From c6b3ef04fd6ff2639821f74eeef36e3e95144647 Mon Sep 17 00:00:00 2001 From: Facundo Santiago Date: Mon, 5 Dec 2022 15:53:47 -0500 Subject: [PATCH] Santiagxf/aml batch fixes (#1936) * test fixes --- sdk/python/dev-requirements.txt | 1 + ...{transformer_scorer.py => batch_driver.py} | 0 .../data/billsum-0.csv | 13269 +++ .../data/billsum-1.csv | 12240 +++ .../data/billsum-2.csv | 12463 +++ .../data/billsum-3.csv | 11248 +++ .../data/billsum-4.csv | 11552 +++ .../data/billsum-5.csv | 12576 +++ .../data/billsum-6.csv | 1952 + .../bart-text-summarization/data/billsum.csv | 75294 ---------------- .../environment/conda.yml | 3 +- .../endpoints/batch/custom-output-batch.ipynb | 182 +- .../code/{score.py => batch_driver.py} | 0 .../heart-classifier-mlflow/model/MLmodel | 12 +- .../model/requirements.txt | 2 +- .../batch/imagenet-classifier-batch.ipynb | 381 +- .../{loader_module.py => module_loader.py} | 16 +- .../{imagenet_scorer.py => batch_driver.py} | 0 ...net_scorer_batch.py => batch_driver_ht.py} | 6 +- ...corer_labels.py => batch_driver_labels.py} | 0 .../batch/mlflow-for-batch-images.ipynb | 839 + .../batch/mlflow-for-batch-tabular.ipynb | 124 +- sdk/python/endpoints/batch/mnist-batch.ipynb | 405 +- sdk/python/endpoints/batch/readme.md | 24 + .../batch/text-summarization-batch.ipynb | 164 +- 25 files changed, 77076 insertions(+), 75677 deletions(-) rename sdk/python/endpoints/batch/bart-text-summarization/code/{transformer_scorer.py => batch_driver.py} (100%) create mode 100644 sdk/python/endpoints/batch/bart-text-summarization/data/billsum-0.csv create mode 100644 sdk/python/endpoints/batch/bart-text-summarization/data/billsum-1.csv create mode 100644 sdk/python/endpoints/batch/bart-text-summarization/data/billsum-2.csv create mode 100644 sdk/python/endpoints/batch/bart-text-summarization/data/billsum-3.csv create mode 100644 sdk/python/endpoints/batch/bart-text-summarization/data/billsum-4.csv create mode 100644 sdk/python/endpoints/batch/bart-text-summarization/data/billsum-5.csv create mode 100644 sdk/python/endpoints/batch/bart-text-summarization/data/billsum-6.csv delete mode 100644 sdk/python/endpoints/batch/bart-text-summarization/data/billsum.csv rename sdk/python/endpoints/batch/heart-classifier-mlflow/code/{score.py => batch_driver.py} (100%) rename sdk/python/endpoints/batch/imagenet-classifier-mlflow/code/{loader_module.py => module_loader.py} (58%) rename sdk/python/endpoints/batch/imagenet-classifier/code/{imagenet_scorer.py => batch_driver.py} (100%) rename sdk/python/endpoints/batch/imagenet-classifier/code/{imagenet_scorer_batch.py => batch_driver_ht.py} (89%) rename sdk/python/endpoints/batch/imagenet-classifier/code/{imagenet_scorer_labels.py => batch_driver_labels.py} (100%) create mode 100644 sdk/python/endpoints/batch/mlflow-for-batch-images.ipynb create mode 100644 sdk/python/endpoints/batch/readme.md diff --git a/sdk/python/dev-requirements.txt b/sdk/python/dev-requirements.txt index 8f278e057e..c81abd5d32 100644 --- a/sdk/python/dev-requirements.txt +++ b/sdk/python/dev-requirements.txt @@ -8,3 +8,4 @@ matplotlib tensorflow tensorflow-hub transformers +keras==2.9 diff --git a/sdk/python/endpoints/batch/bart-text-summarization/code/transformer_scorer.py b/sdk/python/endpoints/batch/bart-text-summarization/code/batch_driver.py similarity index 100% rename from sdk/python/endpoints/batch/bart-text-summarization/code/transformer_scorer.py rename to sdk/python/endpoints/batch/bart-text-summarization/code/batch_driver.py diff --git a/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-0.csv b/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-0.csv new file mode 100644 index 0000000000..90a6e14b56 --- /dev/null +++ b/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-0.csv @@ -0,0 +1,13269 @@ +Unnamed: 0,text,summary,title +0,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) (1) Since 1899 congressionally chartered veterans’ organizations have provided a valuable service to our nation’s returning service members. These organizations help preserve the memories and incidents of the great hostilities fought by our nation, and preserve and strengthen comradeship among members. +(2) These veterans’ organizations also own and manage various properties including lodges, posts, and fraternal halls. These properties act as a safe haven where veterans of all ages and their families can gather together to find camaraderie and fellowship, share stories, and seek support from people who understand their unique experiences. This aids in the healing process for these returning veterans, and ensures their health and happiness. +(b) As a result of congressional chartering of these veterans’ organizations, the United States Internal Revenue Service created a special tax exemption for these organizations under Section 501(c)(19) of the Internal Revenue Code. +(c) Section 501(c)(19) of the Internal Revenue Code and related federal regulations provide for the exemption for posts or organizations of war veterans, or an auxiliary unit or society of, or a trust or foundation for, any such post or organization that, among other attributes, carries on programs to perpetuate the memory of deceased veterans and members of the Armed Forces and to comfort their survivors, conducts programs for religious, charitable, scientific, literary, or educational purposes, sponsors or participates in activities of a patriotic nature, and provides social and recreational activities for their members. +(d) Section 215.1 of the Revenue and Taxation Code stipulates that all buildings, support and so much of the real property on which the buildings are situated as may be required for the convenient use and occupation of the buildings, used exclusively for charitable purposes, owned by a veterans’ organization that has been chartered by the Congress of the United States, organized and operated for charitable purposes, when the same are used solely and exclusively for the purpose of the organization, if not conducted for profit and no part of the net earnings of which ensures to the benefit of any private individual or member thereof, are exempt from taxation. +(e) The Chief Counsel of the State Board of Equalization concluded, based on a 1979 appellate court decision, that only parts of American Legion halls are exempt from property taxation and that other parts, such as billiard rooms, card rooms, and similar areas, are not exempt. +(f) In a 1994 memorandum, the State Board of Equalization’s legal division further concluded that the areas normally considered eligible for exemptions are the office areas used to counsel veterans and the area used to store veterans’ records, but that the meeting hall and bar found in most of the facilities are not considered used for charitable purposes. +(g) Tax-exempt status is intended to provide economic incentive and support to veterans’ organizations to provide for the social welfare of the community of current and former military personnel. +(h) The State Board of Equalization’s constriction of the tax exemption has resulted in an onerous tax burden on California veteran service organizations posts or halls, hinders the posts’ ability to provide facilities for veterans, and threatens the economic viability of many local organizations. +(i) The charitable activities of a veteran service organizations post or hall are much more than the counseling of veterans. The requirements listed for qualification for the federal tax exemption clearly dictate a need for more than just an office. +(j) Programs to perpetuate the memory of deceased veterans and members of the Armed Forces and to comfort their survivors require the use of facilities for funerals and receptions. +(k) Programs for religious, charitable, scientific, literary, or educational purposes require space for more than 50 attendees. +(l) Activities of a patriotic nature need facilities to accommodate hundreds of people. +(m) Social and recreational activities for members require precisely those areas considered “not used for charitable purposes” by the State Board of Equalization. +(n) The State Board of Equalization’s interpretation of the Revenue and Taxation Code reflects a lack of understanding of the purpose and programs of the veterans service organizations posts or halls and is detrimental to the good works performed in support of our veteran community. +SECTION 1. +SEC. 2. +Section 215.1 of the Revenue and Taxation Code is amended to read: +215.1. +(a) All buildings, and so much of the real property on which the buildings are situated as may be required for the convenient use and occupation of the buildings, used exclusively for charitable purposes, owned by a veterans’ organization that has been chartered by the Congress of the United States, organized and operated for charitable purposes, and exempt from federal income tax as an organization described in Section 501(c)(19) of the Internal Revenue Code when the same are used solely and exclusively for the purpose of the organization, if not conducted for profit and no part of the net earnings of which inures to the benefit of any private individual or member thereof, shall be exempt from taxation. +(b) The exemption provided for in this section shall apply to the property of all organizations meeting the requirements of this section, subdivision (b) of Section 4 of Article XIII of the California Constitution, and paragraphs (1) to (4), inclusive, (6), and (7) of subdivision (a) of Section 214. +(c) (1) The exemption specified by subdivision (a) shall not be denied to a property on the basis that the property is used for fraternal, lodge, or social club purposes. +(2) With regard to this subdivision, the Legislature finds and declares all of the following: +(A) The exempt activities of a veterans’ organization as described in subdivision (a) qualitatively differ from the exempt activities of other nonprofit entities that use property for fraternal, lodge, or social club purposes in that the exempt purpose of the veterans’ organization is to conduct programs to perpetuate the memory of deceased veterans and members of the Armed Forces and to comfort their survivors, to conduct programs for religious, charitable, scientific, literary, or educational purposes, to sponsor or participate in activities of a patriotic nature, and to provide social and recreational activities for their members. +(B) In light of this distinction, the use of real property by a veterans’ organization as described in subdivision (a), for fraternal, lodge, or social club purposes is central to that organization’s exempt purposes and activities. +(C) In light of the factors set forth in subparagraphs (A) and (B), the use of real property by a veterans’ organization as described in subdivision (a) for fraternal, lodge, or social club purposes, constitutes the exclusive use of that property for a charitable purpose within the meaning of subdivision (b) of Section 4 of Article XIII of the California Constitution. +(d) The exemption provided for in this section shall not apply to any portion of a property that consists of a bar where alcoholic beverages are served. The portion of the property ineligible for the veterans’ organization exemption shall be that area used primarily to prepare and serve alcoholic beverages. +(e) An organization that files a claim for the exemption provided for in this section shall file with the assessor a valid organizational clearance certificate issued pursuant to Section 254.6. +(f) This exemption shall be known as the “veterans’ organization exemption.” +SEC. 2. +SEC. 3. +Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. +SEC. 3. +SEC. 4. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","Existing property tax law establishes a veterans’ organization exemption under which property is exempt from taxation if, among other things, that property is used exclusively for charitable purposes and is owned by a veterans’ organization. +This bill would provide that the veterans’ organization exemption shall not be denied to a property on the basis that the property is used for fraternal, lodge, or social club purposes, and would make specific findings and declarations in that regard. The bill would also provide that the exemption shall not apply to any portion of a property that consists of a bar where alcoholic beverages are served. +Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. +This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. +This bill would take effect immediately as a tax levy.","An act to amend Section 215.1 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +1,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1170.02 is added to the Penal Code, to read: +1170.02. +A prisoner is not eligible for resentence or recall pursuant to subdivision (e) of Section 1170 if he or she was convicted of first-degree murder if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of his or her duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections, and was intentionally killed in retaliation for the performance of his or her official duties. +SEC. 2. +Section 3550 of the Penal Code is amended to read: +3550. +(a) Notwithstanding any other law, except as provided in subdivision (b), if the head physician of an institution in which a prisoner is incarcerated determines, as provided in this section, that the prisoner is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform activities of basic daily living, and results in the prisoner requiring 24-hour care, and that incapacitation did not exist at the time of sentencing, the prisoner shall be granted medical parole if the Board of Parole Hearings determines that the conditions under which he or she would be released would not reasonably pose a threat to public safety. +(b) This section does not alter or diminish the rights conferred under the Victims’ Bill of Rights Act of 2008 (Marsy’s Law). Subdivision (a) does not apply to any of the following: +(1) A prisoner sentenced to death or life in prison without possibility of parole. +(2) A prisoner who is serving a sentence for which parole, pursuant to subdivision (a), is prohibited by any initiative statute. +(3) A prisoner who was convicted of first-degree murder if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of his or her duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections, and was intentionally killed in retaliation for the performance of his or her official duties. +(c) When a physician employed by the Department of Corrections and Rehabilitation who is the primary care provider for a prisoner identifies a prisoner that he or she believes meets the medical criteria for medical parole specified in subdivision (a), the primary care physician shall recommend to the head physician of the institution where the prisoner is located that the prisoner be referred to the Board of Parole Hearings for consideration for medical parole. Within 30 days of receiving that recommendation, if the head physician of the institution concurs in the recommendation of the primary care physician, he or she shall refer the matter to the Board of Parole Hearings using a standardized form and format developed by the department, and if the head physician of the institution does not concur in the recommendation, he or she shall provide the primary care physician with a written explanation of the reasons for denying the referral. +(d) Notwithstanding any other provisions of this section, the prisoner or his or her family member or designee may independently request consideration for medical parole by contacting the head physician at the prison or the department. Within 30 days of receiving the request, the head physician of the institution shall, in consultation with the prisoner’s primary care physician, make a determination regarding whether the prisoner meets the criteria for medical parole as specified in subdivision (a) and, if the head physician of the institution determines that the prisoner satisfies the criteria set forth in subdivision (a), he or she shall refer the matter to the Board of Parole Hearings using a standardized form and format developed by the department. If the head physician of the institution does not concur in the recommendation, he or she shall provide the prisoner or his or her family member or designee with a written explanation of the reasons for denying the application. +(e) The Department of Corrections and Rehabilitation shall complete parole plans for inmates referred to the Board of Parole Hearings for medical parole consideration. The parole plans shall include, but not be limited to, the inmate’s plan for residency and medical care. +(f) Notwithstanding any other law, medical parole hearings shall be conducted by two-person panels consisting of at least one commissioner. In the event of a tie vote, the matter shall be referred to the full board for a decision. Medical parole hearings may be heard in absentia. +(g) Upon receiving a recommendation from the head physician of the institution where a prisoner is located for the prisoner to be granted medical parole pursuant to subdivision (c) or (d), the board, as specified in subdivision (f), shall make an independent judgment regarding whether the conditions under which the inmate would be released pose a reasonable threat to public safety, and make written findings related thereto. +(h) Notwithstanding any other law, the board or the Division of Adult Parole Operations shall have the authority to impose any reasonable conditions on prisoners subject to medical parole supervision pursuant to subdivision (a), including, but not limited to, the requirement that the parolee submit to electronic monitoring. As a further condition of medical parole, pursuant to subdivision (a), the parolee may be required to submit to an examination by a physician selected by the board for the purpose of diagnosing the parolee’s current medical condition. In the event such an examination takes place, a report of the examination and diagnosis shall be submitted to the board by the examining physician. If the board determines, based on that medical examination, that the person’s medical condition has improved to the extent that the person no longer qualifies for medical parole, the board shall return the person to the custody of the department. +(1) Notwithstanding any other law establishing maximum periods for parole, a prisoner sentenced to a determinate term who is placed on medical parole supervision prior to the earliest possible release date and who remains eligible for medical parole, shall remain on medical parole, pursuant to subdivision (a), until that earliest possible release date, at which time the parolee shall commence serving that period of parole provided by, and under the provisions of, Chapter 8 (commencing with Section 3000) of Title 1. +(2) Notwithstanding any other law establishing maximum periods for parole, a prisoner sentenced to an indeterminate term who is placed on medical parole supervision prior to the prisoner’s minimum eligible parole date, and who remains eligible for medical parole, shall remain on medical parole pursuant to subdivision (a) until that minimum eligible parole date, at which time the parolee shall be eligible for parole consideration under all other provisions of Chapter 8 (commencing with Section 3000) of Title 1. +(i) The Department of Corrections and Rehabilitation shall, at the time a prisoner is placed on medical parole supervision pursuant to subdivision (a), ensure that the prisoner has applied for any federal entitlement programs for which the prisoner is eligible, and has in his or her possession a discharge medical summary, full medical records, parole medications, and all property belonging to the prisoner that was under the control of the department. Any additional records shall be sent to the prisoner’s forwarding address after release to health care-related parole supervision. +(j) The provisions for medical parole set forth in this title shall not affect an inmate’s eligibility for any other form of parole or release provided by law. +(k) (1) Notwithstanding any other law, the Department of Corrections and Rehabilitation shall give notice to the county of commitment and the proposed county of release, if that county is different than the county of commitment, of any medical parole hearing as described in subdivision (f), and of any medical parole release as described in subdivision (g). +(2) Notice shall be made at least 30 days, or as soon as feasible, prior to the time any medical parole hearing or medical parole release is scheduled for an inmate receiving medical parole consideration, regardless of whether the inmate is sentenced either determinately or indeterminately.","Existing law provides that the Board of Parole Hearings or its successor in interest shall be the state’s parole authority. Existing law requires that a prisoner who is found to be permanently medically incapacitated, as specified, be granted medical parole, if the Board of Parole Hearings determines that the conditions under which the prisoner would be released would not reasonably pose a threat to public safety. Existing law exempts a prisoner sentenced to death, a prisoner sentenced to life without the possibility of parole, and a prisoner who is serving a sentence for which parole is prohibited by initiative statute, from medical parole eligibility. +Existing law authorizes a court to resentence or recall the sentence of a prisoner if the court finds that the prisoner is terminally ill, as specified, or the prisoner is permanently medically incapacitated, as specified, and, in either case, the conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety. Existing law exempts a prisoner sentenced to death or a term of life without the possibility of parole from eligibility for compassionate release pursuant to these provisions. +This bill would additionally exempt from medical parole eligibility and compassionate release eligibility a prisoner who was convicted of the first-degree murder of a peace officer or a person who had been a peace officer, as provided.","An act to amend Section 3550 of, and to add Section 1170.02 to, the Penal Code, relating to parole." +2,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California has long been known as the land of opportunity, the republic of the future. But for too many of its residents the future is receding. Inequality continues to rise — even though California has one of the most progressive tax structures in the nation. +(b) Something more is needed; a new philosophy of governance that focuses on the overall progressive outcome that can be achieved through modernizing our tax system and investing in the means of upward mobility, above all job creating infrastructure and public higher education for our increasingly youthful population. +(c) Beyond these foundations, building and sustaining a middle class means new jobs with good wages. Small businesses, like plumbing contractors, auto repair shops, and restaurants that account for over 90 percent of the state’s businesses and well over a third of all jobs, are a key rung on the ladder of upward mobility. They need a tax policy that will enable them to grow and add employees. +(d) California’s two trillion dollar economy has shifted from being mainly agricultural and manufacturing in the 1950s and 1960s, when the framework of today’s tax system was set, to one based on information and services, which now accounts for 80 percent of all economic activities in the state. To achieve a future as promising as California’s past, we need a tax system that is based on this real economy of the 21st century while ensuring that new revenue is invested in strengthening the ladder of mobility for all our residents. +(e) California of the 1950s and 1960s was governed with an eye towards the future and was renowned for the opportunities that it created for its residents. California’s water system was born during that era and transformed the desert into fertile agricultural land that not only fed Californians but the world. California also constructed its freeway system to more rapidly and safely move people and goods through the state as California became the gateway to the Pacific Rim. California’s higher education system was the envy of all, reaching new heights as the University of California and the California State University grew by six and eight campuses respectively between 1958 and 1965. California’s investment in infrastructure and education paid off as agriculture, aerospace, and then technology boomed and drove California into the 21st century as the fifth largest economy in the world. As businesses thrived, they created an abundance of middle class jobs that enabled Californians to capitalize on new opportunities to better the standard of living for themselves and their families. +(f) As California’s economy thrived, however, its eye on the future wavered. By the late 1970s, state and local finances became intertwined; the state increasingly used its funds to support traditionally local operations and both state and local governments pulled back on the types of investments needed to help businesses and residents succeed. Today, Californians live with the investments made more than three generations ago. Fifty-five percent of our local streets need to be repaired or replaced. While the state’s water system received some funding in 2014, more is needed to meet the state’s demands. +(g) On a local level, 70 percent of Los Angeles’ water infrastructure is composed of cast-iron pipes, most of which was laid during the early half of the 20th century. +(h) Our financial commitment to kindergarten and grades 1 to 12, inclusive, education has waned. Average Daily Attendance grew anemically by 0.06 percent annually between 2007 and 2011. By 2011, California ranked 43rd in per pupil spending and California’s ADA was $2,580 less than the United States average — the largest gap in 40 years. +(i) California’s commitment to higher education has also receded. In addition to opening professional and economic doorways for students, California’s higher education system is one of our most important economic engines. With almost 60 faculty and researchers who have won the Nobel prize, the University of California has over 3,200 active patents and contributes $33 billion to the California economy annually. The California State University generates an additional $17 billion in economic activity and supports 150,000 jobs in the state. Despite its proven value, California has not been able to maintain higher education accessibility for its residents. In the past 20 years, University of California fees have increased by 434 percent and California State University fees by 300 percent. Moreover, California community colleges, the largest provider of workforce training in the nation, increased fees by 130 percent between 2008 and 2012, leading to over a 20 percent decline in enrollment. +(j) The lack of investment in infrastructure and education has diminished opportunities for Californians and continues to fuel the growing income inequality in California. Since 1970, the poorest 20 percent of Californians have seen their household income grow by just 3.1 percent while the income of the richest 20 percent has climbed 74.6 percent. Since 1987, 71.3 percent of all the gains generated by California’s economy have gone to the state’s wealthiest 10 percent. Moreover, today, California accounts for three of the 10 American cities with the greatest disparities in wealth—San Francisco, Oakland, and Los Angeles. +(k) (1) The Upward Mobility Act would help ensure California’s residents and businesses can thrive in the 21st century global economy by increasing funding by $10 billion dollars for the following programs, as the revenue becomes available: +(A) Three billion dollars to K-14 education. Investing in its residents through education is the foundation on which California has always built its economy. This measure would provide new funds to help rebuild California’s education system at every level. The new revenues will help to rebuild classrooms and be available to help protect classroom spending from pending pension fund demands. +(B) Two billion dollars to the University of California and the California State University. Similarly, the measure would restore investment in California’s prized higher education system, essential to upward mobility for Californians. Revenues would be split evenly between the University of California and the California State University. +(C) Three billion dollars to local governments. Investing in local governments will more closely connect Californians to the government spending that occurs on their behalf and support the new realignment burdens on local government. Moreover, additional guaranteed funding to provide additional public safety, parks, libraries, or local development, will allow local governments to best meet the specific needs of their particular communities. +(D) Two billion +dollars +for a new earned income tax credit for low-income families. The Upward Mobility Act would establish a refundable earned income tax credit to help low-income families offset the burden of the proposed sales and use tax on services. +(E) Small business and minimum wage relief. This measure would enhance the state’s business climate, create jobs, and incentivize entrepreneurship by evaluating the current corporate income tax to determine whether it is meeting its intended purpose while at the same time linking changes to a more reasonable minimum wage. +(2) Because this funding would be guaranteed, school districts, community colleges, the California State University, the University of California, and local governments would be able to securitize the revenues to make essential long-term investments, just as is the case with real property taxes. +(l) The Upward Mobility Act will fund these programs to enable the upward mobility of our residents and to help make California’s businesses more competitive by modernizing our tax code. The underlying problem is, while California’s economy has evolved, its tax system failed to keep up with the times. Over the past 60 years, California has moved from an agriculture and manufacturing based economy to a services based economy. As a result, state tax revenues have become less reliant on revenues derived from the Sales and Use Tax on goods and more reliant on revenues derived from the Personal Income Tax. In 1950, the Sales and Use Tax comprised 61 percent of all state revenues; today, it accounts for about 30 percent. The Personal Income Tax accounted for 12 percent of total state revenues in 1950; today, it accounts for more than 60 percent. +(m) Moreover, California’s General Fund tax collections are heavily dependent on the earnings of its top earners. This has led to dramatic revenue swings year over year. During the dot-com economic boom of the +1950s +1990s +through the early part of the 21st century, state revenues soared by as much as 20 percent in a single year. However, as personal incomes tumbled during the Great Recession, state revenues plummeted disproportionately. These swings in revenue have led to the suffering of California’s residents. Essential services, such as health care and child care for low-income families, were cut at a time when they were needed most. In addition, the state cut billions of dollars to education, including adult vocational and literacy education, which could have helped low-income families recover from the recession. Relying on the wealthiest taxpayers to support California’s needs is outdated and dangerous fiscal policy. Not only does it increase the uncertainty of tax collections, but there is evidence that California’s high tax rates may be driving high income earners out of the state, which only deepens revenue shortfalls. +(n) The economy has shifted away from the production of goods to services. Since 1966 sales of taxable goods, as a share of the economy, have been cut in half. Today services represent 80 percent of California’s economy. Expanding the Sales and Use Tax to cover services removes a significant inequitable aspect of the tax code, implicitly favoring consumer spending on services over goods. Currently the sale of a TurboTax software disk is taxed, whereas a consumer who instead paid H&R Block would escape taxation. In essence, those who produce goods such as software or machinery are supporting those who produce services and information. Taxing only goods and not services when our economy has been so fundamentally transformed makes no sense and is manifestly unfair. This has to change. +(o) The Upward Mobility Act seeks to make three broad changes to the tax code: +(1) Broaden the tax base by imposing a sales tax on services to increase revenues. Local jurisdictions would not be authorized to increase sales tax on services, as they now can do with the sales tax on goods. Though the new revenues would be collected by the state, the ownership of those funds allocated to local government under this measure will be controlled by local government using traditional allocation mechanisms. Health care services and education services would be exempted from the tax, and very small businesses with under $100,000 gross sales would be exempted from the sales tax on services. +(2) Enhance the state’s business climate and incentivize entrepreneurship and business creation by evaluating the corporate income tax to determine whether it is meeting its intended purposes, including whether it is +born +borne +equitably among California’s businesses and what impact it has on the business climate, while at the same time linking changes to a more reasonable minimum wage. +(3) Examine the impacts of lowering and simplifying the +Personal Income Tax +personal income tax +while maintaining progressivity. The measure’s goal is to reduce +the income tax rates imposed under the Personal Income Tax +personal income tax rates +for low-and middle-class-income households so that families earning $100,000 pay only $1,000. The income tax rate for top earners may also be reduced in a manner that balances fairness with mitigating adverse impact to both state revenues and competitiveness. The obligation of top earners with regard to other tax obligations for top earners, including Proposition 63, would remain intact. +(p) In order to ensure fiscal responsibility, the Upward Mobility Act’s revenue reduction provisions would be phased in only when it is clear that new revenues are sufficient to replace any revisions to the personal income tax and corporate tax. +(q) As the revenues secured by Proposition 30 expire, California policy decisionmakers must determine new long term ways to provide for state residents. The Upward Mobility Act will increase opportunities for California’s businesses and create an upward mobility ladder for California residents. Moreover, the Upward Mobility Act will realign the state’s outdated tax code with the realities of California’s 21st century economy. +SEC. 2. +Chapter 3.8 (commencing with Section 6305) is added to Part 1 of Division 2 of the Revenue and Taxation Code, to read: +CHAPTER 3.8. Services +6305. +In addition to the taxes imposed by this part, for the privilege of selling services at retail a tax is hereby imposed upon all retailers at the rate of ____ percent of the gross receipts of any retailer from the sale of all services sold at retail in this state on or after January 1, ____. +6306. +In addition to the taxes imposed by this part an excise tax is hereby imposed on the receipt of the benefit of the service in this state of services on or after January 1, ____, at the rate specified in Section 6305 of the sales price of the services.","The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Personal Income Tax Law imposes taxes on personal taxable income at specified rates, and the Corporation Tax Law imposes taxes upon, or measured by, corporate income. +This bill would state legislative findings regarding the Upward Mobility Act, key provisions of which would expand the application of the Sales and Use Tax law by imposing a tax on specified services, would enhance the state’s business climate +and +, +would incentivize entrepreneurship and business creation by evaluating the +Corporate Tax Law, +corporate tax, +and would examine the impacts of a lower and simpler +Personal Income Tax Law. +personal income tax. +This bill would, on and after January 1, ___, expand the Sales and Use Tax Law to impose a tax on the gross receipts from the sale in this state of, or the receipt of the benefit in this state of services at a rate of ____%.","An act +to add Chapter 3.8 (commencing with Section 6305) to Part 1 of Division 2 of the Revenue and Taxation Code, +relating to taxation." +3,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 75220 of the Public Resources Code is amended to read: +75220. +(a) The Transit and Intercity Rail Capital Program is hereby created to fund transformative capital improvements, as defined in subdivision (d), that will modernize California’s intercity, commuter, and urban rail systems and bus and ferry transit systems to achieve all of the following policy objectives: +(1) Reduce emissions of greenhouse gases. +(2) Expand and improve transit service to increase ridership. +(3) Integrate the rail service of the state’s various rail operators, including integration with the high-speed rail system. +(4) Improve transit safety. +(b) The Transportation Agency shall evaluate applications consistent with the criteria set forth in this part and approve a multiyear program of projects for funding pursuant to Section 75224, which may be revised as necessary. +(c) The California Transportation Commission shall allocate funding to applicants pursuant to the program of projects approved by the Transportation Agency. +(d) “Transformative capital improvement” means a rail, bus, or ferry transit project that will significantly reduce vehicle miles traveled, congestion, and greenhouse gas emissions by creating a new transit system, increasing the capacity of an existing transit system, or otherwise significantly increasing the ridership of a transit system. +SEC. 2. +Section 75221 of the Public Resources Code is amended to read: +75221. +(a) Projects eligible for funding under the program include, but are not limited to, all of the following: +(1) Rail capital projects, including acquisition of rail cars and locomotives, that expand, enhance, and improve existing rail systems and connectivity to existing and future transit systems, including the high-speed rail system. +(2) Intercity, commuter, and urban rail projects that increase service levels, improve reliability, or decrease travel times, including infrastructure access payments to host railroads in lieu of capital investments. +(3) Rail, bus, and ferry integration implementation, including integrated ticketing and scheduling systems, shared-use corridors, related planning efforts, and other service integration initiatives. +(4) Bus rapid transit and other bus and ferry transit investments to increase ridership and reduce greenhouse gas emissions. +(b) In order to be eligible for funding under the program, a project shall demonstrate that it will achieve a reduction in emissions of greenhouse gases. In selecting projects for funding, the Transportation Agency shall consider the extent to which a project reduces emissions of greenhouse gases. +(c) The program shall have a programmatic goal of providing at least 25 percent of available funding to projects benefiting disadvantaged communities, consistent with the objectives of Chapter 830 of the Statutes of 2012. +(d) In evaluating grant applications for funding, the Transportation Agency shall consider all of the following: +(1) The cobenefits of projects that support the implementation of sustainable communities strategies through one or more of the following: +(A) Reducing vehicle miles traveled from automobiles and the number of automobile trips through growth in transit ridership. +(B) Promoting housing development in the vicinity of rail stations and major transit centers. +(C) Expanding existing rail and public transit systems. +(D) Enhancing the connectivity, integration, and coordination of the state’s various transit systems, including, but not limited to, regional and local transit systems and the high-speed rail system. +(E) Implementing clean vehicle technology. +(F) Promoting active transportation. +(G) Improving public health. +(2) The project priorities developed through the collaboration of two or more rail operators and any memoranda of understanding between state agencies and local or regional rail operators. +(3) Geographic equity. +(4) Consistency with an adopted sustainable communities strategy or, if a sustainable strategy is not required for a region by law, a regional plan that includes policies and programs to reduce emissions of greenhouse gases. +(5) The extent to which a project has supplemental funding committed to it from other nonstate sources. +(6) The extent to which the project will increase transit ridership. +(e) Eligible applicants under the program shall be public agencies, including joint powers agencies, that operate or have planning responsibility for existing or planned regularly scheduled intercity or commuter passenger rail service, urban rail transit service, or bus or ferry transit service. +(f) A recipient of moneys under the program may combine funding from the program with other state funding, including, but not limited to, the State Transportation Improvement Program, the Low Carbon Transit Operations Program, the State Air Resources Board clean vehicle program, and state transportation bond funds. +SEC. 3. +Section 75222 of the Public Resources Code is amended to read: +75222. +(a) Applications for grants under the program shall be submitted to the Transportation Agency for evaluation in accordance with procedures and program guidelines approved by the agency. An eligible applicant may submit an application to the agency to fund a project over multiple fiscal years. The agency may make multiyear funding commitments for projects that are proposed by an eligible applicant to be funded from the program over a period of more than one fiscal year. +(b) The application shall define the project purpose, intended scope, proposed cost, intended funding sources, and schedule for project completion. +(c) The application shall specify the phases of work for which an eligible applicant is seeking an allocation of moneys from the program. +(d) The application shall identify the sources and timing of all moneys required to undertake and complete any phase of a project for which an eligible applicant is seeking an allocation of moneys from the program. The application shall also describe intended sources and timing of funding to complete any subsequent phases of the project, through construction or procurement. +(e) The application shall include information describing the funding sources and approach to ensuring that ongoing operating and maintenance costs of the project are funded through the useful life of the project, as applicable. +(f) Eligible applicants may submit more than one application for grants under the program pursuant to this section. +(g) An eligible applicant may use a project study report or equivalent document to demonstrate eligibility of a project for inclusion in the multiyear program of projects pursuant to Section 75224. The project study report or equivalent document shall, at a minimum, be adequate to define and justify the project scope, cost, and schedule for the project application. +SEC. 4. +Section 75223 is added to the Public Resources Code, to read: +75223. +(a) The Transportation Agency shall conduct at least two public workshops on draft program guidelines containing selection criteria prior to approval and shall post the draft guidelines on the agency’s Internet Web site at least 30 days prior to the first public workshop. Concurrent with the posting, the agency shall transmit the draft guidelines to the fiscal committees and the appropriate policy committees of the Legislature. +(b) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the development and approval of procedures and program guidelines for the program pursuant to this section. +SEC. 5. +Section 75224 is added to the Public Resources Code, to read: +75224. +(a) No later than July 1, 2018, the Transportation Agency shall approve a program of projects, which shall cover a period of five fiscal years, beginning with the 2018–19 fiscal year. +(b) The Transportation Agency shall approve each subsequent program of projects not later than April 1 of each even-numbered year. Each subsequent program shall cover a period of five fiscal years, beginning July 1 of the year of approval, and shall be a statement of intent by the Transportation Agency for the allocation and expenditure of moneys during those five fiscal years. +(c) In developing the program of projects, and consistent with the consideration of all other criteria for individual projects, the Transportation Agency shall seek to maximize the total amount of reductions in emissions of greenhouse gases that would be achieved under the program. +(d) For a project to be funded from the program over a period of more than one fiscal year, the Transportation Agency, at the request of an eligible applicant and in cooperation with the commission, shall enter into and execute a multiyear funding agreement with the eligible applicant for the project for an amount of program moneys and for any duration, as determined jointly by the agency and applicant. +SEC. 6. +Section 75225 is added to the Public Resources Code, to read: +75225. +(a) A lead applicant agency may apply to the commission for a letter of no prejudice for a project or for any component of a project included in the program of projects approved by the Transportation Agency. If approved by the commission, the letter of no prejudice shall allow the lead applicant agency to expend its own moneys for the project or any component of the project and to be eligible for future reimbursement from moneys available for the program from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. +(b) The amount expended under subdivision (a) shall be reimbursed by the state from moneys available for the program from the Greenhouse Gas Reduction Fund if all of the following conditions are met: +(1) The project or project component for which the letter of no prejudice was requested has commenced, and the regional or local expenditures have been incurred. +(2) The expenditures made by the lead applicant agency are eligible for reimbursement in accordance with applicable laws and procedures. If expenditures made by the lead applicant agency are determined to be ineligible, the state has no obligation to reimburse those expenditures. +(3) The lead applicant agency complies with all legal requirements for the project, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)). +(4) There are moneys in the Greenhouse Gas Reduction Fund designated for the program that are sufficient to make the reimbursement payment. +(c) The lead applicant agency and the commission shall enter into an agreement governing reimbursement as described in this section. The timing and final amount of reimbursement is dependent on the terms of the agreement and the availability of moneys in the Greenhouse Gas Reduction Fund for the program. +(d) The commission, in consultation with intercity, commuter, urban rail, and other public transit entities, may develop guidelines to implement this section.","Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from a market-based compliance mechanism relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund. +Existing law establishes the Transit and Intercity Rail Capital Program, which receives 10% of the annual proceeds of the Greenhouse Gas Reduction Fund as a continuous appropriation, to fund capital improvements and operational investments to modernize California’s rail systems to achieve certain policy objectives, including reducing greenhouse gas emissions, expanding and improving rail services to increase ridership, and improving rail safety. Existing law requires the Transportation Agency to evaluate applications for funding under the program and to prepare a list of projects recommended for funding, with grants to be awarded by the California Transportation Commission. +This bill would modify the purpose of the program to delete references to operational investments and instead provide for the funding of transformative capital improvements, as defined, that will modernize California’s intercity, commuter, and urban rail systems and bus and ferry transit systems to achieve certain policy objectives, including reducing emissions of greenhouse gases, expanding and improving transit services to increase ridership, and improving transit safety. By expanding the purposes for which continuously appropriated moneys may be used, the bill would make an appropriation. The bill would modify the information required to be included in applications for grants under the program and would authorize an eligible applicant to submit an application to fund a project over multiple fiscal years and to submit multiple applications. The bill would require the Transportation Agency, in selecting projects for funding, to consider the extent to which a project reduces greenhouse gas emissions, would add additional factors to be considered in evaluating applications for funding, and would expand certain factors considered to include bus and ferry transit service. The bill would require the Transportation Agency to approve, by July 1, 2018, a 5-year program of projects, and would require the California Transportation Commission to allocate funding to eligible applicants pursuant to the program of projects, with subsequent programs of projects to be approved not later than April 1 of each even-numbered year thereafter. The bill would require the Transportation Agency, in cooperation with the California Transportation Commission and at the request of an eligible applicant, to enter into and execute a multiyear funding agreement for a project to be funded over more than one fiscal year, as specified, and would authorize the California Transportation Commission to approve a letter of no prejudice that would allow an applicant to expend its own moneys on a project in the approved program of projects, subject to future reimbursement from program moneys for eligible expenditures.","An act to amend Sections 75220, 75221, and 75222 of, and to add Sections 75223, 75224, and 75225 to, the Public Resources Code, relating to transportation, and making an appropriation therefor." +4,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the California POLST eRegistry Pilot Act. +SEC. 2. +Section 4788 is added to the Probate Code, to read: +4788. +(a)   For purposes of this section: +(1) “Authority” means the Emergency Medical Services Authority. +(2) “Authorized user” means a person authorized by the authority to submit information to, or to receive information from, the POLST eRegistry Pilot, including health care providers, as defined in Section 4781, and their designees. +(3) “POLST” means a Physician Orders for Life Sustaining Treatment that fulfills the requirements, in any format, of Section 4780. +(4) “POLST eRegistry Pilot” means the California POLST eRegistry Pilot Act established pursuant to this section to make electronic, in addition to other modes of submission and transmission, POLST information available to authorized users. +(b) (1) The authority shall establish a pilot project, in consultation with stakeholders, to operate an electronic registry system on a pilot basis, to be known as the California POLST eRegistry Pilot, for the purpose of collecting a patient’s POLST information received from a physician or physician’s designee and disseminating the information to an authorized user. +(2) The authority shall implement this section only after determining that sufficient nonstate funds are available to allow for the development of the POLST eRegistry Pilot, any related startup costs, and an evaluation of the POLST eRegistry Pilot. +(3) The authority shall coordinate the POLST eRegistry Pilot, which shall be operated by, and as a part of, the health information exchange networks, or by an independent contractor, or by a combination thereof. The POLST eRegistry Pilot may operate in a single geographic area or multiple geographic areas and may test various methods of making POLST information available electronically. The design of the POLST eRegistry Pilot shall be sufficiently robust, based on the success of the pilot, to inform the permanent, statewide operation of a POLST eRegistry. +(4) The authority shall adopt guidelines necessary for the operation of the POLST eRegistry Pilot. In developing these guidelines, the authority shall seek input from interested parties and hold at least one public meeting. The adoption, amendment, or repeal of the guidelines authorized by this paragraph is hereby exempted from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The guidelines shall include, but not be limited to, the following: +(A) The means by which initial or subsequent POLST information may be submitted to, or withdrawn from, the POLST eRegistry Pilot, which shall include a method for electronic delivery of this information and the use of legally sufficient electronic signatures. +(B) Appropriate and timely methods by which the information in the POLST eRegistry Pilot may be disseminated to an authorized user. +(C) Procedures for verifying the identity of an authorized user. +(D) Procedures to ensure the accuracy of, and to appropriately protect the confidentiality of, POLST information submitted to the POLST eRegistry Pilot. +(E) The requirement that a patient, or, when appropriate, his or her legally recognized health care decisionmaker, receive a confirmation or a receipt that the patient’s POLST information has been received by the POLST eRegistry Pilot. +(F) The ability of a patient, or, when appropriate, his or her legally recognized health care decisionmaker, with his or her health care provider, as defined in Section 4621, to modify or withdraw POLST information on the POLST eRegistry Pilot. +(6) (A) Prior to implementation of the POLST eRegistry Pilot, the authority shall submit a detailed plan to the Legislature that explains how the POLST eRegistry Pilot will operate. +(B) The plan to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code. +(c) The operation of the POLST eRegistry Pilot, for all users, shall comply with state and federal privacy and security laws and regulations, including, but not limited to, compliance with the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) and the regulations promulgated pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), found at Parts 160 and 164 of Title 45 of the Code of Federal Regulations. +(d) When the POLST eRegistry Pilot is operable in the geographic area in which he or she practices or operates, a physician or physician’s designee who completes POLST information with a patient or his or her legally recognized health care decisionmaker shall include the POLST information in the patient’s official medical record and shall submit a copy of the POLST form to, or enter the POLST information into, the POLST eRegistry Pilot, unless the patient or the legally recognized health care decisionmaker chooses not to participate in the POLST eRegistry Pilot. +(e) When the POLST eRegistry Pilot is operable in the geographic area in which they practice or operate, physicians, hospitals, and health information exchange networks shall make electronic POLST information available, for use during emergencies, through the POLST eRegistry Pilot to health care providers, as defined in Section 4781, that also practice or operate in a geographic area where the POLST eRegistry Pilot is operable, but that are outside of their health information exchange networks. +(f) In accordance with Section 4782, a health care provider, as defined in Section 4781, who honors a patient’s request regarding resuscitative measures obtained from the POLST eRegistry Pilot shall not be subject to criminal prosecution, civil liability, discipline for unprofessional conduct, administrative sanction, or any other sanction, if the health care provider (1) believes in good faith that the action or decision is consistent with this part, and (2) has no knowledge that the action or decision would be inconsistent with a health care decision that the individual signing the request would have made on his or her own behalf under like circumstances. +(g) An independent contractor approved by the authority shall perform an evaluation of the POLST eRegistry Pilot. +(h) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.","Existing law defines a request regarding resuscitative measures as a written document, signed by an individual with capacity, or a legally recognized health care decisionmaker, and the individual’s physician, directing a health care provider regarding resuscitative measures. Existing law defines a Physician Orders for Life Sustaining Treatment form, which is commonly referred to as a POLST form, and provides that a request regarding resuscitative measures includes a POLST form. Existing law requires that a POLST form and the medical intervention and procedures offered by the form be explained by a health care provider. Existing law distinguishes a request regarding resuscitative measures from an advance health care directive. +This bill would enact the California POLST eRegistry Pilot Act. The bill would require the Emergency Medical Services Authority to establish a pilot project, in consultation with stakeholders, to operate an electronic registry system on a pilot basis, to be known as the California POLST eRegistry Pilot, for the purpose of collecting POLST information received from a physician or physician’s designee. The bill would require the authority to coordinate the POLST eRegistry Pilot, which would be operated by health information exchange networks, by an independent contractor, or by a combination thereof. The bill would require the authority to implement these provisions only after it determines that sufficient nonstate funds are available for development of the POLST eRegistry Pilot, any related startup costs, and an evaluation of the POLST eRegistry Pilot. When the POLST eRegistry Pilot is operable in the geographic area in which he or she operates or practices, a physician or physician’s designee who completes POLST information would be required to include the POLST information in the patient’s official medical record and would be required to submit a copy of the form to, or to enter the information into, the POLST eRegistry Pilot, unless a patient or his or her health care decisionmaker chooses not to participate in the POLST eRegistry Pilot. The bill would require the authority to adopt guidelines for, among other things, the operation of the POLST eRegistry Pilot, including the means by which POLST information would be submitted electronically, modified, or withdrawn, the appropriate and timely methods for dissemination of POLST form information, the procedures for verifying the identity of an authorized user, and rules for maintaining the confidentiality of POLST information received by the POLST eRegistry Pilot. The bill would require that any disclosure of POLST information in the POLST eRegistry Pilot be made in accordance with applicable state and federal privacy and security laws and regulations. The bill would provide immunity from criminal prosecution, civil liability, discipline for unprofessional conduct, and any other sanction for a health care provider who honors a patient’s request regarding resuscitative measures obtained from the POLST eRegistry Pilot, as specified. The bill would require an independent contractor approved by the authority to conduct an evaluation of the POLST eRegistry Pilot. The provisions of the bill would be operative until January 1, 2020.","An act to add and repeal Section 4788 of the Probate Code, relating to resuscitative measures." +5,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 87207 of the Government Code is amended to read: +87207. +(a) If income is required to be reported under this article, the statement shall contain, except as provided in subdivision (b): +(1) The name and address of each source of income aggregating five hundred dollars ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. +(2) A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was at least five hundred dollars ($500) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but was not greater than ten thousand dollars ($10,000), whether it was greater than ten thousand dollars ($10,000) but not greater than one hundred thousand dollars ($100,000), or whether it was greater than one hundred thousand dollars ($100,000). +(3) A description of the consideration, if any, for which the income was received. +(4) In the case of a gift, the amount and the date on which the gift was received, and the travel destination for purposes of a gift that is a travel payment, advance, or reimbursement. +(5) In the case of a loan, the annual interest rate, the security, if any, given for the loan, and the term of the loan. +(b) If the filer’s pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported under this article, the statement shall contain: +(1) The name, address, and a general description of the business activity of the business entity. +(2) The name of every person from whom the business entity received payments if the filer’s pro rata share of gross receipts from that person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. +(c) If a payment, including an advance or reimbursement, for travel is required to be reported pursuant to this section, it may be reported on a separate travel reimbursement schedule which shall be included in the filer’s statement of economic interest. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income. +SEC. 1.5. +Section 87207 of the Government Code is amended to read: +87207. +(a) Except as provided in subdivision (b), if income is required to be reported under this article, the statement shall contain all of the following: +(1) The name and address of each source of income aggregating one thousand dollars ($1,000) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. +(2) A statement indicating which of the following represents the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source: +(A) At least one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000). +(B) Greater than ten thousand dollars ($10,000) but not greater than one hundred thousand dollars ($100,000). +(C) Greater than one hundred thousand dollars ($100,000) but not greater than two hundred fifty thousand dollars ($250,000). +(D) Greater than two hundred fifty thousand dollars ($250,000) but not greater than five hundred thousand dollars ($500,000). +(E) Greater than five hundred thousand dollars ($500,000). +(3) A description of the consideration, if any, for which the income was received. +(4) In the case of a gift, the amount and the date on which the gift was received, and the travel destination for purposes of a gift that is a travel payment, advance, or reimbursement. +(5) In the case of a loan, the annual interest rate, the security, if any, given for the loan, and the term of the loan. +(b) If the filer’s pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported under this article, the statement shall contain the following: +(1) (A) The name, address, and, except as provided in subparagraph (B), a thorough and detailed description of the business activity of the business entity based on criteria established by the commission. +(B) A filer is not required to provide a thorough and detailed description of the business activity of the business entity if the business entity is publicly traded. +(2) The name of every person from whom the business entity received payments if the filer’s pro rata share of gross receipts from that person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. +(c) If a payment, including an advance or reimbursement, for travel is required to be reported pursuant to this section, it may be reported on a separate travel reimbursement schedule, which shall be included in the filer’s statement of economic interest. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income. +SEC. 2. +Section 89506 of the Government Code is amended to read: +89506. +(a) Payments, advances, or reimbursements for travel, including actual transportation and related lodging and subsistence that is reasonably related to a legislative or governmental purpose, or to an issue of state, national, or international public policy, are not prohibited or limited by this chapter if either of the following applies: +(1) The travel is in connection with a speech given by the elected state officer, local elected officeholder, candidate for elective state office or local elective office, an individual specified in Section 87200, member of a state board or commission, or designated employee of a state or local government agency, the lodging and subsistence expenses are limited to the day immediately preceding, the day of, and the day immediately following the speech, and the travel is within the United States. +(2) The travel is provided by a government, a governmental agency, a foreign government, a governmental authority, a bona fide public or private educational institution, as defined in Section 203 of the Revenue and Taxation Code, a nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, or by a person domiciled outside the United States who substantially satisfies the requirements for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. +(b) Gifts of travel not described in subdivision (a) are subject to the limits in Section 89503. +(c) Subdivision (a) applies only to travel that is reported on the recipient’s statement of economic interests. +(d) For purposes of this section, a gift of travel does not include any of the following: +(1) Travel that is paid for from campaign funds, as permitted by Article 4 (commencing with Section 89510), or that is a contribution. +(2) Travel that is provided by the agency of a local elected officeholder, an elected state officer, member of a state board or commission, an individual specified in Section 87200, or a designated employee. +(3) Travel that is reasonably necessary in connection with a bona fide business, trade, or profession and that satisfies the criteria for federal income tax deduction for business expenses in Sections 162 and 274 of the Internal Revenue Code, unless the sole or predominant activity of the business, trade, or profession is making speeches. +(4) Travel that is excluded from the definition of a gift by any other provision of this title. +(e) This section does not apply to payments, advances, or reimbursements for travel and related lodging and subsistence permitted or limited by Section 170.9 of the Code of Civil Procedure. +(f) (1) A nonprofit organization that regularly organizes and hosts travel for elected officials and that makes payments, advances, or reimbursements that total more than ten thousand dollars ($10,000) in a calendar year, or that total more than five thousand dollars ($5,000) in a calendar year for a single person, for travel by an elected state officer or local elected officeholder as described in subdivision (a) shall disclose to the Commission the names of donors who did both of the following in the preceding year: +(A) Donated one thousand dollars ($1,000) or more to the nonprofit organization. +(B) Accompanied an elected state officer or local elected officeholder, either personally or through an agent, employee, or representative, for any portion of travel described in subdivision (a). +(2) For purposes of this subdivision, an organization “regularly organizes and hosts travel for elected officials” if the sum of the organization’s expenses that relate to any of the following types of activities with regard to elected officials was greater than one-third of its total expenses reflected on the organization’s Internal Revenue Service Form 990, or the equivalent, filed most recently within the last 12 months: +(A) Travel. +(B) Study tours. +(C) Conferences, conventions, and meetings. +(3) This subdivision does not preclude a finding that a nonprofit organization is acting as an intermediary or agent of the donor. If the nonprofit organization is acting as an intermediary or agent of the donor, all of the following apply: +(A) The donor to the nonprofit organization is the source of the gift. +(B) The donor shall be identified as a financial interest under Section 87103. +(C) The gift shall be reported as required by Section 87207. +(D) The gift shall be subject to the limitations on gifts specified in Section 89503. +(4) For purposes of this subdivision, a nonprofit organization includes an organization that is exempt from taxation under Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code. +SEC. 3. +Section 1.5 of this bill incorporates amendments to Section 87207 of the Government Code proposed by both this bill and Assembly Bill 10. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 87207 of the Government Code, and (3) this bill is enacted after Assembly Bill 10, in which case Section 1 of this bill shall not become operative. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 5. +The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.","The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and related matters, including the reporting of gifts, as defined. The act prohibits specified officers from receiving gifts in excess of $440 in value from a single source in a calendar year. The act exempts gift payments for the actual costs of specified types of travel that are reasonably related to a legislative or governmental purpose, or to an issue of state, national, or international public policy, from the annual limit on the value of gifts from a single source. +This bill would require a nonprofit organization that regularly organizes and hosts travel for elected officials, as specified, and that pays for these types of travel for an elected state officer or local elected officeholder to disclose the names of donors who, in the preceding year, both donated to the nonprofit organization and accompanied an elected officer or officeholder for any portion of the travel, as specified. The bill would require a person who receives a gift of a travel payment from any source to report the travel destination on his or her statement of economic interests. +This bill would incorporate additional changes to Section 87207 of the Government Code proposed by both this bill and AB 10, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last. +A violation of the act’s provisions is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a +2/3 +vote of each house and compliance with specified procedural requirements. +This bill would declare that it furthers the purposes of the act.","An act to amend Sections 87207 and 89506 of the Government Code, relating to the Political Reform Act of 1974." +6,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares as follows: +(a) More than $40 million of funding for the training of California’s primary care physicians is expiring in 2016. +(b) Each year in California, only 368 slots are available to the thousands of medical students seeking to train in family medicine. If the funding is not replaced, 158 of those slots will be lost, creating a terrible deficit of primary care physicians in California’s underserved communities. +(c) Only 36 percent of California’s active patient care physicians practice primary care. Twenty-three of California’s 58 counties fall below the minimum required primary care physician to population ratio. +(d) As of 2010, California needed an estimated additional 8,243 primary care physicians by 2030 to prevent projected shortages in the state, which is about 412 new primary care physicians per year. +(e) More than 32 percent of California’s practicing primary care physicians are 60 years of age or older – only four other states have a larger percentage of soon-to-retire physicians. +(f) States with higher ratios of primary care physicians to population have better health outcomes, including decreased mortality from cancer, heart disease, and stroke. +(g) The Song-Brown program provides an existing state infrastructure to support an increase in the number of primary care providers serving California’s underserved populations. By investing in Song-Brown, California will realize an immediate return on investment as each primary care resident provides an average of 600 additional patient visits per physician per year during training alone. +(h) California’s long-term workforce will also grow significantly as the vast majority of physicians who train in a region stay there to practice. California leads all fifty states in the percentage of residency program graduates who stay in the state in which they are trained. +SEC. 2. +Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated from the General Fund the sum of three hundred million dollars ($300,000,000) to the Director of Statewide Health Planning and Development, for the purpose of funding new and existing graduate medical education physician residency positions, and supporting training faculty, pursuant to the Song-Brown Health Care Workforce Training Act (Article 1 (commencing with Section 128200) of Chapter 4 of Part 3 of Division 107 of the Health and Safety Code). The moneys shall be expended as follows: +(a) The sum of one hundred million dollars ($100,000,000) shall be expended in the 2016–17 fiscal year. +(b) The sum of one hundred million dollars ($100,000,000) shall be expended in the 2017–18 fiscal year. +(c) The sum of one hundred million dollars ($100,000,000) shall be expended in the 2018–19 fiscal year. +SECTION 1. +Article 7 (commencing with Section 128590) is added to Chapter 5 of Part 3 of Division 107 of the +Health and Safety Code +, to read: +7. +California Medical Residency Training Program +128590. +As used in this article: +(a)“Director” means the Director of Statewide Health Planning and Development. +(b)“Foundation” means the Health Professions Education Foundation. +(c)“Fund” means the Medical Residency Training Fund. +(d)“Office” means the Office of Statewide Health Planning and Development. +(e)“Panel” means the Medical Residency Training Advisory Panel, established pursuant to Section 128591. +(f)“Primary care” means the medical practice areas of family medicine, general surgery, internal medicine, obstetrics and gynecology, pediatrics, psychiatry, and related specialties and subspecialties as the office deems appropriate. +(g)“Residency position” means a graduate medical education residency position in the field of primary care. +128591. +(a)(1)There is established within the foundation the Medical Residency Training Advisory Panel. +(2)The panel shall consist of 13 members. Seven members shall be appointed by the Governor, one member shall be appointed by the Speaker of the Assembly, one member shall be appointed by the Senate Committee on Rules, two members of the Medical Board of California shall be appointed by the Medical Board of California, and two members of the Osteopathic Medical Board of California shall be appointed by the Osteopathic Medical Board of California. +(3)The members of the panel appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules shall consist of representatives of designated and nondesignated public hospitals, private hospitals, community clinics, public and private health insurance providers, the pharmaceutical industry, associations of health care practitioners, and other appropriate members of health or related professions. +(4)All persons considered for appointment shall have an interest in increasing the number of medical residencies in the state, an interest in increasing access to health care in underserved areas of California, and the ability and desire to solicit funds for the purposes of this article, as determined by the appointing power. +(b)The Governor shall appoint the president of the panel from among those members appointed by the Governor, the Speaker of the Assembly, the Senate Committee on Rules, the Medical Board of California, and the Osteopathic Medical Board of California. +(c)(1)Of the members of the panel first appointed by the Governor, three members shall be appointed to serve a one-year term, three members shall be appointed to serve a two-year term, and one member shall be appointed to serve a three-year term. +(2)Each member of the panel first appointed by the Speaker of the Assembly and the Senate Committee on Rules shall be appointed to serve a three-year term. +(3)Each member of the panel appointed by the Medical Board of California and the Osteopathic Medical Board of California shall be appointed to serve a four-year term. +(4)Upon the expiration of the initial appointments to the panel by the Governor, the Speaker of the Assembly, the Senate Committee on Rules, the Medical Board of California, and the Osteopathic Medical Board of California, each member shall be appointed to serve a four-year term. +(d)(1)Members of the panel appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the panel. +(2)The members appointed by the Medical Board of California and the Osteopathic Medical Board of California shall serve without compensation, but shall be reimbursed by the Medical Board of California and the Osteopathic Medical Board of California, respectively, for any actual and necessary expenses incurred in connection with their duties as members of the panel. +(e)Notwithstanding any law relating to incompatible activities, no member of the panel shall be considered to be engaged in activities inconsistent and incompatible with his or her duties solely as a result of membership on the Medical Board of California or the Osteopathic Medical Board of California. +(f)The panel shall be subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 2 of the Corporations Code), except that if there is a conflict with this article and the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 2 of the Corporations Code), this article shall prevail. +128592. +The panel shall do all of the following: +(a)Solicit and accept funds from business, industry, foundations, and other private or public sources for the purpose of establishing and funding new residency positions in areas of the state described in subdivision (c). +(b)Encourage public and private sector institutions, including hospitals, colleges, universities, community clinics, and other health agencies and organizations to identify and provide locations for the establishment of new residency positions in areas of the state described in subdivision (c). The panel shall solicit proposals for medical residency programs, as described in subdivision (c), and shall provide to the foundation a copy of all proposals it receives. +(c)Upon the sufficient solicitation of funds and at the panel’s discretion, recommend to the foundation the establishment of new residency positions. A recommendation shall include all pertinent information required to enter into the necessary contracts to establish the residency positions. The panel shall only approve and recommend to the foundation proposals that would establish residency positions that will serve in any of the following medical service areas: +(1)A service area that is designated as a primary care shortage area by the office. +(2)A service area that is designated as a health professional shortage area for primary care, by either population or geographic designation, by the Health Resources and Services Administration of the United States Department of Health and Human Services. +(3)A service area that is designated as a medically underserved area or medically underserved population by the Health Resources and Services Administration of the United States Department of Health and Human Services. +(d)Upon foundation approval of a recommendation, deposit into the fund necessary moneys required to establish and fund the residency position. +(e)Recommend to the director that a portion of the funds solicited from the private sector be used for the administrative requirements of the panel and the foundation. +(f)Prepare and submit an annual report to the Legislature documenting the amount of money solicited, the amount of money deposited by the panel into the fund, the recommendations for the location and fields of practice of residency positions, total expenditures for the year, and prospective fundraising goals. +128593. +The foundation shall do all of the following: +(a)Provide technical and staff support to the panel in meeting all of its responsibilities. +(b)Upon receipt of a recommendation made by the panel pursuant to subdivision (c) of Section 128592, approve the recommendation if the recommendation fulfills the requirements of subdivision (c) of Section 128592 and the recommendation fulfills the goals of this article. Upon sufficient funds being available, an approval shall be sent to the office for implementation pursuant to Section 128594. +128594. +The office shall do all of the following: +(a)Establish a uniform process by which the panel may solicit proposals from public and private sector institutions, including hospitals, colleges, universities, community clinics, and other health agencies and organizations that train primary care residents. The office shall require that the proposals contain all necessary and pertinent information, including, but not limited to, all of the following: +(1)The location of the proposed residency position. +(2)The medical practice area of the proposed residency position. +(3)Information that demonstrates the area’s need for the proposed residency position and for additional primary care practitioners. +(4)The amount of funding required to establish and operate the residency position. +(b)Enter into contracts with public and private sector institutions, including hospitals, colleges, universities, community clinics, and other health agencies and organizations in order to fund and establish residency positions at, or in association with, these institutions. +(c)Ensure that the residency position has been, or will be, approved by the Accreditation Council for Graduate Medical Education. +(d)Provide all of the following information to the panel and the foundation as requested: +(1)The areas of the state that are deficient in primary care services. +(2)The areas of the state that have the highest number of Medi-Cal enrollees and persons eligible to enroll in Medi-Cal, by proportion of population. +(3)Other information relevant to assist the panel and the foundation in making recommendations on possible locations for new residency positions. +(e)Monitor the residencies established pursuant to this article. +(f)(1)Prepare and submit an annual report to the panel, the foundation, and the Legislature documenting the amount of money contributed to the fund by the panel, the amount of money expended from the fund, the purposes of those expenditures, the number and location of residency positions established and funded, and recommendations for the location of future residency positions. +(2)The report pursuant to paragraph (1) shall be made to the Legislature pursuant to Section 9795 of the Government Code. +128595. +(a)The Medical Residency Training Fund is hereby created within the State Treasury. +(b)The primary purpose of the fund is to allocate funding for new residency positions throughout the state. Money in the fund shall also be used to pay for the cost of administering the goals of the panel and the foundation as established by this article, and for any other purpose authorized by this article. +(c)The level of expenditure by the office for the administrative support of the panel and the foundation is subject to review and approval annually through the state budget process. +(d)In addition to funds raised by the panel, the office and the foundation may solicit and accept public and private donations to be deposited into the fund. All money in the fund is continuously appropriated to the office for the purposes of this article. The office shall manage this fund prudently in accordance with applicable laws. +128596. +Any regulations the office adopts to implement this article shall be adopted as emergency regulations in accordance with Section 11346.1 of the Government Code, except that the regulations shall be exempt from the requirements of subdivisions (e), (f), and (g) of that section. The regulations shall be deemed to be emergency regulations for the purposes of Section 11346.1 of the Government Code. +128597. +Notwithstanding any other law, the office may exempt from public disclosure any document in the possession of the office that pertains to a donation made pursuant to this article if the donor has requested anonymity. +128598. +(a)The Governor may include in the annual budget proposal an amount, as he or she deems reasonable, to be appropriated to the office to be used as provided in this article. +(b)If the Legislature appropriates money for purposes of this article, the money shall be appropriated to the office, which shall hold the money for distribution to the fund. +(c)Funds appropriated to the office shall be paid into the fund, upon request of the panel, in an amount matching the amount deposited into the fund by the panel or by the foundation and office pursuant to subdivision (d) of Section 128595 for the purposes of this article. Any money that was appropriated to the office and that has not been distributed to the fund at the end of each fiscal year shall be returned to the General Fund. +SEC. 2. +The Legislature finds and declares that Section 1 of this act, which adds Article 7 (commencing with Section 128590) to Chapter 5 of Part 3 of Division 107 of the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +The need to protect individual privacy of donations made by a donor to fund new medical residency positions in underserved areas of the state outweighs the interest in the public disclosure of that information.","The Song-Brown Health Care Workforce Training Act creates a state medical contract program to increase the number of students and residents receiving quality education and training in specified primary care specialties or in nursing, and to maximize the delivery of primary care and family physician services to specific areas of California where there is a recognized unmet priority need for those services. The act requires the Director of Statewide Health Planning and Development to, among other things, contract with accredited medical schools, teaching health centers, training programs, hospitals, and other health care delivery systems for those purposes, based on recommendations of the California Healthcare Workforce Policy Commission and in conformity with the contract criteria and program standards established by the commission. +This bill would appropriate $300,000,000 from the General Fund to the director for the purpose of funding new and existing graduate medical education physician residency positions, and supporting training faculty, pursuant to the act, for expenditure as specified. The bill would also make related findings and declarations. +Existing law, the Song-Brown Health Care Workforce Training Act, declares the intent of the Legislature to increase the number of students and residents receiving quality education and training in the specialty of family practice and as primary care physician’s assistants and primary care nurse practitioners. Existing law establishes, for this purpose, a state medical contract program with accredited medical schools, programs that train primary care physician’s assistants, programs that train primary care nurse practitioners, registered nurses, hospitals, and other health care delivery systems. +Existing law requires the Office of Statewide Health Planning and Development to establish the Health Professions Education Foundation to solicit and receive funds for the purpose of providing financial assistance in the form of scholarships or loans to medical students from underrepresented groups. Under existing law, the foundation also administers other programs for the advancement of health professions, including the Registered Nurse Education Program. +This bill would establish the Medical Residency Training Advisory Panel, consisting of a total of 13 members to be appointed as specified, within the Health Professions Education Foundation. +The bill would create the Medical Residency Training Fund in the State Treasury, a continuously appropriated fund, and would require the panel to solicit and accept funds from business, industry, foundations, and other private or public sources for the purpose of establishing and funding new graduate medical residency training programs in specified areas of the state, including medically underserved areas. By creating a continuously appropriated fund, the bill would make an appropriation. The bill would require the foundation to provide technical support and financial management for the panel and to approve and send panel recommendations for new residency programs to the Office of Statewide Health Planning and Development for implementation if specified requirements are met, including sufficient funding. The bill would require the office to enter into contracts with public and private sector institutions and other health agencies and organizations in order to fund and establish recommended residency positions. The bill would authorize the Governor to include in the annual budget proposal an amount, as he or she deems reasonable, to be appropriated for this purpose. The bill, if the Legislature appropriates money for this purpose, would require the office to hold the funds and distribute them into the fund, upon request of the panel, in an amount matching the amount deposited into the fund, as specified. The bill would require money that was appropriated, but that has not been distributed to the fund at the end of each fiscal year, to be returned to the General Fund. +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act +to add Article 7 (commencing with Section 128590) to Chapter 5 of Part 3 of Division 107 of the Health and Safety Code, +relating to health care, and making an appropriation therefor." +7,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Scientific research has demonstrated that young children living in deep poverty experience lifelong cognitive impairments limiting their ability to be prepared for, and succeed in, school. +(b) Academic research has documented an increase in missed days of school and an increase in visits to hospital emergency rooms by children who live in deep poverty. +(c) The Maximum Family Grant rule was adopted to limit the length of time a family could receive basic needs assistance, and to limit the amount of assistance a family could receive, through the Aid to Families with Dependent Children (AFDC) program before the implementation of welfare reform. At the time the rule was adopted, there was no limit on the length of time a family could receive aid, no work requirements, and the benefits provided were approximately 80 percent of the federal poverty level. +(d) Since the implementation of the Maximum Family Grant rule, AFDC has been replaced with the California Work Opportunity and Responsibility to Kids Act (CalWORKs), which imposes lifetime limits on aid and requires adult CalWORKs participants to meet work requirements in order to receive a maximum benefit of approximately 40 percent of the federal poverty level. +(e) The Maximum Family Grant rule makes poor children poorer, reducing the income of families with infants to below 30 percent of the federal poverty level. +(f) This act is necessary to protect infants born to families receiving CalWORKs from experiencing lifelong cognitive impairments due to the toxic stress of deep poverty and to ready those children for participation in California’s public school system. +(g) This act is also necessary to protect the reproductive and privacy rights of all applicants for, and recipients of, aid under CalWORKs. +SEC. 2. +Section 11270.5 is added to the Welfare and Institutions Code, immediately following Section 11270, to read: +11270.5. +(a) An applicant for, or recipient of, aid under this chapter shall not be required, as a condition of eligibility, to do any of the following: +(1) Divulge that any member of the assistance unit is a victim of rape or incest. +(2) Share confidential medical records related to any member of the assistance unit’s rape or incest. +(3) Use contraception, choose a particular method of contraception, or divulge the method of contraception that any member of the assistance unit uses. +(b) An applicant for, or recipient of, aid under this chapter shall not be denied aid, nor denied an increase in the maximum aid payment, for a child born into the applicant’s or recipient’s family during a period in which the applicant’s or recipient’s family was receiving aid under this chapter. +(c) An applicant for, or recipient of, aid under this chapter shall not be entitled to an increased benefit payment for any month prior to January 1, 2016, as a result of the repeal of former Section 11450.04 (as added by Section 1 of Chapter 196 of the Statutes of 1994) or the enactment of this section. +SEC. 3. +Section 11450.04 of the Welfare and Institutions Code is repealed. +11450.04. +(a)For purposes of determining the maximum aid payment specified in subdivision (a) of Section 11450 and for no other purpose, the number of needy persons in the same family shall not be increased for any child born into a family that has received aid under this chapter continuously for the 10 months prior to the birth of the child. For purposes of this section, aid shall be considered continuous unless the family does not receive aid during two consecutive months. This subdivision shall not apply to applicants for, or recipients of, aid unless notification is provided pursuant to this section. +(b)This section shall not apply with respect to any of the following children: +(1)Any child who was conceived as a result of an act of rape, as defined in Sections 261 and 262 of the Penal Code, if the rape was reported to a law enforcement agency, medical or mental health professional or social services agency prior to, or within three months after, the birth of the child. +(2)Any child who was conceived as a result of an incestuous relationship if the relationship was reported to a medical or mental health professional or a law enforcement agency or social services agency prior to, or within three months after, the birth of the child, or if paternity has been established. +(3)Any child who was conceived as a result of contraceptive failure if the parent was using an intrauterine device, a Norplant, or the sterilization of either parent. +(c)This section shall not apply to any child born on or before November 1, 1995. +(d)(1)This section shall not apply to any child to whom it would otherwise apply if the family has not received aid for 24 consecutive months while the child was living with the family. +(2)This section shall not apply to any child conceived when either parent was a nonneedy caretaker relative. +(3)This section shall not apply to any child who is no longer living in the same home with either parent. +(e)One hundred percent of any child support payment received for a child born into the family, but for whom the maximum aid payment is not increased pursuant to this section, shall be paid to the assistance unit. Any such child support payment shall not be considered as income to the family for the purpose of calculating the amount of aid for which the family is eligible under this article. +(f)Commencing January 1, 1995, each county welfare department shall notify applicants for assistance under this chapter, in writing, of the provisions of this section. The notification shall also be provided to recipients of aid under this chapter, in writing, at the time of recertification, or sooner. The notification required by this section shall set forth the provisions of this section and shall state explicitly the impact these provisions would have on the future aid to the assistance unit. This section shall not apply to any recipient’s child earlier than 12 months after the mailing of an informational notice as required by this subdivision. +(g)(1)The department shall seek all appropriate federal waivers for the implementation of this section. +(2)The department shall implement this section commencing on the date the Director of Social Services executes a declaration, that shall be retained by the director, stating that the administrative actions required by paragraph (1) as a condition of implementation of this section have been taken by the United States Secretary of Health and Human Services. +(h)Subdivisions (a) to (g), inclusive, shall become operative on January 1, 1995. +SEC. 4. +No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for the purposes of this act. +SEC. 5. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Under existing law, for purposes of determining a family’s maximum aid payment under the CalWORKs program, the number of needy persons in the same family is not increased for any child born into a family that has received aid under the CalWORKs program continuously for the 10 months prior to the birth of the child, with specified exceptions. +This bill would repeal that exclusion for purposes of determining the family’s maximum aid payment and would expressly prohibit the denial of aid, or the denial of an increase in the maximum aid payment, if a child, on whose behalf aid or an increase in aid is being requested, was born into an applicant’s or recipient’s family while the applicant’s or recipient’s family was receiving aid under the CalWORKs program. The bill would specify that an applicant or recipient is not entitled to an increased benefit payment for any month prior to January 1, 2016, as a result of the repeal of that exclusion or the enactment of that express prohibition. The bill would also prohibit the department from conditioning an applicant’s or recipient’s eligibility for aid on the applicant’s or recipient’s disclosure of information regarding rape, incest, or contraception, as specified, or the applicant’s or recipient’s use of contraception. +Existing law continuously appropriates moneys from the General Fund to defray a portion of county aid grant costs under the CalWORKs program. +This bill would declare that no appropriation would be made for purposes of the bill. +To the extent that this bill affects eligibility under the CalWORKs program, the bill would create a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 11270.5 to, and to repeal Section 11450.04 of, the Welfare and Institutions Code, relating to CalWORKs." +8,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7522.02 of the Government Code is amended to read: +7522.02. +(a) (1) Notwithstanding any other law, except as provided in this article, on and after January 1, 2013, this article shall apply to all state and local public retirement systems and to their participating employers, including the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Legislators’ Retirement System, the Judges’ Retirement System, the Judges’ Retirement System II, county and district retirement systems created pursuant to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3), independent public retirement systems, and to individual retirement plans offered by public employers. However, this article shall be subject to the Internal Revenue Code and Section 17 of Article XVI of the California Constitution. The administration of the requirements of this article shall comply with applicable provisions of the Internal Revenue Code and the Revenue and Taxation Code. +(2) Notwithstanding paragraph (1), this article shall not apply to the entities described in Section 9 of Article IX of, and Sections 4 and 5 of Article XI of, the California Constitution, except to the extent that these entities continue to be participating employers in any retirement system governed by state statute. Accordingly, any retirement plan approved before January 1, 2013, by the voters of any entity excluded from coverage by this section shall not be affected by this article. +(3) (A) Notwithstanding paragraph (1), this article shall not apply to a public employee whose interests are protected under Section 5333(b) of Title 49 of the United States Code until a federal district court rules that the United States Secretary of Labor, or his or her designee, erred in determining that the application of this article precludes certification under that section, or until January 1, 2016, whichever is sooner. +(B) If a federal district court upholds the determination of the United States Secretary of Labor, or his or her designee, that application of this article precludes him or her from providing a certification under Section 5333(b) of Title 49 of the United States Code, this article shall not apply to a public employee specified in subparagraph (A). +(4) Notwithstanding paragraph (1), this article shall not apply to a multiemployer plan authorized by Section 302(c)(5) of the federal Taft-Hartley Act (29 U.S.C. Sec. 186(c)(5)) if the public employer began participation in that plan prior to January 1, 2013, and the plan is regulated by the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.). +(b) The benefit plan required by this article shall apply to public employees who are new members as defined in Section 7522.04. +(c) (1) Individuals who were employed by any public employer before January 1, 2013, and who became employed by a subsequent public employer for the first time on or after January 1, 2013, shall be subject to the retirement plan that would have been available to employees of the subsequent employer who were first employed by the subsequent employer on or before December 31, 2012, if the individual was subject to concurrent membership for which creditable service was performed in the previous six months or reciprocity established under any of the following provisions: +(A) Article 5 (commencing with Section 20350) of Chapter 3 of Part 3 of Division 5 of Title 2. +(B) Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3. +(C) Any agreement between public retirement systems to provide reciprocity to members of the systems. +(D) Section 22115.2 of the Education Code. +(2) An individual who was employed before January 1, 2013, and who, without a separation from employment, changed employment positions and became subject to a different defined benefit plan in a different public retirement system offered by his or her employer shall be subject to that defined benefit plan as it would have been available to employees who were first employed on or before December 31, 2012. +(d) If a public employer, before January 1, 2013, offers a defined benefit pension plan that provides a defined benefit formula with a lower benefit factor at normal retirement age and results in a lower normal cost than the defined benefit formula required by this article, that employer may continue to offer that defined benefit formula instead of the defined benefit formula required by this article, and shall not be subject to the requirements of Section 7522.10 for pensionable compensation subject to that formula. However, if the employer adopts a new defined benefit formula on or after January 1, 2013, that formula must conform to the requirements of this article or must be determined and certified by the retirement system’s chief actuary and the retirement board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the defined benefit plan may only participate in the lower cost defined benefit formula that was in place before January 1, 2013, or a defined benefit formula that conforms to the requirements of this article or is approved by the Legislature as provided in this subdivision. +(e) If a public employer, before January 1, 2013, offers a retirement benefit plan that consists solely of a defined contribution plan, that employer may continue to offer that plan instead of the defined benefit pension plan required by this article. However, if the employer adopts a new defined benefit pension plan or defined benefit formula on or after January 1, 2013, that plan or formula must conform to the requirements of this article or must be determined and certified by the retirement system’s chief actuary and the system’s board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the employer’s plan may only participate in the defined contribution plan that was in place before January 1, 2013, or a defined contribution plan or defined benefit formula that conforms to the requirements of this article. This subdivision shall not be construed to prohibit an employer from offering a defined contribution plan on or after January 1, 2013, either with or without a defined benefit plan, whether or not the employer offered a defined contribution plan prior to that date. +(f) (1) If, on or after January 1, 2013, the Cities of Brea and Fullerton form a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5), that joint powers authority may provide employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of the City of Brea, the City of Fullerton, or a city described in paragraph (2) who is not a new member and subsequently is employed by the joint powers authority within 180 days of the city providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. +(2) On or before January 1, 2017, a city in Orange County that is contiguous to the City of Brea or the City of Fullerton may join the joint powers authority described in paragraph (1) but not more than three cities shall be permitted to join. +(3) The formation of a joint powers authority on or after January 1, 2013, shall not act in a manner as to exempt a new employee or a new member, as defined by Section 7522.04, from the requirements of this article. New members may only participate in a defined benefit plan or formula that conforms to the requirements of this article. +(g) (1) If, on or after January 1, 2013, the Belmont Fire Protection District, the Estero Municipal Improvement District, and the City of San Mateo form a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5), that joint powers authority may provide employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of the Belmont Fire Protection District, the Estero Municipal Improvement District, and the City of San Mateo who is not a new member and subsequently is employed by the joint powers authority within 180 days of the agency providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. +(2) The formation of a joint powers authority on or after January 1, 2013, shall not act in a manner as to exempt a new employee or a new member, as defined by Section 7522.04, from the requirements of this article. New members may only participate in a defined benefit plan or formula that conforms to the requirements of this article. +(h) The Judges’ Retirement System and the Judges’ Retirement System II shall not be required to adopt the defined benefit formula required by Section 7522.20 or 7522.25 or the compensation limitations defined in Section 7522.10. +(i) This article shall not be construed to provide membership in any public retirement system for an individual who would not otherwise be eligible for membership under that system’s applicable rules or laws. +(j) On and after January 1, 2013, each public retirement system shall modify its plan or plans to comply with the requirements of this article and may adopt regulations or resolutions for this purpose. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to clarify the benefit eligibility rules under the California Public Employees’ Pension Reform Act of 2013 and maintain the integrity of that act and further its purpose.","The California Public Employees’ Pension Reform Act of 2013 (PEPRA) requires a public retirement system, as defined, to modify its plan or plans to comply with the act and, among other provisions, establishes new retirement formulas that may not be exceeded by a public employer offering a defined benefit pension plan for employees first hired on or after January 1, 2013. Existing law, the Joint Exercise of Powers Act, generally authorizes 2 or more public agencies, by agreement, to jointly exercise any common power, which may include hiring employees and establishing retirement systems. PEPRA authorizes a joint powers authority formed by the Cities of Brea and Fullerton on or after January 1, 2013, to provide its employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of specified cities who is not a new member and subsequently is employed by the joint powers authority within 180 days of the city providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. +This bill would authorize a joint powers authority formed by the Belmont Fire Protection District, the Estero Municipal Improvement District, and the City of San Mateo on or after January 1, 2013, to provide employees who are not new members under PEPRA with the defined benefit plan or formula that was received by those employees from their respective employers on December 31, 2012, if they are employed by the joint powers authority within 180 days of the agency providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. The bill would prohibit the formation of a joint powers authority on or after January 1, 2013, in a manner that would exempt a new employee or a new member from the requirements of PEPRA. +This bill would make legislative findings and declarations as to the necessity of a special statute for the Belmont Fire Protection District, the Estero Municipal Improvement District, and the City of San Mateo.","An act to amend Section 7522.02 of the Government Code, relating to public employees’ retirement." +9,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 4.5 (commencing with Section 14400) is added to Division 7 of the Food and Agricultural Code, to read: +CHAPTER 4.5. Livestock: Use of Antimicrobial Drugs +14400. +For purposes of this chapter, the following definitions apply: +(a) “Medically important antimicrobial drug” means an antimicrobial drug listed in Appendix A of the federal Food and Drug Administration’s Guidance for Industry #152, including critically important, highly important, and important antimicrobial drugs, as that appendix may be amended. +(b) “Livestock” means all animals and poultry, including aquatic and amphibian species, that are raised, kept, or used for profit. Livestock does not include bees or those species that are usually kept as pets, such as dogs, cats, and pet birds. +(c) “Veterinary feed directive” has the same definition as in Section 558.3 of Title 21 of the Code of Federal Regulations. +14401. +Beginning January 1, 2018, a medically important antimicrobial drug shall not be administered to livestock unless ordered by a licensed veterinarian through a prescription or veterinary feed directive, pursuant to a veterinarian-client-patient relationship that meets the requirements of Section 2032.1 of Title 16 of the California Code of Regulations. +14402. +(a) Beginning January 1, 2018, a medically important antimicrobial drug may be used when, in the professional judgment of a licensed veterinarian, the medically important antimicrobial drug is any of the following: +(1) Necessary to treat a disease or infection. +(2) Necessary to control the spread of a disease or infection. +(3) Necessary in relation to surgery or a medical procedure. +(b) A medically important antimicrobial drug may also be used when, in the professional judgment of a licensed veterinarian, it is needed for prophylaxis to address an elevated risk of contraction of a particular disease or infection. +(c) A person shall not administer a medically important antimicrobial drug to livestock solely for purposes of promoting weight gain or improving feed efficiency. +(d) Unless the administration is consistent with subdivision (a), a person shall not administer a medically important antimicrobial drug in a regular pattern. +14403. +(a) Notwithstanding Sections 14401 and 14402 of this code and Article 15 (commencing with Section 4196) of Chapter 9 of Division 2 of the Business and Professions Code, medically important antimicrobial drugs may be sold by retailers licensed pursuant to Article 5 (commencing with Section 14321) of Chapter 4 of Division 7 with a prescription or veterinary feed directive from a licensed veterinarian. +(b) This section shall not be construed to invalidate the requirement to obtain a prescription or veterinary feed directive to administer a medically important antimicrobial drug as required by Section 14401. +(c) The department may promulgate regulations to implement this section. +14404. +(a) The department, in consultation with the Veterinary Medical Board, the State Department of Public Health, universities, and cooperative extensions, shall develop antimicrobial stewardship guidelines and best management practices for veterinarians, as well as livestock owners and their employees who are involved with administering medically important antimicrobial drugs, on the proper use of medically important antimicrobial drugs for disease treatment, control, and prevention. The guidelines shall include scientifically validated practical alternatives to the use of medically important antimicrobial drugs, including, but not limited to, the introduction of effective vaccines and good hygiene and management practices. +(b) The department shall consult with livestock producers, licensed veterinarians, and any other relevant stakeholders on ensuring livestock timely access to treatment for producers in rural areas with limited access to veterinary care. +(c) For purposes of this section, “antimicrobial stewardship” is a commitment to do all of the following: +(1) To use medically important antimicrobial drugs only when necessary to treat, control, and, in some cases, prevent, disease. +(2) To select the appropriate medically important antimicrobial drug and the appropriate dose, duration, and route of administration. +(3) To use medically important antimicrobial drugs for the shortest duration necessary and to administer them to the fewest animals necessary. +14405. +(a) It is the intent of the Legislature that the department coordinate with the United States Department of Agriculture, the federal Food and Drug Administration, and the federal Centers for Disease Control and Prevention to implement the expanded antimicrobial resistance surveillance efforts included in the National Action Plan for Combating Antibiotic-Resistant Bacteria, and that the information gathered through this effort will help lead to a better understanding of the links between antimicrobial use patterns in livestock and the development of antimicrobial resistant bacterial infections. +(b) (1) The department shall gather information on medically important antimicrobial drug sales and usage, as well as antimicrobial resistant bacteria and livestock management practice data. Monitoring efforts shall not be duplicative of the National Animal Health Monitoring System and the National Antimicrobial Resistance Monitoring System, and, to the extent feasible, the department shall coordinate with the United States Department of Agriculture, the federal Centers for Disease Control and Prevention, and the federal Food and Drug Administration in the development of these efforts. +(2) In coordinating with the National Animal Health Monitoring System and the National Antimicrobial Resistant Monitoring System, the department shall gather representative samples from all of the following: +(A) California’s major livestock segments. +(B) Regions with considerable livestock production. +(C) Representative segments of the food production chain. +(c) The department shall work with willing participants to gather samples and shall consult with, and conduct outreach to, livestock producers, licensed veterinarians, and any other relevant stakeholders on the implementation of the monitoring efforts. Participation in this effort shall be done in a manner that does not breach veterinary-client-patient confidentiality laws. +(d) (1) The department shall report to the Legislature by January 1, 2019, the results of its outreach activities and monitoring efforts. The department shall advise the Legislature as to whether or not participation is sufficient to provide statistically relevant data. The report shall be submitted in compliance with Section 9795 of the Government Code. +(2) This subdivision is inoperative on January 1, 2023, pursuant to Section 10231.5 of the Government Code. +(e) The department shall seek funds from federal, state, and other sources to implement this section. +(f) The department may promulgate regulations to implement this section. +14406. +The department has the authority to request and receive copies of veterinary feed directives from the livestock owner, veterinarian, or distributor to fully implement the provisions of this chapter. +14407. +Notwithstanding the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), any information provided pursuant to this chapter and Section 14902.5, if that section is added by Senate Bill 770 of the 2015–16 Regular Session of the Legislature, shall be held confidential, and shall not be disclosed to any person or governmental agency, other than the department or the Veterinary Medical Board, for the purposes of enforcing the Veterinary Medicine Practice Act (Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code), unless the data is aggregated to prevent the identification of an individual farm or business. Information may be shared with federal agencies so long as it is protected by the federal Confidential Information Protection and Statistical Efficiency Act of 2002 (Public Law 107-347). +14408. +(a) A person who violates this chapter shall be liable for a civil penalty of not more than two hundred and fifty dollars ($250) for each day a violation occurs. +(b) (1) For a second or subsequent violation, a person who violates this chapter shall be punishable by an administrative fine, levied by the secretary, in the amount of five hundred dollars ($500) for each day a violation occurs. +(2) In addition to the administrative fine, the violator shall attend an educational program on the judicious use of medically important antimicrobial drugs that has been approved by the secretary. The violator shall successfully complete the program and provide proof to the secretary within 90 days from the occurrence of the violation. +(c) Subdivisions (a) and (b) do not apply to licensed veterinarians. If the Veterinary Medical Board determines that a veterinarian is in violation of the Veterinary Medicine Practice Act (Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code), the veterinarian may be subject to disciplinary sanctions pursuant to the act. +(d) The moneys collected pursuant to this article shall be deposited into the Department of Food and Agriculture Fund and shall be available for expenditure upon appropriation by the Legislature. +SEC. 2. +The Legislature finds and declares that Section 1 of this act, which adds Section 14407 to the Food and Agricultural Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +In order to ensure the confidentiality of the information collected pursuant to this act and the integrity of that information for regulatory and enforcement purposes, it is necessary that this act take effect.","(1) Existing law regulates the distribution and use of livestock drugs, as defined, by the Secretary of Food and Agriculture. Existing law also requires a person to obtain a license from the secretary to manufacture, sell, distribute, or store commercial feed, including commercial feed containing drugs. +This bill would, beginning January 1, 2018, prohibit the administration of medically important antimicrobial drugs, as defined, to livestock unless ordered by a licensed veterinarian through a prescription or veterinary feed directive pursuant to a veterinarian-client-patient relationship, as specified, and would prohibit the administration of a medically important antimicrobial drug to livestock solely for purposes of promoting weight gain or improving feed efficiency. The bill would require the Department of Food and Agriculture, in consultation with the Veterinary Medical Board, the State Department of Public Health, universities, and cooperative extensions, to develop antimicrobial stewardship guidelines and best management practices on the proper use of medically important antimicrobial drugs and would require the department to gather information on medically important antimicrobial drug sales and usage, antimicrobial resistant bacteria, and livestock management practice data. The bill would require information provided pursuant to those provisions to be held confidential, as specified. The bill would authorize the department to request and receive copies of veterinary feed directives from certain persons to implement the bill’s provisions. The bill would make a first violation of the bill’s provisions subject to a civil penalty of up to $250 for each day a violation occurs, and would make second and subsequent violations subject to an administrative fine of $500 for each day a violation occurs, except as specified. +(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to add Chapter 4.5 (commencing with Section 14400) to Division 7 of the Food and Agricultural Code, relating to livestock." +10,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 13515.28 is added to the Penal Code, to read: +13515.28. +(a) (1) The commission shall require the field training officers who provide instruction in the field training program to have at least eight hours of crisis intervention behavioral health training to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability. This course shall include classroom instruction and instructor-led active learning, such as scenario-based training, and shall be taught in segments that are at least four hours long. +(2) If a field training officer has completed eight hours of crisis intervention behavioral health training within the past 24 months, or if a field training officer has completed 40 hours of crisis intervention behavioral health training, the requirement described in paragraph (1) shall not apply. +(b) The crisis intervention behavioral health training shall address issues relating to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics: +(1) The cause and nature of mental illnesses and intellectual disabilities. +(2) (A) How to identify indicators of mental illness, intellectual disability, and substance use disorders. +(B) How to distinguish between mental illness, intellectual disability, and substance use disorders. +(C) How to respond appropriately in a variety of situations involving persons with mental illness, intellectual disability, and substance use disorders. +(3) Conflict resolution and deescalation techniques for potentially dangerous situations. +(4) Appropriate language usage when interacting with potentially emotionally distressed persons. +(5) Community and state resources available to serve persons with mental illness or intellectual disability, and how these resources can be best utilized by law enforcement. +(6) The perspective of individuals or families who have experiences with persons with mental illness, intellectual disability, and substance use disorders. +(c) Field training officers assigned or appointed before January 1, 2017, shall complete the crisis intervention behavioral health training by June 30, 2017. Field training officers assigned or appointed on or after January 1, 2017, shall complete the crisis intervention behavioral health training within 180 days of assignment or appointment. +(d) This section does not prevent an agency from requiring its field training officers to complete additional hours of crisis intervention behavioral health training or requiring its field training officers to complete that training earlier than as required by this section. +SEC. 2. +Section 13515.29 is added to the Penal Code, to read: +13515.29. +(a) The commission shall establish and keep updated a field training officer course relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability. +(b) This course shall consist of at least four hours of classroom instruction and instructor-led active learning, such as scenario-based training, shall address issues related to stigma, and shall be culturally relevant and appropriate. +(c) All prospective field training officers shall complete the course described in subdivisions (a) and (b) as part of the existing field training officer program. +(d) The commission shall implement the provisions of this section on or before August 1, 2016. +SEC. 3. +Section 13515.295 is added to the Penal Code, to read: +13515.295. +(a) The commission shall, by May 1, 2016, conduct a review and evaluation of the required competencies of the field training program and police training program to identify areas where additional training is necessary to better prepare law enforcement officers to effectively address incidents involving persons with a mental illness or intellectual disability. +(b) Upon identifying what additional training is needed, the commission shall update the training in consultation with appropriate community, local, and state organizations, and agencies that have expertise in the area of mental illness, intellectual disabilities, and substance abuse disorders, and with appropriate consumer and family advocate groups. +(c) The training shall address issues related to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics: +(1) How to identify indicators of mental illness, intellectual disability, substance use disorders, neurological disorders, traumatic brain injury, post-traumatic stress disorder, and dementia. +(2) Autism spectrum disorder. +(3) Genetic disorders, including, but not limited to, Down syndrome. +(4) Conflict resolution and deescalation techniques for potentially dangerous situations. +(5) Alternatives to the use of force when interacting with potentially dangerous persons with mental illness or intellectual disabilities. +(6) The perspective of individuals or families who have experiences with persons with mental illness, intellectual disability, and substance use disorders. +(7) Involuntary holds. +(8) Community and state resources available to serve persons with mental illness or intellectual disability, and how these resources can be best utilized by law enforcement. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Existing law requires POST to include in its basic training course adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Existing law also requires POST to establish and keep updated a continuing education classroom training course relating to law enforcement interaction with developmentally disabled and mentally ill persons. +This bill would require POST to require field training officers who are instructors for the field training program to have at least 8 hours of crisis intervention behavioral health training, as specified. The bill would also require POST to require as part of its existing field training officer course, at least 4 hours of training relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability, to be completed as specified. +By requiring local law enforcement field training officers to have at least 8 additional hours of training and imposing additional training costs on local law enforcement agencies, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Sections 13515.28, 13515.29, and 13515.295 to the Penal Code, relating to peace officer training standards." +11,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) Existing federal law (42 U.S.C. Sec. 1396p) requires state Medicaid programs to seek reimbursement from the estates of deceased Medicaid beneficiaries, or from any recipient of the decedent’s property by distribution or survival, for Medicaid paid services received on or after 55 years of age, unless specific exemptions or other limitations apply. +(2) Federal law requires states to collect for long-term services and supports for individuals 55 years of age or older, and gives states the option to collect for other health care services. +(3) Federal law permits states to collect from the surviving spouse of a Medi-Cal beneficiary, but does not require collection upon the passing of a spouse of a deceased Medi-Cal beneficiary. +(4) Federal law defines “estate” for purposes of estate recovery to include all real and personal property and other assets included within the individual’s estate, as defined for purposes of state probate law, and permits states to have a broader definition of estate. +(5) The State Medicaid Manual allows states to establish an undue hardship exemption from estate recovery for a homestead of “modest value,” defined as a home valued at 50 percent or less of the average price of homes in the county where the homestead is located as of the date of the beneficiary’s death. +(6) Estate recovery is unfair to low-income individuals who need Medi-Cal for basic health care coverage, is a deterrent to signing individuals up for Medi-Cal, and is counter to both state and federal efforts to enroll individuals into health care coverage. +(7) By recovering for health care services beyond what is required by federal law, California forces low-income individuals 55 years of age or older to choose between signing up for basic health care services and passing on their home and other limited assets they possess to their children. +(8) California’s estate recovery program undermines the idea of Medi-Cal as a health care entitlement program by essentially turning Medi-Cal coverage for basic medical services into a loan program, with collection taking place at death. +(9) Estate recovery unfairly places part of the burden of financing the cost of health care in Medi-Cal on the estates of deceased Medi-Cal beneficiaries with limited assets. +(10) Estate recovery is inequitable as other social and health care programs, such as tax-subsidized coverage through the California Health Benefit Exchange, commonly referred to as Covered California, and the broadly financed federal Medicare program, do not have estate recovery. +(11) California does not adequately inform individuals on how to obtain information on the amounts that will be collected from their estate, and charges individuals $25 to find out how much Medi-Cal has spent on their behalf. +(b) It is the intent of the Legislature, with the enactment of this act, to do all of the following: +(1) Limit Medi-Cal estate recovery to only those services required to be collected for under federal law. +(2) Limit the definition of “estate” to include only the real and personal property and other assets required to be included within the definition of “estate” under federal law. +(3) Require the State Department of Health Care Services to implement the option in the State Medicaid Manual to waive its claim, as a substantial hardship, when the estate, subject to recovery, is a homestead of modest value. +(4) Prohibit recovery from the surviving spouse of a deceased Medi-Cal beneficiary. +(5) Ensure that Medi-Cal beneficiaries can easily and timely receive information about how much their estate will owe Medi-Cal when they die. +SEC. 2. +Section 14009.5 of the Welfare and Institutions Code is amended to read: +14009.5. +(a) Notwithstanding any other provision of this chapter, the department shall claim against the estate of the decedent, or against any recipient of the property of that decedent by distribution an amount equal to the payments for the health care services received or the value of the property received by any recipient from the decedent by distribution, whichever is less, only in either of the following circumstances: +(1) Notwithstanding paragraph (2), against the real property of a decedent who was an inpatient in a nursing facility in accordance with Section 1396p(b)(1)(A) of Title 42 of the United States Code. +(2) (A) The decedent was 55 years of age or older when the individual received health care services. +(B) The department shall not claim under this paragraph when there is any of the following: +(i) A surviving spouse. +(ii) A surviving child who is under 21 years of age. +(iii) A surviving child who is blind or permanently and totally disabled, within the meaning of Section 1614 of the federal Social Security Act (42 U.S.C. Sec. 1382c). +(b) (1) The department shall waive its claim, in whole or in part, if it determines that enforcement of the claim would result in substantial hardship to other dependents, heirs, or survivors of the individual against whose estate the claim exists. +(2) In determining the existence of substantial hardship, in addition to other factors considered by the department consistent with federal law and guidance, the department shall waive its claim when the estate subject to recovery is a homestead of modest value. +(3) The department shall notify individuals of the waiver provision and the opportunity for a hearing to establish that a waiver should be granted. +(c) If the department proposes and accepts a voluntary postdeath lien, the voluntary postdeath lien shall accrue interest at the rate equal to the +monthly average received +annual average rate earned +on investments in the Surplus Money Investment Fund +in the calendar year preceding the year in which the decedent died +or simple interest at 7 percent per annum, whichever is lower. +(d) (1) The department shall provide a current or former beneficiary, or his or her authorized representative designated under Section 14014.5, upon request, with the total amount of Medi-Cal expenses that have been paid on behalf of that beneficiary that would be recoverable under this section. +(2) A current or former beneficiary, or his or her authorized representative designated under Section 14014.5, shall receive, upon request, a copy of the information requested pursuant to this subdivision once per calendar year for a reasonable fee not to exceed five dollars ($5) if the current or former beneficiary meets either of the following descriptions: +(A) An individual who is 55 years of age or older when the individual received health care services. +(B) A permanently institutionalized individual who is an inpatient in a nursing facility, intermediate care facility for the intellectually disabled, or other medical institution. +(3) The department shall permit a beneficiary to request the information described in paragraph (1) through the Internet, by telephone, by mail, or through other commonly available electronic means. +(4) The department shall conspicuously post on its Internet Web site, a description of the methods by which a request under this subdivision may be made, including, but not limited to, the department’s telephone number and any addresses that may be used for this purpose. The department shall also include this information in its pamphlet for the Medi-Cal Estate Recovery Program and any other notices the department distributes to beneficiaries regarding estate recovery. +(5) Upon receiving a request for the information described in paragraph (1), the department shall provide the information requested within 90 days after receipt of the request. +(e) The following definitions shall govern the construction of this section: +(1) “Decedent” means a beneficiary who has received health care under this chapter or Chapter 8 (commencing with Section 14200) and who has died leaving property to others +either +through +distribution or survival. +distribution. +(2) “Dependents” includes, but is not limited to, immediate family or blood relatives of the decedent. +(3) “Estate” means all real and personal property and other assets that are required to be subject to a claim for recovery pursuant to Section 1396p(b)(4)(A) of Title 42 of the United States Code. “Estate” shall not include any other real and personal property or other assets in which the individual had any legal title or interest at the time of death, to the extent of that interest, consistent with Section 1396p(b)(4)(B) of Title 42 of the United States Code. +(4) “Health care services” means only those services required to be recovered under Section 1396p(b)(1)(B)(i) of Title 42 of the United States Code. +(5) “Homestead of modest value” means a home whose fair market value is 50 percent or less of the average price of homes in the county where the homestead is located, as of the date of the decedent’s death. +(f) The amendments made to this section by the act that added this subdivision shall apply only to individuals who die on or after January 1, 2016.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. +Existing federal law requires the state to seek adjustment or recovery from an individual’s estate for specified medical assistance, including nursing facility services, home and community-based services, and related hospital and prescription drug services, if the individual was 55 years of age or older when he or she received the medical assistance. Existing federal law allows the state, at its own option, to seek recovery for any items or services covered under the state’s Medicaid plan. +Existing state law, with certain exceptions, requires the department to claim against the estate of a decedent, or against any recipient of the property of that decedent by distribution or survival, an amount equal to the payments for Medi-Cal services received or the value of the property received by any recipient from the decedent by distribution or survival, whichever is less. Existing law provides for certain exemptions that restrict the department from filing a claim against a decedent’s property, including when there is a surviving spouse during his or her lifetime. Existing law requires the department, however, to make a claim upon the death of the surviving spouse, as prescribed. Existing law requires the department to waive its claim, in whole or in part, if it determines that enforcement of the claim would result in a substantial hardship, as specified. Existing law, which has been held invalid by existing case law, provides that the exemptions shall only apply to the proportionate share of the decedent’s estate or property that passes to those recipients, by survival or distribution, who qualify for the exemptions. +This bill would instead require the department to make these claims only in specified circumstances for those health care services that the state is required to recover under federal law, and would define health care services for these purposes. The bill would limit any claims against the estate of a decedent to only the real and personal property or other assets the state is required to seek recovery from under federal law. The bill would delete the proportionate share provision and would delete the requirement that the department make a claim upon the death of the surviving spouse. The bill would require the department to waive its claim when the estate subject to recovery is a homestead of modest value, as defined. The bill would limit the amount of interest that is entitled to accrue on a voluntary postdeath lien, as specified. The bill would also require the department to provide a current or former beneficiary, or his or her authorized representative, upon request, with the total amount of Medi-Cal expenses that have been paid on his or her behalf that would be recoverable under these provisions, as specified. The bill would apply the changes made by these provisions only to individuals who die on or after January 1, 2016.","An act to amend Section 14009.5 of the Welfare and Institutions Code, relating to Medi-Cal." +12,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 5205.5 of the Vehicle Code is amended to read: +5205.5. +(a) For purposes of implementing Section 21655.9, the department shall make available for issuance, for a fee determined by the department to be sufficient to reimburse the department for the actual costs incurred pursuant to this section, distinctive decals, labels, and other identifiers that clearly distinguish the following vehicles from other vehicles: +(1) A vehicle that meets California’s super ultra-low emission vehicle (SULEV) standard for exhaust emissions and the federal inherently low-emission vehicle (ILEV) evaporative emission standard, as defined in Part 88 (commencing with Section 88.101-94) of Title 40 of the Code of Federal Regulations. +(2) A vehicle that was produced during the 2004 model-year or earlier and meets California’s ultra-low emission vehicle (ULEV) standard for exhaust emissions and the federal ILEV standard. +(3) A vehicle that meets California’s enhanced advanced technology partial zero-emission vehicle (enhanced AT PZEV) standard or transitional zero-emission vehicle (TZEV) standard. +(b) The department shall include a summary of the provisions of this section on each motor vehicle registration renewal notice, or on a separate insert, if space is available and the summary can be included without incurring additional printing or postage costs. +(c) The Department of Transportation shall remove individual HOV lanes, or portions of those lanes, during periods of peak congestion from the access provisions provided in subdivision (a), following a finding by the Department of Transportation as follows: +(1) The lane, or portion thereof, exceeds a level of service C, as discussed in subdivision (b) of Section 65089 of the Government Code. +(2) The operation or projected operation of the vehicles described in subdivision (a) in these lanes, or portions thereof, will significantly increase congestion. +(3) The finding shall also demonstrate the infeasibility of alleviating the congestion by other means, including, but not limited to, reducing the use of the lane by noneligible vehicles or further increasing vehicle occupancy. +(d) The State Air Resources Board shall publish and maintain a listing of all vehicles eligible for participation in the programs described in this section. The board shall provide that listing to the department. +(e) (1) For purposes of subdivision (a), the Department of the California Highway Patrol and the department, in consultation with the Department of Transportation, shall design and specify the placement of the decal, label, or other identifier on the vehicle. Each decal, label, or other identifier issued for a vehicle shall display a unique number, which number shall be printed on, or affixed to, the vehicle registration. +(2) Decals, labels, or other identifiers designed pursuant to this subdivision for a vehicle described in paragraph (3) of subdivision (a) shall be distinguishable from the decals, labels, or other identifiers that are designed for vehicles described in paragraphs (1) and (2) of subdivision (a). +(f) (1) Except as provided in paragraph (2), for purposes of paragraph (3) of subdivision (a), the department shall issue no more than +_____ +85,000 +distinctive decals, labels, or other identifiers that clearly distinguish a vehicle specified in paragraph (3) of subdivision (a). +(2) The department may issue a decal, label, or other identifier for a vehicle that satisfies all of the following conditions: +(A) The vehicle is of a type identified in paragraph (3) of subdivision (a). +(B) The owner of the vehicle is the owner of a vehicle for which a decal, label, or other identifier described in paragraph (1) was previously issued and that vehicle for which the decal, label, or other identifier was previously issued is determined by the department, on the basis of satisfactory proof submitted by the owner to the department, to be a nonrepairable vehicle or a total loss salvage vehicle. +(C) The owner of the vehicle applied for a decal, label, or other identifier pursuant to this paragraph within six months of the date on which the vehicle for which a decal, label, or other identifier was previously issued is declared to be a nonrepairable vehicle or a total loss salvage vehicle. +(g) If the Metropolitan Transportation Commission, serving as the Bay Area Toll Authority, grants toll-free and reduced-rate passage on toll bridges under its jurisdiction to a vehicle pursuant to Section 30102.5 of the Streets and Highways Code, it shall also grant the same toll-free and reduced-rate passage to a vehicle displaying an identifier issued by the department pursuant to paragraph (1) or (2) of subdivision (a). +(h) (1) Notwithstanding Section 21655.9, and except as provided in paragraph (2), a vehicle described in subdivision (a) that displays a decal, label, or identifier issued pursuant to this section shall be granted a toll-free or reduced-rate passage in high-occupancy toll lanes as described in Section 149.7 of the Streets and Highways Code unless prohibited by federal law. +(2) (A) Paragraph (1) does not apply to the imposition of a toll imposed for passage on a toll road or toll highway, that is not a high-occupancy toll lane as described in Section 149.7 of the Streets and Highways Code. +(B) On or before March 1, 2014, paragraph (1) does not apply to the imposition of a toll imposed for passage in lanes designated for tolls pursuant to the federally supported value pricing and transit development demonstration program operated pursuant to Section 149.9 of the Streets and Highways Code for State Highway Route 10 or 110. +(C) Paragraph (1) does not apply to the imposition of a toll charged for crossing a state-owned bridge. +(i) If the Director of Transportation determines that federal law does not authorize the state to allow vehicles that are identified by distinctive decals, labels, or other identifiers on vehicles described in subdivision (a) to use highway lanes or highway access ramps for high-occupancy vehicles regardless of vehicle occupancy, the Director of Transportation shall submit a notice of that determination to the Secretary of State. +(j) This section shall become inoperative on January 1, 2019, or the date the federal authorization pursuant to Section 166 of Title 23 of the United States Code expires, or the date the Secretary of State receives the notice described in subdivision (i), whichever occurs first, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 2. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to ensure, at the earliest possible time, that new owners of certain qualifying clean alternative fuel vehicles will be eligible for participation in the program, and to provide long-term incentives for consumers of clean alternative fuel vehicles, it is necessary that this act take effect immediately.","Existing federal law, until September 30, 2017, authorizes a state to allow specified labeled vehicles to use lanes designated for high-occupancy vehicles (HOVs). +Existing law authorizes the Department of Transportation to designate certain lanes for the exclusive use of HOVs. Under existing law, until January 1, 2019, or until federal authorization expires, or until the Secretary of State receives a specified notice, those lanes may be used by certain vehicles not carrying the requisite number of passengers otherwise required for the use of an HOV lane, if the vehicle displays a valid identifier issued by the Department of Motor Vehicles (DMV). +Until January 1, 2015, existing law authorizes the DMV to issue no more than 55,000 of those identifiers. On and after January 1, 2015, existing +Existing +law authorizes the DMV to issue no more than 70,000 of those identifiers. +This bill would increase the number of those identifiers that the DMV is authorized to issue to +an unspecified amount. +85,000. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 5205.5 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately." +13,"The people of the State of California do enact as follows: + + +SECTION 1. +This act is known, and may be cited as, The 2024 Olympic Games and Paralympic Games Act. +SEC. 2. +For purposes of this act: +(a) “Applicant committee agreement” means agreements to be entered into between the Organizing Committee for the Olympic Games (OCOG) and the United States Olympic Committee (USOC) if, and upon, the USOC’s selection of the City of Los Angeles or the City and County of San Francisco as the official United States candidate city. +(b) “Bid committee agreement” means agreements entered into between the OCOG and the USOC governing the OCOG and the bid process. +(c) “Endorsing municipality” means the City of Los Angeles or the City and County of San Francisco which has authorized a bid by a OCOG for selection of the municipality as the site of the Olympic Games and Paralympic Games. +(d) “Games” means the 2024 Olympic Games. +(e) “Games support contract” means a joinder undertaking, a joinder agreement, or a similar contract executed by the Governor and containing terms permitted or required by this act. +(f) “Joinder agreement” means an agreement entered into by: +(1) The Governor, on behalf of this state, and a site selection organization setting out representations and assurances by the state in connection with the selection of a site in this state for the location of the games. +(2) The endorsing municipality and a site selection organization setting out representations and assurances by the endorsing municipality in connection with the selection of a site in this state for the location of the games. +(g) “Joinder undertaking” means an agreement entered into by: +(1) The Governor, on behalf of this state, and a site selection organization that the state will execute a joinder agreement in the event that the site selection organization selects a site in this state for the games. +(2) The endorsing municipality and a site selection organization that the endorsing municipality will execute a joinder agreement in the event that the site selection organization selects a site in this state for the games. +(h) “OCOG” means a nonprofit corporation, or its successor in interest, that: +(1) Has been authorized by the endorsing municipality to pursue an application and bid on the applicant’s behalf to a site selection organization for selection as the site for the games. +(2) With the authorization of the endorsing municipality, has executed the bid committee agreement with a site selection organization regarding a bid to host the games. +(i) “Site selection organization” means the United States Olympic Committee, the International Olympic Committee, the International Paralympic Committee, all three or some combination, as applicable. +SEC. 3. +The Legislature finds and declares all of the following: +(a) The purpose of this act is to provide assurances required by a site selection organization sponsoring the games. +(b) Hosting the games in California is expected to generate billions of dollars for the state’s economy. The endorsing municipality has developed a self-sufficient bid for financing games that is based on realistic and conservative revenue scenarios and has budgeted sufficient funds to reimburse security and other service costs provided by local regional governments during the games. +(c) The endorsing municipality plans to host an environmentally responsible games; has committed to sports and recreational opportunities for young people throughout each area by planning to generate a legacy for youth programs and other sports purposes in California with excess revenues from the games; and plans to develop and implement a unique and broad-based, statewide cultural program. +(d) The endorsing municipality has involved athletes, sports professionals, environmentalists, business and financial experts, nonprofit organizations, youth service leaders, and individuals who represent the entire diversity of area in its bid and board of directors. +(e) The USOC requires that all bid states, bid cities, and bid committees execute certain agreements including the joinder undertaking, which joinder undertaking must be executed on or before ____. +(f) The endorsing municipality expects that if it is chosen as the host city, and once the games have concluded, there will be net revenue exceeding expenses that can be devoted to legacy programs for youth and citizens of California. +SEC. 4. +(a) The Governor may agree, in accordance with law and subject to Sections 5 and 6 of this act, in a joinder undertaking entered into with a site selection organization that: +(1) The Governor shall execute a joinder agreement if the site selection organization selects a site in this state for the games. +(2) The state shall refrain, during the period, or any portion thereof, between the execution of the joinder undertaking and award by the International Olympic Committee (IOC) of the games to a host city, from becoming a party to or approving or consenting to any act, contract, commitment, or other action contrary to, or which might affect, any of the obligations stipulated in the joinder agreement. +(3) The Governor may agree that any dispute in connection with the joinder undertaking arising during the period between the execution of the joinder undertaking and the IOC’s award of the games to a host city shall be definitively settled as provided in the bid committee agreement. +(b) The Governor may agree in a joinder agreement that the state shall, in accordance with law and subject to Sections 5 and 6 of this act, do the following: +(1) Provide or cause to be provided any or all of the state government funding, facilities, and other resources specified in the OCOG’s bid to host the games. +(2) The state will be liable, solely by means of the funding mechanism established by Sections 5 and 6 of this act, for: +(A) Obligations of the OCOG to a site selection organization, including obligations indemnifying the site selection organization against claims of and liabilities to third parties arising out of or relating to the games. +(B) Any financial deficit relating to the OCOG or the games. +(3) The state’s liability shall not exceed the amount of funds appropriated to the Olympic Games Trust Fund established in Section 5 of this act. Any liability above this amount shall be the responsibility of the OCOG. +(4) Acknowledge that the OCOG will be bound by a series of agreements with the site selection organization as set forth in the joinder agreement. +(C) The Governor shall execute a joinder undertaking and a joinder agreement, provided the parties conform with this act. +(D) A games support contract may contain any additional provisions the Governor requires in order to carry out the purposes of this act. +SEC. 5. +(a) There is hereby established in the State Treasury a special fund to be known as the “Olympic Games Trust Fund.” +(b) The state may choose to fund the Olympic Games Trust Fund in any manner it considers appropriate, and at the time or times the state determines necessary. It is the intent of the Legislature that the funding mechanism for the fund shall be determined on or about the time of the selection of the endorsing municipality as the host city by the International Olympic and Paralympic Committees. +(c) The funds in the trust fund may be used only for the sole purpose of fulfilling the obligations of the state under a games support contract to provide adequate security as described in Section 6. +(d) No additional state funds shall be deposited into the Olympic Games Trust Fund once the Director of Finance determines that the account has achieved, or is reasonably expected to otherwise accrue, a sufficient balance to provide adequate security, acceptable to the site selection organization, to demonstrate the state’s ability to fulfill its obligations under a games support contract, or any other agreement, to indemnify and insure up to two hundred fifty million dollars ($250,000,000) of any net financial deficit and general liability resulting from the conduct of the games. +(e) If the endorsing municipality is selected by the site selection organization as the host city for the games, the Olympic Games Trust Fund shall be maintained until a determination by the Department of Finance is made that the state’s obligations under a games support contract, or any other agreement, to indemnify and insure against any net financial deficit and general liability resulting from the conduct of the games are satisfied and concluded, at which time the trust fund shall be terminated. If the endorsing municipality in the State of California is not selected by the United States Olympic Committee as the United States candidate city to host the games, or if the endorsing municipality is not selected by the IOC as the host city for the games, the Olympic Games Trust Fund shall be immediately terminated. +(f) Upon the termination of the Olympic Games Trust Fund, all sums earmarked, transferred, or contained in the fund, along with any investment earnings retained in the fund, shall immediately revert to the General Fund. +SEC. 6. +(a) Any moneys deposited, transferred, or otherwise contained in the Olympic Games Trust Fund established in Section 5 shall be, upon appropriation by the Legislature, used for the sole purpose of obtaining adequate security, acceptable to the United States Olympic Committee and the International Olympic and Paralympic Committees, to demonstrate the state’s ability to fulfill its obligations under a games support contract to indemnify and insure up to two hundred fifty million dollars ($250,000,000) of any general liability and net financial deficit resulting from the conduct of the games. The security may be provided by moneys contained in the trust fund as provided in Section 5 of this act, or by insurance coverage, letters of credit, or other acceptable secured instruments purchased or secured by the moneys, or by any combination thereof. In no event may the liability of the state under all games support contracts, any other agreements related to the conduct of the games, and all financial obligations of the state otherwise arising under this act, exceed two hundred fifty million dollars ($250,000,000) in the aggregate. +(b) Obligations authorized by this act shall be payable solely from the Olympic Games Trust Fund. Neither the full faith and credit nor the taxing power of the state are or may be pledged for any payment under any obligation authorized by this act. +SEC. 7. +The state shall be the payer of last resort with regard to any net financial deficit as defined in this act. The security provided pursuant to this act may not be accessed to cover any general liability and net financial deficit indemnified by the state under the games support contract until: +(a) The security provided by the OCOG is fully expended and exhausted. +(b) Any security provided by any other person or entity is fully expended and exhausted. +(c) The limits of available insurance policies covering any general liability obligation and the net financial deficit, or any expense or liability used in determining the net financial deficit, have been fully expended and exhausted. +(d) Payment has been sought by the OCOG from all third parties owing moneys or otherwise liable to the OCOG. +SEC. 8. +The OCOG shall list the state as an additional insured on any policy of insurance purchased by the OCOG to be in effect in connection with the preparation for and conduct of the games. +SEC. 9. +The OCOG may not engage in any conduct that reflects unfavorably upon this state, the endorsing municipality, or the games, or that is contrary to law or to the rules and regulations of the United States Olympic Committee and the International Olympic and Paralympic Committees. +SEC. 10. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to meet deadlines for the bid process for the 2024 Olympic Games, it is necessary that this act go into immediate effect.","Existing law provides specified requirements in awarding certain public contracts. +This bill would authorize the Governor to sign agreements required by the United States Olympic Committee as part of the bid process for the City of Los Angeles or the City and County of San Francisco to become the United States applicant city and candidate city for the 2024 Olympic Games and Paralympic Games. +This bill would make legislative findings and declarations that, among other things, the endorsing municipality, as defined, has developed a self-sufficient bid for financing the games. This bill would authorize the Governor to enter into an agreement for the state to be jointly liable, not to exceed a specified amount, with the Organizing Committee for the Olympic Games (OCOG), as specified, for obligations of the OCOG, and for any financial deficit relating to the games, as provided. +This bill would declare that it is to take effect immediately as an urgency statute.","An act relating to public contracts, and declaring the urgency thereof, to take effect immediately." +14,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 2.6 (commencing with Section 66010.96) is added to Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, to read: +Article 2.6. Office of Higher Education Performance and Accountability +66010.96. +(a) The Office of Higher Education Performance and Accountability is hereby established as the statewide postsecondary education coordination and planning entity. The office shall be established in state government within the Governor’s office, and shall be under the direct control of an executive director. +(b) The Governor shall appoint the Executive Director of the Office of Higher Education Performance and Accountability, who shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the office, including contracting for professional or consulting services in connection with the work of the office. The appointment of the executive director shall be subject to confirmation by the affirmative vote of a majority of the membership of the Senate. The executive director shall appoint persons to any staff positions the Governor may authorize. +(c) The Governor may appoint the executive director at a salary that shall be fixed pursuant to Section 12001 of the Government Code. +(d) (1) An advisory board is hereby established for the purpose of examining and making recommendations to the office regarding the functions and operations of the office and reviewing and commenting on any recommendations made by the office to the Governor and the Legislature. +(2) The advisory board shall consist of the Chair of the Senate Committee on Education and the Chair of the Assembly Committee on Higher Education, who shall serve as ex officio members, and six public members with experience in postsecondary education, appointed to terms of four years as follows: +(A) Three members of the advisory board shall be appointed by the Senate Committee on Rules. +(B) Three members of the advisory board shall be appointed by the Speaker of the Assembly. +(3) The office shall actively seek input from, and consult with, the advisory board regarding its functions, operations and recommendations, and provide the advisory board with sufficient time to review and comment. +(4) Advisory board meetings shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). Advisory board materials shall be posted on the Internet. +(5) The advisory board shall meet at least quarterly, and shall appoint one of its members to represent the board for purposes of communicating with the Legislature. +(6) The advisory board shall be responsible for developing an independent annual report on the condition of higher education in California. +(7) The advisory board shall be responsible for issuing an annual review of the performance of the Executive Director of the Office of Higher Education Performance and Accountability. +(8) Members of the advisory board shall serve without compensation, but shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties as board members. +(e) The office shall consult with the higher education segments and stakeholders, as appropriate, in the conduct of its duties and responsibilities. For purposes of this subsection, higher education segments shall have the same meaning as in Section 66010.95, and higher education stakeholders shall include, but not necessarily be limited to, postsecondary faculty and students, K–12 representatives, and representatives of the business community. +66010.962. +The Office of Higher Education Performance and Accountability shall exist for the purpose of advising the Governor, the Legislature, and other appropriate governmental officials and institutions of postsecondary education. The office shall have the following functions and responsibilities in its capacity as the statewide postsecondary education planning and coordinating agency and advisor to the Legislature and the Governor: +(a) It shall, through its use of information and its analytic capacity, inform the identification and periodic revision of state goals and priorities for higher education in a manner that is consistent with the goals outlined in Section 66010.91 and takes into consideration the metrics outlined in Sections 89295 and 92675. It shall, biennially, interpret and evaluate both statewide and institutional performance in relation to these goals and priorities. +(b) It shall review and make recommendations, as necessary, regarding cross-segmental and interagency initiatives and programs in areas that may include, but are not necessarily limited to, efficiencies in instructional delivery, financial aid, transfer, and workforce coordination. +(c) It shall advise the Legislature and the Governor regarding the need for, and the location of, new institutions and campuses of public higher education. +(d) It shall review proposals by the public segments for new programs, the priorities that guide the public segments, and the degree of coordination between those segments and nearby public, independent, and private postsecondary educational institutions, and shall make recommendations regarding those proposals to the Legislature and the Governor. +(e) (1) It shall act as a clearinghouse for postsecondary education information and as a primary source of information for the Legislature, the Governor, and other agencies. It shall develop and maintain a comprehensive database that does all of the following: +(A) Ensures comparability of data from diverse sources. +(B) Supports longitudinal studies of individual students as they progress through the state’s postsecondary educational institutions through the use of a unique student identifier. +(C) Maintains compatibility with California School Information Services and the student information systems developed and maintained by the public segments of higher education, as appropriate. +(D) Provides Internet access to data, as appropriate, to the sectors of higher education. +(E) Provides each of the educational segments access to the data made available to the commission for purposes of the database, in order to support, most efficiently and effectively, statewide, segmental, and individual campus educational research information needs. +(2) The office, in implementing paragraph (1), shall comply with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) as it relates to the disclosure of personally identifiable information concerning students. +(3) The office may not make available any personally identifiable information received from a postsecondary educational institution concerning students for any regulatory purpose unless the institution has authorized the office to provide that information on behalf of the institution. +(4) The office shall, following consultation with, and receipt of a recommendation from, the advisory board, provide 30-day notification to the chairpersons of the appropriate policy and budget committees of the Legislature, to the Director of Finance, and to the Governor before making any significant changes to the student information contained in the database. +(f) It shall review all proposals for changes in eligibility pools for admission to public institutions and segments of postsecondary education, and shall make recommendations regarding those proposals to the Legislature, the Governor, and institutions of postsecondary education. In carrying out this subdivision, the office periodically shall conduct a study of the percentages of California public high school graduates estimated to be eligible for admission to the University of California and the California State University. +(g) It shall submit reports to the Legislature in compliance with Section 9795 of the Government Code. +(h) It shall manage data systems and maintain programmatic, policy, and fiscal expertise to receive and aggregate information reported by the institutions of higher education in this state. +66010.964. +Notwithstanding any other law, the office is authorized to require the governing boards and the institutions of public postsecondary education to submit data to the office on plans and programs, costs, selection and retention of students, enrollments, plant capacities, and other matters pertinent to effective planning, policy development, and articulation and coordination. The office shall furnish information concerning these matters to the Governor and to the Legislature as requested by them. +66010.967. +(a) On or before December 31 of each year, the office shall report to the Legislature and the Governor regarding its progress in achieving the objectives and responsibilities set forth in subdivision (a) of Section 66010.962. +(b) On or before January 1, 2020, the Legislative Analyst’s Office shall review and report to the Legislature regarding the performance of the office in fulfilling its functions and responsibilities as outlined in Section 66010.962. +(c) This article shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 public segments of postsecondary education in this state. +Existing law states the intent of the Legislature that budget and policy decisions regarding postsecondary education generally adhere to 3 specified goals and that appropriate metrics be identified, defined, and formally adopted, based upon metrics recommended by a working group, to monitor progress toward the achievement of the goals. +Existing law establishes the California Postsecondary Education Commission (CPEC) as the statewide postsecondary education coordinating and planning agency, and provides for its functions and responsibilities. Existing law also provides for the composition of CPEC’s membership. The annual state Budget Acts from the 2011–12 fiscal year to the 2015–16 fiscal year, inclusive, have provided no funding for CPEC. +This bill would establish the Office of Higher Education Performance and Accountability as the statewide postsecondary education coordination and planning entity. The bill would provide for the appointment by the Governor, subject to confirmation by a majority of the membership of the Senate, of an executive director of the office. The bill would establish an 8-member advisory board for the purpose of examining, and making recommendations to, the office regarding the functions and operations of the office and reviewing and commenting on any recommendations made by the office to the Governor and the Legislature, among other specified duties. +The bill would specify the functions and responsibilities of the office, which would include, among other things, participation, as specified, in the identification and periodic revision of state goals and priorities for higher education, reviewing and making recommendations regarding cross-segmental and interagency initiatives and programs, advising the Legislature and the Governor regarding the need for, and the location of, new institutions and campuses of public higher education, acting as a clearinghouse for postsecondary education information and as a primary source of information for the Legislature, the Governor, and other agencies, and reviewing all proposals for changes in eligibility pools for admission to public institutions and segments of postsecondary education. +The bill would authorize the office to require the governing boards and institutions of public postsecondary education to submit data to the office on plans and programs, costs, selection and retention of students, enrollments, plant capacities, and other matters pertinent to effective planning, policy development, and articulation and coordination. To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program. +The bill would require the office to report to the Legislature and the Governor on or before December 31 of each year regarding its progress in achieving specified objectives and responsibilities. +The bill would repeal these provisions on January 1, 2021. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add and repeal Article 2.6 (commencing with Section 66010.96) of Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, relating to postsecondary education." +15,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 89003 is added to the Government Code, to read: +89003. +(a) A mass mailing shall not be sent within the 90 days preceding an election by or on behalf of a candidate whose name will appear on the ballot at that election for a city, county, or special district elective office. +(b) For purposes of this section, “mass mailing” means a mass mailing, as defined by Section 82041.5, that meets the criteria of subdivision (a) of Section 18901 of Title 2 of the California Code of Regulations and, pursuant to subdivision (b) of Section 18901 of Title 2 of the California Code of Regulations, is not prohibited by Section 89001. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 3. +The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. +SECTION 1. +Section 14000 of the +Unemployment Insurance Code +is amended to read: +14000. +(a)The Legislature finds and declares that, in order for California to remain prosperous and globally competitive, it needs to have a well-educated and highly skilled workforce. +(b)The Legislature finds and declares that the following principles shall guide the state’s workforce investment system: +(1)Workforce investment programs and services shall be responsive to the needs of employers, workers, and students by accomplishing the following: +(A)Preparing California’s students and workers with the skills necessary to successfully compete in the global economy. +(B)Producing greater numbers of individuals who obtain industry-recognized certificates and degrees in competitive and emerging industry sectors and filling critical labor market skills gaps. +(C)Adapting to rapidly changing local and regional labor markets as specific workforce skill requirements change over time. +(D)Preparing workers for good-paying jobs that foster economic security and upward mobility. +(2)State and local workforce investment boards are encouraged to collaborate with other public and private institutions, including businesses, unions, nonprofit organizations, kindergarten and grades 1 to 12, inclusive, career technical education programs, adult career technical education and basic skills programs, community college career technical education and basic skills programs, entrepreneurship training programs, where appropriate, the California Community Colleges Economic and Workforce Development Program, and the Employment Training Panel, to better align resources across workforce education and training service delivery systems and build a well-articulated workforce investment system by accomplishing the following: +(A)Adopting local and regional training and education strategies that build on the strengths and fill the gaps in the education and workforce development pipeline in order to address the needs of job seekers, workers, and employers within regional labor markets by supporting sector strategies and career pathways. +(B)Building partnerships, aligning strategies, and leveraging resources across education, social services, and workforce training delivery systems to build a career pipeline and fill critical skills gaps. +(3)Workforce investment programs and services shall be data driven and evidence based when setting priorities, investing resources, and adopting practices. +(4)Workforce investment programs and services shall develop strong partnerships with the private sector, ensuring industry involvement in needs assessment, planning, and program evaluation. +(A)Workforce investment programs and services shall encourage industry involvement by developing strong partnerships with an industry’s employers and the unions that represent the industry’s workers. +(B)Workforce investment programs and services may consider the needs of employers and businesses of all sizes, including large, medium, small, and microenterprises, when setting priorities, investing resources, and adopting practices. +(5)Workforce investment programs and services shall be outcome oriented and accountable, measuring results for program participants, including, but not limited to, outcomes related to program completion, employment, and earnings. +(6)Programs and services shall be accessible to employers, the self-employed, workers, and students who may benefit from their operation, including individuals with employment barriers, such as persons with economic, physical, or other barriers to employment. +SEC. 2. +Section 14005 of the +Unemployment Insurance Code +is amended to read: +14005. +For purposes of this division: +(a)“Board” means the California Workforce Investment Board. +(b)“Agency” means the Labor and Workforce Development Agency. +(c)“Career pathways,” “career ladders,” or “career lattices” mean an identified series of positions, work experiences, or educational benchmarks or credentials with multiple access points that offer occupational and financial advancement within a specified career field or related fields over time. +(d)“Cluster-based sector strategies” means methods of focusing workforce and economic development on those sectors that have demonstrated a capacity for economic growth and job creation in a particular geographic area. +(e)“Data driven” means a process of making decisions about investments and policies based on systematic analysis of data, which may include data pertaining to labor markets. +(f)“Economic security” means, with respect to a worker, earning a wage sufficient to support a family adequately, and, over time, to save for emergency expenses and adequate retirement income, based on factors such as household size, the cost of living in the worker’s community, and other factors that may vary by region. +(g)“Evidence-based” means making use of policy research as a basis for determining best policy practices. Evidence-based policymakers adopt policies that research has shown to produce positive outcomes, in a variety of settings, for a variety of populations over time. Successful, evidence-based programs deliver quantifiable and sustainable results. Evidence-based practices differ from approaches that are based on tradition, belief, convention, or anecdotal evidence. +(h)“High-priority occupations” mean occupations that have a significant presence in a targeted industry sector or industry cluster, are in demand by employers, and pay or lead to payment of a wage that provides economic security. +(i)“Individual with employment barriers” means an individual with any characteristic that substantially limits an individual’s ability to obtain employment, including indicators of poor work history, lack of work experience, or access to employment in nontraditional occupations, long-term unemployment, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, or welfare dependency. +(j)“Industry cluster” means a geographic concentration or emerging concentration of interdependent industries with direct service, supplier, and research relationships, or independent industries that share common resources in a given regional economy or labor market. An industry cluster is a group of employers closely linked by common product or services, workforce needs, similar technologies, and supply chains in a given regional economy or labor market. +(k)(1)“Industry or sector partnership” means a workforce collaborative that organizes key stakeholders in a targeted industry cluster into a working group that focuses on the workforce needs of the targeted industry cluster. An industry or sector partnership organizes the stakeholders connected with a specific local or regional industry—multiple firms, labor groups, education and training providers, and workforce and education systems—to develop workforce development strategies within the industry. Successful sector partnerships leverage partner resources to address both short-term and long-term human capital needs of a particular sector, including by analyzing current labor markets and identifying barriers to employment within the industry, developing cross-firm skill standards, curricula, and training programs, and developing occupational career ladders to ensure workers of all skill levels can advance within the industry. +(2)Industry or sector partnerships include, at the appropriate stage of development of the partnership, all of the following: +(A)Representatives of multiple firms or employers in the targeted industry cluster, including small-sized and medium-sized employers when practicable. +(B)One or more representatives of state labor organizations, central labor coalitions, or other labor organizations, except in instances where no labor representations exists. +(C)One or more representatives of local workforce investment boards. +(D)One or more representatives of kindergarten and grades 1 to 12, inclusive, and postsecondary educational institutions or other training providers, including, but not limited to, career technical educators. +(E)One or more representatives of state workforce agencies or other entities providing employment services. +(3)An industry or sector partnership may also include representatives from the following: +(A)State or local government. +(B)State or local economic development agencies. +(C)Other state or local agencies. +(D)Chambers of commerce. +(E)Nonprofit organizations. +(F)Philanthropic organizations. +(G)Economic development organizations. +(H)Industry associations. +(I)Other organizations, as determined necessary by the members comprising the industry or sector partnership. +(l)“Industry sector” means those firms that produce similar products or provide similar services using somewhat similar business processes, and are closely linked by workforce needs, within a regional labor market. +(m)“Local labor federation” means a central labor council that is an organization of local unions affiliated with the California Labor Federation or a local building and construction trades council affiliated with the State Building and Construction Trades Council. +(n)“Sector strategies” means methods of prioritizing investments in competitive and emerging industry sectors and industry clusters on the basis of labor market and other economic data indicating strategic growth potential, especially with regard to jobs and income, and exhibit the following characteristics: +(1)Focus workforce investment in education and workforce training programs that are likely to lead to jobs providing economic security or to an entry-level job with a well-articulated career pathway into a job providing economic security. +(2)Effectively boost labor productivity or reduce business barriers to growth and expansion stemming from workforce supply problems, including skills gaps and occupational shortages by directing resources and making investments to plug skills gaps and provide education and training programs for high-priority occupations. +(3)May be implemented using articulated career pathways or lattices and a system of stackable credentials. +(4)May target underserved communities, disconnected youths, incumbent workers, and recently separated military veterans. +(5)Frequently are implemented using industry or sector partnerships. +(6)Typically are implemented at the regional level where sector firms, those employers described in subdivisions (j) and (l), often share a common labor market and supply chains. However, sector strategies may also be implemented at the state or local level depending on sector needs and labor market conditions. +(o)“Workforce Investment Act of 1998” means the federal act enacted as Public Law 105-220. +(p)“Labor market area” means an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can readily change employment without changing their place of residence. Labor market areas shall be identified in accordance with criteria used by the Bureau of Labor Statistics of the Department of Labor or similar criteria established by the Governor. +(q)“Recognized postsecondary credential” means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by a state involved or the federal government, or an associate or baccalaureate degree. +(r)“Core program” means a program authorized under a core program provision of the federal Workforce Innovation and Opportunity Act (Public Law 113-128). +(s)“Core program provision” means any of the following: +(1)Subparts 2 and 3 of Part B of Subchapter I of Chapter 32 of Title 29 of the United States Code. +(2)Subchapter II of Chapter 32 of Title 29 of the United States Code. +(3)Sections 1 to 13, inclusive, of the federal Wagner-Peyser Act (29 U.S.C. Sec. 49 et seq.). +(4)Title I of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 720 et seq.), excluding Section 112 (29 U.S.C. 732) and Part C (29 U.S.C. Sec. 741). +SEC. 3. +Section 14010 of the +Unemployment Insurance Code +is amended to read: +14010. +The California Workforce Investment Board is the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce system and the alignment of the education and workforce systems to the needs of the 21st century economy and workforce. The board shall aid the Governor in facilitating system alignment across the core programs of the federal Workforce Innovation and Opportunity Act (Public Law 113-128) as well as other educational, social service, rehabilitation, and economic development agencies the Governor chooses to bring together in partnership. +SEC. 4. +Article 4 (commencing with Section 14240) is added to Chapter 4 of Division 7 of the +Unemployment Insurance Code +, to read: +4. +Regional Planning +14240. +The state shall, in conformity with the federal Workforce Innovation and Opportunity Act (Public Law 113-128), after consultation with local boards and chief elected officials, and pursuant to a process consistent with the considerations described in Section 3121(b)(1)(B) of Title 29 of the United States Code, identify all of the following: +(a)The regions comprised of one local area aligned with the region. +(b)The regions comprised of two or more local areas collectively aligned with the region. These regions shall be referred to as planning regions, consistent with Section 3102 of Title 29 of the United States Code. +(c)The regions identified pursuant to subdivision (b) that are interstate areas contained within two or more states and consist of labor market areas, economic development areas, or other appropriate contiguous subareas of those states. +14241. +(a)The local boards and chief elected officials in each planning region described in subdivision (b) or (c) of Section 14240 shall engage in a regional planning process that results in all of the following: +(1)The preparation of a regional plan, as described in subdivision (b). +(2)The establishment of regional service strategies, including the use of cooperative service delivery agreements. +(3)The development and implementation of sector initiatives for in-demand industry sectors or occupations for the region. +(4)The collection and analysis of regional labor market data, in conjunction with the state. +(5)The establishment of administrative cost arrangements, including the pooling of funds for administrative costs, as appropriate, for the region. +(6)The coordination of transportation and other supportive services, as appropriate, for the region. +(7)The coordination of services with regional economic development services and providers. +(8)The establishment of an agreement concerning how the planning region will collectively negotiate and reach agreement with the Governor on local levels of performance for, and report on, the performance accountability measures described in Section 3141(c) of Title 29 of the United States Code for local areas or the planning region. +(b)The state, after consultation with local boards and chief elected officials for the planning regions, shall require the local boards and chief elected officials within a planning region to prepare, submit, and obtain approval of a single regional plan that includes a description of the activities described in subdivision (a) and incorporates local plans for each of the local areas in the planning region. The state shall provide technical assistance and labor market data, as requested by local areas, to assist with the regional planning and subsequent service delivery efforts. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.","The Political Reform Act of 1974 prohibits mass mailings from being sent at public expense. The act defines “mass mailing” as over 200 substantially similar pieces of mail, not including form letters or other mail, that are sent in response to an unsolicited request, letter, or other inquiry. Existing regulations of the Fair Political Practices Commission add further definitional criteria for mass mailings and specify certain exceptions to the act’s prohibition against mass mailings. +This bill would prohibit a mass mailing that complies with the Commission’s regulatory criteria from being sent within the 90 days preceding an election by or on behalf of a candidate whose name will appear on the ballot for a city, county, or special district elective office. +A willful violation of the act’s provisions is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandate local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a +2/3 +vote of each house and compliance with specified procedural requirements. +This bill would declare that it furthers the purposes of the act. +The federal Workforce Investment Act of 1998 (WIA) authorizes workforce investment activities, including activities in which states may participate. The federal Workforce Innovation and Opportunity Act (WIOA), beginning July 1, 2015, repeals and supersedes the WIA and, among other things, requires a state, in order to receive specified allotments of federal funds and before the second full program year after July 22, 2014, to identify planning regions and require local boards and chief elected officials to prepare regional plans for those planning regions, as specified. +The California Workforce Investment Act requires the California Workforce Investment Board to develop and update a state workforce investment plan, as specified. Existing law requires each local board to develop and submit to the Governor a comprehensive 5-year local plan in partnership with the appropriate chief local elected officials that is consistent with the state workforce investment plan. +This bill would require the state, in conformity with WIOA and after consultation with local boards and chief elected officials, to identify planning regions. The bill would require local boards and chief elected officials to prepare regional plans for those planning regions, as specified. By imposing this requirement on local government, the bill would impose a state-mandated local program. The bill would also require the board to aid the Governor in facilitating system alignment across the core programs of WIOA, as defined, and make related and conforming changes. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 14000, 14005, and 14010 of, and to add Article 4 (commencing with Section 14240) to Chapter 4 of Division 7 of, the Unemployment Insurance Code, relating to workforce development. +An act to add Section 89003 to the Government Code, relating to the Political Reform Act of 1974 +." +16,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 3 (commencing with Section 115810) is added to Chapter 4 of Part 10 of Division 104 of the Health and Safety Code, to read: +Article 3. The Consideration of Alternatives for Artificial Turf Infill Act of 2016 +115810. +The Legislature finds and declares all of the following: +(a) Thousands of schools, parks, and local governments have installed artificial turf fields throughout the state. It has allowed them to use fields year round, save water, and save money, among other benefits. +(b) Not all artificial turf fields are made from the same materials. While most artificial turf fields use less expensive crumb rubber infill from groundup used car and truck tires, many companies now offer artificial turf infill alternatives made from coconut fibers, rice husks, cork, sand, or virgin crumb rubber. Organic alternative infills can help reduce synthetic turf field temperatures on hot days by as much as 30 degrees compared to crumb rubber infill from used tires. +(c) The average artificial turf field uses approximately 20,000 groundup used tires to make crumb rubber infill. Tires contain many chemicals including, but not limited to: 4-t-octylphenol, acetone, arsenic, barium, benzene, benzothiazole, butylated hydroxyanisole, cadmium, carbon black, chloroethane, chromium, latex, lead, manganese, mercury, methyl ethyl ketone, methyl isobutyl ketone, n-hexadecane, naphthalene, nickel, nylon, phenol, phthalates, polycyclic aromatic hydrocarbons, and zinc. +(d) In 2008, then Attorney General Jerry Brown sued the nation’s largest makers and installers of artificial turf fields for excessive lead levels after testing by the Center for Environmental Health found high concentrations of lead in their products. +(e) In 2009, the Los Angeles Unified School District banned turf fields containing infill from waste tire crumb rubber and instead chose alternative infills for their artificial turf fields. +(f) In 2010, then Attorney General Jerry Brown settled the case with the nation’s largest makers and installers of artificial turf fields requiring them to reformulate their products to reduce lead levels and established the nation’s first enforceable standards applicable to lead in artificial turf. +(g) The Office of Environmental Health Hazard Assessment’s 2010 study on used tire crumb rubber in artificial turf fields reviewed chemical concentrations in the air above the fields and found that eight chemicals appear on the California Proposition 65 list of chemicals known to the state to cause cancer. Exposure via inhalation to five of these chemicals (benzene, formaldehyde, naphthalene, nitromethane, and styrene) gave increased lifetime cancer risks that exceeded one in one million. According to the study, the highest risk was from nitromethane, which could cause about nine cancer cases in a hypothetical population of one million soccer players. The study also found that two additional identified chemicals (toluene and benzene) appear on the California Proposition 65 list as developmental/reproductive poisons. +(h) At least 10 studies since 2007, including those by the United States Consumer Product Safety Commission and the United States Environmental Protection Agency, have found potentially harmful lead levels in turf fibers and in rubber crumbs. +(i) A 2011 study titled, “An Evaluation of Potential Exposures to Lead and Other Metals as the Result of Aerosolized Particulate Matter from Artificial Turf Playing Fields” concluded that artificial turf can deteriorate to form dust containing lead at levels that may pose a risk to children. +(j) A 2012 study published in the scientific journal Chemosphere titled, “Hazardous organic chemicals in rubber recycled tire playgrounds and pavers”, showed the high content of toxic chemicals in these recycled materials and found that “uses of recycled rubber tires, especially those targeting play areas and other facilities for children, should be a matter of regulatory concern.” +(k) The Swedish Chemicals Agency found that waste tire crumb rubber contains several particularly hazardous substances and recommended that rubber granules from waste tires not be used in artificial turf. +(l) In 2013, The United States Environmental Protection Agency (EPA) posted a disclaimer on the only limited study on tire crumb risk it had ever conducted. The EPA press release summarizing the study has been stamped with a notice that it was “outdated” and a new link has been appended to a statement stressing the need for “future studies” to enable “more comprehensive conclusions.” +(m) On May 19, 2015, the chair of the United States Consumer Product Safety Commission (CPSC), Elliot Kaye, testified before the United States Congress that he no longer stands behind a 2008 statement from the commission that crumb rubber is safe to play on. His testimony described new federal studies underway. The CPSC also ordered an enforcement review of marketing of artificial turf products for children because the commission found lead levels in artificial sports fields above statutory limits in children’s products. +(n) A June 2015, study conducted at Yale University by Environment and Human Health, Inc., an organization of physicians and public health professionals, found that crumb rubber infill from used tires contain at least 96 chemicals. Of the 96 chemicals detected, a little under one-half had no toxicity assessments done on them for their health effects. Of the one-half that had toxicity assessments, 20 percent were probable carcinogens and 40 percent were irritants. The carcinogens found were 2-Mercaptobenzothiazole, 9,10-Dimethylanthracene, Bis(2-ethylhexyl) phthalate, Fluoranthene, Heptadecane, 2-mercaptobenzothiazole, Phenol, 4-(1,1,3,3-tetramethylbutyl)-, Phenanthrene Carcinogen - polycyclicaromatic hydrocarbons, Phthalimide, Pyrene, 1-methyl-, Tetratriacontane, Pyrene, and Carbon Black. Of the irritants found, 24 percent were respiratory irritants, some causing asthma symptoms, 37 percent were skin irritants, and 27 percent were eye irritants. +(o) In June 2015, The Department of Resources Recycling and Recovery in collaboration with the Office of Environmental Health Hazard Assessment (OEHHA) agreed to spend nearly three million dollars ($3,000,000) to conduct a three-year study of potential health effects associated with the use of recycled waste tires in playground and artificial turf products. Making use of the toxicity criteria, monitoring data, and exposure pattern analysis results obtained in the study, OEHHA will conduct an assessment of potential health impacts associated with use of artificial turf and playground mats. +(p) While the public awaits the results of the OEHHA study and other studies being conducted at the national level and around the country, it is in the public’s best interest, especially from a children’s health perspective, that schools and local governments consider the various infill options when choosing to install artificial turf fields. +115810.1. +For purposes of this article, “crumb rubber infill” means any composition material that contains recycled crumb rubber from waste tires and is used to cover or surface an artificial turf field. +115810.2. +(a) Before a public or private school or local government may install, contract for the installation of, or solicit bids for a new artificial turf field containing crumb rubber infill within the boundaries of a public or private school or public recreational park, the public or private school or local government shall do all of the following: +(1) (A) Gather information from companies that offer artificial turf products that do not use crumb rubber infill. +(B) For purposes of this paragraph, information shall include, but not be limited to, information obtained from discussions with at least one company that offers artificial turf products that do not contain crumb rubber infill. +(2) Consider the use of material that does not contain crumb rubber infill in its artificial turf field project based on the information gathered pursuant to paragraph (1). +(3) Hold a public meeting that includes as a properly noticed agenda item a discussion of the installation of crumb rubber infill, with an opportunity for public comment. Members of the public wishing to make a comment during the public meeting shall be permitted to do so consistent with the established comment procedure for the meeting. +(b) Subdivision (a) shall not apply to any installation of an artificial turf field containing crumb rubber infill that commenced, or any contract for such an installation entered into, prior to January 1, 2017. +(c) Subdivision (a) shall not apply to any maintenance that is needed on an artificial turf field containing crumb rubber infill in existence as of January 1, 2017, or that is installed consistent with subdivision (b). +115810.3. +This article shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SECTION 1. +Article 3 (commencing with Section 115810) is added to Chapter 4 of Part 10 of Division 104 of the +Health and Safety Code +, to read: +3. +The Children’s Safe Playground and Turf Field Act of 2015 +115810. +For purposes of this article, “synthetic turf” means any composition material that contains recycled crumb rubber from waste tires and is used to cover or surface a field or playground. +115811. +(a)By July 1, 2017, the Office of Environmental Health Hazard Assessment, in consultation with the Department of Resources Recycling and Recovery, the State Department of Public Health, and the Department of Toxic Substances Control, shall prepare and provide to the Legislature and post on the office’s Internet Web site a study analyzing synthetic turf for potential adverse health impacts. +(b)The study shall include all of the following: +(1)A hazard analysis of exposure to the chemicals that may be found in synthetic turf, such as 4-t-octylphenol, acetone, arsenic, barium, benzene, benzothiazole, butylated hydroxyanisole, cadmium, carbon black, chloroethane, chromium, lead, manganese, matex, mercury, methyl ethyl ketone, methyl isobutyl ketone, n-hexadecane, naphthalene, nickel, nylon, phenol, phthalates, polycyclic aromatic hydrocarbons, and zinc. +(2)An analysis that considers the varying exposure activities, environments, duration of play, ages of different populations who play on synthetic turf, and exposure pathways, including whether chemicals found in tires have negative impacts on human health when used in indoor and outdoor fields and parks with various weather exposures and potentially ingested by children or coming in contact with children’s bodies. +(3)Biomonitoring or other exposure monitoring of children or adults exposed to synthetic turf to be used to assess their exposure to chemicals found in the synthetic turf, to the extent feasible, to determine potential health impacts on children and other age groups. +(4)An examination of the potential for fields and playgrounds containing synthetic turf to cause adverse health impacts, including, but not limited to, non-Hodgkin lymphoma, testicular cancer, prostate cancer, sarcoma cancer, and leukemia. This examination shall include people who have developed these health impacts and played on fields and playgrounds containing used tires, including, but not limited to, soccer goalies. +(5)An examination of the health impacts associated with synthetic turf fields and playgrounds of varying age. +(6)An evaluation of the differences in the manufacturing of synthetic turf and different turf, field, and playground products, including those that do not use recycled tires, and how these differences may affect health impacts. The evaluation shall include, but not be limited to, the types and age of tires used, the tire processing, and the type of plasticizer, backing material, adhesives, and plastic blades of artificial grass used to make the final synthetic turf product. +(7)An evaluation of the differences, in terms of health impacts, between fields and playgrounds covered with synthetic turf and nonsynthetic turf, including, but not limited to, fields made from coconut fibers, rice husks, cork, sand, and used shoes. +(8)A review of current research on the health impacts of synthetic turf done by authoritative bodies from around the country and the world. +(9)Research to fill any data gaps, such as those data gaps identified by the report prepared by the Office of Environmental Health Hazard Assessment on behalf of the Department of Resources Recycling and Recovery titled “Safety Study of Artificial Turf Containing Crumb Rubber Infill Made From Recycled Tires: Measurements of Chemicals and Particulates in the Air, Bacteria in the Turf, and Skin Abrasions Caused by Contact with the Surface.” +(10)An examination of the health impacts of exposures to many low level volatile organic compounds and polycyclic aromatic hydrocarbons found in synthetic turf fields and playgrounds. +(11)An analysis that compares the temperatures on synthetic turf, nonwaste tire turf, and grass turf during the high-temperature periods in the summer. This analysis shall include a health impact analysis including, but not limited to, heat stress, heat illness, and other heat-related health issues. +(c)A representative sample of synthetic turf fields and playgrounds around the state shall be analyzed for purposes of the study. +(d)(1)A study submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. +(2)The requirement for submitting a study to the Legislature imposed pursuant to subdivision (a) is inoperative on July 1, 2021, pursuant to Section 10231.5 of the Government Code. +115812. +(a)(1)A public or private school or local government shall not install, or contract for the installation of, a new field or playground surface made from synthetic turf within the boundaries of a public or private school or public recreational park unless the following three conditions are met: +(A)The bid specification of the public or private school or local government for the turf field or playground surface includes at least one option that does not use crumb rubber from waste tires. +(B)The public or private school or local government has obtained at least one estimate from a company that does not use crumb rubber from waste tires in its turf field and playground products. +(C)The public or private school or local government has held a public meeting regarding the installation of synthetic turf with an opportunity for public comment. +(2)Paragraph (1) shall not apply to any installation of a field or playground surface made from synthetic turf that commenced, or any contract for such installation entered into, prior to January 1, 2016. +(3)Paragraph (1) shall not apply to any maintenance that is needed on a synthetic turf field or playground in existence as of January 1, 2016. +(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. +SEC. 2. +Section 42872 of the +Public Resources Code +is amended to read: +42872. +(a)The tire recycling program may include, but is not limited to, the following: +(1)The awarding of grants, subsidies, rebates, and loans to businesses or other enterprises, and public entities, involved in activities and applications that result in reduced landfill disposal of used whole tires and reduced illegal disposal or stockpiling of used whole tires. +(2)The awarding of grants for research aimed at developing technologies or improving current activities and applications that result in reduced landfill disposal of used whole tires. +(3)The awarding of grants or loans for the evaluation, planning, design, improvement, and implementation of alternative used tire recycling programs in this state. +(4)The awarding of grants, subsidies, rebates, or loans to businesses that shred used tires for purposes of recycling. +(5)Development and implementation of an information and education program, including seminars and conferences, aimed at promoting alternatives to the landfill disposal of used whole tires. +(6)The awarding of grants or loans to tire shredding programs at authorized landfills, solid waste transfer stations, or dedicated tire shredding facilities, including the direct purchase of shredders or financing of shredder contracts. +(7)Development and implementation of a waste tire incentive payment program to promote increased demand for waste tires recycled in this state and to promote higher valued products. +(8)The awarding of grants to businesses that produce crumb rubber from waste tires for purposes of helping the business to find alternative markets other than fields and playgrounds for their products. +(b)The tire recycling program shall not include the awarding of grants, subsidies, rebates, loans, or any other types of funding to businesses or other enterprises, to public or private schools, or to local governments for purposes of offsetting the cost of manufacturing or installing synthetic turf as that term is defined in Section 115810 of the Health and Safety Code. +SEC. 3. +Section 42873 of the +Public Resources Code +is amended to read: +42873. +(a)Activities eligible for funding under this article, that reduce, or that are designed to reduce or promote the reduction of, landfill disposal of used whole tires, may include the following: +(1)Polymer treatment. +(2)Rubber reclaiming and crumb rubber production. +(3)Retreading. +(4)Shredding. +(5)The manufacture of products made from used tires, including, but not limited to, all of the following: +(A)Rubberized asphalt, asphalt rubber, modified binders, and chip seals. +(B)Playground equipment. +(C)Crash barriers. +(D)Erosion control materials. +(E)Nonslip floor and track surfacing. +(F)Oil spill recovery equipment. +(G)Roofing adhesives. +(H)Tire-derived aggregate applications, including lightweight fill and vibration mitigation. +(I)Molded products. +(J)Products using recycling rubber and other materials, such as plastic. +(K)Paint and coatings. +(6)Other environmentally safe applications or treatments determined to be appropriate by the department. +(7)A study to analyze synthetic turf for potential adverse health impacts, pursuant to Section 115811 of the Health and Safety Code. +(b)(1)The department shall not expend funds for an activity that provides support or research for the incineration of tires. For the purposes of this article, incineration of tires, includes, but is not limited to, fuel feed system development, fuel sizing analysis, and capacity and production optimization. +(2)Paragraph (1) does not affect the permitting or regulation of facilities that engage in the incineration of tires.","Existing law regulates certain behavior related to recreational activities and public safety, including, among other things, playgrounds and wooden playground equipment. +The bill would, until January 1, 2020, require a public or private school or local government, before installing, contracting for the installation of, or soliciting bids for a new artificial turf field containing crumb rubber infill, as defined, within the boundaries of a public or private school, or public recreational park to do certain things, including gathering information from companies that offer artificial turf products that do not use crumb rubber infill. +Existing law regulates certain behavior related to recreational activities and public safety, including, among other things, playgrounds and wooden playground equipment. +This bill would require the Office of Environmental Health Hazard Assessment, by July 1, 2017, in consultation with the Department of Resources Recycling and Recovery, the State Department of Public Health, and the Department of Toxic Substances Control, to prepare and provide to the Legislature and post on the office’s Internet Web site a study analyzing synthetic turf, as defined, for potential adverse health impacts. The bill would require the study to include certain information, including a hazard analysis of exposure to the chemicals that may be found in synthetic turf, as provided. The bill would prohibit a public or private school or local government, until January 1, 2018, from installing, or contracting for the installation of, a new field or playground surface made from synthetic turf within the boundaries of a public or private school or public recreational park, unless 3 specified conditions are met, including that the public or private school or local government has obtained at least one estimate from a company that does not use crumb rubber in its turf field and playground products, as provided. +The California Tire Recycling Act (act) requires a person who purchases a new tire to pay a California tire fee, for deposit in the California Tire Recycling Management Fund, for expenditure by the department, upon appropriation by the Legislature, for programs related to the disposal of waste tires including the awarding of grants. The act specifies that the activities eligible for funding include the manufacture of specified products made from used tires. +The bill would include the above study as one of the acceptable activities eligible for this funding. The bill would also authorize the awarding of grants to businesses that produce crumb rubber from waste tires for purposes of helping the businesses find alternative markets other than fields and playgrounds for their products. The bill would prohibit the awarding under this program of grants, subsidies, rebates, loans, or any other types of funding to businesses or other enterprises, to public or private schools, or to local governments for purposes of offsetting the cost of manufacturing or installing synthetic turf.","An act to add Article 3 (commencing with Section 115810) to Chapter 4 of Part 10 of Division 104 of, and to repeal Section 115812 of, the Health and Safety Code, and to amend Sections 42872 and 42873 of the Public Resources Code, relating to environmental health. +An act to add and repeal Article 3 (commencing with Section 115810) of Chapter 4 of Part 10 of Division 104 of the Health and Safety Code, relating to environmental health." +17,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 980 of the Military and Veterans Code is amended to read: +980. +(a) As used in this chapter, “veteran” means any of the following: +(1) Any citizen of the United States who served in the active military, naval, or air service of the United States on or after April 6, 1917, and prior to November 12, 1918, and who received an honorable discharge or was released from active duty under honorable conditions. +(2) Any person who did all of the following: +(A) Served in the active military, naval, or air service of the United States for a period of not less than 90 consecutive days or was discharged from the service due to a service-connected disability within that 90-day period. +(B) Received an honorable discharge or was released from active duty under honorable conditions. +(C) Performed any portion of that service during any of the following periods: +(i) On or after December 7, 1941, and prior to January 1, 1947, including, but not limited to, members of the Philippine Commonwealth Army, the Regular Scouts (“Old Scouts”), and the Special Philippine Scouts (“New Scouts”). +(ii) On or after June 27, 1950, and prior to February 1, 1955. +(iii) On or after February 28, 1961, and prior to August 5, 1964, in the case of a veteran who served in the Republic of Vietnam during that period. +(iv) On or after August 5, 1964, and prior to May 8, 1975. +(v) On or after August 2, 1990, to and including the date on which the territories in and around the Arabian Peninsula cease to be designated as a place where the armed forces of the United States are engaged in combat, as described in Executive Order 12744 of the President of the United States. It is the intent of the Legislature, in enacting this clause, that the benefits provided by this chapter shall be available to all veterans who were on active duty in the armed forces of the United States or who were called to active duty in the reserves or National Guard during the pendency of the deployment of forces for Operation Desert Shield or Desert Storm, which resulted in Executive Order 12744, irrespective of whether these veterans served overseas or in the United States. +(vi) At any time, in a campaign or expedition for service in which a medal has been authorized by the government of the United States, regardless of the number of days served on active duty. +(vii) At any time in Somalia, or in direct support of the troops in Somalia, including, but not limited to, persons stationed on ships of the United States armed forces conducting support activities offshore in the vicinity of Somalia, during Operation Restore Hope, regardless of the number of days served. +(3) Any member of the reserves or National Guard who does all the following: +(A) Is called to, and released from, active duty or active service, regardless of the number of days served. +(B) Is called during any period when a presidential executive order specifies the United States is engaged in combat or homeland defense. +(C) Has received an honorable discharge or was released from active duty or active service under honorable conditions. +(4) Any person who did all of the following: +(A) Served in the Merchant Marine Service of the United States. +(B) Has been granted veteran status by the United States Secretary of Defense under Title IV of the GI Improvement Act of 1977 (Public Law 95-202, as amended). +(5) Any person who qualifies under federal laws for revenue bond or unrestricted funds (26 U.S.C. Sec. 143) and did all of the following: +(A) Served in the active military, naval, or air service of the United States for a period of not less than 90 consecutive days. +(B) Received an honorable discharge or was released from active duty or active service under honorable conditions. +(6) Any person who qualifies for funds made available from a qualified mortgage revenue bond issued pursuant to 26 U.S.C. Section 143 and is, at the time of application for Cal-Vet benefits, a member of the California National Guard or a reserve component of any branch of the United States armed forces who has enlisted or been commissioned in that service for a period of not less that six years and has completed a minimum of one year of satisfactory service. +(b) For purposes of this chapter +, +“veteran” +does +shall +not include any of the following: +(1) A person who was separated from the armed forces under other than honorable conditions. +(2) A person who was separated from the armed forces on account of alienage. +(3) A person who performed no military duty whatever or refused to wear the uniform. +(4) A person who served only in an auxiliary or reserve component of the armed forces whose service therein did not provide an exemption from the operation of the Selective Training and Service Act of 1940 (54 Stat. 885, as amended). +(5) A person whose service with the armed forces was due to temporary active duty orders for the sole purpose of training duty, processing, or a physical examination, except as provided for in paragraph (6) of subdivision (a). +(6) A person whose only service was as a student at a military academy and who, for any reason, failed to complete the course of study and subsequently did not serve on active duty. +(c) For purposes of this section, “active duty” or “active service” is defined as provided in 10 U.S.C. Section 101(d).","Existing law defines “veteran” for the purposes of the various programs bestowing benefits upon veterans. +This bill would make technical, nonsubstantive changes to this provision.","An act to amend Section 980 of the Military and Veterans Code, relating to veterans." +18,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The economic competitiveness of California is fueled by the strength of regional economies and their skilled workers. Upward social and economic mobility and increased opportunities keep the state’s economy diversified and vibrant. +(b) The pathway out of poverty for millions of California residents is the attainment of industry-valued “middle skill credentials,” which is defined as a job requiring a certificate, associate’s degree, or third-party credential that is less advanced than a bachelor’s degree, but more advanced than a high school diploma. +(c) Middle skill credentials serve as the gateway for a large number of careers in the state’s prioritized and emergent industry sectors. +(d) The California Community Colleges Board of Governor’s Task Force on Workforce, Job Creation, and a Strong Economy, also referred to as the Strong Workforce Task Force, identified 25 policy and strategy recommendations to help close the gap on these middle skill credentials. +(e) The recommendations built upon the foundation established by the California Community Colleges Economic and Workforce Development Program in Part 52.5 (commencing with Section 88600) of Division 7 of Title 3 of the Education Code, the Office of the Chancellor of the California Community Colleges Doing What MATTERS for Jobs and the Economy framework, and the federal Workforce Innovation and Opportunities Act (Public Law 113-128). +(f) With the enactment of the federal Workforce Innovation and Opportunity Act (Public Law 113-128), California agencies receiving workforce-related funds have adopted the following common program strategies articulated by the California Workforce Investment Board: +(1) Partnering in sector strategies to ensure training programs are relevant to the economy. +(2) Building career pathways to increase access, flexibility, and facilitated navigation of training and education programs. +(3) Utilizing “earn and learn” to increase simultaneous access to income and training for those who cannot afford full-time education. +(4) Organizing regionally to benefit from economies of scale, recognizing gains when labor markets and industry are organized regionally. +(5) Providing supportive services to remove barriers to program completion and employment. +(6) Creating cross-system data capacity to ensure effective use of resources. +(7) Integrating service delivery and braiding of resources to optimize limited resources and make use of program specializations to better serve individuals. +SEC. 2. +Section 30 of the Business and Professions Code is amended to read: +30. +(a) (1) Notwithstanding any other law, any board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicant’s social security number for all other applicants. +(2) No later than January 1, 2016, in accordance with Section 135.5, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for purposes of this subdivision. +(b) A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code. +(c) In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application. +(d) A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee: +(1) Name. +(2) Address or addresses of record. +(3) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees. +(4) Type of license. +(5) Effective date of license or a renewal. +(6) Expiration date of license. +(7) Whether license is active or inactive, if known. +(8) Whether license is new or a renewal. +(e) For the purposes of this section: +(1) “Licensee” means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. +(2) “License” includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. +(3) “Licensing board” means any board, as defined in Section 22, the State Bar, and the Bureau of Real Estate. +(f) The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable. +(g) Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require. +(h) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection. +(i) A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided pursuant to this section to the Franchise Tax Board, the Employment Development Department, or the Office of the Chancellor of the California Community Colleges, or as provided in subdivision (k). +(j) It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws, for purposes of compliance with Section 17520 of the Family Code, and for purposes of measuring employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes. +(k) If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status. +(l) For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, “licensee” means an entity that is issued a license by any board, as defined in Section 22, the State Bar, the Bureau of Real Estate, and the Department of Motor Vehicles. +(m) The department shall, upon request by the Office of the Chancellor of the California Community Colleges, furnish to the chancellor’s office, as applicable, the following information with respect to every licensee: +(1) Name. +(2) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees. +(3) Date of birth. +(4) Type of license. +(5) Effective date of license or a renewal. +(6) Expiration date of license. +(n) The department shall make available information pursuant to subdivision (m) only to allow the chancellor’s office to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. Licensure information made available by the department pursuant to this section shall not be used for any other purpose. +(o) The department may make available information pursuant to subdivision (m) only to the extent that making the information available complies with state and federal privacy laws. +(p) The department may, by agreement, condition or limit the availability of licensure information pursuant to subdivision (m) in order to ensure the security of the information and to protect the privacy rights of the individuals to whom the information pertains. +(q) All of the following apply to the licensure information made available pursuant to subdivision (m): +(1) It shall be limited to only the information necessary to accomplish the purpose authorized in subdivision (n). +(2) It shall not be used in a manner that permits third parties to personally identify the individual or individuals to whom the information pertains. +(3) Except as provided in subdivision (n), it shall not be shared with or transmitted to any other party or entity without the consent of the individual or individuals to whom the information pertains. +(4) It shall be protected by reasonable security procedures and practices appropriate to the nature of the information to protect that information from unauthorized access, destruction, use, modification, or disclosure. +(5) It shall be immediately and securely destroyed when no longer needed for the purpose authorized in subdivision (n). +(r) The department or the chancellor’s office may share licensure information with a third party who contracts to perform the function described in subdivision (n), if the third party is required by contract to follow the requirements of this section. +SEC. 3. +Section 88650 of the Education Code is amended to read: +88650. +(a) The chancellor shall implement performance accountability outcome measures for the economic and workforce development program that provide the Governor, Legislature, and general public with information that quantifies employer and student outcomes for those participating in the program. These performance accountability measures should, to the extent possible, align with the performance accountability measures of the federal Workforce Innovation and Opportunity Act (Public Law 113-128). +(b) The chancellor shall submit a report to the Governor and Legislature on or about March 1 of each year. This report shall include, but not necessarily be limited to, both of the following: +(1) Sufficient information to ensure the understanding of the magnitude of expenditures, by type of expenditure, including those specified in Section 88625, disaggregated by industry sector or cluster, region, and type of grant. +(2) Data summarizing outcome accountability performance measures required by this section.","(1) Existing law establishes various career technical education programs, including regional occupational centers and programs, specialized secondary programs, partnership academies, and agricultural career technical education programs. Existing law provides for numerous boards, bureaus, commissions, or programs within the Department of Consumer Affairs that administer the licensing and regulation of various businesses and professions. +This bill would require the department to make available, upon request by the Office of the Chancellor of the California Community Colleges, and only to the extent specified, to the chancellor’s office specified information with respect to every licensee for the sole purpose of enabling the office of the chancellor to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. +(2) Existing law requires the Chancellor of the California Community Colleges to implement performance accountability outcome measures for the California Community Colleges Economic and Workforce Development Program. +This bill would urge the chancellor to align these measures with the performance accountability measures of the federal Workforce Innovation and Opportunity Act.","An act to amend Section 30 of the Business and Professions Code, and to amend Section 88650 of the Education Code, relating to career technical education." +19,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17052 is added to the Revenue and Taxation Code, to read: +17052. +(a) (1) For each taxable year beginning on or after January 1, 2015, there shall be allowed against the “net tax,” as defined by Section 17039, an earned income tax credit in an amount equal to an amount determined in accordance with Section 32 of the Internal Revenue Code, relating to earned income, as applicable for federal income tax purposes for the taxable year, except as otherwise provided in this section. +(2) (A) The amount of the credit determined under Section 32 of the Internal Revenue Code, relating to earned income, as modified by this section, shall be multiplied by the earned income tax credit adjustment factor for the taxable year. +(B) Unless otherwise specified in the annual Budget Act, the earned income tax credit adjustment factor for a taxable year beginning on or after January 1, 2015, shall be 0 percent. +(C) The earned income tax credit authorized by this section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the credit. +(b) (1) In lieu of the table prescribed in Section 32(b)(1) of the Internal Revenue Code, relating to percentages, the credit percentage and the phaseout percentage shall be determined as follows: +In the case of an eligible individual with: +The credit percentage is: +The phaseout percentage is: +No qualifying children +7.65% +7.65% +1 qualifying child +34% +34% +2 or more qualifying children +40% +40% +(2) (A) In lieu of the table prescribed in Section 32(b)(2)(A) of the Internal Revenue Code, the earned income amount and the phaseout amount shall be determined as follows: +In the case of an eligible individual with: +The earned income amount is: +The phaseout amount is: +No qualifying children +$3,290 +$3,290 +1 qualifying child +$4,940 +$4,940 +2 or more qualifying children +$6,935 +$6,935 +(B) Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply. +(3) Section 32(b)(3)(A) of the Internal Revenue Code, relating to increased percentage for three or more qualifying children, is modified by substituting “the credit percentage and phaseout percentage is 45 percent” for “the credit percentage is 45 percent.” +(c) (1) Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting “this state” for “the United States.” +(2) Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows: +(A) Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting “plus” and inserting in lieu thereof the following: “and only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.” +(B) Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall not apply. +(3) Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting “this state” for “the United States.” +(d) Section 32(i)(1) of the Internal Revenue Code is modified by substituting “$3,400” for “$2,200.” +(e) In lieu of Section 32(j) of the Internal Revenue Code, relating to inflation adjustments, for taxable years beginning on or after January 1, 2016, the amounts specified in paragraph (2) of subdivision (b) and in subdivision (d) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041. +(f) If the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. +(g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. +(h) Notwithstanding any other law, amounts refunded pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits. +(i) (1) For the purpose of implementing the credit allowed by this section for the 2015 taxable year, the Franchise Tax Board shall be exempt from the following: +(A) Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2. +(B) Special Project Report requirements under Statewide Information Management Manual Section 30. +(C) Section 11.00 of the 2015 Budget Act. +(D) Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code. +(2) The Franchise Tax Board shall formally incorporate the scope, costs, and schedule changes associated with the implementation of the credit allowed by this section in its next anticipated Special Project Report for its Enterprise Data to Revenue Project. +(j) (1) In accordance with Section 41 of the Revenue and Taxation Code, the purpose of the California Earned Income Tax Credit is to reduce poverty among California’s poorest working families and individuals. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following: +(A) The number of tax returns claiming the credit. +(B) The number of individuals represented on tax returns claiming the credit. +(C) The average credit amount on tax returns claiming the credit. +(D) The distribution of credits by number of dependents and income ranges. The income ranges shall encompass the phase-in and phaseout ranges of the credit. +(E) Using data from tax returns claiming the credit, including an estimate of the federal tax credit determined under Section 32 of the Internal Revenue Code, an estimate of the number of families who are lifted out of deep poverty by the credit and an estimate of the number of families who are lifted out of deep poverty by the combination of the credit and the federal tax credit. For the purposes of this subdivision, a family is in “deep poverty” if the income of the family is less than 50 percent of the federal poverty threshold. +(2) The Franchise Tax Board shall provide the written report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly Committees on Revenue and Taxation, and the Senate and Assembly Committees on Human Services. +(k) The tax credit allowed by this section shall be known as the California Earned Income Tax Credit. +SEC. 2. +Section 19136 of the Revenue and Taxation Code is amended to read: +19136. +(a) Section 6654 of the Internal Revenue Code, relating to failure by an individual to pay estimated income tax, shall apply, except as otherwise provided. +(b) Section 6654(a)(1) of the Internal Revenue Code is modified to refer to the rate determined under Section 19521 in lieu of Section 6621 of the Internal Revenue Code. +(c) (1) Section 6654(e)(1) of the Internal Revenue Code, relating to exceptions where the tax is a small amount, does not apply. +(2) No addition to the tax shall be imposed under this section if the tax imposed under Section 17041 or 17048 and the tax imposed under Section 17062 for the preceding taxable year, minus the sum of any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, or the tax computed under Section 17041 or 17048 upon the estimated income for the taxable year, minus the sum of any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, is less than five hundred dollars ($500), except in the case of a separate return filed by a married person the amount shall be less than two hundred fifty dollars ($250). +(d) Section 6654(f) of the Internal Revenue Code does not apply and for purposes of this section the term “tax” means the tax imposed under Section 17041 or 17048 and the tax imposed under Section 17062 less any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, other than the credit provided by subdivision (a) of Section 19002. +(e) (1) The credit for tax withheld on wages, as specified in Section 6654(g) of the Internal Revenue Code, is the credit allowed under subdivision (a) of Section 19002. +(2) (A) Section 6654(g)(1) of the Internal Revenue Code is modified by substituting the phrase “the applicable percentage” for the phrase “an equal part.” +(B) For purposes of this paragraph, “applicable percentage” means the percentage amount prescribed under Section 6654(d)(1)(A) of the Internal Revenue Code, as modified by subdivision (a) of Section 19136.1. +(f) This section applies to a nonresident individual. +(g) (1) No addition to tax shall be imposed under this section to the extent that the underpayment was created or increased by either of the following: +(A) Any law that is chaptered during and operative for the taxable year of the underpayment. +(B) If, for a taxable year prior to its repeal, the adjustment factor for the credit authorized by Section 17052 for the taxable year was less than the adjustment factor for that credit for the preceding taxable year. +(2) (A) Notwithstanding Section 18415, subparagraph (A) of paragraph (1) applies to penalties imposed under this section on or after January 1, 2005. +(B) Notwithstanding Section 18415, subparagraph (B) of paragraph (1) applies to penalties imposed under this section on or after January 1, 2016. +(h) The amendments made to this section by Section 5 of Chapter 305 of the Statutes of 2008 apply to taxable years beginning on or after January 1, 2009. +(i) The amendments made to this section by Section 3 of Chapter 15 of the Fourth Extraordinary Session of the Statutes of 2009 apply to amounts withheld on wages beginning on or after January 1, 2009. +SEC. 3. +Section 19167 of the Revenue and Taxation Code is amended to read: +19167. +A penalty shall be imposed under this section for any of the following: +(a) In accordance with Section 6695(a) of the Internal Revenue Code, for failure to furnish a copy of the return to the taxpayer, as required by Section 18625. +(b) In accordance with Section 6695(c) of the Internal Revenue Code, for failure to furnish an identifying number, as required by Section 18624. +(c) In accordance with Section 6695(d) of the Internal Revenue Code, for failure to retain a copy or list, as required by Section 18625 or for failure to retain an electronic filing declaration, as required by Section 18621.5. +(d) Failure to register as a tax preparer with the California Tax Education Council, as required by Section 22253 of the Business and Professions Code, unless it is shown that the failure was due to reasonable cause and not due to willful neglect. +(1) The amount of the penalty under this subdivision for the first failure to register is two thousand five hundred dollars ($2,500). This penalty shall be waived if proof of registration is provided to the Franchise Tax Board within 90 days from the date notice of the penalty is mailed to the tax preparer. +(2) The amount of the penalty under this subdivision for a failure to register, other than the first failure to register, is five thousand dollars ($5,000). +(e) The Franchise Tax Board shall not impose the penalties authorized by subdivision (d) until either one of the following has occurred: +(1) Commencing January 1, 2006, and continuing each year thereafter, there is an appropriation in the Franchise Tax Board’s annual budget to fund the costs associated with the penalty authorized by subdivision (d). +(2) (A) An agreement has been executed between the California Tax Education Council and the Franchise Tax Board that provides that an amount equal to all first year costs associated with the penalty authorized by subdivision (d) shall be received by the Franchise Tax Board. For purposes of this subparagraph, first year costs include, but are not limited to, costs associated with the development of processes or systems changes, if necessary, and labor. +(B) An agreement has been executed between the California Tax Education Council and the Franchise Tax Board that provides that the annual costs incurred by the Franchise Tax Board associated with the penalty authorized by subdivision (d) shall be reimbursed by the California Tax Education Council to the Franchise Tax Board. +(C) Pursuant to the agreement described in subparagraph (A), the Franchise Tax Board has received an amount equal to the first year costs described in that subparagraph. +(f) In accordance with Section 6695(g) of the Internal Revenue Code, for failure to be diligent in determining eligibility for earned income credit for returns required to be filed on or after the effective date of the act adding this subdivision. +SEC. 4. +In future years, it is the intent of the Legislature to enact legislation that would expand the California Earned Income Tax Credit allowed by Section 17052 of the Revenue and Taxation Code, as state budget conditions permit, to benefit a broader section of working poor Californians. +SEC. 5. +This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income and who meet certain other requirements. +This bill, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, would allow an earned income credit against personal income tax, and a payment in excess of that credit amount, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor as set forth in the annual Budget Act. +Existing law requires any bill authorizing a new personal income tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements, as provided. +To measure whether the earned income credit achieves its intended purpose, this bill would require the Franchise Tax Board to annually prepare a specified written report and to provide that report to specified legislative committees. +Existing law establishes the continuously appropriated Tax Relief and Refund Account, and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account. +By authorizing new payments from that account for amounts in excess of personal income tax liabilities, this bill would make an appropriation. +The Personal Income Tax Law imposes taxes based upon taxable income and also imposes interest and penalties with regard to those taxes under specified circumstances, including a penalty for the underpayment of estimated tax. Existing law provides no addition to tax shall be imposed to the extent that the underpayment was created or increased by any law that is chaptered during and operative for the taxable year of the underpayment. +This bill would provide that addition to tax shall not be imposed if the applicable percentage for the earned income tax credit for the taxable year was less than the applicable percentage for that credit for the preceding taxable year and would impose a penalty, in conformity with federal law, for failure to be diligent in determining eligibility for the earned income tax credit, as specified. +This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to amend Sections 19136 and 19167 of, and to add Section 17052 to, the Revenue and Taxation Code, relating to taxation, and making an appropriation therefor, to take effect immediately, bill related to the budget." +20,"The people of the State of California do enact as follows: + + +SECTION 1. +Item 2660-013-0001 is added to Section 2.00 of the Budget Act of 2015, to read: +2660-013-0001—For transfer by the Controller from the General Fund, to the Traffic Congestion Relief Fund, upon order of the Director of Finance ........................ +(173,000,000) +Provisions: +1. +Notwithstanding existing law, these funds shall be transferred and allocated by the Director of Finance no later than January 1, 2017, and will affect the General Fund reserve in the fiscal year the transfer is made. Funds shall be allocated as follows: +(a) +$148,000,000 for specified local Traffic Congestion Relief Program projects. +(b) +$11,000,000 for trade corridor improvements. +(c) +$9,000,000 for the Transit and Intercity Rail Capital Program. +(d) +$5,000,000 for the State Highway Operations and Protection Program. +2. +Notwithstanding any other law, this amount shall be repaid from the General Fund pursuant to subdivision (c) of Section 20 of Article XVI of the California Constitution and applied to debt payments as required for the 2016-17 fiscal year. +SEC. 2. +Item 3970-001-0001 is added to Section 2.00 of the Budget Act of 2015, to read: +3970-001-0001—For support of Department of Resources Recycling and Recovery ........................ +105,000,000 +Schedule: +(1) +3700-Waste Reduction and Management ........................ +105,000,000 +Provisions: +1. +The funds appropriated in Schedule (1) shall be made available for fire recovery and debris removal and management costs to mitigate the threat to lives, public health, safety, and the environment. +2. +Notwithstanding any other law, upon request of the Director of the Department of Resources Recycling and Recovery, the Director of Finance may augment the amount available for expenditure in this item to pay for fire debris removal and management costs to mitigate the threat to lives, public health, safety, and the environment. The augmentation may be made no sooner than 10 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee. The amount of funds augmented pursuant to the authority of this provision shall be consistent with the amount approved by the Director of Finance based on review of the estimated costs. +SEC. 3. +Item 6440-001-0001 of Section 2.00 of the Budget Act of 2015 is amended to read: +6440-001-0001—For support of University of California ........................ + + +3,056,138,000 + +3,057,993,000 +Schedule: +(1) +5440-Support ........................ + + +3,056,138,000 + +3, 057,993,000 +Provisions: +1. +This appropriation is exempt from Sections 6.00 and 31.00. +2. +(a) +The Legislature finds and declares all of the following: +(1) +The Regents of the University of California endorsed, on May 21, 2015, the framework for long-term funding agreed upon by the Governor and the President of the University, pursuant to which tuition will not increase in the 2015–16 and 2016–17 academic years and the university will implement reforms to reduce the cost structure of the university and improve access, quality, and outcomes. +(2) +The reforms included in the framework endorsed by the Regents will create capacity for all campuses of the university to serve more resident students, including by easing transfer from the community colleges, reducing the amount of time it takes students to complete programs, and using technology and data to improve allocation of available resources. +(3) +In addition to the funds included in this appropriation and those described in the framework, other funds, including existing resources that can be redirected to higher priorities, such as those currently being used to provide financial aid to nonresident students, are also available to enable more resident students to enter the university at all of its campuses. +(4) +Furthermore, it is the intent of the Legislature that those funds generated by an increase in the number of nonresident students enrolled in the 2015–16 academic year, compared to the number of nonresident students enrolled in the 2014–15 academic year, and increases in nonresident supplemental tuition, as approved by the Regents on May 21, 2015, be used specifically to support an increase in the number of resident students enrolled. +(b) +To address immediate needs, the university is expected to enroll, no later than the 2016–17 academic year, at least 5,000 more resident undergraduate students than the number enrolled in the 2014–15 academic year. +(c) +If the Regents provide sufficient evidence to the Director of Finance on or before May 1, 2016, to demonstrate that the university will satisfy the expectation enumerated in subdivision (b), the Director of Finance shall increase this appropriation by $25,000,000 and notify the Joint Legislative Budget Committee. +2.1. +No later than April 1, 2016, the Regents of the University of California shall report to the Director of Finance and, in conformity with Section 9795 of the Government Code, to the Legislature on its use of these funds for targeted support services to increase systemwide and campus four-year and six-year graduation rates and two-year and three-year transfer graduation rates of low-income and underrepresented student populations. +2.2. +The Regents of the University of California shall improve transparency regarding the university’s budget. The Regents shall ensure that information is posted on the website of the Office of the President that details subcategories of personnel within the Managers and Senior Professional personnel category and disaggregates all personnel categories by fund source. +2.3. +No later than December 10, 2015, the Regents of the University of California shall report to the Director of Finance and, in conformity with Section 9795 of the Government Code, to the Legislature, all of the following: +(a) +All university fund sources legally allowable to support costs for undergraduate, graduate academic, and graduate professional education. +(b) +The factors the university considers to determine which funds to use for educational activities and how much of those funds to use. +(c) +The sources of the funds included in the calculation of expenditures reported pursuant to Section 92670 of the Education Code. +2.4. +(a) +The Regents of the University of California shall implement further measures to reduce the university’s cost structure. +(b) +The Legislature finds and declares that many state employees hold positions with comparable scope of responsibilities, complexity, breadth of job functions, experience requirements, and other relevant factors to those employees designated to be in the Senior Management Group pursuant to existing Regents policy. +(c) +(1) +Therefore, at a minimum, the Regents shall, when considering compensation for any employee designated to be in the Senior Management Group, use a market reference zone that includes state employees. +(2) +At a minimum, the Regents shall identify all comparable positions from the lists included in subdivision (l) of Section 8 of Article III of the California Constitution and Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code. +3. +(a) +The Regents of the University of California shall approve a plan that includes at least all of the following: +(1) +Projections of available resources in the 2016–17, 2017–18, and 2018–19 fiscal years. In projecting General Fund appropriations and student tuition and fee revenues, the university shall use any assumptions provided by the Department of Finance. The Department of Finance shall provide any assumptions no later than August 1, 2015. +(2) +Projections of expenditures in the 2016–17, 2017–18, and 2018–19 fiscal years and descriptions of any changes to current operations necessary to ensure that expenditures in each of those years are not greater than the available resources projected for each of those years pursuant to paragraph (1). +(3) +Projections of resident and nonresident enrollment in the 2016–17, 2017–18, and 2018–19 academic years, assuming implementation of any changes described in paragraph (2). +(4) +The university’s goals for each of the measures listed in subdivision (b) of Section 92675 of the Education Code for the 2016–17, 2017–18, and 2018–19 academic years, assuming implementation of any changes described in paragraph (2). It is the intent of the Legislature that these goals be challenging and quantifiable, address achievement gaps for underrepresented populations, and align the educational attainment of California’s adult population to the workforce and economic needs of the state, pursuant to the legislative intent expressed in Section 66010.93 of the Education Code. +(b) +The plan approved pursuant to subdivision (a) shall be submitted no later than November 30, 2015, to the Director of Finance, the chairpersons of the committees in each house of the Legislature that consider the State Budget, the chairpersons of the budget subcommittees in each house of the Legislature that consider appropriations for the University of California, the chairpersons of the committees in each house of the Legislature that consider appropriations, and the chairpersons of the policy committees in each house of the Legislature with jurisdiction over bills relating to the university. +4. +(a) +The University of California shall allocate from this appropriation the amount necessary to pay in full the fees anticipated to become due and payable during the fiscal year associated with lease-revenue bonds issued by the State Public Works Board on its behalf and the amount of general obligation bond debt service attributable to the university. +(b) +The Controller shall transfer funds from this appropriation upon receipt of the following reports: +(1) +The State Public Works Board shall report to the Controller the fees anticipated to become due and payable in the fiscal year associated with any lease-revenue bonds that were issued on behalf of the university. +(2) +The Department of Finance shall report to the Controller the amount of general obligation bond debt service anticipated to become due and payable in the fiscal year attributable to the university. +(3) +The State Public Works Board or the Department of Finance shall submit a revised report if either entity determines that an amount previously reported to the Controller is inaccurate. If necessary pursuant to any revised reports, the Controller shall return funds to this appropriation. +4.5. +Of the funds appropriated in this item: +(a) +$6,000,000 shall be allocated to the centers for labor research and education at the Berkeley and Los Angeles campuses. +(b) +$1,000,000 shall be allocated to the Wildlife Health Center at the Davis campus and used for grants to local marine mammal stranding networks. These funds are provided on a one-time basis. +(c) +$770,000 shall be allocated for the Statewide Database. +(d) +$1,855,000 shall be allocated for the San Joaquin Valley Medical Program. The program shall enroll 48 students. These funds shall be available for expenditure through June 30, 2017. +4.6. +The University of California shall continue planning for a School of Medicine at the Merced campus in accordance with the action approved by the Regents of the University of California on May 14, 2008, and shall allocate up to $1,000,000 from this appropriation or other funds available to the university for this purpose. +4.7. +This item includes funds for the California DREAM Loan Program. +5. +Payments made by the state to the University of California for each month from July through April shall not exceed one-twelfth of the amount appropriated in this item, less the amount that is specified in Provision 2 and the amount that is allocated pursuant to subdivision (a) of Provision 4. Transfers of funds pursuant to subdivision (b) of Provision 4 shall not be considered payments made by the state to the university. +6. +The funds appropriated in this item shall not be available to support auxiliary enterprises or intercollegiate athletic programs. +SEC. 4. +Item 9651-001-0001 is added to Section 2.00 of the Budget Act of 2015, to read: +9651-001-0001—For support of Prefunding of Health and Dental Benefits for Annuitants ........................ +240,000,000 +Schedule: +(1) +7755–Prefunding Health and Dental Benefits ........................ +240,000,000 +Provisions: +1. +The amount appropriated in this item is to supplement, and not supplant, funding that would otherwise be made available to pay for the employer share of prefunding health and dental benefits identified in memoranda of understanding, or for employees excluded from collective bargaining, in accordance with salary and benefit schedules established by the Department of Human Resources. +2. +No later than November 1, 2016, the Director of Finance shall certify the memoranda of understanding that include employer and employee contributions for prefunding health and dental benefits, and have been approved by the Legislature and the bargaining unit membership. Upon certification, the Director of Finance shall determine the proportionate share of this appropriation based on the actuarially determined liabilities of other postemployment benefits for each bargaining unit included in the certification, and notify the Controller's office, which shall provide the amount specified by the Director of Finance to the designated state subaccount of the Annuitants’ Health Care Coverage Fund, as defined in Section 22940 of the Government Code. +3. +This appropriation is available for expenditure or encumbrance until June 30, 2017. +SEC. 5. +Section 39.00 of the Budget Act of 2015 is amended to read: +SEC. 39.00. +The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 94, AB 95, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB 125, AB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB 133, AB 134, AB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, +SB 86, +SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 93, SB 94, SB 95, SB 96, SB 98, SB 99, SB 100, SB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2015 took effect. +SEC. 6. +This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately. +SECTION 1. +It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","The Budget Act of 2015 appropriated specified amounts for the support of state government for the 2015–16 fiscal year. +This bill would amend the Budget Act of 2015 by adding and amending items of appropriation. +This bill would declare that it is to take effect immediately as a Budget Bill. +This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","An act relating to the Budget Act of 2015. +An act to amend the Budget Act of 2015 (Chapters 10 and 11 of the Statutes of 2015), by amending Item 6440-001-0001 of, and adding Items 2660-013-0001, 3970-001-0001, and 9651-001-0001 to, Section 2.00 of, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill." +21,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12439 of the Government Code is repealed. +SEC. 2. +Section 22775 of the Government Code is amended to read: +22775. +“Family member” means an employee’s or annuitant’s spouse or domestic partner and any child, including an adopted child, a stepchild, or recognized natural child. The board shall, by regulation, prescribe age limits and other conditions and limitations pertaining to children. “Family member” does not include a former spouse or former domestic partner of an employee or annuitant. +SEC. 3. +Section 22781 of the Government Code is amended to read: +22781. +“Prefunding” means the making of periodic payments by an employer or employee to partially or completely fund or amortize the actuarially determined normal costs or unfunded actuarial obligation of the employer for postemployment health care benefits provided to annuitants and their family members. +SEC. 4. +Section 22843.1 is added to the Government Code, to read: +22843.1. +(a) Pursuant to standards established by the Department of Human Resources, the employing office of a state employee or state annuitant shall possess documentation verifying eligibility of an employee’s or annuitant’s family member prior to the enrollment of a family member in a health benefit plan. The employing office shall maintain the verifying documentation in the employee or annuitant’s official personnel or member file. +(b) The employing office of the state employee or state annuitant shall obtain verifying documentation to substantiate the continued eligibility of family members as follows: +(1) At least once every three years for the following family members: +(A) Spouses. +(B) Domestic partners. +(C) Children and stepchildren. +(D) Domestic partner children. +(2) At least once annually for other children for whom the state employee or state annuitant has assumed a parent-child relationship. +(c) For purposes of this section, the Public Employees’ Retirement System is the employing office of a state annuitant. +SEC. 5. +Section 22844 of the Government Code is amended to read: +22844. +(a) Employees, annuitants, and family members who become eligible to enroll on or after January 1, 1985, in Part A and Part B of Medicare shall not be enrolled in a basic health benefit plan. If the employee, annuitant, or family member is enrolled in Part A and Part B of Medicare, he or she may enroll in a Medicare health benefit plan. +(b) Employees, annuitants, and family members enrolled in a prescription drug plan under Part D of Medicare shall not be enrolled in a board-approved health benefit plan. This subdivision does not apply to an individual enrolled in a board-approved or offered health benefit plan that provides a prescription drug plan or qualified prescription drug coverage under Part D of Medicare as part of its benefit design. +(c) This section does not apply to employees and family members that are specifically excluded from enrollment in a Medicare health benefit plan by federal law or federal regulation. +(d) The board shall not grant any further exemptions to this section after July 1, 2015. +SEC. 6. +Section 22865 of the Government Code is amended to read: +22865. +Not later than 30 days prior to the approval of benefits and premium readjustments authorized under Section 22864, the board shall provide an initial estimate of proposed changes and costs in writing to the Joint Legislative Budget Committee, the chairpersons of the committees and subcommittees in each house of the Legislature that consider the Public Employees’ Retirement System’s budget and activities, the State Controller, the Trustees of the California State University, the Department of Human Resources, the Director of Finance, and the Legislative Analyst. +SEC. 7. +Section 22866 of the Government Code is amended to read: +22866. +(a) The board shall report to the Legislature and the Director of Finance annually, on November 1, regarding the health benefits program. The report shall include, but not be limited to the following: +(1) General overview of the health benefits program, including, but not limited to, the following: +(A) Description of health plans and benefits provided, including essential and nonessential benefits as required by state and federal law, member expected out-of-pocket expenses, and actuarial value by metal tier as defined by the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). +(B) Geographic coverage. +(C) Historic enrollment information by basic and Medicare plans, by state and contract agencies, by active and retired membership, and by subscriber and dependent tier. +(D) Historic expenditures by basic and Medicare plans, by state and contract agencies, by active and retired membership, and by subscriber and dependent tier. +(2) Reconciliation of premium increases or decreases from the prior plan year, and the reasons for those changes. +(A) Description of benefit design and benefit changes, including prescription drug coverage, by plan. The description shall detail whether benefit changes were required by statutory mandate, federal law, or an exercise of the board’s discretion, the costs or savings of the benefit change, and the impact of how the changes fit into a broader strategy. +(B) Discussion of risk. +(C) Description of medical trend changes in aggregate service categories for each plan. The aggregate service categories used shall include the standard categories of information collected by the board, consisting of the following: inpatient, emergency room, ambulatory surgery, office, ambulatory radiology, ambulatory lab, mental health and substance abuse, other professional, prescriptions, and all other service categories. +(D) Reconciliation of past year premiums against actual enrollments, revenues, and accounts receivables. +(3) Overall member health as reflected by data on chronic conditions. +(4) The impact of federal subsidies or contributions to the health care of members, including Medicare Part A, Part B, Part C, or Part D, low-income subsidies, or other federal program. +(5) The cost of benefits beyond Medicare contained in the board’s Medicare supplemental plans. +(6) A description of plan quality performance and member satisfaction, including, but not limited to, the following: +(A) The Healthcare Effectiveness Data and Information Set, referred to as HEDIS. +(B) The Medicare star rating for Medicare supplemental plans. +(C) The degree of satisfaction of members and annuitants with the health benefit plans and with the quality of the care provided, to the extent the board surveys participants. +(D) The level of accessibility to preferred providers for rural members who do not have access to health maintenance organizations. +(E) Other applicable quality measurements collected by the board as part of the board’s health plan contracts. +(7) A description of risk assessment and risk mitigation policy related to the board’s self-funded and flex-funded plan offerings, including, but not limited to the following: +(A) Reserve levels and their adequacy to mitigate plan risk. +(B) The expected change in reserve levels and the factors leading to this change. +(C) Policies to reduce excess reserves or rebuild inadequate reserves. +(D) Decisions to lower premiums with excess reserves. +(E) The use of reinsurance and other alternatives to maintaining reserves. +(8) Description and reconciliation of administrative expenditures, including, but not limited to, the following: +(A) Organization and staffing levels, including salaries, wages, and benefits. +(B) Operating expenses and equipment expenditure items, including, but not limited to, internal and external consulting and intradepartmental transfers. +(C) Funding sources. +(D) Investment strategies, historic investment performance, and expected investment returns of the Public Employees’ Contingency Reserve Fund and the Public Employees’ Health Care Fund. +(9) Changes in strategic direction and major policy initiatives. +(b) A report submitted pursuant to subdivision (a) shall be provided in compliance with Section 9795. +SEC. 8. +Section 22940 of the Government Code is amended to read: +22940. +(a) There is in the State Treasury the Annuitants’ Health Care Coverage Fund that is a trust fund and a retirement fund, within the meaning of Section 17 of Article XVI of the California Constitution. Subject to the limitation provided in subdivision (b), notwithstanding Section 13340, all moneys in the fund are continuously appropriated without regard to fiscal years to the board for expenditure for the prefunding of health care coverage for annuitants pursuant to this part, including administrative costs. The board has sole and exclusive control and power over the administration and investment of the Annuitants’ Health Care Coverage Fund and shall make investments pursuant to Part 3 (commencing with Section 20000). +(b) (1) Moneys accumulated in the designated state subaccounts of the fund, or a successor fund, that are derived from investment income shall not be used to pay benefits for state annuitants and dependents until the earlier of: +(A) With regard to a particular designated state subaccount, the date the funded ratio of the designated state subaccount reaches at least 100 percent as determined in that employer’s postemployment benefits actuarial valuation and then only for the purpose of paying benefits for state annuitants and dependents associated with that subaccount. +(B) July 1, 2046. +(2) For purposes of this subdivision, “designated state subaccount” means a separate account maintained within the fund to identify prefunding contributions and assets attributable to a specified state collective bargaining unit or other state entity for the purpose of providing benefits to state annuitants and dependents associated with a specified collective bargaining unit or other state entity. +(3) This subdivision shall not be construed as prohibiting an alternative funding strategy agreed to in a written memorandum of understanding. +SEC. 9. +This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","(1) The Public Employees’ Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees’ Retirement System, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their families. PEMHCA defines “family member” for these purposes. PEMHCA authorizes the board to contract with carriers offering health benefit plans and prohibits employees, annuitants, and their family members who are eligible for Medicare, as specified, from enrolling in a basic health benefit plan. PEMHCA requires the board to make certain notifications and reports to the Legislature in connection with health benefit plans offered pursuant to its provisions. +This bill would clarify the definition of family for the purposes of PEMHCA by specifically excluding former spouses and former domestic partners. The bill would require the employing office, as specified, of a state employee or state annuitant, pursuant to standards established by the Department of Human Resources, to possess documentation verifying eligibility of an employee’s family member prior to the enrollment of a family member in a health benefit plan and to verify continued eligibility pursuant to a specified schedule. The bill would prohibit the board from granting further exceptions to the rule against enrolling employees, annuitants, and their family members who are eligible for Medicare, as specified, in a basic health benefit plan. The bill would revise the entities to which the board is required to provide notification of approval of proposed benefit and premium readjustments to exclude the Legislature as a whole and to instead require provision of an initial estimate of proposed changes in writing to the Joint Legislative Budget Committee, the chairpersons of the committees and subcommittees in each house of the Legislature that consider the Public Employees’ Retirement System’s budget and activities, the Controller, the Director of Finance, and the Legislative Analyst. The bill would specify the latest date that this notification may take place. The bill would require the board to provide a specified, detailed report to the Legislature and the Director of Finance annually, on November 1, regarding the health benefit plans it provides. +(2) PEMHCA establishes the Annuitants’ Health Care Coverage Fund, which is continuously appropriated for the purpose of prefunding of health care coverage for annuitants, including administrative costs. PEMHCA defines “prefunding” for these purposes. +This bill would prohibit the use of certain state funds in the Annuitants’ Health Care Coverage Fund for the payment of benefits until the earlier of 2 specified dates. The bill would revise the definition of prefunding to include employee as well as employer payments and to provide that payments may fund the actuarially determined normal costs of postemployment health care benefits. By providing a new funding source for a continuously appropriated fund, this bill would make an appropriation. +(3) Existing law prescribes the duties of the Controller, which generally regard supervision of the fiscal concerns of the state. Existing law requires the Controller to abolish a state position that is vacant for 6 consecutive monthly pay periods on the following July 1, and permits the Director of Finance to authorize reestablishment of a position abolished pursuant to this authority under certain conditions. Among other things, existing law requires the Controller to reestablish a position abolished pursuant to this authority if the director of the department in which that position existed prior to abolishment makes a certification by August 15, as specified. +This bill would repeal the provisions pertaining to vacant positions described above. +This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to amend Sections 22775, 22781, 22844, 22865, 22866, and 22940 of, to add Section 22843.1 to, and to repeal Section 12439 of, the Government Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget." +22,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 89724 of the Education Code is amended to read: +89724. +(a) All money received in accordance with the following shall be appropriated for the support of the California State University in addition to other amounts as may be appropriated by the Legislature: +(1) All money received from the sale of California State University publications. +(2) All money received under an agreement entered into pursuant to Section 89036. +(3) Except as to the fees and charges specified in subdivisions (g) and (h) of Section 89721, all money collected as fees from students of the California State University and received from other persons under Sections 89030, 89036 to 89039, inclusive, 89700, 89705, 89708, 89709, 89720, and 89721, and money received pursuant to Section 2080.8 of the Civil Code. +(b) Money received under Sections 89720 and 89721, or received pursuant to Section 2080.8 of the Civil Code, is appropriated pursuant to subdivision (a) without regard to fiscal year. Money received pursuant to Section 2080.8 of the Civil Code shall be used for student scholarships and loans pursuant to any regulations the trustees shall +provide, and while held pending the grant of a scholarship or loan, may be invested by the Treasurer upon approval of the trustees, in those eligible securities listed in Section 16430 of the Government Code. All interest or other earnings received pursuant to that investment shall also be used for those scholarships and loans. +provide. +Money received pursuant to Sections 89720 and 89721 may be invested, upon approval of the trustees, by the Treasurer or by the chief fiscal officer of a campus of the California State University, in those eligible securities listed in Section 16430 of the Government Code. Money received +under Sections 89720 and 89721, and received +pursuant to Section 2080.8 of the Civil Code, may +also +be invested, upon approval of the trustees and in accordance with Section 89726, by the chief fiscal officer of a campus of the California State University, in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. All interest and other earnings received pursuant to the investment of money received pursuant to Sections 89720 and 89721 shall also be used for such purposes as may be established by the trustees consistent with the terms and conditions of the gift, bequest, devise, donation, or agreement under Sections 89720 and 89721. Except as otherwise provided with respect to money received pursuant to Section 2080.8 of the Civil Code and Sections 89720 and 89721, all money received pursuant to this section shall augment the support appropriation to the California State University for the fiscal year to which the collections apply. +(c) All money received from the sale or the disposition of real property acquired by or on behalf of a campus of the California State University by gift, devise, or donation pursuant to Section 89720 or pursuant to the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for the acquisition and improvement of real property for the campus, in addition to any other amounts appropriated by the Legislature. All money received from the sale or other disposition of personal property, other than money, acquired by or on behalf of a campus of the California State University by gift, bequest, or donation pursuant to Section 89720 or the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for, or the acquisition and improvement of real or personal property for, the campus, in addition to other amounts appropriated by the Legislature. No money shall be expended by the trustees under this subdivision without the approval of the Director of Finance. The money shall augment the support or capital outlay appropriation of the California State University current at the date of issuance of the Controller’s receipt as may be designated by the trustees prior to +their deposit +the deposit of that money +in the State Treasury. +SEC. 2. +Section 89725 of the Education Code is amended to read: +89725. +(a) Notwithstanding any law to the contrary, grants, revenues, and funds of any nature received by the trustees for research, workshops, conferences, institutes, and special projects from the state, federal government, local government, or private persons, may be transmitted to the Treasurer and, if transmitted, shall be deposited in the California State University Special Projects Fund, which is hereby established in the State Treasury. +(b) All grants, revenues, and funds deposited in the California State University Special Projects Fund are appropriated without regard to fiscal year to the trustees for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University. +(c) Provision shall be made by the trustees for reimbursements to the General Fund for the cost of space and services furnished to projects funded by the California State University Special Projects Fund. +(d) Notwithstanding any law to the contrary, the trustees shall have authority to establish the rules and procedures under which the fund shall operate. All expenditures shall be made in accordance with the rules and procedures, without prior approval of the Department of General Services or the Department of Finance. Expenditures from the fund shall be audited as frequently as the Audits Division of the Department of Finance deems appropriate. +(e) +(1)Except as provided in paragraph (2), moneys +Moneys +in the California State University Special Projects Fund may be invested by the Treasurer or by the chief fiscal officer of a campus of the California State University, upon approval of the trustees, +only +in eligible securities listed in Section 16430 of the Government +Code. +(2)Money received pursuant to Section 2080.8 of the Civil Code, may be invested, upon approval of the trustees and +Code, or, +in accordance with Section 89726, +by the Treasurer or by the chief fiscal officer of a campus of the California State University, +in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange +Commission, +Commission +or in real estate investment trusts. All interest or other earnings received pursuant to those investments shall be collected by the Treasurer and shall be deposited in the fund. +SEC. 3. +Section 89726 is added to the Education Code, to read: +89726. +(a) (1) The trustees may invest in securities or investments not listed in Section 16430 of the Government Code only if the trustees have established a committee to provide advice and expertise on investments. +(2) A majority of the members of the committee shall be individuals who have investment expertise and who are not +trustees. +employees of the California State University. +(3) The trustees shall allow the Treasurer to serve as a member of the committee or to appoint a deputy treasurer to serve as a member of the committee. +(b) The total amount invested in securities or investments not listed in Section 16430 of the Government Code shall not exceed the following amounts: +(1) In the fiscal year ending June 30, 2017, two hundred million dollars ($200,000,000). +(2) In the fiscal year ending June 30, 2018, four hundred million dollars ($400,000,000). +(3) In the fiscal year ending June 30, 2019, six hundred million dollars ($600,000,000). +(4) In the fiscal year ending June 30, 2020, and each fiscal year thereafter, thirty percent of all moneys invested pursuant to Sections 89724 and 89725. +(c) (1) The trustees shall receive an investment performance report quarterly and distribute an annual report to the Legislature, in compliance with Section 9795 of the Government Code, and the Department of Finance. +(2) The investment performance reports shall include investment returns, comparisons to benchmarks, holdings, market values, and fees. +(d) Any additional moneys earned through investments in securities or investments not listed in Section 16430 of the Government Code shall be used only for capital outlay or maintenance. +(e) The trustees shall not submit a request to the Department of Finance or the Legislature for any funds to compensate for investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code. +(f) The trustees shall not cite investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code to justify approval of an increase in student tuition or fees.","Existing law authorizes the Treasurer or chief fiscal officer of a campus of the California State University to invest certain money received by the California State University in eligible securities and in investment certificates or withdrawal shares in federal or state credit unions doing business in this state as long as any money invested in this manner is fully insured by the National Credit Union Administration. +This bill would authorize the Treasurer or chief fiscal officer of a campus of the California State University to invest +certain of those moneys +that money +in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. The bill would impose specified requirements on the Trustees of the California State University relating to those types of investments. +Existing law establishes the California State University Special Projects Fund, which consists of grants, revenues, and funds for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University. Existing law authorizes the Treasurer to invest money from the fund in eligible securities. +This bill would authorize the Treasurer or chief fiscal officer of a campus of the California State University to invest the money in the California State University Special Projects Fund in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. +This bill would limit the total amount invested in these mutual funds and real estate investment trusts to specified amounts for each fiscal year, until, commencing with the 2019–20 fiscal year, up to 30% of that money could be invested in these asset categories.","An act to amend Sections 89724 and 89725 of, and to add Section 89726 to, the Education Code, relating to the California State University." +23,"The people of the State of California do enact as follows: + + +SECTION 1. +Section +12803.2.5 +13295.6 +is added to the Government Code, to read: +12803.2.5. +13295.6. +(a) The +Secretary of Government Operations shall contract with an independent, third-party consulting firm to +Office of State Audits and Evaluations within the Department of Finance shall +assess the degree to which each activity and position related to the energy responsibilities of the Public Utilities Commission, as identified in the commission’s zero-based budget conducted pursuant to Section 318 of the Public Utilities Code, supports the core mission of the commission and to make recommendations as to how resources might be better allocated to achieve the core mission objectives of the commission. +(b) The +contracted consulting firm +office +shall provide to the Joint Legislative Budget Committee +and the Department of Finance +monthly updates on the progress of the assessment. +(c) (1) By April 1, 2016, the +Secretary of Government Operations +office +shall, pursuant to Section 9795, submit to the Legislature a report on the assessment. +(2) Pursuant to Section 10231.5, this subdivision is inoperative on April 1, 2020. +(d) The Public Utilities Commission shall reimburse the +Government Operations Agency +Department of Finance +for the costs incurred pursuant to this section upon request by the +agency +department +and appropriation by the Legislature. +SEC. 2. +Section 25751 of the Public Resources Code is amended to read: +25751. +(a) The Renewable Resource Trust Fund is hereby created in the State Treasury. +(b) The Emerging Renewable Resources Account is hereby established within the Renewable +Resources +Resource +Trust Fund. Notwithstanding Section 13340 of the Government Code, the moneys in the account are hereby continuously appropriated to the commission without regard to fiscal years for the following purposes: +(1) To close out the award of incentives for emerging technologies in accordance with former Section 25744, as this law existed prior to the enactment of the Budget Act of 2012, for which applications had been approved before the enactment of the Budget Act of 2012. +(2) To close out consumer education activities in accordance with former Section 25746, as this law existed prior to the enactment of the Budget Act of 2012. +(3) To provide funding for the New Solar Homes Partnership pursuant to paragraph (3) of subdivision (e) of Section 2851 of the Public Utilities Code. +(c) The Controller shall provide to the commission funds pursuant to the continuous appropriation in, and for purposes specified in, subdivision (b). +(d) The Controller shall provide to the commission moneys from the fund sufficient to satisfy all contract and grant awards that were made by the commission pursuant to former Sections 25744 and 25746, and Chapter 8.8 (commencing with Section 25780), as these laws existed prior to the enactment of the Budget Act of 2012. +(e) If the Public Utilities Commission determines that the State Energy Resources Conservation and Development Commission should be the third-party administrator for the New Solar Homes Partnership Program pursuant to subparagraph (A) of paragraph (3) of subdivision (e) of Section 2851 of the Public Utilities Code, any additional moneys made available to fund the New Solar Homes Partnership Program shall be deposited into the Emerging Renewable Resources Account of the Renewable Resource Trust Fund and used for this purpose. +SEC. 3. +Section 306 of the Public Utilities Code is amended to read: +306. +(a) The office of the commission shall be in the City and County of San Francisco. The office shall always be open, legal holidays and nonjudicial days excepted. The commission shall hold its sessions at least once in each calendar month in the City and County of San +Francisco. +Francisco or the City of Sacramento. +The commission may also meet at such other times and in such other places as may be expedient and necessary for the proper performance of its duties, and for that purpose may rent quarters or offices. +(b) The meetings of the commission shall be open and public in accordance with the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. +In addition to the requirements of Section 11125 of the Government Code, the commission shall include in its notice of meetings the agenda of business to be transacted, and no item of business shall be added to the agenda subsequent to the notice in the absence of an unforeseen emergency situation. A rate increase shall not constitute an unforeseen emergency situation. As used in this subdivision, “meeting” shall include all investigations, proceedings, and showings required by law to be open and public. +(c) The commission shall have a seal, bearing the inscription “Public Utilities Commission State of California.” The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct. +(d) The commission may procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus, and appliances. +SEC. 4. +Section 307.1 is added to the Public Utilities Code, to read: +307.1. +(a) The commission shall notify the Joint Legislative Budget Committee when it enters into a contract for outside legal counsel to represent the commission in any criminal investigation at an expense exceeding one million dollars ($1,000,000) and shall provide a copy of the contract to that committee within 10 days of it being approved by the Department of General Services. +(b) A contract of any size entered into by the commission for outside legal counsel in any criminal investigation shall not include terms providing for the representation of individual employees except as provided in Section 995.9 of the Government Code. Copies of any contract for the representation of individual employees in a criminal investigation pursuant to Section 995.9 of the Government Code shall be provided to the Joint Legislative Budget Committee within 10 days of the date the contract is approved by the Department of General Services. +SEC. 2. +SEC. 5. +Section 309.5 of the Public Utilities Code is amended to read: +309.5. +(a) There is within the commission an independent Office of Ratepayer Advocates to represent and advocate on behalf of the interests of public utility customers and subscribers within the jurisdiction of the commission. The goal of the office shall be to obtain the lowest possible rate for service consistent with reliable and safe service levels. For revenue allocation and rate design matters, the office shall primarily consider the interests of residential and small commercial customers. +(b) (1) The director of the office shall be appointed by, and serve at the pleasure of, the Governor, subject to confirmation by the Senate. +(2) The director shall annually appear before the appropriate policy committees of the Assembly and the Senate to report on the activities of the office. +(c) The director shall develop a budget for the office that shall be subject to final approval of the Department of Finance. As authorized in the approved budget, the office shall employ personnel and resources, including attorneys and other legal support staff, at a level sufficient to ensure that customer and subscriber interests are effectively represented in all significant proceedings. The office may employ experts necessary to carry out its functions. The director may appoint a lead attorney who shall represent the office, and shall report to and serve at the pleasure of the director. +(d) The commission shall coordinate with the office to develop appropriate procedures to ensure that the existence of the office does not create a conflict of roles for any employee. The procedures shall include, but shall not be limited to, the development of a code of conduct and procedures for ensuring that advocates and their representatives on a particular case or proceeding are not advising decisionmakers on the same case or proceeding. +(e) The office may compel the production or disclosure of any information it deems necessary to perform its duties from any entity regulated by the commission, provided that any objections to any request for information shall be decided in writing by the assigned commissioner or by the president of the commission, if there is no assigned commissioner. +(f) There is hereby created the Public Utilities Commission Ratepayer Advocate Account in the General Fund. Moneys from the Public Utilities Commission Utilities Reimbursement Account in the General Fund shall be transferred in the annual Budget Act to the Public Utilities Commission Ratepayer Advocate Account. The funds in the Public Utilities Commission Ratepayer Advocate Account shall be a budgetary program fund administered and utilized exclusively by the office in the performance of its duties as determined by the director. The director shall annually submit a staffing report containing a comparison of the staffing levels for each five-year period. +(g) On or before January 10 of each year, the office shall provide to the chairperson of the fiscal committee of each house of the Legislature and to the Joint Legislative Budget Committee all of the following information: +(1) The number of personnel years utilized during the prior year by the Office of Ratepayer Advocates. +(2) The total dollars expended by the Office of Ratepayer Advocates in the prior year, the estimated total dollars expended in the current year, and the total dollars proposed for appropriation in the following budget year. +(3) Workload standards and measures for the Office of Ratepayer Advocates. +(h) The office shall meet and confer in an informal setting with a regulated entity prior to issuing a report or pleading to the commission regarding alleged misconduct, or a violation of a law or a commission rule or order, raised by the office in a complaint. The meet and confer process shall be utilized in good faith to reach agreement on issues raised by the office regarding any regulated entity in the complaint proceeding. +SEC. 3. +Section 326.6 is added to the +Public Utilities Code +, to read: +326.6. +The commission shall not fund any program by a state entity using charges collected from ratepayers unless expressly authorized to do so by statute enacted by the Legislature, including the annual Budget Act. +SEC. 4. +SEC. 6. +Section 326.7 is added to the Public Utilities Code, to read: +326.7. +The +commission, +Department of Finance, +on a semiannual basis, shall provide to the Joint Legislative Budget Committee a written notification of any redirection of funds and +positions, +positions within the commission, +including +any +loaning +of +staff to other state agencies or departments. +SEC. 5. +SEC. 7. +Section 327.5 is added to the Public Utilities Code, to read: +327.5. +(a) The California Research Bureau shall conduct a review of the organization of the commission to ensure that the commission is the best governmental entity to continue to direct, regulate, and oversee activities under the commission’s jurisdiction, including safety enforcement, in energy, communications, transportation, and water sectors, to determine whether other governmental entities are duplicating the activities of the commission, and to determine whether other governmental entities are better situated to regulate and oversee those activities. +(b) In conducting the review, the California Research Bureau, in consultation with appropriate state entities, shall do all of the following: +(1) Make recommendations as to which state or local agencies are best suited to regulate and oversee those activities specified in subdivision (a). +(2) Make recommendations for improving oversight, regulation, and efficiency to best serve California’s ratepayers, businesses, and utilities. +(3) Estimate the costs associated with the implementation of its recommendations. +SEC. 8. +Section 769.5 is added to the Public Utilities Code, to read: +769.5. +(a) By April 1, 2016, the commission shall establish an expedited distribution grid interconnection dispute resolution process with the goal of resolving disputes over interconnection applications that are within the jurisdiction of the commission in no more than 60 days from the time the dispute is formally brought to the commission. +(b) The expedited distribution grid interconnection dispute resolution process shall include the following elements: +(1) A distribution grid interconnection technical advisory panel consisting of at least eight individuals selected by the commission. Four of the technical advisory panel members shall be from electrical corporations and four shall not be from electrical corporations. The commission shall determine the length of the term of each member. If any member of the panel is an employee of, or contractor to, an electrical corporation, an employee of a vendor with an open application, or has a financial interest or financial relationship to a person or corporation with a financial interest in the outcome of the decision, that member shall not participate in any discussion involving that electrical corporation, vendor, or financially interested person or corporation. +(2) A review panel of four members shall be selected from the technical advisory panel for each dispute. +(3) If an applicant is unable to resolve an interconnection-related dispute after working with the electrical corporation operating the distribution grid, the applicant may seek resolution of the dispute using the commission’s expedited distribution grid interconnection dispute resolution process. +(4) Upon agreeing to a final settlement of the dispute, parties shall be free to withdraw from the dispute resolution process. +(5) If the dispute is filed with the commission, the commission shall ensure that a technical advisory panel shall review the dispute and make a recommendation to the executive director of the commission within 30 days of receiving the dispute. +(6) The commission shall establish a public process to allow the electrical corporation, the applicant, and other interested parties to file written comments on the recommendation of the technical advisory panel. +(7) The panel shall request appropriate documents from the electrical corporation involved in the dispute, including, but not limited to, interconnection application studies. +(8) The scope of the technical advisory panel’s review shall be limited to issues regarding compliance with the established interconnection rules. Any recommendations shall ensure safe and reliable interconnection. +(9) The scope of the technical advisory panel’s review is limited to making recommendations to resolve specific customer disputes and recommending associated corrective actions, and the panel shall have no authority to assess penalties. +(10) Upon receipt of the recommendation from the technical advisory panel, the executive director shall have 30 days to review the recommendation and to prepare an order to the electrical corporation resolving the dispute. If the review panel from the technical advisory panel cannot agree on recommendations, then each recommendation of a review panel member shall be submitted to the executive director, who shall make the decision resolving the dispute. +(11) Any interested person seeking commission review of the executive director’s determination shall file the request for review within 10 days of the determination. Upon receipt of the request for review, the executive director or the energy division director shall prepare a proposed resolution of the matter for approval by the commission. +(c) The commission shall provide the members of the technical advisory panel that are not from electrical corporations with an appropriate per diem compensation consistent with Section 19822.5 of the Government Code. +SEC. 6. +SEC. 9. +The Public Utilities Commission shall report to the relevant policy and fiscal committees of the Legislature on the outcomes of the California Hub for Energy Efficiency Financing, or CHEEF, program. The commission shall not approve any extension of the CHEEF program sooner than 30 days after making its report pursuant to this section. +SEC. 7. +SEC. 10. +The sum of five million dollars ($5,000,000) is hereby appropriated from the Public Utilities Commission Utilities Reimbursement Account to the Public Utilities Commission for the support of the commission. +SEC. 8. +SEC. 11. +This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","The California Constitution establishes the Public Utilities Commission +(PUC) +with jurisdiction over all public utilities, authorizes the +commission +PUC +to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process, and authorizes the +commission +PUC +to fix the rates and establish rules for public utilities, subject to control by the Legislature. +The +The Public Utilities Act provides that the office of the PUC shall be in the City and County of San Francisco, requires that the PUC hold its sessions at least once in each calendar month in the City and County of San Francisco, and authorizes the PUC to also meet at those other times and places as may be expedient and necessary for the proper performance of its duties. +This bill would require that the PUC hold its sessions at least once in each calendar month in the City and County of San Francisco or the City of Sacramento. +The Public Utilities Act authorizes the PUC to appoint an attorney for the PUC who holds that office at the pleasure of the PUC. The act requires the PUC’s attorney to commence, prosecute, and expedite the final determination of all actions and proceedings directed or authorized by the president, except as otherwise directed or authorized by vote of the PUC, to advise the PUC and each commissioner in regard to all matters in connection with the powers and duties of the PUC or a commissioner, when requested, and generally to perform all duties and services as attorney to the PUC that the president, or vote of the PUC, may require of him or her. +This bill would require the PUC to notify the Joint Legislative Budget Committee when it enters into a contract for outside legal counsel to represent the PUC in any criminal investigation at an expense exceeding $1,000,000 and to provide a copy of the contract to that committee within 10 days of it being approved by the Department of General Services. +Existing law provides that upon request made in writing to a public entity, that public entity may, in its discretion, defend or indemnify or defend and indemnify any witness who has testified on behalf of the public entity in any criminal, civil, or administrative action, except as specified. +This bill would prohibit the PUC from including in a contract for outside legal counsel terms providing for the representation in any criminal matter of individual employees except as provided in the above-described law. The bill would require the PUC to supply the Joint Legislative Budget Committee with a copy of the contract to represent an individual employee in a criminal investigation pursuant to the above-described law within 10 days of the date the contract is approved by the Department of General Services. +The +Public Utilities Act establishes an independent Office of Ratepayer Advocates within the +Public Utilities Commission, +PUC +to represent the interests of public utility customers and subscribers, with the goal of obtaining the lowest possible rate for service consistent with reliable and safe service levels. Existing law requires the director of the office to develop a budget for the office that is submitted to the Department of Finance for final approval. Existing law authorizes the director of the office to appoint a lead attorney to represent the office and requires the lead attorney to obtain adequate legal personnel for the work to be conducted by the office from the +Public Utilities Commission’s +PUC’s +attorney and requires the +Public Utilities Commission’s +PUC’s +attorney to timely and appropriately fulfill all requests for legal personnel made by the lead attorney for the office, provided the office has sufficient moneys and positions in its budget for the services requested. Existing law requires the +commission +PUC +to develop appropriate procedures to ensure that the existence of the office does not create a conflict of roles for any employee. +This bill would delete the requirement that the lead attorney obtain adequate legal personnel for the work to be conducted by the office from the +Public Utilities Commission’s +PUC’s +attorney and the requirement that the +Public Utilities Commission’s +PUC’s +attorney timely and appropriately fulfill all requests for legal personnel made by the lead attorney for the office. The bill would require the +commission +PUC +to coordinate with the office in developing appropriate procedures to ensure that the existence of the office does not create a conflict of roles for any employee. +The California Constitution provides that the Legislature has plenary power, unlimited by the other provisions of the constitution, to confer additional authority and jurisdiction upon the commission that is cognate and germane to the regulation of public utilities. The Public Utilities Act authorizes the commission to supervise and regulate every public utility and to do all things that are necessary and convenient in the exercise of its power and jurisdiction whether specifically designated in the act or in addition thereto. +This bill would prohibit the commission from funding any program by a state entity using charges collected from public utility ratepayers unless expressly authorized to do so by statute enacted by the Legislature, including the annual Budget Act. +Existing law requires the +commission +PUC +to submit to the Joint Legislative Budget Committee reports on all sources and amount of funding and actual and proposed expenditures for various activities. +This bill would require the +commission, +Department of Finance, +on a semiannual basis, to provide the Joint Legislative Budget Commission a written notification of any redirection of funds and +positions, +positions within the PUC, +including +any +loaning +of +staff to other state agencies or departments. The bill would require the California Research Bureau to conduct a review of the organization of the +commission +PUC +to ensure that the +commission +PUC +is the best governmental entity to direct, regulate, and oversee specified public utility sectors. +Existing decisions of the +commission +PUC +establish the California Hub for Energy Efficiency Financing, or CHEEF, program, a 2-year pilot program administered by the California Alternative Energy and Advanced Transportation Financing Authority and funded through charges collected by specified electrical corporations and gas corporations from their ratepayers. +The bill would require the commission to report to the relevant policy and fiscal committees of the Legislature on the outcomes of the CHEEF program and would prohibit the +commission +PUC +from approving any extension of the program sooner than 30 days after making its report. +Existing law establishes the Government Operations Agency consisting of certain state entities, including the Department of Human Resources, which is governed by the Secretary of Government Operations. +Existing law places various duties upon the PUC with respect to distributed generation and requires each electrical corporation, as defined, to submit to the PUC for its approval a distribution resources plan proposal to identify optimal locations for the deployment of distributed resources, as defined. Pursuant to existing law, the PUC has established operational and metering requirements for a generation facility to be interconnected to an electrical corporation’s distribution grid. +This bill would require the PUC, by April 1, 2016, to establish an expedited distribution grid interconnection dispute resolution process, as specified, with the goal of resolving disputes over interconnection applications within the jurisdiction of the PUC in no more than 60 days from the time the dispute is formally brought to the PUC. +Decisions of the PUC adopted the California Solar Initiative administered by electrical corporations and subject to the PUC’s supervision. Existing law requires the PUC and the State Energy Resources Conservation and Development Commission (Energy Commission) to undertake certain steps in implementing the California Solar Initiative and requires the PUC to ensure that the total cost over the duration of the program does not exceed $3,550,800,000. Existing law specifies that the financial components of the California Solar Initiative include the New Solar Homes Partnership Program, which is administered by the Energy Commission. Existing law requires the program to be funded by charges in the amount of $400,000,000 collected from customers of the state’s 3 largest electrical corporations. If moneys from the Renewable Resource Trust Fund for the program are exhausted, existing law authorizes the PUC, upon notification by the Energy Commission, to require those electrical corporations to continue the administration of the program pursuant to the guidelines established by the Energy Commission for the program until the $400,000,000 monetary limit is reached. Existing law authorizes the PUC to determine if a 3rd party, including the Energy Commission, should administer the electrical corporations’ continuation of the program. Existing law makes the New Solar Homes Partnership Program inoperative on June 1, 2018, and requires any funding made available be encumbered no later than June 1, 2018, and disbursed no later than December 31, 2021. +If the PUC determines that the Energy Commission should be the 3rd-party administrator for the New Solar Homes Partnership Program, this bill would require that any additional moneys made available to fund the New Solar Homes Partnership Program be deposited into the Emerging Renewable Resources Account of the Renewable Resource Trust Fund and used for this purpose. +Existing law authorizes the Department of Finance to furnish services, or provide work for, any other state agency as requested by the Legislature and authorizes the department to charge an amount sufficient to recover the cost of furnishing services or the work performed. +The +This +bill would require the +Secretary of Government Operations to contract with an independent, 3rd-party consulting firm to +Office of State Audits and Evaluations within the Department of Finance to +assess the degree to which each activity and position related to the energy responsibilities of the +commission +PUC +supports the core mission of the +commission. +PUC and to make recommendations as to how resources might be better allocated to achieve the core mission objectives of the PUC. +The bill would require the +secretary, +office, +by April 1, 2016, to submit a report to the Legislature on the assessment. +The bill would require the PUC to reimburse the department for the costs incurred by the office upon request by the department. +The bill would appropriate $5,000,000 to the +commission +PUC +for the support of the +commission. +PUC. +This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to add Section +12803.2.5 +13295.6 +to the Government Code, +to amend Section 25751 of the Public Resources Code, +and to amend +Section +Sections 306 and +309.5 of, and to add Sections +326.6, +307.1, +326.7, +and 327.5 +327.5, and 769.5 +to, the Public Utilities Code, relating to the Public Utilities Commission, and making an appropriation therefor, to take effect immediately, bill related to the budget." +24,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 208.3 is added to the Welfare and Institutions Code, to read: +208.3. +(a) For purposes of this section, the following definitions shall apply: +(1) “Juvenile facility” includes any of the following: +(A) A juvenile hall, as described in Section 850. +(B) A juvenile camp or ranch, as described in Article 24 (commencing with Section 880). +(C) A facility of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. +(D) A regional youth educational facility, as described in Section 894. +(E) A youth correctional center, as described in Article 9 (commencing with Section 1850) of Chapter 1 of Division 2.5. +(F) Any other local or state facility used for the confinement of minors or wards. +(2) “Minor” means a person who is any of the following: +(A) A person under 18 years of age. +(B) A person under the maximum age of juvenile court jurisdiction who is confined in a juvenile facility. +(C) A person under the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. +(3) “Solitary confinement” means the placement of an incarcerated person in a locked sleep room or cell alone with minimal or no contact with persons other than guards, correctional facility staff, and attorneys. Solitary confinement does not include confinement of a person in a single-person room or cell for brief periods of locked-room confinement necessary for required institutional operations, including, but not limited to, shift changes, showering, unit movements, and protection against communicable diseases with the written approval of a licensed physician for the shortest amount of time required to reduce the risk of infection in cases where a person is not required to be in an infirmary for an illness. +(4) “Voluntary time out” means a brief period of time in a sleep room or cell upon the written and signed request of the person confined in a juvenile facility. +(5) “Ward” means a person who has been declared a ward of the court pursuant to subdivision (a) of Section 602. +(b) A person confined in a juvenile facility who is an imminent danger to himself, herself, or others as a result of a mental disorder, or who is gravely disabled, as defined in subdivision (h) of Section 5008, shall not be subject to solitary confinement. +(c) A person confined in any secure state or local juvenile facility, and who is not described in subdivision (b), shall be subject to solitary confinement only if all of the following are true: +(1) The person poses an immediate and substantial risk of harm to the security of the facility, to himself or herself, or to others that is not the result of a mental disorder. +(2) All other less-restrictive options to address the risk have been attempted and exhausted. +(3) The performance of solitary confinement is done in accordance with the following guidelines: +(A) The person may be held in solitary confinement only for the minimum time required to address the risk, and for a period of time that does not compromise the mental and physical health of the minor or ward, but not to exceed four hours. After the person is held in solitary confinement, the person shall be returned to regular programming or placed in individualized programming that does not involve solitary confinement. If a person who is released from solitary confinement and is returned to regular or individualized programming poses an immediate and substantial risk of harm to himself or herself, or to others, he or she may be placed back into solitary confinement only in accordance with the protections and requirements of this section, and that confinement shall be treated as a new and separate use of solitary confinement for the purposes of subdivisions (c), (d), and (e). +(B) If a person in solitary confinement poses a risk of harm to himself or herself that is not a result of a mental disorder, the condition of the person shall be monitored closely by custody staff of the juvenile facility. +(C) The use of consecutive periods of solitary confinement in excess of four hours shall be prohibited. +(d) Solitary confinement shall not be used for the purposes of discipline, punishment, coercion, convenience, or retaliation by staff. +(e) For each incident when solitary confinement is used, each local and state juvenile facility shall document the usage of solitary confinement, including all of the following: +(1) The name, age, gender, and race of the person subject to solitary confinement. +(2) The date and time the person was placed in solitary confinement. +(3) The date and time the person was released from solitary confinement. +(4) The name and position of person authorizing the placement of the person in solitary confinement. +(5) The names of staff involved in the incident leading to the use of solitary confinement. +(6) A description of circumstances leading to use of solitary confinement. +(7) A description of alternative actions and sanctions attempted and found unsuccessful. +(8) The dates and times when staff checked in on the person when he or she was in solitary confinement, and the person’s behavior during the check. +(f) The records described in subdivisions (e) and (h), excluding any identifying information, shall be available for public inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). +(g) If a state or local juvenile facility currently documents the usage of solitary confinement consistent with the requirements imposed under subdivision (e) and meets the requirements of subdivision (f), then duplicative documentation shall not be required. +(h) A person confined in a juvenile facility may request a voluntary time out for no longer than two +hours. +hours in a 24 +-hour period. +During any voluntary time out, the person +shall +may +participate in all programming and meals. The person may end his or her voluntary time out at any point upon notifying a staff member. Voluntary time outs shall be documented and include the name of the person requesting the time out, his or her signature, when the voluntary time out began, and when it ended. +(i) This section is not intended to limit the use of single-person rooms or cells for the housing of persons in juvenile facilities. +(j) This section does not apply to minors or wards in court holding facilities or adult facilities. +(k) Nothing in this section shall be construed to conflict with any law providing greater or additional protections to minors or wards. +SEC. 2. +Section 225 of the Welfare and Institutions Code is amended to read: +225. +(a) In each county there shall be a juvenile justice commission consisting of not less than 7 and no more than 15 citizens. Two or more of the members shall be persons who are 14 to 21 years of age, inclusive. Two or more of the members shall be parents or guardians of previously incarcerated youth. One member shall be a licensed psychiatrist, licensed psychologist, or licensed clinical social worker with expertise in adolescent development. Each person serving as a member of a probation committee immediately prior to September 15, 1961, shall be a member of the juvenile justice commission and shall continue to serve until his or her term of appointment as a member of the probation committee would have expired under any prior law. Upon a vacancy occurring in the membership of the commission, and upon the expiration of the term of office of any member, a successor shall be appointed by the presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court for a term of four years. If a vacancy occurs for any reason other than the expiration of a term of office, the appointee to fill the vacancy shall hold office for the unexpired term of his or her predecessor. +(b) Appointments may be made by the presiding judge of the superior court, in the same manner designated in this section for the filling of vacancies, to increase the membership of a commission to the maximum of 15 members in any county that has a commission with a membership of less than 15 members. +(c) In any county in which the membership of the commission, on the effective date of amendments to this section enacted at the 1971 Regular Session of the Legislature, exceeds the maximum number permitted by this section, no additional appointments shall be made until the number of commissioners is less than the maximum number permitted by this section. In any case, that county’s commission membership shall, on or after January 1, 1974, be no greater than the maximum number permitted by this section. +SEC. 3. +Section 226 of the Welfare and Institutions Code is amended to read: +226. +In lieu of county juvenile justice commissions, the boards of supervisors of two or more adjacent counties may agree to establish a regional juvenile justice commission consisting of not less than 10 citizens, and having a sufficient number of members so that their appointment may be equally apportioned between the participating counties. Two or more of the members shall be persons who are 14 to 21 years of age, inclusive. Two or more of the members shall be parents or guardians of previously incarcerated youth. One member shall be a licensed psychiatrist, licensed psychologist, or licensed clinical social worker with expertise in adolescent development. The presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court of each of the participating counties shall appoint an equal number of members to the regional justice commission and the members shall hold office for a term of four years. Of those first appointed, however, if the number of members appointed is an even number, one-half shall serve for a term of two years and one-half shall serve for a term of four years. If the number of members first appointed is an odd number, the greater number nearest one-half shall serve for a term of two years and the remainder shall serve for a term of four years. The respective terms of the members first appointed shall be determined by lot as soon as possible after their appointment. Upon a vacancy occurring in the membership of the commission, and upon the expiration of the term of office of any member, a successor shall be appointed by the presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court of the county that originally appointed the vacating or retiring member. If a vacancy occurs for any reason other than the expiration of a term of office, the appointee shall hold office for the unexpired term of his or her predecessor. +SEC. 4. +Section 229 of the Welfare and Institutions Code is amended to read: +229. +(a) It shall be the duty of a juvenile justice commission to inquire into the administration of the juvenile court law in the county or region in which the commission serves. For this purpose the commission shall have access to all publicly administered institutions authorized or whose use is authorized by this chapter situated in the county or region, shall inspect those institutions at least once a year, and may hold public hearings. A judge of the juvenile court may issue subpoenas requiring attendance and testimony of witnesses and production of papers at hearings of the commission. +(b) A juvenile justice commission shall annually inspect any jail, lockup, or facility within the county that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor. As a part of the annual inspection, a juvenile justice commission shall review the records of the jail, lockup, or facility relating to the use of solitary confinement, as defined in paragraph (3) of subdivision (a) of Section 208.3. The commission shall report the results of the inspection, together with its recommendations based thereon, in writing, to the juvenile court, the county board of supervisors, and to the Board of State and Community Corrections. The report shall be presented annually as part of a regularly scheduled public meeting of the county board of supervisors, and may be published on the county government’s Internet Web site. +SEC. 5. +Section 230 of the Welfare and Institutions Code is amended to read: +230. +A juvenile justice commission may recommend to any person charged with the administration of any of the provisions of this chapter those changes it has concluded, after investigation, will be beneficial. A commission may publicize its recommendations on the county government’s Internet Web site or other publicly accessible medium. +SEC. 6. +The Legislature finds and declares that Section 1 of this act, which adds Section 208.3 to the Welfare and Institutions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +In order to protect the privacy and medical information of persons confined in secure state and local juvenile facilities and held in solitary confinement, it is necessary that identifying information about those persons be kept confidential. +SEC. 7. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law permits minors who are detained in juvenile hall for habitual disobedience, truancy, or curfew violation to be held in the same facility as minors who are detained for violating any law or ordinance defining a crime, if they do not come or remain in contact with each other. Existing law also permits the detention of minors in jails and other secure facilities for the confinement of adults if the minors do not come or remain in contact with confined adults and other specified conditions are met. +Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary detention for a period of 72 hours for the evaluation of a person, including a minor who is dangerous to himself or herself or others, or gravely disabled, as defined. +This bill would prohibit a person confined in a juvenile facility who is an imminent danger to himself, herself, or others as a result of a mental disorder, or who is gravely disabled, from being subject to solitary confinement. The bill would also prohibit a person, other than a person described above, who is detained in any secure state or local juvenile facility from being subject to solitary confinement unless certain conditions are satisfied, including that the person poses an immediate and substantial risk of harm to the security of the facility, to himself or herself, or to others that is not the result of a mental disorder. The bill would permit, if those conditions are satisfied, the person to be held in solitary confinement only in accordance with specified guidelines, including that the person be held in solitary confinement only for the minimum time required to address the risk, and that does not compromise the mental and physical health of the person, but no longer than 4 hours. The bill would require each local and state juvenile facility to document the usage of solitary confinement, as prescribed. The bill would authorize a person confined in a juvenile facility to request a voluntary time out, as defined, for no longer than 2 hours +in a 24 +-hour period +and would require voluntary time outs to be documented. By increasing the duties of local juvenile facilities, the bill would impose a state-mandated local program. +(2) Existing law establishes a juvenile justice commission in each county, but authorizes the boards of supervisors of 2 or more adjacent counties to agree to establish a regional juvenile justice commission in lieu of a county juvenile justice commission. Existing law specifies the membership of these commissions, including that 2 or more members shall be persons who are 14 to 21 years of age, inclusive, and that a regional juvenile justice commission shall consist of not less than 8 citizens. +This bill would increase the membership of a regional juvenile justice commission to no less than 10 members. The bill would also require that 2 or more members of a juvenile justice commission or a regional juvenile justice commission be parents or guardians of previously incarcerated youth, and one member be a licensed psychiatrist, licensed psychologist, or licensed clinical social worker with expertise in adolescent development. +Existing law requires a juvenile justice commission to annually inspect any jail or lockup that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor, and to report the results of the inspection, together with its recommendations based thereon, in writing, to the juvenile court and the Board of State and Community Corrections. +This bill would instead require a juvenile justice commission to inspect any jail, lockup, or facility that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor and would require, as a part of that inspection, a review of the records of the jail, lockup, or facility relating to the use of solitary confinement. The bill would require the commission to report the results of the inspection, together with its recommendations based thereon, in writing, to the juvenile court, the Board of State and Community Corrections, and the county board of supervisors. The bill would require the commission to annually present its report at a regularly scheduled public meeting of the county board of supervisors, and to publish the report on the county government’s Internet Web site. The bill also would authorize a commission to publicize its recommendations made to any person charged with administration of the Juvenile Court Law on the county government’s Internet Web site or other publicly accessible medium. +By increasing the duties of local commissions and county boards of supervisors, this bill would impose a state-mandated local program. +(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect. +(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 225, 226, 229, and 230 of, and to add Section 208.3 to, the Welfare and Institutions Code, relating to juveniles." +25,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature hereby finds and declares as follows: +(a) Many areas of the state are disproportionately impacted by drought because they are heavily dependent or completely reliant on groundwater from basins that are in overdraft and in which the water table declines year after year or from basins that are contaminated. +(b) There are a number of state grant and loan programs that provide financial assistance to communities to address drinking water and wastewater needs. Unfortunately, there is no program in place to provide similar assistance to individual homeowners who are reliant on their own groundwater wells and who may not be able to afford conventional private loans to undertake vital water supply, water quality, and wastewater improvements. +(c) The program created by this act is intended to bridge that gap by providing low-interest loans, grants, or both, to individual homeowners to undertake actions necessary to provide safer, cleaner, and more reliable drinking water and wastewater treatment. These actions may include, but are not limited to, digging deeper wells, improving existing wells and related equipment, addressing drinking water contaminants in the homeowner’s water, or connecting to a local water or wastewater system. +SEC. 2. +Chapter 6.6 (commencing with Section 13486) is added to Division 7 of the Water Code, to read: +CHAPTER 6.6. Water and Wastewater Loan and Grant Program +13486. +(a) The board shall establish a program in accordance with this chapter to provide low-interest loans and grants to local agencies for low-interest loans and grants to eligible applicants for any of the following purposes: +(1) Extending or connecting service lines from a water or wastewater system to the applicant’s residence or plumbing. +(2) Paying reasonable charges or fees for connecting to a water or wastewater system. +(3) Paying costs to close abandoned septic tanks and water wells, as necessary, to protect health and safety as required by local or state law. +(4) Deepening an existing groundwater well. +(5) Improving an existing groundwater well, including associated equipment. +(6) Installing a water treatment system if the groundwater exceeds a primary or secondary drinking standard, as defined in Section 116275 of the Health and Safety Code. +(b) The board may adopt any regulation it determines is necessary to carry out the purposes of the chapter. A regulation adopted pursuant to this subdivision shall not be subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. +13487. +(a) The Water and Wastewater Loan and Grant Fund is hereby created in the State Treasury. The moneys in the Water and Wastewater Loan and Grant Fund are available, upon appropriation by the Legislature, to the board for expenditure in accordance with this chapter. +(b) The following moneys shall be deposited in the Water and Wastewater Loan and Grant Fund: +(1) Moneys repaid to the board pursuant to a grant or loan made in accordance with this chapter, including interest payments. +(2) Notwithstanding Section 16475 of the Government Code, any interest earned upon the moneys in the Water and Wastewater Loan and Grant Fund. +13488. +(a) An eligible applicant for a loan shall meet all of the following criteria: +(1) Have a household income below the statewide median household income. +(2) Have an ownership interest in the residence. +(3) Be unable to obtain financial assistance at reasonable terms and conditions from private lenders and lack the personal resources to undertake these improvements. +(4) Demonstrate an ability to repay the loan. This requirement may be satisfied by having another party join the application as a cosigner. +(b) Any loan granted shall be secured by a mortgage on the residence and repaid within 20 years in accordance with terms established by the board. The interest rate on the loan shall not exceed 1 percent. While any balance on the loan is outstanding, a loan recipient shall furnish evidence of and continually maintain homeowner’s insurance on the security residence to protect the state’s interest in the residence. +(c) The board may enter into a contract with a private financial institution to provide loans consistent with the purposes of this chapter. If the board exercises this authority, the board may utilize a portion of the moneys in the Water and Wastewater Loan and Grant Fund to provide a loan guarantee or similar loss mitigation mechanism. +13489. +(a) An eligible applicant for a grant shall meet all of the following criteria: +(1) Have a household income that is 60 percent or less of the statewide median household income. +(2) Have an ownership interest in the residence. +(3) Be unable to obtain financial assistance at reasonable terms and conditions from private lenders and lack the personal resources to undertake these improvements. +(b) A grant recipient shall repay to the board the grant amount in full if that recipient sells the residence less than five years from the date that the grant agreement was signed. +(c) A grant recipient shall repay to the board any unused grant funds. +SEC. 3. +Ten million dollars ($10,000,000) is hereby transferred from the General Fund to the Water and Wastewater Loan and Grant Fund. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to provide eligible households with access to safer, cleaner, and more reliable drinking water and wastewater treatment during California’s prolonged drought, it is necessary that this act take effect immediately. +SECTION 1. +Section 21168.6.7 is added to the +Public Resources Code +, to read: +21168.6.7. +(a)For the purposes of this section “water project” means a project funded, in whole or in part, with proceeds of bonds sold pursuant to the Water Quality, Supply and Infrastructure Improvement Act of 2014 (Division 26.7 (commencing with Section 79700) of the Water Code). +(b)Notwithstanding any other law, the procedures established pursuant to subdivision (c) shall apply to an action or proceeding brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water project or the granting of any approvals for a water project. +(c)On or before July 1, 2016, the Judicial Council shall adopt a rule of court to establish procedures applicable to actions or proceedings brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water project or the granting of any project approvals that require the actions or proceedings, including any potential appeals therefrom, be resolved, to the extent feasible, within 270 days of certification of the record of proceedings pursuant to subdivision (e). +(d)(1)   The draft and final environmental impact report for a water project shall include a notice in not less than 12-point type stating the following: +THIS EIR IS SUBJECT TO SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR. +(2)The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section. +(3)Within 10 days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that report. +(4)Within 10 days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report. +(5)(A)   Within five days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation. The lead agency and applicant shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 days after the close of the public comment period. +(B)A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated. +(C)The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years experience in land use and environmental law or science, or mediation. The applicant shall bear the costs of mediation. +(D)A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute. +(E)The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency, the applicant, and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this subparagraph shall not raise the issue addressed by that measure as a basis for an action or proceeding challenging the lead agency’s decision to certify the environmental impact report or to grant one or more initial project approvals. +(6)The lead agency need not consider written comments submitted after the close of the public comment period, unless those comments address any of the following: +(A)New issues raised in the response to comments by the lead agency. +(B)New information released by the public agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents. +(C)Changes made to the project after the close of the public comment period. +(D)Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting and monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, where the lead agency releases those documents subsequent to the release of the draft environmental impact report. +(E)New information that was not reasonably known and could not have been reasonably known during the public comment period. +(7)The lead agency shall file the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152 within five days after the last initial project approval. +(e)(1)   The lead agency shall prepare and certify the record of the proceedings in accordance with this subdivision and in accordance with Rule 3.1365 of the California Rules of Court. The applicant shall pay the lead agency for all costs of preparing and certifying the record of proceedings. +(2)No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to or relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared or received by the lead agency. +(3)Notwithstanding paragraph (2), documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index must specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review. +(4)The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any such comment available to the public in a readily accessible electronic format within five days of its receipt. +(5)Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format. +(6)The lead agency shall indicate in the record of the proceedings comments received that were not considered by the lead agency pursuant to paragraph (6) of subdivision (d) and need not include the content of the comments as a part of the record. +(7)Within five days after the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152, the lead agency shall certify the record of the proceedings for the approval or determination and shall provide an electronic copy of the record to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy. +(8)Within 10 days after being served with a complaint or a petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court. +(9)Any dispute over the content of the record of the proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record shall file a motion to augment the record at the time it files its initial brief. +(10)The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6. +(f)(1)   (A)   In granting relief in an action or proceeding brought pursuant to this division, the court shall not stay or enjoin the construction or operation of a water project unless the court finds either of the following: +(i)The continued construction or operation of the water project presents an imminent threat to the public health and safety. +(ii)The water project site contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continued construction or operation of the water project unless the court stays or enjoins the construction or operation of the water project. +(B)If the court finds that clause (i) or (ii) is satisfied, the court shall only enjoin those specific activities associated with the water project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values. +(2)An action or proceeding to attack, set aside, void, or annul a determination, finding, or decision of the lead agency granting a subsequent project approval shall be subject to the requirements of Chapter 6 (commencing with Section 21165). +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","Existing law, the Safe Drinking Water State Revolving Fund Law of 1997, establishes the Safe Drinking Water State Revolving Fund to provide grants or revolving fund loans for the design and construction of projects for public water systems that will enable those systems to meet safe drinking water standards. +This bill would require the State Water Resources Control Board to establish a program to provide low-interest loans and grants to local agencies for low-interest loans and grants to eligible applicants for specified purposes relating to drinking water and wastewater treatment. This bill would create the Water and Wastewater Loan and Grant Fund and provide that the moneys in this fund are available, upon appropriation by the Legislature, to the board for expenditure for the program. This bill would transfer to the Water and Wastewater Loan and Grant Fund $10,000,000 from the General Fund. +This bill would declare that it is to take effect immediately as an urgency statute. +(1)The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA and a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency’s action on the grounds of noncompliance with CEQA. +The Water Quality, Supply, and Infrastructure Improvement Act of 2014, (Proposition 1), approved by the voters on the November 2, 2014 statewide general election, authorizes the issuance of bonds in the amount of $7,120,000,000 pursuant to the State General Obligation Bond Law to finance a water quality, supply, and infrastructure improvement program. +This bill would require the public agency, in certifying the environmental impact report and in granting approvals for projects funded, in whole or in part, by Proposition 1, including the concurrent preparation of the record of proceedings and the certification of the record of proceeding within 5 days of the filing of a specified notice, to comply with specified procedures. Because a public agency would be required to comply with those new procedures, this bill would impose a state-mandated local program. The bill would require the Judicial Council, on or before July 1, 2016, to adopt a rule of court to establish procedures applicable to actions or proceedings seeking judicial review of a public agency’s action in certifying the environmental impact report and in granting project approval for those projects that require the actions or proceedings, including any appeals therefrom, be resolved, to the extent feasible, within 270 days of the certification of the record of proceedings. The bill would prohibit a court from staying or enjoining those projects unless it makes specified findings. +(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 21168.6.7 to the Public Resources Code, relating to environmental quality. +An act to add Chapter 6.6 (commencing with Section 13486) to Division 7 of the Water Code, relating to water, and declaring the urgency thereof, to take effect immediately." +26,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2196 of the Elections Code is amended to read: +2196. +(a) (1) Notwithstanding any other provision of law, a person who is qualified to register to vote and who has a valid California driver’s license or state identification card may submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State. +(2) An affidavit submitted pursuant to this section is effective upon receipt of the affidavit by the Secretary of State if the affidavit is received on or before the last day to register for an election to be held in the precinct of the person submitting the affidavit. +(3) The affiant shall affirmatively attest to the truth of the information provided in the affidavit. +(4) For voter registration purposes, the applicant shall affirmatively assent to the use of his or her signature from his or her driver’s license or state identification card. +(5) For each electronic affidavit, the Secretary of State shall obtain an electronic copy of the applicant’s signature from his or her driver’s license or state identification card directly from the Department of Motor Vehicles. +(6) The Secretary of State shall require a person who submits an affidavit pursuant to this section to submit all of the following: +(A) The number from his or her California driver’s license or state identification card. +(B) His or her date of birth. +(C) The last four digits of his or her social security number. +(D) Any other information the Secretary of State deems necessary to establish the identity of the affiant. +(7) Upon submission of an affidavit pursuant to this section, the electronic voter registration system shall provide for immediate verification of both of the following: +(A) That the applicant has a California driver’s license or state identification card and that the number for that driver’s license or identification card provided by the applicant matches the number for that person’s driver’s license or identification card that is on file with the Department of Motor Vehicles. +(B) That the date of birth provided by the applicant matches the date of birth for that person that is on file with the Department of Motor Vehicles. +(8) The Secretary of State shall +employ +use +security measures to ensure the accuracy and integrity of voter registration affidavits submitted electronically pursuant to this section. +(b) The Department of Motor Vehicles shall +utilize +use +the electronic voter registration system required by this section to comply with its duties and responsibilities as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.). +(c) The Department of Motor Vehicles and the Secretary of State shall develop a process and the infrastructure to allow the electronic copy of the applicant’s signature and other information required under this section that is in the possession of the department to be transferred to the Secretary of State and to the county election management systems to allow a person who is qualified to register to vote in California to register to vote under this section. +(d) If an applicant cannot electronically submit the information required pursuant to paragraph (6) of subdivision (a), he or she shall nevertheless be able to complete the affidavit of voter registration electronically on the Secretary of State’s Internet Web site, print a hard copy of the completed affidavit, and mail or deliver the hard copy of the completed affidavit to the Secretary of State or the appropriate county elections official. +(e) This chapter shall become operative upon the date that either of the following occurs: +(1) The Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.). +(2) The Secretary of State executes a declaration stating that all of the following conditions have occurred: +(A) The United States Election Assistance Commission has approved the use of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301) funding to provide online voter registration in advance of the deployment of the statewide voter registration database or other federal funding is available and approved for the same purpose. +(B) The Department of Motor Vehicles and the Secretary of State have developed a process and the infrastructure necessary to implement paragraph (5) of subdivision (a). +(C) All county election management systems have been modified to receive and store electronic voter registration information received from the Secretary of State in order to allow a person who is qualified to register to vote in California to register to vote under this section. +(f) For purposes of implementing this chapter as expeditiously as possible, if it becomes operative pursuant to paragraph (2) of subdivision (e), the Secretary of State’s office shall be exempt from information technology requirements included in Sections 11545, 11546, and 11547 of the Government Code and Section 12100 of the Public Contract Code, and from information technology project and funding approvals included in any other provision of law.","Under existing law, operative when the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 or executes a declaration stating that certain conditions have occurred, a person who is qualified to register to vote and who has a valid California driver’s license or state identification card is authorized to submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State. +This bill would make technical, nonsubstantive changes to those provisions.","An act to amend Section 2196 of the Elections Code, relating to elections." +27,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 1.1 (commencing with Section 7283.60) is added to Part 1.7 of Division 2 of the Revenue and Taxation Code, to read: +CHAPTER 1.1. Voluntary Occupancy Tax Collection +7283.60. +For purposes of this chapter, the following terms have the following meanings: +(a) “Participating platform” means a platform that assumes the responsibility for collecting and remitting to a city, county, or city and county on behalf of an operator in a participating jurisdiction pursuant to this chapter, the amount of transient occupancy tax on a rental transaction that is facilitated by the platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator within a participating jurisdiction. +(b) “Participating jurisdiction” means a city, county, or city and county that has adopted a resolution that permits a participating platform to collect and remit all transient occupancy tax on rental transactions that are facilitated by the platform for any unit that is offered for occupancy for tourist or transient use for compensation to an operator within its jurisdiction and has notified the Controller pursuant to subdivision (b) of Section 7283.63, and in which a participating platform is collecting and remitting transient occupancy tax on rental transactions that are facilitated by the platform for any unit that is offered for occupancy for tourist or transient use for compensation to an operator within its jurisdiction. +(c) “Operator” means a person offering, through a platform, to make a unit available for tourist or transient use. +(d) “Personally identifiable information” means operator information and identifiable transaction-level records. “Operator information” means a taxpayer’s or operator’s identifying information, including without limitation, the taxpayer’s or operator’s name, the taxpayer’s or operator’s address, and the property address of any unit made available by an operator or occupied by a taxpayer through a participating platform. “Identifiable transaction-level records” means any information that reveals the amount of rent collected or the amount of transient occupancy tax collected with respect to any individual transaction or any individual operator. +(e) “Platform” means a marketplace that is created for the primary purpose of facilitating the rental of a unit offered for occupancy for tourist or transient use for compensation to the operator of that unit, and the owner of the marketplace derives revenues, including booking fees or advertising revenues, from providing or maintaining that marketplace. “Facilitating” includes, but is not limited to, the act of allowing the operator of the unit to offer or advertise the unit on the Internet Web site provided or maintained by the owner of the platform. +(f) “Transient occupancy tax” means a tax on the privilege of occupying a room or rooms, or other living space, in a hotel, inn, tourist home or house, motel, or other lodging unless the occupancy is for a period of more than 30 days. +7283.61. +On and after July 1, 2017, every participating platform shall collect on behalf of an operator the amount of any transient occupancy tax on every rental transaction that is facilitated by the participating platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator and is located within a participating jurisdiction. The participating platform shall remit the amount to the participating jurisdiction pursuant to applicable requirements of local ordinances governing the remission, but not the reporting, of the tax. +7283.62. +On or before March 1, 2017, the Controller shall develop and publicly notice both of the following: +(a) Procedures that a platform shall use to notify the Controller if the platform elects to, or discontinues its election to, become a participating platform. +(b) Procedures that a city, county, or city and county shall use to notify the Controller if the city, county, or city and county elects to, or discontinues its election to, become a participating jurisdiction. +7283.63. +(a) On or before March 1, 2017, a platform may elect to become a participating platform by using the procedures developed pursuant to subdivision (a) of Section 7283.62 to notify the Controller of the platform’s election. +(b) On or before April 30, 2017, a city, county, or city and county may elect by resolution to become a participating jurisdiction by using the procedures developed pursuant to subdivision (b) of Section 7283.62 to notify the Controller of the city’s, county’s, or city and county’s election. +(c) An election made pursuant to this section is effective upon receipt by the Controller and until discontinued by the platform or city, county, or city and county pursuant to Section 7283.65, except that a city, county, or city and county’s election pursuant to this section shall not be effective as to a participating platform that, on or before June 15, 2017, notifies the Controller that the participating platform will not collect and remit transient occupancy tax in the city, county, or city and county. +(d) The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform and each city, county, or city and county that has provided a notification to the Controller pursuant to this section as soon as possible upon receipt, but in no event later than May 31, 2017. +7283.64. +On or after July 1, 2017, a platform that did not elect to become a participating platform pursuant to Section 7283.63 or had previously elected to discontinue its status as a participating platform may elect or reelect to become a participating platform by using the procedures developed pursuant to subdivision (a) of Section 7283.62 to notify the Controller of the platform’s election. An election made pursuant to this section is effective six months after receipt by the Controller or the date specified in the notice, whichever is later, and until discontinued by the platform pursuant to Section 7283.65. The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform that has provided a notification to the Controller pursuant to this section as soon as possible upon receipt. +7283.65. +(a) A participating platform may elect to discontinue its status as a participating platform by using the procedures developed pursuant to subdivision (a) of Section 7283.62 to notify the Controller of the participating platform’s election. An election made pursuant to this subdivision is effective on the first day of the month that is six months after the date of the election. A participating platform may notify the Controller that the participating platform will discontinue collecting and remitting transient occupancy tax in any participating jurisdiction that amends or otherwise alters the ordinance, rules, or provisions applicable to transient occupancy tax in the participating jurisdiction upon the effective date of the amendments or alterations. +(b) On or before June 30, 2018, or June 30 of any year thereafter, a participating jurisdiction may elect to discontinue its status as a participating jurisdiction, or a city, county, or city and county may elect to become a participating jurisdiction, by using the procedures developed pursuant to subdivision (b) of Section 7283.62 to notify the Controller of the participating jurisdiction’s or city’s, county’s, or city and county’s election. An election made by June 30 of any year pursuant to this subdivision is effective on January 1 of the following year after the election, except that a city, county, or city and county’s election pursuant to this subdivision shall not be effective as to a participating platform that, on or before November 15 of the year in which the election is made, notifies the Controller that the participating platform will not collect and remit transient occupancy tax in the city, county, or city and county. +(c) The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform and each city, county, or city and county that has provided a notification to the Controller pursuant to this section as soon as possible upon receipt. +7283.66. +(a) By December 31, 2018, and by December 31 of each year thereafter, the Controller shall review or audit a participating platform’s collection and remittance of tax revenue pursuant to Section 7283.61 and shall submit a final report to each participating jurisdiction in which the participating platform collected and remitted taxes. The final report shall not disclose any personally identifiable information and shall contain only the following information: +(1) A general description of the Controller’s review or audit findings. +(2) The aggregate amount of taxes collected and remitted to each participating jurisdiction by each participating platform during the period covered by the report. +(3) An identification of any errors in the collection and remittance of tax revenues within the participating jurisdiction that were determined as a result of any review or audit in the participating jurisdiction that were not remediated, including by payment of all amounts owing, within 90 days. +(4) The participating platform’s response, if any, to errors identified by any audit or review in the participating jurisdiction that were not remediated, including by payment of all amounts owing, within 90 days. +(b) (1) The Controller shall only request the participating platform to submit personally identifiable information as reasonably necessary to (i) verify a participating platform’s proper application of geographic boundaries and (ii) verify proper collection and remittance of transient occupancy tax, and shall not disclose to a participating jurisdiction, publicly disclose, or otherwise make known in any manner whatsoever any personally identifiable information obtained from a participating platform or other person in the course of conducting an audit or review required by this section. +(2) When requested by a participating jurisdiction, the Controller shall permit any duly authorized officer or employee of that participating jurisdiction to examine the records of the Controller, excluding any personally identifiable information, pertaining to any audit or review of collections by a participating platform within that participating jurisdiction. Except as otherwise provided herein, this paragraph shall not be construed to allow any officer or employee of that participating jurisdiction to request or examine any records other than records in the Controller’s possession that were obtained in the course of its review or audit of transient occupancy taxes collected by a participating platform within that participating jurisdiction. +(c) A platform or a participating jurisdiction may appeal any findings identified in a review or audit report submitted pursuant to subdivision (a) by providing a notice of appeal to the Controller’s General Counsel. The notice of appeal shall be filed within 60 days from the date of the final review or audit report and shall identify the issues being appealed and the basis and reason for the appeal. The Controller’s General Counsel shall review the issues appealed and may hold an informal appeal conference for purposes of taking additional information and shall issue a determination within 90 days of receipt of the appeal. +(d) The Controller may recover the reasonable costs, measured by the Controller’s standard rate, of an audit or review conducted pursuant to subdivision (a) or an appeal conducted pursuant to subdivision (c) from the participating platform that was audited or reviewed. +(e) This section shall not apply to cities, counties, or cities and counties that are not participating jurisdictions. +7283.67. +This chapter does not limit the existing authority of a city, county, or city and county to regulate operators, including any local regulation that requires operators to provide information concerning transactions conducted in the city, county, or city and county, provided that the requirements do not discriminate against transactions facilitated through a platform. +7283.68. +A participating platform’s collection and remittance of transient occupancy tax pursuant to this chapter shall be subject to audit or review only by the Controller, pursuant to the requirements of Section 7283.66. A participating platform shall not be required to comply with audit or review requirements or requests regarding the participating platform’s collection and remittance of transient occupancy tax pursuant to this chapter in any participating jurisdiction, or to related requests or requirements for personally identifiable information, by any participating jurisdiction. +7283.69. +A participating platform that complies with audit or review parameters established by the Controller pursuant to Section 7283.66 shall not be required to provide personally identifiable information to a participating jurisdiction, except pursuant to an order by a court of competent jurisdiction. +7283.70. +This chapter shall not be construed +as creating +to alter or otherwise modify +any legal duty or requirement for a participating platform to collect or remit transient occupancy taxes in a city, county, or city and county that is not a participating jurisdiction. +SEC. 2. +The Legislature finds and declares that Section 1 of this act, which adds Section 7283.66 to the Revenue and Taxation Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +People who rent units for tourist or transient use through platforms have a reasonable expectation of privacy, as against public disclosure, in their rental of those units and in the personally identifiable information they provide to platforms in connection with those rentals. Limiting the disclosure of that personally identifiable information in any records obtained or generated by the Controller pertaining to audits or reviews of a platform’s collection and remittance of transient occupancy taxes furthers the purposes of Section 3 of Article I of the California Constitution by appropriately balancing the interest in public disclosure with the interest in preserving the privacy and confidentiality of that personally identifiable information.","Existing law authorizes a city, county, or city and county to impose taxes within its jurisdiction, as provided, including a transient occupancy tax. +This bill would authorize a city, county, or city and county to elect to allow platforms, as defined, that elect to assume the responsibility of collecting and remitting transient occupancy taxes on behalf of operators, to collect and remit those taxes to that city, county, or city and county, as specified. For cities, counties, and cities and counties that notify the Controller of their election by April 30, 2017, and for platforms that notify the Controller of their election by March 1, 2017, this collection and remittance would begin on July 1, 2017. For platforms and cities, counties, or cities and counties that provide notifications to the Controller after those dates, the collection and remittance would begin at least 6 months after notification, as specified. The bill would authorize a city, county, or city and county to discontinue an election and would make this discontinuance effective at least 6 months after notification to the Controller. The bill would also authorize a platform to discontinue its election, entirely or in part, effective as specified. +This bill, by December 31, 2018, and by December 31 of each year thereafter, would require the Controller to review or audit a platform’s collection and remittance of tax revenue pursuant to the above-described provisions, would further require the Controller to submit a final report containing specific information to each city, county, or city and county in which the platform collected and remitted taxes, and would authorize the platform or the city, county, or city and county to appeal findings identified in the report, as provided. +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to add Chapter 1.1 (commencing with Section 7283.60) to Part 1.7 of Division 2 of the Revenue and Taxation Code, relating to hosting platforms." +28,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19801 of the Business and Professions Code is amended to read: +19801. +The Legislature hereby finds and declares all of the following: +(a) State law prohibits commercially operated lotteries, banked or percentage games, and gambling machines, and strictly regulates parimutuel wagering on horse racing. To the extent that state law categorically prohibits certain forms of gambling and prohibits gambling devices, nothing herein shall be construed, in any manner, to reflect a legislative intent to relax those prohibitions. +(b) The State of California has permitted the operation of gambling establishments for more than 100 years. Gambling establishments were first regulated by the State of California pursuant to legislation +which +that +was enacted in 1984. Gambling establishments currently employ more than 20,000 people in the State of California, and contribute more than one hundred million dollars ($100,000,000) in taxes and fees to California’s government. Gambling establishments are lawful enterprises in the State of California +, +and are entitled to full protection of the laws of this state. +(c) Gambling can become addictive and is not an activity to be promoted or legitimized as entertainment for children and families. +(d) Unregulated gambling enterprises are inimical to the public health, safety, welfare, and good order. Accordingly, no person in this state has a right to operate a gambling enterprise except as may be expressly permitted by the laws of this state and by the ordinances of local governmental bodies. +(e) It is the policy of this state that gambling activities that are not expressly prohibited or regulated by state law may be prohibited or regulated by local government. Moreover, it is the policy of this state that no new gambling establishment may be opened in a city, county, or city and county in which a gambling establishment was not operating on and before January 1, 1984, except upon the affirmative vote of the electors of that city, county, or city and county. +(f) It is not the purpose of this chapter to expand opportunities for gambling, or to create any right to operate a gambling enterprise in this state or to have a financial interest in any gambling enterprise. Rather, it is the purpose of this chapter to regulate businesses that offer otherwise lawful forms of gambling games. +(g) Public trust that permissible gambling will not endanger public health, safety, or welfare requires that comprehensive measures be enacted to ensure that gambling is free from criminal and corruptive elements, that it is conducted honestly and competitively, and that it is conducted in suitable locations. +(h) Public trust and confidence can only be maintained by strict and comprehensive regulation of all persons, locations, practices, associations, and activities related to the operation of lawful gambling establishments and the manufacture and distribution of permissible gambling equipment. +(i) All gambling operations, all persons having a significant involvement in gambling operations, all establishments where gambling is conducted, and all manufacturers, sellers, and distributors of gambling equipment must be licensed and regulated to protect the public health, safety, and general welfare of the residents of this state as an exercise of the police powers of the state. +(j) To ensure that gambling is conducted honestly, competitively, and free +of +from +criminal and corruptive elements, all licensed gambling establishments in this state +must +shall +remain open to the general +public +public, +and the access of the general public to licensed gambling activities +must +shall +not be restricted in any manner, except as provided by the Legislature. However, subject to state and federal prohibitions against discrimination, nothing +herein +in this chapter +shall be construed to preclude exclusion of unsuitable persons from licensed gambling establishments in the exercise of reasonable business judgment. +(k) In order to effectuate state policy as declared +herein, +in this section, +it is necessary that gambling establishments, activities, and equipment be licensed, that persons participating in those activities be licensed or registered, that certain transactions, events, and processes involving gambling establishments and owners of gambling establishments be subject to prior approval or permission, that unsuitable persons not be permitted to associate with gambling activities or gambling establishments, and that gambling activities take place only in suitable locations. Any license or permit issued, or other approval granted pursuant to this chapter, is declared to be a revocable privilege, and no holder acquires any vested right +therein or thereunder. +in that license, permit, or other approval or under this chapter. +(l) The location of lawful gambling premises, the hours of operation of those premises, the number of tables permitted in those premises, and wagering limits in permissible games conducted in those premises are proper subjects for regulation by local governmental bodies. However, consideration of those same subjects by a state regulatory agency, as specified in this chapter, is warranted when local governmental regulation respecting those subjects is inadequate or the regulation fails to safeguard the legitimate interests of residents in other governmental jurisdictions. +(m) The exclusion or ejection of certain persons from gambling establishments is necessary to effectuate the policies of this chapter and to maintain effectively the strict regulation of licensed gambling. +(n) Records and reports of cash and credit transactions involving gambling establishments may have a high degree of usefulness in criminal and regulatory investigations and, therefore, licensed gambling operators may be required to keep records and make reports concerning significant cash and credit transactions.","The Gambling Control Act provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law makes related findings and declarations. +This bill would make technical, nonsubstantive changes to these provisions.","An act to amend Section 19801 of the Business and Professions Code, relating to gambling." +29,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature hereby finds and declares all of the following: +(a) In April 2007, the Sacramento Area Flood Control Agency (SAFCA) secured the support of property owners in the Sacramento region for the imposition of a special benefit assessment to fund the local share of the cost of the levee improvement projects along the American and Sacramento Rivers, including the Natomas Basin, and the project to modify Folsom Dam to provide the Sacramento region with at least a 200-year level of flood protection based on current estimates of the runoff likely to be produced by such a flood event. Later that year, the Legislature passed Senate Bill 276, enacted as Chapter 641 of the Statutes of 2007, which modified existing state authorizations for these projects in order to continue the historic federal-state-local cost-sharing partnership governing the projects and ensure that project construction could move forward as quickly as possible. +(b) Since 2007, more than one billion dollars ($1,000,000,000) in federal, state, and local funds has been expended on these projects in a manner that has substantially increased the ability of the existing flood control system to protect heavily urbanized areas within the City of Sacramento and the Counties of Sacramento and Sutter against very rare floods. +(c) Much of this work has occurred in the Natomas Basin where SAFCA, with the state’s financial assistance, has raised and strengthened about 18 miles of the most vulnerable segments of the perimeter levee system protecting the Natomas Basin. Because of changes in federal and state engineering standards since 2007, these improvements and the improvements needed for the remainder of the perimeter levee system have greatly exceeded the scope of the Natomas Levee Improvement Project set forth in the Final Engineer’s Report dated April 19, 2007, which governed SAFCA’s special benefit assessment proceedings and informed the Legislature’s accompanying project authorization. +(d) The full scope of the work necessary to provide the Natomas Basin with at least a 200-year level of flood protection is described in an engineering report prepared in 2010 by the United States Army Corps of Engineers (Corps) for the American River Watershed, Common Features Project, Natomas Basin. This report, which outlines the steps the Corps will take to complete the work in Natomas initiated by the state and SAFCA, was transmitted to Congress by the Chief of Engineers of the Corps in December 2010 and adopted by Congress as part of the Water Resources Reform and Development Act of 2014 (Public Law 113-121). +(e) Consistent with its historic practice of providing state approval for federally authorized projects affecting the State Plan of Flood Control, the Legislature has determined that modification of the 2007 state authorization for the Natomas Levee Improvement Project is warranted in order to enlarge the scope of the authorized project to match the federal authorization without altering the federal-state-local cost sharing made applicable to the project under the 2007 authorization. +SEC. 2. +Section 12670.14 of the Water Code is amended to read: +12670.14. +The following projects in areas within the City of Sacramento and the Counties of Sacramento and Sutter are adopted and authorized at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation upon the recommendation and advice of the department or the Central Valley Flood Protection Board: +(a) The project for flood control in the Natomas and North Sacramento areas adopted and authorized by Congress in Section 9159 of the Department of Defense Appropriations Act of 1993 (Public Law 102-396) substantially in accordance with the recommendations of the Chief of Engineers in the report entitled “American River Watershed Investigation” dated July 1, 1992. +(b) The project for flood control along the American and Sacramento Rivers adopted and authorized by Congress in Section 101(a)(1) of the Water Resources Development Act of 1996 (Public Law 104-303) substantially in accordance with the recommendations of the Chief of Engineers in the report entitled “American River Watershed Project, California” dated June 27, 1996, as modified by Congress in Section 366 of the Water Resources Development Act of 1999 (Public Law 106-53), as further modified to include the project features necessary to provide a 200-year level of flood protection along the American and Sacramento Rivers and within the Natomas Basin as described in the Final Engineer’s Report dated April 19, 2007, adopted by the Sacramento Area Flood Control Agency, and as further modified by the 2010 final feasibility study for the American River Watershed, Common Features Project, Natomas Basin, adopted by Congress in Section 7002 of the Water Resources Reform and Development Act of 2014 (Public Law 113-121). +(c) The project to modify Folsom Dam adopted and authorized by Congress in Section 101(a)(6) of the Water Resources Development Act of 1999 (Public Law 106-53), as described in the United States Army Corps of Engineers Supplemental Information Report for the American River Watershed Project, California, dated March 1996, as modified by the report entitled “Folsom Dam Modification Report, New Outlets Plan,” dated March 1998, prepared by the Sacramento Area Flood Control Agency, and as further modified by the Post-Authorization Change Report, American River Watershed Project (Folsom Dam Modification and Folsom Dam Raise Projects), dated March 2007, adopted by Congress in Section 3029 of the Water Resources Development Act of 2007 (Public Law 110-114). +(d) (1) The project for flood control, environmental restoration, and recreation along south Sacramento County streams adopted and authorized by Congress in Section 101(a)(8) of the Water Resources Development Act of 1999 (Public Law 106-53) as described in the report of the Chief of Engineers entitled “South Sacramento County Streams, California” dated October 6, 1998. +(2) Notwithstanding Section 12657, at the discretion of the Central Valley Flood Protection Board, the Sacramento Area Flood Control Agency may provide, for the project described in paragraph (1), the assurances of local cooperation satisfactory to the Secretary of the Army, in accordance with Section 12657, in lieu of assurances by the Central Valley Flood Protection Board.","Existing law provides for state cooperation with the federal government in the construction of specified flood control projects. Existing law adopts and authorizes federally adopted and approved projects, including a 200-year level of flood protection in the Natomas Basin, in areas within the City of Sacramento and the Counties of Sacramento and Sutter. The projects are authorized at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation upon the recommendation and advice of the Department of Water Resources or the Central Valley Flood Protection Board, formerly known as the Reclamation Board. +This bill would describe the Natomas Basin flood protection project as further modified by a specified report adopted by Congress. The bill would make technical, nonsubstantive changes.","An act to amend Section 12670.14 of the Water Code, relating to water resources." +30,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10159.5 of the Business and Professions Code is amended to read: +10159.5. +(a) (1) Every person applying for a license under this chapter who desires to have the license issued under a fictitious business name shall file with his or her application a certified copy of his or her fictitious business name statement filed with the county clerk pursuant to Chapter 5 (commencing with Section 17900) of Part 3 of Division 7. +(2) A responsible broker may, by contract, permit a salesperson to do all of the following: +(A) File an application on behalf of a responsible broker with a county clerk to obtain a fictitious business name. +(B) Deliver to the bureau an application, signed by the responsible broker, requesting the bureau’s approval to use a county approved fictitious business name that shall be identified with the responsible broker’s license number. +(C) Pay for any fees associated with filing an application with a county or the bureau to obtain or use a fictitious business name. +(D) Maintain ownership of a fictitious business name, as defined in paragraph (2) of subdivision (a) of Section 10159.7, that may be used subject to the control of the responsible broker. +(b) (1) A salesperson using a fictitious business name authorized by subdivision (a), shall use that name only as permitted by his or her responsible broker. +(2) This section does not change a real estate broker’s duties under this division to supervise a salesperson. +(c) A person applying to a county for a fictitious business name pursuant to subdivision (a) may file his or her application in the county or counties where the fictitious business name will be used. +(d) Advertising and solicitation materials, including business cards, print or electronic media and “for sale” signage, using a fictitious business name obtained in accordance with paragraph (2) of subdivision (a) shall include the responsible broker’s identity, as defined in paragraph (1) of subdivision (a) of Section 10159.7, in a manner equally as prominent as the fictitious business name. +(e) Notwithstanding subdivision (b) of Section 10140.6, advertising and solicitation materials, including print or electronic media and “for sale” signage, containing a fictitious business name obtained in accordance with paragraph (2) of subdivision (a) shall include the name and license number of the salesperson who is using the fictitious business name. +(f) Notwithstanding Section 10185, a violation of this section is not a misdemeanor. +SEC. 2. +Section 10159.6 of the Business and Professions Code is amended to read: +10159.6. +All of the following apply to use of a team name, as defined in paragraph (5) of subdivision (a) of Section 10159.7: +(a) Notwithstanding subdivision (b) of Section 10140.6, advertising and solicitation materials that contain a team name, including print or electronic media and “for sale” signage, shall include, and display in a conspicuous and prominent manner, the team name and the name and license number of at least one of the licensed members of the team. +(b) The responsible broker’s identity, as defined in paragraph (1) of subdivision (a) of Section 10159.7, shall be displayed as prominently and conspicuously as the team name in all advertising and solicitation materials. +(c) The advertising and solicitation materials shall not contain terms that imply the existence of a real estate entity independent of the responsible broker. +(d) Notwithstanding Section 10185, a violation of this section is not a misdemeanor. +SEC. 3. +Section 10159.7 of the Business and Professions Code is amended to read: +10159.7. +(a) For the purposes of this article, the following definitions shall apply: +(1) “Responsible broker’s identity” means a name and the associated license identification number under which the responsible broker is currently licensed by the bureau and conducts business in general or is a substantial division of the real estate firm. Responsible broker’s identity does not include a fictitious business name obtained pursuant to paragraph (2) of subdivision (a) of Section 10159.5 or the use of a team name pursuant to Section 10159.6. +(2) “Fictitious business name” means a professional identity or brand name under which activity requiring a real estate license is conducted and the use of which is subject to approval by the bureau pursuant to Section 10159.5. +(3) “Ownership of a fictitious business name” means the right to use, renew, and control the use of a fictitious business name obtained in accordance with Section 10159.5. +(4) “Responsible broker” means the broker responsible for the exercise of control and supervision of salespersons under Section 10159.2, or a licensee subject to discipline under subdivision (h) of Section 10177 for failure to supervise activity requiring a real estate license. The supervision of a salesperson required under this part or any other law is limited to regulatory compliance and consumer protection. +(5) “Team name” means a professional identity or brand name used by a salesperson, and one or more other real estate licensees, for the provision of real estate licensed services. Notwithstanding any other law, the use of a team name does not require that a separate license be issued for that name pursuant to Section 10159.5. A team name does not constitute a fictitious business name for purposes of this part or any other law or for purposes of filing a fictitious business name statement with an application as required by subdivision (a) of Section 10159.5 if all of the following apply: +(A) The name is used by two or more real estate licensees who work together to provide licensed real estate services, or who represent themselves to the public as being a part of a team, group, or association to provide those services. +(B) The name includes the surname of at least one of the licensee members of the team, group, or association in conjunction with the term “associates,” “group,” or “team.” +(C) The name does not include any term or terms, such as “real estate broker,” “real estate brokerage,” “broker,” or “brokerage” or any other term that would lead a member of the public to believe that the team is offering real estate brokerage services, that imply or suggest the existence of a real estate entity independent of a responsible broker. +(b) Nothing in this section changes a real estate broker’s duties under this division to supervise a salesperson. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to ensure that the law regarding “team names” is applied consistently at the state and local level and that a “team name” does not constitute a fictitious business name for purposes of any law, it is necessary that this act take effect immediately.","Existing law provides for the licensure and regulation of real estate brokers and real estate salespersons by the Bureau of Real Estate headed by the Real Estate Commissioner. Existing law requires an applicant who desires to have his or her license issued under a fictitious business name to file with his or her application a certified copy of his or her fictitious business name statement. Existing law authorizes a responsible broker, as defined, by contract, to permit a salesperson to apply for a fictitious business name with the appropriate county, and to maintain ownership of a fictitious business name. Existing law defines a team name and provides, for purposes of the provisions described above, that a team name is not a fictitious business name if specified criteria apply. +This bill would provide that a team name is also not a fictitious business name for purposes of any other law or for purposes of filing a fictitious business name statement with an application as described above when the criteria apply. This bill would make technical and clarifying changes to the provisions described above. +Existing law requires advertising and solicitation materials using a fictitious business name or that contain a team name to display the responsible broker’s identity, as provided. Existing law defines “responsible broker’s identity” to mean the name under which the responsible broker operates or conducts business. +This bill would revise the definition of “responsible broker’s identity” to mean a name and the associated license identification number under which the responsible broker is currently licensed and conducts business in general or is a substantial division of the real estate firm and that does not include a fictitious business name or a team name, as specified. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 10159.5, 10159.6, and 10159.7 of the Business and Professions Code, relating to real estate licensees, and declaring the urgency thereof, to take effect immediately." +31,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California has the fifth largest Temporary Assistance for Needy Families (TANF) cash grant in the nation, and the second largest amongst the 10 largest states, yet poverty remains a persistent problem. +(b) In its Supplemental Poverty Measure report for the year 2013, released in October 2014, the United States Census Bureau reported California’s rate of poverty to be 23.4%. This rate is the highest among all 50 states. +(c) Using census data released in September 2014, the California Budget Project reported that the economic recovery from the Great Recession has largely bypassed low- and middle-income Californians, with the bottom three-fifths of the income distribution experiencing stagnating income gains. This is contrasted with the top one-fifth of the income distribution experiencing gains of 52.4%. +(d) According to the Legislative Analyst’s Office (LAO), evidence from academic studies suggests that the federal Earned Income Tax Credit (EITC) increases paid work participation to be higher than if the federal EITC did not exist. +(e) The LAO further states that the federal EITC also reduces poverty to some extent for tens of millions of people. +(f) The federal EITC has historically had a high level of improper payments to people who claimed a bigger credit than that for which they were eligible. As the federal EITC is a proven antipoverty measure that encourages work, California should adopt its own version of the EITC that includes appropriate enforcement activities to reduce improper payments. +SEC. 2. +Section +17052.1 +17052.3 +is added to the Revenue and Taxation Code, to read: +17052.1. +17052.3. +(a) For each taxable year beginning on or after January 1, 2016, and before January 1, 2023, there shall be allowed to a qualified taxpayer a credit against the “net tax,” as defined by Section 17039, an amount computed by multiplying the federal earned income credit amount, as defined by subdivision (b), by 15 percent. +(b) (1) For purposes of this section, except as provided in paragraph (2), “federal earned income credit amount” means the amount determined under Section 32 of the Internal Revenue Code, as amended by Section 1002(a) of Public Law 111-5, as amended by Section 219(a)(2) of Public Law 111-226, as amended by Section 103(c) of Public Law 111-312, and as amended by Section 103(c) of Public Law 112-240. +(2) For each taxable year beginning on or after January 1, 2017, and before January 1, 2023, the Franchise Tax Board shall recompute the amounts prescribed in Section +32(b) +32(b)(2) +of the Internal Revenue Code, relating to amounts, and Section 32(i) of the Internal Revenue Code, relating to denial of credit for individuals having excessive investment income. That computation shall be made as follows: +(A) The +California +Department of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index for all items from June of the prior calendar year to June of the current calendar year, no later than August 1 of the current calendar year. +(B) The Franchise Tax Board shall do both of the following: +(i) Compute an inflation adjustment factor by adding 100 percent to the percentage change figure that is furnished pursuant to subparagraph (A) and dividing the result by 100. +(ii) Multiply the preceding taxable year income tax brackets by the inflation adjustment factor determined in clause (i) and round off the resulting products to the nearest one dollar ($1). +(c) For purposes of this section, “qualified taxpayer” means an individual who is eligible for a credit, for federal income tax purposes, under Section 32 of the Internal Revenue Code, as amended by Section 1002(a) of Public Law 111-5, as amended by Section 219(a)(2) of Public Law 111-226, as amended by Section 103(c) of Public Law 111-312, and as amended by Section 103(c) of Public Law 112-240, for the taxable year in which the credit allowed under this section is claimed, and who is legally working in the state and possesses a valid social security number, legal work authorization, or +taxpayer’s +taxpayer +identification number. +(d) Any simple error shall be treated as a mathematical error appearing on the return. +(e) (1) Except as provided in paragraph (2) +, +in the case where the credit allowed under this section exceeds +the +“net tax,” the excess credit may be carried over to reduce the “net tax” in the following taxable year, and succeeding taxable years, if necessary, until the credit is exhausted. +(2) If the amount allowable as a credit under this section exceeds the tax liability computed under this part, the excess shall be credited against other amounts due, if any, and the balance, if any, shall, upon appropriation by the Legislature, be paid from the General Fund and refunded to the qualified taxpayer. +(3) Any amount paid to a qualified taxpayer pursuant to this section shall not be included in income subject to tax under this part. +(f) The credit allowed by this section may be claimed only on a timely filed original return of the qualified taxpayer. The determinations of the Franchise Tax Board with respect to the date a return has been received by the Franchise Tax Board for purposes of this subdivision may not be reviewed in any administrative or judicial proceeding. +(g) Notwithstanding any other law, and to the extent permitted by federal law, amounts paid pursuant to subdivision (e) shall be treated the same as the federal earned income credit amount for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits. +(h) For purposes of this section, the Franchise Tax Board shall do the following: +(1) Administer enforcement activities to address improper payments. +(2) Collaborate with the Employment Development Department to develop criteria for, and a process to verify, taxpayer income information using wage and withholding data. +(3) Establish criteria for, and a process to identify, high-risk returns. High-risk returns may be subject to increased verification procedures and payments pursuant to this section may be suspended until the information is verified. +(4) (A) Notwithstanding Section 10231.5 of the Government Code, beginning January 1, 2017, and each January 1 thereafter, until January 1, 2023, the Franchise Tax Board shall submit a report on the use of the credit described in subdivision (a) to the Legislature. The report shall include information regarding the eligibility for the credit, use of the credit, and information regarding improper payments. +(B) A report submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code. +(i) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. +(j) Section 41 does not apply to the credit allowed by this section. +(k) This section shall remain in effect only until December 1, 2023, and as of that date is repealed. +SEC. 3. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. +This bill, for taxable years beginning on or after January 1, 2016, and before January 1, 2023, would allow a credit to a qualified taxpayer, as defined, computed by multiplying the federal earned income credit amount, as defined, by 15%. The bill would provide that the credit amount in excess of the qualified taxpayer’s liability would be paid to the qualified taxpayer upon appropriation by the Legislature. This bill would require the Franchise Tax Board to submit a report to the Legislature, beginning January 1, 2017, and each January 1 thereafter, until January 1, 2023, regarding the credit, as provided. +This bill would take effect immediately as a tax levy.","An act to add and repeal Section +17052.1 +17052.3 +of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +32,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 352 of the Public Utilities Code is amended to read: +352. +The Independent System Operator may +not +only +enter into a multistate entity or a regional organization as authorized in Section 359 +unless +if +that entry is approved by +the Oversight Board. +its governing board at a duly noticed public meeting. +SEC. 2. +Section 359 of the Public Utilities Code is amended to read: +359. +(a) It is the intent of the Legislature to provide for the evolution of the Independent System Operator +and the Power Exchange +into +a +regional +organizations +organization +to promote the development of regional electricity transmission markets in the western states and to improve the access of consumers served by the Independent System Operator +and the Power Exchange +to those markets. +(b) The preferred means by which the voluntary evolution described in subdivision (a) should occur is through the adoption of a regional compact or other comparable agreement among cooperating party states, the retail customers of which states would reside within the geographic territories served by the Independent System +Operator and the Power Exchange. +Operator. +(c) The agreement described in subdivision (b) should provide for all of the following: +(1) An equitable process for the appointment or confirmation by party states of members of the governing +boards +board +of the Independent System +Operator and the Power Exchange. +Operator. +(2) A respecification of the size, structure, representation, eligible membership, nominating procedures, and member terms of service of the governing +boards +board +of the Independent System +Operator and the Power Exchange. +Operator. +(3) Mechanisms by which each party state, jointly or separately, can oversee effectively the actions of the Independent System Operator +and the Power Exchange +as those actions relate to the assurance of electricity system reliability within the party state and to matters that affect electricity sales to the retail customers of the party state or otherwise affect the general welfare of the electricity consumers and the general public of the party state. +(4) The adherence by publicly owned and investor-owned utilities located in party states to enforceable standards and protocols to protect the reliability of the interconnected regional transmission and distribution systems. +SECTION 1. +Part 3 (commencing with Section 13750) is added to Division 8 of the +Probate Code +, to read: +3. +Determination of Property Passing to Trustee of Recipient Trust Without Administration +1. +Definitions +13750. +For purposes of this part, both of the following definitions shall apply: +(a)“Pour-over will” means a devise by a will, including any codicils, of property to the trustee or trustees of a recipient trust. +(b)“Recipient trust” means a trust established as a revocable trust by a decedent during his or her lifetime, either alone or in conjunction with his or her spouse or registered domestic partner, and that is identified in the pour-over will. +2. +Court Order Determining Passage of Property to Trustee or Trustees of Recipient Trust +13751. +Subject to further requirements provided in this chapter, if a decedent dies testate and by his or her pour-over will devises some or all of his or her property to the trustee or trustees of a recipient trust, the trustee or trustees of that recipient trust, without procuring letters of administration, may file a petition in the superior court of the county in which the estate of the decedent may be administered requesting a court order that a particular item or items of property pass without administration to the petitioner as trustee or trustees of the recipient trust. +13752. +(a)The procedure provided by this chapter may be used only if: +(1)At least 40 days have elapsed since the death of the decedent. +(2)No proceeding is being or has been conducted for the probate administration of the decedent’s estate, either in this state or in any other jurisdiction. +(3)Except as provided in paragraph (4), the devise in the pour-over will to the trustee or trustees of the recipient trust applies to the entire remainder of the property subject to the pour-over will. +(4)(A)The only other devise or devises, if any, in the pour-over will are one or more specific gifts, as defined in subdivision (a) of Section 21117, all of which would be eligible for disposition without administration pursuant to either of the following provisions: +(i)Part 1 (commencing with Section 13000), as determined by the petitioner. Any property that is not a devise of a specific gift, as defined in subdivision (a) of Section 21117, in the decedent’s pour-over will shall be excluded in determining the property or estate of the decedent or its value for this purpose. +(ii)Part 2 (commencing with Section 13500), as determined by the petitioner. +(B)The court may rely on the petitioner’s representations concerning determinations made by the petitioner pursuant to this paragraph. +(b)The procedure provided by this chapter may be used for real or personal property of any amount or value, so long as the other requirements of this chapter are satisfied. The value of an individual item, or aggregate value of items, of property does not need to be included in the petition. An inventory and appraisal shall not be required for the property subject to the procedure provided by this chapter. +13753. +(a)The petition shall be verified by each petitioner, shall contain a request that the court make an order pursuant to this chapter that a particular item or items of the decedent’s property pass without administration to the petitioner as trustee or trustees of the recipient trust, and shall state all of the following: +(1)The facts necessary to determine that the petition is filed in the proper county. +(2)That at least 40 days have elapsed since the death of the decedent. +(3)That no proceeding is being or has been conducted for administration of the decedent’s estate, either in this state or in any other jurisdiction. +(4)The facts and the provision or provisions of the pour-over will upon which the petitioner bases the allegation that a particular item or items of property pass without administration to the petitioner as trustee or trustees of the recipient trust, including, but not limited to, the following: +(A)That the devise in the pour-over will to the trustee or trustees of the recipient trust applies to the entire remainder of the property subject to the pour-over will. +(B)Either of the following, as applicable: +(i)That there is no devise in the pour-over will other than to the trustee or trustees of the recipient trust. +(ii)The only other devise or devises, if any, in the pour-over will are one or more specific gifts, as defined in subdivision (a) of Section 21117, all of which would be eligible for disposition without administration pursuant to either of the following provisions: +(I)Part 1 (commencing with Section 13000), as determined by the petitioner. Any property that is not a devise of a specific gift, as defined in subdivision (a) of Section 21117, identified in the decedent’s pour-over will shall be excluded in determining the property or estate of the decedent or its value. +(II)Part 2 (commencing with Section 13500), as determined by the petitioner. +(5)A description or descriptions of the particular item or items of the decedent’s property for which the petitioner requests an order pursuant to this chapter. +(6)The name, age, address, and relation to the decedent of each of the following: +(A)Heir and devisee of the decedent. +(B)Each person named as executor or alternate executor of the pour-over will. +(C)Each beneficiary of the recipient trust. For any future interests, this determination shall be made pursuant to subdivision (a) of Section 15804, so far as known to any petitioner. +(D)Each person named as trustee or successor trustee in the recipient trust. +(7)The name and address of any person serving as guardian of the estate or conservator of the estate of the decedent at the time of the decedent’s death, so far as known to any petitioner. +(b)A copy of the pour-over will shall be attached to, and filed in support of, the petition. +(c)A certification of trust for the recipient trust that satisfies the requirements of Section 18100.5 shall be attached to, and filed in support of, the petition. +13754. +Notice of hearing shall be given as provided in Section 1220 to each of the persons named in the petition pursuant to Section 13753. +13755. +If the requirements of this chapter are satisfied, the court shall issue an order that a particular item or items of property pass without administration and are transferred to the petitioner as trustee or trustees of the recipient trust. Each item of property shall be described in the order. The court shall not issue an omnibus order for final distribution pursuant to the procedure provided by this chapter. +13756. +(a)Except as provided in subdivision (b), upon becoming final, an order under this chapter that property passes without administration to the trustee or trustees of the recipient trust shall be conclusive on all persons. +(b)An order issued by the court pursuant to Section 13755 shall not preclude the filing of a petition pursuant to Section 17200. +13757. +The attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter shall be determined by a private agreement between the attorney and the client and are not subject to approval by the court. If there is no agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter and there is a dispute concerning the reasonableness of the attorney’s fees for those services, a petition may be filed with the court in the same proceeding requesting that the court determine the reasonableness of the attorney’s fees for those services. If there is an agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter and there is a dispute concerning the meaning of the agreement, a petition may be filed with the court in the same proceeding requesting that the court determine the dispute. +13758. +Nothing in this chapter excuses compliance with Chapter 3 (commencing with Section 13100) by the holder of the decedent’s personal property if an affidavit or declaration is furnished as provided in that chapter. +3. +Liability for Debts of Decedent +13759. +Property transferred to the trustee or trustees of a recipient trust pursuant to an order issued under Section 13755 shall be subject to the payment of claims, debts, and expenses as provided in Part 8 (commencing with Section 19000) of Division 9.","The existing restructuring of the electrical industry within the Public Utilities Act provides for the establishment of an Independent System Operator and a Power Exchange as nonprofit public benefit corporations. Existing law requires the Independent System Operator to ensure efficient use and reliable operation of the electrical transmission grid consistent with achieving planning and operating reserve criteria no less stringent than those established by the Western Electricity Coordinating Council and the North American Electric Reliability Council. An Electricity Oversight Board is also established to oversee the Independent System Operator and the Power Exchange in order to ensure the success of electrical restructuring and to ensure a reliable supply of electricity in the transition to a new market structure. Existing law prohibits the Independent System Operator from entering into a multistate entity or regional organization unless the Independent System Operator receives approval from the Electricity Oversight Board. +This bill would authorize the Independent System Operator to enter into a multistate entity or regional organization if that entry is approved by its governing board at a duly noticed public meeting. +Existing law, relative to restructuring of the electrical industry, states the intent of the Legislature with respect to the evolution of the roles of the Independent System Operator and Power Exchange, including to evolve into regional organizations to promote the development of regional electricity transmission markets in the western states and to improve the access of consumers serviced by the Independent System Operator and the Power Exchange to those markets. +This bill would delete references to the Power Exchange in the above-described statement of Legislative intent. +Existing law provides for the disposition of a testator’s property by will. Existing law establishes the Uniform Testamentary Additions to Trusts Act, under which a valid devise of property may be made by will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person, commonly referred to as a pour-over will. Existing law provides that the decedent’s property, including property devised by a will, is generally subject to probate administration, except as specified. Existing law establishes simplified procedures for addressing a decedent’s estate valued under $150,000, including authorizing the successor of the decedent to collect property due to the decedent without letters of administration or awaiting probate of a will. +This bill would establish simplified procedures for the distribution of property, real or personal property of any amount or value, devised by a will to the trustee or trustees of a recipient trust, as defined, without procuring letters of administration. The bill would authorize the trustee or trustees of a recipient trust to file a verified petition setting forth specified facts in the superior court of the county in which the estate of the decedent may be administered, and would authorize the court to issue an order that a particular item or items of property pass without administration and are transferred to the petitioner as trustee or trustees of the recipient trust. The bill would require attorneys’ fees for services performed in connection with these provisions to be determined by a private agreement between the attorney and the client, and would specify that attorneys’ fees are not subject to approval by the court.","An act to add Part 3 (commencing with Section 13750) to Division 8 of the Probate Code, relating to decedent’s estates. +An act to amend Sections 352 and 359 of the Public Utilities Code, relating to electricity." +33,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25150.7 of the Health and Safety Code is amended to read: +25150.7. +(a) The Legislature finds and declares that this section is intended to address the unique circumstances associated with the generation and management of treated wood waste. The Legislature further declares that this section does not set a precedent applicable to the management, including disposal, of other hazardous wastes. +(b) For purposes of this section, the following definitions shall apply: +(1) “Treated wood” means wood that has been treated with a chemical preservative for purposes of protecting the wood against attacks from insects, microorganisms, fungi, and other environmental conditions that can lead to decay of the wood, and the chemical preservative is registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.). +(2) “Wood preserving industry” means business concerns, other than retailers, that manufacture or sell treated wood products in the state. +(c) This section applies only to treated wood waste that, solely due to the presence of a preservative in the wood, is a hazardous waste and to which both of the following requirements apply: +(1) The treated wood waste is not subject to regulation as a hazardous waste under the federal act. +(2) Section 25143.1.5 does not apply to the treated wood waste. +(d) (1) Notwithstanding Sections 25189.5 and 25201, treated wood waste shall be disposed of in either a class I hazardous waste landfill, or in a composite-lined portion of a solid waste landfill unit that meets all requirements applicable to disposal of municipal solid waste in California after October 9, 1993, and that is regulated by waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code for discharges of designated waste, as defined in Section 13173 of the Water Code, or treated wood waste. +(2) A solid waste landfill that accepts treated wood waste shall comply with all of the following requirements: +(A) Manage the treated wood waste to prevent scavenging. +(B) Ensure that any management of the treated wood waste at the solid waste landfill before disposal, or in lieu of disposal, complies with the applicable requirements of this chapter, except as otherwise provided by regulations adopted pursuant to subdivision (f). +(C) If monitoring at the composite-lined portion of a landfill unit at which treated wood waste has been disposed of indicates a verified release, then treated wood waste shall not be discharged to that landfill unit until corrective action results in cessation of the release. +(e) (1) Each wholesaler and retailer of treated wood and treated wood-like products in this state shall conspicuously post information at or near the point of display or customer selection of treated wood and treated wood-like products used for fencing, decking, retaining walls, landscaping, outdoor structures, and similar uses. The information shall be provided to wholesalers and retailers by the wood preserving industry in 22-point type, or larger, and contain the following message: + + +Warning—Potential Danger + + +These products are treated with wood preservatives registered with the United States Environmental Protection Agency and the California Department of Pesticide Regulation and should only be used in compliance with the product labels. +This wood may contain chemicals classified by the State of California as hazardous and should be handled and disposed of with care. Check product label for specific preservative information and Proposition 65 warnings concerning presence of chemicals known to the State of California to cause cancer or birth defects. +Anyone working with treated wood, and anyone removing old treated wood, needs to take precautions to minimize exposure to themselves, children, pets, or wildlife, including: + +□Avoid contact with skin. Wear gloves and long sleeved shirts when working with treated wood. Wash exposed areas thoroughly with mild soap and water after working with treated wood. + +□Wear a dust mask when machining any wood to reduce the inhalation of wood dusts. Avoid frequent or prolonged inhalation of sawdust from treated wood. Machining operations should be performed outdoors whenever possible to avoid indoor accumulations of airborne sawdust. + +□Wear appropriate eye protection to reduce the potential for eye injury from wood particles and flying debris during machining. + +□If preservative or sawdust accumulates on clothes, launder before reuse. Wash work clothes separately from other household clothing. + +□Promptly clean up and remove all sawdust and scraps and dispose of appropriately. + +□Do not use treated wood under circumstances where the preservative may become a component of food or animal feed. + +□Only use treated wood that’s visibly clean and free from surface residue for patios, decks, or walkways. + +□Do not use treated wood where it may come in direct or indirect contact with public drinking water, except for uses involving incidental contact such as docks and bridges. + +□Do not use treated wood for mulch. + +□Do not burn treated wood. Preserved wood should not be burned in open fires, stoves, or fireplaces. + + +For further information, go to the Internet Web site http://www.preservedwood.org and download the free Treated Wood Guide mobile application. + + +In addition to the above listed precautions, treated wood waste shall be managed in compliance with applicable hazardous waste control laws. +(2) On or before July 1, 2005, the wood preserving industry shall, jointly and in consultation with the department, make information available to generators of treated wood waste, including fencing, decking, and landscape contractors, solid waste landfills, and transporters, that describes how to best handle, dispose of, and otherwise manage treated wood waste, through the use either of a toll-free telephone number, Internet Web site, information labeled on the treated wood, information accompanying the sale of the treated wood, or by mailing if the department determines that mailing is feasible and other methods of communication would not be as effective. A treated wood manufacturer or supplier to a wholesaler or retailer shall also provide the information with each shipment of treated wood products to a wholesaler or retailer, and the wood preserving industry shall provide it to fencing, decking, and landscaping contractors, by mail, using the Contractors’ State License Board’s available listings, and license application packages. The department may provide guidance to the wood preserving industry, to the extent resources permit. +(f) (1) On or before January 1, 2007, the department, in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the Office of Environmental Health Hazard Assessment, and after consideration of any known health hazards associated with treated wood waste, shall adopt and may subsequently revise as necessary, regulations establishing management standards for treated wood waste as an alternative to the requirements specified in this chapter and the regulations adopted pursuant to this chapter. +(2) The regulations adopted pursuant to this subdivision shall, at a minimum, ensure all of the following: +(A) Treated wood waste is properly stored, treated, transported, tracked, disposed of, and otherwise managed to prevent, to the extent practical, releases of hazardous constituents to the environment, prevent scavenging, and prevent harmful exposure of people, including workers and children, aquatic life, and animals to hazardous chemical constituents of the treated wood waste. +(B) Treated wood waste is not reused, with or without treatment, except for a purpose that is consistent with the approved use of the preservative with which the wood has been treated. For purposes of this subparagraph, “approved uses” means a use approved at the time the treated wood waste is reused. +(C) Treated wood waste is managed in accordance with all applicable laws. +(D) Any size reduction of treated wood waste is conducted in a manner that prevents the uncontrolled release of hazardous constituents to the environment, and that conforms to applicable worker health and safety requirements. +(E) All sawdust and other particles generated during size reduction are captured and managed as treated wood waste. +(F) All employees involved in the acceptance, storage, transport, and other management of treated wood waste are trained in the safe and legal management of treated wood waste, including, but not limited to, procedures for identifying and segregating treated wood waste. +(g) (1) A person managing treated wood waste who is subject to a requirement of this chapter, including a regulation adopted pursuant to this chapter, shall comply with either the alternative standard specified in the regulations adopted pursuant to subdivision (f) or with the requirements of this chapter. +(2) A person who is in compliance with the alternative standard specified in the regulations adopted pursuant to subdivision (f) is deemed to be in compliance with the requirement of this chapter for which the regulation is identified as being an alternative, and the department and any other entity authorized to enforce this chapter shall consider that person to be in compliance with that requirement of this chapter. +(h) On January 1, 2005, all variances granted by the department before January 1, 2005, governing the management of treated wood waste are inoperative and have no further effect. +(i) This section does not limit the authority or responsibility of the department to adopt regulations under any other law. +(j) (1) On or before January 1, 2018, the department shall prepare, post on its Internet Web site, and provide to the appropriate policy committees of the Legislature, a comprehensive report on the compliance with, and implementation of, this section. The report shall include, but not be limited to, all of the following: +(A) Data, and evaluation of that data, on the rates of compliance with this section and injuries associated with handling treated wood waste based on department inspections of treated wood waste generator sites and treated wood waste disposal facilities. To gather data to perform the required evaluation, the department shall do all of the following: +(i) The department shall inspect representative treated wood waste generator sites and treated wood waste disposal facilities, which shall not to be less than 25 percent of each. +(ii) The department shall survey and otherwise seek information on how households are currently handling, transporting, and disposing of treated wood waste, including available information from household hazardous waste collection facilities, solid waste transfer facilities, solid waste disposal facility load check programs, and CUPAs. +(iii) The department shall, by survey or otherwise, seek data to determine whether sufficient information and convenient collection and disposal options are available to household generators of treated wood waste. +(B) An evaluation of the adequacy of protective measures taken in tracking, handling, and disposing of treated wood waste. +(C) Data regarding the unauthorized disposal of treated wood waste at disposal facilities that have not been approved for that disposal. +(D) Conclusions regarding the handling of treated wood waste. +(E) Recommendations for changes to the handling of treated wood waste to ensure the protection of public health and the environment. +(2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2022, pursuant to Section 10231.5 of the Government Code. +(k) This section shall become inoperative on December 31, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law requires the wood preserving industry to provide certain information relating to the potential danger of treated wood to wholesalers and retailers of treated wood and wood-like products. Existing law requires these wholesalers and retailers to conspicuously post the information at or near the point of display or customer selection of treated wood and wood-like products, as specified. +This bill would update the information required to be posted by wholesalers and retailers of treated wood and treated wood-like products. +(2) Existing law requires the Department of Toxic Substances Control to adopt, and revise as necessary, regulations establishing management standards for treated wood waste, subject to specified limitations. Existing law makes these, and other requirements regarding treated wood waste, inoperative on June 1, 2017, but provides that a regulation adopted pursuant to these provisions on or before June 1, 2012, continues in force and effect until repealed or revised. A violation of the state’s hazardous waste control laws is a crime. +This bill would remove those limitations for treated wood waste regulations adopted by the department, would extend the operation of these provisions regarding treated wood waste to December 31, 2020, and would repeal the language concerning the continued operation of treated wood waste regulations. By extending the operation of a crime, the bill would impose a state-mandated local program. The bill would require, on or before January 1, 2018, the department to prepare, post on its Internet Web site, and provide to the appropriate policy committees of the Legislature, a comprehensive report with specified content on the compliance with, and implementation of, these laws relating to treated wood waste. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 25150.7 of the Health and Safety Code, relating to hazardous waste." +34,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1271.5 is added to the Penal Code, to read: +1271.5. +(a) Notwithstanding any other law, upon the appearance before a competent court or magistrate of a person charged with a criminal offense, the court or magistrate shall hold the hearing described in subdivision (f) and order that, pending trial, the person be one of the following: +(1) Released on his or her own recognizance or upon execution of an unsecured appearance bond, pursuant to subdivision (b). +(2) Released on a condition or combination of conditions, pursuant to subdivision (c). +(3) Temporarily detained to permit revocation of conditional release, probation, parole, or postrelease community supervision pursuant to subdivision (d). +(4) Detained pursuant to subdivision (e). +(b) The court or magistrate shall order the pretrial release of the person on his or her own recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a federal, state, or local crime during the period of release unless, after a hearing held pursuant to subdivision (f), the court or magistrate determines that release pursuant to this subdivision will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. +(c) (1) If, after a heafety, maintain employment, or, if unemployed, actively seek employment. +(iii) If the court or magistrate specifically finds on the record that it is necessary to protect public safety, maintain or commence an educational program. +(iv) Abide by specified restrictions on personal associations, place of abode, or travel. +(v) Avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense. +(vi) Report on a regular basis to a designated law enforcement agency, pretrial services agency, or other agency. +(vii) Comply with a specified curfew. +(viii) Refrain from possessing a firearm, destructive device, or other dangerous weapon. +(ix) Refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in Section 11007 of the Health and Safety Code, without a prescription by a licensed medical practitioner. +(x) If the court or magistrate specifically finds on the record that it is necessary to protect public safety, undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose. +(xi) Execute an agreement to forfeit upon failing to appear as required, property of a sufficient unencumbered value, including money, as is reasonably necessary to assure the appearance of the person as required. +(xii) Execute a bail bond with solvent sureties, who will execute an agreement to forfeit in an amount reasonably necessary to assure appearance of the person as required. In determining the amount required, the court or magistrate shall consider the person’s ability to pay. +(xiii) Return to custody for specified hours following release for employment, schooling, or other limited purposes. +(xiv) Satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community. +(2) In a case in which the defendant is charged with sexual assault, as defined in paragraph (3) of subdivision (b) of Section 13750, of a minor or failure to register pursuant to Section 290, release pursuant to this subdivision shall contain, at a minimum, a condition of electronic monitoring and the conditions specified in clauses (iv), (v), (vi), (vii), and (viii) of subparagraph (B) of paragraph (1), if the imposition of those conditions is reasonable and necessary to protect public safety in that case. +(3) The court or magistrate shall not impose a financial condition to secure the pretrial detention of the person unless that condition is required to assure the appearance of the person pursuant to clause (xi) or (xii) of subparagraph (B) of paragraph (1). +(4) The court or magistrate may, at any time, amend the order to release a person pursuant to this subdivision to impose additional or different conditions. +(d) (1) The court or magistrate shall order the detention of the person, for a period of not more than 10 days, and direct the district attorney to notify the appropriate court, probation or parole officer, or federal, state, or local law enforcement official, if the court or magistrate determines both of the following: +(A) The person is, and was at the time the offense was committed, on any of the following: +(i) Release pending trial for a felony under federal, state, or local law. +(ii) Release pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, for any offense under federal, state, or local law. +(iii) Conditional release, probation, postrelease community supervision, or parole for any offense under federal, state, or local law. +(B) The person may flee or pose a danger to any other person or the community. +(2) If the official fails or declines to take the person into custody during that period, the person shall be treated in accordance with the other provisions of this section. +(e) If, after a hearing pursuant to subdivision (f), the court or magistrate finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, the court or magistrate shall order the detention of the person before trial, except in cases in which bail is required pursuant to Section 12 or paragraph (3) of subdivision (f) of Section 28 of Article I of the California Constitution, in which case the court or magistrate shall set bail in accordance with other provisions of this chapter. +(f) (1) The court or magistrate shall hold a hearing to determine if release on his or her own recognizance, release upon execution of an unsecured appearance bond, or release with any condition or combination of conditions described in paragraph (1) of subdivision (c) will reasonably assure the appearance of such person as required and the safety of any other person and the community. +(2) (A) The hearing shall be held immediately upon the person’s first appearance before the court or magistrate unless the person, or the district attorney, seeks a continuance. +(B) A continuance on motion of the district attorney shall not exceed three court days. +(3) At the hearing, the person has the right to be represented by counsel, and, if financially unable to obtain adequate representation, to have counsel appointed. +(4) The facts the court or magistrate uses to support a finding described in subdivision (e) shall be stated on the record. +(5) The hearing may be reopened, before or after a determination by the court or magistrate, at any time before trial if the court or magistrate finds that information exists that was not known to the movant at the time of the hearing and that information has a material bearing on the issue whether there is a condition or combination of conditions that will reasonably assure the appearance of such person as required and the safety of any other person and the community. +(g) Notwithstanding any other law, the court or magistrate shall, in determining whether there is a condition or combination of conditions that will reasonably assure the appearance of the person as required and the safety of any other person and the community, take into account the available information concerning all of the following: +(1) The nature and circumstances of the offense charged, including, but not limited to, whether the offense is a crime of violence or involved a minor victim or a controlled substance, firearm, explosive, or destructive device. +(2) The weight of the evidence against the person. +(3) The history and characteristics of the person, including both the following: +(A) The person’s character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings. +(B) Whether, at the time of the current offense or arrest, the person was on probation, postrelease community supervision, parole, or other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal, state, or local law. +(4) The nature and seriousness of the danger to any person or the community that would be posed by the person’s release. +(h) An order issued pursuant to subdivision (b) or (c) shall include a written statement that sets forth all the conditions to which the person is subject, in a manner sufficiently clear and specific to serve as a guide for the person’s conduct and all of the following advisements: +(1) The penalties for violating a condition imposed in the order, including the penalties for committing an offense while released prior to trial. +(2) The consequences of violating a condition imposed in the order, including the immediate issuance of a warrant for the person’s arrest. +(3) Applicable penalties relating to intimidation of witnesses, jurors, and officers of the court, obstruction of criminal investigations, tampering with a witness, victim, or an informant, and retaliating against a witness, victim, or an informant. +(i) A detention order issued pursuant to subdivision (e) shall include written findings of fact and a written statement of the reasons for the detention, direct that the person be committed to a county jail separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal, and direct that the person be afforded reasonable opportunity for private consultation with counsel. +(j) For purposes of this section, “unsecured appearance bond” means an order to release a person upon his or her promise to appear in court and his or her unsecured promise to pay an amount of money, specified by the court using its discretion, if he or she fails to appear as promised. +SECTION 1. +Section 13557.5 is added to the +Water Code +, to read: +13557.5. +(a)The Legislature hereby finds and declares that, except in compliance with the provisions of this section, it is a waste and unreasonable use of water within the meaning of Section 2 of Article X of the California Constitution to discharge treated wastewater from an ocean or bay outfall, or for a water supplier or water replenishment district to not take treated wastewater made available to the supplier or district for groundwater recharge, surface water augmentation, or landscape irrigation. +(b)On or before January 1, 2020, the state board shall promulgate regulations to require both of the following: +(1)On or before January 1, 2023, each holder of an NPDES permit to submit to the state board the permitholder’s plans to achieve beneficial reuse, to the maximum extent possible, of treated wastewater that would otherwise be discharged through ocean or bay outfalls. +(2)On or before January 1, 2033, the beneficial reuse of at least 50 percent of treated wastewater that the NPDES permitholder would otherwise discharge through ocean or bay outfalls relative to the inflow to the treatment plant. +(c)The regulations promulgated pursuant to subdivision (b) shall provide operational and compliance flexibility in the event of an emergency, scheduled maintenance or repairs, extreme weather events, or any other factor that the board determines warrants consideration. +(d)In developing the regulations pursuant to subdivision (b), the state board may convene an advisory group for the purpose of preparing a report or recommendations to the state board about how to implement this section and the state board may consider any other recommendations or testimony provided during the regulation adoption process. +(e)Consistent with Section 3 of Article XIII A of the California Constitution, the state board may adopt reasonable fees payable by a holder of an NPDES permit to recover costs incurred in administering this section.","Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires that bail be set in a fixed amount, as specified, and requires, in setting, reducing, or denying bail, a judge or magistrate to take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or at a hearing of the case. Under existing law, the magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendant’s appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendant’s release on his or her own recognizance. +This bill would require, notwithstanding any other law, and upon the appearance before a competent court or magistrate of a person charged with a criminal offense, the court or magistrate to hold a specified hearing and take one of several actions, including, among others, releasing the person on his or her own recognizance or upon execution of an unsecured appearance bond, unless the court or magistrate determines that release pursuant to that provision will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. The bill would also require the court or magistrate, if the court determines that releasing the person on his or her own recognizance or upon execution of an unsecured appearance bond will not reasonably assure his or her appearance as required or will endanger the safety of any other person or the community, to order the pretrial release of the person subject to specified conditions. If the court or magistrate finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, the court or magistrate shall order the detention of the person before trial, except as otherwise specified. The bill would require the court or magistrate to order the detention of the person for a period of not more than 10 days, and direct the district attorney to notify the appropriate court, probation or parole officer, or federal, state or local law enforcement official, if the court or magistrate determines the person may flee or pose a danger to any other person or the community and the person is, and was at the time the offense was committed, released pending trial, released pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, or on conditional release, probation, postrelease community supervision, or parole. +The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented. Existing law declares that the use of potable domestic water for certain nonpotable uses is a waste or an unreasonable use of water if recycled water is available, as determined by the State Water Resources Control Board, and other requirements are met. +Under existing law, the state board and the 9 California regional water quality control boards prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. +This bill would declare that, except in compliance with the bill’s provisions, it is a waste and unreasonable use of water to discharge treated wastewater from an ocean or bay outfall, or for a water supplier or water replenishment district to not take treated wastewater made available for certain purposes. The bill would require the state board to promulgate regulations, on or before January 1, 2020, that would require each NPDES permitholder, on or before January 1, 2023, to submit to the state board the permitholder’s plans to achieve beneficial reuse, to the maximum extent possible, of treated wastewater that would otherwise be discharged through ocean or bay outfalls. The bill would require these regulations to require, on or before January 1, 2033, the beneficial reuse of at least 50% of treated wastewater that the NPDES permitholder would otherwise discharge though ocean or bay outfalls relative to the inflow to the treatment plant. The bill would require the regulations to provide operational and compliance flexibility, as specified. The bill would authorize the state board to convene an advisory group and to consider any other recommendations or testimony provided during the regulation adoption process. The bill would authorize the state board to adopt reasonable fees payable by a holder of an NPDES permit to recover costs incurred in administering these provisions.","An act to add Section +13557.5 to the Water Code, relating to water. +1271.5 to the Penal Code, relating to bail." +35,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 667.61 of the Penal Code is amended to read: +667.61. +(a) Except as provided in subdivision (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 25 years to life. +(b) Except as provided in subdivision (a), (j), (l), or (m), +any +a +person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 15 years to life. +(c) This section shall apply to any of the following offenses: +(1) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261. +(2) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262. +(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. +(4) Lewd or lascivious act, in violation of subdivision (b) of Section 288. +(5) Sexual penetration, in violation of subdivision (a) of Section 289. +(6) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286. +(7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 288a. +(8) Lewd or lascivious act, in violation of subdivision (a) of Section 288. +(9) Continuous sexual abuse of a child, in violation of Section 288.5. +(d) The following circumstances shall apply to the offenses specified in subdivision (c): +(1) The defendant has been convicted of +a separate violation of an +more than one +offense specified in subdivision (c) +on charges brought and tried separately +, including an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c). This paragraph shall apply irrespective of the order in which the offenses were committed or the convictions obtained. +(2) The defendant kidnapped the victim of the present offense and the movement of the victim substantially increased the risk of harm to the victim over and above that level of risk necessarily inherent in the underlying offense in subdivision (c). +(3) The defendant inflicted aggravated mayhem or torture on the victim or another person in the commission of the present offense in violation of Section 205 or 206. +(4) The defendant committed the present offense during the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, with intent to commit an offense specified in subdivision (c). +(5) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed +any +an +act described in paragraph (2), (3), or (4) of this subdivision. +(6) The defendant personally inflicted great bodily injury on the victim or another person in the commission of the present offense in violation of Section 12022.53, 12022.7, or 12022.8. +(7) The defendant personally inflicted bodily harm on the victim who was under 14 years of age. +(e) The following circumstances shall apply to the offenses specified in subdivision (c): +(1) Except as provided in paragraph (2) of subdivision (d), the defendant kidnapped the victim of the present offense in violation of Section 207, 209, or 209.5. +(2) Except as provided in paragraph (4) of subdivision (d), the defendant committed the present offense during the commission of a burglary in violation of Section 459. +(3) The defendant personally used a dangerous or deadly weapon or a firearm in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5, or 12022.53. +(4) The defendant has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim. +(5) The defendant engaged in the tying or binding of the victim or another person in the commission of the present offense. +(6) The defendant administered a controlled substance to the victim in the commission of the present offense in violation of Section 12022.75. +(7) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed +any +an +act described in paragraph (1), (2), (3), (5), or (6) of this subdivision or paragraph (6) of subdivision (d). +(f) If only the minimum number of circumstances specified in subdivision (d) or (e) that are required for the punishment provided in subdivision (a), (b), (j), (l), or (m) to apply have been pled and proved, that circumstance or those circumstances shall be used as the basis for imposing the term provided in subdivision (a), (b), (j), (l), or (m) whichever is greater, rather than being used to impose the punishment authorized under any other +provision of +law, unless another +provision of +law provides for a greater penalty or the punishment under another +provision of +law can be imposed in addition to the punishment provided by this section. However, if +any +an +additional circumstance or circumstances specified in subdivision (d) or (e) have been pled and proved, the minimum number of circumstances shall be used as the basis for imposing the term provided in subdivision (a), (j), or (l) and any other additional circumstance or circumstances shall be used to impose +any +a +punishment or enhancement authorized under any other +provision of +law. +(g) Notwithstanding Section 1385 or any other +provision of +law, the court shall not strike +any +an +allegation, admission, or finding of any of the circumstances specified in subdivision (d) or (e) for +any +a +person who is subject to punishment under this section. +(h) Notwithstanding any other +provision of +law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, +any +a +person who is subject to punishment under this section. +(i) For +any +an +offense specified in paragraphs (1) to (7), inclusive, of subdivision (c), or in paragraphs (1) to (6), inclusive, of subdivision (n), the court shall impose a consecutive sentence for each offense that results in a conviction under this section if the crimes involve separate victims or involve the same victim on separate occasions as defined in subdivision (d) of Section 667.6. +(j) (1) +Any +A +person who is convicted of an offense specified in subdivision (c), with the exception of a violation of subdivision (a) of Section 288, upon a victim who is a child under 14 years of age under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), shall be punished by imprisonment in the state prison for life without the possibility of parole. Where the person was under 18 years of age at the time of the offense, the person shall be punished by imprisonment in the state prison for 25 years to life. +(2) +Any +A +person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e), upon a victim who is a child under 14 years of age, shall be punished by imprisonment in the state prison for 25 years to life. +(k) As used in this section, “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit an offense specified in subdivision (c). +(l) +Any +A +person who is convicted of an offense specified in subdivision (n) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), upon a victim who is a minor 14 years of age or older shall be punished by imprisonment in the state prison for life without the possibility of parole. If the person who was convicted was under 18 years of age at the time of the offense, he or she shall be punished by imprisonment in the state prison for 25 years to life. +(m) +Any +A +person who is convicted of an offense specified in subdivision (n) under one of the circumstances specified in subdivision (e) against a minor 14 years of age or older shall be punished by imprisonment in the state prison for 25 years to life. +(n) Subdivisions (l) and (m) shall apply to any of the following offenses: +(1) Rape, in violation of paragraph (2) of subdivision (a) of Section 261. +(2) Spousal rape, in violation of paragraph (1) of subdivision (a) of Section 262. +(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. +(4) Sexual penetration, in violation of paragraph (1) of subdivision (a) of Section 289. +(5) Sodomy, in violation of paragraph (2) of subdivision (c) of Section 286, or in violation of subdivision (d) of Section 286. +(6) Oral copulation, in violation of paragraph (2) of subdivision (c) of Section 288a, or in violation of subdivision (d) of Section 288a. +(o) The penalties provided in this section shall apply only if the existence of any circumstance specified in subdivision (d) or (e) is alleged in the accusatory pleading pursuant to this section, and is either admitted by the defendant in open court or found to be true by the trier of fact.","Existing law, as amended by Proposition 83, the Sexual Predator Punishment and Control Act (Jessica’s Law), approved by the voters at the November 7, 2006, statewide general election, provides that a defendant shall be punished by imprisonment in the state prison for 25 years to life if convicted of certain crimes, including rape, sexual penetration, sodomy, oral copulation, continuous sexual abuse of a child, or rape, spousal rape, or sexual penetration in concert, if certain circumstances were present, including, among other things, if the defendant has been previously convicted of a specified offense. Proposition 83 provides that the Legislature may amend the provisions of the act to expand the scope of their application or increase the punishment or penalties by a statute passed by a majority vote of each house. +This bill would specify that the +25-year to life +prison term +of 25 years to life +applies if the defendant has been convicted of +a separate violation of a +more than one +specified offense +on charges brought and tried separately, +irrespective of the order in which the offenses were committed or the convictions obtained.","An act to amend Section 667.61 of the Penal Code, relating to crimes." +36,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12025 of the Fish and Game Code is amended to read: +12025. +(a) In addition to any penalties imposed by any other law, a person found to have violated the code sections described in paragraphs (1) to (11), inclusive, in connection with the production or cultivation of a controlled substance on land under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the United States Bureau of Land Management, or within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code, of more than 50,000 acres, or while trespassing on other public or private land in connection with the production or cultivation of a controlled substance, shall be liable for a civil penalty as follows: +(1) A person who violates Section 1602 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. +(2) A person who violates Section 5650 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. +(3) A person who violates Section 5652 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. +(4) A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. +(5) A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. +(6) A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. +(7) A person who violates Section 384a of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. +(8) A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. +(9) A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. +(10) A person who violates Section 2000 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. +(11) A person who violates Section 2002 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. +(b) (1) In addition to any penalties imposed by any other law, a person found to have violated the code sections described in this subdivision in connection with the production or cultivation of a controlled substance on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner shall be liable for a civil penalty as follows: +(A) A person who violates Section 1602 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. +(B) A person who violates Section 5650 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. +(C) A person who violates Section 5652 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. +(D) A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. +(E) A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. +(F) A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. +(G) A person who violates Section 384a of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. +(H) A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. +(I) A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. +(J) A person who violates Section 2000 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. +(K) A person who violates Section 2002 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. +(2) Each day that a violation of a code section described in this subdivision occurs or continues to occur shall constitute a separate violation. +(c) The civil penalty imposed for each separate violation pursuant to this section is in addition to any other civil penalty imposed for another violation of this section, or any violation of any other law. +(d) All civil penalties imposed or collected by a court for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the following manner: +(1) Thirty percent shall be distributed to the county in which the violation was committed pursuant to Section 13003. The county board of supervisors shall first use any revenues from those penalties to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation. +(2) (A) Thirty percent shall be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in this section. +(B) If the department receives reimbursement pursuant to this paragraph for activities funded pursuant to subdivision (f) of Section 4629.6 of the Public Resources Code, the reimbursement funds shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, if there is an unpaid balance for a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. +(3) Forty percent shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, and used for grants authorized pursuant to Section 4629.6 of the Public Resources Code that improve forest health by remediating former marijuana growing operations. +(e) Civil penalties authorized pursuant to this section may be imposed administratively by the department if all of the following occur: +(1) The chief deputy director or law enforcement division assistant chief in charge of marijuana-related enforcement issues a complaint to any person or entity on which an administrative civil penalty may be imposed pursuant to this section. The complaint shall allege the act or failure to act that constitutes a violation, any facts related to natural resources impacts, the provision of law authorizing the civil penalty to be imposed, and the proposed penalty amount. +(2) The complaint and order is served by personal notice or certified mail and informs the party served that the party may request a hearing not later than 20 days from the date of service. If a hearing is requested, it shall be scheduled before the director or his or her designee, which designee shall not be the chief deputy or assistant chief issuing the complaint and order. A request for a hearing shall contain a brief statement of the material facts the party claims support his or her contention that no administrative penalty should be imposed or that an administrative penalty of a lesser amount is warranted. A party served with a complaint pursuant to this subdivision waives his or her right to a hearing if a hearing is not requested within 20 days of service of the complaint, in which case the order imposing the administrative penalty shall become final. +(3) The director, or his or her designee, shall control the nature and order of hearing proceedings. Hearings shall be informal in nature, and need not be conducted according to the technical rules relating to evidence. The director or his or her designee shall issue a final order within 45 days of the close of the hearing. A copy of the final order shall be served by certified mail upon the party served with the complaint. +(4) A party may obtain review of the final order by filing a petition for a writ of mandate with the superior court within 30 days of the date of service of the final order. The administrative penalty shall be due and payable to the department within 60 days after the time to seek judicial review has expired, or, where the party did not request a hearing of the order, within 20 days after the order imposing an administrative penalty becomes final. +(5) The department may adopt regulations to implement this subdivision. +(f) All administrative penalties imposed or collected by the department for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, to repay any unpaid balance of a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. Any remaining funds from administrative penalties collected pursuant to this section shall be apportioned in the following manner: +(1) Fifty percent shall be deposited into the Timber Regulation and Forest Restoration Fund for grants authorized pursuant to subdivision (h) of Section 4629.6 of the Public Resources Code, with priority given to grants that improve forest health by remediating former marijuana growing operations. +(2) Fifty percent shall be deposited into the Fish and Game Preservation Fund. +(g) Any civil penalty imposed pursuant to this section for the violation of an offense described in paragraph (4), (5), or (6) of subdivision (a) or subparagraph (D), (E), or (F) of paragraph (1) of subdivision (b) for which the person was convicted shall be offset by the amount of any restitution ordered by a criminal court. +(h) For purposes of this section, “controlled substance” has the same meaning as defined in Section 11007 of the Health and Safety Code.","Existing law imposes various civil penalties for violations of specified provisions of the Fish and Game Code in connection with the production or cultivation of a controlled substance. Existing law requires all civil penalties collected to be apportioned as provided, including 30% of the funds to be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in these provisions. +Existing law authorizes the Department of Fish and Wildlife to impose those civil penalties administratively, subject to specified requirements relating to complaint and hearing procedures, among other things. Existing law authorizes the department to adopt regulations to implement these provisions and requires the administrative penalties collected to be apportioned in a specified manner. +This bill would impose various additional civil penalties, subject to these provisions, for violations of specified provisions of the Penal Code and the Public Resources Code, in connection with the production or cultivation of a controlled substance.","An act to amend Section 12025 of the Fish and Game Code, relating to controlled substances." +37,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 43.101 is added to the Civil Code, to read: +43.101. +(a) An emergency responder shall not be liable for any damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the emergency responder was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of the emergency services listed in Section 853 of the Government Code. +(b) (1) For purposes of this section, “emergency responder” means either of the following, if acting within the scope of authority implicitly or expressly provided by a public entity or a public employee to provide emergency services: +(A) A paid or unpaid volunteer. +(B) A private entity. +(2) All of the following terms shall have the same meaning as the terms as used in Chapter 4.5 (commencing with Section 853) of Part 2 of Division 3.6 of Title 1 of the Government Code: +(A) Public employee. +(B) Public entity. +(C) Unmanned aircraft. +(D) Unmanned aircraft system. +SEC. 2. +Chapter 4.5 (commencing with Section 853) is added to Part 2 of Division 3.6 of Title 1 of the Government Code, to read: +CHAPTER 4.5. Unmanned Aircraft +853. +A public entity or public employee shall not be liable for any damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the public entity or public employee was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any of the following emergency services: +(a) Emergency medical services or ambulance transport services, including, but not limited to, air ambulance services. +(b) Firefighting or firefighting-related services, including, but not limited to, air services related to firefighting or firefighting-related services. +(c) Search and rescue services, including, but not limited to, air search and rescue services. +853.5. +The following definitions shall apply to this chapter: +(a) “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. +(b) “Unmanned aircraft system” means an unmanned aircraft and associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system. +SEC. 3. +Section 402.5 is added to the Penal Code, to read: +402.5. +(a) It is unlawful to knowingly, intentionally, or recklessly operate an unmanned aircraft or unmanned aircraft system in a manner that prevents or delays the extinguishment of a fire, or in any way interferes with the efforts of firefighters to control, contain, or extinguish a fire, including, but not limited to, efforts to control, contain, or extinguish the fire from the air. A violation of this section is punishable by imprisonment in a county jail not to exceed six months, by a fine not to exceed five thousand dollars ($5,000), or by both that imprisonment and fine. +(b) (1) For purposes of this section, “unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. +(2) For purposes of this section, “unmanned aircraft system” means an unmanned aircraft and associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the individual in command to operate safely and efficiently in the national airspace system. +(3) For purposes of this section, “recklessly” means a person is aware of and consciously disregards a substantial and unjustifiable risk that his or her act will prevent or delay the extinguishment of a fire, or in any way interfere with the efforts of firefighters to control, contain, or extinguish a fire, including, but not limited to, efforts to control, contain, or extinguish the fire from the air. The risk shall be of such nature and degree that disregard of that risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware of that risk solely by reason of voluntary intoxication also acts recklessly for purposes of this section. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 5. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +To address the interference of unmanned aircraft and unmanned aircraft systems with efforts to fight fires and to keep fires from raging out of control during this historic drought, and to protect public and private emergency responders who are providing specific critical emergency services from potential civil liability relating to the new and increasing proliferation of unmanned aircraft systems that disrupt the provision of those emergency services, it is necessary that this act take effect immediately.","(1) Existing law makes it a misdemeanor to engage in disorderly conduct that delays or prevents a fire from being timely extinguished or to resist or interfere with the lawful efforts of a firefighter in the discharge of an official duty. Existing law makes it a misdemeanor to impede police officers, firefighters, emergency personnel, or military personnel in the performance of their duties in coping with an emergency. +This bill would make it unlawful to knowingly, intentionally, or recklessly operate an unmanned aircraft or unmanned aircraft system, as defined, in a manner that prevents or delays the extinguishment of a fire, or in any way interferes with the efforts of firefighters to control, contain, or extinguish a fire. The bill would make a violation of this prohibition punishable by imprisonment in a county jail not to exceed 6 months, by a fine not to exceed $5,000, or by both that fine and imprisonment. By creating a new crime, this bill would impose a state-mandated local program. +(2) Existing law provides certain individuals with immunity from civil liability under specific circumstances, including, among others, limiting the civil liability of a person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency, as specified. +This bill would further limit the exposure to civil liability of an emergency responder, defined as an unpaid volunteer or private entity acting within the scope of authority implicitly or expressly provided by a public entity or a public employee to provide emergency services, for damages to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the emergency responder was performing specific emergency services and the unmanned aircraft or unmanned aircraft system was interfering with the provision of those emergency services. +(3) The Government Claims Act sets forth the general procedure for the presentation of a claim as a prerequisite to the commencement of an action for money or damages against a “public entity” or a “public employee,” and defines those terms for its purposes. The act prohibits liability against a public entity or public employee for, among other things, certain acts relating to the provision of fire protection and police and correctional activities, as specified. +This bill would further limit the exposure to civil liability of a public entity or public employee for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the public entity or public employee was performing specific emergency services and the unmanned aircraft or unmanned aircraft system was interfering with the provision of those emergency services. +(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +(5) This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Section 43.101 to the Civil Code, to add Chapter 4.5 (commencing with Section 853) to Part 2 of Division 3.6 of Title 1 of the Government Code, and to add Section 402.5 to the Penal Code, relating to unmanned aircraft systems, and declaring the urgency thereof, to take effect immediately." +38,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10721 of the Water Code is amended to read: +10721. +Unless the context otherwise requires, the following definitions govern the construction of this part: +(a) “Adjudication action” means an action filed in the superior or federal district court to determine the rights to extract groundwater from a basin or store water within a basin, including, but not limited to, actions to quiet title respecting rights to extract or store groundwater or an action brought to impose a physical solution on a basin. +(b) “Basin” means a groundwater basin or subbasin identified and defined in Bulletin 118 or as modified pursuant to Chapter 3 (commencing with Section 10722). +(c) “Bulletin 118” means the department’s report entitled “California’s Groundwater: Bulletin 118” updated in 2003, as it may be subsequently updated or revised in accordance with Section 12924. +(d) “Coordination agreement” means a legal agreement adopted between two or more groundwater sustainability agencies that provides the basis for coordinating multiple agencies or groundwater sustainability plans within a basin pursuant to this part. +(e) “De minimis extractor” means a person who extracts, for domestic purposes, +two +10 +acre-feet or less per year. +(f) “Governing body” means the legislative body of a groundwater sustainability agency. +(g) “Groundwater” means water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels. +(h) “Groundwater extraction facility” means a device or method for extracting groundwater from within a basin. +(i) “Groundwater recharge” means the augmentation of groundwater, by natural or artificial means. +(j) “Groundwater sustainability agency” means one or more local agencies that implement the provisions of this part. For purposes of imposing fees pursuant to Chapter 8 (commencing with Section 10730) or taking action to enforce a groundwater sustainability plan, “groundwater sustainability agency” also means each local agency comprising the groundwater sustainability agency if the plan authorizes separate agency action. +(k) “Groundwater sustainability plan” or “plan” means a plan of a groundwater sustainability agency proposed or adopted pursuant to this part. +(l) “Groundwater sustainability program” means a coordinated and ongoing activity undertaken to benefit a basin, pursuant to a groundwater sustainability plan. +(m) “Local agency” means a local public agency that has water supply, water management, or land use responsibilities within a groundwater basin. +(n) “Operator” means a person operating a groundwater extraction facility. The owner of a groundwater extraction facility shall be conclusively presumed to be the operator unless a satisfactory showing is made to the governing body of the groundwater sustainability agency that the groundwater extraction facility actually is operated by some other person. +(o) “Owner” means a person owning a groundwater extraction facility or an interest in a groundwater extraction facility other than a lien to secure the payment of a debt or other obligation. +(p) “Personal information” has the same meaning as defined in Section 1798.3 of the Civil Code. +(q) “Planning and implementation horizon” means a 50-year time period over which a groundwater sustainability agency determines that plans and measures will be implemented in a basin to ensure that the basin is operated within its sustainable yield. +(r) “Public water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. +(s) “Recharge area” means the area that supplies water to an aquifer in a groundwater basin. +(t) “Sustainability goal” means the existence and implementation of one or more groundwater sustainability plans that achieve sustainable groundwater management by identifying and causing the implementation of measures targeted to ensure that the applicable basin is operated within its sustainable yield. +(u) “Sustainable groundwater management” means the management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results. +(v) “Sustainable yield” means the maximum quantity of water, calculated over a base period representative of long-term conditions in the basin and including any temporary surplus, that can be withdrawn annually from a groundwater supply without causing an undesirable result. +(w) “Undesirable result” means one or more of the following effects caused by groundwater conditions occurring throughout the basin: +(1) Chronic lowering of groundwater levels indicating a significant and unreasonable depletion of supply if continued over the planning and implementation horizon. Overdraft during a period of drought is not sufficient to establish a chronic lowering of groundwater levels if extractions and recharge are managed as necessary to ensure that reductions in groundwater levels or storage during a period of drought are offset by increases in groundwater levels or storage during other periods. +(2) Significant and unreasonable reduction of groundwater storage. +(3) Significant and unreasonable seawater intrusion. +(4) Significant and unreasonable degraded water quality, including the migration of contaminant plumes that impair water supplies. +(5) Significant and unreasonable land subsidence that substantially interferes with surface land uses. +(6) Depletions of interconnected surface water that have significant and unreasonable adverse impacts on beneficial uses of the surface water. +(x) “Water budget” means an accounting of the total groundwater and surface water entering and leaving a basin including the changes in the amount of water stored. +(y) “Watermaster” means a watermaster appointed by a court or pursuant to other law. +(z) “Water year” means the period from October 1 through the following September 30, inclusive. +(aa) “Wellhead protection area” means the surface and subsurface area surrounding a water well or well field that supplies a public water system through which contaminants are reasonably likely to migrate toward the water well or well field.","Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. Existing law authorizes a groundwater sustainability agency to require through its groundwater sustainability plan that the use of every groundwater extraction facility within the management area of the groundwater sustainablity agency be measured by a water-measuring device, but provides that these provisions do not apply to de minimis extractors. Existing law authorizes a groundwater sustainability agency to impose fees but prohibits a groundwater sustainability agency from imposing a fee to fund the costs of a groundwater sustainability program on a de minimis extractor unless the agency has regulated the users pursuant to the act. Existing law generally excepts a de minimis extractor from the requirement that a person who extracts groundwater from a probationary basin, as prescribed, or extracts groundwater on or after July 1, 2017, in an area within a basin that is not within the management area of a groundwater sustainability agency and where the county does not assume responsibility to be the groundwater sustainability agency has to file a report of groundwater extraction by December 15 of each year for extractions made in the preceding water year with the State Water Resources Control Board. Existing law defines a de minimis extractor for these purposes as a person who extracts, for domestic purposes, 2 acre-feet or less per year. +This bill would define a de minimis extractor for the purposes of these provisions as a person who extracts, for domestic purposes, 10 acre-feet or less per year.","An act to amend Section 10721 of the Water Code, relating to groundwater." +39,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1347 of the Penal Code is amended to read: +1347. +(a) It is the intent of the Legislature in enacting this section to provide the court with discretion to employ alternative court procedures to protect the rights of a child witness, the rights of the defendant, and the integrity of the judicial process. In exercising its discretion, the court necessarily will be required to balance the rights of the defendant or defendants against the need to protect a child witness and to preserve the integrity of the court’s truthfinding function. This discretion is intended to be used selectively when the facts and circumstances in an individual case present compelling evidence of the need to use these alternative procedures. +(b) Notwithstanding any other law, the court in a criminal proceeding, upon written notice by the prosecutor made at least three days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled, or during the course of the proceeding on the court’s own motion, may order that the testimony of a minor 13 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes all of the following findings: +(1) The minor’s testimony will involve a recitation of the facts of any of the following: +(A) An alleged sexual offense committed on or with the minor. +(B) An alleged violent felony, as defined in subdivision (c) of Section 667.5. +(C) An alleged felony offense specified in Section 273a or 273d of which the minor is a victim. +(2) The impact on the minor of one or more of the factors enumerated in subparagraphs (A) to (E), inclusive, is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness unless closed-circuit testimony is used. +(A) Testimony by the minor in the presence of the defendant would result in the child suffering serious emotional distress so that the child would be unavailable as a witness. +(B) The defendant used a deadly weapon in the commission of the offense. +(C) The defendant threatened serious bodily injury to the child or the child’s family, threatened incarceration or deportation of the child or a member of the child’s family, threatened removal of the child from the child’s family, or threatened the dissolution of the child’s family in order to prevent or dissuade the minor from attending or giving testimony at any trial or court proceeding, or to prevent the minor from reporting the alleged sexual offense, or from assisting in criminal prosecution. +(D) The defendant inflicted great bodily injury upon the child in the commission of the offense. +(E) The defendant or his or her counsel behaved during the hearing or trial in a way that caused the minor to be unable to continue his or her testimony. +In making the determination required by this section, the court shall consider the age of the minor, the relationship between the minor and the defendant or defendants, any handicap or disability of the minor, and the nature of the acts charged. The minor’s refusal to testify shall not alone constitute sufficient evidence that the special procedure described in this section is necessary to obtain the minor’s testimony. +(3) The equipment available for use of closed-circuit television would accurately communicate the image and demeanor of the minor to the judge, jury, defendant or defendants, and attorneys. +(c) If the court orders the use of closed-circuit television, two-way closed-circuit television shall be used, except that if the impact on the minor of one or more of the factors enumerated in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (b), is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness even if two-way closed-circuit television is used, one-way closed-circuit television may be used. The prosecution shall give the defendant or defendants at least 30 days’ written notice of the prosecution’s intent to seek the use of one-way closed-circuit television, unless the prosecution shows good cause to the court why this 30-day notice requirement should not apply. +(d) (1) The hearing on a motion brought pursuant to this section shall be conducted out of the presence of the jury. +(2) Notwithstanding Section 804 of the Evidence Code or any other law, the court, in determining the merits of the motion, shall not compel the minor to testify at the hearing, nor shall the court deny the motion on the ground that the minor has not testified. +(3) In determining whether the impact on an individual child of one or more of the five factors enumerated in paragraph (2) of subdivision (b) is so substantial that the minor is unavailable as a witness unless two-way or one-way closed-circuit television is used, the court may question the minor in chambers, or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the support person, the prosecutor, and defense counsel present. The defendant or defendants shall not be present. The court shall conduct the questioning of the minor and shall not permit the prosecutor or defense counsel to examine the minor. The prosecutor and defense counsel shall be permitted to submit proposed questions to the court prior to the session in chambers. Defense counsel shall be afforded a reasonable opportunity to consult with the defendant or defendants prior to the conclusion of the session in chambers. +(e) When the court orders the testimony of a minor to be taken in another place outside of the courtroom, the court shall do all of the following: +(1) Make a brief statement on the record, outside of the presence of the jury, of the reasons in support of its order. While the statement need not include traditional findings of fact, the reasons shall be set forth with sufficient specificity to permit meaningful review and to demonstrate that discretion was exercised in a careful, reasonable, and equitable manner. +(2) Instruct the members of the jury that they are to draw no inferences from the use of closed-circuit television as a means of facilitating the testimony of the minor. +(3) Instruct respective counsel, outside of the presence of the jury, that they are to make no comment during the course of the trial on the use of closed-circuit television procedures. +(4) Instruct the support witness, outside of the presence of the jury, that he or she is not to coach, cue, or in any way influence or attempt to influence the testimony of the minor. +(5) Order that a complete record of the examination of the minor, including the images and voices of all persons who in any way participate in the examination, be made and preserved as a video recording in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending and shall be made available for viewing to the prosecuting attorney, the defendant or defendants, and his or her attorney during ordinary business hours. The video recording shall be destroyed after five years have elapsed from the date of entry of judgment. If an appeal is filed, the video recording shall not be destroyed until a final judgment on appeal has been ordered. A video recording that is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the witness. This subdivision does not affect the provisions of subdivision (b) of Section 868.7. +(f) When the court orders the testimony of a minor to be taken in another place outside the courtroom, only the minor, a support person designated pursuant to Section 868.5, a nonuniformed bailiff, any technicians necessary to operate the closed-circuit equipment, and, after consultation with the prosecution and the defense, a representative appointed by the court, shall be physically present for the testimony. A video recording device shall record the image of the minor and his or her testimony, and a separate video recording device shall record the image of the support person. +(g) When the court orders the testimony of a minor to be taken in another place outside the courtroom, the minor shall be brought into the judge’s chambers prior to the taking of his or her testimony to meet for a reasonable period of time with the judge, the prosecutor, and defense counsel. A support person for the minor shall also be present. This meeting shall be for the purpose of explaining the court process to the child and to allow the attorneys an opportunity to establish rapport with the child to facilitate later questioning by closed-circuit television. No participant shall discuss the defendant or defendants or any of the facts of the case with the minor during this meeting. +(h) When the court orders the testimony of a minor to be taken in another place outside the courtroom, nothing in this section prohibits the court from ordering the minor to be brought into the courtroom for a limited purpose, including the identification of the defendant or defendants as the court deems necessary. +(i) The examination shall be under oath, and the defendant or defendants shall be able to see and hear the minor witness, and if two-way closed-circuit television is used, the defendant’s image shall be transmitted live to the witness. +(j) Nothing in this section affects the disqualification of witnesses pursuant to Section 701 of the Evidence Code. +(k) The cost of examination by contemporaneous closed-circuit television ordered pursuant to this section shall be borne by the court out of its existing budget. +(l) Nothing in this section shall be construed to prohibit a defendant from being represented by counsel during any closed-circuit testimony.","Existing law authorizes a court in a criminal proceeding, upon written notice by the prosecutor made at least 3 days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled or during the course of the proceeding on the court’s own motion, to order that the testimony of a minor 13 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes specified findings. One of the findings existing law requires is that the minor’s testimony will involve a recitation of the facts of specified crimes, including an alleged violent felony of which the minor is a victim. +This bill would authorize a minor 13 years of age or younger to testify by contemporaneous examination and cross-examination if the testimony will involve the recitation of the facts of an alleged violent felony, whether or not the minor is a victim.","An act to amend Section 1347 of the Penal Code, relating to crimes." +40,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 3.6 (commencing with Section 1546) is added to Title 12 of Part 2 of the Penal Code, to read: +CHAPTER 3.6. Electronic Communications Privacy Act +1546. +For purposes of this chapter, the following definitions apply: +(a) An “adverse result” means any of the following: +(1) Danger to the life or physical safety of an individual. +(2) Flight from prosecution. +(3) Destruction of or tampering with evidence. +(4) Intimidation of potential witnesses. +(5) Serious jeopardy to an investigation or undue delay of a trial. +(b) “Authorized possessor” means the possessor of an electronic device when that person is the owner of the device or has been authorized to possess the device by the owner of the device. +(c) “Electronic communication” means the transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. +(d) “Electronic communication information” means any information about an electronic communication or the use of an electronic communication service, including, but not limited to, the contents, sender, recipients, format, or location of the sender or recipients at any point during the communication, the time or date the communication was created, sent, or received, or any information pertaining to any individual or device participating in the communication, including, but not limited to, an IP address. Electronic communication information does not include subscriber information as defined in this chapter. +(e) “Electronic communication service” means a service that provides to its subscribers or users the ability to send or receive electronic communications, including any service that acts as an intermediary in the transmission of electronic communications, or stores electronic communication information. +(f) “Electronic device” means a device that stores, generates, or transmits information in electronic form. +(g) “Electronic device information” means any information stored on or generated through the operation of an electronic device, including the current and prior locations of the device. +(h) “Electronic information” means electronic communication information or electronic device information. +(i) “Government entity” means a department or agency of the state or a political subdivision thereof, or an individual acting for or on behalf of the state or a political subdivision thereof. +(j) “Service provider” means a person or entity offering an electronic communication service. +(k) “Specific consent” means consent provided directly to the government entity seeking information, including, but not limited to, when the government entity is the addressee or intended recipient or a member of the intended audience of an electronic communication. Specific consent does not require that the originator of the communication have actual knowledge that an addressee, intended recipient, or member of the specific audience is a government entity. +(l) “Subscriber information” means the name, street address, telephone number, email address, or similar contact information provided by the subscriber to the provider to establish or maintain an account or communication channel, a subscriber or account number or identifier, the length of service, and the types of services used by a user of or subscriber to a service provider. +1546.1. +(a) Except as provided in this section, a government entity shall not do any of the following: +(1) Compel the production of or access to electronic communication information from a service provider. +(2) Compel the production of or access to electronic device information from any person or entity other than the authorized possessor of the device. +(3) Access electronic device information by means of physical interaction or electronic communication with the electronic device. This section does not prohibit the intended recipient of an electronic communication from voluntarily disclosing electronic communication information concerning that communication to a government entity. +(b) A government entity may compel the production of or access to electronic communication information from a service provider, or compel the production of or access to electronic device information from any person or entity other than the authorized possessor of the device only under the following circumstances: +(1) Pursuant to a warrant issued pursuant to Chapter 3 (commencing with Section 1523) and subject to subdivision (d). +(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4 (commencing with Section 629.50) of Title 15 of Part 1. +(3) Pursuant to an order for electronic reader records issued pursuant to Section 1798.90 of the Civil Code. +(4) Pursuant to a subpoena issued pursuant to existing state law, provided that the information is not sought for the purpose of investigating or prosecuting a criminal offense, and compelling the production of or access to the information via the subpoena is not otherwise prohibited by state or federal law. Nothing in this paragraph shall be construed to expand any authority under state law to compel the production of or access to electronic information. +(c) A government entity may access electronic device information by means of physical interaction or electronic communication with the device only as follows: +(1) Pursuant to a warrant issued pursuant to Chapter 3 (commencing with Section 1523) and subject to subdivision (d). +(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4 (commencing with Section 629.50) of Title 15 of Part 1. +(3) With the specific consent of the authorized possessor of the device. +(4) With the specific consent of the owner of the device, only when the device has been reported as lost or stolen. +(5) If the government entity, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires access to the electronic device information. +(6) If the government entity, in good faith, believes the device to be lost, stolen, or abandoned, provided that the entity shall only access electronic device information in order to attempt to identify, verify, or contact the owner or authorized possessor of the device. +(7) Except where prohibited by state or federal law, if the device is seized from an inmate’s possession or found in an area of a correctional facility under the jurisdiction of the Department of Corrections and Rehabilitation where inmates have access and the device is not in the possession of an individual and the device is not known or believed to be the possession of an authorized visitor. Nothing in this paragraph shall be construed to supersede or override Section 4576. +(d) Any warrant for electronic information shall comply with the following: +(1) The warrant shall describe with particularity the information to be seized by specifying the time periods covered and, as appropriate and reasonable, the target individuals or accounts, the applications or services covered, and the types of information sought. +(2) The warrant shall require that any information obtained through the execution of the warrant that is unrelated to the objective of the warrant shall be sealed and not subject to further review, use, or disclosure without a court order. A court shall issue such an order upon a finding that there is probable cause to believe that the information is relevant to an active investigation, or review, use, or disclosure is required by state or federal law. +(3) The warrant shall comply with all other provisions of California and federal law, including any provisions prohibiting, limiting, or imposing additional requirements on the use of search warrants. If directed to a service provider, the warrant shall be accompanied by an order requiring the service provider to verify the authenticity of electronic information that it produces by providing an affidavit that complies with the requirements set forth in Section 1561 of the Evidence Code. Admission of that information into evidence shall be subject to Section 1562 of the Evidence Code. +(e) When issuing any warrant or order for electronic information, or upon the petition from the target or recipient of the warrant or order, a court may, at its discretion, do any or all of the following: +(1) Appoint a special master, as described in subdivision (d) of Section 1524, charged with ensuring that only information necessary to achieve the objective of the warrant or order is produced or accessed. +(2) Require that any information obtained through the execution of the warrant or order that is unrelated to the objective of the warrant be destroyed as soon as feasible after the termination of the current investigation and any related investigations or proceedings. +(f) A service provider may voluntarily disclose electronic communication information or subscriber information when that disclosure is not otherwise prohibited by state or federal law. +(g) If a government entity receives electronic communication information voluntarily provided pursuant to subdivision (f), it shall destroy that information within 90 days unless one or more of the following circumstances apply: +(1) The entity has or obtains the specific consent of the sender or recipient of the electronic communications about which information was disclosed. +(2) The entity obtains a court order authorizing the retention of the information. A court shall issue a retention order upon a finding that the conditions justifying the initial voluntary disclosure persist, in which case the court shall authorize the retention of the information only for so long as those conditions persist, or there is probable cause to believe that the information constitutes evidence that a crime has been committed. +(3) The entity reasonably believes that the information relates to child pornography and the information is retained as part of a multiagency database used in the investigation of child pornography and related crimes. +(h) If a government entity obtains electronic information pursuant to an emergency involving danger of death or serious physical injury to a person, that requires access to the electronic information without delay, the entity shall, within three days after obtaining the electronic information, file with the appropriate court an application for a warrant or order authorizing obtaining the electronic information or a motion seeking approval of the emergency disclosures that shall set forth the facts giving rise to the emergency, and if applicable, a request supported by a sworn affidavit for an order delaying notification under paragraph (1) of subdivision (b) of Section 1546.2. The court shall promptly rule on the application or motion and shall order the immediate destruction of all information obtained, and immediate notification pursuant to subdivision (a) of Section 1546.2 if such notice has not already been given, upon a finding that the facts did not give rise to an emergency or upon rejecting the warrant or order application on any other ground. +(i) This section does not limit the authority of a government entity to use an administrative, grand jury, trial, or civil discovery subpoena to do any of the following: +(1) Require an originator, addressee, or intended recipient of an electronic communication to disclose any electronic communication information associated with that communication. +(2) Require an entity that provides electronic communications services to its officers, directors, employees, or agents for the purpose of carrying out their duties, to disclose electronic communication information associated with an electronic communication to or from an officer, director, employee, or agent of the entity. +(3) Require a service provider to provide subscriber information. +1546.2. +(a) Except as otherwise provided in this section, any government entity that executes a warrant, or obtains electronic information in an emergency pursuant to Section 1546.1, shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, the identified targets of the warrant or emergency request, a notice that informs the recipient that information about the recipient has been compelled or requested, and states with reasonable specificity the nature of the government investigation under which the information is sought. The notice shall include a copy of the warrant or a written statement setting forth facts giving rise to the emergency. The notice shall be provided contemporaneously with the execution of a warrant, or, in the case of an emergency, within three days after obtaining the electronic information. +(b) (1) When a warrant is sought or electronic information is obtained in an emergency under Section 1546.1, the government entity may submit a request supported by a sworn affidavit for an order delaying notification and prohibiting any party providing information from notifying any other party that information has been sought. The court shall issue the order if the court determines that there is reason to believe that notification may have an adverse result, but only for the period of time that the court finds there is reason to believe that the notification may have that adverse result, and not to exceed 90 days. +(2) The court may grant extensions of the delay of up to 90 days each on the same grounds as provided in paragraph (1). +(3) Upon expiration of the period of delay of the notification, the government entity shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective as specified by the court issuing the order authorizing delayed notification, the identified targets of the warrant, a document that includes the information described in subdivision (a), a copy of all electronic information obtained or a summary of that information, including, at a minimum, the number and types of records disclosed, the date and time when the earliest and latest records were created, and a statement of the grounds for the court’s determination to grant a delay in notifying the individual. +(c) If there is no identified target of a warrant or emergency request at the time of its issuance, the government entity shall submit to the Department of Justice within three days of the execution of the warrant or issuance of the request all of the information required in subdivision (a). If an order delaying notice is obtained pursuant to subdivision (b), the government entity shall submit to the department upon the expiration of the period of delay of the notification all of the information required in paragraph (3) of subdivision (b). The department shall publish all those reports on its Internet Web site within 90 days of receipt. The department may redact names or other personal identifying information from the reports. +(d) Except as otherwise provided in this section, nothing in this chapter shall prohibit or limit a service provider or any other party from disclosing information about any request or demand for electronic information. +1546.4. +(a) Any person in a trial, hearing, or proceeding may move to suppress any electronic information obtained or retained in violation of the Fourth Amendment to the United States Constitution or of this chapter. The motion shall be made, determined, and be subject to review in accordance with the procedures set forth in subdivisions (b) to (q), inclusive, of Section 1538.5. +(b) The Attorney General may commence a civil action to compel any government entity to comply with the provisions of this chapter. +(c) An individual whose information is targeted by a warrant, order, or other legal process that is inconsistent with this chapter, or the California Constitution or the United States Constitution, or a service provider or any other recipient of the warrant, order, or other legal process may petition the issuing court to void or modify the warrant, order, or process, or to order the destruction of any information obtained in violation of this chapter, or the California Constitution, or the United States Constitution. +(d) A California or foreign corporation, and its officers, employees, and agents, are not subject to any cause of action for providing records, information, facilities, or assistance in accordance with the terms of a warrant, court order, statutory authorization, emergency certification, or wiretap order issued pursuant to this chapter.","(1) Existing law provides that a search warrant may only be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law also states the grounds upon which a search warrant may be issued, including, among other grounds, when the property or things to be seized consist of any item or constitute any evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony, or when there is a warrant to arrest a person. +This bill would prohibit a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, or subpoena issued pursuant under specified conditions, except for emergency situations, as defined. The bill would also specify the conditions under which a government entity may access electronic device information by means of physical interaction or electronic communication with the device, such as pursuant to a search warrant, wiretap order, or consent of the owner of the device. The bill would define a number of terms for those purposes, including, among others, “electronic communication information” and “electronic device information,” which the bill defines collectively as “electronic information.” The bill would require a search warrant for electronic information to describe with particularity the information to be seized and would impose other conditions on the use of the search warrant or wiretap order and the information obtained, including retention, sealing, and disclosure. The bill would require a warrant directed to a service provider to be accompanied by an order requiring the service provider to verify by affidavit the authenticity of electronic information that it produces, as specified. The bill would authorize a service provider to voluntarily disclose, when not otherwise prohibited by state or federal law, electronic communication information or subscriber information, and would require a government entity to destroy information so provided within 90 days, subject to specified exceptions. The bill would, subject to exceptions, require a government entity that executes a search warrant pursuant to these provisions to contemporaneously provide notice, as specified, to the identified target, that informs the recipient that information about the recipient has been compelled or requested, and that states the nature of the government investigation under which the information is sought. The bill would authorize a delay of 90 days, subject to renewal, for providing the notice under specified conditions that constitute an emergency. The bill would require the notice to include a copy of the warrant or statement describing the emergency under which the notice was delayed. The bill would provide that any person in a trial, hearing, or proceeding may move to suppress any electronic information obtained or retained in violation of its provisions, according to specified procedures. The bill would provide that a California or foreign corporation, and its officers, employees, and agents, are not subject to any cause of action for providing records, information, facilities, or assistance in accordance with the terms of a warrant, wiretap order, or other order issued pursuant to these provisions. +(2) The California Constitution provides for the Right to Truth in Evidence, which requires a +2/3 +vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. +Because this bill would exclude evidence obtained or retained in violation of its provisions in a criminal proceeding, it requires a +2/3 +vote of the Legislature.","An act to add Chapter 3.6 (commencing with Section 1546) to Title 12 of Part 2 of the Penal Code, relating to privacy." +41,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the First Validating Act of 2015. +SEC. 2. +As used in this act: +(a) “Public body” means all of the following: +(1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” also means all cities, counties, cities and counties, districts, authorities, agencies, boards, commissions, and other entities, whether created by a general statute or a special act, including, but not limited to, the following: +Agencies, boards, commissions, or entities constituted or provided for under or pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). +Air pollution control districts of any kind. +Air quality management districts. +Airport districts. +Assessment districts, benefit assessment districts, and special assessment districts of any public body. +Bridge and highway districts. +California water districts. +Citrus pest control districts. +City maintenance districts. +Community college districts. +Community development commissions in their capacity to act as a housing authority for other community development purposes of the jurisdiction in which the commission operates, except for any action taken with respect to the commission’s authority to act as a community redevelopment agency. +Community facilities districts. +Community rehabilitation districts. +Community services districts. +Conservancy districts. +Cotton pest abatement districts. +County boards of education. +County drainage districts. +County flood control and water districts. +County free library systems. +County maintenance districts. +County sanitation districts. +County service areas. +County transportation commissions. +County water agencies. +County water authorities. +County water districts. +County waterworks districts. +Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. +Distribution districts of any public body. +Drainage districts. +Fire protection districts. +Flood control and water conservation districts. +Flood control districts. +Garbage and refuse disposal districts. +Garbage disposal districts. +Geologic hazard abatement districts. +Harbor districts. +Harbor improvement districts. +Harbor, recreation, and conservation districts. +Health care authorities. +Highway districts. +Highway interchange districts. +Highway lighting districts. +Housing authorities. +Improvement districts or improvement areas of any public body. +Industrial development authorities. +Infrastructure financing districts. +Integrated financing districts. +Irrigation districts. +Joint highway districts. +Levee districts. +Library districts. +Library districts in unincorporated towns and villages. +Local agency formation commissions. +Local health care districts. +Local health districts. +Local hospital districts. +Local transportation authorities or commissions. +Maintenance districts. +Memorial districts. +Metropolitan transportation commissions. +Metropolitan water districts. +Mosquito abatement and vector control districts. +Multifamily improvement districts. +Municipal improvement districts. +Municipal utility districts. +Municipal water districts. +Nonprofit corporations. +Nonprofit public benefit corporations. +Open-space maintenance districts. +Parking and business improvement areas. +Parking authorities. +Parking districts. +Permanent road divisions. +Pest abatement districts. +Police protection districts. +Port districts. +Property and business improvement areas. +Protection districts. +Public cemetery districts. +Public utility districts. +Rapid transit districts. +Reclamation districts. +Recreation and park districts. +Regional justice facility financing agencies. +Regional park and open-space districts. +Regional planning districts. +Regional transportation commissions. +Resort improvement districts. +Resource conservation districts. +River port districts. +Road maintenance districts. +Sanitary districts. +School districts of any kind or class. +School facilities improvement districts. +Separation of grade districts. +Service authorities for freeway emergencies. +Sewer districts. +Sewer maintenance districts. +Small craft harbor districts. +Special municipal tax districts. +Stone and pome fruit pest control districts. +Storm drain maintenance districts. +Storm drainage districts. +Storm drainage maintenance districts. +Storm water districts. +Toll tunnel authorities. +Traffic authorities. +Transit development boards. +Transit districts. +Unified and union school districts’ public libraries. +Vehicle parking districts. +Water agencies. +Water authorities. +Water conservation districts. +Water districts. +Water replenishment districts. +Water storage districts. +Watermaster districts. +Wine grape pest and disease control districts. +Zones, improvement zones, or service zones of any public body. +(2) Notwithstanding paragraph (1), “public body” does not include any of the following: +(A) A community redevelopment agency formed pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). +(B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. +(C) A joint powers authority that includes a community redevelopment agency or a community development commission as a member, with respect to its exercise of the powers of a community redevelopment agency. +(b) “Bonds” means all instruments evidencing an indebtedness of a public body incurred or to be incurred for any public purpose, all leases, installment purchase agreements, or similar agreements wherein the obligor is one or more public bodies, all instruments evidencing the borrowing of money in anticipation of taxes, revenues, or other income of that body, all instruments payable from revenues or special funds of those public bodies, all certificates of participation evidencing interests in the leases, installment purchase agreements, or similar agreements, and all instruments funding, refunding, replacing, or amending any thereof or any indebtedness. +(c) “Hereafter” means any time subsequent to the effective date of this act. +(d) “Heretofore” means any time prior to the effective date of this act. +(e) “Now” means the effective date of this act. +SEC. 3. +All public bodies heretofore organized or existing under any law, or under color of any law, are hereby declared to have been legally organized and to be legally functioning as those public bodies. Every public body, heretofore described, shall have all the rights, powers, and privileges, and be subject to all the duties and obligations, of those public bodies regularly formed pursuant to law. +SEC. 4. +The boundaries of every public body as heretofore established, defined, or recorded, or as heretofore actually shown on maps or plats used by the assessor, are hereby confirmed, validated, and declared legally established. +SEC. 5. +All acts and proceedings heretofore taken by any public body or bodies under any law, or under color of any law, for the annexation or inclusion of territory into those public bodies or for the annexation of those public bodies to any other public body or for the detachment, withdrawal, or exclusion of territory from any public body or for the consolidation, merger, or dissolution of any public bodies are hereby confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of any public body and of any person, public officer, board, or agency heretofore done or taken upon the question of the annexation or inclusion or of the withdrawal or exclusion of territory or the consolidation, merger, or dissolution of those public bodies. +SEC. 6. +(a) All acts and proceedings heretofore taken by or on behalf of any public body under any law, or under color of any law, for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds of any public body for any public purpose are hereby authorized, confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of public bodies and of any person, public officer, board, or agency heretofore done or taken upon the question of the authorization, issuance, sale, execution, delivery, or exchange of bonds. +(b) All bonds of, or relating to, any public body heretofore issued shall be, in the form and manner issued and delivered, the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore awarded and sold to a purchaser and hereafter issued and delivered in accordance with the contract of sale and other proceedings for the award and sale shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued by ordinance, resolution, order, or other action adopted or taken by or on behalf of the public body and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued at an election and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. Whenever an election has heretofore been called for the purpose of submitting to the voters of any public body the question of issuing bonds for any public purpose, those bonds, if hereafter authorized by the required vote and in accordance with the proceedings heretofore taken, and issued and delivered in accordance with that authorization, shall be the legal, valid, and binding obligations of the public body. +SEC. 7. +(a) This act shall operate to supply legislative authorization as may be necessary to authorize, confirm, and validate any acts and proceedings heretofore taken pursuant to authority the Legislature could have supplied or provided for in the law under which those acts or proceedings were taken. +(b) This act shall be limited to the validation of acts and proceedings to the extent that the same can be effectuated under the California Constitution and the United States Constitution. +(c) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter being legally contested or inquired into in any legal proceeding now pending and undetermined or that is pending and undetermined during the period of 30 days from and after the effective date of this act. +(d) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter that has heretofore been determined in any legal proceeding to be illegal, void, or ineffective. +(e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. +SEC. 8. +Any action or proceeding contesting the validity of any action or proceeding heretofore taken under any law, or under color of any law, for the formation, organization, or incorporation of any public body, or for any annexation thereto, detachment or exclusion therefrom, or other change of boundaries thereof, or for the consolidation, merger, or dissolution of any public bodies, or for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds thereof upon any ground involving any alleged defect or illegality not effectively validated by the prior provisions of this act and not otherwise barred by any statute of limitations or by laches shall be commenced within six months of the effective date of this act, otherwise each and all of those matters shall be held to be valid and in every respect legal and incontestable. This act shall not extend the period allowed for legal action beyond the period that it would be barred by any presently existing valid statute of limitations. +SEC. 9. +Nothing contained in this act shall be construed to render the creation of any public body, or any change in the boundaries of any public body, effective for purposes of assessment or taxation unless the statement, together with the map or plat, required to be filed pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, is filed within the time and substantially in the manner required by those sections. +SEC. 10. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to validate the organization, boundaries, acts, proceedings, and bonds of public bodies as soon as possible, it is necessary that this act take immediate effect.","This bill would enact the First Validating Act of 2015, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to validate the organization, boundaries, acts, proceedings, and bonds of public bodies, and to provide limitations of time in which actions may be commenced, and declaring the urgency thereof, to take effect immediately." +42,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the Second Validating Act of 2015. +SEC. 2. +As used in this act: +(a) “Public body” means all of the following: +(1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” also means all cities, counties, cities and counties, districts, authorities, agencies, boards, commissions, and other entities, whether created by a general statute or a special act, including, but not limited to, the following: +Agencies, boards, commissions, or entities constituted or provided for under or pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). +Air pollution control districts of any kind. +Air quality management districts. +Airport districts. +Assessment districts, benefit assessment districts, and special assessment districts of any public body. +Bridge and highway districts. +California water districts. +Citrus pest control districts. +City maintenance districts. +Community college districts. +Community development commissions in their capacity to act as a housing authority for other community development purposes of the jurisdiction in which the commission operates, except for any action taken with respect to the commission’s authority to act as a community redevelopment agency. +Community facilities districts. +Community rehabilitation districts. +Community services districts. +Conservancy districts. +Cotton pest abatement districts. +County boards of education. +County drainage districts. +County flood control and water districts. +County free library systems. +County maintenance districts. +County sanitation districts. +County service areas. +County transportation commissions. +County water agencies. +County water authorities. +County water districts. +County waterworks districts. +Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. +Distribution districts of any public body. +Drainage districts. +Fire protection districts. +Flood control and water conservation districts. +Flood control districts. +Garbage and refuse disposal districts. +Garbage disposal districts. +Geologic hazard abatement districts. +Harbor districts. +Harbor improvement districts. +Harbor, recreation, and conservation districts. +Health care authorities. +Highway districts. +Highway interchange districts. +Highway lighting districts. +Housing authorities. +Improvement districts or improvement areas of any public body. +Industrial development authorities. +Infrastructure financing districts. +Integrated financing districts. +Irrigation districts. +Joint highway districts. +Levee districts. +Library districts. +Library districts in unincorporated towns and villages. +Local agency formation commissions. +Local health care districts. +Local health districts. +Local hospital districts. +Local transportation authorities or commissions. +Maintenance districts. +Memorial districts. +Metropolitan transportation commissions. +Metropolitan water districts. +Mosquito abatement and vector control districts. +Multifamily improvement districts. +Municipal improvement districts. +Municipal utility districts. +Municipal water districts. +Nonprofit corporations. +Nonprofit public benefit corporations. +Open-space maintenance districts. +Parking and business improvement areas. +Parking authorities. +Parking districts. +Permanent road divisions. +Pest abatement districts. +Police protection districts. +Port districts. +Property and business improvement areas. +Protection districts. +Public cemetery districts. +Public utility districts. +Rapid transit districts. +Reclamation districts. +Recreation and park districts. +Regional justice facility financing agencies. +Regional park and open-space districts. +Regional planning districts. +Regional transportation commissions. +Resort improvement districts. +Resource conservation districts. +River port districts. +Road maintenance districts. +Sanitary districts. +School districts of any kind or class. +School facilities improvement districts. +Separation of grade districts. +Service authorities for freeway emergencies. +Sewer districts. +Sewer maintenance districts. +Small craft harbor districts. +Special municipal tax districts. +Stone and pome fruit pest control districts. +Storm drain maintenance districts. +Storm drainage districts. +Storm drainage maintenance districts. +Storm water districts. +Toll tunnel authorities. +Traffic authorities. +Transit development boards. +Transit districts. +Unified and union school districts’ public libraries. +Vehicle parking districts. +Water agencies. +Water authorities. +Water conservation districts. +Water districts. +Water replenishment districts. +Water storage districts. +Watermaster districts. +Wine grape pest and disease control districts. +Zones, improvement zones, or service zones of any public body. +(2) Notwithstanding paragraph (1), “public body” does not include any of the following: +(A) A community redevelopment agency formed pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). +(B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. +(C) A joint powers authority that includes a community redevelopment agency or a community development commission as a member, with respect to its exercise of the powers of a community redevelopment agency. +(b) “Bonds” means all instruments evidencing an indebtedness of a public body incurred or to be incurred for any public purpose, all leases, installment purchase agreements, or similar agreements wherein the obligor is one or more public bodies, all instruments evidencing the borrowing of money in anticipation of taxes, revenues, or other income of that body, all instruments payable from revenues or special funds of those public bodies, all certificates of participation evidencing interests in the leases, installment purchase agreements, or similar agreements, and all instruments funding, refunding, replacing, or amending any thereof or any indebtedness. +(c) “Hereafter” means any time subsequent to the effective date of this act. +(d) “Heretofore” means any time prior to the effective date of this act. +(e) “Now” means the effective date of this act. +SEC. 3. +All public bodies heretofore organized or existing under any law, or under color of any law, are hereby declared to have been legally organized and to be legally functioning as those public bodies. Every public body, heretofore described, shall have all the rights, powers, and privileges, and be subject to all the duties and obligations, of those public bodies regularly formed pursuant to law. +SEC. 4. +The boundaries of every public body as heretofore established, defined, or recorded, or as heretofore actually shown on maps or plats used by the assessor, are hereby confirmed, validated, and declared legally established. +SEC. 5. +All acts and proceedings heretofore taken by any public body or bodies under any law, or under color of any law, for the annexation or inclusion of territory into those public bodies or for the annexation of those public bodies to any other public body or for the detachment, withdrawal, or exclusion of territory from any public body or for the consolidation, merger, or dissolution of any public bodies are hereby confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of any public body and of any person, public officer, board, or agency heretofore done or taken upon the question of the annexation or inclusion or of the withdrawal or exclusion of territory or the consolidation, merger, or dissolution of those public bodies. +SEC. 6. +(a) All acts and proceedings heretofore taken by or on behalf of any public body under any law, or under color of any law, for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds of any public body for any public purpose are hereby authorized, confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of public bodies and of any person, public officer, board, or agency heretofore done or taken upon the question of the authorization, issuance, sale, execution, delivery, or exchange of bonds. +(b) All bonds of, or relating to, any public body heretofore issued shall be, in the form and manner issued and delivered, the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore awarded and sold to a purchaser and hereafter issued and delivered in accordance with the contract of sale and other proceedings for the award and sale shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued by ordinance, resolution, order, or other action adopted or taken by or on behalf of the public body and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued at an election and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. Whenever an election has heretofore been called for the purpose of submitting to the voters of any public body the question of issuing bonds for any public purpose, those bonds, if hereafter authorized by the required vote and in accordance with the proceedings heretofore taken, and issued and delivered in accordance with that authorization, shall be the legal, valid, and binding obligations of the public body. +SEC. 7. +(a) This act shall operate to supply legislative authorization as may be necessary to authorize, confirm, and validate any acts and proceedings heretofore taken pursuant to authority the Legislature could have supplied or provided for in the law under which those acts or proceedings were taken. +(b) This act shall be limited to the validation of acts and proceedings to the extent that the same can be effectuated under the California Constitution and the United States Constitution. +(c) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter being legally contested or inquired into in any legal proceeding now pending and undetermined or that is pending and undetermined during the period of 30 days from and after the effective date of this act. +(d) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter that has heretofore been determined in any legal proceeding to be illegal, void, or ineffective. +(e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. +SEC. 8. +Any action or proceeding contesting the validity of any action or proceeding heretofore taken under any law, or under color of any law, for the formation, organization, or incorporation of any public body, or for any annexation thereto, detachment or exclusion therefrom, or other change of boundaries thereof, or for the consolidation, merger, or dissolution of any public bodies, or for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds thereof upon any ground involving any alleged defect or illegality not effectively validated by the prior provisions of this act and not otherwise barred by any statute of limitations or by laches shall be commenced within six months of the effective date of this act, otherwise each and all of those matters shall be held to be valid and in every respect legal and incontestable. This act shall not extend the period allowed for legal action beyond the period that it would be barred by any presently existing valid statute of limitations. +SEC. 9. +Nothing contained in this act shall be construed to render the creation of any public body, or any change in the boundaries of any public body, effective for purposes of assessment or taxation unless the statement, together with the map or plat, required to be filed pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, is filed within the time and substantially in the manner required by those sections. +SEC. 10. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to validate the organization, boundaries, acts, proceedings, and bonds of public bodies as soon as possible, it is necessary that this act take immediate effect.","This bill would enact the Second Validating Act of 2015, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to validate the organization, boundaries, acts, proceedings, and bonds of public bodies, and to provide limitations of time in which actions may be commenced, and declaring the urgency thereof, to take effect immediately." +43,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the Third Validating Act of 2015. +SEC. 2. +As used in this act: +(a) “Public body” means all of the following: +(1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” also means all cities, counties, cities and counties, districts, authorities, agencies, boards, commissions, and other entities, whether created by a general statute or a special act, including, but not limited to, the following: +Agencies, boards, commissions, or entities constituted or provided for under or pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). +Air pollution control districts of any kind. +Air quality management districts. +Airport districts. +Assessment districts, benefit assessment districts, and special assessment districts of any public body. +Bridge and highway districts. +California water districts. +Citrus pest control districts. +City maintenance districts. +Community college districts. +Community development commissions in their capacity to act as a housing authority for other community development purposes of the jurisdiction in which the commission operates, except for any action taken with respect to the commission’s authority to act as a community redevelopment agency. +Community facilities districts. +Community rehabilitation districts. +Community services districts. +Conservancy districts. +Cotton pest abatement districts. +County boards of education. +County drainage districts. +County flood control and water districts. +County free library systems. +County maintenance districts. +County sanitation districts. +County service areas. +County transportation commissions. +County water agencies. +County water authorities. +County water districts. +County waterworks districts. +Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. +Distribution districts of any public body. +Drainage districts. +Fire protection districts. +Flood control and water conservation districts. +Flood control districts. +Garbage and refuse disposal districts. +Garbage disposal districts. +Geologic hazard abatement districts. +Harbor districts. +Harbor improvement districts. +Harbor, recreation, and conservation districts. +Health care authorities. +Highway districts. +Highway interchange districts. +Highway lighting districts. +Housing authorities. +Improvement districts or improvement areas of any public body. +Industrial development authorities. +Infrastructure financing districts. +Integrated financing districts. +Irrigation districts. +Joint highway districts. +Levee districts. +Library districts. +Library districts in unincorporated towns and villages. +Local agency formation commissions. +Local health care districts. +Local health districts. +Local hospital districts. +Local transportation authorities or commissions. +Maintenance districts. +Memorial districts. +Metropolitan transportation commissions. +Metropolitan water districts. +Mosquito abatement and vector control districts. +Multifamily improvement districts. +Municipal improvement districts. +Municipal utility districts. +Municipal water districts. +Nonprofit corporations. +Nonprofit public benefit corporations. +Open-space maintenance districts. +Parking and business improvement areas. +Parking authorities. +Parking districts. +Permanent road divisions. +Pest abatement districts. +Police protection districts. +Port districts. +Property and business improvement areas. +Protection districts. +Public cemetery districts. +Public utility districts. +Rapid transit districts. +Reclamation districts. +Recreation and park districts. +Regional justice facility financing agencies. +Regional park and open-space districts. +Regional planning districts. +Regional transportation commissions. +Resort improvement districts. +Vehicle parking districts. +Water agencies. +Water authorities. +Water conservation districts. +Water districts. +Water replenishment districts. +Water storage districts. +Watermaster districts. +Wine grape pest and disease control districts. +Zones, improvement zones, or service zones of any public body. +(2) Notwithstanding paragraph (1), “public body” does not include any of the following: +(A) A community redevelopment agency formed pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). +(B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. +(C) A joint powers authority that includes a community redevelopment agency or a community development commission as a member, with respect to its exercise of the powers of a community redevelopment agency. +(b) “Bonds” means all instruments evidencing an indebtedness of a public body incurred or to be incurred for any public purpose, all leases, installment purchase agreements, or similar agreements wherein the obligor is one or more public bodies, all instruments evidencing the borrowing of money in anticipation of taxes, revenues, or other income of that body, all instruments payable from revenues or special funds of those public bodies, all certificates of participation evidencing interests in the leases, installment purchase agreements, or similar agreements, and all instruments funding, refunding, replacing, or amending any thereof or any indebtedness. +(c) “Hereafter” means any time subsequent to the effective date of this act. +(d) “Heretofore” means any time prior to the effective date of this act. +(e) “Now” means the effective date of this act. +SEC. 3. +All public bodies heretofore organized or existing under any law, or under color of any law, are hereby declared to have been legally organized and to be legally functioning as those public bodies. Every public body, heretofore described, shall have all the rights, powers, and privileges, and be subject to all the duties and obligations, of those public bodies regularly formed pursuant to law. +SEC. 4. +The boundaries of every public body as heretofore established, defined, or recorded, or as heretofore actually shown on maps or plats used by the assessor, are hereby confirmed, validated, and declared legally established. +SEC. 5. +All acts and proceedings heretofore taken by any public body or bodies under any law, or under color of any law, for the annexation or inclusion of territory into those public bodies or for the annexation of those public bodies to any other public body or for the detachment, withdrawal, or exclusion of territory from any public body or for the consolidation, merger, or dissolution of any public bodies are hereby confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of any public body and of any person, public officer, board, or agency heretofore done or taken upon the question of the annexation or inclusion or of the withdrawal or exclusion of territory or the consolidation, merger, or dissolution of those public bodies. +SEC. 6. +(a) All acts and proceedings heretofore taken by or on behalf of any public body under any law, or under color of any law, for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds of any public body for any public purpose are hereby authorized, confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of public bodies and of any person, public officer, board, or agency heretofore done or taken upon the question of the authorization, issuance, sale, execution, delivery, or exchange of bonds. +(b) All bonds of, or relating to, any public body heretofore issued shall be, in the form and manner issued and delivered, the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore awarded and sold to a purchaser and hereafter issued and delivered in accordance with the contract of sale and other proceedings for the award and sale shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued by ordinance, resolution, order, or other action adopted or taken by or on behalf of the public body and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued at an election and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. Whenever an election has heretofore been called for the purpose of submitting to the voters of any public body the question of issuing bonds for any public purpose, those bonds, if hereafter authorized by the required vote and in accordance with the proceedings heretofore taken, and issued and delivered in accordance with that authorization, shall be the legal, valid, and binding obligations of the public body. +SEC. 7. +(a) This act shall operate to supply legislative authorization as may be necessary to authorize, confirm, and validate any acts and proceedings heretofore taken pursuant to authority the Legislature could have supplied or provided for in the law under which those acts or proceedings were taken. +(b) This act shall be limited to the validation of acts and proceedings to the extent that the same can be effectuated under the California Constitution and the United States Constitution. +(c) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter being legally contested or inquired into in any legal proceeding now pending and undetermined or that is pending and undetermined during the period of 30 days from and after the effective date of this act. +(d) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter that has heretofore been determined in any legal proceeding to be illegal, void, or ineffective. +(e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. +SEC. 8. +Any action or proceeding contesting the validity of any action or proceeding heretofore taken under any law, or under color of any law, for the formation, organization, or incorporation of any public body, or for any annexation thereto, detachment or exclusion therefrom, or other change of boundaries thereof, or for the consolidation, merger, or dissolution of any public bodies, or for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds thereof upon any ground involving any alleged defect or illegality not effectively validated by the prior provisions of this act and not otherwise barred by any statute of limitations or by laches shall be commenced within six months of the effective date of this act, otherwise each and all of those matters shall be held to be valid and in every respect legal and incontestable. This act shall not extend the period allowed for legal action beyond the period that it would be barred by any presently existing valid statute of limitations. +SEC. 9. +Nothing contained in this act shall be construed to render the creation of any public body, or any change in the boundaries of any public body, effective for purposes of assessment or taxation unless the statement, together with the map or plat, required to be filed pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, is filed within the time and substantially in the manner required by those sections.","This bill would enact the Third Validating Act of 2015, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities.","An act to validate the organization, boundaries, acts, proceedings, and bonds of public bodies, and to provide limitations of time in which actions may be commenced." +44,"The people of the State of California do enact as follows: + + +SECTION 1. +This act is intended to remove the sunset date in Section 12811.1 of the Public Utilities Code on the authority of a municipal utility district to collect delinquent fees, tolls, rates, rentals, and other charges on the tax roll. This act is not intended to change existing law regarding the protection provided to a property owner pursuant to Section 12822.6 of the Public Utilities Code, which prohibits a municipal utility district from collecting delinquent charges or penalties from a property owner accrued by a residential tenant in a nonmaster-metered building. +SEC. 2. +Section 12811.1 of the Public Utilities Code, as amended by Section 1 of Chapter 485 of the Statutes of 2010, is amended to read: +12811.1. +(a) Except when prohibited by Section 12822.6, a district may, by resolution or ordinance, require the owner of record of real property within the district to pay the fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, and those fees, tolls, rates, rentals, and other charges that have become delinquent, together with interest and penalties thereon, are a lien on the property when a certificate is filed in the office of the county recorder pursuant to subdivision (b) and the lien has the force, effect, and priority of a judgment lien. No lien may be created under this section on any publicly owned property. +(b) A lien under this section attaches when the district files for recordation in the office of the county recorder a certificate specifying the amount of the delinquent fees, tolls, rates, rentals, or other charges together with interest and penalties thereon; the name of the owner of record of the property to which services were rendered by the district; and the legal description of the property. Within 30 days of receipt of payment of all amounts due, including recordation fees paid by the district, the district shall file for recordation a release of the lien. +(c) A district may, by resolution or ordinance, provide that any delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, may be collected on the tax roll in the same manner as property taxes. Before any entity may collect any delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant on the tax roll, the district shall prepare a report, provide notice, conduct a public hearing, and file a certificate in the office of the county recorder, as follows: +(1) The general manager shall prepare and file with the district board of directors a report that describes each affected parcel of real property and the amount of the delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant for each affected parcel for the year. The general manager shall give notice of the filing of the report and of the time, date, and place for a public hearing by publishing the notice pursuant to Section 6066 of the Government Code in a newspaper of general circulation, and by mailing the notice to the owner of each affected parcel at least 14 days prior to the date of the hearing. +(2) At the public hearing, the board of directors shall hear and consider any objections or protests to the report. At the conclusion of the public hearing, the board of directors may adopt or revise the delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant. The board of directors shall make its determination on each affected parcel and its determinations shall be final. +(3) On or before August 10 of each year following these determinations, the general manager shall file with the county auditor a copy of the final report adopted by the board of directors. The county auditor shall enter the amount of the delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, against each of the affected parcels of real property as they appear on the current assessment roll. The county tax collector shall include the amount of the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, on the tax bills for each affected parcel of real property and collect the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, in the same manner as property taxes. +(4) The district may recover any delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, by recording in the office of the county recorder of the county in which the affected parcel is located, a certificate declaring the amount of the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, due, and the name and last known address of the person liable therefor. From the time of recordation of the certificate, the amount of the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, constitutes a lien against the affected real property of the delinquent property owner in that county. This lien shall have the force, effect, and priority of a judgment lien. Within 30 days of receipt of payment of all amounts due, including recordation fees paid by the district, the district shall file for recordation a release of the lien. +(5) The district shall not recover on the tax roll any delinquent fees, tolls, rates, rentals, or other charges for services for commercial use to a commercial tenant under an account established by the commercial tenant, from any subsequent tenant or the property owner, due to nonpayment of charges by a previous commercial tenant. For this purpose, the term “subsequent commercial tenant” shall not include an entity or adult person that was located at the same address during the period the charges or penalties accrued. This paragraph does not apply to master-metered accounts. +(d) Notwithstanding Sections 6103 and 27383 of the Government Code, in filing any instrument, paper, or notice pursuant to this section, the district shall pay all applicable recording fees prescribed by law. +(e) A district shall reimburse the county for the reasonable expenses incurred by the county pursuant to this section. +(f) The remedies in this section are cumulative and in addition to any other remedy provided by law. The district may pursue remedies alternatively or consecutively. +(g) This section does not apply to delinquent fees or charges for the furnishing of electrical service. +SEC. 3. +Section 12811.1 of the Public Utilities Code, as added by Section 2 of Chapter 485 of the Statutes of 2010, is repealed. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","(1) The existing Municipal Utility District Act authorizes the formation of a municipal utility district. The act authorizes a district to acquire, construct, own, operate, control, or use works for supplying the inhabitants of the district and public agencies with light, water, power, heat, transportation, telephone service, or other means of communication, or means for the collection, treatment, or disposition of garbage, sewage, or refuse matter. The act authorizes a municipal utility district, by resolution or ordinance, to require the owner of record of privately owned real property within the district to pay the fees, tolls, rates, rentals, or other charges for certain utility services rendered to a lessee, tenant, or subtenant, and provides that those charges that have become delinquent, together with interest and penalties, are a lien on the property when a certificate is filed by the district in the office of the county recorder and that the lien has the force, effect, and priority of a judgment lien. +The act, in addition to the above-described methods, establishes procedures, until January 1, 2016, for a municipal utility district to collect delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, for services rendered to a lessee, tenant, or subtenant, through the tax roll, in the same manner as property taxes. The act, until January 1, 2016, authorizes a municipal utility district to collect delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, for services rendered to a lessee, tenant, or subtenant, by recording in the office of the county recorder of the county in which the affected parcel is located, a certificate declaring the amount of the delinquent charges, together with interest and penalties thereon, which would then constitute a lien against the affected real property of the delinquent property owner in that county and have the force, effect, and priority of a judgment lien. The act, until January 1, 2016, requires a municipal utility district that exercises these collection measures to reimburse the county for the reasonable expenses incurred by the county. +This bill would extend the operation of these provisions indefinitely. By requiring county auditors and recorders to undertake certain actions in response to the exercise of collection measures by a municipal utility district, the bill would impose a state-mandated local program. +(2) The act prohibits a municipal utility district from collecting delinquent fees or charges using the above-described collection measures for the furnishing of electrical services and, beginning January 1, 2016, for the furnishing of water or sewer service to residential property. +This bill would permanently authorize a municipal utility district to collect delinquent fees or charges using the above-described collection measures for the furnishing of water or sewer service to residential property. +(3) The act requires any district that places a lien on a property for water or sewer service on or before December 31, 2014, pursuant to the above-described collection measures, to submit a report containing certain information to the Assembly and Senate Committees on Judiciary and to the Assembly and Senate Committees on Local Government on or before January 1, 2015. +This bill would delete this provision. +(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend and repeal Section 12811.1 of the Public Utilities Code, relating to utility charges." +45,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 22602 is added to the Financial Code, to read: +22602. +(a) A licensee that is a finance lender may pay compensation to a person that is not licensed pursuant to this division in connection with the referral of one or more prospective borrowers to the licensee, when all of the following conditions are met: +(1) The referral by the unlicensed person leads to the consummation of a commercial loan, as defined in Section 22502, between the licensee and the prospective borrower referred by the unlicensed person. +(2) The loan contract provides for an annual percentage rate that does not exceed 36 percent. +(3) Before approving the loan, the licensee does both of the following: +(A) Obtains documentation from the prospective borrower documenting the borrower’s commercial status. Examples of acceptable forms of documentation include, but are not limited to, a seller’s permit, business license, articles of incorporation, income tax returns showing business income, or bank account statements showing business income. +(B) Performs underwriting and obtains documentation to ensure that the prospective borrower will have sufficient monthly gross revenue with which to repay the loan pursuant to the loan terms, and does not make a loan if it determines through its underwriting that the prospective borrower’s total monthly expenses, including debt service payments on the loan for which the prospective borrower is being considered, will exceed the prospective borrower’s monthly gross revenue. Examples of acceptable forms of documentation for verifying current and projected gross monthly revenue and monthly expenses include, but are not limited to, tax returns, bank statements, merchant financial statements, business plans, business history, and industry-specific knowledge and experience. If the prospective borrower is a sole proprietor or a corporation and the loan will be secured by a personal guarantee provided by the owner of the corporation, a credit report from at least one consumer credit reporting agency that compiles and maintains files on consumers on a nationwide basis shall also be considered. +(4) The licensee maintains records of all compensation paid to unlicensed persons in connection with the referral of borrowers for a period of at least four years. +(5) The licensee annually submits information requested by the commissioner regarding the payment of compensation in the report required pursuant to Section 22159. +(b) A licensee that pays compensation to a person that is not licensed pursuant to this division in connection with a referral for a commercial loan made by that licensee to a borrower shall be liable for any misrepresentation made to that borrower in connection with that loan. +(c) The following activities by an unlicensed person are not authorized by this section: +(1) Participating in any loan negotiation. +(2) Counseling or advising the borrower about a loan. +(3) Participating in the preparation of any loan documents, including credit applications. +(4) Contacting the licensee on behalf of the borrower other than to refer the borrower. +(5) Gathering loan documentation from the borrower or delivering the documentation to the licensee. +(6) Communicating lending decisions or inquiries to the borrower. +(7) Participating in establishing any sales literature or marketing materials. +(8) Obtaining the borrower’s signature on documents. +(d) The prohibitions in subdivision (c) do not apply if the unlicensed person meets one or more of the following criteria: +(1) Is exempt from licensure under this division. +(2) Is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code. +(3) Is a business assistance organization recognized by the United States Small Business Administration. +(4) Is engaged in one or more of the activities described in paragraphs (1) to (8), inclusive, of subdivision (c) in connection with five or fewer commercial loans in a 12-month period made by persons licensed under this division. +(e) The commissioner may adopt regulations under this section to impose conditions on the referral activity authorized under this section. The commissioner may classify persons, loans, loan terms, referral methods, and other matters within his or her jurisdiction, and may prescribe different requirements for different classes of loans. +(f) Nothing in this section shall authorize the payment of a referral fee to an unlicensed person for a residential mortgage loan, nor the payment of a referral fee to a person required to be licensed under Section 10131 or 10131.1 of the Business and Professions Code, unless such person is licensed by the Bureau of Real Estate pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code. +(g) For the purposes of this section, “referral” means either the introduction of the borrower and the finance lender or the delivery to the finance lender of the borrower’s contact information. +SEC. 2. +Section 22603 is added to the Financial Code, to read: +22603. +A licensee that is a finance lender shall provide a prospective borrower who has been referred by an unlicensed person the following written statement, in 10-point font or larger, at the time the licensee receives an application for a commercial loan, and shall require the prospective borrower to acknowledge receipt of the statement in writing: + + +“You have been referred to us by [Name of Unlicensed Person]. If you are approved for the loan, we may pay a fee to [Name of Unlicensed Person] for the successful referral. [Licensee], and not [Name of Unlicensed Person] is the sole party authorized to offer a loan to you. You should ensure that you understand any loan offer we may extend to you before agreeing to the loan terms. If you wish to report a complaint about this loan transaction, you may contact the Department of Business Oversight at 1-866-ASK-CORP (1-866-275-2677), or file your complaint online at www.dbo.ca.gov.” + + +SEC. 3. +Section 22604 is added to the Financial Code, to read: +22604. +(a) Any person that receives compensation in connection with a referral, as described in Section 22602, that leads to the consummation of a commercial loan under this division may not do any of the following: +(1) Make a materially false or misleading statement or representation to a prospective borrower about the terms or conditions of a prospective loan. +(2) Advertise, print, display, publish, distribute, or broadcast any statement or representation with regard to the conditions for making or negotiating a loan that is false, misleading, or deceptive, or that omits material information that is necessary to make the statements made not false, misleading, or deceptive. +(3) Engage in any act in violation of Section 17200 of the Business and Professions Code. +(4) Commit an act that constitutes fraud or dishonest dealings. +(5) Fail to safeguard a prospective borrower’s personally identifiable information. +(b) For purposes of this section, “personally identifiable information” means information that is not publicly available, that a prospective borrower provides for the purpose of obtaining a loan or other financial product. Personally identifiable information includes information a prospective borrower provides on an application to obtain a loan, credit card, or other financial product or service. +(c) Whenever, in the opinion of the commissioner, any person is engaged in the business of soliciting borrowers for a loan to be made by a licensee under this division, and the person is not in compliance with this section, Section 22602, Section 22603, or any other provision of this division authorizing such activity or exempting the person from this division, the commissioner may order the person to desist and to refrain from engaging in the business or further violating this division. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the California Finance Lenders Law, provides for the licensure and regulation of finance lenders by the Commissioner of Business Oversight. Existing law makes a willful violation of the law by any person a crime. Existing law defines a finance lender as any person who is engaged in the business of making consumer loans or commercial loans. Existing law defines a commercial loan as a loan of a principal amount of $5,000 or more, or any loan under an open-end credit program, whether secured by either real or personal property, or both, or unsecured, the proceeds of which are intended by the borrower for use primarily for purposes other than personal, family, or household. +This bill would authorize a licensed finance lender to compensate an unlicensed person in connection with the referral, as defined, of one or more prospective borrowers to the licensee for a commercial loan if certain requirements are met. These requirements would include, among other things, that the referral leads to the consummation of a commercial loan, the loan contract provides for an annual percentage rate that does not exceed a certain percentage, the licensed finance lender obtains documentation from the prospective borrower documenting the borrower’s commercial status, and that the licensee maintains records of compensation paid to an unlicensed person, as specified. The bill would make a licensee paying compensation to an unlicensed person in connection with a referral liable for any misrepresentation made to a borrower in connection with that loan made to that borrower by that licensee. The bill would authorize the commissioner to adopt regulations imposing conditions on this referral activity, as specified. The bill would also require a licensed finance lender who receives an application for a commercial loan from a prospective borrower who has been referred by an unlicensed person to provide a specified statement to the borrower regarding the referral arrangement. The bill would prohibit any person receiving compensation in connection with a referral that leads to the consummation of a commercial loan from engaging in specified acts and would authorize the commissioner to order this person to desist and refrain from engaging in the business or further violating those provisions governing such referral. +By creating new requirements, the willful violation of which would be a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Sections 22602, 22603, and 22604 to the Financial Code, relating to finance lenders." +46,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12300 of the Welfare and Institutions Code is amended to read: +12300. +(a) The purpose of this article is to provide in every county in a manner consistent with this chapter and the annual Budget Act those supportive services identified in this section to aged, blind, or disabled persons, as defined under this chapter, who are unable to perform the services themselves and who cannot safely remain in their homes or abodes of their own choosing unless these services are provided. +(b) Supportive services shall include domestic services and services related to domestic services, heavy cleaning, personal care services, accompaniment by a provider when needed during necessary travel to health-related appointments or to alternative resource sites, yard hazard abatement, protective supervision, up to two hours per month of assistance in reading and completing financial and other documents for a recipient who is blind, teaching and demonstration directed at reducing the need for other supportive services, and paramedical services that make it possible for the recipient to establish and maintain an independent living arrangement. +(c) Personal care services shall mean all of the following: +(1) Assistance with ambulation. +(2) Bathing, oral hygiene, and grooming. +(3) Dressing. +(4) Care and assistance with prosthetic devices. +(5) Bowel, bladder, and menstrual care. +(6) Repositioning, skin care, range of motion exercises, and transfers. +(7) Feeding and assurance of adequate fluid intake. +(8) Respiration. +(9) Assistance with self-administration of medications. +(d) Personal care services are available if these services are provided in the beneficiary’s home and other locations as may be authorized by the director. Among the locations that may be authorized by the director under this subdivision is the recipient’s place of employment if all of the following conditions are met: +(1) The personal care services are limited to those that are currently authorized for a recipient in the recipient’s home and those services are to be utilized by the recipient at the recipient’s place of employment to enable the recipient to obtain, retain, or return to work. Authorized services utilized by the recipient at the recipient’s place of employment shall be services that are relevant and necessary in supporting and maintaining employment. However, workplace services shall not be used to supplant any reasonable accommodations required of an employer by the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.; ADA) or other legal entitlements or third-party obligations. +(2) The provision of personal care services at the recipient’s place of employment shall be authorized only to the extent that the total hours utilized at the workplace are within the total personal care services hours authorized for the recipient in the home. Additional personal care services hours may not be authorized in connection with a recipient’s employment. +(e) When supportive services are provided by a person who has the legal duty pursuant to the Family Code to provide for the care of his or her child who is the recipient, the provider of supportive services shall receive remuneration for the services only when the provider leaves full-time employment or is prevented from obtaining full-time employment because no other suitable provider is available and when the inability of the provider to provide supportive services may result in inappropriate placement or inadequate care. +These providers shall be paid only for the following: +(1) Services related to domestic services. +(2) Personal care services. +(3) Accompaniment by a provider when needed during necessary travel to health-related appointments or to alternative resource sites. +(4) Protective supervision only as needed because of the functional limitations of the child. +(5) Paramedical services. +(f) To encourage maximum voluntary services, so as to reduce governmental costs, respite care shall also be provided. Respite care is temporary or periodic service for eligible recipients to relieve persons who are providing care without compensation. +(g) A person who is eligible to receive a service or services under an approved federal waiver authorized pursuant to Section 14132.951, or a person who is eligible to receive a service or services authorized pursuant to Section 14132.95, shall not be eligible to receive the same service or services pursuant to this article. In the event that the waiver authorized pursuant to Section 14132.951, as approved by the federal government, does not extend eligibility to all persons otherwise eligible for services under this article, or does not cover a service or particular services, or does not cover the scope of a service that a person would otherwise be eligible to receive under this article, those persons who are not eligible for services, or for a particular service under the waiver or Section 14132.95 shall be eligible for services under this article. +(h) (1) All services provided pursuant to this article shall be equal in amount, scope, and duration to the same services provided pursuant to Section 14132.95, including any adjustments that may be made to those services pursuant to subdivision (e) of Section 14132.95. +(2) Notwithstanding any other provision of this article, the rate of reimbursement for in-home supportive services provided through any mode of service shall not exceed the rate of reimbursement established under subdivision (j) of Section 14132.95 for the same mode of service unless otherwise provided in the annual Budget Act. +(3) The maximum number of hours available under Section 14132.95, Section 14132.951, and this section, combined, shall be 283 hours per month. Any recipient of services under this article shall receive no more than the applicable maximum specified in Section 12303.4. +(i) The Director of Health Care Services shall, by January 1, 2017, seek all federal approvals necessary to ensure that Medicaid funds may be used in implementing the service to blind recipients specified in subdivision (b). The service includes assistance in reading and completing financial and other documents for a recipient who is blind. The authorization to provide the service to blind recipients specified in subdivision (b) shall become operative on January 1, 2017. Provision of the service shall be implemented only if, and to the extent that, federal financial participation is available, and any necessary federal approvals have been obtained. +(j) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), until emergency regulations are filed with the Secretary of State, the department may implement the service to blind recipients specified in subdivision (b) through all-county letters or similar instructions from the director. On or before January 1, 2018, the department shall adopt regulations to implement the service to blind recipients specified in subdivision (b). The initial adoption, amendment, or repeal of a regulation authorized by this subdivision is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption, amendment, or repeal of an emergency regulation pursuant to this section, the department may twice request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code. The department shall adopt final regulations on or before January 1, 2019. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. +Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which, either through employment by the recipient, or by or through contract by the county, qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Existing law requires the provision of personal care services under the Medi-Cal program to eligible IHSS recipients. Under existing law, county welfare departments are required to provide visually impaired applicants and recipients with information on, and referral services to, entities that provide reading services to visually impaired persons. Existing law defines “supportive services” for purposes of the IHSS program. +This bill would, commencing January 1, 2017, include within the definition of supportive services up to 2 hours per month of assistance in reading and completing financial and other documents for a recipient of services under the IHSS program who is blind. By expanding the scope of available services under the IHSS program, this bill would impose a state-mandated local program. The bill would also require the Director of Health Care Services to seek any federal approvals necessary to ensure that Medicaid funds may be used in implementing this provision. The bill would authorize the department to implement the provision through all-county letters or similar instructions from the director until emergency regulations are filed, and would require the adoption of emergency regulations by January 1, 2018, and final regulations by January 1, 2019, to implement this provision, as specified. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 12300 of the Welfare and Institutions Code, relating to public social services." +47,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 48204 of the Education Code, as amended by Section 1 of Chapter 93 of the Statutes of 2012, is amended to read: +48204. +(a) Notwithstanding Section 48200, a pupil complies with the residency requirements for school attendance in a school district, if he or she is any of the following: +(1) (A) A pupil placed within the boundaries of that school district in a regularly established licensed children’s institution, or a licensed foster home, or a family home pursuant to a commitment or placement under Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code. +(B) An agency placing a pupil in a home or institution described in subparagraph (A) shall provide evidence to the school that the placement or commitment is pursuant to law. +(2) A pupil who is a foster child who remains in his or her school of origin pursuant to subdivisions (e) and (f) of Section 48853.5. +(3) A pupil for whom interdistrict attendance has been approved pursuant to Chapter 5 (commencing with Section 46600) of Part 26. +(4) A pupil whose residence is located within the boundaries of that school district and whose parent or legal guardian is relieved of responsibility, control, and authority through emancipation. +(5) A pupil who lives in the home of a caregiving adult that is located within the boundaries of that school district. Execution of an affidavit under penalty of perjury pursuant to Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code by the caregiving adult is a sufficient basis for a determination that the pupil lives in the home of the caregiver, unless the school district determines from actual facts that the pupil is not living in the home of the caregiver. +(6) A pupil residing in a state hospital located within the boundaries of that school district. +(7) A pupil whose parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the pupil at the place of his or her employment within the boundaries of the school district for a minimum of three days during the school week. +(b) A school district may deem a pupil to have complied with the residency requirements for school attendance in the school district if at least one parent or the legal guardian of the pupil is physically employed within the boundaries of that school district for a minimum of 10 hours during the school week. +(1) This subdivision does not require the school district within which at least one parent or the legal guardian of a pupil is employed to admit the pupil to its schools. A school district shall not, however, refuse to admit a pupil under this subdivision on the basis, except as expressly provided in this subdivision, of race, ethnicity, sex, parental income, scholastic achievement, or any other arbitrary consideration. +(2) The school district in which the residency of either the parents or the legal guardian of the pupil is established, or the school district to which the pupil is to be transferred under this subdivision, may prohibit the transfer of the pupil under this subdivision if the governing board of the school district determines that the transfer would negatively impact the court-ordered or voluntary desegregation plan of the school district. +(3) The school district to which the pupil is to be transferred under this subdivision may prohibit the transfer of the pupil if the school district determines that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. +(4) The governing board of a school district that prohibits the transfer of a pupil pursuant to paragraph (1), (2), or (3) is encouraged to identify, and communicate in writing to the parents or the legal guardian of the pupil, the specific reasons for that determination and is encouraged to ensure that the determination, and the specific reasons for the determination, are accurately recorded in the minutes of the board meeting in which the determination was made. +(5) The average daily attendance for pupils admitted pursuant to this subdivision is calculated pursuant to Section 46607. +(6) Unless approved by the sending school district, this subdivision does not authorize a net transfer of pupils out of a school district, calculated as the difference between the number of pupils exiting the school district and the number of pupils entering the school district, in a fiscal year in excess of the following amounts: +(A) For a school district with an average daily attendance for that fiscal year of less than 501, 5 percent of the average daily attendance of the school district. +(B) For a school district with an average daily attendance for that fiscal year of 501 or more, but less than 2,501, 3 percent of the average daily attendance of the school district or 25 pupils, whichever amount is greater. +(C) For a school district with an average daily attendance of 2,501 or more, 1 percent of the average daily attendance of the school district or 75 pupils, whichever amount is greater. +(7) Once a pupil is deemed to have complied with the residency requirements for school attendance pursuant to this subdivision and is enrolled in a school in a school district the boundaries of which include the location where at least one parent or the legal guardian of a pupil is physically employed, the pupil does not have to reapply in the next school year to attend a school within that school district and the governing board of the school district shall allow the pupil to attend school through grade 12 in that school district if the parent or legal guardian so chooses and if at least one parent or the legal guardian of the pupil continues to be physically employed by an employer situated within the attendance boundaries of the school district, subject to paragraphs (1) to (6), inclusive. +(c) This section shall become inoperative on July 1, 2017, and as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 2. +Section 48204 of the Education Code, as amended by Section 2 of Chapter 93 of the Statutes of 2012, is amended to read: +48204. +(a) Notwithstanding Section 48200, a pupil complies with the residency requirements for school and authority through emancipation. +(5) A pupil who lives in the home of a caregiving adult that is located within the boundaries of that school district. Execution of an affidavit under penalty of perjury pursuant to Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code by the caregiving adult is a sufficient basis for a determination that the pupil lives in the home of the caregiver, unless the school district determines from actual facts that the pupil is not living in the home of the caregiver. +(6) A pupil residing in a state hospital located within the boundaries of that school district. +(7) A pupil whose parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the pupil at the place of his or her employment within the boundaries of the school district for a minimum of three days during the school week. +(b) This section shall become operative on July 1, 2017. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires persons between 6 and 18 years of age, inclusive, to attend a public school within the school district in which the pupil’s parent or legal guardian resides, unless otherwise exempted. Existing law provides that a pupil complies with a school district’s residency requirements for school attendance in that school district if the pupil meets one of the specified requirements. +This bill would provide that a pupil complies with a school district’s residency requirements in instances where the pupil’s parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the pupil at the place of his or her employment within the boundaries of the school district for a minimum of 3 days during the school week. By requiring a school district to allow those pupils to attend a public school within the school district, thereby increasing the duties of a school district, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 48204 of the Education Code, relating to pupils." +48,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Over the past 30 years, adult diabetes rates have nearly tripled in the United States. Currently, +one in +9 +percent of +adults in the United States +has +have +diabetes and more than one-third have prediabetes. In California, +an estimated +14 percent of adults have diabetes. Over the past 10 years, the percentage of teens nationwide that have diabetes or prediabetes has increased from 9 percent to 23 percent. One in three children born today, including one-half of African American and Latino children, is expected to develop diabetes in their lifetime. Complications of diabetes include heart disease, nerve damage, gum infections, kidney disease, hearing impairment, blindness, amputation of toes, feet, or legs, and increased risk of Alzheimer’s disease. +(b) Diabetes costs the state at least $24.5 billion each year in total health care expenses and lost productivity. Average medical expenditures for people with diabetes are 2.3 times higher than for those without diabetes. One in three California hospital stays is for people with diabetes. Hospital stays for patients with diabetes, regardless of the primary diagnosis, cost $2,200 more than other patients, which adds an extra $1.6 billion each year to California’s hospitalization costs, including $254 million in Medi-Cal costs alone. +(c) The prevalence of obesity in the United States has increased dramatically over the past 30 years. In California, 60 percent of adults are overweight or obese and adult obesity rates have nearly tripled increasing from 8.9 percent in 1984 to 25.0 percent in 2012, and if current trends continue, the rate is expected to increase to 46.6 percent in 2030. Nearly 40 percent of California children are currently overweight or obese and obesity rates have tripled for adolescents and quadrupled for 6 to 11 year olds. Although no group has escaped the epidemic, low income and communities of color are disproportionately affected. +(d) The obesity epidemic is of particular concern because obesity increases the risk of diabetes, heart disease, arthritis, asthma, and certain types of cancer. Depending on their level of obesity, from 60 percent to over 80 percent of obese adults currently suffer from type 2 diabetes, high blood cholesterol, high blood pressure, or other related conditions. +(e) The medical costs for people who are obese are dramatically higher than those of normal weight. Overweight and obesity account for $147 billion in health care costs nationally, or 9 percent of all medical spending, with one-half of these costs paid publicly through the Medicare and Medicaid programs. +(f) There is overwhelming evidence of the link between obesity and the consumption of sweetened beverages, such as soft drinks, energy drinks, sweet teas, and sports drinks. The 2010 Dietary Guidelines for Americans recommend that everyone reduce their intake of sugar-sweetened beverages. California adults who drink one soda or more per day are 27 percent more likely to be overweight or obese, regardless of income or ethnicity. +(g) According to nutrition experts, sweetened beverages, such as soft drinks, energy drinks, sweet teas, and sports drinks, offer little or no nutritional value, but massive quantities of added sugars. A 20-ounce bottle of soda contains the equivalent of approximately 17 teaspoons of sugar. Yet, the American Heart Association recommends that Americans consume no more than five to nine teaspoons of sugar per day. +(h) Sugar-sweetened beverages are the single largest source of added sugars in the American diet, with the average American drinking nearly 42 gallons of sweetened beverages a year, the equivalent of 39 pounds of extra sugar every year. Over 50 percent of the United States population drinks one or more sugar-sweetened beverages per day. +(i) In California, 19 percent of two to five year olds drink a sugar-sweetened beverage each day. That number climbs to 32 percent among 6 to 11 year olds, and 65 percent among 12 to 17 year olds. Additionally, major disparities now exist between races and ethnicities. Seventy-four percent of African American adolescents drink at least one sugar-sweetened beverage each day, compared to 73 percent of Latinos, 63 percent of Asians, and 56 percent of whites. +(j) Sugar-sweetened beverages are a unique contributor to excess caloric consumption. Research shows that calories from sugar-sweetened beverages do not satisfy hunger the way calories from solid food or fat or protein-containing beverages, such as those containing milk and plant-based proteins, do. As a result, sugar-sweetened beverages tend to add to the calories people consume rather than replace them. Drinking one or two sodas a day increases the risk of developing type 2 diabetes by 26 percent. Drinking just one soda a day increases an adult’s likelihood of being overweight by 27 percent, and for children the likelihood doubles to 55 percent. +(k) Consistent evidence shows a positive relationship between sugar intake and dental caries (cavities) in adults and fewer caries when sugar intake is restricted. Children who frequently consume beverages high in sugar are at an increased risk for dental caries. Untreated dental caries can lead to pain, infection, tooth loss, and in severe cases, death. +(l) Evidence suggests that health warnings can increase knowledge and reduce consumption of harmful products. Studies show that prominent health warnings on the face of cigarette packages can increase health knowledge, perceptions of risk, and can promote smoking cessation of both youth and adults. +SEC. 2. +Article 15 (commencing with Section 111224) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read: +Article 15. Sugar-Sweetened Beverages Safety Warning Act +111224. +This article shall be known and may be cited as the Sugar-Sweetened Beverages Safety Warning Act. +111224.05. +It is the intent of the Legislature, by enacting this article, to protect consumers and to promote informed purchasing decisions by requiring a warning about the harmful health effects that result from the consumption of drinks with added sugars. +111224.10. +For purposes of this article, unless the context clearly requires otherwise, the following definitions shall apply: +(a) “Animal milk” means natural liquid milk, which is secreted by an animal and consumed by humans. For purposes of this definition, “animal milk” includes natural milk concentrate and dehydrated natural milk, whether or not reconstituted. +(b) “Beverage container” means any sealed or unsealed container regardless of size or shape, including, without limitation, those made of glass, metal, paper, plastic, or any other material or combination of materials that is used or intended to be used to hold a sugar-sweetened beverage for individual sale to a consumer. +(c) “Beverage dispensing machine” means any device that mixes concentrate with any one or more other ingredients and dispenses the resulting mixture into an unsealed container as a ready-to-drink beverage. +(d) “Caloric sweetener” means any substance containing calories, suitable for human consumption, that humans perceive as sweet and includes, without limitation, sucrose, fructose, glucose, and other sugars and fruit juice concentrates. “Caloric” means a substance that adds calories to the diet of a person who consumes that substance. +(e) “Concentrate” means a syrup or powder that is used or intended to be used for mixing, compounding, or making a sugar-sweetened beverage. +(f) “Consumer” means a person who purchases a sugar-sweetened beverage for a purpose other than resale in the ordinary course of business. +(g) “Department” means the State Department of Public Health, and any agency or person lawfully designated by the department to enforce or implement this article pursuant to Section 111020. +(h) “Distribute” means to sell or otherwise provide a product to any person for resale in the ordinary course of business to a consumer within this state. +(i) “Milk substitute” means a plant-based beverage in which the principal ingredients by weight are (1) water and (2) grains, nuts, legumes, or seeds. For purposes of this definition, “milk substitute” includes, without limitation, almond milk, coconut milk, flax milk, hazelnut milk, oat milk, rice milk, and soy milk. +(j) “Natural fruit juice” means the original liquid resulting from the pressing of fruit, the liquid resulting from the reconstitution of natural fruit juice concentrate, or the liquid resulting from the restoration of water to dehydrated natural fruit juice. +(k) “Natural vegetable juice” means the original liquid resulting from the pressing of vegetables, the liquid resulting from the reconstitution of natural vegetable juice concentrate, or the liquid resulting from the restoration of water to dehydrated natural vegetable juice. +(l) “Person” means any natural person, partnership, cooperative association, limited liability company, corporation, personal representative, receiver, trustee, assignee, any other legal entity, any city, county, city and county, district, commission, the state, or any department, agency, or political subdivision thereof, any interstate body, and, to the extent permitted by federal law, the United States and its agencies and instrumentalities. +(m) “Powder” means a solid mixture with added caloric sweetener used in making, mixing, or compounding a sugar-sweetened beverage by mixing the powder with any one or more other ingredients, including, without limitation, water, ice, syrup, simple syrup, fruits, vegetables, fruit juice, or carbonation or other gas. +(n) “Sale” or “sell” means any distribution or transfer for a business purpose, whether or not consideration is received. +(o) “Sealed beverage container” means a beverage container holding a beverage that is closed or sealed before being offered for sale to a consumer. +(p) (1) “Sugar-sweetened beverage” means any sweetened nonalcoholic beverage, carbonated or noncarbonated, +sold +intended +for human consumption that has added caloric sweeteners and contains 75 calories or more per 12 fluid ounces. “Nonalcoholic beverage” means any beverage that contains less than one-half of 1 percent alcohol per volume. +(2) “Sugar-sweetened beverage” does not include any of the following: +(A) Any beverage containing 100 percent natural fruit juice or natural vegetable juice with no added caloric sweeteners. +(B) Any +liquid +product manufactured for any of the following uses and commonly referred to as a “dietary aid”: +(i) An oral nutritional therapy for persons who cannot absorb or metabolize dietary nutrients from food or beverages. +(ii) A source of necessary nutrition used as a result of a medical condition. +(iii) An oral electrolyte solution for infants and children formulated to prevent dehydration due to illness. +(C) Any product for consumption by infants and that is commonly referred to as “infant formula.” +(D) Any beverage whose principal ingredient by weight is animal milk or a milk substitute. +(q) “Syrup” means a liquid mixture with added caloric sweetener used in making, mixing, or compounding a sugar-sweetened beverage by mixing the syrup with any one or more other ingredients, including, without limitation, water, ice, powder, simple syrup, fruits, vegetables, fruit juice, vegetable juice, or carbonation or other gas. +(r) “Unsealed beverage container” means a beverage container into which a beverage is dispensed or poured at the business premises where the beverage is purchased, including, without limitation, a container for fountain drinks. +111224.15. +(a) A person shall not distribute, sell, or offer for sale a sugar-sweetened beverage in a sealed beverage container in this state unless the container bears the following safety warning and otherwise meets all of the requirements under this section: +“STATE OF CALIFORNIA SAFETY WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay.” +(b) (1) The safety warning required by subdivision (a) shall be prominently displayed and readily legible under ordinary conditions on the front of the sealed beverage container, separate and apart from all other information, and shall be on a contrasting background. The first five words of the safety warning required under subdivision (a), “STATE OF CALIFORNIA SAFETY WARNING” shall appear in capital letters. The entire safety warning shall appear in bold type. +(2) The safety warning required under subdivision (a) shall appear in a +font +type +size and in a maximum number of characters (i.e., letters, numbers, and marks) per inch, as follows: +(A) For beverage containers of 8 fluid ounces or less, the safety warning shall be in script, type, or printing not smaller than 1 millimeter, and there shall be no more than 40 characters per linear inch. +(B) For beverage containers of more than 8 fluid ounces and less than 1 liter, the safety warning shall be in script, type, or printing not smaller than 2 millimeters, and there shall be no more than 25 characters per linear inch. +(C) For beverage containers of 1 liter or more, the safety warning shall be in script, type, or printing not smaller than 3 millimeters, and there shall be no more than 12 characters per linear inch. +(c) If the safety warning required under subdivision (a) is not printed directly on the beverage container, the safety warning shall be affixed to the beverage container in such a manner that it cannot be removed without thorough application of water or other solvents. +(d) A person shall not distribute, sell, or offer for sale a multipack of sugar-sweetened beverages in sealed beverage containers in this state unless the multipack of beverages bears the safety warning required under subdivision (a). The safety warning shall be posted conspicuously on at least two sides of the multipack, in addition to being posted on each individual sealed beverage container. +(e) A person shall not distribute, sell, or offer for sale a concentrate in this state unless the packaging of the concentrate, which is intended for retail sale, bears the safety warning required under subdivision (a). The safety warning shall be posted conspicuously on the front of the packaging of the concentrate. +111224.20. +(a) Every person who owns, leases, or otherwise legally controls the premises where a vending machine or beverage dispensing machine is located, or where a sugar-sweetened beverage is sold in an unsealed beverage container, shall place, or cause to be placed, a safety warning in each of the following locations: +(1) On the exterior of any vending machine that includes a sugar-sweetened beverage for sale. +(2) On the exterior of any beverage dispensing machine used by a consumer to dispense a sugar-sweetened beverage through self-service. +(3) At the point-of-purchase where any consumer purchases a sugar-sweetened beverage in an unsealed beverage container, when the unsealed beverage container is filled by an employee of a food establishment rather than the consumer. +(b) The safety warning required by subdivision (a) shall contain the following language: +“STATE OF CALIFORNIA SAFETY WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay.” +(c) The safety warning required by subdivision (a) shall be prominently displayed and readily legible under ordinary conditions, separate and apart from all other information, and shall be on a contrasting background. The first five words of the safety warning in subdivision (b), “STATE OF CALIFORNIA SAFETY WARNING” shall appear in capital letters. The entire safety warning shall appear in bold type. +111224.30. +(a) Notwithstanding Section 111825, subdivision (b) of Section 111855, or any other law, commencing July 1, 2016, any violation of this article, or a regulation adopted pursuant to this article, is punishable by a civil penalty of not less than fifty dollars ($50), but no greater than five hundred dollars ($500). The department may assess the civil penalty according to the procedures set forth in Section 111855. A person shall not be found to violate this article more than once during any one inspection visit. +(b) There is hereby created in the State Treasury the Sugar-Sweetened Beverages Safety Warning Fund. The fund shall consist of moneys collected for the violation of this article. The department shall remit to the Treasurer any civil penalties collected pursuant to subdivision (a) on a biannual basis, no later than March 15 and September 15 of each year. Notwithstanding any other law, moneys in the fund, upon appropriation by the Legislature, shall be allocated to the department for the purpose of enforcing this article. +111224.35. +Notwithstanding Section 111224.15 or 111224.20, if, after appropriate investigation and consultation with the state health officer, the department finds that available scientific information would justify a change in the language of the safety warnings set forth in Sections 111224.15 and 111224.20, the department may adopt regulations to develop new language for the safety warning and may require that the alternative language be adopted in lieu of the language set forth in Sections 111224.15 and 111224.20. +111224.40. +It is the intent of the Legislature that nothing in this article shall be construed to preempt or prohibit the adoption and implementation of local ordinances related to sugar-sweetened beverages, except any local ordinance that is inconsistent with this article. An ordinance is not deemed inconsistent with this article if it affords greater protection than the requirements set forth in this article. +SEC. 3. +The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","(1) Existing federal law, the +federal +Federal +Food, Drug, and Cosmetic Act, regulates, among other things, the quality and packaging of foods introduced or delivered for introduction into interstate commerce and generally prohibits the misbranding of food. Existing federal law, the Nutrition Labeling and Education Act of 1990, governs state and local labeling requirements, including those that characterize the relationship of any nutrient specified in the labeling of food to a disease or health-related condition. Existing state law, the Sherman Food, Drug, and Cosmetic Law, generally regulates misbranded food and provides that any food is misbranded if its labeling does not conform with the requirements for nutrient content or health claims as set forth in the +federal +Federal +Food, Drug, and Cosmetic Act and the regulations adopted pursuant to that federal act. Existing law requires that a food facility, as defined, make prescribed disclosures and warnings to consumers, as specified. A violation of these provisions is a crime. +Existing state law, the Pupil Nutrition, Health, and Achievement Act of 2001, also requires the sale of only certain beverages to pupils at schools. The beverages that may be sold include fruit-based and vegetable-based drinks, drinking water with no added sweetener, milk, and in middle and high schools, an electrolyte replacement beverage if those beverages meet certain nutritional requirements. +This bill would establish the Sugar-Sweetened Beverages Safety Warning Act, which would prohibit a person from distributing, selling, or offering for sale a sugar-sweetened beverage in a sealed beverage container, or a multipack of sugar-sweetened beverages, in this state unless the beverage container or multipack bears a safety warning, as prescribed. The bill also would require every person who owns, leases, or otherwise legally controls the premises where a vending machine or beverage dispensing machine is located, or where a sugar-sweetened beverage is sold in an unsealed container to place a specified safety warning in certain locations, including on the exterior of any vending machine that includes a sugar-sweetened beverage for sale. +(2) Under existing law, the State Department of Public Health, upon the request of a health officer, as defined, may authorize the local health department of a city, county, city and county, or local health district to enforce the provisions of the Sherman Food, Drug, and Cosmetic Law. Existing law authorizes the State Department of Public Health to assess a civil penalty against any person in an amount not to exceed $1,000 per day, except as specified. Existing law authorizes the Attorney General or any district attorney, on behalf of the State Department of Public Health, to bring an action in a superior court to grant a temporary or permanent injunction restraining a person from violating any provision of the Sherman Food, Drug, and Cosmetic Law. +This bill, commencing July 1, 2016, would provide that any violation of the provisions described in (1) above, or regulations adopted pursuant to those provisions, is punishable by a civil penalty of not less than $50, but no greater than $500. +This bill would also create the Sugar-Sweetened Beverages Safety Warning Fund for the receipt of all moneys collected for violations of those provisions. The bill would allocate moneys in this fund, upon appropriation by the Legislature, to the department for the purpose of enforcing those provisions. +The bill would make legislative findings and declarations relating to the consumption of sugar-sweetened beverages, obesity, and dental disease.","An act to add Article 15 (commencing with Section 111224) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to public health." +49,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 56326.5 is added to the Education Code, to read: +56326.5. +(a) The department’s Deaf and Hard of Hearing unit and the California School for the Deaf shall jointly select language developmental milestones from existing standardized norms, pursuant to the process specified in subdivision (d), for purposes of developing a resource for use by parents to monitor and track deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. This parent resource shall: +(1) Include the language developmental milestones selected pursuant to the process specified in subdivision (d). +(2) Be appropriate for use, in both content and administration, with deaf and hard-of-hearing children from birth to five years of age, inclusive, who use both or one of the languages of American Sign Language (ASL) and English. For purposes of this section, “English” includes spoken English, written English, or English with the use of visual supplements. +(3) Present the developmental milestones in terms of typical development of all children, by age range. +(4) Be written for clarity and ease of use by parents. +(5) Be aligned to the department’s existing infant, toddler, and preschool guidelines, the existing instrument used to assess the development of children with disabilities pursuant to federal law, and state standards in English language arts. +(6) Make clear that the parent resource is not a formal assessment of language and literacy development, and that a parent’s observations of their children may differ from formal assessment data presented at an individualized family service plan (IFSP) or individualized education program (IEP) meeting. +(7) Make clear that a parent may bring the parent resource to an IFSP or IEP meeting for purposes of sharing their observations about their child’s development. +(b) The department shall also select existing tools or assessments for educators that can be used to assess the language and literacy development of deaf and hard-of-hearing children. These educator tools or assessments: +(1) Shall be in a format that shows stages of language development. +(2) Shall be selected for use by educators to track the development of deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. +(3) Shall be selected from existing instruments or assessments used to assess the development of all children from birth to five years of age, inclusive. +(4) Shall be appropriate, in both content and administration, for use with deaf and hard-of-hearing children. +(5) May be used, in addition to the assessment required by federal law, by the child’s IFSP or IEP team, as applicable, to track deaf and hard-of-hearing children’s progress, and to establish or modify IFSP or IEP plans. +(6) May reflect the recommendations of the advisory committee established pursuant to subdivision (e). +(c) (1) The department shall disseminate the parent resource developed pursuant to subdivision (a) to parents and guardians of deaf and hard-of-hearing children, and, pursuant to federal law, shall disseminate the educator tools and assessments selected pursuant to subdivision (b) to local educational agencies for use in the development and modification of IFSP and IEP plans, and shall provide materials and training on its use, to assist deaf and hard-of-hearing children in becoming linguistically ready for kindergarten using both or one of the languages of ASL and English. +(2) If a deaf or hard-of-hearing child does not demonstrate progress in expressive and receptive language skills, as measured by one of the educator tools or assessments selected pursuant to subdivision (b), or by the existing instrument used to assess the development of children with disabilities pursuant to federal law, the child’s IFSP or IEP team, as applicable, shall, as part of the process required by federal law, explain in detail the reasons why the child is not meeting the language developmental milestones or progressing towards them, and shall recommend specific strategies, services, and programs that shall be provided to assist the child’s success toward English literacy. +(d) (1) On or before March 1, 2017, the department shall provide the advisory committee established pursuant to subdivision (e) with a list of existing language developmental milestones from existing standardized norms, along with any relevant information held by the department regarding those language developmental milestones for possible inclusion in the parent resource developed pursuant to subdivision (a). These language developmental milestones shall be aligned to the department’s existing infant, toddler, and preschool guidelines, the existing instrument used to assess the development of children with disabilities pursuant to federal law, and the state standards in English language arts. +(2) On or before June 1, 2017, the advisory committee shall recommend language developmental milestones for selection pursuant to subdivision (a). +(3) On or before June 30, 2017, the department shall inform the advisory committee of which language developmental milestones were selected. +(e) (1) The Superintendent shall establish an ad hoc advisory committee for purposes of soliciting input from experts on the selection of language developmental milestones for children who are deaf or hard of hearing that are equivalent to those for children who are not deaf or hard of hearing, for inclusion in the parent resource developed pursuant to subdivision (a). The advisory committee may also make recommendations on the selection and administration of the educator tools or assessments selected pursuant to subdivision (b). +(2) The advisory committee shall consist of 13 volunteers, the majority of whom shall be deaf or hard of hearing, and all of whom shall be within the field of education for the deaf and hard of hearing. The advisory committee shall include all of the following: +(A) One parent of a child who is deaf or hard of hearing who uses the dual languages of ASL and English. +(B) One parent of a child who is deaf or hard of hearing who uses only spoken English, with or without visual supplements. +(C) One credentialed teacher of deaf and hard-of-hearing pupils who use the dual languages of ASL and English. +(D) One credentialed teacher of deaf and hard-of-hearing pupils from a state certified nonpublic, nonsectarian school. +(E) One expert who researches language outcomes for deaf and hard-of-hearing children using ASL and English. +(F) One expert who researches language outcomes for deaf and hard-of-hearing children using spoken English, with or without visual supplements. +(G) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in curriculum and instruction in ASL and English. +(H) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in curriculum and instruction in spoken English, with or without visual supplements. +(I) One advocate for the teaching and use of the dual languages of ASL and English. +(J) One advocate for the teaching and use of spoken English, with or without visual supplements. +(K) One early intervention specialist who works with deaf and hard-of-hearing infants and toddlers using the dual languages of ASL and English. +(L) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in ASL and English language assessment. +(M) One speech pathologist from spoken English, with or without the use of visual supplements. +(f) The advisory committee established pursuant to subdivision (e) may also advise the department or its contractor on the content and administration of the existing instrument used to assess the development of children with disabilities pursuant to federal law, as used to assess deaf and hard-of-hearing children’s language and literacy development to ensure the appropriate use of that instrument with those children, and may make recommendations regarding future research to improve the measurement of progress of deaf and hard-of-hearing children in language and literacy. +(g) Commencing on or before July 31, 2017, and on or before each July 31 thereafter, the department shall annually produce a report, using existing data reported in compliance with the federally required state performance plan on pupils with disabilities, that is specific to language and literacy development of deaf and hard-of-hearing children from birth to five years of age, inclusive, including those who are deaf or hard of hearing and have other disabilities, relative to their peers who are not deaf or hard of hearing. The department shall make this report available on its Internet Web site. +(h) All activities of the department in implementing this section shall be consistent with federal law regarding the education of children with disabilities and federal law regarding the privacy of pupil information. +(i) For the purpose of this section, the term “language developmental milestones” means milestones of development aligned with the existing state instrument used to meet the requirements of federal law for the assessment of children from birth to five years of age, inclusive. +(j) This section shall apply only to children from birth to five years of age, inclusive. +(k) Implementation of this section is subject to an appropriation being made for purposes of this section in the annual Budget Act or another statute. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law provides that the Superintendent of Public Instruction may authorize the California School for the Deaf, which is composed of two schools, the California School for the Deaf, Northern California, and the California School for the Deaf, Southern California, to establish and maintain a testing center for deaf and hard-of-hearing minors. Existing law provides that the purpose of the center shall be to test hearing acuity and to give such other tests as may be necessary for advising parents and school authorities concerning an appropriate educational program for the child. Existing law authorizes a pupil to be referred, as appropriate, to the California School for the Deaf, among other places, for further assessment and recommendations. +This bill would require the State Department of Education’s Deaf and Hard of Hearing unit and the state’s 2 schools for the deaf to jointly select language developmental milestones from existing standardized norms for purposes of developing a resource for use by parents to monitor and track deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. The bill would require the language developmental milestones to be selected from the language developmental milestones recommended by an ad hoc advisory committee, which the bill would establish, as provided. The bill would require the parent resource to, among other things, make clear that it is not a formal assessment of language and literacy development, and that a parent’s observations of their children may differ from formal assessment data presented at an individualized family service plan (IFSP) or individualized education program (IEP) meeting, but to also make clear that a parent may bring the parent resource to an IFSP or IEP meeting for purposes of sharing their observations about their child’s development. +The bill would require the department to also select existing tools or assessments for educators that can be used to assess the language and literacy development of deaf and hard-of-hearing children, as specified. The bill would authorize the educator tools or assessments to be used, in addition to the assessment required by federal law, by the child’s IFSP or IEP team, as applicable, to track deaf and hard-of-hearing children’s progress, and to establish or modify IFSP or IEP plans. +The bill would, if a child does not demonstrate progress in expressive and receptive language skills, as measured by one of the selected educator tools or assessments, or by the existing instrument used to satisfy federal law, require the child’s IFSP or IEP team, as applicable, to explain in detail the reasons why the child is not meeting the language developmental milestones or progressing towards them, and to recommend specific strategies, services, and programs that would be provided to assist the child’s success toward English literacy. To the extent this provision would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program. The bill also would require the department to disseminate the language developmental milestones to parents and guardians of deaf or hard-of-hearing children, and, pursuant to federal law, to disseminate the selected educator tools and assessments to local educational agencies for use in the development and modification of IFSP and IEP plans, and to provide materials and training on its use to assist the deaf or hard-of-hearing child in becoming linguistically ready for kindergarten using both or one of the languages of American Sign Language and English. +The bill would require the department, commencing on or before July 31, 2017, and on or before each July 31 thereafter, to produce a report that is specific to language and literacy development of deaf and hard-of-hearing children from birth to 5 years of age, inclusive, including those who are deaf or hard of hearing and have other disabilities, relative to their peers who are not deaf or hard of hearing, as specified. The bill would require the department to make the report available on its Internet Web site. +The bill would make these provisions applicable only to children from birth to 5 years of age, inclusive. The bill also would provide that implementation of these provisions is subject to an appropriation being made for these purposes in the annual Budget Act or another statute. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 56326.5 to the Education Code, relating to special education." +50,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 20194 of the Government Code is repealed. +SEC. 2. +Section 20222.5 of the Government Code is amended to read: +20222.5. +(a) The board may, during the course of an audit, require each state employer, school employer, including each school district represented by a school employer, and contracting agency, to provide information or make available for examination or copying at a specified time and place, or both, books, papers, any data, or any records, including, but not limited to, personnel and payroll records, as deemed necessary by the board to determine eligibility for, and the correctness of, retirement benefits, reportable compensation, enrollment in, and reinstatement to this system. +(b) Before initiating an audit, the board shall notify the subject of the audit of the estimated time required to complete the audit. The estimate shall be based upon various factors, including, but not limited to, the following: +(1) The number of employees. +(2) Employment classifications. +(3) Benefits. +(4) Contract provisions. +(5) Geographical location. +(6) Time required for audits of comparable entities. +(7) Additional time factors raised by the subject of the audit. +(c) If an audit requires an excess of the time estimated, the board may assess a reasonable charge upon the employer to recover additional costs incurred for the excess time to complete the audit. A contracting agency shall not be assessed for delays during the course of an audit that are reasonably outside of the agency’s control. +(d) The information obtained from an employer under this section shall remain confidential pursuant to Section 20230. +SEC. 3. +Section 20235 of the Government Code is amended to read: +20235. +(a) The board shall submit a review of this system’s assets to the Legislature on a semiannual basis. The report shall also be made available to all contracting agencies. The report shall discuss the system’s assets, including review of all defined benefit trusts and defined contribution plans, and shall contain the following information: +(1) Defined benefit trust and defined contribution plan total current market value and allocation of investments across primary asset classes, if appropriate. +(2) Review of all portfolio and partnership current market value by primary asset class and strategy. +(3) Historical time-weighted return for all defined benefit trusts, defined contribution plans, portfolios, and partnerships on a five-year, three-year, and one-year basis. +(4) Summary of performance of an alternative theoretical portfolio for all defined benefit trusts and defined contribution plans based upon policy benchmarks approved by the board. +(5) Description of policy benchmark components represented in the alternative theoretical portfolio. +(b) Upon written request from a contracting agency that does not participate in a risk pool, the board shall also submit quarterly reports to the contracting agency as described in this subdivision. For the first quarter of the fiscal year, the report shall be submitted within 120 days after the end of the quarter and shall contain the agency’s beginning balance for the fiscal year. For the second and third quarters of the fiscal year, the report shall be submitted to the contracting agency within 90 days after the end of the quarter. For the fourth quarter of the fiscal year, the report shall be submitted within 180 days after the end of the quarter and shall contain the agency’s balance as of the end of the fiscal year. The report shall include, but need not be limited to, the following: +(1) All contributions made to the system by the contracting agency and its employees. The contributions shall be reported as the amounts paid and the amounts due from the contracting agency for both employer contributions and employee contributions. +(2) All benefits paid by the system to members of the contracting agency and their survivors and beneficiaries, including payments on account of pension, death, and disability benefits, and withdrawals of contributions. The benefits shall be reported as the total monthly allowances paid to retirees, survivors, and beneficiaries; the amount of total refunds paid; and the amount of any other lump sums paid. +(3) An amount that represents any miscellaneous adjustments, including transfers in and out. +(4) That quarter’s portion of the agency’s estimated share of the system’s administrative costs that shall be assessed at the end of the fiscal year. +(5) The rate of return for the system during the quarter as reported to the board by the investment committee. +(6) The estimated interest applied to the agency’s account as determined by the system. For purposes of this paragraph, the “estimated interest applied” means the estimate of the annual net earnings, as defined in Section 20052, and is subject to adjustment at the end of the fiscal year based on the actual dollar-weighted amount of investment return that shall be credited to the agency’s account for the fiscal year. The report for the fourth quarter of the fiscal year shall also include the actual dollar-weighted amount of investment return for the fiscal year that shall be credited to the contracting agency’s account. +(c) Upon written request from a contracting agency that participates in a risk pool, the board shall submit to the contracting agency quarterly reports that reflect the total contributions made to the system by agencies in the risk pool, the total benefits paid by the system with respect to the risk pool, the total estimated share of administrative costs for the risk pool, and the total estimated share of investment returns for the risk pool. +(d) A contracting agency requesting quarterly reports pursuant to subdivision (b) or (c) shall pay a fee, in an amount determined by the board, not to exceed one thousand five hundred dollars ($1,500) quarterly per agency while the manual process of collecting the information is in use. +(e) Any report received by a contracting agency pursuant to this section shall be made available by the agency to any employee organization that represents the agency’s employees and that requests a copy of the report. +SEC. 4. +Section 21002 of the Government Code is amended to read: +21002. +A member who returns to active state service following an employer-approved leave of absence because of his or her serious illness or injury may elect to receive service credit for that period of uncompensated absence at any time prior to retirement by making contributions as specified in Sections 21050 and 21052. The purchase of additional service credit pursuant to this section shall not reduce the amount of service credit that the member is eligible to purchase pursuant to this chapter. A member may purchase service credit pursuant to this section for a leave of absence that occurred either before or after the effective date of these provisions. +SEC. 5. +Section 21013 of the Government Code is amended to read: +21013. +“Leave of absence” also means any time, up to one year, during which a member is granted an approved maternity or paternity leave and returns to active state service at the end of the approved leave for a period of time at least equal to that leave. Any member may elect to receive service credit for that leave of absence at any time prior to retirement by making the contributions as specified in Sections 21050 and 21052. This section applies to both past and future maternity or paternity leaves of absences by members of the system.","(1) The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System (PERS) for the purpose of providing pension benefits to specified public employees and prescribes the rights and duties of members and annuitants of the system. PERL vests management and control of PERS in the Board of Administration. The California Constitution and PERL grant the board control over the investment of the retirement fund subject to certain restrictions. PERL directs the board to invest not less than 25% of all funds that become available in a fiscal year for new investments in specified obligations and securities connected with residential realty, subject to the board’s authority to substitute other investments consistent with its fiduciary obligations to the retirement system and standards for prudent investment. PERL requires the board to report on these investments. +This bill would repeal the provisions regarding investing in residential realty, described above. +(2) PERL authorizes the board to require employers participating in the system to provide specified information, as deemed necessary by the board, for examination and copying in the course of an audit to determine the correctness of retirement benefits, reportable compensation, enrollment in the system, and reinstatement to the system. +This bill would provide that the authority described above also applies to determining the eligibility for retirement benefits. +(3) PERL requires the board to submit a quarterly review of system assets to the Legislature, which is required to include reporting on the system’s portfolio on the basis of cost and market value, among other things. +This bill would change the frequency of this report to semiannual, would eliminate the requirement to report on the investments on a cost basis, and would make other changes to the content of the report. +(4) PERL permits a member who returns to active service following an employer-approved uncompensated leave of absence, as defined, because of his or her serious illness or injury to purchase service credit for that period of absence upon the payment of contributions, as specified. +This bill would specify that the option to purchase service credit shall be elected prior to retirement, that the member be returning to state service, and would make other related and clarifying changes.","An act to amend Sections 20222.5, 20235, 21002, and 21013 of, and to repeal Section 20194 of, the Government Code, relating to public employees’ retirement." +51,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1170.05 of the Penal Code is amended to read: +1170.05. +(a) Notwithstanding any other law, the Secretary of the Department of Corrections and Rehabilitation is authorized to offer a program under which female inmates as specified in subdivision (c), who are not precluded by subdivision (d), and who have been committed to state prison may be allowed to participate in a voluntary alternative custody program as defined in subdivision (b) in lieu of their confinement in state prison. In order to qualify for the program an offender need not be confined in an institution under the jurisdiction of the Department of Corrections and Rehabilitation. Under this program, one day of participation in an alternative custody program shall be in lieu of one day of incarceration in the state prison. Participants in the program shall receive any sentence reduction credits that they would have received had they served their sentence in the state prison, and shall be subject to denial and loss of credit pursuant to subdivision (a) of Section 2932. The department may enter into contracts with county agencies, not-for-profit organizations, for-profit organizations, and others in order to promote alternative custody placements. +(b) As used in this section, an alternative custody program shall include, but not be limited to, the following: +(1) Confinement to a residential home during the hours designated by the department. +(2) Confinement to a residential drug or treatment program during the hours designated by the department. +(3) Confinement to a transitional care facility that offers appropriate services. +(c) Except as provided by subdivision (d), female inmates sentenced to state prison for a determinate term of imprisonment pursuant to Section 1170, and only those persons, are eligible to participate in the alternative custody program authorized by this section. +(d) An inmate committed to the state prison who meets any of the following criteria is not eligible to participate in the alternative custody program: +(1) The person has a current conviction for a violent felony as defined in Section 667.5. +(2) The person has a current conviction for a serious felony as defined in Sections 1192.7 and 1192.8. +(3) The person has a current or prior conviction for an offense that requires the person to register as a sex offender as provided in Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1. +(4) The person was screened by the department using a validated risk assessment tool and determined to pose a high risk to commit a violent offense. +(5) The person has a history, within the last 10 years, of escape from a facility while under juvenile or adult custody, including, but not limited to, any detention facility, camp, jail, or state prison facility. +(e) An alternative custody program shall include the use of electronic monitoring, global positioning system devices, or other supervising devices for the purpose of helping to verify a participant’s compliance with the rules and regulations of the program. The devices shall not be used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant, in which case the recording of such a conversation is to be used solely for the purposes of voice identification. +(f) (1) In order to implement alternative custody for the population specified in subdivision (c), the department shall create, and the participant shall agree to and fully participate in, an individualized treatment and rehabilitation plan. When available and appropriate for the individualized treatment and rehabilitation plan, the department shall prioritize the use of evidence-based programs and services that will aid in the successful reentry into society while she takes part in alternative custody. Case management services shall be provided to support rehabilitation and to track the progress and individualized treatment plan compliance of the inmate. +(2) For purposes of this section, “evidence-based practices” means supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or postrelease community supervision. +(g) The secretary shall prescribe reasonable rules and regulations under which the alternative custody program shall operate. The department shall adopt regulations necessary to effectuate this section, including emergency regulations as provided under Section 5058.3 and adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The participant shall be informed in writing that she shall comply with the rules and regulations of the program, including, but not limited to, the following rules: +(1) The participant shall remain within the interior premises of her residence during the hours designated by the secretary or his or her designee. +(2) The participant shall be subject to search and seizure by a peace officer at any time of the day or night, with or without cause. In addition, the participant shall admit any peace officer designated by the secretary or his or her designee into the participant’s residence at any time for purposes of verifying the participant’s compliance with the conditions of her detention. Prior to participation in the alternative custody program, all participants shall agree in writing to these terms and conditions. +(3) The secretary or his or her designee may immediately retake the participant into custody to serve the balance of her sentence if the electronic monitoring or supervising devices are unable for any reason to properly perform their function at the designated place of detention, if the participant fails to remain within the place of detention as stipulated in the agreement, or if the participant for any other reason no longer meets the established criteria under this section. +(h) Whenever a peace officer supervising a participant has reasonable suspicion to believe that the participant is not complying with the rules or conditions of the program, or that the electronic monitoring devices are unable to function properly in the designated place of confinement, the peace officer may, under general or specific authorization of the secretary or his or her designee, and without a warrant of arrest, retake the participant into custody to complete the remainder of the original sentence. +(i) This section does not require the secretary or his or her designee to allow an inmate to participate in this program if it appears from the record that the inmate has not satisfactorily complied with reasonable rules and regulations while in custody. An inmate is eligible for participation in an alternative custody program only if the secretary or his or her designee concludes that the inmate meets the criteria for program participation established under this section and that the inmate’s participation is consistent with any reasonable rules and regulations prescribed by the secretary. +(1) The rules and regulations and administrative policies of the program shall be written and shall be given or made available to the participant upon assignment to the alternative custody program. +(2) The secretary or his or her designee shall have the sole discretion concerning whether to permit program participation as an alternative to custody in state prison. A risk and needs assessment shall be completed on each inmate to assist in the determination of eligibility for participation and the type of alternative custody. +(3) An inmate’s existing psychiatric or medical condition that requires ongoing care is not a basis for excluding the inmate from eligibility to participate in an alternative custody program authorized by this section. +(j) The secretary or his or her designee shall establish a timeline for the application process. The secretary or his or her designee shall respond to an applicant within two weeks of her application to inform the inmate that the application was received, and to notify the inmate of the eligibility criteria of the program. The secretary or his or her designee shall provide a written notice to the inmate of her acceptance or denial into the program. The individualized treatment and rehabilitation plan described in subdivision (f) shall be developed, in consultation with the inmate, after the applicant has been found potentially eligible for participation in the program and no later than 30 calendar days after the potential eligibility determination. Except as necessary to comply with any release notification requirements, the inmate shall be released to the program no later than seven business days following notice of acceptance into the program, or if this is not possible in the case of an inmate to be placed in a residential drug or treatment program or in a transitional care facility, the first day a contracted bed becomes available at the requested location. If the inmate is denied participation in the program, the notice of denial shall specify the reason the inmate was denied. The secretary or his or her designee shall maintain a record of the application and notice of denials for participation. The inmate may appeal the decision through normal grievance procedures or reapply for participation in the program 30 days after the notice of the denial. +(k) The secretary or his or her designee shall permit program participants to seek and retain employment in the community, attend psychological counseling sessions or educational or vocational training classes, participate in life skills or parenting training, utilize substance abuse treatment services, or seek medical and dental assistance based upon the participant’s individualized treatment and release plan. Participation in other rehabilitative services and programs may be approved by the case manager if it is specified as a requirement of the inmate’s individualized treatment and rehabilitative case plan. Willful failure of the program participant to return to the place of detention not later than the expiration of any period of time during which she is authorized to be away from the place of detention pursuant to this section, unauthorized departures from the place of detention, or tampering with or disabling, or attempting to tamper with or disable, an electronic monitoring device shall subject the participant to a return to custody pursuant to subdivisions (g) and (h). In addition, participants may be subject to forfeiture of credits pursuant to the provisions of Section 2932, or to discipline for violation of rules established by the secretary. +(l) (1) Notwithstanding any other law, the secretary or his or her designee shall provide the information specified in paragraph (2) regarding participants in an alternative custody program to the law enforcement agencies of the jurisdiction in which persons participating in an alternative custody program reside. +(2) The information required by paragraph (1) shall consist of the following: +(A) The participant’s name, address, and date of birth. +(B) The offense committed by the participant. +(C) The period of time the participant will be subject to an alternative custody program. +(3) The information received by a law enforcement agency pursuant to this subdivision may be used for the purpose of monitoring the impact of an alternative custody program on the community. +(m) It is the intent of the Legislature that the alternative custody program established under this section maintain the highest public confidence, credibility, and public safety. In the furtherance of these standards, the secretary may administer an alternative custody program pursuant to written contracts with appropriate public agencies or entities to provide specified program services. No public agency or entity entering into a contract may itself employ any person who is in an alternative custody program. The department shall determine the recidivism rate of each participant in an alternative custody program. +(n) An inmate participating in this program shall voluntarily agree to all of the provisions of the program in writing, including that she may be returned to confinement at any time with or without cause, and shall not be charged fees or costs for the program. +(o) (1) The secretary or his or her designee shall assist an individual participating in the alternative custody program in obtaining health care coverage, including, but not limited to, assistance with having suspended Medi-Cal benefits reinstated, applying for Medi-Cal benefits, or obtaining health care coverage under a private health plan or policy. +(2) To the extent not covered by a participant’s health care coverage, the state shall retain responsibility for the medical, dental, and mental health needs of individuals participating in the alternative custody program. +(p) The secretary shall adopt emergency regulations specifically governing participants in this program. +(q) If a phrase, clause, sentence, or provision of this section or application thereof to a person or circumstance is held invalid, that invalidity shall not affect any other phrase, clause, sentence, or provision or application of this section, which can be given effect without the invalid phrase, clause, sentence, or provision or application and to this end the provisions of this section are declared to be severable.","Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to offer a program under which female inmates who are committed to state prison may be allowed to participate in a voluntary alternative custody program in lieu of confinement in state prison. Existing law defines an alternative custody program to include confinement to a residential home, a residential drug or treatment program, or a transitional care facility that offers appropriate services. Existing law provides that female inmates sentenced to determinate sentences shall be eligible for participation in the program, subject to certain disqualifying criteria. +Except as specified, existing law requires the suspension of certain Medi-Cal benefits to an individual who is an inmate of a public institution. Existing law requires the state to retain responsibility for the medical, dental, and mental health needs of individuals participating in the alternative custody program. +This bill would provide that an inmate’s existing psychiatric or medical condition that requires ongoing care is not a basis for excluding the inmate from eligibility for the program. +The bill would also prescribe specific timeframes for, among other things, the review of an application to participate in the program, notifying an applicant when a determination has been made on that application, the development of an individualized treatment and rehabilitation plan, and release of the inmate into the program. The bill would require a notice of denial to specify the reasons the inmate has been denied participation in the program, and authorize an inmate to reapply for participation in the program or appeal a denial, as specified. +The bill would also require the secretary or his or her designee to assist an individual participating in the alternative custody program in obtaining health care coverage, including, but not limited to, assistance with having suspended Medi-Cal benefits reinstated, applying for Medi-Cal benefits, or obtaining health care coverage under a private health plan or policy. The bill would require that, to the extent not covered by a participant’s health care coverage, the state would retain responsibility for the medical, dental, and mental health needs of individuals participating in the alternative custody program.","An act to amend Section 1170.05 of the Penal Code, relating to prisons." +52,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The Sacramento-San Joaquin Delta is an invaluable California natural resource. However, the health of the Delta is being threatened by water hyacinth as it obstructs waterways and marinas, consumes valuable water resources, creates human health and safety hazards, and damages cherished natural ecosystems by crowding out native plants and wildlife. +(b) The Division of Boating and Waterways is the lead agency responsible for eradicating and controlling invasive aquatic plants, such as water hyacinth, in the Delta, its tributaries, and the Suisun Marsh. +(c) Water hyacinth is controlled by the Division of Boating and Waterways primarily through the use of pesticides, which require state and federal permits, approvals, and biological opinions. +(d) In 2012, the Division of Boating and Waterways failed to obtain these permits in a timely manner and pesticide spraying was significantly delayed, +which +which, in combination with other factors, +allowed water hyacinth to grow and multiply into dense, unsafe mats that blanketed and obstructed several areas of the Delta. +(e) Therefore, in order to improve public transparency and accountability, an advisory and oversight committee must be established to +evaluate and +monitor the activities of the Division of Boating and Waterways relating to the management and control or eradication of invasive aquatic plants in the Delta, its tributaries, and the Suisun Marsh. +SEC. 2. +Section 64 of the Harbors and Navigation Code is amended to read: +64. +(a) The Legislature hereby finds and declares that the growth of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh has occurred at an unprecedented level and that the resulting accumulations of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) obstruct navigation, impair other recreational uses of waterways, have the potential for damaging manmade facilities, and may threaten the health and stability of fisheries and other ecosystems within the Delta and the Suisun Marsh. Accordingly, it is necessary that the state, in cooperation with agencies of the United States, undertake an aggressive program for the effective control of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Delta, its tributaries, and the Suisun Marsh. +(b) The department is designated as the lead agency of the state for the purpose of cooperating with agencies of the United States and other public agencies in controlling water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Delta, its tributaries, and the Suisun Marsh. +(c) The department, other state agencies, including, but not limited to, the California Conservation Corps, cities, counties, and districts are hereby authorized to cooperate with one another and with agencies of the United States in controlling water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Delta, its tributaries, and the Suisun Marsh and may furnish money, services, equipment, and other property to that end. +(d) Up to five thousand dollars ($5,000) per year of the funds available for expenditure by the Department of Fish and Game to implement this section shall be paid from the Harbors and Watercraft Revolving Fund. +(e) Whenever any control program is proposed to take place in Rock Slough, the department and the Contra Costa Water District shall develop a memorandum of understanding establishing the parameters of the control program. This subdivision does not apply to any control program proposed for Sand Mound Slough. +SEC. 3. +Section 64.6 is added to the Harbors and Navigation Code, to read: +64.6. +The division shall, no later than 90 days after the effective date of the act adding this section, establish an advisory and oversight committee to +evaluate and +monitor the activities of the division relating to the management and control or eradication of invasive aquatic plants in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh. +(a) The division shall designate and provide staff support to the advisory and oversight committee. +(b) The membership of the advisory and oversight committee shall include an equitable number of representatives from each of the following interests affected by invasive aquatic plants in the Delta, its tributaries, and the Suisun Marsh: +(1) Agriculture. +(2) Recreational boating. +(3) Commercial shipping. +(4) Business owners. +(5) California Invasive Plant Council. +(6) Research institutions. +(7) Wildlife conservation. +(8) Environment. +(9) Resource conservation districts. +(10) The general public. +(11) Local government. +(c) The advisory and oversight committee shall meet, at a minimum, twice per year and communicate any findings or recommendations to the division. The division shall make any such findings or recommendations publically available on the division’s Internet Web site. +(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to aid in the mitigation and control of invasive aquatic plants that have caused significant damage to the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh by obstructing waterways and marinas, consuming valuable water resources, creating human health and safety hazards, and damaging cherished natural ecosystems, it is necessary that this act take effect immediately.","Existing law designates the Division of Boating and Waterways within the Department of Parks and Recreation as the lead agency of the state for purposes of cooperating with other state, local, and federal agencies in identifying, detecting, controlling, and administering programs to manage invasive aquatic plants in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh, and prescribes the duties of the division with regard to the management and control or eradication of those plants. +This bill would require the division, no later than 90 days after the effective date of the bill, to establish, and designate and provide staff support to, an advisory and oversight committee to +evaluate and +monitor the activities of the division relating to the management and control or eradication of those plants. The bill would require the membership of the advisory and oversight committee to include an equitable number of representatives from specified interests and would require the advisory and oversight committee to meet, at a minimum, twice per year and communicate any findings or recommendations to the division. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 64 of, and to add and repeal Section 64.6 of, the Harbors and Navigation Code, relating to +aquatic +invasive +aquatic +plants, and declaring the urgency thereof, to take effect immediately." +53,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 117630 of the Health and Safety Code is amended to read: +117630. +(a) “Biohazard bag” means a disposable film bag used to contain medical waste. Notwithstanding subdivision (b) of Section 117605, the film bags that are used to line the United States Department of Transportation (USDOT)-approved shipping containers for transport from the generator’s facility onto roadways and into commerce to a treatment and disposal facility shall be marked and certified by the manufacturer as having passed the tests prescribed for tear resistance in the American Society for Testing Materials (ASTM) D1922, “Standard Test Method for Propagation Tear Resistance of Plastic Film and Thin Sheeting by Pendulum Method” and for impact resistance in ASTM D1709, “Standard Test Methods for Impact Resistance of Plastic Film by the Free-Falling Dart Method,” as those documents were published on January 1, 2014. The film bag shall meet an impact resistance of 165 grams and a tearing resistance of 480 grams in both parallel and perpendicular planes with respect to the length of the bag. +(b) The biohazard bag that is used to collect medical waste within a facility shall be manufacturer certified to meet the ASTM D1709 dart drop test, provided that when the bag is prepared for transport offsite, it is placed into a USDOT-approved container lined with a biohazard bag that is ASTM D1709 and ASTM D1922 certified. +(c) The color of the bag shall be red, except when yellow bags are used to further segregate trace chemotherapy waste and white bags are used to further segregate pathology waste. The biohazard bag shall be marked with the international biohazard symbol and may be labeled by reference as authorized by the USDOT. +SEC. 2. +Section 117904 of the Health and Safety Code is amended to read: +117904. +(a) In addition to the consolidation points authorized pursuant to Section 118147, the enforcement agency may approve a location as a point of consolidation for the collection of home-generated sharps waste, which, after collection, shall be transported and treated as medical waste. +(b) A consolidation location approved pursuant to this section shall be known as a “home-generated sharps consolidation point.” +(c) A home-generated sharps consolidation point is not subject to the requirements of Chapter 9 (commencing with Section 118275), to the permit or registration requirements of this part, or to any permit or registration fees, with regard to the activity of consolidating home-generated sharps waste pursuant to this section. +(d) A home-generated sharps consolidation point shall comply with all of the following requirements: +(1) All sharps waste shall be placed in sharps containers. +(2) Sharps containers ready for disposal shall not be held for more than seven days without the written approval of the enforcement agency. +(e) An operator of a home-generated sharps consolidation point approved pursuant to this section shall not be considered the generator of that waste, but shall be listed on the tracking documents in compliance with the United States Postal Service requirements for waste shipped through mail back and on the tracking documents as required by the department. +(f) The medical waste treatment facility which treats the sharps waste subject to this section shall maintain the tracking document required by Sections 118040 and 118165 with regard to that sharps waste. +SEC. 3. +Section 117943 of the Health and Safety Code is amended to read: +117943. +(a) A medical waste generator required to register pursuant to this chapter shall maintain for a minimum of three years individual treatment operating records, and if applicable, the tracking document for all untreated medical waste shipped offsite for treatment, and shall report or submit to the enforcement agency, upon request, all of the following: +(1) Treatment operating records. Operating records shall be maintained in written or electronic form. +(2) An emergency action plan complying with regulations adopted by the department. +(3) Tracking documents or electronically archived tracking documents maintained by the facility and medical waste hauler of all untreated medical waste shipped offsite for treatment. +(b) Documentation shall be made available to the enforcement agency onsite. +SEC. 4. +Section 117945 of the Health and Safety Code is amended to read: +117945. +(a) Small quantity generators who are not required to register pursuant to this chapter shall maintain on file in their office all of following: +(1) An information document stating how the generator contains, stores, treats, and disposes of any medical waste generated through any act or process of the generator. +(2) Records required by the United States Postal Service of any medical waste shipped offsite for treatment and disposal. The small quantity generator shall maintain, or have available electronically at the facility or from the medical waste hauler or common carrier, these records, for not less than three years. +(b) Documentation shall be made available to the enforcement agency onsite. +SEC. 5. +Section 117975 of the Health and Safety Code is amended to read: +117975. +(a) A large quantity medical waste generator required to register pursuant to this chapter shall maintain for a minimum of two years individual treatment records and the tracking document for all untreated medical waste shipped offsite for treatment. The generator shall report or submit to the enforcement agency, upon request, all of the following: +(1) Treatment operating records. Operating records shall be maintained in written or electronic form. +(2) An emergency action plan in accordance with regulations adopted by the department. +(3) Tracking documents or electronically archived tracking documents maintained by the facility or medical waste hauler of all untreated medical wastes shipped offsite for treatment. +(b) Documentation shall be made available to the enforcement agency onsite as soon as feasible, but no more than two business days following the request. +SEC. 6. +Section 118032 of the Health and Safety Code is amended to read: +118032. +A pharmaceutical waste generator or parent organization that employs health care professionals who generate pharmaceutical waste is exempt from the requirements of subdivision (a) of Section 118000 if all of the following requirements are met: +(a) The generator or parent organization has on file one of the following: +(1) If the generator or parent organization is a small quantity generator required to register pursuant to Chapter 4 (commencing with Section 117925), a medical waste management plan prepared pursuant to Section 117935. +(2) If the generator or parent organization is a small quantity generator not required to register pursuant to Chapter 4 (commencing with Section 117925), the information document maintained pursuant to subdivision (a) of Section 117945. +(3) If the generator or parent organization is a large quantity generator, a medical waste management plan prepared pursuant to Section 117960. +(b) The generator or health care professional who generated the pharmaceutical waste transports the pharmaceutical waste himself or herself, or directs a member of his or her staff to transport the pharmaceutical waste to a parent organization or another health care facility for the purpose of consolidation before treatment and disposal, or contracts with a common carrier to transport the pharmaceutical waste to a permitted medical waste treatment facility or transfer station. +(c) Except as provided in subdivision (d), all of the following requirements are met: +(1) Prior to shipment of the pharmaceutical waste, the generator notifies the intended destination facility that it is shipping pharmaceutical waste to it and provides a copy of the tracking document, as specified in Section 118040. +(2) The generator and the facility receiving the pharmaceutical waste maintain the tracking document, as specified in Section 118040. +(3) The facility receiving the pharmaceutical waste notifies the generator of the receipt of the pharmaceutical waste shipment and any discrepancies between the items received and the tracking document, as specified in Section 118040, evidencing diversion of the pharmaceutical waste. +(4) The generator notifies the enforcement agency of any discrepancies between the items received and the tracking document, as specified in Section 118040, evidencing diversion of the pharmaceutical waste. +(d) (1) Notwithstanding subdivision (c), if a health care professional who generates pharmaceutical waste returns the pharmaceutical waste to the parent organization for the purpose of consolidation before treatment and disposal over a period of time, a single-page form or multiple entry log may be substituted for the tracking document, if the form or log contains all of the following information: +(A) The name of the person transporting the pharmaceutical waste. +(B) The number of containers of pharmaceutical waste. This clause does not require any generator to maintain a separate pharmaceutical waste container for every patient or to maintain records as to the specified source of the pharmaceutical waste in any container. +(C) The date that the pharmaceutical waste was returned. +(2) The form or log described in paragraph (1) shall be maintained in the files of the health care professional who generates the pharmaceutical waste and the parent organization or another health care facility that receives the pharmaceutical waste. +(3) This subdivision does not prohibit the use of a single document to verify the return of more than one container to a parent organization or another health care facility, provided the form or log meets the requirements specified in paragraphs (1) and (2). +SEC. 7. +Section 118040 of the Health and Safety Code is amended to read: +118040. +(a) Except with regard to sharps waste consolidated by a home-generated sharps consolidation point approved pursuant to Section 117904, a hazardous waste transporter transporting medical waste shall maintain a completed tracking document in compliance with subdivision (b) for the purpose of tracking the medical waste from the point when the waste leaves the generator facility until it receives final treatment. At the time that the medical waste is received by a hazardous waste transporter, the transporter shall provide the medical waste generator with a copy of the tracking document. The transporter transporting medical waste shall maintain its copy of the tracking document for three years. +(b) The tracking document shall include, but not be limited to, all of the following information: +(1) The name, address, telephone number, and registration number of the transporter, unless transported pursuant to Section 117946 or 117976. +(2) The type of medical waste transported and the quantity or aggregate weight of medical waste transported. +(3) The name, address, and telephone number of the generator. +(4) The name, address, telephone number, permit number, and the signature of an authorized representative of the permitted facility receiving the medical waste. +(5) The date that the medical waste is collected or removed from the generator’s facility, the date that the medical waste is received by the transfer station, the registered large quantity generator, or point of consolidation, if applicable, and the date that the medical waste is received by the treatment facility. +(c) A hazardous waste transporter transporting medical waste in a vehicle shall have the tracking document in his or her possession while transporting the medical waste. The tracking document shall be shown upon demand to any enforcement agency personnel or officer of the Department of the California Highway Patrol. If the medical waste is transported by rail, vessel, or air, the railroad corporation, vessel operator, or airline shall enter on the shipping papers any information concerning the medical waste that the enforcement agency may require. +(d) A hazardous waste transporter transporting medical waste shall provide the facility receiving the medical waste with the original tracking document. +(e) Each hazardous waste transporter and each medical waste treatment facility shall provide tracking data periodically and in a format as determined by the department. +SEC. 8. +Section 118275 of the Health and Safety Code is amended to read: +118275. +(a) To containerize or store medical waste, at the point of generation and while collected in that room, a person shall do all of the following: +(1) Medical waste, as defined in Section 117690, shall be contained separately from other waste at the point of origin in the producing facility. Sharps containers may be placed in biohazard bags or in containers with biohazard bags. +(2) Biohazardous waste, as defined in paragraph (1) of subdivision (b) of Section 117690, shall be placed in a biohazard bag and labeled in compliance with Section 117630. +(3) Sharps waste, as defined in paragraph (4) of subdivision (b) of Section 117690, including sharps and pharmaceutical waste containerized pursuant to paragraph (7), shall be contained in a United States Food and Drug Administration (USFDA) approved sharps container that meets USFDA labeling requirements and is handled pursuant to Section 118285. +(4) Trace chemotherapy waste, as defined in paragraph (5) of subdivision (b) of Section 117690, shall be segregated for storage, and, when placed in a secondary container, that container shall be labeled with the words “Chemotherapy Waste,” “CHEMO,” or other label approved by the department on the lid and sides, so as to be visible from any lateral direction, to ensure treatment of the biohazardous waste pursuant to Section 118222. Sharps waste that is contaminated through contact with, or having previously contained, chemotherapeutic agents, shall be placed in sharps containers labeled in accordance with the industry standard with the words “Chemotherapy Waste,” “CHEMO,” or other label approved by the department, and shall be segregated to ensure treatment of the sharps waste pursuant to Section 118222. +(5) Pathology waste, as defined in paragraph (2) of subdivision (b) of Section 117690, shall be segregated for storage and, when placed in a secondary container, that container shall be labeled with the words “Pathology Waste,” “PATH,” or other label approved by the department on the lid and sides, so as to be visible from any lateral direction, to ensure treatment of the waste pursuant to Section 118222. +(6) Pharmaceutical waste, as defined in paragraph (3) of subdivision (b) of Section 117690, shall be segregated for storage in accordance with the facility’s medical waste management plan. When this waste is prepared for shipment offsite for treatment, it shall be properly containerized for shipment in compliance with United States Department of Transportation and the United States Drug Enforcement Administration (DEA) requirements. +(A) Pharmaceutical wastes classified by the DEA as “controlled substances” shall be disposed of in compliance with DEA requirements. +(B) Nonradioactive pharmaceutical wastes that are not subject to the federal Resource Conservation and Recovery Act of 1976 (Public Law 94-580), as amended, and that are regulated as medical waste are placed in a container or secondary container labeled with the words “HIGH HEAT” or “INCINERATION ONLY,” or with another label approved by the department, on the lid and sides, so as to be visible from any lateral direction, to ensure treatment of the biohazardous waste pursuant to Section 118222. +(7) A person may consolidate into a common container, which may be reusable, sharps waste, as defined in paragraph (4) of subdivision (b) of Section 117690, and pharmaceutical wastes, as defined in paragraph (3) of subdivision (b) of Section 117690, provided that both of the following apply: +(A) The consolidated waste is treated by incineration or alternative treatment technologies approved to treat that waste pursuant to paragraph (1) or (3) of subdivision (a) of Section 118215 prior to disposal. That alternative treatment shall render the waste unrecoverable and nonhazardous. +(B) The container meets the requirements of Section 118285. The container shall be labeled with the biohazardous waste symbol and the words “HIGH HEAT” or “INCINERATION ONLY,” or with another label approved by the department, on the lid and sides, so as to be visible from any lateral direction, to ensure treatment of the waste pursuant to this subdivision. +(b) To containerize medical waste being held for shipment offsite for treatment, the waste shall be labeled, as outlined in subdivision (a), on the lid and sides of the container. +(c) When medical waste is containerized pursuant to subdivisions (a) and (b) there is no requirement to label the containers with the date that the waste started to accumulate. +SEC. 9. +Section 118345 of the Health and Safety Code is amended to read: +118345. +(a) Any person who intentionally makes any false statement or representation in any application, label, tracking document, record, report, permit, registration, or other document filed, maintained, or used for purposes of compliance with this part that materially affects the health and safety of the public is liable for a civil penalty of not more than ten thousand dollars ($10,000) for each separate violation or, for continuing violations, for each day that the violation continues. +(b) Any person who fails to register or fails to obtain a medical waste permit in violation of this part, or otherwise violates any provision of this part, any order issued pursuant to Section 118330, or any regulation adopted pursuant to this part, is liable for a civil penalty of not more than ten thousand dollars ($10,000) for each violation of a separate provision of this part or, for continuing violations, for each day that the violation continues. +SEC. 10. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to ensure that necessary and technical changes to the laws governing the handling and disposal of medical waste are implemented as soon as possible, it is necessary that this act take effect immediately.","(1) Under existing law, the Medical Waste Management Act, the State Department of Public Health regulates the disposal of medical waste. The act requires specified biohazard materials to be disposed of in biohazard bags and requires specified treatment for medical waste. Transportation, storage, treatment, or disposal of medical waste in a manner not authorized by the act is a crime. Existing law defines specified terms for purposes of the Medical Waste Management Act, including “biohazard bag.” Existing law defines a biohazard bag to mean a film bag that is impervious to moisture. Existing law requires the film bags that are used for transport to be marked and certified by the manufacturer as having passed specified tests prescribed for tear resistance and for impact resistance. +This bill would revise the definition of “biohazard bag” and would limit the application of the requirement that film bags used for transport be marked and certified by the manufacturer as having passed specified tests only to those film bags that are used for transport from the generator’s facility onto roadways and into commerce to a treatment and disposal facility. The bill would revise the requirements for biohazard bags that are used to collect medical waste within a facility, as specified. +(2) Existing law requires a hazardous waste transporter or generator transporting medical waste to maintain a completed shipping document in compliance with the United States Department of Transportation and a tracking document if the waste is transported to a facility other than the final medical waste treatment facility. +This bill would instead require a hazardous waste transporter that transports medical waste to maintain a tracking document in compliance with specified requirements for purposes of tracking medical waste from the point when the waste leaves the generator facility until the waste receives final treatment. The bill would also require the tracking document to be maintained only by hazardous waste transporters, and not by generators transporting waste. The bill would also make conforming changes. +(3) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 117630, 117904, 117943, 117945, 117975, 118032, 118040, 118345, and 118275 of the Health and Safety Code, relating to medical waste, and declaring the urgency thereof, to take effect immediately." +54,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 837.5 is added to the Code of Civil Procedure, immediately following Section 837, to read: +837.5. +(a) The state may intervene in a comprehensive adjudication conducted pursuant to this chapter. +(b) This section does not affect substantive law. +SEC. 2. +Section 10720.1 of the Water Code is amended to read: +10720.1. +In enacting this part, it is the intent of the Legislature to do all of the following: +(a) To provide for the sustainable management of groundwater basins. +(b) To enhance local management of groundwater consistent with rights to use or store groundwater and Section 2 of Article X of the California Constitution. It is the intent of the Legislature to preserve the security of water rights in the state to the greatest extent possible consistent with the sustainable management of groundwater. +(c) To establish minimum standards for sustainable groundwater management. +(d) To provide local groundwater agencies with the authority and the technical and financial assistance necessary to sustainably manage groundwater. +(e) To avoid or minimize subsidence. +(f) To improve data collection and understanding about groundwater. +(g) To increase groundwater storage and remove impediments to recharge. +(h) To manage groundwater basins through the actions of local governmental agencies to the greatest extent feasible, while minimizing state intervention to only when necessary to ensure that local agencies manage groundwater in a sustainable manner. +(i) To provide a more efficient and cost-effective groundwater adjudication process that protects water rights, ensures due process, prevents unnecessary delay, and furthers the objectives of this part. +SEC. 3. +Section 10720.5 of the Water Code is amended to read: +10720.5. +(a) Groundwater management pursuant to this part shall be consistent with Section 2 of Article X of the California Constitution. Nothing in this part modifies rights or priorities to use or store groundwater consistent with Section 2 of Article X of the California Constitution, except that in basins designated medium- or high-priority basins by the department, no extraction of groundwater between January 1, 2015, and the date of adoption of a groundwater sustainability plan pursuant to this part or the approval by the department of an alternative submitted under Section 10733.6, whichever is sooner, may be used as evidence of, or to establish or defend against, any claim of prescription. +(b) Nothing in this part, or in any groundwater management plan adopted pursuant to this part, determines or alters surface water rights or groundwater rights under common law or any provision of law that determines or grants surface water rights. +(c) Water rights may be determined in an adjudication action pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of the Code of Civil Procedure. +SEC. 4. +Section 10722.2 of the Water Code is amended to read: +10722.2. +(a) A local agency or an entity directed by the court in an adjudication action to file the request may request that the department revise the boundaries of a basin, including the establishment of new subbasins. A request shall be supported by the following information: +(1) Information demonstrating that the proposed adjusted basin can be the subject of sustainable groundwater management. +(2) Technical information regarding the boundaries of, and conditions in, the proposed adjusted basin. +(3) Information demonstrating that the entity proposing the basin boundary adjustment consulted with interested local agencies and public water systems in the affected basins before filing the proposal with the department. +(4) Other information the department deems necessary to justify revision of the basin’s boundary. +(b) By January 1, 2016, the department shall adopt regulations regarding the information required to comply with subdivision (a), including the methodology and criteria to be used to evaluate the proposed revision. The department shall adopt the regulations, including any amendments thereto, authorized by this section as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding the Administrative Procedure Act, emergency regulations adopted by the department pursuant to this section shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the department. +(c) Methodology and criteria established pursuant to subdivision (b) shall address all of the following: +(1) How to assess the likelihood that the proposed basin can be sustainably managed. +(2) How to assess whether the proposed basin would limit the sustainable management of adjacent basins. +(3) How to assess whether there is a history of sustainable management of groundwater levels in the proposed basin. +(d) Prior to adopting the regulations pursuant to subdivision (b), the department shall conduct three public meetings to consider public comments. The department shall publish the draft regulations on its Internet Web site at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California, one meeting shall be conducted at a location in the central valley of California, and one meeting shall be conducted at a location in southern California. +(e) The department shall provide a copy of its draft revision of a basin’s boundaries to the California Water Commission. The California Water Commission shall hear and comment on the draft revision within 60 days after the department provides the draft revision to the commission. +SEC. 5. +Chapter 12 (commencing with Section 10737) is added to Part 2.74 of Division 6 of the Water Code, to read: +CHAPTER 12. Determination of Rights to Groundwater +10737. +Except as provided in this chapter, an adjudication action to determine rights to groundwater in a basin shall be conducted in accordance with the Code of Civil Procedure, including pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of that code. +10737.2. +In an adjudication action for a basin required to have a groundwater sustainability plan under this part, the court shall manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by this part. +10737.4. +(a) Chapter 11 (commencing with Section 10735) shall not apply to a judgment approved by the court pursuant to Section 850 of the Code of Civil Procedure if both of the following apply: +(1) A local agency or a party directed by the court to file the submission submits the judgment to the department for evaluation and assessment pursuant to paragraph (2) of subdivision (b) of Section 10733.6. +(2) The department determines that the judgment satisfies the objectives of this part for the basin. +(b) A party or group of parties proposing a stipulated judgment pursuant to subdivision (b) of Section 850 of the Code of Civil Procedure may submit the proposed stipulated judgment to the department for evaluation and assessment pursuant to paragraph (2) of subdivision (b) of Section 10733.6. +(c) Notwithstanding subdivision (c) of Section 10733.6, a judgment or proposed stipulated judgment pursuant to this section may be submitted to the department after January 1, 2017. +(d) A determination of the department on a submission pursuant to this section is subject to judicial review pursuant to Section 1085 of the Code of Civil Procedure. Venue shall be in the court with jurisdiction over the adjudication action and the case shall be coordinated with the adjudication action. +10737.6. +If the department determines that a judgment satisfies the objectives of this part in accordance with paragraph (2) of subdivision (a) of Section 10737.4, the department shall submit to the court the assessments and any recommended corrective actions that the department issues pursuant to Section 10733.8. The court, after notice and, if necessary, an evidentiary hearing, shall determine whether to amend the judgment pursuant to Section 852 of the Code of Civil Procedure to adopt the department’s recommended corrective actions. +10737.8. +In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management. +SEC. 6. +This act shall only become operative if Assembly Bill 1390 of the 2015–16 Regular Session is enacted and becomes effective.","The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable. Existing law specifies the jurisdiction of the courts. Under existing law, courts may adjudicate rights to produce groundwater and exercise other powers relating to the supervision of a groundwater basin. Existing law authorizes a court to order a reference to the State Water Resources Control Board, as referee, of any and all issues involved in a suit brought in any court of competent jurisdiction in this state for determination of rights to water. +This bill would authorize the state to intervene in a comprehensive adjudication conducted as specified in AB 1390 of the 2015–16 Regular Session. +Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. The act authorizes a local agency to request that the department revise the boundaries of a basin. +This bill, in an adjudication action to determine rights to groundwater in a basin that is required to have a groundwater sustainability plan under the act, would require the court to manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by the act. The bill would authorize an entity that is directed by the court in an adjudication action to file the request that the department revise the boundaries of a basin. +The act authorizes the state board to designate certain high- and medium-priority basins as a probationary basin if prescribed criteria are met. The act authorizes the state board to develop an interim plan for a probationary basin if the state board, in consultation with the department, determines that a local agency has not remedied a deficiency that resulted in designating the basin as a probationary basin within a certain timeframe. The act also requires the department, at least every 5 years after initial submission, to review any available groundwater sustainability plan or alternative and the implementation of the corresponding groundwater sustainability program for consistency with the act, including achieving the sustainability goal. The act requires the department to issue an assessment for each basin for which a plan or alternative has been submitted that may include recommended corrective actions to address any deficiencies identified by the department. +The bill would prohibit the provisions relating to probationary basins and interim plans from applying to a judgment approved by the court if the judgment is submitted to the department for evaluation and assessment and the department determines that the judgment satisfies the objectives of the act for the basin. The bill would require the department to submit to the court assessments and any recommended corrective actions for these judgments and would require the court, after notice and, if necessary, an evidentiary hearing, to determine whether to amend the judgment to adopt the department’s recommended corrective actions. This bill would prohibit a court from approving entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under the act unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with the act and to achieve sustainable groundwater management.","An act to add Section 837.5 to the Code of Civil Procedure, and to amend Sections 10720.1, 10720.5, and 10722.2 of, and to add Chapter 12 (commencing with Section 10737) to Part 2.74 of Division 6 of, the Water Code, relating to groundwater." +55,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 75212 of the Public Resources Code is amended to read: +75212. +Projects eligible for funding pursuant to the program include any of the following: +(a) Intermodal, affordable housing projects that support infill and compact development. +(b) Transit capital projects and programs supporting transit ridership, including water-borne transit. +(c) Active transportation capital projects that qualify under the Active Transportation Program, including pedestrian and bicycle facilities and supportive infrastructure, including connectivity to transit stations. +(d) Noninfrastructure-related active transportation projects that qualify under the Active Transportation Program, including activities that encourage active transportation goals conducted in conjunction with infrastructure improvement projects. +(e) Transit-oriented development projects, including affordable housing and infrastructure at or near transit stations or connecting those developments to transit stations. +(f) Capital projects that implement local complete streets programs. +(g) Other projects or programs designed to reduce greenhouse gas emissions and other criteria air pollutants by reducing automobile trips and vehicle miles traveled within a community. +(h) Acquisition of easements or other approaches or tools that protect agricultural lands that are under pressure of being converted to nonagricultural uses, particularly those adjacent to areas most at risk of urban or suburban sprawl or those of special environmental significance. +(i) Planning to support implementation of a sustainable communities strategy, including implementation of local plans supporting greenhouse gas emissions reduction efforts and promoting infill and compact development. +SEC. 2. +Section 75230 of the Public Resources Code is amended to read: +75230. +(a) The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. +(b) Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund established pursuant to Section 16428.8 of the Government Code. +(c) Funding shall be allocated by the Controller consistent with the requirements of this part and with Section 39719 of the Health and Safety Code, upon a determination by the Department of Transportation that the expenditures proposed by a transit agency meet the requirements of this part and guidelines developed pursuant to subdivision (f), and the amount of funding requested that is currently available. +(d) Moneys for the program shall be expended to provide transit operating or capital assistance that meets all of the following criteria: +(1) Expenditures supporting new or expanded bus or rail services, new or expanded water-borne transit, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities. +(2) The recipient transit agency demonstrates that each expenditure directly enhances or expands transit service to increase mode share. +(3) The recipient transit agency demonstrates that each expenditure reduces greenhouse gas emissions. +(e) For transit agencies whose service areas include disadvantaged communities as identified pursuant to Section 39711 of the Health and Safety Code, at least 50 percent of the total moneys received pursuant to this chapter shall be expended on projects or services that meet requirements of subdivision (d) and benefit the disadvantaged communities, consistent with the guidance developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code. +(f) The Department of Transportation, in coordination with the State Air Resources Board, shall develop guidelines that describe the methodologies that recipient transit agencies shall use to demonstrate that proposed expenditures will meet the criteria in subdivisions (d) and (e) and establish the reporting requirements for documenting ongoing compliance with those criteria. +(g) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development of guidelines for the program pursuant to this section. +(h) A transit agency shall submit the following information to the Department of Transportation before seeking a disbursement of funds pursuant to this part: +(1) A list of proposed expense types for anticipated funding levels. +(2) The documentation required by the guidelines developed pursuant to subdivision (f) to demonstrate compliance with subdivisions (d) and (e). +(i) Before authorizing the disbursement of funds, the department, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense types, based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to subdivision (f). +(j) The department shall notify the Controller of approved expenditures for each transit agency, and the amount of the allocation for each transit agency determined to be available at that time of approval. +(k) The recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for use of fund proceeds developed by the State Air Resources Board. +(l) The Department of Transportation and recipient transit agencies shall comply with the guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code to ensure that the requirements of Section 39713 of the Health and Safety Code are met to maximize the benefits to disadvantaged communities as described in Section 39711 of the Health and Safety Code.","Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, to be deposited in the Greenhouse Gas Reduction Fund. +Existing law continuously appropriates specified portions of the annual proceeds in the Greenhouse Gas Reduction Fund to various programs including 5% for the Low Carbon Transit Operations Program and 20% for the Affordable Housing and Sustainable Communities Program. +This bill would include water-borne transit as an eligible project that may be funded under these 2 programs. Because the bill would expand the allowable purposes for which the continuously appropriated funds allocated to the program may be expended, it would thereby make an appropriation.","An act to amend Sections 75212 and 75230 of the Public Resources Code, relating to transportation, and making an appropriation therefor." +56,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 41326 of the Education Code is amended to read: +41326. +(a) Notwithstanding any other provision of this code, the acceptance by a school district of an apportionment made pursuant to Section 41320 that exceeds an amount equal to 200 percent of the amount of the reserve recommended for that school district under the standards and criteria adopted pursuant to Section 33127 constitutes the agreement by the school district to the conditions set forth in this article. Before applying for an emergency apportionment in the amount identified in this subdivision, the governing board of a school district shall discuss the need for that apportionment at a regular or special meeting of the governing board of the school district and, at that meeting, shall receive testimony regarding the apportionment from parents, exclusive representatives of employees of the school district, and other members of the community. For purposes of this article, “qualifying school district” means a school district that accepts a loan as described in this subdivision. +(b) The Superintendent shall assume all the legal rights, duties, and powers of the governing board of a qualifying school district. The Superintendent, in consultation with the county superintendent of schools, shall appoint an administrator to act on his or her behalf in exercising the authority described in this subdivision in accordance with all of the following: +(1) The administrator shall serve under the direction and supervision of the Superintendent until terminated by the Superintendent at his or her discretion. The Superintendent shall consult with the county superintendent of schools before terminating the administrator. +(2) The administrator shall have recognized expertise in management and finance. +(3) To facilitate the appointment of the administrator and the employment of necessary staff, for purposes of this section, the Superintendent is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. +(4) Notwithstanding any other law, the Superintendent may appoint an employee of the state or the office of the county superintendent of schools to act as administrator for up to the duration of the administratorship. During the tenure of his or her appointment, the administrator, if he or she is an employee of the state or the office of the county superintendent of schools, is an employee of the qualifying school district, but shall remain in the same retirement system under the same plan that has been provided by his or her employment with the state or the office of the county superintendent of schools. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the state or the office of the county superintendent of schools. The time served in the appointment shall be counted for all purposes as if the administrator had served that time in his or her former position with the state or the office of the county superintendent of schools. +(5) Except for an individual appointed as an administrator by the Superintendent pursuant to paragraph (4), the administrator shall be a member of the State Teachers’ Retirement System, if qualified, for the period of service as administrator, unless he or she elects in writing not to become a member. A person who is a member or retirant of the State Teachers’ Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the administrator chooses to become a member or is already a member, the administrator shall be placed on the payroll of the qualifying school district for purposes of providing appropriate contributions to the system. The Superintendent may also require the administrator to be placed on the payroll of the qualifying school district for purposes of remuneration, other benefits, and payroll deductions. +(6) For purposes of workers’ compensation benefits, the administrator is an employee of the qualifying school district, except that an administrator appointed pursuant to paragraph (4) may be deemed an employee of the state or office of the county superintendent of schools, as applicable. +(7) The qualifying school district shall add the administrator as a covered employee of the qualifying school district for all purposes of errors and omissions liability insurance policies. +(8) The salary and benefits of the administrator shall be established by the Superintendent and paid by the qualifying school district. +(9) The Superintendent or the administrator may employ, on a short-term basis and at the expense of the qualifying school district, any staff necessary to assist the administrator, including, but not limited to, a certified public accountant. +(10) The administrator may do all of the following: +(A) Implement substantial changes in the fiscal policies and practices of the qualifying school district, including, if necessary, the filing of a petition under Chapter 9 (commencing with Section 901) of Title 11 of the United States Code for the adjustment of indebtedness. +(B) Revise the educational program of the qualifying school district to reflect realistic income projections and pupil performance relative to state standards. +(C) Encourage all members of the school community to accept a fair share of the burden of the fiscal recovery of the qualifying school district. +(D) Consult, for the purposes described in this subdivision, with the governing board of the qualifying school district, the exclusive representatives of the employees of the qualifying school district, parents, and the community. +(E) Consult with, and seek recommendations from, the Superintendent, the county superintendent of schools, and the County Office Fiscal Crisis and Management Assistance Team authorized pursuant to subdivision (c) of Section 42127.8 for purposes described in this article. +(F) With the approval of the Superintendent, enter into agreements on behalf of the qualifying school district and, subject to any contractual obligation of the qualifying school district, change existing school district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plans referred to in Sections 41327 and 41327.1. +(G) Request the advice and assistance of the California Collaborative for Educational Excellence pursuant to paragraph (1) of subdivision (f) of Section 52074. +(c) (1) Except as provided for in paragraph (2), the period of time during which the Superintendent exercises the authority described in subdivision (b), the governing board of the qualifying school district shall serve as an advisory body reporting to the state-appointed administrator, and has no rights, duties, or powers, and is not entitled to any stipend, benefits, or other compensation from the qualifying school district. +(2) (A) After one complete fiscal year has elapsed following the qualifying school district’s acceptance of an emergency apportionment, the governing board of the qualifying school district may conduct an annual advisory evaluation of an administrator for the duration of the administratorship. +(B) An advisory evaluation of an administrator shall focus on the administrator’s effectiveness in leading the qualifying school district toward fiscal recovery and improved academic achievement. Advisory evaluation criteria shall be agreed upon by the governing board of the qualifying school district and the administrator before the advisory evaluation. The advisory evaluation shall include, but not be limited to, all of the following: +(i) Goals and standards consistent with Section 41327.1. +(ii) Commendations in the areas of the administrator’s strengths and achievements. +(iii) Recommendations for improving the administrator’s effectiveness in areas of concern and unsatisfactory performance. +(C) An advisory evaluation of an administrator conducted by the governing board of a qualifying school district shall be submitted to the Governor, the Legislature, the Superintendent, and the County Office Fiscal Crisis and Management Assistance Team. +(3) Upon the appointment of an administrator pursuant to this section, the district superintendent is no longer an employee of the qualifying school district. +(4) A determination of the severance compensation for the district superintendent shall be made pursuant to subdivision (j). +(d) Notwithstanding Section 35031 or any other law, the administrator, after according the affected employee reasonable notice and the opportunity for a hearing, may terminate the employment of a deputy, associate, assistant superintendent, or other school district level administrator who is employed by a qualifying school district under a contract of employment signed or renewed after January 1, 1992, if the employee fails to document, to the satisfaction of the administrator, that before the date of the acceptance of the emergency apportionment he or she either advised the governing board of the qualifying school district, or his or her superior, that actions contemplated or taken by the governing board of the qualifying school district could result in the fiscal insolvency of the qualifying school district, or took other appropriate action to avert that fiscal insolvency. +(e) The authority of the Superintendent, and the administrator, under this section shall continue until all of the following occur: +(1) (A) After one complete fiscal year has elapsed following the qualifying school district’s acceptance of an emergency apportionment as described in subdivision (a), the administrator determines, and so notifies the Superintendent and the county superintendent of schools, that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable. +(B) The Superintendent may return power to the governing board of the qualifying school district for an area listed in subdivision (a) of Section 41327.1 if performance under the recovery plan for that area has been demonstrated to the satisfaction of the Superintendent. +(2) The Superintendent has approved all of the recovery plans referred to in subdivision (a) of Section 41327 and the County Office Fiscal Crisis and Management Assistance Team completes the improvement plans specified in Section 41327.1 and has completed a minimum of two reports identifying the qualifying school district’s progress in implementing the improvement plans. +(3) The administrator certifies that all necessary collective bargaining agreements have been negotiated and ratified, and that the agreements are consistent with the terms of the recovery plans. +(4) The qualifying school district has completed all reports required by the Superintendent and the administrator. +(5) The Superintendent determines that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable. +(f) When the conditions stated in subdivision (e) have been met, and at least 60 days after the Superintendent has notified the Legislature, the Department of Finance, the Controller, and the county superintendent of schools that he or she expects the conditions prescribed pursuant to this section to be met, the governing board of the qualifying school district shall regain all of its legal rights, duties, and powers, except for the powers held by the trustee provided for pursuant to Article 2 (commencing with Section 41320). The Superintendent shall appoint a trustee under Section 41320.1 to monitor and review the operations of the qualifying school district until the conditions of subdivision (b) of that section have been met. +(g) Notwithstanding subdivision (f), if the qualifying school district violates a provision of the recovery plans approved by the Superintendent pursuant to this article within five years after the trustee appointed pursuant to Section 41320.1 is removed or after the emergency apportionment is repaid, whichever occurs later, or the improvement plans specified in Section 41327.1 during the period of the trustee’s appointment, the Superintendent may reassume, either directly or through an administrator appointed in accordance with this section, all of the legal rights, duties, and powers of the governing board of the qualifying school district. The Superintendent shall return to the governing board of the qualifying school district all of its legal rights, duties, and powers reassumed under this subdivision when he or she determines that future compliance with the approved recovery plans is probable, or after a period of one year, whichever occurs later. +(h) Article 2 (commencing with Section 41320) shall apply except as otherwise specified in this article. +(i) It is the intent of the Legislature that the legislative budget subcommittees annually conduct a review of each qualifying school district that includes an evaluation of the financial condition of the qualifying school district, the impact of the recovery plans upon the qualifying school district’s educational program, and the efforts made by the state-appointed administrator to obtain input from the community and the governing board of the qualifying school district. +(j) (1) The district superintendent is entitled to a due process hearing for purposes of determining final compensation. The final compensation of the district superintendent shall be between zero and six times his or her monthly salary. The outcome of the due process hearing shall be reported to the Superintendent and the public. The information provided to the public shall explain the rationale for the compensation. +(2) This subdivision applies only to a contract for employment negotiated on or after June 21, 2004. +(k) (1) When the Superintendent assumes control over a qualifying school district pursuant to subdivision (b), he or she shall, in consultation with the County Office Fiscal Crisis and Management Assistance Team, review the fiscal oversight of the qualifying school district by the county superintendent of schools. The Superintendent may consult with other fiscal experts, including other county superintendents of schools and regional fiscal teams, in conducting this review. +(2) Within three months of assuming control over a qualifying school district, the Superintendent shall report his or her findings to the Legislature and shall provide a copy of that report to the Department of Finance. This report shall include findings as to fiscal oversight actions that were or were not taken and may include recommendations as to an appropriate legislative response to improve fiscal oversight. +(3) If, after performing the duties described in paragraphs (1) and (2), the Superintendent determines that the county superintendent of schools failed to carry out his or her responsibilities for fiscal oversight as required by this code, the Superintendent may exercise the authority of the county superintendent of schools who has oversight responsibilities for a qualifying school district. If the Superintendent finds, based on the report required in paragraph (2), that the county superintendent of schools failed to appropriately take into account particular types of indicators of financial distress, or failed to take appropriate remedial actions in the qualifying school district, the Superintendent shall further investigate whether the county superintendent of schools failed to take into account those indicators, or similarly failed to take appropriate actions in other school districts with negative or qualified certifications, and shall provide an additional report on the fiscal oversight practices of the county superintendent of schools to the appropriate policy and fiscal committees of each house of the Legislature and the Department of Finance.","Existing law authorizes the governing board of a school district to request an emergency apportionment through the Superintendent of Public Instruction if the governing board of a school district determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations. Existing law provides that if a school district accepts an emergency apportionment that exceeds an amount equal to 200% of the amount of the reserve recommended for that school district, as specified, the Superintendent must, among other things, assume all the legal rights, duties, and powers of the governing board of the qualifying school district, as defined, and, in consultation with the county superintendent of schools, appoint an administrator to act on the Superintendent’s behalf. Existing law authorizes the administrator to take certain actions, including, among others, revising the educational program of the qualifying school district to reflect realistic income projections and pupil performance relative to state standards. +Existing law, on or before July 1, 2014, requires the governing board of each school district and each county board of education to adopt a local control and accountability plan and requires the governing board of each school district and each county board of education to update its local control and accountability plan on or before July 1 of each year. Existing law requires the local control and accountability plan to include certain elements and requires the charter petition for a charter school to include some of those same elements. +Existing law establishes the California Collaborative for Educational Excellence for purposes of advising and assisting school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan. Existing law authorizes the Superintendent to direct the collaborative to advise and assist a school district, county superintendent of schools, or charter school in specified circumstances, including upon their request. +This bill would also authorize the state-appointed administrator of a school district to request the advice and assistance of the collaborative.","An act to amend Section 41326 of the Education Code, relating to school accountability." +57,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6604 of the Fish and Game Code is amended to read: +6604. +(a) A proposed project to partially remove an offshore oil structure pursuant to this chapter is a project as defined in subdivision (c) of Section 21065 of the Public Resources Code and is therefore subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be reviewed pursuant to the time limits established in Section 21100.2 of the Public Resources Code. +(b) The commission shall serve as the lead agency for the environmental review of any project proposed pursuant to this chapter. +SEC. 2. +Section 6612 of the Fish and Game Code is amended to read: +6612. +(a) Upon receipt of an application to partially remove an offshore oil structure pursuant to this chapter, the department shall determine whether the application is complete and includes all information needed by the department. +(b) (1) Upon a determination that the application is complete, the applicant shall provide surety bonds executed by an admitted surety insurer, irrevocable letters of credit, trust funds, or other forms of financial assurances, determined by the department to be available and adequate, to ensure that the applicant will provide sufficient funds to the department, council, commission, and conservancy to carry out all required activities pursuant to this article, including all of the following: +(A) Environmental review of the proposed project pursuant to Section 6604. +(B) A determination of net environmental benefit pursuant to Section 6613. +(C) A determination of cost savings pursuant to Section 6614. +(D) Preparation of a management plan for the structure pursuant to Section 6615. +(E) Implementation of the management plan and ongoing maintenance of the structure after the department takes title pursuant to Section 6620. +(F) Development of an advisory spending plan pursuant to Section 6621. +(G) Other activities undertaken to meet the requirements of this article, including the costs of reviewing applications for completeness, and reviewing, approving, and permitting the proposed project, which includes the costs of determining whether the project meets the requirements of all applicable laws and regulations and the costs of environmental assessment and review. +(2) The department shall consult with the council, commission, and conservancy in determining appropriate funding for activities to be carried out by those agencies. +(3) The funds provided pursuant to paragraph (1) shall not be considered in the calculation of cost savings pursuant to Section 6614 or the apportionment of cost savings pursuant to Section 6618. +(c) The first person to file an application on and after January 1, 2011, to partially remove an offshore oil structure pursuant to this chapter, shall pay, in addition to all costs identified under subdivision (b), the startup costs incurred by the department or the commission to implement this chapter, including the costs to develop and adopt regulations pursuant to this chapter. Before the first application is filed, a prospective applicant may elect to pay, and the department may accept payment of, a portion of the startup costs, in an amount determined by the department to be necessary for staff and other costs in anticipation of receipt of the first application. The payment of startup costs shall be reimbursed by the department as provided in paragraph (3) of subdivision (e) of Section 6618. +(d) As soon as feasible after the applicant provides financial assurances pursuant to subdivision (b), the lead agency shall begin the environmental review of the proposed project as required pursuant to Section 6604. +(e) The applicant may withdraw the application at any time before final approval. Upon notification that the applicant has withdrawn the application, the department shall return to the applicant any funds provided by the applicant under subdivisions (b) and (c) that have not been expended as of the date of receipt of notification of withdrawal. +SEC. 3. +Section 6613 of the Fish and Game Code is amended to read: +6613. +(a) The council shall determine whether the partial removal of an offshore oil structure pursuant to this chapter provides a net benefit to the marine environment compared to the full removal of the structure. +(b) As a necessary prerequisite to determining net environmental benefit as required in subdivision (a), the council shall, upon receipt of its initial application from the department pursuant to Section 6610, establish appropriate criteria, based on +the best available +credible +science, for evaluating the net environmental benefit of full removal and partial removal of offshore oil structures. +(1) The criteria shall include, but are not limited to, the depth of the partially removed structure in relation to its value as habitat and the location of the structure, including its proximity to other reefs, both natural and artificial. +(2) The criteria shall not include any consideration of the funds to be generated by the partial removal of the structure. +(3) In determining the criteria, the council shall consult with appropriate entities, including, but not limited to, the department, the commission, the State Air Resources Board, the California Coastal Commission, and the California Ocean Science Trust. +(4) The council shall establish the criteria in time to use them in making its initial determination of net environmental benefit pursuant to this section. +(c) Upon certification of environmental documents pursuant to the California Environmental Quality Act, the council shall, based on the criteria developed pursuant to subdivision (b) and other relevant information, determine whether partial removal of the structure would provide a net benefit to the marine environment compared to full removal of the structure. In making the determination, the council shall, at a minimum, take into account the following: +(1) The contribution of the proposed structure to protection and productivity of fish and other marine life. +(2) Any adverse impacts to biological resources or water quality, air quality or greenhouse gas emissions, or any other marine environmental impacts, from the full removal of the facility that would be avoided by partial removal as proposed in the application. +(3) Any adverse impacts to biological resources or water quality, air quality or greenhouse gas emissions, or any other marine environmental impacts, from partial removal of the structure as proposed in the application. +(4) Any benefits to the marine environment that would result from the full removal of the structure or from partial removal as proposed in the application. +(5) Any identified management requirements and restrictions of the partially removed structure, including, but not limited to, restrictions on fishing or other activities at the site. +(d) In making the determination pursuant to subdivision (c), the council shall determine the appropriate weight, based on +the best available +credible +science, to be assigned to adverse impacts to air quality or greenhouse gas emissions as compared to adverse impacts to biological resources or water quality. +(e) Benefits resulting from the contribution of cost savings to the endowment shall not be considered in the determination of net environmental benefit. +(f) The council may contract or enter into a memorandum of understanding with any other appropriate governmental or nongovernmental entity to assist in its determination of net environmental benefit. +(g) The determination made pursuant to this section and submitted to the department by the council shall constitute the final determination and shall not be revised except by the council. +(h) The council shall take all feasible steps to complete its determination in a timely manner that accommodates the department’s schedule for consideration of the application. +SEC. 4. +Section 6614 of the Fish and Game Code is amended to read: +6614. +(a) Upon certification of the appropriate environmental documents, the commission shall determine, or cause to be determined, the cost savings that will result from the partial removal of an offshore oil structure as proposed in the application compared to full removal of the structure. +(b) The commission shall ensure that any cost savings are accurately and reasonably calculated. The commission may contract or enter into a memorandum of understanding with any other appropriate governmental agency or other party, including an independent expert, to ensure that cost savings are accurately and reasonably calculated. +(c) The commission shall consider any estimates of cost savings made by any governmental agency, including, but not limited to, the Internal Revenue Service, the Franchise Tax Board, and the United States Department of the Interior. The commission shall include in its determination a written explanation, which shall be available to the public, of the differences, and the reasons for the differences, between the commission’s determination of cost savings and any other estimates of cost savings the commission considered. +(d) The applicant shall provide all necessary documentation, as determined by the commission, to allow the commission to calculate the amount of cost savings. Failure to provide information requested by the commission in a timely manner may result in rejection of the application. +(e) The determination made pursuant to this section and submitted to the department by the commission shall constitute the final determination and shall not be revised except by the commission. +(f) The commission shall take all feasible steps to complete its determination in a timely manner that accommodates the department’s schedule for consideration of the application. +SEC. 5. +Section 6615 of the Fish and Game Code is amended to read: +6615. +Prior to granting conditional approval of an application for partial removal of an offshore oil structure, the department shall do all of the following: +(a) Prepare a plan to manage the offshore oil structure after its partial removal. The plan shall include measures to manage fishery and marine life resources at and around the structure in a manner that will ensure that the net benefits to the marine environment identified pursuant to Section 6613 are maintained or enhanced. Consistent with state and federal law, management measures may include a buffer zone in which fishing or removal of marine life is restricted or prohibited. +(b) Provide an opportunity for public comment on the application and environmental document pursuant to the California Environmental Quality Act. +(c) Hold public hearings for comment on the application and environmental document pursuant to the California Environmental Quality Act in the county nearest to the location of the offshore oil structure that is the subject of the application. +SEC. 6. +Section 6616 of the Fish and Game Code is amended to read: +6616. +The department may grant conditional approval of an application for partial removal of an offshore oil structure only if all of the following criteria are satisfied: +(a) The partial removal of the offshore oil structure and the planning, development, maintenance, and operation of the structure would be consistent with all applicable state, federal, and international laws, including, but not limited to, all of the following: +(1) The federal Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. Sec. 1801 et seq.). +(2) The federal National Fishing Enhancement Act of 1984 (33 U.S.C. Sec. 2101 et seq.). +(3) The federal Coastal Zone Management Act (16 U.S.C. Sec. 1451 et seq.). +(4) The California Coastal Management Program. +(5) The Marine Life Management Act (Part 1.7 (commencing with Section 7050)). +(6) The Marine Life Protection Act (Chapter 10.5 (commencing with Section 2850) of Division 3). +(7) State and federal water quality laws. +(8) Navigational safety laws. +(b) The partial removal of the offshore oil structure provides a net benefit to the marine environment compared to full removal of the structure, as determined pursuant to Section 6613. +(c) The cost savings that would result from the conversion of the offshore oil platform or production facility have been determined pursuant to Section 6614. +(d) The applicant has provided sufficient funds consistent with subdivision (b) of Section 6612. +(e) The department and the applicant have entered into a contractual agreement whereby the applicant will provide sufficient funds for overall management of the structure by the department, including, but not limited to, ongoing management, operations, maintenance, monitoring, and enforcement as these relate to the structure. +(f) The department has entered into an indemnification agreement with the applicant that indemnifies the state and the department, to the extent permitted by law, against any and all liability that may result, including, but not limited to, active negligence, and including defending the state and the department against any claims against the state for any actions the state undertakes pursuant to this article. The agreement may be in the form of an insurance policy, cash settlement, or other mechanism as determined by the department. In adopting indemnification requirements for the agreement, the department shall ensure that the state can defend itself against any liability claims against the state for any actions the state undertakes pursuant to this article and pay any resulting judgments. The department shall consult with and, as necessary, use the resources of the office of the Attorney General in preparing and entering into the indemnification agreement. +(g) The applicant has applied for and received all required permits, leases, and approvals issued by any governmental agency, including, but not limited to, a lease issued by the commission if the proposed project involves state tidelands and submerged lands. For structures located in federal waters, all of the following requirements shall be met: +(1) The department and the owner or operator of the structure reach an agreement providing for the department to take title to the platform or facility as provided in Section 6620. +(2) The department acquires the permit issued by the United States Army Corps of Engineers. +(3) The partial removal of the structure is approved by the Bureau of Safety and Environmental Enforcement of the United States Department of the Interior. +SEC. 7. +Section 6618 of the Fish and Game Code is amended to read: +6618. +(a) The cost savings from the partial removal of an offshore oil structure, as determined pursuant to Section 6614, shall be apportioned and transmitted as described in this section. +(b) Except as provided in subdivision (c), upon receipt of conditional approval pursuant to Section 6617, the applicant shall apportion and directly transmit a portion of the total amount of the cost savings to the department as follows: +(1) Fifty-five percent, if transmitted by the applicant to the department before January 1, 2017. +(2) Sixty-five percent, if transmitted by the applicant to the department on or after January 1, 2017, and before January 1, 2023. +(3) Eighty percent, if transmitted by the applicant to the department on or after January 1, 2023. +(c) Upon receipt of conditional approval pursuant to Section 6617, the applicant +who elects to pay a portion of the startup costs pursuant to subdivision (c) of Section 6612 before the first application is filed and +who files the first application to partially remove an offshore oil structure shall apportion and directly transmit a portion of the total amount of the cost savings resulting from the first application to the department as follows: +(1) Fifty-five percent, if the application was submitted before January 1, 2017. +(2) Sixty-five percent, if the application was submitted on or after January 1, 2017, and before January 1, 2023. +(3) Eighty percent, if the application was submitted on or after January 1, 2023. +(d) If the department’s final approval pursuant to Section 6619 or any other federal, state, or local permit or approval required for the partial removal of the offshore oil structure is permanently enjoined, vacated, invalidated, rejected, or rescinded by a court or governmental agency as the result of litigation challenging the permit or approval, and the applicant is required to carry out full removal of the structure, the department shall promptly return the cost savings to the applicant. +(e) Upon final, nonappealable judicial decisions upholding the department’s final approval pursuant to Section 6619 and all permits and approvals required for the partial removal of the offshore oil structure or the running of the statutes of limitations applicable to all the permits and approvals, whichever is later, the department shall directly transmit the following amounts from the total amount of the cost savings transmitted pursuant to subdivision (b) or (c) to the following entities: +(1) Eighty-five percent shall be deposited into the California Endowment for Marine Preservation established pursuant to Division 37 (commencing with Section 71500) of the Public Resources Code. +(2) Ten percent shall be deposited into the General Fund. +(3) Two percent shall be deposited into the Fish and Game Preservation Fund for expenditure, upon appropriation by the Legislature, by the department to pay any costs imposed by this chapter that are not otherwise provided for pursuant to subdivision (b) of Section 6612 and subdivision (e) of Section 6616. Any moneys remaining in the Fish and Game Preservation Fund, after providing for these costs, shall be used, upon appropriation by the Legislature, first to reimburse the payment of the startup costs described in subdivision (c) of Section 6612, and thereafter to conserve, protect, restore, and enhance the coastal and marine resources of the state consistent with the mission of the department. +(4) Two percent shall be deposited into the Coastal Act Services Fund, established pursuant to Section 30620.1 of the Public Resources Code, and shall be allocated to support state agency work involving research, planning, and regulatory review associated with the application and enforcement of coastal management policies in state and federal waters pursuant to state and federal quasi-judicial authority over offshore oil and gas development. +(5) One percent shall be deposited with the board of supervisors of the county immediately adjacent to the location of the facility prior to its decommissioning. The amount paid to the county shall be managed pursuant to paragraph (1) of subdivision (d) of Section 6817 of the Public Resources Code.","(1) The California Marine Resources Legacy Act establishes a program, administered by the Department of Fish and Wildlife, to allow partial removal of offshore oil structures. The act authorizes the department to approve the partial removal of offshore oil structures, if specified criteria are satisfied. The act requires the first person to file an application to partially remove an offshore oil structure to pay, in addition to other specified costs, the startup costs incurred by the department or the State Lands Commission to implement the act, including the costs to develop and adopt regulations, and requires the payment of startup costs to be reimbursed by the department, as specified. The act requires an applicant, upon conditional approval for removal, to apportion a percentage of the cost-savings funds in accordance with a prescribed schedule to specified entities and funds. The act defines “cost savings” to mean the difference between the estimated cost to the applicant of complete removal of an oil platform, as required by state and federal leases, and the estimated costs to the applicant of partial removal of the oil platform pursuant to the act. +Before the first application to partially remove an offshore oil structure is filed, this bill would authorize a prospective applicant to pay a portion of the startup costs in an amount determined by the department to be necessary for staff and other costs in anticipation of receipt of the first application. The bill would require an applicant, upon conditional approval for partial removal of an offshore oil structure, to apportion and transmit a portion of the cost savings to the department, instead of to the specified entities and funds. The bill would require the department to apportion those cost-savings funds received from the applicant in accordance with the prescribed schedule to the specified entities if certain criteria are satisfied. The bill would require the department to apportion the cost-savings funds received from +the applicant who elects to pay a portion of the startup costs before the first application is filed and who files +the first application in accordance with the prescribed schedule based on when the application was submitted rather than when the cost savings are transmitted. The bill would authorize the applicant to withdraw the application at any time before final approval and would require the department to return specified funds, including startup costs, submitted to process the application that have not been expended as of the date of receipt of the notification of withdrawal. The bill would require the department to promptly return the cost savings to the applicant if the partial removal of the offshore oil structure is not permitted by a court or governmental agency and the applicant is required to carry out full removal of the structure. +(2) Existing law requires the Natural Resources Agency to serve as the lead agency for the environmental review under the California Environmental Quality Act (CEQA) of a proposed project to partially remove an offshore oil structure pursuant to the California Marine Resources Legacy Act. Upon certification of environmental documents pursuant to CEQA, the California Marine Resources Legacy Act requires the State Lands Commission to determine the cost savings of partial removal compared to full removal of the structure and requires the Ocean Protection Council to determine whether partial removal provides a net environmental benefit to the marine environment compared to the full removal of the structure. +This bill would instead require the commission to serve as the lead agency for the environmental review under CEQA. +The bill would require the council, in determining whether partial removal of the structure would provide a net benefit to the marine environment compared to full removal of the structure, to take certain adverse impacts to air quality and greenhouse gas emissions into account and to consult with the State Air Resources Board, among other entities. In making that determination, the bill would require the council to determine the appropriate weight to be assigned to adverse impacts to air quality and greenhouse gas emissions as compared to adverse impacts to biological resources and water quality.","An act to amend Sections 6604, 6612, 6613, 6614, 6615, 6616, and 6618 of the Fish and Game Code, relating to ocean resources." +58,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 30652 of the Food and Agricultural Code is amended to read: +30652. +All fees for the issuance of dog license tags and all fines collected pursuant to this division shall be paid into the county, city, or city and county treasury, as the case may be, and shall be used: +(a) First, to pay fees for the issuance of dog license tags. +(b) Second, to pay fees, salaries, costs, expenses, or any or all of them for the enforcement of this division and all ordinances which are made pursuant to this division. +(c) Third, to pay damages to owners of livestock which are killed by dogs. +(d) Fourth, to pay costs of any hospitalization or emergency care of animals pursuant to Section 597f of the Penal Code. +(e) Fifth, to pay for initial and in-service training for persons charged with enforcing animal control laws, including animal control officers. +SEC. 2. +Section 830.9 of the Penal Code is amended to read: +830.9. +(a) +Animal control officers are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the power to serve warrants as specified in Sections 1523 and 1530 during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers pursuant to Section 832. +That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms. +For +(b) (1) Every person appointed as an animal control officer prior to July 1, 2016, shall complete a course in the exercise of the powers of arrest and to serve warrants pursuant to Section 832 no later than July 1, 2017. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms. +(2) An animal control officer who completed a course in the exercise of the powers of arrest and to serve warrants pursuant to Section 832 prior to January 1, 2016, shall be deemed to have satisfied the training requirements described in paragraph (1). +(c) Every person appointed as an animal control officer on or after July 1, 2016, shall complete a course in the exercise of the powers of arrest and to serve warrants pursuant to Section 832 within one year of his or her appointment. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms. +(d) Every animal control officer described in this section, prior to the exercise of the powers of arrest and to serve warrants, shall have satisfactorily completed the course of training described in Section 832. +(e) Every person appointed as a director, manager, or supervisor, or any person in direct control of an animal control agency, on or after July 1, 2016, shall complete a course in the exercise of the powers of arrest and to serve warrants pursuant to Section 832 within one year of his or her appointment. +(f) (1) During each three-year period following the date described in paragraph (2), every animal control officer shall satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer, which education and training shall be sponsored or provided by an accredited postsecondary institution, the Commission on Peace Officer Standards and Training, a law enforcement agency, the National Animal Care and Control Association, the California Animal Control Directors Association, the California Veterinary Medical Association, or the State Humane Association of California. +(2) Every animal control officer appointed prior to July 1, 2016, shall comply with the requirements of paragraph (1) no later than July 1, 2019, and every three years thereafter. Every animal control officer appointed on or after July 1, 2016, shall comply with the requirements of paragraph (1) within three years of the date of his or her appointment, and every three years thereafter. +(3) The minimum hours and required topics of continuing education and training may be determined by the California Animal Control Directors Association. Continuing education and training shall include at least four hours of course work in the exercise of the powers of arrest and to serve warrants taught by a Commission on Peace Officer Standards and Training certified instructor. This section does not restrict the ability of an agency employing an animal control officer from providing the training required by this subdivision utilizing instructors or curriculum from within the agency or from an allied agency, provided the topic and length of instruction otherwise comply with this subdivision. +(4) Records of training shall be maintained by the animal control officer’s employing agency. +(5) The failure to satisfactorily complete the continuing education and training requirements under this subdivision within 90 days after the expiration of each three-year period shall result in the immediate suspension of the authority granted under subdivision (a). +(g) Nothing in this section shall be construed to supersede any existing training requirements, including, but not limited to, the training requirements set forth in subdivision (g) of Section 22295. +(h) This section does not apply to an animal control officer who is a peace officer pursuant to Section 830.1. +(i) For +the purposes of this section, “firearms” includes capture guns, blowguns, carbon dioxide operated rifles and pistols, air guns, handguns, rifles, and shotguns. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice. Existing law requires the commission to carry out various duties related to the education and training of peace officers, as defined. +Existing law provides that animal control officers are not peace officers but may exercise the powers of arrest of a peace officer and the power to serve warrants, as specified, during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers. +This bill would require every person appointed as an animal control officer prior to July 1, 2016, to complete a course in the exercise of the powers of arrest and to serve warrants no later than July 1, 2017. This bill would require every person appointed as an animal control officer, and every person appointed as a director, manager, or supervisor, or any person in direct control of an animal control agency, on or after July 1, 2016, to complete a course in the exercise of the powers of arrest and to serve warrants within one year of his or her appointment, as specified. This bill would require every animal control officer, prior to the exercise of the powers of arrest and to serve warrants, to have satisfactorily completed the required course of training. +This bill would also require every animal control officer appointed prior to July 1, 2016, to satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer, no later than July 1, 2019, and every 3 years thereafter, as specified. The bill would require every animal control officer appointed on or after July 1, 2016, to comply with those requirements within 3 years of the date of his or her appointment, and every 3 years thereafter. +The bill would specify that the above training and continuing training requirements do not apply to an animal control officer who is a peace officer. +By imposing new training requirements on local employees, this bill would impose a state-mandated local program. +(2) Existing law provides for the regulation and licensing of dogs, including the issuance of dog license tags. Existing law requires that fees for the issuance of dog license tags and fines collected for a violation of the provisions regulating and licensing dogs be paid into the county, city, or city and county treasury and that they be used for specified purposes, including to pay costs and expenses for the enforcement of those provisions. +This bill would expand the list of purposes for which those fees and fines shall be used to include paying for initial and in-service training for persons charged with enforcing animal control laws, including animal control officers. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 30652 of the Food and Agricultural Code, and to amend Section 830.9 of the Penal Code, relating to animal control officers." +59,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14105.28 of the Welfare and Institutions Code is amended to read: +14105.28. +(a) It is the intent of the Legislature to design a new Medi-Cal inpatient hospital reimbursement methodology based on diagnosis-related groups that more effectively ensures all of the following: +(1) Encouragement of access by setting higher payments for patients with more serious conditions. +(2) Rewards for efficiency by allowing hospitals to retain savings from decreased length of stays and decreased costs per day. +(3) Improvement of transparency and understanding by defining the “product” of a hospital in a way that is understandable to both clinical and financial managers. +(4) Improvement of fairness so that different hospitals receive similar payment for similar care and payments to hospitals are adjusted for significant cost factors that are outside the hospital’s control. +(5) Encouragement of administrative efficiency and minimizing administrative burdens on hospitals and the Medi-Cal program. +(6) That payments depend on data that has high consistency and credibility. +(7) Simplification of the process for determining and making payments to the hospitals. +(8) Facilitation of improvement of quality and outcomes. +(9) Facilitation of implementation of state and federal provisions related to hospital acquired conditions. +(10) Support of provider compliance with all applicable state and federal requirements. +(b) (1) (A) (i) The department shall develop and implement a payment methodology based on diagnosis-related groups, subject to federal approval, that reflects the costs and staffing levels associated with quality of care for patients in all general acute care hospitals in state and out of state, including Medicare critical access hospitals, but excluding public hospitals, psychiatric hospitals, and rehabilitation hospitals, which include alcohol and drug rehabilitation hospitals. +(ii) The payment methodology developed pursuant to this section shall be implemented on July 1, 2012, or on the date upon which the director executes a declaration certifying that all necessary federal approvals have been obtained and the methodology is sufficient for formal implementation, whichever is later. +(iii) Claims for payments pursuant to the payment methodology based on diagnosis-related groups established under this section shall be increased by 16 percent for the 2015–16 fiscal year. Managed care rates to Medi-Cal managed care health plans shall be increased by a proportionately equal amount for increased payments for hospital services for the 2015–16 fiscal year. +(iv) Commencing July 1, 2016, and annually thereafter, the department shall increase each diagnosis-related group payment claim amount based, at a minimum, on increases in the medical component of the California Consumer Price Index. Commencing July 1, 2016, and annually thereafter, managed care rates to Medi-Cal managed care health plans shall be increased by a proportionately equal amount for increased payments for hospital services. +(B) The diagnosis-related group-based payments shall apply to all claims, except claims for psychiatric inpatient days, rehabilitation inpatient days, managed care inpatient days, and swing bed stays for long-term care services, provided, however, that psychiatric and rehabilitation inpatient days shall be excluded regardless of whether the stay was in a distinct-part unit. The department may exclude or include other claims and services as may be determined during the development of the payment methodology. +(C) Implementation of the new payment methodology shall be coordinated with the development and implementation of the replacement Medicaid Management Information System pursuant to the contract entered into pursuant to Section 14104.3, effective on May 3, 2010. +(2) The department shall evaluate alternative diagnosis-related group algorithms for the new Medi-Cal reimbursement system for the hospitals to which paragraph (1) applies. The evaluation shall include, but not be limited to, consideration of all of the following factors: +(A) The basis for determining diagnosis-related group base price, and whether different base prices should be used taking into account factors such as geographic location, hospital size, teaching status, the local hospital wage area index, and any other variables that may be relevant. +(B) Classification of patients based on appropriate acuity classification systems. +(C) Hospital case mix factors. +(D) Geographic or regional differences in the cost of operating facilities and providing care. +(E) Payment models based on diagnosis-related groups used in other states. +(F) Frequency of +grouper +group +updates for the diagnosis-related groups. +(G) The extent to which the particular grouping algorithm for the diagnosis-related groups accommodates ICD-10 diagnosis and procedure codes, and applicable requirements of the federal Health Insurance Portability and Accountability Act of +1996. +1996 (Public Law 104-191). +(H) The basis for calculating relative weights for the various diagnosis-related groups. +(I) Whether policy adjusters should be used, for which care categories they should be used, and the frequency of updates to the policy adjusters. +(J) The extent to which the payment system is budget neutral and can be expected to result in state budget savings in future years. +(K) Other factors that may be relevant to determining payments, including, but not limited to, add-on payments, outlier payments, capital payments, payments for medical education, payments in the case of early transfers of patients, and payments based on performance and quality of care. +(c) The department shall submit to the Legislature a status report on the implementation of this section on April 1, 2011, April 1, 2012, April 1, 2013, and April 1, 2014. +(d) The alternatives for a new system described in paragraph (2) of subdivision (b) shall be developed in consultation with recognized experts with experience in hospital reimbursement, economists, the federal Centers for Medicare and Medicaid Services, and other interested parties. +(e) In implementing this section, the department may contract, as necessary, on a bid or nonbid basis, for professional consulting services from nationally recognized higher education and research institutions, or other qualified individuals and entities not associated with a particular hospital or hospital group, with demonstrated expertise in hospital reimbursement systems. The rate setting system described in subdivision (b) shall be developed with all possible expediency. This subdivision establishes an accelerated process for issuing contracts pursuant to this section and contracts entered into pursuant to this subdivision shall be exempt from the requirements of Chapter 1 (commencing with Section 10100) and Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. +(f) (1) The department may adopt emergency regulations to implement the provisions of this section in accordance with rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The initial adoption of emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Initial emergency regulations and the one readoption of those regulations shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of those regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations. +(2) As an alternative to paragraph (1), and notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, or any other law, the department may implement and administer this section by means of provider bulletins, all-county letters, manuals, or other similar instructions, without taking regulatory action. The department shall notify the fiscal and appropriate policy committees of the Legislature of its intent to issue a provider bulletin, all-county letter, manual, or other similar instruction, at least five days prior to issuance. In addition, the department shall provide a copy of any provider bulletin, all-county letter, manual, or other similar instruction issued under this paragraph to the fiscal and appropriate policy committees of the Legislature. +SEC. 2. +Section 14105.194 is added to the Welfare and Institutions Code, to read: +14105.194. +(a) Notwithstanding Sections 14105.07, 14105.191, 14105.192, and 14105.193, payments to providers for dates of service on or after June 1, 2011, shall be determined without application of the reductions in Sections 14105.07, 14105.191, 14105.192, and 14105.193, except as otherwise provided in this section. +(b) Notwithstanding Sections 14105.07 and 14105.192, and except as otherwise provided in this section, for managed care health plans that contract with the department pursuant to this chapter or Chapter 8 (commencing with Section 14200), payments for dates of service following the effective date of the act adding this section shall be determined without application of the reductions, limitations, and adjustments in Sections 14105.07 and 14105.192. +(c) The director shall implement this section to the maximum extent permitted by federal law and for the maximum time period for which the director obtains federal approval for federal financial participation for the payments provided for in this section. +(d) The director shall promptly seek all necessary federal approvals to implement this section. +SEC. 3. +Section 14105.196 is added to the Welfare and Institutions Code, to read: +14105.196. +(a) It is the intent of the Legislature to: +(1) Maintain the increased reimbursement rates for primary care providers in the Medi-Cal program upon expiration of the temporary increase provided for under Chapter 23 of the Statutes of 2012, as amended by Chapter 438 of the Statutes of 2012, in order to ensure adequate access to these providers. +(2) Increase reimbursement rates for other Medi-Cal providers to the amounts reimbursed by the federal Medicare program in order to ensure access to medically necessary health care services, and to comply with federal Medicaid requirements that care and services are available to Medi-Cal enrollees at least to the extent that care and services are available to the general population in the geographic area. +(3) Increase reimbursement rates for Denti-Cal providers to the equivalent rate of the percentage increase for other Medi-Cal providers to the amounts reimbursed by the federal Medicare program in order to ensure access to medically necessary dental services, and to comply with federal Medicaid requirements that care and services are available to Medi-Cal enrollees at least to the extent that care and services are available to the general population in the geographic area. +(b) (1) (A) Commencing January 1, 2016, payments for medical care services rendered by fee-for-service Medi-Cal +providers, including dental providers, +providers +shall not be less than 100 percent of the payment rate that applies to those services as established by the Medicare program for services rendered by fee-for-service providers. +(B) Commencing January 1, 2016, rates paid to Medi-Cal managed care plans shall be actuarially equivalent to the payment rates established under the Medicare program. +(C) Commencing January 1, 2016, rates paid to Denti-Cal providers for dental services reimbursed under the Denti-Cal program for services provided to adults and children shall be increased by the equivalent percentage as the percentage increase required under subparagraph (A). +(2) This subdivision shall be implemented only to the extent permitted by federal law and regulations. +(c) Notwithstanding any other law, to the extent permitted by federal law and regulations, the payments for medical care services made pursuant to this section shall be exempt from the payment reductions under Sections 14105.191 and 14105.192. +(d) Payment increases made pursuant to this section shall not apply to provider rates of payment described in Section 14105.18 for services provided to individuals not eligible for Medi-Cal or the Family Planning, Access, +Care +Care, +and Treatment (Family PACT) Program. +(e) For purposes of this section, “medical care services” means the services identified in subdivisions (a), (h), (i), (j), (n), (q), +(t), (v), +and (w) of Section +14132, and adult dental benefits provided pursuant to Section 14131.10. +14132. +(f) Notwithstanding any other law, the department shall implement the payment increase required by this section to managed care health plans that contract pursuant to Chapter 8.75 (commencing with Section 14591) and to contracts with the Senior Care Action Network and the AIDS Healthcare Foundation in the following manner, to the extent that the services are provided through any of these contracts, payments by the department to managed care health plans shall be increased by the actuarially equivalent amount of the payment increases pursuant to contract amendments or change orders effective on or after January 1, 2016. +(g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall implement, clarify, make specific, and define the provisions of this section by means of provider bulletins or similar instructions, without taking regulatory action until the time regulations are adopted. The department shall adopt regulations by July 1, 2018, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Beginning July 1, 2016, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted. +(h) This section shall be implemented only if and to the extent that federal financial participation is available and any necessary federal approvals have been obtained. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to ensure, at the earliest possible time, access to medically necessary care for Medi-Cal beneficiaries, it is necessary that this act take effect immediately.","(1) Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified, low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing law requires the department to develop and implement a Medi-Cal inpatient hospital reimbursement payment methodology based on diagnosis-related groups, subject to federal approval, that reflects the costs and staffing levels associated with quality of care for patients in all general acute care hospitals, as specified. Existing law generally requires the diagnosis-related group-based payments to apply to all claims. +This bill would require claims for payments pursuant to the inpatient hospital reimbursement methodology described above to be increased by +16 percent +16% +for the 2015–16 fiscal year, and would require, commencing July 1, 2016, and annually thereafter, the department to increase each diagnosis-related group payment claim amount based, at a minimum, on increases in the medical component of the California Consumer Price Index. Commencing with the 2015–16 fiscal year, and annually thereafter, the bill would require managed care rates for Medi-Cal managed care health plans to be increased by a proportionately equal amount for increased payments for hospital services. +(2) Existing law requires, except as otherwise provided, Medi-Cal provider payments to be reduced by 1% or 5%, and provider payments for specified non-Medi-Cal programs to be reduced by 1%, for dates of service on and after March 1, 2009, and until June 1, 2011. Existing law requires, except as otherwise provided, Medi-Cal provider payments and payments for specified non-Medi-Cal programs to be reduced by 10% for dates of service on and after June 1, 2011. +This bill would, instead, prohibit the application of those reductions for payments to providers for dates of service on or after June 1, 2011. The bill would also require payments for managed care health plans for dates of service following the effective date of the bill to be determined without application of some of those reductions. The bill would require the Director of Health Care Services to implement this provision to the maximum extent permitted by federal law and for the maximum time period for which the director obtains federal approval for federal financial participation for those payments. +(3) Prior law required, beginning January 1, 2013, through and including December 31, 2014, that payments for primary care services provided by specified physicians be no less than 100% of the payment rate that applies to those services and physicians as established by the Medicare program, for both fee-for-service and managed care plans. +This bill, commencing January 1, 2016, would +require, only to the extent permitted by federal law and that federal financial participation is available, +require +payments for specified medical care services to not be less than 100% of the payment rate that applies to those services as established by the Medicare program for services rendered by fee-for-service providers, and would require rates paid to Medi-Cal managed care plans to be actuarially equivalent to payment rates established by the Medicare program. +The bill, commencing January 1, 2016, would require rates paid to Denti-Cal providers for dental services provided to adults and children to be increased by the equivalent percentage as the percentage increase required for other fee-for-service Medi-Cal providers. The bill would require those provisions to be implemented only to the extent permitted by federal law and that federal financial participation is available. +The bill would authorize the department to implement those provisions through provider bulletins without taking regulatory action until regulations are adopted, and would require the department to adopt those regulations by July 1, 2018. The bill would require, commencing July 1, 2016, the department to provide a status report to the Legislature on a semiannual basis until regulations have been adopted. +(4) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 14105.28 of, and to add Sections 14105.194 and 14105.196 to, the Welfare and Institutions Code, relating to +Medi-Cal +Medi-Cal, +and declaring the urgency thereof, to take effect immediately." +60,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 798.88 of the Civil Code, as amended by Section 1 of Chapter 99 of the Statutes of 2012, is amended to read: +798.88. +(a) In addition to any right under Article 6 (commencing with Section 798.55) to terminate the tenancy of a homeowner, any person in violation of a reasonable rule or regulation of a mobilehome park may be enjoined from the violation as provided in this section. +(b) A petition for an order enjoining a continuing or recurring violation of any reasonable rule or regulation of a mobilehome park may be filed by the management thereof within the limited jurisdiction of the superior court of the county in which the mobilehome park is located. At the time of filing the petition, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527 of the Code of Civil Procedure. A temporary order restraining the violation may be granted, with notice, upon the petitioner’s affidavit showing to the satisfaction of the court reasonable proof of a continuing or recurring violation of a rule or regulation of the mobilehome park by the named homeowner or resident and that great or irreparable harm would result to the management or other homeowners or residents of the park from continuance or recurrence of the violation. +(c) A temporary restraining order granted pursuant to this subdivision shall be personally served upon the respondent homeowner or resident with the petition for injunction and notice of hearing thereon. The restraining order shall remain in effect for a period not to exceed 15 days, except as modified or sooner terminated by the court. +(d) Within 15 days of filing the petition for an injunction, a hearing shall be held thereon. If the court, by clear and convincing evidence, finds the existence of a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park, the court shall issue an injunction prohibiting the violation. The duration of the injunction shall not exceed three years. +(e) However, not more than three months prior to the expiration of an injunction issued pursuant to this section, the management of the mobilehome park may petition under this section for a new injunction where there has been recurring or continuous violation of the injunction or there is a threat of future violation of the mobilehome park’s rules upon termination of the injunction. +(f) Nothing shall preclude a party to an action under this section from appearing through legal counsel or in propria persona. +(g) The remedy provided by this section is nonexclusive and nothing in this section shall be construed to preclude or limit any rights the management of a mobilehome park may have to terminate a tenancy. +SEC. 2. +Section 798.88 of the Civil Code, as added by Section 2 of Chapter 99 of the Statutes of 2012, is repealed. +SEC. 3. +Section 85 of the Code of Civil Procedure, as amended by Section 3 of Chapter 99 of the Statutes of 2012, is amended to read: +85. +An action or special proceeding shall be treated as a limited civil case if all of the following conditions are satisfied, and, notwithstanding any statute that classifies an action or special proceeding as a limited civil case, an action or special proceeding shall not be treated as a limited civil case unless all of the following conditions are satisfied: +(a) The amount in controversy does not exceed twenty-five thousand dollars ($25,000). As used in this section, “amount in controversy” means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the lien, that is in controversy in the action, exclusive of attorneys’ fees, interest, and costs. +(b) The relief sought is a type that may be granted in a limited civil case. +(c) The relief sought, whether in the complaint, a cross-complaint, or otherwise, is exclusively of a type described in one or more statutes that classify an action or special proceeding as a limited civil case or that provide that an action or special proceeding is within the original jurisdiction of the municipal court, including, but not limited to, the following provisions: +(1) Section 798.61 or 798.88 of the Civil Code. +(2) Section 1719 of the Civil Code. +(3) Section 3342.5 of the Civil Code. +(4) Section 86. +(5) Section 86.1. +(6) Section 1710.20. +(7) Section 7581 of the Food and Agricultural Code. +(8) Section 12647 of the Food and Agricultural Code. +(9) Section 27601 of the Food and Agricultural Code. +(10) Section 31503 of the Food and Agricultural Code. +(11) Section 31621 of the Food and Agricultural Code. +(12) Section 52514 of the Food and Agricultural Code. +(13) Section 53564 of the Food and Agricultural Code. +(14) Section 53069.4 of the Government Code. +(15) Section 53075.6 of the Government Code. +(16) Section 53075.61 of the Government Code. +(17) Section 5411.5 of the Public Utilities Code. +(18) Section 9872.1 of the Vehicle Code. +(19) Section 10751 of the Vehicle Code. +(20) Section 14607.6 of the Vehicle Code. +(21) Section 40230 of the Vehicle Code. +(22) Section 40256 of the Vehicle Code. +SEC. 4. +Section 85 of the Code of Civil Procedure, as added by Section 4 of Chapter 99 of the Statutes of 2012, is repealed.","The Mobilehome Residency Law authorizes the management of a mobilehome park to, until January 1, 2016, file a petition for an order to enjoin a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park within the limited jurisdiction of the superior court of the county in which the mobilehome community is located. Existing law, until January 1, 2016, treats these actions for injunctive relief as a limited civil case. +This bill would extend the operation of these provisions indefinitely.","An act to amend and repeal Section 798.88 of the Civil Code, and to amend and repeal Section 85 of the Code of Civil Procedure, relating to mobilehomes." +61,"The people of the State of California do enact as follows: + + +SECTION 1. +Part 4.5 (commencing with Section 71350) is added to Division 34 of the Public Resources Code, to read: +PART 4.5. Integrated Climate Adaptation and Resiliency Program +71350. +For purposes of this part, “office” means the Office of Planning and Research. +71352. +The Legislature finds and declares: +(a) The state has been a leader in climate mitigation efforts to reduce greenhouse gas emissions. Now, and in the coming years, it is critical for California and the global community to continue and intensify those efforts in order to avoid the most severe impacts from a changing climate. However, because the global climate system changes slowly, impacts are ongoing and will inevitably worsen. In order to address the challenges posed by a changing climate, the state must invest in building resiliency and strengthening adaptation efforts at the state, regional, and local levels using the best-available science. +(b) A principle of the state’s adaptation strategy document, Safeguarding California, is to prioritize actions that not only reduce greenhouse gas emissions, but also help the state prepare for climate change impacts. Improved coordination, implementation, and integration of adaptation planning efforts and funding in the state’s climate policies can directly protect the state’s infrastructure, communities, environmental quality, public health, safety and security, natural resources, and economy from the unavoidable impacts of climate change for decades to come. +(c) In order to have a cohesive and comprehensive response to climate change impacts, the state must have integrated planning with coordinated strategies across state, regional, and local governments and agencies. +(d) The office is established as the comprehensive state planning agency that shall engage in the formulation, evaluation, and updating of long-range goals for factors that shape statewide development patterns and significantly influence the quality of the state’s environment, in addition to assisting state, regional, and local agencies in a variety of research and planning efforts, pursuant to Section 65040 of the Government Code. Therefore, the office is well-positioned to work with regional and local entities across the state, coordinating with state climate adaptation strategies. +(e) It is the intent of the Legislature, therefore, that adaptation strategies to build resiliency to the risks and impacts from climate change be integrated in state policies, projects, and permitting processes, and that the office serve as a coordinating body for adaptation projects and goals across California. +71354. +The Integrated Climate Adaptation and Resiliency Program is hereby established to be administered by the office. No later than January 1, 2017, the Director of State Planning and Research shall establish the program to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change with, to the extent feasible, an emphasis on climate equity considerations across sectors and regions and strategies that benefit both greenhouse gas emissions reductions and adaptation efforts, in order to facilitate the development of holistic, complimentary strategies for adapting to climate change impacts. In order to achieve these goals, the program shall include, but not be limited to, all of the following: +(a) Working with and coordinating local and regional efforts for climate adaptation and resilience, including, but not limited to, the following: +(1) Developing tools and guidance. +(2) Promoting and coordinating state agency support for local and regional efforts. +(3) Informing state-led programs, including state planning processes, grant programs, and guideline development, to better reflect the goals, efforts, and challenges faced by local and regional entities pursuing adaptation, preparedness, and resilience. This should occur through regular coordination between the office, the Climate Action Team, which was established by Executive Order S-3-05, the Strategic Growth Council, and other state agencies, including, but not limited to, the Office of Emergency Services, the California Environmental Protection Agency, the Natural Resources Agency, the Transportation Agency, the State Department of Public Health, and the Department of Food and Agriculture. +(b) Assisting the Office of Emergency Services and other relevant state agencies with coordinating regular reviews and updates, as needed, to the Adaptation Planning Guide, pursuant to Section 71356, and maintaining a copy of the guide, or an electronic link to a copy of the guide posted, at a minimum, on the state’s Climate Change Portal and the office’s Internet Web site. +(c) Coordinating and maintaining the state’s clearinghouse for climate adaptation information, pursuant to Section 71360. +(d) Conducting regular meetings with the advisory council established pursuant to Section 71358 in order to have technical support, as well as expertise and advice from regional and local experts working in climate adaptation throughout the research and planning processes, as described in this section. +71356. +(a) Within one year of an update to the Safeguarding California Plan, the Office of Emergency Services, in coordination with the Natural Resources Agency, the office, and relevant public and private entities, shall review and update, as necessary, the Adaptation Planning Guide to provide tools and guidance to regional and local governments and agencies in creating and implementing climate adaptation and community resiliency plans and projects. An Adaptation Planning Guide update shall be informed by the climate adaptation clearinghouse established pursuant to Section 71360 and the scientific assessments and recommendations in the most recent update of the Safeguarding California Plan. An Adaptation Planning Guide update shall consider the nexus between climate adaptation, community resiliency, public safety, and security, provide information and planning support for assessing climate vulnerabilities across impact sectors and regions and developing adaptation strategies that can be tailored to meet local needs, and include, at a minimum, all of the following: +(1) Guidance for coordinating adaptation planning activities among state and local governments and regional collaboratives. +(2) Adaptation planning guidance and strategies for natural hazards exacerbated by climate change. +(3) Guidance for conducting vulnerability assessments and identifying risk reduction strategies for communities. +(4) Identification of climate impact regions and descriptions of climate impacts to be considered for each region. +(5) Assistance with the interpretation of climate science as it relates to local and regional impacts. +(b) As part of updating the Adaptation Planning Guide, the Office of Emergency Services, in consultation with the office and, as needed, with the advisory council created pursuant to Section 71358, shall hold public meetings in the northern, southern, and central regions of the state to obtain input from the public and leaders in local and regional climate preparedness. +71358. +(a) An advisory council to the office is hereby established. The advisory council shall be comprised of members from a range of disciplines, in order to provide scientific and technical support, and from regional and local governments and entities. The advisory council shall support the office’s goals, as identified in this part, to facilitate coordination among state, regional, and local agency efforts to adapt to the impacts of climate change. +(b) Members of the advisory council shall have expertise in the intersection of climate change and areas that include, but need not be limited to, any of the following: +(1) Public health. +(2) Environmental quality. +(3) Environmental justice. +(4) Agriculture. +(5) Transportation and housing. +(6) Energy. +(7) Natural resources and water. +(8) Planning. +(9) Recycling and waste management. +(10) Local or regional government. +(11) Tribal issues. +(12) Emergency services and public safety. +(c) The advisory council shall meet with the office as needed, but not less than three times a year. +71360. +(a) (1) The office shall coordinate with appropriate entities, including state, regional, or local agencies, to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities. +(2) The clearinghouse shall be a centralized source of information that provides available climate data to guide decisionmakers at state, regional, and local levels when planning for and implementing climate adaptation projects to promote resiliency to climate change. The clearinghouse may include, but is not limited to, any of the following: +(A) A collection of the best-available resources that may include projections and models, vulnerability assessments, and downscaled data for climate change impacts throughout the state, when available, at statewide, regional, and local levels for both near-term and longer term timescales, including year 2050 and year 2100 projections. Climate change impacts may include, but are not limited to, impacts to public health, natural resources, environmental quality, and infrastructure. +(B) Tools that allow for the visualization or identification of regional and local impacts across the state and that integrate best-available data on vulnerable populations and infrastructure. +(C) A library of relevant white papers, case studies, research articles, and climate adaptation best practices that are searchable by relevance to region, locality, and sector. +(D) Information concerning funding opportunities for adaptation research, planning, and projects. +(E) Regionally prioritized best-practice adaptation projects that, as appropriate, integrate efforts to reduce greenhouse gas emissions across the state. +(b) The clearinghouse shall be regularly updated. +SEC. 2. +The Legislature finds that because the Strategic Growth Council consists primarily of the Governor’s cabinet members and because the council is designed to facilitate communication, coordinate policy outcomes, and improve efficiencies among member agencies and departments, informal discussion and interaction between and among agency secretaries and their staff should be encouraged and is a normal function of government. +SEC. 3. +Section 75123 of the Public Resources Code is amended to read: +75123. +(a) A meeting of the council, including a meeting related to the development of grant guidelines and policies and the approval of grants, shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), except that, for purposes of this section, “meeting” shall not include a meeting at which: +(1) Council members are meeting as members of the Governor’s cabinet. +(2) Council staff and member agency staff are meeting to discuss, but not take final action on, any of the following: +(A) State agency coordination to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, revitalize urban and community centers in a sustainable manner, and other priorities specified in subdivision (a) of Section 75125. +(B) Preliminary policy recommendations and investment strategies to the Governor, the Legislature, and appropriate state agencies to encourage the development of sustainable communities, as set forth in subdivision (b) of Section 75125. +(C) Developing grant guidelines, such as those specified in Section 75125, that are otherwise subject to public participation process requirements. +(b) The council may sponsor conferences, symposia, and other public forums, to seek a broad range of public advice regarding local, regional, and natural resource planning, sustainable development, and strategies to reduce and mitigate climate change.","(1) The Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. The act requires all state agencies to consider and implement strategies to reduce their greenhouse gas emissions. An executive order establishes a climate action team consisting of specified ex officio members and requires the team to make a specified biannual report to the Legislature and Governor. +This bill would establish the Integrated Climate Adaptation and Resiliency Program to be administered by the Office of Planning and Research to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change, as specified. The bill also would require, within one year of an update to the Safeguarding California Plan, the Office of Emergency Services, in coordination with the Natural Resources Agency, the Office of Planning and Research, and relevant public and private entities, to review and update, as necessary, the Adaptation Planning Guide, as specified. The bill would establish an advisory council, as specified, to support the goals of the Office of Planning and Research as identified by the bill. The bill would require the Office of Planning and Research to establish a clearinghouse for climate adaptation information, as specified. +(2) The Bagley-Keene Open Meeting Act, with specified exceptions, requires that meetings of a state body be open and public and that all persons be permitted to attend. +Existing law establishes the Strategic Growth Council and requires the council, among other things, to identify and review the activities and funding programs of member state agencies that may be coordinated to improve air and water quality. Existing law also requires the council’s meetings be open to the public and subject to the Bagley-Keene Open Meeting Act. +This bill would specify certain council meetings that are not subject to the Bagley-Keene Open Meeting Act.","An act to amend Section 75123 of, and to add Part 4.5 (commencing with Section 71350) to Division 34 of, the Public Resources Code, relating to environmental protection." +62,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Each year, more than 45,000,000 personal vehicle passengers and 15,000,000 pedestrians enter the state from Mexico. +(b) Border crossers have an economic impact on the state, accounting annually for $4,005,000,000 in economic benefits and 67,000 jobs. +(c) Border wait times during peak hours average 120 minutes on weekdays and even longer on weekends. +(d) More than 8,000,000 trips are lost due to congestion each year in the San Ysidro Port of Entry, the busiest port of entry in the world. +(e) In the San Diego region alone, this translates into a revenue loss of nearly $1,003,000,000, 3,000,000 potential working hours, 35,000 jobs, and $42,000,000 in wages. +(f) It is estimated that border wait times will significantly increase in the future and an additional 15 minutes in border wait times will affect productivity in the binational border region by an additional $1,000,000,000 in costs and a loss of 134,000 jobs. +(g) Because border wait times impede international travel, trade, and commerce, the Legislature must act to protect California’s jobs and economy. +(h) After the 9/11 attacks, the federal government enacted the federal Western Hemisphere Travel Initiative (WHTI) (Public Law 110-53 and Public Law 108-458), to facilitate entry for United States citizens and legitimate foreign visitors, while strengthening United States border security, by requiring United States and Canadian travelers to present a passport or other documents that denote identity and citizenship when entering the United States. The documentation requirements of the WHTI went into effect in 2007 for air travel into the United States and in 2009 for land and sea travel. +(i) In addition to a passport and other documents, the federal government approved, for cross-border travel, the use of an enhanced driver’s license (EDL), which is a standard state-issued driver’s license that has been enhanced in process, technology, and security to denote identity and citizenship for purposes of entering the United States at the land and sea ports of entry. An EDL contains radio frequency identification (RFID) technology, which allows information contained in a wireless device or tag to be read from a distance, and eliminates the need to key in travelers, translating into 60 percent faster processing than manual queries. +(j) Another advantage of an EDL is that it can be used in Ready Lanes, which were created by the United States Customs and Border Protection and are used as primary vehicle lanes dedicated to travelers who possess RFID-enabled travel documents. +(k) The use of an EDL as an RFID-enabled travel document is already in place in the States of Washington, New York, Michigan, and Vermont. +(l) The use of EDLs in the state will open the way for the United States Customs and Border Protection to convert more vehicle lanes into Ready Lanes, which will decrease border wait times by an average of 30 minutes and thus provide a significant, long-term economic benefit to the state, while strengthening border security. +(m) It is the intent of the Legislature that the decision to obtain an enhanced driver’s license is strictly voluntary. To that end, if California enters into a memorandum of understanding with a federal agency for the purposes of obtaining approval to issue an enhanced driver’s license, provisional license, or identification card pursuant to the federal Western Hemisphere Travel Initiative (Public Law 110-53 and Public Law 108-458), it is the intent of the Legislature that an employer shall not require an employee to apply for, or use, an enhanced driver’s license, provisional license, or identification card as a condition of employment, nor shall an employer discharge an employee, or otherwise discriminate or retaliate against an employee who refuses to apply for, or use, an enhanced driver’s license, provisional license, or identification card. +SEC. 2. +Chapter 8 (commencing with Section 15400) is added to Division 6 of the Vehicle Code, to read: +CHAPTER 8. Enhanced Driver’s License and Identification Card +15400. +The department may enter into a memorandum of understanding with a federal agency for the purposes of obtaining approval for the issuance of an enhanced driver’s license, provisional license, or identification card that is acceptable as proof of identity and citizenship pursuant to the federal Western Hemisphere Travel Initiative (Public Law 110-53 and Public Law 108-458). Prior to entering into any memorandum of understanding, the department shall consult with appropriate interested parties, including, but not limited to, business and privacy groups, regarding the issues raised by implementation of this chapter. +15401. +(a) Upon the request of an applicant, the department may issue an initial enhanced driver’s license, provisional license, or identification card to, or renew the enhanced driver’s license, provisional license, or identification card of, a person who satisfies all of the following: +(1) Is 16 years of age or older. +(2) Is a resident of this state. +(3) Is a citizen of the United States. +(b) (1) In addition to other information required pursuant to Chapter 1 (commencing with Section 12500), the applicant shall submit sufficient proof that meets the requirements of the federal Western Hemisphere Travel Initiative (Public Law 110-53 and Public Law 108-458) to establish his or her identity, residency, and citizenship. +(2) The applicant shall certify, under the penalty of perjury, that the information submitted pursuant to paragraph (1) is true and correct to the best of the knowledge of the applicant. +(3) The department shall provide a protective shield at the time the enhanced driver’s license, provisional license, or identification card is issued to the individual, and inform the applicant in writing that the information on the driver’s license, provisional license, or identification card can be read remotely without the holder’s knowledge, if the enhanced driver’s license, provisional license, or identification card is not enclosed in the protective shield. +(4) The applicant shall sign a declaration acknowledging his or her understanding of radio frequency identification technology and the purpose of the protective shield. +(c) The department shall include, in the enhanced driver’s license, provisional license, or identification card, reasonable security measures, including tamper-resistant features to prevent unauthorized duplication or cloning and to protect against unauthorized disclosure of personal information regarding the person who is the subject of the license or card. +(d) The enhanced driver’s license, provisional license, or identification card shall include radio frequency identification technology. The radio frequency identification technology shall contain a randomly assigned number or employ other security measures deemed necessary by the department to make any information on the card unintelligible to an unauthorized reader. In any event, the radio frequency technology shall contain only the information needed to comply with the United States Department of Homeland Security requirements and a machine readable zone or barcode that contains only as much information as is required by the federal Western Hemisphere Travel Initiative (Public Law 110-53 and Public Law 108-458) to permit a border crossing. +(e) An enhanced driver’s license may be suspended, revoked, or restricted pursuant to this code. +15402. +(a) An applicant applying for an initial enhanced driver’s license, provisional license, or identification card, shall have his or her photograph and signature captured or reproduced by the department at the time of application. +(b) All laws related to the privacy or security of a driver’s license, provisional license, or identification document, or a similar document, or regulating the use, access, or sharing of information, apply to enhanced driver’s licenses, provisional licenses, and identification cards. +(c) (1) The department shall examine and verify the genuineness, regularity, and legality of an application and proof submitted to the department for an initial issuance of an enhanced driver’s license, provisional license, or identification card. +(2) The department may require the submission of additional information to establish identity, residency, and citizenship. +(3) The department shall deny an application of an enhanced driver’s license, provisional license, or identification card if the department is not satisfied with the genuineness, regularity, and legality of the application or supporting documentation or the truth of any statement contained in the application or supporting documentation, or for any other reason authorized by law. +(d) The department shall retain copies or digital images of documents provided by the person pursuant to this chapter. +(e) Notwithstanding subdivision (d), and except as required by other law, in the case of the denial of an application for the issuance of an enhanced driver’s license, provisional license, or identification card, the department shall retain the photograph of the applicant and the reason for denial for not less than one year, unless fraud is suspected, in which case the applicant’s photograph and the reason for denial shall be retained for not less than 10 years. +(f) The photograph, signature, copies, and digital image of documents required pursuant to this section are exempt from public disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). +(g) Except as required by federal law, information submitted by an applicant pursuant to this chapter shall not be disclosed to a foreign nation. +15403. +(a) In addition to fees required pursuant to this division, a person requesting the initial issuance or renewal of an enhanced driver’s license, provisional license, or identification card shall submit an additional nonrefundable application fee with the application. The department shall set, by regulation, the application fee in an amount not to exceed the reasonable regulatory cost of issuing or renewing that license or identification card, or fifty-five dollars ($55), whichever is less. +(b) Fees submitted shall be deposited into the Motor Vehicle Account, to be available, upon appropriation by the Legislature, to implement this chapter. +15404. +The department shall submit an annual report in compliance with Section 9795 of the Government Code to the Assembly and Senate Committees on Judiciary, the Senate Committee on Transportation and Housing, and the Assembly Committee on Transportation. The report shall include, but not be limited to, information on the number of enhanced driver’s licenses, provisional licenses, and identification cards issued, the effect on wait times and traffic congestion at points of entry, and whether or not there have been any security or privacy breaches related to the use of the enhanced driver’s licenses, provisional licenses, and identification cards. Information from the federal government that is required to be reported pursuant to this section need only be reported to the extent the information is received from the federal government. +SEC. 3. +The Legislature finds and declares that Section 2 of this act, which adds Section 15402 to the Vehicle Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +The need to protect individual privacy from the public disclosure of private information submitted by an applicant for an enhanced driver’s license, provisional license, or identification card outweighs the interest in the public disclosure of that information. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires the Department of Motor Vehicles, upon proper application, to issue driver’s licenses and identification cards. +The federal Western Hemisphere Travel Initiative facilitates travel within the western hemisphere by authorizing the use of enhanced driver’s licenses and identification cards meeting specified requirements as travel documents. +This bill would authorize the Department of Motor Vehicles to enter into a memorandum of understanding with a federal agency for the purpose of facilitating travel within the western hemisphere pursuant to the federal Western Hemisphere Travel Initiative through the issuance of an enhanced driver’s license, provisional license, or identification card. The bill would authorize the department to issue or renew, upon request, an enhanced driver’s license, provisional license, or identification card for specified persons. The bill would require a person applying for the initial issuance or renewal of an enhanced driver’s license, provisional license, or identification card to submit, under the penalty of perjury, additional proof of identity, residency, and citizenship that satisfies the requirements of the federal Western Hemisphere Travel Initiative. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would require the department to provide a protective shield and to take other specified security measures for the enhanced driver’s license, provisional license, or identification card. +The bill would also require the department to submit an annual report to specified committees of the Legislature on the implementation of the enhanced driver’s license, provisional license, and identification card. The bill would require a person applying for an enhanced driver’s license, provisional license, or identification card to submit an additional application fee. The bill would require the department to set, by regulation, the application fee in an amount not to exceed the reasonable regulatory cost of issuing or renewing the license or identification card, or $55, whichever is less, and to provide specified information to the applicant. The bill would require the fees to be deposited into the Motor Vehicle Account. The bill would, upon appropriation by the Legislature, require those fees to be expended by the department in implementing the above provisions. The bill would prohibit specified information submitted by an applicant for an enhanced driver’s license, provisional license, or identification card from being disclosed by the department, as specified. The bill would make all laws related to the privacy or security of a driver’s license, provisional license, or identification document, or a similar document, or regulating the use, access or sharing of information, applicable to enhanced driver’s licenses, provisional licenses, and identification cards. +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Chapter 8 (commencing with Section 15400) to Division 6 of the Vehicle Code, relating to vehicles." +63,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 48412 of the Education Code is amended to read: +48412. +(a) (1) A person 16 years of age or older, or who has been enrolled in the 10th grade for one academic year or longer, or who will complete one academic year of enrollment in the 10th grade at the end of the semester during which the next regular examination will be conducted, may have his or her proficiency in basic skills taught in public high schools verified according to criteria established by the State Department of Education. +(2) The state board shall award a “certificate of proficiency” to persons who demonstrate that proficiency. The certificate of proficiency shall be equivalent to a high school diploma, and the department shall keep a permanent record of the issuance of all certificates. +(b) (1) The department shall develop standards of competency in basic skills taught in public high schools and shall provide for the administration of examinations prepared by or with the approval of the department to verify competency. Regular examinations shall be held once in the fall semester and once in the spring semester of every academic year on a date, as determined by the department, that will enable notification of examinees and the schools they attend, if any, of the results thereof not later than two weeks prior to the date on which that semester ends in a majority of school districts that maintain high schools. +(2) In addition to regular examinations, the department may, at the discretion of the Superintendent, conduct examinations for all eligible persons once during each summer recess and may conduct examinations at any other time that the Superintendent deems necessary to accommodate eligible persons whose religious convictions or physical handicaps prevent their attending one of the regular examinations. +(c) (1) The department may charge a fee for each examination application in an amount sufficient to recover the costs of administering the requirements of this section. However, the fee shall not exceed an amount equal to the cost of test renewal and administration per examination application. All fees levied and collected pursuant to this section shall be deposited in the State Treasury for remittance to the current support appropriation of the department as reimbursement for costs of administering this section. Any reimbursements collected in excess of actual costs of administration of this section shall be transferred to the unappropriated surplus of the General Fund by order of the Director of Finance. +(2) The department shall not charge the fee to an examinee who meets all of the following criteria: +(A) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). +(B) The examinee has not attained 25 years of age as of the date of the scheduled examination. +(C) The examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this subparagraph. +(3) For purposes of this subdivision, a “homeless services provider” includes either of the following: +(A) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. +(B) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department. +(4) The loss of fees pursuant to paragraph (2), if any, shall be deemed to be a cost of administering this section for purposes of paragraph (1). +(d) (1) The state board shall adopt rules and regulations as are necessary for implementation of this section. +(2) Notwithstanding paragraph (1), the state board shall adopt emergency regulations, as necessary, to implement the provisions of subdivision (c), as amended by the act that added this paragraph. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. +(e) The department shall periodically review the effectiveness of the examinations administered pursuant to this section. The costs of this review may be recovered through the fees levied pursuant to subdivision (c). +(f) (1) On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following: +(A) The number of homeless youth that took a high school proficiency test in each of the 2016, 2017, and 2018 calendar years. +(B) The impact of the opportunity to take a high school proficiency test at no cost on the number and percentage of homeless youth taking a high school proficiency test. +(C) The estimated number of homeless youth who may take a high school proficiency test in future years. +(D) Recommendations for a permanent funding source to cover the cost of the waived fees. +(E) The annual and projected administrative cost to the department. +(F) The annual and projected reimbursement to contractors pursuant to this section. +(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code. +(g) Additional state funds shall not be appropriated for purposes of implementing paragraph (2) of subdivision (c). +SEC. 2. +Section 51421 of the Education Code is amended to read: +51421. +(a) The Superintendent may charge a one-time only fee, established by the state board, to be submitted by an examinee when registering for the test sufficient in an amount not greater than the amount required to pay the cost of administering this article, including costs related to subdivision (b), and for the cost of providing services related to the completion of the general educational development test. The amount of each fee may not exceed twenty dollars ($20) per person. +(b) The examinee shall be responsible for submitting to the Superintendent both of the following requests: +(1) A request for a duplicate copy of the high school equivalency certificate. +(2) A request to forward a report of the results of a general educational development test to a postsecondary educational institution. +SEC. 3. +Section 51421.5 is added to the Education Code, to read: +51421.5. +(a) If, for purposes of this article, a contractor or testing center charges an examinee its own separate fee, the contractor or testing center shall not charge that fee to an examinee who meets all of the following criteria: +(1) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). +(2) The examinee has not attained 25 years of age as of the date of the scheduled examination. +(3) The examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this paragraph. +(b) For purposes of this section, a “homeless services provider” includes either of the following: +(1) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. +(2) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department. +(c) Additional state funds shall not be appropriated for purposes of implementing this section. +(d) Notwithstanding subdivision (c), the Superintendent may use surplus funds in the Special Deposit Fund Account, established pursuant to Section 51427, to reimburse contractors for the loss of fees, if any, pursuant to this section. A contract executed by the department for the provision of examinations pursuant to Section 51421 or this section shall require that any contracting party accept all examinees, including those entitled to a fee waiver pursuant to this section. For purposes of this subdivision, “surplus funds” are funds remaining after the costs permitted by subdivision (a) of Section 51421 are paid. +(e) On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following: +(A) The number of homeless youth that took a high school equivalency test in each of the 2016, 2017, and 2018 calendar years. +(B) The impact of the opportunity to take a high school equivalency test at no cost on the number and percentage of homeless youth taking a high school equivalency test. +(C) The estimated number of homeless youth who may take a high school equivalency test in future years. +(D) Recommendations for a permanent funding source to cover the cost of the waived fees. +(E) The annual and projected administrative cost to the department. +(F) The annual and projected reimbursement to the contractor pursuant to this section. +(f) The Superintendent shall adopt emergency regulations, as necessary, to implement this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. +(g) The department shall include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver pursuant to this section shall be absorbed by the contractor. +(h) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2020, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 4. +Section 51421.5 is added to the Education Code, to read: +51421.5. +(a) If, for purposes of this article, a contractor or testing center charges an examinee its own separate fee, the contractor or testing center shall not charge that fee to an examinee who meets all of the following criteria: +(1) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). +(2) The examinee has not attained 25 years of age as of the date of the scheduled examination. +(3) The examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this paragraph. +(b) For purposes of this section, a “homeless services provider” includes either of the following: +(1) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. +(2) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department. +(c) Additional state funds shall not be appropriated for purposes of implementing this section. +(d) The Superintendent shall adopt emergency regulations, as necessary, to implement this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. +(e) The department shall include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver pursuant to this section shall be absorbed by the contractor. +(f) This section shall become operative on July 1, 2019.","(1) Existing law authorizes certain persons, including, among others, any person 16 years of age or older, to have his or her proficiency in basic skills taught in public high schools verified according to criteria established by the State Department of Education. Existing law requires the State Board of Education to award a certificate of proficiency to persons who demonstrate that proficiency. Existing law requires the department to develop standards of competency in basic skills taught in public high schools and to provide for the administration of examinations prepared by, or with the approval of, the department to verify competency. Existing law authorizes the department to charge a fee for each examination application in an amount sufficient to recover the costs of administering the requirements of these provisions, but prohibits the fee from exceeding an amount equal to the cost of test renewal and administration per examination application. +This bill would prohibit the department from charging the fee to a homeless child or youth who is under 25 years of age and can verify his or her status as a homeless child or youth. The bill would authorize a homeless services provider, as defined, that has knowledge of the examinee’s housing status to verify the examinee’s status for purposes of these provisions. The bill would provide that no additional state funds shall be appropriated for purposes of implementing the above provisions. The bill would authorize the state board to adopt emergency regulations for purposes of these provisions. +(2) Existing law separately requires the Superintendent of Public Instruction to issue a high school equivalency certificate and an official score report, or an official score report only, to a person who has not completed high school and who meets specified requirements, including, among others, having taken all or a portion of a general education development test that has been approved by the state board and administered by a testing center approved by the department, with a score determined by the state board to be equal to the standard of performance expected from high school graduates. Existing law authorizes the Superintendent to charge an examinee a one-time fee to pay costs related to administering these provisions and issuing a certificate, as specified. Existing law limits the amount of the fee to $20 per person and requires each scoring contractor to forward that fee to the Superintendent. +This bill would, for purposes of those provisions, prohibit a contractor or testing center that charges its own separate fee from charging that separate fee to a homeless child or youth who is under 25 years of age and can verify his or her status as a homeless child or youth. The bill would authorize a homeless services provider, as defined, that has knowledge of the examinee’s housing status to verify the examinee’s status for purposes of these provisions. The bill would provide that no additional state funds shall be appropriated for purposes of implementing these provisions, and would authorize the Superintendent to adopt emergency regulations for purposes of these provisions. +(3) Existing law establishes in the State Treasury a Special Deposit Fund Account, which consists of certain fees, and is continuously appropriated for the support of the department to be used for purposes of the provisions above relating to high school equivalency tests. +This bill would authorize the Superintendent, until July 1, 2019, to use surplus funds, as defined, in the Special Deposit Fund Account to reimburse contractors for the loss of fees, if any, pursuant to provisions above relating to high school equivalency tests. By authorizing the expenditure of money in a continuously appropriated fund for a new purpose, this bill would make an appropriation. The bill would require a contract executed by the department for the provision of those tests to require a contracting party to accept all examinees, including those entitled to a fee waiver pursuant to those provisions. The bill also would require the department to include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver shall be absorbed by the contractor. +(4) This bill also would require the department, on or before December 1, 2018, to submit 2 reports to the appropriate policy and fiscal committees of the Legislature, one relating to high school proficiency tests, and one relating to high school equivalency tests, that each include, among other things, the number of homeless youth that took a high school proficiency or equivalency test in each of the 2016, 2017, and 2018 calendar years, and the impact of the opportunity to take a high school proficiency or equivalency test at no cost on the number and percentage of homeless youth taking a high school proficiency or equivalency test.","An act to amend Sections 48412 and 51421 of, and to add and repeal Section 51421.5 to, the Education Code, relating to pupils, and making an appropriation therefor." +64,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known and may be cited as the Overturn Citizens United Act. +SEC. 2. +The Legislature finds and declares all of the following: +(a) The United States Constitution and the Bill of Rights are intended to protect the rights of individual human beings. +(b) Corporations are not mentioned in the United States Constitution, nor have we decreed that corporations have rights separate from “We the People.” +(c) In Connecticut General Life Insurance Company v. Johnson (1938) 303 U.S. 77, United States Supreme Court Justice Hugo Black stated in his dissent, “I do not believe the word ‘person’ in the Fourteenth Amendment includes corporations.” +(d) In Austin v. Michigan Chamber of Commerce (1990) 494 U.S. 652, the United States Supreme Court recognized the threat to a republican form of government posed by “the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public’s support for the corporation’s political ideas.” +(e) In Citizens United v. Federal Election Commission (2010) 558 U.S. 310, the United States Supreme Court struck down limits on electioneering communications that were upheld in McConnell v. Federal Election Commission (2003) 540 U.S. 93 and Austin v. Michigan Chamber of Commerce. This decision presents a serious threat to self-government by rolling back previous bans on corporate spending in the electoral process and allows unlimited corporate spending to influence elections, candidate selection, policy decisions, and public debate. +(f) In Citizens United v. Federal Election Commission, Justices John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor noted in their dissent that corporations have special advantages not enjoyed by natural persons, such as limited liability, perpetual life, and favorable treatment of the accumulation and distribution of assets, that allow them to spend huge sums on campaign messages that have little or no correlation with the beliefs held by natural persons. +(g) Corporations have used the artificial rights bestowed on them by the courts to overturn democratically enacted laws that municipal, state, and federal governments passed to curb corporate abuses, thereby impairing local governments’ ability to protect their citizens against corporate harms to the environment, consumers, workers, independent businesses, and local and regional economies. +(h) In Buckley v. Valeo (1976) 424 U.S. 1, the United States Supreme Court held that the appearance of corruption justified some contribution limitations, but it wrongly rejected other fundamental interests that the citizens of California find compelling, such as creating a level playing field and ensuring that all citizens, regardless of wealth, have an opportunity to have their political views heard. +(i) In First National Bank of Boston v. Bellotti (1978) 435 U.S. 765 and Citizens Against Rent Control/Coalition for Fair Housing v. City of Berkeley (1981) 454 U.S. 290, the United States Supreme Court rejected limits on contributions to ballot measure campaigns because it concluded that these contributions posed no threat of candidate corruption. +(j) In Nixon v. Shrink Missouri Government PAC (2000) 528 U.S. 377, United States Supreme Court Justice John Paul Stevens observed in his concurrence that “money is property; it is not speech.” +(k) A February 2010 Washington Post-ABC News poll found that 80 percent of Americans oppose the ruling in Citizens United. +(l) Article V of the United States Constitution empowers and obligates the people of the United States of America to use the constitutional amendment process to correct those egregiously wrong decisions of the United States Supreme Court that go to the heart of our democracy and the republican form of self-government. +(m) Article I of the California Constitution guarantees the right of the people to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good. +(n) The people of California and of the United States have previously used ballot measures as a way of instructing their elected representatives about the express actions they want to see them take on their behalf, including provisions to amend the United States Constitution. +(o) California’s United States Senators and Representatives would benefit from having instructions from California voters about the United States Supreme Court’s ruling in Citizens United and other judicial precedents in taking congressional action. +SEC. 3. +A special election is hereby called to be held throughout the state on November 8, 2016. The special election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used. +SEC. 4. +(a) Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit the following voter instruction to the voters at the November 8, 2016, consolidated election: + + +“Shall California’s elected officials use all of their constitutional authority, including, but not limited to, proposing and ratifying one or more amendments to the United States Constitution, to overturn Citizens United v. Federal Election Commission (2010) 558 U.S. 310, and other applicable judicial precedents, to allow the full regulation or limitation of campaign contributions and spending, to ensure that all citizens, regardless of wealth, may express their views to one another, and to make clear that corporations should not have the same constitutional rights as human beings?” + + +(b) Upon certification of the election, the Secretary of State shall communicate to the Congress of the United States the results of the election asking the question set forth in subdivision (a). +(c) The provisions of the Elections Code that apply to the preparation of ballot measures and ballot materials at a statewide election apply to the measure submitted pursuant to this section. +SEC. 5. +(a) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code or any other law, the Secretary of State shall submit Section 4 of this act to the voters at the November 8, 2016, statewide general election. +(b) Notwithstanding Section 13115 of the Elections Code, Section 4 of this act and any other measure placed on the ballot by the Legislature for the November 8, 2016, statewide general election after the 131-day deadline set forth in Section 9040 of the Elections Code shall be placed on the ballot, following all other ballot measures, in the order in which they qualified as determined by chapter number. +(c) The Secretary of State shall include, in the ballot pamphlets mailed pursuant to Section 9094 of the Elections Code, the information specified in Section 9084 of the Elections Code regarding the ballot measure contained in Section 4 of this act. +SEC. 6. +If the Secretary of State is prohibited from complying with Sections 4 and 5 of this act until after November 8, 2016, by court order pending resolution of an unsuccessful legal challenge to the validity of this act, then the Secretary of State shall submit Section 4 of this act to the voters at the next occurring election. +SEC. 7. +This act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.","This bill would call a special election to be consolidated with the November 8, 2016, statewide general election. The bill would require the Secretary of State to submit to the voters at the November 8, 2016, consolidated election a voter instruction asking whether California’s elected officials should use all of their constitutional authority, including proposing and ratifying one or more amendments to the United States Constitution, to overturn Citizens United v. Federal Election Commission (2010) 558 U.S. 310, and other applicable judicial precedents, as specified. The bill would require the Secretary of State to communicate the results of this election to the Congress of the United States. The bill would require the Secretary of State, if prohibited by court order from submitting the voter instruction to the voters at the November 8, 2016, statewide general election, as specified, to submit the voter instruction to the voters at the next occurring election. +This bill would declare that it is to take effect immediately as an act calling an election.","An act to submit to the voters a voter instruction relating to campaign finance, calling an election, to take effect immediately." +65,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10820 of the Corporations Code is amended to read: +10820. +(a) “Health care service plan,” as used in this section means a corporation that is a health care service plan defined in the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code), other than a corporation that is exempted from that act by subdivision (c) of Section 1343 of the Health and Safety Code. +(b) A health care service plan may be formed under or subject to Part 2 (commencing with Section 5110) of this division or Part 3 (commencing with Section 7110) of this division. +SEC. 2. +Section 1343 of the Health and Safety Code is amended to read: +1343. +(a) This chapter shall apply to health care service plans and specialized health care service plan contracts as defined in subdivisions (f) and (o) of Section 1345. +(b) The director may by the adoption of rules or the issuance of orders deemed necessary and appropriate, either unconditionally or upon specified terms and conditions or for specified periods, exempt from this chapter any class of persons or plan contracts if the director finds the action to be in the public interest and not detrimental to the protection of subscribers, enrollees, or persons regulated under this chapter, and that the regulation of the persons or plan contracts is not essential to the purposes of this chapter. +(c) Upon the request of the Director of Health Care Services, the director may exempt from this chapter any mental health plan contractor or any capitated rate contract under Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code. Those exemptions may be subject to conditions the Director of Health Care Services deems appropriate. +(d) This chapter shall not apply to: +(1) A person organized and operating pursuant to a certificate issued by the Insurance Commissioner unless the entity is directly providing the health care service through those entity-owned or contracting health facilities and providers, in which case this chapter shall apply to the insurer’s plan and to the insurer. +(2) A plan directly operated by a bona fide public or private institution of higher learning which directly provides health care services only to its students, faculty, staff, administration, and their respective dependents. +(3) A person who does all of the following: +(A) Promises to provide care for life or for more than one year in return for a transfer of consideration from, or on behalf of, a person 60 years of age or older. +(B) Has obtained a written license pursuant to Chapter 2 (commencing with Section 1250) or Chapter 3.2 (commencing with Section 1569). +(C) Has obtained a certificate of authority from the State Department of Social Services. +(4) The Major Risk Medical Insurance Board when engaging in activities under Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance Code, Part 6.3 (commencing with Section 12695) of Division 2 of the Insurance Code, and Part 6.5 (commencing with Section 12700) of Division 2 of the Insurance Code. +(5) The California Small Group Reinsurance Fund. +SEC. 3. +Section 101750.5 of the Health and Safety Code is amended to read: +101750.5. +For the purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, the authority shall be considered a public entity separate from the county or counties and shall file the statement required by Section 53051 of the Government Code. +SEC. 4. +Section 14087.95 of the Welfare and Institutions Code is repealed. +SEC. 5. +Section 14087.95 is added to the Welfare and Institutions Code, to read: +14087.95. +A +(a) Subject to subdivision (b), a +county contracting with the department pursuant to this article shall be deemed to be a health care service plan, as defined in Section 1345 of the Health and Safety Code, and shall be subject to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) for the purpose of carrying out those contracts, unless the act expressly provides otherwise. +(b) (1) A county organized health system under subdivision (a) that holds a license under the Knox-Keene Health Care Service Plan Act of 1975 on December 31, 2015, to provide the product described in subdivision (a), shall be subject to this section on and after January 1, 2016. +(2) A county organized health system under subdivision (a) that holds a license under the Knox-Keene Health Care Service Plan Act of 1975 on December 31, 2015, for any product not described in subdivision (a) that is subject to the act, shall be subject to this section on and after January 1, 2017. +(3) +A county organized health system under subdivision (a) that does not hold a license under the Knox-Keene Health Care Service Plan Act of 1975 on December 31, 2015, to provide the product described in subdivision (a) or any other product that is subject to the act, shall be subject to this section on and after July 1, 2017. +SEC. 6. +Section 14499.5 of the Welfare and Institutions Code is amended to read: +14499.5. +(a) (1) In carrying out the intent of this article, the director shall contract for the operation of one local pilot program. Special consideration shall be given to approving a program contracted through county government in Santa Barbara County. +(2) Notwithstanding the limitations contained in Section 14490, the director may enter into, or extend, contracts with the local pilot program in Santa Barbara County pursuant to paragraph (1) for periods that do not exceed three years. +(b) The establishment of a pilot program pursuant to this section shall be contingent upon the availability of state and federal funding. The program shall include the following components: +(1) Local authority for administration, fiscal management, and delivery of services, but not including eligibility determination. +(2) Physician case management. +(3) Cost containment through provider incentives and other means. +(c) The program for the pilot project shall include a plan and budget for delivery of services, administration, and evaluation. During the first year of the pilot program, the amount of the state contract shall equal 95 percent of total projected Medi-Cal expenditures for delivery of services and for administration based on fee-for-service conditions in the program county. During the remaining years of the pilot project Medi-Cal expenditures in the program county shall be no more than 100 percent of total projected expenditures for delivery of services and for administration based on any combination of the following paragraphs: +(1) Relevant prior fee-for-service Medi-Cal experience in the program county. +(2) The fee-for-service Medi-Cal experience in comparable counties or groups of counties. +(3) Medi-Cal experience of the pilot project in the program county if, as determined by the department, the scope, level, and duration of, and expenditures for, any services used in setting the rates under this paragraph would be comparable to fee-for-service conditions were they to exist in the program county and would be more actuarially reliable for use in ratesetting than data available for use in applying paragraph (1) or (2). +The projected total expenditure shall be determined annually according to an acceptable actuarial process. The data elements used by the department shall be shared with the proposed contractor. +(d) The director shall accept or reject the proposal within 30 days after the date of receipt. If a decision is made to reject the proposal, the director shall set forth the reasons for this decision in writing. Upon approval of the proposal, a contract shall be written within 60 days. After signature by the local contractor, the State Department of Health Care Services and the Department of General Services shall execute the contract within 60 days. +(e) The director shall seek the necessary state and federal waivers to enable operation of the program. If the federal waivers for delivery of services under this plan are not granted, the department is under no obligation to contract for implementation of the program. +(f) Dental services may be included within the services provided in this pilot program. +(g) Any federal demonstration funding for this pilot program shall be made available to the county within 60 days upon notification of the award without the state retaining any portion not previously specified in the grant application as submitted. +(h) (1) (A) The department may negotiate exclusive contracts and rates with the Santa Barbara Regional Health Authority in the implementation of this section. +(B) Contracts entered into under this article may be on a noncompetitive bid basis and shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. +(C) The department shall enter into contracts pursuant to this article, and shall be bound by the terms and conditions related to the rates negotiated by the negotiator. +(2) The department shall implement this subdivision to the extent that the following apply: +(A) Its implementation does not revise the status of the pilot program as a federal demonstration project. +(B) Existing federal waivers apply to the pilot program as revised by this subdivision, or the federal government extends the applicability of the existing federal waivers or authorizes additional federal waivers for the implementation of the program. +(3) The implementation of this subdivision shall not affect the pilot program’s having met any of the requirements of Part 3.5 (commencing with Section 1175) of Division 1 of the Health and Safety Code and this division applicable to the pilot program with respect to the negotiations of contracts and rates by the department. +SEC. 7. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. One method by which these services are provided is pursuant to contracts with various types of managed care health plans, including through a county organized health system. +Existing law, the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene), provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. +Existing law provides the California Medical Assistance Commission with the authority to negotiate exclusive contracts with county organized health systems to provide health care services under the Medi-Cal program. Under existing law, the contracting counties are exempt from Knox-Keene for purposes of carrying out those contracts. +This bill would repeal that exemption and +deleted +delete +related exemptions, deem a county contracting with the department under the provisions described above to be a health care service +plan, +plan as of specified dates, +and subject contracting counties to the act for purposes of carrying out those contracts, unless the act expressly provides otherwise. The bill would make conforming changes. +Because a willful violation of Knox-Keene is a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 10820 of the Corporations Code, to amend Sections 1343 and 101750.5 of the Health and Safety Code, and to amend Section 14499.5 of, and to repeal and add Section 14087.95 of, the Welfare and Institutions Code, relating to Medi-Cal." +66,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3051 of the Penal Code is amended to read: +3051. +(a) (1) A youth offender parole hearing is a hearing by the Board of Parole Hearings for the purpose of reviewing the parole suitability of any prisoner who was under 23 years of age at the time of his or her controlling offense. +(2) For the purposes of this section, the following definitions shall apply: +(A) “Incarceration” means detention in a city or county jail, a local juvenile facility, a mental health facility, a Division of Juvenile Justice facility, or a Department of Corrections and Rehabilitation facility. +(B) “Controlling offense” means the offense or enhancement for which any sentencing court imposed the longest term of imprisonment. +(b) (1) A person who was convicted of a controlling offense that was committed before the person had attained 23 years of age and for which the sentence is a determinate sentence shall be eligible for release on parole at a youth offender parole hearing by the board during his or her 15th year of incarceration, unless previously released pursuant to other statutory provisions. +(2) A person who was convicted of a controlling offense that was committed before the person had attained 23 years of age and for which the sentence is a life term of less than 25 years to life shall be eligible for release on parole by the board during his or her 20th year of incarceration at a youth offender parole hearing, unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions. +(3) A person who was convicted of a controlling offense that was committed before the person had attained 23 years of age and for which the sentence is a life term of 25 years to life shall be eligible for release on parole by the board during his or her 25th year of incarceration at a youth offender parole hearing, unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions. +(c) An individual subject to this section shall meet with the board pursuant to subdivision (a) of Section 3041. +(d) The board shall conduct a youth offender parole hearing to consider release. At the youth offender parole hearing, the board shall release the individual on parole as provided in Section 3041, except that the board shall act in accordance with subdivision (c) of Section 4801. +(e) The youth offender parole hearing to consider release shall provide for a meaningful opportunity to obtain release. The board shall review and, as necessary, revise existing regulations and adopt new regulations regarding determinations of suitability made pursuant to this section, subdivision (c) of Section 4801, and other related topics, consistent with relevant case law, in order to provide that meaningful opportunity for release. +(f) (1) In assessing growth and maturity, psychological evaluations and risk assessment instruments, if used by the board, shall be administered by licensed psychologists employed by the board and shall take into consideration the diminished culpability of juveniles as compared to that of adults, the hallmark features of youth, and any subsequent growth and increased maturity of the individual. +(2) Family members, friends, school personnel, faith leaders, and representatives from community-based organizations with knowledge about the individual before the crime or his or her growth and maturity since the time of the crime may submit statements for review by the board. +(3) Nothing in this section is intended to alter the rights of victims at parole hearings. +(g) If parole is not granted, the board shall set the time for a subsequent youth offender parole hearing in accordance with paragraph (3) of subdivision (b) of Section 3041.5. In exercising its discretion pursuant to paragraph (4) of subdivision (b) and subdivision (d) of Section 3041.5, the board shall consider the factors in subdivision (c) of Section 4801. No subsequent youth offender parole hearing shall be necessary if the offender is released pursuant to other statutory provisions prior to the date of the subsequent hearing. +(h) This section shall not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or Section 667.61, or in which an individual was sentenced to life in prison without the possibility of parole. This section shall not apply to an individual to whom this section would otherwise apply, but who, subsequent to attaining 23 years of age, commits an additional crime for which malice aforethought is a necessary element of the crime or for which the individual is sentenced to life in prison. +(i) (1) The board shall complete all youth offender parole hearings for individuals who became entitled to have their parole suitability considered at a youth offender parole hearing prior to the effective date of the act that added paragraph (2) by July 1, 2015. +(2) (A) The board shall complete all youth offender parole hearings for individuals who were sentenced to indeterminate life terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added this paragraph by July 1, 2017. +(B) The board shall complete all youth offender parole hearings for individuals who were sentenced to determinate terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added this paragraph by July 1, 2021. The board shall, for all individuals described in this subparagraph, conduct the consultation described in subdivision (a) of Section 3041 before July 1, 2017. +SEC. 2. +Section 4801 of the Penal Code is amended to read: +4801. +(a) The Board of Parole Hearings may report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its judgment, ought to have a commutation of sentence or be pardoned and set at liberty on account of good conduct, or unusual term of sentence, or any other cause, including evidence of intimate partner battering and its effects. For purposes of this section, “intimate partner battering and its effects” may include evidence of the nature and effects of physical, emotional, or mental abuse upon the beliefs, perceptions, or behavior of victims of domestic violence if it appears the criminal behavior was the result of that victimization. +(b) (1) The board, in reviewing a prisoner’s suitability for parole pursuant to Section 3041.5, shall give great weight to any information or evidence that, at the time of the commission of the crime, the prisoner had experienced intimate partner battering, but was convicted of an offense that occurred prior to August 29, 1996. The board shall state on the record the information or evidence that it considered pursuant to this subdivision, and the reasons for the parole decision. The board shall annually report to the Legislature and the Governor on the cases the board considered pursuant to this subdivision during the previous year, including the board’s decisions and the specific and detailed findings of its investigations of these cases. +(2) The report for the Legislature to be submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795 of the Government Code. +(3) The fact that a prisoner has presented evidence of intimate partner battering cannot be used to support a finding that the prisoner lacks insight into his or her crime and its causes. +(c) When a prisoner committed his or her controlling offense, as defined in subdivision (a) of Section 3051, prior to attaining 23 years of age, the board, in reviewing a prisoner’s suitability for parole pursuant to Section 3041.5, shall give great weight to the diminished culpability of juveniles as compared to adults, the hallmark features of youth, and any subsequent growth and increased maturity of the prisoner in accordance with relevant case law.","Existing law generally requires the Board of Parole Hearings to conduct youth offender parole hearings to consider the release of offenders who committed specified crimes when they were under 18 years of age and who were sentenced to state prison. +This bill would instead require the Board of Parole Hearings to conduct a youth offender parole hearing for offenders sentenced to state prison who committed those specified crimes when they were under 23 years of age. The bill would require the board to complete, by July 1, 2017, all youth offender parole hearings for individuals who were sentenced to indeterminate life terms who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the bill. The bill would require the board to complete all youth offender parole hearings for individuals who were sentenced to determinate terms who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the bill by July 1, 2021, and would require the board, for these individuals, to conduct a specified consultation before July 1, 2017.","An act to amend Sections 3051 and 4801 of the Penal Code, relating to parole." +67,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 273.6 of the Penal Code is amended to read: +273.6. +(a) Any intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. +(b) In the event of a violation of subdivision (a) that results in physical inj"">(2) An order excluding one party from the family dwelling or from the dwelling of the other. +(3) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the order described in subdivision (a). +(4) Any order issued by another state that is recognized under Part 5 (commencing with Section 6400) of Division 10 of the Family Code. +(d) A subsequent conviction for a violation of an order described in subdivision (a), occurring within seven years of a prior conviction for a violation of an order described in subdivision (a) and involving an act of violence or “a credible threat” of violence, as defined in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170. +(e) In the event of a subsequent conviction for a violation of an order described in subdivision (a) for an act occurring within one year of a prior conviction for a violation of an order described in subdivision (a) that results in physical injury to a victim, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than six months nor more than one year, by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. However, if the person is imprisoned in a county jail for at least 30 days, the court may, in the interest of justice and for reasons stated in the record, reduce or eliminate the six-month minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling. +(f) The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders described in subdivisions (a), (b), (d), and (e). +(g) (1) Every person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, shall be punished under Section 29825. +(2) Every person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (f) of Section 527.9 of the Code of Civil Procedure, or subdivision (h) of Section 6389 of the Family Code. +(h) If probation is granted upon conviction of a violation of subdivision (a), (b), (c), (d), or (e), the court shall impose probation consistent with Section 1203.097, and the conditions of probation may include, in lieu of a fine, one or both of the following requirements: +(1) That the defendant make payments to a battered women’s shelter or to a shelter for abused elder persons or dependent adults, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097. +(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. +(i) For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. +(j) (1) This subdivision applies to a person who is both of the following: +(A) The person is subject to a protective order, as defined in Section 6218 of the Family Code, or a protective order issued pursuant to this code, Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code. +(B) The person is prohibited by the protective order described in subparagraph (A) from coming within a specified distance of another person. +(2) A person described in paragraph (1) shall not do either of the following: +(A) Operate an unmanned aircraft system in a way that causes an unmanned aircraft to fly within the prohibited distance of the other person. +(B) Capture images of the other person by using an unmanned aircraft system. +(3) A violation of paragraph (2) shall be a violation of the protective order. +(4) For purposes of this subdivision, the following definitions apply: +(A) “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. +(B) “Unmanned aircraft system” means an unmanned aircraft and associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SECTION 1. +Section 4210 of the +Public Resources Code +is amended to read: +4210. +The Legislature finds and declares all of the following: +(a)Fire protection of the public trust resources on lands in the state responsibility areas remains a vital interest to California. Lands that are covered in whole or in part by a diverse plant community prevent excessive erosion, retard runoff, reduce sedimentation, and accelerate water percolation to assist in the maintenance of critical sources of water for environmental, irrigation, domestic, or industrial uses. +(b)The presence of structures within state responsibility areas can pose an increased risk of fire ignition and an increased potential for fire damage within the state’s wildlands and watersheds. The presence of structures within state responsibility areas can also impair wildland firefighting techniques and could result in greater damage to state lands caused by wildfires. +(c)The costs of fire prevention activities aimed at reducing the effects of structures in state responsibility areas should be borne by the owners of the structures. +(d)Individual owners of structures within state responsibility areas receive a disproportionately larger benefit from fire prevention activities than that realized by the state’s citizens generally. +(e)It is the intent of the Legislature that the economic burden of fire prevention activities that are associated with structures in state responsibility areas shall be equitably distributed among the citizens of the state who generally benefit from those activities and those owners of structures in the state responsibility areas who receive a specific benefit other than that general benefit. +(f)It is necessary to impose a fire prevention fee to pay for fire prevention activities in the state responsibility areas that specifically benefit owners of structures in the state responsibility areas.","Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015. +Existing state law generally authorizes a court to issue an order for the protection of certain persons, including, among others, the victims of domestic violence, elder and dependent adult abuse, workplace violence, and civil harassment. Under existing law, an intentional and knowing violation of those types of protective orders is a misdemeanor. If the violation results in physical injury, or occurs within specified time periods of a previous violation, existing law imposes additional penalties. Existing law also makes the crime of stalking another person, as defined, punishable as a misdemeanor or felony. Existing law makes it a felony to commit that offense when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior. +This bill would specifically prohibit a person subject to certain protective orders, when the person is prohibited by the protective order from coming within a specified distance of another person, from operating an unmanned aircraft system in a way that causes an unmanned aircraft, as those terms are defined, to fly within the prohibited distance of the other person, or from capturing images of the other person by using an unmanned aircraft system. By creating a new crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +Existing law makes certain findings and declarations regarding fire protection of the public trust resources on lands in state responsibility areas, including that the costs of fire prevention activities aimed at reducing the effects of structures in state responsibility areas should be borne by the owners of the structures. +This bill would make nonsubstantive changes to this law.","An act to amend Section +4210 +273.6 +of the +Public Resources +Penal +Code, relating to +fire prevention. +protective orders." +68,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) New information technology has dramatically changed the way people search for and expect to find information in California. +(b) This technology has unlocked great potential for government to better serve the people it represents. A recent study estimated that digitizing government data could generate one trillion dollars in economic value worldwide through cost savings and improved operational performance. +(c) California plays a vitally important role in moving our nation forward in the world of technology. Just as the state’s thriving tech industry surges ahead in setting new standards for society, so too must California. +(d) As several nations, states, and cities have begun to embrace policies of online access to public sector data, they have enjoyed the benefits of increased operational efficiency and better collaboration. Here in California, cities across the state are turning internally gathered and maintained data into usable information for the public to access and leverage for the benefit of their communities. +(e) In moving government to a more effective digital future, standards should be adopted to ensure that data collection and publication are standardized, including uniform definitions for machine-readable data. Online portals should also be developed to assist with public access to collected data. +(f) With a public sector committed to success in the digital age, the residents and businesses of California will stand to benefit from the greater collaboration and integration, improved accountability, and increased productivity that will result. +(g) In making California government more accessible to the people of the state, paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution requires local governments to comply with the California Public Records Act and with any subsequent statutory enactment amending that act and furthering that purpose. +SEC. 2. +Section 6270.5 is added to the Government Code, to read: +6270.5. +(a) In implementing this chapter, each local agency, except a local educational agency, shall create a catalog of enterprise systems. The catalog shall be made publicly available upon request in the office of the person or officer designated by the agency’s legislative body. The catalog shall be posted in a prominent location on the local agency’s Internet Web site, if the agency has an Internet Web site. The catalog shall disclose a list of the enterprise systems utilized by the agency and, for each system, shall also disclose all of the following: +(1) Current system vendor. +(2) Current system product. +(3) A brief statement of the system’s purpose. +(4) A general description of categories or types of data. +(5) The department that serves as the system’s primary custodian. +(6) How frequently system data is collected. +(7) How frequently system data is updated. +(b) This section shall not be interpreted to limit a person’s right to inspect public records pursuant to this chapter. +(c) For purposes of this section: +(1) “Enterprise system” means a software application or computer system that collects, stores, exchanges, and analyzes information that the agency uses that is both of the following: +(A) A multidepartmental system or a system that contains information collected about the public. +(B) A system of record. +(2) “System of record” means a system that serves as an original source of data within an agency. +(3) An enterprise system shall not include any of the following: +(A) Information technology security systems, including firewalls and other cybersecurity systems. +(B) Physical access control systems, employee identification management systems, video monitoring, and other physical control systems. +(C) Infrastructure and mechanical control systems, including those that control or manage street lights, electrical, natural gas, or water or sewer functions. +(D) Systems related to 911 dispatch and operation or emergency services. +(E) Systems that would be restricted from disclosure pursuant to Section 6254.19. +(F) The specific records that the information technology system collects, stores, exchanges, or analyzes. +(d) Nothing in this section shall be construed to permit public access to records held by an agency to which access is otherwise restricted by statute or to alter the process for requesting public records, as set forth in this chapter. +(e) If, on the facts of the particular case, the public interest served by not disclosing the information described in paragraph (1) or (2) of subdivision (a) clearly outweighs the public interest served by disclosure of the record, the local agency may instead provide a system name, brief title, or identifier of the system. +(f) The local agency shall complete and post the catalog required by this section by July 1, 2016, and thereafter shall update the catalog annually. +SEC. 3. +The Legislature finds and declares that Section 2 of this act, which adds Section 6270.5 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: +Because increased information about what data is collected by local agencies could be leveraged by the public to more efficiently access and better use that information, the act furthers the purpose of Section 3 of Article I of the California Constitution. +SEC. 4. +The Legislature finds and declares that Section 2 of this act limits the public’s right of access to public documents within the meaning of paragraph (2) of subdivision (b) of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest and the need for protecting that interest: +(a) The interest protected by this limitation is the security of enterprise systems in public agencies. +(b) The need for protecting that interest is that enterprise systems can contain information that, if released to the public, could result in negative consequences. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. The act declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. +This bill would require each local agency, except a local educational agency, in implementing the California Public Records Act, to create a catalog of enterprise systems, as defined, to make the catalog publicly available upon request in the office of the person or officer designated by the agency’s legislative body, and to post the catalog on the local agency’s Internet Web site. The bill would require the catalog to disclose a list of the enterprise systems utilized by the agency, and, among other things, the current system vendor and product, unless, on the facts of the particular case, the public interest served by not disclosing that information clearly outweighs the public interest served by disclosure, in which case the local agency may instead provide a system name, brief title, or identifier of the system. Because the bill would require local agencies to perform additional duties, it would impose a state-mandated local program. +The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers this purpose. +This bill would make legislative findings to that effect. +Existing constitutional provisions require a statute that limits the right of public access to meetings or writings of public officials to be adopted with findings demonstrating the interest to be protected by that limitation and the need to protect that interest. +This bill would declare that it includes limitations on access, that the interest to be protected is the security of enterprise systems in public agencies, and that the need to protect that interest is that enterprise systems can contain information that, if released to the public, could result in negative consequences. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 6270.5 to the Government Code, relating to public records." +69,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Local educational agencies (LEA) must have an approved provider participant agreement with the State Department of Health Care Services through the federal Centers for Medicare and Medicaid Services to be eligible to provide services. To participate in the LEA Medi-Cal billing option program, LEAs must reinvest the federal reimbursement they receive under this program in health and social services for children and families, and develop and maintain a collaborative committee to assist them in decisions regarding the reinvestment of federal reimbursements. The providers and supervisors of staff for the assessment and medically necessary health services are those qualified medical practitioners the LEA employs or contracts with to render certain health services. +(b) The LEA billing option facilitates reinvestment in health and social services for students and their families so that schools can foster access to and provide comprehensive health services to eligible Medi-Cal students. +(c) The funds are reimbursement for olled on or after January 1, 1993, to provide services pursuant to this section may bill for those services provided on or after January 1, 1993. +(c) Nothing in this section shall be interpreted to expand the current category of professional health care practitioners permitted to directly bill the Medi-Cal program. +(d) Nothing in this section is intended to increase the scope of practice of any health professional providing services under this section or Medi-Cal requirements for physician prescription, order, and supervision. +(e) (1) For the purposes of this section, the local educational agency, as a condition of enrollment to provide services under this section, shall be considered the provider of services. A local educational agency provider, as a condition of enrollment to provide services under this section, shall enter into, and maintain, a contract with the department in accordance with guidelines contained in regulations adopted by the director and published in Title 22 of the California Code of Regulations. +(2) Notwithstanding paragraph (1), a local educational agency providing services pursuant to this section shall utilize current safety net and traditional health care providers, when those providers are accessible to specific schoolsites identified by the local educational agency to participate in this program, rather than adding duplicate capacity. +(f) For the purposes of this section, covered services may include all of the following local educational agency services: +(1) Health and mental health evaluations and health and mental health education. +(2) Medical transportation. +(A) The following provisions shall not apply to medical transportation eligible to be billed under this section: +(i) Section 51323(a)(2)(A) of Title 22 of the California Code of Regulations. +(ii) Section 51323(a)(3)(B) of Title 22 of the California Code of Regulations. +(iii) For students whose medical or physical condition does not require the use of a gurney, Section 51231.1(f) of Title 22 of the California Code of Regulations. +(iv) For students whose medical or physical condition does not require the use of a wheelchair, Section 51231.2(e) of Title 22 of the California Code of Regulations. +(B) (i) Subparagraph (A) shall become inoperative on January 1, 2018, or on the date the director executes a declaration stating that the regulations implementing subparagraph (A) and Section 14118.5 have been updated, whichever is later. +(ii) The department shall post the declaration executed under clause (i) on its Internet Web site and transmit a copy of the declaration to the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review and the LEA Ad Hoc Workgroup. +(iii) If subparagraph (A) becomes inoperative on January 1, 2018, subparagraph (A) and this subparagraph shall be inoperative on January 1, 2018, unless a later enacted statute enacted before that date, deletes or extends that date. +(iv) If subparagraph (A) becomes inoperative on the date the director executes a declaration as described in clause (i), subparagraph (A) and this subparagraph shall be inoperative on the January 1 immediately following the date subparagraph (A) becomes inoperative, unless a later enacted statute enacted before that date, deletes or extends that date. +(3) Nursing services. +(4) Occupational therapy. +(5) Physical therapy. +(6) Physician services. +(7) Mental health and counseling services. +(8) School health aide services. +(9) Speech pathology services. These services may be provided by either of the following: +(A) A licensed speech pathologist. +(B) A credentialed speech-language pathologist, to the extent authorized by Chapter 5.3 (commencing with Section 2530) of Division 2 of the Business and Professions Code. +(10) Audiology services. +(11) Targeted case management services for children regardless of whether the child has an individualized education plan (IEP) or an individualized family service plan (IFSP). +(g) Local educational agencies may, but need not, provide any or all of the services specified in subdivision (f). +(h) For the purposes of this section, “local educational agency” means the governing body of any school district or community college district, the county office of education, a charter school, a state special school, a California State University campus, or a University of California campus. +(i) Notwithstanding any other law, a community college district, a California State University campus, or a University of California campus, consistent with the requirements of this section, may bill for services provided to any student, regardless of age, who is a Medi-Cal recipient. +(j) No later than July 1, 2013, and every year thereafter, the department shall make publicly accessible an annual accounting of all funds collected by the department from federal Medicaid payments allocable to local educational agencies, including, but not limited to, the funds withheld pursuant to subdivision (g) of Section 14115.8. The accounting shall detail amounts withheld from federal Medicaid payments to each participating local educational agency for that year. One-time costs for the development of this accounting shall not exceed two hundred fifty thousand dollars ($250,000). +(k) (1) If the requirements in paragraphs (2) and (4) are satisfied, the department shall seek federal financial participation for covered services that are provided by a local educational agency pursuant to subdivision (a) to a child who is an eligible Medi-Cal beneficiary, regardless of either of the following: +(A) Whether the child has an IEP or an IFSP. +(B) Whether those same services are provided at no charge to the beneficiary or to the community at large. +(2) The local educational agency shall take all reasonable measures to ascertain and pursue claims for payment of covered services specified in this section against legally liable third parties pursuant to Section 1902(a)(25) of the federal Social Security Act (42 U.S.C. Sec. 1396a(a)(25)). +(3) If a legally liable third party receives a claim submitted by a local educational agency pursuant to paragraph (2), the legally liable third party shall either reimburse the claim or issue a notice of denial of noncoverage of services or benefits. If there is no response to a claim submitted to a legally liable third party by a local educational agency within 45 days, the local educational agency may bill the Medi-Cal program pursuant to subdivision (b). The local educational agency shall retain a copy of the claim submitted to the legally liable third party for a period of three years. +(4) This subdivision shall not be implemented until the department obtains any necessary federal approvals.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides that specified services, including targeted case management services for children with an individualized education plan (IEP) or an individualized family service plan (IFSP), provided by local educational agencies (LEAs) are covered Medi-Cal benefits, and authorizes an LEA to bill for those services. Existing law requires the department to perform various activities with respect to the billing option for services provided by LEAs. Existing law defines an LEA as the governing body of any school district or community college district, the county office of education, a state special school, a California State University campus, or a University of California campus. +This bill would require the department to seek federal financial participation for covered services that are provided by an LEA to a child who is an eligible Medi-Cal beneficiary regardless of whether the child has an IEP or an IFSP, or whether those same services are provided at no charge to the beneficiary or to the community at large, if the LEA takes all reasonable measures to ascertain and pursue claims for payment of covered services against legally liable 3rd parties. The bill would require a legally liable 3rd party to either reimburse the claim or issue a notice of denial of noncoverage of services or benefits if the legally liable 3rd party receives a claim for payment of covered services submitted by an LEA. The bill would authorize an LEA to bill the Medi-Cal program if there is no response to a claim for payment of covered services submitted to a legally liable 3rd party within 45 days, and would require the LEA to retain a copy of the claim submitted to the legally liable 3rd party for a period of 3 years. The bill would expand the definition of an LEA to include the governing body of a charter school. The bill would provide that these provisions shall not be implemented until the department obtains necessary federal approvals. +This bill would also expand the authority of an LEA to provide targeted case management services.","An act to amend Section 14132.06 of the Welfare and Institutions Code, relating to Medi-Cal." +70,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 120325 of the Health and Safety Code is amended to read: +120325. +In enacting this chapter, but excluding Section 120380, and in enacting Sections 120400, 120405, 120410, and 120415, it is the intent of the Legislature to provide: +(a) A means for the eventual achievement of total immunization of appropriate age groups against the following childhood diseases: +(1) Diphtheria. +(2) Hepatitis B. +(3) Haemophilus influenzae type b. +(4) Measles. +(5) Mumps. +(6) Pertussis (whooping cough). +(7) Poliomyelitis. +(8) Rubella. +(9) Tetanus. +(10) Varicella (chickenpox). +(11) Any other disease deemed appropriate by the department, taking into consideration the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians. +(b) That the persons required to be immunized be allowed to obtain immunizations from whatever medical source they so desire, subject only to the condition that the immunization be performed in accordance with the regulations of the department and that a record of the immunization is made in accordance with the regulations. +(c) Exemptions from immunization for medical reasons. +(d) For the keeping of adequate records of immunization so that health departments, schools, and other institutions, parents or guardians, and the persons immunized will be able to ascertain that a child is fully or only partially immunized, and so that appropriate public agencies will be able to ascertain the immunization needs of groups of children in schools or other institutions. +(e) Incentives to public health authorities to design innovative and creative programs that will promote and achieve full and timely immunization of children. +SEC. 2. +Section 120335 of the Health and Safety Code is amended to read: +120335. +(a) As used in this chapter, “governing authority” means the governing board of each school district or the authority of each other private or public institution responsible for the operation and control of the institution or the principal or administrator of each school or institution. +(b) The governing authority shall not unconditionally admit any person as a pupil of any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless, prior to his or her first admission to that institution, he or she has been fully immunized. The following are the diseases for which immunizations shall be documented: +(1) Diphtheria. +(2) Haemophilus influenzae type b. +(3) Measles. +(4) Mumps. +(5) Pertussis (whooping cough). +(6) Poliomyelitis. +(7) Rubella. +(8) Tetanus. +(9) Hepatitis B. +(10) Varicella (chickenpox). +(11) Any other disease deemed appropriate by the department, taking into consideration the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians. +(c) Notwithstanding subdivision (b), full immunization against hepatitis B shall not be a condition by which the governing authority shall admit or advance any pupil to the 7th grade level of any private or public elementary or secondary school. +(d) The governing authority shall not unconditionally admit or advance any pupil to the 7th grade level of any private or public elementary or secondary school unless the pupil has been fully immunized against pertussis, including all pertussis boosters appropriate for the pupil’s age. +(e) The department may specify the immunizing agents that may be utilized and the manner in which immunizations are administered. +(f) This section does not apply to a pupil in a home-based private school or a pupil who is enrolled in an independent study program pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of the Education Code and does not receive classroom-based instruction. +(g) (1) A pupil who, prior to January 1, 2016, submitted a letter or affidavit on file at a private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center stating beliefs opposed to immunization shall be allowed enrollment to any private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center within the state until the pupil enrolls in the next grade span. +(2) For purposes of this subdivision, “grade span” means each of the following: +(A) Birth to preschool. +(B) Kindergarten and grades 1 to 6, inclusive, including transitional kindergarten. +(C) Grades 7 to 12, inclusive. +(3) Except as provided in this subdivision, on and after July 1, 2016, the governing authority shall not unconditionally admit to any of those institutions specified in this subdivision for the first time, or admit or advance any pupil to 7th grade level, unless the pupil has been immunized for his or her age as required by this section. +(h) This section does not prohibit a pupil who qualifies for an individualized education program, pursuant to federal law and Section 56026 of the Education Code, from accessing any special education and related services required by his or her individualized education program. +SEC. 3. +Section 120338 is added to the Health and Safety Code, to read: +120338. +Notwithstanding Sections 120325 and 120335, any immunizations deemed appropriate by the department pursuant to paragraph (11) of subdivision (a) of Section 120325 or paragraph (11) of subdivision (b) of Section 120335, may be mandated before a pupil’s first admission to any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, only if exemptions are allowed for both medical reasons and personal beliefs. +SEC. 4. +Section 120365 of the Health and Safety Code is repealed. +SEC. 5. +Section 120370 of the Health and Safety Code is amended to read: +120370. +(a) If the parent or guardian files with the governing authority a written statement by a licensed physician to the effect that the physical condition of the child is such, or medical circumstances relating to the child are such, that immunization is not considered safe, indicating the specific nature and probable duration of the medical condition or circumstances, including, but not limited to, family medical history, for which the physician does not recommend immunization, that child shall be exempt from the requirements of Chapter 1 (commencing with Section 120325, but excluding Section 120380) and Sections 120400, 120405, 120410, and 120415 to the extent indicated by the physician’s statement. +(b) If there is good cause to believe that a child has been exposed to a disease listed in subdivision (b) of Section 120335 and his or her documentary proof of immunization status does not show proof of immunization against that disease, that child may be temporarily excluded from the school or institution until the local health officer is satisfied that the child is no longer at risk of developing or transmitting the disease. +SEC. 6. +Section 120375 of the Health and Safety Code is amended to read: +120375. +(a) The governing authority of each school or institution included in Section 120335 shall require documentary proof of each entrant’s immunization status. The governing authority shall record the immunizations of each new entrant in the entrant’s permanent enrollment and scholarship record on a form provided by the department. The immunization record of each new entrant admitted conditionally shall be reviewed periodically by the governing authority to ensure that within the time periods designated by regulation of the department he or she has been fully immunized against all of the diseases listed in Section 120335, and immunizations received subsequent to entry shall be added to the pupil’s immunization record. +(b) The governing authority of each school or institution included in Section 120335 shall prohibit from further attendance any pupil admitted conditionally who failed to obtain the required immunizations within the time limits allowed in the regulations of the department, unless the pupil is exempted under Section 120370, until that pupil has been fully immunized against all of the diseases listed in Section 120335. +(c) The governing authority shall file a written report on the immunization status of new entrants to the school or institution under their jurisdiction with the department and the local health department at times and on forms prescribed by the department. As provided in paragraph (4) of subdivision (a) of Section 49076 of the Education Code, the local health department shall have access to the complete health information as it relates to immunization of each student in the schools or other institutions listed in Section 120335 in order to determine immunization deficiencies. +(d) The governing authority shall cooperate with the county health officer in carrying out programs for the immunization of persons applying for admission to any school or institution under its jurisdiction. The governing board of any school district may use funds, property, and personnel of the district for that purpose. The governing authority of any school or other institution may permit any licensed physician or any qualified registered nurse as provided in Section 2727.3 of the Business and Professions Code to administer immunizing agents to any person seeking admission to any school or institution under its jurisdiction.","Existing law prohibits the governing authority of a school or other institution from unconditionally admitting any person as a pupil of any public or private elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless prior to his or her admission to that institution he or she has been fully immunized against various diseases, including measles, mumps, and pertussis, subject to any specific age criteria. Existing law authorizes an exemption from those provisions for medical reasons or because of personal beliefs, if specified forms are submitted to the governing authority. Existing law requires the governing authority of a school or other institution to require documentary proof of each entrant’s immunization status. Existing law authorizes the governing authority of a school or other institution to temporarily exclude a child from the school or institution if the authority has good cause to believe that the child has been exposed to one of those diseases, as specified. +This bill would eliminate the exemption from existing specified immunization requirements based upon personal beliefs, but would allow exemption from future immunization requirements deemed appropriate by the State Department of Public Health for either medical reasons or personal beliefs. The bill would exempt pupils in a home-based private school and students enrolled in an independent study program and who do not receive classroom-based instruction, pursuant to specified law from the prohibition described above. The bill would allow pupils who, prior to January 1, 2016, have a letter or affidavit on file at a private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center stating beliefs opposed to immunization, to be enrolled in any private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center within the state until the pupil enrolls in the next grade span, as defined. Except as under the circumstances described above, on and after July 1, 2016, the bill would prohibit a governing authority from unconditionally admitting to any of those institutions for the first time or admitting or advancing any pupil to the 7th grade level, unless the pupil has been immunized as required by the bill. The bill would specify that its provisions do not prohibit a pupil who qualifies for an individualized education program, pursuant to specified laws, from accessing any special education and related services required by his or her individualized education program. The bill would narrow the authorization for temporary exclusion from a school or other institution to make it applicable only to a child who has been exposed to a specified disease and whose documentary proof of immunization status does not show proof of immunization against one of the diseases described above. The bill would make conforming changes to related provisions.","An act to amend Sections 120325, 120335, 120370, and 120375 of, to add Section 120338 to, and to repeal Section 120365 of, the Health and Safety Code, relating to public health." +71,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 9050 of the Elections Code is amended to read: +9050. +After the Secretary of State determines that a measure will appear on the ballot at the next statewide election, the Secretary of State shall promptly transmit a copy of the measure to the Legislative Analyst. The Legislative Analyst shall provide and return to the Secretary of State a ballot title and summary and ballot label for the measure. The Legislative Analyst shall prepare a ballot title and summary and ballot label for each measure submitted to the voters of the whole state by a date sufficient to meet the ballot pamphlet public display deadlines. +SEC. 2. +Section 9051 of the Elections Code is amended to read: +9051. +(a) (1) The ballot title and summary may differ from the legislative, circulating, or other title and summary of the measure and shall not exceed 100 words, not including the fiscal impact. +(2) The ballot title and summary shall be amended to include a summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code. +(b) The ballot label shall not contain more than 75 words and shall be a condensed version of the ballot title and summary including the financial impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code. +(c) In preparing the ballot title and summary, the Legislative Analyst shall give a true and impartial statement of the purpose of the measure in such language that the ballot title and summary shall neither be an argument, nor be likely to create prejudice, for or against the proposed measure. +(d) The Legislative Analyst shall invite and consider public comment in preparing each ballot title and summary. +SEC. 3. +Section 9053 of the Elections Code is amended to read: +9053. +A measure shall be designated on the ballot by the ballot label certified to the Secretary of State by the Legislative Analyst. +SEC. 4. +Section 9086 of the Elections Code is amended to read: +9086. +The ballot pamphlet shall contain +, +as to each state measure to be voted upon, the +following, +following +in the order set forth in this section: +(a) (1) Upon the top portion of the first page, and not exceeding one-third of the page, shall appear: +(A) Identification of the measure by number and title. +(B) The official summary prepared by the Legislative Analyst. +(C) The total number of votes cast for and against the measure in both the State Senate and +Assembly, +Assembly +if the measure was passed by the Legislature. +(2) The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Section 9087 of this code and Section 88003 of the Government Code shall not be included when measuring the amount of space the information described in paragraph (1) has taken for purposes of determining compliance with the restriction prohibiting the information described in paragraph (1) from exceeding one-third of the page. +(b) Beginning at the top of the right page shall appear the analysis prepared by the Legislative Analyst, provided that the analysis fits on a single page. If it does not fit on a single page, the analysis shall begin on the lower portion of the first left page and shall continue on subsequent pages until it is completed. +(c) Immediately below the analysis prepared by the Legislative Analyst shall appear a printed statement that refers voters to the Secretary of State’s Internet Web site for a list of committees primarily formed to support or oppose a ballot measure, and information on how to access the committee’s top 10 contributors. +(d) Arguments for and against the measure shall be placed on the next left and right pages, respectively, following the final page of the analysis of the Legislative Analyst. The rebuttals shall be placed immediately below the arguments. +(e) If no argument against the measure has been submitted, the argument for the measure shall appear on the right page facing the analysis. +(f) The complete text of each measure shall appear at the back of the pamphlet. The text of the measure shall contain the provisions of the proposed measure and the existing provisions of law repealed or revised by the measure. The provisions of the proposed measure differing from the existing provisions of law affected shall be distinguished in print, so as to facilitate comparison. +(g) The following statement shall be printed at the bottom of each page where arguments appear: “Arguments printed on this page are the opinions of the authors, and have not been checked for accuracy by any official agency.” +SEC. 5. +Section 9087 of the Elections Code is amended to read: +9087. +(a) The Legislative Analyst shall prepare an impartial analysis of the measure describing the measure and including a fiscal analysis of the measure showing the amount of any increase or decrease in revenue or cost to state or local government. If it is estimated that a measure would result in increased cost to the state, an analysis of the measure’s estimated impact on the state shall be provided, including an estimate of the percentage of the General Fund that would be expended due to the measure, using visual aids when appropriate. An estimate of increased cost to the state or local governments shall be set out in boldface print in the ballot pamphlet. +(b) The analysis shall be written in clear and concise terms, so as to be easily understood by the average voter, and shall avoid the use of technical terms wherever possible. The analysis may contain background information, including the effect of the measure on existing law and the effect of enacted legislation which will become effective if the measure is adopted, and shall generally set forth in an impartial manner the information the average voter needs to adequately understand the measure. To the extent practicable, the Legislative Analyst shall use a uniform method in each analysis to describe the estimated increase or decrease in revenue or cost of a measure, so that the average voter may draw comparisons among the fiscal impacts of measures. The condensed statement of the fiscal impact summary for the measure prepared by the Legislative Analyst to appear on the ballot shall contain the uniform estimate of increase or decrease in revenue or cost of the measure prepared pursuant to this subdivision. +(c) The Legislative Analyst may contract with a professional writer, educational specialist, or another person for assistance in writing an analysis that fulfills the requirements of this section, including the requirement that the analysis be written so that it will be easily understood by the average voter. The Legislative Analyst may also request the assistance of a state department, agency, or official in preparing his or her analysis. +(d) Before submitting the analysis to the Secretary of State, the Legislative Analyst shall submit the analysis to a committee of five persons, appointed by the Legislative Analyst, for the purpose of reviewing the analysis to confirm its clarity and easy comprehension to the average voter. The committee shall be drawn from the public at large, and one member shall be a specialist in education, one member shall be bilingual, and one member shall be a professional writer. Members of the committee shall be reimbursed for reasonable and necessary expenses incurred in performing their duties. Within five days of the submission of the analysis to the committee, the committee shall make recommendations to the Legislative Analyst as it deems appropriate to guarantee that the analysis can be easily understood by the average voter. The Legislative Analyst shall consider the committee’s recommendations, and he or she shall incorporate in the analysis those changes recommended by the committee that he or she deems to be appropriate. The Legislative Analyst is solely responsible for determining the content of the analysis required by this section. +(e) (1) The title and summary of any measure that appears on the ballot shall be amended to contain a summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact. +(2) For state bond measures that are submitted to the voters for their approval or rejection, the summary of the Legislative Analyst’s estimate described in paragraph (1) shall include an explanatory table of the information in the summary. +SEC. 6. +Section 13262 of the Elections Code is amended to read: +13262. +(a) The ballot shall contain the same material as to candidates and measures, and shall be printed in the same order as provided for paper ballots, and may be arranged in parallel columns on one or more ballot cards as required, except that the column in which the voter marks his or her choices may be at the left of the names of candidates and the designation of measures. +(b) If there are a greater number of candidates for an office or for a party nomination for an office than the number whose names can be placed on one pair of facing ballot pages, a series of overlaying pages printed only on the same, single side shall be used, and the ballot shall be clearly marked to indicate that the list of candidates for the office is continued on the following page or pages. If the names of candidates for the office are not required to be rotated, they shall be rotated by groups of candidates in a manner so that the name of each candidate shall appear on each page of the ballot in approximately the same number of precincts as the names of all other candidates. +(c) Space shall be provided on the ballot or on a separate write-in ballot to permit voters to write in names not printed on the ballot when authorized by law. The size of the voting square and the spacing of the material may be varied to suit the conditions imposed by the use of ballot cards, provided the size of the type is not reduced below the minimum size requirements set forth in Chapter 2 (commencing with Section 13100). +(d) The statement of measure submitted to the voters may be abbreviated if necessary on the ballot, if each and every statement of measure on that ballot is abbreviated. Any abbreviation of matters to be voted on throughout the state shall be composed by the Legislative Analyst. +SEC. 7. +Section 13282 of the Elections Code is amended to read: +13282. +Whenever the Legislative Analyst prepares a ballot label, the Legislative Analyst shall file a copy of the ballot label with the Secretary of State. The Secretary of State shall make a copy of the ballot label available for public examination before the printing of the ballot label on any ballot. The public shall be permitted to examine the ballot label for at least 20 days, and the Secretary of State may consolidate the examination requirement under this section with the public examination requirements set forth in Section 9092. A voter may seek a writ of mandate requiring a ballot label, or portion thereof, to be amended or deleted. The provisions set forth in Section 9092 concerning the issuance of the writ and the nature of the proceedings shall be applicable to this section. +SEC. 8. +Section 18602 of the Elections Code is amended to read: +18602. +A person working for the proponent or proponents of a statewide initiative or referendum measure who covers or otherwise obscures the summary of the measure prepared by the Legislative Analyst from the view of a prospective signer is guilty of a misdemeanor. +SEC. 9. +Section 88002 of the Government Code is amended to read: +88002. +The ballot pamphlet shall contain +, +as to each state measure to be voted upon, the following in the order set forth in this section: +(a) (1) Upon the top portion of the first page +, +and not exceeding one-third of the page +, +shall appear: +(A) The identification of the measure by number and title. +(B) The official summary prepared by the Legislative Analyst. +(C) The total number of votes cast for and against the measure in both the State Senate and Assembly if the measure was passed by the Legislature. +(2) The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Section 9087 of the Elections Code and Section 88003 of this code shall not be included when measuring the amount of space the information described in paragraph (1) has taken for purposes of determining compliance with the restriction prohibiting the information described in paragraph (1) from exceeding one-third of the page. +(b) Beginning at the top of the right page shall appear the analysis prepared by the Legislative Analyst, provided that the analysis fits on a single page. If it does not fit on a single page, then the analysis shall begin on the lower portion of the first left page and shall continue on subsequent pages until it is completed. +(c) Immediately below the analysis prepared by the Legislative Analyst shall appear a printed statement that refers voters to the Secretary of State’s Internet Web site for a list of committees primarily formed to support or oppose a ballot measure, and information on how to access the committee’s top 10 contributors. +(d) Arguments for and against the measure shall be placed on the next left and right pages, respectively, following the page on which the analysis of the Legislative Analyst ends. The rebuttals shall be placed immediately below the arguments. +(e) If no argument against the measure has been submitted, the argument for the measure shall appear on the right page facing the analysis. +(f) The complete text of each measure shall appear at the back of the pamphlet. The text of the measure shall contain the provisions of the proposed measure and the existing provisions of law repealed or revised by the measure. The provisions of the proposed measure differing from the existing provisions of law affected shall be distinguished in print, so as to facilitate comparison. +(g) The following statement shall be printed at the bottom of each page where arguments appear: “Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency.” +SEC. 10. +The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.","Existing law requires the Attorney General to provide a ballot label and a ballot title for each measure to be submitted to the voters at a statewide election. Existing law requires the Attorney General to prepare a summary of the chief purposes and points of each statewide ballot measure as part of the ballot title. Existing law, including provisions of the Political Reform Act of 1974, requires that the ballot pamphlet contain, among other things, the official summary prepared by the Attorney General. +This bill would require the Legislative Analyst, instead of the Attorney General, to prepare the ballot label and the ballot title and summary for all measures submitted to the voters of the state. The bill would also make conforming changes. +The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a +2/3 +vote of each house and compliance with specified procedural requirements. +This bill would declare that it furthers the purposes of the act.","An act to amend Sections 9050, 9051, 9053, 9086, 9087, 13262, 13282, and 18602 of the Elections Code, and to amend Section 88002 of the Government Code, relating to elections." +72,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 21200 of the Financial Code is amended to read: +21200. +(a) Except as otherwise provided in this chapter, no pawnbroker shall charge or receive compensation at a rate exceeding the sum of the following: +(1) Three percent per month on the unpaid principal balance of any loan. +(2) A charge not exceeding three dollars ($3) a month on any loan when the monthly charge permitted by paragraph (1) would otherwise be less. +(b) One month’s interest may be charged for any part of the month in which pawned property is redeemed. +SEC. 2. +Section 21200.1 of the Financial Code is amended to read: +21200.1. +A loan setup fee of five dollars ($5) or 3 percent, whichever is greater, may be charged for each loan. However, the maximum loan setup fee shall not exceed thirty dollars ($30). Loan setup fees are in addition to any other allowed charges. +SEC. 3. +Section 21200.5 of the Financial Code is amended to read: +21200.5. +A pawnbroker may charge as prescribed in the following schedule: + + +Schedule of Charges + + +(a) A charge not exceeding three dollars ($3) may be made on any loan for not more than three months which does not exceed nineteen dollars and ninety-nine cents ($19.99). +(b) A charge not exceeding six dollars ($6) may be made on any loan for not more than three months of twenty dollars ($20) or more, but not exceeding forty-nine dollars and ninety-nine cents ($49.99). +(c) A charge not exceeding nine dollars ($9) may be made on any loan for not more than three months of fifty dollars ($50) or more, but not exceeding seventy-four dollars and ninety-nine cents ($74.99). +(d) A charge not exceeding twelve dollars ($12) may be made on any loan for not more than three months of seventy-five dollars ($75) or more, but not exceeding ninety-nine dollars and ninety-nine cents ($99.99). +(e) A charge not exceeding fifteen dollars ($15) may be made on any loan for not more than three months of one hundred dollars ($100) or more, but not exceeding one hundred seventy-four dollars and ninety-nine cents ($174.99). +(f) A charge not exceeding 9 percent may be made on any loan for not more than three months on any loan of one hundred seventy-five dollars ($175) or more, but not exceeding two thousand four hundred ninety-nine dollars and ninety-nine cents ($2,499.99). +(g) The monthly charge for any extension of a written contract required by Section 21201 or 21201.5 shall be computed in accordance with the provisions of Section 21200. +(h) The schedule of charges prescribed by this section shall be posted in a place clearly visible to the general public. +SEC. 4. +Section 21200.6 of the Financial Code is amended to read: +21200.6. +(a) In addition to other allowed charges, at the time property is redeemed or a replacement loan is issued pursuant to Section 21201.5, the pawnbroker may collect a handling and storage charge for pawned articles. The maximum amount that may be charged pursuant to this section is in accordance with the following schedule: +(1) One dollar ($1) for any article that can be contained within one cubic foot. +(2) Five dollars ($5) for any article that cannot be contained within one cubic foot but can be contained within three cubic feet. +(3) Ten dollars ($10) for any article that cannot be contained within three cubic feet but can be contained within six cubic feet. +(4) Twenty dollars ($20) for any article that cannot be contained within six cubic feet and one dollar ($1) for each additional cubic foot in excess of six cubic feet. +(b) For purposes of this section, cubic feet shall be determined by multiplying the width of an article, at its greatest width, by the depth of an article, at its greatest depth, by the height of an article, at its greatest height. +SEC. 5. +Section 21201 of the Financial Code is amended to read: +21201. +(a) Every loan made by a pawnbroker for which goods are received in pledge as security shall be evidenced by a written contract, a copy of which shall be furnished to the pledgor. The loan contract shall provide a loan period that is a minimum of four months, shall set forth the loan period and the date on which the loan is due and payable, and shall clearly inform the pledgor of his or her right to redeem the pledge during the loan period. +(b) Every loan contract shall contain the following notice, in at least 8-point boldface type and circumscribed by a box, immediately above the space for the pledgor’s signature: + +“You may redeem the property you have pledged at any time until the close of business on ____ [fill in date no less than four months from date loan begins]. To redeem, you must pay the amount of the loan and the applicable charges which have accrued through the date on which you redeem.” + +(c) Every pawnbroker shall retain in his or her possession every article pledged to him or her for the duration of the loan period. During such period the pledgor may redeem the articles upon payment of the amount of the loan and the applicable charges. If the pledgor and the pawnbroker agree in writing that the pawned property may be stored off premises, following the request for redemption of the loan, the pawnbroker shall return the pledged property to the pledgor the next calendar day when both the pawnbroker’s store and the storage facility are open, not to exceed two business days. +(d) If any pledged article is not redeemed during the loan period as provided herein, and the pledgor and pawnbroker do not mutually agree in writing to extend the loan period, the pawnbroker shall notify the pledgor within one month after expiration of the loan period. If the pawnbroker fails to notify the pledgor within one month after the expiration of the loan period, the pawnbroker shall not charge interest from the day after the expiration of the one-month period. The pawnbroker shall notify the pledgor at his or her last known mailing or electronic address of the termination of the loan period, by a means for which verification of mailing or, at the sole option of the pledgor, electronic transmission of the notification can be provided by the pawnbroker, and extending the right of redemption, during posted business hours, for a period of 10 days from date of mailing or electronic transmission of that notice. Electronic notice of the termination of the loan period shall be valid if the pledgor has previously responded to an electronic communication sent by the pawnbroker to the pledgor’s last known electronic address provided by the pledgor. Upon the initiation of each new or replacement loan, the pledgor shall affirm that the current electronic address on file with the pawnbroker is valid. The 10-day notice shall state, in substantially the same format as the following: “If the tenth day falls on a day when the pawnshop is closed, the time period is extended to the next day that the pawnshop is open.” +(e) The posted schedule of charges required pursuant to Section 21200.5 shall contain a notice informing the pledgor that if he or she desires, the pawnbroker shall send the notice of termination of the loan period by registered or certified mail with return receipt requested, upon prepayment of the mailing costs. +(f) If any pledged article is not redeemed within the 10-day notice period, the pawnbroker shall become vested with all right, title, and interest of the pledgor, or his or her assigns, to the pledged article, to hold and dispose of as his or her own property. Any other provision of law relating to the foreclosure and sale of pledges shall not be applicable to any pledge the title to which is transferred in accordance with this section. The pawnbroker shall not sell any article of pledged property until he or she has become vested with the title to that property pursuant to this section. +(g) The sale of pledged property is a misdemeanor pursuant to Section 21209. +SEC. 6. +Section 21201.2 of the Financial Code is amended to read: +21201.2. +If the pledgor fails to redeem any pawned item during the loan period, thereby obliging the pawnbroker to mail or electronically transmit the notice required under Section 21201, the pawnbroker may charge a fee of up to three dollars ($3) for services and costs pertaining to the preparation of the notice, in addition to any other allowed charges. +SEC. 7. +Section 21205 is added to the Financial Code, to read: +21205. +Representatives of the pawnbroker industry shall poll their members annually to gather data relating to the current financial condition of the California pawn industry. +SEC. 8. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law regulates pawnbrokers and sets the maximum compensation charged or received by pawnbrokers on loans to their customers. A knowing violation of the provisions regulating pawnbrokers is a crime. +Existing law provides a schedule of maximum charges for 21 loan brackets for the first 3 months of any loan. +This bill, in that schedule, would consolidate the 21 loan brackets into 6 and set maximum charges within those brackets. +Existing law, among other things, limits the charge for the 4th and subsequent months of a loan to 2.5% per month on the unpaid balance, as specified. +This bill would increase the charge limit for the 4th and subsequent months to 3% per month. +Existing law permits a loan setup fee of the greater of $5 or 2% of the loan amount, not to exceed $10. +This bill would adjust the permitted loan setup fee to the greater of either $5 or 3% of the loan amount, not to exceed $30. +Existing law establishes the maximum amount, irrespective of the duration of the loan, that may be charged based on size of pawned articles, as specified, and prohibits a storage charge for any article that can be contained within one cubic foot. +This bill would permit a pawnbroker to additionally charge a maximum of $1 for handling and storage of any article that can be contained within one cubic foot. +Existing law requires a written contract that provides a 4-month loan period for every loan made by a pawnbroker for which goods are received in pledge as security and, under specified circumstances, requires a pawnbroker to notify the borrower at his or her last known address of the termination of the loan period, by a means for which verification of mailing or delivery of the notification can be provided by the pawnbroker, and provides for extending the right of redemption for a period of 10 days from the date that notice is mailed. +This bill instead would require a minimum 4-month loan period and would require the pawnbroker to provide that notification to the pledgor at his or her last known mailing or electronic address, by a means for which verification of mailing or, at the sole option of the pledgor, electronic transmission of the notification can be provided by the pawnbroker, as specified. +This bill also would require representatives of the pawnbroker industry to poll their members annually to gather data relating to the current financial condition of the California pawn industry. +Because a knowing violation of these provisions by a pawnbroker would be a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 21200, 21200.1, 21200.5, 21200.6, 21201, and 21201.2 of, and to add Section 21205 to, the Financial Code, relating to pawnbrokers." +73,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 131019.5 of the Health and Safety Code is amended to read: +131019.5. +(a) For purposes of this section, the following definitions shall apply: +(1) “Determinants of equity” means social, economic, geographic, political, and physical environmental conditions that lead to the creation of a fair and just society. +(2) “Health equity” means efforts to ensure that all people have full and equal access to opportunities that enable them to lead healthy lives. +(3) “Health and mental health disparities” means differences in health and mental health status among distinct segments of the population, including differences that occur by gender, age, race or ethnicity, sexual orientation, gender identity, education or income, disability or functional impairment, or geographic location, or the combination of any of these factors. +(4) “Health and mental health inequities” means disparities in health or mental health, or the factors that shape health, that are systemic and avoidable and, therefore, considered unjust or unfair. +(5) “Vulnerable communities” include, but are not limited to, women, racial or ethnic groups, low-income individuals and families, individuals who are incarcerated and those who have been incarcerated, individuals with disabilities, individuals with mental health conditions, children, youth and young adults, seniors, immigrants and refugees, individuals who have experienced trauma related to genocide, individuals who are limited English proficient (LEP), and lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQQ) communities, or combinations of these populations. +(6) “Vulnerable places” means places or communities with inequities in the social, economic, educational, or physical environment or environmental health and that have insufficient resources or capacity to protect and promote the health and well-being of their residents. +(b) The State Department of Public Health shall establish an Office of Health Equity for the purposes of aligning state resources, decisionmaking, and programs to accomplish all of the following: +(1) Achieve the highest level of health and mental health for all people, with special attention focused on those who have experienced socioeconomic disadvantage and historical injustice, including, but not limited to, vulnerable communities; culturally, linguistically, and geographically isolated communities; and communities that have experienced trauma related to genocide. +(2) Work collaboratively with the Health in All Policies Task Force to promote work in order to prevent injury and illness through improved social and environmental factors that promote health and mental health. +(3) Advise and assist other state departments in their mission to increase access to, and the quality of, culturally and linguistically competent health and mental health care and services. +(4) Improve the health status of all populations and places, with a priority on eliminating health and mental health disparities and inequities. +(c) The duties of the Office of Health Equity shall include all of the following: +(1) Conducting policy analysis and developing strategic policies and plans regarding specific issues affecting vulnerable communities and vulnerable places to increase positive health and mental health outcomes for vulnerable communities and decrease health and mental health disparities and inequities. The policies and plans shall also include strategies to address social and environmental inequities and improve health and mental health. The office shall assist other departments in their missions to increase access to services and support and improve quality of care for vulnerable communities. +(2) Establishing a comprehensive, cross-sectoral strategic plan to eliminate health and mental health disparities and inequities. The strategies and recommendations developed shall take into account the needs of vulnerable communities to ensure strategies are developed throughout the state to eliminate health and mental health disparities and inequities. This plan shall be developed in collaboration with the Health in All Policies Task Force. This plan shall establish goals and benchmarks for specific strategies in order to measure and track disparities and the effectiveness of these strategies. This plan shall be updated periodically, but not less than every two years, to keep abreast of data trends, best practices, promising practices, and to more effectively focus and direct necessary resources to mitigate and eliminate disparities and inequities. This plan shall be included in the report required under paragraph (1) of subdivision (d). The Office of Health Equity shall seek input from the public on the plan through an inclusive public stakeholder process that includes representatives from vulnerable communities. +(3) Building upon and informing the work of the Health in All Policies Task Force in working with state agencies and departments to consider health in appropriate and relevant aspects of public policy development to ensure the implementation of goals and objectives that close the gap in health status. The Office of Health Equity shall work collaboratively with the Health in All Policies Task Force to assist state agencies and departments in developing policies, systems, programs, and environmental change strategies that have population health impacts in all of the following ways, within the resources made available: +(A) Develop intervention programs with targeted approaches to address health and mental health inequities and disparities. +(B) Prioritize building cross-sectoral partnerships within and across departments and agencies to change policies and practices to advance health equity. +(C) Work with the advisory committee established pursuant to subdivision (f) and through stakeholder meetings to provide a forum to identify and address the complexities of health and mental health inequities and disparities and the need for multiple, interrelated, and multisectoral strategies. +(D) Provide technical assistance to state and local agencies and departments with regard to building organizational capacity, staff training, and facilitating communication to facilitate strategies to reduce health and mental health disparities. +(E) Highlight and share evidence-based, evidence-informed, and community-based practices for reducing health and mental health disparities and inequities. +(F) Work with local public health departments, county mental health or behavioral health departments, local social services, and mental health agencies, and other local agencies that address key health determinants, including, but not limited to, housing, transportation, planning, education, parks, and economic development. The Office of Health Equity shall seek to link local efforts with statewide efforts. +(4) Consult with community-based organizations and local governmental agencies to ensure that community perspectives and input are included in policies and any strategic plans, recommendations, and implementation activities. +(5) Assist in coordinating projects funded by the state that pertain to increasing the health and mental health status of vulnerable communities. +(6) Provide consultation and technical assistance to state departments and other state and local agencies charged with providing or purchasing state-funded health and mental health care, in their respective missions to identify, analyze, and report disparities and to identify strategies to address health and mental health disparities. +(7) Provide information and assistance to state and local departments in coordinating projects within and across state departments that improve the effectiveness of public health and mental health services to vulnerable communities and that address community environments to promote health. This information shall identify unnecessary duplication of services. +(8) Communicate and disseminate information within the department and with other state departments to assist in developing strategies to improve the health and mental health status of persons in vulnerable communities and to share strategies that address the social and environmental determinants of health. +(9) Provide consultation and assistance to public and private entities that are attempting to create innovative responses to improve the health and mental health status of vulnerable communities. +(10) Seek additional resources, including in-kind assistance, federal funding, and foundation support. +(d) In identifying and developing recommendations for strategic plans, the Office of Health Equity shall, at a minimum, do all of the following: +(1) Conduct demographic analyses on health and mental health disparities and inequities. The report shall include, to the extent feasible, an analysis of the underlying conditions that contribute to health and well-being. The first report shall be due July 1, 2014. This information shall be updated periodically, but not less than every two years, and made available through public dissemination, including posting on the department’s Internet Web site. The report shall be developed using primary and secondary sources of demographic information available to the office, including the work and data collected by the Health in All Policies Task Force. Primary sources of demographic information shall be collected contingent on the receipt of state, federal, or private funds for this purpose. +(2) Based on the availability of data, including valid data made available from secondary sources, the report described in paragraph (1) shall address the following key factors as they relate to health and mental health disparities and inequities: +(A) Income security such as living wage, earned income tax credit, and paid leave. +(B) Food security and nutrition such as food stamp eligibility and enrollment, assessments of food access, and rates of access to unhealthy food and beverages. +(C) Child development, education, and literacy rates, including opportunities for early childhood development and parenting support, rates of graduation compared to dropout rates, college attainment, and adult literacy. +(D) Housing, including access to affordable, safe, and healthy housing, housing near parks and with access to healthy foods, and housing that incorporates universal design and visitability features. +(E) Environmental quality, including exposure to toxins in the air, water, and soil. +(F) Accessible built environments that promote health and safety, including mixed-used land, active transportation such as improved pedestrian, bicycle, and automobile safety, parks and green space, and healthy school siting. +(G) Health care, including accessible disease management programs, access to affordable, quality health and behavioral health care, assessment of the health care workforce, and workforce diversity. +(H) Prevention efforts, including community-based education and availability of preventive services. +(I) Assessing ongoing discrimination and minority stressors against individuals and groups in vulnerable communities based upon race, gender, gender identity, gender expression, ethnicity, marital status, language, sexual orientation, disability, and other factors, such as discrimination that is based upon bias and negative attitudes of health professionals and providers. +(J) Neighborhood safety and collective efficacy, including rates of violence, increases or decreases in community cohesion, and collaborative efforts to improve the health and well-being of the community. +(K) The efforts of the Health in All Policies Task Force, including monitoring and identifying efforts to include health and equity in all sectors. +(L) Culturally appropriate and competent services and training in all sectors, including training to eliminate bias, discrimination, and mistreatment of persons in vulnerable communities. +(M) Linguistically appropriate and competent services and training in all sectors, including the availability of information in alternative formats such as large font, braille, and American Sign Language. +(N) Accessible, affordable, and appropriate mental health services. +(3) Consult regularly with representatives of vulnerable communities, including diverse racial, ethnic, cultural, and LGBTQQ communities, women’s health advocates, mental health advocates, health and mental health providers, community-based organizations and advocates, academic institutions, local public health departments, local government entities, and low-income and vulnerable consumers. +(4) Consult regularly with the advisory committee established by subdivision (f) for input and updates on the policy recommendations, strategic plans, and status of cross-sectoral work. +(e) The Office of Health Equity shall be organized as follows: +(1) A Deputy Director shall be appointed by the Governor or the State Public Health Officer, and is subject to confirmation by the Senate. The salary for the Deputy Director shall be fixed in accordance with state law. +(2) The Deputy Director of the Office of Health Equity shall report to the State Public Health Officer and shall work closely with the Director of Health Care Services to ensure compliance with the requirements of the office’s strategic plans, policies, and implementation activities. +(f) The Office of Health Equity shall establish an advisory committee to advance the goals of the office and to actively participate in decisionmaking. The advisory committee shall be composed of representatives from applicable state agencies and departments, local health departments, community-based organizations working to advance health and mental health equity, vulnerable communities, and stakeholder communities that represent the diverse demographics of the state. The chair of the advisory committee shall be a representative from a nonstate entity. The advisory committee shall be established by no later than October 1, 2013, and shall meet, at a minimum, on a quarterly basis. Subcommittees of this advisory committee may be formed as determined by the chair. +(g) An interagency agreement shall be established between the State Department of Public Health and the State Department of Health Care Services to outline the process by which the departments will jointly work to advance the mission of the Office of Health Equity, including responsibilities, scope of work, and necessary resources. +SEC. 2. +Section 4060 of the Welfare and Institutions Code is amended to read: +4060. +The State Department of Health Care Services shall, in order to implement Section 4050, utilize a meaningful decisionmaking process that includes local mental health directors and representatives of local mental health boards as well as other stakeholders in vulnerable communities, including diverse racial, ethnic, cultural, and LGBTQQ communities, communities that experience trauma related to genocide, women’s health advocates, mental health advocates, health and mental health providers, community-based organizations and advocates, academic institutions, local public health departments, local government entities, and low-income and vulnerable consumers. The purpose of this collaboration shall be to promote effective and efficient quality mental health services to the residents of the state under the realigned mental health system.","(1) Existing law establishes the Office of Health Equity within the State Department of Public Health for the purposes of aligning state resources, decisionmaking, and programs to accomplish various goals relating to health, and requires the office to perform various duties specifically relating to vulnerable communities, as defined. Existing law requires the office to establish a comprehensive, cross-sectoral strategic plan to eliminate health and mental health disparities and inequities and to seek input from the public on the plan through an inclusive public stakeholder process. +This bill would include individuals who have experienced trauma related to genocide in the definition of vulnerable communities and would require representatives from vulnerable communities to be represented in the public stakeholder process for developing the office’s plan to eliminate health and mental health disparities. +(2) Existing law requires the State Department of Health Care Services to provide, to the extent resources are available, technical assistance, through its own staff, or by contract, to county mental health programs and other local mental health agencies in the areas of program operations, research, evaluation, demonstration, or quality assurance projects. Existing law requires the department, to this end, to utilize a meaningful decisionmaking process that includes, among others, stakeholders as determined by the department. +This bill would require the department to include specified stakeholders from vulnerable communities in this process, including diverse racial, ethnic, cultural, and LGBTQQ communities, communities that experience trauma related to genocide, women’s health advocates, mental health advocates, health and mental health providers, community-based organizations and advocates, academic institutions, local public health departments, local government entities, and low-income and vulnerable consumers.","An act to amend Section 131019.5 of the Health and Safety Code, and to amend Section 4060 of the Welfare and Institutions Code, relating to public health." +74,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19780 of the Government Code is amended to read: +19780. +(a) Except as provided in Section 19781, a permanent, probationary, or exempt employee who begins active duty within 90 calendar days from the effective date of his or her long-term military leave or within 10 calendar days from the effective date of his or her short-term or emergency military leave and who returns to state service within six months after termination of military service under his or her long-term military leave or within 10 days after termination of military service under his or her short-term or emergency military leave shall be reinstated to his or her former position. Reinstatement to an employee’s former exempt position under this section or Section 19783 shall reestablish the employee’s tenure and civil service reinstatement rights, if any, as they existed immediately prior to his or her military leave pursuant to this section or resignation pursuant to Section 19783. For the purpose of this section any period of rehabilitation afforded by the United States or the state following active duty shall be considered as military service and termination of the state military emergency by the Governor shall be considered termination of military service. +(b) Within 30 days of the employee’s return to state service, the appointing authority shall inform the employee of his or her rights pursuant to Section 20997, and provide the member with the form provided pursuant to subdivision (f) of that section. +(c) Prior to April 1, 2017, every appointing authority shall provide a letter or electronic communication to all employees informing them of the rights provided by Section 20997. +SEC. 2. +Section 20997 of the Government Code is amended to read: +20997. +(a) Notwithstanding any other provision of this part, for each member other than a National Guard member absent without compensation due to military service pursuant to Section 20990, the employer shall contribute an amount equal to the contributions that would have been made by the employer and the employee during the absence. The employer’s contribution pursuant to this section shall be based upon the member’s compensation earnable and the contribution rates in effect at the commencement of the absence, if any of the following apply: +(1) The member returns to state service within six months after receiving a discharge from military service other than dishonorable. +(2) The member returns to state service within six months after completion of any period of rehabilitation offered by the United States government, except that for purposes of this section, rehabilitation solely for education purposes shall not be considered. +(3) The member is granted a leave of absence from the state employer as of the same date the member was reinstated to that employment from military service, provided that the member returns to state service at the conclusion of the leave. +(4) The member is placed on a state civil service reemployment list within six months after receiving a discharge from military service other than dishonorable and returns to state service upon receipt of an offer of reemployment. +(5) The member retires from this system for service or disability during the course of an absence from state service for military service. +(6) The member dies during the course of an absence from state service for military service. +(b) Any member on leave from state service for military service who elects to continue contributing to this system shall be entitled to a refund of those contributions upon request. +(c) Any member who withdrew contributions during or in contemplation of his or her military service is entitled to the benefits of this section irrespective of whether the contributions are redeposited. The rate for future contributions for the member shall be based upon the member’s age at the time the member commenced a leave of absence from state service for service in the military. +(d) The employer’s contribution pursuant to this section may be made either in lump sum, or it may be included in its monthly contribution as adjusted by inclusion of the amount due in the employer rate at the valuation most near in time to the event causing the employer’s liability for those contributions. The employer’s contributions pursuant to this section shall be used solely for the purpose of paying retirement and death benefits and shall not be paid to the member whose contributions are refunded to him or her pursuant to Section 20735. +(e) Within 30 days of the member’s return to state service, the employer shall inform the member of his or her rights pursuant to this section, and provide the employee with the form provided pursuant to subdivision (f). +(f) The board shall provide a separate and unique form to be used by the member to receive credit for his or her military service. The form shall clearly state that the member has no obligation to pay for any portion of the employer contribution if eligibility is determined pursuant to this section. +SEC. 3. +Section 21024 of the Government Code is amended to read: +21024. +(a) “Public service” with respect to a local member, other than a school member, also means active service with the Armed Forces or the Merchant Marine of the United States, including time during any period of rehabilitation afforded by the United States government other than a period of rehabilitation for purely educational purposes, and for six months thereafter prior to the member’s first employment by the employer under this section in which he or she was a member. +(b) Any member electing to receive credit for that public service shall make the contributions as specified in Sections 21050 and 21052. However, any eligible member who requests costing of service credit between January 1, 2001, and December 31, 2003, may, instead of making those contributions, make the payment calculated under this article as it read on December 31, 2000, which payment shall be made in the manner described in Section 21050. +(c) The public service under this section shall not include military service (1) in any period for which credit is otherwise given under this article or Article 4 (commencing with Section 20990) or (2) to the extent that total credit under this section would exceed four years. +(d) Notwithstanding Section 21034, a member may select which of two or more periods of service entitles him or her to receive public service under this section. +(e) This section shall apply to a member only if he or she elects to receive credit while he or she is in state service in the employment of one employer on or after the date of the employer’s election to be subject to this section. +(f) This section shall not apply to any contracting agency nor to the employees of any contracting agency until the agency elects to be subject to this section by amendment to its contract made in the manner prescribed for approval of contracts or in the case of contracts made after this section takes effect, by express provision in the contract making the contracting agency subject to this section. The amendments to this section made during the second year of the 1999–2000 Regular Session shall apply to contracts subject to this section on January 1, 2001. +(g) An employer shall inform a new employee at the time of hire of his or her rights to purchase service credit under this section. +SEC. 4. +Section 21029 of the Government Code is amended to read: +21029. +(a) “Public service” with respect to a state member or a school member or with respect to a retired former state employee or a retired former school employee, who retired on or after December 31, 1981, also means active service, prior to entering this system as a state member or as a school member, of not less than one year in the Armed Forces of the United States, or, active service, prior to entering this system as a state or school member, of not less than one year in the Merchant Marine of the United States prior to January 1, 1950. Public service credit shall not be granted if the service described above terminated with a discharge under dishonorable conditions. The public service credit to be granted for that service shall be on the basis of one year of credit for each year of credited state service, but shall not exceed a total of four years of public service credit regardless of the number of years of either that service or subsequent state service. A state member or a school member or a retired former state employee or a retired former school employee electing to receive a credit for that public service shall have been credited with at least one year of state service on the date of election or the date of retirement. +(b) An election by a state member or a school member with respect to public service under this section may be made only while the member is in state, university, or school employment, and a retired former employee shall have retired immediately following service as a state member or as a school member. The retirement allowance of a retired former state employee or a retired former school employee, who elects to receive public service credit pursuant to this section shall be increased only with respect to the allowance payable on and after the date of election. For the purposes of this section, a member as described in subdivision (d) of Section 20776, shall also mean a former state employee or a former school employee, who retired on or after December 31, 1981. +(c) A member or retired former employee who elects to become subject to this section shall make the contributions as specified in Sections 21050 and 21052. +(d) The board has no duty to locate or notify any eligible former member who is currently retired or to provide the name or address of any such retired person, agency, or entity for the purpose of notifying those persons. +(e) An employer shall inform a new employee at the time of hire of his or her rights to purchase service credit under this section.","The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System (PERS) for the purpose of providing pension and other benefits to public employees, which are funded by employee and employer contributions and investment returns. PERS provides defined benefits to its members based on their final compensation, credited service, and age at retirement, subject to certain variations. Existing law provides a member with an absence due to military service or service with the uniformed services with the right to receive credit for service for the period of that absence and requires the member’s employer to contribute both the employee and employer contributions for that period if specified conditions are met. +This bill would require the Board of Administration of the Public Employees’ Retirement System to provide a separate and unique form to be used by a member to receive credit for his or her military service and would require the form to clearly state that the member has no obligation to pay for any portion of the employer contribution if eligibility is determined pursuant to certain provisions, as specified. The bill would require employers to both provide the member with that form and inform the member of his or her rights to receive that credit with employer-paid contributions within 30 days of the member’s return to state service and until April 1, 2017, would further require state appointing authorities to provide letters or electronic communications to all employees informing them of those rights. +Existing law authorizes a member to elect at any time prior to retirement, in accordance with regulations of the Board of Administration of the Public Employees’ Retirement System, to receive credit for public service, in addition to his or her current and prior service credit. +This bill would require an employer to inform a new employee at the time of hire of his or her rights to purchase service credit for certain active service, prior to the person’s first employment with that employer or entrance into the retirement system, in the Armed Forces of the United States or in the Merchant Marine of the United States, as specified.","An act to amend Sections 19780, 20997, 21024, and 21029 of the Government Code, relating to public employment." +75,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature to enact legislation that imposes an excise tax on medical marijuana at the point of sale. +SECTION 1. +Section 10508 is added to the +Welfare and Institutions Code +, to read: +10508. +(a)In order to ensure timely and accurate decisions on applications for means-tested public benefit programs under this division, the department shall develop and make available to the Statewide Automated Welfare System established pursuant to Section 10823, an electronic verification process that allows county human services agency eligibility workers to, at their option, access data available electronically from appropriate public and private agencies and programs for use in connection with the determination of eligibility for means-tested public benefit programs under this division. In developing this electronic verification process, the department shall consult with county human services agencies, eligibility workers, representatives of the Statewide Automated Welfare System, and client advocates. It is the intent of the Legislature that the electronic verification process be utilized to the greatest extent possible prior to requesting verification of data elements from an applicant or recipient. +(b)The electronic verification process identified in subdivision (a) shall be completed no later than the expiration of the federal waiver for Office of Management and Budget Circular A-87, which requires states to evenly allocate the development costs for systems that are federally funded. +(c)(1)If the electronic verification process developed pursuant to subdivision (a) includes information obtained from an agency that is subject to the requirements of either the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) or the Consumer Credit Reporting Agencies Act (Title 1.6 (commencing with Section 1785.1) of Part 4 of Division 3 of the Civil Code), the department shall report to the Legislature regarding the ways in which the electronic verification process guarantees the rights established under these laws to protect individuals from negative actions resulting from incorrect information. +(2)A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. +SEC. 2. +Section 18901.10 of the +Welfare and Institutions Code +is amended to read: +18901.10. +(a)To the extent permitted by federal law, and except as provided in paragraphs (1) and (2), each county human services agency shall conduct a telephone interview for purposes of determining eligibility at initial application and recertification and shall facilitate submission of required documents using electronic and telephone technologies to the greatest extent possible. +(1)A face-to-face interview shall be conducted if any of the following occur: +(A)A face-to-face interview is requested by the applicant, recipient, or authorized representative. +(B)On a case-by-case basis, a face-to-face interview is deemed necessary by the county to clarify a condition of eligibility. +(C)A face-to-face interview is required in order to make timely and reasonable accommodations to serve a household with a person who has a disability, is advanced in age, or is homeless. For purposes of this subparagraph, the face-to-face interview shall be conducted in a mutually acceptable location. +(2)An electronic interview may be conducted in place of a telephone or face-to-face interview if the county human services agency and the applicant or recipient both have the capacity to participate in an electronic interview. +(3)A face-to-face, telephone, or electronic interview shall be conducted by a county human services agency eligibility worker. +(b)(1)In order to facilitate submission of required information by applicants and recipients, the department shall issue guidance for recording and the storing of electronic and telephonic signatures. +(2)The department shall coordinate with county human services agencies to make available a standard technological solution that has the capacity to store telephonic and electronic signatures. The department shall, in identifying this solution, work with county human services agencies, client advocates, the Statewide Automated Welfare System, and the Office of Systems Integration to ensure maximum compatibility with the Statewide Automated Welfare System and to provide that the telephonic and electronic signatures will be stored within the Statewide Automated Welfare System, as appropriate. +(3)A county shall not be required to use the solution identified pursuant to paragraph (2) if the county is complying with the guidance established by the department pursuant to paragraph (1). It is the intent of the Legislature that this section ensure that applicants and recipients in all counties have the ability to utilize telephonic and electronic signatures. +(c)The state shall not, nor shall any county, allow an eligibility interview to be conducted by anyone other than a county human services agency eligibility worker. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use and cultivation of marijuana for medical purposes. Existing law makes it a crime to plant, cultivate, harvest, dry, or process marijuana, except as otherwise authorized by law. Under existing law, qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate in order collectively and cooperatively to cultivate marijuana for medical purposes, are not subject to criminal sanctions solely on the basis of that fact. +This bill would state that it is the intent of the Legislature to enact legislation that imposes an excise tax on medical marijuana at the point of sale. +(1)Existing law provides for financial and food assistance benefits to needy Californians including, among other programs, the California Work Opportunity and Responsibility to Kids (CalWORKs) program and CalFresh, under which each county provides for financial and food assistance benefits to qualified individuals who meet specified eligibility criteria. +This bill would require the State Department of Social Services to develop and make available to the Statewide Automated Welfare System an electronic verification process that allows county human services agency eligibility workers to, at their option, access data available electronically from public and private agencies and programs for use in connection with the determination of eligibility for specified means-tested public benefit programs. +(2)Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, county human services agencies administer CalFresh. +Existing law requires each county human services agency, to the extent permitted by federal law, to exempt a household from complying with face-to-face interview requirements at initial application and recertification, and authorizes a person eligible for an exemption from the face-to-face interview requirement to request a face-to-face interview to establish initial eligibility or comply with recertification requirements. +This bill would instead require a county human services agency to conduct a telephone interview for purposes of determining eligibility at initial application and recertification, except as provided, and would require a county human services agency to facilitate submission of required documents using electronic and telephone technologies to the greatest extent possible. The bill would also expand the circumstances under which a face-to-face interview is required, and would authorize an electronic interview to be conducted if the county human services agency and the applicant or recipient both have the capacity to participate in an electronic interview. The bill would require the department to issue guidance for recording and storing electronic and telephonic signatures. By increasing the duties of county human services agencies administering CalFresh, this bill would impose a state-mandated local program. +The bill would require the State Department of Social Services to coordinate with county human services agencies to make available a standard technological solution that has the capacity to store telephonic and electronic signatures, as specified. +(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act +to amend Section 18901.10 of, and to add Section 10508 to, the Welfare and Institutions Code, relating to public social services. +relating to medical marijuana." +76,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature to permit pawnbrokers to conduct business transactions by electronic means, except when establishing an original loan. It is further the intent of the Legislature to permit such transactions to be made in conformity with the Uniform Electronic Transactions Act, as set forth in Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code. +SEC. 2. +Section 21201 of the Financial Code is amended to read: +21201. +(a) Every loan made by a pawnbroker for which goods are received in pledge as security shall be evidenced by a written contract, a copy of which shall be furnished to the pledgor. The loan contract shall provide a loan period that is a minimum of four months, shall set forth the loan period and the date on which the loan is due and payable, and shall clearly inform the pledgor of his or her right to redeem the pledge during the loan period. +(b) Every loan contract shall contain the following notice, in at least 8-point boldface type and circumscribed by a box, immediately above the space for the pledgor’s signature: + +“You may redeem the property you have pledged at any time until the close of business on ____ [fill in date no less than four months from date loan begins]. To redeem, you must pay the amount of the loan and the applicable charges which have accrued through the date on which you redeem.” + +(c) Every pawnbroker shall retain in his or her possession every article pledged to him or her for the duration of the loan period. During such period the pledgor may redeem the articles upon payment of the amount of the loan and the applicable charges. If the pledgor and the pawnbroker agree in writing that the pawned property may be stored off premises, following the request for redemption of the loan, the pawnbroker shall return the pledged property to the pledgor the next calendar day when both the pawnbroker’s store and the storage facility are open, not to exceed two business days. +(d) If any pledged article is not redeemed during the loan period as provided herein, and the pledgor and pawnbroker do not mutually agree in writing to extend the loan period, the pawnbroker shall notify the pledgor within one month after expiration of the loan period. If the pawnbroker fails to notify the pledgor within one month after the expiration of the loan period, the pawnbroker shall not charge interest from the day after the expiration of the one-month period. The pawnbroker shall notify the pledgor at his or her last known mailing or electronic address of the termination of the loan period, by a means for which verification of mailing or, at the sole option of the pledgor, electronic transmission of the notification can be provided by the pawnbroker, and extending the right of redemption, during posted business hours, for a period of 10 days from date of mailing or electronic transmission of that notice. Electronic notice of the termination of the loan period shall be valid if the pledgor has previously responded to an electronic communication sent by the pawnbroker to the pledgor’s last known electronic address provided by the pledgor. Upon the initiation of each new or replacement loan, the pledgor shall affirm that the current electronic address on file with the pawnbroker is valid. The 10-day notice shall state, in substantially the same format as the following: “If the tenth day falls on a day when the pawnshop is closed, the time period is extended to the next day that the pawnshop is open.” +(e) The posted schedule of charges required pursuant to Section 21200.5 shall contain a notice informing the pledgor that if he or she desires, the pawnbroker shall send the notice of termination of the loan period by registered or certified mail with return receipt requested, upon prepayment of the mailing costs. +(f) If any pledged article is not redeemed within the 10-day notice period, the pawnbroker shall become vested with all right, title, and interest of the pledgor, or his or her assigns, to the pledged article, to hold and dispose of as his or her own property. Any other provision of law relating to the foreclosure and sale of pledges shall not be applicable to any pledge the title to which is transferred in accordance with this section. The pawnbroker shall not sell any article of pledged property until he or she has become vested with the title to that property pursuant to this section. +(g) The sale of pledged property is a misdemeanor pursuant to Section 21209. +SEC. 3. +Section 21201.5 of the Financial Code is amended to read: +21201.5. +(a) During the contractual loan period and any extension thereof, but prior to the start of the 10-day grace period provided in subdivision (d) of Section 21201, a pledgor may request, and a pawnbroker may consent to, a replacement loan to take effect upon the expiration of the loan period stated in the active loan contract delivered to the pledgor under Section 21201 or this section. +(b) Alternatively, a pledgor may request, and a pawnbroker may consent to, a replacement loan during the 10-day grace period provided in subdivision (d) of Section 21201. Any such replacement loan shall become effective on the date it is issued. +(c) All of the following shall apply to a replacement loan issued pursuant to this section: +(1) The loan shall be processed as, and deemed to be, a new loan subject to all other fees and charges permitted by this chapter. +(2) Before a replacement loan may be issued, the pledgor shall pay off all outstanding charges from the prior loan then due, including interest or any loan writing, storage, notification, or other fee authorized in this chapter, in cash or another form acceptable to the pawnbroker. The pledgor’s payment may be delivered to the pawnbroker by any method acceptable to the pawnbroker, including, but not limited to, United States mail, private mail, a personal representative, or electronic transfer. If insufficient payment is tendered by the pledgor or is not tendered in cash or a form acceptable to the pawnbroker, the pawnbroker shall, if commercially reasonable, return the payment in the same manner that the payment was delivered by the pledgor, or by another commercially reasonable manner, within five business days, and shall include a statement advising the pledgor the reason the payment was rejected. The pawnbroker is under no obligation to enter into a replacement loan if the amount is insufficient or the method of payment or form of tender is not cash or acceptable to the pawnbroker. +(3) The unpaid balance of the prior loan shall be debited to the replacement loan on which the same article or articles have been pledged. The replacement loan contract shall disclose the amount of the prior loan that is debited and shall otherwise be consistent with Section 21201. +(4) If the pledgor requests a replacement loan in person or electronically, the pledgor’s consent to the terms of the replacement loan shall be deemed given when he or she signs the written replacement loan contract in person or electronically in conformity with Section 21201.6. +(5) If the pledgor requests a replacement loan by mail or through a personal representative, the pledgor’s consent to the terms of the replacement loan shall be deemed given when all required charges from the prior loan then due are paid in a form acceptable to the pawnbroker. The principal amount of a replacement loan requested by mail or through a personal representative shall not exceed the principal amount of the prior loan. +(6) The terms of the replacement loan shall be consistent with this chapter on the date the replacement loan is issued. +(7) The replacement loan shall be evidenced by a written agreement or electronic record. The pawnbroker shall mail or otherwise transmit a copy of the written agreement or electronic record to the pledgor within five business days following receipt of payment by means for which verification of mailing or electronic transmittal can be provided by the pawnbroker. +SEC. 4. +Section 21201.6 is added to the Financial Code, to read: +21201.6. +The requirement for a written contract signed by the pledgor as set forth in Section 21201.5 may be met electronically if all of the following conditions are satisfied: +(a) The contract and transaction comply with the provisions of the Uniform Electronic Transactions Act, as set forth in Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code, as may be applicable at the time that the loan is entered into between the pawnbroker and the pledgor. +(b) Any written disclosures specified in this chapter to be set forth in a specified minimum type size are conspicuously presented to the pledgor prior to his or her execution of the electronic contract. +(c) The pawnbroker makes one of the following disclosures: +(1) If the principal loan amount is below two thousand five hundred dollars ($2,500), the pawnbroker discloses the maximum compensation due a pawnbroker as set forth in Section 21200.7 prior to the pledgor’s execution of the electronic contract. +(2) If the principal loan amount is two thousand five hundred dollars ($2,500) or more, the pawnbroker discloses the provisions of Sections 21051 and 22054 prior to the pledgor’s execution of the electronic contract.","(1) Existing law regulates pawnbrokers and requires a written contract for every loan by a pawnbroker for which goods are received in pledge as security, as specified, and requires a copy of that contract to be furnished to the borrower. Existing law requires the contract to provide a 4-month loan period. +This bill would, instead, specify that the contract be for a minimum of 4 months. +(2) Existing law requires a pawnbroker, within one month after the loan period expires, to notify the borrower at his or her last known address of the termination of the loan period, by a means for which verification of mailing or delivery of the notification can be provided by the pawnbroker, and provides for extending the right of redemption for a period of 10 days from the date that notice is mailed. +This bill would instead require the pawnbroker to provide that notification to the pledgor at his or her last known mailing or electronic address, by a means for which verification of mailing or, at the sole option of the pledgor, electronic transmission of the notification can be provided by the pawnbroker, as specified. The bill would provide that the electronic notice of the termination of the loan period would be valid only if the pledgor has previously responded to an electronic communication sent by the pawnbroker to the pledgor’s last known electronic address and would require the pledgor to affirm the electronic address on file, as prescribed. +(3) Existing law permits a pledgor and a pawnbroker to agree to a new loan to become effective at the end of the loan period and requires the new loan to be processed as a new loan subject to loan origination, storage, and other fees as specified. +This bill would permit a replacement loan to be issued at the request of the pledgor with consent of the pawnbroker before the expiration of the redemption period, to become effective on the date it is issued, subject to specified requirements, including, but not limited to, that the pledgor pay off all outstanding charges from the prior loan then due before a replacement loan may be issued. The bill would also permit the replacement loan to be issued electronically, provided that the contract and transaction comply with the Uniform Electronic Transactions Act and meet certain disclosure requirements.","An act to amend Sections 21201 and 21201.5 of, and to add Section 21201.6 to, the Financial Code, relating to pawnbrokers." +77,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 5600.3 of the Welfare and Institutions Code is amended to read: +5600.3. +To the extent resources are available, the primary goal of the use of funds deposited in the mental health account of the local health and welfare trust fund should be to serve the target populations identified in the following categories, which shall not be construed as establishing an order of priority: +(a) (1) Seriously emotionally disturbed children or adolescents. +(2) For the purposes of this part, “seriously emotionally disturbed children or adolescents” means minors under +the age of 18 years +18 years of age +who have a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a primary substance use disorder or developmental disorder, which results in behavior inappropriate to the child’s age according to expected developmental norms. Members of this target population shall meet one or more of the following criteria: +(A) As a result of the mental disorder, the child has substantial impairment in at least two of the following areas: self-care, school functioning, family relationships, or ability to function in the community; and either of the following occur: +(i) The child is at risk of removal from home or has already been removed from the home. +(ii) The mental disorder and impairments have been present for more than six months or are likely to continue for more than one year without treatment. +(B) The child displays one of the following: psychotic features, risk of +suicide +suicide, +or risk of violence due to a mental disorder. +(C) The child meets special education eligibility requirements under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code. +(b) (1) Adults and older adults who have a serious mental disorder. +(2) For the purposes of this part, “serious mental disorder” means a mental disorder that is severe in degree and persistent in duration, +which +that +may cause behavioral functioning +which +that +interferes substantially with the primary activities of daily living, and +which +that +may result in an inability to maintain stable adjustment and independent functioning without treatment, support, and rehabilitation for a long or indefinite period of time. Serious mental disorders include, but are not limited to, schizophrenia, bipolar disorder, post-traumatic stress disorder, as well as major affective disorders or other severely disabling mental disorders. This section shall not be construed to exclude persons with a serious mental disorder and a diagnosis of substance abuse, developmental disability, or other physical or mental disorder. +(3) Members of this target population shall meet all of the following criteria: +(A) The person has a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a substance use disorder or developmental disorder or acquired traumatic brain injury pursuant to subdivision (a) of Section 4354 unless that person also has a serious mental disorder as defined in paragraph (2). +(B) (i) As a result of the mental disorder, the person has substantial functional impairments or symptoms, or a psychiatric history demonstrating that without treatment there is an imminent risk of decompensation to having substantial impairments or symptoms. +(ii) For the purposes of this part, “functional impairment” means being substantially impaired as the result of a mental disorder in independent living, social relationships, vocational skills, or physical condition. +(C) As a result of a mental functional impairment and circumstances, the person is likely to become so disabled as to require public assistance, services, or entitlements. +(4) For the purpose of organizing outreach and treatment options, to the extent resources are available, this target population includes, but is not limited to, +persons who are +any of the +following: +following persons: +(A) Homeless persons who are mentally ill. +(B) Persons evaluated by appropriately licensed persons as requiring care in acute treatment facilities including state hospitals, acute inpatient facilities, institutes for mental disease, and crisis residential programs. +(C) Persons arrested or convicted of crimes. +(D) Persons who require acute treatment as a result of a first episode of mental illness with psychotic features. +(5) California veterans in need of mental health services and who meet the existing eligibility requirements of this section, shall be provided services to the extent services are available to other adults pursuant to this section. Veterans who may be eligible for mental health services through the United States Department of Veterans Affairs should be advised of these services by the county and assisted in linking to those services. +(A) No eligible veteran shall be denied county mental health services based solely on his or her status as a veteran. +(B) Counties shall refer a veteran to the county veterans service officer, if any, to determine the veteran’s eligibility for, and the availability of, mental health services provided by the United States Department of Veterans Affairs or other federal health care provider. +(C) Counties should consider contracting with community-based veterans’ services agencies, +where +when +possible, to provide high-quality, veteran specific mental health services. +(c) Adults or older adults who require or are at risk of requiring acute psychiatric inpatient care, residential treatment, or outpatient crisis intervention because of a mental disorder with symptoms of psychosis, suicidality, or violence. +(d) Persons who need brief treatment as a result of a natural disaster or severe local emergency.","Existing law contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. +This bill would make technical, nonsubstantive changes to the latter provisions.","An act to amend Section 5600.3 of the Welfare and Institutions Code, relating to mental health." +78,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 136.2 of the Penal Code is amended to read: +136.2. +(a) (1) Upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, a court with jurisdiction over a criminal matter may issue orders, including, but not limited to, the following: +(A) An order issued pursuant to Section 6320 of the Family Code. +(B) An order that a defendant shall not violate any provision of Section 136.1. +(C) An order that a person before the court other than a defendant, including, but not limited to, a subpoenaed witness or other person entering the courtroom of the court, shall not violate any provisions of Section 136.1. +(D) An order that a person described in this section shall have no communication whatsoever with a specified witness or a victim, except through an attorney under reasonable restrictions that the court may impose. +(E) An order calling for a hearing to determine if an order as described in subparagraphs (A) to (D), inclusive, should be issued. +(F) (i) An order that a particular law enforcement agency within the jurisdiction of the court provide protection for a victim or a witness, or both, or for immediate family members of a victim or a witness who reside in the same household as the victim or witness or within reasonable proximity of the victim’s or witness’ household, as determined by the court. The order shall not be made without the consent of the law enforcement agency except for limited and specified periods of time and upon an express finding by the court of a clear and present danger of harm to the victim or witness or immediate family members of the victim or witness. +(ii) For purposes of this paragraph, “immediate family members” include the spouse, children, or parents of the victim or witness. +(G) (i) An order protecting a victim or witness of violent crime from all contact by the defendant, or contact, with the intent to annoy, harass, threaten, or commit acts of violence, by the defendant. The court or its designee shall transmit orders made under this paragraph to law enforcement personnel within one business day of the issuance, modification, extension, or termination of the order, pursuant to subdivision (a) of Section 6380 of the Family Code. It is the responsibility of the court to transmit the modification, extension, or termination orders made under this paragraph to the same agency that entered the original protective order into the Domestic Violence Restraining Order System. +(ii) (I) If a court does not issue an order pursuant to clause (i) in a case in which the defendant is charged with a crime involving domestic violence as defined in Section 13700 or in Section 6211 of the Family Code, the court on its own motion shall consider issuing a protective order upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, that provides as follows: +(ia) The defendant shall not own, possess, purchase, receive, or attempt to purchase or receive, a firearm while the protective order is in effect. +(ib) The defendant shall relinquish any firearms that he or she owns or possesses pursuant to Section 527.9 of the Code of Civil Procedure. +(II) Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm while this protective order is in effect is punishable pursuant to Section 29825. +(iii) An order issued, modified, extended, or terminated by a court pursuant to this subparagraph shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable. +(iv) A protective order issued under this subparagraph may require the defendant to be placed on electronic monitoring if the local government, with the concurrence of the county sheriff or the chief probation officer with jurisdiction, adopts a policy to authorize electronic monitoring of defendants and specifies the agency with jurisdiction for this purpose. If the court determines that the defendant has the ability to pay for the monitoring program, the court shall order the defendant to pay for the monitoring. If the court determines that the defendant does not have the ability to pay for the electronic monitoring, the court may order electronic monitoring to be paid for by the local government that adopted the policy to authorize electronic monitoring. The duration of electronic monitoring shall not exceed one year from the date the order is issued. At no time shall the electronic monitoring be in place if the protective order is not in place. +(2) For purposes of this subdivision, a minor who was not a victim of, but who was physically present at the time of, an act of domestic violence, is a witness and is deemed to have suffered harm within the meaning of paragraph (1). +(b) A person violating an order made pursuant to subparagraphs (A) to (G), inclusive, of paragraph (1) of subdivision (a) may be punished for any substantive offense described in Section 136.1, or for a contempt of the court making the order. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1. However, a person so held in contempt shall be entitled to credit for punishment imposed therein against a sentence imposed upon conviction of an offense described in Section 136.1. A conviction or acquittal for a substantive offense under Section 136.1 shall be a bar to a subsequent punishment for contempt arising out of the same act. +(c) (1) (A) Notwithstanding subdivision (e), an emergency protective order issued pursuant to Chapter 2 (commencing with Section 6250) of Part 3 of Division 10 of the Family Code or Section 646.91 shall have precedence in enforcement over any other restraining or protective order, provided the emergency protective order meets all of the following requirements: +(i) The emergency protective order is issued to protect one or more individuals who are already protected persons under another restraining or protective order. +(ii) The emergency protective order restrains the individual who is the restrained person in the other restraining or protective order specified in clause (i). +(iii) The provisions of the emergency protective order are more restrictive in relation to the restrained person than are the provisions of the other restraining or protective order specified in clause (i). +(B) An emergency protective order that meets the requirements of subparagraph (A) shall have precedence in enforcement over the provisions of any other restraining or protective order only with respect to those provisions of the emergency protective order that are more restrictive in relation to the restrained person. +(2) Except as described in paragraph (1), a no-contact order, as described in Section 6320 of the Family Code, shall have precedence in enforcement over any other restraining or protective order. +(d) (1) A person subject to a protective order issued under this section shall not own, possess, purchase, or receive, or attempt to purchase or receive, a firearm while the protective order is in effect. +(2) The court shall order a person subject to a protective order issued under this section to relinquish any firearms he or she owns or possesses pursuant to Section 527.9 of the Code of Civil Procedure. +(3) A person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm while the protective order is in effect is punishable pursuant to Section 29825. +(e) (1) In all cases in which the defendant is charged with a crime involving domestic violence, as defined in Section 13700 or in Section 6211 of the Family Code, or a violation of Section 261, 261.5, or 262, or any crime that requires the defendant to register pursuant to subdivision (c) of Section 290, the court shall consider issuing the above-described orders on its own motion. All interested parties shall receive a copy of those orders. In order to facilitate this, the court’s records of all criminal cases involving domestic violence or a violation of Section 261, 261.5, or 262, or any crime that requires the defendant to register pursuant to subdivision (c) of Section 290, shall be marked to clearly alert the court to this issue. +(2) In those cases in which a complaint, information, or indictment charging a crime involving domestic violence, as defined in Section 13700 or in Section 6211 of the Family Code, or a violation of Section 261, 261.5, or 262, or any crime that requires the defendant to register pursuant to subdivision (c) of Section 290, has been issued, except as described in subdivision (c), a restraining order or protective order against the defendant issued by the criminal court in that case has precedence in enforcement over a civil court order against the defendant. +(3) Custody and visitation with respect to the defendant and his or her minor children may be ordered by a family or juvenile court consistent with the protocol established pursuant to subdivision (f), but if ordered after a criminal protective order has been issued pursuant to this section, the custody and visitation order shall make reference to, and, if there is not an emergency protective order that has precedence in enforcement pursuant to paragraph (1) of subdivision (c), or a no-contact order, as described in Section 6320 of the Family Code, acknowledge the precedence of enforcement of, an appropriate criminal protective order. On or before July 1, 2014, the Judicial Council shall modify the criminal and civil court forms consistent with this subdivision. +(f) On or before January 1, 2003, the Judicial Council shall promulgate a protocol, for adoption by each local court in substantially similar terms, to provide for the timely coordination of all orders against the same defendant and in favor of the same named victim or victims. The protocol shall include, but shall not be limited to, mechanisms for ensuring appropriate communication and information sharing between criminal, family, and juvenile courts concerning orders and cases that involve the same parties, and shall permit a family or juvenile court order to coexist with a criminal court protective order subject to the following conditions: +(1) An order that permits contact between the restrained person and his or her children shall provide for the safe exchange of the children and shall not contain language either printed or handwritten that violates a “no-contact order” issued by a criminal court. +(2) Safety of all parties shall be the courts’ paramount concern. The family or juvenile court shall specify the time, day, place, and manner of transfer of the child, as provided in Section 3100 of the Family Code. +(g) On or before January 1, 2003, the Judicial Council shall modify the criminal and civil court protective order forms consistent with this section. +(h) (1) In any case in which a complaint, information, or indictment charging a crime involving domestic violence, as defined in Section 13700 or in Section 6211 of the Family Code, has been filed, the court may consider, in determining whether good cause exists to issue an order under subparagraph (A) of paragraph (1) of subdivision (a), the underlying nature of the offense charged, and the information provided to the court pursuant to Section 273.75. +(2) In any case in which a complaint, information, or indictment charging a violation of Section 261, 261.5, or 262, or any crime that requires the defendant to register pursuant to subdivision (c) of Section 290, has been filed, the court may consider, in determining whether good cause exists to issue an order under paragraph (1) of subdivision (a), the underlying nature of the offense charged, the defendant’s relationship to the victim, the likelihood of continuing harm to the victim, any current restraining order or protective order issued by any civil or criminal court involving the defendant, and the defendant’s criminal history, including, but not limited to, prior convictions for a violation of Section 261, 261.5, or 262, a crime that requires the defendant to register pursuant to subdivision (c) of Section 290, any other forms of violence, or any weapons offense. +(i) (1) In all cases in which a criminal defendant has been convicted of a crime involving domestic violence as defined in Section 13700 or in Section 6211 of the Family Code, a violation of Section 261, 261.5, or 262, or any crime that requires the defendant to register pursuant to subdivision (c) of Section 290, the court, at the time of sentencing, shall consider issuing an order restraining the defendant from any contact with the victim. The order may be valid for up to 10 years, as determined by the court. This protective order may be issued by the court regardless of whether the defendant is sentenced to the state prison or a county jail or subject to mandatory supervision, or whether imposition of sentence is suspended and the defendant is placed on probation. It is the intent of the Legislature in enacting this subdivision that the duration of any restraining order issued by the court be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. +(2) An order under this subdivision may include provisions for electronic monitoring if the local government, upon receiving the concurrence of the county sheriff or the chief probation officer with jurisdiction, adopts a policy authorizing electronic monitoring of defendants and specifies the agency with jurisdiction for this purpose. If the court determines that the defendant has the ability to pay for the monitoring program, the court shall order the defendant to pay for the monitoring. If the court determines that the defendant does not have the ability to pay for the electronic monitoring, the court may order the electronic monitoring to be paid for by the local government that adopted the policy authorizing electronic monitoring. The duration of the electronic monitoring shall not exceed one year from the date the order is issued. +(j) For purposes of this section, “local government” means the county that has jurisdiction over the protective order.","Existing law requires, in all cases in which a criminal defendant is convicted of specified crimes, including any crime for which the defendant must register as a sex offender, the court to consider issuing an order, valid for up to 10 years, restraining the defendant from any contact with the victim. Existing law authorizes the order to be issued by the court regardless of whether the defendant is sentenced to state prison or a county jail, or whether the imposition of sentence is suspended and the defendant is placed on probation. +This bill would additionally authorize the order to be issued by the court regardless of whether the defendant is subject to mandatory supervision.","An act to amend Section 136.2 of the Penal Code, relating to restraining orders." +79,"The people of the State of California do enact as follows: + + +SECTION 1. +Article +7.5 +7.6 +(commencing with Section +8239.5) +8239.15) +is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: +Article 7.6. Individualized Eligibility Part-Day Preschool +Subsidy +Plan for Alum Rock Union Elementary School District +8239.5. +8239.15. +For purposes of this article, the following terms have the following meanings: +(a) “School district” means the Alum Rock Union Elementary School District, located in the County of Santa Clara. +(b) +(1) +“Preschool program” means +a state-funded part-day preschool program that operates in the school district. +an agency that holds a California state preschool program (Article 7 (commencing with Section 8235)) contract with the department as of July 1, 2015, has a memorandum of understanding with the school district, and holds a license pursuant to Article 2 (commencing with Section 1596.80) of Chapter 3.4 of Division 2 of the Health and Safety Code for preschool services within a transitional kindergarten classroom in the school district. +(2) The memorandum of understanding between the school district and the preschool program shall clarify the use of facilities, shared goals of the pilot project, and the responsibilities of both parties. +8239.6. +8239.16. +The school district +and the preschool program, in consultation with the Santa Clara County Office of Education and First 5 Santa Clara County +, as a pilot project, may develop and implement an individualized eligibility part-day preschool +subsidy +plan for children residing in the school district for purposes of attending a preschool program in the school district. The plan shall +ensure that child care subsidies received by a preschool program are used to address local needs, conditions, and priorities of families in the school district and for preparing children for kindergarten and grades 1 to 12, inclusive. +include, but not be limited to, all of the following: +(a) Elements to address local needs, conditions, and priorities of families in the school district for purposes of preparing children for kindergarten and grades 1 to 12, inclusive. +(b) Increasing access to preschool in the school district to prepare children for transitional kindergarten and kindergarten. +(c) The provision of supplemental services to children in transitional kindergarten. +(d) The provision of parent education, parent engagement, and family support services. +(e) Systems to facilitate transition of children and their families from a federal Head Start program and preschool to transitional kindergarten and kindergarten. +(f) Increasing collaboration between preschool, transitional kindergarten, and kindergarten teachers. +8239.7. +Before implementing the plan, the school district, in consultation with any preschool program and the Santa Clara Office of Education, shall develop an individualized eligibility part-day preschool subsidy plan that shall include both of the following: +8239.17 +(a) Notwithstanding any other law, eligibility to participate in the +preschool program +services offered under the pilot project +shall be based on either of the following conditions: +(1) The child is eligible for free or reduced-price meals, as that term is used in subdivision (a) of Section 42238.01 +, or participates in the federal Child and Adult Care Food Program (42 U.S.C. Sec 1766; 7 C.F.R. 226.20) +. +(2) The child is a foster youth, as that term is used in subdivision (b) of Section 42238.01. +(b) Notwithstanding any other law, children up to the age of admission into +first grade +kindergarten pursuant to Section 48000 +shall be allowed to participate in the +preschool program +services offered under the pilot project +. +8239.8. +8239.18. +(a) +The plan +and any modifications to the plan +shall be submitted +to, and approved by, +to +the +Santa Clara County Local Child Care Planning Council and the Early Education and Support Division of the department +governing board of the school district, for approval by the governing board of the school district. Upon approval by the governing board of the school district, the plan or modifications to the plan shall be submitted to the Early Education and Support Division of the department for review +. +(b) Within 30 days of receiving the plan or modifications, the Early Education and Support Division shall review and either approve or disapprove the plan or the modifications. +(c) The Early Education and Support Division may disapprove only those portions of the plan or modifications to the plan that are not in conformance with this article or that are in conflict with federal law. +8239.9. +8239.19. +(a) Upon approval of the plan, pursuant to Section +8239.8 +8239.18 +, the school +district, in consultation with the +district and the +preschool program, +in consultation with +the Santa Clara +County +Office of +Education, +Education +and First 5 Santa Clara +County +, shall prepare and submit an annual report to the Legislature and the department that summarizes the success of the pilot +project. +project, and shall demonstrate all of the following, as applicable: +(1) By the end of the first fiscal year of operation under the approved pilot project plan, an increase in the enrollment of children who are eligible for free meals under the free or reduced-price meal program, as that term is used in subdivision (a) of Section 42238.01, as compared to the first quarter of the pilot project under the approved plan. +(2) By the end of the second fiscal year of operation under the approved pilot project plan, an increase in the percentage of children who are eligible for free meals under the free or reduced-price meal program, as that term is used in subdivision (a) of Section 42238.01, as compared to the first quarter of the pilot project under the approved plan of 3 percent. +(3) By the end of the first fiscal year of operation under the approved pilot project plan, an increase of 3 percent of the child days of enrollment of children receiving child development services under a California state preschool program (Article 7 (commencing with Section 8235)) contract over the 2014–15 fiscal year. +(b) The school district +and the preschool program +, in consultation with +the preschool program, +the Santa Clara +County +Office of +Education, +Education +and First 5 Santa Clara +County, +shall submit a +final +report to the Legislature and the department on or before December 31, +2022, +2020, +that shall provide recommendations as to whether the pilot project should continue as a permanent program. +(c) A report submitted to the Legislature pursuant to this section shall be submitted in compliance with +Section +9795 of the Government Code. +8239.10. +8239.20. +The school district +and the preschool program +may implement an individualized eligibility part-day preschool +subsidy +plan as a pilot project pursuant to this article until +January 1, 2022, +June 30, 2021, +at which date the school district shall terminate the plan and implement the state’s requirements for subsidized part-day preschools. A child enrolling for the first time in a preschool program in the school district after +January 1, 2022, +June, 30, 2021, +shall not be enrolled in the pilot project established pursuant to this article, and shall be subject to existing state laws and regulations regarding preschool eligibility. +8239.21. +Sharing of information between the school district and the preschool program shall be in accordance with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) and any federal regulations adopted pursuant thereto. +8239.11. +8239.22. +Additional state funds shall not be appropriated for purposes of implementing this article. +8239.12. +8239.23. +This article shall remain in effect only until January 1, +2023, +2022, +and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, +2023, +2022, +deletes or extends that date. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Alum Rock Union Elementary School District, in the County of Santa Clara. The school district has a high level of children who live in poverty, children who are English language learners, children who are part of a minority group, and children who are exposed to violence in their community. The school district is particularly focused on significantly increasing pupil achievement and parent engagement and this act will achieve this by offering preschool services to children and families in the school district. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +The start of +a +the 2015–16 school year begins in August. This act will prevent needless hours and paperwork to certify eligibility past the August start date. Therefore, in order to eliminate the barriers for families to access state preschool and to remove the paperwork burden on families and agencies in time for the new school year, it is necessary that this act take effect immediately.","Existing law provides that it is the intent of the Legislature that in providing child development programs the Superintendent of Public Instruction give priority to children of families that qualify under applicable federal statutes or regulations as recipients of public assistance and other low-income and disadvantaged families. Existing law authorizes the City and County of San Francisco, until July 1, 2016, and as a pilot project, to develop and implement an individualized county child care subsidy plan, as provided. Existing law requires the Superintendent to administer all California state preschool programs, which include part-day age and developmentally appropriate programs for 3- and 4-year-old children, as provided. Existing law provides that 3- and 4-year-old children are eligible for the state part-day preschool program if the family meets one of several eligibility requirements, including income eligibility. +This bill would authorize the Alum Rock Union Elementary School District, located in the County of Santa Clara, +and a preschool program, as defined, +as a pilot project until +January 1, 2022, +June 30, 2021, +to develop and implement an individualized eligibility part-day preschool +subsidy +plan for children residing in the school district for purposes of attending a +state-funded part-day +preschool program in the school district. The bill would require the school district +to consult with +and the +preschool +programs, as defined, and +program to consult with +the Santa Clara +County +Office of Education +and First 5 Santa Clara County +in developing the plan. The bill would require the plan to include specified +elements relating to +elements. The bill would establish certain requirements relating to +eligibility and age of preschool program participation. The bill would require the plan +, and any modifications to the plan, +to be submitted to, and approved by, +the Santa Clara County Local Child Care Planning Council and +the governing board of the school district. The bill would require the governing board of the school district, upon approval, to submit the plan or modifications to +the Early Education and Support Division of the State Department of +Education. +Education for approval, as provided. +The bill would require the school district +and the preschool program +to submit an annual report to the Legislature and the department, as provided, and +a final +an additional +report on or before December 31, +2022. +2020, that provides recommendations as to whether the pilot project should continue as a permanent program. +The bill would provide that no additional state funds shall be appropriated for purposes of implementing the above provisions. +This bill would make legislative findings and declarations as to the necessity for special legislation. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to add and repeal Article +7.5 +7.6 +(commencing with Section +8239.5) +8239.15) +of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, relating to preschool, and declaring the urgency thereof, to take effect immediately." +80,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 56.103 of the Civil Code is amended to read: +56.103. +(a) A provider of health care may disclose medical information to a county social worker, a probation officer, a foster care public health nurse acting pursuant to Section 16501.3 of the Welfare and Institutions Code, or any other person who is legally authorized to have custody or care of a minor for the purpose of coordinating health care services and medical treatment provided to the minor, including, but not limited to, the sharing of information related to screenings, assessments, and laboratory tests necessary to monitor the administration of psychotropic medications. +(b) For purposes of this section, health care services and medical treatment includes one or more providers of health care providing, coordinating, or managing health care and related services, including, but not limited to, a provider of health care coordinating health care with a third party, consultation between providers of health care and medical treatment relating to a minor, or a provider of health care referring a minor for health care services to another provider of health care. +(c) For purposes of this section, a county social worker, a probation officer, foster care public health nurse, or any other person who is legally authorized to have custody or care of a minor shall be considered a third party who may receive any of the following: +(1) Medical information described in Sections 56.05 and 56.10. +(2) Protected health information described in Section 160.103 of Title 45 of the Code of Federal Regulations. +(d) Medical information disclosed to a county social worker, probation officer, foster care public health nurse, or any other person who is legally authorized to have custody or care of a minor shall not be further disclosed by the recipient unless the disclosure is for the purpose of coordinating health care services and medical treatment of the minor and the disclosure is authorized by law. Medical information disclosed pursuant to this section may not be admitted into evidence in any criminal or delinquency proceeding against the minor. Nothing in this subdivision shall prohibit identical evidence from being admissible in a criminal proceeding if that evidence is derived solely from lawful means other than this section and is permitted by law. +(e) (1) Notwithstanding Section 56.104, if a provider of health care determines that the disclosure of medical information concerning the diagnosis and treatment of a mental health condition of a minor is reasonably necessary for the purpose of assisting in coordinating the treatment and care of the minor, that information may be disclosed to a county social worker, probation officer, foster care public health nurse, or any other person who is legally authorized to have custody or care of the minor. The information shall not be further disclosed by the recipient unless the disclosure is for the purpose of coordinating mental health services and treatment of the minor and the disclosure is authorized by law. +(2) As used in this subdivision, “medical information” does not include psychotherapy notes as defined in Section 164.501 of Title 45 of the Code of Federal Regulations. +(f) The disclosure of information pursuant to this section is not intended to limit the disclosure of information when that disclosure is otherwise required by law. +(g) For purposes of this section, “minor” means a minor taken into temporary custody or as to whom a petition has been filed with the court, or who has been adjudged to be a dependent child or ward of the juvenile court pursuant to Section 300 or 601 of the Welfare and Institutions Code. +(h) (1) Except as described in paragraph (1) of subdivision (e), nothing in this section shall be construed to limit or otherwise affect existing privacy protections provided for in state or federal law. +(2) Nothing in this section shall be construed to expand the authority of a social worker, probation officer, foster care public health nurse, or custodial caregiver beyond the authority provided under existing law to a parent or a patient representative regarding access to medical information. +SEC. 2. +Section 5328.04 of the Welfare and Institutions Code is amended to read: +5328.04. +(a) Notwithstanding Section 5328, information and records made confidential under that section may be disclosed to a county social worker, a probation officer, a foster care public health nurse acting pursuant to Section 16501.3, or any other person who is legally authorized to have custody or care of a minor, for the purpose of coordinating health care services and medical treatment, as defined in subdivision (b) of Section 56.103 of the Civil Code, mental health services, or services for developmental disabilities, for the minor. +(b) Information disclosed under subdivision (a) shall not be further disclosed by the recipient unless the disclosure is for the purpose of coordinating health care services and medical treatment, or mental health or developmental disability services, for the minor and only to a person who would otherwise be able to obtain the information under subdivision (a) or any other law. +(c) Information disclosed pursuant to this section shall not be admitted into evidence in any criminal or delinquency proceeding against the minor. Nothing in this subdivision shall prohibit identical evidence from being admissible in a criminal proceeding if that evidence is derived solely from lawful means other than this section and is permitted by law. +(d) Nothing in this section shall be construed to compel a physician and surgeon, licensed psychologist, social worker with a master’s degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information, including notes, that has been given to him or her in confidence by the minor or members of the minor’s family. +(e) The disclosure of information pursuant to this section is not intended to limit disclosure of information when that disclosure is otherwise required by law. +(f) Nothing in this section shall be construed to expand the authority of a social worker, probation officer, foster care public health nurse, or custodial caregiver beyond the authority provided under existing law to a parent or a patient representative regarding access to confidential information. +(g) As used in this section, “minor” means a minor taken into temporary custody or for whom a petition has been filed with the court, or who has been adjudged a dependent child or ward of juvenile court pursuant to Section 300 or 601. +(h) Information and records that may be disclosed pursuant to this section do not include psychotherapy notes, as defined in Section 164.501 of Title 45 of the Code of Federal Regulations. +SEC. 3. +Section 16501.3 of the Welfare and Institutions Code is amended to read: +16501.3. +(a) The State Department of Social Services shall establish and maintain a program of public health nursing in the child welfare services program that meets the federal requirements for the provision of health care to minor and nonminor dependents in foster care consistent with Section 30026.5 of the Government Code. The purpose of the public health nursing program shall be to promote and enhance the physical, mental, dental, and developmental well-being of children in the child welfare system. +(b) Under this program, counties shall use the services of a foster care public health nurse. The foster care public health nurse shall work with the appropriate child welfare services workers to coordinate health care services and serve as a liaison with health care professionals and other providers of health-related services. This shall include coordination with county mental health plans and local health jurisdictions, as appropriate. In order to fulfill these duties, the foster care public health nurse shall have access to the child’s medical, dental, and mental health care information, in a manner that is consistent with all relevant privacy requirements. +(c) The duties of a foster care public health nurse shall include, but need not be limited to, the following: +(1) Documenting that each child in foster care receives initial and followup health screenings that meet reasonable standards of medical practice. +(2) Collecting health information and other relevant data on each foster child as available, receiving all collected information to determine appropriate referral and services, and expediting referrals to providers in the community for early intervention services, specialty services, dental care, mental health services, and other health-related services necessary for the child. +(3) Participating in medical care planning and coordinating for the child. This may include, but is not limited to, assisting case workers in arranging for comprehensive health and mental health assessments, interpreting the results of health assessments or evaluations for the purpose of case planning and coordination, facilitating the acquisition of any necessary court authorizations for procedures or medications, monitoring and oversight of psychotropic medications, advocating for the health care needs of the child, and ensuring the creation of linkage among various providers of care. +(4) Providing followup contact to assess the child’s progress in meeting treatment goals. +(5) At the request of and under the direction of a nonminor dependent, as described in subdivision (v) of Section 11400, assisting the nonminor dependent in accessing physical health and mental health care, coordinating the delivery of health and mental health care services, advocating for the health and mental health care that meets the needs of the nonminor dependent, assisting the nonminor dependent to make informed decisions about his or her health care by, at a minimum, providing educational materials, and assisting the nonminor dependent to assume responsibility for his or her ongoing physical and mental health care management. +(d) The services provided by foster care public health nurses under this section shall be limited to those for which reimbursement may be claimed under Title XIX of the federal Social Security Act at an enhanced rate for services delivered by skilled professional medical personnel. Notwithstanding any other law, this section shall be implemented only if, and to the extent that, the department determines that federal financial participation, as provided under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available. +(e) (1) The State Department of Health Care Services shall seek any necessary federal approvals for child welfare agencies to appropriately claim enhanced federal Title XIX funds for services provided pursuant to this section. +(2) Commencing in the fiscal year immediately following the fiscal year in which the necessary federal approval pursuant to paragraph (1) is secured, county child welfare agencies shall provide health care oversight and coordination services pursuant to this section, and may accomplish this through agreements with local public health agencies. +(f) (1) Notwithstanding Section 10101, prior to the 2011–12 fiscal year, there shall be no required county match of the nonfederal cost of this program. +(2) Commencing in the 2011–12 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. +SEC. 3.5. +Section 16501.3 of the Welfare and Institutions Code is amended to read: +16501.3. +(a) The State Department of Social Services shall establish and maintain a program of public health nursing in the child welfare services program that meets the federal requirements for the provision of health care to minor and nonminor dependents in foster care consistent with Section 30026.5 of the Government Code. The purpose of the public health nursing program shall be to promote and enhance the physical, mental, dental, and developmental well-being of children in the child welfare system. +(b) Under this program, counties shall use the services of a foster care public health nurse. The foster care public health nurse shall work with the appropriate child welfare services workers to coordinate health care services and serve as a liaison with health care professionals and other providers of health-related services. This shall include coordination with county mental health plans and local health jurisdictions, as appropriate. In order to fulfill these duties, the foster care public health nurse shall have access to the child’s medical, dental, and mental health care information, in a manner that is consistent with all relevant privacy requirements. +(c) The duties of a foster care public health nurse shall include, but need not be limited to, the following: +(1) Documenting that each child in foster care receives initial and followup health screenings that meet reasonable standards of medical practice. +(2) Collecting health information and other relevant data on each foster child as available, receiving all collected information to determine appropriate referral and services, and expediting referrals to providers in the community for early intervention services, specialty services, dental care, mental health services, and other health-related services necessary for the child. +(3) Participating in medical care planning and coordinating for the child. This may include, but is not limited to, assisting case workers in arranging for comprehensive health and mental health assessments, interpreting the results of health assessments or evaluations for the purpose of case planning and coordination, facilitating the acquisition of any necessary court authorizations for procedures or medications, monitoring and oversight of psychotropic medications, advocating for the health care needs of the child, and ensuring the creation of linkage among various providers of care. +(4) Providing followup contact to assess the child’s progress in meeting treatment goals. +(5) At the request of and under the direction of a nonminor dependent, as described in subdivision (v) of Section 11400, assisting the nonminor dependent in accessing physical health and mental health care, coordinating the delivery of health and mental health care services, advocating for the health and mental health care that meets the needs of the nonminor dependent, assisting the nonminor dependent to make informed decisions about his or her health care by, at a minimum, providing educational materials, and assisting the nonminor dependent to assume responsibility for his or her ongoing physical and mental health care management. +(d) The services provided by foster care public health nurses under this section shall be limited to those for which reimbursement may be claimed under Title XIX of the federal Social Security Act at an enhanced rate for services delivered by skilled professional medical personnel. Notwithstanding any other law, this section shall be implemented only if, and to the extent that, the department determines that federal financial participation, as provided under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available. +(e) (1) The State Department of Health Care Services shall seek any necessary federal approvals for child welfare agencies to appropriately claim enhanced federal Title XIX funds for services provided pursuant to this section. +(2) Commencing in the fiscal year immediately following the fiscal year in which the necessary federal approval pursuant to paragraph (1) is secured, county child welfare agencies shall provide health care oversight and coordination services pursuant to this section, and may accomplish this through agreements with local public health agencies. +(f) (1) Notwithstanding Section 10101, prior to the 2011–12 fiscal year, there shall be no required county match of the nonfederal cost of this program. +(2) Commencing in the 2011–12 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. +(g) Public health nurses shall receive training developed pursuant to subdivision (d) of Section 16501.4. +SEC. 4. +Section 3.5 of this bill incorporates amendments to Section 16501.3 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 238. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16501.3 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 238, in which case Section 3 of this bill shall not become operative. +SEC. 5. +To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.","Existing law requires the State Department of Social Services to establish a program of public health nursing in the child welfare services program, and requires counties to use the services of the foster care public health nurse under this program. Existing law requires the foster care public health nurse to perform specified duties, including participating in medical care planning and coordinating for a child in foster care. +This bill would authorize a foster care public health nurse, as part of his or her requirement to participate in medical care planning and coordinating for a child, to monitor and oversee the child’s use of psychotropic medications. The bill would also require a foster care public health nurse to assist a nonminor dependent to make informed decisions about his or her health care. By imposing this additional duty on foster care public health nurses, this bill would impose a state-mandated local program. +Existing law restricts the disclosure of medical and mental health information by providers of health care and mental health care services, but authorizes disclosure of this information to county social workers, probation officers, or any other person who is legally authorized to have custody and care of a minor who is in temporary custody or subject to the jurisdiction of the juvenile court, for the purpose of coordinating medical treatment and health care, mental health, and developmental disability services for the minor. +This bill would authorize the disclosure of this health care and mental health care information to a foster care public health nurse, as specified. +This bill would incorporate changes to Section 16501.3 of the Welfare and Institutions Code proposed by both this bill and SB 238, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 56.103 of the Civil Code, and to amend Sections 5328.04 and 16501.3 of the Welfare and Institutions Code, relating to child welfare services." +81,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 49013 of the Education Code is amended to read: +49013. +(a) A complaint of noncompliance with the requirements of this article may be filed with the principal of a school under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. +(b) A complaint may be filed anonymously if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with the requirements of this article. +(c) A complainant not satisfied with the decision of a public school may appeal the decision to the department and shall receive a written appeal decision within 60 days of the department’s receipt of the appeal. +(d) If a public school finds merit in a complaint, or the department finds merit in an appeal, the public school shall provide a remedy to all affected pupils, parents, and guardians that, where applicable, includes reasonable efforts by the public school to ensure full reimbursement to all affected pupils, parents, and guardians, subject to procedures established through regulations adopted by the state board. +(e) Information regarding the requirements of this article shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. +(f) Public schools shall establish local policies and procedures to implement the provisions of this section on or before March 1, 2013. A public school shall not establish a local policy or procedure pursuant to this subdivision that authorizes the public school to resolve a complaint filed pursuant to this section, whether formally or informally, by providing a remedy to the complainant without also providing a remedy to all affected pupils, parents, and guardians, as required by subdivision (d). +(g) The Superintendent shall have all power and authority necessary to ensure that, when the department finds merit in an appeal filed pursuant to this section, the complaint is resolved pursuant to subdivision (d) in a timely manner. +(h) If the department finds merit in an appeal filed pursuant to this section, the department’s written decision shall identify with specificity the corrective action that the public school shall take to confirm that it has provided a remedy to all affected pupils, including, if applicable, specific direction regarding the reasonable efforts the public school shall take to ensure full reimbursement to all affected pupils. +(i) If the public school failed to address an issue raised in the complaint filed pursuant to this section in the public school’s decision about that complaint, the department shall require the public school to respond to the issue within 10 business days and, after providing this opportunity to respond, the department shall make findings on the merit of the appeal without remanding the complaint to the public school for further consideration, regardless of whether the public school provided the required response. +(j) If the complainant submits evidence in conjunction with the appeal that is related to an issue raised in the underlying complaint and that is presented for the first time on appeal, the department shall determine whether there is merit in the appeal regardless of the newly submitted evidence. If the department determines there is merit in the appeal, the department shall resolve the underlying complaint. If the department determines there is not merit in the appeal, the department shall send the underlying complaint and new evidence back to the public school for further consideration. +(k) If the complainant raises one or more issues on appeal that were not presented in the underlying complaint, the department shall remand any new issue to the public school to treat as a newly filed complaint as provided in this section, but shall resolve the remainder of the appeal as provided in this section. +(l) A public school shall provide to the department, within 60 days of the department’s written decision, evidence documenting that the public school has complied with any corrective action specified in the written decision and the requirements of subdivision (d). +(m) If the public school has not satisfied the requirement in subdivision (l), the superintendent of the school district or the county office of education or the principal of the charter school, as appropriate based on the public school involved in the underlying complaint, shall appear at the next regularly scheduled meeting of the governing board or body of the public school to explain the public school’s failure to satisfy that requirement. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law prohibits a pupil enrolled in a public school from being required to pay a pupil fee for participation in an educational activity. Existing law authorizes a complaint of noncompliance to be filed with the principal of a school for violation of that prohibition, as specified, and required public schools to establish local policies and procedures to implement the complaint provisions. +This bill would prohibit a public school from establishing a local policy or procedure that authorizes the public school to resolve a complaint by providing a remedy to the complainant without also providing a remedy to all affected pupils, parents, and guardians, as provided. The bill would authorize the Superintendent of Public Instruction to ensure that an appeal that the State Department of Education finds merit in is resolved in a timely manner, as specified. The bill would establish procedures for appeals, including, among others, requiring a public school to provide to the department, within 60 days of the department’s written decision, evidence documenting that the public school has complied with any corrective action specified in the written decision. By imposing additional duties on public schools and local educational agencies, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 49013 of the Education Code, relating to pupil fees." +82,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17140.4 is added to the Revenue and Taxation Code, to read: +17140.4. +For taxable years beginning on or after January 1, 2016, Section 529A of the Internal Revenue Code, relating to qualified ABLE programs, added by Section 102 of Division B of Public Law 113-295, shall apply, except as otherwise provided. +(a) Section 529A(a) of the Internal Revenue Code is modified as follows: +(1) By substituting the phrase “under this part and Part 11 (commencing with Section 23001)” in lieu of the phrase “under this subtitle.” +(2) By substituting “Article 2 (commencing with Section 23731)” in lieu of “Section 511.” +(b) Section 529A(c)(3)(A) of the Internal Revenue Code is modified by substituting “2.5 percent” in lieu of “10 percent.” +(c) A copy of the report required to be filed with the Secretary of the Treasury under Section 529A(d) of the Internal Revenue Code, relating to reports, shall be filed with the Franchise Tax Board at the same time and in the same manner as specified in that section. +SEC. 2. +Chapter 15 (commencing with Section 4875) is added to Division 4.5 of the Welfare and Institutions Code, to read: +CHAPTER 15. Qualified ABLE Program +4875. +For purposes of this chapter: +(a) “ABLE account” or “account” means the account established and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account. +(b) “Administrative fund” means the fund used to administer this chapter. +(c) “Board” means the California ABLE Act Board established under this chapter. +(d) “California ABLE Program Trust” or “ABLE program trust” means the trust created pursuant to this chapter. +(e) “Designated beneficiary” means the eligible individual who established an ABLE account and is the owner of the account. +(f) “Eligible individual” means an individual who is eligible under the program for a taxable year if during that taxable year both of the following criteria are met: +(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 26 years of age. +(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act. +(g) “Federal ABLE Act” means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014. +(h) “Investment management” means the functions performed by a manager contracted to perform functions delegated by the board. +(i) “Investment manager” means a manager contracted to perform functions delegated by the board. +(j) “Program fund” means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust. +(k) “Qualified ABLE Program” or “program” means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code. +(l) “Qualified disability expenses” means any expenses related to the eligible individual’s blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including expenses related to education, housing, transportation, employment training and support, assistive technology and personal support services, health, prevention and wellness, financial management and administrative services, legal fees, expenses for oversight and monitoring, funeral and burial expenses, and other expenses, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act. +4876. +There is hereby created the California ABLE Act Board that consists of the Treasurer, the Director of Finance, the Controller, the Director of Developmental Services, the Chairperson of the State Council on Developmental Disabilities, the Director of Rehabilitation, and the Chair of the State Independent Living Council, or their designees. The Treasurer shall serve as chair of the board. +4879. +(a) Under the program, a person may make contributions for a taxable year, for the benefit of an individual who is an eligible individual for that taxable year, to an ABLE account that is established for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account if both of the following criteria are met: +(1) The designated beneficiary is limited to one ABLE account for purposes of this chapter. +(2) The ABLE account is established only for a designated beneficiary who is a resident of this state. +(b) A contribution shall not be accepted if either of the following occurs: +(1) The contribution is not in cash. +(2) Except in the case of contributions under Section 529A(c)(1)(C) of the Internal Revenue Code, relating to change in designated beneficiaries or programs, the contribution to an ABLE account would result in aggregate contributions from all contributors to the ABLE account for the taxable year exceeding the amount in effect under Section 2503(b) of the Internal Revenue Code, relating to exclusion from gifts, for the calendar year in which the taxable year begins. +(c) The designated beneficiary shall retain ownership of all contributions made to the designated beneficiary’s ABLE account to the date of utilization for qualified disability expenses, and all interest derived from the investment of the contributions to the designated beneficiary’s ABLE account shall be deemed to be held in the ABLE program trust for the benefit of the designated beneficiary. Neither the contributions, nor any interest derived therefrom, may be pledged as collateral for any loan. +(d) The board shall develop adequate safeguards to prevent aggregate contributions on behalf of a designated beneficiary in excess of the maximum contribution limits necessary to provide for the qualified disability expenses of the designated beneficiary. For purposes of this subdivision, aggregate contributions include contributions under any prior qualified ABLE program of any state or agency or instrumentality thereof. +4881. +(a) The board shall provide an annual listing of distributions to individuals with respect to an interest in an ABLE account to the Franchise Tax Board at a time and in a manner and form as specified by the Franchise Tax Board. The taxpayers’ identification numbers obtained in connection with an ABLE account shall be used exclusively for state and federal tax administration purposes. +(b) The board shall make a report to the appropriate individual of any distribution to any individual with respect to an interest in an ABLE account, at a time and in a form and manner as required by the Franchise Tax Board. +(c) The board shall report annually to each designated beneficiary all of the following: +(1) The value of the designated beneficiary’s account. +(2) The interest earned thereon. +(3) The rate of return of the investments in the designated beneficiary’s account for that reporting period. +(4) Information on investments and qualified disability expenses that designated beneficiaries can use to set savings goals and contribution amounts. +(d) The board shall provide a means for designated beneficiaries to express concerns or comments regarding the ABLE program trust and any information required to be reported by this section. +4883. +This act shall be construed liberally in order to effectuate its legislative intent. The purposes of this act and all of its provisions with respect to powers granted shall be broadly interpreted to effectuate the intent and purposes of the federal ABLE Act and not as a limitation of those powers. +SEC. 3. +This act shall only become effective if Assembly Bill 449 of the 2015–16 Regular Session is enacted and becomes effective.","The Personal Income Tax Law and the Corporation Tax Law, in specified conformity with federal income tax laws regarding qualified tuition programs, provide that distributions from a qualified tuition program are generally not included in the income of the donor or the beneficiary, as specified. +Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), for taxable years beginning on or after January 1, 2014, encourages and assists individuals and families to save private funds for the purpose of supporting persons with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a beneficiary of a Qualified ABLE Program established and maintained by a state, as specified. +This bill, for taxable years beginning on or after January 1, 2016, would conform to these federal income tax law provisions relating to the ABLE Act under the Personal Income Tax Law, as provided. The bill would create the ABLE Act Board and would require the board provide an annual listing of distributions to individuals that have an interest in an ABLE account to the Franchise Tax Board, as provided. +This bill would provide that it will only become effective if AB 449 is enacted and becomes effective.","An act to add Section 17140.4 to the Revenue and Taxation Code, and to add Chapter 15 (commencing with Section 4875) to Division 4.5 of the Welfare and Institutions Code, relating to taxation." +83,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Penalty assessments have been used to fund an increasing number of programs that should properly be funded by broad-based financing mechanisms. +(b) The ever-increasing reliance on penalty assessments to fund core state programs is a regressive financing mechanism, and is particularly harmful to individuals who can least afford these assessments. High fines and assessments can perpetuate a cycle of poverty and inequality, given that individuals with lower incomes are more likely to miss payments and suffer the consequences. +(c) It is in the state’s interest to ensure funding for emergency medical air transportation is sufficient to maintain access to these critical services for Medi-Cal beneficiaries and all individuals in California. +(d) Therefore, it is the intent of the Legislature to identify alternative funding sources for emergency medical air transportation and cease reliance on penalty assessment revenue to fund these services. +(e) Accordingly, it is the intent of the Legislature to cease the collection of penalty assessments on January 1, 2018, pursuant to the Emergency Medical Air Transportation Act. +SEC. 2. +Section 76000.10 of the Government Code is amended to read: +76000.10. +(a) This section shall be known, and may be cited, as the Emergency Medical Air Transportation Act. +(b) For purposes of this section: +(1) “Department” means the State Department of Health Care Services. +(2) “Director” means the Director of Health Care Services. +(3) “Provider” means a provider of emergency medical air transportation services. +(4) “Rotary wing” means a type of aircraft, commonly referred to as a helicopter, that generates lift through the use of wings, known as rotor blades, that revolve around a mast. +(5) “Fixed wing” means a type of aircraft, commonly referred to as an airplane, that generates lift through the use of the forward motion of the aircraft and wings that do not revolve around a mast but are fixed in relation to the fuselage of the aircraft. +(6) “Air mileage rate” means the per-mileage reimbursement rate paid for services rendered by rotary-wing and fixed-wing providers. +(c) (1) For purposes of implementing this section, a penalty of four dollars ($4) shall be imposed upon every conviction for a violation of the Vehicle Code or a local ordinance adopted pursuant to the Vehicle Code, except parking offenses subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. +(2) The penalty described in this subdivision shall be in addition to the state penalty assessed pursuant to Section 1464 of the Penal Code. However, this penalty shall not be included in the base fine used to calculate the state penalty assessment pursuant to subdivision (a) of Section 1464 of the Penal Code, the state surcharge levied pursuant to Section 1465.7 of the Penal Code, and the state court construction penalty pursuant to Section 70372 of this code, and to calculate the other additional penalties levied pursuant to this chapter. +(d) The county or the court that imposed the fine shall, in accordance with the procedures set out in Section 68101, transfer moneys collected pursuant to this section to the Treasurer for deposit into the Emergency Medical Air Transportation Act Fund, which is hereby established in the State Treasury. Notwithstanding Section 16305.7, the Emergency Medical Air Transportation Act Fund shall include interest and dividends earned on money in the fund. +(e) (1) The Emergency Medical Air Transportation Act Fund shall be administered by the State Department of Health Care Services. Moneys in the Emergency Medical Air Transportation Act Fund shall be made available, upon appropriation by the Legislature, to the department to be used as follows: +(A) For payment of the administrative costs of the department in administering this section. +(B) Twenty percent of the fund remaining after payment of administrative costs pursuant to subparagraph (A) shall be used to offset the state portion of the Medi-Cal reimbursement rate for emergency medical air transportation services. +(C) Eighty percent of the fund remaining after payment of administrative costs pursuant to subparagraph (A) shall be used to augment emergency medical air transportation reimbursement payments made through the Medi-Cal program, as set forth in paragraphs (2) and (3). +(2) (A) The department shall seek to obtain federal matching funds by using the moneys in the Emergency Medical Air Transportation Act Fund for the purpose of augmenting Medi-Cal reimbursement paid to emergency medical air transportation providers. +(B) The director shall do all of the following: +(i) By March 1, 2011, meet with medical air transportation providers to determine the most appropriate methodology to distribute the funds for medical air services. +(ii) Implement the methodology determined most appropriate in a timely manner. +(iii) Develop the methodology in collaboration with the medical air providers. +(iv) Submit any state plan amendments or waiver requests that may be necessary to implement this section. +(v) Submit any state plan amendment or waiver request that may be necessary to implement this section. +(vi) Seek federal approvals or waivers as may be necessary to implement this section and to obtain federal financial participation to the maximum extent possible for the payments under this section. If federal approvals are not received, moneys in the fund may be distributed pursuant to this section until federal approvals are received. +(C) The director may give great weight to the needs of the emergency medical air services providers, as discussed through the development of the methodology. +(3) (A) Upon appropriation by the Legislature, the department shall use moneys in the Emergency Medical Air Transportation Act Fund and any federal matching funds to increase the Medi-Cal reimbursement for emergency medical air transportation services in an amount not to exceed normal and customary charges charged by the providers. +(B) Notwithstanding any other law, and pursuant to this section, the department shall increase the Medi-Cal reimbursement for emergency medical air transportation services if both of the following conditions are met: +(i) Moneys in the Emergency Medical Air Transportation Act Fund will cover the cost of increased payments pursuant to subparagraph (A). +(ii) The state does not incur any General Fund expense to pay for the Medi-Cal emergency medical air transportation services increase. +(f) The assessment of penalties pursuant to this section shall terminate on January 1, 2018. Penalties assessed before January 1, 2018, shall continue to be collected, administered, and distributed pursuant to this section until exhausted or until June 30, 2019, whichever occurs first. On June 30, 2019, moneys remaining unexpended and unencumbered in the Emergency Medical Air Transportation Act Fund shall be transferred to the General Fund, to be available, upon appropriation by the Legislature, for the purposes of augmenting Medi-Cal reimbursement for emergency medical air transportation and related costs, generally. +(g) Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, the department may implement, interpret, or make specific this section and any applicable federal waivers and state plan amendments by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions without taking regulatory action. +(h) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 3. +Section 10752 is added to the Welfare and Institutions Code, to read: +10752. +The department shall, by March 1, 2017, in coordination with the Department of Finance, develop a funding plan that ensures adequate reimbursement to emergency medical air transportation providers following the termination of penalty assessments pursuant to subdivision (f) of Section 76000.10 of the Government Code on January 1, 2018.","Under existing law, the Emergency Medical Air Transportation Act, a penalty of $4 is imposed upon every conviction for a violation of the Vehicle Code, or a local ordinance adopted pursuant to the Vehicle Code, other than a parking offense. Existing law requires the county or the court that imposed the fine to transfer the moneys collected pursuant to this act to the Emergency Medical Air Transportation Act Fund. Under existing law, the assessment of these penalties will terminate on January 1, 2016, and any moneys unexpended and unencumbered in the Emergency Medical Air Transportation Act Fund on June 30, 2017, will transfer to the General Fund. Existing law repeals the Emergency Medical Air Transportation Act on January 1, 2018. +This bill would extend the dates of the Emergency Medical Air Transportation Act, so that the assessment of the penalties will terminate commencing January 1, 2018, and any moneys unexpended and unencumbered in the Emergency Medical Air Transportation Act Fund on June 30, 2019, will transfer to the General Fund. The bill would extend the operation of the Emergency Medical Air Transportation Act until January 1, 2020. +The bill would also make legislative findings and declarations as to the harmful effects of relying on penalty assessments to fund core state programs and the necessity to identify alternative funding sources for emergency medical air transportation services. The bill would require the State Department of Health Care Services and the Department of Finance to develop, by March 1, 2017, a funding plan that ensures adequate reimbursement to emergency medical air transportation providers following the expiration of the Emergency Medical Air Transportation Act on January 1, 2020.","An act to amend Section 76000.10 of the Government Code, and to add Section 10752 to the Welfare and Institutions Code, relating to emergency services." +84,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Existing law requires licensed pest control operators to provide to tenants written notification that includes the pest to be targeted, the pesticide to be used, the frequency of its use, and a health and safety statement prior to a pesticide application. +(b) Landlords or authorized agents may apply pesticides without using the services of a licensed pest control operator. There is no requirement for landlords or authorized agents to notify tenants when pesticides are applied to their units or common areas. +(c) It is therefore the intent of this bill to ensure that when pesticides are about to be applied to rental property by the landlord or an authorized agent, rather than by a licensed pest control operator, potentially affected tenants are provided with substantially the same written notification that they would have received under existing law had the pesticides been applied by a pest control operator. +SEC. 2. +Section 1940.8.5 is added to the Civil Code, to read: +1940.8.5. +(a) For purposes of this section, the following terms have the following meanings: +(1) “Adjacent dwelling unit” means a dwelling unit that is directly beside, above, or below a particular dwelling unit. +(2) “Authorized agent” means an individual, organization, or other entity that has entered into an agreement with a landlord to act on the landlord’s behalf in relation to the management of a residential rental property. +(3) “Broadcast application” means spreading pesticide over an area greater than two square feet. +(4) “Electronic delivery” means delivery of a document by electronic means to the electronic address at or through which a tenant, landlord, or authorized agent has authorized electronic delivery. +(5) “Landlord” means an owner of residential rental property. +(6) “Pest” means a living organism that causes damage to property or economic loss, or transmits or produces diseases. +(7) “Pesticide” means any substance, or mixture of substances, that is intended to be used for controlling, destroying, repelling, or mitigating any pest or organism, excluding antimicrobial pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)). +(8) “Licensed pest control operator” means anyone licensed by the state to apply pesticides. +(b) (1) A landlord or authorized agent that applies any pesticide to a dwelling unit without a licensed pest control operator shall provide a tenant of that dwelling unit and, if making broadcast applications, or using total release foggers or aerosol sprays, any tenant in an adjacent dwelling unit that could reasonably be impacted by the pesticide use with written notice that contains the following statements and information using words with common and everyday meaning: +(A) The pest or pests to be controlled. +(B) The name and brand of the pesticide product proposed to be used. +(C) “State law requires that you be given the following information: + + +CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. +If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222). +For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).” + + +(D) The approximate date, time, and frequency with which the pesticide will be applied. +(E) The following notification: +“The approximate date, time, and frequency of this pesticide application is subject to change.” +(2) At least 24 hours prior to application of the pesticide to the dwelling unit, the landlord or authorized agent shall provide the notice to the tenant of the dwelling unit, as well as any tenants in adjacent units that are required to be notified pursuant to paragraph (1), in at least one of the following ways: +(A) First-class mail. +(B) Personal delivery to the tenant, someone of suitable age and discretion at the premises, or under the usual entry door of the premises. +(C) Electronic delivery, if an electronic mailing address has been provided by the tenant. +(D) Posting a written notice in a conspicuous place at the unit entry in a manner in which a reasonable person would discover the notice. +(3) (A) Upon receipt of written notification, the tenant may agree in writing, or if notification was electronically delivered, the tenant may agree through electronic delivery, to allow the landlord or authorized agent to apply a pesticide immediately or at an agreed upon time. +(B) (i) Prior to receipt of written notification, the tenant and the landlord or authorized agent may agree orally to an immediate pesticide application if a tenant requests that the pesticide be applied before 24-hour advance notice can be given. The oral agreement shall include the name and brand of the pesticide product proposed to be used. +(ii) With respect to a tenant entering into an oral agreement for immediate pesticide application, the landlord or authorized agent, no later than the time of pesticide application, shall leave the written notice specified in paragraph (1) in a conspicuous place in the dwelling unit, or at the entrance of the unit in a manner in which a reasonable person would discover the notice. +(iii) If any tenants in adjacent dwelling units are also required to be notified pursuant to this subdivision, the landlord or authorized agent shall provide those tenants with this notice as soon as practicable after the oral agreement is made authorizing immediate pesticide application, but in no case later than commencement of application of the pesticide. +(4) (A) This subdivision shall not be construed to require an association, as defined in Section 4080, to provide notice of pesticide use in a separate interest, as defined in Section 4185, within a common interest development, as defined in Section 4100. +(B) Notwithstanding subparagraph (A), an association, as defined in Section 4080, that has taken title to a separate interest, as defined in Section 4185, shall provide notification to tenants as specified in this subdivision. +(c) (1) A landlord or authorized agent that applies any pesticide to a common area without a licensed pest control operator, excluding routine pesticide applications described in subdivision (d), shall post written notice in a conspicuous place in the common area in which a pesticide is to be applied that contains the following statements and information using words with common and everyday meaning: +(A) The pest or pests to be controlled. +(B) The name and brand of the pesticide product proposed to be used. +(C) “State law requires that you be given the following information: + + +CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. +If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222). +For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).” + + +(D) The approximate date, time, and frequency with which the pesticide will be applied. +(2) (A) The notice shall be posted before a pesticide application in a common area and shall remain posted for at least 24 hours after the pesticide is applied. +(B) Landlords and their authorized agents are not liable for any notice removed from a common area without the knowledge or consent of the landlord or authorized agent. +(C) If the pest poses an immediate threat to health and safety, thereby making compliance with notification prior to the pesticide application required in subparagraph (A) unreasonable, a landlord or authorized agent shall post the notification as soon as practicable, but not later than one hour after the pesticide is applied. +(3) If a common area lacks a suitable place to post a notice, then the landlord shall provide the notice to each dwelling unit in at least one of the following ways: +(A) First-class mail. +(B) Personal delivery to the tenant, someone of suitable age and discretion at the premises, or under the usual entry door of the premises. +(C) Electronic delivery, if an electronic mailing address has been provided by the tenant. +(D) Posting a written notice in a conspicuous place at the unit entry in a manner in which a reasonable person would discover the notice. +(4) This subdivision shall not be construed to require any landlord or authorized agent, or an association, as defined in Section 4080, to provide notice of pesticide use in common areas within a common interest development, as defined in Section 4100. +(d) (1) A landlord or authorized agent that routinely applies pesticide in a common area on a set schedule without a licensed pest control operator shall provide a tenant in each dwelling unit with written notice that contains the following statements and information using words with common and everyday meaning: +(A) The pest or pests to be controlled. +(B) The name and brand of the pesticide product proposed to be used. +(C) “State law requires that you be given the following information: + + +CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. +If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222). +For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).” + + +(D) The schedule pursuant to which the pesticide will be routinely applied. +(2) (A) The landlord or authorized agent shall provide the notice to both of the following: +(i) Existing tenants prior to the initial pesticide application. +(ii) Each new tenant prior to entering into a lease agreement. +(B) The landlord or authorized agent shall provide the notice to the tenant in at least one of the following ways: +(i) First-class mail. +(ii) Personal delivery to the tenant, someone of suitable age and discretion at the premises, or under the usual entry door of the premises. +(iii) Electronic delivery, if an electronic mailing address has been provided by the tenant. +(iv) Posting a written notice in a conspicuous place at the unit entry in a manner in which a reasonable person would discover the notice. +(C) If the pesticide to be used is changed, a landlord or authorized agent shall provide a new notice pursuant to paragraph (1). +(D) This subdivision shall not be construed to require any landlord or authorized agent, or an association, as defined in Section 4080, to provide notice of pesticide use in common areas within a common interest development, as defined in Section 4100. +(e) Nothing in this section abrogates the responsibility of a registered structural pest control company to abide by the notification requirements of Section 8538 of the Business and Professions Code. +(f) Nothing in this section authorizes a landlord or authorized agent to enter a tenant’s dwelling unit in violation of Section 1954. +(g) If a tenant is provided notice in compliance with this section, a landlord or authorized agent is not required to provide additional information, and the information shall be deemed adequate to inform the tenant regarding the application of pesticides.","Existing law regulates the hiring of dwelling units, as defined. Existing law requires a landlord of a residential dwelling unit to provide a new tenant with certain disclosures, including, but not limited to, specified notice from a registered structural pest control company regarding the use of pesticides at the dwelling unit if a contract for periodic pest control service has been executed. +This bill, with certain exceptions, would require the landlord or the landlord’s authorized agent, as defined, to provide a tenant, and, if certain conditions are met, any tenant of adjacent units, with specified notice of the use of pesticides at the dwelling unit if the landlord or authorized agent applies any pesticide without a licensed pest control operator. +The bill, with certain exceptions, would require the posting of a similar notice at least 24 hours prior to application of any pesticide to a common area without a licensed pest control operator, unless the pest poses an immediate threat to health and safety, in which case the notice would be required to be posted as soon as practicable, but not later than one hour after the pesticide is applied. For routine application pursuant to a schedule in common areas, the bill would require a notification to existing tenants prior to the initial routine application and to new tenants at the time that the lease agreement is entered into.","An act to add Section 1940.8.5 to the Civil Code, relating to rental property." +85,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1091 of the Government Code is amended to read: +1091. +(a) An officer shall not be deemed to be interested in a contract entered into by a body or board of which the officer is a member within the meaning of this article if the officer has only a remote interest in the contract and if the fact of that interest is disclosed to the body or board of which the officer is a member and noted in its official records, and thereafter the body or board authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer or member with the remote interest. +(b) As used in this article, “remote interest” means any of the following: +(1) That of an officer or employee of a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), pursuant to Section 501(c)(5) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a nonprofit corporation, except as provided in paragraph (8) of subdivision (a) of Section 1091.5. +(2) That of an employee or agent of the contracting party, if the contracting party has 10 or more other employees and if the officer was an employee or agent of that contracting party for at least three years prior to the officer initially accepting his or her office and the officer owns less than 3 percent of the shares of stock of the contracting party; and the employee or agent is not an officer or director of the contracting party and did not directly participate in formulating the bid of the contracting party. +For purposes of this paragraph, time of employment with the contracting party by the officer shall be counted in computing the three-year period specified in this paragraph even though the contracting party has been converted from one form of business organization to a different form of business organization within three years of the initial taking of office by the officer. Time of employment in that case shall be counted only if, after the transfer or change in organization, the real or ultimate ownership of the contracting party is the same or substantially similar to that which existed before the transfer or change in organization. For purposes of this paragraph, stockholders, bondholders, partners, or other persons holding an interest in the contracting party are regarded as having the “real or ultimate ownership” of the contracting party. +(3) That of an employee or agent of the contracting party, if all of the following conditions are met: +(A) The agency of which the person is an officer is a local public agency located in a county with a population of less than 4,000,000. +(B) The contract is competitively bid and is not for personal services. +(C) The employee or agent is not in a primary management capacity with the contracting party, is not an officer or director of the contracting party, and holds no ownership interest in the contracting party. +(D) The contracting party has 10 or more other employees. +(E) The employee or agent did not directly participate in formulating the bid of the contracting party. +(F) The contracting party is the lowest responsible bidder. +(4) That of a parent in the earnings of his or her minor child for personal services. +(5) That of a landlord or tenant of the contracting party. +(6) That of an attorney of the contracting party or that of an owner, officer, employee, or agent of a firm that renders, or has rendered, service to the contracting party in the capacity of stockbroker, insurance agent, insurance broker, real estate agent, or real estate broker, if these individuals have not received and will not receive remuneration, consideration, or a commission as a result of the contract and if these individuals have an ownership interest of 10 percent or more in the law practice or firm, stock brokerage firm, insurance firm, or real estate firm. +(7) That of a member of a nonprofit corporation formed under the Food and Agricultural Code or a nonprofit corporation formed under the Corporations Code for the sole purpose of engaging in the merchandising of agricultural products or the supplying of water. +(8) That of a supplier of goods or services when those goods or services have been supplied to the contracting party by the officer for at least five years prior to his or her election or appointment to office. +(9) That of a person subject to the provisions of Section 1090 in any contract or agreement entered into pursuant to the provisions of the California Land Conservation Act of 1965. +(10) Except as provided in subdivision (b) of Section 1091.5, that of a director of, or a person having an ownership interest of, 10 percent or more in a bank, bank holding company, or savings and loan association with which a party to the contract has a relationship of borrower or depositor, debtor or creditor. +(11) That of an engineer, geologist, or architect employed by a consulting engineering or architectural firm. This paragraph applies only to an employee of a consulting firm who does not serve in a primary management capacity, and does not apply to an officer or director of a consulting firm. +(12) That of an elected officer otherwise subject to Section 1090, in any housing assistance payment contract entered into pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) as amended, provided that the housing assistance payment contract was in existence before Section 1090 became applicable to the officer and will be renewed or extended only as to the existing tenant, or, in a jurisdiction in which the rental vacancy rate is less than 5 percent, as to new tenants in a unit previously under a Section 8 contract. This section applies to any person who became a public official on or after November 1, 1986. +(13) That of a person receiving salary, per diem, or reimbursement for expenses from a government entity. +(14) That of a person owning less than 3 percent of the shares of a contracting party that is a for-profit corporation, provided that the ownership of the shares derived from the person’s employment with that corporation. +(15) That of a party to litigation involving the body or board of which the officer is a member in connection with an agreement in which all of the following apply: +(A) The agreement is entered into as part of a settlement of litigation in which the body or board is represented by legal counsel. +(B) After a review of the merits of the agreement and other relevant facts and circumstances, a court of competent jurisdiction finds that the agreement serves the public interest. +(C) The interested member has recused himself or herself from all participation, direct or indirect, in the making of the agreement on behalf of the body or board. +(16) That of a person who is an officer or employee of an investor-owned utility that is regulated by the Public Utilities Commission with respect to a contract between the investor-owned utility and a state, county, district, judicial district, or city body or board of which the person is a member, if the contract requires the investor-owned utility to provide energy efficiency rebates or other type of program to encourage energy efficiency that benefits the public when all of the following apply: +(A) The contract is funded by utility consumers pursuant to regulations of the Public Utilities Commission. +(B) The contract provides no individual benefit to the person that is not also provided to the public, and the investor-owned utility receives no direct financial profit from the contract. +(C) The person has recused himself or herself from all participation in making the contract on behalf of the state, county, district, judicial district, or city body or board of which he or she is a member. +(D) The contract implements a program authorized by the Public Utilities Commission. +(c) This section is not applicable to any officer interested in a contract who influences or attempts to influence another member of the body or board of which he or she is a member to enter into the contract. +(d) The willful failure of an officer to disclose the fact of his or her interest in a contract pursuant to this section is punishable as provided in Section 1097. That violation does not void the contract unless the contracting party had knowledge of the fact of the remote interest of the officer at the time the contract was executed. +(e) This section shall be repealed on January 1, 2017. +SEC. 2. +Section 1091 is added to the Government Code, to read: +1091. +(a) An officer shall not be deemed to be interested in a contract entered into by a body or board of which the officer is a member within the meaning of this article if the officer has only a remote interest in the contract and if the fact of that interest is disclosed to the body or board of which the officer is a member and noted in its official records, and thereafter the body or board authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer or member with the remote interest. +(b) As used in this article, “remote interest” means any of the following: +(1) That of an officer or employee of a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), pursuant to Section 501(c)(5) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a nonprofit corporation, except as provided in paragraph (8) of subdivision (a) of Section 1091.5. +(2) That of an employee or agent of the contracting party, if the contracting party has 10 or more other employees and if the officer was an employee or agent of that contracting party for at least three years prior to the officer initially accepting his or her office and the officer owns less than 3 percent of the shares of stock of the contracting party; and the employee or agent is not an officer or director of the contracting party and did not directly participate in formulating the bid of the contracting party. +For purposes of this paragraph, time of employment with the contracting party by the officer shall be counted in computing the three-year period specified in this paragraph even though the contracting party has been converted from one form of business organization to a different form of business organization within three years of the initial taking of office by the officer. Time of employment in that case shall be counted only if, after the transfer or change in organization, the real or ultimate ownership of the contracting party is the same or substantially similar to that which existed before the transfer or change in organization. For purposes of this paragraph, stockholders, bondholders, partners, or other persons holding an interest in the contracting party are regarded as having the “real or ultimate ownership” of the contracting party. +(3) That of an employee or agent of the contracting party, if all of the following conditions are met: +(A) The agency of which the person is an officer is a local public agency located in a county with a population of less than 4,000,000. +(B) The contract is competitively bid and is not for personal services. +(C) The employee or agent is not in a primary management capacity with the contracting party, is not an officer or director of the contracting party, and holds no ownership interest in the contracting party. +(D) The contracting party has 10 or more other employees. +(E) The employee or agent did not directly participate in formulating the bid of the contracting party. +(F) The contracting party is the lowest responsible bidder. +(4) That of a public officer who is an elected member of any state or local body, board, or commission, if that public officer’s spouse, child, parent, sibling, or the spouse of the child, parent, or sibling, has a financial interest in any contract made by that public officer in his or her official capacity, or by any body, board, or commission of which that public officer is a member. +The member knows and fails to disclose, his or her interest in a contract pursuant to this paragraph is punishable as provided in Section 1097. If the member knows and willfully fails to disclose the fact of his or her interest in a contract pursuant to this paragraph is punishable as provided in Section 1097. That violation does not void the contract unless the contracting party had knowledge of the fact of the remote interest of the officer at the time the contract was executed. +(5) That of a landlord or tenant of the contracting party. +(6) That of an attorney of the contracting party or that of an owner, officer, employee, or agent of a firm that renders, or has rendered, service to the contracting party in the capacity of stockbroker, insurance agent, insurance broker, real estate agent, or real estate broker, if these individuals have not received and will not receive remuneration, consideration, or a commission as a result of the contract and if these individuals have an ownership interest of 10 percent or more in the law practice or firm, stock brokerage firm, insurance firm, or real estate firm. +(7) That of a member of a nonprofit corporation formed under the Food and Agricultural Code or a nonprofit corporation formed under the Corporations Code for the sole purpose of engaging in the merchandising of agricultural products or the supplying of water. +(8) That of a supplier of goods or services when those goods or services have been supplied to the contracting party by the officer for at least five years prior to his or her election or appointment to office. +(9) That of a person subject to the provisions of Section 1090 in any contract or agreement entered into pursuant to the provisions of the California Land Conservation Act of 1965. +(10) Except as provided in subdivision (b) of Section 1091.5, that of a director of, or a person having an ownership interest of, 10 percent or more in a bank, bank holding company, or savings and loan association with which a party to the contract has a relationship of borrower or depositor, debtor or creditor. +(11) That of an engineer, geologist, or architect employed by a consulting engineering or architectural firm. This paragraph applies only to an employee of a consulting firm who does not serve in a primary management capacity, and does not apply to an officer or director of a consulting firm. +(12) That of an elected officer otherwise subject to Section 1090, in any housing assistance payment contract entered into pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) as amended, provided that the housing assistance payment contract was in existence before Section 1090 became applicable to the officer and will be renewed or extended only as to the existing tenant, or, in a jurisdiction in which the rental vacancy rate is less than 5 percent, as to new tenants in a unit previously under a Section 8 contract. This section applies to any person who became a public official on or after November 1, 1986. +(13) That of a person receiving salary, per diem, or reimbursement for expenses from a government entity. +(14) That of a person owning less than 3 percent of the shares of a contracting party that is a for-profit corporation, provided that the ownership of the shares derived from the person’s employment with that corporation. +(15) That of a party to litigation involving the body or board of which the officer is a member in connection with an agreement in which all of the following apply: +(A) The agreement is entered into as part of a settlement of litigation in which the body or board is represented by legal counsel. +(B) After a review of the merits of the agreement and other relevant facts and circumstances, a court of competent jurisdiction finds that the agreement serves the public interest. +(C) The interested member has recused himself or herself from all participation, direct or indirect, in the making of the agreement on behalf of the body or board. +(16) That of a person who is an officer or employee of an investor-owned utility that is regulated by the Public Utilities Commission with respect to a contract between the investor-owned utility and a state, county, district, judicial district, or city body or board of which the person is a member, if the contract requires the investor-owned utility to provide energy efficiency rebates or other type of program to encourage energy efficiency that benefits the public when all of the following apply: +(A) The contract is funded by utility consumers pursuant to regulations of the Public Utilities Commission. +(B) The contract provides no individual benefit to the person that is not also provided to the public, and the investor-owned utility receives no direct financial profit from the contract. +(C) The person has recused himself or herself from all participation in making the contract on behalf of the state, county, district, judicial district, or city body or board of which he or she is a member. +(D) The contract implements a program authorized by the Public Utilities Commission. +(c) This section is not applicable to any officer interested in a contract who influences or attempts to influence another member of the body or board of which he or she is a member to enter into the contract. +(d) The willful failure of an officer to disclose the fact of his or her interest in a contract pursuant to this section is punishable as provided in Section 1097. That violation does not void the contract unless the contracting party had knowledge of the fact of the remote interest of the officer at the time the contract was executed. +(e) This section shall become operative on January 1, 2017. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law prohibits Members of the Legislature, and state, county, district, judicial district, and city officers or employees from being financially interested in a contract, as specified, made by them in their official capacity or by any body or board of which they are members, subject to specified exceptions. Existing law identifies certain remote interests that are not subject to this prohibition and other situations in which an official is not deemed to be financially interested in a contract, including, among others, that of a parent in the earnings of his or her minor child for personal services. Existing law makes a willful violation of this prohibition a crime. +This bill would, on and after January 1, 2017, instead include within the definition of remote interests that of a public officer who is an elected member of any state or local body, board, or commission, if that public officer’s spouse, child, parent, sibling, or the spouse of the child, parent, or sibling, has a financial interest in any contract made by that public officer in his or her official capacity, or by any body, board, or commission of which that public officer is a member. +(2) Existing law imposes a criminal penalty for every officer or person who willfully violates the prohibitions against making or being financially interested in contracts, as specified. +This bill would additionally provide that a member who knows and fails to disclose his or her remote interest in a contract, as defined, or knows and willfully fails to disclose the fact of his or her remote interest in a contract, as defined, is subject to criminal penalty. +By expanding these prohibitions, this bill would create a new crime, and thus, would impose a state-mandated local program. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend, repeal, and add Section 1091 of the Government Code, relating to public officers." +86,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 4.5 (commencing with Section 22175) is added to Part 3 of Division 2 of the Public Contract Code, to read: +CHAPTER 4.5. Civic Openness in Negotiations +22175. +This chapter shall be known, and may be cited, as the Civic Reporting Openness in Negotiations Efficiency Act, or CRONEY. +22176. +As used in this chapter, “civic openness in negotiations ordinance” or “COIN ordinance” means an ordinance adopted by a city, county, city and county, or special district that requires any of the following as a part of any collective bargaining process undertaken pursuant to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code): +(a) The preparation of an independent economic analysis describing the fiscal costs of benefit and pay components currently provided to members of a recognized employee organization, as defined in Section 3501 of the Government Code. +(b) The completion of the independent economic analysis prior to the presentation of an opening proposal by the public employer. +(c) Availability for review by the public of the independent economic analysis before presentation of an opening proposal by the public employer. +(d) Updating of the independent economic analysis to reflect the annual or cumulative costs of each proposal made by the public employer or recognized employee organization. +(e) Updating of the independent economic analysis to reflect any absolute amount or change from the current actuarially computed unfunded liability associated with the pension or postretirement health benefits. +(f) The report from a closed session of a meeting of the public employer’s governing body of offers, counteroffers, or supposals made by the public employer or the recognized employee organization and communicated during that closed session. +(g) The report from a closed session of a meeting of the public employer’s governing body of any list of names of persons in attendance during any negotiations session, the date of the session, the length of the session, the location of the session, or pertinent facts regarding the negotiations that occurred during a session. +22177. +(a) This chapter applies only to a city, county, city and county, or special district that has adopted a COIN ordinance, which is effective and operative. This chapter shall not apply if the city, county, city and county, or special district suspends, repeals, or revokes its COIN ordinance. +(b) This chapter shall not apply to a contract if the contract is required to respond to, recover from, or mitigate the effects of any of the following: +(1) A temporary public safety emergency declared by the chief law enforcement officer of a city, county, city and county, or special district. +(2) A state of war emergency, state of emergency, or local emergency, as those terms are defined in Section 8558 of the Government Code. +(c) This chapter shall not apply to a renewal of a contract if the employees performing the services are covered by a collective bargaining agreement that is governed by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.). +22178. +(a) This chapter shall apply to any contracts with a value of at least two hundred fifty thousand dollars ($250,000), and to any contracts with a person or entity, or related person or entity, with a cumulative value of at least two hundred fifty thousand dollars ($250,000) within the fiscal year of the city, county, city and county, or special district, being negotiated between the city, county, city and county, or special district, and any person or entity that seeks to provide services or goods to the city, county, city and county, or special district, in the following areas: accounting, financing, hardware and software maintenance, health care, human resources, human services, information technology, telecommunications, janitorial maintenance, legal services, lobbying, marketing, office equipment maintenance, passenger vehicle maintenance, property leasing, public relations, public safety, social services, transportation, or waste removal. +(b) The city, county, city and county, or special district shall designate an unbiased independent auditor to review the cost of any proposed contract. The independent auditor shall prepare a report on the cost of the contract and provide the report to all parties and make it available to the public before the governing body takes any action to approve or disapprove the contract. The report shall comply with the following: +(1) The report shall include a recommendation regarding the viability of the contract, including any supplemental data upon which the report is based, and shall determine the fiscal impacts attributable to each term and condition of the contract. +(2) The report shall be made available to the public at least 30 days before the issue can be heard before the governing body and at least 60 days before any action to approve or disapprove the contract by the governing body. +(3) Any proposed changes to the contract after it has been approved by the governing body shall adhere to the same approval requirements as the original contract. The changes shall not go into effect until all of the requirements of this subdivision are met. +(c) The city, county, city and county, or special district shall disclose all offers and counteroffers to the public within 24 hours on its Internet Web site. +(d) Before approving any contract, the city, county, city and county, or special district shall release a list of names of all persons in attendance, whether in person or by electronic means, during any negotiation session regarding the contract, the date of the session, the length of the session, the location where the session took place, and any pertinent facts regarding the negotiations that occurred in that session. +(e) Representatives of the governing body shall advise the governing body of all offers, counteroffers, information, or statements of position discussed by the contracting person or entity and city, county, city and county, or special district representatives participating in negotiations regarding any contract. +(f) Each governing body member and staff members of governing body offices shall disclose publicly all verbal, written, electronic, or other communications regarding a subject matter related to the negotiations or pending negotiations they have had with any official or unofficial representative of the private entity within 24 hours after the communication occurs. +(g) A final governing body determination regarding approval of any contract shall be undertaken only after the matter has been heard at a minimum of two meetings of the governing body wherein the public has had the opportunity to review and comment on the matter. +SEC. 2. +The Legislature finds and declares that Section 1 of this act, which adds Chapter 4.5 (commencing with Section 22175) to Part 3 of Division 2 of the Public Contract Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: +This act ensures that members of the public have the opportunity to be informed of, and meaningfully participate in, the negotiation and approval of contracts for goods and services by a city, county, city and county, or special district that has adopted a civic openness in negotiations (COIN) ordinance, thereby furthering the purposes of Section 3 of Article I of the California Constitution. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","Existing law relating to public contracts requires local agencies, including cities and counties, to comply with specified procedures for public contracting for public construction. +The Meyers-Milias-Brown Act requires the governing body of a local public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of a recognized employee organization. +This bill would enact the Civic Reporting Openness in Negotiations Efficiency Act to establish specific procedures for the negotiation and approval of certain contracts valued at $250,000 or more for goods or services by cities, counties, cities and counties, or special districts that have adopted a civic openness in negotiations ordinance, or COIN ordinance, defined as an ordinance imposing specified requirements as part of any collective bargaining process undertaken pursuant to the Meyers-Milias-Brown Act. The act would require the designation of an independent auditor to review and report on the cost of any proposed contract. The act would require a city, county, city and county, or special district to disclose prescribed information relating to the contract and contract negotiations on its Internet Web site. The act would prohibit a final determination by the governing body regarding approval of any contract until the matter has been heard at a minimum of 2 public meetings of the governing body. +The act would exempt from its provisions contracts required to respond to, recover from, or mitigate the effects of a temporary public safety emergency declared by the chief law enforcement officer of a city, county, city and county, or special district, or a state of war emergency, state of emergency, or local emergency, as those terms are defined in the California Emergency Services Act. The act would also exempt from its provisions a renewal of a contract if the employees performing the services are covered by a collective bargaining agreement that is governed by the National Labor Relations Act. +By imposing new requirements on cities, counties, cities and counties, and special districts, this bill would impose a state-mandated local program. +The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. +This bill would make legislative findings to that effect. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Chapter 4.5 (commencing with Section 22175) to Part 3 of Division 2 of the Public Contract Code, relating to public contracts." +87,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 32241.5 is added to the Education Code, to read: +32241.5. +The department shall make information available to school districts, by posting on its Internet Web site or through any other means for distributing information it deems effective, about the United States Environmental Protection Agency’s technical guidance for reducing lead in drinking water in schools. +SEC. 2. +Section 32242 of the Education Code is amended to read: +32242. +The State Department of Public Health shall do all of the following: +(a) Design and implement a strategy for identifying the characteristics of high-risk schools and provide a basis for statewide estimates of the presence of lead in schools attended by young children. +(b) Conduct a sample survey, as described in Section 32241, to determine the likely extent and distribution of lead exposure to children from paint on the school, soil in play areas at the school, drinking water at the tap, and other potential sources identified by the State Department of Public Health for this purpose. To the maximum extent possible, limited sample testing shall be used to validate survey results. The State Department of Public Health shall compile and summarize the results of that survey and report those results to the Legislature and the department. +(c) Within 60 days of the completion of testing a schoolsite, the State Department of Public Health shall notify the principal of the school or director of the schoolsite of the survey results. Within 45 days of receiving the survey results, the principal or director, as the case may be, shall notify the teachers and other school personnel and parents of the survey results. +(d) Make recommendations to the Legislature and the department, based on the survey results and consideration of appropriate federal and state standards, on the feasibility and necessity of conducting statewide lead testing and any additional action needed relating to lead contamination in the schools. +(e) As deemed necessary and appropriate in view of the survey results, develop environmental lead testing methods and standards to ensure the scientific integrity of results, for use by schools and contractors designated by schools for that purpose. +(f) Evaluate the most current cost-effective lead abatement technologies. +SEC. 3. +Section 32246 is added to the Education Code, to read: +32246. +Drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead shall not be provided at a school facility. +SEC. 4. +Section 32249 is added to the Education Code, to read: +32249. +A school that has lead-containing plumbing components shall flush all drinking water sources at the beginning of each schoolday, consistent with protocols recommended by the United States Environmental Protection Agency. A school is not required to flush drinking water sources that have been shut off or have been certified as meeting the United States Environmental Protection Agency’s drinking water standards for lead. +SEC. 5. +Section 38086 of the Education Code is amended to read: +38086. +(a) A school district shall provide access to free, fresh, and clean drinking water during meal times in the food service areas of the schools under its jurisdiction, including, but not necessarily limited to, areas where reimbursable meals under the federal National School Lunch Program or the federal School Breakfast Program are served or consumed. A school district may comply with this section by, among other means, providing cups and containers of water or soliciting or receiving donated bottled water. +(b) A school district shall comply with this section through the use of drinking water access points. +(c) For purposes of this section, “drinking water access point” is defined as a station, plumbed or unplumbed, where pupils can access free, fresh, and clean drinking water. An unplumbed access point may include water bottles and portable water dispensers. +SEC. 6. +Article 13 (commencing with Section 49580) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read: +Article 13. Drinking Water +49580. +(a) A school district that has drinking water sources with drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead or any other contaminant shall close access to those drinking water sources immediately upon receipt of test results or notification from the public water system. +(b) (1) If, as a result of closing access to a drinking water source pursuant to subdivision (a), a schoolsite within a school district no longer has the minimum number of drinking fountains required pursuant to Chapter 4 (commencing with Section 401.0) of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), the school district shall provide alternative drinking water sources at that schoolsite. +(2) An alternative drinking water source provided pursuant to this subdivision while the source of contamination is being mitigated may be from plumbed or unplumbed sources. Unplumbed sources may include, but are not limited to, portable water sources and bottled water. +(c) A school district shall notify parents or legal guardians, pupils, teachers, and other school personnel of drinking water test results, immediately upon receipt of those test results, if the school district is required to provide alternative drinking water sources. +SEC. 7. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires a school district to provide access to free, fresh drinking water during meal times in school food service areas, unless the governing board of a school district adopts a resolution stating that it is unable to comply with this requirement and demonstrating the reasons why it is unable to comply due to fiscal constraints or health and safety concerns. Existing law requires the resolution to be publicly noticed on at least 2 consecutive meeting agendas and approved by at least a majority of the governing board of the school district. +This bill would delete the provision authorizing a school district to adopt a resolution stating that it is unable to provide access to free, fresh drinking water during meal times. The bill would instead specify that a school district shall provide access to free, fresh, and clean drinking water during meal times through the use of drinking water access points, as defined. By imposing additional duties on school districts, this bill would impose a state-mandated local program. +This bill would require a school district that has drinking water sources with drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead or any other contaminant to close access to those drinking water sources, to provide alternative drinking water sources, as specified, and to notify specified persons if the school district is required to provide those alternative drinking water sources. By imposing additional duties on pupil schools and school districts, this bill would impose a state-mandated local program. +(2) Under existing law, known as the Lead-Safe Schools Protection Act, the State Department of Public Health is required to perform various activities related to reducing the risk of exposure to lead hazards in public schools, including, among other activities, working with the State Department of Education to develop voluntary guidelines to ensure that lead hazards are minimized in the course of school repair and maintenance programs and abatement procedures. +This bill would repeal the requirement that the State Department of Public Health develop voluntary guidelines. The bill would instead require the State Department of Education to make information available to school districts about the United States Environmental Protection Agency’s technical guidance for reducing lead in drinking water in schools. The bill would prohibit drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead from being provided at a school facility. The bill would require a public school that has lead-containing plumbing components to flush all drinking water sources at the beginning of each schoolday, except as provided. By imposing additional duties on public schools and school districts, this bill would impose a state-mandated local program. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 32242 and 38086 of, to add Sections 32241.5, 32246, and 32249 to, and to add Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of, the Education Code, relating to pupil health." +88,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3501 of the Business and Professions Code is amended to read: +3501. +(a) As used in this chapter: +(1) “Board” means the Physician Assistant Board. +(2) “Approved program” means a program for the education of physician assistants that has been formally approved by the board. +(3) “Trainee” means a person who is currently enrolled in an approved program. +(4) “Physician assistant” means a person who meets the requirements of this chapter and is licensed by the board. +(5) “Supervising physician” or “supervising physician and surgeon” means a physician and surgeon licensed by the Medical Board of California or by the Osteopathic Medical Board of California who supervises one or more physician assistants, who possesses a current valid license to practice medicine, and who is not currently on disciplinary probation for improper use of a physician assistant. +(6) “Supervision” means that a licensed physician and surgeon oversees the activities of, and accepts responsibility for, the medical services rendered by a physician assistant. +(7) “Regulations” means the rules and regulations as set forth in Chapter 13.8 (commencing with Section 1399.500) of Title 16 of the California Code of Regulations. +(8) “Routine visual screening” means uninvasive nonpharmacological simple testing for visual acuity, visual field defects, color blindness, and depth perception. +(9) “Program manager” means the staff manager of the diversion program, as designated by the executive officer of the board. The program manager shall have background experience in dealing with substance abuse issues. +(10) “Delegation of services agreement” means the writing that delegates to a physician assistant from a supervising physician the medical services the physician assistant is authorized to perform consistent with subdivision (a) of Section 1399.540 of Title 16 of the California Code of Regulations. +(11) “Other specified medical services” means tests or examinations performed or ordered by a physician assistant practicing in compliance with this chapter or regulations of the Medical Board of California promulgated under this chapter. +(12) “Medical records review meeting” means a meeting between the supervising physician and surgeon and the physician assistant during which medical records are reviewed to ensure adequate supervision of the physician assistant functioning under protocols. Medical records review meetings may occur in person or by electronic communication. +(b) A physician assistant acts as an agent of the supervising physician when performing any activity authorized by this chapter or regulations adopted under this chapter. +SEC. 2. +Section 3502 of the Business and Professions Code is amended to read: +3502. +(a) Notwithstanding any other law, a physician assistant may perform those medical services as set forth by the regulations adopted under this chapter when the services are rendered under the supervision of a licensed physician and surgeon who is not subject to a disciplinary condition imposed by the Medical Board of California prohibiting that supervision or prohibiting the employment of a physician assistant. The medical record, for each episode of care for a patient, shall identify the physician and surgeon who is responsible for the supervision of the physician assistant. +(b) (1) Notwithstanding any other law, a physician assistant performing medical services under the supervision of a physician and surgeon may assist a doctor of podiatric medicine who is a partner, shareholder, or employee in the same medical group as the supervising physician and surgeon. A physician assistant who assists a doctor of podiatric medicine pursuant to this subdivision shall do so only according to patient-specific orders from the supervising physician and surgeon. +(2) The supervising physician and surgeon shall be physically available to the physician assistant for consultation when that assistance is rendered. A physician assistant assisting a doctor of podiatric medicine shall be limited to performing those duties included within the scope of practice of a doctor of podiatric medicine. +(c) (1) A physician assistant and his or her supervising physician and surgeon shall establish written guidelines for the adequate supervision of the physician assistant. This requirement may be satisfied by the supervising physician and surgeon adopting protocols for some or all of the tasks performed by the physician assistant. The protocols adopted pursuant to this subdivision shall comply with the following requirements: +(A) A protocol governing diagnosis and management shall, at a minimum, include the presence or absence of symptoms, signs, and other data necessary to establish a diagnosis or assessment, any appropriate tests or studies to order, drugs to recommend to the patient, and education to be provided to the patient. +(B) A protocol governing procedures shall set forth the information to be provided to the patient, the nature of the consent to be obtained from the patient, the preparation and technique of the procedure, and the followup care. +(C) Protocols shall be developed by the supervising physician and surgeon or adopted from, or referenced to, texts or other sources. +(D) Protocols shall be signed and dated by the supervising physician and surgeon and the physician assistant. +(2) (A) The supervising physician and surgeon shall use one or more of the following mechanisms to ensure adequate supervision of the physician assistant functioning under the protocols: +(i) The supervising physician and surgeon shall review, countersign, and date a sample consisting of, at a minimum, 5 percent of the medical records of patients treated by the physician assistant functioning under the protocols within 30 days of the date of treatment by the physician assistant. +(ii) The supervising physician and surgeon and physician assistant shall conduct a medical records review meeting at least once a month during at least 10 months of the year. During any month in which a medical records review meeting occurs, the supervising physician and surgeon and physician assistant shall review an aggregate of at least 10 medical records of patients treated by the physician assistant functioning under protocols. Documentation of medical records reviewed during the month shall be jointly signed and dated by the supervising physician and surgeon and the physician assistant. +(iii) The supervising physician and surgeon shall review a sample of at least 10 medical records per month, at least 10 months during the year, using a combination of the countersignature mechanism described in clause (i) and the medical records review meeting mechanism described in clause (ii). During each month for which a sample is reviewed, at least one of the medical records in the sample shall be reviewed using the mechanism described in clause (i) and at least one of the medical records in the sample shall be reviewed using the mechanism described in clause (ii). +(B) In complying with subparagraph (A), the supervising physician and surgeon shall select for review those cases that by diagnosis, problem, treatment, or procedure represent, in his or her judgment, the most significant risk to the patient. +(3) Notwithstanding any other law, the Medical Board of California or the board may establish other alternative mechanisms for the adequate supervision of the physician assistant. +(d) No medical services may be performed under this chapter in any of the following areas: +(1) The determination of the refractive states of the human eye, or the fitting or adaptation of lenses or frames for the aid thereof. +(2) The prescribing or directing the use of, or using, any optical device in connection with ocular exercises, visual training, or orthoptics. +(3) The prescribing of contact lenses for, or the fitting or adaptation of contact lenses to, the human eye. +(4) The practice of dentistry or dental hygiene or the work of a dental auxiliary as defined in Chapter 4 (commencing with Section 1600). +(e) This section shall not be construed in a manner that shall preclude the performance of routine visual screening as defined in Section 3501. +(f) Compliance by a physician assistant and supervising physician and surgeon with this section shall be deemed compliance with Section 1399.546 of Title 16 of the California Code of Regulations. +SEC. 3. +Section 3502.1 of the Business and Professions Code is amended to read: +3502.1. +(a) In addition to the services authorized in the regulations adopted by the Medical Board of California, and except as prohibited by Section 3502, while under the supervision of a licensed physician and surgeon or physicians and surgeons authorized by law to supervise a physician assistant, a physician assistant may administer or provide medication to a patient, or transmit orally, or in writing on a patient’s record or in a drug order, an order to a person who may lawfully furnish the medication or medical device pursuant to subdivisions (c) and (d). +(1) A supervising physician and surgeon who delegates authority to issue a drug order to a physician assistant may limit this authority by specifying the manner in which the physician assistant may issue delegated prescriptions. +(2) Each supervising physician and surgeon who delegates the authority to issue a drug order to a physician assistant shall first prepare and adopt, or adopt, a written, practice specific, formulary and protocols that specify all criteria for the use of a particular drug or device, and any contraindications for the selection. Protocols for Schedule II controlled substances shall address the diagnosis of illness, injury, or condition for which the Schedule II controlled substance is being administered, provided, or issued. The drugs listed in the protocols shall constitute the formulary and shall include only drugs that are appropriate for use in the type of practice engaged in by the supervising physician and surgeon. When issuing a drug order, the physician assistant is acting on behalf of and as an agent for a supervising physician and surgeon. +(b) “Drug order,” for purposes of this section, means an order for medication that is dispensed to or for a patient, issued and signed by a physician assistant acting as an individual practitioner within the meaning of Section 1306.02 of Title 21 of the Code of Federal Regulations. Notwithstanding any other provision of law, (1) a drug order issued pursuant to this section shall be treated in the same manner as a prescription or order of the supervising physician, (2) all references to “prescription” in this code and the Health and Safety Code shall include drug orders issued by physician assistants pursuant to authority granted by their supervising physicians and surgeons, and (3) the signature of a physician assistant on a drug order shall be deemed to be the signature of a prescriber for purposes of this code and the Health and Safety Code. +(c) A drug order for any patient cared for by the physician assistant that is issued by the physician assistant shall either be based on the protocols described in subdivision (a) or shall be approved by the supervising physician and surgeon before it is filled or carried out. +(1) A physician assistant shall not administer or provide a drug or issue a drug order for a drug other than for a drug listed in the formulary without advance approval from a supervising physician and surgeon for the particular patient. At the direction and under the supervision of a physician and surgeon, a physician assistant may hand to a patient of the supervising physician and surgeon a properly labeled prescription drug prepackaged by a physician and surgeon, manufacturer as defined in the Pharmacy Law, or a pharmacist. +(2) A physician assistant shall not administer, provide, or issue a drug order to a patient for Schedule II through Schedule V controlled substances without advance approval by a supervising physician and surgeon for that particular patient unless the physician assistant has completed an education course that covers controlled substances and that meets standards, including pharmacological content, approved by the board. The education course shall be provided either by an accredited continuing education provider or by an approved physician assistant training program. If the physician assistant will administer, provide, or issue a drug order for Schedule II controlled substances, the course shall contain a minimum of three hours exclusively on Schedule II controlled substances. Completion of the requirements set forth in this paragraph shall be verified and documented in the manner established by the board prior to the physician assistant’s use of a registration number issued by the United States Drug Enforcement Administration to the physician assistant to administer, provide, or issue a drug order to a patient for a controlled substance without advance approval by a supervising physician and surgeon for that particular patient. +(3) Any drug order issued by a physician assistant shall be subject to a reasonable quantitative limitation consistent with customary medical practice in the supervising physician and surgeon’s practice. +(d) A written drug order issued pursuant to subdivision (a), except a written drug order in a patient’s medical record in a health facility or medical practice, shall contain the printed name, address, and telephone number of the supervising physician and surgeon, the printed or stamped name and license number of the physician assistant, and the signature of the physician assistant. Further, a written drug order for a controlled substance, except a written drug order in a patient’s medical record in a health facility or a medical practice, shall include the federal controlled substances registration number of the physician assistant and shall otherwise comply with Section 11162.1 of the Health and Safety Code. Except as otherwise required for written drug orders for controlled substances under Section 11162.1 of the Health and Safety Code, the requirements of this subdivision may be met through stamping or otherwise imprinting on the supervising physician and surgeon’s prescription blank to show the name, license number, and if applicable, the federal controlled substances registration number of the physician assistant, and shall be signed by the physician assistant. When using a drug order, the physician assistant is acting on behalf of and as the agent of a supervising physician and surgeon. +(e) The supervising physician and surgeon shall use either of the following mechanisms to ensure adequate supervision of the administration, provision, or issuance by a physician assistant of a drug order to a patient for Schedule II controlled substances: +(1) The medical record of any patient cared for by a physician assistant for whom the physician assistant’s Schedule II drug order has been issued or carried out shall be reviewed, countersigned, and dated by a supervising physician and surgeon within seven days. +(2) If the physician assistant has documentation evidencing the successful completion of an education course that covers controlled substances, and that controlled substance education course (A) meets the standards, including pharmacological content, established in Sections 1399.610 and 1399.612 of Title 16 of the California Code of Regulations, and (B) is provided either by an accredited continuing education provider or by an approved physician assistant training program, the supervising physician and surgeon shall review, countersign, and date, within seven days, a sample consisting of the medical records of at least 20 percent of the patients cared for by the physician assistant for whom the physician assistant’s Schedule II drug order has been issued or carried out. Completion of the requirements set forth in this paragraph shall be verified and documented in the manner established in Section 1399.612 of Title 16 of the California Code of Regulations. Physician assistants who have a certificate of completion of the course described in paragraph (2) of subdivision (c) shall be deemed to have met the education course requirement of this subdivision. +(f) All physician assistants who are authorized by their supervising physicians to issue drug orders for controlled substances shall register with the United States Drug Enforcement Administration (DEA). +(g) The board shall consult with the Medical Board of California and report during its sunset review required by Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code the impacts of exempting Schedule III and Schedule IV drug orders from the requirement for a physician and surgeon to review and countersign the affected medical record of a patient. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Physician Assistant Practice Act, provides for regulation of physician assistants and authorizes a physician assistant to perform medical services as set forth by regulations when those services are rendered under the supervision of a licensed physician and surgeon, as specified. The act requires the supervising physician and surgeon to review, countersign, and date a sample consisting of, at a minimum, 5% of the medical records of patients treated by the physician assistant functioning under adopted protocols within 30 days of the date of treatment by the physician assistant. The act requires the supervising physician and surgeon to select for review those cases that by diagnosis, problem, treatment, or procedure represent, in his or her judgment, the most significant risk to the patient. A violation of those supervision requirements is a misdemeanor. +This bill would require that the medical record for each episode of care for a patient identify the physician and surgeon who is responsible for the supervision of the physician assistant. The bill would delete those medical record review provisions, and, instead, require the supervising physician and surgeon to use one or more of described review mechanisms. By adding these new requirements, the violation of which would be a crime, this bill would impose a state-mandated local program by changing the definition of a crime. +The act authorizes a physician assistant, while under prescribed supervision of a physician and surgeon, to administer or provide medication to a patient, or transmit orally, or in writing on a patient’s record or in a drug order, an order to a person who may lawfully furnish the medication or medical device. The act prohibits a physician assistant from administering, providing, or issuing a drug order to a patient for Schedule II through Schedule V controlled substances without advance approval by a supervising physician and surgeon for that particular patient unless the physician assistant has completed an education course that covers controlled substances and that meets approved standards. The act requires that the medical record of any patient cared for by a physician assistant for whom a physician assistant’s Schedule II drug order has been issued or carried out to be reviewed, countersigned, and dated by a supervising physician and surgeon within 7 days. +This bill would establish an alternative medical records review mechanism, and would authorize the supervising physician and surgeon to use the alternative mechanism, or a sample review mechanism using a combination of the 2 described mechanisms, as specified, to ensure adequate supervision of the administration, provision, or issuance by a physician assistant of a drug order to a patient for Schedule II controlled substances. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 3501, 3502, and 3502.1 of the Business and Professions Code, relating to healing arts." +89,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 368 of the Penal Code is amended to read: +368. +(a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf. +(b) (1) +Any +(A) A +person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits +any +an +elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain +or mental suffering +, or having the care or custody of +any +an +elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years. +(B) A person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce significant or substantial mental suffering, willfully causes or permits an elder or dependent adult to suffer, or inflicts thereon unjustifiable mental suffering, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years. +(2) If in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in the state prison as follows: +(A) Three years if the victim is under 70 years of age. +(B) Five years if the victim is 70 years of age or older. +(3) If in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows: +(A) Five years if the victim is under 70 years of age. +(B) Seven years if the victim is 70 years of age or older. +(c) +Any +A +person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, +or likely to produce significant or substantial mental suffering, +willfully causes or permits +any +an +elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of +any +an +elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. +(d) +Any +A +person who is not a caretaker who violates +any +a +provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows: +(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). +(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). +(e) +Any +A +caretaker of an elder or a dependent adult who violates +any +a +provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows: +(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). +(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). +(f) +Any +A +person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. +(g) As used in this section, “elder” means +any +a +person who is 65 years of age or older. +(h) As used in this section, “dependent adult” means +any +a +person who is between +the ages of +18 and +64, +64 years of age +who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes +any +a +person between +the ages of +18 and 64 +years of age +who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. +(i) As used in this section, “caretaker” means +any +a +person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult. +(j) +Nothing in this +This +section shall +not +preclude prosecution under both this section and Section 187 or 12022.7 or any other provision of law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for +any +a +single offense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for +any +a +single offense. +(k) +In any case in which +When +a person is convicted of violating these provisions, the court may require him or her to receive appropriate counseling as a condition of probation. +Any +A +defendant ordered to be placed in a counseling program +shall be +is +responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides that a person who knows or reasonably should know that the victim is an elder or dependent adult, and under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits the victim to suffer unjustifiable physical pain or mental suffering, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed $6,000, or by both that fine and imprisonment, or by imprisonment in the state prison for 2, 3, or 4 years. +This bill would provide that a person who knows or reasonably should know that the victim is an elder or dependent adult, and under circumstances or conditions likely to produce significant or substantial mental suffering, willfully causes or permits the victim to suffer unjustifiable mental suffering, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed $6,000, or by both that fine and imprisonment, or by imprisonment in the state prison for 2, 3, or 4 years. +By expanding the scope of an existing crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 368 of the Penal Code, relating to elder abuse." +90,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2103 of the Family Code is amended to read: +2103. +In order to provide full and accurate disclosure of all assets and liabilities in which one or both parties may have an interest, each party to a proceeding for dissolution of the marriage or legal separation of the parties shall serve on the other party a preliminary declaration of disclosure under Section 2104, unless service of the preliminary declaration of disclosure is not required pursuant to Section 2110, and a final declaration of disclosure under Section 2105, unless service of the final declaration of disclosure is waived pursuant to Section 2105 or 2110, and shall file proof of service of each with the court. +SEC. 2. +Section 2104 of the Family Code is amended to read: +2104. +(a) Except by court order for good cause, as provided in Section 2107, or when service of the preliminary declaration of disclosure is not required pursuant to Section 2110, in the time period set forth in subdivision (f), each party shall serve on the other party a preliminary declaration of disclosure, executed under penalty of perjury on a form prescribed by the Judicial Council. The commission of perjury on the preliminary declaration of disclosure may be grounds for setting aside the judgment, or any part or parts thereof, pursuant to Chapter 10 (commencing with Section 2120), in addition to any and all other remedies, civil or criminal, that otherwise are available under law for the commission of perjury. The preliminary declaration of disclosure shall include all tax returns filed by the declarant within the two years prior to the date that the party served the declaration. +(b) The preliminary declaration of disclosure shall not be filed with the court, except on court order. However, the parties shall file proof of service of the preliminary declaration of disclosure with the court. +(c) The preliminary declaration of disclosure shall set forth with sufficient particularity, that a person of reasonable and ordinary intelligence can ascertain, all of the following: +(1) The identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of the asset or liability as community, quasi-community, or separate. +(2) The declarant’s percentage of ownership in each asset and percentage of obligation for each liability when property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarant’s characterization of each asset or liability. +(d) A declarant may amend his or her preliminary declaration of disclosure without leave of the court. Proof of service of any amendment shall be filed with the court. +(e) Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid. +(f) The petitioner shall serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution, or within 60 days of filing the petition. When a petitioner serves the summons and petition by publication or posting pursuant to court order and the respondent files a response prior to a default judgment being entered, the petitioner shall serve the other party with the preliminary declaration of disclosure within 30 days of the response being filed. The respondent shall serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. The time periods specified in this subdivision may be extended by written agreement of the parties or by court order. +SEC. 3. +Section 2107 of the Family Code is amended to read: +2107. +(a) If one party fails to serve on the other party a preliminary declaration of disclosure under Section 2104, unless that party is not required to serve a preliminary declaration of disclosure pursuant to Section 2110, or a final declaration of disclosure under Section 2105, or fails to provide the information required in the respective declarations with sufficient particularity, and if the other party has served the respective declaration of disclosure on the noncomplying party, the complying party may, within a reasonable time, request preparation of the appropriate declaration of disclosure or further particularity. +(b) If the noncomplying party fails to comply with a request under subdivision (a), the complying party may do one or more of the following: +(1) File a motion to compel a further response. +(2) File a motion for an order preventing the noncomplying party from presenting evidence on issues that should have been covered in the declaration of disclosure. +(3) File a motion showing good cause for the court to grant the complying party’s voluntary waiver of receipt of the noncomplying party’s preliminary declaration of disclosure pursuant to Section 2104 or final declaration of disclosure pursuant to Section 2105. The voluntary waiver does not affect the rights enumerated in subdivision (d). +(c) If a party fails to comply with any provision of this chapter, the court shall, in addition to any other remedy provided by law, impose money sanctions against the noncomplying party. Sanctions shall be in an amount sufficient to deter repetition of the conduct or comparable conduct, and shall include reasonable attorney’s fees, costs incurred, or both, unless the court finds that the noncomplying party acted with substantial justification or that other circumstances make the imposition of the sanction unjust. +(d) Except as otherwise provided in this subdivision, if a court enters a judgment when the parties have failed to comply with all disclosure requirements of this chapter, the court shall set aside the judgment. The failure to comply with the disclosure requirements does not constitute harmless error. If the court granted the complying party’s voluntary waiver of receipt of the noncomplying party’s preliminary declaration of disclosure pursuant to paragraph (3) of subdivision (b), the court shall set aside the judgment only at the request of the complying party, unless the motion to set aside the judgment is based on one of the following: +(1) Actual fraud if the defrauded party was kept in ignorance or in some other manner was fraudulently prevented from fully participating in the proceeding. +(2) Perjury, as defined in Section 118 of the Penal Code, in the preliminary or final declaration of disclosure, in the waiver of the final declaration of disclosure, or in the current income and expense statement. +(e) Upon the motion to set aside judgment, the court may order the parties to provide the preliminary and final declarations of disclosure that were exchanged between them. Absent a court order to the contrary, the disclosure declarations shall not be filed with the court and shall be returned to the parties. +SEC. 4. +Section 2110 of the Family Code is amended to read: +2110. +In the case of a default judgment, the petitioner may waive the final declaration of disclosure requirements provided in this chapter, and shall not be required to serve a final declaration of disclosure on the respondent nor receive a final declaration of disclosure from the respondent. However, a preliminary declaration of disclosure by the petitioner is required unless the petitioner served the summons and petition by publication or posting pursuant to court order and the respondent has defaulted.","Existing law requires each party to a proceeding for dissolution of marriage or legal separation to serve on the other party a preliminary declaration of disclosure of assets, as specified, and a final declaration of disclosure, as specified. Existing law requires each party to serve a preliminary declaration of disclosure either concurrently with the petition for dissolution, or within 60 days of filing the petition for dissolution of marriage. Existing law specifies, in the case of a default judgment, that a petitioner shall not be required to serve or receive a final declaration of disclosure, but a preliminary declaration of disclosure by the petitioner is still required. +This bill would provide that a preliminary declaration of disclosure is not required by a petitioner if the petitioner served the summons and petition by publication or posting pursuant to court order and the respondent has defaulted. The bill would require, when a petitioner has served the summons and petition by publication or posting pursuant to court order and the respondent files a response prior to default judgment being entered, the petitioner to serve the respondent with a preliminary declaration of disclosure within 30 days of the response being filed. The bill would make other related, conforming changes.","An act to amend Sections 2103, 2104, 2107, and 2110 of the Family Code, relating to dissolution." +91,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 94874.3 is added to the Education Code, to read: +94874.3. +Commencing January 1, 2018, an institution that offers a course of instruction to prepare students to obtain a commercial driver’s license that is certified by the Department of Motor Vehicles pursuant to Section 15250 of the Vehicle Code, may not claim an exemption from this chapter. +SEC. 2. +Section 15250 of the Vehicle Code is amended to read: +15250. +(a) (1) A person shall not operate a commercial motor vehicle unless that person has in his or her immediate possession a valid commercial driver’s license of the appropriate class. +(2) A person shall not operate a commercial motor vehicle while transporting hazardous materials unless that person has in his or her possession a valid commercial driver’s license with a hazardous materials endorsement. An instruction permit does not authorize the operation of a vehicle transporting hazardous materials. +(b) (1) Before an application for an original or renewal of a commercial driver’s license with a hazardous materials endorsement is submitted to the United States Transportation Security Administration for the processing of a security threat assessment, as required under Part 1572 of Title 49 of the Code of Federal Regulations, the department shall complete a check of the applicant’s driving record to ensure that the person is not subject to a disqualification under Part 383.51 of Title 49 of the Code of Federal Regulations. +(2) (A) A person shall not be issued +a +an original +commercial driver’s license until he or she has satisfied all of the following requirements: +(i) (I) Commencing January 1, 2018, successful completion of a course of instruction from a commercial motor vehicle driver training institution or program offered by an employer that has been certified by the department, except as provided in subclause (II). The department shall not certify a commercial motor vehicle driver training institution or program offered by an employer until the institution or program has submitted an approved course of instruction that meets minimum standards set by the department. The course of instruction shall include, at a minimum, standards necessary to ensure a driver is proficient in safely operating a commercial vehicle. The department shall, as necessary, update the required standards to comply with the guidance or requirements issued by the Federal Motor Carrier Safety Administration. +(II) The following persons are not required to satisfy the requirement described in this clause: +(ia) A commercial motor vehicle driver with military motor vehicle experience who is currently licensed with the United States Armed Forces and who meets the waiver requirements in subparagraph (B). +(ib) A commercial motor vehicle driver who presents a valid certificate of driving skill from an approved employer-testing program that +includes, and has submitted to the department, an approved +includes a +course of instruction that meets the minimum standards set by the +department. +department, and has been submitted to, and approved by, the department. +(ic) A commercial motor vehicle driver who presents a certificate issued by the Department of the California Highway Patrol pursuant to Section 12517 or a department Transit Driver Training Record DL 260 form signed by an employer trainer certified by the Transportation Safety Institute of the United States Department of Transportation’s Motor Carrier Training, commonly referred to as the Federal Transit Administration’s “Train-the-Trainer” program. +(id) A commercial motor vehicle driver who has received and documented training in compliance with Chapter 3 (commencing with Section 40080) of Part 23.5 of Division 3 of Title 2 of the Education Code. +(III) In addition to the requirements of subclause (I), issuance of a commercial driver’s license shall require the successful completion of a written and driving test, conducted by the department, that complies with clause (ii). +(ii) Successful completion of a written and driving test for the operation of a commercial motor vehicle that complies with the minimum federal standards established by the federal Commercial Motor Vehicle Safety Act of 1986 (Public Law 99-570) and Part 383 of Title 49 of the Code of Federal Regulations. +(iii) Satisfaction of all other requirements of the federal act referenced in clause (ii) as well as any other requirements imposed by this code. +(B) The driving skills test as specified in Section 383.113 of Title 49 of the Code of Federal Regulations may be waived for a commercial motor vehicle driver with military commercial motor vehicle experience who is currently licensed with the United States Armed Forces at the time of his or her application for a commercial driver’s license, and whose driving record in combination with his or her driving experience meets, at a minimum, the conditions required by Section 383.77(a) and (b) of Title 49 of the Code of Federal Regulations. +(c) The tests shall be prescribed and conducted by or under the direction of the department. The department may allow a third-party tester to administer the driving test part of the examination required under this section and Section 15275 if all of the following conditions are met: +(1) The tests given by the third party are the same as those that would otherwise be given by the department. +(2) The third party has an agreement with the department that includes, but is not limited to, the following provisions: +(A) Authorization for the United States Secretary of Transportation, or his or her representative, and the department, or its representative, to conduct random examinations, inspections, and audits without prior notice. +(B) Permission for the department, or its representative, to conduct onsite inspections at least annually. +(C) A requirement that all third-party testers meet the same qualification and training standards as the department’s examiners, to the extent necessary to conduct the driving skill tests in compliance with the requirements of Part 383 of Title 49 of the Code of Federal Regulations. +(D) The department may cancel, suspend, or revoke the agreement with a third-party tester if the third-party tester fails to comply with the standards for the commercial driver’s license testing program, or with any other term of the third-party agreement, upon 15 days’ prior written notice of the action to cancel, suspend, or revoke the agreement by the department to the third party. Any action to appeal or review any order of the department canceling, suspending, or revoking a third-party testing agreement shall be brought in a court of competent jurisdiction under Section 1085 of the Code of Civil Procedure, or as otherwise permitted by the laws of this state. The action shall be commenced within 90 days from the effective date of the order. +(E) Any third-party tester whose agreement has been canceled pursuant to subparagraph (D) may immediately apply for a third-party testing agreement. +(F) A suspension of a third-party testing agreement pursuant to subparagraph (D) shall be for a term of less than 12 months as determined by the department. After the period of suspension, the agreement shall be reinstated upon request of the third-party tester. +(G) A revocation of a third-party testing agreement pursuant to subparagraph (D) shall be for a term of not less than one year. A third-party tester may apply for a new third-party testing agreement after the period of revocation and upon submission of proof of correction of the circumstances causing the revocation. +(H) Authorization for the department to charge the third-party tester a fee, as determined by the department, that is sufficient to defray the actual costs incurred by the department for administering and evaluating the third-party testing program, and for carrying out any other activities deemed necessary by the department to ensure sufficient training for the drivers participating in the program. +(3) Except as provided in Section 15250.3, the tests given by the third party shall not be accepted in lieu of tests prescribed and conducted by the department for applicants for a passenger vehicle endorsement specified in paragraph (2) of subdivision (a) of Section 15278, if the applicant operates or will operate a tour bus. +(d) Commercial driver’s license applicants who take and pass driving tests administered by a third party shall provide the department with certificates of driving skill satisfactory to the department that the applicant has successfully passed the driving tests administered by the third party. +(e) If a driving test is administered to a commercial driver’s license applicant who is to be licensed in another state pursuant to Section 383.79 of Subpart E of Part 383 of Title 49 of the Code of Federal Regulations, the department may impose a fee on the applicant that does not exceed the reasonable cost of conducting the tests and reporting the results to the driver’s state of record. +(f) Implementation dates for the issuance of a commercial driver’s license pursuant to this chapter may be established by the department as it determines is necessary to accomplish an orderly commercial driver’s license program. +(g) Active duty members of the United States Armed Forces, members of the military reserves, members of the National Guard who are on active duty, including personnel on full-time National Guard duty, personnel on part-time National Guard training, and National Guard military technicians (civilians who are required to wear military uniforms), and active duty personnel of the United States Coast Guard are exempt from all commercial driver’s license requirements and sanctions, as provided in Section 383.3(c) of Subpart A of Part 383 of Title 49 of the Code of Federal Regulations when operating motor vehicles for military purposes. This exception shall not apply to United States Armed Forces reserve technicians.","Existing law prohibits the Department of Motor Vehicles from issuing a commercial driver’s license to any person to operate a commercial motor vehicle unless the person has passed a written and driving test for the operation of a commercial motor vehicle that complies with the minimum standards established by the federal Commercial Motor Vehicle Safety Act of 1986 and specified federal regulations, and has satisfied all other requirements of that act as well as any other requirements imposed by state law. +This bill, commencing January 1, 2018, would also require a person to successfully complete a course of instruction from a commercial driver training institution or program offered by an employer with an approved course of instruction that has been certified by the department before he or she is issued a commercial driver’s license, except as specified. The bill would require the course of instruction to include, at a minimum, standards necessary to ensure a driver is proficient in safely operating a commercial vehicle. +This bill would also require a commercial driver’s license applicant to successfully complete a written and driving test, as specified. +Existing law, the California Private Postsecondary Education Act of 2009, provides for the regulation of private postsecondary educational institutions by the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. The act exempts an institution from its provision if any of a list of specific criteria are met. +This bill, commencing January 1, 2018, would remove the exemption from the provisions of the act for an institution that is certified by the Department of Motor Vehicles to offer a course of instruction to prepare students to obtain a commercial driver’s license, thereby making the act applicable to the institution.","An act to add Section 94874.3 to the Education Code, and to amend Section 15250 of the Vehicle Code, relating to commercial vehicle driver education." +92,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 166 of the Penal Code is amended to read: +166. +(a) Except as provided in subdivisions (b), (c), and (d), a person guilty of any of the following contempts of court is guilty of a misdemeanor: +(1) Disorderly, contemptuous, or insolent behavior committed during the sitting of a court of justice, in the immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority. +(2) Behavior specified in paragraph (1) that is committed in the presence of a referee, while actually engaged in a trial or hearing, pursuant to the order of a court, or in the presence of any jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law. +(3) A breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court. +(4) Willful disobedience of the terms as written of any process or court order or out-of-state court order, lawfully issued by a court, including orders pending trial. +(5) Resistance willfully offered by any person to the lawful order or process of a court. +(6) The contumacious and unlawful refusal of a person to be sworn as a witness or, when so sworn, the like refusal to answer a material question. +(7) The publication of a false or grossly inaccurate report of the proceedings of a court. +(8) Presenting to a court having power to pass sentence upon a prisoner under conviction, or to a member of the court, an affidavit, testimony, or representation of any kind, verbal or written, in aggravation or mitigation of the punishment to be imposed upon the prisoner, except as provided in this code. +(9) Willful disobedience of the terms of an injunction that restrains the activities of a criminal street gang or any of its members, lawfully issued by a court, including an order pending trial. +(b) (1) A person who is guilty of contempt of court under paragraph (4) of subdivision (a) by willfully contacting a victim by telephone or mail, or directly, and who has been previously convicted of a violation of Section 646.9 shall be punished by imprisonment in a county jail for not more than one year, by a fine of five thousand dollars ($5,000), or by both that fine and imprisonment. +(2) For the purposes of sentencing under this subdivision, each contact shall constitute a separate violation of this subdivision. +(3) The present incarceration of a person who makes contact with a victim in violation of paragraph (1) is not a defense to a violation of this subdivision. +(c) (1) Notwithstanding paragraph (4) of subdivision (a), a willful and knowing violation of a protective order or stay-away court order described as follows shall constitute contempt of court, a misdemeanor, punishable by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine: +(A) An order issued pursuant to Section 136.2. +(B) An order issued pursuant to paragraph (2) of subdivision (a) of Section 1203.097. +(C) An order issued after a conviction in a criminal proceeding involving elder or dependent adult abuse, as defined in Section 368. +(D) An order issued pursuant to Section 1201.3. +(E) An order described in paragraph (3). +(2) If a violation of paragraph (1) results in a physical injury, the person shall be imprisoned in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence is suspended. +(3) Paragraphs (1) and (2) apply to the following court orders: +(A) An order issued pursuant to Section 6320 or 6389 of the Family Code. +(B) An order excluding one party from the family dwelling or from the dwelling of the other. +(C) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the orders described in paragraph (1). +(4) A second or subsequent conviction for a violation of an order described in paragraph (1) occurring within seven years of a prior conviction for a violation of any of those orders and involving an act of violence or “a credible threat” of violence, as provided in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or in the state prison for 16 months or two or three years. +(5) The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1). +(d) (1) A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure, shall be punished under Section 29825. +(2) A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (h) of Section 6389 of the Family Code. +(e) (1) If probation is granted upon conviction of a violation of subdivision (c), the court shall impose probation consistent with Section 1203.097. +(2) If probation is granted upon conviction of a violation of subdivision (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements: +(A) That the defendant make payments to a battered women’s shelter, up to a maximum of one thousand dollars ($1,000). +(B) That the defendant provide restitution to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. +(3) For an order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision or subdivision (c), the court shall make a determination of the defendant’s ability to pay. In no event shall an order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. +(4) If the injury to a married person is caused in whole, or in part, by the criminal acts of his or her spouse in violation of subdivision (c), the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents required by this subdivision, until all separate property of the offending spouse is exhausted. +(5) A person violating an order described in subdivision (c) may be punished for any substantive offenses described under Section 136.1 or 646.9. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1 or 646.9. However, a person held in contempt for a violation of subdivision (c) shall be entitled to credit for any punishment imposed as a result of that violation against any sentence imposed upon conviction of an offense described in Section 136.1 or 646.9. A conviction or acquittal for a substantive offense under Section 136.1 or 646.9 shall be a bar to a subsequent punishment for contempt arising out of the same act. +SEC. 2. +Section 368 of the Penal Code is amended to read: +368. +(a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf. +(b) (1) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years. +(2) If, in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in the state prison as follows: +(A) Three years if the victim is under 70 years of age. +(B) Five years if the victim is 70 years of age or older. +(3) If, in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows: +(A) Five years if the victim is under 70 years of age. +(B) Seven years if the victim is 70 years of age or older. +(c) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. +(d) Any person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows: +(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). +(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). +(e) Any caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows: +(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). +(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). +(f) Any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. +(g) As used in this section, “elder” means any person who is 65 years of age or older. +(h) As used in this section, “dependent adult” means any person who is between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes any person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. +(i) As used in this section, “caretaker” means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult. +(j) Nothing in this section shall preclude prosecution under both this section and Section 187 or 12022.7 or any other provision of law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for any single offense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for any single offense. +(k) In any case in which a person is convicted of violating these provisions, the court may require him or her to receive appropriate counseling as a condition of probation. Any defendant ordered to be placed in a counseling program shall be responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay. +(l) Upon conviction for a violation of subdivision (b), (c), (d), (e), or (f), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law makes it a crime for a person who knows or reasonably should know that a person is an elder or dependent adult to willfully cause or permit the person or health of the elder or dependent adult to be injured, or willfully cause or permit the elder or dependent adult to be placed in a situation in which his or her person or health is endangered. Existing law specifies penalties for a person who violates any provision of law proscribing theft, embezzlement, forgery, fraud, or specified identity theft provisions of law when the victim is an elder or dependent adult. Existing law makes it a crime to falsely imprison an elder or dependent adult by the use of violence, menace, fraud, or deceit. +This bill would require a sentencing court, upon a person’s conviction for violating these provisions, to consider issuing an order restraining the defendant from any contact with the victim, whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation, which may be valid for up to 10 years, as determined by the court. By expanding the scope of the crime of violating a protective order, this bill would impose a state-mandated local program. +This bill would also make a conforming change. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 166 and 368 of the Penal Code, relating to elder abuse." +93,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the 2015 Realignment Legislation addressing justice reinvestment. +SEC. 2. +The Legislature finds and declares all of the following: +(a) The Legislature is committed to reducing recidivism among criminal offenders, ensuring that local governments have adequate funding to achieve this goal, and facilitating the responsible implementation of the criminal justice policies contained in the 2011 Realignment Legislation addressing public safety. +(b) California must continue to reinvest its criminal justice resources to support community-based corrections programs, evidence-based practices, and local correctional facilities in order to achieve improved public safety returns on this state’s substantial investment in its criminal justice system. +(c) Realigning low-level felony offenders who do not have prior convictions for serious, violent, or sex offenses to locally run, community-based corrections programs, which are strengthened through community-based punishment, evidence-based practices, improved supervision strategies, and enhanced secured capacity, has the potential to improve public safety outcomes for adult felons and facilitate their reintegration back into society. However, local governments have indicated that current resources provided by the state to achieve these goals are inadequate. This lack of resources has resulted in deficiencies in bed space, evidence-based programs, and treatment options. Community-based corrections programs require additional funding to meet the level of need and provide an appropriate level of service for offender populations shifted as a result of the 2011 Realignment Legislation addressing public safety. +(d) By enacting the 2011 Realignment Legislation addressing public safety, the Legislature affirmed its commitment to justice reinvestment and stated that the purpose of justice reinvestment is to manage and allocate criminal justice populations more cost effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable. +(e) In order to properly implement the 2011 Realignment Legislation addressing public safety, it is the intent of the Legislature to fully commit to justice reinvestment by using identified state savings generated by the 2011 Realignment Legislation addressing public safety and any other necessary funds to provide local governments with maximum flexibility and adequate funding to manage these new offenders in the manner that is in the best interest of public safety, most appropriate to each county, and consistent with principles of justice reinvestment. +SEC. 3. +Chapter 6.4 (commencing with Section 30030) is added to Division 3 of Title 3 of the Government Code, to read: +CHAPTER 6.4. Realignment Reinvestment Fund +30030. +For purposes of this chapter, “realigned offenders” means offenders sentenced to a county jail or to mandatory supervision, or to both county jail and mandatory supervision, pursuant to subdivision (h) of Section 1170 of the Penal Code, offenders subject to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3 of the Penal Code, and any other offenders under county supervision whose supervision would have been the responsibility of the state if the 2011 Realignment Legislation addressing public safety had not been enacted. +30031. +(a) (1) The Realignment Reinvestment Fund is hereby established in the State Treasury. Moneys in the fund are continuously appropriated and shall be used exclusively for the purposes of this chapter. +(2) (A) Beginning in 2016, on or after July 1, and no later than August 31 of each year, the Director of Finance shall, in consultation with the Legislative Analyst, annually calculate both of the following: +(i) The actual net savings to the state for the immediately preceding fiscal year resulting from the 2011 Realignment Legislation addressing public safety. +(ii) An estimate of the net savings to the state for the current fiscal year resulting from the 2011 Realignment Legislation addressing public safety. +(B) Provided there are savings, the calculations shall be made for each fiscal year by subtracting the amount calculated pursuant to subparagraph (D) from the amount calculated pursuant to subparagraph (C) for each fiscal year. +(C) (i) For the calculation pursuant to clause (i) of subparagraph (A), the sum of all expenditure reductions, less cost increases, affecting the Department of Corrections and Rehabilitation in the fiscal year for which the calculation is being made that are a result of the 2011 Realignment Legislation addressing public safety. This calculation shall reflect the net fiscal impact of the 2011 Realignment Legislation addressing public safety and shall exclude, to the greatest extent possible, the fiscal impacts of all other changes, including, but not limited to, those resulting from legislation, voter-approved ballot measures, court orders, and other policy changes implemented subsequent to the 2011 Realignment Legislation addressing public safety. +(ii) For the calculation pursuant to clause (ii) of subparagraph (A), the projected sum of all expenditure reductions, less cost increases, affecting the Department of Corrections and Rehabilitation in the fiscal year for which the calculation is being made that are a result of the 2011 Realignment Legislation addressing public safety. This calculation shall reflect the net fiscal impact of the 2011 Realignment Legislation addressing public safety and shall exclude, to the greatest extent possible, the fiscal impacts of all other changes, including, but not limited to, those resulting from legislation, voter-approved ballot measures, court orders, and other policy changes implemented subsequent to the 2011 Realignment Legislation addressing public safety. +(D) (i) For the calculation pursuant to clause (i) of subparagraph (A), the sum of the allocations made from the Community Corrections Subaccount, the Community Corrections Growth Special Account, the District Attorney and Public Defender Subaccount, and the District Attorney and Public Defender Growth Special Account in the fiscal year for which the calculation is being made, less four hundred fifty-three million dollars ($453,000,000). +(ii) For the calculation pursuant to clause (ii) of subparagraph (A), the sum of the allocations projected to be made from the Community Corrections Subaccount, the Community Corrections Growth Special Account, the District Attorney and Public Defender Subaccount, and the District Attorney and Public Defender Growth Special Account in the fiscal year for which the calculation is being made, less four hundred fifty-three million dollars ($453,000,000). +(3) For the 2015–16 fiscal year, the Controller shall transfer one billion five hundred forty-three million seven hundred eighty three thousand dollars ($1,543,783,000) from the General Fund to the Realignment Reinvestment Fund for allocation pursuant to paragraph (5). +(4) Beginning with the 2016–17 fiscal year, and each fiscal year thereafter, the Controller shall transfer an amount equal to the difference between the amount identified in subparagraph (A) and the amount identified in subparagraph (B) from the General Fund to the Realignment Reinvestment Fund for allocation pursuant to paragraph (5). +(A) The estimate of net savings for the current fiscal year calculated pursuant to clause (ii) of subparagraph (A) of paragraph (2). +(B) An adjustment for the immediately preceding fiscal year that is the result of subtracting the amount calculated pursuant to clause (i) of subparagraph (A) of paragraph (2) for that fiscal year from the amount estimated pursuant to clause (ii) of subparagraph (A) of paragraph (2) for that fiscal year. +(5) The Controller shall annually allocate moneys in the Realignment Reinvestment Fund, no later than September 1 of each year, to each county and city and county, for deposit in the county’s or city and county’s Realignment Reinvestment Services Account proportionally, based on the average daily population of realigned offenders under each county’s supervision for the preceding fiscal year. The Controller shall consult with the Board of State and Community Corrections to determine the average daily population for each county. +(b) There shall be established in each county or city and county treasury a Realignment Reinvestment Services Account to receive all amounts allocated to a county or city and county for purposes of implementing this chapter. +(c) (1) Each county local Community Corrections Partnership established pursuant to subdivision (b) of Section 1230 of the Penal Code shall recommend a comprehensive, locally run supplemental community-based corrections plan to the county board of supervisors. The purpose of the plan shall be to improve the outcomes of the 2011 Realignment Legislation addressing public safety. The plan may include, but shall not be limited to, mental health programs, substance abuse programs, transitional housing programs, job placement programs, improved supervision strategies, community-based punishment programs, increased law enforcement staffing in cities and counties, county jail construction, maintenance, and operation, assessment and criminal prosecution of realigned offenders, and supervision or aftercare for offenders sentenced pursuant to subdivision (h) of Section 1170 of the Penal Code and offenders subject to postrelease community supervision pursuant to Section 3451 of the Penal Code. +(A) The supplemental community-based corrections plan may include, but shall not be limited to, all of the following components: +(i) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and other services that specifically target realigned offenders, and their families. +(ii) An identification and prioritization of the neighborhoods and other areas in the community that face a significant public safety risk from realigned offenders and associated crimes, including, but not limited to, gang activity, burglary, robbery, vandalism, controlled substances sales, firearm-related violence, and substance abuse. +(iii) A local action strategy that provides for a continuum of responses to crime and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for realigned offenders. +(iv) A schedule of programs identified in clause (iii) that are proposed to be funded pursuant to this subparagraph, including the projected amount of funding for each program. +(v) An accounting of the number of new crimes or violations committed by realigned offenders. +(vi) An evaluation of existing services and any gaps that may exist in those services. +(B) Programs proposed to be funded shall satisfy all of the following requirements: +(i) Be based on evidence-based programs and approaches that have been demonstrated to be effective in reducing crime, or programs that improve public safety through incapacitation, prosecution, or treatment of realigned offenders. +(ii) Employ information sharing systems to ensure that county and city actions are fully coordinated and designed to provide data for measuring the success of programs and strategies. +(C) The plan shall also identify the specific objectives of the programs proposed for funding and specified outcome measures to determine the effectiveness of the programs and contain an accounting for all program participants, including those who do not complete the programs. Outcome measures of the programs proposed to be funded shall include, but not be limited to, all of the following when that data is available and relevant to the program: +(i) The rate of arrests per 100,000 population. +(ii) The rate of successful completion of probation and postrelease community supervision. +(iii) The rate of successful completion of restitution and court-ordered community service responsibilities. +(iv) Arrest, incarceration, and probation violation rates of realigned offenders and other program participants. +(v) Quantification of the annual per capita costs of the program. +(D) To assess the effectiveness of programs funded pursuant to this paragraph using the program outcome criteria specified in subparagraph (C), the following periodic reports shall be submitted: +(i) Each county or city and county shall report, beginning October 15, 2016, and annually each October 15 thereafter, to the county board of supervisors and the Board of State and Community Corrections, in a format specified by the board, on the programs funded pursuant to this chapter and program outcomes as specified in subparagraph (C). +(ii) The Board of State and Community Corrections shall compile the local reports and, by March 15, 2017, and by March 15 of each year thereafter, make a report to the Governor and the Legislature on program expenditures within each county and city and county funded pursuant to this section and on the outcomes as specified in subparagraph (C). A report submitted pursuant to this clause shall be submitted in compliance with Section 9795 of the Government Code. +(2) The supplemental community-based corrections plan shall be voted on by an executive committee of each county’s Community Corrections Partnership consisting of the chief probation officer of the county as chair, a chief of police, the sheriff, the District Attorney, the Public Defender, the presiding judge of the superior court, or his or her designee, and one department representative listed in either subparagraph (G), (H), or (J) of paragraph (2) of subdivision (b) of Section 1230 of the Penal Code, as designated by the county board of supervisors for purposes related to the development and presentation of the plan. +(3) If a supplemental community-based corrections plan has been previously approved by a county’s or city and county’s local Community Corrections Partnership, the plan shall be reviewed annually and modified as needed. +(4) The supplemental community-based corrections plan or modified supplemental community-based corrections plan shall be deemed accepted by the county board of supervisors unless the board rejects the plan by a vote of four-fifths of the board, in which case the plan shall go back to the Community Corrections Partnership for further consideration. +(5) The supplemental community-based corrections plan or modified supplemental community-based corrections plan shall be submitted to the Board of State and Community Corrections no later than October 15 of each year. +(d) The Controller shall allocate funds to local jurisdictions for public safety in accordance with this section as described in subdivision (a). +(e) Funds allocated pursuant to subdivision (c) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met the requirement of this subdivision shall remit the unspent moneys in the Realignment Reinvestment Services Account to the Controller for deposit in the Realignment Reinvestment Fund. +(f) Beginning in 2016, and no later than May 1 of each year, the Director of Finance shall, in consultation with the Legislative Analyst, develop an estimate of the cost avoidances expected to be realized by the Department of Corrections and Rehabilitation in the current fiscal year that are a result of the 2011 Realignment Legislation addressing public safety and report those estimates to the chairpersons of the committees in each house of the Legislature that consider appropriations and to the Chairperson of the Joint Legislative Budget Committee. A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. The Legislature may consider each year whether to appropriate funds in augmentation of the moneys otherwise allocated pursuant to this chapter in an amount up to and including the amount of cost avoidances reported pursuant to this subdivision. +30032. +(a) Moneys allocated from a Realignment Reinvestment Services Account to a recipient entity shall be expended exclusively for services included in the county’s or city and county’s supplemental community-based corrections plan. These moneys shall supplement existing services, and shall not be used to supplant any existing funding for law enforcement services or programs or activities included in the supplemental community-based corrections plan provided by that entity. +(b) In no event shall any moneys allocated from the county’s or city and county’s Realignment Reinvestment Services Account be expended by a recipient entity to fund any of the following: +(1) Administrative overhead costs in excess of 1 percent of a recipient entity’s Realignment Reinvestment Services Account allocation for that fiscal year. +(2) The costs of any capital project or construction project that does not directly support programs or activities included in the supplemental community-based corrections plan. +(c) For purposes of this section, both of the following shall apply: +(1) A “recipient entity” is that entity that actually incurs the expenditures of Realignment Reinvestment Services Account funds allocated pursuant to subdivision (c) of Section 30301. +(2) Administrative overhead costs shall only be charged by the recipient entity, as defined in paragraph (1), up to 1 percent of its Realignment Reinvestment Services Account allocation. +30033. +The moneys in the Realignment Reinvestment Services Account established pursuant to subdivision (b) of Section 30031 in each county or city and county shall be expended exclusively as required by this chapter. Moneys allocated from the account shall not be transferred to, or commingled with, the moneys in any other fund in the county or city and county treasury, except that moneys may be transferred from the account to the county’s or city and county’s general fund to the extent necessary to facilitate the appropriation and expenditure of those transferred moneys in the manner required by this chapter. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, requires that certain specified felonies be punished by a term of imprisonment in a county jail for 16 months, or 2 or 3 years, and provides for postrelease community supervision by county officials for persons convicted of certain specified felonies upon release from prison or county jail. As part of the realignment of public safety services to local agencies, existing law establishes the Local Revenue Fund 2011 into which specified tax revenues are deposited and are continuously appropriated for the provision of public safety services, as defined. +This bill, the 2015 Realignment Legislation addressing justice reinvestment, would establish the Realignment Reinvestment Fund in the State Treasury as a continuously appropriated fund. The bill would require the Director of Finance, in consultation with the Legislative Analyst, to annually calculate the net savings to the state for the prior fiscal year and an estimate of the net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, as specified. The bill would require the Controller to transfer $1,543,783,000 from the General Fund to the Realignment Reinvestment Fund for the 2015–16 fiscal year, thereby making an appropriation. The bill would, beginning in the 2016–17 fiscal year, and each fiscal year thereafter, require the Controller to transfer an amount equal to the estimate of net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, adjusted by the difference between the preceding year’s estimate and the calculated prior fiscal year net savings, thereby making an appropriation. +The bill would require the Controller to annually allocate moneys in the Realignment Reinvestment Fund, no later than September 1 of each year, to each county for deposit in the county’s Realignment Reinvestment Services Account proportionally, based on the average daily population of realigned offenders under each county’s supervision for the preceding fiscal year. The bill would require the Controller to consult with the Board of State and Community Corrections to determine the average daily population for each county. +The bill would require a Realignment Reinvestment Services Account to be established in each county treasury. The bill would require the moneys to implement a comprehensive, locally run, supplemental community-based corrections plan, as specified. The bill would require the supplemental community-based corrections plan to be developed by each county’s local Community Corrections Partnership and to be voted on by an executive committee of each county’s Community Corrections Partnership, as specified. The bill would deem the supplemental community-based corrections plan accepted by the county board of supervisors unless the board rejects the plan by a +4/5 +vote. The bill would require each county or city and county to annually report to the county board of supervisors and the Board of State and Community Corrections on the programs funded pursuant to these provisions, as specified. By imposing additional duties on local officials, this bill would impose a state-mandated local program. +The bill would require the Director of Finance, in consultation with the Legislative Analyst, to develop a yearly estimate of the cost avoidances expected to be realized by the Department of Corrections and Rehabilitation that are a result of the 2011 Realignment Legislation, and would require the director to report those estimates to the Legislature, as provided. +The bill would require that moneys allocated from a Realignment Reinvestment Services Account be expended exclusively for purposes of the bill’s provisions. The bill would require that funds received pursuant to its provisions be expended or encumbered no later than June 30 the following year, and would require unspent moneys to be remitted for deposit in the Realignment Reinvestment Fund. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Chapter 6.4 (commencing with Section 30030) to Division 3 of Title 3 of the Government Code, relating to criminal justice realignment, and making an appropriation therefor." +94,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7522.02 of the Government Code is amended to read: +7522.02. +(a) (1) Notwithstanding any other law, except as provided in this article, on and after January 1, 2013, this article shall apply to all state and local public retirement systems and to their participating employers, including the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Legislators’ Retirement System, the Judges’ Retirement System, the Judges’ Retirement System II, county and district retirement systems created pursuant to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3), independent public retirement systems, and to individual retirement plans offered by public employers. However, this article shall be subject to the Internal Revenue Code and Section 17 of Article XVI of the California Constitution. The administration of the requirements of this article shall comply with applicable provisions of the Internal Revenue Code and the Revenue and Taxation Code. +(2) Notwithstanding paragraph (1), this article shall not apply to the entities described in Section 9 of Article IX of, and Sections 4 and 5 of Article XI of, the California Constitution, except to the extent that these entities continue to be participating employers in any retirement system governed by state statute. Accordingly, any retirement plan approved before January 1, 2013, by the voters of any entity excluded from coverage by this section shall not be affected by this article. +(3) (A) Notwithstanding paragraph (1), this article shall not apply to a public employee whose interests are protected under Section 5333(b) of Title 49 of the United States Code until a federal district court rules that the United States Secretary of Labor, or his or her designee, erred in determining that the application of this article precludes certification under that section, or until January 1, 2016, whichever is sooner. +(B) If a federal district court upholds the determination of the United States Secretary of Labor, or his or her designee, that application of this article precludes him or her from providing a certification under Section 5333(b) of Title 49 of the United States Code, this article shall not apply to a public employee specified in subparagraph (A). +(4) Notwithstanding paragraph (1), this article shall not apply to a multiemployer plan authorized by Section 302(c)(5) of the federal Taft-Hartley Act (29 U.S.C. Sec. 186(c)(5)) if the public employer began participation in that plan prior to January 1, 2013, and the plan is regulated by the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.). +(b) The benefit plan required by this article shall apply to public employees who are new members as defined in Section 7522.04. +(c) (1) Individuals who were employed by any public employer before January 1, 2013, and who became employed by a subsequent public employer for the first time on or after January 1, 2013, shall be subject to the retirement plan that would have been available to employees of the subsequent employer who were first employed by the subsequent employer on or before December 31, 2012, if the individual was subject to concurrent membership for which creditable service was performed in the previous six months or reciprocity established under any of the following provisions: +(A) Article 5 (commencing with Section 20350) of Chapter 3 of Part 3 of Division 5 of Title 2. +(B) Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3. +(C) Any agreement between public retirement systems to provide reciprocity to members of the systems. +(D) Section 22115.2 of the Education Code. +(2) An individual who was employed before January 1, 2013, and who, without a separation from employment, changed employment positions and became subject to a different defined benefit plan in a different public retirement system offered by his or her employer shall be subject to that defined benefit plan as it would have been available to employees who were first employed on or before December 31, 2012. +(d) If a public employer, before January 1, 2013, offers a defined benefit pension plan that provides a defined benefit formula with a lower benefit factor at normal retirement age and results in a lower normal cost than the defined benefit formula required by this article, that employer may continue to offer that defined benefit formula instead of the defined benefit formula required by this article, and shall not be subject to the requirements of Section 7522.10 for pensionable compensation subject to that formula. However, if the employer adopts a new defined benefit formula on or after January 1, 2013, that formula must conform to the requirements of this article or must be determined and certified by the retirement system’s chief actuary and the retirement board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the defined benefit plan may only participate in the lower cost defined benefit formula that was in place before January 1, 2013, or a defined benefit formula that conforms to the requirements of this article or is approved by the Legislature as provided in this subdivision. +(e) If a public employer, before January 1, 2013, offers a retirement benefit plan that consists solely of a defined contribution plan, that employer may continue to offer that plan instead of the defined benefit pension plan required by this article. However, if the employer adopts a new defined benefit pension plan or defined benefit formula on or after January 1, 2013, that plan or formula must conform to the requirements of this article or must be determined and certified by the retirement system’s chief actuary and the system’s board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the employer’s plan may only participate in the defined contribution plan that was in place before January 1, 2013, or a defined contribution plan or defined benefit formula that conforms to the requirements of this article. This subdivision shall not be construed to prohibit an employer from offering a defined contribution plan on or after January 1, 2013, either with or without a defined benefit plan, whether or not the employer offered a defined contribution plan prior to that date. +(f) (1) If, on or after January 1, 2013, the Cities of Brea and Fullerton form a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5), that joint powers authority may provide employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of the City of Brea, the City of Fullerton, or a city described in paragraph (2) who is not a new member and subsequently is employed by the joint powers authority within 180 days of the city providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. +(2) On or before January 1, 2017, a city in Orange County that is contiguous to the City of Brea or the City of Fullerton may join the joint powers authority described in paragraph (1) but not more than three cities shall be permitted to join. +(3) The formation of a joint powers authority on or after January 1, 2013, shall not act in a manner as to exempt a new employee or a new member, as defined by Section 7522.04, from the requirements of this article. New members may only participate in a defined benefit plan or formula that conforms to the requirements of this article. +(g) The Judges’ Retirement System and the Judges’ Retirement System II shall not be required to adopt the defined benefit formula required by Section 7522.20 or 7522.25 or the compensation limitations defined in Section 7522.10. +(h) This article shall not be construed to provide membership in any public retirement system for an individual who would not otherwise be eligible for membership under that system’s applicable rules or laws. +(i) On and after January 1, 2013, each public retirement system shall modify its plan or plans to comply with the requirements of this article and may adopt regulations or resolutions for this purpose.","The California Public Employees’ Pension Reform Act of 2013 (PEPRA) requires a public retirement system, as defined, to modify its plan or plans to comply with the act and, among other provisions, establishes new retirement formulas that may not be exceeded by a public employer offering a defined benefit pension plan for employees first hired on or after January 1, 2013. Existing law, the Joint Exercise of Powers Act, generally authorizes 2 or more public agencies, by agreement, to jointly exercise any common power, which may include hiring employees and establishing retirement systems. PEPRA authorizes a joint powers authority formed by the Cities of Brea and Fullerton on or after January 1, 2013, to provide employees who are not new members under PEPRA with the defined benefit plan or formula that was received by those employees from their respective employers on December 31, 2012, if they are employed by the joint powers authority without a break in service of more than 180 days. +This bill would revise the period during which the authorization granted to a joint powers authority formed by the Cities of Brea and Fullerton to provide specified retirement benefits, as described above, may be applied. The bill would authorize the authority to provide its employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of specified cities who is not a new member and subsequently is employed by the joint powers authority within 180 days of the city providing for the exercise of a common power, to which the employee was associated, by the joint powers authority.","An act to amend Section 7522.02 of the Government Code, relating to public employees’ retirement." +95,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares the following: +(a) In 2014, the gender wage gap in California stood at 16 cents on the dollar. A woman working full time year round earned an average of 84 cents to every dollar a man earned. This wage gap extends across almost all occupations reporting in California. This gap is far worse for women of color; Latina women in California make only 44 cents for every dollar a white male makes, the biggest gap for Latina women in the nation. +(b) While the state’s overall wage gap is slightly lower than the national average of 78 cents to the dollar, the persistent disparity in earnings still has a significant impact on the economic security and welfare of millions of working women and their families. Collectively, women working full time in California lose approximately $33,650,294,544 each year due to the gender wage gap. The wage gap contributes to the higher statewide poverty rate among women, which stands at 18 percent, compared to approximately 15 percent for men, and the poverty rate is even higher for women of color and single women living with children. +(c) California has prohibited gender-based wage discrimination since 1949. Section 1197.5 of the Labor Code was enacted to redress the segregation of women into historically undervalued occupations, but it has evolved over the last four decades so that it is now virtually identical to the federal Equal Pay Act of 1963 (29 U.S.C. Sec. 206(d)). However, the state provisions are rarely utilized because the current statutory language makes it difficult to establish a successful claim. +(d) Pay secrecy also contributes to the gender wage gap, because women cannot challenge wage discrimination that they do not know exists. Although California law prohibits employers from banning wage disclosures and retaliating against employees for engaging in this activity, in practice many employees are unaware of these protections and others are afraid to exercise these rights due to potential retaliation. +(e) To eliminate the gender wage gap in California, the state’s equal pay provisions and laws regarding wage disclosures must be improved. +SEC. 2. +Section 1197.5 of the Labor Code is amended to read: +1197.5. +(a) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: +(1) The wage differential is based upon one or more of the following factors: +(A) A seniority system. +(B) A merit system. +(C) A system that measures earnings by quantity or quality of production. +(D) A bona fide factor other than sex, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. +(2) Each factor relied upon is applied reasonably. +(3) The one or more factors relied upon account for the entire wage differential. +(b) Any employer who violates subdivision (a) is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. +(c) The Division of Labor Standards Enforcement shall administer and enforce this section. If the division finds that an employer has violated this section, it may supervise the payment of wages and interest found to be due and unpaid to employees under subdivision (a). Acceptance of payment in full made by an employer and approved by the division shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (g). +(d) Every employer shall maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All of the records shall be kept on file for a period of three years. +(e) Any employee may file a complaint with the division that the wages paid are less than the wages to which the employee is entitled under subdivision (a) or that the employer is in violation of subdivision (j). The complaint shall be investigated as provided in subdivision (b) of Section 98.7. The division shall keep confidential the name of any employee who submits to the division a complaint regarding an alleged violation of subdivision (a) or (j) until the division establishes the validity of the complaint, unless the division must abridge confidentiality to investigate the complaint. The name of the complaining employee shall remain confidential if the complaint is withdrawn before the confidentiality is abridged by the division. The division shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to these employees. +(f) The department or division may commence and prosecute, unless otherwise requested by the employee or affected group of employees, a civil action on behalf of the employee and on behalf of a similarly affected group of employees to recover unpaid wages and liquidated damages under subdivision (a), and in addition shall be entitled to recover costs of suit. The consent of any employee to the bringing of any action shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (g) unless the action is dismissed without prejudice by the department or the division, except that the employee may intervene in the suit or may initiate independent action if the suit has not been determined within 180 days from the date of the filing of the complaint. +(g) Any employee receiving less than the wage to which the employee is entitled under this section may recover in a civil action the balance of the wages, including interest thereon, and an equal amount as liquidated damages, together with the costs of the suit and reasonable attorney’s fees, notwithstanding any agreement to work for a lesser wage. +(h) A civil action to recover wages under subdivision (a) may be commenced no later than two years after the cause of action occurs, except that a cause of action arising out of a willful violation may be commenced no later than three years after the cause of action occurs. +(i) If an employee recovers amounts due the employee under subdivision (b), and also files a complaint or brings an action under subdivision (d) of Section 206 of Title 29 of the United States Code which results in an additional recovery under federal law for the same violation, the employee shall return to the employer the amounts recovered under subdivision (b), or the amounts recovered under federal law, whichever is less. +(j) (1) An employer shall not discharge, or in any manner discriminate or retaliate against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this section. An employer shall not prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise his or her rights under this section. Nothing in this section creates an obligation to disclose wages. +(2) Any employee who has been discharged, discriminated or retaliated against, in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in this section may recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief. +(3) A civil action brought under this subdivision may be commenced no later than one year after the cause of action occurs. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law regulates the payment of compensation to employees by employers and prohibits an employer from conditioning employment on requiring an employee to refrain from disclosing the amount of his or her wages, signing a waiver of the right to disclose the amount of those wages, or discriminating against an employee for making such a disclosure. +Existing law generally prohibits an employer from paying an employee at wage rates less than the rates paid to employees of the opposite sex in the same establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Existing law establishes exceptions to that prohibition where the payment is made pursuant to a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or a differential based on any bona fide factor other than sex. Existing law makes it a misdemeanor for an employer or other person acting either individually or as an officer, agent, or employee of another person to pay or cause to be paid to any employee a wage less than the rate paid to an employee of the opposite sex as required by these provisions, or who reduces the wages of any employee in order to comply with these provisions. +This bill would revise that prohibition to eliminate the requirement that the wage differential be within the same establishment, and instead would prohibit an employer from paying any of its employees at wage rates less than those paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, as specified. The bill would revise and recast the exceptions to require the employer to affirmatively demonstrate that a wage differential is based upon one or more specified factors, including a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a bona fide factor other than sex, as specified. The bill would also require the employer to demonstrate that each factor relied upon is applied reasonably, and that the one or more factors relied upon account for the entire differential. The bill would prohibit an employer from discharging, or in any manner discriminating or retaliating against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of these provisions. The bill would authorize an employee who has been discharged or discriminated or retaliated against, in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in these provisions, to recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief. The bill would prohibit an employer from prohibiting an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise his or her rights under these provisions. The bill would also increase the duration of employer recordkeeping requirements from 2 years to 3 years. By changing the definition of a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1197.5 of the Labor Code, relating to private employment." +96,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Pupil achievement in mathematics is important to prepare pupils for college and their future careers, especially those careers in the fields of science, technology, engineering, and mathematics (STEM). +(b) Placement in appropriate mathematics courses is critically important for a pupil during his or her middle and high school years. A pupil’s 9th grade math course placement is a crucial crossroads for his or her future educational success. Misplacement in the sequence of mathematics courses creates a number of barriers and results in pupils being less competitive for college admissions, including admissions at the California State University and University of California. +(c) The most egregious examples of mathematics misplacement occur with successful pupils and, disproportionately, with successful pupils of color. These successful pupils are achieving a grade of “B” or better, or are testing at proficient or even advanced proficiency on state assessments. Nevertheless, they are held back to repeat 8th grade mathematics coursework rather than advancing to the next course in the recommended mathematics course sequence. +(d) Mathematics misplacement has far-reaching impacts on a pupil’s confidence, general knowledge of mathematical concepts, and high school experience, and may also impact the college career opportunities available to the pupil. +(e) New research shows that it is less common for pupils of color, even high-achieving pupils of color, to reach calculus by grade 12 compared to their white and Asian peers. +(f) All pupils, regardless of race, ethnicity, gender, or socioeconomic background, deserve an equal chance to advance in mathematics. +(g) With the shift towards implementation of the Common Core State Standards for Mathematics, it is particularly important for all pupils to have access to high-quality mathematics programs that meet the goals and expectations of these standards. +(h) It is crucial for teachers and guidance personnel to advise pupils and parents on the importance of accurate mathematics course placement and its impact on future college eligibility so pupils may take each course in the mathematics course sequence. +(i) California faces a looming shortage of college-educated workers in an increasingly competitive global economy. +(j) A policy for correct mathematics placement must be addressed in order to ensure a fair process and chance of success for all pupils. +SEC. 2. +Section 51224.7 is added to the Education Code, to read: +51224.7. +(a) This act shall be known, and may be cited, as the California Mathematics Placement Act of 2015. +(b) Governing boards or bodies of local educational agencies that serve pupils entering grade 9 and that have not adopted a fair, objective, and transparent mathematics placement policy, as described in paragraphs (1) to (5), inclusive, as of January 1, 2016, shall, before the beginning of the 2016–17 school year, develop and adopt, in a regularly scheduled public meeting, a fair, objective, and transparent mathematics placement policy for pupils entering grade 9 that does all of the following: +(1) Systematically takes multiple objective academic measures of pupil performance into consideration. For purposes of this paragraph, “objective academic measures” means measures, such as statewide mathematics assessments, including interim and summative assessments authorized pursuant to Section 60640, placement tests that are aligned to state-adopted content standards in mathematics, classroom assignment and grades, and report cards. +(2) Includes at least one placement checkpoint within the first month of the school year to ensure accurate placement and permit reevaluation of individual pupil progress. +(3) Requires examination of aggregate pupil placement data annually to ensure that pupils who are qualified to progress in mathematics courses based on their performance on objective academic measures selected for inclusion in the policy pursuant to paragraph (1) are not held back in a disproportionate manner on the basis of their race, ethnicity, gender, or socioeconomic background. The local educational agency shall report the aggregate results of this examination to the governing board or body of the local educational agency. +(4) Offers clear and timely recourse for each pupil and his or her parent or legal guardian who questions the pupil’s placement. +(5) For nonunified school districts, addresses the consistency of mathematics placement policies between elementary and high school districts. +(c) Governing boards or bodies of local educational agencies serving pupils who are transitioning between elementary and middle school or elementary and junior high school may develop and implement a mathematics placement policy for these pupils, as applicable, that satisfies paragraphs (1) to (5), inclusive, of subdivision (b). +(d) Each governing board or body of a local educational agency shall ensure that its mathematics placement policy is posted on its Internet Web site. +(e) For purposes of this section, “local educational agency” means county office of education, school district, state special school, or charter school. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes a system of public elementary and secondary education in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils. +This bill would enact the California Mathematics Placement Act of 2015. The bill would require governing boards or bodies of local educational agencies, as defined, that serve pupils entering grade 9 and that have not adopted a fair, objective, and transparent mathematics placement policy as of January 1, 2016, to, before the beginning of the 2016–17 school year, develop and adopt, in a regularly scheduled public meeting, a fair, objective, and transparent mathematics placement policy for pupils entering grade 9 with specified elements, and would authorize governing boards or bodies of local educational agencies serving pupils who are transitioning between elementary and middle school or elementary and junior high school to develop and implement a mathematics placement policy for these pupils, as applicable, with these specified elements. The bill would further require each governing board or body of a local educational agency to ensure that its mathematics placement policy is posted on its Internet Web site. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 51224.7 to the Education Code, relating to pupil instruction." +97,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4846.5 of the Business and Professions Code is amended to read: +4846.5. +(a) Except as provided in this section, the board shall issue renewal licenses only to those applicants that have completed a minimum of 36 hours of continuing education in the preceding two years. +(b) (1) Notwithstanding any other law, continuing education hours shall be earned by attending courses relevant to veterinary medicine and sponsored or cosponsored by any of the following: +(A) American Veterinary Medical Association (AVMA) accredited veterinary medical colleges. +(B) Accredited colleges or universities offering programs relevant to veterinary medicine. +(C) The American Veterinary Medical Association. +(D) American Veterinary Medical Association recognized specialty or affiliated allied groups. +(E) American Veterinary Medical Association’s affiliated state veterinary medical associations. +(F) Nonprofit annual conferences established in conjunction with state veterinary medical associations. +(G) Educational organizations affiliated with the American Veterinary Medical Association or its state affiliated veterinary medical associations. +(H) Local veterinary medical associations affiliated with the California Veterinary Medical Association. +(I) Federal, state, or local government agencies. +(J) Providers accredited by the Accreditation Council for Continuing Medical Education (ACCME) or approved by the American Medical Association (AMA), providers recognized by the American Dental Association Continuing Education Recognition Program (ADA CERP), and AMA or ADA affiliated state, local, and specialty organizations. +(2) Continuing education credits shall be granted to those veterinarians taking self-study courses, which may include, but are not limited to, reading journals, viewing video recordings, or listening to audio recordings. The taking of these courses shall be limited to no more than six hours biennially. +(3) The board may approve other continuing veterinary medical education providers not specified in paragraph (1). +(A) The board has the authority to recognize national continuing education approval bodies for the purpose of approving continuing education providers not specified in paragraph (1). +(B) Applicants seeking continuing education provider approval shall have the option of applying to the board or to a board-recognized national approval body. +(4) For good cause, the board may adopt an order specifying, on a prospective basis, that a provider of continuing veterinary medical education authorized pursuant to paragraph (1) or (3) is no longer an acceptable provider. +(5) Continuing education hours earned by attending courses sponsored or cosponsored by those entities listed in paragraph (1) between January 1, 2000, and January 1, 2001, shall be credited toward a veterinarian’s continuing education requirement under this section. +(c) Every person renewing his or her license issued pursuant to Section 4846.4, or any person applying for relicensure or for reinstatement of his or her license to active status, shall submit proof of compliance with this section to the board certifying that he or she is in compliance with this section. Any false statement submitted pursuant to this section shall be a violation subject to Section 4831. +(d) This section shall not apply to a veterinarian’s first license renewal. This section shall apply only to second and subsequent license renewals granted on or after January 1, 2002. +(e) The board shall have the right to audit the records of all applicants to verify the completion of the continuing education requirement. Applicants shall maintain records of completion of required continuing education coursework for a period of four years and shall make these records available to the board for auditing purposes upon request. If the board, during this audit, questions whether any course reported by the veterinarian satisfies the continuing education requirement, the veterinarian shall provide information to the board concerning the content of the course; the name of its sponsor and cosponsor, if any; and specify the specific curricula that was of benefit to the veterinarian. +(f) A veterinarian desiring an inactive license or to restore an inactive license under Section 701 shall submit an application on a form provided by the board. In order to restore an inactive license to active status, the veterinarian shall have completed a minimum of 36 hours of continuing education within the last two years preceding application. The inactive license status of a veterinarian shall not deprive the board of its authority to institute or continue a disciplinary action against a licensee. +(g) Knowing misrepresentation of compliance with this article by a veterinarian constitutes unprofessional conduct and grounds for disciplinary action or for the issuance of a citation and the imposition of a civil penalty pursuant to Section 4883. +(h) The board, in its discretion, may exempt from the continuing education requirement any veterinarian who for reasons of health, military service, or undue hardship cannot meet those requirements. Applications for waivers shall be submitted on a form provided by the board. +(i) The administration of this section may be funded through professional license and continuing education provider fees. The fees related to the administration of this section shall not exceed the costs of administering the corresponding provisions of this section. +(j) For those continuing education providers not listed in paragraph (1) of subdivision (b), the board or its recognized national approval agent shall establish criteria by which a provider of continuing education shall be approved. The board shall initially review and approve these criteria and may review the criteria as needed. The board or its recognized agent shall monitor, maintain, and manage related records and data. The board may impose an application fee, not to exceed two hundred dollars ($200) biennially, for continuing education providers not listed in paragraph (1) of subdivision (b). +(k) (1) On or after January 1, 2018, a licensed veterinarian who renews his or her license shall complete a minimum of one credit hour of continuing education on the judicious use of medically important antimicrobial drugs every four years as part of his or her continuing education requirements. +(2) For purposes of this subdivision, “medically important antimicrobial drug” means an antimicrobial drug listed in Appendix A of the federal Food and Drug Administration’s Guidance for Industry #152, including critically important, highly important, and important antimicrobial drugs, as that appendix may be amended. +SEC. 2. +Section 1275.4 is added to the Health and Safety Code, to read: +1275.4. +(a) On or before January 1, 2017, each skilled nursing facility, as defined in subdivision (c) of Section 1250, shall adopt and implement an antimicrobial stewardship policy that is consistent with antimicrobial stewardship guidelines developed by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, or similar recognized professional organizations. +(b) All skilled nursing facilities, as defined in subdivision (c) of Section 1250, shall comply with this section. Failure to comply with the requirements of this section may subject the facility to the enforcement actions set forth in Section 1423. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to protect Californians from the burden and threats posed by the national security priority of antimicrobial-resistant infections, it is necessary that this act take effect immediately.","Under the Veterinary Medicine Practice Act, the Veterinary Medical Board licenses veterinarians and regulates the practice of veterinary medicine. The act requires an applicant for a renewal license to complete 36 hours of continuing education in the preceding 2 years. +This bill would require a veterinarian who renews his or her license on or after January 1, 2018, to complete a minimum of one credit hour of continuing education on the judicious use of medically important antimicrobial drugs, as defined, every 4 years as part of the continuing education requirement. +Existing law provides for the licensure and regulation of skilled nursing facilities by the State Department of Public Health. Under existing law, a violation of the provisions governing skilled nursing facilities constitutes a crime. Existing law also establishes the Hospital Infectious Disease Control Program, which requires the department and general acute care hospitals to implement various measures relating to the prevention of health care associated infection. The program requires, by July 1, 2015, that each general acute care hospital adopt and implement an antimicrobial stewardship policy, in accordance with guidelines established by the federal government and professional organizations, that includes a process to evaluate the judicious use of antibiotics, as specified. +This bill would require all skilled nursing facilities, as defined, by no later than January 1, 2017, to adopt and implement an antimicrobial stewardship policy that is consistent with the antimicrobial stewardship guidelines developed by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, or specified professional organizations. +By expanding the scope of an existing crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 4846.5 of the Business and Professions Code, and to add Section 1275.4 to the Health and Safety Code, relating to public health, and declaring the urgency thereof, to take effect immediately." +98,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 13307 of the Elections Code is amended to read: +13307. +(a) (1) Each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidate’s statement on an appropriate form provided by the elections official. The statement may include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidate’s education and qualifications expressed by the candidate himself or herself. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. +(2) The statement authorized by this subdivision shall be filed in the office of the elections official when the candidate’s nomination papers are returned for filing, if it is for a primary election, or for an election for offices for which there is no primary. The statement shall be filed in the office of the elections official no later than the 88th day before the election, if it is for an election for which nomination papers are not required to be filed. If a runoff election or general election occurs within 88 days of the primary or first election, the statement shall be filed with the elections official by the third day following the governing body’s declaration of the results from the primary or first election. +(3) Except as provided in Section 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5 p.m. of the next working day after the close of the nomination period. +(b) (1) The elections official shall send to each voter, together with the sample ballot, a voter’s pamphlet which contains the written statements of each candidate that is prepared pursuant to this section. The statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing. +(2) The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the following: +(A) A certified and registered interpreter on the Judicial Council Master List. +(B) An interpreter categorized as “certified” or “professionally qualified” by the Administrative Office of the United States Courts. +(C) From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education. +(D) A current voting member in good standing of the American Translators Association. +(E) A current member in good standing of the American Association of Language Specialists. +(c) The local agency may estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the federal Voting Rights Act of 1965, as amended. The local agency may require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the local agency is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the local agency may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the local agency which, or the elections official who, collected the estimated cost shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. +(d) Nothing in this section shall be deemed to make any statement, or the authors thereof, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous statements offered for printing or contained in the voter’s pamphlet. +(e) Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidate’s statement sent to each voter. This decision shall not be revoked or modified after the seventh day prior to the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, and mailing shall be provided to each candidate or his or her representative at the time he or she picks up the nomination papers. +(f) For purposes of this section and Section 13310, the board of supervisors shall be deemed the governing body of judicial elections. +SEC. 2. +Section 14111 of the Elections Code is amended to read: +14111. +Translations of the ballot measures and ballot instructions, as required by Section 14201, shall be provided by a person selected by the elections official who is one of the following: +(a) A certified and registered interpreter on the Judicial Council Master List. +(b) An interpreter categorized as “certified” or “professionally qualified” by the Administrative Office of the United States Courts. +(c) From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education. +(d) A current voting member in good standing of the American Translators Association. +(e) A current member in good standing of the American Association of Language Specialists.","Existing law requires each county elections official to prepare separate sample ballots for each political party and a separate sample nonpartisan ballot, as specified. Existing law requires the elections official to send to each voter, together with the sample ballot, a voter’s pamphlet that contains the written statements of each candidate. Existing law requires the elections officials to provide a Spanish translation to those candidates who wish to have one and requires that the person selected to provide that translation be from a list of approved Spanish-language translators and interpreters of the superior court of the county or from an institution accredited by the Western Association of Schools and Colleges. +Existing law requires the public posting of specified voting information at each polling place on the day of each election. Existing law requires the precinct board to post, in a conspicuous location at the polling place, at least one facsimile copy of the ballot with the ballot measures and ballot instructions printed in Spanish and facsimile ballots printed in other languages if a significant and substantial need is found by the elections official. Existing law requires that each translation of the ballot measures and ballot instructions posted at the polling place be provided by a person selected by the elections official from the list of approved translators and interpreters of the superior court of the county or from an institution accredited by the Western Association of Schools and Colleges. +This bill would expand the group of acceptable translators for purposes of those provisions to include persons appearing on the Judicial Council Master List, persons qualified by the Administrative Office of the United States Courts, persons from an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education, and members of certain professional organizations.","An act to amend Sections 13307 and 14111 of the Elections Code, relating to elections." +99,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 562 is added to the Food and Agricultural Code, to read: +562. +The Legislature further finds and declares all of the following: +(a) California’s agricultural output is larger and more diverse than any state in the United States, providing the majority of the country’s fruits, vegetables, nuts, and dairy products. +(b) Dependent on land and natural resources, California agriculture is uniquely vulnerable to climate change, which poses a serious threat to California agriculture with rising temperatures, increases in extreme weather events, constrained water resources, reduced winter chilling hours, and rising sea levels. +(c) California agriculture also is uniquely positioned to provide climate benefits by reducing greenhouse gas emissions. Research funded by the State Energy Resources +and Conservation +Conservation and +Development Commission’s Public Interest Energy Research (PIER) program finds that some agricultural practices will not only reduce greenhouse gas emissions, but they also may help to store carbon in soils and trees. Carbon storage is an important strategy to help meet the state’s greenhouse gas emissions targets. +(d) Steps taken by those working in California agriculture to reduce greenhouse gas emissions and sequester atmospheric carbon can provide other important environmental cobenefits, such as improved air and water quality, water conservation, enhanced wildlife habitat, and healthier rural communities. +(e) It is, therefore, the intent of the Legislature to enhance the long-term viability of California agriculture by supporting activities that reduce climate change impacts that may negatively impact it and the rest of the state. +(f) It is further the intent of the Legislature that the department, pursuant to this article, support the state’s agricultural sector in pursuing on-farm practices and activities that reduce greenhouse gas emissions and increase carbon storage in agricultural soils and woody biomass. +SEC. 2. +Section 564 of the Food and Agricultural Code is amended to read: +564. +Unless the context otherwise requires, the following definitions govern the construction of this article: +(a) “Agricultural activities” means those activities that generate products as specified in Section 54004. +(b) “Department” means the Department of Food and Agriculture. +(c) “Fund” means the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. +(d) “Panel” means the Environmental Farming Science Advisory Panel. +(e) “Secretary” means the Secretary of Food and Agriculture. +SEC. 3. +Section 566 of the Food and Agricultural Code is amended to read: +566. +(a) (1) The department shall establish and oversee an environmental farming program. The program may provide incentives, including, but not limited to, loans, grants, research, technical assistance, or educational materials and outreach, to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat and reduce on-farm greenhouse gas emissions or increase carbon storage in agricultural soils and woody biomass, or both. +(2) The department may provide support through the program that may include, but need not be limited to, permit assistance and coordination and the funding of on-farm demonstration projects in furtherance of the goals of the program. +(b) (1) The department may assist in the compilation of scientific evidence from public and private sources, including the scientific community, industry, conservation organizations, and federal, state, and local agencies identifying the net environmental impacts and benefits that agriculture creates for the environment. +(2) The department shall serve as the depository of the scientific evidence compiled pursuant to this subdivision and provide it to federal, state, and local agencies as needed. +(c) The department shall conduct the activities specified in this article with existing resources, to the extent they are available. +SEC. 4. +Section 568 of the Food and Agricultural Code is amended to read: +568. +(a) The secretary shall convene an Environmental Farming Science Advisory Panel to advise the secretary on the implementation of an environmental farming program, established pursuant to Section 566, and assist federal, state, and local government agencies, as appropriate or necessary, on issues relating to the impact of agricultural practices on air, water, climate change, and wildlife habitat. +(b) (1) The panel shall consist of the following members: +(A) Two members appointed by the Secretary for Environmental Protection. One of these members shall have expertise in climate change and its impacts on California agriculture, and the other member shall have expertise in greenhouse gas emissions reduction practices related to agriculture. +(B) Two members appointed by the Secretary of the Natural Resources Agency. One of these members shall be affiliated with the California Association of Resource Conservation Districts. The other member shall be engaged in the conduct of scientific research related to the purposes described in Section 566. +(C) Five members appointed by the secretary, according to the following: +(i) Three members who are agricultural producers in the state with at least five years of training and experience in the field of agriculture. At least one of these members shall be registered as a producer pursuant to the California Organic Products Act of 2003 (Chapter 10 (commencing with Section 46000) of Division 17). +(ii) One member who is affiliated with the University of California Cooperative Extension. +(iii) One member who is engaged in the conduct of scientific research related to the purposes described in Section 566. +(2) The secretary may appoint nonvoting advisers to the panel after consulting with the panel. +(3) The secretary shall designate the member who is to serve as the chair of the panel. +(4) Members of the panel shall be highly qualified and professionally active with at least five years of experience in their chosen field. +(5) Of the members first appointed to the panel, four shall serve for a term of two years and five shall serve for a term of three years, as determined by lot. Thereafter, members shall be appointed for a term of three years. +(c) The panel, at a minimum and as necessary, shall do all of the following: +(1) (A) Review data on the +impact +impacts and benefits +that agriculture has on the environment and recommend to the secretary and other appropriate state agencies data that the panel determines is scientifically valid. +(B) A state agency that receives data recommended by the panel may adopt and incorporate the data into the appropriate program. +(C) If a state agency does not utilize the data recommended by the panel, the state agency shall provide the panel with a written statement of reasons for not doing so. The reasons shall specify, at a minimum, the scientific basis for not utilizing the data. The reasons shall be provided within 180 days of receiving the data. +(2) Compile the net environmental impacts of agriculture on the environment, identified pursuant to paragraph (1), for use by the department, other relevant state agencies, and the public. +(3) Research, review, and comment on data upon which proposed environmental policies and regulatory programs are based to ensure that the environmental impacts of agricultural activities are accurately portrayed and to identify incentives that may be provided to encourage agricultural practices with environmental benefits. +(4) Assist government agencies to incorporate benefits identified pursuant to paragraph (1) into environmental regulatory programs. +(5) Review and advise the secretary and the State Board of Food and Agriculture on existing and proposed programs and projects that provide technical, educational, and financial assistance, including, but not limited to, competitive grants to agricultural producers that will result in multiple environmental and health benefits, including, but not limited to, reduced greenhouse gas emissions, increased carbon storage in soils and woody biomass, improved air and water quality, enhanced wildlife habitat, and improved local health outcomes. +(d) The State Air Resources Board, in consultation with the secretary and the panel, shall consider, and recommend, as appropriate, in the guidance developed pursuant to subdivision (b) of Section 16428.9 of the Government Code, the use of available tools to demonstrate and quantify greenhouse gas emissions reductions from the grant program established pursuant to subdivision (b) of Section 569, including, but not limited to, the Natural Resources Conservation Service’s National Conservation Practice Standards and COMET-Farm and other quantification tools. +(e) The panel may establish ad hoc committees, which may include professionals or scientists, to assist it in performing its functions. +(f) (1) The panel shall submit a biennial report to the Legislature, the Governor, the agencies represented on the panel, and the State Board of Food and Agriculture that includes all of the following: +(A) A description of the work conducted by the panel during the prior two-year period. +(B) The panel’s action plan for the next two years, including goals and performance measures. +(2) The first report shall be submitted two years after the panel’s first meeting or January 1, 2019, whichever occurs first. +(3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. +(g) The panel shall be created and maintained with funds made available from existing resources within the department to the extent they are available. +SEC. 5. +Section 569 is added to the Food and Agricultural Code, to read: +569. +(a) The sum of twenty-five million dollars ($25,000,000) shall be available, upon appropriation by the Legislature, from the fund to the department to support projects to demonstrate agricultural management practices and activities that reduce greenhouse gas emissions and increase carbon storage in agricultural soils and woody biomass, including, but not limited to, all of the following: +(1) Soil-building and carbon-sequestration practices, including the increased use of compost and biochar, cover crops, and low- and no-till practices. +(2) Irrigation efficiency and water conservation measures, including soil-moisture monitoring, irrigation scheduling, high-efficiency water delivery technologies, dry farming, and on-farm water catchment. +(3) Alternative-energy production and energy efficiency, including energy produced from agricultural waste from a farm or at +a +an agricultural +processing facility located in the state, and improved on-farm +operational +energy +efficiencies. +(4) Wildlife habitat conservation, including hedgerow planting, native grass planting and restoration, agroforestry, and managed grazing for enhanced habitat. +(b) The department, in consultation with the panel, shall develop and implement a grant program to carry out the purposes of this article. +(c) The secretary and the Secretary of the Natural Resources Agency shall enter into a memorandum of agreement among the department, the Department of Conservation, and other relevant state agencies to ensure the greatest possible coordination and collaboration in implementing the programs and projects funded pursuant to this section. +SEC. 6. +Section 39719 of the Health and Safety Code is amended to read: +39719. +(a) The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712. +(b) To carry out a portion of the requirements of subdivision (a), annual proceeds are continuously appropriated for the following: +(1) Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as follows: +(A) Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code. +(B) Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Moneys shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code. +(C) Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds of the fund shall be expended for affordable housing, consistent with the provisions of that program and no less than +two +2 +percent of the annual proceeds of the fund shall be expended for agricultural land protection consistent with Section 75217.5 of the Public Resources Code. +(2) Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code: +(A) Acquisition and construction costs of the project. +(B) Environmental review and design costs of the project. +(C) Other capital costs of the project. +(D) Repayment of any loans made to the authority to fund the project. +(c) In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the moneys subject to Section 39719.1 shall not be included. +SEC. 7. +Section 75217.5 is added to the Public Resources Code, to read: +75217.5. +(a) The Legislature finds and declares all of the following: +(1) It is in the interest of the state to provide incentives for the use of agricultural land management practices that will reduce greenhouse gas emissions, sequester carbon in soils and woody biomass, and provide other cobenefits on working agricultural operations. +(2) The council’s Sustainable Agricultural Lands Conservation Program, established pursuant to this chapter, has three elements, including financial incentives for the adoption and use of land management practices that achieve these goals. +(3) The 2014 program guidelines establish grant programs for the 2014–15 fiscal year to promote agricultural lands strategic planning and agricultural land conservation easements, but the guidelines do not establish a grant program to provide incentives for agricultural land management practices. +(b) (1) The council, no later than the 2015–16 fiscal year, shall establish and administer a grant program, as part of the Sustainable Agricultural Lands Conservation Program, to provide financial incentives for the adoption and use of land management practices that reduce greenhouse gas emissions, sequester carbon in soil and woody biomass, and provide other cobenefits on working agricultural operations. The council shall consult with the Department of Food and Agriculture and the Environmental Farming +Science +Advisory Panel, established pursuant to Section 568 of the Food and Agricultural Code, when developing the grant program and guidelines. +(2) The council, as part of the grant program established pursuant to this subdivision, shall give priority to working agricultural operations that adopt land management practices that achieve the goals described in paragraph (1).","(1) Existing law, the Cannella Environmental Farming Act of 1995, requires the Department of Food and Agriculture to establish and oversee an environmental farming program to provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. The act requires the Secretary of Food and Agriculture to convene a 5-member Scientific Advisory Panel on Environmental Farming for the purpose of providing advice and assistance to federal, state, and local government agencies on issues relating to air, water, and wildlife habitat, as specified. +This bill instead would authorize, rather than require, the environmental farming program to provide incentives, including loans, grants, research, technical assistance, or educational materials and outreach, to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat, and reduce on-farm greenhouse gas emissions or increase carbon storage in agricultural soils and woody biomass, or both. The bill would rename the panel the Environmental Farming Science Advisory Panel and revise the panel’s membership and duties, as specified. The bill would require the panel to provide a biennial report describing its work to the Legislature and the Governor, among others. +The bill would provide that $25,000,000 shall be made available to the department, upon appropriation, from the Greenhouse Gas Reduction Fund to support projects to demonstrate agricultural management practices and activities that reduce greenhouse gas emissions and increase carbon storage in agricultural soils and woody biomass, as specified. The bill would require the department, in consultation with the panel, to develop and implement a grant program to carry out the purposes of the act and would require the State Air Resources Board, in consultation with the secretary and the panel, to consider and recommend, as appropriate, the use of available tools to demonstrate and quantify greenhouse gas emissions reductions from the grant program. +(2) The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund. Existing law continuously appropriates 20% of the annual proceeds of the fund to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program, as provided. +This bill would require the council, no later than the 2015–16 fiscal year, to establish and administer a grant program, as part of the Sustainable Agricultural Lands Conservation Program established by the council in conjunction with the Affordable Housing and Sustainable Communities Program, to provide financial incentives for the adoption and use of land management practices that reduce greenhouse gas emissions, sequester carbon in soil and woody biomass, and provide other cobenefits on working agricultural operations, as specified. +The bill would continuously appropriate 2% of the annual proceeds of the fund to the Strategic Growth Council to be expended for agricultural land protection consistent with the provisions of that grant program, thereby making an appropriation.","An act to amend Sections 564, 566, and 568 of, and to add Sections 562 and 569 to, the Food and Agricultural Code, to amend Section 39719 of the Health and Safety Code, and to add Section 75217.5 to the Public Resources Code, relating to agriculture, and making an appropriation therefor." +100,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known and may be cited as the California Workplace Flexibility Act of +2015. +2016. +SEC. 2. +The Legislature finds and declares all of the following: +(a) California businesses and their workers suffer from outdated and inefficient workplace and overtime rules that do not allow for sufficient flexibility for employers and workers to schedule their hours of work for mutual benefit. +(b) California overtime laws, which are unique in the country, make it difficult for most employers to reach an agreement with an individual worker that would allow a flexible work schedule. +(c) Existing law does not permit a California employer to allow an individual worker to choose a flexible work schedule of four 10-hour days per week without overtime being paid. +(d) As a consequence, large, small, and micro-employers do not have the flexibility to offer their employees the opportunity to take advantage of a flexible work schedule that would benefit the workers and their families. +(e) Permitting employees to elect to work four 10-hour days per week without the payment of overtime would allow those employees to spend much-needed time with their families, lessen traffic congestion on our crowded roads and highways, allow workers to spend one day a week on personal matters, such as volunteering at a child’s school, scheduling medical appointments, and attending to other important family matters that often are difficult to schedule with a five-days-per-week, eight-hours-per-day schedule. +(f) It is the intent of the Legislature in enacting the California Workplace Flexibility Act of +2015 +2016 +to protect workers as follows: +(1) An employee may not be forced to work more than eight hours in a day without receiving overtime, but, instead, he or she may request a flexible work schedule of up to four 10-hour days per week and the employer may agree to this schedule without having to pay overtime for the 9th and 10th hours worked per day in that schedule. +(2) The employer will be required to pay overtime rates after 10 work hours in a day for workers who have chosen a flexible schedule pursuant to this act. +(3) The employer will be required to pay double normal pay after 12 work hours in a day for a worker who has chosen a flexible schedule under this act. +(4) The worker, including one who chooses a flexible schedule under this act, will receive overtime for any hours worked over 40 hours in a single week. +(g) Workplaces that are unionized already allow workers to choose to work four 10-hour days; however, it is virtually impossible for workers of nonunionized workplaces to enjoy this benefit. +SEC. 3. +Section 510 of the Labor Code is amended to read: +510. +(a) Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. The requirements of this section do not apply to the payment of overtime compensation to an employee working pursuant to any of the following: +(1) An alternative workweek schedule adopted pursuant to Section 511. +(2) An employee-selected flexible work schedule adopted pursuant to Section 511.5. +(3) An alternative workweek schedule adopted pursuant to a collective bargaining agreement pursuant to Section 514. +(4) An alternative workweek schedule to which this chapter is inapplicable pursuant to Section 554. +(b) Time spent commuting to and from the first place at which an employee’s presence is required by the employer shall not be considered to be a part of a day’s work, when the employee commutes in a vehicle that is owned, leased, or subsidized by the employer and is used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code. +(c) This section does not affect, change, or limit an employer’s liability under the workers’ compensation law. +SEC. 4. +Section 511.5 is added to the Labor Code, to read: +511.5. +(a) Notwithstanding Section 511 or any other law or order of the Industrial Welfare Commission, an individual nonexempt employee may work up to 10 hours per workday without any obligation on the part of the employer to pay an overtime rate of compensation, except as provided in subdivision (b), if the employee requests this schedule in writing and the employer approves the request. This shall be referred to as an overtime exemption for an employee-selected flexible work schedule. +(b) If an employee-selected flexible work schedule is adopted pursuant to subdivision (a), the employer shall pay overtime at one and one-half times the employee’s regular rate of pay for all hours worked over 40 hours in a workweek or over 10 hours in a workday, whichever is the greater number of hours. All work performed in excess of 12 hours per workday and in excess of eight hours on a fifth, sixth, or seventh day in the workweek shall be paid at double the employee’s regular rate of pay. +(c) The employer may inform its employees that it is willing to consider an employee request to work an employee-selected flexible work schedule, but shall not induce a request by promising an employment benefit or threatening an employment detriment. +(d) The employee or employer may discontinue the employee-selected flexible work schedule at any time by giving written notice to the other party. The request will be effective the first day of the next pay period or the fifth day after notice is given if there are fewer than five days before the start of the next pay period, unless otherwise agreed to by the employer and the employee. +(e) This section does not apply to any employee covered by a valid collective bargaining agreement or employed by the state, a city, county, city and county, district, municipality, or other public, quasi-public, or municipal corporation, or any political subdivision of this state. +(f) This section shall be liberally construed to accomplish its purposes. +(g) (1) The Division of Labor Standards Enforcement shall enforce this section and shall adopt or revise regulations in a manner necessary to conform and implement this section. +(2) This section shall prevail over any inconsistent provisions in any wage order of the Industrial Welfare Commission.","Existing law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour +workweek, +workweek +and requires payment of prescribed overtime compensation for additional hours worked. Existing law authorizes the adoption by +2/3 +of employees in a work unit of alternative workweek schedules providing for workdays no longer than 10 hours within a 40-hour workweek. +This bill would enact the California Workplace Flexibility Act of +2015. +2016. +The bill would permit an individual nonexempt employee to request an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour +workweek, +workweek +and would allow the employer to implement this schedule without the obligation to pay overtime compensation for those additional hours in a workday. The bill would prescribe a method for calculating the payment of overtime for hours worked in excess of the permitted amounts and would establish requirements for termination of these agreements. The bill would except from its provisions employees covered by collective bargaining and public employees, as specified. The bill would require the Division of Labor Standards Enforcement in the Department of Industrial Relations to enforce this provision and adopt regulations.","An act to amend Section 510 of, and to add Section 511.5 to, the Labor Code, relating to employment." +101,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 120440 of the Health and Safety Code is amended to read: +120440. +(a) For the purposes of this chapter, the following definitions shall apply: +(1) “Health care provider” means any person licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or a clinic or health facility licensed pursuant to Division 2 (commencing with Section 1200). +(2) “Schools, child care facilities, and family child care homes” means those institutions referred to in subdivision (b) of Section 120335, regardless of whether they directly provide immunizations to patients or clients. +(3) “WIC service provider” means any public or private nonprofit agency contracting with the department to provide services under the California Special Supplemental Food Program for Women, Infants, and Children, as provided for in Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106. +(4) “Health care plan” means a health care service plan as defined in subdivision (f) of Section 1345, a government-funded program the purpose of which is paying the costs of health care, or an insurer as described in Sections 10123.5 and 10123.55 of the Insurance Code, regardless of whether the plan directly provides immunizations to patients or clients. +(5) “County welfare department” means a county welfare agency administering the California Work Opportunity and Responsibility to Kids (CalWORKs) program, pursuant to Chapter 2 (commencing with Section 11200.5) of Part 3 of Division 9 of the Welfare and Institutions Code. +(6) “Foster care agency” means any of the county and state social services agencies providing foster care services in California. +(7) “Tuberculosis screening” means an approved intradermal tuberculin test or any other test for tuberculosis infection that is recommended by the federal Centers for Disease Control and Prevention and licensed by the federal Food and Drug Administration. +(b) (1) Local health officers may operate immunization information systems pursuant to their authority under Section 120175, in conjunction with the Immunization Branch of the State Department of Public Health. Local health officers and the State Department of Public Health may operate these systems in either or both of the following manners: +(A) Separately within their individual jurisdictions. +(B) Jointly among more than one jurisdiction. +(2) Nothing in this subdivision shall preclude local health officers from sharing the information set forth in paragraphs (1) to +(10), +(12), +inclusive, of subdivision (c) with other health officers jointly operating the system. +(c) Notwithstanding Sections 49075 and 49076 of the Education Code, Chapter 5 (commencing with Section 10850) of Part 2 of Division 9 of the Welfare and Institutions Code, or any other provision of law, unless a refusal to permit recordsharing is made pursuant to subdivision (e), health care providers, and other agencies, including, but not limited to, schools, child care facilities, service providers for the California Special Supplemental Food Program for Women, Infants, and Children (WIC), health care plans, foster care agencies, and county welfare departments, may disclose the information set forth in paragraphs (1) to +(10), +(12), +inclusive, from the patient’s medical record, or the client’s record, to local health departments operating countywide or regional immunization information and reminder systems and the State Department of Public Health. Local health departments and the State Department of Public Health may disclose the information set forth in paragraphs (1) to +(10), +(12), +inclusive, to each other and, upon a request for information pertaining to a specific person, to health care providers taking care of the patient. Local health departments and the State Department of Public Health may disclose the information in paragraphs (1) to (7), inclusive, and paragraphs (9) +and (10) +to (12), inclusive +, to schools, child care facilities, county welfare departments, and family child care homes to which the person is being admitted or in attendance, foster care agencies in assessing and providing medical care for children in foster care, and WIC service providers providing services to the person, health care plans arranging for immunization services for the patient, and county welfare departments assessing immunization histories of dependents of CalWORKs participants, upon request for information pertaining to a specific person. Determination of benefits based upon immunization of a dependent CalWORKs participant shall be made pursuant to Section 11265.8 of the Welfare and Institutions Code. The following information shall be subject to this subdivision: +(1) The name of the patient or client and names of the parents or guardians of the patient or client. +(2) Date of birth of the patient or client. +(3) Types and dates of immunizations received by the patient or client. +(4) Manufacturer and lot number for each immunization received. +(5) Adverse reaction to immunizations received. +(6) Other nonmedical information necessary to establish the patient’s or client’s unique identity and record. +(7) Results of tuberculosis screening. +(8) Current address and telephone number of the patient or client and the parents or guardians of the patient or client. +(9) Patient’s or client’s gender. +(10) Patient’s or client’s place of birth. +(11) Patient’s height, weight, and body mass index. +(12) +Other patient or client information of public health importance as determined by the State Department of Public Health in consultation with the California Conference of Local Health Officers. +(d) (1) Health care providers, local health departments, and the State Department of Public Health shall maintain the confidentiality of information listed in subdivision (c) in the same manner as other medical record information with patient identification that they possess. These providers, departments, and contracting agencies are subject to civil action and criminal penalties for the wrongful disclosure of the information listed in subdivision (c), in accordance with existing law. They shall use the information listed in subdivision (c) only for the following purposes: +(A) To provide immunization services to the patient or client, including issuing reminder notifications to patients or clients or their parents or guardians when immunizations are due. +(B) To provide or facilitate provision of third-party payer payments for immunizations. +(C) To compile and disseminate statistical information of immunization status on groups of patients or clients or populations in California, without identifying information for these patients or clients included in these groups or populations. +(D) In the case of health care providers only, as authorized by Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. +(2) Schools, child care facilities, family child care homes, WIC service providers, foster care agencies, county welfare departments, and health care plans shall maintain the confidentiality of information listed in subdivision (c) in the same manner as other client, patient, and pupil information that they possess. These institutions and providers are subject to civil action and criminal penalties for the wrongful disclosure of the information listed in subdivision (c), in accordance with existing law. They shall use the information listed in subdivision (c) only for those purposes provided in subparagraphs (A) to (D), inclusive, of paragraph (1) and as follows: +(A) In the case of schools, child care facilities, family child care homes, and county welfare departments, to carry out their responsibilities regarding required immunization for attendance or participation benefits, or both, as described in Chapter 1 (commencing with Section 120325), and in Section 11265.8 of the Welfare and Institutions Code. +(B) In the case of WIC service providers, to perform immunization status assessments of clients and to refer those clients found to be due or overdue for immunizations to health care providers. +(C) In the case of health care plans, to facilitate payments to health care providers, to assess the immunization status of their clients, and to tabulate statistical information on the immunization status of groups of patients, without including patient-identifying information in these tabulations. +(D) In the case of foster care agencies, to perform immunization status assessments of foster children and to assist those foster children found to be due or overdue for immunization in obtaining immunizations from health care providers. +(e) A patient or a patient’s parent or guardian may refuse to permit recordsharing. The health care provider administering immunization and any other agency possessing any patient or client information listed in subdivision (c), if planning to provide patient or client information to an immunization system, as described in subdivision (b), shall inform the patient or client, or the parent or guardian of the patient or client, of the following: +(1) The information listed in subdivision (c) may be shared with local health departments and the State Department of Public Health. The health care provider or other agency shall provide the name and address of the State Department of Public Health or of the immunization registry with which the provider or other agency will share the information. +(2) Any of the information shared with local health departments and the State Department of Public Health shall be treated as confidential medical information and shall be used only to share with each other, and, upon request, with health care providers, schools, child care facilities, family child care homes, WIC service providers, county welfare departments, foster care agencies, and health care plans. These providers, agencies, and institutions shall, in turn, treat the shared information as confidential, and shall use it only as described in subdivision (d). +(3) The patient or client, or parent or guardian of the patient or client, has the right to examine any immunization-related information or tuberculosis screening results shared in this manner and to correct any errors in it. +(4) The patient or client, or the parent or guardian of the patient or client, may refuse to allow this information to be shared in the manner described, or to receive immunization reminder notifications at any time, or both. After refusal, the patient’s or client’s physician may maintain access to this information for the purposes of patient care or protecting the public health. After refusal, the local health department and the State Department of Public Health may maintain access to this information for the purpose of protecting the public health pursuant to Sections 100325, 120140, and 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the California Code of Regulations. +(f) (1) The health care provider administering the immunization or tuberculosis screening and any other agency possessing any patient or client information listed in subdivision (c), may inform the patient or client, or the parent or guardian of the patient or client, by ordinary mail, of the information in paragraphs (1) to (4), inclusive, of subdivision (e). The mailing must include a reasonable means for refusal, such as a return form or contact telephone number. +(2) The information in paragraphs (1) to (4), inclusive, of subdivision (e) may also be presented to the parent or guardian of the patient or client during any hospitalization of the patient or client. +(g) If the patient or client, or parent or guardian of the patient or client, refuses to allow the information to be shared, pursuant to paragraph (4) of subdivision (e), the health care provider or other agency may not share this information in the manner described in subdivision (c), except as provided in subparagraph (D) of paragraph (1) of subdivision (d). +(h) (1) Upon request of the patient or client, or the parent or guardian of the patient or client, in writing or by other means acceptable to the recipient, a local health department or the State Department of Public Health that has received information about a person pursuant to subdivision (c) shall do all of the following: +(A) Provide the name and address of other persons or agencies with whom the recipient has shared the information. +(B) Stop sharing the information in its possession after the date of the receipt of the request. +(2) After refusal, the patient’s or client’s physician may maintain access to this information for the purposes of patient care or protecting the public health. After refusal, the local health department and the State Department of Public Health may maintain access to this information for the purpose of protecting the public health pursuant to Sections 100325, 120140, and 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the California Code of Regulations. +(i) Upon notification, in writing or by other means acceptable to the recipient, of an error in the information, a local health department or the State Department of Public Health that has information about a person pursuant to subdivision (c) shall correct the error. If the recipient is aware of a disagreement about whether an error exists, information to that effect may be included. +(j) (1) Any party authorized to make medical decisions for a patient or client, including, but not limited to, those authorized by Section 6922, 6926, or 6927 of, Part 1.5 (commencing with Section 6550), Chapter 2 (commencing with Section 6910) of Part 4, or Chapter 1 (commencing with Section 7000) of Part 6, of Division 11 of, the Family Code, Section 1530.6 of the Health and Safety Code, or Sections 727 and 1755.3 of, and Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of, the Welfare and Institutions Code, may permit sharing of the patient’s or client’s record with any of the immunization information systems authorized by this section. +(2) For a patient or client who is a dependent of a juvenile court, the court or a person or agency designated by the court may permit this recordsharing. +(3) For a patient or client receiving foster care, a person or persons licensed to provide residential foster care, or having legal custody, may permit this recordsharing. +(k) For purposes of supporting immunization information systems, the State Department of Public Health shall assist the Immunization Branch of the State Department of Public Health in both of the following: +(1) Providing department records containing information about publicly funded immunizations. +(2) Supporting efforts for the reporting of publicly funded immunizations into immunization information systems by health care providers and health care plans. +(l) Subject to any other provisions of state and federal law or regulation that limit the disclosure of health information and protect the privacy and confidentiality of personal information, local health departments and the State Department of Public Health may share the information listed in subdivision (c) with a state, local health departments, health care providers, immunization information systems, or any representative of an entity designated by federal or state law or regulation to receive this information. The State Department of Public Health may enter into written agreements to exchange confidential immunization information with other states for the purposes of patient care, protecting the public health, entrance into school, child care and other institutions requiring immunization prior to entry, and the other purposes described in subdivision (d). The written agreement shall provide that the state that receives confidential immunization information must maintain its confidentiality and may only use it for purposes of patient care, protecting the public health, entrance into school, child care and other institutions requiring immunization prior to entry, and the other purposes described in subdivision (d). Information may not be shared pursuant to this subdivision if a patient or client, or parent or guardian of a patient or client, refuses to allow the sharing of immunization information pursuant to subdivision (e).","Existing law regulates the sharing of a patient’s or client’s immunization information between a health care provider, a local health department, the State Department of Public Health, and other agencies. Existing law prescribes the process by which a patient or client, or parent or guardian of a patient or client, may refuse to allow the information to be shared and requires the health care provider administering the immunization to provide the patient with a designated notice. Existing law permits local health departments and the department to share the name of a patient or client, or parent or guardian of a patient or client, with a state, local health department, health care provider, immunization information system, or any representative of an entity designated by federal or state law to receive this information, and authorizes the department to enter into written agreements to share this information with other states for specified purposes, unless the patient or client, or parent or guardian of the patient or client, refuses to allow the information to be shared. Under existing law, the patient or client, or parent or guardian of the patient or client, has the right to examine shared immunization-related information and to correct errors in it. +Under existing law, unless the patient or client or patient’s or client’s parent or guardian, refuses the recordsharing of information, health care providers and other agencies, including, but not limited to, schools, child care facilities, service providers for the California Special Supplemental Food Program for Women, Infants, and Children (WIC), health care plans, foster care agencies, and county welfare departments, may disclose, to local health departments operating countywide or regional immunization information and reminder systems and the department, specified information, including, but not limited to, the name, date of birth, gender, and birthplace of a patient or client. +This bill would include the patient’s or client’s height, weight, and body mass index, and other patient or client information of public health importance as determined by the department, in consultation with the California Conference of Local Health Officers, in the list of information that may be shared.","An act to amend Section 120440 of the Health and Safety Code, relating to public health." +102,"The people of the State of California do enact as follows: + + +SECTION 1. +In consideration of the diminished numbers of full-time faculty in the community college system due to the state recession and the concomitant budget cuts in public education generally and community colleges specifically, it is the intent of the Legislature to improve and enhance the mission of the community colleges and the services and opportunities provided to students by increasing the number of full-time faculty in the California Community Colleges to better situate the community colleges to realize their mission goals and the goals and recommendations set forth by the Student Success Task Force report of 2012. +SEC. 2. +Section 84362.5 is added to the Education Code, to read: +84362.5. +(a) This section shall be known, and may be cited, as the Community College Excellence in Education Act. +(b) All districts shall report to the board of governors, by March 31, 2016, the total number of +classroom and nonclassroom +full-time equivalent faculty (FTEF) +positions staffed by faculty teaching overload assignments +attributable to hours worked by part-time temporary faculty, and by contract or regular faculty while working on overload assignments, +during the period +of +July 1, 2014, to June 30, 2015, inclusive. +(c) Effective July 1, 2016, each district’s calculation pursuant to subdivision (b) shall become that district’s maximum allowable number of +classroom and nonclassroom +FTEF +positions +that may be staffed by +faculty teaching overload assignments +part-time temporary faculty +and by contract or regular faculty while working on overload assignments +until the district’s full-time faculty percentage, as calculated pursuant to Section 53308 of Title 5 of the California Code of Regulations, is greater than or equal to 75 percent. +(d) Upon reaching the 75-percent threshold pursuant to subdivision (c), a district shall do either of the following: +(1) Maintain a full-time faculty percentage of 75 percent or greater. +(2) Not exceed its maximum allowable number of +classroom and nonclassroom +FTEF +positions +that may be staffed by +faculty teaching overload assignments, as +part-time temporary faculty and by contract or regular faculty while working on overload assignments, which shall be the number +calculated pursuant to subdivision (b). +(e) (1) The board of governors shall determine whether a district failed to comply with subdivision (b), (c), or (d) during the preceding fiscal year, and, if so, shall, in apportionments made to the district from the State School Fund after April 15 of the current fiscal year, designate an amount of the district’s apportionment or apportionments that is equal to the difference between the current fiscal year apportionment or apportionments and the lesser of the district’s apportionment for the 2014–15 fiscal year or for the preceding fiscal year. +(2) The amount designated pursuant to paragraph (1) shall be deposited in the county treasury to the credit of the district, but shall be unavailable for expenditure by the district pending the determination to be made by the board of governors pursuant to subdivision (g). +(f) (1) If it appears to the governing board of a district that the application of this section will result in a serious hardship to the district, the governing board of the district may apply in writing to the board of governors for exemption from the requirements of this section by no later than September 15 of the fiscal year immediately succeeding the serious hardship. +(2) Immediately upon applying for an exemption described in paragraph (1), the governing board of the district shall provide the exclusive representative of the district’s academic employees or, if none exists, the district or community college academic senate, and all academic employee organizations eligible for a payroll dues deduction, with a copy of the application. Those persons may, within 30 days of receipt of the application, transmit to the board of governors a written statement opposing the application, setting forth reasons for its opposition. +(g) Upon receipt of the application and statement of opposition, if any, described in subdivision (f), the board of governors shall do either of the following: +(1) Grant the district an exemption for any amount that is less than one thousand dollars ($1,000), which shall be immediately available for expenditure by the governing board. +(2) Grant an exemption of one thousand dollars ($1,000) or more if a majority of the members of the board of governors finds, in writing, that the district will in fact suffer serious hardship unless the district is granted an exemption. If the exemption is granted, the exempted amount shall be immediately available for expenditure by the governing board of the district. +(h) If no application for exemption is made pursuant to subdivision (f), or a portion of the exemption is denied, the board of governors shall order the entire designated amount, or the amount not exempted, as applicable, to be returned to the State School Fund. +(i) The board of governors shall enforce the requirements prescribed by this section, and may adopt necessary rules and regulations, which may require, among other things, district governing boards to submit reports and information throughout the academic year. +(j) A district shall not assign a person hired as a contract faculty member after July 1, 2016, to teach any overload assignment in excess of the equivalent of a full-time teaching load until the person has achieved tenured status as a +full-time +regular +faculty member. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts, administered by governing boards, throughout the state, and authorizes these districts to provide instruction to students at the community college campuses maintained by the districts. Existing law authorizes the employment of community college faculty and establishes certain rights for these employees. +This bill would require community college districts to report to the board of governors, by March 31, 2016, the total number of full-time equivalent faculty (FTEF) +positions staffed by faculty teaching overload assignments +attributable to part-time temporary faculty and to contract or regular faculty while working on overload assignments +during the period +of +July 1, 2014, to June 30, 2015, inclusive. Effective July 1, 2016, the bill would require that reported number to become that district’s maximum allowable number of FTEF +positions +that may be staffed by +faculty teaching overload assignments +part-time temporary faculty and by contract or regular faculty while working on overload assignments +until the district’s full-time faculty percentage is greater than or equal to 75%. Upon reaching the 75% threshold, the bill would require a district to maintain a full-time faculty percentage of 75% or higher, or not exceed the district’s previously calculated maximum allowable number of FTEF +positions +that may be staffed by +faculty teaching overload assignments. +part-time temporary faculty and by contract or regular faculty while working on overload assignments. +The bill would require the governing board to determine if a district has failed to comply with the above requirements, and, if so, to designate a specified amount of the district’s apportionment or apportionments that would be required to be deposited in the county treasury, but unavailable to the district. The bill would authorize a district to submit an application for an exemption from the requirements of the bill in cases of serious hardship, as specified. Upon receipt of the exemption application, the bill would require the governing board to grant exemptions, as specified. The bill would require the amount exempted to be immediately available for expenditure by the governing board and the amount not exempted to be returned to the State School Fund. The bill would require the board of governors to enforce the requirements of the bill and would authorize them to adopt necessary rules and regulations. +This bill would prohibit a district from assigning a person hired as a contract faculty member after July 1, 2016, to teach any overload assignment in excess of the equivalent of a full-time teaching load until the person achieves tenured status as a +full-time +regular +faculty member. +By placing additional requirements on community college districts, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 84362.5 to the Education Code, relating to community college faculty." +103,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 20209.14 of the Public Contract Code is amended to read: +20209.14. +(a) This article shall remain in effect only until January 1, 2017, and as of that date is repealed. +(b) This article shall only apply to transit operators that begin a project solicitation before January 1, 2015. A transit operator that begins a project solicitation on or after January 1, 2015, is subject to Chapter 4 (commencing with Section 22160). +SEC. 2. +Section 22161 of the Public Contract Code is amended to read: +22161. +For purposes of this chapter, the following definitions apply: +(a) “Best value” means a value determined by evaluation of objective criteria that may include, but not be limited to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the local agency and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring agency, or a tradeoff between price and other specified factors. +(b) “Construction subcontract” means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team. +(c) “Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity. +(d) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract. +(e) “Design-build team” means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors. +(f) “Local agency” means the following: +(1) A city, county, or city and county. +(2) A special district that operates wastewater facilities, solid waste management facilities, water recycling facilities, or fire protection facilities. +(3) Any transit district, included transit district, municipal operator, included municipal operator, any consolidated agency, as described in Section 132353.1 of the Public Utilities Code, any joint powers authority formed to provide transit service, any county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or any other local or regional agency, responsible for the construction of transit projects. +(4) The San Diego Association of Governments, as referenced in the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7 of the Public Utilities Code). +(g) (1) For a local agency defined in paragraph (1) of subdivision (f), “project” means the construction of a building or buildings and improvements directly related to the construction of a building or buildings, county sanitation wastewater treatment facilities, and park and recreational facilities, but does not include the construction of other infrastructure, including, but not limited to, streets and highways, public rail transit, or water resources facilities and infrastructure. For a local agency defined in paragraph (1) of subdivision (f) that operates wastewater facilities, solid waste management facilities, or water recycling facilities, “project” also means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, or regional and local water recycling facilities. +(2) For a local agency defined in paragraph (2) of subdivision (f), “project” means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, regional and local water recycling facilities, or fire protection facilities. +(3) For a local agency defined in paragraph (3) of subdivision (f), “project” means a transit capital project that begins a project solicitation on or after January 1, 2015. A “project,” as defined by this paragraph, that begins the solicitation process before January 1, 2015, is subject to Article 6.8 (commencing with Section 20209.5) of Chapter 1. “Project,” as defined by this paragraph, does not include state highway construction or local street and road projects. +(4) For a local agency defined in paragraph (4) of subdivision (f), “project” has the same meaning as in paragraph (3), and in addition shall include development projects adjacent, or physically or functionally related, to transit facilities developed or jointly developed by the local agency. +SEC. 3. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the San Diego Association of Governments’ unique responsibilities as the consolidated transportation agency with capital project implementation responsibilities, which include design and construction of transit infrastructure, and to bring the San Diego Association of Governments into alignment with existing authority held by other agencies with transit development responsibilities. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes local agencies to use the design-build method of project delivery for specified projects, except for projects on the state highway system. Existing law defines “local agency” for purposes of these provisions as cities and counties, certain special districts relating to wastewater, solid waste, water recycling, and fire protection facilities, joint powers authorities formed to provide transit service, and specified types of local public entities responsible for the construction of transit projects. These provisions further define “project” specifically for each category of local agency. Existing law requires specified information submitted by a design-build entity, as defined, in the design-build procurement process to be certified under penalty of perjury. +This bill would specify that the definition of a local agency authorized to use the design-build method of project delivery includes the San Diego Association of Governments. The bill would define projects, as it pertains to the San Diego Association of Governments, to include development projects adjacent, or physically or functionally related, to transit facilities developed by the association. By expanding the design-build authorization of the San Diego Association of Governments to additional development projects, the bill would expand the scope of crime of perjury and would impose a state-mandated local program. +This bill also makes a technical correction to a cross-reference. +This bill would make legislative findings and declarations as to the necessity of a special statute for the San Diego Association of Governments. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 20209.14 and 22161 of the Public Contract Code, relating to local public contracts." +104,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12206.1 is added to the Revenue and Taxation Code, to read: +12206.1. +(a) (1) For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a) of Section 12206, on or after January 1, 2016, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share. +(2) This subdivision shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits. +(b) (1) For a project that receives a preliminary reservation under Section 12206 beginning on or after January 1, 2016, and before January 1, 2026, a taxpayer may make an irrevocable election in its application to the California Tax Credit Allocation Committee to sell all or any portion of any credit allowed under Section 12206 to one or more unrelated parties for each taxable year in which the credit is allowed subject to both of the following conditions: +(A) The credit is sold for consideration that is not less than 80 percent of the amount of the credit. +(B) The unrelated party or parties purchasing any or all of the credit pursuant to this subdivision is a taxpayer allowed the credit under Section 12206 for the taxable year of the purchase or any prior taxable year or is a taxpayer allowed the federal credit under Section 42 of the Internal Revenue Code, relating to low-income housing credit, for the taxable year of the purchase or any prior taxable year in connection with any project located in this state. For purposes of this subparagraph, “taxpayer allowed the credit under Section 12206” means a taxpayer that is allowed the credit under Section 12206 without regard to the purchase of a credit pursuant to this subdivision. +(2) (A) The taxpayer that originally received the credit shall report to the California Tax Credit Allocation Committee within 10 days of the sale of the credit, in the form and manner specified by the California Tax Credit Allocation Committee, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the taxpayer for the sale of the credit. +(B) The California Tax Credit Allocation Committee shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Tax Credit Allocation Committee and the Franchise Tax Board, of the taxpayers that have sold or purchased a credit pursuant to this subdivision. +(3) (A) A credit may be sold pursuant to this subdivision to more than one unrelated party. +(B) (i) Except as provided in clause (ii), a credit shall not be resold by the unrelated party to another taxpayer or other party. +(ii) All or any portion of any credit allowed under Section 12206 may be resold once by an original purchaser to one or more unrelated parties, subject to all of the requirements of this subdivision. +(4) Notwithstanding any other law, the taxpayer that originally received the credit that is sold pursuant to paragraph (1) shall remain solely liable for all obligations and liabilities imposed on the taxpayer by Section 12206 with respect to the credit, none of which shall apply to any party to whom the credit has been sold or subsequently transferred. Parties who purchase credits pursuant to paragraph (1) shall be entitled to utilize the purchased credits in the same manner in which the taxpayer that originally received the credit could utilize them. +(5) A taxpayer shall not sell a credit allowed by Section 12206 if the taxpayer was allowed the credit on any tax return of the taxpayer. +(6) Notwithstanding paragraph (1), the taxpayer, with the approval of the Executive Director of the California Tax Credit Allocation Committee, may rescind the election to sell all or any portion of the credit allowed under Section 12206 if the consideration for the credit falls below 80 percent of the amount of the credit after the California Tax Credit Allocation Committee reservation. +(c) The California Tax Credit Allocation Committee may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the California Tax Credit Allocation Committee pursuant to this section. +SEC. 2. +Section 17058.1 is added to the Revenue and Taxation Code, to read: +17058.1. +(a) (1) For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a) of Section 17058, on or after January 1, 2016, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share. +(2) To the extent the allocation of the credit to a partner under Section 17058 lacks substantial economic effect, any loss or deduction otherwise allowable under this part that is attributable to the sale or other disposition of that partner’s partnership interest made prior to the expiration of the federal credit shall not be allowed in the taxable year in which the sale or other disposition occurs, but shall instead be deferred until and treated as if it occurred in the first taxable year immediately following the taxable year in which the federal credit period expires for the project described in paragraph (1). +(3) This subdivision shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits. +(b) (1) For a project that receives a preliminary reservation under Section 17058 beginning on or after January 1, 2016, and before January 1, 2026, a taxpayer may make an irrevocable election in its application to the California Tax Credit Allocation Committee to sell all or any portion of any credit allowed under Section 17058 to one or more unrelated parties for each taxable year in which the credit is allowed subject to both of the following conditions: +(A) The credit is sold for consideration that is not less than 80 percent of the amount of the credit. +(B) The unrelated party or parties purchasing any or all of the credit pursuant to this subdivision is a taxpayer allowed the credit under Section 17058 for the taxable year of the purchase or any prior taxable year or is a taxpayer allowed the federal credit under Section 42 of the Internal Revenue Code, relating to low-income housing credit, for the taxable year of the purchase or any prior taxable year in connection with any project located in this state. For purposes of this subparagraph, “taxpayer allowed the credit under Section 17058” means a taxpayer that is allowed the credit under Section 17058 without regard to the purchase of a credit pursuant to this subdivision. +(2) (A) The taxpayer that originally received the credit shall report to the California Tax Credit Allocation Committee within 10 days of the sale of the credit, in the form and manner specified by the California Tax Credit Allocation Committee, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the taxpayer for the sale of the credit. +(B) The California Tax Credit Allocation Committee shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Tax Credit Allocation Committee and the Franchise Tax Board, of the taxpayers that have sold or purchased a credit pursuant to this subdivision. +(3) (A) A credit may be sold pursuant to this subdivision to more than one unrelated party. +(B) (i) Except as provided in clause (ii), a credit shall not be resold by the unrelated party to another taxpayer or other party. +(ii) All or any portion of any credit allowed under Section 17058 may be resold once by an original purchaser to one or more unrelated parties, subject to all of the requirements of this subdivision. +(4) Notwithstanding any other law, the taxpayer that originally received the credit that is sold pursuant to paragraph (1) shall remain solely liable for all obligations and liabilities imposed on the taxpayer by Section 17058 with respect to the credit, none of which shall apply to any party to whom the credit has been sold or subsequently transferred. Parties who purchase credits pursuant to paragraph (1) shall be entitled to utilize the purchased credits in the same manner in which the taxpayer that originally received the credit could utilize them. +(5) A taxpayer shall not sell a credit allowed by Section 17058 if the taxpayer was allowed the credit on any tax return of the taxpayer. +(6) Notwithstanding paragraph (1), the taxpayer, with the approval of the Executive Director of the California Tax Credit Allocation Committee, may rescind the election to sell all or any portion of the credit allowed under Section 17058 if the consideration for the credit falls below 80 percent of the amount of the credit after the California Tax Credit Allocation Committee reservation. +(c) The California Tax Credit Allocation Committee may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the California Tax Credit Allocation Committee pursuant to this section. +SEC. 3. +Section 23610.7 is added to the Revenue and Taxation Code, to read: +23610.7. +(a) (1) For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a) of Section 23610.5, on or after January 1, 2016, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share. +(2) To the extent the allocation of the credit to a partner under Section 23610.5 lacks substantial economic effect, any loss or deduction otherwise allowable under this part that is attributable to the sale or other disposition of that partner’s partnership interest made prior to the expiration of the federal credit shall not be allowed in the taxable year in which the sale or other disposition occurs, but shall instead be deferred until and treated as if it occurred in the first taxable year immediately following the taxable year in which the federal credit period expires for the project described in paragraph (1). +(3) This subdivision shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits. +(b) (1) For a project that receives a preliminary reservation under Section 23610.5 beginning on or after January 1, 2016, and before January 1, 2026, a taxpayer may make an irrevocable election in its application to the California Tax Credit Allocation Committee to sell all or any portion of any credit allowed under Section 23610.5 to one or more unrelated parties for each taxable year in which the credit is allowed subject to both of the following conditions: +(A) The credit is sold for consideration that is not less than 80 percent of the amount of the credit. +(B) (i) The unrelated party or parties purchasing any or all of the credit pursuant to this subdivision is a taxpayer allowed the credit under Section 23610.5 for the taxable year of the purchase or any prior taxable year or is a taxpayer allowed the federal credit under Section 42 of the Internal Revenue Code, relating to low-income housing credit, for the taxable year of the purchase or any prior taxable year in connection with any project located in this state. +(ii) For purposes of this subparagraph, “taxpayer allowed the credit under Section 23610.5” means a taxpayer that is allowed the credit under Section 23610.5 without regard to any of the following: +(I) The purchase of a credit under Section 23610.5 pursuant to this subdivision. +(II) The assignment of a credit under Section 23610.5 pursuant to subdivision (q) of Section 23610.5. +(III) The assignment of a credit under Section 23610.5 pursuant to Section 23363. +(2) (A) The taxpayer that originally received the credit shall report to the California Tax Credit Allocation Committee within 10 days of the sale of the credit, in the form and manner specified by the California Tax Credit Allocation Committee, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the taxpayer for the sale of the credit. +(B) The California Tax Credit Allocation Committee shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Tax Credit Allocation Committee and the Franchise Tax Board, of the taxpayers that have sold or purchased a credit pursuant to this subdivision. +(3) (A) A credit may be sold pursuant to this subdivision to more than one unrelated party. +(B) (i) Except as provided in clause (ii), a credit shall not be resold by the unrelated party to another taxpayer or other party. +(ii) All or any portion of any credit allowed under Section 23610.5 may be resold once by an original purchaser to one or more unrelated parties, subject to all of the requirements of this subdivision. +(4) Notwithstanding any other law, the taxpayer that originally received the credit that is sold pursuant to paragraph (1) shall remain solely liable for all obligations and liabilities imposed on the taxpayer by Section 23610.5 with respect to the credit, none of which shall apply to any party to whom the credit has been sold or subsequently transferred. Parties who purchase credits pursuant to paragraph (1) shall be entitled to utilize the purchased credits in the same manner in which the taxpayer that originally received the credit could utilize them. +(5) A taxpayer shall not sell a credit allowed by Section 23610.5 if the taxpayer was allowed the credit on any tax return of the taxpayer. +(6) Notwithstanding paragraph (1), the taxpayer, with the approval of the Executive Director of the California Tax Credit Allocation Committee, may rescind the election to sell all or any portion of the credit allowed under Section 23610.5 if the consideration for the credit falls below 80 percent of the amount of the credit after the California Tax Credit Allocation Committee reservation. +(c) The California Tax Credit Allocation Committee may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the California Tax Credit Allocation Committee pursuant to this section. +SEC. 4. +(a) The California Tax Credit Allocation Committee shall enter into an agreement with the Franchise Tax Board to pay any costs incurred by the Franchise Tax Board in the administration of Sections 12206.1, 17058.1, and 23610.7 of the Revenue and Taxation Code as added by this act. +(b) (1) The California Tax Credit Allocation Committee shall report to the Legislature as follows: +(A) On or before January 1, 2021, for calendar years 2016 to 2019, inclusive, the total amounts of credits allowed to, and sold by, taxpayers pursuant to Sections 12206.1, 17058.1, and 23610.7 of the Revenue and Taxation Code, including a separate accounting of credits sold to original purchasers by the original investors and credits resold by the original purchasers to secondary purchasers. +(B) On or before January 1, 2025, for calendar years 2016 to 2023, inclusive, the total of credits allowed to, and sold by, taxpayers pursuant to Sections 12206.1, 17058.1, and 23610.7 of the Revenue and Taxation Code, including a separate accounting of credits sold to original purchasers by the original investors and credits resold by the original purchasers to secondary purchasers. +(2) The reports submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. +SEC. 5. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","Existing law establishes a low-income housing tax credit program pursuant to which the California Tax Credit Allocation Committee provides procedures and requirements for the allocation of state insurance, income, and corporation tax credit amounts among low-income housing projects based on federal law. +This bill, beginning on or after January 1, 2016, and before January 1, 2026, would allow a taxpayer that is allowed a low-income housing tax credit to elect to sell all or a portion of that credit to one or more unrelated parties, as described, for each taxable year in which the credit is allowed for not less than 80% of the amount of the credit to be sold, and would provide for the one-time resale of that credit, as provided. The bill would require the California Tax Credit Allocation Committee to enter into an agreement with the Franchise Tax Board to pay any costs incurred by the Franchise Tax Board in administering these provisions. The bill would require the California Tax Credit Allocation Committee to report to the Legislature on the total amounts of credits allowed to, and sold by, taxpayers pursuant to these provisions, as specified. +Existing law, in the case of a partnership, requires the allocation of the credits, on or after January 1, 2009, and before January 1, 2016, to partners based upon the partnership agreement, regardless of how the federal low-income housing tax credit, as provided, is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, as specified. +This bill would extend these provisions indefinitely. +This bill would take effect immediately as a tax levy.","An act to add Sections 12206.1, 17058.1, and 23610.7 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +105,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3217 is added to the Public Resources Code, to read: +3217. +(a) (1) The supervisor shall continue the prohibition against Southern California Gas Company injecting any natural gas into the Aliso Canyon natural gas storage facility located in the County of Los Angeles until a comprehensive review of the safety of the gas storage wells at the facility is completed and the supervisor determines that well integrity has been ensured by the review, the risks of failures identified in the review have been addressed, and the supervisor’s duty to prevent damage to life, health, property, and natural resources, and other requirements, as specified in Section 3106, is satisfied. The supervisor may not lift the prohibition on injection until the Executive Director of the Public Utilities Commission has concurred via letter with the supervisor regarding his or her determination of safety. +(2) For purposes of this section, “facility” means the Aliso Canyon natural gas storage facility located in the County of Los Angeles operated by Southern California Gas Company. +(b) (1) The criteria for the gas storage well comprehensive safety review shall be determined by the supervisor with input from contracted independent experts and shall include the steps in subdivision (c). +(2) The supervisor shall direct the contracted independent experts to provide a methodology to be used in assessing the tests and inspections specified in the criteria. This requirement may be satisfied by the independent experts reviewing and, if necessary, revising the division’s written methodology for assessing the tests and inspections specified in the criteria. The methodology shall include all tests and inspections required by the criteria. The division shall post the methodology online on a public portion of its Internet Web site. +(c) The gas storage well comprehensive safety review shall include the following steps to ensure external and internal well mechanical integrity: +(1) All gas storage wells shall be tested and inspected from the surface to the packer or to any wellbore restriction near the top of the geologic formation being used for gas storage, whichever is higher in elevation, to detect existing leaks using temperature and noise logs. +(2) Any leaks shall be stopped and remediated to the satisfaction of the supervisor. +(3) Following remediation, leak detection tests shall be repeated and results reviewed by the supervisor. +(4) (A) Unless a well has been fully plugged and abandoned to the supervisor’s satisfaction and in accordance with Section 3208, the well shall be evaluated and remediated in accordance with subparagraph (B) or plugged in accordance with subparagraph (C). +(B) If a gas storage well is intended to return to service for the purposes of resuming injections to the facility, it shall be tested and inspected from the surface to the packer or to any wellbore restriction near the top of the geologic formation being used for gas storage, whichever is higher in elevation, to ensure mechanical integrity. As identified in the division’s criteria, these tests and inspections shall include the measurement of casing thickness and integrity, an evaluation of the cement bond on the casing, the determination as to whether any deformities in the well casing exist, and an evaluation of the well’s ability to withstand pressures that exceed maximum allowable injection and production pressures, with a reasonable margin for safety, at the facility in accordance with the criteria determined by the supervisor with input from independent experts pursuant to subdivision (b). If the tests reveal that a well poses a risk of failure, the supervisor shall require remediation and repeat tests as necessary to demonstrate to the satisfaction of the supervisor that remediation has mitigated any potential identified risks. If the operator cannot remediate the well to mitigate the identified risks to the satisfaction of the supervisor, the well shall be plugged and abandoned in accordance with Section 3208. +(C) (i) If a well is to be taken out of service before resumption of gas injections at the facility, it shall be removed from operation and isolated from the gas storage reservoir through plugging according to the division’s criteria, including, but not limited to, the demonstration of sufficient cement to prevent migrations between the reservoir and other zones, placement of a mechanical plug at the bottom of the well, and subsequent filling of the well with fluid, and to specifications approved by the supervisor. All gas storage wells that are taken out of service under this subparagraph shall be subjected to ongoing testing and monitoring requirements identified in the criteria determined by the supervisor with input from independent experts. The monitoring shall include, but not be limited to, real-time and daily pressure monitoring, as applicable. A gas storage well shall not be returned to service unless the testing and remediation required under subparagraph (B) has been completed. +(ii) A gas storage well, within one year of being plugged and isolated from the gas storage reservoir pursuant to clause (i), shall either be returned to service by satisfactorily completing the testing and remediation required under subparagraph (B) or be permanently plugged and abandoned to the supervisor’s satisfaction in accordance with Section 3208. +(D) The supervisor shall make a written finding for each gas storage well that has satisfactorily completed the testing and remediation required under subparagraph (B). +(5) The gas storage well comprehensive safety review is not complete until every gas storage well at the facility has completed the testing and remediation required under subparagraph (B) of paragraph (4), been temporarily abandoned and isolated from the reservoir as required under clause (i) of subparagraph (C) of paragraph (4), or been fully plugged and abandoned to the supervisor’s satisfaction in accordance with Section 3208. +(d) Upon completion of the gas storage well comprehensive safety review but before authorizing the commencement of injections at the facility, the division shall hold at least one duly noticed public meeting in the affected community to provide the public an opportunity to comment on the safety review findings and on the proposed pressure limit as provided in subdivision (e). +(e) (1) Before commencing injections at the facility, the operator of the facility shall provide the division with the proposed maximum reservoir pressure and include data and calculations supporting the basis for the pressure limit. The pressure limit shall account for the pressure required to inject intended gas volumes at all proposed inventory levels and the pressure limit shall not exceed the design pressure limits of the reservoir, wells, wellheads, piping, or associated facilities with an appropriate margin for safety. +(2) The operator’s proposed maximum reservoir pressure shall be subject to review and approval by the supervisor, and the supervisor shall consult with independent experts regarding the appropriate maximum and minimum reservoir pressure at the facility. +(f) Once the gas storage well comprehensive safety review is complete pursuant to paragraph (5) of subdivision (c), the supervisor has approved the maximum and minimum reservoir pressure pursuant to paragraph (2) of subdivision (e), and the public hearing is held pursuant to subdivision (d), the supervisor may allow injections of natural gas at the facility. +(g) All gas storage wells returning to service pursuant to subdivision (f) shall only inject or produce gas through the interior metal tubing and not through the annulus between the tubing and the well casing. The operator shall also conduct ongoing pressure monitoring and comply with any other requirements specified by the supervisor. +(h) The gas storage wells at the facility that are plugged and abandoned in accordance with Section 3208 pursuant to this section shall be periodically inspected by the operator for leaks using effective gas leak detection techniques such as optical gas imaging. +(i) (1) Before the completion of the gas storage well comprehensive safety review, production of natural gas from gas storage wells at the facility shall be limited to gas storage wells that have satisfactorily completed the testing and remediation required under subparagraph (B) of paragraph (4) of subdivision (c) unless insufficient production capacity is available. Only if production capacity supplied by the tested and remediated wells is demonstrably insufficient may the supervisor allow other gas storage wells to be used. +(2) The supervisor shall direct the operator of the facility to provide a plan to ensure, at the earliest possible time, the availability of sufficient gas production capacity using gas storage wells that have satisfactorily completed the testing and remediation required under subparagraph (B) of paragraph (4) of subdivision (c). +(j) With respect to the gas storage well comprehensive safety review at the facility, all testing, inspection and monitoring results reported to the division, gas storage well compliance status, any required remediation steps, and other safety review-related materials shall be posted in a timely manner by the division online on a public portion of its Internet Web site. +(k) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 2. +Section 714 is added to the Public Utilities Code, to read: +714. +(a) The commission, no later than July 1, 2017, shall open a proceeding to determine the feasibility of minimizing or eliminating use of the Aliso Canyon natural gas storage facility located in the County of Los Angeles while still maintaining energy and electric reliability for the region. This determination shall be consistent with the Clean Energy and Pollution Reduction Act of 2015 (Ch. 547, Stats. 2015) and Executive Order B-30-2015. The commission shall consult with the State Energy Resources Conservation and Development Commission, the Independent System Operator, the local publicly owned utilities that rely on natural gas for electricity generation, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation, affected balancing authorities, and other relevant government entities, in making its determination. +(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 3. +Section 715 is added to the Public Utilities Code, to read: +715. +(a) The commission shall direct the operator of the Aliso Canyon natural gas storage facility located in the County of Los Angeles to provide all information the commission deems necessary for the commission to determine, in consultation with the State Energy Resources Conservation and Development Commission, the Independent System Operator, and affected publicly owned utilities, the range of working gas necessary to ensure safety and reliability for the region and just and reasonable rates in California. The determination shall be based on best available data, and shall incorporate data from recent and ongoing studies being conducted to determine energy and gas use in the region by the commission, the State Energy Resources Conservation and Development Commission, the Independent System Operator, and affected publicly owned utilities. +(b) Within 30 days of the effective date of the act adding this section, the commission shall publish a report that includes, but is not limited to, all of the following: +(1) The range of working gas necessary at the facility to ensure safety and reliability and just and reasonable rates in California determined pursuant to subdivision (a). +(2) The amount of natural gas production at the facility needed to meet safety and reliability requirements. +(3) The number of wells and associated injection and production capacity required. +(4) The availability of sufficient natural gas production using gas storage wells that have satisfactorily completed testing and remediation required under subparagraph (B) of paragraph (4) of subdivision (c) of Section 3217 of the Public Resources Code. +(c) The commission shall make the report required under subdivision (b) available on its Internet Web site and seek, either through written comments or a workshop, public comments on the report. +(d) The executive director of the commission, in consultation with the State Oil and Gas Supervisor, shall direct the operator to maintain the specified range of working gas, determined pursuant to subdivision (a), at the facility to ensure reliability and just and reasonable rates in California, after all of the following occur: +(1) The gas storage well comprehensive safety review is complete pursuant to paragraph (5) of subdivision (c) of Section 3217 of the Public Resources Code. +(2) The State Oil and Gas Supervisor has approved the maximum and minimum reservoir pressure pursuant to subdivision (e) of Section 3217 of the Public Resources Code. +(3) The State Oil and Gas Supervisor has allowed injections of natural gas at the facility, pursuant to subdivision (f) of Section 3217 of the Public Resources Code. +(4) The commission has allowed, and received, public comment on the report pursuant to subdivision (c). +(e) In no case may the volume of working gas set by the executive director of the commission result in reservoir pressures that fall out of the range established pursuant to subdivision (e) of Section 3217 of the Public Resources Code. +(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 5. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to mitigate, at the earliest possible time, ongoing harm from the gas leak at the Aliso Canyon natural gas storage facility, and to evaluate the integrity of and the risks associated with gas storage wells at that facility, it is necessary that this act take effect immediately.","(1) Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law requires the State Oil and Gas Supervisor to supervise the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities related to oil and gas production within an oil and gas field, so as to prevent damage to life, health, property, and natural resources, as provided; to permit owners and operators of wells to utilize all known methods and practices to increase the ultimate recovery of hydrocarbons; and to perform the supervisor’s duties in a manner that encourages the wise development of oil and gas resources to best meet oil and gas needs in this state. Under existing law, a person who fails to comply with certain requirements relating to the regulation of oil or gas operations is guilty of a misdemeanor. +This bill would require the supervisor to continue the prohibition against Southern California Gas Company injecting any natural gas into the Aliso Canyon natural gas storage facility located in the County of Los Angeles until a comprehensive review of the safety of the gas storage wells at the facility is completed, as specified, the supervisor determines that well integrity has been ensured by the review, the risks of failures identified in the review have been addressed, the supervisor’s duty to prevent damage to life, health, property, and natural resources, and other requirements is satisfied, and the Executive Director of the Public Utilities Commission has concurred via letter with the supervisor regarding his or her determination of safety. The bill would require the supervisor to determine criteria for the gas storage well comprehensive safety review with input from independent experts and would require the criteria to include, but not be limited to, specified tests and inspections. The bill would require the supervisor to direct the contracted independent experts to provide a methodology to be used in assessing the tests and inspections specified in the criteria. The bill would require the division to post the methodology on a public portion of its Internet Web site. The bill would require the operator of the facility to provide the division with the proposed maximum reservoir pressure and to include data and calculations supporting the basis for the pressure limit. The bill would authorize the supervisor to allow injections of natural gas into the facility once the gas storage well comprehensive safety review is complete, the division holds a duly noticed public hearing in the affected community to provide the public an opportunity to comment on the safety review findings and the proposed pressure limit, and the supervisor has approved the maximum and minimum reservoir pressure at the facility. The bill would also require that, before the completion of the gas storage well comprehensive safety review, the production of natural gas from gas storage wells at the facility be limited to gas storage wells that have satisfactorily completed the testing and remediation required under the review, except as specified. The bill would require the supervisor to direct the operator of the facility to provide a plan to ensure, at the earliest possible time, the availability of sufficient gas production capacity using gas storage wells that have satisfactorily completed the testing and remediation required under the review. The bill would require all gas storage wells returning to service under these provisions to inject or produce gas only through the interior metal tubing, and would require the operator to conduct ongoing pressure monitoring and comply with any other requirements specified by the supervisor. The bill would require the gas storage wells at the facility that are plugged and abandoned pursuant to these provisions to be periodically inspected by the operator for leaks using effective gas leak detection techniques. The bill would require the division, with respect to the review and in a timely manner, to post all testing, inspection and monitoring results, and other safety review-related materials to a public portion of the division’s Internet Web site. Because a violation of certain of these requirements would be a crime, the bill would impose a state-mandated local program. The bill would repeal these provisions on January 1, 2021. +(2) Under existing law, the Public Utilities Commission is authorized to supervise and regulate every public utility in the state. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. +This bill would require the commission, no later than July 1, 2017, to open a proceeding to determine the feasibility of minimizing or eliminating use of the Aliso Canyon natural gas storage facility located in the County of Los Angeles while still maintaining energy and electric reliability for the region, and to consult with specified entities in making its determination. The bill would require the commission, in consultation with specified entities, to determine the range of working gas necessary to ensure safety and reliability for the region and just and reasonable rates in California, and to direct the operator of the facility to provide all information the commission deems necessary to make that determination. The bill would require the commission, within 30 days of the effective date of this act, to publish a report, including specified information regarquired by this act for a specified reason. +(4) This bill would declare that it is to take effect immediately as an urgency statute.","An act to add and repeal Section 3217 of the Public Resources Code, and to add and repeal Sections 714 and 715 of the Public Utilities Code, relating to natural gas, and declaring the urgency thereof, to take effect immediately." +106,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 430.41 is added to the Code of Civil Procedure, to read: +430.41. +(a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading. +(1) As part of the meet and confer process, the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. The party who filed the complaint, cross-complaint, or answer shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint, cross-complaint, or answer could be amended to cure any legal insufficiency. +(2) The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. The 30-day extension shall commence from the date the responsive pleading was previously due, and the demurring party shall not be subject to default during the period of the extension. Any further extensions shall be obtained by court order upon a showing of good cause. +(3) The demurring party shall file and serve with the demurrer a declaration stating either of the following: +(A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. +(B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith. +(4) Any determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer. +(b) A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross-complaint, or answer. +(c) If a court sustains a demurrer to one or more causes of action and grants leave to amend, the court may order a conference of the parties before an amended complaint or cross-complaint or a demurrer to an amended complaint or cross-complaint, may be filed. If a conference is held, the court shall not preclude a party from filing a demurrer and the time to file a demurrer shall not begin until after the conference has concluded. Nothing in this section prohibits the court from ordering a conference on its own motion at any time or prevents a party from requesting that the court order a conference to be held. +(d) This section does not apply to the following civil actions: +(1) An action in which a party not represented by counsel is incarcerated in a local, state, or federal correctional institution. +(2) A proceeding in forcible entry, forcible detainer, or unlawful detainer. +(e) (1) In response to a demurrer and prior to the case being at issue, a complaint or cross-complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action. The three-amendment limit shall not include an amendment made without leave of the court pursuant to Section 472, provided the amendment is made before a demurrer to the original complaint or cross-complaint is filed. +(2) Nothing in this section affects the rights of a party to amend its pleading or respond to an amended pleading after the case is at issue. +(f) Nothing in this section affects appellate review or the rights of a party pursuant to Section 430.80. +(g) If a demurrer is overruled as to a cause of action and that cause of action is not further amended, the demurring party preserves its right to appeal after final judgment without filing a further demurrer. +(h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 2. +Section 472 of the Code of Civil Procedure is amended to read: +472. +(a) A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before the demurrer is heard if the amended complaint, cross-complaint, or answer is filed and served no later than the date for filing an opposition to the demurrer. A party may amend the complaint, cross-complaint, or answer after the date for filing an opposition to the demurrer, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading. +(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 3. +Section 472 is added to the Code of Civil Procedure, to read: +472. +(a) Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, and the time in which the adverse party must respond thereto shall be computed from the date of notice of the amendment. +(b) This section shall become operative on January 1, 2021. +SEC. 4. +Section 472a of the Code of Civil Procedure is amended to read: +472a. +(a) A demurrer is not waived by an answer filed at the same time. +(b) Except as otherwise provided by rule adopted by the Judicial Council, if a demurrer to a complaint or to a cross-complaint is overruled and there is no answer filed, the court shall allow an answer to be filed upon such terms as may be just. If a demurrer to the answer is overruled, the action shall proceed as if no demurrer had been interposed, and the facts alleged in the answer shall be considered as denied to the extent mentioned in Section 431.20. +(c) Subject to the limitations imposed by subdivision (e) of Section 430.41, if a demurrer is sustained, the court may grant leave to amend the pleading upon any terms as may be just and shall fix the time within which the amendment or amended pleading shall be filed. If a demurrer is stricken pursuant to Section 436 and there is no answer filed, the court shall allow an answer to be filed on terms that are just. +(d) If a motion to strike is granted pursuant to Section 436, the court may order that an amendment or amended pleading be filed upon terms it deems proper. If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer. +(e) If a motion to dismiss an action pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8 is denied, the court shall allow a pleading to be filed. +(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 5. +Section 472a is added to the Code of Civil Procedure, to read: +472a. +(a) A demurrer is not waived by an answer filed at the same time. +(b) Except as otherwise provided by rule adopted by the Judicial Council, if a demurrer to a complaint or to a cross-complaint is overruled and there is no answer filed, the court shall allow an answer to be filed upon such terms as may be just. If a demurrer to the answer is overruled, the action shall proceed as if no demurrer had been interposed, and the facts alleged in the answer shall be considered as denied to the extent mentioned in Section 431.20. +(c) Subject to the limitations imposed by subdivision (e) of Section 430.41, if a demurrer is sustained, the court may grant leave to amend the pleading upon any terms as may be just and shall fix the time within which the amendment or amended pleading shall be filed. If a demurrer is stricken pursuant to Section 436 and there is no answer filed, the court shall allow an answer to be filed on terms that are just. +(d) If a motion to strike is granted pursuant to Section 436, the court may order that an amendment or amended pleading be filed upon terms it deems proper. If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer. +(e) If a motion to dismiss an action pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8 is denied, the court shall allow a pleading to be filed. +(f) This section shall become operative on January 1, 2021. +SEC. 6. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, a party in a civil action may object to a complaint, cross-complaint, or answer by demurrer, as specified. Existing law authorizes a party to amend a pleading once without leave of the court at any time before an answer or demurrer is filed, or after a demurrer is filed and before the trial of the issue of law thereon. +This bill would require a demurring party in certain civil actions, before filing the demurrer, to engage in a specified meet and confer process with the party who filed the pleading demurred to for the purpose of determining whether an agreement can be reached as to the filing of an amended pleading that would resolve the objections to be raised in the demurrer. The bill would prohibit a party from amending a complaint or cross-complaint more than 3 times in response to a demurrer filed before the case is at issue, except as specified. The bill would prohibit a party from demurring to a pleading that is amended following a sustained demurrer as to any portion of the amended pleading on grounds that could have been raised by the prior demurrer. +This bill would also authorize a party to amend a pleading after a demurrer is filed but before it is heard by the court if the amended pleading is filed and served before the date for filing an opposition to the demurrer. The bill would authorize a party to amend a pleading after the date for filing an opposition to the demurrer upon stipulation by the parties. +The bill would repeal its provisions on January 1, 2021. +The bill would require a demurring party, in some circumstances, to file a declaration under penalty of perjury. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend, add, and repeal Sections 472 and 472a of, and to add and repeal Section 430.41 of, the Code of Civil Procedure, relating to civil procedure." +107,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 116431 is added to the Health and Safety Code, to read: +116431. +(a) At the request of any public water system that prepares and submits a compliance plan to the state board, the state board may grant a period of time to achieve compliance with the primary drinking water standard for hexavalent chromium by the state board’s written approval of the compliance plan. +(b) (1) A compliance plan shall include all of the following: +(A) A compelling reason why it is not feasible for the system to presently comply with the primary drinking water standard for hexavalent chromium. +(B) A summary of the public water system’s review of available funding sources, the best available technology or technologies for treatment, and other options to achieve and maintain compliance with the primary drinking water standard for hexavalent chromium by the earliest feasible date. +(C) A description of the actions the public water system is taking and will take by milestone dates to comply with the primary drinking water standard for hexavalent chromium by the earliest feasible date. The actions may include, but are not limited to, planning, designing, permitting, financing, constructing, testing, and activating treatment facilities or other capital improvements. The compliance plan shall include the public water system’s best estimate of the funding required for compliance and the actions that the public water system will take to secure the funding. In no event shall the earliest feasible date extend beyond January 1, 2020. +(2) The state board may do either of the following: +(A) Approve a compliance plan. +(B) Provide written comments on the compliance plan to the public water system. The comments may include requiring the public water system’s compliance, prior to January 1, 2020, with the primary drinking water standard for hexavalent chromium if the earliest feasible date, based on review of the compliance plan and based on the public water system’s specific circumstances identified in the plan, is prior to January 1, 2020. If the state board provides written comments, the public water system may submit a revised compliance plan that the state board may approve if the plan timely and adequately addresses any and all written comments provided by the state board. +(c) The public water system shall provide written notice regarding the compliance plan to the persons served by the public water system at least two times per year. The written notice shall meet the translation requirements provided in subdivision (h) of Section 116450 and shall include notice of all of the following: +(1) That the public water system is implementing the compliance plan that has been approved by the state board and that demonstrates the public water system is taking the needed feasible actions to comply with the primary drinking water standard for hexavalent chromium. The notice shall summarize those actions in a form and manner determined by the state board. For notices after the initial notice, the public water system shall update information demonstrating progress implementing the compliance plan. +(2) That the persons served by the public water system have access to alternative drinking water and that the public water system shall provide information on that drinking water. The notice shall identify where that information may be obtained. +(3) Basic information describing hexavalent chromium, including the level found in drinking water provided by the public water system, the maximum contaminant level for hexavalent chromium, and the possible effects of hexavalent chromium on human health as specified in Appendix 64465-D of Section 64465 of Title 22 of the California Code of Regulations. +(d) Following the state board’s approval of the compliance plan, the public water system shall submit a written status report to the state board, at a frequency and by a deadline or deadlines set by the state board, for the state board’s approval, that updates the status of actions specified in the state board-approved compliance plan and that specifies any changes to the compliance plan that are needed to achieve compliance with the primary drinking water standard for hexavalent chromium by the earliest feasible date. State board approval of a written status report that includes proposed changes to the compliance plan shall be deemed approval of the proposed changes to the compliance plan and the resulting revised plan. +(e) A public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while implementing an approved compliance plan. A public water system that has submitted a compliance plan for approval shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while state board action on the proposed and submitted compliance plan is pending. +(f) (1) At any time, the state board may direct revisions to a compliance plan or disapprove a compliance plan if the state board determines that the actions and timelines addressed in the compliance plan are inadequate to achieve compliance by the earliest feasible date. At any time, the state board may disapprove a written status report if the state board determines that the written status report fails to demonstrate that the public water system is complying with the approved compliance plan by the milestone dates. In these instances, the state board shall provide the public water system with written notice specifying the reason for the required revisions or disapproval and the deficiencies that shall be addressed in a resubmitted compliance plan or written status report. +(2) A previously approved compliance plan that the state board requires to be revised, or a written status report that is disapproved by the state board, may be revised and resubmitted by the public water system for state board approval within 60 days of receipt of the notice required by paragraph (1). During the 60 days, a public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium. A public water system shall not be granted a period of time to achieve compliance with the primary drinking water standard for hexavalent chromium if the public water system fails to submit a revised compliance plan or revised written status report within 60 days of receiving the notice, or submits a revised compliance plan or revised written status report that is subsequently disapproved. +(3) A compliance plan approved by the state board pursuant to this section shall continue in effect until the earliest feasible compliance date, as specified by the compliance plan, or until the water system fails to retain state board approval of the compliance plan. +(g) The state board may implement, interpret, or make specific the provisions of this section by means of criteria, published on its Internet Web site. This action by the state board shall not be subject to the rulemaking requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). +(h) This section does not affect the state’s requirements for establishing drinking water standards for contaminants in drinking water. This section does not apply to any contaminants other than hexavalent chromium. This section is intended to address the specific circumstance that, for some public water systems, compliance with the state’s hexavalent chromium drinking water standard requires the design, financing, and construction of capital improvements. These major compliance actions necessitate a period of time for compliance. +(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +The state’s regulation setting the new maximum contaminant level for hexavalent chromium VI went into effect on July 1, 2014. The regulation required that the initial compliance monitoring under the regulation be performed by January 1, 2015. Some public water systems need to take major compliance actions, such as designing, financing, and constructing water treatment facilities, to comply with the new regulation. To avoid the systems being deemed in violation of the regulation in 2015, and for a limited time period thereafter, it is necessary for this act, which authorizes a period of time to achieve compliance, to take effect immediately.","The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the State of California. The act requires the state board to adopt primary drinking water standards for contaminants in drinking water based upon specified criteria, and required a primary drinking water standard to be established for hexavalent chromium by January 1, 2004. Existing law authorizes the state board to grant a variance from primary drinking water standards to a public water system. Existing law makes certain violations of the act a crime. +This bill would authorize, until January 1, 2020, the state board, at the request of a public water system that prepares and submits a compliance plan to the state board, to grant a period of time to achieve compliance with the primary drinking water standard for hexavalent chromium by approving the compliance plan, as prescribed. This bill would require a public water system to provide specified notice regarding the compliance plan to the persons served by the public water system and the public water system to send written status reports to the state board. This bill would prohibit a public water system from being deemed in violation of the primary drinking water standard for hexavalent chromium while implementing an approved compliance plan or while state board action on its proposed and submitted compliance plan is pending. +The bill would authorize the state board to direct revisions to a compliance plan if the board makes certain determinations and would prohibit a public water system from being granted a period of time to achieve compliance under certain circumstances, including if the public water system does not submit a revised compliance plan or the revised compliance plan is disapproved. The bill would authorize the state board to implement, interpret, or make specific these provisions by means of criteria, published on its Internet Web site. To the extent that a public water system, when requesting approval of a compliance plan or submitting a report pursuant to these provisions, would make any false statement or representation, this bill would expand the scope of a crime and impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to add and repeal Section 116431 of the Health and Safety Code, relating to drinking water, and declaring the urgency thereof, to take effect immediately." +108,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1770 of the Civil Code is amended to read: +1770. +(a) The following unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer are unlawful: +(1) Passing off goods or services as those of another. +(2) Misrepresenting the source, sponsorship, approval, or certification of goods or services. +(3) Misrepresenting the affiliation, connection, or association with, or certification by, another. +(4) Using deceptive representations or designations of geographic origin in connection with goods or services. +(5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which he or she does not have. +(6) Representing that goods are original or new if they have deteriorated unreasonably or are altered, reconditioned, reclaimed, used, or secondhand. +(7) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another. +(8) Disparaging the goods, services, or business of another by false or misleading representation of fact. +(9) Advertising goods or services with intent not to sell them as advertised. +(10) Advertising goods or services with intent not to supply reasonably expectable demand, unless the advertisement discloses a limitation of quantity. +(11) Advertising furniture without clearly indicating that it is unassembled if that is the case. +(12) Advertising the price of unassembled furniture without clearly indicating the assembled price of that furniture if the same furniture is available assembled from the seller. +(13) Making false or misleading statements of fact concerning reasons for, existence of, or amounts of price reductions. +(14) Representing that a transaction confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law. +(15) Representing that a part, replacement, or repair service is needed when it is not. +(16) Representing that the subject of a transaction has been supplied in accordance with a previous representation when it has not. +(17) Representing that the consumer will receive a rebate, discount, or other economic benefit, if the earning of the benefit is contingent on an event to occur subsequent to the consummation of the transaction. +(18) Misrepresenting the authority of a salesperson, representative, or agent to negotiate the final terms of a transaction with a consumer. +(19) Inserting an unconscionable provision in the contract. +(20) Advertising that a product is being offered at a specific price plus a specific percentage of that price unless (A) the total price is set forth in the advertisement, which may include, but is not limited to, shelf tags, displays, and media advertising, in a size larger than any other price in that advertisement, and (B) the specific price plus a specific percentage of that price represents a markup from the seller’s costs or from the wholesale price of the product. This subdivision shall not apply to in-store advertising by businesses which are open only to members or cooperative organizations organized pursuant to Division 3 (commencing with Section 12000) of Title 1 of the Corporations Code where more than 50 percent of purchases are made at the specific price set forth in the advertisement. +(21) Selling or leasing goods in violation of Chapter 4 (commencing with Section 1797.8) of Title 1.7. +(22) (A) Disseminating an unsolicited prerecorded message by telephone without an unrecorded, natural voice first informing the person answering the telephone of the name of the caller or the organization being represented, and either the address or the telephone number of the caller, and without obtaining the consent of that person to listen to the prerecorded message. +(B) This subdivision does not apply to a message disseminated to a business associate, customer, or other person having an established relationship with the person or organization making the call, to a call for the purpose of collecting an existing obligation, or to any call generated at the request of the recipient. +(23) (A) The home solicitation, as defined in subdivision (h) of Section 1761, of a consumer who is a senior citizen where a loan is made encumbering the primary residence of that consumer for the purposes of paying for home improvements and where the transaction is part of a pattern or practice in violation of either subsection (h) or (i) of Section 1639 of Title 15 of the United States Code or paragraphs (1), (2), and (4) of subdivision (a) of Section 226.34 of Title 12 of the Code of Federal Regulations. +(B) A third party shall not be liable under this subdivision unless (1) there was an agency relationship between the party who engaged in home solicitation and the third party or (2) the third party had actual knowledge of, or participated in, the unfair or deceptive transaction. A third party who is a holder in due course under a home solicitation transaction shall not be liable under this subdivision. +(24) (A) Charging or receiving an unreasonable fee to prepare, aid, or advise any prospective applicant, applicant, or recipient in the procurement, maintenance, or securing of public social services. +(B) For purposes of this paragraph, the following definitions shall apply: +(i) “Public social services” means those activities and functions of state and local government administered or supervised by the State Department of Health Care Services, the State Department of Public Health, or the State Department of Social Services, and involved in providing aid or services, or both, including health care services, and medical assistance, to those persons who, because of their economic circumstances or social condition, are in need of that aid or those services and may benefit from them. +(ii) “Public social services” also includes activities and functions administered or supervised by the United States Department of Veterans Affairs or the California Department of Veterans Affairs involved in providing aid or services, or both, to veterans, including pension benefits. +(iii) “Unreasonable fee” means a fee that is exorbitant and disproportionate to the services performed. Factors to be considered, when appropriate, in determining the reasonableness of a fee, are based on the circumstances existing at the time of the service and shall include, but not be limited to, all of the following: +(I) The time and effort required. +(II) The novelty and difficulty of the services. +(III) The skill required to perform the services. +(IV) The nature and length of the professional relationship. +(V) The experience, reputation, and ability of the person providing the services. +(C) This paragraph shall not apply to attorneys licensed to practice law in California, who are subject to the California Rules of Professional Conduct and to the mandatory fee arbitration provisions of Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, when the fees charged or received are for providing representation in administrative agency appeal proceedings or court proceedings for purposes of procuring, maintaining, or securing public social services on behalf of a person or group of persons. +(25) (A) Advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements that does not include the following statement in the same type size and font as the term “veteran” or any variation of that term: +(i) “I am not authorized to file an initial application for Veterans’ Aid and Attendance benefits on your behalf, or to represent you before the Board of Veterans’ Appeals within the United States Department of Veterans Affairs in any proceeding on any matter, including an application for such benefits. It would be illegal for me to accept a fee for preparing that application on your behalf.” The requirements of this clause do not apply to a person licensed to act as an agent or attorney in proceedings before the Agency of Original Jurisdiction and the Board of Veterans’ Appeals within the United States Department of Veterans Affairs when that person is offering those services at the advertised event. +(ii) The statement in clause (i) shall also be disseminated, both orally and in writing, at the beginning of any event, presentation, seminar, workshop, or public gathering regarding veterans’ benefits or entitlements. +(B) Advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements which is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries that does not include the following statement, in the same type size and font as the term “veteran” or the variation of that term: + + +“This event is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries. None of the insurance products promoted at this sales event are endorsed by those organizations, all of which offer free advice to veterans about how to qualify and apply for benefits.” + + +(i) The statement in this subparagraph shall be disseminated, both orally and in writing, at the beginning of any event, presentation, seminar, workshop, or public gathering regarding veterans’ benefits or entitlements. +(ii) The requirements of this subparagraph shall not apply in a case where the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries have granted written permission to the advertiser or promoter for the use of its name, symbol, or insignia to advertise or promote the event, presentation, seminar, workshop, or other public gathering. +(26) Advertising, offering for sale, or selling a financial product that is illegal under state or federal law, including any cash payment for the assignment to a third party of the consumer’s right to receive future pension or veteran’s benefits. +(27) Representing that a product is made in California by using a Made in California label created pursuant to Section 12098.10 of the Government Code, unless the product complies with Section 12098.10 of the Government Code. +(b) (1) It is an unfair or deceptive act or practice for a mortgage broker or lender, directly or indirectly, to use a home improvement contractor to negotiate the terms of any loan that is secured, whether in whole or in part, by the residence of the borrower and which is used to finance a home improvement contract or any portion of a home improvement contract. For purposes of this subdivision, “mortgage broker or lender” includes a finance lender licensed pursuant to the California Finance Lenders Law (Division 9 (commencing with Section 22000) of the Financial Code), a residential mortgage lender licensed pursuant to the California Residential Mortgage Lending Act (Division 20 (commencing with Section 50000) of the Financial Code), or a real estate broker licensed under the Real Estate Law (Division 4 (commencing with Section 10000) of the Business and Professions Code). +(2) This section shall not be construed to either authorize or prohibit a home improvement contractor from referring a consumer to a mortgage broker or lender by this subdivision. However, a home improvement contractor may refer a consumer to a mortgage lender or broker if that referral does not violate Section 7157 of the Business and Professions Code or any other law. A mortgage lender or broker may purchase an executed home improvement contract if that purchase does not violate Section 7157 of the Business and Professions Code or any other law. Nothing in this paragraph shall have any effect on the application of Chapter 1 (commencing with Section 1801) of Title 2 to a home improvement transaction or the financing of a home improvement transaction. +SEC. 2. +Chapter 3.6 (commencing with Section 870) is added to Division 4 of the Military and Veterans Code, to read: +CHAPTER 3.6. Nonassignability of Veterans’ Benefits +870. +A person shall not advertise, offer, or enter into an agreement with a pension beneficiary that would involve an assignment of pension benefits that is prohibited by state or federal law.","(1) Existing law, the Consumer Legal Remedies Act, makes unlawful certain unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer, including, among other things, advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements that does not include a specified statement. Existing law authorizes any consumer who suffers damages as a result of the use or employment by any person of a method, act, or practice declared to be unlawful, as described above, to bring an action against that person to recover or obtain damages, restitution, an order enjoining the methods, acts, or practice, or any other relief the court deems proper. +This bill would include, as an unlawful practice prohibited under the act, advertising, offering for sale, or selling a financial product or service that is illegal under state or federal law, including a cash payment for the assignment to a 3rd party of the consumer’s right to receive future pension or veteran’s benefits. +(2) Existing federal law prohibits payments of benefits due or to become due under any law administered by the United States Secretary of Veterans Affairs from being assignable. Under existing federal law, in any case where a beneficiary entitled to pension compensation enters into an agreement with another person under which agreement the other person acquires for consideration the right to receive the benefit by payment of a pension compensation, the agreement is deemed to be an assignment and is prohibited. +Existing state law establishes a cause of action against any person who engages in an act of unfair competition, which includes any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising, and any prohibited advertising act or practice. +This bill would state an additional prohibition against advertising, offering, or entering into an agreement with a pension beneficiary that would involve an assignment of pension benefits.","An act to amend Section 1770 of the Civil Code, and to add Chapter 3.6 (commencing with Section 870) to Division 4 of the Military and Veterans Code, relating to unlawful business practices." +109,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1363 of the Health and Safety Code is amended to read: +1363. +(a) The director shall require the use by each plan of disclosure forms or materials containing information regarding the benefits, services, and terms of the plan contract as the director may require, so as to afford the public, subscribers, and enrollees with a full and fair disclosure of the provisions of the plan in readily understood language and in a clearly organized manner. The director may require that the materials be presented in a reasonably uniform manner so as to facilitate comparisons between plan contracts of the same or other types of plans. Nothing contained in this chapter shall preclude the director from permitting the disclosure form to be included with the evidence of coverage or plan contract. +The disclosure form shall provide for at least the following information, in concise and specific terms, relative to the plan, together with additional information as may be required by the director, in connection with the plan or plan contract: +(1) The principal benefits and coverage of the plan, including coverage for acute care and subacute care. +(2) The exceptions, reductions, and limitations that apply to the plan. +(3) The full premium cost of the plan. +(4) Any copayment, coinsurance, or deductible requirements that may be incurred by the member or the member’s family in obtaining coverage under the plan. +(5) The terms under which the plan may be renewed by the plan member, including any reservation by the plan of any right to change premiums. +(6) A statement that the disclosure form is a summary only, and that the plan contract itself should be consulted to determine governing contractual provisions. The first page of the disclosure form shall contain a notice that conforms with all of the following conditions: +(A) (i) States that the evidence of coverage discloses the terms and conditions of coverage. +(ii) States, with respect to individual plan contracts, small group plan contracts, and any other group plan contracts for which health care services are not negotiated, that the applicant has a right to view the evidence of coverage prior to enrollment, and, if the evidence of coverage is not combined with the disclosure form, the notice shall specify where the evidence of coverage can be obtained prior to enrollment. +(B) Includes a statement that the disclosure and the evidence of coverage should be read completely and carefully and that individuals with special health care needs should read carefully those sections that apply to them. +(C) Includes the plan’s telephone number or numbers that may be used by an applicant to receive additional information about the benefits of the plan or a statement where the telephone number or numbers are located in the disclosure form. +(D) For individual contracts, and small group plan contracts as defined in Article 3.1 (commencing with Section 1357), the disclosure form shall state where the health plan benefits and coverage matrix is located. +(E) Is printed in type no smaller than that used for the remainder of the disclosure form and is displayed prominently on the page. +(7) A statement as to when benefits shall cease in the event of nonpayment of the prepaid or periodic charge and the effect of nonpayment upon an enrollee who is hospitalized or undergoing treatment for an ongoing condition. +(8) To the extent that the plan permits a free choice of provider to its subscribers and enrollees, the statement shall disclose the nature and extent of choice permitted and the financial liability that is, or may be, incurred by the subscriber, enrollee, or a third party by reason of the exercise of that choice. +(9) A summary of the provisions required by subdivision (g) of Section 1373, if applicable. +(10) If the plan utilizes arbitration to settle disputes, a statement of that fact. +(11) A summary of, and a notice of the availability of, the process the plan uses to authorize, modify, or deny health care services under the benefits provided by the plan, pursuant to Sections 1363.5 and 1367.01. +(12) A description of any limitations on the patient’s choice of primary care physician, specialty care physician, or nonphysician health care practitioner, based on service area and limitations on the patient’s choice of acute care hospital care, subacute or transitional inpatient care, or skilled nursing facility. +(13) General authorization requirements for referral by a primary care physician to a specialty care physician or a nonphysician health care practitioner. +(14) Conditions and procedures for disenrollment. +(15) A description as to how an enrollee may request continuity of care as required by Section 1373.96 and request a second opinion pursuant to Section 1383.15. +(16) Information concerning the right of an enrollee to request an independent review in accordance with Article 5.55 (commencing with Section 1374.30). +(17) A notice as required by Section 1364.5. +(b) (1) As of July 1, 1999, the director shall require each plan offering a contract to an individual or small group to provide with the disclosure form for individual and small group plan contracts a uniform health plan benefits and coverage matrix containing the plan’s major provisions in order to facilitate comparisons between plan contracts. The uniform matrix shall include the following category descriptions together with the corresponding copayments and limitations in the following sequence: +(A) Deductibles. +(B) Lifetime maximums. +(C) Professional services. +(D) Outpatient services. +(E) Hospitalization services. +(F) Emergency health coverage. +(G) Ambulance services. +(H) Prescription drug coverage. +(I) Durable medical equipment. +(J) Mental health services. +(K) Chemical dependency services. +(L) Home health services. +(M) Other. +(2) The following statement shall be placed at the top of the matrix in all capital letters in at least 10-point boldface type: + + + +THIS MATRIX IS INTENDED TO BE USED TO HELP YOU COMPARE COVERAGE BENEFITS AND IS A SUMMARY ONLY. THE EVIDENCE OF COVERAGE AND PLAN CONTRACT SHOULD BE CONSULTED FOR A DETAILED DESCRIPTION OF COVERAGE BENEFITS AND LIMITATIONS. + + + +(3) (A) A health care service plan contract subject to Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15), shall satisfy the requirements of this subdivision by providing the uniform summary of benefits and coverage required under Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15) and any rules or regulations issued thereunder. A health care service plan that issues the uniform summary of benefits referenced in this paragraph shall do both of the following: +(i) Ensure that all applicable benefit disclosure requirements specified in this chapter and in Title 28 of the California Code of Regulations are met in other health plan documents provided to enrollees under the provisions of this chapter. +(ii) Consistent with applicable law, advise applicants and enrollees, in a prominent place in the plan documents referenced in subdivision (a), that enrollees are not financially responsible in payment of emergency care services, in any amount that the health care service plan is obligated to pay, beyond the enrollee’s copayments, coinsurance, and deductibles as provided in the enrollee’s health care service plan contract. +(B) Commencing October 1, 2016, the uniform summary of benefits and coverage referenced in this paragraph shall constitute a vital document for the purposes of Section 1367.04. Not later than July 1, 2016, the department shall develop written translations of the template uniform summary of benefits and coverage for all language groups identified by the State Department of Health Care Services in all plan letters as of August 27, 2014, for translation services pursuant to Section 14029.91 of the Welfare and Institutions Code, except for any language group for which the United States Department of Labor has already prepared a written translation. Not later than July 1, 2016, the department shall make available on its Internet Web site written translations of the template uniform summary of benefits and coverage developed by the department, and written translations prepared by the United States Department of Labor, if available, for any language group to which this subparagraph applies. +(C) Subdivision (c) shall not apply to a health care service plan contract subject to subparagraph (A). +(c) Nothing in this section shall prevent a plan from using appropriate footnotes or disclaimers to reasonably and fairly describe coverage arrangements in order to clarify any part of the matrix that may be unclear. +(d) All plans, solicitors, and representatives of a plan shall, when presenting any plan contract for examination or sale to an individual prospective plan member, provide the individual with a properly completed disclosure form, as prescribed by the director pursuant to this section for each plan so examined or sold. +(e) In the case of group contracts, the completed disclosure form and evidence of coverage shall be presented to the contractholder upon delivery of the completed health care service plan agreement. +(f) Group contractholders shall disseminate copies of the completed disclosure form to all persons eligible to be a subscriber under the group contract at the time those persons are offered the plan. If the individual group members are offered a choice of plans, separate disclosure forms shall be supplied for each plan available. Each group contractholder shall also disseminate or cause to be disseminated copies of the evidence of coverage to all applicants, upon request, prior to enrollment and to all subscribers enrolled under the group contract. +(g) In the case of conflicts between the group contract and the evidence of coverage, the provisions of the evidence of coverage shall be binding upon the plan notwithstanding any provisions in the group contract that may be less favorable to subscribers or enrollees. +(h) In addition to the other disclosures required by this section, every health care service plan and any agent or employee of the plan shall, when presenting a plan for examination or sale to any individual purchaser or the representative of a group consisting of 25 or fewer individuals, disclose in writing the ratio of premium costs to health services paid for plan contracts with individuals and with groups of the same or similar size for the plan’s preceding fiscal year. A plan may report that information by geographic area, provided the plan identifies the geographic area and reports information applicable to that geographic area. +(i) Subdivision (b) shall not apply to any coverage provided by a plan for the Medi-Cal program or the Medicare Program pursuant to Title XVIII and Title XIX of the federal Social Security Act. +SEC. 2. +Section 10603 of the Insurance Code, as amended by Section 8 of Chapter 1 of the First Extraordinary Session of the Statutes of 2013, is amended to read: +10603. +(a) (1) On or before April 1, 1975, the commissioner shall promulgate a standard supplemental disclosure form for all disability insurance policies. Upon the appropriate disclosure form as prescribed by the commissioner, each insurer shall provide, in easily understood language and in a uniform, clearly organized manner, as prescribed and required by the commissioner, the summary information about each disability insurance policy offered by the insurer as the commissioner finds is necessary to provide for full and fair disclosure of the provisions of the policy. +(2) On and after January 1, 2014, a disability insurer offering health insurance coverage subject to Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15) shall satisfy the requirements of this section and the implementing regulations by providing the uniform summary of benefits and coverage required under Section 2715 of the federal Public Health Service Act and any rules or regulations issued thereunder. An insurer that issues the federal uniform summary of benefits referenced in this paragraph shall ensure that all applicable disclosures required in this chapter and its implementing regulations are met in other documents provided to policyholders and insureds. An insurer subject to this paragraph shall provide the uniform summary of benefits and coverage to the commissioner together with the corresponding health insurance policy pursuant to Section 10290. +(3) Commencing October 1, 2016, the uniform summary of benefits and coverage referenced in this subdivision shall constitute a vital document for the purposes of Section 10133.8. Not later than July 1, 2016, the commissioner shall develop written translations of the template uniform summary of benefits and coverage for all language groups identified by the State Department of Health Care Services in all plan letters as of August 27, 2014, for translation services pursuant to Section 14029.91 of the Welfare and Institutions Code, except for any language group for which the United States Department of Labor has already prepared a written translation. Not later than July 1, 2016, the commissioner shall make available on its Internet Web site written translations of the template uniform summary of benefits and coverage developed by the commissioner, and written translations prepared by the United States Department of Labor, if available, for any language group to which this subparagraph applies. +(b) Nothing in this section shall preclude the disclosure form from being included with the evidence of coverage or certificate of coverage or policy. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the federal Patient Protection and Affordable Care Act (PPACA), requires a group health plan and a health insurance issuer offering group or individual health insurance coverage to provide a written summary of benefits and coverage (SBC) and requires that the SBC be provided in a culturally and linguistically appropriate manner, as specified. +Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. +Existing law requires a plan or insurer to provide certain disclosures of the benefits, services, and terms of a contract or policy. Existing law requires that contracts and policies subject to PPACA satisfy certain of those disclosure requirements by providing the SBC required under PPACA. Existing law requires the departments to adopt regulations establishing standards and requirements to provide enrollees and insureds with access to language assistance, including requirements for the translation of vital documents, as specified. +This bill would, commencing October 1, 2016, provide that the SBC constitutes a vital document and would require a plan or insurer to comply with requirements applicable to those documents. The bill would, commencing July 1, 2016, require the Department of Managed Health Care and the Insurance Commissioner to develop written translations of the template uniform summary of benefits and coverage and to make available those translations in specified languages on their respective Internet Web sites. Because a willful violation of those requirements by a health care service plan would be a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1363 of the Health and Safety Code, and to amend Section 10603 of the Insurance Code, relating to health care coverage." +110,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 23663 of the Revenue and Taxation Code is amended to read: +23663. +(a) (1) Notwithstanding any other law +to the contrary +, for each taxable year beginning on or after July 1, 2008, any credit allowed to a taxpayer under this chapter that is an eligible credit may be assigned by that taxpayer to any eligible assignee. +(2) A credit assigned under paragraph (1) may +only +be applied by the eligible assignee +only +against the +“tax” (as +“tax,” as +defined in Section +23036) +23036, +of the eligible assignee in a taxable year beginning on or after January 1, 2010. +(3) Except as specifically provided in this section, following an assignment of any eligible credit under this section, the eligible assignee shall be treated as if it originally earned the assigned credit. +(b) For purposes of this section, the following definitions shall apply: +(1) “Affiliated corporation” means a corporation that is a member of a commonly controlled group as defined in Section 25105. +(2) “Eligible credit” shall mean: +(A) Any credit earned by the taxpayer in a taxable year beginning on or after July 1, 2008, or +(B) Any credit earned in any taxable year beginning before July 1, 2008, that is eligible to be carried forward to the taxpayer’s first taxable year beginning on or after July 1, 2008, under the provisions of this part. +(3) “Eligible assignee” shall mean any affiliated corporation that is properly treated as a member of the same combined reporting group pursuant to Section 25101 or 25110 as the taxpayer assigning the eligible credit as of: +(A) In the case of credits earned in taxable years beginning before July 1, 2008: +(i) June 30, 2008, and +(ii) The last day of the taxable year of the assigning taxpayer in which the eligible credit is assigned. +(B) In the case of credits earned in taxable years beginning on or after July 1, 2008. +(i) The last day of the first taxable year in which the credit was allowed to the taxpayer, and +(ii) The last day of the taxable year of the assigning taxpayer in which the eligible credit is assigned. +(c) (1) The election to assign any credit under subdivision (a) shall be irrevocable once made, and shall be made by the taxpayer allowed that credit on its original return for the taxable year in which the assignment is made. +(2) The taxpayer assigning any credit under this section shall reduce the amount of its unused credit by the face amount of any credit assigned under this section, and the amount of the assigned credit shall not be available for application against the assigning taxpayer’s “tax” in any taxable year, nor shall it thereafter be included in the amount of any credit carryover of the assigning taxpayer. +(3) The eligible assignee of any credit under this section may apply all or any portion of the assigned credits against the “tax” of the eligible assignee for the taxable year in which the assignment occurs, or any subsequent taxable year, subject to any carryover period limitations that apply to the assigned credit and also subject to the limitation in paragraph (2) of subdivision (a). +(4) +In no case may the +The +eligible assignee +shall not +sell, otherwise transfer, or thereafter assign the assigned credit to any other taxpayer. +(d) (1) +No consideration +Consideration +shall +not +be required to be paid by the eligible assignee to the assigning taxpayer for assignment of any credit under this section. +(2) In the event that any consideration is paid by the eligible assignee to the assigning taxpayer for the transfer of an eligible credit under this section, then: +(A) +No +A +deduction shall +not +be allowed to the eligible assignee under this part with respect to any amounts so paid, and +(B) +No amounts +Any amount +so received by the assigning taxpayer shall +not +be includable in gross income under this part. +(e) (1) The Franchise Tax Board shall specify the form and manner in which the election required under this section shall be made, as well as any necessary information that shall be required to be provided by the taxpayer assigning the credit to the eligible assignee. +(2) Any taxpayer who assigns any credit under this section shall report any information, in the form and manner specified by the Franchise Tax Board, necessary to substantiate any credit assigned under this section and verify the assignment and subsequent application of any assigned credit. +(3) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to paragraphs (1) and (2). +(4) The Franchise Tax Board may issue any +regulations +regulation +necessary to implement the purposes of this section, including any +regulations +regulation +necessary to specify the treatment of any assignment that does not comply with +the requirements of +this section (including, for example, +where +if +the taxpayer and eligible assignee are not properly treated as members of the same combined reporting group on any of the dates specified in paragraph (3) of subdivision (b). +(f) (1) The taxpayer and the eligible assignee shall be jointly and severally liable for any tax, addition to tax, or penalty that results from the disallowance, in whole or in part, of any eligible credit assigned under this section. +(2) +Nothing in this +This +section shall +not +limit the authority of the Franchise Tax Board to audit either the assigning taxpayer or the eligible assignee with respect to any eligible credit assigned under this section. +(g) On or before June 30, 2013, the Franchise Tax Board shall report to the Joint Legislative Budget Committee, the Legislative Analyst, and the relevant policy committees of both houses on the effects of this section. The report shall include, but need not be limited to, the following: +(1) An estimate of use of credits in the 2010 and 2011 taxable years by eligible taxpayers. +(2) An analysis of effect of this section on expanding business activity in the state related to these credits. +(3) An estimate of the resulting tax revenue loss to the state. +(4) The report shall cover all credits covered in this section, but focus on the credits related to research and development, economic incentive areas, and low-income housing.","The Corporation Tax Law allows various credits against the taxes imposed by that law. That law allows, for each taxable year beginning on or after July 1, 2008, any credit that is an eligible credit, as defined, to be assigned to any eligible assignee, as defined. +This bill would make technical, nonsubstantive changes to this provision.","An act to amend Section 23663 of the Revenue and Taxation Code, relating to taxation." +111,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1516 of the +Health and Safety Code +is amended to read: +1516. +(a)A crisis nursery, as defined in paragraph (17) of subdivision (a) of Section 1502, shall be licensed by the department to operate a crisis residential overnight program. Notwithstanding Section 1596.80, a crisis nursery may also provide crisis day services. +(b)A crisis nursery shall be organized and operated on a nonprofit basis by either a private nonprofit corporation or a nonprofit public benefit corporation. +(c)A facility licensed on or before January 1, 2004, as a group home for children under six years of age with a licensed capacity greater than 14 children, but less than 21 children, that provides crisis nursery services shall be allowed to retain its capacity if issued a crisis nursery license until there is a change in the licensee’s program, location, or client population. +(d)Each crisis nursery shall collect and maintain information, in a format specified by the department, indicating the total number of children placed in the program, the length of stay for each child, the reasons given for the use of the crisis nursery, and the age of each child. This information shall be made available to the department upon request. +(e)Notwithstanding Section 1596.80, a crisis nursery may provide crisis day services for children under six years of age at the same site that it is providing crisis residential overnight services. +(1)A child shall not receive crisis day services at a crisis nursery for more than 30 calendar days, maximum of 12 hours per day, or a total of 360 hours, in a six-month period unless the department issues an exception to allow a child to receive additional crisis day services in a six-month period. +(2)The department, upon receipt of an exception request pursuant to paragraph (1) and supporting documentation as required by the department, shall respond within five working days to approve or deny the request. +(3)No more than two exceptions, in seven-calendar day or 84-hour increments, may be granted per child in a six-month period. +(f)A crisis nursery license shall be issued for a specific capacity determined by the department. +(1)(A)The maximum licensed capacity for crisis day services shall be based on 35 square feet of indoor activity space per child. Bedrooms, bathrooms, halls, offices, isolation areas, food-preparation areas, and storage places shall not be included in the calculation of indoor activity space. Floor area under tables, desks, chairs, and other equipment intended for use as part of children’s activities shall be included in the calculation of indoor space. This subparagraph shall not apply to a crisis nursery that is located in an office building. +(B)There shall be at least 75 square feet per child of outdoor activity space based on the total licensed capacity. Swimming pools, adjacent pool decking, and natural or man-made hazards shall not be included in the calculation of outdoor activity space. +(2)Except as provided in subdivision (c), the maximum licensed capacity for a crisis residential overnight program shall be 14 children. +(3)A child who has been voluntarily placed in a crisis residential overnight program shall be included in the licensed capacity for crisis day services. +(g)Exceptions to group home licensing regulations pursuant to subdivision (c) of Section 84200 of Title 22 of the California Code of Regulations, in effect on August 1, 2004, for county-operated or county-contracted emergency shelter care facilities that care for children under six years of age for no more than 30 days, shall be contained in regulations for crisis nurseries. +(h)For purposes of this section, the following definitions shall apply: +(1)“Crisis day services” means temporary, nonmedical care and supervision for children under six years of age who are voluntarily placed by a parent or legal guardian due to a family crisis or stressful situation for less than 24 hours per day. Crisis day services shall be provided during a time period defined by the crisis nursery in its plan of operation, but not to exceed a period of 14 hours per day. The plan of operation shall assure sleeping arrangements are available for children there after 7 p.m. A child may not receive crisis day services at a crisis nursery for more than 30 calendar days, or a total of 360 hours, in a six-month period unless the department issues an exception. +(2)“Crisis residential overnight program” means short-term, 24-hour nonmedical residential care and supervision, including overnight, for children under six years of age who are voluntarily placed by a parent or legal guardian due to a family crisis or stressful situation for no more than 30 days. +(3)“Voluntarily placed” means a child, who is not receiving Aid to Families with Dependent Children-Foster Care, placed by a parent or legal guardian who retains physical custody of, and remains responsible for, the care of his or her children who are placed for temporary emergency care. “Voluntarily placed” does not include placement of a child who has been removed from the care and custody of his or her parent or legal guardian and placed in foster care by a child welfare services agency. +SEC. 2. +SECTION 1. +Section 1596.810 is added to the Health and Safety Code, immediately following Section 1596.809, to read: +1596.810. +A child day care facility, other than a family day care home, shall not be required to meet the square footage requirements of indoor activity space for child care centers if the facility is located in an office building.","Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities, as defined, +and crisis nurseries +by the State Department of Social Services. Existing law requires that the maximum licensed capacity for those facilities be based on 35 square feet of indoor activity space per child. +This bill would exempt those facilities from the 35 square footage requirement if the facility is located in an office building.","An act to +amend Section 1516 of, and to +add Section 1596.810 +to, +to +the Health and Safety Code, relating to day care facilities." +112,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1214.1 of the Penal Code is amended to read: +1214.1. +(a) In addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to three hundred dollars ($300) against a defendant who fails, after notice and without good cause, to appear in court for a proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed to under Section 40510.5 of the Vehicle Code. This assessment shall be deposited in the Trial Court Trust Fund, as provided in Section 68085.1 of the Government Code. +(b) (1) The assessment imposed pursuant to subdivision (a) shall not become effective until at least 20 calendar days after the court mails a warning notice to the defendant by first-class mail to the address shown on the notice to appear or to the defendant’s last known address. If the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, the court shall vacate the assessment. +(2) Payment of bail, fines, penalties, fees, or a civil assessment shall not be required in order for the court to vacate the assessment at the time of appearance pursuant to paragraph (1). Payment of a civil assessment shall not be required to schedule a court hearing on a pending underlying charge. +(c) If a civil assessment is imposed pursuant to subdivision (a), no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail. An outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment. +(d) The assessment imposed pursuant to subdivision (a) shall be subject to the due process requirements governing defense and collection of civil money judgments generally. +(e) Each court and county shall maintain the collection program that was in effect on July 1, 2005, unless otherwise agreed to by the court and county. If a court and a county do not agree on a plan for the collection of civil assessments imposed pursuant to this section, or any other collections under Section 1463.010, after the implementation of Sections 68085.6 and 68085.7 of the Government Code, the court or the county may request arbitration by a third party mutually agreed upon by the Administrative Director of the Courts and the California State Association of Counties. +SEC. 2. +Section 42008.8 of the Vehicle Code is amended to read: +42008.8. +(a) The Legislature finds and declares that a one-time infraction amnesty program would do all of the following: +(1) Provide relief to individuals who have found themselves in violation of a court-ordered obligation because they have unpaid traffic bail or fines. +(2) Provide relief to individuals who have found themselves in violation of a court-ordered obligation or who have had their driving privileges suspended pursuant to Section 13365. +(3) Provide increased revenue at a time when revenue is scarce by encouraging payment of old fines that have remained unpaid. +(4) Allow courts and counties to resolve older delinquent cases and focus limited resources on collections for more recent cases. +(b) A one-time amnesty program for fines and bail meeting the eligibility requirements set forth in subdivision (g) shall be established in each county. Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code. +(c) As used in this section, the term “fine” or “bail” refers to the total amounts due in connection with a specific violation, which include, but are not limited to, all of the following: +(1) Base fine or bail, as established by court order, by statute, or by the court’s bail schedule. +(2) Penalty assessments imposed pursuant to Section 1464 of the Penal Code, and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of, and paragraph (1) of subdivision (c) of Section 76000.10 of, the Government Code, and Section 42006 of this code. +(3) State surcharges imposed pursuant to Section 1465.7 of the Penal Code. +(4) Court operations assessments imposed pursuant to Section 1465.8 of the Penal Code. +(5) Criminal conviction assessments pursuant to Section 70373 of the Government Code. +(d) Notwithstanding subdivision (c), any civil assessment imposed pursuant to Section 1214.1 of the Penal Code shall not be collected, nor shall the payment of that assessment be a requirement of participation in the amnesty program. +(e) Concurrent with the amnesty program established pursuant to subdivision (b), between October 1, 2015, to March 31, 2017, inclusive, the following shall apply: +(1) The court shall issue and file with the Department of Motor Vehicles the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any participant of the one-time amnesty program established pursuant to subdivision (b) demonstrating that the participant has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege of that participant was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). +(2) The court shall issue and file with the department the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any person in good standing in a comprehensive collection program pursuant to subdivision (c) of Section 1463.007 of the Penal Code demonstrating that the person has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). +(3) Any person who is eligible for a driver’s license pursuant to Section 12801, 12801.5, or 12801.9 shall be eligible for the amnesty program established pursuant to subdivision (b) for any specific violation described in subdivision (g). The department shall issue a driver’s license to any person who is eligible pursuant to Section 12801, 12801.5, or 12801.9 if the person is participating in the amnesty program and is otherwise eligible for the driver’s license but for the fines or bail to be collected through the program. +(4) The Department of Motor Vehicles shall not deny reinstating the driving privilege of any person who participates in the amnesty program established pursuant to subdivision (b) for any fines or bail in connection with the specific violation that is the basis for participation in the amnesty program. +(f) In addition to, and at the same time as, the mandatory one-time amnesty program is established pursuant to subdivision (b), the court and the county may jointly agree to extend that amnesty program to fines and bail imposed for a misdemeanor violation of this code and a violation of Section 853.7 of the Penal Code that was added to the misdemeanor case otherwise subject to the amnesty. The amnesty program authorized pursuant to this subdivision shall not apply to parking violations and violations of Sections 23103, 23104, 23105, 23152, and 23153. +(g) A violation is only eligible for amnesty if paragraph (1), (2), or (3) applies, and the requirements of paragraphs (4) to (7), inclusive, are met: +(1) The violation is an infraction violation filed with the court. +(2) It is a violation of subdivision (a) or (b) of Section 40508, or a violation of Section 853.7 of the Penal Code that was added to the case subject to paragraph (1). +(3) The violation is a misdemeanor violation filed with the court to which subdivision (f) applies. +(4) The initial due date for payment of the fine or bail was on or before January 1, 2013. +(5) There are no outstanding misdemeanor or felony warrants for the defendant within the county, except for misdemeanor warrants for misdemeanor violations subject to this section. +(6) The person does not owe victim restitution on any case within the county. +(7) The person has not made any payments for the violation after September 30, 2015, to a comprehensive collection program in the county pursuant to subdivision (c) of Section 1463.007 of the Penal Code. +(h) (1) Except as provided in paragraph (2), each amnesty program shall accept, in full satisfaction of any eligible fine or bail, 50 percent of the fine or bail amount, as defined in subdivision (c). +(2) If the participant certifies under penalty of perjury that he or she receives any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code or is within the conditions described in subdivision (b) of Section 68632 of the Government Code, the amnesty program shall accept, in full satisfaction of any eligible fine or bail, 20 percent of the fine or bail amount, as defined in subdivision (c). +(i) The Judicial Council, in consultation with the California State Association of Counties, shall adopt guidelines for the amnesty program no later than October 1, 2015, and each program shall be conducted in accordance with the Judicial Council’s guidelines. As part of its guidelines, the Judicial Council shall include all of the following: +(1) Each court or county responsible for implementation of the amnesty program pursuant to subdivision (b) shall recover costs pursuant to subdivision (a) of Section 1463.007 of the Penal Code and may charge an amnesty program fee of fifty dollars ($50) that may be collected with the receipt of the first payment of a participant. +(2) A payment plan option created pursuant to Judicial Council guidelines in which a monthly payment is equal to the amount that an eligible participant can afford to pay per month consistent with Sections 68633 and 68634 of the Government Code. If a participant chooses the payment plan option, the county or court shall collect all relevant information to allow for collection by the Franchise Tax Board pursuant to existing protocols prescribed by the Franchise Tax Board to collect delinquent debts of any amount in which a participant is delinquent or otherwise in default under his or her amnesty payment plan. +(3) If a participant does not comply with the terms of his or her payment plan under the amnesty program, including failing to make one or more payments, the appropriate agency shall send a notice to the participant that he or she has failed to make one or more payments and that the participant has 30 days to either resume making payments or to request that the agency change the payment amount. If the participant fails to respond to the notice within 30 days, the appropriate agency may refer the participant to the Franchise Tax Board for collection of any remaining balance owed, including an amount equal to the reasonable administrative costs incurred by the Franchise Tax Board to collect the delinquent amount owed. The Franchise Tax Board shall collect any delinquent amounts owed pursuant to existing protocols prescribed by the Franchise Tax Board. The comprehensive collection program may also utilize additional collection efforts pursuant to Section 1463.007 of the Penal Code, except for subparagraph (C) of paragraph (4) of subdivision (c) of that section. +(4) A plan for outreach that will, at a minimum, make available via an Internet Web site relevant information regarding the amnesty program, including how an individual may participate in the amnesty program. +(5) The Judicial Council shall reimburse costs incurred by the Department of Motor Vehicles up to an amount not to exceed two hundred fifty thousand dollars ($250,000), including all of the following: +(A) Providing on a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program established pursuant to this section that is compliant with Section 7292 of the Government Code. +(B) Posting on the department’s Internet Web site information regarding the amnesty program. +(C) Personnel costs associated with the amnesty program. +(j) The Judicial Council, in consultation with the department, may, within its existing resources, consider, adopt, or develop recommendations for an appropriate mechanism or mechanisms to allow reinstatement of the driving privilege of any person who otherwise meets the criteria for amnesty but who has violations in more than one county. +(k) No criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program. +(l) (1) The total amount of funds collected under the amnesty program shall, as soon as practical after receipt thereof, be deposited in the county treasury or the account established under Section 77009 of the Government Code. After acceptance of the amount specified in subdivision (h), notwithstanding Section 1203.1d of the Penal Code, the remaining revenues collected under the amnesty program shall be distributed on a pro rata basis in the same manner as a partial payment distributed pursuant to Section 1462.5 of the Penal Code. +(2) Notwithstanding Section 1464 of the Penal Code, the amount of funds collected pursuant to this section that would be available for distribution pursuant to subdivision (f) of Section 1464 of the Penal Code shall instead be distributed as follows: +(A) The first two hundred fifty thousand dollars ($250,000) received shall be transferred to the Judicial Council. +(B) Following the transfer of the funds described in subparagraph (A), once a month, both of the following transfers shall occur: +(i) An amount equal to 82.20 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Peace Officers’ Training Fund. +(ii) An amount equal to 17.80 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Corrections Training Fund. +(m) Each court or county implementing an amnesty program shall file, not later than May 31, 2017, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. Notwithstanding Section 10231.5 of the Government Code, on or before August 31, 2017, the Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to ensure orderly administration and implementation of the amnesty program for Vehicle Code violations as soon as possible, it is necessary that this measure take effect immediately.","Existing law authorizes the court, in addition to any other penalty in an infraction, misdemeanor, or felony case, to impose a civil assessment of up to $300 against any defendant who fails, after notice and without good cause, to appear in court for any proceeding authorized by law, or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail, as specified. Existing law provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning notice to the defendant, and requires the court, if the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, to vacate the assessment. +This bill would instead provide that the assessment would not become effective until at least 20 calendar days after the court mails a warning notice to the defendant. The bill would provide that payment of bail, fines, penalties, fees, or a civil assessment is not required in order for the court to vacate the assessment at the time the person makes an appearance, as specified. The bill would also provide that payment of a civil assessment is not required to schedule a court hearing on a pending underlying charge. +Existing law requires a county to establish an amnesty program for fines and bail initially due on or before January 1, 2013, for Vehicle Code infractions to be conducted in accordance with guidelines adopted by the Judicial Council. Existing law requires the program to accept payments from October 1, 2015, to March 31, 2017, inclusive. Eligibility criteria for the program include, among other things, that the person is not currently making payments to a comprehensive collection program for fines or bail already due, as specified. +This bill would revise that criterion to make a person eligible for the program if he or she has not made any payments after September 30, 2015, to a comprehensive collection program for fines or bail already due. The bill would authorize the Judicial Council to consider, adopt, or develop recommendations for an appropriate mechanism to allow reinstatement of the driving privileges of a person who otherwise meets the criteria for amnesty but who has violations in more than one county. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 1214.1 of the Penal Code, and to amend Section 42008.8 of the Vehicle Code, relating to crimes, and declaring the urgency thereof, to take effect immediately." +113,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12945.2 of the Government Code is amended to read: +12945.2. +(a) Except as provided in subdivision (b), it is an unlawful employment practice for an employer to refuse to grant a request by any employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period, to take up to a total of 12 workweeks in any 12-month period for family care and medical leave. Family care and medical leave requested pursuant to this subdivision shall not be deemed to have been granted unless the employer provides the employee, upon granting the leave request, a guarantee of employment in the same or a comparable position upon the termination of the leave. The commission shall adopt a regulation specifying the elements of a reasonable request. +(b) Notwithstanding subdivision (a), it shall not be an unlawful employment practice for an employer to refuse to grant a request for family care and medical leave by an employee if the employer employs fewer than 50 employees within 75 miles of the worksite where that employee is employed. +(c) For purposes of this section: +(1) “Child” means a biological, adopted, or foster son or daughter, a stepchild, a legal ward, a son or daughter of a domestic partner, or a person to whom the employee stands in loco parentis. +(2) “Employer” means either of the following: +(A) Any person who directly employs 50 or more persons to perform services for a wage or salary. +(B) The state, and any political or civil subdivision of the state and cities. +(3) “Family care and medical leave” means any of the following: +(A) Leave for reason of the birth of a child of the employee or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. +(B) Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition. +(C) Leave because of an employee’s own serious health condition that makes the employee unable to perform the functions of the position of that employee, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions. +(4) “Employment in the same or a comparable position” means employment in a position that has the same or similar duties and pay that can be performed at the same or similar geographic location as the position held prior to the leave. +(5) “FMLA” means the federal Family and Medical Leave Act of 1993 (Public Law 103-3; 29 U.S.C. Sec. 2601 et seq.). +(6) “Health care provider” means any of the following: +(A) An individual holding either a physician’s and surgeon’s certificate issued pursuant to Article 4 (commencing with Section 2080) of Chapter 5 of Division 2 of the Business and Professions Code, an osteopathic physician’s and surgeon’s certificate issued pursuant to Article 4.5 (commencing with Section 2099.5) of Chapter 5 of Division 2 of the Business and Professions Code, or an individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, who directly treats or supervises the treatment of the serious health condition. +(B) Any other person determined by the United States Secretary of Labor to be capable of providing health care services under the FMLA. +(7) “Parent” means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. +(8) “Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves either of the following: +(A) Inpatient care in a hospital, hospice, or residential health care facility. +(B) Continuing treatment or continuing supervision by a health care provider. +(d) An employer shall not be required to pay an employee for any leave taken pursuant to subdivision (a), except as required by subdivision (e). +(e) An employee taking a leave permitted by subdivision (a) may elect, or an employer may require the employee, to substitute, for leave allowed under subdivision (a), any of the employee’s accrued vacation leave or other accrued time off during this period or any other paid or unpaid time off negotiated with the employer. If an employee takes a leave because of the employee’s own serious health condition, the employee may also elect, or the employer may also require the employee, to substitute accrued sick leave during the period of the leave. However, an employee shall not use sick leave during a period of leave in connection with the birth, adoption, or foster care of a child, or to care for a child, parent, or spouse with a serious health condition, unless mutually agreed to by the employer and the employee. +(f) (1) During any period that an eligible employee takes leave pursuant to subdivision (a) or takes leave that qualifies as leave taken under the FMLA, the employer shall maintain and pay for coverage under a “group health plan,” as defined in Section 5000(b)(1) of the Internal Revenue Code, for the duration of the leave, not to exceed 12 workweeks in a 12-month period, commencing on the date leave taken under the FMLA commences, at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. Nothing in the preceding sentence shall preclude an employer from maintaining and paying for coverage under a “group health plan” beyond 12 workweeks. An employer may recover the premium that the employer paid as required by this subdivision for maintaining coverage for the employee under the group health plan if both of the following conditions occur: +(A) The employee fails to return from leave after the period of leave to which the employee is entitled has expired. +(B) The employee’s failure to return from leave is for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave under subdivision (a) or other circumstances beyond the control of the employee. +(2) (A) Any employee taking leave pursuant to subdivision (a) shall continue to be entitled to participate in employee health plans for any period during which coverage is not provided by the employer under paragraph (1), employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, pension and retirement plans, and supplemental unemployment benefit plans to the same extent and under the same conditions as apply to an unpaid leave taken for any purpose other than those described in subdivision (a). In the absence of these conditions an employee shall continue to be entitled to participate in these plans and, in the case of health and welfare employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, or other similar plans, the employer at his or her discretion, may require the employee to pay premiums, at the group rate, during the period of leave not covered by any accrued vacation leave, or other accrued time off, or any other paid or unpaid time off negotiated with the employer, as a condition of continued coverage during the leave period. However, the nonpayment of premiums by an employee shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan. +(B) For purposes of pension and retirement plans, an employer shall not be required to make plan payments for an employee during the leave period, and the leave period shall not be required to be counted for purposes of time accrued under the plan. However, an employee covered by a pension plan may continue to make contributions in accordance with the terms of the plan during the period of the leave. +(g) During a family care and medical leave period, the employee shall retain employee status with the employer, and the leave shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan. An employee returning from leave shall return with no less seniority than the employee had when the leave commenced, for purposes of layoff, recall, promotion, job assignment, and seniority-related benefits such as vacation. +(h) If the employee’s need for a leave pursuant to this section is foreseeable, the employee shall provide the employer with reasonable advance notice of the need for the leave. +(i) If the employee’s need for leave pursuant to this section is foreseeable due to a planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment or supervision to avoid disruption to the operations of the employer, subject to the approval of the health care provider of the individual requiring the treatment or supervision. +(j) (1) An employer may require that an employee’s request for leave to care for a child, a spouse, or a parent who has a serious health condition be supported by a certification issued by the health care provider of the individual requiring care. That certification shall be sufficient if it includes all of the following: +(A) The date on which the serious health condition commenced. +(B) The probable duration of the condition. +(C) An estimate of the amount of time that the health care provider believes the employee needs to care for the individual requiring the care. +(D) A statement that the serious health condition warrants the participation of a family member to provide care during a period of the treatment or supervision of the individual requiring care. +(2) Upon expiration of the time estimated by the health care provider in subparagraph (C) of paragraph (1), the employer may require the employee to obtain recertification, in accordance with the procedure provided in paragraph (1), if additional leave is required. +(k) (1) An employer may require that an employee’s request for leave because of the employee’s own serious health condition be supported by a certification issued by his or her health care provider. That certification shall be sufficient if it includes all of the following: +(A) The date on which the serious health condition commenced. +(B) The probable duration of the condition. +(C) A statement that, due to the serious health condition, the employee is unable to perform the function of his or her position. +(2) The employer may require that the employee obtain subsequent recertification regarding the employee’s serious health condition on a reasonable basis, in accordance with the procedure provided in paragraph (1), if additional leave is required. +(3) (A) In any case in which the employer has reason to doubt the validity of the certification provided pursuant to this section, the employer may require, at the employer’s expense, that the employee obtain the opinion of a second health care provider, designated or approved by the employer, concerning any information certified under paragraph (1). +(B) The health care provider designated or approved under subparagraph (A) shall not be employed on a regular basis by the employer. +(C) In any case in which the second opinion described in subparagraph (A) differs from the opinion in the original certification, the employer may require, at the employer’s expense, that the employee obtain the opinion of a third health care provider, designated or approved jointly by the employer and the employee, concerning the information certified under paragraph (1). +(D) The opinion of the third health care provider concerning the information certified under paragraph (1) shall be considered to be final and shall be binding on the employer and the employee. +(4) As a condition of an employee’s return from leave taken because of the employee’s own serious health condition, the employer may have a uniformly applied practice or policy that requires the employee to obtain certification from his or her health care provider that the employee is able to resume work. Nothing in this paragraph shall supersede a valid collective bargaining agreement that governs the return to work of that employee. +(l) It shall be an unlawful employment practice for an employer to refuse to hire, or to discharge, fine, suspend, expel, or discriminate against, any individual because of any of the following: +(1) An individual’s exercise of the right to family care and medical leave provided by subdivision (a). +(2) An individual’s giving information or testimony as to his or her own family care and medical leave, or another person’s family care and medical leave, in any inquiry or proceeding related to rights guaranteed under this section. +(m) This section shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until January 1, 1993, whichever occurs first. +(n) The amendments made to this section by Chapter 827 of the Statutes of 1993 shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until February 5, 1994, whichever occurs first. +(o) This section shall be construed as separate and distinct from Section 12945. +(p) Leave provided for pursuant to this section may be taken in one or more periods. The 12-month period during which 12 workweeks of leave may be taken under this section shall run concurrently with the 12-month period under the FMLA, and shall commence the date leave taken under the FMLA commences. +(q) (1) Notwithstanding subdivision (a), an employer may refuse to reinstate an employee returning from leave to the same or a comparable position if all of the following apply: +(A) The employee is a salaried employee who is among the highest paid 10 percent of the employer’s employees who are employed within 75 miles of the worksite at which that employee is employed. +(B) The refusal is necessary to prevent substantial and grievous economic injury to the operations of the employer. +(C) The employer notifies the employee of the intent to refuse reinstatement at the time the employer determines the refusal is necessary under subparagraph (B). +(2) In any case in which the leave has already commenced, the employer shall give the employee a reasonable opportunity to return to work following the notice prescribed by subparagraph (C). +(r) Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the FMLA, except for any leave taken under the FMLA for disability on account of pregnancy, childbirth, or related medical conditions. The aggregate amount of leave taken under this section or the FMLA, or both, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions, shall not exceed 12 workweeks in a 12-month period. An employee is entitled to take, in addition to the leave provided for under this section and the FMLA, the leave provided for in Section 12945, if the employee is otherwise qualified for that leave. +(s) It is an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.","The Moore-Brown-Roberti Family Rights Act makes it an unlawful employment practice for an employer to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 12-month period (1) to bond with a child who was born to, adopted by, or placed for foster care with, the employee, (2) to care for the employee’s parent, spouse, or child who has a serious health condition, as defined, or (3) because the employee is suffering from a serious health condition rendering him or her unable to perform the functions of the job. The act provides that if the same employer employs both parents entitled to leave under the act, the employer is not required to grant leave in connection with the birth, adoption, or foster care of a child that would allow the parents family care and medical leave totaling more than the amount specified in the act. +The act defines “child” to mean a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age or an adult dependent child. The act defines “family care and medical leave” to mean, among other things, leave for reason of the serious health condition of a child, and leave to care for a parent or a spouse who has a serious health condition. The act defines “parent” to mean a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. +This bill would make various changes to the definitions described above, thereby expanding the persons and purposes for which leave is required to be provided under the act. The bill would redefine the term “child” to include a biological, adopted, or foster son or daughter, a stepchild, a legal ward, a son or daughter of a domestic partner, or a person to whom the employee stands in loco parentis, and would remove the restriction on age or dependent status. The bill would expand the definition of leave with regard to caring for persons with a serious health condition to also include leave to care for a grandparent, grandchild, sibling, or domestic partner who has a serious health condition. The bill would include a parent-in-law in the definition of “parent.”","An act to amend Section 12945.2 of the Government Code, relating to employment." +114,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14134.5 of the Welfare and Institutions Code is amended to read: +14134.5. +All of the following provisions apply to the provision of services pursuant to subdivision (u) of Section 14132: +(a) “Comprehensive perinatal provider” means any general practice physician, family practice physician, obstetrician-gynecologist, pediatrician, certified nurse midwife, a group, any of whose members is one of the above-named providers, or any preferred provider organization or clinic enrolled in the Medi-Cal program and certified pursuant to the standards of this section. +(b) “Perinatal” means the period from the establishment of pregnancy to one month following delivery. +(c) “Comprehensive perinatal services” shall include, but not be limited to, the provision of the combination of services developed through the former Department of Health Services Obstetrical Access Pilot Program provided or coordinated by a comprehensive perinatal provider. +(d) The comprehensive perinatal provider shall schedule visits with appropriate providers and shall track the patient to verify whether services have been received. As part of the reimbursement for coordinating these services, the comprehensive perinatal provider shall ensure the provision of the following services either through the provider’s own service or through subcontracts or referrals to other providers: +(1) A psychosocial assessment and when appropriate referrals to counseling. +(2) Nutrition assessments and when appropriate referral to counseling on food supplement programs, vitamins, and breastfeeding. +(3) Health, childbirth, and parenting education. +(e) (1) Except where existing law prohibits the employment of physicians, a health care provider may employ or contract with all of the following medical and other practitioners for the purpose of providing the comprehensive services delineated in this section: +(A) Physicians, including a general practitioner, a family practice physician, a pediatrician, or an obstetrician-gynecologist. +(B) Certified nurse midwives. +(C) Licensed midwives. +(D) Nurses. +(E) Nurse practitioners. +(F) Physician assistants. +(G) Social workers. +(H) Health and childbirth educators. +(I) Registered dietitians. +(2) The department shall adopt regulations that define the qualifications of any of these practitioners who are not currently included under the regulations adopted pursuant to this chapter. Providers shall, as feasible, utilize staffing patterns that reflect the linguistic and cultural features of the populations they serve. +(f) The California Medical Assistance Program and the Maternal and Child Health Branch of the State Department of Public Health in consultation with the California Conference of Local Health Officers shall establish standards for health care providers and for services rendered pursuant to this subdivision. +(g) The department shall assist local health departments to establish a community perinatal program whose responsibilities may include certifying and monitoring providers of comprehensive perinatal services. The department shall provide the local health departments with technical assistance for the purpose of implementing the community perinatal program. The department shall, to the extent feasible, and to the extent funding for administrative costs is available, utilize local health departments in the administration of the perinatal program. If these funds are not available, the department shall use alternative means to implement the community perinatal program. +(h) (1) It is the intent of the Legislature that the department shall establish a method for reimbursement of comprehensive perinatal providers that shall include a fee for coordinating services and shall be sufficient to cover reasonable costs for the provision of comprehensive perinatal services. The department may utilize fees for service, capitated fees, or global fees to reimburse providers. However, if capitated or global fees are established, the department shall set minimum standards for the provision of services including, but not limited to, the number of prenatal visits and the amount and type of psychosocial, nutritional, and educational services patients shall receive. +(2) Notwithstanding the type of reimbursement system, the comprehensive perinatal provider shall not be financially at risk for the provision of inpatient services. The provision of inpatient services that are not related to perinatal care shall not be subject to the provisions of this section. Inpatient services related to services pursuant to this subdivision shall be reimbursed, in accordance with Section 14081, 14086, 14087, or 14087.2, whichever is applicable. +(i) The department shall develop systems for the monitoring and oversight of the comprehensive perinatal services provided in this section. The monitoring shall include, but shall not be limited to, the collection of information using the perinatal data form. +(j) Participation for services provided pursuant to this section shall be voluntary. The department shall adopt patient rights safeguards for recipients of the comprehensive perinatal services. +(k) The amendments made to this section by the act that added this subdivision shall not be construed to revise or expand the scope of practice of licensed midwives, as defined in Article 24 (commencing with Section 2505) of Chapter 5 of Division 2 of the Business and Professions Code. +(l) Notwithstanding subdivision (a), on the effective date of the regulations adopted by the Medical Board of California pursuant to Section 2507 of the Business and Professions Code, a licensed midwife shall be eligible to serve as a comprehensive perinatal provider. +SEC. 2. +The State Department of Health Care Services shall commence, no later than March 1, 2016, the revision of existing regulations as it determines are necessary for the implementation of the amendments made to Section 14134.5 of the Welfare and Institutions Code by this act, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including comprehensive perinatal services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, to the extent that federal financial participation is available, requires that midwifery services provided by a licensed midwife be covered under the Medi-Cal program. +Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensure of midwives by the Medical Board of California. Existing law authorizes a licensed midwife to assist a woman only in normal pregnancy and childbirth, which is defined as meeting specified conditions, including, among others, a pregnancy in which there is an absence of any preexisting maternal disease or condition likely to affect the pregnancy and of significant disease arising from the pregnancy. Existing law requires the board to adopt regulations further specifying those conditions. +Existing law establishes the Comprehensive Perinatal Services Program, administered by the State Department of Public Health, to maintain, to the extent resources are available, a permanent statewide community-based comprehensive perinatal system to provide care and services to low-income pregnant women and their infants who are considered underserved in terms of comprehensive perinatal care. Existing law generally authorizes a health care provider to employ or contract specified practitioners, including physicians and certified nurse midwives, for the purpose of providing comprehensive perinatal services. +This bill would additionally authorize a health care provider to employ or contract licensed midwives for the purpose of providing comprehensive perinatal services. The bill would provide that, on the effective date of the regulations adopted by the board pursuant to the provisions described above, a licensed midwife shall be eligible to serve as a “comprehensive perinatal provider,” as defined. The bill would declare that its provisions shall not be construed to revise or expand the scope of practice, as defined, of licensed midwives. The bill would require the State Department of Health Care Services to commence, no later than March 1, 2016, the revision of existing regulations as it determines are necessary for the implementation of this bill.","An act to amend Section 14134.5 of the Welfare and Institutions Code, relating to Medi-Cal." +115,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2516.5 is added to the Business and Professions Code, to read: +2516.5. +(a) As used in this section, the following definitions apply: +(1) “Midwife assistant” means a person, who may be unlicensed, who performs basic administrative, clerical, and midwife technical supportive services in accordance with this chapter for a licensed midwife or certified nurse-midwife, is at least 18 years of age, and has had at least the minimum amount of hours of appropriate training pursuant to standards established by the board for a medical assistant pursuant to Section 2069. The midwife assistant shall be issued a certificate by the training institution or instructor indicating satisfactory completion of the required training. Each employer of the midwife assistant or the midwife assistant shall retain a copy of the certificate as a record. +(2) “Midwife technical supportive services” means simple routine medical tasks and procedures that may be safely performed by a midwife assistant who has limited training and who functions under the supervision of a licensed midwife or certified nurse-midwife. +(3) “Specific authorization” means a specific written order prepared by the supervising midwife or supervising nurse-midwife authorizing the procedures to be performed on a patient, which shall be placed in the patient’s medical record, or a standing order prepared by the supervising midwife or supervising nurse-midwife authorizing the procedures to be performed. A notation of the standing order shall be placed in the patient’s medical record. +(4) “Supervision” means the supervision of procedures authorized by this section by a licensed midwife or certified nurse-midwife, within his or her scope of practice, who is physically present on the premises during the performance of those procedures. +(b) Notwithstanding any other provision of law, a midwife assistant may do all of the following: +(1) Administer medication only by intradermal, subcutaneous, or intramuscular injections and perform skin tests and additional technical support services upon the specific authorization and supervision of a licensed midwife or certified nurse-midwife. A midwife assistant may also perform all these tasks and services in a clinic licensed in accordance with subdivision (a) of Section 1204 of the Health and Safety Code upon the specific authorization of a licensed midwife or certified nurse-midwife. +(2) Perform venipuncture or skin puncture for the purposes of withdrawing blood upon specific authorization and under the supervision of a licensed midwife or certified nurse-midwife, if the midwife assistant has met the educational and training requirements for medical assistants as established in Section 2070. Each employer of the assistant shall retain a copy of any related certificates as a record. +(3) Perform the following midwife technical support services: +(A) Administer medications orally, sublingually, topically, or rectally, or by providing a single dose to a patient for immediate self-administration, and administer oxygen at the direction of the supervising licensed midwife or certified nurse-midwife. The licensed midwife or certified nurse-midwife shall verify the correct medication and dosage before the midwife assistant administers medication. +(B) Assist in immediate newborn care when the licensed midwife or certified nurse-midwife is engaged in a concurrent activity that precludes the licensed midwife or certified nurse-midwife from doing so. +(C) Assist in placement of the device used for auscultation of fetal heart tones when a licensed midwife or certified nurse-midwife is engaged in a concurrent activity that precludes the licensed midwife or certified nurse-midwife from doing so. +(D) Collect by noninvasive techniques and preserve specimens for testing, including, but not limited to, urine. +(E) Assist patients to and from a patient examination room, bed, or bathroom. +(F) Assist patients in activities of daily living, such as assisting with bathing or clothing. +(G) As authorized by the licensed midwife or certified nurse-midwife, provide patient information and instructions. +(H) Collect and record patient data, including height, weight, temperature, pulse, respiration rate, blood pressure, and basic information about the presenting and previous conditions. +(I) Perform simple laboratory and screening tests customarily performed in a medical or midwife office. +(4) Perform additional midwife technical support services under regulations and standards established by the board. +(c) (1) Nothing in this section shall be construed as authorizing the licensure of midwife assistants. Nothing in this section shall be construed as authorizing the administration of local anesthetic agents by a midwife assistant. Nothing in this section shall be construed as authorizing the board to adopt any regulations that violate the prohibitions on diagnosis or treatment in Section 2052. +(2) Nothing in this section shall be construed as authorizing a midwife assistant to perform any clinical laboratory test or examination for which he or she is not authorized under Chapter 3 (commencing with Section 1200). +(d) Notwithstanding any other law, a midwife assistant shall not be employed for inpatient care in a licensed general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Licensed Midwifery Practice Act of 1993 provides for the licensing and regulation of midwives by the Medical Board of California. The license to practice midwifery authorizes the holder to attend cases of normal childbirth and to provide prenatal, intrapartum, and postpartum care, including family planning care, for the mother, and immediate care for the newborn. The Licensed Midwifery Practice Act of 1993 requires a midwife to refer to a physician and surgeon under prescribed circumstances. A violation of the Licensed Midwifery Practice Act of 1993 is a crime. +The Nursing Practice Act provides for the licensure and regulation of the practice of nursing by the Board of Registered Nursing and authorizes the board to issue a certificate to practice nurse-midwifery to a person who meets educational standards established by the board or the equivalent of those educational standards. The Nursing Practice Act authorizes a certified nurse-midwife, under the supervision of a licensed physician and surgeon, to attend cases of normal childbirth and to provide prenatal, intrapartum, and postpartum care, including family-planning care, for the mother, and immediate care for the newborn, and provides that the practice of nurse-midwifery constitutes the furthering or undertaking by a certified person, under the supervision of a licensed physician and surgeon who has current practice or training in obstetrics, to assist a woman in childbirth so long as progress meets criteria accepted as normal. +This bill would authorize a midwife assistant to perform certain assistive activities under the supervision of a licensed midwife or certified nurse-midwife, including the administration of medicine, the withdrawing of blood, and midwife technical support services. The bill would define terms for these purposes. The bill would prohibit a midwife assistant from being employed for inpatient care in a licensed general acute care hospital. By adding new requirements and prohibitions to the Licensed Midwifery Practice Act of 1993, the violation of which would be a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 2516.5 to the Business and Professions Code, relating to healing arts." +116,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 69 of the Penal Code is amended to read: +69. +(a) Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law, or who knowingly resists, by the use of force or violence, the officer, in the performance of his or her duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment. +(b) The fact that a person takes a photograph or makes an audio or video recording of an executive officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a). +SEC. 2. +Section 148 of the Penal Code is amended to read: +148. +(a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. +(2) Except as provided by subdivision (d) of Section 653t, every person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a public safety radio frequency shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. +(b) Every person who, during the commission of any offense described in subdivision (a), removes or takes any weapon, other than a firearm, from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170. +(c) Every person who, during the commission of any offense described in subdivision (a), removes or takes a firearm from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. +(d) Except as provided in subdivision (c) and notwithstanding subdivision (a) of Section 489, every person who removes or takes without intent to permanently deprive, or who attempts to remove or take a firearm from the person of, or immediate presence of, a public officer or peace officer, while the officer is engaged in the performance of his or her lawful duties, shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170. +In order to prove a violation of this subdivision, the prosecution shall establish that the defendant had the specific intent to remove or take the firearm by demonstrating that any of the following direct, but ineffectual, acts occurred: +(1) The officer’s holster strap was unfastened by the defendant. +(2) The firearm was partially removed from the officer’s holster by the defendant. +(3) The firearm safety was released by the defendant. +(4) An independent witness corroborates that the defendant stated that he or she intended to remove the firearm and the defendant actually touched the firearm. +(5) An independent witness corroborates that the defendant actually had his or her hand on the firearm and tried to take the firearm away from the officer who was holding it. +(6) The defendant’s fingerprint was found on the firearm or holster. +(7) Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm. +(8) In the course of any struggle, the officer’s firearm fell and the defendant attempted to pick it up. +(e) A person shall not be convicted of a violation of subdivision (a) in addition to a conviction of a violation of subdivision (b), (c), or (d) when the resistance, delay, or obstruction, and the removal or taking of the weapon or firearm or attempt thereof, was committed against the same public officer, peace officer, or emergency medical technician. A person may be convicted of multiple violations of this section if more than one public officer, peace officer, or emergency medical technician are victims. +(f) This section shall not apply if the public officer, peace officer, or emergency medical technician is disarmed while engaged in a criminal act. +(g) The fact that a person takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a), nor does it constitute reasonable suspicion to detain the person or probable cause to arrest the person.","Under existing law, every person who deters or prevents an executive officer from performing any of his or her duties, or knowingly resists the officer, is punishable by a fine or imprisonment, or both, as specified. +This bill would provide that the fact that a person takes a photograph or makes an audio or video recording of an executive officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, is not, in and of itself, a violation of the above-mentioned provision. +Under existing law, every person who willfully resists, delays, or obstructs any public officer, peace officer, or emergency medical technician in the discharge or attempt to discharge any of his or her duties shall be punished by a fine or imprisonment, or both, as specified. +This bill would provide that the fact that a person takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, is not, in and of itself, a violation of the above-mentioned provision, nor does it constitute reasonable suspicion to detain the person or probable cause to arrest the person.","An act to amend Sections 69 and 148 of the Penal Code, relating to crimes." +117,"The people of the State of California do enact as follows: + + +SECTION 1. +Part 40.2 (commencing with Section 67430) is added to Division 5 of Title 3 of the Education Code, to read: +PART 40.2. THE CALIFORNIA PROMISE +67430. +This part shall be known, and may be cited, as the California Promise. +67431. +For purposes of this part, the following terms have the following meanings: +(a) “Academic year of the student’s first year of enrollment” means the first full academic year in which a person is a student at the California State University. +(b) “Campus” means a campus within the California State University system as set forth in Section 89001. +(c) “Transfer student” is a student who earned an associate degree for transfer from a California community college. +(d) “Trustees” means the Trustees of the California State University. +67432. +The California Promise is hereby established to support California State University students in earning a baccalaureate degree within four academic years of the student’s first year of enrollment or, for transfer students within two academic years of the student’s first year of enrollment to the campus. +67433. +The Legislature finds and declares all of the following: +(a) A more concerted, statewide effort to create pathways to four-year graduation is needed at the California State University. For the 2010 cohort of full-time, first-time students at the California State University, 19 percent graduated within four academic years. According to the Legislative Analyst’s Office, the most recent nationally comparable data shows that the California State University’s overall four-year graduation rate was 16 percent in 2011, below the national rate of 26 percent among similar public institutions. +(b) Impediments students face in graduating within four academic years include the inability to complete sufficient units per academic year or take courses that are part of their degree programs. +(c) New approaches are critical for the future of higher education in California. Efforts have been ongoing, though sporadic, to improve postsecondary educational institution enrollment and graduation. These efforts will need to be intensified and made more broadly systemic. +(d) Students who graduate within four academic years save tens of thousands of dollars. In addition to the direct costs of extended college and university enrollment, students miss out on earnings in the workforce while they remain in school. +(e) According to the Public Policy Institute of California, if bold measures are not taken, California will fall short of the state’s economic demand by 1.1 million college and university graduates by 2030. An increased demand for highly educated workers will outweigh the number of qualified applicants for available jobs, which will be exacerbated when scores of highly educated baby boomers retire. The share of workers with a baccalaureate degree will be 33 percent in 2030, below the 38 percent that will be needed. +(f) The impact of graduation rates from California State University campuses is felt not only throughout the state, but also the nation. One out of every 10 California employees is a California State University graduate, while one out of every 20 United States citizens with a college or university degree graduates from a campus of the California State University. These statistics emphasize the national importance of graduation rates at California State University campuses. +(g) It is the intent of the Legislature that the California State University system include the California Promise as a component of the plan submitted to the Legislature and the Department of Finance to increase graduation rates at CSU campuses above those at other institutions and increase graduation rates for low-income students, first-generation students, and students from underrepresented minority groups as quickly as possible. +(h) The California Promise programs established at the California State University in accordance with this part should aim to reflect the demographics of their respective campuses and make the benefits provided available on an equitable basis considering the populations attending each campus. +67434. +(a) The trustees shall develop and implement a California Promise program that complies with this part. +(b) Commencing with the 2017–18 academic year, a minimum of eight campuses shall have established a California Promise program by which the campus enters into a pledge with a qualifying student who is enrolled at the campus and who is not a transfer student to support the student in earning a baccalaureate degree within four academic years of the academic year of the student’s first year of enrollment. +(c) Commencing with the 2017–18 academic year, a minimum of 15 campuses shall have established a California Promise program by which the campus enters into a pledge with a qualifying transfer student to support the student in earning a baccalaureate degree program within two academic years of the student’s first year of enrollment to the campus, as applicable. +(d) Commencing with the 2018–19 academic year, a minimum of 20 campuses shall have established a California Promise program by which the campus enters into a pledge with a qualifying transfer student to support the student in earning a baccalaureate degree within two academic years of the student’s first year of enrollment to the campus, as applicable. +(e)To be a qualifying entering student or transfer student at the California State University, the student must comply with both of the following: +(1) Be a California resident for purposes of in-state tuition eligibility. +(2) Commit to completing at least 30 semester units or the quarter equivalent per academic year. Units completed by the student during a summer term may count towards the previous or following academic year as determined by the trustees. +(f) Each College Promise program shall be reviewed by a graduation initiative advisory committee of the campus or a committee with similar functions designated by the president of the campus. +(g) (1) A campus shall guarantee participation in the program to, at a minimum, any student who is any of the following: +(A) A low-income student. For purposes of this section, “low-income student” shall have the same meaning as specified in Section 89295. +(B) A student who has graduated from a high school located in a community that is underrepresented in college attendance. +(C) A student who is a first-generation college student. +(D) A transfer student. +(2) It is the intent of the Legislature that the California Promise program at each campus accommodate as many students into the program as feasible and in consideration of available funding. +(h) Support provided by a California State University campus to a student who participates in the California Promise program shall include, but not necessarily be limited to, both of the following: +(1) (A) Priority registration in coursework. +(B) For purposes of this paragraph, a student shall not receive priority registration in coursework under the program if he or she qualifies for priority registration under another policy or program, as determined by the campus or the Office of the Chancellor of the California State University. +(C) A graduation initiative advisory committee of the campus, or a committee with similar functions designated by the president of the campus, shall consider pre-existing priority registration policies when implementing this section. +(2) Academic advisement that includes monitoring the student’s academic progress. +(i) (1) The trustees shall develop application criteria, administrative guidelines, and additional requirements, including how campuses will measure student success, for purposes of implementing and administering the California Promise program. +(2) As a condition of continued participation in a California Promise program, a student may be required to demonstrate both of the following: +(A) Completion of at least 30 semester units, or the quarter equivalent, in each prior academic year. +(B) Attainment of a grade point average in excess of a standard established by the campus. +(3) In implementing this part, the trustees shall take into consideration the report on graduation rates required pursuant to Item 6610-001-0001 of Section 2.00 of the Budget Act of 2016. +(j) (1) The trustees shall submit a report to the appropriate policy and fiscal committees of the Legislature by July 1, 2021, that includes all of the following: +(A) The number of students participating in the program in total, by campus, and disaggregated based on the following: +(i) Whether the student entered as a first-time freshman or a transfer student. +(ii) Whether the student is a first-generation college student. +(iii) Whether the student is a recipient of financial aid under the Federal Pell Grant Program (20 U.S.C. Sec. 1070a) or the Cal Grant Program established in Chapter 1.7 (commencing with Section 69430) of Part 42. +(iv) According to the student’s ethnicity. +(B) The total number of students who graduated in four academic years for students who entered as first-time freshmen, and two academic years, for students who entered as transfer students, in total, by campus, and disaggregated based on the characteristics identified in clauses (i) to (iv), inclusive, or subparagraph (A). +(2) The report required by paragraph (1) shall include a summary description of significant differences in the implementation of the California Promise program at each campus. +(k) The trustees shall submit recommendations to the appropriate policy and fiscal committees of the Legislature by March 15, 2017, regarding potential financial incentives that could benefit students who participate in the California Promise program. +(l) A student who successfully completes his or her associate degree for transfer at a community college shall be guaranteed participation in the California Promise program at the California State University transfer campus, if established. +(m) The trustees shall make every effort to close the achievement gap and encourage broad participation in a California Promise program that reflects the demographic populations served by the campus. +67435. +This part shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date.","Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as 2 of the segments of public postsecondary education in this state. +This bill would establish the California Promise, which would require specified minimum numbers of campuses of the California State University to establish a California Promise program by which the campus would enter into a pledge with a student who satisfies specified criteria to support the student in earning a baccalaureate degree within 4 academic years, or if the student is a community college transfer student who earned an associate degree for transfer, within 2 academic years, of the academic year of the student’s first year of enrollment, as specified. The bill would require the trustees to submit, by July 1, 2021, a report to the appropriate policy and fiscal committees of the Legislature that includes specified information about students who participate in the program and a summary description of significant differences in implementation of the program by campuses. The bill would require the trustees to submit recommendations, by March 15, 2017, to the appropriate policy and fiscal committees of the Legislature regarding potential financial incentives that could benefit students who participate in the program. The bill’s provisions would be repealed as of January 1, 2026.","An act to add and repeal Part 40.2 (commencing with Section 67430) of Division 5 of Title 3 of the Education Code, relating to public postsecondary education." +118,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 8670.11 is added to the Government Code, to read: +8670.11. +In addition to Section 8670.10, the administrator, in cooperation with the United States Coast Guard, shall establish a schedule of drills and exercises required pursuant to Section 155.4052 of Title 33 of the Code of Federal Regulations. The administrator shall make publicly available the established schedule. +SEC. 2. +Section 8670.12 of the Government Code is amended to read: +8670.12. +(a) The administrator shall conduct studies and evaluations necessary for improving oil spill response, containment, and cleanup and oil spill wildlife rehabilitation in waters of the state and oil transportation systems. The administrator may expend moneys from the Oil Spill Prevention and Administration Fund created pursuant to Section 8670.38, enter into consultation agreements, and acquire necessary equipment and services for the purpose of carrying out these studies and evaluations. +(b) The administrator shall, consulting current peer-reviewed published scientific literature, study the use and effects of dispersants, incineration, bioremediation, and any other methods used to respond to a spill and, by May 1, 2016, request that the federal California Dispersant Plan be updated pursuant to subdivision (d). The study shall periodically be updated by the administrator, consulting current peer-reviewed published scientific literature, to ensure the best achievable protection from the use of those methods. Based upon substantial evidence in the record, the administrator may determine in individual cases that best achievable protection is provided by establishing requirements that provide the greatest degree of protection achievable without imposing costs that significantly outweigh the incremental protection that would otherwise be provided. The studies shall do all of the following: +(1) Evaluate the effectiveness of dispersants and other chemical, bioremediation, and biological agents in oil spill response under varying environmental conditions. +(2) Evaluate potential adverse impacts on the environment and public health including, but not limited to, adverse toxic impacts on water quality, fisheries, and wildlife with consideration to bioaccumulation and synergistic impacts, and the potential for human exposure, including skin contact and consumption of contaminated seafood. +(3) Recommend appropriate uses and limitations on the use of dispersants and other chemical, bioremediation, and biological agents to ensure they are used only in situations where the administrator determines they are effective and safe. +(c) The studies shall be performed with consideration of current peer-reviewed published scientific literature and any studies performed by federal, state, and international entities. The administrator may enter into contracts for the studies. +(d) The administrator shall support the federal Regional Response Team, as described in Section 300.115 of Title 40 of the Code of Federal Regulations, in the development, and shall request regular updates, of plans and procedures for use of dispersants and other chemical agents in California. The administrator’s assistance may include, but is not limited to, providing the federal Regional Response Team with current peer-reviewed published scientific literature, and risk and consequence analysis. +SEC. 3. +Section 8670.13 of the Government Code is amended to read: +8670.13. +(a) The administrator shall periodically evaluate the feasibility of requiring new technologies to aid prevention, response, containment, cleanup, and wildlife rehabilitation. +(b) (1) On or before January 1, 2017, the administrator shall submit a report to the Legislature, pursuant to Section 9795, assessing the best achievable technology of equipment for oil spill prevention, preparedness, and response. +(2) The report shall evaluate studies of estimated recovery system potential as a methodology for rating equipment in comparison to effective daily recovery capacity. +(3) Pursuant to Section 10231.5, this subdivision is inoperative on July 1, 2020. +(c) (1) Including, but not limited to, the report prepared pursuant to subdivision (b), the administrator shall update regulations governing the adequacy of oil spill contingency plans for best achievable technologies for oil spill prevention and response no later than July 1, 2018. +(2) The updated regulations shall enhance the capabilities for prevention, response, containment, cleanup, and wildlife rehabilitation. +(d) (1) The administrator shall direct the Harbor Safety Committees, established pursuant to Section 8670.23, to assess the presence and capability of tugs within their respective geographic areas of responsibility to provide emergency towing of tank vessels and nontank vessels to arrest their drift or otherwise guide emergency transit. +(2) The assessments for harbors in the San Francisco Bay area and in Los Angeles-Long Beach area shall be initiated by May 1, 2016. The assessments for the other harbors shall be initiated by January 1, 2020. +(3) The assessment shall consider, but not be limited to, data from available United States Coast Guard Vessel Traffic Systems, relevant incident and accident data, any relevant simulation models, and identification of any transit areas where risks are higher. +(4) The assessment shall consider the condition of tank and nontank vessels calling on harbors, including the United States Coast Guard’s marine inspection program and port state control program regarding risks due to a vessel’s hull or engineering material deficiencies, or inadequate crew training and professionalism. +SEC. 4. +Section 8670.13.3 is added to the Government Code, to read: +8670.13.3. +If dispersants are used in response to an oil spill in state waters, the administrator shall provide written notification of their use to the Legislature within three days of the use. The administrator shall provide the Legislature with written justification of their use, including copies of key supporting documentation used by the federal on-scene coordinator and the federal Regional Response Team as soon as those material are released. Within two months of the use of dispersants in state waters, the administrator shall also provide a report to the Legislature on the effectiveness of the dispersants used, including, but not limited to, results of any available monitoring data to determine whether the dispersant use resulted in overall environmental benefit or harm. The written notification, justification, and report shall be submitted pursuant to Section 9795. +SEC. 5. +Section 8670.28 of the Government Code is amended to read: +8670.28. +(a) The administrator, taking into consideration the facility or vessel contingency plan requirements of the State Lands Commission, the Office of the State Fire Marshal, the California Coastal Commission, and other state and federal agencies, shall adopt and implement regulations governing the adequacy of oil spill contingency plans to be prepared and implemented under this article. All regulations shall be developed in consultation with the Oil Spill Technical Advisory Committee, and shall be consistent with the California oil spill contingency plan and not in conflict with the National Contingency Plan. The regulations shall provide for the best achievable protection of waters and natural resources of the state. The regulations shall permit the development, application, and use of an oil spill contingency plan for similar vessels, pipelines, terminals, and facilities within a single company or organization, and across companies and organizations. The regulations shall, at a minimum, ensure all of the following: +(1) All areas of state waters are at all times protected by prevention, response, containment, and cleanup equipment and operations. +(2) Standards set for response, containment, and cleanup equipment and operations are maintained and regularly improved to protect the resources of the state. +(3) All appropriate personnel employed by operators required to have a contingency plan receive training in oil spill response and cleanup equipment usage and operations. +(4) Each oil spill contingency plan provides for appropriate financial or contractual arrangements for all necessary equipment and services for the response, containment, and cleanup of a reasonable worst case oil spill scenario for each area the plan addresses. +(5) Each oil spill contingency plan demonstrates that all protection measures are being taken to reduce the possibility of an oil spill occurring as a result of the operation of the facility or vessel. The protection measures shall include, but not be limited to, response to disabled vessels and an identification of those measures taken to comply with requirements of Division 7.8 (commencing with Section 8750) of the Public Resources Code. +(6) Each oil spill contingency plan identifies the types of equipment that can be used, the location of the equipment, and the time taken to deliver the equipment. +(7) Each facility, as determined by the administrator, conducts a hazard and operability study to identify the hazards associated with the operation of the facility, including the use of the facility by vessels, due to operating error, equipment failure, and external events. For the hazards identified in the hazard and operability studies, the facility shall conduct an offsite consequence analysis that, for the most likely hazards, assumes pessimistic water and air dispersion and other adverse environmental conditions. +(8) Each oil spill contingency plan contains a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. +(9) Each oil spill contingency plan identifies the measures to be taken to protect the recreational and environmentally sensitive areas that would be threatened by a reasonable worst case oil spill scenario. +(10) Standards for determining a reasonable worst case oil spill. However, for a nontank vessel, the reasonable worst case is a spill of the total volume of the largest fuel tank on the nontank vessel. +(11) Each oil spill contingency plan specifies an agent for service of process. The agent shall be located in this state. +(b) The regulations and guidelines adopted pursuant to this section shall also include provisions to provide public review and comment on submitted oil spill contingency plans. +(c) The regulations adopted pursuant to this section shall specifically address the types of equipment that will be necessary, the maximum time that will be allowed for deployment, the maximum distance to cooperating response entities, the amounts of dispersant, and the maximum time required for application, should the use of dispersants be approved. Upon a determination by the administrator that booming is appropriate at the site and necessary to provide best achievable protection, the regulations shall require that vessels engaged in lightering operations be boomed prior to the commencement of operations. +(d) The administrator shall adopt regulations and guidelines for oil spill contingency plans with regard to mobile transfer units, small marine fueling facilities, and vessels carrying oil as secondary cargo that acknowledge the reduced risk of damage from oil spills from those units, facilities, and vessels while maintaining the best achievable protection for the public health and safety and the environment. +SEC. 6. +Section 8670.55.1 is added to the Government Code, to read: +8670.55.1. +(a) The committee shall convene a taskforce, including appropriate state and federal governmental representatives, nongovernmental organizations, oil spill response organizations, and commercial fishing and other potential vessels of opportunity, to evaluate and make recommendations regarding the feasibility of using vessels of opportunity for oil spill response in marine waters. The evaluation shall examine the following: +(1) Appropriate functions of vessels of opportunity during an oil spill. +(2) Appropriate management of a vessels of opportunity spill response program. +(3) Vessels of opportunity equipment, training, and technology needs. +(4) Liability and insurance. +(5) Compensation. +(b) As part of the evaluation, the taskforce shall hold two public meetings, one in southern California and one in northern California, prior to making final recommendations. +(c) (1) On or before January 1, 2017, the committee shall provide to the administrator and to the Legislature final recommendations on whether vessels of opportunity should be included in oil spill response planning. +(2) The recommendations provided to the Legislature shall be provided pursuant to Section 9795. +(d) If appropriate, the administrator, by January 1, 2018, shall update regulations to provide for inclusion of vessels of opportunity in the oil spill prevention, response, and preparedness program. +SEC. 7. +Section 8670.67.5 of the Government Code is amended to read: +8670.67.5. +(a) Regardless of intent or negligence, any person who causes or permits a spill shall be strictly liable civilly in accordance with subdivision (b) or (c). +(b) A penalty may be administratively imposed by the administrator in accordance with Section 8670.68 in an amount not to exceed twenty dollars ($20) per gallon for a spill. +(c) Whenever the release of oil resulted from gross negligence or reckless conduct, the administrator shall, in accordance with Section 8670.68, impose a penalty in an amount not to exceed sixty dollars ($60) per gallon for a spill.","(1) The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness, and oil spill containment and cleanup. The act authorizes the administrator to use volunteer workers in response, containment, restoration, wildlife rehabilitation, and cleanup efforts for oil spills in waters of the state. Existing law requires the administrator to evaluate the feasibility of using commercial fishermen and other mariners for oil spill containment and cleanup. +This bill would require the administrator, in cooperation with the United States Coast Guard, to establish a schedule of drills and exercises that are required under the federal Salvage and Marine Firefighting regulations. The bill would require the administrator, on or before January 1, 2017, to submit to the Legislature a report assessing the best achievable technology of equipment for oil spill prevention, preparedness, and response and to update regulations governing the adequacy of oil spill contingency plans before July 1, 2018. The bill would require the administrator to direct the Harbor Safety Committees for various regions to assess, among other things, the presence and capability of tugs within their respective regions of responsibility to provide emergency towing of tank and nontank vessels to arrest their drift or guide emergency transit. +(2) The act requires the administrator to study the use and effects of methods used to respond to oil spills and to periodically update the study to ensure the best achievable protection from the use of those methods. +This bill would require the administrator, in conducting the study and updates, to consult current peer-reviewed published scientific literature. The bill would require the administrator, by May 1, 2016, to request that the federal California Dispersant Plan be updated, as provided, and to provide support and assistance in that regard. +(3) The act requires the administrator to license oil spill cleanup agents for use in response to oil spills. +This bill would require the administrator, if dispersants are used in response to an oil spill, to submit to the Legislature a written notification of, and a written justification for, the use of dispersants and a report on the effectiveness of the dispersants used, as provided. +(4) Existing law establishes the Oil Spill Technical Advisory Committee and requires the committee to provide recommendations to, among other entities, the administrator on the implementation of the act. +This bill would require the committee to convene a taskforce to evaluate the feasibility of using vessels of opportunity for oil spill response. The bill would require the taskforce to provide recommendations to the administrator and the Legislature on whether vessels of opportunity should be included in oil spill response planning. +(5) The act makes a person who causes or permits a spill or inland spill strictly liable for specified penalties for the spill on a per-gallon-released basis. The act provides that the amount of penalty is reduced by the amount of released oil that is recovered and properly disposed of. +This bill would eliminate that reduction in the penalty by the amount of oil recovered and properly disposed of.","An act to amend Sections 8670.12, 8670.13, 8670.28, and 8670.67.5 of, and to add Sections 8670.11, 8670.13.3, and 8670.55.1 to, the Government Code, relating to oil spill response." +119,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 798.70 of the Civil Code is amended to read: +798.70. +(a) A homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person, may advertise the sale or exchange of his or her mobilehome, or, if not prohibited by the terms of an agreement with the management, may advertise the rental of his or her mobilehome, by displaying a sign in the window of the mobilehome, or by a sign posted on the side of the mobilehome facing the street, or by a sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. Any such person also may display a sign conforming to these requirements indicating that the mobilehome is on display for an “open house,” unless the park rules prohibit the display of an open house sign. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent and the sign face shall not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome pursuant to this section may be of an H-frame or A-frame design with the sign face perpendicular to, but not extending into, the street. Homeowners may attach to the sign or their mobilehome tubes or holders for leaflets which provide information on the mobilehome for sale, exchange, or rent. +(b) This section shall remain in effect only until July 1, 2016, and as of that date is repealed. +SEC. 2. +Section 798.70 is added to the Civil Code, to read: +798.70. +(a) A homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person, may advertise the sale or exchange of his or her mobilehome, or, if not prohibited by the terms of an agreement with the management, may advertise the rental of his or her mobilehome, by displaying one sign in the window of the mobilehome, or by one sign posted on the side of the mobilehome facing the street, or by one sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. Any such person also may display one sign conforming to these requirements indicating that the mobilehome is on display for an “open house,” if allowed by the park. The park may allow open houses and may establish reasonable rules or regulations governing how an open house may be conducted, including rules regarding the number of houses allowed to be open at one time, hours, and parking. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent and the sign face shall not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome pursuant to this section may be of an H-frame, A-frame, L-frame, or generally accepted yard-arm type design with the sign face perpendicular to, but not extending into, the street. Management may require the use of a step-in L-frame sign. Homeowners may attach to the sign or their mobilehome tubes or holders for leaflets that provide information on the mobilehome for sale, exchange, or rent. +(b) This section shall become operative on July 1, 2016. +SEC. 3. +Section 798.71 of the Civil Code is amended to read: +798.71. +(a) (1) The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owner’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing. +(2) Management may require that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale. If management requires that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale, failure to comply with this requirement does not invalidate a transfer. +(b) The management shall prohibit neither the listing nor the sale of a manufactured home or mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, or the agent of any such person other than the management. +(c) The management shall not require the selling homeowner, or an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, to authorize the management or any other specified broker, dealer, or person to act as the agent in the sale of a manufactured home or mobilehome as a condition of resale of the home in the park or of management’s approval of the buyer or prospective homeowner for residency in the park. +(d) The management shall not require a homeowner, who is replacing a mobilehome or manufactured home on a space in the park, in which he or she resides, to use a specific broker, dealer, or other person as an agent in the purchase of or installation of the replacement home. +(e) Nothing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers. +(f) This section shall remain in effect only until July 1, 2016, and as of that date is repealed. +SEC. 4. +Section 798.71 is added to the Civil Code, to read: +798.71. +(a) (1) The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owner’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing. +(2) Management may require that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale. If management requires that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale, failure to comply with this requirement does not invalidate a transfer. +(b) The management shall prohibit neither the listing nor the sale of a manufactured home or mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, or the agent of any such person other than the management. For purposes of this section, “listing” includes advertising the address of the home to the general public. +(c) The management shall not require the selling homeowner, or an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, to authorize the management or any other specified broker, dealer, or person to act as the agent in the sale of a manufactured home or mobilehome as a condition of resale of the home in the park or of management’s approval of the buyer or prospective homeowner for residency in the park. +(d) The management shall not require a homeowner, who is replacing a mobilehome or manufactured home on a space in the park, in which he or she resides, to use a specific broker, dealer, or other person as an agent in the purchase of or installation of the replacement home. +(e) Nothing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers. +(f) This section shall become operative on July 1, 2016. +SEC. 5. +Section 798.74 of the Civil Code is amended to read: +798.74. +(a) The management may require the right of prior approval of a purchaser of a mobilehome that will remain in the park and that the selling homeowner or his or her agent give notice of the sale to the management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the rent and charges of the park unless the management reasonably determines that, based on the purchaser’s prior tenancies, he or she will not comply with the rules and regulations of the park. In determining whether the purchaser has the financial ability to pay the rent and charges of the park, the management shall not require the purchaser to submit copies of any personal income tax returns in order to obtain approval for residency in the park. However, management may require the purchaser to document the amount and source of his or her gross monthly income or means of financial support. +Upon request of any prospective homeowner who proposes to purchase a mobilehome that will remain in the park, management shall inform that person of the information management will require in order to determine if the person will be acceptable as a homeowner in the park. +Within 15 business days of receiving all of the information requested from the prospective homeowner, the management shall notify the seller and the prospective homeowner, in writing, of either acceptance or rejection of the application, and the reason if rejected. During this 15-day period the prospective homeowner shall comply with the management’s request, if any, for a personal interview. If the approval of a prospective homeowner is withheld for any reason other than those stated in this article, the management or owner may be held liable for all damages proximately resulting therefrom. +(b) If the management collects a fee or charge from a prospective purchaser of a mobilehome in order to obtain a financial report or credit rating, the full amount of the fee or charge shall be credited toward payment of the first month’s rent for that mobilehome purchaser. If, for whatever reason, the prospective purchaser is rejected by the management, the management shall refund to the prospective purchaser the full amount of that fee or charge within 30 days from the date of rejection. If the prospective purchaser is approved by the management, but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the management may retain the fee, or a portion thereof, to defray its administrative costs under this section. +(c) This section shall remain in effect only until July 1, 2016, and as of that date is repealed. +SEC. 6. +Section 798.74 is added to the Civil Code, to read: +798.74. +(a) The management may require the right of prior approval of a purchaser of a mobilehome that will remain in the park and that the selling homeowner or his or her agent give notice of the sale to the management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the rent and charges of the park unless the management reasonably determines that, based on the purchaser’s prior tenancies, he or she will not comply with the rules and regulations of the park. In determining whether the purchaser has the financial ability to pay the rent and charges of the park, the management shall not require the purchaser to submit copies of any personal income tax returns in order to obtain approval for residency in the park. However, management may require the purchaser to document the amount and source of his or her gross monthly income or means of financial support. +Upon written request of any selling homeowner or prospective homeowner who proposes to purchase a mobilehome that will remain in the park, management shall inform that person, in writing, of the information management will require and the standards that will be utilized in determining if the person will be acceptable as a homeowner in the park. +Within 15 business days of receiving all of the information requested from the prospective homeowner, the management shall notify the seller and the prospective homeowner, in writing, of either acceptance or rejection of the application, and the reason if rejected. During this 15-day period the prospective homeowner shall comply with the management’s request, if any, for a personal interview. If the approval of a prospective homeowner is withheld for any reason other than either of the following, the management or owner may be held liable for all damages proximately resulting therefrom: +(1) Reasons stated in this article. +(2) Reasons based upon fraud, deceit, or concealment of material facts by the prospective purchaser. +(b) If the management collects a fee or charge from a prospective purchaser of a mobilehome in order to obtain a financial report or credit rating, the full amount of the fee or charge shall be credited toward payment of the first month’s rent for that mobilehome purchaser. If, for whatever reason, the prospective purchaser is rejected by the management, the management shall refund to the prospective purchaser the full amount of that fee or charge within 30 days from the date of rejection. If the prospective purchaser is approved by the management, but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the management may retain the fee, or a portion thereof, to defray its administrative costs under this section. +(c) This section shall become operative on July 1, 2016.","The Mobilehome Residency Law governs tenancies in mobilehome parks. That law, among other things, sets forth certain rights and requirements for the management and selling homeowners in connection with the listing, sale, or exchange of a mobilehome, and, if not prohibited by management, the rental of a mobilehome, including, but not limited to, authorizing the display of signs advertising the sale, exchange, or rental, and authorizing the display of an “open house” sign unless prohibited by park rules; requiring the signs to contain specified information and be of an H-frame or A-frame design; and requiring the management, upon request of a prospective homeowner, to provide the information the management will use to determine if the person will be acceptable as a homeowner in the park. Under that law, the management or owner may be held liable for damages proximately resulting from the withholding of approval of a prospective homeowner for any reason not stated in that law. +On and after July 1, 2016, this bill would no longer condition the display of an open house sign on the lack of prohibition in park rules, but would allow a park to establish reasonable rules or regulations governing the conduct of open houses, as specified; would additionally authorize a seller to display one sign of an L-frame or a generally accepted yard-arm type design; would authorize management to require the use of a step-in L-frame sign; and would define a “listing.” The bill would require the management, upon written request, to provide in writing the information and standards the management will use to review a prospective homeowner to the prospective homeowner or seller and make technical changes. The bill would additionally condition the liability for damages resulting from withholding approval of a prospective homeowner for reasons based upon fraud, deceit, or concealment of material facts by the prospective purchaser.","An act to amend, repeal, and add Sections 798.70, 798.71, and 798.74 of the Civil Code, relating to mobilehomes." +120,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7873 of the Labor Code is amended to read: +7873. +(a) As used in this section, “trade secret” means a trade secret as defined in subdivision (d) of Section 6254.7 of the Government Code or Section 1061 of the Evidence Code, and shall include the schedule submitted to the division pursuant to subdivision (b) of Section 7872 of this code, and the scheduling, duration, layout, configuration, and type of work to be performed during a turnaround. Upon completion of a turnaround, the scheduling and duration of that turnaround shall no longer be considered a trade secret. The wages, hours, benefits, job classifications, and training standards for employees performing work for petroleum refinery employers is not a trade secret. +(b) (1) If a petroleum refinery employer believes that information submitted to the division pursuant to Section 7872 may involve the release of a trade secret, the petroleum refinery employer shall nevertheless provide this information to the division. The petroleum refinery employer may, at the time of submission, identify all or a portion of the information submitted to the division as trade secret and, to the extent feasible, segregate records designated as trade secret from the other records. +(2) Subject to subdivisions (c), (d), and (g), the division shall not release to the public any information designated as a trade secret by the petroleum refinery employer pursuant to paragraph (1). +(c) (1) Upon the receipt of a request for the release of information to the public that includes information that the petroleum refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b), the division shall notify the petroleum refinery employer in writing of the request by certified mail, return receipt requested. +(2) The division shall release the requested information to the public, unless both of the following occur: +(A) Within 30 days of receipt of the notice of the request for information, the petroleum refinery employer files an action in an appropriate court for a declaratory judgment that the information is subject to protection as a trade secret, as defined in subdivision (a), and promptly notifies the division of that action. +(B) Within 120 days of receipt of the notice of the request for information, the petroleum refinery employer obtains an order prohibiting disclosure of the information to the public and promptly notifies the division of that action. +(3) This subdivision shall not be construed to allow a petroleum refinery employer to refuse to disclose the information required pursuant to this section to the division. +(d) Except as provided in subdivision (c), any information that has been designated as a trade secret by a petroleum refinery employer shall not be released to any member of the public, except that such information may be disclosed to other officers or employees of the division when relevant in any proceeding of the division. +(e) (1) The petroleum refinery employer filing an action pursuant to paragraph (2) of subdivision (c) shall provide notice of the action to the person requesting the release of the information at the same time that the defendant in the action is served. +(2) A person who has requested the release of information that includes information that the petroleum refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b) may intervene in an action by the petroleum refinery employer filed pursuant to paragraph (2) of subdivision (c). The court shall permit that person to intervene. +(f) The public agency shall not bear the court costs for any party named in litigation filed pursuant to this section. +(g) This section shall not be construed to prohibit the exchange of trade secrets between local, state, or federal public agencies or state officials when those trade secrets are relevant and reasonably necessary to the exercise of their authority. +(h) If the person requesting the release of information identified by a petroleum refinery employer as a trade secret files an action against the division to order disclosure of that information, the division shall promptly notify the petroleum refinery employer in writing of the action by certified mail, return receipt requested. The petroleum refinery employer may intervene in an action filed by the person requesting the release of trade secrets identified by the petroleum refinery employer. The court shall permit the petroleum refinery employer to intervene. +(i) An officer or employee of the division who, by virtue of that employment or official position, has possession of, or has access to, trade secret information, and who, knowing that disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to a person he or she knows is not entitled to receive it, is guilty of a misdemeanor. A contractor with the division and an employee of the contractor, who has been furnished information as authorized by this section, shall be considered an employee of the division for purposes of this section.","Existing law requires a petroleum refinery employer to, every September 15, submit to the Division of Occupational Safety and Health information regarding planned turnarounds, as defined, for the following calendar year and provide onsite access to the division for inspection. Existing law establishes procedures for the public disclosure of turnaround information designated a trade secret, including authorization for a petroleum refinery employer to seek a declaratory judgment to prevent disclosure. Existing law requires a court to award attorney’s fees to a party that prevails in an action to compel or prohibit the division from disclosing turnaround information. +This bill would delete the requirement that a person requesting the release of the above-described information, or a petroleum refinery employer seeking to prevent disclosure, name the other as a real party in interest in an applicable action. The bill would delete the requirement that a person requesting release of this information provide notice of an action to compel disclosure to the petroleum refinery employer and would instead require the division to provide that notification. The bill would instead authorize the person to intervene in a petroleum refinery employer’s declaratory relief action and require the court to permit that person to intervene. The bill would also require the court to allow the petroleum refinery employer to intervene in that action. The bill would also delete the requirement that the court award attorney’s fees.","An act to amend Section 7873 of the Labor Code, relating to refineries." +121,"The people of the State of California do enact as follows: + + +SECTION 1. +The heading of Division 26 (commencing with Section 35100) of the Public Resources Code is amended to read: +DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY +SEC. 2. +Section 35100 of the Public Resources Code is amended to read: +35100. +This division shall be known and may be cited as the Santa Clara Valley Open-Space Authority Act. +SEC. 3. +Section 35101 of the Public Resources Code is amended to read: +35101. +The Legislature hereby finds and declares all of the following: +(a) In Santa Clara County, open-space preservation and creation of a greenbelt are immediate high priorities needed to counter the continuing and serious conversion of these lands to urban uses, to preserve the quality of life in the county, and to encourage agricultural activities. +(b) In order to deal in an expeditious manner with the current serious loss of these properties, the county needs to develop and implement a local funding program involving properties occupied for urban purposes which give rise to the need for open-space preservation that goes significantly beyond current existing funding that is not adequate to resolve these losses. +(c) It is in the public interest to create the Santa Clara Valley Open-Space Authority so that local open-space preservation and greenbelting decisions can be implemented in a timely manner to provide for the acquisition and maintenance of these properties. +(d) All persons owning developed parcels enjoy the privilege of using, and benefit from, the availability of open space. +SEC. 4. +Section 35103 of the Public Resources Code is amended to read: +35103. +“Authority” means the Santa Clara Valley Open-Space Authority created pursuant to this division in the County of Santa Clara. +SEC. 5. +Section 35120 of the Public Resources Code is amended to read: +35120. +The Santa Clara Valley Open-Space Authority is hereby created on February 1, 1993. The maximum jurisdiction of the authority shall include all areas within the county, except those areas of the county presently within the boundaries, including the sphere of influence, of the Midpeninsula Regional Open-Space District. Each city situated within the maximum jurisdictional boundaries shall pass a resolution stating its intent to be included within the authority’s jurisdiction by January 15, 1993. These resolutions shall be transmitted to the board of supervisors. A city that fails to pass the resolution or that formally states its intent to not participate shall be excluded from the authority’s jurisdiction. The creation of the authority is not subject to review by the Santa Clara County Local Agency Formation Commission. +SEC. 6. +Section 35122 is added to the Public Resources Code, to read: +35122. +Notwithstanding Section 35120, after the establishment of the authority’s boundaries, the boundaries of the authority may be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, pursuant to the annexation process in the Cortese-Knox-Hertzberg Local Government Reorganizing Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). The board of supervisors of the neighboring county shall pass a resolution stating its intent to be included within the authority’s jurisdiction before any territory in that county may be annexed to the authority. +SEC. 7. +Section 35152 of the Public Resources Code is amended to read: +35152. +(a) The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authority’s jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property. +(b) Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the authority. +(c) Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section. +(d) The authority shall not validly convey an interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease. +SEC. 8. +Section 35153 of the Public Resources Code is amended to read: +35153. +The authority may exercise the right of eminent domain to take any property necessary or convenient to accomplish the purposes of this division, except that it shall not take lands in active ranching, lands in agricultural production, lands in timberland production zones that are not threatened by imminent conversion to developed uses, or lands without the authority’s jurisdiction. Furthermore, the authority shall not acquire any interest in real property by eminent domain unless the real property is contiguous to real property that is already owned by a public agency for open-space use. For purposes of this section, “owned” includes a lease or other contractual commitment to which the public agency is a party, to maintain the property in open-space use for a term of at least 25 years. The right of eminent domain may only be exercised upon the approval of a four-fifths vote of the governing board. If the property owner objects to the acquisition of his or her property by eminent domain, the property owner may, within 30 days of the governing board’s vote, file a written objection with the legislative body of the city or county in which the property is located. If the property is located in more than one city or in the county and one or more cities, the property owner shall file his or her objection with the legislative body of the city or county that includes the larger portion of the property. If the property owner files a timely written objection, the legislative body shall consider the objection at a public hearing to be held within 45 days of its receipt. If the legislative body of a city upholds by a two-thirds vote, or the legislative body of a county upholds by a majority vote, the objection by determining that the acquisition is not in the best interests of the public within the authority’s jurisdiction, the authority shall not exercise its right of eminent domain on that property.","Existing law creates the Santa Clara County Open-Space Authority, and prescribes the jurisdiction and functions and duties of the authority. Existing law authorizes the authority, among other things, to acquire, hold, and dispose of real and personal property, within the authority’s jurisdiction, necessary to the full exercise of its powers. Existing law further authorizes the authority to take by eminent domain any property necessary or convenient to accomplish the purposes of the authority, with the exception of lands in active ranching, lands in agricultural production, and lands in timberland production zones that are not threatened by imminent conversion to developed uses. Existing law provides that the maximum jurisdiction of the authority shall include all areas within the county, as provided. +This bill would authorize the authority to acquire, but not to take by eminent domain, interests in real property that are without the authority’s jurisdiction, necessary to the full exercise of its powers. The bill would also authorize the authority’s boundaries to be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, as provided. The bill would change the name of the authority to the Santa Clara Valley Open-Space Authority and make conforming changes.","An act to amend Sections 35100, 35101, 35103, 35120, 35152, and 35153 of, to amend the heading of Division 26 (commencing with Section 35100) of, and to add Section 35122 to, the Public Resources Code, relating to the Santa Clara Valley Open-Space Authority." +122,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7360 of the Revenue and Taxation Code is amended to read: +7360. +(a) (1) A tax of eighteen cents ($0.18) is hereby imposed upon each gallon of fuel subject to the tax in Sections 7362, 7363, and 7364. +(2) If the federal fuel tax is reduced below the rate of nine cents ($0.09) per gallon and federal financial allocations to this state for highway and exclusive public mass transit guideway purposes are reduced or eliminated correspondingly, the tax rate imposed by paragraph (1), on and after the date of the reduction, shall be recalculated by an amount so that the combined state rate under paragraph (1) and the federal tax rate per gallon equal twenty-seven cents ($0.27). +(3) If any person or entity is exempt or partially exempt from the federal fuel tax at the time of a reduction, the person or entity shall continue to be so exempt under this section. +(b) (1) On and after July 1, 2010, in addition to the tax imposed by subdivision (a), a tax is hereby imposed upon each gallon of motor vehicle fuel, other than aviation gasoline, subject to the tax in Sections 7362, 7363, and 7364 in an amount equal to seventeen and three-tenths cents ($0.173) per gallon. +(2) (A) For the 2011–12 fiscal year to the 2015–16 fiscal year, inclusive, +and for the 2021 +–22 fiscal year and each fiscal year thereafter, +the board shall, on or before March 1 of the fiscal year immediately preceding the applicable fiscal year, adjust the rate in paragraph (1) in that manner as to generate an amount of revenue that will equal the amount of revenue loss attributable to the exemption provided by Section 6357.7, based on estimates made by the board, and that rate shall be effective during the state’s next fiscal year. +(B) For the 2016–17 fiscal year +and each fiscal year thereafter +to the 2020 +–21 fiscal year, inclusive +, the Department of Finance shall, on or before +March 1 +May 15 +of the fiscal year immediately preceding the applicable fiscal year, adjust the rate in paragraph (1) in that manner as to generate an amount of revenue that will equal the amount of revenue loss attributable to the exemption provided by Section 6357.7, based on estimates made by the Department of Finance, and that rate shall be effective during the state’s next fiscal year. +(3) In order to maintain revenue neutrality for each year, beginning with the rate adjustment on or before March 1, 2012, the adjustment under paragraph (2) shall also take into account the extent to which the actual amount of revenues derived pursuant to this subdivision and, as applicable, Section 7361.1, the revenue loss attributable to the exemption provided by Section 6357.7 resulted in a net revenue gain or loss for the fiscal year ending prior to the rate adjustment date on or before March 1 +or May 15, as applicable +. +(4) The intent of paragraphs (2) and (3) is to ensure that Chapter 6 of the Statutes of 2011, which added this subdivision and Section 6357.7, does not produce a net revenue gain in state taxes. +(5) No later than +March 10 +May 15 +, 2016, and each +March 10 +May 15 +thereafter +to May 15, 2020 +, the Department of Finance shall notify the board of the rate adjustment effective for the state’s next fiscal year. +SEC. 2. +Section 60050 of the Revenue and Taxation Code is amended to read: +60050. +(a) (1) A tax of eighteen cents ($0.18) is hereby imposed upon each gallon of diesel fuel subject to the tax in Sections 60051, 60052, and 60058. +(2) If the federal fuel tax is reduced below the rate of fifteen cents ($0.15) per gallon and federal financial allocations to this state for highway and exclusive public mass transit guideway purposes are reduced or eliminated correspondingly, the tax rate imposed by paragraph (1), including any reduction or adjustment pursuant to subdivision (b), on and after the date of the reduction, shall be increased by an amount so that the combined state rate under paragraph (1) and the federal tax rate per gallon equal what it would have been in the absence of the federal reduction. +(3) If any person or entity is exempt or partially exempt from the federal fuel tax at the time of a reduction, the person or entity shall continue to be exempt under this section. +(b) (1) On July 1, 2011, the tax rate specified in paragraph (1) of subdivision (a) shall be reduced to thirteen cents ($0.13) and every July 1 thereafter shall be adjusted pursuant to paragraphs (2) and (3). +(2) (A) For the 2012–13 fiscal year to the 2015–16 fiscal year, inclusive, +and for the 2021 +–22 fiscal year and each fiscal year thereafter, +the board shall, on or before March 1 of the fiscal year immediately preceding the applicable fiscal year, adjust the rate reduction in paragraph (1) in that manner as to result in a revenue loss attributable to paragraph (1) that will equal the amount of revenue gain attributable to Sections 6051.8 and 6201.8, based on estimates made by the board, and that rate shall be effective during the state’s next fiscal year. +(B) For the 2016–17 fiscal year +and each fiscal year thereafter +to the 2020 +–21 fiscal year, inclusive +, the Department of Finance shall, on or before +March 1 +May 15 +of the fiscal year immediately preceding the applicable fiscal year, adjust the rate reduction in paragraph (1) in that manner as to result in a revenue loss attributable to paragraph (1) that will equal the amount of revenue gain attributable to Sections 6051.8 and 6201.8, based on estimates made by the Department of Finance, and that rate shall be effective during the state’s next fiscal year. +(3) In order to maintain revenue neutrality for each year, beginning with the rate adjustment on or before March 1, 2013, the adjustment under paragraph (2) shall take into account the extent to which the actual amount of revenues derived pursuant to Sections 6051.8 and 6201.8 and the revenue loss attributable to this subdivision resulted in a net revenue gain or loss for the fiscal year ending prior to the rate adjustment date on or before March 1 +or May 15, as applicable +. +(4) The intent of paragraphs (2) and (3) is to ensure that Chapter 6 of the Statutes of 2011, which added this subdivision and Sections 6051.8 and 6201.8, does not produce a net revenue gain in state taxes. +(5) No later than +March 10 +May 15 +, 2016, and each +March 10 +May 15 +thereafter +to May 15, 2020 +, the Department of Finance shall notify the board of the rate adjustment effective for the state’s next fiscal year","Existing law, as of July 1, 2010, exempts the sale of, and the storage, use, or other consumption of, motor vehicle fuel from specified sales and use taxes and increases the excise tax on motor vehicle fuel, as provided. +Existing law requires the State Board of Equalization, for the 2011–12 fiscal year and each fiscal year thereafter, on or before March 1 of the fiscal year immediately preceding the applicable fiscal year, to adjust the motor vehicle fuel tax rate in that manner as to generate an amount of revenue equal to the amount of revenue loss attributable to the sales and use tax exemption on motor vehicle fuel, based on estimates made by the board. Existing law also requires, in order to maintain revenue neutrality, the board to take into account actual net revenue gain or loss for the fiscal year ending prior to the rate adjustment date. Existing law requires this determined rate to be effective during the state’s next fiscal year. +This bill would, for the 2016–17 fiscal year +and each fiscal year thereafter +to the 2020 +–21 fiscal year, inclusive, on or before May 15 of the fiscal year immediately preceding the applicable fiscal year +, instead require the Department of Finance to adjust the motor vehicle fuel tax rate as described above, and would require the department to notify the board of the rate adjustment effective for the state’s next fiscal year, as provided. +Existing law, as of July 1, 2011, increases the taxes on the sale of, and the storage, use, or other consumption of, diesel fuel, and reduces the excise tax on diesel fuel. +Existing law requires the board, for the 2012–13 fiscal year and each fiscal year thereafter, on or before March 1 of the fiscal year immediately preceding the applicable fiscal year, to adjust the diesel fuel tax rate by reducing it in that manner as to result in a revenue loss that will equal the amount of revenue gain attributable to the increase in the sales and use tax rate, based on estimates made by the board. Existing law also requires, in order to maintain revenue neutrality, the board to take into account actual net revenue gain or loss for the fiscal year ending prior to the rate adjustment date. Existing law requires this determined rate to be effective during the state’s next fiscal year. +This bill would, for the 2016–17 fiscal year +and each fiscal year thereafter +to the 2020 +–21 fiscal year, inclusive, on or before May 15 of the fiscal year immediately preceding the applicable fiscal year +, instead require the Department of Finance to adjust the diesel fuel excise tax rate as described above, and would require the department to notify the board of the rate adjustment effective for the state’s next fiscal year, as provided.","An act to amend Sections 7360 and 60050 of the Revenue and Taxation Code, relating to taxation." +123,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11362.777 of the Health and Safety Code is amended to read: +11362.777. +(a) The Department of Food and Agriculture shall establish a Medical Cannabis Cultivation Program to be administered by the +secretary, +secretary and, +except as specified in subdivision (c), shall administer this section as it pertains to the cultivation of medical marijuana. For purposes of this section and Chapter 3.5 (commencing with Section 19300) +of Division 8 +of the Business and Professions Code, medical cannabis is an agricultural product. +(b) (1) A person or entity shall not cultivate medical marijuana without first obtaining both of the following: +(A) A license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur. +(B) A state license issued by the department pursuant to this section. +(2) A person or entity shall not submit an application for a state license issued by the department pursuant to this section unless that person or entity has received a license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur. +(3) A person or entity shall not submit an application for a state license issued by the department pursuant to this section if the proposed cultivation of marijuana will violate the provisions of any local ordinance or regulation, or if medical marijuana is prohibited by the city, county, or city and county in which the cultivation is proposed to occur, either expressly or otherwise under principles of permissive zoning. +(c) (1) Except as otherwise specified in this subdivision, and without limiting any other local regulation, a city, county, or city and county, through its current or future land use regulations or ordinance, may issue or deny a permit to cultivate medical marijuana pursuant to this section. A city, county, or city and county may inspect the intended cultivation site for suitability +prior to +before +issuing a permit. After the city, county, or city and county has approved a permit, the applicant shall apply for a state medical marijuana cultivation license from the department. A locally issued cultivation permit shall only become active upon licensing by the department and receiving final local approval. A person shall not cultivate medical marijuana +prior to +before +obtaining both a permit from the city, county, or city and county and a state medical marijuana cultivation license from the department. +(2) A city, county, or city and county that issues or denies conditional licenses to cultivate medical marijuana pursuant to this section shall notify the department in a manner prescribed by the secretary. +(3) A city, county, or city and county’s locally issued conditional permit requirements must be at least as stringent as the department’s state licensing requirements. +(4) If a city, county, or city and county does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, either expressly or otherwise under principles of permissive zoning, or chooses not to administer a conditional permit program pursuant to this section, then commencing March 1, 2016, the division shall be the sole licensing authority for medical marijuana cultivation applicants in that city, county, or city and county. +(d) (1) The secretary may prescribe, adopt, and enforce regulations relating to the implementation, administration, and enforcement of this part, including, but not limited to, applicant requirements, collections, reporting, refunds, and appeals. +(2) The secretary may prescribe, adopt, and enforce any emergency regulations as necessary to implement this part. Any emergency regulation prescribed, adopted, or enforced pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. +(3) The secretary may enter into a cooperative agreement with a county agricultural commissioner to carry out the provisions of this chapter, including, but not limited to, administration, investigations, inspections, licensing and assistance pertaining to the cultivation of medical marijuana. Compensation under the cooperative agreement shall be paid from assessments and fees collected and deposited pursuant to this chapter and shall provide reimbursement to the county agricultural commissioner for associated costs. +(e) (1) The department, in consultation with, but not limited to, the Bureau of Medical Marijuana Regulation, the State Water Resources Control Board, and the Department of Fish and Wildlife, shall implement a unique identification program for medical marijuana. In implementing the program, the department shall consider issues, including, but not limited to, water use and environmental impacts. In implementing the program, the department shall ensure that: +(A) Individual and cumulative effects of water diversion and discharge associated with cultivation do not affect the instream flows needed for fish spawning, migration, and rearing, and the flows needed to maintain natural flow variability. +(B) Cultivation will not negatively impact springs, riparian wetlands, and aquatic habitats. +(2) The department shall establish a program for the identification of permitted medical marijuana plants at a cultivation site during the cultivation period. The unique identifier shall be attached at the base of each plant. A unique identifier, such as, but not limited to, a zip tie, shall be issued for each medical marijuana plant. +(A) Unique identifiers will only be issued to those persons appropriately licensed by this section. +(B) Information associated with the assigned unique identifier and licensee shall be included in the trace and track program specified in Section 19335 of the Business and Professions Code. +(C) The department may charge a fee to cover the reasonable costs of issuing the unique identifier and monitoring, tracking, and inspecting each medical marijuana plant. +(D) The department may promulgate regulations to implement this section. +(3) The department shall take adequate steps to establish protections against fraudulent unique identifiers and limit illegal diversion of unique identifiers to unlicensed persons. +(f) (1) A city, county, or city and county that issues or denies licenses to cultivate medical marijuana pursuant to this section shall notify the department in a manner prescribed by the secretary. +(2) Unique identifiers and associated identifying information administered by a city or county shall adhere to the requirements set by the department and be the equivalent to those administered by the department. +(g) This section does not apply to a qualified patient cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 100 square feet and he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity. This section does not apply to a primary caregiver cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 500 square feet and he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 and does not receive remuneration for these activities, except for compensation provided in full compliance with subdivision (c) of Section 11362.765. For purposes of this section, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants on the premises. Exemption from the requirements of this section does not limit or prevent a city, county, or city and county from +regulating or banning the cultivation, storage, manufacture, transport, provision, or other activity by the exempt person, or impair the enforcement of that regulation or ban. +exercising its police power authority under Section 7 of Article XI of the California Constitution. +SECTION 1. +The Legislature finds and declares as follows: +(a)It is the intent of the Legislature in enacting this act to provide for collaboration among public payers, private health insurance carriers, third-party purchasers, health care providers, and health care consumer representatives, as necessary, to identify consistent appropriate payment methods to support chronic care management in, and to align incentives in support of, patient centered medical homes. +(b)It is the intent of the Legislature to exempt from state antitrust laws and to provide immunity from federal antitrust laws, pursuant to the state action doctrine for, any activities undertaken pursuant to this act that otherwise might be constrained by those laws. It is not the intent of the Legislature to authorize any person or entity to engage in or conspire to engage in any activity that would constitute a per se violation of state or federal antitrust laws, including, but not limited to, an agreement among competing health care providers or health insurance carriers as to the price or specific level of payment for a health care service. +(c)It is the intent of the Legislature that the state shall articulate a clear and affirmative policy describing its intent to displace competition with respect to the implementation of this act, and shall actively supervise anticompetitive conduct and its results with ongoing oversight. +SEC. 2. +Chapter 3.5 (commencing with Section 24300) is added to Division 20 of the +Health and Safety Code +, to read: +3.5. +Patient Centered Medical Home Health Care Delivery Model +24300. +The Secretary of California Health and Human Services shall convene a working group of public payers, private health insurance carriers, third-party purchasers, health care providers, and health care consumer representatives to identify appropriate payment methods to align incentives in support of patient centered medical homes. +24301. +(a)The working group convened pursuant to this chapter shall consult with, and provide recommendations to, the Legislature and relevant state agencies on all matters relating to the implementation of a patient centered medical home care model. +(b)The working group shall have the authority to do all of the following: +(1)Develop consensus on strategies for implementing the patient centered medical home care model and service delivery change at the practice, community, and health care system level. +(2)Identify ways to create alignment regarding payment, reporting, and infrastructure investments. +(3)Identify ways to utilize public and private purchasing power and ways to enable competing payers to work collaboratively to establish common patient centered medical home initiatives. +(4)Propose participation in relevant federally funded pilot and demonstration projects. +24302. +The secretary shall convene the working group only after he or she makes a determination that sufficient nonstate funds have been received to pay for all costs of implementing this chapter.","Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law, enacted by the Legislature, provides for the licensing and regulation by both state and local entities of medical marijuana and its cultivation. +Existing law requires the Department of Food and Agriculture to establish a Medical Cannabis Cultivation Program. The program prohibits a person from cultivating medical marijuana without first obtaining a state license issued by the department and a license, permit, or other entitlement specifically permitting cultivation pursuant to the program from the city, county, or city and county in which the cultivation will occur, as specified. Existing law exempts certain persons from these licensure requirements under specified conditions, but authorizes a city, county, or city and county to regulate or ban the cultivation, storage, manufacture, transport, provision, or other activity by the exempt person. +This bill would instead provide that an exemption from these licensure requirements does not limit or prevent a city, county, or city and county from exercising its police power authority under a specified provision of the California Constitution. +Existing law requires the Office of Statewide Health Planning and Development to perform various functions and duties with respect to health policy and planning and health professions development. Existing law states the Legislature’s finding that there is a need to improve the effectiveness of health care delivery systems. Existing law generally defines a medical home as a single provider, facility, or team that coordinates an individual’s health care services. +This bill would require the Secretary of California Health and Human Services to convene a working group of public payers, private health insurance carriers, 3rd-party purchasers, health care providers, and health care consumer representatives to identify appropriate payment methods to align incentives in support of patient centered medical homes. The bill would prescribe the powers and duties of the working group, including consulting with, and providing recommendations to, the Legislature and relevant state agencies on matters relating to the implementation of the patient centered medical home care model. The bill would require the secretary to convene the working group only after making a determination that sufficient nonstate funds have been received to pay for all costs of implementing the bill. +This bill would make legislative findings and declarations regarding the intent of the Legislature to exempt and immunize activities undertaken in connection with patient centered medical homes from state and federal antitrust laws, as specified.","An act to +add Chapter 3.5 (commencing with Section 24300) to Division 20 of the Health and Safety Code, relating to health care. +amend Section 11362.777 of the Health and Safety Code, relating to medical marijuana." +124,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Effective and sustainable implementation of a statewide earthquake early warning system, as funded through the California Earthquake Safety Fund, requires a governance structure that coordinates the multiple entities involved in establishing and operating the different functional areas of the system, including, but not limited to, system operations, research and development, finance and investment, and training and education. +(b) Each of the functional areas necessary for a statewide earthquake early warning system consists of designated working groups that include subject matter experts and stakeholders in the public and private sectors. +(c) The California Earthquake Early Warning Advisory Board is intended to advise the Director of Emergency Services on implementation of the earthquake early warning program. +SEC. 2. +Section 8587.8 of the Government Code is amended to read: +8587.8. +(a) The Office of Emergency Services, in collaboration with the California Institute of Technology (Caltech), the California Geological Survey, the University of California, the United States Geological Survey, the Alfred E. Alquist Seismic Safety Commission, and other stakeholders, shall develop a comprehensive statewide earthquake early warning system in California through a public-private partnership, which shall include, but not be limited to, the following features: +(1) Installation of field sensors. +(2) Improvement of field telemetry. +(3) Construction and testing of central processing and notification centers. +(4) Establishment of warning notification distribution paths to the public. +(5) Integration of earthquake early warning education with general earthquake preparedness efforts. +(b) In consultation with stakeholders, the Office of Emergency Services shall develop an approval mechanism to review compliance with earthquake early warning standards as they are developed. The development of the approval mechanism shall include input from a broad representation of earthquake early warning stakeholders. The approval mechanism shall accomplish all of the following: +(1) Ensure the standards are appropriate. +(2) Determine the degree to which the standards apply to providers and components of the system. +(3) Determine methods to ensure compliance with the standards. +(4) Determine requirements for participation in the system. +(c) The Office of Emergency Services shall identify funding for the system described in subdivision (a) through single or multiple sources of revenue. +SEC. 3. +Section 8587.11 is added to the Government Code, to read: +8587.11. +(a) There is in state government, within the office, both of the following: +(1) The California Earthquake Early Warning Program. +(2) The California Earthquake Early Warning Advisory Board. +(b) The following definitions apply to this section and Section 8587.12: +(1) “Board” means the California Earthquake Early Warning Advisory Board. +(2) “Program” means the California Earthquake Early Warning Program. +(3) “System” means the statewide earthquake early warning system. +(c) (1) The board shall be composed of the following eight members: +(A) Seven voting members, as follows: +(i) The Secretary of the Natural Resources Agency, or his or her designee. +(ii) The Secretary of California Health and Human Services, or his or her designee. +(iii) The Secretary of Transportation, or his or her designee. +(iv) The Secretary of Business, Consumer Services, and Housing, or his or her designee. +(v) One member who is appointed by, and serves at the pleasure of, the Speaker of the Assembly and represents the interests of private businesses. +(vi) One member who is appointed by, and serves at the pleasure of, the Governor and represents the utilities industry. +(vii) One member who is appointed by, and serves at the pleasure of, the Senate Committee on Rules and represents county government. +(B) The Chancellor of the California State University, or his or her designee, shall serve as a nonvoting member of the board. +(2) The President of the University of California, or his or her designee, may serve as a nonvoting member of the board. +(3) The members of the board shall serve without compensation, but shall be reimbursed for actual and reasonable travel and meal expenses to attend board meetings. +(d) (1) The board shall convene periodically and advise the director on all aspects of the program, including, but not limited to, the following functional areas of the program: +(A) System operations. +(B) Research and development. +(C) Finance and investment. +(D) Training and education. +(2) The board shall utilize committees, groups, and organizations, including, but not limited to, the California Institute of Technology, the California Geological Survey, the University of California, the United States Geological Survey, and entities participating in the critical infrastructure sectors to fulfill the objectives of the program by supporting the functional areas of the system. +(3) The board shall inform the public regarding, and provide the public with the opportunity to engage the board on, the development and implementation of the system. +(4) The board shall consult with program participants, state agencies, departments, boards and commissions, private businesses, postsecondary educational institutions, and subject matter experts, as necessary, to advise the board on the development, implementation, and maintenance of the system. +(e) (1) Except as otherwise provided by law, the California Integrated Seismic Network shall be responsible for the generation of an earthquake early warning alert and related system operations. +(2) The board shall, in conjunction with the director, determine the appropriate methods to provide the public with an earthquake early warning alert. +(f) (1) The board shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). +(2) Notwithstanding any law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), any information in a public record that is a trade secret, as that term is defined in Section 3426.1 of the Civil Code, of a private entity cooperating with the board or participating in the system or with the program is confidential and shall not be disclosed. +SEC. 4. +Section 8587.12 is added to the Government Code, to read: +8587.12. +(a) On or before February 1, 2018, the office, in consultation with the board, shall develop and submit a business plan for the program to the Senate Committee on Governmental Organization, the Assembly Committee on Governmental Organization, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Legislative Analyst’s Office. The business plan shall include, but not be limited to, all of the following elements: +(1) The funding plan for the program and the estimated costs associated with the program. The funding plan shall include, but not be limited to, all of the following: +(A) Specific cost estimates for each component of the program, including, but not limited to, education and outreach costs, staff costs, and the capital costs, operation costs, and maintenance costs of the system. +(B) Identification of specific sources of funding, including, but not limited to, federal funds, funds from revenue bonds, local funds, general funds, special funds, funds from private sources, and funding from any written agreements with public or private entities to fund components of the program. +(2) The expected roles and responsibilities of various program participants, including, but not limited to, private sector partners and local emergency personnel. +(3) The expected time schedule for completing the system and when it can start to provide alerts. +(4) A discussion of all reasonably foreseeable risks the program may encounter, including, but not limited to, risks associated with the program’s finances, the reliability of the system, access to land for sensor placement, and changes in technology. The plan shall describe the office’s strategies, processes, or other actions it intends to utilize to manage those risks. +(b) On or before February 1, 2019, and annually thereafter, the office shall report to the Legislature any changes to the business plan from the prior year and shall provide a general report on progress of the program and the implementation of the system. The report shall include, but not be limited to, all of the following: +(1) The overall progress of the implementation of the system. +(2) An update on funding acquired and expended. +(3) An update on contracts and requests for proposals. +(4) A summary of recommendations made by the board to the office. +SEC. 5. +The Legislature finds and declares that Section 3 of this act, which adds Section 8587.11 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +The development and implementation of the California Earthquake Early Warning System will help mitigate the loss of lives and property due to an earthquake. The need to protect the proprietary rights of owners of trade secrets relating to systems or products that may be incorporated into the California Earthquake Early Warning System and used within the California Earthquake Early Warning Program and the need to encourage the participation of those owners in the development and implementation of that system and program outweigh publicly disclosing those trade secrets.","(1) The California Emergency Services Act requires the Office of Emergency Services, among other things, to develop in collaboration with specified entities a comprehensive statewide earthquake early warning system in California through a public-private partnership, as specified. The act requires the office to identify funding for the system through single or multiple sources of revenue, and requires those sources to exclude the General Fund and to be limited to federal funds, funds from revenue bonds, local funds, and funds from private sources. Under the act, the requirement that the office develop the system is not operative until funding is identified, and is repealed if funding is not identified by July 1, 2016. The act establishes the California Earthquake Safety Fund in the State Treasury to be used, upon appropriation by the Legislature, for seismic safety and earthquake-related programs, including the statewide earthquake early warning system. +This bill would discontinue the requirement that the funding sources for the system exclude the General Fund and be limited to federal funds, funds from revenue bonds, local funds, and funds from private sources. The bill would delete the provisions providing for the repeal and the contingent operation of the requirement that the office develop the system. +This bill would establish, within the office, the California Earthquake Early Warning Program and the California Earthquake Early Warning Advisory Board to support the development of the statewide earthquake early warning system, as specified. The bill would require the board to include 7 voting members, as specified, and the Chancellor of the California State University, or his or her designee, who would serve as a nonvoting member. The bill would authorize the President of the University of California, or his or her designee, to serve as an additional nonvoting member of the board. The bill would require all members to serve without compensation, but would require reimbursement for actual and reasonable travel and meal expenses to attend board meetings. The bill would require the board to comply with existing state open meeting and public record disclosure laws and would prohibit the disclosure of any information in a public record that is a trade secret, as defined, of a private entity cooperating with the board or participating in the statewide earthquake early warning system or the program. The bill would make legislative findings in support of its provisions. +(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to amend Section 8587.8 of, and to add Sections 8587.11 and 8587.12 to, the Government Code, relating to earthquake safety." +125,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 303.4 is added to the Elections Code, to read: +303.4. +“Ballot on demand system” means a self-contained system that allows users to do both of the following on an as-needed basis: +(a) Manufacture and finish card stock. +(b) Finish unfinished ballot cards into ballot cards. +SEC. 2. +Section 2170 of the Elections Code is amended to read: +2170. +(a) “Conditional voter registration” means a properly executed affidavit of registration that is delivered by the registrant to the county elections official during the 14 days immediately preceding an election or on election day and which may be deemed effective pursuant to this article after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information, as specified in subdivision (c). +(b) In addition to other methods of voter registration provided by this code, an elector who is otherwise qualified to register to vote under this code and Section 2 of Article II of the California Constitution may complete a conditional voter registration and cast a provisional ballot during the 14 days immediately preceding an election or on election day pursuant to this article. +(c) (1) A conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the information provided by the registrant on the registration affidavit matches information contained in a database maintained by the Department of Motor Vehicles or the federal Social Security Administration. +(2) If the information provided by the registrant on the registration affidavit cannot be verified pursuant to paragraph (1) but the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to Section 2150 and the conditional voter registration shall be deemed effective. +(d) The county elections official shall offer conditional voter registration and provisional voting pursuant to this article, in accordance with all of the following procedures: +(1) The elections official shall provide conditional voter registration and provisional voting pursuant to this article at all permanent offices of the county elections official in the county. +(2) The elections official shall advise registrants that a conditional voter registration will be effective only if the registrant is determined to be eligible to register to vote for the election and the information provided by the registrant on the registration affidavit is verified pursuant to subdivision (c). +(3) The elections official shall conduct the receipt and handling of each conditional voter registration and offer and receive a corresponding provisional ballot in a manner that protects the secrecy of the ballot and allows the elections official to process the registration, determine the registrant’s eligibility to register, and validate the registrant’s information before counting or rejecting the corresponding provisional ballot. +(4) After receiving a conditional voter registration, the elections official shall process the registration, determine the registrant’s eligibility to register, and attempt to validate the registrant’s information. +(5) If a conditional registration is deemed effective, the elections official shall include the corresponding provisional ballot in the official canvass. +(e) The county elections official may offer conditional voter registration and provisional voting pursuant to this article at satellite offices of the county elections office, in accordance with the procedures specified in paragraphs (2) to (5), inclusive, of subdivision (d). +SEC. 3. +Section 2550 is added to the Elections Code, to read: +2550. +(a) For purposes of this section, “electronic poll book” means an electronic list of registered voters that may be transported to the polling location. An electronic poll book shall contain all of the following voter registration data: +(1) Name. +(2) Address. +(3) Precinct. +(4) Party preference. +(5) Whether or not the voter has been issued a vote by mail ballot. +(6) Whether or not the vote by mail ballot has been recorded as received by the elections official. +(b) An electronic poll book shall not be used unless it has been certified by the Secretary of State. +(c) The Secretary of State shall adopt and publish electronic poll book standards and regulations governing the certification and use of electronic poll books. +(d) The Secretary of State shall not certify an electronic poll book unless it fulfills the requirements of this section and the Secretary of State’s standards and regulations. +SEC. 4. +Section 13004 of the Elections Code is amended to read: +13004. +(a) The Secretary of State shall adopt regulations governing the manufacture, finishing, quality standards, distribution, and inventory control of ballot cards and ballot on demand systems. For commercial ballot manufacturers and finishers, the Secretary of State shall require a biennial inspection of the certified manufacturing, finishing, and storage facilities. The Secretary of State shall also approve each ballot card manufacturer, finisher, and ballot on demand system before manufacturing or finishing ballot cards, or deploying a ballot on demand system, for use in California elections. +(b) Not later than five working days before the Secretary of State begins his or her initial inspection, the ballot card manufacturer, finisher, or ballot on demand system vendor shall disclose to the Secretary of State in writing any known flaw or defect in its ballot card manufacturing or finishing process, manufactured or finished ballot cards, or ballot on demand system that could adversely affect the future casting or tallying of votes. Once approved by the Secretary of State, the ballot card manufacturer, finisher, or ballot on demand system vendor shall notify the Secretary of State and the affected local elections officials in writing within two business days after it discovers any flaw or defect in its ballot card manufacturing or finishing process, manufactured or finished ballot cards, or ballot on demand system that could adversely affect the future casting or tallying of votes. +SEC. 5. +Section 13004.5 is added to the Elections Code, to read: +13004.5. +(a) A jurisdiction shall not purchase, lease, or contract for a ballot on demand system unless the ballot on demand system has been certified by the Secretary of State. +(b) A vendor, company, or person shall not sell, lease, or contract with a jurisdiction for the use of a ballot on demand system unless the ballot on demand system has been certified by the Secretary of State. +(c) This section does not preclude a jurisdiction from conducting research and development of a ballot on demand system.","(1) Existing law permits a county elections official to offer conditional voter registration and provisional voting on election day at satellite offices of the county elections office, as specified. +This bill would also allow a county elections official to offer conditional voter registration and provisional voting at satellite offices other than on election day. +(2) Existing law requires each precinct board to keep a roster of voters who voted at the precinct, as specified. Existing law also requires an elections official to furnish to the precinct officers, among other things, printed copies of the index to the affidavits of registration for that precinct. +This bill would require the Secretary of State to adopt and publish electronic poll book standards and regulations governing the certification and use of electronic poll books, as defined. The bill would require that the electronic poll book include specified voter registration data. The bill would prohibit the use of an electronic poll book unless it has been certified by the secretary. +(3) Existing law requires the secretary to adopt regulations (A) governing the manufacture, finishing, quality standards, distribution, and inventory control of ballot cards and (B) requiring the biennial inspection of the manufacturing, finishing, and storage facilities involving ballot cards. Existing law requires the secretary to also approve each ballot card manufacturer or finisher before a manufacturer or finisher provides ballot cards for use in California elections. +This bill would require the secretary to adopt regulations (A) governing ballot on demand systems, as defined, and (B) for purposes of certifying ballot on demand systems. The bill, for commercial ballot manufacturers and finishers, would require the secretary to require a biennial inspection of the certified manufacturing, finishing, and storage facilities. The bill would also require the secretary to approve each ballot on demand system before the system is deployed for use in California elections. The bill would prohibit a jurisdiction from purchasing, leasing, or contracting for, and a vendor, company, or person from selling, leasing, or contracting with a jurisdiction for, a ballot on demand system unless the ballot on demand system has been certified by the secretary.","An act to amend Sections 2170 and 13004 of, and to add Sections 303.4, 2550, and 13004.5 to, the Elections Code, relating to elections." +126,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 48852.7 is added to the Education Code, to read: +48852.7. +(a) At the point of any change or any subsequent change in residence once a child becomes a homeless child, the local educational agency serving the homeless child shall allow the homeless child to continue his or her education in the school of origin through the duration of homelessness. +(b) If the homeless child’s status changes before the end of the academic year so that he or she is no longer homeless, either of the following apply: +(1) If the homeless child is in high school, the local educational agency shall allow the formerly homeless child to continue his or her education in the school of origin through graduation. +(2) If the homeless child is in kindergarten or any of grades 1 to 8, inclusive, the local educational agency shall allow the formerly homeless child to continue his or her education in the school of origin through the duration of the academic school year. +(c) To ensure that the homeless child has the benefit of matriculating with his or her peers in accordance with the established feeder patterns of school districts, the following apply: +(1) If the homeless child is transitioning between school grade levels, the local educational agency shall allow the homeless child to continue in the school district of origin in the same attendance area. +(2) If the homeless child is transitioning to a middle school or high school, and the school designated for matriculation is in another school district, the local educational agency shall allow the homeless child to continue to the school designated for matriculation in that school district. +(3) The new school shall immediately enroll the homeless child even if the child has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, including, but not limited to, records or other proof of immunization history pursuant to Chapter 1 (commencing with Section 120325) of Part 2 of Division 105 of the Health and Safety Code, proof of residency, other documentation, or school uniforms. +(d) It is the intent of the Legislature that this section shall not supersede or exceed other laws governing special education services for eligible homeless children. +(e) (1) The federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) shall govern the procedures for transportation and dispute resolution with respect to homeless children and school of origin. +(2) This section does not require a school district to provide transportation to a former homeless child who has an individualized education program that does not require transportation as a related service and who changes residence but remains in his or her school of origin pursuant to this section, unless the individualized education program team determines that transportation is a necessary related service, or the federal McKinney-Vento Homeless Assistance Act requires transportation to be provided. +(3) This section does not require a school district to provide transportation services to allow a homeless child to attend a school or school district, unless otherwise required under the federal McKinney-Vento Homeless Assistance Act or other federal law. A school district may, at its discretion, provide transportation services to allow a homeless child to attend a school or school district. +(f) For purposes of this section, the following definitions apply: +(1) “Homeless child” has the same meaning as in Section 11434a(2) of Title 42 of the United States Code. +(2) “School of origin” means the school that the homeless child attended when permanently housed or the school in which the homeless child was last enrolled. If the school the homeless child attended when permanently housed is different from the school in which the homeless child was last enrolled, or if there is some other school that the homeless child attended with which the homeless child is connected and that the homeless child attended within the immediately preceding 15 months, the educational liaison, in consultation with, and with the agreement of, the homeless child and the person holding the right to make educational decisions for the homeless child, shall determine, in the best interests of the homeless child, the school that shall be deemed the school of origin. +SEC. 2. +Section 48859 of the Education Code is amended to read: +48859. +For purposes of this chapter, the following terms have the following meanings: +(a) “County placing agency” means the county social services department or county probation department. +(b) “Educational authority” means an entity designated to represent the interests of a child for educational and related services. +(c) “Local educational agency” means a school district, a county office of education, a charter school, or a special education local plan area. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) The federal McKinney-Vento Homeless Assistance Act sets forth specified requirements relating to the education of homeless children and youth, as defined. Under existing state law, a local educational agency liaison for homeless children and youth is required to ensure that public notice of the educational rights of homeless children and youths is disseminated in schools within the liaison’s local educational agency, as specified. +This bill would require a local educational agency serving a homeless child, once a child becomes a homeless child, to allow the homeless child to continue his or her education in the school of origin through the duration of the homelessness, and would set forth related requirements governing the enrollment of homeless children. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. +(2) Existing law requires a pupil placed in a licensed children’s institution or foster family home to attend programs operated by the local educational agency, unless one of certain circumstances applies. Existing law requires each local educational agency to designate a staff person as the educational liaison for foster children, as defined. Existing law requires the educational liaison for foster children to ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children, and to assist foster children when transferring from one school to another school or from one school district to another school district in ensuring the proper transfer of credits, records, and grades. Existing law defines a local educational agency for purposes of these provisions, the provisions above relating to homeless children and youth, and other related provisions to include a school district, a county office of education, a charter school participating as a member of a special education local plan area, or a special education local plan area. +This bill would revise the definition of a local educational agency for purposes of those provisions to include all charter schools. To the extent this would impose additional duties on charter schools, the bill would impose a state-mandated local program. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 48859 of, and to add Section 48852.7 to, the Education Code, relating to pupil instruction and services." +127,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 49600 of the Education Code is amended to read: +49600. +(a) The governing board of a school district may provide a comprehensive educational counseling program for all pupils enrolled in the school district. It is the intent of the Legislature that a school district that provides educational counseling to its pupils implement a structured and coherent counseling program. +(b) For purposes of this section, “educational counseling” means specialized services provided by a school counselor possessing a valid credential with a specialization in pupil personnel services who is assigned specific times to directly counsel pupils. +(c) It is the intent of the Legislature that school counselors do all of the following: +(1) Engage with, advocate for, and provide support for, all pupils with respect to learning and achievement. +(2) Plan, implement, and evaluate programs to promote the academic, career, personal, and social development of all pupils, including pupils from low-income families, foster youth, homeless youth, undocumented youth, and pupils at all levels of academic, social, and emotional abilities. +(3) Use multiple sources of information to monitor and improve pupil behavior and achievement. +(4) Collaborate and coordinate with school and community resources. +(5) Promote and maintain a safe learning environment for all pupils by providing restorative justice practices, positive behavior interventions, and support services. +(6) Intervene to ameliorate school-related problems, including issues related to chronic absences. +(7) Use research-based strategies to reduce stigma, conflict, and pupil-to-pupil mistreatment and bullying. +(8) Improve school climate and pupil well-being. +(9) Enhance pupils’ social and emotional competence, character, health, civic engagement, cultural literacy, and commitment to lifelong learning and the pursuit of high-quality educational programs. +(10) Provide counseling interventions and support services for pupils classified as English learners, eligible for free or reduced-price meals, or foster youth, including enhancing equity and access to the education system and community services. +(11) Engage in continued development as a professional school counselor. +(d) Educational counseling shall include academic counseling, in which pupils receive counseling in the following areas: +(1) Development and implementation, with parental involvement, of the pupil’s immediate and long-range educational plans. +(2) Optimizing progress towards achievement of proficiency standards. +(3) Completion of the required curriculum in accordance with the pupil’s needs, abilities, interests, and aptitudes. +(4) Academic planning for access and success in higher education programs, including advisement on courses needed for admission to public colleges and universities, standardized admissions tests, and financial aid. +(5) Career and vocational counseling, in which pupils are assisted in doing all of the following: +(A) Planning for the future, including, but not limited to, identifying personal interests, skills, and abilities, career planning, course selection, and career transition. +(B) Becoming aware of personal preferences and interests that influence educational and occupational exploration, career choice, and career success. +(C) Developing realistic perceptions of work, the changing work environment, and the effect of work on lifestyle. +(D) Understanding the relationship between academic achievement and career success, and the importance of maximizing career options. +(E) Understanding the value of participating in career technical education and work-based learning activities and programs, including, but not limited to, service learning, regional occupational centers and programs, partnership programs, job shadowing, and mentoring experiences. +(F) Understanding the need to develop essential employable skills and work habits. +(G) Understanding the variety of four-year colleges and universities and community college vocational and technical preparation programs, as well as admission criteria and enrollment procedures. +(e) Educational counseling may also include counseling in any of the following: +(1) Individualized review of the academic and deportment records of a pupil. +(2) Individualized review of the pupil’s career goals, and the available academic and career technical education opportunities and community and workplace experiences available to the pupil that may support the pursuit of those goals. +(3) Opportunity for a counselor to meet with each pupil and, if practicable, the parents or legal guardian of the pupil to discuss the academic and deportment records of the pupil, his or her educational options, the coursework and academic progress needed for satisfactory completion of middle or high school, passage of the high school exit examination or its successor, education opportunities at community colleges, eligibility for admission to a four-year institution of postsecondary education, including the University of California and the California State University, and the availability of career technical education. That discussion shall also address the availability of intensive instruction and services as required pursuant to subdivision (c) of Section 37254, for up to two consecutive academic years after the completion of grade 12 or until the pupil has passed both parts of the high school exit examination or its successor, whichever comes first, for those pupils who have not passed one or both parts of the high school exit examination, or its successor, by the end of grade 12. The educational options discussed at the meeting shall include, to the extent these services are available, the college preparatory program and career technical education programs, including regional occupational centers and programs and similar alternatives available to pupils within the school district. +(4) Identifying pupils who are at risk of not graduating with the rest of their class, are not earning credits at a rate that will enable them to pass the high school exit examination, or its successor, or do not have sufficient training to allow them to fully engage in their chosen career. +(5) In schools that enroll pupils in grades 10 and 12, developing a list of coursework and experience necessary to assist each pupil in his or her grade who has not passed one or both parts of the high school exit examination, or its successor, or has not satisfied, or is not on track to satisfy, the curricular requirements for admission to the University of California and the California State University, and to successfully transition to postsecondary education or employment. +(6) Developing a list of coursework and experience necessary to assist each pupil in middle school to successfully transition to high school and meet all graduation requirements, including passing the high school exit examination, or its successor. +(7) In schools that enroll pupils in grades 6 to 12, inclusive, developing a list of coursework and experience necessary to assist each pupil to begin to satisfy the curricular requirements for admission to the University of California and the California State University. +(8) Providing a copy of the lists developed pursuant to paragraphs (6) and (7) to a pupil and his or her parent or legal guardian, ensuring that the list of coursework and experience is part of the pupil’s cumulative record. +(9) Informing each pupil who has failed to pass one or both parts of the high school exit examination, or its successor, of the option of intensive instruction and services. +(10) Developing a list of coursework and experience for a pupil enrolled in grade 12, including options for continuing his or her education if he or she fails to meet graduation requirements. These options shall include, but are not limited to, all of the following: +(A) Enrolling in an adult education program. +(B) Enrolling in a community college. +(C) Continuing enrollment in the pupil’s current school district. +(D) Continuing to receive intensive instruction and services for up to two consecutive academic years after completion of grade 12 or until the pupil has passed both parts of the high school exit examination or its successor, whichever comes first. +(11) Providing a copy of the list of coursework and experiences developed pursuant to paragraph (10) to the pupil and his or her parent or legal guardian, ensuring that the list of coursework and experience is part of the cumulative records of a pupil. +(12) Offering and scheduling an individual conference with each pupil in grades 10 and 12 who has failed to pass one or both parts of the high school exit examination, or its successor, or has not satisfied, or is not on track to satisfy, the curricular requirements for admission to the University of California and the California State University and to successfully transition to postsecondary education or employment, and providing the following information to the pupil and his or her parent or legal guardian: +(A) Consequences of not passing the high school exit examination, or its successor. +(B) Programs, courses, and career technical education options available to the pupil as needed for satisfactory completion of middle or high school. +(C) Cumulative records and transcripts of the pupil. +(D) Results of standardized and diagnostic assessments of the pupil. +(E) Remediation strategies, high school courses, and alternative education options available to the pupil, including, but not limited to, informing the pupil of the option to receive intensive instruction and services for up to two consecutive academic years after completion of grade 12 or until the pupil has passed both parts of the high school exit examination or its successor, whichever comes first. +(F) Information on postsecondary education and training. +(G) The score of the pupil on the English language arts or mathematics portion of the California Standards Test administered in grade 6, as applicable. +(H) Eligibility requirements, including coursework and test requirements, and the progress of the pupil toward satisfaction of those requirements for admission to four-year institutions of postsecondary education, including the University of California and the California State University. +(I) The availability of financial aid for postsecondary education. +(13) Personal and social counseling, in which pupils receive counseling pertaining to interpersonal relationships for the purpose of promoting the development of their academic abilities, careers and vocations, and personal and social skills. +(f) Professional development related to career and vocational counseling shall include strategies for counseling pupils pursuing postsecondary education, career technical education, multiple pathways, college, and global career opportunities. +(g) Nothing in this section shall be construed as prohibiting persons participating in an organized advisory program approved by the governing board of a school district, and supervised by a school district counselor, from advising pupils pursuant to the organized advisory program.","Existing law authorizes the governing board of a school district to provide a comprehensive educational counseling program for all pupils enrolled in the schools of the district, and, if the program is provided, requires educational counseling to include both academic counseling and career and vocational counseling in specified areas. +This bill would state the Legislature’s intent that school counselors also perform specified other functions and services to support pupil learning and achievement and would specify that educational counseling may also include counseling in specified other areas, including, but not limited to, individualized review of a pupil’s career goals. The bill would require professional development related to career and vocational counseling to include strategies for counseling pupils in specified areas. The bill would make a conforming change by deleting a provision relating to school counselors providing services prior to January 1, 1987.","An act to amend Section 49600 of the Education Code, relating to pupil instruction and services." +128,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7021 is added to the Business and Professions Code, to read: +7021. +The board may enter into an interagency agreement with any other state or local agency the board deems to be in possession of any information relevant to its priority to protect the public described in Section 7000.6. +SEC. 2. +Section 7071.18 is added to the Business and Professions Code, to read: +7071.18. +(a) Notwithstanding any other law, a licensee shall report to the registrar in writing the occurrence of any of the following within 90 days after the licensee obtains knowledge of the event: +(1) The conviction of the licensee for any felony. +(2) The conviction of the licensee for any other crime that is substantially related to the qualifications, functions, and duties of a licensed contractor. +(b) (1) The board shall consult with licensees, consumers, and other interested stakeholders in order to prepare a study of judgments, arbitration awards, and settlements that were the result of claims for construction defects for rental residential units and, by January 1, 2018, shall report to the Legislature the results of this study to determine if the board’s ability to protect the public as described in Section 7000.6 would be enhanced by regulations requiring licensees to report judgments, arbitration awards, or settlement payments of those claims. Participation by licensees and consumers shall be voluntary. The study shall include, but not be limited to, criteria used by insurers or others to differentiate between settlements that are for nuisance value and those that are not, whether settlement information or other information can help identify licensees who may be subject to an enforcement action, if there is a way to separate subcontractors from general contractors when identifying licensees who may be subject to an enforcement action, whether reporting should be limited to settlements resulting from construction defects that resulted in death or injury, the practice of other boards within the department, and any other criteria considered reasonable by the board. The board shall submit the report to the Legislature in accordance with Section 9795 of the Government Code. +(2) Records or documents obtained by the board during the course of implementing this subdivision that are exempt from public disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) shall remain exempt from disclosure pursuant to that act. +SEC. 3. +Section 18924.5 is added to the Health and Safety Code, to read: +18924.5. +(a) By January 1, 2018, the working group formed by the California Building Standards Commission to study recent exterior elevated element failures in California shall submit a report to the appropriate policy committees of the Legislature containing any findings and possible recommendations for statutory changes or changes to the California Building Standards Code. +(b) The working group shall review related documents and reports, including, but not limited to, any available forensic reports related to exterior elevated element failures in California, reports and studies used in the development of national and state building codes, and any other material deemed relevant to make recommendations to the appropriate state agency or agencies for the development of proposed building standards for exterior elevated elements. +(c) The working group shall solicit technical expertise as appropriate from, but not limited to, representatives from the Department of Housing and Community Development, the Division of the State Architect—Structural Safety, the Office of the State Fire Marshal, local building officials and plan checkers, e Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code). +SEC. 5. +The Legislature finds and declares that Section 2 of this act, which adds Section 7071.18 to the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +By allowing records and documents exempt from disclosure to be shared with the Contractors’ State License Board and remain nonpublic under the Public Records Act, the act adding this section would encourage private individuals and entities to provide the board with information that is vital to the success of its study and report to determine whether additional regulations are appropriate. Therefore, this act properly balances the public’s right to access to public records in the possession of the board with the need for the state to obtain otherwise private information.","(1) Existing law, the Contractors’ State License Law, provides for the licensure, regulation, and discipline of contractors by the Contractors’ State License Board. Existing law requires the board, with the approval of the Director of Consumer Affairs, to appoint a registrar of contractors to serve as the executive officer and secretary of the board. Under existing law, protection of the public is required to be the highest priority for the Contractors’ State License Board in exercising its licensing, regulatory, and disciplinary functions. +Under existing law, the Division of Occupational Safety and Health has the power, jurisdiction, and supervision over every employment and place of employment in this state, which is necessary to adequately enforce and administer all laws and lawful standards and orders, or special orders requiring such employment and place of employment to be safe, and requiring the protection of the life, safety, and health of every employee in such employment or place of employment. Existing law requires the division to transmit to the Registrar of Contractors copies of any reports made in any investigation, as specified, and authorizes the division, upon its own motion or upon request, to transmit copies of any other reports made in any investigation conducted involving a licensed contractor. +This bill would instead require the Division of Occupational Safety and Health, after consultation with the board, to transmit to the board copies of any citations or other actions taken by the division against a contractor, as defined. The bill would authorize the board to enter into an interagency agreement with any other state or local agency the board deems to be in possession of information relevant to its priority to protect the public. +This bill would require a licensee to report to the registrar within 90 days of the date that the licensee has knowledge of the conviction of the licensee for any felony or any other crime substantially related to the qualifications, functions, and duties of a licensed contractor. +This bill would require the board to consult with licensees, consumers, and other interested stakeholders in order to prepare a study of judgments, arbitration awards, and settlements that were the result of claims for construction defects for rental residential units and, by January 1, 2018, report to the Legislature the results of the study to determine if the board’s ability to protect the public would be enhanced by regulations requiring licensees to report judgments, arbitration awards, or settlement payments of those claims. This bill would specify that participation in the study by licensees and consumers is voluntary. The bill would require records or documents obtained by the board during the course of implementing this study that are exempt from public disclosure to remain exempt from disclosure. +(2) Under existing law, there exists the California Building Standards Commission. Existing law requires the California Building Standards Commission to, among other things, review the standards of adopting state agencies and approve, return for amendment with recommended changes, or reject building standards submitted to the commission for its approval, as provided. +This bill, until January 1, 2018, would require the working group formed by the California Building Standards Commission to study recent exterior elevated element failures in the state to submit a report to the appropriate policy committees of the Legislature containing any findings and possible recommendations for statutory or other changes to the California Building Standards Code and would require the working group to review related documents and reports, as specified. However, if, at any time, it is determined by the working group that one or more changes to the California Building Standards Code are needed as soon as possible in order to protect the public, the bill would, until January 1, 2018, require the working group to submit the recommended changes to the California Building Standards Commission for consideration as soon as possible, as specified. +(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to add Sections 7021 and 7071.18 to the Business and Professions Code, to add and repeal Section 18924.5 of the Health and Safety Code, and to amend Section 6313.5 of the Labor Code, relating to building construction." +129,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2701 of the Business and Professions Code is amended to read: +2701. +(a) There is in the Department of Consumer Affairs the Board of Registered Nursing consisting of nine members. +(b) For purposes of this chapter, “board,” or “the board,” refers to the Board of Registered Nursing. Any reference in state law to the Board of Nurse Examiners of the State of California or the California Board of Nursing Education and Nurse Registration shall be construed to refer to the Board of Registered Nursing. +(c) The board shall have all authority vested in the previous board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board. +(d) This section shall remain in effect only until January 1, 2018, and as of that date, is repealed, unless a later enacted statute that is enacted before January 1, 2018, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. +SEC. 2. +Section 2708 of the Business and Professions Code is amended to read: +2708. +(a) The board shall appoint an executive officer who shall perform the duties delegated by the board and who shall be responsible to it for the accomplishment of those duties. +(b) The executive officer shall be a nurse currently licensed under this chapter and shall possess other qualifications as determined by the board. +(c) The executive officer shall not be a member of the board. +(d) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. +SEC. 3. +Section 2718 is added to the Business and Professions Code, to read: +2718. +(a) (1) By February 1, 2016, the board shall contract with the office to conduct a performance audit of the board’s enforcement program. The board shall reimburse the office for the cost of the performance audit. The office shall report the results of the audit, with any recommendations, to the Governor, the department, and the appropriate policy committees of the Legislature by January 1, 2017. +(2) The performance audit shall include, but not be limited to, an evaluation of all the following: +(A) The quality and consistency of, and compliance with, complaint processing and investigation. +(B) The consistency and adequacy of the application of board sanctions or discipline imposed on licensees. +(C) The accuracy and consistency in implementing the laws and rules affecting discipline, including adherence to the Division of Investigation Case Acceptance Guidelines (Consumer Protection Enforcement Initiative Model), as revised July 1, 2014. +(D) The timeframes for completing complaint processing, investigation, and resolution. +(E) Staff concerns regarding licensee disciplinary matters or procedures. +(F) The appropriate utilization of licensed professionals to investigate complaints. +(G) The adequacy of the board’s cooperation with other state agencies charged with enforcing related laws and regulations regarding nurses. +(H) Any existing backlog, the reason for the backlog, and the timeframe for eliminating the backlog. +(I) The adequacy of board staffing, training, and fiscal resources to perform its enforcement functions. +(b) Board staff and management shall cooperate with the office and shall provide the office with access to data, case files, employees, and information as the office may, in its discretion, require for the purposes of this section. +(c) For the purposes of this section, “office” means the California State Auditor’s Office. +SEC. 4. +Section 2736.5 of the Business and Professions Code is repealed. +SEC. 5. +Section 2786 of the Business and Professions Code is amended to read: +2786. +(a) An approved school of nursing, or an approved nursing program, is one that has been approved by the board, gives the course of instruction approved by the board, covering not less than two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, “institution of higher education” includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level master’s degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code). +(b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved. +(c) The board shall determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse and shall include the minimum units of theory and clinical experience necessary to achieve essential clinical competency at the entry level of the registered nurse. The board’s regulations shall be designed to require all schools to provide clinical instruction in all phases of the educational process, except as necessary to accommodate military education and experience as specified in Section 2786.1. +(d) The board shall perform or cause to be performed an analysis of the practice of the registered nurse no less than every five years. Results of the analysis shall be utilized to assist in the determination of the required subjects of instruction, validation of the licensing examination, and assessment of the current practice of nursing. +SEC. 6. +Section 2786.1 is added to the Business and Professions Code, to read: +2786.1. +(a) The board shall deny the application for approval made by, and shall revoke the approval given to, any school of nursing that does not give student applicants credit in the field of nursing for military education and experience by the use of challenge examinations or other methods of evaluation. +(b) The board shall adopt regulations by January 1, 2017, requiring schools to have a process to evaluate and grant credit for military education and experience. The regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The word “credit,” as used in this subdivision, is limited to credit for licensure only. The board is not authorized to prescribe the credit that an approved school of nursing shall give toward an academic certificate or degree. +(c) The board shall review a school’s policies and practices regarding granting credit for military education and experience at least once every five years to ensure consistency in evaluation and application across schools. The board shall post on its Internet Web site information related to the acceptance of military coursework and experience at each approved school.","The Nursing Practice Act provides for the licensure and regulation of registered nurses by the Board of Registered Nursing within the Department of Consumer Affairs. Existing law requires the board to appoint an executive officer to perform duties delegated by the board. Existing law repeals those provisions establishing the board and the executive officer position on January 1, 2016. +This bill would extend the repeal date to January 1, 2018. +The act authorizes the board to take disciplinary action against a certified or licensed nurse or to deny an application for a certificate or license for certain reasons, including unprofessional conduct. Existing law establishes the California State Auditor’s Office, which is headed by the California State Auditor, to conduct financial and performance audits as directed by statute. +This bill would require the board, by February 1, 2016, to contract with the California State Auditor’s Office to conduct a performance audit of the board’s enforcement program, as specified. The bill would require the board to reimburse the office for the cost of the performance audit. The bill would require the office to report the results of the audit to the Governor, the department, and the appropriate policy committees of the Legislature by January 1, 2017. The bill would require the board’s staff and management to cooperate with the office and provide the office with access to data, case files, employees, and information. +The act authorizes any person who has served on active duty in the medical corps of the Armed Forces of the United States and who successfully completed the course of instruction to qualify him or her for rating as a medical service technician—independent duty, or other equivalent rating, and whose service in the Armed Forces was under honorable conditions to submit the record of that training to the board for evaluation. The act requires the board to grant a license to that person if he or she meets specified qualifications and the board determines that his or her education would give reasonable assurance of competence to practice as a registered nurse in this state. The act requires the board to maintain records of those applicants, including, but not limited to, applicants who are rejected from examination. +This bill would repeal those provisions. +The act requires the board to maintain a list of approved schools or programs of nursing in this state, as specified, and provides that an approved school or program of nursing is one that has been approved by the board and meets certain academic requirements. The act requires the board to deny an application for approval of, and to revoke the approval given to, any school of nursing that does not give student applicants credit for previous education and the opportunity to obtain credit for other acquired knowledge by the use of challenge examinations or other methods of evaluation. +This bill would require the board to deny or revoke approval of a school of nursing that does not give student applicants credit in the field of nursing for military education and experience by the use of challenge examinations or other methods of evaluation. The bill would require the board, by January 1, 2017, to adopt regulations requiring schools seeking approval to have a process to evaluate and grant credit, as defined, for military education and experience. The bill would require the board to review a school’s policies and practices regarding granting credit for military education and experience at least once every 5 years to ensure consistency in evaluation and application across schools. The bill would require the board to post on its Internet Web site information related to the acceptance of military coursework and experience at each approved school.","An act to amend Sections 2701, 2708, and 2786 of, to add Sections 2718 and 2786.1 to, and to repeal Section 2736.5 of, the Business and Professions Code, relating to nursing." +130,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 312.2 is added to the Business and Professions Code, to read: +312.2. +(a) The Attorney General shall submit a report to the department, the Governor, and the appropriate policy committees of the Legislature on or before January 1, 2018, and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal year for each constituent entity within the department represented by the Licensing Section and Health Quality Enforcement Section of the Office of the Attorney General: +(1) The number of accusation matters referred to the Attorney General. +(2) The number of accusation matters rejected for filing by the Attorney General. +(3) The number of accusation matters for which further investigation was requested by the Attorney General. +(4) The number of accusation matters for which further investigation was received by the Attorney General. +(5) The number of accusations filed by each constituent entity. +(6) The number of accusations a constituent entity withdraws. +(7) The number of accusation matters adjudicated by the Attorney General. +(b) The Attorney General shall also report all of the following for accusation matters adjudicated within the previous fiscal year for each constituent entity of the department represented by the Licensing Section and Health Quality Enforcement Section: +(1) The average number of days from the Attorney General receiving an accusation referral to when an accusation is filed by the constituent entity. +(2) The average number of days to prepare an accusation for a case that is rereferred to the Attorney General after further investigation is received by the Attorney General from a constituent entity or the Division of Investigation. +(3) The average number of days from an agency filing an accusation to the Attorney General transmitting a stipulated settlement to the constituent entity. +(4) The average number of days from an agency filing an accusation to the Attorney General transmitting a default decision to the constituent entity. +(5) The average number of days from an agency filing an accusation to the Attorney General requesting a hearing date from the Office of Administrative Hearings. +(6) The average number of days from the Attorney General’s receipt of a hearing date from the Office of Administrative Hearings to the commencement of a hearing. +(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. +SEC. 2. +Section 328 is added to the Business and Professions Code, to read: +328. +(a) In order to implement the Consumer Protection Enforcement Initiative of 2010, the director, through the Division of Investigation, shall implement “Complaint Prioritization Guidelines” for boards to utilize in prioritizing their respective complaint and investigative workloads. The guidelines shall be used to determine the referral of complaints to the division and those that are retained by the health care boards for investigation. +(b) The Medical Board of California shall not be required to utilize the guidelines implemented pursuant to subdivision (a). +SEC. 3. +Section 5000 of the Business and Professions Code is amended to read: +5000. +(a) There is in the Department of Consumer Affairs the California Board of Accountancy, which consists of 15 members, 7 of whom shall be licensees, and 8 of whom shall be public members who shall not be licentiates of the board or registered by the board. The board has the powers and duties conferred by this chapter. +(b) The Governor shall appoint four of the public members, and the seven licensee members as provided in this section. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint two public members. In appointing the seven licensee members, the Governor shall appoint individuals representing a cross section of the accounting profession. +(c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +(d) Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. However, the review of the board shall be limited to reports or studies specified in this chapter and those issues identified by the appropriate policy committees of the Legislature and the board regarding the implementation of new licensing requirements. +SEC. 4. +Section 5015.6 of the Business and Professions Code is amended to read: +5015.6. +The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter. +This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 5. +Section 5100.5 is added to the Business and Professions Code, to read: +5100.5. +(a) After notice and hearing the board may, for unprofessional conduct, permanently restrict or limit the practice of a licensee or impose a probationary term or condition on a license, which prohibits the licensee from performing or engaging in any of the acts or services described in Section 5051. +(b) A licensee may petition the board pursuant to Section 5115 for reduction of penalty or reinstatement of the privilege to engage in the service or act restricted or limited by the board. +(c) The authority or sanctions provided by this section are in addition to any other civil, criminal, or administrative penalties or sanctions provided by law, and do not supplant, but are cumulative to, other disciplinary authority, penalties, or sanctions. +(d) Failure to comply with any restriction or limitation imposed by the board pursuant to this section is grounds for revocation of the license. +(e) For purposes of this section, both of the following shall apply: +(1) “Unprofessional conduct” includes, but is not limited to, those grounds for discipline or denial listed in Section 5100. +(2) “Permanently restrict or limit the practice of” includes, but is not limited to, the prohibition on engaging in or performing any attestation engagement, audits, or compilations. +SEC. 6. +Section 7000.5 of the Business and Professions Code is amended to read: +7000.5. +(a) There is in the Department of Consumer Affairs a Contractors’ State License Board, which consists of 15 members. +(b) Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. +(c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 7. +Section 7011 of the Business and Professions Code is amended to read: +7011. +(a) The board, by and with the approval of the director, shall appoint a registrar of contractors and fix his or her compensation. +(b) The registrar shall be the executive officer and secretary of the board and shall carry out all of the administrative duties as provided in this chapter and as delegated to him or her by the board. +(c) For the purpose of administration of this chapter, there may be appointed a deputy registrar, a chief reviewing and hearing officer, and, subject to Section 159.5, other assistants and subordinates as may be necessary. +(d) Appointments shall be made in accordance with the provisions of civil service laws. +(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 8. +Section 7067.5 of the Business and Professions Code is repealed. +SEC. 9. +Section 7071.6 of the Business and Professions Code is amended to read: +7071.6. +(a) The board shall require as a condition precedent to the issuance, reinstatement, reactivation, renewal, or continued maintenance of a license, that the applicant or licensee file or have on file a contractor’s bond in the sum of fifteen thousand dollars ($15,000). +(b) Excluding the claims brought by the beneficiaries specified in subdivision (a) of Section 7071.5, the aggregate liability of a surety on claims brought against a bond required by this section shall not exceed the sum of seven thousand five hundred dollars ($7,500). The bond proceeds in excess of seven thousand five hundred dollars ($7,500) shall be reserved exclusively for the claims of the beneficiaries specified in subdivision (a) of Section 7071.5. However, nothing in this section shall be construed so as to prevent any beneficiary specified in subdivision (a) of Section 7071.5 from claiming or recovering the full measure of the bond required by this section. +(c) No bond shall be required of a holder of a license that has been inactivated on the official records of the board during the period the license is inactive. +(d) Notwithstanding any other law, as a condition precedent to licensure, the board may require an applicant to post a contractor’s bond in twice the amount required pursuant to subdivision (a) until the time that the license is renewed, under the following conditions: +(1) The applicant has either been convicted of a violation of Section 7028 or has been cited pursuant to Section 7028.7. +(2) If the applicant has been cited pursuant to Section 7028.7, the citation has been reduced to a final order of the registrar. +(3) The violation of Section 7028, or the basis for the citation issued pursuant to Section 7028.7, constituted a substantial injury to the public.","Existing law provides for the licensure and regulation of various professions and vocations by boards, bureaus, commissions, divisions, and other agencies within the Department of Consumer Affairs. Existing law requires an agency within the department to investigate a consumer accusation or complaint against a licensee and, where appropriate, the agency is authorized to impose disciplinary action against a licensee. Under existing law, an agency within the department may refer a complaint to the Attorney General or Office of Administrative Hearings for further action. +This bill would require the Attorney General to submit a report to the department, the Governor, and the appropriate policy committees of the Legislature, on or before January 1, 2018, and on or before January 1 of each subsequent year, that includes specified information regarding the actions taken by the Attorney General pertaining to accusation matters relating to consumer complaints against a person whose profession or vocation is licensed by an agency within the department. +Existing law creates the Division of Investigation within the department and requires investigators who have the authority of peace officers to be in the division to investigate the laws administered by the various boards comprising the department or commence directly or indirectly any criminal prosecution arising from any investigation conducted under these laws. +This bill would, in order to implement the Consumer Protection Enforcement Initiative of 2010, require the Director of Consumer Affairs, through the Division of Investigation, to implement “Complaint Prioritization Guidelines” for boards to utilize in prioritizing their complaint and investigative workloads and to determine the referral of complaints to the division and those that are retained by the health care boards for investigation. The bill would exempt the Medical Board of California from required utilization of these guidelines. +Under existing law, the California Board of Accountancy within the department is responsible for the licensure and regulation of accountants and is required to designate an executive officer. Existing law repeals these provisions on January 1, 2016. +This bill would extend the repeal date to January 1, 2020. +Existing law authorizes the California Board of Accountancy, after notice and hearing, to revoke, suspend, or refuse to renew any permit or certificate, as specified, or to censure the holder of that permit or certificate for unprofessional conduct. +This bill would additionally authorize the board, after notice and hearing, to permanently restrict or limit the practice of a licensee or impose a probationary term or condition on a license for unprofessional conduct. This bill would authorize a licensee to petition the board for reduction of a penalty or reinstatement of the privilege, as specified, and would provide that failure to comply with any restriction or limitation imposed by the board is grounds for revocation of the license. +Under existing law, the Contractors’ State License Law, the Contractors’ State License Board is responsible for the licensure and regulation of contractors and is required to appoint a registrar of contractors. Existing law repeals these provisions establishing the board and requiring it to appoint a registrar on January 1, 2016. +This bill would extend these repeal dates to January 1, 2020. +Existing law requires every applicant for an original contractor’s license, the reactivation of an inactive license, or the reissuance or reinstatement of a revoked license to evidence financial solvency, as specified, and requires the registrar to deny the application of any applicant who fails to comply with that requirement. Existing law, as a condition precedent to the issuance, reinstatement, reactivation, renewal, or continued maintenance of a license, requires the applicant or licensee to file or have on file a contractor’s bond in the sum of $12,500. +This bill would repeal that evidence of financial solvency requirement and would instead require that bond to be in the sum of $15,000.","An act to amend Sections 5000, 5015.6, 7000.5, 7011, and 7071.6 of, to add Sections 312.2, 328, and 5100.5 to, and to repeal Section 7067.5 of, the Business and Professions Code, relating to professions and vocations." +131,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 18602 of the Business and Professions Code is amended to read: +18602. +(a) Except as provided in this section, there is in the Department of Consumer Affairs the State Athletic Commission, which consists of seven members. Five members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly. +The members of the commission appointed by the Governor are subject to confirmation by the Senate pursuant to Section 1322 of the Government Code. +No person who is currently licensed, or who was licensed within the last two years, under this chapter may be appointed or reappointed to, or serve on, the commission. +(b) In appointing commissioners under this section, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall make every effort to ensure that at least four of the members of the commission shall have experience and demonstrate expertise in one of the following areas: +(1) A licensed physician or surgeon having expertise or specializing in neurology, neurosurgery, head trauma, or sports medicine. Sports medicine includes, but is not limited to, physiology, kinesiology, or other aspects of sports medicine. +(2) Financial management. +(3) Public safety. +(4) Past experience in the activity regulated by this chapter, either as a contestant, a referee or official, a promoter, or a venue operator. +(c) Each mction renders the board subject to review by the appropriate policy committees of the Legislature. +SEC. 2. +Section 18613 of the Business and Professions Code is amended to read: +18613. +(a) (1) The commission shall appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in him or her by this chapter. The appointment of the executive officer is subject to the approval of the Director of Consumer Affairs. +(2) The commission may employ in accordance with Section 154 other personnel as may be necessary for the administration of this chapter. +(b) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 3. +Section 18645 of the Business and Professions Code is amended to read: +18645. +(a) There is hereby created within the jurisdiction of the State Athletic Commission an Advisory Committee on Medical and Safety Standards. +(b) The committee shall consist of six licensed physicians and surgeons appointed by the commission. The commission may call meetings of those physicians and surgeons at such times and places as it deems appropriate for the purpose of studying and recommending medical and safety standards for the conduct of boxing, wrestling, and martial arts contests. +(c) It shall require a majority vote of the commission to appoint a person to the committee. Each appointment shall be at the pleasure of the commission for a term not to exceed four years. +(d) A majority of the appointed members of the committee shall constitute a quorum for the purposes of meeting. +SEC. 4. +Section 18649 is added to the Business and Professions Code, to read: +18649. +(a) The administration or use of any drugs, alcohol, stimulants, or injections in any part of the body or the use of any prohibited substance specified in the Prohibited List of the World Anti-Doping Code, as adopted by the World Anti-Doping Agency, by a professional or amateur boxer or martial arts fighter licensed by the commission shall be prohibited. The commission, in its discretion and pursuant to regulations adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), may determine the necessity of exemptions to this section for certain licensees. +(b) The commission may conduct testing at any time during the period of licensure for a professional or amateur boxer or martial arts fighter licensed by the commission to ensure compliance with subdivision (a). +(c) The commission may collect blood and urine specimens from a professional or amateur boxer or martial arts fighter licensed by the commission to detect the presence of any prohibited substances. Collection of specimens shall be done in the presence of authorized commission personnel. +(d) A professional or amateur boxer or martial arts fighter licensed by the commission, for which the presence of a prohibited substance is detected through testing by the commission, shall be in violation of this section and subject to the penalties described in Section 18843. +SEC. 5. +Section 18843 of the Business and Professions Code is amended to read: +18843. +(a) In addition to its authority under other provisions of this chapter to take action against a licensee, the commission, its executive officer, or his or her duly authorized representative shall have the authority to assess fines not to exceed two thousand five hundred dollars ($2,500) for each violation of any of the provisions of this chapter or any of the rules and regulations of the commission. +(b) Notwithstanding any other provision, the commission may also assess a fine of up to 40 percent of the total purse for a violation of Section 18649 related to the use of prohibited substances. +(c) Fines may be assessed without advance hearing, but the licensee may apply to the commission for a hearing on the matter if the fine should be modified or set aside. This application for a hearing shall be in writing and shall be received by the commission within 30 days after service of notice of the fine. Upon receipt of this written request, the commission shall set the matter for hearing within 30 days. +SEC. 6. +Section 18852 of the Business and Professions Code is amended and renumbered to read: +18851. +A manager of a boxer or martial arts fighter shall maintain an accurate annual record showing all of the following with respect to each contest in which the boxer or martial arts fighter has participated: +(a) Training expenses. +(b) Amount of money actually paid to the contestant. +(c) Amount of money which the manager received from the purse. +(d) Amount of money owed to the manager by the contestant. +The manager’s record shall be supported by documentation, shall be made available to both the fighter under contract and the commission upon request, and shall be kept in the manager’s possession for a period of five years from the transaction. +SEC. 7. +Section 18853 of the Business and Professions Code is amended and renumbered to read: +18852. +No fighter shall be paid before a contest, except that a promoter may, with the written approval of the commission, advance to the fighter before the contest, up to one thousand dollars ($1,000) plus any necessary transportation and living expenses. However, such advance, except necessary transportation and living expenses, shall not exceed 20 percent of the fighter’s purse. +SEC. 8. +Section 18854 of the Business and Professions Code is amended and renumbered to read: +18853. +No fighter, nor his or her manager, shall be paid for the services of the fighter except in the presence of an authorized commission representative. The commission representative shall report to the executive officer any payment made contrary to the provisions of the contract on file with the commission. +SEC. 9. +Section 18855 of the Business and Professions Code is amended and renumbered to read: +18854. +Any official who fails to enforce the provisions of this act or the commission’s rules and regulations shall be subject to disciplinary action. +SEC. 10. +Section 18855 is added to the Business and Professions Code, to read: +18855. +The commission shall recognize and enforce contracts between boxers or martial arts fighters and managers and between boxers or martial arts fighters and licensed clubs. Contracts shall be executed on printed forms approved by the commission. The commission may recognize or enforce a contract not on its printed form if entered into in another jurisdiction. No other contract or agreement may be recognized or enforced by the commission. All disputes between the parties to the contract, including the validity of the contract, shall be arbitrated by the commission pursuant to the provisions of the contract. Subject to Section 227 of Title 4 of the California Code of Regulations, a person who seeks arbitration of a contract shall send a written request to the commission’s headquarters and to the office of the Attorney General. The commission may seek cost recovery related to arbitration proceedings from the parties subject to the proceedings. +SEC. 11. +Section 18860 of the Business and Professions Code is amended and renumbered to read: +18856. +(a) The commission, the executive officer, or authorized representative shall have power to order a promoter to withhold any purse, any part thereof, any receipts or other funds owing or payable to any contestant, or the share thereof of any manager, if, in his or her judgment, it should appear that the contestant is not competing honestly, or is intentionally not competing to the best of his or her ability, or if it should appear that the contestant, manager, or any seconds have violated any provision of this act, or the rules and regulations adopted by the commission. +(b) Any purse, or portion thereof, so withheld, shall be delivered by the promoter to the commission upon demand. Any contestant claiming the money withheld shall within 10 days after the end of the contest apply in writing to the commission for a hearing, the commission shall fix a date for the hearing, and after the hearing determines the disposition to be made of the money held by the commission. +(c) If no application for a hearing is filed within the time prescribed the commission shall meet and determine the disposition to be made of the money held by the commission. +(d) This section does not apply to any exhibition where the participants are not competing to the best of their ability. +SEC. 12. +Section 18861 of the Business and Professions Code is amended and renumbered to read: +18857. +The commission, the executive officer, or authorized representative shall have the power to order a promoter to withhold 10 percent of the total purse payable to a contestant if the manager of the contestant does not present an itemized statement of expenses incurred in connection with the contest. The money so withheld shall be paid to the commission and held in trust for payment to the contestant or his or her manager, upon presentation by the manager to the commission of the itemized statement of expenses. +SEC. 13. +Section 18865 of the Business and Professions Code is amended and renumbered to read: +18858. +Any licensee who directly or indirectly holds, participates in, aids, or abets any sham or fake contest or match shall be subject to disciplinary action. +This section does not apply to any exhibition. +SEC. 14. +Section 18868 of the Business and Professions Code is amended and renumbered to read: +18859. +(a) The commission shall have the authority to obtain and review criminal history information to determine whether an applicant or licensee has been convicted of any offense or has been arrested for any offense for which disposition is still pending. A conviction, or a plea of guilty or nolo contendere to an offense, may be cause to deny an application or take disciplinary action against a licensee dependent on the relevancy of the offense to the licensed activity. +(b) The commission may require applicants to submit two sets of fingerprints which shall be furnished to the Department of Justice. Upon the request of the commission, the Department of Justice shall submit one set of the fingerprints to the Federal Bureau of Investigation to obtain a copy of the Federal Bureau of Investigation’s record and shall retain one set to search the California criminal history system. +SEC. 15. +Section 18869 of the Business and Professions Code is amended and renumbered to read: +18860. +Nothing in this chapter shall prevent any county, city, or city and county from prohibiting the holding or participating in any contest, match, or exhibition. +SEC. 16. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, the State Athletic Commission Act, the State Athletic Commission has jurisdiction over all professional and amateur boxing, professional and amateur kickboxing, all forms and combinations of forms of full contact martial arts contests, including mixed martial arts, and matches or exhibitions conducted, held, or given within this state. A violation of the act is a crime. Existing law requires the commission to appoint an executive officer. Existing law repeals these provisions establishing the commission and authorizing it to appoint an executive officer on January 1, 2016. +This bill would extend those repeal dates to January 1, 2020. +Existing law requires the Advisory Committee on Medical and Safety Standards to consist of 6 licensed physicians and surgeons appointed by the commission and authorizes the commission to call meetings at such times and places as it deems appropriate for the purpose of studying and recommending medical and safety standards for the conduct of boxing, wrestling, and martial arts contests. +This bill would provide that a majority of the appointed members of the committee constitutes a quorum for the purposes of those meetings. +Existing regulation prohibits the administration or use of any drugs, alcohol or stimulants, or injections in any part of the body, either before or during a match, to or by any boxer. Under existing regulation, a person who applies for or holds a license as a professional boxer and who has at any time had a positive drug test confirmed by any commission for any specified substance is required as a condition of licensure or renewal to provide a urine specimen. Further, under existing regulation, a licensed boxer is required to provide a urine specimen for drug testing either before or after the bout, as directed by the commission. +This bill would prohibit the administration or use of any drugs, alcohol, stimulants, or injections in any part of the body or the use of any specified prohibited substances by a professional or amateur boxer or martial arts fighter licensed by the commission. Because a violation of this prohibition would be a crime, the bill would impose a state-mandated local program. The bill would authorize the commission, subject to the adoption of regulations, to determine the necessity of exemptions to that prohibition. The bill would authorize the commission to conduct testing at any time during the period of licensure to ensure compliance with the prohibition, as provided. The bill would make a licensee in violation of the prohibition subject to a fine of up to 40% of the value of the total purse. +Under existing regulation, contracts between boxers and managers and between boxers or managers and licensed clubs are required to be executed on printed forms approved by the commission. Existing regulation authorizes the commission to recognize or enforce a contract not on its printed form if entered into in another jurisdiction. Existing regulation prohibits no other contract or agreement from being recognized or enforced by the commission. Under existing regulation, all disputes between the parties to the contract, including the validity of the contract, are required to be arbitrated pursuant to the provisions of the contract. Under existing regulation, a person who seeks arbitration of a contract dispute is required to send a written request for arbitration to the commission and to the office of the Attorney General, as specified. +This bill would codify these regulatory provisions in statute and would authorize the commission to recover the costs for the arbitration from the parties subject to the arbitration. +This bill would renumber various enforcement provisions and would make other nonsubstantive changes. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 18602, 18613, 18645, and 18843 of, to amend and renumber Sections 18852, 18853, 18854, 18855, 18860, 18861, 18865, 18868, and 18869 of, and to add Sections 18649 and 18855 to, the Business and Professions Code, relating to professions and vocations." +132,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) Water and energy resources are inextricably connected. This relationship is known as the water-energy nexus. +(A) The energy used to drive California’s water system, including, but not limited to, the fuels used to power groundwater pumps, transportation, treatment and disposal systems for water and wastewater, heating and cooling of water in buildings and other facilities, the delivery of water, and end uses, accounts for nearly 20 percent of the total electricity usage and 30 percent of nonpower-related natural gas consumed, and there are known gaps in quantifying greenhouse gas emissions associated with that energy use. +(B) The water used to drive California’s energy system, including, but not limited to, the water used to turn turbines for hydropower, to produce steam and cooling systems for thermoelectric power, and to extract and refine oil and gas, represents a substantial portion of our state water demand. +(C) Consequently, saving water saves energy, and vice versa. +(D) Because the production of energy often results in the emission of greenhouse gases, there is substantial potential for emission reductions in the water system. +(2) While energy use has historically been a fundamental element in the planning and development of California’s water supply systems, there are new opportunities for improving this linkage to reduce water-related greenhouse gas emissions. New projects that best serve water and energy investments can maximize greenhouse gas emissions reductions. +(b) It is the intent of the Legislature, in enacting this act, to: +(1) More closely integrate the planning for water, energy, and greenhouse gas emissions. +(2) Enable opportunities for innovative projects and programs that reduce the greenhouse gas intensity of our water system in order to access eligible funds. +SEC. 2. +Section 39712 of the Health and Safety Code is amended to read: +39712. +(a) (1) It is the intent of the Legislature that moneys shall be appropriated from the fund only in a manner consistent with the requirements of this chapter and Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code. +(2) The state shall not approve allocations for a measure or program using moneys appropriated from the fund except after determining, based on the available evidence, that the use of those moneys furthers the regulatory purposes of Division 25.5 (commencing with Section 38500) and is consistent with law. If any expenditure of moneys from the fund for any measure or project is determined by a court to be inconsistent with law, the allocations for the remaining measures or projects shall be severable and shall not be affected. +(b) Moneys shall be used to facilitate the achievement of reductions of greenhouse gas emissions in this state consistent with Division 25.5 (commencing with Section 38500) and, where applicable and to the extent feasible: +(1) Maximize economic, environmental, and public health benefits to the state. +(2) Foster job creation by promoting in-state greenhouse gas emissions reduction projects carried out by California workers and businesses. +(3) Complement efforts to improve air quality. +(4) Direct investment toward the most disadvantaged communities and households in the state. +(5) Provide opportunities for businesses, public agencies, nonprofits, and other community institutions to participate in and benefit from statewide efforts to reduce greenhouse gas emissions. +(6) Lessen the impacts and effects of climate change on the state’s communities, economy, and environment. +(c) Moneys appropriated from the fund may be allocated, consistent with subdivision (a), for the purpose of reducing greenhouse gas emissions in this state through investments that may include, but are not limited to, any of the following: +(1) Funding to reduce greenhouse gas emissions through energy efficiency, clean and renewable energy generation, distributed renewable energy generation, transmission and storage, and other related actions, including, but not limited to, at public universities, state and local public buildings, and industrial and manufacturing facilities. +(2) Funding to reduce greenhouse gas emissions through the development of state‑of‑the‑art systems to move goods and freight, advanced technology vehicles and vehicle infrastructure, advanced biofuels, and low‑carbon and efficient public transportation. +(3) Funding to reduce greenhouse gas emissions associated with land and natural resource conservation and management, forestry, sustainable agriculture, and the water sector, including, but not limited to, water use, supply, and treatment. +(4) Funding to reduce greenhouse gas emissions through strategic planning and development of sustainable infrastructure projects, including, but not limited to, transportation and housing. +(5) Funding to reduce greenhouse gas emissions through increased in-state diversion of municipal solid waste from disposal through waste reduction, diversion, and reuse. +(6) Funding to reduce greenhouse gas emissions through investments in programs implemented by local and regional agencies, local and regional collaboratives, and nonprofit organizations coordinating with local governments. +(7) Funding research, development, and deployment of innovative technologies, measures, and practices related to programs and projects funded pursuant to this chapter. +SEC. 3. +Section 25229 is added to the Public Resources Code, to read: +25229. +(a) The commission, in cooperation with the State Water Resources Control Board, the State Air Resources Board, the Public Utilities Commission, and the Department of Water Resources, shall conduct a study of water-related energy use in California. +(b) In conducting the study, the commission shall do all of the following: +(1) Hold at least two workshops to allow input by private and public water agencies and utilities, research institutions, environmental organizations, and other interested stakeholders. +(2) Include any source-specific data, to be anonymized to the extent necessary to protect business confidential information or security sensitive information. +(3) +After considering existing studies and data sources, identify +Identify, after considering existing studies and data sources, +any existing data gaps. +(c) Nothing in this section shall be construed as imposing any new emissions regulations on the entities with which these water-related energy use emissions are associated. +SEC. 4. +Section 189.5 is added to the Water Code, to read: +189.5. +(a) The board, +upon an appropriation of moneys by the Legislature from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, and +in cooperation with the State Energy Resources Conservation and Development Commission, the State Air Resources Board, the Public Utilities Commission, and the Department of Water Resources, shall establish a grant and loan program for water projects that result in the net reduction of water-related greenhouse gas emissions. +(b) Project categories eligible for funding under the program shall include, but need not be limited to, the following: +(1) Precision irrigation. +(2) Infrastructure improvements that will help deliver on-demand water for precision application. +(3) Local water solutions that reduce net energy use, including, but not limited to, water recycling, stormwater capture and reuse, and groundwater cleanup. +(4) Clean energy generation by the water sector. +(5) Leak detection. +(6) Water appliance efficiency. +(7) Water monitoring software. +(c) In order to be eligible for funding under the program, projects shall result in the net reduction of water-related greenhouse gas emissions. +(d) Any public +funds +moneys +made available for the program to private water companies regulated by the Public Utilities Commission shall be used for the benefit of the ratepayers or the public, and not the investors of the companies, and shall be subject to oversight by the Public Utilities Commission. +(e) The board may adopt guidelines and regulations necessary or convenient to implement this section.","The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, commonly known as cap and trade revenues, to be deposited in the Greenhouse Gas Reduction Fund, and to be used, upon appropriation by the Legislature, for specified purposes, including the reduction of greenhouse gas emissions associated with water use and supply. +This bill would include reduction of greenhouse gas emissions associated with water treatment among the investments that are eligible for funding from the Greenhouse Gas Reduction Fund. The bill would also make legislative findings and declarations, and a statement of legislative intent, with regard to the nexus between water and energy and water and reduction of greenhouse gas emissions. +This bill would require the State Energy Resources Conservation and Development Commission, in cooperation with the State Water Resources Control Board, the State Air Resources Board, the Public Utilities Commission, and the Department of Water +Resources +Resources, +to conduct a study of water-related energy use in California. +This bill would require the State Water Resources Control Board, +upon an appropriation from the Greenhouse Gas Reduction Fund and +in cooperation with the State Energy Resources Conservation and Development Commission, the State Air Resources Board, the Public Utilities Commission, and the Department of Water +Resources +Resources, +to establish a grant and loan program for water projects that result in the net reduction of water-related greenhouse gas emissions.","An act to amend Section 39712 of the Health and Safety Code, to add Section 25229 to the Public Resources Code, and to add Section 189.5 to the Water Code, relating to water." +133,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 369 is added to the Penal Code, immediately following Section 368.5, to read: +369. +(a) (1) (A) Upon conviction for a crime involving abuse of an elder adult, as defined in Section 15610.07 of the Welfare and Institutions Code, a person shall register for the remainder of his or her life with all police departments and the sheriff in the county in which the person was convicted and in the county in which he or she resides. +(B) The court shall notify a person required to register pursuant to this section of his or her duty to register at the time of his or her conviction. +(2) (A) If a person described in paragraph (1) does not serve a term of imprisonment as a result of his or her conviction, he or she shall register within five business days of the conviction. +(B) If a person described in paragraph (1) serves a term of imprisonment as a result of his or her conviction, he or she shall register within five business days of his or her release. +(3) (A) A person required to register pursuant to this section shall notify all police departments and the sheriff in the county in which the person was convicted, in the county in which he or she resides, and, if applicable, in which he or she previously resided and was required to register within five business days of moving or changing his or her name. +(B) A person required to register pursuant to this section shall annually renew his or her registration within five business days of his or her birthday. +(b) Upon receipt of a registration pursuant to this section, a police department or county sheriff shall forward the registration information to the Department of Justice. +(c) (1) The Department of Justice shall make available to the public via an Internet Web site the information specified in paragraph (2) concerning persons who are required to register pursuant to this section. The department shall update the Internet Web site on an ongoing basis with information received from police departments and county sheriffs pursuant to this section. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The Internet Web site shall be translated into languages other than English, as determined by the department. +(2) The Department of Justice shall include all of the following information, as to each person required to register pursuant to this section, on the publicly accessible Internet Web site: +(A) The name and address of the registrant. +(B) The offense for which he or she is required to register, including all of the following: +(i) The offense for which he or she was convicted. +(ii) Where the offense occurred, including, but not limited to, the city and, if applicable, the name of the facility at which it occurred. +(iii) The punishment imposed, including, but not limited to, if applicable, his or her date of release from imprisonment for the offense. +(3) (A) A person who uses information disclosed pursuant to this subdivision to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than ten thousand dollars ($10,000), and not more than fifty thousand dollars ($50,000). +(B) A person who uses information disclosed pursuant to this subdivision to commit a felony shall be punished, in addition and consecutive to any other punishment, by a five-year term of imprisonment pursuant to subdivision (h) of Section 1170. +(4) (A) A person may use information disclosed pursuant to this subdivision only to protect a person at risk. +(B) The use of information disclosed pursuant to this subdivision for any purpose other than that provided by subparagraph (A) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorney’s fees, exemplary damages, and a civil penalty not exceeding twenty-five thousand dollars ($25,000). +(d) (1) A person required to register pursuant to this section is not relieved of the duty to register if the person’s conviction is dismissed pursuant to Section 1203.4. +(2) A person required to register pursuant to this section, upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, is relieved of any further duty to register under this section if he or she is not in custody, on parole, or on probation. +(e) A person who is required to register pursuant to this section who willfully violates any requirement of this section is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SECTION 1. +Section 1796.19 of the +Health and Safety Code +is amended to read: +1796.19. +(a)The department shall consider, but is not limited to considering, all of the following when determining whether to approve a registration application: +(1)Evidence satisfactory to the department of the home care aide applicant’s ability to comply with this chapter and the rules and regulations promulgated under this chapter by the department. +(2)Evidence satisfactory to the department that the home care aide applicant is of reputable and responsible character. The evidence shall include, but is not limited to, a review of the independent home care aide applicant’s criminal offender record information pursuant to Section 1522. +(3)Any revocation or other disciplinary action taken, or in the process of being taken, related to the care of individuals against the home care aide applicant. +(4)Any other information that may be required by the department for the proper administration and enforcement of this chapter. +(b)Failure of the home care aide applicant to cooperate with the department in the completion of the Home Care Aide application shall result in the withdrawal of the registration application. “Failure to cooperate” means that the information described in this chapter and by any rules and regulations promulgated under this chapter has not been provided, or has not been provided in the form requested by the department, or both.","Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse, and provides that the purpose of the act is to, among other things, collect information on the number of abuse victims, circumstances surrounding the abuse, and other data. The act defines the term “abuse of an elder or a dependent adult” for its purposes. +Existing law also makes it a crime for a person who knows or reasonably should know that a person is an elder or dependent adult to willfully cause or permit the person or health of the elder or dependent adult to be injured, or willfully cause or permit the elder or dependent adult to be placed in a situation in which his or her person or health is endangered. Existing law specifies penalties for a person who violates any law proscribing theft, embezzlement, forgery, or fraud, or specified identity theft laws, when the victim is an elder or a dependent adult. +This bill would require a person who is convicted for a crime involving the abuse of an elder adult, as defined in the Elder Abuse and Dependent Adult Civil Protection Act, to register for the remainder of his or her life with all police departments and the sheriff in the county in which the person was convicted and in the county in which he or she resides. The bill would require the police department or county sheriff to forward the registration information to the Department of Justice. The bill would require the Department of Justice to maintain a publicly accessible Internet Web site containing certain information concerning persons who are required to register pursuant to these provisions. The bill would make it a crime to use information obtained from the Internet Web site to commit a crime, and would subject a person who uses information obtained from the Internet Web site for any other reason than to protect an at-risk person to civil liability, as specified. The bill would relieve a person from the duty to register pursuant to these provisions if he or she receives a certificate of rehabilitation and he or she is not in custody, on parole, or on probation. The bill would make it a misdemeanor for a person who is required to register pursuant to these provisions to willfully violate any requirements related to registration. By creating new crimes and imposing new duties on local police departments and county sheriffs related to registering individuals convicted of a crime involving the abuse of an elder adult, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. +The Home Care Services Consumer Protection Act, operative January 1, 2016, provides for the registration of home care aides. Existing law requires the State Department of Social Services to consider specified information when determining whether to approve a home care aide’s registration application, including, among other things, evidence satisfactory to the department of the home care aide applicant’s ability to comply with the act and the rules and regulations promulgated by the department under the act. +This bill would make technical, nonsubstantive changes to those provisions.","An act to +amend Section 1796.19 of the Health and Safety Code, relating to public health. +add Section 369 to the Penal Code, relating to elder abuse." +134,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 18897 of the Health and Safety Code is amended to read: +18897. +(a) “Organized camp” means an organized resident camp or an organized day camp that operates seasonally to provide group-based recreation and expanded learning opportunities with social, spiritual, educational, or recreational activities that promote environmental awareness and education. +(1) A group that leases an organized camp for the purpose of conducting a camp for children under 18 years of age shall comply with this part. +(2) An “organized camp” does not include any of the following: +(A) A hotel, motel, tourist camp, trailer park, resort, hunting camp, auto court, labor camp, penal or correctional camp, drug and alcohol resident rehabilitation program, a facility licensed by the state, or a facility subject to occupancy taxes, home-finding agencies, or a licensed child day care facility as defined in Section 1596.750. +(B) A charitable or recreational organization that complies with the rules and regulations for recreational trailer parks. +(C) Sites or programs that are used by adults or groups for counseling, religious retreats, reunions, conferences, and special events on an intermittent, short-term basis of less than four consecutive overnight stays. +(D) Programs offered by +museums, zoos, +cities, counties, +or +special +districts, sports training organizations, gymnastics studios, theater groups, or other physical education-based organizations. +districts. +(b) “Organized resident camp” means a site or sites with programs and facilities established for the primary purposes of providing group living experiences and that provides three or more consecutive overnight stays during one or more seasons of the year, excluding field trips as provided for under subparagraph (B) of paragraph (2) of subdivision (c). +(c) (1) “Organized day camp” means a program that is established for the primary purpose of providing group experiences for children under 18 years of age during the day. +(2) An organized day camp may do all of the following: +(A) Transport campers to parks, beaches, campsites, and other locations for activities. +(B) Provide for offsite field trips for no more than three consecutive days. Any organized day camp that provides offsite field trips for more than two consecutive nights shall be considered an organized resident camp. +(3) An organized day camp shall have adequate staff to carry out the program, including, but not limited to, a qualified program director who has at least two seasons of administrative or supervisory experience at an organized day camp or a youth program. The program director shall be present at all times during the operation of the organized day camp. +(d) “Camper” means any person in an organized camp on a fee or nonfee basis who is a participant in the regular program and training of an organized camp. +(e) Notwithstanding any other law, an organized camp program conducted for children by the YMCA, Girl Scouts of the USA, Boy Scouts of America, Boys and Girls Clubs, Camp Fire USA, or similar organizations shall not be required to be licensed as a child day care center. +SEC. 2. +Section 18897.1 of the Health and Safety Code is repealed. +SEC. 3. +Section 18897.1 is added to the Health and Safety Code, to read: +18897.1. +(a) An organized day camp or an organized resident camp shall do all of the following: +(1) Issue a written notice of intent to operate and develop and submit a written operating plan pursuant to Section 30704 of Title 17 of the California Code of Regulations, or written verification that the camp is accredited by the American Camp Association (ACA), to the local public health officer or his or her designee at least 45 days prior to commencing operation of the camp. Year-round camps shall submit their plans on an annual basis. +(2) For an organized day camp that does not have a fixed location, register with the local public health officer as an organized camp in the county in which its business office is located. +(3) Meet the applicable requirements of Section 30751 of Title 17 of the California Code of Regulations. +(4) Install a carbon monoxide detector in any building intended for human occupancy that has a fossil fuel burning heater or appliance, a fireplace, or an attached garage. +(5) Store all firearms, including rifles, pellet guns, air guns, and bows and arrows, in a locked cabinet designated for this use when those items are not in use for authorized camp activities. The director, or a qualified designee of the director that meets the requirements of subdivision (a) of Section 30751 of Title 17 of the California Code of Regulations, of the organized camp shall maintain possession of the key to this cabinet. +(6) Obtain a permit or authorization pursuant to paragraph (2) of subdivision (b) and post a copy of the permit or authorization on the premises of the organized day camp or organized resident camp and, if applicable, on the Internet Web site of the organized day camp or organized resident camp. +(b) (1) The local public health officer shall acknowledge receipt of the operating plan or verification of accreditation described in paragraph (1) of subdivision (a) within 30 business days of receiving the operating plan or verification of accreditation. +(2) (A) The local public health officer shall issue to an organized day camp or an organized resident camp a permit to operate if both of the following conditions are met: +(i) The written operating plan required pursuant to paragraph (1) of subdivision (a) includes appropriate health and sanitation standards as described in Section 18897.2 or accreditation by the American Camp Association (ACA) is verified. +(ii) The local public health officer or his or her designee has conducted an initial inspection of the premises of the organized day camp or organized resident camp to verify compliance with the appropriate health and sanitation standards. +(B) The local public health officer shall issue to an organized day camp required to register pursuant to paragraph (2) of subdivision (a) authorization to operate upon registration of the organized day camp if the organized day camp meets the requirements of subparagraph (A). +(c) The local public health officer may inspect the organized day camp or organized resident camp and charge a fee for that purpose, not to exceed the reasonable cost of the inspection. The local public health officer shall provide, within 30 days, a summary of any violations of health and safety standards established in the rules and regulations establishing minimum standards for organized camps. +(d) An organized day camp or organized resident camp that has been cited for failing to meet legal requirements may appeal the citation to the local health department. The local health department shall issue a decision on that appeal within 30 business days and that decision shall be final. +(e) The local public health officer, or his or her designee, may, during the organized camp’s hours of operation or at other reasonable times, enter and inspect the premises of the organized camp, issue citations, and secure any samples, photographs, or other evidence from an organized camp or any facility suspected of being an organized camp. +(f) A person alleging health and sanitation violations pursuant to the regulations establishing minimum standards for organized camps may file a complaint, either orally or in writing, with the local public health officer. The local public health officer shall investigate any complaint received. +(g) The local public health officer may charge a fee to recover any necessary costs incurred in administering the provisions of this part relating to organized camp oversight. The fee shall not exceed the actual cost of organized camp oversight and related activities. +SEC. 4. +Section 18897.4 of the Health and Safety Code is amended to read: +18897.4. +(a) +For the purposes of this part, every local health officer shall enforce within his or her jurisdiction the building standards published in the State Building Standards Code relating to organized +resident +camps and the other rules and regulations adopted by the State Public Health Officer pursuant to Section 18897.2. A local public health officer may, for the purposes of complying with this +section, contract with +subdivision, delegate responsibility to +the Office of the State Architect or any other public agency or private organization for the review of design and performance of inspection of construction of camp buildings and structures, as specified in Section 30720 of Title 17 of the California Code of Regulations. +(b) For organized day camps, a local public health officer shall enforce within his or her jurisdiction the health and sanitation requirements for a permit or authorization pursuant to Section 18897.1. +SEC. 5. +Section 18897.8 is added to the Health and Safety Code, immediately following Section 18897.7, to read: +18897.8. +The State Department of Public Health, in adopting or amending the rules and regulations pertaining to organized day camps and organized resident camps under this part, shall make reasonable efforts to obtain the input and advice of organizations in the field. All costs incurred by the participating organizations shall be borne by the organizations themselves. The department shall implement this section in the most cost-effective manner deemed feasible. +SEC. 6. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the State Public Health Officer to establish rules and regulations establishing minimum standards for organized camps, and regulations governing the operation of organized camps that he or she determines are necessary to protect the health and safety of the campers. Existing law establishes minimum standards for the operation, regulation, and enforcement of organized camps, as defined. +This bill would recast those provisions and instead define an “organized camp” to include an “organized resident camp” and an “organized day camp,” as specified, that provides activities that promote environmental awareness and education. +This bill would exclude from “organized camps” physical education-based organizations, gymnastics studios, sports training organizations, and theatre programs, among others. +The bill would require the included camps to issue a written notice of intent to +operate and to +operate, +develop a written operating +plan +plan, +and submit the plan, or written verification that the camp is accredited by the American Camp Association, to the local public health officer at least 45 days prior to commencing operation of the camp. The bill would also require those camps to comply with applicable safety and supervision requirements relating to camp directors and counselors, install a carbon monoxide detector in specified buildings, and store firearms in a locked storage cabinet when not in use, as specified. The bill would also require those camps to obtain a permit to operate, or, for an organized day camp that does not have a fixed location, to register with the local public health officer and receive authorization to operate, from the local public health officer, and to post the permit or authorization, as specified. +The bill would authorize the local public health officer to inspect the camp and charge fees for camp oversight activities. The bill would also authorize a person alleging health and sanitation violations to file a complaint with the local public health officer, and to require the local public health officer to investigate. The bill would also require the State Department of Public Health, in adopting or amending the rules and regulations pertaining to organized camps, to make reasonable efforts to obtain the input and advice of prescribed organizations. +Because this bill would impose additional duties upon local public health officers in cities and counties, it would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to amend Sections 18897 and 18897.4 of, to add Section 18897.8 to, and to repeal and add Section 18897.1 of, the Health and Safety Code, relating to housing." +135,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11166.02 is added to the Penal Code, to read: +11166.02. +(a) A county welfare agency, as determined in Section 10612.5 of the Welfare and Institutions Code, may develop a pilot program for Internet-based reporting of child abuse and neglect. The pilot program may receive reports by mandated reporters, as specified in paragraph (5), of suspected child abuse or neglect and shall meet all of the following conditions: +(1) The suspected child abuse or neglect does not indicate that the child is subject to an immediate risk of abuse, neglect, or exploitation or that the child is in imminent danger of severe harm or death. +(2) The agency provides an Internet form that includes standardized safety assessment qualifying questions in order to obtain necessary information required to assess the need for child welfare services and a response. The State Department of Social Services shall provide guidance through written directives to counties participating in the pilot program to incorporate qualifying questions in the online report that would indicate the need to redirect the mandated reporter to perform a telephone report. +(3) The mandated reporter is required to complete all required fields, including identity and contact information of the mandated reporter, in order to submit the report. +(4) The agency provides an Internet-based reporting system that has appropriate security protocols to preserve the confidentiality of the reports and any documents or photographs submitted through the system. +(5) The system can only be used by mandated reporters who are any of the following: +(A) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. +(B) A probation officer or social worker, as defined in Section 215 of the Welfare and Institutions Code. +(C) A school teacher, counselor, or administrator. +(D) A physician and surgeon, psychologist, licensed nurse, or clinical social worker licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code. +(E) A coroner. +(6) Nothing in this section shall be construed as changing current statutory or regulatory requirements regarding timely review, assessment, and response to reports of possible abuse or neglect. +(b) (1) In a county where the pilot program is active, a mandated reporter listed in paragraph (5) of subdivision (a) may use the Internet-based reporting tool in lieu of the required initial telephone report required by subdivision (a) of Section 11166. A mandated reporter listed in paragraph (5) of subdivision (a) submitting an Internet-based report in accordance with this subdivision shall, as soon as practically possible, cooperate with the agency on any requests for additional information if needed to investigate the report, subject to applicable confidentiality requirements. +(2) In a county where the pilot program is active, a mandated reporter who submits the initial report through the Internet-based reporting tool in lieu of the required initial telephone report is not required to submit the written followup report required pursuant to subdivision (a) of Section 11166. +(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 2. +Section 10612.5 is added to the Welfare and Institutions Code, to read: +10612.5. +(a) The department shall consult with the County Welfare Directors Association of California and any interested county welfare agencies to determine which counties may be involved in the pilot program established pursuant to Section 11166.02 of the Penal Code. The pilot program may operate in up to 10 counties. +(b) The department shall oversee and administer the pilot program through the issuance of written directives that shall have the same force and effect as regulations. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). +(c) A county that chooses to participate in the pilot program shall hire an evaluator to monitor the implementation of the program in accordance with directives issued by the department pursuant to subdivision (b). +(d) (1) In addition to any requirements set forth by the department under this section, a county that participates in the pilot program shall, in collaboration with the County Welfare Directors Association of California and the department, develop outcome measures to determine the effectiveness of the pilot program of the county during the duration of the pilot program, which may include the following: +(A) The number of reports provided by telephone and any increase or decrease in the usage of telephone reports. +(B) The number of reports provided through the Internet-based reporting system and any increase or decrease in usage of the system. +(C) Any increase or decrease in the number of emergency or nonemergency telephone reports. +(D) Any increase or decrease in the overall number of emergency or nonemergency reports. +(2) A county that participates in the pilot program shall, on or before January 1, 2020, provide information to the Assembly Committee on Human Services and the Senate Committee on Human Services pertaining to the effectiveness of the pilot program based on the outcome measures developed pursuant to this subdivision. +(e) The department may conclude the pilot program on a county-by-county basis prior to January 1, 2021, if the evaluation and monitoring indicate the pilot program is compromising the safety of children. +(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.","The Child Abuse and Neglect Reporting Act requires a mandated reporter, as defined, to make a report to a specified agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Existing law further requires the mandated reporter to make an initial report by telephone to the agency immediately or as soon as is practicably possible, and to prepare and send, fax, or electronically transmit a written followup report within 36 hours of receiving the information concerning the incident. +This bill, until January 1, 2021, would authorize certain county welfare agencies to develop a pilot program for Internet-based reporting of child abuse and neglect, as specified. The bill would impose specified standards on a county that participates in the pilot program. The bill would also require the State Department of Social Services to consult with the County Welfare Directors Association of California and the county welfare agencies of the individual counties to determine which counties may be involved in the pilot program. The bill would require the department to oversee and administer the pilot program, and require a county that chooses to participate in the pilot program to hire an evaluator to monitor implementation of the program. The bill would require a county that participates in the pilot program to develop outcome measures that determine the effectiveness of the pilot program of the county, as specified, and report to specified committees of the Legislature on or before January 1, 2020, on the effectiveness of the pilot program. The bill would authorize the department to conclude the pilot program prior to January 1, 2021, if the evaluation and monitoring indicate that implementation of the program compromises the safety of children.","An act to add and repeal Section 11166.02 of the Penal Code, and to add and repeal Section 10612.5 of the Welfare and Institutions Code, relating to child abuse." +136,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 97.83 is added to the Revenue and Taxation Code, to read: +97.83. +(a) (1) Notwithstanding any other law, for the 2016–17 fiscal year +and for each fiscal year thereafter, +to the 2025–26 fiscal year, inclusive, +the auditor of each county shall do both of the following: +(A) Increase the total amount of ad valorem property tax revenue that is otherwise required to be allocated among the county and each city and special district in the county by the qualified heavy equipment reimbursement amount. The qualified heavy equipment reimbursement amount shall be allocated among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenue otherwise allocated among those local agencies. +(B) Decrease the total amount of ad valorem property tax revenue that is otherwise required to be allocated to the county’s Educational Revenue Augmentation Fund by the qualified heavy equipment reimbursement amount. +(2) (A) In the event that the county’s Educational Revenue Augmentation Fund does not have sufficient funds to offset the qualified heavy equipment reimbursement amount, the auditor shall, to the extent that those funds are insufficient, decrease the total amount of ad valorem property tax that is allocated to local school districts providing instruction for kindergarten and grades 1 to 12, inclusive, that are excess tax school entities, in proportion to their allocations of ad valorem property tax revenue allocated to school districts providing instruction for kindergarten and grades 1 to 12, inclusive, in the county, and allocate that amount among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenues otherwise allocated among those local agencies. +(B) In the event that the amount of ad valorem property tax revenues allocated to the Educational Revenue Augmentation Fund, together with the allocations to those school districts providing instruction for kindergarten and grades 1 to 12, inclusive, that are excess tax school entities, is insufficient to offset the qualified heavy equipment reimbursement amount, the auditor may also decrease the amount of ad valorem property tax revenues allocated to school districts providing instruction for kindergarten and grades 1 to 12, inclusive, that are not excess tax school entities, and allocate that amount among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenue otherwise allocated among those local agencies. +(b) For purposes of this section, “qualified heavy equipment reimbursement amount” means the total amount of ad valorem property tax revenue received by the county and each city and special district in the county in the 2014–15 fiscal year from renters of qualified heavy equipment, as defined in Part 11 (commencing with Section 5500) of Division 1. +(c) For the 2017–18 fiscal year +and for each fiscal year thereafter, +to the 2025–26 fiscal year, inclusive, +ad valorem property tax revenue allocations made pursuant to Sections 96.1 and 96.5, or any successor to either of those provisions, shall not incorporate the allocation adjustments made by this section. +(d) This section shall be repealed on January 1, 2027. +SEC. 2. +Part 11 (commencing with Section 5500) is added to Division 1 of the Revenue and Taxation Code, to read: +PART 11. Taxation of Qualified Heavy Equipment +5500. +For purposes of this part, all of the following definitions shall apply: +(a) “Rental price” means the total amount of the charge for renting the qualified heavy equipment, excluding any separately stated charges that are not rental charges, including, but not limited to, separately stated charges for delivery and pickup fees, damage waivers, environmental mitigation fees, or use taxes. +(b) (1) “Qualified heavy equipment” means any construction, earthmoving, or industrial equipment that is mobile and rented by a qualified renter, including attachments for the equipment or other ancillary equipment, including, but not limited to, all of the following: +(A) A self-propelled vehicle that is not designed to be driven on the highway. +(B) Industrial electrical generation equipment or portable heating, ventilating, and air-conditioning equipment. +(C) Industrial lift equipment. +(D) Industrial material equipment. +(E) Equipment used in shoring, shielding, and ground trenching. +(F) Equipment or vehicles not subject to the fee imposed pursuant to the Vehicle License Fee Law (Part 5 (commencing with Section 10701) of Division 2). +(2) Qualified heavy equipment is mobile if the qualified heavy equipment is not intended to be permanently affixed to real property for the purpose of using the qualified heavy equipment for its intended use. Qualified heavy equipment is mobile if it is intended to be moved among worksites as needed. +(c) “Qualified renter” means a renter that satisfies all of the following: +(1) The principal business of the renter is the rental of qualified heavy equipment. +(2) Is engaged in a line of business described in Code 532412 of the North American Industry Classification System published by the United States Office of Management and Budget, 2012 edition. +(d) “Renting” or “rent” means a rental for a period of less than 365 days or for an undefined period, or an open-ended contract. +5501. +(a) On and after July 1, 2016, +and before July 1, 2026, +there is hereby imposed a tax on every qualified renter for the privilege of renting qualified heavy equipment in this state at the rate of 0.75 percent of the rental price from the renting of qualified heavy equipment. +(b) The qualified renter shall pay and remit the tax to the board as required by this part. +(c) The board shall administer and collect the tax imposed by this part pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2). For purposes of this part, the references in the Fee Collection Procedures Law to “fee” shall include the tax imposed by this part, and references to “feepayer” shall include a person liable for the payment of the taxes imposed by this part and collected pursuant to that law. +5502. +Every qualified renter shall register with the board. Every application for registration shall be made upon a form prescribed by the board and shall set forth the name under which the applicant transacts or intends to transact business, the location of its place or places of business, and other information as the board may require. An application for an account shall be authenticated in a form or pursuant to methods as may be prescribed by the board. +5503. +The board may prescribe, adopt, and enforce regulations relating to the administration and enforcement of this part, including, but not limited to, collections, reporting, refunds, and appeals. +5504. +The taxes imposed by this part are due and payable to the board quarterly on or before the last day of the month next succeeding each quarterly period. +5505. +(a) On or before the last day of the month following each quarterly period of three months, a return for the preceding quarterly period shall be filed using electronic media with the board. +(b) The board may prescribe those forms and reporting requirements as are necessary to implement the tax. +(c) Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the board. +5505.5. +A qualified renter is relieved from liability for the tax imposed by this part that became due and payable, insofar as the measure of tax on the rental of qualified heavy equipment is represented by accounts which have been found worthless and charged off for income tax purposes. If the qualified renter has previously paid the amount of the tax, the qualified renter may, under the rules and regulations prescribed by the board, take as a deduction the amount found worthless and charged of by the retailer. If any such accounts are thereafter in whole or in part collected by the qualified renter, the amount so collected shall be included in the first return filed after such collection and the tax shall be paid with the return. +5506. +All revenues, interest, penalties, and other amounts collected pursuant to this part, less refunds and the board’s costs of administration, shall be deposited in the General Fund. +5507. +(a) For the 2016–17 fiscal year +and for each fiscal year thereafter, +to the 2025–26 fiscal year, inclusive, +the tax imposed pursuant to this part shall be in lieu of any property tax on qualified heavy equipment subject to taxation pursuant to this part. +(b) Property of a qualified renter that is not subject to the tax imposed pursuant to this part shall remain subject to any applicable property taxes. +5508. +This part shall be repealed on January 1, 2027. +SEC. 3. +The repeal of Part 11 (commencing with Section 5500) of Division 1 of the Revenue and Taxation Code by the act adding this section shall not affect any act done or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause, before such repeal; but all rights and liabilities under such law shall continue, and may be enforced in the same manner, as if such repeal had not been made. +SEC. 3. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 4. +SEC. 5. +Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.","The California Constitution authorizes the Legislature to classify personal property for differential taxation or for exemption by means of a statute approved by a +2/3 +vote of the membership of each house. +This bill would, pursuant to this constitutional authorization, on and after July 1, 2016, +to before July 1, 2026, +impose a tax on every qualified renter for the privilege of renting qualified heavy equipment in this state at the rate of 0.75% of the rental price from the renting of qualified heavy equipment. This bill would require a qualified renter to pay and remit the tax, as provided. This bill would provide that this tax shall be in lieu of any personal property tax on qualified heavy equipment. This bill would require the tax to be administered by the State Board of Equalization and to be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. This bill would require all revenues, interest, penalties, and other amounts, less refunds and the board’s costs of administration, derived from the imposition of the tax to be deposited in the General Fund. +Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction’s portion of the annual tax increment, as defined. Existing property tax law also reduces the amounts of ad valorem property tax revenue that would otherwise be annually allocated to the county, cities, and special districts pursuant to these general allocation requirements by requiring, for purposes of determining property tax revenue allocations in each county for the 1992–93 and 1993–94 fiscal years, that the amounts of property tax revenue deemed allocated in the prior fiscal year to the county, cities, and special districts be reduced in accordance with certain formulas. It requires that the revenues not allocated to the county, cities, and special districts as a result of these reductions be transferred to the Educational Revenue Augmentation Fund in that county for allocation to school districts, community college districts, and the county office of education. +This bill would, for the 2016–17 fiscal year +and for each fiscal year thereafter, +to the 2025–26 fiscal year, inclusive, +require the county auditor to increase the total amount of ad valorem property tax revenue that is otherwise required to be allocated among the county and each city and special district in the county by the qualified heavy equipment reimbursement amount, as defined, and to commensurately decrease the amount of ad valorem property tax revenue that is otherwise required to be allocated to the county Educational Revenue Augmentation Fund and, if necessary, the amount of those +revenue +revenues +otherwise required to be allocated to school districts, as specified, by the qualified heavy equipment reimbursement amount. +By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, and by imposing new duties upon local officials in the allocation of ad valorem property tax revenues, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. +Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. +This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.","An act to add +and repeal +Section 97.83 +to, +of, +and to add +and repeal +Part 11 (commencing with Section 5500) +to +of +Division 1 of, the Revenue and Taxation Code, relating to taxation." +137,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11165 of the Health and Safety Code is amended to read: +11165. +(a) To assist health care practitioners in their efforts to ensure appropriate prescribing, ordering, administering, furnishing, and dispensing of controlled substances, law enforcement and regulatory agencies in their efforts to control the diversion and resultant abuse of Schedule II, Schedule III, and Schedule IV controlled substances, and for statistical analysis, education, and research, the Department of Justice shall, contingent upon the availability of adequate funds in the CURES Fund, maintain the Controlled Substance Utilization Review and Evaluation System (CURES) for the electronic monitoring of, and Internet access to information regarding, the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by all practitioners authorized to prescribe, order, administer, furnish, or dispense these controlled substances. +(b) The Department of Justice may seek and use grant funds to pay the costs incurred by the operation and maintenance of CURES. The department shall annually report to the Legislature and make available to the public the amount and source of funds it receives for support of CURES. +(c) (1) The operation of CURES shall comply with all applicable federal and state privacy and security laws and regulations. +(2) (A) CURES shall operate under existing provisions of law to safeguard the privacy and confidentiality of patients. Data obtained from CURES shall only be provided to appropriate state, local, and federal public agencies for disciplinary, civil, or criminal purposes and to other agencies or entities, as determined by the Department of Justice, for the purpose of educating practitioners and others in lieu of disciplinary, civil, or criminal actions. Data may be provided to public or private entities, as approved by the Department of Justice, for educational, peer review, statistical, or research purposes, provided that patient information, including any information that may identify the patient, is not compromised. Further, data disclosed to any individual or agency as described in this subdivision shall not be disclosed, sold, or transferred to any third party, unless authorized by, or pursuant to, state and federal privacy and security laws and regulations. The Department of Justice shall establish policies, procedures, and regulations regarding the use, access, evaluation, management, implementation, operation, storage, disclosure, and security of the information within CURES, consistent with this subdivision. +(B) Notwithstanding subparagraph (A), a regulatory board whose licensees do not prescribe, order, administer, furnish, or dispense controlled substances shall not be provided data obtained from CURES. +(3) In accordance with federal and state privacy laws and regulations, a health care practitioner may provide a patient with a copy of the patient’s CURES patient activity report as long as no additional CURES data is provided and keep a copy of the report in the patient’s medical record in compliance with subdivision (d) of Section 11165.1. +(d) For each prescription for a Schedule II, Schedule III, or Schedule IV controlled substance, as defined in the controlled substances schedules in federal law and regulations, specifically Sections 1308.12, 1308.13, and 1308.14, respectively, of Title 21 of the Code of Federal Regulations, the dispensing pharmacy, clinic, or other dispenser shall report the following information to the Department of Justice as soon as reasonably possible, but not more than seven days after the date a controlled substance is dispensed, in a format specified by the Department of Justice: +(1) Full name, address, and, if available, telephone number of the ultimate user or research subject, or contact information as determined by the Secretary of the United States Department of Health and Human Services, and the gender, and date of birth of the ultimate user. +(2) The prescriber’s category of licensure, license number, national provider identifier (NPI) number, if applicable, the federal controlled substance registration number, and the state medical license number of any prescriber using the federal controlled substance registration number of a government-exempt facility. +(3) Pharmacy prescription number, license number, NPI number, and federal controlled substance registration number. +(4) National Drug Code (NDC) number of the controlled substance dispensed. +(5) Quantity of the controlled substance dispensed. +(6) International Statistical Classification of Diseases, 9th revision (ICD-9) or 10th revision (ICD-10) Code, if available. +(7) Number of refills ordered. +(8) Whether the drug was dispensed as a refill of a prescription or as a first-time request. +(9) Date of origin of the prescription. +(10) Date of dispensing of the prescription. +(e) The Department of Justice may invite stakeholders to assist, advise, and make recommendations on the establishment of rules and regulations necessary to ensure the proper administration and enforcement of the CURES database. All prescriber and dispenser invitees shall be licensed by one of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, in active practice in California, and a regular user of CURES. +(f) The Department of Justice shall, prior to upgrading CURES, consult with prescribers licensed by one of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, one or more of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, and any other stakeholder identified by the department, for the purpose of identifying desirable capabilities and upgrades to the CURES Prescription Drug Monitoring Program (PDMP). +(g) The Department of Justice may establish a process to educate authorized subscribers of the CURES PDMP on how to access and use the CURES PDMP. +SEC. 2. +Section 11165.1 of the Health and Safety Code is amended to read: +11165.1. +(a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 shall, before July 1, 2016, or upon receipt of a federal Drug Enforcement Administration (DEA) registration, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that practitioner the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES Prescription Drug Monitoring Program (PDMP). +(ii) A pharmacist shall, before July 1, 2016, or upon licensure, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that pharmacist the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES PDMP. +(B) An application may be denied, or a subscriber may be suspended, for reasons which include, but are not limited to, the following: +(i) Materially falsifying an application for a subscriber. +(ii) Failure to maintain effective controls for access to the patient activity report. +(iii) Suspended or revoked federal DEA registration. +(iv) Any subscriber who is arrested for a violation of law governing controlled substances or any other law for which the possession or use of a controlled substance is an element of the crime. +(v) Any subscriber accessing information for any other reason than caring for his or her patients. +(C) Any authorized subscriber shall notify the Department of Justice within 30 days of any changes to the subscriber account. +(2) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 or a pharmacist shall be deemed to have complied with paragraph (1) if the licensed health care practitioner or pharmacist has been approved to access the CURES database through the process developed pursuant to subdivision (a) of Section 209 of the Business and Professions Code. +(b) Any request for, or release of, a controlled substance history pursuant to this section shall be made in accordance with guidelines developed by the Department of Justice. +(c) In order to prevent the inappropriate, improper, or illegal use of Schedule II, Schedule III, or Schedule IV controlled substances, the Department of Justice may initiate the referral of the history of controlled substances dispensed to an individual based on data contained in CURES to licensed health care practitioners, pharmacists, or both, providing care or services to the individual. +(d) The history of controlled substances dispensed to an individual based on data contained in CURES that is received by a practitioner or pharmacist from the Department of Justice pursuant to this section is medical information subject to the provisions of the Confidentiality of Medical Information Act contained in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. +(e) Information concerning a patient’s controlled substance history provided to a prescriber or pharmacist pursuant to this section shall include prescriptions for controlled substances listed in Sections 1308.12, 1308.13, and 1308.14 of Title 21 of the Code of Federal Regulations. +(f) A health care practitioner, pharmacist, and any person acting on behalf of a health care practitioner or pharmacist, when acting with reasonable care and in good faith, is not subject to civil or administrative liability arising from any false, incomplete, inaccurate, or misattributed information submitted to, reported by, or relied upon in the CURES database or for any resulting failure of the CURES database to accurately or timely report that information. +SEC. 3. +Section 11165.4 is added to the Health and Safety Code, to read: +11165.4. +(a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance shall consult the CURES database to review a patient’s controlled substance history before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and at least once every four months thereafter if the substance remains part of the treatment of the patient. +(ii) If a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance is not required, pursuant to an exemption described in subdivision (c), to consult the CURES database the first time he or she prescribes, orders, administers, or furnishes a controlled substance to a patient, he or she shall consult the CURES database to review the patient’s controlled substance history before subsequently prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient and at least once every four months thereafter if the substance remains part of the treatment of the patient. +(B) For purposes of this paragraph, “first time” means the initial occurrence in which a health care practitioner, in his or her role as a health care practitioner, intends to prescribe, order, administer, or furnish a Schedule II, Schedule III, or Schedule IV controlled substance to a patient and has not previously prescribed a controlled substance to the patient. +(2) A health care practitioner shall obtain a patient’s controlled substance history from the CURES database no earlier than 24 hours, or the previous business day, before he or she prescribes, orders, administers, or furnishes a Schedule II, Schedule III, or Schedule IV controlled substance to the patient. +(b) The duty to consult the CURES database, as described in subdivision (a), does not apply to veterinarians or pharmacists. +(c) The duty to consult the CURES database, as described in subdivision (a), does not apply to a health care practitioner in any of the following circumstances: +(1) If a health care practitioner prescribes, orders, or furnishes a controlled substance to be administered to a patient while the patient is admitted to any of the following facilities or during an emergency transfer between any of the following facilities for use while on facility premises: +(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2. +(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2. +(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2. +(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2. +(2) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance in the emergency department of a general acute care hospital and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use. +(3) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient as part of the patient’s treatment for a surgical procedure and the quantity of the controlled substance does not exceed a nonrefillable five-day supply of the controlled substance to be used in accordance with the directions for use, in any of the following facilities: +(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2. +(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2. +(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2. +(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2. +(E) A place of practice, as defined in Section 1658 of the Business and Professions Code. +(4) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient currently receiving hospice care, as defined in Section 1339.40. +(5) (A) If all of the following circumstances are satisfied: +(i) It is not reasonably possible for a health care practitioner to access the information in the CURES database in a timely manner. +(ii) Another health care practitioner or designee authorized to access the CURES database is not reasonably available. +(iii) The quantity of controlled substance prescribed, ordered, administered, or furnished does not exceed a nonrefillable five-day supply of the controlled substance to be used in accordance with the directions for use and no refill of the controlled substance is allowed. +(B) A health care practitioner who does not consult the CURES database under subparagraph (A) shall document the reason he or she did not consult the database in the patient’s medical record. +(6) If the CURES database is not operational, as determined by the department, or when it cannot be accessed by a health care practitioner because of a temporary technological or electrical failure. A health care practitioner shall, without undue delay, seek to correct any cause of the temporary technological or electrical failure that is reasonably within his or her control. +(7) If the CURES database cannot be accessed because of technological limitations that are not reasonably within the control of a health care practitioner. +(8) If consultation of the CURES database would, as determined by the health care practitioner, result in a patient’s inability to obtain a prescription in a timely manner and thereby adversely impact the patient’s medical condition, provided that the quantity of the controlled substance does not exceed a nonrefillable five-day supply if the controlled substance were used in accordance with the directions for use. +(d) (1) A health care practitioner who fails to consult the CURES database, as described in subdivision (a), shall be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board. +(2) This section does not create a private cause of action against a health care practitioner. This section does not limit a health care practitioner’s liability for the negligent failure to diagnose or treat a patient. +(e) This section is not operative until six months after the Department of Justice certifies that the CURES database is ready for statewide use and that the department has adequate staff, which, at a minimum, shall be consistent with the appropriation authorized in Schedule (6) of Item 0820-001-0001 of the Budget Act of 2016 (Chapter 23 of the Statutes of 2016), user support, and education. The department shall notify the Secretary of State and the office of the Legislative Counsel of the date of that certification. +(f) All applicable state and federal privacy laws govern the duties required by this section. +(g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law classifies certain controlled substances into designated schedules. Existing law requires the Department of Justice to maintain the Controlled Substance Utilization Review and Evaluation System (CURES) for the electronic monitoring of the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by all practitioners authorized to prescribe, administer, furnish, or dispense these controlled substances. Existing law requires dispensing pharmacies and clinics to report specified information for each prescription of a Schedule II, Schedule III, or Schedule IV controlled substance to the department. +This bill would require a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance to consult the CURES database to review a patient’s controlled substance history no earlier than 24 hours, or the previous business day, before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and at least once every 4 months thereafter if the substance remains part of the treatment of the patient. The bill would exempt a veterinarian and a pharmacist from this requirement. The bill would also exempt a health care practitioner from this requirement under specified circumstances, including, among others, if prescribing, ordering, administering, or furnishing a controlled substance to a patient receiving hospice care, to a patient admitted to a specified facility for use while on facility premises, or to a patient as part of a treatment for a surgical procedure in a specified facility if the quantity of the controlled substance does not exceed a nonrefillable 5-day supply of the controlled substance that is to be used in accordance with the directions for use. The bill would require, if a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance is not required to consult the CURES database the first time he or she prescribes, orders, administers, or furnishes a controlled substance to a patient pursuant to one of those exemptions, the health care practitioner to consult the CURES database before subsequently prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient and at least once every 4 months thereafter if the substance remains part of the treatment of the patient. +This bill would provide that a health care practitioner who fails to consult the CURES database is required to be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board. The bill would make the above-mentioned provisions operative 6 months after the Department of Justice certifies that the CURES database is ready for statewide use and that the department has adequate staff, user support, and education, as specified. +This bill would also exempt a health care practitioner, pharmacist, and any person acting on behalf of a health care practitioner or pharmacist, when acting with reasonable care and in good faith, from civil or administrative liability arising from any false, incomplete, inaccurate, or misattributed information submitted to, reported by, or relied upon in the CURES database or for any resulting failure of the CURES database to accurately or timely report that information. +Existing law requires the operation of the CURES database to comply with all applicable federal and state privacy and security laws and regulations. Existing law authorizes the disclosure of data obtained from the CURES database to agencies and entities only for specified purposes and requires the Department of Justice to establish policies, procedures, and regulations regarding the use, access, disclosure, and security of the information within the CURES database. +This bill would authorize a health care practitioner to provide a patient with a copy of the patient’s CURES patient activity report if no additional CURES data is provided. The bill would also prohibit a regulatory board whose licensees do not prescribe, order, administer, furnish, or dispense controlled substances from obtaining data from the CURES database.","An act to amend Sections 11165 and 11165.1 of, and to add Section 11165.4 to, the Health and Safety Code, relating to controlled substances." +138,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1253.7 is added to the Health and Safety Code, to read: +1253.7. +(a) (1) For purposes of this chapter, “observation services” means outpatient services provided by a general acute care hospital to those patients described in subdivision (e) who have unstable or uncertain conditions potentially serious enough to warrant close observation, but not so serious as to warrant inpatient admission to the hospital. Observation services may include the use of a bed, monitoring by nursing and other staff, and any other services that are reasonable and necessary to safely evaluate a patient’s condition or determine the need for a possible inpatient admission to the hospital. +(2) For purposes of this chapter, “observation unit” means an area where observation services are provided in a setting outside of an inpatient +unit +unit, and that is not part of an emergency department, +of a general acute care hospital. +(b) Observation services in observation units, as defined in subdivision (a), may be provided for a period of no more than 24 hours. +(c) A general acute care hospital that provides observation services in an observation unit shall apply for approval from the department, pursuant to subdivision (a) of Section 1253.6, to provide services in an observation unit as a supplemental service. +(d) The department shall adopt standards and regulations, pursuant to subdivision (a) of Section 1275, for providing observation services in an observation unit as a supplemental service under the general acute care hospital’s license. +(e) Observation services may be ordered by an appropriately licensed practitioner only for any of the following: +(1) A patient who has received triage services in the emergency department but has not been admitted as an inpatient. +(2) A patient who has received outpatient surgical services and procedures. +(3) A patient who has been admitted as an inpatient and is discharged to receive observation services. +(4) A patient previously seen in a physician’s office or outpatient clinic. +(f) Notwithstanding subdivisions (d) and (e) of Section 1275, observation services provided by the general acute care hospital in an observation unit, including the services provided in a freestanding physical plant, as defined in subdivision (g) of Section 1275, shall comply with the same staffing standards, including, but not limited to, licensed nurse-to-patient ratios, as supplemental emergency services. +(g) A patient receiving observation services shall receive written notice that his or her care is being provided on an outpatient basis, and that this may impact reimbursement by Medicare, Medi-Cal, or private payers of health care services, or cost-sharing arrangements through his or her health care coverage. +(h) Observation units shall be marked with signage identifying the area as an outpatient area. The signage shall use the term “outpatient” in the title of the area to clearly indicate to all patients and family members that the observation services provided in the center are not inpatient services. +(i) Observation services shall be deemed outpatient or ambulatory services that are revenue-producing cost centers associated with hospital-based or satellite service locations that emphasize outpatient care. Identifying an observation unit by a name or term other than that used in this subdivision does not exempt the general acute care hospital from the requirement to obtain approval from the department to provide observation services as a distinct supplemental service when observation services are provided in a setting outside of an inpatient unit of a general acute care hospital. +SEC. 2. +Section 128740 of the Health and Safety Code is amended to read: +128740. +(a) Commencing with the first calendar quarter of 1992, the following summary financial and utilization data shall be reported to the office by each hospital within 45 days of the end of every calendar quarter. Adjusted reports reflecting changes as a result of audited financial statements may be filed within four months of the close of the hospital’s fiscal or calendar year. The quarterly summary financial and utilization data shall conform to the uniform description of accounts as contained in the Accounting and Reporting Manual for California Hospitals and shall include all of the following: +(1) Number of licensed beds. +(2) Average number of available beds. +(3) Average number of staffed beds. +(4) Number of discharges. +(5) Number of inpatient days. +(6) Number of outpatient visits, excluding observation service visits. +(7) Number of observation service visits and number of hours of services provided. +(8) Total operating expenses. +(9) Total inpatient gross revenues by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers. +(10) Total outpatient gross revenues by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers. +(11) Total observation service gross revenues by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers. +(12) Deductions from revenue in total and by component, including the following: Medicare contractual adjustments, Medi-Cal contractual adjustments, and county indigent program contractual adjustments, other contractual adjustments, bad debts, charity care, restricted donations and subsidies for indigents, support for clinical teaching, teaching allowances, and other deductions. +(13) Total capital expenditures. +(14) Total net fixed assets. +(15) Total number of inpatient days, outpatient visits excluding observation services, observation services, and discharges by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, self-pay, charity, and other payers. +(16) Total net patient revenues by payer including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers. +(17) Other operating revenue. +(18) Nonoperating revenue net of nonoperating expenses. +(b) Hospitals reporting pursuant to subdivision (d) of Section 128760 may provide the items in paragraphs (8), (9), (10), (12), (16), (17), and (18) of subdivision (a) on a group basis, as described in subdivision (d) of Section 128760. +(c) The office shall make available at cost, to any person, a hardcopy of any hospital report made pursuant to this section and in addition to hardcopies shall make available at cost, a computer tape of all reports made pursuant to this section within 105 days of the end of every calendar quarter. +(d) The office shall adopt by regulation guidelines for the identification, assessment, and reporting of charity care services. In establishing the guidelines, the office shall consider the principles and practices recommended by professional health care industry accounting associations for differentiating between charity services and bad debts. The office shall further conduct the onsite validations of health facility accounting and reporting procedures and records as are necessary to ensure that reported data are consistent with regulatory guidelines. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensing and regulation of health facilities, including, but not limited to, general acute care hospitals. A violation of these provisions is a crime. +Existing law authorizes the department to issue a special permit authorizing a health facility to offer one or more special services when specified requirements are met. Existing law requires general acute care hospitals to apply for supplemental services approval and requires the department to, upon issuance and renewal of a license for certain health facilities, separately identify on the license each supplemental service. Existing law requires a hospital to report specified summary financial and utilization data to the Office of Statewide Health Planning and Development (OSHPD) within 45 days of the end of every calendar quarter. +This bill would require a general acute care hospital that provides observation services, as defined, to apply for approval from the department to provide these services as supplemental services. The bill would require the department to adopt standards and regulations for a hospital providing observation services as an approved supplemental service under the general acute care hospital’s license. The bill would require hospitals to include certain data relating to observation service visits and total observation service gross revenues in the reports filed with OSHPD. +(2) Because a violation of these provisions by a health facility would be a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 128740 of, and to add Section 1253.7 to, the Health and Safety Code, relating to health care." +139,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1507.6 of the Health and Safety Code is amended to read: +1507.6. +(a) Mental health services, as deemed necessary by the placing agency, may be provided to children in a group home. Except for the physical safety and direct care and supervision of children so placed, the State Department of Social Services and its agents shall not evaluate or have responsibility or liability for the evaluation of mental health services provided in those homes. Supervision of mental health treatment services provided to a child in a group home shall be a case management responsibility of the placing agency. +(b) (1) Psychotropic medications shall be used only in accordance with the written directions of the physician prescribing the medication and as authorized by the juvenile court pursuant to Section 369.5 or 739.5 of the Welfare and Institutions Code. +(2) The facility shall maintain in a child’s records all of the following information: +(A) A copy of any court order authorizing the psychotropic medication for the child. +(B) A separate log for each psychotropic medication prescribed for the child, showing all of the following: +(i) The name of the medication. +(ii) The date of the prescription. +(iii) The quantity of medication and number of refills initially prescribed. +(iv) When applicable, any additional refills prescribed. +(v) The required dosage and directions for use as specified in writing by the physician prescribing the medication, including any changes directed by the physician. +(vi) The date and time of each dose taken by the child. +(3) This subdivision does not apply to a runaway and homeless youth shelter, as defined in Section 1502. +SEC. 2. +Section 1536 of the Health and Safety Code is amended to read: +1536. +(a) (1) At least annually, the department shall publish and make available to interested persons a list or lists covering all licensed community care facilities, other than foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer foster children, and the services for which each facility has been licensed or issued a special permit. +(2) For a group home, transitional housing placement provider, community treatment facility, runaway and homeless youth shelter, or short-term residential treatment center, the list shall include both of the following: +(A) The number of licensing complaints, types of complaint, and outcomes of complaints, including citations, fines, exclusion orders, license suspensions, revocations, and surrenders. +(B) The number, types, and outcomes of law enforcement contacts made by the facility staff or children, as reported pursuant to subdivision (a) of Section 1538.7. +(b) Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses, upon request, only to bona fide professional foster parent organizations and to professional organizations educating foster parents, including the Foster and Kinship Care Education Program of the California Community Colleges. +(c) Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver. +(d) The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agency’s failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations. +(e) The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information: +(1) Monthly reports by a foster family agency regarding family homes. +(2) A log of family homes certified and decertified, provided by a foster family agency to the department. +(3) Notification by a foster family agency to the department informing the department of a foster family agency’s determination to decertify a certified family home due to any of the following actions by the certified family parent: +(A) Violating licensing rules and regulations. +(B) Aiding, abetting, or permitting the violation of licensing rules and regulations. +(C) Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home. +(D) Being convicted of a crime while a certified family parent. +(E) Knowingly allowing any child to have illegal drugs or alcohol. +(F) Committing an act of child abuse or neglect or an act of violence against another person. +(f) At least annually, the department shall post on its Internet Web site a statewide summary of the information gathered pursuant to Sections 1538.8 and 1538.9. The summary shall include only de-identified and aggregate information that does not violate the confidentiality of a child’s identity and records. +SEC. 3. +Section 1538.8 is added to the Health and Safety Code, to read: +1538.8. +(a) (1) In order to review and evaluate the use of psychotropic medications in group homes, the department shall compile, to the extent feasible and not otherwise prohibited by law and based on information received from the State Department of Health Care Services, at least annually, information concerning each group home, including, but not limited to, the child welfare psychotropic medication measures developed by the department and the following Healthcare Effectiveness Data and Information Set (HEDIS) measures related to psychotropic medications: +(A) Follow-Up Care for Children Prescribed Attention Deficit Hyperactivity Disorder Medication (HEDIS ADD), which measures the number of children 6 to 12 years of age, inclusive, who have a visit with a provider with prescribing authority within 30 days of the new prescription. +(B) Use of Multiple Concurrent Antipsychotics in Children and Adolescents (HEDIS APC), which does both of the following: +(i) Measures the number of children receiving an antipsychotic medication for at least 60 out of 90 days and the number of children who additionally receive a second antipsychotic medication that overlaps with the first. +(ii) Reports a total rate and age stratifications including 6 to 11 years of age, inclusive, and 12 to 17 years of age, inclusive. +(C) Use of First-Line Psychosocial Care for Children and Adolescents on Antipsychotics (HEDIS APP), which measures whether a child has received psychosocial services 90 days before through 30 days after receiving a new prescription for an antipsychotic medication. +(D) Metabolic Monitoring for Children and Adolescents on Antipsychotics (HEDIS APM), which does both of the following: +(i) Measures testing for glucose or HbA1c and lipid or cholesterol of a child who has received at least two different antipsychotic prescriptions on different days. +(ii) Reports a total rate and age stratifications including 6 to 11 years of age, inclusive, and 12 to 17 years of age, inclusive. +(2) The department shall post the list of data to be collected pursuant to this subdivision on the department’s Internet Web site. +(b) The data in subdivision (a) concerning psychotropic medication, mental health services, and placement shall be drawn from existing data maintained by the State Department of Health Care Services and the State Department of Social Services and shared pursuant to a data sharing agreement meeting the requirements of all applicable state and federal laws and regulations. +(c) This section does not apply to a runaway and homeless youth shelter, as defined in Section 1502. +SEC. 4. +Section 1538.9 is added to the Health and Safety Code, to read: +1538.9. +(a) (1) (A) The department shall consult with the State Department of Health Care Services and stakeholders to establish a methodology for identifying those group homes providing care under the AFDC-FC program pursuant to Sections 11460 and 11462 of the Welfare and Institutions Code that have levels of psychotropic drug utilization warranting additional review. The methodology shall be adopted on or before July 1, 2016. +(B) Every three years after adopting the methodology developed under subparagraph (A), or earlier if needed, the department shall consult with the State Department of Health Care Services and stakeholders and revise the methodology, if necessary. +(2) If the department, applying the methodology described in paragraph (1), determines that a facility appears to have levels of psychotropic drug utilization warranting additional review, it shall inspect the facility at least once a year. +(3) The inspection of the facility shall include, but not be limited to, a review of the following: +(A) Plan of operation, policies, procedures, and practices. +(B) Child-to-staff ratios. +(C) Staff qualifications and training. +(D) Implementation of children’s needs and services plan. +(E) Availability of psychosocial and other alternative treatments to the use of psychotropic medications. +(F) Other factors that the department determines contribute to levels of psychotropic drug utilization that warrant additional review. +(G) Confidential interviews of children residing in the facility at the time of the inspection. +(4) The inspection of the facility may include, but is not limited to, the following: +(A) Confidential interviews of children who resided in the facility within the last six months. +(B) Confidential discussions with physicians identified as prescribing the medications. +(b) Following an inspection conducted pursuant to this section, the department, as it deems appropriate, may do either or both of the following: +(1) Share relevant information and observations with county placing agencies, social workers, probation officers, the court, dependency counsel, or the Medical Board of California, as applicable. +(2) Share relevant information and observations with the facility and require the facility to submit a plan, within 30 days of receiving the information and observations from the department, to address any identified risks within the control of the facility related to psychotropic medication. The department shall approve the plan and verify implementation of the plan to determine whether those risks have been remedied. +(c) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), until emergency regulations are filed with the Secretary of State, the department may implement this section through all-county letters or similar instructions. +(2) On or before January 1, 2017, the department shall adopt regulations to implement this section. The initial adoption, amendment, or repeal of a regulation authorized by this subdivision is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption, amendment, or repeal of an emergency regulation pursuant to this section, the department may twice request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code. The department shall adopt final regulations on or before January 1, 2018. +(d) Nothing in this section does any of the following: +(1) Replaces or alters other requirements for responding to complaints and making inspections or visits to group homes, including, but not limited to, those set forth in Sections 1534 and 1538. +(2) Prevents or precludes the department from taking any other action permitted under any other law, including any regulation adopted pursuant to this chapter. +(e) This section does not apply to a runaway and homeless youth shelter, as defined in Section 1502. +SEC. 5. +Section 11469 of the Welfare and Institutions Code is amended to read: +11469. +(a) The department shall develop, following consultation with group home providers, the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, the State Department of Health Care Services, and stakeholders, performance standards and outcome measures for determining the effectiveness of the care and supervision, as defined in subdivision (b) of Section 11460, provided by group homes under the AFDC-FC program pursuant to Sections 11460 and 11462. These standards shall be designed to measure group home program performance for the client group that the group home program is designed to serve. +(1) The performance standards and outcome measures shall be designed to measure the performance of group home programs in areas over which the programs have some degree of influence, and in other areas of measurable program performance that the department can demonstrate are areas over which group home programs have meaningful managerial or administrative influence. +(2) These standards and outcome measures shall include, but are not limited to, the effectiveness of services provided by each group home program, and the extent to which the services provided by the group home assist in obtaining the child welfare case plan objectives for the child. +(3) In addition, when the group home provider has identified as part of its program for licensing, ratesetting, or county placement purposes, or has included as a part of a child’s case plan by mutual agreement between the group home and the placing agency, specific mental health, education, medical, and other child-related services, the performance standards and outcome measures may also measure the effectiveness of those services. +(b) Regulations regarding the implementation of the group home performance standards system required by this section shall be adopted no later than one year prior to implementation. The regulations shall specify both the performance standards system and the manner by which the AFDC-FC rate of a group home program shall be adjusted if performance standards are not met. +(c) Except as provided in subdivision (d), effective July 1, 1995, group home performance standards shall be implemented. Any group home program not meeting the performance standards shall have its AFDC-FC rate, set pursuant to Section 11462, adjusted according to the regulations required by this section. +(d) A group home program shall be classified at rate classification level 13 or 14 only if all of the following are met: +(1) The program generates the requisite number of points for rate classification level 13 or 14. +(2) The program only accepts children with special treatment needs as determined through the assessment process pursuant to paragraph (2) of subdivision (a) of Section 11462.01. +(3) The program meets the performance standards designed pursuant to this section. +(e) Notwithstanding subdivision (c), the group home program performance standards system shall not be implemented prior to the implementation of the AFDC-FC performance standards system. +(f) On or before January 1, 2016, the department shall develop, following consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, research entities, foster children, advocates for foster children, foster care provider business entities organized and operated on a nonprofit basis, Indian tribes, and other stakeholders, additional performance standards and outcome measures that require group homes to implement programs and services to minimize law enforcement contacts and delinquency petition filings arising from incidents of allegedly unlawful behavior by minors occurring in group homes or under the supervision of group home staff, including individualized behavior management programs, emergency intervention plans, and conflict resolution processes. +(g) On or before January 1, 2017, the department shall develop, following consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, the Medical Board of California, research entities, foster children advocates for foster children, foster care provider business entities organized and operated on a nonprofit basis, Indian tribes, and other stakeholders, additional performance standards and outcome measures that require group homes to implement alternative programs and services, including individualized behavior management programs, emergency intervention plans, and conflict resolution processes. +SEC. 6. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) The California Community Care Facilities Act provides for the licensure and regulation of community care facilities, including foster family homes and group homes, by the State Department of Social Services. A violation of this act is a misdemeanor. +Under existing law, a child in a group home may receive mental health services, as deemed necessary by the placing agency and under the case management of that agency. Under existing law, only a juvenile court judicial officer may make orders regarding the administration of psychotropic medications to a child adjudged a dependent or ward of the court and removed from the physical custody of the parent. Existing law requires that the order be based on a request from a physician, indicating the reasons for the request and a description of the child’s diagnosis and behavior, among other requirements. +This bill would provide that psychotropic medications may be used at a group home, other than at a runaway and homeless youth shelter, only in accordance with the written directions of the physician prescribing the medication and as authorized by the juvenile court. The bill would require the group home to maintain in the child’s records specified information regarding the administration of those medications. +(2) Existing law requires the Director of Social Services, at least annually, to publish and make available to interested persons a list covering all licensed community care facilities, except as specified, and the services for which each facility has been licensed or issued a special permit. +This bill would require the department to compile specified information regarding the administration of psychotropic medications to children in group homes and to post that information on the department’s Internet Web site. The bill would require the department, in consultation with the State Department of Health Care Services and stakeholders, to establish a methodology to identify those group homes that have levels of psychotropic drug utilization warranting additional review, as specified. The bill would also require the department, for the facilities identified by the methodology that it establishes, to visit those facilities at least once a year to examine specified factors. The bill would authorize the department, following that inspection, to share relevant information and observations with county placing agencies, social workers, probation officers, the court, dependency counsel, or the Medical Board of California, or share relevant information and observations with the facility and require the facility to submit a plan to the department, within 30 days of receiving the department’s information and observations, to address any identified risks within the control of the facility related to psychotropic medication. The bill would require the department to approve the plan and verify the plan’s implementation to determine whether those identified risks have been remedied. Because the failure of the facility to comply with these provisions would be a misdemeanor, the bill would impose a state-mandated local program. +(3) Existing law requires the department, on or before January 1, 2016, in consultation with specified associations and other stakeholders, to develop additional performance standards and outcome measures that require group homes to implement programs and services to minimize law enforcement contacts with minors in group homes or under supervision of group home staff. +This bill would require the department, on or before January 1, 2017, in consultation with specified associations and other stakeholders, to develop additional performance standards and outcome measures that require group homes to implement alternative programs and services, as specified. The bill would make related changes. +(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 1507.6 and 1536 of, and to add Sections 1538.8 and 1538.9 to, the Health and Safety Code, and to amend Section 11469 of the Welfare and Institutions Code, relating to juveniles." +140,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature hereby finds and declares all of the following: +(a) The county sanitation districts of Los Angeles County (sanitation districts) were established in 1923 under the County Sanitation District Act (Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code). +(b) The sanitation districts provide regional solid waste management and wastewater collection and treatment services for 5.5 million people in 78 cities and unincorporated communities. +(c) Eighty-four cities in Los Angeles County, the Los Angeles County Flood Control District, and Los Angeles County unincorporated areas are all regulated under a permit for the Municipal Separate Storm Sewer System (MS4), the most recent of which was adopted by the California Regional Water Quality Control Board, Los Angeles Region, in December 2012. +(d) The City of Long Beach is regulated under its own permit for its MS4, the most recent of which was adopted by the regional board in February 2014. +(e) The MS4 is a large, interconnected system that encompasses over 3,000 square miles, and is operated and maintained in large part by the Los Angeles County Flood Control District and used by multiple cities along with Los Angeles County. +(f) The Los Angeles County Flood Control District is primarily focused on operation and maintenance of the MS4 infrastructure for the purposes of flood protection and water conservation. +(g) This extensive system conveys stormwater and nonstormwater across municipal boundaries where it is commingled within the MS4 and then discharged to receiving water bodies, such as the Los Angeles River and San Gabriel River. +(h) It will be necessary for the cities, Los Angeles County Flood Control District, and Los Angeles County to spend millions of dollars per year to comply with the Los Angeles Region MS4 permits. +(i) The Los Angeles Region MS4 permit prohibits the discharge of nonstormwater into the MS4, subject to specified exceptions, and one management technique that can be effective in cleaning up nonstormwater discharges is to divert dry weather runoff into the sanitary sewer system, if sewer and treatment plant capacity are available and other regulatory requirements are met. +(j) Many of the cities, the Los Angeles County Flood Control District, and Los Angeles County are preparing watershed management plans and enhanced watershed management plans in order to identify stormwater and dry weather urban runoff projects and activities that will improve the water quality in the downstream receiving water bodies. +(k) The presiding officers of the cities and the Chair of the Los Angeles County Board of Supervisors serve as members of the boards of directors of the sanitation districts. +(l) The administrative board of directors of the sanitation districts formally requested that the sanitation districts seek the authority to use its civil engineering and water quality expertise to help the cities and county manage stormwater and dry weather urban runoff in order to comply with the Los Angeles Region MS4 permit in an efficient and effective manner. +(m) The Legislature does not intend for the sanitation districts’ activities related to the management and treatment of stormwater and dry weather urban runoff to interfere with the existing water management, flood protection, groundwater replenishment, or water conservation activities of other local or regional agencies. +(n) Because of the unique circumstances of the sanitation districts and the Los Angeles Region MS4, special legislation is necessary to augment the sanitation districts’ powers under the County Sanitation District Act. +SEC. 2. +Section 4730.68 is added to the Health and Safety Code, to read: +4730.68. +(a) This section applies only to county sanitation district numbers 1, 2, 3, 4, 5, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, and 34 of Los Angeles County, Newhall Ranch Sanitation District of Los Angeles County, South Bay Cities Sanitation District of Los Angeles County, and Santa Clarita Valley Sanitation District of Los Angeles County. The powers granted in this section supplement the existing powers of each district. +(b) A district may acquire, construct, operate, maintain, and furnish facilities for any of the following purposes: +(1) The diversion of stormwater and dry weather runoff from the stormwater drainage system within the district. +(2) The management and treatment of the stormwater and dry weather runoff. +(3) The discharge of the water to the stormwater drainage system or receiving waters. +(4) The beneficial use of the water. +(c) In order to carry out the powers and purposes granted under this section, the district may exercise any of the powers otherwise granted to a district by this chapter to the extent those powers may be made applicable. +(d) (1) Prior to initiating a stormwater or dry weather runoff program or project within the boundaries of an adjudicated groundwater basin, a district shall consult with the relevant watermaster for a preliminary determination as to whether the project is inconsistent with the adjudication. If the watermaster deems the project to be inconsistent with the adjudication, the watermaster shall recommend, in writing, the measures that are necessary in order to conform the project to the adjudication. +(2) Prior to initiating a stormwater or dry weather runoff project within the service area of a water replenishment district, a district shall consult with the water replenishment district for the purpose of avoiding potential conflicts with water replenishment activities. +(3) Prior to initiating a stormwater or dry weather runoff project, a district shall consult with the Los Angeles County Flood Control District for the purpose of avoiding potential conflicts with flood protection and water conservation activities. +(e) This section does not affect any obligation of a district to obtain a permit that may be required by law for the activities undertaken pursuant to this section. +(f) For purposes of this section, “stormwater” and “dry weather runoff” have the same meaning as in Section 10561.5 of the Water Code. +(g) Nothing in this section shall be construed to require any local agency to participate, financially or otherwise, in a project pursued under the authority granted by this section. +(h) Nothing in this section shall be construed to alter or interfere with any of the following: +(1) Existing water rights to water from any source, including any adjudicated rights allocated by a court judgment or order, including any physical solution, rights issued by the state or a state agency, and rights acquired pursuant to any federal or state statute. +(2) Existing water rights law. +(3) Any rights, remedies, or obligations that may exist pursuant to Article 1 (commencing with Section 1200) or Article 1.5 (commencing with Section 1210) of Chapter 1 of Part 2 of Division 2 of the Water Code, Chapter 10 (commencing with Section 1700) of Part 2 of Division 2 of the Water Code, or Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code. +SEC. 3. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the county sanitation districts of Los Angeles County.","The County Sanitation District Act authorizes a sanitation district to acquire, construct, and complete certain works, property, or structures necessary or convenient for sewage collection, treatment, and disposal. +This bill would authorize specified sanitation districts in the County of Los Angeles to acquire, construct, operate, maintain, and furnish facilities for the diversion, management, and treatment of stormwater and dry weather runoff, the discharge of the water to the stormwater drainage system, and the beneficial use of the water. The bill would require a district to consult with the Los Angeles County Flood Control District and the relevant watermaster or water replenishment district prior to initiating a stormwater or dry weather runoff program within the boundaries of an adjudicated groundwater basin or within the service area of a water replenishment district, as applicable. The bill would make related changes. +This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.","An act to add Section 4730.68 to the Health and Safety Code, relating to public sanitation." +141,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4652.5 of the Welfare and Institutions Code is amended to read: +4652.5. +(a) (1) An entity that receives payments from one or more regional centers shall contract with an independent accounting firm to obtain an independent audit or review of its financial statements relating to payments made by regional centers subject to all of the following: +(A) If the amount received from the regional center or regional centers during the entity’s fiscal year is more than or equal to five hundred thousand dollars ($500,000) but less than two million dollars ($2,000,000), the entity shall obtain an independent audit or independent review report of its financial statements for the period. Consistent with Subchapter 21 (commencing with Section 58800) of Title 17 of the California Code of Regulations, this subdivision shall also apply to work activity program providers receiving less than two hundred fifty thousand dollars ($250,000). +(B) If the amount received from the regional center or regional centers during the entity’s fiscal year is equal to or more than two million dollars ($2,000,000), the entity shall obtain an independent audit of its financial statements for the period. +(2) This requirement does not apply to payments made using usual and customary rates, as defined by Title 17 of the California Code of Regulations, for services provided by regional centers or social security benefit payments. +(3) This requirement does not apply to state and local governmental agencies, the University of California, or the California State University. +(b) An entity subject to subdivision (a) shall provide copies of the independent audit or independent review report required by subdivision (a), and accompanying management letters, to the vendoring regional center within +30 days after completion of the audit or review. +nine months of the end of the fiscal year for the entity. +(c) Regional centers that receive the audit or review reports required by subdivision (b) shall review and require resolution by the entity for issues identified in the report that have an impact on regional center services. Regional centers shall take appropriate action, up to termination of vendorization, for lack of adequate resolution of issues. +(d) Regional centers shall notify the department of all qualified opinion reports or reports noting significant issues that directly or indirectly impact regional center services within 30 days after receipt. Notification shall include a plan for resolution of issues. +(e) For purposes of this section, an independent review of financial statements shall be performed by an independent accounting firm and shall cover, at a minimum, all of the following: +(1) An inquiry as to the entity’s accounting principles and practices and methods used in applying them. +(2) An inquiry as to the entity’s procedures for recording, classifying, and summarizing transactions and accumulating information. +(3) Analytical procedures designed to identify relationships or items that appear to be unusual. +(4) An inquiry about budgetary actions taken at meetings of the board of directors or other comparable meetings. +(5) An inquiry about whether the financial statements have been properly prepared in conformity with generally accepted accounting principles and whether any events subsequent to the date of the financial statements would have a material effect on the statements under review. +(6) Working papers prepared in connection with a review of financial statements describing the items covered as well as any unusual items, including their disposition. +(f) For purposes of this section, an independent review report shall cover, at a minimum, all of the following: +(1) Certification that the review was performed in accordance with standards established by the American Institute of Certified Public Accountants. +(2) Certification that the statements are the representations of management. +(3) Certification that the review consisted of inquiries and analytical procedures that are lesser in scope than those of an audit. +(4) Certification that the accountant is not aware of any material modifications that need to be made to the statements for them to be in conformity with generally accepted accounting principles. +(g) The department shall not consider a request for adjustments to rates submitted in accordance with Title 17 of the California Code of Regulations by an entity receiving payments from one or more regional centers solely to fund either anticipated or unanticipated changes required to comply with this section. +(h) (1) An entity required to obtain an independent audit or independent review of its financial statement pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may apply to the regional center for, and the regional center shall grant, a two-year exemption from the independent audit or independent review requirement if the regional center does not find issues in the prior year’s independent audit or independent review that have an impact on regional center services. +(2) An entity required to obtain an independent audit of its financial statements pursuant to subparagraph (B) of paragraph (1) of subdivision (a) may apply to the regional center for an exemption from the independent audit requirement, subject to all of the following conditions: +(A) If the independent audit for the prior year resulted in an unmodified opinion or an unmodified opinion with additional communication, the regional center shall grant the entity a two-year exemption. +(B) If the independent audit for the prior year resulted in a qualified opinion and the issues are not material and pervasive, the regional center shall grant the entity a two-year exemption. However, the entity and the regional center shall continue to address issues raised in this independent audit, regardless of whether the exemption is granted. +(3) A regional center shall notify the department of any exemption it grants to an entity that receives a qualified opinion report.","Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is authorized to contract with regional centers to provide services and supports to individuals with developmental disabilities. Existing law requires an entity that receives payments between $250,000 and $500,000 per year from one or more regional centers to obtain an independent audit or review of its financial statements and requires an entity that receives payments that are equal to or more than $500,000 per year to obtain an independent audit. Existing law exempts payments made using usual and customary rates for services provided by regional centers from these requirements. +This bill would instead require an entity to obtain an independent audit or review report of its financial statements relating to payments made by regional centers if it receives payments between $500,000 and $2,000,000 from one or more regional centers and would authorize these entities to apply for, and require the regional center to grant, a 2-year exemption from this requirement if the regional center does not find issues in the audit or review that have an impact on regional center services. The bill would also require an entity to obtain an independent audit if it receives payments that are equal to or more than $2,000,000 and would authorize these entities to apply for, and require the regional center to grant, a 2-year exemption from the audit requirement if the audit resulted in an unmodified opinion, an unmodified opinion with additional communication, or a qualified opinion with issues that are not material and pervasive. The bill would require a regional center to notify the department of any exemption it grants to an entity that receives a qualified opinion report. The bill would also exempt social security benefit payments from these requirements.","An act to amend Section 4652.5 of the Welfare and Institutions Code, relating to developmental services." +142,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3057.5 of the Business and Professions Code is amended to read: +3057.5. +(a) Notwithstanding any other provision of this chapter, the board shall permit a graduate of a foreign university who meets all of the following requirements to take the examinations for an optometrist license: +(1) Is over 18 years of age. +(2) Is not subject to denial of a license under Section 480. +(3) Has obtained any of the following: +(A) A degree as a doctor of optometry issued by a university located outside of the United States. +(B) A degree from a school of optometry program located outside of the United States that has a minimum of a four year or equivalent curriculum leading to an optometry license in the country where the program is located. +(C) A degree from a school of medicine located outside of the United States and completed the necessary requirements to practice in the field of ophthalmology in the country where the school of medicine is located. +(4) Submits an application to obtain a letter of sponsorship on a form approved by the board. +(5) Pays to the board the fee for an application for licensure prescribed in subdivision (a) of Section 3152. +(b) (1) A graduate of a foreign university shall provide to the board any supporting documents requested by the board to establish that the requirement of paragraph (3) of subdivision (a) has been met. These supporting documents may include, but are not limited to, a curriculum vitae, official examination score, certificate of optometric or medical education, official school transcript, certified copy of optometric or medical diploma, official English translation, certificate of completion of postgraduate training, and certificate of clinical training. +(2) Every document provided pursuant to this subdivision shall be in English or translated into English by a certified United States translation service approved by the board. +(c) The board shall require a graduate of a foreign university to obtain an evaluation of his or her official school transcript by an education evaluation service approved by the board. The board shall determine from the evaluation whether the applicant has met the educational requirements that are reasonable and necessary to ensure that an optometrist has the knowledge to adequately protect the public health and safety. +(d) Notwithstanding paragraph (3) of subdivision (a), if a graduate of a foreign university does not meet the educational requirements that are reasonable and necessary to ensure that an optometrist has the knowledge to adequately protect the public health and safety, the board may establish alternative education requirements for the graduate of a foreign university to meet in order to ensure this knowledge. A graduate of a foreign university shall provide any supporting documents requested by the board to establish that these requirements are met. +(e) The board shall issue a letter of sponsorship, or its equivalent, required by the National Board of Examiners in Optometry, or its equivalent, to permit a graduate of a foreign university to take all examinations required for licensure. This letter of sponsorship shall expire two years from the date of issuance. +SEC. 2. +Section 3058 is added to the Business and Professions Code, to read: +3058. +(a) The board may issue a license to practice optometry to a person who meets all of the following requirements: +(1) Has obtained permission to take the examinations for an optometrist license pursuant to Section 3057.5. +(2) Has successfully passed the required examinations. +(3) Is not subject to denial of a license under Section 480. +(4) Has met the requirements described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 3041.3. +(5) Has provided the board with any other information requested by the board to the extent necessary to determine that the person has met the requirements for licensure under this chapter. +(6) Has submitted an application on a form approved by the board. +(7) Pays the fee for an application for licensure prescribed in subdivision (a) of Section 3152. +(8) Has no physical or mental impairment related to drugs or alcohol and has not been found mentally incompetent by a licensed psychologist or licensed psychiatrist so that the person is unable to undertake the practice of optometry in a manner consistent with the safety of a patient or the public. +(b) A license issued pursuant to this section shall expire as provided in Section 3146 and may be renewed as provided in this chapter, subject to the same conditions as other licenses issued under this chapter. +SEC. 2. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Optometry Practice Act, creates the State Board of Optometry, which licenses optometrists and regulates their practice. Existing law provides that the State Board of Optometry is required, by regulation, to establish educational and examination requirements for licensure to ensure the competence of optometrists to practice. Existing law requires an applicant for licensure to submit an application that is provided under oath and to pay a prescribed fee. All fees are deposited in the Optometry Fund, which is continuously appropriated to the board to administer the act. Any violation of the act is a crime. +Existing law authorizes the board to permit a graduate of a foreign university who meets specified requirements to take the examinations for an optometrist license. +This bill would revise the license examination requirements for a graduate of a foreign university to, among other things, require submission of an application and payment of a prescribed fee. +This bill would also authorize the board to issue a license to a graduate of a foreign university who meets specified requirements, including requirements that the applicant have permission to take the examinations for an optometrist license, submit an application on a form approved by the board, and pay a prescribed fee for an application for licensure. +By increasing the amount of moneys deposited into a continuously appropriated fund, this bill would make an appropriation. Because the application would be required to be provided under oath, this bill would expand the scope of an existing crime and create a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 3057.5 of +, and to add Section 3058 to, +the Business and Professions Code, relating to healing arts, and making an appropriation therefor." +143,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17952.7 is added to the Revenue and Taxation Code, to read: +17952.7. +(a) For purposes of computing “taxable income of a nonresident or part-year resident” under paragraph (1) of subdivision (i) of Section 17041, gross income of a nonresident, as defined in Section 17015, from sources within this state shall not include “de minimis income” received on or after January 1, +2016, +2017, +for any part of the taxable year during which the taxpayer was not a resident of this state. +(b) For purposes of this section, the following definitions shall apply: +(1) “De minimis income” means compensation +otherwise +subject to withholding under Chapter 2 (commencing with Section 13020) of Division 6 of the Unemployment Insurance +Code, without regard to Section 13020.5 of the Unemployment Insurance Code, +Code +that is received by a nonresident if the following apply: +(A) The nonresident has no other income from sources within this state for the taxable year in which the compensation was received. +(B) The nonresident is present in this state to perform employment duties on behalf of an employer and any other related person for not more than +20 +9 +calendar days during the taxable year in which the compensation is received. For purposes of this subparagraph, presence in this state for any part of a day constitutes presence in this state for that day unless such presence is solely for purposes of transit through the state. +(C) The nonresident’s state of residence provides a substantially similar exclusion or does not impose an individual income tax. +(2) “Related person” means a person that, with respect to the employer during all or any portion of the taxable year, is one of the following: +(A) A related entity. +(B) A member of a commonly controlled group, within the meaning of Section 25105. +(C) A person to or from whom there is attribution of stock ownership in accordance with subdivision (e) of Section 25105. +(D) A person that, notwithstanding its form of organization, bears the same relationship to the employer as a person described in subparagraphs (A), (B), or (C), inclusive. +(3) “Related entity” means any of the following: +(A) A stockholder who is an individual, or a member of the stockholder’s family set forth in Section 318 of the Internal Revenue Code, relating to constructive ownership of stock, if the stockholder and the members of the stockholder’s family own, directly, indirectly, beneficially, or constructively, in the aggregate, at least 50 percent of the value of the employer’s outstanding stock. +(B) A stockholder, or a stockholder’s partnership, limited liability company, estate, trust, or corporation, if the stockholder and the stockholder’s partnerships, limited liability companies, estates, trusts, and corporations own directly, indirectly, beneficially, or constructively, in the aggregate, at least 50 percent of the value of the employer’s outstanding stock. +(C) A corporation, or a party related to the corporation in a manner that would require an attribution of stock from the corporation to the party or from the party to the corporation under the attribution rules of the Internal Revenue Code if the employer owns, directly, indirectly, beneficially, or constructively, at least 50 percent of the value of the corporation’s outstanding stock. The attribution rules of the Internal Revenue Code shall apply for purposes of determining whether the ownership requirement of this definition has been met. +(c) This section shall not apply to compensation received by any of the following: +(1) An individual who is a professional athlete or member of a professional athletic team. +(2) An individual who is a professional entertainer who performs services in the professional performing arts. +(3) An individual of prominence who performs services for compensation on a per-event basis. +(4) An individual who is identified as a key employee, within the meaning of Section +416(i)(1)(A)(i) +416(I)(1)(A)(i) +of the Internal Revenue Code, for the taxable year immediately preceding the current taxable year. +(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. +SEC. 2. +Section 18501.5 is added to the Revenue and Taxation Code, to read: +18501.5. +(a) (1) Notwithstanding Section 18501 and except as provided in paragraph (2), a nonresident whose only income from sources in this state is compensation that is excluded pursuant to Section 17952.7 has no tax liability under Section 17041 and is not required to file a return. +(2) Upon request by the Franchise Tax Board, a nonresident may be required to file an information return. +(b) This section is applicable to the determination of an individual income taxpayer’s filing requirement and has no application to the imposition of, or jurisdiction to impose, a tax under Part 10 (commencing with Section 17001) or any other tax on any taxpayer. +(c) Nothing contained in this section is intended to have any bearing on the sourcing rules for determining the taxability by this state of deferred compensation earned by performing services in this state during any portion of the applicable vesting period, whether by stock option, restricted stock units, or any other means, based on a formula comparing the number of working days in this state to the number of working days elsewhere, and no de minimis period, as described in Section 17952.7, applies to those determinations. +(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. +SEC. 3. +Section 13020.5 is added to the +Unemployment Insurance Code +, to read: +13020.5. +(a)Notwithstanding Section 13020, no amount is required to be deducted or withheld from compensation paid to a nonresident for employment duties performed in this state if that compensation is excluded from income subject to tax pursuant to Section 17952.7 of the Revenue and Taxation Code. The number of days a nonresident employee is present in this state for purposes of Section 17952.7 of the Revenue and Taxation Code shall include all such days the nonresident employee is present and performing employment duties in the state on behalf of the employer and any other related person, as defined in subdivision (b) of Section 17952.7 of the Revenue and Taxation Code. For purposes of this subdivision, presence in this state for any part of a day constitutes presence in this state for that day unless such presence is solely for purposes of transit through the state. +(b)An employer that has erroneously applied the exception provided by this section solely as a result of miscalculating the number of days a nonresident employee is present in this state to perform employment duties shall not be subject to a penalty resulting from the erroneous application of the exception provided in this section if one of the following applies: +(1)The employer relied on a regularly maintained time and attendance system that satisfies both of the following conditions: +(A)The system requires the employee to record, on a contemporaneous basis, his or her work location each day the employee is present in a state other than the state of residence or the state where services are considered performed under the Unemployment Insurance Code. +(B)The system is used by the employer to allocate the employee’s wages between all taxing jurisdictions in which the employee performs duties. +(2)The employer does not maintain a time and attendance system described in paragraph (1) and relied on employee travel records that the employer requires the employee to maintain and record on a regular and contemporaneous basis. +(3)The employer does not maintain a time and attendance system described in paragraph (1), does not require the maintenance of employee records described in paragraph (2), and relied on travel expense reimbursement records that the employer requires the employee to submit on a regular and contemporaneous basis. +(c)This section establishes an exception to withholding and deduction requirements and has no application to the imposition of, or jurisdiction to impose, this or any other tax on any employee. +(d)This section shall remain in effect only until January 1, 2021. +SEC. 3. +Section 13006 of the Unemployment Insurance Code is amended to read: +13006. +“Gross income” means all compensation for services including fees, commissions, and similar items, except as otherwise provided by this division. “Gross income” shall specifically include those items relating to compensation specified by Article 2 (commencing with Section 17081) of, and shall specifically exclude those items relating to compensation specified by Article 3 (commencing with Section 17131) of, Chapter 3 of Part 10 of Division 2 of the Revenue and Taxation Code. +Until January 1, 2021, “gross income” shall also exclude de minimis income excluded from the gross income of a nonresident under Section 17952.7 of the Revenue and Taxation Code.","Existing law, the Personal Income Tax Law, imposes a tax on the entire taxable income of a resident taxpayer subject to that law, and provides for a specified treatment of the income of nonresidents. For purposes of computing the taxable income, the gross income of a nonresident includes only the gross income from sources within this state. Existing law requires every taxpayer subject to tax under the law to file a return with the Franchise Tax Board, stating specifically the items of the gross income from all sources and the deductions and credits allowable, as provided. +This bill would provide, for purposes of computing the taxable income of a nonresident, that the gross income of a nonresident from sources within this state does not include “de minimis income,” defined as compensation subject to specified withholding if the nonresident has no other income from sources within this state, is present in this state to perform employment duties on behalf of an employer and any other related person for not more than +20 +9 +calendar days during the taxable year in which the compensation is received, if the compensation is received on or after January 1, +2016, +2017, +for any part of the taxable year during which the taxpayer was not a resident of this state, and the nonresident’s state of residence provides a substantially similar exclusion or does not impose an individual income tax. Except as specified, the bill would provide that a nonresident whose only income from sources in this state is compensation excluded pursuant to these provisions has no personal income tax liability and is not required to file a return. The bill would repeal these provisions on January 1, 2021. +Existing law requires every employer who pays wages to a nonresident employee for services performed in this state to deduct and withhold from those wages, except as provided, +the amount of +specified income +taxes. +taxes reasonably estimated to be due from the inclusion of those wages in the employee’s gross income. +This +bill +bill, until January 1, 2021, +would +provide that no amount is required to be deducted or withheld from compensation paid to a nonresident for employment duties performed in this state if that compensation is excluded from +provide, for those tax withholding purposes, that gross income excludes de minimis income excluded from a nonresident’s +income subject to tax pursuant to the aforementioned provisions. +The bill would repeal these provisions on January 1, 2021.","An act to add and repeal Sections 17952.7 and 18501.5 of the Revenue and Taxation Code, and to +add and repeal Section 13020.5 +amend Section 13006 +of the Unemployment Insurance Code, relating to taxation." +144,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1203.45 of the Penal Code is amended to read: +1203.45. +(a) In a case in which a person was under 18 years of age at the time of commission of a misdemeanor and is eligible for, or has previously received, the relief provided by Section 1203.4 or 1203.4a, that person, in a proceeding under Section 1203.4 or 1203.4a, or a separate proceeding, may petition the court for an order sealing the record of conviction and other official records in the case, including records of arrests resulting in the criminal proceeding and records relating to other offenses charged in the accusatory pleading, whether the defendant was acquitted or charges were dismissed. If the court finds that the person was under 18 years of age at the time of the commission of the misdemeanor, and is eligible for relief under Section 1203.4 or 1203.4a or has previously received that relief, it may issue its order granting the relief prayed for. Thereafter the conviction, arrest, or other proceeding shall be deemed not to have occurred, and the petitioner may answer accordingly any question relating to their occurrence. +(b) This section applies to convictions that occurred before, as well as those that occur after, the effective date of this section. +(c) This section shall not apply to offenses for which registration is required under Section 290, to violations of Division 10 (commencing with Section 11000) of the Health and Safety Code, or to misdemeanor violations of the Vehicle Code relating to operation of a vehicle or of a local ordinance relating to operation, standing, stopping, or parking of a motor vehicle. +(d) This section does not apply to a person convicted of more than one offense, whether the second or additional convictions occurred in the same action in which the conviction as to which relief is sought occurred or in another action, except in the following cases: +(1) One of the offenses includes the other or others. +(2) The other conviction or convictions were for the following: +(A) Misdemeanor violations of Chapters 1 (commencing with Section 21000) to 9 (commencing with Section 22500), inclusive, Chapter 12 (commencing with Section 23100), or Chapter 13 (commencing with Section 23250) of Division 11 of the Vehicle Code, other than Section 23103, 23104, 23105, 23152, 23153, or 23220. +(B) Violation of a local ordinance relating to the operation, stopping, standing, or parking of a motor vehicle. +(3) The other conviction or convictions consisted of any combination of paragraphs (1) and (2). +(e) This section shall apply in a case in which a person was under 21 years of age at the time of the commission of an offense as to which this section is made applicable if that offense was committed prior to March 7, 1973. +(f) In an action or proceeding based upon defamation, a court, upon a showing of good cause, may order the records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed. +(g) A person who is 26 years of age or older and petitions for an order sealing a record under this section may be required to reimburse the court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the court, not to exceed one hundred fifty dollars ($150), and to reimburse the county for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors, not to exceed one hundred fifty dollars ($150), and to reimburse any city for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the city council, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in a case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services established pursuant to this subdivision. +SEC. 2. +Section 781 of the Welfare and Institutions Code is amended to read: +781. +(a) (1) (A) In any case in which a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, in any case in which a person is cited to appear before a probation officer or is taken before a probation officer pursuant to Section 626, or in any case in which a minor is taken before any officer of a law enforcement agency, the person or the county probation officer may, five years or more after the jurisdiction of the juvenile court has terminated as to the person, or, in a case in which no petition is filed, five years or more after the person was cited to appear before a probation officer or was taken before a probation officer pursuant to Section 626 or was taken before any officer of a law enforcement agency, or, in any case, at any time after the person has reached 18 years of age, petition the court for sealing of the records, including records of arrest, relating to the person’s case, in the custody of the juvenile court and probation officer and any other agencies, including law enforcement agencies, entities, and public officials as the petitioner alleges, in his or her petition, to have custody of the records. The court shall notify the district attorney of the county and the county probation officer, if he or she is not the petitioner, and the district attorney or probation officer or any of their deputies or any other person having relevant evidence may testify at the hearing on the petition. If, after hearing, the court finds that since the termination of jurisdiction or action pursuant to Section 626, as the case may be, he or she has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers, and exhibits in the person’s case in the custody of the juvenile court sealed, including the juvenile court record, minute book entries, and entries on dockets, and any other records relating to the case in the custody of the other agencies, entities, and officials as are named in the order. Once the court has ordered the person’s records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed. +(B) The court shall send a copy of the order to each agency, entity, and official named in the order, directing the agency or entity to seal its records. Each agency, entity, and official shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and thereupon shall seal the copy of the court’s order for sealing of records that the agency, entity, or official received. +(C) In any case in which a ward of the juvenile court is subject to the registration requirements set forth in Section 290 of the Penal Code, a court, in ordering the sealing of the juvenile records of the person, shall also provide in the order that the person is relieved from the registration requirement and for the destruction of all registration information in the custody of the Department of Justice and other agencies, entities, and officials. +(D) Notwithstanding any other law, the court shall not order the person’s records sealed in any case in which the person has been found by the juvenile court to have committed an offense listed in subdivision (b) of Section 707 when he or she had attained 14 years of age or older. +(2) An unfulfilled order of restitution that has been converted to a civil judgment pursuant to Section 730.6 shall not be a bar to sealing a record pursuant to this subdivision. +(3) Outstanding restitution fines and court-ordered fees shall not be considered when assessing whether a petitioner’s rehabilitation has been attained to the satisfaction of the court and shall not be a bar to sealing a record pursuant to this subdivision. +(4) The person who is the subject of records sealed pursuant to this section may petition the superior court to permit inspection of the records by persons named in the petition, and the superior court may order the inspection of the records. Except as provided in subdivision (b), the records shall not be open to inspection. +(b) In any action or proceeding based upon defamation, a court, upon a showing of good cause, may order any records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed. +(c) (1) Subdivision (a) does not apply to Department of Motor Vehicles records of any convictions for offenses under the Vehicle Code or any local ordinance relating to the operation, stopping and standing, or parking of a vehicle where the record of any such conviction would be a public record under Section 1808 of the Vehicle Code. However, if a court orders a case record containing any such conviction to be sealed under this section, and if the Department of Motor Vehicles maintains a public record of such a conviction, the court shall notify the Department of Motor Vehicles of the sealing and the department shall advise the court of its receipt of the notice. +(2) Notwithstanding any other law, subsequent to the notification, the Department of Motor Vehicles shall allow access to its record of convictions only to the subject of the record and to insurers which have been granted requestor code numbers by the department. Any insurer to which a record of conviction is disclosed, when the conviction record has otherwise been sealed under this section, shall be given notice of the sealing when the record is disclosed to the insurer. The insurer may use the information contained in the record for purposes of determining eligibility for insurance and insurance rates for the subject of the record, and the information shall not be used for any other purpose nor shall it be disclosed by an insurer to any person or party not having access to the record. +(3) This subdivision does not prevent the sealing of any record which is maintained by any agency or party other than the Department of Motor Vehicles. +(4) This subdivision does not affect the procedures or authority of the Department of Motor Vehicles for purging department records. +(d) Unless for good cause the court determines that the juvenile court record shall be retained, the court shall order the destruction of a person’s juvenile court records that are sealed pursuant to this section as follows: five years after the record was ordered sealed, if the person who is the subject of the record was alleged or adjudged to be a person described by Section 601; or when the person who is the subject of the record reaches 38 years of age if the person was alleged or adjudged to be a person described by Section 602, except that if the subject of the record was found to be a person described in Section 602 because of the commission of an offense listed in subdivision (b) of Section 707 when he or she was 14 years of age or older, the record shall not be destroyed. Any other agency in possession of sealed records may destroy its records five years after the record was ordered sealed. +(e) The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. This access shall not be deemed an unsealing of the record and shall not require notice to any other entity. +(f) This section shall not permit the sealing of a person’s juvenile court records for an offense where the person is convicted of that offense in a criminal court pursuant to the provisions of Section 707.1. This subdivision is declaratory of existing law. +(g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution obtained pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. +(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purposes of enforcing a civil judgment or restitution order. +(h) (1) On and after January 1, 2015, each court and probation department shall ensure that information regarding the eligibility for and the procedures to request the sealing and destruction of records pursuant to this section shall be provided to each person who is either of the following: +(A) A person for whom a petition has been filed on or after January 1, 2015, to adjudge the person a ward of the juvenile court. +(B) A person who is brought before a probation officer pursuant to Section 626. +(2) The Judicial Council shall, on or before January 1, 2015, develop informational materials for purposes of paragraph (1) and shall develop a form to petition the court for the sealing and destruction of records pursuant to this section. The informational materials and the form shall be provided to each person described in paragraph (1) when jurisdiction is terminated or when the case is dismissed. +SEC. 3. +Section 903.3 of the Welfare and Institutions Code is amended to read: +903.3. +(a) A person who is 26 years of age or older shall, unless indigent, be liable for the cost to the county and court for any investigation related to the sealing and for the sealing of any juvenile court or arrest records pursuant to Section 781 pertaining to that person. +(b) In the event a petition is filed for an order sealing a record, a person who is 26 years of age or older may be required to reimburse the county and court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors for the county and by the court for the court, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 of the Penal Code and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services. +(c) Notwithstanding subdivision (a), a person shall not be liable for the costs described in this section if a petition to declare the minor a dependent child of the court pursuant to Section 300 is dismissed at or before the jurisdictional hearing. +(d) Any determination of amount made by a court under this section shall be valid only if either (1) made under procedures adopted by the Judicial Council or (2) approved by the Judicial Council. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law authorizes a person to petition the court for an order sealing the record of conviction and other official records in a case in which that person was under 18 years of age at the time of commission of a misdemeanor and is eligible for, or has previously received, specified relief. Existing law authorizes that person to be required to reimburse the court, the county, or any city for the actual cost of services rendered, as specified. +This bill would only make persons 26 years of age or older liable to reimburse the court, the county, or any city for the cost of services. +Existing law authorizes in a case in which a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, in a case in which a person is cited to appear before a probation officer or is taken before a probation officer pursuant to a specified provision of law, or in a case in which a minor is taken before an officer of a law enforcement agency, the person or the county probation officer to petition the court for the sealing of arrest records and records relating to the person’s case in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. +This bill would prohibit an unfulfilled order of restitution that has been converted to a civil judgment from barring the sealing of a record pursuant to the above provisions. The bill would also prohibit outstanding restitution fines and court-ordered fees from being considered when assessing whether a petitioner’s rehabilitation has been attained to the satisfaction of the court and from barring the sealing of a record pursuant to the above provisions. The bill would provide that a minor is not relieved of the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. The bill would provide that sealing a record does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution, and that a victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. By increasing the number of records local agencies would be required to seal, this bill would impose a state-mandated local program. +Existing law makes a father, mother, spouse, or other person liable for the support of a minor person, the minor when he or she becomes an adult, or the estates of those persons, liable for the cost to the county and court for any investigation related to the sealing and for the sealing of any juvenile court or arrest records pursuant to the above-mentioned provisions. Existing law also authorizes those persons to be required to reimburse the court, county, or a city for the actual cost of services rendered, as specified. +This bill would only require persons 26 years of age or older who petition for an order sealing his or her record, pursuant to specified provisions, to be liable for the investigative costs and to reimburse the costs of services rendered. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 1203.45 of the Penal Code, and to amend Sections 781 and 903.3 of the Welfare and Institutions Code, relating to court records." +145,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6603 of the Welfare and Institutions Code is amended to read: +6603. +(a) A person subject to this article shall be entitled to a trial by jury, to the assistance of counsel, to the right to retain experts or professional persons to perform an examination on his or her behalf, and to have access to all relevant medical and psychological records and reports. In the case of a person who is indigent, the court shall appoint counsel to assist him or her, and, upon the person’s request, assist the person in obtaining an expert or professional person to perform an examination or participate in the trial on the person’s behalf. Any right that may exist under this section to request DNA testing on prior cases shall be made in conformity with Section 1405 of the Penal Code. +(b) The attorney petitioning for commitment under this article shall have the right to demand that the trial be before a jury. +(c) (1) If the attorney petitioning for commitment under this article determines that updated evaluations are necessary in order to properly present the case for commitment, the attorney may request the State Department of State Hospitals to perform updated evaluations. If one or more of the original evaluators is no longer available to testify for the petitioner in court proceedings, the attorney petitioning for commitment under this article may request the State Department of State Hospitals to perform replacement evaluations. When a request is made for updated or replacement evaluations, the State Department of State Hospitals shall perform the requested evaluations and forward them to the petitioning attorney and to the counsel for the person subject to this article. However, updated or replacement evaluations shall not be performed except as necessary to update one or more of the original evaluations or to replace the evaluation of an evaluator who is no longer available to testify for the petitioner in court proceedings. These updated or replacement evaluations shall include review of available medical and psychological records, including treatment records, consultation with current treating clinicians, and interviews of the person being evaluated, either voluntarily or by court order. If an updated or replacement evaluation results in a split opinion as to whether the person subject to this article meets the criteria for commitment, the State Department of State Hospitals shall conduct two additional evaluations in accordance with subdivision (f) of Section 6601. +(2) For purposes of this subdivision, “no longer available to testify for the petitioner in court proceedings” means that the evaluator is no longer authorized by the Director of State Hospitals to perform evaluations regarding sexually violent predators as a result of any of the following: +(A) The evaluator has failed to adhere to the protocol of the State Department of State Hospitals. +(B) The evaluator’s license has been suspended or revoked. +(C) The evaluator is unavailable pursuant to Section 240 of the Evidence Code. +(D) The independent professional or state employee who has served as the evaluator has resigned or retired and has not entered into a new contract to continue as an evaluator in the case, unless this evaluator, in his or her most recent evaluation of the person subject to this article, opined that the person subject to this article does not meet the criteria for commitment. +(d) This section does not prevent the defense from presenting otherwise relevant and admissible evidence. +(e) If the person subject to this article or the petitioning attorney does not demand a jury trial, the trial shall be before the court without a jury. +(f) A unanimous verdict shall be required in any jury trial. +(g) The court shall notify the State Department of State Hospitals of the outcome of the trial by forwarding to the department a copy of the minute order of the court within 72 hours of the decision. +(h) This section does not limit any legal or equitable right that a person may have to request DNA testing. +(i) Subparagraph (D) of paragraph (2) of subdivision (c) does not affect the authority of the State Department of State Hospitals to conduct two additional evaluations when an updated or replacement evaluation results in a split opinion. +(j) (1) Notwithstanding any other law, the evaluator performing an updated evaluation shall include with the evaluation a statement listing all records reviewed by the evaluator pursuant to subdivision (c). The court shall issue a subpoena, upon the request of either party, for a certified copy of these records. The records shall be provided to the attorney petitioning for commitment and the counsel for the person subject to this article. The attorneys may use the records in proceedings under this article and shall not disclose them for any other purpose. +(2) This subdivision does not affect the right of a party to object to the introduction at trial of all or a portion of a record subpoenaed under paragraph (1) on the ground that it is more prejudicial than probative pursuant to Section 352 of the Evidence Code or that it is not material to the issue of whether the person subject to this article is a sexually violent predator, as defined in subdivision (a) of Section 6600, or to any other issue to be decided by the court. If the relief is granted, in whole or in part, the record or records shall retain any confidentiality that may apply under Section 5328 of this code and Section 1014 of the Evidence Code. +(3) This subdivision does not affect any right of a party to seek to obtain other records regarding the person subject to this article. +(4) Except as provided in paragraph (1), this subdivision does not affect any right of a committed person to assert that records are confidential under Section 5328 of this code or Section 1014 of the Evidence Code. +SEC. 2. +Nothing in this act is intended to affect the determination by the Supreme Court of California, in People v. Superior Court (Smith) (Docket No. S225562), whether an expert retained by the district attorney in a proceeding under the Sexually Violent Predator Act (Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code) is entitled to review otherwise confidential treatment information under Section 5328 of the Welfare and Institutions Code.","Existing law provides for the civil commitment of criminal offenders who have been determined to be sexually violent predators for treatment in a secure state hospital facility. Under existing law, persons to be evaluated for civil commitment are evaluated by 2 practicing psychiatrists or psychologists designated by the Director of State Hospitals. If both evaluators concur that the person is likely to engage in acts of sexual violence without appropriate treatment and custody, the director is required to forward a request for a petition for commitment to the district attorney or county counsel, who may then file the petition with the court. +Under existing law, if the attorney petitioning for commitment determines that updated evaluations are necessary in order to properly present the case for commitment, the attorney may request the department to perform updated evaluations, which include the review of available medical and psychological records, including treatment records, consultation with current treating clinicians, and interviews of the person being evaluated. Existing law requires that the department forward the updated evaluations to the petitioning attorney and to the counsel for the person who is the subject of the commitment hearing. +This bill would require the evaluator performing an updated evaluation to include a statement listing the medical and psychological records reviewed by the evaluator, and would direct the court to issue a subpoena, upon the request of either party to the civil commitment proceeding, for a certified copy of these records. The bill would authorize the attorneys to use the records in the commitment proceeding, but would prohibit disclosure of the records for any other purpose.","An act to amend Section 6603 of the Welfare and Institutions Code, relating to sexually violent predators." +146,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 42356 of the Public Resources Code is amended to read: +42356. +For purposes of this chapter, the following definitions apply: +(a) “ASTM” means +ASTM International, which was formerly known +as +the American Society for Testing and Materials. +(b) (1) “ASTM standard specification” means one of the following: +(A) The ASTM Standard Specification for Compostable Plastics D6400, as published in September 2004, except as provided in subdivision (c) of Section 42356.1. +(B) The ASTM Standard Specification for Non-Floating Biodegradable Plastics in the Marine Environment D7081, as published in August 2005, except as provided in subdivision (c) of Section 42356.1. +(C) The ASTM Standard Specification for Biodegradable Plastics Used as Coatings on Paper and Other Compostable Substrates D6868, as published in August 2003, except as specified in subdivision (c) of Section 42356.1. +(2) “ASTM standard specification” does not include an ASTM Standard Guide, a Standard Practice, or a Standard Test Method. +(c) “Department” means the Department of Resources Recycling and Recovery. +(d) “Manufacturer” means a person, firm, association, partnership, or corporation that produces a plastic product. +(e) “OK home compost” means conformity with the existing Vincotte certification “OK Compost HOME certification” which, as of January 1, 2011, uses European Norm 13432 standard adapted to low-temperature composting in accordance with the Vincotte program “OK 2-Home Compostability of Products.” +(f) “Plastic product” means a product made of plastic, whether alone or in combination with other material, including, but not limited to, paperboard. A plastic product includes, but is not limited to, any of the following: +(1) (A) A consumer product. +(B) For purposes of this paragraph, “consumer product” means a product or part of a product that is used, bought, or leased for use by a person for any purpose. +(2) A package or a packaging component. +(3) A bag, sack, wrap, or other thin plastic sheet film product. +(4) A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil. +(g) “Supplier” means a person who does one or more of the following: +(1) Sells, offers for sale, or offers for promotional purposes, a plastic product that is used. +(2) Takes title to a plastic product, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes. +(h) “Vincotte certification” means a certification of a European norm (EN) standard adopted by the Belgian-accredited inspection and certification organization Vincotte. +SEC. 2. +Section 42357 of the Public Resources Code is amended to read: +42357. +(a) (1) Except as provided in paragraph (3), a person shall not sell a plastic product in this state that is labeled with the term “compostable,” “home compostable,” or “marine degradable” unless, at the time of sale, the plastic product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section +42356 +42356, +or the Vincotte OK Compost HOME certification, as provided in paragraph (4). +(2) Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1). +(3) Notwithstanding paragraph (1), a person may sell a plastic product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the plastic product meets the relevant standard adopted by the department pursuant to Section 42356.2. +(4) (A) A plastic product shall not be labeled with the term “home compostable” unless the manufacturer of that plastic product holds a Vincotte OK Compost HOME certificate of conformity with regard to that product, except as provided in subparagraph (B) or (C). +(B) Notwithstanding paragraph (1), if +the +ASTM adopts a standard specification for the term “home compostable” on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK Compost HOME certification, a plastic product labeled with the term “home compostable” shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability. +(C) If the department adopts a standard pursuant to Section 42356.2, a plastic product labeled with the term “home compostable” shall meet that standard and not the standard specified in subparagraph (A) or (B). +(b) Except as provided in subdivision +(a), +(a) or (e), +a person shall not sell a plastic product in this state that is labeled with the term “biodegradable,” “degradable,” or “decomposable,” or any form of those terms, or in any way imply that the plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment. +(c) A manufacturer or supplier, upon the request of a member of the public, shall submit to that member, within 90 days of the request, information and documentation demonstrating compliance with this chapter, in a format that is easy to understand and scientifically accurate. +(d) A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission. +(e) (1) If ASTM adopts a standard for Work Item ASTM WK29802, New Specification for Aerobically Biodegradable Plastics in Soil Environment in the Temperate Zone, the director may adopt that ASTM standard specification. +(2) A person may sell commercial agricultural mulch film labeled with the term “soil biodegradable” only if it meets an ASTM standard specification that the director has adopted pursuant to paragraph (1). +(3) For purposes of this subdivision, “commercial agricultural mulch film” means film plastic that is used as a technical tool in commercial farming applications.","Existing law prohibits the sale of a plastic product labeled as “compostable,” “home compostable,” or “marine degradable” unless it meets a certain specification, certification, or standard and prohibits the sale of a plastic product that is labeled as “biodegradable,” “degradable,” “decomposable,” or as otherwise specified. The term “plastic product” is defined for purposes of these prohibitions. +This bill would authorize the labeling of commercial agricultural mulch film, as defined, sold in the state as “soil biodegradable” if it meets a specified standard for biodegradability of plastics adopted by ASTM International and that standard is also adopted by the Director of Resources Recycling and Recovery. The bill also would make nonsubstantive changes relating to the definition of ASTM International.","An act to amend Sections 42356 and 42357 of the Public Resources Code, relating to solid waste." +147,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 23103 of the Vehicle Code is amended to read: +23103. +(a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. +(b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. +(c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than 5 days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105. +(d) (1) If a person is convicted of a violation of subdivision (a) or (b) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owner’s expense for 30 days. +(A) The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2. +(B) If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendant’s family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded. +(2) A vehicle seized and impounded pursuant to paragraph (1) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met: +(A) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle. +(B) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment. +(C) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle. +SEC. 2. +Section 23109 of the Vehicle Code is amended to read: +23109. +(a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but the vehicle does not exceed the speed limits, is not a speed contest. +(b) A person shall not aid or abet in any motor vehicle speed contest on any highway. +(c) A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway. +(d) A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway. +(e) (1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. This subdivision does not interfere with the court’s power to grant probation in a suitable case. +(2) If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. +(f) (1) If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). +(2) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). +(3) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). +(4) The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the person’s privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. +(5) This subdivision does not interfere with the court’s power to grant probation in a suitable case. +(g) If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the person’s privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f). +(h) (1) If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owner’s expense for 30 days. +(A) The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2. +(B) If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendant’s family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded. +(2) If the impounded vehicle was found to be in violation of a mechanical requirement of this code, or the vehicle is inspected pursuant to Section 2806 and found in violation of this code, an officer may issue a notice to correct pursuant to Section 40303.5, and correction of the violation as set forth in Sections 40610 and 40611 shall be made within 30 days of the date the vehicle was released from impound. Upon correction, the violation issued pursuant to 40303.5 shall be dismissed pursuant to Section 40522. +(3) A vehicle seized and impounded pursuant to paragraph (1) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met: +(A) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle. +(B) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment. +(C) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle. +(i) A person who violates subdivision (b), (c), or (d) shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment. +(j) If a person’s privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that person’s driver’s license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the person’s records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction. +(k) The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. +(l) This section shall be known and may be cited as the Louis Friend Memorial Act. +SEC. 3. +Section 23109.2 of the Vehicle Code is amended to read: +23109.2. +(a) (1) Whenever a peace officer determines that a person was engaged in any of the activities set forth in paragraph (2), the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that offense in accordance with Chapter 10 (commencing with Section 22650). A motor vehicle so seized may be impounded for not more than 30 days. +(2) (A) A motor vehicle speed contest, as described in subdivision (a) of Section 23109. +(B) Reckless driving on a highway, as described in subdivision (a) of Section 23103. +(C) Reckless driving in an offstreet parking facility, as described in subdivision (b) of Section 23103. +(D) Exhibition of speed on a highway, as described in subdivision (c) of Section 23109. +(b) The registered and legal owner of a vehicle removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852. +(c) (1) Notwithstanding Chapter 10 (commencing with Section 22650) or any other provision of law, an impounding agency shall release a motor vehicle to the registered owner or his or her agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances: +(A) If the vehicle is a stolen vehicle. +(B) If the person alleged to have been engaged in the motor vehicle speed contest, as described in subdivision (a), was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense. +(C) If the registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation pursuant to subdivision (a), or was unaware that the driver was using the vehicle to engage in any of the activities described in subdivision (a). +(D) If the legal owner or registered owner of the vehicle is a rental car agency. +(E) If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court. +(2) A vehicle shall be released pursuant to this subdivision only if the registered owner or his or her agent presents a currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or if ordered by a court. +(3) If, pursuant to subparagraph (E) of paragraph (1) a motor vehicle is released prior to the conclusion of the impoundment period, neither the person charged with a violation of subdivision (a) of Section 23109 nor the registered owner of the motor vehicle is responsible for towing and storage charges nor shall the motor vehicle be sold to satisfy those charges. +(d) A vehicle seized and removed under subdivision (a) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met: +(1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle. +(2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment. +(3) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle. +(e) (1) The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5. +(2) Notwithstanding paragraph (1), if the person convicted of engaging in the activities set forth in paragraph (2) of subdivision (a) was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense, the court shall order the convicted person to reimburse the registered owner for any towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5 incurred by the registered owner to obtain possession of the vehicle, unless the court finds that the person convicted does not have the ability to pay all or part of those charges. +(3) If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 incurred by the rental car agency in connection with obtaining possession of the vehicle. +(4) The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs. +(5) The vehicle may not be sold prior to the defendant’s conviction. +(6) The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c). Notwithstanding this provision, nothing shall prohibit impounding agencies from making prior payment arrangements to satisfy this requirement. +(f) Any period when a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (d) of Section 23103 or subdivision (h) of Section 23109. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law makes it a crime to engage in a motor vehicle speed contest on a highway. Existing law prohibits an individual from driving a vehicle upon a highway or in an offstreet parking facility in a reckless manner. Existing law authorizes a peace officer, upon determining that a person was engaged in any of these crimes, to impound the vehicle used for the offense for no more than 30 days. Existing law provides that if a person is convicted of engaging in a motor vehicle speed contest on a highway and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owner’s expense for not less than one day nor more than 30 days. +This bill would require the vehicle used in the violation of the crimes above, if it is registered to the person convicted of engaging in a motor vehicle speed contest or reckless driving, to be impounded for 30 days, subject to specified exceptions. By imposing new requirements on local agencies, the bill would create a state-mandated local program. The bill would clarify that, upon finding a violation of any mechanical requirements, an officer to issue a notice to correct, and require the correction to be made within 30 days of release of the vehicle from impoundment. The bill would also require the vehicle to be released before the 30th day if the legal owner who is not the registered owner, holds a security interest in the vehicle, presents foreclosure documents or an affidavit of repossession, and meets other specified conditions. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 23103, 23109, and 23109.2 of the Vehicle Code, relating to vehicles." +148,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares the following: +(a)According to the Employment Development Department, Labor Market Information Division, there were over 600,000 long-term unemployed in California in February of 2014, well above pre-Great Recession levels. +(b)Counting people who are out of work and have stopped searching, California had the highest “U6” unemployment rate in the country, 15.8 percent, in late 2014. +(c)The federal Supplemental Nutrition Assistance Program Employment and Training Program offers a dollar for dollar federal match of allowable expenses to fund employment training and post-employment support for CalFresh recipients for the purposes of increasing future earnings in order to reduce their dependence on CalFresh. +SEC. 2. +SECTION 1. +Section 11327.10 is added to the Welfare and Institutions Code, to read: +11327.10. +(a) +When a CalWORKs recipient has been sanctioned due to noncompliance with his or her welfare-to-work plan, pursuant to Section 11327.4, the recipient shall not be assigned a CalFresh penalty until the county has +determined +completed all of the following: +(1) Determined +that the individual does not qualify for an exemption to the CalFresh work requirement and has not registered for work, +and +the county has notified the recipient that the recipient is not eligible for an +exemption, and has instructed +exemption. +(2) +I +nstructed +the recipient about how to comply with the requirements or verify an exemption to the CalFresh work requirements. +If +(b) If +the recipient complies with the requirements during the notice of adverse action period and has registered for work with the Employment Development Department, the proposed penalty shall be canceled and shall not count as an occurrence for the purposes of determining the length of future CalFresh disqualification periods. +If a county elects to administer a CalFresh E&T program pursuant to Section 18926.5, it shall screen these recipients pursuant to paragraph (b) of Section 18926.5 before placement into the program. Receipt +(c) A CalFresh recipient also receiving CalWORKs cash aid or CalWORKs postemployment services is ineligible to participate in the CalFresh E&T program, but the receipt +of CalWORKs cash aid by another person in the recipient’s household does not impact the eligibility of a CalFresh recipient to participate in a CalFresh E&T program. +SEC. 3. +SEC. 2. +Section 18901.65 is added to the Welfare and Institutions Code, to read: +18901.65. +The department shall seek a federal waiver to allow county human services agencies to serve CalFresh E&T program recipients for up to five months, to match the length of service for transitional CalFresh benefits, established in Section +18901.6, with the post-employment services of the CalFresh E&T program, established in Section 18926.5, for a period of up to five months. +18901.6. +SEC. 4. +SEC. 3. +Section 18901.12 is added to the Welfare and Institutions Code, to read: +18901.12. +The state shall include the CalFresh E&T program in the state’s Workforce Investment and Opportunity Act state plan in order to improve coordination between established workforce training programs. +SEC. 5. +SEC. 4. +Section 18901.13 is added to the Welfare and Institutions Code, to read: +18901.13. +(a) The department shall, in order to improve employment opportunities and increase wages of CalFresh recipients by increasing access to adult and +post-secondary +postsecondary +education and vocational training programs at California Community Colleges, annually issue guidance through all-county letters for county human services agencies wishing to partner with a community college in the administration of its CalFresh E&T +program, and support any county seeking approval by the United States Department of Agriculture to include a community college component in its approved CalFresh E&T program plan. +program. +(b) The guidance provided for in this section +may be issued with other employment and training guidance not specific to community colleges and +shall include: +(1) A +list of approved sources of +description of requirements for a +state share match +for +that is specific to +community college CalFresh E&T programs. +(2) A list of education courses +that would be approved +known by the department to qualify +under Section 4007 of the Agricultural Act of 2014 (7 U.S.C. Sec. 2015(e)(3)(B)), which are either: +(A) Part of a program of career and technical education, as defined in the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. Sec. 2302) that may be completed within four years at an institution of higher education, as defined in Section 102 of the Higher Education Act of 1965 (20 U.S.C. Sec. 1002). +(B) Limited to remedial courses, basic adult education, literacy, or English as a second language. +(3) The additional outcomes that are required to be reported beyond those required by subdivision (c) of Section 18926.5, when a county’s CalFresh E&T program includes a community college component. +(4) The process for verifying that a student is eligible to participate in the CalFresh E&T program at a community college. A student is eligible to be assigned to participate in the program by the county human services agency or designee of the agency only as a volunteer, not as a mandatory participant. A CalFresh recipient also receiving CalWORKs cash aid +or CalWORKs postemployment services +is ineligible to participate in the CalFresh E&T program, but the receipt of CalWORKs cash aid by other people in his or her household shall not impact his or her eligibility for the CalFresh E&T program. +(c) Nothing in this section requires a county to offer a particular component as a part of its CalFresh E&T plan or restricts the use of federal funds for the financing of CalFresh E&T programs. +SEC. 6. +SEC. 5. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), formerly the Food Stamp Program, under which nutrition assistance benefits, formerly referred to as food stamps, are allocated to each state by the federal government. That program, as administered in California, is known as CalFresh. Under existing state law, pursuant to CalFresh, California’s federal allocation is distributed to eligible individuals by each county. Existing law establishes eligibility and benefit level requirements for receipt of CalFresh benefits. +Existing law authorizes counties to participate in the CalFresh Employment and Training (CalFresh E&T) program, established with the purpose of assisting members of CalFresh households to obtain regular employment, and requires participating counties to screen CalFresh work registrants to determine whether they will participate in, or be exempt from, the CalFresh E&T program. +The bill would require the State Department of Social Services to request a waiver from the federal government to allow county human services agencies to serve CalFresh E&T recipients for up to 5 months, to match the length of services of transitional CalFresh benefits +with the post-employment services of the CalFresh E&T program, for a period of up to 5 months +. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. +This bill would require the department, in order to improve employment opportunities and increase wages of CalFresh recipients by increasing access to adult and +post-secondary +postsecondary +education and vocational training programs at California community colleges, annually issue guidance through all county letters for county human services agencies wishing to partner with a community college in the administration of its CalFresh E&T program, as specified. +Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program for the allocation of federal funds received through the TANF program, under which each county provides cash assistance and other benefits to qualified low-income families. +Under existing law, when an individual fails or refuses to comply with specified components of the CalWORKs program without good cause, the individual is subject to prescribed financial sanctions. +This bill would provide that when a CalWORKs recipient has been sanctioned due to noncompliance with his or her welfare-to-work plan, the recipient shall not be assigned a CalFresh penalty until the county has determined that the individual does not qualify for an exemption to the CalFresh work requirement and has not registered for work, the county has notified the recipient that the recipient is not eligible for an exemption, and has instructed the recipient about how to comply with the requirements or verify an exemption to the CalFresh work requirements. The bill would also require that if the CalFresh recipient complies with the requirement during the notice of adverse action period and has registered for work with the Employment Development Department, the proposed penalty would be canceled and would not count as an occurrence for the purposes of determining the length of future CalFresh disqualification periods. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. +The bill would require the CalFresh E&T program to be included in the state’s Workforce Investment and Opportunity Act state plan in order to improve coordination between established workforce training programs. +The bill would state findings and declarations by the Legislature relative to unemployment rates and CalFresh recipients. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Sections 11327.10, +18901.11, +18901.65, +18901.12, and 18901.13 to the Welfare and Institutions Code, relating to public social services." +149,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The Legislature has previously provided funding for replacement of polluting and aged schoolbuses in small and disadvantaged communities. +(b) Schoolbus replacement programs currently exist in the Bay Area and the Los Angeles Basin. For example, the Lower-Emission School Bus Program is a partnership between the State Air Resources Board and air districts, and is administered by the Bay Area Air Quality Management District in the Bay Area. The goals of that program are to reduce the exposure of schoolchildren to harmful emissions of particulate matter, oxides of nitrogen, and nonmethane hydrocarbons, which contribute to summertime smog. +(c) Air districts currently evaluate qualified projects in disproportionately impacted communities, according to regional poverty level, particulate matter exposure, toxic exposure, and disproportionate impact mapping that works to promote schoolbus replacement in densely populated areas. +(d) It is also necessary to provide funding for schoolbus replacement in less populated areas with disadvantaged communities. +SEC. 2. +Section 39719.4 is added to the Health and Safety Code, to read: +39719.4. +(a) The Schoolbus Replacement for Small and Disadvantaged Communities Grant Program is hereby created, to be administered by the State Department of Education in conjunction with the state board. Commencing in the 2015–16 fiscal year, the sum of five million dollars ($5,000,000) annually is hereby appropriated from the fund to the department to fund the purchase of new schoolbuses to replace existing schoolbuses by applicants eligible under this section. Funds made available under the program shall be used to reduce greenhouse gas emissions in the state in accordance with Section 39712. +(b) (1) A school district or county office of education with an average daily attendance of less than 2,501, with more than 50 percent of the pupil population qualifying for free or reduced-price lunch programs, shall be eligible to apply to the department for a grant under this section. +(2) A school district or county office of education meeting the requirements of paragraph (1) and providing pupil transportation services through a cooperative, consortium, or joint powers agreement, shall be an eligible applicant under the program. +(3) The Division of State Special Schools of the State Department of Education shall also be an eligible applicant under the program. +(c) The State Department of Education shall develop priority categories for funds available under this section based solely on vehicle age and accumulated mileage. An eligible applicant shall submit, as evidence of the condition of the vehicle to be replaced, the most recent inspection report of the Department of the California Highway Patrol, a repair estimate made by an independent repair shop, and any other information requested by the department. +(d) The State Department of Education shall estimate the cost of a replacement schoolbus of the same capacity as the schoolbus being replaced. Program funds made available to an applicant for a schoolbus may not exceed that estimated cost. However, an applicant may use other funds available to the applicant to purchase a schoolbus that is more expensive than the model used by the department to make its cost estimate. +(e) A schoolbus purchased with funds made available by this section shall meet the requirements of federal Motor Vehicle Safety Standard 222. +(f) (1) A schoolbus that has been disposed of is not eligible for replacement under the program. +(2) For an eligible applicant with fewer than three schoolbuses, a schoolbus shall be considered disposed of for the purposes of replacement if it is designated as a temporary schoolbus. A temporary schoolbus is a schoolbus that has annual mileage of no more than 10 percent of the total average annual mileage of all nontemporary schoolbuses of that applicant measured over the prior five years. +(3) After a schoolbus is designated as a temporary schoolbus, it may only be used as a schoolbus if it is in compliance with all applicable provisions of the Vehicle Code and associated regulations. +(g) Schoolbus purchases with funds made available under the program shall be made by the Department of General Services, to the extent practicable. The title to a schoolbus purchased by the Department of General Services shall be in the name of the applicant for which the schoolbus was purchased. +(h) Funds shall be made available for schoolbuses used in special education in a proportion to total funding not less than the proportion of special education schoolbuses to the total number of schoolbuses in the state, as determined by the State Department of Education. The department may adopt regulations to implement this section in an equitable manner. +SECTION 1. +Section 9552 of the +Vehicle Code +is amended to read: +9552. +(a)When a vehicle is operated on a highway of this state without the fees first having been paid as required by this code, and those fees have not been paid within 30 days of its first operation, those fees are delinquent, except as provided in subdivision (b). +(b)Fees are delinquent when an application for renewal of registration, or an application for renewal of special license plates, is made after midnight of the expiration date of the registration or special plates, or 60 days after the date the registered owner is notified by the department pursuant to Section 1661, whichever is later. +(c)When a person has received as transferee a properly endorsed certificate of ownership and the transfer fee has not been paid as required by this code within 10 days, the fee is delinquent. +(d)When a person becomes an automobile dismantler, dealer, manufacturer, manufacturer branch, distributor, distributor branch, or transporter without first having paid the license and special plate fees as required by this code, the fees are delinquent.","Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, commonly known as cap and trade revenues, to be deposited in the Greenhouse Gas Reduction Fund and to be used, upon appropriation by the Legislature, for specified purposes. Existing law provides various programs to fund the acquisition of schoolbuses. +This bill would create the Schoolbus Replacement for Small and Disadvantaged Communities Grant Program, and would appropriate $5 million annually from the Greenhouse Gas Reduction Fund to the State Department of Education for the program. The program would be administered by the department in conjunction with the State Air Resources Board, and would provide schoolbus replacement grants to school districts or county offices of education with an average daily attendance of less than 2,501 and with more than 50% of the pupil population qualifying for free or reduced-rate lunch programs, and to certain other eligible applicants. The bill would impose various requirements in that regard. The bill would also make legislative findings and declarations. +Under existing law, fees required by the Vehicle Code are delinquent when a vehicle is operated on a highway without those fees first having been paid and when those fees have not been paid within 20 days of the vehicle’s first operation, subject to specified exceptions. +This bill would increase that amount of time to 30 days.","An act to amend Section 9552 of the Vehicle Code, relating to vehicles. +An act to add Section 39719.4 to the Health and Safety Code, relating to greenhouse gases, and making an appropriation therefor." +150,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3701 of the Business and Professions Code is amended to read: +3701. +(a) The Legislature finds and declares that the practice of respiratory care in California affects the public health, safety, and welfare and is to be subject to regulation and control in the public interest to protect the public from the unauthorized and unqualified practice of respiratory care and from unprofessional conduct by persons licensed to practice respiratory care. The Legislature also recognizes the practice of respiratory care to be a dynamic and changing art and science, the practice of which is continually evolving to include newer ideas and more sophisticated techniques in patient care. +(b) It is the intent of the Legislature in this chapter to provide clear legal authority for functions and procedures which have common acceptance and usage. It is the intent also to recognize the existence of overlapping functions between physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care personnel, and to permit additional sharing of functions within organized health care systems. The organized health care systems include, but are not limited to, health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, clinics, home health agencies, physicians’ offices, and public or community health services. +(c) For purposes of this section, it is the intent of the Legislature that “overlapping functions” includes, but is not limited to, providing therapy, management, rehabilitation, diagnostic evaluation, and care for nonrespiratory-related diagnoses or conditions provided (1) a health care facility has authorized the respiratory care practitioner to provide these services and (2) the respiratory care practitioner has maintained current competencies in the services provided, as needed. +SEC. 2. +Section 3702 of the Business and Professions Code is amended to read: +3702. +(a) Respiratory care as a practice means a health care profession employed under the supervision of a medical director in the therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities which affect the pulmonary system and associated aspects of cardiopulmonary and other systems functions, and includes all of the following: +(1) Direct and indirect pulmonary care services that are safe, aseptic, preventive, and restorative to the patient. +(2) Direct and indirect respiratory care services, including, but not limited to, the administration of pharmacological and diagnostic and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribed by a physician and surgeon. +(3) Observation and monitoring of signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing and (A) determination of whether such signs, symptoms, reactions, behavior, or general response exhibits abnormal characteristics; (B) implementation based on observed abnormalities of appropriate reporting or referral or respiratory care protocols, or changes in treatment regimen, pursuant to a prescription by a physician and surgeon or the initiation of emergency procedures. +(4) The diagnostic and therapeutic use of any of the following, in accordance with the prescription of a physician and surgeon: administration of medical gases, exclusive of general anesthesia; aerosols; humidification; environmental control systems and baromedical therapy; pharmacologic agents related to respiratory care procedures; mechanical or physiological ventilatory support; bronchopulmonary hygiene; cardiopulmonary resuscitation; maintenance of the natural airways; insertion without cutting tissues and maintenance of artificial airways; diagnostic and testing techniques required for implementation of respiratory care protocols; collection of specimens of blood; collection of specimens from the respiratory tract; analysis of blood gases and respiratory secretions. +(5) The transcription and implementation of the written and verbal orders of a physician and surgeon pertaining to the practice of respiratory care. +(b) As used in this section, the following apply: +(1) “Associated aspects of cardiopulmonary and other systems functions” includes patients with deficiencies and abnormalities affecting the heart and cardiovascular system. +(2) “Respiratory care protocols” means policies and protocols developed by a licensed health facility through collaboration, when appropriate, with administrators, physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care practitioners. +SEC. 3. +Section 3702.7 of the Business and Professions Code is amended to read: +3702.7. +The respiratory care practice is further defined and includes, but is not limited to, the following: +(a) Mechanical or physiological ventilatory support as used in paragraph (4) of subdivision (a) of Section 3702 includes, but is not limited to, any system, procedure, machine, catheter, equipment, or other device used in whole or in part, to provide ventilatory or oxygenating support. +(b) Administration of medical gases and pharmacological agents for the purpose of inducing conscious or deep sedation under physician and surgeon supervision and the direct orders of the physician and surgeon performing the procedure. +(c) All forms of extracorporeal life support, including, but not limited to, extracorporeal membrane oxygenation (ECMO) and extracorporeal carbon dioxide removal (ECCO2R). +(d) Educating students, health care professionals, or consumers about respiratory care, including, but not limited to, education of respiratory core courses or clinical instruction provided as part of a respiratory educational program and educating health care professionals or consumers about the operation or application of respiratory care equipment and appliances. +(e) The treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders as provided in Chapter 7.8 (commencing with Section 3575). +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Respiratory Care Practice Act, provides for the licensure and regulation of the practice of respiratory therapy by the Respiratory Care Board of California. A violation of the act is a crime. +Existing law declares it is the intent of the Legislature to recognize the existence of overlapping functions between physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care personnel, and to permit additional sharing of functions within organized health care systems, as specified. Existing law also states that nothing in the act shall be construed to authorize a respiratory care practitioner to practice medicine, surgery, or any other form of healing, except as authorized by the act. +This bill, for intent purposes, would define “overlapping functions” to include providing therapy, management, rehabilitation, diagnostic evaluation, and care for nonrespiratory-related diagnoses or conditions provided certain requirements are met. +Under existing law, respiratory care as a practice means a health care profession employed under the supervision of a medical director in the therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities which affect the pulmonary system and associated aspects of cardiopulmonary and other systems functions, and includes, among other things, direct and indirect pulmonary care services that are safe, aseptic, preventive, and restorative to the patient. Existing law provides for the registration and regulation of certified polysomnographic technologists by the Medical Board of California. Under existing law governing polysomnographic technologists, the practice of polysomnography is defined to include the treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders. Existing law governing polysomnographic technologists exempts from those provisions, among others, respiratory care practitioners working within the scope of practice of their license. +This bill would provide that associated aspects of cardiopulmonary and other systems functions includes patients with deficiencies and abnormalities affecting the heart and cardiovascular system. The bill would further define the respiratory care practice to include, among other things, the administration of medical gases and pharmacological agents for the purpose of inducing conscious or deep sedation under specified supervision and direct orders, all forms of specified life support, and the treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders. By changing the definition of a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 3701, 3702, and 3702.7 of the Business and Professions Code, relating to healing arts." +151,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19006 of the Revenue and Taxation Code is amended to read: +19006. +(a) The spouse who controls the disposition of or who receives or spends community income as well as the spouse who is taxable on the income is liable for the payment of the taxes imposed by Part 10 (commencing with Section 17001) on that income. +(b) (1) Whenever a joint return is filed by a husband and wife, the liability for the tax on the aggregate income is joint and several. +(2) The amount of liability on a joint return may not be reduced, but a court in a proceeding for dissolution of the marriage may determine the individual responsible for all or part of the liability, provided the order revising tax liability on the joint return: +(A) Must separately state the income tax liabilities for the taxable years for which revision of tax liability is granted. +(B) Shall not revise a tax liability that has been fully paid prior to the effective date of the order; however, any unpaid amount may be revised. +(C) Shall become effective when the Franchise Tax Board is served with or acknowledges receipt of the order. +(D) (i) Shall not be effective if the gross income reportable on the return exceeds two hundred thousand dollars ($200,000) or the amount of tax liability the spouse is relieved of exceeds ten thousand dollars ($10,000), unless a tax revision clearance certificate is obtained from the Franchise Tax Board and filed with the court. +(ii) Beginning on January 1, 2018, and annually thereafter, the amounts specified in clause (i) shall be recomputed in accordance with subparagraph (B) of paragraph (3) of subdivision (b) of Section 19442, modified by substituting “January 1, 2018” for “January 1, 2004.” +(E) Shall not be effective to relieve a spouse of the tax liability on income earned by or subject to the exclusive management and control of that spouse if either of the following applies: +(i) Assets or liabilities are transferred between the individuals filing the joint return for the principal purpose of avoidance of the payment of tax or as part of a fraudulent scheme by those individuals. +(ii) That liability is uncollectible and, within three years of the date the court order is effective pursuant to subparagraph (C), either of the following also applies: +(I) The spouse obligated to pay that liability pursuant to the court order files for bankruptcy and that liability is discharged in bankruptcy. +(II) The spouse obligated to pay that liability pursuant to the court order becomes a nonresident. +(c) Notwithstanding subdivision (a) or paragraph (1) of subdivision (b), whenever a joint return is filed by a husband and wife and the tax liability is not fully paid, that liability, including interest and penalties, may be revised by the Franchise Tax Board as to one spouse. +(1) However, the liability shall not be revised: +(A) To relieve a spouse of tax liability on income earned by or subject to the exclusive management and control of the spouse. The liability of the spouse for the tax, penalties, and interest due for the taxable year shall be in the same ratio to total tax, penalties, and interest due for the taxable year as the income earned by or subject to the management and control of the spouse is to total gross income reportable on the return. +(B) To relieve a spouse of liability below the amount actually paid on the liability prior to the granting of relief, including credit from any other taxable year available for application to the liability. +(2) The liability may be revised only if the spouse whose liability is to be revised establishes that he or she did not know of, and had no reason to know of, the nonpayment at the time the return was filed. For purposes of this paragraph, “reason to know” means whether or not a reasonably prudent person would have had reason to know of the nonpayment. +(3) The determination of the Franchise Tax Board as to whether the liability is to be revised as to one spouse shall be made not less than 30 days after notification of the other spouse and shall be based upon whether, under all of the facts and circumstances surrounding the nonpayment, it would be inequitable to hold the spouse requesting revision liable for the nonpayment. Any action taken under this section shall be treated as though it were action on a protest taken under Section 19044 and shall become final upon the expiration of 30 days from the date that notice of the action is mailed to both spouses, unless, within that 30-day period, one or both spouses appeal the determination to the board as provided in Section 19045. +(4) This subdivision shall apply to all taxable years subject to the provisions of this part, but shall not apply to any taxable year which has been closed by a statute of limitations, res judicata, or otherwise. +(d) For purposes of this section, the determination of the spouse to whom items of gross income are attributable shall be made without regard to community property laws. +(e) The amendments made to this section by the act adding this subdivision shall apply to court orders served or acknowledged on or after the effective date of that act.","Existing law generally provides that the spouse or partner who controls the disposition of or who receives or spends community income, as well as the spouse who is taxable on the income, is liable for the payment of the taxes imposed by the Personal Income Tax Law on that income, and that whenever a joint income tax return is filed by spouses or registered domestic partners the liability for the tax is joint and several. Existing law allows, under specified conditions, a court in a proceeding for dissolution of marriage to revise the income tax liabilities on a joint return of spouses or registered domestic partners, but prohibits revisions to relieve a spouse or domestic partner of tax liability on income earned by or subject to the exclusive management and control of the spouse or domestic partner. Existing law also provides that the order revising tax liability is not effective if the gross income reportable on the return exceeds $150,000 or the amount of the tax liability the spouse is relieved of exceeds $7,500, except as specified. +This bill would instead provide that an order revising tax liability may relieve a spouse or domestic partner of tax liability on income earned by or subject to the exclusive management and control of that spouse or domestic partner, except if assets or liabilities are transferred between the individuals filing the joint return for the principal purpose of avoidance of the payment of tax or as part of a fraudulent scheme by those individuals or that liability is uncollectible or if, within 3 years of when the court order is effective, specified conditions apply. This bill would also instead provide that the order revising tax liability is not effective if the gross income reportable on the return exceeds $200,000 or the amount of the tax liability the spouse is relieved of exceeds $10,000, except as specified, and would require those amounts to be recomputed annually beginning on January 1, 2018, as specified. The bill would apply to court orders served or acknowledged on or after the effective date of this bill.","An act to amend Section 19006 of the Revenue and Taxation Code, relating to taxation." +152,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The Safe Neighborhoods and Schools Act, approved as Proposition 47 by the voters at the November 4, 2014, statewide general election (the act), made significant changes to the state’s criminal justice system by reducing the penalties for certain nonviolent, nonserious drug and property crimes. The act requires the state savings realized from these criminal justice changes to be deposited in the Safe Neighborhoods and Schools Fund and spent on prevention and support services with the intent of reducing crime, including truancy and dropout prevention. +(b) The act requires 25 percent of the moneys deposited in the Safe Neighborhoods and Schools Fund to be allocated to the State Department of Education for administration of a grant program to reduce truancy and support pupils who are at risk of dropping out of school or who are victims of crime. +(c) In accordance with the act, the funding provided to K–12 education should be used to help build the capacity of local educational agencies to identify and implement evidence-based, nonpunitive programs and practices to keep our most vulnerable pupils in school, consistent with each local educational agency’s local control and accountability plan, including, but not limited to, its goals for pupil engagement and school climate. +(d) California needs to increase the knowledge base concerning which strategies are most effective for improving pupil success and eliminating the school-to-prison pipeline, including, but not necessarily limited to, providing resources to local educational agencies to establish community schools and address pupil attendance problems in kindergarten and grades 1 to 3, inclusive. One manner in which this can be accomplished is for the local educational agencies participating in the K–12 education grant program pursuant to the act to report and evaluate outcomes using multiple measures, while engaging in a broader community of practice that disseminates promising and proven strategies to local educational agencies statewide. +SEC. 2. +Article 10 (commencing with Section 33430) is added to Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code, to read: +Article 10. The Learning Communities for School Success Program +33430. +The Learning Communities for School Success Program is hereby established for the purpose of implementing, pursuant to paragraph (1) of subdivision (a) of Section 7599.2 of the Government Code, the K–12 education portion of the Safe Neighborhoods and Schools Act, as approved as Proposition 47 by the voters at the November 4, 2014, statewide general election. Through this program, the department shall administer grants and coordinate assistance to local educational agencies to support the local educational agencies in identifying and implementing evidence-based, nonpunitive programs and practices that are aligned with the goals for pupils contained in each of the local educational agency’s local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. +33431. +(a) A local educational agency that chooses to apply for funding pursuant to this article shall submit an application to the department to receive a grant, in a format and by a date determined by the department. An application submitted to the department by a local educational agency shall include, at a minimum, all of the following: +(1) Information about the pupil and school needs within the local educational agency. +(2) The activities the local educational agency will undertake with the grant funding. +(3) How the activities specified in paragraph (2) support the local educational agency’s goals for pupils contained in its local control and accountability plan. +(4) How the local educational agency will measure outcomes associated with the activities specified in subdivision (e) and metrics reported in the local educational agency’s local control and accountability plan. +(b) An application shall be for three years of grant funding. Consistent with the provisions of this article, the department may establish requirements for grantees to meet at the end of the first and second years of funding in order to receive funding for the remaining grant period. +(c) The department shall determine eligibility for grants and the distribution of grant funding based on all of the following factors: +(1) Pupil and school needs the local educational agency will address with the grant funds. +(2) Number of pupils to be served with the grant funds. +(3) Number, size, and type of participating schools within the local educational agency. +(4) Any challenges the local educational agency experiences in building capacity for fulfilling the purposes of this article. +(5) The unique characteristics of small school districts, given their challenges with economies of scale and access to services in rural locations. +(d) (1) Before the initial application deadline, the department shall conduct targeted outreach to local educational agencies that are likely to be given priority pursuant to subdivision (b) of Section 33432 and shall offer the local educational agencies technical assistance as they develop their grant applications. +(2) The department may provide technical assistance with application development to any local educational agency that requests assistance. This may include assistance from external entities the department may contract with as part of the training and technical assistance structure established pursuant to Section 33433. +(e) The department shall issue application guidelines that include, at a minimum, information about the department’s plans for overall evaluation of the program considering the objectives identified in Section 33434. For purposes of facilitating program evaluation, the department, in consultation with the executive director of the state board, shall identify a set of measures and associated data sources that are deemed valid and reliable for measuring pupil and school outcomes and assessing the benefits of the program. +(f) In meeting the requirements of this section, the department shall consult with stakeholders, including, but not limited to, representatives of local educational agencies, teachers and other school personnel, parents, advocacy organizations with experience working with target vulnerable populations, and parent- and youth-serving community-based organizations. It the intent of the Legislature that stakeholders provide input to the department on the design of the application and review process, including the size of the grant awards. The stakeholders shall not be involved in determining who will be awarded grants. +33432. +(a) A local educational agency that receives a grant shall use the grant funds for planning, implementation, and evaluation of activities in support of evidence-based, nonpunitive programs and practices to keep the state’s most vulnerable pupils in school. These activities shall complement or enhance the actions and services identified to meet the local educational agency’s goals as identified in its local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. These activities may include, but are not limited to, all of the following: +(1) Establishing a community school, as defined in Section 33435. +(2) Implementing activities or programs to improve attendance and reduce chronic absenteeism, including, but not limited to, early warning systems or early intervention programs. +(3) Implementing restorative practices, restorative justice models, or other programs to improve retention rates, reduce suspensions and other school removals, and reduce the referral of pupils to law enforcement agencies. +(4) Implementing activities that advance social-emotional learning, positive behavior interventions and supports, culturally responsive practices, and trauma-informed strategies. +(5) Establishing partnerships with community-based organizations or other relevant entities to support the implementation of evidence-based, nonpunitive approaches to further the goals of the program. +(6) Adding or increasing staff within a local educational agency whose primary purpose is to address ongoing chronic attendance problems, including, but not necessarily limited to, conducting outreach to families and children currently, or at risk of becoming, chronically truant. +(b) In selecting grant recipients pursuant to this article, the department shall give priority to a local educational agency that meets any of the following criteria: +(1) (A) Has a high rate of chronic absenteeism, out-of-school suspension, or school dropout for the general pupil population or for a numerically significant pupil subgroup, as identified in a local control and accountability plan pursuant to paragraphs (2) and (3) of subdivision (a) of Section 52052. +(B) For purposes of this paragraph, “high rate” means a rate that exceeds the state average. +(2) Is located in a community with a high crime rate. +(3) Has a significant representation of foster youth among its pupil enrollment. +(c) A local educational agency that receives a grant shall provide a local contribution of matching expenditures equal to at least 20 percent of the total grant award. This local contribution can be from cash expenditures or in-kind contributions. A local educational agency is encouraged to exceed the 20-percent match requirement to enable the local educational agency to sustain the activities or programs established under this article beyond the three-year grant period. +(d) A local educational agency that receives a grant shall use the grant funds to increase or improve services that the local educational agency currently provides for purposes specified in this article. +(e) A local educational agency shall not use grant funds to pay for law enforcement activities, including personnel or equipment. +33433. +(a) The department shall use the funding the Safe Neighborhoods and Schools Act authorizes for administrative costs pursuant to subdivision (b) of Section 7599.2 of the Government Code, which is no more than 5 percent of the annual funding the department receives from the Safe Neighborhoods and Schools Fund, for the administrative costs of implementing this article, including, but not limited to, administering grant awards, coordinating the training and technical assistance structure described in subdivision (b), and completing the evaluation pursuant to Section 33434. +(b) The department shall establish a structure to deliver training and technical assistance to grantees using regional workshops and technical assistance providers that have expertise on pupil engagement, school climate, truancy reduction, and supporting pupils who are at risk of dropping out of school or who are victims of crime. The department may contract with those providers to assist the grantees as well as to serve as a resource for other local educational agencies that may use their own funding sources to engage in this community of practice. Technical assistance provided pursuant to this subdivision shall be consistent with the technical assistance provided to a local educational agency by the county superintendent of schools or the Superintendent, as appropriate, in the development of the local control and accountability plan. +33434. +(a) A local educational agency that receives grant funding pursuant to this article shall evaluate and report to the governing board of the school district, the county board of education, or its chartering authority, as applicable, and the department the results of the activities it undertakes pursuant to this article. The department shall compile information from grantee reports as part of an overall evaluation of the grant program implementation. The department shall assess the benefits of participation in the program and identify the pupil and school outcomes associated with the strategies and programs implemented by grantees. The department shall submit an interim report of preliminary evaluation findings to the Legislature on or before January 31, 2019, and a final evaluation report to the Legislature on or before January 31, 2020. +(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. +(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 31, 2024. +33435. +For purposes of this article, the following definitions apply: +(a) “Community school” means a public school that participates in a community-based effort to coordinate and integrate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships with one or more community partners for the delivery of community services that may be provided at a schoolsite to pupils, families, and community members. +(b) “Local educational agency” means a school district, county office of education, or charter school. +33436. +This article shall not become operative unless funds are appropriated in the annual Budget Act or another statute to the Safe Neighborhoods and Schools Fund in accordance with the Safe Neighborhoods and Schools Act for the purposes specified in this article. +SEC. 3. +Sections 1 and 2 of this act shall become operative only if Assembly Bill 1014 of the 2015–16 Regular Session is chaptered and becomes operative on or before January 1, 2017.","Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, among other things, established the Safe Neighborhoods and Schools Fund, a continuously appropriated fund, which is funded by savings that accrue to the state from the implementation of the act. The act provides that, among other purposes, 25% of the funds shall be disbursed to the State Department of Education to administer a grant program to public agencies aimed at improving outcomes for public school pupils by reducing truancy and supporting pupils who are at risk of dropping out of school or are victims of crime. +This bill would establish the Learning Communities for School Success Program for the purpose of implementing that grant program, subject to an appropriation to the Safe Neighborhoods and Schools Fund in the annual Budget Act or another statute for the purposes of the bill. The bill would specify the administrative duties and responsibilities of the department with respect to the program, including administering grants and coordinating assistance to local educational agencies, as defined. The bill would set forth criteria to guide the department in awarding grants under the program, and would specify the purposes for which grant funds may be used. The bill would require the department to submit a final evaluation of the program to the Legislature on or before January 31, 2020. +These provisions would become operative only if AB 1014 of the 2015–16 Regular Session is chaptered and becomes operative on or before January 1, 2017.","An act to add Article 10 (commencing with Section 33430) to Chapter 3 of Part 20 of Division 2 of Title 2 of, and to repeal Section 33434 of, the Education Code, relating to education finance." +153,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 467.5 of the Vehicle Code is amended to read: +467.5. +“Pedicab” means any of the following: +(a) A bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire. +(b) A bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire. +(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11. +SEC. 2. +Article 4.5 (commencing with Section 21215) is added to Chapter 1 of Division 11 of the Vehicle Code, to read: +Article 4.5. Operation of Pedicabs +21215. +(a) A pedicab defined in subdivision (c) of Section 467.5 shall operate subject to all of the following requirements: +(1) The pedicab shall have a seating capacity for not more than 15 passengers. +(2) The pedicab shall be authorized by local ordinance or resolution to operate within the applicable local jurisdiction. +(3) The operator of the pedicab shall be at least 21 years of age, with a valid California driver’s license. +(4) The pedicab shall be equipped with seatbelts for all passengers, seat backs, brakes, reflectors, headlights, and grab rails. The pedicab shall be inspected annually for compliance with the requirements of this paragraph by an entity designated by the local jurisdiction that authorized the pedicab to operate. The entity may charge a reasonable fee to cover the costs of the inspection. A pedicab that does not meet these requirements shall meet these requirements by January 1, 2017, in order to continue operation. +(5) The operator of the pedicab shall at all times be able to establish financial responsibility in a minimum amount of one million dollars ($1,000,000) general liability insurance coverage and an additional five hundred thousand dollars ($500,000) general umbrella insurance that covers the pedicab. The local jurisdiction that authorized the pedicab to operate may require additional proof of financial responsibility. +(6) A pedicab shall not operate on any highway under the jurisdiction of the local authority unless authorized by resolution or ordinance. A pedicab shall not operate on any freeway and shall not operate on any highway with a posted speed limit in excess of 30 miles per hour, except to cross the highway at an intersection. +(7) The operator of the pedicab shall annually report to the Department of the California Highway Patrol, commencing on January 1, 2016, any accidents caused or experienced by the pedicabs. +(8) The pedicab shall not load or unload passengers on roadways or in the middle of highways. +(9) Pedicabs shall be operated as close as practicable to the right-hand curb or edge of the roadway, except when necessary to overtake another vehicle, to avoid a stationary object, or when preparing to make a left turn. +(b) This article only applies to pedicabs defined by subdivision (c) of Section 467.5, and does not apply to pedicabs defined in subdivision (a) or (b) of Section 467.5. +21215.2. +(a) If alcoholic beverages are consumed on board the pedicab, a pedicab defined in subdivision (c) of Section 467.5 shall additionally operate subject to all of the following requirements: +(1) The consumption of alcoholic beverages onboard the pedicab shall be authorized by local ordinance or resolution. +(2) An onboard safety monitor who is 21 years of age or older shall be present whenever alcohol is being consumed by passengers during the operation of the pedicab. The onboard safety monitor shall not be under the influence of any alcoholic beverage and shall be considered as driving the pedicab for purposes of Article 2 (commencing with Section 23152) of Chapter 12 of Division 11 during the operation of the pedicab. +(3) Both the operator and safety monitor shall have completed either the Licensee Education on Alcohol and Drugs (LEAD) program implemented by the Department of Alcoholic Beverage Control or a training course utilizing the curriculum components recommended by the Responsible Beverage Service Advisory Board established by the Director of Alcoholic Beverage Control. +(4) Alcoholic beverages shall not be provided by the operator or onboard safety monitor or any employee or agent of the operator or onboard safety monitor of the pedicab. Alcoholic beverages may only be supplied by the passengers of the pedicab. All alcoholic beverages supplied by passengers of the pedicab shall be in enclosed, sealed, and unopened containers that have been labeled pursuant to Chapter 13 (commencing with Section 25170) of Division 9 of the Business and Professions Code prior to their consumption on board the pedicab. +(5) Alcoholic beverages may be consumed by a passenger of the pedicab only while he or she is physically on board and within the pedicab. +(6) All passengers shall be 21 years of age or older if alcohol is consumed during the operation of the pedicab. +(7) For purposes of this subdivision, passengers who are pedaling the device are not operators. +(b) A license or permit from the Department of Alcoholic Beverage Control shall not be required of the operator or onboard safety monitor, so long as neither they, nor their employees or agents sell, serve, or furnish any alcoholic beverage to any passenger. +(c) For purposes of this section, “alcoholic beverage” has the same meaning as defined in Section 23004 of the Business and Professions Code. +(d) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +21215.5. +This article does not preclude a local authority from imposing more stringent operating or equipment requirements on a pedicab subject to this article. +SEC. 3. +Section 23229 of the Vehicle Code is amended to read: +23229. +(a) Except as provided in Section 23229.1, Sections 23221 and 23223 do not apply to passengers in any bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, the living quarters of a housecar or camper, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1. +(b) Except as provided in Section 23229.1, Section 23225 does not apply to the driver or owner of a bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally regulates the operation of bicycles, including, among other things, providing that a person operating a bicycle on the highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle, including a prohibition against operating a bicycle while under the influence of an alcoholic beverage or any drug. These provisions also apply to a pedicab, as defined. A violation of the provisions regulating the operation of a bicycle or pedicab is an offense. +This bill would expand the definition of a pedicab to include a 4-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for 8 or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire, as prescribed. The bill would impose specified requirements on these pedicabs defined by the bill, relating to, among other things, a maximum seating capacity for 15 passengers, local authorization to operate, operator qualifications and training, safety equipment, inspections, financial responsibility, reporting of accidents to the Department of the California Highway Patrol, the loading and unloading of passengers, and general operation of pedicabs. The bill would, until January 1, 2020, establish requirements for pedicabs that allow passenger alcohol consumption. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 467.5 and 23229 of, and to add Article 4.5 (commencing with Section 21215) to Chapter 1 of Division 11 of, and to repeal Section 21215.2 of, the Vehicle Code, relating to vehicles." +154,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 35012 of the Education Code is amended to read: +35012. +(a) Except as otherwise provided, the governing board of a school district shall consist of five members elected at large by the qualified voters of the district. The terms of the members shall, except as otherwise provided, be for four years and staggered so that as nearly as practicable one-half of the members shall be elected in each odd-numbered year. +(b) A unified school district may have a governing board of seven members in the event the proposal for unification has specified a governing board of seven members. The members of the governing board shall be elected at large or by trustee areas as designated in the proposal for unification and shall serve four-year terms of office. +(c) Notwithstanding subdivision (a), and except as provided in this subdivision and Section 5018, the governing board of an elementary school district other than a union or joint union elementary school district shall consist of three members selected at large from the territory comprising the district. Whenever, in any such elementary school district the average daily attendance during the preceding fiscal year is 300 or more, the procedures prescribed by Section 5018 shall be undertaken. +(d) (1) (A) There may be submitted to the governing board of a school district maintaining one or more high schools a pupil petition requesting the governing board to appoint one or more nonvoting pupil members to the board pursuant to this section. +(B) There may also be submitted to the governing board of a school district maintaining one or more high schools a pupil petition requesting the governing board to allow preferential voting for the pupil member or members of the board. This request may be made in the original petition for pupil representation on the board or in a separate petition after a pupil member or members have been appointed to the board. +(2) Whether for pupil representation or for preferential voting for the pupil member or members, the petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools of the district, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools of the district, whichever is less. Each fiscal year, and within 60 days of receipt of a petition for pupil representation, or at its next regularly scheduled meeting if no meeting is held within those 60 days, the governing board of a school district shall order the inclusion within the membership of the governing board, in addition to the number of members otherwise prescribed, at least one nonvoting pupil member. The governing board may order the inclusion of more than one nonvoting pupil member. +(3) Upon receipt of a petition for pupil representation, the governing board of a school district shall, commencing July 1, 1976, and each year thereafter, order the inclusion within the membership of the governing board, in addition to the number of members otherwise prescribed, at least one nonvoting pupil member. The governing board may order the inclusion of more than one nonvoting pupil member. +(4) (A) Upon receipt of a petition for preferential voting for the pupil member or members, the governing board of the school district shall allow preferential voting for the pupil member or members of the governing board. +(B) Preferential voting, as used in this section, means a formal expression of opinion that is recorded in the minutes and cast before the official vote of the governing board of the school district. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion. +(5) The governing board of the school district may adopt a resolution authorizing the nonvoting or preferential voting pupil member or members to make motions that may be acted upon by the governing board, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. +(6) Each pupil member shall have the right to attend each and all meetings of the governing board of the school district, except executive sessions. +(7) Any pupil selected to serve as a nonvoting or preferential voting member of the governing board of a school district shall be enrolled in a high school of the district, may be less than 18 years of age, and shall be chosen by the pupils enrolled in the high school or high schools of the district in accordance with procedures prescribed by the governing board. The term of a pupil member shall be one year commencing on July 1 of each year. +(8) A nonvoting or preferential voting pupil member shall be entitled to the mileage allowance to the same extent as regular members, but is not entitled to the compensation prescribed by Section 35120. +(9) A nonvoting or preferential voting pupil member shall be seated with the members of the governing board of the school district and shall be recognized as a full member of the board at the meetings, including receiving all materials presented to the board members and participating in the questioning of witnesses and the discussion of issues. +(10) The nonvoting or preferential voting pupil member shall not be included in determining the vote required to carry any measure before the governing board of the school district. +(11) The nonvoting or preferential voting pupil member shall not be liable for any acts of the governing board of the school district. +(12) A majority vote of all voting board members shall be required to approve a motion to eliminate the nonvoting or preferential voting pupil member position from the governing board of a school district. The motion shall be listed as a public agenda item for a meeting of the governing board prior to the motion being voted upon. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires the governing board of a school district maintaining one or more high schools to appoint to its membership one or more nonvoting pupil members if pupils petition the governing board to make those appointments. +This bill would require the governing board of a school district to appoint the pupil member or members within 60 days of receiving the petition, or at its next regularly scheduled meeting if no meeting is held within those 60 days, as specified. +The bill would require a majority vote of all voting board members on a motion to eliminate the nonvoting or preferential voting pupil member position from the governing board of a school district, and would require the motion to be listed as a public agenda item for a meeting of the governing board of the school district prior to the motion being voted upon. +Because the bill would require school districts to provide a higher level of service, it would impose a state-mandated local program. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 35012 of the Education Code, relating to school districts." +155,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14105.94 of the Welfare and Institutions Code is amended to read: +14105.94. +(a) An eligible provider, as described in subdivision (b), may, in addition to the rate of payment that the provider would otherwise receive for Medi-Cal ground emergency medical transportation services, receive supplemental Medi-Cal reimbursement to the extent provided in this section. +(b) A provider shall be eligible for supplemental reimbursement only if the provider has all of the following characteristics continuously during a state fiscal year: +(1) Provides ground emergency medical transportation services to Medi-Cal beneficiaries. +(2) Is a provider that is enrolled as a Medi-Cal provider for the period being claimed. +(3) Is owned or operated by the state, a city, county, city and county, fire protection district organized pursuant to Part 2.7 (commencing with Section 13800) of Division 12 of the Health and Safety Code, special district organized pursuant to Chapter 1 (commencing with Section 58000) of Division 1 of Title 6 of the Government Code, community services district organized pursuant to Part 1 (commencing with Section 61000) of Division 3 of Title 6 of the Government Code, health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23 of the Health and Safety Code, or a federally recognized Indian tribe. +(c) An eligible provider’s supplemental reimbursement pursuant to this section shall be calculated and paid as follows: +(1) The supplemental reimbursement to an eligible provider, as described in subdivision (b), shall be equal to the amount of federal financial participation received as a result of the claims submitted pursuant to paragraph (2) of subdivision (f). +(2) In no instance shall the amount certified pursuant to paragraph (1) of subdivision (e), when combined with the amount received from all other sources of reimbursement from the Medi-Cal program, exceed 100 percent of actual costs, as determined pursuant to the Medi-Cal State Plan, for ground emergency medical transportation services. +(3) The supplemental Medi-Cal reimbursement provided by this section shall be distributed exclusively to eligible providers under a payment methodology based on ground emergency medical transportation services provided to Medi-Cal beneficiaries by eligible providers on a per-transport basis or other federally permissible basis. The department may, to the extent permitted under federal law and regulations, provide supplemental reimbursement for the cost of paramedic services at a rate of payment equal to cost. The department shall obtain approval from the federal Centers for Medicare and Medicaid Services for the payment methodology to be utilized, and shall not make any payment pursuant to this section prior to obtaining that approval. +(d) (1) It is the Legislature’s intent in enacting this section to provide the supplemental reimbursement described in this section without any expenditure from the General Fund. An eligible provider, as a condition of receiving supplemental reimbursement pursuant to this section, shall enter into, and maintain, an agreement with the department for the purposes of implementing this section and reimbursing the department for the costs of administering this section. +(2) The nonfederal share of the supplemental reimbursement submitted to the federal Centers for Medicare and Medicaid Services for purposes of claiming federal financial participation shall be paid only with funds from the governmental entities described in paragraph (3) of subdivision (b) and certified to the state as provided in subdivision (e). +(e) Participation in the program by an eligible provider described in this section is voluntary. If an applicable governmental entity elects to seek supplemental reimbursement pursuant to this section on behalf of an eligible provider owned or operated by the entity, as described in paragraph (3) of subdivision (b), the governmental entity shall do all of the following: +(1) Certify, in conformity with the requirements of Section 433.51 of Title 42 of the Code of Federal Regulations, that the claimed expenditures for the ground emergency medical transportation services are eligible for federal financial participation. +(2) Provide evidence supporting the certification as specified by the department. +(3) Submit data as specified by the department to determine the appropriate amounts to claim as expenditures qualifying for federal financial participation. +(4) Keep, maintain, and have readily retrievable, any records specified by the department to fully disclose reimbursement amounts to which the eligible provider is entitled, and any other records required by the federal Centers for Medicare and Medicaid Services. +(f) (1) The department shall promptly seek any necessary federal approvals for the implementation of this section. The department may limit the program to those costs that are allowable expenditures under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.). If federal approval is not obtained for implementation of this section, this section shall not be implemented. +(2) The department shall submit claims for federal financial participation for the expenditures for the services described in subdivision (e) that are allowable expenditures under federal law. +(3) The department shall, on an annual basis, submit any necessary materials to the federal government to provide assurances that claims for federal financial participation will include only those expenditures that are allowable under federal law. +(g) (1) If either a final judicial determination is made by any court of appellate jurisdiction or a final determination is made by the administrator of the federal Centers for Medicare and Medicaid Services that the supplemental reimbursement provided for in this section must be made to any provider not described in this section, the director shall execute a declaration stating that the determination has been made and on that date this section shall become inoperative. +(2) The declaration executed pursuant to this subdivision shall be retained by the director, provided to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Counsel, and posted on the department’s Internet Web site. +(h) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement and administer this section by means of provider bulletins, or similar instructions, without taking regulatory action. +SEC. 2. +Section 14105.941 is added to the Welfare and Institutions Code, immediately following Section 14105.94, to read: +14105.941. +(a) The department shall design and implement, in consultation with eligible providers as described in subdivision (b), an intergovernmental transfer program relating to Medi-Cal managed care, ground emergency medical +transport +transportation +services in order to increase capitation payments for the purpose of increasing reimbursement to eligible providers. +(b) A provider shall be eligible for increased reimbursement pursuant to this section only if the provider meets both of the following conditions in an applicable state fiscal year: +(1) Provides ground emergency medical +transport +transportation +services to Medi-Cal managed care enrollees pursuant to a contract or other arrangement with a Medi-Cal managed care plan. +(2) Is owned or operated by the state, a city, county, city and county, fire protection district organized pursuant to Part 2.7 (commencing with Section 13800) of Division 12 of the Health and Safety Code, special district organized pursuant to Chapter 1 (commencing with Section 58000) of Division 1 of Title 6 of the Government Code, community services district organized pursuant to Part 1 (commencing with Section 61000) of Division 3 of Title 6 of the Government Code, health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23 of the Health and Safety Code, or a federally recognized Indian tribe. +(c) (1) To the extent intergovernmental transfers are voluntarily made by, and accepted from, an eligible provider described in subdivision (b), or a governmental entity affiliated with an eligible provider, the department shall make increased capitation payments to applicable Medi-Cal managed care plans for covered ground emergency medical transportation services. +(2) The increased capitation payments made pursuant to this section shall be in amounts actuarially equivalent to the supplemental fee-for-service payments available for eligible providers pursuant to Section 14105.94, to the extent permissible under federal law. +(3) Except as provided in subdivision (f), all funds associated with intergovernmental transfers made and accepted pursuant to this section shall be used to fund additional payments to eligible providers. +(4) Medi-Cal managed care plans shall pay 100 percent of any amount of increased capitation payments made pursuant to this section to eligible providers for providing and making available ground emergency medical transportation services pursuant to a contract or other arrangement with a Medi-Cal managed care plan. +(d) The intergovernmental transfer program developed pursuant to this section shall be implemented on +January 1, +July 1, +2016, or a later date if otherwise required pursuant to any necessary federal approvals obtained, and only to the extent intergovernmental transfers from the eligible provider, or the governmental entity with which it is affiliated, are provided for this purpose. To the extent permitted by federal law, the department may implement the intergovernmental transfer program and increased capitation payments pursuant to this section on a retroactive basis as needed. +(e) Participation in the intergovernmental transfers under this section is voluntary on the part of the transferring entities for purposes of all applicable federal laws. +(f) This section shall be implemented without any additional expenditure from the General Fund. As a condition of participation under this section, each eligible provider as described in subdivision (b), or the governmental entity affiliated with an eligible provider, shall agree to reimburse the department for any costs associated with implementing this section. Intergovernmental transfers described in this section are not subject to the administrative fee assessed under paragraph (1) of subdivision (d) of Section 14301.4. +(g) As a condition of participation under this section, Medi-Cal managed care plans, eligible providers as described in subdivision (b), and governmental entities affiliated with eligible providers shall agree to comply with any requests for information or similar data requirements imposed by the department for purposes of obtaining supporting documentation necessary to claim federal funds or to obtain federal approvals. +(h) This section shall be implemented only if and to the extent federal financial participation is available and is not otherwise jeopardized, and any necessary federal approvals have been obtained. +(i) To the extent that the director determines that the payments made pursuant to this section do not comply with federal Medicaid requirements, the director retains the discretion to return or not accept an intergovernmental transfer, and may adjust payments pursuant to this section as necessary to comply with federal Medicaid requirements. +(j) To the extent federal approval is obtained, the increased capitation payments under this section may commence for dates of service on or after January 1, 2016. +(k) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law authorizes certain ground emergency medical transportation providers to receive supplemental Medi-Cal reimbursement in addition to the rate of payment that the provider would otherwise receive for those services. Existing law provides that participation in the supplemental reimbursement program by an eligible provider is voluntary, and requires the nonfederal share of the supplemental reimbursement to be paid only with funds from specified governmental entities. +This bill would authorize the department to provide supplemental reimbursement under these provisions for the cost of paramedic services at a rate of payment equal to cost. +This bill would also require the department to design and implement an intergovernmental transfer (IGT) program in order to increase capitation payments to Medi-Cal managed care plans for covered ground emergency medical transportation services, as specified. The bill would require the department to implement the IGT program on +January 1, +July 1, +2016, or a later date if otherwise required pursuant to any necessary federal approvals obtained. The bill would provide that participation in the IGTs is voluntary on the part of the transferring entity and would require Medi-Cal managed care plans to pay 100% of any amount of increased capitation payments made to eligible providers for providing and making available ground emergency medical transportation +services. +services, and would permit, to the extent federal approval is obtained, the increased capitation payments to commence for dates of services on or after January 1, 2016.","An act to amend Section 14105.94 of, and to add Section 14105.941 to, the Welfare and Institutions Code, relating to Medi-Cal." +156,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature to enact legislation that accomplishes all of the following: +(a) Creates a statewide Veterans’ Home Morale, Welfare, and Recreation Fund. +(b) Creates a Morale, Welfare, and Recreation Operating Fund at each veterans’ home. +(c) Authorizes and directs the Department of Veterans Affairs to promulgate rules and regulations related to the statewide Veterans’ Home Morale, Welfare, and Recreation Fund through a stakeholder process that includes members of the Veterans’ Homes of California. It is further the intent of the Legislature that these rules and regulations include, but not be limited to, a yearly allocation process for moneys to be expended in each home. +(d) Maintains the highest possible degree of transparent administration and resident involvement. +(e) Encourages identical Morale, Welfare, and Recreation Fund policies and procedures to be established, documented, and implemented at each veterans’ home. +SEC. 2. +Section 1047 of the Military and Veterans Code is repealed. +SEC. 3. +Section 1047 is added to the Military and Veterans Code, to read: +1047. +(a) (1) The Veterans’ Home Morale, Welfare, and Recreation Special Fund (MWR Fund) is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all funds deposited in the MWR Fund as authorized by this section shall be continuously appropriated to the department, without regard to fiscal year. All references in this chapter to the “Morale, Welfare, and Recreation Fund” or “MWR Fund” are deemed to refer to the fund created by this paragraph. +(2) The department shall distribute moneys in the MWR Fund to the homes to provide for the general welfare of the members of the homes. +(3) For the purposes of this subdivision, providing for the general welfare of the members of a home includes, but is not limited to, operating a canteen, base exchange, hobby shop, theater, library, or band, and payment for newspapers, chapel expenses, entertainment expenses, sports activities, celebrations, or any other function or activity that is related to the morale, welfare, and recreation of the residents that would not otherwise be paid for by the General Fund. +(4) The administrator of a home shall deposit all moneys maintained by the administrator in a Morale, Welfare, and Recreation Fund pursuant to this section as it read on January 1, 2015, into the Veterans’ Home Morale, Welfare, and Recreation Special Fund created by paragraph (1). +(5) All future moneys collected as a result of unreimbursed costs of care determinations are special state funds and shall be deposited in the MWR Fund. +(6) Each home shall establish an MWR Advisory Committee to provide ongoing guidance for the MWR Fund processes, including, but not limited to, budgeting, contracts, investments, expenditures, and revenues. The committee shall be comprised of the administrator or a representative and representatives of the Veterans’ Home Allied Council or resident council. +(7) On or before July 1, 2018, the department, in consultation with the MWR Advisory Committee in each home, the Veterans’ Home Allied Council, or the resident council at each home, shall adopt regulations that carry out the intent of this section, including, but not limited to, the administration of the MWR Fund and Morale, Welfare, and Recreation Operating Funds (MWRO Funds), the process by which the homes submit annual budgets and receive allocations, the process by which the secretary shall review and act upon the allocation requests and requests for augmentation of those allocations. +(8) Moneys deposited in the MWR Fund are exempt from the requirements of Article 2 (commencing with Section 11270) of Chapter 3 of Part 1 of Division 3 of Title 2 of the Government Code. +(b) (1) The department shall annually determine the amount for disbursement from the MWR Fund to the homes. This amount shall be disbursed proportionally by each home’s relative share of the total population of the entire veterans’ home system. All annual allocation requests and annual allocations, as well as any augmentations to those allocations, shall be made known to the members of the homes. In making allocation decisions, the department shall consider whether there are economies of scale or other savings which may be realized by aggregating home requests or otherwise while still meeting the intent of the homes’ requests. +(2) The secretary, in consultation with the administrator of the affected home, may augment the allocation from the MWR Fund to any veterans’ home after making a determination that this action is appropriate on the basis of factors including, but not limited to, the home’s unique age, size, population, and historical significance. +(c) Moneys in the MWR Fund shall not be expended for the following: +(1) A medical treatment or medical care of a member of a home. +(2) The maintenance or major capital improvement of the physical plant of a home. +(3) Any function, operation, or activity that is not directly related to the morale, welfare, or recreation of the members of the home. +(d) Appropriations from the General Fund for the purposes described in paragraph (3) of subdivision (b) may not be reduced for the purpose of, or to have the effect of, requiring increased expenditures from the MWR Fund for those described purposes. +(e) The department shall adopt, use, and require the homes to use uniform accounting procedures for the MWR Fund and the MWRO Funds subject to the department’s oversight and audit as needed. The department shall prepare an itemized report that is organized by category, including sufficient detail to allow legislative oversight, and accounts for all expenditures from, and all funds deposited into, the MWR Fund and the MWRO Funds for the previous fiscal year. The department shall submit the report on or before December 31, 2018, and annually on or before August 20 thereafter, to the following: +(1) The Department of Finance. +(2) The fiscal committees of the Assembly and Senate. +(3) The committees of the Assembly and the Senate that have subject matter jurisdiction over veterans’ affairs. +(4) The Veterans’ Home Allied Council or the resident council of each home. +(5) The administrator of each home. +(f) The department shall maintain a reserve in the MWR Fund of not less than three million dollars ($3,000,000). +(g) The department may transfer funds from the MWR Fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code or may hire a third-party investment broker to invest moneys from the MWR Fund consistent with Section 16480.2 of the Government Code and any regulations regarding selecting prudent, approved investment types. The amount invested and the accrued interest or earnings shall be credited to the MWR Fund for allocation by the department. +(h) The administrator of a home may enter into an agreement with the Veterans’ Home Allied Council that authorizes the council to operate facilities and engage in activities that are authorized by subdivision (b). The agreement shall be in the form and manner specified by the administrator and in conformity with applicable California law and regulations, including, but not limited to, the state procurement and contracting process. +SEC. 4. +Section 1048 of the Military and Veterans Code is repealed. +SEC. 5. +Section 1048 is added to the Military and Veterans Code, to read: +1048. +(a) A Morale, Welfare, and Recreation Operating Fund (MWRO Fund) shall be maintained by the administrator of each home to administer quality of life activities for the general welfare of the members, pursuant to the annual allocation, including any augmentation provided by the secretary, from the MWR Fund. +(b) The annual allocations from the MWR Fund, including any augmentations provided by the secretary, and any other quality of life moneys received shall be deposited in a local bank account established for this purpose. +(c) Moneys in the MWRO Fund shall not be expended for the following: +(1) Medical treatment or medical care for a member. +(2) The maintenance or major capital improvement of the Home’s physical plant. +(3) A function, operation, or activity that is not directly related to the morale, welfare, or recreation of the members of the home. +SEC. 6. +Section 1049 of the Military and Veterans Code is amended to read: +1049. +(a) Moneys in the Morale, Welfare, and Recreation Fund maintained under subdivision (a) of Section 1047 may be used, subject to approval by the secretary, to establish or operate a canteen and base exchange at each home location. The canteen may sell goods at a profit. +(b) The MWRO Fund of each home shall include proceeds from the operation of a canteen, or base exchange. Any moneys derived from golf course green fees, range ball fees, and operations of activities unique to each Veterans’ Home of California shall be deposited in the MWRO Fund allocation for that home after appropriate state costs, fees, and rent are deducted from the revenue received for those operations.","Existing law provides for the establishment and operation of the Veterans’ Home of California at various sites, including homes in Barstow, Chula Vista, Lancaster, Ventura, and Yountville, and provides for an administrator for each home or homesite. Existing law defines “home” and “administrator” for these purposes. Existing law establishes the Veterans’ Home Fund in the State Treasury, which includes the proceeds of certain bonds. Existing law requires, upon appropriation of the Legislature, the Department of Veterans Affairs to use money in the fund for the purpose of designing and constructing veterans’ homes in California. +Existing law requires the administrator of a veterans’ home to maintain a Morale, Welfare, and Recreation Fund, which is required to be used, at the discretion of the administrator and subject to the approval of the Secretary of Veterans Affairs, to provide for the general welfare of the veterans. Existing law specifies the moneys required to be deposited into the fund, and requires the administrator to prepare an itemized report for the expenditures made out of, and deposits made into, the fund. Under existing law, those reports are required to be submitted to the secretary, the fiscal committees of the Assembly and Senate, the committees of the Assembly and the Senate that have subject matter jurisdiction over veterans’ affairs, and the Veterans’ Home Allied Council on or before August 20 of each year. +This bill would create the Veterans’ Home Morale, Welfare, and Recreation Special Fund (MWR Fund), a continuously appropriated fund, in the State Treasury. The bill would require the administrator of a veterans’ home to deposit all moneys maintained by the administrator in an existing Morale, Welfare, and Recreation Fund into the statewide MWR Fund. The bill would require the administrator of each home to establish a Morale, Welfare, and Recreation Operating Fund (MWRO Fund) to administer quality of life activities for the general welfare of the residents and receive funds from the MWR Fund, as specified, and to establish an MWR Advisory Committee, as specified. The bill would require the department, in consultation with the MWR Advisory Committee, the Veterans’ Home Allied Council or the resident council of each home, to adopt regulations related to, among other things, administering the MWR Fund and the MWRO Funds and the process by which the homes submit and receive budget allocations. The bill would authorize the use of funds in the MWR Fund to provide for the general welfare of the residents of a home, as specified, and would specify restrictions on the use of those funds. The bill would require the department to annually determine the total amount for disbursement from the MWR Fund, and for that disbursement to be allocated proportionally to each home’s relative share of the total population of the entire veterans’ home system. The bill would authorize additional allocations to any veterans’ home if it is appropriate on the basis of factors including, but not limited to, the home’s unique age, size, population, and historical significance. The bill would authorize the administrator of a home to enter into an agreement with the Veterans’ Home Allied Council to operate facilities and activities that are related to authorized expenditures from the MWR Fund, as specified. The bill would require the department to prepare annual reports regarding moneys deposited into the MWR Fund and expenditure of those funds, as specified, and to submit the report on or before December 31 of each year to specified entities. The bill would require the department to maintain a $3,000,000 reserve in the MWR Fund and would authorize the department to invest moneys in the MWR Fund in the Surplus Money Investment Fund or by contracting with a third-party investment broker consistent with laws and regulations regarding selecting prudent, approved investment types.","An act to amend Section 1049 of, and to repeal and add Sections 1047 and 1048 of, the Military and Veterans Code, relating to veterans, and making an appropriation therefor." +157,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3008 of the Public Resources Code is amended to read: +3008. +(a) “Well” means any oil or gas well or well for the discovery of oil or gas; any well on lands producing or reasonably presumed to contain oil or gas; any well drilled for the purpose of injecting fluids or gas for stimulating oil or gas recovery, repressuring or pressure maintenance of oil or gas reservoirs, or disposing of waste fluids from an oil or gas field; any well used to inject or withdraw gas from an underground storage facility; or any well drilled within or adjacent to an oil or gas pool for the purpose of obtaining water to be used in production stimulation or repressuring operations. +(b) “Prospect well” or “exploratory well” means any well drilled to extend a field or explore a new, potentially productive reservoir. +(c) “Active observation well” means a well being used for the sole purpose of gathering reservoir data, such as pressure or temperature in a reservoir being currently produced or injected by the operator, and the data is gathered at least once every three years. +(d) “Idle well” means any well that has not produced oil or natural gas or has not been used for injection for six consecutive months of continuous operation during the last five or more years. An idle well does not include an active observation well. +(e) “Long-term idle well” means any well that has not produced oil or natural gas or has not been used for injection for six consecutive months of continuous operation during the last 10 or more years. A long-term idle well does not include an active observation well. +(f) “Enhanced oil recovery method” means the process of obtaining oil, not recovered from an oil reservoir, by utilizing certain extraction processes, including, but not limited to, thermal recovery, gas injection, chemical injection, and water flooding. +(g) “Confidential well” means an exploratory well with records that the division maintains as confidential information in accordance with Section 3234. +SEC. 2. +Section 3106 of the Public Resources Code is amended to read: +3106. +(a) The supervisor shall +authorize +supervise +the exploration and production of hydrocarbons, including +, but not limited to, the +drilling, stimulation, +the +use of enhanced oil recovery methods and well completion techniques, operation, reworking, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities attendant to oil and gas production, including pipelines not subject to regulation pursuant to Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code that are within an oil and gas +field. These activities shall be authorized in a manner +field, +so as to prevent, as far as possible, damage to life, health, property, and natural resources; damage to underground oil and gas deposits from infiltrating water and other causes; loss of oil, gas, or reservoir energy; and damage to underground and surface waters suitable for irrigation or domestic purposes or otherwise uncontaminated waters that could be treated to be suitable for irrigation or domestic purposes. +(b) The supervisor may allow an owner or operator of a well to drill, operate, maintain, and abandon wells utilizing all methods and practices known to the oil industry to increase the ultimate recovery of underground hydrocarbons if the supervisor finds that those methods and practices are consistent with this division. To further the elimination of waste by increasing the recovery of underground hydrocarbons, it is hereby declared as a policy of this state that the grant in an oil and gas lease or contract to a lessee or operator of the right or power, in substance, to explore for and remove all hydrocarbons from any lands in the state, in the absence of an express provision to the contrary contained in the lease or contract, is deemed to allow the lessee or contractor, or the lessee’s or contractor’s successors or assigns, to do what a prudent operator using reasonable diligence would do, having in mind the best interests of the lessor, lessee, and the state in producing and removing hydrocarbons, including, but not limited to, the injection of air, gas, water, or other fluids into the productive strata, the application of pressure, heat, or other means for the reduction of viscosity of the hydrocarbons, the supplying of additional motive force, or the creation of enlarged or new channels for the underground movement of hydrocarbons into production wells, when these methods or processes employed have been approved by the supervisor, except that nothing contained in this section imposes a legal duty upon the lessee or contractor, or the lessee’s or contractor’s successors or assigns, to conduct these operations. +(c) The supervisor may require an operator to implement a monitoring program, designed to detect releases to the soil and water, including both groundwater and surface water, for aboveground oil production tanks and facilities. +(d) The supervisor shall administer this division in conformance with Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code. +SEC. 3. +Section 3203 of the Public Resources Code is amended to read: +3203. +(a) The operator of any well, before commencing the work of drilling the well, shall file with the supervisor or the district deputy a written application for approval to commence drilling. The application shall detail all the methods and practices expected to be used for the well, including, but not limited to, well stimulation treatments and enhanced oil recovery methods. The application shall also demonstrate that the drilling and any method utilized will pose de minimis risk to public health and safety. Drilling shall not commence until written approval is given by the supervisor or the district deputy, finding that the project is consistent with Section 3106. If operations have not commenced within one year of approval of the application, the approval shall be deemed canceled, unless the applicant makes a written request for an extension with a reason for the extension. The supervisor may grant a one-year extension of the approval in writing. The application shall contain the pertinent data the supervisor requires on printed forms supplied by the division or on other forms acceptable to the supervisor. The supervisor may require other pertinent information to supplement the application. +(b) After the completion of any well, this section also applies, as far as may be, to the deepening or redrilling of the well, any operation involving the plugging of the well, or any operations permanently altering in any manner the casing of the well. The number or designation of any well, and the number or designation specified for any well in an application filed as required by this section, shall not be changed without first obtaining a written approval of the supervisor. +(c) If an operator has failed to comply with an order of the supervisor, the supervisor may deny approval of proposed well operations until the operator brings its existing well operations into compliance with the order. If an operator has failed to pay a civil penalty, remedy a violation that it is required to remedy to the satisfaction of the supervisor pursuant to an order issued under Section 3236.5, or to pay any charges assessed under Article 7 (commencing with Section 3400), the supervisor may deny approval to the operator’s proposed well operations until the operator pays the civil penalty, remedies the violation to the satisfaction of the supervisor, or pays the charges assessed under Article 7 (commencing with Section 3400). +(d) The applications and written approvals by the supervisor or the district deputy shall be posted on the division’s Internet Web site. +SEC. 4. +Section 3215.5 is added to the Public Resources Code, to read: +3215.5. +For any well, regardless of the operation or activity taking place, if there is any loss of well and well casing integrity, that loss and any resultant action or remedial work shall be reported by the operator to the applicable regional water quality control board within five days of the event. +SEC. 5. +Section 3234 of the Public Resources Code is amended to read: +3234. +(a) (1) Except as otherwise provided in this section, all of the well records, including production reports, of any owner or operator that are filed pursuant to this chapter are public records for purposes of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). +(2) Those records are public records when filed with the division unless the owner or operator requests, in writing, that the division maintain the well records of onshore exploratory wells or offshore exploratory wells as confidential information. The owner or operator shall give a detailed explanation and rationale for keeping the records of the exploratory well confidential and the supervisor shall respond in writing as to whether the confidential well status has been granted. Both the request for, and the granting of, confidential well status are public records, and shall be made accessible on the division’s Internet Web site. For onshore wells, the confidential period shall not exceed two years from the cessation of drilling operations as defined in subdivision (e). For offshore wells, the confidential period shall not exceed three years from the cessation of drilling operations as specified in subdivision (e). +(3) Well records maintained as confidential information by the division shall be open to inspection by those persons who are authorized by the owner or operator in writing. Confidential status shall not apply to state officers charged with regulating well operations, the director, or as provided in subdivision (c). +(4) On receipt by the supervisor of a written request documenting extenuating circumstances relating to a particular well, including a well on an expired or terminated lease, the supervisor may extend the period of confidentiality, as set forth in paragraph (2), for no more than six months. +(5) Once the confidential well period has ended, all well records shall be posted on the division’s Internet Web site within 10 working days. +(b) Notwithstanding the provisions of subdivision (a) regarding the period of confidentiality, the well records for onshore and offshore wells shall become public records when the supervisor is notified that the lease has expired or terminated. +(c) Production reports filed pursuant to Section 3227 shall be open to inspection by the State Board of Equalization or its duly appointed representatives when making a survey pursuant to Section 1815 of the Revenue and Taxation Code or when valuing state-assessed property pursuant to Section 755 of the Revenue and Taxation Code, and by the assessor of the county in which a well referred to in Section 3227 is located. +(d) For the purposes of this section, “well records” does not include either experimental logs and tests or interpretive data not generally available to all operators, as defined by the supervisor by regulation. +(e) The cessation of drilling operations occurs on the date of removal of drilling machinery from the well site. +SEC. 6. +Section 3450 of the Public Resources Code is repealed. +SEC. 7. +Section 3450 is added to the Public Resources Code, to read: +3450. +(a) The Conservation Committee of California Oil and Gas Producers or any other committee of oil producers may issue recommendations to the supervisor relating to oil and gas exploration and production, if both of the following are satisfied: +(1) Copies of those recommendations are delivered to the supervisor. +(2) A committee issuing the recommendations makes available to the supervisor its records, files, minutes, reports, and other data pertaining to those recommendations. +(b) The division shall post any recommendation received by the supervisor pursuant to subdivision (a) on the division’s Internet Web site. +(c) (1) The supervisor, in his or her discretion, may express his or her disapproval of any recommendation received pursuant to subdivision (a). +(2) The supervisor, in the absence of a recommendation by a committee of oil producers or if the supervisor deems a recommendation to be insufficient or incorrect, may issue recommendations relating to oil and gas exploration and production. +(3) Oil producers may comply or agree to comply with the supervisor’s recommendation, but neither a disapproval by the supervisor nor a recommendation by him or her shall constitute a basis for implying an obligation for oil producers to comply with that disapproval or recommendation. +(d) Nothing in this section shall authorize the production of oil or gas in violation of this division. +SEC. 8. +Section 3451 of the Public Resources Code is repealed. +SEC. 9. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law requires the State Oil and Gas Supervisor to supervise the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities related to oil and gas production within an oil and gas field, so as to prevent damage to life, health, property, and natural resources, as provided; to permit owners and operators of wells to utilize all known methods and practices to increase the ultimate recovery of hydrocarbons; and to perform the supervisor’s duties in a manner that encourages the wise development of oil and gas resources to best meet oil and gas needs in this state. +This bill would no longer require the supervisor to perform his or her duties in that manner. The bill would instead require the supervisor to +authorize +supervise +the exploration and production of hydrocarbons, including, among other things, the drilling, operation, maintenance, and abandonment of wells, +and the +use of enhanced oil recovery methods, as defined, +and stimulation, as provided, +and +would +authorize the supervisor to allow an owner or operator of a well to drill, operate, maintain, and abandon wells utilizing all known methods and practices to increase the ultimate recovery of hydrocarbons if the supervisor finds that those methods and practices are consistent with existing law. +(2) Existing law requires the operator of a well to file a written notice of intention to commence drilling with, and prohibits any drilling until approval is given by, the supervisor or district deputy. Under existing law, the notice is deemed approved if the supervisor or district deputy fails to respond to the notice in writing within 10 working days from receipt and is deemed canceled if operations have not commenced within one year of receipt. +This bill would require an owner or operator of a well to file an application for approval to commence drilling, containing specified information, and would prohibit any drilling until written approval is given by the supervisor or the district deputy containing specified findings. The bill would authorize the supervisor, upon request, to grant a one-year extension if operations have not commenced within one year of the approval. The bill would require the applications and approvals by the supervisor or the district deputy to be posted on the division’s Internet Web site within 10 working days. +(3) The Permit Streamlining Act requires any public agency that is the lead agency for a development project to approve or disapprove of a project, as specified. Under that act, if the lead agency or responsible agency is required to provide public notice of the development project or to hold a public hearing on the development project, or both, and the agency has not provided the public notice or held the hearing, or both, at least 60 days prior to the expirations of specified time periods, the applicant may file an action to compel the agency to provide the public notice or hold the hearing, or both, as specified. +This bill would require the supervisor to perform his or her duties in conformance with that act. +(4) Existing law generally provides that well records filed by owners or operators with the supervisor are public records. However, existing law authorizes the supervisor, upon written request of an owner or operator, to maintain well records of exploratory wells, or other wells if the supervisor determines that there are extenuating circumstances, as confidential information. Under existing law, the confidential period for an onshore or offshore well is up to 2 or 5 years, respectively, from the cessation of drilling operations, as defined. Existing law authorizes the supervisor to extend the period of confidentiality of a well for 6 months upon written request documenting extenuating circumstances and requires that the total period of confidentiality, including all extensions, for onshore and offshore wells not exceed 4 or 7 years, respectively, from the cessation of drilling operations. +This bill would limit the authorization to maintain the confidentiality of well records to exploratory wells and only if the owner or operator includes specified information in the written request. The bill would deem both the request for, and the granting of, confidential well status to be public records and would require that information to be accessible on the division’s Internet Web site. The bill would require all well records of a confidential well, as defined, to be posted on the division’s Internet Web site within 10 working days once the confidential well period has ended. The bill would require that the confidential period for an offshore well not exceed 3 years from the cessation of drilling operations and would authorize the supervisor to extend the period of confidentiality for confidential wells for only 6 months, upon receiving a written request documenting extenuating circumstances. +(5) Existing law requires an owner or operator of a well to keep a log, core record, and history of the drilling of wells to be provided to the district deputy within 60 days after the date of cessation of drilling, rework, or abandonment operations or the date of suspension of operation. Under existing law, a person who fails to comply with this and other requirements relating to the regulation of oil or gas operations is guilty of a misdemeanor. +This bill would in addition require an owner or operator of a well to report specified information to the applicable regional water quality control board within 5 days of any loss of well and well casing integrity. Because a violation of this requirement would be a crime, the bill would impose a state-mandated local program. +(6) Existing law recognizes the Conservation Committee of California Oil and Gas Producers and authorizes it or any other committee of oil producers to make voluntary recommendations to the supervisor regarding, among other things, maximum efficient rates of production, as defined, if specified conditions are satisfied. +This bill would instead authorize any committee of oil producers to make recommendations to the supervisor regarding oil and gas exploration and production, as specified, and would require the division to post any recommendations received by the supervisor on the division’s Internet Web site. +(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 3008, 3106, 3203, and 3234 of, to add Section 3215.5 to, to repeal Section 3451 of, and to repeal and add Section 3450 of, the Public Resources Code, relating to oil and gas." +158,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1374.21 of the Health and Safety Code is amended to read: +1374.21. +(a) (1) A change in premium rates or changes in coverage stated in a group health care service plan contract shall not become effective unless the plan has delivered in writing a notice indicating the change or changes at least 60 days prior to the contract renewal effective date. +(2) The notice delivered pursuant to paragraph (1) for large group health plans shall also include the following information: +(A) Whether the rate proposed to be in effect is greater than the average rate increase for individual market products negotiated by the California Health Benefit Exchange for the most recent calendar year for which the rates are final. +(B) Whether the rate proposed to be in effect is greater than the average rate increase negotiated by the Board of Administration of the Public Employees’ Retirement System for the most recent calendar year for which the rates are final. +(C) Whether the rate change includes any portion of the excise tax paid by the health plan. +(b) A health care service plan that declines to offer coverage to or denies enrollment for a large group applying for coverage shall, at the time of the denial of coverage, provide the applicant with the specific reason or reasons for the decision in writing, in clear, easily understandable language. +SEC. 2. +Section 1385.045 is added to the Health and Safety Code, to read: +1385.045. +(a) For large group health care service plan contracts, each health plan shall file with the department the weighted average rate increase for all large group benefit designs during the 12-month period ending January 1 of the following calendar year. The average shall be weighted by the number of enrollees in each large group benefit design in the plan’s large group market and adjusted to the most commonly sold large group benefit design by enrollment during the 12-month period. For the purposes of this section, the large group benefit design includes, but is not limited to, benefits such as basic health care services and prescription drugs. The large group benefit design shall not include cost sharing, including, but not limited to, deductibles, copays, and coinsurance. +(b) (1) A plan shall also submit any other information required pursuant to any regulation adopted by the department to comply with this article. +(2) The department shall conduct an annual public meeting regarding large group rates within three months of posting the aggregate information described in this section in order to permit a public discussion of the reasons for the changes in the rates, benefits, and cost sharing in the large group market. The meeting shall be held in either the Los Angeles area or the San Francisco Bay area. +(c) A health care service plan subject to subdivision (a) shall also disclose the following for the aggregate rate information for the large group market submitted under this section: +(1) For rates effective during the 12-month period ending January 1 of the following year, number and percentage of rate changes reviewed by the following: +(A) Plan year. +(B) Segment type, including whether the rate is community rated, in whole or in part. +(C) Product type. +(D) Number of enrollees. +(E) The number of products sold that have materially different benefits, cost sharing, or other elements of benefit design. +(2) For rates effective during the 12-month period ending January 1 of the following year, any factors affecting the base rate, and the actuarial basis for those factors, including all of the following: +(A) Geographic region. +(B) Age, including age rating factors. +(C) Occupation. +(D) Industry. +(E) Health status factors, including, but not limited to, experience and utilization. +(F) Employee, and employee and dependents, including a description of the family composition used. +(G) Enrollees’ share of premiums. +(H) Enrollees’ cost sharing. +(I) Covered benefits in addition to basic health care services, as defined in Section 1345, and other benefits mandated under this article. +(J) Which market segment, if any, is fully experience rated and which market segment, if any, is in part experience rated and in part community rated. +(K) Any other factor that affects the rate that is not otherwise specified. +(3) (A) The plan’s overall annual medical trend factor assumptions for all benefits and by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology for the applicable 12-month period ending January 1 of the following year. A health plan that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the enrollees of the plan shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories, to the maximum extent possible, that are the same as, or similar to, those used by other plans. +(B) The amount of the projected trend separately attributable to the use of services, price inflation, and fees and risk for annual plan contract trends by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology. A health plan that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the enrollees of the plan shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories that are, to the maximum extent possible, the same or similar to those used by other plans. +(C) A comparison of the aggregate per enrollee per month costs and rate of changes over the last five years for each of the following: +(i) Premiums. +(ii) Claims costs, if any. +(iii) Administrative expenses. +(iv) Taxes and fees. +(D) Any changes in enrollee cost sharing over the prior year associated with the submitted rate information, including both of the following: +(i) Actual copays, coinsurance, deductibles, annual out of pocket maximums, and any other cost sharing by the benefit categories determined by the department. +(ii) Any aggregate changes in enrollee cost sharing over the prior years as measured by the weighted average actuarial value, weighted by the number of enrollees. +(E) Any changes in enrollee benefits over the prior year, including a description of benefits added or eliminated, as well as any aggregate changes, as measured as a percentage of the aggregate claims costs, listed by the categories determined by the department. +(F) Any cost containment and quality improvement efforts since the plan’s prior year’s information pursuant to this section for the same category of health benefit plan. To the extent possible, the plan shall describe any significant new health care cost containment and quality improvement efforts and provide an estimate of potential savings together with an estimated cost or savings for the projection period. +(G) The number of products covered by the information that incurred the excise tax paid by the health plan. +(d) The information required pursuant to this section shall be submitted to the department on or before October 1, 2016, and on or before October 1 annually thereafter. Information submitted pursuant to this section is subject to Section 1385.07. +SEC. 3. +Section 10181.45 is added to the Insurance Code, to read: +10181.45. +(a) For large group health insurance policies, each health insurer shall file with the department the weighted average rate increase for all large group benefit designs during the 12-month period ending January 1 of the following calendar year. The average shall be weighted by the number of insureds in each large group benefit design in the insurer’s large group market and adjusted to the most commonly sold large group benefit design by enrollment during the 12-month period. For the purposes of this section, the large group benefit design includes, but is not limited to, benefits such as basic health care services and prescription drugs. The large group benefit design shall not include cost sharing, including, but not limited to, deductibles, copays, and coinsurance. +(b) (1) A health insurer shall also submit any other information required pursuant to any regulation adopted by the department to comply with this article. +(2) The department shall conduct an annual public meeting regarding large group rates within three months of posting the aggregate information described in this section in order to permit a public discussion of the reasons for the changes in the rates, benefits, and cost sharing in the large group market. The meeting shall be held in either the Los Angeles area or the San Francisco Bay area. +(c) A health insurer subject to subdivision (a) shall also disclose the following for the aggregate rate information for the large group market submitted under this section: +(1) For rates effective during the 12-month period ending January 1 of the following year, number and percentage of rate changes reviewed by the following: +(A) Plan year. +(B) Segment type, including whether the rate is community rated, in whole or in part. +(C) Product type. +(D) Number of insureds. +(E) The number of products sold that have materially different benefits, cost sharing, or other elements of benefit design. +(2) For rates effective during the 12-month period ending January 1 of the following year, any factors affecting the base rate, and the actuarial basis for those factors, including all of the following: +(A) Geographic region. +(B) Age, including age rating factors. +(C) Occupation. +(D) Industry. +(E) Health status factors, including, but not limited to, experience and utilization. +(F) Employee, and employee and dependents, including a description of the family composition used. +(G) Insureds’ share of premiums. +(H) Insureds’ cost sharing. +(I) Covered benefits in addition to basic health care services, as defined in Section 1345 of the Health and Safety Code, and other benefits mandated under this article. +(J) Which market segment, if any, is fully experience rated and which market segment, if any, is in part experience rated and in part community rated. +(K) Any other factor that affects the rate that is not otherwise specified. +(3) (A) The insurer’s overall annual medical trend factor assumptions for all benefits and by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology for the applicable 12-month period ending January 1 of the following year. A health insurer that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the health insurer’s insureds shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories, to the maximum extent possible, that are the same or similar to those used by other insurers. +(B) The amount of the projected trend separately attributable to the use of services, price inflation, and fees and risk for annual policy trends by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology. A health insurer that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the insureds shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories that are, to the maximum extent possible, the same or similar to those used by other insurers. +(C) A comparison of the aggregate per insured per month costs and rate of changes over the last five years for each of the following: +(i) Premiums. +(ii) Claims costs, if any. +(iii) Administrative expenses. +(iv) Taxes and fees. +(D) Any changes in insured cost sharing over the prior year associated with the submitted rate information, including both of the following: +(i) Actual copays, coinsurance, deductibles, annual out of pocket maximums, and any other cost sharing by the benefit categories determined by the department. +(ii) Any aggregate changes in insured cost sharing over the prior years as measured by the weighted average actuarial value, weighted by the number of insureds. +(E) Any changes in insured benefits over the prior year, including a description of benefits added or eliminated as well as any aggregate changes as measured as a percentage of the aggregate claims costs, listed by the categories determined by the department. +(F) Any cost containment and quality improvement efforts made since the insurer’s prior year’s information pursuant to this section for the same category of health insurer. To the extent possible, the insurer shall describe any significant new health care cost containment and quality improvement efforts and provide an estimate of potential savings together with an estimated cost or savings for the projection period. +(G) The number of products covered by the information that incurred the excise tax paid by the health insurer. +(d) The information required pursuant to this section shall be submitted to the department on or before October 1, 2016, and on or before October 1 annually thereafter. Information submitted pursuant to this section is subject to Section 10181.7. +SEC. 4. +Section 10199.1 of the Insurance Code is amended to read: +10199.1. +(a) (1) An insurer or nonprofit hospital service plan or administrator acting on its behalf shall not terminate a group master policy or contract providing hospital, medical, or surgical benefits, increase premiums or charges therefor, reduce or eliminate benefits thereunder, or restrict eligibility for coverage thereunder without providing prior notice of that action. The action shall not become effective unless written notice of the action was delivered by mail to the last known address of the appropriate insurance producer and the appropriate administrator, if any, at least 45 days prior to the effective date of the action and to the last known address of the group policyholder or group contractholder at least 60 days prior to the effective date of the action. If nonemployee certificate holders or employees of more than one employer are covered under the policy or contract, written notice shall also be delivered by mail to the last known address of each nonemployee certificate holder or affected employer or, if the action does not affect all employees and dependents of one or more employers, to the last known address of each affected employee certificate holder, at least 60 days prior to the effective date of the action. +(2) The notice delivered pursuant to paragraph (1) for large group health insurance policies shall also include the following information: +(A) Whether the rate proposed to be in effect is greater than the average rate increase for individual market products negotiated by the California Health Benefit Exchange for the most recent calendar year for which the rates are final. +(B) Whether the rate proposed to be in effect is greater than the average rate increase negotiated by the Board of Administration of the Public Employees’ Retirement System for the most recent calendar year for which the rates are final. +(C) Whether the rate change includes any portion of the excise tax paid by the health insurer. +(b) A holder of a master group policy or a master group nonprofit hospital service plan contract or administrator acting on its behalf shall not terminate the coverage of, increase premiums or charges for, or reduce or eliminate benefits available to, or restrict eligibility for coverage of a covered person, employer unit, or class of certificate holders covered under the policy or contract for hospital, medical, or surgical benefits without first providing prior notice of the action. The action shall not become effective unless written notice was delivered by mail to the last known address of each affected nonemployee certificate holder or employer, or if the action does not affect all employees and dependents of one or more employers, to the last known address of each affected employee certificate holder, at least 60 days prior to the effective date of the action. +(c) A health insurer that declines to offer coverage to or denies enrollment for a large group applying for coverage shall, at the time of the denial of coverage, provide the applicant with the specific reason or reasons for the decision in writing, in clear, easily understandable language. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the federal Patient Protection and Affordable Care Act (PPACA), requires the United States Secretary of Health and Human Services to establish a process for the annual review of unreasonable increases in premiums for health insurance coverage in which health insurance issuers submit to the secretary and the relevant state a justification for an unreasonable premium increase prior to implementation of the increase. The PPACA imposes an excise tax on a provider of applicable employer-sponsored health care coverage, if the aggregate cost of that coverage provided to an employee exceeds a specified dollar limit. +Existing state law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. +Existing law requires a health care service plan or health insurer in the individual, small group, or large group markets to file rate information with the Department of Managed Health Care or the Department of Insurance. For large group plan contracts and policies, existing law requires a plan or insurer to file rate information with the respective department at least 60 days prior to implementing an unreasonable rate increase, as defined in PPACA. Existing law requires the plan or insurer to also disclose specified aggregate data with that rate filing. Existing law authorizes the respective department to review those filings, to report to the Legislature at least quarterly on all unreasonable rate filings, and to post on its Internet Web site a decision that an unreasonable rate increase is not justified or that a rate filing contains inaccurate information. Existing law requires prior notice, as specified, of changes to premium rates or coverage in order for those changes to be effective. +This bill would add to the existing rate information requirement to further require large group health care service plans and health insurers to file with the respective department the weighted average rate increase for all large group benefit designs during the 12-month period ending January 1 of the following calendar year. The bill would require the notice of changes to premium rates or coverage for large group health plans and insurance policies to provide additional information regarding whether the rate change is greater than average rate increases approved by the California Health Benefit Exchange or by the Board of Administration of the Public Employees’ Retirement System, or would be subject to the excise tax described above. The bill would require the plan or insurer to file additional aggregate rate information with the respective department on or before October 1, 2016, and annually thereafter. The bill would require the respective department to conduct a public meeting regarding large group rate changes. The bill would require these meetings to occur annually after the respective department has reviewed the large group rate information required to be submitted annually by the plan or insurer, as specified. The bill would authorize a health care service plan or health insurer that exclusively contracts with no more than 2 medical groups to provide or arrange for professional medical services for enrollees or insureds to meet this requirement by disclosing its actual trend experience for the prior year using benefit categories that are the same or similar to those used by other plans or health insurers. +Because a willful violation of the bill’s requirements by a health care service plan would be a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1374.21 of, and to add Section 1385.045 to, the Health and Safety Code, and to amend Section 10199.1 of, and to add Section 10181.45 to, the Insurance Code, relating to health care coverage." +159,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The California Health and Human Services Agency consists of the following departments: the California Department of Aging, the Department of Community Services and Development, the State Department of Developmental Services, the State Department of Health Care Services, the Department of Managed Health Care, the State Department of Public Health, the Department of Rehabilitation, the State Department of Social Services, and the State Department of State Hospitals. +(b) The agency also includes the Emergency Medical Services Authority, the Office of Health Information Integrity, the Office of Patient Advocate, the Office of Statewide Health Planning and Development, the Office of Systems Integration, the Office of Law Enforcement Support, and the State Council on Developmental Disabilities. +(c) California baby boomers are turning 65 years of age at the highest rate in the nation, and over 20 percent of California’s population will be 65 years of age or older by 2030. +(d) Among persons 65 years of age and older, an estimated 70 percent will use long-term services and supports (LTSS). +(e) Persons who are 85 years of age or older are the fastest growing segment of the United States population, and they are four times more likely to need LTSS than persons who are 65 years of age or older, but younger than 85 years of age. +(f) People are living longer, and the aging population is increasingly diverse. +(g) A report by the Senate Select Committee on Aging and Long Term Care on January 5, 2015, called, “A Shattered System: Reforming Long-Term Care in California. Envisioning and Implementing an IDEAL Long-Term Care System in California,” found that the state’s system of 112 aging and long-term care programs administered by 20 agencies and departments is almost impossible for consumers to navigate. +(h) Other deficiencies of the system include the lack of person-centered care, poor transitions from hospital to home or to other institutions, limited access to a range of services that enable aging in place, deficiency of services and supports in rural areas, limited cultural competency, skilled workforce shortages across a range of disciplines, the lack of uniform data, the lack of a universal assessment tool, and limited caregiver supports. +SEC. 2. +Division 121 (commencing with Section 152000) is added to the Health and Safety Code, to read: +DIVISION 121. Aging and Long-Term Care Services, Supports, and Program Coordination +152000. +The Secretary of California Health and Human Services shall be responsible for all of the following: +(a) Inter- and intra-agency coordination of state aging and long-term care services, supports, and programs. +(b) Ensuring efficient and effective use of state funds. +(c) Maximizing the drawdown, and the efficient and effective use of federal funds. +152001. +There is hereby created a Statewide Aging and Long-Term Care Services Coordinating Council, chaired by the Secretary of California Health and Human Services, and consisting of the heads, or their designated representative, of all of the following: +(a) The California Department of Aging. +(b) The Department of Community Services and Development. +(c) The Department of Consumer Affairs. +(d) The Department of Food and Agriculture. +(e) The Department of Human Resources. +(f) The Department of Insurance. +(g) The Department of Justice. +(h) The Department of Motor Vehicles. +(i) The Department of Rehabilitation. +(j) The Department of Transportation. +(k) The Department of Veterans Affairs. +(l) The Emergency Medical Services Authority. +(m) The Employment Development Department. +(n) The Office of Health Information Integrity. +(o) The Office of Law Enforcement Support. +(p) The Office of Patient Advocate. +(q) The Office of Statewide Health Planning and Development. +(r) The Office of Systems Integration. +(s) The State Department of Developmental Services. +(t) The State Department of Health Care Services. +(u) The State Department of Public Health. +(v) The State Department of Social Services. +152002. +(a) The secretary shall lead the council in the development of a state aging and long-term care services strategic plan to address how the state will meet the needs of the aging population in the years 2020, 2025, and 2030. The strategic plan shall incorporate clear benchmarks and timelines for achieving the goals set forth in the strategic plan and a cost and benefit analysis for each goal or recommendation included in the plan. In developing the strategic plan, the council shall consult with all of the following: +(1) Experts, researchers, practitioners, service providers, and facility operators in the field of aging and long-term care. +(2) Consumer advocates and stakeholders, including the Olmstead Advisory Committee, the California Commission on Aging, area agencies on aging, the State Council on Developmental Disabilities, the California Foundation for Independent Living Centers, and the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy. +(3) Rural and urban communities, in order to identify infrastructure capacity issues, the need for uniform access standards for home and community-based services, and mechanisms for supporting coordination of regional and local service access and delivery. +(4) The California Task Force on Family Caregiving, the findings and recommendations of which shall be incorporated into the strategic plan. +(b) Technical support for the development of the strategic plan shall be provided by the Office of Health Equity in the State Department of Public Health and by the California Department of Aging. +(c) The strategic plan shall address all of the following: +(1) Integration and coordination of services that support independent living, aging in place, social and civic engagement, and preventive care. +(2) Long-term care financing. +(3) Managed care expansion and continuum of care. +(4) Advanced planning for end-of-life care. +(5) Elder justice. +(6) Care guidelines for Alzheimer’s disease, dementia, Amyotrophic Lateral Sclerosis (ALS), and other debilitating diseases. +(7) Caregiver support. +(8) Data collection, consolidation, uniformity, analysis, and access. +(9) Affordable housing. +(10) Mobility. +(11) Workforce. +(12) The alignment of state programs with the federal Administration for Community Living. +(13) The potential for integration and coordination of aging and long-term care services with services and supports for people with disabilities. +(d) In developing the strategic plan, the council shall examine model programs in various cities, counties, and states. The strategic plan shall consider how to scale up local, regional, and state-level best practices and innovations designed to overcome the challenges related to long-term care services delivery. +(e) Notwithstanding Section 10231.5 of the Government Code, the strategic plan shall be submitted to the Secretary of the Senate and the Chief Clerk of the Assembly, to the appropriate chairs of the policy committees of the Legislature with jurisdiction over any aging and long-term care related issues, and to the chairs of the fiscal committees of the Legislature by July 1, 2018. +152003. +The secretary may accept grants or donations, real or in-kind, to support the operation of the council and the development of the state aging and long-term care services strategic plan.","Existing law establishes the California Health and Human Services Agency consisting of the Departments of Aging, Child Support Services, Community Services and Development, Developmental Services, Health Care Services, Managed Health Care, Public Health, Rehabilitation, Social Services, and State Hospitals, among other entities. +Existing law sets forth legislative findings and declarations regarding long-term care services, including that consumers of those services experience great differences in service levels, eligibility criteria, and service availability that often result in inappropriate and expensive care that is not responsive to individual needs. Those findings and declarations also state that the laws governing long-term care facilities have established an uncoordinated array of long-term care services that are funded and administered by a state structure that lacks necessary integration and focus. +This bill, among other things, would create the Statewide Aging and Long-Term Care Services Coordinating Council, chaired by the Secretary of California Health and Human Services, and would consist of the heads, or their designated representative, of specified departments and offices. The secretary would have specified responsibilities, including, but not limited to, leading the council in the development of a state aging and long-term care services strategic plan to address how the state will meet the needs of the aging population in the years 2020, 2025, and 2030. The bill would require the strategic plan to be submitted to the Secretary of the Senate, the Chief Clerk of the Assembly, and the chairs of specified policy and fiscal committees of the Legislature by July 1, 2018. The bill would authorize the Secretary of California Health and Human Services to accept grants or donations, real or in-kind, to support the operation of the Statewide Aging and Long-Term Care Services Coordinating Council and the development of the state aging and long-term care services strategic plan.","An act to add Division 121 (commencing with Section 152000) to the Health and Safety Code, relating to aging." +160,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Quality, affordable child care is essential to prepare California’s children to succeed in school and in life and to allow families to work and contribute to the state’s economy with the assurance that their children are safe, well cared for, and learning. +(b) Family child care is the child care setting of choice for many families because of its warm homelike environment, convenience, and affordability. The flexibility offered by many family child care providers is particularly vital to low-wage workers who are subject to highly unpredictable work schedules, and to the many California workers who work nontraditional hours and need child care on evenings, overnights, and weekends. Close to 40 percent of licensed family child care homes offer evening, weekend, and overnight care, compared with only 2 percent of centers. +(c) Family child care providers are small business owners who contribute significantly to the economies of their communities and the state. As businesses, family child care providers are engines for economic growth, generating 100,000 direct and indirect jobs, three billion five hundred million dollars ($3,500,000,000) in economic output, and five hundred fifty million dollars ($550,000,000) in tax revenues. Family child care providers also contribute to the economy by serving as a vital job support for working families. +(d) Family child care providers face significant health and safety risks on the job, and will thus benefit from training on occupational safety and health. +(e) Giving family child care providers training on how to better navigate the state-funded child care system, including how to become licensed, will result in a more efficient and cost-effective system for family child care providers, families, and the state. +(f) California currently does not have a single list of all family child care providers who participate in the state-funded child care program. Creating such a list will enable the state to track and ensure compliance with training and background check requirements. Making that list available to provider organizations that will enable family child care providers to meet one another, be informed about training opportunities, and form and build organizations will allow them to share their common concerns and advocate to improve the quality, access, and stability of child care available to California’s children and families. This will allow the state to maximize its return on its investment in child care. +SEC. 2. +Article 19.5 (commencing with Section 8430) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: +Article 19.5. Raising Child Care Quality Act +8430. +This article shall be known, and may be cited, as the Raising Child Care Quality Act. +8431. +The purpose of this article is to ensure that family child care providers receive orientation training on subjects including occupational health and safety practices and standards and the state’s early learning foundations, and to make it more possible for family child care providers to be informed about training opportunities and to form and join provider organizations to share their common concerns and advocate for improvements to the state-funded child care system. +8432. +As used in this article: +(a) “Family child care provider” or “provider” means a child care provider that participates in a state-funded child care program and is either of the following: +(1) A family day care home provider, as described in Section 1596.78 of the Health and Safety Code, who is licensed pursuant to the requirement in Section 1596.80 of the Health and Safety Code. +(2) An individual who meets both of the following criteria: +(A) Provides child care in his or her own home or in the home of the child receiving care. +(B) Is exempt from licensing requirements pursuant to Section 1596.792 of the Health and Safety Code. +(b) “Provider organization” means an organization that has all of the following characteristics: +(1) Includes family child care providers as members. +(2) Has as one of its main purposes the representation of family child care providers in their relations with public or private entities in California or in advancing the concerns of providers regarding the terms of their participation in state-funded child care programs. +(3) Is not an entity that contracts with the state or a county to administer or process payments for a state-funded child care program. +(c) “State-funded child care program” means a program administered by the State Department of Education, the State Department of Social Services, or another department, agency, or political subdivision of the state, including programs established subsequent to the passage of this article, to subsidize early learning and care for children, but not including the public education system. +8433. +(a) To ensure that family child care providers have the opportunity to receive substantive training on topics including health and safety standards for child care workers, child care subsidy program functioning, and the state’s early learning foundations, the State Department of Education shall ensure that all family child care providers attend an in-person orientation training. Providers who are new to the state-funded child care program shall complete the orientation training within three months after they begin participating in the state-funded child care program. Providers who are already participating in the state-funded child care program shall complete the orientation training within two years after it is first offered. Other child care providers who are not family child care providers or who do not participate in the state-funded child care program may also be invited to attend the orientation training at no cost to the providers personally. +(b) Family child care providers shall be compensated for their time attending the orientation training. The orientation training shall be offered at times and in community-based settings that are convenient and accessible to family child care providers. +(c) If a substantial number of the family child care providers participating in the state-funded child care program in a given county are non-English speaking, some orientation training, including written material distributed at the training, in that county shall be provided in the languages spoken by a substantial number of family child care providers, in order to facilitate full participation from all providers. +(d) Alternatives to in-person orientation training shall be offered on a case-by-case basis for providers who have been unable to attend an orientation training within two years after the training is first offered, or within three months after the family child care provider begins participating in the state-funded child care program. +(e) An orientation training shall include at least four hours of instruction, which shall be in addition to training currently offered by resource and referral programs, and which is intended to count towards satisfying pre-service or orientation training requirements of federal law. The orientation training shall include information about all of the following: +(1) Minimum health and safety standards, including emergency preparedness and response planning. +(2) Occupational health and safety for family child care providers, including information about injuries, infectious diseases, environmental risks, and job-related stress. +(3) Information about the state-funded child care program, including the referral and listing process of resource and referral agencies, alternative payment programs, including family approval and payment processes, timelines, appeals processes, licensing guidelines, and the process for becoming a licensed family child care provider. +(4) Information about the state’s early learning foundations and how they align with K–5 standards. +(5) Information on resources available to providers and the children and families they serve, including all of the following: +(A) The federal Child and Adult Care Food Program. +(B) The state early intervention system, First 5 county commissions, and other sources of available training and resources, particularly related to child development, literacy, and alignment with K–5 standards. +(C) Information from provider organizations that notify the State Department of Education they would like to make presentations at or include information about their organizations at an orientation training. These programs or organizations may deliver this information through brief presentations as part of the orientation training. +(f) The State Department of Education shall offer the orientation training either directly or through contracts. The occupational safety and health portion of the training shall be offered through contracts with a statewide organization that has expertise about the state-funded child care program, that includes family child care providers as members, and that is not an entity that contracts with the state or a county to administer or process payments for a state-funded child care program. The remainder of the training shall be offered primarily with local resource and referral programs, as defined in subdivision (x) of Section 8208. +(g) Only curriculum approved by the State Department of Education may be used to fulfill the training requirements specified in this section. In order to ensure that the occupational safety and health portion of the training reflects providers’ needs and the realities of their work with regard to the occupational safety and health portion of the training, the State Department of Education shall only approve training curriculum that has been developed with input from family child care providers or their representatives. +(h) The Superintendent may adopt rules and regulations regarding the orientation training required under this section. The Superintendent may consult with other appropriate entities, including provider organizations and other early education and care advocates, representatives of community colleges, higher education institutions, resource and referral networks, First 5 county commissions, organizations that operate training programs or apprenticeship programs, and early education and care employers in developing these rules and regulations. +8434. +(a) Within 10 days of receipt of a request from a provider organization, the State Department of Social Services shall make available to that provider organization information regarding family child care providers described in paragraph (1) of subdivision (a) of Section 8432, including each provider’s name, home address, mailing address, telephone number, email address, if known, and license number. +(b) Within 30 days of receipt of a request from a provider organization, the State Department of Education, with the assistance of the State Department of Social Services and any state department or agency, or its contractor or subcontractor, in possession of the relevant information, shall collect information regarding family child care providers, including each provider’s name, home address, mailing address, telephone number, email address, if known, unique provider identification number, if applicable, and shall make that information available to the provider organization. The provider organization shall bear the reasonable costs of collecting the information described in this subdivision to the extent that the state is not already collecting it and is not already required by federal or state law or regulation to collect it, with any such payment going to reimburse the state departments, agencies, contractors, or subcontractors that incurred the costs of compiling the list. It is the intent of the Legislature that this list will assist the State Department of Social Services and the State Department of Education and their contractors in tracking provider compliance. +(c) A provider organization under this article shall be considered a family day care organization for purposes of subdivisions (b) and (c) of Section 1596.86 of the Health and Safety Code. All confidentiality requirements applicable to recipients of information pursuant to Section 1596.86 of the Health and Safety Code apply to provider organizations and shall apply also to protect the personal information of family child care providers as defined in paragraph (2) of subdivision (a) of Section 8432. +(d) Information provided pursuant to this section shall be used only for purposes of advocating on behalf of family child care providers and educating them on their rights and services available to them. +(e) Upon written request of a family child care provider, the State Department of Education and the State Department of Social Services shall remove the family child care provider’s home address and home telephone number from the mailing lists referenced in subdivisions (a) and (b) before the release of the lists. +8435. +The requirements of this article are contingent upon appropriation of funds for purposes of this article in the annual Budget Act or another statute.","Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of family day care homes by the State Department of Social Services. Existing law, the Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age, including, among others, resource and referral programs, alternative payment programs, and family child care home education networks. +This bill would require the State Department of Education to ensure that all family child care providers, as defined, attend an in-person orientation training, as provided. The bill would require the orientation training to include at least 4 hours of instruction and include specified information, including minimum health and safety standards, as provided. The bill would authorize the Superintendent to adopt rules and regulations regarding the orientation training. +The bill would require the State Department of Social Services and the State Department of Education, with the assistance of specified state departments and agencies, and their contractors and subcontractors, to make specified information regarding family child care providers available to provider organizations, and would require the provider organization requesting the information to bear the costs of collecting the information, as provided. +The bill would provide that the above provisions are contingent upon an appropriation of funds for these purposes in the annual Budget Act or another statute.","An act to add Article 19.5 (commencing with Section 8430) to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, relating to child care." +161,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 320.6 is added to the Penal Code, to read: +320.6. +(a) Notwithstanding Section 320.5, this section shall apply to an eligible organization, as defined in subdivision (c). +(b) A raffle conducted by an eligible organization, as defined in subdivision (c), for the purpose of directly supporting beneficial or charitable purposes or financially supporting another private, nonprofit eligible organization, as defined in subdivision (c) of Section 320.5, that performs beneficial or charitable purposes may be conducted in accordance with this section. +(c) For purposes of this section, “eligible organization” means a private, nonprofit organization established by, or affiliated with, a team from the Major League Baseball, National Hockey League, National Basketball Association, National Football League, Women’s National Basketball Association, or Major League Soccer, or a private, nonprofit organization established by the Professional Golfers’ Association of America, Ladies Professional Golf Association, or National Association for Stock Car Auto Racing that has been qualified to conduct business in California for at least one year before conducting a raffle, is qualified for an exemption under Section 501(c)(3) of the Internal Revenue Code, and is exempt from taxation pursuant to Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, 23701t, or 23701w of the Revenue and Taxation Code. +(d) For purposes of this section, “raffle” means a scheme for the distribution of prizes by chance among persons who have paid money for paper tickets that provide the opportunity to win these prizes, in which all of the following are true: +(1) Each ticket sold contains a unique and matching identifier. +(2) (A) Winners of the prizes are determined by a manual draw from tickets described in paragraph (1) that have been sold for entry in the manual draw. +(B) An electronic device may be used to sell tickets. The ticket receipt issued by the electronic device to the purchaser may include more than one unique and matching identifier, representative of and matched to the number of tickets purchased in a single transaction. +(C) A random number generator is not used for the manual draw or to sell tickets. +(D) The prize paid to the winner is comprised of one-half or 50 percent of the gross receipts generated from the sale of raffle tickets for a raffle. +(3) The manual draw is conducted in California under the supervision of a natural person who meets all of the following requirements: +(A) The person is 18 years of age or older. +(B) The person is affiliated with the eligible organization conducting the raffle. +(C) The person is registered with the Department of Justice pursuant to paragraph (4) of subdivision (o). +(4) (A) Fifty percent of the gross receipts generated from the sale of raffle tickets for any given manual draw are used by the eligible organization conducting the raffle to benefit or provide support for beneficial or charitable purposes, or used to benefit another private, nonprofit organization, provided that an organization receiving these funds is itself an eligible organization as defined in subdivision (c) of Section 320.5. As used in this section, “beneficial purposes” excludes purposes that are intended to benefit officers, directors, or members, as defined by Section 5056 of the Corporations Code, of the eligible organization. Funds raised by raffles conducted pursuant to this section shall not be used to fund any beneficial, charitable, or other purpose outside of California. This section does not preclude an eligible organization from using funds from sources other than the sale of raffle tickets to pay for the administration or other costs of conducting a raffle. +(B) An employee of an eligible organization who is a direct seller of raffle tickets shall not be treated as an employee for purposes of workers’ compensation under Section 3351 of the Labor Code if the following conditions are satisfied: +(i) Substantially all of the remuneration, whether or not paid in cash, for the performance of the service of selling raffle tickets is directly related to sales rather than to the number of hours worked. +(ii) The services performed by the person are performed pursuant to a written contract between the seller and the eligible organization and the contract provides that the person will not be treated as an employee with respect to the selling of raffle tickets for workers’ compensation purposes. +(C) For purposes of this section, an employee selling raffle tickets shall be deemed to be a direct seller as described in Section 650 of the Unemployment Insurance Code as long as he or she meets the requirements of that section. +(e) A person who receives compensation in connection with the operation of the raffle shall be an employee of the eligible organization that is conducting the raffle, and in no event may compensation be paid from revenues required to be dedicated to beneficial or charitable purposes. +(f) A raffle ticket shall not be sold in exchange for Bitcoin or any other cryptocurrency. +(g) A raffle otherwise permitted under this section shall not be conducted by means of, or otherwise utilize, any gaming machine that meets the definition of slot machine contained in Section 330a, 330b, or 330.1. +(h) (1) A raffle otherwise permitted under this section shall not be conducted, nor may tickets for a raffle be sold, within an operating satellite wagering facility or racetrack inclosure licensed pursuant to the Horse Racing Law (Chapter 4 (commencing with Section 19400) of Division 8 of the Business and Professions Code) or within a gambling establishment licensed pursuant to the Gambling Control Act (Chapter 5 (commencing with Section 19800) of Division 8 of the Business and Professions Code). +(2) A raffle shall not be operated or conducted in any manner over the Internet, nor may raffle tickets be sold, traded, or redeemed over the Internet. For purposes of this paragraph, an eligible organization shall not be deemed to operate or conduct a raffle over the Internet, or sell raffle tickets over the Internet, if the eligible organization advertises its raffle on the Internet or permits others to do so. Information that may be conveyed on an Internet Web site pursuant to this paragraph includes, but is not limited to, all of the following: +(A) Lists, descriptions, photographs, or videos of the raffle prizes. +(B) Lists of the prize winners. +(C) The rules of the raffle. +(D) Frequently asked questions and their answers. +(E) Raffle entry forms, which may be downloaded from the Internet Web site for manual completion by raffle ticket purchasers, but shall not be submitted to the eligible organization through the Internet. +(F) Raffle contact information, including the eligible organization’s name, address, telephone number, facsimile number, or email address. +(i) An individual, corporation, partnership, or other legal entity shall not hold a financial interest in the conduct of a raffle, except the eligible organization that is itself authorized to conduct that raffle, and any private, nonprofit, eligible organizations receiving financial support from that charitable organization pursuant to subdivisions (b) and (d). +(j) (1) An eligible organization may conduct a major league sports raffle only at a home game. +(2) An eligible organization shall not conduct more than one major league sports raffle per home game. +(k) An employee shall not sell raffle tickets in any seating area designated as a family section. +(l) An eligible organization shall disclose to all ticket purchasers the designated private, nonprofit, eligible organization for which the raffle is being conducted. +(m) An eligible organization that conducts a raffle to financially support another private, nonprofit eligible organization, as defined in subdivision (c) of Section 320.5, shall distribute all proceeds not paid out to the winners of the prizes to the private, nonprofit organization within 15 days of conducting the raffle, in accordance with this section. +(n) Any raffle prize remaining unclaimed by a winner at the end of the season for a team with an affiliated eligible organization that conducted a raffle to financially support another private, nonprofit eligible organization, as defined in subdivision (c) of Section 320.5, shall be donated within 30 days from the end of the season by the eligible organization to the designated private, nonprofit organization for which the raffle was conducted. +(o) (1) (A) An eligible organization shall not conduct a raffle authorized under this section, unless it has a valid registration issued by the Department of Justice. The department shall furnish a registration form via the Internet or upon request to eligible nonprofit organizations. The department shall, by regulation, collect only the information necessary to carry out the provisions of this section on this form. This information shall include, but is not limited to, the following: +(i) The name and address of the eligible organization. +(ii) The federal tax identification number, the corporate number issued by the Secretary of State, the organization number issued by the Franchise Tax Board, or the California charitable trust identification number of the eligible organization. +(iii) The name and title of a responsible fiduciary of the organization. +(B) (i) The department may require an eligible organization to pay a minimum annual registration fee of five thousand dollars ($5,000) to cover the reasonable costs of the department to administer and enforce this section. +(ii) An eligible organization shall pay, in addition to the annual registration application fee, one hundred dollars ($100) for every individual raffle conducted at an eligible location to cover the reasonable costs of the department to administer and enforce this section. This fee shall be submitted in conjunction with the annual registration form. +(2) (A) A manufacturer or distributor of raffle-related products or services shall not conduct business with an eligible organization for purposes of conducting a raffle pursuant to this section unless the manufacturer or distributor has a valid annual registration issued by the department. +(B) The department may require a manufacturer or distributor of raffle-related products or services to pay a minimum annual registration fee of five thousand dollars ($5,000) to cover the reasonable costs of the department to administer and enforce this section. +(3) An eligible organization shall register the equipment used in the sale and distribution of raffle tickets, and shall have the equipment tested by an independent gaming testing lab. +(4) (A) A person affiliated with an eligible organization who conducts the manual draw shall annually register with the department. +(B) The department may require a person affiliated with an eligible organization who conducts the manual draw to pay a minimum annual registration fee of ten dollars ($10) to cover the reasonable costs of the department to administer and enforce this section. +(5) The department may, by regulation, adjust the annual registration fees described in this section as needed to ensure that revenues will fully offset, but not exceed, the reasonable costs incurred by the department pursuant to this section. The fees shall be deposited by the department into the General Fund. +(6) The department shall receive moneys for the costs incurred pursuant to this section subject to an appropriation by the Legislature. +(7) The department shall adopt, on or before June 1, 2016, regulations necessary to effectuate this section, including emergency regulations, pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). +(8) The department shall maintain an automated database of all registrants. +(9) A local law enforcement agency shall notify the department of any arrests or investigation that may result in an administrative or criminal action against a registrant. +(10) The department may investigate all suspected violations of this section or any regulation adopted pursuant to this section, or any activity that the registrant has engaged in that is not in the best interests of the public’s health, safety, or general welfare as it pertains to charitable raffles. +(11) The department may audit the records and other documents of a registrant to ensure compliance with this section, and may charge a registrant the direct costs associated with an audit conducted pursuant to this paragraph. +(12) (A) Once registered, an eligible organization shall file annually thereafter with the department a report that includes all of the following information for each of the eligible organization’s last three fiscal years: +(i) The aggregate gross receipts from the operation of raffles. +(ii) The aggregate direct costs incurred by the eligible organization from the operation of raffles. +(iii) The charitable or beneficial purposes for which proceeds of the raffles were used. +(iv) The aggregate distributions of proceeds from the operation of raffles made to directly support beneficial or charitable purposes, other than beneficial or charitable purposes undertaken by the eligible organization, or eligible recipient organizations, under subdivision (c) of Section 320.5. +(v) The aggregate distributions of proceeds from the operation of raffles made to raffle winners. +(vi) The aggregate distributions of proceeds from the operation of raffles made to any other organizations, or for any other purposes, other than those included in clauses (ii), (iv), and (v). +(vii) A schedule of distributions of proceeds from the operation of raffles, by individual raffle, made to eligible recipient organizations under subdivision (c) of Section 320.5 that are not affiliated with the eligible organization. +(viii) A schedule of distributions of proceeds from the operation of raffles, by individual raffle, made to eligible recipient organizations under subdivision (c) of Section 320.5 that are affiliated with the eligible organization. +(ix) A schedule of distributions of proceeds from the operation of raffles, by individual raffle, made to any other organization not included under clause (vii) or (viii), or for beneficial or charitable purposes undertaken by the eligible organization. +(x) The aggregate gross receipts from activities other than the operation of raffles. +(xi) The aggregate costs incurred by the eligible organization from activities other than the operation of raffles. +(xii) The aggregate distributions of funds other than proceeds from the operation of raffles made to directly support beneficial or charitable purposes or eligible recipient organizations under subdivision (c) of Section 320.5. +(xiii) The aggregate distributions of funds other than proceeds from the operation of raffles for purposes other than those listed in clauses (xi) and (xii). +(xiv) A schedule of distributions of funds other than proceeds from the operation of raffles made to eligible recipient organizations under subdivision (c) of Section 320.5 that are not affiliated with the eligible organization. +(xv) A schedule of distributions of funds other than proceeds from the operation of raffles made to any other organization not included under clause (xiv), or for beneficial or charitable purposes undertaken by the eligible organization. +(B) Failure to submit the annual report to the department as required in this paragraph shall be grounds for denial of an annual registration. +(C) The department shall make the reports required by this paragraph available to the public via the online search portal of the Attorney General’s Registry of Charitable Trusts maintained pursuant to Section 12584 of the Government Code. +(13) The department shall annually furnish to registrants a form to collect this information. +(p) The department may take legal action against a registrant if it determines that the registrant has violated this section or a regulation adopted pursuant to this section, or that the registrant has engaged in any conduct that is not in the best interests of the public’s health, safety, or general welfare. An action taken pursuant to this subdivision does not prohibit the commencement of an administrative or criminal action by the Attorney General, a district attorney, city attorney, or county counsel. +(q) An action and hearing conducted to deny, revoke, or suspend a registry, or other administrative action taken against a registrant, shall be conducted pursuant to the Administrative Procedure Act (Chapters 4.5 (commencing with Section 11400) and 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). The department may seek civil remedies, including imposing fines, for violations of this section, and may seek recovery of the costs incurred in investigating or prosecuting an action against a registrant or applicant in accordance with those procedures specified in Section 125.3 of the Business and Professions Code. A proceeding conducted under this subdivision is subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. A violation of this section shall not constitute a crime. +(r) This section shall remain in effect only until December 31, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2018, deletes or extends that date.","The California Constitution authorizes the Legislature to permit private, nonprofit, eligible organizations to conduct raffles as a funding mechanism to support beneficial and charitable works, if, among other conditions, at least 90% of the gross receipts from the raffle go directly to beneficial or charitable purposes in California. The California Constitution further authorizes the Legislature to amend the percentage of gross receipts required to be dedicated to beneficial or charitable purposes by a statute passed by a +2/3 +vote of each house of the Legislature. Existing statutory law implements those provisions and requires the Department of Justice to administer and enforce those provisions. +This bill would authorize a major league sports raffle at a home game conducted by an eligible organization, as defined, for the purpose of directly supporting specified beneficial or charitable purposes in California, or financially supporting another private, nonprofit, eligible organization, as defined, that performs those purposes if, among other requirements, each ticket sold contains a unique and matching identifier, 50% of the gross receipts generated from the sale of raffle tickets are used to benefit or provide support for beneficial or charitable purposes, as defined, the other 50% is paid to the winner, and the winners of the prizes are determined by a manual draw, as specified. The bill would authorize an electronic device to be used to sell tickets. The bill would prohibit the use of a random number generator for the manual draw or sale of tickets. This bill would define an eligible organization as a private, nonprofit organization established by, or affiliated with, a team from specified sports organizations that has been qualified to conduct business in California for at least one year before conducting a raffle and is exempt from taxation pursuant to specified provisions of federal and California law. +The bill would require, if an eligible organization conducts a raffle for purposes of financially supporting another private, nonprofit, eligible organization, the eligible organization conducting the raffle to distribute to the other eligible organization all proceeds not paid out to the winners within 15 days of conducting the raffle. The bill would require an eligible organization to disclose to all ticket purchasers the designated private, nonprofit organization for which the raffle is being conducted. +This bill would also prohibit an eligible organization from conducting a raffle, and a manufacturer or distributor of raffle-related products or services from conducting business with an eligible organization for purposes of conducting a raffle pursuant to these provisions, without first having obtained and thereafter maintained a registration from the Department of Justice, as specified. Once registered, the bill would require an eligible organization to file annually thereafter with the department a report that includes specified information for each of the eligible organization’s last 3 fiscal years, and would require the department to make those reports available online, as provided. This bill would require the department to adopt, on or before June 1, 2016, regulations to enforce these provisions, would authorize the department to assess annual registration fees, as specified, to be deposited in the General Fund to cover the reasonable costs of establishing and operating this registration system, and would require the department to maintain a database of registrants and conduct specified proceedings in compliance with the Administrative Procedure Act. The bill would repeal its provisions on December 31, 2018.","An act to add and repeal Section 320.6 of the Penal Code, relating to gaming." +162,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 116681 of the Health and Safety Code is amended to read: +116681. +Except as provided in paragraph (2) of subdivision (j) of Section 116686, the following definitions shall apply to this section and Sections 116682, 116684, and 116686: +(a) “Adequate supply” means sufficient water to meet residents’ health and safety needs. +(b) “Affected residence” means a residence within a disadvantaged community that is reliant on a water supply that is either inadequate or unsafe. +(c) “Consistently fails” means a failure to provide an adequate supply of safe drinking water. +(d) “Consolidated water system” means the public water system resulting from the consolidation of a public water system with another public water system, state small water system, or affected residences not served by a public water system. +(e) “Consolidation” means joining two or more public water systems, state small water systems, or affected residences not served by a public water system, into a single public water system. +(f) “Disadvantaged community” means a disadvantaged community, as defined in Section 79505.5 of the Water Code, that is in an unincorporated area, is in a mobilehome park, or is served by a mutual water company. +(g) “Extension of service” means the provision of service through any physical or operational infrastructure arrangement other than consolidation. +(h) “Receiving water system” means the public water system that provides service to a subsumed water system through consolidation or extension of service. +(i) “Safe drinking water” means water that meets all primary and secondary drinking water standards. +(j) “Subsumed water system” means the public water system, state small water system, or affected residences not served by a public water system consolidated into or receiving service from the receiving water system. +SEC. 1.5. +Section 116681 of the Health and Safety Code is amended to read: +116681. +Except as provided in paragraph (2) of subdivision (j) of Section 116686, the following definitions shall apply to this section and Sections 116682, 116684, and 116686: +(a) “Adequate supply” means sufficient water to meet residents’ health and safety needs. +(b) “Affected residence” means a residence within a disadvantaged community that is reliant on a water supply that is either inadequate or unsafe. +(c) “Consistently fails” means a failure to provide an adequate supply of safe drinking water. +(d) “Consolidated water system” means the public water system resulting from the consolidation of a public water system with another public water system, state small water system, or affected residences not served by a public water system. +(e) “Consolidation” means joining two or more public water systems, state small water systems, or affected residences not served by a public water system, into a single public water system. +(f) “Disadvantaged community” means a disadvantaged community, as defined in Section 79505.5 of the Water Code, that is in an unincorporated area, is in a mobilehome park, or is served by a mutual water company or a small public water system. +(g) “Extension of service” means the provision of service through any physical or operational infrastructure arrangement other than consolidation. +(h) “Receiving water system” means the public water system that provides service to a subsumed water system through consolidation or extension of service. +(i) “Safe drinking water” means water that meets all primary and secondary drinking water standards. +(j) “Small public water system” has the same meaning as provided in subdivision (b) of Section 116395. +(k) “Subsumed water system” means the public water system, state small water system, or affected residences not served by a public water system consolidated into or receiving service from the receiving water system. +SEC. 2. +Section 116682 of the Health and Safety Code is amended to read: +116682. +(a) Where a public water system or a state small water system, serving a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water, the state board may order consolidation with a receiving water system as provided in this section and Section 116684. The consolidation may be physical or operational. The state board may also order the extension of service to an area within a disadvantaged community that does not have access to an adequate supply of safe drinking water so long as the extension of service is an interim extension of service in preparation for consolidation. The state board may set timelines and performance measures to facilitate completion of consolidation. +(b) Before ordering consolidation or extension of service as provided in this section, the state board shall do all of the following: +(1) Encourage voluntary consolidation or extension of service. +(2) Consider other enforcement remedies specified in this article. +(3) Consult with, and fully consider input from, the relevant local agency formation commission regarding the provision of water service in the affected area, the recommendations for improving service in a municipal service review, and any other relevant information. +(4) Consult with, and fully consider input from, the Public Utilities Commission when the consolidation would involve a water corporation subject to the commission’s jurisdiction. +(5) Consult with, and fully consider input from, the local government with land use planning authority over the affected area, particularly regarding any information in the general plan required by Section 65302.10 of the Government Code. +(6) Consult with, and fully consider input from, all public water systems in the chain of distribution of the potentially receiving water systems. +(7) (A) Notify the potentially receiving water system and the potentially subsumed water system, if any, and establish a reasonable deadline of no less than six months, unless a shorter period is justified, for the potentially receiving water system and the potentially subsumed water system, if any, to negotiate consolidation or another means of providing an adequate supply of safe drinking water. +(B) During this period, the state board shall provide technical assistance and work with the potentially receiving water system and the potentially subsumed water system to develop a financing package that benefits both the receiving water system and the subsumed water system. +(C) Upon a showing of good cause, the deadline may be extended by the state board at the request of the potentially receiving water system, potentially subsumed water system, or the local agency formation commission with jurisdiction over the potentially subsumed water system. +(8) Obtain written consent from any domestic well owner for consolidation or extension of service. Any domestic well owner within the consolidation or extended service area who does not provide written consent shall be ineligible, until the consent is provided, for any future water-related grant funding from the state other than funding to mitigate a well failure, disaster, or other emergency. +(9) (A) Hold at least one public meeting at the initiation of this process in a place as close as feasible to the affected areas. The state board shall make reasonable efforts to provide a 30-day notice of the meeting to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and all affected local government agencies and drinking water service providers. The meeting shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, and the potentially receiving water system an opportunity to present testimony. The meeting shall provide an opportunity for public comment. +(B) An initial public meeting shall not be required for a potentially subsumed area that is served only by domestic wells. +(c) Upon expiration of the deadline set by the state board pursuant to paragraph (7) of subdivision (b), the state board shall do the following: +(1) Consult with the potentially receiving water system and the potentially subsumed water system, if any. +(2) (A) Conduct a public hearing, in a location as close as feasible to the affected communities. +(B) The state board shall make reasonable efforts to provide a 30-day notice of the hearing to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and to all affected local government agencies and drinking water service providers. +(C) The hearing shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, and the potentially receiving water system an opportunity to present testimony. +(D) The hearing shall provide an opportunity for public comment. +(d) Before ordering consolidation or extension of service, the state board shall find all of the following: +(1) The potentially subsumed water system has consistently failed to provide an adequate supply of safe drinking water. +(2) All reasonable efforts to negotiate consolidation or extension of service were made. +(3) Consolidation of the receiving water system and subsumed water system or extension of service is appropriate and technically and economically feasible. +(4) There is no pending local agency formation commission process that is likely to resolve the problem in a reasonable amount of time. +(5) Concerns regarding water rights and water contracts of the subsumed and receiving water systems have been adequately addressed. +(6) Consolidation or extension of service is the most effective and cost-effective means to provide an adequate supply of safe drinking water. +(7) The capacity of the proposed interconnection needed to accomplish the consolidation is limited to serving the current customers of the subsumed water system. +(e) Upon ordering consolidation or extension of service, the state board shall do all of the following: +(1) As necessary and appropriate, make funds available, upon appropriation by the Legislature, to the receiving water system for the costs of completing the consolidation or extension of service, including, but not limited to, replacing any capacity lost as a result of the consolidation or extension of service, providing additional capacity needed as a result of the consolidation or extension of service, and legal fees. Funding pursuant to this paragraph is available for the general purpose of providing financial assistance for the infrastructure needed for the consolidation or extension of service and does not need to be specific to each individual consolidation project. The state board shall provide appropriate financial assistance for the infrastructure needed for the consolidation or extension of service. The state board’s existing financial assistance guidelines and policies shall be the basis for the financial assistance. +(2) Ensure payment of standard local agency formation commission fees caused by state board-ordered consolidation or extension of service. +(3) Adequately compensate the owners of a privately owned subsumed water system for the fair market value of the system, as determined by the Public Utilities Commission or the state board. +(4) Coordinate with the appropriate local agency formation commission and other relevant local agencies to facilitate the change of organization or reorganization. +(f) (1) For the purposes of this section, the consolidated water system shall not increase charges on existing customers of the receiving water system solely as a consequence of the consolidation or extension of service unless the customers receive a corresponding benefit. +(2) For purposes of this section, fees or charges imposed on a customer of a subsumed water system shall not exceed the cost of consolidating the water system with a receiving system or the extension of service to the area. +(g) Division 3 (commencing with Section 56000) of Title 5 of the Government Code shall not apply to an action taken by the state board pursuant to this section. +SEC. 3. +Section 116686 is added to the Health and Safety Code, to read: +116686. +(a) (1) To provide affordable, safe drinking water to disadvantaged communities and to prevent fraud, waste, and abuse, the state board may do both of the following, if sufficient funding is available and if the state board finds that consolidation with another system or extension of service from another system is either not appropriate or not technically and economically feasible: +(A) (i) Contract with an administrator to provide administrative and managerial services to a designated public water system to assist the designated public water system with the provision of an adequate and affordable supply of safe drinking water. +(ii) To fulfill the requirements of this section, the state board may contract with more than one administrator, but only one administrator may be assigned to provide services to a given designated public water system. +(iii) An administrator may provide administrative and managerial services to more than one designated public water system. +(B) Order the designated public water system to accept administrative and managerial services, including full management and control, from an administrator selected by the state board. +(2) In performing its duties pursuant to paragraph (1), the state board may use criteria from the policy handbook adopted pursuant to Section 116760.43. +(b) Before the state board determines that a public water system is a designated public water system, the state board shall do both of the following: +(1) Provide the public water system with notice and an opportunity to show either of the following: +(A) That the public water system has not consistently failed to provide an adequate and affordable supply of safe drinking water. +(B) That the public water system has taken steps to timely address its failure to provide an adequate and affordable supply of safe drinking water. +(2) (A) Conduct a public meeting in a location as close as feasible to the affected community. +(B) The state board shall make reasonable efforts to provide a 30-day notice of the meeting to affected ratepayers, renters, and property owners. +(C) Representatives of the public water system, affected ratepayers, renters, and property owners shall be provided an opportunity to present testimony at the meeting. +(D) The meeting shall provide an opportunity for public comment. +(c) The state board shall make financial assistance available to an administrator for a designated public water system, as appropriate and to the extent that funding is available. +(d) An administrator may do any of the following: +(1) Expend available moneys for capital infrastructure improvements that the designated public water system needs to provide an adequate and affordable supply of safe drinking water. +(2) Set and collect user water rates and fees, subject to approval by the state board. The provisions of this section are subject to all applicable constitutional requirements, including Article XIII D of the California Constitution. +(3) Expend available moneys for operation and maintenance costs of the designated public water system. +(e) The state board shall work with the administrator of a designated public water system and the communities served by that designated public water system to develop, within the shortest feasible timeframe, adequate technical, managerial, and financial capacity to deliver safe drinking water so that the services of the administrator are no longer necessary. +(f) A designated public water system shall not be responsible for any costs associated with an administrator. +(g) Administrative and managerial contracts pursuant to this section shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and may be awarded on a noncompetitive bid basis as necessary to implement the purposes of this section. +(h) For purposes of this section, a local government, as defined in Article XIII C of the California Constitution, that sets water rates in accordance with Article XIII D of the California Constitution shall be deemed to be providing affordable water. +(i) This section does not apply to a charter city, charter county, or charter city and county. +(j) For purposes of this section, the following terms have the following meanings: +(1) “Administrator” means a person whom the state board has determined is competent to perform the administrative and managerial services of a public water system, as described in subdivision (d). In determining competency, the state board may consider demonstrated experience in managing and operating a public water system. +(2) “Designated public water system” means a public water system that serves a disadvantaged community, as defined in Section 79505.5 of the Water Code, and that the state board finds consistently fails to provide an adequate and affordable supply of safe drinking water. +SEC. 4. +Section 1.5 of this bill incorporates amendments to Section 116681 of the Health and Safety Code proposed by this bill, Assembly Bill 1611, and Senate Bill 839. It shall only become operative if (1) this bill and Assembly Bill 1611 or Senate Bill 839, or both of those bills, are enacted and become effective on or before January 1, 2017, (2) Assembly Bill 1611, Senate Bill 839, or both, as enacted, amend Section 116681 of the Health and Safety Code, and (3) this bill is enacted last of these bills that amend Section 116681 of the Health and Safety Code, in which case Section 116681 of the Health and Safety Code, as amended by Assembly Bill 1611 or Senate Bill 839, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative.","Existing law, the California Safe Drinking Water Act, provides for the operation of public water systems and imposes on the State Water Resources Control Board various responsibilities and duties. The act authorizes the state board to order consolidation with a receiving water system where a public water system, or a state small water system within a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water. The act authorizes the state board to order the extension of service to an area that does not have access to an adequate supply of safe drinking water so long as the extension of service is an interim extension of service in preparation for consolidation. Existing law, for these purposes, defines “disadvantaged community” to mean a disadvantaged community that is in an unincorporated area or is served by a mutual water company. +This bill would authorize the state board to order consolidation where a public water system or a state small water system is serving, rather than within, a disadvantaged community, and would limit the authority of the state board to order consolidation or extension of service to provide that authority only with regard to a disadvantaged community. This bill would make a community disadvantaged for these purposes if the community is in a mobilehome park, even if it is not in an unincorporated area or served by a mutual water company. +The act requires the state board, before ordering consolidation or extension of service, to take certain actions, including consulting with specified entities, to hold at least one initial public meeting, as specified, and to obtain written consent from any domestic well owner for consolidation or extension of service. The act provides that any affected resident within the consolidation or extended service area who does not provide written consent is ineligible, until consent is provided, for any future water-related grant funding from the state, except as specified. +This bill would also require the state board, before ordering consolidation or extension of service, to consult with public water systems in the chain of distribution of the potentially receiving water system. The bill would provide that an initial public meeting is not required for a potentially subsumed area that is served only by domestic wells. The bill would apply to the domestic well owner, instead of to an affected resident, within the consolidation or extended service area the written consent requirement for eligibility for water-related grant funding. +The act requires the state board, upon ordering the consolidation or extension of service, to adequately compensate the owners of a privately owned subsumed water system for the fair market value of the system as determined by the Public Utilities Commission for water corporations subject to the commission’s jurisdiction or the state board for all other systems. The act prohibits a consolidated water system from increasing charges on existing customers of the receiving water system solely as a consequence of the consolidation or extension of service unless the customer receives a corresponding benefit. +This bill would instead authorize the Public Utilities Commission or the state board to determine the fair market value of a subsumed water system, without regard to whether the system is a water corporation subject to the commission’s jurisdiction. The bill would prohibit fees or charges imposed on a customer of a subsumed water system from exceeding the cost of consolidating the water system or the cost of extension of service to the area. +The act exempts the consolidation or extension of service pursuant to these provisions from the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, which governs the procedures for the formation and change of organization of cities and special districts. +This bill would instead exempt an action taken by the state board pursuant to these provisions from the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. +This bill would authorize the state board, for the purpose of providing affordable, safe drinking water to disadvantaged communities and preventing fraud, waste, and abuse, to contract with an administrator to provide administrative and managerial services to a designated water system and to order the designated public water system to accept those services if sufficient funding is available and if the state board makes a certain finding. The bill would define designated water system as a public water system that serves a disadvantaged community and that the state board finds consistently fails to provide an adequate and affordable supply of safe drinking water. The bill would require the state board to provide a public water system with notice, as specified, and to conduct a public meeting, as specified, before determining that the public water system is a designated public water system. The bill would authorize the administrator of a designated public water system to expend available moneys for capital infrastructure improvements that the designated public water system needs to provide an adequate and affordable supply of safe drinking water, to set and collect user water rates and fees, and to expend available moneys for the operation and maintenance costs of the designated public water system. The bill would require the state board to work with the administrator of the public water system and the communities served by that designated public water system to develop, within the shortest feasible timeframe, adequate technical, managerial, and financial capacity to deliver safe drinking water so that the services of the administrator are no longer necessary. The bill would not apply these administrator provisions to a charter city, charter county, or charter city and county. +This bill would incorporate additional changes to Section 116681 of the Health and Safety Code proposed by AB 1611 and SB 839 that would become operative if this bill and one or both of those bills are enacted and this bill is chaptered last.","An act to amend Sections 116681 and 116682 of, and to add Section 116686 to, the Health and Safety Code, relating to water." +163,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10608.34 is added to the Water Code, to read: +10608.34. +(a) (1) On or before January 1, 2017, the department shall adopt rules for all of the following: +(A) The conduct of standardized water loss audits by urban retail water suppliers in accordance with the method adopted by the American Water Works Association in the third edition of Water Audits and Loss Control Programs, Manual M36 and in the Free Water Audit Software, version 5.0. +(B) The process for validating a water loss audit report prior to submitting the report to the department. For the purposes of this section, “validating” is a process whereby an urban retail water supplier uses a technical expert to confirm the basis of all data entries in the urban retail water supplier’s water loss audit report and to appropriately characterize the quality of the reported data. The validation process shall follow the principles and terminology laid out by the American Water Works Association in the third edition of Water Audits and Loss Control Programs, Manual M36 and in the Free Water Audit Software, version 5.0. A validated water loss audit report shall include the name and technical qualifications of the person engaged for validation. +(C) The technical qualifications required of a person to engage in validation, as described in subparagraph (B). +(D) The certification requirements for a person selected by an urban retail water supplier to provide validation of its own water loss audit report. +(E) The method of submitting a water loss audit report to the department. +(2) The department shall update rules adopted pursuant to paragraph (1) no later than six months after the release of subsequent editions of the American Water Works Association’s Water Audits and Loss Control Programs, Manual M36. Except as provided by the department, until the department adopts updated rules pursuant to this paragraph, an urban retail water supplier may rely upon a subsequent edition of the American Water Works Association’s Water Audits and Loss Control Programs, Manual M36 or the Free Water Audit Software. +(b) On or before October 1, 2017, and on or before October 1 of each year thereafter, each urban retail water supplier shall submit a completed and validated water loss audit report for the previous calendar year or the previous fiscal year as prescribed by the department pursuant to subdivision (a). Water loss audit reports submitted on or before October 1, 2017, may be completed and validated with assistance as described in subdivision (c). +(c) Using funds available for the 2016–17 fiscal year, the board shall contribute up to four hundred thousand dollars ($400,000) towards procuring water loss audit report validation assistance for urban retail water suppliers. +(d) Each water loss audit report submitted to the department shall be accompanied by information, in a form specified by the department, identifying steps taken in the preceding year to increase the validity of data entered into the final audit, reduce the volume of apparent losses, and reduce the volume of real losses. +(e) At least one of the following employees of an urban retail water supplier shall attest to each water loss audit report submitted to the department: +(1) The chief financial officer. +(2) The chief engineer. +(3) The general manager. +(f) The department shall deem incomplete and return to the urban retail water supplier any final water loss audit report found by the department to be incomplete, not validated, unattested, or incongruent with known characteristics of water system operations. A water supplier shall resubmit a completed water loss audit report within 90 days of an audit being returned by the department. +(g) The department shall post all validated water loss audit reports on its Internet Web site in a manner that allows for comparisons across water suppliers. The department shall make the validated water loss audit reports available for public viewing in a timely manner after their receipt. +(h) Using available funds, the department shall provide technical assistance to guide urban retail water suppliers’ water loss detection programs, including, but not limited to, metering techniques, pressure management techniques, condition-based assessment techniques for transmission and distribution pipelines, and utilization of portable and permanent water loss detection devices. +(i) No earlier than January 1, 2019, and no later than July 1, 2020, the board shall adopt rules requiring urban retail water suppliers to meet performance standards for the volume of water losses. In adopting these rules, the board shall employ full life cycle cost accounting to evaluate the costs of meeting the performance standards. The board may consider establishing a minimum allowable water loss threshold that, if reached and maintained by an urban water supplier, would exempt the urban water supplier from further water loss reduction requirements.","Existing law requires the state to achieve a 20% reduction in urban per capita water use in California by December 31, 2020, and requires the state to make incremental progress towards this goal by reducing per capita water use by at least 10% on or before December 31, 2015. Existing law requires each urban retail water supplier to develop urban water use targets and an interim urban water use target, in accordance with specified requirements. +This bill would require each urban retail water supplier, on or before October 1, 2017, and on or before October 1 of each year thereafter, to submit a completed and validated water loss audit report for the previous calendar year or previous fiscal year as prescribed by rules adopted by the Department of Water Resources on or before January 1, 2017, and updated as provided. The bill would require the department to post all validated water loss audit reports on its Internet Web site in a manner that allows for comparisons across water suppliers and to make these reports available for public viewing. This bill would require the department to provide technical assistance to guide urban retail water suppliers’ water loss detection programs. The bill would require the State Water Resources Control Board, no earlier than January 1, 2019, and no later than July 1, 2020, to adopt rules requiring urban retail water suppliers to meet performance standards for the volume of water losses. This bill would require the board to contribute up to $400,000 using funds available for the 2016–17 fiscal year towards procuring water loss audit report validation assistance for urban retail water suppliers.","An act to add Section 10608.34 to the Water Code, relating to water." +164,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25503.6 of the Business and Professions Code is amended to read: +25503.6. +(a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to all of the following conditions: +(1) The on-sale licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or the major tenant of the owner of any of the following: +(A) An outdoor stadium or a fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in Sacramento County or Alameda County. +(B) A fully enclosed arena with a fixed seating capacity in excess of 18,000 seats located in Orange County or Los Angeles County. +(C) An outdoor stadium or fully enclosed arena with a fixed seating capacity in excess of 8,500 seats located in Kern County. +(D) An exposition park of not less than 50 acres that includes an outdoor stadium with a fixed seating capacity in excess of 8,000 seats and a fully enclosed arena with an attendance capacity in excess of 4,500 people, located in San Bernardino County. +(E) An outdoor stadium with a fixed seating capacity in excess of 10,000 seats located in Yolo County. +(F) An outdoor stadium and a fully enclosed arena with fixed seating capacities in excess of 10,000 seats located in Fresno County. +(G) An athletic and entertainment complex of not less than 50 acres that includes within its boundaries an outdoor stadium with a fixed seating capacity of at least 8,000 seats and a second outdoor stadium with a fixed seating capacity of at least 3,500 seats located in Riverside County. +(H) An outdoor stadium with a fixed seating capacity in excess of 1,500 seats located in Tulare County. +(I) A motorsports entertainment complex of not less than 50 acres that includes within its boundaries an outdoor speedway with a fixed seating capacity of at least 50,000 seats, located in San Bernardino County. +(J) An exposition park, owned or operated by a bona fide nonprofit organization, of not less than 400 acres with facilities including a grandstand with a seating capacity of at least 8,000 people, at least one exhibition hall greater than 100,000 square feet, and at least four exhibition halls, each greater than 30,000 square feet, located in the City of Pomona or the City of La Verne in Los Angeles County. +(K) An outdoor soccer stadium with a fixed seating capacity of at least 25,000 seats, an outdoor tennis stadium with a fixed capacity of at least 7,000 seats, an outdoor track and field facility with a fixed seating capacity of at least 7,000 seats, and an indoor velodrome with a fixed seating capacity of at least 2,000 seats, all located within a sports and athletic complex built before January 1, 2005, in the City of Carson in Los Angeles County. +(L) An outdoor professional sports facility with a fixed seating capacity of at least 4,200 seats located in San Joaquin County. +(M) A fully enclosed arena with a fixed seating capacity in excess of 13,000 seats in the City of Inglewood. +(N) (i) An outdoor stadium with a fixed seating capacity of at least 68,000 seats located in the City of Santa Clara. +(ii) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, a major tenant of an outdoor stadium described in clause (i), provided the major tenant does not hold a retail license, and the advertising may include the placement of advertising in an on-sale licensed premises operated at the outdoor stadium. +(O) A fairgrounds with a horse racetrack and equestrian and sports facilities located in San Diego County. +(2) The outdoor stadium or fully enclosed arena described in paragraph (1) is not owned by a community college district. +(3) The advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned by the on-sale licensee. With respect to an exposition park as described in subparagraph (J) of paragraph (1) that includes at least one hotel, the advertising space or time shall not be displayed on or in any hotel located in the exposition park, or purchased in connection with the operation of any hotel located in the exposition park. +(4) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced by the winegrower, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits rectifier, the distilled spirits manufacturer or the distilled spirits manufacturer’s agent that purchased the advertising space or time. +(b) Any purchase of advertising space or time pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent and the on-sale licensee, or with respect to clause (ii) of subparagraph (N) of paragraph (1) of subdivision (a), the major tenant of the outdoor stadium. +(c) Any beer manufacturer or holder of a winegrower’s license, any distilled spirits rectifier, any distilled spirits manufacturer, or any distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill all or part of those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space, time, or costs involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. +(d) Any on-sale retail licensee, as described in subdivision (a), who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, a holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space or time pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. +(e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. +SEC. 1.5. +Section 25503.6 of the Business and Professions Code is amended to read: +25503.6. +(a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to all of the following conditions: +(1) The on-sale licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or the major tenant of the owner of any of the following: +(A) An outdoor stadium or a fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in Sacramento County or Alameda County. +(B) A fully enclosed arena with a fixed seating capacity in excess of 18,000 seats located in Orange County or Los Angeles County. +(C) An outdoor stadium or fully enclosed arena with a fixed seating capacity in excess of 8,500 seats located in Kern County. +(D) An exposition park of not less than 50 acres that includes an outdoor stadium with a fixed seating capacity in excess of 8,000 seats and a fully enclosed arena with an attendance capacity in excess of 4,500 people, located in San Bernardino County. +(E) An outdoor stadium with a fixed seating capacity in excess of 10,000 seats located in Yolo County. +(F) An outdoor stadium and a fully enclosed arena with fixed seating capacities in excess of 10,000 seats located in Fresno County. +(G) An athletic and entertainment complex of not less than 50 acres that includes within its boundaries an outdoor stadium with a fixed seating capacity of at least 8,000 seats and a second outdoor stadium with a fixed seating capacity of at least 3,500 seats located in Riverside County. +(H) An outdoor stadium with a fixed seating capacity in excess of 1,500 seats located in Tulare County. +(I) A motorsports entertainment complex of not less than 50 acres that includes within its boundaries an outdoor speedway with a fixed seating capacity of at least 50,000 seats, located in San Bernardino County. +(J) An exposition park, owned or operated by a bona fide nonprofit organization, of not less than 400 acres with facilities including a grandstand with a seating capacity of at least 8,000 people, at least one exhibition hall greater than 100,000 square feet, and at least four exhibition halls, each greater than 30,000 square feet, located in the City of Pomona or the City of La Verne in Los Angeles County. +(K) An outdoor soccer stadium with a fixed seating capacity of at least 25,000 seats, an outdoor tennis stadium with a fixed capacity of at least 7,000 seats, an outdoor track and field facility with a fixed seating capacity of at least 7,000 seats, and an indoor velodrome with a fixed seating capacity of at least 2,000 seats, all located within a sports and athletic complex built before January 1, 2005, in the City of Carson in Los Angeles County. +(L) An outdoor professional sports facility with a fixed seating capacity of at least 4,200 seats located in San Joaquin County. +(M) A fully enclosed arena with a fixed seating capacity in excess of 13,000 seats in the City of Inglewood. +(N) (i) An outdoor stadium with a fixed seating capacity of at least 68,000 seats located in the City of Santa Clara. +(ii) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, a major tenant of an outdoor stadium described in clause (i), provided the major tenant does not hold a retail license, and the advertising may include the placement of advertising in an on-sale licensed premises operated at the outdoor stadium. +(O) A complex of not more than 50 acres located on the campus of, and owned by, Sonoma State University dedicated to presenting live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances with venues that include a concert hall with a seating capacity of approximately 1,500 seats, a second concert hall with a seating capacity of up to 300 seats, an outdoor area with a seating capacity of up to 5,000 seats, and a further outdoor area with a seating capacity of up to 10,000 seats. With respect to this complex, advertising space and time may also be purchased from or on behalf of the owner of the complex, a long-term tenant or licensee of the venue, whether or not the owner, long-term tenant, or licensee holds an on-sale license. +(P) A fairgrounds with a horse racetrack and equestrian and sports facilities located in San Diego County. +(2) The outdoor stadium or fully enclosed arena described in paragraph (1) is not owned by a community college district. +(3) The advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned by the on-sale licensee. With respect to an exposition park as described in subparagraph (J) of paragraph (1) that includes at least one hotel, the advertising space or time shall not be displayed on or in any hotel located in the exposition park, or purchased in connection with the operation of any hotel located in the exposition park. With respect to the complex described in subparagraph (O) of paragraph (1), the advertising space or time shall be purchased only in connection with live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances to be held on the premises of the complex. +(4) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced by the winegrower, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent that purchased the advertising space or time. +(b) Any purchase of advertising space or time pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent and any of the following: +(1) The on-sale licensee. +(2) With respect to clause (ii) of subparagraph (N) of paragraph (1) of subdivision (a), the major tenant of the outdoor stadium. +(3) With respect to subparagraph (O) of paragraph (1) of subdivision (a), the owner, a long-term tenant of the complex, or licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license. +(c) Any beer manufacturer or holder of a winegrower’s license, any distilled spirits rectifier, any distilled spirits manufacturer, or any distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill all or part of those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space, time, or costs involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. +(d) Any on-sale retail licensee, as described in subdivision (a), who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, a holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space or time pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. +(e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. +(f) The Legislature finds that it is necessary and proper to require a separation among manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition and intends that this section be construed accordingly. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique conditions located in the County of San Diego. +SEC. 3. +Section 1.5 of this bill incorporates amendments to Section 25503.6 of the Business and Professions Code proposed by this bill and Senate Bill 462. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 25503.6 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 462, in which case Section 25503.6 of the Business and Professions Code, as amended by Senate Bill 462, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes the holder of a winegrower’s license, a beer manufacturer, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent, to purchase advertising space and time from, or on behalf of, an on-sale retail licensee, under certain conditions, if the on-sale retail licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or major tenant of specified facilities. +This bill would expand the exceptions to existing law to allow beer manufacturers, winegrowers, distilled spirits rectifiers, distilled spirits manufacturers, or distilled spirits manufacturer’s agents to purchase advertising space and time from, or on behalf of, on-sale retail licensees at a fairgrounds with a horse racetrack and equestrian and sports facilities located in the County of San Diego. +By creating new crimes this bill would impose a state-mandated local program. +This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego. +This bill would incorporate changes to Section 25503.6 of the Business and Professions Code proposed by both this bill and SB 462, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 25503.6 of the Business and Professions Code, relating to alcoholic beverages." +165,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 30 of the Business and Professions Code is amended to read: +30. +(a) (1) Notwithstanding any other law, any board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicant’s social security number for all other applicants. +(2) No later than January 1, 2016, in accordance with Section 135.5, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for purposes of this subdivision. +(b) A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code. +(c) In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application. +(d) A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee: +(1) Name. +(2) Address or addresses of record. +(3) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees. +(4) Type of license. +(5) Effective date of license or a renewal. +(6) Expiration date of license. +(7) Whether license is active or inactive, if known. +(8) Whether license is new or a renewal. +(e) For the purposes of this section: +(1) “Licensee” means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. +(2) “License” includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. +(3) “Licensing board” means any board, as defined in Section 22, the State Bar, and the Bureau of Real Estate. +(f) The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable. +(g) Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require. +(h) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection. +(i) A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided in this section to the Franchise Tax Board or the Employment Development Department or as provided in subdivision (k). +(j) It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws and for purposes of compliance with Section 17520 of the Family Code and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes. +(k) If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status. +(l) For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, “licensee” means an entity that is issued a license by any board, as defined in Section 22, the State Bar, the Bureau of Real Estate, and the Department of Motor Vehicles. +SEC. 2. +Section 7011.4 of the Business and Professions Code is amended to read: +7011.4. +(a) Notwithstanding Section 7011, there is in the Contractors’ State License Board, a separate enforcement division that shall rigorously enforce this chapter prohibiting all forms of unlicensed activity and shall enforce the obligation to secure the payment of valid and current workers’ compensation insurance in accordance with Section 3700.5 of the Labor Code. +(b) Persons employed as enforcement representatives of the Contractors’ State License Board and designated by the Director of Consumer Affairs shall have the authority to issue a written notice to appear in court pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. An employee so designated is not a peace officer and is not entitled to safety member retirement benefits as a result of that designation. He or she does not have the power of arrest. +(c) When participating in the activities of the Joint Enforcement Strike Force on the Underground Economy pursuant to Section 329 of the Unemployment Insurance Code, the enforcement division shall have free access to all places of labor. +SEC. 3. +Section 7125.4 of the Business and Professions Code is amended to read: +7125.4. +(a) The filing of the exemption certificate prescribed by this article that is false, or the employment of a person subject to coverage under the workers’ compensation laws after the filing of an exemption certificate without first filing a Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance in accordance with the provisions of this article, or the employment of a person subject to coverage under the workers’ compensation laws without maintaining coverage for that person, constitutes cause for disciplinary action. +(b) Any qualifier for a license who, under Section 7068.1, is responsible for assuring that a licensee complies with the provisions of this chapter is also guilty of a misdemeanor for committing or failing to prevent the commission of any of the acts that are cause for disciplinary action under this section.","(1) Existing law provides for the licensure and regulation of various professions and vocations and creates boards, commissions, and bureaus, among other entities, in the Department of Consumer Affairs to this end. The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California. Existing law requires a licensing board, as defined, including the State Bar, to provide specified personal information regarding licensees to the Franchise Tax Board in a prescribed form and at a time the Franchise Tax Board may require. Existing law creates within the Labor and Workforce Development Agency the Employment Development Department, which administers the unemployment compensation program. +This bill would additionally require a licensing board to submit personal information regarding licensees, described above, to the Employment Development Department. +(2) The Contractors’ State License Law provides for the licensure and regulation of contractors by the Contractors’ State License Board within the Department of Consumer Affairs. The act establishes an enforcement division within the board that is required to enforce prohibitions against all forms of unlicensed activity, as specified. +This bill would authorize the enforcement division to additionally enforce the obligation to secure the payment of valid and current workers’ compensation insurance, as specified.","An act to amend Sections 30, 7011.4, and 7125.4 of the Business and Professions Code, relating to professions and vocations." +166,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The City of Long Beach has experienced an increasing demand to fund infrastructure repairs, replacements, and new improvements. +(b) The existing civic center is nearing the end of its useful life and contains significant seismic deficiencies that the City of Long Beach seeks to address as soon as feasibly possible to ensure the public’s health and safety. +(c) The City of Long Beach City Council seeks to address public health and safety in the earliest possible timeframe and understands that the development of a new Long Beach Civic Center using the public-private partnership procurement process presents the most expedient route to protecting the safety of its employees in and visitors to the civic center. +(d) The public-private partnership procurement process has demonstrated precedence for the expedient, efficient, and economical delivery of projects, through the delivery of the Governor George Deukmejian Courthouse in the City of Long Beach, which was completed under budget and ahead of schedule. +(e) The ability to utilize private sector investment capital is essential to the timely development of a cost-effective and long-lasting Long Beach Civic Center. +(f) A public-private partnership procurement method provides the City of Long Beach with an alternative and optional procedure for developing a new civic center that can provide a cost-effective benefit to the City of Long Beach by shifting the liability and risk for cost containment, project completion, and life-cycle maintenance to a private entity. +SEC. 2. +Chapter 15 (commencing with Section 5975) is added to Division 6 of Title 1 of the Government Code, to read: +CHAPTER 15. Long Beach Civic Center +5975. +As used in this chapter: +(a) “Best interests of the city” means a procurement process that is determined by the city to provide the best value and an expedited delivery schedule while maintaining a high level of quality workmanship and materials. +(b) “Best value” means a value determined by objective criteria that shall include a combination of price, financing costs, features, functions, performance, life-cycle maintenance costs and abatement offsets, and development experience. +(c) “Business entity” means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, engineering, financial, operations, management, facilities maintenance, and other services for development of a new Long Beach Civic Center. +(d) “City” means the City of Long Beach and its departments, including the City of Long Beach Harbor Department. +(e) “Long Beach Civic Center” means the area bounded by Broadway, Pacific Avenue, Ocean Boulevard, and Magnolia Avenue, containing approximately 14.98 acres, and the parcel on the south side of 3rd Street between Pacific Avenue and Cedar Avenue, containing approximately 0.89 acres. +(f) “Private entity” means an individual, business entity, or combination of individuals and business entities. +(g) “Private portion of the project” means those parcels of land within the Long Beach Civic Center to be conveyed to a private entity and developed as residential, retail, hospitality, institutional, or industrial facilities. +(h) “Project” means the revitalization and redevelopment of the Long Beach Civic Center with a new city hall, port headquarters, public library, and public park, and residential, retail, hospitality, institutional, and industrial facilities. +(i) “Public portion of the project” means those parcels of land within the Long Beach Civic Center to be developed as a city hall, port headquarters, public park, public library, or other government facilities. +(j) “Public-private partnership” means a cooperative arrangement between the public and private sectors, built on the expertise of each partner, that best meets the city’s needs through the appropriate allocation of resources, risks, and rewards for the purposes of, and, including, but not limited to, studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project. +5976. +(a) The city may contract and procure the project pursuant to this chapter. +(b) The city shall evaluate the project proposals it solicits and receives and choose the private entity or entities whose proposal is, or proposals are, judged as providing the best value in meeting the best interests of the city. The city may enter into a public-private partnership through a concession agreement, design-build agreement, design-build-finance agreement, project agreement, lease-leaseback, or other appropriate agreements combining one or more major elements of the foregoing agreements, with one or more private entities for delivery of the project. The city shall retain the right to terminate the project prior to project award should the city determine that the project is not in the best interests of the city or should the negotiations with the private entity or entities otherwise fail. +(c) The contract award for the project shall be made to the private entity or entities whose proposal or proposals are determined by the city, in writing, to be the most advantageous by providing the best value in meeting the best interests of the city. +(d) The negotiation process shall specifically prohibit practices that may result in unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit city employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this chapter that would subject those employees to the prohibition of Section 87100. +(e) All documents related to the project shall be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7), except those exempted from disclosure under that act. +5977. +(a) The project is subject to compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). Neither the act of selecting a private entity, nor the execution of an agreement with the private entity, shall require prior compliance with the act. However, appropriate compliance with the act shall thereafter occur before project construction commences. +(b) The public portion of the project, at all times, shall be owned by the city, unless the city, in its discretion, elects to provide for ownership of the project by the private entity through a separate lease agreement. Notwithstanding Section 5956.6 or any other provision of this code, the agreement shall provide for the lease of all or a portion of the project to, or ownership by, the private entity or entities, for a term up to 50 years. In consideration therefor, the agreement shall provide for complete reversion of the public portion of the project to the city at the expiration of the lease or transfer term. +(c) The private portion of the project shall not be financed or developed by the public-private partnership or otherwise using public or tax-exempt financing. +(d) The plans and specifications for the project shall comply with all applicable governmental design standards for that particular infrastructure project. The private entity studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project shall utilize private sector firms for studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project. However, a facility subject to this chapter and leased to a private entity, during the term of the lease, shall be deemed to be public property for purposes of identification, maintenance, enforcement of laws, and for purposes of Division 3.6 (commencing with Section 810). All public works constructed pursuant to this chapter shall comply with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. +(e) This chapter shall not be construed to authorize the city to use tidelands trust revenues that are subject to Section 6306 of the Public Resources Code or any other applicable granting statute for general municipal purposes or any other purpose unconnected with the public trust. +5978. +The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. +5979. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique and special circumstances surrounding the existing Long Beach Civic Center, and the need to immediately, quickly, and efficiently develop the project, and to resolve property issues potentially delaying the project.","The Local Agency Public Construction Act prescribes procedures for contracting by local public agencies, including specific provisions for cities. +Existing law permits a governmental agency to solicit proposals and enter into agreements with private entities for the design, construction, or reconstruction by, and may lease to, private entities, for specified types of fee-producing infrastructure projects. Existing law permits these agreements to provide for the lease of, or ownership of, infrastructure facilities owned by a governmental entity, but constructed by a private entity, to that private entity for a period of up to 35 years. +This bill, notwithstanding the act and any other law, would authorize the City of Long Beach to contract and procure a project for the revitalization and redevelopment of the Long Beach Civic Center, as defined, in accordance with prescribed procedures for proposal evaluation and contract award. The bill would authorize the lease of all or a portion of the project to, or ownership by, a private entity or entities, for a term of up to 50 years. The bill would make a statement that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique and special circumstances surrounding the existing Long Beach Civic Center, and the need to immediately, quickly, and efficiently develop the project, and to resolve property issues potentially delaying the project.","An act to add Chapter 15 (commencing with Section 5975) to Division 6 of Title 1 of the Government Code, relating to infrastructure financing." +167,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4610 of the Labor Code is amended to read: +4610. +(a) For purposes of this section, “utilization review” means utilization review or utilization management functions that prospectively, retrospectively, or concurrently review and approve, modify, delay, or deny, based in whole or in part on medical necessity to cure and relieve, treatment recommendations by physicians, as defined in Section 3209.3, prior to, retrospectively, or concurrent with the provision of medical treatment services pursuant to Section 4600. +(b) Every employer shall establish a utilization review process in compliance with this section, either directly or through its insurer or an entity with which an employer or insurer contracts for these services. +(c) Each utilization review process shall be governed by written policies and procedures. These policies and procedures shall ensure that decisions based on the medical necessity to cure and relieve of proposed medical treatment services are consistent with the schedule for medical treatment utilization adopted pursuant to Section 5307.27. These policies and procedures, and a description of the utilization process, shall be filed with the administrative director and shall be disclosed by the employer to employees, physicians, and the public upon request. +(d) If an employer, insurer, or other entity subject to this section requests medical information from a physician in order to determine whether to approve, modify, delay, or deny requests for authorization, the employer shall request only the information reasonably necessary to make the determination. The employer, insurer, or other entity shall employ or designate a medical director who holds an unrestricted license to practice medicine in this state issued pursuant to Section 2050 or 2450 of the Business and Professions Code. The medical director shall ensure that the process by which the employer or other entity reviews and approves, modifies, delays, or denies requests by physicians prior to, retrospectively, or concurrent with the provision of medical treatment services, complies with the requirements of this section. Nothing in this section shall be construed as restricting the existing authority of the Medical Board of California. +(e) (1) No person other than a licensed physician who is competent to evaluate the specific clinical issues involved in the medical treatment services, and where these services are within the scope of the physician’s practice, requested by the physician may modify, delay, or deny requests for authorization of medical treatment for reasons of medical necessity to cure and relieve. +(2) (A) The employer, or any entity conducting utilization review on behalf of the employer, shall neither offer nor provide any financial incentive or consideration to a physician based on the number of modifications, delays, or denials made by the physician under this section. +(B) An insurer or third-party administrator shall not refer utilization review services conducted on behalf of an employer under this section to an entity in which the insurer or third-party administrator has a financial interest as defined under Section 139.32. This prohibition does not apply if the insurer or third-party administrator provides the employer with prior written disclosure of both of the following: +(i) The entity conducting the utilization review services. +(ii) The insurer or third-party administrator’s financial interest in the entity. +(3) The administrative director has authority pursuant to this section to review any compensation agreement, payment schedule, or contract between the employer, or any entity conducting utilization review on behalf of the employer, and the utilization review physician. Any information disclosed to the administrative director pursuant to this paragraph shall be considered confidential information and not subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government +Code) unless the division can demonstrate that the information was in the public domain at the time it was disclosed or has entered the public domain through no fault of the division. +Code). +Disclosure of the information to the administrative director pursuant to this subdivision shall not waive the provisions of the Evidence Code relating to privilege. +(f) The criteria or guidelines used in the utilization review process to determine whether to approve, modify, delay, or deny medical treatment services shall be all of the following: +(1) Developed with involvement from actively practicing physicians. +(2) Consistent with the schedule for medical treatment utilization adopted pursuant to Section 5307.27. +(3) Evaluated at least annually, and updated if necessary. +(4) Disclosed to the physician and the employee, if used as the basis of a decision to modify, delay, or deny services in a specified case under review. +(5) Available to the public upon request. An employer shall only be required to disclose the criteria or guidelines for the specific procedures or conditions requested. An employer may charge members of the public reasonable copying and postage expenses related to disclosing criteria or guidelines pursuant to this paragraph. Criteria or guidelines may also be made available through electronic means. No charge shall be required for an employee whose physician’s request for medical treatment services is under review. +(g) In determining whether to approve, modify, delay, or deny requests by physicians prior to, retrospectively, or concurrent with the provisions of medical treatment services to employees all of the following requirements shall be met: +(1) Prospective or concurrent decisions shall be made in a timely fashion that is appropriate for the nature of the employee’s condition, not to exceed five working days from the receipt of the information reasonably necessary to make the determination, but in no event more than 14 days from the date of the medical treatment recommendation by the physician. In cases where the review is retrospective, a decision resulting in denial of all or part of the medical treatment service shall be communicated to the individual who received services, or to the individual’s designee, within 30 days of receipt of information that is reasonably necessary to make this determination. If payment for a medical treatment service is made within the time prescribed by Section 4603.2, a retrospective decision to approve the service need not otherwise be communicated. +(2) When the employee’s condition is such that the employee faces an imminent and serious threat to his or her health, including, but not limited to, the potential loss of life, limb, or other major bodily function, or the normal timeframe for the decisionmaking process, as described in paragraph (1), would be detrimental to the employee’s life or health or could jeopardize the employee’s ability to regain maximum function, decisions to approve, modify, delay, or deny requests by physicians prior to, or concurrent with, the provision of medical treatment services to employees shall be made in a timely fashion that is appropriate for the nature of the employee’s condition, but not to exceed 72 hours after the receipt of the information reasonably necessary to make the determination. +(3) (A) Decisions to approve, modify, delay, or deny requests by physicians for authorization prior to, or concurrent with, the provision of medical treatment services to employees shall be communicated to the requesting physician within 24 hours of the decision. Decisions resulting in modification, delay, or denial of all or part of the requested health care service shall be communicated to physicians initially by telephone or facsimile, and to the physician and employee in writing within 24 hours for concurrent review, or within two business days of the decision for prospective review, as prescribed by the administrative director. If the request is not approved in full, disputes shall be resolved in accordance with Section 4610.5, if applicable, or otherwise in accordance with Section 4062. +(B) In the case of concurrent review, medical care shall not be discontinued until the employee’s physician has been notified of the decision and a care plan has been agreed upon by the physician that is appropriate for the medical needs of the employee. Medical care provided during a concurrent review shall be care that is medically necessary to cure and relieve, and an insurer or self-insured employer shall only be liable for those services determined medically necessary to cure and relieve. If the insurer or self-insured employer disputes whether or not one or more services offered concurrently with a utilization review were medically necessary to cure and relieve, the dispute shall be resolved pursuant to Section 4610.5, if applicable, or otherwise pursuant to Section 4062. Any compromise between the parties that an insurer or self-insured employer believes may result in payment for services that were not medically necessary to cure and relieve shall be reported by the insurer or the self-insured employer to the licensing board of the provider or providers who received the payments, in a manner set forth by the respective board and in such a way as to minimize reporting costs both to the board and to the insurer or self-insured employer, for evaluation as to possible violations of the statutes governing appropriate professional practices. No fees shall be levied upon insurers or self-insured employers making reports required by this section. +(4) Communications regarding decisions to approve requests by physicians shall specify the specific medical treatment service approved. Responses regarding decisions to modify, delay, or deny medical treatment services requested by physicians shall include a clear and concise explanation of the reasons for the employer’s decision, a description of the criteria or guidelines used, and the clinical reasons for the decisions regarding medical necessity. If a utilization review decision to deny or delay a medical service is due to incomplete or insufficient information, the decision shall specify the reason for the decision and specify the information that is needed. +(5) If the employer, insurer, or other entity cannot make a decision within the timeframes specified in paragraph (1) or (2) because the employer or other entity is not in receipt of all of the information reasonably necessary and requested, because the employer requires consultation by an expert reviewer, or because the employer has asked that an additional examination or test be performed upon the employee that is reasonable and consistent with good medical practice, the employer shall immediately notify the physician and the employee, in writing, that the employer cannot make a decision within the required timeframe, and specify the information requested but not received, the expert reviewer to be consulted, or the additional examinations or tests required. The employer shall also notify the physician and employee of the anticipated date on which a decision may be rendered. Upon receipt of all information reasonably necessary and requested by the employer, the employer shall approve, modify, or deny the request for authorization within the timeframes specified in paragraph (1) or (2). +(6) A utilization review decision to modify, delay, or deny a treatment recommendation shall remain effective for 12 months from the date of the decision without further action by the employer with regard to any further recommendation by the same physician for the same treatment unless the further recommendation is supported by a documented change in the facts material to the basis of the utilization review decision. +(7) Utilization review of a treatment recommendation shall not be required while the employer is disputing liability for injury or treatment of the condition for which treatment is recommended pursuant to Section 4062. +(8) If utilization review is deferred pursuant to paragraph (7), and it is finally determined that the employer is liable for treatment of the condition for which treatment is recommended, the time for the employer to conduct retrospective utilization review in accordance with paragraph (1) shall begin on the date the determination of the employer’s liability becomes final, and the time for the employer to conduct prospective utilization review shall commence from the date of the employer’s receipt of a treatment recommendation after the determination of the employer’s liability. +(h) Every employer, insurer, or other entity subject to this section shall maintain telephone access for physicians to request authorization for health care services. +(i) If the administrative director determines that the employer, insurer, or other entity subject to this section has failed to meet any of the timeframes in this section, or has failed to meet any other requirement of this section, the administrative director may assess, by order, administrative penalties for each failure. A proceeding for the issuance of an order assessing administrative penalties shall be subject to appropriate notice to, and an opportunity for a hearing with regard to, the person affected. The administrative penalties shall not be deemed to be an exclusive remedy for the administrative director. These penalties shall be deposited in the Workers’ Compensation Administration Revolving Fund. +SEC. 2. +The Legislature finds and declares that Section 1 of this act, which amends Section 4610 of the Labor Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +The limitations on the people’s rights of access set forth in this act are necessary to protect the privacy and integrity of information submitted to the Administrative Director of the Division of Workers’ Compensation pursuant to paragraph (3) of subdivision (e) of Section 4610 of the Labor Code.","Existing law requires every employer, for purposes of workers’ compensation, to establish a utilization review process to prospectively, retrospectively, or concurrently review requests by physicians for authorization to provide recommended medical treatment to injured employees. Existing law establishes timeframes for an employer to make a determination regarding a physician’s request. Existing law requires the utilization review process to be governed by written policies and procedures, and requires that these policies and procedures be filed with the Administrative Director of the Division of Workers’ Compensation and disclosed by the employer to employees, physicians, and the public upon request. +This bill would prohibit the employer, or any entity conducting utilization review on behalf of the employer, from offering or providing any financial incentive or consideration to a physician based on the number of modifications, delays, or denials made by the physician. The bill would authorize the administrative director to review any compensation agreement, payment schedule, or contract between the employer, or any entity conducting utilization review on behalf of the employer, and the utilization review physician. The bill would make any information disclosed to the administrative director confidential and not subject to public disclosure, except as specified. +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to amend Section 4610 of the Labor Code, relating to workers’ compensation." +168,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 7.7 (commencing with Section 11795) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: +CHAPTER 7.7. Statewide Open Data Portal +11795. +For purposes of this chapter, the following terms have the following meanings: +(a) “Agency” means, but is not limited to, a state agency, authority, board, bureau, commission, council, department, division, or office. +(b) “Data set” means any information comprising a collection of information held in electronic form where all or most of the information in the collection has been obtained or recorded for the purpose of providing an agency with information in connection with the provision of a service by the agency or the carrying out of any other function of the agency, is factual information that is not the product of analysis or interpretation other than calculation, and remains presented in a way that has not been organized, adapted, or otherwise materially altered since it was obtained or recorded. +(c) “Inventory” means a summary listing of all available data sets within an agency. The listing shall include, but is not limited to, a descriptive title of the data set as well as a brief informative description of what information may be found within the data set. +(d) “Open data roadmap” means a strategic plan describing the process by which 100 percent of the data held by an agency will be made publicly available, subject to any state or federal law or regulation relating to privacy. The roadmap shall include, but is not limited to, an agency’s data inventory, a proposed timeline for the release of data sets on a statewide or agency basis, and a methodology for compliance with any state or federal law or regulation relating to privacy. +(e) “Statewide open data portal” means a centralized data Internet Web site, with the ability to display and export data published from +state +agencies. For purposes of this chapter, data.ca.gov may be utilized as the statewide open data portal. +11795.1. +(a) There is in state government an executive officer known as the Chief Data Officer, who shall report to the Secretary of Government Operations. +(b) On or before June 1, 2016, a Chief Data Officer shall be appointed by the Governor, subject to Senate confirmation. +(c) (1) On or before October 1, 2016, the Chief Data Officer shall create an inventory of all available data in this state. +(2) (A) On or before January 1, 2017, the Chief Data Officer shall, in cooperation with the Department of Technology, create a statewide open data portal that is accessible to the public. The Chief Data Officer may elect to utilize data.ca.gov to satisfy the requirements of this section. +(B) The Chief Data Officer shall publish a listing of all data that may be provided to the public, subject to any state or federal privacy laws or regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg). +(C) The Chief Data Officer shall, after each agency assesses its data inventory, create a statewide open data roadmap and shall publish the open data roadmap on the statewide open data portal. +(D) On or before June 1, 2017, the Chief Data Officer shall ensure that at least 150 data sets have been published on the statewide open data portal. +(E) The statewide open data portal shall include a link to the Internet Web site of any agency that publishes its data on that site pursuant to subparagraph (B) of paragraph (3) of subdivision (f), including a link to any existing open data Internet Web site, including, but not limited to, https://bythenumbers.sco.ca.gov/ and https://chhs.data.ca.gov/. +(F) The Chief Data Officer shall make the statewide open data portal available to any city, county, city and county, district, or other local agency interested in using the statewide open data portal to publish its own data. Any data published by a city, county, city and county, district, or other local agency shall comply with all state or federal privacy laws or regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg). +(3) Notwithstanding Section 10231.5, on or before January 1, 2018, and each year thereafter, the Chief Data Officer shall publish a progress report for open data within the state. The progress report shall include, but is not limited to, an assessment of outcomes from the implementation of this section, innovation of the statewide open data portal, whether there has been any cost savings as a result of implementation of this section, and an assessment of agency collaboration. +(d) On or before January 1, 2017, in consultation with the Attorney General, the Chief Data Officer shall publish a set of guidelines for use by each agency. The guidelines shall include, but are not limited to, definitions and assessments of security, privacy, and legal concerns related to the creation of an inventory and publication of data. +(e) On or before October 1, 2016, the Chief Data Officer shall create an open data working group. The open data working group shall consist of state agencies’ data coordinators, appointed pursuant to paragraph (1) of subdivision (f), and shall be headed by the Chief Data Officer. The open data working group shall meet at least quarterly, and shall do, but is not limited to, all of the following: +(1) Assess progress on the open data roadmap. +(2) Discuss and recommend statewide policies and guidelines. +(3) Share best practices across agencies. +(4) Coordinate data sharing between agencies. +(f) (1) On or before August 1, 2016, state agencies identified by the Chief Data Officer shall appoint a data coordinator who shall be responsible for compliance with this chapter. The data coordinator may appoint a data steward for each data set the agency intends to publish. +(2) On or before October 1, 2016, each agency shall identify any data set within the agency and shall transmit the inventory to the Chief Data Officer in the form he or she prescribes. +(3) (A) On or before November 1, 2016, each agency shall create a plan for publication of any inventory that may be published. +(B) The agency shall publish its inventory on the statewide open data portal and may additionally publish its inventory on its own Internet Web site. If the agency chooses to publish the inventory on its own Internet Web site, the agency shall include on that site a link to the statewide open data +portal site. +portal. +(C) Any inventory published by an agency shall comply with all state and federal privacy laws and regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg). +(g) Agencies are authorized to apply for and accept public, private, and not-for-profit funding for the purpose of developing, implementing, or managing the statewide open data portal infrastructure and software pursuant to this chapter. These funds shall be expended for this purpose upon appropriation by the Legislature. +11795.2. +This chapter shall not affect the obligation of an agency to provide any notice or information to the public under any other law.","Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. The act declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. Existing law also requires every public agency to comply with the California Public Records Act and with any subsequent statutory enactment amending the act, or enacting or amending any successor act. +This bill would require a Chief Data Officer to be appointed by the Governor, on or before July 1, 2016, subject to Senate confirmation. The Chief Data Officer would report to the Secretary of Government Operations. The bill would require the Chief Data Officer to, among other things, create the statewide open data portal, as defined, to provide public access to data sets from agencies within the state. The bill would require each agency, as defined, to publish a summary listing of all of its available data sets on the portal. The bill would also require state agencies identified by the Chief Data Officer to appoint a data coordinator who would be responsible for compliance with these provisions. The bill would require any data published on the statewide open data portal or other open data portal operated by an agency to comply with all state and federal privacy laws and regulations. +The bill would prohibit these provisions from affecting the obligation of an agency to provide notices or information to the public.","An act to add Chapter 7.7 (commencing with Section 11795) to Part 1 of Division 3 of Title 2 of the Government Code, relating to state government." +169,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 230.8 of the Labor Code is amended to read: +230.8. +(a) (1) An employer who employs 25 or more employees working at the same location shall not discharge or in any way discriminate against an employee who is a parent of one or more children of the age to attend kindergarten or grades 1 to 12, inclusive, or a licensed child care provider, for taking off up to 40 hours each year, for the purpose of either of the following child-related activities: +(A) To find, enroll, or reenroll his or her child in a school or with a licensed child care provider, or to participate in activities of the school or licensed child care provider of his or her child, if the employee, prior to taking the time off, gives reasonable notice to the employer of the planned absence of the employee. Time off pursuant to this subparagraph shall not exceed eight hours in any calendar month of the year. +(B) To address a child care provider or school emergency, if the employee gives notice to the employer. +(2) If more than one parent of a child is employed by the same employer at the same worksite, the entitlement under paragraph (1) of a planned absence as to that child applies, at any one time, only to the parent who first gives notice to the employer, such that another parent may take a planned absence simultaneously as to that same child under the conditions described in paragraph (1) only if he or she obtains the employer’s approval for the requested time off. +(b) (1) The employee shall utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence authorized by this section, unless otherwise provided by a collective bargaining agreement entered into before January 1, 1995, and in effect on that date. An employee also may utilize time off without pay for this purpose, to the extent made available by his or her employer. The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition that is agreed to on or after January 1, 1995. +(2) Notwithstanding paragraph (1), in the event that all permanent, full-time employees of an employer are accorded vacation during the same period of time in the calendar year, an employee of that employer may not utilize that accrued vacation benefit at any other time for purposes of the planned absence authorized by this section. +(c) The employee, if requested by the employer, shall provide documentation from the school or licensed child care provider as proof that he or she engaged in child-related activities permitted in subdivision (a) on a specific date and at a particular time. For purposes of this subdivision, “documentation” means whatever written verification of parental participation the school or licensed child care provider deems appropriate and reasonable. +(d) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in terms and conditions of employment by his or her employer because the employee has taken time off to engage in child-related activities permitted in subdivision (a) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law shall be subject to a civil penalty in an amount equal to three times the amount of the employee’s lost wages and work benefits. +(e) For purposes of this section, the following terms have the following meanings: +(1) “Parent” means a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child. +(2) “Child care provider or school emergency” means that an employee’s child cannot remain in a school or with a child care provider due to one of the following: +(A) The school or child care provider has requested that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or child care provider. +(B) Behavioral or discipline problems. +(C) Closure or unexpected unavailability of the school or child care provider, excluding planned holidays. +(D) A natural disaster, including, but not limited to, fire, earthquake, or flood. +SEC. 2. +Section 233 of the Labor Code is amended to read: +233. +(a) Any employer who provides sick leave for employees shall permit an employee to use in any calendar year the employee’s accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employee’s then current rate of entitlement, for the reasons specified in subdivision (a) of Section 246.5. This section does not extend the maximum period of leave to which an employee is entitled under Section 12945.2 of the Government Code or under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.), regardless of whether the employee receives sick leave compensation during that leave. +(b) As used in this section: +(1) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. +(2) “Family member” has the same meaning as defined in Section 245.5. +(3) (A) “Sick leave” means accrued increments of compensated leave provided by an employer to an employee as a benefit of the employment for use by the employee during an absence from the employment for any of the reasons specified in subdivision (a) of Section 246.5. +(B) “Sick leave” does not include any benefit provided under an employee welfare benefit plan subject to the federal Employee Retirement Income Security Act of 1974 (Public Law 93-406, as amended) and does not include any insurance benefit, workers’ compensation benefit, unemployment compensation disability benefit, or benefit not payable from the employer’s general assets. +(c) An employer shall not deny an employee the right to use sick leave or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to exercise the right to use, sick leave to attend to an illness or the preventive care of a family member, or for any other reason specified in subdivision (a) of Section 246.5. +(d) Any employee aggrieved by a violation of this section shall be entitled to reinstatement and actual damages or one day’s pay, whichever is greater, and to appropriate equitable relief. +(e) Upon the filing of a complaint by an employee, the Labor Commissioner shall enforce this section in accordance with Chapter 4 (commencing with Section 79) of Division 1, including, but not limited to, Sections 92, 96.7, 98, and 98.1 to 98.8, inclusive. Alternatively, an employee may bring a civil action for the remedies provided by this section in a court of competent jurisdiction. If the employee prevails, the court may award reasonable attorney’s fees. +(f) The rights and remedies specified in this section are cumulative and nonexclusive and are in addition to any other rights or remedies afforded by contract or under other law.","(1) Existing law prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, guardian, or grandparent having custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive, for taking off up to 40 hours each year for the purpose of participating in school activities, subject to specified conditions. Existing law requires an employee to provide documentation regarding these activities upon request by an employer and provides remedies to employees discharged, demoted, or in any other manner discriminated against as a result of his or her exercise of this right to take time off. +This bill would revise references to a child day care facility to instead refer to a child care provider. The bill would include the addressing of a child care provider emergency or a school emergency, as defined, and the finding, enrolling, or reenrolling of a child in a school or with a child care provider as activities for which a parent having custody of a child shall not be discriminated against or discharged, as described above. The bill would define “parent” for these purposes as a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child, thereby extending these protections to an employee who is a stepparent or foster parent or who stands in loco parentis to a child. +(2) Existing law requires an employer who provides sick leave for employees to permit an employee to use the employee’s accrued and available sick leave entitlement to attend to the illness of a child, parent, spouse, or domestic partner and prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to attend to such an illness. Existing law defines “sick leave” for these purposes as leave provided for use by the employee during an absence from employment for specified reasons, including, but not limited to, an employee’s inability to perform his or her duties due to illness, injury, or a medical condition of the employee. The Healthy Workplaces, Healthy Families Act of 2014 requires an employer, upon the request of an employee, to provide paid sick days for a victim of domestic violence or the diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s family member, which is defined as including, in addition to the above-described relatives, grandparents, grandchildren, and siblings. +This bill would instead require an employer to permit an employee to use sick leave for the purposes specified in the Healthy Workplaces, Healthy Families Act of 2014, would redefine “sick leave” as leave provided for use by the employee during an absence from employment for these purposes, and would prohibit an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave for these purposes.","An act to amend Sections 230.8 and 233 of the Labor Code, relating to employment." +170,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 54237 of the Government Code is amended to read: +54237. +(a) Notwithstanding Section 11011.1, an agency of the state disposing of surplus residential property shall do so in accordance with the following priorities and procedures: +(1) First, all single-family residences presently occupied by their former owners shall be offered to those former owners at the appraised fair market value. +(2) Second, all single-family residences shall be offered, pursuant to this article, to their present occupants who have occupied the property two years or more and who are persons and families of low or moderate income. +(3) Third, all single-family residences shall be offered, pursuant to this article, to their present occupants who have occupied the property five years or more and whose household income does not exceed 150 percent of the area median income. +(4) Fourth, a single-family residence shall not be offered, pursuant to this article, to present occupants who are not the former owners of the property if the present occupants have had an ownership interest in real property in the last three years. +(b) Single-family residences offered to their present occupants pursuant to paragraphs (2) and (3) of subdivision (a) shall be offered to those present occupants at an affordable price. The price shall not be less than the price paid by the agency for original acquisition, unless the acquisition price was greater than the current fair market value, and shall not be greater than fair market value. When a single-family residence is offered to present occupants at a price that is less than fair market value, the selling agency shall impose terms, conditions, and restrictions to ensure that the housing will remain available to persons and families of low or moderate income and households with incomes no greater than the incomes of the present occupants in proportion to the area median income. The Department of Housing and Community Development shall provide to the selling agency recommendations of standards and criteria for these prices, terms, conditions, and restrictions. The selling agency shall provide repairs required by lenders and government housing assistance programs, or, at the option of the agency, provide the present occupants with a replacement dwelling pursuant to Section 54237.5. +(c) If single-family residences are offered to their present occupants pursuant to paragraphs (2) and (3) of subdivision (a), the occupants shall certify their income and assets to the selling agency. When a single-family residence is offered to present occupants at a price that is less than fair market value, the selling agency may verify the certifications, in accordance with procedures utilized for verification of incomes of purchasers and occupants of housing financed by the California Housing Finance Agency and with regulations adopted for the verification of assets by the United States Department of Housing and Urban Development. The income and asset limitations and term of residency requirements of paragraphs (2) and (3) of subdivision (a) shall not apply to sales that are described as mitigation measures in an environmental study prepared pursuant to the Public Resources Code, if the study was initiated before this measure was enacted. +(d) All other surplus residential properties and all properties described in paragraphs (1), (2), and (3) of subdivision (a) that are not purchased by the former owners or the present occupants shall be then offered as follows: +(1) Except as required by paragraph (2), the property shall be offered to a housing-related private or public entity at a reasonable price, which is best suited to economically feasible use of the property as decent, safe, and sanitary housing at affordable rents and affordable prices for persons and families of low or moderate income, on the condition that the purchasing entity shall cause the property to be rehabilitated and used as follows: +(A) If the housing-related entity is a public entity, the entity shall dedicate profits realized from a subsequent sale, as specified in subdivision (b) of Section 54237.7, to the construction of affordable housing within Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. +(B) If the entity is a private housing-related entity or a housing-related public entity, the entity shall cause the property to be developed as limited equity cooperative housing with first right of occupancy to present occupants, except that where the development of cooperative or cooperatives is not feasible, the purchasing entity shall cause the property to be used for low and moderate income rental or owner-occupied housing, with first right of occupancy to the present tenants. The price of the property in no case shall be less than the price paid by the entity for original acquisition unless the acquisition price was greater than current fair market value and shall not be greater than fair market value. Subject to the foregoing, it shall be set at the level necessary to provide housing at affordable rents and affordable prices for present tenants and persons and families of low or moderate income. When residential property is offered at a price that is less than fair market value, the selling agency shall impose terms, conditions, and restrictions as will ensure that the housing will remain available to persons and families of low or moderate income. The Department of Housing and Community Development shall provide to the selling agency recommendations of standards and criteria for prices, terms, conditions, and restrictions. +(2) (A) If the property is a historic home, the property shall be offered first to a housing-related public entity subject to subparagraph (A) or (B) of paragraph (1) or to a nonprofit private entity dedicated to rehabilitating and maintaining the historic home for public and community access and use subject to subparagraph (B) of paragraph (1). +(B) For the purposes of this subdivision, “historic home” means single-family surplus residential property that is listed on, or for which an application has been filed for listing on, at least one of the following by January 1, 2015: +(i) The California Register of Historical Resources, as established pursuant to Article 2 (commencing with Section 5020) of Chapter 1 of Division 5 of the Public Resources Code. +(ii) The National Register of Historic Places, as established pursuant to Chapter 3021 of Title 54 of the United States Code. +(iii) The Ne=""margin:0 0 1em 0"" class=""ActionLine""> +SEC. 2. +Section 54237.7 of the Government Code is amended to read: +54237.7. +(a) Notwithstanding Section 183.1 of the Streets and Highways Code, the Department of Transportation shall deposit proceeds from the sale of surplus residential property from the department to a new owner pursuant to this article into the SR-710 Rehabilitation Account, which is hereby created. Notwithstanding Section 13340, funds in the account are hereby continuously appropriated to the department without regard to fiscal years for the purpose of providing repairs required pursuant to subdivision (b) of Section 54237. The total funds maintained in the account shall not exceed five hundred thousand dollars ($500,000). Funds exceeding that amount, less any reimbursements due to the federal government, shall be transferred to the State Highway Account in the State Transportation Fund to be used for allocation by the California Transportation Commission (commission) exclusively to fund projects located in Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. Projects shall be selected and prioritized by the affected communities in consultation with the Los Angeles County Metropolitan Transportation Authority, pursuant to guidelines developed by the commission. The Los Angeles County Metropolitan Transportation Authority shall submit a proposed program of projects and the commission shall have final authority to approve the projects. Eligible projects may include, but are not limited to: sound walls; transit and rail capital improvements; bikeways; pedestrian improvements; signal synchronization; left turn signals; and major street resurfacing, rehabilitation, and reconstruction. The funds shall not be used to advance or construct any proposed North State Route 710 tunnel. Any funds remaining in the SR-710 Rehabilitation Account on the date that final payment due for the last of the properties repaired has been made, less any reimbursements due to the federal government, shall be transferred to the State Highway Account in the State Transportation Fund, to be used exclusively for the purposes described in this section. +(b) Notwithstanding any other law, the net proceeds from a subsequent market sale of surplus residential property sold pursuant to this article at an affordable or reasonable price, as specified in regulations adopted by the department, shall be deposited into the Affordable Housing Trust Account, which is hereby created within the Housing Finance Fund and, notwithstanding Section 13340, continuously appropriated to the California Housing Finance Agency to carry out any activity authorized by Part 3 (commencing with Section 50900) of Division 31 of the Health and Safety Code for the benefit of persons and families of low and moderate income residing exclusively in Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. The priority for the distribution of proceeds from subsequent sales shall be established pursuant to regulations adopted by the department. +SEC. 3. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to affordable housing and surplus properties in the State Route 710 corridor. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to implement the sale of historic properties in the State Route 710 corridor, it is necessary that this act take effect immediately.","(1) Existing law declares the intent of the Legislature to preserve, upgrade, and expand the supply of housing to persons and families of low or moderate income, through the sale of specified surplus residential property owned by public agencies. Existing law establishes priorities and procedures that any state agency disposing of that surplus residential property is required to follow. Under existing law, specified single-family residences must first be offered to their former owners or present occupants, as specified. If the property is not sold to a former owner or present occupant, existing law requires that the property be offered to a housing-related private or public entity at a reasonable price for either limited equity cooperative housing or low and moderate income rental or owner-occupied housing, as specified. +This bill would authorize a local housing authority to purchase and rehabilitate surplus residential property within Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. The local housing authority would be required to dedicate any profits realized from a subsequent sale to the construction of affordable housing. The bill would also require that, prior to offering the property to a housing-related private or public entity as specified above, that property that is a historic home, as defined, be first offered to a housing-related public entity or a nonprofit private entity dedicated to rehabilitating and maintaining the historic home for public and community access and use. +(2) Existing law requires the Department of Transportation to deposit proceeds from sales of surplus residential property into the SR-710 Rehabilitation Account, a continuously appropriated fund, to be distributed, as specified, exclusively to fund projects located in Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. +This bill would specifically require the department to deposit proceeds from the sale of surplus residential property from the department to a new owner in the SR-710 Rehabilitation Account. This bill would establish the Affordable Housing Trust Account within the Housing Finance Fund and require the net proceeds from a subsequent market sale of surplus residential property sold pursuant to these provisions at an affordable or reasonable price, as specified, be deposited in this account. The bill would continuously appropriate funds in this account to the California Housing Finance Agency to carry out specified activities for the benefit of persons residing exclusively within Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. +(3) This bill would make legislative findings and declarations as to the necessity of a special statute for Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. +(4) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 54237 and 54237.7 of the Government Code, relating to surplus residential property, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately." +171,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 51 of the Revenue and Taxation Code is amended to read: +51. +(a) For purposes of subdivision (b) of Section 2 of Article XIII A of the California Constitution, for each lien date after the lien date in which the base year value is determined pursuant to Section 110.1, the taxable value of real property shall, except as otherwise provided in subdivision (b) or (c), be the lesser of: +(1) Its base year value, compounded annually since the base year by an inflation factor, which shall be determined as follows: +(A) For any assessment year commencing prior to January 1, 1985, the inflation factor shall be the percentage change in the cost of living, as defined in Section 2212. +(B) For any assessment year commencing after January 1, 1985, and prior to January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from December of the prior fiscal year to December of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. +(C) For any assessment year commencing on or after January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from October of the prior fiscal year to October of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. +(D) The percentage increase for any assessment year determined pursuant to subparagraph (A), (B), or (C) shall not exceed 2 percent of the prior year’s value. +(E) (i) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for an assessment year determined pursuant to subparagraph (A), (B), or (C) shall not apply to the principal place of +residence +residence, including the area of land surrounding it as is reasonably necessary for use of the dwelling as a home, +of a qualified taxpayer. +(ii) For purposes of this subparagraph, all of the following shall apply: +(I) “Qualified taxpayer” means a person who owns a dwelling as his or her principal place of residence who is 65 years of age or older on the lien date and satisfies either of the following: +(ia) If the qualified taxpayer is single, his or her annual household income, as defined in Section 20504, is twenty-five thousand dollars ($25,000) or less. +(ib) If the qualified taxpayer is married, +his or her +their +combined annual household income, as defined in Section 20504, is fifty thousand dollars ($50,000) or less. +(II) A qualified taxpayer who is 65 years of age or older includes a married couple, one member of which is 65 years of age or older on the lien date. +(III) When claiming the benefit provided by this subparagraph, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified taxpayer. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subparagraph. +(2) Its full cash value, as defined in Section 110, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, removal of property, or other factors causing a decline in value. +(b) If the real property was damaged or destroyed by disaster, misfortune, or calamity and the board of supervisors of the county in which the real property is located has not adopted an ordinance pursuant to Section 170, or any portion of the real property has been removed by voluntary action by the taxpayer, the taxable value of the property shall be the sum of the following: +(1) The lesser of its base year value of land determined under paragraph (1) of subdivision (a) or full cash value of land determined pursuant to paragraph (2) of subdivision (a). +(2) The lesser of its base year value of improvements determined pursuant to paragraph (1) of subdivision (a) or the full cash value of improvements determined pursuant to paragraph (2) of subdivision (a). +In applying this subdivision, the base year value of the subject real property does not include that portion of the previous base year value of that property that was attributable to any portion of the property that has been destroyed or removed. The sum determined under this subdivision shall then become the base year value of the real property until that property is restored, repaired, or reconstructed or other provisions of law require establishment of a new base year value. +(c) If the real property was damaged or destroyed by disaster, +misfortune +misfortune, +or calamity and the board of supervisors in the county in which the real property is located has adopted an ordinance pursuant to Section 170, the taxable value of the real property shall be its assessed value as computed pursuant to Section 170. +(d) For purposes of this section, “real property” means that appraisal unit that persons in the marketplace commonly buy and sell as a unit, or that is normally valued separately. +(e) Nothing in this section shall be construed to require the assessor to make an annual reappraisal of all assessable property. However, for each lien date after the first lien date for which the taxable value of property is reduced pursuant to paragraph (2) of subdivision (a), the value of that property shall be annually reappraised at its full cash value as defined in Section 110 until that value exceeds the value determined pursuant to paragraph (1) of subdivision (a). In no event shall the assessor condition the implementation of the preceding sentence in any year upon the filing of an assessment appeal. +SEC. 2. +Section 5813 of the Revenue and Taxation Code is amended to read: +5813. +(a) For each lien date after the lien date for which the base year value is determined, the taxable value of a manufactured home shall be the lesser of: +(1) Its base year value, compounded annually since the base year by an inflation factor, which shall be the percentage change in the cost of living, as defined in Section 51, +provided, +provided +that any percentage increase shall not exceed 2 percent of the prior year’s value; or +(2) Its full cash value, as defined in Section 5803, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, or other factors causing a decline in value; or +(3) If the manufactured home is damaged or destroyed by disaster, misfortune, or calamity, its value determined pursuant to paragraph (2) shall be its base year value until the manufactured home is restored, +repaired +repaired, +or reconstructed or other provisions of law require establishment of a new base year value. +(b) (1) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for an assessment year determined pursuant to paragraph (1) of subdivision (a) shall not apply to the principal place of residence of a qualified taxpayer. +(2) For purposes of this subdivision, all of the following shall apply: +(A) “Qualified taxpayer” means a person who owns a manufactured home as his or her principal place of residence who is 65 years of age or older on the lien date and satisfies either of the following: +(i) If the qualified taxpayer is single, his or her annual household income, as defined in Section 20504, is twenty-five thousand dollars ($25,000) or less. +(ii) If the qualified taxpayer is married, +his or her +their +combined annual household income, as defined in Section 20504, is fifty thousand dollars ($50,000) or less. +(B) A qualified taxpayer who is 65 years of age or older includes a married couple, one member of which is 65 years of age or older on the lien date. +(C) When claiming the benefit provided by this subdivision, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified taxpayer. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subdivision. +SEC. 3. +Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 5. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value, as defined, of that property, and provides that the full cash value base may be adjusted each year by an inflationary rate not to exceed 2% for any given year. Existing property tax law implementing this constitutional authority provides that the taxable value of real property is the lesser of its base year value compounded annually by the inflation factor not to exceed 2%, as provided, or its full cash value. Existing property tax law also provides that the taxable value of a manufactured home is the lesser of its base year value compounded annually by an inflation factor not to exceed 2% or its full cash value. +This bill would provide that the inflation factor shall not apply to the principal place of +residence +residence, as specified, +of a “qualified taxpayer,” defined by the bill to mean a person who owns a dwelling as his or her principal place of residence, or a person who owns a manufactured home as his or her principal place of residence, who is 65 years of age or older on the lien date who meets specified requirements. +By changing the manner in which local tax officials calculate the taxable value of real property owned by senior citizens, this bill would impose a state-mandated local program. +Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. +This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +This bill would take effect immediately as a tax levy.","An act to amend Sections 51 and 5813 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +172,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature hereby finds and declares all of the following: +(a) Tobacco use is the single most preventable cause of death and disease in California, claiming the lives of more than 40,000 people every year. California still has approximately 3.64 million adult smokers and 224,000 youth smokers. +(b) The inevitable health care costs of smoking come to almost $10 for every pack of cigarettes sold in California. +(c) Tobacco use costs Californians more than $13.29 billion in tobacco-related medical expenses every year. The cost of lost productivity due to tobacco use adds an additional estimated $10.35 billion to the annual economic consequences of smoking in California. +(d) The treatment of cancer, heart disease and stroke, lung disease, diabetes, and other diseases related to tobacco use continues to impose a significant burden upon California’s overstressed health care system, including publicly funded health care programs. +(e) In 2015–16, it is estimated that the General Fund cost of publicly funded health care programs to the state will be more than $18 billion. In 2015–16, it is estimated that publicly funded health care programs will provide health care coverage to more than 12 million Californians. At the same time, hundreds of thousands of families and children go without any medical coverage due to financial constraints upon the state and local government budgets and recent cutbacks in publicly funded health care programs. +(f) A recent cost-benefit analysis concluded that if states followed the United States Centers for Disease Control and Prevention’s Best Practices for Comprehensive Tobacco Control Programs 2007 funding guidelines, up to 14 to 20 times the cost of program implementation could be saved through reduced medical and productivity costs as well as reduced Medicaid costs. +(g) The California Tobacco Tax Act of 2015 will help fund the comprehensive California Tobacco Control Program designed to change social norms about tobacco and discourage individuals from taking up smoking and the use of other tobacco products through educational programs, thereby saving the state and local governments significant money now and in the future. +(h) Tobacco tax increases are an appropriate way to mitigate the impacts of tobacco-related diseases and improve existing programs providing for quality and access to health care services for families and children. +(i) An increase in the tobacco tax will have an immediate effect on smoking and is the most appropriate mechanism to fund services to prevent tobacco use, help people quit smoking, and discourage many people from taking up smoking. +(j) California taxes cigarettes at only $0.87 per pack, and ranks 33rd in tobacco tax rates, reflecting one of the lowest tobacco taxes in the United States. Thirty states have cigarette tax rates of $1 per pack or higher, and California is well below other west coast states (Washington: $3.025, Oregon: $1.31, and Arizona: $2). California last raised its tobacco tax in 1998. +(k) The burden of smoking is not equally shared across California populations and communities. Tobacco use rates are much higher than the general population in African Americans, white men, Korean men, enlisted military personnel, lesbian, gay, bisexual, and transgender, young adult, rural, and low-income populations. +(l) A reinvigorated tobacco control program will allow targeted public health and research efforts to combat the tobacco industry’s predatory marketing to ethnic groups, driving down smoking rates and ultimately reducing heart disease, stroke, lung disease, and cancer in these California communities, which together represent more than +half +one-half +of our state’s residents. +SEC. 2. +Section 30104 of the Revenue and Taxation Code is amended to read: +30104. +The taxes imposed by this part shall not apply to the sale of cigarettes or tobacco products by a distributor to a common carrier engaged in interstate or foreign passenger service or to a person authorized to sell cigarettes or tobacco products on the facilities of the carrier. Whenever cigarettes or tobacco products are sold by distributors to common carriers engaged in interstate or foreign passenger service for use or sale on facilities of the carriers, or to persons authorized to sell cigarettes or tobacco products on those facilities, the tax imposed under this part shall not be levied with respect to the sales of the cigarettes or tobacco products by the distributors, but a tax is hereby levied upon the carriers or upon the persons authorized to sell cigarettes or tobacco products on the facilities of the carriers, as the case may be, for the privilege of making sales in California at the same rate as set forth under this part. Those common carriers and authorized persons shall pay the tax imposed by this section and file reports with the board, as provided in Section 30186. +SEC. 3. +Section 30108 of the Revenue and Taxation Code is amended to read: +30108. +(a) Every distributor engaged in business in this state and selling or accepting orders for cigarettes or tobacco products with respect to the sale of which the tax imposed under this part is inapplicable shall, at the time of making the sale or accepting the order or, if the purchaser is not then obligated to pay the tax with respect to his or her distribution of the cigarettes or tobacco products, at the time the purchaser becomes so obligated, collect the tax from the purchaser, if the purchaser is other than a licensed distributor, and shall give to the purchaser a receipt therefor in the manner and form prescribed by the board. +(b) Every person engaged in business in this state and making gifts of untaxed cigarettes or tobacco products as samples with respect to which the tax imposed under this part is inapplicable shall, at the time of making the gift or, if the donee is not then obligated to pay the tax with respect to his or her distribution of the cigarettes or tobacco products, at the time the donee becomes so obligated, collect the tax from the donee, if the donee is other than a licensed distributor, and shall give the donee a receipt therefor in the manner and form prescribed by the board. This section shall not apply to those distributions of cigarettes or tobacco products that are exempt from tax under Section 30105.5. +(c) “Engaged in business in the state” means and includes any of the following: +(1) Maintaining, occupying, or using, permanently or temporarily, directly or indirectly, or through a subsidiary, or agent, by whatever name called, an office, place of distribution, sales or sample room or place, warehouse or storage place, or other place of business. +(2) Having any representative, agent, salesperson, canvasser, or solicitor operating in this state under the authority of the distributor or its subsidiary for the purpose of selling, delivering, or the taking of orders for cigarettes or tobacco products. +(d) The taxes required to be collected by this section constitute debts owed by the distributor, or other person required to collect the taxes, to the state. +SEC. 4. +Article 2.5 (commencing with Section 30130.50) is added to Chapter 2 of Part 13 of Division 2 of the Revenue and Taxation Code, to read: +Article 2.5. The California Tobacco Tax Act of 2015 +30130.50. +For the purposes of this article: +(a) “Cigarette” has the same meaning as in Section 30003 as it read on January 1, 2015. +(b) “Tobacco products” includes, but is not limited to, all forms of cigars, smoking tobacco, chewing tobacco, snuff, and any other articles or products made of, or containing at least 50 percent, tobacco, but does not include cigarettes. +30130.51. +In addition to any other taxes imposed upon the distribution of cigarettes, there shall be imposed an additional tax upon every distributor of cigarettes at the rate of one hundred mills ($0.10) for each cigarette distributed on or after January 1, 2016. +30130.52. +(a) (1) Every dealer and wholesaler, for the privilege of holding or storing cigarettes for sale, use, or consumption, shall pay a floor stock tax for each cigarette in its possession or under its control in this state at 12:01 a.m. on January 1, 2016, at the rate of one hundred mills ($0.10) for each cigarette. +(2) Every dealer and wholesaler shall file a return with the board on or before July 1, 2016, on a form prescribed by the board, showing the number of cigarettes in its possession or under its control in this state at 12:01 a.m. on January 1, 2016. The amount of tax shall be computed and shown on the return. +(b) (1) Every licensed cigarette distributor, for the privilege of distributing cigarettes and for holding or storing cigarettes for sale, use, or consumption, shall pay a cigarette indicia adjustment tax for each California cigarette tax stamp that is affixed to any package of cigarettes and for each unaffixed California cigarette tax stamp in its possession or under its control at 12:01 a.m. on January 1, 2016, at the following rates: +(A) Two dollars and fifty cents ($2.50) for each stamp bearing the designation “25.” +(B) Two dollars ($2) for each stamp bearing the designation “20.” +(C) One dollar ($1) for each stamp bearing the designation “10.” +(2) Every licensed cigarette distributor shall file a return with the board on or before July 1, 2016, on a form prescribed by the board, showing the number of stamps described in subparagraphs (A), (B), and (C) of paragraph (1). The amount of tax shall be computed and shown on the return. +(c) The taxes required to be paid by this section are due and payable on or before July 1, 2016. Payments shall be made by remittances payable to the board and the payments shall accompany the return and forms required to be filed by this section. +(d) Any amount required to be paid by this section that is not timely paid shall bear interest at the rate and by the method established pursuant to Section 30202 from July 1, 2016, until paid, and shall be subject to determination, and redetermination, and any penalties provided with respect to determinations and redeterminations. +30130.54. +(a) The California Tobacco Tax Act of 2015 Fund is hereby established in the State Treasury for the purposes set forth in this article. All revenues, less refunds and moneys transferred pursuant to Section 30130.53, derived from the taxes imposed by this article shall be deposited in the California Tobacco Tax Act of 2015 Fund. +(b) Moneys in the California Tobacco Tax Act of 2015 Fund shall be transferred as follows: +(1) +___ +Fourteen +percent to the Tobacco Prevention and Education Account, which is hereby created in the California Tobacco Tax Act of 2015 Fund. +(2) +___ +Eighty-four +percent to the Tobacco Disease Related Health Care Account, which is hereby created in the California Tobacco Tax Act of 2015 Fund. +(3) +___ +Two +percent to the Tobacco Law Enforcement Account, which is hereby created in the California Tobacco Tax Act of 2015 Fund. +(c) Funds deposited into the California Tobacco Tax Act of 2015 Fund may be placed into the Pooled Money Investment Account for investment only, and interest earned shall be credited to the fund and deposited, apportioned, and expended only in accordance with this article and its purposes. +(d) Notwithstanding any other law, the taxes imposed by this article and the revenue derived therefrom, including investment interest, shall not be considered to be part of the General Fund, as that term is used in Chapter 1 (commencing with Section 16300) of Part 2 of Division 4 of the Government Code, shall not be considered General Fund revenue for purposes of Section 8 of Article XVI of the California Constitution, and its implementing statutes, and shall not be considered “moneys to be applied by the state for the support of school districts and community college districts” pursuant to Section 8 of Article XVI of the California Constitution, and its implementing statutes. +(e) Notwithstanding any other law, revenues deposited into the California Tobacco Tax Act of 2015 Fund, and any interest earned by the fund, shall only be used for the specific purposes set forth in this article. Revenues deposited into the California Tobacco Tax Act of 2015 Fund shall not be subject to appropriation, reversion, or transfer by the Legislature, the Governor, the Director of Finance, or the Controller for any other purpose, nor shall the funds be loaned to the General Fund or any other fund of the state or any local government fund. +(f) All revenues deposited into the California Tobacco Tax Act of 2015 Fund shall be expended only for the purposes expressed in this article, and shall be used only to supplement existing levels of service and not to fund existing levels of service. Moneys in the fund shall not be used to supplant state or local general fund moneys for any purpose. +SEC. 5. +Section 30181 of the Revenue and Taxation Code is amended to read: +30181. +(a) If any tax imposed upon cigarettes under this part is not paid through the use of stamps or meter impressions, the tax shall be due and payable monthly on or before the 25th day of the month following the calendar month in which a distribution of cigarettes occurs, or in the case of a sale of cigarettes on the facilities of a common carrier for which the tax is imposed pursuant to Section 30104, the tax shall be due and payable monthly on or before the 25th day of the month following the calendar month in which a sale of cigarettes on the facilities of the carrier occurs. +(b) Each distributor of tobacco products shall file a return in the form, as prescribed by the board, that may include, but not be limited to, electronic media respecting the distributions of tobacco products and their wholesale cost during the preceding month, and any other information as the board may require to carry out this part. The return shall be filed with the board on or before the 25th day of the calendar month following the close of the monthly period for which it relates, together with a remittance payable to the board, of the amount of tax, if any, due under Article 2 (commencing with Section 30121) or Article 3 (commencing with Section 30131) of Chapter 2 for that period. +(c) To facilitate the administration of this part, the board may require the filing of the returns for longer than monthly periods. +(d) Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the board. +SEC. 6. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 7. +This act shall become operative only if Assembly Bill 1396 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016.","The Cigarette and Tobacco Products Tax Law, the violation of which is a crime, imposes a tax of $0.87 per package of 20 cigarettes on every distributor of cigarettes and a tax on the wholesale cost of tobacco products distributed at a tax rate that is equivalent to the combined rate of all taxes imposed on cigarettes, and at a rate equivalent to $0.50 per pack cigarette tax. Revenues from taxes imposed under this law are deposited in specified accounts. These taxes are inclusive of the taxes imposed under the Tobacco Tax and Health Protection Act of 1988 (Proposition 99) and the California Children and Families Act of 1998 (Proposition 10). +This bill, beginning January 1, 2016, would impose an additional tax on the distribution of cigarettes at the rate of $0.10 for each cigarette distributed, which would be $2.00 per pack; would require a dealer and a wholesaler to file a return with the State Board of Equalization showing the number of cigarettes in its possession or under its control on that date, and impose a related floor stock tax; and would require a licensed cigarette distributor to file a return with the board and pay a cigarette indicia adjustment tax at the rate equal to the difference between the existing tax rate and the tax rate imposed by this bill for cigarette tax stamps in its possession or under its control on that date. Because the bill would impose an additional tax on cigarettes under the Cigarette and Tobacco Products Tax Law, it would increase the tax upon the distribution of tobacco products under that law. +The bill would provide that the revenues collected from the additional tax be deposited in the California Tobacco Tax Act of 2015 Fund created by this bill, and transferred into accounts within that fund, which are created by this bill, the Tobacco Prevention and Education Account, the Tobacco Disease Related Health Care Account, and the Tobacco Law Enforcement Account. The bill would provide that revenue from this tax would not be considered General Fund revenue, and would limit the use or loan of those revenues, as provided. +Because this bill would impose new requirements under the Cigarette and Tobacco Products Tax Law, the violation of which is a crime, it would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of +2/3 +of the membership of each house of the Legislature. +This bill would become operative only if AB 1396 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016.","An act to amend Sections 30104, 30108, and 30181 of, and to add Article 2.5 (commencing with Section 30130.50) to Chapter 2 of Part 13 of Division 2 of, the Revenue and Taxation Code, relating to public health finance." +173,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3016 of the Penal Code is amended to read: +3016. +(a) The Secretary of the Department of Corrections and Rehabilitation shall establish the Case Management Reentry Pilot Program for offenders under the jurisdiction of the department who have been sentenced to a term of imprisonment under Section 1170 and are likely to benefit from a case management reentry strategy designed to address homelessness, joblessness, mental disorders, and developmental disabilities among offenders transitioning from prison into the community. The purpose of the pilot program is to implement promising and evidence-based practices and strategies that promote improved public safety outcomes for offenders reentering society after serving a term in state prison and while released to parole. +(b) The program shall be initiated in at least three counties over three years, supported by department employees focusing primarily on case management services for eligible parolees selected for the pilot program. Department employees shall be experienced or trained to work as social workers with a parole population. Selection of a parolee for participation in the pilot program does not guarantee the availability of services. +(c) Case management social workers shall assist offenders on parole who are assigned to the program in managing basic needs, including housing, job training and placement, medical and mental health care, and any additional programming or responsibilities attendant to the terms of the offender’s reentry requirements. Case management social workers also shall work closely with offenders to prepare, monitor, revise, and fulfill individualized offender reentry plans consistent with this section during the term of the program. +(d) Individualized offender reentry plans shall focus on connecting offenders to services for which the offender is eligible under existing federal, state, and local rules. +(e) Case management services shall be prioritized for offenders identified as potentially benefiting from assistance with the following: +(1) Food, including the immediate need and long-term planning for obtaining food. +(2) Clothing, including the immediate need to obtain appropriate clothing. +(3) Shelter, including obtaining housing consistent with the goals of the most independent, least restrictive and potentially durable housing in the local community and that are feasible for the circumstances of each reentering offender. +(4) Benefits, including, but not limited to, the California Work Opportunity and Responsibility to Kids program, general assistance, benefits administered by the federal Social Security Administration, Medi-Cal, and veterans benefits. +(5) Health services, including assisting parolee clients with accessing community mental health, medical, and dental treatment. +(6) Substance abuse services, including assisting parolee clients with obtaining community substance abuse treatment or related 12-step program information and locations. +(7) Income, including developing and implementing a feasible plan to obtain an income and employment reflecting the highest level of work appropriate for a reentering offender’s abilities and experience. +(8) Identification cards, including assisting reentering offenders with obtaining state identification cards. +(9) Life skills, including assisting with the development of skills concerning money management, job interviewing, resume writing, and activities of daily living. +(10) Activities, including working with reentering offenders in choosing and engaging in suitable and productive activities. +(11) Support systems, including working with reentering offenders on developing a support system, which may consist of prosocial friends, family, and community groups and activities, such as religious activities, recovery groups, and other social events. +(12) Academic and vocational programs, including assisting reentering offenders in developing and implementing a realistic plan to achieve an academic education, or vocational training, or both. +(13) Discharge planning, including developing postparole plans to sustain parolees’ achievements and goals to insure long-term community success. +(f) The department shall contract for an evaluation of the pilot program that will assess its effectiveness in reducing recidivism among offenders transitioning from prison into the community. +(g) The department shall submit a final report of the findings from its evaluation of the pilot program to the Legislature and the Governor no later than July 31, 2017. +(h) Implementation of this article is contingent on the availability of funds and the pilot program may be limited in scope or duration based on the availability of funds. +SEC. 2. +Section 5055.5 is added to the Penal Code, to read: +5055.5. +(a) The Secretary of the Department of Corrections and Rehabilitation shall develop a Data Dashboard as described in subdivisions (b) and (c) for each institution on a quarterly basis and post those reports on the department’s Internet Web site. The department shall post both current fiscal-year reports and reports for the immediately preceding three fiscal years for each institution. The department shall also post corrections made to inaccurate or incomplete data to current or previous reports. +(b) Each report shall include a brief biography of the warden, including whether he or she is an acting or permanent warden, and a brief description of the prison, including the total number and level of inmates. +(c) Each report shall be created using the following information already collected using the COMPSTAT (computer assisted statistics) reports for each prison and shall include, but not be limited to, all of the following indicators: +(1) Staff vacancies, overtime, sick leave, and number of authorized staff positions. +(2) Rehabilitation programs, including enrollment capacity, actual enrollment, and diploma and GED completion rate. +(3) Number of deaths, specifying homicides, suicides, unexpected deaths, and expected deaths. +(4) Number of use of force incidents. +(5) Number of inmate appeals, including the number being processed, overdue, dismissed, and upheld. +(6) Number of inmates in administrative segregation. +(7) Total contraband seized, specifying the number of cellular telephones and drugs. +(d) Each report shall also include the following information, which is not currently collected or displayed by COMPSTAT: +(1) Total budget, including actual expenditures. +(2) Number of days in lockdown.","Existing law provides that the supervision, management, and control of the state prisons, and the responsibility for the care, custody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the Department of Corrections and Rehabilitation. Existing law requires the Secretary to establish the Case Management Reentry Pilot Program for specified offenders who are likely to benefit from a case management reentry strategy. Existing law requires the Department of Corrections and Rehabilitation to submit a final report of the findings from its evaluation of the pilot program to the Legislature and the Governor by a specified date. +This bill would require the Department of Corrections and Rehabilitation to submit a final report of the findings from its evaluation of the Case Management Reentry Pilot Program to the Legislature and the Governor by no later than July 31, 2017. +The bill would also require the Secretary of the Department of Corrections and Rehabilitation to develop a Data Dashboard on a quarterly basis containing specified information regarding each institution, including, among other information, the total budget, including actual expenditures, staff vacancies and the number of authorized staff positions, overtime, sick leave, and the number of use of force incidents, and to post those reports on the department’s Internet Web site, as provided.","An act to amend Section 3016 of, and to add Section 5055.5 to, the Penal Code, relating to prisons." +174,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1063.1 of the Insurance Code is amended to read: +1063.1. +As used in this article: +(a) “Member insurer” means an insurer required to be a member of the association in accordance with subdivision (a) of Section 1063, except and to the extent that the insurer is participating in an insolvency program adopted by the United States government. +(b) “Insolvent insurer” means an insurer that was a member insurer of the association, consistent with paragraph (11) of subdivision (c), either at the time the policy was issued or when the insured event occurred, and against which an order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction, or, in the case of the State Compensation Insurance Fund, if a finding of insolvency is made by a duly enacted legislative measure. +(c) (1) “Covered claims” means the obligations of an insolvent insurer, including the obligation for unearned premiums, that satisfy all of the following requirements: +(A) Imposed by law and within the coverage of an insurance policy of the insolvent insurer. +(B) Which were unpaid by the insolvent insurer. +(C) Which are presented as a claim to the liquidator in the state of domicile of the insolvent insurer or to the association on or before the last date fixed for the filing of claims in the domiciliary liquidating proceedings. +(D) Which were incurred prior to the date coverage under the policy terminated and prior to, on, or within 30 days after the date the liquidator was appointed. +(E) For which the assets of the insolvent insurer are insufficient to discharge in full. +(F) In the case of a policy of workers’ compensation insurance, to provide workers’ compensation benefits under the workers’ compensation law of this state. +(G) In the case of other classes of insurance if the claimant or insured is a resident of this state at the time of the insured occurrence, or the property from which the claim arises is permanently located in this state. +(2) “Covered claims” also includes the obligations assumed by an assuming insurer from a ceding insurer where the assuming insurer subsequently becomes an insolvent insurer if, at the time of the insolvency of the assuming insurer, the ceding insurer is no longer admitted to transact business in this state. Both the assuming insurer and the ceding insurer shall have been member insurers at the time the assumption was made. “Covered claims” under this paragraph shall be required to satisfy the requirements of subparagraphs (A) to (G), inclusive, of paragraph (1), except for the requirement that the claims be against policies of the insolvent insurer. The association shall have a right to recover any deposit, bond, or other assets that may have been required to be posted by the ceding company to the extent of covered claim payments and shall be subrogated to any rights the policyholders may have against the ceding insurer. +(3) “Covered claims” does not include obligations arising from the following: +(A) Life, annuity, health, or disability insurance. +(B) Mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risks. +(C) Fidelity or surety insurance including fidelity or surety bonds, or any other bonding obligations. +(D) Credit insurance. +(E) Title insurance. +(F) Ocean marine insurance or ocean marine coverage under an insurance policy including claims arising from the following: the Jones Act (46 U.S.C. Secs. 30104 and 30105), the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. Sec. 901 et seq.), or any other similar federal statutory enactment, or an endorsement or policy affording protection and indemnity coverage. +(G) Any claims servicing agreement or insurance policy providing retroactive insurance of a known loss or losses, except a special excess workers’ compensation policy issued pursuant to subdivision (c) of Section 3702.8 of the Labor Code that covers all or any part of workers’ compensation liabilities of an employer that is issued, or was previously issued, a certificate of consent to self-insure pursuant to subdivision (b) of Section 3700 of the Labor Code. +(4) “Covered claims” does not include any obligations of the insolvent insurer arising out of any reinsurance contracts, nor any obligations incurred after the expiration date of the insurance policy or after the insurance policy has been replaced by the insured or canceled at the insured’s request, or after the insurance policy has been canceled by the liquidator, nor any obligations to a state or to the federal government. +(5) “Covered claims” does not include any obligations to insurers, insurance pools, or underwriting associations, nor their claims for contribution, indemnity, or subrogation, equitable or otherwise, except as otherwise provided in this chapter. +An insurer, insurance pool, or underwriting association may not maintain, in its own name or in the name of its insured, a claim or legal action against the insured of the insolvent insurer for contribution, indemnity, or by way of subrogation, except insofar as, and to the extent only, that the claim exceeds the policy limits of the insolvent insurer’s policy. In those claims or legal actions, the insured of the insolvent insurer is entitled to a credit or setoff in the amount of the policy limits of the insolvent insurer’s policy, or in the amount of the limits remaining, where those limits have been diminished by the payment of other claims. +(6) “Covered claims,” except in cases involving a claim for workers’ compensation benefits or for unearned premiums, does not include a claim in an amount of one hundred dollars ($100) or less, nor that portion of a claim that is in excess of any applicable limits provided in the insurance policy issued by the insolvent insurer. +(7) “Covered claims” does not include that portion of a claim, other than a claim for workers’ compensation benefits, that is in excess of five hundred thousand dollars ($500,000). +(8) “Covered claims” does not include any amount awarded as punitive or exemplary damages, nor any amount awarded by the Workers’ Compensation Appeals Board pursuant to Section 5814 or 5814.5 of the Labor Code because payment of compensation was unreasonably delayed or refused by the insolvent insurer. +(9) “Covered claims” does not include (A) a claim to the extent it is covered by any other insurance of a class covered by this article available to the claimant or insured or (B) a claim by a person other than the original claimant under the insurance policy in his or her own name, his or her assignee as the person entitled thereto under a premium finance agreement as defined in Section 673 and entered into prior to insolvency, his or her executor, administrator, guardian, or other personal representative or trustee in bankruptcy, and does not include a claim asserted by an assignee or one claiming by right of subrogation, except as otherwise provided in this chapter. +(10) “Covered claims” does not include any obligations arising out of the issuance of an insurance policy written by the separate division of the State Compensation Insurance Fund pursuant to Sections 11802 and 11803. +(11) “Covered claims” does not include any obligations of the insolvent insurer arising from a policy or contract of insurance issued or renewed prior to the insolvent insurer’s admission to transact insurance in the State of California. +(12) “Covered claims” does not include surplus deposits of subscribers as defined in Section 1374.1. +(13) “Covered claims” shall also include obligations arising under an insurance policy written to indemnify a permissibly self-insured employer pursuant to subdivision (b) or (c) of Section 3700 of the Labor Code for its liability to pay workers’ compensation benefits in excess of a specific or aggregate retention. However, for purposes of this article, those claims shall not be considered workers’ compensation claims and therefore are subject to the per-claim limit in paragraph (7), and any payments and expenses related thereto shall be allocated to category (c) for claims other than workers’ compensation, homeowners, and automobile, as provided in Section 1063.5. +These provisions shall apply to obligations arising under a policy as described herein issued to a permissibly self-insured employer or group of self-insured employers pursuant to Section 3700 of the Labor Code and notwithstanding any other provision of this code, those obligations shall be governed by this provision in the event that the Self-Insurers’ Security Fund is ordered to assume the liabilities of a permissibly self-insured employer or group of self-insured employers pursuant to Section 3701.5 of the Labor Code. The provisions of this paragraph apply only to insurance policies written to indemnify a permissibly self-insured employer or group of self-insured employers under subdivision (b) or (c) of Section 3700 of the Labor Code, for its liability to pay workers’ compensation benefits in excess of a specific or aggregate retention, and this paragraph does not apply to special excess workers’ compensation insurance policies unless issued pursuant to authority granted in subdivision (c) of Section 3702.8 of the Labor Code, and as provided for in subparagraph (G) of paragraph (3). In addition, this paragraph does not apply to any claims servicing agreement or insurance policy providing retroactive insurance of a known loss or losses as are excluded in subparagraph (G) of paragraph (3). +Each permissibly self-insured employer or group of self-insured employers, or the Self-Insurers’ Security Fund, shall, to the extent required by the Labor Code, be responsible for paying, adjusting, and defending each claim arising under policies of insurance covered under this section, unless the benefits paid on a claim exceed the specific or aggregate retention, in which case: +(A) If the benefits paid on the claim exceed the specific or aggregate retention, and the policy requires the insurer to defend and adjust the claim, the California Insurance Guarantee Association (CIGA) shall be solely responsible for adjusting and defending the claim, and shall make all payments due under the claim, subject to the limitations and exclusions of this article with regard to covered claims. As to each claim subject to this paragraph, notwithstanding any other provisions of this code or the Labor Code, and regardless of whether the amount paid by CIGA is adequate to discharge a claim obligation, neither the self-insured employer, group of self-insured employers, nor the Self-Insurers’ Security Fund shall have any obligation to pay benefits over and above the specific or aggregate retention, except as provided in this subdivision. +(B) If the benefits paid on the claim exceed the specific or aggregate retention, and the policy does not require the insurer to defend and adjust the claim, the permissibly self-insured employer or group of self-insured employers, or the Self-Insurers’ Security Fund, shall not have any further payment obligations with respect to the claim, but shall continue defending and adjusting the claim, and shall have the right, but not the obligation, in any proceeding to assert all applicable statutory limitations and exclusions as contained in this article with regard to the covered claim. CIGA shall have the right, but not the obligation, to intervene in any proceeding where the self-insured employer, group of self-insured employers, or the Self-Insurers’ Security Fund is defending a claim and shall be permitted to raise the appropriate statutory limitations and exclusions as contained in this article with respect to covered claims. Regardless of whether the self-insured employer or group of self-insured employers, or the Self-Insurers’ Security Fund, asserts the applicable statutory limitations and exclusions, or whether CIGA intervenes in a proceeding, CIGA shall be solely responsible for paying all benefits due on the claim, subject to the exclusions and limitations of this article with respect to covered claims. As to each claim subject to this paragraph, notwithstanding any other provision of the Insurance Code or the Labor Code and regardless of whether the amount paid by CIGA is adequate to discharge a claim obligation, neither the self-insured employer, group of self-insured employers, nor the Self-Insurers’ Security Fund, shall have an obligation to pay benefits over and above the specific or aggregate retention, except as provided in this subdivision. +(C) In the event that the benefits paid on the covered claim exceed the per-claim limit in paragraph (7), the responsibility for paying, adjusting, and defending the claim shall be returned to the permissibly self-insured employer or group of employers, or the Self-Insurers’ Security Fund. +These provisions shall apply to all pending and future insolvencies. For purposes of this paragraph, a pending insolvency is one involving a company that is currently receiving benefits from the guarantee association. +(14) “Covered claims” shall include any claims filed by an employee of a general employer that has entered into a contractual relationship with a special employer who is a self-insured governmental entity and has satisfied the provisions of paragraph (1) of subdivision (d) of Section 3602 of the Labor Code. In no event is the self-insurance of a special employer governmental entity to be considered other insurance for purposes of this article if the provisions of paragraph (1) of subdivision (d) of Section 3602 of the Labor Code are required by contractual agreement between the general employer and the special employer. The contractual agreement shall be conclusive proof that the special employer never had the intent to provide workers’ compensation insurance for the employees of the general employer. +(d) “Admitted to transact insurance in this state” means an insurer possessing a valid certificate of authority issued by the department. +(e) “Affiliate” means a person who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December 31 of the year next preceding the date the insurer becomes an insolvent insurer. +(f) “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control is presumed to exist if a person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, 10 percent or more of the voting securities of any other person. This presumption may be rebutted by showing that control does not in fact exist. +(g) “Claimant” means an insured making a first party claim or a person instituting a liability claim. However, no person who is an affiliate of the insolvent insurer may be a claimant. +(h) “Ocean marine insurance” includes marine insurance as defined in Section 103, except for inland marine insurance, as well as any other form of insurance, regardless of the name, label, or marketing designation of the insurance policy, that insures against maritime perils or risks and other related perils or risks, that are usually insured against by traditional marine insurance such as hull and machinery, marine builders’ risks, and marine protection and indemnity. Those perils and risks insured against include, without limitation, loss, damage, or expense or legal liability of the insured arising out of or incident to ownership, operation, chartering, maintenance, use, repair, or construction of a vessel, craft, or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness, or death for loss or damage to the property of the insured or another person. +(i) “Unearned premium” means that portion of a premium as calculated by the liquidator that had not been earned because of the cancellation of the insolvent insurer’s policy and is that premium remaining for the unexpired term of the insolvent insurer’s policy. “Unearned premium” does not include any amount sought as return of a premium under a policy providing retroactive insurance of a known loss or return of a premium under a retrospectively rated policy or a policy subject to a contingent surcharge or a policy in which the final determination of the premium cost is computed after expiration of the policy and is calculated on the basis of actual loss experienced during the policy period.","Existing law establishes the California Insurance Guarantee Association to provide coverage against losses arising from the failure of an insolvent property, casualty, or workers’ compensation insurer to discharge its obligations under its insurance policies. Existing law requires the association to pay and discharge all “covered claims,” which includes the obligations of the insolvent insurer. +This bill would additionally provide that a “covered claim” includes a claim filed by an employee of a general employer that has entered into a contractual relationship with a special employer that is a self-insured governmental entity. The bill would provide that in that case, if certain criteria are met, the contractual agreement would be conclusive proof that the special employer never intended to provide workers’ compensation insurance for the employees of the general employer.","An act to amend Section 1063.1 of the Insurance Code, relating to the California Insurance Guarantee Association." +175,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 987.8 of the Penal Code is amended to read: +987.8. +(a) Upon a finding by the court that a defendant is entitled to counsel but is unable to employ counsel, the court may hold a hearing or, in its discretion, order the defendant to appear before a county officer designated by the court, to determine whether the defendant owns or has an interest in any real property or other assets subject to attachment and not otherwise exempt by law. The court may impose a lien on any real property owned by the defendant, or in which the defendant has an interest to the extent permitted by law. The lien shall contain a legal description of the property, shall be recorded with the county recorder in the county or counties in which the property is located, and shall have priority over subsequently recorded liens or encumbrances. The county shall have the right to enforce its lien for the payment of providing legal assistance to an indigent defendant in the same manner as other lienholders by way of attachment, except that a county shall not enforce its lien on a defendant’s principal place of residence pursuant to a writ of execution. No lien shall be effective as against a bona fide purchaser without notice of the lien. +(b) In any case in which a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court, or upon the withdrawal of the public defender or appointed private counsel, the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof. The court may, in its discretion, hold one such additional hearing within six months of the conclusion of the criminal proceedings. The court may, in its discretion, order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of the legal assistance provided. +(c) In any case in which the defendant hires counsel replacing a publicly provided attorney; in which the public defender or appointed counsel was required by the court to proceed with the case after a determination by the public defender that the defendant is not indigent; or, in which the defendant, at the conclusion of the case, appears to have sufficient assets to repay, without undue hardship, all or a portion of the cost of the legal assistance provided to him or her, by monthly installments or otherwise; the court shall make a determination of the defendant’s ability to pay as provided in subdivision (b), and may, in its discretion, make other orders as provided in that subdivision. +This subdivision applies to a county only upon the adoption of a resolution by the board of supervisors to that effect. +(d) If the defendant, after having been ordered to appear before a county officer, has been given proper notice and fails to appear before a county officer within 20 working days, the county officer shall recommend to the court that the full cost of the legal assistance shall be ordered to be paid by the defendant. The notice to the defendant shall contain all of the following: +(1) A statement of the cost of the legal assistance provided to the defendant as determined by the court. +(2) The defendant’s procedural rights under this section. +(3) The time limit within which the defendant’s response is required. +(4) A warning that if the defendant fails to appear before the designated officer, the officer will recommend that the court order the defendant to pay the full cost of the legal assistance provided to him or her. +(e) At a hearing, the defendant shall be entitled to, but shall not be limited to, all of the following rights: +(1) The right to be heard in person. +(2) The right to present witnesses and other documentary evidence. +(3) The right to confront and cross-examine adverse witnesses. +(4) The right to have the evidence against him or her disclosed to him or her. +(5) The right to a written statement of the findings of the court. +If the court determines that the defendant has the present ability to pay all or a part of the cost, the court shall set the amount to be reimbursed and order the defendant to pay the sum to the county in the manner in which the court believes reasonable and compatible with the defendant’s financial ability. Failure of a defendant who is not in custody to appear after due notice is a sufficient basis for an order directing the defendant to pay the full cost of the legal assistance determined by the court. The order to pay all or a part of the costs may be enforced in the manner provided for enforcement of money judgments generally but may not be enforced by contempt. +Any order entered under this subdivision is subject to relief under Section 473 of the Code of Civil Procedure. +(f) Prior to the furnishing of counsel or legal assistance by the court, the court shall give notice to the defendant that the court may, after a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost of counsel. The court shall also give notice that, if the court determines that the defendant has the present ability, the court shall order him or her to pay all or a part of the cost. The notice shall inform the defendant that the order shall have the same force and effect as a judgment in a civil action and shall be subject to enforcement against the property of the defendant in the same manner as any other money judgment. +(g) As used in this section: +(1) “Legal assistance” means legal counsel and supportive services including, but not limited to, medical and psychiatric examinations, investigative services, expert testimony, or any other form of services provided to assist the defendant in the preparation and presentation of the defendant’s case. +(2) “Ability to pay” means the overall capability of the defendant to reimburse the costs, or a portion of the costs, of the legal assistance provided to him or her, and shall include, but not be limited to, all of the following: +(A) The defendant’s present financial position. +(B) The defendant’s reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining the defendant’s reasonably discernible future financial position. Unless the court finds unusual circumstances, a defendant sentenced to state prison, or to county jail for a period longer than 364 days, including, but not limited to, a sentence imposed pursuant to subdivision (h) of Section 1170, shall be determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense. +(C) The likelihood that the defendant shall be able to obtain employment within a six-month period from the date of the hearing. +(D) Any other factor or factors that may bear upon the defendant’s financial capability to reimburse the county for the costs of the legal assistance provided to the defendant. +(h) At any time during the pendency of the judgment rendered according to the terms of this section, a defendant against whom a judgment has been rendered may petition the rendering court to modify or vacate its previous judgment on the grounds of a change in circumstances with regard to the defendant’s ability to pay the judgment. The court shall advise the defendant of this right at the time it renders the judgment. +(i) This section shall apply to all proceedings, including contempt proceedings, in which the party is represented by a public defender or appointed counsel.","Existing law requires a court to assign counsel to defend a defendant if the defendant desires the assistance of counsel and cannot afford to pay for counsel. Upon conclusion of the proceedings against the defendant, or withdrawal of counsel, existing law authorizes the court to make a determination of the ability of a defendant to pay all or a portion of his or her defense. Existing law authorizes the court to order a defendant to reimburse the county for those costs. Existing law provides a presumption that a defendant sentenced to state prison is determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense, except as specified. +This bill would extend that presumption to a defendant sentenced to county jail for a period longer than 364 days.","An act to amend Section 987.8 of the Penal Code, relating to criminal procedure." +176,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11546.1 of the Government Code is amended to read: +11546.1. +The Department of Technology shall improve the governance and implementation of information technology by standardizing reporting relationships, roles, and responsibilities for setting information technology priorities. +(a) (1) Each state agency shall have a chief information officer who is appointed by the head of the state agency, or by the head’s designee, subject to the approval of the Department of Technology. +(2) A chief information officer appointed under this subdivision shall do all of the following: +(A) Oversee the information technology portfolio and information technology services within his or her state agency through the operational oversight of information technology budgets of departments, boards, bureaus, and offices within the state agency. +(B) Develop the enterprise architecture for his or her state agency, subject to the review and approval of the Department of Technology, to rationalize, standardize, and consolidate information technology applications, assets, infrastructure, data, and procedures for all departments, boards, bureaus, and offices within the state agency. +(C) Ensure that all departments, boards, bureaus, and offices within the state agency are in compliance with the state information technology +policy. +policy, and statutes, including, but not limited to, subdivision (d) of Section 11135. +(b) (1) Each state entity shall have a chief information officer who is appointed by the head of the state entity. +(2) A chief information officer appointed under this subdivision shall do all of the following: +(A) Supervise all information technology and telecommunications activities within his or her state entity, including, but not limited to, information technology, information security, and telecommunications personnel, contractors, systems, assets, projects, purchases, and contracts. +(B) Ensure the entity conforms with state information technology and telecommunications policy +and +, +enterprise +architecture +architecture, and statutes, including, but not limited to, subdivision (d) of Section 11135 +. +(c) Each state agency shall have an information security officer appointed by the head of the state agency, or the head’s designee, subject to the approval by the Department of Technology. The state agency’s information security officer appointed under this subdivision shall report to the state agency’s chief information officer. +(d) Each state entity shall have an information security officer who is appointed by the head of the state entity. An information security officer shall report to the chief information officer of his or her state entity. The Department of Technology shall develop specific qualification criteria for an information security officer. If a state entity cannot fund a position for an information security officer, the entity’s chief information officer shall perform the duties assigned to the information security officer. The chief information officer shall coordinate with the Department of Technology for any necessary support. +(e) (1) For purposes of this section, “state agency” means the Transportation Agency, Department of Corrections and Rehabilitation, Department of Veterans Affairs, Business, Consumer Services, and Housing Agency, Natural Resources Agency, California Health and Human Services Agency, California Environmental Protection Agency, Labor and Workforce Development Agency, and Department of Food and Agriculture. +(2) For purposes of this section, “state entity” means an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and offices that are not defined as a “state agency” pursuant to paragraph (1). +(f) A state entity that is not defined under subdivision (e) may voluntarily comply with any of the requirements of Sections 11546.2 and 11546.3 and may request assistance from the Department of Technology to do so. +SEC. 2. +Chapter 5.8 (commencing with Section 11549.20) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: +CHAPTER 5.8. Office of Accessible Technology +11549.20. +(a) There is in the Government Operations Agency, within the Department of Technology, the Office of Accessible Technology. The purpose of the Office of Accessible Technology is to monitor and facilitate compliance of state electronic and information technology with the requirements of subdivision (d) of Section 11135. +(b) The office shall be under the direction of a chief, who shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. The chief shall report to the Director of Technology and shall lead the office in carrying out its mission. The chief shall possess knowledge and expertise in evaluating compliance with the accessibility requirements of Section 508 of the federal Rehabilitation Act of 1973, as amended (29 U.S.C. Sec. 794d), and regulations implementing that act as set forth in Part 1194 of Title 36 of the Federal Code of Regulations. +(c) For purposes of this chapter, the following terms shall have the following meanings: +(1) “Chief” means the Chief of the Office of Accessible Technology. +(2) “Office” means the Office of Accessible Technology. +11549.22. +The chief shall do all of the following: +(a) Develop and update statewide policies, standards, and procedures for ensuring compliance with the requirements of subdivision (d) of Section 11135. +(b) Provide training to chief information officers appointed pursuant to Section 11546.1. +(c) Audit compliance of state electronic and information technology with the requirements of subdivision (d) of Section 11135 and cooperate with chief information officers, as necessary, to develop corrective action plans for achieving compliance. +(d) Manage complaints from state employees and members of the public related to the requirements of subdivision (d) of Section 11135. +11549.24. +The chief shall post the results of all audits conducted pursuant to this chapter on the office’s Internet Web site. +11549.26. +The office shall consult with the Director of Technology, the Director of Rehabilitation, the Director of General Services, the Chancellor of the California State University, and any other relevant agencies concerning policies, standards, and procedures related to accessible technology. +11549.28. +This chapter shall become operative only upon the Legislature making an appropriation to implement the provisions of this chapter, and thereafter shall remain operative.","(1) Existing law establishes the Department of Technology, within the Government Operations Agency, headed by the Director of Technology, who is also known as the State Chief Information Officer. The department is responsible for the approval and oversight of information technology projects by, among other things, consulting with agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs and consider feasible alternatives to address the identified needs and benefits consistent with statewide strategies, policies, and procedures. +This bill would establish, in the Government Operations Agency within the Department of Technology, the Office of Accessible Technology to monitor and facilitate compliance of state electronic and information technology with the requirements of certain state and federal laws relating to the accessibility of technology. This bill would require the office to be headed by a Chief of the Office of Accessible Technology who is required to, among other things, audit compliance of state electronic and information technology with the requirements of state and federal laws relating to the accessibility of technology, train chief information officers in other state agencies and entities, and manage complaints from state employees and members of the public relating to the accessibility of technology. This bill would also require the chief to post the results of all audits on the office’s Internet Web site. This bill would make these provisions operative only upon the Legislature making an appropriation to implement them. +(2) Existing law requires each state agency and each state entity, as those terms are defined, to have a chief information officer with specified duties relating to information technology. +This bill would specifically include ensuring compliance with state and federal laws relating to the accessibility of technology among the duties of those chief information officers.","An act to amend Section 11546.1 of, and to add Chapter 5.8 (commencing with Section 11549.20) to Part 1 of Division 3 of Title 2 of, the Government Code, relating to state government." +177,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 5.9 (commencing with Section 42360) is added to Part 3 of Division 30 of the Public Resources Code, to read: +CHAPTER 5.9. Plastic Microbeads Nuisance Prevention Law +42360. +The Legislature finds and declares all of the following: +(a) Conventional plastic does not biodegrade into elements or compounds commonly found in nature like other organic materials, but, instead, upon exposure to the elements photodegrades into smaller pieces of plastic causing land and water pollution that is virtually impossible to remediate. +(b) Plastic pollution is the dominant type of anthropogenic debris found throughout the marine environment. +(c) Plastic pollution is an environmental and human health hazard and a public nuisance. +(d) Personal care products such as facial scrubs, soaps, and toothpaste increasingly contain thousands of synthetic plastic microbeads, ranging from 50 - 500 microns, that are flushed down drains or make their way into the environment by other means as part of their intended use. +(e) Some synthetic plastic microbeads are not recoverable through wastewater treatment facilities in the state and may be released into the environment. +(f) Synthetic plastic microbeads have been found in surface waters within the United States, as well as in fish, marine mammals, and reptiles, and in the digestive and circulatory systems of mussels and worms. +(g) There are economically feasible alternatives to synthetic plastic microbeads used in personal care products, as evidenced by the current use of biodegradable, natural, abrasive materials in personal care products such as beeswax, shells, nuts, and seeds. +42361. +As used in this chapter, the following terms have the following meanings: +(a) “Person” means an individual, business, or other entity. +(b) “Personal care product” means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced to, or otherwise applied to, the human body or any part of the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance, and an article intended for use as a component of that type of article. +(c) “Synthetic plastic microbead” means an intentionally added non-biodegradable solid plastic particle measuring five millimeters in size or less in every dimension, that retains its shape during use and after disposal, and that is used to exfoliate or cleanse in a rinse-off personal care product. +42362. +On and after January 1, 2020, a person shall not sell or offer for promotional purposes in this state any personal care product containing synthetic plastic microbeads. +42363. +Section 42362 shall not apply to a person that sells or offers for promotional purposes a personal care product containing synthetic plastic microbeads in less than 1 part per million (ppm) by weight. +42364. +(a) A person who violates or threatens to violate Section 42362 may be enjoined in any court of competent jurisdiction. +(b) (1) A person who has violated Section 42362 is liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation in addition to any other penalty established by law. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. +(2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following: +(A) The nature and extent of the violation. +(B) The number of, and severity of, the violations. +(C) The economic effect of the penalty on the violator. +(D) Whether the violator took good faith measures to comply with this chapter and when these measures were taken. +(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole. +(F) Any other factor that justice may require. +(c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state. +(d) Civil penalties collected pursuant to this section shall be paid to the office of the Attorney General and are available to that office, upon appropriation by the Legislature, for the purpose of enforcing this chapter. +42365. +This chapter does not alter or diminish any legal obligation otherwise required in common law or by statute or regulation, and this chapter does not create or enlarge any defense in any action to enforce the legal obligation. Penalties and sanctions imposed pursuant to this chapter shall be in addition to any penalties or sanctions otherwise prescribed by law. +42366. +Commencing January 1, 2016, a city, county, or other local public agency shall not adopt, amend, enforce, or otherwise implement, a local ordinance, resolution, regulation, or rule relating to the sale or offering for promotional purposes of personal care products that contain synthetic plastic microbeads. +SECTION 1. +It is the intent of the Legislature to enact legislation that would prevent water pollution from synthetic plastic microbeads.","The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from discharging or releasing such a chemical into any source of drinking water, except as specified. Existing law prohibits the sale of expanded polystyrene packaging material by a wholesaler or manufacturer. Existing law prohibits a person from selling a plastic product in this state that is labeled with the term “compostable,” “home compostable,” or “marine degradable” unless, at the time of sale, the plastic product meets the applicable ASTM International standard specification. +This bill would prohibit, on and after January 1, 2020, a person, as defined, from selling or offering for promotional purposes in this state a personal care product containing synthetic plastic microbeads, as specified. The bill would exempt from those prohibitions the sale or promotional offer of a product containing less than 1 part per million (ppm) by weight of synthetic plastic microbeads, as provided. +The bill would make a violator liable for a civil penalty not to exceed $2,500 per day for each violation. The bill would authorize the penalty to be assessed and recovered in a civil action brought in any court of competent jurisdiction by the Attorney General, to be retained by that office. The bill would make these moneys available to the office of the Attorney General, upon appropriation, for the purpose of enforcing these provisions. The bill would prohibit a city, county, or other local public agency from adopting, amending enforcing, or otherwise implementing an ordinance, resolution, regulation, or rule relating to the sale or offering for promotional purposes of personal care products that contain synthetic plastic microbeads. +The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from discharging or releasing such a chemical into any source of drinking water, except as specified. +This bill would declare the intent of the Legislature to enact legislation that would prevent water pollution from synthetic plastic microbeads.","An act relating to waste management. +An act to add Chapter 5.9 (commencing with Section 42360) to Part 3 of Division 30 of the Public Resources Code, relating to waste management." +178,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 22358.4 of the Vehicle Code is amended to read: +22358.4. +(a) (1) +Whenever +If +a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by paragraph (2) of subdivision (a) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey. +(2) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. +(b) (1) Notwithstanding subdivision (a) or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows: +(A) A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than +500 +1,320 +feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per +hour, while children are going to or leaving the school, either during school hours or during the noon recess period. +hour. +The prima facie limit shall also apply when approaching, at a distance of less than 500 feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier +while the grounds are in use by children +and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour. +(B) A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to +1,000 +1,320 +feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per +hour, while children are going to or leaving the school, either during school hours or during the noon recess period. +hour. +The prima facie limit shall also apply when approaching, at a distance of 500 to +1,000 +1,320 +feet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier +while the grounds are in use by children +and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour. +(2) The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions: +(A) A maximum of two traffic lanes. +(B) A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone. +(3) The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel. +(4) When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration. +(5) (A) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. +(B) For purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to +500 +1,320 +feet away from school grounds. +(C) For purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and +1,000 +1,320 +feet away from the school grounds. +(D) A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision. +(E) Notwithstanding the maximum distance established in this section, a local authority may, upon the basis of an engineering and travel survey documenting school attendance boundaries or travel patterns to and from a school, or both, extend the maximum distance to establish a prima facie speed limit and school warnings signs, as defined in this section, to a distance or specific locations, or both, consistent with the findings of the travel survey. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law establishes a 25 miles per hour prima facie limit when approaching or passing a school building or the grounds thereof, contiguous to a highway and posted up to 500 feet away from the school grounds, with a standard “SCHOOL” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit also applies when approaching or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard “SCHOOL” warning sign. A violation of that prima facie limit is an infraction. +Existing law additionally allows a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 15 miles per hour prima facie limit when approaching, at a distance of less than 500 feet from, or passing, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit would also apply when approaching, at that same distance, or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with one of those signs. +Existing law additionally allows a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 25 miles per hour prima facie speed limit when approaching at a distance of 500 to 1,000 feet from a school building or grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit would also apply when approaching, at that same distance, or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with one of those signs. +This bill would allow a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 15 miles per hour prima facie speed limit when approaching, at a distance of less than 1,320 feet from, or passing, a school building or grounds thereof, contiguous of to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour 24 hours a day. This bill would provide that a 25 miles per hour prima facie limit in a residence district, on a highway, with a posted speed limit of 30 miles per hour or slower, applies, as to those local authorities, when approaching, at a distance of 500 to 1,320 feet from a school building or grounds thereof. This bill would also authorize a local authority, on the basis of an engineering and traffic survey, to extend the maximum distance to establish a prima facie speed limit and school warning signs, as specified. This bill would also allow the 15 miles per hour or 25 miles per hour prima facie speed limit to apply 24 hours a day. +By authorizing a change in the prima facie limits, the bill would expand the scope of an existing crime, thereby imposing a state-mandated local program. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 22358.4 of the Vehicle Code, relating to vehicles." +179,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 94858 of the Education Code is amended to read: +94858. +“Private postsecondary educational institution” means a private entity with a physical presence in this state that offers postsecondary education to the public for an institutional +charge. +charge, or, to the extent authorized by federal law, an accredited private entity with no physical presence in this state that offers and awards degrees to the public in this state by means of distance education for an institutional charge if it does not participate in a regional state authorization reciprocity agreement entered into or recognized by the state pursuant to Chapter 1.2 (commencing with Section 99010) of Part 65 of Division 14. +SEC. 2. +Chapter 1.2 (commencing with Section 99010) is added to Part 65 of Division 14 of Title 3 of the Education Code, to read: +CHAPTER 1.2. State Authorization Reciprocity Agreement +99010. +(a) The purpose of this chapter is to provide protection for California students enrolled in distance education programs across state boundaries and to encourage the growth and utilization by in-state students of quality online distance education offerings by accredited degree-granting colleges and universities. +(b) This chapter provides the mechanism for California colleges and universities to participate in limited interstate reciprocity among states, including through the Western Interstate Commission for Higher Education State Authorization Reciprocity Agreement. +(c) Reciprocity agreements authorized by this chapter are needed to allow institutions to be authorized to offer distance education to students in all states and United States territories because postsecondary education is controlled by the states and each state charters or licenses colleges and universities separately. +99011. +The following terms, for purposes of this chapter, shall have the following meanings: +(a) “Accredited” means an institution is accredited by an accrediting agency recognized by the United States Department of Education. +(b) “Bureau” means the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. +(c) “Participating postsecondary institution” means an institution with a physical presence in this state that has been approved to operate under a regional state authorization reciprocity agreement. +(d) “Postsecondary institution” means any accredited, degree-granting public or private university or college with a physical presence in this state and any accredited community college with a physical presence in this state. +(e) “State authorization reciprocity agreement” means a compact between this state and one or more other states to permit distance education in a state in which a provider does not have a regulated physical presence if the provider has a physical presence and is authorized to operate in another state subject to the agreement. +99012. +(a) The Department of Consumer Affairs may enter into a regional state authorization reciprocity agreement with other states through a compact on behalf of this state. +(b) Before entering into a compact authorized by subdivision (a), the Bureau shall establish a process to ensure that educational institutions exempt from the California Private Postsecondary Act of 2009 pursuant to Section 94874, may participate in the state authorization reciprocity agreement without impacting their exempt status. +(c) For the purposes of establishing and implementing the state authorization reciprocity agreement, the Bureau shall enter into a memorandum of understanding with the President of the University of California, the Chancellor of the California State University, the Chancellor of the California Community Colleges, and the presidents of the independent California colleges and universities as represented by the state association representing the largest number of those members. This memorandum of understanding shall not weaken existing student privacy and confidentiality protections. +(d) The Bureau may establish a reasonable fee to be paid to the Department of Consumer Affairs by a participating postsecondary institution pursuant to this section. The amount of the fee shall be established to recover designated expenses incurred by the Department of Consumer Affairs in administering the provisions of this section. +SECTION 1. +Section 66027.6 is added to the +Education Code +, to read: +66027.6. +The Governor is authorized to enter into an interstate reciprocity agreement for purposes of oversight of postsecondary educational institutions offering postsecondary education in states in which they maintain no physical presence, provided that the agreement ensures that students enrolled in private postsecondary educational institutions without a physical presence in this state that are not independent institutions, as defined in subdivision (b) of Section 66010, are provided at least with a similar level of consumer protection as would be provided if the institutions were regulated by the Bureau for Private Postsecondary Education.","Under existing law, the segments of postsecondary education in this state include the University of California, the California State University, the California Community Colleges, independent institutions of higher education, and private postsecondary educational institutions. +Existing law, the California Private Postsecondary Education Act of 2009, provides, among other things, for student protections and regulatory oversight of private postsecondary institutions in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. The act exempts specified institutions from its provisions, does not apply to private postsecondary educational institutions that do not maintain a physical presence in the state, and is repealed on January 1, 2017. +The act defines “private postsecondary educational institution” for these purposes. +This bill would authorize the Governor to enter into an interstate reciprocity agreement for purposes of oversight of postsecondary educational institutions offering postsecondary education in states in which they maintain no physical presence, as specified. +This bill would, to the extent authorized by federal law, apply the act to an accredited private entity with no physical presence in this state that offers and awards degrees to the public in this state by means of distance education for an institutional charge if the entity does not participate in a regional state authorization reciprocity agreement entered into or recognized by the state pursuant to specified law. The bill would authorize the Department of Consumer Affairs to enter into a regional state authorization reciprocity agreement with other states through a compact on behalf of this state. The compact would provide that an entity regulated in one member state would be able to provide distance education in other member states. The bill would require the bureau, before entering into a compact, to establish a process to ensure that certain educational institutions that are exempt from the act may participate in the state authorization reciprocity agreement without impacting their exempt status. The bill would require the bureau to enter into a memorandum of understanding with certain educational officials for the purpose of establishing and implementing the state authorization reciprocity agreement, as specified. The bill would authorize the bureau to establish a reasonable fee to be paid to the Department of Consumer Affairs by a participating postsecondary institution, as specified.","An act to +amend Section 94858 of, and to +add +Section 66027.6 to +Chapter 1.2 (commencing with Section 99010) to Part 65 of Division 14 of Title 3 of, +the Education Code, relating to postsecondary education." +180,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) In August 2009, Governor Arnold Schwarzenegger signed Senate Bill 670 (Chapter 62 of the Statutes of 2009) which established a temporary ban on the use of vacuum or suction dredge equipment until after the Department of Fish and Wildlife completed a court-ordered environmental review of its related permitting program and existing regulations. +(b) In July 2011, Governor Schwarzenegger signed Assembly Bill 120 (Chapter 133 of the Statutes of 2011), extending the prohibition on the use of vacuum or suction dredge equipment to June 2016 or, if earlier, until the Director of Fish and Wildlife certified five conditions to the Secretary of State, including completion of the court-ordered environmental review, the adoption of and operation of any updated regulations implementing Section 5653 of the Fish and Game Code, full mitigation of all identified significant environmental effects, and the existence of a permit fee structure that would fully cover all costs incurred by the department to administer its permitting program. +(c) In March 2012, the Department of Fish and Wildlife completed the court-ordered environmental review and rulemaking effort, certifying the environmental impact report and adopting updated regulations to implement and administer its related permitting program pursuant to Section 5653 of the Fish and Game Code. In certifying the environmental impact report and adopting the regulations, the department found, for purposes of the California Environmental Quality Act (CEQA), that, among other things, significant effects on the environment had to be mitigated to the extent feasible consistent with enabling statutory authority directing the department to promulgate the updated regulations, but the use of vacuum or suction dredging equipment to extract minerals would result in various significant and unavoidable environmental effects beyond the substantive reach of the department in promulgating the regulations. The department considers the environmental impact report it certified in March 2012 to be the most comprehensive, technical review of suction dredge mining ever prepared in California. +(d) As to significant and unavoidable effects, in March 2012, the Department of Fish and Wildlife determined, for purposes of CEQA, that the use of vacuum or suction dredge equipment, consistent with the updated regulations implementing Section 5653 of the Fish and Game Code, could result in effects associated with the following: +(1) The resuspension and discharge of mercury and trace metals. +(2) Turbidity and total suspended sediment. +(3) Substantial adverse changes, when considered statewide, in the significance of historical and unique archaeological resources. +(4) Riparian habitat of special status passerines. +(5) Effects on nonfish wildlife species and their habitat. +(6) Exposure of the public to noise levels in excess of city or county standards. +(e) In June 2012, Governor Brown signed Senate Bill 1018 (Chapter 39 of the Statutes of 2012), which eliminated the sunset provision from Assembly Bill 120. Senate Bill 1018 also directed the department to consult with various agencies and to provide recommendations to the Legislature by April 1, 2013, regarding statutory changes or authorizations necessary for the department to promulgate suction dredge regulations. Those recommendations were to include ways to fully mitigate all identified significant environmental impacts and a fee structure to cover the department’s costs of administering the program. +(f) On April 1, 2013, the department submitted the required report to the Legislature. The report provides specific recommendations for statutory amendments necessary to modernize the regulation of suction dredge mining under the Fish and Game Code, and reflects the department’s efforts to consult with, and includes related additional recommendations from, various other state agencies, including the State Water Resources Control Board. The State Water Resources Control Board in its related letter appended to the department’s report emphasized that the State Water Resources Control Board and its sister agencies, the regional water quality control boards, are tasked with the protection, control, and utilization of all waters of the state and may regulate any activity or factor that may affect water quality. +(g) In January 2015, the California Supreme Court granted a petition for review to consider whether the federal Mining Act of 1872 (30 U.S.C. Sec. 22 et seq.) preempts Sections 5653 and 5653.1 of the Fish and Game Code with respect to the use of vacuum and suction dredging equipment (People v. Rinehart, Case No. S222620). +(h) Given the importance of protecting the water supply for all Californians from degradation, the need to protect what is left of California native cultural sites, and the value of protecting the state’s wildlife, it is urgent that the Legislature act immediately to clarify the laws regulating suction dredge mining and other related forms of small scale motorized gold mining in the state’s streams and waterways. +SEC. 2. +Section 5653 of the Fish and Game Code is amended to read: +5653. +(a) The use of vacuum or suction dredge equipment by a person in a river, stream, or lake of this state is prohibited, except as authorized under a permit issued to that person by the department in compliance with the regulations adopted pursuant to Section 5653.9. Before a person uses vacuum or suction dredge equipment in a river, stream, or lake of this state, that person shall submit an application to the department for a permit to use the vacuum or suction dredge equipment, specifying the type and size of equipment to be used and other information as the department may require pursuant to regulations adopted by the department to implement this section. +(b) (1) The department shall not issue a permit for the use of vacuum or suction dredge equipment until the permit application is deemed complete. A complete permit application shall include any other permit required by the department and one of the following, as applicable: +(A) A copy of waste discharge requirements or a waiver of waste discharge requirements issued by the State Water Resources Control Board or a regional water quality control board in accordance with Division 7 (commencing with Section 13000) of the Water Code. +(B) A copy of a certification issued by the State Water Resources Control Board or a regional water quality control board and a permit issued by the United States Army Corps of Engineers in accordance with Sections 401 and 404 of the Federal Water Pollution Control Act (33 U.S.C. Secs. 1341 and 1344, respectively) to use vacuum or suction dredge equipment. +(C) If the State Water Resources Control Board or the appropriate regional water quality control board determines that waste discharge requirements, a waiver of waste discharge requirements, or a certification in accordance with Section 1341 of Title 33 of the United States Code is not necessary for the applicant to use of vacuum or suction dredge equipment, a letter stating this determination signed by the Executive Director of the State Water Resources Control Board, the executive officer of the appropriate regional water quality control board, or their designee. +(c) Under the regulations adopted pursuant to Section 5653.9, the department shall designate waters or areas wherein vacuum or suction dredge equipment may be used pursuant to a permit, waters or areas closed to the use of that equipment, the maximum size of the vacuum or suction dredge equipment that may be used, and the time of year when the equipment may be used. If the department determines, pursuant to the regulations adopted pursuant to Section 5653.9, that the use of vacuum or suction dredge equipment does not cause any significant effects to fish and wildlife, it shall issue a permit to the applicant. If a person uses vacuum or suction dredge equipment other than as authorized by a permit issued by the department consistent with regulations implementing this section, that person is guilty of a misdemeanor. +(d) (1) Except as provided in paragraph (2), the department shall issue a permit upon the payment, in the case of a resident, of a base fee of twenty-five dollars ($25), as adjusted under Section 713, when an onsite investigation of the project size is not deemed necessary by the department, and a base fee of one hundred thirty dollars ($130), as adjusted under Section 713, when the department deems that an onsite investigation is necessary. Except as provided in paragraph (2), in the case of a nonresident, the base fee shall be one hundred dollars ($100), as adjusted under Section 713, when an onsite investigation is not deemed necessary, and a base fee of two hundred twenty dollars ($220), as adjusted under Section 713, when an onsite investigation is deemed necessary. +(2) The department may adjust the base fees for a permit described in this subdivision to an amount sufficient to cover all reasonable costs of the department in regulating suction dredging activities. +(e) It is unlawful to possess a vacuum or suction dredge in areas, or in or within 100 yards of waters, that are closed to the use of vacuum or suction dredges. +(f) A permit issued by the department under this section shall not authorize an activity in violation of other applicable requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment, including those adopted by the State Water Resources Control Board or a regional water quality control board. The department, the State Water Resources Control Board, and the regional water quality control boards shall make reasonable efforts to share information among the agencies regarding potential violations of requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment. +(g) For purposes of this section and Section 5653.1, the use of vacuum or suction dredge equipment, also known as suction dredging, is the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals. This section and Section 5653.1 do not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold. +SEC. 3. +Section 13172.5 is added to the Water Code, to read: +13172.5. +(a) For purposes of this section, the use of any vacuum or suction dredge equipment, also known as suction dredging, is the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals. This section does not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold. +(b) In order to protect water quality, the state board or a regional board may take one or more of the following actions: +(1) Adopt waste discharge requirements or a waiver of waste discharge requirements that, at a minimum, address the water quality impacts of each of the following: +(A) Mercury loading to downstream reaches of surface water bodies affected by the use of vacuum or suction dredge equipment. +(B) Methylmercury formation in water bodies. +(C) Bioaccumulation of mercury in aquatic organisms. +(D) Resuspension of metals. +(2) Specify certain conditions or areas where the discharge of waste or other adverse impacts on beneficial uses of the waters of the state from the use of vacuum or suction dredge equipment is prohibited, consistent with Section 13243. +(3) Prohibit any particular use of, or methods of using, vacuum or suction dredge equipment, or any portion thereof, for the extraction of minerals that the state board or a regional board determines generally cause or contribute to an exceedance of applicable water quality objectives or unreasonably impact beneficial uses. +(c) (1) Before determining what action to take pursuant to subdivision (b), the state board shall solicit stakeholder input by conducting public workshops in the vicinity of the cities of San Bernardino, Fresno, Sacramento, and Redding. A regional board considering independent action pursuant to subdivision (b) shall solicit stakeholder input by conducting at least one public workshop in that board’s region. To promote participation in the public workshops, the state board or regional board shall proactively reach out to mining groups, environmental organizations, and California Native American tribes, as defined in Section 21073 of the Public Resources Code. +(2) Before taking a proposed action pursuant to subdivision (b), the state board or regional board shall conduct at least one public hearing regarding that proposed action pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). +(3) To avoid duplication of efforts between the state board and a regional board of a public workshop or public hearing that covers the same regional area, the state board and a regional board may work in collaboration to share information obtained through the public workshops or public hearing. +SEC. 4. +The Legislature also finds and declares that, except for water quality, after complying with the Governor’s Executive Order B-10-11 regarding tribal consultation and additional consultation requirements pursuant to Chapter 532 of the Statutes of 2014, also known as Assembly Bill 52 (Gatto), the Department of Fish and Wildlife may determine, for purposes of Section 5653.1 of the Fish and Game Code, that significant environmental impacts to resources other than fish and wildlife resources caused by the use of vacuum or suction dredge equipment for the extraction of minerals are fully mitigated if a regulation adopted by the department to implement and interpret Section 5653 of the Fish and Game Code requires compliance with other laws and provides, in part, that nothing in a permit or amended permit issued by the department relieves the permittee of responsibility to comply with all applicable federal, state, or local laws or ordinances.","Existing law prohibits the use of any vacuum or suction dredge equipment by any person in any river, stream, or lake of this state without a permit issued by the Department of Fish and Wildlife. Existing law requires, before any person uses any vacuum or suction dredge equipment in any river, stream, or lake of this state, that person to submit an application for a permit for a vacuum or suction dredge to the department specifying certain information. Existing law requires the department to issue a permit, if the department determines that the use of a vacuum or suction dredge will not be deleterious to fish, upon the payment of a specified fee. Existing law designates the issuance of permits to operate vacuum or suction dredge equipment to be a project under the California Environmental Quality Act and suspends the issuance of permits and mining pursuant to a permit until the department has completed an environmental impact report for the project as ordered by the court in a specified court action. Existing law prohibits the use of any vacuum or suction dredge equipment in any river, stream, or lake of this state until the Director of Fish and Wildlife makes a prescribed certification to the Secretary of State, including certifying that new regulations fully mitigate all identified significant environmental impacts and that a fee structure is in place that will fully cover all costs to the department related to the administration of the program. +This bill would require the department to issue a permit if the department determines that the use does not cause any significant effects to fish and wildlife and would authorize the department to adjust the specified fee to an amount sufficient to cover all reasonable costs of the department in regulating suction dredging activities. This bill would prohibit the department from issuing a permit until the permit application is deemed complete, as prescribed. The bill would prohibit the permit from authorizing any activity in violation of other applicable requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment, and would require the department, the State Water Resources Control Board, and the regional water quality control boards to make reasonable efforts to share information among the agencies regarding potential violations of requirements, conditions, or prohibitions. +Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the Federal Water Pollution Control Act and the Porter-Cologne Water Quality Control Act (state act). The state act, with certain exceptions, requires a waste discharger to file certain information with the appropriate regional board and to pay an annual fee. The state act additionally requires a person, before discharging mining waste, to submit to the regional board a report on the physical and chemical characteristics of the waste that could affect its potential to cause pollution or contamination and a report that evaluates the potential of the mining waste discharge to produce acid mine drainage, the discharge or leaching of heavy metals, or the release of other hazardous substances. +This bill would, after prescribed public hearings and workshops, as specified, authorize the state board or a regional board to adopt waste discharge requirements or a waiver of waste discharge requirements that address water quality impacts of specified issues, specify certain conditions or areas where the discharge of waste or other adverse impacts on beneficial uses of the waters of the state from the use of vacuum or suction dredge equipment is prohibited, or prohibit particular use of, or methods of using, vacuum or suction dredge equipment, or any portion thereof, for the extraction of minerals, as specified. +The bill would specify that the use of vacuum or suction dredge equipment is defined as the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals.","An act to amend Section 5653 of the Fish and Game Code, and to add Section 13172.5 to the Water Code, relating to dredging." +181,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California’s vision to create fulfilling lives for individuals with developmental disabilities launched in 1969 with the passage of the Lanterman Developmental Disabilities Services Act, authored by Assembly Member Frank Lanterman and signed by Governor Ronald Reagan. However, the Lanterman Act’s vision is now threatened by neglect of the community service system and wasteful spending on outdated state institutions. +(b) State-operated institutions known as developmental centers consume a disproportionate share of state spending. The developmental center budget totals over $563 million for the 2014–15 fiscal year, or $504,000 for each of the roughly 1,100 developmental center residents in those centers. Compare this to the average of $17,000 spent on each of the 280,000 individuals with developmental disabilities that reside and receive services in the community. +(c) Additionally, the developmental center system is plagued with health and safety problems that threaten the well-being of residents. The Sonoma Developmental Center lost its federal certification in 2012 due to significant health and safety violations, which not only harmed residents but also resulted in the loss of millions of dollars annually in federal funds. The other developmental centers are also facing the possibility of decertification based on violations of federal health and safety standards. +(d) The Legislature finds that it would not be prudent to continue spending state funds in a potentially futile effort to restore decertified residential units to good standing. Instead, residents of units that do not meet health and safety standards would be better served by receiving priority for transferring to community-based residences with appropriate services and supports. +(e) The closure process for the Agnews Developmental Center, which moved out its last resident in 2009, began in 2003. The closure process for the Lanterman Developmental Center took over four years. While care and caution were essential to ensure that residents found suitable housing and services in their communities, closing these facilities took more time than necessary to achieve those goals. +(f) The State Department of Developmental Services conducted an extensive stakeholder process known as the Developmental Services Task Force that produced a roadmap in January 2014 for the future of the developmental center system. It is the intent of the Legislature to carry out the principles reflected in that roadmap. +(g) It is essential that California recommit itself to vibrant and sustainable community services that will maximize opportunities for disabled individuals to thrive in their own neighborhoods. The Legislature intends to close additional developmental centers and shift the funds now being spent ineffectively for developmental center operations to shore up the community services system instead. +SEC. 2. +Section 4474.6 is added to the Welfare and Institutions Code, to read: +4474.6. +(a) The department shall submit a plan to the Legislature by April 1, 2016, to close the Sonoma Developmental Center and the Fairview Developmental Center. The plan shall meet the requirements of Section 4474.1 and shall additionally include, but is not limited to, all of the following components: +(1) A closure plan that will result in each of the two developmental centers closing no later than December 31, 2018. If the department concludes that it is not feasible to close the two developmental centers by that date, the plan shall provide a detailed rationale for that conclusion and a revised date for closure of each of the two centers. The revised date shall not be later than December 31, 2019. +(2) A plan to reduce developmental center staff in an efficient manner that facilitates shifting funds from developmental center operations to community services as warranted by the transition of the developmental center population to the community. +(3) A plan for using the properties occupied by the two developmental centers to benefit the developmentally disabled community on an ongoing basis. The department shall work with the Department of General Services to estimate potential revenues that may be generated from different options for use of the properties. These options shall include, but may not be limited to, the following: +(A) Providing ongoing revenues to support community-based services through lease or rental agreements between the Department of Developmental Services and private entities, local governments, or other state departments. +(B) Developing community-based, integrated housing resources for use by individuals with developmental disabilities in a manner similar to the Harbor Village development located adjacent to the Fairview Developmental Center. +(C) Other proposals for commercial development that would provide ongoing revenues to the state for purposes of supporting community-based services for individuals with developmental disabilities. +(b) The plan described in subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. +SEC. 3. +Section 4474.7 is added to the Welfare and Institutions Code, to read: +4474.7. +(a) It is the intent of the Legislature that the department minimize the expenditure of state funds related to any developmental center residential units that are decertified for failure to meet federal or state health and safety laws or regulations or that receive notification from a state or federal regulator that they are at risk of decertification for failure to meet of those laws or regulations. The department shall instead give residents of any of those units priority for moving to a community-based resid","Existing law vests in the State Department of Developmental Services jurisdiction over state hospitals referred to as developmental centers for the provision of residential care to individuals with developmental disabilities. Existing law requires the department to comply with procedural requirements when closing a developmental center, including submitting a detailed plan to the Legislature and holding at least one public hearing. Under existing law, the department allocates funds to private nonprofit entities known as regional centers, which are required to provide, or arrange for the provision of, services and supports for persons with developmental disabilities. +This bill would require the department to submit a plan to the Legislature by April 1, 2016, to close the Sonoma Developmental Center and the Fairview Developmental Center. The bill would require the plan to meet existing requirements for closing a developmental center and to additionally include, specified components, including a closure plan that will result in each of the 2 developmental centers closing no later than December 31, 2018, except as specified. The bill would also require the plan to include a plan for using the properties occupied by the 2 developmental centers, as specified, and would require the department to work with the Department of General Services to estimate potential revenues that may be generated from different options for use of the properties. +The bill would state the intent of the Legislature that the department minimize the expenditure of state funds related to any developmental center residential units that are decertified for failure to meet federal or state health and safety laws or regulations or that receive notification from a state or federal regulator that they are at risk of decertification for failure to meet those laws or regulations, and that funds previously used to operate developmental centers instead be shifted to support community-based services for individuals with developmental disabilities.","An act to add Sections 4474.6 and 4474.7 to the Welfare and Institutions Code, relating to developmental services." +182,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Persons with developmental disabilities have to struggle to find gainful employment. Statewide unemployment among people with developmental disabilities of working age is approximately 90 percent. +(b) According to the Employment Development Department, the average annual earnings of employed persons with developmental disabilities is approximately five thousand five hundred dollars ($5,500). +(c) Within the community of people with developmental disabilities, people diagnosed with autism are the fastest growing population, making up approximately 50 percent of the annual new caseload of regional centers in some areas of the state. +(d) Seven years after exiting the K-12 school system, one in three adults with autism still does not have paid work experience or a college or technical education. +(e) Nationally recognized employment internship training models like Project SEARCH have demonstrated that many people with developmental disabilities can be successfully employed in jobs that earn a living wage. +(f) The key elements of successful programs like Project SEARCH are: +(1) The opportunity for people with developmental disabilities to be exposed to real work through internships. +(2) The opportunity for people with developmental disabilities to receive on-the-job customized training and support during internships. +(3) The opportunity for employers, in an internship setting, to experience firsthand the quality of work of a person with a developmental disability. +(g) The existing state hiring process for people with disabilities, known as the Limited Examination and Appointment Program, or LEAP, is not well suited to correctly assess the qualifications and abilities of many people with developmental disabilities because it relies on written testing as an assessment tool and is not performance based. As a result, very few people with developmental disabilities are represented in the state workforce. +(h) The Governor and the Legislature must address the lack of access people with developmental disabilities have to employment opportunities with the State of California and take steps to become a “model employer” to demonstrate the potential of this untapped workforce. +(i) In enacting this measure, the Legislature intends to create more access to state employment for people with developmental disabilities by allowing successful internship performance in a state agency, in lieu of a written test, to serve as meeting the minimum qualifications for consideration for hire into an entry-level position with the State of California. The Legislature further intends to grant flexibility to state agencies to hire persons with developmental disabilities who meet specific needs of those agencies into entry-level positions without requiring those persons to be able to perform the full range of tasks typically required by the entry-level job classification. +(j) The Legislature intends that these model employer practices be targeted at people with developmental disabilities who are between 18 and 30 years of age and are deemed eligible by the Department of Rehabilitation to receive supported employment services. If this population is left without purposefully designed pathways to employment, these young adults will remain at a high risk of public dependency throughout the course of their lives. +SEC. 2. +Section 19240 of the Government Code is amended to read: +19240. +(a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service. +(b) For purposes of this article, the following terms have the following meanings: +(1) “Developmental disability” has the definition set forth in Section 4512 of the Welfare and Institutions Code. +(2) “Disability” has the definition set forth in Section 12926, as that section presently reads or as it subsequently may be amended. +(3) “LEAP” means the Limited Examination and Appointment Program implemented and administered by the department pursuant to this chapter. +(4) “Person with a developmental disability” means a person who the State Department of Developmental Services deems eligible for services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and who is a consumer of a regional center pursuant to Chapter 5 (commencing with Section 4620) of the act. +(c) Notwithstanding subdivision (b), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of persons with a mental or physical disability, as defined in subdivision (b), then that broader protection shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definition in subdivision (b). The definition of “disability” contained in subdivision (b) shall not be deemed to refer to or include conditions excluded from the federal definition of “disability” pursuant to Section 511 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211). +(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. +SEC. 3. +Section 19240 is added to the Government Code, to read: +19240. +(a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service. +(b) “Disability” for the purposes of this article has the definition set forth in Section 12926, as that section presently reads or as it subsequently may be amended. +(c) Notwithstanding subdivision (b), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental or physical disability, as defined in subdivision (b), then that broader protection shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definition in subdivision (b). The definition of “disability” contained in subdivision (b) shall not be deemed to refer to or include conditions excluded from the federal definition of “disability” pursuant to Section 511 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211). +(d) This section shall become operative on January 1, 2021. +SEC. 4. +Section 19241 of the Government Code is amended to read: +19241. +(a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, the creation of a LEAP internship program for persons with developmental disabilities in coordination with the State Department of Developmental Services and the Department of Rehabilitation, and appointment and appeals procedures. +(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. +SEC. 5. +Section 19241 is added to the Government Code, to read: +19241. +(a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, and appointment and appeals procedures. +(b) This section shall become operative on January 21, 2021. +SEC. 6. +Section 19241.5 is added to the Government Code, to read: +19241.5. +(a) This chapter establishes the Limited Examination and Appointment Program as a voluntary, additional method of applying for state employment and is not a mandate on any state agency employer or job applicant except to the extent specifically directed by the board. +(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. +SEC. 7. +Section 19242 of the Government Code is amended to read: +19242. +(a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate. +(b) (1) The department or its designee shall permit a person with a developmental disability to choose to complete a written examination or readiness evaluation, or to complete an internship as described in subparagraphs (A) and (B), in order to qualify for service in a position under the Limited Examination and Appointment Program. The use of an internship as a competitive examination of a person with a developmental disability shall consist of both of the following: +(A) Successful completion of an internship with a state agency of at least 512 hours in duration. +(B) Certification by the state agency that the employee has completed the internship and has demonstrated the skills, knowledge, and abilities necessary to successfully perform the requirements of the position. +(2) A person with a developmental disability who successfully completes the examination or internship required by this subdivision is deemed to meet the minimum qualifications, as determined by the board, for the position in which the internship was performed. +(c) Examination results may be ranked or unranked. +(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. +SEC. 8. +Section 19242 is added to the Government Code, to read: +19242. +(a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate. Examination results may be ranked or unranked. +(b) This section shall become operative on January 1, 2021. +SEC. 9. +Section 19242.05 is added to the Government Code, immediately following Section 19242, to read: +19242.05. +(a) The LEAP internship program created in accordance with Section 19241 shall be designed to allow persons with developmental disabilities to meet the minimum qualifications of the LEAP classification to which he or she seeks an examination appointment. The length of a LEAP internship shall be for a minimum period of 512 working hours. +(b) A person with a developmental disability who successfully completes a LEAP internship upon certification by the appointing power shall be considered as meeting the referral requirements necessary to be eligible for an examination appointment, as specified in Section 19242.2, without being required to pass a written examination or readiness evaluation. +(c) The LEAP internship program may be accessed as an unpaid or paid internship if the state agency providing the internship has available funding authority within its personnel budget. +(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. +SEC. 10. +Section 19242.2 of the Government Code is amended to read: +19242.2. +(a) The department or its designee shall refer the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. Notwithstanding any other provision of law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers. +(b) (1) The department or its designee shall refer the names of persons with developmental disabilities to appointing powers for selection for participation in an internship examination as set forth in subdivision (b) of Section 19242. +(2) The department or its designee may refer the names of persons with developmental disabilities who have successfully completed an internship examination to appointing powers for consideration for appointment in the same job classification as the position in which the applicant successfully completed his or her internship. +(3) The department may prescribe the method for referring names to appointing powers, including, but not limited to, working with the appointing power to identify positions that could successfully be filled by persons with developmental disabilities. +(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. +SEC. 11. +Section 19242.2 is added to the Government Code, to read: +19242.2. +(a) The department or its designee shall refer the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. Notwithstanding any other provision of law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers. +(b) This section shall become operative on January 1, 2021. +SEC. 12. +Section 19242.3 is added to the Government Code, to read: +19242.3. +(a) A state agency that provides an internship to a person with a developmental disability or appoints a person with a developmental disability to a position under the Limited Examination and Appointment Program may finance the internship or position with personnel or any other funds available for this purpose and assigned to a vacant or unfilled position. A state agency that transfers funds from a vacant or unfilled position pursuant to this section does not eliminate the vacant or unfilled position, and may return or assign funds to fill the position. +(b) (1) A state agency that provides an internship to a person with a developmental disability or appoints a person with a developmental disability to a position under the Limited Examination and Appointment Program shall allow the person to receive on-the-job support, as determined by the Department of Rehabilitation or the State Department of Developmental Services pursuant to existing rules and the service authorization of those supported employment programs, as a reasonable accommodation for the person’s disability. +(2) On-the-job supportive services, in addition to the services set forth in subdivision (q) of Section 4851 of the Welfare and Institutions Code, may consist of, but need not be limited to, time spent with a job coach on any of the following: +(A) Conducting job analysis, specific training, and supervision of the intern while the intern is engaged in his or her internship. +(B) Conducting skills-building training, including, but not limited to, adaptive functional and social skills training and support as necessary to ensure internship adjustment. +(C) Working with families and other support networks to ensure internship adjustment. +(D) Evaluation of performance of the intern, including, but not limited to, communication with the internship supervisor. +(3) The services of the job coach are not the responsibility of the state agency providing the internship, unless the agency is otherwise the direct payor of those services. +(4) In order for the internship to meet the minimum qualifications of the desired position, the internship shall be successfully completed, as set forth in subdivision (b) of Section 19242, in the same job classification as the position the person is applying for. +(5) If a job examination period is required prior to the permanent hiring of a qualified person with a developmental disability, the appointing authority may apply some or all of the internship hours performed to meet some or all of the job examination period requirement. +(6) On-the-job supportive services are allowable to the extent authorized by other state programs and are not the financial or programmatic responsibility of any state agency engaged in establishing the LEAP internship process. +(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.","Existing law requires the Department of Human Resources to administer the Limited Examination and Appointment Program (LEAP) to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil services. Existing law requires the department to conduct competitive examinations to determine eligibility for appointment under LEAP and to refer the names of eligible applicants who meet the minimum qualifications of a job classification to the appointing powers for examination appointments, as specified. +This bill would permit a person with a developmental disability to either complete a written examination or readiness evaluation or an internship, as specified, to qualify for service under LEAP. The bill would require that the use of an internship as a competitive examination in this context consist of a successful completion of an internship with a state agency of not less than 512 hours in duration and a specified certification by the agency. The bill would require the department to refer the names of eligible applicants who successfully complete the internship to the appointing powers for examination appointments. The bill would require the department to create that internship program in coordination with the State Department of Developmental Services and the Department of Rehabilitation, as specified. The bill would require a state agency that provides the internship or appoints a person with a developmental disability to a position under LEAP to allow that person to receive on-the-job support. The bill would authorize an agency to finance the internship or position with personnel funds or other available funds assigned to a vacant or unfilled position, as specified, but would provide that on-the-job support services are not the financial or programmatic responsibility of any state agency engaged in establishing the LEAP internship process. The bill would specify that LEAP is not a mandate on any state agency employer or job applicant except to the extent specifically directed by the State Personnel Board. The bill would repeal these provisions on January 1, 2021.","An act to amend, repeal, and add Sections 19240, 19241, 19242, and 19242.2 of, and to add and repeal Sections 19241.5, 19242.05, and 19242.3 of, the Government Code, relating to state employment." +183,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 8482.3 of the Education Code is amended to read: +8482.3. +(a) The After School Education and Safety Program shall be established to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The specific grades to be served by a program at participating schools may be determined in accordance with local needs. +(b) A program may operate a before school component of a program, an after school component, or both the before and after school components of a program, on one or multiple schoolsites. If a program operates at multiple schoolsites, only one application shall be required for its establishment. +(c) (1) Each component of a program established pursuant to this article shall consist of the following two elements: +(A) An educational and literacy element in which tutoring or homework assistance is provided in one or more of the following areas: language arts, mathematics, history and social science, computer training, or science. +(B) An educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities. +(2) Notwithstanding any other provision of this article, the majority of the time spent by a pupil who is in kindergarten or any of grades 1 to 9, inclusive, and who is participating in a career technical education element of a program established pursuant to this article shall be at a site that complies with Section 8484.6. +(d) (1) Applicants shall agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part 27 of Division 4 of Title 2. +(2) Applicants shall agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agriculture’s at-risk afterschool meal component of the Child and Adult Care Food Program (42 U.S.C. Sec. 1766). +(e) Applicants for programs established pursuant to this article may include any of the following: +(1) A local educational agency, including, but not limited to, a charter school, the California School for the Deaf (northern California), the California School for the Deaf (southern California), and the California School for the Blind. +(2) A city, county, or nonprofit organization in partnership with, and with the approval of, a local educational agency or agencies. +(f) Applicants for grants pursuant to this article shall ensure that each of the following requirements is fulfilled, if applicable: +(1) The application documents the commitments of each partner to operate a program on that site or sites. +(2) The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site. +(3) Each partner in the application agrees to share responsibility for the quality of the program. +(4) The application designates the public agency or local educational agency partner to act as the fiscal agent. For purposes of this section, “public agency” means only a county board of supervisors or if the city is incorporated or has a charter, a city council. +(5) Applicants agree to follow all fiscal reporting and auditing standards required by the department. +(6) Applicants agree to incorporate into the program both of the elements required pursuant to subdivision (c). +(7) Applicants agree to provide information to the department for the purpose of program evaluation pursuant to Section 8483.55. +(8) Applicants shall certify that program evaluations will be based upon Section 8484 and upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, in compliance with subdivision (g) of Section 8482.4. +(9) The application states the targeted number of pupils to be served by the program. +(10) Applicants agree to provide the following information on participating pupils to the department: +(A) Schoolday attendance rates. +(B) Program attendance. +(g) (1) Grantees shall review their after school program plans every three years, including, but not limited to, all of the following: +(A) Program goals. A grantee may specify any new program goals that will apply to the following three years during the grant renewal process. +(B) Program content, including the elements identified in subdivision (c). +(C) Outcome measures selected from those identified in subdivision (a) of Section 8484 that the grantee will use for the next three years. +(D) Any other information requested by the department. +(E) If the program goals or outcome measures change as a result of this review, the grantee shall notify the department in a manner prescribed by the department. +(F) The grantee shall maintain documentation of the after school program plan for a minimum of five years. +(2) The department shall monitor this review as part of its onsite monitoring process. +SEC. 2. +Section 8482.8 of the Education Code is amended to read: +8482.8. +(a) If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance for either the before school or the after school component, an applicant may request approval from the Superintendent, before or during the grant application process, to provide services at another schoolsite for that component. An applicant that requests approval shall describe the manner in which the applicant intends to provide safe, supervised transportation between schoolsites; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils. +(b) For purposes of this article, a significant barrier to pupil participation in the before school or the after school component of a program established pursuant to this chapter means either of the following: +(1) Fewer than 20 pupils participating in the component of the program. +(2) Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation. +(c) In addition to the authority to transfer funds among school programs pursuant to Sections 8483.7 and 8483.75, and in addition to the flexibility provided by subdivisions (a) and (b), a program grantee that is temporarily prevented from operating a program established pursuant to this article at the program site due to natural disaster, civil unrest, or imminent danger to pupils or staff may shift program funds to the sites of other programs established pursuant to this article to meet attendance targets during that time period. +(d) If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may recommend, and the state board may approve, a request by the grantee for payment equal to the amount of funding the grantee would have received if it had been able to operate its entire program during that time period. +(e) Upon the request of a program grantee, the state board may approve other unforeseen events as qualifying a program grantee to use the authority provided by subdivisions (c) and (d). +(f) (1) The Legislature finds and declares that the cost of operating a program is exceeding the grant amount provided under this article. +(2) Commencing January 1, 2016, a program established pursuant to this article may suspend its operation for no more than five schooldays in a fiscal year. +If the suspension results in a grant adjustment +A grant shall not be adjusted +pursuant to clause (ii) or (iii) of subparagraph (A) of paragraph (1) of subdivision (a) of Section +8483.7, the department may approve a request from the program grantee for an exemption from the adjustment. +8483.7 as a result of a program suspending its operation pursuant to this paragraph. +Cost savings that result from a suspension of a program in accordance with this subdivision shall be used solely by the entity that is providing direct services to pupils. +(3) This subdivision shall remain in effect only until July 1, 2017, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date. +SEC. 3. +Section 8483 of the Education Code is amended to read: +8483. +(a) (1) Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan. +(2) It is the intent of the Legislature that each attending pupil participate in the full day of the program for each day in which the pupil attends the program. +(3) In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily. +(b) The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7. +SEC. 4. +Section 8483.1 of the Education Code is amended to read: +8483.1. +(a) (1) Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program. +(2) (A) It is the intent of the Legislature that each attending pupil participate in the full day of the program for each day in which the pupil attends the program, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary. +(B) A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance. +(3) In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily. +(b) The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75. +(c) Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants. +SEC. 5. +The Legislature finds and declares that this act furthers the purposes of the After School Education and Safety Program Act of 2002.","Existing law, the After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act provides that each school establishing a program pursuant to the act is eligible to receive a renewable 3-year grant for before or after school programs, as provided, and a grant for operating a program beyond 180 regular schooldays or during summer, weekend, intersession, or vacation periods, as provided. The act specifies the maximum grant amount and related amounts for each of these grants, provides a formula for determining an amount to be continuously appropriated from the General Fund to the State Department of Education for purposes of the program, and authorizes the Legislature to appropriate additional funds for purposes of the program. +Existing law requires applicants for grants to, among other things, state the targeted number of pupils to be served by the program, and requires the department, for any school in the program that is under its targeted attendance level by more than 15% in each of 2 consecutive years, to adjust the grant level, and, in any year after the initial grant year, if a school’s actual attendance level falls below 75% of the targeted attendance level, to review the program and adjust its grant level as appropriate. +This bill would, commencing January 1, 2016, and until July 1, 2017, authorize a program to suspend its operation for up to 5 schooldays in a fiscal year +and, if this results in +and would prohibit +an adjustment of the grant provided to the participating +school, would authorize the department to approve a request from the program grantee for an exemption from this adjustment. +school as a result of a suspension. +The bill would require that cost savings that result from a suspension be used solely by the entity that is providing direct services to pupils. The bill would also authorize the program to determine the specific grades to serve in accordance with local needs. +Existing law expresses the intent of the Legislature that, for the before and after school components of the program, participating middle school and junior high school pupils should attend a minimum number of hours, days, or both, as specified, while elementary school pupils should participate in the full day of these components of the program for each day in which they participate, except as provided. +This bill would instead express the intent of the Legislature that each attending pupil participate in the full day of the before or after school components of the program for each day in which the pupil attends the program, except as provided. +The After School Education and Safety Program Act of 2002 authorizes the Legislature to amend certain of its provisions to further its purposes by majority vote of each house. +This bill would set forth a legislative finding and declaration that this bill furthers the purposes of that act.","An act to amend Sections 8482.3, 8482.8, 8483, and 8483.1 of the Education Code, relating to after school programs." +184,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 35551 of the Vehicle Code is amended to read: +35551. +(a) Except as otherwise provided in this section or Section 35551.5, the total gross weight in pounds imposed on the highway by +any +a +group of two or more consecutive axles shall not exceed that given for the respective distance in the following table: +Distance in feet between +the extremes of any group +of 2 or more consecutive +axles +2 axles +3 axles +4 axles +5 axles +6 axles +4 ........................ +34,000 +34,000 +34,000 +34,000 +34,000 +5 ........................ +34,000 +34,000 +34,000 +34,000 +34,000 +6 ........................ +34,000 +34,000 +34,000 +34,000 +34,000 +7 ........................ +34,000 +34,000 +34,000 +34,000 +34,000 +8 ........................ +34,000 +34,000 +34,000 +34,000 +34,000 +9 ........................ +39,000 +42,500 +42,500 +42,500 +42,500 +10 ........................ +40,000 +43,500 +43,500 +43,500 +43,500 +11 ........................ +40,000 +44,000 +44,000 +44,000 +44,000 +12 ........................ +40,000 +45,000 +50,000 +50,000 +50,000 +13 ........................ +40,000 +45,500 +50,500 +50,500 +50,500 +14 ........................ +40,000 +46,500 +51,500 +51,500 +51,500 +15 ........................ +40,000 +47,000 +52,000 +52,000 +52,000 +16 ........................ +40,000 +48,000 +52,500 +52,500 +52,500 +17 ........................ +40,000 +48,500 +53,500 +53,500 +53,500 +18 ........................ +40,000 +49,500 +54,000 +54,000 +54,000 +19 ........................ +40,000 +50,000 +54,500 +54,500 +54,500 +20 ........................ +40,000 +51,000 +55,500 +55,500 +55,500 +21 ........................ +40,000 +51,500 +56,000 +56,000 +56,000 +22 ........................ +40,000 +52,500 +56,500 +56,500 +56,500 +23 ........................ +40,000 +53,000 +57,500 +57,500 +57,500 +24 ........................ +40,000 +54,000 +58,000 +58,000 +58,000 +25 ........................ +40,000 +54,500 +58,500 +58,500 +58,500 +26 ........................ +40,000 +55,500 +59,500 +59,500 +59,500 +27 ........................ +40,000 +56,000 +60,000 +60,000 +60,000 +28 ........................ +40,000 +57,000 +60,500 +60,500 +60,500 +29 ........................ +40,000 +57,500 +61,500 +61,500 +61,500 +30 ........................ +40,000 +58,500 +62,000 +62,000 +62,000 +31 ........................ +40,000 +59,000 +62,500 +62,500 +62,500 +32 ........................ +40,000 +60,000 +63,500 +63,500 +63,500 +33 ........................ +40,000 +60,000 +64,000 +64,000 +64,000 +34 ........................ +40,000 +60,000 +64,500 +64,500 +64,500 +35 ........................ +40,000 +60,000 +65,500 +65,500 +65,500 +36 ........................ +40,000 +60,000 +66,000 +66,000 +66,000 +37 ........................ +40,000 +60,000 +66,500 +66,500 +66,500 +38 ........................ +40,000 +60,000 +67,500 +67,500 +67,500 +39 ........................ +40,000 +60,000 +68,000 +68,000 +68,000 +40 ........................ +40,000 +60,000 +68,500 +70,000 +70,000 +41 ........................ +40,000 +60,000 +69,500 +72,000 +72,000 +42 ........................ +40,000 +60,000 +70,000 +73,280 +73,280 +43 ........................ +40,000 +60,000 +70,500 +73,280 +73,280 +44 ........................ +40,000 +60,000 +71,500 +73,280 +73,280 +45 ........................ +40,000 +60,000 +72,000 +76,000 +80,000 +46 ........................ +40,000 +60,000 +72,500 +76,500 +80,000 +47 ........................ +40,000 +60,000 +73,500 +77,500 +80,000 +48 ........................ +40,000 +60,000 +74,000 +78,000 +80,000 +49 ........................ +40,000 +60,000 +74,500 +78,500 +80,000 +50 ........................ +40,000 +60,000 +75,500 +79,000 +80,000 +51 ........................ +40,000 +60,000 +76,000 +80,000 +80,000 +52 ........................ +40,000 +60,000 +76,500 +80,000 +80,000 +53 ........................ +40,000 +60,000 +77,500 +80,000 +80,000 +54 ........................ +40,000 +60,000 +78,000 +80,000 +80,000 +55 ........................ +40,000 +60,000 +78,500 +80,000 +80,000 +56 ........................ +40,000 +60,000 +79,500 +80,000 +80,000 +57 ........................ +40,000 +60,000 +80,000 +80,000 +80,000 +58 ........................ +40,000 +60,000 +80,000 +80,000 +80,000 +59 ........................ +40,000 +60,000 +80,000 +80,000 +80,000 +60 ........................ +40,000 +60,000 +80,000 +80,000 +80,000 +(b) In addition to the weights specified in subdivision (a), two consecutive sets of tandem axles may carry a gross weight of 34,000 pounds each if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more. The gross weight of each set of tandem axles shall not exceed 34,000 pounds +, +and the gross weight of the two consecutive sets of tandem axles shall not exceed 68,000 pounds. +(c) The distance between axles shall be measured to the nearest whole foot. When a fraction is exactly six inches, the next larger whole foot shall be used. +(d) Nothing contained in this section shall affect the right to prohibit the use of any highway +or any +, +bridge +, +or other structure thereon in the manner and to the extent specified in Article 4 (commencing with Section 35700) and Article 5 (commencing with Section 35750) of this chapter. +(e) The gross weight limits expressed by this section and Section 35550 shall include all enforcement tolerances.","Existing law generally prohibits the total gross weight in pounds imposed on the highway by a group of 2 or more consecutive axles of a vehicle from exceeding a specified weight, depending on the distance in feet between the extremes of a group of 2 or more consecutive axles, and the number of axles. +This bill would make technical, nonsubstantive changes to those provisions.","An act to amend Section 35551 of the Vehicle Code, relating to vehicles." +185,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 730.6 of the Welfare and Institutions Code is amended to read: +730.6. +(a) (1) It is the intent of the Legislature that a victim of conduct for which a minor is found to be a person described in Section 602 who incurs an economic loss as a result of the minor’s conduct shall receive restitution directly from that minor. +(2) Upon a minor being found to be a person described in Section 602, the court shall consider levying a fine in accordance with Section 730.5. In addition, the court shall order the minor to pay, in addition to any other penalty provided or imposed under the law, both of the following: +(A) A restitution fine in accordance with subdivision (b). +(B) Restitution to the victim or victims, if any, in accordance with subdivision (h). +(b) If a minor is found to be a person described in Section 602, the court shall impose a separate and additional restitution fine. The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense as follows: +(1) If the minor is found to be a person described in Section 602 by reason of the commission of one or more felony offenses, the restitution fine shall not be less than one hundred dollars ($100) and not more than one thousand dollars ($1,000). A separate hearing for the fine shall not be required. +(2) If the minor is found to be a person described in Section 602 by reason of the commission of one or more misdemeanor offenses, the restitution fine shall not exceed one hundred dollars ($100). A separate hearing for the fine shall not be required. +(c) The restitution fine shall be in addition to any other disposition or fine imposed and shall be imposed regardless of the minor’s inability to pay. This fine shall be deposited in the Restitution Fund. +(d) (1) In setting the amount of the fine pursuant to subparagraph (A) of paragraph (2) of subdivision (a), the court shall consider any relevant factors including, but not limited to, the minor’s ability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the minor as a result of the offense, and the extent to which others suffered losses as a result of the offense. The losses may include pecuniary losses to the victim or his or her dependents as well as intangible losses such as psychological harm caused by the offense. +(2) The consideration of a minor’s ability to pay may include his or her future earning capacity. A minor shall bear the burden of demonstrating a lack of his or her ability to pay. +(e) Express findings of the court as to the factors bearing on the amount of the fine shall not be required. +(f) Except as provided in subdivision (g), under no circumstances shall the court fail to impose the separate and additional restitution fine required by subparagraph (A) of paragraph (2) of subdivision (a). This fine shall not be subject to penalty assessments pursuant to Section 1464 of the Penal Code. +(g) (1) In a case in which the minor is a person described in Section 602 by reason of having committed a felony offense, if the court finds that there are compelling and extraordinary reasons, the court may waive imposition of the restitution fine required by subparagraph (A) of paragraph (2) of subdivision (a). If a waiver is granted, the court shall state on the record all reasons supporting the waiver. +(2) If the minor is a person described in subdivision (a) of Section 241.1, the court shall waive imposition of the restitution fine required by subparagraph (A) of paragraph (2) of subdivision (a). +(h) (1) Restitution ordered pursuant to subparagraph (B) of paragraph (2) of subdivision (a) shall be imposed in the amount of the losses, as determined. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court at any time during the term of the commitment or probation. The court shall order full restitution unless it finds compelling and extraordinary reasons for not doing so, and states them on the record. A minor’s inability to pay shall not be considered a compelling or extraordinary reason not to impose a restitution order, nor shall inability to pay be a consideration in determining the amount of the restitution order. A restitution order pursuant to subparagraph (B) of paragraph (2) of subdivision (a), to the extent possible, shall identify each victim, unless the court for good cause finds that the order should not identify a victim or victims, and the amount of each victim’s loss to which it pertains, and shall be of a dollar amount sufficient to fully reimburse the victim or victims for all determined economic losses incurred as the result of the minor’s conduct for which the minor was found to be a person described in Section 602, including all of the following: +(A) Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible. +(B) Medical expenses. +(C) Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minor’s parent, parents, guardian, or guardians, while caring for the injured minor. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown. +(D) Wages or profits lost by the victim, and if the victim is a minor, wages or profits lost by the minor’s parent, parents, guardian, or guardians, due to time spent as a witness or in assisting the police or prosecution. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown. +(2) A minor shall have the right to a hearing before a judge to dispute the determination of the amount of restitution. The court may modify the amount on its own motion or on the motion of the district attorney, the victim or victims, or the minor. If a motion is made for modification of a restitution order, the victim shall be notified of that motion at least 10 days prior to the hearing on the motion. If the amount of victim restitution is not known at the time of disposition, the court order shall identify the victim or victims, unless the court finds for good cause that the order should not identify a victim or victims, and state that the amount of restitution for each victim is to be determined. If feasible, the court shall also identify on the court order, any co-offenders who are jointly and severally liable for victim restitution. +(i) A restitution order imposed pursuant to subparagraph (B) of paragraph (2) of subdivision (a) shall identify the losses to which it pertains, and shall be enforceable as a civil judgment pursuant to subdivision (r). The making of a restitution order pursuant to this subdivision shall not affect the right of a victim to recovery from the Restitution Fund in the manner provided elsewhere, except to the extent that restitution is actually collected pursuant to the order. Restitution collected pursuant to this subdivision shall be credited to any other judgments for the same losses obtained against the minor or the minor’s parent or guardian arising out of the offense for which the minor was found to be a person described in Section 602. Restitution imposed shall be ordered to be made to the Restitution Fund to the extent that the victim, as defined in subdivision (j), has received assistance from the Victims of Crime Program pursuant to Article 5 (commencing with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code. +(j) For purposes of this section, “victim” shall include: +(1) The immediate surviving family of the actual victim. +(2) A governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material, as defined in subdivision (e) of Section 594 of the Penal Code, and that has sustained an economic loss as the result of a violation of Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code. +(3) A corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime. +(4) A person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions: +(A) At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim. +(B) At the time of the crime was living in the household of the victim. +(C) At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in subparagraph (A). +(D) Is another family member of the victim, including, but not limited to, the victim’s fiancé or fiancée, and who witnessed the crime. +(E) Is the primary caretaker of a minor victim. +(k) If the direct victim of an offense is a group home or other facility licensed to provide residential care in which the minor was placed as a dependent or ward of the court, or an employee thereof, restitution shall be limited to out-of-pocket expenses that are not covered by insurance and that are paid by the facility or employee. +(l) Upon a minor being found to be a person described in Section 602, the court shall require, as a condition of probation, the payment of restitution fines and orders imposed under this section. Any portion of a restitution order that remains unsatisfied after a minor is no longer on probation shall continue to be enforceable by a victim pursuant to subdivision (r) until the obligation is satisfied in full. +(m) Probation shall not be revoked for failure of a person to make restitution pursuant to this section as a condition of probation unless the court determines that the person has willfully failed to pay or failed to make sufficient bona fide efforts to legally acquire the resources to pay. +(n) If the court finds and states on the record compelling and extraordinary reasons why restitution should not be required as provided in paragraph (2) of subdivision (a), the court shall order, as a condition of probation, that the minor perform specified community service. +(o) The court may avoid ordering community service as a condition of probation only if it finds and states on the record compelling and extraordinary reasons not to order community service in addition to the finding that restitution pursuant to paragraph (2) of subdivision (a) should not be required. +(p) If a minor is committed to the Division of Juvenile Facilities, Department of Corrections and Rehabilitation, the court shall order restitution to be paid to the victim or victims, if any. Payment of restitution to the victim or victims pursuant to this subdivision shall take priority in time over payment of any other restitution fine imposed pursuant to this section. +(q) At its discretion, the board of supervisors of any county may impose a fee to cover the actual administrative cost of collecting the restitution fine, not to exceed 10 percent of the amount ordered to be paid, to be added to the restitution fine and included in the order of the court, the proceeds of which shall be deposited in the general fund of the county. +(r) If the judgment is for a restitution fine ordered pursuant to subparagraph (A) of paragraph (2) of subdivision (a), or a restitution order imposed pursuant to subparagraph (B) of paragraph (2) of subdivision (a), the judgment may be enforced in the manner provided in Section 1214 of the Penal Code.","Existing law provides that a minor who violates a criminal law may be adjudged to be a ward of the court. Existing law generally requires that the minor pay a restitution fine to be deposited into the Restitution Fund and restitution to any victim of his or her conduct. Existing law defines a victim to include the immediate surviving family of the actual victim and governmental entities, as specified. +This bill would expand the definition of victim to include a corporation, estate, or other legal or commercial entity when that entity is a direct victim of a crime. The bill would also expand the definition of victim to include a person who has sustained economic loss as a result of a crime and who satisfies specified conditions.","An act to amend Section 730.6 of the Welfare and Institutions Code, relating to juveniles." +186,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1941.7 is added to the Civil Code, to read: +1941.7. +(a) An obligation shall not arise under Section 1941 or 1942 to repair a dilapidation relating to the presence of mold pursuant to paragraph (13) of subdivision (a) of Section 17920.3 of the Health and Safety Code until the lessor has notice of the dilapidation or if the tenant is in violation of Section 1941.2. +(b) A landlord may enter a dwelling unit to repair a dilapidation relating to the presence of mold pursuant to paragraph (13) of subdivision (a) of Section 17920.3 of the Health and Safety Code provided the landlord complies with the provisions of Section 1954. +SEC. 2. +Section 17920 of the Health and Safety Code is amended to read: +17920. +As used in this part: +(a) “Approved” means acceptable to the department. +(b) “Building” means a structure subject to this part. +(c) “Building standard” means building standard as defined in Section 18909. +(d) “Department” means the Department of Housing and Community Development. +(e) “Enforcement” means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this part, “enforcement” may, but need not, include inspections of existing buildings on which no complaint or permit application has been filed, and effort to secure compliance as to these existing buildings. +(f) “Fire protection district” means any special district, or any other municipal or public corporation or district, which is authorized by law to provide fire protection and prevention services. +(g) “Labeled” means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization, approved by the department, that maintains a periodic inspection program of production of labeled products, installations, equipment, or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner. +(h) “Listed” means all products that appear in a list published by an approved testing or listing agency. +(i) “Listing agency” means an agency approved by the department that is in the business of listing and labeling products, materials, equipment, and installations tested by an approved testing agency, and that maintains a periodic inspection program on current production of listed products, equipment, and installations, and that, at least annually, makes available a published report of these listings. +(j) “Mold” means microscopic organisms or fungi that can grow in damp conditions in the interior of a building. +(k) “Noise insulation” means the protection of persons within buildings from excessive noise, however generated, originating within or without such buildings. +(l) “Nuisance” means any nuisance defined pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code, or any other form of nuisance recognized at common law or in equity. +(m) “Public entity” has the same meaning as defined in Section 811.2 of the Government Code. +(n) “Testing agency” means an agency approved by the department as qualified and equipped for testing of products, materials, equipment, and installations in accordance with nationally recognized standards. +SEC. 3. +Section 17920.3 of the Health and Safety Code is amended to read: +17920.3. +Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building: +(a) Inadequate sanitation shall include, but not be limited to, the following: +(1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit. +(2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel. +(3) Lack of, or improper kitchen sink. +(4) Lack of hot and cold running water to plumbing fixtures in a hotel. +(5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. +(6) Lack of adequate heating. +(7) Lack of, or improper operation of required ventilating equipment. +(8) Lack of minimum amounts of natural light and ventilation required by this code. +(9) Room and space dimensions less than required by this code. +(10) Lack of required electrical lighting. +(11) Dampness of habitable rooms. +(12) Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction. +(13) Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use. +(14) General dilapidation or improper maintenance. +(15) Lack of connection to required sewage disposal system. +(16) Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code. +(b) Structural hazards shall include, but not be limited to, the following: +(1) Deteriorated or inadequate foundations. +(2) Defective or deteriorated flooring or floor supports. +(3) Flooring or floor supports of insufficient size to carry imposed loads with safety. +(4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. +(5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety. +(6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. +(7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. +(8) Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration. +(9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. +(c) Any nuisance. +(d) All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly. +(e) All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures. +(f) All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly. +(g) Faulty weather protection, which shall include, but not be limited to, the following: +(1) Deteriorated, crumbling, or loose plaster. +(2) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors. +(3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. +(4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings. +(h) Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. +(i) All materials of construction, except those that are specifically allowed or approved by this code, and that have been adequately maintained in good and safe condition. +(j) Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards. +(k) Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code. +(l) All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. +When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed. +(m) All buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. +(n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies. +(o) Inadequate structural resistance to horizontal forces. +“Substandard building” includes a building not in compliance with Section 13143.2. +However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law requires the lessor of a building intended for human occupation to repair dilapidations, as specified, rendering it untenantable. Existing law permits tenants to repair dilapidations, under specified circumstances. +This bill would provide that a lessor is not obligated to repair a dilapidation relating to mold, as specified, until he or she has notice of it or if the tenant is in violation of specified affirmative obligations. The bill would authorize a landlord to enter a dwelling to repair a dilapidation relating to mold, under specified conditions. +(2) The State Housing Law, which is administered by the Department of Housing and Community Development, prescribes standards for buildings used for human habitation and establishes definitions for this purpose. The law provides that a building, or a portion of it, in which certain conditions are found to exist, such as a lack of sanitation, as specified, is substandard. The law provides that a violation of these provisions is a misdemeanor. +This bill would specify that visible mold growth, excepting mold that is minor and found on surfaces that can accumulate moisture as part of their proper and intended use, is a type of inadequate sanitation and therefore a substandard condition. The bill would define mold as microscopic organisms or fungi that can grow in damp conditions in the interior of a building. By expanding the definition of a crime, this bill would impose a state-mandated local program. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 1941.7 to the Civil Code, and to amend Sections 17920 and 17920.3 of the Health and Safety Code, relating to housing standards." +187,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 50003 of the Financial Code is amended to read: +50003. +(a) “Annual audit” means a certified audit of the licensee’s books, records, and systems of internal control performed by an independent certified public accountant in accordance with generally accepted accounting principles and generally accepted auditing standards. +(b) “Borrower” means the loan applicant. +(c) “Buy” includes exchange, offer to buy, or solicitation to buy. +(d) “Commissioner” means the Commissioner of Business Oversight. +(e) “Control” means the possession, directly or indirectly, of the power to direct, or cause the direction of, the management and policies of a licensee under this division, whether through voting or through the ownership of voting power of an entity that possesses voting power of the licensee, or otherwise. Control is presumed to exist if a person, directly or indirectly, owns, controls, or holds 10 percent or more of the voting power of a licensee or of an entity that owns, controls, or holds, with power to vote, 10 percent or more of the voting power of a licensee. No person shall be deemed to control a licensee solely by reason of his or her status as an officer or director of the licensee. +(f) “Depository institution” has the same meaning as in Section 3 of the Federal Deposit Insurance Act, and includes any credit union. +(g) “Engage in the business” means the dissemination to the public, or any part of the public, by means of written, printed, or electronic communication or any communication by means of recorded telephone messages or spoken on radio, television, or similar communications media, of any information relating to the making of residential mortgage loans, the servicing of residential mortgage loans, or both. “Engage in the business” also means, without limitation, making residential mortgage loans or servicing residential mortgage loans, or both. +(h) “Federal banking agencies” means the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the National Credit Union Administration, and the Federal Deposit Insurance Corporation. +(i) “In this state” includes any activity of a person relating to making or servicing a residential mortgage loan that originates from this state and is directed to persons outside this state, or that originates from outside this state and is directed to persons inside this state, or that originates inside this state and is directed to persons inside this state, or that leads to the formation of a contract and the offer or acceptance thereof is directed to a person in this state (whether from inside or outside this state and whether the offer was made inside or outside the state). +(j) “Institutional investor” means the following: +(1) The United States or any state, district, territory, or commonwealth thereof, or any city, county, city and county, public district, public authority, public corporation, public entity, or political subdivision of a state, district, territory, or commonwealth of the United States, or any agency or other instrumentality of any one or more of the foregoing, including, by way of example, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. +(2) Any bank, trust company, savings bank or savings and loan association, credit union, industrial bank or industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurance company, or subsidiary or affiliate of one of the preceding entities, doing business under the authority of or in accordance with a license, certificate, or charter issued by the United States or any state, district, territory, or commonwealth of the United States. +(3) Trustees of pension, profit-sharing, or welfare funds, if the pension, profit-sharing, or welfare fund has a net worth of not less than fifteen million dollars ($15,000,000), except pension, profit-sharing, or welfare funds of a licensee or its affiliate, self-employed individual retirement plans, or individual retirement accounts. +(4) A corporation or other entity with outstanding securities registered under Section 12 of the federal Securities Exchange Act of 1934 or a wholly owned subsidiary of that corporation or entity, provided that the purchaser represents either of the following: +(A) That it is purchasing for its own account for investment and not with a view to, or for sale in connection with, any distribution of a promissory note. +(B) That it is purchasing for resale pursuant to an exemption under Rule 144A (17 C.F.R. 230.144A) of the Securities and Exchange Commission. +(5) An investment company registered under the Investment Company Act of 1940; or a wholly owned and controlled subsidiary of that company, provided that the purchaser makes either of the representations provided in paragraph (4). +(6) A residential mortgage lender or servicer licensed to make residential mortgage loans under this law or an affiliate or subsidiary of that person. +(7) Any person who is licensed as a securities broker or securities dealer under any law of this state, or of the United States, or any employee, officer, or agent of that person, if that person is acting within the scope of authority granted by that license or an affiliate or subsidiary controlled by that broker or dealer, in connection with a transaction involving the offer, sale, purchase, or exchange of one or more promissory notes secured directly or indirectly by liens on real property or a security representing an ownership interest in a pool of promissory notes secured directly or indirectly by liens on real property, and the offer and sale of those securities is qualified under the California Corporate Securities Law of 1968 or registered under federal securities laws, or exempt from qualification or registration. +(8) A licensed real estate broker selling the loan to an institutional investor specified in paragraphs (1) to (7), inclusive, or paragraph (9) or (10). +(9) A business development company as defined in Section 2(a)(48) of the Investment Company Act of 1940 or a small business investment company licensed by the United States Small Business Administration under Section 301(c) or (d) of the Small Business Investment Act of 1958. +(10) A syndication or other combination of any of the foregoing entities that is organized to purchase a promissory note. +(11) A trust or other business entity established by an institutional investor for the purpose of issuing or facilitating the issuance of securities representing undivided interests in, or rights to receive payments from or to receive payments primarily from, a pool of financial assets held by the trust or business entity, provided that all of the following apply: +(A) The business entity is not a sole proprietorship. +(B) The pool of assets consists of one or more of the following: +(i) Interest-bearing obligations. +(ii) Other contractual obligations representing the right to receive payments from the assets. +(iii) Surety bonds, insurance policies, letters of credit, or other instruments providing credit enhancement for the assets. +(C) The securities will be either one of the following: +(i) Rated as “investment grade” by Standard and Poor’s Corporation or Moody’s Investors Service, Inc. “Investment grade” means that the securities will be rated by Standard and Poor’s Corporation as AAA, AA, A, or BBB or by Moody’s Investors Service, Inc. as Aaa, Aa, A, or Baa, including any of those ratings with “+” or “—” designation or other variations that occur within those ratings. +(ii) Sold to an institutional investor. +(D) The offer and sale of the securities is qualified under the California Corporate Securities Law of 1968 or registered under federal securities laws, or exempt from qualification or registration. +(k) “Institutional lender” means the following: +(1) The United States or any state, district, territory, or commonwealth thereof, or any city, county, city and county, public district, public authority, public corporation, public entity, or political subdivision of a state, district, territory, or commonwealth of the United States, or any agency or other instrumentality of any one or more of the foregoing, including, by way of example, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. +(2) Any bank, trust company, savings bank or savings and loan association, credit union, industrial loan company, or insurance company, or service or investment company that is wholly owned and controlled by one of the preceding entities, doing business under the authority of and in accordance with a license, certificate, or charter issued by the United States or any state, district, territory, or commonwealth of the United States. +(3) Any corporation with outstanding securities registered under Section 12 of the Securities Exchange Act of 1934 or any wholly owned subsidiary of that corporation. +(4) A residential mortgage lender or servicer licensed to make residential mortgage loans under this law. +(l) “Law” means the California Residential Mortgage Lending Act. +(m) “Lender” means a person that satisfies either of the following: +(1) The person is or does all of the following: +(A) The person is an approved lender for the Federal Housing Administration, Veterans Administration, Farmers Home Administration, Government National Mortgage Association, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation. +(B) The person directly makes residential mortgage loans. +(C) The person makes the credit decision in the loan transactions. +(2) The person is either of the following: +(A) Is not a natural person and engages in the activities of a loan processor or underwriter for a residential mortgage loan but does not solicit loan applicants, originate mortgage loans, or fund mortgage loans unless the person is also a lender under paragraph (1). +(B) Is a natural person and an independent contractor who engages in the activities of a loan processor or underwriter for a residential mortgage loan as described in subdivision (c) of Section 50003.6 but does not solicit loan applicants, originate mortgage loans, or fund mortgage loans unless the person is also a lender under paragraph (1). +(n) “Licensee” means, depending on the context, a person licensed under Chapter 2 (commencing with Section 50120), Chapter 3 (commencing with Section 50130), or Chapter 3.5 (commencing with Section 50140). +(o) “Makes or making residential mortgage loans” or “mortgage lending” means processing, underwriting, or as a lender using or advancing one’s own funds, or making a commitment to advance one’s own funds, to a loan applicant for a residential mortgage loan. +(p) “Mortgage loan,” “residential mortgage loan,” or “home mortgage loan” means a federally related mortgage loan as defined in Section 1024.2 of Title 12 of the Code of Federal Regulations, or a loan made to finance construction of a one-to-four family dwelling. +(q) “Mortgage servicer” or “residential mortgage loan servicer” means a person that (1) is an approved servicer for the Federal Housing Administration, Veterans Administration, Farmers Home Administration, Government National Mortgage Association, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, and (2) directly services or offers to service mortgage loans. +(r) “Nationwide Mortgage Licensing System and Registry” means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of licensed mortgage loan originators. +(s) “Net worth” has the meaning set forth in Section 50201. +(t) “Own funds” means (1) cash, corporate capital, or warehouse credit lines at commercial banks, savings banks, savings and loan associations, industrial loan companies, or other sources that are liability items on a lender’s financial statements, whether secured or unsecured, or (2) a lender’s affiliate’s cash, corporate capital, or warehouse credit lines at commercial banks or other sources that are liability items on the affiliate’s financial statements, whether secured or unsecured. “Own funds” does not include funds provided by a third party to fund a loan on condition that the third party will subsequently purchase or accept an assignment of that loan. +(u) “Person” means a natural person, a sole proprietorship, a corporation, a partnership, a limited liability company, an association, a trust, a joint venture, an unincorporated organization, a joint stock company, a government or a political subdivision of a government, and any other entity. +(v) “Residential real property” or “residential real estate” means real property located in this state that is improved by a one-to-four family dwelling. +(w) “SAFE Act” means the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Public Law 110-289). +(x) “Service” or “servicing” means receiving more than three installment payments of principal, interest, or other amounts placed in escrow, pursuant to the terms of a mortgage loan and performing services by a licensee relating to that receipt or the enforcement of its receipt, on behalf of the holder of the note evidencing that loan. +(y) “Sell” includes exchange, offer to sell, or solicitation to sell. +(z) “Unique identifier” means a number or other identifier assigned by protocols established by the Nationwide Mortgage Licensing System and Registry. +(aa) For purposes of Sections 50142, 50143, and 50145, “nontraditional mortgage product” means any mortgage product other than a 30-year fixed rate mortgage. +(ab) For purposes of Section 50141, “expungement” means the subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such individual to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty or dismissing the accusation, information, or indictment. With respect to criminal convictions in another state, that state’s definition of expungement will apply. +SEC. 2. +Section 50201 of the Financial Code is amended to read: +50201. +(a) A licensee issued a license for purposes of making or servicing residential mortgage loans, including a licensee employing one or more mortgage loan originators, shall continuously maintain a minimum tangible net worth at all times of two hundred fifty thousand dollars ($250,000). The commissioner, in his or her discretion, may require a lender who engages in the activities described in paragraph (2) of subdivision (m) of Section 50003 to continuously maintain a minimum tangible net worth of an amount that is greater than two hundred fifty thousand dollars ($250,000), but that does not exceed the net worth required of an approved lender under the Federal Housing Administration. +(b) Tangible net worth shall be computed in accordance with generally accepted accounting principles. +(c) The commissioner may promulgate rules or regulations with respect to the requirements for minimum net worth, as are necessary to accomplish the purposes of this division and comply with the SAFE Act.","Existing law defines specified terms for purposes of the California Residential Mortgage Lending Act, which generally prohibits a person from engaging in the business of making residential mortgage loans or servicing residential mortgage loans without first obtaining a license from the Commissioner of Business Oversight in accordance with the act. Existing law defines a lender as a person who is an approved lender for the Federal Housing Administration, the Veterans Administration, the Farmers Home Administration, the Government National Mortgage Association, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation, who directly makes residential mortgage loans, and who makes the credit decision in the loan transactions. Existing law requires a licensee issued a license for purposes of making or servicing residential mortgage loans to continuously maintain a minimum tangible net worth of $250,000. +This bill would specify that the term “lender” includes a person, other than a natural person, and a natural person who is also an independent contractor, who engages in the activities of a loan processor or underwriter for residential mortgage loans, but does not solicit loan applicants, originate mortgage loans, or fund mortgage loans, as specified. The bill would authorize the commissioner to require a licensee who is engaged in the processing or underwriting of residential mortgage loans to continuously maintain a minimum tangible net worth in an amount that is greater than $250,000, but that does not exceed the net worth required of an approved lender under the Federal Housing Administration.","An act to amend Sections 50003 and 50201 of the Financial Code, relating to mortgages." +188,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1714.21 of the Civil Code is amended to read: +1714.21. +(a) For purposes of this section, the following definitions shall apply: +(1) “AED” or “defibrillator” means an automated external defibrillator. +(2) “CPR” means cardiopulmonary resuscitation. +(b) Any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an AED at the scene of an emergency is not liable for any civil damages resulting from any acts or omissions in rendering the emergency care. +(c) A person or entity who provides CPR and AED training to a person who renders emergency care pursuant to subdivision (b) is not liable for any civil damages resulting from any acts or omissions of the person rendering the emergency care. +(d) (1) A person or entity that acquires an AED for emergency use pursuant to this section is not liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED if that person or entity has complied with subdivision (b) of Section 1797.196 of the Health and Safety Code. +(2) A physician and surgeon or other health care professional that is involved in the selection, placement, or installation of an AED pursuant to Section 1797.196 of the Health and Safety Code is not liable for civil damages resulting from acts or omissions in the rendering of emergency care by use of that AED. +(e) The protections specified in this section do not apply in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED. +(f) This section does not relieve a manufacturer, designer, developer, distributor, installer, or supplier of an AED or defibrillator of any liability under any applicable statute or rule of law. +SEC. 2. +Section 1797.196 of the Health and Safety Code is amended to read: +1797.196. +(a) For purposes of this section, “AED” or “defibrillator” means an automated external defibrillator. +(b) (1) In order to ensure public safety, a person or entity that acquires an AED shall do all of the following: +(A) Comply with all regulations governing the placement of an AED. +(B) Notify an agent of the local EMS agency of the existence, location, and type of AED acquired. +(C) Ensure that the AED is maintained and tested according to the operation and maintenance guidelines set forth by the manufacturer. +(D) Ensure that the AED is tested at least biannually and after each use. +(E) Ensure that an inspection is made of all AEDs on the premises at least every 90 days for potential issues related to operability of the device, including a blinking light or other obvious defect that may suggest tampering or that another problem has arisen with the functionality of the AED. +(F) Ensure that records of the maintenance and testing required pursuant to this paragraph are maintained. +(2) When an AED is placed in a building, the building owner shall do all of the following: +(A) At least once a year, notify the tenants as to the location of the AED units and provide information to tenants about who they can contact if they want to voluntarily take AED or CPR training. +(B) At least once a year, offer a demonstration to at least one person associated with the building so that the person can be walked through how to use an AED properly in an emergency. The building owner may arrange for the demonstration or partner with a nonprofit organization to do so. +(C) Next to the AED, post instructions, in no less than 14-point type, on how to use the AED. +(3) A medical director or other physician and surgeon is not required to be involved in the acquisition or placement of an AED. +(c) (1) When an AED is placed in a public or private K–12 school, the principal shall ensure that the school administrators and staff annually receive information that describes sudden cardiac arrest, the school’s emergency response plan, and the proper use of an AED. The principal shall also ensure that instructions, in no less than 14-point type, on how to use the AED are posted next to every AED. The principal shall, at least annually, notify school employees as to the location of all AED units on the campus. +(2) This section does not prohibit a school employee or other person from rendering aid with an AED. +(d) A manufacturer or retailer supplying an AED shall provide to the acquirer of the AED all information governing the use, installation, operation, training, and maintenance of the AED. +(e) A violation of this section is not subject to penalties pursuant to Section 1798.206. +(f) Nothing in this section or Section 1714.21 of the Civil Code may be construed to require a building owner or a building manager to acquire and have installed an AED in any building. +(g) For purposes of this section, “local EMS agency” means an agency established pursuant to Section 1797.200. +(h) This section does not apply to facilities licensed pursuant to subdivision (a), (b), (c), or (f) of Section 1250.","Existing law exempts from civil liability any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an automated external defibrillator (AED) at the scene of an emergency, except in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment. Existing law also exempts from civil liability a person or entity that acquires an AED for emergency use, a physician who is involved with the placement of the AED, and any person or entity responsible for the site where the AED is located if specified conditions are met, including maintenance and regular testing of the AED and having a written plan that describes the procedures to be followed in case of an emergency that may involve the use of the AED. Under existing law, those specified conditions also require, when an AED is placed in a public or private K–12 school, the school principal to, among other things, ensure that the school administrators and staff annually receive a brochure, approved as to content and style by the American Heart Association or the American Red Cross, that describes the proper use of an AED, to ensure that similar information is posted next to every AED, and to designate the trained employees who are available to respond to an emergency that may involve the use of an AED during normal operating hours. +This bill would provide an exemption from civil liability for a physician and surgeon or other health care professional that is involved in the selection, placement, or installation of an AED. The bill would require a person or entity, other than a health facility as defined, that acquires an AED to, among other things, comply with specified regulations for the placement of the device and ensure that the AED is maintained and tested as specified. The bill would require a building owner to annually notify the tenants as to the location of the AED units and provide information to tenants about who they can contact if they want to voluntarily take AED or CPR training, to offer a demonstration to at least one person associated with the building as to the use of an AED in an emergency, and post instructions for the use of the AED. The bill would also specify that a medical director or physician and surgeon is not required to be involved in the acquisition or placement of an AED. The bill would make related changes. +This bill would revise the public or private K–12 school provisions described above by instead requiring, when an AED is placed in a public or private K–12 school, the school principal to ensure that the school administrators and staff annually receive information that describes sudden cardiac arrest, the school’s emergency response plan, and the proper use of an AED, by instead requiring the school principal to ensure that instructions, in no less than 14-point type, on how to use the AED are posted next to every AED, and by deleting the requirement that the school principal designate the trained employees who are available to respond to an emergency that may involve the use of an AED during normal operating hours.","An act to amend Section 1714.21 of the Civil Code, and to amend Section 1797.196 of the Health and Safety Code, relating to automated external defibrillators." +189,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California is expected to spend $142 billion on health and human services programs this year, which is by far the largest state budget expenditure, while total education spending for kindergarten, grades 1 to 12, inclusive, and higher education programs is only $80 billion per year. +(b) California has the fifth largest Temporary Assistance for Needy Families (TANF) cash grant in the nation, and +the +second largest amongst the 10 largest states, yet poverty remains a persistent problem. +(c) We must recognize that California’s problems of poverty and inequality do not stem from a lack of safety net programs. +(d) California’s social safety net needs to invest in programs that elevate people out of poverty rather than helping people live better in poverty. +SEC. 2. +Article 3.7 (commencing with Section 11337) is added to Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, to read: +Article 3.7. Opportunity Grant Pilot Project +11337. +(a) The State Department of Social +Services +Services, in consultation with the County Welfare Directors Association of California, +shall, no later than July 1, +2016, +2017, +design and implement a five-year pilot project under which monetary grants are provided to organizations operating programs that assist individuals receiving CalWORKs benefits achieve economic independence. +(b) In developing the pilot project described in subdivision (a), the department shall, at a minimum, do all of the following: +(1) Develop a competitive review process for all grant proposals submitted and a methodology to determine grant amounts. +(2) Develop eligibility requirements for organizations seeking a grant. The eligibility requirements shall, at a minimum, require an organization’s program to include all of the elements specified in subdivision (d). The eligibility requirements for organizations seeking a grant do not affect an individual’s eligibility for CalWORKs benefits, as determined by the county. +(3) Develop an ongoing evaluation, utilizing objective criteria, of the effectiveness of an organization receiving grant funding in teaching its program participants the skills necessary to achieve economic independence. The evaluation criteria shall, at a minimum, include an examination of all of the following: +(A) The number and percentage of participants that complete the program. +(B) The number and percentage of program participants that begin the program with a high school diploma or equivalent. +(C) The number and percentage of program participants that achieve a high school diploma or equivalent while in the program. +(D) The number of program participants that obtain nonsubsidized employment of at least 20 hours per week by the time of program completion, with regular followup to determine if this minimum level of nonsubsidized employment is maintained for the duration of the ongoing evaluation required by this paragraph. +(E) The attainment of academic stability for the children of program participants. The department shall develop a definition of academic stability for purposes of this section. +(F) The number and percentage of program participants still receiving CalWORKs benefits upon completion of the program. +(G) The average income of program participants at the time of program completion. +(H) The number and percentage of program participants that achieve family reunification, when applicable. +(4) Develop a periodic progress report for the duration of the pilot project. +(c) The department may enter into an agreement with an academic institution or other entity with sufficient expertise for the purpose of creating, performing, or both creating and performing the evaluation required by paragraph (3) of subdivision (b). The department and any academic institution or other entity the department contracts with to create, perform, or both create and perform the evaluation shall seek input from stakeholders during the development process. +(d) In order to be considered for a grant, an organization shall, at a minimum, include all of the following elements in its program: +(1) Education focused on the attainment of a high school diploma or its equivalent. +(2) Mental health services. +(3) Employment training. +(4) Financial training. +(5) Parenting skills training. +(6) Life skills training. +(7) Child care services. +Each participating child care provider shall obtain a criminal record clearance pursuant to Section 1596.871 of the Health and Safety Code. +If the organization serves only pregnant women, the organization shall not be required to provide child care services to be eligible for grant funding. +(8) A clean and sober environment. +(9) Comprehensive, targeted case management to assist program participants. +(10) Ongoing monitoring of program participants for at least five years after they have completed the program for purposes of measuring long-term program effectiveness. +(11) Trauma-informed social work. +(e) An organization receiving a grant may utilize the grant funds in any reasonable manner, as long as the funds are expended in furtherance of the program elements or other requirements the department establishes. Housing, transportation, and child care expenses for program participants shall be considered an allowable use of grant funds. +(f) (1) The benefits an individual may receive through participation in a program receiving grant funding are in addition to any other public assistance benefits for which the individual may be eligible. +(2) Organizations receiving grant funding may set their own eligibility criteria for their programs as long as the eligibility criteria are consistent with the goals of this pilot project. The criteria for eligibility set by the organization do not affect an individual’s eligibility for CalWORKs benefits, as determined by the county. +(3) Organizations receiving grant funding shall contact the county welfare department upon being notified of the grant and shall make a good faith effort to coordinate their programs with CalWORKs requirements. +(g) Participation in a program administered by an organization receiving grant funding pursuant to this section is voluntary. +(h) (1) No later than December 31, +2020, +2021, +the department, or the academic institution or other entity the department contracted with pursuant to subdivision (c), shall send a report evaluating the effectiveness of the programs funded by the grants to the relevant policy and fiscal committees of the Legislature. The report shall also be posted on the department’s Internet Web site. +(2) The report required by paragraph (1) shall not reveal the identity of any program participant, nor shall it contain any personally identifiable information. +(3) The report required by paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. +11338. +This article shall become inoperative on July 1, +2021, +2022, +and, as of January 1, +2022, +2023, +is repealed, unless a later enacted statute, that becomes operative on or before January 1, +2022, +2023, +deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 3. +The sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to the State Department of Social Services for purposes of funding the pilot program developed pursuant to Article 3.7 (commencing with Section 11337) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code.","Existing federal law provides for the allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. +This bill would require the State Department of Social Services, +in consultation with the County Welfare Directors Association of California, +no later than July 1, +2016, +2017, +to design and implement a 5-year pilot project under which monetary grants are provided to organizations operating programs that assist individuals receiving CalWORKs benefits achieve economic independence. The bill would require the department, in developing the pilot project, among other things, to develop a competitive review process for all grant proposals submitted, +to develop eligibility requirements for organizations seeking a grant, +and to develop an ongoing evaluation of the effectiveness of an organization receiving grant funding in teaching its program participants the skills necessary to achieve economic independence. The bill would authorize the department to enter into an agreement with an academic institution or other entity with sufficient expertise for the purpose of creating, performing, or both creating and performing the evaluation. The bill would authorize an organization receiving a grant to utilize the funds in any reasonable manner, as long as the funds are expended in furtherance of the organization’s program or other requirements established by the department. +The bill would require organizations receiving grant funding to contact the county welfare department upon being notified of the grant and to make a good faith effort to coordinate their programs with CalWORKs requirements. +The bill would require the department, or the academic institution or other entity the department contracted with, to send a report evaluating the effectiveness of the programs funded by the grants to the relevant policy and fiscal committees of the Legislature by December 31, +2020. +2021. +The bill would appropriate $50,000,000 from the General Fund for the purpose of funding these provisions. The bill would make these provisions inoperative on July 1, +2021, +2022, +and would repeal them on January 1, +2022. +2023.","An act to add and repeal Article 3.7 (commencing with Section 11337) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, relating to public social services, and making an appropriation therefor." +190,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 42023.1 of the Public Resources Code is amended to read: +42023.1. +(a) The Recycling Market Development Revolving Loan Subaccount is hereby created in the account for the purpose of providing loans for purposes of the Recycling Market Development Revolving Loan Program established pursuant to this article and for making payments pursuant to subdivision (g). +(b) Notwithstanding Section 13340 of the Government Code, the funds deposited in the subaccount are hereby continuously appropriated to the department without regard to fiscal year for making loans pursuant to this article and for making payments pursuant to subdivision (g). +(c) The department may expend interest earnings on funds in the subaccount for administrative expenses incurred in carrying out the Recycling Market Development Revolving Loan Program, upon the appropriation of funds in the subaccount for that purpose in the annual Budget Act. +(d) The money from loan repayments and fees, including, but not limited to, principal and interest repayments, fees and points, recovery of collection costs, income earned on an asset recovered pursuant to a loan default, and funds collected through foreclosure actions shall be deposited in the subaccount. +(e) All interest accruing on interest payments from loan applicants shall be deposited in the subaccount. +(f) The department may expend the money in the subaccount to make loans to local governing bodies, private businesses, and nonprofit entities within recycling market development zones, or in areas outside zones where partnerships exist with other public entities to assist local jurisdictions to comply with Section 40051. +(g) The department may expend the money in the subaccount to make payments to local governing bodies within a recycling market zone for services related to the promotion of the zone. The services may include, but are not limited to, training, outreach, development of written promotional materials, and technical analyses of feedstock availability. +(h) The department shall not fund a loan until it determines that the applicant has obtained all significant applicable federal, state, and local permits. The department shall determine which applicable federal, state, and local permits are significant. +(i) The department shall establish and collect fees for applications for loans authorized by this section. The application fee shall be set at a level that is sufficient to fund the department’s cost of processing applications for loans. In addition, the department shall establish a schedule of fees or points for loans that are entered into by the department, to fund the department’s administration of the revolving loan program. +(j) The department may expend money in the subaccount for the administration of the Recycling Market Development Revolving Loan Program, upon the appropriation of funds in the subaccount for that purpose in the annual Budget Act. In addition, the department may expend money in the account to administer the revolving loan program, upon the appropriation of funds in the subaccount for that purpose in the annual Budget Act. However, funding for the administration of the revolving loan program from the account shall be provided only if there are not sufficient funds in the subaccount to fully fund the administration of the program. +(k) The department, pursuant to subdivision (a) of Section 47901, may set aside funds for the purposes of paying costs necessary to protect the state’s position as a lender-creditor. These costs shall be broadly construed to include, but not be limited to, foreclosure expenses, auction fees, title searches, appraisals, real estate brokerage fees, attorney fees, mortgage payments, insurance payments, utility costs, repair costs, removal and storage costs for repossessed equipment and inventory, and additional expenditures to purchase a senior lien in foreclosure or bankruptcy proceedings. +(l) (1) Except as provided in paragraph (2), this section shall become inoperative on July 1, 2021, and as of January 1, 2022, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2022, deletes or extends the date on which it becomes inoperative and is repealed. +(2) The repeal of this section pursuant to paragraph (1) shall not extinguish any loan obligation or the authority of the state to pursue appropriate actions for the collection of a loan. +SEC. 2. +Section 48705 of the Public Resources Code is amended to read: +48705. +(a) On or before November 1, 2016, and each year thereafter, a manufacturer of architectural paint sold in this state shall, individually or through a representative stewardship organization, submit a report to the department describing its architectural paint recovery efforts. At a minimum, the report shall include all of the following: +(1) The total volume of architectural paint sold in this state during the preceding fiscal year. +(2) The total volume of postconsumer architectural paint recovered in this state during the preceding fiscal year. +(3) A description of methods used to collect, transport, and process postconsumer architectural paint in this state. +(4) The total cost of implementing the architectural paint stewardship program. +(5) An evaluation of how the architectural paint stewardship program’s funding mechanism operated. +(6) An independent financial audit funded from the paint stewardship assessment. +(7) Examples of educational materials that were provided to consumers the first year and any changes to those materials in subsequent years. +(b) The department shall review the annual report required pursuant to this section and within 90 days of receipt shall adopt a finding of compliance or noncompliance with this chapter.","(1) Existing law requires the Department of Resources Recycling and Recovery to develop a comprehensive market development plan that will stimulate market demand in the state for postconsumer waste material and secondary waste material generated in the state. Existing law authorizes a local governing body, as defined, to propose eligible property within its jurisdiction as a recycling market development zone, as defined, and authorizes the department to designate recycling market development zones. +Existing law creates the Recycling Market Development Revolving Loan Subaccount and continuously appropriates the funds deposited in the subaccount to the department for making loans to local governing bodies, private businesses, and nonprofit entities within the recycling market development zones and in other specified areas for purposes of the Recycling Market Development Revolving Loan Program. Existing law makes these provisions inoperative on July 1, 2021. +This bill would authorize the department to expend moneys in the subaccount to make payments to local governing bodies within recycling market development zones for services related to the promotion of the zone. By expanding the purposes of a continuously appropriated fund, the bill would make an appropriation. +(2) The California Integrated Waste Management Act of 1989 requires a manufacturer of architectural paint or the designated stewardship organization to submit to the Department of Resources Recycling and Recovery an architectural paint stewardship plan to develop and implement a recovery program to manage the end of life of postconsumer architectural paint. A manufacturer is required to submit a report to the department by September 1 of each year, describing its paint recovery efforts. +This bill would change the date when the report is due to November 1 of each year.","An act to amend Sections 42023.1 and 48705 of the Public Resources Code, relating to recycling, and making an appropriation therefor." +191,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 89036.5 is added to the Education Code, to read: +89036.5. +(a) The purpose of this section is to establish standards for the use of personal services contracts. +(b) The trustees may enter into personal services contracts to achieve cost savings when all the following conditions are met: +(1) The trustees clearly demonstrate that the proposed contract will result in actual overall cost savings to the California State University, provided that: +(A) In comparing costs, there shall be included the university’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. +(B) In comparing costs, there shall not be included the university’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by university employees. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. +(C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing university costs that would be directly associated with the contracted function. These continuing costs shall include, but not be limited to, those for inspection, supervision, and monitoring. +(2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not significantly undercut university pay rates. +(3) The contract does not cause the displacement of university employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. +(4) The contract does not adversely affect the university’s affirmative action efforts. +(5) The savings shall be large enough to ensure that they will not be eliminated by private sector and university cost fluctuations that could normally be expected during the contracting period. +(6) The amount of savings clearly justify the size and duration of the contracting agreement. +(7) The contract is awarded through a publicized, competitive bidding process. +(8) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination, affirmative action standards. +(9) The potential for future economic risk to the university from potential contractor rate increases is minimal. +(10) The contract is with a firm. A “firm” means a corporation, partnership, nonprofit organization, or sole proprietorship. +(11) The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by university. +(c) The trustees may also enter into personal services contracts when any of the following conditions can be met: +(1) The contract is for a new university function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. +(2) The services contracted are not available within the university, cannot be performed satisfactorily by university employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available from the university’s employees. +(3) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. +(4) The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of university employees because of the need to protect against a conflict of interest or to insure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. +(5) Due to an emergency, a contract is necessary for the immediate preservation of the public health, welfare, or safety. +(6) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the university in the location where the services are to be performed. +(7) The contractor will conduct training courses for which appropriately qualified university instructors are not available, provided that permanent instructor positions in academies or similar settings shall be filled through the process for hiring university employees. +(8) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation through the process for hiring university employees would frustrate their very purpose. +SECTION 1. +Section 19130 of the +Government Code +is amended to read: +19130. +The purpose of this article is to establish standards for the use of personal services contracts. +(a)Personal services contracting is permissible to achieve cost savings when all the following conditions are met: +(1)The contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the state, provided that: +(A)In comparing costs, there shall be included the state’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. +(B)In comparing costs, there shall not be included the state’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed in state service. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. +(C)In comparing costs, there shall be included in the cost of a contractor providing a service any continuing state costs that would be directly associated with the contracted function. These continuing state costs shall include, but not be limited to, those for inspection, supervision, and monitoring. +(2)Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not significantly undercut state pay rates. +(3)The contract does not cause the displacement of civil service employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. +(4)The contract does not adversely affect the state’s affirmative action efforts. +(5)The savings shall be large enough to ensure that they will not be eliminated by private sector and state cost fluctuations that could normally be expected during the contracting period. +(6)The amount of savings clearly justify the size and duration of the contracting agreement. +(7)The contract is awarded through a publicized, competitive bidding process. +(8)The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination, affirmative action standards. +(9)The potential for future economic risk to the state from potential contractor rate increases is minimal. +(10)The contract is with a firm. A “firm” means a corporation, partnership, nonprofit organization, or sole proprietorship. +(11)The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by state government. +(b)Personal services contracting also shall be permissible when any of the following conditions can be met: +(1)The functions contracted are exempted from civil service by Section 4 of Article VII of the California Constitution, which describes exempt appointments. +(2)The contract is for a new state function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. +(3)The services contracted are not available within civil service, cannot be performed satisfactorily by civil service employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the civil service system. +(4)The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. +(5)The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of persons selected pursuant to the regular civil service system. Contracts are permissible under this criterion to protect against a conflict of interest or to insure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. +(6)The nature of the work is such that the Government Code standards for emergency appointments apply. These contracts shall conform with Article 8 (commencing with Section 19888) of Chapter 2.5 of Part 2.6. +(7)State agencies need private counsel because a conflict of interest on the part of the Attorney General’s office prevents it from representing the agency without compromising its position. These contracts shall require the written consent of the Attorney General, pursuant to Section 11040. +(8)The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the state in the location where the services are to be performed. +(9)The contractor will conduct training courses for which appropriately qualified civil service instructors are not available, provided that permanent instructor positions in academies or similar settings shall be filled through civil service appointment. +(10)The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under civil service would frustrate their very purpose. +(c)All persons who provide services to the state under conditions the board determines constitute an employment relationship shall, unless exempted from civil service by Section 4 of Article VII of the California Constitution, be retained under an appropriate civil service appointment. +(d)This article shall apply to the California State University. Any reference in this article to a contracting agency or a state agency shall include the California State University.","Existing +law +law, the State Civil Service Act, +establishes standards for the use of personal services contracts by state agencies. +Existing law +The act +provides that personal services contracting is permissible to achieve cost savings when certain conditions are met, including, but not limited to, that the contracting agency demonstrates that the proposed contract will result in actual overall cost savings to the state and that the contract will not cause the displacement of civil service employees. +The act also +authorizes state agencies to enter into personal services contracts for functions exempted from civil service. The California Constitution excludes the officers and employees of the California State University from the state civil service. +This bill would make these provisions for the use of personal services contracts applicable to California State Universities. +Existing law authorizes the trustees of the California State University to enter into agreements with any public or private agency, person, or institution for the furnishing of services, facilities, goods, supplies, or equipment, among others, and requires the trustees to prescribe policies and procedures for the acquisition of those services, facilities, materials, goods, supplies, or equipment. +This bill would establish standards for the use of personal services contracts by the trustees of the California State University similar to those in the State Civil Service Act.","An act to +amend Section 19130 of the Government +add Section 89036.5 to the Education +Code, relating to personal +service +services +contracts." +192,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4073.5 is added to the Business and Professions Code, to read: +4073.5. +(a) A pharmacist filling a prescription order for a prescribed biological product may select an alternative biological product only if all of the following: +(1) The alternative biological product is interchangeable. +(2) The prescriber does not personally indicate “Do not substitute,” or words of similar meaning, in the manner provided in subdivision (d). +(b) Within five days following the dispensing of a biological product, a dispensing pharmacist or the pharmacists’ designee shall make an entry of the specific biological product provided to the patient, including the name of the biological product and the manufacturer. The communication shall be conveyed by making an entry that can be electronically accessed by the prescriber through one or more of the following electronic records systems: +(1) An interoperable electronic medical records system. +(2) An electronic prescribing technology. +(3) A pharmacy benefit management system. +(4) A pharmacy record. +(c) Entry into an electronic records system as described in subdivision (b) is presumed to provide notice to the prescriber. +(d) If the pharmacy does not have access to one or more of the entry systems in subdivision (b), the pharmacist or the pharmacist’s designee shall communicate the name of the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means, except that communication shall not be required in this instance to the prescriber when either of the following apply: +(1) There is no interchangeable biological product approved by the federal Food and Drug Administration for the product prescribed. +(2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription. +(e) In no case shall a selection be made pursuant to this section if the prescriber personally indicates, either orally or in his or her own handwriting, “Do not substitute,” or words of similar meaning. +(1) This subdivision shall not prohibit a prescriber from checking a box on a prescription marked “Do not substitute,” provided that the prescriber personally initials the box or checkmark. +(2) To indicate that a selection shall not be made pursuant to this section for an electronic data transmission prescription, as defined in subdivision (c) of Section 4040, a prescriber may indicate “Do not substitute,” or words of similar meaning, in the prescription as transmitted by electronic data, or may check a box marked on the prescription “Do not substitute.” In either instance, it shall not be required that the prohibition on substitution be manually initialed by the prescriber. +(f) Selection pursuant to this section is within the discretion of the pharmacist, except as provided in subdivision (e). A pharmacist who selects an alternative biological product to be dispensed pursuant to this section shall assume the same responsibility for substituting the biological product as would be incurred in filling a prescription for a biological product prescribed by name. There shall be no liability on the prescriber for an act or omission by a pharmacist in selecting, preparing, or dispensing a biological product pursuant to this section. In no case shall the pharmacist select a biological product that meets the requirements of subdivision (a) unless the cost to the patient of the biological product selected is the same or less than the cost of the prescribed biological product. Cost, as used in this subdivision, includes any professional fee that may be charged by the pharmacist. +(g) This section shall apply to all prescriptions, including those presented by or on behalf of persons receiving assistance from the federal government or pursuant to the Medi-Cal Act set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. +(h) When a selection is made pursuant to this section, the substitution of a biological product shall be communicated to the patient. +(i) The board shall maintain on its public Internet Web site a link to the current list, if available, of biological products determined by the federal Food and Drug Administration to be interchangeable. +(j) For purposes of this section, the following terms shall have the following meanings: +(1) “Biological product” has the same meaning that applies to that term under Section 351 of the federal Public Health Service Act (42 U.S.C. Sec. 262(i)). +(2) “Interchangeable” means a biological product that the federal Food and Drug Administration has determined meets the standards set forth in Section 262(k)(4) of Title 42 of the United States Code, or has been deemed therapeutically equivalent by the federal Food and Drug Administration as set forth in the latest addition or supplement of the Approved Drug Products with Therapeutic Equivalence Evaluations. +(3) “Prescription,” with respect to a biological product, means a prescription for a product that is subject to Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 353(b)). +(k) This section shall not prohibit the administration of immunizations, as permitted in Sections 4052 and 4052.8. +(l) This section shall not prohibit a disability insurer or health care service plan from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any biological product. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Pharmacy Law governs the practice of pharmacy in this state, including the permissible duties of licensed pharmacists. The Pharmacy Law authorizes a pharmacist filling a prescription order for a drug product prescribed by its trade or brand name to select another drug product with the same active chemical ingredients of the same strength, quantity, and dosage form, and of the same generic drug name as determined, as specified, of those drug products having the same active chemical ingredients. A knowing violation of the Pharmacy Law is a misdemeanor. +This bill, except as specified, would authorize a pharmacist to select an alternative biological product when filling a prescription order for a prescribed biological product if the alternative biological product is interchangeable, as defined, and the prescriber does not personally indicate in a prescribed manner that a substitution is not to be made. The bill would require a pharmacist or a designee, within a specified period following the dispensing of a biological product, to make an electronically accessible entry in a described entry system of the specific biological product provided to the patient. The bill would provide an alternate means of communicating the name of the biological product dispensed to the prescriber if the pharmacy does not have access to one or more of the described entry systems. The bill would also require that the substitution of a biological product be communicated to the patient. The bill would prohibit a pharmacist from selecting an alternative biological product that meets the requirements of these provisions unless the cost to the patient of the alternative biological product selected is the same or less than the cost of the prescribed biological product. Because a knowing violation of these requirements would be a misdemeanor, the bill would create new crimes, thereby imposing a state-mandated local program. +The bill would also require the California State Board of Pharmacy to maintain on its public Internet Web site a link to the current list, if available, of biological products determined by the federal Food and Drug Administration to be interchangeable. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 4073.5 to the Business and Professions Code, relating to pharmacy." +193,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1262.5 of the Health and Safety Code is amended to read: +1262.5. +(a) Each hospital shall have a written discharge planning policy and process. +(b) The policy required by subdivision (a) shall require that appropriate arrangements for posthospital care, including, but not limited to, care at home, in a skilled nursing or intermediate care facility, or from a hospice, are made prior to discharge for those patients who are likely to suffer adverse health consequences upon discharge if there is no adequate discharge planning. If the hospital determines that the patient and family members or interested persons need to be counseled to prepare them for posthospital care, the hospital shall provide for that counseling. +(c) As part of the discharge planning process, the hospital shall provide each patient who has been admitted to the hospital as an inpatient with an opportunity to identify one family caregiver who may assist in posthospital care, and shall record this information in the patient’s medical chart. +(A) In the event that the patient is unconscious or otherwise incapacitated upon admittance to the hospital, the hospital shall provide the patient or patient’s legal guardian with an opportunity to designate a caregiver within a specified time period, at the discretion of the attending physician, following the patient’s recovery of consciousness or capacity. The hospital shall promptly document the attempt in the patient’s medical record. +(B) In the event that the patient or legal guardian declines to designate a caregiver pursuant to this section, the hospital shall promptly document this declination in the patient’s medical record, when appropriate. +(d) The policy required by subdivision (a) shall require that the patient’s designated family caregiver be notified of the patient’s discharge or transfer to another facility as soon as possible and, in any event, upon issuance of a discharge order by the patient’s attending physician. If the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge of the patient. The hospital shall promptly document the attempted notification in the patient’s medical record. +(e) The process required by subdivision (a) shall require that the patient and family caregiver be informed of the continuing health care requirements following discharge from the hospital. The right to information regarding continuing health care requirements following discharge shall also apply to the person who has legal responsibility to make decisions regarding medical care on behalf of the patient, if the patient is unable to make those decisions for himself or herself. The hospital shall provide an opportunity for the patient and his or her designated family caregiver to engage in the discharge planning process, which shall include providing information and, when appropriate, instruction regarding the posthospital care needs of the patient. This information shall include, but is not limited to, education and counseling about the patient’s medications, including dosing and proper use of medication delivery devices, when applicable. The information shall be provided in a culturally competent manner and in a language that is comprehensible to the patient and caregiver, consistent with the requirements of state and federal law, and shall include an opportunity for the caregiver to ask questions about the posthospital care needs of the patient. +(f) (1) A transfer summary shall accompany the patient upon transfer to a skilled nursing or intermediate care facility or to the distinct part-skilled nursing or intermediate care service unit of the hospital. The transfer summary shall include essential information relative to the patient’s diagnosis, hospital course, pain treatment and management, medications, treatments, dietary requirement, rehabilitation potential, known allergies, and treatment plan, and shall be signed by the physician. +(2) A copy of the transfer summary shall be given to the patient and the patient’s legal representative, if any, prior to transfer to a skilled nursing or intermediate care facility. +(g) A hospital shall establish and implement a written policy to ensure that each patient receives, at the time of discharge, information regarding each medication dispensed, pursuant to Section 4074 of the Business and Professions Code. +(h) A hospital shall provide every patient anticipated to be in need of long-term care at the time of discharge with contact information for at least one public or nonprofit agency or organization dedicated to providing information or referral services relating to community-based long-term care options in the patient’s county of residence and appropriate to the needs and characteristics of the patient. At a minimum, this information shall include contact information for the area agency on aging serving the patient’s county of residence, local independent living centers, or other information appropriate to the needs and characteristics of the patient. +(i) A contract between a general acute care hospital and a health care service plan that is issued, amended, renewed, or delivered on or after January 1, 2002, may not contain a provision that prohibits or restricts any health care facility’s compliance with the requirements of this section. +(j) Discharge planning policies adopted by a hospital in accordance with this section shall ensure that planning is appropriate to the condition of the patient being discharged from the hospital and to the discharge destination and meets the needs and acuity of patients. +(k) This section does not require a hospital to do either of the following: +(1) Adopt a policy that would delay discharge or transfer of a patient. +(2) Disclose information if the patient has not provided consent that meets the standards required by state and federal laws governing the privacy and security of protected health information. +(l) This section does not supersede or modify any privacy and information security requirements and protections in federal and state law regarding protected health information or personally identifiable information, including, but not limited to, the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg). +(m) For the purposes of this section, “family caregiver” means a relative, friend, or neighbor who provides assistance related to an underlying physical or mental disability but who is unpaid for those services. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires the State Department of Public Health to license and regulate health facilities, defined to mean a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, as specified. Existing law requires hospitals, among other things, to have a written discharge planning policy and process that requires appropriate arrangements to be made for posthospital care. A violation of those provisions is a crime. +This bill would require a hospital to take specified actions relating to family caregivers, including, among others, notifying the family caregiver of the patient’s discharge or transfer to another facility and providing information and counseling regarding the posthospital care needs of the patient, if the patient has consented to the disclosure of this information. By expanding the scope of a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1262.5 of the Health and Safety Code, relating to health facilities." +194,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 502.01 of the Penal Code is amended to read: +502.01. +(a) As used in this section: +(1) “Property subject to forfeiture” means any property of the defendant that is illegal telecommunications equipment as defined in subdivision (g) of Section 502.8, or a computer, computer system, or computer network, and any software or data residing thereon, if the telecommunications device, computer, computer system, or computer network was used in committing a violation of, or conspiracy to commit a violation of, subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 422, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, or 530.5, 537e, 593d, 593e, 646.9, or subdivision (j) of Section 647, or was used as a repository for the storage of software or data obtained in violation of those provisions. Forfeiture shall not be available for any property used solely in the commission of an infraction. If the defendant is a minor, it also includes property of the parent or guardian of the defendant. +(2) “Sentencing court” means the court sentencing a person found guilty of violating or conspiring to commit a violation of subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 422, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdi0 1em 0;"">(b) The sentencing court shall, upon petition by the prosecuting attorney, at any time following sentencing, or by agreement of all parties, at the time of sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this section. At the forfeiture hearing, the prosecuting attorney shall have the burden of establishing, by a preponderance of the evidence, that the property or property interests are subject to forfeiture. The prosecuting attorney may retain seized property that may be subject to forfeiture until the sentencing hearing. +(c) (1) Prior to the commencement of a forfeiture proceeding, the law enforcement agency seizing the property subject to forfeiture shall make an investigation as to any person other than the defendant who may have an interest in it. At least 30 days before the hearing to determine whether the property should be forfeited, the prosecuting agency shall send notice of the hearing to any person who may have an interest in the property that arose before the seizure. +(2) A person claiming an interest in the property shall file a motion for the redemption of that interest at least 10 days before the hearing on forfeiture, and shall send a copy of the motion to the prosecuting agency and to the probation department. +(3) If a motion to redeem an interest has been filed, the sentencing court shall hold a hearing to identify all persons who possess valid interests in the property. No person shall hold a valid interest in the property if, by a preponderance of the evidence, the prosecuting agency shows that the person knew or should have known that the property was being used in violation of, or conspiracy to commit a violation of, subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, 530.5, 537e, 593d, 593e, 646.9, or subdivision (j) of Section 647, and that the person did not take reasonable steps to prevent that use, or if the interest is a security interest, the person knew or should have known at the time that the security interest was created that the property would be used for a violation. +(d) If the sentencing court finds that a person holds a valid interest in the property, the following provisions shall apply: +(1) The court shall determine the value of the property. +(2) The court shall determine the value of each valid interest in the property. +(3) If the value of the property is greater than the value of the interest, the holder of the interest shall be entitled to ownership of the property upon paying the court the difference between the value of the property and the value of the valid interest. +If the holder of the interest declines to pay the amount determined under paragraph (2), the court may order the property sold and designate the prosecutor or any other agency to sell the property. The designated agency shall be entitled to seize the property and the holder of the interest shall forward any documentation underlying the interest, including any ownership certificates for that property, to the designated agency. The designated agency shall sell the property and pay the owner of the interest the proceeds, up to the value of that interest. +(4) If the value of the property is less than the value of the interest, the designated agency shall sell the property and pay the owner of the interest the proceeds, up to the value of that interest. +(e) If the defendant was a minor at the time of the offense, this subdivision shall apply to property subject to forfeiture that is the property of the parent or guardian of the minor. +(1) The prosecuting agency shall notify the parent or guardian of the forfeiture hearing at least 30 days before the date set for the hearing. +(2) The computer or telecommunications device shall not be subject to forfeiture if the parent or guardian files a signed statement with the court at least 10 days before the date set for the hearing that the minor shall not have access to any computer or telecommunications device owned by the parent or guardian for two years after the date on which the minor is sentenced. +(3) If the minor is convicted of a violation of Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a, 472, 476, 480, or subdivision (b) of Section 484e, subdivision (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, 530.5, or subdivision (j) of Section 647, within two years after the date on which the minor is sentenced, and the violation involves a computer or telecommunications device owned by the parent or guardian, the original property subject to forfeiture, and the property involved in the new offense, shall be subject to forfeiture notwithstanding paragraph (2). +(4) Notwithstanding paragraph (1), (2), or (3), or any other provision of this chapter, if a minor’s parent or guardian makes full restitution to the victim of a crime enumerated in this chapter in an amount or manner determined by the court, the forfeiture provisions of this chapter do not apply to the property of that parent or guardian if the property was located in the family’s primary residence during the commission of the crime. +(f) Notwithstanding any other provision of this chapter, the court may exercise its discretion to deny forfeiture where the court finds that the convicted defendant, or minor adjudicated to come within the jurisdiction of the juvenile court, is not likely to use the property otherwise subject to forfeiture for future illegal acts. +(g) If the defendant is found to have the only valid interest in the property subject to forfeiture, it shall be distributed as follows: +(1) First, to the victim, if the victim elects to take the property as full or partial restitution for injury, victim expenditures, or compensatory damages, as defined in paragraph (1) of subdivision (e) of Section 502. If the victim elects to receive the property under this paragraph, the value of the property shall be determined by the court and that amount shall be credited against the restitution owed by the defendant. The victim shall not be penalized for electing not to accept the forfeited property in lieu of full or partial restitution. +(2) Second, at the discretion of the court, to one or more of the following agencies or entities: +(A) The prosecuting agency. +(B) The public entity of which the prosecuting agency is a part. +(C) The public entity whose officers or employees conducted the investigation resulting in forfeiture. +(D) Other state and local public entities, including school districts. +(E) Nonprofit charitable organizations. +(h) If the property is to be sold, the court may designate the prosecuting agency or any other agency to sell the property at auction. The proceeds of the sale shall be distributed by the court as follows: +(1) To the bona fide or innocent purchaser or encumbrancer, conditional sales vendor, or mortgagee of the property up to the amount of his or her interest in the property, if the court orders a distribution to that person. +(2) The balance, if any, to be retained by the court, subject to the provisions for distribution under subdivision (g). +SEC. 2. +Section 647.8 is added to the Penal Code, to read: +647.8. +(a) Matter that is obtained or distributed in violation of subdivision (j) of Section 647 and that is in the possession of any city, county, city and county, or state official or agency is subject to forfeiture pursuant to this section. +(b) An action to forfeit matter described in subdivision (a) may be brought by the Attorney General, the district attorney, county counsel, or the city attorney. Proceedings shall be initiated by a petition of forfeiture filed in the superior court of the county in which the matter is located. +(c) The prosecuting agency shall make service of process of a notice regarding that petition upon every individual who may have a property interest in the alleged proceeds. The notice shall state that any interested party may file a verified claim with the superior court stating the amount of his or her claimed interest and an affirmation or denial of the prosecuting agency’s allegation. If the notice cannot be given by registered mail or personal delivery, the notice shall be published for at least three successive weeks in a newspaper of general circulation in the county where the property is located. All notices shall set forth the time within which a claim of interest in the property seized is required to be filed. +(d) (1) Any person claiming an interest in the property or proceeds may, at any time within 30 days from the date of the first publication of the notice of seizure, or within 30 days after receipt of actual notice, file with the superior court of the county in which the action is pending a verified claim stating his or her interest in the property or proceeds. A verified copy of the claim shall be given by the claimant to the Attorney General or district attorney, county counsel, or city attorney, as appropriate. +(2) If, at the end of the time set forth in paragraph (1), an interested person has not filed a claim, the court, upon motion, shall declare that the person has defaulted upon his or her alleged interest, and it shall be subject to forfeiture upon proof of compliance with subdivision (c). +(e) The burden is on the petitioner to prove beyond a reasonable doubt that matter is subject to forfeiture pursuant to this section. +(f) It is not necessary to seek or obtain a criminal conviction prior to the entry of an order for the destruction of matter pursuant to this section. Any matter described in subdivision (a) that is in the possession of any city, county, city and county, or state official or agency, including found property, or property obtained as the result of a case in which no trial was had or that has been disposed of by way of dismissal or otherwise than by way of conviction may be ordered destroyed. +(g) A court order for destruction of matter described in subdivision (a) may be carried out by a police or sheriff’s department or by the Department of Justice. The court order shall specify the agency responsible for the destruction. +(h) As used in this section, “matter” means any picture, photograph, image, motion picture, video tape, film, filmstrip, negative, slide, photocopy, or other pictorial representation, recording, or electrical reproduction. “Matter” also means any data storage media that contains the image at issue, but does not include the computer, camera, telecommunication or electronic device, unless the matter consists solely of electronic information stored on a device that cannot be altered or erased. +(i) Prior for granting an order for destruction of matter pursuant to this section, the court may require the petitioner to demonstrate that the petition covers no more property than necessary to remove possession of the offending matter. +(j) It is a defense in any forfeiture proceeding that the matter seized was lawfully possessed in aid of legitimate scientific or educational purposes.","Existing law provides that a person who photographs or records by any means the image of the intimate body part or parts of another identifiable person, under circumstances where the parties agree or understand that the image shall remain private, and the person subsequently distributes the image taken, with the intent to cause serious emotional distress, and the depicted person suffers serious emotional distress, is guilty of disorderly conduct, a misdemeanor. +Under existing law, matter that depicts a person under 18 years of age personally engaging in or personally simulating sexual conduct, as defined, and that is in the possession of any city, county, city and county, or state official or agency is subject to forfeiture pursuant to a petition for forfeiture brought in the county in which the matter is located. Existing law provides for forfeiture by a defendant of illegal telecommunications equipment, or a computer, computer system, or computer network, and any software or data that was used in committing specified crimes, including depiction of a person under 18 years of age personally engaging in or personally simulating sexual conduct. +This bill would make the forfeiture provisions described above applicable to illegal telecommunications equipment, or a computer, computer system, or computer network, and any software or data, when used in committing a violation of disorderly conduct related to invasion of privacy, as specified. The bill would also establish forfeiture proceedings for matter obtained through disorderly conduct by invasion of privacy, as specified.","An act to amend Section 502.01 of, and to add Section 647.8 to, the Penal Code, relating to disorderly conduct." +195,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 71621 is added to the Government Code, to read: +71621. +The purpose of this section is to establish standards for when a trial court intends to enter into a contract for any services that are currently or have been customarily performed by that trial court’s employees. +(a) Contracts for services that are currently or customarily performed by a trial court’s employees are permissible to achieve cost savings in that trial court when all of the following conditions are met: +(1) The trial court clearly demonstrates that the proposed contract will result in actual overall cost savings to the trial court, provided that: +(A) In comparing costs, there shall be included the trial court’s additional costs of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the costs of additional space, equipment, and materials needed to perform the function. +(B) In comparing costs, there shall not be included the trial court’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the trial court. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. +(C) In comparing costs, there shall be included in the costs of a contractor providing a service any continuing trial court costs that would be directly associated with the contracted function. These continuing trial court costs shall include, but not be limited to, those for inspection, supervision, and monitoring. +(2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Contracts shall be eligible for approval if the contractor’s wages are at the industry’s level and do not significantly undercut trial court pay rates. +(3) The contract does not cause the displacement of trial court employees. The term “displacement” includes layoff, demotion, loss of employment or employment seniority, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. +(4) The savings shall be large enough to ensure that they will not be eliminated by private sector and trial court cost fluctuations that could normally be expected during the contracting period. +(5) The amount of savings clearly justifies the size and duration of the contracting agreement. +(6) The contract is awarded through a publicized, competitive bidding process. +(7) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination standards. +(8) The potential for future economic risk to the trial court from potential contractor rate increases is minimal. +(9) The contract is with a firm. A “firm” means a corporation, partnership, nonprofit organization, or sole proprietorship. +(10) The potential economic advantage of contracting out is not outweighed by the public’s interest in having a particular function performed directly by the trial court. +(11) The contract shall also comply with any additional requirements imposed by the Judicial Branch Contracting Manual adopted pursuant to Section 19206 of the Public Contract Code to the extent those requirements are applicable to the contract. +(b) This section does not preclude a trial court or the Judicial Council from adopting more restrictive rules regarding the contracting of court services. +(c) Contracting shall also be permissible when any of the following conditions can be met: +(1) The contract is for a new trial court function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. +(2) The contract is between a trial court and another trial court or government entity for services to be performed by employees of the other trial court or employees of the government entity. +(3) The services contracted for cannot be satisfactorily performed by trial court employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability cannot be obtained from the court’s trial court employees. +(4) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts described in this paragraph, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. Service agreements do not include contracts to operate equipment or computers for purposes other than service or maintenance. +(5) The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of trial court employees because of the need to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for an independent, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. +(6) Due to an emergency, a contract is necessary for the immediate preservation of the public health, welfare, or safety. +(7) The contractor will conduct training courses for which appropriately qualified trial court employee instructors are not available from the court, provided that permanent instructor positions shall be filled through the process for hiring trial court employees. +(8) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the trial court in the location where the services are to be performed. This paragraph shall not apply to services contracted in order to open closed courthouses if those services were performed by trial court employees before the closure or for the ongoing operation of new or reopened courthouses. +(9) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation through the process for hiring trial court employees would frustrate their very purpose. This paragraph shall not apply to the services of official court reporters, except individual official reporters pro tempore may be used by a trial court when the criteria of this paragraph are met. +(10) The contract is a personal services contract developed pursuant to rehabilitation programs in accordance with Sections 19403 and 19404 of the Welfare and Institutions Code, pursuant to habilitation programs in accordance with Chapter 13 (commencing with Section 4850) of Division 4.5 of the Welfare and Institutions Code, or pursuant to a program vendored or contracted through a regional center or the State Department of Developmental Services in accordance with the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code), and the contract will not cause an existing trial court employee to incur a loss of his or her employment or employment seniority; a reduction in wages, benefits, or hours; or an involuntary transfer to a new location requiring a change in residence. +(11) The contract is for the services of any court interpreter. Contracts for the services of any court interpreter, and restrictions on contracting out interpreter services, shall be governed by the Trial Court Interpreter Employment and Labor Relations Act (Chapter 7.5 (commencing with Section 71800)) and any memorandum of understanding or agreement entered into pursuant to that act, or by the other provisions of this chapter, the Trial Court Employment Protection and Governance Act, and any memorandum of understanding or agreement entered into pursuant to that act, as applicable. +(12) The contract is for services provided to a court by a traffic assistance program, as provided in Section 11205.2 of the Vehicle Code. +SEC. 2. +The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","The Trial Court Employment Protection and Governance Act establishes a trial court employee personnel system that provides authority to hire trial court personnel, regulates the classification and compensation of trial court employees, labor relations, and personnel files, and requires each trial court to establish a system of employment selection and advancement and an employment protection system. +Existing law authorizes state agencies to use personal services contracts to achieve cost savings if specified standards are satisfied, including, among other things, the contract does not cause the displacement of civil service employees and the contract is awarded through a publicized, competitive bidding process. The State Personnel Board is required to review a proposed contract upon the request of an employee organization for compliance with those standards. +This bill would establish specified standards if a trial court intends to enter into a contract for any services that are currently or customarily performed by that trial court’s employees. Among other things, the bill would require the trial court to clearly demonstrate that the proposed contract will result in actual overall cost savings to the trial court. The bill would provide that those standards do not apply to a contract under certain circumstances, including, among others, when the services are incidental to a contract for the purchase or lease of real or personal property. +This bill would provide that its provisions are severable.","An act to add Section 71621 to the Government Code, relating to courts." +196,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 23151 of the Revenue and Taxation Code is amended to read: +23151. +(a) With the exception of banks and financial corporations, every corporation doing business within the limits of this state and not expressly exempted from taxation by the provisions of the Constitution of this state or by this part, shall annually pay to the state, for the privilege of exercising its corporate franchises within this state, a tax according to or measured by its net income, to be computed at the rate of 7.6 percent upon the basis of its net income for the next preceding income year, or if greater, the minimum tax specified in Section 23153. +(b) For calendar or fiscal years ending after June 30, 1973, the rate of tax shall be 9 percent instead of 7.6 percent as provided by subdivision (a). +(c) For calendar or fiscal years ending in 1980 to 1986, inclusive, the rate of tax shall be 9.6 percent. +(d) For calendar or fiscal years ending in 1987 to 1996, inclusive, and for any income year beginning before January 1, 1997, the tax rate shall be 9.3 percent. +(e) For any income year beginning on or after January 1, 1997, the tax rate shall be 8.84 percent. The change in rate provided in this subdivision shall be made without proration otherwise required by Section 24251. +(f) (1) For the first taxable year beginning on or after January 1, 2000, the tax imposed under this section shall be the sum of both of the following: +(A) A tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for the next preceding income year, but not less than the minimum tax specified in Section 23153. +(B) A tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for the first taxable year beginning on or after January 1, 2000, but not less than the minimum tax specified in Section 23153. +(2) Except as provided in paragraph +(1), +(1) and subdivision (g), +for taxable years beginning on or after January 1, 2000, the tax imposed under this section shall be a tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for that taxable year, but not less than the minimum tax specified in Section 23153. +(g) (1) For taxable years beginning on or after January 1, 2015, the tax imposed under this section upon a publicly held corporation, as defined in Section 162(m)(2) of the Internal Revenue Code, relating to publicly held corporation, shall be a tax according to or measured by net income, to be computed at the applicable tax rate upon the basis of the net income for that taxable year, as determined by paragraph (2), but not less than the minimum tax specified in Section 23153. +(2) The applicable tax rate shall be determined as follows: +If the compensation ratio is: +The applicable tax rate is: +Over zero but not over 25 +7% upon the basis of net income +Over 25 but not over 50 +7.5% upon the basis of net income +Over 50 but not over 100 +8% upon the basis of net income +Over 100 but not over 150 +9% upon the basis of net income +Over 150 but not over 200 +9.5% upon the basis of net income +Over 200 but not over 250 +10% upon the basis of net income +Over 250 but not over 300 +11% upon the basis of net income +Over 300 but not over 400 +12% upon the basis of net income +Over 400 +13% upon the basis of net income +(3) For purposes of this subdivision: +(A) “Client employer” means an individual or entity that receives workers to perform labor or services within the usual course of business of the individual or entity from a labor contractor. +(B) (i) “Compensation,” in the case of employees of the taxpayer, other than the chief operating officer or the highest paid employee, means wages as defined in Section 3121(a) of the Internal Revenue Code, relating to wages, paid by the taxpayer during a calendar year to employees of the taxpayer. +(ii) “Compensation,” in the case of the chief operating officer or the highest paid employee of the taxpayer, means total compensation as reported in the Summary Compensation Table reported to the United States Securities and Exchange Commission pursuant to Item 402 of Regulation S-K of the Securities and Exchange Commission. +(C) (i) “Compensation ratio” for a taxable year means a ratio where the numerator is the amount equal to the greater of the compensation of the chief operating officer or the highest paid employee of the taxpayer for the calendar year preceding the beginning of the taxable year and the denominator is the amount equal to the median compensation of all employees employed by the taxpayer, including all contracted employees under contract with the taxpayer, in the United States for the calendar year preceding the beginning of the taxable year. +(ii) For taxpayers that are required to be included in a combined report under Section 25101 or authorized to be included in a combined report under Section 25101.15, the calculation of the ratio in clause (i) shall be made by treating all taxpayers that are required to be or authorized to be included in a combined report as a single taxpayer. +(D) “Contracted employee” means an employee who works for a labor contractor. +(E) “Labor contractor” means an individual or entity that contracts with a client employer to supply workers to perform labor or services or otherwise provides workers to perform labor or services within the usual course of business for the client employer. +(4) A taxpayer subject to this subdivision shall furnish a detailed compensation report to the Franchise Tax Board with its timely filed original return. +(5) (A) If the total number of full-time employees, determined on an annual full-time equivalent basis, employed by the taxpayer in the United States for a taxable year is reduced by more than 10 percent, as compared to the total number of full-time employees, determined on an annual full-time equivalent basis, employed by the taxpayer in the United States for the preceding taxable year and the total number of contracted employees or foreign full-time employees, determined on an annual full-time equivalent basis, of the taxpayer for that taxable year has increased, as compared with the total number of contracted employees or foreign full-time employees, determined on an annual full-time equivalent basis, of the taxpayer for the preceding taxable year, then the applicable tax rate determined under paragraph (2) shall be increased by 50 percent. For taxpayers who first commence doing business in this state during the taxable year, the number of full-time employees, contracted employees, and foreign full-time employees for the immediately preceding prior taxable year shall be zero. +(B) For purposes of this paragraph: +(i) “Annual full-time equivalent” means either of the following: +(I) In the case of a full-time employee paid hourly qualified wages, “annual full-time equivalent” means the total number of hours worked for the qualified taxpayer by the employee, not to exceed 2,000 hours per employee, divided by 2,000. +(II) In the case of a salaried full-time employee, “annual full-time equivalent” means the total number of weeks worked for the qualified taxpayer by the employee divided by 52. +(ii) “Foreign full-time employee” means a full-time employee of the taxpayer that is employed at a location other than the United States. +(iii) “Full-time employee” means an employee of the taxpayer that satisfies either of the following requirements: +(I) Is paid compensation by the taxpayer for services of not less than an average of 30 hours per week. +(II) Is a salaried employee of the taxpayer and is paid compensation during the taxable year for full-time employment, within the meaning of Section 515 of the Labor Code. +(6) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this subdivision, including any guidelines regarding the determination of wages, average compensation, and compensation ratio. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this subdivision. +SEC. 2. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The Corporation Tax Law imposes taxes according to or measured by net income at a rate of 8.84%, or for financial institutions, at a rate of 10.84%, as specified. +This bill would, for taxable years beginning on and after January 1, 2015, revise that rate for taxpayers that are publicly held corporations, as defined, and instead impose an applicable tax rate from 7% to 13%, or for financial institutions, from 9% to 15%, based on the compensation ratio, as defined, of the corporation. This bill would increase the applicable tax rate by 50% for those taxpayers that have a specified decrease in full-time employees employed in the United States as compared to an increase in contracted and foreign full-time employees, as described. +This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of +2/3 +of the membership of each house of the Legislature. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","An act to amend Section 23151 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +197,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California has enacted numerous policies to reduce emissions of greenhouse gases and to increase the use of renewable energy resources and renewable fuels, including the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code), the low carbon fuel standard (Executive Order S-01-07 (January 19, 2007); Title 17 California Code of Regulations Sections 95480 to 95490, inclusive), and the state’s comprehensive strategy to reduce emissions of short-lived climate pollutants (Section 39730 of the Health and Safety Code). +(b) Use of natural gas causes more than one-quarter of all emissions of greenhouse gases in California. Wildfires cause more than one-half of all black carbon emissions, and organic waste is responsible for three of the state’s five largest sources of methane emissions. +(c) Capturing and using methane gas from renewable sources (renewable gas) can significantly reduce emissions of greenhouse gases from fossil fuel use, organic waste, wildfires, and petroleum-based fertilizers. Using renewable gas in place of just 10 percent of California’s fossil fuel derived gas supply would reduce emissions of greenhouse gases by tens of millions of metric tons of carbon dioxide equivalent emissions per year. Renewable gas generated from organic waste provides the lowest carbon transportation fuels in existence and can provide low carbon, flexible fuel for the generation of electricity. +(d) Increasing use of renewable gas in California will protect disadvantaged communities by reducing air and water pollution from fossil fuel refining and combustion. Renewable gas used in place of diesel in heavy-duty vehicles will protect public health by reducing toxic air contaminants. +(e) Renewable gas provides significant economic benefits to California, including job creation, an in-state source of gas, increased energy security, revenue and energy for public agencies, and revenue for dairies, farms, rural forest communities, and other areas. +(f) It is in the interest of the state to establish a renewable gas standard that will diversify and decarbonize California’s gas supply, to provide lower carbon gas for electricity generation, transportation fuels, heating, and industrial purposes. +(g) A renewable gas standard will reduce emissions of greenhouse gases from the oil and gas sector and from the solid waste, food and agriculture, water and wastewater, and forestry sectors. It will increase in-state gas supplies and provide jobs and increased energy security for California. +(h) A renewable gas standard will help California to meet the waste diversion requirements of Section 41781.3, Article 1 (commencing with Section 41780) of Chapter 6 of Part 2 of, and Chapter 12.9 (commencing with Section 42649.8) of Part 3 of, Division 30 of the Public Resources Code, by using diverted organic waste to produce renewable gas. +SEC. 2. +Section 39735 is added to the Health and Safety Code, to read: +39735. +(a) For purposes of this section, the following terms have the following meanings: +(1) “Biogas” means gas that is generated from organic waste or other organic materials, through anaerobic digestion, gasification, pyrolysis, or other technology that converts organic waste to gas. Biogas may be produced from, but not limited to, any of the following sources: +(A) Agricultural waste remaining after all reasonably usable food content is extracted. +(B) Forest waste produced from sustainable forest management practices. +(C) Landfill gas. +(D) Wastewater treatment gas and biosolids. +(E) Diverted organic waste, if the waste is separated and processed to (i) enhance the recovery of recyclable materials and (ii) minimize air emissions and residual wastes in accordance with applicable standards. +(2) “Eligible feedstock” means organic waste or other sustainably produced organic material and electricity generated by an eligible renewable energy resource meeting the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). +(3) “Gas seller” means a gas corporation, as defined by Section 222 of the Public Utilities Code, or another entity authorized to sell natural gas pursuant to natural gas restructuring (Chapter 2.2 (commencing with Section 328) of Part 1 of Division 1 of the Public Utilities Code), including sales to core and noncore customers pursuant to natural gas restructuring. +(4) “Renewable gas” means gas that is generated from organic waste or other renewable sources, including electricity generated by an eligible renewable energy resource meeting the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). Renewable gas includes biogas and synthetic natural gas generated from an eligible feedstock. +(5) “Renewable gas standard” means the quantity of renewable gas that a gas seller is required to provide to retail end-use customers for use in California for each compliance period set forth in subdivision (b). +(b) (1) On or before June 30, +2016, +2017, +the state board, in consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, shall adopt a carbon-based renewable gas standard that requires all gas sellers to provide specified percentages of renewable gas to retail end-use customers for use in California. Each gas seller shall procure a minimum quantity of renewable gas for each of the following compliance periods: +(A) +January 1, 2016, +June 30, 2017, +to December 31, 2019, inclusive. The state board shall require a gas seller to make reasonable progress sufficient to ensure that by the end of the compliance period not less than 1 percent of the gas supplied to retail end-use customers for use in California is renewable gas. +(B) January 1, 2020, to December 31, 2022, inclusive. The state board shall require a gas seller to make reasonable progress sufficient to ensure that by the end of the compliance period not less than 3 percent of the gas supplied to retail end-use customers for use in California is renewable gas. +(C) January 1, 2023, to December 31, 2024, inclusive. The state board shall require a gas seller to make reasonable progress sufficient to ensure that by the end of the compliance period not less than 5 percent of the gas supplied to retail end-use customers for use in California is renewable gas. +(D) January 1, 2025, to December 31, 2029, inclusive. The state board shall require a gas seller to make reasonable progress sufficient to ensure that by the end of the compliance period not less than 10 percent of the gas supplied to retail end-use customers for use in California is renewable gas. +(E) January 1, 2030, and thereafter. The state board shall require a gas seller to ensure that not less than 10 percent of the gas supplied to retail end-use customers for use in California is renewable gas. +(2) Gas sellers shall be obligated to procure no less than the quantities associated with all intervening years by the end of each compliance period. +(c) Only renewable gas that meets any of the following conditions shall count toward meeting the procurement requirements of the renewable gas standard: +(1) The renewable gas is used onsite by an end-use customer in California. +(2) The renewable gas is used by an end-use customer in California and delivered through a dedicated pipeline. +(3) The renewable gas is delivered to end-use customers in California through a common carrier pipeline and meets all of the following requirements: +(A) The source of renewable gas injects the renewable gas into a common carrier pipeline that physically flows within California or toward the end-use customers for which the renewable gas was procured under the purchase contract. +(B) The source of renewable gas did not inject the renewable gas into a common carrier pipeline prior to March 29, 2012, or the source commenced injection of sufficient incremental quantities of renewable gas after March 29, 2012, to satisfy the purchase contract requirements. +(C) The seller or purchaser of the renewable gas demonstrates that the capture and injection of renewable gas into a common carrier pipeline directly results in at least one of the following environmental benefits to California: +(i) The reduction or avoidance of the emission of any criteria air pollutant in California. +(ii) The reduction or avoidance of pollutants that could have an adverse impact on waters of the state. +(iii) The alleviation of a local nuisance within California that is associated with the emission of odors. +(d) In adopting the renewable gas standard, the state board shall do all of the following: +(1) Notify all gas sellers in California of, and how to comply with, the renewable gas standard procurement requirements. The State Board of Equalization may supply the state board with information obtained as a result of its collection of the natural gas surcharge pursuant to Article 10 (commencing with Section 890) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code, to assist the state board in identifying those gas sellers that are not gas corporations, as defined in Section 222 of the Public Utilities Code. The Public Utilities Commission shall notify the state board of each gas corporation that provides gas service to end-use customers in California. +(2) Maintain and publicize a list of eligible renewable gas providers. For these purposes, an eligible renewable gas provider means any person or corporation that is able to supply renewable gas meeting the deliverability requirements of subdivision (c). +(3) Adopt a flexible compliance mechanism, such as tradable renewable gas credits, to increase market flexibility and reduce costs of compliance. If the state board adopts tradable renewable gas credits, those credits shall be based on the carbon intensity of the renewable gas and shall give equal value to renewable gas that is used onsite and renewable gas that is injected into a common carrier pipeline. The flexible compliance mechanism shall also allow for credit banking and borrowing. The state board shall consult with the State Energy Resources Conservation and Development Commission in developing any system for tradable renewable gas credits. +(4) The state board shall consult with the Public Utilities Commission in the development of regulations to implement the renewable gas standard as they affect gas corporations, subject to regulation as public utilities by the commission, in order to minimize duplicative reporting or regulatory requirements. +(5) In consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, adopt a coordinated investment plan to ensure that moneys made available from revenues derived through adoption of a market-based compliance mechanism or through the Alternative and Renewable Fuel and Vehicle Technology Program or Air Quality Improvement Program, are used to reduce the costs to implement the renewable gas standard, including the costs of pipeline injection. +(e) The state board shall waive enforcement of this section if it finds that the gas seller has demonstrated either of the following conditions are beyond the control of the gas seller and will prevent compliance: +(1) Permitting or other circumstances that delay renewable gas projects, or there is an insufficient supply of renewable gas resources available to the gas seller. In making a finding that this condition prevents timely compliance, the state board shall consider whether the gas seller has done all of the following: +(A) Prudently managed portfolio risks, including relying on a sufficient number of viable projects. +(B) Sought to develop its own renewable gas resources, pipelines, or pipeline interconnections to secure renewable gas resources. +(C) Procured an appropriate minimum margin of procurement above the minimum procurement level necessary to comply with the renewables gas standard to compensate for foreseeable delays or insufficient supply. +(D) Taken reasonable measures, under the control of the gas seller, to procure allowable tradable renewable gas credits. +(2) There is a disproportionate impact on commodity rates. The state board, in consultation with the Public Utilities Commission, shall establish a limitation for each gas seller on the expenditures for all renewable gas used to comply with the renewable gas standard. This limitation shall be set at a level that prevents disproportionate commodity rate impacts. In determining whether commodity rate impacts are disproportionate, the state board may consider the extent to which procurement required under this section results in a reduction in compliance costs for any other state obligation and may consider the availability of other incentives and credits that reduce the costs to ratepayers and noncore customers. If the cost limitation is insufficient to support the projected costs of meeting the renewable gas standard requirements, the gas seller may refrain from procuring quantities in excess of those that can be procured within the limitation. +(f) (1) If the state board waives any compliance requirements of this section, the state board shall establish additional reporting requirements on the gas seller to demonstrate that all reasonable actions under the control of the gas seller are taken in each of the intervening years sufficient to satisfy future procurement requirements. +(2) The board shall not waive enforcement pursuant to this section, unless the gas seller demonstrates that it has taken all reasonable actions under its control, as set forth in subdivision (e), to achieve full compliance. +(g) On or before January 1, 2017, the state board shall issue an analysis of the lifecycle emissions of greenhouse gases and reductions for different biogas types and end uses, including, but not limited to, electricity generation, transportation fuels, heating and industrial uses, and as a source of renewable hydrogen for fuel cells. The analysis shall include an assessment of other public health and environmental benefits, including benefits to disadvantaged communities, air and water quality, soil improvement, and wildfire reduction. +SEC. 3. +Section 25327 is added to the Public Resources Code, to read: +25327. +(a) For purposes of this section, “renewable gas” has the same meaning as defined in Section 39735 of the Health and Safety Code. +(b) On or before January 1, 2018, the commission shall provide an assessment of the following to the State Air Resources Board and the Legislature: +(1) Opportunities to colocate renewable gas production with existing vehicle fleets and other transportation fueling opportunities. +(2) Renewable energy production sites that can use the renewable gas onsite to reduce fossil fuel gas consumption for generation of electricity, heating, cooling, or other purposes. +(3) Renewable energy production sites that can cost effectively interconnect to common carrier gas pipelines. +(4) Recommendations to reduce the costs of pipeline interconnection for renewable gas projects in California. +(c) The assessment to be submitted to the Legislature pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. +(d) Consistent with Section 10231.5 of the Government Code, this +Section +section +is repealed on January 1, 2020.","The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this program. The act requires the state board to adopt a statewide greenhouse gas emissions limit, as defined, to be achieved by 2020, equivalent to the statewide greenhouse gas emissions level in 1990. The state board is required to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. The act authorizes the state board to adopt market-based compliance mechanisms, as defined, meeting specified requirements. Existing law requires the state board to complete a comprehensive strategy to reduce emissions of short-lived climate pollutants, as defined, in the state. +Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations. Existing law requires the commission to adopt policies and programs that promote the in-state production and distribution of biomethane, as defined, that facilitate the development of a variety of sources of in-state biomethane. Existing law requires the commission to adopt pipeline access rules that ensure that each gas corporation provides nondiscriminatory open access to its gas pipeline system to any party for the purposes of physically interconnecting with the gas pipeline system and effectuating the delivery of gas. +The Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission and requires it to prepare an integrated energy policy report on or before November 1, 2003, and every 2 years thereafter. The act requires the report to contain an overview of major energy trends and issues facing the state, including, but not limited to, supply, demand, pricing, reliability, efficiency, and impacts on public health and safety, the economy, resources, and the environment. Existing law requires the State Energy Resources Conservation and Development Commission to hold public hearings to identify impediments that limit procurement of biomethane in California, including, but not limited to, impediments to interconnection and to offer solutions to those impediments as part of the integrated energy policy report. +This bill would require the state board, on or before June 30, +2016, +2017, +in consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, to adopt a carbon-based renewable gas standard, as defined and specified, that requires all gas sellers, as defined, to provide specified percentages of renewable gas meeting certain deliverability requirements, to retail end-use customers for use in California, that increases over specified compliance periods. The bill would authorize the state board to waive enforcement of the renewable gas standard upon certain showings being made by a gas seller. The bill would require the state board, on or before January 1, 2017, to issue an analysis of the lifecycle emissions of greenhouse gases and reductions for different biogas types and end uses. +The bill would require the State Energy Resources Conservation and Development Commission to provide the state board and the Legislature with an assessment of specified matter pertaining to renewable gas by January 1, 2018.","An act to add Section 39735 to the Health and Safety Code, and to add and repeal Section 25327 of the Public Resources Code, relating to energy." +198,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 51 of the Revenue and Taxation Code is amended to read: +51. +(a) For purposes of subdivision (b) of Section 2 of Article XIII A of the California Constitution, for each lien date after the lien date in which the base year value is determined pursuant to Section 110.1, the taxable value of real property shall, except as otherwise provided in subdivision (b) or (c), be the lesser of: +(1) Its base year value, compounded annually since the base year by an inflation factor, which shall be determined as follows: +(A) For any assessment year commencing prior to January 1, 1985, the inflation factor shall be the percentage change in the cost of living, as defined in Section 2212. +(B) For any assessment year commencing after January 1, 1985, and prior to January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from December of the prior fiscal year to December of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. +(C) For any assessment year commencing on or after January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from October of the prior fiscal year to October of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. +(D) The percentage increase for an assessment year determined pursuant to subparagraph (A), (B), or (C) shall not exceed 2 percent of the prior year’s value. +(E) (i) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for any assessment year determined pursuant to subparagraph (A), (B), or (C) shall not apply to the principal place of residence, including so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, of a qualified veteran who is 65 years of age or older on the lien date and was honorably discharged from military service. +(ii) For the purpose of this subparagraph, “qualified veteran” means a person who meets the following criteria: +(I) He or she meets the criteria specified in subdivision (o) of Section 3 of Article XIII of the California Constitution, except for the limitation on the value of property owned by the veteran or the veteran’s spouse. +(II) If the qualified veteran is single, his or her annual +household +income, as defined in Section 20504, is +less than +fifty thousand dollars +($50,000). +($50,000) or less. +(III) If the qualified veteran is married, his or her +annual +household +combined annual +income, as defined in Section 20504, is +less than +one hundred thousand dollars +($100,000). +($100,000) or less. +(iii) When claiming the benefit provided by this subparagraph, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified veteran. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subparagraph. +(2) Its full cash value, as defined in Section 110, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, removal of property, or other factors causing a decline in value. +(b) If the real property was damaged or destroyed by disaster, misfortune, or calamity and the board of supervisors of the county in which the real property is located has not adopted an ordinance pursuant to Section 170, or any portion of the real property has been removed by voluntary action by the taxpayer, the taxable value of the property shall be the sum of the following: +(1) The lesser of its base year value of land determined under paragraph (1) of subdivision (a) or full cash value of land determined pursuant to paragraph (2) of subdivision (a). +(2) The lesser of its base year value of improvements determined pursuant to paragraph (1) of subdivision (a) or the full cash value of improvements determined pursuant to paragraph (2) of subdivision (a). +In applying this subdivision, the base year value of the subject real property does not include that portion of the previous base year value of that property that was attributable to any portion of the property that has been destroyed or removed. The sum determined under this subdivision shall then become the base year value of the real property until that property is restored, repaired, or reconstructed or other provisions of law require establishment of a new base year value. +(c) If the real property was damaged or destroyed by disaster, misfortune or calamity and the board of supervisors in the county in which the real property is located has adopted an ordinance pursuant to Section 170, the taxable value of the real property shall be its assessed value as computed pursuant to Section 170. +(d) For purposes of this section, “real property” means that appraisal unit that persons in the marketplace commonly buy and sell as a unit, or that is normally valued separately. +(e) Nothing in this section shall be construed to require the assessor to make an annual reappraisal of all assessable property. However, for each lien date after the first lien date for which the taxable value of property is reduced pursuant to paragraph (2) of subdivision (a), the value of that property shall be annually reappraised at its full cash value as defined in Section 110 until that value exceeds the value determined pursuant to paragraph (1) of subdivision (a). In no event shall the assessor condition the implementation of the preceding sentence in any year upon the filing of an assessment appeal. +SEC. 2. +Section 205.5 of the Revenue and Taxation Code is amended to read: +205.5. +(a) Property that constitutes the principal place of residence of a veteran, that is owned by the veteran, the veteran’s spouse, or the veteran and the veteran’s spouse jointly, is exempted from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), if the veteran is blind in both eyes, has lost the use of two or more limbs, or if the veteran is totally disabled as a result of injury or disease incurred in military service. The one-hundred-thousand-dollar ($100,000) exemption shall be the full value of the property in the case of an eligible veteran whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). +(b) (1) For purposes of this section, “veteran” means either of the following: +(A) A veteran as specified in subdivision (o) of Section 3 of Article XIII of the California Constitution, except for the limitation on the value of property owned by the veteran or the veteran’s spouse. +(B) A person who would qualify as a veteran pursuant to +paragraph (1) +subparagraph (A) +except that he or she has, as a result of a service-connected injury or disease, as determined by the United States Department of Veterans Affairs, died while on active duty in military service. +(2) For purposes of this section, property is deemed to be the principal place of residence of a veteran, disabled as described in subdivision (a), who is confined to a hospital or other care facility, if that property would be that veteran’s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For the purposes of this paragraph, a family member that resides at the residence is not a third party. +(c) (1) Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a deceased veteran is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of a veteran who was blind in both eyes, had lost the use of two or more limbs, or was totally disabled provided that either of the following conditions is met: +(A) The deceased veteran during his or her lifetime qualified for the exemption pursuant to subdivision (a), or would have qualified for the exemption under the laws effective on January 1, 1977, except that the veteran died prior to January 1, 1977. +(B) The veteran died from a disease that was service-connected, as determined by the United States Department of Veterans Affairs. +The one-hundred-thousand-dollar ($100,000) exemption shall be the full value of the property in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). +(2) Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a veteran described in subparagraph (B) of paragraph (1) of subdivision (b) is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h). The one-hundred-thousand-dollar ($100,000) exemption shall be the full value of the property in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). +(3) Property is deemed to be the principal place of residence of the unmarried surviving spouse of a deceased veteran, who is confined to a hospital or other care facility, if that property would be the unmarried surviving spouse’s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For purposes of this paragraph, a family member who resides at the residence is not a third party. +(d) As used in this section, “property that is owned by a veteran” or “property that is owned by the veteran’s unmarried surviving spouse” includes all of the following: +(1) Property owned by the veteran with the veteran’s spouse as a joint tenancy, tenancy in common, or as community property. +(2) Property owned by the veteran or the veteran’s spouse as separate property. +(3) Property owned with one or more other persons to the extent of the interest owned by the veteran, the veteran’s spouse, or both the veteran and the veteran’s spouse. +(4) Property owned by the veteran’s unmarried surviving spouse with one or more other persons to the extent of the interest owned by the veteran’s unmarried surviving spouse. +(5) That portion of the property of a corporation that constitutes the principal place of residence of a veteran or a veteran’s unmarried surviving spouse when the veteran, the veteran’s spouse, or the veteran’s unmarried surviving spouse is a shareholder of the corporation and the rights of shareholding entitle one to the possession of property, legal title to which is owned by the corporation. The exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property. Notwithstanding any law or articles of incorporation or bylaws of a corporation described in this paragraph, any reduction of property taxes paid by the corporation shall reflect an equal reduction in any charges by the corporation to the person who, by reason of qualifying for the exemption, made possible the reduction for the corporation. +(e) For purposes of this section, the following definitions shall apply: +(1) “Being blind in both eyes” means having a visual acuity of 5/200 or less, or concentric contraction of the visual field to 5 degrees or less. +(2) “Lost the use of two or more limbs” means that the limb has been amputated or its use has been lost by reason of ankylosis, progressive muscular dystrophies, or paralysis. +(3) “Totally disabled” means that the United States Department of Veterans Affairs or the military service from which the veteran was discharged has rated the disability at 100 percent or has rated the disability compensation at 100 percent by reason of being unable to secure or follow a substantially gainful occupation. +(f) An exemption granted to a claimant pursuant to this section shall be in lieu of the veteran’s exemption provided by subdivisions (o), (p), (q), and (r) of Section 3 of Article XIII of the California Constitution and any other real property tax exemption to which the claimant may be entitled. No other real property tax exemption may be granted to any other person with respect to the same residence for which an exemption has been granted pursuant to this section; provided, that if two or more veterans qualified pursuant to this section coown a property in which they reside, each is entitled to the exemption to the extent of his or her interest. +(g) Commencing on January 1, 2002, and for each assessment year thereafter, the household income limit shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. +(h) Commencing on January 1, 2006, and for each assessment year thereafter, the exemption amounts set forth in subdivisions (a) and (c) shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. +(i) The amendments made to this section by the act adding this subdivision shall apply for property tax lien dates on and after January 1, 2017. +SEC. 3. +Section 5813 of the Revenue and Taxation Code is amended to read: +5813. +(a) For each lien date after the lien date for which the base year value is determined, the taxable value of a manufactured home shall be the lesser of: +(1) Its base year value, compounded annually since the base year by an inflation factor, which shall be the percentage change in the cost of living, as defined in Section 51, provided, that any percentage increase shall not exceed 2 percent of the prior year’s value. +(2) Its full cash value, as defined in Section 5803, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, or other factors causing a decline in value. +(3) If the manufactured home is damaged or destroyed by disaster, misfortune, or calamity, its value determined pursuant to paragraph (2) shall be its base year value until the manufactured home is restored, repaired or reconstructed or other provisions of law require establishment of a new base year value. +(b) (1) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for an assessment year determined pursuant to paragraph (1) of subdivision (a) shall not apply to the principal place of residence of a qualified veteran who owns a manufactured home as his or her principal place of residence and who is 65 years of age or older on the lien date and was honorably discharged from military service. +(2) For the purpose of this subdivision, “qualified veteran” means a person who meets the following criteria: +(A) He or she meets the criteria specified in subdivision (o) of Section 3 of Article XIII of the California Constitution, except for the limitation on the value of property owned by the veteran or the veteran’s spouse. +(B) If the qualified veteran is single, his or her annual household income, as defined in Section 20504, is fifty thousand dollars ($50,000) or less. +(C) If the qualified veteran is married, his or her +combined +annual household income, as defined in Section 20504, is one hundred thousand dollars ($100,000) or less. +(3) When claiming the benefit provided by this subdivision, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified veteran. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subdivision. +SEC. 4. +Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. +SEC. 5. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 6. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","(1) The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value, as defined, of that property, and provides that the full cash value base may be adjusted each year by the inflationary rate not to exceed 2% for any given year. +Existing property tax law implementing this constitutional authority provides that the taxable value of real property is the lesser of its base year value compounded annually by an inflation factor not to exceed 2%, as provided, or its full cash value. Existing property tax law also provides that the taxable value of a manufactured home is the lesser of its base year value compounded annually by an inflation factor not to exceed 2% or its full cash value. +This bill, for any assessment year commencing on or after January 1, 2017, would provide that the inflation factor shall not apply to the principal place of residence, including a manufactured home, of a qualified veteran, as defined, who is 65 years of age or older on the lien date, was honorably discharged from military service, and meets specified requirements. +By changing the manner in which local tax officials calculate the taxable value of real property owned by senior veterans, this bill would impose a state-mandated local program. +(2) Existing property tax law provides, pursuant to the authorization of the California Constitution, a disabled veteran’s property tax exemption for the principal place of residence of a veteran or a veteran’s spouse, including an unmarried surviving spouse, if the veteran, because of injury incurred in military service, is blind in both eyes, has lost the use of 2 or more limbs, or is totally disabled, as those terms are defined, or if the veteran has, as a result of a service-connected injury or disease, died while on active duty in military service. Existing law exempts that part of the full value of the residence that does not exceed $100,000, or $150,000, if the veteran’s or spouse’s household income does not exceed $40,000, adjusted for inflation, as specified. +This bill, for property tax lien dates on an after January 1, 2017, would instead exempt the full value of the principal place of residence of a veteran or veteran’s spouse if the veteran’s or spouse’s household income does not exceed $40,000, adjusted for inflation. The bill would also make technical and conforming changes to the disabled veteran’s property tax exemption. +By changing the manner in which local tax officials administer the disabled veteran’s property tax exemption, this bill would impose a state-mandated local program. +(3) Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. +This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. +(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +(5) This bill would take effect immediately as a tax levy.","An act to amend Sections 51, 205.5, and 5813 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +199,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1797.172 of the Health and Safety Code is amended to read: +1797.172. +(a) The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt minimum standards for the training and scope of practice for EMT-P. +(b) The approval of the director, in consultation with a committee of local EMS medical directors named by the EMS Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-Ps proposed by the medical director of a local EMS agency. +(c) Notwithstanding any other +provision of +law, the authority shall be the agency solely responsible for licensure and licensure renewal of EMT-Ps who meet the standards and are not precluded from licensure +because of any of the reasons listed in +pursuant to +subdivision +(d) +(i) +of Section 1798.200. Each application for licensure or licensure renewal shall require the applicant’s social security number in order to establish the identity of the applicant. The information obtained as a result of a state and federal level criminal offender record information search shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure or licensure renewal pursuant to this division. Submission of fingerprint images to the Department of Justice may not be required for licensure renewal upon determination by the authority that fingerprint images have previously been submitted to the Department of Justice during initial licensure, or a previous licensure renewal, provided that the license has not lapsed and the applicant has resided continuously in the state since the initial licensure. +(d) The authority shall charge fees for the licensure and licensure renewal of EMT-Ps in an amount sufficient to support the authority’s licensure program at a level that ensures the qualifications of the individuals licensed to provide quality care. The basic fee for licensure or licensure renewal of an EMT-P shall not exceed one hundred twenty-five dollars ($125) until the adoption of regulations that specify a different amount that does not exceed the authority’s EMT-P licensure, license renewal, and enforcement programs. The authority shall annually evaluate fees to determine if the fee is sufficient to fund the actual costs of the authority’s licensure, licensure renewal, and enforcement programs. If the evaluation shows that the fees are excessive or are insufficient to fund the actual costs of the authority’s EMT-P licensure, licensure renewal, and enforcement programs, then the fees shall be adjusted accordingly through the rulemaking process described in the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Separate additional fees may be charged, at the option of the authority, for services that are not shared by all applicants for licensure and licensure renewal, including, but not limited to, any of the following services: +(1) Initial application for licensure as an EMT-P. +(2) Competency testing, the fee for which shall not exceed thirty dollars ($30), except that an additional fee may be charged for the cost of +any +services that provide enhanced availability of the exam for the convenience of the EMT-P, +such as +including, but not limited to, +on-demand electronic testing. +(3) Fingerprint and criminal record check. The applicant shall, if applicable according to subdivision (c), submit fingerprint images and related information for criminal offender record information searches with the Department of Justice and the Federal Bureau of Investigation. +(4) Out-of-state training equivalency determination. +(5) Verification of continuing education for a lapse in licensure. +(6) Replacement of a lost licensure card. The fees charged for individual services shall be set so that the total fees charged to EMT-Ps shall not exceed the authority’s actual total cost for the EMT-P licensure program. +(e) The authority may provide nonconfidential, nonpersonal information relating to EMS programs to interested persons upon request, and may establish and assess fees for the provision of this information. These fees shall not exceed the costs of providing the information. +(f) At the option of the authority, fees may be collected for the authority by an entity that contracts with the authority to provide any of the services associated with the EMT-P program. All fees collected for the authority in a calendar month by +any +an +entity designated by the authority pursuant to this section to collect fees for the authority shall be transmitted to the authority for deposit into the Emergency Medical Services Personnel Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the designated entity, unless the contract between the entity and the authority specifies a different timeframe.","Under existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, the Emergency Medical Services Authority is responsible for establishing minimum standards and promulgating regulations for the training and scope of practice for emergency medical technician-paramedic (EMT-P). +This bill would make technical, nonsubstantive changes to these provisions.","An act to amend Section 1797.172 of the Health and Safety Code, relating to emergency medical services." diff --git a/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-1.csv b/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-1.csv new file mode 100644 index 0000000000..e532d9ed7c --- /dev/null +++ b/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-1.csv @@ -0,0 +1,12240 @@ +Unnamed: 0,text,summary,title +200,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10295.35 is added to the Public Contract Code, to read: +10295.35. +(a) (1) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services in the amount of one hundred thousand dollars ($100,000) or more with a contractor that, in the provision of benefits, discriminates between employees on the basis of an employee’s or dependent’s actual or perceived gender identity, including, but not limited to, the employee’s or dependent’s identification as transgender. +(2) For purposes of this section, “contract” includes contracts with a cumulative amount of one hundred thousand dollars ($100,000) or more per contractor in each fiscal year. +(3) For purposes of this section, an employee health plan is discriminatory if the plan is not consistent with Section 1365.5 of the Health and Safety Code and Section 10140 of the Insurance Code. +(4) The requirements of this section shall apply only to those portions of a contractor’s operations that occur under any of the following conditions: +(A) Within the state. +(B) On real property outside the state if the property is owned by the state or if the state has a right to occupy the property, and if the contractor’s presence at that location is connected to a contract with the state. +(C) Elsewhere in the United States where work related to a state contract is being performed. +(b) Contractors shall treat as confidential, to the maximum extent allowed by law or by the requirement of the contractor’s insurance provider, any request by an employee or applicant for employment benefits or any documentation of eligibility for benefits submitted by an employee or applicant for employment. +(c) After taking all reasonable measures to find a contractor that complies with this section, as determined by the state agency, the requirements of this section may be waived under any of the following circumstances: +(1) There is only one prospective contractor willing to enter into a specific contract with the state agency. +(2) The contract is necessary to respond to an emergency, as determined by the state agency, that endangers the public health, welfare, or safety, or the contract is necessary for the provision of essential services, and no entity that complies with the requirements of this section capable of responding to the emergency is immediately available. +(3) The requirements of this section violate, or are inconsistent with, the terms or conditions of a grant, subvention, or agreement, if the agency has made a good faith attempt to change the terms or conditions of any grant, subvention, or agreement to authorize application of this section. +(4) The contractor is providing wholesale or bulk water, power, or natural gas, the conveyance or transmission of the same, or ancillary services, as required for ensuring reliable services in accordance with good utility practice, if the purchase of the same cannot practically be accomplished through the standard competitive bidding procedures and the contractor is not providing direct retail services to end users. +(d) (1) A contractor shall not be deemed to discriminate in the provision of benefits if the contractor, in providing the benefits, pays the actual costs incurred in obtaining the benefit. +(2) If a contractor is unable to provide a certain benefit, despite taking reasonable measures to do so, the contractor shall not be deemed to discriminate in the provision of benefits. +(e) (1) Every contract subject to this chapter shall contain a statement by which the contractor certifies that the contractor is in compliance with this section. +(2) The department or other contracting agency shall enforce this section pursuant to its existing enforcement powers. +(3) (A) If a contractor falsely certifies that it is in compliance with this section, the contract with that contractor shall be subject to Article 9 (commencing with Section 10420), unless, within a time period specified by the department or other contracting agency, the contractor provides to the department or agency proof that it has complied, or is in the process of complying, with this section. +(B) The application of the remedies or penalties contained in Article 9 (commencing with Section 10420) to a contract subject to this chapter shall not preclude the application of any existing remedies otherwise available to the department or other contracting agency under its existing enforcement powers. +(f) Nothing in this section is intended to regulate the contracting practices of any local jurisdiction. +(g) This section shall be construed so as not to conflict with applicable federal laws, rules, or regulations. In the event that a court or agency of competent jurisdiction holds that federal law, rule, or regulation invalidates any clause, sentence, paragraph, or section of this code or the application thereof to any person or circumstances, it is the intent of the state that the court or agency sever that clause, sentence, paragraph, or section so that the remainder of this section shall remain in effect. +SEC. 2. +Section 10295.35 of the Public Contract Code shall not be construed to create any new enforcement authority or responsibility in the Department of General Services or any other contracting agency. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes state agencies to enter into contracts for the acquisition of goods or services upon approval by the Department of General Services. Existing law sets forth various requirements and prohibitions for those contracts, including, but not limited to, a prohibition on entering into contracts for the acquisition of goods or services of $100,000 or more with a contractor that discriminates between spouses and domestic partners or same-sex and different-sex couples in the provision of benefits. Existing law provides that a contract entered into in violation of those requirements and prohibitions is void and authorizes the state or any person acting on behalf of the state to bring a civil action seeking a determination that a contract is in violation and therefore void. Under existing law, a willful violation of those requirements and prohibitions is a misdemeanor. +This bill would also prohibit a state agency from entering into contracts for the acquisition of goods or services of $100,000 or more with a contractor that discriminates between employees on the basis of gender identity in the provision of benefits, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 10295.35 to the Public Contract Code, relating to public contracts." +201,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1091 of the Government Code is amended to read: +1091. +(a) An officer shall not be deemed to be interested in a contract entered into by a body or board of which the officer is a member within the meaning of this article if the officer has only a remote interest in the contract and if the fact of that interest is disclosed to the body or board of which the officer is a member and noted in its official records, and thereafter the body or board authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer or member with the remote interest. +(b) As used in this article, “remote interest” means any of the following: +(1) That of an officer or employee of a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), pursuant to Section 501(c)(5) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a nonprofit corporation, except as provided in paragraph (8) of subdivision (a) of Section 1091.5. +(2) That of an employee or agent of the contracting party, if the contracting party has 10 or more other employees and if the officer was an employee or agent of that contracting party for at least three years prior to the officer initially accepting his or her office and the officer owns less than 3 percent of the shares of stock of the contracting party; and the employee or agent is not an officer or director of the contracting party and did not directly participate in formulating the bid of the contracting party. +For purposes of this paragraph, time of employment with the contracting party by the officer shall be counted in computing the three-year period specified in this paragraph even though the contracting party has been converted from one form of business organization to a different form of business organization within three years of the initial taking of office by the officer. Time of employment in that case shall be counted only if, after the transfer or change in organization, the real or ultimate ownership of the contracting party is the same or substantially similar to that which existed before the transfer or change in organization. For purposes of this paragraph, stockholders, bondholders, partners, or other persons holding an interest in the contracting party are regarded as having the “real or ultimate ownership” of the contracting party. +(3) That of an employee or agent of the contracting party, if all of the following conditions are met: +(A) The agency of which the person is an officer is a local public agency located in a county with a population of less than 4,000,000. +(B) The contract is competitively bid and is not for personal services. +(C) The employee or agent is not in a primary management capacity with the contracting party, is not an officer or director of the contracting party, and holds no ownership interest in the contracting party. +(D) The contracting party has 10 or more other employees. +(E) The employee or agent did not directly participate in formulating the bid of the contracting party. +(F) The contracting party is the lowest responsible bidder. +(4) That of a parent in the earnings of his or her minor child for personal services. +(5) That of a landlord or tenant of the contracting party. +(6) That of an attorney of the contracting party or that of an owner, officer, employee, or agent of a firm that renders, or has rendered, service to the contracting party in the capacity of stockbroker, insurance agent, insurance broker, real estate agent, or real estate broker, if these individuals have not received and will not receive remuneration, consideration, or a commission as a result of the contract and if these individuals have an ownership interest of 10 percent or more in the law practice or firm, stock brokerage firm, insurance firm, or real estate firm. +(7) That of a member of a nonprofit corporation formed under the Food and Agricultural Code or a nonprofit corporation formed under the Corporations Code for the sole purpose of engaging in the merchandising of agricultural products or the supplying of water. +(8) That of a supplier of goods or services when those goods or services have been supplied to the contracting party by the officer for at least five years prior to his or her election or appointment to office. +(9) That of a person subject to the provisions of Section 1090 in any contract or agreement entered into pursuant to the provisions of the California Land Conservation Act of 1965. +(10) Except as provided in subdivision (b) of Section 1091.5, that of a director of, or a person having an ownership interest of, 10 percent or more in a bank, bank holding company, or savings and loan association with which a party to the contract has a relationship of borrower or depositor, debtor or creditor. +(11) That of an engineer, geologist, architect, or planner employed by a consulting engineering, architectural, or planning firm. This paragraph applies only to an employee of a consulting firm who does not serve in a primary management capacity, and does not apply to an officer or director of a consulting firm. +(12) That of an elected officer otherwise subject to Section 1090, in any housing assistance payment contract entered into pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) as amended, provided that the housing assistance payment contract was in existence before Section 1090 became applicable to the officer and will be renewed or extended only as to the existing tenant, or, in a jurisdiction in which the rental vacancy rate is less than 5 percent, as to new tenants in a unit previously under a Section 8 contract. This section applies to any person who became a public official on or after November 1, 1986. +(13) That of a person receiving salary, per diem, or reimbursement for expenses from a government entity. +(14) That of a person owning less than 3 percent of the shares of a contracting party that is a for-profit corporation, provided that the ownership of the shares derived from the person’s employment with that corporation. +(15) That of a party to litigation involving the body or board of which the officer is a member in connection with an agreement in which all of the following apply: +(A) The agreement is entered into as part of a settlement of litigation in which the body or board is represented by legal counsel. +(B) After a review of the merits of the agreement and other relevant facts and circumstances, a court of competent jurisdiction finds that the agreement serves the public interest. +(C) The interested member has recused himself or herself from all participation, direct or indirect, in the making of the agreement on behalf of the body or board. +(16) That of a person who is an officer or employee of an investor-owned utility that is regulated by the Public Utilities Commission with respect to a contract between the investor-owned utility and a state, county, district, judicial district, or city body or board of which the person is a member, if the contract requires the investor-owned utility to provide energy efficiency rebates or other type of program to encourage energy efficiency that benefits the public when all of the following apply: +(A) The contract is funded by utility consumers pursuant to regulations of the Public Utilities Commission. +(B) The contract provides no individual benefit to the person that is not also provided to the public, and the investor-owned utility receives no direct financial profit from the contract. +(C) The person has recused himself or herself from all participation in making the contract on behalf of the state, county, district, judicial district, or city body or board of which he or she is a member. +(D) The contract implements a program authorized by the Public Utilities Commission. +(17) That of an owner or partner of a firm serving as an appointed member of an unelected board or commission of the contracting agency if the owner or partner recuses himself or herself from providing any advice to the contracting agency regarding the contract between the firm and the contracting agency and from all participation in reviewing a project that results from that contract. +(c) This section is not applicable to any officer interested in a contract who influences or attempts to influence another member of the body or board of which he or she is a member to enter into the contract. +(d) The willful failure of an officer to disclose the fact of his or her interest in a contract pursuant to this section is punishable as provided in Section 1097. That violation does not void the contract unless the contracting party had knowledge of the fact of the remote interest of the officer at the time the contract was executed.","Existing law prohibits Members of the Legislature, state, county, district, judicial district, and city officers or employees from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Existing law identifies certain remote interests in contracts that are not subject to this prohibition and other situations in which an official is not deemed to be financially interested in a contract. Existing law makes a willful violation of this prohibition a crime. +This bill would include in the definition of “remote interest” the interest of a person who is an owner or partner of a firm serving as an appointed member of an unelected board or commission of the contracting agency, if the owner or partner recuses himself or herself from providing any advice to the contracting agency regarding the contract between the firm and the contracting agency, and from all participation in reviewing a project that results from that contract. The bill would also include in the definition of “remote interest” the interest of a planner employed by a consulting engineering, architectural, or planning firm.","An act to amend Section 1091 of the Government Code, relating to public officers and employees." +202,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 626.9 of the Penal Code is amended to read: +626.9. +(a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995. +(b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f). +(c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances: +(1) Within a place of residence or place of business or on private property, if the place of residence, place of business, or private property is not part of the school grounds and the possession of the firearm is otherwise lawful. +(2) When the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person and is in a locked container or within the locked trunk of a motor vehicle. +This section does not prohibit or limit the otherwise lawful transportation of any other firearm, other than a pistol, revolver, or other firearm capable of being concealed on the person, in accordance with state law. +(3) When the person possessing the firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety. This subdivision may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. Upon a trial for violating subdivision (b), the trier of a fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger. +(4) When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645. +(5) When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is not in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but within a distance of 1,000 feet from the grounds of the public or private school. +(d) Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (1) of subdivision (e). +The prohibition contained in this subdivision does not apply to the discharge of a firearm to the extent that the conditions of paragraph (1) of subdivision (c) are satisfied. +(e) As used in this section, the following definitions shall apply: +(1) “Concealed firearm” has the same meaning as that term is given in Sections 25400 and 25610. +(2) “Firearm” has the same meaning as that term is given in subdivisions (a) to (d), inclusive, of Section 16520. +(3) “Locked container” has the same meaning as that term is given in Section 16850. +(4) “School zone” means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school. +(f) (1) Any person who violates subdivision (b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years. +(2) Any person who violates subdivision (b) by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished as follows: +(A) By imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, if any of the following circumstances apply: +(i) If the person previously has been convicted of any felony, or of any crime made punishable by any provision listed in Section 16580. +(ii) If the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. +(iii) If the firearm is any pistol, revolver, or other firearm capable of being concealed upon the person and the offense is punished as a felony pursuant to Section 25400. +(B) By imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, in all cases other than those specified in subparagraph (A). +(3) Any person who violates subdivision (d) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years. +(g) (1) Every person convicted under this section for a misdemeanor violation of subdivision (b) who has been convicted previously of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for not less than three months, or if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. +(2) Every person convicted under this section of a felony violation of subdivision (b) or (d) who has been convicted previously of a misdemeanor offense enumerated in Section 23515, if probation is granted or if the execution of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. +(3) Every person convicted under this section for a felony violation of subdivision (b) or (d) who has been convicted previously of any felony, or of any crime made punishable by any provision listed in Section 16580, if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. +(4) The court shall apply the three-month minimum sentence specified in this subdivision, except in unusual cases where the interests of justice would best be served by granting probation or suspending the execution or imposition of sentence without the minimum imprisonment required in this subdivision or by granting probation or suspending the execution or imposition of sentence with conditions other than those set forth in this subdivision, in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by this disposition. +(h) Notwithstanding Section 25605, any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision. +(i) Notwithstanding Section 25605, any person who brings or possesses a firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision. +(j) For purposes of this section, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder. +(k) This section does not require that notice be posted regarding the proscribed conduct. +(l) This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of his or her duties, or an armored vehicle guard, engaged in the performance of his or her duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code. +(m) This section does not apply to a security guard authorized to carry a loaded firearm pursuant to Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6. +(n) This section does not apply to an existing shooting range at a public or private school or university or college campus. +(o) This section does not apply to an honorably retired peace officer authorized to carry a concealed or loaded firearm pursuant to any of the following: +(1) Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6. +(2) Section 25650. +(3) Sections 25900 to 25910, inclusive. +(4) Section 26020. +(5) Paragraph (2) of subdivision (c) of Section 26300. +(p) This section does not apply to a peace officer appointed pursuant to Section 830.6 who is authorized to carry a firearm by the appointing agency. +SEC. 2. +Section 30310 of the Penal Code is amended to read: +30310. +(a) Unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties. +(b) This section shall not apply to any of the following: +(1) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. +(2) A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California. +(3) Any person summoned by any of these officers to assist in making an arrest or preserving the peace while that person is actually engaged in assisting the officer. +(4) A member of the military forces of this state or of the United States who is engaged in the performance of that person’s duties. +(5) An armored vehicle guard, who is engaged in the performance of that person’s duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code. +(6) Any peace officer, listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, whether active or honorably retired. +(7) Any other duly appointed peace officer. +(8) Any honorably retired peace officer listed in subdivision (c) of Section 830.5. +(9) Any other honorably retired peace officer who during the course and scope of his or her appointment as a peace officer was authorized to, and did, carry a firearm. +(10) (A) A person carrying ammunition or reloaded ammunition onto school grounds that is in a motor vehicle at all times and is within a locked container or within the locked trunk of the vehicle. +(B) For purposes of this paragraph, the term “locked container” has the same meaning as set forth in Section 16850. +(c) A violation of this section is punishable by imprisonment in a county jail for a term not to exceed six months, a fine not to exceed one thousand dollars ($1,000), or both the imprisonment and fine. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Gun-Free School Zone Act of 1995, subject to exceptions, prohibits a person from possessing a firearm in a place that the person knows, or reasonably should know, is a school zone, unless with the written permission of certain school district officials. Existing law defines a school zone as an area on the grounds of a school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet of that school. Existing law prohibits a person from bringing or possessing a firearm upon the grounds of a campus of a public or private university or college, or buildings owned or operated for student housing, teaching, research, or administration by a public or private university or college, that are contiguous or are clearly marked university property, as specified, unless with the written permission of specified university or college officials. Under existing law, a violation of these provisions is a felony, or, under specified circumstances, a misdemeanor. Under existing law, certain persons are exempt from both the school zone and the university prohibitions, including, among others, a person holding a valid license to carry a concealed firearm and a retired peace officer authorized to carry a concealed or loaded firearm. +This bill would recast the provisions relating to a person holding a valid license to carry a concealed firearm to allow that person to carry a firearm in an area that is within 1,000 feet of, but not on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive. The bill would also delete the exemption that allows a person holding a valid license to carry a concealed firearm to bring or possess a firearm on the campus of a university or college. The bill would create an additional exemption from those prohibitions for certain appointed peace officers who are authorized to carry a firearm by their appointing agency, and an exemption for certain retired reserve peace officers who are authorized to carry a concealed or loaded firearm. By expanding the scope of an existing crime, the bill would create a state-mandated local program. +Existing law, subject to exceptions, prohibits carrying ammunition or reloaded ammunition onto school grounds unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority. +This bill would reorganize those exceptions. The bill would delete the exemption that allows a person to carry ammunition or reloaded ammunition onto school grounds if the person is licensed to carry a concealed firearm. The bill would also create an additional exception to that prohibition by authorizing a person to carry ammunition or reloaded ammunition onto school grounds if it is in a motor vehicle at all times and is within a locked container or within the locked trunk of the vehicle. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 626.9 and 30310 of the Penal Code, relating to firearms." +203,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature to enact legislation to improve access to children from refugee and immigrant households to child nutrition programs. +SEC. 2. +Section 49557 of the Education Code is amended to read: +49557. +(a) (1) The governing board of a school district and the county superintendent of schools shall make paper applications for free or reduced-price meals available to pupils at all times during each regular schoolday, and may also make an application electronically available online, provided that the online application complies with paragraph (3). Pursuant to federal and state guidelines, the application shall contain clear instructions for families that are homeless or are migrants, and shall also contain, in at least 8-point boldface type, each of the following statements: +(A) Applications for free and reduced-price meals may be submitted at any time during a schoolday. +(B) Children participating in the federal National School Lunch Program will not be overtly identified by the use of special tokens, special tickets, special serving lines, separate entrances, separate dining areas, or by any other means. +(2) A school district and the county superintendent of schools shall use all other paper applications it has for free or reduced-price meals before utilizing the applications pursuant to this subdivision. +(3) If a governing board of a school district, a county office of education, or a school food authority chooses to provide access to an online application for free or reduced-price meals pursuant to paragraph (1), the online application shall comply with all of the following requirements: +(A) Include a link to the Internet Web site on which translated applications are posted by the United States Department of Agriculture, with instructions in that language that inform the applicant how to submit the application. The Legislature finds and declares that federal guidelines require school food authorities to accept and process these applications if they are submitted to the school food authority. +(B) Require completion of only those questions that are necessary for determining eligibility. +(C) Include clear instructions for families that are homeless or are migrants. +(D) Comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Children’s Online Privacy Protection Act of 1998 (Public Law 105-277). +(E) Include links to all of the following: +(i) The online application to CalFresh. +(ii) The online single state application for health care. +(iii) The Internet Web page maintained by the State Department of Public Health entitled “About WIC and How to Apply,” or another Internet Web page identified by the State Department of Public Health that connects families to the Special Supplemental Nutrition Program for Women, Infants and Children. +(iv) The Internet Web site of a summer lunch program authorized to participate within the city or school district. +(F) No online application for free or reduced-price meals shall be made available online or made accessible online by a school district, a county office of education, or a school food authority if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application. +(b) The governing board of each school district and each county superintendent of schools shall formulate a plan, which shall be mailed to the State Department of Education for its approval, that will ensure that children eligible to receive free or reduced-price meals and milk shall not be treated differently from other children. These plans shall ensure each of the following: +(1) Unless otherwise specified, the names of the children shall not be published, posted, or announced in any manner, or used for any purpose other than the federal National School Lunch Program. +(2) There shall be no overt identification of any of the children by the use of special tokens or tickets or by any other means. +(3) The children shall not be required to work for their meals or milk. +(4) The children shall not be required to use a separate dining area, go through a separate serving line, enter the dining area through a separate entrance, or consume their meals or milk at a different time. +(c) When more than one lunch or breakfast or type of milk is offered pursuant to this article, the children shall have the same choice of meals or milk that is available to those children who pay the full price for their meal or milk. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires each school district and county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate, free or reduced-price meal during each schoolday. Existing law requires the governing board of a school district and the county superintendent of schools to make applications for free or reduced-price meals available to pupils at all times during each regular schoolday. Existing law requires the Superintendent of Public Instruction to supervise the implementation of this program and to investigate acts of alleged noncompliance. +This bill would authorize the governing boards of school districts and county superintendents of schools to also make applications for free or reduced-price meals electronically available online. The bill would specify requirements that would have to be met by the governing boards of school districts, county offices of education, and school food authorities who choose to provide access to an online application under this bill. +The bill would require all applications to include clear instructions for families that are homeless or are migrants. To the extent that this provision would impose new duties on local educational agencies, it would constitute a state-mandated local program. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 49557 of the Education Code, relating to pupil nutrition." +204,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7282.5 of the Government Code is amended to read: +7282.5. +(a) A law enforcement official shall have discretion to cooperate with federal immigration officials by detaining an individual on the basis of an immigration hold after that individual becomes eligible for release from custody only if the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy, and only under any of the following circumstances: +(1) The individual has been convicted of a serious or violent felony identified in subdivision (c) of Section 1192.7 of, or subdivision (c) of Section 667.5 of, the Penal Code. +(2) The individual has been convicted of a felony punishable by imprisonment in the state prison. +(3) The individual has been convicted within the past five years of a misdemeanor for a crime that is punishable as either a misdemeanor or a felony for, or has been convicted at any time of a felony for, any of the following offenses: +(A) Assault, as specified in, but not limited to, Sections 217.1, 220, 240, 241.1, 241.4, 241.7, 244, 244.5, 245, 245.2, 245.3, 245.5, 4500, and 4501 of the Penal Code. +(B) Battery, as specified in, but not limited to, Sections 242, 243.1, 243.3, 243.4, 243.6, 243.7, 243.9, 273.5, 347, 4501.1, and 4501.5 of the Penal Code. +(C) Use of threats, as specified in, but not limited to, Sections 71, 76, 139, 140, 422, 601, and 11418.5 of the Penal Code. +(D) Sexual abuse, sexual exploitation, or crimes endangering children, as specified in, but not limited to, Sections 266, 266a, 266b, 266c, 266d, 266f, 266g, 266h, 266i, 266j, 267, 269, 288, 288.5, 311.1, 311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal Code. +(E) Child abuse or endangerment, as specified in, but not limited to, Sections 270, 271, 271a, 273a, 273ab, 273d, 273.4, and 278 of the Penal Code. +(F) Burglary, robbery, theft, fraud, forgery, or embezzlement, as specified in, but not limited to, Sections 211, 215, 459, 463, 470, 476, 487, 496, 503, 518, 530.5, 532, and 550 of the Penal Code. +(G) Driving under the influence of alcohol or drugs, but only for a conviction that is a felony. +(H) Obstruction of justice, as specified in, but not limited to, Sections 69, 95, 95.1, 136.1, and 148.10 of the Penal Code. +(I) Bribery, as specified in, but not limited to, Sections 67, 67.5, 68, 74, 85, 86, 92, 93, 137, 138, and 165 of the Penal Code. +(J) Escape, as specified in, but not limited to, Sections 107, 109, 110, 4530, 4530.5, 4532, 4533, 4534, 4535, and 4536 of the Penal Code. +(K) Unlawful possession or use of a weapon, firearm, explosive device, or weapon of mass destruction, as specified in, but not limited to, Sections 171b, 171c, 171d, 246, 246.3, 247, 417, 417.3, 417.6, 417.8, 4574, 11418, 11418.1, 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.55, 18745, 18750, and 18755 of, and subdivisions (c) and (d) of Section 26100 of, the Penal Code. +(L) Possession of an unlawful deadly weapon, under the Deadly Weapons Recodification Act of 2010 (Part 6 (commencing with Section 16000) of the Penal Code). +(M) An offense involving the felony possession, sale, distribution, manufacture, or trafficking of controlled substances. +(N) Vandalism with prior convictions, as specified in, but not limited to, Section 594.7 of the Penal Code. +(O) Gang-related offenses, as specified in, but not limited to, Sections 186.22, 186.26, and 186.28 of the Penal Code. +(P) An attempt, as defined in Section 664 of, or a conspiracy, as defined in Section 182 of, the Penal Code, to commit an offense specified in this section. +(Q) A crime resulting in death, or involving the personal infliction of great bodily injury, as specified in, but not limited to, subdivision (d) of Section 245.6 of, and Sections 187, 191.5, 192, 192.5, 12022.7, 12022.8, and 12022.9 of, the Penal Code. +(R) Possession or use of a firearm in the commission of an offense. +(S) An offense that would require the individual to register as a sex offender pursuant to Section 290, 290.002, or 290.006 of the Penal Code. +(T) False imprisonment, slavery, and human trafficking, as specified in, but not limited to, Sections 181, 210.5, 236, 236.1, and 4503 of the Penal Code. +(U) Criminal profiteering and money laundering, as specified in, but not limited to, Sections 186.2, 186.9, and 186.10 of the Penal Code. +(V) Torture and mayhem, as specified in, but not limited to, Section 203 of the Penal Code. +(W) A crime threatening the public safety, as specified in, but not limited to, Sections 219, 219.1, 219.2, 247.5, 404, 404.6, 405a, 451, and 11413 of the Penal Code. +(X) Elder and dependent adult abuse, as specified in, but not limited to, Section 368 of the Penal Code. +(Y) A hate crime, as specified in, but not limited to, Section 422.55 of the Penal Code. +(Z) Stalking, as specified in, but not limited to, Section 646.9 of the Penal Code. +(AA) Soliciting the commission of a crime, as specified in, but not limited to, subdivision (c) of Section 286 of, and Sections 653j and 653.23 of, the Penal Code. +(AB) An offense committed while on bail or released on his or her own recognizance, as specified in, but not limited to, Section 12022.1 of the Penal Code. +(AC) Rape, sodomy, oral copulation, or sexual penetration, as specified in, but not limited to, paragraphs (2) and (6) of subdivision (a) of Section 261 of, paragraphs (1) and (4) of subdivision (a) of Section 262 of, Section 264.1 of, subdivisions (c) and (d) of Section 286 of, subdivisions (c) and (d) of Section 288a of, and subdivisions (a) and (j) of Section 289 of, the Penal Code. +(AD) Kidnapping, as specified in, but not limited to, Sections 207, 209, and 209.5 of the Penal Code. +(AE) A violation of subdivision (c) of Section 20001 of the Vehicle Code. +(AF) A felony which formed the basis upon which the individual was previously deported. +(4) The individual is a current registrant on the California Sex and Arson Registry. +(5) The individual is arrested and taken before a magistrate on a charge involving a serious or violent felony, as identified in subdivision (c) of Section 1192.7 or subdivision (c) of Section 667.5 of the Penal Code, a felony punishable by imprisonment in state prison, or any felony listed in paragraph (2) or (3) other than domestic violence, and the magistrate makes a finding of probable cause as to that charge pursuant to Section 872 of the Penal Code. +(6) The individual has been convicted of a federal crime that meets the definition of an aggravated felony as set forth in subparagraphs (A) to (P), inclusive, of paragraph (43) of subsection (a) of Section 101 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), or is identified by the United States Department of Homeland Security’s Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest warrant. +(b) If none of the conditions listed in subdivision (a) is satisfied, an individual shall not be detained on the basis of an immigration hold after the individual becomes eligible for release from custody.","Existing federal law authorizes any authorized immigration officer to issue an immigration detainer that serves to advise another law enforcement agency that the federal department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien. Existing federal law provides that the detainer is a request that the agency advise the department, prior to release of the alien, in order for the department to arrange to assume custody in situations when gaining immediate physical custody is either impracticable or impossible. +Existing state law prohibits a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless, at the time that the individual becomes eligible for release from custody, certain conditions are met, including, among other things, that the individual has been convicted at any time of a felony for specified offenses and the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy. +This bill would expand the list of prior felony convictions to include the conviction of a felony which formed the basis upon which the individual was previously deported, thereby allowing a law enforcement official, if the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy, to detain an individual with that felony conviction on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody.","An act to amend Section 7282.5 of the Government Code, relating to state government." +205,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 4.3 (commencing with Section 111547) is added to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, to read: +Article 4.3. Right to Try Act +111547. +This article shall be known and may be cited as the Right to Try Act. +111547.1. +In this article, unless the context otherwise requires, the following definitions shall apply: +(a) “Eligible patient” means a person who meets all of the following conditions: +(1) Has a terminal illness, attested to by the eligible patient’s treating physician. +(2) Has considered all other treatment options currently approved by the United States Food and Drug Administration. +(3) Has received a recommendation from his or her physician for an investigational drug, biological product, or device. +(4) Has given written, informed consent for the use of the investigational drug, biological product, or device, or if he or she lacks the capacity to consent, his or her legally authorized representative has given written informed consent on his or her behalf. +(5) Has documentation from his or her treating physician attesting that the eligible patient has met the requirements of this subdivision. +(b) “Health benefit plan” means any plan or program that provides, arranges, pays for, or reimburses the cost of health benefits. “Health benefit plan” includes, but is not limited to, a health care service plan contract issued by a health care service plan, as defined in Section 1345 of this code, and a policy of health insurance, as defined in Section 106 of the Insurance Code, issued by a health insurer. +(c) “Investigational drug, biological product, or device” means a drug, biological product, or device that has successfully completed phase one of a clinical trial approved by the United States Food and Drug Administration, but has not been approved for general use by the United States Food and Drug Administration and remains under investigation in a clinical trial approved by the United States Food and Drug Administration. +(d) “Physician” means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act. +(e) “State regulatory board” means the California Medical Board or the Osteopathic Medical Board of California. +(f) “Terminal illness” means progressive disease or medical or surgical condition that entails significant functional impairment, that is not considered by a treating physician to be reversible even with theadministration of current United States Food and Drug Administration approved and available treatments, and that, without life-sustaining procedures, will soon result in death. +(g) “Written, informed consent” means a written document that is signed by an eligible patient, parent or legal guardian if the eligible patient is a minor, or his or her legally authorized representative if the eligible patient lacks the capacity to consent, and attested to by the eligible patient’s physician and a witness that, at a minimum, does all of the following: +(1) Explains the currently approved products and treatments for the terminal illness from which the eligible patient suffers. +(2) Attests to the fact that the eligible patient, or if the eligible patient lacks the capacity to consent, his or her legally authorized representative, concurs with the eligible patient’s physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the eligible patient’s life. +(3) Clearly identifies the specific proposed investigational drug, biological product, or device that the eligible patient is seeking to use. +(4) Describes the potentially best and worst outcomes of using the investigational drug, biological product, or device and provides a realistic description of the most likely outcome. This description shall include the possibility that new, unanticipated, different, or worse symptoms may result and that death could be hastened by the proposed treatment. The description shall be based on the physician’s knowledge of the proposed treatment in conjunction with an awareness of the eligible patient’s condition. +(5) States that the eligible patient’s health benefit plan or third-party administrator, if any, and health care provider are not obligated to pay for the investigational drug, biological product, or device or any care or treatments consequent to use of the investigational drug, biological product, or device, unless otherwise specifically required to do so by law or contract. +(6) States that the eligible patient’s eligibility for hospice care may be withdrawn if the eligible patient begins curative treatment with the investigational drug, biological product, or device and that care may be reinstated if the curative treatment ends and the eligible patient meets hospice eligibility requirements. +(7) States that the eligible patient understands that he or she is liable for all expenses consequent to the use of the investigational drug, biological product, or device, and that this liability extends to the eligible patient’s estate, except as otherwise provided in the eligible patient’s health benefit plan or a contract between the eligible patient and the manufacturer of the drug, biological product, or device. +111547.2. +(a) Notwithstanding Section 110280, 111520, or 111550, a manufacturer of an investigational drug, biological product, or device may make available the manufacturer’s investigational drug, biological product, or device to an eligible patient pursuant to this article. This article does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient. +(b) A manufacturer may do both of the following: +(1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation. +(2) Require an eligible patient to pay the costs of, or associated with, the manufacture of the investigational drug, biological product, or device. +(c) (1) This article does not expand or otherwise affect the health care coverage required to be provided by a health benefit plan or governmental agency pursuant to the laws of this state. +(2) This article does not expand or otherwise affect the coverage provided under Sections 1370.4 and 1370.6 of this code, Sections 10145.3 and 10145.4 of the Insurance Code, or Sections 14087.11 and 14132.98 of the Welfare and Institutions Code. +(3) A health benefit plan, third-party administrator, if any, or governmental agency may, but is not required to, provide coverage for the cost of an investigational drug, biological product, or device, or the cost of services related to the use of an investigational drug, biological product, or device under this article. +(4) This article does not require any governmental agency to pay costs associated with the use, care, or treatment of an eligible patient with an investigational drug, biological product, or device. +(5) This article does not require a health facility, as described in Section 1250, to provide new or additional services, unless approved by the health facility. +(d) If an eligible patient dies while being treated by an investigational drug, biological product, or device made available pursuant to this article, the eligible patient’s heirs are not liable for any outstanding debt related to the treatment or lack of insurance for the treatment. +111547.3. +(a) Notwithstanding any other law, a state regulatory board shall not revoke, fail to renew, suspend, or take any other disciplinary action against a physician’s license based solely on the physician’s recommendation to an eligible patient regarding, prescription for, or treatment with, an investigational drug, biological product, or device, provided that the recommendation or prescription is consistent with medical standards of care. +(b) A state agency shall not alter any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider’s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that an eligible patient have access to an investigational drug, biological product, or device. +(c) An official, employee, or agent of this state shall not block or attempt to block an eligible patient’s access to an investigational drug, biological product, or device pursuant to this article. Counseling, advice, or a recommendation consistent with medical standards of care from an individual licensed under Division 2 (commencing with Section 500) of the Business and Professions Code shall not be considered a violation of this section. +(d) A violation of this article shall not be subject to Chapter 8 (commencing with Section 111825). +111547.4. +This article does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device, or against any other person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device, for any harm done to the eligible patient resulting from the investigational drug, biological product, or device, so long as the manufacturer or other person or entity is complying in good faith with the terms of this article, unless there was a failure to exercise reasonable care.","Existing law, the federal Food, Drug, and Cosmetic Act, prohibits a person from introducing into interstate commerce any new drug unless the drug has been approved by the federal Food and Drug Administration (FDA). Existing law requires the sponsor of a new drug to submit to the FDA an investigational new drug application and to then conduct a series of clinical trials to establish the safety and efficacy of the drug in human populations and submit the results to the FDA in a new drug application. +Existing law, the Sherman Food, Drug, and Cosmetic Law, regulates the packaging, labeling, and advertising of drugs and devices and is administered by the State Department of Public Health. A violation of that law is a crime. The Sherman Food, Drug, and Cosmetic Law prohibits, among other things, the sale, delivery, or giving away of a new drug or new device unless either the department has approved a new drug or device application for that new drug or new device and that approval has not been withdrawn, terminated, or suspended or the drug or device has been approved pursuant to specified provisions of federal law, including the federal Food, Drug, and Cosmetic Act. +The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and requires the board to take action against a licensee who is charged with unprofessional conduct. The Osteopathic Act provides for the licensure and regulation of osteopathic physicians and surgeons by the Osteopathic Medical Board of California and requires the board to enforce the Medical Practice Act with respect to its licensees. +This bill, among other things, would permit a manufacturer of an investigational drug, biological product, or device to make the product available to eligible patients with terminal illnesses, as specified. The bill would authorize, but not require, a health benefit plan, as defined, or governmental agency to provide coverage for any investigational drug, biological product, or device made available pursuant to these provisions or the associated costs. The bill would prohibit the Medical Board of California and the Osteopathic Medical Board of California from taking any disciplinary action against the license of a physician based solely on the physician’s recommendation to an eligible patient regarding, or prescription for or treatment with, an investigational drug, biological product, or device, provided that the recommendation or prescription is consistent with medical standards of care. The bill would prohibit a state agency from altering any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider’s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that an eligible patient have access to an investigational drug, biological product, or device. The bill would prohibit an official, employee, or agent of the state from blocking an eligible patient’s access to the investigational drug, biological product, or device pursuant to the bill’s provisions.","An act to add Article 4.3 (commencing with Section 111547) to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, relating to drugs and devices." +206,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 645.5 is added to the Penal Code, to read: +645.5. +(a) A person who willfully removes or disables, or permits another person to remove or disable, an electronic, Global Positioning System, or other monitoring device affixed to his or her person, if the device was affixed as a condition of parole, postrelease community supervision, or probation as a result of a conviction of any offense specified in subdivision (c) of Section 667.61, if the person intended to evade supervision and either does not surrender, or is not apprehended, within one week of the issuance of a warrant for absconding, is guilty of a felony, punishable by imprisonment in the state prison for 16 months, or two or three years. +(b) This section does not apply to the removal or disabling of a monitoring device by a physician, emergency medical services technician, or by any other emergency response or medical personnel when doing so is necessary during the course of medical treatment of the person subject to the device. This section does not apply if the removal or disabling of the device is authorized or required by a court, by law enforcement, or by any other entity that is responsible for placing the device upon the person or that has the authority and responsibility to monitor the device. +SEC. 2. +Section 1203.067 of the Penal Code is amended to read: +1203.067. +(a) Notwithstanding any other law, before probation may be granted to any person convicted of a felony specified in Section 261, 262, 264.1, 286, 288, 288a, 288.5, or 289, who is eligible for probation, the court shall do all of the following: +(1) Order the defendant evaluated pursuant to Section 1203.03, or similar evaluation by the county probation department. +(2) Conduct a hearing at the time of sentencing to determine if probation of the defendant would pose a threat to the victim. The victim shall be notified of the hearing by the prosecuting attorney and given an opportunity to address the court. +(3) Order any psychiatrist or psychologist appointed pursuant to Section 288.1 to include a consideration of the threat to the victim and the defendant’s potential for positive response to treatment in making his or her report to the court. Nothing in this section shall be construed to require the court to order an examination of the victim. +(b) On or after July 1, 2012, the terms of probation for persons placed on formal probation for an offense that requires registration pursuant to Sections 290 to 290.023, inclusive, or for the offense specified in Section 645.5, shall include all of the following: +(1) Persons placed on formal probation prior to July 1, 2012, shall participate in an approved sex offender management program, following the standards developed pursuant to Section 9003, for a period of not less than one year or the remaining term of probation if it is less than one year. The length of the period in the program is to be determined by the certified sex offender management professional in consultation with the probation officer and as approved by the court. Participation in this program applies to every person described without regard to when his or her crime or crimes were committed. +(2) Persons placed on formal probation on or after July 1, 2012, shall successfully complete a sex offender management program, following the standards developed pursuant to Section 9003, as a condition of release from probation. The length of the period in the program shall be not less than one year, up to the entire period of probation, as determined by the certified sex offender management professional in consultation with the probation officer and as approved by the court. Participation in this program applies to each person without regard to when his or her crime or crimes were committed. +(3) Waiver of any privilege against self-incrimination and participation in polygraph examinations, which shall be part of the sex offender management program. +(4) Waiver of any psychotherapist-patient privilege to enable communication between the sex offender management professional and supervising probation officer, pursuant to Section 290.09. +(c) Any defendant ordered to be placed in an approved sex offender management program pursuant to subdivision (b) shall be responsible for paying the expense of his or her participation in the program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay. +SEC. 3. +Section 3008 of the Penal Code is amended to read: +3008. +(a) The Department of Corrections and Rehabilitation shall ensure that all parolees under active supervision who are deemed to pose a high risk to the public of committing sex crimes, as determined by the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO), as set forth in Sections 290.04 to 290.06, inclusive, are placed on intensive and specialized parole supervision and are required to report frequently to designated parole officers. The department may place any other parolee convicted of an offense that requires him or her to register as a sex offender pursuant to Section 290 who is on active supervision on intensive and specialized supervision and require him or her to report frequently to designated parole officers. +(b) The department shall develop and, at the discretion of the secretary, and subject to an appropriation of the necessary funds, may implement a plan for the implementation of relapse prevention treatment programs, and the provision of other services deemed necessary by the department, in conjunction with intensive and specialized parole supervision, to reduce the recidivism of sex offenders. +(c) The department shall develop control and containment programming for sex offenders who have been deemed to pose a high risk to the public of committing a sex crime, as determined by the SARATSO, and shall require participation in appropriate programming as a condition of parole. +(d) On or after July 1, 2012, the parole conditions of a person released on parole for an offense that requires registration pursuant to Sections 290 to 290.023, inclusive, or for the offense specified in Section 645.5, shall include all of the following: +(1) Persons placed on parole prior to July 1, 2012, shall participate in an approved sex offender management program, following the standards developed pursuant to Section 9003, for a period of not less than one year or the remaining term of parole if it is less than one year. The length of the period in the program is to be determined by the certified sex offender management professional in consultation with the parole officer and as approved by the court. Participation in this program applies to each person without regard to when his or her crime or crimes were committed. +(2) Persons placed on parole on or after July 1, 2012, shall successfully complete a sex offender management program, following the standards developed pursuant to Section 9003, as a condition of parole. The length of the period in the program shall be not less than one year, up to the entire period of parole, as determined by the certified sex offender management professional in consultation with the parole officer and as approved by the court. Participation in this program applies to every person described without regard to when his or her crime or crimes were committed. +(3) Waiver of any privilege against self-incrimination and participation in polygraph examinations, which shall be part of the sex offender management program. +(4) Waiver of any psychotherapist-patient privilege to enable communication between the sex offender management professional and supervising parole officer, pursuant to Section 290.09. +(e) Any defendant ordered to be placed in an approved sex offender management treatment program pursuant to subdivision (d) shall be responsible for paying the expense of his or her participation in the program. The department shall take into consideration the ability of the defendant to pay, and no defendant shall be denied discharge onto parole because of his or her inability to pay. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, as amended by Proposition 83 of the November 7, 2006, statewide general election, requires every inmate who has been convicted of an offense that requires him or her to register as a sex offender or any attempt to commit any of those offenses and who is committed to prison and released on parole to be monitored by a global positioning system for life. Existing law requires the terms of probation or parole for all persons placed on formal probation or parole for an offense that requires registration as a sex offender to include, among other things, participation in, or completion of, a sex offender management program, as specified. +This bill would make it a felony for a person to willfully remove or disable an electronic, global positioning system, or other monitoring device, if the device was affixed as a condition of parole, postrelease community supervision, or probation as a result of a conviction of certain specified sex offenses, if the person intended to evade supervision and either does not surrender, or is not apprehended, within one week of the issuance of a warrant for absconding, punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. The bill would require the terms of probation or parole of a person who has committed a violation of these provisions to include participation and completion of a sex offender management program. By creating a new crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 1203.067 and 3008 of, and to add Section 645.5 to, the Penal Code, relating to sex offenders." +207,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 399.15 of the Public Utilities Code is amended to read: +399.15. +(a) In order to fulfill unmet long-term resource needs, the commission shall establish a renewables portfolio standard requiring all retail sellers to procure a minimum quantity of electricity products from eligible renewable energy resources as a specified percentage of total kilowatthours sold to their retail end-use customers each compliance period to achieve the targets established under this article. For any retail seller procuring at least 14 percent of retail sales from eligible renewable energy resources in 2010, the deficits associated with any previous renewables portfolio standard shall not be added to any procurement requirement pursuant to this article. +(b) The commission shall implement renewables portfolio standard procurement requirements only as follows: +(1) Each retail seller shall procure a minimum quantity of eligible renewable energy resources for each of the following compliance periods: +(A) January 1, 2011, to December 31, 2013, inclusive. +(B) January 1, 2014, to December 31, 2016, inclusive. +(C) January 1, 2017, to December 31, 2020, inclusive. +(2) (A) No later than January 1, 2012, the commission shall establish the quantity of electricity products from eligible renewable energy resources to be procured by the retail seller for each compliance period. These quantities shall be established in the same manner for all retail sellers and result in the same percentages used to establish compliance period quantities for all retail sellers. +(B) In establishing quantities for the compliance period from January 1, 2011, to December 31, 2013, inclusive, the commission shall require procurement for each retail seller equal to an average of 20 percent of retail sales. For the following compliance periods, the quantities shall reflect reasonable progress in each of the intervening years sufficient to ensure that the procurement of electricity products from eligible renewable energy resources achieves 25 percent of retail sales by December 31, 2016, and 33 percent of retail sales by December 31, 2020. The commission shall require retail sellers to procure not less than 33 percent of retail sales of electricity products from eligible renewable energy resources in all subsequent years. +(C) Retail sellers shall be obligated to procure no less than the quantities associated with all intervening years by the end of each compliance period. Retail sellers shall not be required to demonstrate a specific quantity of procurement for any individual intervening year. +(3) The commission may require the procurement of eligible renewable energy resources in excess of the quantities specified in paragraph (2). The commission shall evaluate the +economic impacts +benefits and costs to the California economy, including +upon low- and middle-income individuals and families +and disadvantaged communities, +before exercise of its authority pursuant to this paragraph to increase the procurement of eligible renewable energy resources. In performing its evaluation, the commission shall conduct duly noticed public workshops throughout the state to allow for public comment and consideration of the economic findings. These workshops shall be completed not less than 60 days prior to consideration by the commission of a rule that would require procurement of eligible renewable energy resources in excess of the quantities specified in paragraph (2). +(4) Only for purposes of establishing the renewables portfolio standard procurement requirements of paragraph (1) and determining the quantities pursuant to paragraph (2), the commission shall include all electricity sold to retail customers by the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code in the calculation of retail sales by an electrical corporation. +(5) The commission shall waive enforcement of this section if it finds that the retail seller has demonstrated any of the following conditions are beyond the control of the retail seller and will prevent compliance: +(A) There is inadequate transmission capacity to allow for sufficient electricity to be delivered from proposed eligible renewable energy resource projects using the current operational protocols of the Independent System Operator. In making its findings relative to the existence of this condition with respect to a retail seller that owns transmission lines, the commission shall consider both of the following: +(i) Whether the retail seller has undertaken, in a timely fashion, reasonable measures under its control and consistent with its obligations under local, state, and federal laws and regulations, to develop and construct new transmission lines or upgrades to existing lines intended to transmit electricity generated by eligible renewable energy resources. In determining the reasonableness of a retail seller’s actions, the commission shall consider the retail seller’s expectations for full-cost recovery for these transmission lines and upgrades. +(ii) Whether the retail seller has taken all reasonable operational measures to maximize cost-effective deliveries of electricity from eligible renewable energy resources in advance of transmission availability. +(B) Permitting, interconnection, or other circumstances that delay procured eligible renewable energy resource projects, or there is an insufficient supply of eligible renewable energy resources available to the retail seller. In making a finding that this condition prevents timely compliance, the commission shall consider whether the retail seller has done all of the following: +(i) Prudently managed portfolio risks, including relying on a sufficient number of viable projects. +(ii) Sought to develop one of the following: its own eligible renewable energy resources, transmission to interconnect to eligible renewable energy resources, or energy storage used to integrate eligible renewable energy resources. This clause shall not require an electrical corporation to pursue development of eligible renewable energy resources pursuant to Section 399.14. +(iii) Procured an appropriate minimum margin of procurement above the minimum procurement level necessary to comply with the renewables portfolio standard to compensate for foreseeable delays or insufficient supply. +(iv) Taken reasonable measures, under the control of the retail seller, to procure cost-effective distributed generation and allowable unbundled renewable energy credits. +(C) Unanticipated curtailment of eligible renewable energy resources necessary to address the needs of a balancing authority. +(6) If the commission waives the compliance requirements of this section, the commission shall establish additional reporting requirements on the retail seller to demonstrate that all reasonable actions under the control of the retail seller are taken in each of the intervening years sufficient to satisfy future procurement requirements. +(7) The commission shall not waive enforcement pursuant to this section, unless the retail seller demonstrates that it has taken all reasonable actions under its control, as set forth in paragraph (5), to achieve full compliance. +(8) If a retail seller fails to procure sufficient eligible renewable energy resources to comply with a procurement requirement pursuant to paragraphs (1) and (2) and fails to obtain an order from the commission waiving enforcement pursuant to paragraph (5), the commission shall exercise its authority pursuant to Section 2113. +(9) Deficits associated with the compliance period shall not be added to a future compliance period. +(c) The commission shall establish a limitation for each electrical corporation on the procurement expenditures for all eligible renewable energy resources used to comply with the renewables portfolio standard. In establishing this limitation, the commission shall rely on the following: +(1) The most recent renewable energy procurement plan. +(2) Procurement expenditures that approximate the expected cost of building, owning, and operating eligible renewable energy resources. +(3) The potential that some planned resource additions may be delayed or canceled. +(d) In developing the limitation pursuant to subdivision (c), the commission shall ensure all of the following: +(1) The limitation is set at a level that prevents disproportionate rate impacts. +(2) The costs of all procurement credited toward achieving the renewables portfolio standard are counted towards the limitation. +(3) Procurement expenditures do not include any indirect expenses, including imbalance energy charges, sale of excess energy, decreased generation from existing resources, transmission upgrades, or the costs associated with relicensing any utility-owned hydroelectric facilities. +(e) (1) No later than January 1, 2016, the commission shall prepare a report to the Legislature assessing whether each electrical corporation can achieve a 33-percent renewables portfolio standard by December 31, 2020, and maintain that level thereafter, within the adopted cost limitations. If the commission determines that it is necessary to change the limitation for procurement costs incurred by any electrical corporation after that date, it may propose a revised cap consistent with the criteria in subdivisions (c) and (d). The proposed modifications shall take effect no earlier than January 1, 2017. +(2) Notwithstanding Section 10231.5 of the Government Code, the requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2021. +(3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. +(f) If the cost limitation for an electrical corporation is insufficient to support the projected costs of meeting the renewables portfolio standard procurement requirements, the electrical corporation may refrain from entering into new contracts or constructing facilities beyond the quantity that can be procured within the limitation, unless eligible renewable energy resources can be procured without exceeding a de minimis increase in rates, consistent with the long-term procurement plan established for the electrical corporation pursuant to Section 454.5. +(g) (1) The commission shall monitor the status of the cost limitation for each electrical corporation in order to ensure compliance with this article. +(2) If the commission determines that an electrical corporation may exceed its cost limitation prior to achieving the renewables portfolio standard procurement requirements, the commission shall do both of the following within 60 days of making that determination: +(A) Investigate and identify the reasons why the electrical corporation may exceed its annual cost limitation. +(B) Notify the appropriate policy and fiscal committees of the Legislature that the electrical corporation may exceed its cost limitation, and include the reasons why the electrical corporation may exceed its cost limitation. +(h) The establishment of a renewables portfolio standard shall not constitute implementation by the commission of the federal Public Utility Regulatory Policies Act of 1978 (Public Law 95-617).","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. The Public Utilities Act imposes various duties and responsibilities on the commission with respect to the purchase of electricity and requires the commission to review and adopt a procurement plan and a renewable energy procurement plan for each electrical corporation pursuant to the California Renewables Portfolio Standard Program (RPS program). The RPS program requires the commission to establish a renewables portfolio standard requiring all retail sellers, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, at specified percentages of the total kilowatthours sold to their retail end-customers during specified compliance periods. Existing law authorizes the commission to require a retail seller to procure eligible renewable energy resources in excess of the specified quantities. +This bill would require that the commission evaluate the +economic impacts +benefits and costs to the California economy, including +upon low- and middle-income individuals and families +and disadvantaged communities, +before exercise of its authority to increase the procurement of eligible renewable energy resources in excess of the specified quantities. The bill would require the commission, in performing its evaluation, to conduct duly noticed public workshops throughout the state to allow for public comment and consideration of the economic findings.","An act to amend Section 399.15 of the Public Utilities Code, relating to energy." +208,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1502.8 is added to the Health and Safety Code, to read: +1502.8. +The department shall adopt regulations consistent with paragraph (24) of subdivision (a) of Section 16001.9 of the Welfare and Institutions Code. +SEC. 2. +Section 16001.9 of the Welfare and Institutions Code is amended to read: +16001.9. +(a) It is the policy of the state that all minors and nonminors in foster care shall have the following rights: +(1) To live in a safe, healthy, and comfortable home where he or she is treated with respect. +(2) To be free from physical, sexual, emotional, or other abuse, or corporal punishment. +(3) To receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance. +(4) To receive medical, dental, vision, and mental health services. +(5) To be free of the administration of medication or chemical substances, unless authorized by a physician. +(6) To contact family members, unless prohibited by court order, and social workers, attorneys, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and probation officers. +(7) To visit and contact brothers and sisters, unless prohibited by court order. +(8) To contact the Community Care Licensing Division of the State Department of Social Services or the State Foster Care Ombudsperson regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints. +(9) To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order. +(10) To attend religious services and activities of his or her choice. +(11) To maintain an emancipation bank account and manage personal income, consistent with the child’s age and developmental level, unless prohibited by the case plan. +(12) To not be locked in a room, building, or facility premises, unless placed in a community treatment facility. +(13) To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child’s age and developmental level, with minimal disruptions to school attendance and educational stability. +(14) To work and develop job skills at an age-appropriate level, consistent with state law. +(15) To have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends. +(16) To attend Independent Living Program classes and activities if he or she meets age requirements. +(17) To attend court hearings and speak to the judge. +(18) To have storage space for private use. +(19) To be involved in the development of his or her own case plan and plan for permanent placement. +(20) To review his or her own case plan and plan for permanent placement, if he or she is 12 years of age or older and in a permanent placement, and to receive information about his or her out-of-home placement and case plan, including being told of changes to the plan. +(21) To be free from unreasonable searches of personal belongings. +(22) To the confidentiality of all juvenile court records consistent with existing law. +(23) To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. +(24) To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. +(25) To have caregivers and child welfare personnel who have received instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care. +(26) At 16 years of age or older, to have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for vocational and postsecondary educational programs, and information regarding financial aid for postsecondary education. +(27) To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections at 12 years of age or older. +(b) Nothing in this section shall be interpreted to require a foster care provider to take any action that would impair the health and safety of children in out-of-home placement. +(c) The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (26) of subdivision (a). +SEC. 3. +Section 16006 is added to the Welfare and Institutions Code, to read: +16006. +Children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides that a minor may be adjudged a dependent child of the juvenile court under specified circumstances. Existing law authorizes the court to place a minor who has been removed from the custody of his or her parent or guardian in foster care, among other placements. Existing law extends certain foster care benefits to youth up to 21 years of age, known as nonminor dependents if specified conditions are met. +Under existing law, a county social worker develops a case plan for a minor or nonminor dependent that, among other things, identifies specific goals and the appropriateness of the planned services in meeting those goals. Existing law requires, if out-of-home placement is used to attain case plan goals, the case plan to include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. Existing law also specifies certain factors that must be considered in making a placement decision. +This bill would require children and nonminor dependents in an out-of-home placement to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. By expanding the duties of counties relating to the placement of foster children and nonminor dependents, this bill would impose a state-mandated local program. +Existing law provides that it is the policy of the state that all minors and nonminors in foster care have specified rights, including, among others, the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. +This bill would additionally specify that all minors and nonminors in foster care have the right to be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. The bill would require the State Department of Social Services to adopt regulations consistent with this provision. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 1502.8 to the Health and Safety Code, and to amend Section 16001.9 of, and to add Section 16006 to, the Welfare and Institutions Code, relating to foster care." +209,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 21178 of the Public Resources Code is amended to read: +21178. +The Legislature finds and declares all of the following: +(a) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) requires that the environmental impacts of development projects be identified and mitigated. +(b) The act also guarantees the public an opportunity to review and comment on the environmental impacts of a project and to participate meaningfully in the development of mitigation measures for potentially significant environmental impacts. +(c) There are large projects under consideration in various regions of the state that would replace old and outmoded facilities with new job-creating facilities to meet those regions’ needs while also establishing new, cutting-edge environmental benefits to those regions. +(d) These projects are privately financed or financed from revenues generated from the projects themselves and do not require taxpayer financing. +(e) These projects further will generate thousands of full-time jobs during construction and thousands of additional permanent jobs once they are constructed and operating. +(f) These projects also present an unprecedented opportunity to implement nation-leading innovative measures that will significantly reduce traffic, air quality, and other significant environmental impacts, and fully mitigate the greenhouse gas emissions resulting from passenger vehicle trips attributed to the project. +(g) These pollution reductions will be the best in the nation compared to other comparable projects in the United States. +(h) The purpose of this chapter is to provide unique and unprecedented streamlining benefits under the California Environmental Quality Act for projects that provide the benefits described above for a limited period of time to put people to work as soon as possible. +SEC. 2. +Section 21181 of the Public Resources Code is amended to read: +21181. +This chapter does not apply to a project if the Governor does not certify the project as an environmental leadership development project eligible for streamlining pursuant to this chapter prior to January 1, 2018. +SEC. 3. +Section 21183 of the Public Resources Code is amended to read: +21183. +The Governor may certify a leadership project for streamlining pursuant to this chapter if all the following conditions are met: +(a) The project will result in a minimum investment of one hundred million dollars ($100,000,000) in California upon completion of construction. +(b) (1) The project creates high-wage, highly skilled jobs that pay prevailing wages and living wages and provide construction jobs and permanent jobs for Californians, and helps reduce unemployment. For purposes of this subdivision, “jobs that pay prevailing wages” means that all construction workers employed in the execution of the project will receive at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code. If the project is certified for streamlining, the project applicant shall include this requirement in all contracts for the performance of the work. +(2) (A) If the project is certified pursuant to this chapter, contractors and subcontractors shall pay to all construction workers employed in the execution of the project at least the general prevailing rate of per diem wages. +(B) Except as provided in subparagraph (C), the obligation of the contractors and subcontractors to pay prevailing wages pursuant to subparagraph (A) may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. +(C) Subparagraph (B) does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. +(c) The project does not result in any net additional emission of greenhouse gases, including greenhouse gas emissions from employee transportation, as determined by the State Air Resources Board pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code. +(d) The project applicant has entered into a binding and enforceable agreement that all mitigation measures required pursuant to this division to certify the project under this chapter shall be conditions of approval of the project, and those conditions will be fully enforceable by the lead agency or another agency designated by the lead agency. In the case of environmental mitigation measures, the applicant agrees, as an ongoing obligation, that those measures will be monitored and enforced by the lead agency for the life of the obligation. +(e) The project applicant agrees to pay the costs of the Court of Appeal in hearing and deciding any case, including payment of the costs for the appointment of a special master if deemed appropriate by the court, in a form and manner specified by the Judicial Council, as provided in the Rules of Court adopted by the Judicial Council pursuant to Section 21185. +(f) The project applicant agrees to pay the costs of preparing the administrative record for the project concurrent with review and consideration of the project pursuant to this division, in a form and manner specified by the lead agency for the project. +SEC. 4. +Section 21184.5 is added to the Public Resources Code, to read: +21184.5. +(a) Notwithstanding any other law, except as provided in subdivision (b), a multifamily residential project certified under this chapter shall provide unbundled parking, such that private vehicle parking spaces are priced and rented or purchased separately from dwelling units. +(b) Subdivision (a) shall not apply if the dwelling units are subject to affordability restrictions in law that prescribe rent or sale prices, and the cost of parking spaces cannot be unbundled from the cost of dwelling units. +SEC. 5. +Section 21189.1 of the Public Resources Code is amended to read: +21189.1. +If, prior to January 1, 2019, a lead agency fails to approve a project certified by the Governor pursuant to this chapter, then the certification expires and is no longer valid. +SEC. 6. +Section 21189.3 of the Public Resources Code is amended to read: +21189.3. +This chapter shall remain in effect until January 1, 2019, and as of that date is repealed unless a later enacted statute extends or repeals that date. +SEC. 7. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. +SEC. 8. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to reauthorize the Governor to certify projects as environmental leadership development projects in 2016 and prevent a one-year gap in this authorization, it is necessary that this act take effect immediately.","(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. +The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 authorizes the Governor, until January 1, 2016, to certify projects meeting certain requirements, including the requirement that the project creates high-wage, highly skilled jobs that pay prevailing wages and living wages, for streamlining benefits provided by that act. The act provides that if a lead agency fails to approve a project certified by the Governor before January 1, 2017, then the certification expires and is no longer valid. The act requires a lead agency to prepare the record of proceedings for the certified project concurrent with the preparation of the environmental documents. The act is repealed by its own terms on January 1, 2017. +This bill would extend the authority of the Governor to certify a project to January 1, 2018. The bill would provide that the certification expires and is no longer valid if the lead agency fails to approve a certified project before January 1, 2019. If a project is certified by the Governor, the bill would require contractors and subcontractors to pay to all construction workers employed in the execution of the project at least the general prevailing rate of per diem wages and would provide for the enforcement of this requirement. The bill would repeal the act on January 1, 2019. Because the bill would extend the obligation of the lead agency to prepare concurrently the record of proceedings, this bill would impose a state-mandated local program. +This bill would, notwithstanding any other law, require a multifamily residential project certified pursuant to the act to provide private vehicle parking spaces that are priced and rented or purchased separately from dwelling units, except as provided. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +(3) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 21178, 21181, 21183, 21189.1, and 21189.3 of, and to add Section 21184.5 to, the Public Resources Code, relating to environmental quality, and declaring the urgency thereof, to take effect immediately." +210,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 49414 of the Education Code is amended to read: +49414. +(a) School districts, county offices of education, and charter schools shall provide emergency epinephrine auto-injectors to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. +(b) For purposes of this section, the following terms have the following meanings: +(1) “Anaphylaxis” means a potentially life-threatening hypersensitivity to a substance. +(A) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma. +(B) Causes of anaphylaxis may include, but are not limited to, an insect sting, food allergy, drug reaction, and exercise. +(2) “Authorizing physician and surgeon” may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director. +(3) “Epinephrine auto-injector” means a disposable drug delivery system with a spring-activated needle that is designed for emergency administration of epinephrine to provide rapid, convenient first aid for persons suffering a potentially fatal reaction to anaphylaxis. +(4) “Qualified supervisor of health” may include, but is not limited to, a school nurse. +(5) “Volunteer” or “trained personnel” means an employee who has volunteered to administer epinephrine auto-injectors to a person if the person is suffering, or reasonably believed to be suffering, from anaphylaxis, has been designated by a school, and has received training pursuant to subdivision (d). +(c) Each private elementary and secondary school in the state may voluntarily determine whether or not to make emergency epinephrine auto-injectors and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to epinephrine auto-injectors and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision. +(d) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of an epinephrine auto-injector from the school nurse or other qualified person designated by an authorizing physician and surgeon. +(e) (1) Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of epinephrine auto-injectors that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering epinephrine auto-injectors and administering medication in a school environment, including, but not limited to, the State Department of Public Health, the Emergency Medical Services Authority, the American Academy of Allergy, Asthma and Immunology, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, Food Allergy Research and Education, the California Society of Allergy, Asthma and Immunology, the American College of Allergy, Asthma and Immunology, the Sean N. Parker Center for Allergy Research, and others. +(2) Training established pursuant to this subdivision shall include all of the following: +(A) Techniques for recognizing symptoms of anaphylaxis. +(B) Standards and procedures for the storage, restocking, and emergency use of epinephrine auto-injectors. +(C) Emergency followup procedures, including calling the emergency 911 telephone number and contacting, if possible, the pupil’s parent and physician. +(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation. +(E) Instruction on how to determine whether to use an adult epinephrine auto-injector or a junior epinephrine auto-injector, which shall include consideration of a pupil’s grade level or age as a guideline of equivalency for the appropriate pupil weight determination. +(F) Written materials covering the information required under this subdivision. +(3) Training established pursuant to this subdivision shall be consistent with the most recent Voluntary Guidelines for Managing Food Allergies In Schools and Early Care and Education Programs published by the federal Centers for Disease Control and Prevention and the most recent guidelines for medication administration issued by the department. +(4) A school shall retain for reference the written materials prepared under subparagraph (F) of paragraph (2). +(f) A school district, county office of education, or charter school shall distribute a notice at least once per school year to all staff that contains the following information: +(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer an epinephrine auto-injector to a person if the person is suffering, or reasonably believed to be suffering, from anaphylaxis, as specified in subdivision (b). +(2) A description of the training that the volunteer will receive pursuant to subdivision (d). +(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school shall obtain from an authorizing physician and surgeon a prescription for each school for epinephrine auto-injectors that, at a minimum, includes, for elementary schools, one regular epinephrine auto-injector and one junior epinephrine auto-injector, and for junior high schools, middle schools, and high schools, if there are no pupils who require a junior epinephrine auto-injector, one regular epinephrine auto-injector. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the epinephrine auto-injector and restocking it if it is used. +(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1). +(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or epinephrine auto-injector manufacturers. +(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. +(h) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer an epinephrine auto-injector to a person exhibiting potentially life-threatening symptoms of anaphylaxis at school or a school activity when a physician is not immediately available. If the epinephrine auto-injector is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Epinephrine auto-injectors shall be restocked before their expiration date. +(i) A volunteer shall initiate emergency medical services or other appropriate medical followup in accordance with the training materials retained pursuant to paragraph (4) of subdivision (e). +(j) A school district, county office of education, or charter school shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file. +(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out the provisions of this section, including, but not limited to, the acceptance of epinephrine auto-injectors from a manufacturer or wholesaler.","Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses and trained personnel who have volunteered, as specified, and authorizes school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. Existing law requires a qualified supervisor of health or administrator at a school district, county office of education, or charter school to obtain the prescription for epinephrine auto-injectors from an authorizing physician and surgeon, as defined, and authorizes the prescription to be filled by local or mail order pharmacies or epinephrine auto-injector manufacturers. +This bill would prohibit an authorizing physician and surgeon from being subject to professional review, being liable in a civil action, or being subject to criminal prosecution for the issuance of a prescription or order, pursuant to these provisions, unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. The bill would also update an entity reference.","An act to amend Section 49414 of the Education Code, relating to pupil health." +211,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 26840.13 is added to the Government Code, to read: +26840.13. +(a) The Sonoma County Board of Supervisors, upon making findings and declarations on the need for governmental oversight and coordination of the multiple agencies dealing with domestic violence, may authorize an increase in the fees for marriage licenses and confidential marriage licenses, up to a maximum increase of two dollars ($2). +(b) Effective July 1 of each year, the Sonoma County Board of Supervisors may authorize an increase in these fees by an amount equal to the increase in the Consumer Price Index for the San Francisco metropolitan area for the preceding calendar year, rounded to the nearest one-half dollar ($0.50). The fees shall be allocated pursuant to Section 18309.6 of the Welfare and Institutions Code. +(c) In addition to the fee prescribed by Section 26840.1, in Sonoma County, the person issuing authorization for the performance of a marriage or confidential marriage, or the county clerk upon providing a blank authorization form pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code, shall collect the fees specified in subdivisions (a) and (b), at the time of providing the authorization. +(d) The Sonoma County Board of Supervisors shall submit to the Assembly and Senate Committees on Judiciary a preliminary report no later than July 1, 2019, and a final report no later than July 1, 2020. Both reports shall contain the following information: +(1) The annual amounts of funds received and expended from fee increases for the purpose of governmental oversight and coordination of domestic violence prevention, intervention, and prosecution efforts in the county. +(2) Outcomes achieved as a result of the activities associated with the implementation of this section. +(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 2. +Section 103628.2 is added to the Health and Safety Code, to read: +103628.2. +(a) The Sonoma County Board of Supervisors, upon making findings and declarations on the need for governmental oversight and coordination of the multiple agencies dealing with domestic violence, may authorize an increase in the fees for certified copies of marriage certificates, fetal death records, and death records, up to a maximum increase of two dollars ($2). +(b) Effective July 1 of each year, the Sonoma County Board of Supervisors may authorize an increase in these fees by an amount equal to the increase in the Consumer Price Index for the San Francisco metropolitan area for the preceding calendar year, rounded to the nearest one-half dollar ($0.50). The fees shall be allocated pursuant to Section 18309.6 of the Welfare and Institutions Code. +(c) In addition to the fees prescribed by statute, any applicant for a certified copy of a marriage certificate, fetal death record, or death record in Sonoma County shall pay an additional fee to the local registrar, county recorder, or county clerk as established by the Sonoma County Board of Supervisors pursuant to subdivisions (a) and (b). +(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 3. +Section 18309.6 is added to the Welfare and Institutions Code, to read: +18309.6. +(a) (1) The Sonoma County Board of Supervisors shall direct the local registrar, county recorder, and county clerk to deposit fees collected pursuant to Section 26840.13 of the Government Code and Section 103628.2 of the Health and Safety Code into a special fund. +(2) The county may retain up to 4 percent of the fund for administrative costs associated with the collection and segregation of the additional fees and the deposit of these fees into the special fund. Proceeds from the fund shall be used for governmental oversight and coordination of domestic violence and family violence prevention, intervention, and prosecution efforts among the court system, the district attorney’s office, the public defender’s office, law enforcement, the probation department, mental health services, substance abuse services, child welfare services, adult protective services, and community-based organizations and other agencies working in Sonoma County in order to increase the effectiveness of prevention, early intervention, and prosecution of domestic and family violence. +(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 4. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the County of Sonoma with respect to domestic violence. +SECTION 1. +Section 59111 of the +Food and Agricultural Code +is amended to read: +59111. +(a)Upon the issuance of any order that makes effective a marketing order or marketing agreement, or any suspension, amendment, or termination of a marketing order or marketing agreement, a notice of the issuance shall be posted on a public bulletin board maintained by the secretary in his or her office. The secretary shall also post the same notice of issuance on the department’s Internet Web site. A marketing order or marketing agreement, or any suspension, amendment, or termination of it, shall not become effective until five days after the date of the posting in the secretary’s office or on the department’s Internet Web site, whichever occurs first. The secretary shall also mail a copy of the notice to every person that is directly affected by the terms of the marketing order or marketing agreement, suspension, amendment, or termination, whose name and address is on file in the office of the secretary, and to every person that files in the office of the secretary a written or electronic request for the notice. +(b)This section shall not apply to the termination of any marketing order or marketing agreement under Section 59087.","Existing law requires the collection of fees for issuing marriage licenses and for providing certified copies of vital records, including marriage certificates, birth certificates, fetal death records, and death records. Existing law provides for the establishment of county domestic violence program special funds for the purpose of funding local domestic violence programs. Certain fees payable at the time a marriage license is issued may be collected by the county clerks for deposit into these funds. +Existing law authorizes the Alameda County Board of Supervisors and the Solano County Board of Supervisors, upon making certain findings and declarations, to authorize an increase in the fees for marriage licenses and confidential marriage licenses, up to a maximum increase of $2. Existing law authorizes those boards of supervisors, upon making certain findings and declarations, to authorize an increase in the fees for certified copies of certain vital records, up to a maximum increase of $2. Existing law authorizes those boards of supervisors to make further increases in those fees each year, as specified. Existing law requires these fees to be allocated for purposes relating to domestic violence prevention, intervention, and prosecution. +This bill would, until January 1, 2021, provide the same authorization to increase fees for marriage licenses and certain vital records to the Sonoma County Board of Supervisors, and would require those fees to be allocated for purposes relating to domestic violence prevention, intervention, and prosecution. The bill would require the Sonoma County Board of Supervisors to submit to the Assembly and Senate Committees on Judiciary preliminary reports by July 1, 2019, and final reports by July 1, 2020, regarding the fee increase for marriage licenses, as specified. +This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sonoma. +Existing law provides for the California Marketing Act of 1937 governing the marketing of commodities in this state. Under the act, the Secretary of Food and Agriculture is authorized to issue marketing orders and enter into marketing agreements, as specified. Existing law requires, upon the issuance of any order that makes effective a marketing order or marketing agreement, or any suspension, amendment, or termination of a marketing order or marketing agreement, a notice of the issuance to be posted on a public bulletin board maintained by the secretary in his or her office. Existing law also requires the secretary to mail a copy of the notice to specified persons, including a person that files a written request for the notice, as specified. +This bill would require the secretary to also post the notice on the Department of Food and Agriculture’s Internet Web site and would additionally require the secretary to mail a copy of the notice to a person that files an electronic request for the notice. The bill would make various nonsubstantive changes.","An act to amend Section 59111 of the Food and Agricultural Code, relating to agriculture. +An act to add and repeal Section 26840.13 of the Government Code, to add and repeal Section 103628.2 of the Health and Safety Code, and to add and repeal Section 18309.6 of the Welfare and Institutions Code, relating to domestic violence." +212,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 49414 of the Education Code is amended to read: +49414. +(a) School districts, county offices of education, and charter schools shall provide emergency epinephrine auto-injectors to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. +(b) For purposes of this section, the following terms have the following meanings: +(1) “Anaphylaxis” means a potentially life-threatening hypersensitivity to a substance. +(A) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma. +(B) Causes of anaphylaxis may include, but are not +necessarily +limited to, an insect sting, food allergy, drug reaction, and exercise. +(2) “Authorizing physician and surgeon” may include, but is not +necessarily +limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director. +(3) “Epinephrine auto-injector” means a disposable drug delivery system with a spring-activated needle that is designed for emergency administration of epinephrine to provide rapid, convenient first aid for persons suffering a potentially fatal reaction to anaphylaxis. +(4) “Qualified supervisor of health” may include, but is not +necessarily +limited to, a school nurse. +(5) “Volunteer” or “trained personnel” means an employee who has volunteered to administer epinephrine auto-injectors to a person if the person is suffering, or reasonably believed to be suffering, from anaphylaxis, has been designated by a school, and has received training pursuant to subdivision (d). +(c) Each private elementary and secondary school in the state may voluntarily determine whether or not to make emergency epinephrine auto-injectors and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to epinephrine auto-injectors and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision. +(d) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of an epinephrine auto-injector from the school nurse or other qualified person designated by an authorizing physician and surgeon. +(e) (1) Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of epinephrine auto-injectors that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering epinephrine auto-injectors and administering medication in a school environment, including, but not limited to, the State Department of Public Health, the Emergency Medical Services Authority, the American Academy of Allergy, Asthma and Immunology, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, Food Allergy Research and Education, the California Society of Allergy, Asthma and Immunology, the American College of Allergy, Asthma and Immunology, the Stanford Allergy Center, and others. +(2) Training established pursuant to this subdivision shall include all of the following: +(A) Techniques for recognizing symptoms of anaphylaxis. +(B) Standards and procedures for the storage, restocking, and emergency use of epinephrine auto-injectors. +(C) Emergency followup procedures, including calling the emergency 911 telephone number and contacting, if possible, the pupil’s parent and physician. +(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation. +(E) Instruction on how to determine whether to use an adult epinephrine auto-injector or a junior epinephrine auto-injector, which shall include consideration of a pupil’s grade level or age as a guideline of equivalency for the appropriate pupil weight determination. +(F) Written materials covering the information required under this subdivision. +(3) Training established pursuant to this subdivision shall be consistent with the most recent Voluntary Guidelines for Managing Food Allergies In Schools and Early Care and Education Programs published by the federal Centers for Disease Control and Prevention and the most recent guidelines for medication administration issued by the department. +(4) A school shall retain for reference the written materials prepared under subparagraph (F) of paragraph (2). +(f) A school district, county office of education, or charter school shall distribute a notice at least once per school year to all staff that contains the following information: +(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer an epinephrine auto-injector to a person if the person is suffering, or reasonably believed to be suffering, from anaphylaxis, as specified in subdivision (b). +(2) A description of the training that the volunteer will receive pursuant to subdivision (d). +(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school shall obtain from an authorizing physician and surgeon a prescription for each school for epinephrine auto-injectors that, at a minimum, includes, for elementary schools, one regular epinephrine auto-injector and one junior epinephrine auto-injector, and for junior high schools, middle schools, and high schools, if there are no pupils who require a junior epinephrine auto-injector, one regular epinephrine auto-injector. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the epinephrine auto-injector and restocking it if it is used. +(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1). +(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or epinephrine auto-injector manufacturers. +(h) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer an epinephrine auto-injector to a person exhibiting potentially life-threatening symptoms of anaphylaxis at school or a school activity when a physician is not immediately available. If the epinephrine auto-injector is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Epinephrine auto-injectors shall be restocked before their expiration date. +(i) A volunteer shall initiate emergency medical services or other appropriate medical followup in accordance with the training materials retained pursuant to paragraph (4) of subdivision (e). +(j) A school district, county office of education, or charter school shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file. +(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out the provisions of this section, including, but not limited to, the acceptance of epinephrine auto-injectors from a manufacturer or wholesaler.","Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses and trained personnel who have volunteered, as specified, and would authorize school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. Existing law defines terms to be used for purposes of these provisions. +This bill would make nonsubstantive changes to these provisions.","An act to amend Section 49414 of the Education Code, relating to pupil health." +213,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 281 of the Public Utilities Code is amended to read: +281. +(a) The commission shall develop, implement, and administer the California Advanced Services Fund program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section. +(b) (1) The goal of the program is, no later than December 31, 2015, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households. +(2) In approving infrastructure projects, the commission shall give priority to projects that provide last-mile broadband access to households that are unserved by an existing facilities-based broadband provider. The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application. +(c) The commission shall establish the following accounts within the fund: +(1) The Broadband Infrastructure Grant Account. +(2) The Rural and Urban Regional Broadband Consortia Grant Account. +(3) The Broadband Infrastructure Revolving Loan Account. +(4) The Broadband Public Housing Account. +(d) (1) All moneys collected by the surcharge authorized by the commission pursuant to Decision 07-12-054 shall be transmitted to the commission pursuant to a schedule established by the commission. The commission shall transfer the moneys received to the Controller for deposit in the California Advanced Services Fund. Moneys collected on and after January 1, 2011, shall be deposited in the following amounts in the following accounts: +(A) One hundred ninety million dollars ($190,000,000) into the Broadband Infrastructure Grant Account. +(B) Fifteen million dollars ($15,000,000) into the Rural and Urban Regional Broadband Consortia Grant Account. +(C) Ten million dollars ($10,000,000) into the Broadband Infrastructure Revolving Loan Account. +(2) All interest earned on moneys in the fund shall be deposited in the fund. +(3) The commission shall not collect moneys, by imposing the surcharge described in paragraph (1) for deposit in the fund, in an amount that exceeds one hundred million dollars ($100,000,000) before January 1, 2011. On and after January 1, 2011, the commission may collect an additional sum not to exceed two hundred fifteen million dollars ($215,000,000), for a sum total of moneys collected by imposing the surcharge described in paragraph (1) not to exceed three hundred fifteen million dollars ($315,000,000). The commission may collect the additional sum beginning with the calendar year starting on January 1, 2011, and continuing through the 2020 calendar year, in an amount not to exceed twenty-five million dollars ($25,000,000) per year, unless the commission determines that collecting a higher amount in any year will not result in an increase in the total amount of all surcharges collected from telephone customers that year. +(e) (1) All moneys in the California Advanced Services Fund shall be available, upon appropriation by the Legislature, to the commission for the program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund. +(2) Notwithstanding any other law and for the sole purpose of providing matching funds pursuant to the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), any entity eligible for funding pursuant to that act shall be eligible to apply to participate in the program administered by the commission pursuant to this section, if that entity otherwise satisfies the eligibility requirements under that program. Nothing in this section shall impede the ability of an incumbent local exchange carrier, as defined by subsection (h) of Section 251 of Title 47 of the United States Code, that is regulated under a rate of return regulatory structure, to recover, in rate base, California infrastructure investment not provided through federal or state grant funds for facilities that provide broadband service and California intrastate voice service. +(3) Notwithstanding subdivision (b) of Section 270, an entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved or underserved household, as defined in commission Decision 12-02-015, if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission. These requirements shall include all of the following: +(A) That projects under this paragraph provide last-mile broadband access to households that are unserved by an existing facilities-based broadband provider and only receive funding to provide broadband access to households that are unserved or underserved, as defined in commission Decision 12-02-015. +(B) That funding for a project providing broadband access to an underserved household shall not be approved until after any existing facilities-based provider has an opportunity to demonstrate to the commission that it will, within a reasonable timeframe, upgrade existing service. An existing facilities-based provider may, but is not required to, apply for funding under this section to make that upgrade. +(C) That the commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application. +(D) That a local governmental agency may be eligible for an infrastructure grant only if the infrastructure project is for an unserved household or business, the commission has conducted an open application process, and no other eligible entity applied. +(E) That the commission shall establish a service list of interested parties to be notified of California Advanced Services Fund applications. +(f) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to fund the cost of broadband deployment activities other than the capital cost of facilities, as specified by the commission. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, business, workforce organizations, and air pollution control or air quality management districts, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity. +(g) Moneys in the Broadband Infrastructure Revolving Loan Account shall be available to finance capital costs of broadband facilities not funded by a grant from the Broadband Infrastructure Grant Account. The commission shall periodically set interest rates on the loans based on surveys of existing financial markets. +(h) (1) For purposes of this subdivision, the following terms have the following meanings: +(A) “Publicly subsidized” means either that the housing development receives financial assistance from the United States Department of Housing and Urban Development pursuant to an annual contribution contract or is financed with low-income housing tax credits, tax-exempt mortgage revenue bonds, general obligation bonds, or local, state, or federal loans or grants and the rents of the occupants, who are lower income households, do not exceed those prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance. +(B) “Publicly supported community” means a publicly subsidized multifamily housing development that is wholly owned by either of the following: +(i) A public housing agency that has been chartered by the state, or by any city or county in the state, and has been determined to be an eligible public housing agency by the United States Department of Housing and Urban Development. +(ii) An incorporated nonprofit organization as described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) that is exempt from taxation under Section 501(a) of that code (26 U.S.C. Sec. 501(a)), and that has received public funding to subsidize the construction or maintenance of housing occupied by residents whose annual income qualifies as “low” or “very low” income according to federal poverty guidelines. +(2) Notwithstanding subdivision (b) of Section 270, moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to an eligible publicly supported community if that entity otherwise meets eligibility requirements and complies with program requirements established by the commission. +(3) (A) Not more than twenty million dollars ($20,000,000) shall be available for grants and loans to a publicly supported community to finance a project to connect a broadband network to that publicly supported community. A publicly supported community may be an eligible applicant only if the publicly supported community can verify to the commission that the publicly supported community has not denied a right of access to any broadband provider that is willing to connect a broadband network to the facility for which the grant or loan is sought and the publically supported community is unserved. +(B) (i) In its review of applications received pursuant to subparagraph (A), the commission shall award grants only to unserved housing developments. +(ii) For purposes of this subparagraph, a housing development is unserved when at least one housing unit within the housing development is not offered broadband Internet service. +(4) (A) Not more than five million dollars ($5,000,000) shall be available for grants and loans to a publicly supported community to support programs designed to increase adoption rates for broadband services for residents of that publicly supported community. A publicly supported community may be eligible for funding for a broadband adoption program only if the residential units in the facility to be served have access to broadband services or will have access to broadband services at the time the funding for adoption is implemented. +(B) A publicly supported community may contract with other nonprofit or public agencies to assist in implementation of a broadband adoption program. +(5) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of publicly supported communities. +(6) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source. +(7) (A) To provide funding for the purposes of this subdivision, the commission shall transfer to the Broadband Public Housing Account twenty million dollars ($20,000,000) from the Broadband Infrastructure Grant Account and five million dollars ($5,000,000) from the Broadband Infrastructure Revolving Loan Account. Any moneys in the Broadband Public Housing Account that have not been awarded pursuant to this subdivision by December 31, 2020, shall be transferred back to the Broadband Infrastructure Grant Account and Broadband Infrastructure Revolving Loan Account in proportion to the amount transferred from the respective accounts. +(B) The commission shall transfer funds pursuant to subparagraph (A) only if the commission is otherwise authorized to collect funds for purposes of this section in excess of the total amount authorized pursuant to paragraph (3) of subdivision (d). +SEC. 2. +Section 914.7 of the Public Utilities Code is amended to read: +914.7. +(a) By April 1 of each year, the commission shall provide a report to the Legislature that includes all of the following information: +(1) The amount of funds expended from the California Advanced Services Fund in the prior year. +(2) The recipients of funds expended from the California Advanced Services Fund in the prior year. +(3) The geographic regions of the state affected by funds expended from the California Advanced Services Fund in the prior year, including information by county. +(4) The expected benefits to be derived from the funds expended from the California Advanced Services Fund in the prior year. +(5) Details on the status of each project funded through the California Advanced Services Fund, whether the project has been completed, and, if applicable, the expected completion date of the project. +(6) Actual broadband adoption levels from the funds expended from the California Advanced Services Fund in the prior year. +(7) The amount of funds expended from the California Advanced Services Fund used to match federal funds. +(8) Additional details on efforts to leverage non-California Advanced Services Fund funds. +(9) An update on the expenditures from the California Advanced Services Fund and broadband adoption levels, and an accounting of remaining unserved and underserved households and areas of the state. +(10) The status of the California Advanced Services Fund balance and the projected amount to be collected in each year through 2020 to fund approved projects. +(b) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2022.","Existing law, the federal Telecommunications Act of 1996, establishes a program of cooperative federalism for the regulation of telecommunications to attain the goal of local competition, while implementing specific, predictable, and sufficient federal and state mechanisms to preserve and advance universal service, consistent with certain universal service principles. The universal service principles include the principle that consumers in all regions of the nation, including low-income consumers and those in rural, insular, and high-cost areas, should have access to telecommunications and information services, including interexchange services and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas. The act authorizes each state to adopt regulations to provide for additional definitions and standards to preserve and advance universal service within the state, only to the extent that they adopt additional specific, predictable, and sufficient mechanisms that do not rely on or burden federal universal service support mechanisms. +Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations, as defined. Existing law establishes the California Advanced Services Fund, referred to as the CASF, in the State Treasury. Existing law requires the commission to develop, implement, and administer the CASF to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, as provided in specified decisions of the commission and in the CASF statute. +Existing law establishes the Rural and Urban Regional Broadband Consortia Grant Account within the CASF. Existing law provides that moneys in the Rural and Urban Regional Broadband Consortia Grant Account are available for grants to eligible consortia to fund the cost of broadband deployment activities other than the capital cost of facilities, as specified by the commission, and provides that an eligible consortium may include representatives of organizations, including local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, and business. +This bill would specifically include representatives of workforce organizations and air pollution control or air quality management districts amongst the persons that can be included in an eligible consortium. +Existing law establishes the Broadband Public Housing Account within the CASF. Existing law provides that moneys in that account are available for, among other things, grants and loans to publicly supported communities to finance projects to connect to broadband networks. +This bill would require the commission, in its review of applications for grants and loans for this purpose, to prioritize unserved housing developments, as defined. +Existing law transferred moneys from other accounts within the CASF to the Broadband Public Housing Account for various specified purposes and provided that those transferred moneys not awarded by December 31, 2016, would be returned to the accounts from which they were transferred. +This bill would postpone the return of those moneys until December 31, 2020. By authorizing the granting of moneys remaining in the Broadband Public Housing Account until that date, this bill would make an appropriation. +Existing law requires the commission to annually report to the Legislature on the expenditures of CASF funds, as specified, including the geographic regions of the state affected by those expenditures in the prior year. +This bill would require the commission’s report to the Legislature to include that information by county, details on efforts to leverage non-CASF funds, the status of each project funded through the CASF, whether the project has been completed, and, if applicable, the expected completion date of the project.","An act to amend Sections 281 and 914.7 of the Public Utilities Code, relating to telecommunications, and making an appropriation therefor." +214,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1726 of the Health and Safety Code is amended to read: +1726. +(a) +No +A +private or public organization, including, but not limited to, any partnership, corporation, political subdivision of the state, or other governmental agency within the state, shall +not +provide, or arrange for the provision of, skilled nursing services in the home in this state without first obtaining a home health agency license. +(b) +No +A +private or public organization, including, but not limited to, any partnership, corporation, or political subdivision of the state, or other governmental agency within the state, shall +not +do any of the following unless it is licensed under this chapter: +(1) Represent itself to be a home health agency by its name or advertisement, soliciting, or any other presentments to the public, or in the context of services within the scope of this chapter imply that it is licensed to provide those services or to make any reference to employee bonding in relation to those services. +(2) Use the words “home health agency,” “home health,” “home-health,” “homehealth,” or “in-home health,” or any combination of those terms, within its name. +(3) Use the words “skilled” or “nursing,” or any combination of those terms within its name, to imply that it is licensed as a home health agency to provide those services. +(c) In implementing the system of licensing for home health agencies, the department shall distinguish between the functions of a home health agency and the functions of an employment agency or a licensed nurses’ registry pursuant to Title 2.91 (commencing with Section 1812.500) of Part 4 of Division 3 of the Civil Code. An employment agency or a licensed nurses’ registry performing its functions as specified in Title 2.91 (commencing with Section 1812.500) of Part 4 of Division 3 of the Civil Code is not required to secure a home health agency license under subdivision (a), unless it is performing the functions of a home health agency, as defined in this chapter. However, subdivision (b) shall apply to an employment agency or a licensed nurses’ registry that is not licensed under this chapter. +(d) A +hospice +home health agency +is not required to secure a +home health agency license under subdivision (a). However, subdivision (b) shall apply to a hospice that is not licensed under this chapter. +hospice license pursuant to Section 1747 in order to become certified to provide hospice care. +SEC. 2. +Section 1747 of the Health and Safety Code is amended to read: +1747. +(a) +No +A +person, political subdivision of the state, or other governmental +agency, that is not operating a hospice as of January 1, 1991, +agency +shall +not +establish or operate a hospice without first obtaining a license under this +chapter. +chapter, unless it is a licensed home health agency that is exempt pursuant to Section 1747.1. +(b) Any person, political subdivision of the state, or other governmental agency, that is operating a hospice as of January 1, 1991, may continue to operate the hospice only under the following conditions: +(1) The person, political subdivision of the state, or other governmental agency shall apply to the state department for a license under this chapter within 60 days after forms for the application of licensure under this chapter are available from the state department. +(2) The person, political subdivision of the state, or other governmental agency shall cease calling or referring to itself as a hospice upon the final decision of the director upholding the state department’s denial of an application for licensure under this chapter. +(c) Nothing in this chapter shall preclude the ongoing use of the title “volunteer hospice” by those organizations that satisfy all of the following: +(1) They do not provide skilled nursing services. +(2) They do not charge patients or families for hospice services, and they do not receive third-party insurance payments for services rendered. +(3) They satisfy the disclosure requirements specified in subdivision (c) of Section 1748. +(d) A small and rural hospice is exempt from the licensing provisions of this chapter and the disclosure requirements of subdivision (c) of Section 1748. A small and rural hospice may provide skilled nursing services and may use the title “volunteer hospice.” +For +(e) For +purposes of this chapter, a “small and rural hospice” means a hospice that provides services to less than 50 patients per year, does not charge for services, does not receive third-party payment for services rendered, and is not located in a standard metropolitan statistical area. +SEC. 3. +Section 1747.1 of the Health and Safety Code is repealed. +1747.1. +A hospice program certified in accordance with federal Medicare hospice conditions of participation shall be exempt from subdivision (a) of Section 1747, but shall be subject to Section 1726 unless it elects to apply for hospice licensure. A hospice program that elects to apply for hospice licensure shall thereafter be subject to all the hospice licensure requirements set forth in this chapter. +SEC. 4. +Section 1747.1 is added to the Health and Safety Code, to read: +1747.1. +A home health agency licensed pursuant to Section 1726 is exempt from the requirement to obtain a license pursuant to Section 1747 if the hospice program is certified in accordance with federal Medicare hospice conditions of participation. A home health agency may provide hospice care if the agency is in the process of obtaining that certification. The hospice certification process shall commence no later than the commencement of the process for recertification as a home health agency, unless the home health agency is otherwise exempt from the hospice certification process. +SEC. 5. +Section 1748 of the Health and Safety Code is amended to read: +1748. +(a) Except as otherwise provided in subdivision +(b) +(a), (b), +or (d) of Section 1747, +no +a +person, political subdivision of the state, or other governmental agency shall +not +establish, conduct, maintain, or represent itself as a hospice unless a license has been issued under this chapter. Multiple locations need not obtain a separate license. Multiple locations shall be listed on the license of the parent agency and each shall pay a licensing fee in the amount prescribed by subdivision (a) of Section 1750. +(b) Any person, political subdivision of the state, or other governmental agency desiring a license to establish a hospice shall file with the state department a verified application on a form prescribed and furnished by the state department which contains any information as may be required by the state department for the proper administration and enforcement of this chapter. +(c) Any hospice that is not required to obtain a license under this chapter shall disclose in all advertisements and information provided to the public all of the following information: +(1) It is not required to be licensed and is not regulated by the state department. +(2) Any complaint against the hospice should be directed to the local district attorney and the state department. +(3) Any complaint against personnel licensed by a board or committee within the Department of Consumer Affairs and employed by the hospice should be directed to the respective board or committee. Any complaint against a certified home health aide or certified nurse assistant shall be directed to the state department. +The address and phone number of any state agency, board, or committee which is responsible for addressing complaints shall be provided by the hospice, upon request, to any patient of the hospice. +SECTION 1. +Section 1596.65 of the +Health and Safety Code +is amended to read: +1596.65. +(a) An employment agency, as defined in Section 1812.501 of the Civil Code, that refers a child care provider to parents or guardians who are not required to be a licensed child day care facility shall not make a placement of a child care provider who is not a trustline applicant or a registered child care provider. +(b) A violation of this section is a misdemeanor and shall be punishable by a fine of one hundred dollars ($100).","Existing law provides for the licensure and regulation of home health agencies by the State Department of Public Health. Existing law requires all private or public organizations that provide or arrange for skilled nursing services to patients in the home to obtain a home health agency license. +Existing law, the California Hospice Licensure Act of 1990 (the act), provides for the licensure and regulation by the State Department of Public Health of persons or agencies that provide hospice services to persons, and the families of persons, who are experiencing the last phases of life due to a terminal disease. The act prohibits a person, political subdivision of the state, or other governmental agency from establishing or operating a hospice without first obtaining a license. Existing federal law also provides for the certification of hospice care for purposes of Medicare reimbursement. Existing law exempts a hospice program certified in accordance with federal Medicare hospice conditions of participation from the requirement to obtain a license pursuant to the act, but provides that the program is subject to home health agency licensure unless it elects to apply for hospice licensure. +This bill instead would exempt a licensed home health agency from the requirement to obtain a license to provide hospice services if the hospice program is certified in accordance with federal Medicare hospice conditions of participation or is in the process of obtaining that certification. The bill would also make conforming changes. +Existing law requires the State Department of Social Services to establish a trustline registry for trustline providers who meet prescribed requirements. Existing law defines a trustline provider as a person 18 years of age or older who provides child care, supervision, or in-home educational or counseling services, and who is not required to be licensed as a child day care facility. Existing law prohibits an employment agency from making a referral of a child care provider unless the child care provider is a trustline applicant or registered child care provider. +This bill would make a technical, nonsubstantive change to a provision related to the trustline registry.","An act to amend +Section 1596.65 of the Health and Safety Code, relating to child care. +Sections 1726, 1747, and 1748 of, and to repeal and add Section 1747.1 of, the Health and Safety Code, relating to home health agencies." +215,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 146e of the Penal Code is amended to read: +146e. +(a) Every person who maliciously, and with the intent to obstruct justice or the due administration of the laws, or with the intent or threat to inflict imminent physical harm in retaliation for the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address or telephone number of any peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or that of the spouse or children of these persons who reside with them, while designating the peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or relative of these persons as such, without the authorization of the employing agency, shall be punished by imprisonment +in a county jail not to exceed one year or +pursuant to subdivision (h) of Section 1170. +(b) A violation of subdivision (a) with regard to any peace officer, employee of a city police department or county sheriff’s office, or public safety official, or the spouse or children of these persons, that results in bodily injury to the peace officer, employee of the city police department or county sheriff’s office, or public safety official, or the spouse or children of these persons, is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170. +(c) For purposes of this section, “public safety official” is defined in Section 6254.24 of the Government Code. +SEC. 2. +Section 148 of the Penal Code is amended to read: +148. +(a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. +(2) Except as provided by subdivision (d) of Section 653t, every person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a public safety radio frequency shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. +(b) Every person who, during the commission of any offense described in subdivision (a), removes or takes any weapon, other than a firearm, from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. +(c) Every person who, during the commission of any offense described in subdivision (a), removes or takes a firearm from the person of, or immediate presence of, a public officer or peace officer +shall be punished +is guilty of a felony punishable +by imprisonment in state prison. +(d) Except as provided in subdivision (c) and notwithstanding subdivision (a) of Section 489, every person who removes or takes without intent to permanently deprive, or who attempts to remove or take a firearm from the person of, or immediate presence of, a public officer or peace officer, while the officer is engaged in the performance of his or her lawful duties, shall be punished by imprisonment +in a county jail not to exceed one year or +pursuant to subdivision (h) of Section 1170. +In order to prove a violation of this subdivision, the prosecution shall establish that the defendant had the specific intent to remove or take the firearm by demonstrating that any of the following direct, but ineffectual, acts occurred: +(1) The officer’s holster strap was unfastened by the defendant. +(2) The firearm was partially removed from the officer’s holster by the defendant. +(3) The firearm safety was released by the defendant. +(4) An independent witness corroborates that the defendant stated that he or she intended to remove the firearm and the defendant actually touched the firearm. +(5) An independent witness corroborates that the defendant actually had his or her hand on the firearm and tried to take the firearm away from the officer who was holding it. +(6) The defendant’s fingerprint was found on the firearm or holster. +(7) Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm. +(8) In the course of any struggle, the officer’s firearm fell and the defendant attempted to pick it up. +(e) A person shall not be convicted of a violation of subdivision (a) in addition to a conviction of a violation of subdivision (b), (c), or (d) when the resistance, delay, or obstruction, and the removal or taking of the weapon or firearm or attempt thereof, was committed against the same public officer, peace officer, or emergency medical technician. A person may be convicted of multiple violations of this section if more than one public officer, peace officer, or emergency medical technician are victims. +(f) This section shall not apply if the public officer, peace officer, or emergency medical technician is disarmed while engaged in a criminal act. +SEC. 3. +Section 243 of the +Penal Code +is amended to read: +243. +(a)A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. +(b)When a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. +(c)(1)When a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, and an injury is inflicted on that victim, the battery is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years. +(2)When the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment. +(d)When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. +(e)(1)When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer’s treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution. +(2)Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements: +(A)That the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollars ($5,000). +(B)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. +For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. +(3)Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision and sentenced under paragraph (1), the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence. +(4)The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display society’s condemnation for these crimes of violence upon victims with whom a close relationship has been formed. +(5)If a peace officer makes an arrest for a violation of paragraph (1) of subdivision (e) of this section, the peace officer is not required to inform the victim of his or her right to make a citizen’s arrest pursuant to subdivision (b) of Section 836. +(f)As used in this section: +(1)“Peace officer” means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. +(2)“Emergency medical technician” means a person who is either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid certificate or license in accordance with the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code. +(3)“Nurse” means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code. +(4)“Serious bodily injury” means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement. +(5)“Injury” means any physical injury which requires professional medical treatment. +(6)“Custodial officer” means any person who has the responsibilities and duties described in Section 831 and who is employed by a law enforcement agency of any city or county or who performs those duties as a volunteer. +(7)“Lifeguard” means a person defined in paragraph (5) of subdivision (d) of Section 241. +(8)“Traffic officer” means any person employed by a city, county, or city and county to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles. +(9)“Animal control officer” means any person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations. +(10)“Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations. +(11)(A)“Code enforcement officer” means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints. +(B)“Code enforcement officer” also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). +(12)“Custody assistant” means any person who has the responsibilities and duties described in Section 831.7 and who is employed by a law enforcement agency of any city, county, or city and county. +(13)“Search and rescue member” means any person who is part of an organized search and rescue team managed by a government agency. +(14)“Security officer” means any person who has the responsibilities and duties described in Section 831.4 and who is employed by a law enforcement agency of any city, county, or city and county. +(g)It is the intent of the Legislature by amendments to this section at the 1981–82 and 1983–84 Regular Sessions to abrogate the holdings in cases such as People v. Corey, 21 Cal. 3d 738, and Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, while wearing a police uniform as private security guards or patrolmen and to allow the exercise of peace officer powers concurrently with that employment. +SEC. 4. +Section 243.1 of the +Penal Code +is amended to read: +243.1. +When a battery is committed against the person of a custodial officer as defined in Section 831 of the Penal Code, and the person committing the offense knows or reasonably should know that the victim is a custodial officer engaged in the performance of his or her duties, and the custodial officer is engaged in the performance of his or her duties, the offense shall be punished by imprisonment in state prison. +SEC. 3. +Section 244.5 of the Penal Code is amended to read: +244.5. +(a) As used in this section, “stun gun” means any item, except a less lethal weapon, as defined in Section 16780, used or intended to be used as either an offensive or defensive weapon that is capable of temporarily immobilizing a person by the infliction of an electrical charge. +(b) Every person who commits an assault upon the person of another with a stun gun or less lethal weapon, as defined in Section 16780, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years. +(c) Every person who commits an assault upon the person of a peace officer or firefighter with a stun gun or less lethal weapon, as defined in Section 16780, who knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by +imprisonment in the county jail for a term not exceeding one year, or by +imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. +(d) This section shall not be construed to preclude or in any way limit the applicability of Section 245 in any criminal prosecution. +SEC. 5. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law makes it a crime to violate various provisions prohibiting certain actions against a peace officer or his or her family, other first responders, or public officials, including, but not limited to, removing an officer’s firearm while resisting +arrest and committing a battery against a peace officer or other medical personnel engaged in the performance of his or her duties. +arrest, maliciously disclosing specified personal information about the officer with the intent to obstruct justice or the due administration of the laws, and using a stun gun against a peace officer or firefighter. +Existing law generally makes the violation of these provisions misdemeanors or felonies punishable in a county jail, as specified, or both a misdemeanor or a felony, commonly referred to as a wobbler. +This bill would revise these provisions to make all of the misdemeanors +or +instead punishable as wobblers, the +wobblers instead punishable as felonies in county +jail +jail, as specified, +and make all of the felonies punishable in county jail instead punishable in state prison, as specified. +By increasing the punishment for a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 146e, 148, +243, and 243.1 +and 244.5 +of the Penal Code, relating to crimes." +216,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 1.5 (commencing with Section 6033) is added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read: +Article 1.5. Criminal Justice Reinvestment Assessment Grant Program of 2015 +6033. +This article shall be known, and may be cited, as the Criminal Justice Reinvestment Assessment Grant Program of 2015. +6033.2. +The Legislature finds and declares all of the following: +(a) The Legislature is committed to reducing recidivism among criminal offenders, ensuring that local governments have adequate funding to achieve this goal, and facilitating the responsible implementation of the criminal justice policies contained in the 2011 Realignment Legislation addressing public safety. +(b) By enacting the 2011 Realignment Legislation addressing public safety, the Legislature affirmed its commitment to justice reinvestment and stated that the purpose of justice reinvestment is to manage criminal justice populations more cost effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable. +(c) The 2011 Realignment Legislation addressing public safety represents a significant shift of responsibilities. However, the quick and unanticipated nature of the passage of this legislation, in combination with broad county discretion in its implementation, offers a unique opportunity to identify best practices in community corrections and the impacts of correctional decentralization. +(d) The 2011 Realignment Legislation addressing public safety did not require counties to collect data on outcome measures, nor did it provide specific resources for data collection that if adequately funded and properly implemented would allow policymakers, researchers, stakeholders, and counties to take advantage of the historic opportunity to study and evaluate the changing felon population and the strategies and interventions that counties employ to reduce recidivism. +(e) The Bureau of State Audits’ September 2013 High Risk report identified the 2011 realignment of criminal justice responsibilities between the state and counties as a “high-risk” policy, citing a lack of “reliable and meaningful realignment data to ensure [the state’s] ability to effectively monitor progress toward achieving intended realignment goals.” +6033.4. +(a) The Criminal Justice Reinvestment Assessment Grant Program of 2015, which is hereby established, shall be administered by the Board of State and Community Corrections for the purpose of establishing and implementing reporting systems to identify and expand programs that provide proven, evidence-based, local programming opportunities for the successful reintegration of offenders into society. The board shall award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. +(b) For purposes of this article, “board” means the Board of State and Community Corrections. +6033.6. +(a) On or before June 1, 2015, each local community corrections partnership established pursuant to Section 1230 shall report to the board on the county’s capacity to collect and report the data required by Sections 6033.10 and 6033.12. The report shall include a local plan that identifies the additional resources necessary for that county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. +(b) The board shall review each assessment submitted pursuant to subdivision (a) and shall prioritize and award grants pursuant to Section 6033.8. Funding shall be used to supplement, rather than supplant, existing programs. Grant funds shall be used for programs that are identified in the local plan submitted pursuant to subdivision (a). +(c) The board shall submit to the Legislature on or before June 15, 2015, a report detailing the estimated need, cost, and schedule for each county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. The report shall be submitted in compliance with Section 9795 of the Government Code. +6033.8. +(a) The board shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following: +(1) Size of the county. +(2) Demonstrated efforts to report data prior to January 1, 2017. +(3) Demonstrated ability to report data prior to January 1, 2017. +(b) The board shall give preference to counties that have demonstrated efforts to independently collect data on a countywide basis. +6033.10. +(a) On or before January 1, 2016, and annually each year thereafter, each county shall report specified data to the board in a format prescribed by the board. The board shall specify and define minimum required reporting which shall include, but not be limited to, the following for each individual sentenced pursuant to subdivision (h) of Section 1170: +(1) Individual identifiers. +(2) County identifiers. +(3) Date of birth. +(4) Gender. +(5) Race or ethnicity. +(6) Age at first arrest. +(7) Conviction offense. +(8) Sanction or sentence received. +(9) Total jail time served. +(10) Release status. +(11) Violations of probation. +(12) Rearrests. +(13) Reconvictions. +(14) Any other return to custody. +(15) Use of flash incarceration. +(16) Assessed risk level. +(17) Participation in pretrial programs. +(18) Participation in specialty court. +(19) Participation in day reporting release programs. +(20) Participation in electronic monitoring programs. +(21) Participation in community service release programs. +(22) Participation in work release programs. +(23) Participation in intensive probation supervision. +(24) Needs assessment. +(25) Any reentry programming provided. +(26) Participation in cognitive behavioral therapy. +(27) Participation in mental health treatment. +(28) Participation in substance abuse treatment. +(29) Participation in gender-specific programming. +(30) Participation in family programming. +(31) Any health care assistance provided. +(32) Any housing assistance provided. +(33) Any income support provided. +(34) Any employment assistance provided. +(35) Any vocational training assistance provided. +(36) Any educational enrollment assistance provided. +(37) Any mentoring programming provided. +(38) Any peer support programming provided. +(b) The board shall compile the local reports and, by May 15, 2016, and, notwithstanding Section 10231.5 of the Government Code, by May 15 of each year thereafter, make a report to the Governor and the Legislature that summarizes the data reported by the counties pursuant to subdivision (a). The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. +6033.12. +(a) On or before January 1, 2016, and annually each year thereafter, each county shall provide specified data to the board in a format prescribed by the board. The board shall specify and define minimum required reporting which shall include, but not be limited to, the following for each individual supervised pursuant to Section 3451: +(1) Violations of postrelease community supervision. +(2) Rearrests. +(3) Reconvictions. +(4) Any other return to custody. +(5) Use of flash incarceration. +(6) Participation in intensive probation supervision. +(7) Any reentry programming provided. +(8) Participation in cognitive behavioral therapy and whether the individual has completed or failed to complete the therapy’s requirements. +(9) Participation in mental health treatment and whether the individual has completed or failed to complete the treatment’s requirements. +(10) Participation in substance abuse treatment and whether the individual has completed or failed to complete the treatment’s requirements. +(11) Participation in gender-specific programming. +(12) Participation in family programming. +(13) Any health care assistance provided. +(14) Any housing assistance provided. +(15) Any income support provided. +(16) Any employment assistance provided. +(17) Any vocational training assistance provided. +(18) Any educational enrollment assistance provided. +(19) Any mentoring programming provided. +(20) Any peer support programming provided. +(b) The board shall compile the local reports and, by May 15, 2016, and, notwithstanding Section 10231.5 of the Government Code, by May 15 of each year thereafter, make a report to the Governor and the Legislature that summarizes the data reported by the counties pursuant to subdivision (a). The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. +6033.14. +(a) The amount of ____ dollars ($____) is hereby appropriated from the General Fund to the board for the 2015−16 fiscal year for the purpose of implementing this article. +(b) The board may award up to the amount of the appropriation, less the board’s administrative costs, not to exceed 5 percent of the total grant funding awarded statewide, as individual grants not exceeding ____to counties to assist in establishing data reporting systems that will allow a county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to ensure that relevant data pertaining to the 2011 Realignment Legislation addressing public safety are collected and reported as soon as possible to allow stakeholders to measure the effectiveness of this landmark change in public safety policy, it is necessary that this bill go into immediate effect.","Existing law requires the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, as specified. Existing law requires the board, in consultation with certain individuals, including a county supervisor or county administrative officer, a county sheriff, and the Secretary of the Department of Corrections and Rehabilitation, to develop definitions of specified key terms in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based programs. +This bill would enact the Criminal Justice Reinvestment Assessment Grant Program of 2015. The bill would require the grant program to be administered by the Board of State and Community Corrections for the purpose of establishing and implementing reporting systems to identify and expand programs that provide proven, evidence-based, local programming opportunities for the successful reintegration of offenders into society. +The bill would authorize the board to award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report specified criminal justice information. The bill would require each local community corrections partnership, on or before June 1, 2015, to report to the board on the county’s capacity to collect and report the data required. The bill requires the board to review each assessment and to prioritize and award grants to the counties. +The bill would require each county to report specified data to the board, on or before January 1, 2016, and annually thereafter, pertaining to offenders sentenced as felons to serve in local correctional facilities and felons released from prison to community supervision. The bill would require the board to summarize these data and report the summaries to the Governor and the Legislature, on or before May 15, 2016, and annually thereafter. +By imposing data collection and reporting duties on local governments, this bill would impose a state-mandated local program. +The bill would appropriate an undetermined sum to the board for purposes of funding the grants. The bill would state findings and declarations of the Legislature regarding criminal justice realignment. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +The bill would declare that it is to take effect immediately as an urgency statute.","An act to add Article 1.5 (commencing with Section 6033) to Chapter 5 of Title 7 of Part 3 of the Penal Code, relating to corrections, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately." +217,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 13 (commencing with Section 79799) is added to Division 26.7 of the Water Code, to read: +CHAPTER 13. Miscellaneous +79799. +(a) (1) It is the intent of the Legislature to provide additional funding opportunities, in a more consolidated manner, to address watershed-related infrastructure challenges in California’s most disadvantaged communities and promote projects that provide cobenefits that address physical blight and deficiencies. +(2) It is further the intent of the Legislature to fund urban greening projects independent of other programs. +(b) For purposes of this section, the following terms mean the following: +(1) “Disadvantaged community” means a community identified as a disadvantaged community pursuant to Section 39711 of the Health and Safety Code with significant population densities, significant concentrations of industrial facilities, and trade corridor activity. +(2) “Distressed watershed” means a watershed with blighted or contaminated properties located in incorporated or unincorporated areas. +(c) A public agency receiving an appropriation from moneys made available pursuant to subdivision (a) of t>Disadvantaged Community Enhancement +1. +General Provisions and Definitions +75500. +This division shall be known, and may be cited as, the Disadvantaged Community Enhancement Act of 2015. +75501. +It is the intent of the Legislature, in enacting this division, to provide additional funding opportunities to address infrastructure challenges in California’s most disadvantaged communities and promote projects that provide for cobenefits that address physical blight and deficiencies. +75502. +For purposes of this division, the following terms mean the following: +(a)“Active transportation program” means the program established pursuant to Section 2380 of the Streets and Highway Code. +(b)“Council” means the Strategic Growth Council established pursuant to Section 75121. +(c)“Disadvantaged community” means a community identified as a disadvantaged community pursuant to Section 39711 of the Health and Safety Code. +(d)“Eligible applicant” means a city, county, city and county, special district, Native American tribe, state conservancy, or a qualified nonprofit organization. +(e)“Program” means the Disadvantaged Community Enhancement Program established pursuant to Section 75510. +2. +Disadvantaged Community Enhancement Program +75510. +The council shall develop and implement the Disadvantaged Community Enhancement Program to award grants to disadvantaged communities to facilitate projects for community enhancement improvements that provide to disadvantaged communities multiple environmental benefits. +75511. +Eligible community enhancement improvements include, but are not limited to, any of the following: +(a)Land acquisitions in urban settings of blighted or contaminated properties serving little sequestration benefit for greenspace conversion. +(b)Urban greening projects including urban forestry and landscaping. +(c)Park development and land protection for passive or active recreation. +(d)Hardscape conversions and repurposing of lands to serve greenspace benefits. +(e)Nonmotorized trail and other active transportation projects. +(f)Heat island mitigation. +(g)Planning of a sustainable community. +75512. +(a)The council shall award grants to eligible applicants through a competitive process. In prioritizing the award, the council shall consider both of the following: +(1)Factors of the community benefiting from the award, including all of the following: +(A)The poverty rate. +(B)The unemployment rate. +(C)The childhood obesity rate and incidents of asthma. +(D)The availability of greenspace and venues for physical activity. +(E)The lack of nonmotorized infrastructure supporting an active transportation program. +(F)The levels of air pollution. +(G)The drinking water quality. +(H)The groundwater quality, if applicable. +(2)The environmental benefits resulting from the project, including, but not limited to, the following: +(A)Water quality improvement. +(B)Groundwater, storage, recharge, or remediation. +(C)Storm water capture. +(b)The council shall give priority to eligible applicants and projects that are located wholly within distressed watershed areas with significant populations and heavy concentrations of industrial facilities and trade corridor activity. +75513. +(a)To receive a grant for a project pursuant to the program, an eligible applicant shall submit an application, as prescribed by the council, that contains information regarding the factors and environmental benefits described in Section 75512. +(b)In addition to subdivision (a), the applicant shall also include in the application the following information: +(1)A clear articulation on how the grant would be used to address the factors and provide the environmental benefits described in Section 75512. +(2)The leveraging of other sources of funds to facilitate and maximize the benefits from the proposed community enhancement improvements. +75514. +Awards made pursuant to this division shall not supplant other sources of funding designed to benefit disadvantaged communities.","The Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. Proposition 1 makes available $100,000,000 of the bond proceeds, upon appropriation by the Legislature, for projects to protect and enhance an urban creek and its tributaries that meets certain requirements. +This bill would require a public agency receiving an appropriation from the $100,000,000 to give priority to projects that are located in, or directly adjacent to, a disadvantaged community within a distressed watershed and that may also provide greenspace or other venues for physical activities. +Existing law establishes the Strategic Growth Council consisting of specified members and requires the council to, among other things, develop and administer the Affordable Housing and Sustainable Communities Program to reduce greenhouse gas emissions through projects that implement land use, housing, transportation, and agricultural land preservation practices to support infill and compact development and that support other related and coordinated public policy objectives. +This bill would require the council to develop and implement the Disadvantaged Community Enhancement Program to award grants to disadvantaged communities, as defined, to facilitate projects for community enhancement improvements that provide to eligible applicants multiple environmental benefits.","An act to add Division 45 (commencing with Section 75500) to the Public Resources Code, relating to disadvantaged communities. +An act to add Chapter 13 (commencing with Section 79799) to Division 26.7 of the Water Code, relating to water." +218,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 130350.5 of the Public Utilities Code is amended to read: +130350.5. +(a) In addition to any other tax that it is authorized by law to impose, the Los Angeles County Metropolitan Transportation Authority (MTA) may impose, in compliance with subdivision (b), a transactions and use tax at a rate of 0.5 percent that is applicable in the incorporated and unincorporated areas of the county. +(b) For purposes of the taxing authority set forth in subdivision (a), all of the following apply: +(1) The tax shall be proposed in a transactions and use tax ordinance, that conforms with Chapter 2 (commencing with Section 7261) to Chapter 4 (commencing with Section 7275), inclusive, of the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), and that is approved by a majority of the entire membership of the authority. +(2) The tax may be imposed only if the proposing ordinance is approved by two-thirds of the voters, in the manner as otherwise required by law, voting on this measure, in an election held on November 4, 2008, or at a subsequent election and, if so approved, shall become operative as provided in Section 130352. +(3) The proposing ordinance shall specify, in addition to the rate of tax and other matters as required by the Transactions and Use Tax Law, that the net revenues derived from the tax are to be administered by the MTA as provided in this section. Net revenues shall be defined as all revenues derived from the tax less any refunds, costs of administration by the State Board of Equalization, and costs of administration by the MTA. Such costs of administration by the MTA shall not exceed 1.5 percent of the revenues derived from the tax. The MTA shall, during the period in which the ordinance is operative, allocate 20 percent of all net revenues derived from the tax for bus operations to all eligible and included municipal transit operators in the County of Los Angeles and to the MTA, in accordance with Section 99285. However, the allocations to the MTA and eligible and included municipal operators shall be made solely from revenues derived from a tax imposed pursuant to this section, and not from local discretionary sources. Funds allocated by MTA to itself pursuant to this section shall be used for transit operations and shall not supplant funds from any other source allocated by MTA to itself for public transit operations. Funds allocated by MTA to the eligible and included municipal operators pursuant to this section shall be used for transit operations and shall not supplant any funds authorized by other provisions of law and allocated by MTA to the eligible and included municipal operators for public transit. In addition to this amount, the MTA shall allocate 5 percent of all net revenues derived from the tax, for rail operations. The MTA shall include the projects and programs described in subparagraphs (A) and (B) in the expenditure plan required under subdivision (f). The MTA shall include all projects and programs described in the expenditure plan required under subdivision (f) in its Long Range Transportation Plan (LRTP). The priorities for projects and programs described in subparagraphs (A) and (B) and in the expenditure plan required under subdivision (f) shall be those set forth in the expenditure plan. The funding amounts specified in subparagraphs (A) and (B) are minimum amounts that shall be allocated by the MTA from the net revenues derived from a tax imposed pursuant to this section. Nothing in this section prohibits the MTA from allocating additional net revenues derived from the tax to these projects and programs. +(A) Capital Projects. +(i) Exposition Boulevard Light Rail Transit Project from downtown Los Angeles to Santa Monica. The sum of nine hundred twenty-five million dollars ($925,000,000). +(ii) Crenshaw Transit Corridor from Wilshire Boulevard to Los Angeles International Airport along Crenshaw Boulevard. The sum of two hundred thirty-five million five hundred thousand dollars ($235,500,000). +(iii) San Fernando Valley North-South Rapidways. The sum of one hundred million five hundred thousand dollars ($100,500,000). +(iv) Metro Gold Line (Pasadena to Claremont) Light Rail Transit Extension. The sum of seven hundred thirty-five million dollars ($735,000,000). +(v) Metro Regional Connector. The sum of one hundred sixty million dollars ($160,000,000). +(vi) Metro Westside Subway Extension. The sum of nine hundred million dollars ($900,000,000). +(vii) State Highway Route 5 Carmenita Road Interchange Improvement. The sum of one hundred thirty-eight million dollars ($138,000,000). +(viii) State Highway Route 5 Capacity Enhancement (State Highway Route 134 to State Highway Route 170, including access improvement for Empire Avenue). The sum of two hundred seventy-one million five hundred thousand dollars ($271,500,000). +(ix) State Highway Route 5 Capacity Enhancement (State Highway Route 605 to the Orange County line, including improvements to the Valley View Interchange). The sum of two hundred sixty-four million eight hundred thousand dollars ($264,800,000). +(x) State Highway Route 5/State Highway Route 14 Capacity Enhancement. The sum of ninety million eight hundred thousand dollars ($90,800,000). +(xi) Capital Project Contingency Fund. The sum of one hundred seventy-three million dollars ($173,000,000). +(B) Capital Programs. +(i) Alameda Corridor East Grade Separations. The sum of two hundred million dollars ($200,000,000). +(ii) MTA and Municipal Regional Clean Fuel Bus Capital (Facilities and Rolling Stock). The sum of one hundred fifty million dollars ($150,000,000). +(iii) Countywide Soundwall Construction (MTA Regional List and Monterey Park/State Highway Route 60). The sum of two hundred fifty million dollars ($250,000,000). +(iv) Local return for major street resurfacing, rehabilitation, and reconstruction. The sum of two hundred fifty million dollars ($250,000,000). +(v) Metrolink Capital Improvements. The sum of seventy million dollars ($70,000,000). +(vi) Eastside Light Rail Access. The sum of thirty million dollars ($30,000,000). +(c) The MTA may incur bonded indebtedness payable from the proceeds of the tax provided by this section pursuant to the bond issuance provisions of Chapter 5 (commencing with Section 130500) and any successor act. The MTA shall include in the expenditure plan, required under subdivision (f), the amount of net revenue specified for all projects and programs in subparagraphs (A) and (B) of paragraph (3) of subdivision (b) as a condition of the use and expenditure of the proceeds of the tax. The MTA shall maintain the current amount of any funding for the projects and programs specified in this section that has been previously programmed or received from sources other than the proceeds of the tax, and may not reallocate money that has been previously programmed or received for those projects and programs to other projects or uses. +(d) Notwithstanding Section 7251.1 of the Revenue and Taxation Code, the tax rate authorized by this section shall not be considered for purposes of the combined rate limit established by that section. +(e) A jurisdiction or recipient is eligible to receive funds from the local return program, described in clause (iv) of subparagraph (B) of paragraph (3) of subdivision (b), only if it continues to contribute to that program an amount that is equal to its existing commitment of local funds or other available funds. The MTA may develop guidelines that, at a minimum, specify maintenance of effort requirements for the local return program, matching funds, and administrative requirements for the recipients of revenue derived from the tax. +(f) Prior to submitting the ordinance to the voters, the MTA shall adopt an expenditure plan for the net revenues derived from the tax. The expenditure plan shall include, in addition to other projects and programs identified by the MTA, the specified projects and programs listed in paragraph (3) of subdivision (b), the estimated total cost for each project and program, funds other than the tax revenues that the MTA anticipates will be expended on the projects and programs, and the schedule during which the MTA anticipates funds will be available for each project and program. The MTA shall also identify in its expenditure plan the expected completion dates for each project described in subparagraph (A) of paragraph (3) of subdivision (b). To be eligible to receive revenues derived from the tax, an agency sponsoring a capital project or capital program shall submit to the MTA an expenditure plan for its project or program containing the same elements as the expenditure plan that MTA is required by this subdivision to prepare. +(g) The MTA shall establish and administer a sales tax revenue fund. The net revenue derived from the tax, after payment of any debt services and related obligations, shall be credited to this fund. The moneys in the fund shall be available to the MTA to meet expenditure and cashflow needs of the projects and programs described in the expenditure plan required under subdivision (f). In the event that there are net revenues in excess of the amount necessary to provide the amount of net revenues specified in the expenditure plan for the projects and programs described therein, the MTA may expend the excess net revenues on projects and programs in the expenditure plan or the LRTP. In the event that projects and programs in the expenditure plan are completed without the expenditure of the amount of net revenues specified, the MTA shall expend the excess net revenues on projects and programs in the expenditure plan or the LRTP within the same subregion as the project or program that is completed. For the purposes of this section, “subregion” shall be defined in the LRTP. +(h) If other funds become available and are allocated to provide all or a portion of the amount of net revenues specified in the expenditure plan for the projects or programs described therein, the MTA may expend the surplus net revenues on other projects and programs in the expenditure plan or the LRTP. +(i) (1) Notwithstanding subdivision (h), if a capital project or capital program described in clauses (i) to (x), inclusive, of subparagraph (A) of paragraph (3) of subdivision (b) and clauses (i) and (vi) of subparagraph (B) of paragraph (3) of subdivision (b), has been fully funded from other sources on or before December 31, 2008, the funds designated to the project or program in clauses (i) to (x), inclusive, of subparagraph (A) of paragraph (3) of subdivision (b) and clauses (i) and (vi) of subparagraph (B) of paragraph (3) of subdivision (b) shall remain in the subregion in which the project or program is located and shall be allocated to other projects or programs in the subregion prior to the expiration of the tax. +(2) A capital project or capital program funded with reallocated funds pursuant to paragraph (1) shall be included in the adopted 2008 Long Range Transportation Plan or the successor plan and shall be of regional significance as determined by the MTA. For purposes of this subdivision, “subregions” means the subregions as defined in the LRTP in effect as of January 1, 2008. +(j) Notwithstanding Section 130354, revenues raised under this section may be used to facilitate the transportation of people and goods within Los Angeles County. The use of the revenues shall not be limited to public transit purposes. +(k) No later than 365 days prior to the adoption of an amendment described in paragraph (1) to an expenditure plan adopted pursuant to subdivision (f), including, but not limited to, the expenditure plan adopted by the MTA board as “Attachment A” in Ordinance #08-01 adopted by the board on July 24, 2008, and in addition to any other notice requirements in the proposing ordinance, the board shall notify the Members of the Legislature representing the County of Los Angeles of all of the following: +(1) A description of the proposed amendments to the adopted expenditure plan that would do any of the following: +(A) Affect the amount of net revenues derived from the tax imposed pursuant to this act that is proposed to be expended on a capital project or projects identified in the adopted expenditure plan. +(B) Delay the schedule for the availability of funds proposed to be expended on a capital project or projects identified in the adopted expenditure plan. +(C) Delay the schedule for the estimated or expected completion date of a capital project or projects identified in the adopted expenditure plan. +(2) The reason for the proposed amendment. +(3) The estimated impact the proposed amendment will have on the schedule, cost, scope, or timely availability of funding for the capital project or projects contained in the adopted expenditure plan. +(l) The notification required pursuant to subdivision (k) shall be achieved by resolution adopted by the MTA board. +(m) The MTA board shall provide prior written notice to the Members of the Legislature representing the County of Los Angeles of any proposed amendments to the adopted expenditure plan that would accelerate funding for a capital project or projects in the adopted expenditure plan. +SEC. 2. +Section 130350.6 of the Public Utilities Code is repealed. +SEC. 3. +Section 130350.7 is added to the Public Utilities Code, to read: +130350.7. +(a) The Los Angeles County Metropolitan Transportation Authority (MTA), in addition to any other tax it is authorized to impose or has imposed, may impose a transactions and use tax, for a period to be determined by the MTA, that is applicable in the incorporated and unincorporated areas of Los Angeles County. The rate of tax authorized by this section, when combined with the rate of tax authorized by voter approval of Measure R pursuant to Section 130350.5 during any period when that tax is in effect, and upon the expiration of that tax, shall not exceed 1 percent. +(b) The ordinance imposing the tax shall contain all of the following: +(1) An expenditure plan that lists the transportation projects and programs to be funded from net revenues from the tax. The expenditure plan shall appear in the ordinance as an exhibit. The expenditure plan shall include all of the following: +(A) The most recent cost estimates for each project and program identified in the expenditure plan. +(B) The identification of the accelerated cost, if applicable, for each project and program in the expenditure plan. +(C) The approximate schedule during which the MTA anticipates funds will be available for each project and program. +(D) The expected completion dates for each project and program within a three-year range. +(2) Provisions conforming to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), except as otherwise provided in subdivision (f). +(3) A provision limiting the MTA’s costs of administering the ordinance and the net revenues from the tax to 1.5 percent of the total tax revenues. +(4) A requirement that the net revenues from the tax, defined to mean the total tax revenues less any refunds, costs of administration by the State Board of Equalization, and the MTA’s administration costs, shall be used by the MTA to fund transportation projects and programs identified in the expenditure plan. +(5) The rate of the tax. +(c) The MTA shall do all of the following: +(1) Develop a transparent process to determine the most recent costs estimates for each project and program identified in the expenditure plan. +(2) At least 30 days before submitting the ordinance described in subdivision (b) to the voters, post the expenditure plan on its Internet Web site in a prominent manner. +(d) The ordinance shall be adopted by the MTA board, which shall also adopt a resolution that submits the ordinance to the voters. +(e) The ordinance shall become operative pursuant to Section 130352 if approved by two-thirds of the voters voting on the measure, pursuant to subdivision (d) of Section 2 of Article XIII C of the California Constitution. +(f) (1) If the voters approve the ordinance authorized by this section, the expenditure plan included as an exhibit to the ordinance pursuant to paragraph (1) of subdivision (b) shall also be included in the revised and updated Long Range Transportation Plan within one year of the date the ordinance takes effect. The revised and updated Long Range Transportation Plan shall also include capital projects and capital programs that are adopted by each subregion that are submitted to the MTA for inclusion in the revised and updated Long Range Transportation Plan, if the cost and schedule details are provided by the subregions, in a manner consistent with the requirements of the plan. Inclusion of a capital project or a capital program in the Long Range Transportation Plan is not a commitment or guarantee that the project or program shall receive any future funding. +(2) For purposes of this subdivision, “subregion” shall have the same meaning as defined in the Long Range Transportation Plan. +(g) The MTA may incur bonded indebtedness payable from the net revenues of the tax pursuant to the bond issuance provisions of Chapter 5 (commencing with Section 130500) and any successor act. +(h) The tax authorized by this section shall be imposed pursuant to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), notwithstanding the combined rate limitation in Section 7251.1 of the Revenue and Taxation Code.","Existing law authorizes the Los Angeles County Metropolitan Transportation Authority (MTA) to impose, in addition to any other tax that it is authorized to impose, a transactions and use tax at a rate of 0.5% for the funding of specified transportation-related projects and programs, subject to various requirements, including the adoption of an expenditure plan and voter approval. Existing law authorizes the MTA to seek voter approval to extend the transactions and use tax pursuant to an amended ordinance, subject to various requirements, including adoption of an amended expenditure plan that, among other things, updates certain cost estimates and identifies expected completion dates for projects and programs under the previous expenditure plan, and also requires the amended expenditure plan to be included in an updated long range transportation plan, as specified. +This bill would delete the above-referenced provisions relative to extension of the transactions and use tax and an amended ordinance and expenditure plan, The bill would instead authorize the MTA to impose an additional transportation transactions and use tax at a maximum rate of 0.5% as long as a specified existing 0.5% transactions and use tax is in effect, and at a maximum rate of 1% thereafter, as specified, for a period of time determined by the MTA, if certain conditions exist and subject to various requirements, including the adoption of an expenditure plan and voter approval, as specified. +The Transactions and Use Tax Law limits to 2% the combined rate of all transactions and use taxes imposed in any county, with certain exceptions. +This bill would exempt the transactions and use tax authorized by the bill from this limitation.","An act to amend Section 130350.5 of, to add Section 130350.7 to, and to repeal Section 130350.6 of, the Public Utilities Code, relating to transportation." +219,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2699 of the Labor Code is amended to read: +2699. +(a) Notwithstanding any other +provision of +law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and other current or former employees pursuant to the procedures specified in Section 2699.3. +(b) For purposes of this part, “person” has the same meaning as defined in Section 18. +(c) For purposes of this part, “aggrieved employee” means any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. +(d) For purposes of this part, “cure” means that the employer abates each violation alleged by any aggrieved employee, the employer is in compliance with the underlying statutes as specified in the notice required by this part, and any aggrieved employee is made whole. +(e) (1) For purposes of this part, whenever the Labor and Workforce Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, has discretion to assess a civil penalty, a court is authorized to exercise the same discretion, subject to the same limitations and conditions, to assess a civil penalty. +(2) In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), a court may award a lesser amount than the maximum civil penalty amount specified by this part if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory. +(f) For all provisions of this code except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation of these provisions, as follows: +(1) If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is five hundred dollars ($500). +(2) If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per pay period for the initial violation and two hundred dollars ($200) for each aggrieved employee per pay period for each subsequent violation. +(3) If the alleged violation is a failure to act by the Labor and Workplace Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, there shall be no civil penalty. +(g) (1) Except as provided in paragraph (2), an aggrieved employee may recover the civil penalty described in subdivision (f) in a civil action pursuant to the procedures specified in Section 2699.3 filed on behalf of himself or herself and other current or former employees against whom one or more of the alleged violations was committed. Any employee who prevails in any action shall be entitled to an award of reasonable attorney’s fees and costs. Nothing in this part shall operate to limit an employee’s right to pursue or recover other remedies available under state or federal law, either separately or concurrently with an action taken under this part. +(2) No action shall be brought under this part for any violation of a posting, notice, agency reporting, or filing requirement of this code, except where the filing or reporting requirement involves mandatory payroll or workplace injury reporting. +(h) No action may be brought under this section by an aggrieved employee if the agency or any of its departments, divisions, commissions, boards, agencies, or employees, on the same facts and theories, cites a person within the timeframes set forth in Section 2699.3 for a violation of the same section or sections of the Labor Code under which the aggrieved employee is attempting to recover a civil penalty on behalf of himself or herself or others or initiates a proceeding pursuant to Section 98.3. +(i) Except as provided in subdivision (j), civil penalties recovered by aggrieved employees shall be distributed as follows: 75 percent to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes; and 25 percent to the aggrieved employees. +(j) Civil penalties recovered under paragraph (1) of subdivision (f) shall be distributed to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes. +(k) Nothing contained in this part is intended to alter or otherwise affect the exclusive remedy provided by the workers’ compensation provisions of this code for liability against an employer for the compensation for any injury to or death of an employee arising out of and in the course of employment. +(l) The superior court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part. +(m) This section shall not apply to the recovery of administrative and civil penalties in connection with the workers’ compensation law as contained in Division 1 (commencing with Section 50) and Division 4 (commencing with Section 3200), including, but not limited to, Sections 129.5 and 132a. +(n) The agency or any of its departments, divisions, commissions, boards, or agencies may promulgate regulations to implement the provisions of this part.","The Labor Code Private Attorneys General Act of 2004 provides that a civil penalty for a violation of the Labor Code may be recovered through a civil action brought by an aggrieved employee, as specified. +This bill would make a technical, nonsubstantive change to that provision.","An act to amend Section 2699 of the Labor Code, relating to employment." +220,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1947.8 of the Civil Code is amended to read: +1947.8. +(a) If an ordinance or charter controls or establishes a system of controls on the price at which residential rental units may be offered for rent or lease and requires the registration of rents, the ordinance or charter, or any regulation adopted pursuant thereto, shall provide for the establishment and certification of permissible rent levels for the registered rental units, and any changes thereafter to those rent levels, by the local agency as provided in this section. +(b) If the ordinance, charter, or regulation is in effect on January 1, 1987, the ordinance, charter, or regulation shall provide for the establishment and certification of permissible rent levels on or before January 1, 1988, including completion of all appeals and administrative proceedings connected therewith. After July 1, 1990, no local agency may maintain any action to recover excess rent against any property owner who has registered the unit with the local agency within the time limits set forth in this section if the initial certification of permissible rent levels affecting that particular property has not been completed, unless the delay is willfully and intentionally caused by the property owner or is a result of court proceedings or further administrative proceedings ordered by a court. If the ordinance, charter, or regulation is adopted on or after January 1, 1987, the ordinance, charter, or regulation shall provide for the establishment and certification of permissible rent levels within one year after it is adopted, including completion of all appeals and administrative proceedings connected therewith. Upon the request of the landlord or the tenant, the local agency shall provide the landlord and the tenant with a certificate or other documentation reflecting the permissible rent levels of the rental unit. A landlord may request a certificate of permissible rent levels for rental units which have a base rent established, but which are vacant and not exempt from registration under this section. The landlord or the tenant may appeal the determination of the permissible rent levels reflected in the certificate. The permissible rent levels reflected in the certificate or other documentation shall, in the absence of intentional misrepresentation or fraud, be binding and conclusive upon the local agency unless the determination of the permissible rent levels is being appealed. +(c) After the establishment and certification of permissible rent levels under subdivision (b), the local agency shall, upon the request of the landlord or the tenant, provide the landlord and the tenant with a certificate of the permissible rent levels of the rental unit. The certificate shall be issued within five business days from the date of request by the landlord or the tenant. The permissible rent levels reflected in the certificate shall, in the absence of intentional misrepresentation or fraud, be binding and conclusive upon the local agency unless the determination of the permissible rent levels is being appealed. The landlord or the tenant may appeal the determination of the permissible rent levels reflected in the certificate. Any appeal of a determination of permissible rent levels as reflected in the certificate, other than an appeal made pursuant to subdivision (b), shall be filed with the local agency within 15 days from issuance of the certificate. The local agency shall notify, in writing, the landlord and the tenant of its decision within 60 days following the filing of the appeal. +(d) The local agency may charge the person to whom a certificate is issued a fee in the amount necessary to cover the reasonable costs incurred by the local agency in issuing the certificate. +(e) The absence of a certification of permissible rent levels shall not impair, restrict, abridge, or otherwise interfere with either of the following: +(1) A judicial or administrative hearing. +(2) Any matter in connection with a conveyance of an interest in property. +(f) The record of permissible rent levels is a public record for purposes of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). +(g) Any notice specifying the rents applicable to residential rental units which is given by an owner to a public entity or tenant in order to comply with Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code shall not be considered a registration of rents for purposes of this section. +(h) “Local agency,” as used in this section, means the public entity responsible for the implementation of the ordinance, charter, or regulation. +(i) Nothing in this section shall be construed: +(1) To grant to any public entity any power which it does not possess independent of this section to control or establish a system of control on the price at which accommodations may be offered for rent or lease, or to diminish any such power which that public entity may possess, except as specifically provided in this section. +(2) On and after January 1, 2016, to apply to tenancies commencing on or after January 1, 1999, for which the owner of residential property may establish the initial rent under Chapter 2.7 (commencing with Section 1954.50). However, for a tenancy that commenced on or after January 1, 1999, if a property owner has provided the local agency with the tenancy’s initial rent in compliance with that agency’s registration requirements in a writing signed under penalty of perjury, there shall be a rebuttable presumption that the statement of the initial rent is correct. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law regulates the terms and conditions of residential tenancies. Existing law, the Costa-Hawkins Rental Housing Act, prescribes statewide limits on the application of local rent control with regard to certain properties, including those that have a certificate of occupancy issued after February 1, 1995. Existing law requires a local ordinance or charter controlling residential rent prices that requires registration of rents to provide for the certification of permissible rent levels and prescribes a process in this regard, including a requirement that, upon the request, a local agency provide a landlord and a tenant with a certificate reflecting the permissible rent levels of the rental unit. Existing law provides that the permissible rent levels reflected in the certificate are, in the absence of intentional misrepresentation or fraud, binding and conclusive upon the local agency unless the determination of the permissible rent levels is appealed. +This bill would specify that the certification provisions described above, on and after January 1, 2016, do not apply to tenancies for which the owner of residential property may establish the initial rent under the Costa-Hawkins Rental Housing Act, as specified. The bill would except from this exclusion a tenancy for which the property owner provides the local rent control agency with a writing, signed under penalty of perjury, of the tenancy’s initial rent that complies with the agency’s requirements, which would create a rebuttable presumption that the statement of the initial rent is correct. By expanding the crime of perjury, this bill would impose a state-mandated local program. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1947.8 of the Civil Code, relating to tenancy." +221,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature to ensure that there is a process that management and supervisors in a state health care facility are required to follow to avoid on-the-spot mandatory overtime of any psychiatric technician (PT) or psychiatric technician assistant (PTA) whose regularly scheduled work shift is complete, and to prevent circumstances where an employee is stopped at the gate of, for example, a Department of Corrections and Rehabilitation and California Correctional Health Care Services facility, and is instructed to return to work at the end of the employee’s regularly scheduled work shift. It is the intent of the Legislature to prohibit a state facility that employs PTs or PTAs from using mandatory overtime as a scheduling tool, or as an excuse for fulfilling an operational need that results from a management failure to properly staff those state facilities. +SEC. 2. +Section 19851.4 is added to the Government Code, to read: +19851.4. +(a) As used in this section: +(1) “Emergency situation” means any of the following: +(A) An unforeseeable declared national, state, or municipal emergency. +(B) A highly unusual or extraordinary event that is unpredictable or unavoidable and that substantially affects providing needed health care services or increases the need for health care services, which includes any of the following: +(i) An act of terrorism. +(ii) A natural disaster. +(iii) A widespread disease outbreak. +(iv) An emergency declared by a warden, superintendent, or executive director, or a severe emergency that necessitates the assistance of an outside agency. +(2) “Facility” means any facility that provides clinically related health services that is operated by the Division of Correctional Health Care Services of the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation, the State Department of State Hospitals, or the State Department of Developmental Services in which a PT or PTA works as an employee of the state. +(3) “Management or supervisor” means any person or group of persons acting directly or indirectly on behalf of, or in the interest of, the facility, whose duties and responsibilities include facilitating staffing needs. +(4) “On call or on standby” means alternative staff who are not currently working on the premises of the facility and who satisfy either of the following criteria: +(A) Are compensated for their availability. +(B) Have agreed to be available to come to the facility on short notice, if the need arises. +(5) “PT” or “PTA” means all classifications of psychiatric technician or psychiatric technician assistant. +(b) A facility shall not require a PT or PTA to work in excess of a regularly scheduled workweek or work shift. A PT or PTA may volunteer or agree to work hours in addition to his or her regularly scheduled workweek or work shift but the refusal by a PT or PTA to accept those additional hours shall not constitute either of the following: +(1) Grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the PT or PTA. +(2) Patient abandonment or neglect. +(c) In order to avoid the use of mandatory overtime as a scheduling tool, management and supervisors shall consider employees to fulfill the additional staffing needs of a facility in the following priority order: +(1) First priority shall be given to employees who volunteer or agree to work hours in addition to their regularly scheduled workweek or work shift. +(2) Second priority shall be given to individuals who are part-time or intermittent employees. +(3) Third priority shall be given to employees who are on call or on standby. +(d) This section shall not apply in any of the following situations: +(1) To a PT or PTA participating in a surgical procedure in which the nurse is actively engaged and whose continued presence through the completion of the procedure is needed to ensure the health and safety of the patient. +(2) If a catastrophic event occurs in a facility and both of the following factors apply: +(A) The catastrophic event results in such a large number of patients in need of immediate medical treatment for which the facility is incapable of providing sufficient PTs or PTAs to attend to the patients without resorting to mandatory overtime. +(B) The catastrophic event is an unanticipated and nonrecurring event. +(3) If an emergency situation occurs. +(e) This section shall not be construed to affect the Psychiatric Technicians Law (Chapter 10 (commencing with Section 4500) of Division 2 of the Business and Professions Code) or a PT or PTA’s duty under the standards of competent performance. +(f) This section shall not be construed to preclude a facility from hiring part-time or intermittent employees. +(g) This section shall not prevent a facility from providing employees with more protections against mandatory overtime than the minimum protections established pursuant to this section.","The State Civil Service Act generally requires the workweek of state employees to be 40 hours, and the workday of state employees to be 8 hours. Under the act, it is the policy of the state to avoid the necessity for overtime work whenever possible. +The Psychiatric Technicians Law provides for the licensure and regulation of psychiatric technicians (PTs) by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. +This bill would prohibit a PT or psychiatric technician assistant (PTA) employed by the State of California in a specified type of facility from being compelled to work in excess of the regularly scheduled workweek or work shift, except under certain circumstances. The bill would authorize a PT or PTA to volunteer or agree to work hours in addition to his or her regularly scheduled workweek or work shift, but the refusal to accept those additional hours would not constitute patient abandonment or neglect or be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the PT or PTA. The bill would require management and supervisors to consider employees in a specified order of priority in order to fulfill the additional staffing needs of a facility.","An act to add Section 19851.4 to the Government Code, relating to state employees." +222,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10123.147 of the Insurance Code is amended to read: +10123.147. +(a) +Every +(1) +An +insurer +issuing +that issues a +group or individual +policies +policy +of health insurance that covers hospital, medical, or surgical expenses, including those telehealth services covered by the insurer as defined in subdivision (a) of Section 2290.5 of the Business and Professions Code, shall reimburse each complete claim, or portion +thereof, +of a claim, +whether in state or out of state, as soon as practical, but no later than 30 working days after receipt of the complete claim by the insurer. +However, +(2) However, +an insurer may contest or deny a claim, or portion +thereof, +of the claim, +by notifying the claimant, in writing, that the claim is contested or denied, within 30 working days after receipt of the complete claim by the insurer. The notice that a claim, or portion +thereof, +of a claim, +is contested shall identify the portion of the claim that is contested, by revenue code, and the specific information needed from the provider to reconsider the claim. The notice that a claim, or portion +thereof, +of a claim, +is denied shall identify the portion of the claim that is denied, by revenue code, and the specific reasons for the denial, including the factual and legal basis known at that time by the insurer for each reason. If the reason is based solely on facts or solely on law, the insurer +is required to +shall +provide only the factual or legal basis for its reason to deny the claim. +The +(3) +The +insurer shall provide a copy of the notice required by this subdivision to each insured who received services pursuant to the claim that was contested or denied and to the insured’s health care provider that provided the services at issue. The notice required by this subdivision shall include a statement advising the provider who submitted the claim on behalf of the insured or pursuant to a contract for alternative rates of payment and the insured that either may seek review by the department of a claim that was contested or denied by the insurer and the address, Internet Web site address, and telephone number of the unit within the department that performs this review function. The notice to the provider may be included on either the explanation of benefits or remittance advice and shall also contain a statement advising the provider of its right to enter into the dispute resolution process described in Section 10123.137. +An +(4) +An +insurer may delay payment of an uncontested portion of a complete claim for reconsideration of a contested portion of that claim so long as the insurer pays those charges specified in subdivision (b). +(b) If a complete claim, or portion +thereof, +of the claim, +that is neither contested nor denied, is not reimbursed by delivery to the claimant’s address of record within the 30 working days after receipt, the insurer shall pay the greater of +fifteen +twenty-five +dollars +($15) +($25) +per year or interest at the rate of 10 percent per annum beginning with the first calendar day after the 30-working day period. An insurer shall automatically include the +fifteen +twenty-five +dollars +($15) +($25) +per year or interest due in the payment made to the claimant, without requiring a +request therefor. +request. +(c) +(1) +For the purposes of this section, a claim, or portion +thereof, +of the claim, +is reasonably contested if the insurer has not received the completed claim. A paper claim from an institutional provider shall be deemed complete upon submission of a legible emergency department report and a completed UB 92 or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the insurer within 30 working days of receipt of the claim. An electronic claim from an institutional provider shall be deemed complete upon submission of an electronic equivalent to the UB 92 or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the insurer within 30 working days of receipt of the claim. +However, +(2) However, +if the insurer requests a copy of the emergency department report within the 30 working days after receipt of the electronic claim from the institutional provider, the insurer may also request additional reasonable relevant information within 30 working days of receipt of the emergency department report, at which time the claim shall be deemed complete. A claim from a professional provider shall be deemed complete upon submission of a completed HCFA 1500 or its electronic equivalent or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the insurer within 30 working days of receipt of the claim. The provider shall provide the insurer reasonable relevant information within 15 working days of receipt of a written request that is clear and specific regarding the information sought. +If, +(3) +If, +as a result of reviewing the reasonable relevant information, the insurer requires further information, the insurer shall have an additional 15 working days after receipt of the reasonable relevant information to request the further information, notwithstanding any time limit to the contrary in this section, at which time the claim shall be deemed complete. +(d) This section +shall +does +not apply to +claims +a claim +about which there is evidence of fraud and misrepresentation, to eligibility determinations, or in instances +where +that +the plan has not been granted reasonable access to information under the provider’s control. An insurer shall specify, in a written notice to the provider within 30 working days of receipt of the claim, +which, +the exceptions, +if any, of these +exceptions applies +that apply +to a claim. +(e) If a claim or portion +thereof +of a claim +is contested on the basis that the insurer has not received information reasonably necessary to determine payer liability for the claim or portion +thereof, +of the claim, +then the insurer shall have 30 working days after receipt of this additional information to complete reconsideration of the claim. If a claim, or portion +thereof, +of a claim, +undergoing reconsideration is not reimbursed by delivery to the claimant’s address of record within the 30 working days after receipt of the additional information, the insurer shall pay the greater of +fifteen +twenty-five +dollars +($15) +($25) +per year or interest at the rate of 10 percent per annum beginning with the first calendar day after the 30-working day period. An insurer shall automatically include the +fifteen +twenty-five +dollars +($15) +($25) +per year or interest due in the payment made to the claimant, without requiring a +request therefor. +request. +(f) An insurer shall not delay payment on a claim from a physician +and surgeon +or other +health care +provider to await the submission of a claim from a hospital or other provider, without citing specific rationale as to why the delay was necessary and providing a monthly update regarding the status of the claim and the insurer’s actions to resolve the claim, to the provider that submitted the claim. +(g) An insurer shall not request or require that a provider waive its rights pursuant to this section. +(h) This section +shall apply +applies +only to claims for services rendered to a patient who was provided emergency services and care as defined in Section 1317.1 of the Health and Safety Code in the United States on or after September 1, 1999. +(i) This section +shall not be construed to +does not +affect the rights or obligations of +any +a +person pursuant to Section 10123.13. +(j) This section +shall not be construed to +does not +affect a written agreement, if any, of a provider to submit bills within a specified time period.","Exiting law requires insurers issuing group or individual policies of health insurance that covers hospital, medical, or surgical expenses to reimburse each complete claim, as specified, as soon as practical but no later than 30 working days after receipt of the complete claim. Within 30 working days after receipt of the claim, an insurer can contest or deny a claim, as specified. An insurer is required to pay the greater of $15 per year or interest, as specified, on a claim that is not contested or denied and that has not been delivered to the claimant within 30 working days after receipt. Existing law also authorizes the insurer to request reasonable additional information about the claim, and requires the service provider making the claim to submit the relevant information requested to the insurer within 15 working days. Existing law allows the insurer 30 working days after receipt of the additional information to reconsider the claim, and requires the insurer to pay the greater of $15 per year, or interest, as specified, on a claim that is undergoing reconsideration and that has not been delivered to the claimant within 30 working days after receipt of the additional information. Under existing law these requirements are not applicable to claims to which specified exceptions apply, and the insurer is required to give written notice to the provider if any of those exceptions apply within 30 working days of receipt of the claim. +This bill would require an insurer, under those circumstances, to instead pay to the claimant the greater of $25 per year or the interest, as specified.","An act to amend Section 10123.147 of the Insurance Code, relating to insurance." +223,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1367.003 of the Health and Safety Code is amended to read: +1367.003. +(a) Every health care service plan that issues, sells, renews, or offers health care service plan contracts for health care coverage in this state, including a grandfathered health plan, but not including specialized health care service plan contracts, shall provide an annual rebate to each enrollee under +such +that +coverage, on a pro rata basis, if the ratio of the amount of premium revenue expended by the health care service plan on the costs for reimbursement for clinical services provided to enrollees under +such +that +coverage and for activities that improve health care quality to the total amount of premium revenue, excluding federal and state taxes and licensing or regulatory fees and after accounting for payments or receipts for risk adjustment, risk corridors, and reinsurance, is less than the following: +(1) With respect to a health care service plan offering coverage in the large group market, 85 percent. +(2) With respect to a health care service plan offering coverage in the small group market or +in +the individual market, 80 percent. +(b) Every health care service plan that issues, sells, renews, or offers health care service plan contracts for health care coverage in this state, including a grandfathered health plan, shall comply with the following minimum medical loss ratios: +(1) With respect to a health care service plan offering coverage in the large group market, 85 percent. +(2) With respect to a health care service plan offering coverage in the small group market or +in +the individual market, 80 percent. +(c) (1) The total amount of an annual rebate required under this section shall be calculated in an amount equal to the product of the following: +(A) The amount by which the percentage described in paragraph (1) or (2) of subdivision (a) exceeds the ratio described in paragraph (1) or (2) of subdivision (a). +(B) The total amount of premium revenue, excluding federal and state taxes and licensing or regulatory fees and after accounting for payments or receipts for risk adjustment, risk corridors, and reinsurance. +(2) A health care service plan shall provide any rebate owing to an enrollee no later than August 1 of the calendar year following the year for which the ratio described in subdivision (a) was calculated. +(d) (1) The director may adopt regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) that are necessary to implement the medical loss ratio as described under Section 2718 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-18), and any federal rules or regulations issued under that section. +(2) The director may also adopt emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) when it is necessary to implement the applicable provisions of this section and to address specific conflicts between state and federal law that prevent implementation of federal law and guidance pursuant to Section 2718 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-18). The initial adoption of the emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. +(e) The department shall consult with the Department of Insurance in adopting necessary regulations, and in taking any other action for the purpose of implementing this section. +(f) This section shall be implemented to the extent required by federal law and shall comply with, and not exceed, the scope of Section 2791 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-91) and the requirements of Section 2718 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-18) and any rules or regulations issued under those sections. +(g) +Nothing in this +This +section shall +not +be construed to apply to provisions of this chapter pertaining to financial statements, assets, liabilities, and other accounting items to which subdivision (s) of Section 1345 applies. +(h) +Nothing in this +This +section shall +not +be construed to apply to a health care service plan contract or insurance policy issued, sold, renewed, or offered for health care services or coverage provided in the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code), the Healthy Families Program (Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code), the Access for Infants and Mothers Program (Part 6.3 (commencing with Section 12695) of Division 2 of the Insurance Code), the California Major Risk Medical Insurance Program (Part 6.5 (commencing with Section 12700) of Division 2 of the Insurance Code), or the Federal Temporary High Risk Insurance Pool (Part 6.6 (commencing with Section 12739.5) of Division 2 of the Insurance Code), to the extent consistent with the federal Patient Protection and Affordable Care Act (Public Law 111-148).","Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. +The federal Patient Protection and Affordable Care Act requires a health insurance issuer issuing health insurance coverage to comply with minimum medical loss ratios, and to provide an annual rebate to each insured if the medical loss ratio of the amount of the revenue expended by the issuer on costs to the total amount of premium revenue is less than a certain percentage, as specified. Existing law requires health care service plans to comply with those requirements. +This bill would make technical, nonsubstantive changes to the latter provision.","An act to amend Section 1367.003 of the Health and Safety Code, relating to health care coverage." +224,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19000 of the Probate Code is amended to read: +19000. +As used in this part: +(a) “Claim” means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated: +(1) Liability of the deceased settlor, whether arising in contract, tort, or otherwise. +(2) Liability for taxes incurred before the deceased settlor’s death, whether assessed before or after the deceased settlor’s death, other than property taxes and assessments secured by real property liens. +(3) Liability for the funeral expenses of the deceased settlor. +(b) “Claim” does not include a dispute regarding title to specific property alleged to be included in the trust estate. +(c) “Creditor” means a person who may have a claim against the trust property. +(d) “Trust” means a trust described in Section 18200, or, if a portion of a trust, that portion that remained subject to the power of revocation at the deceased settlor’s death. +(e) “Deceased settlor” means a deceased person who, at the time of his or her death, held the power to revoke the trust in whole or in part. +(f) “Debts” means all claims, as defined in subdivision (a), all expenses of administration, and all other proper charges against the trust estate, including taxes. +(g) “Probate estate” means a decedent’s estate subject to administration pursuant to Division 7 (commencing with Section 7000). +(h) “Trust estate” means a decedent’s property, real and personal, that is titled in the name of the trustee of the deceased settlor’s trust or confirmed by order of the court to the trustee of the deceased settlor’s trust. +SEC. 2. +Section 19001 of the Probate Code is amended to read: +19001. +(a) Upon the death of a settlor, the property of the deceased settlor that was subject to the power of revocation at the time of the settlor’s death is subject to the claims of creditors of the deceased settlor’s probate estate and to the expenses of administration of the probate estate to the extent that the deceased settlor’s probate estate is inadequate to satisfy those claims and expenses. +(b) The deceased settlor, by appropriate direction in the trust instrument, may direct the priority of sources of payment of debts among subtrusts or other gifts established by the trust at the deceased settlor’s death. Notwithstanding this subdivision, no direction by the settlor shall alter the priority of payment, from whatever source, of the matters set forth in Section 11420 which shall be applied to the trust as it applies to a probate estate. +SEC. 3. +Section 19003 of the Probate Code is amended to read: +19003. +(a) At any time following the death of the settlor, and during the time that there has been no filing of a petition to administer the probate estate of the deceased settlor in this state of which the trustee has actual knowledge, the trustee may file with the court a proposed notice to creditors. Upon the court’s assignment of a proceeding number to the proposed notice, the trustee shall publish and serve notice to creditors of the deceased settlor in the form and within the time prescribed in Chapters 3 (commencing with Section 19040) and 4 (commencing with Section 19050). That action shall constitute notice to creditors of the requirements of this part. +(b) The filing shall be made with the superior court for the county in this state where the deceased settlor resided at the time of death, or if none, in any county in this state in which trust property was located at the time of the settlor’s death, or if none, in the county in this state that was the principal place of administration of the trust at the time of the settlor’s death. +(c) Nothing in subdivision (a) affects a notice or request to a public entity required by Chapter 7 (commencing with Section 19200). +SEC. 4. +Section 19006 of the Probate Code is amended to read: +19006. +(a) If a trustee of a trust established by the deceased settlor files, publishes, and serves notice as provided in Section 19003 the protection from creditors afforded that trustee and trust shall also be afforded to any other trusts established by the deceased settlor and the trustees and beneficiaries of those trusts. +(b) If the personal representative of the deceased settlor’s probate estate has published notice under Section 8120 and given notice of administration of the probate estate of the deceased settlor under Chapter 2 (commencing with Section 9050) of Part 4 of Division 7, the protection from creditors afforded the personal representative of the deceased settlor’s probate estate shall be afforded to the trustee and to the beneficiaries of the trust. +(c) In the event that, following the filing and publication of the notice set forth in Section 19003, there shall be commenced any proceeding under which a notice pursuant to Section 8120 is required to be published, then the trustee shall have a right of collection against that probate estate to recover the amount of any debts paid from trust assets that would otherwise have been satisfied (whether by law or by direction in the deceased settlor’s will or trust) by the property subject to probate proceedings. +SEC. 5. +Section 19008 of the Probate Code is amended to read: +19008. +If there is no proceeding to administer the probate estate of the deceased settlor, and if the trustee does not file a proposed notice to creditors pursuant to Section 19003 and does not publish notice to creditors pursuant to Chapter 3 (commencing with Section 19040), then the liability of the trust to any creditor of the deceased settlor shall be as otherwise provided by law. +SEC. 6. +Section 19024 of the Probate Code is amended to read: +19024. +At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing, together with a copy of the petition, to be mailed to each of the following persons who is not a petitioner: +(a) All trustees of the trust and of any other trusts to which an allocation of liability may be approved by the court pursuant to the petition. +(b) All beneficiaries affected. +(c) The personal representative of the deceased settlor’s probate estate, if any is known to the trustee. +(d) The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice. +SEC. 7. +Section 19025 of the Probate Code is amended to read: +19025. +(a) If any creditor, beneficiary, or trustee fails timely to file a written pleading upon notice, then the case is at issue, notwithstanding the failure. The case may proceed on the petition and written statements filed by the time of the hearing, and no further pleadings by other persons are necessary. The creditor, beneficiary, or trustee who failed timely to file a written pleading upon notice may not participate further in the proceeding for the determination requested, and that creditor, beneficiary, or trustee shall be bound by the decision in the proceeding. +(b) The court’s order, when final, shall be conclusive as to the liability of the trust property with respect to the claims at issue in the petition. In the event of a subsequent administration of the probate estate of the deceased settlor, that order shall be binding on the personal representative of the probate estate of the deceased settlor as well as all creditors and beneficiaries who had notice of the petition. +SEC. 8. +Section 19320 of the Probate Code is amended to read: +19320. +If it appears that a debt of the deceased settlor has been paid or is payable in whole or in part from property in the deceased settlor’s trust, then the trustee, the surviving spouse, the personal representative, if any, of a deceased settlor’s probate estate, or a beneficiary may petition for an order to allocate the debt. +SEC. 9. +Section 19323 of the Probate Code is amended to read: +19323. +(a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the petition to be served on the surviving spouse in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. +(b) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of hearing, together with a copy of the petition, to be mailed to each of the following persons who are not petitioners: +(1) All trustees of the trust and of any trusts to which an allocation of liability may be approved by the court pursuant to the petition. +(2) All beneficiaries affected. +(3) The personal representative of the deceased settlor’s probate estate, if any is known to the trustee. +(4) The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice. +SEC. 10. +Section 19400 of the Probate Code is amended to read: +19400. +Subject to Section 366.2 of the Code of Civil Procedure, if there is no proceeding to administer the probate estate of the deceased settlor, and if the trustee does not file a proposed notice to creditors pursuant to Section 19003 and does not publish notice to creditors pursuant to Chapter 3 (commencing with Section 19040), then a beneficiary of the trust to whom payment, delivery, or transfer of the deceased settlor’s property is made pursuant to the terms of the trust is personally liable, to the extent provided in Section 19402, for the unsecured claims of the creditors of the deceased settlor’s probate estate.","Existing law permits property to be titled in a trust, and provides that, upon the death of a settlor of a trust, the property of the deceased settlor that was subject to the power of revocation at the time of the settlor’s death is subject to the claims of creditors of the deceased settlor’s estate. Existing law defines specified terms for the purposes of these provisions. +This bill would define the terms “probate estate” and “trust estate” for the purposes of these provisions and clarify that certain uses of the term “estate” in existing law refer to a probate estate.","An act to amend Sections 19000, 19001, 19003, 19006, 19008, 19024, 19025, 19320, 19323, and 19400 of the Probate Code, relating to trusts." +225,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 84908.5 is added to the Education Code, to read: +84908.5. +Notwithstanding Sections 84907 and 84908: +(a) Upon request of a joint powers authority consisting of community college districts, school districts, or county offices of education, or a combination of these, the chancellor and Superintendent shall certify the amount of state funds expended by the joint powers authority for adult career technical education in the 2012–13 fiscal year pursuant to paragraph (7) of subdivision (a) of Section 42238.03. +(b) If the amount certified pursuant to subdivision (a) equals or exceeds 40 percent of the joint powers authority’s total state funding received in the 2012–13 fiscal year, the joint powers authority shall be deemed to have expended state funds for adult education for the purposes of this article. +(c) The chancellor and Superintendent shall apportion funds from Item 6870-201-0001 of the Budget Act of 2015 directly to the joint powers authority equal to the amount certified pursuant to subdivision (a). As a condition of receipt of an apportionment, the joint powers authority is required to be a member of a consortium. +SECTION 1. +Section 84907 of the +Education Code +is amended to read: +84907. +No later than July 31, 2015, the chancellor and the Superintendent, with the advice of the executive director, shall certify, for each school district, county office of education, or joint powers authority consisting of one or more community college districts, school districts, or county offices of education, or a combination of these, the amount of state funds required to be expended for adult education pursuant to paragraph (7) of subdivision (a) of Section 42238.03, and paragraph (3) of subdivision (k) of Section 2575, respectively. +SEC. 2. +Section 84908 of the +Education Code +is amended to read: +84908. +(a)If the total amount certified for all school districts, county offices of education, and joint powers authorities pursuant to Section 84907 is less than three hundred seventy-five million dollars ($375,000,000), the chancellor and the Superintendent shall do both of the following: +(1)Apportion funds appropriated for the program in the Budget Act of 2015, no later than August 30, 2015, to each school district, county office of education, or joint powers authority in an amount equal to the amount certified for that school district, county office of education, or joint powers authority, pursuant to Section 84907. As a condition of receipt of an apportionment, a school district, county office of education, or joint powers authority is required to be a member of a consortium. +(2)(A)(i)With the concurrence of the executive director, approve a schedule of allocations to each consortium, no later than October 30, 2015, of any funds appropriated for the program in the Budget Act of 2015 that remain after funds have been apportioned pursuant to paragraph (1). +(ii)The chancellor and the Superintendent shall determine the amount to be allocated to each consortium pursuant to this paragraph based on that adult education region’s share of the statewide need for adult education. +(B)Using the schedule approved pursuant to subparagraph (A), the chancellor and the Superintendent shall do one of the following for each consortium: +(i)Apportion funds to a fund administrator designated by the members of a consortium beginning no more than 30 days after approval of the schedule pursuant to subparagraph (A). +(ii)Apportion funds to members of a consortium beginning no more than 30 days after receipt of a final distribution schedule from that consortium. +(b)If the total amount certified for all school districts, county offices of education, and joint powers authorities pursuant to Section 84907 equals or exceeds three hundred seventy-five million dollars ($375,000,000), the chancellor and the Superintendent shall do both of the following: +(1)Apportion funds appropriated for the program in the Budget Act of 2015, no later than August 30, 2015, to each school district, county office of education, or joint powers authority in an amount equal to the amount certified for that school district, county office of education, or joint powers authority pursuant to Section 84907 multiplied by three hundred seventy-five million dollars ($375,000,000), divided by the total amount certified for all school districts, county offices of education, and joint powers authorities pursuant to Section 84907. +(2)(A)(i)With the concurrence of the executive director, approve a schedule of allocations to each consortium, no later than October 30, 2015, of any funds appropriated for this program in the Budget Act of 2015 that remain after funds have been apportioned pursuant to paragraph (1). +(ii)The chancellor and the Superintendent shall determine the amount to be allocated to each consortium pursuant to this paragraph based on that adult education region’s share of the statewide need for adult education. +(B)Using the schedule approved pursuant to subparagraph (A), the chancellor and the Superintendent shall do one of the following for each consortium: +(i)Apportion funds to a fund administrator designated by the members of a consortium beginning no more than 30 days after approval of the schedule pursuant to subparagraph (A). +(ii)Apportion funds to members of a consortium beginning no more than 30 days after receipt of a final distribution schedule from that consortium. +(c)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 3. +Section 84908.5 is added to the +Education Code +, to read: +84908.5. +The chancellor and the Superintendent may certify, as required in Section 84907, and apportion, as required in Section 84908, funds after the dates enumerated in those sections for a joint powers authority consisting of one or more community college districts, school districts, county offices of education, or a combination of these. +SEC. 4. +SEC. 2. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to enable any joint powers authority participating in an adult education consortium to comply with the current year statutory deadlines that must be met for purposes of establishing the joint powers authority’s maintenance of effort level, it is necessary that this act take effect immediately.","Existing law establishes the Adult Education Block Grant Program under the administration of the Chancellor of the California Community Colleges and the Superintendent of Public Instruction. The program requires the chancellor and the Superintendent, with the advice of the Executive Director of the State Board of Education, to divide the state into adult education regions and approve one adult education consortium in each adult education region, as specified. The program also requires the chancellor and the Superintendent, with the advice of the executive director, to certify, no later than July 31, 2015, the amount of state funds required to be expended for adult education by a school district and county office of education, as specified. The program further requires the chancellor and the Superintendent to apportion funds appropriated for the program in the Budget Act of 2015 to each school district and county office of education by August 30, 2015, in accordance with a specified formula and, by October 30, 2015, to allocate the funds that remain after the apportionment to each consortium, as specified. +This bill would also +provide that +require +the chancellor and the +Superintendent, with the advice of the executive director, (1) certify +Superintendent to certify, upon the request of a joint powers authority consisting of community college districts, school districts, or county offices of education, or a combination of these, +the amount of state funds +required to be +expended for adult +career technical +education by +that +joint powers +authorities consisting of one or more community colleges, school districts, or county offices of education, or a combination of these, (2) apportion an amount to each of these joint powers authorities in accordance with the same formula, and (3) allocate to each consortium the funds that remain after this apportionment, as specified. In regard to these joint powers authorities, the deadlines in existing law would not apply. +authority in the 2012–13 fiscal year and to apportion an amount equal to the amount certified directly to that joint powers authority. As a condition of receipt of this apportionment, the bill would require the joint powers authority to be a member of an adult education consortium. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to +amend Sections 84907 and 84908 of, and to add Section 84908.5 to, +add Section 84908.5 to +the Education Code, relating to adult education, and declaring the urgency thereof, to take effect immediately." +226,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 3.1 (commencing with Section 7287.20) is added to Part 1.7 of Division 2 of the Revenue and Taxation Code, to read: +CHAPTER 3.1. Excise Water Tax +7287.20. +(a) A local public entity that supplies water at retail or wholesale for the benefit of persons within the service area or area of jurisdiction of that public entity may impose, by ordinance, an excise tax on an excessive user of water, at a rate not to exceed 300 percent of the purchase price of the water, if both of the following conditions are met: +(1) The ordinance proposing that tax is approved by two-thirds of the electors voting on the measure pursuant to Article XIII C of the California Constitution. +(2) The revenue from the tax is equally distributed between the public entity and the State Water Resources Control Board for local water conservation efforts within the jurisdiction of that public entity. The local water conservation efforts may have cobenefits with other regions in the state. +(b) A tax imposed pursuant to this section may be in addition to any other tax authorized by this division. +SECTION 1. +Section 16072 of the +Vehicle Code +is amended to read: +16072. +(a)The suspension of the driving privilege of a person as provided in Section 16070 shall not be terminated until one year has elapsed from the date of actual commencement of the suspension and until the person files proof of financial responsibility as provided in Chapter 3 (commencing with Section 16430), except that the suspension shall be reinstated if the person fails to maintain proof of financial responsibility for three years. However, in lieu of suspending a person’s driving privilege pursuant to this section, the department, upon application, if the person files and thereafter maintains proof of financial responsibility as provided in this section and pays a penalty fee to the department of two hundred fifty dollars ($250), may restrict the person’s driving privilege to any of the following situations: +(1)Necessary travel to and from that person’s place of employment. +(2)Driving that is required in the person’s course of employment, when driving a motor vehicle is necessary in order to perform the duties of the person’s primary employment. +(3)Necessary travel to transport a minor dependent in that person’s immediate family to and from an institute of primary or secondary instruction, if the chief administrative officer or principal of the educational institution certifies in writing to the department that the minor dependent is enrolled in the educational institution and no form of public transportation or schoolbus is available between the applicant’s place of residence and the educational institution. +The restriction shall remain in effect for the period of suspension required by this section, so long as proof of financial responsibility is maintained. +(b)If a suspension has been imposed under Section 16070 and one year has elapsed from the date the suspension actually commenced, that suspension shall be terminated if the driving privilege is suspended under Section 16370 or 16381 as the result of a judgment arising out of the accident for which proof of financial responsibility was required to be established. The department may reimpose the suspension of the driving privilege of a person under Section 16070 if the suspension under Section 16370 or 16381 is later set aside for a reason other than that the person has satisfied the judgment in full or to the extent provided in Chapter 2 (commencing with Section 16250) and has given proof of ability to respond in damages as provided in Chapter 3 (commencing with Section 16430). +(c)Notwithstanding Chapter 2 (commencing with Section 42200) of Division 18, all revenues derived from the penalty fees provided in subdivision (a) shall, after deduction by the department of the costs incurred by the department in administering this section, be deposited in the Financial Responsibility Penalty Account in the General Fund. The balance in this fund on each July 1, which is not subject to appropriation as provided in Section 12980 of the Insurance Code, shall revert to the General Fund. +(d)(1)Subdivision (a) does not apply to a commercial driver’s license holder. +(2)A commercial driver’s licenseholder whose driving privilege is otherwise suspended under this chapter is not entitled to a restricted license, unless that person surrenders his or her commercial driver’s license and is issued a noncommercial class C or M driver’s license. +(e)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 2. +Section 16072 is added to the +Vehicle Code +, to read: +16072. +(a)The suspension of the driving privilege of a person as provided in Section 16070 shall not be terminated until one year has elapsed from the date of actual commencement of the suspension and until the person files proof of financial responsibility as provided in Chapter 3 (commencing with Section 16430), except that the suspension shall be reinstated if the person fails to maintain proof of financial responsibility for three years. However, in lieu of suspending a person’s driving privilege pursuant to this section, the department, upon application, if the person files and thereafter maintains proof of financial responsibility as provided in this section and pays a penalty fee to the department of two hundred fifty dollars ($250), may restrict the person’s driving privilege to any of the following situations: +(1)Necessary travel to and from that person’s place of employment. +(2)Driving that is required in the person’s course of employment, when driving a motor vehicle is necessary in order to perform the duties of the person’s primary employment. +(3)Driving himself or herself to or from school. For purposes of this paragraph, “school” means a California community college campus, a California State University campus, a University of California campus, or a private postsecondary educational institution. +(4)Necessary travel to transport a minor dependent in that person’s immediate family to and from an institute of primary or secondary educational instruction, if the chief administrative officer or principal of the educational institution certifies in writing to the department that the minor dependent is enrolled in the educational institution and no form of public transportation or schoolbus is available between the applicant’s place of residence and the educational institution. +(b)The restriction shall remain in effect for the period of suspension required by this section, so long as proof of financial responsibility is maintained. +(c)If a suspension has been imposed under Section 16070 and one year has elapsed from the date the suspension actually commenced, that suspension shall be terminated if the driving privilege is suspended under Section 16370 or 16381 as the result of a judgment arising out of the accident for which proof of financial responsibility was required to be established. The department may reimpose the suspension of the driving privilege of a person under Section 16070 if the suspension under Section 16370 or 16381 is later set aside for a reason other than that the person has satisfied the judgment in full or to the extent provided in Chapter 2 (commencing with Section 16250) and has given proof of ability to respond in damages as provided in Chapter 3 (commencing with Section 16430). +(d)Notwithstanding Chapter 2 (commencing with Section 42200) of Division 18, all revenues derived from the penalty fees provided in subdivision (a) shall, after deduction by the department of the costs incurred by the department in administering this section, be deposited in the Financial Responsibility Penalty Account in the General Fund. The balance in this fund on each July 1, which is not subject to appropriation as provided in Section 12980 of the Insurance Code, shall revert to the General Fund. +(e)(1)Subdivision (a) does not apply to a commercial driver’s license holder. +(2)A commercial driver’s licenseholder whose driving privilege is otherwise suspended under this chapter is not entitled to a restricted license, unless that person surrenders his or her commercial driver’s license and is issued a noncommercial class C or M driver’s license. +(f)This section shall become operative on July 1, 2016.","The California Constitution prohibits the Legislature from imposing taxes for local purposes, but allows the Legislature to authorize local governments to impose them. +This bill would authorize a local public entity that supplies water at retail or wholesale for the benefit of persons within the service area or area of jurisdiction of that public entity to impose, by ordinance, an excise tax on an excessive user of water, at a rate not to exceed 300% of the purchase price of the water, if the ordinance proposing the tax is approved by +2/3 +of the electors voting on the measure and the revenue from the tax is equally distributed between the public entity and the State Water Resources Control Board for water conservation efforts within the jurisdiction of the public entity. +Existing law requires the Department of Motor Vehicles to suspend the driving privilege of a person who is involved in an accident and fails to provide evidence of financial responsibility, as specified, at the time of the accident. Under existing law, the suspension period is one year, as specified, except that the suspension must be reinstated if the person fails to maintain proof of financial responsibility for 3 years. However, upon application and if certain criteria are met, the department may restrict the person’s driving privilege, in lieu of suspending it pursuant to this provision, in specified situations. +This bill would, commencing July 1, 2016, also authorize the department to restrict a person’s driving privilege, in lieu of suspending it, in order to allow the person to drive to school. For purposes of this authorization, the bill would define “school” to mean a California community college campus, a California State University campus, a University of California campus, or a private postsecondary educational institution.","An act to amend, repeal, and add Section 16072 of the Vehicle Code, relating to driver’s licenses. +An act to add Chapter 3.1 (commencing with Section 7287.20) to Part 1.7 of Division 2 of the Revenue and Taxation Code, relating to water +." +227,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2833 of the Public Utilities Code is amended to read: +2833. +(a) The commission shall require a green tariff shared renewables program to be administered by a participating utility in accordance with this section. +(b) Generating facilities participating in a participating utility’s green tariff shared renewables program shall be eligible renewable energy resources with a nameplate rated generating capacity not exceeding 20 megawatts, except for those generating facilities reserved for location in areas identified by the California Environmental Protection Agency as the most impacted and disadvantaged communities pursuant to paragraph (1) of subdivision (d), which shall not exceed one megawatt nameplate rated generating capacity. +(c) A participating utility shall use commission-approved tools and mechanisms to procure additional eligible renewable energy resources for the green tariff shared renewables program from electrical generation facilities that are in addition to those required by the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1). For purposes of this subdivision, “commission-approved tools and mechanisms” means those procurement methods approved by the commission for an electrical corporation to procure eligible renewable energy resources for purposes of meeting the procurement requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1). +(d) A participating utility shall permit customers within the service territory of the utility to purchase electricity pursuant to the tariff approved by the commission to implement the utility’s green tariff shared renewables program, until the utility meets its proportionate share of a statewide limitation of 600 megawatts of customer participation, measured by nameplate rated generating capacity. The proportionate share shall be calculated based on the ratio of each participating utility’s retail sales to total retail sales of electricity by all participating utilities. The commission may place other restrictions on purchases under a green tariff shared renewables program, including restricting participation to a certain level of capacity each year. The following restrictions shall apply to the statewide 600 megawatt limitation: +(1) (A) One hundred megawatts shall be reserved for facilities that are no larger than one megawatt nameplate rated generating capacity and that are located in areas previously identified by the California Environmental Protection Agency as the most impacted and disadvantaged communities. These communities shall be identified by census tract, and shall be determined to be the most impacted 20 percent based on results from the best available cumulative impact screening methodology designed to identify each of the following: +(i) Areas disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects, exposure, or environmental degradation. +(ii) Areas with socioeconomic vulnerability. +(B) (1) For purposes of this paragraph, “previously identified” means identified prior to commencing construction of the facility. +(2) Not less than 100 megawatts shall be reserved for participation by residential class customers. +(3) Twenty megawatts shall be reserved for the City of Davis. +(e) To the extent possible, a participating utility shall seek to procure eligible renewable energy resources that are located in reasonable proximity to enrolled participants. +(f) A participating utility’s green tariff shared renewables program shall support diverse procurement and the goals of commission General Order 156. +(g) A participating utility’s green tariff shared renewables program shall not allow a customer to subscribe to more than 100 percent of the customer’s electricity demand. +(h) Except as authorized by this subdivision, a participating utility’s green tariff shared renewables program shall not allow a customer to subscribe to more than two megawatts of nameplate generating capacity. This limitation does not apply to a federal, state, or local government, school or school district, county office of education, the California Community Colleges, the California State University, or the University of California. +(i) A participating utility’s green tariff shared renewables program shall not allow any single entity or its affiliates or subsidiaries to subscribe to more than 20 percent of any single calendar year’s total cumulative rated generating capacity. +(j) To the extent possible, a participating utility shall actively market the utility’s green tariff shared renewables program to low-income and minority communities and customers. +(k) Participating customers shall receive bill credits for the generation of a participating eligible renewable energy resource using the class average retail generation cost as established in the participating utility’s approved tariff for the class to which the participating customer belongs, plus a renewables adjustment value representing the difference between the time-of-delivery profile of the eligible renewable energy resource used to serve the participating customer and the class average time-of-delivery profile and the resource adequacy value, if any, of the resource contained in the utility’s green tariff shared renewables program. The renewables adjustment value applicable to a time-of-delivery profile of an eligible renewable energy resource shall be determined according to rules adopted by the commission. For these purposes, “time-of-delivery profile” refers to the daily generating pattern of a participating eligible renewable energy resource over time, the value of which is determined by comparing the generating pattern of that participating eligible renewable energy resource to the demand for electricity over time and other generating resources available to serve that demand. +(l) Participating customers shall pay a renewable generation rate established by the commission, the administrative costs of the participating utility, and any other charges the commission determines are just and reasonable to fully cover the cost of procuring a green tariff shared renewables program’s resources to serve a participating customer’s needs. +(m) A participating customer’s rates shall be debited or credited with any other commission-approved costs or values applicable to the eligible renewable energy resources contained in a participating utility’s green tariff shared renewables program’s portfolio. These additional costs or values shall be applied to new customers when they initially subscribe after the cost or value has been approved by the commission. +(n) Participating customers shall pay all otherwise applicable charges without modification. +(o) A participating utility shall permit a participating customer to subscribe to the program and be provided with a nonbinding estimate of reasonably anticipated bill credits and bill charges, as determined by the commission, for a period of up to 20 years. +(p) A participating utility shall provide support for enhanced community renewables programs to facilitate development of eligible renewable energy resource projects located close to the source of demand. +(q) The commission shall ensure that charges and credits associated with a participating utility’s green tariff shared renewables program are set in a manner that ensures nonparticipant ratepayer indifference for the remaining bundled service, direct access, and community choice aggregation customers and ensures that no costs are shifted from participating customers to nonparticipating ratepayers. +(r) A participating utility shall track and account for all revenues and costs to ensure that the utility recovers the actual costs of the utility’s green tariff shared renewables program and that all costs and revenues are fully transparent and auditable. +(s) Any renewable energy credits associated with electricity procured by a participating utility for the utility’s green tariff shared renewables program and utilized by a participating customer shall be retired by the participating utility on behalf of the participating customer. Those renewable energy credits shall not be further sold, transferred, or otherwise monetized for any purpose. Any renewable energy credits associated with electricity procured by a participating utility for the shared renewable energy self-generation program, but not utilized by a participating customer, shall be counted toward meeting that participating utility’s renewables portfolio standard. +(t) A participating utility shall, in the event of participant customer attrition or other causes that reduce customer participation or electrical demand below generation levels, apply the excess generation from the eligible renewable energy resources procured through the utility’s green tariff shared renewables program to the utility’s renewable portfolio standard procurement obligations or bank the excess generation for future use to benefit all customers in accordance with the renewables portfolio standard banking and procurement rules approved by the commission. +(u) In calculating its procurement requirements to meet the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1), a participating utility may exclude from total retail sales the kilowatthours generated by an eligible renewable energy resource that is credited to a participating customer pursuant to the utility’s green tariff shared renewables program, commencing with the point in time at which the generating facility achieves commercial operation. +(v) All renewable energy resources procured on behalf of participating customers in the participating utility’s green tariff shared renewables program shall comply with the State Air Resources Board’s Voluntary Renewable Electricity Program. California-eligible greenhouse gas allowances associated with these purchases shall be retired on behalf of participating customers as part of the board’s Voluntary Renewable Electricity Program. +(w) A participating utility shall provide a municipality with aggregated consumption data for participating customers within the municipality’s jurisdiction to allow for reporting on progress toward climate action goals by the municipality. A participating utility shall also publicly disclose, on a geographic basis, consumption data and reductions in emissions of greenhouse gases achieved by participating customers in the utility’s green tariff shared renewables program, on an aggregated basis consistent with privacy protections as specified in Chapter 5 (commencing with Section 8380) of Division 4.1. +(x) Nothing in this section prohibits or restricts a community choice aggregator from offering its own voluntary renewable energy programs to participating customers of the community choice aggregation. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. The Green Tariff Shared Renewables Program requires a participating utility, defined as being an electrical corporation with 100,000 or more customers in California, to file with the commission an application requesting approval of a tariff to implement a program enabling ratepayers to participate in electrical generation facilities that use eligible renewable energy resources, consistent with certain legislative findings and statements of intent. Existing law requires the commission, by July 1, 2014, to issue a decision concerning the participating utility’s application, determining whether to approve or disapprove the application, with or without modifications. Existing law requires the commission, after notice and opportunity for public comment, to approve the application if the commission determines that the proposed program is reasonable and consistent with the legislative findings and statements of intent and requires the commission to require that a participating utility’s green tariff shared renewables program be administered in accordance with specified provisions. Existing law repeals the program on January 1, 2019. +This bill would require the commission to additionally require that a participating utility’s green tariff shared renewables program permit a participating customer to subscribe to the program and be provided with a nonbinding estimate of reasonably anticipated bill credits and bill charges, as determined by the commission, for a period of up to 20 years. +Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. +Because the bill would require action by the commission to implement its requirements and a violation of those requirements would be a crime, the bill would impose a state-mandated local program by expanding the definition of a crime. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 2833 of the Public Utilities Code, relating to electricity." +228,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1031 of the Government Code is amended to read: +1031. +Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards: +(a) Be a citizen of the United States or a permanent resident alien who is eligible for and has applied for citizenship, except as provided in Section 2267 of the Vehicle Code. +(b) Be at least 18 years of age. +(c) Be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record. +(d) Be of good moral character, as determined by a thorough background investigation. +(e) Be a high school graduate, pass the General Education Development Test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, pass the California High School Proficiency Examination, or have attained a two-year, four-year, or advanced degree from an accredited college or university. The high school shall be either a United States public school, an accredited United States Department of Defense high school, or an accredited or approved public or nonpublic high school. Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using local or state government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA). +(f) Be found to be free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer. +(1) Physical condition shall be evaluated by a licensed physician and surgeon. +(2) Emotional and mental condition shall be evaluated by either of the following: +(A) A physician and surgeon who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program. +(B) A psychologist licensed by the California Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued postdoctorate. +The physician and surgeon or psychologist shall also have met any applicable education and training procedures set forth by the California Commission on Peace Officer Standards and Training designed for the conduct of preemployment psychological screening of peace officers. +(g) This section shall not be construed to preclude the adoption of additional or higher standards, including age. +SEC. 2. +Section 384a of the Penal Code is amended to read: +384a. +(a) (1) A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon state or county highway rights-of-way. +(2) A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon public land or upon land that is not his or hers without a written permit from the owner of the land, signed by the owner of the land or the owner’s authorized agent, as provided in subdivision (c). +(3) A person shall not knowingly sell, offer or expose for sale, or transport for sale plant material that is cut or removed in violation of this subdivision. +(b) For purposes of this section, “plant material” means a tree, shrub, fern, herb, bulb, cactus, flower, huckleberry, or redwood green, or a portion of any of those, or the leaf mold on those plants. “Plant material” does not include a tree, shrub, fern, herb, bulb, cactus, flower, or greens declared by law to be a public nuisance. +(c) (1) The written permit required by paragraph (2) of subdivision (a) shall be signed by the landowner, or the landowner’s authorized agent, and acknowledged before a notary public, or other person authorized by law to take acknowledgments. The permit shall contain the number and species of trees and amount of plant material, and shall contain the legal description of the real property as usually found in deeds and conveyances of the land on which cutting or removal shall take place. One copy of the permit shall be filed in the office of the sheriff of the county in which the land described in the permit is located. The permit shall be filed prior to the commencement of cutting or removal of plant material authorized by the permit. +(2) The permit required by this section need not be notarized or filed with the sheriff when five or less pounds of shrubs or boughs are to be cut or removed. +(d) A county or state fire warden; personnel of the Department of Forestry and Fire Protection, as designated by the Director of Forestry and Fire Protection; personnel of the United States Forest Service, as designated by the Regional Forester, Region 5, of the United States Forest Service; or a peace officer of the State of California, may enforce the provisions of this section and may confiscate any and all plant material unlawfully cut or removed or knowingly sold, offered, or exposed or transported for sale as provided in this section. +(e) This section does not apply to any of the following: +(1) An employee of the state or of a political subdivision of the state who is engaged in work upon a state, county, or public road or highway while performing work under the supervision of the state or a political subdivision of the state. +(2) A person engaged in the necessary cutting or trimming of plant material for the purpose of protecting or maintaining an electric powerline, telephone line, or other property of a public utility. +(3) A person engaged in logging operations or fire suppression. +(f) A violation of this section shall be a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment. +SEC. 3. +Section 849 of the Penal Code is amended to read: +849. +(a) When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before the magistrate. +(b) A peace officer may release from custody, instead of taking the person before a magistrate, a person arrested without a warrant in the following circumstances: +(1) The officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested. +(2) The person arrested was arrested for intoxication only, and no further proceedings are desirable. +(3) The person was arrested only for being under the influence of a controlled substance or drug and the person is delivered to a facility or hospital for treatment and no further proceedings are desirable. +(4) The person was arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate. +(c) The record of arrest of a person released pursuant to paragraphs (1) and (3) of subdivision (b) shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only. +SEC. 4. +Section 4131.5 of the Penal Code is amended and renumbered to read: +243.15. +Every person confined in, sentenced to, or serving a sentence in, a city or county jail, industrial farm, or industrial road camp in this state, who commits a battery upon the person of any individual who is not himself or herself a person confined or sentenced therein, is guilty of a public offense and is subject to punishment by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail for not more than one year. +SEC. 5. +Section 4504 of the Penal Code is amended to read: +4504. +For purposes of this chapter: +(a) A person is deemed confined in a “state prison” if he or she is confined in any of the prisons and institutions specified in Section 5003 by order made pursuant to law, including, but not limited to, commitments to the Department of Corrections and Rehabilitation or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, regardless of the purpose of the confinement and regardless of the validity of the order directing the confinement, until a judgment of a competent court setting aside the order becomes final. +(b) A person is deemed “confined in” a prison although, at the time of the offense, he or she is temporarily outside its walls or bounds for the purpose of serving on a work detail, for the purpose of confinement in a local correctional institution pending trial, or for any other purpose for which a prisoner may be allowed temporarily outside the walls or bounds of the prison. A prisoner who has been released on parole is not deemed “confined in” a prison for purposes of this chapter. +SEC. 6. +Section 5008 of the Public Resources Code is amended to read: +5008. +(a) The department shall protect the state park system and the state vehicular recreation area and trail system from damage and preserve the peace therein. +(b) The director may designate any officer or employee of the department as a peace officer. The primary duties of the peace officer shall be the enforcement of this division, Sections 4442 and 4442.5, the rules and regulations of the department, Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, the rules and regulations of the Division of Boating and Waterways within the department, Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code, and Division 16.5 (commencing with Section 38000) of the Vehicle Code and to arrest persons for the commission of public offenses within the property under its jurisdiction. The authority and powers of the peace officer shall be limited to those conferred by law upon peace officers listed in Section 830.2 of the Penal Code. +(c) The department shall protect property included in the California recreational trail system and the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980 from damage and preserve the peace therein. The primary duties of any officer or employee designated a peace officer under this section shall include enforcement of the rules and regulations established by the department and the arrest of persons for the commission of public offenses within the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980. +(d) Any person who violates the rules and regulations established by the department is guilty of either a misdemeanor, punishable by imprisonment in the county jail not exceeding 90 days, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, or an infraction punishable by a fine of not more than one thousand dollars ($1,000). +SEC. 7. +Section 1403 of the Welfare and Institutions Code is repealed.","(1) Existing law, when a person is arrested without a warrant, requires the person, if not otherwise released and without unnecessary delay, to be taken before the nearest or most accessible magistrate in the county in which the offense is triable, unless certain exemptions apply, including that the person was arrested for intoxication only and no further proceedings are desirable. +This bill would exempt a person from the requirement of, without unnecessary delay, being taken before the nearest or most accessible magistrate in the county in which the offense is triable if the person is arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate. +(2) Existing law requires the Department of Parks and Recreation to protect the state park system and the state vehicular recreation area and trail system from damage and to preserve the peace therein. Existing law provides that a person who violates the rules and regulations established by the department is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment, as specified, except that at the time a particular action is commenced, the judge may, considering the recommendation of the prosecuting attorney, reduce the charged offense from a misdemeanor to an infraction. Existing law also requires that a person who is convicted of the offense after that reduction be punished by a fine of not less than $10 nor more than $1,000. +This bill would instead make a person who violates those rules and regulations guilty of either a misdemeanor, punishable as provided under existing law, or an infraction, punishable by a fine of not more than $1,000. The bill would delete the mandatory minimum fine. +(3) Existing law, the Interstate Compact for Juveniles, adopted by this state and effective until January 1, 2016, establishes an interstate commission of the compacting states to, among other things, oversee, supervise, and coordinate the interstate movement of juveniles. +This bill would delete the repeal date of these provisions, and would thereby extend the operation of the provisions indefinitely. +(4) This bill would make other technical, nonsubstantive changes.","An act to amend Section 1031 of the Government Code, to amend Sections 384a, 849, and 4504 of, and to amend and renumber Section 4131.5 of, the Penal Code, to amend Section 5008 of the Public Resources Code, and to repeal Section 1403 of the Welfare and Institutions Code, relating to public safety." +229,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 16430 of the Government Code is amended to read: +16430. +Eligible securities for the investment of surplus moneys shall be any of the following: +(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. +(b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States. +(c) Bonds, notes, and warrants of this state, or those for which the faith and credit of this state are pledged for the payment of principal and interest. +(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the state, municipal utility district, or school district of this state. +(e) Any of the following: +(1) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended (12 U.S.C. Sec. 2001 et seq.). +(2) Debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended (12 U.S.C. Sec. 2001 et seq.). +(3) Bonds or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act (12 U.S.C. Sec. 1421 et seq.). +(4) Stocks, bonds, debentures, and other obligations of the Federal National Mortgage Association established under the National Housing Act, as amended (12 U.S.C. Sec. 1701 et seq.). +(5) Bonds of any federal home loan bank established under that act. +(6) Obligations of the Federal Home Loan Mortgage Corporation. +(7) Bonds, notes, and other obligations issued by the Tennessee Valley Authority under the Tennessee Valley Authority Act, as amended (16 U.S.C. Sec. 831 et seq.). +(8) Other obligations guaranteed by the Commodity Credit Corporation for the export of California agricultural products under the Commodity Credit Corporation Charter Act, as amended (15 U.S.C. Sec. 714 et seq.). +(f) (1) Commercial paper of “prime” quality as defined by a nationally recognized organization that rates these securities, if the commercial paper is issued by a federally or state-chartered bank or a state-licensed branch of a foreign bank, corporation, trust, or limited liability company that is approved by the Pooled Money Investment Board as meeting the conditions specified in either subparagraph (A) or subparagraph (B): +(A) Both of the following conditions: +(i) Organized and operating within the United States. +(ii) Having total assets in excess of five hundred million dollars ($500,000,000). +(B) Both of the following conditions: +(i) Organized within the United States as a federally or state-chartered bank or a state-licensed branch of a foreign bank, special purpose corporation, trust, or limited liability company. +(ii) Having programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or surety bond. +(2) A purchase of eligible commercial paper may not do any of the following: +(A) Exceed 270 days maturity. +(B) Represent more than 10 percent of the outstanding paper of an issuing federally or state-chartered bank or a state-licensed branch of a foreign bank, corporation, trust, or limited liability company. +(C) Exceed 30 percent of the resources of an investment program. +(3) At the request of the Pooled Money Investment Board, an investment made pursuant to this subdivision shall be secured by the issuer by depositing with the Treasurer securities authorized by Section 53651 of a market value at least 10 percent in excess of the amount of the state’s investment. +(g) Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as bankers acceptances, that are eligible for purchase by the Federal Reserve System. +(h) Negotiable certificates of deposits issued by a federally or state-chartered bank or savings and loan association, a state-licensed branch of a foreign bank, or a federally or state-chartered credit union. For the purposes of this section, negotiable certificates of deposits are not subject to Chapter 4 (commencing with Section 16500) and Chapter 4.5 (commencing with Section 16600). +(i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. +(j) Bank loans and obligations guaranteed by the Export-Import Bank of the United States. +(k) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1001 et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. Sec. 1087-2). +(l) Obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the International Finance Corporation, or the Government Development Bank of Puerto Rico. +(m) Bonds, debentures, and notes issued by corporations organized and operating within the United States. Securities eligible for investment under this subdivision shall be within the top three ratings of a nationally recognized rating service. +(n) Negotiable Order of Withdrawal Accounts (NOW Accounts), invested in accordance with Chapter 4 (commencing with Section 16500). +SEC. 2. +Title 4.5 (commencing with Section 4400) of Part 3 of the Penal Code is repealed. +SEC. 3. +Title 4.6 (commencing with Section 4450) of Part 3 of the Penal Code is repealed. +SEC. 4. +Chapter 12 (commencing with Section 7100) of Title 7 of Part 3 of the Penal Code is repealed. +SEC. 5. +Chapter 13 (commencing with Section 7200) of Title 7 of Part 3 of the Penal Code is repealed. +SEC. 6. +Chapter 1.6 (commencing with Section 5096.1) of Division 5 of the Public Resources Code is repealed. +SEC. 7. +Chapter 1.67 (commencing with Section 5096.71) of Division 5 of the Public Resources Code is repealed. +SEC. 8. +Article 5.5 (commencing with Section 11922) of Chapter 10 of Part 3 of Division 6 of the Water Code is repealed. +SEC. 9. +Chapter 13 (commencing with Section 13970) of Division 7 of the Water Code is repealed. +SEC. 10. +Chapter 14 (commencing with Section 13985) of Division 7 of the Water Code is repealed.","Existing law specifies the types of securities that are eligible for the investment of surplus state funds, including commercial paper of “prime” quality as defined by a nationally recognized organization that rates these securities, if the commercial paper is issued by a corporation, trust, or limited liability company that is approved by the Pooled Money Investment Board as meeting specified conditions. Existing law prohibits a purchase of commercial paper from exceeding 180 days maturity. +This bill would additionally include commercial paper issued by a federally or state-chartered bank or a state-licensed branch of a foreign bank that is approved by the Pooled Money Investment Board as meeting the specified conditions. This bill would prohibit a purchase of commercial paper from exceeding 270 days maturity. +The County Jail Capital Expenditure Bond Act of 1981 authorized the issuance and sale of $280,000,000 in state general obligation bonds to finance the construction, reconstruction, remodeling, and replacement of county jails and for deferred maintenance. The act establishes the County Jail Capital Expenditure Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. +The County Jail Capital Expenditure Bond Act of 1984 authorized the issuance and sale of $250,000,000 in state general obligation bonds to finance the construction, reconstruction, remodeling, and replacement of county jails and for deferred maintenance. The act establishes the County Jail Capital Expenditure Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. +The New Prison Construction Bond Act of 1981 authorized the issuance and sale of $495,000,000 in state general obligation bonds to finance the construction, renovation, and remodeling of state correctional facilities and for deferred maintenance. The act establishes the New Prison Construction Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. +The New Prison Construction Bond Act of 1984 authorized the issuance and sale of $300,000,000 in state general obligation bonds to finance the construction, renovation, and remodeling of state correctional facilities and for deferred maintenance. The act establishes the 1984 Prison Construction Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. +The Cameron-Unruh Beach, Park, Recreational, and Historical Facilities Bond Act of 1964 authorized the issuance and sale of $150,000,000 in state general obligation bonds to finance the acquisition and development of lands for recreational purposes. The act establishes the State Park and Recreation Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. +The State Beach, Park, Recreational, and Historical Facilities Bond Act of 1974, also known as the Z’berg-Collier Park Bond Act, authorized the issuance and sale of $250,000,000 in state general obligation bonds to finance the acquisition and development of lands for recreational purposes. The act establishes the State Park and Recreation Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. +Existing law, known as the Recreation and Fish and Wildlife Enhancement Bond Act of 1970, authorized the issuance and sale of $60,000,000 in state general obligation bonds to finance the design and construction of recreation facilities, fish and wildlife enhancement features, and fishing access sites. Existing law establishes the Recreation and Fish and Wildlife Enhancement Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by these provisions. +The Clean Water Bond Law of 1970 authorized the issuance and sale of $250,000,000 in state general obligation bonds to finance grants to municipalities for water reclamation projects. The Clean Water Bond Law of 1970 establishes the Clean Water Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by these provisions. +The Clean Water Bond Law of 1974 authorized the issuance and sale of $250,000,000 in state general obligation bonds to finance grants to municipalities for water reclamation projects. The Clean Water Bond Law of 1974 establishes the Clean Water Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by these provisions. +This bill would repeal all of the above-described laws.","An act to amend Section 16430 of the Government Code, to repeal Title 4.5 (commencing with Section 4400), and Title 4.6 (commencing with Section 4450) of Part 3 of, to repeal Chapter 12 (commencing with Section 7100) and Chapter 13 (commencing with Section 7200) of Title 7 of Part 3 of, the Penal Code, to repeal Chapter 1.6 (commencing with Section 5096.1) and Chapter 1.67 (commencing with Section 5096.71) of Division 5 of the Public Resources Code, and to repeal Article 5.5 (commencing with Section 11922) of Chapter 10 of Part 3 of Division 6 of, and to repeal Chapter 13 (commencing with Section 13970) and Chapter 14 (commencing with Section 13985) of Division 7 of, the Water Code, relating to government finance." +230,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 41030 of the Revenue and Taxation Code, as amended by Chapter 926 of the Statutes of 2014, is amended to read: +41030. +(a) The Office of Emergency Services shall determine annually, on or before October 1, to be effective on January 1 of the following year, a surcharge rate pursuant to subdivision (b) that it estimates will produce sufficient revenue to fund the current fiscal year’s 911 costs. +(b) (1) The surcharge rate shall be determined by dividing the costs (including incremental costs) the Office of Emergency Services estimates for the current fiscal year of 911 costs approved pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, less the available balance in the State Emergency Telephone Number Account in the General Fund, by its estimate of the charges for intrastate telephone communications services and VoIP service to which the surcharge will apply for the period of January 1, 2015, to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be greater than three-quarters of 1 percent nor less than one-half of 1 percent. +(2) Commencing with the calculation made October 1, 2015, to be effective January 1, 2016, the surcharge shall be determined by dividing the costs (including incremental costs) the Office of Emergency Services estimates for the current fiscal year of 911 costs approved pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, less the available balance in the State Emergency Telephone Number Account in the General Fund, by its estimate of the charges for intrastate telephone communications services, the intrastate portion of prepaid mobile telephony services, and VoIP service to which the surcharge will apply for the period of January 1 to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be greater than three-quarters of 1 percent or less than one-half of 1 percent. In making its computation of the charges that are applicable to the intrastate portion of prepaid mobile telephony services, the Office of Emergency Services shall use the computation method developed by the Public Utilities Commission and reported to the Office of Emergency Services pursuant to subdivisions +(a) and +(b) +and (c) +of Section 319 of the Public Utilities Code. +(c) When determining the surcharge rates pursuant to this section, the office shall include the costs it expects to incur to plan, test, implement, and operate Next Generation 911 technology and services, including text to 911 service, consistent with the plan and timeline required by Section 53121 of the Government Code. +(d) The office shall notify the board of the surcharge rate +imposed under this part and +determined pursuant to this section +on or before October 1 of each year +and the surcharge rate applicable to prepaid mobile telephony services +by +determined pursuant to this section for purposes of the prepaid MTS surcharge calculated under Part 21 (commencing with Section 42001) on or before +October 15 of each year. +(e) At least 30 days prior to determining the surcharge pursuant to subdivision (a), the Office of Emergency Services shall prepare a summary of the calculation of the proposed surcharge and make it available to the public, the Legislature, the 911 Advisory Board, and on its Internet Web site. The summary shall contain all of the following: +(1) The prior year revenues to fund 911 costs, including, but not limited to, revenues from prepaid service. +(2) Projected expenses and revenues from all sources, including, but not limited to, prepaid service to fund 911 costs. +(3) The rationale for adjustment to the surcharge determined pursuant to subdivision (b), including, but not limited to, all impacts from the surcharge collected pursuant to Part 21 (commencing with Section 42001). +(f) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 2. +Section 41032 of the Revenue and Taxation Code is amended to read: +41032. +Immediately upon notification by the Office of Emergency Services and fixing the surcharge rate, the board shall each year no later than November 15 publish in its minutes the new rate, and it shall notify +by mail +every service supplier registered with it of the new rate +by means then available to it, including, but not limited to, mail, electronic mail, or Internet Web site postings +. +SEC. 3. +Section 42010 of the Revenue and Taxation Code is amended to read: +42010. +(a) (1) On and after January 1, 2016, a prepaid MTS surcharge shall be imposed on each prepaid consumer and shall be collected by a seller from each prepaid consumer at the time of each retail transaction in this state. The prepaid MTS surcharge shall be imposed as a percentage of the sales price of each retail transaction that occurs in this state. +(2) The prepaid MTS surcharge shall be in lieu of any charges imposed pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) and the Public Utilities Commission surcharges for prepaid mobile telephony services. +(b) The prepaid MTS surcharge shall be annually calculated by the board by no later than November 1 of each year commencing November 1, 2015, by adding the following: +(1) The surcharge rate reported pursuant to subdivision (d) of Section 41030. +(2) The Public Utilities Commission’s reimbursement fee and telecommunications universal service surcharges, established by the Public Utilities Commission pursuant to subdivisions +(a) and +(b) +and (c) +of Section 319 of the Public Utilities Code. +(c) (1) The board shall post, for each local jurisdiction, the combined total of the rates of prepaid MTS surcharge and the rate or rates of local charges, as calculated pursuant to Sections 42102 and 42102.5, that each local jurisdiction has adopted, not later than December 1 of each year, on its Internet Web site. The posted combined rate shall be the rate that applies to all retail transactions during the calendar year beginning April 1 following the posting. +(2) Notwithstanding paragraph (1), if a local agency notifies the board pursuant to subdivision (d) of Section 42101.5 that the posted rate is inaccurate or it no longer imposes a local charge or local charges or that the rate of its local charge or local charges has decreased, the board shall promptly post a recalculated rate that is applicable to the jurisdiction of that local agency. The change shall become operative on the first day of the calendar quarter commencing more than 60 days from the date the local agency notifies the board of the inaccuracy or that it no longer imposes a local charge or that the rate of its local charge has decreased. Nothing in this section modifies the notice obligations of Section 799 of the Public Utilities Code. However, beginning January 1, 2016, the notification and implementation requirements of paragraphs (5) and (6) of subdivision (a) of Section 799 of the Public Utilities Code shall not apply to prepaid mobile telephony services. +(3) The board shall also separately post on its Internet Web site the individual rates for each of the following: +(A) Each of the Public Utilities Commission surcharges that make up the Public Utilities Commission surcharge portion of the prepaid MTS surcharge, as reported pursuant to Section 319 of the Public Utilities Code. +(B) The percentage for the emergency telephone users surcharge reported pursuant to subdivision +(c) +(d) +of Section 41030. +(C) Each of the individual local charges reported pursuant to Section 42101.5. +(4) A seller collecting the prepaid MTS surcharge and local charges pursuant to this part and Part 21.1 (commencing with Section 42100) may rely upon the accuracy of the information posted on the board’s Internet Web site in collecting and remitting all amounts of the prepaid MTS surcharge and local charges. +(d) (1) Except for amounts retained pursuant to subdivision (e), and except as provided in subdivision (f) for a seller that is a direct seller, all amounts of the prepaid MTS surcharge and local charges collected by sellers shall be remitted to the board pursuant to Chapter 3 (commencing with Section 42020). +(2) A seller that is authorized to provide lifeline service under the state lifeline program or federal lifeline program, that sells prepaid mobile telephony services directly to the prepaid customer, shall remit the prepaid MTS surcharge to the board, less any applicable exemption from the surcharge that is applicable to the retail transaction pursuant to Section 42012. +(e) A seller that is not a direct seller shall be permitted to deduct and retain an amount equal to 2 percent of the amounts that are collected by the seller from prepaid consumers for the prepaid MTS surcharge and local charges, on a pro rata basis, according to that portion of the revenues collected by the seller for each of the following: +(1) The emergency telephone users surcharge. +(2) The Public Utilities Commission surcharges. +(3) Local charges. +(f) A direct seller shall remit the prepaid MTS surcharge and local charges as follows: +(1) That portion of the prepaid MTS surcharge that consists of the Public Utilities Commission surcharges shall be remitted to the commission with those reports required by the commission. +(2) That portion of the prepaid MTS surcharge that consists of the emergency telephone users surcharge shall be remitted to the board pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) for those retail transactions with a prepaid consumer in the state. +(3) Local charges, if applicable, shall be remitted to the local jurisdiction or local agency imposing the local charge. Remittance of the local charges shall be separately identified from any other local taxes or other charges that are remitted to the local jurisdiction or local entity imposing the local tax or other charge. +(g) A direct seller shall utilize the amounts posted by the board pursuant to subdivision (c) when determining what amounts to remit to the Public Utilities Commission, board, and each local jurisdiction or local agency. +(h) A prepaid MTS provider shall offer prepaid consumers the option to make payment for additional prepaid usage directly to the prepaid MTS provider at the provider’s retail location or Internet Web site. +(i) The amount of the combined prepaid MTS surcharge and local charges shall be separately stated on an invoice, receipt, or other similar document that is provided to the prepaid consumer of mobile telephony services by the seller, or otherwise disclosed electronically to the prepaid consumer, at the time of the retail transaction. +(j) The prepaid MTS surcharge that is required to be collected by a seller and any amount unreturned to the prepaid consumer of mobile telephony services that is not owed as part of the surcharge, but was collected from the prepaid consumer under the representation by the seller that it was owed as part of the surcharge, constitute debts owed by the seller to this state. The local charge +shall +that is required to +be collected by a +seller, +seller +and any amount unreturned to the prepaid consumer of mobile telephony services that is not owed as part of the local +charge +charge, +but that was collected from the prepaid consumer under the representation by the seller that it was owed as part of the local +charge +charge, +constitutes +a debt +debts +owed by the seller jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing that local charge. +(k) A seller that has collected any amount of prepaid MTS surcharge and local charges in excess of the amount of the surcharge imposed by this part and actually due from a prepaid consumer may refund that amount to the prepaid consumer, even though the surcharge amount has already been paid over to the board and no corresponding credit or refund has yet been secured. Any seller making a refund of any charge to a prepaid consumer may repay therewith the amount of the surcharge paid. +(l) (1) Every prepaid consumer of mobile telephony services in this state is liable for the prepaid MTS surcharge and any local charges until they have been paid to this state, except that payment to a seller registered under this part relieves the prepaid consumer from further liability for the surcharge and local charges. Any surcharge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed to the state by the person required to collect and remit the surcharge. Any local charge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing the local charge by the person required to collect and remit the local charge. Nothing in this part shall impose any obligation upon a seller to take any legal action to enforce the collection of the surcharge or local charge imposed by this section. +(2) A credit shall be allowed against, but shall not exceed, the prepaid MTS surcharge and local charges imposed on any prepaid consumer of mobile telephony services by this part to the extent that the prepaid consumer has paid emergency telephone users charges, state utility regulatory commission fees, state universal service charges, or local charges on the purchase to any other state, political subdivision thereof, or the District of Columbia. The credit shall be apportioned to the charges against which it is allowed in proportion to the amounts of those charges. +(m) (1) A seller is relieved from liability to collect the prepaid MTS surcharge imposed by this part that became due and payable, insofar as the base upon which the surcharge is imposed is represented by accounts that have been found to be worthless and charged off for income tax purposes by the seller or, if the seller is not required to file income tax returns, charged off in accordance with generally accepted accounting principles. A seller that has previously paid the surcharge may, under rules and regulations prescribed by the board, take as a deduction on its return the amount found worthless and charged off by the seller. If any such accounts are thereafter in whole or in part collected by the seller, the amount so collected shall be included in the first return filed after such collection and the surcharge shall be paid with the return. +(2) The board may by regulation promulgate such other rules with respect to uncollected or worthless accounts as it shall deem necessary to the fair and efficient administration of this part. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to allow sufficient time to promulgate and adopt regulations necessary to implement the recently enacted Prepaid Mobile Telephony Services Surcharge Act (Part 21 (commencing with Section 42001) of Division 2 of the Revenue and Taxation Code) and Local Prepaid Mobile Telephony Services Collection Act (Part 21.1 (commencing with Section 42100) of Division 2 of the Revenue and Taxation Code), it is necessary that this act take effect immediately.","The Emergency Telephone Users Surcharge Act generally imposes a surcharge on amounts paid by every person in the state for intrastate telephone service to provide revenues sufficient to fund “911” emergency telephone system costs, and requires the Office of Emergency Services to annually determine the surcharge rate. Commencing with the calculation made October 1, 2015, existing law requires the office to compute the charges applicable to the intrastate portion of prepaid mobile telephony services, as provided. +The Prepaid Mobile Telephony Service Surcharge Collection Act establishes a prepaid MTS surcharge, as defined, based upon a percentage of the sales price of each retail transaction that occurs in this state for prepaid mobile telephony services, as defined, that is imposed in lieu of any charges imposed pursuant to the Emergency Telephone Users Surcharge Act and specified Public Utility Commission surcharges. That act requires the prepaid MTS surcharge to be annually calculated by the State Board of Equalization by November 1 of each year, commencing November 1, 2015, by using the emergency telephone user surcharge rate reported by the office and specified Public Utility Commission surcharges. +The Emergency Telephone Users Surcharge Act requires the office to notify the board of the emergency telephone user surcharge rate and the emergency telephone user surcharge rate applicable to prepaid mobile telephony services by October 15 of each year. +This bill would instead require the office to notify the board of the emergency telephone user surcharge rate by October 1. +The Emergency Telephone Users Surcharge Act requires, immediately upon notification by the office and fixing the surcharge rate, the board to notify by mail every registered service supplier of the new rate. +This bill would instead require the board to notify every registered service supplier of the new rate by means then available to it, including, but not limited to, mail, electronic mail, or Internet Web site postings. +This bill would make other technical, nonsubstantive changes. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 41030, 41032, and 42010 of the Revenue and Taxation Code, relating to taxation, and declaring the urgency thereof, to take effect immediately." +231,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 27375 of the Vehicle Code is amended to read: +27375. +(a) Any person who operates a modified limousine shall ensure that the vehicle has at least two rear side doors, as specified in paragraph (2), and one or two rear windows, as specified in paragraph (1), that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency that may require the immediate exit of the passengers of the vehicle. A limousine subject to this subdivision shall be equipped with both of the following: +(1) (A) Except as provided in subparagraph (B), at least two rear push-out windows that are accessible to all passengers. At least one push-out window shall be located on each side of the vehicle, unless the design of the limousine precludes the installation of a push-out window on one side of the vehicle, in which case the second push-out window shall instead be located in the roof of the vehicle. +(B) If the design of the limousine precludes the installation of even one push-out window on a side of the vehicle, one push-out window shall instead be located in the roof of the vehicle. +(C) The Department of the California Highway Patrol shall establish, by regulation, standards to ensure that window exits are operable and sufficient in emergency situations for limousine passengers. The department shall ensure that these regulations comply with any applicable federal motor vehicle safety standards. +(D) For modified limousines modified prior to July 1, 2015, the requirements of this paragraph shall apply on and after January 1, 2018. +(2) (A) At least two rear side doors that are accessible to all passengers and that may be opened manually by any passenger. At least one rear side door shall be located on each side of the vehicle. +(B) For modified limousines modified on or after July 1, 2015, at least one of these side doors shall be located near the driver’s compartment and another near the back of the vehicle. +(C) The rear side doors shall comply with any applicable federal motor vehicle safety standards as deemed necessary by the Department of the California Highway Patrol. +(b) In the case of a fire or other emergency that requires the immediate exit of the passengers from the limousine, the driver of the limousine shall unlock the doors so that the rear side doors can be opened by the passengers from the inside of the vehicle. +(c) An owner or operator of a limousine shall do all of the following: +(1) Instruct all passengers on the safety features of the vehicle prior to the beginning of any trip, including, but not limited to, instructions for lowering the partition between the driver and passenger compartments and for communicating with the driver by the use of an intercom or other onboard or wireless device. +(2) Disclose to the contracting party and the passengers whether the limousine meets the safety requirements described in this section. +(3) If paragraph (1) of subdivision (d) applies, the owner or operator of a limousine shall further disclose to the contracting party and the passengers that the limousine does not meet the safety requirements required in subdivision (a) regarding vehicle escape options because of its exempt status, and therefore may pose a greater risk to passengers should emergency escape be necessary. +(d) (1) Except as provided in paragraph (2), subdivision (a) shall not apply to any limousine manufactured before 1970 that has an active transportation charter-party carrier (TCP) number that was issued by the commission as of August 15, 2013. +(2) Subdivision (a) shall apply to any limousine manufactured before 1970 if it was modified after August 15, 2013. +SEC. 2. +Section 34501 of the Vehicle Code is amended to read: +34501. +(a) (1) The department shall adopt reasonable rules and regulations that, in the judgment of the department, are designed to promote the safe operation of vehicles described in Section 34500, regarding, but not limited to, controlled substances and alcohol testing of drivers by motor carriers, hours of service of drivers, equipment, fuel containers, fueling operations, inspection, maintenance, recordkeeping, accident reports, and drawbridges. The rules and regulations shall not, however, be applicable to schoolbuses, which shall be subject to rules and regulations adopted pursuant to Section 34501.5. +The rules and regulations shall exempt local law enforcement agencies, within a single county, engaged in the transportation of inmates or prisoners when those agencies maintain other motor vehicle operations records which furnish hours of service information on drivers which are in substantial compliance with the rules and regulations. This exemption does not apply to any local law enforcement agency engaged in the transportation of inmates or prisoners outside the county in which the agency is located, if that agency would otherwise be required, by existing law, to maintain driving logs. +(2) The department may adopt rules and regulations relating to commercial vehicle safety inspection and out-of-service criteria. In adopting the rules and regulations, the commissioner may consider the commercial vehicle safety inspection and out-of-service criteria adopted by organizations such as the Commercial Vehicle Safety Alliance, other intergovernmental safety group, or the United States Department of Transportation. The commissioner may provide departmental representatives to that alliance or other organization for the purpose of promoting the continued improvement and refinement of compatible nationwide commercial vehicle safety inspection and out-of-service criteria. +(3) The commissioner shall appoint a committee of 15 members, consisting of representatives of industry subject to the regulations to be adopted pursuant to this section, to act in an advisory capacity to the department, and the department shall cooperate and confer with the advisory committee so appointed. The commissioner shall appoint a separate committee to advise the department on rules and regulations concerning wheelchair lifts for installation and use on buses, consisting of persons who use the wheelchair lifts, representatives of transit districts, representatives of designers or manufacturers of wheelchairs and wheelchair lifts, and representatives of the Department of Transportation. +(4) The department may inspect any vehicles in maintenance facilities or terminals, as well as any records relating to the dispatch of vehicles or drivers, and the pay of drivers, to ensure compliance with this code and regulations adopted pursuant to this section. +(b) The department, using the definitions adopted pursuant to Section 2402.7, shall adopt regulations for the transportation of hazardous materials in this state, except the transportation of materials which are subject to other provisions of this code, that the department determines are reasonably necessary to ensure the safety of persons and property using the highways. The regulations may include provisions governing the filling, marking, packing, labeling, and assembly of, and containers that may be used for, hazardous materials shipments, and the manner by which the shipper attests that the shipments are correctly identified and in proper condition for transport. +(c) (1) At least once every 13 months, the department shall inspect every maintenance facility or terminal of any person who at any time operates any bus. If the bus operation includes more than 100 buses, the inspection shall be without prior notice. +(2) This subdivision does not preclude the department from conducting inspections of tour bus operations with fewer than 100 buses without prior notice. To the extent possible, the department shall conduct inspections without prior notice of any tour bus operation, including tour bus operations that have a history of noncompliance with safety laws or regulations, that have received unsatisfactory ratings, or that have had buses ordered out of service for safety violations. +(3) If a tour bus operator receives an unsatisfactory rating, the department shall conduct a followup inspection between 30 and 90 days after the initial inspection during which the unsatisfactory rating was received. +(d) The commissioner shall adopt and enforce regulations which will make the public or private users of any bus aware of the operator’s last safety rating. +(e) It is unlawful and constitutes a misdemeanor for any person to operate any bus without the inspections specified in subdivision (c) having been conducted. +(f) The department may adopt regulations restricting or prohibiting the movement of any vehicle from a maintenance facility or terminal if the vehicle is found in violation of this code or regulations adopted pursuant to this section. +SEC. 3. +Section 34505.1 of the Vehicle Code is amended to read: +34505.1. +(a) Upon determining that a tour bus carrier or modified limousine carrier has either (1) failed to maintain any vehicle used in transportation for compensation in a safe operating condition or to comply with the Vehicle Code or with regulations contained in Title 13 of the California Code of Regulations relative to motor carrier safety, and, in the department’s opinion, that failure presents an imminent danger to public safety or constitutes such a consistent failure as to justify a recommendation to the Public Utilities Commission or the United States Department of Transportation or (2) failed to enroll all drivers in the pull notice system as required by Section 1808.1, the department shall recommend to the Public Utilities Commission that the carrier’s operating authority be suspended, denied, or revoked, or to the United States Department of Transportation that appropriate administrative action be taken against the carrier’s interstate operating authority, whichever is appropriate. For purposes of this subdivision, two consecutive unsatisfactory compliance ratings for an inspected terminal assigned because the tour bus carrier or modified limousine carrier failed to comply with the periodic report requirements of Section 1808.1 or the cancellation of the carrier’s enrollment by the Department of Motor Vehicles for nonpayment of required fees may be determined by the department to be a consistent failure. However, when recommending denial of an application for new or renewal authority, the department need not conclude that the carrier’s failure presents an imminent danger to public safety or that it constitutes a consistent failure. The department need only conclude that the carrier’s compliance with the safety-related matters described in paragraph (1) of subdivision (a) is sufficiently unsatisfactory to justify a recommendation for denial. The department shall retain a record, by carrier, of every recommendation made pursuant to this section. +(b) Before transmitting a recommendation pursuant to subdivision (a), the department shall notify the carrier in writing of all of the following: +(1) That the department has determined that the carrier’s safety record is unsatisfactory, furnishing a copy of any documentation or summary of any other evidence supporting the determination. +(2) That the determination may result in a suspension, revocation, or denial of the carrier’s operating authority by the Public Utilities Commission or the United States Department of Transportation, as appropriate. +(3) That the carrier may request a review of the determination by the department within five days of its receipt of the notice required under this subdivision. If a review is requested by the carrier, the department shall conduct and evaluate that review prior to transmitting any notification pursuant to subdivision (a). +(c) Notwithstanding subdivision (a) or (b), upon determining during a terminal inspection or at any other time that the condition of a tour bus is such that it has multiple safety violations of a nature that operation of the tour bus could constitute an imminent danger to public safety, the department shall immediately order the tour bus out of service. The tour bus shall not be subsequently operated with passengers until all of the safety violations have been corrected and the department has verified the correction of the safety violations upon a subsequent inspection by the department of the tour bus, which shall occur within five business days of the submission of a reinspection request from the tour bus carrier to the department. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law, on and after January 1, 2017, requires any person operating a modified limousine that is modified prior to July 1, 2015, to ensure that the vehicle is equipped with one or 2 rear windows that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency. +This bill would extend the operative date of this requirement to January 1, 2018. +(2) Existing law defines a tour bus to include any bus operated by or for a charter-party carrier of passengers or a passenger stage corporation, with a bus in this respect defined to mean any vehicle designed, used, or maintained for carrying more than 10 persons, including the driver. Existing law provides for the Department of the California Highway Patrol to regulate the safe operation of various classes of vehicles, including tour buses. A violation of various statutes and regulations governing tour buses and operators of tour buses is a crime. +Existing law also requires the department, at least once every 13 months, to inspect every maintenance facility or terminal of any person who at any time operates any bus. Existing law requires that if the bus operation includes more than 100 buses, the inspection shall be without prior notice. +This bill would require the department, if a tour bus has received an unsatisfactory compliance rating, to conduct a followup inspection between 30 and 90 days after the initial inspection during which the unsatisfactory rating was received. The bill would require the department to order a tour bus out of service upon determining during a terminal inspection or at any other time that the condition of a tour bus is such that it has multiple safety violations of a nature that operation of the tour bus could constitute an imminent danger to public safety. The bill would prohibit the tour bus from being operated with passengers until all of the safety violations have been corrected and the department has verified the correction of the safety violations upon a subsequent inspection by the department of the tour bus, which shall occur within five business days of the submission of a reinspection request from the tour bus carrier. By creating a new crime, the bill would impose a state-mandated local program. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 27375, 34501, and 34505.1 of the Vehicle Code, relating to transportation." +232,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 3.3 (commencing with Section 365) is added to Division 1 of the Water Code, to read: +CHAPTER 3.3. Excessive Residential Water Use During Drought +365. +(a) The Legislature finds and declares that this chapter furthers important state policies of encouraging water conservation and protecting water resources in the interest of the people and for the public welfare. +(b) For the purposes of this chapter, “urban retail water supplier” has the same meaning as provided in Section 10608.12. +366. +(a) During periods described in subdivision (a) of Section 367, excessive water use is prohibited by a residential customer in a single-family residence or by a customer in a multiunit housing complex in which each unit is individually metered or submetered by the urban retail water supplier. +(b) Each urban retail water supplier shall establish a method to identify and discourage excessive water use, through one of the following options: +(1) Establishing a rate structure, subject to applicable constitutional and statutory limitations, that includes block tiers, water budgets, or rate surcharges over and above base rates for excessive water use by a residential water customer. +(2) (A) Establishing an excessive water use ordinance, rule, or tariff condition, or amending an existing ordinance, rule, or tariff condition, that includes a definition of or a procedure to identify and address excessive water use by metered single-family residential customers and customers in multiunit housing complexes in which each unit is individually metered or submetered and may include a process to issue written warnings to a customer and perform a site audit of customer water usage prior to deeming the customer in violation. +(B) For the purposes of subparagraph (A), excessive water use shall be measured in terms of either gallons or hundreds of cubic feet of water used during the urban retail water supplier’s regular billing cycle. In establishing the definition of excessive use, the urban retail water supplier may consider factors that include, but are not limited to, all of the following: +(i) Average daily use. +(ii) Full-time occupancy of households. +(iii) Amount of landscaped land on a property. +(iv) Rate of evapotranspiration. +(v) Seasonal weather changes. +(C) (i) A violation of an excessive use ordinance, rule, or tariff condition established pursuant to subparagraph (A) shall result in an infraction or administrative civil penalty. The penalty for a violation may be based on conditions identified by the urban retail water supplier and may include, but is not limited to, a fine of up to five hundred dollars ($500) for each hundred cubic feet of water, or 748 gallons, used above the excessive water use threshold established by the urban retail water supplier in a billing cycle. +(ii) Any fine imposed pursuant to this subparagraph shall be added to the customer’s water bill and is due and payable with that water bill. +(iii) Each urban retail water supplier shall have a process for nonpayment of the fine, which shall be consistent with due process and reasonably similar to the water supplier’s existing process for nonpayment of a water bill. +(D) (i) Consistent with due process, an urban retail water supplier shall establish a process and conditions for the appeal of a fine imposed pursuant to subparagraph (C) whereby the customer may contest the imposition of the fine for excessive water use. +(ii) As part of the appeal process, the customer shall be provided with an opportunity to provide evidence that there was no excessive water use or of a bona fide reason for the excessive water use, including evidence of a water leak, a medical reason, or any other reasonable justification for the water use, as determined by the urban retail water supplier. +(iii) As part of the appeal process, the urban retail water supplier shall provide documentation demonstrating the excessive water usage. +(c) (1) The provisions of subdivision (b) do not apply to an urban retail water supplier that is not fully metered in accordance with Section 527. An urban retail water supplier shall comply with the provisions of subdivision (b) when all of the water supplier’s residential water service connections are being billed based on metered water usage. +(2) An urban retail water supplier that is not fully metered shall prohibit water use practices by an ordinance, resolution, rule, or tariff condition that imposes penalties for prohibited uses of water supplied by the water supplier. The urban retail water supplier may include a process to issue written warnings prior to imposing penalties as well as increased penalty amounts for successive violations. +367. +(a) This chapter applies only as follows: +(1) During a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on statewide drought conditions to an urban retail water supplier that has moved to a stage of action in response to a local water supply shortage condition under the water supplier’s contingency plan pursuant to paragraph (1) of subdivision (a) of Section 10632 that requires mandatory water use reductions. +(2) To an urban retail water supplier during a period in which the water supplier has moved to a stage of action in response to a local water supply shortage condition under the water supplier’s contingency plan pursuant to paragraph (1) of subdivision (a) of Section 10632 that requires mandatory water use reductions. +(3) To an urban retail water supplier affected during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on local drought conditions. +(b) The provisions of this chapter are in addition to, and do not supersede or limit, any other measures or remedies implemented by an urban retail water supplier. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The California Constitution declares the policy that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such waters is to be exercised with a view to the reasonable and beneficial use of the waters in the interest of the people and for the public welfare. Existing law requires the Department of Water Resources and the State Water Resources Control Board to take all appropriate proceedings or actions to prevent waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion of water in this state. Existing law authorizes any public entity, as defined, that supplies water at retail or wholesale for the benefit of persons within the service area or area of jurisdiction of the public entity to, by ordinance or resolution, adopt and enforce a water conservation program to reduce the quantity of water used for the purpose of conserving the water supplies of the public entity. Existing law provides that a violation of a requirement of a water conservation program is a misdemeanor punishable by imprisonment in a county jail for not more than 30 days, or by a fine not exceeding $1,000, or both. +This bill would declare that during prescribed periods excessive water use by a residential customer in a single-family residence or by a customer in a multiunit housing complex, as specified, is prohibited. This bill, during prescribed periods, would require each urban retail water supplier to establish a method to identify and discourage excessive water use. This bill would authorize as a method to identify and discourage excessive water use the establishment of a rate structure that includes block tiers, water budgets, or rate surcharges over and above base rates for excessive water use by residential customers. This bill would authorize as a method to identify and discourage excessive water use the establishment of an excessive water use ordinance, rule, or tariff condition that includes a definition of or procedure to identify and address excessive water use, as prescribed, and would make a violation of this excessive water use ordinance, rule, or tariff condition an infraction or administrative civil penalty and would authorize the penalty for a violation to be based on conditions identified by the urban retail water supplier. By creating a new infraction, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Chapter 3.3 (commencing with Section 365) to Division 1 of the Water Code, relating to water." +233,"The people of the State of California do enact as follows: + + +SECTION 1. +On or before January 1, 2018, the State Board of Equalization shall prepare a report analyzing the impact on the board and those making contributions to the board of lowering the monetary threshold that triggers the requirements of the Quentin L. Kopp Conflict of Interest Act of 1990 (Section 15626 of the Government Code) from two hundred and fifty dollars ($250) to one hundred dollars ($100). +SECTION 1. +Section 15626 of the +Government Code +is amended to read: +15626. +(a)This section shall be known, and may be cited, as the Quentin L. Kopp Conflict of Interest Act of 1990. +(b)Prior to rendering any decision in any adjudicatory proceeding pending before the State Board of Equalization, each member who knows or has reason to know that he or she received a contribution or contributions within the preceding 12 months in an aggregate amount of one hundred dollars ($100) or more from a party or his or her agent, or from any participant or his or her agent, shall disclose that fact on the record of the proceeding. +(c)A member shall not make, participate in making, or in any way attempt to use his or her official position to influence, the decision in any adjudicatory proceeding pending before the board if the member knows or has reason to know that he or she received a contribution or contributions in an aggregate amount of one hundred dollars ($100) or more within the preceding 12 months from a party or his or her agent, or from any participant or his or her agent, and if the member knows or has reason to know that the participant has a financial interest in the decision, as that term is used in Article 1 (commencing with Section 87100) of Chapter 7 of Title 9. +(d)Notwithstanding subdivision (c), if a member receives a contribution which would otherwise require disqualification under subdivision (c), and he or she returns the contribution within 30 days from the time he or she knows, or has reason to know, about the contribution and the adjudicatory proceeding pending before the board, his or her participation in the proceeding shall be deemed lawful. +(e)A party to, or a participant in, an adjudicatory proceeding pending before the board shall disclose on the record of the proceeding any contribution or contributions in an aggregate amount of one hundred dollars ($100) or more made within the preceding 12 months by the party or participant, or his or her agent, to any member of the board. +(f)When a close corporation is a party to, or a participant in, an adjudicatory proceeding pending before the board, the majority shareholder is subject to the disclosure requirement specified in this section. +(g)For purposes of this section, if a deputy to the Controller sits at a meeting of the board and votes on behalf of the Controller, the deputy shall disclose contributions made to the Controller and shall disqualify himself or herself from voting pursuant to the requirements of this section. +(h)For purposes of this section: +(1)“Contribution” has the same meaning prescribed in Section 82015 and the regulations adopted pursuant to that section. +(2)“Party” means any person who is the subject of an adjudicatory proceeding pending before the board. +(3)“Participant” means any person who is not a party but who actively supports or opposes a particular decision in an adjudicatory proceeding pending before the board and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7 of Title 9. A person actively supports or opposes a particular decision if he or she lobbies in person the members or employees of the board, testifies in person before the board, or otherwise acts to influence the members of the board. +(4)“Agent” means any person who represents a party to or participant in an adjudicatory proceeding pending before the board. If a person acting as an agent is also acting as an employee or member of a law, accounting, consulting, or other firm, or a similar entity or corporation, both the entity or corporation and the person are agents. +(5)“Adjudicatory proceeding pending before the board” means a matter for adjudication that has been scheduled and appears as an item on a meeting notice of the board as required by Section 11125 as a contested matter for administrative hearing before the board members. A consent calendar matter is not included unless the matter has previously appeared on the calendar as a nonconsent item, or has been removed from the consent calendar for separate discussion and vote, or the item is one about which the member has previously contacted the staff or a party. +(6)A member knows or has reason to know about a contribution if, after the adjudicatory proceeding first appears on a meeting notice of the board, facts have been brought to the member’s personal attention that he or she has received a contribution which would require disqualification under subdivision (c), or that the member received written notice from the board staff, before commencement of the hearing and before any subsequent decision on the matter, that a specific party, close corporation, or majority shareholder, or agent thereof, or any participant having a financial interest in the matter, or agent thereof, in a specific, named adjudicatory proceeding before the board, made a contribution or contributions within the preceding 12 months in an aggregate amount of one hundred dollars ($100) or more. Each member shall provide board staff with a copy of each of his or her campaign statements at the time each of those statements is filed. +The notice of contribution shall be on a form prescribed under rules adopted by the board to provide for staff inquiry of each party, participant, close corporation, and its majority shareholder, and any agent thereof, to determine whether any contribution has been made to a member, and if so, in what aggregate amount and on what date or dates within the 12 months preceding an adjudicatory proceeding or decision. +In addition, the staff shall inquire and report on the record as follows: +(A)Whether any party or participant is a close corporation, and if so, the name of its majority shareholder. +(B)Whether any agent is an employee or member of any law, accounting, consulting, or other firm, or similar entity or corporation, and if so, its name and address and whether a contribution has been made by any such person, firm, corporation, or entity. +(i)(1)Any person who knowingly or willfully violates any provision of this section is guilty of a misdemeanor. +(2)No person convicted of a misdemeanor under this section shall be a candidate for any elective office or act as a lobbyist for a period for four years following the time for filing a notice of appeal has expired, or all possibility of direct attack in the courts of this state has been finally exhausted, unless the court at the time of sentencing specifically determines that this provision shall not be applicable. A plea of nolo contendere shall be deemed a conviction for the purposes of this section. +(3)In addition to other penalties provided by law, a fine of up to the greater of ten thousand dollars ($10,000), or three times the amount the person failed to disclose or report properly, may be imposed upon conviction for each violation. +(4)Prosecution for violation of this section shall be commenced within four years after the date on which the violation occurred. +(5)This section shall not prevent any member of the board from making, or participating in making, a governmental decision to the extent that the member’s participation is legally required for the action or decision to be made. However, the fact that a member’s vote is needed to break a tie does not make the member’s participation legally required. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Quentin L. Kopp Conflict of Interest Act of 1990 requires a member of the State Board of Equalization who has received a contribution or contributions within the preceding 12 months in an aggregate amount of $250 or more from a party or his or her agent, or from any participant or his or her agent, to, prior to rendering any decision in any adjudicatory proceeding pending before the board, disclose that fact on the record of the proceeding. A member is prohibited from making, participating in making, or in any way attempting to use his or her official position to influence, the decision in an adjudicatory proceeding pending before the board if the member knows or has reason to know that he or she received a contribution or contributions +within the preceding 12 months +in an aggregate amount of $250 or more from a party +to the proceeding, +or his or her agent, +or from a participant +in the proceeding +or his or her agent, and +the member knows or has reason to know +that the participant +has a financial interest in the decision. The act also requires a party to, or a participant in, an adjudicatory proceeding pending before the board to disclose on the record of the proceeding any contribution or contributions in an aggregate amount of $250 or more made within the preceding 12 months by the party or participant, or his or her agent, to any member of the board. A person who knowingly or willfully violates any provision of the act is guilty of a misdemeanor. +This bill would reduce the $250 contribution limitation to $100, applying the above-described disclosure and disqualification provisions if a board member receives a contribution in the amount of $100, or more from a party, agent, or participant, as provided. +By extending the application of the criminal sanctions of the Quentin L. Kopp Conflict of Interest Act of 1990, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +This bill would require the board, on or before January 1, 2018, to prepare a report analyzing the impact on the board and those making contributions to the board of lowering the monetary threshold that triggers the requirements of the Quentin L. Kopp Conflict of Interest Act of 1990 from $250 to $100.","An act +to amend Section 15626 of the Government Code, +relating to the State Board of Equalization." +234,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 236.14 is added to the Penal Code, to read: +236.14. +(a) If a person was arrested for or convicted of any nonviolent offense committed while he or she was a victim of human trafficking, including, but not limited to, prostitution as described in subdivision (b) of Section 647, the person may petition the court for vacatur relief of his or her convictions and arrests under th"">(e) The court may, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, consolidate into one hearing a petition with multiple convictions from different jurisdictions. +(f) If the petition is opposed or if the court otherwise deems it necessary, the court shall schedule a hearing on the petition. The hearing may consist of the following: +(1) Testimony by the petitioner, which may be required in support of the petition. +(2) Evidence and supporting documentation in support of the petition. +(3) Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction. +(g) After considering the totality of the evidence presented, the court may vacate the conviction and expunge the arrests and issue an order if it finds all of the following: +(1) That the petitioner was a victim of human trafficking at the time the nonviolent crime was committed. +(2) The commission of the crime was a direct result of being a victim of human trafficking. +(3) The victim is engaged in a good faith effort to distance himself or herself from the human trafficking scheme. +(4) It is in the best interest of the petitioner and in the interests of justice. +(h) In issuing an order of vacatur for the convictions, an order shall do the following: +(1) Set forth a finding that the petitioner was a victim of human trafficking when he or she committed the offense. +(2) Set aside the verdict of guilty or the adjudication and dismiss the accusation or information against the petitioner. +(3) Notify the Department of Justice that the petitioner was a victim of human trafficking when he or she committed the crime and of the relief that has been ordered. +(i) Notwithstanding this section, a petitioner shall not be relieved of any financial restitution order that directly benefits the victim of a nonviolent crime, unless it has already been paid. +(j) A person who was arrested as, or found to be, a person described in Section 602 of the Welfare and Institutions Code because he or she committed a nonviolent offense while he or she was a victim of human trafficking, including, but not limited to, prostitution, as described in subdivision (b) of Section 647, may petition the court for relief under this section. If the petitioner establishes that the arrest or adjudication was the direct result of being a victim of human trafficking the petitioner is entitled to a rebuttable presumption that the requirements for relief have been met. +(k) If the court issues an order as described in subdivision (a) or (j), the court shall also order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner to seal their records of the arrest and the court order to seal and destroy the records for three years from the date of the arrest, or within one year after the court order is granted, whichever occurs later, and thereafter to destroy their records of the arrest and the court order to seal and destroy those records. The court shall provide the petitioner a copy of any court order concerning the destruction of the arrest records. +(l) A petition pursuant to this section shall be made and heard within a reasonable time after the person has ceased to be a victim of human trafficking, or within a reasonable time after the petitioner has sought services for being a victim of human trafficking, whichever occurs later, subject to reasonable concerns for the safety of the petitioner, family members of the petitioner, or other victims of human trafficking who may be jeopardized by the bringing of the application or for other reasons consistent with the purposes of this section. +(m) For the purposes of this section, official documentation of a petitioner’s status as a victim of human trafficking may be introduced as evidence that his or her participation in the offense was the result of his or her status as a victim of human trafficking. For the purposes of this subdivision, “official documentation” means any documentation issued by a federal, state, or local agency that tends to show the petitioner’s status as a victim of human trafficking. Official documentation shall not be required for the issuance of an order described in subdivision (a). +(n) A petitioner, or his or her attorney, may be excused from appearing in person at a hearing for relief pursuant to this section only if the court finds a compelling reason why the petitioner cannot attend the hearing, in which case the petitioner may appear telephonically, via videoconference, or by other electronic means established by the court. +(o) Notwithstanding any other law, a petitioner who has obtained an order pursuant to this section may lawfully deny or refuse to acknowledge an arrest, conviction, or adjudication that is set aside pursuant to the order. +(p) Notwithstanding any other law, the records of the arrest, conviction, or adjudication shall not be distributed to any state licensing board. +(q) The record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioner’s full name. +(r) A court that grants relief pursuant to this section may take additional action as appropriate under the circumstances to carry out the purposes of this section. +(s) If the court denies the application because the evidence is insufficient to establish grounds for vacatur, the denial may be without prejudice. The court may state the reasons for its denial in writing or on the record that is memorialized by transcription, audio tape, or video tape, and if those reasons are based on curable deficiencies in the application, allow the applicant a reasonable time period to cure the deficiencies upon which the court based the denial. +(t) For the purposes of this section, the following terms apply: +(1) “Nonviolent offense” means any offense not listed in subdivision (c) of Section 667.5. +(2) “Vacate” means that the arrest and any adjudications or convictions suffered by the petitioner are deemed not to have occurred and that all records in the case are sealed and destroyed pursuant to this section. The court shall provide the petitioner with a copy of the orders described in subdivisions (a), (j), and (k), as applicable, and inform the petitioner that he or she may thereafter state that he or she was not arrested for the charge, or adjudicated or convicted of the charge, that was vacated. +(3) “Victim of human trafficking” means the victim of a crime described in subdivisions (a), (b), and (c) of Section 236.1. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 3. +The Legislature finds and declares that Section 1 of this act, which adds Section 236.14 to the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +In order to protect the privacy of victims of human trafficking and to improve their opportunities for recovery, it is necessary that this act limit the public’s right of access to the full name of a petitioner who seeks relief from an arrest or conviction for an offense in which the petitioner participated as a result of his or her status as a victim of human trafficking.","Existing law defines and proscribes the crimes of human trafficking, solicitation, and prostitution. Existing law provides that if a defendant has been convicted of solicitation or prostitution and has completed any term of probation for that conviction, the defendant may petition the court for relief if the defendant can establish by clear and convincing evidence that the conviction was the result of his or her status as a victim of human trafficking. Existing law authorizes a court to issue an order that (1) sets forth a finding that the defendant was a victim of human trafficking, as specified, (2) dismisses the accusation or information against the defendant, or orders other relief, and (3) notifies the Department of Justice that the defendant was a victim of human trafficking when he or she committed the crime and the relief that has been ordered. +Existing law authorizes a person who was adjudicated a ward of the juvenile court for solicitation or prostitution to, upon reaching 18 years of age, petition the court to have his or her record sealed, as specified. +This bill would establish a separate petition process for a person who has been arrested for, convicted of, or adjudicated a ward of the juvenile court for, committing a nonviolent offense, as defined, while he or she was a victim of human trafficking. The bill would require the petitioner to establish that the arrest, conviction, or adjudication was the direct result of being a victim of human trafficking in order to obtain relief. The bill would require the petition for relief to be submitted under penalty of perjury, thereby expanding the scope of a crime. The bill would authorize the court, upon making specified findings, to vacate the conviction or adjudication and issue an order that provides the relief described above and also provides for the sealing and destruction of the petitioner’s arrest and court records, as specified. The bill would require that the petition be made within a reasonable time after the person has ceased to be a victim of human trafficking, or within a reasonable time after the person has sought services for being a victim of human trafficking, whichever is later. The bill would provide that official documentation, as defined, of a petitioner’s status as a victim of human trafficking may be introduced as evidence that his or her participation in the offense was the result of the petitioner’s status as a victim of human trafficking. The bill would provide that a petitioner or his or her attorney is not required to appear in person at a hearing for the relief described above if the court finds a compelling reason why the petitioner cannot attend the hearing and may appear via alternate specified methods. The bill would prohibit the disclosure of the full name of a petitioner in the record of a proceeding related to his or her petition that is accessible by the public. The bill would authorize a petitioner who has obtained the relief described above to lawfully deny or refuse to acknowledge an arrest, conviction, or adjudication that is set aside pursuant to that relief. By expanding the scope of a crime and increasing the number of records local agencies would be required to seal and destroy, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to add Section 236.14 to the Penal Code, relating to human trafficking." +235,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 75230 of the Public Resources Code is amended to read: +75230. +(a) The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. +(b) Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund established pursuant to Section 16428.8 of the Government Code. +(c) Funding shall be allocated by the Controller on a formula basis consistent with the requirements of this part and with Section 39719 of the Health and Safety Code, upon a determination by the Department of Transportation that the expenditures proposed by a recipient transit agency meet the requirements of this part and guidelines developed pursuant to this section, and that the amount of funding requested is currently available. +(d) A recipient transit agency shall demonstrate that each expenditure of program moneys allocated to the agency reduces greenhouse gas emissions. +(e) A recipient transit agency shall demonstrate that each expenditure of program moneys does not supplant another source of funds. +(f) Moneys for the program shall be expended to provide transit operating or capital assistance that meets any of the following: +(1) Expenditures that directly enhance or expand transit service by supporting new or expanded bus or rail services, new or expanded water-borne transit, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities. +(2) Operational expenditures that increase transit mode share. +(3) Expenditures related to the purchase of zero-emission buses, including electric buses, and the installation of the necessary equipment and infrastructure to operate and support these zero-emission buses. +(g) For recipient transit agencies whose service areas include disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, at least 50 percent of the total moneys received pursuant to this chapter shall be expended on projects or services that meet the requirements of subdivisions (d), (e), and (f) and benefit the disadvantaged communities, as identified consistent with the guidance developed by the State Air Resources Board pursuant to Section 39715. +(h) The Department of Transportation, in coordination with the State Air Resources Board, shall develop guidelines that describe the methodologies that recipient transit agencies shall use to demonstrate that proposed expenditures will meet the criteria in subdivisions (d), (e), (f), and (g) and establish the reporting requirements for documenting ongoing compliance with those criteria. +(i) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development of guidelines for the program pursuant to this section. +(j) A recipient transit agency shall submit the following information to the Department of Transportation before seeking a disbursement of funds pursuant to this part: +(1) A list of proposed expense types for anticipated funding levels. +(2) The documentation required by the guidelines developed pursuant to this section to demonstrate compliance with subdivisions (d), (e), (f), and (g). +(k) For capital projects, the recipient transit agency shall also do all of the following: +(1) Specify the phases of work for which the agency is seeking an allocation of moneys from the program. +(2) Identify the sources and timing of all moneys required to undertake and complete any phase of a project for which the recipient agency is seeking an allocation of moneys from the program. +(3) Describe intended sources and timing of funding to complete any subsequent phases of the project, through construction or procurement. +(l) A recipient transit agency that has used program moneys for any type of operational assistance allowed by subdivision (f) in a previous fiscal year may use program moneys to continue the same service or program in any subsequent fiscal year if the agency can demonstrate that reductions in greenhouse gas emissions can be realized. +(m) Before authorizing the disbursement of funds, the Department of Transportation, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense types, based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to this section. +(n) The Department of Transportation shall notify the Controller of approved expenditures for each recipient transit agency, and the amount of the allocation for each agency determined to be available at that time of approval. +(o) A recipient transit agency that does not submit an expenditure for funding in a particular fiscal year may retain its funding share, and may accumulate and utilize that funding share in a subsequent fiscal year for a larger expenditure, including operating assistance. The recipient transit agency must first specify the number of fiscal years that it intends to retain its funding share and the expenditure for which the agency intends to use these moneys. A recipient transit agency may only retain its funding share for a maximum of four years. +(p) A recipient transit agency may, in any particular fiscal year, loan or transfer its funding share to another recipient transit agency within the same region for any identified eligible expenditure under the program, including operating assistance, in accordance with procedures incorporated by the Department of Transportation in the guidelines developed pursuant to this section, which procedures shall be consistent with the requirement in subdivision (g). +(q) A recipient transit agency may apply to the Department of Transportation to reassign any savings of surplus moneys allocated under this section to the agency for an expenditure that has been completed to another eligible expenditure under the program, including operating assistance. A recipient transit agency may also apply to the Department of Transportation to reassign to another eligible expenditure any moneys from the program previously allocated to the agency for an expenditure that the agency has determined is no longer a priority for the use of those moneys. +(r) The recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for the use of the fund proceeds developed by the State Air Resources Board. +(s) The Department of Transportation and recipient transit agencies shall comply with the guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code to ensure that the requirements of Section 39713 of the Health and Safety Code are met to maximize the benefits to disadvantaged communities as described in Section 39711 of the Health and Safety Code. +(t) A recipient transit agency shall comply with all applicable legal requirements, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)), and civil rights and environmental justice obligations under state and federal law. Nothing in this section shall be construed to expand or extend the applicability of those laws to recipient transit agencies. +(u) The audit of public transportation operator finances already required under the Transportation Development Act pursuant to Section 99245 of the Public Utilities Code shall be expanded to include verification of receipt and appropriate expenditure of moneys from the program. Each recipient transit agency receiving moneys from the program in a fiscal year for which an audit is conducted shall transmit a copy of the audit to the Department of Transportation, and the department shall make the audits available to the Legislature and the Controller for review on request. +SEC. 2. +Section 75231 is added to the Public Resources Code, to read: +75231. +(a) A recipient transit agency under the program created pursuant to Section 75230 may apply to the Department of Transportation for a letter of no prejudice for any eligible expenditures under the program, including operating assistance, for which the department has authorized a disbursement of funds. If approved by the department, the letter of no prejudice shall allow the recipient transit agency to expend its own moneys for the expenditures and to be eligible for future reimbursement from moneys available for the program. +(b) The amount expended under subdivision (a) shall be reimbursed by the state from moneys available for the program if all of the following conditions are met: +(1) The expenditures for which the letter of no prejudice was requested have commenced, and any regional or local expenditures, if applicable, have been incurred. +(2) The expenditures made by the recipient transit agency are eligible under the program. If expenditures made by the recipient transit agency are determined to be ineligible, the state has no obligation to reimburse those expenditures. +(3) The recipient transit agency complies with all applicable legal requirements for the expenditures, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)), and civil rights and environmental justice obligations under state and federal law. Nothing in this section shall be construed to expand or extend the applicability of those laws to recipient transit agencies. +(4) There are moneys in the Greenhouse Gas Reduction Fund designated for the program and from the recipient transit agency’s formula allocation share as determined pursuant to subparagraph (B) of paragraph (1) of subdivision (b) of Section 39719 of the Health and Safety Code that are sufficient to make the reimbursement payment. +(c) The recipient transit agency and the Department of Transportation shall enter into an agreement governing reimbursement as described in this section. The timing and final amount of reimbursement shall be dependent on the terms of the agreement and the availability of moneys in the Greenhouse Gas Reduction Fund for the program. +(d) The Department of Transportation, in consultation with recipient public transit agencies, may develop guidelines to implement this section.","Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund. +Existing law continuously appropriates specified portions of the annual proceeds in the Greenhouse Gas Reduction Fund to various programs, including 5% for the Low Carbon Transit Operations Program, for expenditures to provide transit operating or capital assistance consistent with specified criteria. Existing law provides for distribution of available funds under the program by a specified formula to recipient transit agencies by the Controller, upon approval of the recipient transit agency’s proposed expenditures by the Department of Transportation. +This bill would require a recipient transit agency to demonstrate that each expenditure of program moneys allocated to the agency does not supplant another source of funds. The bill would authorize a recipient transit agency that does not submit an expenditure for funding under the program in a particular fiscal year to retain its funding share for expenditure in a subsequent fiscal year for a maximum of 4 years. The bill would allow a recipient transit agency to loan or transfer its funding share in any particular fiscal year to another recipient transit agency within the same region, or to apply to the department to reassign, to other eligible expenditures under the program, any savings of surplus moneys from an approved and completed expenditure under the program or from an approved expenditure that is no longer a priority, as specified. The bill would also allow a recipient transit agency to apply to the department for a letter of no prejudice for any eligible expenditures under the program for which the department has authorized a disbursement of funds, and, if granted, would allow the recipient transit agency to expend its own moneys and to be eligible for future reimbursement from the program, under specified conditions. The bill would also require a recipient transit agency to provide additional information to the department to the extent funding is sought for capital projects.","An act to amend Section 75230 of, and to add Section 75231 to, the Public Resources Code, relating to transportation." +236,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 905.2 of the Government Code is amended to read: +905.2. +(a) This section shall apply to claims against the state filed with the Department of General Services except as provided in subparagraph (B) of paragraph (2) of subdivision (b). +(b) There shall be presented in accordance with this chapter and Chapter 2 (commencing with Section 910) all claims for money or damages against the state: +(1) For which no appropriation has been made or for which no fund is available but the settlement of which has been provided for by statute or constitutional provision. +(2) (A) For which the appropriation made or fund designated is exhausted. +(B) Claims for reissuance of stale, dated, or replacement warrants shall be filed with the state entity that originally issued the warrant and, if allowed, shall be paid from the issuing entity’s current appropriation. +(3) For money or damages on express contract, or for an injury for which the state is liable. +(4) For which settlement is not otherwise provided for by statute or constitutional provision. +(c) Claimants shall pay a filing fee of twenty-five dollars ($25) for filing a claim described in subdivision (b), except for claims for reissuance of stale, dated, or replacement warrants as described in subparagraph (B) of paragraph (2) of subdivision (b). This fee shall be deposited into the Service Revolving Fund and shall only be available for the support of the Department of General Services upon appropriation by the Legislature. +(1) The fee shall not apply to the following persons: +(A) Persons who are receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplementary Payment (SSP) programs (Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code), the federal Supplemental Nutrition Assistance Program (SNAP; 7 U.S.C. Sec. 2011 et seq.), or Section 17000 of the Welfare and Institutions Code. +(B) Persons whose monthly income is 125 percent or less of the current monthly poverty line annually established by the Secretary of California Health and Human Services pursuant to the federal Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), as amended. +(C) Persons who are sentenced to imprisonment in a state prison or confined in a county jail, or who are residents in a state institution and, within 90 days prior to the date the claim is filed, have a balance of one hundred dollars ($100) or less credited to the inmate’s or resident’s trust account. A certified copy of the statement of the account shall be submitted. +(2) Any claimant who requests a fee waiver shall attach to the application a signed affidavit requesting the waiver and verification of benefits or income and any other required financial information in support of the request for the waiver. +(3) Notwithstanding any other law, an applicant shall not be entitled to a hearing regarding the denial of a request for a fee waiver. +(d) The time for the Department of General Services to determine the sufficiency, timeliness, or any other aspect of the claim shall begin when any of the following occur: +(1) The claim is submitted with the filing fee. +(2) The fee waiver is granted. +(3) The filing fee is paid to the department upon the department’s denial of the fee waiver request, so long as payment is received within 10 calendar days of the mailing of the notice of the denial. +(e) Upon approval of the claim by the Department of General Services, the fee shall be reimbursed to the claimant, except that no fee shall be reimbursed if the approved claim was for the payment of an expired warrant. Reimbursement of the filing fee shall be paid by the state entity against which the approved claim was filed. If the claimant was granted a fee waiver pursuant to this section, the amount of the fee shall be paid by the state entity to the department. The reimbursement to the claimant or the payment to the department shall be made at the time the claim is paid by the state entity, or shall be added to the amount appropriated for the claim in an equity claims bill. +(f) The Department of General Services may assess a surcharge to the state entity against which the approved claim was filed in an amount not to exceed 15 percent of the total approved claim. The department shall not include the refunded filing fee in the surcharge calculation. This surcharge shall be deposited into the Service Revolving Fund and may be appropriated in support of the department in the annual Budget Act. +(1) The surcharge shall not apply to approved claims to reissue expired warrants. +(2) Upon the request of the department in a form prescribed by the Controller, the Controller shall transfer the fees from the state entity’s appropriation to the appropriation for the support of the department. However, the department shall not request an amount that shall be submitted for legislative approval pursuant to Section 14659.10. +(g) The filing fee required by subdivision (c) shall apply to all claims filed after June 30, 2004, or the effective date of this statute. The surcharge authorized by subdivision (f) may be calculated and included in claims paid after June 30, 2004, or the effective date of the statute adding this subdivision. +(h) This section shall not apply to claims made for a violation of the California Whistleblower Protection Act (Article 3 (commencing with Section 8547) of Chapter 6.5 of Division 1 of Title 2). +SEC. 2. +Section 8590.6 of the Government Code is amended to read: +8590.6. +For the purposes of this article: +(a) “Comprehensive services” means primary services that include all of the following: +(1) Shelter or established referral services for shelter on a 24 hours a day, seven days a week, basis. +(2) A 24 hours a day, seven days a week, telephone hotline for crisis calls. +(3) Temporary housing and food facilities. +(4) Psychological support and peer counseling provided in accordance with Section 1038.2 of the Evidence Code. +(5) Referrals to existing services in the community. +(6) Emergency transportation, as feasible. +(b) “Director” means the Director of the Office of Emergency Services. +(c) “Fund” means the Human Trafficking Victims Assistance Fund. +(d) “Human trafficking caseworker” means a human trafficking caseworker as defined in Section 1038.2 of the Evidence Code, or a human trafficking caseworker who is employed by a homeless services provider that serves homeless children or youth and has completed a minimum of eight hours of training focused on victims of human trafficking from the Runaway and Homeless Youth Training and Technical Assistance Center. +(e) “Office” means the Office of Emergency Services. +(f) “Qualified nonprofit organization” means a nongovernmental, nonprofit organization that does both of the following: +(1) Employs a minimum of one individual who is a human trafficking caseworker. +(2) Provides services to victims of human trafficking, including, but not limited to, housing assistance, counseling services, and social services to victims of human trafficking. +(g) “Victim of human trafficking” means any person who is a trafficking victim as described in Section 236.1 of the Penal Code and satisfies either of the following conditions: +(1) Was trafficked in the state. +(2) Fled his or her trafficker to the state. +SEC. 3. +Section 15820.946 of the Government Code is amended to read: +15820.946. +(a) The participating county contribution for adult local criminal justice facilities financed under this chapter shall be a minimum of 10 percent of the total project costs. The BSCC may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution. +(b) The BSCC shall determine the funding and scoring criteria consistent with the requirements of this chapter. Financing shall be awarded only to those counties that have previously received only a partial award or have never received an award from the state within the financing programs authorized in Chapters 3.11 (commencing with Section 15820.90) to 3.131 (commencing with Section 15820.93), inclusive. The funding criteria shall include, as a mandatory criterion, documentation of the percentage of pretrial inmates in the county jail from January 1, 2015, to December 31, 2015, inclusive, and a description of the county’s current risk assessment based pretrial release program. Funding preference shall also be given to counties that are most prepared to proceed successfully with this financing in a timely manner. The determination of preparedness to proceed shall include the following: +(1) Counties providing a board of supervisors’ resolution authorizing an adequate amount of available matching funds to satisfy the counties’ contribution and approving the forms of the project documents deemed necessary, as identified by the board to the BSCC, to effectuate the financing authorized by this chapter, and authorizing the appropriate signatory or signatories to execute those documents at the appropriate times. The identified matching funds in the resolution shall be compatible with the state’s lease-revenue bond financing. +(2) Counties providing documentation evidencing CEQA compliance has been completed. Documentation of CEQA compliance shall be either a final Notice of Determination or a final Notice of Exemption, as appropriate, and a letter from county counsel certifying the associated statute of limitations has expired and either no challenges were filed or identifying any challenges filed and explaining how they have been resolved in a manner that allows the project to proceed as proposed. +(c) Funding consideration shall be given to counties that are seeking to replace compacted, outdated, or unsafe housing capacity that will also add treatment space or counties that are seeking to renovate existing or build new facilities that provide adequate space for the provision of treatment and rehabilitation services, including mental health treatment. +(d) A participating county may replace existing housing capacity, realizing only a minimal increase of capacity, using this financing authority if the requesting county clearly documents an existing housing capacity deficiency. +(e) A participating county with a request resulting in any increase in capacity using this financing authority shall be required to certify and covenant in writing that the county is not, and will not be, leasing housing capacity to any other public or private entity for a period of 10 years beyond the completion date of the adult local criminal justice facility. +(f) Any locked facility constructed or renovated with state funding awarded under this program shall include space to provide onsite, in-person visitation capable of meeting or surpassing the minimum number of weekly visits required by state regulations for persons detained in the facility. +(g) Any county applying for financing authority under this program shall include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to this chapter. +SEC. 4. +Section 15820.947 is added to the Government Code, to read: +15820.947. +Notwithstanding the award restriction in subdivision (b) of Section 15820.946, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to the County of Napa without the submission of any further adult local criminal justice facility proposal. This amount may be utilized in conjunction with a partial award made to the County of Napa pursuant to Chapter 3.131 (commencing with Section 15820.93). These awards represent the maximum state contribution for the adult local criminal justice facility in the County of Napa. +SEC. 5. +Section 37001.5 of the Health and Safety Code is amended to read: +37001.5. +The words “develop, construct, or acquire,” as used in Section 1 of Article XXXIV of the State Constitution, shall not be interpreted to apply to activities of a state public body when that body does any of the following: +(a) Provides financing, secured by a deed of trust or other security instrument to a private owner of existing housing; or acquires a development, for which financing previously has been provided, as a temporary measure to protect its security and with an intention to change the ownership so that it will not continue to be the owner of a low-rent housing project. +(b) Acquires or makes improvements to land which is anticipated to be sold, ground leased, or otherwise transferred to a private owner prior to its development as a low-rent housing project, provided (1) the land and improvements thereon are not subject to an exemption from property taxation by reason of public ownership for more than five years following acquisition or improvement by the state public body, or (2) such an exemption from property taxation persists beyond the five-year period and no alternative use is designated for the land or improvements, but any property tax revenues lost by affected taxing agencies on account of the exemption of land or improvements from property taxes by reason of public ownership of the property, or any interest in the property after the five-year period, are fully reimbursed by payments in lieu of taxes following the expiration of the five-year period. +(c) Leases existing dwelling units from the private owner of such units, provided the lease or a subtenancy thereunder does not result in a decrease of property tax revenues with respect to the dwelling units leased. +(d) Provides assistance to the private owner or occupant of existing housing which enables an occupant to live in decent, safe, and sanitary housing at a rent he or she can afford to pay. +(e) Provides assistance to a low-rent housing project and monitors construction or rehabilitation of that project and compliance with conditions of that assistance to the extent of: +(1) Carrying out routine governmental functions. +(2) Performing conventional activities of a lender. +(3) Imposing constitutionally mandated or statutorily authorized conditions accepted by a grantee of assistance. +(f) Provides assistance to a development prior to its becoming a low-rent housing project without intending or expecting that the development will become a low-rent housing project, as defined. +(g) Provides financing for a low-rent housing project pursuant to Chapter 6.7 (commencing with Section 51325) of Part 3 of Division 31. +(h) Provides financing for a low-rent housing project pursuant to Article 3.2 (commencing with Section 987.001) and Article 5y (commencing with Section 998.540) of Chapter 6 of Division 4 of the Military and Veterans Code. This subdivision shall apply to all low-rent housing projects that convert the project’s financing to permanent financing after January 1, 2017. +SEC. 6. +Section 43011.3 of the Health and Safety Code, as added by Section 24 of Senate Bill 839 of the 2015–16 Regular Session, is repealed. +SEC. 7. +Section 6 of this act, which repeals Section 43011.3 of the Health and Safety Code as added by Section 24 of Senate Bill 839 of the 2015–16 Regular Session (SB 839), shall only become operative if Section 43011.3 of the Health and Safety Code is added by Section 24 of Senate Bill 839 and Senate Bill 839 becomes effective on or before January 1, 2017, and this bill is enacted after Senate Bill 839. +SEC. 8. +The sum of three million dollars ($3,000,000) is hereby appropriated from the Gambling Control Fund to the Department of Justice for the purposes of Schedule (2) of Item 0820-001-0567 of Section 2.00 of the Budget Act of 2016 in order to address the backlog in investigations related to card room licensing. +SEC. 9. +This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","Existing law with respect to claims against public entities authorizes the “board,” as defined, to assess a surcharge to the state entity against which an approved claim was filed in an amount not to exceed 15% of the claim. Existing law requires the surcharge to be deposited into the General Fund and provides that it may be appropriated in support of the board in the annual Budget Act. +This bill would specify that the Department of General Services may assess this surcharge, would require the surcharge to be deposited into the Service Revolving Fund, and would specify that the surcharge may be appropriated to the department in the annual Budget Act. +Existing law defines a human trafficking caseworker to mean a human trafficking caseworker as defined by the Evidence Code. +This bill would expand that definition to include a human trafficking caseworker who is employed by a homeless services provider that serves homeless children or youth and has completed a minimum of 8 hours of training focused on victims of human trafficking from the Runaway and Homeless Youth Training and Technical Assistance Center. +Existing law authorizes the State Public Works Board to issue up to $270,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, setting aside $20,000,000 to be awarded to the County of Napa. +This bill would require that $20,000,000 of the amount issued by the board in revenue bonds, notes, or bond anticipation notes be set aside and awarded to the County of Napa without the submission of any further adult local criminal justice facility proposal. The bill would also authorize those funds to be utilized in conjunction with a partial award made to the County of Napa pursuant to other specified provisions. +Article XXXIV of the California Constitution, among other things, prohibits any state public body from developing, constructing, or acquiring a low-rent housing project before a majority of the qualified electors vote upon and approve the project. Existing law provides that the words “develop, construct, or acquire” for the purposes of that constitutional provision shall not be interpreted to include specified activities of a state public body. +This bill would include in those specified activities the financing for a specified low-rent housing project by a state public body, as provided. +Senate Bill 839 of the 2015–16 Regular Session (SB 839) would authorize the State Air Resources Board to enter into agreements with private entities and receive, on behalf of the state, contributions from private sources in the form of equipment or money in order to expedite the processing of applications, resolutions, and executive orders pertaining to a specified exception to the requirement that vehicles be equipped with pollution control devices or systems and the authorization to sell and install aftermarket and performance parts with a valid executive order. SB 839 would require all moneys received to be separately accounted for, be deposited into the Air Pollution Control Fund, and available to the state board for these purposes upon appropriation of the Legislature. +This bill would repeal that authorization for the state board to enter into those agreements and the requirement for the deposit of those moneys received, if Section 43011.3 of the Health and Safety Code is added by Section 24 of SB 839 and SB 839 becomes effective on or before January 1, 2017, and this bill is enacted after SB 839. +This bill would appropriate $3,000,000 from the Gambling Control Fund to the Department of Justice for the purposes of addressing the backlog in investigations related to card room licensing. +This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to amend Sections 905.2, 8590.6, and 15820.946 of, and to add Section 15820.947 to, the Government Code, and to amend Section 37001.5 of, and to repeal Section 43011.3 of, the Health and Safety Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget." +237,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 3.132 (commencing with Section 15820.94) is added to Part 10b of Division 3 of Title 2 of the Government Code, to read: +CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities - 2016 +15820.94. +(a) For purposes of this chapter, “participating county” means a county, city and county, or regional consortium of counties, within the state that has been certified to the State Public Works Board (board) by the Board of State and Community Corrections (BSCC) as having satisfied all of the requirements set forth in this chapter for financing an adult local criminal justice facility pursuant to this chapter. +(b) (1) For purposes of this chapter, an adult local criminal justice facility may include improved housing with an emphasis on expanding program and treatment space as necessary to manage the adult offender population under the jurisdiction of the sheriff or county department of corrections, as may be applicable, consistent with the legislative intent described in Sections 17.5 and 3450 of the Penal Code, to be further defined by the BSCC in duly adopted regulations. +(2) For purposes of this chapter, an adult local criminal justice facility may also include custodial housing, reentry, program, mental health, or treatment space necessary to manage the adult offender population under the jurisdiction of the sheriff or county department of corrections, as may be applicable, consistent with the legislative intent described in Sections 17.5 and 3450 of the Penal Code, to be further defined by the BSCC in duly adopted regulations. +15820.940. +(a) The BSCC or the Department of Corrections and Rehabilitation (CDCR), a participating county, and the board are authorized to acquire, design, and construct an adult local criminal justice facility approved by the BSCC pursuant to Section 15820.945, or to acquire a site or sites owned by, or subject to a lease or option to purchase held by, a participating county. For the purposes of this chapter, acquisition shall include, but is not limited to, acquisition of completed facilities through a build-to-suit purchase. Facilities financed pursuant to this chapter may be delivered through either a design-bid-build or a design-build process. The ownership interest of a participating county in the site or sites for an adult local criminal justice facility shall be determined by the board to be adequate for purposes of its financing in order to be eligible under this chapter. +(b) Notwithstanding Section 14951, the participating county may assign an inspector during the construction of the adult local criminal justice facility. +(c) The BSCC or the CDCR, a participating county, and the board shall enter into an agreement for each adult local criminal justice facility that shall provide, at a minimum, performance expectations of the parties related to the acquisition, design, and construction, including, without limitation, renovation, of the adult local criminal justice facility; guidelines and criteria for use and application of the proceeds of revenue bonds, notes, or bond anticipation notes issued by the board to pay for the cost of the approved adult local criminal justice facility; and ongoing maintenance and staffing responsibilities for the term of the financing. +(d) The agreement shall include a provision that the participating county agrees to indemnify, defend, and hold harmless the State of California for any and all claims and losses arising out of the acquisition, design, and construction of the adult local criminal justice facility. The agreement may also contain additional terms and conditions that facilitate the financing by the board. +(e) The scope and cost of the adult local criminal justice facilities shall be subject to approval and administrative oversight by the board. +(f) For purposes of compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the board, BSCC, and the CDCR are not a lead or responsible agency; the participating county is the lead agency. +15820.941. +Upon a participating county’s receipt of responsive construction bids or design-build proposals, or a participating county’s notification to the board of its intent to exercise a purchase option, and after the adult local criminal justice facility has been certified pursuant to Section 15820.94, the board and the BSCC or the CDCR may borrow funds for project costs from the Pooled Money Investment Account pursuant to Sections 16312 and 16313, or from any other appropriate source. In the event any of the revenue bonds, notes, or bond anticipation notes authorized by this chapter are not sold, the BSCC or the CDCR shall commit a sufficient amount of its support appropriation to repay any loans made for an approved adult local criminal justice facility. +15820.942. +(a) The board may issue up to two hundred seventy million dollars ($270,000,000) in revenue bonds, notes, or bond anticipation notes, pursuant to Chapter 5 (commencing with Section 15830), to finance the acquisition, design, and construction, including, without limitation, renovation, and a reasonable construction reserve, of approved adult local criminal justice facilities described in Section 15820.940, and any additional amount authorized under Section 15849.6 to pay for the cost of financing. +(b) Proceeds from the revenue bonds, notes, or bond anticipation notes may be used to reimburse a participating county for the costs of acquisition, design, and construction, including, without limitation, renovation, for approved adult local criminal justice facilities. +(c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.941 are continuously appropriated for purposes of this chapter. +15820.943. +In support of this state financing, the Legislature finds and declares all of the following: +(a) California’s current challenges in managing jail populations follow decades of overcrowded and aging jails, and piecemeal, erratic, and incomplete responses to dealing with these problems. Reversing course will require sustainable solutions that must include sound planning and implementation, and must be grounded in the principle that jail resources must be well-planned and employed efficiently and effectively to prevent overcrowding and promote public safety through the broader use of evidence-based practices and policies in the criminal justice system. +(b) California needs a long-term, statewide strategy to effectively manage its jail population and jail resources. Without an ongoing analytical framework for taking into account factors such as population growth, criminogenic needs of the current and future jail populations, crime rates, custodial housing needs, and additional changes to realignment or sentencing laws and practices, California will continue to resort to reactive, fragmentary fixes to its jail condition and capacity problems instead of being fully prepared to develop an effective and sustainable system of local custodial facilities. +(c) The county adult criminal justice system needs improved housing with an emphasis on expanding program and treatment space to manage the adult offender population under its jurisdiction. +(d) Improved county adult criminal justice housing with an emphasis on expanding program and treatment space will enhance public safety throughout the state by providing increased access to appropriate programs or treatment. +(e) By improving county adult criminal justice housing with an emphasis on expanding program and treatment space, this financing will serve a critical state purpose by promoting public safety. +(f) This purpose represents valuable consideration in exchange for this state action. +15820.944. +With the consent of the board, the BSCC or the CDCR and a participating county are authorized to enter into leases or subleases, as lessor or lessee, for any property or approved adult local criminal justice facility and are further authorized to enter into contracts or other agreements for the use, maintenance, and operation of the adult local criminal justice facility in order to facilitate the financing authorized by this chapter. In those leases, subleases, or other agreements, the participating county shall agree to indemnify, defend, and hold harmless the State of California for any and all claims and losses accruing and resulting from or arising out of the participating county’s use and occupancy of the adult local criminal justice facility. +15820.945. +(a) The BSCC shall adhere to its duly adopted regulations for the approval or disapproval of adult local criminal justice facilities. The BSCC shall also consider cost effectiveness in determining approval or disapproval. No state moneys shall be encumbered in contracts let by a participating county until one of the following occurs: +(1) Final architectural plans and specifications have been approved by the BSCC, and subsequent construction bids have been received. +(2) Documents prepared by a participating county pursuant to paragraph (1) of subdivision (a) of Section 22164 of the Public Contract Code have been approved by the BSCC, and subsequent design-build proposals have been received pursuant to that section. +(3) The participating county has notified the board of its intent to exercise an option to purchase the completed facility pursuant to Section 15820.941. +(b) The review and approval of plans, specifications, or other documents by the BSCC are for the purpose of ensuring the proper administration of moneys and the determination of whether the adult local criminal justice facility specifications comply with law and regulation. The BSCC may require changes in construction materials to enhance safety and security if materials proposed at the time of final plans and specifications are not essential and customary as used statewide for facilities of the same security level. Participating counties are responsible for the acquisition, design, construction, staffing, operation, repair, and maintenance of the adult local criminal justice facility. +(c) The BSCC shall establish minimum standards, funding schedules, and procedures, which shall take into consideration, but not be limited to, the following: +(1) Certification by a participating county of control of the adult local criminal justice facility site through either fee simple ownership of the site or comparable long-term possession of the site, and right of access to the adult local criminal justice facility sufficient to ensure undisturbed use and possession. +(2) Documentation of the need for improved adult local criminal justice facility housing with an emphasis on expanded program and treatment space. A county shall not be required to submit a new needs assessment if the county previously submitted a needs assessment for a request under the financing program described in Chapter 3.131 (commencing with Section 15820.93). +(3) A written adult local criminal justice facility proposal. +(4) Submission of a staffing plan for the adult local criminal justice facility, including operational cost projections and documentation that the adult local criminal justice facility will be able to be safely staffed and operated within 90 days of completion, as may be applicable. +(5) Submission of architectural drawings, which shall be approved by the BSCC for compliance with minimum adult detention facility standards and which shall also be approved by the State Fire Marshal for compliance with fire safety and life safety requirements. +(6) Documentation evidencing compliance with the California Environmental Quality Act (CEQA). +(7) Provisions intended to maintain the tax-exempt status of the bonds, notes, or bond anticipation notes issued by the board. +15820.946. +(a) The participating county contribution for adult local criminal justice facilities financed under this chapter shall be a minimum of 10 percent of the total project costs. The BSCC may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution. +(b) The BSCC shall determine the funding and scoring criteria consistent with the requirements of this chapter. Financing shall be awarded only to those counties that have previously received only a partial award or have never received an award from the state within the financing programs authorized in Chapters 3.11 (commencing with Section 15820.90) to 3.131 (commencing with Section 15820.93), inclusive. Notwithstanding this restriction, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to Napa County. The funding criteria shall include, as a mandatory criterion, documentation of the percentage of pretrial inmates in the county jail from January 1, 2015, to December 31, 2015, inclusive, and a description of the county’s current risk assessment based pretrial release program. Funding preference shall also be given to counties that are most prepared to proceed successfully with this financing in a timely manner. The determination of preparedness to proceed shall include the following: +(1) Counties providing a board of supervisors’ resolution authorizing an adequate amount of available matching funds to satisfy the counties’ contribution and approving the forms of the project documents deemed necessary, as identified by the board to the BSCC, to effectuate the financing authorized by this chapter, and authorizing the appropriate signatory or signatories to execute those documents at the appropriate times. The identified matching funds in the resolution shall be compatible with the state’s lease-revenue bond financing. +(2) Counties providing documentation evidencing CEQA compliance has been completed. Documentation of CEQA compliance shall be either a final Notice of Determination or a final Notice of Exemption, as appropriate, and a letter from county counsel certifying the associated statute of limitations has expired and either no challenges were filed or identifying any challenges filed and explaining how they have been resolved in a manner that allows the project to proceed as proposed. +(c) Funding consideration shall be given to counties that are seeking to replace compacted, outdated, or unsafe housing capacity that will also add treatment space or counties that are seeking to renovate existing or build new facilities that provide adequate space for the provision of treatment and rehabilitation services, including mental health treatment. +(d) A participating county may replace existing housing capacity, realizing only a minimal increase of capacity, using this financing authority if the requesting county clearly documents an existing housing capacity deficiency. +(e) A participating county with a request resulting in any increase in capacity using this financing authority shall be required to certify and covenant in writing that the county is not, and will not be, leasing housing capacity to any other public or private entity for a period of 10 years beyond the completion date of the adult local criminal justice facility. +(f) Any locked facility constructed or renovated with state funding awarded under this program shall include space to provide onsite, in-person visitation capable of meeting or surpassing the minimum number of weekly visits required by state regulations for persons detained in the facility. +(g) Any county applying for financing authority under this program shall include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to this chapter. +SEC. 2. +This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","Existing law authorizes the Board of State and Community Corrections or the Department of Corrections and Rehabilitation, the State Public Works Board, and a participating county, as defined, to acquire, design, and construct an adult local criminal justice facility approved by the Board of State and Community Corrections, or to acquire a site or sites owned by, or subject to a lease option to purchase held by, a participating county. Existing law authorizes the State Public Works Board to issue up to $500,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities. The funds derived from those revenue bonds, notes, or bond anticipation notes are continuously appropriated for those purposes. +This bill would enact provisions similar to the provisions described above authorizing the Board of State and Community Corrections or the Department of Corrections and Rehabilitation, the State Public Works Board, and a participating county, as defined, to acquire, design, and construct an adult local criminal justice facility, as defined. The bill would authorize the State Public Works Board to issue up to $270,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, setting aside $20,000,000 to be awarded to Napa County, and would continuously appropriate the funds for those purposes. Because the bill would continuously appropriate funds for these purposes, it would make an appropriation. The bill would establish procedures for approving and funding these projects. +This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to add Chapter 3.132 (commencing with Section 15820.94) to Part 10b of Division 3 of Title 2 of the Government Code, relating to correctional facilities, and making an appropriation therefor, to take effect immediately, bill related to the budget." +238,"The people of the State of California do enact as follows: + + +SECTION 1. +Item 2240-101-6082 of Section 2.00 of the Budget Act of 2016 is amended to read: +2240-101-6082—For local assistance, Department of Housing and Community Development, payable from the Housing for Veterans Fund ........................ +75,000,000 +Schedule: +(1) +1665-Financial Assistance Program ........................ +75,000,000 +Provisions: +1. +The Director of Finance may authorize an increase in this appropriation, up to the total amount of proceeds available pursuant to the Veterans Housing and Homeless Prevention Bond Act of 2014. Any approved increase shall correspond to the level of awards anticipated by the Department of Housing and Community Development. An approval of an augmentation may be authorized not sooner than 30 days after notification is provided in writing to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations. +2. +Notwithstanding Section 16304.1 of the Government Code, funds appropriated in this item shall be available for liquidation of encumbrances until June 30, 2022. The Director of Finance may authorize an extension of the liquidation period if it is determined that an extension is needed to facilitate a project’s completion. An approval may be authorized not sooner than 30 days after notification is provided in writing to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations. +3. +Of the funds appropriated in this item, $10,000,000 shall be made available by the Department of Housing and Community Development, in consultation with the Department of Veterans Affairs, for loans to counties or private nonprofit organizations, or both, for the construction or rehabilitation of transitional housing or shelter facilitates that provide services for homeless veterans. The Department of Housing and Community Development shall include in the guidelines priority for applicants that demonstrate need and focus on long-term solutions, including funding for mental health and addiction treatment services, as well as having proven long-term effectiveness. +SEC. 2. +Item 2240-105-0001 of Section 2.00 of the Budget Act of 2016 is amended to read: +2240-105-0001—For transfer by the Controller to the Emergency Housing and Assistance Fund ........................ +45,000,000 +Provisions: +1. +The funds transferred by this item shall be used for support costs and local assistance associated with administering the California Emergency Solutions Grant Program as set forth in Chapter 19 (commencing with Section 50899.1) of Part 2 of Division 31 of the Health and Safety Code. +2. +Of the funds appropriated in this item, $10,000,000 shall be made available to the Office of Emergency Services for the Homeless Youth Emergency Service Pilot Projects as set forth in Chapter 6 (commencing with Section 13700) of Part 3 of Division 9 of the Welfare and Institutions Code to fund new pilot projects over five years for the County of Orange, the County of Fresno, the County of San Bernardino, and the County of El Dorado. +SEC. 3. +Item 4260-001-3085 of Section 2.00 of the Budget Act of 2016 is amended to read: +4260-001-3085—For support of Department of Health Care Services, payable from the Mental Health Services Fund ........................ + + +13,120,000 + +13,620,000 +Schedule: +(1) +3960-Health Care Services ........................ + + +13,120,000 + +13,620,000 +Provisions: +1. +Funds appropriated in this item are in lieu of the amounts that otherwise would have been appropriated for administration pursuant to subdivision (d) of Section 5892 of the Welfare and Institutions Code. +2. +Of the funds appropriated in this item, $4,000,000 is available for encumbrance or expenditure until June 30, 2019, to support suicide hotlines throughout the state only if the Department of Finance determines that funds are available from the amounts allocated for state administration of the Mental Health Services Fund pursuant to subdivision (d) of Section 5892 of the Welfare and Institutions Code. These funds shall not be released sooner than 30 days after the Department of Finance provides notification of the availability of funds in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees in each house of the Legislature that consider the State Budget, and the Chairperson of the Joint Legislative Budget Committee. +SEC. 4. +Section 39.00 of the Budget Act of 2016 is amended to read: +SEC. 39.00. +The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 1600, AB 1601, AB 1602, AB 1603, AB 1604, AB 1605, AB 1606, AB 1607, AB 1608, AB 1609, AB 1610, AB 1611, AB 1612, AB 1613, AB 1614, AB 1615, AB 1616, AB 1617, AB 1618, AB 1619, AB 1620, AB 1621, AB 1622, AB 1623, SB 828, SB 829, SB 830, SB 831, SB 832, SB 833, SB 834, SB 835, SB 836, SB 837, SB 838, SB 839, SB 840, SB 841, SB 842, SB 843, SB 844, SB 845, SB 846, SB 847, SB 848, SB 849, SB 850, +SB 851, +and SB 852. +SEC. 5. +This act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately. +SECTION 1. +It is the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2016.","The Budget Act of 2016 made appropriations for the support of state government for the 2016–17 fiscal year. +This bill would amend the Budget Act of 2016 by revising items of appropriation and making other changes. +This bill would declare that it is to take effect immediately as a Budget Bill. +This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2016.","An act relating to the Budget Act of 2016. +An act to amend the Budget Act of 2016 by amending Items 2240-101-6082, 2240-105-0001, and 4260-001-3085 of Section 2.00 of, and Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill." +239,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 905.2 of the Government Code is amended to read: +905.2. +(a) This section shall apply to claims against the state filed with the Department of General Services except as provided in subparagraph (B) of paragraph (2) of subdivision (b). +(b) There shall be presented in accordance with this chapter and Chapter 2 (commencing with Section 910) all claims for money or damages against the state: +(1) For which no appropriation has been made or for which no fund is available but the settlement of which has been provided for by statute or constitutional provision. +(2) (A) For which the appropriation made or fund designated is exhausted. +(B) Claims for reissuance of stale, dated, or replacement warrants shall be filed with the state entity that originally issued the warrant and, if allowed, shall be paid from the issuing entity’s current appropriation. +(3) For money or damages on express contract, or for an injury for which the state is liable. +(4) For which settlement is not otherwise provided for by statute or constitutional provision. +(c) Claimants shall pay a filing fee of twenty-five dollars ($25) for filing a claim described in subdivision (b), except for claims for reissuance of stale, dated, or replacement warrants as described in subparagraph (B) of paragraph (2) of subdivision (b). This fee shall be deposited into the Service Revolving Fund and shall only be available for the support of the Department of General Services upon appropriation by the Legislature. +(1) The fee shall not apply to the following persons: +(A) Persons who are receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplementary Payment (SSP) programs (Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code), the federal Supplemental Nutrition Assistance Program (SNAP; 7 U.S.C. Sec. 2011 et seq.), or Section 17000 of the Welfare and Institutions Code. +(B) Persons whose monthly income is 125 percent or less of the current monthly poverty line annually established by the Secretary of California Health and Human Services pursuant to the federal Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), as amended. +(C) Persons who are sentenced to imprisonment in a state prison or confined in a county jail, or who are residents in a state institution and, within 90 days prior to the date the claim is filed, have a balance of one hundred dollars ($100) or less credited to the inmate’s or resident’s trust account. A certified copy of the statement of the account shall be submitted. +(2) Any claimant who requests a fee waiver shall attach to the application a signed affidavit requesting the waiver and verification of benefits or income and any other required financial information in support of the request for the waiver. +(3) Notwithstanding any other law, an applicant shall not be entitled to a hearing regarding the denial of a request for a fee waiver. +(d) The time for the Department of General Services to determine the sufficiency, timeliness, or any other aspect of the claim shall begin when any of the following occur: +(1) The claim is submitted with the filing fee. +(2) The fee waiver is granted. +(3) The filing fee is paid to the department upon the department’s denial of the fee waiver request, so long as payment is received within 10 calendar days of the mailing of the notice of the denial. +(e) Upon approval of the claim by the Department of General Services, the fee shall be reimbursed to the claimant, except that no fee shall be reimbursed if the approved claim was for the payment of an expired warrant. Reimbursement of the filing fee shall be paid by the state entity against which the approved claim was filed. If the claimant was granted a fee waiver pursuant to this section, the amount of the fee shall be paid by the state entity to the department. The reimbursement to the claimant or the payment to the department shall be made at the time the claim is paid by the state entity, or shall be added to the amount appropriated for the claim in an equity claims bill. +(f) The Department of General Services may assess a surcharge to the state entity against which the approved claim was filed in an amount not to exceed 15 percent of the total approved claim. The department shall not include the refunded filing fee in the surcharge calculation. This surcharge shall be deposited into the Service Revolving Fund and may be appropriated in support of the department in the annual Budget Act. +(1) The surcharge shall not apply to approved claims to reissue expired warrants. +(2) Upon the request of the department in a form prescribed by the Controller, the Controller shall transfer the fees from the state entity’s appropriation to the appropriation for the support of the department. However, the department shall not request an amount that shall be submitted for legislative approval pursuant to Section 14659.10. +(g) The filing fee required by subdivision (c) shall apply to all claims filed after June 30, 2004, or the effective date of this statute. The surcharge authorized by subdivision (f) may be calculated and included in claims paid after June 30, 2004, or the effective date of the statute adding this subdivision. +(h) This section shall not apply to claims made for a violation of the California Whistleblower Protection Act (Article 3 (commencing with Section 8547) of Chapter 6.5 of Division 1 of Title 2). +SEC. 2. +Section 8590.6 of the Government Code is amended to read: +8590.6. +For the purposes of this article: +(a) “Comprehensive services” means primary services that include all of the following: +(1) Shelter or established referral services for shelter on a 24 hours a day, seven days a week, basis. +(2) A 24 hours a day, seven days a week, telephone hotline for crisis calls. +(3) Temporary housing and food facilities. +(4) Psychological support and peer counseling provided in accordance with Section 1038.2 of the Evidence Code. +(5) Referrals to existing services in the community. +(6) Emergency transportation, as feasible. +(b) “Director” means the Director of the Office of Emergency Services. +(c) “Fund” means the Human Trafficking Victims Assistance Fund. +(d) “Human trafficking caseworker” means a human trafficking caseworker as defined in Section 1038.2 of the Evidence Code, or a human trafficking caseworker who is employed by a homeless services provider that serves homeless children or youth and has completed a minimum of eight hours of training focused on victims of human trafficking from the Runaway and Homeless Youth Training and Technical Assistance Center. +(e) “Office” means the Office of Emergency Services. +(f) “Qualified nonprofit organization” means a nongovernmental, nonprofit organization that does both of the following: +(1) Employs a minimum of one individual who is a human trafficking caseworker. +(2) Provides services to victims of human trafficking, including, but not limited to, housing assistance, counseling services, and social services to victims of human trafficking. +(g) “Victim of human trafficking” means any person who is a trafficking victim as described in Section 236.1 of the Penal Code and satisfies either of the following conditions: +(1) Was trafficked in the state. +(2) Fled his or her trafficker to the state. +SEC. 3. +Section 15820.946 of the Government Code is amended to read: +15820.946. +(a) The participating county contribution for adult local criminal justice facilities financed under this chapter shall be a minimum of 10 percent of the total project costs. The BSCC may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution. +(b) The BSCC shall determine the funding and scoring criteria consistent with the requirements of this chapter. Financing shall be awarded only to those counties that have previously received only a partial award or have never received an award from the state within the financing programs authorized in Chapters 3.11 (commencing with Section 15820.90) to 3.131 (commencing with Section 15820.93), inclusive. +Notwithstanding this restriction, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to Napa County. +The funding criteria shall include, as a mandatory criterion, documentation of the percentage of pretrial inmates in the county jail from January 1, 2015, to December 31, 2015, inclusive, and a description of the county’s current risk assessment based pretrial release program. Funding preference shall also be given to counties that are most prepared to proceed successfully with this financing in a timely manner. The determination of preparedness to proceed shall include the following: +(1) Counties providing a board of supervisors’ resolution authorizing an adequate amount of available matching funds to satisfy the counties’ contribution and approving the forms of the project documents deemed necessary, as identified by the board to the BSCC, to effectuate the financing authorized by this chapter, and authorizing the appropriate signatory or signatories to execute those documents at the appropriate times. The identified matching funds in the resolution shall be compatible with the state’s lease-revenue bond financing. +(2) Counties providing documentation evidencing CEQA compliance has been completed. Documentation of CEQA compliance shall be either a final Notice of Determination or a final Notice of Exemption, as appropriate, and a letter from county counsel certifying the associated statute of limitations has expired and either no challenges were filed or identifying any challenges filed and explaining how they have been resolved in a manner that allows the project to proceed as proposed. +(c) Funding consideration shall be given to counties that are seeking to replace compacted, outdated, or unsafe housing capacity that will also add treatment space or counties that are seeking to renovate existing or build new facilities that provide adequate space for the provision of treatment and rehabilitation services, including mental health treatment. +(d) A participating county may replace existing housing capacity, realizing only a minimal increase of capacity, using this financing authority if the requesting county clearly documents an existing housing capacity deficiency. +(e) A participating county with a request resulting in any increase in capacity using this financing authority shall be required to certify and covenant in writing that the county is not, and will not be, leasing housing capacity to any other public or private entity for a period of 10 years beyond the completion date of the adult local criminal justice facility. +(f) Any locked facility constructed or renovated with state funding awarded under this program shall include space to provide onsite, in-person visitation capable of meeting or surpassing the minimum number of weekly visits required by state regulations for persons detained in the facility. +(g) Any county applying for financing authority under this program shall include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to this chapter. +SEC. 4. +Section 15820.947 is added to the Government Code, to read: +15820.947. +Notwithstanding the award restriction in subdivision (b) of Section 15820.946, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to the County of Napa without the submission of any further adult local criminal justice facility proposal. This amount may be utilized in conjunction with a partial award made to the County of Napa pursuant to Chapter 3.131 (commencing with Section 15820.93). These awards represent the maximum state contribution for the adult local criminal justice facility in the County of Napa. +SEC. 3. +SEC. 5. +The sum of three million dollars ($3,000,000) is hereby appropriated from the Gambling Control Fund to the Department of Justice for the purposes of Schedule (2) of Item 0820-001-0567 of Section 2.00 of the Budget Act of 2016 in order to address the backlog in investigations related to card room licensing +SEC. 4. +SEC. 6. +This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","Existing law with respect to claims against public entities authorizes the “board,” as defined, to assess a surcharge to the state entity against which an approved claim was filed in an amount not to exceed 15% of the claim. Existing law requires the surcharge to be deposited into the General Fund and provides that it may be appropriated in support of the board in the annual Budget Act. +This bill would specify that the Department of General Services may assess this surcharge, would require the surcharge to be deposited into the Service Revolving Fund, and would specify that the surcharge may be appropriated to the department in the annual Budget Act. +Existing law defines a human trafficking caseworker to mean a human trafficking caseworker as defined by the Evidence Code. +This bill would expand that definition to include a human trafficking caseworker who is employed by a homeless services provider that serves homeless children or youth and has completed a minimum of 8 hours of training focused on victims of human trafficking from the Runaway and Homeless Youth Training and Technical Assistance Center. +This bill would appropriate $3,000,000 from the Gambling Control Fund to the Department of Justice for the purposes of addressing the backlog in investigations related to card room licensing. +Existing law authorizes the State Public Works Board to issue up to $270,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, setting aside $20,000,000 to be awarded to the County of Napa. +This bill would require that $20,000,000 of the amount issued by the board in revenue bonds, notes, or bond anticipation notes to be set aside and awarded to the County of Napa without the submission of any further adult local criminal justice facility proposal. The bill would also authorize those funds to be utilized in conjunction with a partial award made to the County of Napa pursuant to other specified provisions. +This bill would appropriate $1,000 from the General Fund to the Board of State and Community Corrections for administrative costs related to the bill. +This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to amend Sections +905.2 and 8590.6 of +905.2, 8590.6, and 15820.946 of, and to add Section 15820.947 to, +the Government Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget." +240,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 76000.5 of the Government Code is amended to read: +76000.5. +(a) (1) Except as otherwise provided in this section, for purposes of supporting emergency medical services pursuant to Chapter 2.5 (commencing with Section 1797.98a) of Division 2.5 of the Health and Safety Code, in addition to the penalties set forth in Section 76000, the county board of supervisors may elect to levy an additional penalty in the amount of two dollars ($2) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including violations of Division 9 (commencing with Section 23000) of the Business and Professions Code relating to the control of alcoholic beverages, and all offenses involving a violation of the Vehicle Code or a local ordinance adopted pursuant to the Vehicle Code. This penalty shall be collected together with and in the same manner as the amounts established by Section 1464 of the Penal Code. +(2) This additional penalty does not apply to the following: +(A) A restitution fine. +(B) A penalty authorized by Section 1464 of the Penal Code or this chapter. +(C) A parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. +(D) The state surcharge authorized by Section 1465.7 of the Penal Code. +(b) Funds shall be collected pursuant to subdivision (a) only if the county board of supervisors provides that the increased penalties do not offset or reduce the funding of other programs from other sources, but that these additional revenues result in increased funding to those programs. +(c) Moneys collected pursuant to subdivision (a) shall be taken from fines and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1463 of the Penal Code. +(d) Funds collected pursuant to this section shall be deposited into the Maddy Emergency Medical Services (EMS) Fund established pursuant to Section 1797.98a of the Health and Safety Code. +(e) This section shall remain in effect until January 1, 2027. +SEC. 2. +Section 1797.98a of the Health and Safety Code is amended to read: +1797.98a. +(a) The fund provided for in this chapter shall be known as the Maddy Emergency Medical Services (EMS) Fund. +(b) (1) Each county may establish an emergency medical services fund, upon the adoption of a resolution by the board of supervisors. The moneys in the fund shall be available for the reimbursements required by this chapter. The fund shall be administered by each county, except that a county electing to have the state administer its medically indigent services program may also elect to have its emergency medical services fund administered by the state. +(2) Costs of administering the fund shall be reimbursed by the fund in an amount that does not exceed the actual administrative costs or 10 percent of the amount of the fund, whichever amount is lower. +(3) All interest earned on moneys in the fund shall be deposited in the fund for disbursement as specified in this section. +(4) Each administering agency may maintain a reserve of up to 15 percent of the amount in the portions of the fund reimbursable to physicians and surgeons, pursuant to subparagraph (A) of, and to hospitals, pursuant to subparagraph (B) of, paragraph (5). Each administering agency may maintain a reserve of any amount in the portion of the fund that is distributed for other emergency medical services purposes as determined by each county, pursuant to subparagraph (C) of paragraph (5). +(5) The amount in the fund, reduced by the amount for administration and the reserve, shall be utilized to reimburse physicians and surgeons and hospitals for patients who do not make payment for emergency medical services and for other emergency medical services purposes as determined by each county according to the following schedule: +(A) Fifty-eight percent of the balance of the fund shall be distributed to physicians and surgeons for emergency services provided by all physicians and surgeons, except those physicians and surgeons employed by county hospitals, in general acute care hospitals that provide basic, comprehensive, or standby emergency services pursuant to paragraph (3) or (5) of subdivision (f) of Section 1797.98e up to the time the patient is stabilized. +(B) Twenty-five percent of the fund shall be distributed only to hospitals providing disproportionate trauma and emergency medical care services. +(C) Seventeen percent of the fund shall be distributed for other emergency medical services purposes as determined by each county, including, but not limited to, the funding of regional poison control centers. Funding may be used for purchasing equipment and for capital projects only to the extent that these expenditures support the provision of emergency services and are consistent with the intent of this chapter. +(c) The source of the moneys in the fund shall be the penalty assessment made for this purpose, as provided in Section 76000 of the Government Code. +(d) Any physician and surgeon may be reimbursed for up to 50 percent of the amount claimed pursuant to subdivision (a) of Section 1797.98c for the initial cycle of reimbursements made by the administering agency in a given year, pursuant to Section 1797.98e. All funds remaining at the end of the fiscal year in excess of any reserve held and rolled over to the next year pursuant to paragraph (4) of subdivision (b) shall be distributed proportionally, based on the dollar amount of claims submitted and paid to all physicians and surgeons who submitted qualifying claims during that year. +(e) Of the money deposited into the fund pursuant to Section 76000.5 of the Government Code, 15 percent shall be utilized to provide funding for all pediatric trauma centers throughout the county, both publicly and privately owned and operated. The expenditure of money shall be limited to reimbursement to physicians and surgeons, and to hospitals for patients who do not make payment for emergency care services in hospitals up to the point of stabilization, or to hospitals for expanding the services provided to pediatric trauma patients at trauma centers and other hospitals providing care to pediatric trauma patients, or at pediatric trauma centers, including the purchase of equipment. Local emergency medical services (EMS) agencies may conduct a needs assessment of pediatric trauma services in the county to allocate these expenditures. Counties that do not maintain a pediatric trauma center shall utilize the money deposited into the fund pursuant to Section 76000.5 of the Government Code to improve access to, and coordination of, pediatric trauma and emergency services in the county, with preference for funding given to hospitals that specialize in services to children, and physicians and surgeons who provide emergency care for children. Funds spent for the purposes of this section shall be known as Richie’s Fund. This subdivision shall remain in effect until January 1, 2027. +(f) Costs of administering money deposited into the fund pursuant to Section 76000.5 of the Government Code shall be reimbursed from the money collected in an amount that does not exceed the actual administrative costs or 10 percent of the money collected, whichever amount is lower. This subdivision shall remain in effect until January 1, 2027.","Existing law establishes the Maddy Emergency Medical Services (EMS) Fund, and authorizes each county to establish an emergency medical services fund for reimbursement of costs related to emergency medical services. Existing law, until January 1, 2017, authorizes county boards of supervisors to elect to levy an additional penalty, for deposit into the EMS Fund, in the amount of $2 for every $10 upon fines, penalties, and forfeitures collected for criminal offenses. Existing law, until January 1, 2017, requires 15% of the funds collected pursuant to that provision to be used to provide funding for pediatric trauma centers. +This bill would extend the operative date of these provisions until January 1, 2027.","An act to amend Section 76000.5 of the Government Code, and to amend Section 1797.98a of the Health and Safety Code, relating to emergency medical services." +241,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 273.5 of the Penal Code is amended to read: +273.5. +(a) +(1) +Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment. +(2) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b), where the corporal injury resulting in a traumatic condition is caused in whole or in part by strangulation or suffocation, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment. For purposes of this paragraph, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck. +(b) Subdivision (a) shall apply if the victim is or was one or more of the following: +(1) The offender’s spouse or former spouse. +(2) The offender’s cohabitant or former cohabitant. +(3) The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243. +(4) The mother or father of the offender’s child. +(c) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section. +(d) As used in this section, “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, +including, but not limited to, injury as a result of strangulation or suffocation, +whether of a minor or serious nature, caused by a physical force. +For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck. +(e) For the purpose of this section, a person shall be considered the father or mother of another person’s child if the alleged male parent is presumed the natural father under Sections 7611 and 7612 of the Family Code. +(f) (1) Any person convicted of violating this section for acts occurring within seven years of a previous conviction under subdivision (a), or subdivision (d) of Section 243, or Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000). +(2) Any person convicted of a violation of this section for acts occurring within seven years of a previous conviction under subdivision (e) of Section 243 shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine. +(g) If probation is granted to any person convicted under subdivision (a), the court shall impose probation consistent with the provisions of Section 1203.097. +(h) If probation is granted, or the execution or imposition of a sentence is suspended, for any defendant convicted under subdivision (a) who has been convicted of any prior offense specified in subdivision (f), the court shall impose one of the following conditions of probation: +(1) If the defendant has suffered one prior conviction within the previous seven years for a violation of any offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 15 days. +(2) If the defendant has suffered two or more prior convictions within the previous seven years for a violation of any offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 60 days. +(3) The court, upon a showing of good cause, may find that the mandatory imprisonment required by this subdivision shall not be imposed and shall state on the record its reasons for finding good cause. +(i) If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may include, consistent with the terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements: +(1) That the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097. +(2) (A) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. +(B) For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. An order to make payments to a battered women’s shelter shall not be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. +(j) Upon conviction under subdivision (a), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation. +(k) If a peace officer makes an arrest for a violation of this section, the peace officer is not required to inform the victim of his or her right to make a citizen’s arrest pursuant to subdivision (b) of Section 836. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SECTION 1. +Section 273.5 of the +Penal Code +is amended to read: +273.5. +(a)Every person who willfully inflicts corporal injury that results in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment. +(b)Subdivision (a) applies if the victim is or was one or more of the following: +(1)The offender’s spouse or former spouse. +(2)The offender’s cohabitant or former cohabitant. +(3)The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243. +(4)The mother or father of the offender’s child. +(c)Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as that term is used in this section. +(d)As used in this section, “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck. +(e)For the purpose of this section, a person shall be considered the father or mother of another person’s child if the alleged male parent is presumed the natural father under Sections 7611 and 7612 of the Family Code. +(f)(1)Every person convicted of violating this section for acts occurring within seven years of a previous conviction under subdivision (a), or subdivision (d) of Section 243, or Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000). +(2)Every person convicted of a violation of this section for acts occurring within seven years of a previous conviction under subdivision (e) of Section 243 shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine. +(g)If probation is granted to a person convicted under subdivision (a), the court shall impose probation consistent with the provisions of Section 1203.097. +(h)If probation is granted, or the execution or imposition of a sentence is suspended, for a defendant convicted under subdivision (a) who has been convicted of a prior offense specified in subdivision (f), the court shall impose one of the following conditions of probation: +(1)If the defendant has suffered one prior conviction within the previous seven years for a violation of an offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 15 days. +(2)If the defendant has suffered two or more prior convictions within the previous seven years for a violation of an offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 60 days. +(3)The court, upon a showing of good cause, may find that the mandatory imprisonment required by this subdivision shall not be imposed and shall state on the record its reasons for finding good cause. +(i)If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may include, consistent with the terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements: +(1)That the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097. +(2)(A)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. +(B)For an order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. An order to make payments to a battered women’s shelter shall not be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. +(j)Upon conviction under subdivision (a), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation. +(k)If a peace officer makes an arrest for a violation of this section, the peace officer is not required to inform the victim of his or her right to make a citizen’s arrest pursuant to subdivision (b) of Section 836.","Existing law makes it a crime, punishable by a fine, by imprisonment, or by both a fine and imprisonment, for a person to willfully inflict corporal +injury +injury, including, but not limited to, by strangulation or suffocation, +resulting in a traumatic condition upon a person with whom the defendant has been in a specified domestic relationship. +This bill would make technical, nonsubstantive changes to these provisions. +This bill would make it a crime, punishable by a fine, by imprisonment, or by both a fine and imprisonment, for a person to willfully inflict corporal injury resulting in a traumatic condition by strangulation or suffocation upon a person with whom the defendant has been in a specified domestic relationship. By increasing the duties of local prosecutors, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 273.5 of the Penal Code, relating to domestic violence." +242,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 52074.5 is added to the Education Code, to read: +52074.5. +(a) +(1) +Commencing with the 2016–17 fiscal year, the California Collaborative for Educational Excellence shall establish a statewide +infrastructure +process +to provide professional development training to school districts, county offices of education, and charter schools for the purpose of successfully utilizing the evaluation rubrics adopted by the state board pursuant to Section 52064.5. +(2) School districts, county offices of education, and charter schools that participate in professional development training are encouraged to include in the training all stakeholders that are involved in the development of a local control and accountability plan, including, but not limited to, teachers, principals, administrators, other school personnel, local bargaining units of the school district or county office of education, parents, pupils, and members of the community, as required pursuant to subdivision (e) of Section 47606.5, subdivision (g) of Section 52060, Section 52062, subdivision (g) of Section 52066, and Section 52068. +(b) The professional development training shall include, but shall not be limited to, all of the following: +(1) Information on how the evaluation rubrics are used for the development and implementation of the local control and accountability plans required pursuant to Sections 52060 and 52066, and the requirements of subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605 and subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6. +(2) Information on how the evaluation rubrics will be used to improve pupil outcomes, with emphasis on closing the achievement gap for unduplicated pupils, as defined in Section 42238.02, and the pupil subgroups identified in Section 52052. +(3) The role of statewide and local data in using the evaluation rubrics to inform the development of local control and accountability plans and to communicate with stakeholders. +(4) Information on how the evaluation rubrics will be used, in conjunction with local control and accountability plans, to establish a system of continuous improvement, as identified in subdivision (c) of Section 52064.5. +(c) The California Collaborative for Educational Excellence shall ensure that the professional development training is provided in each region of the state and available to all school districts, county offices of education, and charter schools. The California Collaborative for Educational Excellence may contract with one or more entities to provide the professional development training. +(d) (1) The California Collaborative for Educational Excellence shall submit an implementation plan to the relevant policy and fiscal committees of the Legislature, the Director of Finance, and the Legislative Analyst’s Office within 30 days of the state board’s adoption of the evaluation rubrics. The plan shall include relevant expenditure and provider information, and a timeline to commence training by no later than October 15, 2016. +(2) The implementation plan shall also include information on how the California Collaborative for Educational Excellence will determine the appropriate sequence of which local educational agencies will receive the professional development training. +(e) +(1) +During the 2017–18 fiscal year, the California Collaborative for Educational Excellence shall conduct a survey of school districts, county offices of education, and charter schools on how they used the evaluation rubrics to develop and implement their most recent local control and accountability plan, or meet the requirements of subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605 or subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. +(2) The California Collaborative for Educational Excellence may contract with one or more entities to develop, administer, monitor, and analyze the survey. +(f) This section shall not be implemented unless funding is provided for its purposes in the annual Budget Act or another enacted statute. +SEC. 2. +Section 52074.6 is added to the Education Code, to read: +52074.6. +(a) (1) During the 2016–17 and 2017–18 fiscal years, the California Collaborative for Educational Excellence shall implement a pilot program that will inform its long-term efforts to advise and assist school districts, county superintendents of schools, and charter schools in improving pupil outcomes pursuant to Section 52074. +(2) It is the intent of the Legislature that this pilot program be used to advise the governing board of the California Collaborative for Educational Excellence in their efforts to provide research based, quality advice and assistance to local educational agencies. Nothing in this section prohibits the California Collaborative for Educational Excellence from continuing to meet the requirements of Section 52074 in the 2016–17 fiscal year or in future fiscal years. +(b) On or before August 15, 2016, the governing board of the California Collaborative for Educational Excellence shall submit a plan for implementing the pilot program to the relevant policy and fiscal committees of the Legislature, the Director of Finance, and the Legislative Analyst’s Office. At a minimum, the plan shall describe all of the following: +(1) The goals of the pilot program, including, but not limited to, improving pupil outcomes related to the state priorities identified in Sections 52060 and 52066. +(2) The major implementation activities of the pilot program and the means for assessing whether the goals are met. +(3) An implementation timeline and a program budget, with anticipated expenditures and funding sources. +(c) (1) The Superintendent shall assign the California Collaborative for Educational Excellence to assist school districts, county offices of education, and charter schools in the pilot program. In making those assignments, the Superintendent shall consider input from the collaborative and any requests from school districts, county superintendents of schools, or charter schools to participate in the pilot program. +(2) To the extent possible, the pilot program shall include school districts, county offices of education, and charter schools from urban, suburban, and rural areas representing all regions of the state, as well as those with enrollment of unduplicated pupils, as defined in Section 42238.02, and the pupil subgroups identified in Section 52052. +(3) Participation by a local educational agency in the pilot program is voluntary and, notwithstanding Sections 52071 and 52071.5, participating local educational agencies shall not pay for any assistance provided pursuant to the pilot program. +(d) On or before November 1, 2018, the governing board of the California Collaborative for Educational Excellence shall report to the relevant policy and fiscal committees of the Legislature, the Director of Finance, and the Legislative Analyst’s Office about lessons learned from the pilot program and its implications for the ongoing work of the California Collaborative for Educational Excellence. +(e) This section shall not be implemented unless funding is provided for its purposes in the annual Budget Act or another enacted statute.","Existing law, on or before July 1, 2014, requires the governing board of each school district and each county board of education to adopt a local control and accountability plan and requires the governing board of each school district and each county board of education to update its local control and accountability plan on or before July 1 of each year. Existing law requires the local control and accountability plan to include certain elements, and requires the charter for a charter school to include some of those same elements. Existing law requires the State Board of Education, on or before October 1, 2016, to adopt evaluation rubrics to, among other things, assist a school district, county office of education, or charter school in evaluating its strengths, weaknesses, and areas that require improvement. Existing law establishes the California Collaborative for Educational Excellence for purposes of advising and assisting school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan. +This bill would require the collaborative, commencing with the 2016–17 fiscal year, to establish a statewide +infrastructure +process +to provide professional development training to school districts, county offices of education, and charter schools for the purpose of successfully utilizing the evaluation rubrics adopted by the state +board. +board and would encourage school districts, county offices of education, and charter schools that participate in professional development training to include in the training all stakeholders that are involved in the development of a local control and accountability plan, as provided. +The bill would require the professional development training to include, among other things, information on how the evaluation rubrics are used for the development and implementation of the local control and accountability plans and those similar elements in charter petitions, and information on how the evaluation rubrics will be used, in conjunction with local control and accountability plans, to establish a system of continuous improvement. The bill would require the collaborative to ensure that the professional development training is provided in each region of the state and is available to all school districts, county offices of education, and charter schools. The bill would require the collaborative to submit an implementation plan to the relevant policy and fiscal committees of the Legislature, the Director of Finance, and the Legislative Analyst’s Office within 30 days of the state board’s adoption of the evaluation rubrics, as specified. The bill also would require the collaborative, during the 2017–18 fiscal year, to conduct a survey of school districts, county offices of education, and charter schools on how they used the evaluation rubrics. +The bill would authorize the collaborative to contract with one or more entities to develop, administer, monitor, and analyze the survey. +The bill would require the collaborative, during the 2016–17 and 2017–18 fiscal years, to implement a pilot program that will inform its long-term efforts to advise and assist school districts, county superintendents of schools, and charter schools in improving pupil outcomes. The bill would require the Superintendent of Public Instruction to assign the collaborative to assist school districts, county offices of education, and charter schools in the pilot program, as provided, but participation in the pilot program by a local educational agency would be voluntary. The bill would require the governing board of the collaborative to submit to the relevant policy and fiscal committees of the Legislature, the Director of Finance, and the Legislative Analyst’s Office, an implementation plan for the pilot program on or before August 15, 2016, as specified, and a report about lessons learned from the pilot program and its implications for the ongoing work of the collaborative on or before November 1, 2018. +The bill would make the implementation of its provisions contingent upon funds being appropriated for its purposes in the annual Budget Act or another enacted statute.","An act to add Sections 52074.5 and 52074.6 to the Education Code, relating to school accountability." +243,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) According to the United States Department of Housing and Urban Development’s report to Congress, 115,738 people were estimated to be homeless in California in 2014, a rate that is unprecedented following a deep and prolonged economic recession, a severe shortage of safe and affordable housing, a failed veteran and civilian mental health system, and a diminished social safety net. +(b) According to the United States Department of Education, 284,086 schoolchildren were known to have experienced homelessness in the 2013–14 school year. +(c) Homelessness is an independent risk factor for a number of illnesses, making people more susceptible to increased health problems due to high stress, sleep deprivation, unsanitary surroundings, lack of access to hygiene facilities, and a myriad of other situational stressors experienced by people without stable housing. Subsequently, people who are chronically homeless are more medically frail and three to four times more likely to die prematurely than their housed counterparts. +(d) Throughout California, local governments have enacted ordinances that make it illegal to rest or receive nourishment in public spaces. +(e) Ending homelessness in California will require significant state and federal resources and there is ample evidence that policies that invest in ending homelessness, rather than criminalizing and marginalizing people who are experiencing homelessness, adequately balance the needs of all parties: community residents, government agencies, businesses, and men and women who are experiencing homelessness. +(f) Passing this act will not reduce homelessness, but neither will local ordinances that criminalize homelessness. Instead, ordinances that criminalize homelessness result in increased incarceration rates and financial indebtedness of people who simply have no means of support and prolong homelessness by making it more difficult for people to secure housing, employment, and medical care. Criminalization policies further marginalize men and women who are experiencing homelessness, fuel inflammatory attitudes, and may even unduly restrict constitutionally protected liberties. +(g) That is why, on September 18, 2015, the United States Department of Housing and Urban Development included in the annual Notice of Funding Availability for the 2015 Continuum of Care Program +funding competition, +Competition +provisions that would award additional points to any application that could include steps the community is taking to reduce criminalization of homelessness. +(h) It is also why, on August 6, 2015, the United States Department of Justice submitted a rare statement of interest in a United States District Court in opposition to the criminalization of people who are homeless, calling it cruel and unusual punishment to punish someone for a crime with the potential for imprisonment and a violation of constitutional rights. +(i) While these ordinances apply to all residents, they disproportionately impact people without homes, who have no private place to rest or seek nourishment, and are often selectively applied by law enforcement to people based upon their appearance or an assumption of homelessness. +(j) In practice, these ordinances deprive persons experiencing homelessness and those who may be perceived as homeless of a safe and legal place to rest and seek nourishment, which adversely impacts their health and well-being. +(k) Sleep deprivation impairs cognitive processes and puts one at risk for obesity, heart disease, heart attack, heart failure, irregular heartbeat, high blood pressure, stroke, diabetes, and depression. People who are homeless suffer from sleep deprivation and, absent a place to rest, they suffer it more frequently. +(l) Because current practices have denied the right to adequate legal representation to people cited or arrested while resting or sharing food, homeless persons are often denied relief or damages through the courts. +(m) Both the federal government, through its Interagency Council on Homelessness, and the United Nations have recognized that discrimination and criminalization violate a homeless person’s human rights and have called upon state and local governments to cease enactment and enforcement of those laws. +(n) Homelessness and the increasing criminalization of homelessness and discrimination against those experiencing homelessness are widespread throughout California and are matters of statewide concern. +(o) Section 1 of Article I of the California Constitution provides that “[a]ll people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy,” without qualification as to whether or not a person is, or appears to be, homeless. +(p) Subdivision (a) of Section 7 of Article I of the California Constitution provides that “[a] person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws ... .” +(q) Concordant with this fundamental belief, a person should not be subject to discrimination based on his or her income, housing status, or ability or desire to appear housed. Therefore, it is the intent of the Legislature in enacting this legislation to protect the rights of all Californians, regardless of their housing status, and ameliorate the adverse effects caused by the criminalization of homelessness on our communities and our citizens. +(r) Decriminalization of rest allows municipal governments to redirect resources from local enforcement activities to activities that address the root causes of homelessness and poverty. +SEC. 2. +Part 2.2 (commencing with Section 53.8) is added to Division 1 of the Civil Code, to read: +PART 2.2. Homeless Persons +53.8. +For purposes of this part, the following definitions shall apply: +(a) “Homeless persons,” “homeless people,” or “persons experiencing homelessness” means those individuals or members of families who lack a fixed, regular, and adequate nighttime residence, including people defined as homeless using the criteria established in the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009. +(b) “Public space” means any property that is owned by a government entity or +any property +upon which there is an easement for public use and that is held open to the public, including, but not limited to, plazas, courtyards, parking lots, sidewalks, public transportation facilities and services, public buildings, shopping centers, and parks. +The ability to rest shall not apply to a public space during a time it is closed to all persons or when a fee is required for entry or use. +(c) “Rest” means the state of not moving, holding certain postures that include, but are not limited to, sitting, standing, leaning, kneeling, squatting, sleeping, or lying. +53.81. +(a) It is the intent of the Legislature that this section be interpreted broadly so as to prohibit policies or practices that are discriminatory in either their purpose or effect. +(b) Persons experiencing homelessness shall be permitted to use public space in the ways described in this section at any time that the public space is open to the public without discrimination based upon their housing status, and without being subject to criminal, civil, or administrative penalties. Permitted use of the public space include, but are not limited to, all of the following: +(1) Free movement without restraint. +(2) Sleeping or resting, and protecting oneself from the elements while sleeping or resting in a nonobstructive manner. +(3) Eating, sharing, accepting, or giving food in a space in which having food is not otherwise generally prohibited. +(4) Praying, meditating, worshiping, or practicing religion. +(c) Nothing in this section shall prevent law enforcement from enforcing laws to protect the right of people to use the sidewalk pursuant to the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). +(d) Nothing in this section shall prevent law enforcement from enforcing the Penal Code, except subdivision (e) of Section 647 of the Penal Code, so far as it prohibits +rest. +rest in public spaces as defined in subdivision (b) of Section 53.8. +53.82. +(a) Any person whose rights have been violated pursuant to this part may enforce those rights in a civil action. +(b) The court may award appropriate injunctive and declaratory relief, restitution for loss of property or personal effects and belongings, actual damages, compensatory damages, exemplary damages, statutory damages of one thousand dollars ($1,000) per violation, and reasonable attorney’s fees and costs to a prevailing plaintiff. +SEC. 3. +Section 11139.2 is added to the Government Code, to read: +11139.2. +To improve monitoring of discrimination based upon housing status and violations of Part 2.2 (commencing with Section 53.8) of Division 1 of the Civil Code, and to ensure that people who are experiencing homelessness are not unlawfully denied full and equal access to the benefits of state-funded programs or assistance, or unlawfully subjected to discrimination, all applicants for the United States Department of Housing and Urban Development’s Continuum of Care Homeless Assistance Program shall annually provide to the Department of Housing and Community Development’s Division of Housing Policy Development a copy of its application for funding from the United States Department of Housing and Urban Development that includes the organization’s response to the application question regarding steps that its community is taking to reduce criminalization of homelessness. +Notwithstanding Section 10231.5, the Department of Housing and Community Development shall compile the information regarding community actions to reduce criminalization of homelessness found in those applications and provide an annual report to the Assembly Housing and Community Development Committee and the Senate Transportation and Housing Committee. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides that no person shall, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. +This bill would afford persons experiencing homelessness the right to use public spaces without discrimination based on their housing status and describe basic human and civil rights that may be exercised without being subject to criminal or civil sanctions, including the right to use and to move freely in public spaces, the right to rest in public spaces and to protect oneself from the elements, the right to eat in any public space in which having food is not prohibited, and the right to perform religious observances in public spaces, as specified. The bill would state the intent of the Legislature that these provisions be interpreted broadly so as to prohibit policies or practices that are discriminatory in either their purpose or effect. +The bill would authorize a person whose rights have been violated pursuant to these provisions to enforce those rights in a civil action in which the court may award the prevailing plaintiff injunctive and declaratory relief, restitution, damages, statutory damages of $1,000 per violation, and fees and costs. +The bill would also require all applicants for the United States Department of Housing and Urban Development’s Continuum of Care Homeless Assistance Program to annually provide to the Department of Housing and Community Development’s Division of Housing Policy Development a copy of its application for funding from the United States Department of Housing and Urban Development that includes the organization’s response to the application question regarding steps that its community is taking to reduce criminalization of homelessness. Because the bill would require local agencies to perform additional duties, it would impose a state-mandated local program. +The bill would require the Department of Housing and Community Development to compile the information regarding community actions to reduce criminalization of homelessness found in those applications and provide a report to the Assembly Housing and Community Development Committee and the Senate Transportation and Housing Committee +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Part 2.2 (commencing with Section 53.8) to Division 1 of the Civil Code, and to add Section 11139.2 to, the Government Code, relating to homelessness." +244,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Information and data regarding violent deaths can help provide states and communities with a clearer understanding of violent deaths and therefore lead to better prevention of violent deaths. +(b) According to the federal Centers for Disease Control and Prevention (CDC), in the United States, violence accounts for approximately 56,000 deaths annually. Violent deaths result from the intentional use of physical force or power against oneself, another person, or a group or community, and include suicide, homicide, and legal intervention deaths. Violence adversely affects all Americans, not only through premature death, but also through medical costs and lost productivity. +(c) The CDC further notes that the cost of these deaths totaled $47.2 billion: $47 billion in work loss costs and $215 million in medical treatment. +(d) In 2002, the National Violent Death Reporting System (NVDRS) was established as a surveillance system that pulls together data on violent deaths. NVDRS collects information from death certificates, coroner or medical examiner reports, police reports, and crime laboratories. +(e) NVDRS data inform decisionmakers and program planners about the magnitude, trends, and characteristics of violent deaths in a particular state or community so appropriate prevention efforts can be identified and implemented, and the data facilitate the evaluation of state-based prevention programs and strategies. +(f) According to NVDRS, a national system will allow the CDC to provide information for every state to inform their prevention efforts. It will also ensure enhanced information on the national scope of the problem of violent deaths is available to monitor and track trends and to inform national efforts. +SEC. 2. +Article 3 (commencing with Section 131230) is added to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, to read: +Article 3. Electronic Violent Death Reporting System +131230. +(a) To the extent that funding is appropriated by the Legislature or available through private funds in each fiscal year, the department shall establish and maintain the California Electronic Violent Death Reporting System. +(b) The department shall collect data on violent deaths as reported from data sources, including, but not limited to, death certificates, law enforcement reports, and coroner or medical examiner reports. The department shall post on its Internet Web site a summary and analysis of the collected data. +(c) (1) The department may enter into a contract, grant, or other agreement with a local agency to collect the data specified in subdivision (b) within the agency’s jurisdiction. +(2) (A) The department may enter into a contract, grant, or other agreement with a local agency to collect the data specified in subdivision (b) from other local agencies if the following conditions are met: +(i) The local agency entering into the agreement agrees to collect the data from the other local agencies. +(ii) The local agency entering into the agreement is not responsible for reporting to the department data that have not been made available by the other local agencies. +(B) The other local agencies described in subparagraph (A) may also enter into their own agreements with the department pursuant to paragraph (1). +(3) The data collected pursuant to paragraph (1) or (2) shall be limited to data that the local agency entering into the agreement or the other local agencies are authorized to collect within their respective jurisdictions. +(4) A local agency entering into an agreement pursuant to paragraph (1) or (2) shall collect data based on existing or new data elements required by the California Electronic Violent Death Reporting System only to the extent that resources are made available. +(d) To the extent that funding is available for this purpose, a law enforcement agency may report to the department data on the circumstances surrounding all violent deaths from investigative reports and, if available, laboratory toxicology reports to be used by the department for the limited purpose of conducting public health surveillance and epidemiology. Aggregate data shall be public, but individual identifying information shall remain confidential. The collected data shall be based on the data elements of the federal Centers for Disease Control and Prevention’s National Violent Death Reporting System. +(e) The department may apply for grants provided under the National Violent Death Reporting System for purposes of implementing this section. +(f) The department may accept private or foundation moneys to implement this section. +(g) This section does not limit data sources that the department may collect, which may include any public agency document that may contain data on violent deaths. +131231. +For purposes of this article, “violent death” means a death resulting from the use of physical force or power against oneself, another person, or a group or community, and includes, but is not limited to, homicide, suicide, legal intervention deaths, unintentional firearm deaths, and undetermined intent deaths.","Existing law establishes the State Department of Public Health, which is responsible for various programs relating to the health and safety of people in the state, including licensing health facilities, regulating food and drug safety, and monitoring and preventing communicable and chronic diseases. +This bill would, to the extent that funding is appropriated by the Legislature or available through private funds in each fiscal year, require the department to establish and maintain the California Electronic Violent Death Reporting System. The bill would further require the department to collect data on violent deaths, as specified, and to post on the department’s Internet Web site a summary and analysis of the collected data. The bill would authorize the department to enter into a contract, grant, or other agreement with a local agency to collect certain data, within the agency’s own jurisdiction or through other local agencies, as specified, and would authorize the department to apply for grants to implement these provisions. The bill would, to the extent that funding is available for this purpose, authorize a law enforcement agency to report to the department data on the circumstances surrounding all violent deaths from investigative reports and laboratory toxicology reports to be used by the department for the limited purpose of conducting public health surveillance and epidemiology. The bill would also make related legislative findings and declarations.","An act to add Article 3 (commencing with Section 131230) to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, relating to public health." +245,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 510.5 is added to the Labor Code, to read: +510.5. +(a) This section shall be known, and may be cited as, the Reliable Scheduling Act of 2016. +(b) The provisions of this section are in addition to and independent of any other rights, remedies, or procedures available under any other law and do not diminish, alter, or negate any other legal rights, remedies, or procedures available to an aggrieved person. +(c) For the purposes of this section, the following terms have the following meanings: +(1) “Employee” means any individual except those exempt from the payment of an overtime rate of compensation for executive, administrative, and professional employees pursuant to wage orders by the Industrial Welfare Commission, as described in Section 515. +(2) “Employer” means a grocery store establishment, a restaurant, or a retail store establishment. +(3) “Grocery store establishment” means a physical store within the state that sells primarily household foodstuffs for offsite consumption, including, but not limited to, the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, and baked or prepared foods. Other household supplies or products are secondary to the primary purpose of food sales. +(4) “Merchandise” means material goods or consumables. +(5) (A) “Modification pay” means compensation in addition to an employee’s regular pay awarded for changes to an employee’s work schedule with less than seven days’ notice, as required in this section. +(B) Modification pay shall be calculated based on an employee’s hourly wage. If the employee, in the 90 days of employment prior to earning modification pay, had different hourly rates, was paid by commission or piece rate, or was a nonexempt salaried employee, the rate of pay to be used to calculate modification pay shall be calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment. +(6) “Restaurant” means any retail establishment serving food or beverages for onsite consumption, including, but not limited to, a restaurant, coffee shop, cafeteria, or café. +(7) “Retail store establishment” means a physical store within the state with more than 50 percent of its revenue generated from merchandise subject to the state’s sales and use tax, including, but not limited to, electronics, appliances, clothing, furniture, sporting goods, health and personal products, or a limited line of food products for onsite consumption. +(8) “Shift” means designated hours of work by an employee, with a designated beginning time and ending time. +(9) “Work schedule” means a written or electronic document that lists all scheduled shifts for all employees for at least 21 consecutive calendar days. +(d) (1) An employer shall provide its employees with a work schedule at least seven calendar days prior to the first shift on that work schedule. +(2) An employer may create separate work schedules for each department. +(3) All hours of work for all employees of an employer shall meet the definition of shift in subdivision (c). +(4) This section shall not be construed to prohibit an employer from providing greater advance notice of an employee’s work schedule or changes in an employee’s work schedule. +(5) This section shall not prohibit an employee from requesting additional or fewer hours of work. +(e) An employer shall provide an employee with modification pay, per shift, for each previously scheduled shift that the employer cancels or moves to another date or time or for any previously unscheduled shift that the employer requires an employee to work as follows: +(1) If less than seven days’ notice but more than 24 hours’ notice is given to the employee, the employee shall receive modification pay equal to or greater than one hour at the employee’s regular rate of pay. +(2) If less than 24 hours’ notice is given to the employee, the employee shall receive modification pay equal to or greater than half of that shift’s scheduled hours at the employee’s regular rate of pay, but in no event for less than two hours nor more than four hours. +(3) Modification pay required by this subdivision shall be in addition to an employee’s regular pay for working that shift. +(f) Subdivision (e) shall not apply to changes in the scheduling of rest periods, recovery periods, or meal periods. +(g) For each on-call shift for which an employee is required to be available but is not called in to work that shift, an employee shall receive modification pay equal to or greater than half of that shift’s scheduled hours at the employee’s regular rate of pay. +(h) Subdivisions (e) and (g) shall not apply to shifts for which an employee is compensated with reporting time pay as required by any wage order of the Industrial Welfare Commission. +(i) The requirements in subdivisions (e) and (g) shall not apply, and an employer shall not be deemed to have violated subdivision (e) or (g), under any of the following circumstances: +(1) Operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue. +(2) Operations cannot begin or continue because public utilities fail to supply electricity, water, or gas or there is a failure in the public utilities or sewer system. +(3) Operations cannot begin or continue due to an act of God or other cause not within the employer’s control, including, but not limited to, an earthquake or a state of emergency declared by a local government or the Governor. +(4) Another employee previously scheduled to work that shift is unable to work due to illness, vacation, or employer-provided paid or unpaid time off required by existing law or bona fide collective bargaining agreement when the employer did not receive at least seven days’ notice of the other employee’s absence. +(5) Another employee previously scheduled to work that shift has not reported to work on time, is fired, sent home as a disciplinary action, or told to stay at home as a disciplinary action. +(6) Two employees have mutually agreed to trade shifts. +(7) The employer requires the employee to work overtime, such as mandatory overtime. +(j) (1) In each workplace of the employer, the employer shall display a poster in a conspicuous place containing all the information in paragraph (2). The Labor Commissioner shall create a poster containing the information in paragraph (2) and shall make it available to all employers. +(2) The poster shall state all of the following: +(A) An employee of an employer is entitled to modification pay. +(B) The amount of modification pay provided for by this section. +(C) An employee has the right under this section to file a complaint with the Labor Commissioner against an employer that retaliates or discriminates against the employee. +(3) An employer that willfully violates paragraph (1) shall be subject to a civil penalty of not more than one hundred dollars ($100) for each offense. +(k) An employer shall keep for at least three years records documenting the hours worked and modification pay awarded and shall allow the Labor Commissioner to access these records pursuant to the requirements in Section 1174. An employer shall make these records available to an employee in the same manner as described in Section 226. +(l) (1) An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for filing a complaint with the appropriate enforcement agency or alleging a violation of this section, cooperating in an investigation or prosecution of an alleged violation of this section, or opposing any policy, practice or act that is prohibited by this section. +(2) There shall be a rebuttable presumption of unlawful retaliation if an employer discharges, threatens to discharge, demotes, suspends, or in any manner discriminates against an employee within 30 days of any of the following: +(A) The filing of a complaint by the employee with the Labor Commissioner or alleging a violation of this section. +(B) The cooperation of an employee with an investigation or prosecution of an alleged violation of this section. +(C) Opposition by the employee to a policy, practice, or act that is prohibited by this section. +(m) The Labor Commissioner shall enforce this section, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation or to maintain the status quo, pending the completion of a full investigation or hearing. +(n) (1) If the Labor Commissioner, after a hearing that contains adequate safeguards to ensure that the parties are afforded due process, determines that a violation of this section has occurred, he or she may order any appropriate relief, including, but not limited to, reinstatement, backpay, the payment of modification pay unlawfully withheld, and the payment of an additional sum in the form of an administrative penalty, to an employee or other person whose rights under this section were violated. +(2) If modification pay was unlawfully withheld, the dollar amount of modification pay withheld from the employee multiplied by three or two hundred fifty dollars ($250), whichever amount is greater, but not to exceed an aggregate penalty of four thousand dollars ($4,000), shall be included in the administrative penalty. +(3) If a violation of this section results in other harm to the employee or person, such as discharge from employment, or otherwise results in a violation of the rights of the employee or person, the administrative penalty shall include a sum of fifty dollars ($50) for each day or portion thereof that the violation occurred or continued, not to exceed an aggregate penalty of four thousand dollars ($4,000). +(o) Where prompt compliance by an employer is not forthcoming, the Labor Commissioner may take any appropriate enforcement action to secure compliance, including the filing of a civil action. In compensation to the state for the costs of investigating and remedying the violation, the commissioner may order the violating employer to pay to the state a sum of not more than fifty dollars ($50) for each day or portion of a day a violation occurs or continues for each employee or other person whose rights under this section were violated. +(p) An employee or other person may report to the Labor Commissioner a suspected violation of this section. The commissioner shall encourage reporting pursuant to this subdivision by keeping confidential, to the maximum extent permitted by applicable law, the name and other identifying information of the employee or person reporting the violation. However, the commissioner may disclose that employee’s or person’s name and identifying information as necessary to enforce this section or for other appropriate purposes, upon the authorization of that employee or person. +(q) The Labor Commissioner, the Attorney General, an employee or person aggrieved by a violation of this section, or an entity a member of which is aggrieved by a violation of this section may bring a civil action in a court of competent jurisdiction against the employer or other person violating this section and, upon prevailing, shall be entitled to collect legal or equitable relief on behalf of the aggrieved as may be appropriate to remedy the violation, including, but not limited to, reinstatement, backpay, the payment of modification pay unlawfully withheld, the payment of an additional sum, not to exceed an aggregate penalty of four thousand dollars ($4,000), as liquidated damages in the amount of fifty dollars ($50) to each employee or person whose rights under this section were violated for each day or portion thereof that the violation occurred or continued, plus, if the employer has unlawfully withheld modification pay to an employee, the dollar amount of modification pay withheld from the employee multiplied by three or two hundred fifty dollars ($250), whichever amount is greater, and reinstatement in employment or injunctive relief, and further shall be awarded reasonable attorney’s fees and costs, provided, however, that any person or entity enforcing this section on behalf of the public as provided for under applicable state law shall, upon prevailing, be entitled only to equitable, injunctive, or restitutionary relief, and reasonable attorney’s fees and costs. +(r) In an administrative or civil action brought under this section, the Labor Commissioner or court, as the case may be, shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code. +(s) The remedies, penalties, and procedures provided under this section are cumulative. +(t) The Labor Commissioner may promulgate all regulations and rules of practice and procedures necessary to carry out the provisions of this section. +(u) A violation of this section shall not be a misdemeanor under Section 553. +SECTION 1. +Section 600 of the +Labor Code +is amended to read: +600. +As used in this chapter, unless the context otherwise indicates, the following definitions shall apply: +(a)“Railroad” means any steam railroad, electric railroad, or railway, operated in whole or in part in this state. +(b)“Railroad corporation” means a corporation or receiver operating a railroad. +(c)“Trainman” means a conductor, motorman, engineer, fireman, brakeman, train dispatcher, or telegraph operator, employed by or working in connection with a railroad.","Existing law governs the relationship between an employer and an employee with regard to hiring, promotion, discipline, wages and hours, working conditions, and administrative and judicial remedies. Existing law authorizes the Labor Commissioner to investigate employee complaints and to conduct a hearing in any action to recover wages, penalties, and other demands for compensation. +This bill would require an employer, which includes a grocery store establishment, restaurant, or retail store establishment, to provide its employees with a work schedule at least 7 calendar days prior to the first shift on that work schedule, except as specified. The bill would require an employer, except as specified, to pay its employees modification pay for each previously scheduled shift that the employer cancels or moves to another date or time, for any previously unscheduled shift that the employer requires an employee to work, or for each on-call shift for which an employee is required to be available but is not called in to work that shift. The bill would require an employer to post a poster containing specified information regarding an employee’s right to receive modification pay and would require the Labor Commissioner to create the poster and make it available. The bill would define terms for those purposes, including, among others, a grocery store establishment, restaurant, or retail store establishment. +The bill would require the Labor Commissioner to enforce these requirements, including the investigation, mitigation, and relief of violations of these requirements. The bill would authorize the Labor Commissioner to impose specified administrative fines for violations and would authorize the commissioner, the Attorney General, an employee or person aggrieved by a violation of these provisions, or an entity a member of which is aggrieved by a violation of these provisions to recover specified civil penalties against an offender who violated these provisions on behalf of the aggrieved, as well as attorney’s fees, costs, and interest. +The bill would not apply to certain categories of employees who meet specified requirements. +Existing law regulates railroad employee hours, and sets forth various penalties for violation of those provisions. +This bill would make nonsubstantive changes to those provisions.","An act to +amend +add +Section +600 of +510.5 to +the Labor Code, relating to private employment." +246,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California is experiencing an extreme housing shortage with 2.2 million extremely low income and very low income renter households competing for only 664,000 affordable rental homes. This leaves more than 1.54 million of California’s lowest income households without access to affordable housing. +(b) While homelessness across the United States is in an overall decline, homelessness in California is rising. In 2015, California had 115,738 homeless people, which accounted for 21 percent of the nation’s homeless population. This is an increase of 1.6 percent from the prior year. California also had the highest rate of unsheltered people, at 64 percent or 73,699 people; the largest numbers of unaccompanied homeless children and youth, at 10,416 people or 28 percent of the national total; the largest number of veterans experiencing homelessness, at 11,311 or 24 percent of the national homeless veteran population; and the second largest number of people in families with chronic patterns of homelessness, at 22,582 or 11 percent of the state’s homeless family population. +(c) California is home to 21 of the 30 most expensive rental housing markets in the country, which has had a disproportionate impact on the middle class and the working poor. California requires the third highest wage in the country to afford housing, behind Hawaii and Washington, D.C. The fair market rent, which indicates the amount of money that a given property would require if it were open for leasing, for a two-bedroom apartment is $1,386. To afford this level of rent and utilities, without paying more than 30 percent of income on housing, a household must earn an hourly “housing wage” of $26.65 per hour. This means that a person earning minimum wage must work an average of three jobs to pay the rent for a two-bedroom unit. In some areas of the state, these numbers are even higher. +(d) Low-income families are forced to spend more and more of their income on rent, which leaves little else for other basic necessities. Many renters must postpone or forgo home ownership, live in more crowded housing, commute further to work, or, in some cases, choose to live and work elsewhere. +(e) California has seen a significant reduction of state funding in recent years. The funds from Proposition 46 of 2002 and Proposition 1C of 2006, totaling nearly $5 billion for a variety of affordable housing programs, have been expended. Combined with the loss of redevelopment funds, $1.5 billion of annual state investment dedicated to housing has been lost, leaving several critical housing programs unfunded. +(f) High housing costs and the shortage of housing stock in California directly affect the future health of California’s economy and, given the staggering numbers indicated above, bold action is necessary. Investment in existing and successful housing programs to expand the state’s housing stock should benefit California’s homeless and low-income earners, as well as some of the state’s most vulnerable populations, including foster and at-risk youth, persons with developmental and physical disabilities, farmworkers, the elderly, single parents with children, and survivors of domestic violence. Investments should also be made in housing for Medi-Cal recipients served through a county’s Section 1115 Waiver Whole Person Care Pilot program and family day care providers. +(g) Investment in housing creates jobs and provides local benefits. The estimated one-year impacts of building 100 rental apartments in a typical local area include $11.7 million in local income, $2.2 million in taxes and other revenue for local governments, and 161 local jobs or 1.62 jobs per apartment. The additional annually recurring impacts of building 100 rental apartments in a typical local area include $2.6 million in local income, $503,000 in taxes and other revenue for local governments, and 44 local jobs or .44 jobs per apartment. +SEC. 2. +Part 16 (commencing with Section 54000) is added to Division 31 of the Health and Safety Code, to read: +PART 16. Affordable Housing Bond Act of 2018 +CHAPTER 1. General Provisions +54000. +This part shall be known, and may be cited, as the Affordable Housing Bond Act of 2018. +54002. +As used in this part, the following terms have the following meanings: +(a) “Board” means the Department of Housing and Community Development for programs administered by the department, and the California Housing Finance Agency for programs administered by the agency. +(b) “Committee” means the Housing Finance Committee created pursuant to Section 53524 and continued in existence pursuant to Sections 53548 and 54014. +(c) “Fund” means the Affordable Housing Bond Act Trust Fund of 2018 created pursuant to Section 54006. +54004. +This part shall only become operative upon adoption by the voters at the November 6, 2018, statewide general election. +CHAPTER 2. Affordable Housing Bond Act Trust Fund of 2018 and Program +54006. +The Affordable Housing Bond Act Trust Fund of 2018 is hereby created within the State Treasury. It is the intent of the Legislature that the proceeds of bonds deposited in the fund shall be used to fund the housing-related programs described in this chapter. The proceeds of bonds issued and sold pursuant to this part for the purposes specified in this chapter shall be allocated in the following manner: +(a) One billion five hundred million dollars ($1,500,000,000) to be deposited in the Multifamily Housing Account, which is hereby created in the fund. Upon appropriation by the Legislature, the moneys in the account may be appropriated for the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2, to be expended to assist in the new construction, rehabilitation, and preservation of permanent and transitional rental housing for persons with incomes of up to 60 percent of the area median income (AMI). +(b) Six hundred million dollars ($600,000,000) to be deposited in the Transit-Oriented Development and Infill Infrastructure Account, which is hereby created within the fund. The moneys in the account shall be used for the following purposes: +(1) +Three +Two +hundred million dollars +($300,000,000) +($200,000,000) +to be deposited into the Transit-Oriented Development Implementation Fund, established pursuant to Section 53561, for expenditure, upon appropriation by the Legislature, pursuant to the Transit-Oriented Development Implementation Program authorized by Part 13 (commencing with Section 53560) to provide local assistance to cities, counties, cities and counties, transit agencies, and developers for the purpose of developing or facilitating the development of higher density uses within close proximity to transit stations that will increase public transit ridership. These funds may also be expended for any authorized purpose of this program. +(2) Three hundred million dollars ($300,000,000) to be deposited in the Infill Infrastructure Financing Account, which is hereby created within the fund. Moneys in the account shall be available, upon appropriation by the Legislature, for infill incentive grants to assist in the new construction and rehabilitation of infrastructure that supports high-density affordable and mixed-income housing in locations designated as infill, including, but not limited to, any of the following: +(A) Park creation, development, or rehabilitation to encourage infill development. +(B) Water, sewer, or other public infrastructure costs associated with infill development. +(C) Transportation improvements related to infill development projects. +(D) Traffic mitigation. +These funds may also be expended for any authorized purpose of this program. +(3) One hundred million dollars ($100,000,000) to be deposited into the Building Equity and Growth in Neighborhoods (BEGIN) Program Fund, established pursuant to Section 50860, for expenditure, upon appropriation by the Legislature, pursuant to the BEGIN Program authorized by Chapter 14.5 (commencing with Section 50860) of Part 2 to make grants to qualifying cities, counties, or cities and counties that shall be used for downpayment assistance to qualifying first-time home buyers or low- and moderate-income buyers purchasing newly constructed homes in a BEGIN project. These funds may also be expended for any authorized purpose of this program. +(c) Six hundred million dollars ($600,000,000) to be deposited in the Special Populations Housing Account, which is hereby created within the fund. The moneys in the account shall be used for the following purposes: +(1) Three hundred million dollars ($300,000,000) to be deposited in the Joe Serna, Jr. Farmworker Housing Grant Fund, established pursuant to Section 50517.5, for expenditure, upon appropriation by the Legislature, to fund grants or loans, or both, for local public entities, nonprofit corporations, limited liability companies, and limited partnerships, for the construction or rehabilitation of housing for agricultural employees and their families or for the acquisition of manufactured housing as part of a program to address and remedy the impacts of current and potential displacement of farmworker families from existing labor camps, mobilehome parks, or other housing. These funds may also be expended for any authorized purpose of this program. +(2) Three hundred million dollars ($300,000,000) to be deposited in the Local Housing Trust Matching Grant Program Account, which is hereby created within the fund. Moneys in the account shall be available, upon appropriation by the Legislature, to fund competitive grants or loans to local housing trust funds that develop, own, lend, or invest in affordable housing and used to create pilot programs to demonstrate innovative, cost-saving approaches to creating or preserving affordable housing. Local housing trust funds shall be derived on an ongoing basis from private contribution or governmental sources that are not otherwise restricted in use for housing programs. These funds may also be expended for any authorized purpose of this program. +(d) Three hundred million dollars ($300,000,000) to be deposited in the Home Ownership Development Account, which is hereby created within the fund. The moneys in the account shall be, upon appropriation by the Legislature, available for the CalHome Program authorized by Chapter 6 (commencing with Section 50650) of Part 2, to provide direct, forgivable loans to assist development projects involving multiple home ownership units, including single-family subdivisions, for self-help mortgage assistance programs, and for manufactured homes. These funds may also be expended for any authorized purpose of this program. +54008. +(a) The Legislature may, from time to time, amend any law related to programs to which funds are, or have been, allocated pursuant to this chapter for the purposes of improving the efficiency and effectiveness of those programs or to further the goals of those programs. +(b) The Legislature may amend this chapter to reallocate the proceeds of bonds issued and sold pursuant to this part among the programs to which funds are to be allocated pursuant to this chapter as necessary to effectively promote the development of affordable housing in this state. +CHAPTER 3. Fiscal Provisions +54010. +Bonds in the total amount of three billion dollars ($3,000,000,000), exclusive of refunding bonds issued pursuant to Section 54026, or so much thereof as is necessary as determined by the committee, are hereby authorized to be issued and sold for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. All bonds herein authorized which have been duly issued, sold, and delivered as provided herein shall constitute valid and binding general obligations of the state, and the full faith and credit of the state is hereby pledged for the punctual payment of both principal of and interest on those bonds when due. +54012. +The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), except subdivisions (a) and (b) of Section 16727 of the Government Code to the extent that those provisions are inconsistent with this part, and all of the provisions of that law as amended from time to time apply to the bonds and to this part, except as provided in Section 54028, and are hereby incorporated in this part as though set forth in full in this part. +54014. +(a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this part, the committee is continued in existence. For the purposes of this part, the Housing Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. +(b) The committee may adopt guidelines establishing requirements for administration of its financing programs to the extent necessary to protect the validity of, and tax exemption for, interest on the bonds. The guidelines shall not constitute rules, regulations, orders, or standards of general application and are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. +(c) For the purposes of the State General Obligation Bond Law, the Department of Housing and Community Development is designated the “board” for programs administered by the department, and the California Housing Finance Agency is the “board” for programs administered by the agency. +54016. +Upon request of the board stating that funds are needed for purposes of this part, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out the actions specified in Section 54006, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and are not required to be sold at any one time. Bonds may bear interest subject to federal income tax. +54018. +There shall be collected annually, in the same manner and at the same time as other state revenue is collected, a sum of money in addition to the ordinary revenues of the state, sufficient to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collections of state revenues to do or perform each and every act which is necessary to collect that additional sum. +54020. +Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this part, an amount that will equal the total of both of the following: +(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this part, as the principal and interest become due and payable. +(b) The sum which is necessary to carry out Section 54024, appropriated without regard to fiscal years. +54022. +The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for purposes of this part. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold, excluding any refunding bonds authorized pursuant to Section 54026, for purposes of this part, less any amount withdrawn pursuant to Section 54024. The board shall execute any documents as required by the Pooled Money Investment Board to obtain and repay the loan. Any amount loaned shall be deposited in the fund to be allocated in accordance with this part. +54024. +For purposes of carrying out this part, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of any amount or amounts not to exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold, excluding any refunding bonds authorized pursuant to Section 54026, for purposes of this part, less any amount withdrawn pursuant to Section 54022. Any amounts withdrawn shall be deposited in the fund to be allocated in accordance with this part. Any moneys made available under this section shall be returned to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from moneys received from the sale of bonds which would otherwise be deposited in that fund. +54026. +The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code. Approval by the electors of this act shall constitute approval of any refunding bonds issued to refund bonds issued pursuant to this part, including any prior issued refunding bonds. Any bond refunded with the proceeds of a refunding bond as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing that refunded bond. +54028. +Notwithstanding any provisions in the State General Obligation Bond Law, the maturity date of any bonds authorized by this part shall not be later than 35 years from the date of each such bond. The maturity of each series shall be calculated from the date of each series. +54030. +The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this part are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. +54032. +Notwithstanding any provision of the State General Obligation Bond Law with regard to the proceeds from the sale of bonds authorized by this part that are subject to investment under Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, the Treasurer may maintain a separate account for investment earnings, may order the payment of those earnings to comply with any rebate requirement applicable under federal law, and may otherwise direct the use and investment of those proceeds so as to maintain the tax-exempt status of tax-exempt bonds and to obtain any other advantage under federal law on behalf of the funds of this state. +54034. +All moneys derived from premiums and accrued interest on bonds sold pursuant to this part shall be transferred to the General Fund as a credit to expenditures for bond interest; provided, however, that amounts derived from premiums may be reserved and used to pay the costs of issuance of the related bonds prior to transfer to the General Fund. +SEC. 3. +Section 2 of this act shall become operative upon the adoption by the voters of the Affordable Housing Bond Act of 2018. +SEC. 4. +Section 2 of this act shall be submitted by the Secretary of State to the voters at the November 6, 2018, statewide general election. +SEC. 5. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to maximize the time available for the analysis and preparation of the bond act proposed by Section 2 of this act, it is necessary that this act take effect immediately.","Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, home ownership for very low and low-income households, and downpayment assistance for first-time home buyers. Existing law also authorizes the issuance of bonds in specified amounts pursuant to the State General Obligation Bond Law and requires that proceeds from the sale of these bonds be used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing-related parks. +This bill would enact the Affordable Housing Bond Act of 2018, which, if adopted, would authorize the issuance of bonds in the amount of $3,000,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance various existing housing programs, as well as infill infrastructure financing and affordable housing matching grant programs, as provided. +The bill would provide for submission of the bond act to the voters at the November 6, 2018, statewide general election in accordance with specified law. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Part 16 (commencing with Section 54000) to Division 31 of the Health and Safety Code, relating to housing, by providing the funds necessary therefor through an election for the issuance and sale of bonds of the State of California and for the handling and disposition of those funds, and declaring the urgency thereof, to take effect immediately." +247,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 30515 of the Penal Code is amended to read: +30515. +(a) Notwithstanding Section 30510, “assault weapon” also means any of the following: +(1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following: +(A) A pistol grip that protrudes conspicuously beneath the action of the weapon. +(B) A thumbhole stock. +(C) A folding or telescoping stock. +(D) A grenade launcher or flare launcher. +(E) A flash suppressor. +(F) A forward pistol grip. +(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. +(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. +(4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following: +(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. +(B) A second handgrip. +(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel. +(D) The capacity to accept a detachable magazine at some location outside of the pistol grip. +(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. +(6) A semiautomatic shotgun that has both of the following: +(A) A folding or telescoping stock. +(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip. +(7) A semiautomatic shotgun that has the ability to accept a detachable magazine. +(8) Any shotgun with a revolving cylinder. +(b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. +(c) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subdivision (d). +(d) “Assault weapon” does not include either of the following: +(1) Any antique firearm. +(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c): +MANUFACTURER +MODEL +CALIBER +BENELLI +MP90 +.22LR +BENELLI +MP90 +.32 S&W LONG +BENELLI +MP95 +.22LR +BENELLI +MP95 +.32 S&W LONG +HAMMERLI +280 +.22LR +HAMMERLI +280 +.32 S&W LONG +HAMMERLI +SP20 +.22LR +HAMMERLI +SP20 +.32 S&W LONG +PARDINI +GPO +.22 SHORT +PARDINI +GP-SCHUMANN +.22 SHORT +PARDINI +HP +.32 S&W LONG +PARDINI +MP +.32 S&W LONG +PARDINI +SP +.22LR +PARDINI +SPE +.22LR +WALTHER +GSP +.22LR +WALTHER +GSP +.32 S&W LONG +WALTHER +OSP +.22 SHORT +WALTHER +OSP-2000 +.22 SHORT +(3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (c) to exempt new models of competitive pistols that would otherwise fall within the definition of “assault weapon” pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant. +SEC. 2. +Section 30680 is added to the Penal Code, to read: +30680. +Section 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable: +(a) Prior to January 1, 2017, the person was eligible to register that assault weapon pursuant to subdivision (b) of Section 30900. +(b) The person lawfully possessed that assault weapon prior to January 1, 2017. +(c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900. +SEC. 3. +Section 30900 of the Penal Code is amended to read: +30900. +(a) (1) Any person who, prior to June 1, 1989, lawfully possessed an assault weapon, as defined in former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989, shall register the firearm by January 1, 1991, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended by Section 1 of Chapter 874 of the Statutes of 1990 or Section 3 of Chapter 954 of the Statutes of 1991, shall register the firearm within 90 days with the Department of Justice pursuant to those procedures that the department may establish. +(2) Except as provided in Section 30600, any person who lawfully possessed an assault weapon prior to the date it was defined as an assault weapon pursuant to former Section 12276.1, as it read in Section 7 of Chapter 129 of the Statutes of 1999, and which was not specified as an assault weapon under former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, or former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, shall register the firearm by January 1, 2001, with the department pursuant to those procedures that the department may establish. +(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate. +(4) The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the reasonable processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act but not to exceed the reasonable costs of the department. The fees shall be deposited into the Dealers’ Record of Sale Special Account. +(b) (1) Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before January 1, 2018, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5). +(2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department. +(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number. +(4) The department may charge a fee in an amount of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the department. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account to be used for purposes of this section. +(5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law enforcement officers. Under existing law, “assault weapon” means, among other things, a semiautomatic centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of specified attributes, including, for rifles, a thumbhole stock, and for pistols, a second handgrip. +This bill would revise this definition of “assault weapon” to mean a semiautomatic centerfire rifle, or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes. The bill would also define “fixed magazine” to mean an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. +By expanding the definition of an existing crime, the bill would impose a state-mandated local program. +(2) Existing law requires that any person who, within this state, possesses an assault weapon, except as otherwise provided, be punished as a felony or for a period not to exceed one year in a county jail. +This bill would exempt from punishment under that provision a person who possessed an assault weapon prior to January 1, 2017, if specified requirements are met. +(3) Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice. Existing law permits the Department of Justice to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act. Existing law requires those fees to be deposited into the Dealers’ Record of Sale Special Account. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies. +This bill would require that any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, and including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm with the Department of Justice before January 1, 2018, but not before the effective date of specified regulations. The bill would permit the department to increase the $20 registration fee as long as it does not exceed the reasonable processing costs of the department. The bill would also require registrations to be submitted electronically via the Internet utilizing a public-facing application made available by the department. The bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. The bill would permit the department to charge a fee of up to $15 per person for registration through the Internet, not to exceed the reasonable processing costs of the department to be paid and deposited, as specified, for purposes of the registration program. The bill would require the department to adopt regulations for the purpose of implementing those provisions and would exempt those regulations from the Administrative Procedure Act. The bill would also make technical and conforming changes. +(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 30515 and 30900 of, and to add Section 30680 to, the Penal Code, relating to firearms." +248,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 42008.8 of the Vehicle Code is amended to read: +42008.8. +(a) The Legislature finds and declares that a one-time infraction amnesty program would do all of the following: +(1) Provide relief to individuals who have found themselves in violation of a court-ordered obligation because they have unpaid traffic bail or fines. +(2) Provide relief to individuals who have found themselves in violation of a court-ordered obligation or who have had their driving privileges suspended pursuant to Section 13365. +(3) Provide increased revenue at a time when revenue is scarce by encouraging payment of old fines that have remained unpaid. +(4) Allow courts and counties to resolve older delinquent cases and focus limited resources on collections for more recent cases. +(b) A one-time amnesty program for unpaid fines and bail meeting the eligibility requirements set forth in subdivision (g) shall be established in each county. Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code. +(c) As used in this section, the term “fine” or “bail” refers to the total amounts due in connection with a specific violation, including, but not limited to, all of the following: +(1) Base fine or bail, as established by court order, by statute, or by the court’s bail schedule. +(2) Penalty assessments imposed pursuant to Section 1464 of the Penal Code, and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of, and paragraph (1) of subdivision (c) of Section 76000.10 of, the Government Code, and Section 42006 of this code. +(3) State surcharges imposed pursuant to Section 1465.7 of the Penal Code. +(4) Court operations assessments imposed pursuant to Section 1465.8 of the Penal Code. +(5) Criminal conviction assessments pursuant to Section 70373 of the Government Code. +(d) Notwithstanding subdivision (c), any civil assessment imposed pursuant to Section 1214.1 of the Penal Code shall not be collected, nor shall the payment of that assessment be a requirement of participation in the amnesty program. +(e) Concurrent with the amnesty program established pursuant to subdivision (b), between October 1, 2015, to March 31, 2017, inclusive, the following shall apply: +(1) The court shall, within 90 days, issue and file the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any participant of the one-time amnesty program established pursuant to subdivision (b) demonstrating that the participant has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege of that participant was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). For applications submitted prior to January 1, 2017, that remain outstanding as of that date, the court shall issue and file the certificate no later than March 31, 2017. For applications submitted on or before March 31, 2017, all terms and procedures related to the participant’s payment plans shall remain in effect after March 31, 2017. +(2) The court shall, within 90 days, issue and file with the department the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any person in good standing in a comprehensive collection program pursuant to subdivision (c) of Section 1463.007 of the Penal Code demonstrating that the person has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). For applications submitted prior to January 1, 2017, that remain outstanding as of that date, the court shall issue and file the certificate no later than March 31, 2017. For applications submitted on or before March 31, 2017, all terms and procedures related to the participant’s payment plans shall remain in effect after March 31, 2017. +(3) Any person who is eligible for a driver’s license pursuant to Section 12801, 12801.5, or 12801.9 shall be eligible for the amnesty program established pursuant to subdivision (b) for any specific violation described in subdivision (g). The department shall issue a driver’s license to any person who is eligible pursuant to Section 12801, 12801.5, or 12801.9 if the person is participating in the amnesty program and is otherwise eligible for the driver’s license but for the fines or bail to be collected through the program. +(4) The Department of Motor Vehicles shall not deny reinstating the driving privilege of any person who participates in the amnesty program established pursuant to subdivision (b) for any fines or bail in connection with the specific violation that is the basis for participation in the amnesty program. +(f) In addition to, and at the same time as, the mandatory one-time amnesty program is established pursuant to subdivision (b), the court and the county may jointly agree to extend that amnesty program to fines and bail imposed for a misdemeanor violation of this code and a violation of Section 853.7 of the Penal Code that was added to the misdemeanor case otherwise subject to the amnesty. The amnesty program authorized pursuant to this subdivision shall not apply to parking violations and violations of Sections 23103, 23104, 23105, 23152, and 23153. +(g) A violation is only eligible for amnesty if paragraph (1), (2), or (3) applies, and the requirements of paragraphs (4) to (8), inclusive, are met: +(1) The violation is an infraction violation filed with the court. +(2) It is a violation of subdivision (a) or (b) of Section 40508, or a violation of Section 853.7 of the Penal Code that was added to the case subject to paragraph (1). +(3) The violation is a misdemeanor violation filed with the court to which subdivision (f) applies. +(4) The initial due date for payment of the fine or bail was on or before January 1, 2013. +(5) There are no outstanding misdemeanor or felony warrants for the defendant within the county, except for misdemeanor warrants for misdemeanor violations subject to this section. +(6) The person does not owe victim restitution on any case within the county. +(7) The person has not made any payments for the violation after September 30, 2015, to a comprehensive collection program in the county pursuant to subdivision (c) of Section 1463.007 of the Penal Code. +(8) The person filed a request with the court on or before March 31, 2017. +(h) (1) Except as provided in paragraph (2), each amnesty program shall accept, in full satisfaction of any eligible fine or bail, 50 percent of the fine or bail amount, as defined in subdivision (c). +(2) If the participant certifies under penalty of perjury that he or she receives any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code or is within the conditions described in subdivision (b) of Section 68632 of the Government Code, the amnesty program shall accept, in full satisfaction of any eligible fine or bail, 20 percent of the fine or bail amount, as defined in subdivision (c). +(i) The Judicial Council, in consultation with the California State Association of Counties, shall adopt guidelines for the amnesty program no later than October 1, 2015, and each program shall be conducted in accordance with the Judicial Council’s guidelines. As part of its guidelines, the Judicial Council shall include all of the following: +(1) Each court or county responsible for implementation of the amnesty program pursuant to subdivision (b) shall recover costs pursuant to subdivision (a) of Section 1463.007 of the Penal Code and may charge an amnesty program fee of fifty dollars ($50) that may be collected with the receipt of the first payment of a participant. +(2) A payment plan option created pursuant to Judicial Council guidelines in which a monthly payment is equal to the amount that an eligible participant can afford to pay per month consistent with Sections 68633 and 68634 of the Government Code. If a participant chooses the payment plan option, the county or court shall collect all relevant information to allow for collection by the Franchise Tax Board pursuant to existing protocols prescribed by the Franchise Tax Board to collect delinquent debts of any amount in which a participant is delinquent or otherwise in default under his or her amnesty payment plan. +(3) If a participant does not comply with the terms of his or her payment plan under the amnesty program, including failing to make one or more payments, the appropriate agency shall send a notice to the participant that he or she has failed to make one or more payments and that the participant has 30 days to either resume making payments or to request that the agency change the payment amount. If the participant fails to respond to the notice within 30 days, the appropriate agency may refer the participant to the Franchise Tax Board for collection of any remaining balance owed, including an amount equal to the reasonable administrative costs incurred by the Franchise Tax Board to collect the delinquent amount owed. The Franchise Tax Board shall collect any delinquent amounts owed pursuant to existing protocols prescribed by the Franchise Tax Board. The comprehensive collection program may also utilize additional collection efforts pursuant to Section 1463.007 of the Penal Code, except for subparagraph (C) of paragraph (4) of subdivision (c) of that section. +(4) A plan for outreach that will, at a minimum, make available via an Internet Web site relevant information regarding the amnesty program, including how an individual may participate in the amnesty program. +(5) The Judicial Council shall reimburse costs incurred by the Department of Motor Vehicles up to an amount not to exceed two hundred fifty thousand dollars ($250,000), including all of the following: +(A) Providing on a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program established pursuant to this section that is compliant with Section 7292 of the Government Code. +(B) Posting on the department’s Internet Web site information regarding the amnesty program. +(C) Personnel costs associated with the amnesty program. +(j) The Judicial Council, in consultation with the department, may, within its existing resources, consider, adopt, or develop recommendations for an appropriate mechanism or mechanisms to allow reinstatement of the driving privilege of any person who otherwise meets the criteria for amnesty but who has violations in more than one county. +(k) A criminal action shall not be brought against a person for a delinquent fine or bail paid under the amnesty program. +(l) (1) The total amount of funds collected under the amnesty program shall, as soon as practical after receipt thereof, be deposited in the county treasury or the account established under Section 77009 of the Government Code. After acceptance of the amount specified in subdivision (h), notwithstanding Section 1203.1d of the Penal Code, the remaining revenues collected under the amnesty program shall be distributed on a pro rata basis in the same manner as a partial payment distributed pursuant to Section 1462.5 of the Penal Code. +(2) Notwithstanding Section 1464 of the Penal Code, the amount of funds collected pursuant to this section that would be available for distribution pursuant to subdivision (f) of Section 1464 of the Penal Code shall instead be distributed as follows: +(A) The first two hundred fifty thousand dollars ($250,000) received shall be transferred to the Judicial Council. +(B) Following the transfer of the funds described in subparagraph (A), once a month, both of the following transfers shall occur: +(i) An amount equal to 82.20 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Peace Officers’ Training Fund. +(ii) An amount equal to 17.80 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Corrections Training Fund. +(m) Each court or county implementing an amnesty program shall file, not later than May 31, 2017, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. Notwithstanding Section 10231.5 of the Government Code, on or before August 31, 2017, the Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county.","Existing law requires a county to establish an amnesty program for unpaid fines and bail initially due on or before January 1, 2013, for Vehicle Code infractions to be conducted in accordance with guidelines adopted by the Judicial Council. Existing law requires the program to accept payments from October 1, 2015, to March 31, 2017, inclusive. Existing law requires the program to accept a reduced payment in full satisfaction of the fine or bail if the program participant certifies under penalty of perjury that he or she receives specified public benefits or his or her income is 125% or less of the current poverty guidelines. If the driving privilege of an amnesty program participant or a person who is in good standing in a comprehensive collection program has been suspended due to a Vehicle Code violation that is subject to the amnesty program, existing law requires the court to issue and file a certificate with the Department of Motor Vehicles demonstrating that the participant has appeared in court, paid the fine, or has otherwise satisfied the court. +This bill would require the court to issue and file the certificate with the department within 90 days. For applications submitted prior to January 1, 2017, the bill would require the court to issue and file the certificate no later than March 31, 2017. The bill would require, for applications submitted on or before March 31, 2017, that all terms and procedures related to a participant’s payment plans remain in effect after that date.","An act to amend Section 42008.8 of the Vehicle Code, relating to vehicles." +249,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 640 of the Penal Code is amended to read: +640. +(a) (1) Any of the acts described in paragraphs (1) to (6), inclusive, of subdivision (b) is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator’s hours of school attendance or employment. Except as provided in subdivision (g), any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or second violation, is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator’s hours of school attendance or employment. Except as provided in subdivision (g), a third or subsequent violation of any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c) is a misdemeanor punishable by a fine of not more than four hundred dollars ($400) or by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. Any of the acts described in subdivision (d) shall be punishable by a fine of not more than four hundred dollars ($400), by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. +(2) This section shall apply only to acts committed on or in a facility or vehicle of a public transportation system. +(b) (1) Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system. +(2) Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise. +(3) Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system. +(4) Expectorating upon a system facility or vehicle. +(5) Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as defined in Section 407.5 of the Vehicle Code, in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility. +(6) Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts. +(c) (1) Evasion of the payment of a fare of the system. For purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare. +(2) Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare. +(3) (A) Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155 of the Public Utilities Code and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting. +(B) If an eligible discount ticket user is not in possession of acceptable proof at the time of request, a citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed. +(d) (1) Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior. +(2) Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle. +(3) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition. +(4) Willfully blocking the free movement of another person in a system facility or vehicle. This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes. +(5) Willfully tampering with, removing, displacing, injuring, or destroying any part of a facility or vehicle of a public transportation system. +(e) Notwithstanding subdivision (a) or (g), a public transportation agency, as defined in paragraph (4) of subdivision (c) of Section 99580 of the Public Utilities Code, may do either of the following: +(1) Enact and enforce an ordinance providing that a person who is the subject of a citation for any of the acts described in subdivision (b) of Section 99580 of the Public Utilities Code on or in a facility or vehicle described in subdivision (a) for which the public transportation agency has jurisdiction shall, under the circumstances set forth by the ordinance, be afforded an opportunity to complete an administrative process that imposes only an administrative penalty enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code. +(2) Enforce as an infraction pursuant to subdivision (b) the act of failing to yield seating reserved for an elderly or disabled person in a facility or vehicle for which the public transportation agency has jurisdiction, provided that the governing board of the public transportation agency enacts an ordinance to that effect after a public hearing on the issue. +(f) For purposes of this section, “facility or vehicle of a public transportation system” means any of the following: +(1) A facility or vehicle of a public transportation system as defined by Section 99211 of the Public Utilities Code. +(2) A facility of, or vehicle operated by, an entity subsidized by, the Department of Transportation. +(3) A facility or vehicle of a rail authority, whether owned or leased, including, but not limited to, any part of a railroad, or track of a railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached or connected to a railroad. +(4) A leased or rented facility or vehicle for which any of the entities described in paragraph (1), (2), or (3) incurs costs of cleanup, repair, or replacement as a result of any of those acts. +(g) A minor shall not be charged with an infraction or a misdemeanor for violation of paragraphs (1) to (3), inclusive, of subdivision (c). Nothing in this subdivision shall limit the ability of a public transportation agency to assess an administrative penalty as established in paragraph (1) of subdivision (e) and in Section 99580 of the Public Utilities Code, not to exceed two hundred fifty dollars ($250) upon a first or second violation and not to exceed four hundred dollars ($400) upon a third or subsequent violation.","Existing law makes it an infraction or a misdemeanor to evade the payment of a fare on a public transit system, to misuse a transfer, pass, ticket, or token with the intent to evade the payment of a fare, or to use a discount ticket without authorization or fail to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket. +This bill would prohibit a minor from being charged with an infraction or a misdemeanor for those acts.","An act to amend Section 640 of the Penal Code, relating to crimes." +250,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 166 of the Penal Code is amended to read: +166. +(a) Except as provided in subdivisions (b), (c), and (d), a person guilty of any of the following contempts of court is guilty of a misdemeanor: +(1) Disorderly, contemptuous, or insolent behavior committed during the sitting of a court of justice, in the immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority. +(2) Behavior specified in paragraph (1) that is committed in the presence of a referee, while actually engaged in a trial or hearing, pursuant to the order of a court, or in the presence of any jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law. +(3) A breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court. +(4) Willful disobedience of the terms as written of any process or court order or out-of-state court order, lawfully issued by a court, including orders pending trial. +(5) Resistance willfully offered by any person to the lawful order or process of a court. +(6) The contumacious and unlawful refusal of a person to be sworn as a witness or, when so sworn, the like refusal to answer a material question. +(7) The publication of a false or grossly inaccurate report of the proceedings of a court. +(8) Presenting to a court having power to pass sentence upon a prisoner under conviction, or to a member of the court, an affidavit, testimony, or representation of any kind, verbal or written, in aggravation or mitigation of the punishment to be imposed upon the prisoner, except as provided in this code. +(9) Willful disobedience of the terms of an injunction that restrains the activities of a criminal street gang or any of its members, lawfully issued by a court, including an order pending trial. +(b) (1) A person who is guilty of contempt of court under paragraph (4) of subdivision (a) by willfully contacting a victim by telephone or mail, or directly, and who has been previously convicted of a violation of Section 646.9 shall be punished by imprisonment in a county jail for not more than one year, by a fine of five thousand dollars ($5,000), or by both that fine and imprisonment. +(2) For the purposes of sentencing under this subdivision, each contact shall constitute a separate violation of this subdivision. +(3) The present incarceration of a person who makes contact with a victim in violation of paragraph (1) is not a defense to a violation of this subdivision. +(c) (1) Notwithstanding paragraph (4) of subdivision (a), a willful and knowing violation of a protective order or stay-away court order described as follows shall constitute contempt of court, a misdemeanor, punishable by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine: +(A) An order issued pursuant to Section 136.2. +(B) An order issued pursuant to paragraph (2) of subdivision (a) of Section 1203.097. +(C) An order issued after a conviction in a criminal proceeding involving elder or dependent adult abuse, as defined in Section 368. +(D) An order issued pursuant to Section 1201.3. +(E) An order described in paragraph (3). +(F) An order issued pursuant to subdivision (j) of Section 273.5. +(2) If a violation of paragraph (1) results in a physical injury, the person shall be imprisoned in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence is suspended. +(3) Paragraphs (1) and (2) apply to the following court orders: +(A) An order issued pursuant to Section 6320 or 6389 of the Family Code. +(B) An order excluding one party from the family dwelling or from the dwelling of the other. +(C) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the orders described in paragraph (1). +(4) A second or subsequent conviction for a violation of an order described in paragraph (1) occurring within seven years of a prior conviction for a violation of any of those orders and involving an act of violence or “a credible threat” of violence, as provided in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or in the state prison for 16 months or two or three years. +(5) The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1). +(d) (1) A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure, shall be punished under Section 29825. +(2) A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (h) of Section 6389 of the Family Code. +(e) (1) If probation is granted upon conviction of a violation of subdivision (c), the court shall impose probation consistent with Section 1203.097. +(2) If probation is granted upon conviction of a violation of subdivision (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements: +(A) That the defendant make payments to a battered women’s shelter, up to a maximum of one thousand dollars ($1,000). +(B) That the defendant provide restitution to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. +(3) For an order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision or subdivision (c), the court shall make a determination of the defendant’s ability to pay. In no event shall an order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. +(4) If the injury to a married person is caused in whole, or in part, by the criminal acts of his or her spouse in violation of subdivision (c), the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents required by this subdivision, until all separate property of the offending spouse is exhausted. +(5) A person violating an order described in subdivision (c) may be punished for any substantive offenses described under Section 136.1 or 646.9. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1 or 646.9. However, a person held in contempt for a violation of subdivision (c) shall be entitled to credit for any punishment imposed as a result of that violation against any sentence imposed upon conviction of an offense described in Section 136.1 or 646.9. A conviction or acquittal for a substantive offense under Section 136.1 or 646.9 shall be a bar to a subsequent punishment for contempt arising out of the same act. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally punishes the willful disobedience of a court order as contempt of court by imprisonment in a county jail for a term not exceeding 6 months, a fine not exceeding $1,000, or both that imprisonment and fine. Existing law makes the willful and knowing violation of specified protective orders or stay-away court orders punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than $1,000, or by both that imprisonment and fine for a first offense, and makes a 2nd or subsequent conviction for a violation of these specified protective orders or stay-away court orders occurring within 7 years of a prior conviction and involving an act of violence or credible threat of violence punishable as either a misdemeanor or a felony. If probation is granted upon conviction of a willful and knowing violation of these specified protective orders or stay-away court orders, existing law requires the court to impose a minimum period of probation of 36 months, a criminal protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, a minimum fine of $500, successful completion of a batterer’s program, and a specified amount of appropriate community service, among other requirements. +Under existing law, any person who willfully inflicts corporal injury resulting in a traumatic condition upon a spouse or former spouse, cohabitant or former cohabitant, fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, or the mother or father of the offender’s child, is guilty of a felony or a misdemeanor. Upon a conviction under that provision, existing law authorizes the sentencing court to issue an order restraining the defendant from any contact with the victim for up to 10 years. +This bill would make a willful and knowing violation of the above protective order issued for the conviction of inflicting a corporal injury resulting in a traumatic condition punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $1,000, or by both that imprisonment and fine. The bill would make a 2nd or subsequent violation occurring within 7 years involving an act of violence or a credible threat of violence punishable as a felony or a misdemeanor. If probation is granted for a violation of this protective order, the bill would require the court to impose a minimum period of probation of 36 months, a criminal protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, a minimum fine of $500, successful completion of a batterer’s program, and a specified amount of appropriate community service, among other requirements. By increasing the punishment for a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 166 of the Penal Code, relating to domestic violence." +251,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6356.11 is added to the Revenue and Taxation Code, to read: +6356.11. +(a) There are exempted from the taxes imposed by this part the gross receipts from the sale of, and the storage and use of, or other consumption in this state of, firearms, ammunition, and hunting supplies purchased by an individual in the two-day period beginning at 12:01 a.m. on the first Saturday in September and ending at midnight the next day and the two-day period beginning at 12:01 a.m. on the first Saturday in October and ending at midnight the next day who, at the time of the purchase, provides the retailer with a copy of his or her valid annual hunting license or lifetime license issued pursuant to Article 2 (commencing with Section 3031) of Chapter 1 of Part 1 of Division 4, or a lifetime sportman’s license issued pursuant to Section 714 of, the Fish and Game Code. +(b) For the purposes of this section, the following shall apply: +(1) “Firearms” mean shotguns, rifles, pistols, revolvers, or other handguns that may be legally sold or purchased in California. +(2) “Ammunition” means that ammunition designed and intended to be fired from a firearm. +(3) “Hunting supplies” means only those supplies used for and designed and intended for hunting, which include all of the following: +(A) Archery items such as bows, crossbows, arrows, quivers, and shafts. +(B) Off-road vehicles including all-terrain vehicles designed and intended primarily for hunting. Off-road vehicles do not include golf carts, go-carts, dirt bikes, mini-bikes, motorcycles, tractors, or motor vehicles that may be legally driven on the streets and highways of California, or heavy equipment such as cranes, forklifts, backhoes, and bulldozers. +(C) Vessels designed and intended for hunting such as airboats and pirogues. +(D) Accessories designed and intended for hunting. +(E) Animal feed manufactured and marketed for consumption primarily by game that can be legally hunted. Animal feed does not include food for animals that are pets. +(F) Apparel including safety gear, camouflage clothing, jackets, hats, gloves, mittens, face masks, and thermal underwear manufactured and marketed as being primarily for wear or use while hunting. +(G) Hunting shoes or boots designed and intended for hunting. +(H) Bags designed and intended to carry game or hunting gear. +(I) Float tubes if purchased to be used for hunting. +(J) Binoculars if purchased to be used for hunting. +(K) Tools manufactured and marketed as primarily for use in hunting. +(L) Firearm and archery cases. +(M) Firearm and archery accessories. +(N) Range finders. +(O) Knives manufactured and marketed as primarily for use in hunting, which does not include knives purchased for household, business, or other recreational uses. +(P) Decoys. +(Q) Tree stands. +(R) Blinds. +(S) Chairs to be used for hunting, which does not include chairs or other furniture purchased for household, business, or other recreational uses. +(T) Optics such as rifle scopes and impact resistant glasses for shooting. +(U) Hearing protection gear and enhancements. +(V) Holsters. +(W) Belts that are manufactured and marketed as primarily for use in hunting. +(X) Slings. +(Y) Other miscellaneous gear manufactured and marketed as primarily for use in hunting, which does not include toy guns and vessels and off-road vehicles utilized as children’s toys. +(c) (1) Notwithstanding any provision of the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) or the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section does not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws. +(2) Notwithstanding subdivision (a), the exemption established by this section shall not apply with respect to any tax levied pursuant to Section 6051.2 or 6201.2, Section 35 and subdivision (f) of Section 36 of Article XIII of the California Constitution, or any tax levied pursuant to Section 6051 or 6201 that is deposited in the State Treasury to the credit of the Local Revenue Fund 2011 pursuant to Section 6051.15 or 6201.15. +SEC. 2. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect. +SECTION 1. +Section 2070 of the +Insurance Code +is amended to read: +2070. +(a)All fire policies on subject matter in California shall be on the standard form and, except as provided by this article, shall not contain additions to the form. +(b)No part of the standard form shall be omitted from the policy. However, a policy providing coverage against the peril of fire only, or in combination with coverage against other perils, need not comply with the provisions of the standard form of fire insurance policy or Section 2080, if the coverage with respect to the peril of fire, when viewed in its entirety, is substantially equivalent to, or more favorable to the insured than, that contained in the standard form fire insurance policy.","Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provides various exemptions from the taxes imposed by those laws. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes cities and counties to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms generally to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws. +This bill would exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption in this state of, firearms, ammunition, and hunting supplies purchased by an individual in the 2-day period beginning at 12:01 a.m. on the first Saturday in September and ending at midnight the next day and the 2-day period beginning at 12:01 a.m. on the first Saturday in October and ending at midnight the next day, as provided. The bill would specify that this exemption does not apply to local sales and use taxes and transactions and use taxes, and specified state sales and use taxes the proceeds of which are deposited into the Local Revenue Fund, the Local Revenue Fund 2011, the Local Public Safety Fund, and the Education Protection Account. +This bill would take effect immediately as a tax levy. +Existing law establishes a standard form for fire insurance policies in this state. Existing law requires that all fire insurance policies in California be on the standard form, with no additions to that form, except as provided. Existing law prohibits any part of the standard form from being omitted from the policy, except as specified. +This bill would make technical, nonsubstantive changes to that provision.","An act to amend Section 2070 of the Insurance Code, relating to insurance. +An act to add Section 6356.11 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +252,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Scattered along the California coastline are the remnants of many old, human-made structures including abandoned oil and gas wells, groins, jetties, piers, pilings, and seawalls. +(b) These remnants, often covered and uncovered by tides, are the legacy of the rapid commercial development along the coastline that began just before the turn of the 20th century. +(c) Most legacy oil and gas wells were abandoned in the early 1900s when there was little or no oversight of the abandonment and removal, if any, varied from well to well. Some legacy oil and gas wells, therefore, may seep oil into the surf zone impacting swimmers, surfers, and other recreational users, and causing environmental degradation. +(d) The State Lands Commission has primary jurisdiction over sovereign lands along the California coastline that are held in trust for statewide public purposes, including, commerce, navigation, fishing, recreation, and open space and habitat preservation. +(e) The State Lands Commission has long recognized the serious and perennial health concerns and safety hazards that coastal hazards and legacy oil and gas wells pose. +(f) There is a critical need for adequate funding to inventory coastal hazards, including legacy oil and gas wells and related infrastructure, along the California coastline in order to begin determining how to remove coastal hazards and to identify and remediate leaking legacy oil and gas wells. +(g) With adequate funding, the State Lands Commission can inventory coastal hazards, legacy oil and gas wells and other oil and gas related hazards along the California coastline, including determining GPS locations, assessing entitlement requirements, preparing preliminary engineering requirements and removal cost estimates for each hazard, and removing and remediating hazards that are a significant risk to public health and safety and the environment. Adequate funding will also enable the State Lands Commission to survey and monitor oil seepage in state waters under its jurisdiction and on tidelands, and to request studies to determine oil seepage locations, rates, environmental impacts, and mitigation measures. +SEC. 2. +Section 6212 is added to the Public Resources Code, to read: +6212. +(a) Upon appropriation of moneys by the Legislature for the purposes of this section, the commission shall, within two years, administer a coastal hazard removal and remediation program to do all of the following: +(1) Complete an in-depth inventory of legacy oil and gas wells and other coastal hazards along the California coastline, including conducting field surveys and determining high-priority hazards and legacy oil and gas wells to remediate. +(2) Survey, study, and monitor oil seepage in state waters and tidelands under its jurisdiction to determine oil seepage locations, rates, and environmental impacts. The study information can facilitate possible mitigation measures. +(3) Begin the process of remediating improperly abandoned legacy oil and gas wells that have a high risk of leaking oil and, with any remaining funds, remove other identified coastal hazards. +(b) Notwithstanding Section 11005 of the Government Code and any other law requiring approval by a state officer of gifts, bequests, devises, or donations, the commission may seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in actions undertaken pursuant to subdivision (a). +(c) In cooperation with the Division of Oil, Gas, and Geothermal Resources, the commission may seek to abandon legacy oil and gas wells that present a hazard to the public health and safety and the environment. +(d) The commission shall annually report to the Legislature the activities and accomplishments of the program. The commission may include this information in the annual report it submits pursuant to Section 8618. +(e) The commission shall prioritize its activities under this section based on available resources. +(f) For purposes of this section the following definitions apply: +(1) “Coastal hazards” are legacy oil and gas wells and human-made structures that have been orphaned, including piers, jetties, groins, seawalls, and facilities associated with past oil extraction and other operations, that pose a hazard to the public health and safety. Coastal hazards may include, but are not limited to, wood or steel piles or piling, sheet metal pilings, H piles and H beams, well casings, well caissons, railroad irons, cables, angle bars, pipes, pipelines, rip rap, and wood beams and structures. +(2) “Legacy oil and gas wells” are wells drilled near shore, before current abandonment standards, where there is little or no information on the well’s abandonment procedure and there is no viable company with the responsibility to reabandon the well should it start leaking or pose a threat to the environment or the public health and safety. +SEC. 3. +Section 6217 of the Public Resources Code is amended to read: +6217. +With the exception of revenue derived from state school lands and from sources described in Sections 6217.6, 6301.5, 6301.6, 6855, and Sections 8551 to 8558, inclusive, and Section 6404 (insofar as the proceeds are from property that has been distributed or escheated to the state in connection with unclaimed estates of deceased persons), the commission shall deposit all revenue, money, and remittances received by the commission under this division, and under Chapter 138 of the Statutes of 1964, First Extraordinary Session, in the General Fund. Out of those funds deposited in the General Fund, sufficient moneys shall be made available each fiscal year for the following purposes: +(a) Payment of refunds, authorized by the commission, out of appropriations made for that purpose. +(b) Payment of expenditures of the commission as provided in the annual Budget Act. +(c) Payments to cities and counties of the amounts specified in Section 6817 for the purposes specified in that section, out of appropriations made for that purpose. +(d) Payments to cities and counties of the amounts agreed to pursuant to Section 6875, out of appropriations made for that purpose. +(e) (1) For the 2017–18 fiscal year, the sum of five hundred thousand dollars ($500,000) shall be transferred to the Land Bank Fund and, notwithstanding Section 8610, shall be available, upon appropriation in the annual Budget Act, for the purpose of implementing the commission’s coastal hazard removal and remediation program provided in Section 6212. +(2) Commencing with the 2018–19 fiscal year, and each fiscal year thereafter, an amount sufficient to bring the unencumbered balance of the Land Bank Fund available for the purpose of implementing the commission’s coastal hazard removal and remediation program provided in Section 6212 to five hundred thousand dollars ($500,000) shall be transferred to the Land Bank Fund and, notwithstanding Section 8610, shall be available, upon appropriation in the annual Budget Act, for the purpose of implementing the commission’s coastal hazard removal and remediation program provided in Section 6212.","(1) Existing law establishes the State Lands Commission in the Natural Resources Agency and prescribes the functions and duties of the commission. Under existing law, the commission has jurisdiction over various state lands, including coastal lands. +This bill would, upon appropriation of moneys by the Legislature, require the commission to, within 2 years, administer a coastal hazard removal and remediation program, as specified. The bill would authorize the commission to seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in actions undertaken to administer that program. The bill would authorize the commission to seek to abandon, in cooperation with the Division of Oil, Gas, and Geothermal Resources, legacy oil and gas wells, as defined, that present a hazard to the public health and safety and the environment. The bill would require the commission to annually report to the Legislature the activities and accomplishments of the program. +(2) Existing law, with specified exceptions, generally requires the State Lands Commission, on and after July 1, 2006, to deposit all revenue, money, and remittances, derived from mineral extraction leases on state tide and submerged lands, including tideland oil revenue, into the General Fund, to be available upon appropriation by the Legislature for specified purposes. Existing law establishes the Land Bank Fund, a continuously appropriated fund, from which the commission may expend moneys for management and improvement of real property held by the commission, as trustee, to provide open space, habitat for plants and animals, and public access. +This bill would require that, for the 2017–18 fiscal year, out of those funds deposited into the General Fund by the commission, the sum of $500,000 be transferred to the Land Bank Fund and be available, upon appropriation in the annual Budget Act, for the purpose of implementing the coastal hazard removal and remediation program. The bill would require that, commencing with the 2018–19 fiscal year and each fiscal year thereafter, an amount sufficient to bring the unencumbered balance of the Land Bank Fund available for the purpose of implementing the program to $500,000 be transferred to that fund and be available, upon an appropriation in the annual Budget Act, for the purpose of implementing the program.","An act to amend Section 6217 of, and to add Section 6212 to, the Public Resources Code, relating to state lands." +253,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17144.5 of the Revenue and Taxation Code is amended to read: +17144.5. +(a) Section 108(a)(1)(E) of the Internal Revenue Code, is modified to provide that the amount excluded from gross income shall not exceed $500,000 ($250,000 in the case of a married individual filing a separate return). +(b) Section 108(h)(2) of the Internal Revenue Code, relating to qualified principal residence indebtedness, is modified by substituting the phrase “(within the meaning of section 163(h)(3)(B), applied by substituting ‘$800,000 ($400,000’ for ‘$1,000,000 ($500,000’ in clause (ii) thereof)” for the phrase “(within the meaning of section 163(h)(3)(B), applied by substituting ‘$2,000,000 ($1,000,000’ for ‘$1,000,000 ($500,000’ in clause (ii) thereof)” contained therein. +(c) This section shall apply to discharges of indebtedness occurring on or after January 1, 2007, and, notwithstanding any other law to the contrary, no penalties or interest shall be due with respect to the discharge of qualified principal residence indebtedness during the 2007, 2009, or 2013 taxable year regardless of whether or not the taxpayer reports the discharge on his or her return for the 2007, 2009, or 2013 taxable year. +(d) (1) The amendments made by Section 102 of the federal Tax Increase Prevention Act of 2014 (Public Law 113-295) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, shall apply. +(2) The changes made to this section by the act adding this paragraph shall apply to discharges of indebtedness that occur on or after January 1, 2014, and before January 1, 2015, and, notwithstanding any other law, no penalties or interest shall be due with respect to the discharge of qualified principal residence indebtedness during the 2014 taxable year, regardless of whether the taxpayer reports the discharge on his or her income tax return for the 2014 taxable year. +(e) (1) The amendments made by Section 151 of the federal Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, shall apply. +(2) Notwithstanding any other law, no penalties or interest shall be due with respect to the discharge of qualified principal residence indebtedness during the 2015 taxable year, regardless of whether the taxpayer reports the discharge on his or her income tax return for the 2015 taxable year. +SEC. 2. +(a) The amendments made by this act that conform to the amendments made by Section 102 of the federal Tax Increase Prevention Act of 2014 (Public Law 113-295) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, apply to qualified principal residence indebtedness that is discharged on and after January 1, 2014, and before January 1, 2015. +(b) The Legislature finds and declares that the amendments made by this act and the retroactive application contained in the preceding sentence are necessary for the public purpose of conforming state law to the amendments to the Internal Revenue Code as made by the federal Tax Increase Prevention Act of 2014 (Public Law 113-295), thereby preventing undue hardship to taxpayers whose qualified principal residence indebtedness was discharged on and after January 1, 2014, and before January 1, 2015, and do not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution. +SEC. 3. +(a) The amendments made by this act that conform to the amendments made by Section 151 of the federal Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, apply to qualified principal residence indebtedness that is discharged on and after January 1, 2015, and before January 1, 2017, except for any discharge of qualified principal residence indebtedness that is subject to an arrangement that is entered into and evidenced in writing before January 1, 2017, in which case the amendments made by this act that conform to the amendments made by Section 151 of the Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113) apply to qualified principal residence indebtedness that is discharged after January 1, 2017. +(b) The Legislature finds and declares that the amendments made by this act and the retroactive application contained in the preceding sentence regarding debt discharged before January 1, 2016, are necessary for the public purpose of conforming state law to the amendments to the Internal Revenue Code as made by the federal Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113), thereby preventing undue hardship to taxpayers whose qualified principal residence indebtedness was discharged on and after January 1, 2015, and before January 1, 2016, and do not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to provide tax relief to distressed homeowners at the earliest possible time, it is necessary that this act take effect immediately.","The Personal Income Tax Law provides for modified conformity to specified provisions of federal income tax law relating to the exclusion of the discharge of qualified principal residence indebtedness, as defined, from an individual’s income if that debt is discharged after January 1, 2007, and before January 1, 2014, as provided. The federal Tax Increase Prevention Act of 2014 extended the operation of those provisions to debt that is discharged before January 1, 2015. The federal Protecting Americans from Tax Hikes Act of 2015 extended the operation of those provisions to debt that is discharged before January 1, 2017, and provides that its discharge provisions apply to specified written agreements entered into before January 1, 2017. +This bill would conform to that additional discharge provision relating to specified written agreements and the federal extensions, some of which would be applied retroactively. The bill would discharge indebtedness for related penalties and interest and would make legislative findings and declarations regarding the public purpose served by the bill. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 17144.5 of the Revenue and Taxation Code, relating to taxation, and declaring the urgency thereof, to take effect immediately." +254,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 20583 of the Revenue and Taxation Code is amended to read: +20583. +(a) “Residential dwelling” means a dwelling occupied as the principal place of residence of the claimant and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, owned by the claimant, the claimant and spouse, or by the claimant and either another individual eligible for postponement under this chapter or an individual described in subdivision (a), (b), or (c) of Section 20511 and located in this state. It shall include condominiums that are assessed as realty for local property tax purposes. It also includes part of a multidwelling or multipurpose building and a part of the land upon which it is built. +(b) As used in this chapter in reference to ownership interests in residential dwellings, “owned” includes (1) the interest of a vendee in possession under a land sale contract provided that the contract or memorandum thereof is recorded and only from the date of recordation of the contract or memorandum thereof in the office of the county recorder where the residential dwelling is located, (2) the interest of the holder of a life estate provided that the instrument creating the life estate is recorded and only from the date of recordation of the instrument creating the life estate in the office of the county recorder where the residential dwelling is located, but “owned” does not include the interest of the holder of any remainder interest or the holder of a reversionary interest in the residential dwelling, (3) the interest of a joint tenant or a tenant in common in the residential dwelling or the interest of a tenant where title is held in tenancy by the entirety or a community property interest where title is held as community property, and (4) the interest, including the interest of a beneficiary of a special needs trust, in the residential dwelling in which the title is held in trust, as described in subdivision (d) of Section 62, provided that the Controller determines that the state’s interest is adequately protected. +(c) Except as provided in subdivision (c), and Chapter 3 (commencing with Section 20625), ownership must be evidenced by an instrument duly recorded in the office of the county where the residential dwelling is located. +(d) “Residential dwelling” does not include any of the following: +(1) Any residential dwelling in which the owners do not have an equity of at least 40 percent of the full value of the property as determined for purposes of property taxation or at least 40 percent of the fair market value as determined by the Controller and where the Controller determines that the state’s interest is adequately protected. The 40-percent equity requirement shall be met each time the claimant or authorized agent files a postponement claim. +(2) Any residential dwelling in which the claimant’s interest is held pursuant to a contract of sale or under a life estate, unless the claimant obtains the written consent of the vendor under the contract of sale, or the holder of the reversionary interest upon termination of the life estate, for the postponement of taxes and the creation of a lien on the real property in favor of the state for amounts postponed pursuant to this act. +(3) Any residential dwelling on which the claimant does not receive a secured tax bill. +(4) Any residential dwelling in which the claimant’s interest is held as a possessory interest, except as provided in Chapter 3.5 (commencing with Section 20640). +SEC. 1.5. +Section 20583 of the Revenue and Taxation Code is amended to read: +20583. +(a) “Residential dwelling” means a dwelling occupied as the principal place of residence of the claimant and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, owned by the claimant, the claimant and spouse, or by the claimant and either another individual eligible for postponement under this chapter or an individual described in subdivision (a), (b), or (c) of Section 20511 and located in this state. It shall include condominiums that are assessed as realty for local property tax purposes. It also includes part of a multidwelling or multipurpose building and a part of the land upon which it is built. +(b) As used in this chapter in reference to ownership interests in residential dwellings, “owned” includes (1) the interest of a vendee in possession under a land sale contract provided that the contract or memorandum thereof is recorded and only from the date of recordation of the contract or memorandum thereof in the office of the county recorder where the residential dwelling is located, (2) the interest of the holder of a life estate provided that the instrument creating the life estate is recorded and only from the date of recordation of the instrument creating the life estate in the office of the county recorder where the residential dwelling is located, but “owned” does not include the interest of the holder of any remainder interest or the holder of a reversionary interest in the residential dwelling, (3) the interest of a joint tenant or a tenant in common in the residential dwelling or the interest of a tenant where title is held in tenancy by the entirety or a community property interest where title is held as community property, and (4) the interest, including the interest of a beneficiary of a special needs trust, in the residential dwelling in which the title is held in trust, as described in subdivision (d) of Section 62, provided that the Controller determines that the state’s interest is adequately protected. +(c) Except as provided in subdivision (c), and Chapter 3 (commencing with Section 20625), ownership must be evidenced by an instrument duly recorded in the office of the county where the residential dwelling is located. +(d) “Residential dwelling” does not include any of the following: +(1) Any residential dwelling in which the owners do not have an equity of at least 40 percent of the full value of the property as determined for purposes of property taxation or at least 40 percent of the fair market value as determined by the Controller and where the Controller determines that the state’s interest is adequately protected. The 40-percent equity requirement shall be met each time the claimant or authorized agent files a postponement claim. +(2) Any residential dwelling in which the claimant’s interest is held pursuant to a contract of sale or under a life estate, unless the claimant obtains the written consent of the vendor under the contract of sale, or the holder of the reversionary interest upon termination of the life estate, for the postponement of taxes and the creation of a lien on the real property in favor of the state for amounts postponed pursuant to this act. +(3) Any residential dwelling on which the claimant does not receive a secured tax bill. +(4) Any residential dwelling in which the claimant’s interest is held as a possessory interest, except as provided in Chapter 3.5 (commencing with Section 20640). +(5) Any residential dwelling that is subject to a Property Assessed Clean Energy bond, or PACE bond, as defined in Section 26054 of the Public Resources Code. +SEC. 2. +Section 1.5 of this bill incorporates amendments to Section 20583 of the Revenue and Taxation Code proposed by both this bill and Assembly Bill 1952. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 20583 of the Revenue and Taxation Code, and (3) this bill is enacted after Assembly Bill 1952, in which case Section 1 of this bill shall not become operative. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes the Controller, upon approval of a claim for the postponement of ad valorem property taxes, to directly pay a county tax collector for the property taxes owed by the claimant, as provided. Existing law requires all sums paid for the postponement of property taxes pursuant to these provisions to be secured by a lien in favor of the state. Amounts owed by a claimant are due if the claimant, or his or her surviving spouse, ceases to occupy the premises as his or her residential dwelling, dies, disposes of the property, or allows specified taxes and special assessments to become delinquent, as provided. Existing law requires that the residential dwelling be owned by the claimant, the claimant and spouse, or the claimant and another specified individual. Existing law requires a claimant to file a claim containing specified information, including a description of the residential dwelling, under penalty of perjury. +This bill would provide that “owned” for these purposes includes the interest of a beneficiary of a special needs trust. +This bill would incorporate additional changes to Section 20583 of the Revenue and Taxation Code proposed by AB 1952 that would become operative if both bills are enacted and this bill is enacted last. +By requiring a special needs trust claimant for property tax postponement to file certain information under penalty of perjury, thereby expanding the crime of perjury, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 20583 of the Revenue and Taxation Code, relating to taxation." +255,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4616.4 of the Labor Code is amended to read: +4616.4. +(a) (1) The administrative director shall contract with individual physicians, as described in paragraph (2), or an independent medical review organization to perform medical provider network (MPN) independent medical reviews pursuant to this section. +(2) Only a physician licensed pursuant to Chapter 5 (commencing with Section 2000) of the Business and Professions Code may be an MPN independent medical reviewer. +(3) The administrative director shall ensure that an MPN independent medical reviewer or those within the review organization shall do all of the following: +(A) Be appropriately credentialed and privileged. +(B) Ensure that the reviews provided by the medical professionals are timely, clear, and credible, and that reviews are monitored for quality on an ongoing basis. +(C) Ensure that the method of selecting medical professionals for individual cases achieves a fair and impartial panel of medical professionals who are qualified to render recommendations regarding the clinical conditions consistent with the medical utilization schedule established pursuant to Section 5307.27. +(D) Ensure that confidentiality of medical records and the review materials, consistent with the requirements of this section and applicable state and federal law. +(E) Ensure the independence of the medical professionals retained to perform the reviews through conflict-of-interest policies and prohibitions, and ensure adequate screening for conflicts of interest. +(4) A medical professional selected by the administrative director or the independent medical review organization to review medical treatment decisions shall be a physician, as specified in paragraph (2) of subdivision (a), who meets the following minimum requirements: +(A) The medical professional shall be a clinician knowledgeable in the treatment of the employee’s medical condition, knowledgeable about the proposed treatment, and familiar with guidelines and protocols in the area of treatment under review. +(B) Notwithstanding any other law, the medical professional shall hold a nonrestricted license in any state of the United States, and for a physician, a current certification by a recognized American medical specialty board in the area or areas appropriate to the condition or treatment under review. +(C) The medical professional shall have no history of disciplinary action or sanctions, including, but not limited to, loss of staff privileges or participation restrictions taken or pending by any hospital, government, or regulatory body. +(b) If, after the third physician’s opinion, the treatment or diagnostic service remains disputed, the injured employee may request an MPN independent medical review regarding the disputed treatment or diagnostic service still in dispute after the third physician’s opinion in accordance with Section 4616.3. The standard to be utilized for an MPN independent medical review is identical to that contained in the medical treatment utilization schedule established in Section 5307.27. +(c) An application for an MPN independent medical review shall be submitted to the administrative director on a one-page form provided by the administrative director entitled “MPN Independent Medical Review Application.” The form shall contain a signed release from the injured employee, or a person authorized pursuant to law to act on behalf of the injured employee, authorizing the release of medical and treatment information. The injured employee may provide any relevant material or documentation with the application. The administrative director or the independent medical review organization shall assign the MPN independent medical reviewer. +(d) Following receipt of the application for an MPN independent medical review, the employer or insurer shall provide the MPN independent medical reviewer, assigned pursuant to subdivision (c), with all information that was considered in relation to the disputed treatment or diagnostic service, including both of the following: +(1) A copy of all correspondence from, and received by, any treating physician who provided a treatment or diagnostic service to the injured employee in connection with the injury. +(2) A complete and legible copy of all medical records and other information used by the physicians in making a decision regarding the disputed treatment or diagnostic service. +(e) Upon receipt of information and documents related to the application for an MPN independent medical review, the MPN independent medical reviewer shall conduct a physical examination of the injured employee at the employee’s discretion. The MPN independent medical reviewer may order any diagnostic tests necessary to make his or her determination regarding medical treatment. Utilizing the medical treatment utilization schedule established pursuant to Section 5307.27, and taking into account any reports and information provided, the MPN independent medical reviewer shall determine whether the disputed health care service was consistent with Section 5307.27 based on the specific medical needs of the injured employee. +(f) The MPN independent medical reviewer shall issue a report to the administrative director, in writing, and in layperson’s terms to the maximum extent practicable, containing his or her analysis and determination whether the disputed health care service was consistent with the medical treatment utilization schedule established pursuant to Section 5307.27, within 30 days of the examination of the injured employee, or within less time as prescribed by the administrative director. If the disputed health care service has not been provided and the MPN independent medical reviewer certifies in writing that an imminent and serious threat to the health of the injured employee may exist, including, but not limited to, serious pain, the potential loss of life, limb, or major bodily function, or the immediate and serious deterioration of the injured employee, the report shall be expedited and rendered within three days of the examination by the MPN independent medical reviewer. Subject to the approval of the administrative director, the deadlines for analyses and determinations involving both regular and expedited reviews may be extended by the administrative director for up to three days in extraordinary circumstances or for good cause. +(g) The MPN independent medical reviewer’s analysis shall cite the injured employee’s medical condition, the relevant documents in the record, and the relevant findings associated with the documents or any other information submitted to the MPN independent medical reviewer in order to support the determination. +(h) The administrative director shall immediately adopt the determination of the MPN independent medical reviewer, and shall promptly issue a written decision to the parties. +(i) If the determination of the MPN independent medical reviewer finds that the disputed treatment or diagnostic service is consistent with Section 5307.27, the injured employee may seek the disputed treatment or diagnostic service from a physician of his or her choice from within or outside the medical provider network. Treatment outside the medical provider network shall be provided consistent with Section 5307.27. The employer shall be liable for the cost of any approved medical treatment in accordance with Section 5307.1 or 5307.11.","Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law authorizes an insurer, employer, or entity that provides physician network services to establish or modify a medical provider network for the provision of medical treatment to injured employees, and requires the administrative director to contract with individual physicians or an independent medical review organization to perform medical provider network independent medical reviews. Existing law provides that if a treatment or diagnostic service remains disputed after a 3rd physician’s opinion, the injured employee may request a medical provider network independent medical review. Existing law requires the review to use standards established in statute or use the American College of Occupational and Environmental Medicine’s Occupational Medicine Practice Guidelines. +This bill would delete the authorization to use the American College of Occupational and Environmental Medicine’s Occupational Medicine Practice Guidelines as standards for those independent medical reviews. The bill would make additional technical, nonsubstantive changes.","An act to amend Section 4616.4 of the Labor Code, relating to workers’ compensation." +256,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 84211 of the Government Code is amended to read: +84211. +Each campaign statement required by this article shall contain all of the following information: +(a) The total amount of contributions received during the period covered by the campaign statement and the total cumulative amount of contributions received. +(b) The total amount of expenditures made during the period covered by the campaign statement and the total cumulative amount of expenditures made. +(c) The total amount of contributions received during the period covered by the campaign statement from persons who have given a cumulative amount of one hundred dollars ($100) or more. +(d) The total amount of contributions received during the period covered by the campaign statement from persons who have given a cumulative amount of less than one hundred dollars ($100). +(e) The balance of cash and cash equivalents on hand at the beginning and the end of the period covered by the campaign statement. +(f) If the cumulative amount of +contributions (including loans) +contributions, including loans, +received from a person is one hundred dollars ($100) or more and a contribution or loan has been received from that person during the period covered by the campaign statement, all of the following: +(1) His or her full name. +(2) His or her street address. +(3) His or her occupation. +(4) The name of his or her employer, or if self-employed, the name of the business. +(5) The date and amount +received for +of +each contribution received during the period covered by the campaign statement +and +and, +if the contribution is a loan, the interest rate for the loan. +(6) The cumulative amount of contributions. +(g) If the cumulative amount of loans received from or made to a person is one hundred dollars ($100) or more, and a loan has been received from or made to a person during the period covered by the campaign statement, or is outstanding during the period covered by the campaign statement, all of the following: +(1) His or her full name. +(2) His or her street address. +(3) His or her occupation. +(4) The name of his or her employer, or if self-employed, the name of the business. +(5) The original date and amount of each loan. +(6) The due date and interest rate of the loan. +(7) The cumulative payment made or received to date at the end of the reporting period. +(8) The balance outstanding at the end of the reporting period. +(9) The cumulative amount of contributions. +(h) For each person, other than the filer, who is directly, indirectly, or contingently liable for repayment of a loan received or outstanding during the period covered by the campaign statement, all of the following: +(1) His or her full name. +(2) His or her street address. +(3) His or her occupation. +(4) The name of his or her employer, or if self-employed, the name of the business. +(5) The amount of his or her maximum liability outstanding. +(i) The total amount of expenditures made during the period covered by the campaign statement to persons who have received one hundred dollars ($100) or more. +(j) The total amount of expenditures made during the period covered by the campaign statement to persons who have received less than one hundred dollars ($100). +(k) For each person to whom an expenditure of one hundred dollars ($100) or more has been made during the period covered by the campaign statement, all of the following: +(1) His or her full name. +(2) His or her street address. +(3) The amount of each expenditure. +(4) A brief description of the consideration for which each expenditure was made. +(5) In the case of an expenditure +which +that +is a contribution to a candidate, elected officer, or committee or an independent expenditure to support or oppose a candidate or measure, in addition to the information required in paragraphs (1) to +(4) above, +(4), inclusive, +the date of the contribution or independent +expenditure, +expenditure; +the cumulative amount of contributions made to a candidate, elected officer, or committee, or the cumulative amount of independent expenditures made relative to a candidate or measure; the full name of the candidate, and the office and district for which he or she seeks nomination or election, or the number or letter of the measure; and the jurisdiction in which the measure or candidate is voted upon. +(6) The information required in paragraphs (1) to (4), inclusive, for each person, if different from the payee, who has provided consideration for an expenditure of five hundred dollars ($500) or more during the period covered by the campaign statement. +For purposes of subdivisions (i), (j), and (k) only, +the terms +“expenditure” or “expenditures” mean any individual payment or accrued expense, unless it is clear from surrounding circumstances that a series of payments or accrued expenses are for a single service or product. +(l) In the case of a controlled committee, an official committee of a political party, or an organization formed or existing primarily for political purposes, the amount and source of any miscellaneous receipt. +(m) If a committee is listed pursuant to subdivision (f), (g), (h), (k), (l), or +(q), +(p), +the number assigned to the committee by the Secretary of State shall be listed, or if no number has been assigned, the full name and street address of the treasurer of the committee. +(n) In a campaign statement filed by a candidate who is a candidate in both a state primary and general election, his or her controlled committee, or a committee primarily formed to support or oppose such a candidate, the total amount of contributions received and the total amount of expenditures made for the period January 1 +through +to +June 30 +, inclusive, +and the total amount of contributions received and expenditures made for the period July 1 +through +to +December 31 +, inclusive +. +(o) The full name, residential or business address, and telephone number of the filer, or in the case of a campaign statement filed by a committee defined by subdivision (a) of Section 82013, the name, street address, and telephone number of the committee and of the committee treasurer. In the case of a committee defined by subdivision (b) or (c) of Section 82013, the name that the filer uses on campaign statements shall be the name by which the filer is identified for other legal purposes or any name by which the filer is commonly known to the public. +(p) If the campaign statement is filed by a candidate, the name, street address, and treasurer of any committee of which he or she has knowledge which has received contributions or made expenditures on behalf of his or her candidacy and whether the committee is controlled by the candidate. +(q) A contribution need not be reported nor shall it be deemed accepted if it is not cashed, negotiated, or deposited and is returned to the contributor before the closing date of the campaign statement on which the contribution would otherwise be reported. +(r) If a committee primarily formed for the qualification or support of, or opposition to, an initiative or ballot measure is required to report an expenditure to a business entity pursuant to subdivision (k) and 50 percent or more of the business entity is owned by a candidate or person controlling the committee, by an officer or employee of the committee, or by a spouse of any of these individuals, the committee’s campaign statement shall also contain, in addition to the information required by subdivision (k), that person’s name, the relationship of that person to the committee, and a description of that person’s ownership interest or position with the business entity. +(s) If a committee primarily formed for the qualification or support of, or opposition to, an initiative or ballot measure is required to report an expenditure to a business entity pursuant to subdivision (k), and a candidate or person controlling the committee, an officer or employee of the committee, or a spouse of any of these individuals is an officer, partner, consultant, or employee of the business entity, the committee’s campaign statement shall also contain, in addition to the information required by subdivision (k), that person’s name, the relationship of that person to the committee, and a description of that person’s ownership interest or position with the business entity. +(t) If the campaign statement is filed by a committee, as defined in subdivision (b) or (c) of Section 82013, information sufficient to identify the nature and interests of the filer, including: +(1) If the filer is an individual, the name and address of the filer’s employer, if any, or his or her principal place of business if the filer is self-employed, and a description of the business activity in which the filer or his or her employer is engaged. +(2) If the filer is a business entity, a description of the business activity in which it is engaged. +(3) If the filer is an industry, trade, or professional association, a description of the industry, trade, or profession which it represents, including a specific description of any portion or faction of the industry, trade, or profession which the association exclusively or primarily represents. +(4) If the filer is not an individual, business entity, or industry, trade, or professional association, a statement of the person’s nature and purposes, including a description of any industry, trade, profession, or other group with a common economic interest which the person principally represents or from which its membership or financial support is principally derived.","The Political Reform Act of 1974 generally requires elected officials, candidates for elective office, and committees formed primarily to support or oppose a candidate for public office or a ballot measure, along with other entities, to file periodic campaign statements. The act requires that these campaign statements contain prescribed information related to campaign contributions and expenditures of the filing entities. +This bill would correct an erroneous cross-reference in these provisions and would make other technical, nonsubstantive changes.","An act to amend Section 84211 of the Government Code, relating to the Political Reform Act of 1974." +257,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 115843.6 of the Health and Safety Code is amended to read: +115843.6. +(a) In the Bear Lake Reservoir, recreational uses shall not include recreation in which any participant has bodily contact with the water, unless all of the following conditions are satisfied: +(1) The water subsequently receives complete water treatment, in compliance with all applicable board regulations, including oxidation, filtration, and disinfection, before being used for domestic purposes. The disinfection shall include, but is not limited to, the use of an advanced technology capable of inactivating organisms, including, but not limited to, viruses, cryptosporidium, and giardia, to levels that comply with board regulations. The treatment shall include, but need not be limited to, filtration with a micro or ultrafiltration system rated to 0.1 micron or less. The treatment shall, at a minimum, comply with all state laws and board regulations and all federal laws and regulations, including, but not limited to, the federal Environmental Protection Agency Long Term 2 Enhanced Surface Water Treatment Rule. Nothing in this division shall limit the state or the board in imposing more stringent treatment standards than those required by federal law. +(2) The Lake Alpine Water Company conducts a monitoring program for cryptosporidium, giardia, and total coliform bacteria, including E. coli and fecal coliform, at the reservoir intake and at posttreatment at a frequency determined by the board, but no less than three times during the period when bodily contact is allowed pursuant to paragraph (4). +(3) The reservoir is operated in compliance with regulations of the board. +(4) Bodily contact is allowed for no more than four months each year. +(b) The recreational use of Bear Lake Reservoir shall be subject to additional conditions and restrictions adopted by the entity operating the water supply reservoir, or required by the board, that are required to further protect or enhance the public health and safety and do not conflict with regulations of the board. +(c) The Lake Alpine Water Company shall file, on or before December 31, 2017, and biennially thereafter, with the Legislature in accordance with Section 9795 of the Government Code and the board, a report on the recreational uses at Bear Lake Reservoir and the water treatment program for that reservoir. That report shall include, but is not limited to, all of the following information: +(1) The estimated levels and types of recreational uses at the reservoir on a monthly basis. +(2) A summary of monitoring in the Bear Lake Reservoir watershed for cryptosporidium, giardia, and total coliform bacteria, including E. coli and fecal coliform. +(3) The most current sanitary survey of the watershed and water quality monitoring. +(4) As deemed necessary by the board, an evaluation of recommendations relating to inactivation and removal of cryptosporidium and giardia. +(5) Annual reports provided to the board as required by the water permit issued by the board. +(6) An evaluation of the impact on source water quality due to recreational activities on Bear Lake Reservoir, including any microbiological monitoring. +(7) A summary of activities for operation of recreational uses and facilities in a manner that optimizes the water quality. +(8) The reservoir management plan and the operations plan. +(9) The annual water reports submitted to the consumers each year. +(d) If there is a change in operation of the treatment facility or a change in the quantity of water to be treated at the treatment facility, the board may require the entity operating the water supply reservoir to file a report that includes, but is not limited to, the information required in subdivision (c), and the entity shall demonstrate to the satisfaction of the board that water quality will not be adversely affected. +(e) (1) The board shall, at the end of each recreational season, annually review monitoring and reporting data from the Bear Lake Reservoir to ensure full compliance with this section. +(2) If at any time the board finds a failure to comply with this section, the exemption granted pursuant to this section shall cease immediately, and a permit issued to the Lake Alpine Water Company pursuant to Chapter 4 (commencing with Section 116270) of Part 12 may be subject to suspension, amendment, or revocation pursuant to that chapter. A failure to comply with this section shall be deemed a violation of Chapter 4 (commencing with Section 116270) of Part 12 and shall be subject to any applicable fines, penalties, or other enforcement action provided under that chapter. +(f) As used in this section, “board” means the State Water Resources Control Board. +(g) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the Bear Lake Reservoir. The facts constituting the special circumstances are: +Recreational activities occur at Bear Lake Reservoir pursuant to Section 115843.6 of the Health and Safety Code, provided certain conditions are met. The Lake Alpine Water Company will continue effective water treatment through microfiltration and disinfection in order for bodily contact to continue, and the company will provide information to the Legislature regarding certain issues to ensure that any recreational uses at the reservoir do not affect the provision of domestic water to district customers. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law prohibits recreational use involving bodily contact with the water in Bear Lake Reservoir unless certain conditions are satisfied, including that the water subsequently receives complete water treatment. Existing law requires the Lake Alpine Water Company, on or before January 1, 2016, to file with the Legislature a report on the recreational uses at Bear Lake Reservoir and the water treatment program for that reservoir. Existing law provides that, upon a finding of noncompliance, the Lake Alpine Water Company could be subject to suspension, amendment, or revocation of any permit issued pursuant to specified provisions, and that failure to comply with these provisions would be deemed a violation subject to specified fines, penalties, or other enforcement actions. Existing law repeals these provisions on January 1, 2017. +This bill would extend the operation of all these provisions until January 1, 2022, and would require the Lake Alpine Water Company to file the report on or before December 31, 2017, and biennially thereafter until January 1, 2022. By expanding the scope of a crime, the bill would create a state-mandated local program. +This bill would make legislative findings and declarations as to the necessity of a special statute for the Bear Lake Reservoir. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 115843.6 of the Health and Safety Code, relating to reservoirs." +258,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 63089.1 of the Government Code is amended to read: +63089.1. +(a) The program manager acting under the guidance of the executive director shall do all of the following: +(1) Administer this chapter. +(2) Enter into a contract between the bank and each corporation for services to be provided by the corporations for one or more programs or financial products under this chapter and Chapter 1 (commencing with Section 14000) of Part 5 of Division 3 of Title 1 of the Corporations Code. +(3) In accordance with available resources, allow the use of branch offices for the purposes of making these programs under this chapter accessible to all areas of the state. +(4) Require each corporation to submit an annual written plan of operation. +(5) Authorize the distribution, transfer, leverage, and withholding of moneys in the expansion fund and trust funds. +(6) Authorize the investment of expansion and trust fund moneys. +(7) Oversee the operations of one or more programs authorized pursuant to this chapter and by Section 8684.2. +(8) Act as liaison between corporations, other state and federal agencies, lenders, and the Legislature. +(9) Act as secretary to the California Small Business Board, and attend meetings of the California Small Business Board and the bank board. +(b) The program manager may attend and participate at corporation meetings. The program manager or his or her designee shall be an ex officio, nonvoting representative on the board of directors and loan committees of each corporation. The program manager shall confer with the board of directors of each corporation as appropriate and necessary to carry out his or her duties, but in no case shall the program manager confer less than once each fiscal year. +(c) In accordance with available resources, assist corporations in applying for public and private funding opportunities, and in obtaining program support from the business community. +SEC. 2. +Section 63089.5 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is amended to read: +63089.5. +(a) There is hereby continued in existence in the State Treasury the California Small Business Expansion Fund. All or a portion of the funds in the expansion fund may be paid out, with the approval of the Department of Finance, to a financial institution or financial company that will establish a trust fund and act as trustee of the funds. +(b) The expansion fund and the trust fund shall be used for the following purposes: +(1) To pay defaulted loan guarantee or surety bond losses, or other financial product defaults or losses. +(2) To fund direct loans and other debt instruments. +(3) To pay administrative costs of corporations. +(4) To pay state support and administrative costs. +(5) To pay those costs necessary to protect a real property interest in a financial product default. +(c) The expansion fund and trust fund are created solely for the purpose of receiving state, federal, or local government moneys, and other public or private moneys to make loans, guarantees, and other financial products that the California Small Business Finance Center or a financial development corporation is authorized to provide. The program manager shall provide written notice to the Joint Legislative Budget Committee and to the Chief Clerk of the Assembly and the Secretary of the Senate who shall provide a copy of the notice to the relevant policy committees within 10 days of any nonstate funds being deposited in the expansion fund. The notice shall include the source, purpose, timeliness, and other relevant information as determined by the bank board. +(d) (1) One or more accounts in the expansion fund and the trust fund may be created by the program manager for corporations participating in one or more programs authorized under this chapter and Section 8684.2. Each account is a legally separate account, and shall not be used to satisfy loan guarantees or other financial product obligations of another corporation except when the expansion fund or trust fund is shared by multiple corporations. +(2) The program manager may create one or more holding accounts in the expansion fund or the trust fund, or in both, to accommodate the temporary or permanent transfers of funds pursuant to Section 63089.3. +(e) The amount of guarantee liability outstanding at any one time shall not exceed 10 times the amount of funds on deposit in the expansion fund plus any receivables due from funds loaned from the expansion fund to another fund in state government as directed by the Department of Finance pursuant to a statute enacted by the Legislature, including each of the trust fund accounts within the trust fund. +SEC. 3. +Section 63089.5 of the Government Code, as amended by Section 8 of Chapter 132 of the Statutes of 2014, is repealed. +SEC. 4. +Section 63089.60 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is amended to read: +63089.60. +(a) The program manager shall recommend whether the expansion fund and trust fund accounts are to be leveraged, and if so, by how much. Upon the request of the corporation, the program manager’s decision may be repealed or modified by the executive director or the bank board. +(b) The amount of guarantee liability outstanding at any one tid by a reserve of at least 10 percent to be determined by the program manager unless a higher leverage ratio for an individual corporation has been approved pursuant to subdivision (b) of Section 63089.56. +(c) The expansion fund and trust fund accounts shall be used to guarantee obligations and other financial product obligations, to pay the administrative costs of the corporations, and for other uses pursuant to this chapter and Section 8684.2. +SEC. 7. +Section 63089.61 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is repealed. +SEC. 8. +Section 63089.62 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is amended to read: +63089.62. +(a) It is the intent of the Legislature that the corporations make maximum use of their statutory authority to guarantee loans and surety bonds, and administer other financial products, including the authority to secure loans with a minimum loan loss reserve of only 10 percent, unless the program manager authorizes a higher leverage ratio for an individual corporation pursuant to subdivision (b) of Section 63089.56, so that the financing needs of small business may be met as fully as possible within the limits of corporations’ trust fund account balance. +(b) Any corporation that serves an area declared to be in a state of emergency by the Governor or a disaster area by the President of the United States, the Administrator of the United States Small Business Administration, or the United States Secretary of Agriculture shall increase the portfolio of loan guarantees where the dollar amount of the loan is less than one hundred thousand dollars ($100,000), so that at least 15 percent of the dollar value of loans guaranteed by the corporation is for those loans. The corporation shall comply with this requirement within one year of the date the emergency or disaster is declared. Upon application of a corporation, the executive director may waive or modify the rule for the corporation if the corporation demonstrates that it made a good faith effort to comply and failed to locate lending institutions in the region that the corporation serves that are willing to make guaranteed loans in that amount. +SEC. 9. +Section 63089.62 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is repealed.","Existing law, the Small Business Financial Assistance Act of 2013, establishes the California Small Business Expansion Fund, a continuously appropriated fund that includes General Fund moneys. The act requires guarantees made by small business financial development corporations to be backed by funds on deposit in the corporation’s trust fund account or by receivables due from funds loaned from the corporation’s trust fund account to another fund in state government, as specified, and requires these loan guarantees to be secured by a reserve of at least 20%, until January 1, 2018, and 25% thereafter, as specified. +This bill would reduce the required reserve to 10% indefinitely and would make conforming changes with respect to related statements of legislative intent. +Existing law prohibits the amount of guarantee liability outstanding at any one time from exceeding 5 times the amount of funds on deposit in the expansion fund plus any receivables due from funds loaned from the expansion fund to another fund in state government, as specified, until January 1, 2018, and 4 times thereafter. +This bill would increase that maximum amount to 10 times the amount of funds on deposit in the expansion fund plus any receivables due from funds loaned from the expansion fund to another fund in state government, as specified, would apply that increased amount indefinitely, and would make conforming changes. +Existing law requires the program manager under the guidance of the executive director of the California Infrastructure and Economic Development Bank, to, among other things, authorize the distribution, transfer, and withholding of moneys in the expansion fund and trust funds. +This bill would also require the program manager to leverage moneys in the expansion fund and trust funds.","An act to amend Section 63089.1 of, and to amend and repeal Sections 63089.5, 63089.60, 63089.61, and 63089.62 of, the Government Code, relating to business." +259,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2356.5 of the Probate Code is amended to read: +2356.5. +(a) The Legislature hereby finds and declares: +(1) That conservatees with major neurocognitive disorders (MNCDs), as defined in the last published edition of the “Diagnostic and Statistical Manual of Mental Disorders,” should have a conservatorship to serve their unique and special needs. +(2) Common forms of MNCDs are known as Alzheimer’s disease, vascular dementia, dementia with Lewy bodies, Parkinson dementia, frontotemporal dementia, and mixed dementia. +(3) That, by adding powers to the probate conservatorship for conservatees with MNCDs, their unique and special needs can be met, and the basic dignity and rights of the conservatee can be safeguarded. +(4) Psychotropic medications can be misused for people with MNCDs to control behavior that conveys pain, distress, or discomfort and the administration of psychotropic medications has been and can be abused by those who prescribe and administer these medications. +(5) Since 2005, the federal Food and Drug Administration has required the packaging of all antipsychotic medications, which fall under a class of psychotropic medication, to contain a black box warning label that the medication significantly increases the risk of death for elderly people with MNCDs. +(6) Therefore, granting powers to a conservator to authorize these medications for the treatment of a person with an MNCD requires the additional protections specified in this section. +(b) For the purposes of this section, “MNCD” means a major neurocognitive disorder, as defined in the latest published edition of the “Diagnostic and Statistical Manual of Mental Disorders.” +(c) Notwithstanding any other law, a conservator may authorize the placement of a conservatee in a secured perimeter residential care facility for the elderly operated pursuant to Section 1569.698 of the Health and Safety Code, and which has a care plan that meets the requirements of Section 87705 of Title 22 of the California Code of Regulations, upon a court’s finding, by clear and convincing evidence, of all of the following: +(1) The conservatee has an MNCD. +(2) The conservatee lacks the capacity to give informed consent to this placement and has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit significantly impairs the person’s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811. +(3) The conservatee needs or would benefit from a restricted and secure environment, as demonstrated by evidence presented by the physician or psychologist referred to in paragraph (3) of subdivision (f). +(4) The proposed placement in a secured perimeter residential care facility for the elderly is the least restrictive placement appropriate to the needs of the conservatee. +(5) The secured setting is the choice of the conservator from various setting options, as documented in the person-centered care plan. +(d) Notwithstanding any other law, a conservator of a person may authorize the administration of psychotropic medications to a conservatee with an MNCD only upon a court’s finding, by clear and convincing evidence, of all of the following: +(1) The conservatee has an MNCD. +(2) The conservatee lacks the capacity to give informed consent to the administration of psychotropic medications for his or her treatment and has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit or deficits significantly impairs the person’s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811. +(3) The conservatee needs or would benefit from appropriate medication as demonstrated by evidence presented by the physician as provided in subdivision (f). +(e) Pursuant to subdivision (b) of Section 2355, in the case of a person who is an adherent of a religion whose tenets and practices call for a reliance on prayer alone for healing, the treatment required by the conservator under subdivision (d) shall be by an accredited practitioner of that religion in lieu of the administration of medications. +(f) A petition for authority to act under this section is governed by Section 2357, except: +(1) The conservatee shall be represented by an attorney pursuant to Chapter 4 (commencing with Section 1470) of Part 1. Upon granting or denying authority to a conservator under this section, the court shall discharge the attorney or order the continuation of the legal representation, consistent with the standard set forth in subdivision (a) of Section 1470. +(2) The conservatee shall be produced at the hearing, unless excused pursuant to Section 1893. +(3) The petition requesting authority under subdivision (c) shall be supported by a declaration of a physician, or a psychologist within the scope of his or her licensure, regarding each of the findings required to be made under this section for any power requested. The psychologist shall have at least two years of experience in diagnosing MNCDs. +(4) The petition requesting authority under subdivision (d) shall be supported by a declaration of a physician regarding each of the findings required to be made under this section for any power requested. The supporting declaration for a petition requesting authority under subdivision (d) shall also include all of the following: +(A) A description of the conservatee’s diagnosis and a description of the conservatee’s behavior. +(B) The recommended course of medication. +(C) A description of the pharmacological and nonpharmacological treatments and medications that have been previously used or proposed, the less invasive treatments or medications used or proposed, and why these treatments or medications have not been or would not be effective in treating the conservatee’s symptoms. +(D) The expected effects of the recommended medication on the conservatee’s overall mental health and treatment plan, including how the medication is expected to improve the conservatee’s symptoms. +(E) A description of the potential side effects of the recommended medication, including any black box warnings issued by the federal Food and Drug Administration as defined in Section 201.57(c)(1) of Title 21 of the Code of Federal Regulations. +(F) Whether the conservatee and his or her attorney have had an opportunity to provide input on the recommended medications. +(5) On or before July 1, 2017, the Judicial Council shall adopt rules of court and develop appropriate forms for the implementation of this section, and shall provide guidance to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court. +(6) The petition may be filed by any of the persons designated in Section 1891. +(g) The court investigator shall annually investigate and report to the court every two years pursuant to Sections 1850 and 1851 if the conservator is authorized to act under this section. In addition to the other matters provided in Section 1851, the conservatee shall be specifically advised by the investigator that the conservatee has the right to object to the conservator’s powers granted under this section, and the report shall also include whether powers granted under this section are warranted. If the conservatee objects to the conservator’s powers granted under this section, or the investigator determines that some change in the powers granted under this section is warranted, the court shall provide a copy of the report to the attorney of record for the conservatee. If no attorney has been appointed for the conservatee, one shall be appointed pursuant to Chapter 4 (commencing with Section 1470) of Part 1. The attorney shall, within 30 days after receiving this report, do one of the following: +(1) File a petition with the court regarding the status of the conservatee. +(2) File a written report with the court stating that the attorney has met with the conservatee and determined that the petition would be inappropriate. +(h) If authority to administer psychotropic medications is granted pursuant to subdivision (d), the conservator may change or adjust psychotropic medications without further notice to, or approval from, the court, provided that the change or adjustment is consistent with the authority granted by the courons” includes, but is not limited to, anxiolytic agents, antidepressants, mood stabilizers, antipsychotic medications, hypnotics, and psychostimulants. “Psychotropic medications” does not include medications approved by the federal Food and Drug Administration for the treatment of an MNCD or anti-Parkinson agents. +(o) This section shall not apply to a conservatee who is prescribed a psychotropic or antipsychotic medication by a physician in an acute care hospital setting or for purposes of diagnosis or therapeutic treatment not directly related to the MNCD, including, but not limited to, sedation prior to an invasive procedure or nausea prevention or relief. In those circumstances, the informed consent of the conservator may be obtained pursuant to the authority granted under Section 2355.","Existing law authorizes a conservator to place a conservatee in a secured perimeter residential care facility for the elderly, as specified, or to authorize the administration of certain prescribed medications upon a court’s finding that among other things, the conservatee has dementia and a functional impairment. Existing law requires certain findings to be made by the court for each type of authority sought by the conservator and requires a petition for authority to be supported by a declaration of a licensed physician or psychologist, as specified, regarding these findings. +This bill would replace references to the term dementia in these provisions with major neurocognitive disorders (MNCDs), as defined. The bill would require a petition requesting the authority to administer psychotropic medications, as defined, to be supported by a declaration of a physician that includes specified information, including, among other things, the recommended course of medication, the expected effects of the recommended medication on the conservatee’s overall mental health and treatment plan, including how the medication is expected to improve the conservatee’s symptoms, and a description of the potential side effects of the recommended medication. The bill would revise the court findings required for placement in a secured perimeter facility. The bill would require the Judicial Council, on or before July 1, 2017, to adopt rules of court and develop appropriate forms for the implementation of these provisions, as specified. The bill would make related changes and additional findings and declarations of the Legislature.","An act to amend Section 2356.5 of the Probate Code, relating to conservatorships." +260,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 11 (commencing with Section 122380) is added to Part 6 of Division 105 of the Health and Safety Code, to read: +CHAPTER 11. Pet Boarding Facilities +122380. +As used in this chapter, the following definitions apply: +(a) “Enrichment” means providing objects or activities, appropriate to the needs of the species, as well as the age, size, and condition of the pet, that stimulate the pet and promote the pet’s well-being. +(b) “Permanent or fixed enclosure” means a structure, including, but not limited to, an exercise run, kennel, or room, used to restrict a pet, that provides for the effective separation of a pet from the pet’s waste products. +(c) “Person” means an individual, partnership, firm, limited liability company, joint-stock company, corporation, association, trust, estate, or other legal entity. +(d) “Pet” means any nonhuman animal housed in the pet boarding facility, including, but not limited to, mammals, birds, reptiles, and amphibians. However, “pet” does not include a horse. +(e) “Pet boarding facility” means any lot, building, structure, enclosure, or premises, or a portion thereof, whereupon four or more dogs, cats, or other pets in any combination are boarded at the request of, and in exchange for compensation provided by, their owner. However, “pet boarding facility” does not include a city, county, or city and county animal control agency, society for the prevention of cruelty to animals, or humane society that contracts for the care of stray or abandoned animals, or the premises of a veterinary facility that is registered pursuant to Section 4853 of the Business and Professions Code. +(f) “Pet boarding facility operator” or “operator” means a person who owns or operates, or both, a pet boarding facility. +(g) “Temporary enclosure” means a structure used to restrict a pet, including, but not limited to, a crate or cage, that does not provide for the effective separation of a pet from the pet’s waste products. +122381. +Each pet boarding facility operator shall be responsible for all of the following: +(a) Ensuring that the entire pet boarding facility, including all equipment therein, is structurally sound and maintained in good repair. +(b) Ensuring that pests do not inhabit any part of the pet boarding facility in a number large enough to be harmful, threatening, or annoying to the pets. +(c) Ensuring the containment of pets within the pet boarding facility, and, in the event that a pet escapes, making reasonable efforts to immediately capture the escaped pet. +(d) If an escaped pet has not been captured despite reasonable efforts, ensuring that all material facts regarding the pet’s escape are reported to the local agency for animal control and to the owner. +(e) Ensuring that the pet boarding facility’s interior building surfaces, including walls and floors, are constructed in a manner that permits them to be readily cleaned and sanitized. +(f) Ensuring that light, by natural or artificial means, is distributed in a manner that permits routine inspection and cleaning, and the proper care and maintenance of the pets. +(g) If pet grooming services are offered by a pet boarding facility, separating the grooming work area from the pet boarding facility’s permanent or fixed and temporary enclosures and ensuring that the grooming areas are cleaned and sanitized at least once daily. +(h) Storing food in an area separate from permanent or fixed enclosures or temporary enclosures. +(i) Maintaining an area for isolating sick pets from healthy pets. +122382. +(a) Each permanent or fixed and temporary enclosure shall comply with all of the following standards: +(1) Be structurally sound and maintained in good repair to protect the enclosed pet from injury, to contain the pet, to keep other animals out, and to promote the health and well-being of the pet. +(2) Be maintained in a comfortable and sanitary manner. When being cleaned in a manner or with a substance that is or may be harmful to a pet within the enclosure, that pet shall be removed from the enclosure. +(3) Be constructed of material suitable for regular cleaning and sanitizing. +(4) As needed to ensure the comfort and well-being of the pet, provide heating, cooling, lighting, ventilation, shade, and protection from the elements, including, but not limited to, the sun, wind, rain, and snow. +(5) Allow a pet to turn around freely, stand easily, and sit or lie down in a comfortable position. +(b) Each enclosure is either a permanent or fixed enclosure or a temporary enclosure. +(c) In addition to the requirements set forth in subdivision (a), a permanent or fixed enclosure for a cat shall provide an elevated platform appropriate for the size of the cat. +(d) A pet may be contained in a temporary enclosure for a period not to exceed 4 hours during the day and 12 hours at night or the length of time that is humane for that particular pet, whichever is less. However, the pet shall remain outside the temporary enclosure for no less than the amount of time needed for the pet to eliminate its waste. +122383. +A pet boarding facility operator shall comply with all of the following animal care requirements: +(a) House only one pet at a time in an enclosure unless otherwise consented to by the owner. +(b) Observe each pet as necessary, but no less than once every 24 hours, in order to recognize the signs of sickness, injury, or distress, and in order to ensure that the pet, food, and waste or debris is removed as necessary to prevent contamination or injury. +(c) Provide each pet with easy and convenient access to potable water at all times, or if the behavior of the pet makes unrestricted access to water impracticable, offer water as often as necessary to ensure the pet’s health and well-being. However, water may be restricted as directed by the owner or a licensed veterinarian. +(d) Provide each pet with nutritious food in quantities and at intervals suitable for that pet. +(e) Provide each pet daily with enrichment sufficient to maintain the behavioral health of the pet. +(f) Maintain and abide by written policies and procedures that address animal care, management and safe handling, disease prevention and control, routine care, preventive care, emergency care, veterinary treatment, and disaster planning, evacuation, and recovery that are applicable to the location of the pet boarding facility. These procedures shall be reviewed with each employee who provides animal care and shall be present, in writing, either electronically or physically, in the facility and made available to all employees. +(g) Isolate those pets that have or are suspected of having a contagious condition. +(h) Ensure that each sick or injured pet is immediately provided with appropriate care and, if prudent, veterinary treatment. +(i) Ensure that the owner of a pet is notified immediately that his or her pet is sick or injured unless the owner has indicated in writing that notification of any, or a particular, type of illness or injury is not required. +(j) In the event of a natural disaster, an emergency evacuation, or other similar occurrence, ensure that the humane care and treatment of each animal is provided for, as required by this chapter, to the extent access to the pet is reasonably available. +122384. +(a) A pet boarding facility operator shall provide each owner with written information describing all of the following: +(1) Days and times during which the pet boarding facility permits pets to be dropped off and picked up. +(2) Days and times during which personnel are onsite. +(3) The square footage of the permanent or fixed and temporary enclosures in which the species of pet that the owner is boarding is customarily contained. +(4) General observation practices during each 24-hour period for the species of pet that the owner is boarding is customarily observed by personnel. +(5) The pet boarding facility’s customary daily activity schedule for the species of pet that the owner is boarding. +(b) If the pet boarding facility will materially deviate from the customary practices described in the written information required by subdivision (a) with respect to an owner’s pet, the pet boarding facility operator shall disclose those deviations to the owner or patron, as appropriate. +122385. +A pet boarding facility shall maintain either of the following: +(a) A fire alarm system that is connected to a central reporting station that alerts the local fire department in case of fire. +(b) A fire suppression sprinkler system. +122386. +(a) An animal control officer, as defined in Section 830.9 of the Penal Code, a humane officer qualified pursuant to Section 14502 or 14503 of the Corporations Code, or a peace officer who detects a violation of Sections 122380 to 122385, inclusive, if he or she decides the violation warrants formal action, shall issue a single notice to correct that shall contain all of the following information: +(1) Specify each violation of this chapter found in the inspection. +(2) Identify the corrective action for each violation. +(3) Include a specific period of time during which the listed violation or violations are to be corrected. +(b) After issuing a notice to correct pursuant to this section, the officer or another qualified officer of the issuing agency shall verify compliance with this chapter by conducting a subsequent investigation of the pet boarding facility within a reasonable period of time. +(c) An exact, legible copy of the notice to correct shall be delivered to the pet boarding facility operator at the time he or she signs the notice. In the alternative, the issuing agency may personally deliver the notice to the operator within 48 hours of its issuance, excluding holidays and weekends. The signing of the notice is an acknowledgment of receipt and does not constitute an admission of guilt. +(d) A pet boarding facility operator who is verified to have complied with a notice to correct shall not be subject to subdivision (g). +(e) A pet boarding facility operator who violates the same provision of this chapter on more than one occasion within a five-year period is not eligible to receive a notice to correct, and is guilty of an infraction on the second violation, and is guilty of a misdemeanor on the third or subsequent violation. +(f) Notwithstanding subdivision (a), a pet boarding facility operator that causes or allows harm or injury to an animal, or allows an animal to be subject to an unreasonable risk of harm or injury is guilty of a misdemeanor. +(g) Except as provided in subdivisions (e) and (f), a pet boarding facility operator who violates any provision of this chapter is guilty of an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) for the first violation and by a fine not to exceed one thousand dollars ($1,000) for each subsequent violation. The court shall weigh the gravity of the offense in setting the penalty. +122387. +(a) Nothing in this chapter shall be construed to in any way limit or affect the application or enforcement of any other law that protects animals or the rights of consumers, including, but not limited to, Section 597 of the Penal Code. +(b) Nothing in this chapter limits, or authorizes any act or omission that violates, Section 597 of the Penal Code, or any other local, state, or federal law that protects animals or the rights of consumers. +122388. +Pursuant to Section 7 of Article XI of the California Constitution, a city, county, or city and county may adopt ordinances that establish additional standards and requirements for a pet boarding facility. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law regulates the care and maintenance of animals in the care of a pet store. +This bill would establish procedures for the care and maintenance of pets boarded at a pet boarding facility, including, but not limited to, sanitation, provision of enrichment for the pet, health of the pet, and safety. The bill would specifically authorize a city, county, or city and county to adopt ordinances that establish additional standards and requirements for a pet boarding facility. The bill would require an animal control officer, a humane officer, or a peace officer who detects a violation of specified provisions by a pet boarding facility operator to issue a notice to correct and would provide that if the operator complies with the notice to correct he or she would not be subject to an infraction, except as provided. The bill would provide that an operator that causes or allows harm or injury to an animal or allows an animal to be subject to an unreasonable risk of harm or injury is guilty of a misdemeanor. The bill, except as provided, would make a violation of these provisions an infraction punishable by a fine not to exceed $250 for the first violation and not to exceed $1,000 for each subsequent violation. Because it would create a new crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Chapter 11 (commencing with Section 122380) to Part 6 of Division 105 of the Health and Safety Code, relating to pet boarding facilities." +261,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 46300 of the Education Code is amended to read: +46300. +(a) In computing average daily attendance of a school district or county office of education, there shall be included the attendance of pupils while engaged in educational activities required of those pupils and under the immediate supervision and control of an employee of the +school +district or county office +of education +who possessed a valid certification document, registered as required by law. +(b) (1) For purposes of a work experience education program in a secondary school that meets the standards of the California State Plan for Career Technical Education, “immediate supervision,” in the context of off-campus work training stations, means pupil participation in on-the-job training as outlined under a training agreement, coordinated by the school district under a state-approved plan, wherein the employer and certificated school personnel share the responsibility for on-the-job supervision. +(2) The pupil-teacher ratio in a work experience program shall not exceed 125 pupils per full-time equivalent certificated teacher coordinator. This ratio may be waived by the state board pursuant to Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2 under criteria developed by the state board. +(3) A pupil enrolled in a work experience program shall not be credited with more than one day of attendance per calendar day, and shall be a full-time pupil enrolled in regular classes that meet the requirements of Section 46141 or 46144. +(c) (1) For purposes of the rehabilitative schools, classes, or programs described in Section 48917 that require immediate supervision, “immediate supervision” means that the person to whom the pupil is required to report for training, counseling, tutoring, or other prescribed activity shares the responsibility for the supervision of the pupils in the rehabilitative activities with certificated personnel of the district. +(2) A pupil enrolled in a rehabilitative school, class, or program shall not be credited with more than one day of attendance per calendar day. +(d) (1) For purposes of computing the average daily attendance of pupils engaged in the educational activities required of high school pupils who are also enrolled in a regional occupational center or regional occupational program, the school district shall receive proportional average daily attendance credit for those educational activities that are less than the minimum schoolday, pursuant to regulations adopted by the state +board; however, none of that attendance shall be counted for purposes of computing attendance pursuant to Section 52324. +board. +(2) A school district shall not receive proportional average daily attendance credit pursuant to this subdivision for a pupil in attendance for less than 145 minutes each day. +(3) The divisor for computing proportional average daily attendance pursuant to this subdivision is 240, except that, in the case of a pupil excused from physical education classes pursuant to Section 52316, the divisor is 180. +(4) Notwithstanding any other +provision of +law, travel time of pupils to attend a regional occupational center or regional occupational program shall not be used in any manner in the computation of average daily attendance. +(e) (1) In computing the average daily attendance of a school district, there shall also be included the attendance of pupils participating in independent study conducted pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 for five or more consecutive schooldays. +(2) A pupil participating in independent study shall not be credited with more than one day of attendance per calendar day. +(3) For purposes of this subdivision, a pupil serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code consistent with subdivision (a) of Section 51745 shall not be required to participate in that activity for five or more consecutive schooldays if the pupil absent from school under this paragraph is required to do both of the following: +(A) Complete all assignments and tests missed during the absence. The teacher of any class from which a pupil is absent shall ensure that the assignments and tests are reasonably equivalent, but not necessarily identical, to the assignments and tests that the pupil missed during the absence. +(B) Complete a report or written assignment on the subject of the activities engaged in by the pupil while serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code. The teacher of any class from which a pupil is absent shall ensure that the report or written assignment is submitted within a reasonable time after the activities are completed. +(f) For purposes of cooperative career technical education programs and community classrooms described in Section 52372.1, “immediate supervision” means pupil participation in paid and unpaid on-the-job experiences, as outlined under a training agreement and individualized training plans wherein the supervisor of the training site and certificated school personnel share the responsibility for the supervision of on-the-job experiences. +(g) (1) In computing the average daily attendance of a school district, there shall be included the attendance of pupils in kindergarten after they have completed one school year in kindergarten or pupils in a transitional kindergarten program after they have completed one year in that program if one of the following conditions is met: +(A) The school district has on file for each of those pupils an agreement made pursuant to Section 48011, approved in form and content by the department and signed by the pupil’s parent or guardian, that the pupil may continue in kindergarten for not more than one additional school year. +(B) The pupils participated in a transitional kindergarten program pursuant to subdivision (c) of Section 48000. +(2) A school district may not include for apportionment purposes the attendance of any pupil for more than two years in kindergarten or for more than two years in a combination of transitional kindergarten and kindergarten. +SEC. 2. +Section 48205 of the Education Code is amended to read: +48205. +(a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is: +(1) Due to his or her illness. +(2) Due to quarantine under the direction of a county or city health officer. +(3) For the purpose of having medical, dental, optometrical, or chiropractic services rendered. +(4) For the purpose of attending the funeral services of a member of his or her immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California. +(5) For the purpose of jury duty in the manner provided for by law. +(6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent. +(7) For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of his or her religion, attendance at religious retreats, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization when the pupil’s absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board. +(8) For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code. +(9) For the purpose of spending time with a member of the pupil’s immediate family, who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district. +(b) A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence. +(c) For purposes of this section, attendance at religious retreats shall not exceed four hours per semester. +(d) Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment +payments. +payments, except for a pupil serving as a member of a precinct board for an election in accordance with paragraph (3) of subdivision (e) of Section 46300. +(e) “Immediate family,” as used in this section, has the same meaning as set forth in Section 45194, except that references +therein +in that section +to “employee” shall be deemed to be references to “pupil.”","Existing law authorizes a pupil to be excused from school for specified reasons, including for the purpose of serving as a member of a precinct board for an election. Existing law provides that an excused absence for those specified reasons are, nevertheless, absences for the purpose of computing average daily attendance and do not generate state apportionment payments. Existing law also requires that the attendance of pupils participating in independent study for 5 or more consecutive days, as specified, be included in computing the average daily attendance of the school district. +This bill would specify that, for the purpose of computing average daily attendance for pupils in independent study, a pupil serving as a member of a precinct board for an election shall not be required to participate in that activity for 5 or more consecutive days if specified requirements are met, and would specify that an absence for those reasons shall not be considered an absence for purposes of generating state apportionment payments. The bill also would delete an obsolete reference and make other nonsubstantive changes.","An act to amend Sections 46300 and 48205 of the Education Code, relating to pupil attendance." +262,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1773.1 of the Labor Code is amended to read: +1773.1. +(a) Per diem wages, as the term is used in this chapter or in any other statute applicable to public works, includes employer payments for the following: +(1) Health and welfare. +(2) Pension. +(3) Vacation. +(4) Travel. +(5) Subsistence. +(6) Apprenticeship or other training programs authorized by Section 3093, to the extent that the cost of training is reasonably related to the amount of the contributions. +(7) Worker protection and assistance programs or committees established under the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), to the extent that the activities of the programs or committees are directed to the monitoring and enforcement of laws related to public works. +(8) Industry advancement and collective bargaining agreements administrative fees, provided that these payments are made pursuant to a collective bargaining agreement to which the employer is obligated. +(9) Other purposes similar to those specified in paragraphs (1) to (5), inclusive; or other purposes similar to those specified in paragraphs (6) to (8), inclusive, if the payments are made pursuant to a collective bargaining agreement to which the employer is obligated. +(b) Employer payments include all of the following: +(1) The rate of contribution irrevocably made by the employer to a trustee or third person pursuant to a plan, fund, or program. +(2) The rate of actual costs to the employer reasonably anticipated in providing benefits to workers pursuant to an enforceable commitment to carry out a financially responsible plan or program communicated in writing to the workers affected. +(3) Payments to the California Apprenticeship Council pursuant to Section 1777.5. +(c) Employer payments are a credit against the obligation to pay the general prevailing rate of per diem wages. However, credit shall not be granted for benefits required to be provided by other state or federal law, for payments made to monitor and enforce laws related to public works if those payments are not made to a program or committee established under the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), or for payments for industry advancement and collective bargaining agreement administrative fees if those payments are not made pursuant to a collective bargaining agreement to which the employer is obligated. Credits for employer payments also shall not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing. However, an increased employer payment contribution that results in a lower hourly straight time or overtime wage shall not be considered a violation of the applicable prevailing wage determination if all of the following conditions are met: +(1) The increased employer payment is made pursuant to criteria set forth in a collective bargaining agreement. +(2) The basic hourly rate and increased employer payment are no less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the director’s general prevailing wage determination. +(3) The employer payment contribution is irrevocable unless made in error. +(d) An employer may take credit for an employer payment specified in subdivision (b), even if contributions are not made, or costs are not paid, during the same pay period for which credit is taken, if the employer regularly makes the contributions, or regularly pays the costs, for the plan, fund, or program on no less than a quarterly basis. +(e) The credit for employer payments shall be computed on an annualized basis when the employer seeks credit for employer payments that are higher for public works projects than for private construction performed by the same employer, unless one or more of the following occur: +(1) The employer has an enforceable obligation to make the higher rate of payments on future private construction performed by the employer. +(2) The higher rate of payments is required by a project labor agreement. +(3) The payments are made to the California Apprenticeship Council pursuant to Section 1777.5. +(4) The director determines that annualization would not serve the purposes of this chapter. +(f) (1) For the purpose of determining those per diem wages for contracts, the representative of any craft, classification, or type of worker needed to execute contracts shall file with the Department of Industrial Relations fully executed copies of the collective bargaining agreements for the particular craft, classification, or type of work involved. The collective bargaining agreements shall be filed after their execution and thereafter may be taken into consideration pursuant to Section 1773 whenever they are filed 30 days prior to the call for bids. If the collective bargaining agreement has not been formalized, a typescript of the final draft may be filed temporarily, accompanied by a statement under penalty of perjury as to its effective date. +(2) When a copy of the collective bargaining agreement has previously been filed, fully executed copies of all modifications and extensions of the agreement that affect per diem wages or holidays shall be filed. +(3) The failure to comply with filing requirements of this subdivision shall not be grounds for setting aside a prevailing wage determination if the information taken into consideration is correct.","Existing law requires, except for public works projects of $1,000 or less, that workers employed on public works be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality that the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed, as prescribed. Existing law requires the Director of Industrial Relations to determine the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is to be performed, and the general prevailing rate of per diem wages for holiday and overtime work. +Existing law includes, as per diem wages, employer payment for industry advancement and collective bargaining agreements administrative fees, provided that these payments are required under a collective bargaining agreement pertaining to the particular craft, classification, or type of work within the locality or the nearest labor market area at issue. Per diem wages also include employer payments for other purposes similar to those specified, including, but not limited to, certain apprenticeship or other training programs, to the extent that the cost of training is reasonably related to the amount of the contributions, and worker protection and assistance programs or committees established under the federal Labor Management Cooperation Act of 1978, to the extent that the activities of the programs or committees are directed to the monitoring and enforcement of laws related to public works. +This bill would instead require per diem wages to include industry advancement and collective bargaining agreements administrative fees if the payments are made pursuant to a collective bargaining agreement to which the employer is obligated. The bill would also exclude from per diem wages, if the payments are not made pursuant to a collective bargaining agreement to which the employer is obligated, employer payments for other purposes similar to certain apprenticeship or other training programs, worker protection and assistance programs or committees established under the federal Labor Management Cooperation Act of 1978, and industry advancement and collective bargaining agreements administrative fees, as specified. +Existing law provides that employer payments are credits against the obligation to pay the general prevailing rate of per diem wages. Credit is prohibited for benefits required to be provided by other state or federal law or for payments made to monitor and enforce laws related to public works if those payments are not made to a program or committee established under the federal Labor Management Cooperation Act of 1978. +This bill would also prohibit credit for payments for industry advancement and collective bargaining agreement administrative fees if those payments are not made pursuant to a collective bargaining agreement to which the employer is obligated.","An act to amend Section 1773.1 of Labor Code, relating to prevailing wage." +263,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1026 of the Penal Code is amended to read: +1026. +(a) If a defendant pleads not guilty by reason of insanity, and also joins with it another plea or pleas, the defendant shall first be tried as if only the other plea or pleas had been entered, and in that trial the defendant shall be conclusively presumed to have been sane at the time the offense is alleged to have been committed. If the jury finds the defendant guilty, or if the defendant pleads only not guilty by reason of insanity, the question whether the defendant was sane or insane at the time the offense was committed shall be promptly tried, either before the same jury or before a new jury in the discretion of the court. In that trial, the jury shall return a verdict either that the defendant was sane at the time the offense was committed or was insane at the time the offense was committed. If the verdict or finding is that the defendant was sane at the time the offense was committed, the court shall sentence the defendant as provided by law. If the verdict or finding is that the defendant was insane at the time the offense was committed, the court, unless it appears to the court that the sanity of the defendant has been recovered fully, shall direct that the defendant be committed to the State Department of State Hospitals for the care and treatment of the mentally disordered or any other appropriate public or private treatment facility approved by the community program director, or the court may order the defendant placed on outpatient status pursuant to Title 15 (commencing with Section 1600) of Part 2. +(b) Prior to making the order directing that the defendant be committed to the State Department of State Hospitals or other treatment facility or placed on outpatient status, the court shall order the community program director or a designee to evaluate the defendant and to submit to the court within 15 judicial days of the order a written recommendation as to whether the defendant should be placed on outpatient status or committed to the State Department of State Hospitals or other treatment facility. A person shall not be admitted to a state hospital or other treatment facility or placed on outpatient status under this section without having been evaluated by the community program director or a designee. If, however, it appears to the court that the sanity of the defendant has been recovered fully, the defendant shall be remanded to the custody of the sheriff until the issue of sanity has been finally determined in the manner prescribed by law. A defendant committed to a state hospital or other treatment facility or placed on outpatient status pursuant to Title 15 (commencing with Section 1600) of Part 2 shall not be released from confinement, parole, or outpatient status unless and until the court that committed the person, after notice and hearing, finds and determines that the person’s sanity has been restored, or meets the criteria for release pursuant to Section 4146 of the Welfare and Institutions Code. This section does not prohibit the transfer of the patient from one state hospital to any other state hospital by proper authority. This section does not prohibit the transfer of the patient to a hospital in another state in the manner provided in Section 4119 of the Welfare and Institutions Code. +(c) If the defendant is committed or transferred to the State Department of State Hospitals pursuant to this section, the court may, upon receiving the written recommendation of the medical director of the state hospital and the community program director that the defendant be transferred to a public or private treatment facility approved by the community program director, order the defendant transferred to that facility. If the defendant is committed or transferred to a public or private treatment facility approved by the community program director, the court may, upon receiving the written recommendation of the community program director, order the defendant transferred to the State Department of State Hospitals or to another public or private treatment facility approved by the community program director. If either the defendant or the prosecuting attorney chooses to contest either kind of order of transfer, a petition may be filed in the court requesting a hearing, which shall be held if the court determines that sufficient grounds exist. At that hearing, the prosecuting attorney or the defendant may present evidence bearing on the order of transfer. The court shall use the same procedures and standards of proof as used in conducting probation revocation hearings pursuant to Section 1203.2. +(d) Prior to making an order for transfer under this section, the court shall notify the defendant, the attorney of record for the defendant, the prosecuting attorney, and the community program director or a designee. +(e) When the court, after considering the placement recommendation of the community program director required in subdivision (b), orders that the defendant be committed to the State Department of State Hospitals or other public or private treatment facility, the court shall provide copies of the following documents prior to the admission of the defendant to the State Department of State Hospitals or other treatment facility where the defendant is to be committed: +(1) The commitment order, including a specification of the charges. +(2) A computation or statement setting forth the maximum term of commitment in accordance with Section 1026.5. +(3) A computation or statement setting forth the amount of credit for time served, if any, to be deducted from the maximum term of commitment. +(4) State summary criminal history information. +(5) Any arrest reports prepared by the police department or other law enforcement agency. +(6) Any court-ordered psychiatric examination or evaluation reports. +(7) The community program director’s placement recommendation report. +(8) Any medical records. +(f) If the defendant is confined in a state hospital or other treatment facility as an inpatient, the medical director of the facility shall, at six-month intervals, submit a report in writing to the court and the community program director of the county of commitment, or a designee, setting forth the status and progress of the defendant. The court shall transmit copies of these reports to the prosecutor and defense counsel. +(g) For purposes of this section and Sections 1026.1 to 1026.6, inclusive, “community program director” means the person, agency, or entity designated by the State Department of State Hospitals pursuant to Section 1605 of this code and Section 4360 of the Welfare and Institutions Code. +SEC. 2. +Section 1370.015 is added to the Penal Code, to read: +1370.015. +A person committed to the care of the State Department of State Hospitals because he or she is incompetent to stand trial or to be adjudged to punishment is eligible for compassionate release pursuant to Section 4146 of the Welfare and Institutions Code. In any case in which the criteria for compassionate release apply, the State Department of State Hospitals shall follow the procedures and standards in Section 4146 of the Welfare and Institutions Code to determine if the department should recommend to the court that the person’s commitment for treatment and the underlying criminal charges be suspended for compassionate release. +SEC. 3. +Section 2977 is added to the Penal Code, to read: +2977. +A person committed to the care of the State Department of State Hospitals because he or she is a mentally disordered offender, including a person who is found not guilty by reason of insanity, is eligible for compassionate release pursuant to Section 4146 of the Welfare and Institutions Code. In any case in which the criteria for compassionate release apply, the State Department of State Hospitals shall follow the procedures and standards in Section 4146 of the Welfare and Institutions Code to determine if the department should recommend to the court that the person’s commitment be suspended for compassionate release. This section applies to persons committed for treatment during parole and persons committed pursuant to Section 2970. If the person for whom compassionate release is recommended is on parole, notice shall be given to the Board of Parole Hearings. +SEC. 4. +Section 4146 is added to the Welfare and Institutions Code, to read: +4146. +(a) This section applies in cases in which a patient has been committed to the department as a mentally disordered offender, including a person found not guilty by reason of insanity, or a person found incompetent to stand trial or be adjudged to punishment. +(b) (1) A physician employed by the department who determines that a patient meets the criteria set forth in subparagraph (A) or (C) of paragraph (5) shall notify the medical director and the patient advocate of the prognosis. If the medical director concurs with the diagnosis, he or she shall immediately notify the Director of State Hospitals. Within 72 hours of receiving notification, the medical director or the medical director’s designee shall notify the patient of the discharge procedures under this section and obtain the patient’s consent for discharge. The medical director or the medical director’s designee shall arrange for the patient to designate a family member or other outside agent to be notified as to the patient’s medical condition, prognosis, and release procedures under this section. If the patient is unable to designate a family member or other outside agent, the medical director or the medical director’s designee shall contact any emergency contact listed, or the patient advocate if no contact is listed. +(2) The medical director or the medical director’s designee shall provide the patient and his or her family member, agent, emergency contact, or patient advocate with updated information throughout the release process with regard to the patient’s medical condition and the status of the patient’s release proceedings, including the discharge plan. A patient shall not be released unless the discharge plan verifies placement for the patient upon release. +(3) The patient or his or her family member or designee may contact the medical director or the executive director at the state hospital where the patient is located or the Director of State Hospitals to request consideration for a recommendation from the medical director or the medical director’s designee to the court that the patient’s commitment be suspended for compassionate release and the patient released from the department facility. +(4) Upon receipt of a notification or request pursuant to paragraph (1) or (3), respectively, the Director of State Hospitals may recommend to the court that the patient’s commitment be suspended for compassionate release and the patient released from the department facility. +(5) The court has the discretion to suspend the commitment for compassionate release and release the patient if the court finds that the facts described in subparagraphs (A) and (B) or subparagraphs (B) and (C) exist: +(A) The patient is terminally ill with an incurable condition caused by an illness or disease that would likely produce death within six months, as determined by a physician employed by the department. +(B) The conditions under which the patient would be released or receive treatment do not pose a threat to public safety. +(C) The patient is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform activities of basic daily living and results in the patient requiring 24-hour total care, including, but not limited to, coma, persistent vegetative state, brain death, ventilator-dependency, or loss of control of muscular or neurological function, the incapacitation did not exist at the time of the original commitment, and the medical director responsible for the patient’s care and the Director of State Hospitals both certify that the patient is incapable of receiving mental health treatment. +(c) Within 10 days of receipt of a recommendation for release by the director, the court shall hold a noticed hearing to consider whether the patient’s commitment should be suspended and the patient released. +(d) A recommendation for compassionate release submitted to the court shall include at least one medical evaluation, a discharge plan, a postrelease plan for the relocation and treatment of the patient, and the physician’s and medical director’s determination that the patient meets the criteria set forth in subparagraph (A) or (C) of paragraph (5) of subdivision (b). The court shall order the medical director to send copies of all medical records reviewed in developing the recommendation to all of the following parties: +(1) The district attorney of the county from which the patient was committed. +(2) If the patient is a mentally disordered offender on parole, the district attorney of the county from which the patient was committed to the state prison. +(3) The public defender of the county from which the patient was committed, or the patient’s private attorney, if one is available. +(4) If the patient is a mentally disordered offender on parole, the public defender of the county from which the patient was committed to the state prison, if one is available, or the patient’s private attorney, if applicable. +(5) If the patient is a mentally disordered offender on parole, the Board of Parole Hearings. +(6) If the patient is on mandatory supervision or postrelease community supervision and has been found incompetent to be adjudged to punishment, the county entity designated to supervise him or her. +(e) (1) The matter shall be heard before the same judge that originally committed the patient, if possible. +(2) If the patient is a mentally disordered offender on parole and was committed for treatment by the Board of Parole Hearings, the matter shall be heard by the court that committed the patient to the state prison for the underlying conviction, if possible. +(f) If the court approves the recommendation for compassionate release, the patient’s commitment shall be suspended and the patient shall be released by the department within 72 hours of receipt of the court’s order, unless a longer time period is requested by the director and approved by the court. +(g) The executive director of the state hospital or his or her designee shall ensure that upon release, the patient has each of the following in his or her possession, or the possession of the patient’s representative: +(1) A discharge plan. +(2) A discharge medical summary. +(3) Medical records. +(4) Identification. +(5) All necessary medications. +(6) Any property belonging to the patient. +(h) After discharge, any additional records shall be sent to the patient’s forwarding address. +(i) The Director of State Hospitals may adopt regulations to implement this section. The adoption of regulations for the implementation of this section by the department is exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). +(j) For the purposes of this section, a patient whose commitment has been suspended for compassionate release shall not be considered to be under the custody of, or the responsibility of, the State Department of State Hospitals. +(k) If a patient’s commitment order is suspended pursuant to this section, it may be reinstated by the court pursuant to a finding by the State Department of State Hospitals that the patient’s condition has changed such that he or she poses a threat to public safety, or no longer meets the criteria for compassionate release described in subparagraph (A) or (C) of paragraph (5) of subdivision (b). +(l) The State Department of State Hospitals, in consultation with relevant stakeholders, including, but not limited to, local law enforcement and correctional officials, shall promulgate regulations in accordance with subdivision (i) to establish a process for petitioning the court for reinstatement of a suspended commitment order, pursuant to subdivision (k).","Existing law requires, when a defendant pleads not guilty by reason of insanity, that a jury determine whether the defendant was sane or insane at the time the offense was committed. Under existing law, if a defendant is found to be not guilty by reason of insanity, the court is required to commit the person to a state hospital, or a public or private treatment facility, or place him or her on outpatient status, as specified. Existing law, subject to exceptions, authorizes the release of a prisoner from state prison if the court finds that the prisoner is terminally ill with an incurable condition caused by an illness or disease that would produce death within 6 months, as determined by a physician employed by the department, and that conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety. +This bill would establish similar compassionate release provisions for a defendant who has been committed to a state hospital because, among other reasons, the defendant is incompetent to stand trial or to be adjudged to punishment, or the defendant is a mentally disordered offender, including a person who has been found not guilty by reason of insanity. The bill would make additional conforming changes and would authorize the director to adopt emergency regulations to implement these provisions.","An act to amend Section 1026 of, and to add Sections 1370.015 and 2977 to, the Penal Code, and to add Section 4146 to the Welfare and Institutions Code, relating to criminal procedure." +264,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 6.3 (commencing with Section 21530) is added to Division 21 of the Elections Code, to read: +CHAPTER 6.3. County of Los Angeles Citizens Redistricting Commission +21530. +As used in this chapter, the following terms have the following meanings: +(a) “Board” means the Board of Supervisors of the County of Los Angeles. +(b) “Commission” means the Citizens Redistricting Commission in the County of Los Angeles established pursuant to Section 21532. +(c) “Immediate family member” means a spouse, child, in-law, parent, or sibling. +21531. +There is, in the County of Los Angeles, a Citizens Redistricting Commission. In the year following the year in which the decennial federal census is taken, the commission shall adjust the boundary lines of the supervisorial districts of the board in accordance with this chapter. +21532. +(a) The commission shall be created no later than December 31, 2020, and in each year ending in the number zero thereafter. +(b) The selection process is designed to produce a commission that is independent from the influence of the board and reasonably representative of the county’s diversity. +(c) The commission shall consist of 14 members. The political party preferences of the commission members, as shown on the members’ most recent affidavits of registration, shall be as proportional as possible to the total number of voters who are registered with each political party in the County of Los Angeles, as determined by registration at the most recent statewide election. However, the political party preferences of the commission members are not required to be exactly the same as the proportion of political party preferences among the registered voters of the county. At least one commission member shall reside in each of the five existing supervisorial districts of the board. +(d) Each commission member shall meet all of the following qualifications: +(1) Be a resident of the County of Los Angeles. +(2) Be a voter who has been continuously registered in the County of Los Angeles with the same political party or unaffiliated with a political party and who has not changed political party affiliation for five or more years immediately preceding the date of his or her appointment to the commission. +(3) Have voted in at least one of the last three statewide elections immediately preceding his or her application to be a member of the commission. +(4) Within the 10 years immediately preceding the date of application to the commission, neither the applicant, nor an immediate family member of the applicant, has done any of the following: +(A) Been appointed to, elected to, or have been a candidate for office at the local, state, or federal level representing the County of Los Angeles, including as a member of the board. +(B) Served as an employee of, or paid consultant for, an elected representative at the local, state, or federal level representing the County of Los Angeles. +(C) Served as an employee of, or paid consultant for, a candidate for office at the local, state, or federal level representing the County of Los Angeles. +(D) Served as an officer, employee, or paid consultant of a political party or as an appointed member of a political party central committee. +(E) Been a registered state or local lobbyist. +(5) Possess experience that demonstrates analytical skills relevant to the redistricting process and voting rights, and possess an ability to comprehend and apply the applicable state and federal legal requirements. +(6) Possess experience that demonstrates an ability to be impartial. +(7) Possess experience that demonstrates an appreciation for the diverse demographics and geography of the County of Los Angeles. +(e) An interested person meeting the qualifications specified in subdivision (d) may submit an application to the county elections official to be considered for membership on the commission. The county elections official shall review the applications and eliminate applicants who do not meet the specified qualifications. +(f) (1) From the pool of qualified applicants, the county elections official shall select 60 of the most qualified applicants, taking into account the requirements described in subdivision (c). The county elections official shall make public the names of the 60 most qualified applicants for at least 30 days. The county elections official shall not communicate with a member of the board, or an agent for a member of the board, about any matter related to the nomination process or applicants before the publication of the list of the 60 most qualified applicants. +(2) During the period described in paragraph (1), the county elections official may eliminate any of the previously selected applicants if the official becomes aware that the applicant does not meet the qualifications specified in subdivision (d). +(g) (1) After complying with the requirements of subdivision (f), the county elections official shall create a subpool for each of the five existing supervisorial districts of the board. +(2) (A) At a regularly scheduled meeting of the board, the Auditor-Controller of the County of Los Angeles shall conduct a random drawing to select one commissioner from each of the five subpools established by the county elections official. +(B) After completing the random drawing pursuant to subparagraph (A), at the same meeting of the board, the Auditor-Controller shall conduct a random drawing from all of the remaining applicants, without respect to subpools, to select three additional commissioners. +(h) (1) The eight selected commissioners shall review the remaining names in the subpools of applicants and shall appoint six additional applicants to the commission. +(2) The six appointees shall be chosen based on relevant experience, analytical skills, and ability to be impartial, and to ensure that the commission reflects the county’s diversity, including racial, ethnic, geographic, and gender diversity. However, formulas or specific ratios shall not be applied for this purpose. The eight commissioners shall also consider political party preference, selecting applicants so that the political party preference of the members of the commission complies with subdivision (c). +21533. +(a) A commission member shall apply this chapter in a manner that is impartial and that reinforces public confidence in the integrity of the redistricting process. +(b) The term of office of each member of the commission expires upon the appointment of the first member of the succeeding commission. +(c) Nine members of the commission shall constitute a quorum. Nine or more affirmative votes shall be required for any official action. +(d) (1) The commission shall not retain a consultant who would not be qualified as an applicant pursuant to paragraph (4) of subdivision (d) of Section 21532. +(2) For purposes of this subdivision, “consultant” means a person, whether or not compensated, retained to advise the commission or a commission member regarding any aspect of the redistricting process. +(e) Each commission member shall be a designated employee for purposes of the conflict of interest code adopted by the County of Los Angeles pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code. +21534. +(a) The commission shall establish single-member supervisorial districts for the board pursuant to a mapping process using the following criteria as set forth in the following order of priority: +(1) Districts shall comply with the United States Constitution and each district shall have a reasonably equal population with other districts for the board, except where deviation is required to comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or allowable by law. +(2) Districts shall comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). +(3) Districts shall be geographically contiguous. +(4) The geographic integrity of any city, local neighborhood, or local community of interest shall be respected in a manner that minimizes its division to the extent possible without violating the requirements of paragraphs (1) to (3), inclusive. A community of interest is a contiguous population that shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest shall not include relationships with political parties, incumbents, or political candidates. +(5) To the extent practicable, and where this does not conflict with paragraphs (1) to (4), inclusive, districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant areas of population. +(b) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Districts shall not be drawn for purposes of favoring or discriminating against an incumbent, political candidate, or political party. +(c) (1) The commission shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). +(2) Before the commission draws a map, the commission shall conduct at least seven public hearings, to take place over a period of no fewer than 30 days, with at least one public hearing held in each supervisorial district. +(3) After the commission draws a draft map, the commission shall do both of the following: +(A) Post the map for public comment on the Internet Web site of the County of Los Angeles. +(B) Conduct at least two public hearings to take place over a period of no fewer than 30 days. +(4) (A) The commission shall establish and make available to the public a calendar of all public hearings described in paragraphs (2) and (3). Hearings shall be scheduled at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible. +(B) Notwithstanding Section 54954.2 of the Government Code, the commission shall post the agenda for the public hearings described in paragraphs (2) and (3) at least seven days before the hearings. The agenda for a meeting required by paragraph (3) shall include a copy of the draft map. +(5) (A) The commission shall arrange for the live translation of a hearing held pursuant to this chapter in an applicable language if a request for translation is made at least 24 hours before the hearing. +(B) For purposes of this paragraph, an “applicable language” means a language for which the number of residents of the County of Los Angeles who are members of a language minority is greater than or equal to 3 percent of the total voting age residents of the county. +(6) The commission shall take steps to encourage county residents to participate in the redistricting public review process. These steps may include: +(A) Providing information through media, social media, and public service announcements. +(B) Coordinating with community organizations. +(C) Posting information on the Internet Web site of the County of Los Angeles that explains the redistricting process and includes a notice of each public hearing and the procedures for testifying during a hearing or submitting written testimony directly to the commission. +(7) The board shall take all steps necessary to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide to the public ready access to redistricting data and computer software equivalent to what is available to the commission members. +(8) The board shall provide for reasonable funding and staffing for the commission. +(9) All records of the commission relating to redistricting, and all data considered by the commission in drawing a draft map or the final map, are public records. +(d) (1) The commission shall adopt a redistricting plan adjusting the boundaries of the supervisorial districts and shall file the plan with the county elections official before August 15 of the year following the year in which each decennial federal census is taken. +(2) The plan shall be effective 30 days after it is filed with the county elections official. +(3) The plan shall be subject to referendum in the same manner as ordinances. +(4) The commission shall issue, with the final map, a report that explains the basis on which the commission made its decisions in achieving compliance with the criteria described in subdivisions (a) and (b). +21535. +A commission member shall be ineligible for a period of five years beginning from the date of appointment to hold elective public office at the federal, state, county, or city level in this state. A commission member shall be ineligible for a period of three years beginning from the date of appointment to hold appointive federal, state, or local public office, to serve as paid staff for, or as a paid consultant to, the Board of Equalization, the Congress, the Legislature, or any individual legislator, or to register as a federal, state or local lobbyist in this state. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the County of Los Angeles. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the board of supervisors of each county, following each decennial federal census, and using that census as a basis, to adjust the boundaries of any or all of the supervisorial districts of the county so that the districts are as nearly equal in population as possible and comply with applicable federal law, and specifies the procedures the board of supervisors must follow in adjusting those boundaries. Existing law establishes the Independent Redistricting Commission in the County of San Diego, which is charged with adjusting the supervisorial district boundaries for the county. +This bill would establish the Citizens Redistricting Commission in the County of Los Angeles, which would be charged with adjusting the boundary lines of the districts of the Board of Supervisors of the County of Los Angeles. The commission would consist of 14 members who meet specified qualifications. This bill would require the commission to adjust the boundaries of the supervisorial districts in accordance with specified criteria and adopt a redistricting plan, which would become effective 30 days following its submission to the county elections official. By increasing the duties on local officials, the bill would impose a state-mandated local program. +This bill would make legislative findings and declarations as to the necessity of a special statute for the unique circumstances facing the County of Los Angeles. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Chapter 6.3 (commencing with Section 21530) to Division 21 of the Elections Code, relating to elections." +265,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares the following: +(a) It is a matter of statewide concern that responsible competitive bidding at the University of California become more transparent than it is at present, in order that illegal and abusive employment practices by contractors can be prevented and, if not prevented, then brought to light and eliminated, with all victims of wage theft made whole for their employers’ violations. +(b) It is a matter of statewide concern that responsible competitive bidding at the University of California not undercut the wages and benefits provided by the University of California for comparable work, given that a significant percentage of University of California employees already are eligible for public benefits and any material decrease in the compensation of employees performing such work would result in materially increased General Fund costs for the provision of benefits. +(c) It is a matter of statewide concern that the University of California not repeat past instances in which public resources have been squandered via contracting out to for-profit private contractors that charge significant administrative overhead. +(d) In amending the Public Contract Code to promote responsible contracting at the University of California, it is important to delay the amendments’ effective date until January 1, 2018, in order to afford adequate preparatory time to the university and to contractors intending to bid on university contracts, as well as to lessen the cost of the amendments’ requirements by delaying their effect until after the university’s $15 per hour minimum wage for contracted employees is fully in effect. +SEC. 2. +Section 10507.6 is added to the Public Contract Code, to read: +10507.6. +(a) For the purposes of this article, to qualify as a lowest responsible bidder or best value awardee on any contract for building maintenance, cleaning or custodial services, call center services, dining and food services, gardening, grounds keeping and plant nursery services, laborer services, mail room services, parking, shuttle bus, or transportation services, security services, storekeeper services, truck driving services, patient care technical employee services, patient billing services, medical transcribing services, patient escort services, or nursing assistant services a bidder shall satisfy the requirements set forth in this section. +(b) (1) A bidder shall certify in writing to the University of California that the bid includes a total employee compensation package, including fringe benefits, that is valued on a per-employee basis at a level sufficient that it does not undercut by more than 5 percent the average per-employee value of total compensation, including fringe benefits, for employees of the University of California who perform comparable work at the relevant campus, medical center, or laboratory at which the bidder proposes to perform the work. +(2) The University of California shall implement this section by including in its request for proposals a calculation of the average per-employee value of total compensation, including fringe benefits, for employees of the University of California who perform comparable work at the relevant campus, medical center, or laboratory, and that calculation shall use all known cost escalators to project the future rate of growth of average per-employee total compensation costs. +(c) A bidder shall certify in writing to the University of California that, within the prior five years, the bidder has not been found liable for any violation of Section 484 of the Penal Code, Sections 200 through 558, inclusive, 1197.5, or 2810.5 of the Labor Code, or any wage order issued by the Industrial Welfare Commission, in any amount totaling more than twenty thousand dollars ($20,000) or 0.3 percent of the bidder’s most recent annual gross revenue, whichever is less. +(d) All records provided by a bidder or contractor to the university pursuant to this section shall be disclosed to any member of the public making a request to the university under Section 6253 of the Government Code, provided that (1) the university shall redact those portions of such records containing confidential information within the meaning of subdivision (c) of Section 6254 of the Government Code, and (2) the university, in responding to any request made during the course of a bid process that is not yet complete, shall delay until after the bid process is complete before disclosing any records containing materials submitted by a bidder. +(e) The requirements of this section shall not apply to employees covered by Section 1191.5 of the Labor Code or subdivision (c) of Section 214 of Title 29 of the United States Code. Any employees covered by Section 1191.5 of the Labor Code or subdivision (c) of Section 214 of Title 29 of the United States Code shall be omitted from any and all certifications and disclosures required by this article. +(f) This section does not apply to any work subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. +(g) This section shall become operative January 1, 2018. +SEC. 3. +Section 10507.7 of the Public Contract Code is amended to read: +10507.7. +(a) Except as provided for in this article, the Regents of the University of California shall let all contracts involving an expenditure of more than one hundred thousand dollars ($100,000) annually for goods and materials to be sold to the University of California to the lowest responsible bidder meeting specifications, or else reject all bids. Contracts for services to be performed, other than personal or professional services, involving an expenditure of one hundred thousand dollars ($100,000) or more annually shall be made or entered into with the lowest responsible bidder meeting specifications, or else all bids shall be rejected. If the regents deem it to be for the best interest of the university, the regents may, on the refusal or failure of the successful bidder for materials, goods, or services to execute a tendered contract, award it to the second lowest responsible bidder meeting specifications. If the second lowest responsible bidder fails or refuses to execute the contract, the regents may likewise award it to the third lowest responsible bidder meeting specifications. +(b) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before, deletes or extends that date. +SEC. 4. +Section 10507.7 is added to the Public Contract Code, to read: +10507.7. +(a) Except as provided for in this article, the Regents of the University of California shall let all contracts involving an expenditure of more than one hundred thousand dollars ($100,000) annually for goods and materials to be sold to the University of California to the lowest responsible bidder meeting specifications, or else reject all bids. Contracts for services to be performed, other than personal or professional services, involving an expenditure of one hundred thousand dollars ($100,000) or more annually shall be made or entered into with the lowest responsible bidder meeting specifications, or else all bids shall be rejected. If the regents deem it to be for the best interest of the university, the regents may, on the refusal or failure of the successful bidder for materials, goods, or services to execute a tendered contract, award it to the second lowest responsible bidder meeting specifications. If the second lowest responsible bidder fails or refuses to execute the contract, the regents may likewise award it to the third lowest responsible bidder meeting specifications. +(b) For the purposes of this section, contracts for services involving an expenditure of one hundred thousand dollars ($100,000) or more annually shall include any renewal or extension of an existing contract if the renewal or extension involves an expenditure of one hundred thousand dollars ($100,000) or more annually. +(c) This section shall become operative on January 1, 2018.","Existing provisions of the California Constitution provide that the University of California constitutes a public trust and require the university to be administered by the Regents of the University of California (regents), a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including any competitive bidding procedures as may be applicable to the university by statute for the letting of construction contracts, sales of real property, and purchasing of materials, goods, and services. Existing law requires the regents, except as provided, to let all contracts involving an expenditure of $100,000 or more annually for goods and materials or services, excepting personal or professional services, to the lowest responsible bidder meeting certain specifications, or to reject all bids. Existing law, until January 1, 2018, also authorizes the bid evaluation and selection for these contracts to be determined by the best value, as defined. +This bill, beginning January 1, 2018, would require a bidder, to qualify as a lowest responsible bidder or best value awardee on contracts for specified services, among other requirements, to certify in writing to the University of California (UC) that the bid includes a total employee compensation package that is valued on a per-employee basis at a level sufficient that it does not materially undercut the average per-employee value of total compensation for UC employees who perform comparable work at the relevant campus, medical center, or laboratory at which the bidder proposes to perform the work. The bill would require the UC to include in its request for proposals a calculation of the average per-employee value of total compensation for UC employees who perform comparable work at the relevant location, as prescribed. The bill would, for these purposes, require contracts for services involving an expenditure of $100,000 or more annually to include any renewals or extensions of the contract that would result in an expenditure of $100,000 or more annually. +This bill would exclude specified employees and public works from these provisions.","An act to amend, repeal, and add Section 10507.7 of, and to add Section 10507.6 to, the Public Contract Code, relating to public contracts." +266,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14132.725 of the Welfare and Institutions Code is amended to read: +14132.725. +(a) To the extent that federal financial participation is available, face-to-face contact between a health care provider and a patient is not required under the Medi-Cal program for teleophthalmology, teledermatology, and teledentistry, and reproductive health care provided by store and forward. Services appropriately provided through the store and forward process are subject to billing and reimbursement policies developed by the department. A Medi-Cal managed care plan that contracts with the department pursuant to this chapter and Chapter 8 (commencing with Section 14200) shall be required to cover +the services described in this section. +reproductive health care provided by store and forward. +(b) For purposes of this section, “teleophthalmology, teledermatology, and teledentistry, and reproductive health care provided by store and forward” means an asynchronous transmission of medical or dental information to be reviewed at a later time by a physician at a distant site who is trained in ophthalmology or dermatology or, for teleophthalmology, by an optometrist who is licensed pursuant to Chapter 7 (commencing with Section 3000) of Division 2 of the Business and Professions Code, or a dentist, or, for reproductive health care, by a physician, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse operating within his or her scope of practice, where the physician, optometrist, dentist, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse at the distant site reviews the medical or dental information without the patient being present in real time. A patient receiving teleophthalmology, teledermatology, teledentistry, or reproductive health care by store and forward shall be notified of the right to receive interactive communication with the distant specialist physician, optometrist, dentist, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse and shall receive an interactive communication with the distant specialist physician, optometrist, dentist, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse upon request. If requested, communication with the distant specialist physician, optometrist, dentist, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse may occur either at the time of the consultation, or within 30 days of the patient’s notification of the results of the consultation. If the reviewing optometrist identifies a disease or condition requiring consultation or referral pursuant to Section 3041 of the Business and Professions Code, that consultation or referral shall be with an ophthalmologist or other appropriate physician and surgeon, as required. +(c) (1) To the extent that federal financial participation is available and any necessary federal approvals have been obtained, telephonic and electronic patient management services provided by a physician, or a nonphysician health care provider acting within his or her scope of licensure is a benefit under the Medi-Cal program, both in fee-for-service and managed care delivery systems delivered by Medi-Cal managed care plans that contract with the department pursuant to this chapter and Chapter 8 (commencing with Section 14200). Reimbursement for telephonic and electronic patient management services shall be based on the complexity of and time expended in rendering those services. +(2) This subdivision shall not be construed to authorize a Medi-Cal managed care plan to require the use of telephonic and electronic patient management services when the physician or nonphysician health care provider has determined that those services are not medically necessary. +(3) This subdivision shall not be construed to alter the scope of practice of a health care provider or authorize the delivery of health care services in a setting or in a manner +than +that +is not otherwise authorized by law. +(4) All laws regarding the confidentiality of health information and a patient’s right of access to his or her medical information shall apply to telephonic and electronic patient management services. +(5) This subdivision shall not apply to a patient in the custody of the Department of Corrections and Rehabilitation or any other correctional facility. +(d) Notwithstanding paragraph (1) of subdivision (b), separate reimbursement of a physician or a nonphysician health care provider shall not be required for any of the following: +(1) A telephonic or electronic visit that is related to a service or procedure provided to an established patient within a reasonable period of time prior to the telephonic or electronic visit, as recognized by the Current Procedural Terminology codes published by the American Medical Association. +(2) A telephonic or electronic visit that leads to a related service or procedure provided to an established patient within a reasonable period of time, or within an applicable postoperative period, as recognized by the Current Procedural Terminology codes published by the American Medical Association. +(3) A telephonic or electronic visit provided as part of a bundle of services for which reimbursement is provided for on a prepaid basis, including capitation, or which reimbursement is provided for using an episode-based payment methodology. +(4) A telephonic or electronic visit that is not initiated by an established patient, by the parents or guardians of a minor who is an established patient, or by a person legally authorized to make health care decisions on behalf of an established patient. +(e) Nothing in this section shall be construed to prohibit a Medi-Cal managed care plan from requiring documentation reasonably relevant to a telephonic or electronic visit, as recognized by the Current Procedural Terminology codes published by the American Medical Association. +(f) For purposes of this section, the following definitions apply: +(1) “Established patient” means a patient who, within three years immediately preceding the telephonic or electronic visit, has received professional services from the provider or another provider of the same specialty or subspecialty who belongs to the same group practice. +(2) “Nonphysician health care provider” means a provider, other than a physician, who is licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code. +(3) “Reproductive health care” means the general reproductive health care services described in paragraph (8) of subdivision (aa) of Section 14132. +(4) “Telephonic and electronic patient management service” means the use of electronic communication tools to enable treating physicians and nonphysician health care providers to evaluate and manage established patients in a manner that meets all of the following criteria: +(A) The service does not require an in-person visit with the physician or nonphysician health care provider. +(B) The service is initiated by the established patient, the parents or guardians of a minor who is an established patient, or a person legally authorized to make health care decisions on behalf of an established patient. “Initiated by an established patient” does not include a visit for which a provider or a person employed by a provider contacts a patient to initiate a service. +(C) The service is recognized by the Current Procedural Terminology codes published by the American Medical Association. +(g) The department may seek approval of any state plan amendments necessary to implement this section. +(h) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, and make specific this section by means of all-county letters, provider bulletins, and similar instructions.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, as specified. The Medi-Cal program is, in part, governed and funded by federal Medicaid +Program +program +provisions. Existing law provides that, to the extent that federal financial participation is available, face-to-face contact between a health care provider and a patient is not required under the Medi-Cal program for “teleophthalmology, +teledermatology +teledermatology, +and teledentistry by store and forward,” as defined to mean the asynchronous transmission of medical information to be reviewed at a later time by a licensed physician or optometrist, as specified, at a distant site. +This bill would enact similar provisions relating to the use of reproductive health care under the Medi-Cal program. The bill would provide that, to the extent that federal financial participation is available, face-to-face contact between a health care provider and a patient shall not be required under the Medi-Cal program for “reproductive health care provided by store and forward.” The bill would define that term to mean an asynchronous transmission of medical information to be reviewed at a later time by a physician, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse at a distant site, where the provider at the distant site reviews the dental information without the patient being present in real time, as defined and as specified. +The bill would require Medi-Cal managed care plans that contract with the department to cover reproductive health care provided by store and forward. +This bill would also provide that, to the extent federal financial participation is available and any necessary federal approvals are obtained, telephonic and electronic patient management services, as defined, provided by a physician or nonphysician health care provider acting within his or her scope of licensure shall be a benefit under the Medi-Cal program in fee-for-service and managed care delivery systems, as specified. The bill would authorize the department to seek approval of any state plan amendments necessary to implement these provisions.","An act to amend Section 14132.725 of the Welfare and Institutions Code, relating to Medi-Cal." +267,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 712.5 is added to the Public Utilities Code, to read: +712.5. +(a) (1) The commission shall cause an assessment to be completed by no later than July 1, 2018, of the adverse and beneficial economic impacts, and the net economic effects, for the County of San Luis Obispo and the surrounding regions, that could occur if the Diablo Canyon Units 1 and 2 powerplant were to temporarily or permanently shut down before the powerplant’s current operating licenses from the Nuclear Regulatory Commission expire or when the Pacific Gas and Electric Company closes the powerplant upon the expiration of its current licenses. The assessment shall include a review, as described in paragraph (4) of subdivision (b), of potential actions for the state and local jurisdictions to consider in order to mitigate the adverse economic impact of a shutdown. +(2) The assessment shall be conducted by an independent third party, selected in accordance with paragraph (1) of subdivision (c). +(b) The assessment shall consist of, but not be limited to, all of the following: +(1) Estimates of any changes in local tax revenues, changes in workforce populations, changes in indirect or induced economies, and potential impacts to ratepayers from a shutdown. +(2) A review of the economic impacts that affected the region surrounding the San Onofre Nuclear Generating Station after it was decommissioned by the Southern California Edison Company and of the relevant decommissioning plans of the San Onofre Nuclear Generating Station. +(3) A review of regions in the United States similar to the County of San Luis Obispo and the surrounding regions that have experienced the decommissioning of a nuclear powerplant and of the resulting economic impacts of the decommissioning on those regions. +(4) Identification of any contingency plans that could mitigate the adverse economic impact of a shutdown to state and local jurisdictions, the local workforce, and entities receiving enhanced tax revenue. +(c) (1) The commission shall issue a request for proposal for the independent third party that will ensure that the selected party is able to make an independent review and analysis of the data described in subdivision (b). +(2) The independent third party shall consult with the Board of Supervisors of the County of San Luis Obispo, the governing board of the San Luis Coastal Unified School District, the Center for Labor Research and Education at the University of California at Berkeley, the regional economic development group of the County of San Luis Obispo, and other relevant governmental entities or community-based organizations to assist in an accurate assessment of the economic and workforce impacts of a shutdown. +(d) The commission shall make the assessment publicly available on its Internet Web site, distribute copies to relevant state and local jurisdictions, and convene a public forum in the County of San Luis Obispo on the findings and recommendations of the assessment. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because, currently, the Diablo Canyon Units 1 and 2 powerplant, owned and operated by the Pacific Gas and Electric Company, is the last operating nuclear powerplant in California, and, on June 21, 2016, the Pacific Gas and Electric Company announced that it would not renew its licenses for Diablo Canyon Units 1 and 2, which are set to expire in 2024 and 2025, respectively. In addition, a joint proposal governing the closure of the Diablo Canyon Units 1 and 2, which included an orderly replacement of electricity from generating resources that do not emit greenhouse gases and an employee retention severance program, was signed by interested parties. Local communities were ill-prepared and given no notice after the sudden closure of the San Onofre Nuclear Generating Station was announced on June 7, 2013, and the state is still responding, at significant cost, to the sudden, permanent, and unexpected loss of baseline electricity. Therefore, an assessment is needed on the economic impact specific to a shutdown of the Diablo Canyon Units 1 and 2 powerplant to provide the state, and local communities, with valuable and necessary information to plan and prepare for that circumstance. The findings and recommendations made are not intended to interfere with or invalidate the joint proposal and can be used by local communities and parties to the joint proposal to provide further information and recommendations to minimize the local economic and other impacts that the planned closure may cause. +SEC. 3. +The Public Utilities Commission shall approve the withdrawal of four hundred thousand dollars ($400,000) from the nuclear decommissioning trust funds established by Pacific Gas and Electric Company pursuant to the Nuclear Facility Decommissioning Act of 1985 (Chapter 2 (commencing with Section 8321) of Division 4.1 of the Public Utilities Code) for the Diablo Canyon Units 1 and 2 powerplant. The commission shall use the moneys for additional staffing to urgently effectuate the third-party assessment pursuant to Section 712.5 of the Public Utilities Code. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +The Pacific Gas and Electric Company announced on June 21, 2016, that it would not renew its licenses for Diablo Canyon Units 1 and 2 and it is necessary for the Public Utilities Commission to immediately start the process of selecting an independent third party to conduct an economic assessment and to provide the independent third party with as much time as possible to conduct a thorough assessment.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The Diablo Canyon nuclear powerplant, composed of reactor Units 1 and 2, is operated by the Pacific Gas and Electric Company in the County of San Luis Obispo. Existing law requires the commission to convene, or continue, until August 26, 2025, an independent peer review panel to conduct an independent review of enhanced seismic studies and surveys of the Diablo Canyon Units 1 and 2 powerplant, including the surrounding areas of the facility and areas of nuclear waste storage. The Nuclear Facility Decommissioning Act of 1985 requires each electrical corporation owning or operating nuclear facilities to establish an externally managed, segregated fund for payment of decommissioning costs of those facilities, establishes requirements for collection of moneys for decommisioning costs in the utility’s rates and charges, and requires that the expenses associated with decommissioning of nuclear facilities be paid from those funds. Pursuant to the act, the commission ordered 2 nuclear decommissioning funds be established for the Diablo Canyon Units 1 and 2 powerplant. +This bill would require the commission to cause an assessment to be completed by no later than July 1, 2018, conducted by an independent 3rd party, selected as specified, of the adverse and beneficial economic impacts, and net economic effects, that could occur, and of potential ways for the state and local jurisdictions to mitigate the adverse economic impact, if the Diablo Canyon Units 1 and 2 powerplant were to temporarily or permanently shut down before the powerplant’s current operating licenses expire or when the Pacific Gas and Electric Company closes the powerplant upon the expiration of its current licenses. The bill would require the commission to approve the withdrawal of $400,000 from the nuclear decommissioning funds established for the Diablo Canyon Units 1 and 2 powerplant for use by the commission for additional staffing to urgently effectuate the 3rd-party assessment. +This bill would make legislative findings and declarations as to the necessity of a special statute for the Pacific Gas and Electric Company. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Section 712.5 to the Public Utilities Code, relating to electricity, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately." +268,"The people of the State of California do enact as follows: + + +SECTION 1. +The heading of Article 14 (commencing with Section 111222) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code is amended to read: +Article 14. Asian Rice Noodles, Korean Rice Cakes, and Vietnamese Rice Cakes +SEC. 2. +Section 111222 of the Health and Safety Code is amended to read: +111222. +For purposes of this article the following definitions shall apply: +(a) “Asian rice-based noodle” is defined as a rice-based pasta that contains rice powder, water, wheat starch, vegetable cooking oil, and optional ingredients to modify the pH or water activity, or to provide a preservative effect. The ingredients shall not include any animal fats or any other products derived from animals. An Asian rice-based noodle is prepared by using a traditional method that includes cooking by steaming at not less than 130 degrees Fahrenheit, for not less than four minutes. +(b) “Korean rice cake” is defined as a confection that contains rice powder, salt, sugar, various edible seeds, oil, dried beans, nuts, dried fruits, and dried pumpkin. The ingredients may not include any animal fats or any other products derived from animals. A Korean rice cake is prepared by using a traditional Korean method that includes cooking by steaming at not less than 275 degrees Fahrenheit, for not less than five minutes, nor more than 15 minutes. +(c) “Vietnamese rice cake,” also known as Bánh Tét or Bánh Chưng, is defined as a confection that contains a combination of rice, beans, and meat or fruit wrapped tightly in banana leaves for cooking. Bánh Tét is a rice cake in a cylindrical shape, and Bánh Chưng is a rice cake in a square shape. A Vietnamese rice cake is prepared using a traditional Vietnamese method that includes cooking by boiling in water for not less than 10 hours. Vietnamese rice cakes are required to be handled, prepared, and stored under sanitary conditions both when they are kept at no more than 70 degrees Fahrenheit upon completion of cooking and after the rice cakes have been cooled to below 70 degrees Fahrenheit. Any Vietnamese rice cakes that are unwrapped from the banana leaves after cooking shall be refrigerated. +SEC. 3. +Section 111223 of the Health and Safety Code is amended to read: +111223. +(a) (1) All manufacturers of Asian rice-based noodles shall place a label on the packaging of Asian rice-based noodles that indicates the date and time that the product first came out of hot holding at temperatures above 135 degrees Fahrenheit and includes a statement that the Asian rice-based noodles are perishable. +(2) The product packaging shall only be labeled once. +(3) Notwithstanding paragraphs (1) and (2), this section shall not apply to Asian rice-based noodles that have a pH of 4.6 or below, have a water activity of 0.85 or below, or have been determined by the department to be nonpotentially hazardous foods based on formulation and supporting laboratory documentation submitted to the department by the manufacturer. +(b) All manufacturers of Korean rice cakes shall place a label issued by the Korean Rice Cake Association Corporation on the Korean rice cake that indicates the date of manufacture. The Korean rice cakes label shall include a statement that the rice cake must be consumed within one day of manufacture. +(c) (1) All manufacturers of Vietnamese rice cakes shall place a label, designed by the Vietnamese Rice Cake Association, Inc., on the Vietnamese rice cake that indicates the date and time the cooking process was completed. The Vietnamese rice cakes label shall include a statement that the rice cake must be consumed within 24 hours of the date and time printed on the label. +(2) Notwithstanding paragraph (1), this section does not apply to Vietnamese rice cakes that have been determined by the department to be nonpotentially hazardous foods based on formulation and supporting laboratory documentation submitted to the department by the manufacturer. +SEC. 4. +Section 114429.3 is added to the Health and Safety Code, to read: +114429.3. +(a) Notwithstanding Sections 113996 and 114343 and if permitted by federal law, a food facility may sell Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit for no more than 24 hours. +(b) Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit but have been stored for more than 24 hours shall be destroyed in a manner approved by the enforcement agency. +(c) All Vietnamese rice cakes shall bear a label meeting the requirements of Section 111223. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Sherman Food, Drug, and Cosmetic Law, requires all manufacturers of Korean rice cakes, as defined, to place a label issued by the Korean Rice Cake Association Corporation on the Korean rice cake that indicates the date of manufacture, and requires the label to include a statement that the rice cake must be consumed within one day of manufacture. A violation of these provisions is a crime. +This bill would require, except as provided, a manufacturer of Vietnamese rice cakes, as defined, to place a label, designed by the Vietnamese Rice Cake Association, Inc., on the Vietnamese rice cake that indicates the date and time the cooking process was completed, and would require the label to include a statement that the rice cake must be consumed within 24 hours of the date and time printed on the label. By creating a new crime, this bill would impose a state-mandated local program. +Existing law, the California Retail Food Code, provides for the regulation of health and sanitation standards for food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. A violation of these provisions is a crime. Existing law authorizes a food facility to sell Korean rice cakes, as defined, that have been at room temperature for no more than 24 hours, and requires, at the end of the operating day, Korean rice cakes that have been at room temperature for no more than 24 hours to be destroyed in a manner approved by the enforcement agency. +This bill would also authorize a food facility to sell Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit for no more than 24 hours and would require Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit but have been stored for more than 24 hours to be destroyed in a manner approved by the enforcement agency. By imposing new enforcement requirements on local health agencies, and by creating a new crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to amend Sections 111222 and 111223 of, to amend the heading of Article 14 (commencing with Section 111222) of Chapter 5 of Part 5 of Division 104 of, and to add Section 114429.3 to, the Health and Safety Code, relating to food." +269,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the First Validating Act of 2016. +SEC. 2. +As used in this act: +(a) “Public body” means all of the following: +(1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” also means all cities, counties, cities and counties, districts, authorities, agencies, boards, commissions, and other entities, whether created by a general statute or a special act, including, but not limited to, the following: +Agencies, boards, commissions, or entities constituted or provided for under or pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). +Air pollution control districts of any kind. +Air quality management districts. +Airport districts. +Assessment districts, benefit assessment districts, and special assessment districts of any public body. +Bridge and highway districts. +California water districts. +Citrus pest control districts. +City maintenance districts. +Community college districts. +Community development commissions in their capacity to act as a housing authority for other community development purposes of the jurisdiction in which the commission operates, except for any action taken with respect to the commission’s authority to act as a community redevelopment agency. +Community facilities districts. +Community rehabilitation districts. +Community revitalization and investment authorities. +Community services districts. +Conservancy districts. +Cotton pest abatement districts. +County boards of education. +County drainage districts. +County flood control and water districts. +County free library systems. +County maintenance districts. +County sanitation districts. +County service areas. +County transportation commissions. +County water agencies. +County water authorities. +County water districts. +County waterworks districts. +Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. +Distribution districts of any public body. +Drainage districts. +Enhanced infrastructure financing districts. +Fire protection districts. +Flood control and water conservation districts. +Flood control districts. +Garbage and refuse disposal districts. +Garbage disposal districts. +Geologic hazard abatement districts. +Harbor districts. +Harbor improvement districts. +Harbor, recreation, and conservation districts. +Health care authorities. +Highway districts. +Highway interchange districts. +Highway lighting districts. +Housing authorities. +Improvement districts or improvement areas of any public body. +Industrial development authorities. +Infrastructure financing districts. +Integrated financing districts. +Irrigation districts. +Joint highway districts. +Levee districts. +Library districts. +Library districts in unincorporated towns and villages. +Local agency formation commissions. +Local health care districts. +Local health districts. +Local hospital districts. +Local transportation authorities or commissions. +Maintenance districts. +Memorial districts. +Metropolitan transportation commissions. +Metropolitan water districts. +Mosquito abatement and vector control districts. +Multifamily improvement districts. +Municipal improvement districts. +Municipal utility districts. +Municipal water districts. +Nonprofit corporations. +Nonprofit public benefit corporations. +Open-space maintenance districts. +Parking and business improvement areas. +Parking authorities. +Parking districts. +Permanent road divisions. +Pest abatement districts. +Police protection districts. +Port districts. +Property and business improvement areas. +Protection districts. +Public cemetery districts. +Public utility districts. +Rapid transit districts. +Reclamation districts. +Recreation and park districts. +Regional justice facility financing agencies. +Regional park and open-space districts. +Regional planning districts. +Regional transportation commissions. +Resort improvement districts. +Resource conservation districts. +River port districts. +Road maintenance districts. +Sanitary districts. +School districts of any kind or class. +School facilities improvement districts. +Separation of grade districts. +Service authorities for freeway emergencies. +Sewer districts. +Sewer maintenance districts. +Small craft harbor districts. +Special municipal tax districts. +Stone and pome fruit pest control districts. +Storm drain maintenance districts. +Storm drainage districts. +Storm drainage maintenance districts. +Storm water districts. +Toll tunnel authorities. +Traffic authorities. +Transit development boards. +Transit districts. +Unified and union school districts’ public libraries. +Vehicle parking districts. +Water agencies. +Water authorities. +Water conservation districts. +Water districts. +Water replenishment districts. +Water storage districts. +Watermaster districts. +Wine grape pest and disease control districts. +Zones, improvement zones, or service zones of any public body. +(2) Notwithstanding paragraph (1), a “public body” does not include any of the following: +(A) A community redevelopment agency formed pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). +(B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. +(C) A joint powers authority that includes a community redevelopment agency or a community development commission as a member, with respect to its exercise of the powers of a community redevelopment agency. +(3) “Public body” includes both of the following: +(A) The successor agency to the Redevelopment Agency of the City and County of San Francisco, solely for the purpose of issuing bonds or incurring other indebtedness pursuant to the provisions of Section 34177.7 of the Health and Safety Code. +(B) A successor agency, as defined in subdivision (j) of Section 34171 of the Health and Safety Code, solely for the purpose of issuing bonds or incurring other indebtedness pursuant to the provisions of Section 34177.5 of the Health and Safety Code. +(b) “Bonds” means all instruments evidencing an indebtedness of a public body incurred or to be incurred for any public purpose, all leases, installment purchase agreements, or similar agreements wherein the obligor is one or more public bodies, all instruments evidencing the borrowing of money in anticipation of taxes, revenues, or other income of that body, all instruments payable from revenues or special funds of those public bodies, all certificates of participation evidencing interests in the leases, installment purchase agreements, or similar agreements, and all instruments funding, refunding, replacing, or amending any thereof or any indebtedness. +(c) “Hereafter” means any time subsequent to the effective date of this act. +(d) “Heretofore” means any time prior to the effective date of this act. +(e) “Now” means the effective date of this act. +SEC. 3. +All public bodies heretofore organized or existing under any law, or under color of any law, are hereby declared to have been legally organized and to be legally functioning as those public bodies. Every public body, heretofore described, shall have all the rights, powers, and privileges, and be subject to all the duties and obligations, of those public bodies regularly formed pursuant to law. +SEC. 4. +The boundaries of every public body as heretofore established, defined, or recorded, or as heretofore actually shown on maps or plats used by the assessor, are hereby confirmed, validated, and declared legally established. +SEC. 5. +All acts and proceedings heretofore taken by any public body or bodies under any law, or under color of any law, for the annexation or inclusion of territory into those public bodies or for the annexation of those public bodies to any other public body or for the detachment, withdrawal, or exclusion of territory from any public body or for the consolidation, merger, or dissolution of any public bodies are hereby confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of any public body and of any person, public officer, board, or agency heretofore done or taken upon the question of the annexation or inclusion or of the withdrawal or exclusion of territory or the consolidation, merger, or dissolution of those public bodies. +SEC. 6. +(a) All acts and proceedings heretofore taken by or on behalf of any public body under any law, or under color of any law, for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds of any public body for any public purpose are hereby authorized, confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of public bodies and of any person, public officer, board, or agency heretofore done or taken upon the question of the authorization, issuance, sale, execution, delivery, or exchange of bonds. +(b) All bonds of, or relating to, any public body heretofore issued shall be, in the form and manner issued and delivered, the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore awarded and sold to a purchaser and hereafter issued and delivered in accordance with the contract of sale and other proceedings for the award and sale shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued by ordinance, resolution, order, or other action adopted or taken by or on behalf of the public body and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued at an election and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. Whenever an election has heretofore been called for the purpose of submitting to the voters of any public body the question of issuing bonds for any public purpose, those bonds, if hereafter authorized by the required vote and in accordance with the proceedings heretofore taken, and issued and delivered in accordance with that authorization, shall be the legal, valid, and binding obligations of the public body. +SEC. 7. +(a) This act shall operate to supply legislative authorization as may be necessary to authorize, confirm, and validate any acts and proceedings heretofore taken pursuant to authority the Legislature could have supplied or provided for in the law under which those acts or proceedings were taken. +(b) This act shall be limited to the validation of acts and proceedings to the extent that the same can be effectuated under the California Constitution and the United States Constitution. +(c) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter being legally contested or inquired into in any legal proceeding now pending and undetermined or that is pending and undetermined during the period of 30 days from and after the effective date of this act. +(d) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter that has heretofore been determined in any legal proceeding to be illegal, void, or ineffective. +(e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. +SEC. 8. +Any action or proceeding contesting the validity of any action or proceeding heretofore taken under any law, or under color of any law, for the formation, organization, or incorporation of any public body, or for any annexation thereto, detachment or exclusion therefrom, or other change of boundaries thereof, or for the consolidation, merger, or dissolution of any public bodies, or for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds thereof upon any ground involving any alleged defect or illegality not effectively validated by the prior provisions of this act and not otherwise barred by any statute of limitations or by laches shall be commenced within six months of the effective date of this act, otherwise each and all of those matters shall be held to be valid and in every respect legal and incontestable. This act shall not extend the period allowed for legal action beyond the period that it would be barred by any presently existing valid statute of limitations. +SEC. 9. +Nothing contained in this act shall be construed to render the creation of any public body, or any change in the boundaries of any public body, effective for purposes of assessment or taxation unless the statement, together with the map or plat, required to be filed pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, is filed within the time and substantially in the manner required by those sections. +SEC. 10. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to validate the organization, boundaries, acts, proceedings, and bonds of public bodies as soon as possible, it is necessary that this act take immediate effect.","This bill would enact the First Validating Act of 2016, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to validate the organization, boundaries, acts, proceedings, and bonds of public bodies, and to provide limitations of time in which actions may be commenced, and declaring the urgency thereof, to take effect immediately." +270,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the Second Validating Act of 2016. +SEC. 2. +As used in this act: +(a) “Public body” means all of the following: +(1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” also means all cities, counties, cities and counties, districts, authorities, agencies, boards, commissions, and other entities, whether created by a general statute or a special act, including, but not limited to, the following: +Agencies, boards, commissions, or entities constituted or provided for under or pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). +Air pollution control districts of any kind. +Air quality management districts. +Airport districts. +Assessment districts, benefit assessment districts, and special assessment districts of any public body. +Bridge and highway districts. +California water districts. +Citrus pest control districts. +City maintenance districts. +Community college districts. +Community development commissions in their capacity to act as a housing authority for other community development purposes of the jurisdiction in which the commission operates, except for any action taken with respect to the commission’s authority to act as a community redevelopment agency. +Community facilities districts. +Community rehabilitation districts. +Community revitalization and investment authorities. +Community services districts. +Conservancy districts. +Cotton pest abatement districts. +County boards of education. +County drainage districts. +County flood control and water districts. +County free library systems. +County maintenance districts. +County sanitation districts. +County service areas. +County transportation commissions. +County water agencies. +County water authorities. +County water districts. +County waterworks districts. +Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. +Distribution districts of any public body. +Drainage districts. +Enhanced infrastructure financing districts. +Fire protection districts. +Flood control and water conservation districts. +Flood control districts. +Garbage and refuse disposal districts. +Garbage disposal districts. +Geologic hazard abatement districts. +Harbor districts. +Harbor improvement districts. +Harbor, recreation, and conservation districts. +Health care authorities. +Highway districts. +Highway interchange districts. +Highway lighting districts. +Housing authorities. +Improvement districts or improvement areas of any public body. +Industrial development authorities. +Infrastructure financing districts. +Integrated financing districts. +Irrigation districts. +Joint highway districts. +Levee districts. +Library districts. +Library districts in unincorporated towns and villages. +Local agency formation commissions. +Local health care districts. +Local health districts. +Local hospital districts. +Local transportation authorities or commissions. +Maintenance districts. +Memorial districts. +Metropolitan transportation commissions. +Metropolitan water districts. +Mosquito abatement and vector control districts. +Multifamily improvement districts. +Municipal improvement districts. +Municipal utility districts. +Municipal water districts. +Nonprofit corporations. +Nonprofit public benefit corporations. +Open-space maintenance districts. +Parking and business improvement areas. +Parking authorities. +Parking districts. +Permanent road divisions. +Pest abatement districts. +Police protection districts. +Port districts. +Property and business improvement areas. +Protection districts. +Public cemetery districts. +Public utility districts. +Rapid transit districts. +Reclamation districts. +Recreation and park districts. +Regional justice facility financing agencies. +Regional park and open-space districts. +Regional planning districts. +Regional transportation commissions. +Resort improvement districts. +Resource conservation districts. +River port districts. +Road maintenance districts. +Sanitary districts. +School districts of any kind or class. +School facilities improvement districts. +Separation of grade districts. +Service authorities for freeway emergencies. +Sewer districts. +Sewer maintenance districts. +Small craft harbor districts. +Special municipal tax districts. +Stone and pome fruit pest control districts. +Storm drain maintenance districts. +Storm drainage districts. +Storm drainage maintenance districts. +Storm water districts. +Toll tunnel authorities. +Traffic authorities. +Transit development boards. +Transit districts. +Unified and union school districts’ public libraries. +Vehicle parking districts. +Water agencies. +Water authorities. +Water conservation districts. +Water districts. +Water replenishment districts. +Water storage districts. +Watermaster districts. +Wine grape pest and disease control districts. +Zones, improvement zones, or service zones of any public body. +(2) Notwithstanding paragraph (1), a “public body” does not include any of the following: +(A) A community redevelopment agency formed pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). +(B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. +(C) A joint powers authority that includes a community redevelopment agency or a community development commission as a member, with respect to its exercise of the powers of a community redevelopment agency. +(3) “Public body” includes both of the following: +(A) The successor agency to the Redevelopment Agency of the City and County of San Francisco, solely for the purpose of issuing bonds or incurring other indebtedness pursuant to the provisions of Section 34177.7 of the Health and Safety Code. +(B) A successor agency, as defined in subdivision (j) of Section 34171 of the Health and Safety Code, solely for the purpose of issuing bonds or incurring other indebtedness pursuant to the provisions of Section 34177.5 of the Health and Safety Code. +(b) “Bonds” means all instruments evidencing an indebtedness of a public body incurred or to be incurred for any public purpose, all leases, installment purchase agreements, or similar agreements wherein the obligor is one or more public bodies, all instruments evidencing the borrowing of money in anticipation of taxes, revenues, or other income of that body, all instruments payable from revenues or special funds of those public bodies, all certificates of participation evidencing interests in the leases, installment purchase agreements, or similar agreements, and all instruments funding, refunding, replacing, or amending any thereof or any indebtedness. +(c) “Hereafter” means any time subsequent to the effective date of this act. +(d) “Heretofore” means any time prior to the effective date of this act. +(e) “Now” means the effective date of this act. +SEC. 3. +All public bodies heretofore organized or existing under any law, or under color of any law, are hereby declared to have been legally organized and to be legally functioning as those public bodies. Every public body, heretofore described, shall have all the rights, powers, and privileges, and be subject to all the duties and obligations, of those public bodies regularly formed pursuant to law. +SEC. 4. +The boundaries of every public body as heretofore established, defined, or recorded, or as heretofore actually shown on maps or plats used by the assessor, are hereby confirmed, validated, and declared legally established. +SEC. 5. +All acts and proceedings heretofore taken by any public body or bodies under any law, or under color of any law, for the annexation or inclusion of territory into those public bodies or for the annexation of those public bodies to any other public body or for the detachment, withdrawal, or exclusion of territory from any public body or for the consolidation, merger, or dissolution of any public bodies are hereby confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of any public body and of any person, public officer, board, or agency heretofore done or taken upon the question of the annexation or inclusion or of the withdrawal or exclusion of territory or the consolidation, merger, or dissolution of those public bodies. +SEC. 6. +(a) All acts and proceedings heretofore taken by or on behalf of any public body under any law, or under color of any law, for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds of any public body for any public purpose are hereby authorized, confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of public bodies and of any person, public officer, board, or agency heretofore done or taken upon the question of the authorization, issuance, sale, execution, delivery, or exchange of bonds. +(b) All bonds of, or relating to, any public body heretofore issued shall be, in the form and manner issued and delivered, the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore awarded and sold to a purchaser and hereafter issued and delivered in accordance with the contract of sale and other proceedings for the award and sale shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued by ordinance, resolution, order, or other action adopted or taken by or on behalf of the public body and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued at an election and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. Whenever an election has heretofore been called for the purpose of submitting to the voters of any public body the question of issuing bonds for any public purpose, those bonds, if hereafter authorized by the required vote and in accordance with the proceedings heretofore taken, and issued and delivered in accordance with that authorization, shall be the legal, valid, and binding obligations of the public body. +SEC. 7. +(a) This act shall operate to supply legislative authorization as may be necessary to authorize, confirm, and validate any acts and proceedings heretofore taken pursuant to authority the Legislature could have supplied or provided for in the law under which those acts or proceedings were taken. +(b) This act shall be limited to the validation of acts and proceedings to the extent that the same can be effectuated under the California Constitution and the United States Constitution. +(c) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter being legally contested or inquired into in any legal proceeding now pending and undetermined or that is pending and undetermined during the period of 30 days from and after the effective date of this act. +(d) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter that has heretofore been determined in any legal proceeding to be illegal, void, or ineffective. +(e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. +SEC. 8. +Any action or proceeding contesting the validity of any action or proceeding heretofore taken under any law, or under color of any law, for the formation, organization, or incorporation of any public body, or for any annexation thereto, detachment or exclusion therefrom, or other change of boundaries thereof, or for the consolidation, merger, or dissolution of any public bodies, or for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds thereof upon any ground involving any alleged defect or illegality not effectively validated by the prior provisions of this act and not otherwise barred by any statute of limitations or by laches shall be commenced within six months of the effective date of this act, otherwise each and all of those matters shall be held to be valid and in every respect legal and incontestable. This act shall not extend the period allowed for legal action beyond the period that it would be barred by any presently existing valid statute of limitations. +SEC. 9. +Nothing contained in this act shall be construed to render the creation of any public body, or any change in the boundaries of any public body, effective for purposes of assessment or taxation unless the statement, together with the map or plat, required to be filed pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, is filed within the time and substantially in the manner required by those sections. +SEC. 10. +This act shall become operative on September 1, 2016. +SEC. 11. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to validate the organization, boundaries, acts, proceedings, and bonds of public bodies as soon as possible, it is necessary that this act take immediate effect.","This bill would enact the Second Validating Act of 2016, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities. +This bill would declare that it is to take effect immediately as an urgency statute, but would become operative on a specified date.","An act to validate the organization, boundaries, acts, proceedings, and bonds of public bodies, and to provide limitations of time in which actions may be commenced, and declaring the urgency thereof, to take effect immediately." +271,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the Third Validating Act of 2016. +SEC. 2. +As used in this act: +(a) “Public body” means all of the following: +(1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” also means all cities, counties, cities and counties, districts, authorities, agencies, boards, commissions, and other entities, whether created by a general statute or a special act, including, but not limited to, the following: +Agencies, boards, commissions, or entities constituted or provided for under or pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). +Air pollution control districts of any kind. +Air quality management districts. +Airport districts. +Assessment districts, benefit assessment districts, and special assessment districts of any public body. +Bridge and highway districts. +California water districts. +Citrus pest control districts. +City maintenance districts. +Community college districts. +Community development commissions in their capacity to act as a housing authority for other community development purposes of the jurisdiction in which the commission operates, except for any action taken with respect to the commission’s authority to act as a community redevelopment agency. +Community facilities districts. +Community rehabilitation districts. +Community revitalization and investment authorities. +Community services districts. +Conservancy districts. +Cotton pest abatement districts. +County boards of education. +County drainage districts. +County flood control and water districts. +County free library systems. +County maintenance districts. +County sanitation districts. +County service areas. +County transportation commissions. +County water agencies. +County water authorities. +County water districts. +County waterworks districts. +Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. +Distribution districts of any public body. +Drainage districts. +Enhanced infrastructure financing districts. +Fire protection districts. +Flood control and water conservation districts. +Flood control districts. +Garbage and refuse disposal districts. +Garbage disposal districts. +Geologic hazard abatement districts. +Harbor districts. +Harbor improvement districts. +Harbor, recreation, and conservation districts. +Health care authorities. +Highway districts. +Highway interchange districts. +Highway lighting districts. +Housing authorities. +Improvement districts or improvement areas of any public body. +Industrial development authorities. +Infrastructure financing districts. +Integrated financing districts. +Irrigation districts. +Joint highway districts. +Levee districts. +Library districts. +Library districts in unincorporated towns and villages. +Local agency formation commissions. +Local health care districts. +Local health districts. +Local hospital districts. +Local transportation authorities or commissions. +Maintenance districts. +Memorial districts. +Metropolitan transportation commissions. +Metropolitan water districts. +Mosquito abatement and vector control districts. +Multifamily improvement districts. +Municipal improvement districts. +Municipal utility districts. +Municipal water districts. +Nonprofit corporations. +Nonprofit public benefit corporations. +Open-space maintenance districts. +Parking and business improvement areas. +Parking authorities. +Parking districts. +Permanent road divisions. +Pest abatement districts. +Police protection districts. +Port districts. +Property and business improvement areas. +Protection districts. +Public cemetery districts. +Public utility districts. +Rapid transit districts. +Reclamation districts. +Recreation and park districts. +Regional justice facility financing agencies. +Regional park and open-space districts. +Regional planning districts. +Regional transportation commissions. +Resort improvement districts. +Resource conservation districts. +River port districts. +Road maintenance districts. +Sanitary districts. +School districts of any kind or class. +School facilities improvement districts. +Separation of grade districts. +Service authorities for freeway emergencies. +Sewer districts. +Sewer maintenance districts. +Small craft harbor districts. +Special municipal tax districts. +Stone and pome fruit pest control districts. +Storm drain maintenance districts. +Storm drainage districts. +Storm drainage maintenance districts. +Storm water districts. +Toll tunnel authorities. +Traffic authorities. +Transit development boards. +Transit districts. +Unified and union school districts’ public libraries. +Vehicle parking districts. +Water agencies. +Water authorities. +Water conservation districts. +Water districts. +Water replenishment districts. +Water storage districts. +Watermaster districts. +Wine grape pest and disease control districts. +Zones, improvement zones, or service zones of any public body. +(2) Notwithstanding paragraph (1), a “public body” does not include any of the following: +(A) A community redevelopment agency formed pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). +(B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. +(C) A joint powers authority that includes a community redevelopment agency or a community development commission as a member, with respect to its exercise of the powers of a community redevelopment agency. +(3) “Public body” includes both of the following: +(A) The successor agency to the Redevelopment Agency of the City and County of San Francisco, solely for the purpose of issuing bonds or incurring other indebtedness pursuant to the provisions of Section 34177.7 of the Health and Safety Code. +(B) A successor agency, as defined in subdivision (j) of Section 34171 of the Health and Safety Code, solely for the purpose of issuing bonds or incurring other indebtedness pursuant to the provisions of Section 34177.5 of the Health and Safety Code. +(b) “Bonds” means all instruments evidencing an indebtedness of a public body incurred or to be incurred for any public purpose, all leases, installment purchase agreements, or similar agreements wherein the obligor is one or more public bodies, all instruments evidencing the borrowing of money in anticipation of taxes, revenues, or other income of that body, all instruments payable from revenues or special funds of those public bodies, all certificates of participation evidencing interests in the leases, installment purchase agreements, or similar agreements, and all instruments funding, refunding, replacing, or amending any thereof or any indebtedness. +(c) “Hereafter” means any time subsequent to the effective date of this act. +(d) “Heretofore” means any time prior to the effective date of this act. +(e) “Now” means the effective date of this act. +SEC. 3. +All public bodies heretofore organized or existing under any law, or under color of any law, are hereby declared to have been legally organized and to be legally functioning as those public bodies. Every public body, heretofore described, shall have all the rights, powers, and privileges, and be subject to all the duties and obligations, of those public bodies regularly formed pursuant to law. +SEC. 4. +The boundaries of every public body as heretofore established, defined, or recorded, or as heretofore actually shown on maps or plats used by the assessor, are hereby confirmed, validated, and declared legally established. +SEC. 5. +All acts and proceedings heretofore taken by any public body or bodies under any law, or under color of any law, for the annexation or inclusion of territory into those public bodies or for the annexation of those public bodies to any other public body or for the detachment, withdrawal, or exclusion of territory from any public body or for the consolidation, merger, or dissolution of any public bodies are hereby confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of any public body and of any person, public officer, board, or agency heretofore done or taken upon the question of the annexation or inclusion or of the withdrawal or exclusion of territory or the consolidation, merger, or dissolution of those public bodies. +SEC. 6. +(a) All acts and proceedings heretofore taken by or on behalf of any public body under any law, or under color of any law, for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds of any public body for any public purpose are hereby authorized, confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of public bodies and of any person, public officer, board, or agency heretofore done or taken upon the question of the authorization, issuance, sale, execution, delivery, or exchange of bonds. +(b) All bonds of, or relating to, any public body heretofore issued shall be, in the form and manner issued and delivered, the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore awarded and sold to a purchaser and hereafter issued and delivered in accordance with the contract of sale and other proceedings for the award and sale shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued by ordinance, resolution, order, or other action adopted or taken by or on behalf of the public body and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued at an election and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. Whenever an election has heretofore been called for the purpose of submitting to the voters of any public body the question of issuing bonds for any public purpose, those bonds, if hereafter authorized by the required vote and in accordance with the proceedings heretofore taken, and issued and delivered in accordance with that authorization, shall be the legal, valid, and binding obligations of the public body. +SEC. 7. +(a) This act shall operate to supply legislative authorization as may be necessary to authorize, confirm, and validate any acts and proceedings heretofore taken pursuant to authority the Legislature could have supplied or provided for in the law under which those acts or proceedings were taken. +(b) This act shall be limited to the validation of acts and proceedings to the extent that the same can be effectuated under the California Constitution and the United States Constitution. +(c) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter being legally contested or inquired into in any legal proceeding now pending and undetermined or that is pending and undetermined during the period of 30 days from and after the effective date of this act. +(d) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter that has heretofore been determined in any legal proceeding to be illegal, void, or ineffective. +(e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. +SEC. 8. +Any action or proceeding contesting the validity of any action or proceeding heretofore taken under any law, or under color of any law, for the formation, organization, or incorporation of any public body, or for any annexation thereto, detachment or exclusion therefrom, or other change of boundaries thereof, or for the consolidation, merger, or dissolution of any public bodies, or for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds thereof upon any ground involving any alleged defect or illegality not effectively validated by the prior provisions of this act and not otherwise barred by any statute of limitations or by laches shall be commenced within six months of the effective date of this act, otherwise each and all of those matters shall be held to be valid and in every respect legal and incontestable. This act shall not extend the period allowed for legal action beyond the period that it would be barred by any presently existing valid statute of limitations. +SEC. 9. +Nothing contained in this act shall be construed to render the creation of any public body, or any change in the boundaries of any public body, effective for purposes of assessment or taxation unless the statement, together with the map or plat, required to be filed pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, is filed within the time and substantially in the manner required by those sections.","This bill would enact the Third Validating Act of 2016, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities.","An act to validate the organization, boundaries, acts, proceedings, and bonds of public bodies, and to provide limitations of time in which actions may be commenced." +272,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 32132.9 is added to the Health and Safety Code, to read: +32132.9. +(a) Notwithstanding Section 32132 or any other law, upon approval by the board of directors of the Beach Cities Health District, the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code may be used to assign contracts for the construction of facilities or other buildings in that district. +(b) For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” shall mean the Beach Cities Health District and its board of directors. +(c) To the extent that any project utilizing the design-build process authorized by subdivision (a) is otherwise required to comply with the standards and requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with Section 129675) of Part 7 of Division 107), this section shall not be construed as an exemption from that act. +(d) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SEC. 2. +Section 32132.95 is added to the Health and Safety Code, to read: +32132.95. +(a) Notwithstanding Section 32132 or any other law, upon approval by the board of directors of the Peninsula Health Care District, the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code may be used to assign contracts for the construction of facilities or other buildings in that district. +(b) For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” shall mean the Peninsula Health Care District and its board of directors. +(c) To the extent that any project utilizing the design-build process authorized by subdivision (a) is otherwise required to comply with the standards and requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with Section 129675) of Part 7 of Division 107), this section shall not be construed as an exemption from that act. +(d) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SEC. 3. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to the Beach Cities Health District and the Peninsula Health Care District. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 5. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order for the Beach Cities Health District and the Peninsula Health Care District to facilitate construction of facilities or other buildings in those districts at the earliest possible time pursuant to design-build authority, and to ensure the expedient provision of health care services in those districts at the earliest possible time, it is necessary that this act take immediate effect. +SECTION 1. +The Legislature finds and declares all of the following: +(a)The overuse and misuse of antibiotics can lead to the development of antibiotic-resistant infections, a major public health threat. +(b)The federal Centers for Disease Control and Prevention (CDC) estimates that at least 2,000,000 Americans are infected with, and at least 23,000 Americans die as a result of, antibiotic-resistant infections every year, resulting in at least $20 billion in direct health care costs and at least $35 billion in lost productivity in the United States. +(c)Antibiotic resistance is a growing threat. A recent study commissioned by the United Kingdom determined that by 2050, worldwide, more people will die from antibiotic-resistant infections than from cancer. +(d)The overuse and misuse of antibiotics in human medicine is a significant factor driving the development of antibiotic resistance, and a majority of antibiotics are prescribed in outpatient settings, including primary care physician offices, outpatient settings where physician assistants and nurse practitioners work, dentist offices, and other specialty health care providers. +(e)According to the CDC, in one year, 262.5 million courses of antibiotics are written in outpatient settings. This equates to more than five prescriptions written each year for every six people in the United States. The CDC estimates that over one-half of the antibiotics prescribed in outpatient settings are unnecessary. +(f)More than 10 million courses of antibiotics are prescribed each year for viral conditions that do not benefit from antibiotics. +(g)Antibiotic stewardship programs, which are already required in general acute care hospitals and skilled nursing facilities in the state, but not in outpatient settings, are an effective way to reduce inappropriate antibiotic use and the prevalence of antibiotic-resistant infections. +(h)The President’s National Action Plan for Combating Antibiotic-Resistant Bacteria calls for the establishment of antibiotic stewardship activities in all health care delivery settings, including outpatient settings, by 2020. +SEC. 2. +The heading of Article 2.6 (commencing with Section 1645) of Chapter 4 of Division 2 of the +Business and Professions Code +is amended to read: +2.6. +Continuing Education and Antimicrobial Stewardship +SEC. 3. +Section 1645.5 is added to the +Business and Professions Code +, to read: +1645.5. +(a)For purposes of this section the following definitions apply: +(1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections, that is consistent with one of the following parameters: +(A)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. +(B)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. +(2)A “covered licensee” means a dentist who practices dentistry in a setting other than a clinic licensed pursuant to Section 1204 of the Health and Safety Code, a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code. +(3)“Evidence-based methods” means antimicrobial prescribing intervention methods that have been proven effective through outcome evaluations or studies, including, but not limited to, audit and feedback, academic detailing, clinical decision support, delayed prescribing practices, poster-based interventions, accountable justification, and peer comparison. +(b)A covered licensee shall adopt and implement an antimicrobial stewardship policy before applying for a renewal license. +(c)Upon filing an application with the board for a renewal license, a covered licensee shall certify in writing, on a form prescribed by the board, that he or she has both adopted an antimicrobial stewardship policy pursuant to subdivision (b) and is in compliance with that policy. +(d)(1)The board shall audit during each year a random sample of covered licensees who have certified compliance pursuant to subdivision (c). The board shall not audit an individual covered licensee more than once every four years. +(2)A covered licensee who is selected for audit shall submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. +(e)If the board determines that an audited covered licensee has failed to comply with subdivision (b), the board shall require that covered licensee to comply with subdivision (b) during the following renewal period. If the covered licensee fails to comply within that renewal period,that failure constitutes unprofessional conduct subject to discipline pursuant to Section 1670. +SEC. 4. +The heading of Article 10 (commencing with Section 2190) of Chapter 5 of Division 2 of the +Business and Professions Code +is amended to read: +10. +Continuing Medical Education and Antimicrobial Stewardship +SEC. 5. +Section 2197 is added to the +Business and Professions Code +, to read: +2197. +(a)For purposes of this section the following definitions apply: +(1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections, that is consistent with one of the following parameters: +(A)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. +(B)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. +(2)A “covered licensee” means a physician and surgeon who practices medicine in a setting other than a clinic licensed pursuant to Section 1204 of the Health and Safety Code, a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code. +(3)“Evidence-based methods” means antimicrobial prescribing intervention methods that have been proven effective through outcome evaluations or studies, including, but not limited to, audit and feedback, academic detailing, clinical decision support, delayed prescribing practices, poster-based interventions, accountable justification, and peer comparison. +(b)A covered licensee shall adopt and implement an antimicrobial stewardship policy before applying for a renewal license. +(c)Upon filing an application with the board for a renewal license, a covered licensee shall certify in writing, on a form prescribed by the board, that he or she has both adopted an antimicrobial stewardship policy pursuant to subdivision (b) and is in compliance with that policy. +(d)(1)The board shall audit during each year a random sample of covered licensees who have certified compliance pursuant to subdivision (c). The board shall not audit an individual covered licensee more than once every four years. +(2)A covered licensee who is selected for audit shall submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. +(e)If the board determines that an audited covered licensee has failed to comply with subdivision (b), the board shall require that covered licensee to comply with subdivision (b) during the following renewal period. If the covered licensee fails to comply within that renewal period, that failure constitutes unprofessional conduct subject to discipline pursuant to Section 2234. +SEC. 6. +Section 2454.6 is added to the +Business and Professions Code +, to read: +2454.6. +(a)For purposes of this section the following definitions apply: +(1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections, that is consistent with one of the following parameters: +(A)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. +(B)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. +(2)A “covered licensee” means an osteopathic physician and surgeon who practices osteopathic medicine in a setting other than a clinic licensed pursuant to Section 1204 of the Health and Safety Code, a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code. +(3)“Evidence-based methods” has the same meaning as in paragraph (3) of subdivision (a) of Section 2197. +(b)A covered licensee shall adopt and implement an antimicrobial stewardship policy before applying for a renewal license. +(c)Upon filing an application with the board for a renewal license, a covered licensee shall certify in writing, on a form prescribed by the board, that he or she has both adopted an antimicrobial stewardship policy pursuant to subdivision (b) and is in compliance with that policy. +(d)(1)The board shall audit during each year a random sample of covered licensees who have certified compliance pursuant to subdivision (c). The board shall not audit an individual covered licensee more than once every four years. +(2)A covered licensee who is selected for audit shall submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. +(e)If the board determines that an audited covered licensee has failed to comply with subdivision (b), the board shall require that licensee to comply with subdivision (b) during the following renewal period. If the covered licensee fails to comply within that renewal period, that failure constitutes unprofessional conduct subject to discipline pursuant to Section 2234. +SEC. 7. +Section 2496.5 is added to the +Business and Professions Code +, to read: +2496.5. +(a)For purposes of this section the following definitions apply: +(1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections, that is consistent with one of the following parameters: +(A)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. +(B)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. +(2)A “covered licensee” means a podiatrist who practices podiatric medicine in a setting other than a clinic licensed pursuant to Section 1204 of the Health and Safety Code, a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code. +(3)“Evidence-based methods” has the same meaning as in paragraph (3) of subdivision (a) of Section 2197. +(b)A covered licensee shall adopt and implement an antimicrobial stewardship policy before applying for a renewal license. +(c)Upon filing an application with the board for a renewal license, a covered licensee shall certify in writing, on a form prescribed by the board, that he or she has both adopted an antimicrobial stewardship policy pursuant to subdivision (b) and is in compliance with that policy. +(d)(1)The board shall audit during each year a random sample of covered licensees who have certified compliance pursuant to subdivision (c). The board shall not audit an individual covered licensee more than once every four years. +(2)A covered licensee who is selected for audit shall submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. +(e)If the board determines that an audited covered licensee has failed to comply with subdivision (b), the board shall require that licensee to comply with subdivision (b) during the following renewal period. If the covered licensee fails to comply within that renewal period, that failure constitutes unprofessional conduct subject to discipline pursuant to Section 2234. +SEC. 8. +Article 2.7 (commencing with Section 1223) is added to Chapter 1 of Division 2 of the +Health and Safety Code +, to read: +2.7. +Antimicrobial Stewardship Guidelines +1223. +(a)For purposes of this article the following definitions apply. +(1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections. +(2)“Evidence-based methods” means antimicrobial prescribing intervention methods that have been proven effective through outcome evaluations or studies, including, but not limited to, audit and feedback, academic detailing, clinical decision support, delayed prescribing practices, poster-based interventions, accountable justification, and peer comparison. +(b)On or before January 1, 2018, a primary care clinic or specialty clinic, licensed pursuant to Section 1204, shall adopt and implement an antimicrobial stewardship policy that is consistent with one of the following parameters: +(1)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. +(2)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. +SEC. 9. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes certain health care districts to use the design-build process when contracting for the construction of a building or improvements directly related to construction of a hospital or health facility building in those districts, as specified. Existing law sets forth the procurement process for design-build projects, as specified, and requires specified information submitted by design-build entities to be certified under penalty of perjury. +This bill would authorize, until January 1, 2022, the Beach Cities Health District and the Peninsula Health Care District to use the design-build process for the construction of facilities or other buildings in those districts, as specified. Because the bill would expand the application of the procurement process to additional design-build entities, the bill would expand the crime of perjury, thereby imposing a state-mandated local program. +This bill would make legislative findings and declarations as to the necessity of a special statute for the Beach Cities Health District and the Peninsula Health Care District. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +This bill would declare that it is to take effect immediately as an urgency statute. +(1)Under the existing Dental Practice Act, the Dental Board of California licenses and regulates the practice of dentistry. The act provides that an applicant may obtain an initial 2-year license to practice dentistry and a 2-year renewal license. The act also makes certain conduct unprofessional conduct and authorizes the board to revoke or suspend a license or reprimand or place on probation a dentist for that unprofessional conduct. +Under the existing Medical Practice Act, the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine establish requirements pursuant to which an applicant may obtain an initial 2-year license or subsequent 2-year renewal license to practice medicine as a podiatrist, as a physician and surgeon, osteopathic medicine as an osteopathic physician and surgeon, or podiatric medicine as a podiatrist, respectively. Under existing law, the Medical Board of California is required to adopt and administer standards for the continuing education of physicians and surgeons and each year audits a random sample of physicians and surgeons who have reported compliance with those requirements and requires a noncompliant licensee to make up the deficiency during the next renewal period. Under existing law, a licensee who fails to so comply is ineligible for a subsequent renewal license until he or she documents compliance to the board. Existing law provides for similar continuing education requirements as a condition of obtaining a renewal license to practice osteopathic medicine and podiatric medicine. The act authorizes these boards to discipline a licensee for specified unprofessional conduct. +This bill would require a “covered licensee,” defined as a dentist, physician and surgeon, osteopathic physician and surgeon, or person licensed to practice podiatric medicine, who practices in a setting other than a clinic, general acute care hospital, or skilled nursing facility, to adopt and implement an antimicrobial stewardship policy consistent with specified guidelines or methods of intervention, as defined, before applying for a renewal license and, upon applying for a renewal license, to certify in writing, on a form prescribed by the respective licensing board, that he or she has both adopted an antimicrobial stewardship policy and is in compliance with that policy. The bill would require those licensing boards to audit, during each year, a random sample of covered licensees who have certified compliance with these requirements and would limit the audit of an individual covered licensee to once every 4 years. The bill would require a covered licensee who is selected for audit to submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. The bill would require the respective licensing board, that determines that its audited covered licensee has failed to comply with these requirements, to require that covered licensee to comply with these requirements during the following renewal period. The bill would provide that the failure of a covered licensee to comply with those requirements during the renewal period constitutes unprofessional conduct. +(2)Under existing law, health facilities, including, among others, general acute care hospitals, skilled nursing facilities, primary care clinics, and specialty clinics, are licensed and regulated by the State Department of Public Health, and a violation of those provisions is a crime. Existing law requires that each general acute care hospital, on or before July 1, 2015, adopt and implement an antimicrobial stewardship policy in accordance with guidelines established by the federal government and professional organizations that includes a process to evaluate the judicious use of antibiotics, as specified. Existing law requires each skilled nursing facility, on or before January 1, 2017, to adopt and implement an antimicrobial stewardship policy consistent with guidelines developed by the federal Centers for Disease Control and Prevention and other specified entities. +This bill would, beginning January 1, 2018, require a clinic to adopt and implement an antimicrobial stewardship policy consistent with specified guidelines or methods of intervention, as defined. Because this bill would create new crimes, the bill would impose a state-mandated local program. +(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to +amend the heading of Article 2.6 (commencing with Section 1645) of Chapter 4 of Division 2 of, to amend the heading of Article 10 (commencing with Section 2190) of Chapter 5 of Division 2 of, and to add Sections 1645.5, 2197, 2454.6, and 2496.5 to, the Business and Professions Code, and to add Article 2.7 (commencing with Section 1223) of Chapter 1 of Division 2 to the Health and Safety Code, relating to antimicrobial stewardship. +add and repeal Sections 32132.9 and 32132.95 of the Health and Safety Code, relating to health care districts, and declaring the urgency thereof, to take effect immediately." +273,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1185 of the Civil Code is amended to read: +1185. +(a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument. +(b) For purposes of this section, “satisfactory evidence” means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and any one of the following: +(1) (A) The oath or affirmation of a credible witness personally known to the officer, whose identity is proven to the officer upon presentation of a document satisfying the requirements of paragraph (3) or (4), that the person making the acknowledgment is personally known to the witness and that each of the following are true: +(i) The person making the acknowledgment is the person named in the document. +(ii) The person making the acknowledgment is personally known to the witness. +(iii) That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification. +(iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4). +(v) The witness does not have a financial interest in the document being acknowledged and is not named in the document. +(B) A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose this civil penalty may be brought by the Secretary of State in an administrative proceeding or a public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this subparagraph. +(2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities are proven to the officer upon the presentation of a document satisfying the requirements of paragraph (3) or (4), that each statement in paragraph (1) is true. +(3) Reasonable reliance on the presentation to the officer of any one of the following, if the document or other form of identification is current or has been issued within five years: +(A) An identification card or driver’s license issued by the Department of Motor Vehicles. +(B) A passport issued by the Department of State of the United States. +(C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison. +(D) Any form of inmate identification issued by a sheriff’s department, if the inmate is in custody in a local detention facility. +(4) Reasonable reliance on the presentation of any one of the following, provided that a document specified in subparagraphs (A) to (F), inclusive, shall either be current or have been issued within five years and shall contain a photograph and description of the person named on it, shall be signed by the person, shall bear a serial or other identifying number, and, in the event that the document is a passport, shall have been stamped by the United States Citizenship and Immigration Services of the Department of Homeland Security: +(A) A passport issued by a foreign government. +(B) A driver’s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver’s licenses. +(C) An identification card issued by a state other than California. +(D) An identification card issued by any branch of the Armed Forces of the United States. +(E) An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city, county, or city and county in this state. +(F) An identification card issued by a federally recognized tribal government. +(c) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law. +(d) A party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer. +(e) A person convicted of perjury under this section shall forfeit any financial interest in the document. +SEC. 1.5. +Section 1185 of the Civil Code is amended to read: +1185. +(a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument. +(b) For purposes of this section, “satisfactory evidence” means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and any one of the following: +(1) (A) The oath or affirmation of a credible witness personally known to the officer, whose identity is proven to the officer upon presentation of a document satisfying the requirements of paragraph (3) or (4), that the person making the acknowledgment is personally known to the witness and that each of the following are true: +(i) The person making the acknowledgment is the person named in the document. +(ii) The person making the acknowledgment is personally known to the witness. +(iii) That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification. +(iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4). +(v) The witness does not have a financial interest in the document being acknowledged and is not named in the document. +(B) A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose this civil penalty may be brought by the Secretary of State in an administrative proceeding or a public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this subparagraph. +(2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities are proven to the officer upon the presentation of a document satisfying the requirements of paragraph (3) or (4), that each statement in paragraph (1) is true. +(3) Reasonable reliance on the presentation to the officer of any one of the following, if the document or other form of identification is current or has been issued within five years: +(A) An identification card or driver’s license issued by the Department of Motor Vehicles. +(B) A passport issued by the Department of State of the United States. +(C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison. +(D) Any form of inmate identification issued by a sheriff’s department, if the inmate is in custody in a local detention facility. +(4) Reasonable reliance on the presentation of any one of the following, provided that a document specified in subparagraphs (A) to (F), inclusive, shall either be current or have been issued within five years and shall contain a photograph and description of the person named on it, shall be signed by the person, and shall bear a serial or other identifying number: +(A) A valid consular identification document issued by a consulate from the applicant’s country of citizenship, or a valid passport from the applicant’s country of citizenship. +(B) A driver’s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver’s licenses. +(C) An identification card issued by a state other than California. +(D) An identification card issued by any branch of the Armed Forces of the United States. +(E) An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city, county, or city and county in this state. +(F) An identification card issued by a federally recognized tribal government. +(c) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law. +(d) A party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer. +(e) A person convicted of perjury under this section shall forfeit any financial interest in the document. +SEC. 2. +Section 1.5 of this bill incorporates amendments to Section 1185 of the Civil Code proposed by both this bill and Assembly Bill 2566. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1185 of the Civil Code, and (3) this bill is enacted after Assembly Bill 2566, in which case Section 1 of this bill shall not become operative.","Existing law prohibits the acknowledgment of an instrument from being taken unless the officer taking it has “satisfactory evidence” that the person making the acknowledgment is the individual who is described in and who executed the instrument. Under existing law, “satisfactory evidence” means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and, among other things, he or she presents a specified document that is either current or issued within 5 years that contains a photograph and description of the person named on it, the signature of the person, and a serial or other identifying number, as provided. +This bill would add an identification card issued by a federally recognized tribal government to the list of documents acceptable for identification purposes. +This bill would also incorporate changes to Section 1185 of the Civil Code proposed by both this bill and AB 2566, which would become operative only if both bills are enacted and this bill is enacted last.","An act to amend Section 1185 of the Civil Code, relating to notaries public." +274,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 21655.1 is added to the Vehicle Code, to read: +21655.1. +(a) A person shall not operate a motor vehicle on a portion of a highway that has been designated for the exclusive use of public transit buses, except in compliance with the directions of a peace officer or official traffic control device. +(b) This section does not apply to a driver who is required to enter a lane designated for the exclusive use of public transit buses in order to make a right turn or a left turn in a location where there is no left-turn lane for motorists, or who is entering into or exiting from a highway, unless there are signs prohibiting turns across the lane or the lane is delineated by a physical separation, including, but not limited to, a curb, fence, landscaping, or other barrier. +(c) A public transit agency, with the agreement of the agency with jurisdiction over the highway, shall place and maintain, or cause to be placed and maintained, signs and other official traffic control devices, as necessary, indicating that a portion of a highway is designated for the exclusive use of public transit buses and to advise motorists of the hours of operation of the lane as an exclusive public transit bus lane. +SEC. 2. +Section 22500 of the Vehicle Code is amended to read: +22500. +A person shall not stop, park, or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in any of the following places: +(a) Within an intersection, except adjacent to curbs as may be permitted by local ordinance. +(b) On a crosswalk, except that a bus engaged as a common carrier or a taxicab may stop in an unmarked crosswalk to load or unload passengers when authorized by the legislative body of a city pursuant to an ordinance. +(c) Between a safety zone and the adjacent right-hand curb or within the area between the zone and the curb as may be indicated by a sign or red paint on the curb, which sign or paint was erected or placed by local authorities pursuant to an ordinance. +(d) Within 15 feet of the driveway entrance to a fire station. This subdivision does not apply to any vehicle owned or operated by a fire department and clearly marked as a fire department vehicle. +(e) (1) In front of a public or private driveway, except that a bus engaged as a common carrier, schoolbus, or a taxicab may stop to load or unload passengers when authorized by local authorities pursuant to an ordinance. +(2) In unincorporated territory, where the entrance of a private road or driveway is not delineated by an opening in a curb or by other curb construction, so much of the surface of the ground as is paved, surfaced, or otherwise plainly marked by vehicle use as a private road or driveway entrance, shall constitute a driveway. +(f) On a portion of a sidewalk, or with the body of the vehicle extending over a portion of a sidewalk, except electric carts when authorized by local ordinance, as specified in Section 21114.5. Lights, mirrors, or devices that are required to be mounted upon a vehicle under this code may extend from the body of the vehicle over the sidewalk to a distance of not more than 10 inches. +(g) Alongside or opposite a street or highway excavation or obstruction when stopping, standing, or parking would obstruct traffic. +(h) On the roadway side of a vehicle stopped, parked, or standing at the curb or edge of a highway, except for a schoolbus when stopped to load or unload pupils in a business or residence district where the speed limit is 25 miles per hour or less. +(i) Except as provided under Section 22500.5, alongside curb space authorized for the loading and unloading of passengers of a bus engaged as a common carrier in local transportation when indicated by a sign or red paint on the curb erected or painted by local authorities pursuant to an ordinance. +(j) In a tube or tunnel, except vehicles of the authorities in charge, being used in the repair, maintenance, or inspection of the facility. +(k) Upon a bridge, except vehicles of the authorities in charge, being used in the repair, maintenance, or inspection of the facility, and except that buses engaged as a common carrier in local transportation may stop to load or unload passengers upon a bridge where sidewalks are provided, when authorized by local authorities pursuant to an ordinance, and except that local authorities pursuant to an ordinance or the Department of Transportation pursuant to an order, within their respective jurisdictions, may permit parking on bridges having sidewalks and shoulders of sufficient width to permit parking without interfering with the normal movement of traffic on the roadway. Local authorities, by ordinance or resolution, may permit parking on these bridges on state highways in their respective jurisdictions if the ordinance or resolution is first approved in writing by the Department of Transportation. Parking shall not be permitted unless there are signs in place, as may be necessary, to indicate the provisions of local ordinances or the order of the Department of Transportation. +(l) In front of or upon that portion of a curb that has been cut down, lowered, or constructed to provide wheelchair accessibility to the sidewalk. +(m) In a portion of a highway that has been designated for the exclusive use of public transit buses. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law makes it unlawful for a person to stop or park a motor vehicle in specified places, including an area designated as a fire lane by the fire department or fire district, as specified. A violation of these provisions is an infraction. +This bill would prohibit a person from operating a motor vehicle, or stopping, parking, or leaving a vehicle standing, on a portion of the highway designated for the exclusive use of public transit buses, subject to specified exceptions. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. The bill would also require a public transit agency to place and maintain signs and traffic control devices indicating that a portion of a highway is designated for the exclusive use of public transit buses, as specified. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 22500 of, and to add Section 21655.1 to, the Vehicle Code, relating to vehicles." +275,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 2.55 (commencing with Section 1000.7) is added to Title 6 of Part 2 of the Penal Code, to read: +CHAPTER 2.55. Deferred Entry of Judgment Pilot Program +1000.7. +(a) The following counties may establish a pilot program pursuant to this section to operate a deferred entry of judgment pilot program for eligible defendants described in subdivision (b): +(1) County of Alameda. +(2) County of Butte. +(3) County of Napa. +(4) County of Nevada. +(5) County of Santa Clara. +(b) A defendant may participate in a deferred entry of judgment pilot program within the county’s juvenile hall if that person is charged with committing a felony offense, other than the offenses listed under subdivision (d), he or she pleads guilty to the charge or charges, and the probation department determines that the person meets all of the following requirements: +(1) Is 18 years of age or older, but under 21 years of age on the date the offense was committed. +(2) Is suitable for the program after evaluation using a risk assessment tool, as described in subdivision (c). +(3) Shows the ability to benefit from services generally reserved for delinquents, including, but not limited to, cognitive behavioral therapy, other mental health services, and age-appropriate educational, vocational, and supervision services, that are currently deployed under the jurisdiction of the juvenile court. +(4) Meets the rules of the juvenile hall developed in accordance with the applicable regulations set forth in Title 15 of the California Code of Regulations. +(5) Does not have a prior or current conviction for committing an offense listed under subdivision (c) of Section 1192.7 or subdivision (c) of Section 667.5, or subdivision (b) of Section 707 of the Welfare and Institutions Code. +(6) Is not required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1. +(c) The probation department, in consultation with the superior court, district attorney, and sheriff of the county or the governmental body charged with operating the county jail, shall develop an evaluation process using a risk assessment tool to determine eligibility for the program. +(d) If the defendant is required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1, or if he or she has been convicted of one or more of the following offenses, he or she is not eligible for the program: +(1) An offense listed under subdivision (c) of Section 1192.7. +(2) An offense listed under subdivision (c) of Section 667.5. +(3) An offense listed under subdivision (b) of Section 707 of the Welfare and Institutions Code. +(e) The court shall grant deferred entry of judgment if an eligible defendant consents to participate in the program, waives his or her right to a speedy trial or a speedy preliminary hearing, pleads guilty to the charge or charges, and waives time for the pronouncement of judgment. +(f) (1) If the probation department determines that the defendant is not eligible for the deferred entry of judgment pilot program or the defendant does not consent to participate in the program, the proceedings shall continue as in any other case. +(2) If it appears to the probation department that the defendant is performing unsatisfactorily in the program as a result of the commission of a new crime or the violation of any of the rules of the juvenile hall or that the defendant is not benefiting from the services in the program, the probation department may make a motion for entry of judgment. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered. If the court finds that the defendant is performing unsatisfactorily in the program or that the defendant is not benefiting from the services in the program, the court shall render a finding of guilt to the charge or charges pleaded, enter judgment, and schedule a sentencing hearing as otherwise provided in this code, and the probation department, in consultation with the county sheriff, shall remove the defendant from the program and return him or her to custody in county jail. The mechanism of when and how the defendant is moved from custody in juvenile hall to custody in a county jail shall be determined by the local multidisciplinary team specified in paragraph (2) of subdivision (m). +(3) If the defendant has performed satisfactorily during the period in which deferred entry of judgment was granted, at the end of that period, the court shall dismiss the criminal charge or charges. +(g) A defendant shall serve no longer than one year in custody within a county’s juvenile hall pursuant to the program. +(h) The probation department shall develop a plan for reentry services, including, but not limited to, housing, employment, and education services, as a component of the program. +(i) The probation department shall submit data relating to the effectiveness of the program to the Division of Recidivism Reduction and Re-Entry, within the Department of Justice, including recidivism rates for program participants as compared to recidivism rates for similar populations in the adult system within the county. +(j) A defendant participating in the program pursuant to this section shall not come into contact with minors within the juvenile hall for any purpose, including, but not limited to, housing, recreation, or education. +(k) Prior to establishing a pilot program pursuant to this section, the county shall apply to the Board of State and Community Corrections for approval of a county institution as a suitable place for confinement for the purpose of the pilot program. The board shall review and approve or deny the application of the county within 30 days of receiving notice of this proposed use. In its review, the board shall take into account the available programming, capacity, and safety of the institution as a place for the confinement and rehabilitation of individuals within the jurisdiction of the criminal court, and those within the jurisdiction of the juvenile court. +(l) The Board of State and Community Corrections shall review a county’s pilot program to ensure compliance with requirements of the federal Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. Sec. 5601 et seq.), as amended, relating to “sight and sound” separation between juveniles and adult inmates. +(m) (1) This section applies to a defendant who would otherwise serve time in custody in a county jail. Participation in a program pursuant to this section shall not be authorized as an alternative to a sentence involving community supervision. +(2) Each county shall establish a multidisciplinary team that shall meet periodically to review and discuss the implementation, practices, and impact of the program. The team shall include representatives from the following: +(A) Probation department. +(B) The district attorney’s office. +(C) The public defender’s office. +(D) The sheriff’s department. +(E) Courts located in the county. +(F) The county board of supervisors. +(G) The county health and human services department. +(H) A youth advocacy group. +(n) (1) A county that establishes a pilot program pursuant to this section shall submit data regarding the pilot program to the Board of State and Community Corrections. The data submitted shall be used for the purposes of paragraph (2). +(2) The board shall conduct an evaluation of the pilot program’s impact and effectiveness. The evaluation shall include, but not be limited to, evaluating each pilot program’s impact on sentencing and impact on opportunities for community supervision, monitoring the program’s effect on minors in the juvenile facility, if any, and its effectiveness with respect to program participants, including outcome-related data for program participants compared to young adult offenders sentenced for comparable crimes. +(3) Each evaluation shall be combined into a comprehensive report and submitted to the Assembly and Senate Committees on Public Safety. +(4) The board may contract with an independent entity, including, but not limited to, the Regents of the University of California, for the purposes of carrying out the duties of the board pursuant to this subdivision. +(o) This chapter shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the Counties of Alameda, Butte, Napa, Nevada, and Santa Clara. Recent research on the adolescent brain development has found that brain development continues well after an individual reaches 18 years of age. This bill would therefore allow for the criminal justice system to apply the most recent brain development research to its practices in these counties by allowing certain transitional age youth access to age-appropriate rehabilitative services available in the juvenile justice system when an assessment determines that the individual would benefit from the services, with the aim of reducing the likelihood of the youth continuing in the criminal justice system.","Existing law provides that entry of judgment may be deferred with respect to a defendant who is charged with certain crimes involving possession of controlled substances, who pleads guilty to the charge or charges, and who meets certain criteria, including that he or she has no prior convictions for any offense involving controlled substances and has had no felony convictions within the 5 years prior, as specified. Existing law requires the criminal charge or charges to be dismissed if the defendant has performed satisfactorily in a specified program during the period in which deferred entry of judgment was granted. +This bill would authorize specified counties to establish a pilot program to operate a deferred entry of judgment pilot program for eligible defendants. The bill would authorize a defendant to participate in the program within the county’s juvenile hall if that person is charged with committing a felony offense, except as specified, he or she pleads guilty to the charge or charges, and the probation department determines that the person meets specified requirements, including that the defendant is 18 years of age or older, but under 21 years of age on the date the offense was committed, is suitable for the program, and shows the ability to benefit from services generally reserved for delinquents. The bill would require the probation department to develop a plan for reentry services. +The bill would require the court to grant deferred entry of judgment if the eligible defendant consents to participate in the program, waives his or her right to a speedy trial or a speedy preliminary hearing, pleads guilty to the charge or charges, and waives time for the pronouncement of judgment. The bill would also require the court to render a finding of guilt to the charge or charges pleaded, enter judgment, and schedule a sentencing hearing, and would require the return of the defendant to custody in a county jail if the court finds that the defendant is performing unsatisfactorily in the program or that the defendant is not benefiting from the services in the program. If the defendant has performed satisfactorily during the period in which deferred entry of judgment was granted, at the end of that period, the bill would require the court to dismiss the criminal charge or charges. +The bill would require a county, prior to establishing a pilot program, to apply to the Board of State and Community Corrections for approval of a county institution as a suitable place for confinement for the purpose of the pilot program. The bill would require the board to review and approve or deny the application of the county within 30 days of receiving notice of this proposed use. The bill would also require each county to establish a multidisciplinary team consisting of representatives of specified local entities. The team would be required to meet periodically to review and discuss the implementation, practices, and impact of the program. +The bill would require the probation department to submit data relating to the effectiveness of the program to the Division of Recidivism Reduction and Re-Entry, within the Department of Justice. The bill would prohibit a defendant participating in the program from coming into contact with minors within the juvenile hall, would prohibit a defendant from serving longer than one year in custody within a county’s juvenile hall pursuant to the program, and would require the board to review a county’s pilot program to ensure compliance with the federal Juvenile Justice and Delinquency Prevention Act of 1974, as specified. +The bill would require a county that establishes a pilot program pursuant to these provisions to submit data regarding the pilot program to the board, and would require the board to conduct an evaluation of the pilot program’s impact and effectiveness, as specified. The bill would require the evaluation to be combined into a comprehensive report and submitted to the Assembly and Senate Committees on Public Safety. The bill would also authorize the board to contract with an independent entity, including, but not limited to, the Regents of the University of California, to carry out these duties. +The authority conferred by this bill would be repealed on January 1, 2020. +This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Butte, Napa, Nevada, and Santa Clara.","An act to add and repeal Chapter 2.55 (commencing with Section 1000.7) of Title 6 of Part 2 of the Penal Code, relating to crimes." +276,"The people of the State of California do enact as follows: + + +SECTION 1. +Title 12.2 (commencing with Section 14230) is added to Part 4 of the Penal Code, to read: +TITLE 12.2. California Firearm Violence Research Act +14230. +The Legislature finds and declares the following: +(a) Firearm violence is a significant public health and public safety problem in California and nationwide. Nationally, rates of fatal firearm violence have remained essentially unchanged for more than a decade, as declines in homicide have been offset by increases in suicide. +(b) California has been the site of some of the nation’s most infamous mass shootings, such as those at a McDonald’s in San Ysidro, at Cleveland Elementary School in Stockton, near UC Santa Barbara in Isla Vista, and most recently at the Inland Regional Center in San Bernardino. Yet public mass shootings account for less than 1 percent of firearm violence. In 2014, there were 2,939 firearm-related deaths in California, including 1,582 suicides, 1,230 homicides, 89 deaths by legal intervention, and 38 unintentional or undetermined deaths. In communities where firearm violence is a frequent occurrence, the very structure of daily life is affected. +(c) Nationwide, the annual societal cost of firearm violence was estimated at two hundred twenty-nine billion dollars ($229,000,000,000) in 2012. A significant share of this burden falls on California. In 2013, the Office of Statewide Health Planning and Development noted that government-sponsored insurance programs covered nearly two-thirds of the costs of hospitalizations for firearm assaults in California, and about +half +one-half of +the costs of hospitalizations for unintentional injuries or those resulting from deliberate self-harm. +(d) California has been a leader in responding to this continuing crisis. However, although rates of fatal firearm violence in California are well below average for the 50 states, they are not low enough. +(e) Too little is known about firearm violence and its prevention. This is in substantial part because too little research has been done. The need for more research and more sophisticated research has repeatedly been emphasized. Because there has been so little support for research, only a small number of trained investigators are available. +(f) When confronted by other major health and social problems, California and the nation have mounted effective responses, coupling an expanded research effort with policy reform in the public’s interest. Motor vehicle accidents, cancer, heart disease, and tobacco use are all examples of the benefits of this approach. +(g) Federal funding for firearm violence research through the Centers for Disease Control +and Prevention +has been virtually eliminated by Congress since 1996, leaving a major gap that must be filled by other sources. +14231. +(a) It is the intent of the Legislature to establish a center for research into firearm-related violence. It is the intent of the Legislature that the center be administered by the University of California pursuant to the following principles: +(1) Interdisciplinary work of the center shall address the following: +(A) The nature of firearm violence, including individual and societal determinants of risk for involvement in firearm violence, whether as a victim or a perpetrator. +(B) The individual, community, and societal consequences of firearm violence. +(C) Prevention and treatment of firearm violence at the individual, community, and societal levels. +(2) The center shall conduct basic, translational, and transformative research with a mission to provide the scientific evidence on which sound firearm violence prevention policies and programs can be based. Its research shall +extend to firearm violence as a form of terrorism. +include, but not be limited to, the effectiveness of existing laws and policies intended to reduce firearm violence, including the criminal misuse of firearms, and efforts to promote the responsible ownership and use of firearms. +(3) The center shall work on a continuing basis with policymakers in the Legislature and state agencies to identify, implement, and evaluate innovative firearm violence prevention policies and programs. +(4) To help ensure a long-term and successful effort to understand and prevent firearm violence, the center shall recruit and provide specialized training opportunities for new researchers, including experienced investigators in related fields who are beginning work on firearm violence, young investigators who have completed their education, postdoctoral scholars, doctoral students, and undergraduates. +(5) It is the intent of the Legislature to support the center’s activities by funding the center with an appropriation to a Firearm Violence Research Center Account. The center may also seek additional federal, state, and private funds. +(6) As a supplement to its own research, the center shall administer a small grants program for research on firearm violence, funded through a research account in the Firearm Violence Research Center Account. All research funds shall be awarded on the basis of scientific merit as determined by an open, competitive peer review process that assures objectivity, consistency, and high quality. All qualified investigators, regardless of institutional affiliation, shall have equal access and opportunity to compete for the funds in the research account. +(7) The peer review process for the selection of grants awarded under this program shall be modeled on the process used by the National Institutes of Health in its grantmaking process. +(b) It is further the intent of the Legislature that on or before December 31, 2017, and every five years thereafter, the University of California transmit programmatic, as well as financial, reports to the state, including a report on the grants made, pending grants, program accomplishments, and the future direction of the program. The report shall be submitted in compliance with Section 9795 of the Government Code. +(c) Subject to the conditions and requirements established elsewhere in statute, state agencies, +including +including, +but not limited +to +to, +the Department of Justice, the State Department of Public Health, the State Department of Health Care Services, the Office of Statewide Health Planning and Development, and the Department of Motor Vehicles, shall provide to the center, upon proper request, the data necessary for the center to conduct its research. +(d) The center and all recipients of grants supported by the research account shall provide copies of their research publications to the Legislature and to agencies supplying data used in the conduct of that research as soon as is practicable following publication. These submissions shall be submitted in compliance with Section 9795 of the Government Code. +(e) Toward these ends, the Legislature requests that the Regents of the University of California establish a Firearm Violence Research Center and administer the center and grant program pursuant +to +to, +and consistent +with +with, +the principles and goals stated herein. +14232. +This article shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the university.","Existing law establishes and funds various research centers and programs in conjunction with the University of California. +This bill would enact the California Firearm Violence Research Act. The bill would declare the intent of the Legislature that the Regents of the University of California establish the California Firearm Violence Research Center to research firearm-related violence. The bill would declare legislative intent regarding the principles by which the university would administer the center and award research funds, as prescribed. The bill would require the university to report, on or before December 31, 2017, and every 5 years thereafter, specified information regarding the activities of the center and information pertaining to research grants. The bill would require the center +and the grant recipients +to provide copies of +its +their +research publications to the +Legislature. +Legislature and specified agencies. +The bill would specify that its provisions would apply to the university only to the extent that the +Regents, +regents, +by resolution, make any of the provisions of the bill applicable to the university.","An act to add Title 12.2 (commencing with Section 14230) to Part 4 of the Penal Code, relating to firearm violence research." +277,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 21080.25 of the Public Resources Code is amended to read: +21080.25. +(a) For purposes of this section, the following definitions shall apply: +(1) “Antenna support structures” means lattice towers, monopoles, and roof-mounts. +(2) “Authority” means the Los Angeles Regional Interoperable Communication System Joint Powers Authority. +(3) “Habitat of significant value” includes all of the following: +(A) Wildlife habitat of national, statewide, or regional importance. +(B) Habitat identified as candidate, fully protected, sensitive, or species of special status by a state or federal agency. +(C) Habitat essential to the movement of resident or migratory wildlife. +(4) “LA-RICS” means the Los Angeles Regional Interoperable Communications System, consisting of a long-term evolution broadband mobile data system, a land mobile radio system, or both. +(5) “LMR” means a land mobile radio system. +(6) “LTE” means a long-term evolution broadband mobile data system. +(7) “Riparian area” means an area that is transitional between terrestrial and aquatic ecosystems, that is distinguished by gradients in biophysical conditions, ecological processes, and biota, and that meets the following criteria: +(A) Is an area through which surface and subsurface hydrology connect bodies of water with their adjacent uplands. +(B) Is adjacent to perennial, intermittent, and ephemeral streams, lakes, or estuarine or marine shorelines. +(C) Includes those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems. +(8) “Wetlands” has the same meaning as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). +(9) “Wildlife habitat” means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. +(b) Except as provided in subdivision (d), if all the criteria specified in subdivision (c) are met at the individual project site, this division does not apply to the design, site acquisition, construction, operation, or maintenance of the following elements of the LA-RICS: +(1) Antennas, including microwave dishes and arrays. +(2) Antenna support structures. +(3) Equipment enclosures. +(4) Central system switch facilities. +(5) Associated foundations and equipment. +(c) As a condition of the exemption specified in subdivision (b), all of the following criteria shall be met at the individual project site: +(1) The project site is publicly owned and already contains either of the following: +(A) An antenna support structure and either of the following components: +(i) Antennas. +(ii) Equipment enclosures. +(B) A police or sheriff station or other public facility that transmits or receives public safety radio signals, except a fire station. +(2) Construction and implementation at the project site would not have a substantial adverse impact on wetlands, riparian areas, or habitat of significant value, and would not harm any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the habitat of those species. +(3) Construction and implementation of the project at the site would not have a substantial adverse impact on historical resources pursuant to Section 21084.1. +(4) Operation of the project at the site would not exceed the maximum permissible exposure standards established by the Federal Communications Commission, as set forth in Sections 1.1307 and 1.1310 of Title 47 of the Code of Federal Regulations. +(5) Any new LTE antenna support structures or LMR antenna support structures would comply with applicable state and federal height restrictions and any height restrictions mandated by an applicable comprehensive land use plan adopted by an airport land use commission. The new monopoles shall not exceed 70 feet in height without appurtenances and attachments, and new lattice towers shall not exceed 180 feet in height without appurtenances and attachments. +(6) Each new central system switch is located within an existing enclosed structure at a publicly owned project site or is housed at an existing private communications facility. +(d) Subdivision (b) does not apply if the individual project site is located on either of the following: +(1) A school site. +(2) A cultural or sacred site, as described in Section 5097.9 or 5097.993. +(e) (1) Before determining that a project is not subject to this division pursuant to this section, the authority shall hold a noticed public meeting in each county supervisorial district in which the project is located to hear and respond to public comments. The notice shall be provided at least 72 hours in advance of the meeting and published no fewer times than required by Section 6061 of the Government Code by the authority in a newspaper of general circulation in each county supervisorial district in which the project is located. +(2) If the authority determines that a project is not subject to this division pursuant to this section, and it determines to approve or carry out that project, the notice of exemption shall be filed with the Office of Planning and Research and the county clerk in the county in which the project is located in the manner specified in subdivisions (b) and (c) of Section 21152. The authority shall post the notice of exemption on its Internet Web site. +(f) The authority shall post on its Internet Web site all of the following, as applicable: +(1) Draft and final environmental documentation in compliance with this division or the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.). +(2) The date of filing of notices required pursuant to this division or the federal National Environmental Policy Act of 1969. +(3) All notice and hearing information regarding review and approval of environmental documentation by federal agencies. +(g) On or after January 1, 2017, the authority and its member agencies shall approve use agreements for the LA-RICS in an open and noticed public meeting. +(h) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. +Existing law, until January 1, 2017, exempts from CEQA the design, site acquisition, construction, operation, or maintenance of certain structures and equipment of the Los Angeles Regional Interoperable Communications System (LA-RICS) consisting of a long-term evolution broadband mobile data system and a land mobile radio system, if certain criteria are met at the individual project site, including that the site contains either an antenna support structure, as provided, or a public facility that transmits or receives public safety radio signals. +This bill would extend that exemption until January 1, 2020, and would specify that a fire station is not a public facility for purposes of determining if that exemption applies to an individual project site. The bill would provide that the exemption does not apply if the project site is located in certain areas. The bill would require the LA-RICS Joint Powers Authority to hold a public meeting before making a determination that a project is exempted, to file the notice of exemption with the Office of Planning and Research and the county clerk in the county in which the project is located, and to post certain information on its Internet Web site. Because a lead agency, which may include a local agency, would be required to determine whether a project qualifies for this exemption and to perform additional duties, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 21080.25 of the Public Resources Code, relating to environmental quality." +278,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The Legislature passed, and the Governor signed, Senate Bill 1021 in 2012, which included direction to the Department of Corrections and Rehabilitation to create the Supportive Housing Program for Mentally Ill Parolees, pursuant to Section 3073 of the Penal Code. The program was intended to use funds budgeted for the Integrated Services for Mentally Ill Parolees (ISMIP) program to serve the purposes outlined in Senate Bill 1021. +(b) Since 2012, the budget has not referred to the program by name and funds have not been used for their legislatively intended purposes. +(c) It is the intent of the Legislature to strengthen the ISMIP program to ensure that the department promotes the +evidence-based +evidence-based, +wraparound services, including rental subsidies in an amount adequate to allow mentally ill parolees experiencing homelessness or at risk of experiencing homelessness upon release from prison to obtain and maintain housing stability during and after the term of parole, thereby reducing recidivism among parolees with a history of homelessness. +(d) It is the intent of the Legislature that contracts the department enters into under the ISMIP program require contractors to target resources to parolees experiencing homelessness or offenders at risk of homelessness upon release. The contracts shall emphasize housing permanency and stability over food, clothing, and drop-in or day center services and shall require contractors to use a substantial portion of the contracted payment to provide rental assistance to obtain housing that is independent and integrated into the community. +(e) It is the intent of the Legislature that the Department of Corrections and Rehabilitation include the changes made in this act into contracts renewed or entered into for the ISMIP program on and after January 1, 2017. +SEC. 2. +Section 2985 of the Penal Code is amended to read: +2985. +It is the intent of the Legislature in enacting this article to provide evidence-based, comprehensive mental health and supportive services, including housing subsidies, to parolees who suffer from mental illness and are either homeless or at risk of homelessness, in order to successfully reintegrate the parolees into the community, increase public safety, and reduce state costs of recidivism. It is further the intent of the Legislature to supplement existing parole outpatient clinic services by providing services to individuals who suffer from a severe mental illness, as defined in Section 5600.3 of the Welfare and Institutions Code, and who require services that cannot be provided by parole outpatient clinics, including services provided pursuant to Section 5806 of the Welfare and Institutions Code. +SEC. 3. +Section 2985.1 of the Penal Code is amended to read: +2985.1. +For purposes of this article, the following definitions shall apply: +(a) “Bridge rental assistance” means rental assistance paid to participating landlords while the service provider and program participant seek permanent rental assistance that allows the program participant to remain in the same housing or, when feasible, allows the program participant to incur the full responsibility of paying rent through employment or benefits entitlement once parole ends. +(b) “Department” means the Department of Corrections and Rehabilitation. +(c) “Fair market rent” means the rent, including the cost of utilities other than telephone, as established by the United States Department of Housing and Urban Development, for units of varying sizes, as determined by the number of bedrooms, that must be paid in the market area to rent privately owned, existing, decent, safe, and sanitary rental housing of a modest nature with suitable amenities. +(d) “Homelessness” has the same meaning as in Part 91 of Title 24 of the Code of Federal Regulations. +(e) “Integrated Services for Mentally Ill Parolees program” or “ISMIP program” means the program of supportive services and housing support provided by this article. +(f) “Interim housing” means a temporary residence in which a program participant resides, for a period not to exceed nine months, while waiting to move into permanent housing. “Interim housing” may include housing that is paid for using motel vouchers or housing in which a program participant resides for the purpose of receiving recuperative care. +(g) “Likely to become homeless upon release” or “at risk of homelessness” means the individual has a history of homelessness and he or she satisfies both of the following criteria: +(1) The individual has not identified a fixed, regular, and adequate nighttime residence for release. +(2) The individual’s only identified nighttime residence for release includes a supervised, publicly or privately operated shelter designed to provide temporary living accommodations, or a public or private place not designed for, or not ordinarily used as, regular sleeping accommodations for human beings. +(h) “Supportive housing” has the same meaning set forth in subdivision (b) of Section 50675.14 of the Health and Safety Code, and that, in addition, is decent, safe, and affordable. +SEC. 4. +Section 2985.2 of the Penal Code is amended to read: +2985.2. +(a) Pursuant to Section 3073, the department shall provide a supportive housing program that provides wraparound services to mentally ill parolees who are either homeless or at risk of homelessness using funding appropriated by the Legislature for the ISMIP program. +(b) A service provider participating in this program shall comply with all of the following: +(1) Provide services and treatment based on evidence-based practices. +(2) Demonstrate that the program reduces recidivism and homelessness among program participants. +(3) Have prior experience working with county or regional mental health programs. +(4) Demonstrate existing relationships with a supportive housing provider. +(c) (1) An inmate or parolee is eligible to participate in this program if all of the following apply: +(A) He or she has a serious mental disorder as defined in Section 5600.3 of the Welfare and Institutions Code and as identified by the department, and he or she has a history of mental health treatment in the prison’s mental health services delivery system or in a parole outpatient clinic. +(B) The inmate or parolee voluntarily chooses to participate. +(C) Either of the following applies: +(i) He or she has been assigned a date of release within 60 to 180 days and is likely to become homeless upon release. +(ii) He or she is currently a homeless parolee. +(2) First priority for the program shall be given to the lowest functioning offenders in prison, as identified by the department, who are likely to become homeless upon release. +(d) A +service provider shall exercise due diligence in providing any mental health or other contracted services pursuant to Section 2985.3 and shall notify the department of an individual’s participation in such services. A +parolee is not required to receive other ISMIP services as a condition of eligibility to receive rental assistance pursuant to this article. +SEC. 5. +Section 2985.3 of the Penal Code is amended to read: +2985.3. +(a) A service provider shall offer services, in accordance with Section 5806 of the Welfare and Institutions Code, to obtain and maintain health and housing stability while the program participant is on parole, to enable the program participant to comply with the terms of parole, and to augment mental health services provided to the program participant. The services shall be offered to a program participant in his or her home, or shall be made as easily accessible to the program participant as possible and shall include, but are not limited to, all of the following: +(1) Case management services. +(2) Parole discharge planning. +(3) Housing location services, and, if needed, move-in cost assistance. +(4) Rental subsidies that are equal to or greater than fair market rent. +(5) Linkage to other services, such as vocational, educational, and employment services, as needed. +(6) Benefit entitlement application and appeal assistance. +(7) Transportation assistance to obtain services and health care needed. +(8) Assistance obtaining appropriate identification. +(b) For a program participant identified prior to release from state prison, upon the service provider’s receipt of referral and in collaboration with the parole agent and, if appropriate, staff, the intake coordinator or case manager of the service provider shall, when possible: +(1) Receive all prerelease assessments and discharge plans. +(2) Draft a plan for the program participant’s transition into housing that serves the program participant’s needs and that demonstrates a clear transition pathway to permanent, independent, and affordable housing. Housing options shall include permanent supportive housing and interim housing, as necessary, while the program participant awaits placement into supportive housing. +(3) Engage the program participant to actively participate in services upon release. +(4) Assist in obtaining identification for the program participant, if necessary. +(5) Assist in applying for any benefits for which the program participant is eligible. +(c) (1) To facilitate the transition of a program participant identified prior to release into the community and a program participant identified during parole into supportive housing, a service provider shall, on an ongoing basis, but not less than quarterly, assess each program participant’s needs and include in each program participant’s assessment a plan to foster independence and continued residence in the same permanent housing when his or her parole is complete. +(2) Upon referral to the service provider, the service provider shall work to transition a program participant from the department’s rental assistance to other mainstream rental assistance benefits if those benefits are necessary to enable the program participant to remain in stable housing, and shall prioritize transitioning the program participant to these benefits in a manner that allows the program participant to remain housed, when possible, without moving. Mainstream rental assistance benefits may include, but are not limited to, federal Housing Choice Voucher assistance, Department of Housing and Urban Development-Veterans Affairs Supportive Housing vouchers, or other rental assistance programs. +(3) The program participant’s parole discharge plan and the assessments shall consider the need for, and prioritize linkage to, county mental health services and housing opportunities that are supported by the Mental Health Services Act, the Mental Health Services Act Housing Program, or other funding sources that finance permanent supportive housing for persons with mental illness, so that the program participant may continue to achieve all recovery goals of the program and remain permanently housed when his or her parole is complete. +(4) The department and service providers shall not limit the bridge rental assistance made available to the program participant, except to the term of the program participant’s parole. The program participant shall be allowed to remain in the same housing after the bridge rental assistance ends, so long as he or she complies with the terms of the lease. +SEC. 6. +Section 2985.4 of the Penal Code is amended to read: +2985.4. +(a) A service provider shall identify and locate supportive housing opportunities for a program participant prior to his or her release from state prison or as quickly upon his or her release from state prison as possible, or as quickly as possible after the program participant is identified during parole, but in no case later than nine months after the program participant agrees to participate in the ISMIP program. +(b) Housing identified pursuant to subdivision (a) shall satisfy all of the following: +(1) The housing is located in an apartment building, single-room occupancy buildings, townhouses, or single-family homes, including rent-subsidized apartments leased in the open market or set aside within privately owned buildings. +(2) The housing is not subject to community care licensing requirements or is exempt from licensing under Section 1504.5 of the Health and Safety Code. +(3) A program participant living in supportive housing shall have a lease and be subject to the rights and responsibilities of tenancy. +(c) A service provider shall use a portion of the ISMIP payments received from the department to identify and offer the program participant interim housing while the program participant is waiting to obtain appropriate permanent rental housing and to complete documentation and paperwork needed to move the program participant into the rental housing. +(d) If a service provider operates in a county that utilizes homeless coordinated assessment and entry systems, the service provider shall offer ISMIP program payments and housing assistance to parolees who qualify for the ISMIP program through those systems. +(e) A service provider may use ISMIP program payments to support a housing specialist position to work with lessors, affordable and for-profit housing developers, public housing authorities, and other housing providers to identify and secure affordable rental housing for program participants. +SEC. 7. +Section 2985.5 of the Penal Code is amended to read: +2985.5. +(a) A service provider shall report to the department regarding the intended outcomes of the program, including all of the following: +(1) The number of program participants served. +(2) The types of services that were provided to program participants. +(3) The outcomes for program participants, including the number who are living independently, the number who remain in or moved to permanent housing, the number who ceased to participate in the program, the number who returned to state prison, and the number who were arrested and are residing in county jail. +(4) The number of program participants who successfully completed parole and transitioned to county mental health programs. +(5) The percentage of program participants currently living in permanent housing. +(b) The department shall prepare an analysis of the costs of the supportive housing program in comparison to the cost savings to the state as a result of reduced recidivism rates by program participants using the information provided pursuant to subdivision (a). This analysis shall exclude from consideration any federal funds provided for services while the program participant is on parole in order to ensure that the analysis accurately reflects only the costs to the state for the services provided to program participants. +(c) The department shall annually submit, on or before February 1, the information collected pursuant to subdivision (a) and the analysis prepared pursuant to subdivision (b) to the chairs of the Joint Legislative Budget Committee, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Public Safety, the Senate Committee on Transportation and Housing, and the Assembly Committee on Housing and Community Development.","(1) Existing law authorizes the Department of Corrections and Rehabilitation to obtain day treatment, and to contract for crisis care services, for parolees with mental health problems, and requires the department to provide a supportive housing program that provides wraparound services to mentally ill parolees at risk of homelessness using funding appropriated for that purpose. Existing law provides that an inmate or parolee is eligible for participation if he or she has a serious mental disorder, as defined, has been assigned a release date from state prison, and is likely to become homeless upon release or is currently a homeless parolee. Existing law requires providers to offer various services, including housing location services and rental subsidies. Existing law requires a service provider to comply with specified requirements, including, among others, that the service provider has prior experience working with county or regional mental health programs. +This bill would require a service provider to also demonstrate an existing relationship with a supportive housing provider. The bill would specify that a program participant is not required to receive other services for mentally ill parolees as a condition of eligibility to receive rental assistance through the program. +The bill would require a service provider to exercise due diligence in providing any mental health or other contracted services and to notify the department of a participant’s participation in those services. +The bill would require a service provider to offer rental subsidies that are equal to or greater than fair market rent, as defined. The bill would also prohibit the department or a service provider from limiting the duration that a program participant may receive rental assistance through the program, except by the length of the person’s parole. +(2) Existing law requires a service provider to identify and locate supportive housing opportunities prior to a program participant’s release from state prison or as quickly upon release from state prison as possible, or as quickly as possible when a program participant is identified during parole. Existing law requires a service provider to report specified information to the department, including the number of program participants served and the outcomes for program participants, including the number of participants who returned to state prison. +This bill would require a service provider to identify and locate supportive housing opportunities no later than 9 months after the program participant has agreed to participate in the program. The bill would require that the housing located provide the program participant with a lease where he or she has all of the rights and responsibilities of tenancy. The bill would require a service provider to use a portion of the program payments received to provide interim housing, as defined. The bill would also require a service provider to report to the department the percentage of program participants currently living in permanent housing and the number who are arrested and residing in county jail. The bill would also make technical, nonsubstantive, and clarifying changes.","An act to amend Sections 2985, 2985.1, 2985.2, 2985.3, 2985.4, and 2985.5 of the Penal Code, relating to parolees." +279,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) In 2012, about 35,000 children were born to 15- to 19-year-olds in California. Nationwide, 70 percent of young parents are pushed out of school, and fewer than 4 in 10 young mothers graduate from high school by 18 years of age. +(b) Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law protect all pupils’ rights to equal educational opportunities regardless of sex. Yet, only some of California’s school districts provide pregnant and parenting pupil programs. +(c) Pregnant and parenting pupils face overwhelming, system-enforced obstacles to graduating and receiving an education of equal quality to that of their peers that vary across school districts and include all of the following: +(1) Inconsistent access to excused “family leave” absences to care for new infants during the critical period of early child development, with male parents often having no access. +(2) Involuntary pushout due to high absence rates related to pregnancy and parenting responsibilities. +(3) Rigid requirements to verify excused absences to care for a sick child. +(4) Allowed “reasonable” amount of time to make up work is defined by the school districts and not to the individual circumstances or to support a pupil’s goal to graduate. +(5) Varying levels of support and engagement from schools while pupils are absent. +(6) Encouragement to pursue independent study that may not fulfill the “A-G” admission requirements for the California State University and the University of California or have inconsistent and rigorous attendance policies. +(7) Parenting pupils’ lack of awareness of their rights under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law, as well as pupils’ different educational options during pregnancy, postpartum, and as a parent. +(d) While California has an 80 percent high school graduation rate, only 38 percent of young moms who have a child before they are 18 years of age graduate from high school, 19 percent get a General Education Development (GED) credential, and only 2 percent go to college before 30 years of age. +(e) Educational challenges set the stage for economic hardship: The median income for women over 25 years of age without a high school degree is $15,021, less than 53 percent of that of their peers’ median income of $31,904. +(f) Nearly 60 percent of mothers under 19 years of age live in poverty. +(g) Children of teen mothers tend to struggle more in school, are less likely to complete high school, have lower performance on standardized tests, and are more likely to enter the foster care system and become teen parents themselves. +(h) Studies show that pregnancy can motivate pupils to complete school and pursue postsecondary education. +(i) Further, bonding time is critical for an infant’s long-term development and the well-being of parents. California has acknowledged the importance of bonding time and paved the way in supporting bonding within working families. +(j) Since 2004, workers have been entitled to up to six weeks of family leave to bond with their children. Working families benefit significantly from bonding time. Parenting pupils and their infants, some of our most vulnerable citizens, should not have to choose between their family and education. +SEC. 2. +Section 222.5 is added to the Education Code, to read: +222.5. +A school district shall notify pregnant and parenting pupils of their rights and options available pursuant to Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 222, 46015, and 48206.3 through annual school year welcome packets pursuant to Section 48980, through independent study packets, on the school district’s Internet Web site, in lactation rooms, and in locker rooms. +SEC. 3. +Section 46015 is added to the Education Code, to read: +46015. +(a) The governing board of a school district may +allow +adopt a policy that allows +a parenting pupil who gives or expects to give birth up to six weeks of parental leave and may allow a parenting pupil not giving birth up to three weeks of parental leave after the birth. The length of leave shall be determined by the pupil and shall not exceed the length of time allowed by this subdivision. +(b) (1) Absences allowed pursuant to this section shall not be deemed absences in computing average daily attendance pursuant to Section 42238.5 if the governing board of the school district of attendance files an expectant and parenting pupil policy, including procedures for ensuring pupils are provided with schoolwork while on parental leave, with the department. +(2) For purposes of calculating average daily attendance for a pupil on parental leave, one day of attendance shall be credited for each hour spent on activities related to the instruction of that pupil, with a maximum equivalent of the limits specified in subdivision (a). For purposes of this paragraph, “activities related to the instruction of that pupil” means activities that require contact with the pupil. +(3) An expectant and parenting pupil policy shall require a pupil to submit a parental leave request form, similar or the same as request forms used to request temporary disability time off, to the pupil’s school before the end of the pregnant pupil’s second trimester. A school shall process a request within five business days and provide makeup work plan development process guidelines to a pupil in conjunction with the positive determination of parental leave. +SEC. 4. +Section 48205 of the Education Code is amended to read: +48205. +(a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is: +(1) Due to his or her illness. +(2) Due to quarantine under the direction of a county or city health officer. +(3) For the purpose of having medical, dental, optometrical, or chiropractic services rendered. +(4) For the purpose of attending the funeral services of a member of his or her immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California. +(5) For the purpose of jury duty in the manner provided for by law. +(6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including up to four absences per school year to care for a sick child, for which the school shall not require a note from a doctor. +(7) For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of his or her religion, attendance at religious retreats, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization when the pupil’s absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board. +(8) For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code. +(9) For the purpose of spending time with a member of the pupil’s immediate family, who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district. +(b) A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence. +(c) For purposes of this section, attendance at religious retreats shall not exceed four hours per semester. +(d) Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments. +(e) “Immediate family,” as used in this section, has the same meaning as set forth in Section 45194, except that references therein to “employee” shall be deemed to be references to “pupil.” +SEC. 5. +Section 48206.3 of the Education Code is amended to read: +48206.3. +(a) Except for those pupils receiving individual instruction provided pursuant to Section 48206.5, a pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable shall receive individual instruction provided by the district in which the pupil is deemed to reside. +(b) For purposes of this section and Sections 48206.5, 48207, and 48208, the following terms have the following meanings: +(1) “Individual instruction” means instruction provided to an individual pupil in the pupil’s home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the state board. +(2) “Temporary disability” means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program without special intervention. Temporary disability also includes pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to Section 56026. +(c) (1) For purposes of computing average daily attendance pursuant to Section 42238.5, each clock hour of teaching time devoted to individual instruction shall count as one day of attendance. +(2) A pupil shall not be credited with more than five days of attendance per calendar week, or more than the total number of calendar days that regular classes are maintained by the district in any fiscal year. +(d) Notice of the availability of individualized instruction shall be given pursuant to Section 48980. +SEC. 6. +Section 48208 of the Education Code is amended to read: +48208. +(a) It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupil’s presence in a qualifying hospital. +(b) Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following: +(1) (A) Within five working days of receipt of the notification, determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, when the individualized instruction may commence. Individualized instruction shall commence no later than five working days after the positive determination has been rendered. +(B) A school district shall provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupil’s school or school district. +(2) Provide the pupil with individualized instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program, to have the school district the pupil previously attended provide the pupil with individualized instruction pursuant to Section 48206.3. +(3) Within five working days of the commencement of individualized instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.5, effective the date on which individualized instruction commenced. +SEC. 7. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires a pupil to be excused from school for specified types of absences and prohibits those excused absences from generating state apportionment payments by deeming them as absences in computing average daily attendance. +This bill would include as another type of excused absence, 4 absences per school year to care for a sick child, for which the school is prohibited from requiring a note from a doctor. The bill would authorize the governing board of a school district to +allow +adopt a policy that allows +a parenting pupil who gives or expects to give birth up to 6 weeks of parental leave and to allow a parenting pupil not giving birth up to 3 weeks of parental leave. The bill would specify that parental leave absences shall not be deemed absences in computing average daily attendance if the governing board of the school district of attendance files with the State Department of Education an expectant and parenting pupil policy that includes procedures for ensuring pupils are provided with schoolwork while on parental leave, and would specify the method for crediting average daily attendance for these pupils. +(2) Existing state regulations require an educational institution to treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery from those conditions in the same manner and under the same policies as any other temporary disability. Existing law requires a school district that receives notification of a pupil’s temporary disability to determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, to provide the individualized instruction, as specified. +This bill would require a school district to provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupil’s school or school district. +(3) Existing law prohibits discrimination on the basis of disability, gender, or other specified characteristics in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state financial aid. +This bill would require a school district to notify pregnant and parenting pupils of specified rights and options available to those pupils, as specified. +(4) To the extent that this bill would impose additional duties on school districts, the bill would impose a state-mandated local program. +(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 48205, 48206.3, and 48208 of, and to add Sections 222.5 and 46015 to, the Education Code, relating to pupil rights." +280,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3003.5 of the Penal Code is amended to read: +3003.5. +(a) Notwithstanding any other +provision of +law, when a person is released on parole after having served a term of imprisonment in state prison for any offense for which registration is required pursuant to Section 290, that person may not, during the period of parole, reside in any +single family +single-family +dwelling with any other person also required to register pursuant to Section 290, unless those persons are legally related by blood, marriage, or adoption. For purposes of this section, +“single family +“single-family +dwelling” shall not include a residential facility +which +that +serves six or fewer persons. +(b) +(1) +Notwithstanding any other +provision of +law, it is unlawful for any person +convicted of any of the offenses enumerated in Section 667.61 and +for whom registration is required pursuant to Section 290 to reside within +2000 +2,000 +feet of any public or private school, or park where children regularly gather. +The 2,000-foot residency restriction shall be measured by the shortest practical pedestrian or vehicle path. +(2) The state parole authority shall enforce the residency restriction required pursuant to this section until the sex offender is discharged from parole unless any of the following occur: +(A) The offender is subject to a greater preexisting residency restriction. +(B) The residency restriction is modified within the county in which the offender resides as provided by Section 3003.51. +(C) The residency restriction is found unconstitutional as applied within the county and no modified restriction can be constitutionally enforced. +(3) Any person subject to the residency restriction imposed pursuant to paragraph (1) may, if compliance is not reasonably possible within his or her county, seek relief pursuant to Section 3003.51. +(c) Nothing in this section shall prohibit municipal jurisdictions from enacting local ordinances that further restrict the residency of any person for whom registration is required pursuant to Section 290. +SEC. 2. +Section 3003.51 is added to the Penal Code, to read: +3003.51. +(a) Any person prohibited pursuant to Section 3003.5 from living within 2,000 feet of any public or private school, or park where children regularly gather, may seek relief from those restrictions if he or she cannot comply with the restriction because of the unavailability of compliant housing within his or her county of domicile. +(b) Any person seeking relief under this section may file a petition with the superior court of the county in which he or she resides. Notice of the petition shall be timely served on the state parole authority or other entity enforcing the subject sex offender residency restrictions. +(c) Notwithstanding any other law, original jurisdiction for any petition filed pursuant to this section shall lie with the appellate division of the superior court in which the petition is filed. The court may consolidate all pending petitions. +(d) The appellate division of the superior court in which the petition is filed pursuant to this section may grant the petition in whole or in part if the petitioner establishes by a preponderance of the evidence, and the court finds, each of the following: +(1) There is a pervasive lack of compliant housing within the petitioner’s county of domicile. +(2) The petitioner is among a substantial proportion of sex offenders subject to the 2,000 foot residency restriction who have, despite good faith efforts, been unable to find compliant housing within the county. +(3) The 2,000 foot restriction is the principal reason that those without a residence have been unable to find compliant housing. +(e) (1) Relief granted pursuant to this section may modify residential distance restrictions to comport with the geographic constraints within the subject county but modifications shall be narrowly crafted in order to substantially comply with the intent of the people in approving Section 3003.5. +(2) The court may, if necessary, bifurcate the application of residency restrictions so as to apply discrete restrictions to those who have been convicted of child molestation or other felony sex offenses involving victims under 18 years of age. +(f) If relief is granted or denied pursuant to this section, no subsequent petition shall be heard, unless the petitioner or petitioners establish in the petition, to the satisfaction of the court, both of the following: +(1) There has been a change of circumstances based upon a substantial decline in the availability of compliant housing. +(2) There has been a corresponding increase in the percentage of sex offenders who are unable to comply with the residency restriction due to the change of circumstances described in paragraph (1) since the court ruling on the prior petition. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to protect the public at the earliest possible time, it is necessary that this act take effect immediately.","Existing law, as amended by Proposition 83 at the November 7, 2006, statewide general election, prohibits any person who is required to register pursuant to the Sex Offender Registration Act from residing within 2,000 feet of any public or private school, or park where children regularly gather. +This bill would require that the 2,000-foot residency restriction be measured by the shortest practical pedestrian or vehicle path. The bill would limit the residency restriction to persons convicted of specified offenses. The bill would clarify that the state parole authority shall enforce the residency restriction except under specified conditions. The bill would permit a person who is subject to the residency restriction to petition the superior court of the county within which he or she resides for relief from the requirement. The bill would provide that original jurisdiction for the petition would lie with the appellate division of the superior court in which the petition is filed. The bill would require the petitioner to establish by a preponderance of the evidence that there is a pervasive lack of compliant housing in the county, that the petitioner is among a substantial proportion of sex offenders subject to the residency restriction who are unable to find compliant housing, and that the housing restriction is the principal reason that those without a residence have been unable to find housing. The bill would allow relief to modify the residential distance restrictions if that relief is narrowly crafted, and would allow the court to bifurcate the application of residency restrictions so as to apply discrete restrictions to those who have been convicted of child molestation or other felony sex offenses involving victims under 18 years of age. The bill would prohibit a subsequent petition from being heard if relief is granted or denied, unless the petitioner establishes in the petition, to the satisfaction of the court, that circumstances regarding compliant housing have changed, as provided. +Proposition 83 permits the Legislature, by a vote of +2/3 +of the membership of each house and in accordance with specified procedures, to amend the provisions of the act. +By amending Proposition 83, this bill would require a +2/3 +vote. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 3003.5 of, and to add Section 3003.51 to, the Penal Code, relating to sex offenders, and declaring the urgency thereof, to take effect immediately." +281,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 6 (commencing with Section 8385) is added to Division 4.1 of the Public Utilities Code, to read: +CHAPTER 6. Wildfire Mitigation +8385. +(a) For purposes of this chapter, the following shall apply: +(1) “Compliance period” means a period of approximately one year. +(2) “Electrical cooperative” has the same meaning as defined in Section 2776. +(b) The commission shall supervise an electrical corporation’s compliance with the requirements of this chapter pursuant to the Public Utilities Act (Part 1 (commencing with Section 201) of Division 1). Nothing in this chapter affects the commission’s authority or jurisdiction over an electrical cooperative or local publicly owned electrical corporation. +8386. +(a) Each electrical corporation shall construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. +(b) Each electrical corporation shall annually prepare and submit a wildfire mitigation plan for the next compliance period to the commission for review. The wildfire mitigation plan shall include: +(1) An accounting of the responsibilities of persons responsible for executing the plan. +(2) The objectives of the plan. +(3) A description of the preventive strategies and programs to be adopted by the electrical corporation to minimize the risk of its electrical lines and equipment causing catastrophic wildfires. +(4) A description of the metrics the electrical corporation plans to use to evaluate the plan’s performance and the assumptions that underlie the use of those metrics. +(5) A discussion of how the application of previously identified metrics to previous plan performances has informed the plan. +(6) A description of the processes and procedures the electrical corporation will use to do the following: +(A) Monitor and audit the implementation of the plan. +(B) Identify any deficiencies in the plan or the plan’s implementation and correct those deficiencies. +(C) Monitor and audit the effectiveness of electrical line and equipment inspections, including inspections performed by contractors, carried out under the plan and other applicable statutes and commission rules. +(7) Any other information that the commission may require. +(c) The commission shall act expeditiously, but no later than 30 days before the beginning of the compliance period, to review and comment on the electrical corporation’s wildfire mitigation plan. +(d) The commission shall provide the electrical corporation with an opportunity to amend a wildfire mitigation plan in response to commission comments within 30 days. +(e) The commission shall conduct or contract for audits to determine if an electrical corporation is satisfactorily complying with its wildfire mitigation plan. +(f) The commission may contract with an independent third party to evaluate wildfire mitigation plans or to conduct audits and inspections authorized by this section, and may require electrical corporations to reimburse any related expenses. +8387. +(a) Each local publicly owned electric utility and electrical cooperative shall construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. +(b) The governing board of the local publicly owned electric utility or electrical cooperative shall determine, based on historical fire data and local conditions, and in consultation with the fire departments or other entities responsible for control of wildfires within the geographical area where the utility’s overhead electrical lines and equipment are located, whether any portion of that geographical area has a significant risk of catastrophic wildfire resulting from those electrical lines and equipment. +(c) If, pursuant to subdivision (b), the governing board determines that there is a significant risk of catastrophic wildfire resulting from the utility’s electrical lines and equipment, the local publicly owned electric utility or electrical cooperative shall, at an interval determined by the board, present to the board for its approval those wildfire mitigation measures the utility intends to undertake to minimize the risk of its overhead electrical lines and equipment causing a catastrophic wildfire. +(d) A fire prevention plan prepared by the local publicly owned electric utility or electrical cooperative, submitted to and approved by a federal agency as a license condition pursuant to subsection (e) of Section 4 of the Federal Power Act (16 U.S.C. Sec. 797 (e)) may, at the discretion of the governing board, be deemed to meet the requirements of this chapter for those areas covered by the fire prevention plan. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The California Constitution establishes the Public Utilities Commission, authorizes the commission to establish rules for all public utilities, subject to control by the Legislature, and authorizes the Legislature, unlimited by the other provisions of the California Constitution, to confer additional authority and jurisdiction upon the commission that is cognate and germane to the regulation of public utilities. The Public Utilities Act provides the commission with broad authority over public utilities, including electrical corporations, while local publicly owned electric utilities and electrical cooperatives are under the direction of their governing boards. Existing law establishes requirements for equipment, practices, and facilities for public utilities, including standards, enforceable by the commission, for installation and maintenance of wires or cables used to conduct electricity. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. +This bill would require each electrical corporation, local publicly owned electric utility, and electrical cooperative to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. The bill would require each electrical corporation to annually prepare a wildfire mitigation plan. The bill would require each electrical corporation to submit its plan to the commission for review, as specified. The bill would require the commission to review and comment on the submitted plan, as specified. The bill would require the governing board of a local publicly owned electric utility or electrical cooperative to determine whether any portion of the geographical area where the utility’s overhead electrical lines and equipment are located has a significant risk of catastrophic wildfire resulting from those electrical lines and equipment and, if so, would require the local publicly owned electric utility or electrical cooperative, at an interval determined by the board, to present to the board for its approval those wildfire mitigation measures the utility intends to undertake to minimize the risk of its overhead electrical lines and equipment causing a catastrophic wildfire. By placing additional duties upon local publicly owned electric utilities, the bill would impose a state-mandated local program. Because a violation of these provisions by an electrical corporation would be a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for specified reasons.","An act to add Chapter 6 (commencing with Section 8385) to Division 4.1 of the Public Utilities Code, relating to public utilities." +282,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature hereby finds and declares all of the following: +(a) California’s 4,200 units of local government have issued $1.5 trillion in debt since 1984. The California Debt and Investment Advisory Commission (CDIAC) was created in 1982 to provide information, education, and technical assistance on debt issuance and investments to local public agencies and other public finance professionals. Over the past three decades, CDIAC has emerged as a national thought leader in public finance. +(b) Nationally, there is approximately $3.7 trillion of state and local government debt outstanding. Of all outstanding state and local government debt, approximately 75 percent is held by households and mutual funds owned predominantly by households. State governments, local governments, and their stakeholders benefit from better data about public debt. Transparency on public debt promotes better government and market integrity. It is in the interest of the people that state and local agencies utilize technological opportunities to provide transparency to the public. +(c) State and local agencies should adopt comprehensive written debt management policies pursuant to the recommendation of the Government Finance Officers Association, a professional organization of over 18,000 public officials united to enhance and promote the professional management of governmental financial resources. These policies should reflect local, state, and federal laws and regulations. +(d) It is the intent of the Legislature that all debt issuance of state and of local governments be published in a single, transparent online database that allows the citizens of California to analyze, interpret, and understand how debt authorized by the public is utilized to finance facilities and services at the state and local level. +SEC. 2. +Section 8855 of the Government Code is amended to read: +8855. +(a) There is created the California Debt and Investment Advisory Commission, consisting of nine members, selected as follows: +(1) The Treasurer, or his or her designee. +(2) The Governor or the Director of Finance. +(3) The Controller, or his or her designee. +(4) Two local government finance officers appointed by the Treasurer, one each from among persons employed by a county and by a city or a city and county of this state, experienced in the issuance and sale of municipal bonds and nominated by associations affiliated with these agencies. +(5) Two Members of the Assembly appointed by the Speaker of the Assembly. +(6) Two Members of the Senate appointed by the Senate Committee on Rules. +(b) (1) The term of office of an appointed member is four years, but appointed members serve at the pleasure of the appointing power. In case of a vacancy for any cause, the appointing power shall make an appointment to become effective immediately for the unexpired term. +(2) Any legislators appointed to the commission shall meet with and participate in the activities of the commission to the extent that the participation is not incompatible with their respective positions as Members of the Legislature. For purposes of this chapter, the Members of the Legislature shall constitute a joint interim legislative committee on the subject of this chapter. +(c) The Treasurer shall serve as chairperson of the commission and shall preside at meetings of the commission. +(d) Appointed members of the commission shall not receive a salary, but shall be entitled to a per diem allowance of fifty dollars ($50) for each day’s attendance at a meeting of the commission not to exceed three hundred dollars ($300) in any month, and reimbursement for expenses incurred in the performance of their duties under this chapter, including travel and other necessary expenses. +(e) The commission may adopt bylaws for the regulation of its affairs and the conduct of its business. +(f) The commission shall meet on the call of the chairperson, at the request of a majority of the members, or at the request of the Governor. A majority of all nonlegislative members of the commission constitutes a quorum for the transaction of business. +(g) The office of the Treasurer shall furnish all administrative assistance required by the commission. +(h) The commission shall do all of the following: +(1) Assist all state financing authorities and commissions in carrying out their responsibilities as prescribed by law, including assistance with respect to federal legislation pending in Congress. +(2) Upon request of any state or local government units, to assist them in the planning, preparation, marketing, and sale of debt issues to reduce cost and to assist in protecting the issuer’s credit. +(3) Collect, maintain, and provide comprehensive information on all state and all local debt authorization and issuance, track and report on all state and local outstanding debt until fully repaid or redeemed, and serve as a statistical clearinghouse for all state and local debt. This information shall be available to the public. +(4) Maintain contact with state and municipal bond issuers, underwriters, credit rating agencies, investors, and others to improve the market for state and local government debt issues. +(5) Undertake or commission studies on methods to reduce the costs and improve credit ratings of state and local issues. +(6) Recommend changes in state laws and local practices to improve the sale and servicing of state and local debts. +(7) Establish a continuing education program for local officials having direct or supervisory responsibility over municipal investments and debt issuance. The commission shall undertake these and any other activities necessary to disclose investment and debt issuance practices and strategies that may be conducive for oversight purposes. +(8) Collect, maintain, and provide information on local agency investments of public funds for local agency investment. +(9) Publish a monthly newsletter describing and evaluating the operations of the commission during the preceding month. +(i) (1) The issuer of any proposed debt issue of state or local government shall, no later than 30 days prior to the sale of any debt issue, submit a report of the proposed issuance to the commission by any method approved by the commission. This subdivision shall also apply to any nonprofit public benefit corporation incorporated for the purpose of acquiring student loans. The commission may require information to be submitted in the report of proposed debt issuance that it considers appropriate. Failure to submit the report shall not affect the validity of the sale. The report of proposed debt issuance shall include a certification by the issuer that it has adopted local debt policies concerning the use of debt and that the contemplated debt issuance is consistent with those local debt policies. A local debt policy shall include all of the following: +(A) The purposes for which the debt proceeds may be used. +(B) The types of debt that may be issued. +(C) The relationship of the debt to, and integration with, the issuer’s capital improvement program or budget, if applicable. +(D) Policy goals related to the issuer’s planning goals and objectives. +(E) The internal control procedures that the issuer has implemented, or will implement, to ensure that the proceeds of the proposed debt issuance will be directed to the intended use. +(2) In the case of an issue of bonds the proceeds of which will be used by a governmental entity other than the issuer, the issuer may rely upon a certification by that other governmental entity that it has adopted the policies described in subparagraphs (C), (D), and (E) of paragraph (1), and references to the “issuer” in those subparagraphs shall be deemed to refer instead to the other governmental entity. +(j) The issuer of any debt issue of state or local government, not later than 21 days after the sale of the debt, shall submit a report of final sale to the commission by any method approved by the commission. A copy of the final official statement for the issue shall accompany the report of final sale. If there is no official statement, the issuer shall provide each of the following documents, if they exist, along with the report of final sale: +(1) Other disclosure document. +(2) Indenture. +(3) Installment sales agreement. +(4) Loan agreement. +(5) Promissory note. +(6) Bond purchase contract. +(7) Resolution authorizing the issue. +(8) Bond specimen. +The commission may require information to be submitted in the report of final sale that it considers appropriate. The issuer may redact confidential information contained in the documents if the redacted information is not information that is otherwise required to be reported to the commission. +(k) (1) A public agency, whether state or local, shall submit an annual report for any issue of debt for which it has submitted a report of final sale pursuant to subdivision (j) on or after January 21, 2017. The annual report shall cover a reporting period from July 1 to June 30, inclusive, and shall be submitted no later than seven months after the end of the reporting period by any method approved by the commission. Before approving any annual method of reporting pursuant to this subdivision, the commission shall consult with appropriate state and local debt issuers and organizations representing debt issuers for purposes that shall include, but not be limited to, making a proposed reporting method more efficient and less burdensome for issuers. The annual report shall consist of the following information: +(A) Debt authorized during the reporting period, which shall include the following: +(i) Debt authorized at the beginning of the reporting period. +(ii) Debt authorized and issued during the reporting period. +(iii) Debt authorized but not issued at the end of the reporting period. +(iv) Debt authority that has lapsed during the reporting period. +(B) Debt outstanding during the reporting period, which shall include the following: +(i) Principal balance at the beginning of the reporting period. +(ii) Principal paid during the reporting period. +(iii) Principal outstanding at the end of the reporting period. +(C) The use of proceeds of issued debt during the reporting period, which shall include the following: +(i) Debt proceeds available at the beginning of the reporting period. +(ii) Proceeds spent during the reporting period and the purposes for which it was spent. +(iii) Debt proceeds remaining at the end of the reporting period. +(2) Compliance with this subdivision shall be required for each issue of debt with outstanding debt, debt that has been authorized but not issued, or both, during the reporting period. +(3) The commission may, if technology permits, develop an alternate reporting method, provided that any alternate reporting method is in furtherance of the purpose of collecting the data required by this subdivision. Before approving any alternate annual method of reporting pursuant to this subdivision, the commission shall consult with appropriate state and local debt issuers and organizations representing debt issuers for purposes that shall include, but not be limited to, making a proposed reporting method more efficient and less burdensome for issuers.","Existing law establishes the California Debt and Investment Advisory Commission to, among other things, maintain contact with state and municipal bond issuers, underwriters, investors, and credit rating agencies to improve the market for state and local government debt issues and to assist state and local governments to prepare, market, and sell their debt issues. Existing law requires the commission to collect, maintain, and provide comprehensive information on all state and all local debt authorization and issuance and to serve as a statistical clearinghouse for all state and local debt issuance. +This bill would additionally require the commission to track and report on all state and local outstanding debt until fully repaid or redeemed. +Existing law requires the issuer of debt of state or local government to submit reports to the commission, within specified timeframes, of the proposed issuance of debt and of final sale, as provided. +This bill would require that the report of proposed debt include a certification by the issuer that it has adopted local debt policies, which include specified provisions concerning the use of debt and that the contemplated debt issuance is consistent with those local debt policies. +This bill would also require a state or local public agency to submit an annual report for any issue of debt for which it has submitted a report of final sale on or after January 21, 2017. The bill would require the annual report to cover a reporting period of July 1 to June 30, inclusive, and to include specified information about debt issued and outstanding and the use of proceeds from debt during the reporting period. The bill would require that the report be submitted within 7 months after the end of the reporting period by any method approved by the commission. The bill would require the commission to consult with appropriate state and local debt issuers and organizations representing debt issuers prior to approving any annual method of reporting pursuant to these provisions, as provided. +This bill would make various findings and declarations regarding its provisions.","An act to amend Section 8855 of the Government Code, relating to state government." +283,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 5343.5 of the +Food and Agricultural Code +is amended to read: +5343.5. +At any inspection station maintained at or near the California border by the director pursuant to Section 5341, the following sign shall be conspicuously posted in block letters not less than four inches in height: + + +“NOTICE: IF YOU ARE A CALIFORNIA RESIDENT, CALIFORNIA LAW AND THE FEDERAL GUN CONTROL ACT MAY PROHIBIT YOU FROM BRINGING WITH YOU INTO THIS STATE FIREARMS THAT YOU ACQUIRED OUTSIDE OF THIS STATE. +IN ADDITION, IF YOU ARE A NEW CALIFORNIA RESIDENT, STATE LAW REGULATES YOUR BRINGING INTO CALIFORNIA HANDGUNS AND OTHER DESIGNATED FIREARMS AND MANDATES THAT SPECIFIC PROCEDURES BE FOLLOWED. +IF YOU HAVE ANY QUESTIONS ABOUT THE PROCEDURES TO BE FOLLOWED IN BRINGING FIREARMS INTO CALIFORNIA OR TRANSFERRING FIREARMS WITHIN CALIFORNIA, YOU SHOULD CONTACT THE CALIFORNIA DEPARTMENT OF JUSTICE OR A LOCAL CALIFORNIA LAW ENFORCEMENT AGENCY.” + + +SEC. 2. +SECTION 1. +Section 803 of the Penal Code is amended to read: +803. +(a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. +(b) No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter. +(c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses: +(1) Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93. +(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10. +(3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code. +(4) A violation of Section 1090 or 27443 of the Government Code. +(5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code. +(6) Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code. +(7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code. +(8) A violation of Section 22430 of the Business and Professions Code. +(9) A violation of Section 103800 of the Health and Safety Code. +(10) A violation of Section 529a. +(11) A violation of subdivision (d) or (e) of Section 368. +(d) If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations. +(e) A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code. +(f) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under 18 years of age, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object. +(2) This subdivision applies only if all of the following occur: +(A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired. +(B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual. +(C) There is independent evidence that corroborates the victim’s allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim’s allegation. +(3) No evidence may be used to corroborate the victim’s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals. +(4) (A) In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation. +(B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege. +(C) This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith. +(g) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met: +(A) The crime is one that is described in subdivision (c) of Section 290. +(B) The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense. +(2) For purposes of this section, “DNA” means deoxyribonucleic acid. +(h) For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product. +(i) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647. +(j) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense. +(k) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense. +(l) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code. +(m) A limitation of time prescribed in this chapter does not commence to run until one year from the discovery +of +of, but in no event later than five years after the commission of, +a violation of Section 27500, +27505, +27510, +27515, 27520, 27545, 27560, 27565, 27585, subdivision (a), (c), (d), (e), or (f) of Section 27540, or the discovery of the supplying, selling, giving, or allowing possession or control of a firearm in violation of Section 8101 of the Welfare and Institutions Code. +or 27515.","Existing law requires the Secretary of Food and Agriculture to maintain quarantine inspection stations. Existing law requires that a sign be conspicuously posted at any inspection station maintained at or near the California border stating that the federal Gun Control Act of 1968 may prohibit persons from bringing firearms into the state that were acquired outside of the state. +The bill would require that these inspection station signs also state that California law may prohibit a person from bringing a firearm into the state that was acquired outside of the state. +Existing law prescribes the statute of limitations for filing various criminal complaints. +This bill would provide that, notwithstanding any other statute of limitation for filing a criminal complaint, the limitation of time would not commence until one year after discovery +of +of, but in no event later than 5 years after the commission of, +the violation for specified offense involving the transfer of firearms, including, among others, violating prohibitions against transferring a firearm to a person who is prohibited from possessing a firearm, +and +transferring +a firearm to a minor or +a handgun to a person under 21 years of +age, and failing to complete a firearm transfer through a firearms dealer as required. +age. +Existing law generally regulates the sale and transfer of firearms. Existing law requires a firearms transaction conducted by a firearms dealer to include, among other things, a background check of the purchaser, and certain personal information about the purchaser to be submitted to the department. Existing law requires a firearm transfer between 2 persons, neither of whom are a firearms dealer, to be conducted through a dealer. Similarly, existing law requires a person who imports or transports a firearm into this state that was obtained outside of the state to have the firearm delivered to a dealer for delivery to that person. +This bill would provide a return process for firearms obtained under the circumstances described above and in violation of the requirement that a firearms dealer conduct the transfer. The bill would require the owner of the firearm to deliver the firearm to a firearms dealer, who would report taking possession of the firearm to the department, and would require the firearm to be returned to the prior owner after a background check and other requirements that apply to a firearms transaction conducted by a dealer have been met. A violation of these provisions by a dealer would be a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. +The bill would make conforming changes to other provisions of law relating to records of firearms transactions kept by the department and a firearms dealer. The bill would, for firearms complying with those return provisions, make conforming changes to other provisions of law that provide exceptions from various prohibitions, including, among others, exceptions to the prohibition against carrying a concealed firearm, to the prohibition against openly carrying a firearm, and to carrying a firearm that is not a handgun in public. The bill would, for firearms returned pursuant to the return provisions, also make exceptions to other provisions of law requiring firearm safety devices, firearm safety certificates, and regulating unsafe handguns. +Existing law makes it a crime for a person, corporation, or firm to sell, loan, or transfer a firearm to a minor or sell a handgun to an individual under 21 years of age. Existing law makes it a crime for a firearms dealer to supply, deliver, or give possession or control of a handgun to any person under 21 years of age, or any other firearm to a person under 18 years of age. Existing law makes these crimes punishable as a misdemeanor, except that in the case of a handgun the crimes are punishable as a misdemeanor or a felony, as specified. +This bill would make these crimes punishable as a misdemeanor or felony, as specified, in the case of a centerfire semiautomatic rifle. +Existing law, subject to exceptions, requires a firearms dealer to comply with certain requirements when delivering a firearm to a person, including, among others, that the firearm is not delivered within 10 days of the application to purchase and is not delivered to a person that the Department of Justice has notified the dealer is prohibited from receiving a firearm. Existing law makes a violation of these provisions a misdemeanor, except that in the case of a handgun the violation is a misdemeanor or a felony, as specified. +This bill would make a violation of those provisions, in the case of a centerfire semiautomatic rifle, punishable as a misdemeanor or a felony, as specified. +By creating new crimes, this bill would impose a state-mandated local program. +Existing law requires reports of ownership be filed within certain grace periods for firearms brought or imported into the state by a personal firearms importer or licensed collector. Existing law makes a violation of these provisions a misdemeanor. +This bill would make a violation of those provisions, in the case of a handgun, punishable as a misdemeanor or a felony. +By increasing the penalty for an existing offense, this bill would impose a state-mandated local program. +The bill would provide that the violations of failing to process a firearms transaction through a dealer when neither party to the transaction is a dealer, and of importing a firearm without it going to a dealer for delivery to the importer would not apply if the only evidence of the violation arises because of information supplied to the Department of Justice in connection with the return process described above. +Existing law prohibits a person, corporation, or dealer from acquiring a firearm for the purpose of selling, loaning, or transferring the firearm if the dealer has the intent to transfer the firearm to a minor or to evade specified requirements on the transfer of firearms, or in the case of a person, if the person intends to violate the requirement that the transaction be conducted through a licensed firearms dealer. A violation of these provisions is punishable as a misdemeanor or a felony. +This bill would similarly prohibit a person, corporation, or dealer from transporting a firearm or bringing a firearm into this state for the purpose of selling, loaning, or transferring the firearm with the intent specified above. By expanding the definition of a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section +5343.5 of the Food and Agricultural Code, and to amend Sections 803, 11106, 23635, 23690, 25560, 26405, 26825, 26880, 26885, 27520, 27570, 27590, 28160, 28200, 31700, and 32110 of, to add Article 3.5 (commencing with Section 28270) to Chapter 6 of Division 6 of Title 4 of Part 6 of, and to repeal and add Section 26379 of, +803 +of +the Penal Code, relating to firearms." +284,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 87408.6 of the Education Code is amended to read: +87408.6. +(a) (1) Except as provided in subdivision (h), a person shall not be initially employed by a community college district in an academic or classified position unless the person has within the last 60 days submitted to a tuberculosis risk assessment developed by the State Department of Public Health and the California Tuberculosis Controllers Association and, if risk factors are present, an examination to determine that he or she is free of active tuberculosis, by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code. This examination shall consist of an approved intradermal tuberculin test or any other test for tuberculosis infection recommended by the federal Centers for Disease Control and Prevention (CDC) and licensed by the federal Food and Drug Administration (FDA), that, if positive, shall be followed by an X-ray of the lungs. +(2) The X-ray film may be taken by a competent and qualified X-ray technician if the X-ray film is subsequently interpreted by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. +(3) The district superintendent, or his or her designee, may exempt, for a period not to exceed 60 days following termination of the pregnancy, a pregnant employee from the requirement that a positive intradermal tuberculin test be followed by an X-ray of the lungs. +(b) Thereafter, employees who are skin test negative, or negative by any other test recommended by the CDC and licensed by the FDA, or were not tested because of a lack of risk factors, shall be required to undergo the foregoing tuberculosis risk assessment and, if risk factors exist, examination at least once each four years or more often if directed by the governing board upon recommendation of the local health officer for so long as the employee remains test negative by either the tuberculin skin test or any other test recommended by the CDC and licensed by the FDA. Once an employee has a documented positive skin test or any other test that has been recommended by the CDC and licensed by the FDA that has been followed by an X-ray, the foregoing tuberculosis risk assessments and examinations shall no longer be required, and referral shall be made within 30 days of completion of the examination to the local health officer to determine the need for followup care. +(c) If risk factors were present at the tuberculosis risk assessment and an examination occurs, after the examination an employee shall cause to be on file with the district superintendent a certificate from the examining physician and surgeon or physician assistant showing the employee was examined and found free from active tuberculosis. “Certificate,” as used in this subdivision, means a certificate signed by the examining physician and surgeon or physician assistant, or a notice from a public health agency or unit of the American Lung Association that indicates freedom from active tuberculosis. The latter, regardless of form, shall constitute evidence of compliance with this section. +(d) This tuberculosis risk assessment and, if risk factors are present, examination is a condition of initial employment and the expense incident thereto shall be borne by the applicant unless otherwise provided by rules of the governing board. However, the board may, if an applicant is accepted for employment, reimburse the person in a like manner prescribed for employees in subdivision (e). +(e) The governing board of each district shall reimburse the employee for the cost, if any, of the examination. The board may provide for the examination required by this section or may establish a reasonable fee for the examination that is reimbursable to employees of the district complying with this section. +(f) (1) At the discretion of the governing board, this section does not apply to those employees not requiring certification qualifications who are employed for any period of time less than a college year whose functions do not require frequent or prolonged contact with students. +(2) The governing board may, however, require the tuberculosis risk assessment and, if risk factors are present, examination and may, as a contract condition, require the assessment and examination of persons employed under contract, other than those persons specified in subdivision (a), if the board believes the presence of these persons in and around college premises would constitute a health hazard to students. +(g) If the governing board of a community college district determines by resolution, after hearing, that the health of students in the district would not be jeopardized thereby, this section does not apply to any employee of the district who files an affidavit stating that he or she adheres to the faith or teachings of any well-recognized religious sect, denomination, or organization and in accordance with its creed, tenets, or principles depends for healing upon prayer in the practice of religion and that to the best of his or her knowledge and belief he or she is free from active tuberculosis. If at any time there should be probable cause to believe that the affiant is afflicted with active tuberculosis, he or she may be excluded from service until the governing board of the employing district is satisfied that he or she is not so afflicted. +(h) (1) A person who transfers his or her employment from one campus or community college district to another shall be deemed to meet the requirements of subdivision (a) if the person can produce a certificate that shows that he or she within the past four years had a tuberculosis risk assessment that showed no risk factors were present or was examined and was found to be free of communicable tuberculosis, or if it is verified by the college previously employing him or her that it has a certificate on file that contains that showing. +(2) A person who transfers his or her employment from a private or parochial elementary school, secondary school, or nursery school to the community college district subject to this section shall be deemed to meet the requirements of subdivision (a) if the person can produce a certificate as provided for in Section 121525 of the Health and Safety Code that shows that he or she within the last four years had a tuberculosis risk assessment that showed no risk factors were present or was examined and was found to be free of communicable tuberculosis, or if it is verified by the school previously employing him or her that it has the certificate on file. +(i) (1) Any governing board of a community college district providing for the transportation of students under contract shall require as a condition of the contract the tuberculosis risk assessment and, if risk factors are present, examination for active tuberculosis, as provided in subdivision (a), of all drivers transporting the students. Privately contracted drivers who transport the students on an infrequent basis, not to exceed once a month, shall be excluded from this requirement. +(2) Examinations required pursuant to this subdivision shall be made available without charge by the local health officer.","Existing law prohibits a person from being employed by a community college in an academic or classified position unless the person has submitted to a tuberculosis examination within the past 60 days to determine that he or she is free of active tuberculosis. +This bill would instead prohibit employment unless the person, within 60 days, has submitted to a tuberculosis risk assessment and, if tuberculosis risk factors are identified, has undergone a tuberculosis examination.","An act to amend Section 87408.6 of the Education Code, relating to community colleges." +285,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 40240 of the Vehicle Code is amended to read: +40240. +(a) Subject to subdivision (g), the City and County of San Francisco and the Alameda-Contra Costa Transit District may install automated forward facing parking control devices on city-owned or district-owned public transit vehicles, as defined by Section 99211 of the Public Utilities Code, for the purpose of video imaging of parking violations occurring in transit-only traffic lanes. Citations shall be issued only for violations captured during the posted hours of operation for a transit-only traffic lane. The devices shall be angled and focused so as to capture video images of parking violations and not unnecessarily capture identifying images of other drivers, vehicles, and pedestrians. The devices shall record the date and time of the violation at the same time as the video images are captured. +(b) Prior to issuing notices of parking violations pursuant to subdivision (a) of Section 40241, the City and County of San Francisco and the Alameda-Contra Costa Transit District shall commence a program to issue only warning notices for 30 days. The City and County of San Francisco and the Alameda-Contra Costa Transit District shall also make a public announcement of the program at least 30 days prior to commencement of issuing notices of parking violations. +(c) A designated employee of the City and County of San Francisco, or a contracted law enforcement agency for the Alameda-Contra Costa Transit District, who is qualified by the city and county or the district to issue parking citations, shall review video image recordings for the purpose of determining whether a parking violation occurred in a transit-only traffic lane. A violation of a statute, regulation, or ordinance governing vehicle parking under this code, under a federal or state statute or regulation, or under an ordinance enacted by the City and County of San Francisco or the Alameda-Contra Costa Transit District occurring in a transit-only traffic lane observed by the designated employee in the recordings is subject to a civil penalty. +(d) The registered owner shall be permitted to review the video image evidence of the alleged violation during normal business hours at no cost. +(e) (1) Except as it may be included in court records described in Section 68152 of the Government Code, or as provided in paragraph (2), the video image evidence may be retained for up to six months from the date the information was first obtained, or 60 days after final disposition of the citation, whichever date is later, after which time the information shall be destroyed. +(2) Notwithstanding Section 26202.6 of the Government Code, video image evidence from forward facing automated enforcement devices that does not contain evidence of a parking violation occurring in a transit-only traffic lane shall be destroyed within 15 days after the information was first obtained. +(f) Notwithstanding Section 6253 of the Government Code, or any other law, the video image records are confidential. Public agencies shall use and allow access to these records only for the purposes authorized by this article. +(g) The authority for the Alameda-Contra Costa Transit District to implement an automated enforcement system to enforce parking violations occurring in transit-only traffic lanes exists only until January 1, 2022. +(h) The following definitions shall apply for purposes of this article: +(1) “Local agency” means the City and County of San Francisco and the Alameda-Contra Costa Transit District. +(2) “Transit-only traffic lane” means any designated transit-only lane on which use is restricted to mass transit vehicles, or other designated vehicles including taxis and vanpools, during posted times. +SEC. 2. +Section 40240.5 is added to the Vehicle Code, to read: +40240.5. +(a) If the Alameda-Contra Costa Transit District implements an automated enforcement system to enforce parking violations occurring in transit-only traffic lanes pursuant to this article, the district shall provide to the transportation, privacy, and judiciary committees of the Legislature an evaluation report of the enforcement system’s effectiveness, impact on privacy, cost to implement, and generation of revenue, no later than January 1, 2021. +(b) (1) A report submitted pursuant to this section shall be submitted notwithstanding Section 10231.5 of the Government Code. +(2) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. +SEC. 3. +Section 40241 of the Vehicle Code is amended to read: +40241. +(a) A designated employee of the local agency, including a contracted law enforcement agency for the Alameda-Contra Costa Transit District, shall issue a notice of parking violation to the registered owner of a vehicle within 15 calendar days of the date of the violation. The notice of parking violation shall set forth the violation of a statute, regulation, or ordinance governing vehicle parking under this code, under a federal or state statute or regulation, or under an ordinance enacted by the City and County of San Francisco or the Alameda-Contra Costa Transit District occurring in a transit-only traffic lane, a statement indicating that payment is required within 21 calendar days from the date of citation issuance, and the procedure for the registered owner, lessee, or rentee to deposit the parking penalty or contest the citation pursuant to Section 40215. The notice of parking violation shall also set forth the date, time, and location of the violation, the vehicle license number, registration expiration date, if visible, the color of the vehicle, and, if possible, the make of the vehicle. The notice of parking violation, or copy of the notice, shall be considered a record kept in the ordinary course of business of the City and County of San Francisco or the Alameda-Contra Costa Transit District and shall be prima facie evidence of the facts contained in the notice. The City and County of San Francisco or the Alameda-Contra Costa Transit District shall send information regarding the process for requesting review of the video image evidence along with the notice of parking violation. +(b) The notice of parking violation shall be served by depositing the notice in the United States mail to the registered owner’s last known address listed with the Department of Motor Vehicles. Proof of mailing demonstrating that the notice of parking violation was mailed to that address shall be maintained by the local agency. If the registered owner, by appearance or by mail, makes payment to the processing agency or contests the violation within either 21 calendar days from the date of mailing of the citation, or 14 calendar days after the mailing of the notice of delinquent parking violation, the parking penalty shall consist solely of the amount of the original penalty. +(c) If, within 21 days after the notice of parking violation is issued, the local agency determines that, in the interest of justice, the notice of parking violation should be canceled, the local agency shall cancel the notice of parking violation pursuant to subdivision (a) of Section 40215. The reason for the cancellation shall be set forth in writing. +(d) Following an initial review by the local agency, and an administrative hearing, pursuant to Section 40215, a contestant may seek court review by filing an appeal pursuant to Section 40230. +(e) The City and County of San Francisco or the contracted law enforcement agency for the Alameda-Contra Costa Transit District may contract with a private vendor for the processing of notices of parking violations and notices of delinquent violations. The City and County of San Francisco and the Alameda-Contra Costa Transit District shall maintain overall control and supervision of the program. +SEC. 4. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to enforcing parking violations in the Alameda-Contra Costa Transit District. +SEC. 5. +The Legislature finds and declares that Section 1 of this act, which amends Section 40240 of the Vehicle Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +In order to protect the individual privacy rights of those individuals depicted in video camera footage relating to parking violations, it is necessary that this act limit the public’s right of access to the images captured by an automated parking control device installed on Alameda-Contra Costa Transit District-owned public transit vehicles.","Existing law authorizes the City and County of San Francisco (San Francisco) to enforce parking violations in specified transit-only traffic lanes through the use of video imaging, and authorizes San Francisco to install automated forward facing parking control devices on city-owned public transit vehicles for the purpose of video imaging parking violations occurring in transit-only traffic lanes. Existing law requires a designated employee, who is qualified by San Francisco, to review video image recordings for the purpose of determining whether a parking violation occurred in a transit-only traffic lane, and to issue a notice of parking violation to a registered owner of a vehicle within 15 calendar days of the date of the violation. Existing laws makes these video image records confidential, and provides that these records are available only to public agencies to enforce parking violations. Existing law establishes the Alameda-Contra Costa Transit District. +This bill would extend the provisions to the Alameda-Contra Costa Transit District, thereby authorizing the district to enforce parking violations in specified transit-only traffic lanes through the use of video imaging evidence and to install automated forward facing parking control devices on district-owned public transit vehicles. The bill would repeal the authority for the Alameda-Contra Costa Transit District to implement an automated enforcement system to enforce parking violations occurring in transit-only traffic lanes on January 1, 2022. +This bill would require, under designated circumstances, the district and the City and County of San Francisco to submit to the transportation, privacy, and judiciary committees of the Legislature evaluations of the automated enforcement system’s effectiveness, impact on privacy, cost to implement, and generation of revenue, no later than January 1, 2021. +This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco and the Alameda-Contra Costa Transit District. +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to amend Sections 40240 and 40241 of, and to add Section 40240.5 to, the Vehicle Code, relating to vehicles." +286,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12927 of the Government Code is amended to read: +12927. +As used in this part in connection with housing accommodations, unless a different meaning clearly appears from the context: +(a) “Affirmative actions” means any activity for the purpose of eliminating discrimination in housing accommodations because of race, color, religion, sex, marital status, national origin, ancestry, familial status, or disability. +(b) “Conciliation council” means a nonprofit organization, or a city or county human relations commission, which provides education, factfinding, and mediation or conciliation services in resolution of complaints of housing discrimination. +(c) (1) “Discrimination” includes refusal to sell, rent, or lease housing accommodations; includes refusal to negotiate for the sale, rental, or lease of housing accommodations; includes representation that a housing accommodation is not available for inspection, sale, or rental when that housing accommodation is in fact so available; includes any other denial or withholding of housing accommodations; includes provision of inferior terms, conditions, privileges, facilities, or services in connection with those housing accommodations; includes harassment in connection with those housing accommodations; includes the cancellation or termination of a sale or rental agreement; includes the provision of segregated or separated housing accommodations; includes the refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the disabled person, if the modifications may be necessary to afford the disabled person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so condition permission for a modification on the renter’s agreeing to restore the interior of the premises to the condition that existed before the modification (other than for reasonable wear and tear), and includes refusal to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling. +(2) “Discrimination” does not include either of the following: +(A) Refusal to rent or lease a portion of an owner-occupied single-family house to a person as a roomer or boarder living within the household, provided that no more than one roomer or boarder is to live within the household, and the owner complies with subdivision (c) of Section 12955, which prohibits discriminatory notices, statements, and advertisements. +(B) Where the sharing of living areas in a single dwelling unit is involved, the use of words stating or tending to imply that the housing being advertised is available only to persons of one sex. +(d) “Housing accommodation” means any building, structure, or portion thereof that is occupied as, or intended for occupancy as, a residence by one or more families and any vacant land that is offered for sale or lease for the construction thereon of any building, structure, or portion thereof intended to be so occupied. +(e) “Owner” includes the lessee, sublessee, assignee, managing agent, real estate broker or salesperson, or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations, and includes the state and any of its political subdivisions and any agency thereof. +(f) “Person” includes all individuals and entities that are described in Section 3602(d) of Title 42 of the United States Code, and in the definition of “owner” in subdivision (e) of this section, and all institutional third parties, including the Federal Home Loan Mortgage Corporation. +(g) “Aggrieved person” includes any person who claims to have been injured by a discriminatory housing practice or believes that the person will be injured by a discriminatory housing practice that is about to occur. +(h) “Real estate-related transactions” include any of the following: +(1) The making or purchasing of loans or providing other financial assistance that is for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or that is secured by residential real estate. +(2) The selling, brokering, or appraising of residential real property. +(3) The use of territorial underwriting requirements, for the purpose of requiring a borrower in a specific geographic area to obtain earthquake insurance, required by an institutional third party on a loan secured by residential real property. +(i) “Source of income” means lawful, verifiable income paid directly to a tenant or paid to a representative of a +tenant. For the purposes of this definition, a landlord is not considered a representative of a tenant. +tenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance and federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f). +SECTION 1. +SEC. 2. +Section 12955 of the Government Code is amended to read: +12955. +It shall be unlawful: +(a) For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information of that person. +(b) For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, or genetic information of any person seeking to purchase, rent, or lease any housing accommodation. +(c) For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information or an intention to make that preference, limitation, or discrimination. +(d) For any person subject to the provisions of Section 51 of the Civil Code, as that section applies to housing accommodations, to discriminate against any person on the basis of sex, gender, gender identity, gender expression, sexual orientation, color, race, religion, ancestry, national origin, familial status, marital status, disability, genetic information, source of income, or on any other basis prohibited by that section. Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing. +(e) For any person, bank, mortgage company +, +or other financial institution that provides financial assistance for the purchase, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance. +(f) For any owner of housing accommodations to harass, evict, or otherwise discriminate against any person in the sale or rental of housing accommodations when the owner’s dominant purpose is retaliation against a person who has opposed practices unlawful under this section, informed law enforcement agencies of practices believed unlawful under this section, has testified or assisted in any proceeding under this part, or has aided or encouraged a person to exercise or enjoy the rights secured by this part. Nothing herein is intended to cause or permit the delay of an unlawful detainer action. +(g) For any person to aid, abet, incite, compel, or coerce the doing of any of the acts or practices declared unlawful in this section, or to attempt to do so. +(h) For any person, for profit, to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, source of income, familial status, or national origin. +(i) For any person or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, source of income, familial status, disability, or genetic information. +(j) To deny a person access to, or membership or participation in, a multiple listing service, real estate brokerage organization, or other service because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, familial status, source of income, or national origin. +(k) To otherwise make unavailable or deny a dwelling based on discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, or national origin. +(l) To discriminate through public or private land use practices, decisions, and authorizations because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable. +Discrimination under this subdivision also includes the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void. +(m) As used in this section, “race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information,” includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. +(n) To use a financial or income standard in the rental of housing that fails to account for the aggregate income of persons residing together or proposing to reside together on the same basis as the aggregate income of married persons residing together or proposing to reside together. +(o) In instances where there is a government rent subsidy, to use a financial or income standard in assessing eligibility for the rental of housing that is not based on the portion of the rent to be paid by the tenant. +(p) (1) For the purposes of this section, “source of income” means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance and federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f). +(2) For the purposes of this section, it shall not constitute discrimination based on source of income to make a written or oral inquiry concerning the level or source of income. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law generally prohibits housing discrimination with respect to various personal characteristics including source of income. Existing law defines “source of income” for these purposes as lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant, which does not include a landlord. +This bill would amend the definition of “source of income” to also include specified federal, state, or local housing assistance or subsidies paid either to the tenant or directly to the landlord on behalf of the tenant. +Existing law permits a person who holds an ownership interest of record in property that he or she believes is the subject of an unlawfully restrictive covenant based on, among other things, source of income, to record a Restrictive Covenant Modification, which is to include a copy of the original document with the illegal language stricken. Before recording the modification document, existing law requires the county recorder to submit the modification document and the original document to the county counsel who is required to determine whether the original document contains an unlawful restriction. +This bill, by revising the definition of source of income, would increase the requirements on a county counsel to determine if there exists an unlawfully restrictive covenant based on source of income, as described above. By creating new duties for county counsels, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend +Section +Sections 12927 and +12955 of the Government Code, relating to housing discrimination." +287,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 52.8 is added to the Civil Code, to read: +52.8. +(a) (1) A person who is injured by an act of terrorism may bring an action to recover damages against the following persons and entities: +(A) A person or entity who committed the act of terrorism. +(B) A person or entity who aided the person or entity to commit the act of terrorism. +(C) A person or entity who coerced, induced, or solicited the person or entity to commit the act of terrorism. +(2) The amount awarded may be up to three times the damages actually incurred, but in no event less than ten thousand dollars ($10,000). If the plaintiff prevails, the plaintiff shall be awarded reasonable attorney’s fees and costs of investigation and litigation. +(3) All persons or entities who commit an act of terrorism, aid the person or entity to commit the act of terrorism, or coerce, induce, or solicit the person or entity to committed the act of terrorism, shall be jointly and severally liable for all damages, attorney’s fees, and costs of investigation and litigation. +(4) Notwithstanding any law, a civil action or proceeding under this section may be commenced at any time within five years after the injury caused by the act of terrorism. If a criminal prosecution proceeds against a person or entity who committed an act of terrorism, aided the person or entity to commit the act of terrorism, or coerced, induced, or solicited the person or entity to commit the act of terrorism, the time for commencing suit shall be tolled during the pendency of that criminal prosecution. +(b) As used in this section, “terrorism” means the commission of any of the acts listed in this subdivision if the offender has the intent to intimidate or coerce the civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by intimidation or coercion. +(1) Killing of a human being, including unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8 of Part 1 of the Penal Code. +(2) Intentional infliction of great bodily injury upon a human being. +(3) Kidnapping, as defined in Section 207 of the Penal Code. +(4) Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13 of Part 1 of the Penal Code. +(5) Felony vandalism, as defined in paragraph (1) of subdivision (b) of Section 594 of the Penal Code. +(6) Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined in Section 245 of the Penal Code. +(7) Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8 of Part 1 of the Penal Code. +(8) Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Section 246 of the Penal Code. +(9) Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in subdivisions (a) and (b) of Section 26100 of the Penal Code. +(10) Rape, as defined in Section 261 of the Penal Code. +(11) Looting, as defined in Section 463 of the Penal Code. +(12) Aggravated mayhem, as defined in Section 205 of the Penal Code. +(13) Torture, as defined in Section 206 of the Penal Code. +(14) Carjacking, as defined in Section 215 of the Penal Code. +(15) Threats to commit crimes which would result in death or great bodily injury, as defined in Section 422 of the Penal Code. +(16) Using or directly employing against another person a weapon of mass destruction in a form that may cause widespread great bodily injury or death. +(17) Using a weapon of mass destruction in a form that may cause widespread damage to or disruption of the food supply or “source of drinking water” as defined in subdivision (d) of Section 25249.11 of the Health and Safety Code. +(18) Using a weapon of mass destruction in a form that may cause widespread and significant damage to public natural resources, including coastal waterways and beaches, public parkland, surface waters, groundwater, and wildlife. +(19) Using recombinant technology or any other biological advance to create new pathogens or more virulent forms of existing pathogens for use in any crime. +(20) Giving, mailing, sending, or causing to be sent any false or facsimile weapon of mass destruction to another person, or placing, causing to be placed, or possessing any false or facsimile weapon of mass destruction, with the intent to cause another person to fear for his or her own safety, or for the personal safety of others. +(21) Knowingly threatening to use a weapon of mass destruction. +(c) As used in this section, “aiding a person or entity to commit an act of terrorism” means raising, soliciting, collecting, or providing material support or resources with the intent that it will be used, in whole or in part, to plan, prepare, carry out, or aid in any act of terrorism, hindering the prosecution of terrorism, or the concealment of, or escape from, an act of terrorism. +(d) As used in this section, “hindering prosecution of terrorism” includes, but is not limited to, all of the following: +(1) Harboring or concealing a person who is known, or believed, by the offender to have committed an act of terrorism. +(2) Warning a person who is known, or believed, by the offender to have committed an act of terrorism of impending discovery or apprehension. +(3) Suppressing any physical evidence that might aid in the discovery or apprehension of a person who is known, or believed, by the offender to have committed an act of terrorism. +(e) As used in this section, “material support or resources” means currency or other financial assistance, financial services, instruments of value, lodging, training, safehouses, false documentation or identification, communication equipment, computer equipment, software, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except the provision of medical attention by a licensed health care provider or religious materials. +(f) As used in this section, “weapon of mass destruction” includes, but is not limited to, chemical warfare agents, weaponized biological or biologic warfare agents, restricted biological agents, nuclear agents, radiological agents, or the intentional release of industrial agents, as a weapon, or an aircraft, vessel, or vehicle as described in Section 34500 of the Vehicle Code, that is used as a destructive weapon.","Existing law provides that every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily harm, and from injury to his or her personal relations. Existing law authorizes the California Victim Compensation and Government Claims Board to compensate a victim of a crime from the Restitution Fund, a continuously appropriated fund, for pecuniary loss incurred as a direct result of the crime, when the board determines it will best aid the person seeking compensation. +This bill would authorize a person who is injured by an act of terrorism, as defined, to bring an action to recover damages against a person or entity who committed the act of terrorism, aided the person or entity to commit the act or terrorism, or coerced, induced, or solicited the person or entity to commit the act of terrorism. The bill would provide that the amount awarded may be up to 3 times the damages actually incurred, but in no event less than $10,000. The bill would permit a civil action or proceeding under this section to be commenced at any time within 5 years after the injury caused by the act of terrorism is suffered, as specified.","An act to add Section 52.8 to the Civil Code, relating to terrorism." +288,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 67100 of the Education Code is amended to read: +67100. +The Legislature finds and declares the following: +(a) Sections 21.4253 and 21.4254 of Title 38 of the Code of Federal Regulations require a postsecondary educational institution headquartered or operating in California desiring to enroll veterans or persons eligible for Title 38 awards in accredited and nonaccredited institutions and programs to make application for approval of these courses to the California State Approving Agency for Veterans Education, commonly known as CSAAVE, as the state approving agency legally designated pursuant to Section 3671 of Subchapter I of Chapter 36 of Title 38 of the United States Code. +(b) Sections 21.4253 and 21.4254 authorize CSAAVE to approve the application of the accredited and nonaccredited institutions when the school and its accredited and nonaccredited courses satisfy the criteria provided in Sections 21.4253 and 21.4254 and additional reasonable criteria established by CSAAVE. +(c) It is reasonable pursuant to Sections 21.4253 and 21.4254 for CSAAVE to require a postsecondary educational institution, public or private, to obtain accreditation for its degree programs, to comply with all federal and state laws and regulations, and to comply with any additional reasonable criteria established by CSAAVE. It is reasonable pursuant to Sections 21.4253 and 21.4254 for CSAAVE to require a private postsecondary institution to be issued an approval to operate from the Bureau for Private Postsecondary Education. +SEC. 2. +Section 67102 of the Education Code is amended to read: +67102. +As used in this chapter, the following terms have the following meanings: +(a) An “academic year” is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included. +(b) “CSAAVE” is the California State Approving Agency for Veterans Education. +(c) (1) “Qualifying institution” means a degree-granting institution that complies with paragraphs (2), (3), and (4), or a nondegree-granting institution that complies with paragraphs (2) and (4). +(2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the Internet Web site of a California licensing or regulatory agency. For purposes of this paragraph, “provide” may exclusively include placement of an Internet Web site address labeled as an access point for the data on the passage rates of recent program graduates on the Internet Web site where enrollment information is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students. +(B) The institution shall be responsible for certifying to CSAAVE compliance with the requirements of subparagraph (A). +(3) (A) A degree-granting institution shall provide evidence of accreditation of the institution and of all degree programs to CSAAVE. The accrediting agency shall be recognized by the United States Department of Education. An unaccredited degree-granting institution participating in the Title 38 award program on January 1, 2015, shall satisfy both of the following to remain eligible to receive Title 38 awards: +(i) The institution shall obtain and provide evidence to CSAAVE of its candidacy or preaccreditation status, with an accrediting agency recognized by the United States Department of Education, by January 1, 2016, for the institution to be eligible for Title 38 awards for the academic year of 2015–16 or 2016–17, or both. +(ii) The institution shall obtain and provide evidence to CSAAVE of accreditation from the accrediting agency with which it had candidacy or preaccreditation status by January 1, 2017, for the institution to be eligible for Title 38 awards for the academic year of 2017–18, and each academic year thereafter. +(B) If an unaccredited degree-granting institution participating in the Title 38 award program fails to satisfy the accreditation requirements provided in clause (i) of subparagraph (A), a veteran enrolled in a degree program offered by the institution prior to January 1, 2016, shall remain eligible for Title 38 awards through his or her completion of that degree program. If an unaccredited degree-granting institution participating in the Title 38 award program fails to satisfy the accreditation requirements provided in clause (ii) of subparagraph (A), a veteran enrolled in a degree program offered by the institution prior to January 1, 2017, shall remain eligible for Title 38 awards through his or her completion of that degree program. +(C) An unaccredited degree-granting institution that does not satisfy the accreditation requirements provided in clause (i) of subparagraph (A), shall not enroll any new Title 38 eligible students to any of its degree programs after January 1, 2016. An unaccredited degree granting institution that does not satisfy the accreditation requirements provided in clause (ii) of subparagraph (A), shall not enroll any new Title 38 students to any of its degree programs after January 1, 2017, without first providing these prospective students with the following written disclosure: + + +“If you choose to attend this institution, you will not be eligible to receive a Title 38 award because this institution did not satisfy one or more of the accreditation requirements to receive Title 38 awards.” + + +(D) An institution that obtains and provides evidence to CSAAVE of accreditation from the Committee of Bar Examiners pursuant to Sections 6046.7 and 6060.6 of the Business and Professions Code does not have to comply with subparagraphs (A), (B), and (C), if the institution complies with both of the following: +(i) (I) The institution provides disclosures to applicants of the school of the institution’s admissions data, tuition, fees, financial aid, conditional scholarships, refund policies, average class size of each required course, number of clinical offerings, number of full-time and part-time faculty, technically trained librarians, administrators, enrollment data, bar passage data, and employment outcomes for graduates. +(II) For purposes of this clause, CSAAVE may develop a standardized information report template or use a standardized information report template developed by the State Bar. +(III) For purposes of this clause, the following terms have the following meanings: +(ia) “Admissions data” means information from the most recently enrolled fall semester class including the total number of applications, the total number of accepted students, and the 75th, 50th, and 25th percentile scores for the undergraduate grade point averages and law school admission test scores of admitted students. +(ib) “Bar passage data” means the most current cumulative bar pass rates defined and reported by the examining committee of the State Bar. +(ic) “Conditional scholarship” means any financial aid award, the retention of which is dependent upon the student maintaining a minimum grade point average or class standing other than that ordinarily required to remain in good academic standing. +(id) “Employment outcomes for graduates” means the results of a survey by the law school, taken three years after graduation, that breaks down the employment rate of graduates in each of the first three years after graduation, including the rate of employment of graduates in jobs where a juris doctor degree is required by the employer and the rate of employment of graduates in jobs where a juris doctor degree is an advantage in employment. +(ie) “Enrollment data” means information about the number of students who are admitted to the school per class per year for the past three years, the number of students who transfer to and from the school per class per year for the past three years, and the number of students who do not continue to attend the school each year for the past three years on either a voluntary or involuntary basis. +(ii) The institution is in compliance with all applicable CSAAVE rules and regulations and is in good standing with the Committee of Bar Examiners. +(4) The institution shall be one of the following to be eligible for Title 38 awards: +(A) A campus of the California Community Colleges, the California State University, or the University of California. +(B) An independent institution of higher education, as defined in subdivision (b) of Section 66010. +(C) (i) For purposes of the 2015–16 award year, a private postsecondary educational institution, as defined in Section 94858. +(ii) For purposes of the 2016–17 award year, and every award year thereafter, a private postsecondary educational institution, as defined in Section 94858, that has an approval to operate from the Bureau for Private Postsecondary Education, is subject to the regulatory oversight and enforcement of student protections provided by the bureau, and has its approval to operate certified by CSAAVE. +(D) An institution described in subdivision (i) of Section 94874 that satisfies all of the requirements provided in Section 94947. +(E) An institution that is accredited by the Committee of Bar Examiners pursuant to Sections 6046.7 and 6060.7 of the Business and Professions Code.","Title 38 of the United States Code provides educational awards for eligible active duty members and veterans of the Armed Forces of the United States. Existing law requires an institution headquartered or operating in California desiring to enroll students eligible for federal Title 38 awards in accredited courses to make application for approval of these courses to the California State Approving Agency for Veterans Education, commonly known as CSAAVE, and authorizes CSAAVE to approve the application of the school when the school and its accredited courses satisfy the specified criteria and any additional reasonable criteria established by CSAAVE. +This bill would include as a qualifying institution for federal Title 38 awards, an institution that has been accredited by the Committee of Bar Examiners, if the institution complies with specified disclosure and compliance requirements.","An act to amend Sections 67100 and 67102 of the Education Code, relating to postsecondary education." +289,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1197.5 of the Labor Code is amended to read: +1197.5. +(a) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: +(1) The wage differential is based upon one or more of the following factors: +(A) A seniority system. +(B) A merit system. +(C) A system that measures earnings by quantity or quality of production. +(D) A bona fide factor other than sex, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. +(2) Each factor relied upon is applied reasonably. +(3) The one or more factors relied upon account for the entire wage differential. +(b) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: +(1) The wage differential is based upon one or more of the following factors: +(A) A seniority system. +(B) A merit system. +(C) A system that measures earnings by quantity or quality of production. +(D) A bona fide factor other than race or ethnicity, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a race- or ethnicity-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. +(2) Each factor relied upon is applied reasonably. +(3) The one or more factors relied upon account for the entire wage differential. +(c) Any employer who violates subdivision (a) or (b) is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. +(d) The Division of Labor Standards Enforcement shall administer and enforce this section. If the division finds that an employer has violated this section, it may supervise the payment of wages and interest found to be due and unpaid to employees under subdivision (a) or (b). Acceptance of payment in full made by an employer and approved by the division shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (h). +(e) Every employer shall maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All of the records shall be kept on file for a period of three years. +(f) Any employee may file a complaint with the division that the wages paid are less than the wages to which the employee is entitled under subdivision (a) or (b) or that the employer is in violation of subdivision (k). The complaint shall be investigated as provided in subdivision (b) of Section 98.7. The division shall keep confidential the name of any employee who submits to the division a complaint regarding an alleged violation of subdivision (a), (b), or (k) until the division establishes the validity of the complaint, unless the division must abridge confidentiality to investigate the complaint. The name of the complaining employee shall remain confidential if the complaint is withdrawn before the confidentiality is abridged by the division. The division shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to these employees. +(g) The department or division may commence and prosecute, unless otherwise requested by the employee or affected group of employees, a civil action on behalf of the employee and on behalf of a similarly affected group of employees to recover unpaid wages and liquidated damages under subdivision (a) or (b), and in addition shall be entitled to recover costs of suit. The consent of any employee to the bringing of any action shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (h) unless the action is dismissed without prejudice by the department or the division, except that the employee may intervene in the suit or may initiate independent action if the suit has not been determined within 180 days from the date of the filing of the complaint. +(h) An employee receiving less than the wage to which the employee is entitled under this section may recover in a civil action the balance of the wages, including interest thereon, and an equal amount as liquidated damages, together with the costs of the suit and reasonable attorney’s fees, notwithstanding any agreement to work for a lesser wage. +(i) A civil action to recover wages under subdivision (a) or (b) may be commenced no later than two years after the cause of action occurs, except that a cause of action arising out of a willful violation may be commenced no later than three years after the cause of action occurs. +(j) If an employee recovers amounts due the employee under subdivision (c), and also files a complaint or brings an action under subdivision (d) of Section 206 of Title 29 of the United States Code which results in an additional recovery under federal law for the same violation, the employee shall return to the employer the amounts recovered under subdivision (c), or the amounts recovered under federal law, whichever is less. +(k) (1) An employer shall not discharge, or in any manner discriminate or retaliate against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this section. An employer shall not prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise his or her rights under this section. Nothing in this section creates an obligation to disclose wages. +(2) Any employee who has been discharged, discriminated or retaliated against, in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in this section may recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief. +(3) A civil action brought under this subdivision may be commenced no later than one year after the cause of action occurs. +SEC. 1.5. +Section 1197.5 of the Labor Code is amended to read: +1197.5. +(a) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: +(1) The wage differential is based upon one or more of the following factors: +(A) A seniority system. +(B) A merit system. +(C) A system that measures earnings by quantity or quality of production. +(D) A bona fide factor other than sex, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. +(2) Each factor relied upon is applied reasonably. +(3) The one or more factors relied upon account for the entire wage differential. Prior salary shall not, by itself, justify any disparity in compensation. +(b) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: +(1) The wage differential is based upon one or more of the following factors: +(A) A seniority system. +(B) A merit system. +(C) A system that measures earnings by quantity or quality of production. +(D) A bona fide factor other than race or ethnicity, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a race- or ethnicity-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. +(2) Each factor relied upon is applied reasonably. +(3) The one or more factors relied upon account for the entire wage differential. Prior salary shall not, by itself, justify any disparity in compensation. +(c) Any employer who violates subdivision (a) or (b) is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. +(d) The Division of Labor Standards Enforcement shall administer and enforce this section. If the division finds that an employer has violated this section, it may supervise the payment of wages and interest found to be due and unpaid to employees under subdivision (a) or (b). Acceptance of payment in full made by an employer and approved by the division shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (h). +(e) Every employer shall maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All of the records shall be kept on file for a period of three years. +(f) Any employee may file a complaint with the division that the wages paid are less than the wages to which the employee is entitled under subdivision (a) or (b) or that the employer is in violation of subdivision (k). The complaint shall be investigated as provided in subdivision (b) of Section 98.7. The division shall keep confidential the name of any employee who submits to the division a complaint regarding an alleged violation of subdivision (a), (b), or (k) until the division establishes the validity of the complaint, unless the division must abridge confidentiality to investigate the complaint. The name of the complaining employee shall remain confidential if the complaint is withdrawn before the confidentiality is abridged by the division. The division shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to these employees. +(g) The department or division may commence and prosecute, unless otherwise requested by the employee or affected group of employees, a civil action on behalf of the employee and on behalf of a similarly affected group of employees to recover unpaid wages and liquidated damages under subdivision (a) or (b), and in addition shall be entitled to recover costs of suit. The consent of any employee to the bringing of any action shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (h) unless the action is dismissed without prejudice by the department or the division, except that the employee may intervene in the suit or may initiate independent action if the suit has not been determined within 180 days from the date of the filing of the complaint. +(h) An employee receiving less than the wage to which the employee is entitled under this section may recover in a civil action the balance of the wages, including interest thereon, and an equal amount as liquidated damages, together with the costs of the suit and reasonable attorney’s fees, notwithstanding any agreement to work for a lesser wage. +(i) A civil action to recover wages under subdivision (a) or (b) may be commenced no later than two years after the cause of action occurs, except that a cause of action arising out of a willful violation may be commenced no later than three years after the cause of action occurs. +(j) If an employee recovers amounts due the employee under subdivision (c), and also files a complaint or brings an action under subdivision (d) of Section 206 of Title 29 of the United States Code which results in an additional recovery under federal law for the same violation, the employee shall return to the employer the amounts recovered under subdivision (c), or the amounts recovered under federal law, whichever is less. +(k) (1) An employer shall not discharge, or in any manner discriminate or retaliate against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this section. An employer shall not prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise his or her rights under this section. Nothing in this section creates an obligation to disclose wages. +(2) Any employee who has been discharged, discriminated or retaliated against, in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in this section may recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief. +(3) A civil action brought under this subdivision may be commenced no later than one year after the cause of action occurs. +SEC. 2. +Section 1199.5 of the Labor Code is amended to read: +1199.5. +Every employer or other person acting either individually or as an officer, agent, or employee of another person is guilty of a misdemeanor and is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment for not more than six months, or by both, who willfully does any of the following: +(a) Pays or causes to be paid any employee a wage less than the rate paid to an employee of another sex, race, or ethnicity, as required by Section 1197.5. +(b) Reduces the wages of any employee in order to comply with Section 1197.5. +No person shall be imprisoned pursuant to this section except for an offense committed after the conviction of the person for a prior offense pursuant to this section. +SEC. 3. +Section 1.5 of this bill incorporates amendments to Section 1197.5 of the Labor Code proposed by both this bill and Assembly Bill 1676. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1197.5 of the Labor Code, and (3) this bill is enacted after Assembly Bill 1676, in which case Section 1 of this bill shall not become operative. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law prohibits an employer from paying any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, unless the employer demonstrates that specific, reasonably applied factors account for the entire wage differential. Existing law authorizes an employee paid lesser wages in violation of this prohibition to file a complaint with the Division of Labor Standards Enforcement, and authorizes the employee, the division, or the Department of Industrial Relations to commence a civil action for the wages the employee was deprived of because of the violation, interest on those wages, and liquidated damages. Under existing law, an employer or other person who violates or causes a violation of that prohibition, or who reduces the wages of any employee in order to comply with that prohibition, is guilty of a misdemeanor. +This bill would also prohibit an employer from paying any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work, as specified above. By expanding the scope of a crime, this bill would impose a state-mandated local program. +This bill would incorporate additional changes in Section 1197.5 of the Labor Code proposed by AB 1676 that would become operative only if AB 1676 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 1197.5 and 1199.5 of the Labor Code, relating to employment." +290,"The people of the State of California do enact as follows: + + +SECTION 1. +The heading of Chapter 4.3 (commencing with Section 18259) of Part 6 of Division 9 of the Welfare and Institutions Code is amended to read: +CHAPTER 4.3. Sexually Exploited Minors Program +SEC. 2. +Section 18259 of the Welfare and Institutions Code is amended to read: +18259. +(a) The County of Alameda, contingent upon local funding, may establish a project consistent with this chapter to develop a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors who have been arrested or detained by local law enforcement for a violation of subdivision (a) or (b) of Section 647 or subdivision (a) of Section 653.22 of the Penal Code, or who have been adjudged a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300. +(b) The District Attorney of the County of Alameda, in collaboration with the county child welfare agency, county probation, sheriff, and community-based agencies, may develop, as a component of the program described in this chapter, protocols for identifying and assessing minors, upon arrest or detention by law enforcement, who may be victims of commercial sexual exploitation. The protocol shall include the process for how to make a report to the county child welfare agency if there is reason to believe the minor is a person described in Section 300. The protocol shall also include the process for the child welfare agency to investigate the report pursuant to Section 328. +(c) The District Attorney of the County of Alameda, in collaboration with the county child welfare agency, county probation, sheriff, and community-based agencies that serve commercially sexually exploited minors, may develop, as a component of the program described in this chapter, a diversion program reflecting the best practices to address the needs and requirements of minors who have been determined to be victims of commercial sexual exploitation. +(d) The District Attorney of the County of Alameda, in collaboration with the county and community-based agencies, may form, as a component of the program described in this chapter, a multidisciplinary team including, but not limited to, city police departments, the county sheriff’s department, the public defender’s office, the probation department, child protection services, and community-based organizations that work with or advocate for commercially sexually exploited minors, to do both of the following: +(1) Develop a training curriculum reflecting the best practices for identifying and assessing minors who may be victims of commercial sexual exploitation. +(2) Offer and provide this training curriculum through multidisciplinary teams to law enforcement, child protective services, and others who are required to respond to arrested or detained minors who may be victims of commercial sexual exploitation. +SEC. 3. +Section 18259.1 of the Welfare and Institutions Code is repealed. +SEC. 4. +Section 18259.3 of the Welfare and Institutions Code is amended to read: +18259.3. +(a) For purposes of this chapter, “commercially sexually exploited minor” means a person under 18 years of age who is described by one or more of the following: +(1) Has been abused in the manner described in paragraph (2) of subdivision (c) of Section 11165.1 of the Penal Code, and who has been detained for a violation of the law or placed in civil protective custody on a safety hold based only on a violation of subdivision (a) or (b) of Section 647 of the Penal Code or subdivision (a) of Section 653.22 of the Penal Code. +(2) Has been adjudged a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300. +(3) Has been the victim of abduction, as described in Section 267 of the Penal Code. +(4) Meets the definition of a victim of a severe form of trafficking, as defined in Section 7105 of Title 22 of the United States Code. +(b) If a minor is arrested or detained for an alleged violation of subdivision (a) or (b) of Section 647 of the Penal Code or of subdivision (a) of Section 653.22 of the Penal Code, or if a minor is the subject of a petition to adjudge him or her a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300, he or she shall be presumed to be a commercially sexually exploited minor, as defined in subdivision (a). +SEC. 5. +Section 18259.5 of the Welfare and Institutions Code is repealed. +SEC. 6. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the County of Alameda. According to the Office of the Attorney General, there are currently nine regional human trafficking task forces. One of those task forces includes the County of Alameda, which makes it uniquely situated to implement a service model that would produce improved outcomes for youth victims of human trafficking by providing comprehensive intervention and rehabilitation services, as an alternative to traditional prosecution or incarceration, or both.","Existing law, until January 1, 2017, authorizes the Counties of Alameda and Los Angeles, respectively, to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified. +This bill would extend the operation of this program indefinitely in the County of Alameda. The bill would also expand the definition of a “commercially sexually exploited minor” to include, among others, a minor who has been adjudged a dependent of the juvenile court because he or she is a commercially sexually exploited child, and would create a presumption that, if a minor has been arrested for engaging in prostitution, or is the subject of a petition to adjudge him or her a dependent of the juvenile court because he or she is a commercially sexually exploited child, he or she is a commercially sexually exploited minor for the purposes of that definition. +This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Alameda.","An act to amend Sections 18259 and 18259.3 of, to amend the heading of Chapter 4.3 (commencing with Section 18259) of Part 6 of Division 9 of, and to repeal Sections 18259.1 and 18259.5 of, the Welfare and Institutions Code, relating to sexually exploited minors." +291,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares as follows: +(a) On December 4, 2015, Congress passed, and the President signed into law, the Fixing America’s Surface Transportation (FAST) Act (Public Law 114-94). +(b) The FAST Act provides long-term funding certainty for surface transportation and requires the National Highway Traffic Safety Administration (NHTSA) to award certain grants pursuant to rulemaking. +(c) The FAST Act includes grant programs for states that meet requirements associated with impaired driving interventions, including 24/7 Sobriety programs. These programs typically approach impaired driving deterrence by focusing on the most high-risk offenders, requiring abstinence from alcohol or illegal drugs, testing compliance multiple times per day, and swiftly delivering defined consequences for noncompliance. +(d) The FAST Act permits the NHTSA to award 24/7 Sobriety program grants to states that meet two separate requirements: +(1) That a state enact and enforce a law that requires all individuals convicted of driving under the influence of alcohol or of driving while intoxicated to receive at least a 30-day restriction on driving privileges. California currently meets this requirement. +(2) That a state provide a 24/7 Sobriety program with statewide applicability. A “24/7 Sobriety program” is a state law or program that authorizes a state court or an agency with jurisdiction to require an individual who has committed a driving-under-the-influence offense to abstain from alcohol or controlled substances for a period of time and be subject to testing for alcohol or controlled substances at least twice per day at a testing location, or by a continuous transdermal monitoring device, or by an alternative method approved by the NHTSA. California does not yet meet this requirement. +(e) Additional federal grant moneys are available to states under the NHTSA’s highway safety programs and national priority safety programs pursuant to Sections 402 and 405 of Title 23 of the United States Code. +(f) It is the intent of the Legislature in enacting this act to authorize a statewide 24/7 Sobriety program so that California is eligible for the new 24/7 FAST Act grant funding and additional funding available through the NHTSA. +SECTION 1. +SEC. 2. +Section 164.2 is added to the Streets and Highways Code, to read: +164.2. +Federal funds derived from apportionments made to the state under the Fixing America’s Surface Transportation Act (“FAST Act,” Public Law +114-094) +114-94) +shall be identified and included in the fund estimates prepared pursuant to Sections 14524 and 14525 of the Government Code for purposes of the interregional transportation improvement program prepared by the department pursuant to Section 14526 of the Government Code, the regional transportation improvement programs prepared by the regional transportation agencies pursuant to Section 14527 of the Government Code, and the state transportation improvement program adopted by the commission pursuant to Section 14529 of the Government Code. +SEC. 3. +Section 23582.5 is added to the Vehicle Code, to read: +23582.5. +(a) The court may order a person convicted of a violation of Section 23152 or 23153 to enroll and participate in, and successfully complete, a qualified 24/7 Sobriety program, as described in subdivision (d), as a condition of probation, parole, sentence, or work permit if the program is available and deemed appropriate, and the person committed the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction. +(b) The court may require a person who has been arrested for a violation of Section 23152 or 23153 to enroll and participate in, and successfully complete, a qualified 24/7 Sobriety program, as described in subdivision (d), as a condition of release on bond, if the program is available and deemed appropriate, and the person committed the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction. +(c) A person whose driving privilege has been suspended or revoked pursuant to Section 13352 or 13353 and who subsequently applies to the department for a restricted driving privilege shall be permitted to enroll and participate in, and successfully complete, a 24/7 Sobriety program as a condition of obtaining the restricted driving privilege if the program is available and deemed appropriate, and the person was charged with the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction. The restricted driving privilege granted under this subdivision shall be for a minimum of one year and may be conditioned on participation in the 24/7 Sobriety program as an alternative to, or in conjunction with, participation in an ignition interlock device program. +(d) For purposes of this section, a “24/7 Sobriety program” requires a participant to abstain from alcohol or controlled substance use for a designated period of time and be subject to at least twice-per-day breath testing for alcohol or periodic testing for controlled substances at a testing location. In the event of a hardship, testing for alcohol may be accomplished by a continuous transdermal monitoring device or by an alternative method approved by the National Highway Traffic Safety Administration. Methodologies that provide immediate, in-person positive reinforcement for compliant behavior and the most immediate sanctions for noncompliant events are preferred testing methodologies under this program. However, a participant’s ability to maintain employment, schooling, or family life, usually due to lack of proximity to a testing location, may be considered a hardship for the purposes of this subdivision. The 24/7 Sobriety program methodology shall be evidence-based. “Evidence-based” means the program methodology meets at least two of the following criteria: +(1) Evaluation research shows that the program produces the expected positive results. +(2) The results can be attributed to the program itself, rather than to other extraneous factors or events. +(3) The evaluation is peer reviewed by experts in the field. +(4) The program is endorsed by a federal agency or respected research organization and included in its list of effective programs. +(e) A person ordered into a 24/7 Sobriety program may also be required to participate in any other driving-under-the-influence program required under California law, including, but not limited to, programs provided in Section 11836 of the Health and Safety Code. +(f) Testing locations and methods that provide the best ability to sanction a violation as close in time as reasonably feasible to the occurrence of the violation should be given preference. +(g) In order to enable all required defendants to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. +(h) The court shall not impose a program of more than 180 days in length unless the defendant tests positive for alcohol or an unauthorized controlled substance or fails to appear for a test. +(i) The Office of Traffic Safety shall include a description of the provisions authorizing the 24/7 Sobriety program pursuant to this section in its highway safety plan required to be submitted to the NHTSA under subsection (k) of Section 402 of Title 23 of the United States Code, including any application requirements necessary to qualify for grants under Section 405 of Title 23 of the United States Code. +(j) The department shall establish statewide uniform collection and reporting of all of the following data: +(1) Participant demographic information. +(2) Participant case history information. +(3) Testing information, including testing duration, test results, and testing attendance. +(4) Fees and fee payments.","Existing law establishes the state transportation improvement program process, pursuant to which the California Transportation Commission programs, on a biennial basis, available state and federal funds for transportation capital improvement projects, other than state highway rehabilitation and repair projects, for the 5-year period of the state transportation improvement program, based on the interregional transportation improvement program prepared by the Department of Transportation and the regional transportation improvement programs prepared by regional transportation planning agencies. Existing law requires the Department of Transportation to submit to the California Transportation Commission an estimate of state and federal funds reasonably expected to be available for future programming over the 5-year period in each state transportation improvement program, and requires the California Transportation Commission to adopt a fund estimate in that regard. +This bill would require the fund estimates prepared by the department and the commission to identify and include federal funds derived from apportionments made to the state under the Fixing America’s Surface Transportation +(FAST) +Act of 2015. +Existing law prohibits a person who has 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle. Existing law also prohibits a person while having 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle and concurrently doing any act forbidden by law, or neglecting any duty imposed by law in driving the vehicle, when the act or neglect proximately causes bodily injury to a person other than the driver. A violation of either of these prohibitions is a crime. Existing law authorizes a court, in addition to imposing penalties and sanctions for those violations, to require the person to enroll and participate in, and successfully complete, a driving-under-the-influence program, which may include, among other things, education, group counseling, and individual interview sessions. +Existing law requires the Department of Motor Vehicles to immediately suspend a person’s privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law also requires the department to suspend or revoke the driving privilege of a person who refuses an officer’s request or fails to complete a chemical test or tests, as specified. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted driver’s license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the person’s vehicle. +This bill would authorize the court to order a person convicted of a crime described above to enroll and participate in, and successfully complete, a qualified “24/7 Sobriety program,” as defined, as a condition of probation, if the program is available and deemed appropriate, and the person committed the crime within 10 years of one or more separate crimes described above that resulted in a conviction. The bill also would authorize a court to order participation in a 24/7 Sobriety program as a condition of release on bond for a person who has been charged with a crime described above, as specified. The bill would permit a person whose driving privilege has been suspended or revoked for certain violations, and who subsequently applies to the department for a restricted driving privilege, to be permitted to participate in a 24/7 Sobriety program for a minimum of one year as a condition of obtaining the restricted driving privilege as an alternative to, or in conjunction with, participation in an ignition interlock device program. The bill would define a “24/7 Sobriety program,” in part, as requiring a person in the program to abstain from alcohol and unauthorized controlled substances and be subject to frequent testing for alcohol and controlled substances, as specified. The bill would require a person participating in the program to pay the program costs, commensurate with the person’s ability to pay, as specified. The bill would make related legislative findings and declarations and state the intent of the Legislature to enact these provisions for the purpose of making the state eligible to receive grant funding under the FAST Act and additional funding from the National Highway Traffic Safety Administration.","An act to add Section 164.2 to the Streets and Highways Code, +and to add Section 23582.5 to the Vehicle Code, +relating to +transportation. +highway safety." +292,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the Paul Lee School Bus Safety Law. +SEC. 2. +Section 39831.3 of the Education Code is amended to read: +39831.3. +(a) The county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity shall prepare a transportation safety plan containing procedures for school personnel to follow to ensure the safe transport of pupils. The plan shall be revised as required. The plan shall address all of the following: +(1) Determining if pupils require escort pursuant to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle Code. +(2) (A) Procedures for all pupils in prekindergarten, kindergarten, and grades 1 to 8, inclusive, to follow as they board and exit the appropriate schoolbus at each pupil’s schoolbus stop. +(B) Nothing in this paragraph requires a county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity, to use the services of an onboard schoolbus monitor, in addition to the driver, to carry out the purposes of this paragraph. +(3) Boarding and exiting a schoolbus at a school or other trip destination. +(4) Procedures to ensure that a pupil is not left unattended on a schoolbus, school pupil activity bus, or youth bus. +(5) Procedures and standards for designating an adult chaperone, other than the driver, to accompany pupils on a school pupil activity bus. +(b) A current copy of a plan prepared pursuant to subdivision (a) shall be retained by each school subject to the plan and made available upon request to an officer of the Department of the California Highway Patrol. +SEC. 3. +Section 39843 is added to the Education Code, to read: +39843. +(a) The county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity shall notify the Department of Motor Vehicles, in a form and manner that the Department of Motor Vehicles specifies, within five calendar days after the county office of education, the governing board of a school district, the charter school, the owner or operator of the private school, or, in situations where the transportation services are contracted out, the driver’s employer, has done both of the following: +(1) Ordered and upheld disciplinary action, after completion of disciplinary procedures conducted in compliance with rights granted by law or a collective bargaining agreement, against a driver of a schoolbus, school pupil activity bus, or youth bus who was found to have left the immediate vicinity of the vehicle to which the driver had been assigned with an unsupervised pupil onboard. +(2) Made a finding that the driver’s actions constituted gross negligence. +(b) For purposes of this section, escorting pupils pursuant to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle Code shall not be considered leaving the immediate vicinity of the vehicle. +(c) For purposes of this section, “gross negligence” means the want of even scant care or an extreme departure from the ordinary standard of conduct. +SEC. 4. +Section 39860 of the Education Code is amended to read: +39860. +(a) The governing board of a school district may contract for the transportation of pupils attending schools within the district to and from any exposition or fair, school activities, or other activities that the governing board of the school district determines to be for the benefit of the pupils, in this state, and may pay for the transportation out of any funds of the school district available for the purpose. +(b) The governing board of a school district shall require that any contract for the transportation of pupils under this section shall include the requirement that a pupil shall not be left unattended on a schoolbus, school pupil activity bus, or youth bus in accordance with paragraph (4) of subdivision (a) of Section 39831.3. +SEC. 5. +Section 40085 of the Education Code is amended to read: +40085. +Applicants seeking to renew a certificate to drive a schoolbus as defined in Section 545 of the Vehicle Code or a school pupil activity bus as defined in Section 546 of the Vehicle Code shall have successfully completed at least 10 hours of original or renewal classroom instruction, or behind-the-wheel or in-service training, during each 12 months of certificate validity. In-service training credit may be given by a state-certified driver instructor of the appropriate class to an applicant for attending or participating in appropriate driver training workshops, driver safety meetings, driver safety conferences, and other activities directly related to passenger safety and driver training. During the last 12 months of the special driver certificate validity, the 10 hours required shall consist of classroom instruction covering, but not limited to, current laws and regulations, defensive driving, accident prevention, emergency procedures, passenger loading and unloading, and the inspection procedures pursuant to paragraph (4) of subdivision (a) of Section 39831.3. Failure to successfully complete the required training during any 12-month period of certificate validity is cause for the Department of Motor Vehicles to cancel the bus driver certificate. All training required by Section 40089 may be accepted in lieu of the requirements of this section. +SEC. 6. +Section 13370 of the Vehicle Code is amended to read: +13370. +(a) The department shall refuse to issue or shall revoke a schoolbus, school pupil activity bus, general public paratransit vehicle, or youth bus driver certificate, or a certificate for a vehicle used for the transportation of developmentally disabled persons, if any of the following causes apply to the applicant or certificate holder: +(1) Has been convicted of a sex offense as defined in Section 44010 of the Education Code. +(2) Has been convicted, within two years, of an offense specified in Section 11361.5 of the Health and Safety Code. +(3) Has failed to meet prescribed training requirements for certificate issuance. +(4) Has failed to meet prescribed testing requirements for certificate issuance. +(5) Has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code, or a serious felony listed in subdivision (c) of Section 1192.7 of the Penal Code. This paragraph shall not be applied to revoke a license that was valid on January 1, 2005, unless the certificate holder is convicted for an offense that is committed on or after that date. +(b) The department may refuse to issue or renew, or may suspend or revoke a schoolbus, school pupil activity bus, general public paratransit vehicle, or youth bus driver certificate, or a certificate for a vehicle used for the transportation of developmentally disabled persons, if any of the following causes apply to the applicant or certificate holder: +(1) Has been convicted of a crime specified in Section 44424 of the Education Code within seven years. This paragraph does not apply if denial is mandatory. +(2) Has committed an act involving moral turpitude. +(3) Has been convicted of an offense, not specified in this section and other than a sex offense, that is punishable as a felony, within seven years. +(4) Has been dismissed as a driver for a cause relating to pupil transportation safety. +(5) Has been convicted, within seven years, of an offense relating to the use, sale, possession, or transportation of narcotics, habit-forming drugs, or dangerous drugs, except as provided in paragraph (3) of subdivision (a). +(6) Has been reported to the Department of Motor Vehicles, pursuant to Section 39843 of the Education Code, for leaving a pupil unattended on a schoolbus, school pupil activity bus, or youth bus. +(c) (1) Reapplication following refusal or revocation under paragraph (1), (2), or (3) of subdivision (a) or any paragraph of subdivision (b) may be made after a period of not less than one year after the effective date of refusal or revocation. +(2) Reapplication following refusal or revocation under paragraph (4) of subdivision (a) may be made after a period of not less than 45 days after the date of the applicant’s third testing failure. +(3) An applicant or holder of a certificate may reapply for a certificate whenever a felony or misdemeanor conviction is reversed or dismissed. A termination of probation and dismissal of charges pursuant to Section 1203.4 of the Penal Code or a dismissal of charges pursuant to Section 1203.4a of the Penal Code is not a dismissal for purposes of this section. +(4) A former applicant or holder of a certificate whose certificate was revoked pursuant to paragraph (6) of subdivision (b) may reapply for a certificate if the certificate revocation is reversed or dismissed by the department. +SEC. 7. +Article 18 (commencing with Section 28160) is added to Chapter 5 of Division 12 of the Vehicle Code, to read: +Article 18. Child Safety Alert System +28160. +(a) On or before January 1, 2018, the department shall adopt regulations governing the specifications, installation, and use of child safety alert systems. +(b) (1) On or before the beginning of the 2018–19 school year, each schoolbus, school pupil activity bus, except as provided in paragraph (2), youth bus, and child care motor vehicle shall be equipped with an operational child safety alert system. +(2) A school pupil activity bus is not required to be equipped with an operational child safety alert system if all of the following apply: +(A) The school pupil activity bus is not used exclusively to transport pupils. +(B) When the school pupil activity bus is used to transport pupils, the pupils are accompanied by at least one adult chaperone selected by a school official. If an adult chaperone is not a school employee, the chaperone shall meet the requirements for a school volunteer established by the policies of the school district, county office of education, charter school, or private school. +(C) One adult chaperone has a list of every pupil and adult chaperone, including a school employee, who is on the school pupil activity bus at the time of departure. +(D) The driver has reviewed all safety and emergency procedures before the initial departure and the driver and adult chaperone have signed a form with the time and date acknowledging that the safety plan and procedures were reviewed. +(E) Immediately before departure from any location, the adult chaperone shall account for each pupil on the list of pupils, verify the number of pupils to the driver, and sign a form indicating that all pupils are present or accounted for. +(F) After pupils have exited a school pupil activity bus, and before driving away, the driver shall check all areas of the bus, including, but not limited to, overhead compartments and bathrooms, to ensure that the bus is vacant. +(G) The driver shall sign a form with the time and date verifying that all required procedures have been followed. +(H) The information required to be recorded pursuant to subparagraphs (D), (E), and (G) may be recorded on a single form. These forms shall be retained by the school district, county office of education, charter school, or private school for a minimum of two years. +(c) A “child safety alert system” is a device located at the interior rear of a vehicle that requires the driver to either manually contact or scan the device before exiting the vehicle, thereby prompting the driver to inspect the entirety of the interior of the vehicle before exiting. +(d) For purposes of this section, the following definitions apply: +(1) “Child care motor vehicle” means a vehicle designed, used, or maintained for more than eight persons, including the driver, that is used by a child care provider to transport children. +(2) “Child care provider” has the same meaning as provided for “day care center” in Section 1596.76 of the Health and Safety Code. +SEC. 8. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires the county superintendent of schools, the superintendent of a school district, or the owner or operator of a private school that provides transportation to or from a school or school activity to prepare a transportation safety plan containing procedures for school personnel to follow to ensure the safe transport of pupils, as prescribed. +This bill would require that plan to include procedures to ensure that a pupil is not left unattended on a schoolbus, school pupil activity bus, or youth bus, and procedures and standards for designating an adult chaperone, other than the driver, to accompany pupils on a school pupil activity bus. The bill would additionally require a charter school to prepare this plan. +Existing law authorizes the governing board of a school district to contract for the transportation of pupils attending schools within the district, as specified. +This bill would require the governing board of a school district to require that any contract for the transportation of pupils includes the requirement that a pupil shall not be left unattended on a schoolbus, school pupil activity bus, or youth bus, as provided. +Existing law requires applicants seeking to renew a certificate to drive a schoolbus or a school pupil activity bus to complete classroom instruction and training, as specified. +This bill would require that classroom instruction to also cover the inspection procedures to ensure pupils are not left unattended on a schoolbus or school pupil activity bus. +Existing law authorizes the Department of Motor Vehicles to refuse to issue or renew, and to revoke or suspend, a schoolbus, school pupil activity bus, or youth bus driver certificate under certain, listed conditions. +This bill would require certain school officials to notify the department when a driver of such a bus has left a pupil unattended onboard after a specified school entity or the driver’s employer has ordered and upheld disciplinary action against the driver for the driver’s actions and has made a finding that the driver’s actions constituted gross negligence, as defined. The bill would authorize the department to refuse to issue or renew, and to revoke or suspend, a bus driver certificate on these grounds. The bill would permit a former applicant or holder of a certificate whose certificate was revoked pursuant to these provisions to reapply for a certificate if the certificate revocation is reversed or dismissed by the department. +Existing law requires all schoolbuses to be equipped with certain safety features, as specified. +This bill would require, on or before the beginning of the 2018–19 school year, schoolbuses, school pupil activity buses, except as provided, youth buses, and child care motor vehicles to be equipped with a “child safety alert system,” which is a device located at the interior rear of a vehicle that requires the driver to either manually contact or scan the device before exiting the vehicle, thereby prompting the driver to inspect the entirety of the interior of the vehicle before exiting. +Because a violation of the above requirement would be a Vehicle Code infraction, the bill would impose a state-mandated local program by creating new crimes. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 39831.3, 39860, and 40085 of, and to add Section 39843 to, the Education Code, and to amend Section 13370 of, and to add Article 18 (commencing with Section 28160) to Chapter 5 of Division 12 of, the Vehicle Code, relating to schoolbus safety." +293,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17052 of the Revenue and Taxation Code is amended to read: +17052. +(a) (1) For each taxable year beginning on or after January 1, 2015, there shall be allowed against the “net tax,” as defined by Section 17039, an earned income tax credit in an amount equal to an amount determined in accordance with Section 32 of the Internal Revenue Code, relating to earned income, as applicable for federal income tax purposes for the taxable year, except as otherwise provided in this section. +(2) (A) The amount of the credit determined under Section 32 of the Internal Revenue Code, relating to earned income, as modified by this section, shall be multiplied by the earned income tax credit adjustment factor for the taxable year. +(B) Unless otherwise specified in the annual Budget Act, the earned income tax credit adjustment factor for a taxable year beginning on or after January 1, 2015, shall be 0 percent. +(C) The earned income tax credit authorized by this section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the credit. +(b) (1) In lieu of the table prescribed in Section 32(b)(1) of the Internal Revenue Code, relating to percentages, the credit percentage and the phaseout percentage shall be determined as follows: +In the case of an eligible individual with: +The credit percentage is: +The phaseout percentage is: +No qualifying children +7.65% +7.65% +1 qualifying child +34% +34% +2 qualifying children +40% +40% +3 or more qualifying children +45% +45% +(2) (A) In lieu of the table prescribed in Section 32(b)(2)(A) of the Internal Revenue Code, the earned income amount and the phaseout amount shall be determined as follows: +In the case of an eligible individual with: +The earned income amount is: +The phaseout amount is: +No qualifying children +$3,290 +$3,290 +1 qualifying child +$4,940 +$4,940 +2 or more qualifying children +$6,935 +$6,935 +(B) Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply. +(c) (1) Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting “this state” for “the United States.” +(2) Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows: +(A) Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting “plus” and inserting in lieu thereof the following: “and only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.” +(B) Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall not apply. +(3) Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting “this state” for “the United States.” +(d) Section 32(i)(1) of the Internal Revenue Code is modified by substituting “$3,400” for “$2,200.” +(e) In lieu of Section 32(j) of the Internal Revenue Code, relating to inflation adjustments, for taxable years beginning on or after January 1, 2016, the amounts specified in paragraph (2) of subdivision (b) and in subdivision (d) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041. +(f) If the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. +(g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. +(h) Notwithstanding any other law, amounts refunded pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits. +(i) (1) For the purpose of implementing the credit allowed by this section for the 2015 taxable year, the Franchise Tax Board shall be exempt from the following: +(A) Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2. +(B) Special Project Report requirements under Statewide Information Management Manual Section 30. +(C) Section 11.00 of the 2015 Budget Act. +(D) Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code. +(2) The Franchise Tax Board shall formally incorporate the scope, costs, and schedule changes associated with the implementation of the credit allowed by this section in its next anticipated Special Project Report for its Enterprise Data to Revenue Project. +(j) (1) In accordance with Section 41 of the Revenue and Taxation Code, the purpose of the California Earned Income Tax Credit is to reduce poverty among California’s poorest working families and individuals. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following: +(A) The number of tax returns claiming the credit. +(B) The number of individuals represented on tax returns claiming the credit. +(C) The average credit amount on tax returns claiming the credit. +(D) The distribution of credits by number of dependents and income ranges. The income ranges shall encompass the phase-in and phaseout ranges of the credit. +(E) Using data from tax returns claiming the credit, including an estimate of the federal tax credit determined under Section 32 of the Internal Revenue Code, an estimate of the number of families who are lifted out of deep poverty by the credit and an estimate of the number of families who are lifted out of deep poverty by the combination of the credit and the federal tax credit. For the purposes of this subdivision, a family is in “deep poverty” if the income of the family is less than 50 percent of the federal poverty threshold. +(2) The Franchise Tax Board shall provide the written report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly Committee on Revenue and Taxation, and the Senate and Assembly Committees on Human Services. +(k) The tax credit allowed by this section shall be known as the California Earned Income Tax Credit. +(l) The amendments made to this section by the act adding this subdivision shall apply to taxable years beginning on or after January 1, 2016.","The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income from specified sources and who meet certain other requirements. +The Personal Income Tax Law, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, allows an earned income credit against personal income tax, and a payment from the Tax Relief and Refund Account for an allowable credit in excess of tax liability, to an eligible individual in an amount determined in accordance with federal law as applicable for federal income tax purposes for the taxable year, multiplied by the earned income tax credit adjustment factor, as specified. Existing law creates the Tax Relief and Refund Account, which is continuously appropriated, and provides that required payments to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including amounts allowable as an earned income credit in excess of any tax liability. The Personal Income Tax Law provides that the amount of the credit is calculated as a percentage of the eligible individual’s earned income and is phased out above a specified amount as income increases. Under existing law, the credit percentage and the phaseout percentage is based on the number of qualifying children of the eligible individual. Existing law provides, in modified conformity with federal income tax law, in the case of an eligible individual with 3 or more qualifying children, for taxable years beginning before January 1, 2016, the credit percentage and phaseout percentage is 45%, and for taxable years beginning on or after January 1, 2016, the credit percentage and phaseout percentage is the same as for an eligible individual with 2 or more children, which is 40%. +This bill, for taxable years beginning on and after January 1, 2016, would instead provide that, in the case of an eligible individual with 3 or more qualifying children, the credit percentage and phaseout percentage is 45%, thereby increasing the credit percentage and the phaseout percentage for those eligible individuals for taxable years beginning on and after January 1, 2016. +By increasing the allowable credit amount, this bill would authorize new payments from the Tax Relief and Refund Account for additional amounts in excess of personal income tax liabilities, thereby making an appropriation.","An act to amend Section 17052 of the Revenue and Taxation Code, relating to taxation, and making an appropriation therefor." +294,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1253.7 is added to the Health and Safety Code, to read: +1253.7. +(a) For purposes of this chapter, “observation services” means outpatient services provided by a general acute care hospital and that have been ordered by a provider, to those patients who have unstable or uncertain conditions potentially serious enough to warrant close observation, but not so serious as to warrant inpatient admission to the hospital. Observation services may include the use of a bed, monitoring by nursing and other staff, and any other services that are reasonable and necessary to safely evaluate a patient’s condition or determine the need for a possible inpatient admission to the hospital. +(b) When a patient in an inpatient unit of a hospital or in an observation unit, as defined in subdivision (c), is receiving observation services, or following a change in a patient’s status from inpatient to observation, the patient shall receive written notice, as soon as practicable, that he or she is on observation status. The notice shall state that while on observation status, the patient’s care is being provided on an outpatient basis, which may affect his or her health care coverage reimbursement. +(c) For purposes of this chapter, “observation unit” means an area in which observation services are provided in a setting outside of any inpatient unit and that is not part of an emergency department of a general acute care hospital. A hospital may establish one or more observation units that shall be marked with signage identifying the observation unit area as an outpatient area. The signage shall use the term “outpatient” in the title of the designated area to indicate clearly to all patients and family members that the observation services provided in the center are not inpatient services. Identifying an observation unit by a name or term other than that used in this subdivision does not exempt the general acute care hospital from compliance with the requirements of this section. +(d) Notwithstanding subdivisions (d) and (e) of Section 1275, an observation unit shall comply with the same licensed nurse-to-patient ratios as supplemental emergency services. This subdivision is not intended to alter or amend the effect of any regulation adopted pursuant to Section 1276.4 as of the effective date of the act that added this subdivision. +SEC. 2. +Section 128765 of the Health and Safety Code is amended to read: +128765. +(a) The office shall maintain a file of all the reports filed under this chapter at its Sacramento office. Subject to any rules the office may prescribe, these reports shall be produced and made available for inspection upon the demand of any person, and shall also be posted on its Internet Web site, with the exception of discharge and encounter data that shall be available for public inspection unless the office determines, pursuant to applicable law, that an individual patient’s rights of confidentiality would be violated. +(b) The reports published pursuant to Section 128745 shall include an executive summary, written in plain English to the maximum extent practicable, that shall include, but not be limited to, a discussion of findings, conclusions, and trends concerning the overall quality of medical outcomes, including a comparison to reports from prior years, for the procedure or condition studied by the report. The office shall disseminate the reports as widely as practical to interested parties, including, but not limited to, hospitals, providers, the media, purchasers of health care, consumer or patient advocacy groups, and individual consumers. The reports shall be posted on the office’s Internet Web site. +(c) Copies certified by the office as being true and correct copies of reports properly filed with the office pursuant to this chapter, together with summaries, compilations, or supplementary reports prepared by the office, shall be introduced as evidence, where relevant, at any hearing, investigation, or other proceeding held, made, or taken by any state, county, or local governmental agency, board, or commission that participates as a purchaser of health facility services pursuant to the provisions of a publicly financed state or federal health care program. Each of these state, county, or local governmental agencies, boards, and commissions shall weigh and consider the reports made available to it pursuant to this subdivision in its formulation and implementation of policies, regulations, or procedures regarding reimbursement methods and rates in the administration of these publicly financed programs. +(d) The office shall compile and publish summaries of individual facility and aggregate data that do not contain patient-specific information for the purpose of public disclosure. Upon request, these shall include summaries of observation services data, in a format prescribed by the office. The summaries shall be posted on the office’s Internet Web site. The office may initiate and conduct studies as it determines will advance the purposes of this chapter. +(e) In order to ensure that accurate and timely data are available to the public in useful formats, the office shall establish a public liaison function. The public liaison shall provide technical assistance to the general public on the uses and applications of individual and aggregate health facility data and shall provide the director with an annual report on changes that can be made to improve the public’s access to data. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensing and regulation of health facilities, including, but not limited to, general acute care hospitals. A violation of these provisions is a crime. +Existing law authorizes the department to issue a special permit authorizing a health facility to offer one or more special services when specified requirements are met. Existing law requires general acute care hospitals to apply for supplemental services approval and requires the department, upon issuance and renewal of a license for certain health facilities, to separately identify on the license each supplemental service. +This bill would require a general acute care hospital that provides observation services, as defined, to comply with the same licensed nurse-to-patient ratios as supplemental emergency services, as specified. The bill would require that a patient receiving observation services receive written notice, as prescribed, that his or her care is being provided on an outpatient basis, which may affect the patient’s health coverage reimbursement. The bill would require observation units to be identified with specified signage, and would clarify that a general acute care hospital providing services described in the bill would not be exempt from these requirements because the hospital identifies those services by a name or term other than that used in the bill. Because a violation of these provisions by a health facility would be a crime, the bill would impose a state-mandated local program. +(2) Existing law, the Health Data and Advisory Council Consolidation Act, requires every organization that operates, conducts, or maintains a health facility to make and file with the Office of Statewide Health Planning and Development (OSHPD) specified reports containing various financial and patient data. Existing law requires OSHPD to maintain a file of those reports in its Sacramento office and to compile and publish summaries of individual facility and aggregate data that do not contain patient-specific information for the purpose of public disclosure. +This bill would require OSHPD to include summaries of observation services data, upon request, in the data summaries maintained by OSHPD under the act. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 128765 of, and to add Section 1253.7 to, the Health and Safety Code, relating to health care." +295,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1281.65 is added to the Code of Civil Procedure, to read: +1281.65. +(a) From the time of appointment until the conclusion of the arbitration, an arbitrator shall not entertain or accept either of the following: +(1) Any offers of employment or new professional relationships as a lawyer, expert witness, or consultant from a party or lawyer for a party in the pending arbitration. +(2) In a consumer arbitration case, any offers of employment as a dispute resolution neutral in another case involving a party or lawyer for a party in the pending arbitration unless all parties to the pending arbitration, including the lawyers in the arbitration, have conferred and agreed in writing, before any solicitation of the arbitrator, to allow offers of future employment as a dispute resolution neutral to be made to the arbitrator. +(b) This section does not apply to an arbitration conducted or administered by a self-regulatory organization, as defined by the federal Securities Exchange Act of 1934 (15 U.S.C. Sec. 78a) or regulations adopted under that act. This section also does not apply to an arbitration conducted pursuant to the terms of a public or private sector collective bargaining agreement. +(c) For purposes of this section, “lawyer for a party” has the same definition as that term is defined in Section 1281.9. +SEC. 2. +Section 1281.9 of the Code of Civil Procedure is amended to read: +1281.9. +(a) In any arbitration pursuant to an arbitration agreement, when a person is to serve as a neutral arbitrator, the proposed neutral arbitrator shall disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartial, including all of the following: +(1) The existence of any ground specified in Section 170.1 for disqualification of a judge. For purposes of paragraph (8) of subdivision (a) of Section 170.1, the proposed neutral arbitrator shall disclose whether or not he or she has a current arrangement concerning prospective employment or other compensated service as a dispute resolution neutral or is participating in, or, within the last two years, has participated in, discussions regarding such prospective employment or service with a party to the proceeding. +(2) Any matters required to be disclosed by the ethics standards for neutral arbitrators adopted by the Judicial Council pursuant to this chapter. +(3) The names of the parties to all prior or pending noncollective bargaining cases in which the proposed neutral arbitrator served or is serving as a party arbitrator for a party to the arbitration proceeding or for a lawyer for a party and the results of each case arbitrated to conclusion, including the date of the arbitration award, identification of the prevailing party, the names of the parties’ attorneys, and the amount of monetary damages awarded, if any. In order to preserve confidentiality, it shall be sufficient to give the name of any party who is not a party to the pending arbitration as “claimant” or “respondent” if the party is an individual and not a business or corporate entity. +(4) The names of the parties to all prior or pending noncollective bargaining cases involving a party to the arbitration or lawyer for a party for which the proposed neutral arbitrator served or is serving as neutral arbitrator, and the results of each case arbitrated to conclusion, including the date of the arbitration award, identification of the prevailing party, the names of the parties’ attorneys and the amount of monetary damages awarded, if any. In order to preserve confidentiality, it shall be sufficient to give the name of any party not a party to the pending arbitration as “claimant” or “respondent” if the party is an individual and not a business or corporate entity. +(5) Any attorney-client relationship the proposed neutral arbitrator has or had with a party or lawyer for a party to the arbitration proceeding. +(6) Any professional or significant personal relationship the proposed neutral arbitrator or his or her spouse or minor child living in the household has or has had with a party to the arbitration proceeding or lawyer for a party. +(7) (A) For a consumer arbitration case, any solicitation made within the last two years by, or at the direction of, the private arbitration company to a party or lawyer for a party to the consumer arbitration. During the pendency of the consumer arbitration, no solicitation shall be made of a party to the arbitration or of a lawyer for a party to the arbitration. Any solicitation made before January 1, 2017, is not required to be disclosed pursuant to this paragraph. +(B) This paragraph does not apply to an arbitration conducted or administered by a self-regulatory organization, as defined by the federal Securities Exchange Act of 1934 (15 U.S.C. Sec. 78a) or regulations adopted under that act. +(C) (i) For purposes of this paragraph, “solicitation” includes either of the following: +(I) Private presentations made to a party or lawyer for a party by the private arbitration company or the arbitrator. +(II) Oral or written discussions, meetings, or negotiations to designate the private arbitration company or the arbitrator as the arbitration provider or arbitrator for a party in specific contracts. +(ii) For purposes of this paragraph, “solicitation” does not include any of the following: +(I) Advertising directed to the general public. +(II) Communications indicating a general willingness to serve as an arbitrator or private arbitration company. For purposes of this subclause, “communications” include, but are not limited to, standard educational materials about alternative dispute resolution or the provider organization. +(III) Presentations made by the private arbitration company or the arbitrator at a program or seminar held open to the public. +(IV) Responding to inquiries regarding the arbitration provider’s costs, rules, procedures, or standards. +(b) Subject only to the disclosure requirements of law, the proposed neutral arbitrator shall disclose all matters required to be disclosed pursuant to this section to all parties in writing within 10 calendar days of service of notice of the proposed nomination or appointment. +(c) For purposes of this section, “lawyer for a party” includes any lawyer or law firm currently associated in the practice of law with the lawyer hired to represent a party. +(d) For purposes of this section, “prior cases” means noncollective bargaining cases in which an arbitration award was rendered within five years before the date of the proposed nomination or appointment. +(e) For purposes of this section, “any arbitration” does not include an arbitration conducted pursuant to the terms of a public or private sector collective bargaining agreement. +SEC. 3. +The provisions of this bill are severable. If any provision of this bill or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law governs arbitration in civil proceedings. Under existing law, a neutral arbitrator is defined as one who is selected jointly by the parties or by the parties’ arbitrators, or is appointed by the court if the parties or their arbitrators cannot jointly select an arbitrator. Existing law requires a person selected to serve as a neutral arbitrator to disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt as to the proposed neutral arbitrator’s impartiality. Existing law requires the disclosure to include, among other things, whether or not the proposed neutral arbitrator has a current arrangement concerning prospective employment or other compensated service as a dispute resolution neutral with a party to the proceeding, or is participating in, or has participated within the last 2 years in, discussions regarding such prospective employment or service. +This bill, in a consumer arbitration case, would also require the disclosure of any solicitation made within the last 2 years by, or at the direction of, a private arbitration company to a party or lawyer for a party. The bill would only require disclosure of solicitations made after January 1, 2017. The bill would specify what is, and what is not, a solicitation for purposes of this disclosure. The bill would prohibit the solicitation of a party or lawyer for a party during the pendency of the arbitration. The bill would also prohibit an arbitrator, from the time of appointment until the conclusion of the arbitration, from entertaining or accepting any offers of employment or offers of new professional relationships, and, in a consumer arbitration case, would prohibit the arbitrator from entertaining or accepting any offers of employment as a dispute resolution neutral in another case from a party or lawyer for a party in the pending arbitration, except as provided. +This bill would exempt specified self-regulatory organizations from the application of the bill. The bill would provide that its provisions are severable.","An act to amend Section 1281.9 of, and to add Section 1281.65 to, the Code of Civil Procedure, relating to arbitration." +296,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3033 of the Fish and Game Code is amended to read: +3033. +(a) Pursuant to this section, the department shall issue to a disabled veteran or recovering service member who has not been convicted of a violation of this code a free hunting license that authorizes the licensee to take a bird or mammal as authorized by this code and regulations adopted pursuant to this code. +(b) The license issued pursuant to this section shall be issued free of any charge or fee. +(c) For the purposes of this section, the following terms have the following meanings: +(1) “Disabled veteran” means a person having a 50 percent or greater service-connected disability and an honorable discharge from military service. +(2) “Recovering service member” means a member of the military who meets the definition of “recovering service member” in Section 1602(7) of the federal National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181). +(d) A person applying for a free hunting license shall submit to the department adequate documentation for the department to determine whether the person is, in fact, eligible for a free hunting license. The department shall not issue a free hunting license to a person unless it is satisfied that the person has provided adequate documentation of eligibility for that license. +(e) A disabled veteran shall submit the following documentation: +(1) Proof of an honorable discharge from military service. +(2) Proof of the disability described in paragraph (1) of subdivision (c), either by certification from the United States Department of Veterans Affairs or by presentation of a license issued pursuant to this section in the preceding license year. +(f) A recovering service member shall submit a letter to the department stating that the person is a recovering service member as defined in subdivision (d), from either that person’s commanding officer or a military medical doctor. The letter may be submitted either in hard copy form or online. +(g) Notwithstanding subdivision (c) of Section 3031 and subdivision (f) of Section 3031.2, the commission shall not increase the fees required to obtain the licenses specified in Sections 3031 and 3031.2 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit. +(h) (1) The department shall not charge a person who receives a free hunting license pursuant to this section a fee to obtain a tag, validation, or other entitlement required in addition to a valid hunting license to take a bird or mammal. +(2) Notwithstanding any other law, the commission shall not increase the fee required to obtain a tag, validation, or other entitlement for a person not receiving the discount pursuant to this subdivision to recover the cost of providing the discount. +SEC. 2. +Section 3034 is added to the Fish and Game Code, to read: +3034. +(a) Upon application pursuant to this section and payment of a fee of five dollars ($5), the department shall issue to a veteran of the Armed Forces of the United States, who was honorably discharged and who has not been convicted of a violation of this code, a reduced fee hunting license that authorizes the licensee to take a bird or mammal as authorized by this code and regulations adopted pursuant to this code. +(b) The license fee for a reduced fee hunting license shall be not be adjusted pursuant to Section 713. +(c) A person applying for a reduced fee hunting license shall submit to the department adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee hunting license. The department shall not issue a reduced fee hunting license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license. +(d) Notwithstanding subdivision (c) of Section 3031 and subdivision (f) of Section 3031.2, the commission shall not increase the fees required to obtain the licenses specified in Sections 3031 and 3031.2 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit. +(e) (1) The department shall reduce the fee for a tag, validation, or other entitlement required in addition to a valid hunting license to take a bird or mammal by 50 percent for a person who receives a reduced fee hunting license pursuant to this section. +(2) Notwithstanding any other law, the commission shall not increase the fee required to obtain a tag, validation, or other entitlement for a person not receiving the discount pursuant to this subdivision to recover the cost of providing the discount. +SEC. 3. +Section 7150 of the Fish and Game Code is amended to read: +7150. +(a) Upon application to the department’s headquarters office in Sacramento and payment of a base fee of four dollars ($4), as adjusted pursuant to Section 713, a person who meets the eligibility requirements specified in subdivision (b) shall be issued a reduced fee sport fishing license that is valid for one year as specified in paragraphs (1) and (2) of subdivision (a) of Section 7149.05 and that authorizes the licensee to take any fish, reptile, or amphibians anywhere in this state as otherwise authorized pursuant to this code and regulations adopted pursuant thereto for purposes other than profit. +(b) A person who meets the following requirements shall be eligible for a reduced fee license pursuant to this section: +(1) The person has not been convicted of any violation of this code. +(2) The person is over 65 years of age. +(3) The person is a resident of this state. +(4) The person’s total monthly income from all sources, including any old age assistance payments, does not exceed the amount in effect on September 1 of each year contained in subdivision (c) of Section 12200 of the Welfare and Institutions Code for single persons or subdivision (d) of Section 12200 of the Welfare and Institutions Code combined income for married persons, as adjusted pursuant to that section. The amount in effect on September 1 of each year shall be the amount used to determine eligibility for a reduced fee license during the following calendar year. +(c) A person applying for a reduced fee sport fishing license shall submit adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee sport fishing license. The documentation shall be in the form of a letter or other document, as specified by the department, from a public agency. The department shall not issue a reduced fee sport fishing license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license. +(d) The adjustment of the base fee pursuant to Section 713 specified in subdivision (a) shall be applicable to the fishing license years beginning on or after January 1, 1996. +SEC. 4. +Section 7150.5 is added to the Fish and Game Code, to read: +7150.5. +(a) Upon application to the department’s headquarters office in Sacramento and payment of a fee of five dollars ($5), a veteran of the Armed Forces of the United States, who was honorably discharged and who has not been convicted of any violation of this code, shall be issued a reduced fee sport fishing license that is valid for one year as specified in paragraphs (1) and (2) of subdivision (a) of Section 7149.05 and that authorizes the licensee to take any fish, reptile, or amphibians anywhere in this state as otherwise authorized pursuant to this code and regulations adopted pursuant thereto for purposes other than profit. +(b) A person applying for a reduced fee sport fishing license shall submit adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee sport fishing license. The documentation shall be in the form of a letter or other document, as specified by the department, from a public agency. The department shall not issue a reduced fee sport fishing license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license. +(c) The fee required pursuant to subdivision (a) shall not be adjusted pursuant to Section 713. +(d) Notwithstanding subdivision (e) of Section 7149.05, the commission shall not increase the fees required to obtain the license specified in Section 7149.05 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit. +(e) (1) The department shall reduce the fee for a sport fishing report card, validation, or other entitlement required in addition to a valid sport fishing license to take an amphibian, reptile, or fish by 50 percent for a person who receives a reduced fee sport fishing license pursuant to this section. +(2) Notwithstanding subdivision (g) of Section 6596.1, subdivision (c) of Section 7149.8, or any other law, the commission shall not increase the fee required to obtain a sport fishing report card, validation, or other entitlement for a person not receiving the discount pursuant to this subdivision to recover the cost of providing the discount. +SEC. 5. +Section 7151 of the Fish and Game Code is amended to read: +7151. +(a) Upon application to the department, the following persons, if they have not been convicted of any violation of this code, shall be issued, free of any charge or fee, a sport fishing license, that authorizes the licensee to take any fish, reptile, or amphibian anywhere in this state for purposes other than profit: +(1) Any blind person upon presentation of proof of blindness. “Blind person” means a person with central visual acuity of 20/200 or less in the better eye, with the aid of the best possible correcting glasses, or central visual acuity better than 20/200 if the widest diameter of the remaining visual field is no greater than 20 degrees. Proof of blindness shall be by certification from a qualified licensed optometrist or ophthalmologist or by presentation of a license issued pursuant to this paragraph in any previous license year. +(2) Every resident Native American who, in the discretion of the department, is financially unable to pay the fee required for the license. +(3) Any developmentally disabled person, upon presentation of certification of that disability from a qualified licensed physician, or the director of a state regional center for the developmentally disabled. +(4) Any person who is a resident of the state and who is so severely physically disabled as to be permanently unable to move from place to place without the aid of a wheelchair, walker, forearm crutches, or a comparable mobility-related device. Proof of the disability shall be by certification from a licensed physician or surgeon or, by presentation of a license issued pursuant to this paragraph in any previous license year after 1996. +(5) A disabled veteran having a 50 percent or greater service-connected disability upon presentation of proof of an honorable discharge from military service and proof of the disability. Proof of the disability shall be by certification from the United States +Veterans Administration +Department of Veterans Affairs +or by presentation of a license issued pursuant to this paragraph in the preceding license year. +(6) A member of the military who is a “recovering service member” pursuant to Section 1602(7) of the federal National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181). A person shall be eligible for a free sport fishing license pursuant to this paragraph upon the submission of a letter, online or in hardcopy, to the department from that person’s commanding officer or from a military medical doctor stating that the person is a recovering service member. +(b) Sport fishing licenses issued pursuant to paragraphs (2), (5), and (6) of subdivision (a) are valid for the calendar year of issue or, if issued after the beginning of the year, for the remainder thereof. +(c) Sport fishing licenses issued pursuant to paragraphs (1), (3), and (4) of subdivision (a) are valid for five calendar years, or if issued after the beginning of the first year, for the remainder thereof. +(d) Upon application to the department, the department may issue, free of any charge or fee, a sport fishing license to groups of mentally or physically handicapped persons under the care of a certified federal, state, county, city, or private licensed care center that is a community care facility as defined in subdivision (a) of Section 1502 of the Health and Safety Code, to organizations exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code, or to schools or school districts. Any organization that applies for a group fishing license shall provide evidence that it is a legitimate private licensed care center, tax-exempt organization, school, or school district. The license shall be issued to the person in charge of the group and shall be in his or her possession when the group is fishing. Employees of private licensed care centers, tax-exempt organizations, schools, or school districts are exempt from Section 7145 only while assisting physically or mentally disabled persons fishing under the authority of a valid license issued pursuant to this section. The license shall include the location where the activity will take place, the date or dates of the activity, and the maximum number of people in the group. The licenseholder shall notify the local department office before fishing and indicate where, when, and how long the group will fish. +(e) Upon application to the department, the department may issue, free of any charge or fee, a sport fishing license to a nonprofit organization for day-fishing trips that provide recreational rehabilitation therapy for active duty members of the United States military who are currently receiving inpatient care in a military or +United States Department of +Veterans +Administration +Affairs +hospital and veterans with service-connected disabilities. The license shall be valid for the calendar year of issue or, if issued after the beginning of the year, for the remainder of that year. The license shall be issued to the person in charge of the group, and shall be in the licenseholder’s possession when the group is fishing. The organization shall notify the local department office before fishing and indicate where, when, and how long the group will fish. To be eligible for a license under this subdivision, an organization shall be registered to do business in this state or exempt from taxation under Section 501(c) of the federal Internal Revenue Code. +(f) On January 15 of each year, the department shall determine the number of free sport fishing licenses in effect during the preceding year under subdivisions (a), (d), and (e). +(g) There shall be appropriated from the General Fund a sum equal to two dollars ($2) per free sport fishing license in effect during the preceding license year under subdivisions (a) and (d), as determined by the department pursuant to subdivision (f). That sum may be appropriated annually in the Budget Act for transfer to the Fish and Game Preservation Fund and appropriated in the Budget Act from the Fish and Game Preservation Fund to the department for the purposes of this part. +(h) Notwithstanding subdivision (e) of Section 7149.05, the commission shall not increase the fees required to obtain the license specified in +Section +7149.05 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit. +(i) (1) The department shall not charge a person who receives a free sport fishing license pursuant to paragraph (5) or (6) of subdivision (a) a fee to obtain a sport fishing report card, validation, or other entitlement required in addition to a valid sport fishing license to take an amphibian, reptile, or fish. +(2) Notwithstanding subdivision (g) of Section 6596.1, subdivision (c) of Section 7149.8, or any other law, the commission shall not increase the fee required to obtain a sport fishing report card, validation, or other entitlement for a person not receiving the discount pursuant to this subdivision to recover the cost of providing the discount.","(1) Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law requires the Department of Fish and Wildlife to issue a hunting license for a term of one year, as provided, upon payment of a fee, to eligible residents and nonresidents. Existing law requires the department to issue a reduced fee hunting license for a term of one year, as provided, upon payment of a reduced fee, to a disabled veteran or recovering service member, as specified. Existing law requires these fees to be adjusted annually according to a specified index. +Under existing law, the department issues tags, validations, and other entitlements upon payment of specified fees that are required in addition to a valid hunting license to take specified birds and mammals for purposes other than commercial purposes. +This bill would instead require the department to issue a free hunting license, upon application to the department, to a disabled veteran or recovering service member and would require the +department, +department +to issue a reduced fee hunting license, upon application and payment of a fee of $5, to a veteran of the Armed Forces of the United States who was honorably discharged. The bill would prohibit the reduced hunting license fee from being adjusted pursuant to the specified index. +The bill would require the department to reduce the fee required for a tag, validation, or other entitlement by 50% for a person who receives a reduced fee hunting license for veterans and would prohibit the department from charging a person who receives a free hunting license for disabled veterans or recovering service members a fee for these entitlements. +(2) Existing law requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit to first obtain a sport fishing license for that purpose and to have that license on his or her person or in his or her immediate possession when engaged in carrying out any activity authorized by the license. Existing law requires the department to issue a sport fishing license for the period of a calendar year, as provided, upon payment of a specified fee, to eligible residents and nonresidents. Existing law requires the department to issue a reduced fee sport fishing license +to +for the period of a calendar year upon payment of a reduced fee to a disabled veteran or recovering service member, as specified. Existing law requires these fees to be adjusted annually according to a specified index. +Under existing law, the department issues sport fishing report cards and validations upon payment of specified fees that authorize various activities relating to the taking and possession of amphibians, reptiles, and fish for purposes other than profit. +This bill would instead require the department to issue a free sport fishing license, upon application to the department, to a disabled veteran or recovering service member and would require the department to issue a reduced fee sport fishing license, upon application and payment of a fee of $5, to a veteran of the Armed Forces of the United States who was honorably discharged. The bill would prohibit this reduced fishing license fee from being adjusted pursuant to the specified index. +The bill would require the department to reduce the fee required to obtain a sport fishing report card, validation, or other entitlement by 50% for a person who receives a reduced fee sport fishing license for veterans and would prohibit the department from charging a person who receives +a free sport fishing license for disabled veterans or recovering service members a fee for these entitlements +.","An act to amend Sections 3033, 7150, and 7151 of, and to add Sections 3034 and 7150.5 to, the Fish and Game Code, relating to fish and wildlife." +297,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6795.2 is added to the Business and Professions Code, to read: +6795.2. +(a) At the time of renewal specified in Section 6795 or 6796, the board shall administer an assessment of the certificate holder to reinforce the certificate holder’s knowledge of state laws and the board’s rules and regulations. Failure to complete this assessment within 60 days after the date of expiration of the certificate may result in disciplinary action under Section 6775, but shall not affect the renewal of the certificate. +(b) The crime in subdivision (j) of Section 6787 shall not apply to this section. +(c) The board shall not charge the certificate holder a fee for the administration or development of the assessment. +(d) For the purposes of this section, “assessment” means an online program that contains educational reading material and questions. The material shall be based on state law and the board’s rules and regulations relating to the practice of professional engineers. The scope of the assessment shall be limited to the board’s top five types of violations related to the administrative and procedural aspects of the practice of professional engineers and any changes or additions to existing law related to such administrative and procedural aspects. +SEC. 2. +Section 7841.1 of the Business and Professions Code is amended to read: +7841.1. +An applicant for licensure as a geophysicist shall have all of the following qualifications. This section shall not apply to applicants for licensure as geologists. +(a) Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480. +(b) Meet one of the following educational requirements fulfilled at a school or university whose curricula meet criteria established by rules of the board. +(1) Graduation with a major in a geophysical science or any other discipline that, in the opinion of the board, is relevant to geophysics. +(2) Completion of a combination of at least 30 semester hours, or the equivalent, in courses that, in the opinion of the board, are relevant to geophysics. At least 24 semester hours, or the equivalent, shall be in the third or fourth year, or graduate courses. +(c) Have at least seven years of professional geophysical work that shall include either a minimum of three years of professional geophysical work under the supervision of a professional geophysicist, except that prior to July 1, 1973, professional geophysical work shall qualify under this subdivision if it is under the supervision of a qualified geophysicist, or a minimum of five years’ experience in responsible charge of professional geophysical work. Professional geophysical work does not include the routine maintenance or operation of geophysical instruments, or, even if carried out under the responsible supervision of a professional geophysicist, the routine reduction or plotting of geophysical observations. +Each year of undergraduate study in the geophysical sciences referred to in this section shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training. +Teaching in the geophysical sciences referred to in this section at a college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of the third or fourth year or graduate courses. +Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of four years towards meeting the requirements for at least seven years of professional geophysical work as set forth above. +The ability of the applicant shall have been demonstrated by his or her having performed the work in a responsible position, as the term “responsible position” is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it. +(d) Successfully pass a written examination that shall test the applicant’s knowledge of state laws, rules, and regulations, and of the principles and practices of geophysics within this state. The board shall administer the test on the state laws and the board’s rules and regulations as a separate part of the examination for licensure as a geophysicist. +SEC. 3. +Section 7881.5 is added to the Business and Professions Code, to read: +7881.5. +(a) At the time of renewal specified in Section 7880 or 7881, the board shall administer an assessment of the certificate holder to reinforce the certificate holder’s knowledge of state laws and the board’s rules and regulations. Failure to complete this assessment within 60 days after the date of expiration of the certificatcified in Section 8801 or 8802, the board shall administer an assessment of the licenseholder to reinforce the licenseholder’s knowledge of state laws and the board’s rules and regulations. Failure to complete this assessment within 60 days after the date of expiration of the license may result in disciplinary action under Section 8780, but shall not affect the renewal of the license. +(b) The crime in subdivision (j) of Section 8792 shall not apply to this section. +(c) The board shall not charge the licenseholder a fee for the administration or development of the assessment. +(d) For the purposes of this section, “assessment” means an online program that contains educational reading material and questions. The material shall be based on state law and the board’s rules and regulations relating to the practice of professional land surveyors. The scope of the assessment shall be limited to the board’s top five types of violations related to the administrative and procedural aspects of the practice of professional land surveyors and any changes or additions to existing law related to such administrative and procedural aspects.","Existing law makes the Board for Professional Engineers, Land Surveyors, and Geologists responsible for the certification, licensure, and regulation of the practice of professional engineering, the practice of professional geologists and geophysicists, and the practice of professional land surveyors. Except for an applicant for a geophysicist license, existing law requires these applicants for a certificate or license to complete an examination that tests knowledge of state laws, as provided. Existing law subjects these certificates and licenses to renewal and requires the holder of the certificate or license to apply for renewal on a form prescribed by the board and pay a prescribed fee, as provided. +This bill would additionally require an applicant for renewal to complete a board-administered online assessment to reinforce the certificate holder’s or licenseholder’s knowledge of laws applicable to his or her practice area. The bill would authorize the failure to complete the assessment within a specified period of time to be a cause for disciplinary action. The bill would prohibit the board from charging the renewal applicant a fee for the administration or development of the assessment. The bill would also require an applicant for a geophysicist license to complete an examination that tests knowledge of state laws, as provided.","An act to amend Section 7841.1 of, and to add Sections 6795.2, 7881.5, and 8801.1 to, the Business and Professions Code, relating to professions and vocations." +298,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1560 of the Evidence Code is amended to read: +1560. +(a) As used in this article: +(1) “Business” includes every kind of business described in Section 1270. +(2) “Record” includes every kind of record maintained by a business. +(b) Except as provided in Section 1564, when a subpoena duces tecum is served upon the custodian of records or other qualified witness of a business in an action in which the business is neither a party nor the place where any cause of action is alleged to have arisen, and the subpoena requires the production of all or any part of the records of the business, it is sufficient compliance therewith if the custodian or other qualified witness delivers by mail or otherwise a true, legible, and durable copy of all of the records described in the subpoena to the clerk of the court or to another person described in subdivision (d) of Section 2026.010 of the Code of Civil Procedure, together with the affidavit described in Section 1561, within one of the following time periods: +(1) In any criminal action, five days after the receipt of the subpoena. +(2) In any civil action, within 15 days after the receipt of the subpoena. +(3) Within the time agreed upon by the party who served the subpoena and the custodian or other qualified witness. +(c) The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, name of witness, and date of subpoena clearly inscribed thereon; the sealed envelope or wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and directed as follows: +(1) If the subpoena directs attendance in court, to the clerk of the court. +(2) If the subpoena directs attendance at a deposition, to the officer before whom the deposition is to be taken, at the place designated in the subpoena for the taking of the deposition or at the officer’s place of business. +(3) In other cases, to the officer, body, or tribunal conducting the hearing, at a like address. +(d) Unless the parties to the proceeding otherwise agree, or unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of the records shall remain sealed and shall be opened only at the time of trial, deposition, or other hearing, upon the direction of the judge, officer, body, or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at the trial, deposition, or hearing. Records that are original documents and that are not introduced in evidence or required as part of the record shall be returned to the person or entity from whom received. Records that are copies may be destroyed. +(e) As an alternative to the procedures described in subdivisions (b), (c), and (d), the subpoenaing party in a civil action may direct the witness to make the records available for inspection or copying by the party’s attorney, the attorney’s representative, or deposition officer as described in Section 2020.420 of the Code of Civil Procedure, at the witness’ business address under reasonable conditions during normal business hours. Normal business hours, as used in this subdivision, means those hours that the business of the witness is normally open for business to the public. When provided with at least five business days’ advance notice by the party’s attorney, attorney’s representative, or deposition officer, the witness shall designate a time period of not less than six continuous hours on a date certain for copying of records subject to the subpoena by the party’s attorney, attorney’s representative, or deposition officer. It shall be the responsibility of the attorney’s representative to deliver any copy of the records as directed in the subpoena. Disobedience to the deposition subpoena issued pursuant to this subdivision is punishable as provided in Section 2020.240 of the Code of Civil Procedure. +(f) If a search warrant for business records is served upon the custodian of records or other qualified witness of a business in compliance with Section 1524 of the Penal Code regarding a criminal investigation in which the business is neither a party nor the place where any crime is alleged to have occurred, and the search warrant provides that the warrant will be deemed executed if the business causes the delivery of records described in the warrant to the law enforcement agency ordered to execute the warrant, it is sufficient compliance therewith if the custodian or other qualified witness delivers by mail or otherwise a true, legible, and durable copy of all of the records described in the search warrant to the law enforcement agency ordered to execute the search warrant, together with the affidavit described in Section 1561, within five days after the receipt of the search warrant or within such other time as is set forth in the warrant. This subdivision does not abridge or limit the scope of search warrant procedures set forth in Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code or invalidate otherwise duly executed search warrants. +SEC. 2. +Section 1561 of the Evidence Code is amended to read: +1561. +(a) The records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following: +(1) The affiant is the duly authorized custodian of the records or other qualified witness and has authority to certify the records. +(2) The copy is a true copy of all the records described in the subpoena duces tecum or search warrant, or pursuant to subdivision (e) of Section 1560, the records were delivered to the attorney, the attorney’s representative, or deposition officer for copying at the custodian’s or witness’ place of business, as the case may be. +(3) The records were prepared by the personnel of the business in the ordinary course of business at or near the time of the act, condition, or event. +(4) The identity of the records. +(5) A description of the mode of preparation of the records. +(b) If the business has none of the records described, or only part thereof, the custodian or other qualified witness shall so state in the affidavit, and deliver the affidavit and those records that are available in one of the manners provided in Section 1560. +(c) If the records described in the subpoena were delivered to the attorney or his or her representative or deposition officer for copying at the custodian’s or witness’ place of business, in addition to the affidavit required by subdivision (a), the records shall be accompanied by an affidavit by the attorney or his or her representative or deposition officer stating that the copy is a true copy of all the records delivered to the attorney or his or her representative or deposition officer for copying. +SEC. 3. +Section 1563 of the Evidence Code is amended to read: +1563. +(a) This article does not require tender or payment of more than one witness fee and one mileage fee or other charge, to a witness or witness’ business, unless there is an agreement to the contrary between the witness and the requesting party. +(b) All reasonable costs incurred in a civil proceeding by a witness who is not a party with respect to the production of all or any part of business records requested pursuant to a subpoena duces tecum shall be charged against the party serving the subpoena duces tecum. +(1) “Reasonable costs,” as used in this section, includes, but is not limited to, the following specific costs: ten cents ($0.10) per page for standard reproduction of documents of a size 8 +1/2 +by 14 inches or less; twenty cents ($0.20) per page for copying of documents from microfilm; actual costs for the reproduction of oversize documents or the reproduction of documents requiring special processing which are made in response to a subpoena; reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of twenty-four dollars ($24) per hour per person, computed on the basis of six dollars ($6) per quarter hour or fraction thereof; actual postage charges; and the actual cost, if any, charged to the witness by a third person for the retrieval and return of records held offsite by that third person. +(2) The requesting party, or the requesting party’s deposition officer, shall not be required to pay the reasonable costs or any estimate thereof before the records are available for delivery pursuant to the subpoena, but the witness may demand payment of costs pursuant to this section simultaneous with actual delivery of the subpoenaed records, and until payment is made, the witness is under no obligation to deliver the records. +(3) The witness shall submit an itemized statement for the costs to the requesting party, or the requesting party’s deposition officer, setting forth the reproduction and clerical costs incurred by the witness. If the costs exceed those authorized in paragraph (1), or if the witness refuses to produce an itemized statement of costs as required by paragraph (3), upon demand by the requesting party, or the requesting party’s deposition officer, the witness shall furnish a statement setting forth the actions taken by the witness in justification of the costs. +(4) The requesting party may petition the court in which the action is pending to recover from the witness all or a part of the costs paid to the witness, or to reduce all or a part of the costs charged by the witness, pursuant to this subdivision, on the grounds that those costs were excessive. Upon the filing of the petition the court shall issue an order to show cause and from the time the order is served on the witness the court has jurisdiction over the witness. The court may hear testimony on the order to show cause and if it finds that the costs demanded and collected, or charged but not collected, exceed the amount authorized by this subdivision, it shall order the witness to remit to the requesting party, or reduce its charge to the requesting party by an amount equal to, the amount of the excess. If the court finds the costs were excessive and charged in bad faith by the witness, the court shall order the witness to remit the full amount of the costs demanded and collected, or excuse the requesting party from any payment of costs charged but not collected, and the court shall also order the witness to pay the requesting party the amount of the reasonable expenses incurred in obtaining the order, including attorney’s fees. If the court finds the costs were not excessive, the court shall order the requesting party to pay the witness the amount of the reasonable expenses incurred in defending the petition, including attorney’s fees. +(5) If a subpoena is served to compel the production of business records and is subsequently withdrawn, or is quashed, modified, or limited on a motion made other than by the witness, the witness shall be entitled to reimbursement pursuant to paragraph (1) for all reasonable costs incurred in compliance with the subpoena to the time that the requesting party has notified the witness that the subpoena has been withdrawn or quashed, modified, or limited. If the subpoena is withdrawn or quashed, if those costs are not paid within 30 days after demand therefor, the witness may file a motion in the court in which the action is pending for an order requiring payment, and the court shall award the payment of expenses and attorney’s fees in the manner set forth in paragraph (4). +(6) If records requested pursuant to a subpoena duces tecum are delivered to the attorney, the attorney’s representative, or the deposition officer for inspection or photocopying at the witness’ place of business, the only fee for complying with the subpoena shall not exceed fifteen dollars ($15), plus the actual cost, if any, charged to the witness by a third person for retrieval and return of records held offsite by that third person. If the records are retrieved from microfilm, the reasonable costs, as defined in paragraph (1), applies. +(c) If the personal attendance of the custodian of a record or other qualified witness is required pursuant to Section 1564, in a civil proceeding, he or she shall be entitled to the same witness fees and mileage permitted in a case where the subpoena requires the witness to attend and testify before a court in which the action or proceeding is pending and to any additional costs incurred as provided by subdivision (b).","Existing law provides that when a subpoena duces tecum is served upon the custodian of records or other qualified witness of a business in a criminal action in which the business is neither a party nor the place where any cause of action is alleged to have arisen, and the subpoena requires the production of all or any part of the records of the business, it is sufficient compliance therewith if the custodian or other qualified witness, within 5 days after the receipt of the subpoena or within a time otherwise agreed upon, delivers a copy of all the records described in the subpoena to the clerk of the court, the judge, or another person, as specified. Existing law requires that the records be accompanied with an affidavit from the custodian attesting to specified information. +Existing law also provides for the service of search warrants for the seizure of business records, as specified. +This bill would authorize a custodian of business records to comply with a search warrant for certain business records by delivering a true, legible, and durable copy of all of the records described in the search warrant to the law enforcement agency ordered to execute the search warrant, if the warrant provides for compliance in that manner. The bill would require that the records be delivered within 5 days of receipt of the search warrant or such other time as is specified in the search warrant. The bill would require that the records be accompanied by an affidavit of the custodian of records attesting to the same information that is required with respect to a subpoena duces tecum. +Existing law authorizes all reasonable costs, as specified, incurred by a nonparty witness to be charged against the party serving the subpoena duces tecum. +This bill would make technical, nonsubstantive changes to those provisions.","An act to amend Sections 1560, 1561, and 1563 of the Evidence Code, relating to evidence." +299,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 803 of the Penal Code is amended to read: +803. +(a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. +(b) No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter. +(c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses: +(1) Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93. +(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10. +(3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code. +(4) A violation of Section 1090 or 27443 of the Government Code. +(5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code. +(6) Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code. +(7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code. +(8) A violation of Section 22430 of the Business and Professions Code. +(9) A violation of Section 103800 of the Health and Safety Code. +(10) A violation of Section 529a. +(11) A violation of subdivision (d) or (e) of Section 368. +(d) If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations. +(e) A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code. +(f) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under 18 years of age, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object. +(2) This subdivision applies only if all of the following occur: +(A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired. +(B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual. +(C) There is independent evidence that corroborates the victim’s allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim’s allegation. +(3) No evidence may be used to corroborate the victim’s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals. +(4) (A) In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation. +(B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege. +(C) This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith. +(g) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met: +(A) The crime is one that is described in subdivision (c) of Section 290. +(B) The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense. +(2) For purposes of this section, “DNA” means deoxyribonucleic acid. +(h) For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product. +(i) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647. +(j) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense. +(k) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense. +(l) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code. +(m) Notwithstanding any other limitation of time prescribed in this chapter, if a person actively conceals or attempts to conceal an accidental death in violation of Section 152, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of that offense. +SEC. 1.5. +Section 803 of the Penal Code is amended to read: +803. +(a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. +(b) No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter. +(c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses: +(1) Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93. +(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10. +(3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code. +(4) A violation of Section 1090 or 27443 of the Government Code. +(5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code. +(6) Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code. +(7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code. +(8) A violation of Section 22430 of the Business and Professions Code. +(9) A violation of Section 103800 of the Health and Safety Code. +(10) A violation of Section 529a. +(11) A violation of subdivision (d) or (e) of Section 368. +(d) If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations. +(e) A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code. +(f) (1) Notwithstanding any other limitation of time described in this chapter, if subdivision (b) of Section 799 does not apply, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under 18 years of age, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object. +(2) This subdivision applies only if all of the following occur: +(A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired. +(B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual. +(C) There is independent evidence that corroborates the victim’s allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim’s allegation. +(3) No evidence may be used to corroborate the victim’s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals. +(4) (A) In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation. +(B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege. +(C) This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith. +(g) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met: +(A) The crime is one that is described in subdivision (c) of Section 290. +(B) The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense. +(2) For purposes of this section, “DNA” means deoxyribonucleic acid. +(h) For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product. +(i) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647. +(j) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense. +(k) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense. +(l) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code. +(m) Notwithstanding any other limitation of time prescribed in this chapter, if a person actively conceals or attempts to conceal an accidental death in violation of Section 152, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of that offense. +SEC. 2. +Section 1.5 of this bill incorporates amendments to Section 803 of the Penal Code proposed by both this bill and Senate Bill 813. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 803 of the Penal Code, and (3) this bill is enacted after Senate Bill 813, in which case Section 1 of this bill shall not become operative.","Existing law makes it a misdemeanor for a person who has knowledge of an accidental death to actively conceal or attempt to conceal that death. Existing law provides that the punishment for that offense is imprisonment in a county jail for not more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that fine and imprisonment. +Existing law also sets forth various time limits to prosecute crimes. Except as otherwise specified, prosecution for an offense that is not punishable by death or imprisonment in the state prison is required to be commenced within one year after commission of the offense. Existing law provides that for certain offenses, the prescribed limitation of time does not commence to run until the discovery of the offense. Existing law also provides that for other offenses, the criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the crime, as specified. +This bill would provide that for the offense of actively concealing or attempting to conceal an accidental death, as described above, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the offense. +This bill would incorporate changes to Section 803 of the Penal Code proposed by both this bill and SB 813, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Section 803 of the Penal Code, relating to wrongful concealment." +300,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 120500 of the Health and Safety Code is amended to read: +120500. +As used in the Communicable Disease Prevention and Control Act, defined in Section 27, “sexually transmitted diseases” means diseases that are primarily transmitted through sexual contact. +SEC. 2. +Section 120505 of the Health and Safety Code is amended to read: +120505. +The department shall develop and review plans and provide leadership and consultation for, and participate in, a program for the prevention and control of sexually transmitted diseases. +SEC. 3. +Section 120510 of the Health and Safety Code is amended to read: +120510. +The department shall cooperate in the prevention, control, and cure of sexually transmitted diseases with all of the following: +(a) Physicians and surgeons. +(b) Medical schools. +(c) Public and private hospitals, dispensaries, and clinics. +(d) Administrators of public and private elementary and secondary schools and public and private postsecondary educational institutions. +(e) Penal and charitable institutions. +(f) Detention homes. +(g) Federal, state, local, and district health officers, boards of health, and all other health authorities. +(h) Institutions caring for the mentally ill. +(i) Any other persons, institutions, or agencies. +SEC. 4. +Section 120511 is added to the Health and Safety Code, to read: +120511. +(a) To the extent funds are appropriated by the Legislature for these purposes, the department shall allocate funds to local health jurisdictions for sexually transmitted disease outreach, screening, and other core services in accordance, to the extent possible, with the following: +(1) Counties shall be targeted and prioritized based on population and incidence of sexually transmitted diseases. +(2) Funds shall be allocated to targeted counties in a manner that balances the need to spread funding to as many counties as possible and the need to provide meaningful services to each funded county. +(3) Each recipient county shall demonstrate to the department that the county has done all of the following: +(A) Identified priority target populations. +(B) Satisfactorily described its outreach protocols. +(C) Included community-based partners for outreach, screening, and other core services. +(D) Allocated resources for laboratory costs. +(4) The department shall develop measures for each county funded pursuant to this section to demonstrate accountability. +(b) In awarding funds pursuant to subdivision (a), the department may authorize innovative and impactful outreach, screening, and other core services, including, but not limited to, the following: +(1) Voluntary screening for sexually transmitted diseases among inmates and wards of county adult and juvenile correctional facilities. The department may provide assistance or guidance to the local health jurisdiction if necessary to secure participation by other county agencies. +(2) Social media platforms that allow a person to receive test results, share test results with partners, access treatment services, and reduce administrative costs. +(3) State-of-the-art testing modalities that ensure swift and accurate screening for sexually transmitted diseases. +(4) Community-based testing and disease investigation. +(c) The department shall monitor activities in funded counties, based on the accountability measures required under paragraph (4) of subdivision (a) in order to assess the effectiveness of outreach, screening, and other core services efforts. +(d) The department shall spend no more than 10 percent of any funds appropriated by the Legislature for purposes of this section for administrative costs. +(e) It is the intent of the Legislature that the services identified in this section are to enhance the services that are already provided. Therefore, nothing in this section shall be construed to require the department to replace existing services with the services provided for in subdivision (a) or to prevent the department from adding new services as may be appropriate. +SEC. 5. +Section 120515 of the Health and Safety Code is amended to read: +120515. +The department shall investigate conditions affecting the prevention and control of sexually transmitted diseases and approved procedures for prevention and control, and shall disseminate educational information relative thereto. +SEC. 6. +Section 120525 of the Health and Safety Code is repealed. +SEC. 7. +Section 120525 is added to the Health and Safety Code, to read: +120525. +The department may provide medical, advisory, financial, or other assistance to organizations as may be approved by it. +SEC. 8. +Section 120535 of the Health and Safety Code is amended to read: +120535. +Any state agency conducting a public hospital shall admit acute sexually transmitted disease cases, when, in the opinion of the department or the local health officer having jurisdiction, persons infected with a sexually transmitted disease may be a menace to public health. +SEC. 9. +Section 120540 of the Health and Safety Code is amended to read: +120540. +The department may require any physician in attendance on a person infected, or suspected of being infected, with a sexually transmitted disease infection to submit specimens as may be designated for examination, when in its opinion the procedure is reasonably necessary to carry out the provisions and purposes of this chapter. +SEC. 10. +Section 120565 of the Health and Safety Code is amended to read: +120565. +If a person subject to proper sexually transmitted disease control measures discontinues any control procedure required by this chapter, the agency administering the procedure, prior to the discontinuance, shall make reasonable efforts to determine whether the person is continuing to comply with the procedure elsewhere. +SEC. 11. +Section 120575 of the Health and Safety Code is amended to read: +120575. +It is the duty of the local health officers to use every available means to ascertain the existence of cases of infectious sexually transmitted diseases within their respective jurisdictions, to investigate all cases that are not, or probably are not, subject to proper control measures approved by the board, to ascertain so far as possible all sources of infection, and to take all measures reasonably necessary to prevent the transmission of infection. +SEC. 12. +Section 120605 of the Health and Safety Code is amended to read: +120605. +This chapter shall not be construed to interfere with the freedom of any adherent of teachings of any well-recognized religious sect, denomination, or organization to depend exclusively upon prayer for healing in accordance with the teachings of the religious sect, denomination, or organization. That person, along with any person treating him or her, shall be exempt from all provisions of this chapter regarding sexually transmitted diseases, except that the provisions of this code and the regulations of the board regarding compulsory reporting of communicable diseases and the quarantine of those diseases, and regarding callings that a person with a sexually transmitted disease may not engage, shall apply.","The existing Communicable Disease Prevention and Control Act defines the term “venereal disease” to mean syphilis, gonorrhea, chancroid, lymphopathia venereum, granuloma inguinale, and chlamydia. Existing law requires the State Department of Public Health to develop and review plans and participate in a program for the prevention and control of venereal disease, and authorizes the department to establish, maintain, and subsidize clinics, dispensaries, and prophylactic stations for the diagnosis, treatment, and prevention of venereal disease. +This bill would delete the term “venereal disease” and would instead use the term “sexually transmitted diseases” (STDs), which would be defined as diseases that are primarily transmitted through sexual contact. The bill would require the department, to the extent funds are appropriated by the Legislature, to allocate grants to local health jurisdictions for STD outreach, screening, and other core services. The bill would target and prioritize the allocation of funds to counties based on population and incidence of STDs and would require the allocation of funds to targeted counties to balance the need to spread funding to as many counties as possible and the need to provide meaningful services to each funded county. The bill would make specified mandates and accountability measures applicable to the county when providing the outreach, screening, and other core services. +This bill would provide that the department, in awarding funds pursuant to these provisions, may authorize innovative and impactful outreach, screening, and other core services, such as voluntary screening of inmates and wards of county adult and juvenile corrections facilities, and use of state-of-the-art testing modalities. The bill would require the department to use the accountability measures developed under the bill in order to monitor the activities funded by the bill and would limit the department’s expenditures on administrative costs to no more than 10% of the funds appropriated by the Legislature for this purpose. +The bill would also delete obsolete provisions and make conforming changes.","An act to amend Sections 120500, 120505, 120510, 120515, 120535, 120540, 120565, 120575, and 120605 of, to add Section 120511 to, and to repeal and add Section 120525 of, the Health and Safety Code, relating to sexually transmitted diseases." +301,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 124977 of the Health and Safety Code is amended to read: +124977. +(a) It is the intent of the Legislature that, unless otherwise specified, the genetic disease testing program carried out pursuant to this chapter be fully supported from fees collected for services provided by the program. +(b) (1) The department shall charge a fee to all payers for any tests or activities performed pursuant to this chapter. The amount of the fee shall be established by regulation and periodically adjusted by the director in order to meet the costs of this chapter. Notwithstanding any other law, any fees charged for prenatal screening and followup services provided to persons enrolled in the Medi-Cal program, health care service plan enrollees, or persons covered by health insurance policies, shall be paid in full and deposited in the Genetic Disease Testing Fund or the Birth Defects Monitoring Program Fund consistent with this section. +(2) The department shall expeditiously undertake all steps necessary to implement the fee collection process, including personnel, contracts, and data processing, so as to initiate the fee collection process at the earliest opportunity. +(3) Effective for services provided on and after July 1, 2002, the department shall charge a fee to the hospital of birth, or, for births not occurring in a hospital, to families of the newborn, for newborn screening and followup services. The hospital of birth and families of newborns born outside the hospital shall make payment in full to the Genetic Disease Testing Fund. The department shall not charge or bill Medi-Cal beneficiaries for services provided pursuant to this chapter. +(4) (A) The department shall charge a fee for prenatal screening to support the pregnancy blood sample storage, testing, and research activities of the Birth Defects Monitoring Program. +(B) The prenatal screening fee for activities of the Birth Defects Monitoring Program shall be ten dollars ($10). +(5) The department shall set guidelines for invoicing, charging, and collecting from approved researchers the amount necessary to cover all expenses associated with research application requests made pursuant to this section, data linkage, retrieval, data processing, data entry, reinventory, and shipping of blood samples or their components, and related data management. +(6) The only funds from the Genetic Disease Testing Fund that may be used for the purpose of supporting the pregnancy blood sample storage, testing, and research activities of the Birth Defects Monitoring Program are those prenatal screening fees assessed and collected prior to the creation of the Birth Defects Monitoring Program Fund specifically to support those Birth Defects Monitoring Program activities. +(7) The Birth Defects Monitoring Program Fund is hereby created as a special fund in the State Treasury. Fee revenues that are collected pursuant to paragraph (4) shall be deposited into the fund and shall be available upon appropriation by the Legislature to support the pregnancy blood sample storage, testing, and research activities of the Birth Defects Monitoring Program. Notwithstanding Section 16305.7 of the Government Code, interest earned on funds in the Birth Defects Monitoring Program Fund shall be deposited as revenue into the fund to support the Birth Defects Monitoring Program. +(c) (1) The Legislature finds that timely implementation of changes in genetic screening programs and continuous maintenance of quality statewide services requires expeditious regulatory and administrative procedures to obtain the most cost-effective electronic data processing, hardware, software services, testing equipment, and testing and followup services. +(2) The expenditure of funds from the Genetic Disease Testing Fund for these purposes shall not be subject to Section 12102 of, and Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of, the Public Contract Code, or to Division 25.2 (commencing with Section 38070) of this code. The department shall provide the Department of Finance with documentation that equipment and services have been obtained at the lowest cost consistent with technical requirements for a comprehensive high-quality program. +(3) The expenditure of funds from the Genetic Disease Testing Fund for implementation of the Tandem Mass Spectrometry screening for fatty acid oxidation, amino acid, and organic acid disorders, and screening for congenital adrenal hyperplasia may be implemented through the amendment of the Genetic Disease Branch Screening Information System contracts and shall not be subject to Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, and any policies, procedures, regulations, or manuals authorized by those laws. +(4) The expenditure of funds from the Genetic Disease Testing Fund for the expansion of the Genetic Disease Branch Screening Information System to include cystic fibrosis, biotinidase, severe combined immunodeficiency (SCID), adrenoleukodystrophy (ALD), and any other disease that is detectable in blood samples, as specified in subdivision (d) of Section 125001, may be implemented through the amendment of the Genetic Disease Branch Screening Information System contracts, and shall not be subject to Chapter 2 (commencing with Section 10290) or Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, or Sections 4800 to 5180, inclusive, of the State Administrative Manual as they relate to approval of information technology projects or approval of increases in the duration or costs of information technology projects. This paragraph shall apply to the design, development, and implementation of the expansion, and to the maintenance and operation of the Genetic Disease Branch Screening Information System, including change requests, once the expansion is implemented. +(d) (1) The department may adopt emergency regulations to implement and make specific this chapter in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of the Administrative Procedure Act, the adoption of regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, these emergency regulations shall not be subject to the review and approval of the Office of Administrative Law. Notwithstanding Sections 11346.1 and 11349.6 of the Government Code, the department shall submit these regulations directly to the Secretary of State for filing. The regulations shall become effective immediately upon filing by the Secretary of State. Regulations shall be subject to public hearing within 120 days of filing with the Secretary of State and shall comply with Sections 11346.8 and 11346.9 of the Government Code or shall be repealed. +(2) The Office of Administrative Law shall provide for the printing and publication of these regulations in the California Code of Regulations. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the regulations adopted pursuant to this chapter shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed by the department. +(3) The Legislature finds and declares that the health and safety of California newborns is in part dependent on an effective and adequately staffed genetic disease program, the cost of which shall be supported by the fees generated by the program. +SEC. 2. +Section 125001 of the Health and Safety Code is amended to read: +125001. +(a) The department shall establish a program for the development, provision, and evaluation of genetic disease testing, and may provide laboratory testing facilities or make grants to, contract with, or make payments to, any laboratory that it deems qualified and cost effective to conduct testing or with any metabolic specialty clinic to provide necessary treatment with qualified specialists. The program shall provide genetic screening and followup services for persons who have the screening. +(b) The department shall expand statewide screening of newborns to include tandem mass spectrometry screening for fatty acid oxidation, amino acid, organic acid disorders, and congenital adrenal hyperplasia as soon as possible. The department shall provide information with respect to these disorders and available testing resources to all women receiving prenatal care and to all women admitted to a hospital for delivery. If the department is unable to provide this statewide screening by August 1, 2005, the department shall temporarily obtain these testing services through a competitive bid process from one or more public or private laboratories that meet the department’s requirements for testing, quality assurance, and reporting. If the department determines that contracting for these services is more cost effective, and meets the other requirements of this chapter, than purchasing the tandem mass spectrometry equipment themselves, the department shall contract with one or more public or private laboratories. +(c) The department shall expand statewide screening of newborns to include screening for severe combined immunodeficiency (SCID) as soon as possible. In implementing the SCID screening test, the department shall also screen for other T-cell lymphopenias that are detectable as a result of screening for SCID, insofar as it does not require additional costs or equipment beyond that needed to test for SCID. +(d) The department shall expand statewide screening of newborns to include screening for adrenoleukodystrophy (ALD) and any other disease that is detectable in blood samples as soon as practicable, but no later than two years after the disease is adopted by the federal Recommended Uniform Screening Panel (RUSP), or enrollment of the act amending this subdivision, whichever is later.","Existing law requires the State Department of Public Health to establish a program for the development, provision, and evaluation of genetic disease testing. +Existing law establishes the continuously appropriated Genetic Disease Testing Fund (GDTF), consisting of fees paid for newborn screening tests, and states the intent of the Legislature that all costs of the genetic disease testing program be fully supported by fees paid for newborn screening tests, which are deposited in the GDTF. Existing law also authorizes moneys in the GDTF to be used for the expansion of the Genetic Disease Branch Screening Information System to include cystic fibrosis, biotinidase, severe combined immunodeficiency (SCID), and adrenoleukodystrophy (ALD) and exempts the expansion of contracts for this purpose from certain provisions of the Public Contract Code, the Government Code, and the State Administrative Manual, as specified. +This bill would require the department to expand statewide screening of newborns to include screening for any disease that is detectable in blood samples as soon as practicable, but no later than 2 years after the disease is adopted by the federal Recommended Uniform Screening Panel (RUSP), or enrollment of this bill, whichever is later. By expanding the purposes for which moneys from the GDTF may be expended, this bill would make an appropriation.","An act to amend Sections 124977 and 125001 of the Health and Safety Code, relating to public health, and making an appropriation therefor." +302,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6731.1 of the Business and Professions Code is amended to read: +6731.1. +Civil engineering also includes the practice or offer to practice, either in a public or private capacity, all of the following: +(a) Locates, relocates, establishes, reestablishes, +or retraces +retraces, or lays out through the use of mathematics or geometric measurements +the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Section +6731. +6731 or for any items designed with the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6. +(b) Determines the configuration or contour of the earth’s +surface or +surface, the benthic surface below water bodies, the measuring for volumetric calculations of earthwork, or +the position of +manmade or natural +fixed objects above, on, or below the surface of earth by applying the principles of +trigonometry or photogrammetry. +mathematics, photogrammetry, or remote sensing. +(c) Creates, prepares, or modifies electronic or computerized data in the performance of the activities described in subdivisions (a) and (b). +(d) Renders a statement regarding the accuracy of maps or measured survey data pursuant to subdivisions (a), (b), and (c). +SEC. 2. +Section 8726 of the Business and Professions Code is amended to read: +8726. +A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do any one or more of the following: +(a) Locates, relocates, establishes, reestablishes, +or retraces +retraces, or lays out through the use of mathematics or geometric measurements +the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Section +6731. +6731 or for any items designed with the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6. +(b) Determines the configuration or contour of the earth’s surface, +the benthic surface below water bodies, the measuring for volumetric calculations of earthwork, +or the position of +manmade or natural +fixed objects above, on, or below the surface of the earth by applying the principles of +mathematics or photogrammetry. +mathematics, photogrammetry, or remote sensing. +(c) Locates, relocates, establishes, reestablishes, or retraces any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries. +(d) Makes any survey for the subdivision or resubdivision of any tract of land. For the purposes of this subdivision, the term “subdivision” or “resubdivision” shall be defined to include, but not be limited to, the definition in the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code) or the Subdivided Lands Law (Chapter 1 (commencing with Section 11000) of Part 2 of Division 4 of this code). +(e) By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point. +(f) Geodetic +surveying +or cadastral surveying. As used in this chapter, geodetic surveying means performing +surveys, +surveys by using techniques or methods of three-dimensional geospatial data acquisition +in which account is taken of the figure and size of the earth to determine or predetermine the horizontal or vertical positions of fixed objects thereon or related thereto, geodetic control points, monuments, or stations for use in the practice of land surveying or for stating the +position +geospatial establishment of three-dimensional positions +of fixed objects, geodetic control points, monuments, or stations by California Coordinate System +coordinates. +coordinates in accordance with Chapter 1 (commencing with Section 8801) of Division 8 of the Public Resources Code. +(g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in subdivisions (a), (b), (c), (d), (e), and (f). +(h) Indicates, in any capacity or in any manner, by the use of the title “land surveyor” or by any other title or by any other representation that he or she practices or offers to practice land surveying in any of its branches. +(i) Procures or offers to procure land surveying work for himself, herself, or others. +(j) Manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced. +(k) Coordinates the work of professional, technical, or special consultants in connection with the activities authorized by this chapter. +(l) Determines the information shown or to be shown within the description of any deed, trust deed, or other title document prepared for the purpose of describing the limit of real property in connection with any one or more of the functions described in subdivisions (a) to (f), inclusive. +(m) Creates, prepares, or modifies electronic or computerized data in the performance of the activities described in subdivisions (a), (b), (c), (d), (e), (f), (k), and (l). +(n) Renders a statement regarding the accuracy of maps or measured survey data. +Any department or agency of the state or any city, county, or city and county that has an unregistered person in responsible charge of land surveying work on January 1, 1986, shall be exempt from the requirement that the person be licensed as a land surveyor until the person currently in responsible charge is replaced. +The review, approval, or examination by a governmental entity of documents prepared or performed pursuant to this section shall be done by, or under the direct supervision of, a person authorized to practice land surveying. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SECTION 1. +Section 8725 of the +Business and Professions Code +is amended to read: +8725. +Any person practicing, or offering to practice, land surveying in this state shall submit evidence that he or she is qualified to practice and shall be licensed under this chapter. +It is unlawful for any person to practice, offer to practice, or represent herself or himself, as a land surveyor in this state, or to set, reset, replace, or remove any survey monument on land in which he or she has no legal interest, unless he or she has been licensed or specifically exempted from licensing under this chapter.","The +Professional Engineers Act and the +Professional Land Surveyors’ Act +establishes +establish +the Board for Professional Engineers, Land Surveyors, and Geologists within the Department of Consumer Affairs for the licensure and regulation of +professional engineers and +land +surveyors +surveyors, respectively, +and +requires +require +any person practicing, or offering to practice, +civil engineering or +land +surveying +surveying, respectively, +in the state to submit evidence that he or she is qualified to practice and to be licensed under the +respective +act. +Existing law makes it a misdemeanor to practice civil engineering or land surveying without legal authorization. +This bill would +make a nonsubstantive change to this provision. +expand the definitions of civil engineering and land surveying to include laying out through the use of mathematics or geometric measurements the alignment or elevation for specified items, determining the configuration or contour of the benthic surface below water bodies or the measuring for volumetric calculations of earthwork, as specified, and making specified determinations by applying the principles of remote sensing. The bill would also amend the definition of geodetic surveying. By expanding the scope of a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend +Section 8725 +Sections 6731.1 and 8726 +of the Business and Professions Code, relating to professions." +303,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as “The Dr. Julia Quint Program for Research and Prevention of Occupational Injuries and Illnesses.” The intent of this act is to establish a California occupational research agenda, +increase coordination and collaboration between community occupational health clinics and the centers for occupational and environmental health, +and provide training with the goals of preventing occupational injuries and illnesses suffered by the most vulnerable workers, including non-English speakers working in high-risk occupations, and reducing the consequences and costs of those injuries and illnesses through early intervention with appropriate care. +SEC. 2. +Section 6354.7 of the Labor Code, as added by Section 84 of Chapter 6 of the Statutes of 2002, is repealed. +SEC. 3. +Section 6354.7 of the Labor Code, as added by Section 15 of Chapter 866 of the Statutes of 2002, is amended to read: +6354.7. +(a) The Workers’ Occupational Safety and Health Education Fund is hereby created as a special account in the State Treasury. Proceeds of the fund may be expended, upon appropriation by the Legislature, by the Commission on Health and Safety and Workers’ Compensation for the purposes specified in this section and Section 6354.8 and for an insurance loss control services coordinator. The director shall levy and collect fees to fund these purposes from insurers subject to Section 6354.5. However, the fee assessed against any insurer shall not exceed the greater of one hundred dollars ($100) or 0.0286 percent of paid workers’ compensation +medical and +indemnity amounts for claims as reported for the previous calendar year to the designated rating organization for the analysis required under subdivisions +(b) +(a), (b), +and (c) of Section 11759.1 of the Insurance Code. All fees shall be deposited in the fund. +(b) The commission shall establish and maintain a worker occupational safety and health training and education program, to be referred to as the Worker Occupational Safety and Health Training and Education Program, or WOSHTEP. The purpose of the WOSHTEP shall be to promote awareness of the need for prevention education programs, to develop and provide injury and illness prevention education programs for employees and their +representatives, to increase the number of, and to ensure continued capacity of, nonprofit provider organizations, including labor-management cooperation committees, joint labor-management apprentice programs, labor unions, community or faith-based organizations that focus on vulnerable workers, and state government-supported postsecondary educational institutions, to train workers and provide related services, +representatives +and to deliver those awareness and training programs through a network of providers throughout the state. The commission may conduct the WOSHTEP directly or by means of contracts or interagency agreements. +(c) The commission shall establish an advisory board for the WOSHTEP that includes employer and worker representatives and experts in occupational safety and health. The WOSHTEP advisory board shall guide the development of curricula, teaching methods, and specific course material about occupational safety and health, and shall assist in providing links to the target audience and broadening the partnerships with worker-based organizations, labor studies programs, and others that are able to reach the target audience. +(d) The WOSHTEP shall include the development and provision of a needed core curriculum addressing competencies for effective participation in workplace injury and illness prevention programs and on joint labor-management health and safety committees. The core curriculum shall include an overview of the requirements related to injury and illness prevention programs and hazard communication. +(e) The WOSHTEP shall include the development and provision of additional training programs for any or all of the following categories: +(1) Industries on the high hazard list. +(2) Hazards that result in significant worker injuries, illnesses, or compensation costs. +(3) Industries or trades in which workers are experiencing numerous or significant injuries or illnesses. +(4) Occupational groups with special needs, such as those who do not speak English as their first language, workers with limited literacy, young workers, and other traditionally underserved industries or groups of workers. Priority shall be given to training workers who are able to train other workers and workers who have significant health and safety responsibilities, such as those workers serving on a health and safety committee or serving as designated safety representatives. +(f) The WOSHTEP shall operate one or more libraries and distribution systems of occupational safety and health training material, which shall include, but not be limited to, all material developed by the program pursuant to this section. +(g) The WOSHTEP advisory board shall annually prepare a written report evaluating the use and impact of programs developed. +(h) The payment of administrative costs incurred by the commission in conducting the WOSHTEP shall be made from the Workers’ Occupational Safety and Health Education Fund. +SEC. 4. +Section 6354.8 is added to the Labor Code, to read: +6354.8. +In addition to the duties and functions specified in Section 6354.7, the Worker Occupational Safety and Health Training and Education Program shall +work in collaboration with: +do both of the following: +(a) +The +Work in collaboration with the +Occupational Health Branch of the State Department of Public Health to develop and implement a California occupational research agenda focused on the prevention of occupational injuries and illnesses that are most prevalent, serious, and costly for California employers and employees. +(b) +The +Through an agreement with the +University of California occupational health centers +affiliated with regional schools of medicine and public health, as +established by Section 50.8, +to increase coordination and collaboration, including providing +provide +training to community-based health clinics that serve vulnerable workers, including non-English speakers, working in high-risk occupations.","Existing law requires the Commission on Health and Safety and Workers’ Compensation to establish and maintain a worker and occupational safety and health training and education program and requires the Director of Industrial Relations to establish an insurance loss control services coordinator position, to be funded from the Workers’ Occupational Safety and Health Education Fund. Existing law requires the director to levy and collect fees from workers’ compensation insurers for purposes of the program, with the fees to be deposited in the fund. +Existing law prohibits the fee assessed against any insurer from exceeding the greater of $100 or a specified percentage of paid workers +’ compensation indemnity amounts for claims reported in the previous year, as specified. +Moneys in the fund are available for expenditure for the above purposes upon appropriation by the Legislature. +This bill would +provide that +revise the calculation of the fee described above to also include a specified percentage of paid workers’ compensation medical amounts for claims reported in the previous year and would deposit those additional +moneys in the Workers’ Occupational Safety and Health Education +Fund may be applied to +Fund. The bill would authorize +specified collaborative work by the commission in connection with its training and education program. The bill would expand the list of purposes of the training and education program, which would be referred to as the Worker Occupational Safety and Health Training and Education Program, or WOSHTEP, to increase the number of, and assure continued capacity of, specified organizations to train workers and provide services. The bill would require, as part of WOSHTEP, that the commission collaborate with the Occupational Health Branch of the State Department of Public Health and the University of California occupational health +centers affiliated with regional schools of medicine and public health, +centers, +as specified. The bill would repeal duplicative provisions. +This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of +2/3 +of the membership of each house of the Legislature.","An act to add Section 6354.8 to, and to repeal and amend Section 6354.7 of, the Labor Code, relating to occupational safety and health." +304,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 9.7 (commencing with Section 4450) is added to Division 2 of the Business and Professions Code, to read: +CHAPTER 9.7. Alcohol and Drug Counseling Professionals +Article 1. Administration +4450. +For purposes of this chapter the following definitions apply: +(a) “Bureau” means the Alcohol and Drug Counseling Professional Bureau established pursuant to Section 4452. +(b) “Department” means the Department of Consumer Affairs. +(c) “Director” means the Director of Consumer Affairs. +4451. +(a) (1) There is established within the department the Alcohol and Drug Counseling Professional Bureau, under the supervision and control of the director. +(2) (A) The duties of enforcing and administering this chapter is vested in the chief, of the bureau and he or she is responsible to the director for performing those duties. +(B) The chief shall serve at the pleasure of director. +(3) Every power granted or duty imposed upon the director pursuant to this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to the conditions and limitations that the director may prescribe. +(b) Notwithstanding any other law, the powers and duties of the bureau pursuant to this chapter are subject to review by the appropriate policy committee of the Legislature. +4452. +Protection of the public is the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions. If the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. +4453. +The bureau may adopt necessary rules and regulations for the administration and enforcement of this chapter and the laws subject to its jurisdiction and prescribe the form of statements and reports provided for in this chapter. The rules and regulations shall be adopted, amended, or repealed in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). +4454. +The director may employ and appoint all employees necessary to properly administer the duties of the bureau in accordance with civil service regulations. +Article 2. Licensing +4455. +(a) No person shall use the title of licensed alcohol and drug counselor unless the person has applied for and obtained a license from the bureau. +(b) An applicant for an alcohol and drug counselor license shall meet minimum qualifications that include, but are not limited to, all of the following: +(1) Has earned a master of arts, master of science, or doctoral degree in addiction counseling, psychology, social work, counseling, marriage and family therapy, counseling psychology, clinical psychology, or other clinically focused major that requires no less than 21 semester units, or equivalent, of addiction specific education approved by a certifying organization recognized by the department, from an institution of higher learning accredited by a regional accrediting agency, or a board for private postsecondary education. +(2) Has demonstrated competence by passing a master’s level exam accepted by a certifying organization approved by the State Department of Health Care Services. +(3) Is currently credentialed as an advanced alcohol and drug counselor and in good standing with a certification organization recognized by the State Department of Health Care Services pursuant to Section 13035 of Title 9 of the California Code of Regulations, as that section read on January 1, 2017, and has no history of revocation by a certifying organization, licensure board, or certifying entity. +(4) Has documented to the certifying organization that the applicant has completed all of the following courses: +(A) Three semester units, or the equivalent, of psychopharmacology and physiology of addiction, including any of the following subjects: +(i) Examination of the effects of alcohol and similar legal psychoactive drugs to the body and behavior. +(ii) Damage to the body and behaviors. +(iii) Damage to the brain, liver, and other organs. +(iv) Tolerance, cross tolerance, and synergistic effects. +(v) Physiological differences between males and females. +(vi) Disease model, including neurobiological signs and symptoms. +(B) Three semester units, or the equivalent, of clinical evaluation and psychopathology, including any of the following subjects: +(i) Initial interviewing process. +(ii) Biopsychosocial assessment. +(iii) Differential diagnosis. +(iv) Diagnostic summaries. +(v) Cooccurring disorders, referral processes, and the evaluation of clients using placement criteria, including the American Society of Addiction Medicine patient placement criteria or other validated clinical tools, to determine the most appropriate level of care for the client and eligibility for admission to a particular alcohol and other drug abuse treatment program. +(C) Three semester units, or the equivalent, of counseling psychotherapy for addiction, including all of the following subjects: +(i) Introduction to counseling. +(ii) Introduction to techniques and approaches. +(iii) Crisis intervention. +(iv) Individual counseling focused on addiction. +(v) Group counseling. +(vi) Family counseling as it pertains to addiction treatment. +(D) Three semester units, or the equivalent, in case management, including all of the following subjects: +(i) Community resources. +(ii) Consultation. +(iii) Documentation. +(iv) Resources for persons who are HIV positive. +(E) Three semester units, or the equivalent, of client education, including all of the following subjects: +(i) Addiction recovery. +(ii) Psychological client education. +(iii) Biochemical and medical client education. +(iv) Sociocultural client education. +(v) Addiction recovery and psychological family education. +(vi) Biomedical and sociocultural family education. +(vii) Community and professional education. +(F) Three semester units, or the equivalent, of professional responsibility law and ethics, including all of the following subjects: +(i) Ethical standards, legal aspects, cultural competency, professional growth, personal growth, dimensions of recovery, clinical supervision, and consultation. +(ii) Community involvement. +(iii) Operating a private practice. +(G) Three semester units, or the equivalent, of supervised fieldwork. +(5) Has submitted to both a state and federal level criminal offender record information search pursuant to Section 4459. +4456. +(a) For a period not to exceed one year, as determined by the bureau, from the date the bureau commences accepting applications for an initial license, an applicant who has a minimum of 12,000 hours experience is not required to meet the requirements of paragraphs (1), (2), and (4) of subdivision (b) of Section 4455. +(b) Applicants who do not meet the requirements of paragraphs (1), (2), and (4) of subdivision (b) of Section 4455 shall sit for the masters level exam required by paragraph (2) of subdivision (b) of Section 4455 before the first renewal period and shall provide proof of passing the exam to the certifying organization before one year after the end of the first renewal period. +4457. +(a) A license for an alcohol and drug counselor shall be valid for two years unless at any time during that period it is revoked or suspended. The license may be renewed prior to the expiration of the two-year period. +(b) To qualify to renew the license, a licensee shall have completed 36 hours of continuing education units approved by the certification organization during the two-year license renewal period, which shall include six hours of ethics and law, six hours of cooccurring disorder, and three hours of cultural competency. +(c) The department may revoke a license issued pursuant to this chapter if either of the following occurs: +(1) The licensee loses his or her credential granted by the certifying organization. +(2) The licensee has been convicted of a felony charge that is substantially related to the qualifications, functions, or duties of a licensed alcohol and drug counselor. A plea of guilty or nolo contendere to a felony charge shall be deemed a conviction for the purposes of this paragraph. +4458. +The bureau shall establish the fees for an initial alcohol and drug counselor license or a renewal license in an amount reasonably related to the department’s actual costs in performing its duties under this chapter not to exceed two hundred dollars ($200). +4459. +(a) Before issuing a license, the bureau shall review both the state and federal level criminal history of the applicant. +(b) (1) (A) The department shall deny, suspend, delay, or set aside a person’s license if, at the time of the department’s determination, the person has a criminal conviction or criminal charge pending, relating to an offense, the circumstances of which substantially relate to actions as a licensed alcohol and drug counselor. +(B) An applicant who has a criminal conviction or pending criminal charge shall request the appropriate authorities to provide information about the conviction or charge directly to the department in sufficient specificity to enable the department to make a determination as to whether the conviction or charge is substantially related to actions as a licensed alcohol and drug counselor. +(2) However, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the department may waive the requirements of this subdivision if the department finds any of the following: +(A) For waiver of a felony conviction, more than five years has elapsed since the date of the conviction. At the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on post-release community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service. +(B) For waiver of a misdemeanor conviction or violation, at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on post-release community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service. +(C) The applicant is capable of practicing licensed alcohol and drug treatment counselor services in a competent and professional manner. +(D) Granting the waiver will not endanger the public health, safety, or welfare. +(E) The applicant has not been convicted of a felony sexual offense. +Article 3. Construction of Chapter +4460. +(a) This chapter does not constrict, limit, or prohibit a facility or program that is licensed or certified by this state, a county-contracted alcohol and drug treatment facility or program, or a driving-under-the-influence program from employing or contracting with an alcohol and drug counselor who is certified by a certifying organization accredited and approved by this state pursuant to Chapter 8 (commencing with Section 13000) of Division 4 of Title 9 of the California Code of Regulations as that chapter read on January 1, 2017. +(b) This chapter does not require a facility or program licensed or certified by this state, a county-operated or contracted alcohol and drug treatment program or facility, or a driving-under-the-influence program to utilize the services of an alcohol and drug counselor licensed pursuant to this chapter.","Existing law provides for the registration, certification, and licensure of various healing arts professionals. Existing law provides for various programs to eliminate alcohol and drug abuse, and states the finding of the Legislature that state government has an affirmative role in alleviating problems related to the inappropriate use of alcoholic beverages and other drug use. +This bill, among other things, +would establish the Alcohol and Drug Counseling Professional Bureau within the Department of Consumer Affairs, specify the bureau’s powers and duties, and authorize the bureau to adopt necessary rules and regulations. The bill +would prohibit +any +a +person from using the title licensed alcohol and drug counselor unless the person had applied for and obtained a license from the +State Department of Health Care Services +bureau +and would specify the minimum qualifications for a license, including, but not limited to, educational qualifications, being currently credentialed as an advanced alcohol and drug counselor, and having submitted to a criminal background check. The bill would provide that a license for an alcohol and drug counselor would be valid for 2 years unless at any time during that period it is revoked or suspended, that the license would be authorized to be renewed prior to the expiration of the 2-year period, and that a licensee fulfill continuing education requirements prior to renewal. The bill would also require +that the license fee +the bureau to establish the fees +for an +original +initial +alcohol and drug counselor license and +the license +a +renewal +fee be +license in an amount +reasonably related to the +department’s +bureau’s +actual costs in performing its +duties under this part, +duties, +but to not exceed $200. +This bill would require the +department +bureau +to +ensure that +review +the state and federal level criminal history of the applicant +is reviewed +before issuing a license, and the +department +bureau +would be required, with exceptions, to deny, suspend, delay, or set aside a person’s license if, at the time of the +department’s +bureau’s +determination, the person has a criminal conviction or pending criminal charge relating to an offense, the circumstances of which substantially relate to actions as a licensed alcohol and drug counselor. +The bill would also require the department to oversee the disciplinary actions of certifying organizations it approves, as provided.","An act to add +Part 6.5 +Chapter 9.7 +(commencing with Section +1179.80) +4450) +to Division +1 of, +2 of +the +Health +Business +and +Safety +Professions +Code, relating to alcohol and drug counselors." +305,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7282.5 is added to the Revenue and Taxation Code, to read: +7282.5. +(a) For purposes of this section, the following terms have the following meanings: +(1) “Collecting platform” means a platform that elects to assume the responsibility for collecting and remitting to a city, county, or city and county on behalf of an operator, the amount of any tax levied pursuant to an ordinance adopted pursuant to this chapter on a rental transaction that is facilitated by the platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator. +(2) “Collecting jurisdiction” means a city, county, or city and county that elects to retain the responsibility for collecting a tax levied pursuant to an ordinance adopted pursuant to this chapter directly from operators, rather than having a collecting platform collect and remit the tax on an operator’s behalf pursuant to subdivision (b). +(3) “Operator” means a person offering, through a platform, to make a unit available for tourist or transient use. +(4) “Platform” means a marketplace that is created for the primary purpose of facilitating the rental of a unit offered for occupancy for tourist or transient use for compensation to the operator of that unit, and the owner of the marketplace derives revenues, including booking fees or advertising revenues, from providing or maintaining that marketplace. “Facilitating” includes, but is not limited to, the act of allowing the operator of the unit to offer or advertise the unit on the Internet Web site provided or maintained by the owner of the platform. +(b) On and after July 1, 2017, every collecting platform shall collect on behalf of an operator the amount of any tax levied pursuant to an ordinance adopted pursuant to this chapter on every rental transaction that is facilitated by the collecting platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator and is not located within a collecting jurisdiction. The collecting platform shall remit the amount to the city, county, or city and county that levied the tax pursuant to applicable requirements of local ordinances governing the tax. +(c) (1) On or before March 1, 2017, the Controller shall develop and publicly notice both of the following: +(A) Procedures that a platform shall use to notify the Controller if the platform elects to become a collecting platform. +(B) Procedures that a city, county, or city and county shall use to notify the Controller if the city, county, or city and county elects to become a collecting jurisdiction. +(2) The Controller shall also develop and publicly notice both of the following: +(A) Procedures that a collecting platform shall use to notify the Controller if the collecting platform discontinues its election to become a collecting platform. +(B) Procedures that a collecting jurisdiction shall use to notify the Controller if the collecting jurisdiction discontinues its election to become a collecting jurisdiction. +(d) (1) On or before April 30, 2017, a platform may elect to become a collecting platform by using the procedures developed pursuant to paragraph (1) of subdivision (c) to notify the Controller of the platform’s election. +(2) On or before April 30, 2017, a city, county, or city and county may elect to become a collecting jurisdiction by using the procedures developed pursuant to paragraph (1) of subdivision (c) to notify the Controller of the city’s, county’s, or city and county’s election. The legislative body of the city, county, or city and county shall approve the notice in a public hearing before submitting the notice to the Controller. +(3) An election made pursuant to this subdivision is effective upon receipt by the Controller and until discontinued by the platform or city, county, or city and county pursuant to subdivision (f). +(4) The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform and each city, county, or city and county that has provided a notice to the Controller pursuant to this subdivision as soon as possible upon receipt, but in no event later than May 31, 2017. +(e) On or after July 1, 2017, a platform that did not elect to become a collecting platform pursuant to subdivision (d) may elect to become a collecting platform by using the procedures developed pursuant to paragraph (1) of subdivision (c) to notify the Controller of the platform’s election. An election made pursuant to this subdivision is effective six months after receipt by the Controller or the date specified in the notice, whichever is later, and until discontinued by the platform pursuant to subdivision (f). The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform that has provided a notice to the Controller pursuant to this subdivision as soon as possible upon receipt. +(f) (1) On or before June 30, 2019, or June 30 of any odd-numbered year thereafter, a collecting platform may elect to discontinue its status as a collecting platform by using the procedures developed pursuant to paragraph (2) of subdivision (c) to notify the Controller of the collecting platform’s election. +(2) On or before June 30, 2019, or June 30 of any odd-numbered year thereafter, a collecting jurisdiction may elect to discontinue its status as a collecting jurisdiction, or a city, county, or city and county may elect to become a collecting jurisdiction, by using the procedures developed pursuant to subdivision (c) to notify the Controller of the collecting jurisdiction’s or city’s, county’s, or city and county’s election. +(3) An election made pursuant to this subdivision is effective on July 1, 2020 or, if the election is submitted on or before June 30 of an odd-numbered year thereafter, July 1 of the first even-numbered year after the election, whichever is later. +(g) (1) Commencing on January 1, 2017, and by December 31 of each year thereafter, the Controller shall review or audit a collecting platform’s collection and remittance of tax revenue pursuant to subdivision (b). For each collecting platform reviewed or audited, the Controller shall submit a report to each city, county, or city and county in which the collecting platform collected and remitted taxes. The report shall contain a description of the review or audit findings and identify any errors in the collection and remittance of tax revenues within each city, county, or city and county that were determined as a result of the review or audit. The audit or review shall not reveal any personally identifiable taxpayer or operator information, including, but not limited, to a taxpayer’s or operator’s name and property address. +(2) It is unlawful for the Controller, any person having an administrative duty under this section, or any person who obtains access to information contained in, or derived from, any audit or review, report, or other records of the Controller pursuant to this section, to make known in any manner whatever the business affairs, operations, or any other information pertaining to any platform or any other person required to provide information subject to audit or review to the Controller or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any such information provided to the Controller, or to permit any audit or review or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person. +(3) When requested by a city, county, or city and county that is not a collecting jurisdiction, the Controller shall permit any duly authorized officer or employee of that city, county, or city and county to examine the records of the Controller pertaining to the audit or review of collections by a platform within that city, county, or city and county. Except as otherwise provided herein, this paragraph shall not be construed to allow any officer or employee of that city, county, or city and county to examine any records of any platform. Information obtained by examination of Controller records as permitted in this paragraph shall be used only for purposes related to the collection of local transient occupancy tax. +(4) If the Controller believes that any information obtained pursuant to paragraph (3) has been disclosed to any person or has been used for purposes not permitted by paragraph (3), then notwithstanding paragraph (3), the Controller may impose conditions on access to the Controller’s records that the Controller considers reasonable in order to protect the confidentiality of those records. +(5) A platform, city, county, or city and county may appeal any findings identified in a review or audit report submitted pursuant to paragraph (1) by providing a notice of appeal to the Controller’s General Counsel. The notice of appeal shall be filed within 60 days from the date of the final review or audit report and shall identify the issues being appealed and the basis and reason for the appeal. The Controller’s General Counsel shall review the issued appealed and may hold an informal appeal conference for purposes of taking additional information and shall issue a determination within 90 days of receipt of the appeal. +(6) The Controller may recover the reasonable costs, measured by the Controller’s standard rate, of an audit or review conducted pursuant to paragraph (1) from the collecting platform that was audited or reviewed. +(h) Unless the platform and the city, county, or city and county mutually agree to terminate the agreement, all of the following shall apply to a platform and a city, county, or city and county that, on or before June 1, 2016, have entered into a binding legal agreement relating to the collection of any tax levied pursuant to this chapter: +(1) The platform and the city, county, or city and county shall continue to be bound by the agreement and any election made by the platform or the city, county, or city and county pursuant to this section shall not be effective as to any other party to the agreement. +(2) The platform and the city, county, or city and county shall notify the Controller of the agreement. +(3) The platform’s collection or remittance of taxes levied pursuant to this chapter pursuant to the agreement shall not be subject to review or audit by the Controller pursuant to subdivision (g). +(i) A collecting platform that complies with review or audit parameters established by the Controller pursuant to this section shall not be required to provide to any local jurisdiction, including a collecting jurisdiction, personally identifiable information relating to operators using the collecting platform, or concerning transactions facilitated in the local jurisdiction by the collecting platform. +(j) This section does not limit the existing authority of a local jurisdiction to regulate operators, including any local regulation that requires operators to provide information concerning transactions conducted in the jurisdiction, provided that the requirements do not discriminate against transactions facilitated through a platform. +SEC. 2. +The Legislature finds and declares that providing short-term rental online platforms with uniform transient occupancy tax administration requirements will establish a level playing field among all providers and decrease the cost of complying with statutory collection and remittance requirements, and is therefore a matter of statewide concern and shall apply to charter cities, charter counties, and charter cities and counties. +SEC. 3. +The Legislature finds and declares that Section 1 of this act, which adds Section 7282.5 to the Revenue and Taxation Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +Limiting disclosure of records obtained or generated by the Controller or a city, county, or city and county pertaining to audits or reviews of a platform’s collection and remittance of transient occupancy taxes furthers the purposes of Section 3 of Article I of the California Constitution by appropriately balancing the interest in public disclosure with the interest in preserving the confidentiality of taxpayer information and ensuring that this information is not used for improper purposes. +SEC. 4. +The Legislature finds and declares that Section 1 of this act, which adds Section 7282.5 to the Revenue and Taxation Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: +The preservation of the confidentiality of taxpayer information is furthered by ensuring that cities, counties, and cities and counties do not disclose information contained in, or derived from, any audit or review conducted by the Controller of a platform’s collection and remittance of transient occupancy taxes. +SECTION 1. +Section 53051 of the +Government Code +is amended to read: +53051. +(a)Within 50 working days after the date of commencement of its legal existence, the governing body of each public agency shall file with the Secretary of State on a form prescribed by the Secretary of State and also with the county clerk of each county in which the public agency maintains an office, a statement of the following facts: +(1)The full, legal name of the public agency. +(2)The official mailing address of the governing body of the public agency. +(3)The name and residence or business address of each member of the governing body of the public agency. +(4)The name, title, and residence or business address of the chairman, president, or other presiding officer, and clerk or secretary of the governing body of such public agency. +(b)Within 10 working days after any change in the facts required to be stated pursuant to subdivision (a), an amended statement containing the information required by subdivision (a) shall be filed as provided therein. The information submitted to the Secretary of State shall be on a form prescribed by the Secretary of State. +(c)It shall be the duty of the Secretary of State and of the county clerk of each county to establish and maintain an indexed “Roster of Public Agencies,” to be so designated, which shall contain all information filed as required in subdivisions (a) and (b), which roster is hereby declared to be a public record.","(1) Existing law authorizes a city, county, or city and county to impose a tax on the privilege of occupying a room or other living space in a hotel, inn, tourist home or house, motel, or other lodging unless the occupancy is for a period of more than 30 days. +This bill, on and after July 1, 2017, would require every platform, as defined, that elects to assume the responsibility of collecting and remitting transient occupancy taxes on behalf of an operator to collect and remit the amount of the tax levied on a rental transaction facilitated by the platform for a unit that is offered for tourist or transient use and is located within a city, county, or city and county that has not elected to retain the responsibility for directly collecting the tax from operators, as specified. The bill would authorize a platform to make its election to assume responsibility, and a city, county, or city and county to make its election to retain responsibility, by notifying the Controller of the election on or before April 30, 2017. The bill would authorize a platform that does not make its election by April 30, 2017, to elect to assume responsibility by notifying the Controller on or after July 1, 2017, and would make this election effective 6 months after the Controller’s receipt of the notification or on the date specified in the notice, whichever is later. The bill would authorize a platform to discontinue an election, and a city, county, or city and county to make or discontinue an election, by notifying the Controller on or before June 30, 2019, or June 30 of any odd-numbered year thereafter, and would make this discontinuance or election effective on July 1, 2020, or July 1 of the first even-numbered year after notification. +This bill, commencing on January 1, 2017, and by December 31 of each year thereafter, would require the Controller to review or audit a platform’s collection and remittance of tax revenue pursuant to the bill and would prohibit the Controller or any person who obtains access to information contained in, or derived from, the review or audit to disclose information pertaining to any platform or other person required to provide information subject to audit or review, as specified. The bill would provide that a platform and a city, county, or city and county that, on or before June 1, 2016, have entered into a binding legal agreement relating to the collection of transient occupancy taxes are bound by the agreement and are required to notify the Controller of the agreement, that any election made to the Controller by the platform or the city, county, or city and county is not effective as to any other party to the agreement, and that the platform’s collection and remittance of transient occupancy taxes pursuant to the agreement are not subject to audit or review by the Controller pursuant to the bill, unless the platform and the city, county, and city and county mutually agree to terminate the agreement. +(2) The California Constitution authorizes a city or county to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. +This bill would find and declare that providing short-term rental online platforms with uniform transient occupancy tax administration requirements is a matter of statewide concern, and that the bill therefore applies to charter cities, charter counties, and charter cities and counties. +(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect. +(4) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. +This bill would make legislative findings to that effect. +Existing law requires the governing body of each public agency, as defined, within 70 days after the commencement of its legal existence, to file, with the Secretary of State and the county clerk of each county in which the public agency maintains an office, a statement containing specified information about the public agency and its governing board and officers. Existing law requires, within 10 days after any change in that information, an amended statement to be filed. +This bill instead would require the statement to be filed within 50 working days after the date of commencement of an agency legal existence and would require an amended statement to be filed within 10 working days after any change in the information.","An act to +amend Section 53051 of the Government +add Section 7282.5 to the Revenue and Taxation +Code, relating to +local government. +hosting platforms." +306,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17053.5 of the Revenue and Taxation Code is amended to read: +17053.5. +(a) (1) For a qualified renter, there shall be allowed a credit against his or her “net tax,” as defined in Section 17039. The amount of the credit shall be as follows: +(A) For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred twenty dollars ($120) +for taxable years beginning before January 1, 2016, and two hundred dollars ($200) for taxable years beginning on or after January 1, 2016, +if adjusted gross income is fifty thousand dollars ($50,000) or less. +(B) For other individuals, the credit shall be equal to sixty dollars ($60) +for taxable years beginning before January 1, 2016, and one hundred dollars ($100) for taxable years beginning on or after January 1, 2016, +if adjusted gross income is twenty-five thousand dollars ($25,000) or less. +(2) Except as provided in subdivision (b), a husband and wife shall receive but one credit under this section. If the husband and wife file separate returns, the credit may be taken by either or equally divided between them, except as follows: +(A) If one spouse was a resident for the entire taxable year and the other spouse was a nonresident for part or all of the taxable year, the resident spouse shall be allowed one-half the credit allowed to married persons and the nonresident spouse shall be permitted one-half the credit allowed to married persons, prorated as provided in subdivision (e). +(B) If both spouses were nonresidents for part of the taxable year, the credit allowed to married persons shall be divided equally between them subject to the proration provided in subdivision (e). +(b) For a husband and wife, if each spouse maintained a separate place of residence and resided in this state during the entire taxable year, each spouse will be allowed one-half the full credit allowed to married persons provided in subdivision (a). +(c) For purposes of this section, a “qualified renter” means an individual who satisfies both of the following: +(1) Was a resident of this state, as defined in Section 17014. +(2) Rented and occupied premises in this state which constituted his or her principal place of residence during at least 50 percent of the taxable year. +(d) “Qualified renter” does not include any of the following: +(1) An individual who for more than 50 percent of the taxable year rented and occupied premises that were exempt from property taxes, except that an individual, otherwise qualified, is deemed a qualified renter if he or she or his or her landlord pays possessory interest taxes, or the owner of those premises makes payments in lieu of property taxes that are substantially equivalent to property taxes paid on properties of comparable market value. +(2) An individual whose principal place of residence for more than 50 percent of the taxable year is with another person who claimed that individual as a dependent for income tax purposes. +(3) An individual who has been granted or whose spouse has been granted the homeowners’ property tax exemption during the taxable year. This paragraph does not apply to an individual whose spouse has been granted the homeowners’ property tax exemption if each spouse maintained a separate residence for the entire taxable year. +(e) An otherwise qualified renter who is a nonresident for any portion of the taxable year shall claim the credits set forth in subdivision (a) at the rate of one-twelfth of those credits for each full month that individual resided within this state during the taxable year. +(f) A person claiming the credit provided in this section shall, as part of that claim, and under penalty of perjury, furnish that information as the Franchise Tax Board prescribes on a form supplied by the board. +(g) The credit provided in this section shall be claimed on returns in the form as the Franchise Tax Board may from time to time prescribe. +(h) For purposes of this section, “premises” means a house or a dwelling unit used to provide living accommodations in a building or structure and the land incidental thereto, but does not include land only, unless the dwelling unit is a mobilehome. The credit is not allowed for any taxable year for the rental of land upon which a mobilehome is located if the mobilehome has been granted a homeowners’ exemption under Section 218 in that year. +(i) This section shall become operative on January 1, 1998, and applies to any taxable year beginning on or after January 1, 1998. +(j) For each taxable year beginning on or after January 1, 1999, the Franchise Tax Board shall recompute the adjusted gross income amounts set forth in subdivision (a). The computation shall be made as follows: +(1) The Department of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index for all items from June of the prior calendar year to June of the current year, no later than August 1 of the current calendar year. +(2) The Franchise Tax Board shall compute an inflation adjustment factor by adding 100 percent to the portion of the percentage change figure which is furnished pursuant to paragraph (1) and dividing the result by 100. +(3) The Franchise Tax Board shall multiply the amount in subparagraph (B) of paragraph (1) of subdivision (d) for the preceding taxable year by the inflation adjustment factor determined in paragraph (2), and round off the resulting products to the nearest one dollar ($1). +(4) In computing the amounts pursuant to this subdivision, the amounts provided in subparagraph (A) of paragraph (1) of subdivision (a) shall be twice the amount provided in subparagraph (B) of paragraph (1) of subdivision (a). +SECTION 1. +Section 17053.5 of the +Revenue and Taxation Code +is amended to read: +17053.5. +(a)(1)For a qualified renter, there shall be allowed a credit against his or her “net tax,” as defined in Section 17039. The amount of the credit shall be as follows: +(A)For taxable years beginning before January 1, 2017: +(i) +For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred twenty dollars ($120) if adjusted gross income is fifty thousand dollars ($50,000) or less. +(ii) +For other individuals, the credit shall be equal to sixty dollars ($60) if adjusted gross income is twenty-five thousand dollars ($25,000) or less. +(B)For taxable years beginning on or after January 1, 2017: +(i)For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred eighty-four dollars ($184) if adjusted gross income is one hundred thousand dollars ($100,000) or less. +(ii)For other individuals, the credit shall be equal to ninety-two dollars ($92) if adjusted gross income is fifty thousand dollars ($50,000) or less. +(2)Except as provided in subdivision (b), a husband and wife shall receive one credit under this section. If the husband and wife file separate returns, the credit may be taken by either or equally divided between them, except as follows: +(A)If one spouse was a resident for the entire taxable year and the other spouse was a nonresident for part or all of the taxable year, the resident spouse shall be allowed one-half the credit allowed to married persons and the nonresident spouse shall be permitted one-half the credit allowed to married persons, prorated as provided in subdivision (e). +(B)If both spouses were nonresidents for part of the taxable year, the credit allowed to married persons shall be divided equally between them subject to the proration provided in subdivision (e). +(b)For a husband and wife, if each spouse maintained a separate place of residence and resided in this state during the entire taxable year, each spouse will be allowed one-half the full credit allowed to married persons provided in subdivision (a). +(c)For purposes of this section, a “qualified renter” means an individual who satisfies both of the following: +(1)Was a resident of this state, as defined in Section 17014. +(2)Rented and occupied premises in this state which constituted his or her principal place of residence during at least 50 percent of the taxable year. +(d)“Qualified renter” does not include any of the following: +(1)An individual who for more than 50 percent of the taxable year rented and occupied premises that were exempt from property taxes, except that an individual, otherwise qualified, is deemed a qualified renter if he or she or his or her landlord pays possessory interest taxes, or the owner of those premises makes payments in lieu of property taxes that are substantially equivalent to property taxes paid on properties of comparable market value. +(2)An individual whose principal place of residence for more than 50 percent of the taxable year is with any other person who claimed that individual as a dependent for income tax purposes. +(3)An individual who has been granted or whose spouse has been granted the homeowners’ property tax exemption during the taxable year. This paragraph does not apply to an individual whose spouse has been granted the homeowners’ property tax exemption if each spouse maintained a separate residence for the entire taxable year. +(e)An otherwise qualified renter who is a nonresident for any portion of the taxable year shall claim the credits set forth in subdivision (a) at the rate of one-twelfth of those credits for each full month that individual resided within this state during the taxable year. +(f)A person claiming the credit provided in this section shall, as part of that claim, and under penalty of perjury, furnish that information as the Franchise Tax Board prescribes on a form supplied by the board. +(g)The credit provided in this section shall be claimed on returns in the form as the Franchise Tax Board may from time to time prescribe. +(h)For purposes of this section, “premises” means a house or a dwelling unit used to provide living accommodations in a building or structure and the land incidental thereto, but does not include land only, unless the dwelling unit is a mobilehome. The credit is not allowed for any taxable year for the rental of land upon which a mobilehome is located if the mobilehome has been granted a homeowners’ exemption under Section 218 in that year. +(i)This section shall become operative on January 1, 1998, and applies to any taxable year beginning on or after January 1, 1998. +(j)For each taxable year beginning on or after January 1, 1999, and before January 1, 2017, and for each taxable year beginning on or after January 1, 2018, the Franchise Tax Board shall recompute the adjusted gross income amounts set forth in subparagraphs (A) and (B), respectively, of paragraph (1) of subdivision (a). The computation shall be made as follows: +(1)The Department of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index for all items from June of the prior calendar year to June of the current year, no later than August 1 of the current calendar year. +(2)The Franchise Tax Board shall compute an inflation adjustment factor by adding 100 percent to that portion of the percentage change figure furnished pursuant to paragraph (1) and dividing the result by 100. +(3)The Franchise Tax Board shall multiply the amounts in paragraph (1) of subdivision (a) for the preceding taxable year by the inflation adjustment factor determined in paragraph (2), and round off the resulting products to the nearest one dollar ($1). +(4)(A)In computing the amounts pursuant to this subdivision, the amounts provided in clause (i) of subparagraph (A) of paragraph (1) of subdivision (a) shall be twice the amount provided in clause (ii) of subparagraph (A) of paragraph (1) of subdivision (a). +(B)In computing the amounts pursuant to this subdivision, the amounts provided in clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) shall be twice the amount provided in clause (ii) of subparagraph (B) of paragraph (1) of subdivision (a). +SEC. 2. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for married couples filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000, as adjusted currently to $76,518, or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000, as adjusted currently to $38,259, or less. +This +bill would, +bill, +for taxable years beginning on and after January 1, +2017, +2016, instead would +increase this credit for a qualified renter to +$184 +$200 +for married couples filing joint returns, heads of household, and surviving spouses, +if adjusted gross income is $100,000 or less and to an amount equal +and +to +$92 +$100 +for other +individuals whose adjusted gross income is $50,000 or less. The bill would require the Franchise Tax Board to annually adjust the adjusted gross income amounts for inflation, beginning January 1, 2018. +individuals. +This bill would take effect immediately as a tax levy.","An act to amend Section 17053.5 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +307,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) All citizens should be able to make their voices heard in the political process and hold their elected officials accountable. +(b) Elections for local or state elective office should be fair, open, and competitive. +(c) The increasing costs of political campaigns can force candidates to rely on large contributions from wealthy donors and special interests, which can give those wealthy donors and special interests disproportionate influence over governmental decisions. +(d) Such disproportionate influence can undermine the public’s trust that public officials are performing their duties in an impartial manner and that government is serving the needs and responding to the wishes of all citizens equally, without regard to their wealth. +(e) Special interests contribute more to incumbents than challengers because they seek access to elected officials, and such contributions account for a large portion of the financial incumbency advantage, as confirmed by recent studies such as those published in the Journal of Politics in 2014 and Political Research Quarterly in 2016. +(f) Citizen-funded election programs, in which qualified candidates can receive public funds for the purpose of communicating with voters rather than relying exclusively on private donors, have been enacted in six charter cities in California, as well as numerous other local and state jurisdictions. +(g) Citizen-funded election programs encourage competition by reducing the financial advantages of incumbency and making it possible for citizens from all walks of life, not only those with connections to wealthy donors or special interests, to run for office, as confirmed by recent studies such as those published in State Politics and Policy Quarterly in 2008, and by the Campaign Finance Institute in 2015 and the National Institute of Money in State Politics in 2016. +(h) By reducing reliance on wealthy donors and special interests, citizen-funded election programs inhibit improper practices, protect against corruption or the appearance of corruption, and protect the political integrity of our governmental institutions. +(i) In Johnson v. Bradley (1992) 4 Cal.4th 389, the California Supreme Court commented that “it seems obvious that public money reduces rather than increases the fund raising pressures on public office seekers and thereby reduces the undue influence of special interest groups.” +(j) In Buckley v. Valeo (1976) 424 U.S. 1, the United States Supreme Court recognized that “public financing as a means of eliminating the improper influence of large private contributions furthers a significant governmental interest.” +(k) In Arizona Free Enterprise v. Bennett (2011) 564 U.S. 721, the United States Supreme Court acknowledged that public financing of elections “can further ‘significant governmental interest[s]’ such as the state interest in preventing corruption,” quoting Buckley v. Valeo. +(l) In Buckley v. Valeo, the United States Supreme Court further noted that citizen-funded elections programs “facilitate and enlarge public discussion and participation in the electoral process, goals vital to a self-governing people.” +(m) The absolute prohibition on public campaign financing allows special interests to gain disproportionate influence and unfairly favors incumbents. An exception should be created to permit citizen-funded election programs so that elections may be conducted more fairly. +SEC. 2. +Section 85300 of the Government Code is amended to read: +85300. +(a) Except as provided in subdivision (b), a public officer shall not expend, and a candidate shall not accept, any public moneys for the purpose of seeking elective office. +(b) A public officer or candidate may expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity establishes a dedicated fund for this purpose by statute, ordinance, resolution, or charter, and both of the following are true: +(1) Public moneys held in the fund are available to all qualified, voluntarily participating candidates for the same office without regard to incumbency or political party preference. +(2) The state or local governmental entity has established criteria for determining a candidate’s qualification by statute, ordinance, resolution, or charter. +SEC. 3. +Section 89519.5 is added to the Government Code, to read: +89519.5. +(a) An officeholder who is convicted of a felony enumerated in Section 20 of the Elections Code, and whose conviction has become final, shall use funds held by the officeholder’s candidate controlled committee only for the following purposes: +(1) The payment of outstanding campaign debts or elected officer’s expenses. +(2) The repayment of contributions. +(b) Six months after the conviction becomes final, the officeholder shall forfeit any remaining funds subject to subdivision (a), and these funds shall be deposited in the General Fund. +(c) This section does not apply to funds held by a ballot measure committee or in a legal defense fund formed pursuant to Section 85304. +SEC. 4. +The provisions of this bill are severable. If any provision of this bill or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 6. +The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.","Existing law prohibits a person who has been convicted of a felony involving bribery, embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes, from being considered a candidate for, or elected to, a state or local elective office. Existing law, the Political Reform Act of 1974, provides that campaign funds under the control of a former candidate or elected officer are considered surplus campaign funds at a prescribed time, and it prohibits the use of surplus campaign funds except for specified purposes. +This bill would prohibit an officeholder who is convicted of one of those enumerated felonies from using funds held by that officeholder’s candidate controlled committee for purposes other than certain purposes permitted for the use of surplus campaign funds. The bill would also require the officeholder to forfeit any remaining funds held 6 months after the conviction became final, and it would direct those funds to be deposited in the General Fund. +The Political Reform Act of 1974 prohibits a public officer from expending, and a candidate from accepting, public moneys for the purpose of seeking elective office. +This bill would permit a public officer or candidate to expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity established a dedicated fund for this purpose, as specified. +A violation of the act’s provisions is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a +2/3 +vote of each house and compliance with specified procedural requirements. +This bill would declare that it furthers the purposes of the act.","An act to amend Section 85300 of, and to add Section 89519.5 to, the Government Code, relating to the Political Reform Act of 1974." +308,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 21505 of the Elections Code is repealed. +SEC. 2. +Section 21605 of the Elections Code is repealed. +SEC. 3. +Chapter 9 (commencing with Section 23000) is added to Division 21 of the Elections Code, to read: +CHAPTER 9. Advisory and Independent Redistricting Commissions +23000. +For purposes of this chapter, the following terms have the following meanings: +(a) “Advisory redistricting commission” means a body that recommends to a legislative body placement of the district boundaries for that legislative body. +(b) “Family member” means a spouse, registered domestic partner, parent, sibling, child, or in-law. +(c) “Independent redistricting commission” means a body, other than a legislative body, that is empowered to adopt the district boundaries of a legislative body. +(d) “Legislative body” means either a city council of a general law city or a county board of supervisors. +(e) “Local jurisdiction” means either a general law city or a county. +23001. +A local jurisdiction may establish by resolution or ordinance an independent redistricting commission or an advisory redistricting commission composed of residents of the local jurisdiction to change the legislative body’s district boundaries or to recommend to the legislative body changes to those district boundaries. +23002. +(a) This section applies to advisory redistricting commissions. +(b) Notwithstanding any other law, the local jurisdiction may prescribe the manner in which members are appointed to the commission. +(c) A person who is an elected official of the local jurisdiction, or a family member, staff member, or paid campaign staff of an elected official of the local jurisdiction, shall not be appointed to serve on the commission. +(d) The commission shall submit a report to the legislative body of its findings on the need for changes to the boundaries, and its recommended changes, within six months after the final population figures determined in each federal decennial census have been released, but in any event not later than August 1 of the year following the year in which the census is taken. +23003. +(a) This section applies to independent redistricting commissions. +(b) Notwithstanding any other law, the local jurisdiction may prescribe the manner in which members are appointed to the commission, provided that the jurisdiction uses an application process open to all eligible residents. A local jurisdiction may also impose additional qualifications and restrictions on members of the commission in excess of those prescribed by this section. +(c) A person, or the family member of a person, who has done any of the following in the preceding eight years, shall not be appointed to serve on a commission: +(1) Been elected or appointed to, or been a candidate for, an elective office of the local jurisdiction. +(2) Served as an officer of, employee of, or paid consultant to, a campaign committee or a candidate for elective office of the local jurisdiction. +(3) Served as an officer of, employee of, or paid consultant to, a political party or as an elected or appointed member of a political party central committee. +(4) Served as a staff member of, consultant to, or contracted with, a currently serving elected officer of the local jurisdiction. +(5) Been registered to lobby the local jurisdiction. +(6) Contributed five hundred dollars ($500) or more in a year to any candidate for an elective office of the local jurisdiction. The local jurisdiction may adjust this amount by the cumulative change in the California Consumer Price Index, or its successor, in every year ending in zero. +(d) A member of the commission shall not do any of the following: +(1) While serving on the commission, endorse, work for, volunteer for, or make a campaign contribution to, a candidate for an elective office of the local jurisdiction. +(2) Be a candidate for an elective office of the local jurisdiction for 10 years commencing with the date of his or her appointment to the commission. +(3) For four years commencing with the date of his or her appointment to the commission: +(A) Accept an appointment to an office of the local jurisdiction. +(B) Accept employment as a staff member of, or consultant to, an elected official or candidate for elective office of the local jurisdiction. +(C) Receive a noncompetitively bid contract with the local jurisdiction. +(D) Register as a lobbyist for the local jurisdiction. +(e) A commission established pursuant to this section shall not be comprised entirely of members who are registered to vote with the same political party preference. +(f) Each member of the commission shall be a designated employee in the conflict of interest code for the commission pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code. +(g) The commission is subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). +(h) The commission shall adopt new boundaries within six months after the final population figures determined in each federal decennial census have been released, but in any event not later than November 1 of the year following the year in which the census is taken. A map of the proposed boundaries shall be published and made available to the public for at least seven days before being adopted. Before adopting new boundaries, the commission shall hold at least three public hearings preceding the hearing at which the new boundaries are adopted. The commission shall not draw districts for the purpose of favoring or discriminating against an incumbent or political candidate.","Existing law authorizes a county board of supervisors to appoint a committee, composed of county residents, to study the matter of changing the boundaries of its supervisorial districts. Existing law directs a committee created pursuant to that provision to report its findings to the board of supervisors, as specified, and it expressly states that recommendations of the committee are advisory only. Existing law similarly authorizes a city council to appoint a committee, composed of city residents, to study the matter of changing the boundaries of its council districts, directs a committee so created to report its findings to the city council, and expressly states that recommendations of the committee are advisory only. +This bill would delete those provisions and instead authorize a county or general law city to establish a commission, composed of residents of the county or city, to either change the boundaries of the districts or recommend to the governing body changes to the boundaries of the districts. The bill would also require an advisory commission that recommends changes to district boundaries to report to the governing body its findings on the need for changes to the boundaries. For a commission empowered to change district boundaries, this bill would prohibit the appointment of a person or family member, as defined, of a person who engaged in specified activities during the preceding 8 years, and it would also prohibit commission members from engaging in specified activities while serving and for a specified period of time after serving.","An act to add Chapter 9 (commencing with Section 23000) to Division 21 of, and to repeal Sections 21505 and 21605 of, the Elections Code, relating to elections." +309,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 2.92 (commencing with Section 1001.85) is added to Title 6 of Part 2 of the Penal Code, to read: +CHAPTER 2.92. Law Enforcement Assisted Diversion (LEAD) Pilot Program +1001.85. +(a) The Law Enforcement Assisted Diversion (LEAD) pilot program is hereby established. The purpose of the LEAD program is to improve public safety and reduce recidivism by increasing the availability and use of social service resources while reducing costs to law enforcement agencies and courts stemming from repeated incarceration. +(b) LEAD pilot programs shall be consistent with the following principles, implemented to address and reflect the priorities of the community in which the program exists: +(1) Providing intensive case management services and an individually tailored intervention plan that acts as a blueprint for assisting LEAD participants. +(2) Prioritizing temporary and permanent housing that includes individualized supportive services, without preconditions of drug or alcohol treatment or abstinence from drugs or alcohol. +(3) Employing human and social service resources in coordination with law enforcement in a manner that improves individual outcomes and community safety, and promotes community wellness. +(4) Participation in LEAD services shall be voluntary throughout the duration of the program and shall not require abstinence from drug or alcohol use as a condition of continued participation. +1001.86. +(a) The LEAD program shall be administered by the Board of State and Community Corrections. +(b) The board shall award grants, on a competitive basis, to up to three jurisdictions as authorized by this chapter. The board shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following: +(1) Information from the applicant demonstrating a clear understanding of the program’s purpose and the applicant’s willingness and ability to implement the LEAD program as described in this chapter. +(2) Key local partners who would be committed to, and involved in, the development and successful implementation of a LEAD program, including, but not limited to, balanced representation from law enforcement agencies, prosecutorial agencies, public defenders and defense counsel, public health and social services agencies, case management service providers, and any other entities identified by the applicant as integral to the successful implementation of a LEAD program in the jurisdiction. +(3) The jurisdiction’s capacity and commitment to coordinate social services, law enforcement efforts, and justice system decisionmaking processes, and to work to ensure that the discretionary decisions made by each participant in the administration of the program operates in a manner consistent with the purposes of this chapter. +(c) Successful grant applicants shall collect and maintain data pertaining to the effectiveness of the program as indicated by the board in the request for proposals. +1001.87. +(a) LEAD programs funded pursuant to this chapter shall consist of a strategy of effective intervention for eligible participants consistent with the following gateways to services: +(1) Prebooking referral. As an alternative to arrest, a law enforcement officer may take or refer a person for whom the officer has probable cause for arrest for any of the offenses in subdivision (b) to a case manager to be screened for immediate crisis services and to schedule a complete assessment intake interview. Participation in LEAD diversion shall be voluntary, and the person may decline to participate in the program at any time. Criminal charges based on the conduct for which a person is diverted to LEAD shall not be filed, provided that the person finishes the complete assessment intake interview within a period set by the local jurisdictional partners, but not to exceed 30 days after the referral. +(2) Social contact referral. A law enforcement officer may refer an individual to LEAD whom he or she believes is at high risk of arrest in the future for any of the crimes specified in subdivision (b), provided that the individual meets the criteria specified in this paragraph and expresses interest in voluntarily participating in the program. LEAD may accept these referrals if the program has capacity after responding to prebooking diversion referrals described in paragraph (1). All social contact referrals to LEAD shall meet the following criteria: +(A) Verification by law enforcement that the individual has had prior involvement with low-level drug activity or prostitution. Verification shall consist of any of the following: +(i) Criminal history records, including, but not limited to, prior police reports, arrests, jail bookings, criminal charges, or convictions indicating that he or she was engaged in low-level drug or prostitution activity. +(ii) Law enforcement has directly observed the individual’s low-level drug or prostitution activity on prior occasions. +(iii) Law enforcement has a reliable basis of information to believe that the individual is engaged in low-level drug or prostitution activity, including, but not limited to, information provided by another first responder, a professional, or a credible community member. +(B) The individual’s prior involvement with low-level drug or prostitution activity occurred within the LEAD pilot program area. +(C) The individual’s prior involvement with low-level drug or prostitution activity occurred within 24 months of the date of referral. +(D) The individual does not have a pending case in drug court or mental health court. +(E) The individual is not prohibited, by means of an existing no-contact order, temporary restraining order, or antiharassment order, from making contact with a current LEAD participant. +(b) The following offenses are eligible for either prebooking diversion, social contact referral, or both: +(1) Possession for sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. +(2) Sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. +(3) Possession of a controlled substance or other prohibited substance. +(4) Being under the influence of a controlled substance or other prohibited substance. +(5) Being under the influence of alcohol and a controlled substance or other prohibited substance. +(6) Prostitution pursuant to subdivision (b) of Section 647. +1001.88. +(a) Services provided pursuant to this chapter may include, but are not limited to, case management, housing, medical care, mental health care, treatment for alcohol or substance use disorders, nutritional counseling and treatment, psychological counseling, employment, employment training and education, civil legal services, and system navigation. Grant funding may be used to support any of the following: +(1) Project management and community engagement. +(2) Temporary services and treatment necessary to stabilize a participant’s condition, including necessary housing. +(3) Outreach and direct service costs for services described in this section. +(4) Civil legal services for LEAD participants. +(5) Dedicated prosecutorial resources, including for coordinating any nondiverted criminal cases of LEAD participants. +(6) Dedicated law enforcement resources, including for overtime required for participation in operational meetings and training. +(7) Training and technical assistance from experts in the implementation of LEAD in other jurisdictions. +(8) Collecting and maintaining the data necessary for program evaluation. +(b) The board shall contract with a nonprofit research entity, university, or college to evaluate the effectiveness of the LEAD program. The evaluation design shall include measures to assess the cost-benefit outcomes of LEAD programs compared to booking and prosecution, and may include evaluation elements such as comparing outcomes for LEAD participants to similarly situated offenders who are arrested and booked, the number of jail bookings, total number of jail days, the prison incarceration rate, subsequent felony and misdemeanor arrests or convictions, and costs to the criminal justice and court systems. Savings will be compared to costs of LEAD participation. By January 1, 2020 a report of the findings shall be submitted to the Governor and the Legislature pursuant to Section 9795 of the Government Code. +(c) The board may contract with experts in the implementation of LEAD in other jurisdictions for the purpose of providing technical assistance to participating jurisdictions. +(d) The board shall not spend more than 5 percent annually of the moneys allocated to the program for its administrative costs, excluding the contracts authorized in subdivisions (b) and (c). +1001.89. +This chapter shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SECTION 1. +Chapter 2.92 (commencing with Section 1001.85) is added to Title 6 of Part 2 of the +Penal Code +, to read: +2.92. +Law Enforcement Assisted Diversion +1001.85. +(a)The Board of State and Community Corrections shall approve three counties for the establishment of a Law Enforcement Assisted Diversion (LEAD) pilot program. Interested counties shall submit applications to the board, including information on the manner in which the program will operate in that county, as required by the board. +(b)LEAD pilot programs shall include both of the following: +(1)Authorization for designated peace officers to take a person for whom the officer has probable cause for arrest for any of the following offenses to a drug treatment facility or program for treatment, including detoxification and related services in lieu of that arrest: +(A)Possession for sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. +(B)Sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. +(C)Possession of a controlled substance or other prohibited substance. +(D)Being under the influence of a controlled substance or other prohibited substance. +(E)Being under the influence of alcohol and a controlled substance or other prohibited substance. +(2)Authorization for designated peace officers to take a person for whom the officer has probable cause for arrest for prostitution pursuant to subdivision (b) of Section 647, to an agency or entity that will provide services to that person in lieu of that arrest. Services pursuant to this paragraph may include, but are not limited to, housing, medical care, child care, treatment for alcohol or substance abuse, nutritional counseling and treatment, psychological counseling, employment, and employment training and education. +(c)The Legislature finds and declares that a program similar to the LEAD program has been demonstrated in Seattle, Washington to lower recidivism of participants, increase cooperation by participants in treatment and related programs, and significantly reduce law enforcement and court costs.","Existing law authorizes a county to establish a pretrial diversion program for defendants who have been charged with a misdemeanor offense and authorizes other diversion programs, including for defendants with cognitive developmental disabilities, defendants in nonviolent drug cases, and traffic violations. +This bill would require the Board of State and Community Corrections to approve three counties for the establishment of a Law Enforcement Assisted Diversion (LEAD) pilot program. The bill would require the LEAD pilot programs to authorize designated officers to take a person for whom the officer has probable cause for arrest for specified controlled substances offenses, including possession of a controlled substance or other prohibited substance, or prostitution, to treatment programs and services in lieu of that arrest. +This bill, until January 1, 2020, would establish the Law Enforcement Assisted Diversion (LEAD) pilot program, to be administered by the Board of State and Community Corrections, to improve public safety and reduce recidivism by increasing the availability and use of social service resources while reducing costs to law enforcement agencies and courts stemming from repeated incarceration. The bill would require the board to award grants, on a competitive basis, to up to 3 jurisdictions to establish LEAD programs and would require the board to establish minimum standards, funding schedules, and procedures for awarding grants. The bill would establish requirements for referral of people who may be arrested for, or who have a history of, low-level drug offenses or prostitution, as defined, to social services in lieu of prosecution. The bill would require the board to contract with a nonprofit research entity, university, or college to evaluate the effectiveness of the LEAD program and submit a report of the findings to the Governor and the Legislature by January 1, 2020.","An act to add +and repeal +Chapter 2.92 (commencing with Section 1001.85) of Title 6 of Part 2 of the Penal Code, relating to diversion." +310,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Changes to existing law are necessary to facilitate implementation of reforms that have been recommended by the Parks Forward Commission to ensure vibrant and sustainable parks for all Californians and for present and future generations. +(b) There are numerous existing local, regional, and statewide park support organizations collaborating with the Department of Parks and Recreation, managing and operating state parks, and providing resources and services to state parks. +(c) The Department of Parks and Recreation needs to establish a new strategic partnership with a nonprofit park support organization that would complement and support the work of the department and other park partners by bringing new resources, expertise, and flexibility to assist the department in accomplishing its mission. +SEC. 2. +Article 1.5 (commencing with Section 520) is added to Chapter 1 of Division 1 of the Public Resources Code, to read: +Article 1.5. Park Support Organization +520. +For purposes of this article, the following terms shall have the following meanings: +(a) “Park support organization” means a nonprofit organization that meets all of the following requirements: +(1) Is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. +(2) Is established for the principal purposes of increasing park access and visitation in ways that serve all Californians and visitors to the state, promoting healthy lifestyles and community engagement, and supporting the protection and stewardship of California’s natural, cultural, and historical lands, sites, and resources. +(3) Complies with the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code). +(b) “Priority list” means the annual list of strategic initiatives and projects developed by the department and the park support organization pursuant to Section 523. +521. +(a) The department may enter into a statewide agreement with a park support organization to facilitate the implementation of reforms recommended by the Parks Forward Commission and to develop and secure expertise, services, resources, and projects that are not readily available to the state park system, for all of the following purposes: +(1) To develop and engage new sources of public and private funding for the state park system, including philanthropic sources and enterprise and revenue generation activities, where appropriate. +(2) To support marketing and communications activities that promote the programs, amenities, and resources of the state park system, the department, and its partners. +(3) To support projects and programs that facilitate park access and visitation and enhance educational opportunities, particularly among younger and more diverse audiences. +(4) To promote the health and well-being of the state’s residents. +(5) To establish or improve, and support the completion of projects that establish or improve, state park visitor amenities and facilities. +(6) To recruit more diverse staffing and improve capacity for state park programs. +(7) To advance the protection and stewardship of natural, cultural, and historic lands, sites, and resources. +(b) If the department enters into an agreement with a park support organization, the park support organization, in consultation with the department, shall do all of the following: +(1) Communicate and coordinate with park agencies, partners, friends, and volunteers to ensure that activities undertaken pursuant to the agreement complement, support, facilitate, and amplify ongoing partnerships, programs, and projects in support of the state park system. +(2) Engage with public agencies and organizations that manage, operate, and support other parks and protected lands in the state. +522. +The director and the Director of Finance, or their respective designees, may serve as ex officio, nonvoting members of the park support organization’s board of directors in order to provide for effective communication and coordination of efforts between the departments and the park support organization. +522.5. +The park support organization is not a state agency or state body. +523. +(a) If the department enters into an agreement with a park support organization pursuant to Section 521, the department and the park support organization shall collaborate to develop an annual list of strategic initiatives and projects that are statewide priorities for the state park system and for the park support organization and that the park support organization will undertake in partnership with the department. +(b) (1) Any initiative or project included on the priority list shall be consistent with the purposes specified in subdivision (a) of Section 521. +(2) For the first three years of an agreement entered into pursuant to subdivision (a) of Section 521, the park support organization and the department shall prioritize a limited subset of focus areas and projects from the list of purposes specified in subdivision (a) of Section 521, consistent with paragraph (2) of subdivision (b) of Section 521. +(c) Any initiative or project included on the priority list shall be consistent with Sections 5001.2 and 5019.53 regarding protection of the natural, scenic, cultural, and ecological values of the state park system. +(d) The department shall post a copy of the priority list on its Internet Web site, and shall provide copies of the list to the chairpersons of the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Committee on Natural Resources and Water, and the Assembly Committee on Water, Parks, and Wildlife. +524. +(a) In order to advance the purposes described in subdivision (a) of Section 521, an agreement between the department and the park support organization pursuant to Section 521 shall, at a minimum, include and specify all of the following: +(1) Clear goals and objectives. +(2) Any commitments of oversight, staffing, and coordination that are needed to accomplish the goals and objectives. +(3) The process for developing the priority list pursuant to Section 523. +(b) (1) The department may develop and enter into supplementary agreements with the park support organization for the purposes of securing any expertise, capacity, or financial resources that may be needed to identify, plan, develop, or implement strategic initiatives and projects on the priority list. Any such agreement may include, but not be limited to, grants, contracts, memoranda of understanding, staff-sharing agreements, leases, and rights of entry onto state park property. +(2) Notwithstanding Section 5003.17, the department may lease to the park support organization, for a minimum rental of one dollar ($1.00) per year, real property that is owned by the state and included in any unit of the state park system, if the lease agreement requires the park support organization to construct, or provide for the construction of, a structure or improvement on the leased property and specifies that title to the structure or improvement shall vest in the state at the expiration of the lease term. The agreement may provide for the means or method by which title to the structure or improvement shall vest in the state before the expiration of that term. +(3) Notwithstanding Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, any agreements entered into by the department pursuant to this subdivision shall be under the control of the department and shall not be subject to any advertising or competitive bidding requirements applicable to public works or other public projects. +(4) Any construction, alteration, demolition, installation, or repair work undertaken by or on behalf of a park support organization on property owned by the state pursuant to this section shall constitute a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. +(c) The director may receive donations of projects, services, and funds from the park support organization as authorized by Sections 5005, 5009.1, 5009.2, and 5009.3. +(d) The Director of Finance shall have 60 days to review and approve or disapprove any agreement or any substantial amendment to such an agreement, proposed under subdivision (a). Upon approval of the agreement, or substantial amendment, the director may accept donations and enter into supplementary agreements as authorized under subdivisions (b) and (c). +525. +Nothing in this article shall be interpreted as a limitation on the ability of the park support organization to apply for, receive, or administer grants, loans, or other funds from public entities other than the department. The park support organization shall consult with the department if the department may also be applying for those funds. +SEC. 3. +Section 5003.17 of the Public Resources Code is amended to read: +5003.17. +(a) The department may lease, for any use, all or any portion of any parcel of real property acquired for state park system purposes, if the director finds that the use would be compatible with the use of the real property as a unit or part of a unit and with the sound management and conservation of resources within the unit. +(b) Rent shall be based on the fair market value of the property when used for the purpose for which it is leased. All rent shall be deposited pursuant to Section 5010. +(c) The lease term shall not exceed 10 years. All leases are subject to the approval of the Department of General Services. +(d) No lease shall be entered into that extends beyond the 10-year period unless both of the following conditions are met: +(1) At least 30 days’ prior written notice of the proposed lease, including a copy of the proposed lease, has been provided by the director to the Joint Legislative Budget Committee. +(2) The director has included with the proposed lease sufficient documentation to enable the Joint Legislative Budget Committee to determine whether the lease conforms to the requirements of this article and to evaluate fully all terms upon which the lease is proposed to be let, including the amount of the rent and other revenues that may be generated under the lease. +SEC. 4. +Section 5080.40 of the Public Resources Code is amended to read: +5080.40. +(a) No operating lease or agreement shall be entered into, or amended, pursuant to this article unless at least 30 days’ written notice and a copy of the proposed operating lease or agreement, or amendment, has been provided by the director to the Joint Legislative Budget Committee. +(b) The director shall include with the proposed lease or agreement or amendment sufficient documentation to enable the Joint Legislative Budget Committee to evaluate fully the estimated operating costs and revenues and all terms upon which the lease or agreement or amendment is proposed to be entered into. Specifically, the documentation shall identify both of the following: +(1) Any anticipated costs to the state for operation or development under the lease or agreement or amendment and the anticipated state share of total operation and development costs. +(2) The anticipated annual revenues, net of operation costs, for the unit and the state’s share of these revenues. +(c) Leases or agreements shall be exempt from subdivisions (a) and (b) when all of the following conditions exist: +(1) The lease or agreement involves operation of only a portion of a unit of the state park system. +(2) The term of the lease or agreement is for a period of 20 years or less. +(3) The lease’s or agreement’s impact to the unit, including concessions revenue, will not exceed one million dollars ($1,000,000) in annual gross revenue generated on the property. +(4) The lease or agreement involves no significant change in state operational funding or staffing levels, and does not include present or future state expenditures for development of the unit. +(d) Amendments to existing leases or agreements shall be exempt from subdivisions (a) and (b) when all of the following conditions exist: +(1) The amendment involves operation of only a portion of a unit of the state park system. +(2) The amendment’s impact to the unit will not exceed one million dollars ($1,000,000) in annual gross revenue generated on the property. +(3) The amendment involves no significant change in state operational funding or staffing levels, and does not include present or future state expenditures for development of the unit. +SEC. 5. +Section 5080.42 of the Public Resources Code is amended to read: +5080.42. +(a) Notwithstanding any other provision of this article, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, as agreed to by the director. The prohibition on park closures, pursuant to subdivision (a) of Section 541.5, does not limit the department’s authority to enter into an operating agreement pursuant to this section, as provided in subdivision (e) of Section 541.5. The department may only enter into an operating agreement that involves the operation of the entirety of a park unit for no more than 20 park units. An operating agreement with a qualified nonprofit organization shall include, but shall not be limited to, the following conditions: +(1) The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public. +(2) The nonprofit organization shall annually submit a written report to the department regarding its operating activities during the prior year and shall make copies of the report available to the public upon request. The report shall be available on the Internet Web sites of both the department and the nonprofit organization. The report shall include a full accounting of all revenues and expenditures for each unit of the state park system that the nonprofit organization operates pursuant to an operating agreement. +(3) (A) Except as provided in subparagraph (B), all revenues that the qualified nonprofit organization receives from a unit shall be expended only for the care, maintenance, operation, administration, improvement, or development of the unit. The qualified nonprofit organization may additionally contribute in-kind services and funds raised from outside entities for the care, maintenance, operation, administration, improvement, or development of the unit. +(B) If the qualified nonprofit organization determines that the revenues it has received from a unit are in excess of the revenues that are needed for the care, maintenance, operation, administration, improvement, or development of that unit, and that these funds are not already specified for or committed to specific purposes pursuant to an existing agreement or contract restricting the use of those funds, the qualified nonprofit organization may dedicate those excess revenues to another state park unit for that unit’s care, maintenance, operation, administration, improvement, or development. +(4) General Fund moneys shall not be provided to a nonprofit organization to subsidize the operation or maintenance of a park unit. This paragraph applies to state parks, the full operation of which are turned over to a nonprofit organization, but does not apply to or preclude the department from entering into agreements with nonprofit organizations to operate a portion of a state park unit, or from entering into comanagement agreements with nonprofit organizations that involve the sharing of operational and financial responsibilities for the park unit and that have the effect of reducing state costs. This paragraph does not apply to park entrance fees, concession revenues, or any other revenues generated within a park operated by a nonprofit organization pursuant to this section. +(5) Jobs maintained under a memorandum of understanding between the state and the represented bargaining units shall not be eliminated pursuant to the agreement and shall continue to be state employment. +(b) An operating agreement entered into pursuant to subdivision (a) shall honor the existing term of a current concession contract for the state park unit subject to the operating agreement. +(c) An operating agreement entered into pursuant to subdivision (a) shall specify the duties that the nonprofit organization shall be responsible for carrying out relative to management and protection of natural, historical, and cultural resources, and shall identify those management duties that shall continue to be conducted by the department, so that all core operations of the park are delineated. Scientific, architectural, and engineering functions that require special expertise or professional training shall only be conducted by or under the supervision of qualified persons with applicable expertise or training and subject to oversight by the department. +(d) This section does not supersede the requirements of Section 5019.53 regarding the protection of natural, scenic, cultural, and ecological values. +(e) The nonprofit organization and the district superintendent for the department shall, following submittal of the annual report pursuant to subdivision (a), hold a joint public meeting for discussion of the report. +(f) If the department intends to enter into an operating agreement for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or a portion of a unit, the department shall notify the Member of the Legislature in whose district the unit is located, the Chair of the Senate Committee on Natural Resources and Water, the Chair of the Assembly Committee on Water, Parks, and Wildlife, and the chairs of the Assembly and Senate budget committees of that intention. The notification shall include estimated operating costs and revenues and core duties and responsibilities that are likely to be assigned to the nonprofit organization and the department. +(g) For purposes of this section, a qualified nonprofit organization is an organization that is all of the following: +(1) An organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. +(2) An organization that has as its principal purpose and activity to provide visitor services in state parks, facilitate public access to park resources, improve park facilities, provide interpretive and educational services, or provide direct protection or stewardship of natural, cultural, or historical lands, or resources. +(3) An organization that is in compliance with the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code). +(h) (1) Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the Legislature, on a biennial basis, of the status of operating agreements it has entered into pursuant to this section. The report shall include a list of units of the state park system with operating agreements, discussion of the management and operations of each unit subject to an operating agreement, an accounting of the revenues and expenditures incurred under each operating agreement, and an assessment of the benefit to the state from operating agreements entered into pursuant to this section. +(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. +(i) This section shall remain in effect until January 1, 2025, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2025, deletes or extends that date.","Existing law vests control of the state park system with the Department of Parks and Recreation and authorizes the department to enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, subject to certain conditions and requirements. +This bill would repeal those provisions on January 1, 2025. The bill would also provide that an operating agreement may not eliminate jobs maintained under a memorandum of understanding. +This bill would authorize the department to enter into a statewide agreement with a park support organization, as defined, to facilitate the implementation of reforms recommended by the Parks Forward Commission and to develop and secure expertise, services, resources, and projects that are not readily available to the state park system for specified purposes relating to the funding, visitation, use, facilities, and staffing of state parks, as provided. The bill would require the department to take specified actions relating to the development and implementation of such an agreement and would authorize the Director of Parks and Recreation and the Director of Finance, or their designees, to serve as ex officio, nonvoting members of the park support organization’s board of directors. The bill would require the department, if it enters into an agreement with a park support organization, to collaborate with the park support organization to develop an annual list of strategic initiatives and projects that are statewide priorities for the state park system and the park support organization and that the park support organization will undertake in partnership with the department. The bill would authorize the department to enter into supplementary agreements and leases, as provided, with the park support organization and receive donations of projects, services, and funds to be used for the support of the state park system, subject to the review and approval of the statewide agreement or substantial amendment of such an agreement by the Director of Finance. +Existing law authorizes the department to lease, for any use, all or any portion of any parcel of real property acquired for state park system purposes, if the director finds that the use would be compatible with the use of the real property as a unit or part of a unit and with the sound management and conservation of resources within the unit, but prohibits the department from entering into a lease that extends beyond 10 years unless certain conditions for the review and approval of a proposed lease as part of the annual budget process are met. Existing law imposes similar review and approval requirements of operating leases or agreements that are expected to generate over $500,000 in annual gross revenues. +This bill would revise certain of those conditions for the review and approval of a proposed lease or operating lease or agreement by the Joint Legislative Budget Committee, as specified. The bill would make those conditions applicable only to operating leases or agreements that are expected to generate over $1,000,000 in annual gross revenues.","An act to amend Sections 5003.17 and 5080.40 of, to amend and repeal Section 5080.42 of, and to add Article 1.5 (commencing with Section 520) to Chapter 1 of Division 1 of, the Public Resources Code, relating to state parks." +311,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares that pilot projects are demonstrating that schools have significantly lower special education costs when schools partner with county-funded Medi-Cal mental health services providers to address the mental health problems of pupils in a comprehensive multitiered model that includes services for pupils at the earliest time, usually years before they would require special education, which can often be prevented. Thus, the Legislature encourages the partnerships authorized by this act to, whenever possible, look for opportunities and funding to provide pupils who do not have individualized education programs, but are in need of, and could benefit from, prevention and early intervention services, with those services. The Legislature further encourages the State Department of Education and the State Department of Health Care Services to work toward the development of protocols to identify students who are Medi-Cal beneficiaries receiving educationally related mental health services as part of an individual educational plan for the purposes of data tracking. +SEC. 2. +Part 6 (commencing with Section 5920) is added to Division 5 of the Welfare and Institutions Code, to read: +PART 6. County and Local Educational Agency Partnerships +5920. +(a) Notwithstanding any other law, a county, or a qualified provider operating as part of the county mental health plan network, and a local educational agency may enter into a partnership that includes all of the following: +(1) The coum 0;"">(3) The local educational agency, with permission of the pupil’s parent, provides the county mental health plan provider with the information of the health insurance carrier for each pupil. +(4) The agreement between the county mental health plan, or the qualified provider, and the local educational agency addresses how to cover the costs of mental health provider services not covered by funds pursuant to paragraph (1) in the event that mental health service costs exceed the agreed-upon funding outlined in the partnership agreement between the county mental health plan, or the qualified provider, and the local educational agency following a yearend cost reconciliation process, and in the event that the local educational agency does not elect to provide the services through other means. +(5) The agreement between the county mental health plan, or the qualified provider, and the local educational agency fulfills reporting and all other requirements under state and federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and Medi-Cal EPSDT provisions, and measures the effect of the mental health intervention and how that intervention meets the goals in a pupil’s IEP or relevant plan for non-IEP pupils. +(6) The county mental health plan, or the qualified provider, and the local educational agency participate in the performance outcome system established by the State Department of Health Care Services pursuant to Section 14707.5 to measure results of services provided under the partnership agreement between the county mental health plan, or the qualified provider, and the local educational agency. +(7) A plan to establish a partnership described in this section in at least one school within the local educational agency in the first year and to expand the partnership to three additional schools within three years. +(b) For purposes of this section, “local educational agency” has the same meaning as that term is defined in Section 56026.3 of the Education Code. +(c) Where applicable, and to the extent mutually agreed to by a school district and a plan or insurer, it is the intent of the Legislature that a health care service plan or a health insurer be authorized to participate in the partnerships described in this part. +5921. +(a) The County and Local Educational Agency Partnership Fund is hereby created in the State Treasury. Moneys in the fund are available, upon appropriation by the Legislature, to the State Department of Education for the purpose of funding the partnerships described in this part. The State Department of Education shall fund partnerships described in this part through a competitive grant program. +(b) (1) For the 2017–18 fiscal year and each fiscal year thereafter, to the extent there is an appropriation in the annual Budget Act or another measure for purposes of this part, the Superintendent of Public Instruction shall allocate funds from that appropriation to the County and Local Educational Agency Partnership Fund. +(2) Other funds identified and appropriated by the Legislature may also be deposited into the County and Local Educational Agency Partnership Fund and used for the purposes specified in subdivision (a). +(c) Funds made available in the annual Budget Act for the purpose of providing educationally related mental health services, including out-of-home residential services for emotionally disturbed pupils, required by an individualized education program, shall be used only for that purpose and shall not be deposited into the County and Local Educational Agency Partnership Fund.","Existing law requires school districts, county offices of education, and special education local plan areas (SELPAs) to comply with state laws that conform to the federal Individuals with Disabilities Education Act, in order that the state may qualify for federal funds available for the education of individuals with exceptional needs. Existing law requires school districts, county offices of education, and SELPAs to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, and with special education and related services, including mental health services, as reflected in an individualized education program. +Existing law contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. +This bill would specifically authorize a county, or a qualified provider operating as part of the county mental health plan network, and a local educational agency to enter into a partnership that includes, among other things, an agreement between the county mental health plan, or the qualified provider, and the local educational agency that establishes a Medi-Cal mental health provider that is county operated or county contracted for the provision of mental health services to pupils of the local educational agency and in which there are provisions for the delivery of campus-based mental health services through qualified providers or qualified professionals to provide on-campus support to identify pupils with a specified education plan and pupils not in special education who a teacher believes may require those services and, with parental consent, to provide mental health services to those pupils. The bill would create the County and Local Educational Agency Partnership Fund in the State Treasury, which would be available, upon appropriation by the Legislature, to the State Department of Education for the purpose of funding these partnerships, as specified, and would require the State Department of Education to fund these partnerships through a competitive grant program. +The bill would require funds made available in the annual Budget Act for the purpose of providing educationally related mental health services required by an individualized education program to be used only for that purpose and would prohibit those funds from being deposited into the County and Local Educational Agency Partnership Fund.","An act to add Part 6 (commencing with Section 5920) to Division 5 of the Welfare and Institutions Code, relating to pupil health." +312,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3605 of the Probate Code is amended to read: +3605. +(a) This section applies only to a special needs trust established under Section 3604 on or after January 1, 1993. +(b) While the special needs trust is in existence, the statute of limitations otherwise applicable to claims of the State Department of Health Care Services, the State Department of State Hospitals, the State Department of Developmental Services, and any county or city and county in this state is tolled. Notwithstanding any provision in the trust instrument, at the death of the special needs trust beneficiary or on termination of the trust, the trust property is subject to claims of the State Department of Health Care Services, the State Department of State Hospitals, the State Department of Developmental Services, and any county or city and county in this state to the extent authorized by law as if the trust property is owned by the beneficiary or is part of the beneficiary’s estate. +(c) At the death of the special needs trust beneficiary or on termination of the trust, the trustee shall give notice of the beneficiary’s death or the trust termination, in the manner provided in Section 1215, to all of the following: +(1) The State Department of Health Care Services, the State Department of State Hospitals, and the State Department of Developmental Services, addressed to the director of that department at the Sacramento office of the director. +(2) Any county or city and county in this state that has made a written request to the trustee for notice, addressed to that county or city and county at the address specified in the request. +(d) Failure to give the notice required by subdivision (c) prevents the running of the statute of limitations against the claim of the department, county, or city and county not given the notice. +(e) The department, county, or city and county has four months after notice is given in which to make a claim with the trustee. If the trustee rejects the claim, the department, county, or city and county making the claim may petition the court for an order under Chapter 3 (commencing with Section 17200) of Part 5 of Division 9, directing the trustee to pay the claim. A claim made under this subdivision shall be paid as a preferred claim prior to any other distribution. If trust property is insufficient to pay all claims under this subdivision, the trustee shall petition the court for instructions and the claims shall be paid from trust property as the court deems just. +(f) If trust property is distributed before expiration of four months after notice is given without payment of the claim, the department, county, or city and county has a claim against the distributees to the full extent of the claim, or each distributee’s share of trust property, whichever is less. The claim against distributees includes interest at a rate equal to that earned in the Pooled Money Investment Account, Article 4.5 (commencing with Section 16480) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, from the date of distribution or the date of filing the claim, whichever is later, plus other accruing costs as in the case of enforcement of a money judgment. +(g) Notwithstanding subdivisions (a) to (f), inclusive, the trust property of the deceased beneficiary of a special needs trust is not subject to the claims of the state and local entities described in subdivision (b) if there is a surviving child who is a sibling of a deceased beneficiary, that surviving child is also the beneficiary of a special needs trust, and the trust of the deceased beneficiary provides for the transfer of the property in the trust of the deceased beneficiary to the special needs trust of the surviving sibling. +SEC. 2. +Section 14009.5 of the Welfare and Institutions Code is amended to read: +14009.5. +(a) Notwithstanding any other provision of this chapter, the department shall claim against the estate of the decedent, or against any recipient of the property of that decedent by distribution or survival an amount equal to the payments for the health care services received or the value of the property received by any recipient from the decedent by distribution or survival, whichever is less. +(b) The department may not claim in any of the following circumstances: +(1) The decedent was under 55 when services were received, except in the case of an individual who had been an inpatient in a nursing facility. +(2) +Where +If +there is any of the following: +(A) A surviving spouse during his or her lifetime. However, upon the death of a surviving spouse, the department shall make a claim against the estate of the surviving spouse, or against any recipient of property from the surviving spouse obtained by distribution or survival, for either the amount paid for the medical assistance given to the decedent or the value of any of the decedent’s property received by the surviving spouse through distribution or survival, whichever is less. Any statute of limitations that purports to limit the ability to recover for medical assistance granted under this chapter shall not apply to any claim made for reimbursement. +(B) A surviving child who is under age 21. +(C) A surviving child who is blind or permanently and totally disabled, within the meaning of Section 1614 of the federal Social Security Act (42 +U.S.C.A. +U.S.C. +Sec. 1382c). +(D) A surviving child who is the beneficiary of a special needs trust, and who is a sibling of a deceased beneficiary of a special needs trust, if the special needs trust of the deceased beneficiary provides for the transfer of the property in the trust of the deceased beneficiary to the special needs trust of the surviving sibling. +(3) Any exemption described in paragraph (2) that restricts the department from filing a claim against a decedent’s property shall apply only to the proportionate share of the decedent’s estate or property that passes to those recipients, by survival or distribution, who qualify for an exemption under paragraph (2). +(c) (1) The department shall waive its claim, in whole or in part, if it determines that enforcement of the claim would result in substantial hardship to other dependents, heirs, or survivors of the individual against whose estate the claim exists. +(2) The department shall notify individuals of the waiver provision and the opportunity for a hearing to establish that a waiver should be granted. +(d) The following definitions shall govern the construction of this section: +(1) “Decedent” means a beneficiary who has received health care under this chapter or Chapter 8 (commencing with Section 14200) and who has died leaving property to others either through distribution or survival. +(2) “Dependents” includes, but is not limited to, immediate family or blood relatives of the decedent.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing federal law provides that assets in specified trusts shall not be considered for the purposes of determining an individual’s eligibility for, or amount of, benefits under Medicaid but provides that the state shall receive all amounts remaining in those trusts upon the death of the trust beneficiary. Existing state law provides that while a special needs trust, as specified, is in existence, the statute of limitations otherwise applicable to claims of the State Department of Health Care Services, the State Department of Mental Health, the State Department of Developmental Services, and any county or city and county is tolled and that the trust property is subject to those claims at the death of the special needs trust beneficiary or on termination of the trust. +This bill would exempt from the claims of those entities the trust property of a deceased beneficiary if there is a surviving child who is a sibling of the deceased beneficiary, that surviving child is also the beneficiary of a special needs trust, and the trust of the deceased beneficiary provides for the transfer of the property in the trust of the deceased beneficiary to the special needs trust of the surviving sibling.","An act to amend Section 3605 of the Probate Code, and to amend Section 14009.5 of the Welfare and Institutions Code, relating to public social service." +313,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 51225.3 of the Education Code, as amended by Section 1 of Chapter 888 of the Statutes of 2014, is amended to read: +51225.3. +(a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school: +(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified: +(A) Three courses in English. +(B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35. +(C) Two courses in science, including biological and physical sciences. +(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics. +(E) One course in visual or performing arts, foreign language, or, commencing with the 2012–13 school year, career technical education. +(i) For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language. +(ii) For purposes of this subparagraph, “a course in career technical education” means a course in a district-operated career technical education program that is aligned to the career technical model curriculum standards and framework adopted by the state board, including courses through a regional occupational center or program operated by a county superintendent of schools or pursuant to a joint powers agreement. +(iii) This subparagraph does not require a school or school district that currently does not offer career technical education courses to start new career technical education programs for purposes of this section. +(iv) If a school district or county office of education elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the governing board of the school district or county office of education, before offering that alternative to pupils, shall notify parents, teachers, pupils, and the public at a regularly scheduled meeting of the governing board of all of the following: +(I) The intent to offer career technical education courses to fulfill the graduation requirement specified in this subparagraph. +(II) The impact that offering career technical education courses, pursuant to this subparagraph, will have on the availability of courses that meet the eligibility requirements for admission to the California State University and the University of California, and whether the career technical education courses to be offered pursuant to this subparagraph are approved to satisfy those eligibility requirements. If a school district elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the school district shall comply with subdivision (m) of Section 48980. +(III) The distinction, if any, between the high school graduation requirements of the school district or county office of education, and the eligibility requirements for admission to the California State University and the University of California. +(F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code. +(2) Other coursework requirements adopted by the governing board of the school district. +(b) The governing board, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public. +(c) On or before July 1, 2017, the department shall submit a comprehensive report to the appropriate policy committees of the Legislature on the addition of career technical education courses to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a), including, but not limited to, the following information: +(1) A comparison of the pupil enrollment in career technical education courses, foreign language courses, and visual and performing arts courses for the 2005–06 to 2011–12 school years, inclusive, to the pupil enrollment in career technical education courses, foreign language courses, and visual and performing arts courses for the 2012–13 to 2016–17 school years, inclusive. +(2) The reasons, reported by school districts, that pupils give for choosing to enroll in a career technical education course to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a). +(3) The type and number of career technical education courses that were conducted for the 2005–06 to 2011–12 school years, inclusive, compared to the type and number of career technical education courses that were conducted for the 2012–13 to 2016–17 school years, inclusive. +(4) The number of career technical education courses that satisfied the subject matter requirements for admission to the University of California or the California State University. +(5) The extent to which the career technical education courses chosen by pupils are aligned with the California Career Technical Education Standards, and prepare pupils for employment, advanced training, and postsecondary education. +(6) The number of career technical education courses that also satisfy the visual and performing arts requirement, and the number of career technical education courses that also satisfy the foreign language requirement. +(7) Annual pupil dropout and graduation rates for the 2011–12 to 2014–15 school years, inclusive. +(d) For purposes of completing the report described in subdivision (c), the Superintendent may use existing state resources and federal funds. If state or federal funds are not available or sufficient, the Superintendent may apply for and accept grants, and receive donations and other financial support from public or private sources for purposes of this section. +(e) For purposes of completing the report described in subdivision (c), the Superintendent may accept support, including, but not limited to, financial and technical support, from high school reform advocates, teachers, chamber organizations, industry representatives, research centers, parents, and pupils. +(f) This section shall become inoperative on the earlier of the following two dates: +(1) On July 1, immediately following the first fiscal year after the enactment of the act that adds this paragraph in which the number of career technical education courses that, as determined by the department, satisfy the foreign language requirement for admission to the California State University and the University of California is at least twice the number of career technical education courses that meet these admission requirements as of January 1, 2012. This section shall be repealed on the following January 1, unless a later enacted statute, that becomes operative on or before that date, deletes or extends the dates on which it becomes inoperative and is repealed. It is the intent of the Legislature that new career technical education courses that satisfy the foreign language requirement for admission to the California State University and the University of California focus on world languages aligned with career preparation, emphasizing real-world application and technical content in related career and technical education courses. +(2) On July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.","Existing law requires each pupil completing grade 12 to satisfy certain requirements as a condition of receiving a diploma of graduation from high school. These requirements include the completion of designated coursework in grades 9 to 12, inclusive. The coursework requirements include, among others, the completion of one course in visual or performing arts, foreign language, or, commencing with the 2012–13 school year and continuing until the end of the 2016–17 school year on July 1, 2017, or until the occurrence of a specified event relating to career technical education requirements of the University of California and the California State University, whichever occurs earlier, career technical education, as specified. +This bill would instead require that the coursework requirements include, among others, the completion of one course in visual or performing arts, foreign language, or, commencing with the 2012–13 school year and continuing until the end of the 2021–22 school year on July 1, 2022, or until the occurrence of a specified event relating to career technical education requirements of the University of California and the California State University, whichever occurs earlier, career technical education, as specified.","An act to amend Section 51225.3 of the Education Code, relating to pupil instruction." +314,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2869 of the Public Utilities Code is amended to read: +2869. +(a) (1) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy +system, +system +to an entity or +person, +person +for use in a residence shall include a disclosure to the buyer or lessee that, at a minimum, includes all of the following: +(A) A good faith estimate of the kilowatthours to be delivered by the solar energy system. +(B) A plain language explanation of the terms under which the pricing will be calculated over the life of the contract and a good faith estimate of the price per kilowatthour. +(C) A plain language explanation of operation and maintenance responsibilities of the contract parties. +(D) A plain language explanation of the contract provisions regulating the disposition or transfer of the contract in the event of a transfer of ownership of the residence, as well as the costs or potential costs associated with the disposition or transfer of the contract. +(E) A plain language explanation of the disposition of the solar energy system at the end of the term of the contract. +(2) The commission may require, as a condition of receiving ratepayer funded incentives, that an independent solar energy producer provide additional +disclosure +disclosures +to the buyer or lessee, the commission, or both. +(b) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy +system, +system +to an entity or +person, +person +for use in a residence shall record a Notice of an Independent Solar Energy Producer Contract, within 30 days of the signing of the contract, against the title to the real property on which the electricity is generated, and against the title to any adjacent real property on which the electricity will be used, in the office of the county recorder for the county in which the real property is located. The notice shall include all of the following and may include additional information: +(1) (A) If the solar energy system is located on the real property, a prominent title at the top of the document in 14-point type stating “Notice of an Independent Solar Energy Producer Contract” and the following statement: +“This real property is receiving part of its electric service from an independent solar energy producer that has retained ownership of a solar electric generation system that is located on the real property. The independent solar energy producer provides electric service to the current owner of this real property through a long-term contract for electric service. The independent solar energy producer is required to provide a copy of the contract to a prospective buyer of the real property within ten (10) days of the receipt of a written request from the current owner of this real property.” +(B) If the solar energy system is located on an adjacent real property, a prominent title at the top of the document in 14-point type stating “Notice of an Independent Solar Energy Producer Contract” and the following statement: +“This real property is receiving part of its electric service from an independent solar energy producer that has retained ownership of a solar electric generation system that is located on an adjacent real property. The independent solar energy producer provides electric service to the current owner of this real property through a long-term contract for electric service. The independent solar energy producer is required to provide a copy of the contract to a prospective buyer of this real property within ten (10) days of the receipt of a written request from the current owner of this real property.” +(2) The address and assessor’s parcel number of the real property against which the notice is recorded. +(3) The name, address, and telephone number of the independent solar energy producer, and any other contact information deemed necessary by the independent solar energy producer. +(4) A statement identifying whether the contract is a contract for the sale of electricity or for the lease of a solar energy system, and providing the dates on which the contract commences and terminates. +(5) A plain language summary of the potential costs, consequences, and assignment of responsibilities, if any, that could result in the event the contract is terminated. +(c) (1) The recorded Notice of an Independent Solar Energy Producer Contract does not constitute a title defect, lien, or encumbrance against the real property, and the independent solar energy producer shall be solely responsible for the accuracy of the information provided in the notice and for recording the document with the county recorder. +(2) The independent solar energy producer shall record a subsequent document extinguishing the Notice of an Independent Solar Energy Producer Contract if the contract is voided, terminated, sold, assigned, or transferred. If the independent solar energy producer transfers its obligation under the contract or changes its contact information, it shall record a new notice reflecting these changes within 30 days of their occurrence. +(3) Within 30 days of the termination of a contract for the use or sale of electricity or the lease of a solar energy system, the independent solar energy producer shall record a subsequent document extinguishing the Notice of an Independent Solar Energy Producer Contract from the title to the real property on which the electricity is +generated, +generated +and from the title to any adjacent real property on which the electricity was +used, +used +in the office of the county recorder for the county in which the real property is located. +(d) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy system shall provide a copy of the existing contract to a prospective buyer of the real property where the electricity is used or generated within ten (10) days of the receipt of a written request from the current owner of the real property. +(e) (1) All contracts for the sale of electricity by an independent solar energy producer to an entity or +person, +person +for use in a residential dwelling shall be made available to the commission upon its request, and shall be confidential, except as provided for in this subdivision. The disclosures required by subdivision (a) may be made open to public inspection or made public by the commission. +(2) A contract provided to the commission pursuant to this subdivision shall not be open to public inspection or made public, except on order of the commission, or by the commission or a commissioner in the course of a hearing or proceeding. +(3) This subdivision does not eliminate or modify any rule or provision of law that provides for the confidentiality of information submitted to the commission in the course of its proceedings. +(f) A master-meter customer of an electric utility who purchases electricity or leases a solar energy system from an independent solar energy producer, and who provides electric service to users who are tenants of a mobilehome park, apartment building, or similar residential complex, shall do both of the following: +(1) Charge each user of the electric service that is under a submetered system a rate for the solar generated electricity not to exceed the rate charged by the independent solar energy producer or the electric utility’s rate for an equivalent amount of electricity, whichever is lower. +(2) Comply with the provisions of Section 739.5 or 12821.5, and any rules set forth by an electric utility for master-meter customers. +(g) No transfer of real property subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article. Any person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this article shall be civilly liable in the amount of actual damages suffered by a transferee or transferor of the real property as a consequence of that violation or failure.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law requires an independent solar energy producer, as defined, contracting for the use or sale of electricity or the lease of a solar energy system, as defined, to an entity or person for use in a residence to make certain disclosures to the buyer or lessee, including a plain language explanation of the contract provisions regulating the disposition or transfer of the contract in the event of a transfer of ownership of the residence, as well as the costs or potential costs associated with the disposition or transfer of the contract. +This bill would make nonsubstantive changes to those provisions.","An act to amend Section 2869 of the Public Utilities Code, relating to energy." +315,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1473 of the Penal Code is amended to read: +1473. +(a) A person unlawfully imprisoned or restrained of his or her liberty, under any pretense, may prosecute a writ of habeas corpus to inquire into the cause of his or her imprisonment or restraint. +(b) A writ of habeas corpus may be prosecuted for, but not limited to, the following reasons: +(1) False evidence that is substantially material or probative on the issue of guilt or punishment was introduced against a person at a hearing or trial relating to his or her incarceration. +(2) False physical evidence, believed by a person to be factual, probative, or material on the issue of guilt, which was known by the person at the time of entering a plea of guilty, which was a material factor directly related to the plea of guilty by the person. +(3) (A) New evidence exists that is credible, material, presented without substantial delay, and of such decisive force and value that it would have more likely than not changed the outcome at trial. +(B) For purposes of this section, “new evidence” means evidence that has been discovered after trial, that could not have been discovered prior to trial by the exercise of due diligence, and is admissible and not merely cumulative, corroborative, collateral, or impeaching. +(c) Any allegation that the prosecution knew or should have known of the false nature of the evidence referred to in paragraphs (1) and (2) of subdivision (b) is immaterial to the prosecution of a writ of habeas corpus brought pursuant to paragraph (1) or (2) of subdivision (b). +(d) This section does not limit the grounds for which a writ of habeas corpus may be prosecuted or preclude the use of any other remedies. +(e) (1) For purposes of this section, “false evidence” includes opinions of experts that have either been repudiated by the expert who originally provided the opinion at a hearing or trial or that have been undermined by later scientific research or technological advances. +(2) This section does not create additional liabilities, beyond those already recognized, for an expert who repudiates his or her original opinion provided at a hearing or trial or whose opinion has been undermined by later scientific research or technological advancements. +SEC. 2. +Section 1485.5 of the Penal Code is amended to read: +1485.5. +(a) If the district attorney or Attorney General stipulates to or does not contest the factual allegations underlying one or more of the grounds for granting a writ of habeas corpus or a motion to vacate a judgment, the facts underlying the basis for the court’s ruling or order shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board. +(b) The district attorney shall provide notice to the Attorney General prior to entering into a stipulation of facts that will be the basis for the granting of a writ of habeas corpus or a motion to vacate a judgment. +(c) In a contested or uncontested proceeding, the express factual findings made by the court, including credibility determinations, in considering a petition for habeas corpus, a motion to vacate judgment pursuant to Section 1473.6, or an application for a certificate of factual innocence, shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board. +(d) For the purposes of this section, “express factual findings” are findings established as the basis for the court’s ruling or order. +(e) For purposes of this section, “court” is defined as a state or federal court. +SEC. 3. +Section 1485.55 of the Penal Code is amended to read: +1485.55. +(a) In a contested proceeding, if the court has granted a writ of habeas corpus or when, pursuant to Section 1473.6, the court vacates a judgment, and if the court has found that the person is factually innocent, that finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid pursuant to Section 4904. +(b) In a contested or uncontested proceeding, if the court grants a writ of habeas corpus and did not find the person factually innocent in the habeas corpus proceedings, the petitioner may move for a finding of factual innocence by a preponderance of the evidence that the crime with which he or she was charged was either not committed at all or, if committed, was not committed by him or her. +(c) If the court vacates a judgment pursuant to Section 1473.6, on any ground, the petitioner may move for a finding of factual innocence by a preponderance of the evidence that the crime with which he or she was charged was either not committed at all or, if committed, was not committed by him or her. +(d) If the court makes a finding that the petitioner has proven his or her factual innocence by a preponderance of the evidence pursuant to subdivision (b) or (c), the board shall, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section 4904. +(e) A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivision (b) or (c). +(f) If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence that the crime with which he or she was charged was either not committed at all or, if committed, was not committed by him or her, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section 4904.","Existing law allows every person who is unlawfully imprisoned or restrained of his or her liberty to prosecute a writ of habeas corpus to inquire into the cause of his or her imprisonment or restraint. Existing law allows a writ of habeas corpus to be prosecuted for, but not limited to, false evidence that is substantially material or probative to the issue of guilt or punishment that was introduced at trial and false physical evidence which was a material factor directly related to the plea of guilty of the person. +This bill would additionally allow a writ of habeas corpus to be prosecuted on the basis of new evidence that is credible, material, presented without substantial delay, and of such decisive force and value that it would have more likely than not changed the outcome at trial. +Existing law requires the California Victim Compensation Board to recommend an appropriation be made by the Legislature for the purpose of indemnifying a person if the evidence shows that a crime with which the person was charged was either not committed at all, or, if committed, was not committed by that person. Existing law requires that the appropriation recommended shall be a sum equivalent to $140 per day of incarceration served. If a court grants a writ of habeas corpus or vacates a judgment on the basis of new evidence and finds that the new evidence points unerringly to innocence, existing law requires the board to recommend an appropriation to the Legislature pursuant to these provisions without a hearing. +This bill would require the board, without a hearing, to recommend an appropriation to the Legislature if the court finds that the person is factually innocent. The bill would make additional clarifying and technical changes.","An act to amend Sections 1473, 1485.5, and 1485.55 of the Penal Code, relating to habeas corpus." +316,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1367.031 is added to the Health and Safety Code, to read: +1367.031. +(a) A health care service plan contract that is issued, renewed, or amended on or after July 1, 2017, shall provide information to an enrollee regarding the standards for timely access to care adopted pursuant to Section 1367.03 and the information required by this section, including information related to receipt of interpreter services in a timely manner, no less than annually. +(b) A health care service plan at a minimum shall provide information regarding appointment wait times for urgent care, nonurgent primary care, nonurgent specialty care, and telephone screening established pursuant to Section 1367.03 to enrollees and contracting providers. The information shall also include notice of the availability of interpreter services at the time of the appointment pursuant to Section 1367.04. A health care service plan may indicate that exceptions to appointment wait times may apply if the department has found exceptions to be permissible. +(c) The information required to be provided pursuant to this section shall be provided to an enrollee with individual coverage upon initial enrollment and annually thereafter upon renewal, and to enrollees and subscribers with group coverage upon initial enrollment and annually thereafter upon renewal. A health care service plan may include this information with other materials sent to the enrollee. The information shall also be provided in the following manner: +(1) In a separate section of the evidence of coverage titled “Timely Access to Care.” +(2) At least annually, in or with newsletters, outreach, or other materials that are routinely disseminated to the plan’s enrollees. +(3) Commencing January 1, 2018, in a separate section of the provider directory published and maintained by the health care service plan pursuant to Section 1367.27. The separate section shall be titled “Timely Access to Care.” +(4) On the Internet Web site published and maintained by the health care service plan, in a manner that allows enrollees and prospective enrollees to easily locate the information. +(d) (1) A health care service plan shall provide the information required by this section to contracting providers on no less than an annual basis. +(2) A health care service plan shall also inform a contracting provider of all of the following: +(A) Information about a health care service plan’s obligation under California law to provide or arrange for timely access to care. +(B) How a contracting provider or enrollee can contact the health care service plan to obtain assistance if a patient is unable to obtain a timely referral to an appropriate provider. +(C) The toll-free telephone number for the Department of Managed Health Care where providers and enrollees can file a complaint if they are unable to obtain a timely referral to an appropriate provider. +(3) A health care service plan may comply with this subdivision by including the information with an existing communication with a contracting provider. +(e) This section shall apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code. +SEC. 2. +Section 10133.53 is added to the Insurance Code, to read: +10133.53. +(a) A health insurance policy that is issued, renewed, or amended on or after July 1, 2017, that provides benefits through contracts with providers for alternative rates pursuant to Section 10133 shall provide information to an insured regarding the standards for timely access to care adopted pursuant to Section 10133.5 and the information required by this section, including information related to receipt of interpreter services in a timely manner, no less than annually. +(b) A health insurer that contracts with providers for alternative rates of payment pursuant to Section 10133 shall, at a minimum, provide information regarding appointment wait times for urgent care, nonurgent primary care, nonurgent specialty care, and telephone screening established pursuant to Section 10133.5 to insureds and contracting providers. The information shall also include notice of the availability of interpreter services at the time of the appointment pursuant to Section 10133.8. A health insurer may indicate that exceptions to appointment wait times may apply if the department has found exceptions to be permissible. +(c) The information required to be provided pursuant to this section shall be provided to an insured with individual coverage upon initial enrollment and annually thereafter upon renewal, and to insureds and group policyholders with group coverage upon initial enrollment and annually thereafter upon renewal. An insurer may include this information with other materials sent to the insured. The information shall also be provided in the following manner: +(1) In a separate section of the evidence of coverage titled “Timely Access to Care.” +(2) At least annually, in or with newsletters, outreach, or other materials that are routinely disseminated to the policy’s insureds. +(3) Commencing January 1, 2018, in a separate section of the provider directory published and maintained by the insurer pursuant to Section 10133.15. The separate section shall be titled “Timely Access to Care.” +(4) On the Internet Web site published and maintained by the insurer, in a manner that allows insureds and prospective insureds to easily locate the information. +(d) (1) A health insurer shall provide the information required by this section to contracting providers on no less than an annual basis. +(2) A health insurer shall also inform a contracting provider of all of the following: +(A) Information about a health insurer’s obligation under California law to provide or arrange for timely access to care. +(B) How a contracting provider or insured can contact the health insurer to obtain assistance if a patient is unable to obtain a timely referral to an appropriate provider. +(C) The toll-free telephone number for the Department of Insurance where providers and insureds can file a complaint if they are unable to obtain a timely referral to an appropriate provider. +(3) A health insurer may comply with this subdivision by including the information with an existing communication with a contracting provider. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires each department to develop and adopt regulations to ensure that enrollees have access to needed health care services in a timely manner. +Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires each prepaid health plan to establish a grievance procedure under which enrollees may submit their grievances. +This bill would require a health care service plan contract or a health insurance policy that provides benefits through contracts with providers for alternative rates that is issued, renewed, or amended on or after July 1, 2017, to provide information to enrollees and insureds regarding the standards for timely access to health care services and other specified health care access information, including information related to receipt of interpreter services in a timely manner, no less than annually, and would make these provisions applicable to Medi-Cal managed care plans. The bill would also require a health care service plan or a health insurer that contracts with providers for alternative rates of payment to provide a contracting health care provider with specified information relating to the provision of referrals or health care services in a timely manner. +Because a willful violation of the bill’s provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 1367.031 to the Health and Safety Code, and to add Section 10133.53 to the Insurance Code, relating to health care coverage." +317,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4214 of the Public Resources Code is amended to read: +4214. +(a) Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows: +(1) The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee. +(2) The moneys collected, other than those retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of habitable structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the owners of habitable structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas. +(b) (1) The fund may also be used to cover the costs of administering this chapter. +(2) The fund shall cover all startup costs incurred over a period not to exceed two years. +(c) It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter. +(d) Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of habitable structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter: +(1) Local assistance grants pursuant to subdivision (e). +(2) Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas. +(3) Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria. +(4) Inspections by the department for compliance with defensible space requirements around habitable structures in state responsibility areas as required by Section 4291. +(5) Public education to reduce fire risk in the state responsibility areas. +(6) Fire severity and fire hazard mapping by the department in the state responsibility areas. +(7) Other fire prevention projects in the state responsibility areas, authorized by the board. +(e) (1) The board shall establish a local assistance grant program for fire prevention activities designed to benefit habitable structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions. +(2) In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of habitable structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program. +(f) By January 31, +2015, +2017, +and annually thereafter, the +board +department +shall submit to the Legislature +and the board +a written report on the status and uses of the fund pursuant to this chapter. The written report shall include all of the following for each reporting period: +(1) A description of each program, subprogram, and element for which the department uses money generated from the fire prevention fee, including an itemized accounting of expenditures for each program, subprogram, and element. +(2) An evaluation of the benefits received by counties based on the number of habitable structures in state responsibility areas within their jurisdictions, the effectiveness of the board’s grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, and measures to increase compliance, if any. +(3) An accounting of expenditures for equipment. +(4) Positions that are associated with each expenditure. +(5) A description of the grants awarded and expenditures of grant moneys. +(6) A description of actual expenditures for the past fiscal +year and +year, estimated expenditures for +the current fiscal +year and estimated +year, and budgeted +expenditures for the budget year. +(7) Any recommendations to the Legislature on the status and uses of the fund. +(g) (1) The requirement for submitting a report imposed under subdivision (f) is inoperative on January 31, 2021, pursuant to Section 10231.5 of the Government Code. +(2) A report to be submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code. +(h) It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the provisions of the Public Contract Code or any other provision of law related to public contracting shall not apply.","Existing law requires the State Board of Forestry and Fire Protection to adopt emergency regulations to establish a fire prevention fee in +an +amount not to exceed $150 to be charged on each habitable structure, as defined, on a parcel that is within a state responsibility area, as defined. Existing law requires the state board to adjust the fire prevention fee annually using prescribed methods, and requires the state board, until January 31, 2017, to submit a report to the Legislature every January 31 on the status and uses of the fund, containing specified information and recommendations. +This bill would +instead require the Department of Forestry and Fire Protection to submit that report to the Legislature and the board, and would +extend to January 31, 2021, the time until which the +state board +report +is required to +submit the report to the Legislature, and +be submitted. The bill +would additionally require that the report include specified information on each program, subprogram, and element for which the +Department of Forestry and Fire Protection +department +uses money generated from that fire prevention fee, and other information regarding fund expenditures, as provided.","An act to amend Section 4214 of the Public Resources Code, relating to fire prevention." +318,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 208.3 is added to the Welfare and Institutions Code, to read: +208.3. +(a) For purposes of this section, the following definitions shall apply: +(1) “Juvenile facility” includes any of the following: +(A) A juvenile hall, as described in Section 850. +(B) A juvenile camp or ranch, as described in Article 24 (commencing with Section 880). +(C) A facility of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. +(D) A regional youth educational facility, as described in Section 894. +(E) A youth correctional center, as described in Article 9 (commencing with Section 1850) of Chapter 1 of Division 2.5. +(F) A juvenile regional facility as described in Section 5695. +(G) Any other local or state facility used for the confinement of minors or wards. +(2) “Minor” means a person who is any of the following: +(A) A person under 18 years of age. +(B) A person under the maximum age of juvenile court jurisdiction who is confined in a juvenile facility. +(C) A person under the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. +(3) “Room confinement” means the placement of a minor or ward in a locked sleeping room or cell with minimal or no contact with persons other than correctional facility staff and attorneys. Room confinement does not include confinement of a minor or ward in a single-person room or cell for brief periods of locked room confinement necessary for required institutional operations. +(4) “Ward” means a person who has been declared a ward of the court pursuant to subdivision (a) of Section 602. +(b) The placement of a minor or ward in room confinement shall be accomplished in accordance with the following guidelines: +(1) Room confinement shall not be used before other less restrictive options have been attempted and exhausted, unless attempting those options poses a threat to the safety or security of any minor, ward, or staff. +(2) Room confinement shall not be used for the purposes of punishment, coercion, convenience, or retaliation by staff. +(3) Room confinement shall not be used to the extent that it compromises the mental and physical health of the minor or ward. +(c) A minor or ward may be held up to four hours in room confinement. After the minor or ward has been held in room confinement for a period of four hours, staff shall do one or more of the following: +(1) Return the minor or ward to general population. +(2) Consult with mental health or medical staff. +(3) Develop an individualized plan that includes the goals and objectives to be met in order to reintegrate the minor or ward to general population. +(d) If room confinement must be extended beyond four hours, staff shall do the following: +(1) Document the reason for room confinement and the basis for the extension, the date and time the minor or ward was first placed in room confinement, and when he or she is eventually released from room confinement. +(2) Develop an individualized plan that includes the goals and objectives to be met in order to reintegrate the minor or ward to general population. +(3) Obtain documented authorization by the facility superintendent or his or her designee every four hours thereafter. +(e) This section is not intended to limit the use of single-person rooms or cells for the housing of minors or wards in juvenile facilities and does not apply to normal sleeping hours. +(f) This section does not apply to minors or wards in court holding facilities or adult facilities. +(g) Nothing in this section shall be construed to conflict with any law providing greater or additional protections to minors or wards. +(h) This section does not apply during an extraordinary, emergency circumstance that requires a significant departure from normal institutional operations, including a natural disaster or facility-wide threat that poses an imminent and substantial risk of harm to multiple staff, minors, or wards. This exception shall apply for the shortest amount of time needed to address the imminent and substantial risk of harm. +(i) This section does not apply when a minor or ward is placed in a locked cell or sleep room to treat and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, with the written approval of a licensed physician or nurse practitioner, when the minor or ward is not required to be in an infirmary for an illness. Additionally, this section does not apply when a minor or ward is placed in a locked cell or sleep room for required extended care after medical treatment with the written approval of a licensed physician or nurse practitioner, when the minor or ward is not required to be in an infirmary for illness. +(j) This section shall become operative on January 1, 2018. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law permits minors who are detained in juvenile hall for habitual disobedience, truancy, or curfew violation to be held in the same facility as minors who are detained for violating any law or ordinance defining a crime, if they do not come or remain in contact with each other. Existing law also permits the detention of minors in jails and other secure facilities for the confinement of adults if the minors do not come or remain in contact with confined adults and other specified conditions are met. +Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary detention for a period of 72 hours for the evaluation of a person, including a minor, who is dangerous to himself or herself or others, or gravely disabled, as defined. +This bill would, commencing January 1, 2018, place restrictions on the use of room confinement of minors or wards who are confined in a juvenile facility, as specified. The bill would require the placement of a minor or ward in room confinement to be conducted in accordance with specified guidelines. By increasing the duties of local entities in connection with local juvenile facilities, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 208.3 to the Welfare and Institutions Code, relating to juveniles." +319,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature hereby declares all of the following: +(a) Beginning in 2008, California faced a foreclosure crisis, with rapidly dropping home values and skyrocketing job losses. Indiscriminate foreclosure practices of major mortgage servicers compounded the problem as they created a labyrinth of red tape, lost documents, and erroneous information, and then they started foreclosure proceedings while borrowers and their families were in the middle of applying for a loan modification. +(b) The California Legislature responded with a first-in-the-nation Homeowner Bill of Rights (HBOR), which requires mortgage servicers to provide borrowers a fair and transparent process, a single point of contact, and the opportunity to finish applying for a loan modification before foreclosure proceedings can start. HBOR stabilized families, neighborhoods, and local communities by slowing down indiscriminate foreclosures. +(c) Now, however, district attorneys and legal aid organizations are reporting an increasing number of cases in which mortgage servicers use a loophole in HBOR to foreclose on certain homeowners—people who survive the death of a borrower and have an ownership interest in the home but are not named on the mortgage loan. Most often, the “survivor” is the borrower’s spouse and is over 65 years of age. +(d) When the surviving widow or widower, domestic partner, children, or other heirs attempt to obtain basic information about the loan from the servicer, they face the same kind of barriers and abuses—and, finally foreclosure—that convinced the Legislature to pass HBOR. +(e) Home ownership is the primary avenue for most Americans to build generational wealth. Indiscriminate foreclosures on surviving heirs destroy a family’s ability to build for its financial future. Foreclosures also exacerbate the racial wealth gap—and overall wealth inequality—in society, and force seniors who want to “age in place” into the overheated rental market instead, with devastating health impacts. +(f) Surviving heirs deserve the same transparency and opportunity to save their home as HBOR gave the original borrower. This act would stem a disturbing nationwide trend and help keep widows and widowers, children, and other survivors in their homes—without requiring mortgage servicers to do anything more than they already do for other homeowners. +(g) It is the intent of the Legislature that this act work in conjunction with federal Consumer Financial Protection Bureau servicing guidelines. +SEC. 2. +Section 2920.7 is added to the Civil Code, to read: +2920.7. +(a) Upon notification by someone claiming to be a successor in interest that a borrower has died, and where that claimant is not a party to the loan or promissory note, a mortgage servicer shall not record a notice of default pursuant to Section 2924 until the mortgage servicer does both of the following: +(1) Requests reasonable documentation of the death of the borrower from the claimant, including, but not limited to, a death certificate or other written evidence of the death of the borrower. A reasonable period of time shall be provided for the claimant to present this documentation, but no less than 30 days from the date of a written request by the mortgage servicer. +(2) Requests reasonable documentation from the claimant demonstrating the ownership interest of that claimant in the real property. A reasonable period of time shall be provided for the claimant to present this documentation, but no less than 90 days from the date of a written request by the mortgage servicer. +(b) (1) Upon receipt by the mortgage servicer of the reasonable documentation of the status of a claimant as successor in interest and that claimant’s ownership interest in the real property, that claimant shall be deemed a “successor in interest.” +(2) There may be more than one successor in interest. A mortgage servicer shall apply the provisions of this section to multiple successors in interest in accordance with the terms of the loan and federal and state laws and regulations. When there are multiple successors in interest who do not wish to proceed as coborrowers or coapplicants, a mortgage servicer may require any nonapplicant successor in interest to consent in writing to the application for loan assumption. +(3) Being a successor in interest under this section does not impose an affirmative duty on a mortgage servicer or alter any obligation the mortgage servicer has to provide a loan modification to the successor in interest. If a successor in interest assumes the loan, he or she may be required to otherwise qualify for available foreclosure prevention alternatives offered by the mortgage servicer. +(c) Within 10 days of a claimant being deemed a successor in interest pursuant to subdivision (b), a mortgage servicer shall provide the successor in interest with information in writing about the loan. This information shall include, at a minimum, loan balance, interest rate and interest reset dates and amounts, balloon payments if any, prepayment penalties if any, default or delinquency status, the monthly payment amount, and payoff amounts. +(d) A mortgage servicer shall allow a successor in interest to either: +(1) Apply to assume the deceased borrower’s loan. The mortgage servicer may evaluate the creditworthiness of the successor in interest, subject to applicable investor requirements and guidelines. +(2) If a successor in interest of an assumable loan also seeks a foreclosure prevention alternative, simultaneously apply to assume the loan and for a foreclosure prevention alternative that may be offered by, or available through, the mortgage loan servicer. If the successor in interest qualifies for the foreclosure prevention alternative, assume the loan. The mortgage servicer may evaluate the creditworthiness of the successor in interest subject to applicable investor requirements and guidelines. +(e) (1) A successor in interest shall have all the same rights and remedies as a borrower under subdivision (a) of Section 2923.4 and under Sections 2923.6, 2923.7, 2924, 2924.9, 2924.10, 2924.11, 2924.12, 2924.15, 2924.17, 2924.18, and 2924.19. For the purposes of Section 2924.15, “owner-occupied” means that the property was the principal residence of the deceased borrower and is security for a loan made for personal, family, or household purposes. +(2) If a trustee’s deed upon sale has not been recorded, a successor in interest may bring an action for injunctive relief to enjoin a material violation of subdivision (a), (b), (c), or (d). Any injunction shall remain in place and any trustee’s sale shall be enjoined until the court determines that the mortgage servicer has corrected and remedied the violation or violations giving rise to the action for injunctive relief. An enjoined entity may move to dissolve an injunction based on a showing that the material violation has been corrected and remedied. +(3) After a trustee’s deed upon sale has been recorded, a mortgage servicer shall be liable to a successor in interest for actual economic damages pursuant to Section 3281 resulting from a material violation of subdivision (a), (b), (c), or (d) by that mortgage servicer if the violation was not corrected and remedied prior to the recordation of the trustee’s deed upon sale. If the court finds that the material violation was intentional or reckless, or resulted from willful misconduct by a mortgage servicer, the court may award the successor in interest the greater of treble actual damages or statutory damages of fifty thousand dollars ($50,000). +(4) A court may award a prevailing successor in interest reasonable attorney’s fees and costs in an action brought pursuant to this section. A successor in interest shall be deemed to have prevailed for purposes of this subdivision if the successor in interest obtained injunctive relief or damages pursuant to this section. +(5) A mortgage servicer shall not be liable for any violation that it has corrected and remedied prior to the recordation of the trustee’s deed upon sale or that has been corrected and remedied by third parties working on its behalf prior to the recordation of the trustee’s deed upon sale. +(f) Consistent with their general regulatory authority, and notwithstanding subdivisions (b) and (c) of Section 2924.18, the Department of Business Oversight and the Bureau of Real Estate may adopt regulations applicable to any entity or person under their respective jurisdictions that are necessary to carry out the purposes of this section. +(g) The rights and remedies provided by this section are in addition to and independent of any other rights, remedies, or procedures under any other law. This section shall not be construed to alter, limit, or negate any other rights, remedies, or procedures provided by law. +(h) Except as otherwise provided, this act does not affect the obligations arising from a mortgage or deed of trust. +(i) For purposes of this section, all of the following definitions shall apply: +(1) “Notification of the death of the mortgagor or trustor” means provision to the mortgage servicer of a death certificate or, if a death certificate is not available, of other written evidence of the death of the mortgagor or trustor deemed sufficient by the mortgage servicer. +(2) “Mortgage servicer” shall have the same meaning as provided in Section 2920.5. +(3) “Reasonable documentation” means copies of the following documents, as may be applicable, or, if the relevant documentation listed is not available, other written evidence of the person’s status as successor in interest to the real property that secures the mortgage or deed of trust deemed sufficient by the mortgage servicer: +(A) In the case of a personal representative, letters as defined in Section 52 of the Probate Code. +(B) In the case of devisee or an heir, a copy of the relevant will or trust document. +(C) In the case of a beneficiary of a revocable transfer on death deed, a copy of that deed. +(D) In the case of a surviving joint tenant, an affidavit of death of the joint tenant or a grant deed showing joint tenancy. +(E) In the case of a surviving spouse where the real property was held as community property with right of survivorship, an affidavit of death of the spouse or a deed showing community property with right of survivorship. +(F) In the case of a trustee of a trust, a certification of trust pursuant to Section 18100.5 of the Probate Code. +(G) In the case of a beneficiary of a trust, relevant trust documents related to the beneficiary’s interest. +(4) “Successor in interest” means a natural person who provides the mortgage servicer with notification of the death of the mortgagor or trustor and reasonable documentation showing that the person is the spouse, domestic partner, joint tenant as evidenced by grant deed, parent, grandparent, adult child, adult grandchild, or adult sibling of the deceased borrower, who occupied the property as his or her principal residence within the last six continuous months prior to the deceased borrower’s death and who currently resides in the property. +(j) This section shall apply to first lien mortgages or deeds of trust that are secured by owner-occupied residential real property containing no more than four dwelling units. “Owner-occupied” means that the property was the principal residence of the deceased borrower. +(k) (1) Any mortgage servicer, mortgagee, or beneficiary of the deed of trust, or an authorized agent thereof, who, with respect to the successor in interest or person claiming to be a successor in interest, complies with the relevant provisions regarding successors in interest of Part 1024 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1024), known as Regulation X, and Part 1026 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1026), known as Regulation Z, including any revisions to those regulations, shall be deemed to be in compliance with this section. +(2) The provisions of paragraph (1) shall only become operative on the effective date of any revisions to the relevant provisions regarding successors in interest of Part 1024 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1024), known as Regulation X, and Part 1026 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1026), known as Regulation Z, issued by the federal Consumer Financial Protection Bureau that revise the Final Servicing Rules in 78 Federal Register 10696, of February 14th, 2013. +(l) This section shall not apply to a successor in interest who is engaged in a legal dispute over the property that is security for the borrower’s outstanding mortgage loan and has filed a claim raising this dispute in a legal proceeding. +(m) This section shall not apply to a depository institution chartered under state or federal law, a person licensed pursuant to Division 9 (commencing with Section 22000) or Division 20 (commencing with Section 50000) of the Financial Code, or a person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, that, during its immediately preceding annual reporting period, as established with its primary regulator, foreclosed on 175 or fewer residential real properties, containing no more than four dwelling units, that are located in California. +(n) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 3. +The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law imposes various requirements to be satisfied prior to exercising a power of sale under a mortgage or deed of trust. Existing law gives a borrower, as defined, various rights and remedies against a mortgage servicer, mortgagee, trustee, beneficiary, and authorized agent in regards to foreclosure prevention alternatives, as defined, including loan modifications, which is commonly referred to as being part of the California Homeowner Bill of Rights. Existing law defines a mortgage servicer as a person or entity who directly services a loan, or is responsible for interacting with the borrower, and managing the loan account on a daily basis, as specified. +This bill until January 1, 2020, would prohibit a mortgage servicer, upon notification that a borrower has died, from recording a notice of default until the mortgage servicer does certain things, including requesting reasonable documentation of the death of the borrower from a claimant, who is someone claiming to be a successor in interest, who is not a party to the loan or promissory note and providing a reasonable period of time for the claimant to present the requested documentation. The bill would deem a claimant a successor in interest, as defined, upon receipt by a mortgage servicer of the reasonable documentation regarding the status of the claimant as a successor in interest and the claimant’s ownership interest in the real property. +The bill would require a mortgage servicer, within 10 days of a claimant being deemed a successor in interest, to provide the successor in interest with information about the loan, as specified. The bill would require a mortgage servicer to allow a successor in interest to assume the deceased borrower’s loan or to apply for foreclosure prevention alternatives on an assumable loan, as specified. The bill would authorize a mortgage servicer, when there are multiple successors in interest who do not wish to proceed as coborrowers or coapplicants, to require any nonapplicant successor in interest to consent in writing to the application for a loan assumption. The bill would provide that a successor in interest, as specified, who assumes an assumable loan and wishes to apply for a foreclosure prevention alternative has the same rights and remedies as a borrower under specified provisions of the California Homeowner Bill of Rights. The bill would authorize a successor in interest to bring an action for injunctive relief to enjoin a material violation of specified provisions of law and would authorize a court to award a prevailing successor in interest reasonable attorney’s fees and costs for the action. The bill would define terms for these purposes and make various findings and declarations. The bill would deem a mortgage servicer, mortgagee, or beneficiary of the deed of trust, or an agent thereof, to be in compliance with the above-described provisions if they comply with specified federal laws. The bill would exempt certain depository institutions and persons from these provisions, as specified.","An act to add Section 2920.7 to the Civil Code, relating to mortgages and deeds of trust." +320,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the Patricia Siegel Child Care Resource and Referral Memorial Act of 2016. +SEC. 2. +Section 8210 of the Education Code is amended to read: +8210. +Funds appropriated for the purpose of this article shall be used for child care resource and referral programs that may be operated by public or private nonprofit entities. +SEC. 3. +Section 8211 of the Education Code is amended to read: +8211. +It is the intent of the Legislature to appropriate funding each fiscal year for allocation to child care resource and referral programs. +SEC. 4. +Section 8212 of the Education Code is amended to read: +8212. +(a) Child care resource and referral programs are unique in their provision of services to all parents regardless of income and all types of child care providers. For purposes of this article, child care resource and referral programs, established to serve a defined geographic area, shall provide all of the following services: +(1) Identification of the full range of existing child care services through information provided by all relevant public and private agencies in the areas of service, and the development of a resource file of those services that shall be maintained and updated at least quarterly. These services shall include, but not be limited to, family day care homes, public and private day care programs, full-time and part-time programs, and infant, preschool, and extended care programs. The resource file shall include, but not be limited to, all of the following information: +(A) Type of program. +(B) Hours of service. +(C) Ages of children served. +(D) Fees and eligibility for services. +(E) Significant program information. +(2) (A) (i) Establishment of a referral process that is described in writing and is available to +parents +parents, providers, +and +potential +providers upon request, that responds to parental need for information to make the most informed child care choice for the family. Referrals shall be available to all persons requesting the information regardless of income level or other eligibility requirements. A child care resource and referral program shall limit the distribution of lists of small family day care homes as required pursuant to Section 1596.86 of the Health and Safety Code except when necessary to collaborate with federal, state, and local emergency response organizations for emergency preparedness and response efforts. Referrals shall be provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child day care facilities, and may make referrals to programs that are legally exempt from licensing. The referral process shall afford parents maximum access to all referral information. This access shall include, but is not limited to, telephone referrals to be made available for at least 30 hours per week as part of a full week of contracted operation. Every effort shall be made to make child care referrals accessible to all parents within the defined geographic area by using methods including, but not limited to, any of the following: +(I) Toll-free telephone lines. +(II) Email and other appropriate technology. +(III) Office space convenient to parents and providers. +(IV) Referrals in languages that are spoken in the community. +(ii) Each child care resource and referral program shall publicize its services through all available media sources, agencies, and other appropriate methods. +(B) (i) Provision of information to any person who requests a child care referral of his or her right to view the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the State Department of Social Services Community Care Licensing Division. +(ii) A written or oral advisement in substantially the following form will comply with the requirements of clause (i): + + +“State law requires licensed child day care facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a child care licensee may be available at an office of the State Department of Social Services Community Care Licensing Division. You have the right to access any public information in these files.” + + +(3) (A) Maintenance of ongoing documentation of requests for service tabulated through the internal referral process. The following documentation of requests for service shall be maintained by all child care resource and referral programs: +(i) Number of calls and contacts to the child care resource and referral program or component. +(ii) Ages of children served. +(iii) Time category of child care request for each child. +(iv) Special time category, such as nights, weekends, and swing shift. +(v) Reason that the child care is needed. +(vi) Requests for other child care information. +(vii) Child care supply information, including the number of licensed child care programs, and, if available, the number of license-exempt child care providers. +(B) This information shall be maintained in a manner that is easily accessible for dissemination purposes. +(4) Provision of technical assistance to existing and potential providers of all types of child care services to improve access to, increase the supply of, and improve the quality of child care available in every community in California. This assistance shall include, but not be limited to, all of the following: +(A) Providing information on all aspects of initiating new child care services including, but not limited to, licensing, zoning, program and budget development, and assistance in finding this information from other sources. +(B) Providing information and resources that help existing child care services providers to maximize their ability to serve the children and parents of their community. +(C) Providing training and workshops on health and safety, child development, special needs, and other topics related to professional development. +(D) Disseminating information on current public issues affecting the local and state delivery of child care services. +(E) Facilitating communication between existing child care and child-related services providers in the community served. +(F) Providing information about community resources, child care statistics, and opening a child care business to parents, child care providers, community organizations, and government entities. +(G) Collaborating with community partners to increase awareness of child care issues. +(H) Assisting community and public agencies in planning, coordinating, and improving child care in the defined geographic area. +(I) Partnering with local county welfare agencies in meeting the child care needs of CalWORKs families. +(J) Facilitating efforts to expand child care services in the local community based on demonstrated demand for services. +(b) Services prescribed by this section shall be provided in order to maximize parental choice in the selection of child care to facilitate the maintenance and development of child care services and resources. +(c) (1) A program operating pursuant to this article shall, within two business days of receiving notice from the State Department of Social Services Community Care Licensing Division, remove a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation from the program’s referral list. +(2) A program operating pursuant to this article shall, within two business days of receiving notice, notify all entities, operating a program under Article 3 (commencing with Section 8220) and Article 15.5 (commencing with Section 8350) in the program’s jurisdiction, of a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation. +SEC. 5. +Section 8212.3 of the Education Code is repealed. +SEC. 6. +Section 8212.5 is added to the Education Code, to read: +8212.5. +A child care resource and referral program shall develop and implement written complaint procedures that include all of the following: +(a) Procedures for documenting and resolving complaints. +(b) Procedures for referring reports of licensing violations to appropriate agencies. +(c) Procedures for removing and reinstating a child care provider from referral files. +SEC. 7. +Section 8214 of the Education Code is amended to read: +8214. +Basic child care referrals shall be provided at no cost to all persons requesting services, regardless of income level or other eligibility criteria. A basic child care referral shall include the names and telephone numbers of child care providers that meet the requested need of the parent or guardian seeking referrals in addition to the information and services described in Section 8216. A fee may be charged for an enhanced referral that includes information in addition to basic child care referral information. In addition to the services prescribed by this section, a child care resource and referral program may provide a wide variety of other parent and provider support and educational services. Services, including training, technical assistance, and other appropriate support that improves the quality of child care available in the community, may be provided for all types of child care providers, depending on the available funding for the services. +SEC. 8. +Section 8215 of the Education Code is amended to read: +8215. +(a) There are hereby established two projects, known as the California Child Care Initiative +Project - +Project — +State Program and the California Child Care Initiative +Project - +Project — +Quality Plan Program, respectively. +It is the intent of the Legislature to promote and foster the California Child Care Initiative Project - State Program in cooperation with private corporations and local governments. +The objective of both projects is to increase the availability of quality child care in the state. +(b) For purposes of this section, +the +California Child Care Initiative +Project +Projects +means +a project +projects +to clarify the role and functions of resource and referral programs in activities, including needs assessment, recruitment and screening of providers, technical assistance, and staff development and training, in order to aid communities to increase the number of child care spaces available and improve the quality of child care services offered. +(c) +It is the intent of the Legislature to promote and foster the California Child Care Initiative Project — State Program in cooperation with private corporations and local governments. +The Superintendent shall allocate all state funds appropriated for the California Child Care Initiative +Project - +Project +— +State Program and shall ensure that each dollar of state funds allocated pursuant to this subdivision is matched by two dollars ($2) statewide from other sources, including private corporations, the federal government, or local governments. +SEC. 9. +Section 8215.5 is added to the Education Code, to read: +8215.5. +Child care resource and referral programs shall provide a range of professional development services to all types of child care providers, including, but not limited to, license-exempt child care providers, licensed family day care homes, and center-based child care and development programs, to support the development of new child care services and to improve the quality of services available in the state. +SEC. 10. +Section 8216 of the Education Code is amended to read: +8216. +(a) A child care resource and referral program shall maximize parental choice and supports for parents in locating child care resources in their community by doing all of the following: +(1) Provide information regarding how to select child care services that meet the needs of the parent and child. +(2) Provide a range of possible child care alternatives from which a parent may choose. +(3) Provide information on licensing requirements and procedures. +(4) Provide information on available child care subsidies and eligibility requirements. +(b) When making referrals, an agency operating both a direct service program and a resource and referral program shall provide at least four referrals, at least one of which shall be a provider over which the agency has no fiscal or operational control. If there are fewer than four providers that meet the request of the parent, a resource and referral program shall provide all of the referrals that meet the parent’s request. +SEC. 11. +Section 8218 is added to the Education Code, to read: +8218. +(a) A child care resource and referral program shall implement the trustline registry program for license-exempt child care providers pursuant to Section 1596.655 of the Health and Safety Code. +(b) In addition to the responsibilities specified in Section 1596.655 of the Health and Safety Code, a child care resource and referral program shall do both of the following: +(1) Review trustline applications for completeness and forward the necessary application information to the State Department of Social Services for in-home or license-exempt, home-based child care providers who are being paid through state- or federally funded child care subsidies. +(2) Cooperate with the California Child Care Resource and Referral Network to facilitate the use of the trustline Web-based application process.","(1) The Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs. Existing law authorizes funds appropriated for purposes of the act to be used for child care resource and referral programs, which may be operated by public or private nonprofit entities and are required to provide certain information and services to parents and child care providers relating to child care services in a defined geographic area. +This bill, which would be known as the Patricia Siegel Child Care Resource and Referral Memorial Act of 2016, would require a child care resource and referral program to provide specified additional services, including providing training and workshops relating to child care services, providing community resource assistance, and collaborating with and assisting other community agencies in planning, coordinating, and improving child care. The bill would delete provisions authorizing a resource and referral program to provide short-term respite care, as defined. The bill would require a resource and referral program to implement written complaint procedures. The bill would require a resource and referral program to provide basic child care referrals, as defined, at no cost. The bill would require a resource and referral program to include additional information in the documentation a resource and referral program is required to maintain. +(2) Existing law requires the State Department of Social Services to prevent the use of lists containing names, addresses, and other identifying information of facilities identified as small family day care homes, with certain exceptions. +This bill, in addition, would require a child care resource and referral program to limit the distribution of lists of small family day care homes except when necessary to collaborate with federal, state, and local emergency response organizations for emergency preparedness and response efforts. +(3) Existing law establishes the California Child Care Initiative Project for certain purposes, including increasing the availability of qualified child care programs in the state. +This bill would instead establish 2 projects, to be known as the California Child Care Initiative +Project - +Project +— +State Program and the California Child Care Initiative +Project - +Project — +Quality Plan Program, respectively. +(4) Existing law requires the State Department of Social Services to establish a trustline registry for purposes of conducting background checks for specified child care service providers and imposes certain responsibilities on child care resource and referral programs in the administration of the trustline registry. +This bill would impose additional requirements on resource and referral programs relating to the trustline registry, including reviewing trustline applications for in-home or license-exempt, home-based child care providers who are being paid through state- or federally funded child care subsidies and facilitating the trustline Web-based application process. +(5) This bill would make other conforming changes and nonsubstantive changes.","An act to amend Sections 8210, 8211, 8212, 8214, 8215, and 8216 of, to add Sections 8212.5, 8215.5, and 8218 to, and to repeal Section 8212.3 of, the Education Code, relating to child care and development services." +321,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) In 2011, the State of California passed historic legislation to reduce recidivism in the state prison system by supervising people with low-level convictions at the local level, closer to their communities. To support realignment efforts, the state has provided approximately $2.5 billion in funding for local jail construction projects, including: +(1) One billion two hundred million dollars ($1,200,000,000) in funding for local jail construction projects authorized by Chapter 7 of the Statutes of 2007. In two phases of the program, 21 counties received awards. When all construction is completed, over 9,000 jail beds will have been added. +(2) Five hundred million dollars ($500,000,000) in funding for local jails authorized by Chapter 42 of the Statutes of 2012. The Board of State and Community Corrections (BSCC) awarded 14 counties funding. The program specified that counties seeking to replace or upgrade outdated facilities and provide alternatives to incarceration, including mental health and substance use disorder treatment, would be considered. +(3) An additional $500 million for local jails authorized by Chapter 37 of the Statutes of 2014. The BSCC awarded 15 counties funding. This funding was primarily available for improving existing capacity and treatment and programming space. +(4) An additional $250 million for local jails and an additional $20 million specifically for Napa County authorized by Chapter 34 of the Statutes of 2016. The funding was limited to those counties that had not been fully funded through previous grants. In addition, a facility constructed or renovated with program funding is required to include space for in-person visitation and a county applying for financing is required to submit a description of efforts to address sexual abuse in its jails. +(b) While a number of the counties that were awarded funding under the programs described in paragraphs (1), (2), and (3) of subdivision (a) are offering in-person visitation, there are several that have banned, or are considering banning, in-person visitation and instead offering only video visitation. +(c) Experts have found “that prison visitation can significantly improve the transition incarcerated people make from the institution to the community.” Just one visit “reduced the risk of recidivism by 13 percent for felony reconvictions and 25 percent for technical violation revocations.” “[M]ore frequent and recent visits were associated with a decreased risk of recidivism,” and “the more sources of social support an incarcerated person has, the lower the risk of recidivism.” +(d) Experts have additionally found that video “[v]isiting cannot replicate seeing someone in-person, and it is critical for a young child to visit his or her incarcerated parent in person to establish a secure attachment.” +(e) For purposes of updating and promulgating regulations, the BSCC utilizes the 2015 Adult Titles 15 and 24 Regulation Revision Executive Steering Committee (ESC). The ESC, which is responsible for regulations relating to visitation, requested that one of its working groups discuss the current visitation regulations as they relate to video visitation. Despite expert findings, the BSCC working group on visitation, which was comprised of only law enforcement representatives, stated, in part: “The workgroup engaged in a lengthy discussion regarding video visitation versus in-person visits. Several members of the group reported that their county is planning or building new facilities with space for video visiting only (no space for in-person visits).” +(f) Chapter 15 of the Statutes of 2011, the public safety realignment legislation, included the following legislative findings: “Realigning low-level felony offenders who do not have prior convictions for serious, violent, or sex offenses to locally run, community-based corrections programs which are strengthened through community-based punishment, evidence-based practices, improved supervision strategies, and enhanced secured capacity, will improve public safety outcomes among adult felons and facilitate their reintegration back into society.” +(g) Due to the enactment of realignment legislation, more people are serving lengthy jail sentences for felony convictions, often years and, in some cases, decades. +(h) California’s criminal justice realignment will be strengthened by ensuring that incarcerated people at the local level have contact with, and build meaningful connections with, friends and family in their communities. With these connections, incarcerated people will be better prepared to successfully reintegrate into and contribute to society. +SEC. 2. +Section 4032 is added to the Penal Code, to read: +4032. +(a) A local detention facility that elects to utilize video or other types of electronic devices for inmate visitations shall also provide inmates with in-person visitation that meets or surpasses the minimum number of weekly visits required by regulations of the Board of State and Community Corrections for persons detained in the facility. For purposes of this section, “local detention facility” has the same meaning as defined in Section 6031.4. +(b) Notwithstanding subdivision (a), a local detention facility that elects to utilize video or other types of electronic devices for inmate visitations and does not have existing space available for in-person visitation shall provide visitation in accordance with subdivision (a) no later than January 1, 2022.","Existing law provides that a county jail is kept by the sheriff of the county in which the jail is situated and is to be used for specified purposes, including for the confinement of persons sentenced to imprisonment in a county jail upon a criminal conviction. Existing regulations of the Board of State and Community Corrections specify the number of visits that inmates held in certain types of correctional facilities are required to be provided. +This bill would require a local detention facility, as defined, that elects to utilize video or other types of electronic devices for inmate visitations to also provide an inmate with in-person visitation that meets or surpasses the minimum number of weekly visits required by those regulations for a person detained in the facility. If a local detention facility does not have existing space available for in-person visitation, the bill would require the facility to comply no later than January 1, 2022.","An act to add Section 4032 to the Penal Code, relating to incarcerated persons." +322,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) It is the intent of the Legislature in enacting this act that cost, quality, and equity data be made available and to encourage health care service plans, health insurers, and providers to develop innovative approaches, services, and programs that may have the potential to deliver health care that is both cost effective and responsive to the needs of all enrollees, including recognizing the diversity of California and the impact of social determinants of health. +(b) It is further the intent of the Legislature that a cost, quality, and equity data atlas be utilized in California to inform efforts to: +(1) Assess California health care needs and available resources. +(2) Contain the cost of health care services and coverage. +(3) Improve the quality and medical appropriateness of health care. +(4) Eliminate or reduce health disparities and address the social determinants of health. +(5) Increase the transparency of health care costs and the relative efficiency with which care is delivered. +(6) Promote the use of disease management, wellness, prevention, and other innovative programs to keep people healthy, reduce disparities and costs, increase competition, and improve health outcomes for all populations. +(7) Assess the value and encourage the efficient utilization of prescription drugs and technology. +(8) Reduce unnecessary, inappropriate, and wasteful health care. +(9) Educate consumers in the use of health care information. +SEC. 2. +The heading of Chapter 8 (formerly commencing with Section 127670) of Part 2 of Division 107 of the Health and Safety Code, as amended by Section 230 of Chapter 183 of the Statutes of 2004, is repealed. +SEC. 3. +Chapter 8 (commencing with Section 127670) is added to Part 2 of Division 107 of the Health and Safety Code, to read: +CHAPTER 8. California Health Care Cost, Quality, and Equity Data Atlas +127670. +(a) The California Health and Human Services Agency shall research the options for developing a cost, quality, and equity data atlas that is consistent with paragraph (9) of subdivision (b) of Section 56.10 of the Civil Code. This research shall include all of the following: +(1) Identification of key data submitters, including health care service plans, specialized health care service plans, insurers licensed to provide health insurance, as defined in Section 106 of the Insurance Code, suppliers, as defined in paragraph (3) of subdivision (b) of Section 1367.50, providers, as defined in paragraph (2) of subdivision (b) of Section 1367.50, self-insured employers, multiemployer self-insured plans that are responsible for paying for health care services provided to beneficiaries, and trust administrators for multiemployer self-insured plans. +(2) A comparative analysis of potential models used in other states and an assessment of the extent to which information in addition to the following should be included in the cost, quality, and equity data atlas: +(A) Data from the health care service plans’ and insurers’ medical, dental, and pharmacy claims or, in the case of entities that do not use claims data, including, but not limited to, integrated delivery systems, encounter data consistent with the core set of data elements for data submission proposed by the All-Payer Claims Database Council, the University of New Hampshire, and the National Association of Health Data Organizations. +(B) Pricing information for health care items, services, and medical and surgical episodes of care gathered from allowed charges for covered health care items and services or, in the case of entities that do not use or produce individual claims, price information that is the best possible proxy to pricing information for health care items, services, and medical and surgical episodes of care available in lieu of actual cost data to allow for meaningful comparisons of provider prices and treatment costs. +(C) Information sufficient to determine the impacts of social determinants of health, including age, gender, race, ethnicity, limited English proficiency, sexual orientation and gender identity, ZIP Code, and any other factors for which there is peer-reviewed evidence. +(D) Clinical data from health care service plans, integrated delivery systems, hospitals, and clinics, or any combination thereof, that is not included in the core set of data elements for data submission proposed by the All-Payer Claims Database Council and the National Association of Health Data Organizations. +(3) An assessment of types of governance structures that incorporate representatives of health care stakeholders and experts, including, but not limited to, representatives of data submitters and representatives of purchasers, such as businesses, organized labor, and consumers. +(4) Recommendations on potential funding approaches to support the activities of the cost, quality, and equity data atlas that recognize federal and state confidentiality of medical information laws. +(5) An assessment on the extent to which the cost, quality, and equity data atlas could be developed in conjunction with existing public or private activities, including an assessment of the tradeoffs associated with housing the atlas inside or outside of state government. +(6) Consultation with a broad spectrum of health care stakeholders and experts, including, but not limited to, representatives of purchasers, such as organized labor, consumers, and businesses. +(b) The agency may enter into contracts or agreements to conduct the research described in subdivision (a). +(c) (1) The agency shall make the results of the research described in subdivision (a) available to the public no later than March 1, 2017, by submitting a report to the Assembly and Senate Committees on Health. +(2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on January 1, 2021. +(d) The agency may use federal funds for the purpose of this section.","Existing law establishes health care coverage programs to provide health care to segments of the population meeting specified criteria who are otherwise unable to afford health care coverage and provides for the licensure and regulation of health insurers and health care service plans. +This bill would require the California Health and Human Services Agency to research the options for developing a cost, quality, and equity data atlas. The bill would require the research to include certain topics, including, among others, identification of key data submitters and a comparative analysis of potential models used in other states. The bill would authorize the agency to enter into contracts or agreements to conduct the research and would require the agency to make the results of the research available to the public no later than March 1, 2017, by submitting a report to the Assembly and Senate Committees on Health.","An act to add Chapter 8 (commencing with Section 127670) to Part 2 of Division 107 of, and to repeal the heading of Chapter 8 (formerly commencing with Section 127670) of Part 2 of Division 107 of, the Health and Safety Code, relating to health care." +323,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the Healthy Food, Healthy Student Act. +SEC. 2. +Section 49430 of the Education Code is amended to read: +49430. +As used in this article, the following terms have the following meanings: +(a) “Added sweetener” means an additive other than 100 percent fruit juice that enhances the sweetness of a beverage. +(b) “Combination foods” means products that contain two or more components representing two or more of the recommended food groups: fruit, vegetable, dairy, protein, or grains. +(c) “Competitive foods” means all food and beverages other than meals reimbursed under programs authorized by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771 et seq.) available for sale to pupils on the school campus during the schoolday. +(d) “Deep fried” means a food item that is cooked by total submersion in oil or fat. +(e) “Elementary school” means a school operated and maintained by a school district or county office of education that maintains any grade from kindergarten to grade 6, inclusive, but no grade higher than grade 6. +(f) “Entrée” means a food that is generally regarded as being the primary food in a meal, and shall include, but not be limited to, sandwiches, burritos, pasta, and pizza. +(g) “Flash fried” means a food item that is quickly fried on both sides in oil with a temperature of 400 degrees Fahrenheit or higher. +(h) “High school” means a school operated and maintained by a school district or county office of education maintaining any of grades 9 to 12, inclusive. +(i) “Middle school” means a school operated and maintained by a school district or county office of education that maintains grade 7 or 8, grades 7 to 9, inclusive, or grades 7 to 10, inclusive. +(j) “Par fried” means a food item that is fried to reach an internal temperature of 160 degrees Fahrenheit then it is cooled to room temperature so that it may be refrigerated or frozen for future frying. +(k) “School campus” means all areas of the property under the jurisdiction of the school that are accessible to pupils during the schoolday. +(l) “Schoolday” means the period from the midnight before to 30 minutes after the end of the official schoolday. +(m) “Snack” means a food that is generally regarded as supplementing a meal, including, but not limited to, chips, crackers, yogurt, cheese, nuts, seeds, fruit, or vegetables. +(n) “Sold” means the exchange of food or beverages for money, coupons, vouchers, or order forms when any part of the exchange occurs on a school campus. +SEC. 3. +Section 49430.5 of the Education Code is amended to read: +49430.5. +(a) The reimbursement a school receives for free and reduced-price meals sold or served to pupils in elementary, middle, or high schools included within a school district, charter school, or county office of education shall be twenty-two and seventy-one hundredths cents ($0.2271) per meal, and, for meals served in child care centers and homes, the reimbursement shall be sixteen and ninety-one hundredths cents ($0.1691) per meal. +(b) To qualify for the reimbursement for free and reduced-price meals provided to pupils in elementary, middle, or high schools, a school shall follow the United States Department of Agriculture meal pattern. +(c) The reimbursement rates set forth in this section shall be adjusted annually for increases in cost of living in the same manner set forth in Section 42238.1. +SEC. 4. +Section 49430.7 of the Education Code is amended to read: +49430.7. +(a) For purposes of this section, the following terms have the following meanings: +(1) “Child development program” means a program operated pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1. +(2) “School” means a school operated and maintained by a school district or county office of education, or a charter school. +(3) “School district” means a school district, charter school, or county office of education. +(b) As a condition of receipt of funds pursuant to Section 49430.5, commencing with the 2007–08 fiscal year, for meals and food items sold as part of the free and reduced-price meal programs, a school or school district shall comply with all of the following requirements and prohibitions: +(1) Follow the United States Department of Agriculture meal pattern. +(2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school or school district. +(3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving. +(4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat that is prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this paragraph include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit. +(c) For meals and food items sold as part of the free and reduced-price meal programs, a child development program is encouraged to comply with all of the following guidelines: +(1) Meet developmentally and programmatically appropriate meal pattern and the United States Department of Agriculture meal pattern. +(2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school, school district, or child development program. +(3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving. +(4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this provision include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit. +(d) As a condition of receipt of funds pursuant to Section 49430.5, schools and school districts shall provide the department with an annual certification of compliance with the provisions of this section. +(e) This section shall become operative only upon an appropriation for its purposes in the annual Budget Act or another statute. +SEC. 5. +Section 49431 of the Education Code is amended to read: +49431. +(a) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary school, the only competitive foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meets the following standards: +(1) Not more than 35 percent of its total calories shall be from fat. This paragraph shall not apply to individually sold portions of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination. +(2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination. +(3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. This paragraph shall not apply to fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination. +(4) Contains less than 0.5 grams of trans fat per serving. +(5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil. +(6) Contains not more than 200 calories per individual food item. +(b) An elementary school may permit the sale of food items that do not comply with subdivision (a) as part of a school fundraising event in either of the following circumstances: +(1) The sale of those items takes place off of and away from school premises. +(2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. +(c) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section and Section 49431.5. +SEC. 6. +Section 49431.2 of the Education Code is amended to read: +49431.2. +(a) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, the only competitive snack foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meet all of the following standards: +(1) Not more than 35 percent of its total calories shall be from fat. This paragraph does not apply to the sale of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination. +(2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination. +(3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugars. This paragraph shall not apply to the sale of fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination. +(4) Contains less than 0.5 grams of trans fat per serving. +(5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil. +(6) Contains not more than 200 calories per individual food item. +(b) (1) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu shall meet the following standards: +(A) Contains not more than 400 calories per entrée item. +(B) Not more than 35 percent of its total calories shall be from fat. +(C) Contains less than 0.5 grams trans fat per serving. +(D) Is offered in the same or smaller portion sizes as in the federal National School Lunch Program or federal School Breakfast Program. +(2) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department but not the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu, or a competitive entrée sold by any other entity, shall meet the following standards: +(A) Not more than 35 percent of its total calories shall be from fat. +(B) Less than 10 percent of its calories shall be from saturated fat. +(C) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. +(D) Contains less than 0.5 grams of trans fat per serving. +(E) Contains not more than 480 milligrams of sodium. +(F) Contains not more than 350 calories. +(c) A middle school or high school may permit the sale of food items that do not comply with subdivision (a) or (b) in any of the following circumstances: +(1) The sale of those items takes place off of and away from school premises. +(2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. +(d) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section. +SEC. 7. +Section 49431.5 of the Education Code is amended to read: +49431.5. +(a) (1) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary or middle school, the only competitive beverages that may be sold to a pupil are the following: +(A) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. +(B) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. +(C) Plain water or plain carbonated water. +(D) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, and other similar nondairy milk in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. +(E) A beverage shall not contain caffeine with the exception of trace amounts of naturally occurring caffeine substances. +(2) An elementary school or middle school may permit the sale of beverages that do not comply with paragraph (1) as part of a school fundraising event in either of the following circumstances: +(A) The sale of those items takes place off and away from the premises of the school. +(B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. +(3) From the midnight before to 30 minutes after the end of the official schoolday, at each high school, the only competitive beverages that may be sold to a pupil are the following: +(A) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 12 fluid ounces. +(B) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 12 fluid ounces. +(C) Plain water or plain carbonated water. +(D) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, and other similar nondairy milk in a maximum serving size of 12 fluid ounces. +(E) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces. +(F) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces. +(G) Electrolyte replacement beverages that are labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces. +(H) Electrolyte replacement beverages that are labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces. +(I) Beverages labeled or commonly referred to as sodas, colas, or soft drinks are not allowed. +(J) A beverage shall not contain caffeine with the exception of trace amounts of naturally occurring caffeine substances. +(4) A high school may permit the sale of beverages that do not comply with paragraph (3) as part of a school event if the sale of those items meets either of the following criteria: +(A) The sale of those items takes place off and away from the premises of the school. +(B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. +(b) It is the intent of the Legislature that the governing board of a school district annually review its compliance with this section. +(c) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this section may not be waived. +SEC. 8. +Section 49431.7 of the Education Code is amended to read: +49431.7. +(a) From the midnight before to 30 minutes after the end of the official schoolday, a school or school district shall not sell to pupils enrolled in kindergarten, or any of grades 1 to 12, inclusive, food containing artificial trans fat, as defined in subdivision (b). +(b) For purposes of this section, a food contains artificial trans fat if a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams of trans fat per serving. +(c) This section shall not apply to food provided as part of a United States Department of Agriculture meal program. +SEC. 9. +Section 49432 of the Education Code is amended to read: +49432. +Every public school may post a summary of nutrition and physical activity laws and regulations, and shall inform the public about the content of the school’s local school wellness policy, established pursuant to the federal Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296). The department shall develop the summary of state law and regulations. +SEC. 10. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act implements a federal law or regulation and results in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing federal law establishes nutritional standards for all food and beverages other than meals reimbursed under programs authorized by the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 available for sale to pupils on the school campus during the schoolday. +Existing state law establishes nutritional standards for all food and beverages sold or served to pupils in elementary, middle, and high school. +This bill would enact the Healthy Food, Healthy Student Act to update state law regarding school nutritional standards to conform to the federal standards. To the extent these changes would impose new duties on school districts and county offices of education, the bill would impose a state-mandated local program. +(2) Existing law requires every public school to post the school district’s nutrition and physical activity policies in public view within all school cafeterias or other central eating areas. +This bill would, instead, require every public school to inform the public about the content of the school’s local school wellness policy, thereby imposing a state-mandated local program. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to amend Sections 49430, 49430.5, 49430.7, 49431, 49431.2, 49431.5, 49431.7, and 49432 of the Education Code, relating to pupil nutrition." +324,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 211 of the Statutes of 1919, as amended by Chapter 1223 of the Statutes of 1977, is repealed. +SEC. 2. +(a) For the purposes of this act, the following definitions shall apply: +(1) “Act” means Sections 2 to 10, inclusive, of the act enacting this section. +(2) “Commission” means the State Lands Commission. +(3) “Public trust doctrine” means the common law doctrine, as enunciated by the court in Marks v. Whitney (1971) 6 Cal.3d 251 and National Audubon Society v. Superior Court (1983) 33 Cal.3d 419 and other relevant judicial decisions, specifying the state’s authority as sovereign to exercise a continuous supervision and control over the navigable waters of the state, the lands underlying those waters, and nonnavigable tributaries to navigable waters, including the protection of maritime or water dependent commerce, navigation, and fisheries, and the preservation of lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation. +(4) “State” means the State of California. +(5) “Trustee” means the City of Albany, a municipal corporation. +(6) “Trust lands” means Parcel 1, Parcel 2, and Parcel 3, as described in Section 10 of this act, situated in the County of Alameda. +(7) “Trust revenues” means all revenues received from trust lands and trust assets. +(8) “Trust lands use plan” or “plan” means the trust lands use plan required to be submitted by the trustee to the commission pursuant to Section 4 of this act. +(9) “Trust lands use report” means the report of the trustee’s utilization of the trust lands required to be submitted by the trustee pursuant to Section 5 of this act. +(b) There is hereby granted in trust to the City of Albany, and to its successors, all of the rights, title, and interest of the state, held by the state by virtue of its sovereignty, in and to three parcels of land situated in the County of Alameda as described in Section 10 of this act. +(c) The Legislature finds and declares that the City of Albany intends that the lands granted in subdivision (b) shall be included as part of McLaughlin Eastshore State Park. +SEC. 3. +The trust grant specified in subdivision (b) of Section 2 of this act is subject to all of the following express conditions: +(a) The trust lands shall be held by the trustee in trust for the benefit of all the people of the state for purposes consistent with the public trust doctrine, including, but not limited to, maritime or water-dependent commerce, navigation, and fisheries, and preservation of the lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation. +(b) On and after January 1, 2022, the use of the trust lands shall conform to an approved trust lands use plan, as required by Section 4 of this act. +(c) The trustee shall not, at any time, grant, convey, give, or otherwise alienate or hypothecate the trust lands, or any part of the trust lands, to any person, firm, entity, or corporation for any purposes whatsoever. +(d) The trustee may lease the trust lands, or any part of the trust lands, for limited periods, not exceeding 49 years, for purposes consistent with the trust upon which those lands are held, as specified in subdivision (a). The trustee may collect and retain rents and other trust revenues from those leases, under rules and regulations adopted in accordance with subdivision (d) of Section 4 of this act, and in accordance with all of the following requirements: +(1) On and after January 1, 2022, all leases or agreements proposed or entered into by the trustee shall be consistent with the trust lands use plan approved by the commission, as required by Section 4 of this act. Any leases entered into prior to January 1, 2022, shall be consistent with the public trust doctrine and the terms of subdivision (a). +(2) The lease rental rates shall be for a fair annual rent. +(3) The lease shall be in the best interest of the state. +(e) When managing, conducting, operating, or controlling the trust lands or an improvement, betterment, or structure on the trust lands, the trustee or his or her successor shall not discriminate in rates, tolls, or charges for any use or service in connection with those actions and shall not discriminate against or unlawfully segregate any person or group of persons because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, in accordance with Article 1 (commencing with Section 12940) of Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government Code and other state antidiscrimination laws, for any use or service in connection with those actions. +(f) The state shall have the right to use, without charge, a transportation, landing, or storage improvement, betterment, or structure constructed upon the trust lands for a vessel or other watercraft or railroad owned or operated by, or under contract to, the state. +(g) The trust lands are subject to the express reservation and condition that the state may, at any time in the future, use those lands or any portion of those lands for highway purposes without compensation to the trustee or a person, firm, or public or private corporation claiming a right to those lands, except, if improvements have been placed with legal authority upon the property taken by the state for highway purposes, compensation shall be made to the person entitled to the value of the interest in the improvements taken or the damages to that interest. +(h) There is reserved to the people of the state the right to fish in the waters over the trust lands, with the right of convenient access to those waters over the trust lands for this purpose. +(i) There is excepted and reserved to the state all remains or artifacts of archaeological or historical significance and all deposits of minerals in the trust lands, including, but not limited to, all substances specified in Section 6407 of the Public Resources Code, and the right to prospect for, mine, and remove those deposits from the lands. +(j) Prior to entering into a lease, franchise, or agreement concerning the trust lands, the governing body of the trustee shall first adopt a resolution declaring its intention to take that action. The resolution shall describe the lands or improvements that are the subject of the lease, franchise, or agreement in such a manner as to identify them accurately and shall specify the minimum rental or other consideration and the other terms and conditions of the lease, franchise, or agreement. The resolution shall be submitted to the commission prior to entering into a lease, franchise, or agreement. +(k) The trustee shall reimburse the commission for all expenses incurred in the administration of this act, including periodic audits or investigations. +SEC. 4. +(a) On or before January 1, 2022, the trustee shall submit to the commission a trust lands use plan describing any proposed development, preservation, or other use of the trust lands. The trustee shall thereafter submit to the commission for approval all changes or amendments to, or extensions of, the trust lands use plan. The trustee may apply to the commission for, and the commission may approve, reasonable extensions of time to meet this deadline. +(b) The commission shall review with reasonable promptness the trust lands use plan submitted by the trustee and any changes or amendments to determine whether they are consistent with the public trust doctrine and the requirements of this act. Based upon its review, the commission shall either approve or disapprove the plan. If the commission disapproves the plan, the commission shall notify the trustee and the trustee shall submit a revised plan to the commission no later than 180 days after the date of notice of disapproval. If the commission determines the revised plan is inconsistent with the public trust doctrine or the requirements of this act, all rights, title, and interest of the trustee in and to the trust lands and improvements on the trust lands shall revert to the state. +(c) The trust lands use plan shall consist of a plan, program, or other document that includes all of the following: +(1) A general description of the type of uses planned or proposed for the trust lands. The location of these land uses shall be shown on a map or aerial photograph. +(2) The projected statewide benefit to be derived from the planned or proposed uses of the trust lands, including, but not limited to, financial benefit. +(3) The proposed method of financing the planned or proposed uses of the trust lands, including estimated capital costs, annual operating costs, and anticipated annual trust revenues. +(4) An estimated timetable for the implementation of the trust lands use plan or each phase of the plan. +(5) A description of how the trustee proposes to protect and preserve natural and manmade resources and facilities located on trust lands and operated in connection with the use of the trust lands, including, but not limited to, addressing impacts from sea level rise. +(d) The governing body of the trustee shall also submit to the commission, as part of the trust lands use plan, for its approval procedures, rules, and regulations to govern the use of or development of the trust lands. These rules and regulations shall include, but are not limited to, lease rates, the basis upon which the rates are established, lease terms and conditions, provisions for renegotiation of rates and terms and assignments, and any other information as may be required by the commission. +(e) Upon request, the trustee shall submit to the commission a copy of all leases and agreements entered into, renewed, or renegotiated. +SEC. 5. +(a) On or before September 30, 2022, and on or before September 30 of every succeeding fifth year, the trustee shall submit a report of its utilization of the trust lands for each immediately preceding five-calendar-year period ending with June 30 of the calendar year in which the report is required to be submitted. +(b) The report required by this section shall include all of the following: +(1) A general description of the uses to which the trust lands have been placed during the period covered by the report. +(2) A list of the holders of leases or permits that have been granted or issued by the trustee. The list shall specify all of the following, as to each holder: +(A) The use to which the trust lands have been placed by the owner or holder. +(B) The consideration provided for in each lease or permit and the consideration actually received by the trustee for the lease or permit granted or issued. +(C) An enumeration of the restrictions that the trustee has placed on the use of the trust lands, and each area of the trust lands, for the period covered by the report. +(c) A report shall not be required if the utilization of the trust lands within the immediately preceding five-calendar-year period is identical to the utilization of the trust lands as stated in a previously submitted report. If a new report is not submitted, the trustee shall submit a letter to the commission stating that its utilization of the trust lands has not changed during the immediately preceding five-calendar-year period. The letter required in this section shall also include the name and date of the utilization report that contains the applicable uses of the trust lands. +SEC. 6. +(a) The trustee shall demonstrate good faith in carrying out the provisions of its trust lands use plan and amending it when necessary in accordance with subdivision (a) of Section 4 of this act. +(b) If the commission determines that the trustee has substantially failed to improve, restore, preserve, or maintain the trust lands, as required by the trust lands use plan, or has unreasonably delayed implementation of the trust lands use plan, all rights, title, and interest of the trustee in and to the trust lands and improvements on the trust lands shall revert to the state. +SEC. 7. +(a) (1) The trustee shall establish and maintain accounting procedures, in accordance with generally accepted accounting principles, providing accurate records of all revenues received from the trust lands and trust assets and of all expenditures of those revenues. +(2) All trust revenues received from trust lands and trust assets shall be expended only for those uses and purposes consistent with this act. The trustee shall provide for the segregation of the revenues derived from the use of the trust lands by the trustee from other city municipal funds, so as to ensure that trust revenues are only expended to enhance or maintain the trust lands in accordance with the uses and purposes for which the trust lands are held. +(3) Trust revenues may be expended to acquire appropriate upland properties to benefit and enhance the trust, subject to a determination by the commission that this acquisition is consistent with this act and in the best interests of the state. Property acquired with these trust revenues shall be considered an asset of the trust and subject to the terms and conditions of this act. +(b) The trustee shall comply with Section 6306 of the Public Resources Code. +(c) (1) Before expending trust revenues for any single capital improvement on the trust lands involving an amount in excess of two hundred fifty thousand dollars ($250,000) in the aggregate, the trustee shall file with the commission a detailed description of the capital improvement not less than 120 days prior to the time of any disbursement of trust revenues for, or in connection with, that capital improvement. +(2) Within 120 days after the time of a filing specified in paragraph (1), the commission shall determine whether the capital improvement is in the statewide interest and benefit and, if the filing is made on or before December 1, 2021, whether it is consistent with subdivision (a) of Section 3 of this act or, if the filing is made on or after January 1, 2022, whether it is consistent with the trust lands use plan. The commission may request the opinion of the Attorney General on the matter, and if the commission makes this request, the Attorney General shall deliver a copy of the opinion to the trustee with the notice of its determination. +(3) If the commission notifies the trustee that the capital improvement is not authorized, the trustee shall not disburse any trust revenues for, or in connection with, the capital improvement, unless it is determined to be authorized by a final order or judgment of a court of competent jurisdiction. +(4) The trustee may bring suit against the state to secure an order or judgment for purposes of paragraph (3). The suit shall have priority over all other civil matters. Service shall be made upon the executive officer of the commission and the Attorney General, and the Attorney General shall defend the state in that suit. If judgment is given against the state in the suit, no costs may be recovered. +(d) On June 30, 2021, and at the end of every fiscal year thereafter, 20 percent of all gross revenue generated from the trust lands shall be transmitted to the commission. Of this amount transmitted, the commission shall allocate 80 percent to the Treasurer for deposit in the General Fund and 20 percent to the Treasurer for deposit in the Land Bank Fund, created pursuant to Section 8610 of the Public Resources Code, for expenditure pursuant to the Kapiloff Land Bank Act (Division 7 (commencing with Section 8600) of the Public Resources Code) for management of the commission’s granted lands program. +(e) The commission may, from time to time, institute a formal inquiry to determine that the terms and conditions of this act, and amendments to this act, have been complied with and that all other applicable provisions of law concerning the trust lands are being complied with in good faith. +(f) The commission shall approve in advance of expenditure any reimbursement for expenditures of nontrust revenues for improvements made to the trust or, if not approved, those expenditures shall be deemed a gift to the trust. +SEC. 8. +(a) If the commission finds that the trustee has violated or is about to violate the terms of its trust grant or any other principle of law relating to its obligation under the public trust doctrine or under this act, the commission shall notify the trustee of the violation. +(b) The trustee shall have 30 days from the receipt of a notice of violation to conform to the terms of its grant and the principles of law under the public trust doctrine. If the trustee fails or refuses to take those actions, the commission may bring an action to enforce the rights of the state and people as settlor beneficiary of the public trust doctrine. +(c) The Attorney General shall represent the state in all actions or proceedings taken pursuant to this section. If the judgment is given against the state in the action or proceeding, no costs shall be recovered from the state and people. +SEC. 9. +The requirements of Section 6359 of the Public Resources Code do not apply to the trust lands granted pursuant to this act. +SEC. 10. +The trust lands granted in Section 3 are three parcels of tide and submerged lands situated in and adjacent to the bed of San Francisco Bay, Alameda County, State of California, more particularly described as follows: +PARCEL 1 +COMMENCING at point “A” as shown on the Map of the Grant to the City of Albany, recorded July 24, 1963, in Book 43 of Maps, page 12A, Alameda County Records, said point “A” having California Zone 2 coordinates of x = 1,469,703.82 feet and y = 511,851.40 feet, thence along the northerly boundary of said Grant S 74° 21’ 53” E, 2573.92 feet to point “B” as shown on said map and being the TRUE POINT OF BEGINNING, thence continuing along the boundary of said grant the following ten courses: +(1) N 01° 08’ 07” E, 661.08 feet; +(2) S 88° 51’ 53” E, 661.58 feet; +(3) N 01° 08’ 07” E, 876.29 feet; +(4) N 75° 19’ 34” E, 1636.95 feet; +(5) S 88° 51’ 53” E, 409.57 feet; +(6) S 01° 08’ 07” W, 1321.66 feet; +(7) N 88° 51’ 53” W, 661.05 feet; +(8) S 01° 08’ 07” W, 1322.17 feet; +(9) N 88° 51’ 53” W, 1550.05 feet; +(10) S 32° 12’ 53” E, 1582.80 feet; +thence N 88° 51’ 53” W, 1305.22 feet; thence N 01° 08’ 07” E, 1983.26 feet to the True Point of Beginning. +Coordinates, bearings, and distances used in the above description are based on the California Coordinate System, Zone 2. +PARCEL 2 +BEGINNING at Point “J” as shown on said Map of Grant to the City of Albany, recorded July 24, 1963, said point “J” having California Zone 2 coordinates of x = 1,474,154.14 feet and y = 510,458.00 feet, thence along the boundary of said grant the following two courses: +(1) N 88° 51’ 53” W, 1550.05 feet; +(2) S 32° 12’ 53” E, 1582.80 feet; +thence N 28° 20’ 17” E, 1487.26 feet to the point of beginning. Coordinates, bearings, and distances used in the above description are based on the California Coordinate System, Zone 2. +PARCEL 3 +All of that certain parcel of land described as Parcel 1 in deed to the City of Albany, recorded January 15, 1942, in Liber 4159, page 296, Alameda County Records. +SEC. 11. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution.","Existing law grants in trust to the City of Albany certain designated tidelands and submerged lands, both filled and unfilled, for specified uses. The grant, among other things, requires that those lands be used in conformity with the Albany Waterfront Plan and be improved in accordance with the plan on or before January 1, 1988, or title therein shall revert to the state. Existing law imposes various requirements regarding public rights in the granted lands, leasing of lands by the city, management and disposition of revenues from the lands, and the determination of boundaries of the lands granted that are subject to the jurisdiction of the San Francisco Bay Conservation and Development Commission. Existing law requires 85% of excess trust revenues, as specified, to be transmitted to the Treasurer and deposited in the General Fund. +This bill would delete those provisions and instead require that, on and after January 1, 2022, the use of those trust lands, as described, conform to an approved trust lands use plan, prescribed by the bill, and all leases or agreements proposed or entered into by the City of Albany, as trustee of those lands, also be consistent with the public trust doctrine, as defined, and conform to the plan. The bill would require the trustee, on or before September 30, 2022, and on or before September 30 of every succeeding 5th year thereafter, to submit a report to the State Lands Commission. By imposing new duties on a local government with regard to providing for the use and management of those trust lands, the bill would impose a state-mandated local program. +Existing law, the Kapiloff Land Bank Act, creates the Land Bank Fund and continuously appropriates money in the fund, subject to a statutory trust, to the State Lands Commission, acting as the Land Bank Trustee, to acquire real property or any interest in real property for the purposes of public trust settlements. +The bill would require on June 30, 2021, and at the end of every fiscal year thereafter, that 20% of all gross revenue generated from the City of Albany trust lands be transmitted to the commission and, of this amount transmitted, would require the commission to allocate 80% to the Treasurer for deposit in the General Fund and 20% for deposit in the Land Bank Fund for expenditure by the commission pursuant to the act, thereby making an appropriation. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to repeal Chapter 211 of the Statutes of 1919, relating to tidelands and submerged lands in the Bay of San Francisco, and making an appropriation therefor." +325,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2220.05 of the Business and Professions Code is amended to read: +2220.05. +(a) In order to ensure that its resources are maximized for the protection of the public, the Medical Board of California shall prioritize its investigative and prosecutorial resources to ensure that physicians and surgeons representing the greatest threat of harm are identified and disciplined expeditiously. Cases involving any of the following allegations shall be handled on a priority basis, as follows, with the highest priority being given to cases in the first paragraph: +(1) Gross negligence, incompetence, or repeated negligent acts that involve death or serious bodily injury to one or more patients, such that the physician and surgeon represents a danger to the public. +(2) Drug or alcohol abuse by a physician and surgeon involving death or serious bodily injury to a patient. +(3) Repeated acts of clearly excessive prescribing, furnishing, or administering of controlled substances, or repeated acts of prescribing, dispensing, or furnishing of controlled substances without a good faith prior examination of the patient and medical reason therefor. However, in no event shall a physician and surgeon prescribing, furnishing, or administering controlled substances for intractable pain consistent with lawful prescribing, including, but not limited to, Sections 725, 2241.5, and 2241.6 of this code and Sections 11159.2 and 124961 of the Health and Safety Code, be prosecuted for excessive prescribing and prompt review of the applicability of these provisions shall be made in any complaint that may implicate these provisions. +(4) Repeated acts of clearly excessive recommending of cannabis to patients for medical purposes, or repeated acts of recommending cannabis to patients for medical purposes without a good faith prior examination of the patient and a medical reason for the recommendation. +(5) Sexual misconduct with one or more patients during a course of treatment or an examination. +(6) Practicing medicine while under the influence of drugs or alcohol. +(7) Repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason therefor. +(b) The board may by regulation prioritize cases involving an allegation of conduct that is not described in subdivision (a). Those cases prioritized by regulation shall not be assigned a priority equal to or higher than the priorities established in subdivision (a). +(c) The Medical Board of California shall indicate in its annual report mandated by Section 2312 the number of temporary restraining orders, interim suspension orders, and disciplinary actions that are taken in each priority category specified in subdivisions (a) and (b). +SEC. 2. +Section 2245 is added to the Business and Professions Code, to read: +2245. +(a) The Medical Board of California on a quarterly basis shall review the data provided pursuant to Section 14028 of the Welfare and Institutions Code by the State Department of Health Care Services and the State Department of Social Services in order to determine if any potential violations of law or excessive prescribing of psychotropic medications inconsistent with the standard of care exist and, if warranted, shall conduct an investigation. +(b) The State Department of Health Care Services shall disseminate the treatment guidelines on an annual basis through its existing communications with Medi-Cal providers, such as the department’s Internet Web site or provider bulletins. +(c) If, after an investigation, the Medical Board of California concludes that there was a violation of law, the board shall take disciplinary action, as appropriate, as authorized by Section 2227. +(d) If, after an investigation, the Medical Board of California concludes that there was excessive prescribing of psychotropic medications inconsistent with the standard of care, the board shall take action, as appropriate, as authorized by Section 2227. +(e) (1) Notwithstanding Section 10231.5 of the Government Code, commencing July 1, 2017, the Medical Board of California shall report annually to the Legislature, the State Department of Health Care Services, and the State Department of Social Services the results of the analysis of data described in Section 14028 of the Welfare and Institutions Code. +(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. +(f) On or before January 1, 2022, and in conjunction with the consultation with the State Department of Social Services and the State Department of Health Care Services required by subdivision (a) of Section 14028 of the Welfare and Institutions Code, the Medical Board of California shall conduct an internal review of its data review, investigative, and disciplinary activities undertaken pursuant to this section for the purpose of determining the efficacy of those activities and shall revise its procedures relating to those activities, if determined to be necessary. +(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. +SEC. 3. +Section 14028 is added to the Welfare and Institutions Code, to read: +14028. +(a) (1) In order to ensure appropriate oversight of psychotropic medications prescribed for children, pursuant to Section 2245 of the Business and Professions Code, the department and the State Department of Social Services, pursuant to a data-sharing agreement that shall meet the requirements of all applicable state and federal laws and regulations, shall provide the Medical Board of California with information regarding Medi-Cal physicians and their prescribing patterns of psychotropic medications and related services for individuals described in subparagraphs (B) and (C) of paragraph (1) of subdivision (c). The data concerning psychotropic medications and related services shall be drawn from existing data sources maintained by the departments. Every five years, the Medical Board of California, the department, and the State Department of Social Services shall consult and revise the methodology, if determined to be necessary. +(2) At minimum, the department, on an annual basis, shall share with the Medical Board of California data, including, but not limited to, pharmacy claims data for all foster children who are or have been on three or more psychotropic medications for 90 days or more. Prior to the release of this data, personal identifiers such as name, date of birth, address, and social security number shall be removed and a unique identifier shall be submitted. For each foster child who falls into these categories, the department shall submit the following information to the board: +(A) A list of the psychotropic medications prescribed. +(B) The start and stop dates, if any, for each psychotropic medication prescribed. +(C) The prescriber’s name and contact information. +(D) The child’s or adolescent’s year of birth. +(E) Any other information that is deidentified and necessary to the Medical Board of California to allow the board to exercise its statutory authority as an oversight entity. +(F) The unit and quantity of the medication and the number of days’ supply of the medication. +(b) The Medical Board of California shall contract for consulting services from, if available, a psychiatrist who has expertise and specializes in pediatric care for the purpose of reviewing the data provided to the board pursuant to subdivision (a). The consultant shall consider the treatment guidelines published by the department and the State Department of Social Services when assessing prescribing patterns. +(c) The Medical Board of California, pursuant to subdivision (a), shall analyze prescribing patterns by population for both of the following: +(1) Children adjudged as dependent children under Section 300 and placed in foster care. +(2) A minor adjudged a ward of the court under Section 601 or 602 who has been removed from the physical custody of the parent and placed into foster care. +(d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.","Existing law, the Medical Practice Act, among other things provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Under existing law, the board’s responsibilities include enforcement of the disciplinary and criminal provisions of the act. +Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including early and periodic screening, diagnosis, and treatment for any individual under 21 years of age. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law establishes a statewide system of child welfare services, administered by the State Department of Social Services, with the intent that all children are entitled to be safe and free from abuse and neglect. +This bill would, until January 1, 2027, require the State Department of Health Care Services and the State Department of Social Services, pursuant to a specified data-sharing agreement, to provide the Medical Board of California with information regarding Medi-Cal physicians and their prescribing patterns of psychotropic medications and related services for specified children and minors placed in foster care using data provided by the State Department of Health Care Services and the State Department of Social Services, as prescribed. The bill would require that the data concerning psychotropic medications and related services be drawn from existing data sources maintained by the departments and shared pursuant to a data-sharing agreement and would require that, every 5 years, the board, the State Department of Health Care Services, and the State Department of Social Services consult and revise the methodology, if determined to be necessary. The bill would require the board to contract for consulting services from, if available, a psychiatrist who has expertise and specializes in pediatric care for the purpose of reviewing the data provided to the board. Commencing July 1, 2017, the bill would require the board to report annually to the Legislature, the State Department of Health Care Services, and the State Department of Social Services the results of the analysis of the data. The bill would, until January 1, 2027, require the board to review the data in order to determine if any potential violations of law or excessive prescribing of psychotropic medications inconsistent with the standard of care exist and conduct an investigation, if warranted, and would require the board to take disciplinary action, as specified. The bill would require the board, on or before January 1, 2022, to conduct an internal review of those activities and to revise procedures relating to those activities, if determined to be necessary. The bill would require the State Department of Health Care Services to disseminate treatment guidelines on an annual basis through its existing communications with Medi-Cal providers, as specified. The bill would require the board to handle on a priority basis investigations of repeated acts of excessive prescribing, furnishing, or administering psychotropic medications to a minor, as specified.","An act to amend Section 2220.05 of, and to add and repeal Section 2245 of, the Business and Professions Code, and to add and repeal Section 14028 of the Welfare and Institutions Code, relating to Medi-Cal." +326,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4603.2 of the Labor Code is amended to read: +4603.2. +(a) (1) Upon selecting a physician pursuant to Section 4600, the employee or physician shall notify the employer of the name and address, including the name of the medical group, if applicable, of the physician. The physician shall submit a report to the employer within five working days from the date of the initial examination, as required by Section 6409, and shall submit periodic reports at intervals that may be prescribed by rules and regulations adopted by the administrative director. +(2) If the employer objects to the employee’s selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was entitled to select the physician pursuant to Section 4600, the employee shall be entitled to continue treatment with that physician at the employer’s expense in accordance with this division, notwithstanding Section 4616.2. The employer shall be required to pay from the date of the initial examination if the physician’s report was submitted within five working days of the initial examination. If the physician’s report was submitted more than five working days after the initial examination, the employer and the employee shall not be required to pay for any services prior to the date the physician’s report was submitted. +(3) If the employer objects to the employee’s selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was not entitled to select a physician outside of the medical provider network, the employer shall have no liability for treatment provided by or at the direction of that physician or for any consequences of the treatment obtained outside the network. +(b) (1) (A) A provider of services provided pursuant to Section 4600, including, but not limited to, physicians, hospitals, pharmacies, interpreters, copy services, transportation services, and home health care services, shall submit its request for payment with an itemization of services provided and the charge for each service, a copy of all reports showing the services performed, the prescription or referral from the primary treating physician if the services were performed by a person other than the primary treating physician, and any evidence of authorization for the services that may have been received. This section does not prohibit an employer, insurer, or third-party claims administrator from establishing, through written agreement, an alternative manual or electronic request for payment with providers for services provided pursuant to Section 4600. +(B) Effective for services provided on or after January 1, 2017, the request for payment with an itemization of services provided and the charge for each service shall be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The administrative director shall adopt rules to implement the 12-month limitation period. The rules shall define circumstances that constitute good cause for an exception to the 12-month period, including provisions to address the circumstances of a nonoccupational injury or illness later found to be a compensable injury or illness. The request for payment is barred unless timely submitted. +(C) Notwithstanding the requirements of this paragraph, a copy of the prescription shall not be required with a request for payment for pharmacy services, unless the provider of services has entered into a written agreement, as provided in this paragraph, that requires a copy of a prescription for a pharmacy service. +(D) This section does not preclude an employer, insurer, pharmacy benefits manager, or third-party claims administrator from requesting a copy of the prescription during a review of any records of prescription drugs that were dispensed by a pharmacy. +(2) Except as provided in subdivision (d) of Section 4603.4, or under contracts authorized under Section 5307.11, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made at reasonable maximum amounts in the official medical fee schedule, pursuant to Section 5307.1, in effect on the date of service. Payments shall be made by the employer with an explanation of review pursuant to Section 4603.3 within 45 days after receipt of each separate, itemization of medical services provided, together with any required reports and any written authorization for services that may have been received by the physician. If the itemization or a portion thereof is contested, denied, or considered incomplete, the physician shall be notified, in the explanation of review, that the itemization is contested, denied, or considered incomplete, within 30 days after receipt of the itemization by the employer. An explanation of review that states an itemization is incomplete shall also state all additional information required to make a decision. A properly documented list of services provided and not paid at the rates then in effect under Section 5307.1 within the 45-day period shall be paid at the rates then in effect and increased by 15 percent, together with interest at the same rate as judgments in civil actions retroactive to the date of receipt of the itemization, unless the employer does both of the following: +(A) Pays the provider at the rates in effect within the 45-day period. +(B) Advises, in an explanation of review pursuant to Section 4603.3, the physician, or another provider of the items being contested, the reasons for contesting these items, and the remedies available to the physician or the other provider if he or she disagrees. In the case of an itemization that includes services provided by a hospital, outpatient surgery center, or independent diagnostic facility, advice that a request has been made for an audit of the itemization shall satisfy the requirements of this paragraph. +An employer’s liability to a physician or another provider under this section for delayed payments shall not affect its liability to an employee under Section 5814 or any other provision of this division. +(3) Notwithstanding paragraph (1), if the employer is a governmental entity, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made within 60 days after receipt of each separate itemization, together with any required reports and any written authorization for services that may have been received by the physician. +(4) Duplicate submissions of medical services itemizations, for which an explanation of review was previously provided, shall require no further or additional notification or objection by the employer to the medical provider and shall not subject the employer to any additional penalties or interest pursuant to this section for failing to respond to the duplicate submission. This paragraph shall apply only to duplicate submissions and does not apply to any other penalties or interest that may be applicable to the original submission. +(c) Interest or an increase in compensation paid by an insurer pursuant to this section shall be treated in the same manner as an increase in compensation under subdivision (d) of Section 4650 for the purposes of any classification of risks and premium rates, and any system of merit rating approved or issued pursuant to Article 2 (commencing with Section 11730) of Chapter 3 of Part 3 of Division 2 of the Insurance Code. +(d) (1) Whenever an employer or insurer employs an individual or contracts with an entity to conduct a review of an itemization submitted by a physician or medical provider, the employer or insurer shall make available to that individual or entity all documentation submitted together with that itemization by the physician or medical provider. When an individual or entity conducting an itemization review determines that additional information or documentation is necessary to review the itemization, the individual or entity shall contact the claims administrator or insurer to obtain the necessary information or documentation that was submitted by the physician or medical provider pursuant to subdivision (b). +(2) An individual or entity reviewing an itemization of service submitted by a physician or medical provider shall not alter the procedure codes listed or recommend reduction of the amount of the payment unless the documentation submitted by the physician or medical provider with the itemization of service has been reviewed by that individual or entity. If the reviewer does not recommend payment for services as itemized by the physician or medical provider, the explanation of review shall provide the physician or medical provider with a specific explanation as to why the reviewer altered the procedure code or changed other parts of the itemization and the specific deficiency in the itemization or documentation that caused the reviewer to conclude that the altered procedure code or amount recommended for payment more accurately represents the service performed. +(e) (1) If the provider disputes the amount paid, the provider may request a second review within 90 days of service of the explanation of review or an order of the appeals board resolving the threshold issue as stated in the explanation of review pursuant to paragraph (5) of subdivision (a) of Section 4603.3. The request for a second review shall be submitted to the employer on a form prescribed by the administrative director and shall include all of the following: +(A) The date of the explanation of review and the claim number or other unique identifying number provided on the explanation of review. +(B) The item and amount in dispute. +(C) The additional payment requested and the reason therefor. +(D) The additional information provided in response to a request in the first explanation of review or any other additional information provided in support of the additional payment requested. +(2) If the only dispute is the amount of payment and the provider does not request a second review within 90 days, the bill shall be deemed satisfied and neither the employer nor the employee shall be liable for any further payment. +(3) Within 14 days of a request for second review, the employer shall respond with a final written determination on each of the items or amounts in dispute. Payment of any balance not in dispute shall be made within 21 days of receipt of the request for second review. This time limit may be extended by mutual written agreement. +(4) If the provider contests the amount paid, after receipt of the second review, the provider shall request an independent bill review as provided for in Section 4603.6. +(f) Except as provided in paragraph (4) of subdivision (e), the appeals board shall have jurisdiction over disputes arising out of this subdivision pursuant to Section 5304. +SEC. 2. +Section 4603.4 of the Labor Code is amended to read: +4603.4. +(a) The administrative director shall adopt rules and regulations to do all of the following: +(1) Ensure that all health care providers and facilities submit medical bills for payment on standardized forms. +(2) Require acceptance by employers of electronic claims for payment of medical services. +(3) Ensure confidentiality of medical information submitted on electronic claims for payment of medical services. +(4) Require the timely submission of paper or electronic bills in conformity with subparagraph (B) of paragraph (1) of subdivision (b) of Section 4603.2. +(b) To the extent feasible, standards adopted pursuant to subdivision (a) shall be consistent with existing standards under the federal Health Insurance Portability and Accountability Act of 1996. +(c) Require all employers to accept electronic claims for payment of medical services. +(d) Payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made with an explanation of review by the employer within 15 working days after electronic receipt of an itemized electronic billing for services at or below the maximum fees provided in the official medical fee schedule adopted pursuant to Section 5307.1. If the billing is contested, denied, or incomplete, payment shall be made with an explanation of review of any uncontested amounts within 15 working days after electronic receipt of the billing, and payment of the balance shall be made in accordance with Section 4603.2. +SEC. 3. +Section 4625 of the Labor Code is amended to read: +4625. +(a) Effective for services provided on or after January 1, 2017, all bills for medical-legal evaluation or medical-legal expense shall be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrative director. The administrative director shall adopt rules to define circumstances that constitute good cause for an exception to the 12-month period. Bills for medical-legal charges are barred unless timely submitted. +(b) Notwithstanding subdivision (d) of Section 4628, all charges for medical-legal expenses for which the employer is liable that are not in excess of those set forth in the official medical-legal fee schedule adopted pursuant to Section 5307.6 shall be paid promptly pursuant to Section 4622. +(c) If the employer contests the reasonableness of the charges it has paid, the employer may file a petition with the appeals board to obtain reimbursement of the charges from the physician that are considered to be unreasonable.","Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires the employer to provide medical, surgical, chiropractic, acupuncture, and hospital treatment, as specified, that is reasonably required to cure or relieve the injured worker from the effects of his or her injury. Existing law requires a provider of those services to submit, among other documents, its request for payment with an itemization of services provided and the charge for each service. Existing law also requires the employer to reimburse the employee for his or her medical-legal expenses, as specified. +This bill would require, effective for services on or after January 1, 2017, that requests for payment with an itemization of services provided and the charge for each service be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The bill would also require, effective for services provided on or after January 1, 2017, that all bills for medical-legal evaluation or medical-legal expense be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrative director. The bill would provide that requests for payment and bills for medical-legal charges are barred unless timely submitted. The bill would require the administrative director to adopt rules to implement the 12-month limitation period, as specified.","An act to amend Sections 4603.2, 4603.4, and 4625 of the Labor Code, relating to workers’ compensation." +327,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 14 (commencing with Section 2340) is added to Chapter 5 of Division 2 of the Business and Professions Code, to read: +Article 14. Physician and Surgeon Health and Wellness Program +2340. +(a) The board may establish a Physician and Surgeon Health and Wellness Program for the early identification of, and appropriate interventions to support a physician and surgeon in his or her rehabilitation from, substance abuse to ensure that the physician and surgeon remains able to practice medicine in a manner that will not endanger the public health and safety and that will maintain the integrity of the medical profession. The program, if established, shall aid a physician and surgeon with substance abuse issues impacting his or her ability to practice medicine. +(b) For the purposes of this article, “program” shall mean the Physician and Surgeon Health and Wellness Program. +(c) If the board establishes a program, the program shall meet the requirements of this article. +2340.2. +If the board establishes a program, the program shall do all of the following: +(a) Provide for the education of all licensed physicians and surgeons with respect to the recognition and prevention of physical, emotional, and psychological problems. +(b) Offer assistance to a physician and surgeon in identifying substance abuse problems. +(c) Evaluate the extent of substance abuse problems and refer the physician and surgeon to the appropriate treatment by executing a written agreement with a physician and surgeon participant. +(d) Provide for the confidential participation by a physician and surgeon with substance abuse issues who does not have a restriction on his or her practice related to those substance abuse issues. If an investigation of a physician and surgeon occurs after the physician and surgeon has enrolled in the program, the board may inquire of the program whether the physician and surgeon is enrolled in the program and the program shall respond accordingly. +(e) Comply with the Uniform Standards Regarding Substance-Abusing Healing Arts Licensees as adopted by the Substance Abuse Coordination Committee of the department pursuant to Section 315. +2340.4. +(a) If the board establishes a program, the board shall contract for the program’s administration with a private third-party independent administering entity pursuant to a request for proposals. The process for procuring the services for the program shall be administered by the board pursuant to Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. However, Section 10425 of the Public Contract Code shall not apply to this subdivision. +(b) The administering entity shall have expertise and experience in the areas of substance or alcohol abuse in healing arts professionals. +(c) The administering entity shall identify and use a statewide treatment resource network that includes treatment and screening programs and support groups and shall establish a process for evaluating the effectiveness of those programs. +(d) The administering entity shall provide counseling and support for the physician and surgeon and for the family of any physician and surgeon referred for treatment. +(e) The administering entity shall make their services available to all licensed California physicians and surgeons, including those who self-refer to the program. +(f) The administering entity shall have a system for immediately reporting a physician and surgeon, including, but not limited to, a physician and surgeon who withdraws or is terminated from the program, to the board. This system shall ensure absolute confidentiality in the communication to the board. The administering entity shall not provide this information to any other individual or entity unless authorized by the participating physician and surgeon or this article. +(g) The contract entered into pursuant to this section shall also require the administering entity to do the following: +(1) Provide regular communication to the board, including annual reports to the board with program statistics, including, but not limited to, the number of participants currently in the program, the number of participants referred by the board as a condition of probation, the number of participants who have successfully completed their agreement period, and the number of participants terminated from the program. In making reports, the administering entity shall not disclose any personally identifiable information relating to any participant. +(2) Submit to periodic audits and inspections of all operations, records, and management related to the program to ensure compliance with the requirements of this article and its implementing rules and regulations. Any audit conducted pursuant to this section shall maintain the confidentiality of all records reviewed and information obtained in the course of conducting the audit and shall not disclose any information identifying a program participant. +(h) If the board determines the administering entity is not in compliance with the requirements of the program or contract entered into with the board, the board may terminate the contract. +2340.6. +(a) A physician and surgeon shall, as a condition of participation in the program, enter into an individual agreement with the program and agree to pay expenses related to treatment, monitoring, laboratory tests, and other activities specified in the participant’s written agreement. The agreement shall include all of the following: +(1) A jointly agreed-upon plan and mandatory conditions and procedures to monitor compliance with the program. +(2) Compliance with terms and conditions of treatment and monitoring. +(3) Criteria for program completion. +(4) Criteria for termination of a physician and surgeon participant from the program. +(5) Acknowledgment that withdrawal or termination of a physician and surgeon participant from the program shall be reported to the board. +(6) Acknowledgment that expenses related to treatment, monitoring, laboratory tests, and other activities specified by the program shall be paid by the physician and surgeon participant. +(b) Any agreement entered into pursuant to this section shall not be considered a disciplinary action or order by the board and shall not be disclosed to the board if both of the following apply: +(1) The physician and surgeon did not enroll in the program as a condition of probation or as a result of an action by the board. +(2) The physician and surgeon is in compliance with the conditions and procedures in the agreement. +(c) Any oral or written information reported to the board shall remain confidential and shall not constitute a waiver of any existing evidentiary privileges. However, confidentiality regarding the physician and surgeon’s participation in the program and related records shall not apply if the board has referred a participant as a condition of probation or as otherwise authorized by this article. +(d) Nothing in this section prohibits, requires, or otherwise affects the discovery or admissibility of evidence in an action by the board against a physician and surgeon based on acts or omissions that are alleged to be grounds for discipline. +(e) Participation in the program shall not be a defense to any disciplinary action that may be taken by the board. This section does not preclude the board from commencing disciplinary action against a physician and surgeon who is terminated unsuccessfully from the program. However, that disciplinary action shall not include as evidence any confidential information unless authorized by this article. +2340.8. +(a) The Physician and Surgeon Health and Wellness Program Account is hereby established within the Contingent Fund of the Medical Board of California. Any fees collected by the board pursuant to subdivision (b) shall be deposited in the Physician and Surgeon Health and Wellness Program Account and shall be available, upon appropriation by the Legislature, for the support of the program. +(b) The board shall adopt regulations to determine the appropriate fee that a physician and surgeon participating in the program shall provide to the board. The fee amount adopted by the board shall be set at a level sufficient to cover all costs for participating in the program, including any administrative costs incurred by the board to administer the program. +(c) Subject to appropriation by the Legislature, the board may use moneys from the Contingent Fund of the Medical Board of California to support the initial costs for the board to establish the program under this article, except these moneys shall not be used to cover any costs for individual physician and surgeon participation in the program.","Existing law establishes in the Department of Consumer Affairs the Substance Abuse Coordination Committee, comprised of the executive officers of the department’s healing arts boards and a designee of the State Department of Health Care Services. Existing law requires the committee to formulate, by January 1, 2010, uniform and specific standards in specified areas that each healing arts board is required to use in dealing with substance-abusing licensees, whether or not a healing arts board has a formal diversion program. +Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California within the Department of Consumer Affairs. Existing law requires all moneys paid to and received by the Medical Board of California to be paid into the State Treasury and credited to the Contingent Fund of the Medical Board of California, which, except for fine and penalty money, is a continuously appropriated fund. +This bill would authorize the board to establish a Physician and Surgeon Health and Wellness Program for the early identification of, and appropriate interventions to support a physician and surgeon in his or her rehabilitation from, substance abuse, as specified. If the board establishes a program, the bill would require the board to contract for the program’s administration with a private 3rd-party independent administering entity meeting certain requirements. The bill would require program participants to enter into an individual agreement with the program that includes, among other things, a requirement to pay expenses related to treatment, monitoring, and laboratory tests, as provided. +This bill would create the Physician and Surgeon Health and Wellness Program Account within the Contingent Fund of the Medical Board of California. The bill would require the board to adopt regulations to determine the appropriate fee for a physician and surgeon to participate in the program, as specified. The bill would require these fees to be deposited in the Physician and Surgeon Health and Wellness Program Account and to be available, upon appropriation by the Legislature, for the support of the program. Subject to appropriation by the Legislature, the bill would authorize the board to use moneys from the Contingent Fund of the Medical Board of California to support the initial costs for the board to establish the program, except the bill would prohibit these moneys from being used to cover any costs for individual physician and surgeon participation in the program.","An act to add Article 14 (commencing with Section 2340) to Chapter 5 of Division 2 of the Business and Professions Code, relating to healing arts." +328,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 9002 of the Health and Safety Code is amended to read: +9002. +The definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 apply to this part. Further, as used in this part, the following terms have the following meanings: +(a) “Active militia” means the active militia as defined by Section 120 of the Military and Veterans Code. +(b) “Armed services” means the armed services as defined by Section 18540 of the Government Code. +(c) “Board of trustees” means the legislative body of a district. +(d) “District” means a public cemetery district created pursuant to this part or any of its statutory predecessors. +(e) “Domestic partner” means two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring, and are qualified and registered with the Secretary of State as domestic partners in accordance with Division 2.5 of the Family Code. +(f) “Family member” means any spouse, by marriage or otherwise, domestic partner, child or stepchild, by natural birth or adoption, parent, brother, sister, half-brother, half-sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or any person denoted by the prefix “grand” or “great,” or the spouse of any of these persons. +(g) “Firefighter” means a firefighter as defined by Section 1797.182. +(h) (1) “Interment right” means the rights held by the owner to use or control the use of a plot authorized by this part, for the interment of human remains, including both of the following rights: +(A) To determine the number and identity of any person or persons to be interred in the plot within a cemetery in conformance with all applicable regulations adopted by the cemetery district. +(B) To control the placement, design, wording, and removal of memorial markers in compliance with all applicable regulations adopted by the cemetery district. +(2) An interment right is a transferable property interest, and is governed by Chapter 5.5 (commencing with Section 9069.10). +(i) “Nonresident” means a person who does not reside within a district or does not pay property taxes on property located in a district. +(j) “Peace officer” means a peace officer as defined by Section 830 of the Penal Code. +(k) “Principal county” means the county having all or the greater portion of the entire assessed value, as shown on the last equalized assessment roll of the county or counties, of all taxable property within a district. +(l) “Voter” means a voter as defined by Section 359 of the Elections Code. +SEC. 2. +Chapter 5.5 (commencing with Section 9069.10) is added to Part 4 of Division 8 of the Health and Safety Code, to read: +CHAPTER 5.5. Interment Rights +9069.10. +An interment right does not include the right for disinterment of human remains except on consent of the cemetery district and the written consent of the surviving spouse, child, parent, or sibling, in that order of priority. +9069.15. +(a) This chapter does not apply to, or prohibit, the removal of remains from one plot to another in the same cemetery or the removal of remains by a cemetery district upon the written order of any of the following: +(1) The superior court of the county in which the cemetery is located. +(2) The coroner having jurisdiction of the location of the cemetery. +(3) The health department having jurisdiction of the cemetery. +(b) The cemetery district shall maintain a duplicate copy of an order pursuant to subdivision (a). +(c) The cemetery district shall retain a true and correct record of a removal of remains pursuant to subdivision (a) that includes all of the following: +(1) The date the remains were removed. +(2) The name and the age at death of the person whose remains were removed if available. +(3) The cemetery and plot from which the remains were removed. +(4) (A) If the removed remains are reinterred, the plot number, cemetery name, and location to which the remains were reinterred. +(B) If the removed remains are disposed of other than by being reinterred, a record of the alternate disposition. +(5) If the removed remains are reinterred at the cemetery, the date of reinterment. +(d) The person making the removal shall deliver to the cemetery district operating the cemetery from which the remains were removed a true, full, and complete copy of the record containing all of the information specified in subdivision (c). +9069.20. +(a) An interment right provides a transferable property interest to the person listed as the owner in the records of the cemetery district, subject to any written designation to the contrary signed by the owner and deposited with the cemetery district, or to the owner’s successor pursuant to either this section or subdivision (a) of Section 9069.25. An interment right shall not be construed as conferring title to the property burdened by the transferable property interest. +(b) The owner of record of an interment right may designate in writing the person or persons, other than the owner of record, who may be interred in the plot to which the owner holds the interment right. +(c) The owner of an interment right shall, at the time of purchase, designate a successor owner or owners of the interment right in a signed written designation deposited with the district. +(d) Use of an interment right transferred from the owner to a successor pursuant to subdivision (c) shall be made in compliance with applicable provisions of state and local law, and of applicable requirements or policies established by the district board of trustees. +9069.25. +(a) If the owner of an interment right dies without making a valid and enforceable disposition of the interment right by a specific devise in a testamentary device, or by a written designation pursuant to subdivision (c) of Section 9069.20, the interment right shall pass according to the laws of intestate succession as set forth in Sections 6400 to 6413, inclusive, of the Probate Code. In the event that the owner has no heirs at law, the district shall follow the abandonment procedures established under Section 9069. +(b) A surviving spouse, registered domestic partner, child, parent, or heir who has an interment right pursuant to this section may waive that interment right in favor of any other relative of the deceased owner or spouse of a relative of the deceased owner. +9069.30. +When a public cemetery district acts to transfer ownership rights or make an interment on the basis of the affidavit, given under penalty of perjury pursuant to Section 9069.35, the district, and any employee or trustee of the district, shall not be liable for any claims, losses, or damages asserted in any action unless the district had actual knowledge that the facts stated in writing are false. +9069.35. +A person who purports to be the successor owner of an interment right shall execute a written affidavit declaring, under penalty of perjury, all of the following: +(a) He or she is the person entitled to succeed to the interment right pursuant to Section 9069.20. +(b) He or she has exerted all reasonable efforts to find other persons who may have an equal or higher claim to succeed to the interment right. +(c) He or she is unaware, to the best of his or her knowledge, of any opposition challenging his or her right to succeed to the interment right. +9069.40. +Upon the sale to a person of a plot in a cemetery within a district, the district shall notify the purchaser, in writing, of any interment rights, that this chapter governs the succession of ownership of the interment rights, and the district’s duly adopted policies, rules, and regulations governing the use, sale, or other transfer of interment rights. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Public Cemetery District Law, specifies the procedures for the formation of public cemetery districts, procedures for the selection of the district board of trustees and officers, and the powers and duties of the board. Existing law authorizes a public cemetery district to sell “interment rights,” defined as the right to use or control the use of a plot, niche, or other space in a public cemetery district for interment of human remains. Existing law provides for the succession of an interment plot in a private cemetery. +This bill would modify the definition of “interment rights” to, among other things, specify that those rights are a transferable property interest held by the owner to determine, among other things, the number and identity of any person or persons to be interred in the plot within a public cemetery. The bill would require the owner of an interment right, at the time of purchase, to designate a successor owner or owners in a signed written designation deposited with the cemetery district. The bill would provide that the intestate order of succession would apply, if the owner dies without making that written designation or a valid and enforceable disposition of the interment right by a specific devise in a testamentary device. The bill would also require the public cemetery district to follow specified procedures in the event that the owner dies with no heirs at law. +The bill also would provide the circumstances and process under which human remains may be disinterred, reinterred, or removed from a public cemetery district after interment, and would specify the records required to be maintained by the public cemetery district and the person removing and relocating the human remains. The bill would require a person who purports to be the successor owner of an interment right to execute a written affidavit, under penalty of perjury, that includes specified information regarding his or her claim of successorship, and would provide that a district or district employee or trustee is not liable for claims, losses, or damages resulting from transferring an interment right in reliance on that affidavit, except as provided. +By expanding the scope of the crime of perjury and imposing new duties on public cemetery districts, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to amend Section 9002 of, and to add Chapter 5.5 (commencing with Section 9069.10) to Part 4 of Division 8 of, the Health and Safety Code, relating to cemeteries." +329,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The sum of six hundred forty-seven thousand four hundred forty-three dollars and thirty-two cents ($647,443.32) is hereby appropriated from the various funds specified in subdivision (b) to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of claims accepted by the board in accordance with the schedule set forth in subdivision (b). +(b) Pursuant to subdivision (a), claims accepted by the California Victim Compensation and Government Claims Board shall be paid in accordance with the following schedule: +Total for Fund: General Fund (0001) ........................ $606,296.25 +Total for Fund: Item 2660-001-0042 +Budget Act of 2016, Program 1835010 ........................ $47.31 +Total for Fund: Item 2740-001-0044 +Budget Act of 2016, Program 2130 ........................ $966.22 +Total for Fund: Item 4260-101-0001 +Budget Act of 2016, Program 3960022 ........................ $2,028.06 +Total for Fund: Item 5180-111-0001 +Budget Act of 2016, Program 4275010 ........................ $15,567.57 +Total for Fund: Item 7100-001-0185 +Budget Act of 2016, Program 5930 ........................ $22,537.91 +SEC. 2. +Upon the request of the California Victim Compensation and Government Claims Board, in a form prescribed by the Controller, the Controller shall transfer surcharges and fees from the Budget Act items of appropriation identified in subdivision (b) of Section 1 of this act to Item 7870-001-0001 of Section 2.00 of the Budget Act of 2016. For each Budget Act item of appropriation, this amount shall not exceed the cumulative total of the per claim filing fee authorized by subdivision (c) of Section 905.2 of the Government Code and the surcharge authorized by subdivision (f) of Section 905.2 of the Government Code. For those items in subdivision (b) that do not reflect a Budget Act appropriation, the Controller shall transfer an amount not to exceed the cumulative total of the per claim filing fee authorized by subdivision (c) of Section 905.2 of the Government Code and the surcharge authorized by subdivision (f) of Section 905.2 of the Government Code. This amount shall be transferred for the support of the board reimbursements to Item 7870-001-0001 of Section 2.00 of the Budget Act of 2016. The board shall provide a report of the amounts recovered pursuant to this authority to the Department of Finance within 90 days of the enactment of this act. +SEC. 3. +The sum of five hundred eighty-one thousand six hundred dollars ($581,600) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Obie Steven Anthony III, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. +SEC. 4. +The sum of six hundred fifty-three thousand six hundred dollars ($653,600) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of John Smith, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. +SEC. 5. +The sum of five hundred sixty-four thousand one hundred dollars ($564,100) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Michael Smith, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. +SEC. 6. +The sum of five hundred twelve thousand six hundred dollars ($512,600) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Timothy Gantt, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. +SEC. 7. +The sum of six hundred fifty-four thousand five hundred dollars ($654,500) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Marco Milla, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. +SEC. 8. +The sum of seven hundred sixty-two thousand four hundred forty dollars ($762,440) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Larry Pohlschneider, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. +SEC. 9. +The sum of nine hundred thirty-six thousand eight hundred eighty dollars ($936,880) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Luther Ed Jones, Jr., accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. +SEC. 10. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to pay claims against the state and end hardship to claimants as quickly as possible, it is necessary for this act to take effect immediately.","Existing law requires the California Victim Compensation and Government Claims Board to ensure that all claims that have been approved by the board and for which there exists no legally available appropriation are submitted for legislative approval at least twice each calendar year. +This bill would appropriate $647,443.32 from various funds for the payment of claims accepted by the board, as specified. This bill would require the Controller, upon the request of the board, in a form prescribed by the Controller, to transfer surcharges and fees from specified Budget Act items of appropriation identified in the bill to Item 7870-001-0001 of Section 2.00 of the Budget Act of 2016. This bill would require the board to provide a report of the amounts recovered pursuant to this authority to the Department of Finance within 90 days of the enactment of this bill. This bill would also appropriate certain funds from the General Fund to the board for the payment of the claims of specified individuals. +This bill would declare that it is to take effect immediately as an urgency statute.","An act relating to state claims, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately." +330,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 27491.4 of the Government Code is amended to read: +27491.4. +(a) For purposes of inquiry the coroner shall, within 24 hours or as soon as feasible thereafter, where the suspected cause of death is sudden infant death syndrome and, in all other cases, the coroner may, in his or her discretion, take possession of the body, which shall include the authority to exhume the body, order it removed to a convenient place, and make or cause to be made a postmortem examination, or cause to be made an autopsy thereon, and make or cause to be made an analysis of the stomach, stomach contents, blood, organs, fluids, or tissues of the body. The detailed medical findings resulting from an inspection of the body or autopsy by an examining licensed physician and surgeon shall be either reduced to writing or permanently preserved on recording discs or other similar recording media, shall include all positive and negative findings pertinent to establishing the cause of death in accordance with medicolegal practice and this, along with the written opinions and conclusions of the examining licensed physician and surgeon, shall be included in the coroner’s record of the death. The coroner shall have the right to retain only those tissues of the body removed at the time of the autopsy as may, in his or her opinion, be necessary or advisable to the inquiry into the case, or for the verification of his or her findings. Only individuals who are directly involved in the investigation of the death of the decedent may be present during the performance of the autopsy. +(b) In any case in which the coroner knows, or has reason to believe, that the deceased has made valid provision for the disposition of his or her body or a part or parts thereof for medical or scientific purposes in accordance with Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code, the coroner shall neither perform nor authorize any other person to perform an autopsy on the body unless the coroner has contacted or attempted to contact the physician last in attendance to the deceased. If the physician cannot be contacted, the coroner shall then notify or attempt to notify one of the following of the need for an autopsy to determine the cause of death: (1) the surviving spouse; (2) a surviving child or parent; (3) a surviving brother or sister; (4) any other kin or person who has acquired the right to control the disposition of the remains. Following a period of 24 hours after attempting to contact the physician last in attendance and notifying or attempting to notify one of the responsible parties listed above, the coroner may authorize the performance of an autopsy, as otherwise authorized or required by law. +(c) Nothing in this section shall be deemed to prohibit the discretion of the coroner to cause to be conducted an autopsy upon any victim of sudden, unexpected, or unexplained death or any death known or suspected of resulting from an accident, suicide, or apparent criminal means, or other death, as described in Section 27491. +SEC. 2. +Section 27491.41 of the Government Code is amended to read: +27491.41. +(a) For purposes of this section, “sudden infant death syndrome” means the sudden death of any infant that is unexpected by the history of the infant and where a thorough postmortem examination fails to demonstrate an adequate cause of death. +(b) The Legislature finds and declares that sudden infant death syndrome, also referred to as SIDS, is the leading cause of death for children under age one, striking one out of every 500 children. The Legislature finds and declares that sudden infant death syndrome is a serious problem within the State of California, and that the public interest is served by research and study of sudden infant death syndrome and its potential causes and indications. +(c) (1) To facilitate these purposes, the coroner shall, within 24 hours or as soon thereafter as feasible, cause an autopsy to be performed in any case where an infant has died suddenly and unexpectedly. +(2) However, if the attending licensed physician and surgeon desires to certify that the cause of death is sudden infant death syndrome, an autopsy may be performed at the discretion of the coroner. If the coroner causes an autopsy to be performed pursuant to this section, he or she shall also certify the cause of death. +(d) The autopsy shall be conducted pursuant to a standardized protocol developed by the State Department of Public Health. The protocol is exempt from the procedural requirements pertaining to the adoption of administrative rules and regulations pursuant to Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. +(e) The protocol shall be followed by all coroners throughout the state when conducting an evaluation as part of an autopsy required by this section. The coroner shall state on the certificate of death that sudden infant death syndrome was the cause of death when the coroner’s findings are consistent with the definition of sudden infant death syndrome specified in the standardized autopsy protocol. The protocol may include requirements and standards for scene investigations, requirements for specific data, criteria for ascertaining cause of death based on the autopsy, and criteria for any specific tissue sampling, and any other requirements. The protocol may also require that specific tissue samples shall be provided to a central tissue repository designated by the State Department of Public Health. +(f) The State Department of Public Health shall establish procedures and protocols for access by researchers to any tissues, or other materials or data authorized by this section. Research may be conducted by any individual with a valid scientific interest and prior approval from the State Committee for the Protection of Human Subjects. The tissue samples, the materials, and all data shall be subject to the confidentiality requirements of Section 103850 of the Health and Safety Code. +(g) The coroner may take tissue samples for research purposes from infants who have died suddenly and unexpectedly without consent of the responsible adult if the tissue removal is not likely to result in any visible disfigurement. +(h) A coroner or licensed physician and surgeon shall not be liable for damages in a civil action for any act or omission done in compliance with this section. +(i) Consent of any person is not required before undertaking the autopsy required by this section. +SEC. 3. +Section 27491.43 of the Government Code is amended to read: +27491.43. +(a) (1) Notwithstanding any other law, except as otherwise provided in this section, in any case in which the coroner, before the beginning of an autopsy, dissection, or removal of corneal tissue, pituitary glands, or any other organ, tissue, or fluid, has received a certificate of religious belief, executed by the decedent as provided in subdivision (b), that the procedure would be contrary to his or her religious belief, the coroner shall neither perform, nor order the performance of, that procedure on the body of the decedent. +(2) If, before beginning the procedure, the coroner is informed by a relative or a friend of the decedent that the decedent had executed a certificate of religious belief, the coroner shall not order an autopsy to be performed, except as otherwise provided in this section, for 48 hours. If the certificate is produced within 48 hours, the case shall be governed by this section. If the certificate is not produced within that time, the case shall be governed by the other provisions of this article. +(b) Any person, 18 years of age or older, may execute a certificate of religious belief which shall state in clear and unambiguous language that any postmortem anatomical dissection or that specified procedures would violate the religious convictions of the person. The certificate shall be signed and dated by the person in the presence of at least two witnesses. Each witness shall also sign the certificate and shall print on the certificate his or her name and residence address. +(c) Notwithstanding the existence of a certificate, the coroner may at any time cause an autopsy to be performed or any other procedure if he or she has a reasonable suspicion that the death was caused by the criminal act of another or by a contagious disease constituting a public health hazard. +(d) (1) If a certificate is produced, and if subdivision (c) does not apply, the coroner may petition the superior court, without fee, for an order authorizing an autopsy or other procedure or for an order setting aside the certificate as invalid. Notice of the proceeding shall be given to the person who produced the certificate. The proceeding shall have preference over all other cases. +(2) The court shall set aside the certificate if it finds that the certificate was not properly executed or that it does not clearly state the decedent’s religious objection to the proposed procedure. +(3) The court may order an autopsy or other procedure despite a valid certificate if it finds that the cause of death is not evident, and that the interest of the public in determining the cause of death outweighs its interest in permitting the decedent and like persons fully to exercise their religious convictions. +(4) Any procedure performed pursuant to paragraph (3) shall be the least intrusive procedure consistent with the order of the court. +(5) If the petition is denied, and no stay is granted, the body of the deceased shall immediately be released to the person authorized to control its disposition. +(e) In any case in which the circumstances, manner, or cause of death is not determined because of the provisions of this section, the coroner may state on the certificate of death that an autopsy was not conducted because of the provisions of this section. +(f) A coroner shall not be liable for damages in a civil action for any act or omission taken in compliance with the provisions of this section. +SEC. 4. +Section 27491.46 of the Government Code is amended to read: +27491.46. +(a) The coroner shall have the right to retain pituitary glands solely for transmission to a university, for use in research or the advancement of medical science, in those cases in which the coroner has required an autopsy to be performed pursuant to this chapter, and during a 48-hour period following such autopsy the body has not been claimed and the coroner has not been informed of any relatives of the decedent. +(b) In the course of any autopsy, the coroner may cause to be removed the pituitary gland from the body for transmittal to any public agency for use in manufacturing a hormone necessary for the physical growth of persons who are, or may become, hypopituitary dwarfs, if the coroner has no knowledge of objection to the removal and release of the pituitary gland having been made by the decedent or any other person specified in Section 7151.5 of the Health and Safety Code. Neither the coroner nor the medical examiner authorizing the removal of the pituitary gland, nor any hospital, medical center, tissue bank, storage facility, or person acting upon the request, order, or direction of the coroner or medical examiner in the removal of the pituitary gland pursuant to this section, shall incur civil liability for the removal of the pituitary gland in an action brought by any person who did not object prior to the removal of the pituitary gland, nor be subject to criminal prosecution for removal of the pituitary gland pursuant to the authority of this section. +Nothing in this subdivision shall supersede the terms of any gift made pursuant to Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code. +SEC. 5. +Section 27491.47 of the Government Code is amended to read: +27491.47. +(a) Notwithstanding any other law, the coroner may, in the course of an autopsy, authorize the removal and release of corneal eye tissue from a body within the coroner’s custody, if all of the following conditions are met: +(1) The autopsy has otherwise been authorized. +(2) The coroner has no knowledge of objection to the removal and release of corneal tissue having been made by the decedent or any other person specified in Section 7151 of the Health and Safety Code and has obtained any one of the following: +(A) A dated and signed written consent by the donor or any other person specified in Section 7151 of the Health and Safety Code on a form that clearly indicates the general intended use of the tissue and contains the signature of at least one witness. +(B) Proof of the existence of a recorded telephonic consent by the donor or any other person specified in Section 7151 of the Health and Safety Code in the form of an audio recording of the conversation or a transcript of the recorded conversation, which indicates the general intended use of the tissue. +(C) A document recording a verbal telephonic consent by the donor or any other person specified in Section 7151 of the Health and Safety Code, witnessed and signed by no fewer than two members of the requesting entity, hospital, eye bank, or procurement organization, memorializing the consenting person’s knowledge of and consent to the general intended use of the gift. +The form of consent obtained under subparagraph (A), (B), or (C) shall be kept on file by the requesting entity and the official agency for a minimum of three years. +(3) The removal of the tissue will not unnecessarily mutilate the body, be accomplished by enucleation, nor interfere with the autopsy. +(4) The tissue will be removed by a licensed physician and surgeon or a trained transplant technician. +(5) The tissue will be released to a public or nonprofit facility for transplant, therapeutic, or scientific purposes. +(b) Neither the coroner nor medical examiner authorizing the removal of the corneal tissue, nor any hospital, medical center, tissue bank, storage facility, or person acting upon the request, order, or direction of the coroner or medical examiner in the removal of corneal tissue pursuant to this section, shall incur civil liability for the removal in an action brought by any person who did not object prior to the removal of the corneal tissue, nor be subject to criminal prosecution for the removal of the corneal tissue pursuant to this section. +(c) This section shall not be construed to interfere with the ability of a person to make an anatomical gift pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code). +SEC. 6. +Section 27520 of the Government Code is amended to read: +27520. +(a) The coroner shall cause to be performed an autopsy on a decedent, for which an autopsy has not already been performed, if the surviving spouse requests him or her to do so in writing. If there is no surviving spouse, the coroner shall cause an autopsy to be performed if requested to do so in writing by a surviving child or parent, or if there is no surviving child or parent, by the next of kin of the deceased. +(b) The coroner may cause to be performed an autopsy on a decedent, for which an autopsy has already been performed, if the surviving spouse requests him or her to do so in writing. If there is no surviving spouse, the coroner may cause an autopsy to be performed if requested to do so in writing by a surviving child or parent, or if there is no surviving child or parent, by the next of kin of the deceased. +(c) The cost of an autopsy requested pursuant to either subdivision (a) or (b) shall be borne by the person requesting that it be performed. +SEC. 7. +Section 27522 is added to the Government Code, to read: +27522. +(a) A forensic autopsy shall only be conducted by a licensed physician and surgeon. The results of a forensic autopsy shall only be determined by a licensed physician and surgeon. +(b) A forensic autopsy shall be defined as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. At the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon, trained county personnel who are necessary to the performance of an autopsy may take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent. +(c) For purposes of this section, a postmortem examination shall be defined as the external examination of the body where no manner or cause of death is determined. +(d) For purposes of this section, the manner of death shall be determined by the coroner or medical examiner of a county. If a forensic autopsy is conducted by a licensed physician and surgeon, the coroner or medical examiner shall consult with the licensed physician and surgeon in the determination of the manner of death. +(e) For health and safety purposes, all persons in the autopsy suite shall be informed of the risks presented by bloodborne pathogens and that they should wear personal protective equipment in accordance with the requirements described in Section 5193 of Title 8 of the California Code of Regulations or its successor. +(f) (1) Only individuals who are directly involved in the investigation of the death of the decedent shall be allowed into the autopsy suite. +(2) If an individual dies due to the involvement of law enforcement activity, law enforcement personnel directly involved in the death of that individual shall not be involved with any portion of the postmortem examination, nor allowed inside the autopsy suite during the performance of the autopsy. +(3) Notwithstanding paragraph (1), individuals may be permitted in the autopsy suite for educational and research purposes at the discretion of the coroner and in consultation with any licensed physician and surgeon conducting an autopsy. +(g) Any police reports, crime scene or other information, videos, or laboratory tests that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity shall be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death. +(h) This section shall not be construed to limit the practice of an autopsy for educational or research purposes. +SEC. 8. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires a county coroner to inquire into and determine the circumstances, manner, and cause of certain deaths. Existing law either requires or authorizes a county coroner, under certain circumstances, to perform, or cause to be performed, an autopsy on a decedent. Existing law imposes certain requirements on a postmortem examination or autopsy conducted at the discretion of a coroner, medical examiner, or other agency upon an unidentified body or human remains. Existing law requires the coroner to perform an autopsy pursuant to a standardized protocol developed by the State Department of Public Health in any case where an infant has died suddenly and unexpectedly. +Existing law authorizes the board of supervisors of a county to consolidate the duties of certain county offices in one or more of specified combinations, including, but not limited to, sheriff and coroner, district attorney and coroner, and public administrator and coroner. Existing law authorizes the board of supervisors of a county to abolish the office of coroner and provide instead for the office of medical examiner, as specified, and requires the medical examiner to be a licensed physician and surgeon duly qualified as a specialist in pathology. +This bill would require that a forensic autopsy, as defined, be conducted by a licensed physician and surgeon. The bill would require that the results of a forensic autopsy be determined by a licensed physician and surgeon. The bill would require the manner of death to be determined by the coroner or medical examiner of a county. The bill would authorize trained county personnel who are necessary to the performance of an autopsy to take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent at the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon. The bill would require, if a licensed physician and surgeon conducts a forensic autopsy, the coroner or medical examiner to consult with the licensed physician and surgeon in the determination of the manner of death. The bill would require the coroner to conduct an evaluation pursuant to a standardized protocol developed by the State Department of Public Health in any case where an infant has died suddenly and unexpectedly. +The bill would require, for health and safety purposes, that all persons in the autopsy suite be informed of the risks presented by bloodborne pathogens and be informed that they should wear personal protective equipment, as specified. The bill would require that only individuals who are directly involved in the investigation of the death of the decedent be allowed into the autopsy suite but would permit individuals to be in the autopsy suite for educational and research purposes at the discretion of the coroner, in consultation with any licensed physician and surgeon conducting an autopsy. The bill would prohibit law enforcement personnel directly involved in the death of an individual who died due to involvement of law enforcement activity from being involved with any portion of the postmortem examination or being inside the autopsy suite during the performance of the autopsy. The bill would define a postmortem examination for this purpose to be the external examination of the body where no manner or cause of death is determined. +The bill would require specified materials that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity to be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death. +The bill would specify that these provisions shall not be construed to limit the practice of an autopsy for educational or research purposes. +By imposing additional duties upon local officials and law enforcement agencies, this bill would create a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +The bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 27491.4, 27491.41, 27491.43, 27491.46, 27491.47, and 27520 of, and to add Section 27522 to, the Government Code, relating to autopsies." +331,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 30315 of the Public Resources Code is amended to read: +30315. +(a) The commission shall meet at least 11 times annually at a place convenient to the public. Each meeting shall occur not more than 45 days after the previous meeting. All meetings of the commission shall be open to the public. +(b) A majority of the total appointed membership of the commission shall constitute a quorum. An action taken by the commission under this division requires a majority vote of the members present at the meeting of the commission, with a quorum being present, unless otherwise specifically provided for in this division. +(c) Commencing on or before July 1, 2017, the commission also shall provide +for +public +access to +participation at +all commission meetings via telephone and +video conferencing. +the Internet. Participation +shall include real +-time testimony during public comment. +SEC. 2. +Section 30321 of the Public Resources Code is amended to read: +30321. +(a) For purposes of this article, “a matter within the commission’s jurisdiction” means any permit action, federal consistency review, appeal, local coastal program, port master plan, public works plan, long-range development plan, categorical or other exclusions from coastal development permit requirements, or any other quasi-judicial matter requiring commission action, for which an application has been submitted to the commission. +(b) Commission staff shall include in the executive summary section of a staff report +a list of +references to any materials submitted for the public record that are determined not to relate to a matter within the commission’s jurisdiction, including information about how to locate copies of those +materials. +materials in an addendum. The addendum shall include instructions regarding the use of the information contained in these communications as a basis or influencing factor upon their decision +. +SEC. 3. +Section 30322 of the Public Resources Code is amended to read: +30322. +(a) For purposes of this article, except as provided in subdivision (b), an “ex parte communication” is any oral or written communication between a member of the commission and an interested person, about a matter within the commission’s jurisdiction, which does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. +(b) The following communications are not ex parte communications: +(1) Any communication between a staff member acting in his or her official capacity and any commission member or interested person. +(2) Any communication limited entirely to procedural issues, including, but not limited to, the hearing schedule, location, format, or filing date. +(3) Any communication which takes place on the record during an official proceeding of a state, regional, or local agency that involves a member of the commission who also serves as an official of that agency. +(4) Any communication between a member of the commission, with regard to any action of another state agency or of a regional or local agency of which the member is an official, and any other official or employee of that agency, including any person who is acting as an attorney for the agency. +(5) Any communication between a nonvoting commission member and a staff member of a state agency where both the commission member and the staff member are acting in an official capacity. +(6) Any communication to a nonvoting commission member relating to an action pending before the commission, where the nonvoting commission member does not participate in that action, either through written or verbal communication, on or off the record, with other members of the commission. +(7) Any communication conducted by a commission member while acting in his or her capacity as a local government official and prior to the time the matter to which the communication applies was pending before the commission. +This paragraph shall not be construed to mean that any other commissioner has conducted an ex parte communication on a matter if the communication occurred before the matter was pending before the commission. +(8) Any project site visit conducted pursuant to subdivision (b) of Section 30324. +SEC. 4. +Section 30324 of the Public Resources Code is amended to read: +30324. +(a) No commission member, nor any interested person, shall intentionally conduct either of the following: +(1) An ex parte communication on a matter within the commission’s jurisdiction, as defined by Section 30321. +(2) An oral or written communication regarding a pending enforcement investigation that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. +(b) Notwithstanding subdivision (a), commission members and commission staff may conduct a project site visit if the proposed site visit is approved by a majority vote of the commission and with the permission of the property owner. A description of the site visit shall be a part of the public record of the matter to which the project site pertains and any communications conducted during the site visit shall be limited to those between commission members and staff. +(c) (1) If a commission member, or any interested person, conducts a communication that is in violation of subdivision (a), the commission member shall fully disclose and make public the communication by providing a full report of the communication to the executive director within seven days after the communication or, if the communication occurs within seven days of the next commission hearing, to the commission in writing to be included on the record of the proceeding at that hearing. +(2) Notwithstanding Section 30327, if a commission member conducts a communication that is in violation of subdivision (a), he or she shall not vote on or otherwise participate in any commission proceeding to which the communication applies. +(d) (1) The commission shall adopt standard disclosure forms for reporting communications that are in violation of subdivision (a), which shall include, but not be limited to, all of the following information: +(A) The date, time, and location of the communication. +(B) (i) The identity of the person or persons initiating and the person or persons receiving the communication. +(ii) The identity of the person on whose behalf the communication was made. +(iii) The identity of all persons present during the communication. +(C) A complete, comprehensive description of the content of the communication, including a complete set of all text and graphic material that was part of the communication. +(2) The executive director shall place in the public record any report made pursuant to this section. +SEC. 5 +Section 30327.2 is added to the Public Resources Code, to read: +30327.2. +(a) The commission shall adopt, at a duly noticed public hearing, a +board +policy that prohibits a commission member or alternate from using or attempting to use his or her official position to place undue influence, as defined by Section 1575 of the Civil Code, on commission +staff. +staff, including, but not limited to, the contents of staff reports. +(b) This section shall not be construed to prohibit a commissioner or alternate from communicating with, or providing information to, commission staff members about matters before the commission. +(c) A commission member or alternate who willfully violates subdivision (a) is forever disqualified from holding any position at the commission. +(d) This section is intended to protect the public interest by ensuring that commission members and alternates do not unduly influence the contents of a staff report, analysis, or recommendation.","The California Coastal Act of 1976, establishes the California Coastal Commission, and prescribes the membership and functions and duties of the commission. The act requires the commission to meet at least 11 times annually at a place convenient to the public. +This bill would require the commission, commencing on or before July 1, 2017, to also provide +for +public +access to +participation at +all commission +meeting +meetings +via telephone and +video conferencing. +the Internet, as prescribed. +The bill would require the commission to include in the executive summary section of a staff report +a list of +references to any materials submitted for the public record that are determined not to relate to a matter within the commission’s jurisdiction. +For purposes of the act, an “ex parte communication” is defined as any oral or written communication between a member of the commission and an interested person, as defined, about a matter within the commission’s jurisdiction, as defined, that does not occur in a public hearing, workshop, or other official proceeding or on the official record of the proceeding on the matter, but excludes from that definition certain communications, including communications between a staff member acting in his or her official capacity and any commission member or interested person, as prescribed. The act prohibits a commission member and an interested person from conducting an ex parte communication unless the member fully discloses and makes public the ex parte communication, as specified, and prohibits a commission member or alternate from making, participating in making, or in any other way attempting to use his or her official position to influence a commission decision about which the member or alternate has knowingly had an ex parte communication that has not been reported. +This bill would prohibit a commission member or an interested person from intentionally conducting any ex parte communication on a matter within the commission’s jurisdiction, as defined, or any oral or written communication regarding a pending enforcement investigation that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. The bill would require a commission member to report these communications in writing, would require the report to be placed in the public record, and would prohibit a commission member from voting on or otherwise participating in any commission proceeding to which one of these communications applies, even if the communication is reported. The bill would exclude from the above provisions a project site visit by commission members and staff that meets certain requirements and communications conducted by a commission member while acting in his or her capacity as a local government official, as specified. +This bill would also require the commission to adopt, at a duly noticed public hearing, a policy that prohibits a commission member from using or attempting to use his or her official position to place undue influence, as defined, on commission staff. The bill would forever disqualify a commission member or alternate who willfully violates that provision from holding any position at the commission.","An act to amend Sections 30315, 30321, 30322, and 30324 of, and to add Section 30327.2 to, the Public Resources Code, relating to the California Coastal Commission." +332,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 5273.1 is added to the Business and Professions Code, to read: +5273.1. +(a) Notwithstanding Section 5273 and the dissolution of a state redevelopment agency, and subject to subdivision (b), for purposes of this section, an advertising display location that advertised businesses and activities within the boundary limits of the City of Inglewood may continue to exist and advertise businesses or activities operating outside the redevelopment project area. It shall be considered an on-premises display, as defined in Section 5490, if the advertising display meets all of the following conditions: +(1) The advertising display is located within the boundary limits of the City of Inglewood. +(2) The advertising display was constructed on or before January 1, 2012. +(3) The advertising display is adjacent to Interstate 405 and located at either postmile 22.36L or 22.38L north of Century Boulevard. +(4) The advertising display does not cause the reduction of federal aid highway funds provided pursuant to Section 131 of Title 23 of the United States Code. If an advertising display authorized under this section is subject to a notice from the United States Department of Transportation, the Federal Highway Administration, or any other applicable federal agency to the state that the operation of that display will result in the reduction of federal aid highway funds as provided in Section 131 of Title 23 of the United States Code, the display owner or operator shall remove all advertising copy from the display within 60 days after the date the state notifies the owner or operator, and the City of Inglewood, by certified mail, of the receipt of the federal notice. Failure to remove the advertising copy pursuant to this paragraph shall result in a civil fine, imposed by the California Department of Transportation, of ten thousand dollars ($10,000) per day until the advertising copy is removed. The department shall not assume any liability in connection with the cessation of operation or removal of an advertising display or advertising copy pursuant to this paragraph. If the name of the owner or operator of the display is not indicated on the display, the state is only required to send the notice to the City of Inglewood. +(b) An advertising display described in subdivision (a) may remain until January 1, 2023, after which date the display shall be removed, unless it otherwise qualifies as a lawful advertising display pursuant to this section, without the payment of any compensation to the owner or operator. On and after January 1, 2022, the City of Inglewood may for good cause request from the department an extension beyond January 1, 2023, not to exceed the expiration of the redevelopment project area. “Good cause” for these purposes means that all of the following are satisfied: (1) there has been a finding by the City of Inglewood that the advertising display has had a positive economic impact on the redevelopment project area and provides a public benefit, (2) there have been no violations by the display owner or operator of this section or of any applicable illumination standards in the previous 10 years that have not been corrected within 30 days of the date of mailing of a violation notice to the owner or operator by the department, and (3) there has been compliance by the owner and operator with all other standards adopted by the City of Inglewood or by the department. +(c) The City of Inglewood shall be responsible for ensuring that an advertising display is consistent with this section and provides a public benefit. This provision shall not be construed to preclude any enforcement authority of the department under this chapter. +(d) The City of Inglewood shall annually certify to the department, by December 31 of each year, that at least 10 percent of the advertising copy, up to a maximum of 100 square feet, is used to display the address or location or locations of the business or activity or to identify the route to the business or activity from the nearest freeway offramp. The department may independently review compliance with this certification. An advertising display subject to this section shall be removed if it is in violation of this section more than three times within a 10-year period and the violation has not been corrected within 30 days of the date of mailing of a violation notice to the owner or operator by the department. +(e) The City of Inglewood shall have primary responsibility for ensuring that the advertising display authorized pursuant to this section remains in conformance with all of the provisions of this section. If the City of Inglewood fails to do so within 30 days of the date of mailing of a notice to the city by the department, the city shall hold the department harmless and indemnify the department for all costs incurred by the department to ensure compliance with this section or to defend actions challenging the authorization of displays pursuant to this section. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 3. +Due to unique circumstances concerning the location of the advertising displays, or proposed advertising displays, set forth in this act and the need for advertising in that location, it is necessary that an exemption from some of the provisions of the Outdoor Advertising Act be provided for those displays, and the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.","Existing law, the Outdoor Advertising Act, provides for the regulation by the Department of Transportation of advertising displays, as defined, within view of public highways. The act regulates the placement of off-premises advertising displays along highways that generally advertise business conducted or services rendered or goods produced or sold at a location other than the property upon which the display is located. A violation of the act is a crime. +The act also provides that an advertising display advertising businesses and activities developed within the boundary limits of, and as a part of, an individual redevelopment agency project, as those project boundaries existed on December 29, 2011, may remain and be considered an on-premises display, until January 1, 2023, if the advertising display meets specified criteria. The act further authorizes, on and after January 1, 2022, the applicable city, county, or city and county to request from the department an extension for good cause, as specified, beyond January 1, 2023, not to exceed the expiration of the redevelopment project area. +This bill would authorize under similar provisions the advertising of businesses or activities operating outside a redevelopment project area but within the boundaries of the City of Inglewood. The bill would impose certain duties on the City of Inglewood regarding advertising displays. By increasing the level of service provided by the city, the bill would impose a state-mandated local program. +The bill would also make findings and declarations as to the need for a special statute relating to the City of Inglewood. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 5273.1 to the Business and Professions Code, relating to outdoor advertising." +333,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25417.5 of the Public Resources Code is amended to read: +25417.5. +(a) In furtherance of the purposes of the commission as set forth in this chapter, the commission has the power and authority to do all of the following: +(1) Borrow money, for the purpose of obtaining funds to make loans pursuant to this chapter, from the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, and the California Consumer Power and Conservation Financing Authority from the proceeds of revenue bonds issued by any of those agencies. +(2) Pledge collateral to secure the repayment of moneys borrowed pursuant to paragraph (1) or of bonds or other borrowings by the California Infrastructure and Economic Development Bank. The commission may pledge, as collateral for these purposes, the loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440) or the principal and interest payments on loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440). These pledges shall be subject to Chapter 5.5 (commencing with Section 5450) of Division 6 of Title 1 of the Government Code. +(3) Sell loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440), at prices determined in the sole discretion of the commission, to the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, and the California Consumer Power and Conservation Financing Authority to raise funds to enable the commission to make loans to eligible institutions. +(4) Enter into loan agreements or other contracts necessary or appropriate in connection with the pledge or sale of loans pursuant to paragraph (2) or (3), or the borrowing of money as provided in paragraph (1), containing any provisions that may be required by the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, or the California Consumer Power and Conservation Financing Authority as conditions of issuing bonds to fund loans to, or the purchase of loans from, the commission. +(b) In connection with the pledging of loans, or of the principal and interest payment on loans, pursuant to paragraph (2) of subdivision (a), the commission may enter into pledge agreements setting forth the terms and conditions pursuant to which the commission is pledging loans or the principal and interest payment on loans, including the pledging of loans or the principal and interest payment on loans as collateral to secure the repayment of bonds or other borrowings by the California Infrastructure and Economic Development Bank, and may also agree to have the loans held by bond trustees or by independent collateral or escrow agents and to direct that payments received on those loans be paid to those trustee, collateral, or escrow agents. +(c) The commission may employ financial consultants, legal advisers, accountants, and other service providers, as may be necessary in its judgment, in connection with activities pursuant to this chapter. +(d) Notwithstanding any other provision of law, this chapter provides a complete, separate, additional, and alternative method for implementing the measures authorized by this chapter, including the authority of the eligible institutions or local jurisdictions to have borrowed and to borrow in the future pursuant to loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440), and is supplemental and additional to powers conferred by other laws. +SEC. 2. +Section 25421 of the Public Resources Code is amended to read: +25421. +(a) Except as provided in subdivision (b), this chapter shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2028, deletes or extends that date. +(b) Except as specified in subdivisions (c) and (d), all loans outstanding as of January 1, 2028, shall continue to be repaid on a semiannual basis, as specified in Section 25415, until paid in full. All unexpended funds in the State Energy Conservation Assistance Account on January 1, 2028, and after that date, shall revert to the General Fund. +(c) To the extent required under applicable bond obligations, unexpended funds from the proceeds of bonds sold pursuant to Section 25417.5 that remain in the State Energy Conservation Assistance Account on January 1, 2028, shall remain in the account. These funds shall be expended pursuant to the applicable requirements for bond proceeds. Once all applicable bond obligations have been satisfied, unexpended funds shall revert to the General Fund. +(d) Unexpended funds from the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) remaining in the State Energy Conservation Assistance Account on January 1, 2028, shall revert to the Federal Trust Fund.","Existing law requires the State Energy Resources Conservation and Development Commission to administer the State Energy Conservation Assistance Account, a continuously appropriated account in the General Fund, to provide grants and loans, until January 1, 2018, to schools, hospitals, public care institutions, and local governments to maximize energy use savings. For this purpose, existing law authorizes the commission, among other things, to borrow moneys from specified entities, including the California Infrastructure and Economic Development Bank, as specified, and pledge specified loans or the principal and interest payments on those loans to provide collateral in connection with those borrowed moneys. Existing law also authorizes the commission to enter into pledge agreements setting forth the terms and conditions pursuant to which the commission is making those pledges. +This bill would extend the operation of all of those provisions to January 1, 2028, and would thereby make an appropriation by extending the time during which the funds deposited in a continuously appropriated account are made available for expenditure. The bill would authorize the commission to pledge collateral to secure the repayment of bonds or other borrowings by the California Infrastructure and Economic Development Bank. The bill would also expressly authorize the commission to enter into pledge agreements pursuant to which the commission is pledging collateral to secure the repayment of bonds or other borrowings by the California Infrastructure and Economic Development Bank.","An act to amend Sections 25417.5 and 25421 of the Public Resources Code, relating to energy, and making an appropriation therefor." +334,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) In order to create a statewide disaster preparedness, response, and recovery system and to facilitate the reach of local services to vulnerable populations, this act is established to expand 2-1-1 services to all areas of California that do not currently have access to this vital service. +(2) 2-1-1 service is a free, accessible, three-digit telephone number that gives everyone in covered areas access to needed community services. First established in 2005, 2-1-1 service now covers 38 California counties. It is available 24 hours a day, seven days a week, allowing residents to access information about health and human services, emergency care, crisis intervention, and disaster preparedness, response, and recovery when they need it most. +(3) 2-1-1 service is a natural hub for disaster-related information and plays a critical role during emergencies and disasters, such as fires, floods, earthquakes, terrorist attacks, and epidemics, reducing nonemergency call volume on 9-1-1 lines, which frees up emergency responders to deal with true life-or-death situations, thus leveraging local public safety resources. +(4) 2-1-1 service also increases the reach of government, nonprofit, and community programs by offering callers information on and access to a variety of health and human services, rent and utility assistance, physical and mental health resources, employment opportunities, support for older Americans and persons with disabilities, and support for families with special needs. +(5) 2-1-1 service call centers are staffed with highly trained specialists who have expertise in navigating the web of health and human services in a particular community and who have up-to-date information and guidance for callers in times of disaster. +(6) 2-1-1 service call center specialists are able to answer calls in over 150 different languages; they are able to provide critical health information to otherwise hard-to-reach ethnic populations. +(7) Twenty rural counties in California currently do not have access to 2-1-1 services, creating holes in referral services and disaster response capability. +(b) It is the intent of the Legislature, in enacting this act, to facilitate the expansion of 2-1-1 services into those counties in California where they are lacking and to support a comprehensive statewide database that will connect all callers to the information and referrals they need. +(c) It is the intent of the Legislature to facilitate access to disaster preparedness, response, and recovery information, and referral services, uniformly in the state, especially in hard-to-serve rural areas, through a universally available 2-1-1 telephone service. +SEC. 2. +Section 280 of the Public Utilities Code is amended to read: +280. +(a) The commission shall develop, implement, and administer a program to advance universal service by providing discounted rates to qualifying schools maintaining kindergarten or any of grades 1 to 12, inclusive, community colleges, libraries, hospitals, health clinics, and community organizations, consistent with Chapter 278 of the Statutes of 1994. +(b) There is hereby created the California Teleconnect Fund Administrative Committee, which is an advisory board to advise the commission regarding the development, implementation, and administration of a program to advance universal service by providing discounted rates to qualifying schools maintaining kindergarten or any of grades 1 to 12, inclusive, community colleges, libraries, hospitals, health clinics, and community organizations, consistent with Chapter 278 of the Statutes of 1994, and to carry out the program pursuant to the commission’s direction, control, and approval. +(c) All revenues collected by telephone corporations in rates authorized by the commission to fund the program specified in subdivision (a) shall be submitted to the commission pursuant to a schedule established by the commission. The commission shall transfer the moneys received to the Controller for deposit in the California Teleconnect Fund Administrative Committee Fund. All interest earned by moneys in the fund shall be deposited in the fund. +(d) Except as provided in subdivisions (e) and (g), moneys appropriated from the California Teleconnect Fund Administrative Committee Fund to the commission shall be utilized exclusively by the commission for the program specified in subdivision (a), including all costs of the board and the commission associated with the administration and oversight of the program and the fund. +(e) Moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003 are subject to Section 16320 of the Government Code. If the commission determines a need for moneys in the California Teleconnect Fund Administrative Committee Fund, the commission shall notify the Director of Finance of the need, as specified in Section 16320 of the Government Code. The commission may not increase the rates authorized by the commission to fund the program specified in subdivision (b) while moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003 are outstanding unless both of the following conditions are satisfied: +(1) The Director of Finance, after making a determination pursuant to subdivision (b) of Section 16320 of the Government Code, does not order repayment of all or a portion of any loan from the California Teleconnect Fund Administrative Committee Fund within 30 days of notification by the commission of the need for the moneys. +(2) The commission notifies the Director of Finance and the Chairperson of the Joint Legislative Budget Committee in writing that it intends to increase the rates authorized by the commission to fund the program specified in subdivision (a). The notification required pursuant to this paragraph shall be made 30 days in advance of the intended rate increase. +(f) Subdivision (e) shall become inoperative upon full repayment or discharge of all moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003. +(g) (1) Consistent with Decision 11-09-016 (September 8, 2011) Decision Granting Authority to Provide Emergency Access to 211 Services in Counties and Localities Without Existing 211 Centers and to Appoint a 211 Lead Entity, if it determines that doing so is an appropriate use of funds collected from ratepayers, the commission may expend up to one million five hundred thousand dollars ($1,500,000) from the California Teleconnect Fund Administrative Committee Fund for one-time costs to help close 2-1-1 service gaps in counties lacking access to disaster preparedness, response, and recovery information and referral services, where technically feasible, through available 2-1-1 service. As the lead agency appointed by the commission in Decision 11-09-016, 2-1-1 California may apply to the commission for use of the funds in the counties that lack 2-1-1 service. If the commission determines that doing so is an appropriate use of funds collected from ratepayers, these costs may include local implementation of a coordinated database that is owned by a city or county to provide referrals to help with nonemergency aspects of disaster planning, recovery, and response. +(2) This subdivision shall become inoperative on January 1, 2023.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. The Federal Communications Commission (FCC), pursuant to its existing authority over the North American Numbering Plan, has established several abbreviated dialing codes, including designating the number 9-1-1 for persons to dial to obtain emergency services, designating the number 3-1-1 for persons to dial for nonemergency police assistance, and designating the number 2-1-1 for persons to dial to obtain information about, and referral to, community social services. Pursuant to authority delegated by the FCC to state regulatory bodies and its existing statutory authority, the Public Utilities Commission has established procedures for implementing 2-1-1 dialing in California. +This bill would state the intent of the Legislature to facilitate the expansion of 2-1-1 services into those counties in California where they are lacking and to support a comprehensive statewide database that will connect all callers to information and referrals they need. The bill would additionally state the intent of the Legislature to facilitate access to disaster preparedness, response, and recovery information, and referral services, uniformly in the state, especially in hard-to-serve rural areas, through a universally available telephone service. +Existing law requires the commission to develop, implement, and administer a program to advance universal service by providing discounted rates to qualifying schools, community colleges, libraries, hospitals, health clinics, and community organizations. Existing law requires that all revenues collected by telephone corporations in rates authorized by the commission to fund this program be deposited in the California Teleconnect Fund Administrative Committee Fund. Existing law provides that moneys in the fund are held in trust and may be expended only upon appropriation in the annual Budget Act or upon supplemental appropriation and requires that all moneys appropriated to the commission from the fund be used exclusively for the program. +If the commission determines that doing so is an appropriate use of funds collected from ratepayers, the bill would, until January 1, 2023, authorize the commission to expend up to $1,500,000 from the fund to help close 2-1-1 service gaps in counties lacking access to disaster preparedness, response, and recovery information and referral services, where technically feasible, through available 2-1-1 service.","An act to amend Section 280 of the Public Utilities Code, relating to telecommunications." +335,"The people of the State of California do enact as follows: + + +SECTION 1. +The heading of Article 1.5 (commencing with Section 10506.4) of Chapter 2.1 of Part 2 of Division 2 of the Public Contract Code is amended to read: +Article 1.5. Best Value Construction Contracting Pilot Program +SEC. 2. +Section 10506.4 of the Public Contract Code is amended to read: +10506.4. +(a) This article provides the Best Value Construction Contracting Pilot Program for the Regents of the University of California for projects over one million dollars ($1,000,000). +(b) The Regents of the University of California shall let any contract for a project pursuant to this article to the lowest responsible bidder or else reject all bids. +(c) The lowest responsible bidder may be selected on the basis of the best value to the university, as defined in Section 10506.5. In order to implement this method of selection, the Regents of the University of California shall adopt and publish procedures and required guidelines for evaluating the qualifications of the bidders that ensure that best value selections by the university are conducted in a fair and impartial manner. These procedures and guidelines shall conform to the requirements of Sections 10506.6 and 10506.7 and shall be mandatory for the university when using best value selection. +(d) If one or more of the bids is substantially equal to the lowest bid, and at least one of those bidders is a disadvantaged business enterprise, a women business enterprise, or a disabled veteran business enterprise, the regents may award the contract in accordance with the policies and procedures adopted pursuant to Section 10500.5. +(e) If the regents deem it to be for the best interest of the university, the regents may, on the refusal or failure of the successful bidder for a project to execute a tendered contract, award it to the second lowest responsible bidder. If the second lowest bidder fails or refuses to execute the contract, the regents may likewise award it to the third lowest responsible bidder. +SEC. 3. +Section 10506.5 of the Public Contract Code is amended to read: +10506.5. +For purposes of this article, the following definitions apply: +(a) “Best value” means a procurement process whereby the lowest responsible bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications. +(b) “Best value contract” means a contract entered into pursuant to the provisions of this article. +(c) “Best value contractor” means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract. +(d) “Demonstrated management competency” means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity. +(e) “Financial condition” means the financial resources needed to perform the contract. The criteria used to evaluate a bidder’s financial condition shall include, at a minimum, capacity to obtain all required payment bonds, performance bonds, and liability insurance. +(f) “Labor compliance” means the ability to comply with, and past performance with, contract and statutory requirements for the payment of wages and qualifications of the workforce. The criteria used to evaluate a bidder’s labor compliance shall include, as a minimum, the bidder’s ability to comply with the apprenticeship requirements of the California Apprenticeship Council and the Department of Industrial Relations, its past conformance with such requirements, and its past conformance with requirements to pay prevailing wages on public works projects. +(g) “Qualifications” means financial condition, relevant experience, demonstrated management competency, labor compliance, the safety record of the bidder, and, if required by the bidding documents, some or all of the preceding qualifications as they pertain to subcontractors proposed to be used by the bidder for designated portions of the work. +(h) “Relevant experience” means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity. +(i) “Safety record” means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidder’s safety record shall include, as a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period. +(j) “University” means all locations of the University of California. +SEC. 4. +Section 10506.8 of the Public Contract Code is repealed. +SEC. 5. +Section 10506.9 of the Public Contract Code is amended to read: +10506.9. +This article shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. +SEC. 6. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law authorizes, through January 1, 2017, a pilot program for the Regents of the University of California to contract for certain types of projects on the university of the University of California based on the best value procedures, as specified. Existing law defines the term “university” to mean the campuses of the University of California, including the medical centers. The law requires, on or before January 1, 2016, the Regents of the University of California to report to specific committees of the Legislature regarding the pilot program, including, among other information, a description of the projects awarded using the best value procedures. +This bill would extend the provisions of the pilot program until January 1, 2018, and would repeal the reporting requirement. This bill would modify the definition of the term “university” to mean all locations of the University of California. +(2) By extending the requirement that bidders verify specified information under oath, this bill would impose a state-mandated local program by expanding the scope of an existing crime. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 10506.4 and 10506.5 of, to amend the heading of Article 1.5 (commencing with Section 10506.4) of Chapter 2.1 of Part 2 of Division 2 of, and to repeal Sections 10506.8 and 10506.9 of, the Public Contract Code, relating to public contracts." +336,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12814.6 of the Vehicle Code is amended to read: +12814.6. +(a) Except as provided in Section 12814.7, a driver’s license issued to a person at least 16 years of age but under 21 years of age shall be issued pursuant to the provisional licensing program contained in this section. The program shall consist of all of the following components: +(1) Upon application for an original license, the applicant shall be issued an instruction permit pursuant to Section 12509. A person who has in his or her immediate possession a valid permit issued pursuant to Section 12509 may operate a motor vehicle, other than a motorcycle or motorized bicycle, only when the person is either taking the driver training instruction referred to in paragraph (3) or practicing that instruction, provided the person is accompanied by, and is under the immediate supervision of, a California licensed driver 25 years of age or older whose driving privilege is not on probation. The age requirement of this paragraph does not apply if the licensed driver is the parent, spouse, or guardian of the permitholder or is a licensed or certified driving instructor. +(2) The person shall hold an instruction permit for not less than six months prior to applying for a provisional driver’s license. +(3) The person shall have complied with one of the following: +(A) Satisfactory completion of approved courses in automobile driver education and driver training maintained pursuant to provisions of the Education Code in any secondary school of California, or equivalent instruction in a secondary school of another state. +(B) Satisfactory completion of an integrated driver education and training program that is approved by the department and conducted by a driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5. The program shall utilize segmented modules, whereby a portion of the educational instruction is provided by, and then reinforced through, specific behind-the-wheel training before moving to the next phase of driver education and training. The program shall contain a minimum of 30 hours of classroom instruction and six hours of behind-the-wheel training. +(C) Satisfactory completion of six hours or more of behind-the-wheel instruction by a driving school or an independent driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 and either an accredited course in automobile driver education in any secondary school of California pursuant to provisions of the Education Code or satisfactory completion of equivalent professional instruction acceptable to the department. To be acceptable to the department, the professional instruction shall meet minimum standards to be prescribed by the department, and the standards shall be at least equal to the requirements for driver education and driver training contained in the rules and regulations adopted by the State Board of Education pursuant to the Education Code. A person who has complied with this subparagraph shall not be required by the governing board of a school district to comply with subparagraph (A) in order to graduate from high school. +(D) Except as provided under subparagraph (B), a student shall not take driver training instruction, unless he or she has successfully completed driver education. +(4) The person shall complete 50 hours of supervised driving practice prior to the issuance of a provisional license, which is in addition to any other driver training instruction required by law. Not less than 10 of the required practice hours shall include driving during darkness, as defined in Section 280. Upon application for a provisional license, the person shall submit to the department the certification of a parent, spouse, guardian, or licensed or certified driving instructor that the applicant has completed the required amount of driving practice and is prepared to take the department’s driving test. A person without a parent, spouse, guardian, or who is an emancipated minor, may have a licensed driver 25 years of age or older or a licensed or certified driving instructor complete the certification. This requirement does not apply to motorcycle practice. +(5) The person shall successfully complete an examination required by the department. Before retaking a test, the person shall wait for not less than one week after failure of the written test and for not less than two weeks after failure of the driving test. +(b) Except as provided in Section 12814.7, the provisional driver’s license shall be subject to all of the following restrictions: +(1) Except as specified in paragraph (2), during the first 12 months after issuance of a provisional license the licensee shall not do any of the following unless accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor: +(A) Drive between the hours of 11 p.m. and 5 a.m. +(B) Transport passengers who are under 20 years of age. +(2) A licensee may drive between the hours of 11 p.m. and 5 a.m. or transport an immediate family member without being accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor, in the following circumstances: +(A) Medical necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary. The licensee shall keep in his or her possession a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the necessity. +(B) +Schooling +School +or school-authorized activities of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary. +(i) The licensee shall keep in his or her possession a signed statement from the school principal, dean, or school staff member designated by the principal or dean, containing a probable date that the +schooling +school +or school-authorized activity will have been completed. +(ii) A licensee who is 18, 19, or 20 years of age may keep in his or her possession a copy of his or her class schedule as documentation to satisfy clause (i). +(C) Employment necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary. +(i) The licensee shall keep in his or her possession a signed statement from the employer, verifying employment and containing a probable date that the employment will have been completed. +(ii) A licensee who is 18, 19, or 20 years of age may keep in his or her possession a copy of his or her work schedule as documentation to satisfy clause (i). +(D) Necessity of the licensee or the licensee’s immediate family member when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary to transport the licensee or the licensee’s immediate family member. The licensee shall keep in his or her possession a signed statement from a parent or legal guardian verifying the reason and containing a probable date that the necessity will have ceased. If reasonable transportation facilities are inadequate and operation of a vehicle by a licensee who is 18, 19, or 20 years of age is necessary to transport the licensee or the licensee’s immediate family member, a signed statement by a parent or legal guardian is not required. +(E) The licensee is an emancipated minor. +(c) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of the restrictions imposed under subdivision (b). +(d) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether a driver who is subject to the license restrictions in subdivision (b) is in violation of Article 2.5 (commencing with Section 118947) of Chapter 4 of Part 15 of Division 104 of the Health and Safety Code. +(e) (1) Upon a finding that any licensee has violated paragraph (1) of subdivision (b), the court shall impose one of the following: +(A) Not less than eight hours nor more than 16 hours of community service for a first offense and not less than 16 hours nor more than 24 hours of community service for a second or subsequent offense. +(B) A fine of not more than thirty-five dollars ($35) for a first offense and a fine of not more than fifty dollars ($50) for a second or subsequent offense. +(2) If the court orders community service, the court shall retain jurisdiction until the hours of community service have been completed. +(3) If the hours of community service have not been completed within 90 days, the court shall impose a fine of not more than thirty-five dollars ($35) for a first offense and not more than fifty dollars ($50) for a second or subsequent offense. +(f) A conviction of paragraph (1) of subdivision (b), when reported to the department, shall not be disclosed as otherwise specified in Section 1808 or constitute a violation point count value pursuant to Section 12810. +(g) Any term of restriction or suspension of the driving privilege imposed on a person pursuant to this subdivision shall remain in effect until the end of the term even though the person becomes 21 years of age before the term ends. +(1) The driving privilege shall be suspended when the record of the person shows one or more notifications issued pursuant to Section 40509 or 40509.5. The suspension shall continue until any notification issued pursuant to Section 40509 or 40509.5 has been cleared. +(2) A 30-day restriction shall be imposed when a driver’s record shows a violation point count of two or more points in 12 months, as determined in accordance with Section 12810. The restriction shall require the licensee to be accompanied by a licensed parent, spouse, guardian, or other licensed driver 25 years of age or older, except when operating a class M vehicle, or so licensed, with no passengers aboard. +(3) A six-month suspension of the driving privilege and a one-year term of probation shall be imposed whenever a licensee’s record shows a violation point count of three or more points in 12 months, as determined in accordance with Section 12810. The terms and conditions of probation shall include, but not be limited to, both of the following: +(A) The person shall not violate any law that, if resulting in conviction, is reportable to the department under Section 1803. +(B) The person shall remain free from accident responsibility. +(h) Whenever action by the department under subdivision (g) arises as a result of a motor vehicle accident, the person may, in writing and within 10 days, demand a hearing to present evidence that he or she was not responsible for the accident upon which the action is based. Whenever action by the department is based upon a conviction reportable to the department under Section 1803, the person has no right to a hearing pursuant to Article 3 (commencing with Section 14100) of Chapter 3. +(i) The department shall require a person whose driving privilege is suspended or revoked pursuant to subdivision (g) to submit proof of financial responsibility as defined in Section 16430. The proof of financial responsibility shall be filed on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following the date of reinstatement. +(j) (1) Notwithstanding any other provision of this code, the department may issue a distinctive driver’s license, that displays a distinctive color or a distinctively colored stripe or other distinguishing characteristic, to persons at least 16 years of age and older but under 18 years of age, and to persons 18 years of age and older but under 21 years of age, so that the distinctive license feature is immediately recognizable. The features shall clearly differentiate between driver’s licenses issued to persons at least 16 years of age or older but under 18 years of age and to persons 18 years of age or older but under 21 years of age. +(2) If changes in the format or appearance of driver’s licenses are adopted pursuant to this subdivision, those changes may be implemented under any new contract for the production of driver’s licenses entered into after the adoption of those changes. +(k) The department shall include, on the face of the provisional driver’s license, the original issuance date of the provisional driver’s license in addition to any other issuance date. +(l) This section shall be known and may be cited as the Brady-Jared Teen Driver Safety Act of 1997. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Brady-Jared Teen Driver Safety Act of 1997, establishes a provisional licensing program and generally requires that a driver’s license issued to a person at least 16 years of age but under 18 years of age be issued pursuant to that provisional licensing program. During the first 12 months after issuance of a provisional license, existing law prohibits the licensee from driving between the hours of 11 p.m. and 5 a.m. and transporting passengers who are under 20 years of age, unless he or she is accompanied and supervised by a licensed driver, as specified, or a licensed or certified driving instructor. Existing law provides limited exceptions to these restrictions under which a licensee is authorized to drive under specified circumstances, including a +schooling +school +or school-authorized activity or an employment necessity, and requires the licensee to keep certain supporting documentation in his or her possession. A violation of these provisions is punishable as an infraction. +This bill would expand the scope of the provisional licensing program by extending the applicable age range for the program from 16 to under 18 years of age to 16 to under 21 years of age. By expanding the scope of the provisional licensing program, the violation of which constitutes an infraction, the bill would impose a state-mandated local program. The bill would authorize a licensee who is 18, 19, or 20 years of age to keep in his or her possession a copy of his or her class schedule or work schedule as documentation to satisfy the exceptions for +schooling +a school +or school-authorized activity and employment necessity, respectively, and would provide that a signed statement by a parent or legal guardian is not required if reasonable transportation facilities are inadequate and the operation of a vehicle by a licensee who is 18, 19, or 20 years of age is necessary to transport the licensee or the licensee’s immediate family member. The bill would make other +technical and +conforming changes. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 12814.6 of the Vehicle Code, relating to driver’s licenses." +337,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4652.5 of the Welfare and Institutions Code is amended to read: +4652.5. +(a) (1) An entity that receives payments from one or more regional centers shall contract with an independent accounting firm to obtain an independent audit or independent review report of its financial statements relating to payments made by regional centers, subject to both of the following: +(A) If the amount received from the regional center or regional centers during the entity’s fiscal year is more than or equal to five hundred thousand dollars ($500,000), but less than two million dollars ($2,000,000), the entity shall obtain an independent review report of its financial statements for the period. Consistent with Subchapter 21 (commencing with Section 58800) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, this subdivision shall also apply to work activity program providers receiving less than five hundred thousand dollars ($500,000). +(B) If the amount received from the regional center or regional centers during the entity’s fiscal year is equal to or more than two million dollars ($2,000,000), the entity shall obtain an independent audit of its financial statements for the period. +(2) This requirement does not apply to payments made using usual and customary rates, as defined by Title 17 of the California Code of Regulations, for services provided by regional centers. +(3) This requirement does not apply to state and local governmental agencies, the University of California, or the California State University. +(b) An entity subject to subdivision (a) shall provide copies of the independent audit or independent review report required by subdivision (a), and accompanying management letters, to the vendoring regional center within nine months of the end of the fiscal year for the entity. +(c) Regional centers that receive the audit or review reports required by subdivision (b) shall review and require resolution by the entity for issues identified in the report that have an impact on regional center services. Regional centers shall take appropriate action, up to termination of vendorization, for lack of adequate resolution of issues. +(d) (1) Regional centers shall notify the department of all qualified opinion reports or reports noting significant issues that directly or indirectly impact regional center services within 30 days after receipt. Notification shall include a plan for resolution of issues. +(2) A regional center shall submit copies of all independent audit reports that it receives to the department for review. The department shall compile data, by regional center, on vendor compliance with audit requirements and opinions resulting from audit reports and shall annually publish the data in the performance dashboard developed pursuant to Section 4572. +(e) For purposes of this section, an independent review of financial statements shall be performed by an independent accounting firm and shall cover, at a minimum, all of the following: +(1) An inquiry as to the entity’s accounting principles and practices and methods used in applying them. +(2) An inquiry as to the entity’s procedures for recording, classifying, and summarizing transactions and accumulating information. +(3) Analytical procedures designed to identify relationships or items that appear to be unusual. +(4) An inquiry about budgetary actions taken at meetings of the board of directors or other comparable meetings. +(5) An inquiry about whether the financial statements have been properly prepared in conformity with generally accepted accounting principles and whether any events subsequent to the date of the financial statements would have a material effect on the statements under review. +(6) Working papers prepared in connection with a review of financial statements describing the items covered as well as any unusual items, including their disposition. +(f) For purposes of this section, an independent review report shall cover, at a minimum, all of the following: +(1) Certification that the review was performed in accordance with standards established by the American Institute of Certified Public Accountants. +(2) Certification that the statements are the representations of management. +(3) Certification that the review consisted of inquiries and analytical procedures that are lesser in scope than those of an audit. +(4) Certification that the accountant is not aware of any material modifications that need to be made to the statements for them to be in conformity with generally accepted accounting principles. +(g) The department shall not consider a request for adjustments to rates submitted in accordance with Title 17 of the California Code of Regulations by an entity receiving payments from one or more regional centers solely to fund either anticipated or unanticipated changes required to comply with this section. +(h) (1) An entity required to obtain an independent review report of its financial statement pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may apply to the regional center for, and the regional center shall grant, a two-year exemption from the independent review report requirement if the regional center does not find issues in the prior year’s independent review report that have an impact on regional center services. +(2) An entity required to obtain an independent audit of its financial statements pursuant to subparagraph (B) of paragraph (1) of subdivision (a) may apply to the regional center for an exemption from the independent audit requirement, subject to both of the following conditions: +(A) If the independent audit for the prior year resulted in an unmodified opinion or an unmodified opinion with additional communication, the regional center shall grant the entity a two-year exemption. +(B) If the independent audit for the prior year resulted in a qualified opinion and the issues are not material, the regional center shall grant the entity a two-year exemption. The entity and the regional center shall continue to address issues raised in this independent audit, regardless of whether the exemption is granted. +(3) A regional center shall annually report to the department any exemptions granted pursuant to this subdivision. +(i) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. +SEC. 2. +Section 4652.5 is added to the Welfare and Institutions Code, to read: +4652.5. +(a) (1) An entity that receives payments from one or more regional centers shall contract with an independent accounting firm to obtain an independent audit or independent review report of its financial statements relating to payments made by regional centers, subject to both of the following: +(A) If the amount received from the regional center or regional centers during each state fiscal year is more than or equal to five hundred thousand dollars ($500,000), but less than two million dollars ($2,000,000), the entity shall obtain an independent review report of its financial statements for the entity’s fiscal year that includes the last day of the most recent state fiscal year. Consistent with Subchapter 21 (commencing with Section 58800) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, this subdivision shall also apply to work activity program providers receiving less than five hundred thousand dollars ($500,000). +(B) If the amount received from the regional center or regional centers during each state fiscal year is equal to or more than two million dollars ($2,000,000), the entity shall obtain an independent audit of its financial statements for the entity’s fiscal year that includes the last day of the most recent state fiscal year. +(2) This requirement does not apply to payments made using usual and customary rates, as defined by Title 17 of the California Code of Regulations, for services provided by regional centers. +(3) This requirement does not apply to state and local governmental agencies, the University of California, or the California State University. +(b) An entity subject to subdivision (a) shall provide copies of the independent audit or independent review report required by subdivision (a), and accompanying management letters, to the vendoring regional center within nine months of the end of the entity’s fiscal year. +(c) Regional centers that receive the audit or review reports required by subdivision (b) shall review and require resolution by the entity for issues identified in the report that have an impact on regional center services. Regional centers shall take appropriate action, up to termination of vendorization, for lack of adequate resolution of issues. +(d) (1) Regional centers shall notify the department of all qualified opinion reports or reports noting significant issues that directly or indirectly impact regional center services within 30 days after receipt. Notification shall include a plan for resolution of issues. +(2) A regional center shall submit copies of all independent audit reports that it receives to the department for review. The department shall compile data, by regional center, on vendor compliance with audit requirements and opinions resulting from audit reports and shall annually publish the data in the performance dashboard developed pursuant to Section 4572. +(e) For purposes of this section, an independent review of financial statements shall be performed by an independent accounting firm and shall cover, at a minimum, all of the following: +(1) An inquiry as to the entity’s accounting principles and practices and methods used in applying them. +(2) An inquiry as to the entity’s procedures for recording, classifying, and summarizing transactions and accumulating information. +(3) Analytical procedures designed to identify relationships or items that appear to be unusual. +(4) An inquiry about budgetary actions taken at meetings of the board of directors or other comparable meetings. +(5) An inquiry about whether the financial statements have been properly prepared in conformity with generally accepted accounting principles and whether any events subsequent to the date of the financial statements would have a material effect on the statements under review. +(6) Working papers prepared in connection with a review of financial statements describing the items covered as well as any unusual items, including their disposition. +(f) For purposes of this section, an independent review report shall cover, at a minimum, all of the following: +(1) Certification that the review was performed in accordance with standards established by the American Institute of Certified Public Accountants. +(2) Certification that the statements are the representations of management. +(3) Certification that the review consisted of inquiries and analytical procedures that are lesser in scope than those of an audit. +(4) Certification that the accountant is not aware of any material modifications that need to be made to the statements for them to be in conformity with generally accepted accounting principles. +(g) The department shall not consider a request for adjustments to rates submitted in accordance with Title 17 of the California Code of Regulations by an entity receiving payments from one or more regional centers solely to fund either anticipated or unanticipated changes required to comply with this section. +(h) (1) An entity required to obtain an independent review report of its financial statement pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may apply to the regional center for, and the regional center shall grant, a two-year exemption from the independent review report requirement if the regional center does not find issues in the prior year’s independent review report that have an impact on regional center services. +(2) An entity required to obtain an independent audit of its financial statements pursuant to subparagraph (B) of paragraph (1) of subdivision (a) may apply to the regional center for an exemption from the independent audit requirement, subject to both of the following conditions: +(A) If the independent audit for the prior year resulted in an unmodified opinion or an unmodified opinion with additional communication, the regional center shall grant the entity a two-year exemption. +(B) If the independent audit for the prior year resulted in a qualified opinion and the issues are not material, the regional center shall grant the entity a two-year exemption. The entity and the regional center shall continue to address issues raised in this independent audit, regardless of whether the exemption is granted. +(3) A regional center shall annually report to the department any exemptions granted pursuant to this subdivision. +(i) This section shall become operative on January 1, 2018.","Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is authorized to contract with regional centers to provide services and supports to individuals with developmental disabilities. Existing law requires an entity that receives payments from one or more regional centers to obtain an independent audit or independent review report of its financial statements based upon the amount it receives from the regional center or regional centers during the entity’s fiscal year. +This bill would, commencing January 1, 2018, instead require the entity to obtain an independent review report or an independent audit of its financial statements based upon the amount it receives from the regional center or regional centers during each state fiscal year. +Existing law requires regional centers to notify the department of all qualified opinion reports or reports noting significant issues that directly or indirectly impact regional center services within 30 days after receipt. +This bill would also require a regional center to submit copies of all independent audit reports that it receives to the department for review. The bill would require the department to compile data, by regional center, on vendor compliance with audit requirements and opinions resulting from audit reports and to annually publish the data in a performance dashboard.","An act to amend, repeal, and add Section 4652.5 of the Welfare and Institutions Code, relating to developmental services." +338,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares the following: +(1) On October 12, 2010, the federal Secure and Responsible Drug Disposal Act of 2010 (Public Law 111-273; hereafter referred to as the Disposal Act) was enacted. Before the Disposal Act, individuals who wanted to dispose of unused, unwanted, or expired pharmaceutical controlled substances had limited disposal options. The federal Controlled Substances Act (21 U.S.C. Sec. 801 et seq.; hereafter referred to as the CSA) only permitted individuals to destroy those substances themselves (e.g., by flushing or discarding), surrender them to law enforcement, or seek assistance from the federal Drug Enforcement Administration (DEA). These restrictions resulted in the accumulation of pharmaceutical controlled substances in household medicine cabinets that were available for abuse, misuse, diversion, and accidental ingestion. The Disposal Act amended the CSA to authorize specified individuals, referred to as “ultimate users,” to deliver their pharmaceutical controlled substances to another person for the purpose of disposal in accordance with regulations promulgated by the United States Attorney General. +(2) On September 9, 2014, the DEA issued its final rule governing the secure disposal of controlled substances by registrants and ultimate users. Those regulations implement the Disposal Act by expanding the options available to collect controlled substances from ultimate users for the purpose of disposal, including take-back events, mail-back programs, and collection receptacle locations. Those regulations, among other things, allow authorized manufacturers, distributors, reverse distributors, narcotic treatment programs, hospitals/clinics with an onsite pharmacy, and retail pharmacies to voluntarily administer mail-back programs and maintain collection receptacles. +(b) It is the intent of the Legislature, with the enactment of this act, to do both of the following: +(1) Encourage the good faith participation of federally authorized entities to maintain secure drug take-back bins on their premises for the convenience and public health and safety of prescription drug consumers and the proper disposal in the waste stream of the pharmaceutical waste contained in the bins. +(2) Limit the civil and criminal liability of participating entities that meet certain minimum standards and take reasonable care to ensure the health and safety of consumers and employees when maintaining secure drug take-back bins on their premises. +(c) The terms and conditions provided by subdivision (b) of Section 1714.24 of the Civil Code, as added by this act, shall be construed in a manner consistent with the requirements imposed by the DEA’s final rule governing the secure disposal of controlled substances (79 Fed. Reg. 53519-70 (September 9, 2014)) and any regulations promulgated by the state. +SEC. 2. +Section 1714.24 is added to the Civil Code, to read: +1714.24. +(a) For purposes of this section, the following definitions shall apply: +(1) “Collector” includes only those entities authorized by and registered with the federal Drug Enforcement Administration to receive a controlled substance for the purpose of destruction, if the entity is in good standing with any applicable licensing authority. +(2) “Compensation” means reimbursement or funds received from a customer to compensate for the cost incurred in obtaining, installing, or maintaining a secure drug take-back bin. “Compensation” does not include reimbursement or funds received from any other person or entity, other than a customer, to compensate for the costs incurred in obtaining, installing, or maintaining a secure drug take-back bin. +(3) “Home-generated pharmaceutical waste” means a pharmaceutical that is no longer wanted or needed by the consumer and includes any delivery system, such as pills, liquids, and inhalers. +(4) “Maintains” includes owning, leasing, operating, or otherwise hosting a secure drug take-back bin on the collector’s premises. +(5) “Pharmaceutical” means a prescription or over-the-counter human or veterinary drug, including, but not limited to, a drug as defined in Section 109925 of the Health and Safety Code and Section 321(g)(1) of Title 21 of the United States Code. “Pharmaceutical” includes controlled substances included in Schedule II, III, IV, or V of the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code), but does not include a controlled substance included in Schedule I. +(6) “Secure drug take-back bin” means a collection receptacle as described in Section 1317.75 of Title 21 of the Code of Federal Regulations. +(b) Any collector that maintains a secure drug take-back bin shall not be liable in a civil action, or be subject to criminal prosecution, for any injury or harm that results from the collector maintaining a secure drug take-back bin on its premises provided that the collector, not for compensation, acts in good faith to take all of the following steps to ensure the health and safety of consumers and employees and the proper disposal in the waste stream of the home-generated pharmaceutical waste contained in a secure drug take-back bin, unless the injury or harm results from the collector’s gross negligence or willful and wanton misconduct: +(1) Complies with all applicable state and federal laws and regulations relating to the collection of home-generated pharmaceutical waste for disposal in secure drug take-back bins, including, but not limited to, the federal Secure and Responsible Drug Disposal Act of 2010 (Public Law 111-273). +(2) Notifies local law enforcement and any local environmental health department as to the existence and location of any secure drug take-back bin on the collector’s premises and the status of the collector’s registration as a collector with the federal Drug Enforcement Administration. +(3) Ensures that the secure drug take-back bin is placed in a location that is regularly monitored by employees of the registered collector. +(4) Ensures that conspicuous signage is posted on the secure drug take-back bin that clearly notifies customers as to what controlled and noncontrolled substances are and are not acceptable for deposit into the bin, as well as the hours during which collection is allowed. +(5) Ensures that public access to the secure drug take-back bin is limited to hours in which employees of the registered collector are present and able to monitor the operation of the secure drug take-back bin. +(6) Regularly inspects the area surrounding the secure drug take-back bin for potential tampering or diversion. Record logs of those inspections shall be maintained and retained for two years, reflecting the date and time of the inspection, and the initials of the employee inspecting the area. The logs shall be maintained in writing or electronically and may be combined with logs required by state or federal regulations. The logs may be used to demonstrate regular inspection of the area. Other records or reports mandated by federal or state regulations shall also be retained for a minimum of two years unless regulations mandate a longer period. +(7) Notifies local law enforcement authorities of any suspected or known tampering, theft, or significant loss of controlled substances, within one business day of discovery. If the collector maintains daily business hours, this notification shall be made within one calendar day. +(8) Notify local law enforcement as to any decision to discontinue its voluntary collection of controlled substances and provide documentation of its written notification to the federal Drug Enforcement Administration’s Registration Unit as otherwise required under federal laws and regulations. +(c) Nothing in this section shall be construed to require entities that may qualify as a collector to acquire, maintain, or make available to the public a secure drug take-back bin on its premises.","Under existing law, the Medical Waste Management Act, the State Department of Public Health regulates the management and handling of medical waste, including pharmaceutical waste, as defined. The act generally prohibits a person from transporting, storing, treating, disposing, or causing the treatment of medical waste in a manner not authorized by the act. A violation of that provision is a crime. +Under existing law, everyone is generally responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter, has willfully or by want of ordinary care, brought the injury upon himself or herself. +This bill would provide that a collector, as defined, is not liable for civil damages, or subject to criminal prosecution, for any injury or harm that results from the collector maintaining a secure drug take-back bin on its premises provided that the collector, not for compensation, acts in good faith to take specified steps, including that the collector regularly inspects the area surrounding the secure drug take-back bin for potential tampering or diversion, to ensure the health and safety of consumers and employees and the proper disposal in the waste stream of home-generated pharmaceutical waste, as defined, contained in the bins.","An act to add Section 1714.24 to the Civil Code, relating to pharmaceutical waste." +339,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The issue of corruption in small charter cities across the state is an increasing and alarming trend, with no signs of slowing or stopping. +(b) Small charter cities such as the City of Vernon, the City of Bell, and the City of Industry have long histories of abuses of power within city limits, going back decades. Those abuses include inflated salaries for city officials, failing to establish minimum qualifications for key positions, fiscally risky bond issuances, misappropriation of public funds, city officials issuing loans to themselves, failure to plan basic municipal responsibilities such as energy purchases according to best practices, incorrectly classifying employees to obtain higher, unearned retirement benefits, forcing employees to work at will for the city council, buying residential properties and renting them at below-market rents to city workers, inadequate and self-serving contracting policies, routine violations of conflict-of-interest policies, and little or no restrictions on city-issued credit cards. +(c) The voter base in small charter cities is tightly managed by city officials. The housing units within these cities are controlled by city leaders and rented out to handpicked tenants at below-market cost, thus keeping the voter base indebted to those in power. Efforts to broaden the homeowning population have met with resistance from city leaders, with officials in one city cutting power to new residents in an effort to force them from their homes. +(d) Criminal charges have also been filed in some instances, furthering the notion that these cities should not govern themselves. Voter fraud, conspiracy, and misappropriation of public funds are some of the charges that have been investigated, and are still being investigated, in some cases. +(e) This corruption has taken a toll on voter trust, citizen confidence, and taxpayer funds. +(f) In January 2016, an audit was released by the Controller highlighting the lack of administrative and internal accounting controls. Out of the 79 control elements evaluated by the Controller, 85 percent was found to be inadequate. Of the ethical components evaluated, none were found to be adequate. +(g) Historically, cities with small population size were not authorized to adopt a charter for local governance. However, in 1970, the Constitution was amended to authorize any city to adopt a charter. Since then, California’s citizens have seen one after another small charter city become mired in corruption and the leaders of these cities enrich themselves at the expense of the California taxpayer. Ensuring that our citizens, no matter where they live, have an open, honest, and transparent government is a matter of statewide concern, and not a municipal affair, and as a result the Legislature has the authority and the responsibility to impose heightened governing requirements. Therefore, the Legislature finds and declares that the provisions of this act are not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but are instead a matter of statewide concern. +SEC. 2. +Section 34096 is added to the Government Code, to read: +34096. +Notwithstanding any other law, all of the following shall apply to a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992: +(a) No more than 5 percent of the city’s total city-owned housing may be occupied by any of the following persons: +(1) Employees or officers of the city, including the family of employees or officers of the city. +(2) Persons that contract with the city, including employees of persons or companies that contract with the city, and including the family of persons who contract with the city and the family of employees of persons or companies that contract with the city. +(b) The city shall make an annual disclosure of all property owned by the city, wherever that property is situated. +(c) The city shall conduct an annual audit that utilizes internal control components and elements based on the guidelines established by the Government Accountability Office’s Internal Control Management and Evaluation Tool. The city shall substantially comply with those guidelines. +(d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. +SEC. 3. +Section 36516.7 is added to the Government Code, to read: +36516.7. +(a) Notwithstanding any other law, the compensation for service on the city council of a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, shall not exceed $1,000 per month. +(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. +SEC. 4. +Section 1100.8 is added to the Public Contract Code, to read: +1100.8. +(a) Notwithstanding Section 1100.7, this code shall apply to contracts entered into by a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, including, but not limited to, contracts for the provision of waste collection and management services. +(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. +SEC. +5. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the concerns related to the governance of a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992. +SEC. 6. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SECTION 1. +Section 34450 of the +Government Code +is amended to read: +34450. +Any city or city and county may enact, amend, or repeal a charter for its own government pursuant to this article or Article 3 (commencing with Section 9255) of Chapter 3 of Division 9 of the Elections Code.","Existing law +The California Constitution +authorizes any city or city and county to enact, amend, or repeal a charter for its own government, as specified. +A charter adopted pursuant to these provisions supersedes general laws of the state in regard to a municipal affair, and a city charter may specify various matters including, but not limited to, compensation of city +employees. +This bill would, until January 1, 2028, require a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, to conduct audits pursuant to a specified procedure and provide annual disclosures of property owned by the city, as specified. By increasing the duties of local officials, this bill would impose a state-mandated local program. The bill would, until January 1, 2028, additionally prohibit a city meeting this description from permitting more than 5% of any cityowned housing to be occupied by a city employee or officer, or person who contracts with the city, or their family. The bill would provide that until January 1, 2028, the compensation for service on the city council of a city meeting this description may not exceed $1,000 per month. +Existing law states that the Public Contract Code is the basis of all contracts between most public entities and their contractors and subcontractors. Existing law further states that, with regard to charter cities, the code applies unless there is an express exemption or a charter city ordinance or regulation that is in direct conflict with the code. +This bill would provide that until January 1, 2028, the Public Contract Code applies to a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, as specified. +This bill would declare that its provisions are a matter of statewide concern, and not a municipal affair. +This bill would make legislative findings and declarations as to the necessity of a special statute for a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +This bill would make a nonsubstantive change to this provision.","An act to +amend Section 34450 of +add and repeal Sections 34096 and 36516.7 of +the Government Code, +and to add and repeal Section 1100.8 of the Public Contract Code, +relating to local government." +340,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 44011 of the Health and Safety Code is amended to read: +44011. +(a) All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially to obtain a certificate of compliance or noncompliance, except for the following: +(1) All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles. +(2) All motor vehicles that have been issued a certificate of compliance or noncompliance or a repair cost waiver upon a change of ownership or initial registration in this state during the preceding six months. +(3) All motor vehicles manufactured prior to the 1976 model year or all motor vehicles manufactured after the +1976 +1975 +model year but prior to the 1981 model year that comply with paragraph (1) of subdivision (c). +(4) (A) Except as provided in subparagraph (B), all motor vehicles four or less model years old. +(B) Beginning January 1, 2005, all motor vehicles six or less model years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with respect to the state implementation plan required by the federal Clean Air Act. +(C) All motor vehicles excepted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply: +(i) The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emissions control system or would fail for other cause a smog check test as specified in Section 44012. +(ii) The vehicle was previously registered outside this state and is undergoing initial registration in this state. +(iii) The vehicle is being registered as a specially constructed vehicle. +(iv) The vehicle has been selected for testing pursuant to Section 44014.7 or any other provision of this chapter authorizing out-of-cycle testing. +(D) This paragraph does not apply to diesel-powered vehicles. +(5) In addition to the vehicles exempted pursuant to paragraph (4), any motor vehicle or class of motor vehicles exempted pursuant to subdivision (c) of Section 44024.5. It is the intent of the Legislature that the department, pursuant to the authority granted by this paragraph, exempt at least 15 percent of the lowest emitting motor vehicles from the biennial smog check inspection. +(6) All motor vehicles that the department determines would present prohibitive inspection or repair problems. +(7) Any vehicle registered to the owner of a fleet licensed pursuant to Section 44020 if the vehicle is garaged exclusively outside the area included in program coverage, and is not primarily operated inside the area included in program coverage. +(8) (A) All diesel-powered vehicles manufactured prior to the 1998 model year. +(B) All diesel-powered vehicles that have a gross vehicle weight rating of 8,501 to 10,000 pounds, inclusive, until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. +(C) All diesel-powered vehicles that have a gross vehicle weight rating from 10,001 pounds to 14,000 pounds, inclusive, until the state board and the Department of Motor Vehicles determine the best method for identifying these vehicles, and until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. +(D) All diesel-powered vehicles that have a gross vehicle weight rating of 14,001 pounds or greater. +(b) Vehicles designated for program coverage in enhanced areas shall be required to obtain inspections from appropriate smog check stations operating in enhanced areas. +(c) For purposes of subdivision (a), a collector motor vehicle, as defined in Section 259 of the Vehicle Code, is exempt from those portions of the test required by subdivision (f) of Section 44012 if the collector motor vehicle meets all of the following criteria: +(1) Submission of proof that the motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau. +(2) The motor vehicle is at least 35 model years old. +(3) The motor vehicle complies with the exhaust emissions standards for that motor vehicle’s class and model year, as prescribed by the department, and the motor vehicle passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks. +(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. +SEC. 2. +Section 44011 is added to the Health and Safety Code, to read: +44011. +(a) All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially to obtain a certificate of compliance or noncompliance, except for the following: +(1) All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles. +(2) All motor vehicles that have been issued a certificate of compliance or noncompliance or a repair cost waiver upon a change of ownership or initial registration in this state during the preceding six months. +(3) All motor vehicles manufactured prior to the 1976 model year. +(4) (A) Except as provided in subparagraph (B), all motor vehicles four or less model years old. +(B) All motor vehicles six or less model years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with respect to the state implementation plan required by the federal Clean Air Act. +(C) All motor vehicles excepted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply: +(i) The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emissions control system or would fail for other cause a smog check test as specified in Section 44012. +(ii) The vehicle was previously registered outside this state and is undergoing initial registration in this state. +(iii) The vehicle is being registered as a specially constructed vehicle. +(iv) The vehicle has been selected for testing pursuant to Section 44014.7 or any other provision of this chapter authorizing out-of-cycle testing. +(D) This paragraph does not apply to diesel-powered vehicles. +(5) In addition to the vehicles exempted pursuant to paragraph (4), any motor vehicle or class of motor vehicles exempted pursuant to subdivision (c) of Section 44024.5. It is the intent of the Legislature that the department, pursuant to the authority granted by this paragraph, exempt at least 15 percent of the lowest emitting motor vehicles from the biennial smog check inspection. +(6) All motor vehicles that the department determines would present prohibitive inspection or repair problems. +(7) Any vehicle registered to the owner of a fleet licensed pursuant to Section 44020 if the vehicle is garaged exclusively outside the area included in program coverage, and is not primarily operated inside the area included in program coverage. +(8) (A) All diesel-powered vehicles manufactured prior to the 1998 model year. +(B) All diesel-powered vehicles that have a gross vehicle weight rating of 8,501 to 10,000 pounds, inclusive, until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. +(C) All diesel-powered vehicles that have a gross vehicle weight rating from 10,001 pounds to 14,000 pounds, inclusive, until the state board and the Department of Motor Vehicles determine the best method for identifying these vehicles, and until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. +(D) All diesel-powered vehicles that have a gross vehicle weight rating of 14,001 pounds or greater. +(b) Vehicles designated for program coverage in enhanced areas shall be required to obtain inspections from appropriate smog check stations operating in enhanced areas. +(c) For purposes of subdivision (a), a collector motor vehicle, as defined in Section 259 of the Vehicle Code, is exempt from those portions of the test required by subdivision (f) of Section 44012 if the collector motor vehicle meets all of the following criteria: +(1) Submission of proof that the motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau. +(2) The motor vehicle is at least 35 model years old. +(3) The motor vehicle complies with the exhaust emissions standards for that motor vehicle’s class and model year as prescribed by the department, and the motor vehicle passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks. +(d) This section shall become operative on January 1, 2019.","Existing law establishes a motor vehicle inspection and maintenance (smog check) program that is administered by the Department of Consumer Affairs. The smog check program requires inspection of motor vehicles upon initial registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances. Existing law exempts specified vehicles from being inspected biennially upon renewal of registration, including, among others, all motor vehicles manufactured prior to the 1976 model year. +This bill, until January 1, 2019, would also exempt from the biennial smog check inspections all motor vehicles manufactured after the +1976 +1975 +model year but prior to the 1981 model year if the owner submits proof that the motor vehicle is insured as a collector motor vehicle.","An act to amend, repeal, and add Section 44011 of the Health and Safety Code, relating to vehicular air pollution." +341,"The people of the State of California do enact as follows: + + +SECTION 1. +Part 3 (commencing with Section 1000) is added to Division 1 of the Food and Agricultural Code, to read: +PART 3. Agricultural Innovation Zones Incentive Program +1000. +The Legislature finds and declares both of the following: +(a) It is the intent of the Legislature to support farmers in adopting environmental farming practices near schools and senior health care centers that are more resilient to the unavoidable consequences of climate change and that offer other societal and ecosystem benefits. +(b) It is further the intent of the Legislature that the department establish a voluntary agricultural innovation zones incentive program to provide incentives to farmers to adopt an agricultural innovation zone and employ environmental farming practices within that zone to protect the health and cognition of future California generations. The establishment of agricultural innovation zones in disadvantaged communities should be the highest priority. +1001. +Unless the context otherwise requires, the following definitions govern the construction of this part: +(a) “Agricultural innovation zone” means an area within ___ miles of the boundary of a school or senior health care center where farmers follow environmental farming practices. +(b) “Department” means the Department of Pesticide Regulation. +(c) “School” means any public or private facility used as a child day care facility, as defined in Section 1596.750 of the Health and Safety Code, or for kindergarten, elementary, or secondary school purposes. The term includes the buildings or structures, playgrounds, athletic fields, or any other area of property visited or used by pupils. “School” does not include any postsecondary educational facility. +(d) “Senior health care center” means any facility that is a licensed skilled nursing facility or licensed intermediate care facility, as defined in Section 1250 of the Health and Safety Code, or any facility that offers assisted living services, as defined in paragraph (5) of subdivision (a) of Section 1771 of the Health and Safety Code. +(e) “Disadvantaged community” has the same meaning as defined in Section 39711 of the Health and Safety Code. +(f) “Environmental farming practices” means practices that promote the well-being of ecosystems, air quality, public health, water quality, soil health, biodiversity, and wildlife and their habitat. Environmental farming practices include, but are not limited to, the following: +(1) The following federal Natural Resources Conservation Service conservation practices: +(A) Integrated pest management, practice code 595. +(B) Cover crops, practice code 340. +(C) Crop rotation, practice code 328. +(D) Reduced tillage, practice code 345. +(2) Federal Natural Resources Conservation Service conservation enhancements regarding plantings, soil quality, and water quality. +(3) Practices that improve soil health, decrease greenhouse gas emissions, or sequester carbon. +(4) Practices that avoid applications of pesticides other than those authorized as part of organic certification pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.). +1002. +(a) By January 1, 2018, the department, in consultation with the Department of Food and Agriculture, shall establish a voluntary incentive program for farmers who use environmental farming practices within an agricultural innovation zone and shall give priority to projects in agricultural innovation zones located in disadvantaged communities. +(b) The types of incentives available may include, but are not limited to, loans, grants, technical assistance, education, and demonstration projects. +(c) The department, in consultation with the Department of Food and Agriculture, shall establish specific criteria for determining which farming practices qualify as environmental farming practices. To be eligible for the program, applicants shall introduce at least one new environmental farming practice that qualifies pursuant to this subdivision. +(d) The department shall establish procedures for applicants to access the program and include a ranking system to determine which projects may have the greatest impact toward improving soil health or sequestering carbon. +(e) At least 50 percent of any funding available for the program shall be given to projects that avoid applications of pesticides other than those authorized as part of organic certification pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.). +(f) The department may determine whether an applicant may access incentives on the portion of their property that extends beyond the agricultural innovation zone on a case-by-case basis. +1003. +(a) By January 1, 2021, and by January 1 every three years thereafter, the department shall issue a report to the Legislature that details the impact of the voluntary agricultural innovation zones incentive program and includes successes and challenges regarding the process for distributing incentives and the projects that use the incentives. The report shall include, but not be limited to, data on all of the following: +(1) The total number of acres of farmland that have adopted environmental farming practices under the program. +(2) The total number of acres of farmland that have adopted each specific environmental farming practice under the program. +(3) The counties where projects under the program are located and how many projects are within those counties. +(4) The reduction of pesticide use achieved under the program. +(b) This report shall be submitted in compliance with Section 9795 of the Government Code. +1004. +The department and the Department of Food and Agriculture shall conduct the activities specified in this part with existing resources, to the extent they are available. +SECTION 1. +Section 563 is added to the +Food and Agricultural Code +, to read: +563. +The Legislature finds and declares both of the following: +(a)It is the intent of the Legislature to support farmers in adopting environmental farming practices near schools and day care centers that are more resilient to the unavoidable consequences of climate change and that offer other societal and ecosystem benefits. +(b)It is further the intent of the Legislature that the department establish agricultural innovation zones and prioritize incentives to farmers who maintain or intend to adopt an agricultural innovation zone to ensure the health and learning of future California generations and that the establishment of agricultural innovation zones in disadvantaged communities should be the highest priority. +SEC. 2. +Section 564 of the +Food and Agricultural Code +is amended to read: +564. +Unless the context otherwise requires, the following definitions govern the construction of this article: +(a)“Agricultural activities” means those activities that generate products as specified in Section 54004. +(b)“Agricultural innovation zone” means an area within one mile of a school or day care center where farmers follow environmental farming practices, including organic farming practices, that promote the well-being of ecosystems, air quality, public health, water quality, soil health, and wildlife and their habitat and that do not rely on synthetic inputs. +(c)“Department” means the Department of Food and Agriculture. +(d)“Panel” means the Scientific Advisory Panel on Environmental Farming. +(e)“Secretary” means the Secretary of Food and Agriculture. +SEC. 3. +Section 566 of the +Food and Agricultural Code +is amended to read: +566. +(a)The department shall establish and oversee an environmental farming program. The program shall provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, public health, water quality, soil health, and wildlife and their habitat. +(b)As part of the program, the department shall establish agricultural innovation zones and shall give priority to agricultural innovation zones for incentives to farmers, with special priority for agricultural innovation zones in disadvantaged communities. +(c)The department may assist in the compilation of scientific evidence from public and private sources, including the scientific community, industry, conservation organizations, and federal, state, and local agencies identifying the net environmental impacts that agriculture creates for the environment. The department shall serve as the depository of this information and provide it to federal, state, and local governments, as needed. +(d)The department shall conduct the activities specified in this article with existing resources, to the extent they are available.","Existing law requires the Department of Food and Agriculture to establish and oversee an environmental farming program that provides incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. +This bill +would also include practices that promote public health, water quality, and soil health and would require the department, as part of that program, to establish agricultural innovation zones, as defined, and to give priority to agricultural innovation zones for incentives to farmers, with special priority for agricultural innovation zones in disadvantaged communities. The bill would state the Legislature’s intent relating to environmental farming practices and the establishment of agricultural innovation zones, as specified. +would, by January 1, 2018, require the Department of Pesticide Regulation, in consultation with the Department of Food and Agriculture, to establish a voluntary incentive program for farmers who use environmental farming practices, as defined, within an agricultural innovation zone, as defined. The bill would require priority be given to projects in agricultural innovation zones located in disadvantaged communities, as defined. The bill would require the Department of Pesticide Regulation, by January 1, 2021, and by January 1 every 3 years thereafter, to issue a report to the Legislature that details the impacts of the voluntary agricultural innovation zones incentive program and includes successes and challenges regarding the process for distributing incentives and the projects that use the incentives. The bill would require the departments to conduct these activities with existing resources, to the extent they are available.","An act to +amend Sections 564 and 566 of, and to add Section 563 to, +add Part 3 (commencing with Section 1000) to Division 1 of +the Food and Agricultural Code, relating to food and agriculture." +342,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 9084 of the Elections Code is amended to read: +9084. +The ballot pamphlet shall contain all of the following: +(a) A complete copy of each state measure. +(b) A copy of the specific constitutional or statutory provision, if any, that each state measure would repeal or revise. +(c) A copy of the arguments and rebuttals for and against each state measure. +(d) A copy of the analysis of each state measure. +(e) Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the ballot pamphlet easier to understand or more useful for the average voter. +(f) A notice, conspicuously printed on the cover of the ballot pamphlet, indicating that additional copies of the ballot pamphlet will be mailed by the county elections official upon request. +(g) A written explanation of the judicial retention procedure as required by Section 9083. +(h) The Voter Bill of Rights pursuant to Section 2300. +(i) If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state ballot pamphlet that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlet. +(j) If the ballot contains a question on the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention. +(k) If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of State’s Internet Web site for information about candidates for the offices of President and Vice President of the United States. +(l) A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5. +(m) A written explanation of the top 10 contributor lists required by Section 84223 of the Government Code, including a description of the Internet Web sites where those lists are available to the public. +(n) A copy of all the information posted on the +dedicated Internet +Web page +of +that is hyperlinked to +the +homepage of the +Internet Web site of the +____ +Legislative Analyst +’s Office +pursuant to the California Financial Transparency Act of 2016 (Chapter 5.3 (commencing with Section 8347) of Division 1 of Title 2 of the Government Code). +SEC. 2. +Chapter 5.3 (commencing with Section 8347) is added to Division 1 of Title 2 of the Government Code, to read: +CHAPTER 5.3. California Financial Transparency Act of 2016 +8347. +This chapter shall be known and may be cited as the California Financial Transparency Act of 2016. +8347.10. +The +____ [an entity of state government] +Legislative Analyst +shall post all of the following current total amounts on a dedicated +Internet +Web page that is hyperlinked to the homepage of +its +the +Internet Web +site: +site of the Legislative Analyst’s Office: +(a) State revenues. +(b) State expenditures. +(c) Unfunded state pension liability. +(d) Unfunded state retiree medical benefit liability. +(e) Unfunded infrastructure needs. +(f) Bond debt. +(g) Unrestricted net position. +8347.20. +On or before January 1 and July 1 of each year, the +____ +Legislative Analyst +shall update the +Internet +Web page required by Section 8347.10. +SEC. 3. +Section 88001 of the Government Code is amended to read: +88001. +The ballot pamphlet shall contain all of the following: +(a) A complete copy of each state measure. +(b) A copy of the specific constitutional or statutory provision, if any, that would be repealed or revised by each state measure. +(c) A copy of the arguments and rebuttals for and against each state measure. +(d) A copy of the analysis of each state measure. +(e) Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the ballot pamphlet easier to understand or more useful for the average voter. +(f) A notice, conspicuously printed on the cover of the ballot pamphlet, indicating that additional copies of the ballot pamphlet will be mailed by the county elections official upon request. +(g) A written explanation of the judicial retention procedure as required by Section 9083 of the Elections Code. +(h) The Voter Bill of Rights pursuant to Section 2300 of the Elections Code. +(i) If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state ballot pamphlet that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlet. +(j) If the ballot contains a question as to the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention. +(k) If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of State’s Internet Web site for information about candidates for the offices of President and Vice President of the United States. +(l) A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5 of the Elections Code. +(m) A written explanation of the top 10 contributor lists required by Section 84223, including a description of the Internet Web sites where those lists are available to the public. +(n) A copy of all the information posted on the +dedicated Internet +Web page +of +that is hyperlinked to +the +homepage of the +Internet Web site of the +____ +Legislative Analyst +’s Office +pursuant to the California Financial Transparency Act of 2016 (Chapter 5.3 (commencing with Section 8347) of Division 1 of Title 2). +SEC. 4. +The Legislature finds and declares that Section 3 of this act, amending Section 88001 of the Government Code, is an amendment of the Political Reform Act of 1974 that requires the inclusion of additional information on the ballot pamphlet in accordance with Section 88007 of the Government Code.","(1) Existing law requires a local agency, if it maintains an Internet Web site and is required to report specific financial information to the Controller, to post, in a conspicuous location on its Internet Web site, information on the annual compensation of its elected officials, officers, and employees. Existing law authorizes a local agency to meet this requirement by posting a link to the Controller’s Government Compensation in California Internet Web site in a conspicuous location on its Internet Web site. +This bill would establish the California Financial Transparency Act of 2016 and would require +____ [an entity of state government] +the Legislative Analyst +to create and maintain a dedicated +Internet +Web +page, +page that is +hyperlinked to the homepage of +its +the +Internet Web +site, +site of the Legislative Analyst’s Office +that lists specific state financial obligations. +(2) The Political Reform Act of 1974 and the Elections Code each require the Secretary of State to prepare a ballot pamphlet that contains specific information. +This bill would require the Secretary of State to include in a ballot pamphlet a copy of all the information posted on +a +the +dedicated +Internet +Web +page, +page that is +hyperlinked to the homepage of the Internet Web site of +an unspecified entity in state government, +the Legislative Analyst’s Office +pursuant to the California Financial Transparency Act of 2016. +(3) The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes with a +2/3 +vote of each house and compliance with specified procedural requirements. +The act also provides that, notwithstanding this vote requirement, the Legislature may amend specified provisions to add to the ballot pamphlet information regarding candidates or other information. +This bill, which would require additional information to be included in the ballot pamphlet, without making other changes to the act, would therefore require a majority vote.","An act to amend Section 9084 of the Elections Code, and to amend Section 88001 of, and to add Chapter 5.3 (commencing with Section 8347) to Division 1 of Title 2 of, the Government Code, relating to state government." +343,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 314 is added to the Code of Civil Procedure, immediately following Section 313, to read: +314. +(a) This section shall be known, and may be cited as, the Civility in Litigation Act. +(b) Notwithstanding any law, a person who claims to have been aggrieved by an alleged unlawful act or practice shall, before filing any legal action or pursuing legally mandated alternative dispute resolution, including mandatory arbitration, send a letter to the person or entity he or she alleges to have caused the harm that sets forth alleged facts in support of the grievance and any other information necessary to inform the person or entity of the alleged harm suffered. The letter shall be signed by the person who claims to have been aggrieved, or his or her representative. +(1) The letter shall be sent by certified mail to the last known address of the person or entity alleged to have engaged in the unlawful act or practice. +(2) The letter may, alternatively, be sent to an authorized representative of the person or entity that is alleged to have engaged in the unlawful act or practice. +(c) If the person or entity alleged to have engaged in the unlawful act or practice responds to the person who claims to have been aggrieved within 30 days after the letter specified in subdivision (b) is received, or delivery of the letter is attempted, the person claiming to have been aggrieved shall engage with the person or entity alleged to have engaged in the unlawful act or practice in good faith efforts to be made whole. +(d) If the person alleged to have engaged in an unlawful act or practice fails to respond to the letter within 30 days after the letter is received, or delivering of the letter is attempted, the person who claims to have been aggrieved may pursue other efforts to be made whole, including filing a complaint in a court of competent jurisdiction or alternative dispute resolution, including mandatory arbitration if applicable. +(e) The statute of limitations on a claim arising from the alleged unlawful act or practice subject to this section shall be tolled for a period of 30 days following the date of mailing as set forth in subdivision (a), plus any additional period of time during which the parties engage in negotiations under this section. +(f) If the person who claims to have been aggrieved files a complaint in a court of law, he or she shall attach to the complaint a copy of the letter sent pursuant to this section and proof of its mailing. If the person who claims to have been aggrieved knows that the letter he or she sent to the person or entity alleged to have engaged in the unlawful act or practice was not received, he or she shall disclose that information in the complaint, shall describe the good faith efforts he or she made to comply with this section, and shall include any information explaining whether and why the provisions of this section were not complied with. +(g) If a court, factfinder, or arbiter determines that the provisions of this subdivision were not complied with in good faith, that determination may be grounds for dismissing a claim that would otherwise be authorized. Because of the public policy encouraging resolution of disputes and a full and fair hearing on those disputes, if the court or other lawfully authorized factfinder dismisses a claim under this paragraph, he or she shall state in writing and with specificity why the case was dismissed and whether the case was dismissed with prejudice. If the alleged claims by an aggrieved party are not time barred, including the tolling of the limitation period as set forth in subdivision (e), the claims should be dismissed without prejudice to allow the aggrieved party to cure any alleged defects under this section. +(h) This section does not apply to a claim arising from matters related to, or violations of, the Family Code, Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code, the Penal Code, or the Probate Code. +(i) This section does not apply in the case of a true emergency in which court relief is required immediately under the terms and conditions required for injunctive relief pursuant to Section 526. +(j) Attempts to comply with this section by a person receiving a demand shall be construed to be an offer to compromise and shall be inadmissible as evidence pursuant to Section 1152 of the Evidence Code. Further, attempts to comply with a demand shall not be considered an admission of engaging in an unlawful act or practice. Evidence of compliance or attempts to comply with this section may be introduced by a defendant solely for the purpose of establishing good faith or to show compliance with this section. +(k) As used in this section, “authorized representative” means any person designated in writing by the person or entity alleged to have engaged in an unlawful act or practice to be his or her representative, and includes attorneys, representatives of an insurance company, or any other person who is authorized to resolve disputes on behalf of the person or entity alleged to have engaged in an unlawful act or practice with binding authority to resolve a dispute.","Existing law states the time and procedure for commencement of civil actions. +This bill would require a person who claims to have been aggrieved by an alleged unlawful act or practice, to send a letter to the person or entity he or she alleges to have caused the harm that sets forth alleged facts in support of the grievance and any other information necessary to inform the person or entity of the alleged harm suffered, prior to filing any legal action or pursuing legally mandated alternative dispute resolution, as specified. The bill would require the person who claims to have been aggrieved to engage with that person or entity in good faith efforts to be made whole, if, during the 30-day period following the date on which the letter was received there is a response from the person or entity that is alleged to have engaged in the unlawful act or practice. +The bill would toll the statute of limitations on a claim arising from the alleged unlawful act or practice for the 30-day period, including the following period of negotiations, if any. If, after that 30-day period there is no response, the bill would authorize the person who claims to have been aggrieved to pursue other efforts to be made whole, including filing a claim in a court of competent jurisdiction or alternative dispute resolution. The bill would require that if the person who claims to have been aggrieved files a complaint in a court of law, he or she shall describe in the complaint the good faith efforts he or she made to comply with these provisions or attach a copy of the letter sent pursuant to this section and proof of its mailing to the complaint. +The bill would also authorize a court, factfinder, or arbiter, if it determines that these provisions were not complied with in good faith, to dismiss a claim that is otherwise authorized, in which case it would be required to state in writing and with specificity why the case was dismissed, and whether or not the case is dismissed with or without prejudice.","An act to add Section 314 to the Code of Civil Procedure, relating to civil law." +344,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6060.1.5 is added to the Business and Professions Code, to read: +6060.1.5. +(a) In addition to satisfying the requirements in Section 6060, irrespective of the manner or law school in which an applicant acquires his or her legal education, an applicant for admission and a license to practice shall complete at least 50 hours of pro bono legal service prior to admission. The purpose of this pro bono legal service requirement is to supplement the applicant’s legal education with practical legal work experience and expose the applicant to the professional value of pro bono legal service for the public good. +(b) All qualifying pro bono legal service shall be performed under the supervision of one of the following: +(1) A member of a law school faculty, including part-time faculty, or an instructor employed by a law school. +(2) A person with the appropriate licensing to represent the client before the relevant judicial body or government agency, which includes, but is not limited to, an active licensed attorney in good standing. +(3) An active licensed attorney in good standing. +(c) For the purposes of this section, the following definitions shall apply: +(1) “Pro bono legal service” means work without compensation from the client who receives the legal service that is designed to benefit the public interest or persons who are indigent or of modest means for one of the individuals, organizations, or programs listed in subdivision (d) that is for one of the following purposes: +(A) To secure or promote access to justice, including, but not limited to, the protection of civil rights, civil liberties, or public rights. +(B) To address the economic, health, and social needs of persons who are indigent or of modest means. +(C) To further the purpose of a charitable, civic, community, governmental, or educational organization where payment of the market rate for legal fees would significantly deplete the organization’s resources or would otherwise be inappropriate. +(2) “Modest means” means low income, very low income, or extremely low income under the official state income limits established by the Department of Housing and Community Development under Section 50093 of the Health and Safety Code or under comparable official state income limits in another United States jurisdiction. +(3) “Attorney incubator program” means a postgraduate training program that teaches attorneys how to form, develop, and sustain law firms. +(d) Pro bono legal service shall be performed with or for any of the following: +(1) A “legal aid organization,” as defined by Section 6159.51, or a qualified legal services project or a qualified support center, as defined in Section 6213. +(2) A nonprofit organization. +(3) A charitable, civic, community, governmental, or educational organization. +(4) An externship, law school clinic or other placement approved for credit hours by a law school, or law school-sponsored project, in which the applicant is assigned work that otherwise meets the criteria of this section. +(5) A law firm, including a solo practitioner, or other legal services provider where the applicant is assigned work that otherwise meets the criteria of this section. +(6) A State Bar-certified lawyer referral and information services panel that provides legal services to the indigent or persons of modest means without charge or for less than market rate. +(7) An attorney incubator program or nonprofit law corporation affiliated with a law school or bar association that provides legal services to the indigent or persons of modest means without charge or for less than market rate. +(e) Nothing in this section prohibits an applicant from receiving compensation, including, but not limited to, a salary, for performing pro bono legal service that is paid by a person or entity other than the client who receives the pro bono legal service. +(f) Subject to subdivision (b), the 50 hours of pro bono legal service, or any portion thereof, may be completed in any state or territory of the United States, the District of Columbia, or any foreign country. +(g) The 50 hours of pro bono legal service shall be provided after the commencement of the applicant’s legal studies, and prior to admission. +(h) (1) Upon completion of the pro bono legal service requirement, an applicant shall complete a form describing the nature and dates of pro bono legal service and the number of hours completed and submit the form to the State Bar. Both the applicant and the supervising attorney or active judge shall sign the form. The State Bar shall adopt rules for its retention of the certification forms. +(2) The State Bar may create the form upon which the applicant can report completion of pro bono legal service. +(i) No applicant may satisfy any part of the 50-hour requirement by participating in any partisan political activities. +(j) The requirements of this section do not apply to: +(1) An applicant who is already admitted to practice in any state, territory, or foreign jurisdiction. +(2) An applicant who has earned a J.D. or its equivalent in a foreign jurisdiction and is qualified to practice without a separate admission process in that jurisdiction. +(3) An applicant qualifying for admission by completion of an LL.M. degree program. +(k) (1) Each law school shall publicly disclose on its Internet Web site through a link from the Internet Web site homepage of the law school under “Pro Bono Legal Service Requirement for Law Students,” all of the following information: +(A) A description of the requirements of this section. +(B) Links to programs available to students at the school and in the local community that provide opportunities for pro bono legal service and allow students to comply with the requirements of this section. +(C) To the extent practicable, information about times and dates when the programs are open or available to students that have been provided to the law school by the pro bono legal service program. +(2) Each law school shall provide an initial link to the above information to the State Bar no later than January 1, 2018, and shall maintain updated links to qualifying school and community programs on an annual basis. +(l) The State Bar shall publicly disclose on its Internet Web site, with a link from the “Future Lawyers” or “Admissions” Internet Web page of the State Bar under “Pro Bono Legal Service Requirement for Law Students,” all of the following information: +(1) A description of the requirements of this section. +(2) A link to the information described in paragraph (1) of subdivision (k) for each law school in the state that provides its link to that information to the State Bar pursuant to paragraph (2) of subdivision (k). +(m) Pursuant to rules adopted under subdivision (g), the State Bar shall randomly audit the compliance documentation applicants submit to ensure its consistency with the criteria in paragraph (1) of subdivision (c). This section shall not require the State Bar to audit or investigate any service providers for which work was done by an applicant or to evaluate the substance of any work that was done by an applicant. +(n) The requirements of this section shall apply to all applicants who enter law school on or after January 1, 2018.","Existing law, the State Bar Act, requires an applicant for admission and a license to practice law, to meet certain requirements, including, but not limited to, having completed certain legal education in a law school, law office, or judge’s chambers, passed an examination in professional responsibility, and passed the general bar examination. Existing law prohibits a person from practicing law in this state unless he or she is an active member of the State Bar. +This bill would additionally require an applicant, prior to admission, to complete at least 50 hours of supervised pro bono legal service, as specified, in order to supplement the applicant’s legal education with practical legal work experience. Upon completion of the pro bono legal service requirement, the bill would require an applicant and the supervisor, as defined, to complete and sign a form confirming completion of the pro bono service. The bill would require the State Bar to adopt rules for the retention of the certification forms. The bill would authorize the State Bar to create the form upon which an applicant can report completion of pro bono service. The bill would require the State Bar to randomly audit submitted forms to ensure compliance with these provisions. The bill would provide that these provisions apply to all applicants who enter law school on or after January 1, 2018.","An act to add Section 6060.1.5 to the Business and Professions Code, relating to the State Bar Act." +345,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) There are over 7,500 public water systems in California. The vast majority of these systems provide a reliable supply of safe drinking water. However, there are hundreds of smaller public water systems that consistently fail to provide a reliable supply of safe drinking water to their customers. Many failing public water systems were created without the necessary technical, managerial, or financial capacity to be sustainable in the long term in view of water supply uncertainties. These uncertainties can be created by effects on water quality and quantity, global climate change, migration of groundwater contamination, the establishment of new drinking water standards, and other factors that are known to significantly erode a system’s capacity. +(b) Failing public water systems disproportionately affect disadvantaged communities who are least able to afford to address the conditions that led to the failure. +(c) The proliferation of new, unsustainable public water systems also may undermine the state’s human right to water policy. +(d) Therefore, it is the policy of the state to discourage the establishment of new, unsustainable public water systems when there is a feasible alternative. +SEC. 2. +Section 116527 is added to the Health and Safety Code, to read: +116527. +(a) As used in this section, “water-related improvement” includes, but is not limited to, a water pipe, a water pump, or drinking water infrastructure. +(b) (1) Before a person submits an application for a permit for a proposed new public water system, the person shall first submit a preliminary technical report to the state board at least six months before initiating construction of any water-related improvement. +(2) In order to assist in expediting the permitting process, a person that is considering submitting an application for a permit for a proposed new public water system is encouraged, but is not required, to submit the preliminary technical report no later than seven days after submission of an application to the city or county for a building permit for any water-related improvement. +(3) For a proposed new public water system that would be regulated by a local primacy agency, the applicant shall also submit a copy of the preliminary technical report to the state board. +(c) The preliminary technical report shall include all of the following: +(1) The name of each public water system for which any service area boundary is within three miles, as measured through existing public rights-of-way, of any boundary of the applicant’s proposed public water system’s service area. +(2) A discussion of the feasibility of each of the adjacent public water systems identified pursuant to paragraph (1) annexing, connecting, or otherwise supplying domestic water to the applicant’s proposed new public water system’s service area. The applicant shall consult with each adjacent public water system in preparing the report and shall include in the report any information provided by each adjacent public water system regarding the feasibility of annexing, connecting, or otherwise supplying domestic water to that service area. +(3) A discussion of all actions taken by the applicant to secure a supply of domestic water from an existing public water system for the proposed new public water system’s service area. +(4) All sources of domestic water supply for the proposed new public water system. +(5) The estimated cost to construct, operate, and maintain the proposed new public water system, including long-term operation and maintenance costs and a potential rate structure. +(6) A comparison of the costs associated with the construction, operation and maintenance, and long-term sustainability of the proposed new public water system to the costs associated with providing water to the proposed new public water system’s service area through annexation by, consolidation with, or connection to an existing public water system. +(7) A discussion of all actions taken by the applicant to pursue a contract for managerial or operational oversight from an existing public water system. +(8) An analysis of whether a proposed new public water system’s total projected water supplies available during normal, single dry, or multiple dry water years during a 20-year projection will meet the projected water demand for the service area. +(9) Any information provided by the local agency formation commission. The applicant shall consult with the local agency formation commission if any adjacent public water system identified pursuant to paragraph (1) is a local agency as defined by Section 56054 of the Government Code. +(d) (1) If documents prepared to comply with Division 13 (commencing with Section 21000) of the Public Resources Code or any other application for public agency approval concerning providing drinking water to the proposed new public water system’s service area include the information required by subdivision (c), including documentation of the consultation with each adjacent public water system and the local agency formation commission, the applicant may submit those documents to the state board in lieu of the preliminary technical report and the documents shall be considered the functional equivalent of the preliminary technical report. +(2) If documents prepared to comply with Division 13 (commencing with Section 21000) of the Public Resources Code or any other application for public agency approval concerning providing drinking water to the proposed new public water system’s service area include some, but not all, of the information required by subdivision (c), including documentation of the consultation with an adjacent public water system and the local agency formation commission, the applicant shall submit those documents and the preliminary technical report to the state board and together those documents and the preliminary technical report shall be considered the functional equivalent of the preliminary technical report requirements of this section. A preliminary technical report submitted pursuant to this paragraph shall only be required to include information that is not otherwise addressed by the other submitted documents. +(e) Upon review of a preliminary technical report submitted pursuant to this section, the state board may do all of the following actions: +(1) If an existing public water system has not already sought annexation of the service area of a proposed new public water system from the local agency formation commission or the applicant has not already sought an extension of services agreement from an existing public water system, direct the applicant to undertake additional discussion and negotiation with the local agency formation commission and any existing public water system meeting the requirements of paragraph (1) of subdivision (c) that the state board determines has the technical, managerial, and financial capacity to provide an adequate and reliable supply of domestic water to the service area of the proposed new public water system. The state board shall not direct the applicant to undertake additional discussion and negotiation if documentation submitted to the state board demonstrates that additional discussion and negotiation is unlikely to be successful, including, but not limited to, documentation that the local agency formation commission has previously denied the application for an extension of service or annexation, or that the existing public water system has declined to apply to the local agency formation commission for approval of an extension of services to, or annexation of, the service area of the proposed new public water system. +(2) Direct the applicant to report on the results of discussion and negotiations conducted pursuant to paragraph (1) to the state board. +(3) Establish a time schedule for the applicant’s performance of directives issued pursuant to this subdivision. +(f) (1) An applicant shall comply with the state board’s directives as assigned in and consistent with subdivision (e) before submitting an application for a permit for a proposed new public water system under this chapter. +(2) An application for a permit for a proposed new public water system under this chapter shall not be deemed complete unless the applicant has complied with the requirements of this section. +(g) The state board’s review of a preliminary technical report pursuant to this section shall not be deemed a project or approval of a permit application submitted under this chapter. +(h) The requirements of this section do not apply to either of the following: +(1) An application for a permit for a new public water system that was deemed complete prior to January 1, 2017, pursuant to the statutory permit application requirements effective at the date of the permit submission. +(2) An extension of, or annexation to, an existing public water system. +(i) (1) The requirements of this section do not apply to a service area where an applicant certifies in writing to the state board that the applicant will not rely on the establishment of a new public water system for its water supply. The state board shall acknowledge receipt of the applicant’s certification in a timely manner. +(2) An applicant who certifies that the service area will not rely on the establishment of a new public water system and later seeks a permit for a new public water system shall comply with the provisions of this section and shall assume all risk of delay or rejection related to the permit application. +(j) (1) The provisions of this subdivision apply to a proposed new public water system that achieves either or both of the following: +(A) Consolidates two or more existing public water systems, existing state small water systems, or other existing water systems, which results in the creation of a new public water system. +(B) Provides water service in lieu of individual domestic wells. +(2) At least six months before the construction of any water-related improvements, an applicant for a new public water system that meets the criteria in paragraph (1) shall provide a written notice to the state board that does both of the following: +(A) Clearly describes the proposed new public water system and how it meets the criteria in paragraph (1). +(B) Requests an exemption from the requirements of this section. +(3) The state board shall promptly acknowledge receipt of a written notice described in paragraph (2). The state board shall have 30 days from the acknowledgment of receipt of the written notice to issue a written notice to the applicant that compliance with the requirements of this section is necessary and that an application for a permit of a new public water system under this chapter is not complete until the applicant has complied with the requirements of this section. A determination by the state board that compliance with the requirements of this section is necessary shall be final and is not subject to review by the state board. A determination by the state board pursuant to this subdivision is not considered a project subject to Division 13 (commencing with Section 21000) of the Public Resources Code. +(4) If the state board receives a written notice from a project applicant that satisfies the requirements of paragraph (2), the project described in the notice is deemed exempt from the requirements of this section on the 35th day following the date of the state board’s acknowledgment of receipt of the written notice, unless the state board has issued a notice to comply pursuant to paragraph (3). +SEC. 3. +Section 116540 of the Health and Safety Code is amended to read: +116540. +(a) Following completion of the investigation and satisfaction of the requirements of paragraphs (1) and (2), the state board shall issue or deny the permit. The state board may impose permit conditions, requirements for system improvements, technical, financial, or managerial requirements, and time schedules as it deems necessary to ensure a reliable and adequate supply of water at all times that is pure, wholesome, potable, and does not endanger the health of consumers. +(1) A public water system that was not in existence on January 1, 1998, shall not be granted a permit unless the public water system demonstrates to the state board that the water supplier possesses adequate financial, managerial, and technical capability to ensure the delivery of pure, wholesome, and potable drinking water. This section shall also apply to any change of ownership of a public water system. +(2) A permit under this chapter shall not be issued to an association organized under Title 3 (commencing with Section 18000) of the Corporations Code. This section shall not apply to unincorporated associations that, as of December 31, 1990, are holders of a permit issued under this chapter. +(b) Notwithstanding Section 116330, a local primacy agency shall not issue a permit under this article without the concurrence of the state board. +(c) In considering whether to approve a proposed new public water system, the state board shall consider the sustainability of the proposed new public water system and its water supply in the reasonably foreseeable future, in view of global climate change, potential migration of groundwater contamination and other potential treatment needs, and other factors that can significantly erode a system’s capacity. +(d) If the state board determines that it is feasible for the service area of the public water system addressed by an application under this article to be served by one or more permitted public water systems identified pursuant to paragraph (1) of subdivision (c) of Section 116527, the state board may deny the permit of a proposed new public water system if it determines, based on its assessment of the preliminary technical report submitted pursuant to Section 116527, the permit application, and other relevant, substantial evidence submitted, that it is reasonably foreseeable that the proposed new public water system will be unable to provide affordable, safe drinking water in the reasonably foreseeable future. +(e) An applicant may appeal decisions and actions of the deputy director taken pursuant to this section to the state board. +SEC. 4. +Section 106.4 is added to the Water Code, to read: +106.4. +(a) For the purposes of this section: +(1) “Bottled water” has the same meaning as defined in Section 111070 of the Health and Safety Code. +(2) “Residential development” has the same meaning as defined in Section 65008 of the Government Code. +(3) “Retail water facility” has the same meaning as defined in Section 111070 of the Health and Safety Code. +(4) “Water-vending machine” has the same meaning as defined in Section 111070 of the Health and Safety Code. +(5) “Water hauler” has the same meaning as defined in Section 111070 of the Health and Safety Code. +(b) A city, including a charter city, or a county shall not issue a building permit for the construction of a new residential development where a source of water supply is water transported by a water hauler, bottled water, a water-vending machine, or a retail water facility. +(c) This section does not apply to a residence that will be rebuilt because of a natural disaster. +(d) The Legislature finds and declares that this section addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law, the California Safe Drinking Water Act, imposes on the State Water Resources Control Board various responsibilities and duties relating to providing a dependable, safe supply of drinking water. The act prohibits a person from operating a public water system unless he or she first submits an application, including a technical report, to the state board and receives a permit, as specified. The act requires the state board, upon determination that the application is complete, to make a specified investigation, and allows the state board to impose permit conditions, requirements for system improvements, and time schedules as the state board deems necessary to ensure an affordable, reliable, and adequate supply of water at all times that is pure, wholesome, and potable. The act provides that a person who knowingly makes a false statement or representation in a report submitted, maintained, or used for purposes of compliance with the act may be punished as a misdemeanor. +This bill would require a person submitting an application for a permit for a proposed new public water system to first submit a preliminary technical report to the state board at least 6 months before initiating construction of any water-related improvement, as defined. Because a misstatement in the report could be a crime under the provision described above, this bill would impose a state-mandated local program by expanding the scope of a crime. The bill would allow the state board to direct the applicant to undertake additional discussion and negotiation with certain existing public water systems the state board determines have the technical, managerial, and financial capacity to provide an adequate and reliable supply of domestic water to the service area of the proposed new public water system, as specified, and would require an applicant to comply before submitting an application for a permit to operate a system and would prohibit the application from being deemed complete unless the applicant has complied. The bill would, if the state board determines that it is feasible for the service area of the public water system addressed by the application to be served by one or more currently permitted public water systems, authorize the state board to deny the permit of a proposed new public water system if it determines that it is reasonably foreseeable that the proposed new public water system will be unable to provide affordable, safe drinking water in the reasonably foreseeable future, as prescribed. +(2) Existing law allows the state board to delegate primary responsibility for the administration and enforcement of the act within a county to a local health officer if certain criteria are met. Existing law requires that the local primacy agency be empowered with all of the authority granted to the state board over the specified public water systems. +This bill would prohibit a local primacy agency from issuing a permit to operate a public water system without the concurrence of the state board. The bill would require, for a proposed new public water system that would be regulated by a local primacy agency, the applicant to also submit a copy of the preliminary technical report to the state board. +(3) Existing law declares the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. Existing law requires a city or county that determines a project, as defined, is subject to the California Environmental Quality Act to identify certain water systems that may supply water for the project and to request those public water systems to prepare and approve a specified water supply assessment. Under existing law, if no public water system is identified, the city or county is required to prepare and approve the water supply assessment. Existing law provides that if, as a result of its assessment, the public water system or city or county concludes that its water supplies are, or will be, insufficient, the public water system or city or county is required to provide its plans for acquiring additional water supplies, as prescribed. +This bill would prohibit a city, including a charter city, or a county from issuing a building permit for the construction of a new residential development where a source of the water supply is water transported by a water hauler, bottled water, a water-vending machine, or a retail water facility, as specified. By imposing new duties on a city or county in connection with the issuance of a building permit, the bill would impose a state-mandated local program. +(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for specified reasons.","An act to amend Section 116540 of, and to add Section 116527 to, the Health and Safety Code, and to add Section 106.4 to the Water Code, relating to drinking water." +346,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 667.1 of the Penal Code is amended to read: +667.1. +Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after +November 7, 2012, +January 1, 2017, +all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they existed on +November 7, 2012. +January 1, 2017. +SEC. 2. +Section 667.5 of the Penal Code is amended to read: +667.5. +Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows: +(a) +Where +If +one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant +where +if +the prior offense was one of the violent felonies specified in subdivision (c). However, no additional term shall be imposed under this subdivision for any prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense which results in a felony conviction. +(b) Except +where +if +subdivision (a) applies, +where +if +the new offense is any felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term or county jail term imposed under subdivision (h) of Section 1170 or +when +if the +sentence is not suspended for any +felony; provided that no +felony. An +additional term shall +not +be imposed under this subdivision for any prison term or county jail term imposed under subdivision (h) of Section 1170 or +when +if the +sentence is not suspended prior to a period of five years in which the defendant remained free of both the commission of an offense which results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any felony sentence that is not suspended. A term imposed under the provisions of paragraph (5) of subdivision (h) of Section 1170, wherein a portion of the term is suspended by the court to allow mandatory supervision, shall qualify as a prior county jail term for the purposes of the one-year enhancement. +(c) For the purpose of this section, “violent felony” shall mean any of the following: +(1) Murder or voluntary manslaughter. +(2) Mayhem. +(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262. +(4) Sodomy as defined in subdivision (c) or (d) of Section 286. +(5) Oral copulation as defined in subdivision (c) or (d) of Section 288a. +(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288. +(7) Any felony punishable by death or imprisonment in the state prison for life. +(8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55. +(9) Any robbery. +(10) Arson, in violation of subdivision (a) or (b) of Section 451. +(11) Sexual penetration as defined in subdivision (a) or (j) of Section 289. +(12) Attempted murder. +(13) A violation of Section 18745, 18750, or 18755. +(14) Kidnapping. +(15) Assault with the intent to commit a specified felony, in violation of Section 220. +(16) Continuous sexual abuse of a child, in violation of Section 288.5. +(17) Carjacking, as defined in subdivision (a) of Section 215. +(18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. +(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22. +(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22. +(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary. +(22) Any violation of Section 12022.53. +(23) A violation of subdivision (b) or (c) of Section 11418. The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society’s condemnation for these extraordinary crimes of violence against the person. +(24) Human trafficking, in violation of Section 236.1. +(d) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense. +(e) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170. +(f) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction. +(g) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole which is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration. +(h) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement. +(i) For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term. +(j) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison. +(k) (1) Notwithstanding subdivisions (d) and (g) or any other provision of law, where one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section. +(2) This subdivision +shall +does +not apply +when +if +a full, separate, and consecutive term is imposed pursuant to any other provision of law. +SEC. 3. +Section 1170.125 of the Penal Code is amended to read: +1170.125. +Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, General Election, for all offenses committed on or after +November 7, 2012, +January 1, 2017, +all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they existed on +November 7, 2012. +January 1, 2017. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SECTION 1. +Section 600 of the +Harbors and Navigation Code +is amended to read: +600. +As used in this chapter: +(a)“Watercraft” means any boat, ship, barge, craft or floating thing designed for navigation in the water. +(b)“Nonresident” means a person who is not a resident of this state at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him, and also means a person who, at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him is a resident of this state but subsequently becomes a nonresident of this state.","Existing law, as amended by Proposition 21 as approved by the voters at the March 7, 2000, statewide primary election and by Proposition 83 of the November 7, 2006, statewide general election, classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law imposes an additional one-year term for a felony and a 3-year term for a violent felony for each prior separate prison term served for a violent felony. Existing law, as added by Proposition 184, adopted November 8, 1994, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, also imposes additional years of imprisonment in state prison on a person who commits a violent felony and has been convicted of, or who has a prior conviction for, a violent felony. The Legislature may amend the above-specified initiative statutes by a statute passed in each house by a +2/3 +vote. +This bill would additionally define human trafficking as a violent felony subject to the enhanced term of imprisonment. +Because this bill would increase penalties for a violation of human trafficking crimes, it would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +Existing law regulates the operation of watercraft, as defined, in the waterways of the state. Existing law defines a “watercraft” for purposes of those provisions to mean any boat, ship, barge, craft, or floating thing designed for navigation in the water. +This bill would make nonsubstantive changes in that definition of watercraft.","An act to amend Section 600 of the Harbors and Navigation Code, relating to vessels. +An act to amend Sections 667.1, 667.5, and 1170.125 of the Penal Code, relating to violent felonies." +347,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) There is an urgent and crucial need for mental health crisis stabilization services in California. +(2) In 2004, the California electorate approved Proposition 63, the Mental Health Services Act, to address serious mental illness among adults, children, and seniors, including the provision of prevention and early intervention services. +(3) Currently, there are counties using Mental Health Services Act (MHSA) moneys for crisis stabilization services, and other counties that are not. Some counties not using MHSA moneys for crisis stabilization services have expressed the need for clarification of state law that the colocation of voluntary and involuntary services at facilities providing crisis stabilization services does not preclude the use of MHSA moneys. +(b) The Legislature finds and declares that this act clarifies that counties may use funds provided under the Mental Health Services Act to provide +services to individuals who are voluntarily receiving services at facilities at which individuals who are receiving services involuntarily are also treated. +voluntary services to individuals who are receiving services at facilities in which involuntary services are also provided. +SEC. 2. +Section 5813.5 of the Welfare and Institutions Code is amended to read: +5813.5. +Subject to the availability of funds from the Mental Health Services Fund, the state shall distribute funds for the provision of services under Sections 5801, 5802, and 5806 to county mental health programs. Services shall be available to adults and seniors with severe illnesses who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. For purposes of this act, “seniors” means older adult persons identified in Part 3 (commencing with Section 5800) of this division. +(a) Funding shall be provided at sufficient levels to ensure that counties can provide each adult and senior served pursuant to this part with the medically necessary mental health services, medications, and supportive services set forth in the applicable treatment plan. +(b) The funding shall only cover the portions of those costs of services that cannot be paid for with other funds including other mental health funds, public and private insurance, and other local, state, and federal funds. +(c) Each county mental health program’s plan shall provide for services in accordance with the system of care for adults and seniors who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. +(d) Planning for services shall be consistent with the philosophy, principles, and practices of the +Recovery Vision +recovery vision +for mental health consumers: +(1) To promote concepts key to the recovery for individuals who have mental illness: hope, personal empowerment, respect, social connections, self-responsibility, and self-determination. +(2) To promote consumer-operated services as a way to support recovery. +(3) To reflect the cultural, ethnic, and racial diversity of mental health consumers. +(4) To plan for each consumer’s individual needs. +(e) The plan for each county mental health program shall indicate, subject to the availability of funds as determined by Part 4.5 (commencing with Section 5890), and other funds available for mental health services, adults and seniors with a severe mental illness being served by this program are either receiving services from this program or have a mental illness that is not sufficiently severe to require the level of services required of this program. +(f) Each county plan and annual update pursuant to Section 5847 shall consider ways to provide services similar to those established pursuant to the Mentally Ill Offender Crime Reduction Grant Program. Funds shall not be used to pay for persons incarcerated in state prison or parolees from state prisons. +(1) When included in county plans pursuant to Section 5847, funds may be used for the provision of mental health services under Sections 5347 and 5348 in counties that elect to participate in the Assisted Outpatient Treatment Demonstration Project Act of 2002 (Article 9 (commencing with Section 5345) of Chapter 2 of Part 1). +(2) When included in county plans pursuant to Section 5847, funds may be used for the provision of +voluntary +outpatient crisis stabilization services to +individuals who are voluntarily receiving those services, even when facilities colocate services to +individuals, even when +individuals who are receiving +services involuntarily +involuntary services +are treated at the same facility. +This paragraph is not intended to require or authorize the displacement of employees covered under a collective bargaining agreement governed by the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code) who perform services described in this paragraph. +(g) The department shall contract for services with county mental health programs pursuant to Section 5897. After the effective date of this section, the term grants referred to in Sections 5814 and 5814.5 shall refer to such contracts.","Existing law contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services, as specified. +The act establishes the Mental Health Services Fund, +which is +continuously appropriated +to +to, +and administered +by +by, +the State Department of Health Care Services, to fund specified county mental health programs, including programs funded under the Adult and Older Adult Mental Health System of Care Act. Existing law prohibits these funds from being used to pay for persons incarcerated in state prison or parolees from state prisons. +This bill would clarify that the counties may use Mental Health Services Fund moneys to provide +voluntary +outpatient crisis stabilization services to +individuals who are voluntarily receiving those services, +individuals, +even when individuals who are receiving +involuntary +services +involuntarily +are treated at the same facility. Because the bill would clarify the procedures and terms of Proposition 63, it would require a majority vote of the Legislature.","An act to amend Section 5813.5 of the Welfare and Institutions Code, relating to mental health." +348,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 23826.13 is added to the Business and Professions Code, to read: +23826.13. +(a) Notwithstanding any other provision of this chapter, in any county of the sixth class, the department may issue no more than a total of five new original neighborhood-restricted special on-sale general licenses to premises located in any of the census tracts listed in subdivision (b) beginning on January 1, 2017. +(b) To qualify for a license issued pursuant to this section, the premises for which the license would apply shall be located within one of the following United States Bureau of Census census tracts located within the City and County of San Francisco: +(1) United States Bureau of the Census census tracts 612000, 232000, 234000, 233000, or 230030. +(2) United States Bureau of the Census census tracts 258000 or 257020. +(3) United States Bureau of the Census census tract 264030. +(4) United States Bureau of the Census census tracts 255000, 256000, 260020, 260010, 260040, 261000, or 263010. +(5) United States Bureau of the Census census tracts 309000, 310000, or 312010. +(6) United States Bureau of the Census census tracts 330000, 329010, 328010, 353000, or 354000. +(7) United States Bureau of the Census census tracts 328020, 329020, 351000, or 352010. +(c) In issuing the licenses pursuant to this section, the department shall follow the procedure set forth in Section 23961. A license shall not be issued pursuant to this section to an applicant until any existing on-sale licenses issued to the applicant for the same premises are canceled. +(d) (1) A person who currently holds an on-sale general license for a premises shall not apply for a license issued pursuant to this section for that licensed premises. +(2) In addition to the other requirements of this section, an application for a neighborhood-restricted on-sale general license shall be subject to all the requirements that apply to an on-sale general license for a bona fide eating place. +(3) Prior to submitting an application for a license issued pursuant to this section, the applicant shall conduct a minimum of one preapplication meeting to discuss the application with neighbors and members of the community within the census tract in which the premises are located. +(A) The applicant shall hold the meeting either on the premises or at an alternate location within a one-mile radius of the premises. +(B) The applicant shall mail notification of the preapplication meeting to all of the following individuals and organizations at least 14 calendar days before the meeting: +(i) Each resident within a 500-foot radius of the premises for which the license is to be issued. +(ii) Any relevant neighborhood associations for the neighborhood in which the premises is located, as identified on a list maintained by the Planning Department of the City and County of San Francisco. +(iii) The Chief of Police for the San Francisco Police Department. +(C) Applicants for a neighborhood-restricted special on-sale general license shall submit, on a form provided by the department, signed verification by the local government body that states the applicant has completed the preapplication meeting pursuant to this section. +(e) (1) A license issued pursuant to this section shall not be transferred between counties. +(2) A license issued pursuant to this section shall not be transferred to any other premises. This provision shall not apply to any licensee whose premises have been destroyed as a result of fire or any act of God or other force beyond the control of the licensee, for whom the provisions of Section 24081 shall apply. +(3) A license issued pursuant to this section shall not be transferred to any person, partnership, limited partnership, limited liability company, or corporation. This provision shall not apply to licenses transferred under Section 24071, 24071.1, or 24071.2. +(f) Upon the cancellation of any license issued pursuant to this section, the license shall be returned to the department for issuance to a new applicant following the procedure set forth in Section 23961 and the provisions of this section. +(g) A person that holds a neighborhood-restricted special on-sale general license issued pursuant to this section shall not exchange his or her license for an on-sale license for public premises. +(h) Except as specified herein, a neighborhood-restricted special on-sale general license may exercise all of the privileges, and is subject to all the restrictions, of an on-sale general license for a bona fide eating place. +(i) A neighborhood-restricted special on-sale general license issued pursuant to this section shall not, with respect to beer and wine, authorize the exercise of the rights and privileges granted by an off-sale beer and wine license. +(j) (1) The original and annual fees, and any additional fees and surcharges, shall be the same as those imposed upon an on-sale general license for a bona fide eating place. +(2) All moneys collected from the fees imposed pursuant to this section shall be deposited in the Alcohol Beverage Control Fund, pursuant to Section 25761. +(k) The department shall adopt rules and regulations to enforce the provisions of this section. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique distribution and market conditions of liquor licenses in the City and County of San Francisco, that apply only to the City and County of San Francisco. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other provisions of law.","The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act also provides for a limitation on the amount of on-sale general licenses that may be issued by the department based on the population of the county in which the licensed premises are located, as provided. Existing law also provides for various annual fees for the issuance of alcoholic beverage licenses, depending on the type of license issued. +This bill would, beginning January 1, 2017, provide an exception to the license limitation for a county of the 6th class, as specified, for 5 new original neighborhood-restricted special on-sale general licenses for premises located within specified census tracts in that county, subject to specified requirements. This bill would impose an original fee and annual renewal fee for the license, which would be deposited in the Alcohol Beverage Control Fund, and would require an applicant for this license to submit a specified application, submitted under the penalty of perjury, to the Department of Alcoholic Beverage Control. This bill would also require the applicant to submit a signed verification by the local government in which the licensed premises would be located stating that the applicant has completed certain preapplication requirements. +By requiring an applicant to submit an application under penalty of perjury, thereby expanding the crime of perjury, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason and that no reimbursement shall be made pursuant to those statutory provisions for costs mandated by the state pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek reimbursement for these costs. +This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.","An act to add Section 23826.13 to the Business and Professions Code, relating to alcoholic beverages." +349,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares the following: +(a) In keeping with its obligation to safeguard the humane and just treatment of all individuals located in California, it is the intent of the Legislature that this bill declare the state’s intolerance to profiting from the incarceration of Californians held in immigration detention and its desire to ensure the just and humane treatment of our most vulnerable populations. +(b) It is the further intent of the Legislature to ensure the uniform treatment of individuals detained within immigration detention facilities, operating in California, in a manner that meets or exceeds the federal national standards and other applicable legal requirements. +SEC. 2. +Section 1670.9 is added to the Civil Code, to read: +1670.9. +(a) A city, county, city and county, or a local law enforcement agency shall not enter into or renew a contract, or modify a contract to extend the length of the contract, with a private corporation, contractor, or vendor to detain immigrants in civil immigration proceedings for profit. This subdivision shall become operative on January 1, 2018. +(b) If a city, county, city and county, or a local law enforcement agency chooses to enter into a contract, renews a contract, or modifies a contract to extend the length of the contract, to detain immigrants in civil immigration proceedings, it shall detain immigrants only pursuant to a contract that requires the immigration detention facility operator to adhere to the standards for detaining those individuals described in the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013 and ICE Directive 11065.1 (Review of the Use of Segregation for ICE Detainees). +(c) Any facility that detains an immigrant pursuant to a contract with a city, county, city and county, or a local law enforcement agency is subject to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). +(d) An immigration detention facility operator, an agent of an immigration detention facility, or a person acting on behalf of an immigration detention facility, shall not deprive any immigrant detainee in civil immigration proceedings access to an attorney or any other person authorized by the Board of Immigration Appeals under Section 292.2 of Title 8 of the Code of Federal Regulations, access to a translator or interpretation services, medical care, freedom from harm or harassment, or privacy. +(e) An immigrant detainee shall not be involuntarily placed in segregated housing in an immigration detention facility because of his or her actual or perceived gender, gender identity, gender expression, or sexual orientation, as defined in Section 422.56 of the Penal Code. Transgender and gender nonconforming immigrant detainees shall be given the option to choose a housing placement consistent with their gender identity. +(f) Nothing in this section shall prohibit an immigration detention facility operator from exceeding the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013 or ICE Directive 11065.1 (Review of the Use of Segregation for ICE Detainees). +(g) If an immigration detention facility operator, or agent of an immigration detention facility, or person acting on behalf of an immigration detention facility, violates subdivision (d) or (e), or the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013, or ICE Directive 11065.1 (Review of Use of Segregation for ICE Detainees), the Attorney General, or any district attorney or city attorney, may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California. An action brought by the Attorney General, any district attorney, or any city attorney may also seek a civil penalty of twenty-five thousand dollars ($25,000). If this civil penalty is requested, it shall be assessed individually against each person who is determined to have violated this section, and the penalty shall be awarded to each individual who has been injured under this section. +(h) For purposes of this section, the following definitions shall apply: +(1) “Immigration detention facility” means a facility where immigrants are detained for civil immigration proceedings pursuant to an agreement between a city, county, or city and county, or a law enforcement agency and either of the following: +(A) The United States Department of Homeland Security or other federal agency. +(B) A private corporation, contractor, or private vendor. +(2) “Immigration detention facility operator” means an individual, firm, corporation, association, partnership, joint venture, commercial entity, municipality, commission, or political division of the State of California that operates or owns an immigration detention facility. +(3) “Segregated housing” means administrative segregation or disciplinary segregation, as defined in the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013, or any other act resulting in an individual being segregated from the general population through prolonged physical or social isolation for hours, days, weeks, or years. +SEC. 3. +The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. +Existing law authorizes a county board of supervisors on behalf of its sheriff, and a legislative body of a city on behalf of its chief of police, to contract to provide supplemental law enforcement services to private individuals, private entities, and private corporations in specified circumstances and subject to certain conditions. +This bill would, commencing on January 1, 2018, prohibit a city, county, or a city and county, or a local law enforcement agency from entering into or renewing a contract, or modifying a contract to extend the length of the contract, with a private corporation, contractor, or vendor to detain immigrants in civil immigration proceedings for profit. +Existing law requires the Board of State and Community Corrections to establish minimum standards for local correctional facilities, as specified. +This bill would require a city, county, or city and county, or a local law enforcement agency that chooses to enter into a contract to detain immigrants in civil immigration proceedings to detain immigrants only pursuant to a contract that requires the immigration detention facility operator to adhere to specified standards. +The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure. +This bill would specify that any facility that detains an immigrant pursuant to a contract with a city, county, city and county, or a local law enforcement agency is subject to the California Public Records Act. +Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of California are free and equal no matter their national origin, citizenship, or immigration status and are entitled to full and equal accommodations, facilities, and privileges in all business establishments of every kind. Persons denied their rights under this act may obtain specified remedies, including treble damages. +This bill would provide that an immigration detention facility operator, as defined, an agent thereof, or a person acting on its behalf, shall not deprive an immigrant detainee in civil immigration proceedings of specified rights, including access to an attorney or other authorized person, medical care, freedom from harm or harassment, or privacy. The bill would prohibit an immigration detention facility from involuntarily placing a detainee in segregated housing because of his or her actual or perceived gender, gender identity, gender expression, or sexual orientation. +This bill would authorize the Attorney General or any district attorney or city attorney to bring a civil action against an immigration detention facility, an agent thereof, or a person acting on its behalf that violates a detainee’s rights, as specified. +The bill would provide that its provisions are severable.","An act to add Section 1670.9 to the Civil Code, relating to immigration." +350,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14717.5 is added to the Welfare and Institutions Code, to read: +14717.5. +(a) A mental health plan review shall be conducted annually by an external quality review organization (EQRO) pursuant to federal regulations at 42 C.F.R. 438.350 et seq.. Commencing July 1, 2018, the review shall include specific data for Medi-Cal eligible minor and nonminor dependents in foster care, including all of the following: +(1) The number of Medi-Cal eligible minor and nonminor dependents in foster care served each year. +(2) Details on the types of mental health services provided to children, including prevention and treatment services. These types of services may include, but are not limited to, screenings, assessments, home-based mental health services, outpatient services, day treatment services or inpatient services, psychiatric hospitalizations, crisis interventions, case management, and psychotropic medication support services. +(3) Access to, and timeliness of, mental health services, as described in Sections 1300.67.2, 1300.67.2.1, and 1300.67.2.2 of Title 28 of the California Code of Regulations and consistent with Section 438.206 of Title 42 of the Code of Federal Regulations, available to Medi-Cal eligible minor and nonminor dependents in foster care. +(4) Quality of mental health services available to Medi-Cal eligible minor and nonminor dependents in foster care. +(5) Translation and interpretation services, consistent with Section 438.10(c)(4) and (5) of Title 42 of the Code of Federal Regulations and Section 1810.410 of Title 9 of the California Code of Regulations, available to Medi-Cal eligible minor and nonminor dependents in foster care. +(6) Performance data for Medi-Cal eligible minor and nonminor dependents in foster care. +(7) Utilization data for Medi-Cal eligible minor and nonminor dependents in foster care. +(8) Medication monitoring consistent with the child welfare psychotropic medication measures developed by the State Department of Social Services and any Healthcare Effectiveness Data and Information Set (HEDIS) measures related to psychotropic medications, including, but not limited to, the following: +(A) Follow-Up Care for Children Prescribed Attention Deficit Hyperactivity Disorder Medication (HEDIS ADD). +(B) Use of Multiple Concurrent Antipsychotics in Children and Adolescents (HEDIS APC). +(C) Use of First-Line Psychosocial Care for Children and Adolescents on Antipsychotics (HEDIS APP). +(D) Metabolic Monitoring for Children and Adolescents on Antipsychotics (HEDIS APM). +(b) (1) The department shall post the EQRO data disaggregated by Medi-Cal eligible minor and nonminor dependents in foster care on the department’s Internet Web site in a manner that is publicly accessible. +(2) The department shall review the EQRO data for Medi-Cal eligible minor and nonminor dependents in foster care. +(3) If the EQRO identifies deficiencies in a mental health plan’s ability to serve Medi-Cal eligible minor and nonminor dependents in foster care, the department shall notify the mental health plan in writing of identified deficiencies. +(4) The mental health plan shall provide a written corrective action plan to the department within 60 days of receiving the notice required pursuant to paragraph (2). The department shall notify the mental health plan of approval of the corrective action plan or shall request changes, if necessary, within 30 days after receipt of the corrective action plan. Final corrective action plans shall be made publicly available by, at minimum, posting on the department’s Internet Web site. +(c) To the extent possible, the department shall, in connection with its duty to implement Section 14707.5, share with county boards of supervisors data that will assist in the development of mental health service plans, such as data described in federal regulations at 42 C.F.R. 438.350 et seq., subdivision (c) of Section 16501.4, and paragraph (1) of subdivision (a) of Section 1538.8 of the Health and Safety Code. +(d) The department shall annually share performance outcome system data with county boards of supervisors for the purpose of informing mental health service plans. Performance outcome system data shared with county boards of supervisors shall include, but not be limited to, the following disaggregated data for Medi-Cal eligible minor and nonminor dependents in foster care: +(1) The number of youth receiving specialty mental health services. +(2) The racial distribution of youth receiving specialty mental health services. +(3) The gender distribution of youth receiving specialty mental health services. +(4) The number of youth, by race, with one or more specialty mental health service visits. +(5) The number of youth, by race, with five or more specialty mental health service visits. +(6) Utilization data for intensive home services, intensive care coordination, case management, therapeutic behavioral services, medication support services, crisis intervention, crisis stabilization, full-day intensive treatment, full-day treatment, full-day rehabilitation, and hospital inpatient days. +(7) A unique count of youth receiving specialty mental health services who are arriving, exiting, and continuing with services. +(e) The department shall ensure that the performance outcome system data metrics include disaggregated data for Medi-Cal eligible minor and nonminor dependents in foster care. These data shall be in a format that can be analyzed.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including specialty mental health services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, specialty mental health services are provided by mental health plans and the department is responsible for conducting investigations and audits of claims and reimbursements for expenditures for specialty mental health services provided by mental health plans to Medi-Cal eligible individuals. +This bill would require annual mental health plan reviews to be conducted by an external quality review organization (EQRO) and, commencing July 1, 2018, would require those reviews to include specific data for Medi-Cal eligible minor and nonminor dependents in foster care, including the number of Medi-Cal eligible minor and nonminor dependents in foster care served each year. The bill would require the department to share data with county boards of supervisors, including data that will assist in the development of mental health service plans and performance outcome system data and metrics, as specified. +This bill would require the department to post any corrective action plan prepared by the mental health plan to address deficiencies identified by the EQRO review and the EQRO data on its Internet Web site, as specified. The bill would also require the department to notify the mental health plan of any deficiencies and would require the mental health plan to provide a written corrective action plan to the department.","An act to add Section 14717.5 to the Welfare and Institutions Code, relating to Medi-Cal." +351,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 933.05 of the +Penal Code +is amended to read: +933.05. +(a)For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: +(1)The respondent agrees with the finding. +(2)The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. +(b)For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: +(1)The recommendation has been implemented, with a summary regarding the implemented action. +(2)The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. +(3)The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. +(4)The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. +(c)If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. +(d)(1)A grand jury shall request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. +(2)A grand jury may disclose the factual data used in making its findings during discussions conducted pursuant to paragraph (1). +(3)A grand jury may provide to a subject person or entity for comment an administrative draft of that portion of the grand jury’s report relating to that subject person or entity. An administrative draft provided pursuant to this paragraph shall include proposed grand jury findings, may include the factual data utilized in making the grand jury’s findings, and shall not include the grand jury’s recommendations. Within a time period determined by the grand jury, but no sooner than 10 days after the grand jury submits an administrative draft of its report to a subject person or entity for comment, the subject person or entity may file with the grand jury written comments on the findings and data included in the administrative draft pertaining to that subject person or entity. An officer, agency, department, or governing body of a public agency shall not disclose any contents of the administrative draft of the report prior to the public release of the final report. +(e)During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. +(f)A grand jury shall provide to the affected agency for comment a copy of the portion of the grand jury report relating to that person or entity no later than 10 days prior to its public release and after the approval of the presiding judge. All written comments of the affected agency may be submitted to the presiding judge of the superior court who impaneled the grand jury no later than 10 days after receipt of a copy of the grand jury final report by the affected agency. A copy of all written comments by the affected agency shall be placed on file as part of the contents of the applicable grand jury final report and included in the public release of the final report. An officer, agency, department, or governing body of a public agency shall not disclose any contents of the report prior to the public release of the final report. +(g)(1)Notwithstanding any other law, except as provided in paragraph (2), the governing body of an affected agency may meet in closed session to discuss and prepare written comments of the affected agency to both of the following: +(A)The findings and factual data contained in an administrative draft of the grand jury report submitted for comment by a grand jury pursuant to paragraph (3) of subdivision (d). +(B)A grand jury final report submitted for comment by a grand jury pursuant to subdivision (f). +(2)If the legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body shall do so in a meeting conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) unless exempted from this requirement by some other provision of law. +SECTION 1. +Section 933.05 of the Penal Code is amended to read: +933.05. +(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: +(1) The respondent agrees with the finding. +(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. +(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: +(1) The recommendation has been implemented, with a summary regarding the implemented action. +(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. +(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. +(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. +(c) +However, if +If +a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. +(d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. +(e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. +(f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. +(g) This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 2. +Section 933.05 is added to the Penal Code, to read: +933.05. +(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: +(1) The respondent agrees with the finding. +(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. +(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: +(1) The recommendation has been implemented, with a summary regarding the implemented action. +(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. +(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. +(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. +(c) If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. +(d) (1) A grand jury shall conduct at least one exit interview of an official or other responsible representative of each entity to which recommendations will be directed in a final grand jury report. The grand jury shall read to, and discuss with, the exit interviewee the draft findings of the report that relate to that entity in order to verify the accuracy of the findings. +(2) The grand jury may also discuss with the exit interviewee the facts in that report that support one or more of those findings. +(3) With the court’s approval, the grand jury may provide to the exit interviewee a copy of the draft findings related to that entity and may allow the subject entity to provide written comments to the grand jury concerning the draft findings within a time to be determined by the grand jury, but at least five working days after providing the draft findings to the exit interviewee. +(4) The grand jury shall not reveal to the exit interviewee the name of any person, or another fact that identifies any person, who provided information to the grand jury. +(5) Any draft findings given to the exit interviewee shall remain confidential and shall not be distributed to anyone outside the entity prior to or after the release of the final report. The exit interviewee and any board, officer, employee, or agent of the entity shall not publicly reveal any other information obtained during the exit interview prior to the public release of the report. +(e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. +(f) A grand jury shall provide to the affected entity a copy of the portion of the grand jury report relating to that person or entity no later than six working days prior to its public release and after the approval of the presiding judge. The subject person or entity may submit a preliminary response on behalf of the affected entity to the presiding judge of the superior court who impaneled the grand jury, with a copy of that preliminary response submitted to the grand jury, no later than six working days after receipt of a copy of the grand jury final report by the affected entity. The grand jury shall, when the final report is publicly released, also release a copy of any preliminary response that relates to the final report either by posting the preliminary response on an Internet Web site or by electronic transmission with the final report. If the grand jury distributes printed copies of the report, the preliminary response or a citation to the Internet Web site where the report and preliminary response, if any, are posted shall be included with or in the report. A board, officer, employee, agent, department, or governing body of the entity shall not disclose any contents of the report prior to the public release of the final report. +(g) (1) Notwithstanding any other law, except as provided in paragraph (2), the governing body of an affected entity may meet in closed session to do both of the following: +(A) Discuss and prepare written comments of the affected entity to the confidential draft findings and the facts related to those confidential draft findings of the grand jury report submitted to the entity by the grand jury pursuant to paragraph (3) of subdivision (d). +(B) Discuss and prepare a written preliminary response to a grand jury final report submitted to the entity by the grand jury pursuant to subdivision (f). +(2) If the legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body shall do so in a meeting conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) unless exempted from this requirement by some other law. +(h) This section shall become operative on July 1, 2017. +SEC. 2. +SEC. 3. +The Legislature finds and declares that Section 1 of this act, which amends Section 933.05 of the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +In order to protect the confidentiality of grand jury investigations and reports, it is necessary for this act to take effect.","(1) Existing law sets forth the duties of the grand jury +of each county +. Existing law requires the grand jury to submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year. Existing law authorizes a grand jury to request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. +This bill would require a grand jury to request a subject person or entity to come before the grand jury as described above. The bill would authorize a grand jury to disclose the factual data used in making its findings during discussions conducted pursuant to these provisions. +This bill would authorize a grand jury to provide to a subject person or entity for comment an administrative draft of that portion of the grand jury’s report relating to that subject person or entity. The bill would require an administrative draft provided pursuant to this provision to include proposed grand jury findings, would authorize the draft to include the factual data utilized in making the grand jury’s findings, and would prohibit the draft from including the grand jury’s recommendations. Within a time period determined by the grand jury, but no sooner than 10 days after the grand jury submits an administrative draft of its report to a subject person or entity for comment, the bill would authorize the subject person or entity to file with the grand jury written comments on the findings and data included in the administrative draft pertaining to that subject person or entity. The bill would prohibit an officer, agency, department, or governing body of a public agency from disclosing any contents of the administrative draft of the report prior to the public release of the final report. +This bill would delete the authority of a grand jury to request a subject person or entity to come before it for purposes of reading and discussing the findings of a grand jury report. The bill would instead require a grand jury to conduct at least one exit interview of an official or other responsible representative of each entity to which recommendations will be directed in a final grand jury report. The bill would authorize the grand jury, with the court’s approval, to provide to the exit interviewee a copy of the draft findings related to that entity and would allow the subject entity to provide written comments to the grand jury concerning the draft findings within a time to be determined by the grand jury, but at least 5 working days after providing the draft findings to the exit interviewee. The bill would require any draft findings given to the exit interviewee to remain confidential, would prohibit those findings from being distributed to anyone outside the entity prior to or after the release of the final report, and would prohibit the exit interviewee and any board, officer, employee, or agent of the entity from publicly revealing any other information obtained during the exit interview prior to the public release of the report. +Existing law requires a grand jury to provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity 2 working days prior to its public release and after the approval of the presiding judge. +This bill would instead require a grand jury to provide to the affected +agency for comment +entity +a copy of the portion of the grand jury report relating to that person or entity no later than +10 +6 working +days prior to its public release and after the approval of the presiding judge. The bill would authorize +all written comments of the affected agency to be submitted +the subject person or entity to submit a preliminary response on behalf of the affected entity +to the presiding judge of the superior court who impaneled the grand +jury +jury, with a copy of that preliminary response submitted to the grand jury, +no later than +10 +6 working +days after receipt of a copy of the grand jury final report by the affected agency. The bill would require +a copy of all written comments by the affected agency to be placed on file as part of the contents of the applicable +the +grand jury +to release, when the final report is publicly released, a copy of any preliminary response that relates to the +final report +and included in the public release of the final report. +either by posting the preliminary response on an Internet Web site or by electronic transmission with the final report, as specified. +(2) The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. +This bill would authorize the governing body of an affected +agency +entity +to meet in closed session to discuss and prepare written comments of the affected +agency +entity +to the +confidential draft +findings and +factual data contained in an administrative draft +the facts related to those confidential draft findings +of the grand jury report +and a grand jury final report +submitted +for comment +to the +entity +by +a +the +grand jury pursuant to the provisions described above. +The bill would also authorize the governing body of an affected entity to meet in closed session to discuss and prepare a written preliminary response to a grand jury final report submitted to the entity by the grand jury pursuant to the provisions described above. +The bill would require, if a legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body to do so in a meeting conducted pursuant to the Ralph M. Brown Act unless exempted from this requirement by some other provision of law. +(3) This bill would make its provisions operative beginning July 1, 2017. +(3) +(4) +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to +amend +amend, repeal, and add +Section 933.05 of the Penal Code, relating to grand juries." +352,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California has been a global leader in reducing the emissions of greenhouse gases through the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of Health and Safety Code) and the Governor’s Executive Orders S-3-05 and B-30-15. +(b) The state has developed a comprehensive climate adaptation strategy document titled “Safeguarding California: Implementation Action Plans” and has established the Integrated Climate Adaptation and Resiliency Program to further coordinate local and regional efforts with the state climate adaptation strategies. +(c) The state’s existing investment in natural infrastructure, including urban forest canopy, which helps accomplish both carbon sequestration and climate resilience, is at risk due to existing drought conditions. +(d) The drought has heightened awareness and underscored the importance of sustainable water management. +(e) Improved water retention and infiltration can greatly reduce reliance on potentially energy-intensive long-distance water imports and thereby reduce emissions of greenhouse gases. +(f) Through carbon sequestration, the protection and management of natural and working lands and organic waste diversion are both integral to accomplishing the state’s policy to reduce greenhouse gas levels. +(g) The state has recently developed a strategy to dramatically increase the diversion of organic waste from landfills, with the organic waste being used to create compost and mulch. +(h) Composting and use of organic waste in improved landscape and healthy soil management have great potential to be cost effective at reducing greenhouse gas levels through improved carbon soil sequestration and may also greatly improve water retention and infiltration of stormwater flows. +(i) Composting may also provide important environmental and agricultural cobenefits, including reduction of naturally occurring volatile organic compounds and ammonia, and may help the state address agriculture, dairy, and forestry waste in a proper and environmentally responsible manner. +SEC. 2. +Section 42649.87 of the Public Resources Code is amended to read: +42649.87. +(a) The California Environmental Protection Agency, in coordination with the department, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, shall develop and implement policies to aid in diverting organic waste from landfills by promoting the use of agricultural, forestry, and urban organic waste as a feedstock for compost and by promoting the appropriate use of that compost throughout the state. +(b) In developing policies pursuant to subdivision (a), the California Environmental Protection Agency shall promote a goal of reducing at least five million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, which include, but are not limited to, agricultural land, land used for forestry, and rangeland. The California Environmental Protection Agency shall work with the Department of Food and Agriculture to achieve this goal. +(c) The +California +Secretary for Environmental Protection Agency and the Secretary of Food and Agriculture shall ensure proper coordination of agency regulations and goals to implement this section. The California Environmental Protection Agency and the Department of Food and Agriculture, with the department, the State Water Resources Control Board, and the State Air Resources Board shall do all of the following: +(1) Assess the state’s progress towards developing the organic waste processing and recycling infrastructure necessary to meet the state goals specified in Assembly Bill 341 (Chapter 476 of the Statutes of 2011), Assembly Bill 1826 (Chapter 727 of the Statutes of 2014), the State Air Resources Board’s May 2015 Short-Lived Climate Pollutant Reduction Strategy concept paper, and the Department of Food and Agriculture’s Healthy Soils Initiative. +(2) Meet at least quarterly and consult with interested stakeholders, including, but not limited to, the compost industry, local governments, and environmental organizations, to encourage the continued viability of the state’s organic waste processing and recycling infrastructure. +(3) Hold at least one public workshop annually to inform the public of actions taken to implement this section and to receive public comment. +(4) +(A) +Develop recommendations for promoting organic waste processing and recycling infrastructure statewide, which shall be posted on the California Environmental Protection Agency’s Internet Web site no later than January 1, 2017, and updated annually thereafter. +(B) Develop recommendations for promoting the use of compost throughout the state, which shall be posted on the California Environmental Protection Agency’s Internet Web site no later than January 1, 2018, and updated annually thereafter, and identify an implementing agency for purposes of Section 42649.89. +(5) Assess state programs to determine how those programs may increase the use of compost for purposes of increasing carbon sequestration in urban and rural areas. +(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 3. +Section 42649.89 is added to the Public Resources Code, to read: +42649.89. +(a) The implementing agency identified pursuant to paragraph (4) of subdivision (c) of Section 42649.87 shall develop a program to implement policies for promoting the use of compost throughout the state, if recommended pursuant to paragraph (4) of subdivision (c) of Section 42649.87. +(b) For purposes of the program developed pursuant to subdivision (a), the implementing agency shall prioritize projects that utilize the services of community conservation corps, as defined in Section 14507.5, or other local non-profit entities that employ underprivileged youth. +SEC. 2. +SEC. 4. +Division 45 (commencing with Section 75300) is added to the Public Resources Code, to read: +DIVISION 45. Community Climate and Drought Resilience Program of 2016 +CHAPTER 1. General Provisions and Definitions +75300. +In enacting this division, it is the intent of the Legislature to do both of the following: +(a) Establish an innovative natural resource management program that improves carbon sequestration, improves drought preparedness, and helps California communities address the effects of climate change through increased urban forest canopy, carbon soil sequestration, multibenefit stormwater management, organic waste diversion, and community greening. +(b) Enable opportunities for employment of California’s at-risk youth in climate-friendly landscape management strategies, especially in disadvantaged communities. +75301. +The Department of Forestry and Fire Protection and the Department of Resources Recycling and Recovery, in implementing this division, shall promote policies and incentives that advance all of the following: +(a) Help urban and rural communities adapt to the effects of climate change. +(b) Improve water management and drought preparedness. +(c) Provide workforce training to young men and women in disadvantaged communities. +(d) Maximize carbon sequestration and ensure the associated greenhouse gas reduction benefits are maintained through both of the following: +(1) Improvement and continued management of urban forest canopy and carbon soil sequestration. +(2) Development and application of compost made from organic waste that is diverted from landfills. +75305. +For purposes of this division, the following definitions apply: +(a) “CalFire” means the Department of Forestry and Fire Protection. +(b) “CalRecycle” means the Department of Resources Recycling and Recovery. +(c) “Disadvantaged communities” means communities identified pursuant to Section 39711 of the Health and Safety Code. +CHAPTER 2. Urban Forestry +75310. +(a) CalFire shall review the urban forestry program implemented pursuant to the California Urban Forestry Act of 1978 (Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 4), and revise the program, if necessary, to do both of the following: +(1) Provide funding priority to multibenefit carbon sequestration projects. Eligible project categories shall include, but are not limited to, all of the following: +(A) Mulching, watering, or pruning. +(B) The use of onsite water capture, recycled water, and other local water sources. +(C) Emergency drought response measures that reduce tree mortality, ensure optimal tree health, and preserve the carbon sequestration and climate resilience benefits of the urban forest. +(2) Establish local or regional targets for urban tree canopy, especially in disadvantaged communities that tend to be most vulnerable to urban heat island effect. These targets shall include urban forest diversity, tree species’ adaptability to anticipated climate change impacts, and other relevant factors. +(b) CalFire shall develop or update its regulations, as necessary, to implement the requirements of the chapter and shall provide both of the following: +(1) Planning and technical assistance for eligible applicants assisting disadvantaged communities. +(2) Guidance to grantees and local governments regarding best practices and metrics for maintaining urban forest health. +3. +The Use of Compost in Farming and Landscaping Practices +75320. +(a)By July 1, 2017, CalRecycle, in consultation with relevant state agencies, shall develop and implement a program that provides incentives for the use of compost from organic waste in farming and landscaping practices that increase drought resilience and result in quantifiable reductions in the emissions of greenhouse gases through increased carbon sequestration in urban and rural areas. +(b)In implementing this program, CalRecycle shall enter into an agreement with state-certified conservation corps to assist community outreach, compost delivery and application, and other urban greening projects that are eligible under the program. +(c)CalRecycle shall develop and update regulations for the implementation of this chapter.","Existing law authorizes the Department of Forestry and Fire Protection (CalFire) to implement a program in urban forestry to encourage better tree management and planting in urban areas to increase integrated, multibenefit projects by assisting urban areas with innovative solutions to problems, including greenhouse gas emissions, public health impacts of poor air and water quality, urban heat island effect, stormwater management, water shortages, lack of green space, lack of urban parks that are accessible to pedestrians, vandalism, and insufficient tree maintenance. +Existing law authorizes the Department of Resources Recycling and Recovery (CalRecycle) to develop a program to increase the use of compost products in agricultural applications. +This bill would enact the Community Climate and Drought Resilience Program of 2016 and would require CalFire to review the urban forestry program and, if necessary, revise the program to provide funding priority to multibenefit carbon sequestration projects and to establish local or regional targets for urban tree canopy. +The bill would require CalRecycle, by July 1, 2017, to develop and implement a program that provides incentives for certain projects that increase drought resilience and result in quantifiable reductions in the emissions of greenhouse gases through increased carbon sequestration in urban and rural areas. +Existing law requires the California Environmental Protection Agency, in coordination with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, to develop and implement policies to aid in diverting organic waste from landfills by promoting the composting of specified organic waste and by promoting the appropriate use of that compost throughout the state. Existing law requires the agency and the Department of Food and Agriculture, with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the State Air Resources Board, to perform specified functions, including developing recommendations for promoting organic waste processing and recycling infrastructure statewide. +This bill would require the agency and the Department of Food and Agriculture, with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the State Air Resources Board, to additionally assess state programs to determine how those programs may increase the use of compost for specified purposes and develop recommendations for promoting the use of compost throughout the state. The bill would require that those recommendations be posted on the agency’s Internet Web site no later than January 1, 2018, and be updated annually thereafter. The bill would require an implementing agency, required to be identified with those recommendations, to develop a program to implement policies for promoting the use of compost throughout the state, if recommended, and, for purposes of that program, to prioritize projects that utilize the services of community conservation corps or other local nonprofit entities that employ underprivileged youth.","An act to +amend Section 42649.87 of, +to +add +Section 42649.89 to, and to add +Division 45 (commencing with Section 75300) +to +to, +the Public Resources Code, relating to the environment." +353,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2962 of the Penal Code is amended to read: +2962. +As a condition of parole, a prisoner who meets the following criteria shall be provided necessary treatment by the State Department of State Hospitals as follows: +(a) (1) The prisoner has a severe mental disorder that is not in remission or that cannot be kept in remission without treatment. +(2) The term “severe mental disorder” means an illness or disease or condition that substantially impairs the person’s thought, perception of reality, emotional process, or judgment; or which grossly impairs behavior; or that demonstrates evidence of an acute brain syndrome for which prompt remission, in the absence of treatment, is unlikely. The term “severe mental disorder,” as used in this section, does not include a personality or adjustment disorder, epilepsy, mental retardation or other developmental disabilities, or addiction to or abuse of intoxicating substances. +(3) The term “remission” means a finding that the overt signs and symptoms of the severe mental disorder are controlled either by psychotropic medication or psychosocial support. A person “cannot be kept in remission without treatment” if during the year prior to the question being before the Board of Parole Hearings or a trial court, he or she has been in remission and he or she has been physically violent, except in self-defense, or he or she has made a serious threat of substantial physical harm upon the person of another so as to cause the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family, or he or she has intentionally caused property damage, or he or she has not voluntarily followed the treatment plan. In determining if a person has voluntarily followed the treatment plan, the standard shall be whether the person has acted as a reasonable person would in following the treatment plan. +(b) The severe mental disorder was one of the causes of, or was an aggravating factor in, the commission of a crime for which the prisoner was sentenced to prison. +(c) The prisoner has been in treatment for the severe mental disorder for 90 days or more within the year prior to the prisoner’s parole or release. +(d) (1) Prior to release on parole, the person in charge of treating the prisoner and a practicing psychiatrist or psychologist from the State Department of State Hospitals have evaluated the prisoner at a facility of the Department of Corrections and Rehabilitation, and a chief psychiatrist of the Department of Corrections and Rehabilitation has certified to the Board of Parole Hearings that the prisoner has a severe mental disorder, that the disorder is not in remission, or cannot be kept in remission without treatment, that the severe mental disorder was one of the causes or was an aggravating factor in the prisoner’s criminal behavior, that the prisoner has been in treatment for the severe mental disorder for 90 days or more within the year prior to his or her parole release day, and that by reason of his or her severe mental disorder the prisoner represents a substantial danger of physical harm to others. For prisoners being treated by the State Department of State Hospitals pursuant to Section 2684, the certification shall be by a chief psychiatrist of the Department of Corrections and Rehabilitation, and the evaluation shall be done at a state hospital by the person at the state hospital in charge of treating the prisoner and a practicing psychiatrist or psychologist from the Department of Corrections and Rehabilitation. +(2) If the professionals doing the evaluation pursuant to paragraph (1) do not concur that (A) the prisoner has a severe mental disorder, (B) that the disorder is not in remission or cannot be kept in remission without treatment, or (C) that the severe mental disorder was a cause of, or aggravated, the prisoner’s criminal behavior, and a chief psychiatrist has certified the prisoner to the Board of Parole Hearings pursuant to this paragraph, then the Board of Parole Hearings shall order a further examination by two independent professionals, as provided for in Section 2978. +(3) If at least one of the independent professionals who evaluate the prisoner pursuant to paragraph (2) concurs with the chief psychiatrist’s certification of the issues described in paragraph (2), this subdivision shall be applicable to the prisoner. The professionals appointed pursuant to Section 2978 shall inform the prisoner that the purpose of their examination is not treatment but to determine if the prisoner meets certain criteria to be involuntarily treated as a mentally disordered offender. It is not required that the prisoner appreciate or understand that information. +(e) The crime referred to in subdivision (b) meets both of the following criteria: +(1) The defendant received a determinate sentence pursuant to Section 1170 for the crime. +(2) The crime is one of the following: +(A) Voluntary manslaughter. +(B) Mayhem. +(C) Kidnapping in violation of Section 207. +(D) Any robbery wherein it was charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of that robbery. +(E) Carjacking, as defined in subdivision (a) of Section 215, if it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of the carjacking. +(F) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262. +(G) Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. +(H) Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. +(I) Lewd acts on a child under 14 years of age in violation of Section 288. +(J) Continuous sexual abuse in violation of Section 288.5. +(K) The offense described in subdivision (a) of Section 289 where the act was accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. +(L) Arson in violation of subdivision (a) of Section 451, or arson in violation of any other provision of Section 451 or in violation of Section 455 where the act posed a substantial danger of physical harm to others. +(M) Any felony in which the defendant used a firearm which use was charged and proved as provided in Section 12022.5, 12022.53, or 12022.55. +(N) A violation of Section 18745. +(O) Attempted murder. +(P) A crime not enumerated in subparagraphs (A) to (O), inclusive, in which the prisoner used force or violence, or caused serious bodily injury as defined in paragraph (4) of subdivision (f) of Section 243. +(Q) A crime in which the perpetrator expressly or impliedly threatened another with the use of force or violence likely to produce substantial physical harm in such a manner that a reasonable person would believe and expect that the force or violence would be used. For purposes of this subparagraph, substantial physical harm shall not require proof that the threatened act was likely to cause great or serious bodily injury. +(f) For purposes of meeting the criteria set forth in this section, the existence or nature of the crime, as defined in paragraph (2) of subdivision (e), for which the prisoner has been convicted may be shown with documentary evidence. The details underlying the commission of the offense that led to the conviction, including the use of force or violence, causing serious bodily injury, or the threat to use force or violence likely to produce substantial physical harm, may be shown by documentary evidence, including, but not limited to, preliminary hearing transcripts, trial transcripts, probation and sentencing reports, and evaluations by the State Department of State Hospitals. +(g) As used in this chapter, “substantial danger of physical harm” does not require proof of a recent overt act.","Existing law requires, as a condition of parole, a prisoner who has a severe mental disorder that is not in remission and who meets specified criteria to be treated by the State Department of State Hospitals and provided the necessary treatment. In order for that commitment to occur, existing law requires, among other criteria, that the severe mental disorder be one of the causes of, or an aggravating factor in, the commission of the crime, as defined, for which the prisoner was sentenced to prison. Existing law also requires the prisoner to have been in treatment for the severe mental disorder for 90 days or more within the year prior to the prisoner’s parole or release. Existing law establishes procedures for the evaluation of a prisoner under these provisions by specified health practitioners of the State Department of State Hospitals and the Department of Corrections and Rehabilitation. +This bill would authorize the use of certain documentary evidence for purposes of satisfying the criteria used to evaluate whether a prisoner released on parole is required to be treated by the State Department of State Hospitals.","An act to amend Section 2962 of the Penal Code, relating to mentally ill prisoners." +354,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10095 of the Insurance Code is amended to read: +10095. +(a) Within 30 days following the effective date of this chapter, the association shall submit to the commissioner, for his or her review, a proposed plan of operation, consistent with the provisions of this chapter, creating an association consisting of all insurers licensed to write and engaged in writing in this state, on a direct basis, basic property insurance or any component of basic property insurance in homeowners or other dwelling multiperil policies. An insurer described in this subdivision shall be a member of the association and shall remain a member as a condition of its authority to transact those kinds of insurance in this state. +(b) The proposed plan shall authorize the association to assume and cede reinsurance on risks written by insurers in conformity with the program. +(c) Under the plan, an insurer shall participate in the writings, expenses, and profits and losses of the association in the proportion that its premiums written during the second preceding calendar year bear to the aggregate premiums written by all insurers in the program, excluding that portion of the premiums written attributable to the operation of the association. Premiums written on a policy of basic residential earthquake insurance issued by the California Earthquake Authority pursuant to Section 10089.6 shall be attributed to the insurer that writes the underlying policy of residential property insurance. +(d) The plan shall provide for administration by a governing committee under rules to be adopted by the governing committee with the approval of the commissioner. Voting on administrative questions of the association and facility shall be weighted in accordance with each insurer’s premiums written during the second preceding calendar year as disclosed in the reports filed by the insurer with the commissioner. +(e) The plan shall provide for a plan to encourage persons to secure basic property insurance through normal channels from an admitted insurer or a licensed surplus line broker by informing those persons what steps they must take in order to secure the insurance through normal channels. +(f) The plan shall be subject to the approval of the commissioner and shall go into effect upon the tentative approval of the commissioner. The commissioner may, at any time, withdraw his or her tentative approval or he or she may, at any time after he or she has given his or her final approval, revoke that approval if he or she feels it is necessary to carry out the purposes of the chapter. The withdrawal or revocation of that approval shall not affect the validity of any policies executed prior to the date of the withdrawal. If the commissioner disapproves or withdraws or revokes his or her approval to all or any part of the plan of operation, the association shall, within 30 days, submit for review an appropriately revised plan or part of a revised plan, and, if the association fails to do so, or if the revised plan is unacceptable, the commissioner shall promulgate a plan of operation or part of a plan as he or she may deem necessary to carry out the purposes of this chapter. +(g) The association may, on its own initiative or at the request of the commissioner, amend the plan of operation, subject to approval by the commissioner, who shall have supervision of the inspection bureau, the facility, and the association. The commissioner or any person designated by him or her, shall have the power of visitation of and examination into the operation and free access to all the books, records, files, papers, and documents that relate to operation of the facility and association, and may summon, qualify, and examine as witnesses all persons having knowledge of those operations, including officers, agents, or employees thereof. +(h) Every insurer member of the plan shall provide to applicants who are denied coverage the statewide toll-free telephone number for the plan established pursuant to Section 10095.5 for the purpose of obtaining information and assistance in obtaining basic property insurance. +(i) This section shall remain in effect only until March 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before March 1, 2017, deletes or extends that date. +SEC. 2. +Section 10095 is added to the Insurance Code, to read: +10095. +(a) Within 30 days following the effective date of this chapter, the association shall submit to the commissioner, for his or her review, a proposed plan of operation, consistent with the provisions of this chapter, creating an association consisting of all insurers licensed to write and engaged in writing in this state, on a direct basis, basic property insurance or any component of basic property insurance in homeowners or other dwelling multiperil policies. An insurer described in this subdivision shall be a member of the association and shall remain a member as a condition of its authority to transact those kinds of insurance in this state. +(b) The proposed plan shall authorize the association to assume and cede reinsurance on risks written by insurers in conformity with the program. +(c) Under the plan, an insurer shall participate in the writings, expenses, and profits and losses of the association in the proportion that its premiums written during the second preceding calendar year bear to the aggregate premiums written by all insurers in the program, excluding that portion of the premiums written attributable to the operation of the association. Premiums written on a policy of basic residential earthquake insurance issued by the California Earthquake Authority pursuant to Section 10089.6 shall be attributed to the insurer that writes the underlying policy of residential property insurance. +(d) The plan shall provide for administration by a governing committee under rules to be adopted by the governing committee with the approval of the commissioner. Voting on administrative questions of the association and facility shall be weighted in accordance with each insurer’s premiums written during the second preceding calendar year as disclosed in the reports filed by the insurer with the commissioner. +(e) The plan shall provide for a plan to encourage persons to secure basic property insurance through normal channels from an admitted insurer or a licensed surplus line broker by informing those persons what steps they must take in order to secure the insurance through normal channels. +(f) The plan shall be subject to the approval of the commissioner and shall go into effect upon the tentative approval of the commissioner. The commissioner may, at any time, withdraw his or her tentative approval or he or she may, at any time after he or she has given his or her final approval, revoke that approval if he or she feels it is necessary to carry out the purposes of the chapter. The withdrawal or revocation of that approval shall not affect the validity of any policies executed prior to the date of the withdrawal. If the commissioner disapproves or withdraws or revokes his or her approval to all or any part of the plan of operation, the association shall, within 30 days, submit for review an appropriately revised plan or part of a revised plan, and, if the association fails to do so, or if the revised plan is unacceptable, the commissioner shall promulgate a plan of operation or part of a plan as he or she may deem necessary to carry out the purposes of this chapter. +(g) The association may, on its own initiative or at the request of the commissioner, amend the plan of operation, subject to approval by the commissioner, who shall have supervision of the inspection bureau, the facility, and the association. The commissioner or any person designated by him or her, shall have the power of visitation of and examination into the operation and free access to all the books, records, files, papers, and documents that relate to operation of the facility and association, and may summon, qualify, and examine as witnesses all persons having knowledge of those operations, including officers, agents, or employees thereof. +(h) An insurer member of the plan shall provide to an applicant who is denied coverage, or a policyholder whose policy is canceled or not renewed, the Internet Web site address and statewide toll-free telephone number for the plan established pursuant to Section 10095.5 for the purpose of obtaining information and assistance in obtaining basic property insurance. +(i) This section shall become operative March 1, 2017. +SEC. 3. +Section 10095.5 of the Insurance Code is amended to read: +10095.5. +(a) The association shall establish and maintain an Internet Web site and a statewide toll-free telephone number through which a person may receive information and assistance in applying for insurance through the plan. The association shall cause the toll-free telephone number to be published in all general distribution telephone directories in the state and shall include the toll-free telephone number and Internet Web site address on all communications with an applicant or insured. +(b) An insurance agent or broker transacting basic property insurance shall assist a person seeking his or her help in obtaining basic property insurance coverage by any one of the following methods: +(1) Making an application for insurance through the plan by submitting an application at the person’s request. +(2) Providing the person with the California FAIR Plan’s Internet Web site address and the toll-free telephone number. +(3) Making an application for insurance, at the person’s request, and placing that person with or through an insurer that offers, or a surplus line broker that procures, basic property insurance coverage. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to have the consumer protections proposed in this act become operative as soon as possible for homeowners who are having difficulty obtaining insurance coverage for their property because they are located in high-risk brush and wildfire areas, and to provide insurers adequate time to amend and prepare their required notices to customers about the availability of coverage through the California FAIR (fair access to insurance requirements) Plan, it is necessary for this act to take effect immediately.","Under existing law, the California FAIR (fair access to insurance requirements) Plan Association is a joint reinsurance association of state insurers that is established to, among other things, assist persons in securing basic property insurance for qualified property for which insurance cannot be obtained through the normal insurance market. Existing law requires the association to establish and maintain a toll-free telephone number through which a person may receive assistance in applying for basic property insurance. Existing law requires an insurer member of the plan to provide to an applicant who is denied coverage the toll-free telephone number for the plan for information and assistance in obtaining basic property insurance. Existing law requires an agent or broker transacting basic property insurance to either assist a person in making an application for insurance through the plan or to provide the person with that toll-free telephone number. +This bill would additionally require the association to establish and maintain an Internet Web site at which a person may receive information and assistance in applying for insurance through the plan and would require the association to include the toll-free telephone number and the Internet Web site address on all communications with an applicant or an insured. The bill, beginning March 1, 2017, would require an insurer member to provide an applicant denied coverage or a policyholder whose policy is canceled or not renewed both that Internet Web site address and toll-free telephone number. The bill would delete the provision permitting an agent or broker to provide the toll-free telephone number of the plan as an alternative to assisting a person in making an application for insurance through the plan, and would instead require an agent or broker to assist a person seeking his or her help in obtaining basic property insurance coverage by making an application for insurance through the plan by submitting an application at the person’s request, by providing the person with the California FAIR Plan’s Internet Web site address and the toll-free telephone number, or by making an application for insurance, at the person’s request, and placing that person with or through an insurer that offers, or a surplus line broker that procures, basic property insurance coverage. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 10095.5 of, and to amend, repeal, and add Section 10095 of, the Insurance Code, relating to insurance, and declaring the urgency thereof, to take effect immediately." +355,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 170 of the Revenue and Taxation Code is amended to read: +170. +(a) Notwithstanding any other law, the board of supervisors, by ordinance, may provide that every assessee of any taxable property, or any person liable for the taxes on that property, whose property was damaged or destroyed without his or her fault, may apply for reassessment of that property as provided in this section. The ordinance may also specify that the assessor may initiate the reassessment where the assessor determines that within the preceding 12 months taxable property located in the county was damaged or destroyed. +To be eligible for reassessment the damage or destruction to the property shall have been caused by any of the following: +(1) A major misfortune or calamity, in an area or region subsequently proclaimed by the Governor to be in a state of emergency or disaster, if that property was damaged or destroyed by the major misfortune or calamity that caused the Governor to proclaim the area or region to be in a state of emergency or disaster. As used in this paragraph, “damage” includes a diminution in the value of property as a result of restricted access or environmental contamination to the property where that restricted access or environmental contamination was caused by the major misfortune or calamity. +(2) A misfortune or calamity. +(3) A misfortune or calamity that, with respect to a possessory interest in land owned by the state or federal government, has caused the permit or other right to enter upon the land to be suspended or restricted. As used in this paragraph, “misfortune or calamity” includes a drought condition such as existed in this state in 1976 and 1977. +The application for reassessment may be filed within the time specified in the ordinance or within 12 months of the misfortune or calamity, whichever is later, by delivering to the assessor a written application requesting reassessment showing the condition and value, if any, of the property immediately after the damage or destruction, and the dollar amount of the damage. The application shall be executed under penalty of perjury, or if executed outside the State of California, verified by affidavit. +An ordinance may be made applicable to a major misfortune or calamity specified in paragraph (1) or to any misfortune or calamity specified in paragraph (2), or to both, as the board of supervisors determines. An ordinance shall not be made applicable to a misfortune or calamity specified in paragraph (3), unless an ordinance making paragraph (2) applicable is operative in the county. The ordinance may specify a period of time within which the ordinance shall be effective, and, if no period of time is specified, it shall remain in effect until repealed. +(b) Upon receiving a proper application, the assessor shall appraise the property and determine separately the full cash value of land, improvements, and personalty immediately before and after the damage or destruction. If the sum of the full cash values of the land, improvements, and personalty before the damage or destruction exceeds the sum of the values after the damage by ten thousand dollars ($10,000) or more, the assessor shall also separately determine the percentage reductions in value of land, improvements, and personalty due to the damage or destruction. The assessor shall reduce the values appearing on the assessment roll by the percentages of damage or destruction computed pursuant to this subdivision, and the taxes due on the property shall be adjusted as provided in subdivision (e). However, the amount of the reduction shall not exceed the actual loss. +(c) (1) As used in this subdivision, “board” means either the county board of supervisors acting as the county board of equalization, or an assessment appeals board established by the county board of supervisors in accordance with Section 1620, as applicable. +(2) The assessor shall notify the applicant in writing of the amount of the proposed reassessment. The notice shall state that the applicant may appeal the proposed reassessment to the board within six months of the date of mailing the notice. If an appeal is requested within the six-month period, the board shall hear and decide the matter as if the proposed reassessment had been entered on the roll as an assessment made outside the regular assessment period. The decision of the board regarding the damaged value of the property shall be final, provided that a decision of the board regarding any reassessment made pursuant to this section shall create no presumption as regards the value of the affected property subsequent to the date of the damage. +(3) Those reassessed values resulting from reductions in full cash value of amounts, as determined above, shall be forwarded to the auditor by the assessor or the clerk of the board, as the case may be. The auditor shall enter the reassessed values on the roll. After being entered on the roll, those reassessed values shall not be subject to review, except by a court of competent jurisdiction. +(d) (1) If no application is made and the assessor determines that within the preceding 12 months a property has suffered damage caused by misfortune or calamity that may qualify the property owner for relief under an ordinance adopted under this section, the assessor shall provide the last known owner of the property with an application for reassessment. The property owner shall file the completed application within 12 months after the occurrence of that damage. Upon receipt of a properly completed, timely filed application, the property shall be reassessed in the same manner as required in subdivision (b). +(2) This subdivision does not apply where the assessor initiated reassessment as provided in subdivision (a) or (l). +(e) The tax rate fixed for property on the roll on which the property so reassessed appeared at the time of the misfortune or calamity, shall be applied to the amount of the reassessment as determined in accordance with this section and the assessee shall be liable for: (1) a prorated portion of the taxes that would have been due on the property for the current fiscal year had the misfortune or calamity not occurred, to be determined on the basis of the number of months in the current fiscal year prior to the misfortune or calamity; plus, (2) a proration of the tax due on the property as reassessed in its damaged or destroyed condition, to be determined on the basis of the number of months in the fiscal year after the damage or destruction, including the month in which the damage was incurred. For purposes of applying the preceding calculation in prorating supplemental taxes, the term “fiscal year” means that portion of the tax year used to determine the adjusted amount of taxes due pursuant to subdivision (b) of Section 75.41. If the damage or destruction occurred after January 1 and before the beginning of the next fiscal year, the reassessment shall be utilized to determine the tax liability for the next fiscal year. However, if the property is fully restored during the next fiscal year, taxes due for that year shall be prorated based on the number of months in the year before and after the completion of restoration. +(f) Any tax paid in excess of the total tax due shall be refunded to the taxpayer pursuant to Chapter 5 (commencing with Section 5096) of Part 9, as an erroneously collected tax or by order of the board of supervisors without the necessity of a claim being filed pursuant to Chapter 5. +(g) (1) The assessed value of the property in its damaged condition, as determined pursuant to subdivision (b) compounded annually by the inflation factor specified in subdivision (a) of Section 51, shall be the taxable value of the property until it is restored, repaired, reconstructed, or other provisions of the law require the establishment of a new base year value. +(2) If partial reconstruction, restoration, or repair has occurred on any subsequent lien date, the taxable value shall be increased by an amount determined by multiplying the difference between its factored base year value immediately before the calamity and its assessed value in its damaged condition by the percentage of the repair, reconstruction, or restoration completed on that lien date. +(3) (A) On the third lien date following the calamity, if partial reconstruction, restoration, or repair is not progressing in a timely fashion, the assessed value of the property shall be determined pursuant to subdivision (a) of Section 51. +(B) This paragraph shall only apply to property destroyed or damaged in an area or region proclaimed by the Governor to be in a state of emergency. +(h) (1) When the property is fully repaired, restored, or reconstructed, the assessor shall make an additional assessment or assessments in accordance with subparagraph (A) or (B) upon completion of the repair, restoration, or reconstruction: +(A) If the completion of the repair, restoration, or reconstruction occurs on or after January 1, but on or before May 31, then there shall be two additional assessments. The first additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value on the current roll. The second additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value to be enrolled on the roll being prepared. +(B) If the completion of the repair, restoration, or reconstruction occurs on or after June 1, but before the succeeding January 1, then the additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value on the current roll. +(2) On the lien date following completion of the repair, restoration, or reconstruction, the assessor shall enroll the new taxable value of the property as of that lien date. +(3) For purposes of this subdivision, “new taxable value” shall mean the lesser of the property’s (A) full cash value, or (B) factored base year value or its factored base year value as adjusted pursuant to subdivision (c) of Section 70. +(i) The assessor may apply Chapter 3.5 (commencing with Section 75) of Part 0.5 in implementing this section, to the extent that chapter is consistent with this section. +(j) This section applies to all counties, whether operating under a charter or under the general laws of this state. +(k) Any ordinance in effect pursuant to former Section 155.1, 155.13, or 155.14 shall remain in effect according to its terms as if that ordinance was adopted pursuant to this section, subject to the limitations of subdivision (b). +(l) When the assessor does not have the general authority pursuant to subdivision (a) to initiate reassessments, if no application is made and the assessor determines that within the preceding 12 months a property has suffered damage caused by misfortune or calamity, that may qualify the property owner for relief under an ordinance adopted under this section, the assessor, with the approval of the board of supervisors, may reassess the particular property for which approval was granted as provided in subdivision (b) and notify the last known owner of the property of the reassessment. +(m) The amendments made to this section by the act adding this subdivision shall apply retroactively to the County of Los Angeles with respect to property located in the Porter Ranch neighborhood in the City of Los Angeles that was affected by the methane gas leak in that area in 2015 and 2016. Notwithstanding any other law, in the case of these properties, the application for reassessment may be filed within 12 months of the enactment of this subdivision or within the time specified in the ordinance, whichever is later. This subdivision does not alter any existing law regarding claims or defenses related to diminution of property values. The enactment of this subdivision does not in itself establish a presumption that property values have declined or that any property is in any way “damaged or destroyed” or otherwise “contaminated” for purposes of a civil action related to the methane gas leak that occurred in the Porter Ranch neighborhood of the City of Los Angeles in 2015 and 2016. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances related to the methane gas leak that occurred in the Porter Ranch neighborhood of the City of Los Angeles in 2015 and 2016. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to as soon as possible provide necessary relief to the residents of the Porter Ranch neighborhood in the City of Los Angeles that were affected by the methane gas leak that occurred there in 2015 and 2016, it is necessary that this act take effect immediately.","Existing property tax law authorizes the board of supervisors of a county to provide that every assessee or person liable for taxes on any taxable property whose property was damaged or destroyed without his or her fault may apply for reassessment of that property, as provided. To be eligible for reassessment, existing law requires that the damage or destruction of the property be caused by specified circumstances, including a major misfortune or calamity in an area or region subsequently proclaimed by the Governor to be in a state of disaster. +This bill would additionally authorize the board of supervisors of a county to provide for reassessment of property destroyed or damaged by a major misfortune or calamity in an area or region subsequently proclaimed by the Governor to be in a state of emergency. The bill would specify that “damage” includes a diminution in the value of property as a result of environmental contamination. The bill would also provide that the amendments made by its provisions would apply retroactively to property located in the Porter Ranch neighborhood in the City of Los Angeles that was affected by the methane gas leak in that area in 2015 and 2016 and that, with respect to these properties, the application for reassessment may be filed within 12 months of the enactment of this bill or within the time specified in the ordinance, whichever is later. The bill would specify that these provisions do not alter existing law regarding claims or defenses related to diminution of property values or establish a presumption that property values have declined or that any property is in any way “damaged or destroyed” or otherwise “contaminated” for purposes of a civil action related to the methane gas leak in the Porter Ranch neighborhood. +Existing law requires the assessed value of the property in its damaged condition, determined as specified, to be the taxable value of the property until it is restored, repaired, reconstructed, or other provisions of the law require the establishment of a new base year value. Existing law, if partial reconstruction, restoration, or repair has occurred on any subsequent lien date, requires the taxable value to be increased by a specified amount. +This bill, for property destroyed or damaged in an area or region proclaimed by the Governor to be in a state of emergency, on the 3rd lien date following the calamity, if partial reconstruction, restoration, or repair is not progressing in a timely fashion, would require the assessed value of the property to be determined, as specified. +This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 170 of the Revenue and Taxation Code, relating to taxation, and declaring the urgency thereof, to take effect immediately." +356,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 556.4 of the Penal Code is amended to read: +556.4. +For purposes of this article, information that appears on +any +a +sign, picture, transparency, advertisement, or mechanical device such as, but not limited to, the following, may be used as evidence to establish the fact, and may create an inference, that a person or entity is responsible for the posting of the sign, picture, transparency, advertisement, or mechanical device: +(a) The name, telephone number, address, or other identifying information regarding the real estate broker, real estate brokerage firm, real estate agent, or other person associated with the firm. +(b) The name, telephone number, address, or other identifying information of the owner or lessee of property used for a commercial activity or event. +(c) The name, telephone number, address, or other identifying information of the sponsor or promoter of a sporting event, concert, theatrical performance, or similar activity or event. +SECTION 1. +The Legislature finds and declares all of the following: +(a)On February 10, 2014, the three-judge court overseeing the California prison overcrowding class action case (Coleman v. Brown (2013) 952 F.Supp.2d 901) issued an order that, among other things, requires the state to implement an Elderly Parole Program so that prisoners who are 60 years of age or older and who have been incarcerated at least 25 years on their current sentence will be referred to the Board of Parole Hearings (BPH) to determine suitability for parole. The BPH implemented this Elderly Parole Program on October 1, 2014. +(b)Under the existing Elderly Parole Program hearings, prisoners who are 60 years of age or older and who have been incarcerated 25 years or more on their current sentence serving either a determinate or indeterminate sentence, and who have not yet had an initial parole suitability hearing are referred by the California Department of Corrections and Rehabilitation (CDCR) to the BPH and scheduled for an Elderly Parole Program Suitability hearing. +(c)Under the existing Elderly Parole Program hearings, prisoners who are 60 years of age or older and who have been incarcerated 25 years or more on their current term and who have already been denied parole at the initial suitability hearing are considered for a new hearing under the Elderly Parole Program. +(d)The BPH currently reviews all three-year denials annually to determine if a more prompt parole consideration hearing should be considered. Under the existing Elderly Parole Program, the BPH includes within that annual review whether any prisoner meets the elder parole eligibility criteria, and if so whether to schedule a hearing. +(e)Under the existing Elderly Parole Program, prisoners who have lengthier denial periods can file petitions with the BPH asking that their hearing be advanced because they meet the eligibility criteria for elder parole. +(f)The BPH may deny parole if an elderly prisoner’s release would pose an unreasonable risk of danger to public safety. Parole suitability hearing decisions for elderly parole inmates are reviewed in the same manner as all other parolees under eligibility consideration, pursuant to criteria specified by Section 2281 of Title 15 of the California Code of Regulations. However, for all Elderly Parole Program hearings, the BPH risk assessments consider whether age, time served, and diminished physical condition, if any, reduce elderly prisoners’ risk for future violence. +(g)The number of elderly prisoners in California state prisons will continue to increase exponentially. In 2013, the CDCR reported a population of prisoners 50 years of age and older as 27,580 and the population of prisoners 55 years of age and older as 14,856. +(h)Costs associated with geriatric medical needs begin to accumulate at 50 years of age, given that there is an overwhelming consensus that the age of 50 constitutes a point when prisoners are considered elderly. In 2010, the LAO estimated from other state projections that incarcerating elderly offenders costs two to three times more than for the general prison population. In 2010, the average cost of incarcerating an inmate was approximately $51,000. +(i)Older persons have significantly low arrest rates. In 2001, the federal arrest rate for persons 40 to 44, inclusive, years of age was 0.73 percent. The rate decreases by about one-half every five years, dropping to 0.46 percent for persons 45 to 49, inclusive, years of age and 0.26 percent for persons 50 to 54, inclusive, years of age. For persons 50 to 59, inclusive, years of age, the arrest rate plummets to 0.14 percent. +(j)There is a lower risk of recidivism among elderly prisoners, according to CDCR statistics. In 2013, CDCR reported that only 33.8 percent of persons who were 60 years of age and older, returned to prison after one year from being released from prison. Recidivism rates for persons 50 to 54, inclusive, years of age and 55 to 59, inclusive, years of age after one year from being released from prison were 39.9 and 38.3 percent, respectively. +SEC. 2. +Section 3055 is added to the +Penal Code +, to read: +3055. +(a)The Elderly Parole Program is hereby established, to be administered by the Board of Parole Hearings. +(b)A prisoner shall be considered for parole under the Elderly Parole Program if he or she meets all of the following conditions: +(1)The prisoner is 50 years of age or older. +(2)The prisoner has served 15 years of his or her sentence. +(3)The prisoner has a reentry plan identifying residential, financial, and social integration plans. +(c)When considering the release of a prisoner specified by subdivision (b) pursuant to Section 3041, the board shall give special consideration to whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoner’s risk for future violence. +(d)When scheduling a parole suitability hearing date pursuant to subdivision (b) of Section 3041.5 or when considering a request for an advance hearing pursuant to subdivision (d) of Section 3041.5, the board shall consider whether the prisoner meets or will meet the criteria specified in subdivision (b).","Existing law makes it a misdemeanor to place or maintain any sign, picture, transparency, advertisement, or mechanical device for the purpose of advertising on public or private property without lawful permission or consent of the owner. Existing law allows information that appears on the advertisement to be used as evidence to establish the fact that a person or entity is responsible for posting the advertisement. +This bill would make a technical, nonsubstantive change to these provisions. +Existing law requires the Board of Parole Hearings to meet with an inmate during the 6th year prior to the inmate’s minimum eligible parole release date to document the inmate’s activities and conduct pertinent to parole eligibility. Existing law, the Victims’ Bill of Rights Act of 2008: Marsy’s Law, as added by Proposition 9 at the November 4, 2008, statewide general election, requires the panel, or the board if sitting en banc, to set a release date at the meeting, unless it determines that consideration of the public and victim’s safety requires a more lengthy period of incarceration, and that a parole date cannot be fixed at the meeting. Existing law requires the board to schedule the next parole consideration hearing 15, 10, 7, 5, or 3 years after any hearing at which parole is denied. Existing law allows the board to advance a hearing set pursuant to these provisions to an earlier date when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require an additional period of incarceration. +Existing law, as added by Proposition 184, adopted November 8, 1994, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, imposes increased penalties for certain recidivist offenders. In particular, it requires that, in addition to any other enhancement or penalty provisions that may apply, if a defendant has 2 or more prior felony convictions, the term for the current felony conviction shall be an indeterminate term of imprisonment in the state prison for life with a minimum term of the greatest of 3 times the term otherwise provided as punishment for each current felony conviction subsequent to the 2 or more prior felony convictions, imprisonment in the state prison for 25 years, or the term determined by the court for the underlying conviction, including any applicable enhancement or punishment provisions. The initiative measure enacting the Three Strikes Law prohibits the Legislature from amending the act except by a statute passed by a +2 +3 +vote or by a statute that becomes effective only when approved by the electors. +This bill would establish the Elderly Parole Program, for prisoners who are 50 years of age or older, who have served 15 years of their sentence, and who have a reentry plan identifying residential, financial, and social integration plans. When considering the release of an inmate who meets this criteria, the bill would require the board to consider whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoner’s risk for future violence. The bill would also require the Board of Parole Hearings to consider whether a prisoner will qualify for the program when determining the prisoner’s next parole suitability hearing.","An act to +add +amend +Section +3055 to +556.4 of +the Penal Code, relating to +parole. +trespass." +357,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1808.4 of the Vehicle Code is amended to read: +1808.4. +(a) For all of the following persons, his or her home address that appears in a record of the department is confidential if the person requests the confidentiality of that information: +(1) Attorney General. +(2) State Public Defender. +(3) A Member of the Legislature. +(4) A judge or court commissioner. +(5) A district attorney. +(6) A public defender. +(7) An attorney employed by the Department of Justice, the office of the State Public Defender, or a county office of the district attorney or public defender. +(8) A city attorney and an attorney who submits verification from his or her public employer that the attorney represents the city in matters that routinely place the attorney in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if that attorney is employed by a city attorney. +(9) A nonsworn police dispatcher. +(10) A child abuse investigator or social worker, working in child protective services within a social services department. +(11) An active or retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. +(12) An employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or the Prison Industry Authority specified in Sections 20403 and 20405 of the Government Code. +(13) A nonsworn employee of a city police department, a county sheriff’s office, the Department of the California Highway Patrol, a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, who submits agency verification that, in the normal course of his or her employment, he or she controls or supervises inmates or is required to have a prisoner in his or her care or custody. +(14) A county counsel assigned to child abuse cases. +(15) An investigator employed by the Department of Justice, a county district attorney, or a county public defender. +(16) A member of a city council. +(17) A member of a board of supervisors. +(18) A federal prosecutor, criminal investigator, or National Park Service Ranger working in this state. +(19) An active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances. +(20) An employee of a trial court. +(21) A psychiatric social worker employed by a county. +(22) A police or sheriff department employee designated by the chief of police of the department or the sheriff of the county as being in a sensitive position. A designation pursuant to this paragraph shall, for purposes of this section, remain in effect for three years subject to additional designations that, for purposes of this section, shall remain in effect for additional three-year periods. +(23) A state employee in one of the following classifications: +(A) Licensing-Registration Examiner, Department of Motor Vehicles. +(B) Motor Carrier Specialist I, Department of the California Highway Patrol. +(C) Museum Security Officer and Supervising Museum Security Officer. +(D) Licensing Program Analyst, State Department of Social Services. +(24) (A) The spouse or child of a person listed in paragraphs (1) to (23), inclusive, regardless of the spouse’s or child’s place of residence. +(B) The surviving spouse or child of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if the peace officer died in the line of duty. +(C) (i) Subparagraphs (A) and (B) shall not apply if the person listed in those subparagraphs was convicted of a crime and is on active parole or probation. +(ii) For requests made on or after January 1, 2011, the person requesting confidentiality for their spouse or child listed in subparagraph (A) or (B) shall declare, at the time of the request for confidentiality, whether the spouse or child has been convicted of a crime and is on active parole or probation. +(iii) Neither the listed person’s employer nor the department shall be required to verify, or be responsible for verifying, that a person listed in subparagraph (A) or (B) was convicted of a crime and is on active parole or probation. +(D) (i) The department shall discontinue holding a home address confidential pursuant to this subdivision for a person specified in subparagraph (A) or (B) who is the child or spouse of a person described in paragraph (9), (11), (13), or (22) if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony. +(ii) The department shall comply with this subparagraph upon receiving notice of a disqualifying conviction from the agency that employs or formerly employed the parent or spouse of the convicted person, or as soon as the department otherwise becomes aware of the disqualifying conviction. +(b) The confidential home address of a person listed in subdivision (a) shall not be disclosed, except to any of the following: +(1) A court. +(2) A law enforcement agency. +(3) The State Board of Equalization. +(4) An attorney in a civil or criminal action that demonstrates to a court the need for the home address, if the disclosure is made pursuant to a subpoena. +(5) A governmental agency to which, under any provision of law, information is required to be furnished from records maintained by the department. +(c) (1) A record of the department containing a confidential home address shall be open to public inspection, as provided in Section 1808, if the address is completely obliterated or otherwise removed from the record. +(2) Following termination of office or employment, a confidential home address shall be withheld from public inspection for three years, unless the termination is the result of conviction of a criminal offense. If the termination or separation is the result of the filing of a criminal complaint, a confidential home address shall be withheld from public inspection during the time in which the terminated individual may file an appeal from termination, while an appeal from termination is ongoing, and until the appeal process is exhausted, after which confidentiality shall be at the discretion of the employing agency if the termination or separation is upheld. Upon reinstatement to an office or employment, the protections of this section are available. +(3) With respect to a retired peace officer, his or her home address shall be withheld from public inspection permanently upon request of confidentiality at the time the information would otherwise be opened. The home address of the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer. +(4) The department shall inform a person who requests a confidential home address what agency the individual whose address was requested is employed by or the court at which the judge or court commissioner presides. +(d) A violation of subdivision (a) by the disclosure of the confidential home address of a peace officer, as specified in paragraph (11) of subdivision (a), a nonsworn employee of the city police department or county sheriff’s office, or the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriff’s office, or the spouses or children of these persons is a felony.","Existing law makes confidential, upon request, the home addresses of specified governmental officials, peace officers, state employees, and certain other persons that appear in the records of the Department of Motor Vehicles. Existing law also makes confidential, upon request, the home address of the spouse or child of any of those persons, or the surviving spouse or child of a peace officer if the peace officer died in the line of duty, except for a spouse, surviving spouse, or child who was convicted of a crime and is on active parole or probation. Existing law prohibits the disclosure of the confidential home addresses described above, except as specified. Existing law requires a record of the department containing a confidential home address to be open to public inspection, as specified, if the address is completely obliterated or otherwise removed from the record. Existing law also provides that the home address of the surviving spouse or child of a peace officer, as specified, shall be withheld from public inspection for 3 years following the death of the peace officer. +This bill would require the department to discontinue holding a home address confidential, pursuant to the above provisions, for a child or spouse of specified persons if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony.","An act to amend Section 1808.4 of the Vehicle Code, relating to vehicles." +358,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 2.10 (commencing with Section 65891) is added to Chapter 4 of Division 1 of Title 7 of the Government Code, to read: +Article 2.10. Aquifer Protection +65891. +The Legislature finds and declares as follows: +(a) Groundwater provides substantial water supplies for many farms and communities across the state, particularly in drier years. While in some parts of the state groundwater is very well managed, in other parts there has been substantial groundwater overdraft. +(b) During California’s record drought, there has been a substantial increase in the extraction of groundwater resulting in impacts to aquifers. +(c) In 2014, California adopted landmark legislation, the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), to sustainably manage groundwater resources. The act will not be fully implemented for many years, allowing groundwater overdraft to continue in some regions. +(d) Despite the drought, there has been a substantial and dramatic increase in conversion of existing pastureland and nonirrigated lands to new permanent crops irrigated by new deep groundwater wells. In many parts of the central valley, these new orchards and groundwater wells have caused or contributed to existing groundwater wells drying up. These new groundwater wells exacerbate overdraft in some regions of the state and have harmed and will continue to harm groundwater supplies for existing farms and rural communities and the long-term viability of aquifers. +(e) A number of new developments also rely on individual new wells, further stressing overdrafted groundwater basins. +(f) The number of new wells supplying significant new demands for groundwater has resulted in alarming subsidence in many areas of California. Subsidence threatens statewide resources and infrastructure such as roads, highways, and aqueducts. Importantly, subsidence may also cause permanent damage to aquifers, threatening groundwater resources for future generations. +(g) The lack of protection for aquifers, existing groundwater users, and important infrastructure from the explosive increase in new wells is an issue of statewide importance and requires statewide regulation to avoid undesirable results to groundwater and statewide resources while local communities are working to comply with the provisions of the Sustainable Groundwater Management Act. Preventing undesirable results in a high- or medium-priority basin pursuant to this article and in furtherance of Section 113 of the Water Code is a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act applies to charter cities. +(h) This act is in furtherance of the policy contained in Section 2 of Article X of the California Constitution. +65891.1. +As used in this article: +(a) “Basin” has the meaning provided in Section 10721 of the Water Code. +(b) “Board” means the State Water Resources Control Board. +(c) “Bulletin 118” has the meaning provided in Section 10721 of the Water Code. +(d) “De minimis extractor” has the meaning provided in Section 10721 of the Water Code. +(e) “Department” means the Department of Water Resources. +(f) “Disadvantaged unincorporated community” has the meaning provided in Section 56033.5. +(g) “Groundwater” has the meaning provided in Section 10721 of the Water Code. +(h) “Groundwater extraction facility” has the meaning provided in Section 10721 of the Water Code. +(i) “Groundwater sustainability plan” has the meaning provided in Section 10721 of the Water Code. +(j) “High-priority basin,” “medium-priority basin,” “low-priority basin,” and “very low priority basin” have the same meaning as the categorization of a basin by the department pursuant to Section 10722.4 of the Water Code. +(k) “Primary drinking water standards” has the meaning provided in Section 116275 of the Health and Safety Code. +(l) “Probationary basin” has the meaning provided in Section 10735 of the Water Code. +(m) “Special act water district” means an agency created by statute to manage groundwater that is the exclusive local agency within its statutory boundaries with powers to comply with Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code as described in paragraph (1) of subdivision (c) of Section 10723 of the Water Code. +(n) “Undesirable result” has the meaning provided in Section 10721 of the Water Code. +65891.2. +(a) A city or county overlying a basin designated as a high- or medium-priority basin shall do both of the following: +(1) By January 1, 2018, establish a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility that requires an applicant for a groundwater extraction permit to demonstrate, based on substantial evidence, that extraction of groundwater from a proposed groundwater extraction facility will not contribute to or create an undesirable result. +(2) Prohibit the issuance of a groundwater extraction permit for a new groundwater extraction facility in either of the following: +(A) A probationary basin, except if the board determines that part of a probationary basin is being adequately managed, in which case the prohibition on the issuance of a groundwater extraction permit for a new groundwater extraction facility shall apply only to those portions of the probationary basin not adequately managed as determined by the board. +(B) A basin designated in Bulletin 118 as a basin subject to critical conditions of overdraft. +(b) A groundwater extraction permit for the development of a groundwater extraction facility shall not be required for any of the following: +(1) A de minimis extractor. +(2) The replacement of an existing groundwater extraction facility with a new groundwater extraction facility with the same or a lessor extraction capacity. For the purposes of this article, replacement includes the deepening of a groundwater extraction facility. +(3) A groundwater extraction facility constructed to provide drinking water to a water system for the purposes of public health. +(4) A groundwater extraction facility necessary for habitat or wetlands conservation. +(5) A groundwater extraction facility +necessary for a renewable energy project such as utility scale solar. +for a photovoltaic or wind energy generation facility approved on or after January 1, 2017, that demands less than 75 acre-feet of groundwater annually. +(6) A groundwater extraction facility integral to a groundwater conjunctive use or storage program operating under an approved California Environmental Quality Act document. +(c) A city or county overlying a basin designated as a low- or very low priority basin may adopt an ordinance establishing a process for the issuance of groundwater extraction permits for the development of a groundwater extraction facility in accordance with this section. +(d) A groundwater extraction facility in a high- or medium-priority basin shall not be developed without a valid groundwater extraction permit issued pursuant to this section. +65891.3. +(a) A city or county shall review an application for a groundwater extraction facility pursuant to the timelines established in the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)). +(b) A fee charged by a city or county to review an application for a groundwater extraction facility shall be determined in accordance with Sections 66014 and 66016. +65891.4. +This article does not require a city or county to establish a new process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility if the city or county has in effect an ordinance adopted before January 1, 2018, that imposes conditions on the development of a new groundwater extraction facility in order to prevent the new groundwater extraction facility from contributing to or creating an undesirable result. +65891.5. +This article does not require a city or county overlying a medium- or high-priority basin to have a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility on or after January 31, 2022, or once the department has evaluated a groundwater sustainability plan for the basin the city or county overlies and determined the plan to be adequate and likely to achieve the sustainability goal for the basin, whichever comes first. +65891.6. +(a) This article does not apply to a basin for which a court or the State Water Resources Control Board has adjudicated the rights to extract groundwater. +(b) This article does not apply +within the statutory boundaries of +to a basin, or any portion of a basin, managed by +a special act water +district. +district identified in paragraph (1) of subdivision (c) of Section 10723 of the Water Code. +(c) The Legislature finds and declares that the County of Napa’s groundwater conservation ordinance, Napa County Code Chapter 13.15, in conjunction with its water availability analysis policy adopted in May 2015, satisfies the purposes of the requirement in Section 65891.4. Accordingly, this article does not apply to a basin managed by the County of Napa if both the county’s groundwater conservation ordinance and its water availability analysis policy remain in effect in substantially the same form as they existed on January 1, 2016. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","The California Constitution requires the reasonable and beneficial use of water and that the conservation of the water resources of the state is to be exercised with a view to the reasonable and beneficial use of the water in the interest of the people and for the public welfare. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources and designated as subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. +This bill, by January 1, 2018, would require a city or county overlying a basin designated as a high- or medium-priority basin to establish a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility that requires an applicant for a groundwater extraction permit to demonstrate, based on substantial evidence, that extraction of groundwater from a proposed groundwater extraction facility will not contribute to or create an undesirable result, as prescribed. The bill would prohibit a groundwater extraction facility in a high- or medium-priority basin from being developed without a valid groundwater extraction permit, with certain exceptions. The bill would not require a city or county overlying a medium- or high-priority basin to have a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility on or after January 31, 2022, or once the department has evaluated a groundwater sustainability plan for the basin the city or county overlies and determined the plan to be adequate and likely to achieve the sustainability goal for the basin, whichever comes first. By increasing the duties of cities and counties, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Article 2.10 (commencing with Section 65891) to Chapter 4 of Division 1 of Title 7 of the Government Code, relating to land use." +359,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Over the next 10 years, the state faces a $59 billion shortfall to adequately maintain the state highway system in a basic state of good repair. +(b) The 21st Annual Highway Report by the Reason Foundation, published in September 2014, found the following: +(1) California has 50,462 lane miles of highways under the administration of the Department of Transportation (Caltrans). +(2) Overall, California spent $501,136 per state mile of highway, more than three times the national average, yet California’s state highway system ranks 45th in overall performance and cost effectiveness. +(3) California spent $102,889 per state mile of highway specifically on maintenance, nearly four times the national average. +(4) California spent $48,754 per state mile of highway specifically on administration, more than four times the national average. +(c) The Legislative Analyst’s Office recommended, in the Capital Outlay Support Program Review report issued in May 2014, that Caltrans should be held accountable for the delivery of State Highway Operation and Protection Program (SHOPP) projects by requiring the California Transportation Commission, acting in an independent oversight role, to review and approve individual SHOPP projects, allocate Capital Outlay Support Program funds for SHOPP, and report on Caltrans’ project delivery performance and Caltrans should also be required to provide necessary project information for SHOPP projects to the California Transportation Commission. +SEC. 2. +Section 13975 of the Government Code is amended to read: +13975. +There is in the state government the Transportation Agency. The agency consists of the Department of the California Highway Patrol, the +California Transportation Commission, the +Department of Motor Vehicles, the Department of Transportation, the High-Speed Rail Authority, and the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun. +SEC. 3. +Section 14500 of the Government Code is amended to read: +14500. +There is in +the Transportation Agency +state government +a California Transportation Commission. +The commission shall act in an independent oversight role. +SEC. 4. +Section 14526.5 of the Government Code is amended to read: +14526.5. +(a) Based on the asset management plan prepared and approved pursuant to Section 14526.4, the department shall +prepare +prepare, for review by the commission, +a state highway operation and protection program for the expenditure of transportation funds for major capital improvements that are necessary to preserve and protect the state highway system. Projects included in the program shall be limited to capital improvements relative to maintenance, safety, and rehabilitation of state highways and bridges that do not add a new traffic lane to the system. +As part of the programming process, the department shall program capital outlay support resources for each project in the program. +(b) The program shall include projects that are expected to be advertised prior to July 1 of the year following submission of the program, but which have not yet been funded. The program shall include those projects for which construction is to begin within four fiscal years, starting July 1 of the year following the year the program is submitted. +(c) The department, at a minimum, shall specify, for each project in the state highway operation and protection program, the capital and support budget, as well as a projected delivery date, for each of the following project components: +(1) Completion of project approval and environmental documents. +(2) Preparation of plans, specifications, and estimates. +(3) Acquisition of rights-of-way, including, but not limited to, support activities. +(4) Start of construction. +(d) The +program +department +shall +be submitted +submit its proposed program +to the commission not later than January 31 of each even-numbered year. Prior to submitting +the plan, the +its proposed program, the +department shall make a draft of its proposed program available to transportation planning agencies for review and comment and shall include the comments in its submittal to the commission. +The department shall provide the commission with detailed information for all programmed projects, including, but not limited to, cost, scope, and schedule. +(e) The commission +may +shall +review the +proposed +program relative to its overall adequacy, consistency with the asset management plan prepared and approved pursuant to Section 14526.4 and funding priorities established in Section 167 of the Streets and Highways Code, the level of annual funding needed to implement the program, and the impact of those expenditures on the state transportation improvement program. The commission shall adopt the program and submit it to the Legislature and the Governor not later than April 1 of each even-numbered year. The commission +may decline to adopt the program if the commission determines that the program is not sufficiently consistent with the asset management plan prepared and approved pursuant to Section 14526.4. +is not required to approve the program in its entirety, as submitted by the department, and may approve or reject individual projects programmed by the department. The commission shall adopt a program of approved projects and submit it to the Legislature and the Governor not later than April 1 of each even-numbered year. +(f) Expenditures for these projects shall not be subject to Sections 188 and 188.8 of the Streets and Highways Code. +(g) Following adoption of the state highway operation and protection program by the commission, any change in a programmed project’s cost, scope, or schedule shall be submitted by the department to the commission for its approval before the changes may be implemented. +SEC. 5. +Section 14534.1 of the Government Code is repealed. +14534.1. +Notwithstanding Section 12850.6 or subdivision (b) of Section 12800, as added to this code by the Governor’s Reorganization Plan No. 2 of 2012 during the 2011–12 Regular Session, the commission shall retain independent authority to perform those duties and functions prescribed to it under any provision of law.","(1) Existing law establishes in state government the Transportation Agency, which includes various departments and state entities, including the California Transportation Commission. Existing law vests the California Transportation Commission with specified powers, duties, and functions relative to transportation matters. Existing law requires the commission to retain independent authority to perform the duties and functions prescribed to it under any provision of law. +This bill would exclude the California Transportation Commission from the Transportation Agency, establish it as an entity in state government, and require it to act in an independent oversight role. The bill would also make conforming changes. +(2) Existing law requires the Department of Transportation to prepare a state highway operation and protection program every other year for the expenditure of transportation capital improvement funds for projects that are necessary to preserve and protect the state highway system, excluding projects that add new traffic lanes. The program is required to be based on an asset management plan, as specified. Existing law requires the department to specify, for each project in the program, the capital and support budget and projected delivery date for various components of the project. Existing law provides for the California Transportation Commission to review and adopt the program, and authorizes the commission to decline to adopt the program if it determines that the program is not sufficiently consistent with the asset management plan. +This bill would additionally require the department to program capital outlay support resources for each project in the program. The bill would provide that the commission is not required to approve the program in its entirety, as submitted by the department, and may approve or reject individual projects programmed by the department. The bill would require the department to submit any change in a programmed project’s cost, scope, or schedule to the commission for its approval.","An act to amend Sections 13975, 14500, and 14526.5 of, and to repeal Section 14534.1 of, the Government Code, relating to transportation." +360,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 13957.9 of the Government Code is amended to read: +13957.9. +(a) In addition to the authorization provided in Section 13957 and subject to the limitations set forth in Section 13957.2, the board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, reimbursement of the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by violence peer counseling services provided by a service organization for victims of violent crime, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions: +(1) The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000): +(A) A victim. +(B) A derivative victim who is the surviving parent, sibling, child, spouse, fiancé, or fiancée of a victim of a crime that directly resulted in the death of the victim. +(C) A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims. +(2) The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000): +(A) A derivative victim not eligible for reimbursement pursuant to paragraph (1), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim. +(B) A victim of a crime of unlawful sexual intercourse with a minor committed in violation of subdivision (d) of Section 261.5 of the Penal Code. A derivative victim of a crime committed in violation of subdivision (d) of Section 261.5 of the Penal Code shall not be eligible for reimbursement of mental health counseling expenses. +(C) A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime. +(3) The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by paragraph (1) or (2) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board. +(4) Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals: +(A) A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002. +(B) A person who is licensed by the state to provide those services, or who is properly supervised by a person who is so licensed, subject to the board’s approval and subject to the limitations and restrictions the board may impose. +(b) The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this amount may be increased to seventy thousand dollars ($70,000) if federal funds for that increase are available. +(c) For the purposes of this section, the following definitions shall apply: +(1) “Service organization for victims of violent crime” means a nonprofit and charitable organization that meets both of the following criteria: +(A) Its primary mission is to provide services to victims of violent crime. +(B) It provides programs or services to victims of violent crime and their families, and other programs, whether or not a similar program exists in an agency that provides additional services. +(2) “Violence peer counseling services” means counseling by a violence peer counselor for the purpose of rendering advice or assistance for victims of violent crime and their families. Any violence peer counseling services that fall under the scope of practice of the Licensed Marriage and Family Therapist Act (Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code), the Educational Psychologist Practice Act (Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code), the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code), and the Licensed Professional Clinical Counselor Act (Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code), which are not performed in an exempt setting as defined in Sections 4980.01, 4996.14, and 4999.22 of the Business and Professions Code, shall only be performed by a licensee or a registrant of the Board of Behavioral Sciences or other appropriately licensed professional, such as a licensed psychologist or board certified psychiatrist. +(3) “Violence peer counselor” means a provider of supportive and nonpsychotherapeutic peer counseling services who is employed by a service organization for victims of violent crime, whether financially compensated or not, and who meets all of the following requirements: +(A) Possesses at least six months of full-time equivalent experience in providing peer support services acquired through employment, volunteer work, or as part of an internship experience. +(B) Completed a training program aimed at preparing an individual who was once a mental health services consumer to use his or her life experience with mental health treatment, combined with other strengths and skills, to promote the mental health recovery of other mental health services consumers who are in need of peer-based services relating to recovery as a victim of a violent crime. +(C) Possesses 40 hours of training on all of the following: +(i) The profound neurological, biological, psychological, and social effects of trauma and violence. +(ii) Peace-building and violence prevention strategies, including, but not limited to, conflict mediation and retaliation prevention related to gangs and gang-related violence. +(iii) Post-traumatic stress disorder and vicarious trauma, especially as related to gangs and gang-related violence. +(iv) Case management practices, including, but not limited to, ethics and victim compensation advocacy. +(D) When providing violence peer counseling services, is supervised by a marriage and family therapist licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, a licensed educational psychologist licensed pursuant to Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code, a clinical social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, or a licensed professional clinical counselor licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code. For the purposes of this subparagraph, a licensed marriage and family therapist, licensed educational psychologist, licensed clinical social worker, or licensed professional clinical counselor shall be employed by the same service organization as the violence peer counselor. +(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally provides for the reimbursement of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law, until January 1, 2017, authorizes the board to grant from the fund for pecuniary losses, when the board determines it will best aid the person seeking compensation, reimbursement for outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, as specified. Existing law sets forth eligibility requirements and limits on the amount of compensation the board may award, and requires the application for compensation to be verified under penalty of perjury. +This bill would extend the board’s authority to grant reimbursement for those outpatient psychiatric, psychological, or other mental health counseling-related expenses until January 1, 2019. By expanding the authorization for the use of moneys in the Restitution Fund, a continuously appropriated fund, this bill would make an appropriation. Because an application for reimbursement is required to be submitted under penalty of perjury, this bill would expand the definition of a crime and thus impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 13957.9 of the Government Code, relating to crime victims, and making an appropriation therefor." +361,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25247 of the Health and Safety Code is amended to read: +25247. +(a) The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations. +(b) The department shall not approve the plan until at least one of the following occurs: +(1) The plan has been approved pursuant to Section 13227 of the Water Code. +(2) Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department. +(3) The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment. +(c) Any action taken by the department pursuant to this section is subject to Section 25204.5. +(d) (1) To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit. +(A) A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). +(B) Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action. +(C) For the purposes of subparagraph (B), a “significant modification” is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification. +(2) This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety. +(3) If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, pay the same fee specified in subparagraph (F) of paragraph (1) of subdivision (d) of Section 25205.7, or enter into a cost reimbursement agreement pursuant to subdivision (a) of Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement. +(4) In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions: +(A) File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement. +(B) Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment. +(C) Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement. +(e) Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d). +(f) On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d). +(g) If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the department’s regulations for the issuance of postclosure permits. +(h) Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment. +SEC. 1.5. +Section 25247 of the Health and Safety Code is amended to read: +25247. +(a) The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations. +(b) The department shall not approve the plan until at least one of the following occurs: +(1) The plan has been approved pursuant to Section 13227 of the Water Code. +(2) Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department. +(3) The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment. +(c) Any action taken by the department pursuant to this section is subject to Section 25204.5. +(d) (1) To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit. +(A) A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). +(B) Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action. +(C) For the purposes of subparagraph (B), a “significant modification” is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification. +(2) This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety. +(3) If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, enter into a cost reimbursement agreement pursuant to Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement. +(4) In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions: +(A) File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement. +(B) Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment. +(C) Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement. +(e) Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d). +(f) On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d). +(g) If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the department’s regulations for the issuance of postclosure permits. +(h) Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment. +SEC. 2. +Section 1.5 of this bill incorporates amendments to Section 25247 of the Health and Safety Code proposed by this bill, Assembly Bill 1611, and Senate Bill 839. It shall only become operative if (1) this bill and Assembly Bill 1611 or Senate Bill 839, or both of those bills, are enacted and become effective on or before January 1, 2017, (2) Assembly Bill 1611, Senate Bill 839, or both, as enacted, amend Section 25247 of the Health and Safety Code, and (3) this bill is enacted last of these bills that amend Section 25247 of the Health and Safety Code, in which case Section 25247 of the Health and Safety Code, as amended by Assembly Bill 1611 or Senate Bill 839, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative.","Existing law requires the owner or operator of a hazardous waste facility to submit hazardous waste facility closure and postclosure plans to the Department of Toxic Substances Control and to the California regional water quality control board for the region in which the facility is located. Existing law requires the department to review those plans and to approve a plan if it finds that the plan complies with the regulations adopted by the department and all other applicable state and federal regulations. Existing law requires the department to impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of a postclosure permit, or, only until January 1, 2009, through an enforcement order or an enforceable agreement, except as specified. +This bill would restore the authority of the department to impose those requirements through an enforcement order or an enforceable agreement and would require the department, on or before January 1, 2018, to adopt regulations to impose postclosure plan requirements. +This bill would incorporate additional changes to Section 25247 of the Health and Safety Code proposed by AB 1611 and SB 839 that would become operative if this bill and one or both of those bills are enacted and this bill is chaptered last.","An act to amend Section 25247 of the Health and Safety Code, relating to hazardous waste." +362,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the 2015 Realignment Legislation addressing justice reinvestment. +SEC. 2. +The Legislature finds and declares all of the following: +(a) The Legislature is committed to reducing recidivism among criminal offenders, ensuring that local governments have adequate funding to achieve this goal, and facilitating the responsible implementation of the criminal justice policies contained in the 2011 Realignment Legislation addressing public safety. +(b) California must continue to reinvest its criminal justice resources to support community-based corrections programs, evidence-based practices, and local correctional facilities in order to achieve improved public safety returns on this state’s substantial investment in its criminal justice system. +(c) Realigning low-level felony offenders who do not have prior convictions for serious, violent, or sex offenses to locally run community-based corrections programs, which are strengthened through community-based punishment, evidence-based practices, improved supervision strategies, and enhanced secured capacity, has the potential to improve public safety outcomes for adult felons and facilitate their reintegration back into society. However, local governments have indicated that current resources provided by the state to achieve these goals are inadequate. This lack of resources has resulted in deficiencies in bed space, evidence-based programs, and treatment options. Community-based corrections programs require additional funding to meet the level of need and provide an appropriate level of service for offender populations shifted as a result of the 2011 Realignment Legislation addressing public safety. +(d) By enacting the 2011 Realignment Legislation addressing public safety, the Legislature affirmed its commitment to justice reinvestment and stated that the purpose of justice reinvestment is to manage and allocate criminal justice populations more cost effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable. +(e) In order to properly implement the 2011 Realignment Legislation addressing public safety, it is the intent of the Legislature to fully commit to justice reinvestment by using identified state savings generated by the 2011 Realignment Legislation addressing public safety and any other necessary funds to provide local governments with maximum flexibility and adequate funding to manage these new offenders in the manner that is in the best interest of public safety, most appropriate to each county, and consistent with principles of justice reinvestment. +(f) The Department of Corrections and Rehabilitation published a document in April 2012 entitled “The Future of California Corrections,” sometimes referred to as the “Corrections Blueprint” or the “Blueprint,” detailing the department’s plan to implement the 2011 Realignment Legislation, address public safety, and save billions of dollars. The Department of Finance and the Department of Corrections and Rehabilitation published a report in January 2016 entitled “An Update to the Future of California Corrections,” which indicated that, after making certain specified adjustments, the Governor’s proposed budget for the Department of Corrections and Rehabilitation for the 2016–17 fiscal year is one billion three hundred million dollars ($1,300,000,000) less than the pre-Realignment, pre-Blueprint multiyear forecast for the Department of Corrections and Rehabilitation for the same fiscal year. Some or all of these savings, and any future savings, should be allocated to counties to mitigate the effects of the 2011 Realignment Legislation addressing public safety. +SEC. 3. +Chapter 6.4 (commencing with Section 30030) is added to Division 3 of Title 3 of the Government Code, to read: +CHAPTER 6.4. Realignment Reinvestment Fund +30030. +For purposes of this chapter, “realigned offenders” means offenders sentenced to a county jail or to mandatory supervision, or to both county jail and mandatory supervision, pursuant to subdivision (h) of Section 1170 of the Penal Code, offenders subject to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3 of the Penal Code, and any other offenders under county supervision whose supervision would have been the responsibility of the state if the 2011 Realignment Legislation addressing public safety had not been enacted. +30031. +(a) (1) The Realignment Reinvestment Fund is hereby established in the State Treasury. Moneys in the fund are continuously appropriated and shall be used exclusively for the purposes of this chapter. +(2) (A) Beginning in 2017, on or after July 1, and no later than August 31 of each year, the Director of Finance shall calculate both of the following: +(i) The actual net savings to the state for the immediately preceding fiscal year resulting from the 2011 Realignment Legislation addressing public safety. +(ii) An estimate of the net savings to the state for the current fiscal year resulting from the 2011 Realignment Legislation addressing public safety. +(B) For the calculation pursuant to clauses (i) and (ii) of subparagraph (A), the Director of Finance shall, to the extent possible, use the same methodology used to determine that the proposed 2016–17 budget for the Department of Corrections and Rehabilitation is one billion three hundred million dollars ($1,300,000,000) less than the adjusted multiyear forecast for 2016–17, as reflected on page 30 of the report published by the Department of Finance and the Department of Corrections and Rehabilitation in January 2016, entitled “An Update to the Future of California Corrections.” The Director of Finance shall use the same adjustments used in the report when making savings calculations, including adjustments for employee compensation, retirement contributions, Proposition 98 funding, and the activation of the California Health Care facility. +(3) For the 2016–17 fiscal year, the Controller shall transfer one billion three hundred million dollars ($1,300,000,000) from the General Fund to the Realignment Reinvestment Fund for allocation pursuant to paragraph (5). +(4) Beginning with the 2017–18 fiscal year, and each fiscal year thereafter, the Controller shall transfer an amount equal to the difference between the amount identified in subparagraph (A) and the amount identified in subparagraph (B) from the General Fund to the Realignment Reinvestment Fund for allocation pursuant to paragraph (5). +(A) The estimate of net savings for the current fiscal year calculated pursuant to clause (ii) of subparagraph (A) of paragraph (2). +(B) An adjustment for the immediately preceding fiscal year that is the result of subtracting the amount calculated pursuant to clause (i) of subparagraph (A) of paragraph (2) for that fiscal year from the amount estimated pursuant to clause (ii) of subparagraph (A) of paragraph (2) for that fiscal year. +(5) The Controller shall annually allocate moneys in the Realignment Reinvestment Fund, no later than September 1 of each year, to each county and city and county for deposit in the county’s or city and county’s Realignment Reinvestment Services Account proportionally based on the average daily population of realigned offenders under each county’s supervision for the immediately preceding fiscal year. The Controller shall consult with the Board of State and Community Corrections to determine the average daily population for each county. +(b) There shall be established in each county or city and county treasury a Realignment Reinvestment Services Account to receive all amounts allocated to a county or city and county for purposes of implementing this chapter. +(c) (1) Each county local Community Corrections Partnership established pursuant to subdivision (b) of Section 1230 of the Penal Code shall recommend a comprehensive, locally run supplemental community-based corrections plan to the county board of supervisors. The purpose of the plan shall be to improve the outcomes of the 2011 Realignment Legislation addressing public safety. The plan may include, but shall not be limited to, mental health programs, substance abuse programs, transitional housing programs, job placement programs, improved supervision strategies, community-based punishment programs, increased law enforcement staffing in cities and counties, county jail construction, maintenance, and operation, assessment and criminal prosecution of realigned offenders, and supervision or aftercare for offenders sentenced pursuant to subdivision (h) of Section 1170 of the Penal Code and offenders subject to postrelease community supervision pursuant to Section 3451 of the Penal Code. +(A) The supplemental community-based corrections plan may include, but shall not be limited to, all of the following components: +(i) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and other services that specifically target realigned offenders and their families. +(ii) An identification and prioritization of the neighborhoods and other areas in the community that face a significant public safety risk from realigned offenders and associated crimes, including, but not limited to, gang activity, burglary, robbery, vandalism, controlled substances sales, firearm-related violence, and substance abuse. +(iii) A local action strategy that provides for a continuum of responses to crime and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for realigned offenders. +(iv) A schedule of programs identified in clause (iii) that are proposed to be funded pursuant to this subparagraph, including the projected amount of funding for each program. +(v) An accounting of the number of new crimes or violations committed by realigned offenders. +(vi) An evaluation of existing services and any gaps that may exist in those services. +(B) Programs proposed to be funded shall satisfy all of the following requirements: +(i) Be based on evidence-based programs and approaches that have been demonstrated to be effective in reducing crime or programs that improve public safety through incapacitation, prosecution, or treatment of realigned offenders. +(ii) Employ information sharing systems to ensure that county and city actions are fully coordinated and designed to provide data for measuring the success of programs and strategies. +(C) The plan shall also identify the specific objectives of the programs proposed for funding and specified outcome measures to determine the effectiveness of the programs and contain an accounting for all program participants, including those who do not complete the programs. Outcome measures of the programs proposed to be funded shall include, but not be limited to, all of the following when that data is available and relevant to the program: +(i) The rate of arrests per 100,000 population. +(ii) The rate of successful completion of probation and postrelease community supervision. +(iii) The rate of successful completion of restitution and court-ordered community service responsibilities. +(iv) Arrest, incarceration, and probation violation rates of realigned offenders and other program participants. +(v) Quantification of the annual per capita costs of the program. +(D) To assess the effectiveness of programs funded pursuant to this paragraph using the program outcome criteria specified in subparagraph (C), the following periodic reports shall be submitted: +(i) Each county or city and county shall report, beginning October 15, 2017, and annually each October 15 thereafter, to the county board of supervisors and the Board of State and Community Corrections, in a format specified by the board, on the programs funded pursuant to this chapter and program outcomes as specified in subparagraph (C). +(ii) The Board of State and Community Corrections shall compile the local reports and, by March 15, 2018, and by March 15 of each year thereafter, make a report to the Governor and the Legislature on program expenditures within each county and city and county funded pursuant to this section and on the outcomes as specified in subparagraph (C). A report submitted pursuant to this clause shall be submitted in compliance with Section 9795 of the Government Code. +(2) The supplemental community-based corrections plan shall be voted on by an executive committee of each county’s Community Corrections Partnership consisting of the chief probation officer of the county as chair, a chief of police, the sheriff, the district attorney, the public defender, the presiding judge of the superior court, or his or her designee, and one department representative listed in either subparagraph (G), (H), or (J) of paragraph (2) of subdivision (b) of Section 1230 of the Penal Code, as designated by the county board of supervisors for purposes related to the development and presentation of the plan. +(3) If a supplemental community-based corrections plan has been previously approved by a county’s or city and county’s local Community Corrections Partnership, the plan shall be reviewed annually and modified as needed. +(4) The supplemental community-based corrections plan or modified supplemental community-based corrections plan shall be deemed accepted by the county board of supervisors unless the board rejects the plan by a vote of four-fifths of the board, in which case the plan shall go back to the Community Corrections Partnership for further consideration. +(5) The supplemental community-based corrections plan or modified supplemental community-based corrections plan shall be submitted to the Board of State and Community Corrections no later than October 15 of each year. +(d) The Controller shall allocate funds to local jurisdictions for public safety in accordance with this section as described in subdivision (a). +(e) Funds allocated pursuant to subdivision (c) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met the requirement of this subdivision shall remit the unspent moneys in the Realignment Reinvestment Services Account to the Controller for deposit in the Realignment Reinvestment Fund. +(f) Beginning in 2017, and no later than May 1 of each year, the Director of Finance shall, in consultation with the Legislative Analyst, develop an estimate of the cost avoidances expected to be realized by the Department of Corrections and Rehabilitation in the current fiscal year that are a result of the 2011 Realignment Legislation addressing public safety and report those estimates to the chairpersons of the committees in each house of the Legislature that consider appropriations and to the Chairperson of the Joint Legislative Budget Committee. A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. The Legislature may consider each year whether to appropriate funds in augmentation of the moneys otherwise allocated pursuant to this chapter in an amount up to and including the amount of cost avoidances reported pursuant to this subdivision. +30032. +(a) Moneys allocated from a Realignment Reinvestment Services Account to a recipient entity shall be expended exclusively for services included in the county’s or city and county’s supplemental community-based corrections plan. These moneys shall supplement existing services and shall not be used to supplant any existing funding for law enforcement services or programs or activities included in the supplemental community-based corrections plan provided by that entity. +(b) In no event shall any moneys allocated from the county’s or city and county’s Realignment Reinvestment Services Account be expended by a recipient entity to fund any of the following: +(1) Administrative overhead costs in excess of 1 percent of a recipient entity’s Realignment Reinvestment Services Account allocation for that fiscal year. +(2) The costs of any capital project or construction project that does not directly support programs or activities included in the supplemental community-based corrections plan. +(c) For purposes of this section, both of the following shall apply: +(1) A “recipient entity” is that entity that actually incurs the expenditures of Realignment Reinvestment Services Account funds allocated pursuant to subdivision (c) of Section 30301. +(2) Administrative overhead costs shall only be charged by the recipient entity, as defined in paragraph (1), up to 1 percent of its Realignment Reinvestment Services Account allocation. +30033. +The moneys in the Realignment Reinvestment Services Account established pursuant to subdivision (b) of Section 30031 in each county or city and county shall be expended exclusively as required by this chapter. Moneys allocated from the account shall not be transferred to, or commingled with, the moneys in any other fund in the county or city and county treasury, except that moneys may be transferred from the account to the county’s or city and county’s general fund to the extent necessary to facilitate the appropriation and expenditure of those transferred moneys in the manner required by this chapter. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SECTION 1. +Section 8585.05 of the +Government Code +is amended to read: +8585.05. +Unless the context otherwise requires, for the purposes of this article, the following definitions shall apply: +(a)“Agency” or “office” means the Office of Emergency Services. +(b)“California Emergency Management Agency” means the Office of Emergency Services. +(c)“Director” or “secretary” means the Director of Emergency Services.","(1) Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, requires that certain specified felonies be punished by a term of imprisonment in a county jail for 16 months, or 2 or 3 years, and provides for postrelease community supervision by county officials for persons convicted of certain specified felonies upon release from prison or county jail. As part of the realignment of public safety services to local agencies, existing law establishes the Local Revenue Fund 2011 into which specified tax revenues are deposited and are continuously appropriated for the provision of public safety services, as defined. +This bill, the 2015 Realignment Legislation addressing justice reinvestment, would establish the Realignment Reinvestment Fund in the State Treasury as a continuously appropriated fund. The bill would require the Director of Finance to annually calculate the net savings to the state for the prior fiscal year and an estimate of the net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, as specified. The bill would require the Controller to transfer $1,300,000,000 from the General Fund to the Realignment Reinvestment Fund for the 2016–17 fiscal year, thereby making an appropriation. The bill would, beginning in the 2017–18 fiscal year, and each fiscal year thereafter, require the Controller to transfer an amount equal to the estimate of net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, adjusted by the difference between the preceding year’s estimate and the calculated prior fiscal year net savings, thereby making an appropriation. +The bill would require the Controller to annually allocate moneys in the Realignment Reinvestment Fund, no later than September 1 of each year, to each county for deposit in the county’s Realignment Reinvestment Services Account proportionally, based on the average daily population of realigned offenders under each county’s supervision for the preceding fiscal year. The bill would require the Controller to consult with the Board of State and Community Corrections to determine the average daily population for each county. +The bill would require a Realignment Reinvestment Services Account to be established in each county treasury. The bill would require the moneys be used to implement a comprehensive, locally run, supplemental community-based corrections plan, as specified. The bill would require the supplemental community-based corrections plan to be developed by each county’s local Community Corrections Partnership and to be voted on by an executive committee of each county’s Community Corrections Partnership, as specified. The bill would deem the supplemental community-based corrections plan accepted by the county board of supervisors unless the board rejects the plan by a +4/5 +vote. The bill would require each county or city and county to annually report to the county board of supervisors and the Board of State and Community Corrections on the programs funded pursuant to these provisions, as specified. By imposing additional duties on local officials, this bill would impose a state-mandated local program. +The bill would require the Director of Finance, in consultation with the Legislative Analyst, to develop a yearly estimate of the cost avoidances expected to be realized by the Department of Corrections and Rehabilitation that are a result of the 2011 Realignment Legislation and would require the director to report those estimates to the Legislature, as provided. +The bill would require that moneys allocated from a Realignment Reinvestment Services Account be expended exclusively for purposes of the bill’s provisions. The bill would require that funds received pursuant to its provisions be expended or encumbered no later than June 30 the following year and would require unspent moneys to be remitted for deposit in the Realignment Reinvestment Fund. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +The California Emergency Services Act, among other things, establishes the Office of Emergency Services within the office of the Governor, under the charge of a Director of Emergency Services appointed by the Governor. The act and other existing law set forth the duties and authority of the office and the director with respect to specified emergency preparedness, mitigation, and response activities within the state. +This bill would make nonsubstantive changes to the act.","An act to amend Section 8585.05 of the Government Code, relating to emergency services. +An act to add Chapter 6.4 (commencing with Section 30030) to Division 3 of Title 3 of the Government Code, relating to criminal justice realignment, and making an appropriation therefor." +363,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 1.5 (commencing with Section 6033) is added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read: +Article 1.5. Criminal Justice Reinvestment Assessment Grant Program of 2016 +6033. +This article shall be known, and may be cited, as the Criminal Justice Reinvestment Assessment Grant Program of 2016. +6033.2. +The Legislature finds and declares all of the following: +(a) The Legislature is committed to reducing recidivism among criminal offenders, ensuring that local governments have adequate funding to achieve this goal, and facilitating the responsible implementation of the criminal justice policies contained in the 2011 Realignment Legislation addressing public safety. +(b) By enacting the 2011 Realignment Legislation addressing public safety, the Legislature affirmed its commitment to justice reinvestment and stated that the purpose of justice reinvestment is to manage criminal justice populations more cost effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable. +(c) The 2011 Realignment Legislation addressing public safety represents a significant shift of responsibilities. However, the quick and unanticipated nature of the passage of this legislation, in combination with broad county discretion in its implementation, offers a unique opportunity to identify best practices in community corrections and the impacts of correctional decentralization. +(d) The 2011 Realignment Legislation addressing public safety did not require counties to collect data on outcome measures, nor did it provide specific resources for data collection that if adequately funded and properly implemented would allow policymakers, researchers, stakeholders, and counties to take advantage of the historic opportunity to study and evaluate the changing felon population and the strategies and interventions that counties employ to reduce recidivism. +(e) The Bureau of State Audits’ September 2013 High Risk report identified the 2011 realignment of criminal justice responsibilities between the state and counties as a “high-risk” policy, citing a lack of “reliable and meaningful realignment data to ensure [the state’s] ability to effectively monitor progress toward achieving intended realignment goals.” +(f) The Department of Corrections and Rehabilitation published a document in April 2012 entitled “The Future of California Corrections,” sometimes referred to as the “Corrections Blueprint” or the “Blueprint,” detailing the department’s plan to implement the 2011 Realignment Legislation, address public safety, and save billions of dollars. The Department of Finance and the Department of Corrections and Rehabilitation published a report in January 2016 entitled “An Update to the Future of California Corrections,” which indicated that after making certain specified adjustments the Governor’s proposed budget for the Department of Corrections and Rehabilitation for the 2016–17 fiscal year is one billion three hundred million dollars ($1,300,000,000) less than the pre-Realignment, pre-Blueprint multi-year forecast for the Department of Corrections and Rehabilitation for the same fiscal year. It is the intent of the Legislature to reinvest some or all of these savings in programs that reduce criminal recidivism, including a program to establish and implement reporting systems that are necessary to facilitate the identification and expansion of programs that provide proven evidence-based local programming opportunities for the successful reintegration of offenders into society. +6033.4. +(a) The Criminal Justice Reinvestment Assessment Grant Program of 2016, which is hereby established, shall be administered by the Board of State and Community Corrections for the purpose of establishing and implementing reporting systems to identify and expand programs that provide proven, evidence-based, local programming opportunities for the successful reintegration of offenders into society. The board shall award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. +(b) For purposes of this article, “board” means the Board of State and Community Corrections. +6033.6. +(a) On or before June 1, 2016, each local community corrections partnership established pursuant to Section 1230 shall report to the board on the county’s capacity to collect and report the data required by Sections 6033.10 and 6033.12. The report shall include a local plan that identifies the additional resources necessary for that county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. +(b) The board shall review each assessment submitted pursuant to subdivision (a) and shall prioritize and award grants pursuant to Section 6033.8. Funding shall be used to supplement, rather than supplant, existing programs. Grant funds shall be used for programs that are identified in the local plan submitted pursuant to subdivision (a). +(c) The board shall submit to the Legislature on or before June 15, 2016, a report detailing the estimated need, cost, and schedule for each county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. The report shall be submitted in compliance with Section 9795 of the Government Code. +6033.8. +(a) The board shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following: +(1) Size of the county. +(2) Demonstrated efforts to report data prior to January 1, 2017. +(3) Demonstrated ability to report data prior to January 1, 2017. +(b) The board shall give preference to counties that have demonstrated efforts to independently collect data on a countywide basis. +6033.10. +(a) On or before January 1, 2017, and annually each year thereafter, each county shall report specified data to the board in a format prescribed by the board. The board shall specify and define minimum required reporting which shall include, but not be limited to, the following for each individual sentenced pursuant to subdivision (h) of Section 1170: +(1) Individual identifiers. +(2) County identifiers. +(3) Date of birth. +(4) Gender. +(5) Race or ethnicity. +(6) Age at first arrest. +(7) Conviction offense. +(8) Sanction or sentence received. +(9) Total jail time served. +(10) Release status. +(11) Violations of probation. +(12) Rearrests. +(13) Reconvictions. +(14) Any other return to custody. +(15) Use of flash incarceration. +(16) Assessed risk level. +(17) Participation in pretrial programs. +(18) Participation in specialty court. +(19) Participation in day reporting release programs. +(20) Participation in electronic monitoring programs. +(21) Participation in community service release programs. +(22) Participation in work release programs. +(23) Participation in intensive probation supervision. +(24) Needs assessment. +(25) Any reentry programming provided. +(26) Participation in cognitive behavioral therapy. +(27) Participation in mental health treatment. +(28) Participation in substance abuse treatment. +(29) Participation in gender-specific programming. +(30) Participation in family programming. +(31) Any health care assistance provided. +(32) Any housing assistance provided. +(33) Any income support provided. +(34) Any employment assistance provided. +(35) Any vocational training assistance provided. +(36) Any educational enrollment assistance provided. +(37) Any mentoring programming provided. +(38) Any peer support programming provided. +(b) The board shall compile the local reports and, by May 15, 2017, and, notwithstanding Section 10231.5 of the Government Code, by May 15 of each year thereafter, make a report to the Governor and the Legislature that summarizes the data reported by the counties pursuant to subdivision (a). The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. +6033.12. +(a) On or before January 1, 2017, and annually each year thereafter, each county shall provide specified data to the board in a format prescribed by the board. The board shall specify and define minimum required reporting which shall include, but not be limited to, the following for each individual supervised pursuant to Section 3451: +(1) Violations of postrelease community supervision. +(2) Rearrests. +(3) Reconvictions. +(4) Any other return to custody. +(5) Use of flash incarceration. +(6) Participation in intensive probation supervision. +(7) Any reentry programming provided. +(8) Participation in cognitive behavioral therapy and whether the individual has completed or failed to complete the therapy’s requirements. +(9) Participation in mental health treatment and whether the individual has completed or failed to complete the treatment’s requirements. +(10) Participation in substance abuse treatment and whether the individual has completed or failed to complete the treatment’s requirements. +(11) Participation in gender-specific programming. +(12) Participation in family programming. +(13) Any health care assistance provided. +(14) Any housing assistance provided. +(15) Any income support provided. +(16) Any employment assistance provided. +(17) Any vocational training assistance provided. +(18) Any educational enrollment assistance provided. +(19) Any mentoring programming provided. +(20) Any peer support programming provided. +(b) The board shall compile the local reports and, by May 15, 2017, and, notwithstanding Section 10231.5 of the Government Code, by May 15 of each year thereafter, make a report to the Governor and the Legislature that summarizes the data reported by the counties pursuant to subdivision (a). The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. +6033.14. +(a) The amount of ____ dollars ($____) is hereby appropriated from the General Fund to the board for the 2016−17 fiscal year for the purpose of implementing this article. +(b) The board may award up to the amount of the appropriation, less the board’s administrative costs, not to exceed 5 percent of the total grant funding awarded statewide, as individual grants not exceeding ____to counties to assist in establishing data reporting systems that will allow a county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to ensure that relevant data pertaining to the 2011 Realignment Legislation addressing public safety are collected and reported as soon as possible to allow stakeholders to measure the effectiveness of this landmark change in public safety policy, it is necessary that this bill go into immediate effect. +SECTION 1. +Section 487 of the +Penal Code +is amended to read: +487. +Grand theft is theft committed in any of the following cases: +(a)When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b). +(b)Notwithstanding subdivision (a), grand theft is committed in any of the following cases: +(1)(A)When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250). +(B)For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), the value may be shown by the presentation of credible evidence that establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value. +(2)When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250). +(3)Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period. +(c)When the property is taken from the person of another. +(d)When the property taken is any of the following: +(1)An automobile. +(2)A firearm.","Existing law requires the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, as specified. Existing law requires the board, in consultation with certain individuals, including a county supervisor or county administrative officer, a county sheriff, and the Secretary of the Department of Corrections and Rehabilitation, to develop definitions of specified key terms in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based programs. +This bill would enact the Criminal Justice Reinvestment Assessment Grant Program of 2016. The bill would require the grant program to be administered by the Board of State and Community Corrections for the purpose of establishing and implementing reporting systems to identify and expand programs that provide proven, evidence-based, local programming opportunities for the successful reintegration of offenders into society. +The bill would authorize the board to award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report specified criminal justice information. The bill would require each local community corrections partnership, on or before June 1, 2016, to report to the board on the county’s capacity to collect and report the data required. The bill requires the board to review each assessment and to prioritize and award grants to the counties. +The bill would require each county to report specified data to the board, on or before January 1, 2017, and annually thereafter, pertaining to offenders sentenced as felons to serve in local correctional facilities and felons released from prison to community supervision. The bill would require the board to summarize these data and report the summaries to the Governor and the Legislature, on or before May 15, 2017, and annually thereafter. +By imposing data collection and reporting duties on local governments, this bill would impose a state-mandated local program. +The bill would appropriate an unspecified sum to the board for purposes of funding the grants. The bill would state findings and declarations of the Legislature regarding criminal justice realignment. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +The bill would declare that it is to take effect immediately as an urgency statute. +Existing law defines grand theft as the wrongful taking of money, labor, or property of a value exceeding $950, except as specified. +This bill would make technical, nonsubstantive changes to that provision.","An act to amend Section 487 of the Penal Code, relating to theft. +An act to add Article 1.5 (commencing with Section 6033) to Chapter 5 of Title 7 of Part 3 of the Penal Code, relating to corrections, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately." +364,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7200 of the Business and Professions Code is amended to read: +7200. +(a) There is in the Department of Consumer Affairs a State Board of Guide Dogs for the Blind in whom enforcement of this chapter is vested. The board shall consist of seven members appointed by the Governor. One member shall be the Director of Rehabilitation or his or her designated representative. The remaining members shall be persons who have shown a particular interest in dealing with the problems of persons who are blind or visually impaired and at least three of them shall be persons who are blind or visually impaired who use guide dogs. +(b) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. +SEC. 2. +Section 7200.5 of the Business and Professions Code is amended to read: +7200.5. +(a) The board shall have exclusive authority in this state to issue licenses for the instruction of persons who are blind or visually impaired in the use of guide dogs and for the training of guide dogs for use by persons who are blind or visually impaired. It shall also have exclusive authority in this state to issue licenses to operate schools for the training of guide dogs and the instruction of persons who are blind or visually impaired in the use of guide dogs. +(b) (1) Notwithstanding any other law, whenever an individual has received training or instruction from a school outside of this state that is certified by the International Guide Dog Federation or a successor entity, as determined by the board, personnel from that school may provide, in this state, any followup services to that individual with respect to the specific guide dog for whom training or instruction was originally provided outside of this state. The personnel from that school shall notify the board on a form prescribed by the board not less than three business days prior to the time the personnel arrive in this state of their intent to provide followup services. If those services are to be provided due to emergency circumstances, as determined by the school, notification may be provided within 24 hours after the personnel arrive in this state. For purposes of making that determination, emergency circumstances include, but are not limited to, injury to a dog that requires determination as to whether it remains safe for the dog to continue working, an accident involving the dog, or certain sudden changes in behavior that imperil the safety of the handler. The board shall permit the personnel to provide the notification electronically and shall not require the personnel to notify the board of the name of the individual who will be receiving the followup services. However, the board may require a school to provide the name of the individual to whom services have been provided if needed for purposes of investigating the personnel from that school who provided these services, so long as the investigation is conducted based upon reasonable grounds for determining that personnel may have provided substandard care. +(2) (A) Except as provided in subparagraph (B), prior to providing followup services pursuant to paragraph (1), personnel shall have fingerprints on file with the board. +(B) Notwithstanding subparagraph (A), if the followup services are provided under emergency circumstances personnel shall have one business day after coming in to the state to meet the requirements of that subparagraph. +(3) Whenever followup services are provided pursuant to paragraph (1), the out-of-state school shall provide written information to the guide dog handler concerning the provisions of this subdivision. +(4) The board may refuse to allow personnel to provide followup services if the personnel have committed any act described in Section 7211.9. During the time the personnel provide followup services to the individual, the personnel shall be subject to the disciplinary jurisdiction of the board, which may include a citation and fine pursuant to the board’s rules and regulations or any other disciplinary action which could be brought against a licensed instructor. +SEC. 3. +Section 7215.7 is added to the Business and Professions Code, to read: +7215.7. +(a) The board shall prepare a factsheet that shall contain all of the following: +(1) A description of the purposes served by the board. +(2) A description of the board’s role in assisting guide dog users who are victims of alleged guide dog discrimination. +(3) A description of the board’s arbitration procedure under Section 7215.6. +(b) The board shall post the factsheet on its Internet Web site and provide copies to each guide dog school licensed pursuant to this chapter. A school licensed under this chapter shall provide a copy of the factsheet to every student receiving training from that school. +(c) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind, which is comprised of 7 members appointed by the Governor. +Existing law requires 2 of the board members to be persons who are blind or visually impaired who use guide dogs. +This bill would instead require at least 3 board members to be persons who are blind or visually impaired who use guide dogs. +Under existing law, the board has exclusive authority in this state to issue licenses for the instruction of persons who are blind or visually impaired in the use of guide dogs and for the training of guide dogs for use by persons who are blind or visually impaired. Under existing law, the board also has exclusive authority in this state to issue licenses to operate schools for the training of guide dogs and the instruction of persons who are blind or visually impaired in the use of guide dogs. Existing law makes it unlawful for any person to sell, offer for sale, give, hire, or furnish under any other arrangement, any guide dog or to engage in the business or occupation of training a guide dog unless he or she holds a valid and unimpaired license issued pursuant to the provisions governing guide dogs. A violation of those provisions is a crime. +This bill, whenever an individual has received training or instruction from a specified certified school outside of this state, would authorize personnel from that school to provide that individual with any followup services within this state with respect to the specific guide dog for whom training or instruction was originally provided outside of this state, as specified. The bill would require the personnel, not less than 3 days prior to arriving in this state, to notify the board of their intent to provide those services. +This bill would, if specified conditions are met, authorize followup emergency services. If those services are to be provided due to emergency circumstances, as determined by the school based on specified examples, the bill would authorize that notice to be provided within 24 hours after the personnel arrive in this state. The bill would prohibit the board from requiring the school to provide the name of the individual who will be receiving followup services, however, it would permit the board to require a school to provide the name of the individual to whom services have been provided to investigate personnel providing those services, so long as the investigation is based on reasonable grounds for determining that personnel may have provided substandard care. The bill would also authorize the board to refuse to allow personnel who have committed certain acts for which the board could suspend or revoke a license to provide those services, and would place those personnel under the disciplinary jurisdiction of the board while they provide those services. The bill, until January 1, 2018, would require the board to prepare a factsheet regarding various functions of the board, to post that factsheet on its Internet Web site, and to provide copies to each of the licensed guide dog schools. The bill, until January 1, 2018, would also require a licensed guide dog school to provide copies of the factsheet to every student receiving training from that school. Because the failure of a licensed guide dog school to provide those copies and the failure of personnel to provide that notification would be a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 7200 and 7200.5 of, and to add and repeal Section 7215.7 of, the Business and Professions Code, relating to professions and vocations." +365,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares: +(1) California’s complex freight transportation system is responsible for one-third of the state’s economy and jobs, with freight-dependent industries accounting for over $700 billion in revenue and over 5 million jobs in 2013, and is home to the largest gateway for international trade and domestic commerce in the nation, with an interconnected system of ports, railroads, highways, and roads that allow goods from around the world to move throughout the state. +(2) Significant investments in freight inssions technology at California’s public seaports and to eliminate taxes imposed on the purchase of that equipment that further increase the costs of purchasing and maintaining zero-emission equipment and supporting infrastructure, which are already of significantly greater expense than conventional equipment and infrastructure. +SEC. 2. +Section 6377.5 is added to the Revenue and Taxation Code, to read: +6377.5. +(a) On or after January 1, 2017, and before January 1, 2030, there are exempted from the taxes imposed by this part the gross receipts from the sale of, and the storage, use, or other consumption in this state of, any of the following: +(1) Qualified tangible personal property purchased for use by a qualified person to be used primarily in, at, or on a marine terminal of a California public port for carriage, handling, or movement of freight, cargo, and goods. +(2) Qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test any qualified tangible personal property described in paragraph (1). +(b) For purposes of this section: +(1) “Primarily” means 50 percent or more of the time. +(2) “Qualified person” means a person that is a stevedore, marine terminal operator, operator of a +port +port, rail ramp, rail yard, intermodal facility, +or freight yard, or any other person that is engaged in cargo and freight loading, delivery, movement, storage, and conveyance at or within a California public seaport. +(3) “Qualified tangible personal property” includes both of the following: +(A) All zero-emission or near-zero-emission equipment used in conjunction with the movement of goods or freight, including, but not limited to, computers, data-processing equipment, and computer software, required to operate, control, regulate, or maintain the zero-emission or near-zero-emission equipment, together with all repair and replacement parts with a useful life of one or more years therefor, whether purchased separately or in conjunction with the equipment and regardless of whether the machine or component parts are assembled by the qualified person or another party. +(B) Special purpose buildings and foundations used as an integral part of the process of utilization of zero-emission equipment or near-zero-emission equipment constitute qualified tangible personal property to the extent that the sale of, or storage, use, or other consumption is subject to the imposition of sales or use tax. +(4) “Zero-emission or near-zero-emission equipment” means equipment, +off-road +vehicles, and related technologies used +at a +within the boundaries of a +California public seaport that reduce or eliminate greenhouse gas emissions and improve air quality when compared with conventional or fully commercialized alternatives, as identified by the State Air Resources Board in consultation with the State Energy Resources Conservation and Development Commission. “Zero-emission and near-zero-emission equipment” may include, but is not limited to, enabling technologies that provide a pathway to emission reductions, advanced or alternative fuel engines, and hybrid or alternative fuel technologies for seaport equipment. +(c) An exemption shall not be allowed under this section unless the purchaser furnishes the retailer with an exemption certificate, completed in accordance with any instructions or regulations as the board may prescribe, and the retailer retains the exemption certificate in its records and furnishes it to the board upon request. +(d) (1) Notwithstanding the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section shall not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws. +(2) Notwithstanding subdivision (a), the exemption established by this section shall not apply with respect to any tax levied pursuant to Section 6051.2 or 6201.2, pursuant to Sections 35 and 36 of Article XIII of the California Constitution, or any tax levied pursuant to Sections 6051 or 6201 that is deposited in the State Treasury to the credit of the Local Revenue Fund 2011 pursuant to Sections 6051.15 or 6201.15. +(e) Notwithstanding subdivision (a), the exemption provided by this section shall not apply to any sale or storage, use, or other consumption of property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) to some other use not qualifying for exemption, or otherwise used in a manner not qualifying for exemption. +(f) This section shall apply to leases of qualified tangible personal property classified as “continuing sales” and “continuing purchases” in accordance with Sections 6006.1 and 6010.1. The exemption established by this section shall apply to the rentals payable pursuant to the lease, provided the lessee is a qualified person and the tangible personal property is qualified tangible personal property used in an activity described in subdivision (a). +(g) (1) Upon the effective date of this section, the Department of Finance shall estimate the total dollar amount of exemptions that will be taken for each calendar year, or any portion thereof, for which this section provides an exemption. +(2) No later than each March 1 next following a calendar year for which this section provides an exemption, the board shall provide to the Joint Legislative Budget Committee a report of the total dollar amount of exemptions taken under this section for the immediately preceding calendar year. The report shall compare the total dollar amount of exemptions taken under this section for that calendar year with the department’s estimate for that same calendar year. If that total dollar amount taken is less than the estimate for that calendar year, the report shall identify options for increasing exemptions taken so as to meet estimated amounts. +SEC. 3. +This act provides for a tax levy within the meaning of Article IV of the +California +Constitution and shall go into immediate effect.","Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provides various exemptions from those taxes. +The bill would exempt from those taxes, on and after January 1, 2017, and before January 1, 2030, the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased by a qualified person, as defined, for use primarily in, at, or on a marine terminal or qualified tangible personal property used primarily to maintain, repair, or test the above-described equipment, as provided. The bill would require the purchaser to furnish the retailer with an exemption certificate, as specified. +The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in conformity with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws. +This bill would specify that this exemption does not apply to local sales and use taxes, transactions and use taxes, and specified state taxes from which revenues are deposited into the Local Public Safety Fund, the Education Protection Account, the Local Revenue Fund, or the Local Revenue Fund 2011. +This bill would take effect immediately as a tax levy.","An act to add Section 6377.5 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +366,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10003 is added to the Welfare and Institutions Code, to read: +10003. +(a) It shall be the responsibility of a recipient of aid pursuant to this division changing residence from one county to another to promptly notify either the county from which he or she moves or the county to which he or she moves of the change of residence. Recipients of CalWORKs, CalFresh, or Medi-Cal shall have the option to report a change of residence in person, in writing, telephonically, or, if the technology is available, electronically online and shall be advised of these options at the time of application and redetermination or recertification. Within seven business days of notice of a new residence, the notified county shall initiate an intercounty transfer for all benefits under this division that the recipient is receiving, and benefits shall be transferred no later than the first day of the next available benefit month following 30 days after a county was notified pursuant to this section. +(b) To the greatest extent possible, the intercounty transfer process shall be simple and client friendly and minimize workload for county eligibility operations. The process shall ensure the applicant or recipient does not need to provide copies of documents that were previously provided to the prior county of residence, and there is no interruption in benefits. +(c) Case file documents shall be electronically shared between the prior county of residence and the new county of residence, to the extent possible, as specified by the relevant state departments. +(d) Notwithstanding Section 11052.5, the new county of residence shall not interview recipients moving to that county from another county to determine continued eligibility for CalFresh or CalWORKs until the next scheduled recertification pursuant to Section 18910.1 or redetermination pursuant to Section 11265. This section shall not preclude the new county of residence from interviewing CalWORKs recipients regarding welfare-to-work program participation, which is not a requirement for an intercounty transfer of CalWORKs eligibility. +(e) For beneficiaries required to receive services through a Medi-Cal managed care health plan, the following shall apply: +(1) If the beneficiary moves to another county and is still enrolled in a managed care health plan in the county from which he or she moved, the beneficiary shall have continued access to emergency services and any other coverage the managed care health plan authorizes out-of-network until the time that the intercounty transfer process pursuant to subdivision (a) is complete and the beneficiary is disenrolled from the managed care health plan. +(2) If the beneficiary moves to another county and is still enrolled in a managed care health plan in the county from which he or she moved and needs nonemergent care that same month in the new county, the Medi-Cal Managed Care Ombudsman shall, upon request by the beneficiary or either county, disenroll the beneficiary as an expedited disenrollment from his or her managed care health plan. County-initiated disenrollment using an online form shall be processed no later than three business days after the request is made. Beneficiary-initiated disenrollment by telephone shall be effective no later than two business days after the request is made when the request is made before 5 p.m. Any beneficiary-initiated disenrollment request by phone made after 5 p.m. shall be processed the following business day and be effective no later than two business days after the request is processed. +(3) A beneficiary who is disenrolled from the managed care health plan in the county from which he or she moved pursuant to paragraph (2) shall be entitled to the full scope of benefits for which he or she is entitled to in the new county through the fee-for-service delivery system until he or she is enrolled in a managed care health plan in the new county. +(4) If the beneficiary moves to a county that provides Medi-Cal services through a county organized health system, the beneficiary shall be enrolled in that county organized health system plan on the first day of the following month once the new county of residence is reflected in the Medi-Cal Eligibility Data System. If a beneficiary moves to a county without a county organized health system, the usual health plan choice process shall apply. +(f) Failure to report a move to a different county within the state in itself shall not constitute a basis for an overpayment. +(g) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services and the State Department of Social Services, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted. The State Department of Health Care Services and the State Department of Social Services shall adopt regulations by July 1, 2021, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. +(2) Beginning June 1, 2017, and notwithstanding Section 10231.5 of the Government Code, the State Department of Health Care Services and the State Department of Social Services shall provide a status report on the adoption of the regulations to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted. +(h) This section shall be implemented only if, and to the extent, that federal financial participation is available and any necessary federal approvals have been obtained. +(i) This section shall become operative on June 1, 2017. +SEC. 2. +Section 11052.6 of the Welfare and Institutions Code is amended to read: +11052.6. +(a) Notwithstanding any other law, the requirements of Section 11052.5 shall not apply to any caretaker relative when all of the following apply: +(1) He or she is an approved relative pursuant to subdivision (d) of Section 309 caring for a child who is a dependent child of the court, and is receiving benefits under the CalWORKs program on behalf of the child. +(2) The caretaker relative is changing residence from one county to another county and is applying for benefits in the new county on behalf of one or more related children who are current recipients of benefits under the CalWORKS Program under Chapter 2 (commencing with Section 11200) of Part 3. +(3) The caretaker relative is not an applicant for or a recipient of benefits under the CalWORKS Program. +(b) If the caretaker relative subsequently applies for benefits under the CalWORKS Program, he or she shall be subject to the requirements of Section 11052.5 that are applicable to that program. +(c) The county CalWORKs program shall verify that the individual applying for benefits meets the criteria set forth in this section. +(d) This section shall become inoperative on June 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 3. +Section 11053 of the Welfare and Institutions Code is amended to read: +11053. +(a) It shall be the responsibility of a recipient changing residence from one county to another within the state to promptly notify the county paying aid to the recipient of the move and to apply for a redetermination of eligibility within the new county of residence. The first county shall notify the second county of the recipient’s move as soon as the recipient’s location in the second county is known. The county to which the recipient has moved will be responsible for determining the recipient’s continued eligibility for payment of aid and, to the extent possible, as determined by the Director of Health Services, eligibility for the Medi-Cal program, as of the first day of the month following 30 days after the first county has notified the second county of the recipient’s relocation. The first county shall provide the second county with copies of those documents, as specified by the department, necessary to establish current eligibility and grant amount. +(b) This section shall become inoperative on June 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 4. +Section 11053.2 of the Welfare and Institutions Code is amended to read: +11053.2. +(a) Notwithstanding any other law, the department shall establish a process of intercounty transfer of eligibility for CalFresh benefits provided under Chapter 10 (commencing with Section 18900) of Part 6 when a recipient changes residence from one county to another within the state. The intercounty transfer process shall facilitate a recipient’s move from one county to another without a break in benefits and without requiring a new application to be submitted to the new county of residence. +(b) (1) For CalFresh recipients who are receiving CalWORKs benefits pursuant to Chapter 2 (commencing with Section 11200), the intercounty transfer process utilized for CalWORKs shall be used. +(2) For CalFresh recipients who are receiving Medi-Cal benefits pursuant to Chapter 7 (commencing with Section 14000), but are not receiving CalWORKs benefits pursuant to Chapter 2 (commencing with Section 11200), the intercounty transfer process utilized for the Medi-Cal program shall be used. +(3) This subdivision shall be implemented no later than April 1, 2011. +(c) For CalFresh recipients who are not receiving CalWORKs or Medi-Cal benefits as described in paragraphs (1) and (2) of subdivision (b), an intercounty transfer process shall be developed, in consultation with representatives of county human services departments and advocates for recipients. To the greatest extent possible, the process shall be simple, client friendly, ensure the client does not need to provide copies of documents that were previously provided to the prior county of residence, build on existing processes for the programs described in paragraphs (1) and (2) of subdivision (b), and minimize workload for county eligibility operations. The process developed pursuant to this subdivision shall be implemented no later than July 1, 2011. +(d) Upon the implementation of the intercounty transfer procedures set forth in this section, it shall be the responsibility of a recipient changing residence from one county to another within the state to notify his or her prior county of residence of his or her move. The prior county of residence shall notify the new county of the recipient’s move as soon as the recipient’s location in the new county is known. The new county of residence shall be responsible for determining the recipient’s continued eligibility for payment of CalFresh benefits. To the extent permitted by federal law, the new county of residence shall not be required to interview persons in the CalFresh household to determine continued eligibility until the next scheduled recertification or other regularly scheduled interview. +(e) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this section through all-county letters, or similar instructions from the director no later than April 1, 2011, with respect to subdivision (b), and no later than July 1, 2011, with respect to subdivision (c). +(f) The department shall adopt regulations as otherwise necessary to implement this section no later than July 1, 2012. Emergency regulations adopted for implementation of this section may be adopted by the director in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of emergency regulations shall be deemed to be an emergency and necessary for immediate preservation of the public peace, health and safety, or general welfare. The emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days. +(g) This section shall become inoperative on June 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 5. +Section 11102 of the Welfare and Institutions Code is amended to read: +11102. +(a) County residence is not a qualification for aid under any public assistance program. +(b) County responsibility for making aid payments is determined as follows: +(1) The county where the applicant lives shall accept the application and shall be responsible for paying the aid. +(2) Responsibility for payment of aid to any person qualifying for and receiving aid from any county, who moves to another county in this state to make his or her home, shall be transferred to the second county as soon as administratively possible, but not later than the first day of the month following 30 days after notification to the second county. +(c) For purposes of public assistance the county in which an applicant or recipient lives is: +(1) For a patient in a state hospital or institution, voluntary, nonprofit, or proprietary facility or other public or private institution, the county from which he or she was admitted. +(2) For a person who has had to leave the county in which he or she normally lives, solely for the purpose of securing care not otherwise available to him or her in a medical facility, the county in which he or she last maintained a living arrangement outside a medical facility. +(d) This section shall become inoperative on June 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 6. +Section 11102 is added to the Welfare and Institutions Code, to read: +11102. +(a) County residence is not a qualification for aid under any public assistance program. +(b) County responsibility for making aid payments is determined as follows: +(1) The county where the applicant lives shall accept the application and shall be responsible for paying the aid. +(2) Responsibility for payment of aid to a person qualifying for and receiving aid from a county, who moves to another county in this state to make his or her home, shall be transferred to the second county as soon as administratively possible pursuant to the requirements set forth in subdivision (a) of Section 10003. +(c) For purposes of public assistance, the county where an applicant or recipient lives is determined as follows: +(1) For a patient in a state hospital or institution, voluntary, nonprofit, or proprietary facility, or other public or private institution, the county where he or she was admitted. +(2) For a person who has had to leave the county where he or she normally lives, solely for the purpose of securing care not otherwise available to him or her in a medical facility, the county where he or she last maintained a living arrangement outside a medical facility. +(d) This section shall become operative on June 1, 2017. +SEC. 7. +No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act. +SEC. 8. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the Temporary Assistance for Needy Families (TANF) program, each county provides cash assistance and other benefits to qualified low-income families. +Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which qualified low-income persons are provided with health care services. +Existing law establishes a statewide program to enable eligible low-income persons to receive food stamps under the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh. Existing law requires counties to implement the program, including determining eligibility and distributing CalFresh benefits. Existing law requires the State Department of Social Services to establish and implement a process of intercounty transfer of eligibility for CalFresh benefits, and to take various regulatory actions. +Existing law requires the county where an applicant of a public assistance program lives to be responsible for paying for the aid and requires transfer of the responsibility to pay, when that person moves to another county, to the 2nd county as soon as administratively possible, but not later than the first day of the month following 30 days after notification to the 2nd county. +This bill would instead, commencing June 1, 2017, require the responsibility for payment of aid to transfer to the 2nd county as soon as administratively possible, as specified. The bill would delete provisions relating to the determination of the county of residence for an aid recipient who has been released or discharged from a state hospital. +Under existing law, a recipient of aid who is changing residence from one county to another within the state is required to notify the county paying aid to the recipient of the move, and to apply for a redetermination of eligibility within the new county of residence. Existing law imposes various requirements on the relevant counties, including requiring the county to which the recipient has moved to determine the recipient’s continued eligibility for payment of aid and, to the extent possible, the recipient’s eligibility for the Medi-Cal program. +This bill would make inoperative on June 1, 2017, those provisions relating to the notice and redetermination of aid procedures for when a recipient of aid changes residence from one county to another within the state, including the procedures for intercounty transfer of CalFresh benefits. The bill would instead, commencing June 1, 2017, require the recipient to notify either the county from which he or she moves or the county to which he or she moves of the change of residence and, within 7 business days of notice of a new residence, would require that county to initiate an intercounty transfer for specified public social service benefits. The bill would require that the benefits be transferred no later than the first day of the next available benefit month following 30 days after a county was notified. The bill would prohibit the new county of residence from interviewing recipients from another county to determine continued eligibility for the CalWORKs or CalFresh programs until the next scheduled recertification or redetermination, and would require case file documents to be shared electronically between the prior county of residence and the new county of residence. The bill would require the State Department of Health Care Services and the State Department of Social Services to adopt regulations by July 1, 2021. The bill would require, beginning June 1, 2017, the departments to provide a status report on the adoption of the regulations to the Legislature on a semiannual basis. Because this bill would impose additional duties on counties with regard to the provision of aid, this bill would impose a state-mandated local program. +Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. +This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend and repeal Sections 11052.6, 11053, and 11053.2 of, to amend, repeal, and add Section 11102 of, and to add Section 10003 to, the Welfare and Institutions Code, relating to public social services." +367,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3041.5 of the Penal Code is amended to read: +3041.5. +(a) At all hearings for the purpose of reviewing an inmate’s parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en banc review of tie votes, the following shall apply: +(1) At least 10 days before any hearing by the Board of Parole Hearings, the inmate shall be permitted to review the file which will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file. +(2) The inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the inmate nor the attorney for the inmate shall be entitled to ask questions of any person appearing at the hearing pursuant to subdivision (b) of Section 3043. +(3) Unless legal counsel is required by some other law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision be presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures. +(4) The inmate and any person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings. +(5) If the hearing is for the purpose of postponing or rescinding parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932. +(6) The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole. +(b) (1) Within 10 days following any decision granting parole, the board shall send the inmate a written statement setting forth the reason or reasons for granting parole, the conditions he or she must meet in order to be released, and the consequences of failure to meet those conditions. +(2) Within 20 days following any decision denying parole, the board shall send the inmate a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated. +(3) The board shall schedule the next hearing, after considering the views and interests of the victim, as follows: +(A) Fifteen years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than 10 additional years. +(B) Ten years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than seven additional years. +(C) Three years, five years, or seven years after any hearing at which parole is denied, because the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy period of incarceration for the inmate than seven additional years. +(4) The board may in its discretion, after considering the views and interests of the victim, advance a hearing set pursuant to paragraph (3) to an earlier date, +but not less than two years after a hearing at which parole was denied, +when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the additional period of incarceration of the inmate provided in paragraph (3). +(5) Within 10 days of any board action resulting in the rescinding of parole, the board shall send the inmate a written statement setting forth the reason or reasons for that action, and shall schedule the inmate’s next hearing in accordance with paragraph (3). +(c) The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in but shall not be deemed to be binding upon subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in paragraph (1) of subdivision (b) of Section 3041. +(d) (1) An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, with notice, upon request, and a copy to the victim which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. +(2) The board shall have sole jurisdiction, after considering the views and interests of the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b). +(3) An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board.","Existing law, as amended by Proposition 9, the Victim’s Bill of Rights Act of 2008: Marsy’s Law, at the November 4, 2008, statewide general election, authorizes the Board of Parole Hearings, after considering the views and interests of the victim, to advance a parole hearing that was set after a hearing at which parole was denied to an earlier date when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the prisoner to serve the additional period of incarceration required as a result of the previously set hearing date. Marsy’s Law authorizes the Legislature to amend its provisions by passing a statute with +3/4 +of the membership of each house concurring, unless the amendments expand the scope of Marsy’s Law’s provisions, recognize additional rights of crime victims, or further the rights of crime victims, in which case the Legislature may amend its provisions by passing a statute with a majority vote of membership of each house concurring. +This bill would prohibit the board from advancing a parole hearing to a date less than 2 years after a hearing at which parole was denied.","An act to amend Section 3041.5 of the Penal Code, relating to parole." +368,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 1.5 (commencing with Section 48929) is added to Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code, to read: +Article 1.5. Transfer of Pupil Convicted of Violent Felony or Misdemeanor +48929. +Notwithstanding any other law, the governing board of a school district may transfer to another school in that school district a pupil enrolled in that school district who has been convicted of a violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, or convicted of a misdemeanor listed in Section 29805 of the Penal Code if the pupil to be transferred and the victim of the crime for which the pupil was convicted are enrolled at the same school, subject to satisfaction of both of the following conditions: +(a) The governing board of the school district has adopted a policy at a regularly scheduled meeting that contains all of the following provisions: +(1) A requirement that the pupil and pupil’s parent or guardian be notified of the right to request a meeting with the school principal or designee of the school or school district. +(2) A requirement that the school first attempt to resolve the conflict before transferring a pupil, including, but not limited to, using restorative justice, counseling, or other services. +(3) Whether the decision to transfer a pupil is subject to periodic review and the procedure for conducting the review. +(4) The process to be used by the governing board of the school district to consider and approve or disapprove of the recommendation of the school principal or other school or school district designee to transfer the pupil. +(b) The governing board of the school district has provided notice of the policy to parents or guardians as part of the annual notification required pursuant to Section 48980. +SEC. 2. +Section 48980 of the Education Code is amended to read: +48980. +(a) At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of a minor pupil regarding the right or responsibility of the parent or guardian under Sections 35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, and 51938 and Chapter 2.3 (commencing with Section 32255) of Part 19 of Division 1 of Title 1. +(b) The notification also shall advise the parent or guardian of the availability of individualized instruction as prescribed by Section 48206.3, and of the program prescribed by Article 9 (commencing with Section 49510) of Chapter 9. +(c) The notification also shall advise the parents and guardians of all pupils attending a school within the school district of the schedule of minimum days and pupil-free staff development days, and if minimum or pupil-free staff development days are scheduled thereafter, the governing board of the school district shall notify parents and guardians of the affected pupils as early as possible, but not later than one month before the scheduled minimum or pupil-free day. +(d) The notification also may advise the parent or guardian of the importance of investing for future college or university education for their children and of considering appropriate investment options, including, but not limited to, United States savings bonds. +(e) The notification shall advise the parent or guardian of the pupil that each pupil completing grade 12 is required to successfully pass the high school exit examination administered pursuant to Chapter 9 (commencing with Section 60850) of Part 33. The notification shall include, at a minimum, the date of the examination and the requirements for passing the examination, and shall inform the parents and guardians regarding the consequences of not passing the examination and shall inform parents and guardians that passing the examination is a condition of graduation. +(f) Each school district that elects to provide a fingerprinting program pursuant to Article 10 (commencing with Section 32390) of Chapter 3 of Part 19 of Division 1 of Title 1 shall inform parents or guardians of the program as specified in Section 32390. +(g) The notification also shall include a copy of the written policy of the school district on sexual harassment established pursuant to Section 231.5, as it relates to pupils. +(h) The notification shall advise the parent or guardian of all existing statutory attendance options and local attendance options available in the school district. This notification component shall include all options for meeting residency requirements for school attendance, programmatic options offered within the local attendance areas, and any special programmatic options available on both an interdistrict and intradistrict basis. This notification component also shall include a description of all options, a description of the procedure for application for alternative attendance areas or programs, an application form from the school district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. The notification component also shall include an explanation of the existing statutory attendance options, including, but not limited to, those available under Section 35160.5, Chapter 5 (commencing with Section 46600) of Part 26, and subdivision (b) of Section 48204. The department shall produce this portion of the notification and shall distribute it to all school districts. +(i) It is the intent of the Legislature that the governing board of each school district annually review the enrollment options available to the pupils within its district and that the school districts strive to make available enrollment options that meet the diverse needs, potential, and interests of the pupils of California. +(j) The notification shall advise the parent or guardian that a pupil shall not have his or her grade reduced or lose academic credit for any absence or absences excused pursuant to Section 48205 if missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time, and shall include the full text of Section 48205. +(k) The notification shall advise the parent or guardian of the availability of state funds to cover the costs of advanced placement examination fees pursuant to Section 52242. +(l) The notification to the parent or guardian of a minor pupil enrolled in any of grades 9 to 12, inclusive, also shall include the information required pursuant to Section 51229. +(m) If a school district elects to allow a career technical education course to satisfy the requirement imposed by subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, the school district shall include, in the notification required pursuant to this section, both of the following: +(1) Information about the high school graduation requirements of the school district and how each requirement satisfies or does not satisfy the subject matter requirements for admission to the California State University and the University of California. +(2) A complete list of career technical education courses offered by the school district that satisfy the subject matter requirements for admission to the California State University and the University of California, and which of the specific college admission requirements these courses satisfy. +(n) A school district that elects to adopt a policy regarding the transfer of pupils pursuant to Article 1.5 (commencing with Section 48929) shall inform parents or guardians of the policy in the notification required pursuant to this section.","Existing law establishes a system of public elementary and secondary education in this state. Existing law establishes school districts throughout the state and authorizes these school districts to provide instruction at the elementary and secondary schools they operate and maintain. Existing law provides for the governance of these school districts through elected school district governing boards. +This bill would authorize school district governing boards to transfer to another school in that school district pupils enrolled in that school district who have been convicted of violent felonies, as defined, or designated misdemeanors if the pupil to be transferred and the victim of the crime for which the pupil was convicted are enrolled at the same school, if certain requirements are satisfied, including, but not limited to, that the governing board of the school district adopts a policy and notifies parents or guardians of the policy as part of its annual notification to parents and guardians, as specified.","An act to amend Section 48980 of, and to add Article 1.5 (commencing with Section 48929) to Chapter 6 of Part 27 of Division 4 of Title 2 of, the Education Code, relating to pupils." +369,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature in enacting this act to develop additional data to better evaluate whether a combined-use highways system is workable in the County of Inyo. It is further the intent of the Legislature that no General Fund moneys be expended for the pilot project established by this act, and the project will be revenue neutral to the state. +SEC. 2. +Section 38026.1 of the Vehicle Code is amended to read: +38026.1. +(a) Except as provided in subdivision (e), the County of Inyo may establish a pilot project to designate combined-use highways on unincorporated county roads in the county for no more than 10 miles so that the combined-use highways can be used to link existing off-highway motor vehicle trails and trailheads on federal Bureau of Land Management or United States Forest Service lands, and to link off-highway motor vehicle recreational-use areas with necessary service and lodging facilities, in order to provide a unified system of trails for off-highway motor vehicles, preserve traffic safety, improve natural resource protection, reduce off-highway vehicle trespass on private land, and minimize impacts on county residents. +(b) A pilot project established pursuant to this section shall do all of the following: +(1) Prescribe a procedure for highway, road, or route selection and designation. The procedure shall be approved by a vote of a majority of the county’s board of supervisors. +(2) Prescribe a procedure for the county to remove a combined-use designation, including a designation that is removed as a result of the conclusion of the pilot program. +(3) In cooperation with the Department of Transportation, establish uniform specifications and symbols for signs, markers, and traffic control devices to control off-highway motor vehicles, including, but not limited to, the following: +(A) Devices to warn of dangerous conditions, obstacles, or hazards. +(B) Designations of the right-of-way for regular vehicular traffic and off-highway motor vehicles. +(C) A description of the nature and destination of the off-highway motor vehicle trail. +(D) Warning signs for pedestrians and motorists of the presence of off-highway motor vehicle traffic. +(4) Require that off-highway motor vehicles subject to the pilot project meet the safety requirements of federal and state law regarding proper drivers’ licensing, helmet usage, and the requirements pursuant to Section 38026.5. +(5) Prohibit off-highway motor vehicles from traveling faster than 35 miles per hour on highways designated under this section. +(6) (A) Prohibit a combined-use highway road segment designated under this section from exceeding 10 miles. +(B) Notwithstanding subparagraph (A), two or more combined-use highway road segments may share a common starting point or ending point and may partially overlap as long as the resulting network of the highway road segments does not include more than three distinct locations of shared starting or ending points, or both. +(7) Include an opportunity for public comment at a public hearing held by the county in order to evaluate the pilot project. +(c) A pilot project established pursuant to this section may include use of a state highway, subject to the approval of the Department of Transportation, or any crossing of a highway designated pursuant to Section 38025. +(d) (1) By selecting and designating a highway for combined use pursuant to this section, the county agrees to defend and indemnify the state against any and all claims, including legal defense and liability arising from a claim, for any safety-related losses or injuries arising or resulting from use by off-highway motor vehicles of a highway designated as a combined-use highway by the county’s board of supervisors pursuant to this section. +(2) This subdivision does not alter the requirements of subdivision (e). +(e) The county shall not designate a highway for combined use pursuant to this section unless the Commissioner of the Department of the California Highway Patrol finds that designating the highway for combined use would not create a potential traffic safety hazard. +(f) Not later than January 1, 2019, the County of Inyo, in consultation with the Department of the California Highway Patrol, the Department of Transportation, and the Department of Parks and Recreation, shall prepare and submit to the Legislature a report evaluating the pilot project, and containing all of the following: +(1) A description of the road segments designated to allow combined use for over three miles, as approved or adopted by a majority vote of the members of the Inyo County Board of Supervisors. +(2) An evaluation of the overall safety and effectiveness of the pilot project, including its impact on traffic flows, safety, off-highway vehicle usage on existing trails, incursions into areas not designated for off-highway vehicle usage, and nonmotorized recreation. +(3) A description of the public comments received at a public hearing held by the county in regards to an evaluation of the pilot project. +(g) (1) A report submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code. +(2) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.","Existing law authorizes an off-highway motor vehicle that has been issued a plate or device to be operated or driven upon a highway under certain circumstances. Existing law authorizes various public entities, and the Director of Parks and Recreation, to designate a highway, or portion thereof, for the combined use of regular vehicular traffic and off-highway motor vehicles if certain requirements are met. Existing law prohibits a highway from being designated for this combined use for a distance of more than 3 miles. +Existing law, until January 1, 2017, authorizes the County of Inyo to establish a pilot project that would exempt specified combined-use highways in the unincorporated area in the County of Inyo from this prohibition to link together existing roads in the unincorporated portion of the county to existing trails and trailheads on federal Bureau of Land Management or United States Forest Service lands in order to provide a unified linkage of trail systems for off-highway motor vehicles, as prescribed. Existing law requires the County of Inyo, in consultation with the Department of the California Highway Patrol, the Department of Transportation, and the Department of Parks and Recreation, to prepare and submit to the Legislature a report evaluating the effectiveness of the pilot project by January 1, 2016, as specified. +This bill would extend the operation of these provisions until January 1, 2020, and would extend the reporting deadline until January 1, 2019. For purposes of the pilot project described above, the bill would prohibit a combined-use highway road segment from exceeding 10 miles, except as specified.","An act to amend Section 38026.1 of the Vehicle Code, relating to vehicles." +370,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 51283 of the Government Code is amended to read: +51283. +(a) Prior to any action by the board or council giving tentative approval to the cancellation of any contract, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the cancellation valuation of the land for the purpose of determining the cancellation fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the land as though it were free of the contractual restriction and advise the +parties, that +parties that, +upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold +it +that information +as confidential and return or destroy any protected information upon termination of all actions relating to valuation or cancellation of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor. +(b) Prior to giving tentative approval to the cancellation of any contract, the board or council shall determine and certify to the county auditor the amount of the cancellation fee that the landowner shall pay the county treasurer upon cancellation. That fee shall be an amount equal to 12 +1/2 +percent of the cancellation valuation of the property. +(c) If it finds that it is in the public interest to do so, the board or council may waive any payment or any portion of a payment by the landowner, or may extend the time for making the payment or a portion of the payment contingent upon the future use made of the land and its economic return to the landowner for a period of time not to exceed the unexpired period of the contract, had it not been canceled, if all of the following occur: +(1) The cancellation is caused by an involuntary transfer or change in the use +which +that +may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose +which +that +produces a greater economic return to the owner. +(2) The board or council has determined that it is in the best interests of the program to conserve agricultural land use that the payment be either deferred or is not required. +(3) The waiver or extension of time is approved by the Secretary of the +Natural +Resources Agency. The secretary shall approve a waiver or extension of time if the secretary finds that the granting of the waiver or extension of time by the board or council is consistent with the policies of this chapter and that the board or council complied with this article. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the board or council, the evidence in the record of the board or council, and any other evidence the secretary may receive concerning the cancellation, waiver, or extension of time. +(d) The first two million five hundred thirty-six thousand dollars ($2,536,000) of revenue paid to the Controller pursuant to subdivision (e) in the 2004–05 fiscal year, and any other amount as approved in the final Budget Act for each fiscal year thereafter, shall be deposited in the Soil Conservation Fund, which is continued in existence. The money in the fund is available, +when appropriated +upon appropriation +by the Legislature, for the support of all of the following: +(1) The cost of the farmlands mapping and monitoring program of the Department of Conservation pursuant to Section 65570. +(2) The soil conservation program identified in Section 614 of the Public Resources Code. +(3) Program support costs of this chapter as administered by the Department of Conservation. +(4) Program support costs incurred by the Department of Conservation in administering the open-space subvention program (Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2). +(5) The costs to the Department of Conservation for administering Section 51250. +(6) Competitive grants and financial assistance to resource conservation districts pursuant to Section 10247 of the Public Resources Code, subject to the condition specified in subdivision (b) of Section 10247 of the Public Resources Code. +(e) When cancellation fees required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (d) of this section and subdivision (b) of Section 51203. The funds collected by the county treasurer with respect to each cancellation of a contract shall be transmitted to the Controller within 30 days of the execution of a certificate of cancellation of contract by the board or council, as specified in subdivision (b) of Section 51283.4. +(f) It is the intent of the Legislature that fees paid to cancel a contract do not constitute taxes but are payments that, when made, provide a private benefit that tends to increase the value of the property. +SEC. 2. +Section 10247 is added to the Public Resources Code, to read: +10247. +(a) The department shall establish a competitive grant program to provide grants and financial assistance to resource conservation districts to aid in the implementation of state programs or projects that improve soil conservation, carbon sequestration in soil, or moisture retention in soil, or other types of projects that improve the quality of agricultural and related land resources. +(b) Funding pursuant to paragraph (6) of subdivision (d) of Section 51283 of the Government Code shall not be available for purposes of subdivision (a) unless the programs and costs specified in paragraphs (1) to (5), inclusive, of subdivision (d) of Section 51283 of the Government Code first receive all necessary funding. +SECTION 1. +Section 4214 of the +Public Resources Code +is amended to read: +4214. +(a)Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows: +(1)The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee. +(2)The moneys collected, other than those retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of habitable structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the owners of habitable structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas. +(b)The fund may also be used to cover the costs of administering this chapter. +(c)It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter. +(d)Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of habitable structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter: +(1)Local assistance grants pursuant to subdivision (e). +(2)Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas. +(3)Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria. +(4)Inspections by the department for compliance with defensible space requirements around habitable structures in state responsibility areas as required by Section 4291. +(5)Public education to reduce fire risk in the state responsibility areas. +(6)Fire severity and fire hazard mapping by the department in the state responsibility areas. +(7)Other fire prevention projects in the state responsibility areas, authorized by the board. +(e)(1)The board shall establish a local assistance grant program for fire prevention activities designed to benefit habitable structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions. +(2)In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of habitable structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program. +(f)By January 31, 2015, and annually thereafter, the board shall submit to the Legislature a written report on the status and uses of the fund pursuant to this chapter. The written report shall also include an evaluation of the benefits received by counties based on the number of habitable structures in state responsibility areas within their jurisdictions, the effectiveness of the board’s grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, measures to increase compliance, if any, and any recommendations to the Legislature. +(g)(1)The requirement for submitting a report imposed under subdivision (f) is inoperative on January 31, 2022. +(2)A report to be submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code. +(h)It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the provisions of the Public Contract Code or any other provision of law related to public contracting shall not apply.","Existing law establishes the California Land Conservation Act of 1965, otherwise known as the Williamson Act, and authorizes a city or county to enter into 10-year contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation, as specified. Existing law provides a procedure to cancel a contract entered into under these provisions, and provides that the landowner and the Department of Conservation may agree on the cancellation value of the land. +Existing law requires cancellation fees, when they are required to be collected, to be transmitted by the county treasurer to the Controller and deposited in the General Fund, except the first $2,536,000 of revenue paid to the Controller in the 2004–05 fiscal year, and any amount approved in the final Budget Act for each fiscal year thereafter, is required to be deposited in the Soil Conservation Fund, and as otherwise specified. Existing law provides that the money in the Soil Conservation Fund is available, when appropriated by the Legislature, for specified programs and administrative costs. +This bill would provide that the money in the Soil Conservation Fund is available, upon appropriation by the Legislature, additionally for competitive grants and financial assistance to resource conservation districts to aid in the implementation of state programs or projects that improve soil conservation, carbon sequestration in soil, or moisture retention in soil, or other types of projects that improve the quality of agricultural and related land resources, subject to a specified condition. The bill would require the Department of Conservation to establish this competitive grant program. +Existing law requires the State Board of Forestry and Fire Protection to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure on a parcel that is within a state responsibility area. Existing law requires the fee moneys to be expended, upon appropriation, in specified ways, including to reimburse the State Board of Equalization’s expenses incurred in the collection of the fee and to the State Board of Forestry and Fire Protection and to the Department of Forestry and Fire Protection for administration purposes, with excess money being expended only for specified fire prevention activities, as provided. +Existing law, until January 31, 2017, requires the board to submit an annual written report to the Legislature on the status of the uses of the fee moneys. +This bill would continue that requirement until January 31, 2022.","An act to amend Section +4214 of +51283 of the Government Code, and to add Section 10247 to +the Public Resources Code, relating to +fire prevention. +the Soil Conservation Fund." +371,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 84601 of the Government Code is amended to read: +84601. +The Legislature finds and declares as follows: +(a) The people of California enacted one of the nation’s most comprehensive campaign and lobbying financial disclosure laws when they voted for Proposition 9, the Political Reform Act of 1974, an initiative statute. +(b) Public access to campaign and lobbying disclosure information is a vital and integral component of a fully informed electorate. +(c) Advances in technology have made it necessary for the State of California to develop a new, data-driven online filing and disclosure system that provides public disclosure of campaign finance and lobbying information in a user-friendly, easily understandable format. +(d) Members of the public, including voters, journalists, and researchers, should be able to access campaign finance and lobbying information in a robust and flexible manner, including through searches and visual displays such as graphs and maps. +SEC. 2. +Section 84602 of the Government Code is amended to read: +84602. +(a) To implement the Legislature’s intent, the Secretary of State, in consultation with the Commission, notwithstanding any other provision of this code, shall do all of the following: +(1) Develop online and electronic filing processes for use by persons and entities specified in Section 84605 that are required to file statements and reports with the Secretary of State’s office pursuant to Chapter 4 (commencing with Section 84100) and Chapter 6 (commencing with Section 86100). Those processes shall each enable a user to comply with all of the disclosure requirements of this title and shall include, at a minimum, both of the following: +(A) A means or method whereby filers subject to this chapter may submit required filings free of charge. Any means or method developed pursuant to this subparagraph shall not provide any additional or enhanced functions or services that exceed the minimum requirements necessary to fulfill the disclosure provisions of this title. At least one means or method shall be made available no later than December 31, 2002. +(B) The definition of a nonproprietary standardized record format or formats using industry standards for the transmission of the data that is required of those persons and entities specified in Section 84605 and that conforms with the disclosure requirements of this title. The Secretary of State shall hold public hearings before development of the record format or formats as a means to ensure that affected entities have an opportunity to provide input into the development process. The format or formats shall be made public no later than July 1, 1999, to ensure sufficient time to comply with this chapter. +(2) Accept test files from software vendors and others wishing to file reports electronically, for the purpose of determining whether the file format is in compliance with the standardized record format developed pursuant to paragraph (1) and is compatible with the Secretary of State’s system for receiving the data. A list of the software and service providers who have submitted acceptable test files shall be published by the Secretary of State and made available to the public. Acceptably formatted files shall be submitted by a filer in order to meet the requirements of this chapter. +(3) Develop a system that provides for the online or electronic transfer of the data specified in this section using telecommunications technology that ensures the integrity of the data transmitted and that creates safeguards against efforts to tamper with or subvert the data. +(4) Make all the data filed available on the Internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. All late contribution and late independent expenditure reports, as defined by Sections 84203 and 84204, respectively, shall be made available on the Internet within 24 hours of receipt. The data made available on the Internet shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed pursuant to this title. +(5) Develop a procedure for filers to comply with the requirement that they sign under penalty of perjury pursuant to Section 81004. +(6) Maintain all filed data online for 10 years after the date it is filed, and then archive the information in a secure format. +(7) Provide assistance to those seeking public access to the information. +(8) Implement sufficient technology to seek to prevent unauthorized alteration or manipulation of the data. +(9) Provide the Commission with necessary information to enable it to assist agencies, public officials, and others with the compliance with, and administration of, this title. +(10) Report to the Legislature on the implementation and development of the online and electronic filing and disclosure requirements of this chapter. The report shall include an examination of system security, private security issues, software availability, compliance costs to filers, use of the filing system and software provided by the Secretary of State, and other issues relating to this chapter, and shall recommend appropriate changes if necessary. In preparing the report, the Commission may present to the Secretary of State and the Legislature its comments regarding this chapter as it relates to the duties of the Commission and suggest appropriate changes if necessary. There shall be one report due before the system is operational as set forth in Section 84603, one report due no later than June 1, 2002, and one report due no later than January 31, 2003. +(11) Review the current filing and disclosure requirements of this chapter and report to the Legislature, no later than June 1, 2005, recommendations on revising these requirements so as to promote greater reliance on electronic and online submissions. +(b) (1) To implement the Legislature’s intent, as described in Section 84601, the Secretary of State, in consultation with the Commission, shall develop an online filing and disclosure system for use by persons and entities specified in Section 84605 that are required to file statements and reports with the Secretary of State’s office pursuant to Chapter 4 (commencing with Section 84100) and Chapter 6 (commencing with Section 86100). The system shall enable a user to comply with all of the disclosure requirements of this title and shall include, at minimum, all of the following: +(A) A data-driven means or method that allows filers subject to this chapter to submit required filings free of charge in a manner that facilitates public searches of the data and does all of the following: +(i) Enables a filer to comply with all of the disclosure requirements of this title, including by entering or uploading requisite data or by indicating that the filer had no reportable activity during a particular reporting period. +(ii) Retains previously submitted data so that a filer can access that data to amend disclosures or prepare future disclosures. +(iii) Ensures the security of data entered and stored in the system. +(iv) To the extent feasible, is compatible with potential future capability to accept statements from filers specified in subdivisions (b) to (e), inclusive, of Section 84215. +(B) The definition of a nonproprietary standardized record format or formats using industry standards for the transmission of the data that is required of those persons and entities specified in Section 84605 and that conforms with the disclosure requirements of this title. +(2) The Secretary of State shall do all of the following with respect to the online filing and disclosure system developed pursuant to this subdivision: +(A) Accept test files from software vendors and others wishing to file reports electronically for the purpose of determining whether the file format is in compliance with the standardized record format developed pursuant to this subdivision and is compatible with the Secretary of State’s system for receiving the data. The Secretary of State shall publish and make available to the public a list of the software and service providers who have submitted acceptable test files. A filer shall submit acceptably formatted files in order to meet the requirements of this chapter. +(B) Make the data filed available on the Internet as follows: +(i) In a user-friendly, easily understandable format that provides the greatest public access, including online searches and machine-readable downloads of all data contained in the system, except as specified in clause (iii). +(ii) Free of charge and as soon as possible after receipt, or, in the case of late contribution, late in-kind contribution, and late independent expenditure reports, as defined by Sections 84203, 84203.3, and 84204, respectively, within 24 hours of receipt. +(iii) Not containing the street name or building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed pursuant to this title. +(iv) In a manner that allows the public to track and aggregate contributions from the same contributor across filers using a permanent unique identifier assigned by the Secretary of State for this purpose. The Secretary of State shall assign this identifier to, at minimum, each contributor who makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to, or at the behest of, candidates or committees that file electronically with the Secretary of State pursuant to subdivision (a) of Section 84215 or who files with the Secretary of State as a major donor committee under subdivision (c) of Section 82013. +(C) Develop a procedure for filers to comply electronically with the requirement to sign under penalty of perjury pursuant to Section 81004. The electronic signature procedure shall allow the filer to file with the Secretary of State and shall not require an original signature to be filed. +(D) Maintain all filed data online for at least 20 years after the date it is filed, and then archive the information in a secure format. +(E) Provide assistance to those seeking public access to the information. +(F) Implement sufficient technology to seek to prevent unauthorized alteration or manipulation of the data. +(G) Provide the Commission with necessary information to enable it to assist agencies, public officials, and others in complying with and administering this title. +(3) The Secretary of State shall do all of the following with respect to developing the online filing and disclosure system and record format pursuant to this subdivision: +(A) Consult with the Assembly Committee on Elections and Redistricting, the Senate Committee on Elections and Constitutional Amendments, the Commission, users, filers, and other stakeholders, as appropriate, about functions of the online filing and disclosure system. +(B) In consultation with the Commission, and no later than July 31, 2017, hold at least one public hearing to receive input about developing the online filing and disclosure system and record format. +(C) No later than December 31, 2017, submit a report to the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments that includes a plan for the online filing and disclosure system, describes how members of the public will be able to query and retrieve data from the system, and includes a plan for integrating statements as specified in clause (iv) of subparagraph (A) of paragraph (1). +(4) The Secretary of State shall make the online filing and disclosure system developed pursuant to this subdivision available for use no later than February 1, 2019. The Secretary of State may extend this date to a date no later than December 31, 2019, after consulting with the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments and providing to those committees a report that explains the need for the extension and includes a plan for completion. +(5) The Secretary of State may accept any funds, services, equipment, or grants to further this subdivision, provided that the Secretary of State shall notify the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments upon accepting any amount valued at one hundred thousand dollars ($100,000) or more. +(6) Because the provisions of this chapter need to be implemented as expeditiously as possible, the information technology procurement requirements described in Chapter 5.6 (commencing with Section 11545) of Part 1 of Division 3 of Title 2 of this code, and in Section 12100 of the Public Contract Code, do not apply to development of the online filing and disclosure system pursuant to this subdivision. The Secretary of State shall consult with the Department of Technology, as appropriate, in developing the online filing and disclosure system, in order to maximize project success, minimize lifecycle costs, and ensure the security of the system and its data. +(7) (A) Before making the system developed pursuant to this subdivision available for public use, the Secretary of State, in consultation with the Commission, shall test the system to ensure its functionality and then certify that the system meets all the requirements of this subdivision. The Secretary of State may consult with the Department of Technology as needed to fulfill his or her duties under this paragraph. +(B) After the system developed pursuant to this subdivision is certified, the system described in subdivision (a) shall no longer accept reports and filings, unless otherwise directed by the Secretary of State and the Commission. The system described in subdivision (a) shall continue to allow public access to past disclosures unless the Secretary of State migrates that data into the system described in this subdivision. +(c) On or before December 31, 2017, and on or before every April 15, July 15, October 15, and January 15 thereafter, the Secretary of State shall submit to the chairs of the Joint Legislative Budget Committee and the fiscal committees of the Legislature a quarterly report on the progress of the Cal-Access Project. Specifically, the Secretary of State shall certify whether he or she (1) anticipates making or has made any changes to the project’s scope, schedule, or budget and (2) considers any problems to be a risk to the project’s completion according to the approved project schedule and budget. This reporting requirement shall end upon the completion or termination of the Cal-Access Project. +SEC. 3. +The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.","The Political Reform Act of 1974 generally requires elected officials, candidates for elective office, and committees formed primarily to support or oppose a candidate for public office or a ballot measure, along with other entities, to file periodic campaign statements. The act requires that these campaign statements contain prescribed information related to campaign contributions and expenditures of the filing entities. Existing law, the Online Disclosure Act, requires the Secretary of State, in consultation with the Fair Political Practices Commission, to develop online and electronic filing processes for use by these persons and entities. +This bill, in addition, would require the Secretary of State, in consultation with the Commission, to develop and certify for public use an online filing and disclosure system for campaign statements and reports that provides public disclosure of campaign finance and lobbying information in a user-friendly, easily understandable format. +The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a +2/3 +vote of each house and compliance with specified procedural requirements. +This bill would declare that it furthers the purposes of the act.","An act to amend Sections 84601 and 84602 of the Government Code, relating to the Political Reform Act of 1974." +372,"The people of the State of California do enact as follows: + + +SECTION +1. +Section 69433.5 of the Education Code is amended to read: +69433.5. +(a) Only a resident of California, as determined by the commission pursuant to Part 41 (commencing with Section 68000), is eligible for an initial Cal Grant award. The recipient shall remain eligible for award renewal only if he or she is a California resident, in attendance, and making satisfactory academic progress at a qualifying institution, as determined by the commission. +(b) A part-time student shall not be discriminated against in the selection of Cal Grant Program award recipients, and an award to a part-time student shall be approximately proportional to the time the student spends in the instructional program, as determined by the commission. A first-time Cal Grant Program award recipient who is a part-time student shall be eligible for a full-time renewal award if he or she becomes a full-time student. +(c) Cal Grant Program awards shall be awarded without regard to race, religion, creed, sex, sexual orientation, gender identity, gender expression, or age. +(d) An applicant shall not receive more than one type of Cal Grant Program award concurrently. An applicant shall not: +(1) Receive one or a combination of Cal Grant Program awards in excess of the amount equivalent to the award level for a total of +four +six +years of full-time attendance in an undergraduate program, except as provided in Section 69433.6. +(2) Have obtained a baccalaureate degree before receiving a Cal Grant Program award. +(e) A Cal Grant Program award, except as provided in Section 69440, may only be used for educational expenses of a program of study leading directly to an undergraduate degree or certificate, or for expenses of undergraduate coursework in a program of study leading directly to a first professional degree, but for which no baccalaureate degree is awarded. +(f) The commission shall, for students who accelerate college attendance, increase the amount of +the +award proportional to the period of additional attendance resulting from attendance in classes that fulfill requirements or electives for graduation during summer terms, sessions, or quarters. In the aggregate, the total amount a student may receive in a +four-year +six-year +period +may +shall +not be increased as a result of accelerating his or her progress to a degree by attending summer terms, sessions, or quarters. +(g) The commission shall notify Cal Grant award recipients of the availability of funding for the summer term, session, or quarter through prominent notice in financial aid award letters, materials, guides, electronic information, and other means that may include, but not necessarily be limited to, surveys, newspaper articles, or attachments to communications from the commission and any other published documents. +(h) The commission may require, by the adoption of rules and regulations, the production of reports, accounting, documents, or other necessary statements from the award recipient and the college or university of attendance pertaining to the use or application of the award. +(i) A Cal Grant Program award may be utilized only at a qualifying institution. +(j) A recipient who initially qualified for both a Cal Grant A award and a Cal Grant B award, and received a Cal Grant B award, may be awarded a renewal Cal Grant A award if that recipient subsequently became ineligible for a renewal Cal Grant B award and meets the applicable Cal Grant A financial need and income and asset criteria. +SEC. 2. +Section 69433.6 of the Education Code is amended to read: +69433.6. +(a) Cal Grant A awards and Cal Grant B awards may be renewed for a total of the equivalent of +four +six +years of full-time attendance in an undergraduate program provided that minimum financial need as defined in paragraph (3) of subdivision (b) of Section 69432.9 continues to exist. Commencing with the 2001–02 academic year, the total number of years of eligibility for grants pursuant to this section shall be based on the student’s educational level in his or her course of study as designated by the institution of attendance when the recipient initially receives payment for a grant. +(b) (1) Commencing with the 2014–15 academic year, a recipient who was determined to be ineligible for a renewal award in the 2012–13 or 2013–14 academic year because he or she exceeded the maximum household income or asset level established by subdivision (k) of Section 69432.7, or failed to meet the minimum need threshold established by paragraph (3) of subdivision (b) of Section 69432.9, shall be eligible to receive a renewal award if the recipient meets all program eligibility requirements for the program from which he or she was previously disqualified and the recipient has remaining renewal award eligibility. For purposes of determining a student’s remaining renewal award eligibility, an academic year during which a student was ineligible shall reduce his or her renewal award eligibility by one full-time equivalent year. +(2) Commencing with the 2015–16 academic year, a recipient who is determined to be ineligible for a renewal award because, during the immediately preceding academic year, he or she exceeded the maximum household income or asset level established by subdivision (k) of Section 69432.7, or failed to meet the minimum need threshold established by paragraph (3) of subdivision (b) of Section 69432.9, shall be eligible to receive a renewal award if the recipient meets all program eligibility requirements for the program from which he or she was previously disqualified and the recipient has remaining renewal award eligibility. For purposes of determining a student’s remaining renewal award eligibility, an academic year during which a student was ineligible shall reduce his or her renewal award eligibility by one full-time equivalent year. +(c) For a student enrolled in an institutionally prescribed five-year undergraduate program, Cal Grant A awards and Cal Grant B awards may be renewed for a total of five years of full-time attendance, provided that minimum financial need, as defined in paragraph (3) of subdivision (b) of Section 69432.9, continues to exist. +(d) (1) A Cal Grant Program award recipient who has completed a baccalaureate degree, and who has been admitted to and is enrolled in a program of professional teacher preparation at an institution approved by the California Commission on Teacher Credentialing is eligible for, but not entitled to, renewal of a Cal Grant Program award for an additional year of full-time attendance, if minimum financial need, as defined in paragraph (3) of subdivision (b) of Section 69432.9, continues to exist. +(2) Payment for an additional year is limited to only those courses required for an initial teaching authorization. An award made under this subdivision may not be used for other courses. +(3) A student’s Cal Grant Program renewal eligibility shall not have lapsed more than 15 months before the payment of an award for purposes of this subdivision. +SECTION 1. +It is the intent of the Legislature to enact legislation that would make additional student financial aid options available for students attending segments of postsecondary education.","Existing law, the Cal Grant Program, establishes the Cal Grant A and B Entitlement Awards, the California Community College Transfer Entitlement Awards, the Competitive Cal Grant A and B Awards, the Cal Grant C Awards, and the Cal Grant T Awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. The program prohibits an applicant from receiving one or a combination of program awards in excess of the amount equivalent to the award level for a total of a 4-year period of full-time attendance in an undergraduate program, except as provided. +This bill would increase this generally applicable maximum for total Cal Grant awards to an applicant to the award level for a 6-year period of full-time attendance. +Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending segments of postsecondary education. +This bill would express the intent of the Legislature to enact legislation that would make additional student financial aid options available for students attending segments of postsecondary education.","An act +to amend Sections 69433.5 and 69433.6 of the Education Code, +relating to +postsecondary education. +student financial aid." +373,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7582.2 of the +Business and Professions Code +is amended to read: +7582.2. +This chapter does not apply to all of the following: +(a)A person who does not meet the requirements to be a proprietary private security officer, as defined in Section 7574.01, and is employed exclusively and regularly by an employer who does not provide contract security services for other entities or persons, in connection with the affairs of the employer only and if there exists an employer-employee relationship if that person at no time carries or uses a deadly weapon in the performance of his or her duties. For purposes of this subdivision, “deadly weapon” is defined to include an instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, metal knuckles, a dirk, dagger, pistol, revolver, or any other firearm, a knife having a blade longer than five inches, a razor with an unguarded blade, and a metal pipe or bar used or intended to be used as a club. +(b)An officer or employee of the United States of America, or of this state or a political subdivision thereof, while the officer or employee is engaged in the performance of his or her official duties, including uniformed peace officers employed part time by a public agency pursuant to a written agreement between a chief of police or sheriff and the public agency, provided the part-time employment does not exceed 50 hours in any calendar month. +(c)A person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons. +(d)A charitable philanthropic society or association duly incorporated under the laws of this state that is organized and maintained for the public good and not for private profit. +(e)Patrol special police officers appointed by the police commission of a city, county, or city and county under the express terms of its charter who also under the express terms of the charter (1) are subject to suspension or dismissal after a hearing on charges duly filed with the commission after a fair and impartial trial, (2) must be not less than 18 years of age nor more than 40 years of age, (3) must possess physical qualifications prescribed by the commission, and (4) are designated by the police commission as the owners of a certain beat or territory as may be fixed from time to time by the police commission. +(f)An attorney at law in performing his or her duties as an attorney at law. +(g)A collection agency or an employee thereof while acting within the scope of his or her employment, while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his or her property where the contract with an assignor creditor is for the collection of claims owed or due or asserted to be owed or due or the equivalent thereof. +(h)Admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them. +(i)A bank subject to the jurisdiction of the Commissioner of Financial Institutions of the State of California under Division 1 (commencing with Section 99) of the Financial Code or the Comptroller of the Currency of the United States. +(j)A person engaged solely in the business of securing information about persons or property from public records. +(k)A peace officer of this state or a political subdivision thereof while the peace officer is employed by a private employer to engage in off-duty employment in accordance with Section 1126 of the Government Code. However, this subdivision does not exempt a peace officer who either contracts for his or her services or the services of others as a private patrol operator or contracts for his or her services as or is employed as an armed private security officer. For purposes of this subdivision, “armed security officer” means an individual who carries or uses a firearm in the course and scope of that contract or employment. +(l)A retired peace officer of the state or political subdivision thereof when the retired peace officer is employed by a private employer in employment approved by the chief law enforcement officer of the jurisdiction where the employment takes place, provided that the retired officer is in a uniform of a public law enforcement agency, has registered with the bureau on a form approved by the director, and has met any training requirements or their equivalent as established for security personnel under Section 7583.5. This officer may not carry an unloaded and exposed handgun unless he or she is exempted under the provisions of Article 2 (commencing with Section 26361) of Chapter 6 of Division 5 of Title 4 of Part 6 of the Penal Code, may not carry an unloaded firearm that is not a handgun unless he or she is exempted under the provisions of Article 2 (commencing with Section 26405) of Chapter 7 of Division 5 of Title 4 of Part 6 of the Penal Code, and may not carry a loaded or concealed firearm unless he or she is exempted under the provisions of Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6 of the Penal Code or Sections 25900 to 25910, inclusive, of the Penal Code or has met the requirements set forth in subdivision (d) of Section 26030 of the Penal Code. However, this subdivision does not exempt the retired peace officer who contracts for his or her services or the services of others as a private patrol operator. +(m)A licensed insurance adjuster in performing his or her duties within the scope of his or her license as an insurance adjuster. +(n)A savings association subject to the jurisdiction of the Commissioner of Financial Institutions or the Office of Thrift Supervision. +(o)A secured creditor engaged in the repossession of the creditor’s collateral and a lessor engaged in the repossession of leased property in which it claims an interest. +(p)A peace officer in his or her official police uniform acting in accordance with subdivisions (c) and (d) of Section 70 of the Penal Code. +(q)An unarmed, uniformed security person employed exclusively and regularly by a motion picture studio facility employer who does not provide contract security services for other entities or persons in connection with the affairs of that employer only and where there exists an employer-employee relationship if that person at no time carries or uses a deadly weapon, as defined in subdivision (a), in the performance of his or her duties, which may include, but are not limited to, the following business purposes: +(1)The screening and monitoring access of employees of the same employer. +(2)The screening and monitoring access of prearranged and preauthorized invited guests. +(3)The screening and monitoring of vendors and suppliers. +(4)Patrolling the private property facilities for the safety and welfare of all who have been legitimately authorized to have access to the facility. +(r)A person regularly employed as a security officer by the Los Angeles County Metropolitan Transit Authority. +SEC. 2. +Section 830.7 of the +Penal Code +is amended to read: +830.7. +The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832: +(a)Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code. +(b)Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies. +(c)Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies. +(d)Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code. +(e)Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code. +(f)Nonpeace officers regularly employed as county parole officers pursuant to Section 3089. +(g)Persons appointed by the Executive Director of the California Science Center pursuant to Section 4108 of the Food and Agricultural Code. +(h)Persons regularly employed as investigators by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers, to the extent necessary to enforce laws related to public transportation, and authorized by a memorandum of understanding with the chief of police, permitting the exercise of that authority. For the purposes of this subdivision, “investigator” means an employee defined in Section 53075.61 of the Government Code authorized by local ordinance to enforce laws related to public transportation. Transportation investigators authorized by this section shall not be deemed “peace officers” for purposes of Sections 241 and 243. +(i)Persons regularly employed by any department of the City of Los Angeles who are designated as security officers and authorized by local ordinance to enforce laws related to the preservation of peace in or about the properties owned, controlled, operated, or administered by any department of the City of Los Angeles and authorized by a memorandum of understanding with the Chief of Police of the City of Los Angeles permitting the exercise of that authority. Security officers authorized pursuant to this subdivision shall not be deemed peace officers for purposes of Sections 241 and 243. +(j)Illegal dumping enforcement officers or code enforcement officers, to the extent necessary to enforce laws related to illegal waste dumping or littering, and authorized by a memorandum of understanding with, as applicable, the sheriff or chief of police within whose jurisdiction the person is employed, permitting the exercise of that authority. An “illegal dumping enforcement officer or code enforcement officer” is defined, for purposes of this section, as a person employed full time, part time, or as a volunteer after completing training prescribed by law, by a city, county, or city and county, whose duties include illegal dumping enforcement and who is designated by local ordinance as a public officer. An illegal dumping enforcement officer or code enforcement officer may also be a person who is not regularly employed by a city, county, or city and county, but who has met all training requirements and is directly supervised by a regularly employed illegal dumping enforcement officer or code enforcement officer conducting illegal dumping enforcement. This person shall not have the power of arrest or access to summary criminal history information pursuant to this section. No person may be appointed as an illegal dumping enforcement officer or code enforcement officer if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. Persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105. +(k)Persons regularly employed as security officers by the Los Angeles County Metropolitan Transit Authority. +SECTION 1. +Section 830.75 is added to the Penal Code, to read: +830.75. +Notwithstanding any other law, persons regularly employed as security officers by the Los Angeles County Metropolitan Transportation Authority are not peace officers and may not exercise the powers of arrest of a peace officer, as specified in Section 836. However, these persons may be authorized by the governing board of the authority to detain individuals on properties owned, controlled, operated, and administered by the authority when exigent circumstances exist. For purposes of this section, exigent circumstances exist only when the security officer has probable cause to believe that a person is at risk of serious bodily injury or death or a person has been assaulted and the suspect is attempting to flee. A detention made pursuant to this section shall be limited to a reasonable time to allow for an investigation by a peace officer. +SEC. 3. +SEC. 2. +Section 22295 of the Penal Code is amended to read: +22295. +(a) Nothing in any provision listed in Section 16580 prohibits any police officer, special police officer, peace officer, law enforcement officer, or security officer regularly employed by the Los Angeles +County +Metropolitan +Transit +Transportation +Authority, from carrying any wooden club or baton. +(b) Nothing in any provision listed in Section 16580 prohibits a uniformed security guard, regularly employed and compensated by a person engaged in any lawful business, while actually employed and engaged in protecting and preserving property or life within the scope of employment, from carrying any wooden club or baton if the uniformed security guard has satisfactorily completed a course of instruction certified by the Department of Consumer Affairs in the carrying and use of the club or baton. The training institution certified by the Department of Consumer Affairs to present this course, whether public or private, is authorized to charge a fee covering the cost of the training. +(c) The Department of Consumer Affairs, in cooperation with the Commission on Peace Officer Standards and Training, shall develop standards for a course in the carrying and use of a club or baton. +(d) Any uniformed security guard who successfully completes a course of instruction under this section is entitled to receive a permit to carry and use a club or baton within the scope of employment, issued by the Department of Consumer Affairs. The department may authorize a certified training institution to issue permits to carry and use a club or baton. A fee in the amount provided by law shall be charged by the Department of Consumer Affairs to offset the costs incurred by the department in course certification, quality control activities associated with the course, and issuance of the permit. +(e) Any person who has received a permit or certificate that indicates satisfactory completion of a club or baton training course approved by the Commission on Peace Officer Standards and Training prior to January 1, 1983, shall not be required to obtain a club or baton permit or complete a course certified by the Department of Consumer Affairs. +(f) Any person employed as a county sheriff’s or police security officer, as defined in Section 831.4, shall not be required to obtain a club or baton permit or to complete a course certified by the Department of Consumer Affairs in the carrying and use of a club or baton, provided that the person completes a course approved by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton, within 90 days of employment. +(g) Nothing in any provision listed in Section 16580 prohibits an animal control officer, as described in Section 830.9, or an illegal dumping enforcement officer, as described in Section 830.7, from carrying any wooden club or baton if the animal control officer or illegal dumping enforcement officer has satisfactorily completed the course of instruction certified by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton. The training institution certified by the Commission on Peace Officer Standards and Training to present this course, whether public or private, is authorized to charge a fee covering the cost of the training. +SEC. 4. +SEC. 3. +Section 26065 is added to the Penal Code, to read: +26065. +Notwithstanding Section +25850, +25850 of this code and Section 2006 of the Fish and Game Code, +a person regularly employed by the Los Angeles County Metropolitan +Transit +Transportation +Authority as a security officer may be permitted to carry a shotgun, as defined in Section 17190, in a patrol vehicle or armored vehicle owned by the authority for use in carrying out the security officer’s official +duties. +duties when performing revenue protection duties. A security officer may only carry a shotgun in a vehicle pursuant to this section if the vehicle is an armored vehicle designated for revenue collection and only when the officer is performing revenue protection duties. +SEC. 5. +SEC. 4. +Section 32455 is added to the Penal Code, to read: +32455. +Section 32310 does not apply to the sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by the Los Angeles County Metropolitan +Transit +Transportation +Authority for use by its employee security officers in the discharge of their official duties. +SEC. 6. +SEC. 5. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Los Angeles County Metropolitan +Transit +Transportation +Authority.","(1)The Private Security Services Act generally regulates the private security vocation, and requires each uniformed employee of a provide patrol operator to, among other things, register with the Bureau of Security and Investigative Services and complete specified training. The act exempts specified persons from its requirements. +This bill would exempt a person regularly employed as a security officer by the Los Angeles County Metropolitan Transit Authority from the requirements of the Private Security Services Act. +(2) +(1) +Existing law authorizes certain persons who are not peace officers to exercise the powers of arrest under certain circumstances, if they have completed a specified training course prescribed by the Commission on Peace Officer Standards and Training. +This bill would +extend that authority to +allow +persons regularly employed as security officers by the Los Angeles County Metropolitan +Transit Authority. +Transportation Authority to detain individuals on properties owned, controlled, operated, and administered by the authority when exigent circumstances exist, as defined. +(3) +(2) +Existing law states that specified provisions of law relating to deadly weapons do not prohibit a police officer, special police officer, peace officer, or law enforcement officer from carrying a wooden club or baton. +This bill would additionally state that the specified provisions of law do not prohibit a security officer regularly employed by the Los Angeles +County +Metropolitan +Transit +Transportation +Authority from carrying a wooden club or baton. +(4) +(3) +Under existing law, a person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street. +This bill would, notwithstanding the above provision, allow a person regularly employed by the Los Angeles County Metropolitan +Transit +Transportation +Authority as a security officer to be permitted to carry a shotgun in a patrol vehicle or armored vehicle owned by the authority for use in carrying out the security officer’s official duties. +(5) +(4) +Existing law prohibits the sale, gift, and loan of a large-capacity magazine. A violation of this prohibition is punishable as a misdemeanor with specified penalties or as a felony. +This bill would make these provisions inapplicable to the sale of, giving of, lending of, importation into this state of, or purchase +of, +of +any large-capacity magazine to or by the Los Angeles County Metropolitan +Transit +Transportation +Authority for use by its employee security officers in the discharge of their official duties. +(6) +(5) +This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.","An act to amend Section +7582.2 of the Business and Professions Code, and to amend Sections 830.7 and +22295 of, and to add Sections +26065 and +830.75, 26065, and +32455 to, the Penal Code, relating to security officers." +374,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 3.1 (commencing with Section 35630) is added to Division 26.5 of the Public Resources Code, to read: +CHAPTER 3.1. Ocean Acidification and Hypoxia Mitigation +35630. +The Legislature finds and declares all of the following: +(a) Ocean acidification and hypoxia, an abnormal deficiency of oxygen in marine environments, are two major threats to ocean and coastal ecosystems globally, and west coast states are particularly vulnerable, according to the April 2016 findings of the West Coast Ocean Acidification and Hypoxia Science Panel. +(b) The West Coast Ocean Acidification and Hypoxia Science Panel was a binational collaboration of leading scientists from California, Oregon, Washington, and British Columbia that was convened at the request of the council and the California Ocean Science Trust. The West Coast Ocean Acidification and Hypoxia Science Panel’s executive summary report outlines findings, recommendations, and actions to address ocean acidification and hypoxia. +(c) Ocean acidification is caused primarily by global carbon dioxide emissions. Local carbon dioxide emissions and local nutrient inputs can intensify the effects of ocean acidification. +(d) The West Coast Ocean Acidification and Hypoxia Science Panel recommends that California and other west coast states actively employ strategies that address local factors that can reduce ocean acidification and hypoxia exposure, including protecting and restoring critical coastal and aquatic habitats. +(e) Eelgrass ecosystems are among the most diverse and productive ecosystems in the world, with particular importance to farmed shellfish aquaculture and other forms of sustainable aquaculture and to commercially and recreationally valuable species, including shellfish, crabs, finfish, waterfowl, and shorebirds. +(f) Eelgrass protection and restoration efforts help promote a healthier ocean for ecosystems and industry. +(g) Since the 1850s, 90 percent of California’s eelgrass acreage has been destroyed, and the remaining 10 percent is continuously exposed to multiple stressors and threats. +(h) Scientific research has shown that eelgrass habitat provides multiple benefits, including the following: +(1) Providing essential habitat for salmon, groundfish, and Pacific herring, providing Dungeness crab nurseries, and supporting commercial fisheries important to California’s coastal economy. +(2) Improving water quality by filtering polluted runoff and by absorbing excess nutrients. +(3) Helping to mitigate hypoxia. +(4) Sequestering carbon in the underlying sediments. +(5) Protecting the shoreline from erosion by absorbing wave energy and helping to mitigate the impacts of sea level rise. +(i) Advancing the protection and restoration of eelgrass beds in California’s coastal environments, based on scientific and evidence-based approaches, is a critical strategy in enhancing California’s ability to cope with ocean acidification and hypoxia. +35632. +(a) To the extent funds are available from bonds or other sources, the council, in consultation with the State Coastal Conservancy and other relevant entities, shall establish and administer the Ocean Acidification and Hypoxia Reduction Program for the purpose of achieving the following goals: +(1) Developing demonstration projects to research how important environmental and ecological factors interact across space and time to influence how geographically dispersed eelgrass beds function for carbon dioxide removal and hypoxia reduction. +(2) Generating an inventory of locations where conservation or restoration of aquatic habitats, including eelgrass, can be successfully applied to mitigate ocean acidification and hypoxia. +(3) Incorporating consideration of carbon dioxide removal for eelgrass restoration projects during the habitat restoration planning process in order to fully account for the benefits of long-term carbon storage of habitat restoration in addition to the habitat value. +(4) Supporting science, monitoring, and coordination to ensure that ocean and coastal policy and management in California reflect best readily available science on strategies to reduce ocean acidification and hypoxia to implement this section. +(b) In advancing approaches in the program to remove carbon dioxide from seawater, the council shall consider approaches that provide multiple cobenefits, including, but not limited to, providing essential fish and bird habitat, improving water quality, and mitigating the impacts of sea level rise. +SEC. 2. +Section 35650 of the Public Resources Code is amended to read: +35650. +(a) The California Ocean Protection Trust Fund is established in the State Treasury. +(b) Moneys deposited in the fund may be expended, upon appropriation by the Legislature, for both of the following: +(1) Projects and activities authorized by the council consistent with Chapter 3 (commencing with Section 35600). +(2) Upon authorization by the council, for grants or loans to public agencies, nonprofit corporations, or private entities for, or direct expenditures on, projects or activities that do one or more of the following: +(A) Eliminate or reduce threats to coastal and ocean ecosystems, habitats, and species. +(B) Improve the management of fisheries through grants or loans for the development and implementation of fishery management plans pursuant to Part 1.7 (commencing with Section 7050) of Division 6 of the Fish and Game Code, a part of the Marine Life Management Act of 1998, that promote long-term stewardship and collaboration with fishery participants to develop strategies that increase environmental and economic sustainability. Eligible projects and activities include, but are not limited to, innovative community-based or cooperative management and allocation strategies that create incentives for ecosystem improvement. Eligible expenditures include, but are not limited to, costs related to activities identified in subdivisions (a), (b), and (d) of Section 7075 of the Fish and Game Code, fishery research, monitoring, data collection and analysis to support adaptive management, and other costs related to the development and implementation of a fishery management plan developed pursuant to this subparagraph. +(C) Foster sustainable fisheries, including grants or loans for one or more of the following: +(i) Projects that encourage the development and use of more selective fishing gear. +(ii) The design of community-based or cooperative management mechanisms that promote long-term stewardship and collaboration with fishery participants to develop strategies that increase environmental and economic sustainability. +(iii) Collaborative research and demonstration projects between fishery participants, scientists, and other interested parties. +(iv) Promotion of value-added wild fisheries to offset economic losses attributable to reduced fishing opportunities. +(v) The creation of revolving loan programs for the purpose of implementing sustainable fishery projects. +(D) Improve coastal water quality. +(E) Allow for increased public access to, and enjoyment of, ocean and coastal resources, consistent with sustainable, long-term protection and conservation of those resources. +(F) Improve management, conservation, and protection of coastal waters and ocean ecosystems. +(G) Provide monitoring and scientific data to improve state efforts to protect and conserve ocean resources. +(H) Protect, conserve, and restore coastal waters and ocean ecosystems, including any of the following: +(i) Acquisition, installation, and initiation of monitoring and enforcement systems. +(ii) Acquisition from willing sellers of vessels, equipment, licenses, harvest rights, permits, and other rights and property, to reduce threats to ocean ecosystems and resources. +(I) Address coastal water contamination from biological pathogens, including collaborative projects and activities to identify the sources of pathogens and develop detection systems and treatment methods. +(J) (i) Provide funding for adaptive management, planning, coordination, monitoring, research, and other necessary activities to minimize the adverse impacts of climate change on California’s ocean ecosystem, including, but not limited to, the effects of sea level rise, changes in ocean productivity, and ocean acidification on coastal and ocean habitat, wildlife, fisheries, chemistry, and other key attributes of ocean ecosystems and to increase the state’s understanding of the ocean’s role in carbon sequestration. Adaptive management strategies, planning, research, monitoring, or other activities shall be designed to improve the management of coastal and ocean resources or aid the state to adapt to climate change impacts. +(ii) Information or activities developed under clause (i), to the extent appropriate, shall provide guidance to the State Air Resources Board for the adoption of early action measures for the elimination or reduction of emissions from sources or categories of sources pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). +(c) Grants or loans may be made to a private entity pursuant to this section only for projects or activities that further public purposes consistent with Sections 35510, 35515, 35617, and 35632. +(d) Consistent with the purposes specified in Section 35515, and in furtherance of the findings in Sections 7059 and 7060 of the Fish and Game Code, the council, in authorizing grants or loans for projects or expenditures pursuant to this section, shall promote coordination of state programs and activities that protect and conserve ocean resources to avoid redundancy and conflicts to ensure that the state’s programs and activities are complementary.","The California Ocean Protection Act establishes the Ocean Protection Council and requires the council, among other things, to coordinate activities of state agencies that are related to the protection and conservation of coastal waters and ocean ecosystems, and to establish policies to coordinate the collection and sharing of scientific data related to coastal and ocean resources among agencies. The act creates the California Ocean Protection Trust Fund in the State Treasury and authorizes moneys deposited in the fund, upon appropriation by the Legislature, to be expended by the council for projects and activities authorized by the council consistent with the purposes of the act. +This bill would require the council, in consultation with the State Coastal Conservancy and other relevant entities, to establish and administer the Ocean Acidification and Hypoxia Reduction Program for the purposes of achieving specified goals. The bill would authorize moneys in the trust fund to be expended for grants or loans for projects or activities that further public purposes consistent with the Ocean Acidification and Hypoxia Reduction Program.","An act to amend Section 35650 of, and to add Chapter 3.1 (commencing with Section 35630) to Division 26.5 of, the Public Resources Code, relating to coastal resources." +375,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11323.2 of the Welfare and Institutions Code is amended to read: +11323.2. +(a) Necessary supportive services shall be available to every participant in order to participate in the program activity to which he or she is assigned or to accept employment or the participant shall have good cause for not participating under subdivision (f) of Section 11320.3. As provided in the welfare-to-work plan entered into between the county and participant pursuant to this article, supportive services shall include all of the following: +(1) Child care. +(A) Paid child care shall be available to every participant with a dependent child in the assistance unit who needs paid child care if the child is 10 years of age or under, or requires child care or supervision due to a physical, mental, or developmental disability or other similar condition as verified by the county welfare department, or who is under court supervision. +(B) To the extent funds are available, paid child care shall be available to a participant with a dependent child in the assistance unit who needs paid child care if the child is 11 or 12 years of age. +(C) Necessary child care services shall be available to every former recipient for up to two years, pursuant to Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code. +(D) A child in foster care receiving benefits under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) or a child who would become a dependent child except for the receipt of federal Supplemental Security Income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) shall be deemed to be a dependent child for the purposes of this paragraph. +(E) The provision of care and payment rates under this paragraph shall be governed by Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code. Parent fees shall be governed by subdivisions (g) and (h) of Section 8263 of the Education Code. +(2) (A) Transportation costs, which shall be governed by regional market rates as determined in accordance with regulations established by the department. +(B) A standard allowance for transportation costs shall be issued in advance to a participant at the beginning of each month in +an +the +amount +that is equal to the cost of a monthly pass for the county public transit system. If a county does not have a public transit system, the participant shall receive +of +one hundred dollars ($100) per month. A participant is entitled to opt out of the standard allowance at any time and make a reimbursement claim for the actual costs of transportation, and may submit this claim to the county by mail, in person, +or +or, if the county already has the technological capacity to do so, +via the county’s Internet Web site. +(3) (A) Ancillary expenses, which shall include the cost of books, tools, clothing specifically required for the job, fees, and other necessary costs. +(B) A participant who has been assigned to an educational activity +in a +full time, as defined by the +postsecondary +school +school, +shall receive a standard allowance of five hundred dollars +($500) +($500). If the participant has been assigned to an educational activity part time, as defined by the postsecondary school, he or she shall receive a standard allowance of two hundred fifty dollars ($250). An allowance paid pursuant to this subparagraph shall be paid no later than +15 days before the start of the semester to ensure that the participant has the funds necessary to purchase books and supplies required by the educational institution. The standard allowance shall be adjusted annually for inflation according to the California Consumer Price Index. A participant is entitled to opt out of the standard allowance at any time and make a reimbursement claim for the actual costs of books and supplies, and may submit this claim to the county by mail, in person, +or +or, if the county already has the technological capacity to do so, +via the county’s Internet Web site. +(4) Personal counseling. A participant who has personal or family problems that would affect the outcome of the welfare-to-work plan entered into pursuant to this article shall, to the extent available, receive necessary counseling or therapy to help him or her and his or her family adjust to his or her job or training assignment. +(b) If provided in a county plan, the county may continue to provide case management and supportive services under this section to former participants who become employed. The county may provide these services for up to the first 12 months of employment to the extent they are not available from other sources and are needed for the individual to retain the employment. +SEC. 2. +Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this act through an all-county letter or similar instruction from the director. The all-county letter or similar instruction shall be issued no later than April 1, 2017. +SEC. 3. +No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families block grant program, state, and county funds. Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid. Existing law requires that necessary supportive services be available to participants in welfare-to-work activities, including transportation costs and ancillary expenses, which include the cost of books, as provided in the welfare-to-work plan entered into between the county and the participant. +This bill would require that a standard allowance for transportation costs be advanced to a participant at the beginning of each month +in an amount that is equal to the cost of a monthly pass for the county public transit system, or if a county does not have a public transit system, +in the amount of $100 per month. The bill would also require that a participant who has been assigned to an educational activity in a postsecondary school +full time, as defined by the school, +receive a standard allowance of $500 for books and supplies, +or $250 if the participant has been assigned to an educational activity part time, as defined by the school, +adjusted annually as +specified, +specified. The bill would require the educational allowance to be paid +at least 15 days before the start of the semester. The bill would authorize the participant to opt out of these standard allowances at any time and make a reimbursement claim for actual costs, and to submit this claim to the county by mail, in person, +or +or, if the county already has the technological capacity to do so, +via the county’s Internet Web site. By increasing the duties of counties administering these services, this bill would impose a state-mandated local program. +(2) Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. +This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 11323.2 of the Welfare and Institutions Code, relating to CalWORKs." +376,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The goal of Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) is to provide greater levels of gender equity in schools. The results have been higher enrollment in colleges and universities, increased numbers of graduate degrees in science and mathematics, increased participation in athletics, and fairer treatment in cases of sexual and gender harassment. These benefits not only lead to higher self-esteem and enhanced leadership skills, but also to higher rates of graduation and greater levels of career success. Title IX was approved in 1972, yet noncompliance with its requirements is still problematic. +(b) Title IX addresses 10 key areas: Access to Higher Education, Athletics, Career Education, Education for Pregnant and Parenting Students, Employment, Learning Environment, Mathematics and Science, Sexual Harassment, Standardized Testing, and Technology. +(c) On January 20, 2015, the Senate Judiciary Committee held an informational hearing entitled “Attaining Equal Opportunity for Girls in California’s Secondary Schools: How our Schools are Complying with Title IX.” During the hearing, the committee heard from the United States Department of Education Office for Civil Rights and the State Department of Education. +(d) As demonstrated by testimony provided during the informational hearing, school districts are often unaware that Title IX requires them to do the following: +(1) Appoint a Title IX coordinator at both the district and school levels who is responsible for coordinating the school and school district’s Title IX compliance. The coordinator should not have other responsibilities that create a conflict of interest with his or her role as coordinator. +(2) Adopt and publish rules and procedures on how to receive, investigate, and respond to a complaint filed under Title IX. +(3) Notify all pupils, parents and guardians of pupils, and school staff of their rights under Title IX. +(e) A 2015 American Civil Liberties Union (ACLU) of California report found widespread unawareness among pupils and school administrators of the rights of pregnant and parenting pupils, including an extremely limited knowledge that pregnant pupils and those recovering from childbirth and related medical conditions are entitled to services available to other pupils with temporary medical conditions. +(f) The ACLU report found that only 4 percent of school districts surveyed included “parenting” status within the list of categories in the nondiscrimination board policy, 25 percent of pupil survey respondents indicated that they had been restricted from participating in an extracurricular activity, such as physical education or a sport, due to their pregnancy status, and 13 percent of pupil survey respondents said that they were required by their school district to move to an alternative or continuation school as a result of their pregnancy despite the law requiring that enrollment in separate programs for parenting pupils be strictly voluntary. +(g) Since Title IX was passed 44 years ago, it has been the subject of over 20 proposed amendments, reviews, Supreme Court cases, and other political actions. It is a living, breathing law that benefits countless women and girls. The lack of knowledge of and training on Title IX harms pupils. +SEC. 2. +Section 221.61 is added to the Education Code, immediately following Section 221.6, to read: +221.61. +(a) On or before July 1, 2017, public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools shall post in a prominent and conspicuous location on their Internet Web sites all of the following: +(1) The name and contact information of the Title IX coordinator for that public school, private school, school district, county office of education, or charter school, which shall include the Title IX coordinator’s phone number and email address. +(2) The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to, Internet Web links to information about those rights and responsibilities located on the Internet Web sites of the department’s Office for Equal Opportunity and the United States Department of Education Office of Civil Rights, and the list of rights specified in Section 221.8. +(3) A description of how to file a complaint under Title IX, which shall include all of the following: +(A) An explanation of the statute of limitations within which a complaint must be filed after an alleged incident of discrimination has occurred, and how a complaint may be filed beyond the statute of limitations. +(B) An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including, but not limited to, Internet Web links to this information on the United States Department of Education Office for Civil Rights’ Internet Web site. +(C) An Internet Web link to the United States Department of Education Office for Civil Rights complaints form, and the contact information for the office, which shall include the phone number and email address for the office. +(b) On or before April 1, 2017, and annually thereafter, the Superintendent shall send a letter through electronic means to all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools informing them of the requirement specified in subdivision (a) and of their responsibilities under Title IX. +(c) A public school that does not maintain an Internet Web site may comply with subdivision (a) by posting the information specified in paragraphs (1) to (3), inclusive, of subdivision (a) on the Internet Web site of its school district or county office of education. +(d) Nothing in this section shall be construed to require a school or local educational agency to establish an Internet Web site if the school or local educational agency does not already maintain one. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Sex Equity in Education Act, states the policy of the state that elementary and secondary school classes and courses, including nonacademic and elective classes and courses, be conducted without regard to the sex of the pupil enrolled in these classes or courses. Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. +This bill would require, on or before July 1, 2017, all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools to post in a prominent and conspicuous location on their Internet Web sites specified information relating to Title IX. The bill would require the Superintendent of Public Instruction to annually send a letter through electronic means to all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools informing them of the new requirement that would be created by this bill and of their responsibilities under Title IX. Because the bill would impose additional duties on public schools, school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 221.61 to the Education Code, relating to educational equity." +377,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California leads the nation in the number of homeless residents with 115,738 people experiencing homelessness at some point, which is 21 percent of the nation’s total. California also leads the nation in the number and ratio of chronically homeless residents with 29,178 chronically homeless residents at any point in time, which is 31 percent of the nation’s total. California also has 10,416 homeless youth, which is 28 percent of the nation’s total. +(b) Homelessness is expensive to the state and local governments. A homeless person receiving general assistance in Los Angeles County, for example, incurs $2,897 per month in crisis response services. +(c) A chronically homeless Californian moving into “supportive housing” is able to reduce costs he or she incurs by almost 80 percent. Moving an individual or family experiencing chronic homelessness to housing stability costs less than the resulting savings in public expenditures. +(d) Following the example of other states, as well as jurisdictions within California, it is the intent of the Legislature to adopt a “Housing First” model for all state programs funding housing for people experiencing homelessness or at risk of homelessness. These housing models should address the distinct needs of homeless populations, including unaccompanied youth under 25 years of age. +(e) Housing First is an evidence-based model of ending all types of homelessness and is the most effective approach to ending chronic homelessness. The federal government recognizes that Housing First yields high-housing retention rates, low returns to homelessness, and significant reductions in crisis or institutional care. The federal government also recognizes the value of time-limited housing to address the needs of unaccompanied homeless youth and persons fleeing domestic violence. +(f) Homelessness affects multiple systems in California. Though almost every state with significant homeless populations has established a council to coordinate a Housing First-oriented response to homelessness, California does not have any entity to manage the state’s response to homelessness. +(g) California participated in a federally funded policy academy to reduce chronic homelessness. That policy academy succeeded in revising programs that the Department of Housing and Community Development (HCD) administers, and in attracting federal funding opportunities requiring collaboration between the HCD and the State Department of Health Care Services. To implement additional successes, it is essential that California have a coordinating council on homelessness. +SEC. 2. +Chapter 6.5 (commencing with Section 8255) is added to Division 8 of the Welfare and Institutions Code, to read: +CHAPTER 6.5. Housing First and Coordinating Council +8255. +For purposes of this chapter: +(a) “Coordinating council” means the Homeless Coordinating and Financing Council established pursuant to Section 8257. +(b) “Core components of Housing First” means all of the following: +(1) Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services. +(2) Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of “housing readiness.” +(3) Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness. +(4) Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals. +(5) Participation in services or program compliance is not a condition of permanent housing tenancy. +(6) Tenants have a lease and all the rights and responsibilities of tenancy, as outlined in California’s Civil, Health and Safety, and Government codes. +(7) The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction. +(8) In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than “first-come-first-serve,” including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents. +(9) Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling. +(10) Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants’ lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses. +(11) The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants. +(c) “Homeless” has the same definition as that term is defined in Section, and move-in assistance. +(e) “State programs” means any programs a California state agency or department funds, implements, or administers for the purpose of providing housing or housing-based services to people experiencing homelessness or at risk of homelessness, with the exception of federally funded programs with requirements inconsistent with this chapter or programs that fund emergency shelters. +8256. +(a) Agencies and departments administering state programs created on or after July 1, 2017, shall collaborate with the coordinating council to adopt guidelines and regulations to incorporate core components of Housing First. +(b) By July 1, 2019, agencies and departments administering state programs in existence prior to July 1, 2017, shall collaborate with the coordinating council to revise or adopt guidelines and regulations that incorporate the core components of Housing First, if the existing guidelines and regulations do not already incorporate the core components of Housing First. +8257. +(a) Within 180 days of the effective date of the measure adding this chapter, the Governor shall create a Homeless Coordinating and Financing Council. +(b) The council shall have the following goals: +(1) To oversee implementation of this chapter. +(2) To identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California. +(3) To create partnerships among state agencies and departments, local government agencies, participants in the United States Department of Housing and Urban Development’s Continuum of Care Program, federal agencies, the United States Interagency Council on Homelessness, nonprofit entities working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness. +(4) To promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness, including unaccompanied youth under 25 years of age. +(5) To coordinate existing funding and applications for competitive funding. Any action taken pursuant to this paragraph shall not restructure or change any existing allocations or allocation formulas. +(6) To make policy and procedural recommendations to legislators and other governmental entities. +(7) To identify and seek funding opportunities for state entities that have programs to end homelessness, including, but not limited to, federal and philanthropic funding opportunities, and to facilitate and coordinate those state entities’ efforts to obtain that funding. +(8) To broker agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding. +(9) To serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California. +(10) To report to the Governor, federal Cabinet members, and the Legislature on homelessness and work to reduce homelessness. +(11) To ensure accountability and results in meeting the strategies and goals of the council. +(12) To identify and implement strategies to fight homelessness in small communities and rural areas. +(13) To create a statewide data system or warehouse that collects local data through Homeless Management Information Systems, with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs, such as Medi-Cal (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) and CalWORKS (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code). +(c) (1) The Governor shall appoint up to 15 members of the council as follows: +(A) A representative from the Department of Housing and Community Development. +(B) A representative of the State Department of Social Services. +(C) A representative of the California Housing Finance Agency. +(D) A representative of the State Department of Health Care Services. +(E) A representative of the Department of Veterans Affairs. +(F) A representative of the Department of Corrections and Rehabilitation. +(G) A representative from the California Tax Credit Allocation Committee in the Treasurer’s office. +(H) A representative of the Victim Services Program within the Division of Grants Management within the Office of Emergency Services. +(I) A formerly homeless person who lives in California. +(J) Two representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Development’s Continuum of Care Program. +(K) State advocates or other members of the public or state agencies, according to the Governor’s discretion. +(2) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one representative of the council from two different stakeholder organizations. +(3) The council may, at its discretion, invite stakeholders, individuals who have experienced homelessness, members of philanthropic communities, and experts to participate in meetings or provide information to the council. +(d) The council shall hold public meetings at least once every quarter. +(e) The members of the council shall serve at the pleasure of the Governor. +(f) Within existing funding, the council may establish working groups, task forces, or other structures from within its membership or with outside members to assist it in its work. Working groups, task forces, or other structures established by the council shall determine their own meeting schedules. +(g) The members of the council shall serve without compensation, except that members of the council who are, or have been, homeless may receive reimbursement for travel, per diem, or other expenses. +(h) The Department of Housing and Community Development shall provide staff for the council. +(i) The members of the council may enter into memoranda of understanding with other members of the council to achieve the goals set forth in this chapter, as necessary, in order to facilitate communication and cooperation between the entities the members of the council represent.","Existing law establishes various programs, including, among others, the Emergency Housing and Assistance Program, to provide assistance to homeless persons. +This bill would require a state agency or department that funds, implements, or administers a state program that provides housing or housing-related services to people experiencing homelessness or at risk of homelessness, except as specified, to revise or adopt guidelines and regulations to include enumerated Housing First policies. The bill would also establish the Homeless Coordinating and Financing Council to oversee the implementation of the Housing First guidelines and regulations and, among other things, to identify resources, benefits, and services that can be accessed to prevent and end homelessness in California.","An act to add Chapter 6.5 (commencing with Section 8255) to Division 8 of the Welfare and Institutions Code, relating to homelessness." +378,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) In the last decade, there has been a 70-percent drop in the number of people preparing to become California teachers. Last year, 22,000 new credentialed teachers were needed, but only 15,000 were acquired. +(b) California has the highest pupil-teacher ratio in the nation, and the gap widened during the budget cuts. By 2013, the state's pupil-teacher ratio reached 24 to 1, compared to the national average of 16 to 1. +(c) According to the California Teachers Association, nearly one in three teachers leave the profession within seven years, 13 percent of teachers leave the profession by the end of their second year, and, every year, 10 percent of teachers in high-poverty schools transfer to other schools. +(d) California’s registered voters consider the shortage of K–12 teachers a very serious problem, according to a poll commissioned by EdSource and the Learning Policy Institute. The survey of 1,002 registered voters statewide found there is strong support (85 percent) for having the state offer additional scholarships or partially forgive a teacher’s college loans as a way to increase the number of those entering the teaching profession. +(e) A 1997 study by S. Paul Wright, Sandra P. Horn, and William L. Sanders studied teachers and their classroom effects on pupil achievement. Through their results, they found that the most important factor affecting pupil achievement is the teacher, and that improving the effectiveness of teachers can improve education for children (Wright, Horn, and Sanders, 1997). A 2011 study conducted by Raj Chetty, John N. Friedman, and Jonah E. Rockoff suggested that pupils with effective teachers are more likely to attend college, attend higher-ranked colleges, earn higher salaries, live in higher socioeconomic status neighborhoods, and save more for retirement. +(f) A study published by the Learning Policy Institute, Addressing California’s Emerging Teacher Shortage: An Analysis of Sources and Solutions, reported that in mathematics and science, the number of credentials awarded to new, fully prepared teachers plunged by 32 percent and 14 percent, respectively, over the last four years (Linda Darling-Hammond, Roberta Furger, Patrick M. Shields, and Leib Sutcher, 2016). Consequently, the amount of underprepared mathematics and science teachers, such as those with temporary permits and waivers and intern credentials, increased by 23 percent and 51 percent, respectively (Darling-Hammond, Furger, Shields, and Sutcher, 2016). In special education, the number of credentials issued decreased by 21 percent between school years 2011–12 and school year 2013–14, while substandard permits and credentials decreased by 10 percent. Nearly one-half of the special education teachers licensed in California in school year 2013–14 lacked full preparation for teaching (Darling-Hammond, Furger, Shields, and Sutcher, 2016). +SEC. 2. +Section 33333.5 is added to the Education Code, to read: +33333.5. +(a) The department shall administer a program providing grants to full-time, credentialed teachers in accordance with all of the following: +(1) Commencing with the 2017–18 school year, and each school year thereafter, a full-time, credentialed teacher who has completed his or her first school year of teaching as of the end of that school year shall receive a grant of one thousand dollars ($1,000) during the next school year. +(2) Commencing with the 2018–19 school year, and each school year thereafter, a full-time, credentialed teacher who has completed two school years of full-time teaching as of the end of that school year shall receive a grant of one thousand dollars ($1,000) during the next school year. +(3) Commencing with the 2019–20 school year, and each school year thereafter, a full-time, credentialed teacher who has completed three school years of full-time teaching as of the end of that school year shall receive a grant of two thousand five hundred dollars ($2,500) during the next school year. +(4) Commencing with the 2020–21 school year, and each school year thereafter, a full-time, credentialed teacher who has completed four school years of full-time teaching as of the end of that school year shall receive a grant of two thousand five hundred dollars ($2,500) during the next school year. +(5) Commencing with the 2021–22 school year, and each school year thereafter, a full-time, credentialed teacher who has completed five school years of full-time teaching as of the end of that school year shall receive a grant of five thousand dollars ($5,000) during the next school year. +(6) Commencing with the 2022–23 school year, and each school year thereafter, a full-time, credentialed teacher who has completed six or more school years of full-time teaching as of the end of that school year shall receive a grant of five thousand dollars ($5,000) during the next school year. +(7) A qualifying teacher may receive grants under this section in multiple school years, but no teacher shall receive more than one grant in a school year under this section. +(b) As used in this section, the following terms shall have the following meanings: +(1) “Credentialed teacher” means a full-time teacher credentialed pursuant to Sections 80021 to 80025, inclusive, of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations, if he or she serves as the teacher of record in a California public elementary or secondary school for a classroom for at least one schoolday during the taxable year in which the credit is claimed. “Credentialed teacher” shall not include a teacher who solely possesses a 30-day substitute teaching permit, as defined in Section 80025 of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations. “Credentialed teacher” shall not include a teacher whose sole public school employment as a teacher of record during the school year occurred at a charter school established under the Charter Schools Act of 1992 (Part 26.8 (commencing with Section 47600) of Division 4). +(2) “Full time” means a minimum of 35 hours per week worked. +SEC. +3. +The State Department of Education shall submit a report to the Legislature on or before July 1, 2022, on the effectiveness of the grant program established pursuant to Section 33333.5 of the Education Code as added by Section 2 of this act. This report shall be submitted in compliance with Section 9795 of the Government Code. +SECTION 1. +Section 17053 is added to the +Revenue and Taxation Code +, to read: +17053. +(a)For each taxable year beginning on or after January 1, 2017, there shall be allowed to a qualified taxpayer a credit against the “net tax,” as defined in Section 17039, in an amount equal to five thousand dollars ($5,000). +(b)For the purposes of this section: +(1)“Full time” means a minimum of 35 hours per week worked. +(2)“Qualified taxpayer” means a full-time teacher credentialed pursuant to Sections 80021 to 80025, inclusive, of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations, if he or she serves as the teacher of record for a classroom for at least one schoolday during the taxable year in which the credit is claimed. “Qualified taxpayer” shall not include a teacher who solely possesses a 30-day substitute teaching permit, as defined in Section 80025 of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations. +(c)(1)Subject to paragraph (2), in the case where the credit allowed by this section exceeds the “net tax” the excess may be carried over to reduce the “net tax,” in the following year, and succeeding years if necessary, until the credit is exhausted. +(2)It is the intent of the Legislature to enact legislation to provide that in the case where the credit allowed by this section exceeds the “net tax,” the excess, in lieu of the carryforward pursuant to paragraph (1), may be refunded to taxpayers, upon appropriation by the Legislature. +(d)Section 41 does not apply to the tax credit allowed by this section. +SEC. 2. +The Legislature finds and declares that it is the intent of the Legislature that, pursuant to legislation to be enacted by the Legislature, the state would treat an appropriation that would be made as described in paragraph (2) of subdivision (c) of Section 17053 of the Revenue and Taxation Code as a tax expenditure program that would have no impact on school funding, state reserves, or debt-related payments. To this end, any appropriation for the refundable portion of the tax credit that would be allowed pursuant to legislation by the Legislature would not reduce state obligations set forth in Sections 8, 20, and 21 of Article XVI of the California Constitution. +SEC. 3. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","Existing law establishes the State Department of Education, under the administration of the Superintendent of Public Instruction, and assigns to the department numerous duties relating to the financing, governance, and guidance of the public elementary and secondary schools in this state. +This bill would establish a grant program under the administration of the department for full-time, credentialed teachers, as defined. +The bill would provide that, commencing with the 2017–18 school year, and each school year thereafter, a full-time, credentialed teacher who has completed his or her first school year of full-time teaching as of the end of that school year would receive a grant of $1,000 during the next school year. The bill would provide that, commencing with the 2018–19 school year, and each school year thereafter, a full-time, credentialed teacher who has completed 2 school years of full-time teaching as of the end of that school year would receive a grant of $1,000 during the next school year. The bill would further provide that, commencing with the 2019–20 school year, and each school year thereafter, a full-time, credentialed teacher who has completed 3 school years of full-time teaching as of the end of that school year would receive a grant of $2,500 during the next school year. The bill would also provide that, commencing with the 2020–21 school year, and each school year thereafter, a full-time, credentialed teacher who has completed 4 school years of full-time teaching as of the end of that school year would receive a grant of $2,500 during the next school year. The bill would also provide that, commencing with the 2021–22 school year, and each school year thereafter, a full-time, credentialed teacher who has completed 5 school years of full-time teaching as of the end of that school year would receive a grant of $5,000 during the next school year. The bill would further provide that, commencing with the 2022–23 school year, and each school year thereafter, a full-time credentialed teacher who has completed 6 or more school years of full-time teaching would receive a grant of $5,000 during the next school year. +The bill would specify that a qualifying teacher may receive grants under these provisions in multiple school years, but would prohibit a teacher from receiving more than one grant in a school year under these provisions. +The bill would require the department to submit a report to the Legislature on or before July 1, 2022, on the effectiveness of the grant program. +The Personal Income Tax Law allows various credits against the taxes imposed by that law. +This bill would, for taxable years beginning on or after January 1, 2017, allow a credit under the Personal Income Tax Law in an amount equal to $5,000 to a qualified taxpayer, as defined to include specified full-time teachers. This bill would state the intent of the Legislature to enact legislation to provide that the credit amount in excess of tax liability would be refundable in those years in which an appropriation for that purpose is made by the Legislature and includes findings relating to that appropriation. +This bill would take effect immediately as a tax levy.","An act to add Section +17053 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. +33333.5 to the Education Code, +relating to teachers." +379,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) Short-lived climate pollutants, such as black carbon, fluorinated gases, and methane, are powerful climate forcers that have a dramatic and detrimental effect on air quality, public health, and climate change. +(2) These pollutants create a warming influence on the climate that is many times more potent than that of carbon dioxide. +(3) Short-lived climate pollutants that are toxic air contaminants also are a significant environmental risk factor for premature death. +(4) Reducing emissions of these pollutants can have an immediate beneficial impact on climate change and on public health. +(5) To the extent possible, efforts to reduce emissions of short-lived climate pollutants should focus on areas of the state that are disproportionately affected by poor air quality. +(b) It is the intent of the Legislature to support the adoption of policies that improve organics recycling and innovative, cost effective, and environmentally beneficial uses of biomethane derived from solid waste facilities. +(c) It is intent of the Legislature that the disposal reduction targets established pursuant to Section 39730.6 of the Health and Safety Code shall serve as a statewide average target and not as a minimum requirement for each jurisdiction. +SEC. 2. +Section 39730.5 is added to the Health and Safety Code, to read: +39730.5. +(a) No later than January 1, 2018, the state board shall approve and begin implementing the comprehensive short-lived climate pollutant strategy developed pursuant to Section 39730 to achieve a reduction in the statewide emissions of methane by 40 percent, hydrofluorocarbon gases by 40 percent, and anthropogenic black carbon by 50 percent below 2013 levels by 2030. +(b) Prior to approving the short-lived climate pollutant strategy pursuant to subdivision (a), the state board shall do all of the following: +(1) Coordinate with other state and local agencies and districts to develop measures identified as part of the strategy. +(2) Provide a forum for public engagement by holding at least three public hearings in geographically diverse locations throughout the state. +(3) Evaluate the best-available scientific, technological, and economic information to ensure that the strategy is cost effective and technologically feasible. +(4) Incorporate and prioritize, as appropriate, measures and actions that provide the following cobenefits: +(A) Job growth and local economic benefits in the state. +(B) Public health benefits. +(C) Potential for new innovation in technology, energy, and resource management practices. +(c) The state board shall publicly notice the strategy described in subdivision (a) and post a copy of that strategy on the state board’s Internet Web site at least one month prior to the state board approving the strategy pursuant to subdivision (a). +SEC. 3. +Section 39730.6 is added to the Health and Safety Code, to read: +39730.6. +(a) Consistent with Section 39730.5, methane emissions reduction goals shall include the following targets to reduce the landfill disposal of organics: +(1) A 50-percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020. +(2) A 75-percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. +(b) Except as provided in this section and Section 42652.5 of the Public Resources Code, the state board shall not adopt, prior to January 1, 2025, requirements to control methane emissions associated with the disposal of organic waste in landfills other than through landfill methane emissions control regulations. +SEC. 4. +Section 39730.7 is added to the Health and Safety Code, to read: +39730.7. +(a) For purposes of this section, the following terms have the following meanings: +(1) “Department” means the Department of Food and Agriculture. +(2) “Commission” means the Public Utilities Commission. +(3) “Energy commission” means the State Energy Resources Conservation and Development Commission. +(4) “Strategy” means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730. +(b) (1) The state board, in consultation with the department, shall adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with this section and the strategy, by up to 40 percent below the dairy sector’s and livestock sector’s 2013 levels by 2030. +(2) Prior to adopting regulations pursuant to paragraph (1), the state board shall do all of the following: +(A) Work with stakeholders to identify and address technical, market, regulatory, and other challenges and barriers to the development of dairy methane emissions reduction projects. The group of stakeholders shall include a broad range of stakeholders involved in the development of dairy methane reduction projects, including, but not limited to, project developers, dairy and livestock industry representatives, state and local permitting agencies, energy agency representatives, compost producers with experience composting dairy manure, environmental and conservation stakeholders, public health experts, and others with demonstrated expertise relevant to the success of dairy methane emissions reduction efforts. +(B) Provide a forum for public engagement by holding at least three public meetings in geographically diverse locations throughout the state where dairy operations and livestock operations are present. +(C) In consultation with the department, do both of the following: +(i) Conduct or consider livestock and dairy operation research on dairy methane emissions reduction projects, including, but not limited to, scrape manure management systems, solids separation systems, and enteric fermentation. +(ii) Consider developing and adopting methane emissions reduction protocols. +(3) The state board shall make available to the public by posting on its Internet Web site a report on the progress made in implementing paragraph (2). Pursuant to Section 9795 of the Government Code, the state board shall notify the Legislature of the report. +(4) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the regulations adopted pursuant to paragraph (1) shall be implemented on or after January 1, 2024, if the state board, in consultation with the department, determines all of the following: +(A) The regulations are technologically feasible. +(B) The regulations are economically feasible considering milk and live cattle prices and the commitment of state, federal, and private funding, among other things, and that markets exist for the products generated by dairy manure management and livestock manure management methane emissions reduction projects, including composting, biomethane, and other products. The analysis shall include consideration of both of the following: +(i) Electrical interconnection of onsite electrical generation facilities using biomethane. +(ii) Access to common carrier pipelines available for the injection of digester biomethane. +(C) The regulations are cost effective. +(D) The regulations include provisions to minimize and mitigate potential leakage to other states or countries, as appropriate. +(E) The regulations include an evaluation of the achievements made by incentive-based programs. +(c) No later than July 1, 2020, the state board, in consultation with the department, shall analyze the progress the dairy and livestock sector has made in achieving the goals identified in the strategy and specified in paragraph (1) of subdivision (b). The analysis shall determine if sufficient progress has been made to overcome technical and market barriers, as identified in the strategy. If the analysis determines that progress has not been made in meeting the targets due to insufficient funding or technical or market barriers, the state board, in consultation with the department and upon consultation with stakeholders, may reduce the goal in the strategy for the dairy and livestock sectors, as identified pursuant to paragraph (1). +(d) (1) (A) No later than January 1, 2018, the state board, in consultation with the commission and the energy commission, shall establish energy infrastructure development and procurement policies needed to encourage dairy biomethane projects to meet the goal identified pursuant to paragraph (1) of subdivision (b). +(B) The state board shall develop a pilot financial mechanism to reduce the economic uncertainty associated with the value of environmental credits, including credits pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) from dairy-related projects producing low-carbon transportation fuels. The state board shall make recommendations to the Legislature for expanding this mechanism to other sources of biogas. +(2) No later than January 1, 2018, the commission, in consultation with the state board and the department, shall direct gas corporations to implement not less than five dairy biomethane pilot projects to demonstrate interconnection to the common carrier pipeline system. For the purposes of these pilot projects, gas corporations may recover in rates the reasonable cost of pipeline infrastructure developed pursuant to the pilot projects. +(e) No later than January 1, 2018, the state board shall provide guidance on credits generated pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) and the market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5 from the methane reduction protocols described in the strategy and shall ensure that projects developed before the implementation of regulations adopted pursuant to subdivision (b) receive credit for at least 10 years. Projects shall be eligible for an extension of credits after the first 10 years to the extent allowed by regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)). +(f) Enteric emissions reductions shall be achieved only through incentive-based mechanisms until the state board, in consultation with the department, determines that a cost-effective, considering the impact on animal productivity, and scientifically proven method of reducing enteric emissions is available and that adoption of the enteric emissions reduction method would not damage animal health, public health, or consumer acceptance. Voluntary enteric emissions reductions may be used toward satisfying the goals of this chapter. +(g) Except as provided in this section, the state board shall not adopt methane emissions reduction regulations controlling the emissions of methane from dairy operations or livestock operations to achieve the 2020 and 2030 greenhouse gas emissions reduction goals established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)). +(h) Nothing in this section shall limit the authority of the state board to acquire planning and baseline information, including requiring the monitoring and reporting of emissions. +(i) This section does not in any way affect the state board’s or districts’ authority to regulate emissions of criteria pollutants, toxic air contaminants, or other pollutants pursuant to other provisions of this division. +SEC. 5. +Section 39730.8 is added to the Health and Safety Code, to read: +39730.8. +(a) For purposes of this section, the following terms have the following meanings: +(1) “Commission” means the Public Utilities Commission. +(2) “Energy commission” means the State Energy Resources Conservation and Development Commission. +(3) “Strategy” means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730. +(b) The energy commission, in consultation with the state board and the commission, shall develop recommendations for the development and use of renewable gas, including biomethane and biogas, as a part of its 2017 Integrated Energy Policy Report prepared pursuant to Section 25302 of the Public Resources Code. In developing the recommendations, the energy commission shall identify cost-effective strategies that are consistent with existing state policies and climate change goals by considering priority end uses of renewable gas, including biomethane and biogas, and their interactions with state policies, including biomethane and all of the following: +(1) The Renewables Portfolio Standard program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). +(2) The Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations). +(3) Waste diversion goals established pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code. +(4) The market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5. +(5) The strategy. +(c) Based on the recommendations developed pursuant to subdivision (b), and to meet the state’s climate change, renewable energy, low-carbon fuel, and short-lived climate pollutants goals, including black carbon, landfill diversion, and dairy methane targets identified in the strategy, state agencies shall consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas, including biomethane and biogas. +(d) Based on the recommendations developed pursuant to subdivision (b), the commission, in consultation with the energy commission and the state board, shall consider additional policies to support the development and use in the state of renewable gas, including biomethane and biogas, that reduce short-lived climate pollutants in the state. +(e) In implementing this section, priority shall be given to fuels with the greatest greenhouse gas emissions benefits, including the consideration of carbon intensity and reduction in short-lived climate pollutants, as appropriate. +SEC. 6. +Chapter 13.1 (commencing with Section 42652) is added to Part 3 of Division 30 of the Public Resources Code, to read: +CHAPTER 13.1. Short-Lived Climate Pollutants +42652. +The Legislature finds and declares all of the following: +(a) The organic disposal reduction targets are essential to achieving the statewide recycling goal identified in Section 41780.01. +(b) Achieving organic waste disposal reduction targets requires significant investment to develop organics recycling capacity. +(c) More robust state and local funding mechanisms are needed to support the expansion of organics recycling capacity. +42652.5. +(a) The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following: +(1) May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance. +(2) Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025. +(3) Shall not establish a numeric organic waste disposal limit for individual landfills. +(4) May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a jurisdiction. +(5) May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850. +(6) Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations. +(b) A local jurisdiction may charge and collect fees to recover the local jurisdiction’s costs incurred in complying with the regulations adopted pursuant to this section. +42653. +(a) No later than July 1, 2020, the department, in consultation with the State Air Resources Board, shall analyze the progress that the waste sector, state government, and local governments have made in achieving the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The analysis shall include all of the following: +(1) The status of new organics recycling infrastructure development, including the commitment of state funding and appropriate rate increases for solid waste and recycling services to support infrastructure expansion. +(2) The progress in reducing regulatory barriers to the siting of organics recycling facilities and the timing and effectiveness of policies that will facilitate the permitting of organics recycling infrastructure. +(3) The status of markets for the products generated by organics recycling facilities, including cost-effective electrical interconnection and common carrier pipeline injection of digester biomethane and the status of markets for compost, biomethane, and other products from the recycling of organic waste. +(b) If the department determines that significant progress has not been made on the items analyzed pursuant to subdivision (a), the department may include incentives or additional requirements in the regulations described in Section 42652 to facilitate progress towards achieving the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department may, upon consultation with stakeholders, recommend to the Legislature revisions to those organic waste reduction goals. +42654. +This chapter shall not limit the authority of a local jurisdiction to adopt, implement, or enforce requirements in addition to those set forth in the regulations adopted pursuant to this chapter. +SEC. 7. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","(1) The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. The state board is also required to complete a comprehensive strategy to reduce emissions of short-lived climate pollutants, as defined, in the state. +This bill would require the state board, no later than January 1, 2018, to approve and begin implementing that comprehensive strategy to reduce emissions of short-lived climate pollutants to achieve a reduction in methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030, as specified. The bill also would establish specified targets for reducing organic waste in landfills. +This bill would require the state board, in consultation with the Department of Food and Agriculture, to adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, as specified. The bill would require the state board to take certain actions prior to adopting those regulations. This bill would require the regulations to take effect on or after January 1, 2024, if the state board, in consultation with the department, makes certain determinations. +This bill would require the state board, the Public Utilities Commission, and the State Energy Resources Conservation and Development Commission to undertake various actions related to reducing short-lived climate pollutants in the state. The bill would require state agencies to consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas. +(2) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program that requires each county and city and county to prepare and submit to the department a countywide integrated waste management plan. +The bill would require the department, in consultation with the state board, to adopt regulations that achieve the specified targets for reducing organic waste in landfills. The bill would authorize local jurisdictions to charge and collect fees to recover the local jurisdiction’s costs incurred in complying with the regulations. The bill would require, no later than July 1, 2020, the department, in consultation with the state board, to analyze the progress that the waste sector, state government, and local governments have made in achieving the specified targets for reducing organic waste in landfills. The bill would authorize the department, depending on the outcome of that analysis, to amend the regulations to include incentives or additional requirements, as specified. By adding to the duties of local governments related to organic waste in landfills, this bill would impose a state-mandated local program. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and to add Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, relating to methane emissions." +380,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares the following: +(1) According to a national study, false confessions extracted during police questioning of suspects have been identified as a leading cause of a wrongful conviction. Although threats and coercion sometimes lead innocent people to confess, even the most standardized interrogations can result in a false confession or admission. Mentally ill or mentally disabled persons are particularly vulnerable, and some confess to crimes because they want to please authority figures or to protect another person. Additionally, innocent people may come to believe that they will receive a harsher sentence, or even the death penalty, unless they confess to the alleged crime. +(2) Three injustices result from false confessions. First, a false confession can result in an innocent person being incarcerated. Second, when an innocent person is incarcerated, the criminal investigations end and the real perpetrator remains free to commit similar or potentially worse crimes. Third, victims’ families are subjected to double the trauma: the loss of, or injury occurring to, a loved one and the guilt over the conviction of an innocent person. Mandating electronic recording of custodial interrogations of both adults and juveniles will improve criminal investigation techniques, reduce the likelihood of wrongful convictions, and further the cause of justice in California. +(3) Evidence of a defendant’s alleged statement or confession is one of the most significant pieces of evidence in any criminal trial. Although confessions and admissions are the most accurate evidence used to solve countless crimes, they can also lead to wrongful convictions. When there is a complete recording of the entire interrogation that produced such a statement or confession, the factfinder can evaluate its precise contents and any alleged coercive influences that may have produced it. +(b) For these reasons, it is the intent of the Legislature to require electronic recording of custodial interrogations of both adults and juveniles. Recording interrogations decreases wrongful convictions based on false confessions and enhances public confidence in the criminal justice process. Properly recorded interrogations provide the best evidence of the communications that occurred during an interrogation, prevent disputes about how an officer conducted himself or herself or treated a suspect during the course of an interrogation, prevent a defendant from lying about the account of events he or she originally provided to law enforcement, and spare judges and jurors the time necessary and the need to assess which account of an interrogation to believe. +SEC. 2. +Section 859.5 of the Penal Code is amended to read: +859.5. +(a) Except as otherwise provided in this section, a custodial interrogation of any person, including an adult or a minor, who is in a fixed place of detention, and suspected of committing murder, as listed in Section 187 or 189 of this code, or paragraph (1) of subdivision (b) of Section 707 of the Welfare and Institutions Code, shall be electronically recorded in its entirety. A statement that is electronically recorded as required pursuant to this section creates a rebuttable presumption that the electronically recorded statement was, in fact, given and was accurately recorded by the prosecution’s witnesses, provided that the electronic recording was made of the custodial interrogation in its entirety and the statement is otherwise admissible. +(b) The requirement for the electronic recordation of a custodial interrogation pursuant to this section shall not apply under any of the following circumstances: +(1) Electronic recording is not feasible because of exigent circumstances. An explanation of the exigent circumstances shall be documented in the police report. +(2) The person to be interrogated states that he or she will speak to a law enforcement officer only if the interrogation is not electronically recorded. If feasible, that statement shall be electronically recorded. The requirement also does not apply if the person being interrogated indicates during interrogation that he or she will not participate in further interrogation unless electronic recording ceases. If the person being interrogated refuses to record any statement, the officer shall document that refusal in writing. +(3) The custodial interrogation occurred in another jurisdiction and was conducted by law enforcement officers of that jurisdiction in compliance with the law of that jurisdiction, unless the interrogation was conducted with intent to avoid the requirements of this section. +(4) The interrogation occurs when no law enforcement officer conducting the interrogation has knowledge of facts and circumstances that would lead an officer to reasonably believe that the individual being interrogated may have committed murder for which this section requires that a custodial interrogation be recorded. If during a custodial interrogation, the individual reveals facts and circumstances giving a law enforcement officer conducting the interrogation reason to believe that murder has been committed, continued custodial interrogation concerning that offense shall be electronically recorded pursuant to this section. +(5) A law enforcement officer conducting the interrogation or the officer’s superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. An explanation of the circumstances shall be documented in the police report. +(6) The failure to create an electronic recording of the entire custodial interrogation was the result of a malfunction of the recording device, despite reasonable maintenance of the equipment, and timely repair or replacement was not feasible. +(7) The questions presented to a person by law enforcement personnel and the person’s responsive statements were part of a routine processing or booking of that person. Electronic recording is not required for spontaneous statements made in response to questions asked during the routine processing of the arrest of the person. +(8) The interrogation of a person who is in custody on a charge of a violation of Section 187 or 189 of this code or paragraph (1) of subdivision (b) of Section 707 of the Welfare and Institutions Code if the interrogation is not related to any of these offenses. If, during the interrogation, any information concerning one of these offenses is raised or mentioned, continued custodial interrogation concerning that offense shall be electronically recorded pursuant to this section. +(c) If the prosecution relies on an exception in subdivision (b) to justify a failure to make an electronic recording of a custodial interrogation, the prosecution shall show by clear and convincing evidence that the exception applies. +(d) A person’s statements that were not electronically recorded pursuant to this section may be admitted into evidence in a criminal proceeding or in a juvenile court proceeding, as applicable, if the court finds that all of the following apply: +(1) The statements are admissible under applicable rules of evidence. +(2) The prosecution has proven by clear and convincing evidence that the statements were made voluntarily. +(3) Law enforcement personnel made a contemporaneous audio or audio and visual recording of the reason for not making an electronic recording of the statements. This provision does not apply if it was not feasible for law enforcement personnel to make that recording. +(4) The prosecution has proven by clear and convincing evidence that one or more of the circumstances described in subdivision (b) existed at the time of the custodial interrogation. +(e) Unless the court finds that an exception in subdivision (b) applies, all of the following remedies shall be granted as relief for noncompliance: +(1) Failure to comply with any of the requirements of this section shall be considered by the court in adjudicating motions to suppress a statement of a defendant made during or after a custodial interrogation. +(2) Failure to comply with any of the requirements of this section shall be admissible in support of claims that a defendant’s statement was involuntary or is unreliable, provided the evidence is otherwise admissible. +(3) If the court finds that a defendant was subject to a custodial interrogation in violation of subdivision (a), the court shall provide the jury with an instruction, to be developed by the Judicial Council, that advises the jury to view with caution the statements made in that custodial interrogation. +(f) The interrogating entity shall maintain the original or an exact copy of an electronic recording made of a custodial interrogation until a conviction for any offense relating to the interrogation is final and all direct and habeas corpus appeals are exhausted or the prosecution for that offense is barred by law or, in a juvenile court proceeding, as otherwise provided in subdivision (b) of Section 626.8 of the Welfare and Institutions Code. The interrogating entity may make one or more true, accurate, and complete copies of the electronic recording in a different format. +(g) For the purposes of this section, the following terms have the following meanings: +(1) “Custodial interrogation” means any interrogation in a fixed place of detention involving a law enforcement officer’s questioning that is reasonably likely to elicit incriminating responses, and in which a reasonable person in the subject’s position would consider himself or herself to be in custody, beginning when a person should have been advised of his or her constitutional rights, including the right to remain silent, the right to have counsel present during any interrogation, and the right to have counsel appointed if the person is unable to afford counsel, and ending when the questioning has completely finished. +(2) (A) For the purposes of the custodial interrogation of a minor, pursuant to subdivision (a) or (b), “electronically recorded,” “electronic recordation,” and “electronic recording” refer to a video recording that accurately records a custodial interrogation. +(B) For the purposes of the custodial interrogation of an adult, pursuant to subdivision (a) or (b), “electronically recorded,” “electronic recordation,” and “electronic recording” refer to a video or audio recording that accurately records a custodial interrogation. The Legislature encourages law enforcement agencies to use video recording when available. +(3) “Fixed place of detention” means a fixed location under the control of a law enforcement agency where an individual is held in detention in connection with a criminal offense that has been, or may be, filed against that person, including a jail, police or sheriff’s station, holding cell, correctional or detention facility, juvenile hall, or a facility of the Division of Juvenile Facilities. +(4) “Law enforcement officer” means a person employed by a law enforcement agency whose duties include enforcing criminal laws or investigating criminal activity, or any other person who is acting at the request or direction of that person. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the electronic recording of the entire custodial interrogation of a minor who is in a fixed place of detention, as defined, and who, at the time of the interrogation, is suspected of committing or accused of committing murder. Existing law sets forth various exceptions from this requirement, including if the law enforcement officer conducting the interrogation or his or her superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. Existing law requires the prosecution to show by clear and convincing evidence that an exception applies to justify the failure to make that electronic recording. Existing law requires the interrogating entity to maintain the original or an exact copy of an electronic recording made of the interrogation until the final conclusion of the proceedings, as specified. Existing law additionally requires the court to provide jury instructions developed by the Judicial Council if the court finds that a defendant was subjected to a custodial interrogation in violation of the above-mentioned provisions. +This bill would make this electronic recording requirement applicable to the custodial interrogation of any person suspected of committing murder. By imposing new requirements on local law enforcement, this bill would impose a state-mandated local program. The bill would exempt from the electronic recording requirement the interrogation of a person who is in custody on a charge of murder if the interrogation is not related to the commission of murder, as specified. +Existing law defines “electronic recording” for these provisions as a video recording that accurately records a custodial interrogation. +This bill would specify that the above definition applies only to the custodial interrogation of a minor. The bill would expand the definition to include a video or audio recording in the case of the custodial interrogation of an adult and would express the Legislature’s encouragement that law enforcement agencies use video recording when available. +This bill would make technical, nonsubstantive changes to the above provisions. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 859.5 of the Penal Code, relating to interrogation." +381,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 22962 of the Business and Professions Code is amended to read: +22962. +(a) For purposes of this section, the following terms have the following meanings: +(1) “Self-service display” means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. +(2) “Tobacco paraphernalia” means cigarette papers or wrappers, blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, or other instruments or things designed for the smoking or ingestion of tobacco products. +(3) “Tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. +(4) “Tobacco store” means a retail business that meets all of the following requirements: +(A) Primarily sells tobacco products. +(B) Generates more than 60 percent of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia. +(C) Does not permit any person under +18 +21 +years of age to be present or enter the premises at any time, unless accompanied by the person’s parent or legal guardian, as defined in Section 6903 of the Family Code. +(D) Does not sell alcoholic beverages or food for consumption on the premises. +(b) (1) (A) Except as permitted in subdivision (b) of Section 22960, it is unlawful for a person engaged in the retail sale of tobacco products to sell, offer for sale, or display for sale any tobacco product or tobacco paraphernalia by self-service display. A person who violates this section is subject to those civil penalties specified in the schedule in subdivision (a) of Section 22958. +(B) A person who violates this section is subject to those civil penalties specified in the schedule in subdivision (a) of Section 22958. +(2) It is unlawful for a person engaged in the retail sale of blunt wraps to place or maintain, or to cause to be placed or maintained, any blunt wraps advertising display within two feet of candy, snack, or nonalcoholic beverage displayed inside any store or business. +(3) It is unlawful for any person or business to place or maintain, or cause to be placed or maintained, any blunt wrap advertising display that is less than four feet above the floor. +(c) Subdivision (b) shall not apply to the display in a tobacco store of cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco, provided that in the case of cigars they are generally not sold or offered for sale in a sealed package of the manufacturer or importer containing less than six cigars. In any enforcement action brought pursuant to this division, the retail business that displays any of the items described in this subdivision in a self-service display shall have the burden of proving that it qualifies for the exemption established in this subdivision. +(d) The Attorney General, a city attorney, a county counsel, or a district attorney may bring a civil action to enforce this section. +(e) This section does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to tobacco products than the restrictions imposed by this section. To the extent that there is an inconsistency between this section and a local standard that imposes greater restrictions on the access to tobacco products, the greater restriction on the access to tobacco products in the local standard shall prevail. +SECTION 1. +SEC. 2. +Section 22971 of the Business and Professions Code is amended to read: +22971. +For purposes of this division, the following terms shall have the following meanings: +(a) “Board” means the State Board of Equalization. +(b) “Brand family” has the same meaning as that term is defined in paragraph (2) of subdivision (a) of Section 30165.1 of the Revenue and Taxation Code. +(c) “Cigarette” means a cigarette as defined in Section 30003 of the Revenue and Taxation Code. +(d) (1) “Control” or “controlling” means possession, direct or indirect, of the power: +(A) To vote 25 percent or more of any class of the voting securities issued by a person. +(B) To direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, other than a commercial contract for goods or nonmanagement services, or as otherwise provided; however, no individual shall be deemed to control a person solely on account of being a director, officer, or employee of that person. +(2) For purposes of subparagraph (B) of paragraph (1), a person who, directly or indirectly, owns, controls, holds, with the power to vote, or holds proxies representing 10 percent or more of the then outstanding voting securities issued by another person, is presumed to control that other person. +(3) For purposes of this division, the board may determine whether a person in fact controls another person. +(e) “Display for sale” means the placement of cigarettes or tobacco products in a vending machine or in retail stock for the purpose of selling or gifting the cigarettes or tobacco products. For purposes of this definition, the clear and easily visible display of cigarettes or tobacco products shall create a rebuttable presumption that either were displayed for sale. +(f) “Distributor” means a distributor as defined in Section 30011 of the Revenue and Taxation Code. +(g) “Gifting” means any transfer of title or possession without consideration, exchange, or barter, in any manner or by any means, of cigarettes or tobacco products that have been purchased for resale under a license issued pursuant to this division if the transfer occurs while the license is suspended or after the effective date of its revocation. +(h) “Importer” means an importer as defined in Section 30019 of the Revenue and Taxation Code. +(i) “Law enforcement agency” means a sheriff, a police department, or a city, county, or city and county agency or department designated by the governing body of that agency to enforce this chapter or to enforce local smoking and tobacco ordinances and regulations. +(j) “License” means a license issued by the board pursuant to this division. +(k) “Licensee” means any person holding a license issued by the board pursuant to this division. +(l) “Manufacturer” means a manufacturer of cigarettes or tobacco products sold in this state. +(m) “Notice” or “notification” means, unless as otherwise provided, the written notice or notification provided to a licensee by the board by either actual delivery to the licensee or by first-class mail addressed to the licensee at the address on the license. +(n) “Package of cigarettes” means a package as defined in Section 30015 of the Revenue and Taxation Code. +(o) “Person” means a person as defined in Section 30010 of the Revenue and Taxation Code. +(p) “Retailer” means a person who engages in this state in the sale of cigarettes or tobacco products directly to the public from a retail location. Retailer includes a person who operates vending machines from which cigarettes or tobacco products are sold in this state. +(q) “Retail location” means both of the following: +(1) Any building from which cigarettes or tobacco products are sold at retail. +(2) A vending machine. +(r) “Sale” or “sold” means a sale as defined in Section 30006 of the Revenue and Taxation Code. +(s) “Tobacco products” means tobacco products as defined in +subdivision (d) of Section 22950.5 and +subdivision (b) of Section 30121 and subdivision (b) of Section 30131.1 of the Revenue and Taxation Code. +(t) “Unstamped package of cigarettes” means a package of cigarettes that does not bear a tax stamp as required under Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, including a package of cigarettes that bears a tax stamp of another state or taxing jurisdiction, a package of cigarettes that bears a counterfeit tax stamp, or a stamped or unstamped package of cigarettes that is marked “Not for sale in the United States.” +(u) “Wholesaler” means a wholesaler as defined in Section 30016 of the Revenue and Taxation Code. +(v) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. +SEC. 2. +SEC. 3. +Section 22971 is added to the Business and Professions Code, to read: +22971. +(a) For purposes of this division, the following terms shall have the following meanings: +(1) “Board” means the State Board of Equalization. +(2) “Brand family” has the same meaning as that term is defined in paragraph (2) of subdivision (a) of Section 30165.1 of the Revenue and Taxation Code. +(3) “Cigarette” means a cigarette as defined in Section 30003 of the Revenue and Taxation Code. +(4) (A)   “Control” or “controlling” means possession, direct or indirect, of the power: +(i) To vote 25 percent or more of any class of the voting securities issued by a person. +(ii) To direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, other than a commercial contract for goods or nonmanagement services, or as otherwise provided; however, no individual shall be deemed to control a person solely on account of being a director, officer, or employee of that person. +(B) For purposes of clause (ii) of subparagraph (A), a person who, directly or indirectly, owns, controls, holds, with the power to vote, or holds proxies representing 10 percent or more of the then outstanding voting securities issued by another person, is presumed to control that other person. +(C) For purposes of this division, the board may determine whether a person in fact controls another person. +(5) “Display for sale” means the placement of cigarettes or tobacco products in a vending machine or in retail stock for the purpose of selling or gifting the cigarettes or tobacco products. For purposes of this definition, the clear and easily visible display of cigarettes or tobacco products shall create a rebuttable presumption that either were displayed for sale. +(6) “Distributor” means a distributor as defined in Section 30011 of the Revenue and Taxation Code. +(7) “Gifting” means any transfer of title or possession without consideration, exchange, or barter, in any manner or by any means, of cigarettes or tobacco products that have been purchased for resale under a license issued pursuant to this division if the transfer occurs while the license is suspended or after the effective date of its revocation. +(8) “Importer” means an importer as defined in Section 30019 of the Revenue and Taxation Code. +(9) “Law enforcement agency” means a sheriff, a police department, or a city, county, or city and county agency or department designated by the governing body of that agency to enforce this chapter or to enforce local smoking and tobacco ordinances and regulations. +(10) “License” means a license issued by the board pursuant to this division. +(11) “Licensee” means any person holding a license issued by the board pursuant to this division. +(12) “Manufacturer” means a manufacturer of cigarettes or tobacco products sold in this state. +(13) “Notice” or “notification” means, unless as otherwise provided, the written notice or notification provided to a licensee by the board by either actual delivery to the licensee or by first-class mail addressed to the licensee at the address on the license. +(14) “Package of cigarettes” means a package as defined in Section 30015 of the Revenue and Taxation Code. +(15) “Person” means a person as defined in Section 30010 of the Revenue and Taxation Code. +(16) “Retailer” means a person who engages in this state in the sale of cigarettes or tobacco products directly to the public from a retail location. Retailer includes a person who operates vending machines from which cigarettes or tobacco products are sold in this state. +(17) “Retail location” means a tobacco store as defined in Section 22962. +(18) “Sale” or “sold” means a sale as defined in Section 30006 of the Revenue and Taxation Code. +(19) “Tobacco products” means tobacco products as defined in +subdivision (d) of Section 22950.5 and +subdivision (b) of Section 30121 and subdivision (b) of Section 30131.1 of the Revenue and Taxation Code. +(20) “Unstamped package of cigarettes” means a package of cigarettes that does not bear a tax stamp as required under Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, including a package of cigarettes that bears a tax stamp of another state or taxing jurisdiction, a package of cigarettes that bears a counterfeit tax stamp, or a stamped or unstamped package of cigarettes that is marked “Not for sale in the United States.” +(21) “Wholesaler” means a wholesaler as defined in Section 30016 of the Revenue and Taxation Code. +(b) This section shall become operative on January 1, 2019. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, imposes civil penalties for a person engaged in the retail sale of tobacco products who sells, offers for sale, or displays for sale any tobacco product or tobacco paraphernalia by self-service display, except as specified. Existing law makes these penalties inapplicable to the display in a tobacco store of cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco, as provided, and defines “tobacco store” to mean a retail business that meets specified requirements, including that it does not permit any person under 18 years of age to be present or enter the premises at any time, unless accompanied by the person’s parent or legal guardian. +This bill would revise the definition of “tobacco store” by raising the age of persons not permitted to be present or enter the premises at any time, unless accompanied by the person’s parent or legal guardian, from 18 to 21 years of age. +Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, requires a retailer to obtain a license from the State Board of Equalization to engage in the sale of cigarettes and tobacco products in this state and defines a retailer as a person who engages in this state in the sale of cigarettes or tobacco products directly to the public from a retail location. The act defines a “retail location” as both any building from which cigarettes or tobacco products are sold at retail and a vending machine. +The act also defines “tobacco products” to include, but not be limited to, all forms of cigars, smoking tobacco, chewing tobacco, snuff, and any other articles or products made of, or containing at least 50% +, tobacco, but does not include cigarettes. A violation of these provisions is a crime. +This bill +would, +would expand the definition of “tobacco products” to include a product containing, made, or derived from tobacco or nicotine, as specified, an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, and any component, part, or accessory of a tobacco product. The bill would, +beginning January 1, 2019, revise the definition of a “retail location” to mean a tobacco store that is a retail business that, among other things, generates more than 60% of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia. +By expanding the definition of a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to +amend Section 22962 of, and to +amend, repeal, and add Section 22971 +of +of, +the Business and Professions Code, relating to cigarette and tobacco products." +382,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 54.27 is added to the Civil Code, to read: +54.27. +(a) An attorney who provides a prelitigation letter to an education entity shall do both of the following: +(1) Include the attorney’s State Bar license number in the prelitigation letter. +(2) Within five business days of providing the prelitigation letter, send a copy of the prelitigation letter to the California Commission on Disability Access. +(b) An attorney who sends or serves a complaint against an education entity shall do both of the following: +(1) Send a copy of the complaint and submit information about the complaint in a standard format specified by the California Commission on Disability Access to the commission within five business days of sending or serving the complaint. +(2) Notify the California Commission on Disability Access within five business days of judgment, settlement, or dismissal of the claim or claims alleged in the complaint of the following information in a standard format specified by the commission: +(A) The date of the judgment, settlement, or dismissal. +(B) Whether or not the construction-related accessibility violations alleged in the complaint were remedied in whole or in part after the plaintiff filed a complaint. +(C) If the construction-related accessibility violations alleged in the complaint were not remedied in whole or in part after the plaintiff filed a complaint, whether or not another favorable result was achieved after the plaintiff filed the complaint. +(c) A violation of paragraph (2) of subdivision (a) or subdivision (b) shall constitute cause for the imposition of discipline of an attorney if a copy of the prelitigation letter, complaint, or notification of a case outcome is not sent to the California Commission on Disability Access within five business days. In the event the State Bar receives information indicating that an attorney has failed to send a copy of the prelitigation letter, complaint, or notification of a case outcome to the California Commission on Disability Access within five business days, the State Bar shall investigate to determine whether paragraph (2) of subdivision (a) or subdivision (b) has been violated. +(d) Notwithstanding subdivisions (a) and (b), an attorney is not required to send to the California Commission on Disability Access a copy of any subsequent prelitigation letter or amended complaint in the same dispute following the initial prelitigation letter or complaint, unless that subsequent prelitigation letter or amended complaint alleges a new construction-related accessibility claim. +(e) A prelitigation letter or notification of a case outcome sent to the California Commission on Disability Access shall be for the informational purposes of Section 8299.08 of the Government Code. +(f) The California Commission on Disability Access shall review and report on the prelitigation letters, complaints, and notifications of case outcomes it receives in the same manner as provided in Section 8299.08 of the Government Code. +(g) Paragraph (2) of subdivision (a) and subdivision (b) shall not apply to a prelitigation letter or complaint sent or filed by an attorney employed or retained by a qualified legal services project or a qualified support center, as defined in Section 6213 of the Business and Professions Code, when acting within the scope of employment in asserting a construction-related accessibility claim. The Legislature finds and declares that qualified legal services projects and support centers are extensively regulated by the State Bar of California, and that there is no evidence of any abusive use of demand letters or complaints by these organizations. The Legislature further finds that, in light of the evidence of the extraordinarily small number of construction-related accessibility cases brought by regulated legal services programs, and given the resources of those programs, exempting regulated legal services programs from the requirements of this section to report to the California Commission on Disability Access will not affect the purpose of the reporting to, and tabulation by, the commission of all other construction-related accessibility claims. +(h) Nothing in this section applies to a claim for money or damages against a public entity governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code or makes the requirements of this section applicable to such a claim. +(i) For purposes of this section, the following terms have the following meanings: +(1) “Complaint” means a civil complaint that is filed or is to be filed with a court and is sent to or served upon a defendant on the basis of one or more construction-related accessibility claims. +(2) “Construction-related accessibility claim” or “claim” means any claim of a violation of any construction-related accessibility standard, as defined in paragraph (6) of subdivision (a) of Section 55.52, with respect to a public building, public facility, or other public place of an education entity. “Construction-related accessibility claim” does not include a claim of interference with housing within the meaning of paragraph (2) of subdivision (b) of Section 54.1, or any claim of interference caused by something other than the construction-related accessibility condition of the property, including, but not limited to, the conduct of any person. +(3) “Education entity” means the Regents of the University of California, the Trustees of the California State University and the California State University, the California Community Colleges Office of the Chancellor and the California Community Colleges, a K-12 school district, or any local education agency. +(4) “Prelitigation letter” means a prelitigation written document that alleges the site is in violation of one or more construction-related accessibility standards, as defined in paragraph (6) of subdivision (a) of Section 55.52 and is provided to the education entity whether or not the attorney intends to file a complaint, or eventually files a complaint, in state or federal court. A prelitigation letter does not include a claim for money or damages against a local public entity governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. +SEC. 2. +Section 8299.08 of the Government Code is amended to read: +8299.08. +The commission shall compile the following data with respect to any demand letter, prelitigation letter, or complaint sent to the commission pursuant to Section 54.27 or 55.32 of the Civil Code and post the information on its Internet Web site, pursuant to the following: +(a) The commission shall identify the various types of construction-related physical access violations alleged in the demand letters and in the complaints, respectively, and shall tabulate the number of claims alleged for each type of violation in the demand letters and complaints, respectively. For purposes of this subdivision, any demand for money letters shall be grouped as demand letters. +(b) Periodically, but not less than every six months beginning July 31, 2013, the commission shall post on its Internet Web site a list, by type, of the 10 most frequent types of accessibility violations alleged in the demand letters and in the complaints, respectively, and the numbers of alleged violations for each listed type of violation for the prior two quarters. +(c) The commission shall, on a quarterly basis, identify and tabulate the number of demand letters and complaints received by the commission. The commission shall further ascertain whether a complaint was filed in state or federal court and tabulate the number of complaints filed in state or federal court, respectively. This data shall be posted on the commission’s Internet Web site periodically, but not less than every six months beginning July 31, 2013. +(d) Commencing in 2014, and notwithstanding Section 10231.5, the commission shall make an annual report to the Legislature and the Chairs of the Senate and Assembly Committees on Judiciary by January 31 of each year of the tabulated data for the preceding calendar year as set forth in subdivisions (a) to (c), inclusive. A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.","Existing law provides that individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, including hospitals, clinics, and physicians’ offices, public facilities, and other public places. Existing law requires an attorney who provides a demand letter or sends or serves a complaint containing a claim of a violation of any construction-related accessibility standard, as defined, with respect to a place of public accommodation, to send a copy of the demand letter or complaint to the California Commission on Disability Access within 5 business days of providing the demand letter or sending or serving the complaint. Existing law further requires an attorney who sends or serves that complaint to notify the commission of judgment, settlement, or dismissal of the claim or claims alleged in the complaint and other specified information within 5 business days of the judgment, settlement, or dismissal. +This bill, with specified exceptions, would also require an attorney who provides a prelitigation letter or sends or serves a complaint alleging a construction-related accessibility claim, as defined, against an education entity, as defined, to send a copy of the prelitigation letter or complaint to the commission within 5 business days of providing the prelitigation letter or sending or serving the complaint, would require the attorney to also submit information about the complaint with the copy of the complaint, and would further require the attorney to submit the notification of judgment, settlement, or dismissal to the commission, as described above. The bill would subject an attorney who fails to comply with these requirements to discipline and would require the commission to review and report on the prelitigation letters, complaints, and notifications of case outcomes the commission receives pursuant to these requirements, as specified.","An act to add Section 54.27 to the Civil Code, and to amend Section 8299.08 of the Government Code, relating to disability access." +383,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 89724 of the Education Code is amended to read: +89724. +(a) All money received in accordance with the following shall be appropriated for the support of the California State University in addition to other amounts as may be appropriated by the Legislature: +(1) All money received from the sale of California State University publications. +(2) All money received under an agreement entered into pursuant to Section 89036. +(3) Except as to the fees and charges specified in subdivisions (g) and (h) of Section 89721, all money collected as fees from students of the California State University and received from other persons under Sections 89030, 89036 to 89039, inclusive, 89700, 89705, 89708, 89709, 89720, and 89721, and money received pursuant to Section 2080.8 of the Civil Code. +(b) (1) Money received under Sections 89720 and 89721, or received pursuant to Section 2080.8 of the Civil Code, is appropriated pursuant to subdivision (a) without regard to fiscal year. +(2) Money received pursuant to Section 2080.8 of the Civil Code shall be used for student scholarships and loans pursuant to any regulations the trustees provide. +(3) Money received pursuant to Sections 89720 and 89721 may be invested, upon approval of the trustees, by the Treasurer or by the chief fiscal officer of a campus of the California State University, in those eligible securities listed in Section 16430 of the Government Code. +(4) Money received under Sections 89720 and 89721, and received pursuant to Section 2080.8 of the Civil Code, may be invested, upon approval of the trustees and in accordance with Section 89726, by the chief fiscal officer of a campus of the California State University, in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in United States registered real estate investment trusts. All interest and other earnings received pursuant to the investment of money received pursuant to Sections 89720 and 89721 shall also be used for purposes established by the trustees consistent with the terms and conditions of the gift, bequest, devise, donation, or agreement under Sections 89720 and 89721. +(5) Except as otherwise provided with respect to money received pursuant to Section 2080.8 of the Civil Code and Sections 89720 and 89721, all money received pursuant to this section shall augment the support appropriation to the California State University for the fiscal year to which the collections apply. +(c) All money received from the sale or the disposition of real property acquired by or on behalf of a campus of the California State University by gift, devise, or donation pursuant to Section 89720 or pursuant to the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for the acquisition and improvement of real property for the campus, in addition to any other amounts appropriated by the Legislature. All money received from the sale or other disposition of personal property, other than money, acquired by or on behalf of a campus of the California State University by gift, bequest, or donation pursuant to Section 89720 or the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for, or the acquisition and improvement of real or personal property for, the campus, in addition to other amounts appropriated by the Legislature. No money shall be expended by the trustees under this subdivision without the approval of the Director of Finance. The money shall augment the support or capital outlay appropriation of the California State University current at the date of issuance of the Controller’s receipt as may be designated by the trustees prior to the deposit of that money in the State Treasury. +SEC. 2. +Section 89725 of the Education Code is amended to read: +89725. +(a) Notwithstanding any law to the contrary, grants, revenues, and funds of any nature received by the trustees for research, workshops, conferences, institutes, and special projects from the state, federal government, local government, or private persons, may be transmitted to the Treasurer and, if transmitted, shall be deposited in the California State University Special Projects Fund, which is hereby established in the State Treasury. +(b) All grants, revenues, and funds deposited in the California State University Special Projects Fund are appropriated without regard to fiscal year to the trustees for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University. +(c) Provision shall be made by the trustees for reimbursements to the General Fund for the cost of space and services furnished to projects funded by the California State University Special Projects Fund. +(d) Notwithstanding any law to the contrary, the trustees shall have authority to establish the rules and procedures under which the fund shall operate. All expenditures shall be made in accordance with the rules and procedures, without prior approval of the Department of General Services or the Department of Finance. Expenditures from the fund shall be audited as frequently as the Audits Division of the Department of Finance deems appropriate. +(e) Moneys in the California State University Special Projects Fund may be invested by the Treasurer or by the chief fiscal officer of a campus of the California State University, upon approval of the trustees, only in eligible securities listed in Section 16430 of the Government Code, or, in accordance with Section 89726, in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission or in United States registered real estate investment trusts. All interest or other earnings received pursuant to those investments shall be collected by the Treasurer, and shall be deposited in the fund. +SEC. 3. +Section 89726 is added to the Education Code, to read: +89726. +(a) (1) The trustees may invest in securities or investments not listed in Section 16430 of the Government Code only if the trustees have established a committee to provide advice and expertise on investments. +(2) A majority of the members of the committee shall be individuals who have investment expertise and who are not employees of the California State University. +(3) The trustees shall allow the Treasurer to serve as a member of the committee or to appoint a deputy treasurer to serve as a member of the committee. +(b) The total amount invested in securities or investments not listed in Section 16430 of the Government Code shall not exceed the following amounts: +(1) In the fiscal year ending June 30, 2017, two hundred million dollars ($200,000,000). +(2) In the fiscal year ending June 30, 2018, four hundred million dollars ($400,000,000). +(3) In the fiscal year ending June 30, 2019, six hundred million dollars ($600,000,000). +(4) In the fiscal year ending June 30, 2020, and each fiscal year thereafter, 30 percent of all moneys invested pursuant to Sections 89724 and 89725. +(c) (1) The trustees shall receive an investment performance report quarterly and distribute an annual report to the Legislature, in compliance with Section 9795 of the Government Code, and the Department of Finance. +(2) The investment performance reports shall include investment returns, comparisons to benchmarks, holdings, market values, and fees. +(d) Any additional moneys earned through investments in securities or investments not listed in Section 16430 of the Government Code shall be used only for capital outlay or maintenance, and shall not be used for ongoing operations. +(e) The trustees shall not submit a request to the Department of Finance or the Legislature for any funds to compensate for investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code. +(f) The trustees shall not cite investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code to justify approval of an increase in student tuition or fees. No increase in tuition or reduction in course sections offered shall be adopted because of investment losses sustained as a result of this section.","Existing law authorizes the Treasurer or chief fiscal officer of a campus of the California State University to invest certain money received by the California State University in eligible securities and in investment certificates or withdrawal shares in federal or state credit unions doing business in this state as long as any money invested in this manner is fully insured by the National Credit Union Administration. +This bill would authorize the Treasurer or chief fiscal officer of a campus of the California State University to invest that money in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in United States registered real estate investment trusts. The bill would impose specified requirements on the Trustees of the California State University relating to those types of investments. +Existing law establishes the California State University Special Projects Fund, which consists of grants, revenues, and funds that are appropriated for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University. Existing law authorizes the Treasurer to invest money from the fund in eligible securities. +This bill would authorize the Treasurer or chief fiscal officer of a campus of the California State University to invest the money in the California State University Special Projects Fund in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in United States registered real estate investment trusts. Because the bill would authorize the expenditure of moneys from a continuously appropriated fund for new purposes, it would make an appropriation. +This bill would limit the total amount invested in these mutual funds and real estate investment trusts to specified amounts for each fiscal year, until, commencing with the 2019–20 fiscal year, up to 30% of that money could be invested in these asset categories. The bill would prohibit increases in tuition or reductions in course section offerings from being adopted because of investment losses sustained as a result of these provisions.","An act to amend Sections 89724 and 89725 of, and to add Section 89726 to, the Education Code, relating to the California State University, and making an appropriation therefor." +384,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25402.12 is added to the Public Resources Code, to read: +25402.12. +(a) On or before January 1, 2019, the commission, in consultation with the Contractors’ State License Board, local building officials, and other stakeholders, shall approve a plan that will promote compliance with Part 6 of Title 24 of the California Code of Regulations in the installation of central air-conditioning and heat pumps. +(b) Prior to approving the plan described in subdivision (a), the commission shall do all of the following: +(1) Evaluate the best available technological and economic information to ensure that data collection and its use is feasible and achievable at a reasonable cost to government, industry, and homeowners. +(2) Consider the impact of the plan on all of the following: +(A) Property owners. +(B) The heating, ventilation, and air-conditioning industry, including manufacturers, distributors, and contractors. +(C) Local governments. +(D) Building officials. +(E) The Contractors’ State License Board. +(3) Provide the public with the opportunity to review and comment on the proposed plan. +(c) The commission may adopt regulations to increase compliance with permitting and inspection requirements for central air-conditioning and heat pumps, and associated sales and installations, consistent with the plan approved pursuant to subdivision (a). +SEC. 2. +Section 399.4 of the Public Utilities Code is amended to read: +399.4. +(a) (1) In order to ensure that prudent investments in energy efficiency continue to be made that produce cost-effective energy savings, reduce customer demand, and contribute to the safe and reliable operation of the electrical distribution grid, it is the policy of this state and the intent of the Legislature that the commission shall supervise the administration of cost-effective energy efficiency programs authorized pursuant to its statutory authority, including Sections 381, 381.1, 381.2, 381.5, 382, 384.5, 400, 454.5, 454.55, 454.56, 589, 701.1, 749, and 769, Article 10 (commencing with Section 890) of Chapter 4, and Chapter 6 (commencing with Section 2781) of Part 2. +(2) As used in this section, the term “energy efficiency” includes, but is not limited to, cost-effective activities to achieve peak load reduction that improve end-use efficiency, lower customers’ bills, and reduce system needs. +(b) (1) If a customer or contractor is the recipient of a rebate or incentive offered by a public utility for an energy efficiency improvement or installation of energy efficient components, equipment, or appliances in a building, the public utility shall provide the rebate or incentive only if the customer or contractor certifies that the improvement or installation has complied with any applicable permitting requirements, including any applicable specifications or requirements set forth in the California Building Standards Code (Title 24 of the California Code of Regulations), and, if a contractor performed the installation or improvement, that the contractor holds the appropriate license for the work performed. +(2) In addition to the requirements of paragraph (1), if a customer or contractor is the recipient of a rebate or incentive offered by a public utility for the purchase or installation of central air-conditioning or a heat pump, and their related fans, the public utility shall provide the rebate or incentive only if the customer or contractor provides proof of permit closure. The public utility is not responsible for verifying the proof of permit closure documentation provided by the customer or contractor. +(3) This subdivision does not imply or create authority or responsibility, or expand existing authority or responsibility, of a public utility for the enforcement of the building energy and water efficiency standards adopted pursuant to subdivision (a) or (b) of Section 25402 of the Public Resources Code, or appliance efficiency standards and certification requirements adopted pursuant to subdivision (c) of Section 25402 of the Public Resources Code. +(4) Nothing in this subdivision shall limit the authority of the commission to impose any additional requirements on a recipient of any rebate or incentive. +(c) The commission, in evaluating energy efficiency investments under its statutory authority, shall also ensure that local and regional interests, multifamily dwellings, and energy service industry capabilities are incorporated into program portfolio design and that local governments, community-based organizations, and energy efficiency service providers are encouraged to participate in program implementation where appropriate. +(d) The commission, in a new or existing proceeding, shall review and update its policies governing energy efficiency programs funded by utility customers to facilitate achieving the targets established pursuant to subdivision (c) of Section 25310 of the Public Resources Code. In updating its policies, the commission shall, at a minimum, do all of the following: +(1) Authorize market transformation programs with appropriate levels of funding to achieve deeper energy efficiency savings. +(2) Authorize pay for performance programs that link incentives directly to measured energy savings. As part of pay for performance programs authorized by the commission, customers should be reasonably compensated for developing and implementing an energy efficiency plan, with a portion of their incentive reserved pending post project measurement results. +(3) Authorize programs to achieve deeper savings through operational, behavioral, and retrocommissioning activities. +(4) Ensure that customers have certainty in the values and methodology used to determine energy efficiency incentives by basing the amount of any incentives provided by gas and electrical corporations on the values and methodology contained in the executed customer agreement. Incentive payments shall be based on measured results.","Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) to prescribe, by regulation, building design and construction standards and energy and water conservation design standards for new residential and nonresidential buildings. Existing law requires the Energy Commission to prescribe, by regulation, standards for minimum levels of operating efficiency to promote the use of energy-efficient and water-efficient appliances whose use requires a significant amount of energy or water on a statewide basis. Existing law requires that the minimum levels of operating efficiency be based on feasible and attainable efficiencies or feasible improved efficiencies that will reduce the energy or water consumption growth rates. Existing law prohibits a new appliance manufactured on or after the effective date of the operating efficiency standards to be sold or offered for sale in the state unless it is certified by the manufacturer to be in compliance with those standards. +This bill would require the Energy Commission, by January 1, 2019, to approve a plan that will promote compliance with specified regulations in the installation of central air conditioning and heat pumps. The bill would authorize the Energy Commission to adopt regulations to increase compliance with permitting and inspection requirements for central air conditioning and heat pumps, and associated sales and installations, consistent with that plan. +Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The Reliable Electric Service Investments Act states the intent of the Legislature that the Public Utilities Commission continue to administer cost-effective energy efficiency programs that produce cost-effective energy savings, reduce customer demand, and contribute to the safe and reliable operation of the electrical distribution grid. Under the act, in order to receive a rebate or incentive offered by a public utility for an energy efficiency improvement or for the installation of energy efficient components, equipment, or appliances in buildings, the recipient is required to certify that the improvement or installation complied with any applicable permitting requirements and, if a contractor performed the installation or improvement, that the contractor holds the appropriate license for the work performed. +This bill would limit the application of the above energy efficiency rebate and incentive provisions to customer or contractor recipients. The bill would require a customer or contractor to certify that an energy efficiency improvement or installation complies with any applicable specifications or requirements set forth in the California Building Standards Code in order to receive a rebate or incentive. The bill would require a customer or contractor receiving a rebate or incentive offered by a public utility for purchasing or installing central air conditioning or a heat pump, and their related fans, to additionally provide a proof of permit closure. The bill would also more specifically identify the Public Utility Commission’s statutory authority for supervising cost-effective energy efficiency programs.","An act to add Section 25402.12 to the Public Resources Code, and to amend Section 399.4 of the Public Utilities Code, relating to energy." +385,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 4 (commencing with Section 18735) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: +Article 4. Revive the Salton Sea Fund +18735. +(a) An individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Revive the Salton Sea Fund established by Section 18736. That designation shall be used as a voluntary contribution on the tax return. +(b) The contributions shall be in full dollar amounts and may be made individually by each signatory on a joint return. +(c) A designation under subdivision (a) shall be made for a taxable year on the original return for that taxable year and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made. +(d) (1) The Franchise Tax Board shall revise the form of the return to include a space labeled “Revive the Salton Sea Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to fund all of the following: +(A) Programs to create statewide public awareness and grassroots support for the restoration of the Salton Sea. +(B) Programs to engage the public through promotion and education about the Salton Sea. +(C) Current and future projects identified as necessary for restoration and maintenance of the Salton Sea, including projects identified by the Salton Sea Authority. +(2) Notwithstanding any other law, a voluntary contribution designation for the Revive the Salton Sea Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available, whichever occurs first. +(e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a). +18736. +There is hereby established in the State Treasury the Revive the Salton Sea Fund to receive contributions made pursuant tocal agencies, nonprofit organizations, and projects identified as necessary for the restoration and maintenance of the Salton Sea, including projects identified by the Salton Sea Authority. +(B) Up to 5 percent of the funds to the Natural Resources Agency for development of a mechanism to provide ongoing public awareness through activities that will promote the charitable tax deduction for the fund and seek continued contributions. These activities may include convening a philanthropic roundtable, developing literature for use by city, county, or local agencies and programs, and whatever other activities are deemed necessary and appropriate to promote the fund. +(C) Funds allocated pursuant to this paragraph shall not be used for administrative costs. +(b) Money in the Revive the Salton Sea Fund shall not be used to supplant state General Fund money for any purpose. +18738. +(a) Except as otherwise provided in paragraph (2) of subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the Revive the Salton Sea Fund on the personal income tax return and is repealed as of December 1 of that year. +(b) (1) By September 1 of the second calendar year and each subsequent calendar year that the Revive the Salton Sea Fund appears on the tax return, the Franchise Tax Board shall do all of the following: +(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. +(B) Provide written notification to the Natural Resources Agency of the amount determined in subparagraph (A). +(C) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. +(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. +(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the Revive the Salton Sea Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c). +(c) For each calendar year, beginning with the third calendar year after the first appearance of the Revive the Salton Sea Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows: +(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. +(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.","Existing law authorizes an individual taxpayer to contribute amounts in excess of his or her personal income tax liability for the support of specified funds. Existing law also contains administrative provisions that are generally applicable to voluntary contributions. +This bill would allow an individual to designate on his or her tax return that a specified amount in excess of his or her tax liability be transferred to the Revive the Salton Sea Fund, which would be created by this bill. The bill would prohibit a voluntary contribution designation for the Revive the Salton Sea Fund from being added on the tax return until another voluntary contribution designation is removed or a space is available and would require, once the designation is added, specified information to be on the tax form, including the purposes for which the contribution would be used. +This bill would require money contributed to the fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller for reimbursement of costs, as provided, and to the Natural Resources Agency for distribution of competitive grants to provide funds or supplement funding of the state, county and local agencies, nonprofit organizations, and projects identified as necessary for the restoration and maintenance of the Salton Sea and to develop a mechanism to provide ongoing public awareness, as specified. +The bill would provide that these provisions would remain in effect only until January 1 of the 5th taxable year following the first appearance of the fund on the tax return, but would further provide for an earlier repeal if the Franchise Tax Board determines that the amount of contributions estimated to be received during a calendar year will not equal or exceed the minimum contribution amount, as defined, for that calendar year, in which case these provisions would be repealed on December 1 of that year.","An act to add and repeal Article 4 (commencing with Section 18735) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, relating to the Salton Sea." +386,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) The Legislature and the Governor, through the enactment of the Budget Act of 2015 (Chapter 11 of the Statutes of 2015), expanded Medi-Cal eligibility for children to ensure that no child in California who is income eligible will be denied access to health care coverage on the basis of immigration status. +(2) Expanding access and increasing enrollment in comprehensive health care coverage is of benefit to the health and welfare of all Californians. +(3) Longstanding California law provides full-scope Medi-Cal benefits to United States citizens, lawful permanent residents, and individuals permanently residing in the United States under color of law, including those granted deferred action. +(b) It is the intent of the Legislature in enacting this act to increase opportunities for enrollment in comprehensive health care coverage for adults, regardless of immigration status. +SEC. 2. +Section 14102.1 is added to the Welfare and Institutions Code, to read: +14102.1. +(a) (1) Notwithstanding any other law, an individual 19 years of age or older who meets all of the eligibility requirements for full-scope Medi-Cal benefits under this chapter, but for his or her immigration status, may be enrolled for full-scope Medi-Cal benefits, pursuant to paragraph (2). +(2) When a county completes the Medi-Cal eligibility determination process for an individual 19 years of age or older who meets all of the eligibility requirements for full-scope Medi-Cal benefits under this chapter, but for his or her immigration status, the county shall transmit this information to the department to determine if sufficient funding is available for this individual to receive full-scope Medi-Cal benefits. If sufficient funding is available, the individual shall be eligible for full-scope benefits. If sufficient funding is not available, the individual shall be eligible for limited scope Medi-Cal benefits. +(b) This section shall not apply to individuals eligible for coverage pursuant to Section 14102. +(c) An individual who is eligible for coverage under subdivision (a) shall be required to enroll into Medi-Cal managed care health plans to the extent required of otherwise eligible Medi-Cal recipients who are similarly situated. +(d) An individual who is eligible for coverage under subdivision (a) shall pay copayments and premium contributions to the extent required of otherwise eligible Medi-Cal recipients who are similarly situated. +(e) Benefits for services under this section shall be provided with state-only funds only if federal financial participation is not available for those services. The department shall maximize federal financial participation in implementing this section to the extent allowable. +(f) Eligibility for full-scope Medi-Cal benefits for an individual 19 years of age or older pursuant to subdivision (a) shall not be an entitlement. The department shall have the authority to determine eligibility, determine the number of individuals who may be enrolled, establish limits on the number enrolled, and establish processes for waiting lists needed to maintain program expenditures within available funds. +(g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted. The department shall adopt regulations by July 1, 2018, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing July 1, 2016, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to expand access to health care coverage to every Californian as quickly as possible, it is necessary that this act go into immediate effect. +SECTION 1. +Section 1246.5 of the +Business and Professions Code +is repealed. +SEC. 2. +Section 1246.5 is added to the +Business and Professions Code +, to read: +1246.5. +(a)Notwithstanding any other law, a person may request, and a licensed clinical laboratory or public health laboratory may perform, any laboratory test that the laboratory offers to the public without an order from a healing arts licensee or his or her representative. +(b)If a laboratory test of a person is conducted without an order from a healing arts licensee or his or her representative, the test results shall be provided to the person who was the subject of the test. The test results report shall state in bold type that it is the responsibility of the person who was tested to arrange with his or her health care provider for consultation and interpretation of the test results. +(c)A healing arts licensee is not required to review or act on a laboratory test result if the healing arts licensee or his or her representative did not order the laboratory test. A healing arts licensee is not subject to liability or disciplinary actions for failure to review or act on the results of a laboratory test of any person if the healing arts licensee or his or her representative did not order the laboratory test. +(d)This section does not require that any laboratory test be covered by a health care service plan contract or health insurance policy. +SEC. 3. +Section 1288 of the +Business and Professions Code +is amended to read: +1288. +A report of results issuing from a clinical laboratory shall show clearly the name and address of the laboratory and the name of the director. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. The federal Medicaid program provisions prohibit payment to a state for medical assistance furnished to an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. +This bill would extend eligibility for full-scope Medi-Cal benefits to individuals 19 years of age and older who are otherwise eligible for those benefits but for their immigration status if the department determines that sufficient funding is available, or for limited scope Medi-Cal benefits if funding for full-scope benefits is not available. The bill would require these individuals to enroll into Medi-Cal managed care health plans, and to pay copayments and premium contributions, to the extent required of otherwise eligible Medi-Cal recipients who are similarly situated. The bill would require that benefits for those services to be provided with state-only funds only if federal financial participation is not available. Because counties are required to make Medi-Cal eligibility determinations and this bill would expand Medi-Cal eligibility, the bill would impose a state-mandated local program. +The bill would require the department to adopt regulations by July 1, 2018, and, commencing July 1, 2016, would require the department to provide a status report to the Legislature on a semiannual basis until regulations have been adopted. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +This bill would declare that it is to take effect immediately as an urgency statute. +Existing law provides for the regulation and licensure of clinical laboratories and clinical laboratory personnel by the State Department of Public Health and makes a violation of a provision under this law a misdemeanor. Existing law authorizes a person to request, and a licensed clinical laboratory or public health laboratory to perform specified clinical laboratory tests, including pregnancy, glucose level, cholesterol, and occult blood tests. Existing law authorizes a registered clinical laboratory to perform these tests if the test is subject to a certificate of waiver under the Clinical Laboratory Improvement Amendments of 1988 and the laboratory has registered with the State Department of Public Health. +Existing law authorizes the results of the test to be provided directly to the person requesting the test if the test is on or for his or her own body. Existing law requires that those test results be provided in a manner that presents clear information and that identifies results indicating the need for referral to a physician. +This bill would repeal those provisions and instead allow a person to request, and a licensed clinical laboratory or public health laboratory to perform, any laboratory test that the laboratory offers to the public on a direct access basis without a healing arts licensee’s order. If a laboratory test is conducted without an order from a healing arts licensee, the bill would require any report of the test results to be provided to the person who was the subject of the test. The bill would require the report to state in bold type that it is the responsibility of the person who was tested to arrange with his or her health care provider for consultation and interpretation of the test results. The bill would make additional conforming changes. By changing the definition of an existing crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1288 of, and to repeal and add Section 1246.5 of, the Business and Professions Code, relating to clinical laboratories. +An act to add Section 14102.1 to the Welfare and Institutions Code, relating to Medi-Cal, and declaring the urgency thereof, to take effect immediately." +387,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Improving occupational health and safety in all lines of work is a priority for the State of California, and that focus should extend to child care caregivers. +(b) Child care caregivers are at risk for occupational health and safety risks on the job, including from toxic chemicals, illness, stress, and physical hazards such as lifting and bending. According to the Bureau of Labor Statistics, child care workers have musculoskeletal injury rates comparable to those of industrial truck and tractor operators and construction equipment operators. +(c) The federal Child Care and Development Block Grant Act of 1990 (CCDBG) (42 U.S.C. Sec. 9857 et. seq) was reauthorized in 2014 (Public Law 113-186). The changes to the CCDBG include a requirement that caregivers complete preservice or orientation training on topics including infectious disease prevention and control, building and physical premises safety, emergency preparedness and disaster response, and handling/storage of hazardous materials and disposal of biocontaminants. Requiring caregivers to complete occupational health and safety training will satisfy several of the new CCDBG health and safety requirements and will also help caregivers with child development permits satisfy the 105 hours of professional growth activities necessary to renew their permits. The training will also improve health and safety for caregivers and the children in their care, and will therefore benefit the families of the children served and the economy of the state. +SEC. 2. +Article 19.5 (commencing with Section 8430) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: +Article 19.5. Child Care Caregiver Occupational Health and Safety Training Act +8430. +This article may be known and cited as the Child Care Caregiver Occupational Health and Safety Training Act. +8431. +As used in this article, the following terms have the following meanings: +(a) “Caregivers” means licensed caregivers and license-exempt caregivers. +(b) “Department” means the State Department of Education. +(c) “Licensed caregiver” means a person who works directly with children and is a child care provider, an administrator, or an employee of a licensed child day care facility. +(d) “License-exempt caregiver” means a person who works directly with children under a publicly funded child care program, and is a child care provider who is exempt from licensing requirements pursuant to Section 1596.792 of the Health and Safety Code, or the employee of such a child care provider, but excludes caregivers who are the relatives of the children they care for. +(e) “Publicly funded child care program” means a program administered by the State Department of Education, the State Department of Social Services, or another department, agency, or political subdivision of the state, including, but not limited to, child care voucher programs, the California State Preschool Program, child care center contracts and programs established subsequent to the passage of this article, to subsidize early learning and care for children, but not including the public education system. +8432. +(a) A caregiver shall attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession, and on how to identify and avoid those risks. +(b) A caregiver shall be required to complete this training within two years of when the training is first offered pursuant to this act, or within three months of the caregiver beginning to care for children in a licensed child day care facility, whichever occurs later. +(c) The training shall include all of the following: +(1) A discussion of all of the following risks and how the risks can be identified and minimized in a child care setting: +(A) Chemical and biological hazards. +(B) Infectious disease. +(C) Physical hazards and stress. +(2) Small-group and large-group discussion. +(3) An opportunity for a caregiver to learn from current child care professionals. +(4) Presentations by associations or organizations of child care caregivers about their professional development offerings for caregivers, upon approval by the department. +(5) An opportunity for a caregiver to give feedback on the training he or she has received. +(d) The State Department of Education shall, in consultation with the State Department of Public Health and child care caregivers, develop the curriculum for the training. +(e) The department shall compensate a caregiver for his or her time for attending the training established in this article. +(f) The department shall contract with an entity to provide the occupational health and safety training required in this article throughout the state. Based on a competitive process, the department shall select an entity that meets all of the following requirements: +(1) Has experience providing occupational health and safety trainings, as described in this article, to caregivers. +(2) Trains caregivers to give the training required by this article to other caregivers. +(3) Will provide periodic updates on health and safety matters to caregivers who have completed the training. +(g) The department shall, on a monthly basis, provide lists of the caregivers who have attended the training and of those who are required to attend the training, but have not yet attended, and their contact information, to the entity selected to provide the training, to enable the entity to provide periodic updates to affected caregivers on health and safety issues and other educational information. +(h) The department and the entity it selects to provide the training shall comply with the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code), which includes, among alternative communication options, providing the same type of training materials in any non-English language spoken by a substantial number of members of the public whom the department serves. +8433. +This article shall take effect July 1, 2017. +SECTION 1. +Section 35179 of the +Education Code +is amended to read: +35179. +(a)Each school district governing board shall have general control of, and be responsible for, all aspects of the interscholastic athletic policies, programs, and activities in its district, including, but not necessarily limited to, eligibility, season of sport, number of sports, personnel, and sports facilities. In addition, the school district governing board shall ensure that all interscholastic policies, programs, and activities in its district are in compliance with state and federal law. +(b)School district governing boards may enter into associations or consortia with other school district governing boards for the purpose of governing regional or statewide interscholastic athletic programs by permitting the public schools under their jurisdictions to enter into a voluntary association with other schools for the purpose of enacting and enforcing rules relating to eligibility for, and participation in, interscholastic athletic programs among and between schools. +(c)Each school district governing board, or its designee, shall represent the individual schools located within its jurisdiction in any voluntary association of schools formed or maintained pursuant to this section. +(d)No voluntary interscholastic athletic association, of which any public school is a member, shall discriminate against, or deny the benefits of any program to, any person on any basis prohibited by Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1. +(e)Notwithstanding any other law, no voluntary interscholastic athletic association shall deny a school from participating in interscholastic athletic activities because of the religious tenets of the school, irrespective of whether that school is directly controlled by a religious organization. +(f)Interscholastic athletics is defined as those policies, programs, and activities that are formulated or executed in conjunction with, or in contemplation of, athletic contests between two or more schools, either public or private.","Existing federal law, the Child Care and Development Block Grant Act of 1990, which is administered by the State Department of Education in California, requires that a state plan include requirements that specified child care providers receive minimum health and safety training relating to, among other things, the prevention and control of infectious diseases and the handling and storage of hazardous materials in order to receiving funding for child care. +Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities by the State Department of Social Services. Existing law, the Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age, including, among others, resource and referral programs, alternative payment programs, and family child care home education networks. +This bill would, effective July 1, 2017, require a caregiver, as defined, to attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession, and on how to identify and avoid those risks. The bill would require the State Department of Education, in consultation with the State Department of Public Health and child care caregivers, to develop the curriculum for the training, which is required to include, among other things, a discussion of specified risks, including chemical and biological hazards. The bill would also require the department to contract with an entity to provide the occupational health and safety training and to compensate a caregiver for his or her time for attending the training. +Existing law provides that each school district governing board has general control of, and responsibility for, all aspects of the interscholastic athletic policies, programs, and activities in its district, as specified. Existing law authorizes school district governing boards to enter into associations or consortia with other school district governing boards for the purpose of governing regional or statewide interscholastic athletic programs, as specified. Existing law prohibits voluntary interscholastic athletic associations from discriminating against, or denying the benefits of any program to, any person on the basis of specified personal characteristics. Existing law also prohibits voluntary interscholastic athletic associations from denying a school from participation in interscholastic athletic activities because of the religious tenets of the school. +This bill would make nonsubstantive changes to these provisions.","An act to amend Section 35179 of the Education Code, relating to interscholastic athletics. +An act to add Article 19.5 (commencing with Section 8430) to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, relating to child care." +388,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 799 of the Public Utilities Code is amended to read: +799. +(a) With respect to all taxes enacted by any local jurisdiction, including any city, county, or city and county, including a chartered city or county, any district, including an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries, or any public or municipal corporation, and imposed on the customers of public utilities or other service suppliers, which taxes have been collected by the public utilities and other service suppliers and remitted to the local jurisdiction all of the following shall apply: +(1) The public utility or other service supplier shall have no duty to independently investigate or inquire with the local jurisdiction concerning the validity of the tax ordinance. +(2) In connection with any actions or claims relating to or arising from the invalidity of the tax ordinance, in whole or in part, the public utility or other service supplier shall not be liable to any customer as a consequence of collecting the tax. +(3) In the event a local jurisdiction is ordered to refund the tax, it shall be the sole responsibility of the local jurisdiction to refund the tax. Unless a public utility or other service supplier is reimbursed by the local jurisdiction for the actual cost of assisting the local jurisdiction, including, but not limited to, calculating or verifying refunds, distributing refunds, providing data, or providing data processing assistance, the public utility or other service supplier shall not be required to assist the local jurisdiction to refund the tax, including, but not limited to, calculating or verifying refunds, distributing refunds, providing data, or providing data processing assistance. +(4) In any action seeking to enjoin collection of taxes imposed on customers of utilities or other service suppliers and collected by the utilities or other service suppliers, in any action seeking declaratory relief concerning the taxes, in any action seeking a refund of the taxes, or in any action seeking otherwise to invalidate the taxes, the sole necessary party defendant in the action shall be the local jurisdiction on whose behalf the taxes are collected and the public utility or other service supplier collecting the taxes shall not be named as a party in the action. +(5) If a local jurisdiction repeals the tax, reduces an existing tax rate, changes the tax base, or makes any other changes to the tax that would affect the collection and remittance of the tax, the local jurisdiction shall submit, on and after the effective date of the enactment of the change, a written notification and supply all requisite information to the public utility or service supplier, in accordance with the procedures established by the public utility or service supplier. The public utility or other service supplier shall not be required to implement the changes any earlier than 60 days from the date on which the public utility or other service provider receives the written notification and all other information required by the public utility or other service supplier. If the 60th day is not the first day of a month, then the public utility or other service provider shall implement the changes on the first day of the month following the month in which the 60th day occurs. +(6) If a local jurisdiction adopts a new tax, the local jurisdiction shall submit, on and after the effective date of the adoption of the new tax, a written notification to the public utility or other service supplier, in accordance with procedures established by the public utility or other service supplier, requesting that the tax be collected. The public utility or other service supplier shall not be required to begin collecting the tax any earlier than 90 days from the date on which the public utility or other service provider receives written notification and all other information required by the public utility or other service supplier. If the 90th day is not the first day of a month, then the public utility or other service provider shall begin the tax collection on the first day of the month following the month in which the 90th day occurs. Nothing in this section shall be construed to prevent the public utility or other service provider from beginning the tax collection at an earlier date. +(b) For purposes of this section, “other service supplier” shall include, but not be limited to, a holder of a state franchise issued pursuant to Section 5840. +(c) The Legislature finds and declares that the limitations imposed by this section constitute an issue of statewide concern. The Legislature further finds and declares that the limitations imposed by this section are not municipal affairs as that term is used in Article XI of the California Constitution. Therefore, it is the intent of the Legislature that the limitations imposed by this section apply to all cities, counties, and cities and counties, including chartered cities and chartered counties, any district, including an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries, and any public or municipal corporation. +SEC. 2. +The amendment of Section 799 of the Public Utilities Code made by this act does not constitute a change in, but is declaratory of, existing law.","Under existing law, a public utility is required to bill its customers for various taxes imposed by a public entity and remit the revenues from those taxes that are collected to the public entity. The Public Utilities Act provides that a public utility or other service supplier is not liable to any customer as a result of collecting these taxes, and grants various rights to, and imposes various requirements on, public utilities and other service suppliers with respect to the imposition, repeal, or collection of the taxes. Existing law, the Digital Infrastructure and Video Competition Act of 2006, establishes a procedure for the issuance of state franchises for the provision of video service, defined to include cable service and open-video systems, administered by the Public Utilities Commission. +This bill would explicitly define the term “other service supplier” for the purpose of those provisions to include, but not be limited to, a holder of a state franchise for the provision of video service.","An act to amend Section 799 of the Public Utilities Code, relating to public utilities." +389,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 54953 of the Government Code is amended to read: +54953. +(a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. +(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. +(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. +(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. +(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. +(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. +(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. +(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. +(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), when a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and that number and access codes are identified in the notice and agenda of the meeting. +(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. +(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. +(4) This subdivision shall remain in effect only until January 1, 2018. +SEC. 2. +The Legislature finds and declares that Section 1 of this act, which amends Section 54953 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: +This act ensures that more Californians can meaningfully participate in the meetings of legislative bodies of local agencies. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","The Ralph M. Brown Act requires that all meetings of a legislative body of a local agency be open and public, except that closed sessions may be held under prescribed circumstances. Existing law authorizes the legislative body to hold a closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee, but generally prohibits the closed session from including discussion or action on proposed compensation. Existing law authorizes the legislative body to hold a closed session with the local agency’s designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, but prohibits the closed session from including final action on the proposed compensation of one or more unrepresented employees. Existing law prohibits the legislative body from calling a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined. +This bill, prior to taking final action, would require the legislative body to orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive during the open meeting in which the final action is to be taken. +By imposing new requirements on cities, counties, cities and counties, and special districts, this bill would impose a state-mandated local program. +The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. +This bill would make legislative findings to that effect. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 54953 of the Government Code, relating to open meetings." +390,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) While ensuring that quality education for all of California’s schoolchildren is a shared responsibility of the general public, it is foremost the duty of individual parents. +(b) Providing tax relief for citizens who shoulder an extra weight in pursuit of the common good has long been considered sound public policy. +(c) Every school year, kindergarten and grades 1 to 12, inclusive, parents across California pay at their own expense to obtain vital educational resources and services that are essential to those children entrusted to their parents’ care. +(d) Financial pressures weighing upon California families have also made it difficult to ensure for their children a quality elementary and secondary education while at the same time generating funds for college. +(e) State education tax relief can help empower and engage low- and middle-income families in personally caring for their own schoolchildren’s kindergarten through high school learning needs and generate funds for college. +SEC. 2. +Section 17072 of the Revenue and Taxation Code is amended to read: +17072. +(a) Section 62 of the Internal Revenue Code, relating to adjusted gross income defined, shall apply, except as otherwise provided. +(b) Section 62(a)(2)(D) of the Internal Revenue Code, relating to certain expenses of elementary and secondary school teachers, shall not apply. +(c) Section 62(a)(21) of the Internal Revenue Code, relating to attorneys fees relating to awards to whistleblowers, shall not apply. +(d) Section 62(a) of the Internal Revenue Code is modified to provide that the deduction under Section 17208 shall be allowed in determining adjusted gross income. +(e) Section 62(a) of the Internal Revenue Code is modified to provide that the deduction under Section 17208.2 shall be allowed in determining adjusted gross income. +SEC. 3. +Section 17208 is added to the Revenue and Taxation Code, to read: +17208. +(a) Notwithstanding any other provision of this part or Part 11 (commencing with Section 23001) to the contrary, for each taxable year beginning on or after January 1, 2016, and before January 1, 2021, a deduction shall be allowed for an amount contributed by a taxpayer during the taxable year to a Coverdell education savings account, not to exceed seven hundred fifty dollars ($750) per taxable year, except as otherwise provided in this section. +(b) For purposes of this section, “Coverdell education savings account” shall have the same meaning as that term is defined by Section 530 of the Internal Revenue Code, as modified by Section 23712. +(c) For purposes of applying Section 530 of the Internal Revenue Code, relating to Coverdell education savings accounts, the basis of the Coverdell education savings account shall be reduced by any amount deducted pursuant to this section. +(d) This section shall be repealed on December 1, 2021. +SEC. 4. +Section 17208.2 is added to the Revenue and Taxation Code, to read: +17208.2. +(a) For each taxable year beginning on or after January 1, 2016, and before January 1, 2021, there shall be allowed as a deduction an amount equal to the qualified amount that was paid or incurred for qualified education-related expenses for one or more dependent children by a qualified taxpayer during the taxable year. +(b) For the purposes of this section, the following definitions shall apply: +(1) “Dependent children” means one or more children, as defined in Section 152(f)(1) of the Internal Revenue Code, relating to child defined, who meet all of the following requirements: +(A) Attend kindergarten or any of grades 1 to 12, inclusive, in California at a public, charter, or private school that has a current private school affidavit on file with the State Department of Education in the taxable year. +(B) Are deemed a full-time pupil in accordance with the compulsory education requirements of Sections 48200 or 48222 of the Education Code. +(C) Are under 21 years of age at the end of the school year. +(D) Meet the requirements of Section 152(c)(1)(D) and (E) of the Internal Revenue Code. +(E) Are claimed as the dependent children on the original, timely filed return of the qualified taxpayer. +(2) “Qualified amount” means the amount paid or incurred for qualified education-related expenses, not to exceed the amount specified in subdivision (c). +(3) (A) “Qualified education-related expenses” means the kindergarten or any of grades 1 to 12, inclusive, costs of any of the following: the rental or purchase of educational equipment required for classes during the regular school day; computers, computer hardware, and educational computer software used to learn academic subjects; fees for college courses at public institutions or independent nonprofit colleges, or for summer school courses that satisfy high school graduation requirements; psychoeducational diagnostic evaluations to assess the cognitive and academic abilities of dependent children; special education and related services for dependent children who have an individualized education program or its equivalent; out-of-school enrichment programs, tutoring, and summer programs that are academic in nature; and public transportation or third-party transportation expenses for traveling directly to and from school. +(B) “Qualified education-related expenses” shall not include any expenses for the items described in subparagraph (A) that also are used in a trade or business. +(4) “Qualified taxpayer” means a parent or legal guardian of one or more dependent children who meet all of the following requirements: +(A) Both the dependent children and the parent or guardian reside in California when the qualified education-related expenses are paid or incurred. +(B) (i) The household income does not exceed 250 percent of the federal Income Eligibility Guidelines published by the Food and Nutrition Service of the United States Department of Agriculture for use in determining eligibility for reduced price meals. +(ii) “Household income” means adjusted gross income as defined in Section 62 of the Internal Revenue Code. +(c) The total deduction allowed under this section to a qualified taxpayer shall not exceed two thousand five hundred dollars ($2,500) in a taxable year. If more than one qualified taxpayer may be allowed this deduction for dependent children, including a qualified taxpayer filing a joint return, the sum of all deductions allowed under this section for those dependent children shall not exceed two thousand five hundred dollars ($2,500) in a taxable year. +(d) (1) The Franchise Tax Board may prescribe rules, standards, criteria, guidelines, procedures, determinations, or notices necessary or appropriate to carry out the purposes of this section. +(2) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to any rule, standard, criterion, guideline, procedure, determination, or notice established or issued by the Franchise Tax Board pursuant to this section. +(e) This section shall be repealed on December 1, 2021. +SEC. 5. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The Personal Income Tax Law, in modified conformity with federal income tax laws, allows various deductions from gross income in computing adjusted gross income under that law, including deductions for payments to individual retirement accounts, alimony payments, and interest on educational loans. +This bill, for taxable years beginning on or after January 1, 2016, and before January 1, 2021, would allow a deduction in computing adjusted gross income for those amounts contributed to a Coverdell education savings account, up to $750 per taxable year, as provided. The bill, for taxable years beginning on or after January 1, 2016, and before January 1, 2021, would also allow a deduction in computing adjusted gross income, not to exceed $2,500, for the cost of education-related expenses of the taxpayer’s dependent child or children attending public or private school, as specified. +This bill would take effect immediately as a tax levy.","An act to amend Section 17072 of, and to add and repeal Sections 17208 and 17208.2 of, the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +391,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 21168.6.7 is added to the Public Resources Code, to read: +21168.6.7. +(a) For the purposes of this section “water storage project” means a project described in subdivision (a) of Section 79751 of the Water Code and funded, in whole or in part, with proceeds of bonds sold pursuant to the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Division 26.7 (commencing with Section 79700) of the Water Code). +(b) Notwithstanding any other law, the procedures established pursuant to subdivision (c) shall apply to an action or proceeding brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water storage project or the granting of any approvals for a water storage project. +(c) On or before July 1, 2017, the Judicial Council shall adopt a rule of court to establish procedures applicable to actions or proceedings brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water storage project or the granting of any project approvals that require the actions or proceedings, including any potential appeals therefrom, be resolved, to the extent feasible, within 370 days of certification of the record of proceedings pursuant to subdivision (e). +(d) (1) The draft and final environmental impact report for a water storage project shall include a notice in not less than 12-point type stating the following: +THIS EIR IS SUBJECT TO SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR. +(2) The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section. +(3) Within 10 days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that report. +(4) Within 10 days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report. +(5) (A) Within five days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation. The lead agency and applicant shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 days after the close of the public comment period. +(B) A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated. +(C) The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years experience in land use and environmental law or science, or mediation. The applicant shall bear the costs of mediation. +(D) A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute. +(E) The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency, the applicant, and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this subparagraph shall not raise the issue addressed by that measure as a basis for an action or proceeding challenging the lead agency’s decision to certify the environmental impact report or to grant one or more initial project approvals. +(6) The lead agency need not consider written or oral comments submitted after the close of the public comment period, unless those comments address any of the following: +(A) New issues raised in the response to comments by the lead agency. +(B) New information released by the public agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents. +(C) Changes made to the project after the close of the public comment period. +(D) Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting and monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, where the lead agency releases those documents subsequent to the release of the draft environmental impact report. +(E) New information that was not reasonably known and could not have been reasonably known during the public comment period. +(7) The lead agency shall file the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152 within five days after the last initial project approval. +(e) (1) The lead agency may prepare and certify the record of the proceedings in accordance with this subdivision and in accordance with Rule 3.1365 of the California Rules of Court. The applicant shall pay the lead agency for all costs of preparing and certifying the record of proceedings. +(2) No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to or relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared or received by the lead agency. +(3) Notwithstanding paragraph (2), documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index shall specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review. +(4) The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make those comments available to the public in a readily accessible electronic format within five days of their receipt. +(5) Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format. +(6) The lead agency shall indicate in the record of the proceedings comments received that were not considered by the lead agency pursuant to paragraph (6) of subdivision (d) and need not include the content of the comments as a part of the record. +(7) Within five days after the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152, the lead agency shall certify the record of the proceedings for the approval or determination and shall provide an electronic copy of the record to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy. +(8) Within 10 days after being served with a complaint or a petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court. +(9) Any dispute over the content of the record of the proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record shall file a motion to augment the record at the time it files its initial brief. +(10) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6. +(f) Subdivisions (d) and (e) do not apply to a project for which an environmental review pursuant to this division has commenced before January 1, 2017. +(g) (1) (A) In granting relief in an action or proceeding brought pursuant to this division, the court shall not stay or enjoin the construction or operation of a water storage project unless the court finds either of the following: +(i) The continued construction or operation of the water storage project presents an imminent threat to the public health and safety. +(ii) The water storage project site contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continued construction or operation of the water storage project unless the court stays or enjoins the construction or operation of the water storage project. +(B) If the court finds that clause (i) or (ii) of subparagraph (A) is satisfied, the court shall only enjoin those specific activities associated with the water storage project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values. +(2) An action or proceeding to attack, set aside, void, or annul a determination, finding, or decision of the lead agency granting a subsequent project approval shall be subject to the requirements of this chapter. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA and a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency’s action on the grounds of noncompliance with CEQA. +The Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1), approved by the voters at the November 4, 2014, statewide general election, authorizes the issuance of bonds pursuant to the State General Obligation Bond Law to finance a water quality, supply, and infrastructure improvement program. +This bill would require a lead agency, in certifying the environmental impact report and in granting approvals for certain water storage projects funded, in whole or in part, by Proposition 1, to comply with specified procedures. Because a public agency would be required to comply with those new procedures, this bill would impose a state-mandated local program. The bill would authorize the lead agency to concurrently prepare the record of proceedings for the project. The bill would require the Judicial Council, on or before July 1, 2017, to adopt a rule of court to establish procedures applicable to actions or proceedings seeking judicial review of a lead agency’s action in certifying the environmental impact report and in granting approval for those projects that require the actions or proceedings, including any appeals therefrom, be resolved, to the extent feasible, within 370 days of the certification of the record of proceedings. The bill would prohibit a court from staying or enjoining those projects unless it makes specified findings. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 21168.6.7 to the Public Resources Code, relating to environmental quality." +392,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 32310 of the Penal Code is amended to read: +32310. +(a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. +(b) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) upon the first offense, by a fine not to exceed two hundred fifty dollars ($250) upon the second offense, and by a fine not to exceed five hundred dollars ($500) upon the third or subsequent offense. +(c) A person who, prior to July 1, 2017, legally possesses a large-capacity magazine shall dispose of that magazine by any of the following means: +(1) Remove the large-capacity magazine from the state. +(2) Prior to July 1, 2017, sell the large-capacity magazine to a licensed firearms dealer. +(3) Destroy the large-capacity magazine. +(4) Surrender the large-capacity magazine to a law enforcement agency for destruction. +(d) For purposes of this section, “manufacturing” includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine. +(e) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of this code shall not be punished under more than one provision. +SEC. 2. +Section 32400 of the Penal Code is amended to read: +32400. +Section 32310 does not apply to the sale of, giving of, lending of, possession of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties. +SEC. 3. +Section 32405 of the Penal Code is amended to read: +32405. +Section 32310 does not apply to the sale to, lending to, transfer to, purchase by, receipt of, possession of, or importation into this state of, a large-capacity magazine by a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or a sworn federal law enforcement officer who is authorized to carry a firearm in the course and scope of that officer’s duties. +SEC. 4. +Section 32406 is added to the Penal Code, to read: +32406. +Subdivisions (b) and (c) of Section 32310 do not apply to the following: +(a) An individual who honorably retired from being a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or an individual who honorably retired from being a sworn federal law enforcement officer, who was authorized to carry a firearm in the course and scope of that officer’s duties. For purposes of this section, “honorably retired” has the same meaning as provided in Section 16690. +(b) A federal, state, or local historical society, museum or institutional society, or museum or institutional collection, that is open to the public, provided that the large-capacity magazine is unloaded, properly housed within secured premises, and secured from unauthorized handling. +(c) A person who finds a large-capacity magazine, if the person is not prohibited from possessing firearms or ammunition, and possessed it no longer than necessary to deliver or transport it to the nearest law enforcement agency. +(d) A forensic laboratory, or an authorized agent or employee thereof in the course and scope of his or her authorized activities. +(e) The receipt or disposition of a large-capacity magazine by a trustee of a trust, or an executor or administrator of an estate, including an estate that is subject to probate, that includes a large-capacity magazine. +(f) A person lawfully in possession of a firearm that the person obtained prior to January 1, 2000, if no magazine that holds 10 or fewer rounds of ammunition is compatible with that firearm and the person possesses the large-capacity magazine solely for use with that firearm. +SEC. 5. +Section 32410 of the Penal Code is amended to read: +32410. +Section 32310 does not apply to the possession, sale, or purchase of any large-capacity magazine to or by a person licensed pursuant to Sections 26700 to 26915, inclusive. +SEC. 6. +Section 32420 of the Penal Code is repealed. +SEC. 7. +Section 32425 of the Penal Code is amended to read: +32425. +Section 32310 does not apply to either of the following: +(a) The lending or giving of any large-capacity magazine to, or possession of that magazine by, a person licensed pursuant to Sections 26700 to 26915, inclusive, or to a gunsmith, for the purposes of maintenance, repair, or modification of that large-capacity magazine. +(b) The return to its owner of any large-capacity magazine by a person specified in subdivision (a). +SEC. 8. +Section 32430 of the Penal Code is amended to read: +32430. +Section 32310 does not apply to the possession of, importation into this state of, or sale of, any large-capacity magazine by a person who has been issued a permit to engage in those activities pursuant to Section 32315, when those activities are in accordance with the terms and conditions of that permit. +SEC. 9. +Section 32435 of the Penal Code is amended to read: +32435. +Section 32310 does not apply to any of the following: +(a) The sale of, giving of, lending of, possession of, importation into this state of, or purchase of, any large-capacity magazine, to or by any entity that operates an armored vehicle business pursuant to the laws of this state. +(b) The lending of large-capacity magazines by an entity specified in subdivision (a) to its authorized employees, and the possession of those large-capacity magazines by those authorized employees, while in the course and scope of employment for purposes that pertain to the entity’s armored vehicle business. +(c) The return of those large-capacity magazines to the entity specified in subdivision (a) by those employees specified in subdivision (b). +SEC. 10. +Section 32450 of the Penal Code is amended to read: +32450. +Section 32310 does not apply to the purchase or possession of a large-capacity magazine by the holder of a special weapons permit issued pursuant to Section 31000, 32650, or 33300, or pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of this division, for any of the following purposes: +(a) For use solely as a prop for a motion picture, television, or video production. +(b) For export pursuant to federal regulations. +(c) For resale to law enforcement agencies, government agencies, or the military, pursuant to applicable federal regulations. +SEC. 11. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law prohibits the sale, gift, and loan of a large-capacity magazine. A violation of this prohibition is punishable as a misdemeanor with specified penalties or as a felony. +This bill would, commencing July 1, 2017, make it an infraction punishable by a fine not to exceed $100 for the first offense, by a fine not to exceed $250 for the 2nd offense, and by a fine not to exceed $500 for the 3rd or subsequent offense, for a person to possess any large-capacity magazine, regardless of the date the magazine was acquired. The bill would require a person in lawful possession of a large-capacity magazine prior to July 1, 2017, to dispose of the magazine, as provided. +By creating a new crime, this bill would impose a state-mandated local program. +(2) Existing law creates various exceptions to the crime described in paragraph (1) above, which include, but are not limited to, the sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by the holder of a special weapons permit for use as a prop for a motion picture, or any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties. +This bill would make conforming changes to those exceptions by including possession of a large-capacity magazine in those provisions and would establish additional exceptions to the crime described in paragraph (1) above, including exceptions to allow licensed gunsmiths and honorably retired sworn peace officers to possess a large-capacity magazine. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 32310, 32400, 32405, 32410, 32425, 32430, 32435, and 32450 of, to add Section 32406 to, and to repeal Section 32420 of, the Penal Code, relating to firearms." +393,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 9.6 (commencing with Section 4450) is added to Division 2 of the Business and Professions Code, to read: +CHAPTER 9.6. Pharmacy Benefits Management +4450. +For purposes of this chapter, the following definitions shall apply: +(a) “Improper reimbursement” means a pharmacy benefit manager has requested and received reimbursement from a pharmacist or pharmacy in its network for the cost of a drug dispensed to a patient that was previously authorized and properly adjudicated, in violation of subdivision (a) of Section 4451. +(b) “Pharmacist” or “pharmacy” has the same meaning as set forth in Chapter 9 (commencing with Section 4000), and is a person or entity located in this state that participates in the network of a pharmacy benefit manager. +(c) “Pharmacy benefit manager” means an entity that performs pharmacy benefits management. +(d) “Pharmacy benefits management” means the administration or management of prescription drug benefits, including, but not limited to, the procurement of prescription drugs at a negotiated rate for dispensation within this state, the processing of prescription drug claims, and the administration of payments related to prescription drug claims. +(e) “Properly adjudicated” means the pharmacist or pharmacy was explicitly authorized by the pharmacy benefit manager to dispense a drug to a patient through its network, and the pharmacist or pharmacy was entitled to the payment that was provided, at that point in time, by the pharmacy benefit manager, pursuant to that authorization. +(f) “Reimbursement” means the amount that was previously paid by a pharmacy benefit manager to a contracted pharmacist or pharmacy for the cost of a drug dispensed to a patient that was authorized to be dispensed as a covered drug and properly adjudicated. +4451. +(a) Notwithstanding any other law, a pharmacy benefit manager is prohibited from requiring that a pharmacist or pharmacy provide reimbursement to the pharmacy benefit manager for the cost of any drug dispensed to a patient that was properly adjudicated, except upon a showing of fraud or malfeasance. +(b) No contract entered into on or after January 1, 2017, between a pharmacy benefit manager and a pharmacist or pharmacy shall include a provision that conflicts with the prohibition set forth in subdivision (a). +4452. +(a) Notwithstanding any other law, a pharmacy benefit manager that administers pharmacy benefits management in this state that has requested and received any improper reimbursements from a pharmacist or pharmacy pursuant to the prohibition set forth in subdivision (a) of Section 4451 shall refund that payment to the pharmacist or pharmacy. +(b) Subdivision (a) shall apply only to those improper reimbursements that were received by the pharmacy benefit manager between January 1, 2012, and January 1, 2017. +SECTION 1. +Section 4001 of the +Business and Professions Code +is amended to read: +4001. +(a)There is in the Department of Consumer Affairs a California State Board of Pharmacy in which the administration and enforcement of this chapter is vested. The board is composed of 13 members. +(b)The Governor shall appoint seven competent pharmacists who reside in different parts of the state to serve as members of the board. The Governor shall appoint four public members, and the Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member who shall not be a licensee of the board, any other board under this division, or any board referred to in Section 1000 or 3600. +(c)At least five of the seven pharmacist appointees to the board shall be pharmacists who are actively engaged in the practice of pharmacy. Additionally, the membership of the board shall include at least one pharmacist representative from each of the following practice settings: an acute care hospital, an independent community pharmacy, a chain community pharmacy, and a long-term health care or skilled nursing facility. The pharmacist appointees shall also include a pharmacist who is a member of a labor union that represents pharmacists. For the purposes of this subdivision, a “chain community pharmacy” means a chain of 75 or more stores in California under the same ownership, and an “independent community pharmacy” means a pharmacy owned by a person or entity who owns no more than four pharmacies in California. +(d)Members of the board shall be appointed for a term of four years. No person shall serve as a member of the board for more than two consecutive terms. Each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. Vacancies occurring shall be filled by appointment for the unexpired term. +(e)Each member of the board shall receive a per diem and expenses as provided in Section 103. +(f)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.","Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists and pharmacies by the California State Board of Pharmacy. Existing law imposes requirements on audits of pharmacy services provided to beneficiaries of a health benefit plan, as specified. +This bill would prohibit a pharmacy benefit manager, as defined, from requiring that a pharmacist or pharmacy provide reimbursement to the pharmacy benefit manager for the cost of any drug dispensed to a patient that was properly adjudicated, as defined, except upon a showing of fraud or malfeasance. The bill would require any improper reimbursement made under those provisions during a specified 5-year period to be refunded to the pharmacist or pharmacy, as specified. +The Pharmacy Law establishes in the Department of Consumer Affairs the California State Board of Pharmacy, which consists of 13 members. +This bill would make a nonsubstantive change to these provisions.","An act to +amend Section 4001 of +add Chapter 9.6 (commencing with Section 4450) to Division 2 of +the Business and Professions Code, relating to healing arts." +394,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 205.5 of the Revenue and Taxation Code is amended to read: +205.5. +(a) Property that constitutes the principal place of residence of a veteran, that is owned by the veteran, the veteran’s spouse, or the veteran and the veteran’s spouse jointly, is exempted from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), if the veteran is blind in both eyes, has lost the use of two or more limbs, or if the veteran is totally disabled as a result of injury or disease incurred in military service. The one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of an eligible veteran whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). +(b) (1) For purposes of this section, “veteran” means either of the following: +(A) A person who is serving in or has served in and has been discharged under other than dishonorable conditions from service in the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, and served either in time of war or in time of peace in a campaign or expedition for which a medal has been issued by Congress, or in time of peace and because of a service-connected disability was released from active duty, and who has been determined by the United States Department of Veterans Affairs to be eligible for federal veterans’ health and medical benefits. +(B) Any person who would qualify as a veteran pursuant to subparagraph (A) except that he or she has, as a result of a service-connected injury or disease, died while on active duty in military service. The United States Department of Veterans Affairs shall determine whether an injury or disease is service connected. +(2) For purposes of this section, property is deemed to be the principal place of residence of a veteran, disabled as described in subdivision (a), who is confined to a hospital or other care facility, if that property would be that veteran’s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For purposes of this paragraph, a family member who resides at the residence is not a third party. +(c) (1) Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a deceased veteran is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of a veteran who was blind in both eyes, had lost the use of two or more limbs, or was totally disabled provided that either of the following conditions is met: +(A) The deceased veteran during his or her lifetime qualified for the exemption pursuant to subdivision (a), or would have qualified for the exemption under the laws effective on January 1, 1977, except that the veteran died prior to January 1, 1977. +(B) The veteran died from a disease that was service connected as determined by the United States Department of Veterans Affairs. +The one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). +(2) Commencing with the 1994–95 fiscal year, property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a veteran as described in subparagraph (B) of paragraph (1) of subdivision (b) is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h). The one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). +(3) Beginning with the 2012–13 fiscal year and for each fiscal year thereafter, property is deemed to be the principal place of residence of the unmarried surviving spouse of a deceased veteran, who is confined to a hospital or other care facility, if that property would be the unmarried surviving spouse’s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For purposes of this paragraph, a family member who resides at the residence is not a third party. +(d) As used in this section, “property that is owned by a veteran” or “property that is owned by the veteran’s unmarried surviving spouse” includes all of the following: +(1) Property owned by the veteran with the veteran’s spouse as a joint tenancy, tenancy in common, or as community property. +(2) Property owned by the veteran or the veteran’s spouse as separate property. +(3) Property owned with one or more other persons to the extent of the interest owned by the veteran, the veteran’s spouse, or both the veteran and the veteran’s spouse. +(4) Property owned by the veteran’s unmarried surviving spouse with one or more other persons to the extent of the interest owned by the veteran’s unmarried surviving spouse. +(5) So much of the property of a corporation as constitutes the principal place of residence of a veteran or a veteran’s unmarried surviving spouse when the veteran, or the veteran’s spouse, or the veteran’s unmarried surviving spouse is a shareholder of the corporation and the rights of shareholding entitle one to the possession of property, legal title to which is owned by the corporation. The exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property. Notwithstanding any law or articles of incorporation or bylaws of a corporation described in this paragraph, any reduction of property taxes paid by the corporation shall reflect an equal reduction in any charges by the corporation to the person who, by reason of qualifying for the exemption, made possible the reduction for the corporation. +(e) For purposes of this section, being blind in both eyes means having a visual acuity of 5/200 or less, or concentric contraction of the visual field to 5 degrees or less; losing the use of a limb means that the limb has been amputated or its use has been lost by reason of ankylosis, progressive muscular dystrophies, or paralysis; and being totally disabled means that the United States Department of Veterans Affairs or the military service from which the veteran was discharged has rated the disability at 100 percent or has rated the disability compensation at 100 percent by reason of being unable to secure or follow a substantially gainful occupation. +(f) An exemption granted to a claimant pursuant to this section shall be in lieu of the veteran’s exemption provided by subdivisions (o), (p), (q), and (r) of Section 3 of Article XIII of the California Constitution and any other real property tax exemption to which the claimant may be entitled. No other real property tax exemption may be granted to any other person with respect to the same residence for which an exemption has been granted pursuant to this section; provided, that if two or more veterans qualified pursuant to this section coown a property in which they reside, each is entitled to the exemption to the extent of his or her interest. +(g) Commencing on January 1, 2002, and for each assessment year thereafter, the household income limit shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. +(h) Commencing on January 1, 2006, and for each assessment year thereafter, the exemption amounts set forth in subdivisions (a) and (c) shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. +(i) The amendments made to this section by the act adding this subdivision shall apply for property tax lien dates for the 2017–18 fiscal year and for each fiscal year thereafter. +SEC. 2. +Section 4831.1 is added to the Revenue and Taxation Code, to read: +4831.1. +Notwithstanding any other law, corrections to the roll that relate to the disabled veterans’ exemption described in Section 205.5 may be corrected within eight years after the making of the assessment being corrected. +SEC. 3. +Section 5097 of the Revenue and Taxation Code is amended to read: +5097. +(a) An order for a refund under this article shall not be made, except on a claim: +(1) Verified by the person who paid the tax, his or her guardian, executor, or administrator. +(2) Except as provided in paragraph (3) or (4), filed within four years after making the payment sought to be refunded, or within one year after the mailing of notice as prescribed in Section 2635, or the period agreed to as provided in Section 532.1, or within 60 days of the date of the notice prescribed by subdivision (a) of Section 4836, whichever is later. +(3) (A) Filed within one year, if an application for a reduction in an assessment or an application for equalization of an assessment has been filed pursuant to Section 1603 and the applicant does not state in the application that the application is intended to constitute a claim for a refund, of either of the following events, whichever occurs first: +(i) After the county assessment appeals board makes a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment of the property, and mails a written notice of its determination to the applicant and the notice does not advise the applicant to file a claim for refund. +(ii) After the expiration of the time period specified in subdivision (c) of Section 1604 if the county assessment appeals board fails to hear evidence and fails to make a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment of the property. +(B) Filed within six months, if an application for a reduction in an assessment or an application for equalization of an assessment has been filed pursuant to Section 1603 and the applicant does not state in the application that the application is intended to constitute a claim for a refund, after the county assessment appeals board makes a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment, and mails a written notice of its determination to the applicant and the notice advises the applicant to file a claim for refund within six months of the date of the county assessment appeals board’s final determination. +(4) Filed within eight years after making the payment sought to be refunded, or within 60 days of the notice prescribed by subdivision (a) of Section 4836, whichever is later, if the claim for refund is filed on or after January 1, 2015, and relates to the disabled veterans’ exemption described in Section 205.5. +(b) An application for a reduction in an assessment filed pursuant to Section 1603 shall also constitute a sufficient claim for refund under this section if the applicant states in the application that the application is intended to constitute a claim for refund. If the applicant does not so state, he or she may thereafter and within the period provided in paragraph (3) of subdivision (a) file a separate claim for refund of taxes extended on the assessment which the applicant applied to have reduced pursuant to Section 1603 or Section 1604. +(c) If an application for equalization of an escape assessment is filed pursuant to Section 1603, a claim may be filed on any taxes resulting from the escape assessment or the original assessment to which the escape relates within the period provided in paragraph (3) of subdivision (a). +(d) The amendments made to this section by the act adding this subdivision shall apply to claims for refund filed on or after January 1, 2015. +SEC. 4. +Section 5097.3 is added to the Revenue and Taxation Code, to read: +5097.3. +Notwithstanding any other law, any taxes paid before or after delinquency may be refunded by the county tax collector or the county auditor, within eight years after the date of payment, if the amount paid exceeds the amount due on the property as the result of corrections to the roll that relate to the disabled veterans’ exemption described in Section 205.5. +SEC. 5. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 6. +Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. +SEC. 7. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","Existing property tax law provides, pursuant to the authorization of the California Constitution, a disabled veteran’s property tax exemption for the principal place of residence of a veteran or a veteran’s spouse, including an unmarried surviving spouse, if the veteran, because of an injury incurred in military service, is blind in both eyes, has lost the use of 2 or more limbs, or is totally disabled, as those terms are defined, or if the veteran has, as a result of a service-connected injury or disease, died while on active duty in military service. That law defines a veteran for its purposes as a person who, among other things, is serving in or has served in and has been discharged under honorable conditions from service in the United States Army, Navy, Air Force, Marine Corps, or Coast Guard. +This bill, for property tax lien dates for the 2017–18 fiscal year and each fiscal year thereafter, would expand that definition of veteran to include a person who has been discharged in other than dishonorable conditions from service under those same conditions and who has been determined by the United States Department of Veterans Affairs to be eligible for federal veterans’ health and medical benefits. +Existing property tax law allows the correction of certain errors resulting in incorrect entries on the property tax roll within 4 years after the making of the assessment. +This bill would extend the time for correcting errors to the roll related to the disabled veterans’ exemption to 8 years. +Existing law requires property taxes to be refunded upon the filing of a claim within 8 years after making the payment sought to be refunded if the claim relates to the disabled veterans’ exemption. +This bill would instead require a refund on a claim filed within 8 years after making the payment sought to be refunded, or within 60 days of the date of a specified notice, whichever is later. +Existing property tax law authorizes any taxes paid before or after delinquency to be refunded by the county tax collector within 4 years after the date of payment under specified conditions. +This bill would authorize any taxes paid before or after delinquency to be refunded by the county tax collector within 8 years after the date of payment if the amount paid exceeds the amount due on the property as a result of corrections to the roll that relate to the disabled veterans’ exemption. +By changing the manner in which local county officials administer property tax refunds with respect to the disabled veterans’ exemption, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. +This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. +This bill would take effect immediately as a tax levy.","An act to amend Sections 205.5 and 5097 of, and to add Sections 4831.1 and 5097.3 to, the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +395,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 23612 of the Vehicle Code is amended to read: +23612. +(a) (1) (A) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies. +(B) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood for the purpose of determining the drug content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood test is unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. +(C) The testing shall be incidental to a lawful arrest and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of Section 23140, 23152, or 23153. +(D) The person shall be told that his or her failure to submit to, or the failure to complete, the required chemical testing will result in a fine, mandatory imprisonment if the person is convicted of a violation of Section 23152 or 23153, and (i) the suspension of the person’s privilege to operate a motor vehicle for a period of one year, (ii) the revocation of the person’s privilege to operate a motor vehicle for a period of two years if the refusal occurs within 10 years of a separate violation of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153 of this code, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code that resulted in a conviction, or if the person’s privilege to operate a motor vehicle has been suspended or revoked pursuant to Section 13353, 13353.1, or 13353.2 for an offense that occurred on a separate occasion, or (iii) the revocation of the person’s privilege to operate a motor vehicle for a period of three years if the refusal occurs within 10 years of two or more separate violations of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153 of this code, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, or any combination thereof, that resulted in convictions, or if the person’s privilege to operate a motor vehicle has been suspended or revoked two or more times pursuant to Section 13353, 13353.1, or 13353.2 for offenses that occurred on separate occasions, or if there is any combination of those convictions, administrative suspensions, or revocations. +(2) (A) If the person is lawfully arrested for driving under the influence of an alcoholic beverage, the person has the choice of whether the test shall be of his or her blood or breath and the officer shall advise the person that he or she has that choice. If the person arrested either is incapable, or states that he or she is incapable, of completing the chosen test, the person shall submit to the remaining test. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies. +(B) If the person is lawfully arrested for driving under the influence of any drug or the combined influence of an alcoholic beverage and any drug, the person has the choice of whether the test shall be of his or her blood or breath, and the officer shall advise the person that he or she has that choice. +(C) A person who chooses to submit to a breath test may also be requested to submit to a blood test if the officer has reasonable cause to believe that the person was driving under the influence of a drug or the combined influence of an alcoholic beverage and a drug and if the officer has a clear indication that a blood test will reveal evidence of the person being under the influence. The officer shall state in his or her report the facts upon which that belief and that clear indication are based. The officer shall advise the person that he or she is required to submit to an additional test. The person shall submit to and complete a blood test. If the person arrested is incapable of completing the blood test, the person shall submit to and complete a urine test. +(3) If the person is lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153, and, because of the need for medical treatment, the person is first transported to a medical facility where it is not feasible to administer a particular test of, or to obtain a particular sample of, the person’s blood or breath, the person has the choice of those tests, including a urine test, that are available at the facility to which that person has been transported. In that case, the officer shall advise the person of those tests that are available at the medical facility and that the person’s choice is limited to those tests that are available. +(4) The officer shall also advise the person that he or she does not have the right to have an attorney present before stating whether he or she will submit to a test or tests, before deciding which test or tests to take, or during administration of the test or tests chosen, and that, in the event of refusal to submit to a test or tests, the refusal may be used against him or her in a court of law. +(5) A person who is unconscious or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn his or her consent and a test or tests may be administered whether or not the person is told that his or her failure to submit to, or the noncompletion of, the test or tests will result in the suspension or revocation of his or her privilege to operate a motor vehicle. A person who is dead is deemed not to have withdrawn his or her consent and a test or tests may be administered at the direction of a peace officer. +(b) A person who is afflicted with hemophilia is exempt from the blood test required by this section, but shall submit to, and complete, a urine test. +(c) A person who is afflicted with a heart condition and is using an anticoagulant under the direction of a licensed physician and surgeon is exempt from the blood test required by this section, but shall submit to, and complete, a urine test. +(d) (1) A person lawfully arrested for an offense allegedly committed while the person was driving a motor vehicle in violation of Section 23140, 23152, or 23153 may request the arresting officer to have a chemical test made of the arrested person’s blood or breath for the purpose of determining the alcoholic content of that person’s blood, and, if so requested, the arresting officer shall have the test performed. +(2) If a blood or breath test is not available under subparagraph (A) of paragraph (1) of subdivision (a), or under subparagraph (A) of paragraph (2) of subdivision (a), or under paragraph (1) of this subdivision, the person shall submit to the remaining test in order to determine the percent, by weight, of alcohol in the person’s blood. If both the blood and breath tests are unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. +(e) If the person, who has been arrested for a violation of Section 23140, 23152, or 23153, refuses or fails to complete a chemical test or tests, or requests that a blood or urine test be taken, the peace officer, acting on behalf of the department, shall serve the notice of the order of suspension or revocation of the person’s privilege to operate a motor vehicle personally on the arrested person. The notice shall be on a form provided by the department. +(f) If the peace officer serves the notice of the order of suspension or revocation of the person’s privilege to operate a motor vehicle, the peace officer shall take possession of all driver’s licenses issued by this state that are held by the person. The temporary driver’s license shall be an endorsement on the notice of the order of suspension and shall be valid for 30 days from the date of arrest. +(g) (1) The peace officer shall immediately forward a copy of the completed notice of suspension or revocation form and any driver’s license taken into possession under subdivision (f), with the report required by Section 13380, to the department. If the person submitted to a blood or urine test, the peace officer shall forward the results immediately to the appropriate forensic laboratory. The forensic laboratory shall forward the results of the chemical tests to the department within 15 calendar days of the date of the arrest. +(2) (A) Notwithstanding any other law, a document containing data prepared and maintained in the governmental forensic laboratory computerized database system that is electronically transmitted or retrieved through public or private computer networks to or by the department is the best available evidence of the chemical test results in all administrative proceedings conducted by the department. In addition, any other official record that is maintained in the governmental forensic laboratory, relates to a chemical test analysis prepared and maintained in the governmental forensic laboratory computerized database system, and is electronically transmitted and retrieved through a public or private computer network to or by the department is admissible as evidence in the department’s administrative proceedings. In order to be admissible as evidence in administrative proceedings, a document described in this subparagraph shall bear a certification by the employee of the department who retrieved the document certifying that the information was received or retrieved directly from the computerized database system of a governmental forensic laboratory and that the document accurately reflects the data received or retrieved. +(B) Notwithstanding any other law, the failure of an employee of the department to certify under subparagraph (A) is not a public offense. +(h) A preliminary alcohol screening test that indicates the presence or concentration of alcohol based on a breath sample in order to establish reasonable cause to believe the person was driving a vehicle in violation of Section 23140, 23152, or 23153 is a field sobriety test and may be used by an officer as a further investigative tool. +(i) A preliminary oral fluid screening test that indicates the presence or concentration of a drug or controlled substance based on a sample in order to establish reasonable cause to believe the person was driving a vehicle in violation of Section +23140, 23152, +23152 +or 23153 is a field sobriety test and may be used by an officer as a further investigative tool. +(j) If the officer decides to use a preliminary alcohol or oral fluid screening test, the officer shall advise the person that he or she is requesting that person to take a preliminary alcohol or oral fluid screening test to assist the officer in determining if that person is under the influence of alcohol or drugs, or a combination of alcohol and drugs. The person’s obligation to submit to a blood, breath, or urine test, as required by this section, for the purpose of determining the alcohol or drug content of that person’s blood, is not satisfied by the person submitting to a preliminary alcohol or oral fluid screening test. The officer shall advise the person of that fact and of the person’s right to refuse to take the preliminary alcohol or oral fluid screening test.","Existing law provides that a person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood for the purpose of determining the drug content of his or her blood if lawfully arrested for driving under the influence of alcohol or drugs. Existing law provides that if a blood test is unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. Existing law authorizes an officer to use a preliminary alcohol screening test that indicates the presence or concentration of alcohol based on a breath sample as a further investigatory tool in order to establish reasonable cause to believe the person was driving a vehicle in violation of certain prohibitions against driving under the influence of alcohol or drugs. +This bill would authorize an officer to use a preliminary oral fluid screening test that indicates the presence or concentration of a drug or controlled substance as a further investigatory tool in order to establish reasonable cause to believe the person was driving a vehicle in violation of certain prohibitions against driving under the influence of drugs.","An act to amend Section 23612 of the Vehicle Code, relating to vehicles." +396,"The people of the State of California do enact as follows: + + +SECTION 1. +This act is known, and may be cited, as the 2024 Olympic Games and Paralympic Games Act. +SEC. 2. +For purposes of this act: +(a) “Endorsing municipality” means the City of Los Angeles, which has authorized a bid by the Organizing Committee for the Olympic Games (OCOG) for selection of the municipality as the site of the games. +(b) “Games” means the 2024 Olympic and Paralympic Games. +(c) “Games support contract” means a joinder agreement or a similar contract executed by the Governor and containing terms permitted or required by this act. +(d) “Joinder agreement” means an agreement in connection with the selection of a site in this state for the location of the games. +(e) “OCOG” means a nonprofit corporation, or its successor in interest, that: +(1) Has been authorized by the endorsing municipality to pursue an application and bid on the endorsing municipality’s behalf to a site selection organization for selection as the site for the games. +(2) With the authorization of the endorsing municipality, has executed a bid committee agreement with the United States Olympic Committee regarding a bid and the bid process to host the games. +(f) “Site selection organization” means the International Olympic Committee, the International Paralympic Committee, or both, as applicable. +(g) “State security” means the financial obligation, not to exceed two hundred fifty million dollars ($250,000,000), undertaken by the state pursuant to a games support contract executed by the Governor in accordance with this act. +SEC. 3. +The Legislature finds and declares all of the following: +(a) The purpose of this act is to provide assurances required by a site selection organization that will select a city to host the games. +(b) Hosting the games in California is expected to generate billions of dollars for the state’s economy. The OCOG, on behalf of the endorsing municipality, has developed a self-sufficient bid and plan for financing the games that is based on realistic and conservative revenue scenarios and has budgeted sufficient funds to reimburse local and regional governments for services provided during the games. +(c) The endorsing municipality plans to host a sustainable and environmentally responsible games, has committed to sports and recreational opportunities for young people throughout each area by planning to generate a legacy for youth programs and other sports purposes in this state with excess revenues from the games, and plans to develop and implement a unique and broad-based, cultural program. +(d) The endorsing municipality will involve athletes, sports professionals, environmentalists, business and financial experts, nonprofit organizations, youth service leaders, and individuals who represent the entire diversity of the endorsing municipality’s state in its bid. +(e) The endorsing municipality expects that if it is chosen as the host city, and once the games have concluded, there will be net revenue exceeding expenses that can be devoted to legacy programs for youth and citizens of California. +SEC. 4. +(a) The Governor may execute games support contracts on behalf of the state that, in accordance with law and subject to the requirements and limitations set forth in Sections 5, 6, and 7 of this act, accept financial liability, funded solely by means of the funding mechanism established by Sections 5, 6, and 7 of this act, and in an aggregate amount that under no circumstance shall exceed two hundred fifty million dollars ($250,000,000), to provide the state security for the following: +(1) Amounts owed by the OCOG to a site selection organization for claims by third parties arising out of or relating to the games. +(2) Any financial deficit accruing to the OCOG as a result of the hosting of the games by the endorsing municipality. Any liability for an amount in excess of the state security of two hundred fifty million dollars ($250,000,000) shall be the responsibility of parties other than the state. +(b) The games support contracts may contain additional provisions that the Governor requires in order to carry out the purposes of this act. +SEC. 5. +(a) There is hereby established in the State Treasury a special fund to be known as the “Olympic Games Trust Fund.” +(b) The state may choose to fund the Olympic Games Trust Fund in any manner it considers appropriate and at the time or times the state determines necessary. It is the intent of the Legislature that the funding mechanism for the fund shall be determined on or about the time of the selection of the endorsing municipality as the host city by the site selection organizations. +(c) The funds in the trust fund may be used only for the sole purpose of fulfilling the obligations of the state under a games support contract to provide the state security. Notwithstanding any other law, the Controller may use the funds in the trust fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. +(d) No additional state funds shall be deposited into the Olympic Games Trust Fund once the Director of Finance determines that the account has achieved, or is reasonably expected to otherwise accrue, the balance necessary to provide the state security pursuant to a games support contract. +(e) If the endorsing municipality is selected by the site selection organization as the host city for the games, the Olympic Games Trust Fund shall be maintained until the Director of Finance makes a determination that the state’s obligation to provide the state security under a games support contract has been satisfied and concluded, at which time the trust fund shall be terminated. +(f) If the endorsing municipality in the State of California is not selected by the site selection organization as the host city for the games, the Olympic Games Trust Fund shall be immediately terminated. +(g) Upon the termination of the Olympic Games Trust Fund, all sums earmarked, transferred, or contained in the fund, along with any investment earnings retained in the fund, shall immediately revert to the General Fund. +SEC. 6. +(a) Any moneys deposited, transferred, or otherwise contained in the Olympic Games Trust Fund established in Section 5 shall be, upon appropriation by the Legislature, used for the sole purpose of providing the state security under a games support contract. The state security may be provided by moneys contained in the trust fund established in Section 5 of this act, or by insurance coverage, letters of credit, or other secured instruments purchased or secured by the moneys, or by any combination thereof as specified in a games support contract. In no event may the liability of the state under all games support contracts, any other agreements related to the conduct of the games, and all financial obligations of the state otherwise arising under this act, exceed two hundred fifty million dollars ($250,000,000) in the aggregate. +(b) Obligations authorized by this act shall be payable solely from the Olympic Games Trust Fund. Neither the full faith and credit nor the taxing power of the state are or shall be pledged for any payment under any obligation authorized by this act. +SEC. 7. +The state shall, subject to the limitations set forth in Sections 5 and 6 of this act and the games support contract, be the payer of last resort with regard to the use of the state security. The state security may not be accessed to cover any obligation of the state under a games support contract until after all of the following occur: +(a) The security provided by the OCOG is fully expended and exhausted. +(b) The endorsing municipality has expended and exhausted at least two hundred fifty million dollars ($250,000,000) of the endorsing municipality’s security. +(c) Any security provided by any other person or entity is fully expended and exhausted. +(d) The limits of available insurance policies have been fully expended and exhausted. +(e) The OCOG has exhausted all efforts to seek payment from all third parties owing moneys or otherwise liable to the OCOG. +SEC. 8. +The OCOG shall list the state as an additional insured on any policy of insurance purchased by the OCOG to be in effect in connection with the preparation for and conduct of the games. +SEC. 9. +The OCOG shall not engage in any conduct that reflects unfavorably upon this state, the endorsing municipality, or the games, or that is contrary to law or to the rules and regulations of the United States Olympic Committee and the International Olympic and Paralympic Committees.","Existing law provides specified requirements in awarding certain public contracts. +This bill would authorize the Governor to execute games support contracts, not to exceed a specified amount, in connection with the site selection process for the City of Los Angeles to become the host for the 2024 Olympic Games and Paralympic Games, that accept financial liability to provide the state security for amounts owed by the Organizing Committee for the Olympic Games (OCOG), as specified, and for any financial deficit accruing to the OCOG as a result of the hosting of the games by the endorsing municipality, as defined. +This bill would make legislative findings and declarations that, among other things, the endorsing municipality has developed a self-sufficient bid for financing the games.",An act relating to public contracts. +397,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1341.45 of the Health and Safety Code is amended to read: +1341.45. +(a) There is hereby created in the State Treasury the Managed Care Administrative Fines and Penalties Fund. +(b) The fines and administrative penalties collected pursuant to this chapter, on and after September 30, 2008, shall be deposited into the Managed Care Administrative Fines and Penalties Fund. +(c) The fines and administrative penalties deposited into the Managed Care Administrative Fines and Penalties Fund shall be transferred by the department, annually, as follows: +(1) The first one million dollars ($1,000,000) shall be transferred to the Medically Underserved Account for Physicians within the Health Professions Education Fund and shall, upon appropriation by the Legislature, be used for the purposes of the Steven M. Thompson Physician Corps Loan Repayment Program, as specified in Article 5 (commencing with Section 128550) of Chapter 5 of Part 3 of Division 107 and, notwithstanding Section 128555, shall not be used to provide funding for the Physician Volunteer Program. +(2) Until January 1, 2017, any amount over the first one million dollars ($1,000,000), including accrued interest, in the fund shall be transferred to the Major Risk Medical Insurance Fund continued pursuant to Section 15893 of the Welfare and Institutions Code and shall, upon appropriation by the Legislature, be used for the Major Risk Medical Insurance Program for the purposes specified in Section 15894 of the Welfare and Institutions Code. +(3) On and after January 1, 2017, and annually thereafter, the second one million dollars ($1,000,000) shall be transferred to the Major Risk Medical Insurance Fund continued pursuant to Section 15893 of the Welfare and Institutions Code and shall, upon appropriation by the Legislature, be used for the Major Risk Medical Insurance Program for the purposes specified in Section 15894 of the Welfare and Institutions Code. +(4) (A) On and after January 1, 2017 any amount over the first two million dollars ($2,000,000), including accrued interest, in the fund shall be transferred to the Medically Underserved Account for Physicians within the Health Professions Education Fund and shall, upon appropriation by the Legislature, and subject to subparagraph (B), be used for the purposes of the Steven M. Thompson Physician Corps Loan Repayment Program, as specified in Article 5 (commencing with Section 128550) of Chapter 5 of Part 3 of Division 107 and, notwithstanding Section 128555, shall not be used to provide funding for the Physician Volunteer Program. +(B) +One-half +Up to one-half +of the moneys deposited into the Medically Underserved Account for Physicians within the Health Professions Education Fund under this paragraph +shall, upon appropriation by the Legislature, be used +may be prioritized +to fund the repayment of +loans +loans +pursuant to paragraph (2) of subdivision (d) of Section 128553 +for those +physicians providing psychiatric services or those physicians whose primary specialty is psychiatry +program applicants who are trained in, and practice, psychiatry, +under the Steven M. Thompson Physician Corps Loan Repayment +Program, as specified in Article +Program (Article +5 (commencing with Section 128550) of Chapter 5 of Part 3 of Division +107. +107). +(d) Notwithstanding subdivision (b) of Section 1356 and Section 1356.1, the fines and administrative penalties authorized pursuant to this chapter shall not be used to reduce the assessments imposed on health care service plans pursuant to Section 1356. +SEC. 2. +Section 128551 of the Health and Safety Code is amended to read: +128551. +(a) It is the intent of this article that the Health Professions Education Foundation and the office provide the ongoing program management of the two programs identified in subdivision (b) of Section 128550 as a part of the California Physician Corps Program. +(b) For purposes of subdivision (a), the foundation shall consult with the Medical Board of California, Office of Statewide Health Planning and Development, and shall establish and consult with an advisory committee of not more than seven members, that shall include two members recommended by the California Medical Association and may include other members of the medical community, including ethnic representatives, medical schools, health advocates representing ethnic communities, primary care clinics, public hospitals, and health systems, statewide agencies administering state and federally funded programs targeting underserved communities, and members of the public with expertise in health care issues. +SEC. 3. +Section 128552 of the Health and Safety Code is amended to read: +128552. +For purposes of this article, the following definitions shall apply: +(a) “Account” means the Medically Underserved Account for Physicians established within the Health Professions Education Fund pursuant to this article. +(b) “Foundation” means the Health Professions Education Foundation. +(c) “Fund” means the Health Professions Education Fund. +(d) “Medi-Cal threshold languages” means primary languages spoken by limited-English-proficient (LEP) population groups meeting a numeric threshold of 3,000, eligible LEP Medi-Cal beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal beneficiaries residing in two contiguous ZIP Codes. +(e) “Medically underserved area” means an area defined as a health professional shortage area in Part 5 (commencing with Section 5.1) of Subchapter A of Chapter 1 of Title 42 of the Code of Federal Regulations or an area of the state where unmet priority needs for physicians exist as determined by the California Healthcare Workforce Policy Commission pursuant to Section 128225. +(f) “Medically underserved population” means the Medi-Cal program and uninsured populations. +(g) “Office” means the Office of Statewide Health Planning and Development (OSHPD). +(h) “Physician Volunteer Program” means the Physician Volunteer Registry Program established by the Medical Board of California. +(i) “Practice setting,” for the purposes of this article only, means either of the following: +(1) A community clinic as defined in subdivision (a) of Section 1204 and subdivision (c) of Section 1206, a clinic owned or operated by a public hospital and health system, or a clinic owned and operated by a hospital that maintains the primary contract with a county government to fulfill the county’s role pursuant to Section 17000 of the Welfare and Institutions Code, which is located in a medically underserved area and at least 50 percent of whose patients are from a medically underserved population. +(2) A physician owned and operated medical practice setting that provides primary care +or psychiatric services +located in a medically underserved area and has a minimum of 50 percent of patients who are uninsured, Medi-Cal beneficiaries, or beneficiaries of another publicly funded program that serves patients who earn less than 250 percent of the federal poverty level. +(j) “Primary specialty” means family practice, internal medicine, pediatrics, +psychiatry, +or obstetrics/gynecology. +(k) “Program” means the Steven M. Thompson Physician Corps Loan Repayment Program. +(l) “Selection committee” means a minimum three-member committee of the board, that includes a member that was appointed by the Medical Board of California. +SEC. 4. +Section 128555.5 is added to the +Health and Safety Code +, to read: +128555.5. +Notwithstanding subdivision (e) of Section 128555, funds deposited into the Medically Underserved Account for Physicians shall not be made available to fund the repayment of loans under the Steven M. Thompson Physician Corps Loan Repayment Program for those physicians providing psychiatric services or those physicians whose primary specialty is psychiatry, except as provided in subparagraph (B) of paragraph (4) of subdivision (c) of Section 1341.45.","Existing law establishes the Steven M. Thompson Physician Corps Loan Repayment Program in the California Physician Corps Program within the Health Professions Education Foundation, which provides financial incentives, including repayment of educational loans, to a physician and surgeon who practices in a medically underserved area, as +defined. +defined, and +who is trained in, and practices, in certain practice settings or primary specialities, as defined. Existing law authorizes the selection committee to fill up to 20% of the available positions with program applicants from specialities outside of the primary specialties, including psychiatry. +Existing law establishes the Medically Underserved Account for Physicians, a continuously appropriated account, within the Health Professions Education Fund that is managed by the Health Professions Education Foundation and the Office of Statewide Health Planning and Development, to primarily provide funding for the ongoing operations of the Steven M. Thompson Physician Corps Loan Repayment Program. +Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and imposes certain requirements on health care service plans. Existing law imposes various fines and administrative penalties on health care service plans for certain violations of the act, which are deposited into the Managed Care Administrative Fines and Penalties Fund. Existing law requires the first $1,000,000 in the fund to be transferred each year to the Medically Underserved Account for Physicians and to be used, upon appropriation by the Legislature, for purposes of the Steven M. Thompson Physician Corps Loan Repayment Program. Existing law requires all remaining funds to be transferred each year to the Major Risk Medical Insurance Fund and to be used, upon appropriation by the Legislature, for purposes of the Major Risk Medical Insurance Program. +This bill would expand the eligibility for loan repayment funds under the Steven M. Thompson Physician Corps Loan Repayment Program to include those physicians providing psychiatric services. The bill would provide that continuously appropriated funds deposited into the Medically Underserved Account for Physicians shall not be made available under the Steven M. Thompson Physician Corps Loan Repayment Program to fund the repayment of loans for those physicians providing psychiatric services or those physicians whose primary specialty is psychiatry, as specified. +The bill would instead require, after the first $1,000,000 is transferred from the Managed Care Administrative Fines and Penalties Fund to the Medically Underserved Account for Physicians, $1,000,000 to be transferred each year to the Major Risk Medical Insurance Fund to be used, upon appropriation by the Legislature, for the Major Risk Medical Insurance Program. The bill would require any amount remaining over the amounts transferred to the Medically Underserved Account for Physicians and the Major Risk Medical Insurance Fund to be transferred each year to the Medically Underserved Account for Physicians to be used, upon appropriation by the Legislature, for the Steven M. Thompson Physician Corps Loan Repayment Program, and provide that one-half of these moneys +are to be used +may be prioritized +to fund the repayment of loans for those +physicians providing psychiatric services or those physicians whose primary specialty is psychiatry +program applicants who are trained in, and practice, psychiatry, +under the Steven M. Thompson Physician Corps Loan Repayment Program. +The bill would also delete a reference to an obsolete program and make other technical, nonsubstantive changes.","An act to amend Sections 1341.45, 128551, and 128552 +of, and to add Section 128555.5 to, +of +the Health and Safety Code, relating to health professions development." +398,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 254.5 of the Revenue and Taxation Code is amended to read: +254.5. +(a) Claims for the welfare exemption and the veterans’ organization exemption shall be filed on or before February 15 of each year with the assessor. +The assessor may not approve a property tax exemption claim until the claimant has been issued a valid organizational clearance certificate pursuant to Section 254.6. Financial statements shall be submitted only if requested in writing by the assessor. +(b) (1) The assessor shall review all claims for the welfare exemption to ascertain whether the property on which the exemption is claimed meets the requirements of Section 214. The assessor shall also review all claims for the veterans’ organization exemption to ascertain whether the property on which the exemption is claimed meets the requirements of Section 215.1. In this connection, the assessor shall consider, among other matters, whether: +(A) Any capital investment of the owner or operator for expansion of a physical plant is justified by the contemplated return thereon, and required to serve the interests of the community. +(B) The property on which the exemption is claimed is used for the actual operation of an exempt activity and does not exceed an amount of property reasonably necessary to the accomplishment of the exempt purpose. +(2) The assessor may institute an audit or verification of the operations of the owner or operator of the applicant’s property to ascertain whether both the owner and operator meet the requirements of Section 214. +(c) (1) The assessor may deny a claim for the welfare exemption on a property, notwithstanding that the claimant has been granted an organizational clearance certificate by the board. +(2) If the assessor finds that the claimant’s property is ineligible for the welfare exemption or the veterans’ organization exemption, the assessor shall notify the claimant in writing of all of the following: +(A) That the property is ineligible for the exemption. +(B) That the claimant may seek a refund of property taxes paid by filing a refund claim with the county. +(C) That if the claimant’s refund claim with the county is denied, the claimant may file a refund action in superior court. +(d) Notwithstanding subdivision (a), an applicant, granted a welfare exemption and owning any property exempted pursuant to Section 214.15 or Section 231, shall not be required to reapply for the welfare exemption in any subsequent year in which there has been no transfer of, or other change in title to, the exempted property and the property is used exclusively by a governmental entity or by a nonprofit corporation described in Section 214.15 for its interest and benefit. The applicant shall notify the assessor on or before February 15 if, on or before the preceding lien date, the applicant became ineligible for the welfare exemption or if, on or before that lien date, the property was no longer owned by the applicant or otherwise failed to meet all requirements for the welfare exemption. +Prior to the lien date, the assessor shall annually mail a notice to every applicant relieved of the requirement of filing an annual application by this subdivision. +The notice shall be in a form and contain that information that the board may prescribe, after consultation with the California Assessors’ Association, and shall set forth the circumstances under which the property may no longer be eligible for exemption, and advise the applicant of the duty to inform the assessor if the property is no longer eligible for exemption. +The notice shall inform any applicant desiring to maintain eligibility for the welfare exemption under Section 214.15 or Section 231 for the next fiscal year of the procedure to reaffirm exemption eligibility. The failure to reaffirm eligibility for the exemption does not of itself constitute a waiver of exemption as called for by the California Constitution, but may result in additional contact by the assessor to verify exempt activity. + +(e) Upon any indication that a welfare exemption or veterans’ organization exemption on the property has been incorrectly granted, the assessor shall redetermine eligibility for the exemption. If the assessor determines that the property, or any portion thereof, is no longer eligible for the exemption, he or she shall immediately cancel the exemption on so much of the property as is no longer eligible for the exemption. +(f) If a welfare exemption or veterans’ organization exemption on the property has been incorrectly allowed, an escape assessment as provided by Article 4 (commencing with Section 531) of Chapter 3 in the amount of the exemption, with interest as provided in Section 506, shall be made, and a penalty shall be assessed for any failure to notify the assessor as required by this section in an amount equaling 10 percent of the escape assessment, but may not exceed two hundred fifty dollars ($250). +(g) Pursuant to Section 15640 of the Government Code, the board shall review the assessor’s administration of the welfare exemption and the veterans’ organization exemption as part of the board’s survey of the county assessment roll to ensure the proper administration of the exemption. +SEC. 2. +Section 1840 of the Revenue and Taxation Code is amended to read: +1840. +If any county, city and county, or municipal corporation desires to secure a review, equalization, or adjustment of the assessment of its property by the board pursuant to subdivision (g) of Section 11 of Article XIII of the California Constitution, it shall apply to the board for that review, equalization, or adjustment in writing on or before November 30. If the assessment objected to is one made outside the regular period for those assessments, the application for review shall be filed with the board within 60 days from the date the tax bill is mailed to the assessee. +Every application shall show the facts claimed to require action of the board, and a copy of the application shall be filed with the assessor whose assessment is questioned. Upon receipt of a timely application, the board shall afford the applicant notice and a hearing in accordance with any rules and regulations as the board may prescribe. The failure to file a timely application shall bar the applicant from relief under subdivision (g) of Section 11 of Article XIII or this section. +SEC. 3. +Section 4674 of the Revenue and Taxation Code is amended to read: +4674. +Any excess in the proceeds deposited in the delinquent tax sale trust fund remaining after satisfaction of the amounts distributed under Sections 4672, 4672.1, 4672.2, 4673, and 4673.1 shall be retained in the fund on account of, and may be claimed by parties of interest in the property as provided in, Section 4675. At the expiration of the period specified in subdivision (e) of Section 4675, any excess proceeds not claimed under Section 4675 may be transferred to the county general fund of the county by the county auditor, except that prior to the transfer, the county may deduct those costs of maintaining the redemption and tax-defaulted property files, and those costs of administering and processing the claims for excess proceeds, that have not been recovered under any other law.","Existing law relieves applicants granted a welfare exemption and owning certain exempt property from reapplying for the welfare exemption in any subsequent year in which there has been no transfer of, or other change in title to, the exempted property and the property is used exclusively by a governmental entity or by a nonprofit corporation, as specified. Existing law requires the assessor to annually mail a notice to every applicant relieved of the requirement of filing an annual application as so described and requires the notice to be in a form and contain that information that the State Board of Equalization may prescribe. Existing law also requires the notice to include a card that is to be returned to the assessor by an applicant desiring to maintain eligibility for the welfare exemption. +This bill would instead require the State Board of Equalization to prescribe the form and content of the notice after consultation with the California Assessors’ Association. The bill would eliminate the requirement that the notice include a card and would instead require the notice to inform any applicant desiring to maintain eligibility for the welfare exemption for the next fiscal year of the procedure to reaffirm exemption eligibility. +The California Constitution generally exempts real property that is owned by a local government from property taxation, but provides that real property owned by a local government that is located outside its boundaries is taxable if it was taxable when acquired. Existing law authorizes a county, city and county, or municipal corporation that owns taxable property to apply to the State Board of Equalization for a review, equalization, or adjustment of a property tax assessment relating to this publicly owned property. Existing law requires that this application be submitted to the board on or before the later of either July 20 or within 2 weeks of the date upon which a county assessor delivers the local roll containing that assessment to the county auditor. +This bill would instead require that this application be submitted to the board on or before November 30. +Existing law generally authorizes a county tax collector to sell tax-defaulted property 5 years or more, or 3 years or more, as applicable, after that property has become tax defaulted. Existing law requires the proceeds from the sale of tax-defaulted property to be deposited in the delinquent tax sale trust fund and requires the proceeds in the fund to be distributed in a specified manner. Existing law requires any excess proceeds remaining in the delinquent tax sale trust fund after distribution of the proceeds to be retained in the fund subject to being claimed by parties of interest, as provided. Existing law, at the expiration of a specified time period, authorizes any excess proceeds not claimed to be transferred to the county general fund. +This bill would authorize the county to deduct certain costs prior to transferring any excess proceeds not claimed to the county general fund.","An act to amend Sections 254.5, 1840, and 4674 of the Revenue and Taxation Code, relating to taxation." +399,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 42010 of the Revenue and Taxation Code is amended to read: +42010. +(a) (1) On and after January 1, 2016, a prepaid MTS surcharge shall be imposed on each prepaid consumer and shall be collected by a seller from each prepaid consumer at the time of each retail transaction in this state. The prepaid MTS surcharge shall be imposed as a percentage of the sales price of each retail transaction that occurs in this state. +(2) The prepaid MTS surcharge shall be in lieu of any charges imposed pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) and the Public Utilities Commission surcharges for prepaid mobile telephony services. +(b) The prepaid MTS surcharge shall be annually calculated by the board by no later than November 1 of each year commencing November 1, 2015, by adding the following: +(1) The surcharge rate reported pursuant to subdivision (d) of Section 41030. +(2) The Public Utilities Commission’s reimbursement fee and telecommunications universal service surcharges, established by the Public Utilities Commission pursuant to subdivisions (b) and (c) of Section 319 of the Public Utilities Code. +(c) (1) The board shall post, for each local jurisdiction, the combined total of the rates of prepaid MTS surcharge and the rate or rates of local charges, as calculated pursuant to Sections 42102 and 42102.5, that each local jurisdiction has adopted, not later than December 1 of each year, on its Internet Web site. The posted combined rate shall be the rate that applies to all retail transactions during the calendar year beginning April 1 following the posting. +(2) Notwithstanding paragraph (1), if a local agency notifies the board pursuant to subdivision (d) of Section 42101.5 that the posted rate is inaccurate or it no longer imposes a local charge or local charges or that the rate of its local charge or local charges has decreased, the board shall promptly post a recalculated rate that is applicable to the jurisdiction of that local agency. The change shall become operative on the first day of the calendar quarter commencing more than 60 days from the date the local agency notifies the board of the inaccuracy or that it no longer imposes a local charge or that the rate of its local charge has decreased. Nothing in this section modifies the notice obligations of Section 799 of the Public Utilities Code. However, beginning January 1, 2016, the notification and implementation requirements of paragraphs (5) and (6) of subdivision (a) of Section 799 of the Public Utilities Code shall not apply to prepaid mobile telephony services. +(3) The board shall also separately post on its Internet Web site the individual rates for each of the following: +(A) Each of the Public Utilities Commission surcharges that make up the Public Utilities Commission surcharge portion of the prepaid MTS surcharge, as reported pursuant to Section 319 of the Public Utilities Code. +(B) The rate for the emergency telephone users surcharge reported pursuant to subdivision (d) of Section 41030. +(C) Each of the individual local charges reported pursuant to Section 42101.5. +(4) A seller collecting the prepaid MTS surcharge and local charges pursuant to this part and Part 21.1 (commencing with Section 42100) may rely upon the accuracy of the information posted on the board’s Internet Web site in collecting and remitting all amounts of the prepaid MTS surcharge and local charges. +(d) (1) Except for amounts retained pursuant to subdivision (e), and except as provided in subdivision (f) for a seller that is a direct seller, all amounts of the prepaid MTS surcharge and local charges collected by sellers shall be remitted to the board pursuant to Chapter 3 (commencing with Section 42020). +(2) A seller that is authorized to provide lifeline service under the state lifeline program or federal lifeline program, that sells prepaid mobile telephony services directly to the prepaid customer, shall remit the prepaid MTS surcharge to the board, less any applicable exemption from the surcharge that is applicable to the retail transaction pursuant to Section 42012. +(e) A seller that is not a direct seller shall be permitted to deduct and retain an amount equal to 2 percent of the amounts that are collected by the seller from prepaid consumers for the prepaid MTS surcharge and local charges, on a pro rata basis, according to that portion of the revenues collected by the seller for each of the following: +(1) The emergency telephone users surcharge. +(2) The Public Utilities Commission surcharges. +(3) Local charges. +(f) A direct seller shall remit the prepaid MTS surcharge and local charges as follows: +(1) That portion of the prepaid MTS surcharge that consists of the Public Utilities Commission surcharges shall be remitted to the commission with those reports required by the commission. The amounts remitted to the Public Utilities Commission pursuant to this paragraph shall be deposited into the respective universal service funds created pursuant to Chapter 1.5 (commencing with Section 270) of Part 1 of Division 1 of the Public Utilities Code and to the Public Utilities Commission Utilities Reimbursement Account described in Chapter 2.5 (commencing with Section 401) of Part 1 of Division 1 of the Public Utilities Code. +(2) That portion of the prepaid MTS surcharge that consists of the emergency telephone users surcharge shall be remitted to the board pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) for those retail transactions with a prepaid consumer in the state, with a return filed with the board using electronic media. The amount remitted to the board pursuant to this paragraph shall be deposited into the State Emergency Telephone Number Account in the General Fund. +(3) Local charges, if applicable, shall be remitted to the local jurisdiction or local agency imposing the local charge. Remittance of the local charges shall be separately identified from any other local taxes or other charges that are remitted to the local jurisdiction or local entity imposing the local tax or other charge. The amounts remitted to the local jurisdiction or local agency imposing the local charge pursuant to this paragraph shall be deposited into the respective local jurisdiction or local agency account. +(g) A direct seller shall utilize the amounts posted by the board pursuant to subdivision (c) when determining what amounts to remit to the Public Utilities Commission, the board, and each local jurisdiction or local agency. +(h) A prepaid MTS provider shall offer prepaid consumers the option to make payment for additional prepaid usage directly to the prepaid MTS provider at the provider’s retail location or Internet Web site. +(i) The amount of the combined prepaid MTS surcharge and local charges shall be separately stated on an invoice, receipt, or other similar document that is provided to the prepaid consumer of mobile telephony services by the seller, or otherwise disclosed electronically to the prepaid consumer, at the time of the retail transaction. +(j) The prepaid MTS surcharge that is required to be collected by a seller and any amount unreturned to the prepaid consumer of mobile telephony services that is not owed as part of the surcharge, but was collected from the prepaid consumer under the representation by the seller that it was owed as part of the surcharge, constitute debts owed by the seller to this state. The local charge that is required to be collected by a seller and any amounts unreturned to the prepaid consumer of mobile telephony services that are not owed as part of the local charge, but that were collected from the prepaid consumer under the representation by the seller that they were owed as part of the local charge, constitute debts owed by the seller jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing that local charge. +(k) A seller that has collected any amount of prepaid MTS surcharge and local charges in excess of the amount of the surcharge imposed by this part and actually due from a prepaid consumer may refund that amount to the prepaid consumer, even though the surcharge amount has already been paid over to the board and no corresponding credit or refund has yet been secured. Any seller making a refund of any charge to a prepaid consumer may repay therewith the amount of the surcharge paid. +(l) (1) Every prepaid consumer of mobile telephony services in this state is liable for the prepaid MTS surcharge and any local charges until they have been paid to this state, except that payment to a seller registered under this part relieves the prepaid consumer from further liability for the surcharge and local charges. Any surcharge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed to the state by the person required to collect and remit the surcharge. Any local charge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing the local charge by the person required to collect and remit the local charge. Nothing in this part shall impose any obligation upon a seller to take any legal action to enforce the collection of the surcharge or local charge imposed by this section. +(2) A credit shall be allowed against, but shall not exceed, the prepaid MTS surcharge and local charges imposed on any prepaid consumer of mobile telephony services by this part to the extent that the prepaid consumer has paid emergency telephone users charges, state utility regulatory commission fees, state universal service charges, or local charges on the purchase to any other state, political subdivision thereof, or the District of Columbia. The credit shall be apportioned to the charges against which it is allowed in proportion to the amounts of those charges. +(m) (1) A seller is relieved from liability to collect the prepaid MTS surcharge imposed by this part that became due and payable, insofar as the base upon which the surcharge is imposed is represented by accounts that have been found to be worthless and charged off for income tax purposes by the seller or, if the seller is not required to file income tax returns, charged off in accordance with generally accepted accounting principles. A seller that has previously paid the surcharge may, under rules and regulations prescribed by the board, take as a deduction on its return the amount found worthless and charged off by the seller. If any such accounts are thereafter in whole or in part collected by the seller, the amount so collected shall be included in the first return filed after such collection and the surcharge shall be paid with the return. +(2) The board may by regulation promulgate such other rules with respect to uncollected or worthless accounts as it shall deem necessary to the fair and efficient administration of this part. +SEC. 2. +Section 42014 of the Revenue and Taxation Code is amended to read: +42014. +(a) For purposes of this part, a retail transaction occurs in the state under any of the following circumstances: +(1) The prepaid consumer makes the retail transaction in person at a business location in the state (point-of-sale transaction). +(2) If paragraph (1) is not applicable, the prepaid consumer’s address is in the state (known-address transaction). A known-address transaction occurs in the state under any of the following circumstances: +(A) The retail sale involves shipping of an item to be delivered to, or picked up by, the prepaid consumer at a location in the state. +(B) If the prepaid consumer’s address is known by the seller to be in the state, including if the seller’s records maintained in the ordinary course of business indicate that the prepaid consumer’s address is in the state and the records are not made or kept in bad faith. +(C) The prepaid consumer provides an address during consummation of the retail transaction that is in the state, including an address provided with respect to the payment instrument if no other address is available and the address is not given in bad faith. +(3) If an address is not available to the seller to determine whether any of the circumstances in paragraph (2) exist, the transaction will be deemed to be a known-address transaction occurring in this state if the mobile telephone number is associated with a location in this state. +(b) (1) A retail transaction shall occur at only one location for purposes of determining local charges. If the retail transaction is a point-of-sale transaction, the consumption of, use of, or access to, the prepaid mobile telephony service shall be presumed to be at that location. +(2) If the retail transaction is a known-address transaction, the location shall be as determined in descending order beginning with subparagraph (A) of paragraph (2) of subdivision (a); if subparagraph (A) of that paragraph is inapplicable, then pursuant to subparagraph (B) of that paragraph; if both subparagraphs (A) and (B) of that paragraph are inapplicable, then subparagraph (C) of that paragraph; and if subparagraphs (A), (B), and (C) of that paragraph are inapplicable, then paragraph (3) of subdivision (a). In a known-address transaction, the consumption of, use of, or access to, the prepaid mobile telephony service shall be presumed to be at the known address. +(c) (1) A seller that relies in good faith on information provided by the board to match the location of a point-of-sale transaction to the applicable prepaid MTS surcharge amount and local charges, that collects that amount from the prepaid consumer, and that remits the amount to the board in compliance with this part, shall not be liable for any additional MTS surcharge or local charges and shall not be required to refund any amounts collected and paid to the board to the prepaid consumer. +(2) For a known-address transaction, the seller may collect the prepaid MTS surcharge and local charges that correspond to the five-digit postal ZIP Code of the prepaid consumer’s address. A seller that, with due diligence and in good faith, relies on credible information to match the five-digit postal ZIP Code of the prepaid consumer’s address to the applicable prepaid MTS surcharge and local charges amount, that collects that amount from the prepaid consumer, and that remits the amount to the board in compliance with this part, shall not be liable for any additional MTS surcharge or local charges and shall not be required to refund any amounts collected and paid to the board to the prepaid consumer, even if the five-digit postal ZIP Code of the prepaid consumer’s address that the seller uses corresponds to more than one local charge. +SEC. 3. +Section 42022 of the Revenue and Taxation Code is amended to read: +42022. +Every seller, except a seller that is not required to collect the prepaid MTS surcharge pursuant to Section 42010.7 and local charges pursuant to Section 42101.7, shall register with the board. Nothing in this section prevents a seller from registering with the board on a voluntary basis to collect and remit the surcharge even if the seller meets the de minimis sales threshold provided by Sections 42010.7 and 42101.7. The board shall establish a method for registration of sellers under this part that utilizes the existing registration process for a seller’s permit established pursuant to Section 6066 of the Sales and Use Tax Law (Part 1 (commencing with Section 6001)). Every application for registration shall be made upon a form prescribed by the board and shall set forth the name under which the applicant transacts or intends to transact business, the location of its place or places of business, and such other information as the board may require. An application for registration shall be authenticated in a form or pursuant to methods as may be prescribed by the board.","The Prepaid Mobile Telephony Services Surcharge Collection Act establishes a prepaid MTS surcharge, as defined, based upon a percentage of the sales price of each retail transaction that occurs in this state for prepaid mobile telephony services, as defined, that is imposed in lieu of any charges imposed pursuant to the Emergency Telephone Users Surcharge Act and specified Public Utility Commission surcharges. The act requires, on and after January 1, 2016, and before January 1, 2020, the prepaid MTS surcharge imposed by that act on a prepaid consumer to be collected by a seller, as defined, from each prepaid consumer at the time of each retail transaction that occurs in this state. The act specifies the circumstances for determining when a transaction occurs in the state. +This bill would make correct an erroneous cross-reference and make minor revisions in the requirements relative to imposition of the prepaid MTS surcharge and the circumstances for determining when a transaction occurs in the state. +The act requires every seller to register with the State Board of Equalization. The act, commencing January 1, 2017, exempts a seller, other than a direct seller, with de minimis sales of prepaid mobile telephony services of less than $15,000 during the previous calendar year from collecting the prepaid MTS surcharge, and requires the Department of Finance to annually review and adjust that de minimis sales threshold, as provided. +This bill would exempt from the registration requirement those sellers with de minimis sales of prepaid mobile telephony services, but would not prevent those sellers from registering with the board on a voluntary basis to collect and remit the surcharge.","An act to amend Sections 42010, 42014, and 42022 of the Revenue and Taxation Code, relating to telecommunications." diff --git a/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-2.csv b/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-2.csv new file mode 100644 index 0000000000..0ba7350209 --- /dev/null +++ b/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-2.csv @@ -0,0 +1,12463 @@ +Unnamed: 0,text,summary,title +400,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The Isla Vista community encompasses a population of approximately 15,000 residents situated within approximately a half square mile of land in Santa Barbara County. It is adjacent to the University of California, Santa Barbara (UCSB) campus and its student population, of which approximately 8,000 students reside in university owned housing. Including university property, the area totals about 1,200 acres. Isla Vista represents one of the largest urban communities in California not governed as a city. +(b) Isla Vista faces various challenges in local governance. As a university community, Isla Vista must accommodate the service needs associated with its transient student population and a predominantly renter-oriented community while balancing the needs of local homeowners and long-term residents. Isla Vista’s situation is complicated by its unincorporated status, which limits its local participation in managing public services and providing needed public improvements. +(c) As an unincorporated area, various county agencies provide services to the residents and businesses of Isla Vista. Since these agencies must provide services throughout the whole county, Isla Vista must compete for attention and funding for the services they need. Isla Vista is represented at the county level by one of five supervisors and is situated in the largest and most diverse geographic supervisorial district in the county. +(d) The Isla Vista Recreation and Park District is the only local district providing limited services exclusively to Isla Vista. Due to its stewardship of protected wetlands and the coastline, as well as the dwindling amount of available open space, the Isla Vista Recreation and Park District should remain an independent district. +(e) There have been multiple attempts at achieving cityhood for Isla Vista; however, cityhood has been denied for a variety of reasons, including financial and political feasibility. In 2003, the Santa Barbara County Grand Jury found that establishing a community services district would be the best governance option to expand and improve services to Isla Vista; however, no action was taken by the community at that time. +(f) Over the last year, the Isla Vista community has been faced with many challenges due to tragic events, including multiple injuries from students falling off cliffs, multiple violent sexual assaults, riots, a mass murder, and homicides that have brought focus to the unique needs of Isla Vista that can only be addressed by direct, local governance. Following these events, a local coalition was formed to determine the best direction for Isla Vista self-governance and the community services district has garnered much local support. +(g) Additionally, following these events, many trustees on the UC Santa Barbara Foundation Board expressed a strong desire to support the chancellor and the university in efforts to create change in Isla Vista, to ensure a safer and more enhanced community for students. The UC Santa Barbara Foundation Trustees’ Advisory Committee on Isla Vista Strategies was formed to analyze the conditions and dynamics of Isla Vista and develop mid- and long-term recommendations to establish a viable, safe, and supportive environment. Among their recommendations is that the State of California create a Community Services District/Municipal Improvement District in Isla Vista with potential powers of infrastructure, utilities, garbage, police services, parks, recreation, cultural facilities, fire, security, and roads. +SEC. 2. +Part 4 (commencing with Section 61250) is added to Division 3 of Title 6 of the Government Code, to read: +PART 4. Isla Vista Community Services District +61250. +(a) Notwithstanding Chapter 2 (commencing with Section 61010) of Part 1, the Isla Vista Community Services District may be established in accordance with this part. All other provisions of this division shall apply to the Isla Vista Community Services District upon its establishment, except as provided in this part. +(b) (1) On or before January 5, 2016, the Board of Supervisors of the County of Santa Barbara shall file a resolution of application with the Santa Barbara County Local Agency Formation Commission, pursuant to subdivision (a) of Section 56654, to initiate a comprehensive review and recommendation of the formation of the district by the Santa Barbara County Local Agency Formation Commission. The board of supervisors shall pay any fees associated with the resolution of application. +(2) The Santa Barbara County Local Agency Formation Commission shall complete the review no later than 150 days following receipt of the completed resolution of application. Notwithstanding any other law, the Santa Barbara County Local Agency Formation Commission shall not have the power to disapprove the resolution of application. +(3) Notwithstanding any other law, the resolution of application filed by the board of supervisors pursuant to this subdivision shall not be subject to any protest proceedings. +(c) (1) The Santa Barbara County Local Agency Formation Commission shall order the formation of the district subject to a vote of the registered voters residing within the boundaries of the district, as those boundaries are set forth in subdivision (f), at an election following the completion of the review pursuant to subdivision (b). If a majority of voters within the boundaries of the district, as specified in subdivision (f), vote in favor of the district, the district shall be formed in accordance with this part. +(2) (A) The Santa Barbara Local Agency Formation Commission shall determine the appropriate rate of taxation for a utility user tax, applicable utilities to be taxed, and which services the district will be initially authorized to provide, pursuant to subdivision (d) and paragraph (5) of subdivision (g). The rate shall be no lower than 5 percent and no higher than 8 percent of the total cost of an individual’s service charge for the utility being taxed. +(B) The utility user tax shall only be applied to electricity, garbage disposal, gas, sewage, or water services. +(3) If the voters of the district do not vote to impose a utility user tax within the district on or before January 1, 2023, regardless of whether the establishment of the district is approved by the voters of the district, the district shall be dissolved as of that date. +(4) The Santa Barbara Local Agency Formation Commission shall direct the Santa Barbara County Board of Supervisors to direct county officials to conduct the necessary elections on behalf of the proposed district and place the items on the ballot including district approval, candidates for the district’s board, and the utility user tax pursuant to subparagraph (A) of paragraph (2) at the next countywide election, as provided in subdivision (f) of Section 61014. +(d) (1) The initial utility user tax imposed by the district shall only be used to fund the following services and powers of the district: +(A) Finance the operations of municipal advisory councils formed pursuant to Section 31010. +(B) Create a tenant mediation program. +(C) Finance the operations of area planning commissions formed pursuant to Section 65101. +(D) Exercise the powers of a parking district, in the same manner as a parking district formed pursuant to the Parking District Law of 1951 (Part 4 (commencing with Section 35100) of Division 18 of the Streets and Highways Code). +(E) Contract with the County of Santa Barbara or the Regents of the University of California, or both, for additional police protection services to supplement the level of police protection services already provided by either the County of Santa Barbara or the Regents of the University of California within the area of the district. +(F) Acquire, construct, improve, maintain, and operate community facilities, including, but not limited to, community centers, libraries, theaters, museums, cultural facilities, and child care facilities. +(G) Acquire, construct, improve, and maintain sidewalks, lighting, gutters, and trees to supplement the level of service already provided by either the County of Santa Barbara or County Service Area 31. The district shall not acquire, construct, improve, or maintain any work owned by another public agency unless that other public agency gives its written consent. +(H) Abate graffiti. +(2) This subdivision shall not be construed to limit the services that may be funded by a tax imposed at a later date. +(e) (1) Notwithstanding Chapter 1 (commencing with Section 61020), Chapter 2 (commencing with Section 61025), and Chapter 3 (commencing with Section 61040) of Part 2, the board of directors of the district shall be composed as follows: +(A) Five members elected at large from within the district as follows: +(i) Four members shall be elected for terms of four years. For the first election of the board of directors of the district, two members shall be elected for a term of two years and two members shall be elected for a term of four years. +(ii) One member shall be elected for a term of two years. +(B) One member appointed by the Board of Supervisors of the County of Santa Barbara for a term of two years for the first appointment following the creation of the district, and for a term of four years thereafter. +(C) One member appointed by the Chancellor of the University of California, Santa Barbara for a term of four years. +(2) (A) There shall be no limit on the number of terms any individual may serve on the board of directors of the district, whether that individual is appointed or elected. +(B) The qualification of candidates for the initial board of directors shall be conducted pursuant to the Uniform District Election Law (Part 4 (commencing with Section 10500) of the Elections Code). +(f) The boundaries of the district shall be contiguous with the area known as County Service Area No. 31 within the County of Santa Barbara and shall exclude any property owned by the Regents of the University of California within those boundaries. +(g) The district may, within its boundaries, do any of the following: +(1) Create a tenant mediation program. +(2) Exercise the powers of a parking district, in the same manner as a parking district formed pursuant to the Parking District Law of 1951 (Part 4 (commencing with Section 35100) of Division 18 of the Streets and Highways Code). +(3) Contract with the County of Santa Barbara or the Regents of the University of California, or both, for additional police protection services to supplement the level of police protection services already provided by either the County of Santa Barbara or the Regents of the University of California within the area of the district. +(4) Acquire, construct, improve, and maintain sidewalks, lighting, gutters, and trees to supplement the level of service provided by either the County of Santa Barbara or County Service Area 31. The district shall not acquire, construct, improve, or maintain any work owned by another public agency unless that other public agency gives its written consent. +(5) Levy a utility user tax proposed by resolution of the board of directors of the district and pursuant to approval by a two-thirds vote in accordance with Section 2 of Article XIII C of the California Constitution on the utilities of gas, water, electricity, sewer, or garbage disposal services. A utility user tax imposed by the district shall not apply to any utility provided by a telecommunications service provider. +(6) Contract with the County of Santa Barbara, the Santa Barbara County Department of Planning and Development’s Code Enforcement Program, or both, to provide Code Enforcement services to supplement the level of service provided by either the County of Santa Barbara or the Santa Barbara County Department of Planning and Development’s Code Enforcement Program, or both. This includes, but is not limited to, contracting for dedicated Zoning Enforcement services pursuant to Chapter 35 of the Santa Barbara County Code, or contracting for dedicated Building Enforcement services pursuant to Chapters 10 and 14 of the Santa Barbara County Code. These contracted services may be proactive or reactive in their enforcement, as specified by the individual contract. +(h) Following the creation of the district, the district may petition the Santa Barbara Local Agency Formation Commission pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5) to exercise new or different functions or classes of services listed in Section 61100, except those powers specified in subdivisions (e) and (f) of that section, in addition to those functions or services that were authorized at the time the district was created. +(i) The services provided by the district shall not supplant the level of services provided by the County of Santa Barbara, the Isla Vista Recreation and Park District, the University of California, Santa Barbara, or any other service provider. +(j) The district does not possess, and shall not exercise, the power of eminent domain. +(k) As used in this part, the term “district” means the Isla Vista Community Services District formed pursuant to this part. +(l) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5) shall not apply to the formation of the district pursuant to subdivisions (b) and (c), to the selection of functions or services that may be provided pursuant to subdivision (d), or to the selection of functions or services to be provided pursuant to subdivision (g) upon establishment of the district, except as specified in this part. The act shall apply to any other change of organization or reorganization as defined in that act, following the establishment of the district, including, but not limited to, the exercise of new or different functions or classes of services authorized pursuant to subdivision (g) or (h) that were not selected upon establishment of the district. +SEC. 3. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique community needs in the Isla Vista area that would be served by the Isla Vista Community Services District. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","The Community Services District Law authorizes the establishment of community services districts and specifies the powers of those districts including, among others, the power to acquire, construct, improve, maintain, and operate community facilities, as specified. Existing law authorizes the formation of the Isla Vista College Community Services District within the unincorporated area of Santa Barbara County known as Isla Vista for the performance of various services, including, but not limited, to public parks, police protection, and transportation facilities. +This bill would authorize the establishment of the Isla Vista Community Services District by requiring the Board of Supervisors of the County of Santa Barbara to submit a resolution of application to the Santa Barbara County Local Agency Formation Commission, and, upon direction by the commission, place the questions of whether the district should be established and whether a utility user tax should be imposed on the ballot at the next countywide election following the completion of the review by the commission. By imposing new duties on the County of Santa Barbara, this bill would impose a state-mandated local program. The bill would provide that if a utility user tax is not passed by the voters of the district on or before January 1, 2023, the district would be dissolved. The bill would set forth the board of directors of the district and would specify the services that district would be authorized to provide, including, among others, the power to create a tenant mediation program and to exercise the powers of a parking district. +This bill would make legislative findings and declarations as to the necessity of a special statute for the Isla Vista Community Services District. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Part 4 (commencing with Section 61250) to Division 3 of Title 6 of the Government Code, relating to local government." +401,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 82033 of the Government Code is amended to read: +82033. +“Interest in real property” includes any leasehold, beneficial or ownership interest, or an option to acquire such an interest in real property located in the jurisdiction owned directly, indirectly, or beneficially by the public official, or other filer, or his or her immediate family if the fair market value of the interest is ten thousand dollars ($10,000) or more. Interests in real property of an individual includes a pro rata share of interests in real property of any business entity or trust in which the individual or immediate family owns, directly, indirectly, or beneficially, a 10-percent interest or greater. +SEC. 2. +Section 82034 of the Government Code is amended to read: +82034. +“Investment” means any financial interest in, or security issued by, a business entity, including, but not limited to, common stock, preferred stock, rights, warrants, options, debt instruments, and any partnership or other ownership interest owned directly, indirectly, or beneficially by the public official, or other filer, or his or her immediate family, if the business entity or any parent, subsidiary, or otherwise related business entity has an interest in real property in the jurisdiction, does business or plans to do business in the jurisdiction, or has done business within the jurisdiction at any time during the two years before the time any statement or other action is required under this title. An asset shall not be deemed an investment unless its fair market value equals or exceeds five thousand dollars ($5,000). The term “investment” does not include a time or demand deposit in a financial institution, shares in a credit union, an insurance policy, interest in a diversified mutual fund registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a–1 et seq.) or in a common trust fund created pursuant to Section 1585 of the Financial Code, interest in a government defined-benefit pension plan, or a bond or other debt instrument issued by a government or government agency. Investments of an individual includes a pro rata share of investments of any business entity, mutual fund, or trust in which the individual or immediate family owns, directly, indirectly, or beneficially, a 10-percent interest or greater. The term “parent, subsidiary, or otherwise related business entity” shall be specifically defined by regulations of the commission. +SEC. 3. +Section 87103 of the Government Code is amended to read: +87103. +A public official has a financial interest in a decision within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family, or on any of the following: +(a) Any business entity in which the public official has a direct or indirect investment worth five thousand dollars ($5,000) or more. +(b) Any real property in which the public official has a direct or indirect interest worth ten thousand dollars ($10,000) or more. +(c) Any source of income, except gifts or loans by a commercial lending institution made in the regular course of business on terms available to the public without regard to official status, aggregating one thousand dollars ($1,000) or more in value provided to, promised to, or received by the public official within 12 months before the time when the decision is made. +(d) Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds a position of management. +(e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the public official within 12 months before the time when the decision is made. The amount of the value of gifts specified by this subdivision shall be adjusted biennially by the commission to equal the same amount determined by the commission pursuant to subdivision (f) of Section 89503. +For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a public official, by an agent on behalf of a public official, or by a business entity or trust in which the official, the official’s agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or greater. +SEC. 4. +Section 87206 of the Government Code is amended to read: +87206. +If an investment is required to be disclosed under this article, the statement shall contain all of the following: +(a) A statement of the nature of the investment. +(b) (1) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged. If a filer is required to report on his or her statement of economic interests a business entity investment in which the filer is a director, officer, partner, or trustee, except as provided in paragraph (2), the filer shall provide a thorough and detailed description of the business entity’s activities and disclose the names of all business partners who share a financial interest in the business entity, based on criteria established by the commission. +(2) A filer is not required to provide a thorough and detailed description of the business entity’s activities and is not required to disclose the names of all business partners who share a financial interest in the business entity if the business entity is publicly traded. +(c) A statement indicating which of the following represents the fair market value of the investment: +(1) At least five thousand dollars ($5,000) but not greater than ten thousand dollars ($10,000). +(2) Greater than ten thousand dollars ($10,000) but not greater than fifty thousand dollars ($50,000). +(3) Greater than fifty thousand dollars ($50,000) but not greater than one hundred thousand dollars ($100,000). +(4) Greater than one hundred thousand dollars ($100,000) but not greater than two hundred fifty thousand dollars ($250,000). +(5) Greater than two hundred fifty thousand dollars ($250,000) but not greater than five hundred thousand dollars ($500,000). +(6) Greater than five hundred thousand dollars ($500,000) but not greater than one million dollars ($1,000,000). +(7) Greater than one million dollars ($1,000,000) but not greater than two million dollars ($2,000,000). +(8) Greater than two million dollars ($2,000,000). +(d) In the case of a statement filed under Section 87203 or 87204, if the investment was partially or wholly acquired or disposed of during the period covered by the statement, the date of acquisition or disposal. +SEC. 5. +Section 87206.5 is added to the Government Code, to read: +87206.5. +(a) If an interest in real property is required to be disclosed under this article, the statement shall contain all of the following: +(1) A statement of the nature of the interest. +(2) The address or other precise location of the real property. +(3) A statement indicating which of the following represents the fair market value of the interest in real property: +(A) At least ten thousand dollars ($10,000) but not greater than one hundred thousand dollars ($100,000). +(B) Greater than one hundred thousand dollars ($100,000) but not greater than two hundred fifty thousand dollars ($250,000). +(C) Greater than two hundred fifty thousand dollars ($250,000) but not greater than five hundred thousand dollars ($500,000). +(D) Greater than five hundred thousand dollars ($500,000) but not greater than seven hundred fifty thousand dollars ($750,000). +(E) Greater than seven hundred fifty thousand dollars ($750,000) but not greater than one million dollars ($1,000,000). +(F) Greater than one million dollars ($1,000,000) but not greater than two million dollars ($2,000,000). +(G) Greater than two million dollars ($2,000,000). +(4) In the case of a statement filed under Section 87203 or 87204, if the interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the date of acquisition or disposal. +(b) For purposes of disclosure under this article, “interest in real property” does not include the principal residence of the filer or any other property that the filer uses exclusively as the personal residence of the filer. +SEC. 6. +Section 87207 of the Government Code is amended to read: +87207. +(a) Except as provided in subdivision (b), if income is required to be reported under this article, the statement shall contain all of the following: +(1) The name and address of each source of income aggregating one thousand dollars ($1,000) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. +(2) A statement indicating which of the following represents the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source: +(A) At least one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000). +(B) Greater than ten thousand dollars ($10,000) but not greater than fifty thousand dollars ($50,000). +(C) Greater than fifty thousand dollars ($50,000) but not greater than one hundred thousand dollars ($100,000). +(D) Greater than one hundred thousand dollars ($100,000) but not greater than two hundred fifty thousand dollars ($250,000). +(E) Greater than two hundred fifty thousand dollars ($250,000) but not greater than five hundred thousand dollars ($500,000). +(F) Greater than five hundred thousand dollars ($500,000). +(3) A description of the consideration, if any, for which the income was received. +(4) In the case of a gift, the amount and the date on which the gift was received. +(5) In the case of a loan, the annual interest rate, the security, if any, given for the loan, and the term of the loan. +(b) When the filer’s pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported under this article, the statement shall contain the following: +(1) (A) The name, address, and, except as provided in subparagraph (B), a thorough and detailed description of the business activity of the business entity based on criteria established by the commission. +(B) A filer is not required to provide a thorough and detailed description of the business activity of the business entity if the business entity is publicly traded. +(2) The name of every person from whom the business entity received payments if the filer’s pro rata share of gross receipts from that person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. +(c) When a payment, including an advance or reimbursement, for travel is required to be reported pursuant to this section, it may be reported on a separate travel reimbursement schedule, which shall be included in the filer’s statement of economic interests. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income. +SEC. 6.5. +Section 87207 of the Government Code is amended to read: +87207. +(a) Except as provided in subdivision (b), if income is required to be reported under this article, the statement shall contain all of the following: +(1) The name and address of each source of income aggregating one thousand dollars ($1,000) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. +(2) A statement indicating which of the following represents the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source: +(A) At least one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000). +(B) Greater than ten thousand dollars ($10,000) but not greater than fifty thousand dollars ($50,000). +(C) Greater than fifty thousand dollars ($50,000) but not greater than one hundred thousand dollars ($100,000). +(D) Greater than one hundred thousand dollars ($100,000) but not greater than two hundred fifty thousand dollars ($250,000). +(E) Greater than two hundred fifty thousand dollars ($250,000) but not greater than five hundred thousand dollars ($500,000). +(F) Greater than five hundred thousand dollars ($500,000). +(3) A description of the consideration, if any, for which the income was received. +(4) In the case of a gift, the amount and the date on which the gift was received, and the travel destination for purposes of a gift that is a travel payment, advance, or reimbursement. +(5) In the case of a loan, the annual interest rate, the security, if any, given for the loan, and the term of the loan. +(b) If the filer’s pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported under this article, the statement shall contain the following: +(1) (A) The name, address, and, except as provided in subparagraph (B), a thorough and detailed description of the business activity of the business entity based on criteria established by the commission. +(B) A filer is not required to provide a thorough and detailed description of the business activity of the business entity if the business entity is publicly traded. +(2) The name of every person from whom the business entity received payments if the filer’s pro rata share of gross receipts from that person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. +(c) If a payment, including an advance or reimbursement, for travel is required to be reported pursuant to this section, it may be reported on a separate travel reimbursement schedule, which shall be included in the filer’s statement of economic interests. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income. +SEC. 7. +Section 87211 is added to the Government Code, to read: +87211. +(a) A public official who holds an office specified in Section 87200 shall disclose on his or her statement of economic interests each governmental decision for which a financial interest resulted in the public official’s disqualification from making, participating in making, or in any way attempting to use his or her official position to influence that governmental decision pursuant to Section 87100 or, for a Member of the Legislature, Section 87102.5. The disclosure shall identify the governmental decision, the date that the governmental decision was made or considered, the financial interest that created the conflict of interest, and any other relevant information that the commission deems appropriate. +(b) The disclosures required by this section are in addition to any other required disclosures, including, but not limited to, the requirements of Section 87105. +SEC. 8. +Section 6.5 of this bill incorporates amendments to Section 87207 of the Government Code proposed by both this bill and Senate Bill 21. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 87207 of the Government Code, and (3) this bill is enacted after Senate Bill 21, in which case Section 6 of this bill shall not become operative. +SEC. 9. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 10. +The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.","(1) The Political Reform Act of 1974 prohibits a public official at any level of state or local government from making, participating in making, or in any way attempting to use his or her official position to influence a governmental decision in which the public official knows or has reason to know that he or she has a financial interest. A public official has a financial interest in a governmental decision if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on a business entity in which the public official has a direct or indirect investment worth $2,000 or more, real property in which the public official has a direct or indirect interest worth $2,000 or more, and sources of income aggregating $500 or more in value within 12 months before the time when the decision is made. +The Political Reform Act of 1974 requires persons holding specified public offices to file disclosures of investments, real property interests, and income within specified periods of assuming or leaving office, and annually while holding the office. The act requires the disclosures to include a statement indicating, within a specified value range, the fair market value of investments or interests in real property and the aggregate value of income received from a source. +This bill would increase the thresholds at which a public official has a disqualifying financial interest in sources of income from $500 to $1,000, in investments in business entities from $2,000 to $5,000, and in interests in real property from $2,000 to $10,000. +This bill would make conforming adjustments to the thresholds at which income, investments, and interests in real property must be disclosed on a public official’s statement of economic interests. The bill would also revise the dollar amounts associated with the value ranges for reporting the value of economic interests. +This bill would require certain public officials to disclose information on the official’s statement of economic interests relating to governmental decisions for which the public official had a disqualifying financial interest, as specified. +Existing law makes a knowing or willful violation of the act a misdemeanor and subjects offenders to criminal penalties. +By creating additional crimes, this bill would impose a state-mandated local program. +(2) This bill would incorporate additional changes to Section 87207 of the Government Code, proposed by SB 21, that would become operative only if SB 21 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last. +(3)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +(4)  The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a +2/3 +vote of each house and compliance with specified procedural requirements. +This bill would declare that it furthers the purposes of the act.","An act to amend Sections 82033, 82034, 87103, 87206, and 87207 of, and to add Sections 87206.5 and 87211 to, the Government Code, relating to the Political Reform Act of 1974." +402,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares the following: +(a) Nearly every worker in +the State of +California will at some time during the year need some time off from work to take care of his or her own health or the health of family members. +(b) Many workers in California do not have any paid sick days, or have an inadequate number of paid sick days, to care for their own health or the health of family members. +(c) Providers of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, do not qualify for the mandatory paid sick leave benefit that had been provided under Assembly Bill 1522, the Healthy Workplaces, Healthy Families Act of 2014. +(d) Providing workers time off to attend to their own health care and the health care of family members will ensure a healthier and more productive workforce in California. +(e) Paid sick days will have an enormously positive impact on the public health of Californians by allowing sick workers paid time off to care for themselves when ill, thus lessening their recovery time, reducing the likelihood of spreading illness to other members of the workforce, and increasing the likelihood that they seek care from a primary health care provider instead of costly emergency room services. +(f) Paid sick days will allow parents to provide personal care for their sick children. Parental care ensures children’s speedy recovery, prevents more serious illnesses, and improves children’s overall mental and physical health. +(g) Providing paid sick days is affordable for employers. +(h) Employers who provide paid sick days enjoy greater employee retention and reduce the likelihood of employees coming to work sick. Studies have shown that costs of decreased productivity caused by sick workers exceed the costs of employee absenteeism. +(i) Workers whose jobs involve significant contact with the public, such as providers of in-home support services, are very unlikely to have paid sick days. Often, these workers have no choice but to come to work when they are ill, thereby spreading illness to coworkers and customers. +(j) Domestic violence and sexual assault affect many persons without regard to age, race, national origin, sexual orientation, or socioeconomic status. +(k) Domestic violence is a crime that has a devastating effect on families, communities, and the workplace. It impacts productivity, effectiveness, absenteeism, and employee turnover in the workplace. The National Crime Survey estimates that 175,000 days of work each year are missed due to domestic violence. +(l) Survivors of domestic violence and sexual assault may be vulnerable at work when trying to end an abusive relationship because the workplace may be the only place where the perpetrator knows to contact the victim. Studies show that up to one-half of domestic violence victims experience job loss. Forty percent reported on-the-job harassment. Nearly 50 percent of sexual assault survivors lose their jobs or are forced to quit in the aftermath of the assaults. +(m) Affording survivors of domestic violence and sexual assault paid sick days is vital to their independence and recovery. +SEC. 2. +In enacting this act, it is the intent of the Legislature to do the following: +(a) Ensure that workers in California can address their own health needs and the health needs of their families by requiring employers to provide a minimum level of paid sick days including time for family care. +(b) Decrease public and private health care costs in California by enabling workers to seek early and routine medical care for themselves and their family members and to address domestic violence or sexual assault. +(c) Protect employees in California from losing their jobs while they use sick days to care for themselves or their families. +(d) Provide economic security to employees in California who take time off from work for reasons related to domestic violence or sexual assault. +(e) Safeguard the welfare, health, safety, and prosperity of the people of and visitors to California. +(f) Extend equal protection of paid sick leave benefits to providers of in-home supportive services. +SEC. 3. +Section 245.5 of the Labor Code, as added by Section 3 of Chapter 317 of the Statues of 2014, is amended to read: +245.5. +As used in this article: +(a) “Employee” does not include the following: +(1) An employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. +(2) An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, “employee in the construction industry” means an employee performing onsite work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades. +(3) A provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code. +(4) An individual employed by an air carrier as a flight deck or cabin crew member that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C. Sec. 181 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246. +(b) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. +(c) “Family member” means any of the following: +(1) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status. +(2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. +(3) A spouse. +(4) A registered domestic partner. +(5) A grandparent. +(6) A grandchild. +(7) A sibling. +(d) “Health care provider” has the same meaning as defined in paragraph (6) of subdivision (c) of Section 12945.2 of the Government Code. +(e) “Paid sick days” means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5. +(f) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed. +SEC. 4. +Section 245.5 is added to the Labor Code, to read: +245.5. +As used in this article: +(a) “Employee” does not include the following: +(1) An employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. +(2) An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, “employee in the construction industry” means an employee performing onsite work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades. +(3) An individual employed by an air carrier as a flight deck or cabin crew member that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C. Sec. 181 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246. +(b) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. +(c) “Family member” means any of the following: +(1) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status. +(2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. +(3) A spouse. +(4) A registered domestic partner. +(5) A grandparent. +(6) A grandchild. +(7) A sibling. +(d) “Health care provider” has the same meaning as defined in paragraph (6) of subdivision (c) of Section 12945.2 of the Government Code. +(e) “Paid sick days” means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5. +(f) This section shall become operative on July 1, 2016.","The Healthy Workplaces, Healthy Families Act of 2014 provides, among other things, that an employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days for prescribed purposes, to be accrued at a rate of no less than one hour for every 30 hours worked. Existing law provides that an employee under the act does not include a provider of in-home support services, as described. +This bill would revise the definition of an employee under the Healthy Workplaces, Healthy Families Act of 2014 to, as of July 1, 2016, include providers of in-home support services, as described.","An act to amend, repeal, and add Section 245.5 of the Labor Code, relating to employment." +403,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 3.6 (commencing with Section 11366) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: +CHAPTER 3.6. Regulatory Reform +Article 1. Findings and Declarations +11366. +The Legislature finds and declares all of the following: +(a) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500)) requires agencies and the Office of Administrative Law to review regulations to ensure their consistency with law and to consider impacts on the state’s economy and businesses, including small businesses. +(b) However, the act does not require agencies to individually review their regulations to identify overlapping, inconsistent, duplicative, or out-of-date regulations that may exist. +(c) At a time when the state’s economy is slowly recovering, unemployment and underemployment continue to affect all Californians, especially older workers and younger workers who received college degrees in the last seven years but are still awaiting their first great job, and with state government improving but in need of continued fiscal discipline, it is important that state agencies systematically undertake to identify, publicly review, and eliminate overlapping, inconsistent, duplicative, or out-of-date regulations, both to ensure they more efficiently implement and enforce laws and to reduce unnecessary and outdated rules and regulations. +Article 2. Definitions +11366.1. +For the purposes of this chapter, the following definitions shall apply: +(a) “State agency” means a state agency, as defined in Section 11000, except those state agencies or activities described in Section 11340.9. +(b) “Regulation” has the same meaning as provided in Section 11342.600. +Article 3. State Agency Duties +11366.2. +On or before January 1, 2018, each state agency shall do all of the following: +(a) Review all provisions of the California Code of Regulations +applicable to, or adopted by, +adopted by +that state agency. +(b) Identify any regulations that are duplicative, overlapping, inconsistent, or out of date. +(c) Adopt, amend, or repeal regulations to reconcile or eliminate any duplication, overlap, inconsistencies, or out-of-date provisions, and shall comply with the process specified in Article 5 (commencing with Section 11346) of Chapter 3.5, unless the addition, revision, or deletion is without regulatory effect and may be done pursuant to Section 100 of Title 1 of the California Code of Regulations. +(d) Hold at least one noticed public hearing, +that +which +shall be noticed on the Internet Web site of the state agency, for the purposes of accepting public comment on proposed revisions to its regulations. +(e) Notify the appropriate policy and fiscal committees of each house of the Legislature of the revisions to regulations that the state agency proposes to make at least 30 days prior to initiating the process under Article 5 (commencing with Section 11346) of Chapter 3.5 or Section 100 of Title 1 of the California Code of Regulations. +(g) (1) Report to the Governor and the Legislature on the state agency’s compliance with this chapter, including the number and content of regulations the state agency identifies as duplicative, overlapping, inconsistent, or out of date, and the state agency’s actions to address those regulations. +(2) The report shall be submitted in compliance with Section 9795 of the Government Code. +11366.3. +(a) On or before January 1, 2018, each agency listed in Section 12800 shall notify a department, board, or other unit within that agency of any existing regulations adopted by that department, board, or other unit that the agency has determined may be duplicative, overlapping, or inconsistent with a regulation adopted by another department, board, or other unit within that agency. +(b) A department, board, or other unit within an agency shall notify that agency of revisions to regulations that it proposes to make at least 90 days prior to a noticed public hearing pursuant to subdivision (d) of Section 11366.2 and at least 90 days prior to adoption, amendment, or repeal of the regulations pursuant to subdivision (c) of Section 11366.2. The agency shall review the proposed regulations and make recommendations to the department, board, or other unit within 30 days of receiving the notification regarding any duplicative, overlapping, or inconsistent regulation of another department, board, or other unit within the agency. +11366.4. +An agency listed in Section 12800 shall notify a state agency of any existing regulations adopted by that agency that may duplicate, overlap, or be inconsistent with the state agency’s regulations. +11366.45. +This chapter shall not be construed to weaken or undermine in any manner any human health, public or worker rights, public welfare, environmental, or other protection established under statute. This chapter shall not be construed to affect the authority or requirement for an agency to adopt regulations as provided by statute. Rather, it is the intent of the Legislature to ensure that state agencies focus more efficiently and directly on their duties as prescribed by law so as to use scarce public dollars more efficiently to implement the law, while achieving equal or improved economic and public benefits. +Article 4. Chapter Repeal +11366.5. +This chapter shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.","Existing law authorizes various state entities to adopt, amend, or repeal regulations for various specified purposes. The Administrative Procedure Act requires the Office of Administrative Law and a state agency proposing to adopt, amend, or repeal a regulation to review the proposed changes for, among other things, consistency with existing state regulations. +This bill would, until January 1, 2019, require each state agency to, on or before January 1, 2018, review that agency’s regulations, identify any regulations that are duplicative, overlapping, inconsistent, or out of date, to revise those identified regulations, as provided, and report to the Legislature and Governor, as specified.","An act to add and repeal Chapter 3.6 (commencing with Section 11366) of Part 1 of Division 3 of Title 2 of the Government Code, relating to state agency regulations." +404,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 76140 of the Education Code is amended to read: +76140. +(a) A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), or (4), and shall exempt from all of the fee any person described in paragraph (5) or (6): +(1) All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis. +(2) Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis. +(3) (A) A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 2005–06 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina. +(B) The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible. +(C) This paragraph shall apply only to the 2005–06 academic year. +(4) A special part-time student admitted pursuant to Section 76001. +(5) A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements: +(A) Demonstrates a financial need for the exemption. +(B) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian. +(C) Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B). +(D) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California. +(E) Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance. +(F) Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible. +(6) A nonresident student who is a covered individual as defined +pursuant to +in +Section 702 of the federal Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146), as it read on July 1, 2015, who is using, or is intending to use, GI Bill education benefits while living in California and enrolled at a community +college. +college on or after July 1, 2015. +As used in this paragraph, “GI Bill education benefits” refers to any education benefit administered by the United States Department of Veterans Affairs pursuant to Title 38 of the United States Code that is designed to help eligible veterans of the Armed Forces of the United States or other persons eligible for those benefits because of a relationship to a veteran of the Armed Forces of the United States to cover the costs associated with enrollment as a community college student. +(b) A district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident student’s tuition fee. +(c) Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee may not be charged. +(d) The nonresident tuition fee shall be set by the governing board of each community college district not later than February 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district. +(e) (1) The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following: +(A) The amount that was expended by the district for the expense of education as defined by the California Community College Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the district’s preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the district’s total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district. +(B) The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts. +(C) An amount not to exceed the fee established by the governing board of any contiguous district. +(D) An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B). +(E) An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency. +(2) The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 2009–10 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment. +(f) The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends. +(g) Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding. +(h) Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students. +(i) Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students. +(j) The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order for the nonresident tuition exemption authorized by this act to be in effect for the 2015–16 academic year, it is necessary that this act take effect immediately.","(1) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public higher education in the state. Existing law generally requires community college districts to charge a tuition fee to nonresident students, but exempts specified community college students from paying that nonresident tuition fee. +This bill would additionally exempt nonresident students living in California and enrolled at a community +college +college, as specified, +who are covered individuals, as defined in a specified federal statute, using, or are intending to use, Federal GI Bill education benefits, as specified, to cover the costs associated with enrollment as a community college student. +This bill would authorize community college districts to report students exempted from nonresident tuition under this bill as resident full-time equivalent students for purposes of calculating apportionments to those districts. +To the extent that this bill would place additional requirements on community college districts regarding the provision of postsecondary education benefits to certain students, the bill would impose a state-mandated local program. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +(3) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 76140 of the Education Code, relating to public postsecondary education, and declaring the urgency thereof, to take effect immediately." +405,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 52.5 of the Civil Code is amended to read: +52.5. +(a) A victim of human trafficking, as defined in Section 236.1 of the Penal Code, may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. A prevailing plaintiff may also be awarded attorney’s fees and costs. +(b) In addition to the remedies specified in this section, in an action under subdivision (a), the plaintiff may be awarded up to three times his or her actual damages or ten thousand dollars ($10,000), whichever is greater. In addition, punitive damages may also be awarded upon proof of the defendant’s malice, oppression, fraud, or duress in committing the act of human trafficking. +(c) An action brought pursuant to this section shall be commenced within seven years of the date on which the trafficking victim was freed from the trafficking situation or, if the victim was a minor when the act of human trafficking against the victim occurred, within 10 years after the date the plaintiff attains the age of majority. +(d) If a person entitled to sue is under a disability at the time the cause of action accrues so that it is impossible or impracticable for him or her to bring an action, the time of the disability is not part of the time limited for the commencement of the action. Disability will toll the running of the statute of limitations for this action. +(1) Disability includes being a minor, lacking legal capacity to make decisions, imprisonment, or other incapacity or incompetence. +(2) The statute of limitations shall not run against a plaintiff who is a minor or who lacks the legal competence to make decisions simply because a guardian ad litem has been appointed. A guardian ad litem’s failure to bring a plaintiff’s action within the applicable limitation period will not prejudice the plaintiff’s right to do so after his or her disability ceases. +(3) A defendant is estopped from asserting a defense of the statute of limitations when the expiration of the statute is due to conduct by the defendant inducing the plaintiff to delay the filing of the action, or due to threats made by the defendant causing duress upon the plaintiff. +(4) The suspension of the statute of limitations due to disability, lack of knowledge, or estoppel applies to all other related claims arising out of the trafficking situation. +(5) The running of the statute of limitations is postponed during the pendency of criminal proceedings against the victim. +(e) The running of the statute of limitations may be suspended if a person entitled to sue could not have reasonably discovered the cause of action due to circumstances resulting from the trafficking situation, such as psychological trauma, cultural and linguistic isolation, and the inability to access services. +(f) A prevailing plaintiff may also be awarded reasonable attorney’s fees and litigation costs including, but not limited to, expert witness fees and expenses as part of the costs. +(g) Restitution paid by the defendant to the victim shall be credited against a judgment, award, or settlement obtained pursuant to an action under this section. A judgment, award, or settlement obtained pursuant to an action under this section shall be subject to Section 13963 of the Government Code. +(h) A civil action filed under this section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim. As used in this section, a “criminal action” includes investigation and prosecution, and is pending until a final adjudication in the trial court or dismissal. +SEC. 2. +Section 354.8 is added to the Code of Civil Procedure, to read: +354.8. +(a) Notwithstanding any other law, including, but not limited to Section 335.1, the following actions shall be commenced within 10 years: +(1) An action for assault, battery, or both, where the conduct constituting the assault or battery would also constitute any of the following: +(A) An act of torture, as described in Section 206 of the Penal Code. +(B) An act of genocide, as described in Section 1091(a) of Title 18 of the United States Code. +(C) A war crime, as defined in Section 2441 of Title 18 of the United States Code. +(D) An attempted extrajudicial killing, as defined in Section 3(a) of Public Law 102-256. +(E) (i) Crimes against humanity. +(ii) For purposes of this paragraph, “crimes against humanity” means any of the following acts as part of a widespread or systematic attack directed against a civil population, with knowledge of the attack: +(I) Murder. +(II) Extermination. +(III) Enslavement. +(IV) Forcible transfer of population. +(V) Arbitrary detention. +(VI) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity. +(VII) Persecution on political, race, national, ethnic, cultural, religious, or gender grounds. +(VIII) Enforced disappearance of persons. +(IX) Other inhuman acts of similar character intentionally causing great suffering, serious bodily injury, or serious mental injury. +(2) An action for wrongful death, where the death arises out of conduct constituting any of the acts described in paragraph (1), or where the death would constitute an extrajudicial killing, as defined in Section 3(a) of Public Law 102-256. +(3) An action for the taking of property in violation of international law, in which either of the following apply: +(A) That property, or any property exchanged for such property, is present in the United States in connection with a commercial activity carried on in the United States by a foreign state. +(B) That property, or any property exchanged for such property, is owned or operated by an agency or instrumentality of a foreign state and that agency or instrumentality is engaged in a commercial activity in the United States. +(4) An action seeking benefits under an insurance policy where the insurance claim arises out of any of the conduct described in paragraphs (1) to (3), inclusive. +(b) An action brought under this section shall not be dismissed for failure to comply with any previously applicable statute of limitations. +(c) Section 361 shall not apply to an action brought pursuant to this section if all or part of the unlawful act or acts out of which the action arises occurred in this state. +(d) A prevailing plaintiff may be awarded reasonable attorney’s fees and litigation costs including, but not limited to, expert witness fees and expenses as part of the costs. +(e) This section shall apply to all actions commenced concerning an act described in paragraphs (1) to (4), inclusive, of subdivision (a), that occurs on or after January 1, 2016. +(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law requires a civil action brought by a victim of human trafficking, as defined, to be commenced within 5 years of the date on which the trafficking victim was freed from the trafficking situation or, if the victim was a minor when the act of human trafficking against the victim occurred, within 8 years after the date the plaintiff attains the age of majority. +This bill would require a civil action for human trafficking, as defined, to be commenced within 7 years of the date on which the trafficking victim was freed from the trafficking situation or, if the victim was a minor when the act of human trafficking against the victim occurred, within 10 years after the date the plaintiff attains the age of majority. +Existing law requires a civil action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another to be commenced with 2 years. +This bill would require (1) a civil action for assault, battery, or wrongful death, when the conduct would also constitute torture, genocide, a war crime, an attempted extrajudicial killing, or a crime against humanity, as defined, (2) a civil action for the taking of property in violation of international law, as defined, or (3) a civil action seeking benefits under an insurance policy, where the insurance claim arises out of any of the conduct specified above, to be commenced within 10 years. The bill would authorize a prevailing plaintiff to recover reasonable attorney’s fees and litigation costs. The bill would provide that the provisions are severable, as specified.","An act to amend Section 52.5 of the Civil Code, and to add Section 354.8 to the Code of Civil Procedure, relating to civil actions." +406,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11362.777 of the Health and Safety Code is amended to read: +11362.777. +(a) The Department of Food and Agriculture shall establish a Medical Cannabis Cultivation Program to be administered by the secretary and, except as specified in subdivision (c), shall administer this section as it pertains to the cultivation of medical marijuana. For purposes of this section and Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code, medical cannabis is an agricultural product. +(b) (1) A person or entity shall not cultivate medical marijuana without first obtaining both of the following: +(A) A license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur. +(B) A state license issued by the department pursuant to this section. +(2) A person or entity shall not submit an application for a state license issued by the department pursuant to this section unless that person or entity has received a license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur. +(3) A person or entity shall not submit an application for a state pursuant to this section shall notify the department in a manner prescribed by the secretary. +(3) A city, county, or city and county’s locally issued conditional permit requirements must be at least as stringent as the department’s state licensing requirements. +(d) (1) The secretary may prescribe, adopt, and enforce regulations relating to the implementation, administration, and enforcement of this part, including, but not limited to, applicant requirements, collections, reporting, refunds, and appeals. +(2) The secretary may prescribe, adopt, and enforce any emergency regulations as necessary to implement this part. Any emergency regulation prescribed, adopted, or enforced pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. +(3) The secretary may enter into a cooperative agreement with a county agricultural commissioner to carry out the provisions of this chapter, including, but not limited to, administration, investigations, inspections, licensing and assistance pertaining to the cultivation of medical marijuana. Compensation under the cooperative agreement shall be paid from assessments and fees collected and deposited pursuant to this chapter and shall provide reimbursement to the county agricultural commissioner for associated costs. +(e) (1) The department, in consultation with, but not limited to, the Bureau of Medical Marijuana Regulation, the State Water Resources Control Board, and the Department of Fish and Wildlife, shall implement a unique identification program for medical marijuana. In implementing the program, the department shall consider issues, including, but not limited to, water use and environmental impacts. In implementing the program, the department shall ensure that: +(A) Individual and cumulative effects of water diversion and discharge associated with cultivation do not affect the instream flows needed for fish spawning, migration, and rearing, and the flows needed to maintain natural flow variability. +(B) Cultivation will not negatively impact springs, riparian wetlands, and aquatic habitats. +(2) The department shall establish a program for the identification of permitted medical marijuana plants at a cultivation site during the cultivation period. The unique identifier shall be attached at the base of each plant. A unique identifier, such as, but not limited to, a zip tie, shall be issued for each medical marijuana plant. +(A) Unique identifiers will only be issued to those persons appropriately licensed by this section. +(B) Information associated with the assigned unique identifier and licensee shall be included in the trace and track program specified in Section 19335 of the Business and Professions Code. +(C) The department may charge a fee to cover the reasonable costs of issuing the unique identifier and monitoring, tracking, and inspecting each medical marijuana plant. +(D) The department may promulgate regulations to implement this section. +(3) The department shall take adequate steps to establish protections against fraudulent unique identifiers and limit illegal diversion of unique identifiers to unlicensed persons. +(f) (1) A city, county, or city and county that issues or denies licenses to cultivate medical marijuana pursuant to this section shall notify the department in a manner prescribed by the secretary. +(2) Unique identifiers and associated identifying information administered by a city or county shall adhere to the requirements set by the department and be the equivalent to those administered by the department. +(g) This section does not apply to a qualified patient cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 100 square feet and he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity. This section does not apply to a primary caregiver cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 500 square feet and he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 and does not receive remuneration for these activities, except for compensation provided in full compliance with subdivision (c) of Section 11362.765. For purposes of this section, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants on the premises. Exemption from the requirements of this section does not limit or prevent a city, county, or city and county from exercising its police authority under Section 7 of Article XI of the California Constitution. +SEC. 2. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +To allow local governments to protect the health of their citizens by regulating marijuana at the earliest possible date, it is necessary that this act take effect immediately.","Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law, enacted by the Legislature, provides for the licensing and regulation by both state and local entities of medical marijuana and its cultivation. Existing law provides that if a city, county, or city and county does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, commencing March 1, 2016, the Department of Food and Agriculture is the sole licensing authority for medical marijuana cultivation applicants in that city, county, or city and county. +This bill would delete the provision that grants the department the sole licensing authority under those circumstances. +Existing law exempts certain persons cultivating medical marijuana from the requirement to obtain both a state license from the Department of Food and Agriculture and a license, permit, or other entitlement allowing cultivation from the city, county, or city and county in which the cultivation will occur. Existing law authorizes a city, county, or city and county to regulate or ban the cultivation, storage, manufacture, transport, provision, or other activity by a person otherwise exempt from state regulation, or to enforce that regulation or ban. +This bill would instead provide that an exemption from these licensure requirements does not limit or prevent a city, county, or city and county from exercising its police power authority under a specified provision of the California Constitution. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 11362.777 of the Health and Safety Code, relating to medical marijuana, and declaring the urgency thereof, to take effect immediately." +407,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 5374 of the Public Utilities Code is amended to read: +5374. +(a) (1) Before a permit or certificate is issued or renewed, the commission shall require the applicant to establish reasonable fitness and financial responsibility to initiate and conduct or continue to conduct the proposed or existing transportation services. The commission shall not issue or renew a permit or certificate pursuant to this chapter unless the applicant meets all of the following requirements: +(A) It is financially and organizationally capable of conducting an operation that complies with the rules and regulations of the Department of the California Highway Patrol governing highway safety. +(B) It is committed to observing the hours of service regulations of state and, where applicable, federal law, for all persons, whether employees or subcarriers, operating vehicles in transportation for compensation under the certificate. +(C) It has a preventive maintenance program in effect for its vehicles used in transportation for compensation that conforms to regulations of the Department of the California Highway Patrol in Title 13 of the California Code of Regulations. +(D) It participates in the pull-notice system pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all persons, whether employees or subcarriers, operating vehicles used in transportation for compensation. +(E) It has a safety education and training program in effect for all employees or subcarriers operating vehicles used in transportation for compensation. +(F) It will maintain its vehicles used in transportation for compensation in a safe operating condition and in compliance with the Vehicle Code and with regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety. +(G) It has filed with the commission the certificate of workers’ compensation insurance coverage or statement required by Section 5378.1. +(H) It has provided the commission an address of an office or terminal where documents supporting the factual matters specified in the showing required by this subdivision may be inspected by the commission and the Department of the California Highway Patrol. +(I) It provides for a mandatory controlled substance and alcohol testing certification program as adopted by the commission pursuant to Section 1032.1. +(J) Subparagraphs (C), (F), and (H) do not apply to a charter-party carrier of passengers engaged in the provision of a hired driver service when a rented motor vehicle is being operated by the hired driver. +(2) With respect to subparagraphs (B) and (F) of paragraph (1), the commission may base a finding on a certification by the commission that an applicant has filed, with the commission, a sworn declaration of ability to comply and intent to comply. +(3) The commission may require, as a precondition to the issuance of a permit or certificate, the procurement of a performance bond sufficient to facilitate the collection of fines, penalties, and restitution related to enforcement actions that can be taken against the applicant. +(b) In addition to the requirements in subdivision (a), charter-party carriers shall meet all other state and, where applicable, federal regulations as prescribed. +(c) The commission may delegate to its executive director or that executive director’s designee the authority to issue, renew, or authorize the transfer of, charter-party carrier permits or certificates and to make the findings specified in subdivision (a) that are necessary to that delegated authority. +SEC. 2. +Section 5444 is added to the Public Utilities Code, to read: +5444. +(a) A transportation network company shall do all of the following: +(1) Participate in a pull-notice system pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all participating drivers. +(2) Provide for a mandatory controlled substance and alcohol testing certification program as adopted by the commission pursuant to Section 1032.1. +(3) Register any vehicle used in the transportation of passengers for compensation with the commission and display on the vehicle +a suitable decal with +an identifying symbol +issued +prescribed +by the +commission. +commission pursuant to Section 5385. +(b) Drivers hired or initially retained by a transportation network company on or after January 1, 2016, shall be subject to mandatory drug and alcohol testing prior to employment or retention. Drivers hired or initially retained before January 1, 2016, shall complete a drug and alcohol test before January 1, 2017. +SEC. 3. +Section 1808.1 of the Vehicle Code is amended to read: +1808.1. +(a) The prospective employer of a driver who drives a vehicle specified in subdivision (k) shall obtain a report showing the driver’s current public record as recorded by the department. For purposes of this subdivision, a report is current if it was issued less than 30 days prior to the date the employer employs the driver. The report shall be reviewed, signed, and dated by the employer and maintained at the employer’s place of business until receipt of the pull-notice system report pursuant to subdivisions (b) and (c). These reports shall be presented upon request to an authorized representative of the Department of the California Highway Patrol during regular business hours. +(b) The employer of a driver who drives a vehicle specified in subdivision (k) shall participate in a pull-notice system, which is a process for the purpose of providing the employer with a report showing the driver’s current public record as recorded by the department, and any subsequent convictions, failures to appear, accidents, driver’s license suspensions, driver’s license revocations, or any other actions taken against the driving privilege or certificate, added to the driver’s record while the employer’s notification request remains valid and uncanceled. As used in this section, participation in the pull-notice system means obtaining a requester code and enrolling all employed drivers who drive a vehicle specified in subdivision (k) under that requester code. +(c) The employer of a driver of a vehicle specified in subdivision (k) shall, additionally, obtain a periodic report from the department at least every 12 months. The employer shall verify that each employee’s driver’s license has not been suspended or revoked, the employee’s traffic violation point count, and whether the employee has been convicted of a violation of Section 23152 or 23153. The report shall be signed and dated by the employer and maintained at the employer’s principal place of business. The report shall be presented upon demand to an authorized representative of the Department of the California Highway Patrol during regular business hours. +(d) Upon the termination of a driver’s employment, the employer shall notify the department to discontinue the driver’s enrollment in the pull-notice system. +(e) For the purposes of the pull-notice system and periodic report process required by subdivisions (b) and (c), an owner, other than an owner-operator as defined in Section 34624, and an employer who drives a vehicle described in subdivision (k) shall be enrolled as if he or she were an employee. A family member and a volunteer driver who drives a vehicle described in subdivision (k) shall also be enrolled as if he or she were an employee. +(f) An employer who, after receiving a driving record pursuant to this section, employs or continues to employ as a driver a person against whom a disqualifying action has been taken regarding his or her driving privilege or required driver’s certificate, is guilty of a public offense, and upon conviction thereof, shall be punished by confinement in a county jail for not more than six months, by a fine of not more than one thousand dollars ($1,000), or by both that confinement and fine. +(g) As part of its inspection of bus maintenance facilities and terminals required at least once every 13 months pursuant to subdivision (c) of Section 34501, the Department of the California Highway Patrol shall determine whether each transit operator, as defined in Section 99210 of the Public Utilities Code, is then in compliance with this section and Section 12804.6, and shall certify each operator found to be in compliance. Funds shall not be allocated pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code to a transit operator that the Department of the California Highway Patrol has not certified pursuant to this section. +(h) (1) A request to participate in the pull-notice system established by this section shall be accompanied by a fee determined by the department to be sufficient to defray the entire actual cost to the department for the notification service. For the receipt of subsequent reports, the employer shall also be charged a fee established by the department pursuant to Section 1811. An employer who qualifies pursuant to Section 1812 shall be exempt from any fee required pursuant to this section. Failure to pay the fee shall result in automatic cancellation of the employer’s participation in the notification services. +(2) A regularly organized fire department, having official recognition of the city, county, city and county, or district in which the department is located, shall participate in the pull-notice program and shall not be subject to the fee established pursuant to this subdivision. +(3) The Board of Pilot Commissioners for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun, and its port agent shall participate in the pull-notice system established by this section, subject to Section 1178.5 of the Harbors and Navigation Code, and shall not be subject to the fees established pursuant to this subdivision. +(i) The department, as soon as feasible, may establish an automatic procedure to provide the periodic reports to an employer by mail or via an electronic delivery method, as required by subdivision (c), on a regular basis without the need for individual requests. +(j) (1) The employer of a driver who is employed as a casual driver is not required to enter that driver’s name in the pull-notice system, as otherwise required by subdivision (a). However, the employer of a casual driver shall be in possession of a report of the driver’s current public record as recorded by the department, prior to allowing a casual driver to drive a vehicle specified in subdivision (k). A report is current if it was issued less than six months prior to the date the employer employs the driver. +(2) For the purposes of this subdivision, a driver is employed as a casual driver when the employer has employed the driver less than 30 days during the preceding six months. “Casual driver” does not include a driver who operates a vehicle that requires a passenger transportation endorsement. +(k) This section applies to a vehicle for the operation of which the driver is required to have a class A or class B driver’s license, a class C license with a hazardous materials endorsement, a class C license issued pursuant to Section 12814.7, or a certificate issued pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, or a passenger vehicle having a seating capacity of not more than 10 persons, including the driver, operated for compensation by a charter-party carrier of passengers, transportation network company, or passenger stage corporation pursuant to a certificate of public convenience and necessity or a permit issued by the Public Utilities Commission. +(l) (1) For purposes of this section, the term “employer” or “prospective employer” includes a transportation network company whose permit or certificate, including any renewal of that permit or certificate, is subject to the requirements of Article 7 (commencing with Section 5430) of Chapter 8 of Division 2 of the Public Utilities Code. +(2) This section shall not be construed to change the definition of “employer,” “employee,” or “independent contractor” for any other purpose. +(m) A motor carrier who contracts with a person to drive a vehicle described in subdivision (k) that is owned by, or leased to, that motor carrier, shall be subject to subdivisions (a), (b), (c), (d), (f), (j), (k), and (l) and the employer obligations in those subdivisions. +(n) Reports issued pursuant to this section, but only those for a driver of a taxicab engaged in transportation services as described in subdivision (a) of Section 53075.5 of the Government Code, shall be presented upon request, during regular business hours, to an authorized representative of the administrative agency responsible for issuing permits to taxicab transportation services pursuant to Section 53075.5 of the Government Code. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Passenger Charter-party Carriers’ Act, with certain exceptions, prohibits a charter-party carrier of passengers from engaging in transportation services subject to regulation by the Public Utilities Commission without obtaining a specified certificate or permit, as appropriate, from the commission, and imposes various other requirements. Existing law requires, as a condition to obtaining a certificate or permit, that the applicant, among other things, participate in a program to regularly check the driving records of all vehicle operators and provide a mandatory controlled substance and alcohol testing certification program. A violation of the act is generally a misdemeanor. Existing law defines a transportation network company as an organization, whether a corporation, partnership, sole proprietor, or other form, operating in California that provides prearranged transportation services for compensation using an online-enabled platform to connect passengers with drivers using their personal vehicles. +This bill would prohibit the commission from issuing or renewing a permit or certificate to a charter-party carrier of passengers unless the applicant, in addition to existing requirements, participates in the Department of Motor +Vehicles +Vehicles +’ +pull-notice system. This bill would specifically require a transportation network company to comply with this provision and to provide for a mandatory controlled substance and alcohol testing certification program. The bill would also require a transportation network company to register any vehicle used in the transportation of passengers for compensation with the commission and display an identifying +decal issued +symbol prescribed +by the commission on the vehicle. +The bill would require that drivers hired or initially retained by a transportation network company on or after January 1, 2016, be subject to mandatory drug and alcohol testing prior to employment or retention and that drivers hired or initially retained before January 1, 2016, complete a drug and alcohol test before January 1, 2017. +Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 5374 of, and to add Section 5444 to, the Public Utilities Code, and to amend Section 1808.1 of the Vehicle Code, relating to transportation." +408,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 69432.7 of the Education Code, as amended by Section 2 of Chapter 667 of the Statutes of 2014, is amended to read: +69432.7. +As used in this chapter, the following terms have the following meanings: +(a) An “academic year” is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included. +(b) “Access costs” means living expenses and expenses for transportation, supplies, and books. +(c) “Award year” means one academic year, or the equivalent, of attendance at a qualifying institution. +(d) “College grade point average” and “community college grade point average” mean a grade point average calculated on the basis of all college work completed, except for nontransferable units and courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree. +(e) “Commission” means the Student Aid Commission. +(f) “Enrollment status” means part- or full-time status. +(1) “Part time,” for purposes of Cal Grant eligibility, means 6 to 11 semester units, inclusive, or the equivalent. +(2) “Full time,” for purposes of Cal Grant eligibility, means 12 or more semester units or the equivalent. +(g) “Expected family contribution,” with respect to an applicant, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission. +(h) “High school grade point average” means a grade point average calculated on a 4.0 scale, using all academic coursework, for the sophomore year, the summer following the sophomore year, the junior year, and the summer following the junior year, excluding physical education, Reserve Officers’ Training Corps (ROTC), and remedial courses, and computed pursuant to regulations of the commission. However, for high school graduates who apply after their senior year, “high school grade point average” includes senior year coursework. +(i) “Instructional program of not less than one academic year” means a program of study that results in the award of an associate or baccalaureate degree or certificate requiring at least 24 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program. +(j) “Instructional program of not less than two academic years” means a program of study that results in the award of an associate or baccalaureate degree requiring at least 48 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program. +(k) (1) “Maximum household income and asset levels” means the applicable household income and household asset levels for participants, including new applicants and renewing recipients, in the Cal Grant Program, as defined and adopted in regulations by the commission for the 2001–02 academic year, which shall be set pursuant to the following income and asset ceiling amounts: + + +CAL GRANT PROGRAM INCOME CEILINGS + +Cal Grant A, +C, and T +Cal Grant B +Dependent and Independent students with dependents* +Family Size +Six or more +$74,100 +$40,700 +Five +$68,700 +$37,700 +Four +$64,100 +$33,700 +Three +$59,000 +$30,300 +Two +$57,600 +$26,900 + +Independent + + +Single, no dependents +$23,500 +$23,500 +Married +$26,900 +$26,900 +*Applies to independent students with dependents other than a +spouse. +CAL GRANT PROGRAM ASSET CEILINGS + +Cal Grant A, +C, and T +Cal Grant B + +Dependent** _____ _____ + +$49,600 + +$49,600 +Independent _____ _____ +$23,600 +$23,600 +**Applies to independent students with dependents other than a +spouse. +(2) The commission shall annually adjust the maximum household income and asset levels based on the percentage change in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII B of the California Constitution. The maximum household income and asset levels applicable to a renewing recipient shall be the greater of the adjusted maximum household income and asset levels or the maximum household income and asset levels at the time of the renewing recipient’s initial Cal Grant award. For a recipient who was initially awarded a Cal Grant for an academic year before the 2011–12 academic year, the maximum household income and asset levels shall be the greater of the adjusted maximum household income and asset levels or the 2010–11 academic year maximum household income and asset levels. An applicant or renewal recipient who qualifies to be considered under the simplified needs test established by federal law for student assistance shall be presumed to meet the asset level test under this section. Before disbursing any Cal Grant funds, a qualifying institution shall be obligated, under the terms of its institutional participation agreement with the commission, to resolve any conflicts that may exist in the data the institution possesses relating to that individual. +(l) (1) “Qualifying institution” means an institution that complies with paragraphs (2) and (3) and is any of the following: +(A) A California private or independent postsecondary educational institution that participates in the Pell Grant Program and in at least two of the following federal student aid programs: +(i) Federal Work-Study Program. +(ii) Federal Stafford Loan Program. +(iii) Federal Supplemental Educational Opportunity Grant Program. +(B) A nonprofit institution headquartered and operating in California that certifies to the commission that 10 percent of the institution’s operating budget, as demonstrated in an audited financial statement, is expended for purposes of institutionally funded student financial aid in the form of grants, that demonstrates to the commission that it has the administrative capacity to administer the funds, that is accredited by the Western Association of Schools and Colleges, and that meets any other state-required criteria adopted by regulation by the commission in consultation with the Department of Finance. A regionally accredited institution that was deemed qualified by the commission to participate in the Cal Grant Program for the 2000–01 academic year shall retain its eligibility as long as it maintains its existing accreditation status. +(C) A California public postsecondary educational institution. +(2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the Internet Web site of a California licensing or regulatory agency. For purposes of this paragraph, “provide” may exclusively include placement of an Internet Web site address labeled as an access point for the data on the passage rates of recent program graduates on the Internet Web site where enrollment information is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students. +(B) The institution shall be responsible for certifying to the commission compliance with the requirements of subparagraph (A). +(3) (A) The commission shall certify by November 1 of each year the institution’s latest official three-year cohort default rate and graduation rate as most recently reported by the United States Department of Education. For purposes of this section, the graduation rate is the percentage of full-time, first-time degree or certificate-seeking undergraduate students who graduate in 150 percent or less of the expected time to complete degree requirements as most recently reported publicly in any format, including preliminary data records, by the United States Department of Education. +(B) For purposes of the 2011–12 academic year, an otherwise qualifying institution with a three-year cohort default rate reported by the United States Department of Education that is equal to or greater than 24.6 percent shall be ineligible for initial and renewal Cal Grant awards at the institution. +(C) For purposes of the 2012–13 academic year, and every academic year thereafter, an otherwise qualifying institution with a three-year cohort default rate that is equal to or greater than 15.5 percent, as certified by the commission on October 1, 2011, and every year thereafter, shall be ineligible for initial and renewal Cal Grant awards at the institution. +(D) (i) An otherwise qualifying institution that becomes ineligible under this paragraph for initial and renewal Cal Grant awards shall regain its eligibility for the academic year for which it satisfies the requirements established in subparagraph (B), (C), or (F), as applicable. +(ii) If the United States Department of Education corrects or revises an institution’s three-year cohort default rate or graduation rate that originally failed to satisfy the requirements established in subparagraph (B), (C), or (F), as applicable, and the correction or revision results in the institution’s three-year cohort default rate or graduation rate satisfying those requirements, that institution shall immediately regain its eligibility for the academic year to which the corrected or revised three-year cohort default rate or graduation rate would have been applied. +(E) An otherwise qualifying institution for which no three-year cohort default rate or graduation rate has been reported by the United States Department of Education shall be provisionally eligible to participate in the Cal Grant Program until a three-year cohort default rate or graduation rate has been reported for the institution by the United States Department of Education. +(F) For purposes of the 2012–13 academic year, and every academic year thereafter, an otherwise qualifying institution with a graduation rate of 30 percent or less, as certified by the commission pursuant to subparagraph (A), shall be ineligible for initial and renewal Cal Grant awards at the institution, except as provided for in subparagraph (H). +(G) Notwithstanding any other law, the requirements of this paragraph shall not apply to institutions with 40 percent or less of undergraduate students borrowing federal student loans, using information reported to the United States Department of Education for the academic year two years before the academic year in which the commission is certifying the three-year cohort default rate or graduation rate pursuant to subparagraph (A). +(H) Notwithstanding subparagraph (F), an otherwise qualifying institution that maintains a three-year cohort default rate that is less than 15.5 percent and a graduation rate above 20 percent for students taking 150 percent or less of the expected time to complete degree requirements, as certified by the commission pursuant to subparagraph (A), shall be eligible for initial and renewal Cal Grant awards at the institution through the 2016–17 academic year. +(I) The commission shall do all of the following: +(i) Notify initial Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards under subparagraph (C) or (F) that the institution is ineligible for initial Cal Grant awards for the academic year for which the student received an initial Cal Grant award. +(ii) Notify renewal Cal Grant recipients attending an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) that the student’s Cal Grant award will be reduced by 20 percent, or eliminated, as appropriate, if the student attends the ineligible institution in an academic year in which the institution is ineligible. +(iii) Provide initial and renewal Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) with a complete list of all California postsecondary educational institutions at which the student would be eligible to receive an unreduced Cal Grant award. +(iv) (I)   Establish an appeal process for an otherwise qualifying institution that fails to satisfy the three-year cohort default rate and graduation rate requirements in subparagraphs (C) and (F), respectively. +(II) The commission may grant an appeal for an academic year only if the commission has determined the institution has a cohort size of 20 individuals or less and the cohort is not representative of the overall institutional performance. +(m) “Satisfactory academic progress” means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. The commission may adopt regulations defining “satisfactory academic progress” in a manner that is consistent with those federal standards.","The Cal Grant Program establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. +Existing law requires the commission to certify by November 1 of each year a qualifying institution’s latest 3-year cohort default rate and graduation rate as most recently reported by the United States Department of Education. Existing law provides that an otherwise qualifying institution with a 3-year cohort default rate that is equal to or greater than 15.5% is ineligible for initial and renewal Cal Grant awards at the institution. Existing law provides that an otherwise qualifying institution is ineligible for an initial or renewal Cal Grant award at the institution if the institution has a graduation rate of 30% or less for students taking 150% or less of the expected time to complete degree requirements, as specified, with certain exceptions. +This bill would require the commission to establish an appeal process for an otherwise qualifying institution that fails to satisfy the 3-year cohort default rate and graduation rate requirements and would authorize the commission to grant the appeal for an academic year only if the commission makes a specified determination.","An act to amend Section 69432.7 of the Education Code, relating to financial aid." +409,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19322 of the Business and Professions Code is amended to read: +19322. +(a) A person shall not submit an application for a state license issued by a licensing authority pursuant to this chapter unless that person has received a license, permit, or authorization from the local jurisdiction. An applicant for any type of state license issued pursuant to this chapter shall do all of the following: +(1) Electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and arrests, and information as to the existence and content of a record of state or federal convictions and arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance, pending trial or appeal. +(A) The Department of Justice shall provide a response to the licensing authority pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code. +(B) The licensing authority shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for applicants. +(C) The Department of Justice shall charge the applicant a fee sufficient to cover the reasonable cost of processing the requests described in this paragraph. +(2) Provide documentation issued by the local jurisdiction in which the proposed business is operating certifying that the applicant is or will be in compliance with all local ordinances and regulations. +(3) Provide evidence of the legal right to occupy and use the proposed location. For an applicant seeking a cultivator, distributor, manufacturing, testing, transporter, or dispensary license, provide a statement from the owner of real property or their agent where the cultivation, distribution, manufacturing, testing, transport, or dispensing of commercial medical cannabis activities will occur, as proof to demonstrate the landowner has acknowledged and consented to permit cultivation, distribution, manufacturing, testing, transport, or dispensary activities to be conducted on the property by the tenant applicant. +(4) If the application is for a cultivator or a dispensary, provide evidence that the proposed location is located beyond at least a 600-foot radius from a school, as required by Section 11362.768 of the Health and Safety Code. +(5) Provide a statement, signed by the applicant under penalty of perjury, that the information provided is complete, true, and accurate. +(6) (A) For an applicant with 20 or more employees, provide a statement that the applicant will enter into, or demonstrate that it has already entered into, and abide by the terms of a labor peace agreement. +(B) For the purposes of this paragraph, “employee” does not include a supervisor. +(C) For purposes of this paragraph, “supervisor” means an individual having authority, in the interest of the licensee, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment. +(7) Provide the applicant’s valid seller’s permit number issued pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code or indicate that the applicant is currently applying for a seller’s permit. +(8) Provide any other information required by the licensing authority. +(9) For an applicant seeking a cultivation license, provide a statement declaring the applicant is an “agricultural employer,” as defined in the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code), to the extent not prohibited by law. +(10) Pay all applicable fees required for licensure by the licensing authority. +(11) Provide proof of a bond to cover the costs of destruction of medical cannabis or medical cannabis products if necessitated by a violation of licensing requirements. +(b) For applicants seeking licensure to cultivate, distribute, manufacture, test, or dispense medical cannabis or medical cannabis products, the application shall also include a detailed description of the applicant’s operating procedures for all of the following, as required by the licensing authority: +(1) Cultivation. +(2) Extraction and infusion methods. +(3) The transportation process. +(4) Inventory procedures. +(5) Quality control procedures. +(6) Security protocols. +(c) On and after July 1, 2018, an applicant with 20 or more employees shall attest on the application that the applicant will implement an employee training program approved by the licensing authority within one year of licensure, pursuant to Section 19326.5. +SEC. 2. +Section 19323 of the Business and Professions Code is amended to read: +19323. +(a) A licensing authority shall deny an application if the applicant or the premises for which a state license is applied does not qualify for licensure under this chapter or the rules and regulations for the state license. +(b) A licensing authority may deny an application for licensure or renewal of a state license, or issue a conditional license, if any of the following conditions apply: +(1) Failure to comply with the provisions of this chapter or any rule or regulation adopted pursuant to this chapter, including, but not limited to, any requirement imposed to protect natural resources, instream flow, and water quality pursuant to subdivision (a) of Section 19332. +(2) Conduct that constitutes grounds for denial of licensure pursuant to Chapter 2 (commencing with Section 480) of Division 1.5. +(3) The applicant has failed to provide information required by the licensing authority. +(4) The applicant or licensee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the licensing authority determines that the applicant or licensee is otherwise suitable to be issued a license and granting the license would not compromise public safety, the licensing authority shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant or licensee to be issued a license based on the evidence found through the review. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the licensing authority shall include, but not be limited to, the following: +(A) A felony conviction for the illegal possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance. +(B) A violent felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code. +(C) A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code. +(D) A felony conviction involving fraud, deceit, or embezzlement. +(5) The applicant, or any of its officers, directors, or owners, is a licensed physician making patient recommendations for medical cannabis pursuant to Section 11362.7 of the Health and Safety Code. +(6) The applicant or any of its officers, directors, or owners has been subject to fines or penalties for cultivation or production of a controlled substance on public or private lands pursuant to Section 12025 or 12025.1 of the Fish and Game Code. +(7) The applicant, or any of its officers, directors, or owners, has been sanctioned by a licensing authority or a city, county, or city and county for unlicensed commercial cannabis activities or has had a license revoked under this chapter in the three years immediately preceding the date the application is filed with the licensing authority. +(8) Failure to obtain and maintain a valid seller’s permit required pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code. +(9) The applicant or any of its officers, directors, owners, employees, or authorized agents have failed to comply with any operating procedure required pursuant to subdivision (b) of Section 19322. +(10) Conduct that constitutes grounds for disciplinary action pursuant to this chapter. +(c) On and after July 1, 2018, the licensing authority shall deny an application of an applicant with 20 or more employees unless the applicant attests on the application that the applicant will implement an employee training program approved by the licensing authority within one year of licensure, pursuant to Section 19326.5. +SEC. 3. +Section 19326.5 is added to the Business and Professions Code, to read: +19326.5. +(a) A licensee shall implement an employee training program to educate, inform, and train the licensee’s employees on compliance with this chapter. A licensee may employ or contract with a third-party provider to provide the employee training program. An employee training program shall include, but is not limited to, training on applicable statutory requirements, industry best practices, occupational health and safety standards, and workplace protections. +(b) (1) Each licensing authority shall adopt standards for the approval of employee training programs. Those standards shall prohibit approval of an employee training program provided by or through an apprenticeship program approved by the Chief of the Division of Apprenticeship Standards. +Those standards shall also prohibit employee training programs provided by licensees except when a licensee provides a training program to its own employees. +(2) A licensing authority may approve a workplace training organization as a third-party provider of an employee training program. For purposes of this paragraph, a “workplace training organization” is a labor union organization representing wage earners or salaried employees for mutual aid and protection and for dealing collectively with cannabis employers. A licensing authority shall not be limited to approving workplace training organizations as third-party providers of employee training +programs. +programs +; however, a licensing authority shall not approve a third-party provider of an employee training program if the provider is a licensee, except as provided in paragraph (1). +(c) A licensing authority shall revoke the license of any licensee with 20 or more employees that fails to implement an employee training program as required by this section within one year of licensure. +(d) Each licensing authority shall charge a fee for approving an employee training program. Revenues collected pursuant to this subdivision shall be deposited in the appropriate fee account within the Medical +Marijuana +Cannabis +Regulation and Safety Act Fund established pursuant to Section +19350. +19351. +Total fees assessed shall not exceed the reasonable regulatory costs. Each licensing authority may adjust fees as needed, but no more than once per year, to generate sufficient revenue to cover the costs of employee training program approval. +(e) This section shall become operative on July 1, 2018. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law, the Medical +Marijuana +Cannabis +Regulation and Safety Act +(MMRSA), +(MCRSA), +enacted by the Legislature, establishes within the Department of Consumer Affairs the Bureau of Medical +Marijuana +Cannabis +Regulation, and provides for the state licensure and regulation of certain commercial +medical marijuana +cannabis +activities by the +Department of Consumer Affairs, +bureau, +the Department of Food and Agriculture, or the State Department of Public Health, as specified. +MMRSA +MCRSA +requires an applicant for state licensure to provide specified information and a statement, signed by the applicant under penalty of perjury, that the information is complete, true, and accurate. +MMRSA +MCRSA +authorizes a state licensing authority to deny an application +if specified conditions are met, +or issue a conditional license under certain conditions, +and requires a state licensee, among other things, to obtain applicable local licenses prior to commencing commercial cannabis activity and to keep accurate records of commercial cannabis activity. +This bill would require a licensee to implement, as specified, an employee training program for the licensee’s employees regarding compliance with +MMRSA, +MCRSA, +as specified. The bill would require an applicant with 20 or more employees to attest on the application that the applicant will implement an employee training program approved by the licensing authority within one year of licensure, as specified, thereby modifying the crime of perjury and imposing a state-mandated local program. The bill would require the licensing authority to deny an application of an applicant with 20 or more employees unless the applicant makes the above-mentioned attestation on the application. The bill would require each licensing authority to adopt standards for the approval of employee training programs. The bill would prohibit the licensing authority from approving a program provided by or through certain apprenticeship +programs. +programs and programs provided by a licensee under MCRSA, except as specified. +The bill would authorize the licensing authority to approve a workplace training organization, as defined, as a 3rd-party provider. The bill would require each licensing authority to charge a fee for approving an employee training program, as specified. The bill would require that the fees collected be deposited in the appropriate account within the Medical +Marijuana +Cannabis +Regulation and Safety Act Fund. The bill would authorize each licensing authority to adjust fees as needed once a year to cover the costs of employee training program approval. The bill would make these provisions operative on July 1, 2018. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 19322 and 19323 of, and to add Section 19326.5 to, the Business and Professions Code, relating to medical cannabis." +410,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 502 of the Penal Code is amended to read: +502. +(a) It is the intent of the Legislature in enacting this section to expand the degree of protection afforded to individuals, businesses, and governmental agencies from tampering, interference, damage, and unauthorized access to lawfully created computer data and computer systems. The Legislature finds and declares that the proliferation of computer technology has resulted in a concomitant proliferation of computer crime and other forms of unauthorized access to computers, computer systems, and computer data. +The Legislature further finds and declares that protection of the integrity of all types and forms of lawfully created computers, computer systems, and computer data is vital to the protection of the privacy of individuals as well as to the well-being of financial institutions, business concerns, governmental agencies, and others within this state that lawfully utilize those computers, computer systems, and data. +(b) For the purposes of this section, the following terms have the following meanings: +(1) “Access” means to gain entry to, instruct, cause input to, cause output from, cause data processing with, or communicate with, the logical, arithmetical, or memory function resources of a computer, computer system, or computer network. +(2) “Computer network” means any system that provides communications between one or more computer systems and input/output devices, including, but not limited to, display terminals, remote systems, mobile devices, and printers connected by telecommunication facilities. +(3) “Computer program or software” means a set of instructions or statements, and related data, that when executed in actual or modified form, cause a computer, computer system, or computer network to perform specified functions. +(4) “Computer services” includes, but is not limited to, computer time, data processing, or storage functions, Internet services, electronic mail services, electronic message services, or other uses of a computer, computer system, or computer network. +(5) “Computer system” means a device or collection of devices, including support devices and excluding calculators that are not programmable and capable of being used in conjunction with external files, one or more of which contain computer programs, electronic instructions, input data, and output data, that performs functions, including, but not limited to, logic, arithmetic, data storage and retrieval, communication, and control. +(6) “Government computer system” means any computer system, or part thereof, that is owned, operated, or used by any federal, state, or local governmental entity. +(7) “Public safety infrastructure computer system” means any computer system, or part thereof, that is necessary for the health and safety of the public including computer systems owned, operated, or used by drinking water and wastewater treatment facilities, hospitals, emergency service providers, telecommunication companies, and gas and electric utility companies. +(8) “Data” means a representation of information, knowledge, facts, concepts, computer software, or computer programs or instructions. Data may be in any form, in storage media, or as stored in the memory of the computer or in transit or presented on a display device. +(9) “Supporting documentation” includes, but is not limited to, all information, in any form, pertaining to the design, construction, classification, implementation, use, or modification of a computer, computer system, computer network, computer program, or computer software, which information is not generally available to the public and is necessary for the operation of a computer, computer system, computer network, computer program, or computer software. +(10) “Injury” means any alteration, deletion, damage, or destruction of a computer system, computer network, computer program, or data caused by the access, or the denial of access to legitimate users of a computer system, network, or program. +(11) “Victim expenditure” means any expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program, or data was or was not altered, deleted, damaged, or destroyed by the access. +(12) “Computer contaminant” means any set of computer instructions that are designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information. They include, but are not limited to, a group of computer instructions commonly called viruses or worms, that are self-replicating or self-propagating and are designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network. +(13) “Internet domain name” means a globally unique, hierarchical reference to an Internet host or service, assigned through centralized Internet naming authorities, comprising a series of character strings separated by periods, with the rightmost character string specifying the top of the hierarchy. +(14) “Electronic mail” means an electronic message or computer file that is transmitted between two or more telecommunications devices; computers; computer networks, regardless of whether the network is a local, regional, or global network; or electronic devices capable of receiving electronic messages, regardless of whether the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval. +(15) “Profile” means either of the following: +(A) A configuration of user data required by a computer so that the user may access programs or services and have the desired functionality on that computer. +(B) An Internet Web site user’s personal page or section of a page that is made up of data, in text or graphical form, that displays significant, unique, or identifying information, including, but not limited to, listing acquaintances, interests, associations, activities, or personal statements. +(c) Except as provided in subdivision (h), any person who commits any of the following acts is guilty of a public offense: +(1) Knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either (A) devise or execute any scheme or artifice to defraud, deceive, or extort, or (B) wrongfully control or obtain money, property, or data. +(2) Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network. +(3) Knowingly and without permission uses or causes to be used computer services. +(4) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a computer, computer system, or computer network. +(5) Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system, or computer network. +(6) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or computer network in violation of this section. +(7) Knowingly and without permission accesses or causes to be accessed any computer, computer system, or computer network. +(8) Knowingly introduces any computer contaminant into any computer, computer system, or computer network. +(9) Knowingly and without permission uses the Internet domain name or profile of another individual, corporation, or entity in connection with the sending of one or more electronic mail messages or posts and thereby damages or causes damage to a computer, computer data, computer system, or computer network. +(10) Knowingly and without permission disrupts or causes the disruption of government computer services or denies or causes the denial of government computer services to an authorized user of a government computer, computer system, or computer network. +(11) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a public safety infrastructure computer system computer, computer system, or computer network. +(12) Knowingly and without permission disrupts or causes the disruption of public safety infrastructure computer system computer services or denies or causes the denial of computer services to an authorized user of a public safety infrastructure computer system computer, computer system, or computer network. +(13) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or public safety infrastructure computer system computer, computer system, or computer network in violation of this section. +(14) Knowingly introduces any computer contaminant into any public safety infrastructure computer system computer, computer system, or computer network. +(d) (1) Any person who violates any of the provisions of paragraph (1), (2), (4), (5), (10), (11), or (12) of subdivision (c) is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years and a fine not exceeding ten thousand dollars ($10,000), or a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. +(2) Any person who violates paragraph (3) of subdivision (c) is punishable as follows: +(A) For the first violation that does not result in injury, and where the value of the computer services used does not exceed nine hundred fifty dollars ($950), by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. +(B) For any violation that results in a victim expenditure in an amount greater than five thousand dollars ($5,000) or in an injury, or if the value of the computer services used exceeds nine hundred fifty dollars ($950), or for any second or subsequent violation, by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. +(3) Any person who violates paragraph (6), (7), or (13) of subdivision (c) is punishable as follows: +(A) For a first violation that does not result in injury, an infraction punishable by a fine not exceeding one thousand dollars ($1,000). +(B) For any violation that results in a victim expenditure in an amount not greater than five thousand dollars ($5,000), or for a second or subsequent violation, by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. +(C) For any violation that results in a victim expenditure in an amount greater than five thousand dollars ($5,000), by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. +(4) Any person who violates paragraph (8) or (14) of subdivision (c) is punishable as follows: +(A) For a first violation that does not result in injury, a misdemeanor punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. +(B) For any violation that results in injury, or for a second or subsequent violation, by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment. +(5) Any person who violates paragraph (9) of subdivision (c) is punishable as follows: +(A) For a first violation that does not result in injury, an infraction punishable by a fine not exceeding one thousand dollars ($1,000). +(B) For any violation that results in injury, or for a second or subsequent violation, by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. +(e) (1) In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer program, or data who suffers damage or loss by reason of a violation of any of the provisions of subdivision (c) may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief. Compensatory damages shall include any expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program, or data was or was not altered, damaged, or deleted by the access. For the purposes of actions authorized by this subdivision, the conduct of an unemancipated minor shall be imputed to the parent or legal guardian having control or custody of the minor, pursuant to the provisions of Section 1714.1 of the Civil Code. +(2) In any action brought pursuant to this subdivision the court may award reasonable attorney’s fees. +(3) A community college, state university, or academic institution accredited in this state is required to include computer-related crimes as a specific violation of college or university student conduct policies and regulations that may subject a student to disciplinary sanctions up to and including dismissal from the academic institution. This paragraph shall not apply to the University of California unless the Board of Regents adopts a resolution to that effect. +(4) In any action brought pursuant to this subdivision for a willful violation of the provisions of subdivision (c), where it is proved by clear and convincing evidence that a defendant has been guilty of oppression, fraud, or malice as defined in subdivision (c) of Section 3294 of the Civil Code, the court may additionally award punitive or exemplary damages. +(5) No action may be brought pursuant to this subdivision unless it is initiated within three years of the date of the act complained of, or the date of the discovery of the damage, whichever is later. +(f) This section shall not be construed to preclude the applicability of any other provision of the criminal law of this state which applies or may apply to any transaction, nor shall it make illegal any employee labor relations activities that are within the scope and protection of state or federal labor laws. +(g) Any computer, computer system, computer network, or any software or data, owned by the defendant, that is used during the commission of any public offense described in subdivision (c) or any computer, owned by the defendant, which is used as a repository for the storage of software or data illegally obtained in violation of subdivision (c) shall be subject to forfeiture, as specified in Section 502.01. +(h) (1) Subdivision (c) does not apply to punish any acts which are committed by a person within the scope of his or her lawful employment. For purposes of this section, a person acts within the scope of his or her employment when he or she performs acts which are reasonably necessary to the performance of his or her work assignment. +(2) Paragraph (3) of subdivision (c) does not apply to penalize any acts committed by a person acting outside of his or her lawful employment, provided that the employee’s activities do not cause an injury, to the employer or another, or provided that the value of supplies or computer services which are used does not exceed an accumulated total of two hundred fifty dollars ($250). +(i) No activity exempted from prosecution under paragraph (2) of subdivision (h) which incidentally violates paragraph (2), (4), or (7) of subdivision (c) shall be prosecuted under those paragraphs. +(j) For purposes of bringing a civil or a criminal action under this section, a person who causes, by any means, the access of a computer, computer system, or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system, or computer network in each jurisdiction. +(k) In determining the terms and conditions applicable to a person convicted of a violation of this section the court shall consider the following: +(1) The court shall consider prohibitions on access to and use of computers. +(2) Except as otherwise required by law, the court shall consider alternate sentencing, including community service, if the defendant shows remorse and recognition of the wrongdoing, and an inclination not to repeat the offense.","Existing law establishes various crimes relating to computer services and systems, including to knowingly and without permission disrupt or cause the disruption of computer services including government computer services or public safety infrastructure computer system computer services, add, alter, damage, delete, or destroy any computer data, software, or program, introduce a computer contaminant, use the Internet domain name or profile of another. Existing law makes a violation of these provisions punishable by specified fines or terms of imprisonment, or by both those fines and imprisonment. +This bill would clarify the criminal penalties for specified computer crimes by making a person who violates those provisions guilty of a felony, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years and a fine not exceeding $10,000, or a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $5,000, or by both that fine and imprisonment.","An act to amend Section 502 of the Penal Code, relating to computer crimes." +411,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 54141 of the Government Code is amended to read: +54141. +As used in this article: +(a) “Local agency” means county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission, or agency thereof, or other local public agency. +(b) “United States” includes any department, board, or agency thereof. +(c) “State” includes any department or agency thereof. +(d) “Legislative body” means a legislative body as defined in Section 54952. +(e) (1) “Surplus military equipment” means equipment made available to a local agency pursuant to Section 2576a of Title 10 of the United States Code. +(2) “Tactical surplus military equipment” means surplus military equipment identified on the list developed and maintained by the state coordinator pursuant to subdivision (e) of Section 54145. +(f) “State coordinator” means the state agency that has signed a current memorandum of agreement with the federal Defense Logistics Agency for the purpose of administering a state program for acquiring surplus military equipment. +SEC. 2. +Section 54145 is added to the Government Code, to read: +54145. +(a) A local agency, other than a local law enforcement agency that is directly under the control of an elected officer, shall not apply to receive tactical surplus military equipment unless the legislative body of the local agency approves the acquisition of tactical surplus military equipment by ordinance or resolution, pursuant to subdivision (b), at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950)). +(b) The legislative body of a local agency may adopt an ordinance or resolution authorizing the local law enforcement agency in that jurisdiction to apply for tactical surplus military equipment. The ordinance or resolution shall comply with both of the following requirements: +(1) The ordinance shall include a list of the types of tactical surplus military equipment that the legislative body authorizes the local law enforcement agency to acquire. +(2) The legislative body shall review the ordinance or resolution at least annually. During the review, the legislative body shall vote on whether to renew the ordinance or resolution authorizing the acquisition of tactical surplus military equipment. If the legislative body does not approve a renewal pursuant to this paragraph, the authorization shall expire. +(c) This section shall not be construed to require the legislative body of a local agency to approve the acquisition of each individual item of tactical surplus military equipment, unless specified by the ordinance or resolution adopted pursuant to subdivision (b). +(d) The Legislature finds and declares that this section constitutes a matter of statewide concern, and shall apply to charter cities and charter counties. The provisions of this section shall supersede any inconsistent provisions in the charter of any city, county, or city and county. +(e) (1) The state coordinator, by January 31, 2016, shall develop a list of tactical surplus military equipment. The list shall identify surplus military equipment that warrants public input pursuant to this article. The state coordinator shall post this list on its Internet Web site and update it at least annually. +(2) In developing the list required by this subdivision, the state coordinator shall consider the current list of controlled property designated by the federal Defense Logistics Agency, as well as any other state or federal regulations or policies governing the use of surplus military equipment. +(3) The list required by this subdivision shall include, at minimum, the following types of equipment: +(A) Weapons. +(B) Armored vehicles. +(C) Watercraft. +(D) Aircraft. +(E) Other tactical equipment as determined by the state coordinator. +(f) Notwithstanding any other law, a local agency shall not apply to receive the following types of surplus military equipment: +(1) Tracked armored vehicles. +(2) Weaponized vehicles. +(3) Firearms of .50 caliber or greater. +(4) Ammunition of .50 caliber or greater. +(5) Grenade launchers. +(6) Bayonets. +(7) Camouflage uniforms. +SEC. 3. +The Legislature finds and declares that Section 2 of this act, which adds Section 54145 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: +Requiring local agencies to hold public meetings prior to the acquisition of federal surplus military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII   B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, delivery of purchases before payment, or prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency. +This bill would prohibit a local agency, other than a local law enforcement agency that is directly under the control of an elected officer, from applying to receive tactical surplus military equipment, as defined, pursuant to the above-described federal law unless the legislative body of the local agency approves the acquisition by ordinance or resolution at a regular public meeting. The bill would require the ordinance or resolution to include a list of the types of tactical surplus military equipment and would require the legislative body to review the ordinance at least annually, as specified. The bill would prohibit a local agency from applying to receive specified types of equipment. The bill would also declare that this is a matter of statewide concern. +The bill would also require the state agency that has signed a current memorandum of agreement with the Defense Logistics Agency for the purpose of administering a state program for acquiring surplus military equipment to develop a list of tactical surplus military equipment by January 31, 2016, as specified, and post the list on its Internet Web site. +By adding to the duties of local government officials, this bill would impose a state-mandated local program. +The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. +This bill would make legislative findings to that effect. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 54141 of, and to add Section 54145 to, the Government Code, relating to local government." +412,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 1.5 (commencing with Section 19905) is added to Chapter 11 of Part 11 of Division 1 of Title 1 of the Education Code, to read: +Article 1.5. 3D Printer Use +19905. +(a) Every public library that provides public access to a 3D printer shall post a notice prepared pursuant to subdivision (b) on or near the 3D printer. +(b) (1) The Department of Justice shall prepare and distribute to a public library that provides public access to a 3D printer a notice that would alert users of the 3D printer of the potential liability of the user for misuse of the 3D printer. The notice shall do all of the following: +(A) Provide citations to the applicable state and federal laws that may impose civil liability or criminal penalties for misuse of a 3D printer, including laws regarding copyright infringement and trademark and patent protection. +(B) Describe the potential damages for liability and criminal penalties that may apply for a violation of these laws. +(C) Alert users of the 3D printer that it is the responsibility of the user to be aware of and abide by the laws that may apply to the use of a 3D printer. +(2) The notice shall appear in 14-point type and not exceed two 8 inch by 11.5 inch pages in length. +(3) The Department of Justice shall annually review and revise the notice to reflect updates to the applicable laws. +(4) For purposes of this section, a “3D printer” means a machine or other device that manufactures or produces solid objects by depositing layers of material, including, but not limited to, plastic, pursuant to instructions that are stored and displayed in an electronic format as a digital model. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SECTION 1. +Section 6254.31 is added to the +Government Code +, to read: +6254.31. +(a)Notwithstanding any provision of this chapter, images, footage, or data obtained through the use of an unmanned aircraft system pursuant to Title 14 (commencing with Section 14350) of Part 4 of the Penal Code, or any related record, including, but not limited to, usage logs or logs that identify any person or entity that subsequently obtains or requests records of that system, are public records subject to disclosure. +(b)Notwithstanding subdivision (a), nothing in this chapter or any other law requires the disclosure of images, footage, or data obtained through the use of an unmanned aircraft system, or any related record, including, but not limited to, usage logs or logs that identify any person or entity that subsequently obtains or requests records of that system, to the extent that disclosure of the images, footage, data, or records would endanger the safety of a person involved in an investigation, or would endanger the successful completion of the investigation. +SEC. 2. +Title 14 (commencing with Section 14350) is added to Part 4 of the +Penal Code +, to read: +14. +UNMANNED AIRCRAFT SYSTEMS +14350. +(a)A public agency shall not use an unmanned aircraft system, or contract for the use of an unmanned aircraft system, except as provided in this title. This title shall apply to all public and private entities when contracting with a public agency for the use of an unmanned aircraft system. +(b)A law enforcement agency may use an unmanned aircraft system if it has obtained a warrant based on probable cause pursuant to this code. +(c)A law enforcement agency, without obtaining a warrant, may use an unmanned aircraft system in all of the following circumstances: +(1)In emergency situations if there is an imminent threat to life or of great bodily harm, including, but not limited to, fires, hostage crises, “hot pursuit” situations if reasonably necessary to prevent harm to law enforcement officers or others, and search and rescue operations on land or water. +(2)To assess the necessity of first responders in situations relating to traffic accidents. +(3)(A)To inspect state parks and wilderness areas for illegal vegetation or fires. +(B)For purposes of this paragraph, “wilderness areas” means public lands without permanent improvements or human habitation. +(4)To determine the appropriate response to an imminent or existing environmental emergency or disaster, including, but not limited to, oils spills or chemical spills. +(d)A public agency other than a law enforcement agency may use an unmanned aircraft system, or contract for the use of an unmanned aircraft system, to achieve the core mission of the agency provided that the purpose is unrelated to the gathering of criminal intelligence. +(e)A public agency that is not primarily a law enforcement agency, but that employs peace officers or performs functions related to criminal investigations, may use an unmanned aircraft system without obtaining a warrant to achieve the core mission of the agency provided that the purpose is unrelated to the gathering of criminal intelligence, and that the images, footage, or data are not used for any purpose other than that for which it was collected. +14351. +A public agency that uses an unmanned aircraft system, or contracts for the use of an unmanned aircraft system, pursuant to this title shall first provide reasonable notice to the public. Reasonable notice shall, at a minimum, consist of a one-time announcement regarding the agency’s intent to deploy unmanned aircraft system technology and a description of the technology’s capabilities. +14352. +(a)(1)(A)Except as permitted by this title, images, footage, or data obtained by a public agency, or any entity contracting with a public agency, pursuant to this title shall not be disseminated to a law enforcement agency unless the law enforcement agency has obtained a warrant for the images, footage, or data based on probable cause pursuant to this code, or the law enforcement agency would not have been required to obtain a warrant to collect the images, footage, or data itself, as specified in Section 14350. +(B)A public agency that is not primarily a law enforcement agency, but that employs peace officers or performs functions related to criminal investigations, may disseminate images, footage, or data collected pursuant to Section 14350 if the dissemination is to others within that agency. +(2)Except as permitted by this title, images, footage, or data obtained by a public agency, or any entity contracting with a public agency, through the use of an unmanned aircraft system shall not be disseminated outside the collecting public agency, unless one of the following circumstances applies: +(A)Images, footage, or data obtained by a public agency through the use of an unmanned aircraft system may be disseminated to another public agency that is not a law enforcement agency if the images, footage, or data are related to the core mission of both public agencies involved in the sending or receiving of the images, footage, or data. +(B)Images, footage, or data obtained by a public agency through the use of an unmanned aircraft system may be disseminated outside the collecting public agency if the images, footage, or data are evidence in any claim filed or any pending litigation. +(C)Images, footage, or data obtained by a public agency through the use of an unmanned aircraft system may be disseminated to a private entity if both of the following conditions are satisfied: +(i)The collecting public agency is not a law enforcement agency. +(ii)The images, footage, or data are related to the core function of the collecting public agency. +(3)A public agency may make available to the public images, footage, or data obtained by the public agency through the use of an unmanned aircraft system if both of the following conditions are satisfied: +(A)The images, footage, or data do not depict or describe any individual or group of individuals, or the activities of any individual or group of individuals whose identity or identities can be ascertained. +(B)The disclosure of the images, footage, or data is required to fulfill the public agency’s statutory or mandatory obligations. +(b)Except as permitted by this title, images, footage, or data obtained by a public agency through the use of an unmanned aircraft system shall not be used by the public agency for any purpose other than that for which it was collected. +(c)(1)Images, footage, or data obtained through the use of an unmanned aircraft system shall be permanently destroyed within one year, except that a public agency may retain the images, footage, or data in all of the following circumstances: +(A)For training purposes. Images, footage, or data retained for training purposes shall be used only for the education and instruction of a public agency’s employees in matters related to the mission of the public agency and for no other purpose. +(B)For academic research or teaching purposes. Images, footage, or data retained for academic research or teaching purposes shall be used only for the advancement of research and teaching conducted by an academic or research institution and matters related to the mission of the institution and for no other purpose. +(C)For purposes of monitoring material assets owned by the public agency. +(D)For environmental, public works, or land use management or planning by the public agency. +(2)Notwithstanding paragraph (1), a public agency may retain beyond one year images, footage, or data obtained through the use of an unmanned aircraft system in both of the following circumstances: +(A)If a warrant authorized the collection of the images, footage, or data. +(B)If the images, footage, or data are evidence in any claim filed or any pending litigation or enforcement proceeding. +14353. +Unless authorized by federal law, a person or entity, including a public agency subject to Section 14350 or a person or entity under contract to a public agency, for the purpose of that contract, shall not equip or arm an unmanned aircraft system with a weapon or other device that may be carried by or launched from an unmanned aircraft system and that is intended to cause bodily injury or death, or damage to, or the destruction of, real or personal property. +14354. +All unmanned aircraft systems shall be operated so as to minimize the collection of images, footage, or data of persons, places, or things not specified with particularity in the warrant authorizing the use of an unmanned aircraft system, or, if no warrant was obtained, for purposes unrelated to the justification for the operation. +14355. +(a)This title is not intended to conflict with or supersede federal law, including rules and regulations of the Federal Aviation Administration. +(b)A local legislative body may adopt more restrictive policies on the acquisition or use of unmanned aircraft systems. +14356. +For the purposes of this title, the following definitions shall apply: +(a)“Criminal intelligence” means information compiled, analyzed, or disseminated in an effort to anticipate, prevent, monitor, or investigate criminal activity. +(b)“Law enforcement agency” means the Attorney General of the State of California, each district attorney, and each agency of the State of California authorized by statute to investigate or prosecute law violators. +(c)“Public agency” means and includes each state agency and each local agency. +(d) “Unmanned aircraft system” means an unmanned aircraft and associated elements, including communication links and the components that control the unmanned aircraft, that are required for the pilot in command to operate safely and efficiently in the national airspace system. +14357. +Except as provided in this title, the surveillance restrictions on electronic devices described in Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 shall apply to the use or operation of an unmanned aircraft system by a public agency. +SEC. 3. +The Legislature finds and declares that Section 1 of this act, which adds Section 6254.31 of the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +In order to ensure the safety of persons involved in investigations and to preserve the integrity of those investigations, it is necessary that this act take effect.","Existing law generally provides for the establishment of public libraries. Existing law requires every public library that receives specified state funds and that provides public access to the Internet or to video recordings to, by a majority vote of the governing board, adopt a policy regarding access by minors to the Internet or to video recordings. +This bill would require every public library that provides public access to a 3D printer, as defined, to post a notice on or near the 3D printer that would alert users of the 3D printer of the potential liability of the user for misuse of the 3D printer, as specified. This bill would require the Department of Justice to draft and distribute this notice, as specified, and annually review and revise the notice for accuracy. By imposing additional duties upon local officials, this bill would create a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015. +This bill would generally prohibit public agencies from using unmanned aircraft systems, or contracting for the use of unmanned aircraft systems, as defined, with certain exceptions applicable to law enforcement agencies and in certain other cases, including when the use or operation of the unmanned aircraft system achieves the core mission of the agency and the purpose is unrelated to the gathering of criminal intelligence, as defined. +The bill would require reasonable public notice to be provided by public agencies intending to deploy unmanned aircraft systems, as specified. The bill would require images, footage, or data obtained through the use of an unmanned aircraft system under these provisions to be permanently destroyed within one year, except as specified. The bill would generally prohibit images, footage, or data obtained through the use of an unmanned aircraft system under these provisions from being disseminated outside the collecting public agency, except as specified. Unless authorized by federal law, the bill would prohibit a person or entity, including a public agency subject to these provisions, or a person or entity under contract to a public agency, for the purpose of that contract, from equipping or arming an unmanned aircraft system with a weapon or other device that may be carried by or launched from an unmanned aircraft system and that is intended to cause bodily injury or death, or damage to, or the destruction of, real or personal property. The bill would also provide that specified surveillance restrictions on electronic devices apply to the use or operation of an unmanned aircraft system by a public agency. +The bill would apply its provisions to all public and private entities when contracting with a public agency for the use of an unmanned aircraft system. +Existing law, the California Public Records Act, requires state and local agencies to make public records available for inspection, subject to certain exceptions. +This bill would make certain images, footage, or data obtained through the use of an unmanned aircraft system under its provisions, or any related record, including, but not limited to, usage logs or logs that identify any person or entity that subsequently obtains or requests records of that system, subject to disclosure. The bill would except from disclosure above images, footage, data, and records obtained through the use of an unmanned aircraft system, if disclosure would endanger the safety of a person involved in an investigation, or would endanger the successful completion of the investigation. +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to add +Section 6254.31 to the Government Code, and to add Title 14 (commencing with Section 14350) to Part 4 of the Penal Code, relating to unmanned aircraft systems. +Article 1.5 (commencing with Section 19905) to Chapter 11 of Part 11 of Division 1 of Title 1 of the Education Code, relating to libraries." +413,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) There are approximately 1.2 million adult Californians who suffer from severe mental illness and over 700,000 children in California who deal with severe emotional disturbance. +(2) Despite the importance of and emphasis on mental health parity, management of mental illness within a system of care is far more difficult than most types of physical illness. There are significant differences between the delivery systems for the Medi-Cal population and the delivery systems for those covered by private insurance, and there are unique problems associated with each system. While changes are needed in both, there is an immediate need to look for ways to better serve the insured population. +(3) The limited number of providers, the lack of facilities for treatment, and the difficulties of arranging for and coordinating ancillary services have made it extremely difficult for health insurers to meet the needs of enrollees facing significant mental health issues. +(4) Attempts to develop truly accessible provider networks that can link with the array of administrative and ancillary services that the mentally ill need to manage their disease and to improve will take an investment of time and resources. +(5) Systems of care known as Early Diagnosis and Preventive Treatment (EDAPT) programs may hold the key to these problems. These integrated systems of care provide early intervention, assessment, diagnosis, a treatment plan, and the services necessary to implement that plan. EDAPT programs have interdisciplinary teams of physicians, clinicians, advocates, and staff that coordinate care on an outpatient basis. +(6) EDAPT programs do not yet exist in sufficient numbers to allow them to meet the provider network requirements health insurers must meet. While it is possible under existing law for health insurers to contract with existing EDAPT programs, there are a number of regulatory and practical issues that stand in the way of directing patients to them so that the patients’ conditions can be effectively managed. If insurers could designate an EDAPT program as an exclusive provider for their enrollees, an assessment could be made of the overall efficacy of the model. +(b) Therefore, it is the intent of the Legislature to provide funding to augment private health benefit plan coverage in order to provide patients with the full range of necessary EDAPT services. +SEC. 2. +Part 6 (commencing with Section 5950) is added to Division 5 of the Welfare and Institutions Code, to read: +PART 6. EDAPT Funding Pilot Program +5950. +(a) There is hereby established the Early Diagnosis and Preventive Treatment (EDAPT) Program Fund within the State Treasury. Moneys from private or other sources may be deposited into the fund and used for purposes of this part. General Fund moneys shall not be deposited into the fund. +(b) When the Department of Finance has determined that the total amount of the moneys in the fund established pursuant to subdivision (a) has reached or exceeded one million two hundred thousand dollars ($1,200,000), the Controller shall distribute all of the moneys in the fund to the Regents of the University of California for the purpose of providing reimbursement to an EDAPT program for services provided to persons who are referred to that program, but whose private health benefit plan does not cover the full range of required services. +(c) Funds distributed pursuant to this part shall not be used to pay for services normally covered by the patient’s private health benefit plan and shall only be used to augment private health benefit plan coverage to provide the patient with the full range of necessary services. +(d) For purposes of this part, the following definitions shall apply: +(1) “EDAPT program” means an Early Diagnosis and Preventive Treatment program and refers to a program that utilizes integrated systems of care to provide early intervention, assessment, diagnosis, a treatment plan, and necessary services for individuals with severe mental illness and children with severe emotional disturbance using an interdisciplinary team of physicians, clinicians, advocates, and staff who coordinate care on an outpatient basis. +(2) “Private health benefit plan” means a program or entity that provides, arranges, pays for, or reimburses the cost of health benefits, but does not include coverage provided through the Medi-Cal system. +5951. +(a) If the Regents of the University of California accept moneys from the fund established pursuant to this part, or accept federal funds distributed by the State Department of Health Care Services as described in subdivision (b), the regents shall report, on or after January 1, 2022, but prior to January 1, 2023, to the health committees of both houses of the Legislature all of the following: +(1) Evidence as to whether the early psychosis approach reduces the duration of untreated psychosis, reduces the severity of symptoms, improves relapse rates, decreases the use of inpatient care in comparison to standard care, supports educational and career progress, and reduces the cost of treatment in comparison to standard treatment methodologies. +(2) The number of patients with private health benefit plans served by an EDAPT program in the 12 months prior to the implementation of this part. +(3) The number of patients with private health benefit plans served by an EDAPT program that has received funding pursuant to this part. +(4) The number of patients participating in an EDAPT program that has received funding pursuant to this part who are considered stabilized, as a percentage of patients served. +(5) The number of patients participating in an EDAPT program that has received funding pursuant to this part who need services beyond those provided in the program and the nature of those services. +(6) Any other information the regents deem necessary. +(b) If the State Department of Health Care Services distributes federal funds to the Regents of the University of California for the purpose of supporting an EDAPT program, the regents shall issue the report described in subdivision (a), to the extent permitted by federal law. +(c) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. +5952. +This part shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.","Existing law, the Bronzan-McCorquodale Act, sets out a system of community mental health care services provided by counties and administered by the State Department of Health Care Services. +This bill would establish the Early Diagnosis and Preventive Treatment (EDAPT) Program Fund in the State Treasury to provide funding to the Regents of the University of California for the purpose of providing reimbursement to an EDAPT program that would utilize integrated systems of care to provide early intervention, assessment, diagnosis, a treatment plan, and necessary services for individuals with severe mental illness and children with severe emotional disturbance, as specified. The bill would authorize moneys from private or other sources to be deposited into the fund and used for purposes of the bill. The bill would require, when the Department of Finance has determined that the total amount of the moneys in the fund has reached or exceeded $1,200,000, the Controller to distribute all of the moneys in the fund to the Regents of the University of California for the purpose of providing reimbursement to an EDAPT program for services provided to persons who are referred to that program, but whose private health benefit plan, as defined, does not cover the full range of required services, thereby making an appropriation. The bill would require the Regents of the University of California, if the regents accept the money, or if the regents accept federal funding distributed by the State Department of Health Care Services for the purpose of supporting an EDAPT program, as specified, to report, on or after January 1, 2022, but prior to January 1, 2023, specified information to the health committees of both houses of the Legislature. The bill would repeal the program as of January 1, 2023.","An act to add and repeal Part 6 (commencing with Section 5950) of Division 5 of the Welfare and Institutions Code, relating to mental health, and making an appropriation therefor." +414,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 15601 of the Elections Code is amended to read: +15601. +(a) The Secretary of State, within the Secretary of State’s existing budget, shall adopt regulations no later than January 1, 2008, for each voting system approved for use in the state and specify the procedures for recounting ballots, including vote by mail and provisional ballots, using those voting systems. +(b) No later than January 1, 2018, the Secretary of State shall revise and adopt regulations specifying procedures for recounting ballots, including regulations establishing guidelines for charges a county elections official may impose when conducting a manual recount pursuant to this chapter. +SEC. 2. +Section 15620 of the Elections Code is amended to read: +15620. +(a) Following completion of the official canvass and again following completion of any postcanvass risk-limiting audit conducted pursuant to Section 15560, any voter may, within five days thereafter, file with the elections official responsible for conducting an election in the county wherein the recount is sought a written request for a recount of the votes cast for candidates for any office, for slates of presidential electors, or for or against any measure, provided the office, slate, or measure is not voted on statewide. The request shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed. +(b) If an election is conducted in more than one county, the request for the recount may be filed by any voter within five days, beginning on the 31st day after the election, with the elections official of, and the recount may be conducted within, any or all of the affected counties. +(c) For the purposes of this section, “completion of the canvass” shall be presumed to be that time when the elections official signs the certified statement of the results of the election except that, in the case of a city election, if a city council canvasses the returns itself and does not order the elections official to conduct the canvass, “completion of the canvass” shall be presumed to be that time when the governing body declares the persons elected or the measures approved or defeated. +SEC. 3. +Section 15621 of the Elections Code is amended to read: +15621. +(a) Following completion of the official canvass any voter may, within five days beginning on the 31st day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. Additionally, any voter may file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide within five days following completion of any postcanvass risk-limiting audit conducted pursuant to Section 15560. A request filed pursuant to this section shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed. +(b) The Secretary of State shall forthwith send by registered mail one copy of the request to the elections official of each county in which a recount of the votes is sought. +(c) All the other provisions of this article shall apply to recounts conducted under this section. +SEC. 4. +Section 15621.5 is added to the Elections Code, to read: +15621.5. +If more than one voter requests a recount of the same office or measure pursuant to Section 15620 or 15621, and at least one request is for a manual recount, the county elections official of a county subject to multiple requests as described in this section shall conduct only one manual recount of the ballots subject to recount, the result of which shall be controlling. +SEC. 5. +Section 15626 of the Elections Code is amended to read: +15626. +The recount shall be commenced not more than seven days following the receipt by the elections official of the request or order for the recount under Section 15620, 15621, or 15645 and shall be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed. The recount shall not be commenced until the first day following notification of the individuals specified in Section 15628. +SEC. 6. +Section 15627 of the Elections Code is amended to read: +15627. +(a) If the votes subject to recount were cast or tabulated by a voting system, the voter requesting the recount shall, for each set of ballots cast or tabulated by a type of voting system, select whether the recount shall be conducted manually, or by means of the voting system used originally. Only one method of recount may be used for all ballots cast or tabulated by the same type of voting system. +(b) For purposes of direct recording electronic voting systems, “conducted manually” means that the voter verified paper audit trail of the electronically recorded vote is counted manually, as selected by the voter who requests the recount. +SEC. 7. +Section 15632 of the Elections Code is amended to read: +15632. +In lieu of the returns as reported in the official canvass, upon completion of the recount showing that a different candidate was nominated or elected, that a different presidential slate of electors received a plurality of the votes, or that a measure was defeated instead of approved or approved instead of defeated, there shall be entered the result of the recount in each precinct affected, which result shall, for all purposes thereafter, be the official returns of those precincts for the office, slates of presidential electors, or measure involved in the recount. If the office, slates of presidential electors, or measure are not voted on statewide, the results of any recount which is not completed by counting the votes in each and every precinct in the jurisdiction within which votes were cast on the candidates for the office, on the slates of electors, or on the measure in question shall be declared null and void. If the office, slates of presidential electors, or measure are voted on statewide, the results of any recount will be declared null and void where there is not recounted each vote cast statewide for the office, slates, or measure. +SEC. 8. +Article 5 (commencing with Section 15645) is added to Chapter 9 of Division 15 of the Elections Code, to read: +Article 5. State-Funded Recounts +15645. +(a) (1) Within five days after the Secretary of State files a statement of the vote, as required by subdivision (b) of Section 15501, the Governor may order a state-funded manual recount of all votes cast for a statewide office or state ballot measure if any of the following occurs, except as provided in paragraph (3): +(A) The official canvass of returns in a statewide primary election shows that the difference in the number of votes received by the second and third place candidates for a statewide office is less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast for that office except as provided in paragraph (2). +(B) The official canvass of returns in a statewide general election shows that the difference in the number of votes received by the two candidates receiving the greatest number of votes for a statewide office is less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast for that office. +(C) The official canvass of returns in a statewide election shows that the difference in the number of votes cast for and against a state ballot measure is less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast on the measure. +(2) The Governor shall not order a state-funded manual recount of all votes cast for the office of Superintendent of Public Instruction pursuant to this section unless the official canvass of returns in a statewide primary election shows either of the following: +(A) The number of votes received by the candidate receiving the greatest number of votes was either of the following: +(i) Between 0.49985 and 0.50015, inclusive, of the number of all votes cast. +(ii) Within 1,000 votes of 50 percent of the number of all votes cast. +(B) No candidate for the office of Superintendent of Public Instruction received votes on a majority of all the ballots cast for candidates for that office and the difference in the number of votes received by the second and third place candidates for that office was less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast for that office. +(3) If the conditions set forth in paragraph (1) are satisfied with respect to the number of votes cast for the office of Governor, the Secretary of State, but not the Governor, may order a state-funded manual recount pursuant to this section. +(4) For purposes of this subdivision, “statewide office” means the office of Governor, Lieutenant Governor, Attorney General, Controller, Insurance Commissioner, Secretary of State, Superintendent of Public Instruction, Treasurer, or Member of the United States Senate. +(b) If a state-funded recount is conducted pursuant to this section, no other recount shall be conducted. +(c) The State shall reimburse counties for costs resulting from conducting a manual recount pursuant to this section in an expeditious manner upon certification of those costs. +15646. +(a) Upon the Governor or Secretary of State ordering a recount pursuant to subdivision (a) of Section 15645, the Secretary of State shall notify the elections official of each county and shall direct the county elections officials to recount all the votes cast for the office or for and against the state ballot measure. +(b) (1) While conducting a recount pursuant to Section 15645, a county elections official shall also review ballots rejected pursuant to Section 15154 to ensure that no ballots were improperly discarded during the initial canvass. +(2) The process of reviewing rejected ballots pursuant to subdivision (a) shall be open to members of the public, including persons associated with a campaign or measure. +(c) The elections official in each county shall complete a recount pursuant to this section as follows: +(1) In a primary election, by three business days before the Secretary of State issues the certified list of candidates for the associated general election pursuant to Section 8120. +(2) In a general election, within 60 days of the Governor or Secretary of State ordering the recount. +15647. +All the provisions of Article 3 (commencing with Section 15620), except Sections 15620, 15621, 15622, 15623, 15624, and 15627, shall apply to this article unless otherwise provided herein. +15648. +The Secretary of State may adopt, amend, and repeal rules and regulations necessary for the administration of this article. +15649. +A county elections official shall only be required to conduct a recount pursuant to this article to the extent funds are appropriated for purposes of this article in the annual Budget Act or other statute. +SEC. 9. +Section 19204.5 is added to the Elections Code, to read: +19204.5. +(a) The Secretary of State shall not certify or conditionally approve a voting system that cannot facilitate the conduct of a ballot level comparison risk-limiting audit. +(b) (1) For purposes of this subdivision, a voting system that is “noncompliant” is a voting system that cannot facilitate the conduct of a ballot level comparison risk-limiting audit. +(2) Notwithstanding subdivision (a), the Secretary of State may, until January 1, 2021, approve a proposed change or modification to a noncompliant voting system even if the voting system will remain noncompliant after the change or modification. This paragraph shall become inoperative on January 1, 2021. +SEC. 10. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires the Secretary of State to adopt regulations relating to the use of voting systems in recounting ballots. +This bill would also require the Secretary of State to revise and adopt regulations relating to procedures for recounting ballots, including regulations establishing guidelines for the charges a county elections official may impose when conducting a manual recount. +(2) Existing law establishes procedures by which a voter may request a recount of the votes cast in an election following completion of the official canvass. Existing law requires a voter to make this request within 5 days beginning on the 29th day after the election. +This bill would instead permit a voter to file a request for a recount within 5 days beginning on the 30th day after the election. +(3) Any time during the conduct of a recount and for 24 hours thereafter, existing law permits any other voter to request a recount of any precincts in an election for the same office, slate of presidential electors, or measure not recounted as a result of the original request. Existing law also provides that, where applicable, a voter requesting a recount may select whether the recount shall be conducted manually, or by means of the voting system used originally, or both. +This bill would instead require a voter to select, for each type of voting system used, whether the recount is to be conducted manually, or by means of the voting system used originally, but not both. This bill would also specify that if more than one voter requests a recount of the same office or measure, and at least one request is for a manual recount, then the county elections official of any county subject to multiple requests is only obligated to conduct one manual recount of the ballots subject to the request, and that those results will control. +(4) Under existing law, a voter seeking a recount is required, before the recount is commenced and at the beginning of each subsequent day, to deposit with the elections official the amount of money required by the elections official to cover the cost of the recount for that day. +This bill would permit the Governor or Secretary of State, as specified, to order a state-funded manual recount of all votes cast for a statewide office or a state ballot measure if the difference in the number of votes received is less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast, as specified. This bill would also require a county elections official to review rejected ballots as part of a state-funded recount. +(5) Under existing law, upon completion of a recount showing that a different candidate was nominated or elected, that a different presidential slate of electors received a plurality of the votes, or that a measure was defeated instead of approved or approved instead of defeated, the result of the recount in each affected precinct is entered and is thereafter considered the official return of the affected precincts. Existing law provides that if an office, slates of presidential electors, or measure is voted on statewide, the results of any recount are null and void unless each vote cast for the office, slates, or measure in any county specified in the request for recount is recounted. +This bill would instead provide that if an office, slates of presidential electors, or measure is voted on statewide, the results of any recount are null and void unless each vote cast statewide for the office, slates, or measure is recounted. +(6) Existing law requires the Secretary of State to certify or conditionally approve a voting system prior to any election at which it is to be used, as specified. Existing law prohibits the Secretary of State from certifying or conditionally approving a voting system or part of a voting system that does not have certain technical capabilities. +This bill would also prohibit the Secretary of State from certifying or conditionally approving a voting system that cannot facilitate the conduct of a ballot level comparison risk-limiting audit; however, it would expressly permit the Secretary of State to approve a proposed change or modification to a noncompliant voting system even if the voting system would be unable to facilitate the conduct of a ballot level comparison risk-limiting audit after the change or modification. +By imposing new duties on local elections officials, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 15601, 15620, 15621, 15626, 15627, and 15632, of, to add Sections 15621.5 and 19204.5 to, and to add Article 5 (commencing with Section 15645) to Chapter 9 of Division 15 of, the Elections Code, relating to elections." +415,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) In 1977, the United States Food and Drug Administration (FDA) concluded that feeding livestock low doses of antibiotics from antibiotic classes that are used in human disease treatment could promote the development of antibiotic-resistance in bacteria and pose a risk to human health. The FDA, however, did not act in response to these findings, despite laws requiring the agency to do so. +(b) The FDA issued voluntary guidance in December 2013 on the nontherapeutic use of antibiotics; however, this guidance is unlikely to significantly reduce the nontherapeutic use of antibiotics in livestock because of a broad exemption allowing for the use of antibiotics for disease prevention. +(c) Not only do antibiotic-resistant bacteria affect the health of our society, but they also have a monetary impact. In 1998, the National Academy of Sciences noted that antibiotic-resistant bacteria generate a minimum of four to five billion dollars in costs to United States society and individuals every year. In 2009, in a study funded by the federal Centers for Disease Control and Prevention, Cook County Hospital and Alliance for Prudent Use of Antibiotics estimated that the total health care cost of antibiotic-resistant infections in the United States was between $16.6 billion and $26 billion annually. Societal costs from lost productivity due to illnesses were estimated to be an additional $35 billion. +(d) In April 1999, the United States Government Accountability Office conducted a study concluding that three strains of microorganisms that cause foodborne illnesses or disease in humans are resistant to antibiotics and are linked to the use of antibiotics in animals. These microorganisms that cause foodborne illnesses or disease in humans are resistant to antibiotics and are linked to the use of antibiotics in animals. These microorganisms are salmonella, campylobacter, and E. Coli. +(e) In 1999, 2006, and 2011, the United States Department of Agriculture’s Animal and Plant Health Inspection Service conducted large-scale, voluntary surveys that revealed all of the following: +(1) Eighty-four percent of grower and finisher swine farms, 83 percent of cattle feedlots, and 84 percent of sheep farms administer antimicrobials in feed or water for either health or growth promotion reasons. +(2) Many of the antimicrobials that were identified were identical or closely related to drugs used in human medicine, including tetracyclines, macrolides, bactricin, penicilllins, and sulfonamides. +(3) These drugs are used in people to treat serious diseases, such as pneumonia, scarlet fever, rheumatic fever, sexually transmitted infections, and skin infections; pandemics such as malaria and plague; and bioterrorism agents such as anthrax. +(f) In June 2002, the peer-reviewed journal, “Clinical Infectious Diseases,” published a report based on a two-year review, by experts in human and veterinary medicine, public health, microbiology, biostatistics, and risk analysis, of more than 500 scientific studies on the human health impacts of antimicrobial use in agriculture. The report recommended that antimicrobial agents should not be used in agriculture in the absence of disease and should be limited to therapy for diseased individual animals or prophylaxis when disease is documented in a herd or flock. +(g) In a March 2003 report, the National Academy of Sciences stated that a decrease in antimicrobial use in human medicine alone will have little effect on the rise in antibiotic-resistant bacteria and that substantial efforts must be made to decrease the inappropriate overuse of antimicrobials in animals and agriculture. +(h) In 2010, the peer-reviewed journal, “Molecular Cell,” published a study demonstrating that a low-dosage use of antibiotics causes a dramatic increase in genetic mutation, raising new concerns about the agricultural practice of using low-dosage antibiotics in order to stimulate growth promotion and routinely prevent disease in unhealthy conditions. +(i) In 2010, the Danish Veterinary and Food Administration testified that the Danish ban of the nontherapeutic use of antibiotics in food animal production resulted in a marked reduction in antimicrobial resistance in multiple bacterial species, including Campylobacter and Enterococci. +(j) In 2011, the FDA found that in 2010: +(1) Thirteen million five hundred thousand kilograms of antibacterial drugs were sold for use on food animals in the United States. +(2) Three million three hundred thousand kilograms of antibacterial drugs were used for human health. +(3) Eighty percent of antibacterial drugs, and over 70 percent of medically important antibacterial drugs, disseminated in the United States were sold for use on food-producing animals, rather than being used for human health. +(k) In 2011, a review of all scientific studies on antimicrobial use in farm animals, published in Clinical Microbiology Reviews, found the following: +(1) That the use of antibiotics in food-producing animals leads to the development of reservoirs of antibiotic resistance, that antibiotic-resistant bacteria can spread through food, water, air, soil, and meat-industry workers, and that bacteria can share resistance genes with each other. +(2) A ban on nontherapeutic antibiotic use in food-producing animals would preserve the use of antibiotics for medicine. +(3) A Danish ban on nontherapeutic antibiotics in food-producing animals resulted in little change in animal morbidity and mortality, and only a modest increase in production cost. +(l) The federal Centers for Disease Control and Prevention (CDC) concluded in a recent report, “Antibiotic Resistance Threats in the United States, 2013,” that overuse or misuse of antibiotics contributes to the spread of antibiotic resistance, whether in human medicine or in agriculture. The CDC estimated that antibiotic resistance causes at least 23,000 deaths and two million illnesses every year. +(m) In 2013, the peer-reviewed journal, “The Journal of the American Medical Association,” published a study showing higher levels of antibiotic-resistant skin and soft-tissue infections in people living in proximity to hog farms or fields treated with swine manure in Pennsylvania. Similarly, in 2014, the peer-reviewed journal, “Infection Control and Hospital Epidemiology,” published a study focused on hospitalized veterans in rural areas of Iowa, finding that people living in close proximity to a swine-feeding operation were nearly three times as likely to have been affected by methicillin-resistant Staphylococcus aureus (MRSA) at the time of admission to the hospital. +(n) The FDA’s National Antimicrobial Resistance Monitoring System routinely finds that retail meat products are contaminated with bacteria that are resistant to antibiotics that are important to human medicine. +(o) According to the American Academy of Pediatrics, “the largest nonhuman use of antimicrobial agents is in food-producing animal production, and most of this is in healthy animals to increase growth or prevent diseases. Evidence now exists that these uses of antimicrobial agents in food-producing animals have a direct negative impact on human health and multiple impacts on the selection and dissemination of resistance genes in animals and the environment. Children are at increased risk of acquiring many of these infections with resistant bacteria and are at great risk of severe complications if they become infected.” +(p) Many scientific studies confirm that the nontherapeutic use of antibiotics in food-producing animals contributes to the development of antibiotic-resistant bacterial infections in people. +(q) The spread of antibiotic-resistant bacteria poses a risk to the health of Californians and reduced use of antibiotics for livestock production is likely to reduce the risks of the rise and spread of antibiotic-resistant bacteria through food and other pathways, thus reducing the risk to Californians. +SEC. 2. +It is the intent of the Legislature to enact legislation that would address the overuse of antibiotics in livestock production.","Under existing law, the Department of Food and Agriculture is responsible for enforcing provisions relating to the importation of animals, milk and milk products, produce dealers, and other agricultural regulations. Existing law requires the Secretary of Food and Agriculture to make and enforce provisions relating to the manufacture, sale, and use of livestock drugs. +This bill would make various legislative findings and declarations relating to the nontherapeutic use of antibiotics in livestock, and would declare the intent of the Legislature to enact legislation that would address the overuse of antibiotics in livestock production.",An act relating to livestock drugs. +416,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) According to United States Census Bureau, California has a poverty rate of 23.5 percent, the highest rate of any state in the country. +(b) Children born into poverty are at higher risk of health and developmental disparities, including, but not limited to, premature birth, low birth weight, infant mortality, crime, domestic violence, developmental delays, dropping out of high school, substance abuse, unemployment, and child abuse and neglect. +(c) In 2014, the Legislature passed Assembly Concurrent Resolution No. 155 by Assembly Member Raul Bocanegra, recognizing that research over the last two decades in the evolving fields of neuroscience, molecular biology, public health, genomics, and epigenetics reveals that experiences in the first few years of life build changes into the biology of the human body that, in turn, influence the person’s physical and mental health over his or her lifetime. +(d) On May 3, 2012, Governor Edmund G. Brown Jr. issued Executive Order B-19-12, establishing the “Let’s Get Healthy California Task Force” to develop a 10-year plan for improving the health of Californians, controlling health care costs, promoting personal responsibility for individual health, and advancing health equity. +(e) The task force identified several priorities, including a subset for “Healthy Beginnings,” which include reducing infant deaths, increasing vaccination rates, reducing childhood trauma, and reducing adolescent tobacco use. +(f) The final report of the task force states, “the challenge going forward is to identify evidence-based interventions and quicken the pace of uptake across the state” in order to meet the ambitious goals in the Governor’s directive. +(g) Voluntary evidence-based home visiting programs, such as Nurse-Family Partnership, Healthy Families America, Early Head Start (Home-Based Program Option), Parents as Teachers, and Home Instruction for Parents of Preschool Youngsters, strengthen the critical parent-child relationship and connect families with information and resources during the pivotal time from pregnancy to five years of age. Extensive research has shown that evidence-based home visiting programs serving pregnant and parenting mothers, prenatal to the child turning five years of age, increase family self-sufficiency, positive parenting practices, child literacy and school readiness, and maternal and child health. +(h) Voluntary evidence-based home visiting program models focused on the prenatal period to five years of age range from low to high intensity, reflecting the broad spectrum of family needs that home visiting can impact. Many experts hail home visiting program diversity as essential to providing parents with choices and ensuring that programs are well matched with local needs and strengths, as well as responsive to the diverse needs of California’s children and families. +(i) In 2013, more than 248,000 Medi-Cal beneficiaries gave birth to a child. Because Medi-Cal covers half of all births in the state, this has increased costs for taxpayers. Medi-Cal expansion has resulted in an 18 percent increase in Medi-Cal enrollment to a total of 11.3 million, and enrollment is expected to exceed 12 million in 2015. +(j) The California Health and Human Services Agency recently submitted its State Health Care Innovation Plan, including the Maternity Care initiative, which addresses issues of high costs in maternity care, to the federal Center for Medicare and Medicaid Innovation. Child deliveries and related expenses, including high-risk births, rank among the top 10 high-cost episodes of health care, and in the last 15 years, California has seen a continual rise in maternal mortality. +(k) The cost of health care specifically related to high-risk pregnancies, neonatal intensive-care unit (NICU) services, toxic stress, and emergency room visits has increased and is projected to continue to rise. Average health care costs for women were 25 percent more than men primarily due to higher costs of health care during childbearing years. +(l) With more than three decades of evidence from randomized, controlled trials and rigorous followup evaluation studies, evidence-based home visiting programs have demonstrated sustained improvements in maternal health, child health, positive parenting practices, child development and school readiness, reductions in child maltreatment, family economic self-sufficiency, linkages and referrals, and reductions in family violence. +(m) Evidence-based home visiting programs have specifically demonstrated reductions in preterm births, preventable maternal mortality, smoking during pregnancy, complications of pregnancy, closely spaced subsequent births, childhood injuries resulting in costly emergency department use and hospitalizations, improved childhood immunization rates, compliance with well child visit schedules, lower body mass index rates, higher birth weights, and improved family well-being, including increased family health literacy, and parent self-help development. As a result of families benefiting from evidence-based home visiting, there have been cost savings to federal, state, and local governments with respect to programs and services, including Medicaid, the Supplemental Nutrition Assistance Program (SNAP), and the Temporary Assistance for Needy Families (TANF) program. +(n) The strong evidence of effectiveness and predictable return on investment demonstrate that evidence-based home visiting programs should be brought to scale in California to improve maternal and child health outcomes and help reduce health care costs for generations to come. +(o) By supporting families from the start, voluntary evidence-based home visiting programs serving families from prenatal to five years of age provide a foundation for subsequent early childhood programs and family support efforts to build upon, and can help ensure that families are well-equipped to raise California’s next generation of productive, healthy, and successful adults. +(p) Therefore, it is the intent of the Legislature to develop a means to leverage public and private dollars to substantially expand the scale of evidence-based home visiting programs throughout California, beginning with communities and populations with the greatest need. +SEC. 2. +Section 14148.25 is added to the Health and Safety Code, to read: +14148.25. +(a) The department shall, in consultation with stakeholders, including, but not limited to, representatives from Medi-Cal managed care plans, public and private hospitals, evidence-based home visiting programs, and other governmental entities including local and state law enforcement and corrections agencies, local and state social services agencies, and local and state educational agencies, develop a feasibility plan on or before January 1, 2017, that describes the costs, benefits, and any potential barriers related to offering evidence-based home visiting programs to Medi-Cal eligible pregnant and parenting women. The department shall consult with stakeholders from diverse geographical regions of the state. The department shall consider all of the following in developing the plan: +(1) Establishing Medi-Cal coverage for evidence-based home visiting program services. +(2) Incentives for Medi-Cal providers to offer evidence-based home visiting program services. +(3) Other mechanisms to fund evidence-based home visiting program services for Medi-Cal eligible pregnant and parenting women. +(4) Identifying among evidence-based home visiting programs those with established evidence to improve health outcomes, the experience of care, and cost savings to the health care system. +(b) In developing the plan, the department shall prioritize the identification of funding sources, other than General Fund moneys, to fund evidence-based home visiting program services, including local, federal, or private funds, or any other funds made available for these program services. +(c) For the purposes of this section, the following definitions shall apply: +(1) “Evidence-based program” means a program that is based on scientific evidence demonstrating that the program model is effective. An evidence-based program shall be reviewed on site and compared to program model standards by the model developer or the developer’s designee at least every five years to ensure that the program continues to maintain fidelity with the program model. The program model shall have had demonstrated and replicated significant and sustained positive outcomes that have been in one or more well-designed and rigorous randomized controlled research designs, and the evaluation results shall have been published in a peer-reviewed journal. +(2) “Evidence-based home visiting program” means a program or initiative that does all of the following: +(A) Meets, on or before April 1, 2015, the United States Department of Health and Human Services Maternal, Infant, and Early Childhood Home Visiting (MIECHV) criteria, as described in Section 511(d)(3)(A)(i)(l) of Title V of the Social Security Act (42 U.S.C. Sec. 711). +(B) Contains home visiting as a primary service delivery strategy by providers satisfying home visiting program requirements to provide services to families with a pregnant or parenting woman who is eligible for medical assistance. +(C) Offers services on a voluntary basis to pregnant women, expectant fathers, and parents and caregivers of children from prenatal to five years of age. +(D) Targets participant outcomes that include all of the following: +(i) Improved maternal and child health. +(ii) Prevention of child injuries, child abuse or maltreatment, and reduction of emergency department visits. +(iii) Improvements in school readiness and achievement. +(iv) Reduction in crime or domestic violence. +(v) Improvements in family economic self-sufficiency. +(vi) Improvements in coordination of, and referrals to, other community resources and support. +(vii) Improvements in parenting skills related to child development.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including perinatal services for pregnant women. +Existing law establishes the Nurse-Family Partnership program, which is administered by the State Department of Public Health, to provide grants for voluntary nurse home visiting programs for expectant first-time mothers, their children, and their families. Under existing law, a county is required to satisfy specified requirements in order to be eligible to receive a grant. +This bill would require the State Department of Health Care Services, in consultation with specified stakeholders, to develop a feasibility plan on or before January 1, 2017, that describes the costs, benefits, and any potential barriers related to offering evidence-based home visiting programs to Medi-Cal eligible pregnant and parenting women. The bill would also require the department, in developing the plan, to consider, among other things, establishing Medi-Cal coverage for evidence-based home visiting program services and incentives for Medi-Cal providers to offer those services, and would require the department, in developing the plan, to prioritize the identification of funding sources, other than General Fund moneys, to fund evidence-based home visiting program services.","An act to add Section 14148.25 to the Welfare and Institutions Code, relating to perinatal care." +417,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 5348 of the Welfare and Institutions Code is amended to read: +5348. +(a) For purposes of subdivision (e) of Section 5346, a county that chooses to provide assisted outpatient treatment services pursuant to this article shall offer assisted outpatient treatment services including, but not limited to, all of the following: +(1) Community-based, mobile, multidisciplinary, highly trained mental health teams that use high staff-to-client ratios of no more than 10 clients per team member for those subject to court-ordered services pursuant to Section 5346. +(2) A service planning and delivery process that includes the following: +(A) Determination of the numbers of persons to be served and the programs and services that will be provided to meet their needs. The local director of mental health shall consult with the sheriff, the police chief, the probation officer, the mental health board, contract agencies, and family, client, ethnic, and citizen constituency groups as determined by the director. +(B) Plans for services, including outreach to families whose severely mentally ill adult is living with them, design of mental health services, coordination and access to medications, psychiatric and psychological services, substance abuse services, supportive housing or other housing assistance, vocational rehabilitation, and veterans’ services. Plans shall also contain evaluation strategies, which shall consider cultural, linguistic, gender, age, and special needs of minorities and those based on any characteristic listed or defined in Section 11135 of the Government Code in the target populations. Provision shall be made for staff with the cultural background and linguistic skills necessary to remove barriers to mental health services as a result of having limited-English-speaking ability and cultural differences. Recipients of outreach services may include families, the public, primary care physicians, and others who are likely to come into contact with individuals who may be suffering from an untreated severe mental illness who would be likely to become homeless if the illness continued to be untreated for a substantial period of time. Outreach to adults may include adults voluntarily or involuntarily hospitalized as a result of a severe mental illness. +(C) Provision for services to meet the needs of persons who are physically disabled. +(D) Provision for services to meet the special needs of older adults. +(E) Provision for family support and consultation services, parenting support and consultation services, and peer support or self-help group support, if appropriate. +(F) Provision for services to be client-directed and to employ psychosocial rehabilitation and recovery principles. +(G) Provision for psychiatric and psychological services that are integrated with other services and for psychiatric and psychological collaboration in overall service planning. +(H) Provision for services specifically directed to seriously mentally ill young adults 25 years of age or younger who are homeless or at significant risk of becoming homeless. These provisions may include continuation of services that still would be received through other funds had eligibility not been terminated as a result of age. +(I) Services reflecting special needs of women from diverse cultural backgrounds, including supportive housing that accepts children, personal services coordinator therapeutic treatment, and substance treatment programs that address gender-specific trauma and abuse in the lives of persons with mental illness, and vocational rehabilitation programs that offer job training programs free of gender bias and sensitive to the needs of women. +(J) Provision for housing for clients that is immediate, transitional, permanent, or all of these. +(K) Provision for clients who have been suffering from an untreated severe mental illness for less than one year, and who do not require the full range of services, but who are at risk of becoming homeless unless a comprehensive individual and family support services plan is implemented. These clients shall be served in a manner that is designed to meet their needs. +(3) Each client shall have a clearly designated mental health personal services coordinator who may be part of a multidisciplinary treatment team that is responsible for providing or assuring needed services. Responsibilities include complete assessment of the client’s needs, development of the client’s personal services plan, linkage with all appropriate community services, monitoring of the quality and followthrough of services, and necessary advocacy to ensure each client receives those services that are agreed to in the personal services plan. Each client shall participate in the development of his or her personal services plan, and responsible staff shall consult with the designated conservator, if one has been appointed, and, with the consent of the client, shall consult with the family and other significant persons as appropriate. +(4) The individual personal services plan shall ensure that persons subject to assisted outpatient treatment programs receive age-appropriate, gender-appropriate, and culturally appropriate services, to the extent feasible, that are designed to enable recipients to: +(A) Live in the most independent, least restrictive housing feasible in the local community, and, for clients with children, to live in a supportive housing environment that strives for reunification with their children or assists clients in maintaining custody of their children as is appropriate. +(B) Engage in the highest level of work or productive activity appropriate to their abilities and experience. +(C) Create and maintain a support system consisting of friends, family, and participation in community activities. +(D) Access an appropriate level of academic education or vocational training. +(E) Obtain an adequate income. +(F) Self-manage their illnesses and exert as much control as possible over both the day-to-day and long-term decisions that affect their lives. +(G) Access necessary physical health care and maintain the best possible physical health. +(H) Reduce or eliminate serious antisocial or criminal behavior, and thereby reduce or eliminate their contact with the criminal justice system. +(I) Reduce or eliminate the distress caused by the symptoms of mental illness. +(J) Have freedom from dangerous addictive substances. +(5) The individual personal services plan shall describe the service array that meets the requirements of paragraph (4), and to the extent applicable to the individual, the requirements of paragraph (2). +(b) A county that provides assisted outpatient treatment services pursuant to this article also shall offer the same services on a voluntary basis. +(c) Involuntary medication shall not be allowed absent a separate order by the court pursuant to Sections 5332 to 5336, inclusive. +(d) A county that operates an assisted outpatient treatment program pursuant to this article shall provide data to the State Department of Health Care Services and, based on the data, the department shall report to the Governor and the Legislature on or before May 1 of each year regarding the services the county provides pursuant to this article. The report shall include, at a minimum, an evaluation of the effectiveness of the strategies employed by each program operated pursuant to this article in reducing homelessness and hospitalization of persons in the program and in reducing involvement with local law enforcement by persons in the program. The evaluation and report shall also include any other measures identified by the department regarding persons in the program and all of the following, based on information that is available: +(1) The number of persons served by the program and, of those, the number who are able to maintain housing and the number who maintain contact with the treatment system. +(2) The number of persons in the program with contacts with local law enforcement, and the extent to which local and state incarceration of persons in the program has been reduced or avoided. +(3) The number of persons in the program participating in employment services programs, including competitive employment. +(4) The days of hospitalization of persons in the program that have been reduced or avoided. +(5) Adherence to prescribed treatment by persons in the program. +(6) Other indicators of successful engagement, if any, by persons in the program. +(7) Victimization of persons in the program. +(8) Violent behavior of persons in the program. +(9) Substance abuse by persons in the program. +(10) Type, intensity, and frequency of treatment of persons in the program. +(11) Extent to which enforcement mechanisms are used by the program, when applicable. +(12) Social functioning of persons in the program. +(13) Skills in independent living of persons in the program. +(14) Satisfaction with program services both by those receiving them, and by their families, when relevant. +SEC. 2. +Section 5349.5 of the Welfare and Institutions Code is amended to read: +5349.5. +This article shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.","Existing law, the Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Laura’s Law, until January 1, 2017, grants each county the authority to offer certain assisted outpatient treatment services for their residents by adoption of a resolution or through the county budget process and by making a finding that no mental health program, as specified, may be reduced as a result of implementation. Under that law, participating counties are required to provide prescribed assisted outpatient services, including a service planning and delivery process, that are client-directed and employ psychosocial rehabilitation and recovery principles. Existing law authorizes participating counties to pay for the services provided from moneys distributed to the counties from various continuously appropriated funds, including the Local Revenue Fund and the Mental Health Services Fund when included in a county plan, as specified. Existing law requires the State Department of Health Care Services to submit a report and evaluation of all counties implementing any component of these provisions to the Governor and the Legislature by July 1, 2015. +This bill would extend the operation of the program until January 1, 2022, and would delete that reporting requirement. By extending the authorization to pay for the services using moneys from various continuously appropriated funds, the bill would make an appropriation. +Existing law requires a county that operates an assisted outpatient treatment program pursuant to these provisions to provide data to the department, and requires the department to report to the Legislature on or before May 1 of each year based on that data, as specified. +This bill would additionally require the department to report that information to the Governor.","An act to amend Sections 5348 and 5349.5 of the Welfare and Institutions Code, relating to mental health services, and making an appropriation therefor." +418,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6240 of the Business and Professions Code is amended to read: +6240. +For purposes of this article, the following definitions apply: +(a) “Immigration reform act” means either of the following: +(1) Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an authorized period, to attain a lawful status under federal law or to otherwise remain in the country. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted. +(2) The President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an approved period pursuant to a visa, to attain a lawful status under federal law or to otherwise remain in the country. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued. +(b) (1) “Immigration reform act services” means services offered in connection with an immigration reform act that are exclusively for the purpose of preparing an application and other related initial processes in order for an undocumented immigrant, who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an approved period pursuant to a visa, to attain a lawful status under federal law or to otherwise remain in the country. +(2) Immigration reform act services do not include services that have an independent value apart from the preparation of an application pursuant to an immigration reform act and other related initial processes, including, but not limited to, assisting a client in preventing removal from the United States, preventing any other adverse action related to the ability to remain in the United States, including pending legal action, and achieving postconviction relief from prior criminal convictions. +SEC. 2. +Section 6242 of the Business and Professions Code is amended to read: +6242. +(a) It is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following: +(1) An immigration reform act as defined in paragraph (1) of subdivision (a) of Section 6240, before the enactment of that act, when the relevant form or application is released or announced and is not subject to any pending legal action, or when the acceptance date of the relevant form or application has been announced, whichever is sooner. +(2) (A) Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests. +(B) Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests. +(C) Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available. +(b) Any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds or placed into a client trust account, which must be returned or utilized under the provisions of the act amending this subdivision no later than January 20, 2017. +(c) (1) If an attorney providing immigration reform act services accepted funds for immigration reform act services prior to the effective date of this amendment to this section, and the services to be performed in connection with payment of those funds were rendered, the attorney shall promptly, but no later than 30 days after the effective date of this amendment to this section, provide the client with a statement of accounting describing the services rendered. +(2) (A) Any funds received before the effective date of this amendment to this section for which immigration reform act services were not rendered prior to the effective date of this amendment to this section shall be either refunded to the client or deposited in a client trust account. +(B) If an attorney deposits funds in a client trust account pursuant to this paragraph, he or she shall provide a written notice, in both English and the client’s native language, informing the client of the following: +(i) That there are no benefits or relief available, and that no application for such benefits or relief may be processed, until enactment or implementation of an immigration reform act and the related necessary federal regulations or forms, and that, commencing with the effective date of this amendment to this section, it is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment or implementation of an immigration reform act. +(ii) That he or she may report complaints to the Executive Office for Immigration Review of the United States Department of Justice, to the State Bar of California, or to the bar of the court of any state, possession, territory, or commonwealth of the United States or of the District of Columbia where the attorney is admitted to practice law. The notice shall include the toll-free telephone numbers and Internet Web sites of those entities. +SEC. 3. +Section 22442.5 of the Business and Professions Code is amended to read: +22442.5. +(a) An immigration consultant who provides immigration reform act services shall establish and deposit into a client trust account any funds received from a client prior to performing those services for that client. +(b) For purposes of this section, the following definitions apply: +(1) “Immigration reform act” means either of the following: +(A) Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted. +(B) The President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued. +(2) “Immigration reform act services” means services described in Section 22441 that are provided in connection with an immigration reform act. +(c) The immigration consultant providing immigration reform act services for the client may withdraw funds received from that client only in compliance with either of the following: +(1) After completing one or more of the itemized services described in paragraph (1) of subdivision (b) of Section 22442, and only in the amount identified as the cost of that service or those services pursuant to paragraph (2) of subdivision (b) of Section 22442. +(2) After completing one or more of the documents listed, and only in the amounts listed, pursuant to paragraph (4) of subdivision (b) of Section 22442. +SEC. 4. +Section 22442.6 of the Business and Professions Code is amended to read: +22442.6. +(a) It is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following: +(1) An immigration reform act as defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 22442.5, before the enactment of that act. +(2) (A) Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests. +(B) Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests. +(C) Requests for Expanded Provisional Waivers of Unlawful Presence under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the issuance and effective date of new guidelines and regulations for those provisional waivers. +(D) Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available. +(b) Any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds. +(c) (1) If an immigration consultant providing immigration reform act services accepted funds prior to the effective date of this amendment to this section, and the services provided in connection with payment of those funds were rendered, the consultant shall promptly, but no later than 30 days after the effective date of this amendment to this section, provide the client with a statement of accounting describing the services rendered. +(2) (A) Any funds received before the effective date of this amendment to this section for which immigration reform act services were not rendered prior to the effective date of this amendment to this section shall either be refunded to the client or shall be deposited in a client trust account pursuant to Section 22442.5. +(B) If an immigration consultant deposits funds in a client trust account pursuant to this paragraph, he or she shall comply with all applicable provisions of this chapter, including Section 22442, and shall provide to the client a written notice, in both English and in the client’s native language, that there are no benefits or relief available, that no application for such benefits or relief may be processed until enactment or implementation of an immigration reform act and the related necessary federal regulations and forms, and that commencing with the effective date of this amendment to this section, it is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment or implementation of an immigration reform act. +(d) (1) In addition to the remedies and penalties prescribed in this chapter, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney. +(2) In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following: +(A) The nature and severity of the misconduct. +(B) The number of violations. +(C) The length of time over which the misconduct occurred, and the persistence of the misconduct. +(D) The willfulness of the misconduct. +(E) The defendant’s assets, liabilities, and net worth. +(3) If the Attorney General brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If a district attorney brings the action, the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If a city attorney brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered. +(4) The court shall grant a prevailing plaintiff reasonable attorneys’ fees and costs. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 6. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to implement measures as quickly as possible and as necessary to prevent fraud on immigrants by attorneys and other persons by making promises of benefits and relief under pending and proposed federal immigration reform acts before their enactment or before their relief and remedies become available, it is necessary that this act take effect immediately.","Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law prohibits an attorney from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, that is enacted after October 5, 2013, and before January 1, 2017, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law requires the State Bar to provide specified information relating to immigration reform act services on its Internet Web site. +This bill would revise the definition of an immigration reform act to include any immigration reform act enacted after October 5, 2013, the President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an approved period, to attain a lawful status under federal law or to otherwise remain in the country. This bill would require the State Bar to announce and post on its Internet Web site when an executive action or order described above has been issued. This bill would provide that it is unlawful for an attorney to demand or accept the advance payment of any funds for immigration reform act services in connection with requests for expanded Deferred Action for Childhood Arrivals, requests for Deferred Action for Parents of Americans and Lawful Permanent Residents, or other future relief, as provided, under federal law. This bill would also provide that an advance payment of funds for immigration reform act services may be placed into a client trust account, as specified. +Existing law provides for the regulation of a person engaged in the business or acting in the capacity of an immigration consultant, and provides that a violation of these provisions is a crime. Existing law requires an immigration consultant to establish a client trust account and to deposit in this account any funds received from the client prior to performing immigration reform act services, as defined, for that client. Existing law prohibits an immigration consultant from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, that is enacted after October 5, 2013, and before January 1, 2017, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law prescribes civil penalties, not to exceed $1,000 per day for each violation, for immigration consultants who violate these provisions. +This bill would revise the definition of an immigration reform act to include any immigration reform act enacted after October 5, 2013, the President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. This bill would require the State Bar to announce and post on its Internet Web site when an executive action or order described above has been issued. This bill would provide that it is unlawful for an immigration consultant to demand or accept the advance payment of any funds for immigration reform act services in connection with requests for expanded Deferred Action for Childhood Arrivals, requests for Deferred Action for Parents of Americans and Lawful Permanent Residents, expanded Provisional Waivers of Unlawful Presence, or other future relief, as provided, under federal law. +Because a violation of these provisions by an immigration consultant would be a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 6240, 6242, 22442.5, and 22442.6 of the Business and Professions Code, relating to immigration services, and declaring the urgency thereof, to take effect immediately." +419,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1464 of the Penal Code is amended to read: +1464. +(a) (1) Subject to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and except as otherwise provided in this section, there shall be levied a state penalty in the amount of ten dollars ($10) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including all offenses, except parking offenses as defined in subdivision (i) of Section 1463, involving a violation of a section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. +(2) Any bail schedule adopted pursuant to Section 1269b or bail schedule adopted by the Judicial Council pursuant to Section 40310 of the Vehicle Code may include the necessary amount to pay the penalties established by this section and Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and the surcharge authorized by Section 1465.7, for all matters where a personal appearance is not mandatory and the bail is posted primarily to guarantee payment of the fine. +(3) The penalty imposed by this section does not apply to the following: +(A) Any restitution fine. +(B) Any penalty authorized by Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code. +(C) Any parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. +(D) The state surcharge authorized by Section 1465.7. +(b) Where multiple offenses are involved, the state penalty shall be based upon the total fine or bail for each case. When a fine is suspended, in whole or in part, the state penalty shall be reduced in proportion to the suspension. +(c) When any deposited bail is made for an offense to which this section applies, and for which a court appearance is not mandatory, the person making the deposit shall also deposit a sufficient amount to include the state penalty prescribed by this section for forfeited bail. If bail is returned, the state penalty paid thereon pursuant to this section shall also be returned. +(d) In any case where a person convicted of any offense, to which this section applies, is in prison until the fine is satisfied, the judge may waive all or any part of the state penalty, the payment of which would work a hardship on the person convicted or his or her immediate family. +(e) After a determination by the court of the amount due, the clerk of the court shall collect the penalty and transmit it to the county treasury. The portion thereof attributable to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code shall be deposited in the appropriate county fund and 70 percent of the balance shall then be transmitted to the State Treasury, to be deposited in the State Penalty Fund, which is hereby created, and 30 percent to remain on deposit in the county general fund. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by a county. +(f) The moneys so deposited in the State Penalty Fund shall be distributed as follows: +(1) Once a month there shall be transferred into the Fish and Game Preservation Fund an amount equal to 0.33 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month, except that the total amount shall not be less than the state penalty levied on fines or forfeitures for violation of state laws relating to the protection or propagation of fish and game. These moneys shall be used for the education or training of department employees which fulfills a need consistent with the objectives of the Department of Fish and +Game +Wildlife +. +(2) Once a month there shall be transferred into the Restitution Fund an amount equal to 32.02 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. Those funds shall be made available in accordance with Section 13967 of the Government Code. +(3) Once a month there shall be transferred into the Peace Officers’ Training Fund an amount equal to 23.99 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. +(4) Once a month there shall be transferred into the +Driver Training Penalty Assessment Fund +Body-worn Camera F +und +an amount equal to 25.70 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. +(5) Once a month there shall be transferred into the Corrections Training Fund an amount equal to 7.88 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. Money in the Corrections Training Fund is not continuously appropriated and shall be appropriated in the Budget Act. +(6) Once a month there shall be transferred into the Local Public Prosecutors and Public Defenders Training Fund established pursuant to Section 11503 an amount equal to 0.78 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. The amount so transferred shall not exceed the sum of eight hundred fifty thousand dollars ($850,000) in any fiscal year. The remainder in excess of eight hundred fifty thousand dollars ($850,000) shall be transferred to the Restitution Fund. +(7) Once a month there shall be transferred into the Victim-Witness Assistance Fund an amount equal to 8.64 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. +(8) (A) Once a month there shall be transferred into the Traumatic Brain Injury Fund, created pursuant to Section 4358 of the Welfare and Institutions Code, an amount equal to 0.66 percent of the state penalty funds deposited into the State Penalty Fund during the preceding month. However, the amount of funds transferred into the Traumatic Brain Injury Fund for the 1996–97 fiscal year shall not exceed the amount of five hundred thousand dollars ($500,000). Thereafter, funds shall be transferred pursuant to the requirements of this section. Notwithstanding any other provision of law, the funds transferred into the Traumatic Brain Injury Fund for the 1997–98, 1998–99, and 1999–2000 fiscal years, may be expended by the State Department of Mental Health, in the current fiscal year or a subsequent fiscal year, to provide additional funding to the existing projects funded by the Traumatic Brain Injury Fund, to support new projects, or to do both. +(B) Any moneys deposited in the State Penalty Fund attributable to the assessments made pursuant to subdivision (i) of Section 27315 of the Vehicle Code on or after the date that Chapter 6.6 (commencing with Section 5564) of Part 1 of Division 5 of the Welfare and Institutions Code is repealed shall be utilized in accordance with paragraphs (1) to (8), inclusive, of this subdivision. +SECTION 1. +SEC. 2. +Title 14 (commencing with Section 14400) is added to Part 4 of the Penal Code, to read: +TITLE 14. Body-Worn Camera +Matching +Grant Program for Local Law Enforcement +14400. +The +Department of Justice +Board of State and Community Corrections +shall develop a +matching +grant program for the purpose of +matching federal +making +funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment +, and to hire personnel necessary to operate a local body-worn camera program +. +The matching grant program shall allow the state either to apply for federal matching funds on behalf of a local law enforcement entity, or to reimburse a local law enforcement entity that has expended its funds for federal matching fund purposes. +14402. +The state matching grant program shall comport with requirements of the federal matching fund program for purposes of purchasing body-worn cameras for use by local peace officers. +14402. +The Body-worn Camera Fund is hereby created. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the Board of State and Community Corrections for the purposes of Section 14400. +14404. +If federal funds become available for the purpose of purchasing body-worn cameras and related equipment for local law enforcement, the Board of State and Community Corrections shall adjust the grant program to maximize state and local competitiveness in obtaining federal funds, and the board shall either apply for federal funds on behalf of a local law enforcement agency, or reimburse a local law enforcement agency that has expended funds for federal funds purposes. +SEC. 2. +There is hereby appropriated from the General Fund to the Department of Justice, the amount of ____ dollars ($____) for the purpose of matching federal funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment.","Existing law generally requires local agencies to provide each newly hired police officer and deputy sheriff with a pistol and other specified equipment. +This bill would appropriate an unspecified sum from the General Fund to the Department of Justice for purposes of matching federal funds available to purchase body-worn cameras and related equipment for use by local peace officers. The bill would require the department to develop a matching grant program for local jurisdictions that would either allow the state to apply for federal matching funds on behalf of a local law enforcement entity, or to reimburse a local law enforcement entity that has expended its funds for purposes of obtaining federal matching funds for body-worn cameras, as described. +This bill would require the Board of State and Community Corrections to develop a grant program to make funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment, and to hire personnel necessary to operate a local body-worn camera program. The bill would create the Body-worn Camera Fund, that would continuously appropriate funds to the board for those purposes. +Existing law creates the State Penalty Fund into which moneys collected by the courts from the imposition of fines, forfeitures, or penalties on criminal offenses are deposited. Once a month, certain percentages of money in that fund are transferred into other funds, including, among others, the Driver Training Penalty Assessment Fund. +This bill would delete the transfer requirement for the Driver Training Penalty Assessment Fund and instead require a transfer to the Body-worn Camera Fund. +By transferring general fund moneys into a continuously appropriated fund, this bill would make an appropriation.","An act to +amend Section 1464 of, and to +add Title 14 (commencing with Section 14400) to Part 4 of the Penal Code, relating to peace officers, and making an appropriation therefor." +420,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 832.18 is added to the Penal Code, to read: +832.18. +(a) It is the intent of the Legislature to establish policies and procedures to address issues related to the downloading and storage data recorded by a body-worn camera worn by a peace officer. These policies and procedures shall be based on best practices. +(b) When establishing policies and procedures for the implementation and operation of a body-worn camera system, law enforcement agencies, departments, or entities shall consider the following best practices regarding the downloading and storage of body-worn camera data: +(1) Designate the person responsible for downloading the recorded data from the body-worn camera. If the storage system does not have automatic downloading capability, the officer’s supervisor should take immediate physical custody of the camera and should be responsible for downloading the data in the case of an incident involving the use of force by an officer, an officer-involved shooting, or other serious incident. +(2) Establish when data should be downloaded to ensure the data is entered into the system in a timely manner, the cameras are properly maintained and ready for the next use, and for purposes of tagging and categorizing the data. +(3) Establish specific measures to prevent data tampering, deleting, and copying, including prohibiting the unauthorized use, duplication, or distribution of body-worn camera data. +(4) Categorize and tag body-worn camera video at the time the data is downloaded and classified according to the type of event or incident captured in the data. +(5) Specifically state the length of time that recorded data is to be stored. +(A) Unless subparagraph (B) or (C) applies, nonevidentiary data including video and audio recorded by a body-worn camera should be retained for a minimum of 60 days, after which it may be erased, destroyed, or recycled. An agency may keep data for more than 60 days to have it available in case of a citizen complaint and to preserve transparency. +(B) Evidentiary data including video and audio recorded by a body-worn camera under this section should be retained for a minimum of two years under any of the following circumstances: +(i) The recording is of an incident involving the use of force by a peace officer or an officer-involved shooting. +(ii) The recording is of an incident that leads to the detention or arrest of an individual. +(iii) The recording is relevant to a formal or informal complaint against a law enforcement officer or a law enforcement agency. +(C) If evidence that may be relevant to a criminal prosecution is obtained from a recording made by a body-worn camera under this section, the law enforcement agency should retain the recording for any time in addition to that specified in paragraphs (A) and (B), and in the same manner as is required by law for other evidence that may be relevant to a criminal prosecution. +(D) In determining a retention schedule, the agency should work with its legal counsel to determine a retention schedule to ensure that storage policies and practices are in compliance with all relevant laws and adequately preserve evidentiary chains of custody. +(E) Records or logs of access and deletion of data from body-worn cameras should be retained permanently. +(6) State where the body-worn camera data will be stored, including, for example, an in-house server which is managed internally, or an online cloud database which is managed by a third-party vendor. +(7) If using a third-party vendor to manage the data storage system, the following factors should be considered to protect the security and integrity of the data: +(A) Using an experienced and reputable third-party vendor. +(B) Entering into contracts that govern the vendor relationship and protect the agency’s data. +(C) Using a system that has a built-in audit trail to prevent data tampering and unauthorized access. +(D) Using a system that has a reliable method for automatically backing up data for storage. +(E) Consulting with internal legal counsel to ensure the method of data storage meets legal requirements for chain-of-custody concerns. +(F) Using a system that includes technical assistance capabilities. +(8) Require that all recorded data from body-worn cameras are property of their respective law enforcement agency and shall not be accessed or released for any unauthorized purpose, explicitly prohibit agency personnel from accessing recorded data for personal use and from uploading recorded data onto public and social media Internet Web sites, and include sanctions for violations of this prohibition. +(c) (1) For purposes of this section, “evidentiary data” refers to data of an incident or encounter that could prove useful for investigative purposes, including, but not limited to, a crime, an arrest or citation, a search, a use of force incident, or a confrontational encounter with a member of the public. The retention period for evidentiary data are subject to state evidentiary laws. +(2) For purposes of this section, “nonevidentiary data” refers to data that does not necessarily have value to aid in an investigation or prosecution, such as data of an incident or encounter that does not lead to an arrest or citation, or data of general activities the officer might perform while on duty. +(d) Nothing in this section shall be interpreted to limit the public’s right to access recorded data under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).","Existing law makes it a crime to intentionally record a confidential communication without the consent of all parties to the communication. Existing law exempts specified peace officers from that provision if they are acting within the scope of their authority. +This bill would require law enforcement agencies to consider specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras, including, among other things, prohibiting the unauthorized use, duplication, or distribution of the data, and establishing storage periods for evidentiary and nonevidentiary data, as defined.","An act to add Section 832.18 to the Penal Code, relating to peace officers." +421,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares as follows: +(a) On February 27, 2014, the President of the United States launched the My Brother’s Keeper initiative to address persistent opportunity gaps faced by boys and young men of color and to ensure that all young people can reach their full potential. +(b) The My Brother’s Keeper Task Force recognizes that challenges facing boys and young men of color affect others as well and that it is important to break down barriers wherever they exist and to identify means of creating ladders of opportunity for all. +(c) The My Brother’s Keeper Task Force was established to develop a coordinated federal effort to significantly improve the expected life outcomes for boys and young men of color, including Black Americans, Hispanic Americans, and Native Americans, and to improve their contributions to the nation’s prosperity, so that all youth have an equal opportunity at achieving the American dream. +(d) The My Brother’s Keeper Task Force noted that significant diversity exists within and among boys and men of color as a segment of the population. Differences of language status, income, disability, sexual orientation, and many other factors influence the identity and experience of these young people, just as with any other population. +(e) My Brother’s Keeper is focused on the following milestones: (1) getting a healthy start and entering school ready to learn; (2) reading at grade level by third grade; (3) graduating from high school ready for college and career; (4) completing postsecondary education or training; (5) successfully entering the workforce; and (6) keeping kids on track and giving them second chances. +(f) The My Brother’s Keeper Task Force Report to the President (May 2014) cites numerous areas in which boys and men of color consistently experience disproportionately negative outcomes. These areas include living in poverty, living without a male parent in the household, high school dropout rates, unemployment, death by homicide, and imprisonment. +(g) The My Brother’s Keeper Task Force has identified initial recommendations and areas of opportunity at each of these key milestones or “focus areas.” The task force has also identified several cross-cutting areas of opportunity that span all focus areas. +(h) The recommendations in the My Brother’s Keeper Task Force Report to the President inform and influence California policy and California’s compliance with those recommendations makes the state more competitive for federal funding and strengthens its economic competitiveness. +(i) Our state’s future prosperity and health depend on all Californians having a fair chance to thrive and succeed. One of the best investments we can make is to be certain we do everything possible to help young people become healthy, productive adults. As California becomes more diverse, we must nurture and harness the talents, skills, and hopes of young people of color — boys and young men in particular. +(j) The Department of Finance projects California’s population of boys and men of color will increasingly represent a growing percentage of the state's male population, reaching close to 80 percent for boys and men of color compared to 20 percent for non-Hispanic white males by 2050. +(k) The Assembly Select Committee on the Status of Boys and Men of Color in California has recognized that boys and young men of color are in jeopardy, and this poses a serious threat to California’s economic strength and competitiveness. +(l) The Assembly Select Committee on the Status of Boys and Men of Color’s policy framework emphasizes the following issues: (1) health and safety; (2) education; (3) juvenile justice; (4) employment and wealth; and (5) youth development. Related issues that have been recommended for expansion of the committee’s work include higher education, immigration, and housing. +(m) Community and youth leaders from across the state have taken a significant interest in partnering with government and systems leaders through the Alliance for Boys and Men of Color in order to improve the health and success of our state’s young people of color. +SEC. 2. +Chapter 3.4 (commencing with Section 8265) is added to Division 1 of Title 2 of the Government Code, to read: +CHAPTER 3.4. Interagency Task Force on the Status of Boys and Men of Color +8265. +(a) (1) There is in state government the Interagency Task Force on the Status of Boys and Men of Color, which shall serve as a support mechanism for department, agency, and systems leaders by taking coordinated action in meeting the myriad of challenges facing boys and men of color, and assisting the respective departments and agencies in more successfully improving life outcomes for this population. +(2) It is the intent of the Legislature that the task force include participation from a core set of department, agency, and systems leaders with discretion and responsibility for policy areas of primary importance to the fulfillment of the Final Report and Policy Platform for State Action (2012–18) of the Assembly Select Committee on the Status of Boys and Men in California. +(b) The task force shall be comprised of the following 20 members: +(1) One Member of the Senate, appointed by the Senate Committee on Rules, and one Member of the Assembly, appointed by the Speaker of the Assembly, as ex officio, nonvoting members, and to the extent that participation is not incompatible with their position as Members of the Legislature. +(2) The Superintendent of Public Instruction, or his or her designee. +(3) The President of the University of California, or his or her designee. +(4) The Chancellor of the California State University, or his or her designee. +(5) The Chancellor of the California Community Colleges, or his or her designee. +(6) The Secretary of California Health and Human Services, or his or her designee. +(7) The State Public Health Officer, or his or her designee. +(8) The Deputy Director of the Office of Health Equity, or his or her designee. +(9) The Secretary of Business, Consumer Services, and Housing, or his or her designee. +(10) The Secretary of Labor and Workforce Development, or his or her designee. +(11) The Director of Employment Development, or his or her designee. +(12) The Executive Director of the California Workforce Investment Board, or his or her designee. +(13) The Chair of the California Workforce Investment Board, or his or her designee. +(14) The Secretary of Transportation, or his or her designee. +(15) The Director of Finance, or his or her designee. +(16) The Attorney General, or his or her designee. +(17) The Secretary of the Department of Corrections and Rehabilitation, or his or her designee. +(18) The Chair of the Board of State and Community Corrections, or his or her designee. +(19) The Chief Justice of California, or his or her designee. +(c) The task force shall elect one of its members to serve as chair of the task force. Desirable qualifications for the position of chair shall include, but not be limited to, all of the following: +(1) He or she should possess a broad and deep understanding of the issues facing boys and men of color. +(2) He or she should be a political appointee with a senior leadership role either leading a department or agency or managing a significant and pertinent body of work. +(3) He or she should have a demonstrated strong and positive working relationship with the members of the Legislature and the Governor. +(d) All members of the task force shall hold office until the appointment of their successors. +8266. +Meetings of the task force shall be subject to the Bagley-Keene Open Meetings Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3). +8267. +The task force shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, all of the following: +(a) To employ any administrative, technical, or other personnel necessary for the performance of its powers and duties. +(b) To hold hearings, make and sign any agreements, and to do or perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter. +(c) To cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of the state to facilitate the task force properly to carry out its powers and duties. +(d) To appoint advisers or advisory committees from time to time when the task force determines that the experience or expertise of the advisers or advisory committees is needed for projects of the task force. Section 11009 shall apply to these advisers or advisory committees. +(e) To accept any federal funds granted, by act of Congress or by executive order, for all or any of the purposes of this chapter. +(f) To accept any gifts, donations, grants, or bequests for all or any of the purposes of this chapter. +8268. +(a) Within six months after the effective date of this chapter, the task force shall complete all of the following requirements: +(1) Assess existing department and agency programs that align with the priorities outlined in the May 2014 My Brother’s Keeper Task Force Report to the President. Based on this assessment, the task force shall identify state opportunities to partner and coordinate with the work of the federal My Brother’s Keeper Task Force. +(2) Assess the Governor’s Budget to identify those areas in which the budget priorities are in alignment with the objectives of the task force. +(3) Review the action plan of the Final Report and Policy Platform for State Action (2012–18) of the Assembly Select Committee on the Status of Boys and Men of Color in California, and identify ambitious state goals for boys and men of color, as well as barriers to achieving desired results. +(b) Upon completion of the requirements in subdivision (a), the long-term, ongoing responsibilities of the task force shall include all of the following: +(1) Assessing state policies, regulations, and programs with respect to boys and men of color, and the development of proven and promising strategies to enhance positive outcomes and eliminate or mitigate negative outcomes. +(2) Preparing population and agency-specific data on boys and men of color in California. The task force shall aggregate the data and make it publicly available in a manner that does not reveal personally identifiable information or otherwise conflict with federal or state privacy laws. +(3) Serving as a liaison to departments and agencies by ensuring engagement and partnership with other public, nonprofit, and philanthropic entities among the various member agencies and with the task force as a whole, and recommend ways to strengthen partnerships with external leaders advancing strategies relevant to boys and men of color. +(c) The first meeting of the task force shall be convened on or before January 31, 2016. Subsequently, the task force shall convene on no less than a quarterly basis to assess progress on its ongoing responsibilities pursuant to subdivision (b), and to provide support and ensure coordination across agencies. +(d) (1) Notwithstanding Section 10231.5, the task force shall prepare and submit to the Legislature an annual report on department and agency findings pursuant to this section. The task force shall also report these findings at the Assembly Select Committee on the Status of Boys and Men of Color in California’s annual hearing on the status of advancing the committee priorities and policies. +(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795. +8269. +With respect to its duties under Section 8268, the task force shall be an advisory body only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the task force without further legislation that specifically authorizes that the evaluations, determinations, and findings of the task force be implemented. +8269.5 +The Boys and Men of Color Task Force Fund is hereby created as a fund in the State Treasury to carry out this chapter in support of the task force, upon appropriation by the Legislature. Subject to the approval of the Department of Finance, all moneys collected or received by the task force from gifts, bequests, or donations shall be deposited in the State Treasury to the credit of the Boys and Men of Color Task Force Fund in accordance with the terms of the gift or donation from which the moneys are derived and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code. +8269.7. +This chapter shall remain in effect only until January 1, 2026, and as of that date is repealed.","The California Constitution prohibits a person from being deprived of life, liberty, or property without due process of law, or from being denied equal protection of the laws. The United States Constitution prohibits a state from denying to any person within its jurisdiction the equal protection of the laws. Existing law establishes various advisory boards and commissions in state government with specified duties and responsibilities. +The federal My Brother’s Keeper Initiative, launched by the President of the United States in February 2014, required the establishment of the My Brother’s Keeper Task Force, an interagency effort to improve the expected educational and life outcomes for and address the persistent opportunity gaps faced by boys and young men of color in the United States. +This bill would establish until January 1, 2026, the Interagency Task Force on the Status of Boys and Men of Color, a multiagency advisory body that would serve as a support mechanism for department agency and systems leaders by taking coordinated action in meeting the myriad of challenges facing boys and men of color in California, and assisting the respective departments and agencies in more successfully improving life outcomes for this population. The membership of the task force would include members of the Legislature, as well as representatives of specified agencies, departments, and private entities. The bill would set forth the initial and ongoing responsibilities of the task force, including, among others, an assessment of state program alignment with the objectives of the My Brother’s Keeper program, review the action plan of a specified final report of the Assembly Select Committee on the Status of Boys and Men of Color in California, and an assessment of the development of strategies to enhance positive outcomes and eliminate or mitigate negative outcomes for boys and men of color in the state. The bill would establish the Boys and Men of Color Task Force Fund, which would be subject to appropriation by the Legislature, to carry out the bill’s requirements in support of the task force, upon appropriation by the Legislature. The bill would authorize the task force to accept federal funds, gifts, donations, grants, or bequests for all or any of its purposes.","An act to add and repeal Chapter 3.4 (commencing with Section 8265) to Division 1 of Title 2 of the Government Code, relating to state government." +422,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California has one of the lowest Selective Service System registration compliance rates in the nation. +(b) Males who are between 18 and 26 years of age who fail to register with the Selective Service System, as required by federal law, face possible federal penalties and loss of federal benefits, including student financial assistance, federal employment, such as employment with the United States Postal Service, job training under the federal Workforce Investment Act (29 U.S.C. Sec. 2801 et seq.), and citizenship for immigrants. +(c) California law requires selective service registration for state student financial aid, including Cal grants and financial aid for immigrants under the California Dream Act. +(d) The failure of young men to register with the federal Selective Service System has resulted in the lifetime loss of over $100,000,000 in potential benefits over the last three years for young men in California. +(e) Forty states, four territories, and the District of Columbia have enacted legislation related to the issuance of a driver’s license in support of the federal Selective Service System registration. Most of these jurisdictions have selected optional registration consistent with the program design in this act. +(f) To promote the fairness and equity of any future draft, to ensure that important benefits associated with the registration requirement are not lost, and to promote compliance with federal law, the driver’s license application process should be revised so that every male applicant for an original driver’s license who is between 18 and 26 years of age may consent to his registration with the federal Selective Service System, as required by federal law. +SEC. 2. +Section 12801.3 is added to the Vehicle Code, to read: +12801.3. +(a) The department shall require an application for an original driver’s license to include, in a place deemed appropriate by the department, all of the following: +(1) The following statement and a line by the statement for the applicant’s signature: + + +“I am a man between 18 and 26 years of age and I consent to registration with the Selective Service System. I understand that my consent to registration with the Selective Service System is not necessary in order to be granted a driver’s license.” + + +(2) A notice indicating the following: + + +“Selective Service System Registration +Males between the ages 18 and 26 are required by federal law to register with the Selective Service System. Failure to register will result in ineligibility for federal and state student loans and grants, federal job training benefits, federal employment, state and local law enforcement employment, and United States citizenship for male immigrants seeking citizenship. Failure to register is also punishable by up to five years imprisonment and a $250,000 fine.” + + +(3) A notice indicating the following: + + +“For applicants who object to conventional military service for religious or other conscientious reasons, alternative service information is available from the federal Selective Service System Internet Web site: http://www.sss.gov/FSaltsvc.htm” + + +(b) Notwithstanding any other law, a person who is required to be registered under the federal Military Selective Service Act (50 U.S.C. App. Sec. 451 et seq.) and who submits an application for an original driver’s license with his signature on the line described in paragraph (1) of subdivision (a) is deemed to have consented to registration with the federal Selective Service System and the submission of that application shall establish a conclusive presumption that the person has authorized the department to forward to the federal Selective Service System the necessary information for the federal Selective Service System to register him. +(c) The department shall not forward to the federal Selective Service System the personal information of a person who did not consent to registration, except that the department may provide to the federal Selective Service System personal information that is provided in accordance with a memorandum of understanding between the department and the federal Selective Service System for the purpose of that memorandum of understanding. +(d) The department shall, at least monthly, forward to the federal Selective Service System, in an electronic format, the necessary personal information required for the registration of a person who has consented to registration. +(e) (1) (A) This section shall be implemented by the department only if both of the following conditions are satisfied: +(i) Federal funding in an amount sufficient to pay for all implementation and first year operating costs has been provided. +(ii) The federal Selective Service System executes a memorandum of understanding with the department that includes an agreement that the federal Selective Service System shall not refer any personal information submitted to it by the department to the U.S. Immigration and Customs Enforcement for any purpose. +(B) On or before June 30, 2016, the Director of Motor Vehicles shall do all of the following: +(i) Determine whether the conditions specified in subparagraph (A) are satisfied. +(ii) Execute a declaration stating his or her determination of whether the conditions specified in subparagraph (A) are satisfied. The declaration shall state that it is being made pursuant to this section. +(iii) Retain the declaration and provide a copy within five working days of the execution of the declaration to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, the Legislative Counsel, and the federal Selective Service System. +(iv) Post a copy of the declaration on the department’s Internet Web site. +(2) Subject to paragraph (1), the department shall implement subdivisions (a) to (d), inclusive, of this section on or before January 31, 2017.","Existing law establishes the practices and procedures for the issuance of an original or a renewal of a driver’s license. The federal Military Selective Service Act requires specified persons to register with the federal Selective Service System. +This bill would permit a person who is required to register under the federal act to consent to registration with the federal Selective Service System by affirming his consent to that registration at a specified location on his application for a driver’s license. The bill would require the Department of Motor Vehicles to include specified notices on an application for an original driver’s license and would require the department, at least monthly, to forward the necessary personal information required for registration to the federal Selective Service System in an electronic format. +This bill would require the Department of Motor Vehicles to implement the provisions of this bill by a certain date only if federal funding in an amount sufficient to pay for implementation and first-year operating costs has been provided and the federal Selective Service System executes a memorandum of understanding with the department, as specified.","An act to add Section 12801.3 to the Vehicle Code, relating to vehicles." +423,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 50408 of the Health and Safety Code is amended to read: +50408. +(a) On or before December 31 of each year, the department shall submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, including, but not limited to, the Emergency Housing and Assistance Program and Community Development Block Grant activity. +(b) The report shall include all of the following information: +(1) The number of units assisted by those programs. +(2) The number of individuals and households served and their income levels. +(3) The distribution of units among various areas of the state. +(4) The amount of other public and private funds leveraged by the assistance provided by those programs. +(5) Information detailing the assistance provided to various groups of persons by programs that are targeted to assist those groups. +(6) The information required to be reported pursuant to Section 17031.8. +(7) An evaluation, in collaboration with the Department of Veterans Affairs, of any program established by the department pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code. +(8) An evaluation of any program established by the department to meet the legal requirements of the Federal Housing Trust Fund program guidelines. +SEC. 1.5. +Section 50408 of the Health and Safety Code is amended to read: +50408. +(a) On or before December 31 of each year, the department shall submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, including, but not limited to, the Emergency Housing and Assistance Program and Community Development Block Grant activity. +(b) The report shall include all of the following information: +(1) The number of units assisted by those programs. +(2) The number of individuals and households served and their income levels. +(3) The distribution of units among various areas of the state. +(4) The amount of other public and private funds leveraged by the assistance provided by those programs. +(5) Information detailing the assistance provided to various groups of persons by programs that are targeted to assist those groups. +(6) The information required to be reported pursuant to Section 17031.8. +(7) (A) An evaluation, in collaboration with the Department of Veterans Affairs, of any program established by the department pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code, including information relating to the effectiveness of assisted projects in helping veterans occupying any supportive housing or transitional housing development that was issued funds pursuant to that article. +(B) The evaluation shall inclspecific information including, but not limited to, disability ratings, type of discharge, branch, era of service, and veterans affairs health care eligibility. +(8) An evaluation of any program established by the department to meet the legal requirements of the Federal Housing Trust Fund program guidelines. +SEC. 2. +Chapter 6.8 (commencing with Section 50676) is added to Part 2 of Division 31 of the Health and Safety Code, to read: +CHAPTER 6.8. Federal Housing Trust Fund +50676. +(a) The department is hereby designated as the state agency responsible for administering funds received by the state from the federal Housing Trust Fund pursuant to the Housing and Economic Recovery Act of 2008 (Public Law 110-289), and implementing federal regulations. +(b) The department shall administer the funds through any existing or newly created programs that produce, preserve, rehabilitate, or support the operation of rental housing for extremely low income and very low income households, except that up to 10 percent of funding may be used to support home ownership for extremely low income and very low income households. Any rental project funded from the federal Housing Trust Fund shall restrict affordability for 55 years through a recorded and enforceable affordability covenant. Any home ownership program funded from the federal Housing Trust Fund shall restrict affordability for 30 years through either a recorded and enforceable affordability covenant or a recorded and enforceable equity recapture agreement. +(c) The department shall collaborate with the California Housing Finance Agency to develop an allocation plan to demonstrate how the funds shall be distributed, based on the priority housing needs identified in the state’s consolidated plan prepared in accordance with Part 91 (commencing with Section 91.1) of Subtitle A of Title 24 of the Code of Federal Regulations. The department shall submit the plan to the Assembly Committee on Housing and Community Development and the Senate Transportation and Housing Committee 30 days after receipt of the federal funds. +(d) The allocation plan and guidelines shall give priority to projects based on: +(1) Geographic diversity. +(2) The extent to which rents are affordable, especially to extremely low income households. +(3) The merits of a project. +(4) Applicants readiness. +(5) The extent to which projects will use nonfederal funds. +50676.1. +(a) The departments shall convene a stakeholder process to inform the development of the allocation plan. Stakeholders represented shall include, but not be limited to, organizations that provide rental housing for extremely low income households and very low income households or assist extremely low income households and very low income households to become homeowners. +(b) The department may adopt, amend, or repeal guidelines to implement this chapter. Any guidelines adopted to implement this chapter shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. +SEC. 3. +Section 1.5 of this bill incorporates amendments to Section 50408 of the Health and Safety Code proposed by both this bill and Assembly Bill 388. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 50408 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 388, in which case Section 1 of this bill shall not become operative.","Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency. The department is responsible for administering various housing and home loan programs throughout the state. Existing law also establishes the California Housing Finance Agency within the department, and provides that the primary purpose of the agency is to meet the housing needs of persons and families of low to moderate income. +Existing federal law requires the Secretary of the Department of Housing and Urban Development to establish a Housing Trust Fund to provide grants to states to increase the supply of rental housing for extremely low- and very low income families, including homeless families, and home ownership for extremely low- and very low income families. +This bill would designate the Department of Housing and Community Development as the state agency responsible for administering funds received by the state from the federal Housing Trust Fund. This bill would require the department to administer the funds through existing or newly created programs that produce, preserve, rehabilitate, or support the operation of rental housing for extremely low income and very low income households, except that up to 10% of funding may be used to support home ownership for extremely low income and very low income households. The bill would require any rental project funded from the federal Housing Trust Fund to restrict affordability for 55 years, as specified, and require any home ownership program funded from the federal Housing Trust Fund to restrict affordability for 30 years, as specified. +This bill would require the department to collaborate with the California Housing Finance Agency to develop an allocation plan to demonstrate how the funds will be distributed, based on the priority housing needs identified in the state’s consolidated plan, and to convene a stakeholder process to inform the development of the plan. The bill would require the allocation plan and guidelines to give priority to projects based on specified factors. The bill would require the department to submit the plan to the Assembly Committee on Housing and Community Development and the Senate Transportation and Housing Committee 30 days after receipt of the federal funds. +The bill would authorize the department to adopt, amend, or repeal guidelines to implement these provisions. The bill would exempt these guidelines from the Administrative Procedure Act. +Existing law requires, on or before December 31 of each year, the department to submit an annual report, containing specified information, to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department. +This bill would require that annual report to also include an evaluation of any program established by the department to meet the legal requirements of the Federal Housing Trust Fund program guidelines. +This bill would incorporate additional changes to Section 50408 of the Healthy and Safety Code proposed by AB 388 that would become operative if this bill and AB 388 are enacted and this bill is enacted last.","An act to amend Section 50408 of, and to add Chapter 6.8 (commencing with Section 50676) to Part 2 of Division 31 of, the Health and Safety Code, relating to housing." +424,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6100 of the Fish and Game Code is amended to read: +6100. +(a) Notwithstanding any provision of Article 3 (commencing with Section 5980) and Article 4 (commencing with Section 6020), on or after January 1, 1972, any new diversion of water from any stream having populations of salmon and steelhead that is determined by the department to be deleterious to salmon and steelhead shall be screened by the owner. The construction, operation, or maintenance costs of any screen required pursuant to this article shall be borne by the owner of the diversion. +(b) The department within 30 days of providing written notice to the owner that the department has determined that the diversion is deleterious to salmon and steelhead pursuant to subdivision (a), or within the time determined by mutual written agreement, shall submit to the owner its proposals as to measures necessary to protect the salmon and steelhead. The department shall notify the owner that it shall make onsite investigation and shall make any other investigation before it shall propose any measures necessary to protect fishlife. +(c) The department, or any agency of the state, shall provide the owner of the diversion any available information that is required by the owner in order to comply with the provisions of this article. +(d) The diversion shall not commence until the department has determined that measures necessary to protect fishlife have been incorporated into the plans and construction of the diversion. +SEC. 2. +Section 12025.1 is added to the Fish and Game Code, to read: +12025.1. +(a) In addition to any penalties imposed by any other law, a person found to have violated Section 5901 shall be liable for a civil penalty of not more than eight thousand dollars ($8,000) for each violation. Each day that a violation of Section 5901 occurs or continues without a good faith effort by the person to cure the violation after receiving notice from the department shall constitute a separate violation. +(b) All civil penalties imposed or collected by a court for a separate violation pursuant to this section in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the manner described in subdivision (d) of Section 12025. +(c) All civil penalties imposed or collected by a court for a separate violation pursuant to this section not in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the following manner: +(1) Thirty percent shall be distributed to the county in which the violation was committed pursuant to Section 13003. The county board of supervisors shall first use any revenues from those penalties to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation. +(2) (A) Thirty percent shall be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in this section. +(B) If the department receives reimbursement pursuant to this paragraph for activities funded pursuant to subdivision (f) of Section 4629.6 of the Public Resources Code, the reimbursement funds shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, if there is an unpaid balance for a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. +(3) Forty percent shall be deposited into the Fish and Game Preservation Fund. +(d) (1) Civil penalties authorized pursuant to subdivision (a) may be imposed administratively by the department according to the procedures described in paragraphs (1) through (4), inclusive, of subdivision (e) of Section 12025. +(2) The department shall adopt emergency regulations to implement this subdivision in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. +(e) All administrative penalties imposed or collected by the department for a separate violation pursuant to this section in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited according the provisions of subdivision (f) of Section 12025. +(f) All administrative penalties imposed or collected by the department for a separate violation pursuant to this section not in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, to repay any unpaid balance of a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. Any remaining funds from administrative penalties collected pursuant to this subdivision shall be apportioned in the following manner: +(1) Fifty percent shall be deposited into the Fish and Game Preservation Fund. +(2) Fifty percent shall be deposited into the Timber Regulation and Forest Restoration Fund for grants authorized pursuant to subdivision (h) of Section 4629.6 of the Public Resources Code. +(g) For purposes of this section, “controlled substance” has the same meaning as defined in Section 11007 of the Health and Safety Code. +SEC. 3. +Section 12025.2 is added to the Fish and Game Code, to read: +12025.2. +The director or his or her designee may issue a complaint to any person or entity in accordance with Section 1055 of the Water Code alleging a violation of Section 1052 of the Water Code that harms fish and wildlife resources. The complaint is subject to the substantive and procedural requirements set forth in Section 1055 of the Water Code, and the department shall be designated a party to any proceeding before the State Water Resources Control Board regarding a complaint filed pursuant to this section. +SEC. 4. +Section 8687.9 is added to the Government Code, to read: +8687.9. +Funding and financial assistance provided to local governments in response to an emergency, as that term is used in Section 8558, is not subject to the eligibility restrictions of Section 1782 of the Labor Code. +SEC. 5. +Section 4629.6 of the Public Resources Code is amended to read: +4629.6. +Moneys deposited in the fund shall, upon appropriation by the Legislature, only be expended for the following purposes: +(a) To reimburse the State Board of Equalization for its administrative costs associated with the administration, collection, audit, and issuance of refunds related to the lumber products and engineered wood assessment established pursuant to Section 4629.5. +(b) To pay refunds issued pursuant to Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code. +(c) To support the activities and costs of the department, the Department of Conservation, the Department of Fish and Wildlife, the State Water Resources Control Board, and regional water quality control boards associated with the review of projects or permits necessary to conduct timber operations. On or after July 1, 2013, except for fees applicable for fire prevention or protection within state responsibility area classified lands or timber yield assessments, no currently authorized or required fees shall be charged by the agencies listed in this subdivision for activities or costs associated with the review of a project, inspection and oversight of projects, and permits necessary to conduct timber operations of those departments and boards. +(d) For transfer to the department’s Forest Improvement Program, upon appropriation by the Legislature, for forest resources improvement grants and projects administered by the department pursuant to Chapter 1 (commencing with Section 4790) and Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 4. +(e) To fund existing restoration grant programs, with priority given to the Fisheries Restoration Grant Program administered by the Department of Fish and Wildlife and grant programs administered by state conservancies. +(f) (1) As a loan to the Department of Fish and Wildlife for activities to address environmental damage occurring on forest lands resulting from marijuana cultivation. Not more than five hundred thousand dollars ($500,000) may be loaned from the fund in a fiscal year pursuant to this paragraph. This paragraph shall become inoperative on July 1, 2017. +(2) Any funds deposited into the Timber Regulation and Forest Restoration Fund pursuant to subdivision (d) or (f) of Section 12025 or subdivision (b), (c), (e), or (f) of Section 12025.1 of the Fish and Game Code shall be credited toward loan repayment. +(3) Moneys from the General Fund shall not be used to repay a loan authorized pursuant to this subdivision. +(g) To the department, upon appropriation by the Legislature, for fuel treatment grants and projects pursuant to authorities under the Wildland Fire Protection and Resources Management Act of 1978 (Article 1 (commencing with Section 4461) of Chapter 7 of Part 2 of Division 4). +(h) To the department, upon appropriation by the Legislature, to provide grants to local agencies responsible for fire protection, qualified nonprofits, recognized tribes, local and state governments, and resources conservation districts, undertaken on a state responsibility area (SRA) or on wildlands not in an SRA that pose a threat to the SRA, to reduce the costs of wildland fire suppression, reduce greenhouse gas emissions, promote adaptation of forested landscapes to changing climate, improve forest health, and protect homes and communities. +SEC. 6. +Section 189 is added to the Water Code, to read: +189. +(a) There is hereby established the Office of Sustainable Water Solutions within the state board, which may be administered by the state board as a separate organizational unit or within the state board’s divisions or offices. +(b) The purpose of the office is to promote permanent and sustainable drinking water and wastewater treatment solutions to ensure the effective and efficient provision of safe, clean, affordable, and reliable drinking water and wastewater treatment services. In furtherance of this purpose, the office may take, but is not limited to, all of the following actions: +(1) Coordinating with and providing assistance to small drinking water systems, wastewater treatment systems, and disadvantaged communities without drinking water or wastewater treatment systems. +(2) Promoting and facilitating regional drinking water and wastewater projects. +(3) Promoting and facilitating regional solutions, including consolidation of existing water districts, expansion of existing water districts to serve communities unserved by public water systems and wastewater treatment systems, and extension of services to underserved communities and disadvantaged communities. +(4) Advancing the delivery of affordable, safe drinking water to disadvantaged communities throughout the state. +(5) Providing technical assistance to disadvantaged communities and small drinking water systems and wastewater systems, including grant application assistance, outreach and education in vulnerable communities, financial management support, and facilitation of discussions within and between communities. +SEC. 7. +Section 13442 of the Water Code is amended to read: +13442. +(a) Upon application by an eligible entity, as described in subdivision (b), the state board may approve the payment of moneys from the account to that entity to assist in cleaning up a waste, abating the effects of a waste on waters of the state, or addressing an urgent drinking water need without regard to whether the need for drinking water is a result of the discharge of waste. +(b) An entity is eligible to apply for funding pursuant to this section if that entity has authority to undertake the activity for which it seeks moneys and the entity is any of the following: +(1) A public agency. +(2) A tribal government that is on the California Tribal Consultation List maintained by the Native American Heritage Commission and is a disadvantaged community, as defined in Section 79505.5, that agrees to waive tribal sovereign immunity for the explicit purpose of regulation by the state board pursuant to this division. +(3) A not-for-profit organization serving a disadvantaged community, as defined in Section 79505.5. +(4) A community water system, as defined in Section 116275 of the Health and Safety Code, that serves a disadvantaged community, as defined in Section 79505.5. +(c) An eligible entity shall not become liable to the state board for repayment of moneys paid to the entity under this section and expended in accordance with the state board’s approval of payment, but this shall not be a defense to an action brought pursuant to subdivision (c) of Section 13304 for the recovery of moneys paid under this section. +(d) Projects using moneys that are paid to an eligible entity pursuant to this section shall be exempt from state contracting and procurement requirements set forth in the Government Code and the Public Contract Code to the extent necessary to take immediate action to protect public health and safety. +(e) The state board may adopt guidelines for the allocation and administration of these moneys that shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. +(f) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 8. +Section 13442 is added to the Water Code, to read: +13442. +(a) Upon application by a public agency, a tribal government that is on the California Tribal Consultation List maintained by the Native American Heritage Commission and is a disadvantaged community, as defined in Section 79505.5, that agrees to waive tribal sovereign immunity for the explicit purpose of regulation by the state board pursuant to this division, or a not-for-profit organization serving a disadvantaged community, as defined in Section 79505.5, with authority to clean up a waste or abate the effects of a waste, the state board may order moneys to be paid from the account to the agency, tribal government, or organization to assist it in cleaning up the waste or abating its effects on waters of the state. +(b) The agency, a tribal government that is on the California Tribal Consultation List maintained by the Native American Heritage Commission and is a disadvantaged community, as defined in Section 79505.5, that agrees to waive tribal sovereign immunity for the explicit purpose of regulation by the state board pursuant to this division, or a not-for-profit organization serving a disadvantaged community, as defined in Section 79505.5, shall not become liable to the state board for repayment of moneys paid under this section, but this shall not be a defense to an action brought pursuant to subdivision (c) of Section 13304 for the recovery of moneys paid under this section. +(c) This section shall become operative on July 1, 2018. +SEC. 9. +Section 81023 is added to the Water Code, to read: +81023. +Consistent with Division 26.7 (commencing with Section 79700), the sum of ten million dollars ($10,000,000) of the proceeds of bonds authorized to be issued and available for the purposes of Section 79746 shall be transferred to the fund and used by the department, upon appropriation, for loans for the following water conservation and water use efficiency projects and programs to achieve urban water use targets developed pursuant to Section 10608.20: +(a) (1) Five million dollars ($5,000,000) for a pilot project for local agencies to provide water efficiency upgrades to eligible residents at no upfront cost. +(2) Five million dollars ($5,000,000) for local agencies to provide low-interest loans to customers to finance the installation of onsite improvements to repair or replace, as necessary, cracked or leaking water pipes to conserve water. +(b) The department may implement this section by providing to a local agency a zero-interest loan of up to three million dollars ($3,000,000). +(c) A local agency that receives a loan pursuant to this section shall exercise reasonable efforts to recover the costs of the loan. However, the department may waive up to 10 percent of the repayment amount for costs that could not be recovered by the local agency. +(d) The department and a local agency that is an urban retail water supplier and that receives a loan pursuant to this section may enter into a mutually agreeable schedule for making loan repayments into the CalConserve Water Use Efficiency Revolving Fund. +SEC. 10. +Section 81046 of the Water Code is amended to read: +81046. +A local agency may implement water use efficiency loan programs pursuant to this division through on-bill financing. +SEC. 11. +(a) In order to ensure that equipment and services necessary for drought response can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to state contracts, including, but not limited to, advertising and competitive bidding requirements, are suspended for purposes of state agencies implementing Executive Order B-28-14 and the proclamations of a state of emergency dated January 17, 2014, and April 25, 2014, as long as the state of emergency due to drought conditions remains in effect. +(b) The suspensions provided in subdivision (a) apply only to contracts that respond to conditions arising from the drought and that support the state agencies in any of the following: +(1) Addressing impacts on human health and safety, including providing or improving availability of food, water, or shelter. +(2) Addressing impacts on fish and wildlife resources. +(3) Providing water to persons or communities affected by the drought. +(c) Approval by the Department of Finance is required prior to the execution of any contract entered into pursuant to this section. +(d) Information related to a contract approved pursuant to this section shall be posted on the California Drought Internet Web site, including identification of the contracting agency, the contractor, the contract amount, the contract duration, and a brief description of the goods or services provided under the contract. +SEC. 12. +An agency receiving moneys from one or more sources as appropriated pursuant to either Senate Bill 75 or Assembly Bill 91 of the 2015–16 Regular Session shall use, whenever feasible, the services of the California Conservation Corps or a certified community conservation corps, as defined under Section 14507.5 of the Public Resources Code, for restoration, ecosystem protection projects, or other similar work. +SEC. 13. +This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","(1) Existing law requires any new diversion of water from any stream having populations of salmon and steelhead that is determined by the Department of Fish and Wildlife to be deleterious to salmon and steelhead to be screened by the owner of the diversion. Existing law requires the department to submit to the owner its proposals as to measures necessary to protect the salmon and steelhead within 30 days of receipt of a notice of a diversion of water from a stream having populations of salmon and steelhead. +This bill would instead require the department, within 30 days of providing written notice to the owner that the department has determined that the diversion is deleterious to salmon and steelhead, to submit to the owner its proposals as to measures necessary to protect the salmon and steelhead. +(2) Existing law prohibits the construction or maintenance, in certain fish and game districts, of any device or contrivance that prevents, impedes, or tends to prevent or impede, the passing of fish up and down stream. A violation of this provision is a misdemeanor. +This bill would impose an additional civil penalty of not more than $8,000 for a violation of this provision. +(3) Existing law declares that the diversion or use of water other than as authorized by specified provisions of law is a trespass. Existing law authorizes the executive director of the State Water Resources Control Board to issue a complaint to a person who violates certain laws regarding the use and diversion of water, and subjects the violator to administrative civil liability. Existing law requires that the complaint be served by personal notice or certified mail and inform the party served that the party may request a hearing not later than 20 days from the date the party was served. +This bill would authorize the Director of the Department of Fish and Wildlife, or his or her designee, to issue a complaint in accordance with the above-specified provisions alleging that an unauthorized diversion or use of water harms fish and wildlife resources. +(4) Existing law prohibits a charter city from receiving or using state funding or financial assistance for a construction project if the city has a charter provision or ordinance that authorizes a contractor to not comply with prevailing wage provisions on any public works contract or if the city has awarded, within the prior 2 years, a public works contract without requiring the contractor to comply with prevailing wage provisions, as specified. Existing law authorizes charter cities to receive or use state funding or financial assistance if the city has a local prevailing wage ordinance, applicable to all of its public works contracts, that includes requirements that are equal to or greater than the state’s prevailing wage requirements, as specified. +This bill would exempt from that prohibition funding and financial assistance provided to a charter city in response to an emergency. +(5) Existing law provides various technical assistance opportunities to disadvantaged communities for projects relating to groundwater sustainability, clean drinking water, and water recycling and advanced treatment water technology projects. +This bill would establish the Office of Sustainable Water Solutions within the State Water Resources Control Board to promote permanent and sustainable drinking water and wastewater treatment solutions to ensure effective and efficient provision of safe, clean, affordable, and reliable drinking water and wastewater treatment services. The bill would authorize the office to take certain actions in furtherance of this purpose. +(6) Existing law, the Porter-Cologne Water Quality Control Act, authorizes the imposition and collection of civil and criminal penalties for specified violations of that act. The act requires certain moneys, including General Fund revenues of penalties, collected pursuant to these provisions to be deposited in the State Water Pollution Cleanup and Abatement Account in the State Water Quality Control Fund. The act continuously appropriates the moneys in the account to the State Water Resources Control Board for specified cleanup programs. +The act authorizes the state board, upon application by a public agency, specified tribal governments, or not-for-profit organizations serving disadvantaged communities that have authority to clean up a waste or abate the effects of a waste to order moneys in the account to be paid to the entity to assist in cleaning up the waste or abating its effects on waters. +This bill would, until July 1, 2018, additionally authorize the state board to pay these moneys to a community water system that serves a disadvantaged community and would authorize moneys in the account to be used to assist in addressing an urgent drinking water need. By authorizing new expenditures from a continuously appropriated account, this bill would make an appropriation. The bill would exempt projects using moneys paid pursuant to these provisions from state contracting and procurement requirements, as specified, and would authorize the state board to adopt guidelines for the allocation and administration of moneys in the account that would be exempt from the Administrative Procedure Act. +(7) Existing law establishes the CalConserve Water Use Efficiency Revolving Fund and provides that the moneys in the fund are available to the Department of Water Resources, upon appropriation by the Legislature, for the purpose of water use efficiency projects. Existing law requires moneys in the fund to be used for purposes that include, but are not limited to, at or below market interest rate loans to local agencies, as defined, and permits the department to enter into agreements with local agencies that provide water or recycled water service to provide loans. +Existing law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. The bond act provides that the sum of $810,000,000 is to be available, upon appropriation by the Legislature, for expenditures on, and competitive grants and loans to, projects that are included in and implemented in an adopted integrated regional water management plan and respond to climate change and contribute to regional water security. The bond act authorizes the use of $100,000,000 of those funds for direct expenditures, and for grants and loans, for certain water conservation and water use efficiency plans, projects, and programs. +This bill would transfer to the CalConserve Water Use Efficiency Revolving Fund the sum of $10,000,000 of the proceeds of these bonds for water conservation and water use efficiency projects and programs to achieve urban water use targets. This bill would require the department to use $5,000,000 for a pilot project for local agencies to provide water efficiency upgrades to eligible residents. This bill would require the department to use the other $5,000,000 for local agencies to provide low-interest loans to customers to finance the installation of onsite improvements to repair or replace, as necessary, cracked or leaking water pipes to conserve water. The bill would authorize the department to provide local agencies with zero-interest loans of up to $3,000,000 and would require a local agency that receives a loan pursuant to these provisions to exercise reasonable efforts to recover the costs of the loan. The bill would also authorize the department to waive up to 10% of the repayment amount for costs that could not be recovered by a local agency. +(8) The State Contract Act generally provides for a contracting process by state agencies for public works of improvement pursuant to a competitive bidding process, under which bids are awarded to the lowest responsible bidder, with specified alternative bidding procedures authorized in certain cases. +Existing law, the California Emergency Services Act, sets forth the emergency powers of the Governor under its provisions and empowers the Governor to proclaim a state of emergency for certain conditions, including drought. During a state of emergency, existing law authorizes the Governor to suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. Pursuant to this authority, the Governor proclaimed a state of emergency, and a continued state of emergency, due to drought conditions and suspended certain statutes. +This bill would suspend the provisions of the Government Code and the Public Contract Code applicable to state contracts for purposes of state agencies implementing the Governor’s orders proclaiming a state of emergency as long as the state of emergency due to drought conditions remains in effect. The bill would specify that these suspensions only apply to contracts that respond to conditions arising from the drought and that support the state agencies in specified actions. The bill would require approval by the Department of Finance prior to the execution of any contract entered into pursuant to this provision and would require that certain information relating to these contracts be posted on the California Drought Internet Web site. +This bill would require an agency receiving moneys from one or more sources as appropriated pursuant to Assembly Bill 91 or Senate Bill 75 of the 2015–16 Regular Session to use the services of the California Conservation Corps or a certified community conservation corps, as defined, for restoration, ecosystem protection projects, or other similar work. +(9) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to amend Section 6100 of, and to add Sections 12025.1 and 12025.2 to, the Fish and Game Code, to add Section 8687.9 to the Government Code, to amend Section 4629.6 of the Public Resources Code, and to amend Section 81046 of, to amend, repeal, and add Section 13442 of, and to add Sections 189 and 81023 to, the Water Code, relating to water, and making an appropriation therefor, to take effect immediately, bill related to the budget." +425,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) There is worldwide concern regarding the plight of elephants and rhinoceroses, who are being poached at alarming rates — an average of 96 elephants per day are killed in Africa. +(b) Illegal poaching and wildlife trafficking is the fourth largest transnational crime and ivory helps fund the military operations of notorious terrorist groups. Smuggling gangs move tons of tusks to markets thousands of miles away. +(c) International, federal, and state laws are all being strengthened to protect these iconic species from cruelty and extinction. The states of New York and New Jersey recently enacted strong prohibitions on intrastate ivory and rhinoceros horn commerce and the federal government has proposed strengthened ivory trade and import regulations. +(d) California has prohibited the ivory trade since 1977, but a loophole has rendered the law unenforceable — allowing illegal sales to flourish. San Francisco and Los Angeles have consistently ranked among the top trading markets for illegal ivory in the United States. +SEC. 2. +Section 2022 is added to the Fish and Game Code, to read: +2022. +(a) For the purposes of this section, the following terms have the following meanings: +(1) “Bona fide educational or scientific institution” means an institution that establishes through documentation either of the following: +(A) Educational or scientific tax exemption, from the federal Internal Revenue Service or the institution’s national, state, or local tax authority. +(B) Accreditation as an educational or scientific institution, from a qualified national, regional, state, or local authority for the institution’s location. +(2) “Ivory” means a tooth or tusk from a species of elephant, hippopotamus, mammoth, mastodon, walrus, warthog, whale, or narwhal, or a piece thereof, whether raw ivory or worked ivory, and includes a product containing, or advertised as containing, ivory. +(3) “Rhinoceros horn” means the horn, or a piece thereof, or a derivative such as powder, of a species of rhinoceros, and includes a product containing, or advertised as containing, a rhinoceros horn. +(4) “Sale” or “sell” means selling, trading, bartering for monetary or nonmonetary consideration, giving away in conjunction with a commercial transaction, or giving away at a location where a commercial transaction occurred at least once during the same or the previous calendar year. +(5) “Total value” means either the fair market value or the actual price paid for ivory or rhinoceros horn, whichever is greater. +(b) Except as provided in subdivision (c), it is unlawful to purchase, sell, offer for sale, possess with intent to sell, or import with intent to sell ivory or rhinoceros horn. +(c) The prohibitions set forth in subdivision (b) shall not apply to any of the following: +(1) An employee or agent of the federal or state government undertaking a law enforcement activity pursuant to federal or state law, or a mandatory duty required by federal law. +(2) An activity that is authorized by an exemption or permit under federal law or that is otherwise expressly authorized under federal law. +(3) Ivory or rhinoceros horn that is part of a musical instrument, including, but not limited to, a string or wind instrument or piano, and that is less than 20 percent by volume of the instrument, if the owner or seller provides historical documentation demonstrating provenance and showing the item was manufactured no later than 1975. +(4) Ivory or rhinoceros horn that is part of a bona fide antique and that is less than five percent by volume of the antique, if the antique status is established by the owner or seller of the antique with historical documentation demonstrating provenance and showing the antique to be not less than 100 years old. +(5) The purchase, sale, offer for sale, possession with intent to sell, or importation with intent to sell ivory or rhinoceros horn for educational or scientific purposes by a bona fide educational or scientific institution if both of the following criteria are satisfied: +(A) The purchase, sale, offer for sale, possession with intent to sell, or import with intent to sell the ivory or rhinoceros horn is not prohibited by federal law. +(B) The ivory or rhinoceros horn was legally acquired before January 1, 1991, and was not subsequently transferred from one person to another for financial gain or profit after July 1, 2016. +(d) Possession of ivory or rhinoceros horn in a retail or wholesale outlet commonly used for the buying or selling of similar items is prima facie evidence of possession with intent to sell. This evidence shall not preclude a finding of intent to sell based on any other evidence that may serve to establish that intent independently or in conjunction with this evidence. +(e) For a violation of any provision of this section, or any rule, regulation, or order adopted pursuant to this section, the following criminal penalties shall be imposed: +(1) For a first conviction, where the total value of the ivory or rhinoceros horn is two hundred fifty dollars ($250) or less, the offense shall be a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000), or more than ten thousand dollars ($10,000), imprisonment in the county jail for not more than 30 days, or by both the fine and imprisonment. +(2) For a first conviction, where the total value of the ivory or rhinoceros horn is more than two hundred fifty dollars ($250), the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000), or more than forty thousand dollars ($40,000), imprisonment in the county jail for not more than one year, or by both the fine and imprisonment. +(3) For a second or subsequent conviction, where the total value of the ivory or rhinoceros horn is two hundred fifty dollars ($250) or less, the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000), or more than forty thousand dollars ($40,000), imprisonment in county jail for not more than one year, or by both the fine and imprisonment. +(4) For a second or subsequent conviction, where the total value of the ivory or rhinoceros horn is more than two hundred fifty dollars ($250), the offense shall be a misdemeanor punishable by a fine of not less than ten thousand dollars ($10,000), or more than fifty thousand dollars ($50,000) or the amount equal to two times the total value of the ivory or rhinoceros horn involved in the violation, whichever is greater, imprisonment in county jail for not more than one year, or by both the fine and imprisonment. +(f) In addition to, and separate from, any criminal penalty provided for under subdivision (e), an administrative penalty of up to ten thousand dollars ($10,000) may be imposed for a violation of any provision of this section, or any rule, regulation, or order adopted pursuant to this section. Penalties authorized pursuant to this subdivision may be imposed by the department consistent with all of the following: +(1) The chief of enforcement issues a complaint to any person or entity on which an administrative civil penalty may be imposed pursuant to this section. The complaint shall allege the act or failure to act that constitutes a violation, relevant facts, the provision of law authorizing the administrative penalty to be imposed, and the proposed penalty amount. +(2) The complaint and order is served by personal notice or certified mail and informs the party served that the party may request a hearing no later than 20 days from the date of service. If a hearing is requested, it shall be scheduled before the director or his or her designee, which designee shall not be the chief of enforcement issuing the complaint and order. A request for hearing shall contain a brief statement of the material facts the party claims support his or her contention that no administrative penalty should be imposed or that an administrative penalty of a lesser amount is warranted. A party served with a complaint pursuant to this subdivision waives the right to a hearing if no hearing is requested within 20 days of service of the complaint, in which case the order imposing the administrative penalty shall become final. +(3) The director, or his or her designee, shall control the nature and order of the hearing proceedings. Hearings shall be informal in nature, and need not be conducted according to the technical rules relating to evidence. The director, or his or her designee, shall issue a final order within 45 days of the close of the hearing. A final copy of the order shall be served by certified mail upon the party served with the complaint. +(4) A party may obtain review of the final order by filing a petition for a writ of mandate with the superior court within 30 days of the date of service of the final order. The administrative penalty shall be due and payable to the department within 60 days after the time to seek judicial review has expired or, where the party has not requested a hearing of the order, within 20 days after the order imposing an administrative penalty becomes final. +(g) For any conviction or other entry of judgment imposed by a court for a violation of this section resulting in a fine, the court may pay one-half of the fine, but not to exceed five hundred dollars ($500), to any person giving information that led to the conviction or other entry of judgment. This reward shall not apply if the informant is a regular salaried law enforcement officer, or officer or agent of the department. +(h) Upon conviction or other entry of judgment for a violation of this section, any seized ivory or rhinoceros horn shall be forfeited and, upon forfeiture, either maintained by the department for educational or training purposes, donated by the department to a bona fide educational or scientific institution, or destroyed. +(i) Administrative penalties collected pursuant to this section shall be deposited in the Fish and Game Preservation Fund and used for law enforcement purposes upon appropriation by the Legislature. +(j) This section does not preclude enforcement under Section 653o of the Penal Code. +SEC. 3. +Section 5 of Chapter 692 of the Statutes of 1976 is repealed. +SEC. 4. +The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 6. +This act shall become operative on July 1, 2016.","Existing law makes it a crime to import into the state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an elephant. Existing law exempts the possession with intent to sell, or sale of the dead body, or any part or product thereof, of any elephant before June 1, 1977, or the possession with intent to sell or the sale of any such item on or after June 1, 1977, if the item was imported before January 1, 1977. +This bill would delete this exemption. By changing the definition of a crime, this bill would impose a state-mandated local program. +This bill would make it unlawful to purchase, sell, offer for sale, possess with intent to sell, or import with intent to sell ivory or rhinoceros horn, except as specified, and would make this prohibition enforceable by the Department of Fish and Wildlife. The bill would make a violation of this provision or any rule, regulation, or order adopted pursuant to this provision a misdemeanor subject to specified criminal penalties. By creating a new crime, the bill would impose a state-mandated local program. In addition to the specified criminal penalties, the bill would authorize the department to impose an administrative penalty of up to $10,000 for a violation of this provision or any rule, regulation, or order adopted pursuant to this provision. +This bill would provide that the provisions of this bill are severable. +This bill would make these provisions operative on July 1, 2016. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 2022 to the Fish and Game Code, and to repeal Section 5 of Chapter 692 of the Statutes of 1976, relating to animal parts and products." +426,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The State of California is committed to providing excellent educational opportunities to all of its pupils. +(b) There are 92 languages other than English spoken throughout the state, with the primary languages being Arabic, Armenian, Cantonese, Korean, Russian, Spanish, Tagalog, and Vietnamese. +(c) There is a growing body of academic research that shows the importance of culturally meaningful and relevant curriculum. +(d) Based on the National Education Association (NEA) publication, The Academic and Social Value of Ethnic Studies, the inclusion of ethnic studies in a curriculum has a positive impact on pupils of color. +(e) Ethnic studies benefit pupils in observable ways, such as pupils becoming more academically engaged, increasing their performance on academic tests, improving their graduation rates, and developing a sense of self-efficacy and personal empowerment. +(f) The state’s educational standards should be guided by core values of equity and inclusiveness, and should reflect universally high expectations. +(g) The state is committed to its efforts to provide all pupils with excellent educational opportunities, without regard to race, gender, ethnicity, nationality, income, sexual orientation, or disability. +(h) The state is committed to its obligation to ensure its youth are college prepared and career ready, while graduating 100 percent of its pupils. +(i) The implementation of various ethnic studies courses within California’s curriculum that are A-G approved, with the objective of preparing pupils to be global citizens with an appreciation for the contributions of multiple cultures, will close the achievement gap, reduce pupil truancy, increase pupil enrollment, reduce dropout rates, and increase graduation rates. +(j) The state should support efforts in recruiting and retaining teachers who have relevant experience and educational background in the study or teaching of ethnic studies. +SEC. 2. +Section 51226.7 is added to the Education Code, to read: +51226.7. +(a) The Superintendent shall oversee the development of, and the state board shall adopt, a model curriculum to ensure quality courses of study in ethnic studies through partnerships with universities with ethnic studies programs. The model curriculum shall meet the A-G approval requirements of the Regents of the University of California. +(b) On or before the beginning of the 2017–18 school year, the Instructional Quality Commission shall advise, assist, and make recommendations to the Superintendent regarding the development of the model curriculum pursuant to subdivision (a). +(c) Beginning the school year following the adoption of the model curriculum pursuant to subdivision (a), each school district maintaining grade 9 shall offer to all otherwise qualified pupils in that grade, as an elective in the social sciences, a course of study in ethnic studies based on the model curriculum. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SECTION 1. +The Legislature finds and declares all of the following: +(a)California has the eighth largest economy in the world, and its laws have a far-reaching impact on individuals, entities, and organizations within the state and throughout the world. +(b)Because of its extraordinary economic impact and leadership on timely issues, California’s statutory framework and legal structures have a national and global impact. +(c)Rapid technological and societal advances require the development of public policy in new and evolving areas. +(d)State government officials must make informed policy decisions about issues that have increasingly complex and interrelated legal components. +(e)California is home to some of the world’s most prestigious universities and law schools. +(f)California is currently facing one of the largest surpluses of recent law school graduates in the nation, and the unique education and training of these skilled graduates could greatly assist the state government in its work. +(g)Only approximately 5 percent of attorneys nationwide work for state governments, meaning that the nation’s state governments derive insufficient benefit from those attorneys’ legal training and expertise. +(h)Approximately 36 percent of attorneys working for the State of California are 55 years of age or older; therefore, California must encourage attorneys to enter public service to fill vacancies as those attorneys retire. +(i)The establishment of a law fellowship program in California will enable the state to capitalize on the experience of its law school graduates for the betterment of its government. +SEC. 2. +Chapter 1.5 (commencing with Section 8050) is added to Division 1 of Title 2 of the +Government Code +, to read: +1.5. +California Law Fellowship Program +8050. +(a)The California Law Fellowship Program is hereby established. +(b)The purpose of the program is to offer licensed attorneys and other qualifying law school graduates limited-term placements in public sector positions within state government. +(c)The program shall provide each California Law Fellow with the opportunity to work in the public sector and shall encourage each participant to seek permanent public-sector employment at the conclusion of the fellowship. +(d)The Legislature requests that The University of the Pacific McGeorge School of Law, in consultation with California law schools accredited by the American Bar Association, and with any other appropriate person or entity, do all of the following with respect to the California Law Fellowship Program: +(1)Create the program to provide law graduates a post-graduate educational experience and provide the Legislature and other governmental entities with legal assistance and advice. +(2)House and administer the program, including managing funding and processing applications. +(e)A California Law Fellow’s placement with a state agency shall be contingent on that agency’s acceptance of the fellow, according to criteria adopted by the participating state agency for purposes of the program. +(f)(1)It is the intent of the Legislature that participation in the program by an attorney or other qualifying law school graduate, by a state agency, or by a public official within a state agency shall not constitute a gift of public money or thing of value for purposes of Section 6 of Article XVI of the California Constitution, a gift for purposes of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)), or a gift, bequest, or favor for purposes of the Code of Judicial Ethics adopted pursuant to subdivision (m) of Section 18 of Article VI of the California Constitution. +(2)To the extent feasible, the program shall be designed and administered to accomplish the Legislature’s intent as specified in this subdivision. +(g)State funds shall not be used to administer the program. +(h)For purposes of this section: +(1)“California Law Fellow” means a participant in the program. +(2)“Program” means the California Law Fellowship Program. +(3)“Qualifying law school graduate” means a recipient of a law degree from a law school accredited by the American Bar Association. +SEC. 3. +Section 8924.7 is added to the +Government Code +, to read: +8924.7. +(a)The Legislature finds and declares that the California Law Fellowship Program, established pursuant to Chapter 1.5 (commencing with Section 8050) of Division 1, establishes a formal fellowship program that provides substantial public benefits to the Legislature as a participating state agency. +(b)The services of a California Law Fellow, whose placement with the Legislature is duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules, as appropriate, are not compensation, a reward, or a gift to a Member of the Legislature for purposes of paragraph (4) of subdivision (b) of Section 8920. +(c)A California Law Fellow, whose placement with the Legislature is duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules, as appropriate, is not an employee of either house of the Legislature for purposes of this article. +(d)For purposes of this section, a California Law Fellow is “duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules” only if both of the following requirements are satisfied: +(1) The California Law Fellow has been selected according to criteria, and pursuant to a process, approved by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules. +(2)The program has executed an agreement with the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules whereby the California Law Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules.","Existing law requires the adopted course of study for grades 7 to 12, inclusive, to include, among other subjects, the social sciences. Existing law requires the State Board of Education, with the assistance of the Superintendent of Public Instruction, to establish a list of textbooks and other instructional materials that highlight the contributions of minorities in the development of California and the United States. Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the state board. +This bill would require the Superintendent to oversee the development of, and the state board to adopt, a model curriculum to ensure quality courses in ethnic studies. The bill would require the Instructional Quality Commission to advise, assist, and make recommendations to the Superintendent regarding the development of the model curriculum. The bill would, beginning the school year following the adoption of the model curriculum, require each school district maintaining grade 9 to offer to all otherwise qualified pupils in that grade, as an elective in the social sciences, a course of study in ethnic studies based on the model curriculum. By imposing additional duties on school districts, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +Existing law authorizes certain internship and fellowship programs, as specified. +This bill would establish the California Law Fellowship Program for the purpose of offering licensed attorneys and other qualifying law school graduates limited-term placements in public sector positions within state government as California Law Fellows, and encouraging each fellow to seek permanent public-sector employment at the conclusion of his or her fellowship, as specified. +Existing law, commonly known as the Code of Ethics, prohibits a Member of the Legislature or an employee of either house of the Legislature from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance, or other matter related to the legislative process, except for specified circumstances. +This bill would provide that the services of a California Law Fellow are not compensation, a reward, or a gift to a Member of the Legislature for purposes of the so-called Code of Ethics. The bill would also provide that a participant in the program is not an employee of either house of the Legislature for purposes of the Code of Ethics.","An act to add Section 8924.7 to, and to add Chapter 1.5 (commencing with Section 8050) to Division 1 of Title 2 of, the Government Code, relating to state government. +An act to add Section 51226.7 to the Education Code, relating to pupil instruction." +427,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17052 is added to the Revenue and Taxation Code, to read: +17052. +(a) (1) For each taxable year beginning on or after January 1, 2015, there shall be allowed against the “net tax,” as defined by Section 17039, an earned income tax credit in an amount equal to an amount determined in accordance with Section 32 of the Internal Revenue Code, relating to earned income, as applicable for federal income tax purposes for the taxable year, except as otherwise provided in this section. +(2) (A) The amount of the credit determined under Section 32 of the Internal Revenue Code, relating to earned income, as modified by this section, shall be multiplied by the earned income tax credit adjustment factor for the taxable year. +(B) Unless otherwise specified in the annual Budget Act, the earned income tax credit adjustment factor for a taxable year beginning on or after January 1, 2015, shall be zero percent. +(C) The earned income tax credit authorized by this section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the credit. +(b) (1) In lieu of the table prescribed in Section 32(b)(1) of the Internal Revenue Code, relating to percentages, the credit percentage and the phaseout percentage shall be determined as follows: +In the case of an eligible individual with: +The credit percentage is: +The phaseout percentage is: +No qualifying children +7.65% +7.65% +1 qualifying child +34% +34% +2 or more qualifying children +40% +40% +(2) (A) In lieu of the table prescribed in Section 32(b)(2)(A) of the Internal Revenue Code, the earned income amount and the phaseout amount shall be determined as follows: +In the case of an eligible individual with: +The earned income amount is: +The phaseout amount is: +No qualifying children +$3,290 +$3,290 +1 qualifying child +$4,940 +$4,940 +2 or more qualifying children +$6,935 +$6,935 +(B) Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply. +(3) Section 32(b)(3)(A) of the Internal Revenue Code, relating to increased percentage for three or more qualifying children, is modified by substituting “the credit percentage and phaseout percentage is 45 percent” for “the credit percentage is 45 percent.” +(c) (1) Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting “this state” for “the United States.” +(2) Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows: +(A) Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting “plus” and inserting in lieu thereof the following: “and only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.” +(B) Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall not apply. +(3) Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting “this state” for “the United States.” +(d) Section 32(i)(1) of the Internal Revenue Code is modified by substituting “$3,400” for “$2,200.” +(e) In lieu of Section 32(j) of the Internal Revenue Code, relating to inflation adjustments, for taxable years beginning on or after January 1, 2016, the amounts specified in paragraph (2) of subdivision (b) and in subdivision (d) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041. +(f) If the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. +(g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. +(h) Notwithstanding any other law, amounts refunded pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits. +(i) (1) For the purpose of implementing the credit allowed by this section for the 2015 taxable year, the Franchise Tax Board shall be exempt from the following: +(A) Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2. +(B) Special Project Report requirements under Statewide Information Management Manual Section 30. +(C) Section 11.00 of the 2015 Budget Act. +(D) Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code. +(2) The Franchise Tax Board shall formally incorporate the scope, costs, and schedule changes associated with the implementation of the credit allowed by this section in its next anticipated Special Project Report for its Enterprise Data to Revenue Project. +(j) (1) In accordance with Section 41 of the Revenue and Taxation Code, the purpose of the California Earned Income Tax Credit is to reduce poverty among California’s poorest working families and individuals. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following: +(A) The number of tax returns claiming the credit. +(B) The number of individuals represented on tax returns claiming the credit. +(C) The average credit amount on tax returns claiming the credit. +(D) The distribution of credits by number of dependents and income ranges. The income ranges shall encompass the phase-in and phaseout ranges of the credit. +(E) Using data from tax returns claiming the credit, including an estimate of the federal tax credit determined under Section 32 of the Internal Revenue Code, an estimate of the number of families who are lifted out of deep poverty by the credit and an estimate of the number of families who are lifted out of deep poverty by the combination of the credit and the federal tax credit. For the purposes of this subdivision, a family is in “deep poverty” if the income of the family is less than 50 percent of the federal poverty threshold. +(2) The Franchise Tax Board shall provide the written report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly Committee on Revenue and Taxation, and the Senate and Assembly Committees on Human Services. +(k) The tax credit allowed by this section shall be known as the California Earned Income Tax Credit. +SEC. 2. +Section 19136 of the Revenue and Taxation Code is amended to read: +19136. +(a) Section 6654 of the Internal Revenue Code, relating to failure by an individual to pay estimated income tax, shall apply, except as otherwise provided. +(b) Section 6654(a)(1) of the Internal Revenue Code is modified to refer to the rate determined under Section 19521 in lieu of Section 6621 of the Internal Revenue Code. +(c) (1) Section 6654(e)(1) of the Internal Revenue Code, relating to exceptions where the tax is a small amount, does not apply. +(2) No addition to the tax shall be imposed under this section if the tax imposed under Section 17041 or 17048 and the tax imposed under Section 17062 for the preceding taxable year, minus the sum of any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, or the tax computed under Section 17041 or 17048 upon the estimated income for the taxable year, minus the sum of any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, is less than five hundred dollars ($500), except in the case of a separate return filed by a married person the amount shall be less than two hundred fifty dollars ($250). +(d) Section 6654(f) of the Internal Revenue Code does not apply and for purposes of this section the term “tax” means the tax imposed under Section 17041 or 17048 and the tax imposed under Section 17062 less any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, other than the credit provided by subdivision (a) of Section 19002. +(e) (1) The credit for tax withheld on wages, as specified in Section 6654(g) of the Internal Revenue Code, is the credit allowed under subdivision (a) of Section 19002. +(2) (A) Section 6654(g)(1) of the Internal Revenue Code is modified by substituting the phrase “the applicable percentage” for the phrase “an equal part.” +(B) For purposes of this paragraph, “applicable percentage” means the percentage amount prescribed under Section 6654(d)(1)(A) of the Internal Revenue Code, as modified by subdivision (a) of Section 19136.1. +(f) This section applies to a nonresident individual. +(g) (1) No addition to tax shall be imposed under this section to the extent that the underpayment was created or increased by +any law that is chaptered during and operative for the taxable year of the underpayment. +either of the following: +(A) Any law that is chaptered during and operative for the taxable year of the underpayment. +(B) If, for a taxable year prior to its repeal, the adjustment factor for the credit authorized by Section 17052 for the taxable year was less than the adjustment factor for that credit for the preceding taxable year. +(2) +(A) +Notwithstanding Section 18415, +this section +subparagraph (A) of paragraph (1) +applies to penalties imposed under this section on +and +or +after January 1, 2005. +(B) Notwithstanding Section 18415, subparagraph (B) of paragraph (1) applies to penalties imposed under this section on or after January 1, 2016. +(h) The amendments made to this section by Section 5 of Chapter 305 of the Statutes of 2008 apply to taxable years beginning on or after January 1, 2009. +(i) The amendments made to this section by +the act adding this subdivision +Section 3 of Chapter 15 of the fourth Extraordinary Session of the Statutes of 2009 +apply to amounts withheld on wages beginning on or after January 1, 2009. +SEC. 3. +Section 19167 of the +Revenue and Taxation Code is amended to read: +19167. +A penalty shall be imposed under this section for any of the following: +(a) In accordance with Section 6695(a) of the Internal Revenue Code, for failure to furnish a copy of the return to the taxpayer, as required by Section 18625. +(b) In accordance with Section 6695(c) of the Internal Revenue Code, for failure to furnish an identifying number, as required by Section 18624. +(c) In accordance with Section 6695(d) of the Internal Revenue Code, for failure to retain a copy or list, as required by Section 18625 or for failure to retain an electronic filing declaration, as required by Section 18621.5. +(d) Failure to register as a tax preparer with the California Tax Education Council, as required by Section 22253 of the Business and Professions Code, unless it is shown that the failure was due to reasonable cause and not due to willful neglect. +(1) The amount of the penalty under this subdivision for the first failure to register is two thousand five hundred dollars ($2,500). This penalty shall be waived if proof of registration is provided to the Franchise Tax Board within 90 days from the date notice of the penalty is mailed to the tax preparer. +(2) The amount of the penalty under this subdivision for a failure to register, other than the first failure to register, is five thousand dollars ($5,000). +(e) The Franchise Tax Board shall not impose the penalties authorized by subdivision (d) until either one of the following has occurred: +(1) Commencing January 1, 2006, and continuing each year thereafter, there is an appropriation in the Franchise Tax Board’s annual budget to fund the costs associated with the penalty authorized by subdivision (d). +(2) (A) An agreement has been executed between the California Tax Education Council and the Franchise Tax Board that provides that an amount equal to all first year costs associated with the penalty authorized by subdivision (d) shall be received by the Franchise Tax Board. For purposes of this subparagraph, first year costs include, but are not limited to, costs associated with the development of processes or systems changes, if necessary, and labor. +(B) An agreement has been executed between the California Tax Education Council and the Franchise Tax Board that provides that the annual costs incurred by the Franchise Tax Board associated with the penalty authorized by subdivision (d) shall be reimbursed by the California Tax Education Council to the Franchise Tax Board. +(C) Pursuant to the agreement described in subparagraph (A), the Franchise Tax Board has received an amount equal to the first year costs described in that subparagraph. +(f) In accordance with Section 6695(g) of the Internal Revenue Code, for failure to be diligent in determining eligibility for earned income credit for returns required to be filed on or after the effective date of the act adding this subdivision. +SEC. 4. +In future years, it is the intent of the Legislature to enact legislation that would expand the California Earned Income Tax Credit allowed by Section 17052 of the Revenue and Taxation Code, as state budget conditions permit, to benefit a broader section of working poor Californians. +SEC. 5. +This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately. +SECTION 1. +It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income and who meet certain other requirements. +This bill, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, would allow an earned income credit against personal income tax, and a payment in excess of that amount, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor as set forth in the annual Budget Act. +Existing law requires any bill authorizing a new personal income tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements, as provided. +To measure whether the earned income credit achieves its intended purpose, this bill would require the Franchise Tax Board to annually prepare a specified written report and to provide that report to specified legislative committees. +Existing law establishes the continuously appropriated Tax Relief and Refund Account, and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account. +By authorizing new payments from that account for amounts in excess of personal income tax liabilities, this bill would make an appropriation. +The Personal Income Tax Law imposes taxes based upon taxable income and also imposes interest and penalties with regard to those taxes under specified circumstances, including a penalty for the underpayment of estimated tax. Existing law provides no addition to tax shall be imposed to the extent that the underpayment was created or increased by any law that is chaptered during and operative for the taxable year of the underpayment. +This bill would provide that addition to tax shall not be imposed if the applicable percentage for the earned income tax credit for the taxable year was less than the applicable percentage for that credit for the preceding taxable year and would impose a penalty, in conformity with federal law, for failure to be diligent in determining eligibility for the earned income tax credit, as specified. +This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. +This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","An act relating to the Budget Act of 2015. +An act to amend Sections 19136 and 19167 of, and to add Section 17052 to, the Revenue and Taxation Code, relating to taxation, and making an appropriation therefor, to take effect immediately, bill related to the budget." +428,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 13332.19 of the Government Code is amended to read: +13332.19. +(a) For the purposes of this section, the following definitions shall apply: +(1) “Design-build” means a construction procurement process in which both the design and construction of a project are procured from a single entity. +(2) “Design-build project” means a capital outlay project using the design-build construction procurement process. +(3) “Design-build entity” means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed. +(4) “Design-build solicitation package” means the performance criteria, any concept drawings, the form of contract, and all other documents and information that serve as the basis on which bids or proposals will be solicited from the design-build entities. +(5) “Design-build phase” means the period following the award of a contract to a design-build entity in which the design-build entity completes the design and construction activities necessary to fully complete the project in compliance with the terms of the contract. +(6) “Performance criteria” means the information that fully describes the scope of the proposed project and includes, but is not limited to, the size, type, and design character of the buildings and site; the required form, fit, function, operational requirements, and quality of design, materials, equipment, and workmanship; and any other information deemed necessary to sufficiently describe the state’s needs. Performance criteria may include concept drawings, which include any schematic drawings or architectural renderings that are prepared in the detail necessary to sufficiently describe the state’s needs. +(b) (1) Except as otherwise specified in subparagraphs (A) to (D), inclusive, of paragraph (2) funds appropriated for a design-build project shall not be expended by any state agency, including, but not limited to, the University of California, the California State University, the California Community Colleges, and the Judicial Council, until the Department of Finance and the State Public Works Board have approved performance criteria. +(2) This section shall not apply to any of the following: +(A) Amounts for acquisition of real property, in fee or any lesser interest. +(B) Amounts for equipment or minor capital outlay projects. +(C) Amounts appropriated for performance criteria. +(D) Amounts appropriated for preliminary plans, if the appropriation was made prior to January 1, 2005. +(c) Any appropriated amounts for the design-build phase of a design-build project, where funds have been expended on the design-build phase by any state agency prior to the approval of the performance criteria by the State Public Works Board, and all amounts not approved by the board under this section shall be reverted to the fund from which the appropriation was made. A design-build project for which a capital outlay appropriation is made shall not be put out to design-build solicitation until the bid package has been approved by the Department of Finance. A substantial change shall not be made to the performance criteria as approved by the board and the Department of Finance without written approval by the Department of Finance. The Department of Finance shall approve any proposed bid or proposal alternates set forth in the design-build solicitation package. +(d) The State Public Works Board may augment a design-build project in an amount of up to 20 percent of the capital outlay appropriations for the project, irrespective of whether any such appropriation has reverted. For projects authorized through multiple fund sources, including, but not limited to, general obligation bonds and lease-revenue bonds, to the extent permissible, the Department of Finance shall have full authority to determine which of the fund sources will bear all or part of an augmentation. The board shall defer all augmentations in excess of 20 percent of the amount appropriated for each design-build project until the Legislature makes additional funds available for the specific project. +(e) In addition to the powers provided by Section 15849.6, the State Public Works Board may further increase the additional amount in Section 15849.6 to include a reasonable construction reserve within the construction fund for any capital outlay project without augmenting the project. The amount of the construction reserve shall be within the 20 percent augmentation limitation. The board may use this amount to augment the project, when and if necessary, after the lease-revenue bonds are sold to ensure completion of the project. +(f) Any augmentation in excess of 10 percent of the amounts appropriated for each design-build project shall be reported to the Chairperson of the Joint Legislative Budget Committee, or his or her designee, 20 days prior to board approval, or not sooner than whatever lesser time the chairperson, or his or her designee, may in each instance determine. +(g) (1) The Department of Finance may change the administratively or legislatively approved scope for major design-build projects. +(2) If the Department of Finance changes the approved scope pursuant to paragraph (1), the department shall report the changes and associated cost implications to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and the legislative members of the State Public Works Board 20 days prior to the proposed board action to recognize the scope change. +(h) The Department of Finance shall report to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and the legislative members of the State Public Works Board 20 days prior to the proposed board approval of performance criteria for any project when it is determined that the estimated cost of the total design-build project is in excess of 20 percent of the amount recognized by the Legislature. +SEC. 2. +Section 15770.5 of the Government Code is repealed. +SEC. 3. +Section 15816 of the Government Code is amended to read: +15816. +(a) When any public building has been acquired or constructed by the board, and the revenues, rentals, or receipts from the operation of the public building are no longer required or pledged for the payment of principal or interest on any of the certificates or revenue bonds of the board undertaken under this part, the public building shall be under the jurisdiction of, and operated and maintained by, the state agency that had jurisdiction of the property prior to the board’s financing of the public building. +(b) If at any time funds are available by law to retire any certificates or revenue bonds issued to defray the cost of any public building, these funds shall be applied to the redemption of certificates or revenue bonds secured by the rentals and revenues from that public building. +SEC. 4. +Section 15817.1 of the Government Code is amended to read: +15817.1. +(a) Exclusively for the purpose of facilitating the financing of public buildings pursuant to this part through the issuance of revenue bonds, notes, or certificates by the board, and notwithstanding any other law, the board may acquire by lease from any state agency public buildings identified by, and under the jurisdiction or control of, the state agency, and, in that connection, the board may then lease those public buildings back to the state agency and may pledge the revenues, rentals, or receipts to the lease to secure the repayment of revenue bonds, notes, or certificates issued by the board. The board is not required to apply the proceeds of the board’s bonds, notes, or certificates to acquire, design, construct, or otherwise improve the same public buildings that are leased pursuant to this section. In each case, the lease shall provide rental provisions, term, payment, security, default, remedy, and other terms or provisions as may be specified in the lease or other agreement or agreements between the board and the state agency and may provide for the substitution of other public buildings for the public buildings initially leased by the board and the state agency pursuant to this section. The public buildings that are leased pursuant to this section may be existing public buildings, as determined by the board and the state agency, and which the board and the state agency also determine to have both of the following: +(1) A fair rental value that is consistent with the principal amount of the bonds, notes, or certificates of the board authorized to be issued for the purpose of providing the financing of public buildings pursuant to this part. +(2) An economic useful life that is not shorter than the final maturity of the bonds, notes, or certificates of the board authorized to be issued for the purpose of providing the financing of public buildings pursuant to this part. +(b) These determinations by the board and the state agency pursuant to subdivision (a) shall be final and conclusive. +(c) A lease made pursuant to this section does not require the approval of the Director of General Services. +(d) The board or a state agency may utilize subdivision (a) in connection with the issuance of any revenue bonds, notes, or certificates previously authorized but not issued, or any revenue bonds, notes, or certificates authorized subsequent to the effective date of the act adding this subdivision. +(e) On or before June 30, 2017, the Department of Finance shall report to the fiscal committees of the Legislature the following regarding the removal of the July 1, 2015, inoperative date from the asset transfer authority of the board. The report shall include, but is not limited to, all of the following: +(1) The number of times the asset transfer authority has been invoked. +(2) The aggregate amount of financing secured through asset transfers. +(3) An estimate of the financing savings realized through the use of asset transfers. +SEC. 5. +Section 15820.903 of the Government Code is amended to read: +15820.903. +(a) The SPWB may issue up to three hundred forty million eight hundred sixty-six thousand dollars ($340,866,000) in revenue bonds, notes, or bond anticipation notes, pursuant to Chapter 5 of Part 10b of Division 3 of Title 2 (commencing with Section 15830) to finance the acquisition, design, or construction, and a reasonable construction reserve, of approved local jail facilities described in Section 15820.901, and any additional amount authorized under Section 15849.6 to pay for the cost of financing. +(b) Proceeds from the revenue bonds, notes, or bond anticipation notes may be utilized to reimburse a participating county for the costs of acquisition, preliminary plans, working drawings, and construction for approved projects. +(c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.902 are continuously appropriated for purposes of this chapter. +(d) This section shall become inoperative on June 30, 2017, and no project may be commenced after that date; however, projects that have already commenced by that date may be completed and financed with bonds issued pursuant to this chapter. +SEC. 6. +Section 15820.913 of the Government Code is amended to read: +15820.913. +(a) The SPWB may issue up to eight hundred seventy million seventy-four thousand dollars ($870,074,000) in revenue bonds, notes, or bond anticipation notes, pursuant to Chapter 5 of Part 10b of Division 3 of Title 2 (commencing with Section 15830) to finance the acquisition, design, or construction, and a reasonable construction reserve, of approved local jail facilities described in Section 15820.911, and any additional amount authorized under Section 15849.6 to pay for the cost of financing. +(b) Proceeds from the revenue bonds, notes, or bond anticipation notes may be used to reimburse a participating county for the costs of acquisition, preliminary plans, working drawings, and construction for approved projects. +(c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.912 are continuously appropriated for purposes of this chapter. +SEC. 7. +Section 15820.922 of the Government Code is amended to read: +15820.922. +(a) The board may issue up to five hundred nine million sixty thousand dollars ($509,060,000) in revenue bonds, notes, or bond anticipation notes, pursuant to Chapter 5 (commencing with Section 15830) to finance the acquisition, design, and construction, including, without limitation, renovation, and a reasonable construction reserve, of approved adult local criminal justice facilities described in Section 15820.92, and any additional amount authorized under Section 15849.6 to pay for the cost of financing. +(b) Proceeds from the revenue bonds, notes, or bond anticipation notes may be used to reimburse a participating county for the costs of acquisition, design, and construction, including, without limitation, renovation, for approved adult local criminal justice facilities. +(c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.921 are continuously appropriated for purposes of this chapter. +SEC. 8. +Section 15831 of the Government Code is amended to read: +15831. +All bonds issued under this part shall bear the facsimile signature of the Governor and the facsimile countersignature of the Controller and the Treasurer, and the bonds shall be signed, countersigned, and endorsed by the officers who shall be in office on the date of issuance thereof, and each of the bonds shall bear an impress of the Great Seal of the State of California. The bonds so signed, countersigned, endorsed, and sealed, when sold, are valid although the sale thereof be made at a date or dates upon which the officers having signed, countersigned, and endorsed the bonds, or any or either of the officers, shall have ceased to be the incumbents of the offices held by them at the time of signing, countersigning, or endorsing the bonds. Each bond issued under this part, if subject to call or redemption prior to maturity, shall contain a recital to that effect. +The rate of interest to be borne by the bonds need not be uniform for all bonds of the same issue or series or maturity and a “not to exceed” interest rate may be determined and fixed by the board by resolution adopted prior to or after the sale of the bonds. The Treasurer, when authorized by resolution of the board, may sell bonds above, below, or at their par or face value. +SEC. 9. +Section 15832 of the Government Code is amended to read: +15832. +Upon receipt of a resolution of the board authorizing the issuance of bonds, the Treasurer shall provide for their preparation in accordance with the resolution. The bonds authorized to be issued shall be sold by the Treasurer, at public sale or at private sale, as directed by the board. In the case of public sale, (1) the bonds shall be sold by the Treasurer, at such time as may be fixed by him or her, and upon such notice as he or she may deem advisable, upon bids submitted to the Treasurer in the form and by the means specified by the Treasurer, to the bidder whose bid will result in the lowest interest cost on account of such bonds, and (2) if no bids are received, or if the Treasurer determines that the bids are not satisfactory, the Treasurer may reject all bids received, if any, and either readvertise or sell the bonds at private sale. For purposes of this chapter, the method for determining the lowest interest cost bid shall be determined by the Treasurer and shall be limited to either the net interest cost method or the true interest cost method determined by the bids as submitted in accordance with the notice of sale. The net interest cost of each bid shall be determined by ascertaining the total amount of interest that the state would be required to pay under that bid, from the date of the bonds to the respective maturity dates of the bonds then offered for sale, at the interest rate or rates specified in the bid, less the total amount of the premium, if any, or plus the total amount of the discount, if any, offered by the bid. The bid under which the amount ascertained is the least shall be deemed to be the bid resulting in the lowest net interest cost. Under the true interest cost method, the bonds shall be awarded to the bidder submitting the lowest interest rate bid determined by the nominal interest rate that, when compounded semiannually and used to discount the debt service payments on the bonds to the date of the bonds, results in an amount equal to the price bid for the bonds, excluding interest accrued to the date of delivery. +Temporary or interim bonds, certificates, or receipts of any denomination whatever, to be signed by the Treasurer, may be issued and delivered until the definitive bonds are executed and available for delivery. Signature of the Treasurer may be by signature stamp. +SEC. 10. +Section 15848 of the Government Code is amended to read: +15848. +Notwithstanding Section 13340 or any other provision of law, the amount as may be necessary to pay the rent of any agency occupying space in a facility authorized to be acquired or constructed under the State Building Construction Act of 1955 or a facility leased by a state agency pursuant to a joint powers agreement in accordance with Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 is hereby appropriated each fiscal year payable from the fund in the State Treasury from which that agency derives its appropriation for support and shall become available only if the rental payments are due during a period that the state is operating without funds appropriated by the Budget Act for that fiscal year or if the amount required to pay the rental payments has not been included in the Budget Act for that fiscal year and the Department of Finance certifies to the Controller that sufficient funds are available for the support of the agency for that portion of the facility that has been provided for its use and the facility or portion thereof is available for the use and occupancy of the agency. This appropriation shall be inoperative as to any facility for which jurisdiction has been transferred pursuant to Section 15816. +SEC. 11. +This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","(1) Existing law, except as specified, prohibits any state agency from expending funds appropriated for design-build projects until the Department of Finance and the State Public Works Board have approved performance criteria or performance criteria and concept drawings for the project. Existing law, for these purposes, defines the term “performance criteria” to mean the information that fully describes the scope of the proposed project, as specified. Existing law, for these purposes, defines the term “concept drawings” to mean any schematic drawings or architectural renderings that are prepared, in addition to performance criteria, in the detail necessary to sufficiently describe the state’s needs. +This bill would revise the definition of “performance criteria,” for these purposes, to include concept drawings, as specified. The bill would additionally make conforming changes. +(2) Existing law establishes the State Public Works Board which consists of the Director of Finance, the Director of Transportation, and the Director of General Services. Existing law authorizes the Director of Transportation and the Director of General Services to appoint a deputy or assistant director in their respective departments to act in their place on the board, as specified. +This bill would repeal that authorization. +(3) Existing law requires the State Public Works Board to notify the Department of General Services whenever the revenues, rentals, or receipts from the operation of a public building that was acquired or constructed by the board are no longer required or pledged for the payment of principal or interest on any of the certificates or revenue bonds of the board. Existing law provides that thereafter, that public building is under the jurisdiction of, and operated and maintained by, the Department of General Services. +This bill would repeal this notification requirement and instead require those buildings to return to the jurisdiction of, and be operated and managed by, the state agency that had jurisdiction of the property prior to the board’s financing of the public building. The bill would additionally make conforming changes. +Existing law exempts from these provisions any public buildings that are acquired by lease by the board from a state agency, for the purposes of leasing the public building back to the state agency, as specified, and public buildings constructed for lease purchase to the University of California, the Trustees of the California State University, the Board of Governors of the California Maritime Academy, or any community college district. Existing law provides that when the revenues, rentals, or receipts from the operation of any public facility or public building are no longer required or pledged for the payment of principal or interest on the certificates or revenue bonds of the board, title to the public building vests in the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Maritime Academy, or the community college district. +This bill would repeal these exemption and vesting provisions. +(4) Existing law, until July 1, 2015, authorizes the State Public Works Board to acquire public buildings by lease from any state agency, and to lease those public buildings back to the state agency and pledge the revenues, rentals, or receipts to the lease to secure repayment of revenue bonds, notes, or certificates issued by the board for the purpose of facilitating the financing of public buildings, as specified. +This bill would eliminate the repeal date and require the Department of Finance to report to the Legislature by June 30, 2017, on the effects of this repeal, as specified. +(5) Existing law requires all revenue bonds issued for state building construction to bear the signature of the Governor, and the facsimile countersignature of the Controller and the Treasurer, as specified. Existing law requires all interest coupons attached to each bond to bear the facsimile signature of the Treasurer, as specified. Existing law specifies that the rate of interest to be born by the bonds need not be uniform for all bonds of the same issue or series or division and provides that the rate may be determined and fixed by the State Public Works Board by resolution adopted at or after the sale of the bonds. +This bill would eliminate the requirement that all interest coupons attached to each bond bear the facsimile signature of the Treasurer and all references to interest coupons in these provisions. The bill would additionally provide that a “not to exceed” interest rate may be determined and fixed by the board by resolution adopted prior to or after the sale of the bonds. +(6) Existing law requires the highest bid received on the sale of the bonds to be determined by deducting the total amount of the premium bid, if any, from the total amount of the interest that the state would be required to pay from the date of the bonds or the last preceding interest payment date, whichever is latest, to the respective maturity date of the bonds, as specified, and requires the award to be made on the basis of the lowest net interest cost to the state. Existing law requires the Treasurer, upon receipt of a resolution of the State Public Works Board authorizing the issuance of bonds, to provide for the preparation of the bonds in accordance with the resolution. In the case of a public sale, existing law authorizes the Treasurer to sell the bonds at the time, and with the notice, determined by the Treasurer, upon sealed bids, to the bidder whose bid will result in the lowest net interest cost on account of the bonds. +This bill would instead authorize the Treasurer, for a public sale, to set forth the form and means of bids, and to sell to the bidder whose bid will result in the lowest interest cost to the state on account of the bonds. The bill would set forth the procedures the Treasurer may use to determine the lowest interest cost to the state, including the net interest cost of each bid, or the true interest cost of each bid, as defined. +(7) Existing law authorizes the Department of Corrections and Rehabilitation, participating counties, and the State Public Works Board to acquire, design, and construct local jail facilities approved by the Board of State and Community Corrections (BSCC). Existing law authorizes the State Public Works Board to issue revenue bonds, notes, or bond anticipation notes in the amounts of $365,771,000 and $854,229,000, in 2 phases, to finance the acquisition, design, and construction, and a reasonable construction reserve, of approved local jail facilities, as specified. Existing law authorizes the State Public Works Board to issue revenue bonds, notes, or bond anticipation notes in the amount of $500,000,000 to finance the acquisition, design, and construction, and a reasonable construction reserve, of approved adult local criminal justice facilities, as defined. The funds derived from those revenue bonds, notes, or bond anticipation notes are continuously appropriated for the purposes described above. +This bill would decrease the authorization for revenue bonds, notes, or bond anticipation notes in the first phase from $365,771,000 to $340,866,000 and increase the authorization of the 2nd phase from $854,229,000 to $870,074,000. The bill would also increase the authorization to be used for adult local criminal justice facilities from $500,000,000 to $509,060,000. +(8) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to amend Sections 13332.19, 15816, 15817.1, 15820.903, 15820.913, 15820.922, 15831, 15832, and 15848 of, and to repeal Section 15770.5 of, the Government Code, relating to public works, and making an appropriation therefor, to take effect immediately, bill related to the budget." +429,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12439 of the Government Code is repealed. +12439. +(a)Beginning July 1, 2002, any state position that is vacant for six consecutive monthly pay periods shall be abolished by the Controller on the following July 1. The six consecutive monthly pay periods may occur entirely within one fiscal year or between two consecutive fiscal years. +(b)The Director of Finance may authorize the reestablishment of any positions abolished pursuant to this section if one or more of the following conditions existed during part or all of the six consecutive monthly pay periods: +(1)There was a hiring freeze in effect during part or all of the six consecutive pay periods. +(2)The department has diligently attempted to fill the position, but was unable to complete all the steps necessary to fill the position within six months. +(3)The position has been designated as a management position for purposes of collective bargaining and has been held vacant pending the appointment of the director, or other chief executive officer, of the department as part of the transition from one Governor to the succeeding Governor. +(4)The classification of the position is determined to be hard-to-fill. +(5)Late enactment of the budget causes the department to delay filling the position. +(c)The Controller shall reestablish any position for which the director of the department in which that position existed prior to abolishment certifies by August 15 that one or more of the following conditions existed during part or all of the six consecutive pay periods: +(1)The position is necessary for directly providing 24-hour care in an institution operated by the state. +(2)The position is necessary for the state to satisfy any licensing requirements adopted by a local, state, or federal licensing or other regulatory agency. +(3)The position is directly involved in services for public health, public safety, or homeland security. +(4)The position is being held vacant because the previous incumbent is eligible to exercise a mandatory right of return from a leave of absence as may be required by any provision of law including, but not limited to, leaves for industrial disability, nonindustrial disability, military service, pregnancy, childbirth, or care of a newborn infant. +(5)The position is being held vacant because the department has granted the previous incumbent a permissive leave of absence as may be authorized by any provision of law including, but not limited to, leaves for adoption of a child, education, civilian military work, or to assume a temporary assignment in another agency. +(6)Elimination of the position will directly reduce state revenues or other income by more than would be saved by elimination of the position. +(7)The position is funded entirely from moneys appropriated pursuant to Section 221 of the Food and Agricultural Code, was established with the Controller pursuant to Section 221.1 of the Food and Agricultural Code, and directly responds to unforeseen agricultural circumstances requiring the relative expertise that the position provides. +(d)Each department shall maintain for future independent audit all records on which the department relied in determining that any position or positions satisfied one or more of the criteria specified in paragraphs (1) to (6), inclusive, of subdivision (c). +(e)The only other exceptions to the abolishment required by subdivision (a) are those positions exempt from civil service or those instructional and instruction-related positions authorized for the California State University. No money appropriated by the subsequent Budget Act shall be used to pay the salary of any otherwise authorized state position that is abolished pursuant to this section. +(f)The Controller, no later than September 10 of each fiscal year, shall furnish the Department of Finance in writing a preliminary report of any authorized state positions that were abolished effective on the preceding July 1 pursuant to this section. +(g)The Controller, no later than October 15 of each fiscal year, shall furnish the Joint Legislative Budget Committee and the Department of Finance a final report on all positions that were abolished effective on the preceding July 1. +(h)Departments shall not execute any personnel transactions for the purpose of circumventing the provisions of this section. +(i)Each department shall include a section discussing its compliance with this section when it prepares its report pursuant to Section 13405. +(j)As used in this section, department refers to any department, agency, board, commission, or other organizational unit of state government that is empowered to appoint persons to civil service positions. +(k)This section shall become operative July 1, 2002. +SEC. 2. +Section 22775 of the Government Code is amended to read: +22775. +“Family member” means an employee’s or annuitant’s spouse or domestic partner and any child, including an adopted child, a stepchild, or recognized natural child. The board shall, by regulation, prescribe age limits and other conditions and limitations pertaining to children. +“Family member” does not include a former spouse or former domestic partner of an employee or annuitant. +SEC. 3. +Section 22781 of the Government Code is amended to read: +22781. +“Prefunding” means the making of periodic payments by an employer +or employee +to partially or completely +fund or +amortize the +actuarially determined normal costs or +unfunded actuarial obligation of the employer for +postemployment +health +care +benefits provided to annuitants and their family members. +SEC. 4. +Section 22843.1 is added to the Government Code, to read: +22843.1. +(a) Pursuant to standards established by the Department of Human Resources, the employing office of a state employee or state annuitant shall possess documentation verifying eligibility of an employee’s or annuitant’s family member prior to the enrollment of a family member in a health benefit plan. The employing office shall maintain the verifying documentation in the employee or annuitant’s official personnel or member file. +(b) The employing office of the state employee or state annuitant shall obtain verifying documentation to substantiate the continued eligibility of family members as follows: +(1) At least once every three years for the following family members: +(A) Spouses. +(B) Domestic partners. +(C) Children and stepchildren. +(D) Domestic partner children. +(2) At least once annually for other children for whom the state employee or state annuitant has assumed a parent-child relationship. +(c) For purposes of this section, the Public Employees’ Retirement System is the employing office of a state annuitant. +SEC. 5. +Section 22844 of the Government Code is amended to read: +22844. +(a) Employees, annuitants, and family members who become eligible to enroll on or after January 1, 1985, in Part A and Part B of Medicare +may +shall +not be enrolled in a basic health benefit plan. If the employee, annuitant, or family member is enrolled in Part A and Part B of Medicare, he or she may enroll in a Medicare health benefit plan. +(b) Employees, annuitants, and family members enrolled in a prescription drug plan under Part D of Medicare +may +shall +not be enrolled in a board-approved health benefit plan. This subdivision does not apply to an individual enrolled in a board-approved or offered health benefit plan that provides a prescription drug plan or qualified prescription drug coverage under Part D of Medicare as part of its benefit design. +(c) This section does not apply to employees and family members that are specifically excluded from enrollment in a Medicare health benefit plan by federal law or +federal +regulation. +(d) The board shall not grant any further exemptions to this section after July 1, 2015. +SEC. 6. +Section 22865 of the Government Code is amended to read: +22865. +Prior +Not later than 30 days prior +to the approval of +proposed +benefits and premium readjustments authorized under Section 22864, the board shall +notify +provide an initial estimate of proposed changes and costs in writing to +the +Legislature, +Joint Legislative Budget Committee, +the +chairpersons of the committees and subcommittees in each house of the Legislature that consider the Public Employees’ Retirement System’s budget and activities, the State Controller, the +Trustees of the California State University, +and +the Department of Human +Resources +Resources, the Director +of +Finance, and +the +proposed changes in writing. +Legislative Analyst. +SEC. 7. +Section 22866 of the Government Code is amended to read: +22866. +(a) +The board shall report to the Legislature +and the Director of Finance +annually, on November 1, regarding the +success or failure of each +health +benefit plan. +benefits program. +The report shall include, but not be limited +to, the costs +to the +board and to participants, the degree of satisfaction of members and annuitants with the health benefit plans and with the quality of the care provided, as determined by a representative sampling of participants, and the level of accessibility to preferred providers for rural members who do not have access to health maintenance organizations. +following: +(1) General overview of the health benefits program, including, but not limited to, the following: +(A) Description of health plans and benefits provided, including essential and nonessential benefits as required by state and federal law, member expected out-of-pocket expenses, and actuarial value by metal tier as defined by the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). +(B) Geographic coverage. +(C) Historic enrollment information by basic and medicare plans, by state and contract agencies, by active and retired membership, and by subscriber and dependent tier. +(D) Historic expenditures by basic and medicare plans, by state and contract agencies, by active and retired membership, and by subscriber and dependent tier. +(2) Reconciliation of premium increases or decreases from the prior plan year, and the reasons for those changes. +(A) Description of benefit design and benefit changes, including prescription drug coverage, by plan. The description shall detail whether benefit changes were required by statutory mandate, federal law, or an exercise of the board’s discretion, the costs or savings of the benefit change, and the impact of how the changes fit into a broader strategy. +(B) Discussion of risk. +(C) Description of medical trend changes in aggregate service categories for each plan. The aggregate service categories used shall include the standard categories of information collected by the board, consisting of the following: inpatient, emergency room, ambulatory surgery, office, ambulatory radiology, ambulatory lab, mental health and substance abuse, other professional, prescriptions, and all other service categories. +(D) Reconciliation of past year premiums against actual enrollments, revenues, and accounts receivables. +(3) Overall member health as reflected by data on chronic conditions. +(4) The impact of federal subsidies or contributions to the health care of members, including Medicare Part A, Part B, Part C, or Part D, low-income subsidies, or other federal program. +(5) The cost of benefits beyond Medicare contained in the board’s Medicare supplemental plans. +(6) A description of plan quality performance and member satisfaction, including, but not limited to, the following: +(A) The Healthcare Effectiveness Data and Information Set, referred to as HEDIS. +(B) The Medicare star rating for Medicare supplemental plans. +(C) The degree of satisfaction of members and annuitants with the health benefit plans and with the quality of the care provided, to the extent the board surveys participants. +(D) The level of accessibility to preferred providers for rural members who do not have access to health maintenance organizations. +(E) Other applicable quality measurements collected by the board as part of the board’s health plan contracts. +(7) A description of risk assessment and risk mitigation policy related to the board’s self-funded and flex-funded plan offerings, including, but not limited to the following: +(A) Reserve levels and their adequacy to mitigate plan risk. +(B) The expected change in reserve levels and the factors leading to this change. +(C) Policies to reduce excess reserves or rebuild inadequate reserves. +(D) Decisions to lower premiums with excess reserves. +(E) The use of reinsurance and other alternatives to maintaining reserves. +(8) Description and reconciliation of administrative expenditures, including, but not limited to, the following: +(A) Organization and staffing levels, including salaries, wages, and benefits. +(B) Operating expenses and equipment expenditure items, including, but not limited to, internal and external consulting and intradepartmental transfers. +(C) Funding sources. +(D) Investment strategies, historic investment performance, and expected investment returns of the Public Employees’ Contingency Reserve Fund and the Public Employees’ Health Care Fund. +(9) Changes in strategic direction and major policy initiatives. +(b) A report submitted pursuant to subdivision (a) shall be provided in compliance with Section 9795. +SEC. 8. +Section 22940 of the Government Code is amended to read: +22940. +(a) +There is in the State Treasury the Annuitants’ Health Care Coverage Fund that is a trust fund and a retirement fund, within the meaning of Section 17 of Article XVI of the California Constitution. +Notwithstanding +Subject to the limitation provided in subdivision (b), notwithstanding +Section 13340, all moneys in the fund are continuously appropriated without regard to fiscal years to the board for expenditure for the prefunding of health care coverage for annuitants pursuant to this part, including administrative costs. The board has sole and exclusive control and power over the administration and investment of the Annuitants’ Health Care Coverage Fund and shall make investments pursuant to Part 3 (commencing with Section 20000). +(b) (1) Moneys accumulated in the designated state subaccounts of the fund, or a successor fund, that are derived from investment income shall not be used to pay benefits for state annuitants and dependents until the earlier of: +(A) With regard to a particular designated state subaccount, the date the funded ratio of the designated state subaccount reaches at least 100 percent as determined in that employer’s postemployment benefits actuarial valuation and then only for the purpose of paying benefits for state annuitants and dependents associated with that subaccount. +(B) July 1, 2046. +(2) For purposes of this subdivision, “designed state subaccount” means a separate account maintained within the fund to identify prefunding contributions and assets attributable to a specified state collective bargaining unit or other state entity for the purpose of providing benefits to state annuitants and dependents associated with a specified collective bargaining unit or other state entity. +(3) This subdivision shall not be construed as prohibiting an alternative funding strategy agreed to in a written memorandum of understanding. +SEC. 9. +This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately. +SECTION 1. +It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","(1) The Public Employees’ Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees’ Retirement System, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their families. PEMHCA defines “family member” for these purposes. PEMHCA authorizes the board to contract with carriers offering health benefit plans and prohibits employees, annuitants, and their family members who are eligible for Medicare, as specified, from enrolling in a basic health benefit plan. PEMHCA requires the board to make certain notifications and reports to the Legislature in connection with health benefit plans offered pursuant to its provisions. +This bill would clarify the definition of family for the purposes of PEMHCA by specifically excluding former spouses and former domestic partners. The bill would require the employing office, as specified, of a state employee or state annuitant, pursuant to standards established by the Department of Human Resources, to possess documentation verifying eligibility of an employee’s family member prior to the enrollment of a family member in a health benefit plan and to verify continued eligibility pursuant to a specified schedule. The bill would prohibit the board from granting further exceptions to the rule against enrolling in employees, annuitants, and their family members who are eligible for Medicare, as specified, in a basic health benefit plan. The bill would revise the entities to which the board is required to provide notification of approval of proposed benefit and premium readjustments to exclude the Legislature as a whole and to instead require provision of an initial estimate of proposed changes in writing to the Joint Legislative Budget Committee, the chairpersons of the committees and subcommittees in each house of the Legislature that consider the Public Employees’ Retirement System’s budget and activities, the State Controller, the Director of Finance, and the Legislative Analyst. The bill would specify the latest date that this notification may take place. The bill would require the board to provide a specified, detailed report to the Legislature and the Director of Finance annually, on November 1, regarding the health benefit plans it provides. +(2) PEMHCA establishes the Annuitants’ Health Care Coverage Fund, which is continuously appropriated for the purpose of prefunding of health care coverage for annuitants, including administrative costs. PEMHCA defines “prefunding” for these purposes. +This bill would prohibit the use of certain state funds in the Annuitants’ Health Care Coverage Fund for the payment of benefits until the earlier of 2 specified dates. The bill would revise the definition of prefunding to include employee as well as employer payments and to provide that payments may fund the actuarially determined normal costs of postemployment health care benefits. By providing a new funding source for a continuously appropriated fund, this bill would make an appropriation. +(3) Existing law prescribes the duties of the Controller, which generally regard supervision of the fiscal concerns of the state. Existing law requires the Controller to abolish a state position that is vacant for 6 consecutive monthly pay periods on the following July 1, and permits the Director of Finance to authorize reestablishment of a position abolished pursuant to this authority under certain conditions. Among other things, existing law requires the Controller to reestablish a position abolished pursuant to this authority if the director of the department in which that position existed prior to abolishment makes a certification by August 15, as specified. +This bill would repeal the provisions pertaining to vacant positions described above. +This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. +This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","An act relating to the Budget Act of 2015. +An act to amend Sections 22775, 22781, 22844, 22865, 22866, and 22940 of, to add Section 22843.1 to, and to repeal Section 12439 of, the Government Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget." +430,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 18546 of the Government Code is amended to read: +18546. +“Career executive” means an employee appointed from an employment list established for the express purpose of providing a list of persons who are eligible for career executive assignments, as specified in Article 5 (commencing with Section 18990) of Chapter 4 and Article 9 (commencing with Section 19889) of Chapter 2.5 of Part 2.6, in which examination, selection, classification, salary, tenure, and other conditions of employment may be varied from those prevailing under Chapter 3 (commencing with Section 18800) to Chapter 7 (commencing with Section 19570), inclusive, for other employees in the state civil service. +SEC. 2. +Section 18990 of the Government Code is amended to read: +18990. +(a) Notwithstanding any other provision of law or rule, persons employed by the Legislature for two or more consecutive years shall be given an opportunity, upon request, to obtain civil service appointment list eligibility by taking any promotional civil service examination or career executive assignment examinations for which they meet the minimum qualifications of the class for which they seek appointment. Persons receiving passing scores shall gain list eligibility or appointment. In evaluating minimum qualifications, a person’s legislative experience shall be considered state civil service experience in a comparable class that has the same or substantially similar duties and responsibilities as the person’s legislative position. +(b) Persons who meet the requirements of this section, but who resigned or were released from service with the Legislature, shall be eligible to take promotional civil service examinations and career executive assignment examinations in accordance with subdivision (a). +SEC. 3. +Section 18991 of the Government Code is amended to read: +18991. +Notwithstanding any other provision of law, persons retired from the United States military, honorably discharged from active military duty with a service-connected disability, or honorably discharged from active duty, shall be eligible to apply for promotional civil service examinations and career executive assignment examinations for which they meet the minimum qualifications of the class to which they seek appointment. Persons receiving passing scores shall gain list eligibility for appointment. In evaluating minimum qualifications, the person’s military experience shall be considered state civil service experience in a comparable class that has the same or substantially similar duties and responsibilities as the person’s position in the military. +SEC. 4. +Section 18992 of the Government Code is amended to read: +18992. +(a) Notwithstanding any other provision of law or rule, persons holding, for two or more consecutive years, nonelected exempt positions in the executive branch of government as defined in subdivisions (c), (e), (f), (g), (i), and (m) of Section 4 of Article VII of the Constitution and excluding those positions for which the salaries are set by statute, shall be given the opportunity, upon request, to obtain civil service appointment list eligibility by taking any promotional civil service examination or career executive assignment examination for which they meet the minimum qualifications of the class to which they seek appointment. Persons receiving passing scores shall gain list eligibility for appointment. In evaluating minimum qualifications, the person’s experience in the exempt position shall be considered state civil service experience in a comparable class that has the same or substantially similar duties and responsibilities as the person’s exempt position. +(b) Persons who meet the requirements of this section, but who resigned or were released from exempt employment of the executive branch of government, shall be eligible to take promotional civil service examinations and career executive assignment examinations in accordance with subdivision (a). +SEC. 5. +Section 18993 of the Government Code is amended to read: +18993. +(a) Notwithstanding any other provision of law, a legislative or nonelected exempt executive branch employee who is appointed to a career executive assignment pursuant to Section 18990 or 18992, shall be eligible to compete in his or her appointing power’s promotional examinations for which he or she meets the minimum qualifications of the class to which he or she seeks appointment. When such an employee’s career executive assignment is terminated by the appointing power, he or she shall have the right to request a deferred examination for any promotional eligible list that his or her appointing power has in existence at the time of the termination of the career executive assignment and for which he or she meets the minimum qualifications of the class to which he or she seeks appointment. +(b) A request for a deferred examination pursuant to subdivision (a) shall be made no later than 10 days after the effective date of the termination of the career executive assignment. The department shall administer the deferred examination within 30 days of the date of the request. +SEC. 6. +Section 19057 of the Government Code is repealed. +SEC. 7. +Section 19057.1 of the Government Code is amended to read: +19057.1. +Except for reemployment lists, State Restriction of Appointment lists, and Limited Examination and Appointment Program referral lists, there shall be certified to the appointing power the names and addresses of all those eligibles whose scores, at the time of certification, represent the three highest ranks on the employment list for the class, and who have indicated their willingness to accept appointment under the conditions of employment specified. +For purposes of ranking, scores of eligibles on employment lists covered by this section shall be rounded to the nearest whole percent. A rank shall consist of one or more eligibles with the same whole percentage score. +If the names on the list from which certification is being made represent fewer than three ranks, then, consistent with board rules, additional eligibles may be certified from the various lists next lower in order of preference until names from three ranks appear. If there are fewer than three names available for certification, and the appointing authority does not choose to appoint from among these, the appointing authority may demand certification of three names. In that case, examinations shall be conducted until at least three names may be certified by the procedure described in this section, and the appointing authority shall fill the position by appointment of one of the persons certified. +Fractional examination scores shall be provided to, and used by, the Department of the California Highway Patrol for its peace officer classes. +The department may, consistent with board rules, provide for certifying less than three ranks where the size of the certified group is disproportionate to the number of vacancies. +SEC. 8. +Section 19057.2 of the Government Code is repealed. +SEC. 9. +Section 19057.3 of the Government Code is amended to read: +19057.3. +(a) For a position in the Department of Corrections and Rehabilitation, there shall be certified to the appointing power the names and addresses of all those eligibles for peace officer and closely allied classes whose scores, at the time of certification, represent the three highest ranks on the employment list for the class in which the position belongs and who have indicated their willingness to accept appointment under the conditions of employment specified. +(b) For purposes of ranking, scores of eligibles on employment lists for the classes shall be rounded to the nearest whole percent. A rank consists of one or more eligibles with the same whole percentage score. +(c) If fewer than three ranks of persons willing to accept appointment are on the list from which certification is to be made, then additional eligibles shall be certified from the various lists next lower in order of preference until names from three ranks are certified. If there are fewer than three names on those lists, and the appointing power does not choose to appoint from among these, the appointing power may demand certification of three names and examinations shall be conducted until at least three names may be certified. The appointing power shall fill the position by the appointment of one of the persons certified. +(d) The department may, consistent with board rules, provide for certifying less than three ranks where the size of the certified group is disproportionate to the number of vacancies. +(e) The department may, consistent with board rules, allow for the names of eligibles to be transferred from lists for the same class or comparable classes where names from one list were certified under the rule of three ranks, and names from the other list were certified under the rule of three names. +SEC. 10. +Section 19057.4 of the Government Code is repealed. +SEC. 11. +Section 19889 of the Government Code is amended to read: +19889. +It is the purpose of this article to encourage the development and effective use of well-qualified and carefully selected executives. In order to carry out this purpose, the State Personnel Board shall establish by rule a merit system specifically suited to the selection and placement of executive personnel. The department shall be responsible for salary administration, position classification, and for the motivation and training of executive personnel. For the purpose of administering this system there is established herewith a category of civil service appointment called “career executive assignments.” The department shall designate positions of a high administrative and policy influencing character for inclusion in or removal from this category subject to review by the State Personnel Board, except that the department shall not so designate a position in which there is an incumbent already appointed under the provisions of this part governing employees other than career executives. +SEC. 12. +Section 19889.2 of the Government Code is amended to read: +19889.2. +The provisions of this part governing the examination, selection, classification, and tenure of employees in the regular civil service shall not apply to “career executive assignments” unless provided for by State Personnel Board rule. The provisions of this part relating to punitive actions shall apply to all employees serving in career executive assignments, except that termination of a career executive assignment as provided for in Section 19889.3 is not a punitive action. State Personnel Board rules shall, at a minimum, afford all employees whose career executive assignments are terminated by the appointing power a right of appeal to the State Personnel Board for restoration of his or her assignment when he or she alleges that the termination was for reasons prohibited in Chapter 10 (commencing with Section 19680) of Part 2. +SEC. 13. +Section 19889.3 of the Government Code is amended to read: +19889.3. +(a) Eligibility for appointment to positions in the career executive assignment category shall be established as a result of competitive examinations. All candidates shall meet such minimum qualifications as the State Personnel Board may determine are requisite to the performance of high administrative and policy influencing functions. +(b) No person employed in a career executive assignment shall be deemed to acquire as a result of such service any rights to or status in positions governed by the provisions of this part relating to the civil service other than the category of career executive assignment, except as provided by State Personnel Board rule. +SEC. 14. +Section 19889.4 is added to the Government Code, to read: +19889.4. +In accordance with State Personnel Board rules, the following shall apply when an appointing power terminates a career executive assignment: +(a) An employee who at the time of his or her appointment to a career executive assignment was employed by the state and had permanent civil service status shall, if he or she so desires, be reinstated to a civil service position that is (1) not a career executive assignment and (2) that is at least at the same salary level as the last position that he or she held as a permanent or probationary employee. If the employee had completed a minimum of five years of state service, he or she may return to a position that is (1) at substantially the same salary level as the last position in which he or she had permanent or probationary status or (2) at a salary level that is at least two steps lower than that of the career executive position from which the employee is being terminated. +(b) Article 5 (commencing with Section 19140) of Chapter 5 of Part 2 shall apply to an employee who at the time of his or her appointment to a career executive assignment was not employed by the state but who had previously worked for the state and gained permanent civil service status. +(c) (1) +Unless otherwise provided in Article 5 (commencing with Section 18990) of Chapter 4 of Part 2, an +An +employee who at the time of his or her appointment to a career executive assignment was from outside civil service shall +be eligible to compete in any promotional examination for which he or she meets the minimum qualifications as prescribed by the class specification. An employee receiving a passing score shall have his or her name placed on the promotional list resulting from the examination or otherwise gain eligibility for appointment. He or she shall +have the right to request a deferred examination for any +promotional +open +eligible list that +is +his or her appointing power or the department ha +s +in existence at the time +of the termination of +the career executive assignment +is terminated +and for which he or she meets the minimum qualifications +as prescribed by the class specification. For +of the class to which he or she seeks appointment. Whether the employee takes a deferred examination or other open civil service examination, for +purposes of evaluating +whether he or she meets the +minimum +qualifications, +qualifications of the class to which he or she seeks appointment, +related experience gained in a career executive assignment shall be considered as state civil service experience in a comparable class. +Employees may transfer list eligibility between appointing powers in the same manner as provided for civil service employees. +(2) A request for a deferred examination pursuant to paragraph (1) shall not be made later than 10 days after the effective date of the termination of the career executive assignment. The department or its designee shall administer the deferred examination within 30 days of the date of the request. +SEC. 15. +The sum of three hundred thousand dollars ($300,000) is hereby appropriated from the General Fund to the Department of Finance for the purpose of funding the posting on the department’s Internet Web site of all budget requests included as part of the Governor’s Budget. +SEC. 16. +This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","(1) The California Constitution provides that the civil service includes every officer and employee in the state except as otherwise provided in the Constitution, and existing statutory law, the State Civil Service Act, prescribes a comprehensive civil service personnel system for the state. The act grants eligibility for promotional civil service examinations and career executive assignment examinations to persons who meet certain requirements and minimum qualifications and who are employed by the Legislature, persons who are retired from the United States armed forces, honorably discharged from active military duty with a service-connected disability, or honorably discharged from active duty, or persons who were employees of the executive branch in exempt positions. +This bill would revise eligibility standards applicable to people who were employed by the Legislature, people who retired or were discharged from the armed forces, and people who were formerly employed in exempt, executive branch positions, as described above, to permit them, upon request, to obtain civil service appointment list eligibility by taking promotional exams or career executive exams for which they meet minimum qualifications, as specified. The bill would eliminate the requirement that an employee or veteran, in this context, select only one promotional examination in which to compete when multiple examinations are given. Among other things, the bill would also remove a time limit on this eligibility granted to specified former employees of the Legislature and employees of the executive branch in exempt positions. +(2) Existing law generally requires that appointments to vacant positions be made by lists. Existing law requires, with specified exceptions, that an appointing power receive the names and addresses of the three persons highest on a promotional employment list for the class in which a position belongs, and if there are fewer than three names, as specified, additional names are provided from the various lists next lower in order of preference. Existing law prescribes requirements for providing names to an appointing power for positions designated as management and specifies a method of ranking eligible candidates in this context. Existing law prescribes requirements for providing names to an appointing power for positions designated as supervisory and not professional, scientific, or administrative, and that are not examined for on an open basis, and specifies a method of ranking eligible candidates in this context. Existing law requires an appointing power to fill a position from the names of the persons provided. +This bill would repeal these provisions and make conforming changes. +(3) Existing law provides for career executive assignments to encourage the development for well-qualified executives and requires the State Personnel Board to establish, by a rule, a system of merit personnel administration specifically suited to the selection and placement of executive personnel. The State Civil Service Act defines career executive. Existing law requires the State Personnel Board, by rule, to provide that employees whose appointments to career executive assignments are terminated to be reinstated to civil service positions, as specified, at their option. +This bill would revise the definition of career executive to eliminate the requirement that the person have permanent status in the civil service. This bill would provide that various provisions relating to personnel examinations don’t apply to career executive assignments unless provided for by rule, as specified. The bill would grant reinstatement rights to employees who at the time of appointment to a career executive assignment were not employed by the state but who had previously worked for it and had gained permanent civil service status. The bill would grant an employee who at the time of his or her appointment to a career executive assignment +did not have +was from outside +civil service +status eligibility to compete in any promotional examination for which he or she meets the minimum qualifications as prescribed by the class specification, except as specified, and would provide these employees other rights in this context, including +the right to defer +examinations and to transfer list eligibility in the same manner as civil service employees. +examination for any open eligible list, as specified, in existence at the time of the termination of the career executive assignment for which he or she meets the minimum qualifications of the class to which appointment is sought. The bill would require, in this regard, that related experience gained in a career executive assignment be considered state civil service experience in a comparable class, as specified. +The bill would make an appropriation from the General Fund of $300,000 to the Department of Finance for the purpose of funding the posting on the department’s Internet Web site of all budget requests included as part of the Governor’s Budget. +This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to amend Sections 18546, 18990, 18991, 18992, 18993, 19057.1, 19057.3, 19889, 19889.2, and 19889.3 of, to add Section 19889.4 to, and to repeal Sections 19057, 19057.2, and 19057.4 of, the Government Code, relating to state civil service, and making an appropriation therefor, to take effect immediately, bill related to the budget." +431,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 89724 of the Education Code is amended to read: +89724. +(a) All money received in accordance with the following shall be appropriated for the support of the California State University in addition to other amounts as may be appropriated by the Legislature: +(1) All money received from the sale of California State University publications. +(2) All money received under an agreement entered into pursuant to Section 89036. +(3) Except as to the fees and charges specified in subdivisions (g) and (h) of Section 89721, all money collected as fees from students of the California State University and received from other persons under Sections 89030, 89036 to 89039, inclusive, 89700, 89705, 89708, 89709, 89720, and 89721, and money received pursuant to Section 2080.8 of the Civil Code. +(b) Money received under Sections 89720 and 89721, or received pursuant to Section 2080.8 of the Civil Code, is appropriated pursuant to subdivision (a) without regard to fiscal year. Money received pursuant to Section 2080.8 of the Civil Code shall be used for student scholarships and loans pursuant to any regulations the trustees shall +provide, and while held pending the grant of a scholarship or loan, may be invested by the Treasurer upon approval of the trustees, in those eligible securities listed in Section 16430 of the Government Code. All interest or other earnings received pursuant to that investment shall also be used for those scholarships and loans. +provide. +Money received pursuant to Sections 89720 and 89721 may be invested, upon approval of the trustees, by the Treasurer or by the chief fiscal officer of a campus of the California State University, in those eligible securities listed in Section 16430 of the Government Code. Money received +under Sections 89720 and 89721, and received +pursuant to Section 2080.8 of the Civil Code, may +also +be invested, upon approval of the trustees and in accordance with Section 89726, by the chief fiscal officer of a campus of the California State University, in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. All interest and other earnings received pursuant to the investment of money received pursuant to Sections 89720 and 89721 shall also be used for such purposes as may be established by the trustees consistent with the terms and conditions of the gift, bequest, devise, donation, or agreement under Sections 89720 and 89721. Except as otherwise provided with respect to money received pursuant to Section 2080.8 of the Civil Code and Sections 89720 and 89721, all money received pursuant to this section shall augment the support appropriation to the California State University for the fiscal year to which the collections apply. +(c) All money received from the sale or the disposition of real property acquired by or on behalf of a campus of the California State University by gift, devise, or donation pursuant to Section 89720 or pursuant to the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for the acquisition and improvement of real property for the campus, in addition to any other amounts appropriated by the Legislature. All money received from the sale or other disposition of personal property, other than money, acquired by or on behalf of a campus of the California State University by gift, bequest, or donation pursuant to Section 89720 or the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for, or the acquisition and improvement of real or personal property for, the campus, in addition to other amounts appropriated by the Legislature. No money shall be expended by the trustees under this subdivision without the approval of the Director of Finance. The money shall augment the support or capital outlay appropriation of the California State University current at the date of issuance of the Controller’s receipt as may be designated by the trustees prior to +their deposit +the deposit of that money +in the State Treasury. +SEC. 2. +Section 89725 of the Education Code is amended to read: +89725. +(a) Notwithstanding any law to the contrary, grants, revenues, and funds of any nature received by the trustees for research, workshops, conferences, institutes, and special projects from the state, federal government, local government, or private persons, may be transmitted to the Treasurer and, if transmitted, shall be deposited in the California State University Special Projects Fund, which is hereby established in the State Treasury. +(b) All grants, revenues, and funds deposited in the California State University Special Projects Fund are appropriated without regard to fiscal year to the trustees for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University. +(c) Provision shall be made by the trustees for reimbursements to the General Fund for the cost of space and services furnished to projects funded by the California State University Special Projects Fund. +(d) Notwithstanding any law to the contrary, the trustees shall have authority to establish the rules and procedures under which the fund shall operate. All expenditures shall be made in accordance with the rules and procedures, without prior approval of the Department of General Services or the Department of Finance. Expenditures from the fund shall be audited as frequently as the Audits Division of the Department of Finance deems appropriate. +(e) +(1)Except as provided in paragraph (2), moneys +Moneys +in the California State University Special Projects Fund may be invested by the Treasurer or by the chief fiscal officer of a campus of the California State University, upon approval of the trustees, +only +in eligible securities listed in Section 16430 of the Government +Code. +(2)Money received pursuant to Section 2080.8 of the Civil Code, may be invested, upon approval of the trustees and +Code, or, +in accordance with Section 89726, +by the Treasurer or by the chief fiscal officer of a campus of the California State University, +in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange +Commission, +Commission +or in real estate investment trusts. All interest or other earnings received pursuant to those investments shall be collected by the Treasurer and shall be deposited in the fund. +SEC. 3. +Section 89726 is added to the Education Code, to read: +89726. +(a) (1) The trustees may invest in securities or investments not listed in Section 16430 of the Government Code only if the trustees have established a committee to provide advice and expertise on investments. +(2) A majority of the members of the committee shall be individuals who have investment expertise and who are not +trustees. +employees of the California State University. +(3) The trustees shall allow the Treasurer to serve as a member of the committee or to appoint a deputy treasurer to serve as a member of the committee. +(b) The total amount invested in securities or investments not listed in Section 16430 of the Government Code shall not exceed the following amounts: +(1) In the fiscal year ending June 30, 2017, two hundred million dollars ($200,000,000). +(2) In the fiscal year ending June 30, 2018, four hundred million dollars ($400,000,000). +(3) In the fiscal year ending June 30, 2019, six hundred million dollars ($600,000,000). +(4) In the fiscal year ending June 30, 2020, and each fiscal year thereafter, thirty percent of all moneys invested pursuant to Sections 89724 and 89725. +(c) (1) The trustees shall receive an investment performance report quarterly and distribute an annual report to the Legislature, in compliance with Section 9795 of the Government Code, and the Department of Finance. +(2) The investment performance reports shall include investment returns, comparisons to benchmarks, holdings, market values, and fees. +(d) Any additional moneys earned through investments in securities or investments not listed in Section 16430 of the Government Code shall be used only for capital outlay or maintenance. +(e) The trustees shall not submit a request to the Department of Finance or the Legislature for any funds to compensate for investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code. +(f) The trustees shall not cite investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code to justify approval of an increase in student tuition or fees.","Existing law authorizes the Treasurer or chief fiscal officer of a campus of the California State University to invest certain money received by the California State University in eligible securities and in investment certificates or withdrawal shares in federal or state credit unions doing business in this state as long as any money invested in this manner is fully insured by the National Credit Union Administration. +This bill would authorize the Treasurer or chief fiscal officer of a campus of the California State University to invest +certain of those moneys +that money +in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. The bill would impose specified requirements on the Trustees of the California State University relating to those types of investments. +Existing law establishes the California State University Special Projects Fund, which consists of grants, revenues, and funds for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University. Existing law authorizes the Treasurer to invest money from the fund in eligible securities. +This bill would authorize the Treasurer or chief fiscal officer of a campus of the California State University to invest the money in the California State University Special Projects Fund in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. +This bill would limit the total amount invested in these mutual funds and real estate investment trusts to specified amounts for each fiscal year, until, commencing with the 2019–20 fiscal year, up to 30% of that money could be invested in these asset categories.","An act to amend Sections 89724 and 89725 of, and to add Section 89726 to, the Education Code, relating to the California State University." +432,"The people of the State of California do enact as follows: + + +SECTION 1. +Item 2660-013-0001 is added to Section 2.00 of the Budget Act of 2015, to read: +2660-013-0001—For transfer by the Controller from the General Fund, to the Traffic Congestion Relief Fund, upon order of the Director of Finance ........................ +(173,000,000) +Provisions: +1. +Notwithstanding existing law, these funds shall be transferred and allocated by the Director of Finance no later than January 1, 2017, and will affect the General Fund reserve in the fiscal year the transfer is made. Funds shall be allocated as follows: +(a) +$148,000,000 for specified local Traffic Congestion Relief Program projects. +(b) +$11,000,000 for trade corridor improvements. +(c) +$9,000,000 for the Transit and Intercity Rail Capital Program. +(d) +$5,000,000 for the State Highway Operations and Protection Program. +2. +Notwithstanding any other law, this amount shall be repaid from the General Fund pursuant to subdivision (c) of Section 20 of Article XVI of the California Constitution and applied to debt payments as required for the 2016–17 fiscal year. +SEC. 2. +Item 3970-001-0001 is added to Section 2.00 of the Budget Act of 2015, to read: +3970-001-0001—For support of Department of Resources Recycling and Recovery ........................ +105,000,000 +Schedule: +(1) +3700-Waste Reduction and Management ........................ +105,000,000 +Provisions: +1. +The funds appropriated in Schedule (1) shall be made available for fire recovery and debris removal and management costs to mitigate the threat to lives, public health, safety, and the environment. +2. +Notwithstanding any other law, upon request of the Director of the Department of Resources Recycling and Recovery, the Director of Finance may augment the amount available for expenditure in this item to pay for fire debris removal and management costs to mitigate the threat to lives, public health, safety, and the environment. The augmentation may be made no sooner than 10 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee. The amount of funds augmented pursuant to the authority of this provision shall be consistent with the amount approved by the Director of Finance based on review of the estimated costs. +SEC. 3. +Item 6440-001-0001 of Section 2.00 of the Budget Act of 2015 is amended to read: +6440-001-0001—For support of University of California ........................ +3,057,993,000 +Schedule: +(1) +5440-Support ........................ +3,057,993,000 +Provisions: +1. +This appropriation is exempt from Sections 6.00 and 31.00. +2. +(a) +The Legislature finds and declares all of the following: +(1) +The Regents of the University of California endorsed, on May 21, 2015, the framework for long-term funding agreed upon by the Governor and the President of the University, pursuant to which tuition will not increase in the 2015–16 and 2016–17 academic years and the university will implement reforms to reduce the cost structure of the university and improve access, quality, and outcomes. +(2) +The reforms included in the framework endorsed by the Regents will create capacity for all campuses of the university to serve more resident students, including by easing transfer from the community colleges, reducing the amount of time it takes students to complete programs, and using technology and data to improve allocation of available resources. +(3) +In addition to the funds included in this appropriation and those described in the framework, other funds, including existing resources that can be redirected to higher priorities, such as those currently being used to provide financial aid to nonresident students, are also available to enable more resident students to enter the university at all of its campuses. +(4) +Furthermore, it is the intent of the Legislature that those funds generated by an increase in the number of nonresident students enrolled in the 2015–16 academic year, compared to the number of nonresident students enrolled in the 2014–15 academic year, and increases in nonresident supplemental tuition, as approved by the Regents on May 21, 2015, be used specifically to support an increase in the number of resident students enrolled. +(b) +To address immediate needs, the university is expected to enroll, no later than the 2016–17 academic year, at least 5,000 more resident undergraduate students than the number enrolled in the 2014–15 academic year. +(c) +If the Regents provide sufficient evidence to the Director of Finance on or before May 1, 2016, to demonstrate that the university will satisfy the expectation enumerated in subdivision (b), the Director of Finance shall increase this appropriation by $25,000,000 and notify the Joint Legislative Budget Committee. +2.1. +No later than April 1, 2016, the Regents of the University of California shall report to the Director of Finance and, in conformity with Section 9795 of the Government Code, to the Legislature on its use of these funds for targeted support services to increase systemwide and campus four-year and six-year graduation rates and two-year and three-year transfer graduation rates of low-income and underrepresented student populations. +2.2. +The Regents of the University of California shall improve transparency regarding the university’s budget. The Regents shall ensure that information is posted on the website of the Office of the President that details subcategories of personnel within the Managers and Senior Professional personnel category and disaggregates all personnel categories by fund source. +2.3. +No later than December 10, 2015, the Regents of the University of California shall report to the Director of Finance and, in conformity with Section 9795 of the Government Code, to the Legislature, all of the following: +(a) +All university fund sources legally allowable to support costs for undergraduate, graduate academic, and graduate professional education. +(b) +The factors the university considers to determine which funds to use for educational activities and how much of those funds to use. +(c) +The sources of the funds included in the calculation of expenditures reported pursuant to Section 92670 of the Education Code. +2.4. +(a) +The Regents of the University of California shall implement further measures to reduce the university’s cost structure. +(b) +The Legislature finds and declares that many state employees hold positions with comparable scope of responsibilities, complexity, breadth of job functions, experience requirements, and other relevant factors to those employees designated to be in the Senior Management Group pursuant to existing Regents policy. +(c) +(1) +Therefore, at a minimum, the Regents shall, when considering compensation for any employee designated to be in the Senior Management Group, use a market reference zone that includes state employees. +(2) +At a minimum, the Regents shall identify all comparable positions from the lists included in subdivision (l) of Section 8 of Article III of the California Constitution and Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code. +3. +(a) +The Regents of the University of California shall approve a plan that includes at least all of the following: +(1) +Projections of available resources in the 2016–17, 2017–18, and 2018–19 fiscal years. In projecting General Fund appropriations and student tuition and fee revenues, the university shall use any assumptions provided by the Department of Finance. The Department of Finance shall provide any assumptions no later than August 1, 2015. +(2) +Projections of expenditures in the 2016–17, 2017–18, and 2018–19 fiscal years and descriptions of any changes to current operations necessary to ensure that expenditures in each of those years are not greater than the available resources projected for each of those years pursuant to paragraph (1). +(3) +Projections of resident and nonresident enrollment in the 2016–17, 2017–18, and 2018–19 academic years, assuming implementation of any changes described in paragraph (2). +(4) +The university’s goals for each of the measures listed in subdivision (b) of Section 92675 of the Education Code for the 2016–17, 2017–18, and 2018–19 academic years, assuming implementation of any changes described in paragraph (2). It is the intent of the Legislature that these goals be challenging and quantifiable, address achievement gaps for underrepresented populations, and align the educational attainment of California’s adult population to the workforce and economic needs of the state, pursuant to the legislative intent expressed in Section 66010.93 of the Education Code. +(b) +The plan approved pursuant to subdivision (a) shall be submitted no later than November 30, 2015, to the Director of Finance, the chairpersons of the committees in each house of the Legislature that consider the State Budget, the chairpersons of the budget subcommittees in each house of the Legislature that consider appropriations for the University of California, the chairpersons of the committees in each house of the Legislature that consider appropriations, and the chairpersons of the policy committees in each house of the Legislature with jurisdiction over bills relating to the university. +4. +(a) +The University of California shall allocate from this appropriation the amount necessary to pay in full the fees anticipated to become due and payable during the fiscal year associated with lease-revenue bonds issued by the State Public Works Board on its behalf and the amount of general obligation bond debt service attributable to the university. +(b) +The Controller shall transfer funds from this appropriation upon receipt of the following reports: +(1) +The State Public Works Board shall report to the Controller the fees anticipated to become due and payable in the fiscal year associated with any lease-revenue bonds that were issued on behalf of the university. +(2) +The Department of Finance shall report to the Controller the amount of general obligation bond debt service anticipated to become due and payable in the fiscal year attributable to the university. +(3) +The State Public Works Board or the Department of Finance shall submit a revised report if either entity determines that an amount previously reported to the Controller is inaccurate. If necessary pursuant to any revised reports, the Controller shall return funds to this appropriation. +4.5. +Of the funds appropriated in this item: +(a) +$6,000,000 shall be allocated to the centers for labor research and education at the Berkeley and Los Angeles campuses. +(b) +$1,000,000 shall be allocated to the Wildlife Health Center at the Davis campus and used for grants to local marine mammal stranding networks. These funds are provided on a one-time basis. +(c) +$770,000 shall be allocated for the Statewide Database. +(d) +$1,855,000 shall be allocated for the San Joaquin Valley Medical Program. The program shall enroll 48 students. These funds shall be available for expenditure through June 30, 2017. +4.6. +The University of California shall continue planning for a School of Medicine at the Merced campus in accordance with the action approved by the Regents of the University of California on May 14, 2008, and shall allocate up to $1,000,000 from this appropriation or other funds available to the university for this purpose. +4.7. +This item includes funds for the California DREAM Loan Program. +5. +Payments made by the state to the University of California for each month from July through April shall not exceed one-twelfth of the amount appropriated in this item, less the amount that is specified in Provision 2 and the amount that is allocated pursuant to subdivision (a) of Provision 4. Transfers of funds pursuant to subdivision (b) of Provision 4 shall not be considered payments made by the state to the university. +6. +The funds appropriated in this item shall not be available to support auxiliary enterprises or intercollegiate athletic programs. +SEC. 4. +Item 9651-001-0001 is added to Section 2.00 of the Budget Act of 2015, to read: +9651-001-0001—For support of Prefunding of Health and Dental Benefits for Annuitants ........................ +240,000,000 +Schedule: +(1) +7755–Prefunding Health and Dental Benefits ........................ +240,000,000 +Provisions: +1. +The amount appropriated in this item is to supplement, and not supplant, funding that would otherwise be made available to pay for the employer share of prefunding health and dental benefits identified in memoranda of understanding, or for employees excluded from collective bargaining, in accordance with salary and benefit schedules established by the Department of Human Resources. +2. +No later than November 1, 2016, the Director of Finance shall certify the memoranda of understanding that include employer and employee contributions for prefunding health and dental benefits, and have been approved by the Legislature and the bargaining unit membership. Upon certification, the Director of Finance shall determine the proportionate share of this appropriation based on the actuarially determined liabilities of other postemployment benefits for each bargaining unit included in the certification, and notify the Controller’s office, which shall provide the amount specified by the Director of Finance to the designated state subaccount of the Annuitants’ Health Care Coverage Fund, as defined in Section 22940 of the Government Code. +3. +This appropriation is available for expenditure or encumbrance until June 30, 2017. +SEC. 5. +Section 39.00 of the Budget Act of 2015 is amended to read: +Sec. 39.00. +The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 94, AB 95, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB 125, AB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB 134, AB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 93, SB 94, SB 95, SB 96, SB 98, SB 99, SB 100, SB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2015 took effect. +SEC. 6. +This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately.","The Budget Act of 2015 appropriated specified amounts for the support of state government for the 2015–16 fiscal year. +This bill would amend the Budget Act of 2015 by adding and amending items of appropriation. +This bill would declare that it is to take effect immediately as a Budget Bill.","An act to amend the Budget Act of 2015 (Chapters 10 and 11 of the Statutes of 2015), by amending Item 6440-001-0001 of, and adding Items 2660-013-0001, 3970-001-0001, and 9651-001-0001 to, Section 2.00 of, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill." +433,"The people of the State of California do enact as follows: + + +SECTION 1. +Item 0650-001-3228 of Section 2.00 of the Budget Act of 2015 is amended to read: +0650-001-3228—For support of Office of Planning and Research, payable from the Greenhouse Gas Reduction Fund ........................ + + +1,199,000 + +1,817,000 +Schedule: +(1) +0370-Strategic Growth Council ........................ + + +1,199,000 + +1,817,000 +Provisions: +1. +Funds appropriated in this item shall count toward the share of annual proceeds continuously appropriated to the Strategic Growth Council as specified in subparagraph (C) of paragraph (1) of subdivision (b) of Section 39719 of the Health and Safety Code. +2. +Of the amount appropriated in this item, $500,000 shall be available to provide technical assistance to disadvantaged communities. The Strategic Growth Council shall report on the use of these funds at legislative budget hearings. +SEC. 2. +Item 2665-001-3228 is added to Section 2.00 of the Budget Act of 2015, to read: +2665-001-3228—For support of High-Speed Rail Authority, payable from the Greenhouse Gas Reduction Fund ........................ +103,000 +Schedule: +(1) +1970-Administration ........................ +103,000 +Provisions: +1. +Funds appropriated in this item shall count towards the share of annual proceeds continuously appropriated to the High Speed Rail Authority as specified in paragraph (2) of subdivision (b) of Section 39719 of the Health and Safety Code. +SEC. 3. +Item 3860-001-3228 is added to Section 2.00 of the Budget Act of 2015, to read: +3860-001-3228—For support of Department of Water Resources, payable from the Green House Gas Reduction Fund ........................ +1,000,000 +Schedule: +(1) +3230-Continuing Formulation of the California Water Plan ........................ +1,000,000 +Provisions: +1. +The amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2017, and available for liquidation until June 30, 2019. +2. +The funds appropriated in this item shall be available to administer a grant program for local agencies, joint powers authorities, or nonprofit organizations to implement residential, commercial, or institutional water efficiency programs or projects that reduce greenhouse gas emissions, and also reduce water and energy use. +SEC. 4. +Item 3860-101-3228 is added to Section 2.00 of the Budget Act of 2015, to read: +3860-101-3228—For local assistance, Department of Water Resources, payable from the Greenhouse Gas Reduction Fund ........................ +19,000,000 +Schedule: +(1) +3230-Continuing Formulation of the California Water Plan ........................ +19,000,000 +Provisions: +1. +The amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2017, and available for liquidation until June 30, 2019. +2. +The funds appropriated in this item shall be available for assistance to local agencies, joint powers authorities, or nonprofit organizations to implement residential, commercial, or institutional water efficiency programs or projects that reduce greenhouse gas emissions, and also reduce water and energy use. +SEC. 5. +Item 3900-001-3228 of Section 2.00 of the Budget Act of 2015 is amended to read: +3900-001-3228—For support of State Air Resources Board, payable from the Greenhouse Gas Reduction Fund ........................ + + +16,486,000 + +18,686,000 +Schedule: +(1) +3510-Climate Change ........................ + + +16,486,000 + +18,686,000 +Provisions: +1. +Notwithstanding any other provision of law, of the funds appropriated in this item, up to $1,000,000 is available to fund the Greenhouse Gas Reduction Fund expenditure project tracking system upon project approval by the Department of Technology, and shall be available for expenditure until June 30, 2017. +SEC. 6. +Item 3900-101-3228 is added to Section 2.00 of the Budget Act of 2015, to read: +3900-101-3228—For local assistance, State Air Resources Board, payable from the Greenhouse Gas Reduction Fund ........................ +90,000,000 +Schedule: +(1) +3510-Climate Change ........................ +90,000,000 +Provisions: +1. +Notwithstanding Section 16304.1 of the Government Code, the funds appropriated in this item shall be available for encumbrance until June 30, 2018, and be available for liquidation of encumbrances until June 30, 2021. +SEC. 7. +Item 4700-001-3228 of Section 2.00 of the Budget Act of 2015 is amended to read: +4700-001-3228—For support of Department of Community Services and Development, payable from the Greenhouse Gas Reduction Fund ........................ + + +4,700,000 + +8,773,000 +Schedule: +(1) +4180-Energy Programs ........................ + + +4,700,000 + +8,773,000 +Provisions: +1. +Notwithstanding any other provision of law, the department may transfer funds from this item to Item 4700-101-3228, upon the Department of Finance’s approval. +2. +Notwithstanding any other provision of law, any unexpended funds of this appropriation as of June 30, 2016, shall be available for encumbrances in the subsequent fiscal year and for liquidation through June 30, 2018. +SEC. 8. +Item 4700-101-3228 is added to Section 2.00 of the Budget Act of 2015, to read: +4700-101-3228—For local assistance, Department of Community Services and Development, for Weatherization and Renewable Energy Projects, payable from the Greenhouse Gas Reduction Fund ........................ +70,000,000 +Schedule: +(1) +4180-Energy Programs ........................ +70,000,000 +Provisions: +1. +Notwithstanding any other provision of law, the department may transfer funds from this item to Item 4700-001-3228, upon the Department of Finance’s approval. +2. +Notwithstanding any other provision of law, any unexpended funds of this appropriation as of June 30, 2016, shall be available for encumbrances in the subsequent fiscal year; and, available for liquidation through June 30, 2018. +SEC. 9. +Item 8570-001-3228 is added to Section 2.00 of the Budget Act of 2015, to read: +8570-001-3228—For support of Department of Food and Agriculture, payable from the Greenhouse Gas Reduction Fund ........................ +40,000,000 +Schedule: +(1) +6590-General Agricultural Activities ........................ +40,000,000 +(3) +9900100-Administration ........................ +781,000 +(4) +9900200-Administration—Distributed ........................ +−781,000 +Provisions: +1. +Of the funds appropriated in this item, $40,000,000 shall be available for expenditure or encumbrance until June 30, 2017, to support greenhouse gas emission reductions through water and energy efficiency grants promoting water and energy savings. +SEC. 10. +Section 39.00 of the Budget Act of 2015 is amended to read: +SEC. 39.00. +The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 94, AB 95, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB 125, +AB 126, +AB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB 133, +AB 134, +AB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 93, SB 94, SB 95, SB 96, +SB 97, +SB 98, SB 99, SB 100, +SB 101, +SB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2015 took effect. +SEC. 11. +This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately. +SECTION 1. +It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","The Budget Act of 2015 made appropriations for the support of state government for the 2015–16 fiscal year. +This bill would amend the Budget Act of 2015 by revising items of appropriation and making other changes. +This bill would declare that it is to take effect immediately as a Budget Bill. +This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","An act +relating to the Budget Act of 2015. +to amend the Budget Act of 2015 by amending Items 0650-001-3228, +3900-001-3228, +and 4700-001-3228 of, and adding Items +2665-001-3228, +3860-001-3228, 3860-101-3228, 3900-101-3228, +4700-101-3228, +and 8570-001-3228 to, Section 2.00 of, and amending Section 39.00 of, that act, relating to the State Budget, and making an appropriation therefor, to take effect immediately, budget bill." +434,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Educators and policymakers have long acknowledged that the skills and competencies needed to be an effective teacher are supported through early and structured mentoring and assessment. +(b) Induction programs help beginning teachers transition into the profession by providing standards-based, individualized assistance that combines the application of theory with intensive mentor-based support and formative assessment. +(c) In 1998, California created its two-tiered teaching credential system and established the completion of a statewide, standards-based induction program, Beginning Teacher Support and Assessment (BTSA), as a path toward a clear credential. +(d) Until 2009, the state provided $4,000 per participating teacher to BTSA providers as part of the Teacher Credentialing Block Grant. +(e) In order to receive state funding, a local educational agency (LEA) was required to make a local in-kind contribution of $2,000 per participating teacher. +(f) The combined level of dedicated funding was sufficient for running the program and allowed LEAs to provide induction at no charge to beginning teachers. +(g) In 2009, due to the Great Recession, the state gave increased flexibility to LEAs by allowing Teacher Credentialing Block Grant funds to be used for any educational purpose. +(h) In 2013, the state eliminated the majority of K–12 categorical programs, including the Teacher Credentialing Block Grant, with the establishment of the local control funding formula (LCFF). +(i) Although former Teacher Credentialing Block Grant funds are included in LEAs’ base LCFF funding, some induction providers have shifted the costs of induction onto teacher participants, while others have closed their programs altogether. +(j) According to data collected by the Commission on Teacher Credentialing, nearly 12 percent of providers are charging teachers an average of $2,000 per year for induction. +(k) The large fees place heavy financial burdens on teachers just starting their careers and put the entire responsibility of identifying, accessing, and completing a quality induction program solely on new teachers. +(l) A new teacher’s inability to access an induction program compromises that teacher’s professional growth and greatly reduces the chance that the teacher will stay in the profession. +(m) This is particularly troubling because enrollment in teacher preparation programs, and the number of new teaching credentials being issued, have reduced considerably in recent years. +(n) In 2013, according to the Commission on Teacher Credentialing, there were fewer than 20,000 students enrolled in teacher preparation programs in the state, less than half of the number that were enrolled in 2008. +(o) The shortage is expected to worsen within the next 20 years with projected increases in student enrollment and teacher retirements. +(p) Access to high quality induction programs is critical to addressing the teacher shortage because induction is an important tool for recruiting and retaining teachers. +(q) Teacher retention data collected by the Commission on Teacher Credentialing in 2008 demonstrates the effectiveness of induction, showing that 87 percent of teachers who participated in a BTSA program were still teaching five years later. +(r) The Governor and Legislature recognized induction’s importance by including $490 million in the 2015–16 Budget Act for activities that promote educator quality and effectiveness, including support and mentoring for both beginning teachers and administrators. +(s) The 2015–16 Budget Act also directs the Commission on Teacher Credentialing, by September 1, 2015, to work with stakeholders to evaluate any burdens of existing induction requirements and identify funding recommendations, including state, LEA, and teacher candidate responsibilities. +(t) The allocation and forthcoming report by the Commission on Teacher Credentialing provide a great opportunity to protect and support new teachers by strengthening access and the quality of induction programs. +SEC. 2. +Section 44259 of the Education Code is amended to read: +44259. +(a) Except as provided in subparagraphs (A) and (C) of paragraph (3) of subdivision (b), each program of professional preparation for multiple or single subject teaching credentials shall not include more than two years of full-time study of professional preparation. +(b) The minimum requirements for the preliminary multiple or single subject teaching credential are all of the following: +(1) A baccalaureate degree or higher degree from a regionally accredited institution of postsecondary education. Except as provided in subdivision (c) of Section 44227, the baccalaureate degree shall not be in professional education. The commission shall encourage accredited institutions to offer undergraduate minors in education and special education to students who intend to become teachers. +(2) Passage of the state basic skills proficiency test that is developed and administered by the commission pursuant to Section 44252.5. +(3) Satisfactory completion of a program of professional preparation that has been accredited by the Committee on Accreditation on the basis of standards of program quality and effectiveness that have been adopted by the commission. In accordance with the commission’s assessment and performance standards, each program shall include a teaching performance assessment as set forth in Section 44320.2 that is aligned with the California Standards for the Teaching Profession. The commission shall ensure that each candidate recommended for a credential or certificate has demonstrated satisfactory ability to assist pupils to meet or exceed academic content and performance standards for pupils adopted by the state board pursuant to Section 60605. Programs that meet this requirement for professional preparation shall include any of the following: +(A) Integrated programs of subject matter preparation and professional preparation pursuant to subdivision (a) of Section 44259.1. +(B) Postbaccalaureate programs of professional preparation, pursuant to subdivision (d) of Section 44259.1. +(C) Internship programs of professional preparation, pursuant to Section 44321, Article 7.5 (commencing with Section 44325), Article 11 (commencing with Section 44380), and Article 3 (commencing with Section 44450) of Chapter 3. +(4) Study of alternative methods of developing English language skills, including the study of reading as described in subparagraphs (A) and (B), among all pupils, including those for whom English is a second language, in accordance with the commission’s standards of program quality and effectiveness. The study of reading shall meet the following requirements: +(A) Commencing January 1, 1997, satisfactory completion of comprehensive reading instruction that is research based and includes all of the following: +(i) The study of organized, systematic, explicit skills, including phonemic awareness, direct, systematic, explicit phonics, and decoding skills. +(ii) A strong literature, language, and comprehension component with a balance of oral and written language. +(iii) Ongoing diagnostic techniques that inform teaching and assessment. +(iv) Early intervention techniques. +(v) Guided practice in a clinical setting. +(B) For purposes of this section, “direct, systematic, explicit phonics” means phonemic awareness, spelling patterns, the direct instruction of sound/symbol codes and practice in connected text, and the relationship of direct, systematic, explicit phonics to the components set forth in clauses (i) to (v), inclusive, of subparagraph (A). +A program for the multiple subjects credential also shall include the study of integrated methods of teaching language arts. +(5) Completion of a subject matter program that has been approved by the commission on the basis of standards of program quality and effectiveness pursuant to Article 6 (commencing with Section 44310) or passage of a subject matter examination pursuant to Article 5 (commencing with Section 44280). The commission shall ensure that subject matter standards and examinations are aligned with the academic content and performance standards for pupils adopted by the state board pursuant to Section 60605. +(6) Demonstration of a knowledge of the principles and provisions of the Constitution of the United States pursuant to Section 44335. +(7) Commencing January 1, 2000, demonstration, in accordance with the commission’s standards of program quality and effectiveness, of basic competency in the use of computers in the classroom as determined by one of the following: +(A) Successful completion of a commission-approved program or course. +(B) Successful passage of an assessment that is developed, approved, and administered by the commission. +(c) The minimum requirements for the clear multiple or single subject teaching credential shall include all of the following requirements: +(1) Possession of a valid preliminary teaching credential, as prescribed in subdivision (b), possession of a valid equivalent credential or certificate, or completion of equivalent requirements as determined by the commission. +(2) Except as provided in paragraph (3), completion of a program of beginning teacher induction, including one of the following: +(A) (i) A program of beginning teacher induction approved by the commission and the Superintendent. +(ii) (I) Commencing with hiring for the 2016–17 school year, and each school year thereafter, a school district, county office of education, or charter school shall not charge a fee to a beginning teacher to participate in a beginning teacher induction program. +(II) For purposes of subclause (I), a beginning teacher includes a teacher with a preliminary multiple or single subject teaching credential, or a preliminary education specialist credential. +(B) (i) An alternative program of beginning teacher induction that is provided by one or more local educational agencies and has been approved by the commission and the Superintendent on the basis of initial review and periodic evaluations of the program in relation to appropriate standards of credential program quality and effectiveness that have been adopted by the commission, the Superintendent, and the state board pursuant to this subdivision. The standards for alternative programs shall encourage innovation and experimentation in the continuous preparation and induction of beginning teachers. An alternative program of beginning teacher induction that has met state standards pursuant to this subdivision may apply for state funding pursuant to Sections 44279.1 and 44279.2. +(ii) A local educational agency shall not charge a fee to a beginning teacher to participate in an alternative program of beginning teacher induction that is provided pursuant to this subparagraph. +(C) (i) An alternative program of beginning teacher induction that is sponsored by a regionally accredited college or university, in cooperation with one or more local school districts, that addresses the individual professional needs of beginning teachers and meets the commission’s standards of induction. The commission shall ensure that preparation and induction programs that qualify candidates for professional credentials extend and refine each beginning teacher’s professional skills in relation to the California Standards for the Teaching Profession and the academic content and performance standards for pupils adopted by the state board pursuant to Section 60605. +(ii) A school district shall not charge a beginning teacher a fee to participate in an alternative program of beginning teacher induction that is provided pursuant to this subparagraph. +(3) (A) If a candidate satisfies the requirements of subdivision (b), including completion of an accredited internship program of professional preparation, and if that internship program fulfills induction standards and is approved as set forth in this subdivision, the commission shall determine that the candidate has fulfilled the requirements of paragraph (2). +(B) If an approved induction program is verified as unavailable to a beginning teacher, or if the beginning teacher is required under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) to complete subject matter coursework to be qualified for a teaching assignment, the commission shall accept completion of an approved clear credential program after completion of a baccalaureate degree at a regionally accredited institution as fulfilling the requirements of paragraph (2). The commission shall adopt regulations to implement this subparagraph. +(4) Experience that includes the application of knowledge and skills previously acquired in a preliminary credential program, in accordance with commission standards, that addresses the following: +(A) Health education, including study of nutrition, cardiopulmonary resuscitation, and the physiological and sociological effects of abuse of alcohol, narcotics, and drugs and the use of tobacco. Training in cardiopulmonary resuscitation shall also meet the standards established by the American Heart Association or the American Red Cross. +(B) Field experience in methods of delivering appropriate educational services to pupils with exceptional needs in regular educational programs. +(C) Advanced computer-based technology, including the uses of technology in educational settings. +(d) The commission shall develop and implement standards of program quality and effectiveness that provide for the areas of application listed in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (c), starting in professional preparation and continuing through induction. +(e) A credential that was issued before January 1, 1993, shall remain in force as long as it is valid under the laws and regulations that were in effect on the date it was issued. The commission shall not, by regulation, invalidate an otherwise valid credential, unless it issues to the holder of the credential, in substitution, a new credential authorized by another provision in this chapter that is no more restrictive than the credential for which it was substituted with respect to the kind of service authorized and the grades, classes, or types of schools in which it authorizes service. +(f) A credential program that is approved by the commission shall not deny an individual access to that program solely on the grounds that the individual obtained a teaching credential through completion of an internship program when that internship program has been accredited by the commission. +(g) Notwithstanding this section, persons who were performing teaching services as of January 1, 1999, pursuant to the language of this section that was in effect before that date, may continue to perform those services without complying with any requirements that may be added by the amendments adding this subdivision. +(h) Subparagraphs (A) and (B) of paragraph (4) of subdivision (b) do not apply to any person who, as of January 1, 1997, holds a multiple or single subject teaching credential, or to any person enrolled in a program of professional preparation for a multiple or single subject teaching credential as of January 1, 1997, who subsequently completes that program. It is the intent of the Legislature that the requirements of subparagraphs (A) and (B) of paragraph (4) of subdivision (b) be applied only to persons who enter a program of professional preparation on or after January 1, 1997.","Existing law prescribes the minimum requirements for a clear multiple or single subject teaching credential, including the completion of either a beginning teacher induction program approved by the Commission on Teacher Credentialing and the Superintendent of Public Instruction pursuant to the Marian Bergeson Beginning Teacher Support and Assessment System, an alternative program of beginning teacher induction that is provided by one or more local educational agencies and has been approved by the commission and the Superintendent on the basis of initial review and periodic evaluations of the program in relation to appropriate standards of credential program quality and effectiveness that have been adopted by the commission, the Superintendent, and the State Board of Education, as provided, or an alternative program of beginning teacher induction that is sponsored by a regionally accredited college or university, in cooperation with one or more local school districts, that addresses the individual professional needs of beginning teachers and meets the commission’s standards of induction, except as provided. Existing law also requires credentials for teaching specialties, including, but not limited to, bilingual education, early childhood education, and special education, to be based upon a baccalaureate degree from an accredited institution, completion of a program of professional preparation, and any other standards which the commission may establish. +This bill would, commencing with hiring for the 2016–17 school year, and each school year thereafter, prohibit a school district, county office of education, or charter school from charging a fee to a beginning teacher to participate in a beginning teacher induction program that is approved by the commission and the Superintendent, and would define a beginning teacher for purposes of that provision to include a teacher with a preliminary multiple or single subject teaching credential, or a preliminary education specialist credential. The bill also would prohibit a local educational agency from charging a fee to a beginning teacher to participate in an alternative program of beginning teacher induction program that it provides, and would prohibit a school district from charging a fee to a beginning teacher to participate in an alternative program of beginning teacher induction that is sponsored by a regionally accredited college or university, in cooperation with one or more local school districts.","An act to amend Section 44259 of the Education Code, relating to teacher credentialing." +435,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) It is the intent of the Legislature that the entities responsible for the Mokelumne Watershed Interregional Sustainability Evaluation Program may seek state funding for which the feasibility studies and assessments described in paragraph (3) of subdivision (a) of Section 5093.548 of the Public Resources Code are eligible. +(b) It is further the intent of the Legislature that, until the completion of the study and report referenced in subdivision (c) of Section 5093.548 of the Public Resources Code and the implementation of any recommendation to add segments to the wild and scenic rivers system, or until December 31, 2021, whichever occurs first, state and local government entities may participate in any collaborative process convened by the Pacific Gas and Electric Company to discuss a pumped storage project in the upper Mokelumne River watershed, if the project is designed to avoid harm to the free-flowing condition and natural character of the segments of the river described in Section 5093.549 of the Public Resources Code, and to the recreational, cultural, historical, scenic, and water quality values of those segments. +SEC. 2. +Section 5093.548 is added to the Public Resources Code, to read: +5093.548. +(a) Notwithstanding Section 5093.547, prior to the designation of the Mokelumne River, its tributaries, or segments thereof as additions to the system, the secretary shall study and submit to the Governor and the Legislature a report that analyzes the suitability or nonsuitability of the proposed designation. The suitability analysis contained in the report shall consider all of the following: +(1) The potential effects of the proposed designation on the ability of public agencies and utilities within the Mokelumne River watershed to meet current and projected future water requirements through the development of new and more reliable water supplies from the Mokelumne River and its tributaries. When considering projected future water requirements, the secretary shall only consider feasible projects to meet foreseeable demands. +(2) Any effects of climate change on river values described in Section 5093.50 and current and projected water supplies. +(3) The following feasibility studies and assessments included within the implementation plan of the Mokelumne Watershed Interregional Sustainability Evaluation, Final Report dated June 12, 2015: 7a, 7b, 7d, and 7f. The inclusion of these studies and assessments in this subdivision shall not be construed as an exemption from wild and scenic designation. +(4) The instances when the secretary has determined pursuant to Section 5093.55 that a water diversion facility may be constructed on a river or segment of a river that is part of the system. +(5) The instances when the State Water Resources Control Board has approved an application to appropriate water from a river or a segment of a river that is part of the system and what restrictions, if any, were placed on the appropriation of water as a result of the river or segment of a river’s inclusion in the system. +(b) The report shall also include the information required in subdivision (b) of Section 5093.547 and the secretary’s recommendations and proposals with respect to the proposed designation. +(c) The report required for the segments of the Mokelumne River designated for potential addition to the system pursuant to Section 5093.549 shall be submitted to the Legislature and Governor no later than December 31, 2017, and shall include a clear recommendation on the suitability or nonsuitability for addition to the system of each of the designated segments of the Mokelumne River. +(d) A study undertaken by the secretary pursuant to subdivision (a) shall provide for public input from a broad range of stakeholders. +(e) A report required to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. +(f) Until the completion of the study period and the implementation of any recommendation to add segments to the system, or December 31, 2021, whichever occurs first, no dam, reservoir, diversion, or other water impoundment facility may be constructed on any segment designated for study by the secretary as a potential addition to the system unless the secretary determines that the facility is needed to supply domestic water to the residents of the county or counties through which the river and segment flows and the secretary determines that the facility will not adversely affect the free-flowing condition and natural character of the river and segment. This subdivision shall not apply to, and shall not in any way affect, Amador Water Agency’s water rights application 5647X03 pending before the State Water Resources Control Board. +(g) (1) The secretary shall develop a cost estimate of the study and report required by subdivision (c) and enter into a cost-sharing agreement with the Upper Mokelumne River Watershed Authority. The cost-sharing agreement shall require that the state pay not more than 50 percent of the cost of the study and report required by subdivision (c), with the remaining cost to be paid by the authority. The payment by the authority may consist of appropriated funds or a contribution of services. +(2) Nothing in this section shall preclude any private donations or contributions from interested parties to be used for the purposes of this subdivision. +SEC. 3. +Section 5093.549 is added to the Public Resources Code, to read: +5093.549. +The following segments of the North Fork and main stem Mokelumne River are hereby designated for potential addition to the system. +(a) The North Fork Mokelumne River from 0.50 miles downstream of the Salt Springs 97-006 Dam to 0.50 miles upstream of the Tiger Creek Powerhouse. +(b) The North Fork Mokelumne River from 1,000 feet downstream of the Tiger Creek Afterbay 97-105 Dam to State Highway Route 26. +(c) The North Fork Mokelumne River from 400 feet downstream of the small reregulating dam at the outlet of the West Point Powerhouse to the confluence of the North and Middle Forks of the Mokelumne River. +(d) The main stem of the Mokelumne River from the confluence of the North and Middle Forks to 300 feet upstream of the Electra Powerhouse. +(e) The main stem of the Mokelumne River from 300 feet downstream of the small reregulating dam downstream of the Electra Powerhouse to the Pardee Reservoir flood surcharge pool at 580 feet elevation above mean sea level. +SEC. 4. +Section 5093.56 of the Public Resources Code is amended to read: +5093.56. +No department or agency of the state may assist or cooperate, whether by loan, grant, license, or otherwise, with any department or agency of the federal, state, or local government, in the planning or construction of a dam, reservoir, diversion, or other water impoundment facility that could have an adverse effect on the free-flowing condition and natural character of either of the following: +(a) The rivers and segments thereof designated in Section 5093.54 as included in the system. +(b) The segments of the Mokelumne River designated in Section 5093.549 for study by the secretary as potential additions to the system until after the study period and implementation of any recommendations have been completed, or December 31, 2021, whichever occurs first. This subdivision shall not apply to, and shall not in any way affect, Amador Water Agency’s water rights application 5647X03 pending before the State Water Resources Control Board, or prejudice, alter, affect in any way, or interfere with the maintenance, repair, or operation by the Pacific Gas and Electric Company of the Mokelumne River Project (FERC 137) currently under the 2001 Federal Energy Regulatory Commission license for the project, the incorporated settlement agreement, any license amendments made with the agreement of the parties to the incorporated settlement agreement, and any adjustment of flows permitted to occur pursuant to the license for enhancement of ecological resources. +SEC. 5. +Due to the unique geographical features of the Mokelumne River and its tributaries, the Legislature hereby finds and declares that a special law is necessary and a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution. +SEC. 6. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution.","(1) Existing law, the California Wild and Scenic Rivers Act, provides for a system of classification of those rivers or segments of rivers in the state that are designated as wild, scenic, or recreational rivers, for purposes of preserving the highest and most beneficial use of those rivers. The act requires the Secretary of the Natural Resources Agency to study and submit to the Governor and the Legislature a report that analyzes the suitability or nonsuitability for addition to the system of rivers or segments of rivers that are designated by the Legislature as potential additions to the system, and requires that each report contain specified information and recommendations with respect to the proposed designation. +This bill would require the secretary, in a report analyzing the suitability or nonsuitability of a proposed designation of the Mokelumne River, its tributaries, or segments thereof as additions to the system, to consider the potential effects of the proposed designation on future water requirements, as specified, and the effects of climate change on river values and current and projected water supplies, and to consider other factors. The bill would include any segment of the Mokelumne River designated for potential addition within certain protections afforded to wild and scenic rivers until the completion of the study period and the implementation of any recommendation to add the segment of the Mokelumne River to the system, or December 31, 2021, whichever occurs first. +The bill would also designate specified segments of the Mokelumne River for potential addition to the system. The bill would require the secretary to submit a report pursuant to the above-described requirements to the Legislature and Governor no later than December 31, 2017, and would require the report to include a clear recommendation on the suitability or nonsuitability for addition to the system of each of the designated segments of the Mokelumne River. The bill would require the secretary to enter into a cost-sharing agreement with the Upper Mokelumne River Watershed Authority that would require the state and the authority to each pay a specified portion of the cost of the report. By imposing new duties on a local government entity, the bill would impose a state-mandated local program. +(2) The bill would declare that due to the unique geographical features of the Mokelumne River and its tributaries, a general statute within the meaning of specified provisions of the California Constitution cannot be made applicable and a special statute is necessary. +(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 5093.56 of, and to add Sections 5093.548 and 5093.549 to, the Public Resources Code, relating to wild and scenic rivers." +436,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 113755 of the Health and Safety Code is amended to read: +113755. +“Community event” means an event conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period and that is of a civic, political, public, or educational nature, including state and county fairs, city festivals, circuses, and other public gathering events approved by the local enforcement agency. +SEC. 2. +Section 113789 of the Health and Safety Code, as amended by Section 1.2 of Chapter 927 of the Statutes of 2014, is amended to read: +113789. +(a) “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following: +(1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food. +(2) A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. +(b) “Food facility” includes permanent and nonpermanent food facilities, including, but not limited to, the following: +(1) Public and private school cafeterias. +(2) Restricted food service facilities. +(3) Licensed health care facilities, except as provided in paragraph (13) of subdivision (c). +(4) Commissaries. +(5) Mobile food facilities. +(6) Mobile support units. +(7) Temporary food facilities. +(8) Vending machines. +(9) Certified farmers’ markets, for purposes of permitting and enforcement pursuant to Section 114370. +(10) Farm stands, for purposes of permitting and enforcement pursuant to Section 114375. +(c) “Food facility” does not include any of the following: +(1) A cooperative arrangement wherein no permanent facilities are used for storing or handling food. +(2) A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365. +(3) A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period. +(4) A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event. +(5) Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption. +(6) Premises operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises controlled by the producer. +(7) A commercial food processing establishment as defined in Section 111955. +(8) A child day care facility, as defined in Section 1596.750. +(9) A community care facility, as defined in Section 1502. +(10) A residential care facility for the elderly, as defined in Section 1569.2. +(11) A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01. +(12) (A) An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer. +(B) A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak. +(13) A community food producer, as defined in Section 113752. +SEC. 3. +Section 114276 of the Health and Safety Code is amended to read: +114276. +(a) A permanent food facility shall provide clean toilet facilities in good repair for use by employees. +(b) (1) A permanent food facility shall provide clean toilet facilities in good repair for consumers, guests, or invitees when there is onsite consumption of foods or when the food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space. +(2) Notwithstanding Section 113984.1, toilet facilities that are provided for use by consumers, guests, or invitees shall be in a location where consumers, guests, and invitees do not pass through food preparation, food storage, or utensil washing areas to reach the toilet facilities. +(3) For purposes of this section, a building subject to paragraph (1) that has a food facility with more than 20,000 square feet of floor space shall provide at least one separate toilet facility for men and one separate toilet facility for women. +(4) For purposes of this section, the gas pump area of a service station that is maintained in conjunction with a food facility shall not be considered as property used in connection with the food facility or be considered in determining the square footage of floor space of the food facility. +(c) (1) Toilet rooms shall be separated by well-fitted, self-closing doors that prevent the passage of flies, dust, or odors. +(2) Toilet room doors shall be kept closed except during cleaning and maintenance operations. +(d) Handwashing facilities, in good repair, shall be provided as specified in Sections 113953 and 113953.3. +(e) A city, county, or city and county may enact ordinances that are more restrictive than this section. +(f) (1) Except as provided in paragraph (1) of subdivision (b), a food facility that was constructed before January 1, 2004, that has been in continuous operation since January 1, 2004, and that provides space for the consumption of food on the premises shall either provide clean toilet facilities in good repair for consumers, guests, or invitees on property used in connection with, or in, the food facility or prominently post a sign within the food facility in a public area stating that toilet facilities are not provided. +(2) The first violation of paragraph (1) shall result in a warning. Subsequent violations shall constitute an infraction punishable by a fine of not more than two hundred fifty dollars ($250). +(3) The requirements of this section for toilet facilities that are accessible to consumers, guests, or invitees on the property may be satisfied by permitting access by those persons to the toilet and handwashing facilities that are required by this part. +SEC. 4. +Section 114289 of the Health and Safety Code, as amended by Section 2 of Chapter 927 of the Statutes of 2014, is amended to read: +114289. +(a) Notwithstanding any law to the contrary, a permanent food facility that has less than 300 square feet of display area and that sells only prepackaged food that is not potentially hazardous food shall be exempt from the requirements of this part except as set forth in subdivision (c). +(b) Notwithstanding any law to the contrary, a premises set aside for beer or wine tasting, as that term is defined in Section 23356.1 or 23357.3 of the Business and Professions Code, that complies with Section 118375, for the purposes of wine or beer tasting, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption, and crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption shall be subject to the requirements set forth in paragraph (1) of subdivision (c). These facilities shall not have a food display area greater than 25 square feet. +(c) (1) A facility or premises with a food display area of 25 square feet or less shall comply with all of the following: +(A) Sections 113980, 114047, 114049, 114390, 114393, 114395, 114397, and 114399. +(B) Chapter 1 (commencing with Section 113700). +(C) Chapter 2 (commencing with Section 113728). +(2) A permanent food facility with a food display area greater than 25 square feet, but less than 300 square feet, shall comply with all of the following: +(A) Sections 113980, 114047, 114049, 114250, 114266, 114381, 114387, 114390, 114393, 114395, 114397, 114399, 114405, 114407, 114409, 114411, and 114413. +(B) Chapter 1 (commencing with Section 113700). +(C) Chapter 2 (commencing with Section 113728). +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, as defined. Existing law exempts from the definition of food facility premises set aside for wine tasting, regardless of whether there is a charge for the wine tasting, if no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption and no food, except for crackers, is served. Existing law prohibits certain premises from having a food display area that exceeds 25 square feet, and subjects certain facilities or premises with a food display area of 25 square feet or less to specified provisions of the code. Existing law imposes certain enforcement duties on the State Department of Public Health, but provides that local health agencies are primarily responsible for enforcing these provisions. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided. +This bill would additionally exclude from the definition of food facility a premises set aside for wine tasting that offers pretzels or prepackaged nonpotentially hazardous food for sale or for onsite consumption. The bill would limit the food display area in premises set aside for wine tasting to 25 square feet and subject those premises to specified provisions of the California Retail Food Code. By imposing new duties on local health agencies, and by expanding the definition of a crime, the bill would impose a state-mandated local program. +Existing law, for the purposes of the California Retail Food Code, defines “community event” to mean an event that is of a civic, political, public, or educational nature. +This bill would limit the definition of a community event to include only an event of a civic, political, public, or educational nature conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period. +Under existing law, a permanent food facility is required to provide clean toilet facilities in good repair for consumers, guests, and invitees, except that a building constructed before January 1, 2004, that has a food facility that provides space for the consumption of food on the premises may either provide clean toilet facilities in good repair or prominently post a sign in a public area stating that toilet facilities are not provided. +This bill would limit the above exemption to food facilities that have been in continuous operation since January 1, 2004. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to amend Sections 113755, 113789, 114276, and 114289 of the Health and Safety Code, relating to food facilities." +437,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 374.3 of the Penal Code is amended to read: +374.3. +(a) It is unlawful to dump or cause to be dumped waste matter in or upon a public highway or road, including any portion of the right-of-way thereof, or in or upon private property into or upon which the public is admitted by easement or license, or in or upon a public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property. +(b) It is unlawful to place, deposit, or dump, or cause to be placed, deposited, or dumped, rocks, concrete, asphalt, or dirt in or upon a private highway or road, including any portion of the right-of-way of the private highway or road, or private property, without the consent of the owner or a contractor under contract with the owner for the materials, or in or upon a public park or other public property, without the consent of the state or local agency having jurisdiction over the highway, road, or property. +(c) A person violating subdivision (a) or (b) is guilty of an infraction. Each day that waste placed, deposited, or dumped in violation of subdivision (a) or (b) remains unabated is a separate violation. +(d) This section does not restrict a private owner in the use of his or her own private property, unless the placing, depositing, or dumping of the waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department, local fire department or district providing fire protection services, or the Department of Forestry and Fire Protection, in which case this section applies. +(e) A person convicted of a violation of subdivision (a) or (b) shall be punished by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000) upon a third or subsequent conviction. If the court finds that the waste matter placed, deposited, or dumped was used tires, the fine prescribed in this subdivision shall be doubled. +(f) The court may require, in addition to any fine imposed upon a conviction, that, as a condition of probation and in addition to any other condition of probation, a person convicted under this section remove, or pay the cost of removing, any waste matter which the convicted person dumped or caused to be dumped upon public or private property. +(g) Except when the court requires the convicted person to remove waste matter which he or she is responsible for dumping as a condition of probation, the court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that a person convicted of a violation of this section pick up waste matter at a time and place within the jurisdiction of the court for not less than 12 hours. +(h) (1) A person who places, deposits, or dumps, or causes to be placed, deposited, or dumped, waste matter in violation of this section in commercial quantities shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not more than six months and by a fine. The fine is mandatory and shall amount to not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) upon a first conviction, not less than three thousand dollars ($3,000) nor more than six thousand dollars ($6,000) upon a second conviction, and not less than six thousand dollars ($6,000) nor more than ten thousand dollars ($10,000) upon a third or subsequent conviction. +(2) “Commercial quantities” means an amount of waste matter generated in the course of a trade, business, profession, or occupation, or an amount equal to or in excess of one cubic yard. This subdivision does not apply to the dumping of household waste at a person’s residence. +(i) (1) A person who places, deposits, or dumps, or causes to be placed, deposited, or dumped, waste matter upon private property, including on any private highway or road, without the consent of the owner shall be punished by a fine. The fine is mandatory and shall amount to not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000) upon a third conviction. Upon a fourth or subsequent conviction, the person is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than 30 days and by a fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000). +(2) If the court finds that the waste matter placed, deposited, or dumped includes used tires, the fine prescribed in this subdivision shall be doubled. A separate fine in the same amount as initially imposed shall accrue for each day that waste placed, deposited, or dumped remains unabated, but no additional conviction for the purposes of punishments in paragraph (1) shall arise for the same act. For the fourth or subsequent violation, each day that waste placed, deposited, or dumped remains shall not result in the accrual of a separate fine or violation for the purposes of punishments in paragraph (1). +(j) For purposes of this section, “person” means an individual, trust, firm, partnership, joint stock company, joint venture, or corporation. +(k) Except in unusual cases where the interests of justice would be best served by waiving or reducing a fine, the minimum fines provided by this section shall not be waived or reduced. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law prohibits dumping waste matter in or upon a public or private highway or road, or in or upon private property into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner, or in or upon a public park or other public property. A violation of these provisions is an infraction punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd or subsequent conviction. +This bill would make dumping waste matter on private property, including on any private road or highways, without the consent of the owner punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd conviction. The bill would make a 4th or subsequent conviction a misdemeanor punishable by imprisonment in a county jail for not more than 30 days and by a fine of not less than $750 nor more than $3,000. +By changing the definition of a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 374.3 of the Penal Code, relating to dumping." +438,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 4.5 (commencing with Section 111548) is added to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, to read: +Article 4.5. Right to Try Act +111548. +This article shall be known and may be cited as the Right to Try Act. +111548.1. +For purposes of this article, unless the context otherwise requires, the following definitions shall apply: +(a) “Consulting physician” means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act who performs all of the following: +(1) Examines the qualified individual and his or her relevant medical records. +(2) Confirms, in writing, the primary physician’s diagnosis and prognosis. +(3) Verifies, in the opinion of the consulting physician, that the eligible patient is competent, acting voluntarily, and has made an informed decision. +(b) “Eligible patient” means a person who meets all of the following conditions: +(1) Has an immediately life-threatening disease or condition. +(2) Has considered all other treatment options currently approved by the United States Food and Drug Administration. +(3) Has not been accepted to participate in the nearest clinical trial to his or her home for the immediately life-threatening disease or condition identified in paragraph (1) within one week of completion of the clinical trial application process, or, in the treating physician’s medical judgment, it is unreasonable for the patient to participate in that clinical trial due to the patient’s current condition and stage of disease. +(4) Has received a recommendation from his or her primary physician and a consulting physician for an investigational drug, biological product, or device. +(5) Has given written informed consent for the use of the investigational drug, biological product, or device, or, if he or she lacks the capacity to consent, his or her legally authorized representative has given written informed consent on his or her behalf. +(6) Has documentation from his or her primary physician and a consulting physician attesting that the patient has met the requirements of this subdivision. +(c) “Health benefit plan” means a plan or program that provides, arranges, pays for, or reimburses the cost of health benefits. “Health benefit plan” includes, but is not limited to, a health care service plan contract issued by a health care service plan, as defined in Section 1345, and a policy of health insurance, as defined in Section 106 of the Insurance Code, issued by a health insurer. +(d) “Immediately life-threatening disease or condition” means a stage of disease in which there is a reasonable likelihood that death will occur within a matter of months. +(e) “Investigational drug, biological product, or device” means a drug, biological product, or device that has successfully completed phase one of a clinical trial approved by the United States Food and Drug Administration, but has not been approved for general use by the United States Food and Drug Administration and remains under investigation in a clinical trial approved by the United States Food and Drug Administration. +(f) “Primary physician” means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act. +(g) “State regulatory board” means the Medical Board of California or the Osteopathic Medical Board of California. +(h) (1) “Written, informed consent” means a written document that has been approved by the primary physician’s institutional review board or an accredited independent institutional review board, is signed by an eligible patient, or his or her legally authorized representative when the patient lacks the capacity to consent, and attested to by the patient’s primary physician and a witness that, at a minimum, does all of the following: +(A) Explains the currently approved products and treatments for the immediately life-threatening disease or condition from which the patient suffers. +(B) Attests to the fact that the patient, or when the patient lacks the capacity to consent his or her legally authorized representative, concurs with the patient’s primary physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient’s life. +(C) Clearly identifies the specific proposed investigational drug, biological product, or device that the patient is seeking to use. +(D) Describes the potentially best and worst outcomes of using the investigational drug, biological product, or device and describes the most likely outcome. This description shall include the possibility that new, unanticipated, different, or worse symptoms might result and that death could be hastened by the proposed treatment. The description shall be based on the primary physician’s knowledge of the proposed treatment in conjunction with an awareness of the patient’s condition. +(E) Clearly states that the patient’s health benefit plan, if any, and health care provider are not obligated to pay for the investigational drug, biological product, or device or any care or treatments consequent to use of the investigational drug, biological product, or device. +(F) Clearly states that the patient’s eligibility for hospice care may be withdrawn if the patient begins curative treatment and that care may be reinstated if the curative treatment ends and the patient meets hospice eligibility requirements. +(G) Clearly states that in-home health care may be denied if treatment begins. +(H) States that the patient understands that he or she is liable for all expenses consequent to the use of the investigational drug, biological product, or device, and that this liability extends to the patient’s estate, except as otherwise provided in the patient’s health benefit plan or a contract between the patient and the manufacturer of the drug, biological product, or device. +(2) Written, informed consent for purposes of this article shall be consistent with the informed consent requirements of the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20). +111548.2. +(a) Notwithstanding Section 110280, 111520, or 111550, a manufacturer of an investigational drug, biological product, or device may make available the manufacturer’s investigational drug, biological product, or device to an eligible patient pursuant to this article. This article does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient. +(b) A manufacturer may do both of the following: +(1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation. +(2) Require an eligible patient to pay the costs of or associated with the manufacture of the investigational drug, biological product, or device. +(c) (1) This article does not expand the coverage provided under Sections 1370.4 and 1370.6 of this code, Sections 10145.3 and 10145.4 of the Insurance Code, or Sections 14087.11 and 14132.98 of the Welfare and Institutions Code. +(2) This article does not require a health benefit plan to provide coverage for the cost of any investigational drug, biological product, or device, or the costs of services related to the use of an investigational drug, biological product, or device under this article. A health benefit plan may provide coverage for an investigational drug, biological product, or device made available pursuant to this section. +(d) If the clinical trial for an investigational drug, biological product, or device is closed due to the lack of efficacy or for toxicity, the investigational drug, biological product, or device shall not be offered. If notice of closure of a clinical trial is given for an investigational drug, biological product, or device taken by a patient outside of a clinical trial, the manufacturer and the patient’s primary physician shall notify the patient of the information from the safety committee of the clinical trial. +(e) If an eligible patient dies while being treated by an investigational drug, biological product, or device made available pursuant to this article, the patient’s heirs are not liable for any outstanding debt related to the treatment or lack of insurance for the treatment. +111548.3. +(a) Notwithstanding any other law, a state regulatory board shall not revoke, fail to renew, or take any other disciplinary action against a physician’s license based solely on the physician’s recommendation to an eligible patient regarding, or prescription for or treatment with, an investigational drug, biological product, or device if the recommendation or prescription is consistent with protocol approved by the physician’s institutional review board or an accredited independent institutional review board. +(b) The physician’s institutional review board or an accredited institutional review board shall biannually report the following information to the State Department of Public Health, the Medical Board of California, and the Osteopathic Medical Board of California: +(1) The number of requests made for an investigational drug, biological product, or device. +(2) The status of the requests made. +(3) The duration of the treatment. +(4) The costs of the treatment paid by eligible patients. +(5) The success or failure of the investigational drug, biological product, or device in treating the immediately life-threatening disease or condition from which the patient suffers. +(6) Any adverse event for each investigational drug, biological product, or device. +(c) A state agency shall not alter any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider’s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that a patient have access to an investigational drug, biological product, or device. +(d) A violation of this section shall not be subject to Chapter 8 (commencing with Section 111825). +111548.5. +This article does not create a private cause of action, and actions taken pursuant to this article shall not serve as a basis for a civil, criminal, or disciplinary claim or cause of action, including, but not limited to, product liability, medical negligence, or wrongful death, against a manufacturer of an investigational drug, biological product, or device, or against any other person or entity involved in the care of an eligible patient for harm done to the eligible patient or his or her heirs resulting from the investigational drug, biological product, or device, or the use or nonuse thereof, if the manufacturer or other person or entity has complied with the terms of this article in relation to the eligible patient, unless there was a failure to exercise reasonable care.","Existing law, the federal Food, Drug, and Cosmetic Act, prohibits a person from introducing into interstate commerce any new drug unless the drug has been approved by the United States Food and Drug Administration (FDA). Existing law requires the sponsor of a new drug to submit to the FDA an investigational new drug application and to then conduct a series of clinical trials to establish the safety and efficacy of the drug in human populations and submit the results to the FDA in a new drug application. +Existing law, the Sherman Food, Drug, and Cosmetic Law, regulates the packaging, labeling, and advertising of drugs and devices and is administered by the State Department of Public Health. A violation of that law is a crime. The Sherman Food, Drug, and Cosmetic Law prohibits, among other things, the sale, delivery, or giving away of a new drug or new device unless either the department has approved a new drug or device application for that new drug or new device and that approval has not been withdrawn, terminated, or suspended or the drug or device has been approved pursuant to specified provisions of federal law, including the federal Food, Drug, and Cosmetic Act. +The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and requires the board to take action against a licensee who is charged with unprofessional conduct. The Osteopathic Act provides for the licensure and regulation of osteopathic physicians and surgeons by the Osteopathic Medical Board of California and requires the board to enforce the Medical Practice Act with respect to its licensees. +This bill would permit a manufacturer of an investigational drug, biological product, or device to make the product available to eligible patients with an immediately life-threatening disease or condition, as specified. The bill would authorize, but not require, a health benefit plan, as defined, to provide coverage for any investigational drug, biological product, or device made available pursuant to these provisions. The bill would prohibit the Medical Board of California and the Osteopathic Medical Board of California from taking any disciplinary action against the license of a physician based solely on the physician’s recommendation to an eligible patient regarding, or prescription for or treatment with, an investigational drug, biological product, or device if the recommendation or prescription is consistent with protocol approved by the physician’s institutional review board or an accredited institutional review board, and would require the institutional review board to biannually report specified information to the State Department of Public Health, among others. The bill would prohibit a state agency from altering any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider’s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that a patient have access to an investigational drug, biological product, or device.","An act to add Article 4.5 (commencing with Section 111548) to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, relating to drugs and devices." +439,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 186.2 of the Penal Code is amended to read: +186.2. +For purposes of this chapter, the following definitions apply: +(a) “Criminal profiteering activity” means any act committed or attempted or any threat made for financial gain or advantage, which act or threat may be charged as a crime under any of the following sections: +(1) Arson, as defined in Section 451. +(2) Bribery, as defined in Sections 67, 67.5, and 68. +(3) Child pornography or exploitation, as defined in subdivision (b) of Section 311.2, or Section 311.3 or 311.4, which may be prosecuted as a felony. +(4) Felonious assault, as defined in Section 245. +(5) Embezzlement, as defined in Sections 424 and 503. +(6) Extortion, as defined in Section 518. +(7) Forgery, as defined in Section 470. +(8) Gambling, as defined in Sections 337a to 337f, inclusive, and Section 337i, except the activities of a person who participates solely as an individual bettor. +(9) Kidnapping, as defined in Section 207. +(10) Mayhem, as defined in Section 203. +(11) Murder, as defined in Section 187. +(12) Pimping and pandering, as defined in Section 266. +(13) Receiving stolen property, as defined in Section 496. +(14) Robbery, as defined in Section 211. +(15) Solicitation of crimes, as defined in Section 653f. +(16) Grand theft, as defined in Section 487 or subdivision (a) of Section 487a. +(17) Trafficking in controlled substances, as defined in Sections 11351, 11352, and 11353 of the Health and Safety Code. +(18) Violation of the laws governing corporate securities, as defined in Section 25541 of the Corporations Code. +(19) Offenses contained in Chapter 7.5 (commencing with Section 311) of Title 9, relating to obscene matter, or in Chapter 7.6 (commencing with Section 313) of Title 9, relating to harmful matter that may be prosecuted as a felony. +(20) Presentation of a false or fraudulent claim, as defined in Section 550. +(21) False or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code. +(22) Money laundering, as defined in Section 186.10. +(23) Offenses relating to the counterfeit of a registered mark, as specified in Section 350, or offenses relating to piracy, as specified in Section 653w. +(24) Offenses relating to the unauthorized access to computers, computer systems, and computer data, as specified in Section 502. +(25) Conspiracy to commit any of the crimes listed above, as defined in Section 182. +(26) Subdivision (a) of Section 186.22, or a felony subject to enhancement as specified in subdivision (b) of Section 186.22. +(27) Offenses related to fraud or theft against the state’s beverage container recycling program, including, but not limited to, those offenses specified in this subdivision and those criminal offenses specified in the California Beverage Container Recycling and Litter Reduction Act, commencing at Section 14500 of the Public Resources Code. +(28) Human trafficking, as defined in Section 236.1. +(29) Any crime in which the perpetrator induces, encourages, or persuades a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person. +(30) Any crime in which the perpetrator, through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, causes a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person. +(31) Theft of personal identifying information, as defined in Section 530.5. +(32) Offenses involving the theft of a motor vehicle, as specified in Section 10851 of the Vehicle Code. +(33) Abduction or procurement by fraudulent inducement for prostitution, as defined in Section 266a. +(34) Offenses relating to insurance fraud, as specified in Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and 2117 of the Unemployment Insurance Code. +(b) (1) “Pattern of criminal profiteering activity” means engaging in at least two incidents of criminal profiteering, as defined by this chapter, that meet the following requirements: +(A) Have the same or a similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics. +(B) Are not isolated events. +(C) Were committed as a criminal activity of organized crime. +(2) Acts that would constitute a “pattern of criminal profiteering activity” may not be used by a prosecuting agency to seek the remedies provided by this chapter unless the underlying offense occurred after the effective date of this chapter and the prior act occurred within 10 years, excluding any period of imprisonment, of the commission of the underlying offense. A prior act may not be used by a prosecuting agency to seek remedies provided by this chapter if a prosecution for that act resulted in an acquittal. +(c) “Prosecuting agency” means the Attorney General or the district attorney of any county. +(d) “Organized crime” means crime that is of a conspiratorial nature and that is either of an organized nature and seeks to supply illegal goods or services such as narcotics, prostitution, pimping and pandering, loan-sharking, counterfeiting of a registered mark in violation of Section 350, the piracy of a recording or audiovisual work in violation of Section 653w, gambling, and pornography, or that, through planning and coordination of individual efforts, seeks to conduct the illegal activities of arson for profit, hijacking, insurance fraud, smuggling, operating vehicle theft rings, fraud against the beverage container recycling program, embezzlement, securities fraud, insurance fraud in violation of the provisions listed in paragraph 34 of subdivision (a), grand theft, money laundering, forgery, or systematically encumbering the assets of a business for the purpose of defrauding creditors. “Organized crime” also means crime committed by a criminal street gang, as defined in subdivision (f) of Section 186.22. “Organized crime” also means false or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code, and the theft of personal identifying information, as defined in Section 530.5. +(e) “Underlying offense” means an offense enumerated in subdivision (a) for which the defendant is being prosecuted. +SEC. 2. +Section 6007 of the Revenue and Taxation Code is amended to read: +6007. +(a) (1) A “retail sale” or “sale at retail” means a sale for a purpose other than resale in the regular course of business in the form of tangible personal property. +(2) When tangible personal property is delivered by an owner or former owner thereof, or by a factor or agent of that owner, former owner, or factor to a consumer or to a person for redelivery to a consumer, pursuant to a retail sale made by a retailer not engaged in business in this state, the person making the delivery shall be deemed the retailer of that property. He or she shall include the retail selling price of the property in his or her gross receipts or sales price. +(b) (1) Notwithstanding subdivision (a), a “retail sale” or “sale at retail” shall include a sale by a convicted seller of tangible personal property with a counterfeit mark, a counterfeit label, or an illicit label on that property, or in connection with that sale, regardless of whether the sale is for resale in the regular course of business. +(2) For purposes of this subdivision, all of the following shall apply: +(A) A “convicted seller” means a person convicted of a counterfeiting offense, including, but not limited to, a violation under Section 350 or 653w of the Penal Code or Section 2318, 2319, or 2320 of Title 18 of the United States Code on or after the date of sale. +(B) “Counterfeit mark” has the same meaning as that term is defined in Section 2320 of Title 18 of the United States Code. +(C) “Counterfeit label” has the same meaning as that term is defined in Section 2318 of Title 18 of the United States Code. +(D) “Illicit label” has the same meaning as that term is defined in Section 2318 of Title 18 of the United States Code. +(E) Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, and Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of, the Business and Professions Code, and Title 1.5 (commencing with Section 1750) of Part 4 of Division 3 of the Civil Code shall not apply to any person other than a convicted seller. +(F) Notwithstanding Article 2 (commencing with Section 6481) of Chapter 5, any notice of deficiency determination to a convicted seller shall be mailed within one year after the last day of the calendar month following the date of conviction. +SEC. 3. +Section 6009.2 of the Revenue and Taxation Code is amended to read: +6009.2. +(a) Notwithstanding Sections 6008, 6009, and 6009.1, “storage” and “use” each shall include a purchase by a convicted purchaser of tangible personal property with a counterfeit mark, a counterfeit label, or an illicit label on that property, or in connection with that purchase, regardless of whether the purchase is for resale in the regular course of business. +(b) “Convicted purchaser” means a person convicted of a counterfeiting offense, including, but not limited to, a violation under Section 350 or 653w of the Penal Code or Section 2318, 2319, or 2320 of Title 18 of the United States Code on or after the date of purchase. +(c) For purposes of this section, Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, and Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of, the Business and Professions Code, and Title 1.5 (commencing with Section 1750) of Part 4 of Division 3 of the Civil Code shall not apply to any person other than a convicted seller. +(d) “Counterfeit mark” has the same meaning as that term is defined in Section 2320 of Title 18 of the United States Code. +(e) “Counterfeit label” has the same meaning as that term is defined in Section 2318 of Title 18 of the United States Code. +(f) “Illicit label” has the same meaning as that term is defined in Section 2318 of Title 18 of the United States Code. +(g) Notwithstanding Article 2 (commencing with Section 6481) of Chapter 5, any notice of deficiency determination to a convicted purchaser shall be mailed within one year after the last day of the calendar month following the date of conviction. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity, as specified, and requires the prosecution to file a petition for forfeiture in conjunction with certain criminal charges. Under existing law, criminal profiteering activity is defined to include specified crimes, including forgery and offenses relating to counterfeit of a registered mark. Existing law also defines organized crime for the purposes of these provisions as including, among other things, specified crimes that are of a conspiratorial nature and are either of an organized nature and seek to supply illegal goods and services or crimes that, through planning and coordination of individual efforts, seek to conduct specified illegal activities. +This bill would include within the definition of criminal profiteering activity offenses relating to piracy, and insurance fraud, as specified. The bill would also broaden the definition of organized crime to include pimping and pandering, counterfeiting of a registered mark, piracy of a recording or audiovisual work, embezzlement, securities fraud, grand theft, money laundering, and forgery. By increasing the burdens on local prosecuting agencies, this bill would impose a state-mandated local program. +Existing law, the Sales and Use Tax Law, imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from any retailer for storage, use, or other consumption in this state. Existing law provides that a “retail sale” or “sale at retail” includes any sale by a convicted seller, as defined, of tangible personal property with a counterfeit mark on, or in connection with, that sale, regardless of whether the sale is for resale in the regular course of business. Existing law provides that “storage” or “use” includes a purchase by a convicted purchaser, as defined, of tangible personal property with a counterfeit mark on, or in connection with, that purchase, regardless of whether the purchase is for resale in the regular course of business. +Under this bill, a “retail sale” or “sale at retail” additionally would include any sale by a convicted seller of tangible personal property with a counterfeit label or an illicit label, as specified. The bill similarly would provide that “storage” and “use” additionally would include a purchase by a convicted purchaser of tangible personal property with a counterfeit label or an illicit label, as specified. +The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to state sales and use taxes are incorporated into these laws. +The amendments made by this bill would be incorporated into these laws. +This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of +2/3 +of the membership of each house of the Legislature. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 186.2 of the Penal Code, and to amend Sections 6007 and 6009.2 of the Revenue and Taxation Code, relating to criminal profiteering." +440,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 44262.5 of the Education Code is amended to read: +44262.5. +(a) Upon recommendation of the tribal government of a federally recognized Indian tribe in California, the commission shall issue an American Indian language-culture credential to a candidate who has met the following requirements: +(1) (A) For the American Indian language authorization, demonstrated fluency in that tribe’s language based on an assessment developed and administered by that federally recognized Indian tribe pursuant to subdivision (e). +(B) For the American Indian culture authorization, demonstrated knowledge in that tribe’s culture based on an assessment developed and administered by that federally recognized Indian tribe pursuant to subdivision (e). +(C) Candidates meeting the requirements of both subparagraphs (A) and (B) shall be granted both the American Indian language and the American Indian culture authorizations. +(2) Successfully completed a criminal background check conducted under Sections 44339, 44340, and 44341 for credentialing purposes. +(3) Submitted an application, fee, and recommendation for the credential to the commission through the federally recognized Indian tribe. +(b) The American Indian language-culture credential shall authorize the holder to teach the American Indian language, or culture, or both, for which the credential was issued in California public schools in preschool, kindergarten, grades 1 to 12, inclusive, and in adult education courses. +(c) The holder of an American Indian language-culture credential who does not also have a valid teaching credential issued by the State of California shall not teach in a public school, including a charter school, any subject other than the American Indian language, or culture, or both, for which he or she is credentialed. +(d) Each American Indian language-culture credential shall be issued initially for a two-year period and may be renewed for a three-year period upon recommendation of the tribal government. Upon completion of the three-year period, the holder of an American Indian language-culture credential shall be eligible for a clear teaching credential for that language upon application and the recommendation of the tribal government, in consultation with the applicant’s public school employer. +(e) (1) Each federally recognized American Indian tribe is encouraged to develop a written and oral assessment that should be successfully completed before an applicant is recommended for an American Indian language-culture credential. +(2) In developing the language assessment, an Indian tribe should determine all of the following: +(A) Which dialects of the tribal language will be included in the assessment. +(B) Whether the Indian tribe will standardize its writing system. +(C) The standard of knowledge and fluency required to qualify for an American Indian language authorization in that tribal language. +(D) Standards for effective teaching methods to be evaluated in the classroom. +(3) In developing the culture assessment, an Indian tribe should determine all of the following: +(A) The candidate’s understanding of the tribe’s culture and its practices, including, but not limited to, ceremonies and traditions, social institutions and relationships, holidays and festivals, health practices and traditions, patterns of work and leisure, and culinary traditions and practices. +(B) The standard of knowledge required to qualify for an American Indian culture authorization in that tribal culture. +(C) Standards for effective teaching methods to be evaluated in the classroom. +(4) The assessment should be administered at an appropriate location that does not create hardship for members of the Indian tribe administering the assessment. +(f) Upon agreement by the tribe, a tribe recommending a candidate for an American Indian language-culture credential shall develop and administer a technical assistance program guided by the California Standards for the Teaching Profession. To the extent feasible, the program shall be offered by teachers credentialed in an American Indian language, or culture, or both, who have three or more years of teaching experience. The technical assistance program may consist of direct classroom observation and consultation, assistance in instructional planning and preparation, support in implementation and delivery of classroom instruction, and other assistance intended to enhance the professional performance and development of the teacher of an American Indian language, or culture, or both. +(g) Public school personnel responsible for evaluating teachers, in accordance with local governing board policy, shall provide individuals employed to teach on the basis of the American Indian language-culture credential with information on the teaching personnel evaluation process and the California Standards for the Teaching Profession. +(h) For a candidate who has already received an American Indian languages credential before the effective date of this section, the tribe that recommended the candidate for the American Indian languages credential shall determine if the candidate may add the American Indian culture authorization to the preexisting languages credential, or if the candidate must reapply for the American Indian culture authorization as a new initial credential pursuant to subdivision (a). +SEC. 2. +Section 1 of Chapter 324 of the Statutes of 2009 is amended to read: +Section 1. +The Legislature finds and declares the following: +(a) Teaching American Indian language and culture is essential to the proper education of American Indian children. +(b) Preserving American Indian language and culture is an important part of our national heritage and can be of value to all Americans.","Existing law authorizes the Commission on Teacher Credentialing, among other things, to establish professional standards, assessments, and examinations for entry and advancement in the education profession. Existing law requires the commission, upon recommendation by a tribal government of a federally recognized Indian tribe in California, to issue an American Indian languages credential to a candidate who has demonstrated fluency in that tribal language and met other requirements. +This bill would instead require the commission, upon recommendation by a tribal government of a federally recognized Indian tribe in California, to issue an American Indian language-culture credential with an American Indian language authorization, or an American Indian culture authorization, or both, to a candidate who has met specified requirements. The bill would authorize the holder of an American Indian language-culture credential to teach the American Indian language, or culture, or both, for which the credential was issued in California public schools in preschool, kindergarten, grades 1 to 12, inclusive, and in adult education courses, and would make the holder of that credential eligible for a clear teaching credential after 5 years, upon application and the recommendation of the tribal government, as specified. The bill would encourage each federally recognized American Indian tribe to develop a written and oral assessment that should be successfully completed before an applicant is recommended for an American Indian language-culture credential with an American Indian language authorization, American Indian culture authorization, or both, as provided.","An act to amend Section 44262.5 of the Education Code, and to amend Section 1 of Chapter 324 of the Statutes of 2009, relating to teacher credentialing." +441,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 125000 of the Health and Safety Code is amended to read: +125000. +(a) (1) It is the policy of the State of California to make every effort to detect, as early as possible, phenylketonuria and other preventable heritable or congenital disorders leading to intellectual disability or physical defects. +(2) The department shall establish a genetic disease unit, that shall coordinate all programs of the department in the area of genetic disease. The unit shall promote a statewide program of information, testing, and counseling services and shall have the responsibility of designating tests and regulations to be used in executing this program. +(3) The information, tests, and counseling for children shall be in accordance with accepted medical practices and shall be administered to each child born in California. The department shall provide information about the tests and shall obtain a signed informational acknowledgment form for the receipt of information by the parent or guardian of a newborn child regarding the storage, retention, and use of the newborn child’s blood sample for medical research. The department shall establish appropriate regulations and testing methods. The information, tests, and counseling for pregnant women shall be in accordance with accepted medical practices and shall be offered to each pregnant woman in California once the department has established appropriate regulations and testing methods. These regulations shall follow the standards and principles specified in Section 124980. The department may provide laboratory testing facilities or contract with any laboratory that it deems qualified to conduct tests required under this section. However, notwithstanding former Section 125005, provision of laboratory testing facilities by the department shall be contingent upon the provision of funding therefor by specific appropriation to the Genetic Disease Testing Fund enacted by the Legislature. If moneys appropriated for purposes of this section are not authorized for expenditure to provide laboratory facilities, the department may nevertheless contract to provide laboratory testing services pursuant to this section and shall perform laboratory services, including, but not limited to, quality control, confirmatory, and emergency testing, necessary to ensure the objectives of this program. +(b) The department shall charge a fee for any tests performed pursuant to this section. The amount of the fee shall be established and periodically adjusted by the director in order to meet the reasonable costs of this section. +(c) The department shall inform all hospitals or physicians and surgeons, or both, of required regulations and tests and may alter or withdraw any of these requirements whenever sound medical practice so indicates. To the extent practicable, the department shall provide notice to hospitals and other payers in advance of an increase in the fees charged for the program. +(d) This section shall not apply if a parent or guardian of a newborn child objects to a test on the ground that the test conflicts with his or her religious beliefs or practices. +(e) The genetic disease unit is authorized to make grants or contracts or payments to vendors approved by the department for all of the following: +(1) Testing and counseling services. +(2) Demonstration projects to determine the desirability and feasibility of additional tests or new genetic services. +(3) To initiate the development of genetic services in areas of need. +(4) To purchase or provide genetic services from any sums as are appropriated for this purpose. +(f) (1) The genetic disease unit shall evaluate and prepare recommendations on the implementation of tests for the detection of hereditary and congenital diseases, including, but not limited to, biotinidase deficiency and cystic fibrosis. The genetic disease unit shall also evaluate and prepare recommendations on the availability and effectiveness of preventative followup interventions, including the use of specialized medically necessary dietary products. +(2) It is the intent of the Legislature that funds for the support of the evaluations and recommendations required pursuant to this subdivision, and for the activities authorized pursuant to subdivision (e), shall be provided in the annual Budget Act appropriation from the Genetic Disease Testing Fund. +(g) Health care providers that contract with a prepaid group practice health care service plan that annually has at least 20,000 births among its membership, may provide, without contracting with the department, any or all of the testing and counseling services required to be provided under this section or the regulations adopted pursuant thereto, if the services meet the quality standards and adhere to the regulations established by the department, the plan pays that portion of a fee established under this section that is directly attributable to the department’s reasonable cost of administering the testing or counseling service and attributable to any required testing or counseling services provided by the state for plan members. The payment by the plan, as provided in this subdivision, shall be deemed to fulfill any obligation the provider or the provider’s patient may have to the department to pay a fee in connection with the testing or counseling service. +(h) The department may appoint experts in the area of genetic screening, including, but not limited to, cytogenetics, molecular biology, prenatal, specimen collection, and ultrasound, to provide expert advice and opinion on the interpretation and enforcement of regulations adopted pursuant to this section. These experts shall be designated agents of the state with respect to their assignments. These experts shall not receive a salary, but shall be reimbursed for expenses associated with the purposes of this section. All expenses of the experts for the purposes of this section shall be paid from the Genetic Disease Testing Fund. +(i) A parent or legal guardian of a minor may request the department +to +destroy the blood sample of the minor collected as a newborn, or not use it for research purposes, or both, and the department shall comply with that request. +If the parent or legal guardian making the request provides his or her e-mail address, the department shall send an e-mail acknowledging that the department received the request. +(j) An individual who is at least 18 years of age may request the department +to +destroy his or her blood sample that was collected as a newborn, or not use it for research purposes, or both, and the department shall comply with that request. +If the individual making the request provides his or her e-mail address, the department shall send an e-mail acknowledging that the department received the request. +SEC. 2. +Section 125003 is added to the Health and Safety Code, to read: +125003. +(a) The department shall prepare and provide informational materials regarding newborn child blood samples collected pursuant to this article that include, but are not limited to, all of the following: +(1) A brief, plain language explanation of, and the purpose for, the newborn child screening test and the storage, retention, and use of newborn child blood samples collected pursuant to this article. +(2) A description of the benefits of both early newborn child screening and the associated research undertaken regarding preventable heritable or congenital disorders. +(3) A description of the California Biobank Program, specifically as it pertains to the Genetic Disease Screening Program, and subsequent storage, retention, and use of the newborn child’s blood sample for medical research. +(4) An explanation of the parent’s or legal guardian’s right to request that his or her minor child’s blood sample be destroyed or not used for research purposes, or both, and the information necessary to make that request. +(5) A statement that an individual who is at least 18 years of age has the right to request that his or her blood sample be destroyed or not used for research purposes, or both, and the information necessary to make that request. +(b) These informational materials shall be confined to a single page and presented in a separate document from the standard informational acceptance form required in Section 125004. +SEC. 3. +Section 125004 is added to the Health and Safety Code, to read: +125004. +(a) The department shall prepare a standard informational acceptance form that includes all of the following: +(1) A brief, plain language explanation of, and the purpose for, the newborn child screening test and retention of newborn child blood samples collected pursuant to this article. +(2) An explanation of the parent’s or legal guardian’s right to request that his or her minor child’s blood sample be destroyed or not used for research purposes, or both, and the information necessary to make that request. +(3) A space for the parent or legal guardian of the newborn child to acknowledge receipt of informational materials regarding the storage, retention, and use of the newborn child’s blood sample for medical research. +(4) A space for the parent or legal guardian of the newborn child to sign and date the form. +(b) The standard informational acceptance form shall be confined to a single page and presented in a separate document from the informational materials required in Section 125003. +(c) A copy of the standard informational acceptance form shall be maintained in the medical record of the mother of the newborn child. +(d) As used in this article, “informational acceptance form” means a written acknowledgment of received informational materials, signed and dated by a parent or legal guardian of a newborn child. +(e) In the event that there is no signed standard informational acceptance form retained in the mother’s medical record, the newborn child shall be administered the genetic screening test and the newborn child blood sample shall be stored and retained for medical research pursuant to Section 125000. +SEC. 4. +Section 125005 is added to the Health and Safety Code, to read: +125005. +(a) The department shall provide a parent or legal guardian with the informational materials described in Section 125003 and the standard informational acceptance form described in Section 125004 regarding the retention of newborn child blood samples collected pursuant to this article. +(b) The informational materials and standard informational acceptance form described in Section 125004 shall be distributed as follows: +(1) A birth attendant engaged in providing perinatal care shall provide a pregnant woman, prior to the estimated date of delivery, with a copy of the informational materials and a copy of the standard informational acceptance form provided by the department. +(2) If the informational materials or standard informational acceptance form has not been provided pursuant to paragraph (1), a perinatal licensed health facility shall provide each pregnant woman admitted for delivery with a copy of the informational materials and a copy of the standard informational acceptance form provided by the department. +(3) The local registrar of births and deaths shall provide a copy of the informational material and a copy of the standard informational acceptance form provided by the department to each person registering the birth of a newborn that occurred outside of a perinatal licensed health facility when the newborn was not admitted to a perinatal licensed health facility within the first 30 days of age. The local registrar of births and deaths shall notify the local health officer and the department of each of these registrations. +(c) For the purposes of this section, the following terms shall have the following meanings: +(1) “Birth attendant” means a person licensed or certified by the state to provide maternity care and to deliver pregnant women or to practice medicine. +(2) “Perinatal licensed health facility” means a health facility licensed by the state and approved to provide perinatal, delivery, newborn intensive care, newborn nursery, or pediatric services. +SEC. 5. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the State Department of Public Health to establish a program for the development, provision, and evaluation of genetic disease testing, and the program is required to provide genetic screening and followup services for persons who have the screening. The program includes statewide screening of newborn children through the collection of blood samples, unless the parent or guardian objects on the grounds of religious beliefs or practices. +This bill would require the department to provide information about the testing program, and to obtain a form signed by the parent or guardian acknowledging receiving information regarding the storage, retention, and use of the newborn child’s blood sample for medical research. The bill would authorize a parent or guardian of a minor child, and the newborn child, once he or she is at least 18 years of age, to request that the department destroy the blood sample, not use it for research purposes, or both, and the bill would require the department to comply with the request. +The bill would require the department, if the individual making a request to destroy the blood sample or to not use it for research purposes provides his or her e-mail address, to send an e-mail to the individual acknowledging that the department received the request. +The bill would also require the department to prepare and provide informational materials regarding the same information about the newborn child’s blood sample collected pursuant to the program, information on storage, retention, and use of the blood sample for medical research, and the right of specified persons to request that the blood sample be destroyed or not used for research purposes in a separate, single-page format. The bill would also require the department to prepare and provide a standard informational acceptance form, that includes, among other things, a brief, plain language explanation of, and the purpose for, the newborn child screening test and retention of newborn child blood samples. The bill would require the informational acceptance form to be provided to, and signed by, the parent or guardian when either version of the informational materials is provided. The bill would require specified persons to distribute the informational material and the informational acceptance form, including requiring the local registrar of births to provide a copy of the informational material and a copy of the standard informational acceptance form to each person registering the birth of a newborn that occurred outside of a perinatal licensed health facility, as specified. The bill would also require the local registrar to notify the local health officer and the department of each of these registrations by the local registrar. By imposing additional duties on local registrars of births, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 125000 of, and to add Sections 125003, 125004, and 125005 to, the Health and Safety Code, relating to newborn screening." +442,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 972.1 of the Military and Veterans Code, as amended by Section 2 of Chapter 401 of the Statutes of 2012, is repealed. +972.1. +(a)The sum of five hundred thousand dollars ($500,000) is hereby appropriated from the General Fund to the Department of Veterans Affairs for allocation, during the 1989–90 fiscal year, for purposes of funding the activities of county veterans service officers pursuant to this section. Funds for allocation in future years shall be as provided in the annual Budget Act. +(b)Funds shall be disbursed each fiscal year on a pro rata basis to counties that have established and maintain a county veterans service officer in accordance with the staffing level and workload of each county veterans service officer under a formula based upon performance that shall be developed by the Department of Veterans Affairs for these purposes, and that shall allocate county funds in any fiscal year for county veterans service officers in an amount not less than the amount allocated in the 1988–89 fiscal year. +(c)The department shall annually determine the amount of new or increased monetary benefits paid to eligible veterans by the federal government attributable to the assistance of county veterans service officers. The department shall, on or before October 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The Department of Finance shall review the department’s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year. +(d)(1)The Legislature finds and declares that 50 percent of the amount annually budgeted for county veterans service officers is approximately eleven million dollars ($11,000,000). The Legislature further finds and declares that it is an efficient and reasonable use of state funds to increase the annual budget for county veterans service officers in an amount not to exceed eleven million dollars ($11,000,000) if it is justified by the monetary benefits to the state’s veterans attributable to the effort of these officers. +(2)It is the intent of the Legislature, after reviewing the department’s determination in subdivision (c), to consider an increase in the annual budget for county veterans service officers in an amount not to exceed five million dollars ($5,000,000), if the monetary benefits to the state’s veterans attributable to the assistance of county veteran service officers justify that increase in the budget. +(e)This section shall become operative January 1, 2016. +SEC. 2. +Section 972.1 is added to the Military and Veterans Code, to read: +972.1. +(a) The Department of Veterans Affairs shall, no later than July 1, 2016, develop an allocation formula based upon performance standards that encourage innovation and reward outstanding service by county veterans service officers. Upon appropriation by the Legislature of moneys for this purpose, the moneys shall be allocated each fiscal year in accordance with that formula among only those counties that, in the discretion of the secretary, comply with the following requirements: +(1) Establish and maintain a county veterans service officer, pursuant to Section 970. +(2) Collect and report all information required by the department in accordance with departmental regulations. +(3) Comply with the training and accreditation standards for county veterans service officers and veteran service representatives as may be set by the department. +(4) Require county veterans service officers and veteran service representatives to become accredited with the department for the purpose of providing representation services to claimants before the United States Department of Veterans Affairs within 18 months of the commencement of his or her employment, or on or before June 1, 2017, whichever date is later. +(b) The department shall annually report to the Legislature the efficacy, return on investment, work volume, and regional impact of the subvention funds on each county that receives those funds. The department shall, in addition to the requirements of Section 974, annually determine information including, but not limited to, the following: +(1) The amount of new or increased monetary benefits paid to eligible veterans by the federal government attributable to the assistance of county veterans service officers and the basis for that determination. +(2) The amount paid to each county, including the amounts paid to each county for each category of workload unit included in the allocation formula. +(3) An evaluation as to each county’s use of subvention funds, including recommendations for improvement of each county’s use of subvention funds. +(c) The department shall, on or before October 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The Department of Finance shall review the department’s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year. The department may combine this report with the report required by Section 974. +(d) For the purposes of this section, “workload unit” means a specific claim activity that is used to allocate subvention funds to counties, which is approved by the department, and performed by county veterans service officers. +(e) It is the intent of the Legislature that the department revise the allocation formula pursuant to this section on a regular basis to adjust for changes in veteran demographics and veteran needs. +SECTION 1. +The Legislature finds and declares all of the following: +(a)The recent conflicts in Iraq and Afghanistan are creating an entirely new generation of veterans who may be eligible for federal veterans benefits because of their war service and their physical and mental conditions. +(b)Californians make up to 10 percent of the federal military forces used in these conflicts. Furthermore, the California National Guard and California-based reserve units have contributed significantly to these current conflicts. +(c)Many of these returning California veterans are not aware of the federal and state benefits that are available to them. +(d)Additionally, it is estimated that in California there may be over two million veterans, and their widows or widowers, who are unaware that they may be eligible for pensions from the federal government based upon their, or their spouses’, past military service in World War II, Korea, Vietnam, or the Gulf War. +(e)California’s county veterans service officers are the initial local point of contact for claimants accessing the United States Department of Veterans Affairs. +(f)The costs of maintaining county veterans service officers are shared from county general funds and state reimbursement to the counties. In 1997, in order to track performance, the Legislature enacted and the Governor signed into law Senate Bill 608, enacted as Chapter 318 of the Statutes of 1997, which required the California Department of Veterans Affairs to annually report the amount of monetary benefits paid to veterans by the federal government that were attributable to the assistance of county veterans service officers. Senate Bill 608 also required the Department of Finance to consider an increase in the annual budget for county veterans service officers of up to $5 million, if approved in the annual budget process. In 2009, the Legislature enacted and the Governor signed into law Senate Bill 419 enacted as Chapter 183 of the Statutes of 2009, which raised this amount to $11 million, if approved in the annual budget process. +(g)As a result of this annual reporting, by the end of 2013, it had been determined that from 1995 to 2013, inclusive, the state had cumulatively budgeted $41.4 million for its share of the cost of the county veterans service officers. As a result of this investment, county veteran service officers were able to assist local veterans in obtaining $4.1 billion, in new federal moneys. This is a return of about $98 for every $1 the state allocates to county veterans service officers. Furthermore, the $4.1 billion only reflects the actual monetary benefits qualified for in a given year. The monetary benefits qualified for in prior years are not tracked, yet the veterans and their dependents may continue to receive those benefits for the rest of their lives. Added to this stellar return on the state’s investment, but not counted in the annual reporting, are the Medi-Cal cost avoidance savings incurred as a result of county veterans service officers qualifying and shifting veterans away from Medi-Cal and into the appropriate federal veterans program. +(h)The county veterans service officers had accomplished all of this without ever reaching the allowable state budget allocation of $11 million, set in 2009. To date, the county veterans service officers have not received more than $5.6 million per year from the state. +(i)It is critical that the county veterans service officers receive a steady stream of funding because there continues to be a large number of underserved veterans and their dependents who are not aware of the federal benefits available to them as a result of their military service. Studies from other states have shown that increases in county veterans service officers have resulted in larger amounts of federal moneys to veterans. These new federal moneys and benefits are paid directly from the United States Department of Veterans Affairs to the qualifying veteran or their dependent and are used in the local economy. +SEC. 2. +Section 972.1 of the +Military and Veterans Code +, as amended by Section 3 of Chapter 401 of the Statutes of 2012, is amended to read: +972.1. +(a)Funds shall be disbursed each fiscal year on a pro rata basis to counties that have established and maintain a county veterans service officer in accordance with the staffing level and workload of each county veterans service officer under a formula based upon performance that shall be developed by the Department of Veterans Affairs for these purposes. +(1)For the purposes of this section, “workload unit” means a specific claim activity that is used to allocate subvention funds to counties, which is approved by the department, and performed by county veterans service officers. +(2)For the purposes of this subdivision, the department, by June 30, 2013, shall develop a performance-based formula that will incentivize county veterans service officers to perform workload units that help veterans access federal compensation and pension benefits and other benefits, in order to maximize the amount of federal money received by California veterans. +(b)The department shall annually determine the amount of new or increased monetary benefits paid to eligible veterans by the federal government attributable to the assistance of county veterans service officers. The department shall, on or before October 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The Department of Finance shall review the department’s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year. +(c)The department shall conduct a review of the high-performing and low-performing county veterans service officers, and, based on this review, shall produce a best-practices manual for county veterans service officers by June 30, 2013. +(d)The Legislature finds and declares that it is an efficient and reasonable use of state funds to increase the annual budget for county veterans service officers up to a total of eleven million dollars ($11,000,000) if it is justified by the monetary benefits to the state’s veterans attributable to the effort of these officers. +(e)This section shall remain in effect only until January 1, 2016, and as of that date is repealed. +SEC. 3. +Section 972.1 of the +Military and Veterans Code +, as amended by Section 2 of Chapter 401 of the Statutes of 2012, is amended to read: +972.1. +(a)Funds shall be disbursed each fiscal year on a pro rata basis to counties that have established and maintain a county veterans service officer in accordance with the staffing level and workload of each county veterans service officer under a formula based upon performance that shall be developed by the Department of Veterans Affairs for these purposes, and that shall allocate county funds in any fiscal year for county veterans service officers in an amount not less than five million six hundred thousand dollars ($5,600,000). +(b)The department shall annually determine the amount of new or increased monetary benefits paid to eligible veterans by the federal government attributable to the assistance of county veterans service officers. The department shall, on or before October 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The Department of Finance shall review the department’s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year. +(c)The Legislature finds and declares that it is an efficient and reasonable use of state funds to increase the annual budget for county veterans service officers up to a total of eleven million dollars ($11,000,000) if it is justified by the monetary benefits to the state’s veterans attributable to the effort of these officers. +(d)This section shall become operative January 1, 2016. +SEC. 4. +Section 972.3 is added to the +Military and Veterans Code +, to read: +972.3. +(a)Notwithstanding Section 13340 of the Government Code, the sum of five million six hundred thousand dollars ($5,600,000) is hereby appropriated annually from the General Fund each fiscal year commencing July 1, 2015, to the Department of Veterans Affairs to be available for allocation to counties to fund the activities of county veterans service officers pursuant to subdivision (a) of Section 972.1. Moneys appropriated pursuant to this subdivision shall only be available for encumbrance and expenditure for one year after the date upon which it first becomes available for encumbrance. +(b)The Department of Veterans Affairs shall, no later than July 1, 2016, develop an allocation formula based upon performance standards that encourage innovation and reward outstanding service by county veterans service officers. Moneys appropriated for this purpose shall be allocated each fiscal year in accordance with that formula among those counties that have established and maintained a county veterans service officer pursuant to Section 970. +SEC. 5. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +Approximately 50 percent of the current General Fund appropriation in support of county veteran service offices operations expires on June 30, 2015. In order to provide for continuity of services critical to the successful reintegration of California’s veterans, to increase California’s utilization of veteran benefits, and to ensure veteran’s claims for benefits are processed in a timely manner, it is necessary that this act take effect immediately.","Existing law requires the Department of Veterans Affairs to disburse funds, appropriated to the department for the purpose of supporting county veterans service officers pursuant to the annual Budget Act, on a pro rata basis, to +counties +a county +that +comply +complies +with certain conditions. +This bill would +appropriate on an annual basis the sum of $5,600,000 from the General Fund to the Department of Veterans Affairs to be available for allocation to counties to fund the activities of county veterans service officers, as specified. The bill would specify that the money appropriated would only be available for encumbrance and expenditure for one year. The bill would +require the department, no later than July 1, 2016, to develop an allocation formula based upon performance standards that encourage innovation and reward outstanding service by county veterans service officers, and would require those +continuously appropriated +moneys to be +allocated +allocated, upon appropriation by the Legislature, +in accordance with that formula, as specified. +The bill would require the department to annually report to the Legislature the efficacy, return on investment, work volume, and regional impact of the subvention funds on each county that receives those funds, as specified. +The bill would also delete obsolete provisions and would make conforming changes. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to +amend Section 972.1 of, and to add Section 972.3 to, +repeal and add Section 972.1 of +the Military and Veterans Code, relating to +veterans, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. +veterans." +443,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The federal Patient Protection and Affordable Care Act provides millions of previously uninsured Californians access to health services, including physician care. As a result of this additional demand for physician services, the projected statewide physician shortfall is 17,000 for 2015. +(b) The San Joaquin Valley, which runs from Stockton to Bakersfield, is rich in cultural diversity and is the nation’s leading agricultural region. However, the valley is disproportionately affected by the state’s physician shortage, which is expected to intensify in the years ahead given the high rate of population growth in the area. Access to health care is 31 percent lower in the San Joaquin Valley than in the rest of California. +(c) Several regions of the San Joaquin Valley are federally designated Medically Underserved Areas (MUAs). The calculation of MUAs involves four variables: the ratio of primary medical care physicians per 1,000 population, the infant mortality rate, the percentage of the population with incomes below the poverty level, and the percentage of the population 65 years of age or over. +(d) To help address California’s physician workforce needs, the Regents of the University of California engaged in a comprehensive strategic planning process and, in May 2008, approved moving forward with planning efforts leading to the development of a possible medical school at the campus of the University of California, Merced (UC Merced). At that time, the regents also approved moving forward with other preparations, such as planning for the initial basic sciences and clinical infrastructure. Upon completion of these and other activities, the regents envisioned that a formal proposal to establish a new medical school eventually could be developed. +(e) The medical schools of the University of California, including a possible future medical school at UC Merced, will play an important role in addressing California’s physician shortages. +(f) Medical education and a possible future UC Merced School of Medicine will further contribute to the economic growth of the San Joaquin Valley and the state, as well as expand educational opportunities for valley residents, and will further support UC Merced’s trajectory toward becoming a top-tier university. +(g) UC Merced’s San Joaquin Valley Program in Medical Education (PRIME) is providing a key interim resource for training valley health care providers. This program accomplishes all of the following: +(1) Strengthens the desire for new physicians to practice in the San Joaquin Valley, which is one of California’s most medically underserved areas. +(2) Reduces health disparities and inequalities in the San Joaquin Valley. +(3) Forms lasting relationships between the program and communities, hospitals, clinics, and physicians to enhance health care in the region. +(h) Students who take part in PRIME benefit from firsthand experience with interdisciplinary health care by providing care in medically underserved communities, working with patients and families from culturally diverse backgrounds, and developing a true understanding of the issues and conditions that impact access to and quality of health care in the region. +(i) Despite its numerous benefits for its region, PRIME lacks an ongoing source of funding for its current enrollment as well as the financial resources to expand capacity to meet the needs of the valley. +(j) Given the San Joaquin Valley’s health care needs and the critical role that a possible future medical school at UC Merced would play in addressing those needs, it is essential for the State of California to continue developing the valley’s health care resources by sustaining the current PRIME enrollment, expanding that program’s capacity, and continuing to move toward the establishment of a medical school at UC Merced. +SEC. 2. +The sum of one million +eight +two +hundred fifty-five thousand dollars +($1,855,000) +($1,255,000) +is hereby appropriated from the General Fund to the Regents of the University of California each fiscal year, commencing with the 2016–17 fiscal year, for allocation to the University of California to support expansion of the San Joaquin Valley PRIME program to admit up to 12 students per year and operate the program with up to 48 student participants from across the four-year curriculum annually. +SEC. 3. +The sum of one million dollars ($1,000,000) is hereby appropriated from the General Fund to the Regents of the University of California during the 2016—17 fiscal year for allocation to the University of California, to support a two-year planning effort geared toward the establishment of a separate traditional medical school at the University of California, Merced. The effort shall include determination of the necessary program components such as basic and clinical science courses, curriculum, capital needs, one-time and ongoing operational funding, student support services, and other necessary components. The University of California shall submit a report to the appropriate policy and fiscal committees of the Legislature by March 1, 2019, summarizing its planning efforts and providing recommendations and estimates for the infrastructure, personnel, and funding, and time necessary to establish and maintain such a program.","Existing provisions of the California Constitution establish the University of California as a public trust under the administration of the Regents of the University of California. The University of California system includes 10 campuses, which are located in Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz. +This bill would express findings and declarations of the Legislature relating to the role of the University of California with respect to access to health care in the San Joaquin Valley. +The bill would appropriate +$1,855,000 +$1,255,000 +from the General Fund to the regents each fiscal year, commencing with the 2016–17 fiscal year, for allocation to the University of California to support expansion of the San Joaquin Valley Program in Medical Education, as specified. +The bill would appropriate $1,000,000 from the General Fund to the Regents of the University of California during the 2016–17 fiscal year for allocation to the University of California to support a 2-year planning effort geared toward the establishment of a separate traditional medical school at the University of California, Merced, as specified.","An act relating to the University of California, and making an appropriation therefor." +444,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25500.5 of the Public Resources Code is amended to read: +25500.5. +The commission shall certify sufficient sites and related facilities +which +that +are required to provide a supply of +electric power +electricity +sufficient to +accomodate +accommodate +the demand projected in the most recent forecast of statewide and service area +electric power +electricity +demands adopted pursuant to subdivision (b) of Section 25309. +SEC. 2. +Section 25514 of the Public Resources Code is amended to read: +25514. +After conclusion of the hearings held pursuant to Section 25513 and no later than 300 days after the filing of the notice, a final report shall be prepared and distributed. The final report shall include, but not be limited to, all of the following: +(a) The findings and conclusions of the commission regarding the conformity of alternative sites and related facilities designated in the notice or considered in the notice of intention proceeding with both of the following: +(1) The 12-year forecast of statewide and service area +electric power +electricity +demands adopted pursuant to subdivision (e) of Section 25305, except as provided in Section 25514.5. +(2) Applicable local, regional, state, and federal standards, ordinances, and laws, including any long-range land use plans or guidelines adopted by the state or by any local or regional planning agency, which would be applicable but for the exclusive authority of the commission to certify sites and related facilities; and the standards adopted by the commission pursuant to Section 25216.3. +(b) Any findings and comments submitted by the California Coastal Commission pursuant to Section 25507 and subdivision (d) of Section 30413. +(c) Any findings and comments submitted by the San Francisco Bay Conservation and Development Commission pursuant to Section 25507 of this code and subdivision (d) of Section 66645 of the Government Code. +(d) The commission’s findings on the acceptability and relative merit of each alternative siting proposal designated in the notice or presented at the hearings and reviewed by the commission. The specific findings of relative merit shall be made pursuant to Sections 25502 to 25516, inclusive. In its findings on any alternative siting proposal, the commission may specify modification in the design, construction, location, or other conditions which will meet the standards, policies, and guidelines established by the commission. +(e) Findings and conclusions with respect to the safety and reliability of the facility or facilities at each of the sites designated in the notice, as determined by the commission pursuant to Section 25511, and any conditions, modifications, or criteria proposed for any site and related facility proposal resulting from the findings and conclusions. +(f) Findings and conclusions as to whether increased property taxes due to the construction of the project are sufficient to support needed local improvements and public services required to serve the project. +SEC. 3. +Section 25514.5 of the Public Resources Code is amended to read: +25514.5. +In considering the acceptability of a site proposed to accommodate ultimately additional +power-generating +electrical generating +capacity, the commission, in determining, pursuant to Sections 25514 and 25512, the conformity of the facilities proposed in the notice with the 12-year forecast of statewide and service area +electric power +electricity +demands adopted pursuant to subdivision (e) of Section 25305, shall base its determination only on such initial facilities as are proposed for operation within the forthcoming 12-year period. Additional facilities projected to be operating at the site at a time beyond the forthcoming 12-year period shall not be considered in the determination of conformity with the +electric power +electricity +demand forecast. +SEC. 4. +Section 25516 of the Public Resources Code is amended to read: +25516. +(a) +The approval of the notice by the commission shall be based upon findings pursuant to Section 25514. The notice shall not be approved unless the commission finds at least two alternative site and related facility proposals considered in the commission’s final report as acceptable. If the commission does not find at least two sites and related facilities acceptable, additional sites and related facilities may be proposed by the applicant which shall be considered in the same manner as those proposed in the original notice. +(b) +If the commission finds that a good faith effort has been made by the person submitting the notice to find an acceptable alternative site and related facility and that there is only one acceptable site and related facility among those submitted, the commission may approve the notice based on the one site and related facility. If a notice is approved based on one site and related facility, the commission may require a new notice to be filed to identify acceptable alternative sites and related facilities for the one site and related facility approved unless suitable alternative sites and related facilities have been approved by the commission in previous notice of intention proceedings. +(c) +If the commission finds that additional +electric +electrical +generating capacity is needed to accommodate the +electric power +electricity +demand forecast pursuant to subdivision (e) of Section 25305 and, after the commission finds that a good faith effort was made by the person submitting the notice to propose an acceptable site and related facility, it fails to find any proposed site and related facility to be acceptable, the commission shall designate, at the request of and at the expense of the person submitting the notice, a feasible site and related facility for providing the needed +electric +electrical +generating capacity. +SEC. 5. +Section 740.3 of the Public Utilities Code is amended to read: +740.3. +(a) The commission, in cooperation with the +State Energy Conservation and Development +Energy +Commission, the State Air Resources Board, air quality management districts and air pollution control districts, regulated electrical and gas corporations, and the motor vehicle industry, shall evaluate and implement policies to promote the development of equipment and infrastructure needed to facilitate the use of +electric power +electricity +and natural gas to fuel low-emission vehicles. Policies to be considered shall include both of the following: +(1) The sale-for-resale and the rate-basing of low-emission vehicles and supporting equipment such as batteries for electric vehicles and compressor stations for natural gas fueled vehicles. +(2) The development of statewide standards for electric vehicle charger connections and compressed natural gas vehicle fueling connections, including installation procedures and technical assistance to installers. +(b) The commission shall hold public hearings as part of its effort to evaluate and implement the new policies considered in subdivision (a), and shall provide a progress report to the Legislature by January 30, 1993, and every two years thereafter, concerning policies on rates, equipment, and infrastructure implemented by the commission and other state agencies, federal and local governmental agencies, and private industry to facilitate the use of +electric power +electricity +and natural gas to fuel low-emission vehicles. +(c) The commission’s policies authorizing utilities to develop equipment or infrastructure needed for electric-powered and natural gas-fueled low-emission vehicles shall ensure that the costs and expenses of those programs are not passed through to electric or gas ratepayers unless the commission finds and determines that those programs are in the ratepayers’ interest. The commission’s policies shall also ensure that utilities do not unfairly compete with nonutility enterprises.","The Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission and requires it to certify sufficient sites and related facilities that are required to provide a supply of electricity sufficient to accommodate projected demand for electricity in that commission’s most recent forecast of statewide and service area electricity demand. +This bill would make nonsubstantive revisions to the State Energy Resources Conservation and Development Commission’s certification requirements. +Existing law requires the Public Utilities Commission, in cooperation with the State Energy Resources Conservation and Development Commission, the State Air Resources Board, air quality management districts and air pollution control districts, electrical and gas corporations, and the motor vehicle industry, to evaluate and implement policies to promote the development of equipment and infrastructure needed to facilitate the use of electricity and natural gas to fuel low-emission vehicles. +This bill would make nonsubstantive revisions to these requirements of the Public Utilities Commission.","An act to amend Sections 25500.5, 25514, 25514.5, and 25516 of the Public Resources Code, and to amend Section 740.3 of the Public Utilities Code, relating to electricity." +445,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 66027.1 is added to the Education Code, to read: +66027.1. +(a) On or after July 1, 2016, whenever the Board of Governors of the California Community Colleges, the Trustees of the California State University, or the Regents of the University of California collect demographic data as to the ancestry or ethnic origin of students for a report that includes student admission, enrollment, completion, or graduation rates, the entity shall use separate collection categories and tabulations in accordance with the following: +(1) No later than 18 months after a decennial United States Census is released to the public, each entity shall use the collection and tabulation categories for Asian, Native Hawaiian, and Pacific Islander groups as they are reported by the United States Census Bureau. +(2) The categories used by each entity for Asian, Native American, and Pacific Islander groups, to the extent not already required pursuant to paragraph (1), shall also include the following: +(A) Additional major Asian groups, including, but not limited to, Bangladeshi, Cambodian, Hmong, Indonesian, Laotian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai. +(B) Additional major Native Hawaiian and Pacific Islander groups, including, but not limited to, Fijian and Tongan. +(3) Until the release of the next decennial United States Census following the enactment of this section, each entity shall use the collection and tabulation categories for Asian, Native Hawaiian, and Pacific Islander groups that the entity used as of January 1, 2015. +(4) Each entity shall comply with the Family Educational Rights and Privacy Act and shall observe criteria for ensuring statistical significance of data collected and published. +(b) Each entity shall make the demographic data specified in subdivision (a) publicly available, except for personal identifying information, which shall be deemed confidential, by posting the data on the applicable entity’s Internet Web site by July 1, 2016, and shall update the data annually thereafter. This subdivision shall not be construed to prevent any other state agency from posting data collected as specified in subdivision (a) on the state agency’s Internet Web site, in a manner prescribed by this section or Section 8310.5 or 8310.7 of the Government Code. +(c) As used in this section, “entity” means the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California. +(d) This section shall not apply to demographic data of graduate or professional schools of the University of California. +(e) This section shall apply to the University of California only if the Regents of the University of California, by resolution, make it applicable. +SEC. 2. +Section 8310.7 of the Government Code is amended to read: +8310.7. +(a) This section shall only apply to the following state agencies: +(1) The Department of Industrial Relations. +(2) The Department of Fair Employment and Housing. +(3) The Department of Managed Health Care, on or after July 1, 2016, whenever collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes the type and amount of health care coverage, rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy rates, or housing numbers. +(b) In addition to the duties imposed under Section 8310.5, the state agencies described in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, shall collect and tabulate data for the following: +(1) Additional major Asian groups, including, but not limited to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai. +(2) Additional major Native Hawaiian and other Pacific Islander groups, including, but not limited to, Fijian and Tongan. +(c) The state agencies identified in subdivision (a) shall make any data collected pursuant to subdivision (b) publicly available, except for personal identifying information, which shall be deemed confidential, by posting the data on the Internet Web site of the agency on or before July 1, 2012, and annually thereafter. This subdivision shall not be construed to prevent any other state agency from posting data collected pursuant to subdivision (b) on the agency’s Internet Web site, in the manner prescribed by this section. +(d) The state agencies identified in subdivision (a) shall, within 18 months after a decennial United States Census is released to the public, update their data collection to reflect the additional Asian groups and additional Native Hawaiian and Pacific Islander groups as they are reported by the United States Census Bureau. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the State, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires any state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for specified Asian groups and Pacific Islander groups, and requires a state agency, board, or commission to include data on specified collection categories and tabulations in every demographic report on ancestry or ethnic origins of California residents that it publishes or releases. Existing law requires specified agencies to use additional separate collection categories and other tabulations for major Asian groups and Native Hawaiian and other Pacific Islander groups, and also requires those agencies to take additional actions, including, among other things, posting, and annually updating, the demographic data collected on their Internet Web sites, and updating the reporting categories to reflect these Asian and Pacific Islander groups as they are reported for the 2020 decennial census. +This bill would require the updating of the reporting categories for future decennial censuses. The bill would require, on or after July 1, 2016, the Department of Managed Health Care to use the additional separate collection categories and other tabulations for specified Asian groups and Pacific Islander groups, and to take additional actions as specified above, under certain circumstances. +This bill would, on and after July 1, 2016, require the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California, whenever those entities collect demographic data as to the ancestry or ethnic origin of students for a report that includes student admission, enrollment, completion, or graduation rates, to use specified collection and tabulation categories for Asian, Native Hawaiian, and Pacific Islander groups, as specified. The bill would require each entity specified above to make this demographic data publicly available by posting the data on the applicable entity’s Internet Web site and would require the updating of the reporting categories for each decennial census. The bill would not apply these categorization requirements to demographic data of graduate and professional schools of the University of California. The bill would be applicable to the University of California only if the Regents of the University of California, by resolution, make it applicable. +To the extent the bill would impose additional requirements on community colleges, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the State, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 66027.1 to the Education Code, and to amend Section 8310.7 of the Government Code, relating to data collection." +446,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares that the purpose of this act is to address ongoing vote dilution and discrimination in voting as matters of statewide concern, in order to enforce the fundamental rights guaranteed to California voters under Section 7 of Article I and Section 2 of Article II of the California Constitution. Therefore, the provisions of this act shall be construed liberally in furtherance of this legislative intent to eliminate minority vote dilution. It is the further intent of the Legislature that any remedy implemented under this act shall comply with the 14th Amendment to the United States Constitution. The Legislature also finds and declares that this act is consistent with the decision of the Court of Appeal in Sanchez v. City of Modesto (2006) 145 Cal.App.4th 660. +SEC. 2. +The heading of Article 1 (commencing with Section 14025) is added to Chapter 1.5 of Division 14 of the Elections Code, to read: +Article 1. General Provisions +SEC. 3. +The heading of Article 2 (commencing with Section 14027) is added to Chapter 1.5 of Division 14 of the Elections Code, to read: +Article 2. At-Large Elections +SEC. 4. +Article 3 (commencing with Section 14040) is added to Chapter 1.5 of Division 14 of the Elections Code, to read: +Article 3. District-Based Elections +14040. +District-based elections shall not be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice as a result of the dilution or the abridgment of the rights of voters who are members of a protected class. +14041. +(a) A violation of Section 14040 is established if it is shown that racially polarized voting occurs in elections for members of the governing body of the political subdivision or in elections incorporating other electoral choices by the voters of the political subdivision. Elections conducted prior to the filing of an action pursuant to Section 14040 and this section are more probative to establish the existence of racially polarized voting than elections conducted after the filing of the action. +(b) The occurrence of racially polarized voting shall be determined from examining results of elections in which at least one candidate is a member of a protected class or elections involving ballot measures, or other electoral choices that affect the rights and privileges of members of a protected class. One circumstance that may be considered in determining a violation of Section 14040 and this section is the extent to which candidates who are members of a protected class and who are preferred by voters of the protected class, as determined by an analysis of voting behavior, have been elected to the governing body of a political subdivision that is the subject of an action based on Section 14040 and this section. +(c) The fact that members of a protected class are not geographically compact or concentrated does not preclude a finding of racially polarized voting, or a violation of Section 14040 and this section, but may be a factor in determining an appropriate remedy. +(d) Proof of an intent on the part of the voters or elected officials to discriminate against a protected class is not required. +(e) Other factors such as the history of discrimination, the use of electoral devices or other voting practices or procedures that may enhance the dilutive effects of the election system, denial of access to those processes determining which groups of candidates will receive financial or other support in a given election, the extent to which members of a protected class bear the effects of past discrimination in areas such as education, employment, and health, which hinder their ability to participate effectively in the political process, and the use of overt or subtle racial appeals in political campaigns are probative, but not necessary factors, to establish a violation of Section 14040 and this section. +(f) (1) Except as provided in paragraph (2), the fact that a district-based election was imposed on the political subdivision as a result of an action filed pursuant to Article 2 shall not be a defense to an action alleging a violation of this article. +(2) (A) If a court orders a political subdivision to adopt, and subsequently approves, a district-based election system as a result of an action filed pursuant to Article 2, there shall be a rebuttable presumption in any subsequent action filed pursuant to this article that the district-based election system of that political subdivision does not violate this article. The presumption shall apply only to the exact district-based election system that was approved by the court and shall not apply if the boundaries of the districts of the political subdivision are subsequently adjusted for any reason. +(B) This paragraph shall apply only to a district-based election system that is approved by a court on or after January 1, 2016. +14042. +(a) Upon a finding of a violation of Sections 14040 and 14041, the court shall implement an effective district-based elections system that provides the protected class the opportunity to elect candidates of its choice from single-member districts. +(b) If additional effective districts under subdivision (a) are not possible without increasing the size of the governing body, or will not alone provide an appropriate remedy, the court may order additional remedies, including any of the following: +(1) Incrementally increasing the size of the governing body upon approval of voters in the jurisdiction. +(2) Approving a single-member district-based election system that provides the protected class the opportunity to join in a coalition of two or more protected classes to elect candidates of their choice if there is demonstrated political cohesion among the protected classes. +(3) Requiring elections of the governing body to be held on the same day as a statewide election, as provided in Section 1001, taking into account in any such remedial determination the capacity of the county to consolidate the election date with statewide elections. +(4) Issuing an injunction to delay an election. +14043. +In any action to enforce Sections 14040 and 14041, the court shall allow the prevailing plaintiff party, other than the state or political subdivision thereof, a reasonable attorney’s fee consistent with the standards established in Serrano v. Priest (1977) 20 Cal.3d 25, 48-49, and litigation expenses including, but not limited to, expert witness fees and expenses as part of the costs. Prevailing defendant parties shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. +14044. +Any voter who is a member of a protected class and who resides in a political subdivision where a violation of Sections 14040 and 14041 is alleged may file an action pursuant to those sections in the superior court of the county in which the political subdivision is located. +14045. +If any provision of this article or its application to any person or circumstance is held invalid, Articles 1, 2 and the remainder of this article, or the application of the provision to other persons or circumstances, shall not be affected.","Existing law, the California Voting Rights Act of 2001 (CVRA), prohibits the use of an at-large election in a political subdivision if it would impair the ability of a protected class, as defined, to elect candidates of its choice or otherwise influence the outcome of an election. The CVRA provides that a voter who is a member of a protected class may bring an action in superior court to enforce the provisions of the CVRA, and, if the voter prevails in the case, he or she may be awarded reasonable litigation costs and attorney’s fees. The CVRA requires a court to implement appropriate remedies, including the imposition of district-based elections, that are tailored to remedy a violation of the act. +This bill would prohibit the use of a district-based election in a political subdivision if it would impair the ability of a protected class, as defined, to elect candidates of its choice. The bill would require a court to implement specified remedies upon a finding that a district-based election was imposed or applied in a manner that impaired the ability of a protected class to elect candidates of its choice.","An act to add the heading of Article 1 (commencing with Section 14025) and the heading of Article 2 (commencing with Section 14027) to, and to add Article 3 (commencing with Section 14040) to, Chapter 1.5 of Division 14 of the Elections Code, relating to elections." +447,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 5350.2 of the Welfare and Institutions Code is amended to read: +5350.2. +Reasonable attempts shall be made by the county mental health program to notify family members, or any other person designated to receive notice by the person for whom conservatorship is sought, of the time and place of the conservatorship hearing. The person for whom the conservatorship is sought shall be advised by the facility treating the person, or by the court in a proceeding under the Probate Code if the conservatorship investigation order was made pursuant to subdivision (c) of Section 5352, that he or she may request that information about the time and place of the conservatorship hearing not be given to family members if the proposed conservator is not a family member. The request shall be honored by the mental health program. Neither this section nor Section 5350 shall be interpreted to allow the proposed conservatee to request that any proposed conservator not be advised of the time and place of the conservatorship hearing. +SEC. 2. +Section 5352 of the Welfare and Institutions Code is amended to read: +5352. +(a) If the professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment determines that a person in his or her care is gravely disabled as a result of mental disorder or impairment by chronic alcoholism and is unwilling to accept, or incapable of accepting, treatment voluntarily, he or she may recommend conservatorship of the person to the officer providing conservatorship investigation of the person’s county of residence before admitting the person as a patient in the facility. +(b) The professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment may recommend conservatorship for a person without the person being an inpatient in the facility if both of the following conditions are met: +(1) The professional person or another professional person designated by him or her has examined and evaluated the person and determined that the person is gravely disabled. +(2) The professional person or another professional person designated by him or her has determined that future examination on an inpatient basis is not necessary for a determination that the person is gravely disabled. +(c) (1) If a conservatorship has already been established under the Probate Code, the court, in a proceeding under the Probate Code, after an evidentiary hearing attended by the conservatee, unless the conservatee waives presence, and the conservatee’s counsel, may order an investigation from the officer providing conservatorship investigation of the person’s county of residence if the court, in a proceeding under the Probate Code, in consultation with a licensed physician or licensed psychologist satisfying the conditions of subdivision (c) of Section 2032.020 of the Code of Civil Procedure providing comprehensive evaluation or intensive treatment, determines based on evidence presented to the court, including medical evidence, that the conservatee may be gravely disabled as a result of a mental disorder or impairment by chronic alcoholism and is unwilling to accept or is incapable of accepting treatment voluntarily. If the conservatee cannot afford counsel, the court, in a proceeding under the Probate Code, shall appoint counsel for him or her. +(2) The officer providing conservatorship investigation shall file a copy of his or her report with the court making the conservatorship investigation order in a proceeding under the Probate Code. +(d) If the officer providing conservatorship investigation concurs with the recommendation of the professional person, pursuant to subdivision (a) or (b), or the conservatorship investigation order of the court, pursuant to subdivision (c), he or she shall petition the superior court in the patient’s county of residence to establish conservatorship. +(e) If temporary conservatorship is indicated, that fact shall be alternatively pleaded in the petition. The officer providing conservatorship investigation or other county officer or employee designated by the county shall act as the temporary conservator. +SEC. 3. +Section 5354 of the Welfare and Institutions Code is amended to read: +5354. +(a) The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship and shall recommend conservatorship to the court only if no suitable alternatives are available. This officer shall render to the court a written report of investigation before the hearing. The report to the court shall be comprehensive and shall contain all relevant aspects of the person’s medical, psychological, financial, family, vocational, and social condition, and information obtained from the person’s family members, close friends, social worker, or principal therapist. The report shall also contain all available information concerning the person’s real and personal property. The facilities providing intensive treatment or comprehensive evaluation shall disclose any records or information that may facilitate the investigation. If the conservatorship investigation order was made pursuant to subdivision (c) of Section 5352, the conservator in a proceeding under the Probate Code shall disclose any records or information that may facilitate the investigation. If the officer providing conservatorship investigation recommends against conservatorship, he or she shall set forth all alternatives available. A copy of the report shall be transmitted to the individual who originally recommended conservatorship, or, in a proceeding under the Probate Code, to the court that originally made a conservatorship investigation order, to the person or agency, if any, recommended to serve as conservator, and to the person recommended for conservatorship. The court may receive the report in evidence and may read and consider the contents thereof in rendering its judgment. +(b) Notwithstanding Section 5328, when a court with jurisdiction over a person in a criminal case orders an evaluation of the person’s mental condition pursuant to Section 5200, and that evaluation leads to a conservatorship investigation, the officer providing the conservatorship investigation shall serve a copy of the report required under subdivision (a) upon the defendant or the defendant’s counsel. Upon the prior written request of the defendant or the defendant’s counsel, the officer providing the conservatorship investigation shall also submit a copy of the report to the court hearing the criminal case, the district attorney, and the county probation department. The conservatorship investigation report and the information contained in that report, shall be kept confidential and shall not be further disclosed to anyone without the prior written consent of the defendant. After disposition of the criminal case, the court shall place all copies of the report in a sealed file, except as follows: +(1) The defendant and the defendant’s counsel may retain their copy. +(2) If the defendant is placed on probation status, the county probation department may retain a copy of the report for the purpose of supervision of the defendant until the probation is terminated, at which time the probation department shall return its copy of the report to the court for placement into the sealed file. +SEC. 4. +Section 5360 of the Welfare and Institutions Code is amended to read: +5360. +(a) The officer providing conservatorship investigation shall recommend, in his or her report to the court, for or against imposition of a disability set forth in Section 5357 on the basis of the determination of the professional person who recommended conservatorship pursuant to subdivision (a) or (b) of Section 5352, or the determination of the physician or psychologist who presented medical evidence to the court pursuant to subdivision (c) of Section 5352. +(b) The officer providing conservatorship investigation shall recommend in his or her report any of the additional powers of a conservator set forth in Section 2591 of the Probate Code if the needs of the individual patient or his estate require such powers. In making this determination, the officer providing conservatorship investigation shall consult with the professional person who recommended conservatorship pursuant to subdivision (a) or (b) of Section 5352, or the physician or psychologist who presented medical evidence to the court pursuant to subdivision (c) of Section 5352. +SEC. 5. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides a procedure for the appointment of a conservator for a person who is determined to be gravely disabled as a result of a mental disorder or an impairment by chronic alcoholism, and requires an officer, including a county public guardian or a county mental health program, to conduct a conservatorship investigation and render a written report to the court of his or her investigation. Under existing law, a professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment for a gravely disabled person may recommend a conservatorship for that person, and the agency is required to disclose any records or information that may facilitate an investigation. Existing law requires the officer providing conservatorship investigation, when he or she concurs with the recommendation of the professional person or facility, to petition the superior court in the patient’s county of residence for a conservatorship. Existing law also provides for the establishment of a conservatorship for a person who is unable to properly provide for his or her personal needs or is substantially unable to manage his or her finances. +This bill would authorize the court, if a conservatorship has already been established under the Probate Code, and after a hearing attended by the conservatee, unless he or she waives presence, and the conservatee’s counsel, to order an investigation from the officer providing conservatorship investigation if the court, in consultation with a licensed physician or psychologist, as specified, providing comprehensive evaluation or intensive treatment, determines, in a specified proceeding, that the conservatee may be gravely disabled as a result of a mental disorder or impairment by chronic alcoholism and is unwilling to accept, or is incapable of accepting, treatment voluntarily. The bill would also require the court to appoint counsel to a conservatee if he or she cannot afford counsel. The bill would require the officer providing conservatorship investigation to petition the superior court in the patient’s county of residence to establish conservatorship if he or she concurs with the conservatorship investigation order of the court, and to file a copy of his or her report with the court. The bill would require a conservator to disclose any records or information that may facilitate the investigation. The bill would also make conforming changes. +By expanding the duties of the county officer providing conservatorship investigation, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 5350.2, 5352, 5354, and 5360 of the Welfare and Institutions Code, relating to conservatorships." +448,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The development, improvement, expansion, and maintenance of an efficient, safe, and well-maintained system of roads, highways, and other transportation facilities is essential to the economic well-being and high quality of life of the people of this state. +(b) High-occupancy toll lanes, express lanes, and toll roads provide an opportunity to more effectively manage state highways in order to increase passenger throughput and to reduce delays for freight shipments and travelers, especially those traveling by carpool, vanpool, or bus. +(c) Highway tolling should be employed for the purpose of optimizing the performance of the transportation system on a transportation corridor and should not be employed strictly as a revenue generating facility. +SEC. 2. +Section 149.7 of the Streets and Highways Code is amended to read: +149.7. +(a) Notwithstanding Sections 149 and 30800, a regional transportation agency, as defined in subdivision (k), or the department may apply to the commission to develop and operate high-occupancy toll lanes or other toll facilities, including the administration and operation of a value pricing program and exclusive or preferential lane facilities for public transit or freight. +(b) Each application for the development and operation of the toll facilities described in subdivision (a) shall be subject to review and approval by the commission pursuant to eligibility criteria set forth in guidelines established by the commission. Prior to approving an application, the commission shall conduct at least one public hearing at or near the proposed toll facility for the purpose of receiving public comment. Upon approval of an application, the regional transportation agency or the department may develop and operate the toll facility proposed in the application. +(c) The eligibility criteria set forth in the guidelines established by the commission pursuant to subdivision (b) shall include, at a minimum, all of the following: +(1) A demonstration that the proposed toll facility will improve the corridor’s performance by, for example, increasing passenger throughput or reducing delays for freight shipments and travelers, especially those traveling by carpool, vanpool, and transit. +(2) A requirement that the proposed toll facility is contained in the constrained portion of a conforming regional transportation plan prepared pursuant to Section 65080 of the Government Code. +(3) Evidence of cooperation between the applicable regional transportation agency and the department. +(4) A discussion of how the proposed toll facility meets the requirements of this section. +(5) A requirement that a project initiation document has been completed for the proposed toll facility. +(6) A demonstration that a complete funding plan has been prepared. +(d) A regional transportation agency that applies to the commission to develop and operate toll facilities pursuant to this section shall reimburse the commission for all of the commission’s costs and expenses incurred in processing the application. +(e) Toll facilities approved by the commission on or after January 1, 2016, pursuant to this section, shall be subject to the following minimum requirements: +(1) A regional transportation agency sponsoring a toll facility shall enter into an agreement with the Department of the California Highway Patrol that addresses all law enforcement matters related to the toll facility and an agreement with the department that addresses all matters related to design, construction, maintenance, and operation of the toll facility, including, but not limited to, liability, financing, repair, rehabilitation, and reconstruction. +(2) A regional transportation agency sponsoring a toll facility shall be responsible for reimbursing the department and the Department of the California Highway Patrol for their costs related to the toll facility pursuant to an agreement between the agency and the department and an agreement between the agency and the Department of the California Highway Patrol. +(3) The sponsoring agency shall be responsible for establishing, collecting, and administering tolls, and may include discounts and premiums for the use of the toll facility. +(4) The revenue generated from the operation of the toll facility shall be available to the sponsoring agency for the direct expenses related to the following: +(A) Debt issued to construct, repair, rehabilitate, or reconstruct any portion of the toll facility, payment of debt service, and satisfaction of other covenants and obligations related to indebtedness of the toll facility. +(B) The development, maintenance, repair, rehabilitation, improvement, reconstruction, administration, and operation of the toll facility, including toll collection and enforcement. +(C) Reserves for the purposes specified in subparagraphs (A) and (B). +(5) All remaining revenue generated by the toll facility shall be used in the corridor from which the revenue was generated pursuant to an expenditure plan developed by the sponsoring agency, as follows: +(A) (i) For a toll facility sponsored by a regional transportation agency, the regional transportation agency shall develop the expenditure plan in consultation with the department. +(ii) For a toll facility sponsored by the department, the department shall develop the expenditure plan in consultation with the applicable regional transportation agency. +(B) (i) For a toll facility sponsored by a regional transportation agency, the governing board of the regional transportation agency shall review and approve the expenditure plan and any updates. +(ii) For a toll facility sponsored by the department, the commission shall review and approve the expenditure plan and any updates. +(6) The sponsoring agency’s administrative expenses related to operation of a toll facility shall not exceed 3 percent of the toll revenues. +(f) For any project under this section involving the conversion of an existing high-occupancy vehicle lane to a high-occupancy toll lane, the sponsoring agency shall demonstrate that the project will, at a minimum, result in expanded efficiency of the corridor in terms of travel time reliability, passenger throughput, or other efficiency benefit. +(g) This section shall not prevent the construction of facilities that compete with a toll facility approved by the commission pursuant to this section, and the sponsoring agency shall not be entitled to compensation for the adverse effects on toll revenue due to those competing facilities. +(h) A sponsoring agency that develops or operates a toll facility pursuant to this section shall provide any information or data requested by the commission or the Legislative Analyst. The commission, in cooperation with the Legislative Analyst, shall annually prepare a summary report on the progress of the development and operation of any toll facilities authorized pursuant to this section. The commission may submit this report as a section in its annual report to the Legislature required pursuant to Section 14535 of the Government Code. +(i) (1) A regional transportation agency may issue bonds, refunding bonds, or bond anticipation notes, at any time, to finance construction of, and construction-related expenditures for, a toll facility approved pursuant to this section, and construction and construction-related expenditures that are included in the expenditure plan adopted pursuant to paragraph (5) of subdivision (e), payable from the revenues generated from the toll facility. The bonds, refunding bonds, and bond anticipation notes shall bear such interest rates and other features and terms as the regional transportation agency shall approve and may be sold by the regional transportation agency at public or private sale. +(2) A bond, refunding bond, or bond anticipation note issued pursuant to this subdivision shall contain on its face a statement to the following effect: + + +“Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal of, or the interest on, this instrument.” + + +(3) Bonds, refunding bonds, and bond anticipation notes issued pursuant to this subdivision are legal investments for all trust funds, the funds of all insurance companies, banks, trust companies, executors, administrators, trustees, and other fiduciaries. +(4) Interest earned on any bonds, refunding bonds, and bond anticipation notes issued pursuant to this subdivision shall at all times be free from state personal income tax and corporate income tax. +(5) (A) For a toll facility operated by the department, the California Infrastructure and Economic Development Bank or the Treasurer may issue bonds, refunding bonds, or bond anticipation notes, at any time, to finance development, construction, or reconstruction of, and construction-related expenditures for, a toll facility approved pursuant to this section and construction and construction-related expenditures that are included in the expenditure plan adopted pursuant to paragraph (5) of subdivision (e), payable solely from the toll revenue and ancillary revenues generated from the toll facility. +(B) This subdivision shall be deemed to provide all necessary state law authority for purposes of Section 63024.5 of the Government Code. +(j) (1) Before submitting an application pursuant to subdivision (a), a regional transportation agency shall consult with every local transportation authority designated pursuant to Division 12.5 (commencing with Section 131000) or Division 19 (commencing with Section 180000) of the Public Utilities Code and every congestion management agency whose jurisdiction includes the toll facility that the regional transportation agency proposes to develop and operate. +(2) A regional transportation agency shall give a local transportation authority or congestion management agency described in paragraph (1) the option to enter into agreements, as needed, for project development, engineering, financial studies, and environmental documentation for each construction project or segment that is part of the toll facility. The local transportation authority or congestion management agency may be the lead agency for these construction projects or segments. +(k) Notwithstanding Section 143, for purposes of this section, “regional transportation agency” means any of the following: +(1) A transportation planning agency described in Section 29532 or 29532.1 of the Government Code. +(2) A county transportation commission established under Section 130050, 130050.1, or 130050.2 of the Public Utilities Code. +(3) Any other local or regional transportation entity that is designated by statute as a regional transportation agency. +(4) A joint exercise of powers authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, with the consent of a transportation planning agency or a county transportation commission for the jurisdiction in which the transportation project will be developed. +(5) The Santa Clara Valley Transportation Authority established pursuant to Part 12 (commencing with Section 100000) of Division 10 of the Public Utilities Code. +(l) A regional transportation agency or the department may require any vehicle accessing a toll facility authorized under this section to have an electronic toll collection transponder or other electronic device for enforcement or tolling purposes. +(m) Nothing in this section shall authorize or prohibit the conversion of any existing nontoll or nonuser-fee lanes into tolled or user-fee lanes, except that a high-occupancy vehicle lane may be converted into a high-occupancy toll lane. +(n) Nothing in this section shall apply to, modify, limit, or otherwise restrict the authority of any joint powers authority described in Section 66484.3 of the Government Code to establish or collect tolls or otherwise operate any toll facility or modify or expand a toll facility. +SEC. 3. +Section 149.12 is added to the Streets and Highways Code, to read: +149.12. +The Highway Toll Account is hereby created in the State Transportation Fund for the management of funds received by the department for toll facilities authorized pursuant to Section 149.7 and operated by the department. Notwithstanding Section 13340 of the Government Code, moneys in the Highway Toll Account designated and necessary for the payment of any debt service associated with a toll facility project shall be continuously appropriated, without regard to fiscal year, to the department for the purposes described in subparagraph (A) of paragraph (4) of subdivision (e) of Section 149.7. All other moneys deposited in the Highway Toll Account that are derived from premium and accrued interest on bonds sold pursuant to Section 149.7 shall be reserved in the account and shall be available for expenditure, upon appropriation by the Legislature, as specified in subdivision (e) of Section 149.7. Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond issuance shall be paid out of the bond proceeds, including premium, if any. +SEC. 4. +This act shall become operative only if Assembly Bill 914 of the 2015–16 Regular Session is enacted and takes effect on or before January 1, 2016.","Existing law provides that the Department of Transportation has full possession and control of the state highway system. Existing law authorizes the department to construct exclusive or preferential lanes for buses only or for buses and other high-occupancy vehicles. +Existing law authorizes a regional transportation agency, as defined, in cooperation with the department to apply to the California Transportation Commission to develop and operate high-occupancy toll (HOT) lanes, including administration and operation of a value-pricing program and exclusive or preferential lane facilities for public transit, consistent with established standards, requirements, and limitations that apply to specified facilities. Existing law requires the commission to conduct at least one public hearing in northern California and one in southern California for each eligible application submitted by the regional transportation agency. Existing law limits the number of approved facilities to not more than 4, 2 in northern California and 2 in southern California, and provides that no applications may be approved on or after January 1, 2012. +This bill would authorize a regional transportation agency or the department to apply to the commission to develop and operate HOT lanes or other toll facilities, as specified, and would delete the January 1, 2012, deadline for HOT lane applications and remove the existing limitation on the number of facilities that may be approved. The bill would include the Santa Clara Valley Transportation Authority within the definition of regional transportation authority for these purposes. The bill would delete the requirement that the facilities be consistent with the established standards, requirements, and limitations that apply to specified facilities and would instead require the commission to establish eligibility criteria set forth in guidelines for the development and operation of the facilities and provide for the review and approval by the commission of each proposed toll facility pursuant to those eligibility criteria. The bill would require toll facilities approved by the commission on or after January 1, 2016, to be subject to specified minimum requirements, including those relating to toll facility revenues. The bill would authorize a regional transportation agency or the state, as applicable, to issue bonds, refunding bonds, or bond anticipation notes backed by revenues generated from the facilities. The bill would delete the requirement that the commission conduct at least one public hearing in northern California and one in southern California for each eligible application and would instead require the commission to conduct at least one public hearing at or near the proposed toll facility. The bill would require a regional transportation agency that applies to the commission to reimburse the commission for all of the commission’s costs and expenses incurred in processing the application and to enter into specified agreements with the department and the Department of the California Highway Patrol. Before submitting an application to the commission, the bill would require a regional transportation agency to consult with every local transportation authority and every congestion management agency whose jurisdiction includes the facility that the regional transportation agency proposes to develop and operate pursuant to the above-described provisions. The bill would require the regional transportation agency to give a local transportation authority or congestion management agency, as specified, the option of entering into agreements, as needed, for project development, engineering, financial studies, and environmental documentation for each construction project or segment, and would authorize the local transportation authority or congestion management agency to be the lead agency for those construction projects or segments. The bill would provide that these provisions do not authorize or prohibit the conversion of any existing nontoll or nonuser-fee lanes into tolled or user-fee lanes, except that a high-occupancy vehicle lane may be converted into a HOT lane pursuant to its provisions. +This bill would create the Highway Toll Account in the State Transportation Fund for the management of funds received by the Department of Transportation for toll facilities operated by the department under the bill. The bill would continuously appropriate to the department the portion of revenues designated and necessary for the payment of debt service for those facilities. +This bill would become operative only if AB 914 is enacted and takes effect on or before January 1, 2016.","An act to amend Section 149.7 of, and to add Section 149.12 to, the Streets and Highways Code, relating to transportation, and making an appropriation therefor." +449,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) authorizes the State Air Resources Board to adopt regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. +(b) The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) requires the State Air Resources Board to reduce statewide emissions of greenhouse gases to at least the 1990 emissions level by 2020 and to maintain and continue reductions thereafter. +(c) Continuing to reduce greenhouse gas emissions is critical for the protection of all areas of the state, but especially for the state’s most disadvantaged communities, as those communities are affected first, and most frequently, by adverse impacts of climate change, including increased frequency of extreme weather events such as drought, heat, and flooding. The state’s most disadvantaged communities are also disproportionately impacted by the deleterious effects of climate change on public health. +(d) The State Air Resources Board’s actions to reduce greenhouse gas emissions must be done in a manner that is transparent and accountable to the public and the Legislature. To this end, the State Air Resources Board must enhance the accessibility of information used to inform and evaluate regulatory measures developed to reduce greenhouse gas emissions. +(e) Transparency and accountability also are essential to ensuring the state’s actions are done in an equitable fashion that is protective and mindful of the effects on the state’s most disadvantaged communities. +(f) In recognition of the need for ongoing, permanent oversight over the implementation of the state’s climate policies, the Joint Legislative Committee on Climate Change Policies will be established. The committee will uniquely provide an oversight perspective that connects the jurisdictions of several legislative standing committees, including those that have the issues of air quality, transportation, energy, and local government within their jurisdiction, which is critical given that the state has integrated climate change policies throughout the activities of many state agencies in addition to the State Air Resources Board. +SEC. 2. +Article 7.6 (commencing with Section 9147.10) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read: +Article 7.6. Joint Legislative Committee on Climate Change Policies +9147.10. +(a) The Joint Legislative Committee on Climate Change Policies is hereby created. The committee shall ascertain facts and make recommendations to the Legislature concerning the state’s programs, policies, and investments related to climate change. Those recommendations shall be shared with other appropriate legislative standing committees, including the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review. +(b) The joint committee shall consist of at least three Members of the Senate and at least three Members of the Assembly who shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The membership shall reflect the perspectives of multiple standing committees. +(c) The chair of the State Air Resources Board shall annually appear before the joint committee to present the state board’s annual informational report on the reported emissions of greenhouse gases, criteria pollutants, and toxic air contaminants from all sectors covered by the scoping plan, as required pursuant to subdivision (b) of Section 38531 of the Health and Safety Code. This presentation may be done at a hearing that is held jointly with the relevant Assembly and Senate standing committees. +(d) In recognition of the technical complexity involved in reviewing the state’s climate policies, the joint committee may establish a panel of experts to provide an independent analysis of the state’s policies to better inform the joint committee’s recommendations. +SEC. 3. +Section 38506 is added to the Health and Safety Code, to read: +38506. +For purposes of this division, “social costs” means an estimate of the economic damages, including, but not limited to, changes in net agricultural productivity; impacts to public health; climate adaptation impacts, such as property damages from increased flood risk; and changes in energy system costs, per metric ton of greenhouse gas emission per year. +SEC. 4. +Section 38531 is added to the Health and Safety Code, to read: +38531. +(a) (1) The state board shall make available, and update at least annually, on its Internet Web site the emissions of greenhouse gases and criteria pollutants for each facility that reports to the state board pursuant to Section 38530. The data shall be displayed in a manner that illustrates the changes in emissions levels over time. +(2) No later than January 1, 2018, the state board shall add toxic air contaminant emissions to the information made available pursuant to paragraph (1). +(3) The criteria pollutant and toxic air contaminant emissions data for stationary sources shall be based on data provided to the state board by air pollution control and air quality management districts collected pursuant to Section 39607 and Chapter 3 (commencing with Section 44340) of Part 6 of Division 26. +(b) At least once a year at a hearing of the Joint Legislative Committee on Climate Change Policies, the state board shall present an informational report on the reported emissions of greenhouse gases, criteria pollutants, and toxic air contaminants from all sectors covered by the scoping plan prepared pursuant to Section 38561. The report shall evaluate emission trends and include a discussion of the regulatory requirements, initiatives, and other programs that may influence those trends. The report also may include recommendations from the state board for legislative action and consideration. +SEC. 5. +Section 38562.5 is added to the Health and Safety Code, to read: +38562.5. +When adopting rules and regulations pursuant to this division to achieve emissions reductions beyond the statewide greenhouse gas emissions limit and to protect the state’s most impacted and disadvantaged communities, the state board shall follow the requirements in subdivision (b) of Section 38562, consider the social costs of the emissions of greenhouse gases, and prioritize both of the following: +(a) Emission reduction rules and regulations that result in direct emission reductions at large stationary sources of greenhouse gas emissions sources and direct emission reductions from mobile sources. +(b) Emission reduction rules and regulations that result in direct emission reductions from sources other than those specified in subdivision (a). +SEC. 6. +Section 38562.7 is added to the Health and Safety Code, to read: +38562.7. +Each scoping plan update developed pursuant to Section 38561 shall identify for each emissions reduction measure, including each alternative compliance mechanism, market-based compliance mechanism, and potential monetary and nonmonetary incentive the following information: +(a) The range of projected greenhouse gas emissions reductions that result from the measure. +(b) The range of projected air pollution reductions that result from the measure. +(c) The cost-effectiveness, including avoided social costs, of the measure. +SEC. 7. +Section 39510 of the Health and Safety Code is amended to read: +39510. +(a) The State Air Resources Board is continued in existence in the California Environmental Protection Agency. The state board shall consist of 14 voting members. +(b) Twelve members shall be appointed by the Governor, with the consent of the Senate, on the basis of their demonstrated interest and proven ability in the field of air pollution control and their understanding of the needs of the general public in connection with air pollution problems. +(c) Of the members appointed pursuant to subdivision (b), six members shall have the following qualifications: +(1) One member shall have training and experience in automotive engineering or closely related fields. +(2) One member shall have training and experience in chemistry, meteorology, or related scientific fields, including agriculture or law. +(3) One member shall be a physician and surgeon or an authority on health effects of air pollution. +(4) Two members shall be public members. +(5) One member shall have the qualifications specified in paragraph (1), (2), or (3) or shall have experience in the field of air pollution control. +(d) Of the members appointed pursuant to subdivision (b), six members shall be board members from districts who shall reflect the qualitative requirements of subdivision (c) to the extent practicable. Of these members: +(1) One shall be a board member from the south coast district. +(2) One shall be a board member from the bay district. +(3) One shall be a board member from the San Joaquin Valley Unified Air Pollution Control District. +(4) One shall be a board member from the San Diego County Air Pollution Control District. +(5) One shall be a board member from the Sacramento district, the Placer County Air Pollution Control District, the Yolo-Solano Air Quality Management District, the Feather River Air Quality Management District, or the El Dorado County Air Pollution Control District. +(6) One shall be a board member of any other district. +(e) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one member to the state board who shall be a person who works directly with communities in the state that are most significantly burdened by, and vulnerable to, high levels of pollution, including, but not limited to, communities with diverse racial and ethnic populations and communities with low-income populations. +(f) Any vacancy shall be filled by the appointing authority within 30 days of the date on which it occurs. If the Governor fails to make an appointment for any vacancy within the 30-day period, the Senate Committee on Rules may make the appointment to fill the vacancy in accordance with this section. +(g) While serving on the state board, all members shall exercise their independent judgment as officers of the state on behalf of the interests of the entire state in furthering the purposes of this division. A member of the state board shall not be precluded from voting or otherwise acting upon any matter solely because that member has voted or acted upon the matter in his or her capacity as a member of a district board, except that a member of the state board who is also a member of a district board shall not participate in any action regarding his or her district taken by the state board pursuant to Sections 41503 to 41505, inclusive. +(h) (1) Except for initial staggered terms that shall be established by the state board, the term of office for the voting members shall be six years. Upon expiration of the term of office of a voting member, the appointing authority may reappoint that member to a new term of office, subject to the requirement of subdivision (b), if applicable. +(2) Notwithstanding paragraph (1), a person who is a member of the state board pursuant to subdivision (d) shall not continue as a member if he or she ceases to hold the membership that qualifies that person to be appointed as a member of the state board. The membership on the state board held by that person shall terminate immediately upon ceasing to hold that qualifying membership. +(i) In addition to subdivision (a), two Members of the Legislature shall serve as ex officio, nonvoting members of the state board. One member shall be appointed by the Senate Committee on Rules. One member shall be appointed by the Speaker of the Assembly. +SEC. 8. +Section 39607 of the Health and Safety Code is amended to read: +39607. +The state board shall: +(a) Establish a program to secure data on air quality in each air basin established by the state board. +(b) (1) Inventory sources of air pollution within the air basins of the state and determine the kinds and quantity of air pollutants, including, but not limited to, the contribution of natural sources, mobile sources, and area sources of emissions, including a separate identification of those sources not subject to district permit requirements, to the extent feasible and necessary to carry out the purposes of this chapter. The state board shall use, to the fullest extent, the data of local agencies and other state and federal agencies in fulfilling this purpose. +(2) Make available on the state board’s Internet Web site the emissions of greenhouse gases, criteria pollutants, and toxic air contaminants throughout the state broken down to a local and subcounty level for stationary sources and to at least a county level for mobile sources. The emissions reported shall include data on the emissions of criteria pollutants and toxic air contaminants emitted by stationary sources as provided to the state board by districts. The information shall be displayed graphically and updated at least once a year. +(c) Monitor air pollutants in cooperation with districts and with other agencies to fulfill the purpose of this division. +(d) Adopt test procedures to measure compliance with its nonvehicular emission standards and those of districts. +(e) Establish and periodically review criteria for designating an air basin attainment or nonattainment for any state ambient air quality standard set forth in Section 70200 of Title 17 of the California Code of Regulations. In developing and reviewing these criteria, the state board shall consider instances where there is poor or limited ambient air quality data, and shall consider highly irregular or infrequent violations. The state board shall provide an opportunity for public comment on the proposed criteria, and shall adopt the criteria after a public hearing. +(f) Evaluate, in consultation with the districts and other interested parties, air quality-related indicators that may be used to measure or estimate progress in the attainment of state standards and establish a list of approved indicators. On or before July 1, 1993, the state board shall identify one or more air quality indicators to be used by districts in assessing progress as required by subdivision (b) of Section 40924. The state board shall continue to evaluate the prospective application of air quality indicators and, upon a finding that adequate air quality modeling capability exists, shall identify one or more indicators that may be used by districts in lieu of the annual emission reductions mandated by subdivision (a) of Section 40914. In no case shall any indicator be less stringent or less protective, on the basis of overall health protection, than the annual emission reduction requirement in subdivision (a) of Section 40914. +(g) Establish, not later than July 1, 1996, a uniform methodology that may be used by districts in assessing population exposure, including, but not limited to, reduction in exposure of districtwide subpopulations, such as children, the elderly, and persons with respiratory disease, to ambient air pollutants at levels above the state ambient air quality standards, for estimating reductions in population exposure for the purposes of Sections 40913, 40924, and 41503, and for the establishment of the means by which reductions in population exposures may be achieved. The methodology adopted pursuant to this subdivision shall be consistent with the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), and with this division, including, but not limited to, Section 39610. +SEC. 9. +This act shall become operative only if Senate Bill 32 of the 2015–16 Regular Session is enacted and becomes effective on or before January 1, 2017.","(1) Existing law establishes the State Air Resources Board consisting of 14 members and vests the state board with regulatory jurisdiction over air quality issues. +This bill would add 2 Members of the Legislature to the state board as ex officio, nonvoting members. The bill would provide that the voting members of the state board are appointed for staggered 6-year terms and upon expiration of the term of office of a voting member, the appointing authority may reappoint that member to a new term of office, subject to specified requirements. The bill would require the state board to establish the initial staggered terms. The bill would create the Joint Legislative Committee on Climate Change Policies consisting of at least 3 Members of the Senate and at least 3 Members of the Assembly and would require the committee to ascertain facts and make recommendations to the Legislature and to the houses of the Legislature concerning the state’s programs, policies, and investments related to climate change, as specified. +(2) Existing law requires the state board to inventory sources of air pollution within the air basins of the state and determine the kinds and quantity of air pollutants. The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with the act. +This bill would require the state board to make available, and update at least annually, on its Internet Web site the emissions of greenhouse gases, criteria pollutants, and toxic air contaminants for each facility that reports to the state board and air districts. The bill would require the state board, at least once a year at a hearing of the Joint Legislative Committee on Climate Change Policies, to present an informational report on the reported emissions of greenhouse gases, criteria pollutants, and toxic air contaminants from all sectors covered by the scoping plan, as specified. +This bill would require the state board to make available, and update at least annually, on its Internet Web site the emissions of greenhouse gases, criteria pollutants, and toxic air contaminants throughout the state broken down to a local and subcounty level for stationary sources and to at least a county level for mobile sources, as specified. +(3) The act requires the board to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions. +This bill would require the state board, when adopting rules and regulations to achieve greenhouse gas emissions reductions beyond the statewide greenhouse gas emissions limit and to protect the state’s most impacted and disadvantaged communities, to follow specified requirements, consider the social costs of the emissions of greenhouse gases, and prioritize specified emission reduction rules and regulations. +This bill would require the state board, when updating the scoping plan, to identify specified information for each emissions reduction measure, including each alternative compliance mechanism, market-based compliance mechanism, and potential monetary and nonmonetary incentive. +(4) This bill would become operative only if SB 32 of the 2015–16 Regular Session is enacted and becomes effective on or before January 1, 2017.","An act to add Article 7.6 (commencing with Section 9147.10) to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, and to amend Sections 39510 and 39607 of, and to add Sections 38506, 38531, 38562.5, and 38562.7 to, the Health and Safety Code, relating to air resources." +450,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 69437 of the Education Code is amended to read: +69437. +(a) Commencing with the 2001–02 academic year, and each academic year thereafter, there shall be established the Competitive Cal Grant A and B award program for students who did not receive a Cal Grant A or B Entitlement award pursuant to Article 2 (commencing with Section 69434), Article 3 (commencing with Section 69435), or Article 4 (commencing with Section 69436). Awards made under this section are not entitlements. The submission of an application by a student under this section shall not entitle that student to an award. The selection of students under this article shall be determined pursuant to subdivision (c) and other relevant criteria established by the commission. +(b) Cal Grant A and B awards shall be granted annually under this article on a competitive basis for applicants who meet the general eligibility criteria established in Article 1 (commencing with Section 69430) and the priorities established by the commission pursuant to subdivision (c). The total number of awards granted annually under this article shall be +22,500 +50,000 +for +each of +the 2015–16 +and 2016–17 +academic +year, 45,000 for the 2016–17 academic year, 80,000 +years and 60,000 +for the 2017–18 academic +year, and 100,000 for the 2018–19 academic +year and each academic year thereafter. +(1) Fifty percent of the awards referenced in this subdivision are available to all students, including California community college students, who meet the financial need and academic requirements established pursuant to this article. A student enrolling at a qualifying baccalaureate degree granting institution shall apply by the March 2 deadline. A California community college student is eligible to apply at the March 2 or the September 2 deadline. +(2) Fifty percent of the awards referenced in this subdivision are reserved for students who will be enrolled at a California community college. The commission shall establish a second application deadline of September 2 for community college students to apply for these awards effective with the fall term or semester of the 2001–02 academic year. +(3) If any awards are not distributed pursuant to paragraphs (1) and (2) upon initial allocation of the awards under this article, the commission shall make awards to as many eligible students as possible, beginning with the students with the lowest expected family contribution and highest academic merit, consistent with the criteria adopted by the commission pursuant to subdivision (c), as practicable without exceeding the applicable annual cumulative total of awards specified in this subdivision. +(c) (1) On or before February 1, 2001, acting pursuant to a public hearing process that is consistent with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), the commission shall establish selection criteria for Cal Grant A and B awards under the competitive program that give special consideration to disadvantaged students, taking into consideration those financial, educational, cultural, language, home, community, environmental, and other conditions that hamper a student’s access to, and ability to persist in, postsecondary education programs. +(2) Additional consideration shall be given to both of the following: +(A) Students pursuing Cal Grant B awards who reestablish their grade point averages. +(B) Students who did not receive awards pursuant to Article 2 (commencing with Section 69434), Article 3 (commencing with Section 69435), or Article 4 (commencing with Section 69436). +(d) All other students who meet the eligibility requirements pursuant to Article 1 (commencing with Section 69430) are eligible to compete for an award pursuant to this article. +SEC. 2. +Section 69437.6 of the Education Code is amended to read: +69437.6. +(a) An applicant competing for an award under this article shall meet all the requirements of Article 1 (commencing with Section 69430). +(b) To compete for a competitive Cal Grant A award, an applicant shall, at a minimum, meet all of the requirements of Article 2 (commencing with Section 69434), with the exception of paragraphs (1) and (8) of subdivision (b) of Section 69434. However, in lieu of meeting the grade point average requirement set forth in paragraph (3) of subdivision (b) of Section 69434, an applicant may submit a community college or college grade point average of at least 2.4 on a 4.0 scale. +(c) To compete for a competitive Cal Grant B award, an applicant shall, at a minimum, meet all of the requirements of Article 3 (commencing with Section 69435), with the exception of paragraphs (1) and (8) of subdivision (a) of Section 69435.3. However, in lieu of meeting the grade point average requirements of paragraph (3) of subdivision (a) of Section 69435.3, a student may do either of the following: +(1) Demonstrate attainment of a community college or college grade point average of at least 2.0 on a 4.0 scale. +(2) Reestablish his or her grade point average by completing at least 16 cumulative units of credit for academic coursework at an accredited California community college, as defined by the commission, by regulation, with at least a 2.0 community college grade point average. +(d) To compete for a competitive California Community College Transfer Cal Grant award, an applicant shall, at a minimum, meet the requirements of Article 4 (commencing with Section 69436), with the exception of paragraphs (8) and (9) of subdivision (b) of Section 69436. +(e) All other competitors shall, at a minimum, comply with all of the requirements of subdivision (b) of Section 69432.9. +(f) An individual selected for a Cal Grant A award who enrolls in a California community college may elect to have the award held in reserve for him or her for a period not to exceed two academic years, except that the commission may extend the period in which his or her award may be held in reserve for up to three academic years if, in the commission’s judgment, the rate of academic progress has been as rapid as could be expected for the personal and financial conditions that the student has encountered. The commission shall, in this case, hold the award in reserve for the additional year. Upon receipt of a request to transfer the award to a tuition or fee charging qualifying institution, the individual shall be eligible to receive the Cal Grant A award previously held in reserve if, at the time of the request, he or she meets all of the requirements of this article. Upon receipt of the request, the commission shall reassess the financial need of the award recipient. The commission may prescribe the forms and procedures to be used for the purposes of this section. A recipient’s years of eligibility for payment of benefits shall be based upon his or her grade level at the time the award is transferred to the tuition or fee charging qualifying institution. An award so held in reserve shall only be counted once toward the number of awards authorized by subdivision (b) of Section 69437.","Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Cal Grant Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. Among other things, the program requires that a total of 22,500 Competitive Cal Grant A and B awards be granted annually. +This bill would instead require that a total of +45,000 +50,000 +Competitive Cal Grant A and B awards be granted for +each of +the +2015–16 and +2016–17 academic +year, +years and +that +80,000 +60,000 +be granted for the 2017–18 academic +year, and that 100,000 be granted for the 2018–19 academic +year and each academic year thereafter. The bill would also make conforming changes and delete an obsolete provision.","An act to amend Sections 69437 and 69437.6 of the Education Code, relating to student financial aid." +451,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4212 of the Public Resources Code is amended to read: +4212. +(a) (1) By +September 1, 2011, +July 1, 2016, +the board shall +adopt +amend the existing +emergency regulations to establish a fire prevention fee for the purposes of this chapter in an amount not to exceed +one hundred fifty dollars ($150) +one hundred fifty-two dollars and thirty-three cents ($152.33) +to be charged on each habitable structure on a parcel that is within a state responsibility area. +(2) The Legislature finds and declares that a fire prevention fee of not more than +one hundred fifty dollars ($150) +one hundred fifty-two dollars and thirty-three cents ($152.33) +is a reasonable amount for the necessary fire prevention activities of the state that benefit the owner of a habitable structure within a state responsibility area. +(b) On July 1, +2013, +2017, +and annually thereafter, the board may adjust the fire prevention +fees +fee +imposed pursuant to this chapter to reflect the percentage of change in the average annual value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as calculated by the United States Department of Commerce for the 12-month period in the third quarter of the prior calendar year, as reported by the Department of Finance. +(c) Emergency regulations +adopted +amended +pursuant to subdivision (a) shall be +adopted +amended +in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The +adoption +amendment +of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. +SECTION 1. +SEC. 2. +Section 4213 of the Public Resources Code is amended to read: +4213. +(a) (1) The fire prevention fee imposed pursuant to Section 4212 shall be collected annually by the State Board of Equalization in accordance with the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). +(2) Notwithstanding the appeal provisions in the Fee Collection Procedures Law, a determination by the department that a person is required to pay a fire prevention fee, or a determination by the department regarding the amount of that fee, is subject to review under Article 2 (commencing with Section 4220) and is not subject to a petition for redetermination by the State Board of Equalization. +(3) (A) Notwithstanding the refund provisions in the Fee Collection Procedures Law, the State Board of Equalization shall not accept any claim for refund that is based on the assertion that a determination by the department improperly or erroneously calculated the amount of the fire prevention fee, or incorrectly determined that the person is subject to that fee, unless that determination has been set aside by the department or a court reviewing the determination of the department. +(B) If the department or a reviewing court determines that a person is entitled to a refund of all or part of the fire prevention fee, the person shall make a claim to the State Board of Equalization pursuant to Chapter 5 (commencing with Section 55221) of Part 30 of Division 2 of the Revenue and Taxation Code. +(b) The annual fire prevention fee shall be due and payable 60 days from the date of assessment by the State Board of Equalization. +(c) On or before each January 1, the department shall annually transmit to the State Board of Equalization the appropriate name and address of each person who is liable for the fire prevention fee and the amount of the fee to be assessed, as authorized by this article, and at the same time the department shall provide to the State Board of Equalization a contact telephone number for the board to be printed on the bill to respond to questions about the fee. +(d) If in any given fiscal year there are sufficient amounts of money in the State Responsibility Area Fire Prevention Fund created pursuant to Section 4214 to finance the costs of the programs under subdivision (d) of Section 4214 for that fiscal year, the fee may not be collected that fiscal year. +SEC. 2. +SEC. 3. +Section 4220 of the Public Resources Code is amended to read: +4220. +A person from whom the fire prevention fee is determined to be due under this chapter may petition for a redetermination of whether this chapter applies to that person within 60 days after service upon him or her of a notice of the determination. If a petition for redetermination is not filed within the 60-day period, the amount determined to be due becomes final at the expiration of the 60-day period. +SEC. 3. +SEC. 4. +Section 4222 of the Public Resources Code is amended to read: +4222. +If a petition for redetermination of the application of this chapter is filed within the 60-day period, the department shall reconsider whether the fee is due and make a determination in writing. The department may eliminate the fee based on a determination that this chapter does not apply to the person who filed the petition.","Existing law requires the state to have the primary financial responsibility for preventing and suppressing fires in areas that the State Board of Forestry and Fire Protection has determined are state responsibility areas, as defined. Existing law requires +that +the State Board of Forestry and Fire Protection, by September 1, 2011, to adopt emergency regulations to establish +a fire prevention fee +in an amount not to exceed $150 to +be charged on each habitable structure on a parcel that is within a state responsibility +area, +area. Existing law authorizes the State Board of Forestry and Fire Protection, on July 1, 2013, and annually thereafter, to adjust the fire prevention fee, as specified. Existing law requires the fire prevention fee to be +collected annually by the State Board of Equalization, in accordance with specified procedures, and specifies that the annual fee shall be due and payable 30 days from the date of assessment by the state board. Existing law authorizes a petition for redetermination of the fee to be filed within 30 days after service of a notice of determination, as specified. +This bill would +require the State Board of Forestry and Fire Protection, by July 1, 2016, to amend those emergency regulations to establish a fire prevention fee in an amount not to exceed $152.33 and would authorize the board, on July 1, 2017, and annually thereafter, to adjust the fire prevention fee, as specified. The bill would +extend the time when the fire prevention fee is due and payable from 30 to 60 days from the date of assessment by the State Board of Equalization and would authorize the petition for redetermination to be filed within 60 days after service of the notice of determination, as specified.","An act to amend Sections +4212, +4213, 4220, and 4222 of the Public Resources Code, relating to forestry and fire prevention." +452,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares that the oversight boards to individual successor agencies were established pursuant to the Redevelopment Agency Dissolution Act, which prescribes that all oversight boards in the County of Los Angeles will be consolidated into a single countywide oversight board by July 1, 2016. +(b) The Legislature further finds that collapsing all functions of the 71 oversight boards in the County of Los Angeles into a single countywide oversight board would create administrative gridlock and be a severe impediment to the expeditious disposition of properties owned by former redevelopment agencies. +(c) In recognition of these findings and to ensure that the duties of the 71 oversight boards and successor agencies in the County of Los Angeles will be met in a timely manner, it is the intent of the Legislature to continue all oversight boards in the County of Los Angeles in existence until the respective successor agency requests dissolution of its oversight board and transfer of fiduciary duties to the countywide oversight board. +SEC. 2. +Section 34179 of the Health and Safety Code is amended to read: +34179. +(a) Each successor agency shall have an oversight board composed of seven members. The members shall elect one of their members as the chairperson and shall report the name of the chairperson and other members to the Department of Finance on or before May 1, 2012. Members shall be selected as follows: +(1) One member appointed by the county board of supervisors. +(2) One member appointed by the mayor for the city that formed the redevelopment agency. +(3) (A) One member appointed by the largest special district, by property tax share, with territory in the territorial jurisdiction of the former redevelopment agency, that is of the type of special district that is eligible to receive property tax revenues pursuant to Section 34188. +(B) On or after the effective date of this subparagraph, the county auditor-controller may determine which is the largest special district for purposes of this section. +(4) One member appointed by the county superintendent of education to represent schools, if the superintendent is elected. If the county superintendent of education is appointed, then the appointment made pursuant to this paragraph shall be made by the county board of education. +(5) One member appointed by the Chancellor of the California Community Colleges to represent community college districts in the county. +(6) One member of the public appointed by the county board of supervisors. +(7) One member representing the employees of the former redevelopment agency appointed by the mayor or chair of the board of supervisors from the recognized employee organization representing the largest number of former redevelopment agency employees employed by the successor agency at that time. If city or county employees performed administrative duties of the former redevelopment agency, the appointment shall be made from the recognized employee organization representing those employees. If a recognized employee organization does not exist for either the employees of the former redevelopment agency or the city or county employees performing administrative duties of the former redevelopment agency, the appointment shall be made from among the employees of the successor agency. In voting to approve a contract as an enforceable obligation, a member appointed pursuant to this paragraph shall not be deemed to be interested in the contract by virtue of being an employee of the successor agency or community for purposes of Section 1090 of the Government Code. +(8) If the county or a joint powers agency formed the redevelopment agency, the largest city by acreage in the territorial jurisdiction of the former redevelopment agency may select one member. If there are no cities with territory in a project area of the redevelopment agency, the county superintendent of education may appoint an additional member to represent the public. +(9) If there are no special districts of the type that are eligible to receive property tax pursuant to Section 34188 within the territorial jurisdiction of the former redevelopment agency, the county may appoint one member to represent the public. +(10) If a redevelopment agency was formed by an entity that is both a charter city and a county, the oversight board shall be composed of seven members selected as follows: three members appointed by the mayor of the city, if that appointment is subject to confirmation by the county board of supervisors; one member appointed by the largest special district, by property tax share, with territory in the territorial jurisdiction of the former redevelopment agency, that is the type of special district that is eligible to receive property tax revenues pursuant to Section 34188; one member appointed by the county superintendent of education to represent schools; one member appointed by the Chancellor of the California Community Colleges to represent community college districts; and one member representing employees of the former redevelopment agency appointed by the mayor of the city, if that appointment is subject to confirmation by the county board of supervisors, to represent the largest number of former redevelopment agency employees employed by the successor agency at that time. +(b) The Governor may appoint individuals to fill any oversight board member position described in subdivision (a) that has not been filled by May 15, 2012, or any member position that remains vacant for more than 60 days. +(c) The oversight board may direct the staff of the successor agency to perform work in furtherance of the oversight board’s duties and responsibilities under this part. The successor agency shall pay for all of the costs of meetings of the oversight board and may include those costs in its administrative budget. Oversight board members shall serve without compensation or reimbursement for expenses. +(d) Oversight board members are protected by the immunities applicable to public entities and public employees governed by Part 1 (commencing with Section 810) and Part 2 (commencing with Section 814) of Division 3.6 of Title 1 of the Government Code. +(e) A majority of the total membership of the oversight board shall constitute a quorum for the transaction of business. A majority vote of the total membership of the oversight board is required for the oversight board to take action. The oversight board shall be deemed to be a local entity for purposes of the Ralph M. Brown Act, the California Public Records Act, and the Political Reform Act of 1974. All actions taken by the oversight board shall be adopted by resolution. +(f) All notices required by law for proposed oversight board actions shall also be posted on the successor agency’s Internet Web site or the oversight board’s Internet Web site. +(g) Each member of an oversight board shall serve at the pleasure of the entity that appointed that member. +(h) The Department of Finance may review an oversight board action taken pursuant to this part. Written notice and information about all actions taken by an oversight board shall be provided to the department by electronic means and in a manner of the department’s choosing. An action shall become effective five business days after notice in the manner specified by the department is provided unless the department requests a review. Each oversight board shall designate an official to whom the department may make those requests and who shall provide the department with the telephone number and email contact information for the purpose of communicating with the department pursuant to this subdivision. Except as otherwise provided in this part, if the department requests a review of a given oversight board action, it shall have 40 days from the date of its request to approve the oversight board action or return it to the oversight board for reconsideration and the oversight board action shall not be effective until approved by the department. If the department returns the oversight board action to the oversight board for reconsideration, the oversight board shall resubmit the modified action for department approval and the modified oversight board action shall not become effective until approved by the department. If the department reviews a Recognized Obligation Payment Schedule, the department may eliminate or modify any item on that schedule prior to its approval. The county auditor-controller shall reflect the actions of the department in determining the amount of property tax revenues to allocate to the successor agency. The department shall provide notice to the successor agency and the county auditor-controller as to the reasons for its actions. To the extent that an oversight board continues to dispute a determination with the department, one or more future recognized obligation schedules may reflect any resolution of that dispute. The department may also agree to an amendment to a Recognized Obligation Payment Schedule to reflect a resolution of a disputed item, however, this shall not affect a past allocation of property tax or create a liability for any affected taxing entity. +(i) Oversight boards shall have fiduciary responsibilities to holders of enforceable obligations and the taxing entities that benefit from distributions of property tax and other revenues pursuant to Section 34188. Further, the provisions of Division 4 (commencing with Section 1000) +of Title 1 +of the Government Code shall apply to oversight boards. Notwithstanding Section 1099 of the Government Code, or any other law, any individual may simultaneously be appointed to up to five oversight boards and may hold an office in a city, county, city and county, special district, school district, or community college district. +(j) +Commencing +Except as specified in subdivision (q), commencing +on and after July 1, 2016, in each county where more than one oversight board was created by operation of the act adding this part, there shall be +only +one oversight board appointed as follows: +(1) One member may be appointed by the county board of supervisors. +(2) One member may be appointed by the city selection committee established pursuant to Section 50270 of the Government Code. In a city and county, the mayor may appoint one member. +(3) One member may be appointed by the independent special district selection committee established pursuant to Section 56332 of the Government Code, for the types of special districts that are eligible to receive property tax revenues pursuant to Section 34188. +(4) One member may be appointed by the county superintendent of education to represent schools if the superintendent is elected. If the county superintendent of education is appointed, then the appointment made pursuant to this paragraph shall be made by the county board of education. +(5) One member may be appointed by the Chancellor of the California Community Colleges to represent community college districts in the county. +(6) One member of the public may be appointed by the county board of supervisors. +(7) One member may be appointed by the recognized employee organization representing the largest number of successor agency employees in the county. +(k) The Governor may appoint individuals to fill any oversight board member position described in subdivision (j) that has not been filled by July 15, 2016, or any member position that remains vacant for more than 60 days. +(l) Commencing on and after July 1, 2016, in each county where only one oversight board was created by operation of the act adding this part, +then +there will be no change to the composition of that oversight board as a result of the operation of subdivision (b). +(m) Any oversight board for a given successor agency shall cease to exist when all of the indebtedness of the dissolved redevelopment agency has been repaid or a successor agency has dissolved the oversight board pursuant to subdivision (q). +(n) An oversight board may direct a successor agency to provide legal or financial advice in addition to that provided by agency staff. +(o) An oversight board is authorized to contract with the county or other public or private agencies for administrative support. +(p) On matters within the purview of the oversight board, decisions made by the oversight board supersede those made by the successor agency or the staff of the successor agency. +(q) Notwithstanding subdivision (j), an oversight board within the County of Los Angeles shall continue to independently operate until its successor agency adopts a resolution dissolving its oversight board and its oversight board approves that resolution, after which time the successor agency shall be overseen by the oversight board established pursuant to subdivision (j). +SEC. 3. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the County of Los Angeles.","Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies, subject to review by oversight boards, and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law authorizes, in each county where more than one oversight board was created, only one oversight board to be appointed on and after July 1, 2016. +This bill would require an oversight board within the County of Los Angeles to continue to independently operate past the July 1, 2016, consolidation date, until its successor agency adopts a resolution dissolving the board and the board approves that resolution, as provided. +This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.","An act to amend Section 34179 of the Health and Safety Code, relating to redevelopment." +453,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 527.11 of the Code of Civil Procedure is amended to read: +527.11. +(a) The owner or owner’s agent of vacant real property may register the property with the local law enforcement agency using the form contained in subdivision (a) of Section 527.12. +(1) The registration shall be signed under penalty of perjury and state that the property is vacant and is not authorized to be occupied by any person. +(2) The registration shall be accompanied with a statement providing the name, address, and telephone number at which the owner can be contacted within a 24-hour period and a statement that either the law enforcement agency or a licensed private security services company has been retained to comply with the inspection and reporting provisions of this section, together with a copy of any agreement or contract to perform those services. +(b) The owner or the owner’s agent shall register the vacant property no later than three days after the owner or owner’s agent learns that the property is vacant. +(c) The owner or owner’s agent, immediately after authorizing a person to occupy the vacant property, shall do both of the following: +(1) Issue a written authorization to the person authorized to occupy the property. +(2) Notify the law enforcement agency where the property is registered and terminate the registration. +(d) The owner or the owner’s agent, immediately upon the sale of the vacant property, shall notify the law enforcement agency where the property is registered that the property has been sold, and to terminate the registration. +(e) The licensed private security services company or law enforcement agency selected by the owner or owner’s agent pursuant to this section shall do both of the following: +(1) Inspect the vacant property not less than once every three days. +(2) Immediately notify the law enforcement agency with which the property is registered if any unauthorized person is found on the property. +(f) The law enforcement agency where the property is registered shall respond as soon as practicable after being notified pursuant to paragraph (2) of subdivision (e) that an unauthorized person is found on the property. The responding officer shall do all of the following: +(1) Verify that the property was inspected within the last three days pursuant to paragraph (2) of subdivision (e) and found to be vacant. +(2) Ascertain the identity of any person who is found on the property. +(3) Require a person who is found on the property to produce written authorization to be on the property or other evidence demonstrating the person’s right to possession. +(4) Notify any person who does not produce written authorization or other evidence pursuant to paragraph (3) that the owner or owner’s agent may seek to obtain a court order pursuant to subdivision (g) and that the person will be subject to arrest for trespass if the person is subsequently found on the property in violation of that order. +(5) Verify with the owner or the owner’s agent that the property is vacant. +(g) (1) The owner or owner’s agent of vacant real property may file an action for a temporary restraining order and injunctive relief against any person who is found on the vacant property not less than 48 hours after that person has been notified pursuant to paragraph (4) of subdivision (f). A person subject to a temporary restraining order or an injunction obtained pursuant to this subdivision is subject to arrest and imprisonment for trespass pursuant to Section 602.5 of the Penal Code for failing to vacate the property pursuant to the temporary restraining order or injunction and for civil contempt for violating a court order. +(2) The summons and complaint in an action brought pursuant to this subdivision may be served personally or by posting a copy of the summons and complaint at a prominent location on the property and mailing a copy of the summons and complaint to the property’s address. Posting and mailing a copy of the summons and complaint shall be sufficient service even if the mailed copy is returned as undeliverable if the owner or owner’s agent has proof of the mailing. +(3) The court may order a hearing on a temporary restraining order within three days following service of the summons and complaint. The date, time, and location of the hearing may be included with the summons and complaint or may be separately served on any person occupying the property in the manner set out in paragraph (2). +(4) The court may include in any temporary restraining order granted pursuant to this subdivision an order directing that the property be vacated in not less than 48 hours. The order may be enforced by the local law enforcement agency where the property is registered or the county sheriff. +(5) The disposition of any personal property of a person subject to a temporary restraining order or an injunction pursuant to this subdivision shall be governed by the procedures set forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 of the Civil Code. The person subject to the temporary restraining order or injunction shall be deemed to be a former tenant of the property for purposes of the disposition of personal property only. +(h) This section shall not be construed to limit an owner from seeking other legal remedies to have a person removed from the vacant property pursuant to any other law. +(i) A temporary restraining order or injunction ordering a person to vacate and remove personal property pursuant to this section shall not constitute a forcible entry under the provisions of Section 1159 of the Code of Civil Procedure. +(j) The local city council or board of supervisors shall establish fees for registering a vacant property with the local law enforcement agency and for the conduct of inspections by the law enforcement agency pursuant to this section, including all activities conducted by the law enforcement agency pursuant to subdivision (f). +(k) This section applies only to one- to four-unit residences in +the City of Eureka in the County of Humboldt, +the Cities of Palmdale and Lancaster in the County of Los Angeles +and +, +the City of Ukiah in the County of Mendocino +, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake +. +(l) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. +SEC. 2. +Section 527.12 of the Code of Civil Procedure is amended to read: +527.12. +(a) A property owner, or an agent of the property owner, may execute a “Declaration of Ownership” that includes language substantially similar to the language below and file it with the local law enforcement agency of the jurisdiction in which the property is located. If the property owner, or the agent of the property owner, files the declaration with the local law enforcement agency, he or she shall also post the declaration on the unoccupied residential property listed in the declaration. + +“DECLARATION OF OWNERSHIP OF RESIDENTIAL REAL PROPERTY + + +I, ____________________, declare and state: I make this declaration based upon my own personal knowledge. +1. I am the owner___, or the agent of the owner___(check one), of the residential property located at _____________________, California (“Property”). +2. Submitted with this declaration, and incorporated herein by reference, is a true and correct copy of the deed by which I obtained ownership of the Property. +3. Since obtaining ownership of the Property, no ownership interest in the Property has been conveyed or transferred to any other person or entity. +4. At the time of obtaining ownership of the Property, no person was occupying the Property and no ownership interest or right of possession in the Property has been conveyed or transferred to any other person or entity. +5. As of the present date, there are no persons authorized by me or my agent to reside within the Property. Any persons residing on this Property are doing so without any express or implied authorization from me or my agent. +6. I have not entered into any form of lease arrangement, rental agreement, or given any consent whatsoever to any persons to reside within the Property. +7. I will advise the local law enforcement agency if there is any change in the status of the Property and an occupancy is authorized by me or my agent. +8. I declare under penalty of perjury that the foregoing is true and correct. + + +EXECUTED on _________________________________, at _______________________, California” + + +(b) Notwithstanding Section 47 of the Civil Code, a property owner, or agent thereof, who files a declaration pursuant to this section that includes false information regarding the right to possess the property is liable to any person who, as a result of the declaration, is caused to vacate the property, for reasonable attorney’s fees, special damages not to exceed $2,000, and all damages resulting from the person having to vacate the property. +(c) This section applies only to one- to four-unit residences in +the City of Eureka in the County of Humboldt, +the Cities of Palmdale and Lancaster in the County of Los Angeles +and +, +the City of Ukiah in the County of Mendocino +, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake +. +(d) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. +SEC. 3. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the City of Eureka in the County of Humboldt, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake, it is first necessary to establish this program in a limited setting to analyze its effectiveness before considering an extension to other local jurisdictions. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +This authorization is necessary to expand the pilot program created in 2014 by Assembly Bill 1513 (Ch. 666, Stats. 2014) to those local jurisdictions that have expressly requested inclusion in this program to enable them to address the challenges they are facing with squatters in their respective jurisdictions.","Until January 1, 2018, existing law permits an owner of specified residential property in the Cities of Palmdale and Lancaster in the County of Los Angeles or the City of Ukiah in the County of Mendocino to register vacant real property with the local law enforcement agency and to execute a Declaration of Ownership of Residential Real Property that may be filed with the local law enforcement agency of the jurisdiction in which the property is located. Existing law requires the local law enforcement agency with which the property is registered to respond as soon as practicable after being notified that an unauthorized person has been found on the property and take specified action, including requiring a person who is found on the property to produce written authorization to be on the property or other evidence demonstrating the person’s right to possession, and notifying any person who does not produce that authorization or other evidence that the owner or owner’s agency may seek to obtain a court order and that the person will be subject to arrest for trespass if he or she is subsequently found on the property in violation of that order. +This bill would extend the residential property subject to these provisions to include the City of Eureka in the County of Humboldt, the City of Fairfield in the City of Solano, and the Counties of Humboldt and Lake. By expanding the scope of the crime of perjury and by imposing new duties on local law enforcement agencies, this bill would create a state-mandated local program. +This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Eureka in the County of Humboldt, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake.. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 527.11 and 527.12 of the Code of Civil Procedure, relating to residential property, and declaring the urgency thereof, to take effect immediately." +454,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 374 of the Streets and Highways Code is amended to read: +374. +(a) Route 74 is from: +(1) Route 5 near San Juan Capistrano to Route 15 near Lake Elsinore. +(2) Route 15 near Lake Elsinore to Route 215 near Perris. +(3) Route 215 near Perris to the southern city limit of Palm Desert. +(b) The relinquished former portions of Route 74 within the Cities of Palm Desert and Perris are not state highways and are not eligible for adoption under Section 81. For the former portions of Route 74 relinquished under this subdivision, the Cities of Palm Desert and Perris shall maintain within their respective jurisdictions signs directing motorists to the continuation of Route 74 and shall ensure the continuity of traffic flow on the relinquished portions of Route 74, including any traffic signal progression. +(c) (1) The commission may relinquish to the City of Lake Elsinore the portion of Route 74 located within the city limits of that city, upon terms and conditions the commission finds to be in the best interests of the state. +(2) Any relinquishment agreement shall require that the City of Lake Elsinore administer the operation and maintenance of the highway in a manner consistent with professional traffic engineering standards. +(3) Any relinquishment agreement shall require the City of Lake Elsinore to ensure that appropriate traffic studies or analyses will be performed to substantiate any decisions affecting the highway. +(4) Any relinquishment agreement shall also require the City of Lake Elsinore to provide for public notice and the consideration of public input on the proximate effects of any proposed decision on traffic flow, residences, or businesses, other than a decision on routine maintenance. +(5) Notwithstanding any of its other terms, any relinquishment agreement shall require the City of Lake Elsinore to indemnify and hold the department harmless from any liability for any claims made or damages suffered by any person, including a public entity, as a result of any decision made or action taken by the City of Lake Elsinore, its officers, employees, contractors, or agents, with respect to the design, maintenance, construction, or operation of that portion of Route 74 that is to be relinquished to the city. +(6) A relinquishment under this subdivision shall become effective immediately after the county recorder records the relinquishment resolution that contains the commission’s approval of the terms and conditions of the relinquishment. +(7) On and after the effective date of the relinquishment, both of the following shall occur: +(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway. +(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81. +(8) The City of Lake Elsinore shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression. +(9) For portions of Route 74 relinquished under this subdivision, the City of Lake Elsinore shall maintain signs directing motorists to the continuation of Route 74. +(d) (1) Notwithstanding subdivision (a), the commission may relinquish to the City of Hemet the portion of Route 74 that is located within the city limits of the City of Hemet, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the City of Hemet enter into an agreement providing for that relinquishment. +(2) A relinquishment under this subdivision shall become effective immediately following the recordation by the county recorder of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. +(3) On and after the effective date of the relinquishment, both of the following shall occur: +(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway. +(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81. +(4) The City of Hemet shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression. +(5) For portions of Route 74 relinquished under this subdivision, the City of Hemet shall maintain signs directing motorists to the continuation of Route 74. +(e) (1) Notwithstanding subdivision (a), the commission may relinquish to the County of Riverside the portion of Route 74 that is located within the unincorporated area east of the City of Lake Elsinore and west of the City of Perris, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the County of Riverside enter into an agreement providing for that relinquishment. +(2) A relinquishment under this subdivision shall become effective immediately after the county recorder records the relinquishment resolution that contains the commission’s approval of the terms and conditions of the relinquishment. +(3) On and after the effective date of the relinquishment, both of the following shall occur: +(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway. +(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81. +(4) For portions of Route 74 relinquished under this subdivision, the County of Riverside shall maintain signs directing motorists to the continuation of Route 74.","Existing law provides that the Department of Transportation has full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish certain state highway segments to local agencies. +This bill would authorize the commission to relinquish to the County of Riverside that portion of State Highway Route 74 located in the unincorporated area east of the City of Lake Elsinore and west of the City of Perris under specified conditions.","An act to amend Section 374 of the Streets and Highways Code, relating to state highways." +455,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1808.4 of the Vehicle Code is amended to read: +1808.4. +(a) For all of the following persons, his or her home address that appears in a record of the department is confidential if the person requests the confidentiality of that information: +(1) Attorney General. +(2) State Public Defender. +(3) A Member of the Legislature. +(4) A judge or court commissioner. +(5) A district attorney. +(6) A public defender. +(7) An attorney employed by the Department of Justice, the office of the State Public Defender, or a county office of the district attorney or public defender. +(8) A city attorney and an attorney who submits verification from his or her public employer that the attorney represents the city in matters that routinely place the attorney in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if that attorney is employed by a city attorney. +(9) A nonsworn police dispatcher. +(10) A child abuse investigator or social worker, working in child protective services within a social services department. +(11) An active or retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. +(12) An employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, +or +the Prison Industry Authority +, or the State Department of State Hospitals +specified in Sections +20403 and +20403, +20405 +, and 20407 +of the Government Code. +(13) A nonsworn employee of a city police department, a county sheriff’s office, the Department of the California Highway Patrol, a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, who submits agency verification that, in the normal course of his or her employment, he or she controls or supervises inmates or is required to have a prisoner in his or her care or custody. +(14) A county counsel assigned to child abuse cases. +(15) An investigator employed by the Department of Justice, a county district attorney, or a county public defender. +(16) A member of a city council. +(17) A member of a board of supervisors. +(18) A federal prosecutor, criminal investigator, or National Park Service Ranger working in this state. +(19) An active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances. +(20) An employee of a trial court. +(21) A psychiatric social worker employed by a county. +(22) A police or sheriff department employee designated by the +Chief of Police +chief of police +of the department or the sheriff of the county as being in a sensitive position. A designation pursuant to this paragraph shall, for purposes of this section, remain in effect for three years subject to additional designations that, for purposes of this section, shall remain in effect for additional three-year periods. +(23) A state employee in one of the following classifications: +(A) Licensing Registration Examiner, Department of Motor Vehicles. +(B) Motor Carrier Specialist 1, Department of the California Highway Patrol. +(C) Museum Security Officer and Supervising Museum Security Officer. +(D) Licensing Program Analyst, +State +Department of Social Services. +(24) (A) The spouse or child of a person listed in paragraphs (1) to (23), inclusive, regardless of the spouse’s or child’s place of residence. +(B) The surviving spouse or child of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if the peace officer died in the line of duty. +(C) (i) Subparagraphs (A) and (B) shall not apply if the person listed in those subparagraphs was convicted of a crime and is on active parole or probation. +(ii) For requests made on or after January 1, 2011, the person requesting confidentiality for their spouse or child listed in subparagraph (A) or (B) shall declare, at the time of the request for confidentiality, whether the spouse or child has been convicted of a crime and is on active parole or probation. +(iii) Neither the listed person’s employer nor the department shall be required to verify, or be responsible for verifying, that a person listed in subparagraph (A) or (B) was convicted of a crime and is on active parole or probation. +(b) The confidential home address of a person listed in subdivision (a) shall not be disclosed, except to any of the following: +(1) A court. +(2) A law enforcement agency. +(3) The State Board of Equalization. +(4) An attorney in a civil or criminal action that demonstrates to a court the need for the home address, if the disclosure is made pursuant to a subpoena. +(5) A governmental agency to which, under any +provision of +law, information is required to be furnished from records maintained by the department. +(c) (1) A record of the department containing a confidential home address shall be open to public inspection, as provided in Section 1808, if the address is completely obliterated or otherwise removed from the record. +(2) Following termination of office or employment, a confidential home address shall be withheld from public inspection for three years, unless the termination is the result of conviction of a criminal offense. If the termination or separation is the result of the filing of a criminal complaint, a confidential home address shall be withheld from public inspection during the time in which the terminated individual may file an appeal from termination, while an appeal from termination is ongoing, and until the appeal process is exhausted, after which confidentiality shall be at the discretion of the employing agency if the termination or separation is upheld. Upon reinstatement to an office or employment, the protections of this section are available. +(3) With respect to a retired peace officer, his or her home address shall be withheld from public inspection permanently upon request of confidentiality at the time the information would otherwise be opened. The home address of the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer. +(4) The department shall inform a person who requests a confidential home address what agency the individual whose address was requested is employed by or the court at which the judge or court commissioner presides. +(d) A violation of subdivision (a) by the disclosure of the confidential home address of a peace officer, as specified in paragraph (11) of subdivision (a), a nonsworn employee of the city police department or county sheriff’s office, or the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriff’s office, or the spouses or children of these persons is a felony. +SECTION 1. +Section 4150 of the +Vehicle Code +is amended to read: +4150. +Application for the original or renewal registration of a vehicle of a type that is required to be registered under this code shall be made by the owner to the department upon the appropriate form furnished by it and shall contain all of the following information: +(a)The true, full name, business or residence and mailing address, and driver’s license or identification card number, if any, of the owner, and the true, full name and business or residence or mailing address of the legal owner, if any. +(b)The name of the county in which the owner resides. +(c)A description of the vehicle, including the following data insofar as it may exist: +(1)The make, model, and type of body. +(2)The vehicle identification number or any other identifying number as may be required by the department. +(3)The date first sold by a manufacturer, remanufacturer, or dealer to a consumer. +(d)Any other information that is reasonably required by the department to enable it to determine whether the vehicle is lawfully entitled to registration.","Existing law prohibits the disclosure of the home addresses of certain public employees and officials, including an employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities or the Prison Industry Authority, that appear in records of the Department of Motor Vehicles, except to a court, a law enforcement agency, an attorney in a civil or criminal action under certain circumstances, and certain other official entities. +This bill would extend that prohibition, subject to those same exceptions, to the disclosure of the home addresses of an employee of the State Department of State Hospitals, as specified. +Existing law requires the owner of a vehicle of a type required to be registered under the Vehicle Code to submit an application for the original or renewal registration of that vehicle to the Department of Motor Vehicles upon the appropriate form furnished by the department. +This bill would make technical, nonsubstantive changes to these provisions.","An act to amend Section +4150 +1808.4 +of the Vehicle Code, relating to +vehicles +vehicle records +." +456,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3003 of the Penal Code is amended to read: +3003. +(a) Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. For purposes of this subdivision, “last legal residence” shall not be construed to mean the county wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital. +(b) Notwithstanding subdivision (a), an inmate may be returned to another county if that would be in the best interests of the public. If the Board of Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 1170, decides on a return to another county, it shall place its reasons in writing in the parolee’s permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community: +(1) The need to protect the life or safety of a victim, the parolee, a witness, or any other person. +(2) Public concern that would reduce the chance that the inmate’s parole would be successfully completed. +(3) The verified existence of a work offer, or an educational or vocational training program. +(4) The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmate’s parole would be successfully completed. +(5) The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960. +(c) The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims. +(d) In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing him or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release. +(e) (1) The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions: +(A) Last, first, and midd> +(ii) City and ZIP Code. +(iii) Date that the address provided pursuant to this subparagraph was proposed to be effective. +(K) Contact officer and unit, including all of the following information: +(i) Name and telephone number of each contact officer. +(ii) Contact unit type of each contact officer such as units responsible for parole, registration, or county probation. +(L) A digitized image of the photograph and at least a single digit fingerprint of the parolee. +(M) A geographic coordinate for the inmate’s residence location for use with a Geographical Information System (GIS) or comparable computer program. +(2) Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmate’s tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA. +(3) Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe. +(4) All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request. +(5) The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143. +(f) Notwithstanding any other law, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, a violent felony as defined in paragraphs (1) to (7), inclusive, and paragraph (16) of subdivision (c) of Section 667.5 or a felony in which the defendant inflicts great bodily injury on a person other than an accomplice that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of a victim or witness. +(g) Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one-half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive. +(h) Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victim’s actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county. +(i) The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions. +(j) An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450). +(k) (1) Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision. +(2) Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards. +(l) In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law generally requires that an inmate released on parole or postrelease community supervision be returned to the county of last legal residence. Existing law provides, however, that an inmate who is released on parole for an offense involving stalking shall not be returned to a location within 35 miles of the victim’s actual residence or place of employment if specified criteria are satisfied. +This bill would make that provision applicable to an inmate released on postrelease community supervision. The bill would also authorize a supervising county agency to transfer an inmate who is released on postrelease community supervision to another county, upon approval of the receiving county, when the inmate cannot be placed in his or her county of last legal residence in compliance with this provision. The bill would make other clarifying changes. By imposing additional duties on supervising county agencies, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 3003 of the Penal Code, relating to postconviction supervised release." +457,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12814.6 of the Vehicle Code is amended to read: +12814.6. +(a) Except as provided in Section 12814.7, a driver’s license issued to a person at least 16 years of age but under 18 years of age shall be issued pursuant to the provisional licensing program contained in this section. The program shall consist of all of the following components: +(1) Upon application for an original license, the applicant shall be issued an instruction permit pursuant to Section 12509. A person who has in his or her immediate possession a valid permit issued pursuant to Section 12509 may operate a motor vehicle, other than a motorcycle or motorized bicycle, only when the person is either taking the driver training instruction referred to in paragraph (3) or practicing that instruction, provided the person is accompanied by, and is under the immediate supervision of, a California licensed driver 25 years of age or older whose driving privilege is not on probation. The age requirement of this paragraph does not apply if the licensed driver is the parent, spouse, or guardian of the permitholder or is a licensed or certified driving instructor. +(2) The person shall hold an instruction permit for not less than six months prior to applying for a provisional driver’s license. +(3) The person shall have complied with one of the following: +(A) Satisfactory completion of approved courses in automobile driver education and driver training maintained pursuant to provisions of the Education Code in +any +a +secondary school of California, or equivalent instruction in a secondary school of another state. +(B) Satisfactory completion of an integrated driver education and training program that is approved by the department and conducted by a driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5. The program shall utilize segmented modules, whereby a portion of the educational instruction is provided by, and then reinforced through, specific behind-the-wheel training before moving to the next phase of driver education and training. The program shall contain a minimum of 30 hours of classroom instruction and six hours of behind-the-wheel training. +(C) Satisfactory completion of six hours or more of behind-the-wheel instruction by a driving school or an independent driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 and either an accredited course in automobile driver education in +any +a +secondary school of California pursuant to provisions of the Education Code or satisfactory completion of equivalent professional instruction acceptable to the department. To be acceptable to the department, the professional instruction shall meet minimum standards to be prescribed by the department, and the standards shall be at least equal to the requirements for driver education and driver training contained in the rules and regulations adopted by the State Board of Education pursuant to the Education Code. A person who has complied with this +subdivision +subparagraph +shall not be required by the governing board of a school district to comply with subparagraph (A) in order to graduate from high school. +(D) Except as provided under subparagraph (B), a student may not take driver training instruction, unless he or she has successfully completed driver education. +(4) The person shall complete 50 hours of supervised driving practice prior to the issuance of a provisional license, which is in addition to any other driver training instruction required by law. Not less than 10 of the required practice hours shall include driving during darkness, as defined in Section 280. Upon application for a provisional license, the person shall submit to the department the certification of a parent, spouse, guardian, or licensed or certified driving instructor that the applicant has completed the required amount of driving practice and is prepared to take the department’s driving test. A person without a parent, spouse, guardian, or who is an emancipated minor, may have a licensed driver 25 years of age or older or a licensed or certified driving instructor complete the certification. This requirement does not apply to motorcycle practice. +(5) The person shall successfully complete an examination required by the department. Before retaking a test, the person shall wait for not less than one week after failure of the written test and for not less than two weeks after failure of the driving test. +(b) Except as provided in Section 12814.7, the provisional driver’s license shall be subject to all of the following restrictions: +(1) Except as specified in paragraph (2), +during the first 12 months after issuance of a provisional license +the licensee may not do any of the following unless accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor: +(A) Drive between the hours of 11 p.m. and 5 a.m. +(B) Transport passengers who are under 20 years of age. +(2) A licensee may drive between the hours of 11 p.m. and 5 a.m. or transport an immediate family member without being accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor, in the following circumstances: +(A) Medical necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the necessity. +(B) Schooling or school-authorized activities of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from the school principal, dean, or school staff member designated by the principal or dean, containing a probable date that the schooling or school-authorized activity will have been completed. +(C) Employment necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from the employer, verifying employment and containing a probable date that the employment will have been completed. +(D) Necessity of the licensee or the licensee’s immediate family member when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary to transport the licensee or the licensee’s immediate family member. The licensee shall keep in his or her possession a signed statement from a parent or legal guardian verifying the reason and containing a probable date that the necessity will have ceased. +(E) The licensee is an emancipated minor. +(c) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of the restrictions imposed under subdivision (b). +(d) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether a driver who is subject to the license restrictions in subdivision (b) is in violation of Article 2.5 (commencing with Section 118947) of Chapter 4 of Part 15 of Division 104 of the Health and Safety Code. +(e) (1) Upon a finding that +any +a +licensee has violated paragraph (1) of subdivision (b), the court shall impose one of the following: +(A) Not less than eight hours nor more than 16 hours of community service for a first offense and not less than 16 hours nor more than 24 hours of community service for a second or subsequent offense. +(B) A fine of not more than thirty-five dollars ($35) for a first offense and a fine of not more than fifty dollars ($50) for a second or subsequent offense. +(2) If the court orders community service, the court shall retain jurisdiction until the hours of community service have been completed. +(3) If the hours of community service have not been completed within 90 days, the court shall impose a fine of not more than thirty-five dollars ($35) for a first offense and not more than fifty dollars ($50) for a second or subsequent offense. +(f) A conviction of paragraph (1) of subdivision (b), when reported to the department, may not be disclosed as otherwise specified in Section 1808 or constitute a violation point count value pursuant to Section 12810. +(g) +Any +A +term of restriction or suspension of the driving privilege imposed on a person pursuant to this subdivision shall remain in effect until the end of the term even though the person becomes 18 years of age before the term ends. +(1) The driving privilege shall be suspended +when +if +the record of the person shows one or more notifications issued pursuant to Section 40509 or 40509.5. The suspension shall continue until +any +a +notification issued pursuant to Section 40509 or 40509.5 has been cleared. +(2) A 30-day restriction shall be imposed +when +if +a driver’s record shows a violation point count of two or more points in 12 months, as determined in accordance with Section 12810. The restriction shall require the licensee to be accompanied by a licensed parent, spouse, guardian, or other licensed driver 25 years of age or older, except when operating a class M vehicle, or so licensed, with no passengers aboard. +(3) A six-month suspension of the driving privilege and a one-year term of probation shall be imposed +whenever +if +a licensee’s record shows a violation point count of three or more points in 12 months, as determined in accordance with Section 12810. The terms and conditions of probation shall include, but not be limited to, both of the following: +(A) The person shall violate no law which, if resulting in conviction, is reportable to the department under Section 1803. +(B) The person shall remain free from accident responsibility. +(h) Whenever action by the department under subdivision (g) arises as a result of a motor vehicle accident, the person may, in writing and within 10 days, demand a hearing to present evidence that he or she was not responsible for the accident upon which the action is based. Whenever action by the department is based upon a conviction reportable to the department under Section 1803, the person has no right to a hearing pursuant to Article 3 (commencing with Section 14100) of Chapter 3. +(i) The department shall require a person whose driving privilege is suspended or revoked pursuant to subdivision (g) to submit proof of financial responsibility as defined in Section 16430. The proof of financial responsibility shall be filed on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following the date of reinstatement. +(j) (1) Notwithstanding any other provision of this code, the department may issue a distinctive driver’s license, that displays a distinctive color or a distinctively colored stripe or other distinguishing characteristic, to persons at least 16 years of age and older but under 18 years of age, and to persons 18 years of age and older but under 21 years of age, so that the distinctive license feature is immediately recognizable. The features shall clearly differentiate between driver’s licenses issued to persons at least 16 years of age or older but under 18 years of age and to persons 18 years of age or older but under 21 years of age. +(2) If changes in the format or appearance of driver’s licenses are adopted pursuant to this subdivision, those changes may be implemented under +any +a +new contract for the production of driver’s licenses entered into after the adoption of those changes. +(k) The department shall include, on the face of the provisional driver’s license, the original issuance date of the provisional driver’s license in addition to any other issuance date. +(l) This section shall be known and may be cited as the Brady-Jared Teen Driver Safety Act of 1997. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Brady-Jared Teen Driver Safety Act of 1997, provides for the issuance of a driver’s license to an applicant who is at least 16 years of age but under 18 years of age pursuant to the provisional licensing program. Under existing law, a person licensed under this program is prohibited, during the first 12 months after issuance of a provisional license, from driving during the hours of 11 p.m. and 5 a.m. or from transporting passengers who are under 20 years of age, subject to specified exceptions. Under existing law, a violation of these provisions is an infraction. +This bill would prohibit a person with a provisional license, from engaging in those prohibited activities until the provisional period ends when the person reaches 18 years of age. By expanding the scope of a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 12814.6 of the Vehicle Code, relating to driver’s licenses." +458,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The intent of the Legislature in enacting this measure is to clarify that licensed pawnbrokers and secondhand dealers are not weighmasters. +(b) The Legislature finds and declares that this clarification is necessary following the enactment of Senate Bill 485 of the 2013–14 Regular Session of the Legislature, and the Department of Food and Agriculture’s subsequent administrative interpretation that pawnbrokers and secondhand dealers are subject to the provisions regulating weighmasters. +SEC. 2. +Section 12701 of the Business and Professions Code, as amended by Section 1 of Chapter 693 of the Statutes of 2012, is amended to read: +12701. +The following persons are not weighmasters: +(a) Retailers weighing, measuring, or counting commodities for sale by them in retail stores in the presence of, and directly to, consumers. +(b) Except for persons subject to Section 12730, producers of agricultural commodities or livestock, who weigh commodities produced or purchased by them or by their producer neighbors, when no charge is made for the weighing, or when no signed or initialed statement or memorandum is issued of the weight upon which a purchase or sale of the commodity is based. +(c) Common carriers issuing bills of lading on which are recorded, for the purpose of computing transportation charges, the weights of commodities offered for transportation, including carriers of household goods when transporting shipments weighing less than 1,000 pounds. +(d) Milk samplers and weighers licensed pursuant to Article 8 (commencing with Section 35161) of Chapter 12 of Part 1 of Division 15 of the Food and Agricultural Code, when performing the duties for which they are licensed. +(e) Persons who measure the amount of oil, gas, or other fuels for purposes of royalty computation and payment, or other operations of fuel and oil companies and their retail outlets. +(f) Newspaper publishers weighing or counting newspapers for sale to dealers or distributors. +(g) Textile maintenance establishments weighing, counting, or measuring any articles in connection with the business of those establishments. +(h) County sanitation districts operating pursuant to Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code, garbage and refuse disposal districts operating pursuant to Chapter 2 (commencing with Section 49100) of Part 8 of Division 30 of the Public Resources Code, and solid waste facilities, as defined in Section 40194 of the Public Resources Code. +(i) Facilities that handle medical waste and that report net weights, and not estimates, to the generator of the medical waste and the Department of Public Health in accordance with the provisions of the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). +(j) Persons who purchase scrap metal or salvage materials pursuant to a nonprofit recycling program, or recycling centers certified pursuant to Division 12.1 (commencing with Section 14500) of the Public Resources Code that purchase empty beverage containers from the public for recycling. +(k) Pest control operators licensed pursuant to Chapter 4 (commencing with Section 11701) of Division 6 of the Food and Agricultural Code. +(l) Retailers or recycling centers established solely for the redemption of empty beverage containers, as that phrase is defined in Section 14512 of the Public Resources Code, who are weighing, measuring, or counting salvage or returnable materials for purchase or redemption by them in retail stores, or, in the case of recycling centers, on the retail store premises or on a parking lot immediately adjacent to a retail store that is used for the purpose of parking by the store customers, directly from and in the presence of the seller. “Retailer” means an entity that derives 90 percent or more of its income from the sale of small quantities of food or nonfood items, or both, directly to consumers. “Salvage materials” means used paper products and used containers made of aluminum, tin, glass, or plastic. +(m) Any log scaler who performs log scaling functions, except weighing, as defined in the United States Forest Service Handbook, Supplement No. 4 of March 1987. +(n) Pawnbrokers licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code, and secondhand dealers licensed pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, when the pawnbroker or secondhand dealer weighs property that it acquires and reports the acquisition of the property pursuant to Section 21208 of the Financial Code or Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, respectively. +(o) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. +SEC. 3. +Section 12701 of the Business and Professions Code, as added by Section 2 of Chapter 693 of the Statutes of 2012, is amended to read: +12701. +The following persons are not weighmasters: +(a) Retailers weighing, measuring, or counting commodities for sale by them in retail stores in the presence of, and directly to, consumers. +(b) Except for persons subject to Section 12730, producers of agricultural commodities or livestock, who weigh commodities produced or purchased by them or by their producer neighbors, when no charge is made for the weighing, or when no signed or initialed statement or memorandum is issued of the weight upon which a purchase or sale of the commodity is based. +(c) Common carriers issuing bills of lading on which are recorded, for the purpose of computing transportation charges, the weights of commodities offered for transportation, including carriers of household goods when transporting shipments weighing less than 1,000 pounds. +(d) Milk samplers and weighers licensed pursuant to Article 8 (commencing with Section 35161) of Chapter 12 of Part 1 of Division 15 of the Food and Agricultural Code, when performing the duties for which they are licensed. +(e) Persons who measure the amount of oil, gas, or other fuels for purposes of royalty computation and payment, or other operations of fuel and oil companies and their retail outlets. +(f) Newspaper publishers weighing or counting newspapers for sale to dealers or distributors. +(g) Textile maintenance establishments weighing, counting, or measuring any articles in connection with the business of those establishments. +(h) County sanitation districts operating pursuant to Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code, garbage and refuse disposal districts operating pursuant to Chapter 2 (commencing with Section 49100) of Part 8 of Division 30 of the Public Resources Code, and solid waste facilities, as defined in Section 40194 of the Public Resources Code. +(i) Persons who purchase scrap metal or salvage materials pursuant to a nonprofit recycling program, or recycling centers certified pursuant to Division 12.1 (commencing with Section 14500) of the Public Resources Code that purchase empty beverage containers from the public for recycling. +(j) Pest control operators licensed pursuant to Chapter 4 (commencing with Section 11701) of Division 6 of the Food and Agricultural Code. +(k) Retailers, or recycling centers established solely for the redemption of empty beverage containers, as that phrase is defined in Section 14512 of the Public Resources Code, who are weighing, measuring, or counting salvage or returnable materials for purchase or redemption by them in retail stores, or, in the case of recycling centers, on the retail store premises or on a parking lot immediately adjacent to a retail store that is used for the purpose of parking by the store customers, directly from and in the presence of the seller. “Retailer” means an entity that derives 90 percent or more of its income from the sale of small quantities of food or nonfood items, or both, directly to consumers. “Salvage materials” means used paper products and used containers made of aluminum, tin, glass, or plastic. +(l) Any log scaler who performs log scaling functions, except weighing, as defined in the United States Forest Service Handbook, Supplement No. 4 of March 1987. +(m) Pawnbrokers licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code, and secondhand dealers licensed pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, when the pawnbroker or secondhand dealer weighs property that it acquires and reports the acquisition of the property pursuant to Section 21208 of the Financial Code or Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, respectively. +(n) This section shall become operative on January 1, 2017. +SEC. 4. +Section 12703.1 of the Business and Professions Code is amended to read: +12703.1. +(a) In addition to any other requirements for issuance of a license pursuant to this chapter, if the applicant is a recycler or junk dealer as defined in Section 21601, the department shall require the applicant to furnish all of the following information accurately on any application for a new license or the renewal of a license issued pursuant to this chapter: +(1) A copy of the applicant’s current business license. +(2) A statement indicating that the applicant has either filed an application for a stormwater permit or is not required to obtain a stormwater permit. +(3) A statement indicating that the applicant has the equipment necessary to comply with the photographic and thumbprinting requirements for the purchase and sale of nonferrous materials pursuant to Section 21608.5 or a statement indicating that the applicant will not be purchasing or selling nonferrous materials and is not required to comply with Section 21608.5. +(4) A statement indicating that the applicant has requested to receive theft alert notifications pursuant to subdivision (a) of Section 21608.7, unless that requirement does not apply pursuant to subdivision (b) of that section. +(5) The name or names of any deputy weighmasters. +(b) The department shall issue a license to a junk dealer or recycler upon receipt of an application for a new license or renewal of a license that contains the information required by subdivision (a) and that is accompanied by the appropriate fee. +(c) (1) On or before December 31, 2014, upon issuance of a license to a junk dealer or recycler, or renewal of such a license, the department shall make a thorough investigation of all of the information contained in the application within 90 days. If the license is issued or renewed on or after January 1, 2015, the department shall make a thorough investigation of all the information contained in the application within 90 days for a new license, and within one calendar year for a renewal of a license. +(2) Notwithstanding Section 12708, if the department determines that the information submitted pursuant to subdivision (a) is materially inaccurate, the department shall revoke the license issued to a junk dealer or recycler unless the junk dealer or recycler complies with the requirements of subdivision (a) within 14 days of notice from the department of a proposed revocation pursuant to this subdivision. +(3) A junk dealer or recycler whose license has been revoked pursuant to this subdivision is entitled to a hearing conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. +(d) The secretary may enter into a cooperative agreement with any county sealer to carry out the provisions of this section. +(e) This section shall not apply to a pawnbroker licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code and a secondhand dealer licensed pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8. +(f) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.","Existing law requires a person who weighs, measures, or counts a commodity and issues a statement or memorandum of the weight, measure, or count that is used as the basis for either the purchase or sale of that commodity or charge for service, to obtain a license as a weighmaster from the Department of Food and Agriculture, and imposes a license fee and various other requirements on weighmasters. Existing law exempts specified persons from those provisions by establishing a list of persons who are not weighmasters. Existing law, until January 1, 2019, requires the department to require a recycler or junk dealer who is an applicant for a new weighmaster license or a renewal of a weighmaster license to furnish specified additional information on the application. +This bill would add licensed pawnbrokers and secondhand dealers to the list of persons who are not weighmasters and would specify that pawnbrokers and secondhand dealers are exempt from the above-described provision applicable to a junk dealer or recycler who is an applicant for a weighmaster license.","An act to amend Sections 12701 and 12703.1 of the Business and Professions Code, relating to weighmasters." +459,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 18544 of the Elections Code is amended to read: +18544. +(a) +Any +It is unlawful for a +person in possession of a firearm +or any +, a +uniformed peace officer, private guard, or security +personnel +person +or any person who is wearing a uniform of a peace officer, guard, or security +personnel +person +, +who is +to be +stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate city or county elections official +. Violation of this section +is punishable by a fine not exceeding +ten +sixteen +thousand dollars +($10,000) +($16,000) +, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment. +The fine amount shall be adjusted annually by any annual increase in the California Consumer Price Index, as determined pursuant to Section 2212 of the Revenue and Taxation Code. +(b) This section +shall +does +not apply to +any of +the following: +(1) An unarmed uniformed guard or security +personnel +person +who is at the polling place to cast his or her vote. +(2) A peace officer who is conducting official business in the course of his or her public employment or who is at the polling place to cast his or her vote. +(3) A private guard or security +personnel +person +hired or arranged for by a city or county elections official. +(4) A private guard or security +personnel +person +hired or arranged for by the owner or manager of the facility or property in which the polling place is located if the guard or security +personnel +person +is not hired or arranged solely for the day on which an election is held. +SEC. 2. +Section 18545 of the Elections Code is amended to read: +18545. +Any person who hires or arranges for any other +It is unlawful for a person to hire or arrange for a +person in possession of a firearm +or any +, a +uniformed peace officer, private guard, or security +personnel +person +or any person who is wearing a uniform of a peace officer, guard, or security +personnel +person +, to be stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate elections official +. Violation of this section +is punishable by a fine not exceeding +ten +sixteen +thousand dollars +($10,000) +($16,000) +, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment. +The fine amount shall be adjusted annually by any annual increase in the California Consumer Price Index, as determined pursuant to Section 2212 of the Revenue and Taxation Code. +This section +shall +does +not apply to the owner or manager of the facility or property in which the polling place is located if the private guard or security +personnel +person +is not hired or arranged solely for the day on which the election is held. +SECTION 1. +Section 14026 of the +Elections Code +is amended to read: +14026. +As used in this chapter: +(a)“At-large method of election” means any of the following methods of electing members to the governing body of a political subdivision: +(1)One in which the voters of the entire jurisdiction elect the members to the governing body. +(2)One in which the candidates are required to reside within given areas of the jurisdiction and the voters of the entire jurisdiction elect the members to the governing body. +(3)One which combines at-large elections with district-based elections. +(b)“District-based elections” means a method of electing members to the governing body of a political subdivision in which the candidate must reside within an election district that is a divisible part of the political subdivision and is elected only by voters residing within that election district. +(c)“Political subdivision” means a geographic area of representation created for the provision of government services, including, but not limited to, a city, a school district, a community college district, or other district organized pursuant to state law. +(d)“Protected class” means a class of voters who are members of a race, color, or language minority group, as this class is defined in the federal Voting Rights Act (42 U.S.C. Sec. 1973 et seq.). +(e)“Racially polarized voting” means voting in which there is a difference, as defined in case law regarding enforcement of the federal Voting Rights Act (42 U.S.C. Sec. 1973 et seq.), in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate. The methodologies for estimating group voting behavior as approved in applicable federal cases to enforce the federal Voting Rights Act (42 U.S.C. Sec. 1973 et seq.) to establish racially polarized voting may be used for purposes of this section to prove that elections are characterized by racially polarized voting.","Existing law prohibits a person in possession of a firearm, uniformed peace officer, private guard, or security personnel from being stationed or posted at a polling place without written authorization of the appropriate elections official. Violation of this provision is punishable by a fine not exceeding $10,000, imprisonment in the state prison for 16 months or 2 or 3 years, or in a county jail for not more than one year, or by both fine and imprisonment. +Existing law prohibits the hiring of or arranging for a person in possession of a firearm, uniformed peace officer, private guard, or security personnel to be stationed or posted at a polling place without written authorization of the appropriate elections official. Violation of this provision is punishable by a fine not exceeding $10,000, imprisonment in the state prison for 16 months or 2 or 3 years, or in a county jail for not more than one year, or by both fine and imprisonment. +This bill would increase the maximum fine for those offenses to $16,000 and require that the fine amount be adjusted annually by any annual increase in the California Consumer Price Index, as described. +The California Voting Rights Act of 2001 (CVRA) prohibits the use of an at-large election in a political subdivision if it would impair the ability of a protected class, as defined, to elect candidates of its choice or otherwise influence the outcome of an election. The CVRA provides that a violation of the act is established if it is shown that racially polarized voting, as defined, has occurred, and provides that the occurrence of racially polarized voting shall be determined from examining the results of elections in which at least one candidate is a member of a protected class or elections involving ballot measures or other electoral choices that affect the rights and privileges of members of a protected class. The CVRA provides that a voter who is a member of a protected class, as specified, may bring an action in superior court to enforce the provisions of the CVRA, and, if the voter prevails in the case, he or she may be awarded reasonable litigation costs and attorney’s fees. +This bill would make technical, nonsubstantive changes to provisions of law defining several terms for purposes of the CVRA.","An act to amend +Section 14026 +Sections 18544 and 18545 +of the Elections Code, relating to elections." +460,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 30652 of the Food and Agricultural Code is amended to read: +30652. +All fees for the issuance of dog license tags and all fines collected pursuant to this division shall be paid into the county, city, or city and county treasury, as the case may be, and shall be used: +(a) First, to pay fees for the issuance of dog license tags. +(b) Second, to pay fees, salaries, costs, expenses, or any or all of them for the enforcement of this division and all ordinances which are made pursuant to this division. +(c) Third, to pay damages to owners of livestock which are killed by dogs. +(d) Fourth, to pay costs of any hospitalization or emergency care of animals pursuant to Section 597f of the Penal Code. +(e) Fifth, to pay for initial and in-service training for persons charged with enforcing animal control laws, including animal control officers. +SEC. 2. +Section 830.9 of the Penal Code is amended to read: +830.9. +(a) Animal control officers are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the power to serve warrants as specified in Sections 1523 and 1530 during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers pursuant to Section 832. +(b) (1) Every person appointed as an animal control officer prior to July 1, 2016, shall complete a course in the exercise of the powers of arrest +and to serve warrants +pursuant to Section 832 no later than July 1, 2017. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms. +(2) An animal control officer who completed a course in the exercise of the powers of arrest +and to serve warrants +pursuant to Section 832 prior to January 1, 2016, +and who has not had a break in employment, as an animal control officer or other position that utilized a peace officer’s powers of arrest and to serve warrants, of longer than three years, +shall be deemed to have satisfied the training requirements described in paragraph (1). +(c) Every person appointed as an animal control officer on or after July 1, 2016, shall complete a course in the exercise of the powers of arrest +and to serve warrants +pursuant to Section 832 within one year of his or her appointment. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms. +(d) Every animal control officer described in this section, prior to the exercise of the powers of +arrest and to serve warrants, +arrest, +shall have satisfactorily completed the course of training described in Section 832. +An animal control officer is not required to repeat the course of training described in Section 832 if the officer has not had a break in employment, as an animal control officer or other position that utilized a peace officer’s powers of arrest and to serve warrants, of longer than three years. +(e) Every person appointed as a director, manager, or supervisor, or any person in direct control of +the officers employed by +an animal control agency, on or after July 1, 2016, shall complete a course in the exercise of the powers of arrest +and to serve warrants +pursuant to Section 832 within one year of his or her appointment. +(f) (1) During each three-year period following the date described in paragraph (2), every animal control officer shall satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer, which education and training shall be sponsored or provided by an accredited postsecondary institution, the Commission on Peace Officer Standards and Training, a law enforcement agency, the National Animal Care and Control Association, the California Animal Control Directors Association, the California Veterinary Medical Association, or the State Humane Association of California. +(2) Every animal control officer appointed prior to July 1, 2016, shall comply with the requirements of paragraph (1) no later than July 1, 2019, and every three years thereafter. Every animal control officer appointed on or after July 1, 2016, shall comply with the requirements of paragraph (1) within three years of the date of his or her appointment, and every three years thereafter. +(3) +The minimum hours and required topics of continuing education and training may be determined by the California Animal Control Directors Association. +Continuing education and training shall include at least four hours of +course work +coursework +in the exercise of the powers of arrest and to serve warrants taught by a Commission on Peace Officer Standards and Training certified +instructor. +instructor, four hours of course +work in officer safety, four hours of course +work in animal-related laws, four hours of course +work in conducting investigations, and four hours of course +work in one or more of the topics of animal handling, animal care, animal diseases, or public health. +This section does not restrict the ability of an agency employing an animal control officer from providing the training required by this subdivision utilizing instructors or curriculum from within the agency or from an allied agency, provided the topic and length of instruction otherwise comply with this subdivision. +(4) Records of training shall be maintained by the animal control officer’s employing agency. +(5) The failure to satisfactorily complete the continuing education and training requirements under this subdivision within 90 days after the expiration of each three-year period shall result in the immediate suspension of the authority granted under subdivision (a). +(g) This section does not supersede any existing training requirements, including, but not limited to, the training requirements set forth in subdivision (g) of Section 22295. +(h) This section does not apply to an animal control officer who is a peace officer pursuant to Section 830.1. +(i) For the purposes of this section, “firearms” includes capture guns, blowguns, carbon dioxide operated rifles and pistols, air guns, handguns, rifles, and shotguns. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice. Existing law requires the commission to carry out various duties related to the education and training of peace officers, as defined. +Existing law provides that animal control officers are not peace officers but may exercise the powers of arrest of a peace officer and the power to serve warrants, as specified, during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers. +This bill would require every person appointed as an animal control officer prior to July 1, 2016, to complete a course in the exercise of the powers of arrest +and to serve warrants +no later than July 1, 2017. This bill would require every person appointed as an animal control officer, and every person appointed as a director, manager, or supervisor, or any person in direct control of +the officers employed by +an animal control agency, on or after July 1, 2016, to complete a course in the exercise of the powers of arrest +and to serve warrants +within one year of his or her appointment, as specified. This bill would require every animal control officer, prior to the exercise of the powers of +arrest and to serve warrants, +arrest, +to have satisfactorily completed the required course of training. +This bill would also require every animal control officer appointed prior to July 1, 2016, to satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer, no later than July 1, 2019, and every 3 years thereafter, as specified. The bill would require every animal control officer appointed on or after July 1, 2016, to comply with those requirements within 3 years of the date of his or her appointment, and every 3 years thereafter. +The bill would specify that the above training and continuing training requirements do not apply to an animal control officer who is a peace officer. +By imposing new training requirements on local employees, this bill would impose a state-mandated local program. +(2) Existing law provides for the regulation and licensing of dogs, including the issuance of dog license tags. Existing law requires that fees for the issuance of dog license tags and fines collected for a violation of the provisions regulating and licensing dogs be paid into the county, city, or city and county treasury and that they be used for specified purposes, including to pay costs and expenses for the enforcement of those provisions. +This bill would expand the list of purposes for which those fees and fines +shall +are required to +be used to include paying for initial and in-service training for persons charged with enforcing animal control laws, including animal control officers. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 30652 of the Food and Agricultural Code, and to amend Section 830.9 of the Penal Code, relating to animal control officers." +461,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2290.5 of the Business and Professions Code is amended to read: +2290.5. +(a) For purposes of this division, the following definitions shall apply: +(1) “Asynchronous store and forward” means the transmission of a patient’s medical information from an originating site to the health care provider at a distant site without the presence of the patient. +(2) “Distant site” means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system. +(3) “Health care provider” means either of the following: +(A) A person who is licensed under this division. +(B) A marriage and family therapist intern or trainee functioning pursuant to Section 4980.43. +(4) “Originating site” means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates. +(5) “Synchronous interaction” means a real-time interaction between a patient and a health care provider located at a distant site. +(6) “Telehealth” means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care while the patient is at the originating site and the health care provider is at a distant site. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers. +(b) Prior to the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented. +(c) Nothing in this section shall preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth. +(d) The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section. +(e) This section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law. +(f) All laws regarding the confidentiality of health care information and a patient’s rights to his or her medical information shall apply to telehealth interactions. +(g) This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility. +(h) (1) Notwithstanding any other provision of law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations. +(2) By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1). +(3) For the purposes of this subdivision, “telehealth” shall include “telemedicine” as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations. +SEC. 2. +Section 4980.43 of the Business and Professions Code is amended to read: +4980.43. +(a) Prior to applying for licensure examinations, each applicant shall complete experience that shall comply with the following: +(1) A minimum of 3,000 hours completed during a period of at least 104 weeks. +(2) Not more than 40 hours in any seven consecutive days. +(3) Not less than 1,700 hours of supervised experience completed subsequent to the granting of the qualifying master’s or doctoral degree. +(4) Not more than 1,300 hours of supervised experience obtained prior to completing a master’s or doctoral degree. +The applicant shall not be credited with more than 750 hours of counseling and direct supervisor contact prior to completing the master’s or doctoral degree. +(5) No hours of experience may be gained prior to completing either 12 semester units or 18 quarter units of graduate instruction and becoming a trainee except for personal psychotherapy. +(6) No hours of experience may be gained more than six years prior to the date the application for examination eligibility was filed, except that up to 500 hours of clinical experience gained in the supervised practicum required by subdivision (c) of Section 4980.37 and subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 shall be exempt from this six-year requirement. +(7) Not more than a combined total of 1,000 hours of experience in the following: +(A) Direct supervisor contact. +(B) Professional enrichment activities. For purposes of this chapter, “professional enrichment activities” include the following: +(i) Workshops, seminars, training sessions, or conferences directly related to marriage and family therapy attended by the applicant that are approved by the applicant’s supervisor. An applicant shall have no more than 250 hours of verified attendance at these workshops, seminars, training sessions, or conferences. +(ii) Participation by the applicant in personal psychotherapy, which includes group, marital or conjoint, family, or individual psychotherapy by an appropriately licensed professional. An applicant shall have no more than 100 hours of participation in personal psychotherapy. The applicant shall be credited with three hours of experience for each hour of personal psychotherapy. +(8) Not more than 500 hours of experience providing group therapy or group counseling. +(9) For all hours gained on or after January 1, 2012, not more than 500 hours of experience in the following: +(A) Experience administering and evaluating psychological tests, writing clinical reports, writing progress notes, or writing process notes. +(B) Client centered advocacy. +(10) Not less than 500 total hours of experience in diagnosing and treating couples, families, and children. For up to 150 hours of treating couples and families in conjoint therapy, the applicant shall be credited with two hours of experience for each hour of therapy provided. +(11) Not more than 375 hours of experience providing personal psychotherapy, crisis counseling, or other counseling services via telehealth in accordance with Section 2290.5. +(12) It is anticipated and encouraged that hours of experience will include working with elders and dependent adults who have physical or mental limitations that restrict their ability to carry out normal activities or protect their rights. +This subdivision shall only apply to hours gained on and after January 1, 2010. +(b) All applicants, trainees, and registrants shall be at all times under the supervision of a supervisor who shall be responsible for ensuring that the extent, kind, and quality of counseling performed is consistent with the training and experience of the person being supervised, and who shall be responsible to the board for compliance with all laws, rules, and regulations governing the practice of marriage and family therapy. Supervised experience shall be gained by interns and trainees only as an employee or as a volunteer. The requirements of this chapter regarding gaining hours of experience and supervision are applicable equally to employees and volunteers. Experience shall not be gained by interns or trainees as an independent contractor. +(1) If employed, an intern shall provide the board with copies of the corresponding W-2 tax forms for each year of experience claimed upon application for licensure. +(2) If volunteering, an intern shall provide the board with a letter from his or her employer verifying the intern’s employment as a volunteer upon application for licensure. +(c) Except for experience gained pursuant to subparagraph (B) of paragraph (7) of subdivision (a), supervision shall include at least one hour of direct supervisor contact in each week for which experience is credited in each work setting, as specified: +(1) A trainee shall receive an average of at least one hour of direct supervisor contact for every five hours of client contact in each setting. No more than six hours of supervision, whether individual or group, shall be credited during any single week. +(2) An individual supervised after being granted a qualifying degree shall receive at least one additional hour of direct supervisor contact for every week in which more than 10 hours of client contact is gained in each setting. No more than six hours of supervision, whether individual or group, shall be credited during any single week. +(3) For purposes of this section, “one hour of direct supervisor contact” means one hour per week of face-to-face contact on an individual basis or two hours per week of face-to-face contact in a group. +(4) Direct supervisor contact shall occur within the same week as the hours claimed. +(5) Direct supervisor contact provided in a group shall be provided in a group of not more than eight supervisees and in segments lasting no less than one continuous hour. +(6) Notwithstanding paragraph (3), an intern working in a governmental entity, a school, a college, or a university, or an institution that is both nonprofit and charitable may obtain the required weekly direct supervisor contact via two-way, real-time videoconferencing. The supervisor shall be responsible for ensuring that client confidentiality is upheld. +(7) All experience gained by a trainee shall be monitored by the supervisor as specified by regulation. +(8) The six hours of supervision that may be credited during any single week pursuant to paragraphs (1) and (2) shall apply to supervision hours gained on or after January 1, 2009. +(d) (1) A trainee may be credited with supervised experience completed in any setting that meets all of the following: +(A) Lawfully and regularly provides mental health counseling or psychotherapy. +(B) Provides oversight to ensure that the trainee’s work at the setting meets the experience and supervision requirements set forth in this chapter and is within the scope of practice for the profession as defined in Section 4980.02. +(C) Is not a private practice owned by a licensed marriage and family therapist, a licensed professional clinical counselor, a licensed psychologist, a licensed clinical social worker, a licensed physician and surgeon, or a professional corporation of any of those licensed professions. +(2) Experience may be gained by the trainee solely as part of the position for which the trainee volunteers or is employed. +(e) (1) An intern may be credited with supervised experience completed in any setting that meets both of the following: +(A) Lawfully and regularly provides mental health counseling or psychotherapy. +(B) Provides oversight to ensure that the intern’s work at the setting meets the experience and supervision requirements set forth in this chapter and is within the scope of practice for the profession as defined in Section 4980.02. +(2) An applicant shall not be employed or volunteer in a private practice, as defined in subparagraph (C) of paragraph (1) of subdivision (d), until registered as an intern. +(3) While an intern may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration to interns. +(4) Except for periods of time during a supervisor’s vacation or sick leave, an intern who is employed or volunteering in private practice shall be under the direct supervision of a licensee that has satisfied the requirements of subdivision (g) of Section 4980.03. The supervising licensee shall either be employed by and practice at the same site as the intern’s employer, or shall be an owner or shareholder of the private practice. Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the supervision meets the requirements of this section. +(5) Experience may be gained by the intern solely as part of the position for which the intern volunteers or is employed. +(f) Except as provided in subdivision (g), all persons shall register with the board as an intern in order to be credited for postdegree hours of supervised experience gained toward licensure. +(g) Except when employed in a private practice setting, all postdegree hours of experience shall be credited toward licensure so long as the applicant applies for the intern registration within 90 days of the granting of the qualifying master’s or doctoral degree and is thereafter granted the intern registration by the board. +(h) Trainees, interns, and applicants shall not receive any remuneration from patients or clients, and shall only be paid by their employers. +(i) Trainees, interns, and applicants shall only perform services at the place where their employers regularly conduct business, which may include performing services at other locations, so long as the services are performed under the direction and control of their employer and supervisor, and in compliance with the laws and regulations pertaining to supervision. For purposes of paragraph (3) of subdivision (a) of Section 2290.5, interns and trainees working under licensed supervision, consistent with subdivision (b), may provide services via telehealth within the scope authorized by this chapter and in accordance with any regulations governing the use of telehealth promulgated by the board. Trainees and interns shall have no proprietary interest in their employers’ businesses and shall not lease or rent space, pay for furnishings, equipment, or supplies, or in any other way pay for the obligations of their employers. +(j) Trainees, interns, or applicants who provide volunteered services or other services, and who receive no more than a total, from all work settings, of five hundred dollars ($500) per month as reimbursement for expenses actually incurred by those trainees, interns, or applicants for services rendered in any lawful work setting other than a private practice shall be considered an employee and not an independent contractor. The board may audit applicants who receive reimbursement for expenses, and the applicants shall have the burden of demonstrating that the payments received were for reimbursement of expenses actually incurred. +(k) Each educational institution preparing applicants for licensure pursuant to this chapter shall consider requiring, and shall encourage, its students to undergo individual, marital or conjoint, family, or group counseling or psychotherapy, as appropriate. Each supervisor shall consider, advise, and encourage his or her interns and trainees regarding the advisability of undertaking individual, marital or conjoint, family, or group counseling or psychotherapy, as appropriate. Insofar as it is deemed appropriate and is desired by the applicant, the educational institution and supervisors are encouraged to assist the applicant in locating that counseling or psychotherapy at a reasonable cost.","Under existing law, “telehealth” is defined as the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care while the patient is at the originating site and the health care provider is at a distant site, and “health care provider” is defined as a person who is licensed under specified provisions of law relating to healing arts. Existing law requires a health care provider prior to the delivery of health care services via telehealth to inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth. Existing law, the Licensed Marriage and Family Therapist Act, provides for the registration of marriage and family therapist interns and regulates marriage and family therapist trainees. Existing law requires applicants for a marriage and family therapist license to complete specified experience subject to certain limitations, including no more than a certain number of hours providing counseling services via telehealth. Existing law requires all marriage and family therapist trainees and registrants to be supervised at all times by a supervisor, as defined, responsible for ensuring that the extent, kind, and quality of counseling performed is consistent with the training and experience of the person being supervised. Existing law requires the supervisor to be responsible to the board for compliance with all laws, rules, and regulations governing the practice of marriage and family therapy. +This bill would expand the definition of health care provider to include a marriage and family therapist intern or trainee, as specified. The bill would also authorize a marriage and family therapist intern and trainee to provide services via telehealth if he or she is supervised as required by the act, and is acting within the scope authorized by the act and in accordance with any regulations governing the use of telehealth promulgated by the Board of Behavioral Sciences.","An act to amend Sections 2290.5 and 4980.43 of the Business and Professions Code, relating to healing arts." +462,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1720 of the Labor Code is amended to read: +1720. +(a) As used in this chapter, “public works” means: +(1) Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds, except work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority. For purposes of this paragraph, “construction” includes work performed during the design and preconstruction phases of construction, including, but not limited to, inspection and land surveying work, and work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. For purposes of this paragraph, “installation” includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems. +(2) Work done for irrigation, utility, reclamation, and improvement districts, and other districts of this type. “Public work” does not include the operation of the irrigation or drainage system of any irrigation or reclamation district, except as used in Section 1778 relating to retaining wages. +(3) Street, sewer, or other improvement work done under the direction and supervision or by the authority of any officer or public body of the state, or of any political subdivision or district thereof, whether the political subdivision or district operates under a freeholder’s charter or not. +(4) The laying of carpet done under a building lease-maintenance contract and paid for out of public funds. +(5) The laying of carpet in a public building done under contract and paid for in whole or in part out of public funds. +(6) Public transportation demonstration projects authorized pursuant to Section 143 of the Streets and Highways Code. +(7) (A) Infrastructure project grants from the California Advanced Services Fund pursuant to Section 281 of the Public Utilities Code. +(B) For purposes of this paragraph, the Public Utilities Commission is not the awarding body or the body awarding the contract, as defined in Section 1722. +(b) For purposes of this section, “paid for in whole or in part out of public funds” means all of the following: +(1) The payment of money or the equivalent of money by the state or political subdivision directly to or on behalf of the public works contractor, subcontractor, or developer. +(2) Performance of construction work by the state or political subdivision in execution of the project. +(3) Transfer by the state or political subdivision of an asset of value for less than fair market price. +(4) Fees, costs, rents, insurance or bond premiums, loans, interest rates, or other obligations that would normally be required in the execution of the contract, that are paid, reduced, charged at less than fair market value, waived, or forgiven by the state or political subdivision. +(5) Money loaned by the state or political subdivision that is to be repaid on a contingent basis. +(6) Credits that are applied by the state or political subdivision against repayment obligations to the state or political subdivision. +(c) Notwithstanding subdivision (b): +(1) Private residential projects built on private property are not subject to the requirements of this chapter unless the projects are built pursuant to an agreement with a state agency, redevelopment agency, or local public housing authority. +(2) If the state or a political subdivision requires a private developer to perform construction, alteration, demolition, installation, or repair work on a public work of improvement as a condition of regulatory approval of an otherwise private development project, and the state or political subdivision contributes no more money, or the equivalent of money, to the overall project than is required to perform this public improvement work, and the state or political subdivision maintains no proprietary interest in the overall project, then only the public improvement work shall thereby become subject to this chapter. +(3) (A) If the state or a political subdivision reimburses a private developer for costs that would normally be borne by the public, or provides directly or indirectly a public subsidy to a private development project that is de minimis in the context of the project, an otherwise private development project shall not thereby become subject to the requirements of this chapter. +(B) For purposes of subparagraph (A), a public subsidy is de minimis if it is both less than two hundred fifty thousand dollars ($250,000) and less than 2 percent of the total project cost. This subparagraph shall not apply to a project that was advertised for bid, or a contract that was awarded, before July 1, 2016. +(4) The construction or rehabilitation of affordable housing units for low- or moderate-income persons pursuant to paragraph (5) or (7) of subdivision (e) of Section 33334.2 of the Health and Safety Code that are paid for solely with moneys from the Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the Health and Safety Code or that are paid for by a combination of private funds and funds available pursuant to Section 33334.2 or 33334.3 of the Health and Safety Code do not constitute a project that is paid for in whole or in part out of public funds. +(5) Unless otherwise required by a public funding program, the construction or rehabilitation of privately owned residential projects is not subject to the requirements of this chapter if one or more of the following conditions are met: +(A) The project is a self-help housing project in which no fewer than 500 hours of construction work associated with the homes are to be performed by the home buyers. +(B) The project consists of rehabilitation or expansion work associated with a facility operated on a not-for-profit basis as temporary or transitional housing for homeless persons with a total project cost of less than twenty-five thousand dollars ($25,000). +(C) Assistance is provided to a household as either mortgage assistance, downpayment assistance, or for the rehabilitation of a single-family home. +(D) The project consists of new construction, expansion, or rehabilitation work associated with a facility developed by a nonprofit organization to be operated on a not-for-profit basis to provide emergency or transitional shelter and ancillary services and assistance to homeless adults and children. The nonprofit organization operating the project shall provide, at no profit, not less than 50 percent of the total project cost from nonpublic sources, excluding real property that is transferred or leased. Total project cost includes the value of donated labor, materials, architectural, and engineering services. +(E) The public participation in the project that would otherwise meet the criteria of subdivision (b) is public funding in the form of below-market interest rate loans for a project in which occupancy of at least 40 percent of the units is restricted for at least 20 years, by deed or regulatory agreement, to individuals or families earning no more than 80 percent of the area median income. +(d) Notwithstanding any provision of this section to the contrary, the following projects shall not, solely by reason of this section, be subject to the requirements of this chapter: +(1) Qualified residential rental projects, as defined by Section 142(d) of the Internal Revenue Code, financed in whole or in part through the issuance of bonds that receive allocation of a portion of the state ceiling pursuant to Chapter 11.8 (commencing with Section 8869.80) of Division 1 of Title 2 of the Government Code on or before December 31, 2003. +(2) Single-family residential projects financed in whole or in part through the issuance of qualified mortgage revenue bonds or qualified veterans’ mortgage bonds, as defined by Section 143 of the Internal Revenue Code, or with mortgage credit certificates under a Qualified Mortgage Credit Certificate Program, as defined by Section 25 of the Internal Revenue Code, that receive allocation of a portion of the state ceiling pursuant to Chapter 11.8 (commencing with Section 8869.80) of Division 1 of Title 2 of the Government Code on or before December 31, 2003. +(3) Low-income housing projects that are allocated federal or state low-income housing tax credits pursuant to Section 42 of the Internal Revenue Code, Chapter 3.6 (commencing with Section 50199.4) of Part 1 of Division 31 of the Health and Safety Code, or Section 12206, 17058, or 23610.5 of the Revenue and Taxation Code, on or before December 31, 2003. +(e) If a statute, other than this section, or a regulation, other than a regulation adopted pursuant to this section, or an ordinance or a contract applies this chapter to a project, the exclusions set forth in subdivision (d) do not apply to that project. +(f) For purposes of this section, references to the Internal Revenue Code mean the Internal Revenue Code of 1986, as amended, and include the corresponding predecessor sections of the Internal Revenue Code of 1954, as amended. +(g) The amendments made to this section by either Chapter 938 of the Statutes of 2001 or the act adding this subdivision shall not be construed to preempt local ordinances requiring the payment of prevailing wages on housing projects.","Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Existing law defines “public works” to include, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds, but exempts from that definition, among other projects, an otherwise private development project if the state or political subdivision provides, directly or indirectly, a public subsidy to the private development project that is de minimis in the context of the project. +This bill would provide that a public subsidy is de minimis if it is both less than $250,000 and less than 2% of the total project cost. The bill would specify that those provisions do not apply to a project that was advertised for bid, or a contract that was awarded, before July 1, 2016.","An act to amend Section 1720 of the Labor Code, relating to public works." +463,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 987.010 is added to the Military and Veterans Code, immediately following Section 987.009, to read: +987.010. +The departments shall give a preference to applicants for funding from the Veterans Housing and Homeless Prevention Bond Act of 2014 for supportive housing projects when the applicant can demonstrate a multiyear commitment of Mental Health Services Act funding for the applicant’s project funding plan. +SEC. 2. +Section 5845 of the Welfare and Institutions Code is amended to read: +5845. +(a) The Mental Health Services Oversight and Accountability Commission is hereby established to oversee Part 3 (commencing with Section 5800), the Adult and Older Adult Mental Health System of Care Act; Part 3.1 (commencing with Section 5820), Human Resources, Education, and Training Programs; Part 3.2 (commencing with Section 5830), Innovative Programs; Part 3.6 (commencing with Section 5840), Prevention and Early Intervention Programs; and Part 4 (commencing with Section 5850), the Children’s Mental Health Services Act. The commission shall replace the advisory committee established pursuant to Section 5814. The commission shall consist of 18 voting members as follows: +(1) The Attorney General or his or her designee. +(2) The Superintendent of Public Instruction or his or her designee. +(3) The Chairperson of the Senate Health and Human Services Committee or another member of the Senate selected by the President pro Tempore of the Senate. +(4) The Chairperson of the Assembly Health Committee or another member of the Assembly selected by the Speaker of the Assembly. +(5) Two persons with a severe mental illness, a family member of an adult or senior with a severe mental illness, a family member of a child who has or has had a severe mental illness, a physician specializing in alcohol and drug treatment, a mental health professional, a county sheriff, a superintendent of a school district, a representative of a labor organization, a representative of an employer with less than 500 employees and a representative of an employer with more than 500 employees, a person with knowledge and experience in reducing mental health disparities, a veteran with knowledge about veteran’s mental health issues, and a representative of a health care services plan or insurer, all appointed by the Governor. In making appointments, the Governor shall seek individuals who have had personal or family experience with mental illness. +(b) Members shall serve without compensation, but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties. +(c) The term of each member shall be three years, to be staggered so that approximately one-third of the appointments expire in each year. +(d) In carrying out its duties and responsibilities, the commission may do all of the following: +(1) Meet at least once each quarter at any time and location convenient to the public as it may deem appropriate. All meetings of the commission shall be open to the public. +(2) Within the limit of funds allocated for these purposes, pursuant to the laws and regulations governing state civil service, employ staff, including any clerical, legal, and technical assistance as may appear necessary. The commission shall administer its operations separate and apart from the State Department of Health Care Services and the California Health and Human Services Agency. +(3) Establish technical advisory committees such as a committee of consumers and family members. +(4) Employ all other appropriate strategies necessary or convenient to enable it to fully and adequately perform its duties and exercise the powers expressly granted, notwithstanding any authority expressly granted to any officer or employee of state government. +(5) Enter into contracts. +(6) Obtain data and information from the State Department of Health Care Services, the Office of Statewide Health Planning and Development, or other state or local entities that receive Mental Health Services Act funds, for the commission to utilize in its oversight, review, training and technical assistance, accountability, and evaluation capacity regarding projects and programs supported with Mental Health Services Act funds. +(7) Participate in the joint state-county decisionmaking process, as contained in Section 4061, for training, technical assistance, and regulatory resources to meet the mission and goals of the state’s mental health system. +(8) Develop strategies to overcome stigma and discrimination, and accomplish all other objectives of Part 3.2 (commencing with Section 5830), 3.6 (commencing with Section 5840), and the other provisions of the act establishing this commission. +(9) At any time, advise the Governor or the Legislature regarding actions the state may take to improve care and services for people with mental illness. +(10) If the commission identifies a critical issue related to the performance of a county mental health program, it may refer the issue to the State Department of Health Care Services pursuant to Section 5655. +(11) Assist in providing technical assistance to accomplish the purposes of the Mental Health Services Act, Part 3 (commencing with Section 5800), and Part 4 (commencing with Section 5850) in collaboration with the State Department of Health Care Services and in consultation with the California Mental Health Directors Association. +(12) Work in collaboration with the State Department of Health Care Services and the California Mental Health Planning Council, and in consultation with the California Mental Health Directors Association, in designing a comprehensive joint plan for a coordinated evaluation of client outcomes in the community-based mental health system, including, but not limited to, parts listed in subdivision (a). The California Health and Human Services Agency shall lead this comprehensive joint plan effort. +SEC. 3. +Section 14684 of the Welfare and Institutions Code is amended to read: +14684. +Notwithstanding any other law, and to the extent permitted by federal law, mental health plans, whether administered by public or private entities, shall be governed by the following guidelines: +(a) State and federal Medi-Cal funds identified for the diagnosis and treatment of mental illness shall be used solely for those purposes. Administrative costs incurred by counties for activities necessary for the administration of the mental health plan shall be clearly identified and shall be reimbursed in a manner consistent with federal Medicaid requirements and the approved Medicaid state plan and waivers. Administrative requirements shall be based on and limited to federal Medicaid requirements and the approved Medicaid state plan and waivers, and shall not impose costs exceeding funds available for that purpose. +(b) The development of the mental health plan shall include a public planning process that includes a significant role for Medi-Cal beneficiaries, family members, mental health advocates, providers, and public and private contract agencies. +(c) The mental health plan shall include appropriate standards relating to quality, access, and coordination of services within a managed system of care, and costs established under the plan, and shall provide opportunities for existing Medi-Cal providers to continue to provide services under the mental health plan, as long as the providers meet those standards. +(d) Continuity of care for current recipients of services shall be ensured in the transition to managed mental health care. +(e) Medi-Cal covered specialty mental health services shall be provided in the beneficiary’s home community, or as close as possible to the beneficiary’s home community. Pursuant to the objectives of the rehabilitation option described in subdivision (a) of Section 14021.4, mental health services may be provided in a facility, a home, or other community-based site. +(f) Medi-Cal beneficiaries whose mental or emotional condition results or has resulted in functional impairment, as defined by the department, shall be eligible for covered specialty mental health services. Emphasis shall be placed on adults with serious and persistent mental illness and children with serious emotional disturbances, as defined by the department. +(g) Mental health plans shall provide specialty mental health services to eligible Medi-Cal beneficiaries, including both adults and children. Specialty mental health services include Early and Periodic Screening, Diagnosis, and Treatment Services to eligible Medi-Cal beneficiaries under +the age of +21 +years of age +pursuant to Section 1396d(a)(4)(B) of Title 42 of the United States Code. +(h) Each mental health plan shall include a mechanism for monitoring the effectiveness of, and evaluating accessibility and quality of, services available. The plan shall utilize and be based upon state-adopted performance outcome measures and shall include review of individual service plan procedures and practices, a beneficiary satisfaction component, and a grievance system for beneficiaries and providers. +(i) Each mental health plan shall provide for culturally competent and age-appropriate services, to the extent feasible. The mental health plan shall assess the cultural competency needs of the program. The mental health plan shall include, as part of the quality assurance program required by Section 14725, a process to accommodate the significant needs with reasonable timeliness. The department shall provide demographic data and technical assistance. Performance outcome measures shall include a reliable method of measuring and reporting the extent to which services are culturally competent and +age-appropriate. +age appropriate. +The department shall +submit +post +the cultural competence plan component of each mental health plan +to the Legislature, in compliance with Section 9795 of the Government Code, +on a dedicated Internet Web page +within 30 days after the mental health plan has been submitted to the department for +approval. +approval and shall notify the appropriate fiscal and policy committees of the Legislature once the plan is available on the Internet Web page. +SEC. 4. +The Legislature finds and declares that Section 2 of this act is consistent with, and furthers the purposes of, the Mental Health Services Act.","Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Fund to fund various county mental health programs, and establishes the Mental Health Services Oversight and Accountability Commission, which consists of 16 members, to oversee the administration of various parts of the act. Existing law authorizes the act to be amended by a +2/3 +vote of the Legislature if the amendments are consistent with, and further the purposes of, the act. +This bill would expand the commission by 2 additional members who each have specified mental health knowledge and experience, to be appointed by the Governor. By amending the provisions of the Mental Health Services Act, this bill requires a +2/3 +vote of the Legislature. +Existing law, the Veterans Housing and Homeless Prevention Bond Act of 2014 (bond act), an initiative measure enacted by the voters as Proposition 41 at the June 3, 2014, primary election, authorized $600 million in bonds to provide multifamily housing to low-income veterans and supportive housing for homeless veterans, through the Veterans Housing and Homeless Prevention Act of 2014. Existing law, the Veterans Housing and Homeless Prevention Act of 2014, provides for the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable transitional housing, affordable rental housing, and related facilities for veterans and their families to allow veterans to access and maintain housing stability. Existing law requires the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs, to work collaboratively for those purposes. +This bill would require those departments to give a preference to applicants for funding pursuant to the bond act for supportive housing projects when the applicant can demonstrate a multiyear commitment of Mental Health Services Act funding for the applicant’s housing project funding plan. +Existing law requires county mental health plans, whether administered by public or private entities, to be governed by specified guidelines, including, among other things, providing for culturally competent and age-appropriate services, to the extent feasible. Existing law requires a mental health plan to have a cultural competence plan with specified components. +This bill would require the Department of Health Care Services to +submit +post +the cultural competence plan component of each county mental health plan +to the Legislature +on a dedicated Internet Web page +within 30 days of the department receiving the +plan. +plan and to notify the appropriate fiscal and policy committees of the Legislature when the plan is available on the Internet Web page. +The bill would declare that the amendments to the provisions of the Mental Health Services Act are consistent with, and further the purposes of, that act.","An act to add Section 987.010 to the Military and Veterans Code, and to amend Sections 5845 and 14684 of the Welfare and Institutions Code, relating to mental health." +464,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature that the statutory changes made by this act do both of the following: +(a) Encourage increased voter participation. +(b) Not alter the date of a runoff election provided for in the principal act of a district. +SEC. 2. +Section 1000 of the Elections Code is amended to read: +1000. +(a) The established election dates in each year are as follows: +(1) The second Tuesday of April in each even-numbered year. +(2) The first Tuesday after the first Monday in March of each odd-numbered year. +(3) The first Tuesday after the first Monday in June in each year. +(4) The first Tuesday after the first Monday in November of each year. +(b) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 3. +Section 1000 is added to the Elections Code, to read: +1000. +(a) The established election dates in each year are as follows: +(1) The first Tuesday after the first Monday in June. +(2) The first Tuesday after the first Monday in November. +(b) This section shall become operative on January 1, 2020. +SEC. 4. +Section 1301 of the Elections Code is amended to read: +1301. +(a) Except as required by Section 57379 of the Government Code, and except as provided in subdivision (b), a general municipal election shall be held on an established election date pursuant to Section 1000. +(b) (1) Notwithstanding subdivision (a), a city council may enact an ordinance, pursuant to Division 10 (commencing with Section 10000), requiring its general municipal election to be held the same day as the statewide direct primary election, the day of the statewide general election, the day of school district elections as set forth in Section 1302, the first Tuesday after the first Monday of March in each odd-numbered year, or the second Tuesday of April in each year. An ordinance adopted pursuant to this subdivision shall become operative upon approval by the board of supervisors. +(2) In the event of consolidation, the general municipal election shall be conducted in accordance with all applicable procedural requirements of this code pertaining to that primary, general, or school district election, and shall thereafter occur in consolidation with that election. +(c) If a city adopts an ordinance described in subdivision (b), the municipal election following the adoption of the ordinance and each municipal election thereafter shall be conducted on the date specified by the city council, in accordance with subdivision (b), unless the ordinance in question is later repealed by the city council. +(d) If the date of a general municipal election is changed pursuant to subdivision (b), at least one election shall be held before the ordinance, as approved by the board of supervisors, may be subsequently repealed or amended. +(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 5. +Section 1301 is added to the Elections Code, to read: +1301. +(a) Except as required by Section 57379 of the Government Code, and except as provided in subdivision (b), a general municipal election shall be held on an established election date pursuant to Section 1000. +(b) (1)   A city council may enact an ordinance, pursuant to Division 10 (commencing with Section 10000), requiring its general municipal election to be held the same day as the statewide direct primary election, the day of the statewide general election, or the day of school district elections as set forth in Section 1302. An ordinance adopted pursuant to this subdivision shall become operative upon approval by the board of supervisors. +(2) In the event of consolidation, the general municipal election shall be conducted in accordance with all applicable procedural requirements of this code pertaining to that primary, general, or school district election, and shall thereafter occur in consolidation with that election. +(c) If a city adopts an ordinance described in subdivision (b), the municipal election following the adoption of the ordinance and each municipal election thereafter shall be conducted on the date specified by the city council, in accordance with subdivision (b), unless the ordinance in question is later repealed by the city council. +(d) If the date of a general municipal election is changed pursuant to subdivision (b), at least one election shall be held before the ordinance, as approved by the board of supervisors, may be subsequently repealed or amended. +(e) This section shall become operative on January 1, 2020. +SEC. 6. +Section 13112 of the Elections Code is amended to read: +13112. +The Secretary of State shall conduct a drawing of the letters of the alphabet, the result of which shall be known as a randomized alphabet. The procedure shall be as follows: +(a) Each letter of the alphabet shall be written on a separate slip of paper, each of which shall be folded and inserted into a capsule. Each capsule shall be opaque and of uniform weight, color, size, shape, and texture. The capsules shall be placed in a container, which shall be shaken vigorously in order to mix the capsules thoroughly. The container then shall be opened and the capsules removed at random one at a time. As each capsule is removed, it shall be opened and the letter on the slip of paper read aloud and written down. The resulting random order of letters constitutes the randomized alphabet, which is to be used in the same manner as the conventional alphabet in determining the order of all candidates in all elections. For example, if two candidates with the surnames Campbell and Carlson are running for the same office, their order on the ballot will depend on the order in which the letters M and R were drawn in the randomized alphabet drawing. +(b) (1) There shall be six drawings, three in each even-numbered year and three in each odd-numbered year. Each drawing shall be held at 11 a.m. on the date specified in this subdivision. The results of each drawing shall be mailed immediately to each county elections official responsible for conducting an election to which the drawing applies, who shall use it in determining the order on the ballot of the names of the candidates for office. +(A) The first drawing under this subdivision shall take place on the 82nd day before the April general law city elections of an even-numbered year, and shall apply to those elections and any other elections held at the same time. +(B) The second drawing under this subdivision shall take place on the 82nd day before the direct primary of an even-numbered year, and shall apply to all candidates on the ballot in that election. +(C) (i) The third drawing under this subdivision shall take place on the 82nd day before the November general election of an even-numbered year, and shall apply to all candidates on the ballot in the November general election. +(ii) In the case of the primary election and the November general election, the Secretary of State shall certify and transmit to each county elections official the order in which the names of federal and state candidates, with the exception of candidates for State Senate and Assembly, shall appear on the ballot. The elections official shall determine the order on the ballot of all other candidates using the appropriate randomized alphabet for that purpose. +(D) The fourth drawing under this subdivision shall take place on the 82nd day before the March general law city elections of each odd-numbered year, and shall apply to those elections and any other elections held at the same time. +(E) The fifth drawing under this subdivision shall take place on the 82nd day before the first Tuesday after the first Monday in June of each odd-numbered year, and shall apply to all candidates on the ballot in the elections held on that date. +(F) The sixth drawing under this subdivision shall take place on the 82nd day before the first Tuesday after the first Monday in November of the odd-numbered year, and shall apply to all candidates on the ballot in the elections held on that date. +(2) If there will be an election of candidates to a special district, school district, charter city, or other local government body at the same time as one of the five major election dates specified in subparagraphs (A) to (F), inclusive, of paragraph (1) and the last possible day to file nomination papers for the local election would occur after the date of the drawing for the major election date, the procedure set forth in Section 13113 shall apply. +(c) Each randomized alphabet drawing shall be open to the public. At least 10 days before a drawing, the Secretary of State shall notify the news media and other interested parties of the date, time, and place of the drawing. The president of each statewide association of local officials with responsibilities for conducting elections shall be invited by the Secretary of State to attend each drawing or send a representative. The state chairman of each qualified political party shall be invited to attend or send a representative in the case of drawings held to determine the order of candidates on the primary election ballot, the November general election ballot, or a special election ballot as provided for in subdivision (d). +(d) In the case of a special election for State Assembly, State Senate, or Representative in Congress, on the first weekday after the close of filing of nomination papers for the office, the Secretary of State shall conduct a public drawing to produce a randomized alphabet in the same manner as provided for in subdivisions (a) and (c). The resulting randomized alphabet shall be used for determining the order on the ballot of the candidates in both the primary election for the special election and in the special election. +(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 7. +Section 13112 is added to the Elections Code, to read: +13112. +The Secretary of State shall conduct a drawing of the letters of the alphabet, the result of which shall be known as a randomized alphabet. The procedure shall be as follows: +(a) Each letter of the alphabet shall be written on a separate slip of paper, each of which shall be folded and inserted into a capsule. Each capsule shall be opaque and of uniform weight, color, size, shape, and texture. The capsules shall be placed in a container, which shall be shaken vigorously in order to mix the capsules thoroughly. The container then shall be opened and the capsules removed at random one at a time. As each capsule is removed, it shall be opened and the letter on the slip of paper read aloud and written down. The resulting random order of letters constitutes the randomized alphabet, which is to be used in the same manner as the conventional alphabet in determining the order of all candidates in all elections. For example, if two candidates with the surnames Campbell and Carlson are running for the same office, their order on the ballot will depend on the order in which the letters M and R were drawn in the randomized alphabet drawing. +(b) (1) There shall be four drawings, two in each even-numbered year and two in each odd-numbered year. Each drawing shall be held at 11 a.m. on the date specified in this subdivision. The results of each drawing shall be mailed immediately to each county elections official responsible for conducting an election to which the drawing applies, who shall use it in determining the order on the ballot of the names of the candidates for office. +(A) The first drawing under this subdivision shall take place on the 82nd day before the direct primary of an even-numbered year, and shall apply to all candidates on the ballot in that election. +(B) (i)   The second drawing under this subdivision shall take place on the 82nd day before the November general election of an even-numbered year, and shall apply to all candidates on the ballot in the November general election. +(ii) In the case of the primary election and the November general election, the Secretary of State shall certify and transmit to each county elections official the order in which the names of federal and state candidates, with the exception of candidates for State Senate and Assembly, shall appear on the ballot. The elections official shall determine the order on the ballot of all other candidates using the appropriate randomized alphabet for that purpose. +(C) The third drawing under this subdivision shall take place on the 82nd day before the first Tuesday after the first Monday in June of each odd-numbered year, and shall apply to all candidates on the ballot in the elections held on that date. +(D) The fourth drawing under this subdivision shall take place on the 82nd day before the first Tuesday after the first Monday in November of the odd-numbered year, and shall apply to all candidates on the ballot in the elections held on that date. +(2) If there will be an election of candidates to a special district, school district, charter city, or other local government body at the same time as one of the four major election dates specified in subparagraphs (A) to (D), inclusive, of paragraph (1) and the last possible day to file nomination papers for the local election would occur after the date of the drawing for the major election date, the procedure set forth in Section 13113 shall apply. +(c) Each randomized alphabet drawing shall be open to the public. At least 10 days before a drawing, the Secretary of State shall notify the news media and other interested parties of the date, time, and place of the drawing. The president of each statewide association of local officials with responsibilities for conducting elections shall be invited by the Secretary of State to attend each drawing or send a representative. The state chairman of each qualified political party shall be invited to attend or send a representative in the case of drawings held to determine the order of candidates on the primary election ballot, the November general election ballot, or a special election ballot as provided for in subdivision (d). +(d) In the case of a special election for State Assembly, State Senate, or Representative in Congress, on the first weekday after the close of filing of nomination papers for the office, the Secretary of State shall conduct a public drawing to produce a randomized alphabet in the same manner as provided for in subdivisions (a) and (c). The resulting randomized alphabet shall be used for determining the order on the ballot of the candidates in both the primary election for the special election and in the special election. +(e) This section shall become operative on January 1, 2020. +SEC. 8. +This act shall not be construed to shorten the term of office of any officeholder in office on January 1, 2020. For each office for which this act causes the election to be held at a later date than would have been the case in the absence of this act, the incumbent shall hold office until a successor qualifies for the office, but in no event shall the term of an incumbent be extended by more than four years.","Existing law establishes election dates in each year, which are the second Tuesday of April in each even-numbered year, the first Tuesday after the first Monday in March of each odd-numbered year, the first Tuesday after the first Monday in June in each year, and the first Tuesday after the first Monday in November of each year. +This bill would, commencing January 1, 2020, eliminate the established election dates in March and April.","An act to amend, repeal, and add Sections 1000, 1301, and 13112 of the Elections Code, relating to elections." +465,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1798.29 of the Civil Code is amended to read: +1798.29. +(a) +Any +An +agency that owns or licenses computerized data that includes personal information shall disclose +any +a +breach of the security of the system following discovery or notification of the breach in the security of the data to +any +a +resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. +(b) +Any +An +agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of +any +the +breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. +(c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made +promptly +after the law enforcement agency determines that it will not compromise the investigation. +(d) +Any +An +agency that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: +(1) The security breach notification shall be written in plain language. +(2) The security breach notification shall include, at a minimum, the following information: +(A) The name and contact information of the reporting agency subject to this section. +(B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. +(C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. +(D) Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. +(E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. +(F) The toll-free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a social security number or a driver’s license or California identification card number. +(G) If the agency providing the notification was the source of the breach, an offer to provide appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the affected person for not less than 12 months, along with all information necessary to take advantage of the offer to any person whose information was or may have been breached if the breach exposed or may have exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (g). +(3) At the discretion of the agency, the security breach notification may also include any of the following: +(A) Information about what the agency has done to protect individuals whose information has been breached. +(B) Advice on steps that the person whose information has been breached may take to protect himself or herself. +(4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of subdivision (g), the agency may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the agency and all other online accounts for which the person uses the same user name or email address and password or security question or answer. +(5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in subdivision (i) or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the agency knows the resident customarily accesses the account. +(e) +Any +An +agency that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. +(f) For purposes of this section, “breach of the security of the system” means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. +(g) For purposes of this section, “personal information” means either of the following: +(1) An individual’s first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: +(A) Social security number. +(B) Driver’s license number or California identification card number. +(C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account. +(D) Medical information. +(E) Health insurance information. +(2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. +(h) (1) For purposes of this section, “personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. +(2) For purposes of this section, “medical information” means any information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. +(3) For purposes of this section, “health insurance information” means an individual’s health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual’s application and claims history, including any appeals records. +(i) For purposes of this section, “notice” may be provided by one of the following methods: +(1) Written notice. +(2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. +(3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following: +(A) Email notice when the agency has an email address for the subject persons. +(B) Conspicuous posting of the notice on the agency’s Internet Web site page, if the agency maintains one. +(C) Notification to major statewide media and the Office of Information Security within the Department of Technology. +(j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part shall be deemed to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system. +(k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of this section, “agency” includes a local agency, as defined in subdivision (a) of Section 6252 of the Government Code.","Existing law requires an agency that owns or licenses computerized data that includes personal information, as defined, to provide notification of any breach in the security of that data to any California resident whose personal information may have been compromised by the breach, as specified. Existing law requires the notification to be written in plain language and contain specified information, including, but not limited to, the agency’s contact information and a list of the types of personal information that were or are reasonably believed to have been the subject of the breach. +This bill would additionally require an agency, if the agency was the source of the breach and the breach compromised a person’s social security number, driver’s license number, or California identification card number, to offer to provide the person with identity theft prevention and mitigation services at no cost for not less than 12 months, as specified.","An act to amend Section 1798.29 of the Civil Code, relating to personal information privacy." +466,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 361.8 is added to the Welfare and Institutions Code, to read: +361.8. +(a) The Legislature declares that a child of a minor parent or nonminor dependent parent shall not be considered to be at risk of abuse or neglect solely on the basis of information concerning the parent’s or parents’ placement history, past behaviors, or health or mental health diagnoses occurring prior to the pregnancy, although that information may be taken into account when considering whether other factors exist that place the child at risk of abuse or neglect. +(b) In the case of a child for whom one or both minor parents have been adjudged to be dependent children of the juvenile court pursuant to Section 300, all of the following shall apply: +(1) Paragraphs (10) and (11) of subdivision (b) of Section 361.5 shall not apply, unless one or more of the circumstances described in paragraphs (1) to (9), inclusive, and paragraphs (12) to (16), inclusive, of subdivision (b) of Section 361.5 apply. +(2) A party seeking an involuntary foster care placement of, or termination of parental rights over, a child born to a parent or parents who were minors at the time of the child’s birth shall demonstrate to the court that reasonable efforts were made to provide remedial services designed to prevent the removal of the child from the minor parent or parents, and that these efforts have proved unsuccessful. +(3) The efforts made pursuant to paragraph (2) shall utilize the available resources of the child and his or her minor parent’s or parents’ extended family, social services agencies, caregivers, and other available service providers. +(c) For purposes of this section, “child” and “minor parent” shall have the same definitions as set forth in Section 16002.5. +SEC. 2. +Section 825.5 is added to the Welfare and Institutions Code, to read: +825.5. +(a) The clerk of the superior court shall maintain court files and records concerning a minor dependent parent or a nonminor dependent parent of a child who is the subject of a dependency petition separate from court files and records concerning the child. +(b) (1) Dependency court records concerning a minor dependent parent or a nonminor dependent parent may be disclosed to the county and the court in the child’s dependency proceedings; however, information from the records shall only be admitted as evidence in the child’s dependency proceedings pursuant to a court order finding that the information is materially relevant to the case, subject to the provisions of subdivision (a) of Section 361.8. +(2) Any party to the child’s dependency proceedings may request the admittance of the records described in paragraph (1) as evidence at any stage of the child’s dependency proceedings. +SEC. 3. +Section 16002.5 of the Welfare and Institutions Code is amended to read: +16002.5. +It is the intent of the Legislature to maintain the continuity of the family unit and to support and preserve families headed by minor parents and nonminor dependent parents who are themselves under the jurisdiction of the juvenile court by ensuring that minor parents and nonminor dependent parents and their children are placed together in as family-like a setting as possible, unless it has been determined that placement together poses a risk to the child. It is also the intent of the Legislature to ensure that complete and accurate data on parenting minor and nonminor dependents is collected, and that the State Department of Social Services shall ensure that the following information is publicly available on a quarterly basis by county about parenting minor and nonminor dependents: total number of parenting minor and nonminor dependents in each county, their age, their ethnic group, their placement type, their time in care, the number of children they have, and whether their children are court dependents. +(a) To the greatest extent possible, minor parents and nonminor dependent parents and their children shall be provided with access to existing services for which they may be eligible, that are specifically targeted at supporting, maintaining, and developing both the parent-child bond and the dependent parent’s ability to provide a permanent and safe home for the child. Examples of these services may include, but are not limited to, child care, parenting classes, child development classes, and frequent visitation. +(b) Child welfare agencies may provide minor parents and nonminor dependent parents with access to social workers or resource specialists who have received training on the needs of teenage parents and available resources, including, but not limited to, maternal and child health programs, child care, and child development classes. Child welfare agencies are encouraged to update the case plans for pregnant and parenting dependents within 60 calendar days of the date the agency is informed of a pregnancy. When updating the case plan, child welfare agencies may hold a specialized conference to assist pregnant or parenting foster youth and nonminor dependents with planning for healthy parenting and identifying appropriate resources and services, and to inform the case plan. The specialized conference shall include the pregnant or parenting minor or nonminor dependent, family members, and other supportive adults, and the specially trained social worker or resource specialist. The specialized conference may include other individuals, including, but not limited to, a public health nurse, a community health worker, or other personnel with a comprehensive knowledge of available maternal and child resources, including public benefit programs. Participation in the specialized conference shall be voluntary on the part of the foster youth or nonminor dependent and assistance in identifying and accessing resources shall not be dependent on participation in the conference. +(c) The minor parents and nonminor dependent parents shall be given the ability to attend school, complete homework, and participate in age and developmentally appropriate activities unrelated to and separate from parenting. +(d) Child welfare agencies, local educational agencies, and child care resource and referral agencies may make reasonable and coordinated efforts to ensure that minor parents and nonminor dependent parents who have not completed high school have access to school programs that provide onsite or coordinated child care. +(e) Foster care placements for minor parents and nonminor dependent parents and their children shall demonstrate a willingness and ability to provide support and assistance to minor parents and nonminor dependent parents and their children, shall support the preservation of the family unit, and shall refer a minor parent or nonminor dependent parent to preventive services to address any concerns regarding the safety, health, or well-being of the child, and to help prevent, whenever possible, the filing of a petition to declare the child a dependent of the juvenile court pursuant to Section 300. +(f) Contact between the child, the custodial parent, and the noncustodial parent shall be facilitated if that contact is found to be in the best interest of the child. +(g) For the purpose of this section, “child” refers to the child born to the minor parent. +(h) For the purpose of this section, “minor parent” refers to a dependent child who is also a parent. +(i) For the purpose of this section, “nonminor dependent parent” refers to a nonminor dependent, as described in subdivision (v) of Section 11400, who also is a parent. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child has been left without any provision for support or when a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law provides that the Legislature declares that a child whose parent has been adjudged a dependent child of the court shall not be considered at risk of abuse or neglect solely because of the age, dependent status, or foster care status of the parent. +This bill would additionally declare that a child whose parent has been adjudged a dependent child of the court shall not be considered at risk of abuse or neglect solely on the basis of information concerning the parent’s placement history, past behaviors, health or mental health diagnoses occurring prior to the pregnancy, except as specified. +Existing law provides that reunification services need not be provided to the family of a dependent child under certain circumstances. +This bill would enact certain exceptions to that provision that would apply in the case of a child for whom one or both minor parents have been adjudged to be dependent children of the juvenile court, thereby providing the family access to reunification services. The bill would also require, in those cases, a party seeking an involuntary foster care placement of, or termination of parental rights over, a child born to a parent or parents who were minors at the time of the child’s birth to demonstrate to the court that reasonable efforts were made to provide remedial services designed to prevent the removal of the child from the minor parent or parents, that these efforts have proved unsuccessful, and that those efforts utilize the available resources of the child and his or her minor parent or parents extended family, social services agencies, caregivers, and other available service providers. By imposing a higher level of service on county employees, the bill would impose a state-mandated local program. +Existing law requires the clerk of the superior court to open a separate court file for nonminor dependents under the dependency, delinquency, or transition jurisdiction of the court and limits access to those files. +This bill would require the clerk of the superior court to maintain court files and records concerning a minor dependent parent or a nonminor dependent parent separate from court files and records concerning his or her child, as specified. The bill would authorize dependency court records concerning a minor dependent parent or a nonminor dependent parent to be disclosed to the county and the court in the child’s dependency proceedings, but would require information from the records to only be admitted as evidence in the child’s dependency proceedings pursuant to a certain court order. The bill would authorize any party to the child’s dependency proceedings to request the admittance of the records concerning a minor dependent parent or a nonminor dependent parent as evidence at any stage of the child’s dependency proceedings. +Existing law declares the intent of the Legislature to maintain the continuity of the family unit and to support and preserve families headed by minor dependent parents and nonminor dependent parents. Existing law requires foster care placements for minor parents and their children to demonstrate a willingness and ability to provide support and assistance to minor parents and their children. +This bill would additionally require those foster care placements to support the preservation of the family unit and to refer a minor dependent parent or nonminor dependent parent to preventive services to address any concerns regarding the safety, health, or well-being of the child, and to help prevent, whenever possible, the filing of a petition to declare the child a dependent of the juvenile court. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 16002.5 of, and to add Sections 361.8 and 825.5 to, the Welfare and Institutions Code, relating to foster care." +467,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 52332 of the Food and Agricultural Code is amended to read: +52332. +The secretary, by regulation, may adopt all of the following: +(a) A list of the plants and crops that the secretary finds are or may be grown in this state. +(b) A list of the plants and crops that the secretary finds are detrimental to agriculture if they occur incidentally in other crops, and which, therefore, are classed as weed seed except if sold alone or as a specific constituent of a definite seed mixture. +(c) A list of noxious weed seed that the secretary finds are prohibited noxious weed seed, as defined in this chapter. +(d) A list of those noxious weed seed that are not classified as prohibited noxious weed seed and are classified by this chapter as restricted noxious weed seed. +(e) A list of substances that are likely to be used for treating grain or other crop seed that the secretary finds and determines are toxic to human beings or animals if used, and an appropriate warning or caution statement for each substance. +(f) (1) (A) Establish methods and procedures, upon the recommendation of the board, for the conciliation, mediation, or arbitration of disputes between labelers and any persons concerning conformance with label statements, advertisements, financial terms or the lack of payment by a dealer to a grower, or other disputes regarding the quality or performance of seed. The methods and procedures shall be a mandatory prerequisite to pursuing other dispute resolution mechanisms, including, but not limited to, litigation. However, if conciliation, mediation, or arbitration proceedings are commenced under this section to resolve a controversy, the statute of limitations that applies to a civil action concerning that controversy is tolled upon commencement of conciliation, mediation, or arbitration proceedings, and until 30 days after the completion of those proceedings. As used in this subdivision, “completion of those proceedings” means the filing of a statement of agreement or nonagreement by the conciliator or mediator, or the rendering of a decision by an arbitrator or arbitration committee. +(B) If a proceeding for the conciliation, mediation, or arbitration of a dispute between a dealer and a grower is commenced under this subdivision for conformance with the financial terms by a dealer to a grower, and the decision in the proceeding is in favor of the grower, the decision may include a provision requiring compensation to the grower for the estimated value of the seed production services a grower provides to a dealer, including, but not limited to, labor, care, and expense in growing and harvesting that product. +(C) If a dealer fails to comply with the financial obligations of a judgment rendered in a conciliation, mediation, or arbitration proceeding between a dealer and a grower commenced pursuant to this subdivision following the conclusion of all appeals in the proceeding, the secretary may revoke the dealer’s registration and prevent the dealer from renewing his or her registration until the time the financial obligation is fulfilled. +(2) Conciliation, mediation, or arbitration shall not affect any enforcement action by the secretary pursuant to this chapter. Regulations adopted by the secretary for the mandatory conciliation, mediation, or arbitration of disputes shall require that adequate notice be provided on the seed label notifying any buyer of the requirement to submit a dispute to mandatory conciliation, mediation, or arbitration as a prerequisite to other dispute resolution mechanisms, including litigation. +(g) Establish additional labeling requirements for coated, pelleted, encapsulated, mat, tape, or any other germination medium or device used on seed in order that the purchaser or consumer will be informed as to the actual amount of seed purchased. +SEC. 2. +Section 55631 of the Food and Agricultural Code is amended to read: +55631. +(a) Every producer of any farm product that sells any product that is grown by him or her to any processor under contract, express or implied, in addition to all other rights and remedies that are provided for by law, has a lien upon that product and upon all processed or manufactured forms of that farm product for his or her labor, care, and expense in growing and harvesting that product. The lien shall be to the extent of the agreed price, if any, for that product so sold. If there is no agreed price or a method for determining it that is agreed upon, the extent of the lien is the value of the farm product as of the date of the delivery. Any portion of that product or the processed or manufactured forms of that product, in excess of the amount necessary to satisfy the total amount owed to producers under contract, shall be free and clear of that lien. +(b) Every producer of a flower, agricultural, or vegetable seed that sells seed that is grown by him or her, when the seed was purchased or supplied by the grower and not supplied by the dealer or an independent third party who paid for the seed, to any seed dealer under contract, express or implied, in addition to all other rights and remedies that are provided for by law, has a lien upon that product and upon all processed or manufactured forms of that product for his or her labor, care, and expense in growing and harvesting that product. The lien shall be to the extent of the agreed price, if any, for that product so sold. If there is no agreed price or a method for determining it that is agreed upon, the extent of the lien is the value of that product as of the date of the delivery. Any portion of that product or the processed or manufactured forms of that product, in excess of the amount necessary to satisfy the total amount owed to producers under contract, shall be free and clear of that lien. +SEC. 3. +Section 56109 of the Food and Agricultural Code is amended to read: +56109. +“Farm product” includes every agricultural, horticultural, viticultural, and vegetable product of the soil, poultry and poultry products, livestock products and livestock not for immediate slaughter, bees and apiary products, hay, dried beans, honey, and cut flowers. It does not, however, include any timber or timber product, flower or agricultural or vegetable seed, any milk product that is subject to the licensing and bonding provisions of Chapter 2 (commencing with Section 61801) of Part 3 of Division 21, any aquacultural product, or cattle sold to any person who is bonded under the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181, et seq.). +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law, the California Seed Law, requires the Secretary of Food and Agriculture, by regulation, to adopt, among other things, specified lists of plants and crops that the secretary finds are or may be grown in the state or that the secretary finds are detrimental to agriculture if they occur incidentally in other crops, as prescribed, a list of noxious weed seed that the secretary finds are prohibitive noxious weed seed, and methods and procedures, upon recommendation of the Seed Advisory Board, for the conciliation, mediation, or arbitration of disputes between labelers and any persons concerning conformance with label statements, advertisements, or other disputes regarding the quality or performance of seed. +This bill would expand this regulation authority to also make those methods and procedures for the conciliation, mediation, or arbitration of those disputes applicable to disputes concerning conformance with financial terms or the lack of payment by a dealer to a grower, as provided. By expanding the scope of that regulation authority, a violation of which is a crime, the bill would impose a state-mandated local program. +(2) Existing law specifies that every producer of any farm product that sells any farm product that is grown by him or her to any processor under contract, express or implied, in addition to all other rights and remedies that are provided by law, has a lien upon that product and upon all processed or manufactured forms of that farm product for his or her labor, care, and expense in growing and harvesting that product. +This bill would also specify that every producer of a flower, agricultural, or vegetable seed that sells seed that is grown by him or her, when the seed was purchased or supplied by the grower and not supplied by the dealer or an independent 3rd party who paid for the seed, to any seed dealer under contract, express or implied, in addition to all rights and remedies that are provided for by law, has a lien upon that product and upon all processed or manufactured forms of that product for his or her labor, care, and expense in growing and harvesting that product. +(3) Existing law requires that any person engaged in the business of buying, receiving on consignment, soliciting for sale on commission, or negotiating the sale of farm products from a licensee or producer for resale, to be licensed. Existing law, for purposes of those provisions, defines “farm product” to include every agricultural, horticultural, viticultural, and vegetable product of the soil, poultry and poultry products, livestock products and livestock not for immediate slaughter, bees and apiary products, hay, dried beans, honey, and cut flowers, but excludes from that definition any timber or timber product, flower or agricultural or vegetable seed not purchased from a producer, any milk product that is subject to specified licensing requirements, any aquacultural product, or cattle sold to any person who is bonded under a specified federal law. +This bill would revise that definition to exclude flower, agricultural, or vegetable seeds from the definition of farm products, rather than only those that have not been purchased from a producer. +(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 52332, 55631, and 56109 of the Food and Agricultural Code, relating to farm products." +468,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 830.6 of the Penal Code is amended to read: +830.6. +(a) (1) Whenever a qualified person is deputized or appointed by the proper authority as a reserve or auxiliary sheriff or city police officer, a reserve deputy sheriff, a reserve deputy marshal, a reserve police officer of a regional park district or of a transit district, a reserve park ranger, a reserve harbor or port police officer of a county, city, or district as specified in Section 663.5 of the Harbors and Navigation Code, a reserve deputy of the Department of Fish and Game, a reserve special agent of the Department of Justice, a reserve officer of a community service district which is authorized under subdivision (i) of Section 61100 of the Government Code to maintain a police department or other police protection, a reserve officer of a school district police department under Section 35021.5 of the Education Code, a reserve officer of a community college police department under Section 72330 of the Education Code, a reserve officer of a police protection district formed under Part 1 (commencing with Section 20000) of Division 14 of the Health and Safety Code, or a reserve housing authority patrol officer employed by a housing authority defined in subdivision (d) of Section 830.31, and is assigned specific police functions by that authority, the person is a peace officer, if the person qualifies as set forth in Section 832.6. The authority of a person designated as a peace officer pursuant to this paragraph extends only for the duration of the person’s specific assignment. A reserve park ranger or a transit, harbor, or port district reserve officer may carry firearms only if authorized by, and under those terms and conditions as are specified by, his or her employing agency. +(2) Whenever a qualified person is deputized or appointed by the proper authority as a reserve or auxiliary sheriff or city police officer, a reserve deputy sheriff, a reserve deputy marshal, a reserve park ranger, a reserve police officer of a regional park district, transit district, community college district, or school district, a reserve harbor or port police officer of a county, city, or district as specified in Section 663.5 of the Harbors and Navigation Code, a reserve officer of a community service district that is authorized under subdivision (i) of Section 61100 of the Government Code to maintain a police department or other police protection, or a reserve officer of a police protection district formed under Part 1 (commencing with Section 20000) of Division 14 of the Health and Safety Code, and is so designated by local ordinance or, if the local agency is not authorized to act by ordinance, by resolution, either individually or by class, and is assigned to the prevention and detection of crime and the general enforcement of the laws of this state by that authority, the person is a peace officer, if the person qualifies as set forth in paragraph (1) of subdivision (a) of Section 832.6. The authority of a person designated as a peace officer pursuant to this paragraph includes the full powers and duties of a peace officer as provided by Section 830.1. A transit, harbor, or port district reserve police officer, or a city or county reserve peace officer who is not provided with the powers and duties authorized by Section 830.1, has the powers and duties authorized in Section 830.33, or in the case of a reserve park ranger, the powers and duties that are authorized in Section 830.31, or in the case of a reserve housing authority patrol officer, the powers and duties that are authorized in subdivision (d) of Section 830.31, and a school district reserve police officer or a community college district reserve police officer has the powers and duties authorized in Section 830.32. +(b) Whenever a person designated by a Native American tribe recognized by the United States Secretary of the Interior is deputized or appointed by the county sheriff as a reserve or auxiliary sheriff or a reserve deputy sheriff, and is assigned to the prevention and detection of crime and the general enforcement of the laws of this state by the county sheriff, the person is a peace officer, if the person qualifies as set forth in paragraph (1) of subdivision (a) of Section 832.6. The authority of a peace officer pursuant to this subdivision includes the full powers and duties of a peace officer as provided by Section 830.1. +(c) A person deputized or appointed by the proper authority as a peace officer pursuant to subdivision (a) or (b), including, but not limited to, a person who is deputized or appointed by the proper authority as a reserve deputy sheriff or a reserve city police officer, is an employee of the appointing authority for purposes of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code). +(d) Whenever a person is summoned to the aid of any uniformed peace officer, the summoned person is vested with the powers of a peace officer that are expressly delegated to him or her by the summoning officer or that are otherwise reasonably necessary to properly assist the officer.","Under the California Fair Employment and Housing Act, it is unlawful to engage in specified discriminatory practices in employment or housing accommodations on the basis of certain specified characteristics, including race, creed, or national origin. Existing law defines these characteristics and other terms for purposes of the act. +Under existing law, a person deputized or appointed as a reserve or auxiliary sheriff or city police officer, a reserve deputy sheriff, a reserve deputy marshal, a reserve police officer of a transit district, a reserve park ranger, a reserve harbor or port police officer, or a reserve officer of a school district, among others, by the proper authority, who is assigned specific police functions by that authority or is designated by local ordinance or resolution, and who meets specified requirements, is a peace officer. +This bill would make a person deputized or appointed by the proper authority as a peace officer pursuant to the above provisions an employee for purposes of the California Fair Employment and Housing Act. +The bill would also update an obsolete cross-reference.","An act to amend Section 830.6 of the Penal Code, relating to employment." +469,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25360.4 of the Health and Safety Code is amended to read: +25360.4. +(a) (1) (A) Except as provided in subparagraph (B) and paragraph (2), an action under Section 25360 for the recovery of costs incurred by the department or a regional board in carrying out or overseeing a response or corrective action pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), or as otherwise authorized by law, shall be commenced within three years after completion of all response or corrective actions has been certified by the department or a regional board. +(B) If operation and maintenance is required as part of the response or corrective action, the action for recovery of costs incurred by the department or a regional board shall be commenced within three years after completion of operation and maintenance has been certified by the department or a regional board. +(2) No action described in paragraph (1) may be brought that, as of December 31, 2015, had not been commenced by the department within three years after the certification of the completion of the removal or remedial action. +(b) An action under subdivision (c) of Section 25352 for costs incurred by the department for the purposes specified in subdivision (a) or (b) of Section 25352 shall be commenced within three years after certification by the department of the completion of the activities authorized under subdivisions (a) and (b) of Section 25352. +(c) In an action described in subdivision (a) or (b) for recovery of response or corrective action costs, oversight costs, or damages, where the court has entered a judgment for past costs or damages, the court shall also enter an order reserving jurisdiction over the case and the court shall have continuing jurisdiction to determine any future liability and the amount of the future liability. The department or regional board may immediately enforce the judgment for past costs and damages. The department or the regional board may apply for a court judgment for further costs and damages that have been incurred during the response or corrective action, operation and maintenance, or during the performance of the activities authorized by Section 25352, but the application shall be made not later than three years after the certification of completion of the response or corrective action, operation and maintenance, or activities authorized pursuant to Section 25352. +(d) An action may be commenced under Section 25360 or subdivision (c) of Section 25352 at any time prior to expiration of the applicable limitations period provided for by this section. +(e) This section does not apply to a cost recovery action brought by a regional board under the Water Code. +SEC. 2. +Section 25363 of the Health and Safety Code is amended to read: +25363. +(a) Except as provided in subdivision (e), a party found liable for costs recoverable under this chapter who establishes by a preponderance of the evidence that only a portion of those costs are attributable to that party’s actions shall be required to pay only for that portion. +(b) Except as provided in subdivision (e), if the trier of fact finds the evidence insufficient to establish each party’s portion of costs under subdivision (a), the court shall apportion those costs, to the extent practicable, according to equitable principles, among the defendants. +(c) The standard of liability for costs recoverable pursuant to this chapter is strict liability. +(d) A person who has incurred response or corrective action costs in accordance with this chapter, Chapter 6.5 (commencing with Section 25100), or the federal act may seek contribution or indemnity from any person who is liable pursuant to this chapter. An action to enforce a claim may be brought as a cross-complaint by any defendant in an action brought pursuant to Section 25360 or this section, or in a separate action after the person seeking contribution or indemnity has paid response or corrective action costs in accordance with this chapter, Chapter 6.5 (commencing with Section 25100), or the federal act. A plaintiff or cross-complainant seeking contribution or indemnity shall give written notice to the director upon filing an action or cross-complaint under this section. In resolving claims for contribution or indemnity, the court may allocate costs among liable parties using appropriate equitable factors. +(e) Notwithstanding this chapter, a response action contractor who is found liable for any costs recoverable under this chapter and who establishes by a preponderance of the evidence that only a portion of those costs are attributable to the response action contractor’s actions shall be required to pay only that portion of the costs attributable to the response action contractor’s actions. +SEC. 3. +Section 25366.5 of the Health and Safety Code is amended to read: +25366.5. +(a) A public agency operating a household hazardous waste collection program or a person operating such a program under a written agreement with a public agency, or, for material received from the public as used oil, a person operating a certified used oil collection center as provided in Section 48660 of the Public Resources Code, shall not be held liable in a cost recovery action brought pursuant to Section 25360, including, but not limited to, an action to recover the fees imposed by Section 25343 or an action brought pursuant to subdivision (d) of Section 25363, for waste that has been properly handled and transported to an authorized hazardous waste treatment, storage, or disposal facility at a location other than that of the collection program. +(b) For purposes of this section, “household hazardous waste collection program” means a program or facility, specified in Section 25218.1, in which hazardous wastes from households and conditionally exempt small quantity generators are collected and ultimately transferred to an authorized hazardous waste treatment, storage, or disposal facility. +(c) Except as provided in subdivision (a), this section does not affect or modify the obligations or liabilities of a person imposed pursuant to state or federal law.","(1) Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, imposes liability for hazardous substances removal or remedial actions and requires the Attorney General to recover from the liable person, as defined, certain costs incurred by the Department of Toxic Substances Control or a California regional water quality control board, upon the request of the department or regional board. The act authorizes, except as specified, a party found liable for any costs or expenditures recoverable under the act for those actions to establish, as specified, that only a portion of those costs or expenditures are attributable to the party, and requires the party to pay only for that portion. If each party does not establish its liability, the act requires a court to apportion those costs or expenditures, as specified, among the defendants and the remaining portion of the judgment is required to be paid from the Toxic Substances Control Account. Existing law authorizes the money deposited in the Toxic Substances Control Account in the General Fund to be appropriated to the Department of Toxic Substances Control for specified purposes, including the payment of the costs incurred by the state for those actions. +This bill would specifically apply those provisions to response and corrective actions, instead of to removal and remedial actions, and would delete the requirement that the remaining portion of a judgment for costs and expenditures that is not apportioned among the liable persons be paid from that account. +(2) The act requires an action brought pursuant to it for the recovery of the costs of a removal or remedial action, or for the recovery of specified administrative costs, to be commenced within 3 years after completion of the removal or remedial action has been certified by the department. +This bill would, except as provided, instead allow an action for the recovery of the costs of carrying out or overseeing a response or corrective action to be commenced either within that 3-year period or, if operation and maintenance is required as part of the response or corrective action, within 3 years after completion of operation and maintenance has been certified by the department or a regional board.","An act to amend Sections 25360.4, 25363, and 25366.5 of the Health and Safety Code, relating to hazardous substances." +470,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 34872 of the Government Code is amended to read: +34872. +An ordinance shall state the number of legislative districts and whether members of the legislative body shall be elected by districts, from districts, by districts with an elective mayor, or from districts with an elective mayor. +SEC. 2. +Section 34876.5 is added to the Government Code, to read: +34876.5. +(a) If an ordinance is submitted to the voters pursuant to Section 34871, there shall be printed on the ballots substantially as follows: +“Shall members of the legislative body of the City of ____ be elected by (or from) districts?” +or, if applicable: +“Shall members of the legislative body of the City of ____ be elected by (or from) districts, and the Mayor of the City of ____ be elected on a citywide basis by the voters of the entire city?” +followed by the words “Yes” and “No,” so printed that the voters may express their choice. +(b) If a majority of the voters voting on the proposed ordinance vote in its favor, members of the legislative body shall be elected in the manner approved by the voters beginning at the first election following approval of the district boundaries pursuant to Section 34877.5, and for which the election consolidation deadlines established in the Elections Code have not passed. +SEC. 3. +Section 34877 of the Government Code is amended to read: +34877. +The proposition of altering legislative districts shall be printed on the ballots substantially as follows: + +“Shall members of the legislative body of the City of ____ be elected by (or from) districts described in Ordinance No. ____?” +or, if applicable: +“Shall members of the legislative body of the City of ____ be elected by (or from) districts described in Ordinance No. ____, and the Mayor of the City of ____ be elected on a citywide basis by the voters of the entire city?” +followed by the words “Yes” and “No,” so printed that the voters may express their choice. +SEC. 4. +Section 34877.5 is added to the Government Code, to read: +34877.5. +(a) After an ordinance is passed by the voters pursuant to Section 34876.5, or after an ordinance is enacted by the legislative body pursuant to Section 34886, the legislative body shall prepare a proposed map that describes the boundaries and numbers of the districts for the legislative body. In preparing the proposed map, the legislative body may seek public input, including accepting proposed maps submitted by the public. +(b) If the legislative body is changing from an at-large method of election to a district-based election, as those terms are defined in Section 14026 of the Elections Code, the legislative body shall hold public hearings pursuant to Section 10010 of the Elections Code. If the legislative body is otherwise adjusting the district boundaries, the legislative body shall hold public hearings on the proposed district boundaries pursuant to Section 21607 of the Elections Code. +SEC. 5. +Section 34884 of the Government Code is amended to read: +34884. +(a) If, at the time a vote is held on the subject of incorporation of a new city, a majority of the votes cast is for incorporation and, if, in accordance with Section 57116, a majority of the votes cast on the question of whether members of the city council in future elections are to be elected by district or at large is in favor of election by district, all of the following procedures apply: +(1) Before the first day on which voters may nominate candidates for election at the next regular municipal election, the legislative body shall, by ordinance or resolution, establish the boundaries of the districts of the legislative body. The districts shall be as nearly equal in population as may be. The districts shall comply with applicable provisions of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), as amended. In establishing the boundaries of the districts, the legislative body may consider the following factors: +(A) Topography. +(B) Geography. +(C) Cohesiveness, contiguity, integrity, and compactness of territory. +(D) Community of interests of the districts. +(2) The terms of office of the two members elected with the lowest vote shall expire on the Tuesday succeeding the next regular municipal election. At that election, members shall be elected by district in the even-numbered districts and shall hold office for four years. +(3) The terms of office of the three members elected with the highest vote shall expire on the Tuesday succeeding the second regular municipal election following the incorporation. At that election, members shall be elected by district in the odd-numbered districts and shall hold office for four years. +(b) The result of the vote cast on the question of whether members of the city council in future elections are to be elected by district or at large shall not preclude the submission to the voters at any future election of a measure in accordance with Section 34871. +SEC. 6. +Section 34886 of the Government Code is amended to read: +34886. +Notwithstanding Section 34871 or any other law, the legislative body of a city may adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor, as described in subdivisions (a) and (c) of Section 34871, without being required to submit the ordinance to the voters for approval. An ordinance adopted pursuant to this section shall include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).","Existing law authorizes the legislative body of a city to submit to voters at any municipal or special election an ordinance providing for the election of members of the legislative body by districts, from districts, by districts with an elective mayor, or from districts with an elective mayor. Existing law also authorizes such an ordinance to be submitted to the voters by means of an initiative measure. Existing law requires that the ordinance state the number of legislative districts, describe the boundaries of each, number the districts, and state the method for electing the members of the legislative body, as described above. +This bill would delete the requirement that the ordinance describe the boundaries, and number, of each legislative district and would instead require the legislative body to prepare a proposed map describing the boundaries and numbers of the legislative districts after the ordinance is passed or enacted, as specified. The bill would require a legislative body changing from a from district method of election to a by district method of election, or adjusting the district boundaries, to hold public hearings on the change or adjustments, as specified. The bill would also make numerous technical, nonsubstantive changes to these provisions. +Existing law applies certain procedures if a majority of votes on the subject of incorporating a new city are in favor of incorporation and in favor of a by district method of election, including, among other things, requiring the boundaries of the districts of the legislative body to be as nearly equal in population as possible. +This bill would also require the districts to comply with applicable provisions of the federal Voting Rights Act of 1965. +Existing law authorizes the legislative body of a city with a population of fewer than 100,000 people to adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor without submitting the ordinance for voter approval. +This bill would extend this authority to the legislative body of any city, regardless of its population.","An act to amend Sections 34872, 34877, 34884, and 34886 of, and to add Sections 34876.5 and 34877.5 to, the Government Code, relating to elections." +471,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19551.1 of the Revenue and Taxation Code is amended to read: +19551.1. +(a) (1) The Franchise Tax Board may permit the tax officials of any city, county, or city and county to enter into a reciprocal agreement with the Franchise Tax Board to obtain tax information from the Franchise Tax Board, as specified in subdivision (b). +(2) For purposes of this section, “reciprocal agreement” means a formal agreement to exchange information for tax administration purposes between tax officials of a city, county, or city and county, and the Franchise Tax Board. +(b) The information furnished to tax officials of a city, county, or city and county under this section shall be limited as follows: +(1) The tax officials of a city, county, or city and county are authorized to receive information only with respect to taxpayers with an address as reflected on the Franchise Tax Board’s records within the jurisdictional boundaries of the city, county, or city and county who report income from a trade or business to the Franchise Tax Board. +(2) The tax information that may be provided by the Franchise Tax Board to a city, county, or city and county is limited to a taxpayer’s name, address, social security or taxpayer identification number, and business activity code. +(3) Tax information provided to the taxing authority of a city, county, or city and county shall not be furnished to, or used by, any person other than an employee of that taxing authority and shall be utilized in a form and manner to safeguard the tax information as required by the Franchise Tax Board, including, but not limited to: +(A) The completion of a data exchange security questionnaire provided by the Franchise Tax Board prior to approval of a data exchange by the Franchise Tax Board. +(B) The tax official of a city, county, or city and county shall allow for an onsite safeguard review conducted by the Franchise Tax Board. +(C) The completion of disclosure training provided by the Franchise Tax Board and a confidentiality statement signed by all employees with access to information provided by the Franchise Tax Board confirming the requirement of data security with respect to that information and acknowledging awareness of penalties for unauthorized access or disclosure under Sections 19542 and 19552 of this code and Section 502 of the Penal Code. +(D) The tax official of a city, county, or city and county shall notify the Franchise Tax Board within 24 hours upon discovery of any incident of unauthorized or suspected unauthorized access or disclosure of the tax information and provide a detailed report of the incident and the parties involved. +(E) All records received by the tax officials of a city, county, or city and county shall be destroyed in a manner to make them unusable or unreadable so an individual record may no longer be ascertained in a timeframe specified by the Franchise Tax Board. +(4) The information provided to the tax officials of the city, county, or city and county by the Franchise Tax Board under this section is subject to Section 19542, and may not be used for any purpose other than the city, county, or city and county’s tax enforcement, or as otherwise authorized by state or federal law. +(5) Section 19542.1 applies to this section. +(c) The Franchise Tax Board may not provide any information pursuant to this section until all of the following have occurred: +(1) An agreement has been executed between a city, county, or city and county and the Franchise Tax Board, that provides that an amount equal to all first year costs necessary to furnish the city, county, or city and county information pursuant to this section shall be received by the Franchise Tax Board before the Franchise Tax Board incurs any costs associated with the activity permitted by this section. For purposes of this section, first year costs include costs associated with, but not limited to, the purchasing of equipment, the development of processes, and labor. +(2) An agreement has been executed between a city, county, or city and county and the Franchise Tax Board, that provides that the annual costs incurred by the Franchise Tax Board, as a result of the activity permitted by this section, shall be reimbursed by the city, county, or city and county to the Franchise Tax Board. +(3) Pursuant to the agreement described in paragraph (1), the Franchise Tax Board has received an amount equal to the first year costs. +(d) Any information, other than the type of tax information specified in subdivision (b), may be requested by the tax officials of a city, county, or city and county from the Franchise Tax Board by affidavit. At the time a tax official makes the request, he or she shall provide the person whose information is the subject of the request, with a copy of the affidavit and, upon request, make the information obtained available to that person. +(e) This section does not invalidate any other law. This section does not preclude any city, county, or city and county from obtaining information about individual taxpayers, including those taxpayers not subject to this section, by any other means permitted by state or federal law. +(f) Nothing in this section shall be construed to affect any obligations, rights, or remedies regarding personal information provided under state or federal law. +(g) Notwithstanding subdivision (c), the Franchise Tax Board shall waive a city, county, or city and county’s reimbursement of the Franchise Tax Board’s cost if a city, county, or city and county enters into a reciprocal agreement as defined in paragraph (2) of subdivision (a). The reciprocal agreement shall specify that each party shall bear its own costs to furnish the data involved in the exchange authorized by this section and Section 19551.5, and a city, county, or city and county shall be precluded from obtaining reimbursement as specified under Section 5 of the act adding this subdivision. +(h) This section shall remain in effect only until January 1, 2019, and as of that date, is repealed. +SEC. 2. +Section 19551.5 of the Revenue and Taxation Code is amended to read: +19551.5. +(a) Notwithstanding any other law, each city, county, or city and county that assesses a city, county, or city and county business tax or requires a city, county, or city and county business license shall, upon the request of the Franchise Tax Board, annually submit to the Franchise Tax Board the information that is collected in the course of administration of the city, county, or city and county’s business tax or business license program, as described in subdivision (b). +(b) Information, collected in the course of administration of the city, county, or city and county’s business tax or business license program, shall be limited to the following: +(1) Name of the business, if the business is a corporation, partnership, or limited liability company, or the owner’s name if the business is a sole proprietorship. +(2) Business mailing address. +(3) Federal employer identification number, if applicable, or the business owner’s social security number, if known. +(4) Standard Industrial Classification (SIC) Code or North American Industry Classification System (NAICS) Code. +(5) Business start date. +(6) Business cease date. +(7) City, county, or city and county account or license number. +(8) Ownership type. +(c) The reports required under this section shall be filed on magnetic media such as tapes or compact discs, through a secure electronic process, or in other machine-readable form, according to standards prescribed by regulations promulgated by the Franchise Tax Board. +(d) Cities that receive a request from the Franchise Tax Board shall begin providing to the Franchise Tax Board the information required by this section as soon as economically feasible, but no later than December 31, 2009. The information shall be furnished annually at a time and in the form that the Franchise Tax Board may prescribe by regulation. +(e) The city, county, or city and county data provided to the Franchise Tax Board under this section is subject to Section 19542, and may not be used for any purpose other than state tax enforcement or as otherwise authorized by law. +(f) If a city, county, or city and county enters into a reciprocal agreement with the Franchise Tax Board pursuant to subdivision (a) of Section 19551.1, the city, county, or city and county shall also waive reimbursement for costs incurred to provide information required under this section and shall be precluded from obtaining reimbursement as specified under Section 5 of Chapter 345 of the Statutes of 2008. The reciprocal agreement shall specify that each party shall bear its own costs to furnish the data involved in the exchange authorized by Section 19551.1 and this section, and the Franchise Tax Board shall be precluded from obtaining reimbursement as specified under subdivision (c) of Section 19551.1. +(g) A city, county, or city and county shall not be required to provide information to the Franchise Tax Board pursuant to this section if the Franchise Tax Board fails to provide tax information to the city, county, or city and county pursuant to a reciprocal agreement entered into pursuant to subdivision (a) of Section 19551.1 for reasons other than concerns related to confidentiality of tax information provided to the city, county, or city and county. +(h) This section shall remain in effect only until January 1, 2019, and as of that date, is repealed. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes, until January 1, 2019, a city that has entered into a reciprocal agreement, as defined, with the Franchise Tax Board to exchange tax information, as provided. Existing law requires, until January 1, 2019, upon the request of the Franchise Tax Board, each city that assesses a city business tax or requires a city business license to annually submit to the board specified information relating to the administration of the city’s business tax program. Existing law defines the term “city” to include, among others, a city and county. Existing law limits the collection and use of this information and provides that any unauthorized use of this information is punishable as a misdemeanor. +This bill would expand these provisions to additionally apply to a county. By expanding the scope of a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 19551.1 and 19551.5 of the Revenue and Taxation Code, relating to taxation." +472,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 116.130 of the Code of Civil Procedure is amended to read: +116.130. +In this chapter, unless the context indicates otherwise: +(a) “Plaintiff” means the party who has filed a small claims action. The term includes a defendant who has filed a claim against a plaintiff. +(b) “Defendant” means the party against whom the plaintiff has filed a small claims action. The term includes a plaintiff against whom a defendant has filed a claim. +(c) “Judgment creditor” means the party, whether plaintiff or defendant, in whose favor a money judgment has been rendered. +(d) “Judgment debtor” means the party, whether plaintiff or defendant, against whom a money judgment has been rendered. +(e) “Person” means an individual, corporation, partnership, limited liability partnership, limited liability company, firm, association, +city, county, city and county, school district, county office of education, community college district, local district, +or +any +other entity. +(f) “Individual” means a natural person. +(g) “Party” means a plaintiff or defendant. +(h) “Motion” means a party’s written request to the court for an order or other action. The term includes an informal written request to the court, such as a letter. +(i) “Declaration” means a written statement signed by an individual which includes the date and place of signing, and a statement under penalty of perjury under the laws of this state that its contents are true and correct. +(j) “Good cause” means circumstances sufficient to justify the requested order or other action, as determined by the judge. +(k) “Mail” means first-class mail with postage fully prepaid, unless stated otherwise. +SEC. 2. +Section 116.220 of the Code of Civil Procedure is amended to read: +116.220. +(a) The small claims court has jurisdiction in the following actions: +(1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed five thousand dollars ($5,000). +(2) Except as provided in subdivisions (c), (e), +and +(f) +, and (h) +, to enforce payment of delinquent unsecured personal property taxes in an amount not to exceed five thousand dollars ($5,000), if the legality of the tax is not contested by the defendant. +(3) To issue the writ of possession authorized by Sections 1861.5 and 1861.10 of the Civil Code if the amount of the demand does not exceed five thousand dollars ($5,000). +(4) To confirm, correct, or vacate a fee arbitration award not exceeding five thousand dollars ($5,000) between an attorney and client that is binding or has become binding, or to conduct a hearing de novo between an attorney and client after nonbinding arbitration of a fee dispute involving no more than five thousand dollars ($5,000) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code. +(5) For an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief. +(b) In any action seeking relief authorized by paragraphs (1) to (4), inclusive, of subdivision (a), the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance, in lieu of, or in addition to, money damages. The court may issue a conditional judgment. The court shall retain jurisdiction until full payment and performance of any judgment or order. +(c) Notwithstanding subdivision (a), the small claims court has jurisdiction over a defendant guarantor as follows: +(1) For any action brought by a natural person against the Registrar of the Contractors’ State License Board as the defendant guarantor, the small claims jurisdictional limit stated in Section 116.221 shall apply. +(2) For any action against a defendant guarantor that does not charge a fee for its guarantor or surety services, if the amount of the demand does not exceed two thousand five hundred dollars ($2,500). +(3) For any action brought by a natural person against a defendant guarantor that charges a fee for its guarantor or surety services, if the amount of the demand does not exceed six thousand five hundred dollars ($6,500). +(4) For any action brought by an entity other than a natural person against a defendant guarantor that charges a fee for its guarantor or surety services or against the Registrar of the Contractors’ State License Board as the defendant guarantor, if the amount of the demand does not exceed four thousand dollars ($4,000). +(d) In any case in which the lack of jurisdiction is due solely to an excess in the amount of the demand, the excess may be waived, but any waiver is not operative until judgment. +(e) Notwithstanding subdivision (a), in any action filed by a plaintiff incarcerated in a Department of Corrections and Rehabilitation facility, the small claims court has jurisdiction over a defendant only if the plaintiff has alleged in the complaint that he or she has exhausted his or her administrative remedies against that department, including compliance with Sections 905.2 and 905.4 of the Government Code. The final administrative adjudication or determination of the plaintiff’s administrative claim by the department may be attached to the complaint at the time of filing in lieu of that allegation. +(f) In any action governed by subdivision (e), if the plaintiff fails to provide proof of compliance with the requirements of subdivision (e) at the time of trial, the judicial officer shall, at his or her discretion, either dismiss the action or continue the action to give the plaintiff an opportunity to provide that proof. +(g) For purposes of this section, “department” includes an employee of a department against whom a claim has been filed under this chapter arising out of his or her duties as an employee of that department. +(h) Notwithstanding subdivision (a), the small claims court has jurisdiction over an action brought by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity if the amount of the demand does not exceed ten thousand dollars ($10,000). +SEC. 3. +Section 116.231 of the Code of Civil Procedure is amended to read: +116.231. +(a) Except as provided in subdivision (d), no person may file more than two small claims actions in which the amount demanded exceeds two thousand five hundred dollars ($2,500), anywhere in the state in any calendar year. +(b) Except as provided in subdivision (d), if the amount demanded in any small claims action exceeds two thousand five hundred dollars ($2,500), the party making the demand shall file a declaration under penalty of perjury attesting to the fact that not more than two small claims actions in which the amount of the demand exceeded two thousand five hundred dollars ($2,500) have been filed by that party in this state within the calendar year. +(c) The Legislature finds and declares that the pilot project conducted under the authority of Chapter 1196 of the Statutes of 1991 demonstrated the efficacy of the removal of the limitation on the number of actions public entities may file in the small claims courts on claims exceeding two thousand five hundred dollars ($2,500). +(d) The limitation on the number of filings exceeding two thousand five hundred dollars ($2,500) does not apply to filings where the claim does not exceed +five +ten +thousand dollars +($5,000) +($10,000) +that are filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity. +If any small claims action is filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity pursuant to this section, and the defendant informs the court either in advance of the hearing by written notice or at the time of the hearing, that he or she is represented in the action by legal counsel, the action shall be transferred out of the small claims division. A city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity may not file a claim within the small claims division if the amount of the demand exceeds five thousand dollars ($5,000).","Existing law establishes a small claims division, known as a small claims court, in each superior court. Existing law provides that the small claims court has jurisdiction over actions seeking certain forms of relief, including money damages in specified amounts. Existing law prohibits a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity from filing a claim in the small claims division if the amount of the demand exceeds $5,000. Existing law also provides that a small claims action filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity must be transferred out of the small claims division if the opposing party is represented by legal counsel and properly informs the entity of this fact. +This bill would give the small claims court jurisdiction over an action filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity if the amount of the demand does not exceed $10,000. This bill would also eliminate the provision relating to the transfer of small claims actions where the opposing party is represented by counsel.","An act to amend Sections 116.130, 116.220, and 116.231 of the Code of Civil Procedure, relating to small claims court." +473,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) Accessible window covering cords present a significant risk of injury, particularly strangulation, to young children. +(2) The United States Consumer Product Safety Commission identified window coverings as one of the top five hidden home hazards in the country. +(3) The United States Consumer Product Safety Commission’s National Electronic Injury Surveillance System demonstrates that nationwide from 1996 through 2012, an estimated 1,590 children were treated for injuries resulting from entanglements on window covering cords. +(4) The United States Consumer Product Safety Commission has recorded 184 reported fatal strangulations nationwide from 1996 through 2012 involving window covering cords among children eight years and younger. +(5) Of the 249 window covering cord incidents the United States Consumer Product Safety Commission investigated from 1996 through 2012, they determined that 57 percent of the incidents would not have been effectively prevented by the voluntary standards published by the American National Standards Institute and Window Covering Manufacturers Association. +(6) For more than a decade, manufacturers have been producing safe window coverings designed to eliminate accessible, hazardous cords that currently represent 20 to 25 percent of the market. +(b) It is the intent of the Legislature to +subsequently amend this measure to +enact legislation to protect children from the preventable strangulation hazard posed by cords on window coverings by adopting standards that provide for safer window coverings in California. +SEC. 2. +Chapter 35 (commencing with Section 22948.8) is added to Division 8 of the +Business and Professions Code +, to read: +35. +Corded Window Coverings +22948.8. +For purposes of this chapter, the following terms shall have the following meanings: +(a)“Accessible cord” means any cord determined to be accessible pursuant to the 2012 American National Standard for Safety of Corded Window Covering Products adopted by the United States Consumer Product Safety Commission consistent with the procedures under the federal Consumer Product Safety Act (Public Law 92-573) and any successor standards. +(b)“Corded window covering” means a window covering, including, but not limited to, blinds, curtains, draperies, and shades, that has an accessible cord. +22948.9. +It is unlawful to sell to a purchaser located in this state a window covering that does not meet the requirements of the 2012 American National Standard for Safety of Corded Window Covering Products adopted by the United States Consumer Product Safety Commission consistent with the procedures under the federal Consumer Product Safety Act (Public Law 92-573) and any successor standards. +22949. +This chapter shall become operative on January 1, 2018. +SEC. 3. +Section 1503.3 is added to the +Health and Safety Code +, to read: +1503.3. +(a)For the purposes of this section, the terms “accessible cord” and “corded window covering” have the same meaning as in Section 22948.8 of the Business and Professions Code. +(b)A facility licensed or certified pursuant to this chapter that serves children under six years of age shall not install any corded window covering in the facility. +(c)By January 1, 2019, every facility licensed or certified pursuant to this chapter that serves children under six years of age shall remove all corded window coverings or retrofit the corded window coverings as soon as is reasonably possible with repair kits that are approved by either the United States Consumer Product Safety Commission or the Window Covering Safety Council. +(d)If a person or facility fails to comply with this section, the department may require replacement of existing corded window coverings with cordless window coverings that meet the requirements of the 2012 American National Standard for Safety of Corded Window Covering Products adopted by the United States Consumer Product Safety Commission consistent with the procedures under the federal Consumer Product Safety Act (Public Law 92-573) and any successor standards. +SEC. 4. +Section 1596.848 is added to the +Health and Safety Code +, to read: +1596.848. +(a)For the purposes of this section, the terms “accessible cord” and “corded window covering” have the same meaning as in Section 22948.8 of the Business and Professions Code. +(b)A child day care facility that serves children under six years of age shall not install any corded window covering in the facility. +(c)By January 1, 2019, a child day care facility that serves children under six years of age shall remove all corded window coverings or retrofit the corded window coverings as soon as is reasonably possible with repair kits that are approved by either the United States Consumer Product Safety Commission or the Window Covering Safety Council. +(d)If a person or facility fails to comply with this section, the department may require replacement of existing corded window coverings with cordless window coverings that meet the requirements of the 2012 American National Standard for Safety of Corded Window Covering Products adopted by the United States Consumer Product Safety Commission consistent with the procedures under the federal Consumer Product Safety Act (Public Law 92-573) and any successor standards. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally regulates various business activities and practices, including the sale within the state of cribs and bunk beds intended for use by children. +This bill would, beginning January 1, 2018, make it unlawful to sell to a purchaser located in the state a corded window covering. The bill would define “corded window covering” as a window covering, including, but not limited to, blinds, curtains, draperies, and shades, that has an accessible cord, and would define “accessible cord” as any cord determined to be accessible pursuant to the 2012 American National Standard for Safety of Corded Window Covering Products adopted by the United States Consumer Product Safety Commission and any successor standards. +Existing law provides for the licensing and regulation of community care facilities, including, among others, residential facilities, foster family homes, certified family homes, and group homes by the State Department of Social Services. Existing law also provides for the licensing and regulation of child day care facilities by the department. A person who violates a law relating to community care facilities, or who willfully or repeatedly violates a law relating to child day care facilities, is guilty of a misdemeanor. +This bill would prohibit a community care facility or child day care facility that serves children under 6 years of age from installing a corded window covering in the facility. The bill would also require those facilities to remove all corded window coverings or retrofit the corded window coverings as soon as is reasonably possible with repair kits, as specified, by January 1, 2019. The bill would also authorize the department to require those facilities to replace existing corded window coverings, as specified, if a person or facility fails to comply with the above provisions. By expanding the scope of a crime, this bill would impose a state-mandated local program. The bill would also make related findings and declarations. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would +provide that no reimbursement is required by this act for a specified reason. +make specified findings and would declare the intent of the Legislature to subsequently amend this bill to enact legislation to protect children from the preventable strangulation hazard posed by cords on window coverings by adopting standards that provide for safer window coverings in California.","An act +to add Chapter 35 (commencing with Section 22948.8) to Division 8 of the Business and Professions Code, and to add Sections 1503.3 and 1596.848 to the Health and Safety Code, +relating to window coverings." +474,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 53601.8 of the Government Code, as amended by Section 1 of Chapter 228 of the Statutes of 2013, is amended to read: +53601.8. +Notwithstanding Section 53601 or any other provision of this code, a local agency that has the authority under law to invest funds, at its discretion, may invest a portion of its surplus funds in deposits at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of deposits. The following conditions shall apply: +(a) The local agency shall choose a nationally or state chartered commercial bank, savings bank, savings and loan association, or credit union in this state to invest the funds, which shall be known as the “selected” depository institution. +(b) The selected depository institution may use a private sector entity to help place local agency deposits with one or more commercial banks, savings banks, savings and loan associations, or credit unions that are located in the United States and are within the network used by the private sector entity for this purpose. +(c) Any private sector entity used by a selected depository institution to help place its local agency deposits shall maintain policies and procedures requiring both of the following: +(1) The full amount of each deposit placed pursuant to subdivision (b) and the interest that may accrue on each such deposit shall at all times be insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. +(2) Every depository institution where funds are placed shall be capitalized at a level that is sufficient, and be otherwise eligible, to receive such deposits pursuant to regulations of the Federal Deposit Insurance Corporation or the National Credit Union Administration, as applicable. +(d) The selected depository institution shall serve as a custodian for each such deposit. +(e) On the same date that the local agency’s funds are placed pursuant to subdivision (b) by the private sector entity, the selected depository institution shall receive an amount of insured deposits from other financial institutions that, in total, are equal to, or greater than, the full amount of the principal that the local agency initially deposited through the selected depository institution pursuant to subdivision (b). +(f) Notwithstanding subdivisions (a) to (e), inclusive, a credit union shall not act as a selected depository institution under this section or Section 53635.8 unless both of the following conditions are satisfied: +(1) The credit union offers federal depository insurance through the National Credit Union Administration. +(2) The credit union is in possession of written guidance or other written communication from the National Credit Union Administration authorizing participation of federally insured credit unions in one or more deposit placement services and affirming that the moneys held by those credit unions while participating in a deposit placement service will at all times be insured by the federal government. +(g) It is the intent of the Legislature that this section shall not restrict competition among private sector entities that provide placement services pursuant to this section. +(h) The deposits placed pursuant to this section and Section 53635.8 shall not, in total, exceed 30 percent of the agency’s funds that may be invested for this purpose. +(i) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. +SEC. 2. +Section 53601.8 of the Government Code, as added by Section 2 of Chapter 228 of the Statutes of 2013, is amended to read: +53601.8. +Notwithstanding Section 53601 or any other provision of this code, a local agency that has the authority under law to invest funds may, at its discretion, invest a portion of its surplus funds in certificates of deposit at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of certificates of deposit, provided that the purchases of certificates of deposit pursuant to this section, Section 53635.8, and subdivision (i) of Section 53601 do not, in total, exceed 30 percent of the agency’s funds that may be invested for this purpose. The following conditions shall apply: +(a) The local agency shall choose a nationally or state-chartered commercial bank, savings bank, savings and loan association, or credit union in this state to invest the funds, which shall be known as the “selected” depository institution. +(b) The selected depository institution may submit the funds to a private sector entity that assists in the placement of certificates of deposit with one or more commercial banks, savings banks, savings and loan associations, or credit unions that are located in the United States for the local agency’s account. +(c) The full amount of the principal and the interest that may be accrued during the maximum term of each certificate of deposit shall at all times be insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. +(d) The selected depository institution shall serve as a custodian for each certificate of deposit that is issued with the placement service for the local agency’s account. +(e) At the same time the local agency’s funds are deposited and the certificates of deposit are issued, the selected depository institution shall receive an amount of deposits from other commercial banks, savings banks, savings and loan associations, or credit unions that, in total, are equal to, or greater than, the full amount of the principal that the local agency initially deposited through the selected depository institution for investment. +(f) Notwithstanding subdivisions (a) to (e), inclusive, no credit union may act as a selected depository institution under this section or Section 53635.8 unless both of the following conditions are satisfied: +(1) The credit union offers federal depository insurance through the National Credit Union Administration. +(2) The credit union is in possession of written guidance or other written communication from the National Credit Union Administration authorizing participation of federally insured credit unions in one or more certificate of deposit placement services and affirming that the moneys held by those credit unions while participating in a deposit placement service will at all times be insured by the federal government. +(g) It is the intent of the Legislature that this section shall not restrict competition among private sector entities that provide placement services pursuant to this section. +(h) This section shall become operative on January 1, 2021. +SEC. 3. +Section 53635.8 of the Government Code, as amended by Section 3 of Chapter 228 of the Statutes of 2013, is amended to read: +53635.8. +Notwithstanding Section 53601 or any other provision of this code, a local agency that has the authority under law to invest funds, at its discretion, may invest a portion of its surplus funds in deposits at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of deposits. The following conditions shall apply: +(a) The local agency shall choose a nationally or state-chartered commercial bank, savings bank, savings and loan association, or credit union in this state to invest the funds, which shall be known as the “selected” depository institution. +(b) The selected depository institution may use a private sector entity to help place local agency deposits with one or more commercial banks, savings banks, savings and loan associations, or credit unions that are located in the United States and are within the network used by the private sector entity for this purpose. +(c) Any private sector entity used by a selected depository institution to help place its local agency deposits shall maintain policies and procedures requiring both of the following: +(1) The full amount of each deposit placed pursuant to subdivision (b) and the interest that may accrue on each such deposit shall at all times be insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. +(2) Every depository institution where funds are placed shall be capitalized at a level that is sufficient, and be otherwise eligible, to receive such deposits pursuant to regulations of the Federal Deposit Insurance Corporation or the National Credit Union Administration, as applicable. +(d) The selected depository institution shall serve as a custodian for each such deposit. +(e) On the same date that the local agency’s funds are placed pursuant to subdivision (b) by the private sector entity, the selected depository institution shall receive an amount of insured deposits from other financial institutions that, in total, are equal to, or greater than, the full amount of the principal that the local agency initially deposited through the selected depository institution for investment pursuant to subdivision (b). +(f) Notwithstanding subdivisions (a) to (e), inclusive, a credit union shall not act as a selected depository institution under this section or Section 53601.8 unless both of the following conditions are satisfied: +(1) The credit union offers federal depository insurance through the National Credit Union Administration. +(2) The credit union is in possession of written guidance or other written communication from the National Credit Union Administration authorizing participation of federally insured credit unions in one or more deposit placement services and affirming that the moneys held by those credit unions while participating in a deposit placement service will at all times be insured by the federal government. +(g) It is the intent of the Legislature that this section shall not restrict competition among private sector entities that provide placement services pursuant to this section. +(h) The deposits placed pursuant to this section and Section 53601.8 shall not, in total, exceed 30 percent of the agency’s funds that may be invested for this purpose. +(i) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. +SEC. 4. +Section 53635.8 of the Government Code, as added by Section 4 of Chapter 228 of the Statutes of 2013, is amended to read: +53635.8. +Notwithstanding Section 53601 or any other provision of this code, a local agency that has the authority under law to invest funds, at its discretion, may invest a portion of its surplus funds in certificates of deposit at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of certificates of deposit, provided that the purchases of certificates of deposit pursuant to this section, Section 53601.8, and subdivision (i) of Section 53601 do not, in total, exceed 30 percent of the agency’s funds that may be invested for this purpose. The following conditions shall apply: +(a) The local agency shall choose a nationally or state-chartered commercial bank, savings bank, savings and loan association, or credit union in this state to invest the funds, which shall be known as the “selected” depository institution. +(b) The selected depository institution may submit the funds to a private sector entity that assists in the placement of certificates of deposit with one or more commercial banks, savings banks, savings and loan associations, or credit unions that are located in the United States, for the local agency’s account. +(c) The full amount of the principal and the interest that may be accrued during the maximum term of each certificate of deposit shall at all times be insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. +(d) The selected depository institution shall serve as a custodian for each certificate of deposit that is issued with the placement service for the local agency’s account. +(e) At the same time the local agency’s funds are deposited and the certificates of deposit are issued, the selected depository institution shall receive an amount of deposits from other commercial banks, savings banks, savings and loan associations, or credit unions that, in total, are equal to, or greater than, the full amount of the principal that the local agency initially deposited through the selected depository institution for investment. +(f) Notwithstanding subdivisions (a) to (e), inclusive, a credit union shall not act as a selected depository institution under this section or Section 53601.8 unless both of the following conditions are satisfied: +(1) The credit union offers federal depository insurance through the National Credit Union Administration. +(2) The credit union is in possession of written guidance or other written communication from the National Credit Union Administration authorizing participation of federally insured credit unions in one or more certificate of deposit placement services and affirming that the moneys held by those credit unions while participating in a deposit placement service will at all times be insured by the federal government. +(g) It is the intent of the Legislature that this section shall not restrict competition among private sector entities that provide placement services pursuant to this section. +(h) This section shall become operative on January 1, 2021.","Existing law prescribes the instruments in, and criteria by which, a local agency, as defined, may invest and deposit its funds, including its surplus funds. Existing law, until January 1, 2017, authorizes, under certain conditions, a local agency to invest up to a certain percentage of its surplus funds in deposits at specified types of financial institutions that use a private sector entity to assist in the placement of deposits, whether those investments are certificates of deposit or in another form. With respect to investments other than a certificate of deposit, existing law limits the percentage of local agency funds that may be invested by any one private sector entity. Existing law, on and after January 1, 2017, limits this authority to invest surplus funds to investments in certificates of deposit. +This bill would extend the existing temporary authority for a local agency to invest its surplus funds, in certificates of deposit or in another form of investment, until January 1, 2021, and for that time period, would remove a limitation on the percentage of local agency funds that may be invested in certificates of deposit. This bill would, on and after January 1, 2021, indefinitely authorize a local agency to invest surplus funds to investments in certificates of deposit, as specified. This bill would also remove the limit on the percentage of local agency funds that may be invested by any one private sector entity, as specified.","An act to amend Sections 53601.8 and 53635.8 of the Government Code, relating to local government." +475,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4689 of the Welfare and Institutions Code is amended to read: +4689. +Consistent with state and federal law, the Legislature places a high priority on providing opportunities for adults with developmental disabilities, regardless of the degree of disability, to live in homes that they own or lease with support available as often and for as long as it is needed, when that is the preferred objective in the individual program plan. In order to provide opportunities for adults to live in their own homes, the following procedures shall be adopted: +(a) The department and regional centers shall ensure that supported living arrangements adhere to the following principles: +(1) Consumers shall be supported in living arrangements +which +that +are typical of those in which persons without disabilities reside. +(2) The services or supports that a consumer receives shall change as his or her needs change without the consumer having to move elsewhere. +(3) The consumer’s preference shall guide decisions concerning where and with whom he or she lives. +(4) Consumers shall have control over the environment within their own home. +(5) The purpose of furnishing services and supports to a consumer shall be to assist that individual to exercise choice in his or her life while building critical and durable relationships with other individuals. +(6) The services or supports shall be flexible and tailored to a consumer’s needs and preferences. +(7) Services and supports are most effective when furnished where a person lives and within the context of his or her day-to-day activities. +(8) Consumers shall not be excluded from supported living arrangements based solely on the nature and severity of their disabilities. +(b) Regional centers may contract with agencies or individuals to assist consumers in securing their own homes and to provide consumers with the supports needed to live in their own homes. +(c) The range of supported living services and supports available include, but are not limited to, assessment of consumer needs; assistance in finding, +modifying +modifying, +and maintaining a home; facilitating circles of support to encourage the development of unpaid and natural supports in the community; advocacy and self-advocacy facilitation; development of employment goals; social, behavioral, and daily living skills training and support; development and provision of 24-hour emergency response systems; securing and maintaining adaptive equipment and supplies; recruiting, training, and hiring individuals to provide personal care and other assistance, including in-home supportive services workers, paid neighbors, and paid roommates; providing respite and emergency relief for personal care attendants; and facilitating community participation. Assessment of consumer needs may begin before 18 years of age to enable the consumer to move to his or her own home when he or she reaches 18 years of age. +(d) Regional centers shall provide information and education to consumers and their families about supported living principles and services. +(e) Regional centers shall monitor and ensure the quality of services and supports provided to individuals living in homes that they own or lease. Monitoring shall take into account all of the following: +(1) Adherence to the principles set forth in this section. +(2) Whether the services and supports outlined in the consumer’s individual program plan are congruent with the choices and needs of the individual. +(3) Whether services and supports described in the consumer’s individual program plan are being delivered. +(4) Whether services and supports are having the desired effects. +(5) Whether the consumer is satisfied with the services and supports. +(f) The planning team, established pursuant to subdivision (j) of Section 4512, for a consumer receiving supported living services shall confirm that all appropriate and available sources of natural and generic supports have been utilized to the fullest extent possible for that consumer. +(g) Regional centers shall utilize the same supported living provider for consumers who reside in the same domicile, provided that each individual consumer’s particular needs can still be met pursuant to his or her individual program plans. +(h) Rent, mortgage, and lease payments of a supported living home and household expenses shall be the responsibility of the consumer and any roommate who resides with the consumer. +(i) A regional center shall not make rent, mortgage, or lease payments on a supported living home, or pay for household expenses of consumers receiving supported living services, except under the following circumstances: +(1) If all of the following conditions are met, a regional center may make rent, mortgage, or lease payments as follows: +(A) The regional center executive director verifies in writing that making the rent, mortgage, or lease payments or paying for household expenses is required to meet the specific care needs unique to the individual consumer as set forth in an addendum to the consumer’s individual program plan, and is required when a consumer’s demonstrated medical, behavioral, or psychiatric condition presents a health and safety risk to himself or herself, or another. +(B) During the time period that a regional center is making rent, mortgage, or lease payments, or paying for household expenses, the supported living services vendor shall assist the consumer in accessing all sources of generic and natural supports consistent with the needs of the consumer. +(C) The regional center shall not make rent, mortgage, or lease payments on a supported living home or pay for household expenses for more than six months, unless the regional center finds that it is necessary to meet the individual consumer’s particular needs pursuant to the consumer’s individual program plan. The regional center shall review a finding of necessity on a quarterly basis and the regional center executive director shall annually verify in an addendum to the consumer’s individual program plan that the requirements set forth in subparagraph (A) continue to be met. +(2) A regional center that has been contributing to rent, mortgage, or lease payments or paying for household expenses prior to July 1, 2009, shall at the time of development, review, or modification of a consumer’s individual program plan determine if the conditions in paragraph (1) are met. If the planning team determines that these contributions are no longer appropriate under this section, a reasonable time for transition, not to exceed six months, shall be permitted. +(j) All paid roommates and live-in support staff in supported living arrangements in which regional centers have made rent, mortgage, or lease payments, or have paid for household expenses pursuant to subdivision (i) shall pay their share of the rent, mortgage, or lease payments or household expenses for the supported living home, subject to the requirements of Industrial Welfare Commission Order No. 15-2001 and the Housing Choice Voucher Program, as set forth in Section 1437f of Title 42 of the United States Code. +(k) Regional centers shall ensure that the supported living services vendors’ administrative costs are necessary and reasonable, given the particular services that they are providing and the number of consumers to whom the vendor provides services. Administrative costs shall be limited to allowable costs for community-based day programs, as defined in Section 57434 of Title 17 of the California Code of Regulations, or its successor. +(l) Regional centers shall ensure that the most cost effective of the rate methodologies is utilized to determine the negotiated rate for vendors of supported living services, consistent with Section 4689.8 and Title 17 of the California Code of Regulations. +(m) For purposes of this section, “household expenses” means general living expenses and includes, but is not limited to, utilities paid and food consumed within the home. +(n) A supported living services provider shall provide assistance to a consumer who is a Medi-Cal beneficiary in applying for in-home supportive services, as set forth in Section 12300, within five days of the consumer moving into a supported living services arrangement. +(o) For consumers receiving supported living services who share a household with one or more adults receiving supported living services, efficiencies in the provision of service may be achieved if some tasks can be shared, meaning the tasks can be provided at the same time while still ensuring that each person’s individual needs are met. These tasks shall only be shared to the extent they are permitted under the Labor Code and related regulations, including, but not limited to, Industrial Welfare Commission Minimum Wage Order No. 15. The planning team, as defined in subdivision (j) of Section 4512, at the time of development, review, or modification of a consumer’s individual program plan (IPP), for housemates currently in a supported living arrangement or planning to move together into a supported living arrangement, or for consumers who live with a housemate not receiving supported living services who is responsible for the task, shall consider, with input from the service provider, whether any tasks, such as meal preparation and cleanup, menu planning, laundry, shopping, general household tasks, or errands can appropriately be shared. If tasks can be appropriately shared, the regional center shall purchase the prorated share of the activity. Upon a determination of a reduction in services pursuant to this section, the regional center shall inform the consumer of the reason for the determination, and shall provide a written notice of fair hearing rights pursuant to Section 4701. +(p) (1) To ensure that consumers in or entering into supported living arrangements receive the appropriate amount and type of supports to meet the person’s choice and needs as determined by the IPP team, and that generic resources are utilized to the fullest extent possible, the IPP team shall complete a standardized assessment questionnaire at the time of development, review, or modification of a consumer’s IPP. The questionnaire shall be used during the individual program plan meetings, in addition to the provider’s assessment, to assist in determining whether the services provided or recommended are necessary and sufficient and that the most cost-effective methods of supported living services are utilized. With input from stakeholders, including regional centers, the department shall develop and post the questionnaire on its Internet Web site, and, by June 30, 2012, shall provide it to the regional centers. +(2) Supported living service providers shall conduct comprehensive assessments for the purpose of getting to know the consumer they will be supporting and developing a support plan congruent with the choices and needs of the individual and consistent with the principles of supported living set forth in this section and in Subchapter 19 (commencing with Section 58600) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations. The independent assessment required by this paragraph is not intended to take the place of or repeat the service provider’s comprehensive assessment. +(3) Upon a determination of a reduction in services pursuant to this section, the regional center shall inform the consumer of the reason for the determination, and shall provide a written notice of fair hearing rights pursuant to Section 4701. +(4) Nothing in this section precludes the completion of an independent assessment. +(q) Direct care workers providing supported living services shall satisfactorily complete 15 hours of training in behavioral intervention within three months from the date the direct care worker was hired.","Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports, including supported living services, to individuals with developmental disabilities and their families. Existing law lists the range of supported living services and supports to include, among other things, recruiting, training, and hiring individuals to provide personal care and other assistance, and requires supported living service providers to conduct comprehensive assessments for the purpose of getting to know the consumer they will be supporting. +This bill would require direct care workers providing supported living services to satisfactorily complete 15 hours of training in behavioral intervention within 3 months from the date the provider was hired.","An act to amend Section 4689 of the Welfare and Institutions Code, relating to developmental services." +476,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Research has shown that dual enrollment can be an effective means of improving the educational outcomes for a broad range of students. +(b) Dual enrollment has historically targeted high-achieving students; however, increasingly, educators and policymakers are looking toward dual enrollment as a strategy to help students who struggle academically or who are at risk of dropping out. +(c) Allowing a greater and more varied segment of high school pupils to take community college courses could provide numerous benefits to both the pupils and the state, such as reducing the number of high school dropouts, increasing the number of community college students who transfer and complete a degree, shortening the time to completion of educational goals, and improving the level of preparation of students to successfully complete for-credit, college-level courses. +(d) California should rethink its policies governing dual enrollment, and establish a policy framework under which school districts and community college districts could create dual enrollment partnerships as one strategy to provide critical support for underachieving students, those from groups underrepresented in postsecondary education, those who are seeking advanced studies while in high school, and those seeking a career technical education credential or certificate. +(e) Through dual enrollment partnerships, school districts and community college districts could create clear pathways of aligned, sequenced coursework that would allow students to more easily and successfully transition to for-credit, college-level coursework leading to an associate degree, transfer to the University of California or the California State University, or to a program leading to a career technical education credential or certificate. +(f) To facilitate the establishment of dual enrollment partnerships, the state should remove fiscal penalties and policy barriers that discourage dual enrollment opportunities. By reducing some of these restrictions, it will be possible to expand dual enrollment opportunities, thereby saving both students and the state valuable time, money, and scarce educational resources. +SEC. 2. +Section 76004 is added to the Education Code, to read: +76004. +Notwithstanding Section 76001 or any other law: +(a) The governing board of a community college district may enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district for the purpose of offering or expanding dual enrollment opportunities for students who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness. +(b) A participating community college district may enter into a CCAP partnership with a school district partner that is governed by a CCAP partnership agreement approved by the governing boards of both districts. As a condition of, and before adopting, a CCAP partnership agreement, the governing board of each district, at an open public meeting of that board, shall present the dual enrollment partnership agreement as an informational item. The governing board of each district, at a subsequent open public meeting of that board, shall take comments from the public and approve or disapprove the proposed agreement. +(c) (1) The CCAP partnership agreement shall outline the terms of the CCAP partnership and shall include, but not necessarily be limited to, the total number of high school students to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those students; the scope, nature, time, location, and listing of community college courses to be offered; and criteria to assess the ability of pupils to benefit from those courses. The CCAP partnership agreement shall also establish protocols for information sharing, in compliance with all applicable state and federal privacy laws, joint facilities use, and parental consent for high school pupils to enroll in community college courses. +(2) The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district partner. +(3) A copy of the CCAP partnership agreement shall be filed with the office of the Chancellor of the California Community Colleges and with the department before the start of the CCAP partnership. The chancellor may void any CCAP partnership agreement it determines has not complied with the intent of the requirements of this section. +(d) A community college district participating in a CCAP partnership shall not provide physical education course opportunities to high school pupils pursuant to this section or any other course opportunities that do not assist in the attainment of at least one of the goals listed in subdivision (a). +(e) A community college district shall not enter into a CCAP partnership with a school district within the service area of another community college district, except where an agreement exists, or is established, between those community college districts authorizing that CCAP partnership. +(f) A high school pupil enrolled in a course offered through a CCAP partnership shall not be assessed any fee that is prohibited by Section 49011. +(g) A community college district participating in a CCAP partnership may assign priority for enrollment and course registration to a pupil seeking to enroll in a community college course that is required for the pupil’s CCAP partnership program that is equivalent to the priority assigned to a pupil attending a middle college high school as described in Section 11300 and consistent with middle college high school provisions in Section 76001. +(h) The CCAP partnership agreement shall certify that any community college instructor teaching a course on a high school campus has not been convicted of any sex offense as defined in Section 87010, or any controlled substance offense as defined in Section 87011. +(i) The CCAP partnership agreement shall certify that any community college instructor teaching a course at the partnering high school campus has not displaced or resulted in the termination of an existing high school teacher teaching the same course on that high school campus. +(j) The CCAP partnership agreement shall certify that a qualified high school teacher teaching a course offered for college credit at a high school campus has not displaced or resulted in the termination of an existing community college faculty member teaching the same course at the partnering community college campus. +(k) The CCAP partnership agreement shall include a certification by the participating community college district of all of the following: +(1) A community college course offered for college credit at the partnering high school campus does not reduce access to the same course offered at the partnering community college campus. +(2) A community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership. +(3) Participation in a CCAP partnership is consistent with the core mission of the community colleges pursuant to Section 66010.4, and that pupils participating in a CCAP partnership will not lead to enrollment displacement of otherwise eligible adults in the community college. +(l) The CCAP partnership agreement shall certify that both the school district and community college district partners comply with local collective bargaining agreements and all state and federal reporting requirements regarding the qualifications of the teacher or faculty member teaching a CCAP partnership course offered for high school credit. +(m) The CCAP partnership agreement shall specify both of the following: +(1) Which participating district will be the employer of record for purposes of assignment monitoring and reporting to the county office of education. +(2) Which participating district will assume reporting responsibilities pursuant to applicable federal teacher quality mandates. +(n) The CCAP partnership agreement shall certify that any remedial course taught by community college faculty at a partnering high school campus shall be offered only to high school students who do not meet their grade level standard in math, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative remediation course as an intervention in the student’s junior or senior year to ensure the student is prepared for college-level work upon graduation. +(o) (1) A community college district may limit enrollment in a community college course solely to eligible high school students if the course is offered at a high school campus during the regular school day and the community college course is offered pursuant to a CCAP partnership agreement. +(2) For purposes of allowances and apportionments from Section B of the State School Fund, a community college district conducting a closed course on a high school campus pursuant to paragraph (1) of subdivision (p) shall be credited with those units of full-time equivalent students attributable to the attendance of eligible high school pupils. +(p) A community college district may allow a special part-time student participating in a CCAP partnership agreement established pursuant to this article to enroll in up to a maximum of 15 units per term if all of the following circumstances are satisfied: +(1) The units constitute no more than four community college courses per term. +(2) The units are part of an academic program that is part of a CCAP partnership agreement established pursuant to this article. +(3) The units are part of an academic program that is designed to award students both a high school diploma and an associate degree or a certificate or credential. +(q) The governing board of a community college district participating in a CCAP partnership agreement established pursuant to this article shall exempt special part-time students described in subdivision (p) from the fee requirements in Sections 76060.5, 76140, 76223, 76300, 76350, and 79121. +(r) A district shall not receive a state allowance or apportionment for an instructional activity for which the partnering district has been, or shall be, paid an allowance or apportionment. +(s) The attendance of a high school pupil at a community college as a special part-time or full-time student pursuant to this section is authorized attendance for which the community college shall be credited or reimbursed pursuant to Section 48802 or 76002, provided that no school district has received reimbursement for the same instructional activity. +(t) (1) For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district shall report annually to the office of the Chancellor of the California Community Colleges all of the following information: +(A) The total number of high school pupils by schoolsite enrolled in each CCAP partnership, aggregated by gender and ethnicity, and reported in compliance with all applicable state and federal privacy laws. +(B) The total number of community college courses by course category and type and by schoolsite enrolled in by CCAP partnership participants. +(C) The total number and percentage of successful course completions, by course category and type and by schoolsite, of CCAP partnership participants. +(D) The total number of full-time equivalent students generated by CCAP partnership community college district participants. +(2) On or before January 1, 2021, the chancellor shall prepare a summary report that includes an evaluation of the CCAP partnerships, an assessment of trends in the growth of special admits systemwide and by campus, and, based upon the data collected pursuant to this section, recommendations for program improvements, including, but not necessarily limited to, both of the following: +(A) Any recommended changes to the statewide cap on special admit full-time equivalent students to ensure that adults are not being displaced. +(B) Any recommendation concerning the need for additional student assistance or academic resources to ensure the overall success of the CCAP partnerships. +(3) The chancellor shall ensure that the number of full-time equivalent students generated by CCAP partnerships is reported pursuant to the reporting requirements in Section 76002. +(u) The annual report required by subdivision (t) shall also be transmitted to all of the following: +(1) The Legislature, in compliance with Section 9795 of the Government Code. +(2) The Director of Finance. +(3) The Superintendent. +(v) A community college district that violates this article, including, but not necessarily limited to, any restriction imposed by the board of governors pursuant to this article, shall be subject to the same penalty as may be imposed pursuant to subdivision (d) of Section 78032. +(w) The statewide number of full-time equivalent students claimed as special admits shall not exceed 10 percent of the total number of full-time equivalent students claimed statewide. +(x) Nothing in this section is intended to affect a dual enrollment partnership agreement existing on the effective date of this section under which an early college high school, a middle college high school, or California Career Pathways Trust existing on the effective date of this section is operated. An early college high school, middle college high school, or California Career Pathways Trust partnership agreement existing on the effective date of this section shall not operate as a CCAP partnership unless it complies with the provisions of this section. +(y) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.","Existing law authorizes the governing board of a school district to allow pupils whom the district has determined would benefit from advanced scholastic or vocational work to attend community college as special part-time or full-time students, subject to parental permission. Existing law requires credit to be awarded to these pupils, as specified, authorizes a school principal to recommend a pupil for community college summer session if the pupil meets specified criteria, and prohibits the principal from recommending more than 5% of the total number of pupils from any particular grade level who completed that grade immediately before the time of recommendation for summer session attendance. +This bill would authorize the governing board of a community college district to enter into a College and Career Access Pathways partnership with the governing board of a school district with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness. The bill would require the partnership agreement to outline the terms of the partnership, as specified, and to establish protocols for information sharing, joint facilities use, and parental consent for high school pupils to enroll in community college courses. +The bill would authorize specified high school pupils to enroll in up to 15 units per term if those units are required for these pupils’ partnership programs and specified conditions are satisfied, and would authorize a community college district to exempt special part-time and full-time students taking up to a maximum of 15 units per term from specified fee requirements. The bill would prohibit a district from receiving a state allowance or apportionment for an instructional activity for which the partnering district has been, or will be, paid an allowance or apportionment under a concurrent enrollment partnership agreement. The bill would require, for each partnership agreement entered into under the bill, the affected community college district and school district to provide an annual report, containing specified data, to the office of the Chancellor of the California Community Colleges. The bill would require the chancellor to prepare a summary report, no later than January 1, 2021, that includes an evaluation of the partnerships, as specified. The bill’s provisions would be repealed on January 1, 2022.","An act to add and repeal Section 76004 to the Education Code, relating to public schools." +477,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 11 (commencing with Section 9149.30) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read: +Article 11. Legislative Employee Whistleblower Protection Act +9149.30. +This article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act. +9149.31. +The Legislature finds and declares that legislative employees should be free to report ethical violations without fear of retribution. +9149.32. +For the purposes of this article, the following terms have the following meanings: +(a) “Legislative employee” means an individual, other than a Member of either house of the Legislature, who is currently employed by either house of the Legislature. +(b) “Protected disclosure” means the filing of a complaint with any of the following: +(1) The Joint Legislative Ethics Committee pursuant to Section 8944, alleging a violation by a member of the Legislature. +(2) The Senate Committee on Legislative Ethics, alleging that a Member, officer, or employee of the Senate violated any standard of conduct, as defined by the standing rules of the Senate. +(3) The Assembly Legislative Ethics Committee, alleging that a Member of the Assembly violated any standard of conduct, as defined by the standing rules of the Assembly. +(4) The Assembly Rules Committee, alleging that an employee of the Assembly violated Article 2 of Chapter 1 of this part. +(5) An ethics ombudsperson designated by either house of the Legislature to receive information about potential ethical violations. +(c) “Use of official authority or influence” includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. +9149.33. +(a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that person’s official authority or influence to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command, a legislative employee for the purpose of interfering with the right of the legislative employee to make a protected disclosure. +(b) Except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year. +(c) In addition to all other penalties provided by law, except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who violates this section is liable in a civil action for damages brought by a legislative employee. +(d) This section shall not be construed to authorize an individual to disclose information otherwise prohibited by or under law. +(e) This section is not intended to prevent a supervisor, manager, or other officer of the Legislature from taking, directing others to take, recommending, or approving any personnel action or from taking or failing to take a personnel action with respect to any legislative employee if the supervisor, manager, or other officer reasonably believes any action or inaction is justified on the basis of evidence separate from the fact that the person has made a protected disclosure. +9149.34. +A legislative employee may file a written complaint with his or her supervisor or manager, or with any other officer designated by the house of the Legislature by which he or she is employed, alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts prohibited by Section 9149.33 for having made a protected disclosure. The complaint, together with a sworn statement under penalty of perjury that the contents of the complaint are true, or are believed by the affiant to be true, shall be filed within one year of the most recent improper act complained about. +9149.35. +(a) Except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year. +(b) For purposes of this section, “legislative employee” includes a former employee of the Legislature +if the complaint is filed within one year of the most recent improper act complained about +. +9149.36. +(a) In addition to all other penalties provided by law, except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee. +(b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure. +(2) Punitive damages may be awarded by the court if the acts of the offending party are proven to be malicious. If liability is established, the injured party is also entitled to reasonable attorney’s fees as provided by law. +(c) A legislative employee is not required to file a complaint pursuant to Section 9149.34 before bringing an action for civil damages. +(d) This section is not intended to prevent a supervisor, manager, or other officer of the Legislature from taking, directing others to take, recommending, or approving any personnel action or from taking or failing to take a personnel action with respect to any legislative employee if the supervisor, manager, or other officer reasonably believes any action or inaction is justified on the basis of evidence separate and apart from the fact that the person has made a protected disclosure. +(e) For purposes of this section, “legislative employee” includes a former employee of the Legislature +if the complaint is filed within one year of the most recent improper act complained about +. +9149.37. +This article does not diminish the rights, privileges, or remedies of a legislative employee under any other federal or state law. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides procedures for a person to file a complaint alleging violations of legislative ethics. Existing law also authorizes each house of the Legislature to adopt rules for its proceedings and to select committees necessary for the conduct of its business. +This bill would prohibit interference with the right of legislative employees, as defined, to make protected disclosures of ethics violations and would prohibit retaliation against legislative employees who have made protected disclosures. This bill would establish a procedure for legislative employees to report violations of the prohibitions to the Legislature. The bill would also impose civil and criminal liability on a person who interferes with a legislative employee’s right to make a protected disclosure or who engages in retaliatory acts, as specified. +By creating new crimes, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Article 11 (commencing with Section 9149.30) to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, relating to the Legislature." +478,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known and may be cited as the Brandon Patrick Water Safety Act. +SEC. 2. +Article 7 (commencing with Section 116090.5) is added to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, to read: +Article 7. Drownings +116090.5. +(a) The department shall, by regulation, create a submersion incident report form for the reporting of all statewide drownings or nonfatal drownings for use as required pursuant to this section. The form shall, at a minimum, include all of the following: +(1) The title, “Submersion Incident Report Form.” +(2) A box to be filled in entitled, “Basic Incident Information” to include the date of incident, time of incident, address of incident, and type of dwelling. For the “type of dwelling,” the form shall include an additional question as to whether the dwelling was a “house, apartment, or other____ (specify).” +(3) A box to be filled in entitled, “Victim Information” to include the age and gender of the victim, the victim’s race or ethnicity, where the victim was last seen, the estimated length of time submersed, the type of clothing worn by the victim, whether a flotation device was worn by the victim, and the circumstances that led to the drowning or nonfatal drowning. For those “circumstances,” the form shall include an additional question as to whether “drugs, alcohol, trauma, a preexisting condition, or other____ (specify)” led to, or were involved in, the drowning or nonfatal drowning. +(4) A box to be filled in entitled, “Water Source Information” to include a description of the site of incident, water clarity, water depth, water type, whether there were toys or objects in the water, and, if applicable, whether the pool or spa was built before 1998. For the “water type,” the form shall include an additional question as to whether the water type was a “pool, spa, lake, river, pond, bathtub, ocean, or other____ (specify).” +(5) A box to be filled in entitled, “Adult Supervision” to include a description of who the supervisor was at the time of, or prior to, the incident, and whether a child protective services referral was made. For purposes of this paragraph, the form shall also include the following: +(A) An additional question as to whether the supervisor at the time of incidence was the victim’s “mother, father, babysitter, relative, or other ____ (specify).” +(B) With regard to whether a child protective services referral has been made, a “Yes or No” to be printed, for the person filling out the form to circle. +(C) The question, “Was submersion witnessed?” +(D) The question, “Was there a trained lifeguard on duty?” +(6) A box to be filled in entitled, “Barrier Information” to include whether water barriers, other barriers, or an alarm were present or activated and information on how the water was accessed by the victim. For purposes of this paragraph, the form shall also include the following: +(A) The question, “Was there a working barrier?” +(B) The question, “Was there a secondary barrier in working order around the water (or pool)?” +(C) The question, “Were there other barriers?” +(7) A box to be filled in entitled, “Classes/Emergency Preparation” to include whether rescue equipment was near the water, whether cardiopulmonary resuscitation was performed and, if so, by whom, whether the victim ever took swim classes, and whether the victim was dead on the scene. For purposes of this paragraph, the form shall also include the following: +(A) The question, “Who pulled the victim out of the water?” +(B) The question, “Was CPR performed?” +(C) The question, “If CPR was performed, was the person CPR trained?” +(D) The question, “If CPR was performed, what type of CPR was performed? Chest compression only, rescue breathing only, or both?” +(b) (1) The form created pursuant to subdivision (a) shall be used and completed by +every local law enforcement entity, fire department, and any other +the +first responder at the scene +, within 72 hours, +for every person who is treated or hospitalized for respiratory distress from submersion or immersion in liquid for which the +entity, department, or +first responder provides services or investigates. After completion, the form shall be submitted to +the department and to +the local county health department. +Local county health departments shall send aggregated data quarterly to the department. +This form is not required for persons rescued and released who do not have signs or symptoms of respiratory distress. +(2) Based upon the forms received pursuant to paragraph (1), the department and each local county health department shall compile and distribute statistical information on those drownings and nonfatal drownings by posting that information on their Internet Web sites on an annual basis by February 1 of each year. +(c) The department shall make the form available on its Internet Web site in a manner that allows every city, county, and city and county to download the form and use it as their official form for purposes of subdivision (b). +(d) Notwithstanding subdivision (c), every city, county, and city and county may also affix its official logo to the form and its official contact information, including, but not limited to, telephone number, facsimile number, or electronic mail address. +(e) For purposes of this section, the following terms shall have the following meanings: +(1) “Department” means the State Department of Public Health. +(2) “Drowning” means the process of experiencing respiratory impairment from submersion or immersion in liquid. +(3) “First responder” +includes, but is not limited to, any entity that arranges for, or provides, emergency medical services within its boundaries, including lifeguards. +means an authorized registered nurse or mobile intensive care nurse, emergency medical technician-I, emergency medical technician-II, emergency medical technician-paramedic, lifeguard, firefighter, or peace officer, as defined or described by Section 1797.56, 1797.80, 1797.82, 1797.84, 1797.182, or 1797.183, respectively, or a physician and surgeon who provides prehospital emergency medical care or rescue services as an official member of a designated prehospital system. +(4) “Nonfatal drowning” means survival after drowning. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the State Department of Public Health in state government. Existing law vests within the department certain duties and powers to protect and preserve the public health. Existing law provides for the regulation of recreational water use, as specified, including, but not limited to, swimming pools and wave pools. +This bill would require the State Department of Public Health to create, by regulation, a submersion incident report form for the reporting of all statewide drownings or nonfatal drownings, as specified. The bill would require the form to be used and completed by every +local law enforcement entity, fire department, and any other +first responder, as defined, +within 72 hours +for every drowning or nonfatal drowning for which the +entity, department, or +first responder provides services or investigates and for which a person is treated or hospitalized for respiratory distress. The bill would require the form to be submitted to the +department and each +local county health department. +The bill would require local county health departments to send aggregated data quarterly to the department. +The bill would require the department and +those entities +each local county health department +to compile specified data from those forms and to post that data annually on their Internet Web sites. +By imposing additional duties on local entities, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Article 7 (commencing with Section 116090.5) to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, relating to public health." +479,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Toxic blooms of cyanobacteria in the waters of the state, including, but not limited to, coastal lakes, estuaries, rivers and streams, wetlands, and inland lakes and reservoirs, represent a threat to water supplies, human health, endangered wildlife, and recreational activities. +(b) Cyanobacteria are widespread bacteria that are capable of forming toxic blooms and super-blooms in the waters of the state. +(c) Degradation of watersheds, nutrient loading, increased water diversions, and climate change have been linked to the global expansion of cyanobacterial blooms, with high toxin production noted regularly in lakes, rivers, and other waters of the state. +(d) The state’s waters are especially prone to toxic cyanobacterial blooms due to our warm climate, numerous water diversions, and stressed waterways. +(e) Cyanobacteria produce potent hepatotoxins and neurotoxins, collectively referred to as cyanotoxins. Microcystins are the most commonly found cyanotoxin in the state’s impacted waters. Other cyanotoxins, such as the neurotoxins anatoxin-a and saxitoxin, are also present in California’s waters, but, at present, little is known about them. +(f) Cyanotoxins are poisonous to humans, pets, livestock, birds, and other wildlife via ingestion, inhalation, or skin exposure. A single dose of microcystin can cause prolonged toxicity by cycling repeatedly between the liver and intestines. +(g) Blooms of microcystins and other toxic cyanobacteria are occurring in waters throughout California, and are threatening our water supply and health. Areas with recurrent and worsening cyanotoxin pollution include the Klamath and Sacramento Rivers, the Sacramento and San Joaquin Rivers (from the Sacramento Delta to San Francisco Bay), and Clear Lake. Pinto Lake, Copco Lake, Iron Gate Reservoir, and three segments of the Klamath River have been listed as impaired due to cyanobacteria. Bird deaths attributed to microcystins have also been reported from the Salton Sea. +(h) The Pinto Lake watershed is being evaluated for total maximum daily load (TMDL) regulation for microcystin, and was considered for remediation as an Environmental Protection Agency “superfund” site. +(i) California’s southern sea otters, a state and federally listed threatened species, have died from microcystin poisoning. The source of sea otter exposure appears to be microcystin-contaminated freshwater runoff and possibly contaminated prey species. +(j) Sea otters and humans eat some of the same marine foods that can concentrate microcystin in body tissues; hence, food safety is a public health concern. Freshwater and marine fish and shellfish have not been routinely tested for cyanotoxins in California and limited diagnostic testing is available. +(k) The state needs a coordinated multiagency effort to develop actions and projects that will prevent or mitigate toxic blooms and associated cyanotoxin pollution. +SEC. 2. +Chapter 10 (commencing with Section 31420) is added to Division 21 of the Public Resources Code, to read: +CHAPTER 10. Safe Water and Wildlife Protection Act of 2016 +31420. +This chapter shall be known, and may be cited, as the Safe Water and Wildlife Protection Act of 2016. +31421. +For purposes of this chapter, the following terms have the following meanings: +(a) “Board” means the State Water Resources Control Board. +(b) “Task force” means the Algal Bloom Task Force created pursuant to Section 31422. +(c) “Waters of the state” means any surface waters in the state, including, but not limited to, coastal lakes, lagoons and estuaries, rivers, streams, inland lakes and reservoirs, wetlands, and marine waters. +31422. +(a) The board shall establish and coordinate the Algal Bloom Task Force, comprised of a representative of each of the State Department of Public Health, the Department of Fish and Wildlife, the Department of Food and Agriculture, the conservancy, and other relevant agency representatives, to be determined by the chairperson of the board, in consultation with the Secretary for Environmental Protection. The board may augment an existing task force or network to accomplish the requirements of this chapter. +(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. +31423. +The functions and duties of the task force include all of the following: +(a) Assess and prioritize the actions and research necessary to develop measures that prevent or sustainably mitigate toxic algal blooms in the waters of the state. The assessment shall consider the linked impacts of toxic algal blooms and cyanotoxins on human and animal health, as well as in the context of ecosystem health and water quality. +(b) Solicit and review proposals from universities, local governments, California Native American tribes, and nonprofit organizations for applied research, projects, and programs that accomplish both of the following: +(1) Contribute to development of strategies or implementation of activities that prevent or sustainably mitigate toxic blooms of cyanotoxins and microcystin pollution in the waters of the state. +(2) Establish cyanotoxin monitoring programs or develop laboratory capacity for analyzing water samples for cyanotoxin pollution. +(c) Provide funding recommendations to the chairperson of the board and to the Department of Fish and Wildlife, the Wildlife Conservation Board, the conservancy, other members of the task force, and other relevant agency representatives for those proposals for applied research, projects, and programs, described in subdivision (b), that the task force determines will contribute to the development of prevention strategies and sustainable mitigation actions to address toxic blooms of cyanotoxins and microcystin pollution in waters of the state. +(d) Review the risks and negative impacts of toxic algal blooms and microcystin pollution on humans, wildlife, fisheries, livestock, pets, and aquatic ecosystems, and develop recommendations for prevention and long-term mitigation. The task force shall submit a summary of its findings based on the review, including its recommendations to the appropriate policy and fiscal committees of the Legislature, the Secretary for Environmental Protection, and the Secretary of the Natural Resources Agency on or before January 1, +2017. +2018. +The recommendations shall provide guidance on what type of programs or state resources will be required to prevent damaging toxic algal blooms and microcystin pollution in the waters of the state over time. +(e) Organize meetings and workshops of experts and stakeholders as needed to implement this section. +(f) Before providing funding recommendations pursuant to subdivision (c), or submitting a summary of findings pursuant to subdivision (d), the task force shall establish a notification procedure and publish notices to inform the public about ongoing activities, and provide opportunities for public review and comment on applied research, projects, and programs solicited pursuant to subdivision (b). +(g) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. +31424. +The conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the board, or any of them, may enter into contracts and provide grants, upon appropriation, from funds available pursuant to Section 79730 of the Water Code or from other appropriate funds accessible by any of these departments and agencies for applied research, projects, and programs recommended by the task force pursuant to subdivision (c) of Section 31423.","Existing law establishes the State Coastal Conservancy and prescribes the membership and functions and duties of the conservancy with respect to preservation of coastal resources in the state. +This bill would enact the Safe Water and Wildlife Protection Act of 2016, which would require the State Water Resources Control Board to establish and coordinate the Algal Bloom Task Force, comprised of specified representatives of state agencies, including the conservancy, in consultation with the Secretary for Environmental Protection, and would prescribe the functions and duties of the task force. The bill would require the task force to review the risks and negative impacts of toxic algal blooms and microcystin pollution and to submit a summary of its findings and recommendations to the appropriate policy and fiscal committees of the Legislature, the Secretary of the Natural Resources Agency, and the secretary on or before January 1, +2017. +2018. +The act would require the task force, before providing funding recommendations or submitting a summary of findings, to notify the public about ongoing activities and provide opportunities for public review and comment on applied research, projects, and programs. The act would authorize the conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the State Water Resources Control Board to enter into contracts and provide grants, upon appropriation, from specified bond funds available under the Water Quality, Supply, and Infrastructure Improvement Act of 2014 or from other appropriate funds for applied research, projects, and programs, recommended by the task force, aimed at preventing or sustainably mitigating toxic blooms of cyanotoxins and microcystin pollution in the waters of the state.","An act to add Chapter 10 (commencing with Section 31420) to Division 21 of, and to repeal Sections 31422 and 31423 of, the Public Resources Code, relating to coastal wildlife protection." +480,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) prohibits sex discrimination in educational institutions, which includes discrimination against pregnant and parenting pupils. +(b) The federal regulations implementing Title IX of the Education Amendments of 1972 specify that sex discrimination includes discrimination against a pupil based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from childbirth-related conditions. +(c) The federal regulations implementing Title IX of the Education Amendments of 1972 require a pupil with temporary medical conditions occasioned by pregnancy or related to recovery from childbirth to be treated the same as any other pupil with a temporary disability. +(d) The Sex Equity in Education Act (Article 4 (commencing with Section 221.5) of Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code) prohibits sex discrimination in educational institutions, which includes discrimination against pregnant and parenting pupils. +(e) The regulations implementing the Sex Equity in Education Act prohibit educational institutions from applying any rule concerning a pupil’s actual or potential parental, family, or marital status that treats a pupil differently on the basis of sex. +(f) The Unruh Civil Rights Act (Section 51 of the Civil Code) prohibits businesses, including public schools, from discriminating based on sex, which includes discrimination on the basis of pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. +(g) Denial of accommodations to a pupil who chooses to breast-feed or express breast milk while at school is prohibited sex discrimination. +(h) Despite these laws, California schools are failing to accommodate the needs of lactating pupil parents on their campuses by providing them with reasonable time and private space to express breast milk, breast-feed infant children, or address other needs related to breast-feeding. +SEC. 2. +Section 222 is added to the Education Code, to read: +222. +(a) A school operated by a school district or a county office of education, the California School for the Deaf, the California School for the Blind, and a charter school shall provide reasonable accommodations to a lactating pupil on a school campus to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. Reasonable accommodations under this section include, but are not limited to, all of the following: +(1) Access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child. +(2) Permission to bring onto a school campus a breast pump and any other equipment used to express breast milk. +(3) Access to a power source for a breast pump or any other equipment used to express breast milk. +(4) Access to a place to store expressed breast milk safely. +(b) A lactating pupil on a school campus shall be provided a reasonable amount of time to accommodate her need to express breast milk or breast-feed an infant child. +(c) A school specified in subdivision (a) shall provide the reasonable accommodations specified in subdivisions (a) and (b) only if there is at least one lactating pupil on the school campus. +(d) A school subject to this section may use an existing facility to meet the requirements specified in subdivision (a). +(e) A pupil shall not incur an academic penalty as a result of her use, during the schoolday, of the reasonable accommodations specified in this section, and shall be provided the opportunity to make up any work missed due to such use. +(f) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. +(2) A local educational agency shall respond to a complaint filed pursuant to paragraph (1) in accordance with Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. +(3) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. +(4) If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires an employer to provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child. Existing law requires the employer to make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private. Existing law establishes the California School Age Families Education Program, which is a comprehensive, continuous, and community linked school-based program that focuses on youth development and dropout prevention for pregnant and parenting pupils and on child care and development services for their children. +Existing federal law requires an educational institution to treat pregnancy, childbirth, recovery from childbirth, and other specified conditions in the same manner and under the same policies as any other temporary disability. Existing law also prohibits discrimination on the basis of disability, gender, or other specified characteristics in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state financial aid. +This bill would require a school operated by a school district or a county office of education, the California School for the Deaf, the California School for the Blind, and a charter school to provide, only if there is at least one lactating pupil on the school campus, reasonable accommodations to a lactating pupil on a school campus to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. The bill would require that these reasonable accommodations include, but are not limited to, access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child, permission to bring onto a school campus any equipment used to express breast milk, access to a power source for that equipment, and access to a place to safely store expressed breast milk. The bill would also require that a lactating pupil on a school campus be given a reasonable amount of time to accommodate the need to express breast milk or breast-feed an infant child. The bill would prohibit a pupil from incurring an academic penalty as a result of her use, during the schoolday, of these reasonable accommodations. The bill would authorize a complaint of noncompliance with the requirements of the bill to be filed with the local educational agency, and would require the local educational agency to respond to such a complaint, in accordance with specified procedures. The bill would also authorize a complainant to appeal a decision of the local educational agency to the State Department of Education and would require the department to issue a written decision within 60 days of its receipt of the appeal. The bill would require a local educational agency to provide a remedy to the affected pupil if the local educational agency finds merit in a complaint or if the Superintendent of Public Instruction finds merit in an appeal. The bill would also include a statement of legislative findings and declarations. By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 222 to the Education Code, relating to pupil services." +481,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4030 of the Penal Code is amended to read: +4030. +(a) (1) The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout California. Consequently, some people have been arbitrarily subjected to unnecessary strip and body cavity searches after arrests for minor misdemeanor and infraction offenses. Some present search practices violate state and federal constitutional rights to privacy and freedom from unreasonable searches and seizures. +(2) It is the intent of the Legislature in enacting this section to protect the state and federal constitutional rights of the people of California by establishing a statewide policy strictly limiting strip and body cavity searches. +(b) The provisions of this section shall apply only to prearraignment detainees arrested for infraction or misdemeanor offenses and to any minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code alleged to have committed a misdemeanor or infraction offense. The provisions of this section shall not apply to a person in the custody of the Secretary of the Department of Corrections and Rehabilitation or the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation. +(c) As used in this section the following definitions shall apply: +(1) “Body cavity” only means the stomach or rectal cavity of a person, and vagina of a female person. +(2) “Physical body cavity search” means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity. +(3) “Strip search” means a search which requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of such person. +(4) “Visual body cavity search” means visual inspection of a body cavity. +(d) Notwithstanding any other law, including Section 40304.5 of the Vehicle Code, when a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell. +(e) A person arrested and held in custody on a misdemeanor or infraction offense, except those involving weapons, controlled substances, or violence, or a minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601 or 602 of the Welfare and Institutions Code, except for those minors alleged to have committed felonies or offenses involving weapons, controlled substances, or violence, shall not be subjected to a strip search or visual body cavity search prior to placement in the general jail population, unless a peace officer has determined there is reasonable suspicion, based on specific and articulable facts, to believe that person is concealing a weapon or contraband, and a strip search will result in the discovery of the weapon or contraband. A strip search or visual body cavity search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty. The authorization shall include the specific and articulable facts and circumstances upon which the reasonable suspicion determination was made by the supervisor. +(f) (1) Except pursuant to the provisions of paragraph (2), a person arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances, or violence, shall not be confined in the general jail population unless all of the following are true: +(A) The person is not cited and released. +(B) The person is not released on his or her own recognizance pursuant to Article 9 (commencing with Section 1318) of Chapter 1 of Title 10 of Part 2. +(C) The person is not able to post bail within a reasonable time, not less than three hours. +(2) A person shall not be housed in the general jail population prior to release pursuant to the provisions of paragraph (1) unless a documented emergency exists and there is no reasonable alternative to that placement. The person shall be placed in the general population only upon prior written authorization documenting the specific facts and circumstances of the emergency. The written authorization shall be signed by the uniformed supervisor of the facility or by a uniformed watch commander. A person confined in the general jail population pursuant to paragraph (1) shall retain all rights to release on citation, his or her own recognizance, or bail that were preempted as a consequence of the emergency. +(g) A person arrested on a misdemeanor or infraction offense, or a minor described in subdivision (b), shall not be subjected to a physical body cavity search except under the authority of a search warrant issued by a magistrate specifically authorizing the physical body cavity search. +(h) A copy of the prior written authorization required by subdivisions (e) and (f) and the search warrant required by subdivision (g) shall be placed in the agency’s records and made available, on request, to the person searched or his or her authorized representative. With regard to a strip search or visual or physical body cavity search, the time, date, and place of the search, the name and sex of the person conducting the search, and a statement of the results of the search, including a list of items removed from the person searched, shall be recorded in the agency’s records and made available, upon request, to the person searched or his or her authorized representative. +(i) Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched. +(j) A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II licensed to practice in this state. A physician engaged in providing health care to detainees and inmates of the facility may conduct physical body cavity searches. +(k) A person conducting or otherwise present or within sight of the inmate during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel. +(l) All strip, visual, and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted. +(m) A person who knowingly and willfully authorizes or conducts a strip search or visual or physical body cavity search in violation of this section is guilty of a misdemeanor. +(n) Nothing in this section shall be construed as limiting the common law or statutory rights of a person regarding an action for damages or injunctive relief, or as precluding the prosecution under another law of a peace officer or other person who has violated this section. +(o) Any person who suffers damage or harm as a result of a violation of this section may bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorney’s fees. +SEC. 2. +Section 4031 is added to the Penal Code, to read: +4031. +(a) This section applies to all minors detained in a juvenile detention center on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code, and all minors adjudged a ward of the court and held in a juvenile detention center on the grounds he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code. +(b) Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched. +(c) A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II licensed to practice in this state. A physician engaged in providing health care to detainees, wards, and inmates of the facility may conduct physical body cavity searches. +(d) A person conducting or otherwise present or within sight of the inmate during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel. +(e) All strip searches and visual and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted. +(f) A person who knowingly and willfully authorizes or conducts a strip searches and visual or physical body cavity search in violation of this section is guilty of a misdemeanor. +(g) Nothing in this section shall be construed as limiting the common law or statutory rights of a person regarding an action for damages or injunctive relief, or as precluding the prosecution under another law of a peace officer or other person who has violated this section. +(h) Any person who suffers damage or harm as a result of a violation of this section may bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorney’s fees. +(i) This section does not limit the protections granted by Section 4030 to individuals described in subdivision (b) of that section. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes a statewide policy strictly limiting strip and body cavity searches of prearraignment detainees arrested for infraction or misdemeanor offenses and of minors detained prior to a detention hearing on the grounds that he or she is alleged to have committed a misdemeanor or infraction offense. Existing law provides that if a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell. Existing law requires, among other things, that all persons conducting or otherwise present during a strip search or visual or physical body cavity search to be of the same sex as the person being searched, except for physicians or licensed medical personnel. Under existing law, a person who knowingly and willfully authorizes or conducts a strip, visual, or physical body cavity search in violation of the prescribed provisions is guilty of a misdemeanor. +This bill would additionally require that all persons within sight of the inmate during a strip search or visual or physical body cavity search be of the same sex as the person being searched, except for physicians or licensed medical personnel. The bill would extend the protections regarding the manner in which a strip search is conducted to all minors held in a juvenile detention facility. By expanding the definition of a crime, creating a new crime, and imposing additional requirements on local law enforcement, this bill would create a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to amend Section 4030 of, and to add Section 4031 to, the Penal Code, relating to searches." +482,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 245.5 of the Labor Code is amended to read: +245.5. +As used in this article: +(a) “Employee” does not include the following: +(1) An employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. +(2) An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, “employee in the construction industry” means an employee performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades. +(3) A provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code. +(4) An individual employed by an air carrier as a flight deck or cabin crew member that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C. Sec. 151 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246. +(5) An employee of the state, city, county, city and county, district, or any other public entity who is a recipient of a retirement allowance and employed without reinstatement into his or her respective retirement system pursuant to either Article 8 (commencing with Section 21220) of Chapter 12 of Part 3 of Division 5 of Title 2 of the Government Code, or Article 8 (commencing with Section 31680) of Chapter 3 of Part 3 of Division 4 of Title 3 of the Government Code. +(b) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. +(c) “Family member” means any of the following: +(1) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status. +(2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. +(3) A spouse. +(4) A registered domestic partner. +(5) A grandparent. +(6) A grandchild. +(7) A sibling. +(d) “Health care provider” has the same meaning as defined in paragraph (6) of subdivision (c) of Section 12945.2 of the Government Code. +(e) “Paid sick days” means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5. +SEC. 2. +Section 246 of the Labor Code is amended to read: +246. +(a) An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in this section. +(b) (1) An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this article, whichever is later, subject to the use and accrual limitations set forth in this section. +(2) An employee who is exempt from overtime requirements as an administrative, executive, or professional employee under a wage order of the Industrial Welfare Commission is deemed to work 40 hours per workweek for the purposes of this section, unless the employee’s normal workweek is less than 40 hours, in which case the employee shall accrue paid sick days based upon that normal workweek. +(3) An employer may use a different accrual method, other than providing one hour per every 30 hours worked, provided that the accrual is on a regular basis so that an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period. +(4) An employer may satisfy the accrual requirements of this section by providing not less than 24 hours or three days of paid sick leave that is available to the employee to use by the completion of his or her 120th calendar day of employment. +(c) An employee shall be entitled to use accrued paid sick days beginning on the 90th day of employment, after which day the employee may use paid sick days as they are accrued. +(d) Accrued paid sick days shall carry over to the following year of employment. However, an employer may limit an employee’s use of accrued paid sick days to 24 hours or three days in each year of employment, calendar year, or 12-month period. This section shall be satisfied and no accrual or carry over is required if the full amount of leave is received at the beginning of each year of employment, calendar year, or 12-month period. The term “full amount of leave” means three days or 24 hours. +(e) An employer is not required to provide additional paid sick days pursuant to this section if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave applicable to employees that may be used for the same purposes and under the same conditions as specified in this section, and the policy satisfies one of the following: +(1) Satisfies the accrual, carry over, and use requirements of this section. +(2) Provided paid sick leave or paid time off to a class of employees before January 1, 2015, pursuant to a sick leave policy or paid time off policy that used an accrual method different than providing one hour per 30 hours worked, provided that the accrual is on a regular basis so that an employee, including an employee hired into that class after January 1, 2015, has no less than one day or eight hours of accrued sick leave or paid time off within three months of employment of each calendar year, or each 12-month period, and the employee was eligible to earn at least three days or 24 hours of sick leave or paid time off within nine months of employment. If an employer modifies the accrual method used in the policy it had in place prior to January 1, 2015, the employer shall comply with any accrual method set forth in subdivision (b) or provide the full amount of leave at the beginning of each year of employment, calendar year, or 12-month period. This section does not prohibit the employer from increasing the accrual amount or rate for a class of employees covered by this subdivision. +(3) Notwithstanding any other law, sick leave benefits provided pursuant to the provisions of Sections 19859 to 19868.3, inclusive, of the Government Code, or annual leave benefits provided pursuant to the provisions of Sections 19858.3 to 19858.7, inclusive, of the Government Code, or by provisions of a memorandum of understanding reached pursuant to Section 3517.5 that incorporate or supersede provisions of Section 19859 to 19868.3, inclusive, or Sections 19858.3 to 19858.7, inclusive of the Government Code, meet the requirements of this section. +(f) (1) Except as specified in paragraph (2), an employer is not required to provide compensation to an employee for accrued, unused paid sick days upon termination, resignation, retirement, or other separation from employment. +(2) If an employee separates from an employer and is rehired by the employer within one year from the date of separation, previously accrued and unused paid sick days shall be reinstated. The employee shall be entitled to use those previously accrued and unused paid sick days and to accrue additional paid sick days upon rehiring, subject to the use and accrual limitations set forth in this section. An employer is not required to reinstate accrued paid time off to an employee that was paid out at the time of termination, resignation, or separation of employment. +(g) An employer may lend paid sick days to an employee in advance of accrual, at the employer’s discretion and with proper documentation. +(h) An employer shall provide an employee with written notice that sets forth the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, for use on either the employee’s itemized wage statement described in Section 226 or in a separate writing provided on the designated pay date with the employee’s payment of wages. If an employer provides unlimited paid sick leave or unlimited paid time off to an employee, the employer may satisfy this section by indicating on the notice or the employee’s itemized wage statement “unlimited.” The penalties described in this article for a violation of this subdivision shall be in lieu of the penalties for a violation of Section 226. This subdivision shall apply to employers covered by Wage Order 11 or 12 of the Industrial Welfare Commission only on and after January 21, 2016. +(i) An employer has no obligation under this section to allow an employee’s total accrual of paid sick leave to exceed 48 hours or 6 days, provided that an employee’s rights to accrue and use paid sick leave are not limited other than as allowed under this section. +(j) An employee may determine how much paid sick leave he or she needs to use, provided that an employer may set a reasonable minimum increment, not to exceed two hours, for the use of paid sick leave. +(k) For the purposes of this section, an employer shall calculate paid sick leave using any of the following calculations: +(1) Paid sick time for nonexempt employees shall be calculated in the same manner as the regular rate of pay for the workweek in which the employee uses paid sick time, whether or not the employee actually works overtime in that workweek. +(2) Paid sick time for nonexempt employees shall be calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment. +(3) Paid sick time for exempt employees shall be calculated in the same manner as the employer calculates wages for other forms of paid leave time. +(l) If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. +(m) An employer shall provide payment for sick leave taken by an employee no later than the payday for the next regular payroll period after the sick leave was taken. +SEC. 3. +Section 247.5 of the Labor Code is amended to read: +247.5. +(a) An employer shall keep for at least three years records documenting the hours worked and paid sick days accrued and used by an employee, and shall allow the Labor Commissioner to access these records pursuant to the requirements set forth in Section 1174. An employer shall make these records available to an employee in the same manner as described in Section 226. If an employer does not maintain adequate records pursuant to this section, it shall be presumed that the employee is entitled to the maximum number of hours accruable under this article, unless the employer can show otherwise by clear and convincing evidence. +(b) Notwithstanding any other provision of this article, an employer is not obligated to inquire into or record the purposes for which an employee uses paid leave or paid time off. +SEC. 4. +The provisions of this measure are severable. If any provision of this measure or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. +SEC. 5. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to clarify provisions of Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, for the purposes of ensuring an effective and smooth implementation of the Healthy Workplaces, Healthy Families Act of 2014, it is necessary that this act take effect immediately.","(1) The Healthy Workplaces, Healthy Families Act of 2014 provides, among other things, that an employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days for prescribed purposes, to be accrued at a rate of no less than one hour for every 30 hours worked. +This bill would require that the employee do that work for the same employer in order to qualify for accrued sick leave under these provisions. This bill would exclude a retired annuitant of a public entity, as specified, from the definition of employee under these provisions. +The bill would authorize an employer to provide for employee sick leave accrual on a basis other than one hour for each 30 hours worked, provided that the accrual is on a regular basis and the employee will have 24 hours of accrued sick leave available by the 120th calendar day of employment. +(2) Existing law entitles an employee to use accrued paid sick days beginning on the 90th day of employment. Existing law permits an employer to limit an employee’s use of paid sick days to 24 hours or 3 days in each year of employment. Existing law requires an employer to provide an employee with written notice of the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, as specified. Existing law provides that an employer is not required to provide additional paid sick days if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave for specified uses, and the policy either satisfies specified accrual, carry over, and use requirements or provides no less than 24 hours or 3 days of paid sick leave for each year of employment or calendar year or 12-month basis. +This bill would authorize an employer to limit an employee’s use of paid sick days to 24 hours or 3 days in each year of employment, a calendar year, or a 12-month period. This bill would, for specified industries, delay the application of the notice requirement. The bill would permit an employer who provides unlimited sick leave to its employees to satisfy notice requirements by indicating “unlimited” on the employee’s itemized wage statement. The bill would require an employer to calculate paid sick leave based upon an employee’s regular rate of pay, total wages divided by total hours worked in a 90-day period, or the wages for other forms of paid leave, as specified. The bill would provide that an employer is not required to reinstate accrued paid time off to an employee, rehired within one year of separation from employment, that was paid out at the time of termination, resignation, or separation. The bill would provide that an employer is not required to provide additional paid sick days if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave applicable to employees for specified uses, and the policy satisfies specified accrual, carry over, and use requirements, or that provided paid sick leave or paid time off to employees before January 1, 2015, as specified, or that are provided pursuant to specified provisions of law or of a memorandum understanding that meet the requirements of these provisions. +(3) Existing law requires an employer to keep records for three years documenting the hours worked and paid sick days accrued and used by an employee and to make those records available to the Labor Commissioner upon request. +This bill would provide that the employer has no obligation to inquire into or record the purposes for which an employee uses sick leave or paid time off. +(4) The bill would specify that its provisions are severable and would also make technical and conforming changes. +(5) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 245.5, 246, and 247.5 of the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately." +483,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 21168.6.7 is added to the Public Resources Code, to read: +21168.6.7. +(a) For the purposes of this section “water storage project” means a project described in +subdivision (a) of +Section 79751 of the Water Code and funded, in whole or in part, with proceeds of bonds sold pursuant to the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Division 26.7 (commencing with Section 79700) of the Water Code). +(b) Notwithstanding any other law, the procedures established pursuant to subdivision (c) shall apply to an action or proceeding brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water storage project or the granting of any approvals for a water storage project. +(c) On or before July 1, 2016, the Judicial Council shall adopt a rule of court to establish procedures applicable to actions or proceedings brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water storage project or the granting of any project approvals that require the actions or proceedings, including any potential appeals therefrom, be resolved, to the extent feasible, within +270 +370 +days of certification of the record of proceedings pursuant to subdivision (e). +(d) (1) The draft and final environmental impact report for a water storage project shall include a notice in not less than 12-point type stating the following: +THIS EIR IS SUBJECT TO SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR. +(2) The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section. +(3) Within 10 days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that report. +(4) Within 10 days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report. +(5) (A) Within five days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation. The lead agency and applicant shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 days after the close of the public comment period. +(B) A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated. +(C) The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years experience in land use and environmental law or science, or mediation. The applicant shall bear the costs of mediation. +(D) A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute. +(E) The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency, the applicant, and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this subparagraph shall not raise the issue addressed by that measure as a basis for an action or proceeding challenging the lead agency’s decision to certify the environmental impact report or to grant one or more initial project approvals. +(6) The lead agency need not consider written or oral comments submitted after the close of the public comment period, unless those comments address any of the following: +(A) New issues raised in the response to comments by the lead agency. +(B) New information released by the public agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents. +(C) Changes made to the project after the close of the public comment period. +(D) Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting and monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, where the lead agency releases those documents subsequent to the release of the draft environmental impact report. +(E) New information that was not reasonably known and could not have been reasonably known during the public comment period. +(7) The lead agency shall file the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152 within five days after the last initial project approval. +(e) (1) The lead agency may prepare and certify the record of the proceedings in accordance with this subdivision and in accordance with Rule 3.1365 of the California Rules of Court. The applicant shall pay the lead agency for all costs of preparing and certifying the record of proceedings. +(2) No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to or relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared or received by the lead agency. +(3) Notwithstanding paragraph (2), documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index shall specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review. +(4) The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make those comments available to the public in a readily accessible electronic format within five days of its receipt. +(5) Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format. +(6) The lead agency shall indicate in the record of the proceedings comments received that were not considered by the lead agency pursuant to paragraph (6) of subdivision (d) and need not include the content of the comments as a part of the record. +(7) Within five days after the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152, the lead agency shall certify the record of the proceedings for the approval or determination and shall provide an electronic copy of the record to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy. +(8) Within 10 days after being served with a complaint or a petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court. +(9) Any dispute over the content of the record of the proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record shall file a motion to augment the record at the time it files its initial brief. +(10) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6. +(f) Subdivisions (d) and (e) do not apply to a project for which an environmental review pursuant to this division has commenced on or before December 31, 2015. +(g) (1) (A) In granting relief in an action or proceeding brought pursuant to this division, the court shall not stay or enjoin the construction or operation of a water storage project unless the court finds either of the following: +(i) The continued construction or operation of the water storage project presents an imminent threat to the public health and safety. +(ii) The water storage project site contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continued construction or operation of the water storage project unless the court stays or enjoins the construction or operation of the water storage project. +(B) If the court finds that clause (i) or (ii) of subparagraph (A) is satisfied, the court shall only enjoin those specific activities associated with the water storage project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values. +(2) An action or proceeding to attack, set aside, void, or annul a determination, finding, or decision of the lead agency granting a subsequent project approval shall be subject to the requirements of this chapter. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA and a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency’s action on the grounds of noncompliance with CEQA. +The Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1), approved by the voters on the November 4, 2014, statewide general election, authorizes the issuance of bonds in the amount of $7,120,000,000 pursuant to the State General Obligation Bond Law to finance a water quality, supply, and infrastructure improvement program. +This bill would require the public agency, in certifying the environmental impact report and in granting approvals for specified water storage projects funded, in whole or in part, by Proposition 1, to comply with specified procedures. Because a public agency would be required to comply with those new procedures, this bill would impose a state-mandated local program. The bill would authorize the public agency to concurrently prepare the record of proceedings for the project. The bill would require the Judicial Council, on or before July 1, 2016, to adopt a rule of court to establish procedures applicable to actions or proceedings seeking judicial review of a public agency’s action in certifying the environmental impact report and in granting project approval for those projects that require the actions or proceedings, including any appeals therefrom, be resolved, to the extent feasible, within +270 +370 +days of the certification of the record of proceedings. The bill would prohibit a court from staying or enjoining those projects unless it makes specified findings. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 21168.6.7 to the Public Resources Code, relating to environmental quality." +484,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4830 of the Business and Professions Code is amended to read: +4830. +(a) This chapter does not apply to: +(1) Veterinarians while serving in any armed branch of the military service of the United States or the United States Department of Agriculture while actually engaged and employed in their official capacity. +(2) Regularly licensed veterinarians in actual consultation from other states. +(3) Regularly licensed veterinarians actually called from other states to attend cases in this state, but who do not open an office or appoint a place to do business within this state. +(4) Veterinarians employed by the University of California while engaged in the performance of duties in connection with the College of Agriculture, the Agricultural Experiment Station, the School of Veterinary Medicine, or the agricultural extension work of the university or employed by the Western University of Health Sciences while engaged in the performance of duties in connection with the College of Veterinary Medicine or the agricultural extension work of the university. +(5) Students in the School of Veterinary Medicine of the University of California or the College of Veterinary Medicine of the Western University of Health Sciences who participate in diagnosis and treatment as part of their educational experience, including those in off-campus educational programs under the direct supervision of a licensed veterinarian in good standing, as defined in paragraph (1) of subdivision (b) of Section 4848, appointed by the University of California, Davis, or the Western University of Health Sciences. +(6) A veterinarian who is employed by the Meat and Poultry Inspection Branch of the California Department of Food and Agriculture while actually engaged and employed in his or her official capacity. A person exempt under this paragraph shall not otherwise engage in the practice of veterinary medicine unless he or she is issued a license by the board. +(7) Unlicensed personnel employed by the Department of Food and Agriculture or the United States Department of Agriculture when in the course of their duties they are directed by a veterinarian supervisor to conduct an examination, obtain biological specimens, apply biological tests, or administer medications or biological products as part of government disease or condition monitoring, investigation, control, or eradication activities. +(b) (1) For purposes of paragraph (3) of subdivision (a), a regularly licensed veterinarian in good standing who is called from another state by a law enforcement agency or animal control agency, as defined in Section 31606 of the Food and Agricultural Code, to attend to cases that are a part of an investigation of an alleged violation of federal or state animal fighting or animal cruelty laws within a single geographic location shall be exempt from the licensing requirements of this chapter if the law enforcement agency or animal control agency determines that it is necessary to call the veterinarian in order for the agency or officer to conduct the investigation in a timely, efficient, and effective manner. In determining whether it is necessary to call a veterinarian from another state, consideration shall be given to the availability of veterinarians in this state to attend to these cases. An agency, department, or officer that calls a veterinarian pursuant to this subdivision shall notify the board of the investigation. +(2) Notwithstanding any other provision of this chapter, a regularly licensed veterinarian in good standing who is called from another state to attend to cases that are a part of an investigation described in paragraph (1) may provide veterinary medical care for animals that are affected by the investigation with a temporary shelter facility, and the temporary shelter facility shall be exempt from the registration requirement of Section 4853 if all of the following conditions are met: +(A) The temporary shelter facility is established only for the purpose of the investigation. +(B) The temporary shelter facility provides veterinary medical care, shelter, food, and water only to animals that are affected by the investigation. +(C) The temporary shelter facility complies with Section 4854. +(D) The temporary shelter facility exists for not more than 60 days, unless the law enforcement agency or animal control agency determines that a longer period of time is necessary to complete the investigation. +(E) Within 30 calendar days upon completion of the provision of veterinary health care services at a temporary shelter facility established pursuant to this section, the veterinarian called from another state by a law enforcement agency or animal control agency to attend to a case shall file a report with the board. The report shall contain the date, place, type, and general description of the care provided, along with a listing of the veterinary health care practitioners who participated in providing that care. +(c) For purposes of paragraph (3) of subdivision (a), the board may inspect temporary facilities established pursuant to this section.","Under existing law, the Veterinary Medicine Practice Act, the Veterinary Medical Board licenses and regulates veterinarians and the practice of veterinary medicine. It is unlawful for any person to practice veterinary medicine in this state unless he or she holds a valid, unexpired, and unrevoked license issued by the board, except under specified circumstances, including when regularly licensed veterinarians are actually called from other states to attend cases in this state and do not open an office or appoint a place to do business within the state. +This bill would further specify, for purposes of that provision, that a regularly licensed veterinarian in good standing who is called from another state by a law enforcement agency or animal control agency to attend to cases that are a part of an investigation of an alleged violation of federal or state animal fighting or animal cruelty laws within a single geographic location shall be exempt from specified licensing requirements if the agency determines that it is necessary to call the veterinarian in order to conduct the investigation, as specified. The bill would require an agency, department, or officer that calls a veterinarian pursuant to these provisions to notify the board of the investigation. The bill would also authorize a veterinarian who is called from another state to care for animals that are affected by an investigation with a temporary shelter facility established only for the purpose of the investigation, which would be exempt from specified registration requirements if it meets specified conditions.","An act to amend Section 4830 of the Business and Professions Code, relating to veterinarians." +485,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2080.1 of the Civil Code is amended to read: +2080.1. +(a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff’s department of the county if found outside of city limits, or to the public transit agency if found on a vehicle of public conveyance or on the public transit agency property, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state: +(1) From what and how it was saved. +(2) Whether the owner of the property is known to the affiant. +(3) That the affiant has not secreted, withheld, or disposed of any part of the property. +(b) The police department or the sheriff’s department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff’s department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property. +(c) If the personal property is found or saved on a vehicle of public conveyance or on property belonging to a public transit agency, the public transit agency shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The public transit agency may require payment by the owner of a reasonable charge to defray the costs of storage and care of the property. +(d) This section shall only remain in effect until December 31, 2020, and as of that date is repealed. +SEC. 2. +Section 2080.1 is added to the Civil Code, to read: +2080.1. +(a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff’s department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state: +(1) From what and how it was saved. +(2) Whether the owner of the property is known to the affiant. +(3) That the affiant has not secreted, withheld, or disposed of any part of the property. +(b) The police department or the sheriff’s department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff’s department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property. +(c) This section shall become operative on January 1, 2021. +SEC. 3. +Section 2080.2 of the Civil Code is amended to read: +2080.2. +(a) If the owner appears within 90 days, after receipt of the property by the police department or sheriff’s department, proves his or her ownership of the property, and pays all reasonable charges, the police department or sheriff’s department shall restore the property to him or her. +(b) If the owner appears within 90 days after receipt of the property by a public transit agency, proves his or her ownership of the property, and pays all reasonable charges, the public transit agency shall restore the property to him or her. +(c) This section shall only remain in effect until December 31, 2020, and as of that date is repealed. +SEC. 4. +Section 2080.2 is added to the Civil Code, to read: +2080.2. +(a) If the owner appears within 90 days after receipt of the property by the police department or sheriff’s department, proves his or her ownership of the property, and pays all reasonable charges, the police department or sheriff’s department shall restore the property to him or her. +(b) This section shall become operative on January 1, 2021. +SEC. 5. +Section 2080.3 of the Civil Code is amended to read: +2080.3. +(a) If the reported value of the property is two hundred fifty dollars ($250) or more and no owner appears and proves his or her ownership of the property within 90 days, the police department, sheriff’s department, or public transit agency shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves his or her ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the cost of publication is first paid to the city, county, or city and county whose police or sheriff’s department or public transit agency caused the notice to be published. +(b) If the reported value of the property is less than two hundred fifty dollars ($250) and no owner appears and proves his or her ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. +(c) This section shall only remain in effect until December 31, 2020, and as of that date is repealed. +SEC. 6. +Section 2080.3 is added to the Civil Code, to read: +2080.3. +(a) If the reported value of the property is two hundred fifty dollars ($250) or more and no owner appears and proves his or her ownership of the property within 90 days, the police department or sheriff’s department shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves his or her ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the cost of publication is first paid to the city, county, or city and county whose police or sheriff’s department caused the notice to be published. +(b) If the reported value of the property is less than two hundred fifty dollars ($250) and no owner appears and proves his or her ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. +(c) This section shall become operative on January 1, 2021. +SEC. 7. +Section 2080.9 is added to the Civil Code, to read: +2080.9. +Notwithstanding any other law, all of the following shall apply with +As an alternative to the unclaimed property procedures in Sections 2080.1 to 2080.3, inclusive, a transit agency may elect to utilize all of the following procedures with +respect to a lost or unclaimed bicycle turned in to or held by +a +that +public transit agency: +(a) If the owner of a bicycle appears within 45 days after receipt of that bicycle by a public transit agency, proves his or her ownership of the bicycle, and pays all reasonable charges, the public transit agency shall restore the bicycle to him or her. +(b) (1) If the bicycle remains unclaimed after 45 days, the public transit agency may dispose of the unclaimed bicycle by sale at public auction to the highest bidder. +(2) The public transit agency shall give notice of the sale at least five days before the time fixed for the sale by publication in a newspaper of general circulation published in the county in which the bicycle was found. +(3) Any bicycles remaining unsold after being offered for sale at the public auction may be destroyed or otherwise disposed of by the public transit agency. +(c) (1) Notwithstanding subdivision (b), a public transit agency may donate bicycles unclaimed after 45 days to a charitable organization if both of the following conditions are met: +(A) The board of the public transit agency holds a public hearing to determine the charitable organization that will receive a donated bicycle. +(B) The public transit agency provides notice, at least five days before the time fixed for the donation, by publication in a newspaper of general circulation published in the county in which the public transit agency operates. The notice shall identify the time period during which the bicycles to be donated were found or saved by the public transit agency, the name of the charity receiving the donation, the date of the donation, and where unclaimed bicycles may be claimed prior to the date of the donation. +(2) The public transit agency shall not donate unclaimed bicycles more than two times per calendar year and the number of bicycles donated shall not exceed 25 percent of the total number of lost or unclaimed bicycles found or saved by the public transit agency during the prior six months. +(d) (1) Any public transit agency that donates unclaimed bicycles to a charitable organization pursuant to this section shall submit to the Assembly and Senate Committees on Judiciary, on or before January 1, 2020, a report that details, for each of the four preceding calendar years, the following information: +(A) The total number of bicycles received. +(B) The total number of bicycles claimed by an owner within 45 days. +(C) The average number of days of storage for each bicycle successfully claimed. +(D) The total number of bicycles donated to a charitable organization. +(E) The names of all charitable organizations that received donated bicycles and the number of bicycles donated to each of those organizations. +(F) The total number of bicycles offered at public auction or sale. +(G) The average selling price of each bicycle sold at public auction or sale. +(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. +(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. +SEC. 8. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires a person who finds and takes possession of property that is lost to try and return it to the rightful owner. If the owner of the lost property cannot be determined and the item is worth $100 or more, the finder is required to turn the item over to the police or sheriff, as specified. Existing law provides 90 days for the owner to return and claim the property and to pay any reasonable fee for its bailment. Existing law requires, if the reported value of the property is $250 or more and the owner does not return and claim the property, the police or the sheriff to cause notice of the property to be published, as provided. +This bill, until December 31, 2020, would provide that if that lost property is found on a vehicle of public conveyance or on public transit property, that it instead be turned in to the public transit agency, and would provide 90 days for the owner to return and claim the property, as specified. The bill, until December 31, 2020, also would require the public transit agency to cause notice of the property to be published under the circumstances described above. The bill, until January 1, 2021, would +require specified +authorize a transit agency to utilize alternate unclaimed property +procedures +to be followed +with respect to lost or unclaimed bicycles turned in to or held by +a +that +public transit agency. +Because this bill would impose new requirements on local transportation agencies, it would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend, repeal, and add Sections 2080.1, 2080.2, and 2080.3 of, and to add and repeal Section 2080.9 of, the Civil Code, relating to lost and unclaimed property." +486,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 49413 of the +Education Code +is amended to read: +49413. +(a)(1)The Legislature finds and declares all of the following: +(A)Sudden cardiac arrest is the leading cause of death in the United States. +(B)Less than 8 percent of people who suffer cardiac arrest outside the hospital survive. +(C)Effective bystander cardiopulmonary resuscitation (CPR) provided immediately after sudden cardiac arrest can double or triple a victim’s chance of survival, but only 32 percent of cardiac arrest victims get CPR from a bystander. +(2)In enacting this section, it is the intent of the Legislature to save lives by giving high school pupils the opportunity to develop psychomotor CPR skills. +(b)A school district or school, individually or jointly with another school district or school, shall provide a comprehensive program in first aid and CPR training to pupils and employees. The program shall be developed using the following guidelines: +(1)The school district or school collaborates with existing local resources, including, but not limited to, parent teacher associations, hospitals, school nurses, fire departments, and other local agencies that promote safety, to make first aid and CPR training available to the pupils and employees of the school district or school. +(2)Each school district that develops a program, or the school district that has jurisdiction over a school that develops a program, compiles a list of resources for CPR information, to be distributed to all of the schools in the district. +(3)The first aid and CPR training are based on standards that are at least equivalent to the standards currently used by the American Red Cross or the American Heart Association. +SEC. 2. +SECTION 1. +Section 51202 of the Education Code is amended to read: +51202. +The adopted course of study shall provide instruction at the appropriate elementary and secondary grade levels and subject areas in personal and public safety and accident prevention, including emergency first aid instruction, instruction in hemorrhage control, treatment for poisoning, resuscitation techniques, and cardiopulmonary resuscitation when appropriate equipment is available or when required pursuant to Section 51225.6; fire prevention; the protection and conservation of resources, including the necessity for the protection of our environment; and health, including venereal disease and the effects of alcohol, narcotics, drugs, and tobacco upon the human body. The health instruction may include prenatal care for pregnant women and violence as a public health issue. +SEC. 3. +SEC. 2. +Section 51225.6 is added to the Education Code, to read: +51225.6. +(a) +The +Commencing with the 2017–18 academic year, the +governing board of a school district, and the governing body of a charter school, offering instruction to pupils in grades 9 to 12, inclusive, shall provide instruction in performing cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED) as part of a physical education course or another course required for +graduation. +graduation pursuant to paragraph (1) of subdivision (a) Section 51225.3, or a course required by the local governing board of a school district for graduation pursuant to paragraph (2) of subdivision (a) Section 51225.3. +This instruction shall include all of the following: +(1) An instructional program developed by the American Heart Association or the American Red Cross, or an instructional program that is nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for the performance of CPR and the use of an AED. +(2) Training for pupils relative to the psychomotor skills necessary to perform CPR. For purposes of this paragraph, “psychomotor skills” means skills that pupils are required to perform as hands-on practice to support cognitive learning. +Pupils receiving online instruction to satisfy the requirements of this section shall not be required to perform hands-on practice. +(3) General information on the use and importance of an AED. The physical presence of an AED in the classroom is not required. +(b) Except as specified in subparagraph (B) of paragraph (5), instruction required pursuant to this section may be provided by a person who is certified in CPR and who is any of the following: +(1) A health care provider licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, the Osteopathic Initiative Act, as set forth in Chapter 8 (commencing with Section 3600) of Division 2 of the Business and Professions Code, or the Chiropractic Initiative Act, as set forth in Chapter 2 (commencing with Section 1000) of Division 2 of the Business and Professions Code. +(2) A person certified pursuant to the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (Division 2.5 (commencing with Section 1797) of the Health and Safety Code). +(3) A peace officer, as defined in Section 830 of the Penal Code. +(4) A firefighter, defined as any regularly employed and paid officer, employee, or member of a fire department or fire protection or firefighting agency of the State of California, a city, a county, a city and county, a district, or other public or municipal corporation or political subdivision of this state or member of an emergency reserve unit of a volunteer fire department or fire protection district. +(5) (A) A teacher. +(B) A teacher shall not be required to be certified in CPR to facilitate, provide, or oversee instruction pursuant to this section for training that does not provide CPR certification. +(6) An instructor certified to teach CPR by the American Red Cross or the American Heart Association, or an instructor certified to teach an instructional program that is nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for the performance of CPR and the use of an AED. +(c) If it is in accordance with the laws, rules, or regulations governing his or her profession, a person who provides instruction pursuant to subdivision (b) may apply the hours spent performing instruction toward fulfilling professional requirements for performing community service. +(d) The governing board of a school district or the governing body of a charter school may adopt regulations to implement this section. +SEC. 4. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law authorizes a school district or school to provide a comprehensive program in first aid or cardiopulmonary resuscitation training, or both, to pupils and employees in accordance with specified guidelines. +This bill would instead require a school district or school to provide a comprehensive program in first aid and cardiopulmonary resuscitation training to pupils and employees in accordance with specified guidelines, thereby imposing a state-mandated local program. +Existing law establishes a list of courses that a pupil in a school district is required to complete in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school, including 2 courses in physical education unless exempted. +This bill would +require +require, commencing with the 2017–18 academic year, +the governing board of a school district, and the governing body of a charter school, offering instruction to pupils in grades 9 to 12, inclusive, to provide instruction on performing cardiopulmonary resuscitation and the use of an automated external defibrillator as part of a physical education course or another course required for graduation, as provided. The bill would also make conforming changes to a related code section. By imposing additional requirements on school districts and charter schools, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend +Sections 49413 and +Section +51202 of, and to add Section 51225.6 to, the Education Code, relating to pupil instruction." +487,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17941 of the Revenue and Taxation Code is amended to read: +17941. +(a) For each taxable year beginning on or after January 1, 1997, a limited liability company doing business in this state (as defined in Section 23101) shall pay annually to this state a tax for the privilege of doing business in this state in an amount equal to the applicable amount specified in +paragraph (1) of +subdivision (d) of Section 23153 for the taxable year. +(b) (1) In addition to any limited liability company that is doing business in this state and is therefore subject to the tax imposed by subdivision (a), for each taxable year beginning on or after January 1, 1997, a limited liability company shall pay annually the tax prescribed in subdivision (a) if articles of organization have been accepted, or a certificate of registration has been issued, by the office of the Secretary of State. The tax shall be paid for each taxable year, or part thereof, until a certificate of cancellation of registration or of articles of organization is filed on behalf of the limited liability company with the office of the Secretary of State. +(2) If a taxpayer files a return with the Franchise Tax Board that is designated as its final return, the Franchise Tax Board shall notify the taxpayer that the annual tax shall continue to be due annually until a certificate of dissolution is filed with the Secretary of State pursuant to Section 17707.08 of the Corporations Code or a certificate of cancellation is filed with the Secretary of State pursuant to Section 17708.06 of the Corporations Code. +(c) The tax assessed under this section shall be due and payable on or before the 15th day of the fourth month of the taxable year. +(d) For purposes of this section, “limited liability company” means an organization, other than a limited liability company that is exempt from the tax and fees imposed under this chapter pursuant to Section 23701h or +Section +23701x, that is formed by one or more persons under the law of this state, any other country, or any other state, as a “limited liability company” and that is not taxable as a corporation for California tax purposes. +(e) Notwithstanding anything in this section to the contrary, if the office of the Secretary of State files a certificate of cancellation pursuant to Section 17707.02 of the Corporations Code for any limited liability company, then paragraph (1) of subdivision (f) of Section 23153 shall apply to that limited liability company as if the limited liability company were properly treated as a corporation for that limited purpose only, and paragraph (2) of subdivision (f) of Section 23153 shall not apply. Nothing in this subdivision entitles a limited liability company to receive a reimbursement for any annual taxes or fees already paid. +(f) (1) Notwithstanding any provision of this section to the contrary, a limited liability company that is a small business solely owned by a deployed member of the United States Armed Forces shall not be subject to the tax imposed under this section for any taxable year the owner is deployed and the limited liability company operates at a loss or ceases operation. +(2) The Franchise Tax Board may promulgate regulations as necessary or appropriate to carry out the purposes of this subdivision, including a definition for “ceases operation.” +(3) For the purposes of this subdivision, all of the following definitions apply: +(A) “Deployed” means being called to active duty or active service during a period when a Presidential Executive order specifies that the United States is engaged in combat or homeland defense. “Deployed” does not include either of the following: +(i) Temporary duty for the sole purpose of training or processing. +(ii) A permanent change of station. +(B) “Operates at a loss” means a limited liability company’s expenses exceed its receipts. +(C) “Small business” means a limited liability company with total income from all sources derived from, or attributable, to the state of two hundred fifty thousand dollars ($250,000) or less. +(4) This subdivision shall become inoperative for taxable years beginning on or after January 1, 2018. +(g) (1) Notwithstanding subdivision (a) or (b), for taxable years beginning on or after January 1, 2016, a limited liability company that is a new veteran-owned small business shall not be subject to the tax imposed by this section for its first three taxable years. +(2) For purposes of this subdivision: +(A) “New veteran-owned small business” means a veteran-owned limited liability company that is formed under the laws of this state or has qualified to transact intrastate business in this state that begins business operations at or after the time of its formation, and that has a total income derived from, or attributable to, the state of two hundred fifty thousand dollars ($250,000) or less. “New veteran-owned small business” does not include any limited liability company that began business operations as a sole proprietorship, a partnership, a corporation, or any other form of business entity prior to its formation. +(B) “Veteran” means an individual honorably discharged from the Armed Forces of the United States. +(C) “Veteran-owned limited liability company” means a limited liability company in which more than 50 percent of the membership interest is owned by one or more veterans. +(3) This subdivision shall not apply to any limited liability company that reorganizes solely for the purpose of reducing its tax imposed under this section. +SEC. 2. +Section 23153 of the Revenue and Taxation Code is amended to read: +23153. +(a) Every corporation described in subdivision (b) shall be subject to the minimum franchise tax specified in subdivision (d) from the earlier of the date of incorporation, qualification, or commencing to do business within this state, until the effective date of dissolution or withdrawal as provided in Section 23331 or, if later, the date the corporation ceases to do business within the limits of this state. +(b) Unless expressly exempted by this part or the California Constitution, subdivision (a) shall apply to each of the following: +(1) Every corporation that is incorporated under the laws of this state. +(2) Every corporation that is qualified to transact intrastate business in this state pursuant to Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code. +(3) Every corporation that is doing business in this state. +(c) The following entities are not subject to the minimum franchise tax specified in this section: +(1) Credit unions. +(2) Nonprofit cooperative associations organized pursuant to Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code that have been issued the certificate of the board of supervisors prepared pursuant to Section 54042 of the Food and Agricultural Code. The association shall be exempt from the minimum franchise tax for five consecutive taxable years, commencing with the first taxable year for which the certificate is issued pursuant to subdivision (b) of Section 54042 of the Food and Agricultural Code. This paragraph only applies to nonprofit cooperative associations organized on or after January 1, 1994. +(d) (1) Except as provided in paragraph (2), paragraph (1) of subdivision (f) of Section 23151, paragraph (1) of subdivision (f) of Section 23181, and paragraph (1) of subdivision (c) of Section 23183, corporations subject to the minimum franchise tax shall pay annually to the state a minimum franchise tax of eight hundred dollars ($800). +(2) The minimum franchise tax shall be twenty-five dollars ($25) for each of the following: +(A) A corporation formed under the laws of this state whose principal business when formed was gold mining, which is inactive and has not done business within the limits of the state since 1950. +(B) A corporation formed under the laws of this state whose principal business when formed was quicksilver mining, which is inactive and has not done business within the limits of the state since 1971, or has been inactive for a period of 24 consecutive months or more. +(3) For purposes of paragraph (2), a corporation shall not be considered to have done business if it engages in business other than mining. +(e) Notwithstanding subdivision (a), for taxable years beginning on or after January 1, 1999, and before January 1, 2000, every “qualified new corporation” shall pay annually to the state a minimum franchise tax of five hundred dollars ($500) for the second taxable year. This subdivision shall apply to any corporation that is a qualified new corporation and is incorporated on or after January 1, 1999, and before January 1, 2000. +(1) The determination of the gross receipts of a corporation, for purposes of this subdivision, shall be made by including the gross receipts of each member of the commonly controlled group, as defined in Section 25105, of which the corporation is a member. +(2) “Gross receipts, less returns and allowances reportable to this state,” means the sum of the gross receipts from the production of business income, as defined in subdivision (a) of Section 25120, and the gross receipts from the production of nonbusiness income, as defined in subdivision (d) of Section 25120. +(3) “Qualified new corporation” means a corporation that is incorporated under the laws of this state or has qualified to transact intrastate business in this state, that begins business operations at or after the time of its incorporation and that reasonably estimates that it will have gross receipts, less returns and allowances, reportable to this state for the taxable year of one million dollars ($1,000,000) or less. “Qualified new corporation” does not include any corporation that began business operations as a sole proprietorship, a partnership, or any other form of business entity prior to its incorporation. This subdivision shall not apply to any corporation that reorganizes solely for the purpose of reducing its minimum franchise tax. +(4) This subdivision shall not apply to limited partnerships, as defined in Section 17935, limited liability companies, as defined in Section 17941, limited liability partnerships, as described in Section 17948, charitable +organizations, +corporations, +as described in Section 23703, regulated investment companies, as defined in Section 851 of the Internal Revenue Code, real estate investment trusts, as defined in Section 856 of the Internal Revenue Code, real estate mortgage investment conduits, as defined in Section 860D of the Internal Revenue Code, qualified Subchapter S subsidiaries, as defined in Section 1361(b)(3) of the Internal Revenue Code, or to the formation of any subsidiary corporation, to the extent applicable. +(5) For any taxable year beginning on or after January 1, 1999, and before January 1, 2000, if a corporation has qualified to pay five hundred dollars ($500) for the second taxable year under this subdivision, but in its second taxable year, the corporation’s gross receipts, as determined under paragraphs (1) and (2), exceed one million dollars ($1,000,000), an additional tax in the amount equal to three hundred dollars ($300) for the second taxable year shall be due and payable by the corporation on the due date of its return, without regard to extension, for that year. +(f) (1) Notwithstanding subdivision (a), every corporation that incorporates or qualifies to do business in this state on or after January 1, 2000, shall not be subject to the minimum franchise tax for its first taxable year. +(2) This subdivision shall not apply to limited partnerships, as defined in Section 17935, limited liability companies, as defined in Section 17941, limited liability partnerships, as described in Section 17948, charitable +organizations, +corporations, +as described in Section 23703, regulated investment companies, as defined in Section 851 of the Internal Revenue Code, real estate investment trusts, as defined in Section 856 of the Internal Revenue Code, real estate mortgage investment conduits, as defined in Section 860D of the Internal Revenue Code, and qualified Subchapter S subsidiaries, as defined in Section 1361(b)(3) of the Internal Revenue Code, to the extent applicable. +(3) This subdivision shall not apply to any corporation that reorganizes solely for the purpose of avoiding payment of its minimum franchise tax. +(g) Notwithstanding subdivision (a), a domestic corporation, as defined in Section 167 of the Corporations Code, that files a certificate of dissolution in the office of the Secretary of State pursuant to subdivision (b) of Section 1905 of the Corporations Code, prior to its amendment by the act amending this subdivision, and that does not thereafter do business shall not be subject to the minimum franchise tax for taxable years beginning on or after the date of that filing. +(h) The minimum franchise tax imposed by paragraph (1) of subdivision (d) shall not be increased by the Legislature by more than 10 percent during any calendar year. +(i) (1) Notwithstanding subdivision (a), a corporation that is a small business solely owned by a deployed member of the United States Armed Forces shall not be subject to the minimum franchise tax for any taxable year the owner is deployed and the corporation operates at a loss or ceases operation. +(2) The Franchise Tax Board may promulgate regulations as necessary or appropriate to carry out the purposes of this subdivision, including a definition for “ceases operation.” +(3) For the purposes of this subdivision, all of the following definitions apply: +(A) “Deployed” means being called to active duty or active service during a period when a Presidential Executive order specifies that the United States is engaged in combat or homeland defense. “Deployed” does not include either of the following: +(i) Temporary duty for the sole purpose of training or processing. +(ii) A permanent change of station. +(B) “Operates at a loss” means negative net income as defined in Section 24341. +(C) “Small business” means a corporation with total income from all sources derived from, or attributable, to the state of two hundred fifty thousand dollars ($250,000) or less. +(4) This subdivision shall become inoperative for taxable years beginning on or after January 1, 2018. +(j) (1) Notwithstanding subdivision (a) or (b) and subject to subdivision (f), for taxable years beginning on or after January 1, 2016, every corporation that is a new veteran-owned small business shall not be subject to the tax imposed by this section for its second and third taxable years. +(2) For purposes of this subdivision: +(A) “New veteran-owned small business” means a veteran-owned corporation that is incorporated under the laws of this state or has qualified to transact intrastate business in this state that begins business operations at or after the time of its incorporation, and that has a total income derived from, or attributable to, the state of two hundred fifty thousand dollars ($250,000) or less. “New veteran-owned small business” does not include any corporation that began business operations as a sole proprietorship, a partnership, or any other form of business entity prior to its incorporation. +(B) “Veteran” means an individual honorably discharged from the Armed Forces of the United States. +(C) “Veteran-owned corporation” means a corporation in which stock representing more than 50 percent of the voting power of the corporation and representing more than 50 percent value of the stock of the corporation is owned by one or more veterans. +(3) This subdivision shall not apply to any corporation that reorganizes solely for the purpose of reducing its minimum franchise tax. +SEC. 3. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","Existing law imposes an annual minimum franchise tax, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state. Existing law exempts a corporation that incorporates or qualifies to do business in this state from the payment of the minimum franchise tax in its first taxable year. +Existing law imposes an annual tax in an amount equal to the minimum franchise tax on every limited liability company doing business in this state. In addition, existing law requires every limited liability company if the articles of organization have been accepted by, or a certificate of registration has been issued by, the Secretary of State to pay an annual tax in an amount equal to the minimum franchise tax. +This bill, for taxable years beginning on or after January 1, 2016, would additionally eliminate that minimum franchise tax, in the 2nd and 3rd taxable years, for a corporation that is a new veteran-owned small business, and that annual tax, in the first 3 taxable years, for a limited liability company that is a new veteran-owned small business, as defined. +This bill would take effect immediately as a tax levy.","An act to amend Sections 17941 and 23153 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +488,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature hereby finds and declares all of the following: +(a) Recent public opinion research indicates that Californians, regardless of political party or income level, are worried about the costs of growing older. Two-thirds of respondents in the research said that they are apprehensive about being able to afford long-term care. Sixty-three percent of respondents worry as much about paying for long-term care as they do for their future health care. +(b) A majority of respondents could not afford more than three months of nursing home care at an average cost of six thousand dollars ($6,000) per month in California. About four in 10 respondents could not afford a single month of care at that rate. Among Latino voters, 88 percent said they do not have long-term care insurance or are not sure whether they are covered for supportive services like in-home care. Concerns about paying for long-term care cut across all income levels and all partisan affiliations. +(c) It is the intent of the Legislature to enact legislation establishing a task force to explore the feasibility of developing and implementing a culturally competent statewide insurance program for long-term care services and supports. +SEC. 2. +Section 10234.75 is added to the Insurance Code, to read: +10234.75. +(a) The Long Term Care Insurance Task Force (the task force) is hereby created in the Department of Insurance. Under the leadership of the commissioner, the task force shall examine the components necessary to design and implement a statewide long-term care insurance program. +(b) The task force shall consist of the following nine voting members: +(1) The commissioner, or his or her designee, who shall serve as the chair of the task force. +(2) The Director of Health Care Services, or his or her designee. +(3) The Director of the Department of Aging, or his or her designee. +(4) Four persons appointed by the Governor, as follows: +(A) A certified actuary with expertise in long-term care insurance. +(B) A nongovernment health policy expert. +(C) A representative of a long-term care provider association. +(D) A representative of a senior or consumer organization. +(5) One person, appointed by the Speaker of the Assembly, from an employee representative organization that represents long-term care workers. +(6) One person, appointed by the Senate Committee on Rules, from the long-term care insurance industry. +(c) A task force member shall not receive a per diem or other similar compensation for serving as a member of the task force. +(d) The Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) applies to meetings of the task force. +(e) The task force shall do all of the following: +(1) Explore how a statewide long-term care insurance program could be designed and implemented to expand the options for people who are interested in insuring themselves against the risk of costs associated with functional or cognitive disability, and require long-term care, services, and supports. +(2) Explore options for the design of the program, including eligibility, enrollment, benefits, financing, administration, and interaction with the Medi-Cal program and other publicly funded resources. In exploring these options, the task force shall consider all of the following: +(A) Whether and how a long-term care insurance program could be included as a benefit in the state disability insurance program structure, possibly through a nominal increase in the payroll tax, and whether the program could be structured in the same manner as Paid Family Leave benefits. +(B) Allowing for enrollment in the program of working adults who would make voluntary premium contributions either directly or through payroll deductions through their employer. +(C) To the extent feasible, requiring a mandatory enrollment with a voluntary opt-out option. +(D) Giving working adults the opportunity to plan for future long-term care needs by providing a basic insurance benefit to those who meet work requirements and have developed functional or equivalent cognitive limitations. +(E) Helping individuals with functional or cognitive limitations remain in their communities by purchasing nonmedical services and supports such as home health care and adult day care. +(F) Helping offset the costs incurred by adults with chronic and disabling conditions. The program need not be designed to cover the entire cost associated with an individual’s long-term care needs. +(3) Evaluate how benefits under the program would be coordinated with existing private health care coverage benefits. +(4) Evaluate the demands on the long-term care workforce as the need for long-term care in California grows, and how the long-term care workforce can be prepared to meet those demands. +(5) Consider the establishment of a joint public and private system to make long-term care accessible to as many individuals within California as possible. +(6) Make recommendations related to key regulatory provisions necessary for the public to access existing long-term care insurance programs and participate in future long-term care insurance programs, whether those programs are recommended by the task force or otherwise. +(f) The department shall operate within its existing budgetary resources for purposes of implementing this section. Any governmental agency that participates in the task force shall operate within its existing budgetary resources for purposes of that participation. +(g) The task force shall recommend options for establishing a statewide long-term care insurance program and comment on the respective degrees of feasibility of those options in a report submitted to the commissioner, the Governor, and the Legislature on or before July 1, 2017. The report submitted to the Legislature shall be submitted in accordance with Section 9795 of the Government Code. +(h) To ensure an adequate benefit within a solvent program, the department shall, no later than July 1, 2018, produce an actuarial report of the recommendations made by the task force pursuant to subdivision (g). The report shall be shared with and approved by the members of the task force. If approved the report shall be submitted to the Legislature in accordance with Section 9795 of the Government Code. +(i) The commissioner may seek private funds for purposes of implementing this section. +(j) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.","Existing law provides for the regulation of long-term care insurance by the Insurance Commissioner and prescribes various requirements and conditions governing the delivery of individual or group long-term care insurance in the state. Existing law establishes the California Partnership for Long-Term Care Program to link private long-term care insurance and health care service plan contracts that cover long-term care with the In-Home Supportive Services program and Medi-Cal and to provide Medi-Cal benefits to certain individuals who have income and resources above the eligibility levels for receipt of medical assistance, but who have purchased certified private long-term care insurance policies. +This bill would establish the Long Term Care Insurance Task Force in the Department of Insurance, chaired by the Insurance Commissioner or his or her designee, and composed of specified stakeholders and representatives of government agencies to examine the components necessary to design and implement a statewide long-term care insurance program, as specified. The bill would require the task force to recommend options for establishing this program and to comment on their respective degrees of feasibility in a report submitted to the commissioner, the Governor, and the Legislature by July 1, 2017. The bill would require the department to produce, no later than July 1, 2018, an actuarial report of those recommendations, to be shared with and approved by the task force. If approved, the bill would require the report to be submitted to the Legislature, as specified.","An act to add and repeal Section 10234.75 of the Insurance Code, relating to insurance." +489,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 3 (commencing with Section 39150) is added to Part 1 of Division 26 of the Health and Safety Code, to read: +CHAPTER 3. Minor Violations +39150. +(a) The Legislature hereby finds and declares that the purpose of this chapter is to establish an enforcement policy for violations of this division that the enforcement agency finds are minor when the danger they pose to, or the potential that they have for endangering, human health, safety, or welfare or the environment is taken into account. +(b) It is the intent of the Legislature in enacting this chapter to provide a more resource-efficient enforcement mechanism, faster compliance times, and the creation of a productive and cooperative working relationship between the state board, the districts, and the regulated community while maintaining protection of human +health and safety +health, safety, and welfare +and the environment. +(c) +The +Except as provided in Section 39154, the +state board and each district shall, for their respective jurisdictions, implement this chapter by adopting a regulation or a rule that classifies the types of violations of this division, or of the regulations, rules, standards, orders, permit conditions, or other requirements adopted pursuant to this division, that the state board or the district finds are minor violations in accordance with subdivision (d). +(d) In classifying the types of violations that are minor violations, the state board or the district shall consider all of the following factors: +(1) The magnitude of the violation. +(2) The scope of the violation. +(3) The severity of the violation. +(4) The degree to which a violation puts human health, safety, or welfare or the environment into jeopardy. +(5) The degree to which a violation could contribute to the failure to accomplish an important goal or program objective as established by this division. +(6) The degree to which a violation +may +could +make it difficult to determine if the violator is in compliance with other requirements of this division. +(e) For purposes of this chapter, a minor violation of this division shall not include any of the following: +(1) Any knowing, willful, or intentional violation of this division. +(2) Any violation of this division that enables the violator to benefit economically from noncompliance, either by realizing reduced costs or by gaining a competitive advantage. +(3) Any violation that is a chronic violation or that is committed by a recalcitrant violator. +(f) In determining whether a violation is chronic or a violator is recalcitrant, for purposes of paragraph (3) of subdivision (e), the state board or district or an authorized or designated officer shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to the requirements of this division or the requirements adopted pursuant to this division. +39151. +For purposes of this chapter, “notice to comply” means a written method of alleging a minor violation that is in compliance with all of the following requirements: +(a) The notice to comply is written in the course of conducting an inspection by an authorized representative of the state board or district or an authorized or designated officer. If testing is required by the state board or district or an authorized or designated officer to determine compliance, and the testing cannot be conducted during the course of the inspection, the representative of the state board or the district or an authorized or designated officer shall have a reasonable period of time to conduct the required testing. If, after the test results are available, the representative of the state board or district or an authorized or designated officer determines that the issuance of a notice to comply is warranted, the representative or officer shall immediately notify the facility owner or operator in writing. +(b) A copy of the notice to comply is presented to a person who is an owner, operator, employee, or representative of the facility being inspected at the time that the notice to comply is written. If offsite testing is required pursuant to subdivision (a), a copy of the notice to comply may be mailed to the owner or operator of the facility. +(c) The notice to comply clearly states the nature of the alleged minor violation, a means by which compliance with the requirement cited by the state board’s or district’s representative or an authorized or designated officer may be achieved, and a time limit in which to comply, which shall not exceed 30 days. +(d) The notice to comply shall contain the information specified in subdivision (h) of Section 39152 with regard to the possible reinspection of the facility. +39152. +(a) An authorized representative of the state board or district or an authorized or designated officer, who, in the course of conducting an inspection, detects a minor violation shall issue a notice to comply before leaving the site at which the minor violation is alleged to have occurred if the authorized representative finds that a notice to comply is warranted. +(b) A person who receives a notice to comply pursuant to subdivision (a) shall have the period specified in the notice to comply from the date of receipt of the notice to comply in which to achieve compliance with the requirement cited on the notice to comply. Within five working days of achieving compliance, the person who received the notice to comply shall sign the notice to comply and return it to the state board’s or district’s representative or an authorized or designated officer, stating that the person has complied with the notice to comply. A false statement that compliance has been achieved is a violation of this division pursuant to Section 42400.2 or 42402.2. +(c) A single notice to comply shall be issued for all minor violations cited during the same inspection and the notice to comply shall separately list each cited minor violation and the manner in which each minor violation may be brought into compliance. +(d) A notice to comply shall not be issued for any minor violation that is corrected immediately in the presence of the inspector. Immediate compliance in that manner may be noted in the inspection report, but the person shall not be subject to any further action by the state board’s or district’s representative or an authorized or designated officer. +(e) Except as otherwise provided in subdivision (g), a notice to comply shall be the only means by which the state board’s or district’s representative or an authorized or designated officer shall cite a minor violation. The state board’s or district’s representative or an authorized or designated officer shall not take any other enforcement action specified in this division to enforce the minor violation against a person who has received a notice to comply if the person is in compliance with this section. +(f) If a person who receives a notice to comply pursuant to subdivision (a) disagrees with one or more of the alleged violations cited in the notice to comply, the person shall give written notice of appeal to the state board or district, which shall develop a process for reviewing and determining the disposition of the appeal. +(g) Notwithstanding any other provision of this section, if a person fails to comply with a notice to comply within the prescribed period, or if the state board or district or an authorized or designated officer determines that the circumstances surrounding a particular minor violation are such that immediate enforcement is warranted to prevent harm to +the public health or safety or to +human health, safety, or welfare or +the environment, the state board or district or an authorized or designated officer may take any needed enforcement action authorized by this division. +(h) A notice to comply issued to a person pursuant to this section shall contain a statement that the inspected facility may be subject to reinspection at any time. Nothing in this section shall be construed as preventing the reinspection of a facility to ensure compliance or to ensure that minor violations cited in a notice to comply have been corrected. +(i) Nothing in this section shall be construed as preventing the state board or district or an authorized or designated officer, on a case-by-case basis, from requiring a person subject to a notice to comply to submit reasonable and necessary documentation to support a claim of compliance by the person. +(j) Nothing in this section restricts the power of a city attorney, district attorney, county counsel, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law. Furthermore, nothing in this section prevents the state board or district, or any representative of the state board or district, from cooperating with, or participating in, such a proceeding. +(k) Notwithstanding any other provision of this section, if the state board or district or an authorized or designated officer determines that the circumstances surrounding a particular minor violation are such that the assessment of a civil penalty pursuant to this division is warranted or required by federal law, in addition to issuance of a notice to comply, the state board or district or an authorized or designated officer shall assess a civil penalty in accordance with this division, if the state board or district or an authorized or designated officer makes written findings that set forth the basis for the determination of the state board or district. +39153. +On or before January 1, 2020, the state board shall report to the Legislature on actions taken by the state board and the districts to implement this chapter and the results of that implementation. Each district shall provide the state board with the information that the state board requests to determine the degree to which the purposes described in subdivision (a) of Section 39150 have been achieved. The report shall be submitted consistent with Section 9795 of the Government Code. +39154. +Sections 39150, 39151, and 39152 do not apply to a district that, as of January 1, 2015, has in effect a program with provisions similar to those required by this chapter. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law authorizes the State Air Resources Board and air pollution control and air quality management districts to enforce air quality laws. +This bill would require the State Air Resources Board and air pollution control and air quality management districts to adopt regulations classifying minor violations. The bill would define the term “notice to comply” and would require a representative of those agencies, who in the course of conducting an inspection detects a minor violation, to issue a notice to comply, as specified. +The bill would exempt an air pollution control or air quality management district from these provisions if it has in effect, as of January 1, 2015, a program with similar provisions, as specified. +The bill would require the State Air Resources Board to report to the Legislature by January 1, 2020, regarding implementation of the bill. +Because the bill would make a false statement of compliance submitted under those procedures a crime pursuant to specified provisions, the bill would impose a state-mandated local program by creating a new crime. In addition, the bill would impose a state-mandated local program by imposing new requirements on air pollution control and air quality management districts. +(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Chapter 3 (commencing with Section 39150) to Part 1 of Division 26 of the Health and Safety Code, relating to air pollution." +490,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Various economic studies have shown that the biggest burden on family incomes is the cost of housing and transportation. These two variables greatly affect the quality of life for Californians. +(b) Los Angeles County voters have recognized the importance of investing in a transportation network that is responsive to the needs of commuters and transit users and that facilitates the movement of goods in the region. Los Angeles County has three existing voter-approved sales tax measures for transportation projects administered by Los Angeles County Metropolitan Transportation Authority (MTA). +(c) In 1980, voters in Los Angeles County approved Proposition A, a sales tax of one-half of 1 percent on most retail sales in Los Angeles County. The MTA returns 25 percent of Proposition A proceeds to the cities in Los Angeles County for transportation purposes. Thirty-five percent of Proposition A proceeds is required to be used for rail development while the remaining 40 percent is for discretionary purposes. Almost all of the discretionary portion is used to fund bus service provided by the MTA and 16 other municipal bus operators within Los Angeles County. The collection of the sales tax is ongoing. +(d) In 1990, voters in Los Angeles County approved Proposition C, an additional sales tax of one-half of 1 percent on retail sales in Los Angeles County. The MTA returns 20 percent of Proposition C proceeds to the cities in Los Angeles County for transportation purposes. Forty percent of the Proposition C proceeds is required to be used for construction and operation of the bus transit and rail system, 5 percent to expand rail and bus security, 10 percent for commuter +rail, +rail +and construction of transit centers, park and ride lots, and freeway bus stops, and 25 percent for transit-related improvements to freeways and state highways. The collection of the sales tax is ongoing. +(e) Most recently, voters in Los Angeles County approved Measure R in 2008. Measure R is an ordinance authorizing an additional sales tax of one-half of 1 percent to fund traffic relief and rail expansion according to an expenditure plan contained in the ordinance. Measure R became effective July 1, 2009, and will remain in effect for 30 years. +(f) MTA has been entrusted with the responsibility and has the voters’ confidence that it will protect and use the sales tax funding responsibly and according to the rules approved by the voters. +SEC. 2. +Section 130350.7 is added to the Public Utilities Code, to read: +130350.7. +(a) The Los Angeles County Metropolitan Transportation Authority (MTA), in addition to any other tax it is authorized to impose or has imposed, may impose a transactions and use tax at the rate of 0.5 percent, for a period not to exceed 30 years, that is applicable in the incorporated and unincorporated areas of the County of Los Angeles. +(b) The ordinance imposing the tax shall contain all of the following: +(1) An expenditure plan that lists the transportation projects and programs to be funded from net revenues from the tax. The expenditure plan shall appear in the ordinance as an exhibit. The expenditure plan shall include measures that ensure net revenues are shared equitably between regions of the county. +(2) Provisions conforming to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), except as otherwise provided in subdivision (f). +(3) A provision limiting the MTA’s costs of administering the ordinance and the net revenues from the tax to 1.5 percent of the total tax revenues. +(4) A requirement that the net revenues from the tax, defined to mean the total tax revenues less any refunds, costs of administration by the State Board of Equalization, and the MTA’s administration costs, shall be used by the MTA to fund transportation projects and programs identified in the expenditure plan. +(5) A requirement that the MTA, during the period that the ordinance is operative, allocate +____ +20 +percent of all net revenues derived from the tax for bus operations. These revenues shall be allocated to all eligible and included municipal transit operators in the County of Los Angeles and to the MTA, in accordance with Section 99285. However, the allocations to the MTA and eligible and included municipal operators shall be made solely from revenues derived from a tax imposed pursuant to this section, and not from local discretionary sources. Funds allocated by MTA to itself pursuant to this section shall be used for transit operations and shall not supplant funds from any other source allocated by MTA to itself for public transit operations. Funds allocated by MTA to the eligible and included municipal operators pursuant to this section shall be used for transit operations and shall not supplant any funds authorized by other provisions of law and allocated by MTA to the eligible and included municipal operators for public transit. In addition to this amount, the MTA shall allocate +____ +5 +percent of all net revenues derived from the tax for rail operations. +(c) The MTA shall notify the Legislature prior to the adoption of amendments to the adopted expenditure plan. +(d) The ordinance shall be adopted by the MTA board, which shall also adopt a resolution that submits the ordinance to the voters. +(e) The ordinance shall become operative pursuant to Section 130352 if approved by two-thirds of the voters voting on the measure, pursuant to subdivision (d) of Section 2 of Article XIII C of the California Constitution. +(f) The MTA may incur bonded indebtedness payable from the net revenues of the tax pursuant to the bond issuance provisions of this chapter and any successor act. +(g) The tax authorized by this section shall be imposed pursuant to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), notwithstanding the combined rate limitation in Section 7251.1 of the Revenue and Taxation Code.","Existing law authorizes the Los Angeles County Metropolitan Transportation Authority (MTA) to impose, in addition to any other tax that it is authorized to impose, a transactions and use tax at a rate of 0.5% for the funding of specified transportation-related projects and programs, subject to various requirements, including the adoption of an expenditure plan and voter approval. Existing law authorizes the MTA to seek voter approval to extend the transactions and use tax pursuant to an amended ordinance, subject to various requirements, including adoption of an amended expenditure plan that, among other things, updates certain cost estimates and identifies expected completion dates for projects and programs under the previous expenditure plan, and also requires the amended expenditure plan to be included in an updated long range transportation plan, as specified. +This bill would authorize the MTA to impose an additional transportation transactions and use tax at a rate of 0.5%, for a period not to exceed 30 years, subject to various requirements, including the adoption of an expenditure plan and voter approval. +The Transactions and Use Tax Law limits to 2% the combined rate of all transactions and use taxes imposed in any county, with certain exceptions. +This bill would exempt the transactions and use tax authorized by the bill from this limitation.","An act to add Section 130350.7 +to, +to +the Public Utilities Code, relating to transportation." +491,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10010 of the Elections Code is amended to read: +10010. +(a) A political subdivision that changes from an at-large method of election to a district-based election, or that establishes district-based elections, shall do all of the following before a public hearing at which the governing body of the political subdivision votes to approve or defeat an ordinance establishing district-based elections: +(1) Before drawing a draft map or maps of the proposed boundaries of the districts, the political subdivision shall hold at least two public hearings over a period of no more than thirty days, at which the public is invited to provide input regarding the composition of the districts. Before these hearings, the political subdivision may conduct outreach to the public, including to non-English-speaking communities, to explain the districting process and to encourage public participation. +(2) After all draft maps are drawn, the political subdivision shall publish and make available for release at least one draft map and, if members of the governing body of the political subdivision will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections. The political subdivision shall also hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. The first version of a draft map shall be published at least seven days before consideration at a hearing. If a draft map is revised at or following a hearing, it shall be published and made available to the public for at least seven days before being adopted. +(b) In determining the final sequence of the district elections conducted in a political subdivision in which members of the governing body will be elected at different times to provide for staggered terms of office, the governing body shall give special consideration to the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of this code), and it shall take into account the preferences expressed by members of the districts. +(c) This section applies to, but is not limited to, a proposal that is required due to a court-imposed change from an at-large method of election to a district-based election. +(d) For purposes of this section, the following terms have the following meanings: +(1) “At-large method of election” has the same meaning as set forth in subdivision (a) of Section 14026. +(2) “District-based election” has the same meaning as set forth in subdivision (b) of Section 14026. +(3) “Political subdivision” has the same meaning as set forth in subdivision (c) of Section 14026. +(e) (1) Before commencing an action to enforce Sections 14027 and 14028, a prospective plaintiff shall send by certified mail a written notice to the clerk of the political subdivision against which the action would be brought asserting that the political subdivision’s method of conducting elections may violate the California Voting Rights Act. +(2) A prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028 within 45 days of the political subdivision’s receipt of the written notice described in paragraph (1). +(3) (A) Before receiving a written notice described in paragraph (1), or within 45 days of receipt of a notice, a political subdivision may pass a resolution outlining its intention to transition from at-large to district-based elections, specific steps it will undertake to facilitate this transition, and an estimated time frame for doing so. +(B) If a political subdivision passes a resolution pursuant to subparagraph (A), a prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028 within 90 days of the resolution’s passage. +(f) (1) If a political subdivision adopts an ordinance establishing district-based elections pursuant to subdivision (a), a prospective plaintiff who sent a written notice pursuant to subdivision (e) before the political subdivision passed its resolution of intention may, within 30 days of the ordinance’s adoption, demand reimbursement for the cost of the work product generated to support the notice. A prospective plaintiff shall make the demand in writing and shall substantiate the demand with financial documentation, such as a detailed invoice for demography services. A political subdivision may request additional documentation if the provided documentation is insufficient to corroborate the claimed costs. A political subdivision shall reimburse a prospective plaintiff for reasonable costs claimed, or in an amount to which the parties mutually agree, within 45 days of receiving the written demand, except as provided in paragraph (2). In all cases, the amount of the reimbursement shall not exceed the cap described in paragraph (3). +(2) If more than one prospective plaintiff is entitled to reimbursement, the political subdivision shall reimburse the prospective plaintiffs in the order in which they sent a written notice pursuant to paragraph (1) of subdivision (e), and the 45-day time period described in paragraph (1) shall apply only to reimbursement of the first prospective plaintiff who sent a written notice. The cumulative amount of reimbursements to all prospective plaintiffs shall not exceed the cap described in paragraph (3). +(3) The amount of reimbursement required by this section is capped at $30,000, as adjusted annually to the Consumer Price Index for All Urban Consumers, U.S. city average, as published by the United States Department of Labor. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for political subdivisions that encompass areas of representation within the state. With respect to these areas, public officials are generally elected by all of the voters of the political subdivision (at-large) or by districts formed within the political subdivision (district-based). Existing law requires a political subdivision, as defined, that changes from an at-large method of election to a district-based election to hold at least 2 public hearings on a proposal to establish the district boundaries of the political subdivision before a public hearing at which the governing body of the political subdivision votes to approve or defeat the proposal. +This bill would instead require a political subdivision that changes to, or establishes, district-based elections to hold public hearings before and after drawing a preliminary map or maps of the proposed district boundaries, as specified. +Existing law, the California Voting Rights Act of 2001 (CVRA), prohibits the use of an at-large method of election in a political subdivision if it would impair the ability of a protected class, as defined, to elect candidates of its choice or otherwise influence the outcome of an election. The CVRA provides that a voter who is a member of a protected class may bring an action in superior court to enforce its provisions. +This bill would require a prospective plaintiff under the CVRA to first send a written notice to the political subdivision against which the action would be brought indicating that the method of election used by the political subdivision may violate the CVRA. The bill would permit the political subdivision to take ameliorative steps to correct the alleged violation before the prospective plaintiff commences litigation, and it would stay the prospective plaintiff’s ability to file suit for a prescribed amount of time. This bill would also permit a prospective plaintiff who sent a written notice, as described, to recover from the political subdivision reasonable costs incurred in supporting the written notice. +Because the bill would impose additional duties on local agencies, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 10010 of the Elections Code, relating to elections." +492,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares that the environmental degradation of Bouquet Creek in Bouquet Canyon caused by a devastating wildfire in 2002 and the historic floods in the winter of 2004–05 has severely impacted the habitat of the unarmored threespine stickleback. In order to restore the environment for this fully protected species, the Los Angeles County Department of Public Works, the Los Angeles Department of Water and Power, and the United States Department of Agriculture, Forest Service, must be authorized to take the unarmored threespine stickleback to complete their environmental restoration project on Bouquet Creek in Bouquet Canyon. +SEC. 2. +Section 2081.6 is added to the Fish and Game Code, to read: +2081.6. +(a) The department may authorize, under this chapter, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from impacts attributable to the habitat restoration project to restore, maintain, and improve riparian habitat on public lands in the geographic area defined in paragraph (1) and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands, undertaken by the Los Angeles County Department of Public Works, the Los Angeles Department of Water and Power, and the United States Department of Agriculture, Forest Service, if all of the following conditions are satisfied: +(1) The take authorization is limited to the portion of Bouquet Creek located from a position normal to mile marker 8.3 on Bouquet Canyon Road to a position normal to mile marker 16.3 on Bouquet Canyon Road, inclusive. +(2) The department has determined that the appropriate agreements have been executed to address environmental impacts at the Bouquet Canyon area, including, but not limited to, Bouquet Creek. +(3) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the unarmored threespine stickleback. +(4) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the projects. +(5) A biologist will be on duty whenever an activity is conducted that may affect the unarmored threespine stickleback. +(6) The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process that satisfy the conservation standard of subdivision (d) of Section 2805 for monitoring the effectiveness of, and adjusting, as necessary, the measures to minimize and fully mitigate the impacts of the authorized take. +(7) The take authorization provides for the development and implementation, in cooperation with state and federal agencies, of an adaptive management process that substantially contributes to the long-term conservation of the unarmored threespine stickleback. +(b) This section shall not be construed to exempt the projects described in subdivision (a) from any other law. +(c) This section shall not be construed to affect the contractual obligations of the Los Angeles Department of Water and Power to provide water from Bouquet Reservoir. +SEC. 3. +Section 5515 of the Fish and Game Code is amended to read: +5515. +(a) (1) Except as provided in Section 2081.6, 2081.7, or 2835, fully protected fish or parts thereof may not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of permits or licenses to take any fully protected fish, and no permits or licenses heretofore issued shall have any force or effect for that purpose. However, the department may authorize the taking of those species for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of any of those species, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide any relevant information and comments on the proposed authorization. +(2) As used in this subdivision, “scientific research” does not include any actions taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. +(3) Legally imported fully protected fish or parts thereof may be possessed under a permit issued by the department. +(b) The following are fully protected fish: +(1) Colorado River squawfish (Ptychocheilus lucius). +(2) Thicktail chub (Gila crassicauda). +(3) Mohave chub (Gila mohavensis). +(4) Lost River sucker (Catostomus luxatus). +(5) Modoc sucker (Catostomus microps). +(6) Shortnose sucker (Chasmistes brevirostris). +(7) Humpback sucker (Xyrauchen texanus). +(8) Owens River pupfish (Cyprinoden radiosus). +(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). +(10) Rough sculpin (Cottus asperrimus). +SEC. 3.5. +Section 5515 of the Fish and Game Code is amended to read: +5515. +(a) (1) Except as provided in this section, Section 2081.6, Section 2081.7, or Section 2835, a fully protected fish may not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. +(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. +(3) A legally imported fully protected fish may be possessed under a permit issued by the department. +(b) The following are fully protected fish: +(1) Colorado River squawfish (Ptychocheilus lucius). +(2) Thicktail chub (Gila crassicauda). +(3) Mohave chub (Gila mohavensis). +(4) Lost River sucker (Catostomus luxatus). +(5) Modoc sucker (Catostomus microps). +(6) Shortnose sucker (Chasmistes brevirostris). +(7) Humpback sucker (Xyrauchen texanus). +(8) Owens River pupfish (Cyprinoden radiosus). +(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). +(10) Rough sculpin (Cottus asperrimus). +SEC. 4. +Section 3.5 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 1527. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, but this bill becomes operative first, (2) each bill amends Section 5515 of the Fish and Game Code, and (3) this bill is enacted after Assembly Bill 1527, in which case Section 5515 of the Fish and Game Code, as amended by Section 3 of this bill, shall remain operative only until the operative date of Assembly Bill 1527, at which time Section 3.5 of this bill shall become operative. +SEC. 5. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order for the unarmored threespine stickleback habitat restoration project on Bouquet Creek in Bouquet Canyon proposed by the Los Angeles County Department of Public Works to receive a take permit from the Department of Fish and Wildlife so that this project may begin as soon as possible, it is necessary for this act to take effect immediately.","Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the unarmored threespine stickleback as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated. +This bill would permit the department to authorize, under the California Endangered Species Act, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from impacts attributable to the habitat restoration project to restore, maintain, and improve riparian habitat on public lands in a prescribed portion of Bouquet Creek and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands, as specified, if certain conditions are satisfied. +This bill would incorporate additional changes in Section 5515 of the Fish and Game Code, proposed by AB 1527, to be operative only if AB 1527 and this bill are chaptered and become effective on or before January 1, 2016, and this bill is chaptered last. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 5515 of, and to add Section 2081.6 to, the Fish and Game Code, relating to fish, and declaring the urgency thereof, to take effect immediately." +493,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1531.6 is added to the Code of Civil Procedure, to read: +1531.6. +(a) In addition to the notices required pursuant to this chapter, the Controller may mail a separate notice to an apparent owner of a United States savings bond, war bond, or military award whose name is shown on or can be associated with the contents of a safe deposit box or other safekeeping repository and is different from the reported owner of the safe deposit box or other safekeeping repository. +(b) A notice sent pursuant to this section shall not contain a photograph or likeness of an elected official. +(c) (1) Notwithstanding any other law, upon request of the Controller, a state or local governmental agency may furnish to the Controller from its records the address or other identification or location information that could reasonably be used to locate an owner of unclaimed property. +(2) If the address or other identification or location information requested by the Controller is deemed confidential under any law or regulation of the state, it shall nevertheless be furnished to the Controller. However, neither the Controller nor any officer, agent, or employee of the Controller shall use or disclose that information, except as may be necessary in attempting to locate the owner of unclaimed property. +(3) This subdivision shall not be construed to require disclosure of information in violation of federal law. +(4) If a fee or charge is customarily made for the information requested by the Controller, the Controller shall pay the customary fee or charge. +(d) Costs for administering this section shall be subject to the level of appropriation in the annual Budget Act. +SEC. 2. +Section 1563 of the Code of Civil Procedure is amended to read: +1563. +(a) Except as provided in subdivisions (b) and (c), all escheated property delivered to the Controller under this chapter shall be sold by the Controller to the highest bidder at public sale in whatever city in the state affords in his or her judgment the most favorable market for the property involved, or the Controller may conduct the sale by electronic media, including, but not limited to, the Internet, if in his or her judgment it is cost effective to conduct the sale of the property involved in that manner. However, no sale shall be made pursuant to this subdivision until 18 months after the final date for filing the report required by Section 1530. The Controller may decline the highest bid and reoffer the property for sale if he or she considers the price bid insufficient. The Controller need not offer any property for sale if, in his or her opinion, the probable cost of sale exceeds the value of the property. Any sale of escheated property held under this section shall be preceded by a single publication of notice thereof, at least one week in advance of sale, in an English language newspaper of general circulation in the county where the property is to be sold. +(b) Securities listed on an established stock exchange shall be sold at the prevailing prices on that exchange. Other securities may be sold over the counter at prevailing prices or, with prior approval of the California Victim Compensation and Government Claims Board, by any other method that the Controller may determine to be advisable. These securities shall be sold by the Controller no sooner than 18 months, but no later than 20 months, after the final date for filing the report required by Section 1530. If securities delivered to the Controller by a holder of the securities remain in the custody of the Controller, a person making a valid claim for those securities under this chapter shall be entitled to receive the securities from the Controller. If the securities have been sold, the person shall be entitled to receive the net proceeds received by the Controller from the sale of the securities. United States government savings bonds and United States war bonds shall be presented to the United States for payment. Subdivision (a) does not apply to the property described in this subdivision. +(c) (1) All escheated property consisting of military awards, decorations, equipment, artifacts, memorabilia, documents, photographs, films, literature, and any other item relating to the military history of California and Californians that is delivered to the Controller is exempt from subdivision (a) and may, at the discretion of the Controller, be held in trust for the Controller at the California State Military Museum and Resource Center, or successor entity. All escheated property held in trust pursuant to this subdivision is subject to the applicable regulations of the United States Army governing Army museum activities as described in Section 179 of the Military and Veterans Code. Any person claiming an interest in the escheated property may file a claim to the property pursuant to Article 4 (commencing with Section 1540). +(2) The California State Military Museum and Resource Center, or successor entity, shall be responsible for the costs of storage and maintenance of escheated property delivered by the Controller under this subdivision. +(d) The purchaser at any sale conducted by the Controller pursuant to this chapter shall receive title to the property purchased, free from all claims of the owner or prior holder thereof and of all persons claiming through or under them. The Controller shall execute all documents necessary to complete the transfer of title.","Existing law, the Unclaimed Property Law, governs the disposition of unclaimed property, including the escheat of certain property to the state. Existing law provides for the escheat to the state of the contents of, or proceeds of sale of the contents of, any safe deposit box or any other safekeeping repository held in the state by a business association, as specified. In cases where the contents of a safe deposit box or other safekeeping repository escheat to the state, existing law requires the business association to report to the Controller certain information regarding the property and owner, including a description of the property and the place where it is held and may be inspected by the Controller. Within 165 days after the final date for filing the report, existing law requires the Controller to mail a notice to each person having an address listed in the report who appears to be entitled to property escheated, as specified. +This bill would additionally authorize the Controller to mail a separate notice to an apparent owner of a United States savings bond, war bond, or military award inside a safe deposit box or other safekeeping repository whose name is shown on or can be associated with the contents of a safe deposit box or other safekeeping repository and is different from the name of the reported owner.","An act to amend Section 1563 of, and to add Section 1531.6 to, the Code of Civil Procedure, relating to unclaimed property." +494,"The people of the State of California do enact as follows: + + +SECTION 1. +Part 9.5 (commencing with Section 2500) is added to Division 2 of the Labor Code, to read: +PART 9.5. Grocery Workers +2500. +(a) Supermarkets and other grocery retailers are the primary points of distribution for food and other daily necessities for the residents of California and are therefore essential to the vitality of every California community. +(b) The state has a compelling interest in ensuring the welfare of the residents of its communities through the maintenance of health and safety standards in grocery establishments. +(c) Experienced grocery retail workers with knowledge of proper sanitation procedures, health regulations and laws, and an experience-based understanding of the clientele and communities in which the retailer is located are essential in furthering this interest and the state’s investments in health and safety. +(d) A transitional retention period for grocery retail workers upon change of ownership, control, or operation of grocery stores ensures stability throughout the state for these vital workers, which, in turn, results in preservation of health and safety standards. +2502. +For purposes of this part, the following definitions shall apply: +(a) “Change in control” means any sale, assignment, transfer, contribution, or other disposition of all or substantially all of the assets or a controlling interest, including by consolidation, merger, or reorganization, of the incumbent grocery employer or any person who controls the incumbent grocery employer or any grocery establishment under the operation or control of either the incumbent grocery employer or any person who controls the incumbent grocery employer. +(b) “Eligible grocery worker” means any individual whose primary place of employment is at the grocery establishment subject to a change in control, and who has worked for the incumbent grocery employer for at least six months prior to the execution of the transfer document. “Eligible grocery worker” does not include a managerial, supervisory, or confidential employee. +(c) “Employment commencement date” means the date on which an eligible grocery worker retained by the successor grocery employer pursuant to this part commences work for the successor grocery employer in exchange for benefits and compensation under the terms and conditions established by the successor grocery employer and as required by law. +(d) “Grocery establishment” means a retail store in this state that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods. Other household supplies or other products shall be secondary to the primary purpose of food sales. +(e) “Incumbent grocery employer” means the person that owns, controls, or operates the grocery establishment at the time of the change in control. +(f) “Person” means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign. +(g) “Successor grocery employer” means the person that owns, controls, or operates the grocery establishment after the change in control. +(h) “Transfer document” means the purchase agreement or other document effecting the change in control. +2504. +(a) The incumbent grocery employer shall, within 15 days after the execution of the transfer document, provide to the successor grocery employer the name, address, date of hire, and employment occupation classification of each eligible grocery worker. +(b) The successor grocery employer shall maintain a preferential hiring list of eligible grocery workers identified by the incumbent grocery employer pursuant to subdivision (a) and shall hire from that list for a period beginning upon the execution of the transfer document and continuing for 90 days after the grocery establishment is fully operational and open to the public under the successor grocery employer. +(c) If the successor grocery employer extends an offer of employment to an eligible grocery worker pursuant to this part, the successor grocery employer shall retain written verification of that offer for at least three years after the date of the offer. The verification shall include the name, address, date of hire, and employment occupation classification of each eligible grocery worker. +2506. +(a) A successor grocery employer shall retain each eligible grocery worker hired pursuant to this part for at least 90 days after the eligible grocery worker’s employment commencement date. During this 90-day transition employment period, eligible grocery workers shall be employed under the terms and conditions established by the successor grocery employer and pursuant to the terms of a relevant collective bargaining agreement, if any. +(b) If, within the period established in subdivision (b) of Section 2504, the successor grocery employer determines that it requires fewer eligible grocery workers than were required by the incumbent grocery employer, the successor grocery employer shall retain eligible grocery workers by seniority within each job classification to the extent that comparable job classifications exist or pursuant to the terms of a relevant collective bargaining agreement, if any. Nonclassified eligible grocery workers shall be retained by seniority and according to experience or pursuant to the terms of a relevant collective bargaining agreement, if any. +(c) During the 90-day transition employment period, the successor grocery employer shall not discharge without cause an eligible grocery worker retained pursuant to this part. +(d) At the end of the 90-day transition employment period, the successor grocery employer shall make a written performance evaluation for each eligible grocery worker retained pursuant to this part. If the eligible grocery worker’s performance during the 90-day transition employment period is satisfactory, the successor grocery employer shall consider offering the eligible grocery worker continued employment under the terms and conditions established by the successor grocery employer and as required by law. The successor grocery employer shall retain a record of the written performance evaluation for at least three years. +2508. +(a) The incumbent grocery employer shall post public notice of the change in control at the location of the affected grocery establishment within five business days following the execution of the transfer document. Notice shall remain posted during any closure of the grocery establishment and until the grocery establishment is fully operational and open to the public under the successor grocery employer. +(b) Notice shall include, but not be limited to, the name of the incumbent grocery employer and its contact information, the name of the successor grocery employer and its contact information, and the effective date of the change in control. +(c) Notice shall be posted in a conspicuous place at the grocery establishment in a manner to be readily viewed by eligible grocery workers and other employees, customers, and members of the public. +2512. +Parties subject to this part may, by collective bargaining agreement, provide that the agreement supersedes the requirements of this part. +2516. +This part shall not apply to grocery establishments that will be located in geographic areas designated by the United States Department of Agriculture as a food desert, based on the original food desert measure contained in the Food Access Research Atlas, provided that both of the following apply: +(a) More than six years have elapsed since the most recent grocery establishment was located in the area designated as a food desert. +(b) The grocery establishment stocks and during normal business hours sells fresh fruit and vegetables in amounts and of a quality that is comparable to what the establishment sells in its three geographically closest stores, which are located outside of the food desert. +2518. +This part shall not be construed to limit an eligible grocery worker’s right to bring legal action for wrongful termination. +2520. +This part does not preempt any city, county, or city and county ordinances that provide equal or greater protection to eligible grocery workers. +2522. +The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law regulates various aspects of the workplace and employee safety and health. +This bill, upon a change in control of a grocery establishment, would require an incumbent grocery employer to prepare a list of specified eligible grocery workers for a successor grocery employer, and would require the successor grocery employer to hire from this list during a 90-day transition period. The bill would require the successor grocery employer to retain eligible grocery workers for a 90-day period, prohibit the successor grocery employer from discharging those workers without cause during that period, and, upon the close of that period, require the successor grocery employer to consider offering continued employment to those workers. The bill would exempt a grocery establishment located in a food desert from the bill’s requirements, as provided. The bill would provide that a collective bargaining agreement may supersede these requirements and that these provisions do not preempt any local ordinances that provide equal or greater protection to eligible grocery workers. +This bill would provide that its provisions are severable.","An act to add Part 9.5 (commencing with Section 2500) to Division 2 of the Labor Code, relating to grocery workers." +495,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 8610.5 is added to the Government Code, to read: +8610.5. +(a) For purposes of this section: +(1) “Office” means the Office of Emergency Services. +(2) “Previous fiscal year” means the fiscal year immediately prior to the current fiscal year. +(3) “Utility” means an “electrical corporation” as defined in Section 218 of the Public Utilities Code. +(b) (1) State and local costs to carry out activities pursuant to this section and Chapter 4 (commencing with Section 114650) of Part 9 of Division 104 of the Health and Safety Code that are not reimbursed by federal funds shall be borne by a utility operating a nuclear powerplant with a generating capacity of 50 megawatts or more. +(2) The Public Utilities Commission shall develop and transmit to the office an equitable method of assessing a utility operating a powerplant for its reasonable share of state agency costs specified in paragraph (1). +(3) Each local government involved shall submit a statement of its costs specified in paragraph (1), as required, to the office. +(4) Upon notification by the office, from time to time, of the amount of its share of the actual or anticipated state and local agency costs, a utility shall pay this amount to the Controller for deposit in the Nuclear Planning Assessment Special Account, which is continued in existence, for allocation by the Controller, upon appropriation by the Legislature, to carry out activities pursuant to this section and Chapter 4 (commencing with Section 114650) of Part 9 of Division 104 of the Health and Safety Code. The Controller shall pay from this account the state and local costs relative to carrying out this section and Chapter 4 (commencing with Section 114650) of Part 9 of Division 104 of the Health and Safety Code, upon certification of the costs by the office. +(5) Upon appropriation by the Legislature, the Controller may disburse up to 80 percent of a fiscal year allocation from the Nuclear Planning Assessment Special Account, in advance, for anticipated local expenses, as certified by the office pursuant to paragraph (4). The office shall review program expenditures related to the balance of funds in the account and the Controller shall pay the portion, or the entire balance, of the account, based upon those approved expenditures. +(c) (1) The total annual disbursement of state costs from a utility operating a nuclear powerplant within the state for activities pursuant to this section and Chapter 4 (commencing with Section 114650) of Part 9 of Division 104 of the Health and Safety Code, shall not exceed the lesser of the actual costs or the maximum funding levels established in this section, subject to subdivisions (e) and (f). +(2) Of the annual amount of two million forty-seven thousand dollars ($2,047,000) for the 2009–10 fiscal year, the sum of one million ninety-four thousand dollars ($1,094,000) shall be for support of the office for activities pursuant to this section and Chapter 4 (commencing with Section 114650) of Part 9 of Division 104 of the Health and Safety Code, and the sum of nine hundred fifty-three thousand dollars ($953,000) shall be for support of the State Department of Public Health for activities pursuant to this section and Chapter 4 (commencing with Section 114650) of Part 9 of Division 104 of the Health and Safety Code. +(d) (1) The total annual disbursement for each fiscal year, commencing July 1, 2009, of local costs from a utility shall not exceed the lesser of the actual costs or the maximum funding levels established in this section, in support of activities pursuant to this section and Chapter 4 (commencing with Section 114650) of Part 9 of Division 104 of the Health and Safety Code. The maximum annual amount available for disbursement for local costs, subject to subdivisions (e) and (f), shall, for the fiscal year beginning July 1, 2009, be one million seven hundred thirty-two thousand dollars ($1,732,000) for the Diablo Canyon site. +(2) The amounts paid by a utility under this section shall be allowed for ratemaking purposes by the Public Utilities Commission. +(e) The amounts available for disbursement for state and local costs as specified in this section shall be adjusted and compounded each fiscal year by the larger of the percentage change in the prevailing wage for San Luis Obispo County employees, not to exceed 5 percent, or the percentage increase in the California Consumer Price Index from the previous fiscal year. +(f) Through the inoperative date specified in subdivision (h), the amounts available for disbursement for state and local costs as specified in this section shall be cumulative biennially. Any unexpended funds from a year shall be carried over for one year. The funds carried over from the previous year may be expended when the current year’s funding cap is exceeded. +(g) This section shall become operative on July 1, 2019. +(h) This section shall become inoperative on August 26, 2025, and, as of January 1, 2026, is repealed. +(i) When this section becomes inoperative, any amounts remaining in the special account shall be refunded to a utility contributing to it, to be credited to the utility’s ratepayers. +SEC. 2. +Section 712 is added to the Public Utilities Code, to read: +712. +(a) The commission shall convene, or continue, until August 26, 2025, an independent peer review panel to conduct an independent review of enhanced seismic studies and surveys of the Diablo Canyon Units 1 and 2 powerplant, including the surrounding areas of the facility and areas of nuclear waste storage. +(b) The independent peer review panel shall contract with the Energy Commission, the California Geological Survey of the Department of Conservation, the California Coastal Commission, the Alfred E. Alquist Seismic Safety Commission, the Office of Emergency Services, and the County of San Luis Obispo to participate on the panel and provide expertise. +(c) The independent peer review panel shall review the seismic studies and hold public meetings. +(d) The commission shall make reports by the independent peer review panel publicly available on the Internet Web site maintained by the commission. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +The Public Utilities Commission in Decision 10-08-003 (August 12, 2010) convened an independent peer review panel to review the seismic studies conducted on behalf of Pacific Gas and Electric Company relative to the Diablo Canyon Units 1 and 2 powerplant. The independent peer review panel, in addition to providing valuable expertise to the commission in evaluating the seismic studies, also operates to assure the public that the seismic studies are being performed in an appropriate manner. Because (1) the commission’s current contracts for the independent peer review panel are set to expire on November 30, 2015, the Diablo Canyon Units 1 and 2 powerplant is authorized to operate until August 26, 2025, by the federal Nuclear Regulatory Commission, and there continues to be enhanced seismic studies and surveys conducted that warrant review by the independent peer review panel to ensure the safety of the public, and (2) continuing the Nuclear Planning Assessment Special Account beyond the July 1, 2019, expiration date is vital to provide the public assurance that the maintenance of the state’s nuclear emergency programs is in place, and will provide certainty for emergency planning and response preparedness should an emergency occur, it is necessary that this act take effect immediately.","Existing law, the California Emergency Services Act, authorizes local government entities to create disaster councils by ordinance and in turn develop disaster plans specific to their jurisdictions. Existing law, the Radiation Protection Act of 1999, requires local governments to develop and maintain radiological emergency preparedness and response plans to safeguard the public in the emergency planning zone around a nuclear powerplant, and generally makes the Office of Emergency Services responsible for the coordination and integration of all emergency planning programs and response plans created pursuant to the Radiation Protection Act of 1999. The California Emergency Services Act, until July 1, 2019, prescribes a method for funding state and local costs for carrying out these activities that are not reimbursed by federal funds, with the costs borne by utilities operating nuclear powerplants with a generating capacity of 50 megawatts or more. +This bill, operative July 1, 2019, would extend, until August 26, 2025, the method for funding state and local costs for emergency service activities associated with a nuclear powerplant, as described above, with respect to a utility operating a nuclear powerplant with a generating capacity of 50 megawatts or more, thereby extending an amount, as specified, available for disbursement for local costs for the Diablo Canyon site. +Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law requires the commission, for purposes of establishing rates for any electrical corporation, to disallow expenses reflecting the direct or indirect costs resulting from any unreasonable error or omission relating to the planning, construction, or operation of any portion of the corporation’s plant which cost, or is estimated to have cost, more than $50,000,000, including any expenses resulting from delays caused by any unreasonable error or omission. For these purposes, “planning” includes activities related to the initial and subsequent assessments of the need for a plant construction project and includes investigation and interpretation of environmental factors such as seismic conditions. +This bill would require the commission to convene, or continue, until August 26, 2025, an independent peer review panel to conduct an independent review of enhanced seismic studies and surveys of the Diablo Canyon Units 1 and 2 powerplant, including the surrounding areas of the facility and areas of nuclear waste storage. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to add and repeal Section 8610.5 of the Government Code, and to add Section 712 to the Public Utilities Code, relating to electricity, and declaring the urgency thereof, to take effect immediately." +496,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 33607.5 of the Health and Safety Code is amended to read: +33607.5. +(a) (1) This section shall apply to each redevelopment project area that, pursuant to a redevelopment plan +which +that +contains the provisions required by Section 33670, is either: (A) adopted on or after January 1, 1994, including later amendments to these redevelopment plans; or (B) adopted prior to January 1, 1994, but amended, after January 1, 1994, to include new territory. For plans amended after January 1, 1994, only the tax increments from territory added by the amendment shall be subject to this section. All the amounts calculated pursuant to this section shall be calculated after the amount required to be deposited in the Low and Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3, and 33334.6 has been deducted from the total amount of tax increment funds received by the agency in the applicable fiscal year. +(2) The payments made pursuant to this section shall be in addition to any amounts the affected taxing entities receive pursuant to subdivision (a) of Section 33670. The payments made pursuant to this section to the affected taxing entities, including the community, shall be allocated among the affected taxing entities, including the community if the community elects to receive payments, in proportion to the percentage share of property taxes each affected taxing entity, including the community, receives during the fiscal year the funds are allocated, which percentage share shall be determined without regard to any amounts allocated to a city, a city and county, or a county pursuant to Sections 97.68 and 97.70 of the Revenue and Taxation Code, and without regard to any allocation reductions to a city, a city and county, a county, a special district, or a redevelopment agency pursuant to Sections 97.71, 97.72, and 97.73 of the Revenue and Taxation Code and Section 33681.12. The agency shall reduce its payments pursuant to this section to an affected taxing entity by any amount the agency has paid, directly or indirectly, pursuant to Section 33445, 33445.5, 33445.6, 33446, or any other provision of law other than this section for, or in connection with, a public facility owned or leased by that affected taxing agency, except: (A) any amounts the agency has paid directly or indirectly pursuant to an agreement with a taxing entity adopted prior to January 1, 1994; or (B) any amounts that are unrelated to the specific project area or amendment governed by this section. The reduction in a payment by an agency to a school district, community college district, or county office of education, or for special education, shall be subtracted only from the amount that otherwise would be available for use by those entities for educational facilities pursuant to paragraph (4). If the amount of the reduction exceeds the amount that otherwise would have been available for use for educational facilities in any one year, the agency shall reduce its payment in more than one year. +(3) If an agency reduces its payment to a school district, community college district, or county office of education, or for special education, the agency shall do all of the following: +(A) Determine the amount of the total payment that would have been made without the reduction. +(B) Determine the amount of the total payment without the reduction +which: +that: +(i) would have been considered property taxes; and (ii) would have been available to be used for educational facilities pursuant to paragraph (4). +(C) Reduce the amount available to be used for educational facilities. +(D) Send the payment to the school district, community college district, or county office of education, or for special education, with a statement that the payment is being reduced and including the calculation required by this subdivision showing the amount to be considered property taxes and the amount, if any, available for educational facilities. +(4) (A) Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section to school districts, 43.3 percent shall be considered to be property taxes for the purposes of paragraph (1) of subdivision (h) of Section 42238 of the Education Code, as it read on January 1, 2013, and paragraph (1) of subdivision (j) of Section 42238.02 of the Education Code, and 56.7 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for educational facilities, including, in the case of amounts paid during the 2011–12 fiscal year through the 2015–16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance. +(B) Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section to community college districts, 47.5 percent shall be considered to be property taxes for the purposes of Section 84751 of the Education Code, and 52.5 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for educational facilities, including, in the case of amounts paid during the 2011–12 fiscal year through the 2015–16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance. +(C) Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section to county offices of education, 19 percent shall be considered to be property taxes for the purposes of Section 2558 of the Education Code, as it read on January 1, 2013, and Section 2575 of the Education Code, and 81 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for educational facilities, including, in the case of amounts paid during the 2011–12 fiscal year through the 2015–16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance. +(D) Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section for special education, 19 percent shall be considered to be property taxes for the purposes of Section 56712 of the Education Code, and 81 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for education facilities, including, in the case of amounts paid during the 2011–12 fiscal year through the 2015–16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance. +(E) If, pursuant to paragraphs (2) and (3), an agency reduces its payments to an educational entity, the calculation made by the agency pursuant to paragraph (3) shall determine the amount considered to be property taxes and the amount available to be used for educational facilities in the year the reduction was made. +(5) Local education agencies that use funds received pursuant to this section for school facilities shall spend these funds at schools that are: (A) within the project area, (B) attended by students from the project area, (C) attended by students generated by projects that are assisted directly by the redevelopment agency, or (D) determined by the governing board of a local education agency to be of benefit to the project area. +(b) Commencing with the first fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, including the community if the community elects to receive a payment, an amount equal to 25 percent of the tax increments received by the agency after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted. In any fiscal year in which the agency receives tax increments, the community that has adopted the redevelopment project area may elect to receive the amount authorized by this paragraph. +(c) Commencing with the 11th fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, other than the community +which +that +has adopted the project, in addition to the amounts paid pursuant to subdivision (b) and after deducting the amount allocated to the Low and Moderate Income Housing Fund, an amount equal to 21 percent of the portion of tax increments received by the agency, which shall be calculated by applying the tax rate against the amount of assessed value by which the current year assessed value exceeds the first adjusted base year assessed value. The first adjusted base year assessed value is the assessed value of the project area in the 10th fiscal year in which the agency receives tax increment revenues. +(d) Commencing with the 31st fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, other than the community +which +that +has adopted the project, in addition to the amounts paid pursuant to subdivisions (b) and (c) and after deducting the amount allocated to the Low and Moderate Income Housing Fund, an amount equal to 14 percent of the portion of tax increments received by the agency, which shall be calculated by applying the tax rate against the amount of assessed value by which the current year assessed value exceeds the second adjusted base year assessed value. The second adjusted base year assessed value is the assessed value of the project area in the 30th fiscal year in which the agency receives tax increments. +(e) (1) Prior to incurring any loans, bonds, or other indebtedness, except loans or advances from the community, the agency may subordinate to the loans, bonds, or other indebtedness the amount required to be paid to an affected taxing entity by this section, provided that the affected taxing entity has approved these subordinations pursuant to this subdivision. +(2) At the time the agency requests an affected taxing entity to subordinate the amount to be paid to it, the agency shall provide the affected taxing entity with substantial evidence that sufficient funds will be available to pay both the debt service and the payments required by this section, when due. +(3) Within 45 days after receipt of the agency’s request, the affected taxing entity shall approve or disapprove the request for subordination. An affected taxing entity may disapprove a request for subordination only if it finds, based upon substantial evidence, that the agency will not be able to pay the debt payments and the amount required to be paid to the affected taxing entity. If the affected taxing entity does not act within 45 days after receipt of the agency’s request, the request to subordinate shall be deemed approved and shall be final and conclusive. +(f) (1) The Legislature finds and declares both of the following: +(A) The payments made pursuant to this section are necessary in order to alleviate the financial burden and detriment that affected taxing entities may incur as a result of the adoption of a redevelopment plan, and payments made pursuant to this section will benefit redevelopment project areas. +(B) The payments made pursuant to this section are the exclusive payments that are required to be made by a redevelopment agency to affected taxing entities during the term of a redevelopment plan. +(2) Notwithstanding any other provision of law, a redevelopment agency shall not be required, either directly or indirectly, as a measure to mitigate a significant environmental effect or as part of any settlement agreement or judgment brought in any action to contest the validity of a redevelopment plan pursuant to Section 33501, to make any other payments to affected taxing entities, or to pay for public facilities that will be owned or leased to an affected taxing entity. +(g) As used in this section, a “local education agency” is a school district, a community college district, or a county office of education.","Existing law relating to redevelopment agencies provides for specified payments with respect to development project areas. +This bill would make nonsubstantive changes to those provisions.","An act to amend Section 33607.5 of the Health and Safety Code, relating to redevelopment." +497,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11265.8 of the Welfare and Institutions Code is amended to read: +11265.8. +(a) All applicants for aid under this chapter, within 30 days of the determination of eligibility for Medi-Cal benefits under Chapter 7 (commencing with Section 14000), and 45 days for applicants already eligible for benefits under Chapter 7 (commencing with Section 14000), and all recipients of aid under this chapter within 45 days of a full or financial redetermination of eligibility for aid under this chapter, shall provide documentation that all children in the assistance unit not required to be enrolled in school have received all age-appropriate immunizations, unless it has been medically determined that an immunization for a child is not appropriate or the applicant or recipient has filed with the county welfare department an affidavit that the immunizations are contrary to the applicant’s or recipient’s beliefs. If the county determines that good cause exists for not providing the required documentation due to lack of reasonable access to immunization services, the period shall be extended by an additional 30 days. If the documentation is not provided within the required time period, the needs of all parents or caretaker relatives in the assistance unit shall not be considered in determining the grant to the assistance unit under Section 11450 until the required documentation is provided. The department shall track and maintain information concerning the number of sanctions imposed under this section. +(b) At the time of application and at the next redetermination of eligibility for aid under this chapter, all applicants and recipients shall be given notice advising them of their obligation to secure the immunizations required in subdivision (a). The notice shall also contain all of the following: +(1) The Recommended Childhood Immunization Schedule, United States, and the Recommended Immunization Schedule for Children Not Immunized on Schedule in the First Year of Life, as appropriate, approved by the Advisory Committee on Immunization Practices, the American Academy of Pediatrics, and the American Academy of Family Physicians. +(2) A description of how to obtain the immunizations through a fee-for-service provider that accepts Medi-Cal, a Medi-Cal managed care plan, a county public health clinic, or any other source that may be available in the county as appropriate. +(3) A statement that the applicant or recipient may file an affidavit claiming that the immunizations are contrary to the applicant’s or recipient’s beliefs. +(c) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 2. +Section 11265.8 is added to the Welfare and Institutions Code, to read: +11265.8. +(a) (1) All applicants for, and recipients of, aid under this chapter shall ensure that all children in the assistance unit not required to be enrolled in school have received all age-appropriate immunizations, unless it has been medically determined that an immunization for a child is not appropriate or the applicant or recipient has filed with the county welfare department an affidavit that the immunizations are contrary to the applicant’s or recipient’s beliefs. +(2) In lieu of initially requesting verification of age-appropriate immunizations, the county may first verify whether each child described in paragraph (1) has received all age-appropriate immunizations by reviewing the California Immunization Registry established pursuant to Section 120440 of the Health and Safety Code. If the registry does not contain records of these immunizations, the county shall require the applicant or recipient to provide documentation that the immunizations have been performed, unless the applicant or recipient has filed an affidavit that the immunizations are contrary to his or her beliefs or has supplied documentation that it has been medically determined that an immunization is not appropriate. This documentation shall be provided within the following time periods: +(A) Within 30 days of the determination of an applicant’s eligibility for Medi-Cal benefits under Chapter 7 (commencing with Section 14000). +(B) Within 45 days for an applicant who is already eligible for benefits under Chapter 7 (commencing with Section 14000). +(C) Within 45 days of a full or financial redetermination of eligibility for aid under this chapter. +(3) If the county determines that good cause exists for not providing the required documentation due to lack of reasonable access to immunization services, the period shall be extended by an additional 30 days. +(4) If the documentation is not provided within the time periods set forth in this section, the needs of all parents or caretaker relatives in the assistance unit shall not be considered in determining the grant to the assistance unit under Section 11450 until the required documentation is provided. The department shall track and maintain information concerning the number of sanctions imposed under this section. +(b) At the time of application and at the next redetermination of eligibility for aid under this chapter, all applicants and recipients shall be given notice advising them of their obligation to secure the immunizations required in subdivision (a). The notice shall also contain all of the following: +(1) The Recommended Childhood Immunization Schedule, United States, and the Recommended Immunization Schedule for Children Not Immunized on Schedule in the First Year of Life, as appropriate, approved by the Advisory Committee on Immunization Practices, the American Academy of Pediatrics, and the American Academy of Family Physicians. +(2) A description of how to obtain the immunizations through a fee-for-service provider that accepts Medi-Cal, a Medi-Cal managed care plan, a county public health clinic, or any other source that may be available in the county as appropriate. +(3) A statement that the applicant or recipient may file an affidavit claiming that the immunizations are contrary to the applicant’s or recipient’s beliefs. +(c) This section shall become operative on July 1, 2016. +SEC. 3. +No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.","Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families block grant program, state, and county funds. Under existing law, all applicants for or recipients of CalWORKs are required to ensure and provide documentation that each child in the assistance unit who is not required to be enrolled in school has received all age-appropriate immunizations, unless it has been medically determined that an immunization for the child is not appropriate or the applicant or recipient has filed with the county welfare department an affidavit that the immunizations are contrary to the applicant’s or recipient’s beliefs. +This bill would, commencing July 1, 2016, instead require the applicant or recipient to ensure that each child in the assistance unit who is not required to be enrolled in school has received all age-appropriate immunizations. The bill would also authorize the county to review the California Immunization Registry in lieu of initially requesting verification of an immunization before requiring the applicant or recipient to provide documentation that the immunization has been performed. +Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. +This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.","An act to amend, repeal, and add Section 11265.8 of the Welfare and Institutions Code, relating to CalWORKs." +498,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 361.3 of the Welfare and Institutions Code is amended to read: +361.3. +(a) In any case in which a child is removed from the physical custody of his or her parents pursuant to Section 361, preferential consideration shall be given to a request by a relative of the child for placement of the child with the relative, regardless of the relative’s immigration status. In determining whether placement with a relative is appropriate, the county social worker and court shall +, on a case-by-case basis, +consider, but shall not be limited to, +consideration of +all the following factors: +(1) The best interest of the child, including special physical, psychological, educational, medical, or emotional needs. +(2) The wishes of the parent, the relative, and child, if appropriate. +(3) The provisions of Part 6 (commencing with Section 7950) of Division 12 of the Family Code regarding relative placement. +(4) Placement of siblings and half siblings in the same home, unless that placement is found to be contrary to the safety and well-being of any of the siblings, as provided in Section 16002. +(5) The good moral character of the relative and any other adult living in the home, including whether any individual residing in the home has a prior history of violent criminal acts or has been responsible for acts of child abuse or neglect. +(6) The nature and duration of the relationship between the child and the relative, and the relative’s desire to care for, and to provide legal permanency for, the child if reunification is unsuccessful. +(7) The ability of the relative to do the following: +(A) Provide a safe, secure, and stable environment for the child. +(B) Exercise proper and effective care and control of the child. +(C) Provide a home and the necessities of life for the child. +(D) Protect the child from his or her parents. +(E) Facilitate court-ordered reunification efforts with the parents. +(F) Facilitate visitation with the child’s other relatives. +(G) Facilitate implementation of all elements of the case plan. +(H) Provide legal permanence for the child if reunification fails. +However, any finding made with respect to the factor considered pursuant to this subparagraph and pursuant to subparagraph (G) shall not be the sole basis for precluding preferential placement with a relative. +(I) Arrange for appropriate and safe child care, as necessary. +(8) The safety of the relative’s home. For a relative to be considered appropriate to receive placement of a child under this section, the relative’s home shall first be approved pursuant to the process and standards described in subdivision (d) of Section 309. +In this regard, the Legislature declares that a physical disability, such as blindness or deafness, is no bar to the raising of children, and a county social worker’s determination as to the ability of a disabled relative to exercise care and control should center upon whether the relative’s disability prevents him or her from exercising care and control. The court shall order the parent to disclose to the county social worker the names, residences, and any other known identifying information of any maternal or paternal relatives of the child. This inquiry shall not be construed, however, to guarantee that the child will be placed with any person so identified. The county social worker shall initially contact the relatives given preferential consideration for placement to determine if they desire the child to be placed with them. Those desiring placement shall be assessed according to the factors enumerated in this subdivision. The county social worker shall document these efforts in the social study prepared pursuant to Section 358.1. The court shall authorize the county social worker, while assessing these relatives for the possibility of placement, to disclose to the relative, as appropriate, the fact that the child is in custody, the alleged reasons for the custody, and the projected likely date for the child’s return home or placement for adoption or legal guardianship. However, this investigation shall not be construed as good cause for continuance of the dispositional hearing conducted pursuant to Section 358. +(b) In any case in which more than one appropriate relative requests preferential consideration pursuant to this section, each relative shall be considered under the factors enumerated in subdivision (a). Consistent with the legislative intent for children to be placed immediately with a responsible relative, this section does not limit the county social worker’s ability to place a child in the home of an appropriate relative or a nonrelative extended family member pending the consideration of other relatives who have requested preferential consideration. +(c) For purposes of this section: +(1) “Preferential consideration” means that the relative seeking placement shall be the first placement to be considered and investigated. +(2) “Relative” means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand,” or the spouse of any of these persons even if the marriage was terminated by death or dissolution. However, only the following relatives shall be given preferential consideration for the placement of the child: an adult who is a grandparent, aunt, uncle, or sibling. +(d) +(1) +Subsequent to the hearing conducted pursuant to Section 358, +whenever a new placement of the child must be made, +consideration for placement shall again be given as described in this section to relatives who have not been found to be unsuitable and who will fulfill the child’s reunification or permanent plan requirements. In addition to the factors described in subdivision (a), the county social worker shall +report and the court shall +consider +whether +all of the following factors: +(A) Whether +the relative has established and maintained a relationship with the +child. +child or is able and willing to do so. +(B) The length of time the child has been in his or her current placement. +(C) The relationship of the child with the current caregiver. +(D) The child’s progress toward permanency with that caregiver. +(E) The placement preference of the child. +(2) The Judicial Council shall adopt a rule of court on or before January 1, 2017, that implements this subdivision in regard to the consideration of relatives for placement subsequent to the hearing conducted pursuant to Section 358. +(e) If the court does not place the child with a relative who has been considered for placement pursuant to this section, the court shall state for the record the reasons placement with that relative was denied. +(f) (1) With respect to a child who satisfies the criteria set forth in paragraph (2), the department and any licensed adoption agency may search for a relative and furnish identifying information relating to the child to that relative if it is believed the child’s welfare will be promoted thereby. +(2) Paragraph (1) shall apply if both of the following conditions are satisfied: +(A) The child was previously a dependent of the court. +(B) The child was previously adopted and the adoption has been disrupted, set aside pursuant to Section 9100 or 9102 of the Family Code, or the child has been released into the custody of the department or a licensed adoption agency by the adoptive parent or parents. +(3) As used in this subdivision, “relative” includes a member of the child’s birth family and nonrelated extended family members, regardless of whether the parental rights were terminated, provided that both of the following are true: +(A) No appropriate potential caretaker is known to exist from the child’s adoptive family, including nonrelated extended family members of the adoptive family. +(B) The child was not the subject of a voluntary relinquishment by the birth parents pursuant to Section 8700 of the Family Code or Section 1255.7 of the Health and Safety Code. +SEC. 2. +To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII +B of the California Constitution. +SECTION 1. +It is the intent of the Legislature to enact legislation to ensure the best possible outcome for children removed from the physical custody of his or her parents.","Existing law, in cases in which a minor is +adjudged +alleged to be +a dependent child of the court on the ground that the minor has suffered abuse or neglect, allows the court to take the child from the physical custody of his or her parents or guardian if there would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the minor if the minor were returned home, among other criteria. If a child is removed from the physical custody of his or her parents, existing law requires preferential consideration to be given to a request by a relative of the child for placement of the child with the relative. Existing law requires that the best interest of the child be considered, among other specified factors, in making that determination. +Existing law also requires that, subsequent to the hearing on the proper disposition to be made of the child, whenever a new placement of the child must be made, consideration for placement again be given to relatives who have not been found to be unsuitable, as specified. +This bill would +state the intent of the Legislature to enact legislation to ensure the best possible outcome for children removed from the physical custody of his or her parents. +require the county social worker and the court, when determining whether placement with a relative is appropriate, to consider the above-described factors on a case-by-case basis. The bill also would require that consideration for placement with a relative subsequent to the disposition hearing be given without regard to whether a new placement of a child must be made, and would direct the social worker to report and the court to consider additional enumerated factors in making this determination. By increasing the duties of county social workers, this bill would create a state-mandated local program. The bill would also require the Judicial Council to adopt a rule of court on or before January 1, 2017, that implements these provisions. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act +to amend Section 361.3 of the Welfare and Institutions Code, +relating to juveniles." +499,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature in enacting the changes to Section 50408 of the Health and Safety Code made by Section 2 of this act to ensure that entities that are receiving funds through the administration of Proposition 41, the California Veterans Housing and Homeless Prevention Bond Act of 2014, are using them in the most effective manner possible to prevent veteran homelessness and to aid those impoverished veterans who are already residing in homelessness. The inclusion of this study would ensure that the Legislature will have adequate data to assess the viability of the program as well as to give the California Department of Veterans Affairs a means by which to determine the viability of nonprofits that serve veterans and assess their worthiness in the program. +SEC. 2. +Section 50408 of the Health and Safety Code is amended to read: +50408. +(a) On or before December 31 of each year, the department shall submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, including, but not limited to, the Emergency Housing and Assistance Program and Community Development Block Grant activity. +(b) The report shall include all of the following information: +(1) The number of units assisted by those programs. +(2) The number of individuals and households served and their income levels. +(3) The distribution of units among various areas of the state. +(4) The amount of other public and private funds leveraged by the assistance provided by those programs. +(5) Information detailing the assistance provided to various groups of persons by programs that are targeted to assist those groups. +(6) The information required to be reported pursuant to Section 17031.8. +(7) (A) An evaluation, in collaboration with the Department of Veterans Affairs, of any program established by the department pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code, including information relating to the effectiveness of assisted projects in helping veterans occupying any supportive housing or transitional housing development that was issued funds pursuant to that article. +(B) The evaluation shall include, but is not limited to, the following information: +(i) Performance outcome data including, but not limited to, housing stability, housing exit information, and tenant satisfaction, which may be measured by a survey, and changes in income, benefits, and education. +(I) For purposes of this paragraph, the term “housing stability” includes, but is not limited to, how many tenants exit transitional housing to permanent housing or maintain permanent housing, and the length of time those tenants spent in assisted units. +(II) For purposes of this paragraph, the term “housing exit information” includes, but is not limited to, the following: +(ia) How many tenants left assisted units. +(ib) The length of tenancy in assisted units. +(ic) The reason those tenants left assisted units, when that information is readily obtainable. +(id) The housing status of a tenant exiting an assisted unit upon exit when that information is readily available. +(ii) Client data, which may include, but is not limited to, demographic characteristics of the veteran and his or her family, educational and employment status of the veteran, and veteran-specific information including, but not limited to, disability ratings, type of discharge, branch, era of service, and veterans affairs health care eligibility. +SEC. 3. +Section 50408 of the Health and Safety Code is amended to read: +50408. +(a) On or before December 31 of each year, the department shall submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, including, but not limited to, the Emergency Housing and Assistance Program and Community Development Block Grant activity. +(b) The report shall include all of the following information: +(1) The number of units assisted by those programs. +(2) The number of individuals and households served and their income levels. +(3) The distribution of units among various areas of the state. +(4) The amount of other public and private funds leveraged by the assistance provided by those programs. +(5) Information detailing the assistance provided to various groups of persons by programs that are targeted to assist those groups. +(6) The information required to be reported pursuant to Section 17031.8. +(7) (A) An evaluation, in collaboration with the Department of Veterans Affairs, of any program established by the department pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code, including information relating to the effectiveness of assisted projects in helping veterans occupying any supportive housing or transitional housing development that was issued funds pursuant to that article. +(B) The evaluation shall include, but is not limited to, the following information: +(i) Performance outcome data including, but not limited to, housing stability, housing exit information, and tenant satisfaction, which may be measured by a survey, and changes in income, benefits, and education. +(I) For purposes of this paragraph, the term “housing stability” includes, but is not limited to, how many tenants exit transitional housing to permanent housing or maintain permanent housing, and the length of time those tenants spent in assisted units. +(II) For purposes of this paragraph, the term “housing exit information” includes, but is not limited to, the following: +(ia) How many tenants left assisted units. +(ib) The length of tenancy in assisted units. +(ic) The reason those tenants left assisted units, when that information is readily obtainable. +(id) The housing status of a tenant exiting an assisted unit upon exit when that information is readily available. +(ii) Client data, which may include, but is not limited to, demographic characteristics of the veteran and his or her family, educational and employment status of the veteran, and veteran-specific information including, but not limited to, disability ratings, type of discharge, branch, era of service, and veterans affairs health care eligibility. +(8) An evaluation of any program established by the department to meet the legal requirements of the Federal Housing Trust Fund program guidelines. +SEC. 4. +Section 3 of this bill incorporates amendments to Section 50408 of the Health and Safety Code proposed by both this bill and Assembly Bill 90. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 50408 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 90, in which case Section 2 of this bill shall not become operative.","Existing law requires the Department of Housing and Community Development to submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department. Existing law requires the report to include, among other things, an evaluation, in collaboration with the Department of Veterans Affairs, of any program established by the department pursuant to the Veterans Housing and Homeless Prevention Act of 2014. +This bill would additionally require the evaluation to include information relating to the effectiveness of assisted projects in helping veterans occupying any supportive housing or transitional housing development that was issued funds pursuant to that act, as specified. +This bill would incorporate changes to Section 50408 of the Health and Safety Code proposed by both this bill and AB 90, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.","An act to amend Section 50408 of the Health and Safety Code, relating to housing." +500,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1259 of the Health and Safety Code is amended to read: +1259. +(a) (1) The Legislature finds and declares that California is becoming a land of people whose languages and cultures give the state a global quality. The Legislature further finds and declares that access to basic health care services is the right of every resident of the state, and that access to information regarding basic health care services is an essential element of that right. +(2) Therefore, it is the intent of the Legislature that when language or communication barriers exist between patients and the staff of any general acute care hospital, arrangements shall be made for interpreters or bilingual professional staff to ensure adequate and speedy communication between patients and staff. +(b) As used in this section: +(1) “Interpreter” means a person fluent in English and in the necessary second language, who can accurately speak, read, and readily interpret the necessary second language, or a person who can accurately sign and read sign language. Interpreters shall have the ability to translate the names of body parts and to describe competently symptoms and injuries in both languages. Interpreters may include members of the medical or professional staff. +(2) “Language or communication barriers” means: +(A) With respect to spoken language, barriers that are experienced by individuals who are limited-English-speaking or non-English-speaking individuals who speak the same primary language and who comprise at least 5 percent of the population of the geographical area served by the hospital or of the actual patient population of the hospital. In cases of dispute, the state department shall determine, based on objective data, whether the 5 percent population standard applies to a given hospital. +(B) With respect to sign language, barriers that are experienced by individuals who are deaf and whose primary language is sign language. +(c) To ensure access to health care information and services for limited-English-speaking or non-English-speaking residents and deaf residents, licensed general acute care hospitals shall: +(1) Review existing policies regarding interpreters for patients with limited-English proficiency and for patients who are deaf, including the availability of staff to act as interpreters. +(2) (A) (i) Adopt and review annually a policy for providing language assistance services to patients with language or communication barriers. The policy shall include procedures for providing, to the extent possible, as determined by the hospital, the use of an interpreter whenever a language or communication barrier exists, except when the patient, after being informed of the availability of the interpreter service, chooses to use a family member or friend who volunteers to interpret. The procedures shall be designed to maximize efficient use of interpreters and minimize delays in providing interpreters to patients. The procedures shall ensure, to the extent possible, as determined by the hospital, that interpreters are available, either on the premises or accessible by telephone, 24 hours a day. +(ii) The hospital shall, on or before July 1, 2016, and every January 1 thereafter, make the updated policy and a notice of availability of language assistance services available to the public on its Internet Web site. The notice shall be in English and in the other languages most commonly spoken in the hospital’s service area. For purposes of this paragraph, the hospital shall make the notice available in the language of individuals who meet the definition of having a language barrier pursuant to subparagraph (A) of paragraph (2) of subdivision (b); however, a hospital is not required to make the notice available in more than five languages other than English. +(B) (i) The hospital shall, on or before July 1, 2016, and every January 1 thereafter, transmit to the department a copy of the updated policy and shall include a description of its efforts to ensure adequate and speedy communication between patients with language or communication barriers and staff. +(ii) The department shall make the updated policy available to the public on its Internet Web site. +(3) Develop, and post in conspicuous locations, notices that advise patients and their families of the availability of interpreters, the procedure for obtaining an interpreter and the telephone numbers where complaints may be filed concerning interpreter service problems, including, but not limited to, a T.D.D. number for the hearing impaired. The notices shall be posted, at a minimum, in the emergency room, the admitting area, the entrance, and in outpatient areas. Notices shall inform patients that interpreter services are available upon request, shall list the languages for which interpreter services are available, shall instruct patients to direct complaints regarding interpreter services to the state department, and shall provide the local address and telephone number of the state department, including, but not limited to, a T.D.D. number for the hearing impaired. +(4) Identify and record a patient’s primary language and dialect on one or more of the following: patient medical chart, hospital bracelet, bedside notice, or nursing card. +(5) Prepare and maintain as needed a list of interpreters who have been identified as proficient in sign language and in the languages of the population of the geographical area serviced who have the ability to translate the names of body parts, injuries, and symptoms. +(6) Notify employees of the hospital’s commitment to provide interpreters to all patients who request them. +(7) Review all standardized written forms, waivers, documents, and informational materials available to patients upon admission to determine which to translate into languages other than English. +(8) Consider providing its nonbilingual staff with standardized picture and phrase sheets for use in routine communications with patients who have language or communication barriers. +(9) Consider developing community liaison groups to enable the hospital and the limited-English-speaking and deaf communities to ensure the adequacy of the interpreter services. +(d) Noncompliance with this section shall be reportable to licensing authorities. +(e) Section 1290 shall not apply to this section. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, including general acute care hospitals. A violation of these provisions is a crime. Existing law requires those hospitals to adopt and review annually a policy for providing language assistance services to patients with language or communication barriers, as defined. Existing law requires a hospital to annually transmit to the department a copy of its updated policy and to include a description of its efforts to ensure adequate and speedy communication between patients with language or communication barriers and staff. +This bill would require a general acute care hospital and the department to make the hospital’s updated policy available annually to the public on their respective Internet Web sites. The bill would also require a general acute care hospital to post on its Internet Web site a notice, in English and in the other most commonly spoken languages in the hospital’s service area, of the availability of language assistance services. Because a violation of these provisions by a health facility would be a crime, the bill would impose a state-mandated local program. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1259 of the Health and Safety Code, relating to health facilities." +501,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 296 of the Penal Code is amended to read: +296. +(a) The following persons shall provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required pursuant to this chapter for law enforcement identification analysis: +(1) Any person, including any juvenile, who is convicted of or pleads guilty or no contest to any felony offense, or is found not guilty by reason of insanity of any felony offense, or any juvenile who is adjudicated under Section 602 of the Welfare and Institutions Code for committing any felony offense. +(2) Any adult person who is arrested for or charged with any of the following felony offenses: +(A) Any felony offense specified in Section 290 or attempt to commit any felony offense described in Section 290, or any felony offense that imposes upon a person the duty to register in California as a sex offender under Section 290. +(B) Murder or voluntary manslaughter or any attempt to commit murder or voluntary manslaughter. +(C) Commencing on January 1 of the fifth year following enactment of the act that added this subparagraph, as amended, any adult person arrested or charged with any felony offense. +(3) Any person, including any juvenile, who is required to register under Section 290 or 457.1 because of the commission of, or the attempt to commit, a felony or misdemeanor offense, or any person, including any juvenile, who is housed in a mental health facility or sex offender treatment program after referral to such facility or program by a court after being charged with any felony offense. +(4) Any person, excluding a juvenile, +who has a prior misdemeanor conviction of Section 136.1, 136.5, 171b, or 186.28, subdivision (b), (c), or (d) of Section 243, Section 243.4, 244.5, 245, 245.5, 417, 417.6, 422, 646.9, or 25300, subdivision (d) of Section 26100, or Section 32625, and +who is convicted of, or pleads guilty or no contest to, any of the following offenses: +(A) A misdemeanor violation of Section 459.5. +(B) Any misdemeanor punishable pursuant to subdivision (b) of Section 473. +(C) A violation of subdivision (a) of Section 476a that is punishable as a misdemeanor pursuant to subdivision (b) of Section 476a. +(D) A violation of Section 487 that is punishable as a misdemeanor pursuant to Section 490.2. +(E) A violation of Section 496 that is punishable as a misdemeanor. +(F) A misdemeanor violation of subdivision (a) of Section 11350 of the Health and Safety Code. +(G) A misdemeanor violation of subdivision (a) of Section 11357 of the Health and Safety Code. +(H) A misdemeanor violation of subdivision (a) of Section 11377 of the Health and Safety Code. +(I) A misdemeanor violation of Section 666. +(5) The term “felony” as used in this subdivision includes an attempt to commit the offense. +(6) Nothing in this chapter shall be construed as prohibiting collection and analysis of specimens, samples, or print impressions as a condition of a plea for nonqualifying offense. +(b) The provisions of this chapter and its requirements for submission of specimens, samples and print impressions as soon as administratively practicable shall apply to all qualifying persons regardless of sentence imposed, including any sentence of death, life without the possibility of parole, or any life or indeterminate term, or any other disposition rendered in the case of an adult or juvenile tried as an adult, or whether the person is diverted, fined, or referred for evaluation, and regardless of disposition rendered or placement made in the case of juvenile who is found to have committed any felony offense or is adjudicated under Section 602 of the Welfare and Institutions Code. +(c) The provisions of this chapter and its requirements for submission of specimens, samples, and print impressions as soon as administratively practicable by qualified persons as described in subdivision (a) shall apply regardless of placement or confinement in any mental hospital or other public or private treatment facility, and shall include, but not be limited to, the following persons, including juveniles: +(1) Any person committed to a state hospital or other treatment facility as a mentally disordered sex offender under Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. +(2) Any person who has a severe mental disorder as set forth within the provisions of Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code. +(3) Any person found to be a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. +(d) The provisions of this chapter are mandatory and apply whether or not the court advises a person, including any juvenile, that he or she must provide the data bank and database specimens, samples, and print impressions as a condition of probation, parole, or any plea of guilty, no contest, or not guilty by reason of insanity, or any admission to any of the offenses described in subdivision (a). +(e) If at any stage of court proceedings the prosecuting attorney determines that specimens, samples, and print impressions required by this chapter have not already been taken from any person, as defined under subdivision (a) of Section 296, the prosecuting attorney shall notify the court orally on the record, or in writing, and request that the court order collection of the specimens, samples, and print impressions required by law. However, a failure by the prosecuting attorney or any other law enforcement agency to notify the court shall not relieve a person of the obligation to provide specimens, samples, and print impressions pursuant to this chapter. +(f) Prior to final disposition or sentencing in the case the court shall inquire and verify that the specimens, samples, and print impressions required by this chapter have been obtained and that this fact is included in the abstract of judgment or dispositional order in the case of a juvenile. The abstract of judgment issued by the court shall indicate that the court has ordered the person to comply with the requirements of this chapter and that the person shall be included in the state’s DNA and Forensic Identification Data Base and Data Bank program and be subject to this chapter. +However, failure by the court to verify specimen, sample, and print impression collection or enter these facts in the abstract of judgment or dispositional order in the case of a juvenile shall not invalidate an arrest, plea, conviction, or disposition, or otherwise relieve a person from the requirements of this chapter. +SEC. 2. +Section 299 of the Penal Code is amended to read: +299. +(a) A person whose DNA profile has been included in the data bank pursuant to this chapter shall have his or her DNA specimen and sample destroyed and searchable database profile expunged from the data bank program pursuant to the procedures set forth in subdivision (b) if the person has no past or present offense or pending charge which qualifies that person for inclusion within the state’s DNA and Forensic Identification Database and Data Bank Program and there otherwise is no legal basis for retaining the specimen or sample or searchable profile. +(b) Pursuant to subdivision (a), a person who has no past or present qualifying offense, and for whom there otherwise is no legal basis for retaining the specimen or sample or searchable profile, may make a written request to have his or her specimen and sample destroyed and searchable database profile expunged from the data bank program if: +(1) Following arrest, no accusatory pleading has been filed within the applicable period allowed by law charging the person with a qualifying offense as set forth in subdivision (a) of Section 296 or if the charges which served as the basis for including the DNA profile in the state’s DNA Database and Data Bank Identification Program have been dismissed prior to adjudication by a trier of fact; +(2) The underlying conviction or disposition serving as the basis for including the DNA profile has been reversed and the case dismissed; +(3) The person has been found factually innocent of the underlying offense pursuant to Section 851.8, or Section 781.5 of the Welfare and Institutions Code; or +(4) The defendant has been found not guilty or the defendant has been acquitted of the underlying offense. +(c) (1) The person requesting the data bank entry to be expunged must send a copy of his or her request to the trial court of the county where the arrest occurred, or that entered the conviction or rendered disposition in the case, to the DNA Laboratory of the Department of Justice, and to the prosecuting attorney of the county in which he or she was arrested or, convicted, or adjudicated, with proof of service on all parties. The court has the discretion to grant or deny the request for expungement. The denial of a request for expungement is a nonappealable order and shall not be reviewed by petition for writ. +(2) Except as provided below, the Department of Justice shall destroy a specimen and sample and expunge the searchable DNA database profile pertaining to the person who has no present or past qualifying offense of record upon receipt of a court order that verifies the applicant has made the necessary showing at a noticed hearing, and that includes all of the following: +(A) The written request for expungement pursuant to this section. +(B) A certified copy of the court order reversing and dismissing the conviction or case, or a letter from the district attorney certifying that no accusatory pleading has been filed or the charges which served as the basis for collecting a DNA specimen and sample have been dismissed prior to adjudication by a trier of fact, the defendant has been found factually innocent, the defendant has been found not guilty, the defendant has been acquitted of the underlying offense, or the underlying conviction has been reversed and the case dismissed. +(C) Proof of written notice to the prosecuting attorney and the Department of Justice that expungement has been requested. +(D) A court order verifying that no retrial or appeal of the case is pending, that it has been at least 180 days since the defendant or minor has notified the prosecuting attorney and the Department of Justice of the expungement request, and that the court has not received an objection from the Department of Justice or the prosecuting attorney. +(d) Upon order from the court, the Department of Justice shall destroy any specimen or sample collected from the person and any searchable DNA database profile pertaining to the person, unless the department determines that the person is subject to the provisions of this chapter because of a past qualifying offense of record or is or has otherwise become obligated to submit a blood specimen or buccal swab sample as a result of a separate arrest, conviction, juvenile adjudication, or finding of guilty or not guilty by reason of insanity for an offense described in subdivision (a) of Section 296, or as a condition of a plea. +The Department of Justice is not required to destroy analytical data or other items obtained from a blood specimen or saliva, or buccal swab sample, if evidence relating to another person subject to the provisions of this chapter would thereby be destroyed or otherwise compromised. +Any identification, warrant, probable cause to arrest, or arrest based upon a data bank or database match is not invalidated due to a failure to expunge or a delay in expunging records. +(e) Notwithstanding any other provision of law, the Department of Justice DNA Laboratory is not required to expunge DNA profile or forensic identification information or destroy or return specimens, samples, or print impressions taken pursuant to this section if the duty to register under Section 290 or 457.1 is terminated. +(f) Notwithstanding any other provision of law, including Sections 17, +1170.18, +1203.4, and 1203.4a, a judge is not authorized to relieve a person of the separate administrative duty to provide specimens, samples, or print impressions required by this chapter if a person has been found guilty or was adjudicated a ward of the court by a trier of fact of a qualifying offense as defined in subdivision (a) of Section 296, or was found not guilty by reason of insanity or pleads no contest to a qualifying offense as defined in subdivision (a) of Section 296. +SEC. 2. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, as amended by the DNA Act, requires a person who has been convicted of a felony offense to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. Existing law makes these provisions retroactive, regardless of when the crime charged or committed became a qualifying offense. +This bill would expand these provisions to require persons convicted of specified +misdemeanors, if they have a prior conviction of other specified misdemeanors, +misdemeanors +to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. By imposing additional duties on local law enforcement agencies to collect and forward these samples, this bill would impose a state-mandated local program. +Existing law prohibits a judge from relieving a person of the separate administrative duty to provide specimens, samples, or print impressions required by the DNA Act if the person has been found guilty of an offense for which DNA collection is required. Existing law, added by Proposition 47, allows a person to petition the court for resentencing if he or she was convicted of a felony that was reduced to a misdemeanor by Proposition 47. Existing law requires the court to resentence the petitioner, unless the court determines that the person would pose an unreasonable risk to public safety. +This bill would clarify that the prohibition on judges relieving a person of the duty to provide specimens, samples, or print impressions is not affected by resentencing under Proposition 47. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend +Section 296 +Sections 296 and 299 +of the Penal Code, relating to DNA evidence." +502,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2170 of the Elections Code is amended to read: +2170. +(a) “Conditional voter registration” means a properly executed affidavit of registration, which is delivered by the registrant to a county elections official during the 14 days immediately preceding an election or on election day and which may be deemed effective pursuant to this article after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information, as specified in subdivision (c). +(b) In addition to other methods of voter registration provided by this code, an elector who is otherwise qualified to register to vote under this code and Section 2 of Article II of the California Constitution may complete a conditional voter registration and cast a provisional ballot during the 14 days immediately preceding an election or on election day pursuant to this article. +(c) (1) A conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the information provided by the registrant on the registration affidavit matches information contained in a database maintained by the +California +Department of Motor Vehicles or the federal Social Security Administration. +(2) If the information provided by the registrant on the registration affidavit cannot be verified pursuant to paragraph (1) but the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to Section 2150 and the conditional voter registration shall be deemed effective. +(3) In order for a conditional voter registration to be deemed effective as described in paragraph (2), the registrant shall provide proof of residence pursuant to subdivision (a) of Section 2170.5. +(d) The county elections official shall offer conditional voter registration and provisional voting pursuant to this article, in accordance with the following procedures: +(1) The +county +elections official shall provide conditional voter registration and provisional voting pursuant to this article at all permanent offices of the county elections official in the county. +(2) The +county +elections official shall advise registrants that a conditional voter registration will be effective only if the registrant is determined to be eligible to register to vote for the election and the information provided by the registrant on the registration affidavit is verified pursuant to subdivision (c). +(3) The +county +elections official shall conduct the receipt and handling of each conditional voter registration and offer and receive a corresponding provisional ballot in a manner that protects the secrecy of the ballot and allows the +county +elections official to process the registration, to determine the registrant’s eligibility to register, and to validate the registrant’s information before counting or rejecting the corresponding provisional ballot. +(4) After receiving a conditional voter registration, the +county +elections official shall process the registration, determine the registrant’s eligibility to register, and attempt to validate the information. +(5) If a conditional registration is deemed effective, the +county +elections official shall include the corresponding provisional ballot in the official canvass. +(e) The county elections official may offer conditional voter registration and provisional voting pursuant to this article on election day at satellite offices of the county elections office, in accordance with the procedures specified in paragraphs (2) to (5), inclusive, of subdivision (d). +SEC. 2. +Section 2170.5 is added to the Elections Code, to read: +2170.5. +(a) A person who completes a conditional voter registration pursuant to this article shall provide proof of residence in order to register to vote during the 14 days immediately preceding an election or on election day. Proof of residence shall include any of the following: +(1) A valid California driver’s license, driver’s instruction permit, or identification card. +(2) A valid student identification card with an identifying photograph. +(3) A tribal identification card with an identifying photograph and signature. +(4) Photo identification, which may include a driver’s license, state identification card, passport, military identification card, tribal identification card, or student identification card, and a current bill identifying the name and address of the registrant, which may include a utility bill due within 30 days of election day, a rent statement dated within 30 days of election day, or a current student fee statement. +(b) If a conditional voter registration is not deemed effective pursuant to this article, the elections official shall process the affidavit of registration pursuant to Sections 2102 and 2107 and, if the registrant meets all other eligibility requirements to register to vote, the registration shall be deemed effective in forthcoming elections. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes conditional voter registration, using an affidavit of registration, whereby a person is permitted to register to vote after the 15th day before an election or on election day, and cast a provisional ballot to be counted if the conditional voter registration is deemed effective. Existing law establishes the procedures and requirements for determining whether a conditional voter registration is deemed effective, requires the county elections official to offer conditional voter registration and provisional voting at its permanent offices, and authorizes the official to offer this registration and voting at satellite offices on election day. +This bill would require that a registrant provide proof of residence, as specified, in order for a conditional voter registration to be deemed effective. If a conditional voter registration is not deemed effective, the bill would require the elections official to process the affidavit of registration, as specified, and if all other eligibility requirements are met, would require the registration to be effective in forthcoming elections. By imposing additional duties on county election officials, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 2170 of, and to add Section 2170.5 to, the Elections Code, relating to elections." +503,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 56133 of the Government Code is amended to read: +56133. +(a) A city or district may provide new or extended services by contract or agreement outside its jurisdictional boundary only if it first requests and receives written approval from the commission. +(b) The commission may authorize a city or district to provide new or extended services outside its jurisdictional boundary but within its sphere of influence in anticipation of a later change of organization. +(c) If consistent with adopted policy, the commission may authorize a city or district to provide new or extended services outside its jurisdictional boundary and outside its sphere of influence to respond to an existing or impending threat to the health or safety of the public or the residents of the affected territory, if both of the following requirements are met: +(1) The entity applying for approval has provided the commission with documentation of a threat to the health and safety of the public or the affected residents. +(2) The commission has notified any alternate service provider, including any water corporation as defined in Section 241 of the Public Utilities Code, that has filed a map and a statement of its service capabilities with the commission. +(d) The executive officer, within 30 days of receipt of a request for approval by a city or district to extend services outside its jurisdictional boundary, shall determine whether the request is complete and acceptable for filing or whether the request is incomplete. If a request is determined not to be complete, the executive officer shall immediately transmit that determination to the requester, specifying those parts of the request that are incomplete and the manner in which they can be made complete. When the request is deemed complete, the executive officer shall place the request on the agenda of the next commission meeting for which adequate notice can be given but not more than 90 days from the date that the request is deemed complete, unless the commission has delegated approval of requests made pursuant to this section to the executive officer. The commission or executive officer shall approve, disapprove, or approve with conditions the extended services. If the new or extended services are disapproved or approved with conditions, the applicant may request reconsideration, citing the reasons for reconsideration. +(e) This section does not apply to two or more public agencies where the public service to be provided is an alternative to, or substitute for, public services already being provided by an existing public service provider and where the level of service to be provided is consistent with the level of service contemplated by the existing service provider. +(f) This section does not apply to the transfer of nonpotable or nontreated water. +(g) This section does not apply to the provision of surplus water to agricultural lands and facilities, including, but not limited to, incidental residential structures, for projects that serve conservation purposes or that directly support agricultural industries. However, prior to extending surplus water service to any project that will support or induce development, the city or district shall first request and receive written approval from the commission in the affected county. +(h) This section does not apply to an extended service that a city or district was providing on or before January 1, 2001. +(i) This section does not apply to a local publicly owned electric utility, as defined by Section 9604 of the Public Utilities Code, providing electric services that do not involve the acquisition, construction, or installation of electric distribution facilities by the local publicly owned electric utility, outside of the utility’s jurisdictional boundary. +(j) This section applies only to the commission of the county in which the extension of service is proposed. +SEC. 1.5. +Section 56133 of the Government Code is amended to read: +56133. +(a) A city or district may provide new or extended services by contract or agreement outside its jurisdictional boundary only if it first requests and receives written approval from the commission. +(b) The commission may authorize a city or district to provide new or extended services outside its jurisdictional boundary but within its sphere of influence in anticipation of a later change of organization. +(c) If consistent with adopted policy, the commission may authorize a city or district to provide new or extended services outside its jurisdictional boundary and outside its sphere of influence to respond to an existing or impending threat to the health or safety of the public or the residents of the affected territory, if both of the following requirements are met: +(1) The entity applying for approval has provided the commission with documentation of a threat to the health and safety of the public or the affected residents. +(2) The commission has notified any alternate service provider, including any water corporation as defined in Section 241 of the Public Utilities Code, that has filed a map and a statement of its service capabilities with the commission. +(d) The executive officer, within 30 days of receipt of a request for approval by a city or district to extend services outside its jurisdictional boundary, shall determine whether the request is complete and acceptable for filing or whether the request is incomplete. If a request is determined not to be complete, the executive officer shall immediately transmit that determination to the requester, specifying those parts of the request that are incomplete and the manner in which they can be made complete. When the request is deemed complete, the executive officer shall place the request on the agenda of the next commission meeting for which adequate notice can be given but not more than 90 days from the date that the request is deemed complete, unless the commission has delegated approval of requests made pursuant to this section to the executive officer. The commission or executive officer shall approve, disapprove, or approve with conditions the extended services. If the new or extended services are disapproved or approved with conditions, the applicant may request reconsideration, citing the reasons for reconsideration. +(e) This section does not apply to any of the following: +(1) Two or more public agencies where the public service to be provided is an alternative to, or substitute for, public services already being provided by an existing public service provider and where the level of service to be provided is consistent with the level of service contemplated by the existing service provider. +(2) The transfer of nonpotable or nontreated water. +(3) The provision of surplus water to agricultural lands and facilities, including, but not limited to, incidental residential structures, for projects that serve conservation purposes or that directly support agricultural industries. However, prior to extending surplus water service to any project that will support or induce development, the city or district shall first request and receive written approval from the commission in the affected county. +(4) An extended service that a city or district was providing on or before January 1, 2001. +(5) A local publicly owned electric utility, as defined by Section 9604 of the Public Utilities Code, providing electric services that do not involve the acquisition, construction, or installation of electric distribution facilities by the local publicly owned electric utility, outside of the utility’s jurisdictional boundary. +(6) A fire protection contract, as defined in subdivision (a) of Section 56134. +(f) This section applies only to the commission of the county in which the extension of service is proposed. +SEC. 2. +Section 56133.5 is added to the Government Code, to read: +56133.5. +(a) A pilot program is hereby established for the Napa and San Bernardino commissions. If consistent with adopted policy, the Napa and San Bernardino commissions may authorize a city or district to provide new or extended services outside its jurisdictional boundary and outside its sphere of influence to support existing or planned uses involving public or private properties, subject to approval at a noticed public hearing in which the commission makes all of the following determinations: +(1) The extension of service or services deficiency was identified and evaluated in a review of municipal services prepared pursuant to Section 56430. +(2) The extension of service will not result in either (1) adverse impacts on open space or agricultural lands or (2) growth inducing impacts. +(3) A sphere of influence change involving the subject territory and its affected agency is not feasible under this division or desirable based on the adopted policies of the commission. +(b) Subdivision (d) of Section 56133 shall apply to any request for new or extended services pursuant to this section. +(c) For purposes of this section, “planned use” means any project that is included in an approved specific plan as of July 1, 2015. +(d) The Napa and San Bernardino commissions shall submit a report before January 1, 2020, to the Legislature on their participation in the pilot program, including how many requests for extension of services were received pursuant to this section and the action by the commission to approve, disapprove, or approve with conditions. The report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. +(e) The pilot program established pursuant to this section shall be consistent with Chapter 8.5 (commencing with Section 1501) of the Public Utilities Code. +(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. +SEC. 3. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in Napa and San Bernardino. +SEC. 4. +Section 1.5 of this bill incorporates amendments to Section 56133 of the Government Code proposed by both this bill and Senate Bill 239. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 56133 of the Government Code, and (3) this bill is enacted after Senate Bill 239, in which case Section 1 of this bill shall not become operative.","The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 governs the procedures for the formation and change of organization of cities and special districts. Existing law permits a city or district to provide extended services, as defined, outside its jurisdictional boundaries only if it first requests and receives written approval from the local agency formation commission in the affected county. Under existing law, the commission may authorize a city or district to provide new or extended services outside both its jurisdictional boundaries and its sphere of influence under specified circumstances, including when responding to an impending threat to the public health or safety of the residents in the affected territory where specified requirements are met. +This bill would revise the circumstances under which the commission may authorize a city or district to provide new or extended services. This bill would additionally establish a pilot program, until January 1, 2021, for the Napa and San Bernardino commissions that would permit those commissions to authorize a city or district to provide new or extended services outside both its jurisdictional boundaries and its sphere of influence under specified circumstances. +This bill would make legislative findings and declarations as to the necessity of a special statute for the Napa and San Bernardino commissions. +This bill would incorporate additional changes to Section 56133 of the Government Code proposed by SB 239 that would become operative if this bill and SB 239 are both enacted and this bill is enacted last.","An act to amend Section 56133 of, and to add and repeal Section 56133.5 of, the Government Code, relating to local agency formation." +504,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 70901 of the Education Code is amended to read: +70901. +(a) The Board of Governors of the California Community Colleges shall provide leadership and direction in the continuing development of the California Community Colleges as an integral and effective element in the structure of public higher education in the state. The work of the board of governors shall at all times be directed to maintaining and continuing, to the maximum degree permissible, local authority and control in the administration of the California Community Colleges. +(b) Subject to, and in furtherance of, subdivision (a), and in consultation with community college districts and other interested parties as specified in subdivision (e), the board of governors shall provide general supervision over community college districts, and shall, in furtherance of those purposes, perform the following functions: +(1) Establish minimum standards as required by law, including, but not limited to, the following: +(A) Minimum standards to govern student academic standards relating to graduation requirements and probation, dismissal, and readmission policies. +(B) Minimum standards for the employment of academic and administrative staff in community colleges. +(C) Minimum standards for the formation of community colleges and districts. +(D) Minimum standards for credit and noncredit classes. +(E) Minimum standards governing procedures established by governing boards of community college districts to ensure faculty, staff, and students the right to participate effectively in district and college governance, and the opportunity to express their opinions at the campus level and to ensure that these opinions are given every reasonable consideration, and the right of academic senates to assume primary responsibility for making recommendations in the areas of curriculum and academic standards. +(2) Evaluate and issue annual reports on the fiscal and educational effectiveness of community college districts according to outcome measures cooperatively developed with those districts, and provide assistance when districts encounter severe management difficulties. +(3) Conduct necessary systemwide research on community colleges, and provide appropriate information services, including, but not limited to, definitions for the purpose of uniform reporting, collection, compilation, and analysis of data for effective planning and coordination, and dissemination of information. +(4) (A) Provide representation, advocacy, and accountability for the California Community Colleges before state and national legislative and executive agencies. +(B) In order to wholly engage in the recognition review process of an accrediting agency pursuant to subdivision (c) of Section 72208, conduct a survey of the community colleges, including consultation with representatives of both faculty and classified personnel, to develop a report to be transmitted to the United States Department of Education and the National Advisory Committee on Institutional Quality and Integrity that reflects a systemwide evaluation of the regional accrediting agency based on the criteria used to determine an accreditor’s status. +(5) Administer state support programs, both operational and capital outlay, and those federally supported programs for which the board of governors has responsibility pursuant to state or federal law. In so doing, the board of governors shall do the following: +(A) (i) Annually prepare and adopt a proposed budget for the California Community Colleges. The proposed budget shall, at a minimum, identify the total revenue needs for serving educational needs within the mission, the amount to be expended for the state general apportionment, the amounts requested for various categorical programs established by law, the amounts requested for new programs and budget improvements, and the amount requested for systemwide administration. +(ii) The proposed budget for the California Community Colleges shall be submitted to the Department of Finance in accordance with established timelines for development of the annual Budget Bill. +(B) To the extent authorized by law, establish the method for determining and allocating the state general apportionment. +(C) Establish space and utilization standards for facility planning in order to determine eligibility for state funds for construction purposes. +(6) (A) Establish minimum conditions entitling districts to receive state aid for support of community colleges. In so doing, the board of governors shall establish and carry out a periodic review of each community college district to determine whether it has met the minimum conditions prescribed by the board of governors. +(B) In determining whether a community college district satisfies the minimum conditions established pursuant to this section, the board of governors shall review the regional accreditation status of the community colleges within that district. +(7) Coordinate and encourage interdistrict, regional, and statewide development of community college programs, facilities, and services. +(8) Facilitate articulation with other segments of higher education with secondary education. +(9) Review and approve comprehensive plans for each community college district. The plans shall be submitted to the board of governors by the governing board of each community college district. +(10) Review and approve all educational programs offered by community college districts and all courses that are not offered as part of an educational program approved by the board of governors. +(11) Exercise general supervision over the formation of new community college districts and the reorganization of existing community college districts, including the approval or disapproval of plans therefor. +(12) Notwithstanding any other provision of law, be solely responsible for establishing, maintaining, revising, and updating, as necessary, the uniform budgeting and accounting structures and procedures for the California Community Colleges. +(13) Establish policies regarding interdistrict attendance of students. +(14) Advise and assist governing boards of community college districts on the implementatiots so as to ensure their participation in the development and review of policy proposals. The consultation process shall also afford community college organizations, as well as interested individuals and parties, an opportunity to review and comment on proposed policy before it is adopted by the board of governors. +SEC. 2. +Section 72208 of the Education Code is amended to read: +72208. +(a) The regional accrediting agency for the community colleges shall report to the appropriate policy and budget subcommittees of the Legislature upon the issuance of a decision that affects the accreditation status of a community college and, on a biannual basis, report any accreditation policy changes that affect the accreditation process or status for a community college. +(b) The Office of the Chancellor of the California Community Colleges shall ensure that the appropriate policy and budget subcommittees of the Legislature are provided the information required to be reported pursuant to subdivision (a). +(c) The regional accrediting agency shall report to the board of governors as soon as practicable after the National Advisory Committee on Institutional Quality and Integrity has notified the regional accrediting agency of the date by which the agency’s application for continued recognition is due.","(1) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law imposes numerous duties on the board of governors with respect to these administrative responsibilities, including a requirement to review the accreditation status of community colleges in certain circumstances. +This bill would add to the duties of the board of governors by requiring it to conduct a survey of the community colleges, including consultation with representatives of both faculty and classified personnel, to develop a report to be transmitted to the United States Department of Education and the National Advisory Committee on Institutional Quality and Integrity that reflects a systemwide evaluation of the regional accrediting agency based on the criteria used to determine an accreditor’s status. +(2) Existing law requires the accrediting agency for the community colleges to report to the appropriate policy and budget subcommittees of the Legislature upon the issuance of a decision that affects the accreditation status of a community college and, on a biannual basis, to report any accreditation policy changes that affect the accreditation process or status for a community college. +This bill would require the regional accrediting agency for the community colleges to report to the board of governors as soon as practicable after the National Advisory Committee on Institutional Quality and Integrity has notified the regional accrediting agency of the date by which the agency’s application for continued recognition is due.","An act to amend Sections 70901 and 72208 of the Education Code, relating to community colleges." +505,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 56000.5 of the Education Code is amended to read: +56000.5. +(a) The Legislature finds and declares that: +(1) Pupils with low-incidence disabilities, as a group, make up less than 1 percent of the total statewide enrollment for kindergarten through grade 12. +(2) Pupils with low-incidence disabilities require highly specialized services, equipment, and materials. +(b) The Legislature further finds and declares that: +(1) Deafness involves the most basic of human needs—the ability to communicate with other human beings. Many +hard-of-hearing and deaf +hard-of-hearing +, deaf, and nonverbal +children use an appropriate communication mode, sign language, which may be their primary language, while others express and receive language orally and aurally, with or without visual signs or cues. Still others, typically young +hard-of-hearing and deaf +hard-of-hearing +, deaf, and nonverbal +children, lack any significant language skills. It is essential for the well-being and growth of +hard-of-hearing and deaf +hard-of-hearing +, deaf, and nonverbal +children that educational programs recognize the unique nature of deafness and ensure that all +hard-of-hearing and deaf +hard-of-hearing +, deaf, and nonverbal +children have appropriate, ongoing, and fully accessible educational opportunities. +(2) It is essential that +hard-of-hearing and deaf +hard-of-hearing, deaf, and nonverbal +children, like all children, have an education in which their unique communication mode is respected, utilized, and developed to an appropriate level of proficiency. +(3) It is essential that +hard-of-hearing and deaf +hard-of-hearing, deaf, and nonverbal +children have an education in which special education teachers, psychologists, speech therapists, assessors, administrators, and other special education personnel understand the unique nature of deafness and are specifically trained to work with +hard-of-hearing and deaf +hard-of-hearing, deaf, and nonverbal +pupils. It is essential that +hard-of-hearing and deaf +hard-of-hearing +, deaf, and nonverbal +children have an education in which their special education teachers are proficient in the primary language mode of those children. +(4) It is essential that +hard-of-hearing and deaf +hard-of-hearing +, deaf, and nonverbal +children, like all children, have an education with a sufficient number of language mode peers with whom they can communicate directly and who are of the same, or approximately the same, age and ability level. +(5) It is essential that +hard-of-hearing and deaf +hard-of-hearing +, deaf, and nonverbal +children have an education in which their parents and, where appropriate, +hard-of-hearing and deaf +hard-of-hearing +, deaf, and nonverbal +people are involved in determining the extent, content, and purpose of programs. +(6) +Hard-of-hearing and deaf +hard-of-hearing +, deaf, and nonverbal +children would benefit from an education in which they are exposed to +hard-of-hearing and deaf +hard-of-hearing +, deaf, and nonverbal +role models. +(7) It is essential that +hard-of-hearing and deaf +hard-of-hearing +, deaf, and nonverbal +children, like all children, have programs in which they have direct and appropriate access to all components of the educational process, including, but not limited to, recess, lunch, and extracurricular social and athletic activities. +(8) It is essential that +hard-of-hearing and deaf +hard-of-hearing +, deaf, and nonverbal +children, like all children, have programs in which their unique vocational needs are provided for, including appropriate research, curricula, programs, staff, and outreach. +(9) Each +hard-of-hearing and deaf +hard-of-hearing +, deaf, and nonverbal +child should have a determination of the least restrictive educational environment that takes into consideration these legislative findings and declarations. +(10) Given their unique communication needs, +hard-of-hearing and deaf +hard-of-hearing +, deaf, and nonverbal +children would benefit from the development and implementation of regional programs for children with low-incidence disabilities. +SECTION 1. +Section 51210 of the +Education Code +is amended to read: +51210. +(a)The adopted course of study for grades 1 to 6, inclusive, shall include instruction, beginning in grade 1 and continuing through grade 6, in the following areas of study: +(1)English, including knowledge of, and appreciation for literature and the language, as well as the skills of speaking, reading, listening, spelling, handwriting, and composition. +(2)Mathematics, including concepts, operational skills, and problem solving. +(3)Social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils. Instruction shall provide a foundation for understanding the history, resources, development, and government of California and the United States of America; the development of the American economic system, including the role of the entrepreneur and labor; the relations of persons to their human and natural environment; eastern and western cultures and civilizations; contemporary issues; and the wise use of natural resources. +(4)Science, including the biological and physical aspects, with emphasis on the processes of experimental inquiry and on the place of humans in ecological systems. +(5)Visual and performing arts, including instruction in the subjects of dance, music, theater, and visual arts, aimed at the development of aesthetic appreciation and the skills of creative expression. +(6)Health, including instruction in the principles and practices of individual, family, and community health. +(7)Physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period. +(8)Other studies that may be prescribed by the governing board. +(b)(1)A complaint that a school district or county superintendent of schools has not complied with the physical education requirements of paragraph (7) of subdivision (a) may be filed with a school district or county superintendent of schools pursuant to the local complaint procedures, if any, or the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. +(2)A complainant not satisfied with the decision of the school district or county superintendent of schools may appeal the decision to the Superintendent and shall receive a written appeal decision within 60 days of the Superintendent’s receipt of the appeal. +(3)If a school district or county superintendent of schools finds merit in a complaint filed pursuant to this subdivision, or if the Superintendent finds merit in an appeal made pursuant to paragraph (2), the school district or county superintendent of schools shall provide a remedy to all affected pupils, parents, and guardians. +(4)A private right of action or civil action shall not be brought against a school district or county superintendent of schools relating to noncompliance with the physical education requirements of paragraph (7) of subdivision (a) unless the complainant first follows the local complaint procedures, if any, or the Uniform Complaint Procedures, pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, if no local complaint procedures exist. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law makes certain findings and declarations relating to the education of hard-of-hearing and deaf pupils. +This bill would revise those findings and declarations to include nonverbal pupils. +Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include certain areas of study, including, among others, English, mathematics, social sciences, science, and physical education, as specified. Existing law requires that physical education have a total period of time of not less than 200 minutes each 10 schooldays, as provided. +This bill would authorize a complaint that a school district or county superintendent of schools has not complied with the physical education requirements of the adopted course of study for grades 1 to 6, inclusive, to be filed with the school district or county superintendent of schools pursuant to the local complaint procedures, if any, or the Uniform Complaint Procedures, as specified. The bill would authorize a complainant not satisfied with the school district’s or county superintendent of schools decision to file an appeal with the Superintendent of Public Instruction. If a school district or county superintendent of schools finds merit in the complaint, or the Superintendent finds merit in the appeal, the bill would require the school district or county superintendent of schools to provide a remedy, as provided. To the extent this bill would impose additional duties on school districts or county education officials, the bill would impose a state-mandated local program. The bill would prohibit specified civil actions against a school district or county superintendent of schools relating to noncompliance with the physical education requirements unless the complainant first follows local complaint procedures, if any, or the Uniform Complaint Procedures, if no local complaint procedures exist. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section +51210 +56000.5 +of the Education Code, relating to +pupil instruction. +special education." +506,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) It is the intent of the Legislature that the certification created by this act not conflict with the intended purpose of the California Disabled Veteran Business Enterprise Program, which is, as stated in subdivision (a) of Section 999 of the Military and Veterans Code, “to address the special needs of disabled veterans seeking rehabilitation and training through entrepreneurship and to recognize the sacrifices of Californians disabled during military service.” +(b) The Legislature finds and declares all of the following: +(1) Allowing a person who is not a “disabled veteran,” as defined in paragraph (6) of subdivision (b) of Section 999 of the Military and Veterans Code, to perform the role of a “disabled veteran” within the California Disabled Veteran Business Enterprise Program, would conflict with the intended purpose of the program by placing that person in competition with a “disabled veteran” for program benefits intended to meet the special needs of disabled veterans. +(2) The spouse or child of a disabled veteran may participate in the program without conflicting with the program’s intended purpose, if their participation is limited to either fulfilling existing contracts or providing for the orderly and equitable disposition of a certified disabled veteran business enterprise following the death or permanent medical disability of the business’ majority owner. +(3) Three years is sufficient time for the orderly and equitable disposition of a certified disabled veteran business enterprise following the death or permanent medical disability of the majority owner. +(c) It is the intent of the Legislature that the certification created by this act shall not establish any business advantage other than to permit the spouse or child of the majority owner of a disabled veteran business enterprise to temporarily control and fully operate that business upon the death or permanent medical disability of the majority owner. +SEC. 2. +Section 999 of the Military and Veterans Code is amended to read: +999. +(a) This article shall be known as, and may be cited as, the California Disabled Veteran Business Enterprise Program. The California Disabled Veteran Business Enterprise Program is established to address the special needs of disabled veterans seeking rehabilitation and training through entrepreneurship and to recognize the sacrifices of Californians disabled during military service. It is the intent of the Legislature that every state procurement authority honor California’s disabled veterans by taking all practical actions necessary to meet or exceed the disabled veteran business enterprise participation goal of a minimum of 3 percent of total contract value. +(b) As used in this article, the following definitions apply: +(1) “Administering agency” means the Treasurer, in the case of contracts for professional bond services, and the Department of General Services’ Office of Small Business and Disabled Veteran Business Enterprise Services, in the case of contracts governed by Section 999.2. +(2) “Awarding department” means a state agency, department, governmental entity, or other officer or entity empowered by law to issue bonds or enter into contracts on behalf of the state. +(3) “Bonds” means bonds, notes, warrants, certificates of participation, and other evidences of indebtedness issued by, or on behalf of, the state. +(4) “Contract” includes any agreement or joint agreement to provide professional bond services to the State of California or an awarding department. “Contract” also includes any agreement or joint development agreement to provide labor, services, materials, supplies, or equipment in the performance of a contract, franchise, concession, or lease granted, let, or awarded for, and on behalf of, the state. +(5) (A) “Contractor” means a person or persons, regardless of race, color, creed, national origin, ancestry, sex, marital status, disability, religious or political affiliation, age, or any sole proprietorship, firm, partnership, joint venture, corporation, or combination thereof that submits a bid and enters into a contract with a representative of a state agency, department, governmental entity, or other officer empowered by law to enter into contracts on behalf of the state. “Contractor” includes a provider of professional bond services who enters into a contract with an awarding department. +(B) “Disabled veteran business enterprise contractor, subcontractor, or supplier” means a person or entity that has been certified by the administering agency pursuant to this article and that performs a commercially useful function, as defined in clause (i), in providing services or goods that contribute to the fulfillment of the contract requirements: +(i) A person or an entity is deemed to perform a “commercially useful function” if a person or entity does all of the following: +(I) Is responsible for the execution of a distinct element of the work of the contract. +(II) Carries out the obligation by actually performing, managing, or supervising the work involved. +(III) Performs work that is normal for its business services and functions. +(IV) Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment. +(V) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. +(ii) A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor’s, subcontractor’s, or supplier’s role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of a disabled veteran business enterprise participation. +(6) “Disabled veteran” means a veteran of the military, naval, or air service of the United States, including, but not limited to, the Philippine Commonwealth Army, the Regular Scouts, “Old Scouts,” and the Special Philippine Scouts, “New Scouts,” who has at least a 10-percent service-connected disability and who is domiciled in the state. +(7) (A) “Disabled veteran business enterprise” means a business certified by the administering agency as meeting all of the following requirements: +(i) It is a sole proprietorship at least 51 percent owned by one or more disabled veterans or, in the case of a publicly owned business, at least 51 percent of its stock is unconditionally owned by one or more disabled veterans; a subsidiary that is wholly owned by a parent corporation, but only if at least 51 percent of the voting stock of the parent corporation is unconditionally owned by one or more disabled veterans; or a joint venture in which at least 51 percent of the joint venture’s management, control, and earnings are held by one or more disabled veterans. +(ii) The management and control of the daily business operations are by one or more disabled veterans. The disabled veterans who exercise management and control are not required to be the same disabled veterans as the owners of the business. +(iii) It is a sole proprietorship, corporation, or partnership with its home office located in the United States, which is not a branch or subsidiary of a foreign corporation, foreign firm, or other foreign-based business. +(B) Notwithstanding subparagraph (A), after the death or the certification of a permanent medical disability of a disabled veteran who is a majority owner of a business that qualified as a disabled veteran business enterprise prior to that death or certification of a permanent medical disability, that business shall be deemed to be a disabled veteran business enterprise for a period not to exceed three years after the date of that death or certification of a permanent medical disability, if the business is inherited or controlled by the spouse or child of the majority owner, or by both of those persons. A business is a disabled veteran business enterprise pursuant to this subparagraph under either of the following circumstances: +(i) For the duration of any contract entered into prior to the death or certification of permanent medical disability for the sole purpose of fulfilling the requirements of that contract. +(ii) After the date of the majority owner’s death or certification of permanent medical disability established by this subparagraph for the sole purpose of providing sufficient time to make orderly and equitable arrangements for the disposition of the business, except that the business shall not enter into any new contract as a disabled veteran business enterprise for purposes of the program if the contract would not be completed within the three-year period. +(8) “Foreign corporation,” “foreign firm,” or “foreign-based business” means a business entity that is incorporated or has its principal headquarters located outside the United States of America. +(9) “Goal” means a numerically expressed objective that awarding departments and contractors are required to make efforts to achieve. +(10) “Management and control” means effective and demonstrable management of the business entity. +(11) “Professional bond services” include services as financial advisers, bond counsel, underwriters in negotiated transactions, underwriter’s counsel, financial printers, feasibility consultants, and other professional services related to the issuance and sale of bonds.","The California Disabled Veteran Business Enterprise Program addresses the special needs of disabled veterans by assisting state procurement authorities in meeting or exceeding the disabled veteran enterprise participation goal of 3% for procurement contracts. Existing law, under the program, authorizes a child or spouse to continue to operate a disabled veteran business enterprise for 3 years after the death or the certification of a permanent medical disability of a disabled veteran who was the majority owner of that enterprise, but only for purposes of any contract entered into before his or her death or certification of disability. +This bill would delete the provision that only allows a child or spouse to operate the business for purposes of the contracts entered into before death or certification of disability. The bill would clarify the scope and purpose of the provision authorizing a child or spouse to continue to operate a disabled veteran business enterprise for 3 years after the death or the certification of a permanent medical disability of a disabled veteran who was the majority owner of that enterprise. The bill would also set forth a statement of legislative intent.","An act to amend Section 999 of the Military and Veterans Code, relating to veterans." +507,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1946.7 of the Civil Code, as amended by Section 1 of Chapter 130 of the Statutes of 2013, is amended to read: +1946.7. +(a) A tenant may notify the landlord that he or she or a household member was a victim of an act that constitutes an act of domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 261, 261.5, 262, 286, 288a, or 289 of the Penal Code, stalking as defined in Section 1708.7, human trafficking as defined in Section 236.1 of the Penal Code, or abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code, and that the tenant intends to terminate the tenancy. +(b) A notice to terminate a tenancy under this section shall be in writing, with one of the following attached to the notice: +(1) A copy of a temporary restraining order, emergency protective order, or protective order lawfully issued pursuant to Part 3 (commencing with Section 6240) or Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2 of the Penal Code, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code that protects the tenant or household member from further domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. +(2) A copy of a written report by a peace officer employed by a state or local law enforcement agency acting in his or her official capacity stating that the tenant or household member has filed a report alleging that he or she or the household member is a victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. +(3) (A) Documentation from a qualified third party based on information received by that third party while acting in his or her professional capacity to indicate that the tenant or household member is seeking assistance for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse. +(B) The documentation shall contain, in substantially the same form, the following: +Tenant Statement and Qualified Third Party Statement +under Civil Code Section 1946.7 +Part I.Statement By Tenant +I, [insert name of tenant], state as follows: +I, or a member of my household, have been a victim of: +[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse.] +The most recent incident(s) happened on or about: +[insert date or dates.] +The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: +[if known and safe to provide, insert name(s) and physical description(s).] +(signature of tenant)(date) +Part II.Qualified Third Party Statement +I, [insert name of qualified third party], state as follows: +My business address and phone number are: +[insert business address and phone number.] +Check and complete one of the following: +____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. +____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. +____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. +____I am licensed by the State of California as a: +[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: +[insert name of state licensing entity and license number.] +The person who signed the Statement By Tenant above stated to me that he or she, or a member of his or her household, is a victim of: +[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse.] +The person further stated to me the incident(s) occurred on or about the date(s) stated above. +I understand that the person who made the Statement By Tenant may use this document as a basis for terminating a lease with the person’s landlord. +(signature of qualified third party)(date) +(C) The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, or a human trafficking caseworker only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor or caseworker. +(c) The notice to terminate the tenancy shall be given within 180 days of the date that any order described in paragraph (1) of subdivision (b) was issued, within 180 days of the date that any written report described in paragraph (2) of subdivision (b) was made, or within the time period described in Section 1946. +(d) If notice to terminate the tenancy is provided to the landlord under this section, the tenant shall be responsible for payment of rent for no more than 14 calendar days following the giving of the notice, or for any shorter appropriate period as described in Section 1946 or the lease or rental agreement. The tenant shall be released from any rent payment obligation under the lease or rental agreement without penalty. If the premises are relet to another party prior to the end of the obligation to pay rent, the rent owed under this subdivision shall be prorated. Existing law governing the security deposit shall apply. +(e) Nothing in this section relieves a tenant, other than the tenant who is, or who has a household member who is, a victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult and members of that tenant’s household, from their obligations under the lease or rental agreement. +(f) (1) “Household member,” as used in this section, means a member of the tenant’s family who lives in the same household as the tenant. +(2) “Qualified third party,” as used in this section, means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code. +(3) “Health practitioner,” as used in this section, means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor. +(h) (1) A landlord shall not disclose any information provided by a tenant under this section to a third party unless the disclosure satisfies any one of the following: +(A) The tenant consents in writing to the disclosure. +(B) The disclosure is required by law or order of the court. +(2) A landlord’s communication to a qualified third party who provides documentation under paragraph (3) of subdivision (b) to verify the contents of that documentation is not disclosure for purposes of this subdivision. +SEC. 2. +Section 1946.7 of the Civil Code, as added by Section 2 of Chapter 130 of the Statutes of 2013, is repealed.","Existing law, until January 1, 2016, authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence or sexual assault and that the tenant intends to terminate the tenancy. Existing law requires that the tenant attach to the notice to terminate a tenancy a copy of a temporary restraining order or protective order that protects the tenant or household member from further domestic violence or sexual assault or to attach a report by a peace officer stating that the tenant or household member has filed a report alleging he or she or the household member is a victim of domestic violence or sexual assault. +Existing law authorizes the use of a tenant’s security deposit to compensate a landlord for a tenant’s default in the payment of rent. Existing law provides that existing law governing security deposits applies to these terminations. +This bill would extend these provisions indefinitely and would reduce the time limit for a tenant to give a notice of intent to vacate to the landlord under these provisions from 30 days to 14 days.","An act to amend and repeal Section 1946.7 of the Civil Code, relating to tenancy." +508,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 101 of the Welfare and Institutions Code is amended to read: +101. +As used in this chapter, the following definitions shall apply: +(a) “Adult” means a person 18 years of age or older. +(b) “Child or minor” means a person under the jurisdiction of the juvenile court pursuant to Section 300, 601, or 602. +(c) “CASA” means a Court-Appointed Special Advocate. “CASA” also refers to a Court Designated Child Advocate in programs that have utilized that title. A CASA has the duties and responsibilities described in this chapter and shall be trained by and function under the auspices of a Court-Appointed Special Advocate program as set forth in this chapter. +(d) “Court” means the superior court, including the juvenile court. +(e) “Dependent” means a person described in Section 300. +(f) “Nonminor dependent” means a person as described in subdivision (v) of Section 11400. +(g) “Ward” means a person described in Section 601 or 602. +SEC. 2. +Section 102 of the Welfare and Institutions Code is amended to read: +102. +(a) Each CASA program shall, if feasible, be staffed by a minimum of one paid administrator. The staff shall be directly accountable to the presiding juvenile court judge and the CASA program board of directors, as applicable. +(b) The program shall provide for volunteers to serve as CASAs. A CASA may be appointed to any dependent, nonminor dependent, or ward who is subject to the jurisdiction of the juvenile court. +(c) Each CASA shall serve at the pleasure of the court having jurisdiction over the proceedings in which a CASA has been appointed and that appointment may continue after the child attains his or her age of majority, with the consent of the nonminor dependent. A CASA shall do all of the following: +(1) Provide independent, factual information to the court regarding the cases to which he or she is appointed. +(2) Represent the best interests of the child involved, and consider the best interests of the family, in the cases to which he or she is appointed. +(3) At the request of the judge, monitor cases to which he or she has been appointed to ensure that the court’s orders have been fulfilled. +(d) The Judicial Council, through its rules and regulations, shall require an initial and ongoing training program consistent with this chapter for all persons acting as a CASA, including, but not limited to, each of the following: +(1) Dynamics of child abuse and neglect. +(2) Court structure, including juvenile court laws. +(3) Social service systems. +(4) Child development. +(5) Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth. +(6) Interviewing techniques. +(7) Report writing. +(8) Roles and responsibilities of a CASA. +(9) Rules of evidence and discovery procedures. +(10) Problems associated with verifying reports. +(e) The Judicial Council, through its CASA Advisory Committee, shall adopt guidelines for the screening of CASA volunteers, which shall include personal interviews, reference checks, checks for records of sex offenses and other criminal records, information from the Department of Motor Vehicles, and other information that the Judicial Council deems appropriate. +SEC. 3. +Section 103 of the Welfare and Institutions Code is amended to read: +103. +(a) Persons acting as a CASA shall be individuals who have demonstrated an interest in children and their welfare. Each CASA shall participate in a training course conducted under the rules and regulations adopted by the Judicial Council and in ongoing training and supervision throughout his or her involvement in the program. Each CASA shall be evaluated before and after initial training to determine his or her fitness for these responsibilities. Ongoing training shall be provided at least monthly. +(b) Each CASA shall commit a minimum of one year of service to a child until a permanent placement is achieved for the child or until relieved by the court, whichever is first. At the end of each year of service, the CASA, with the approval of the court, may recommit for an additional year. +(c) A CASA shall have no associations that create a conflict of interest with his or her duties as a CASA. +(d) An adult otherwise qualified to act as a CASA shall not be discriminated against based upon marital status, socioeconomic factors, or because of any characteristic listed or defined in Section 11135 of the Government Code. +(e) Each CASA is an officer of the court, with the relevant rights and responsibilities that pertain to that role and shall act consistently with the local rules of court pertaining to CASAs. +(f) Each CASA shall be sworn in by a superior court judge or commissioner before beginning his or her duties. +(g) A judge may appoint a CASA when, in the opinion of the judge, a child requires services which can be provided by the CASA, consistent with the local rules of court. +(h) To accomplish the appointment of a CASA, the judge making the appointment shall sign an order, which may grant the CASA the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, to the same extent as any other officer of the court appointed to investigate proceedings on behalf of the court. +(i) Each CASA shall be considered court personnel for purposes of subdivision (a) of Section 827. +SEC. 4. +Section 109 of the Welfare and Institutions Code is amended to read: +109. +(a) Except as provided in subdivisions (b) and (c), nothing in this chapter permits a person acting as a CASA to participate or appear in criminal proceedings or in proceedings to declare a person a ward of the juvenile court pursuant to Section 601 or 602. +(b) A person acting as a CASA may participate in determinations made pursuant to Section 241.1, and in all delinquency proceedings after adjudication of delinquency. +(c) This section does not apply to a person acting as a CASA when that person is acting solely as a support person to the child or who is in court on behalf of a child who is the victim of a crime.","Existing law requires the Judicial Council to establish a Court-Appointed Special Advocate (CASA) program, under which volunteers serve as court appointed child advocates to provide designated services and support to dependent children and nonminor dependents in juvenile dependency proceedings. Existing law provides that a minor, under certain circumstances, is subject to the jurisdiction of the juvenile court. If the minor has violated a law or ordinance, existing law authorizes the juvenile court to adjudge the minor to be a ward of the court. +This bill would authorize the appointment of a CASA in a juvenile delinquency proceeding, and would provide that a CASA shall be considered court personnel for purposes of inspecting the case file of a dependent child or ward of the juvenile court.","An act to amend Sections 101, 102, 103, and 109 of the Welfare and Institutions Code, relating to juveniles." +509,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17053.50 is added to the Revenue and Taxation Code, to read: +17053.50. +(a) For taxable years beginning on or after January 1, 2017, and before January 1, 2022, there shall be allowed to a qualified taxpayer a credit against the “net tax,” as defined in Section 17039, in an amount equal to 30 percent of the qualified taxpayer’s qualified costs. +(b) For purposes of this section: +(1) “At-risk property” means a building that is deemed hazardous and in danger of collapse in the event of a catastrophic earthquake, including, but not limited to, soft story buildings, nonductile concrete residential buildings, and pre-1994 concrete residential buildings. +(2) “Qualified building” means a building that has been certified as an at-risk property pursuant to subparagraph (A) of paragraph (1) of subdivision (c). A qualified building includes a mobilehome registered by the Department of Housing and Community Development. +(3) “Qualified costs” means the costs paid or incurred by the qualified taxpayer for any completed seismic retrofit construction on a qualified building, including any engineering or architectural design work necessary to permit or complete the seismic retrofit construction less the amount of any grant provided by a public entity for the seismic retrofit construction. “Qualified costs” do not include any of the following costs paid or incurred by the qualified taxpayer: +(A) Maintenance, including abatement of deferred or inadequate maintenance, and correction of violations unrelated to the seismic retrofit construction. +(B) Repair, including repair of earthquake damage. +(C) Seismic retrofit construction required by local building codes as a result of addition, repair, building relocation, change of use, or occupancy. +(D) Other work or improvement required by local building or planning codes as a result of the intended seismic retrofit construction. +(E) Rent reductions or other associated compensation, compliance actions, or other related coordination involving the qualified taxpayer and any other party, including a tenant, insurer, or lender. +(F) Replacement of existing building components, including equipment, except as needed to complete the seismic retrofit construction. +(G) Bracing or securing nonpermanent building contents. +(H) The offset of costs, reimbursements, or other costs transferred from the qualified taxpayers to others. +(I) Any amount paid by the qualified taxpayer to the jurisdiction with authority for building code enforcement for issuing the certifications required pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (c). +(4) “Qualified taxpayer” means a taxpayer that is an owner of a qualified building located in this state. A taxpayer that owns a proportional share of a qualified building in this state may claim the credit allowed by this section based on the taxpayer’s share of the qualified costs. +(5) (A) “Seismic retrofit construction” means alteration of a qualified building or its components to substantially mitigate seismic damage. Seismic retrofit construction shall be for work performed, and for which qualified costs were paid or incurred, on or after January 1, 2017. Seismic retrofit construction shall include, but not be limited to, the following: +(i) Anchoring the structure to the foundation. +(ii) Bracing cripple walls. +(iii) Bracing hot water heaters. +(iv) Installing automatic gas shutoff valves. +(v) Repairing or reinforcing the foundation to improve the integrity of the foundation against seismic damage. +(vi) Anchoring fuel storage. +(vii) Installing an earthquake resistant bracing system for mobilehomes that are registered with the Department of Housing and Community Development. +(B) Notwithstanding subparagraph (A), seismic retrofit construction does not include construction performed to bring a building into compliance with local building codes. +(c) To be eligible for the credit, the following shall apply: +(1) The qualified taxpayer shall do all of the following: +(A) Prior to the seismic retrofit construction, obtain certification from the appropriate jurisdiction with local building code enforcement authority that the building is an at-risk property. +(B) Obtain certification from the appropriate jurisdiction with authority for building code enforcement, upon a review of the building, that the completed construction satisfies the definition of seismic retrofit construction. The certification shall identify what part of the completed construction, if any, is not seismic retrofit construction, and specify a dollar amount of qualified costs. +(C) Request and be granted an allocation of the credit from the Franchise Tax Board. To request an allocation, the taxpayer shall sign and submit to the Franchise Tax Board an application to receive a credit for the seismic retrofit construction and provide a copy of the certification obtained pursuant to subparagraph (B). +(D) Retain for his or her records a copy of the certifications specified in subparagraphs (A) and (B). +(2) The jurisdiction with authority for building code enforcement in which a qualified building is located has entered into an agreement with the state to provide certifications pursuant to this section and to not seek reimbursement pursuant to Section 6 of Article XIII B of the California Constitution for any costs incurred in providing those certifications. +(d) (1) The credit amount allowed in subdivision (a) shall be claimed by a qualified taxpayer at the rate of one-fifth of the credit amount for the taxable year in which the credit is allocated, and one-fifth of the credit amount for each of the subsequent four taxable years. +(2) In the case where the credit allowed under this section exceeds the “net tax,” as defined in Section 17039, for a taxable year, the excess credit may be carried over to reduce the “net tax” in the following taxable year, and succeeding four taxable years, if necessary, until the credit has been exhausted. +(e) (1) The total amount of credit that may be allocated pursuant to this section and Section 23650 shall not exceed the sum of the following: +(A) Twelve million dollars ($12,000,000) for the 2017 calendar year and each calendar year thereafter. +(B) The amount of previously unallocated credits allowed under this section. +(2) Upon receipt of the application and certification described in subparagraph (C) of paragraph (1) of subdivision (c), the Franchise Tax Board shall notify the taxpayer of the amount, if any, of credit allowed and allocate the credit to a qualified taxpayer on a first-come-first-served basis. +(3) (A) The taxpayer shall claim the credit on a timely filed original return. +(B) The determination of the Franchise Tax Board with respect to the allocation of the credit, and whether a return has been timely filed for purposes of this subdivision may not be reviewed in any administrative or judicial proceeding. +(C) Any disallowance of a credit claimed due to a determination under this subdivision, including the application of the limitation specified in paragraph (1), shall be treated as a mathematical error appearing on the return. Any amount of tax resulting from that disallowance may be assessed by the Franchise Tax Board in the same manner as provided by Section 19051. +(f) This credit shall be in lieu of any other credit or deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to qualified costs. +(g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. +(h) This section shall remain in effect only until December 1, 2022, and as of that date is repealed. +SEC. 2. +Section 23650 is added to the Revenue and Taxation Code, to read: +23650. +(a) For taxable years beginning on or after January 1, 2017, and before January 1, 2022, there shall be allowed to a qualified taxpayer a credit against the “tax,” as defined in Section 23036, in an amount equal to 30 percent of the qualified taxpayer’s qualified costs. +(b) For purposes of this section: +(1) “At-risk property” means a building that is deemed hazardous and in danger of collapse in the event of a catastrophic earthquake, including, but not limited to, soft story buildings, nonductile concrete residential buildings, and pre-1994 concrete residential buildings. +(2) “Qualified building” means a building that has been certified as an at-risk property pursuant to subparagraph (A) of paragraph (1) of subdivision (c). A qualified building includes a mobilehome registered by the Department of Housing and Community Development. +(3) “Qualified costs” means the costs paid or incurred by the qualified taxpayer for any completed seismic retrofit construction on a qualified building, including any engineering or architectural design work necessary to permit or complete the seismic retrofit construction less the amount of any grant provided by a public entity for the seismic retrofit construction. “Qualified costs” do not include any of the following costs paid or incurred by the qualified taxpayer: +(A) Maintenance, including abatement of deferred or inadequate maintenance, and correction of violations unrelated to the seismic retrofit construction. +(B) Repair, including repair of earthquake damage. +(C) Seismic retrofit construction required by local building codes as a result of addition, repair, building relocation, change of use, or occupancy. +(D) Other work or improvement required by local building or planning codes as a result of the intended seismic retrofit construction. +(E) Rent reductions or other associated compensation, compliance actions, or other related coordination involving the qualified taxpayer and any other party, including a tenant, insurer, or lender. +(F) Replacement of existing building components, including equipment, except as needed to complete the seismic retrofit construction. +(G) Bracing or securing nonpermanent building contents. +(H) The offset of costs, reimbursements, or other costs transferred from the qualified taxpayers to others. +(I) Any amount paid by the qualified taxpayer to the jurisdiction with authority for building code enforcement for issuing the certifications required pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (c). +(4) “Qualified taxpayer” means a taxpayer that is an owner of a qualified building located in this state. A taxpayer that owns a proportional share of a qualified building in this state may claim the credit allowed by this section based on the taxpayer’s share of the qualified costs. +(5) (A) “Seismic retrofit construction” means alteration of a qualified building or its components to substantially mitigate seismic damage. Seismic retrofit construction shall be for work performed, and for which qualified costs were paid or incurred, on or after January 1, 2017. Seismic retrofit construction shall include, but not be limited to, the following: +(i) Anchoring the structure to the foundation. +(ii) Bracing cripple walls. +(iii) Bracing hot water heaters. +(iv) Installing automatic gas shutoff valves. +(v) Repairing or reinforcing the foundation to improve the integrity of the foundation against seismic damage. +(vi) Anchoring fuel storage. +(vii) Installing an earthquake resistant bracing system for mobilehomes that are registered with the Department of Housing and Community Development. +(B) Notwithstanding subparagraph (A), seismic retrofit construction does not include construction performed to bring a building into compliance with local building codes. +(c) To be eligible for the credit, the following shall apply: +(1) The qualified taxpayer shall do all of the following: +(A) Prior to the seismic retrofit construction, obtain certification from the appropriate jurisdiction with local building code enforcement authority that the building is an at-risk property. +(B) Obtain certification from the appropriate jurisdiction with authority for building code enforcement, upon a review of the building, that the completed construction satisfies the definition of seismic retrofit construction. The certification shall identify what part of the completed construction, if any, is not seismic retrofit construction and specify a dollar amount of qualified costs. +(C) Request and be granted an allocation of the credit from the Franchise Tax Board. To request an allocation, the taxpayer shall sign and submit to the Franchise Tax Board an application to receive a credit for the seismic retrofit construction and provide a copy of the certification obtained pursuant to subparagraph (B). +(D) Retain for his or her records a copy of the certifications specified in subparagraphs (A) and (B). +(2) The jurisdiction with authority for building code enforcement in which a qualified building is located has entered into an agreement with the state to provide certifications pursuant to this section and to not seek reimbursement pursuant to Section 6 of Article XIII B of the California Constitution for any costs incurred in providing those certifications. +(d) (1) The credit amount allowed in subdivision (a) shall be claimed by a qualified taxpayer at the rate of one-fifth of the credit amount for the taxable year in which the credit is allocated, and one-fifth of the credit amount for each of the subsequent four taxable years. +(2) In the case where the credit allowed under this section exceeds the “tax,” as defined in Section 23036, for a taxable year, the excess credit may be carried over to reduce the “tax” in the following taxable year, and succeeding four taxable years, if necessary, until the credit has been exhausted. +(e) (1) The total amount of credit that may be allocated pursuant to this section and Section 17053.50 shall not exceed the sum of the following: +(A) Twelve million dollars ($12,000,000) for the 2017 calendar year and each calendar year thereafter. +(B) The amount of previously unallocated credits allowed under this section. +(2) Upon receipt of the application and certification described in subparagraph (C) of paragraph (1) of subdivision (c), the Franchise Tax Board shall notify the taxpayer of the amount, if any, of credit allowed and allocate the credit to a qualified taxpayer on a first-come-first-served basis. +(3) (A) The taxpayer shall claim the credit on a timely filed original return. +(B) The determination of the Franchise Tax Board with respect to the allocation of the credit, and whether a return has been timely filed for purposes of this subdivision may not be reviewed in any administrative or judicial proceeding. +(C) Any disallowance of a credit claimed due to a determination under this subdivision, including the application of the limitation specified in paragraph (1), shall be treated as a mathematical error appearing on the return. Any amount of tax resulting from that disallowance may be assessed by the Franchise Tax Board in the same manner as provided by Section 19051. +(f) This credit shall be in lieu of any other credit or deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to qualified costs. +(g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. +(h) This section shall remain in effect only until December 1, 2022, and as of that date is repealed. +SEC. 3. +For the purposes of complying with Section 41 of the Revenue and Taxation Code, the Legislature finds and declares all of the following with respect to Sections 17053.50 and 23650 of the Revenue and Taxation Code: +(a) The specific goals, purposes, and objectives that the tax credits will achieve are as follows: +(1) Leveraging sixty million dollars ($60,000,000) in private investment. +(2) Creating thousands of engineering or construction jobs. +(3) Mitigating seismic damage to save lives. +(b) The detailed performance indicators for the Legislature to use when measuring whether the tax credits meet those specific goals, purposes, and objectives are as follows: +(1) The amount of private sector investment enabled by allocation of the tax credits. +(2) The number of engineering or construction jobs created as a result of this investment. +(3) The estimated number of lives saved by the seismic retrofitting of buildings facilitated by the tax credits. +(c) The data collection requirements to enable the Legislature to determine whether the tax credits are meeting, failing to meet, or exceeding those specific goals, purposes, and objectives are as follows: +(1) To assist the Legislature in measuring whether the tax credits meet the goals, purposes, and objectives specified in subdivision (a), the Legislative Analyst shall review the effectiveness of the tax credits and may request information from the Franchise Tax Board and any state governmental entity with authority relating to the seismic retrofit construction of at-risk properties. +(2) The Franchise Tax Board and any state governmental entity with authority relating to the seismic retrofit construction of at-risk properties shall provide to the Legislative Analyst any data requested by the Legislative Analyst pursuant to this subdivision. +SEC. 4. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. +This bill, for taxable years beginning on or after January 1, 2017, and before January 1, 2022, would allow a tax credit under both laws in an amount equal to 30% of the qualified costs paid or incurred by a qualified taxpayer for any seismic retrofit construction on a qualified building, as provided. The bill would require a taxpayer, in order to be eligible for the credit, to obtain 2 certifications from the appropriate jurisdiction with authority for building code enforcement of the area in which the building is located: one prior to seismic retrofit construction that certifies that the building is an at-risk property, and a second subsequent to construction that certifies that the completed construction is seismic retrofit construction, as defined, and specifies a dollar amount of qualified costs. The bill would further require the taxpayer to provide the second certification to and apply for allocation of the credit with the Franchise Tax Board, and would require the board to allocate credits on a first-come-first-served basis. The bill would provide that the credit would have an aggregate cap under both laws of $12,000,000 for each calendar year, as provided. +Existing law requires a bill that would authorize a new credit against the tax imposed by the Personal Income Tax Law or the Corporation Tax Law to contain specific goals, purposes, and objectives that the new credit will achieve and detailed performance indicators and data collection requirements for determining whether the new credit achieves these goals, purposes, and objectives. +This bill would make findings specifying the goals, purposes, and objectives of the above-described tax credits and detailing the performance indicators and data collection requirements for determining whether the credits meet these goals, purposes, and objectives. +This bill would take effect immediately as a tax levy.","An act to add and repeal Sections 17053.50 and 23650 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +510,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2356.5 of the Probate Code is amended to read: +2356.5. +(a) The Legislature hereby finds and declares: +(1) That people with dementia, as defined in the last published edition of the “Diagnostic and Statistical Manual of Mental Disorders,” should have a conservatorship to serve their unique and special needs. +(2) That, by adding powers to the probate conservatorship for people with dementia, their unique and special needs can be met. This will reduce costs to the conservatee and the family of the conservatee, reduce costly administration by state and county government, and safeguard the basic dignity and rights of the conservatee. +(3) That it is the intent of the Legislature to recognize that the administration of psychotropic medications has been, and can be, abused by caregivers and, therefore, granting powers to a conservator to authorize these medications for the treatment of dementia requires the protections specified in this section. +(b) Notwithstanding any other law, a conservator may authorize the placement of a conservatee in a secured perimeter residential care facility for the elderly operated pursuant to Section 1569.698 of the Health and Safety Code, and which has a care plan that meets the requirements of Section 87705 of Title 22 of the California Code of Regulations, upon a court’s finding, by clear and convincing evidence, of all of the following: +(1) The conservatee has dementia, as defined in the last published edition of the “Diagnostic and Statistical Manual of Mental Disorders.” +(2) The conservatee lacks the capacity to give informed consent to this placement and has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit significantly impairs the person’s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811. +(3) The conservatee needs or would benefit from a restricted and secure environment, as demonstrated by evidence presented by the physician or psychologist referred to in paragraph (3) of subdivision (f). +(4) The court finds that the proposed placement in a locked facility is the least restrictive placement appropriate to the needs of the conservatee. +(c) Notwithstanding any other law, a conservator of a person may authorize the administration of medications appropriate for the care and treatment of dementia, upon a court’s finding, by clear and convincing evidence, of all of the following: +(1) The conservatee has dementia, as defined in the last published edition of the “Diagnostic and Statistical Manual of Mental Disorders.” +(2) The conservatee lacks the capacity to give informed consent to the administration of medications appropriate to the care of dementia, and has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit or deficits significantly impairs the person’s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811. +(3) The conservatee needs or would benefit from appropriate medication as demonstrated by evidence presented by the physician or psychologist referred to in paragraph (3) of subdivision (f). +(d) Pursuant to subdivision (b) of Section 2355, in the case of a person who is an adherent of a religion whose tenets and practices call for a reliance on prayer alone for healing, the treatment required by the conservator under subdivision (c) shall be by an accredited practitioner of that religion in lieu of the administration of medications. +(e) A conservatee who is to be placed in a facility pursuant to this section shall not be placed in a mental health rehabilitation center as described in Section 5675 of the Welfare and Institutions Code, or in an institution for mental disease as described in Section 5900 of the Welfare and Institutions Code. +(f) A petition for authority to act under this section is governed by Section 2357, except: +(1) The conservatee shall be represented by an attorney pursuant to Chapter 4 (commencing with Section 1470) of Part 1. Upon granting or denying authority to a conservator under this section, the court shall discharge the attorney or order the continuation of the legal representation, consistent with the standard set forth in subdivision (a) of Section 1470. +(2) The conservatee shall be produced at the hearing, unless excused pursuant to Section 1893. +(3) The petition shall be supported by a declaration of a licensed physician, or a licensed psychologist within the scope of his or her licensure, regarding each of the findings required to be made under this section for any power requested, except that the psychologist has at least two years of experience in diagnosing dementia. +(4) The petition may be filed by any of the persons designated in Section 1891. +(g) The court investigator shall annually investigate and report to the court every two years pursuant to Sections 1850 and 1851 if the conservator is authorized to act under this section. In addition to the other matters provided in Section 1851, the conservatee shall be specifically advised by the investigator that the conservatee has the right to object to the conservator’s powers granted under this section, and the report shall also include whether powers granted under this section are warranted. If the conservatee objects to the conservator’s powers granted under this section, or the investigator determines that some change in the powers granted under this section is warranted, the court shall provide a copy of the report to the attorney of record for the conservatee. If no attorney has been appointed for the conservatee, one shall be appointed pursuant to Chapter 4 (commencing with Section 1470) of Part 1. The attorney shall, within 30 days after receiving this report, do one of the following: +(1) File a petition with the court regarding the status of the conservatee. +(2) File a written report with the court stating that the attorney has met with the conservatee and determined that the petition would be inappropriate. +(h) A petition to terminate authority granted under this section shall be governed by Section 2359. +(i) Nothing in this section shall be construed to affect a conservatorship of the estate of a person who has dementia. +(j) Nothing in this section shall affect the laws that would otherwise apply in emergency situations. +(k) Nothing in this section shall affect current law regarding the power of a probate court to fix the residence of a conservatee or to authorize medical treatment for any conservatee who has not been determined to have dementia.","Existing law provides that, upon a court’s findings that a conservatee has dementia, as defined, and a functional impairment, a conservator may place the conservatee in a prescribed secured residential or nursing facility and authorize the administration of prescribed medications appropriate for the care and treatment of dementia. A petition for authority to act under these provisions requires, among other things, that the conservatee be represented by an attorney, as provided. +This bill would require the court, upon granting or denying that authority to a conservator, to either discharge the attorney or order continuation of the representation, as specified.","An act to amend Section 2356.5 of the Probate Code, relating to protective proceedings." +511,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature to further the purposes of the federal Stephen Beck Jr., Achieving a Better Life Experience Act to ensure that people with disabilities may save for the future to achieve greater independence. +SEC. 2. +This act shall be known, and may be cited, as the California Achieving a Better Life Experience Act. +SEC. 3. +Section 23711.4 is added to the Revenue and Taxation Code, to read: +23711.4. +For taxable years beginning on or after January 1, 2016, Section 529A of the Internal Revenue Code, relating to qualified ABLE programs, added by Section 102 of Division B of Public Law 113-295, shall apply, except as otherwise provided. +(a) Section 529A(a) of the Internal Revenue Code is modified as follows: +(1) By substituting the phrase “under Part 10 (commencing with Section 17001) and this part” in lieu of the phrase “under this subtitle.” +(2) By substituting “Article 2 (commencing with Section 23731)” in lieu of “Section 511.” +(b) Section 529A(c)(3)(A) of the Internal Revenue Code is modified by substituting “2.5 percent” in lieu of “10 percent.” +(c) A copy of the report required to be filed with the Secretary of the Treasury under Section 529A(d) of the Internal revenue Code, relating to reports shall be filed with the Franchise Tax Board at the same time and in the same manner as specified in that section. +SEC. 4. +Section 4877 is added to the Welfare and Institutions Code, to read: +4877. +(a) There is hereby created an instrumentality of the State of California to be known as the California ABLE Program Trust. +(b) The purposes, powers, and duties of the California ABLE Program Trust are vested in, and shall be exercised by, the board. +(c) The board, in the capacity of trustee, shall have the power and authority to do all of the following: +(1) Sue and be sued. +(2) Make and enter into contracts necessary for the administration of the ABLE program trust, and engage personnel, including consultants, actuaries, managers, counsel, and auditors, as necessary for the purpose of rendering professional, managerial, and technical assistance and advice. +(3) Adopt a corporate seal and change and amend it from time to time. +(4) Cause moneys in the program fund to be held and invested and reinvested. +(5) Accept any grants, gifts, appropriations, and other moneys from any unit of federal, state, or local government or any other person, firm, partnership, or corporation for deposit to the administrative fund or the program fund. +(6) Enter into agreements with designated beneficiaries or eligible individuals to establish and maintain an ABLE account. +(7) Make provisions for the payment of costs of administration and operation of the ABLE program trust. +(8) Carry out the duties and obligations of the ABLE program trust pursuant to this chapter and the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code and federal regulations issued pursuant to that code, and have any other powers as may be reasonably necessary for the effectuation of the purposes, objectives, and provisions of this chapter. +(9) Carry out studies and projections in order to advise designated beneficiaries or eligible individuals regarding present and estimated future qualified disability expenses and the levels of financial participation in the ABLE program trust required in order to assist designated beneficiaries or eligible individuals. +(10) Participate in any other way in any federal, state, or local governmental program for the benefit of the ABLE program trust. +(11) Promulgate, impose, and collect administrative fees and charges in connection with transactions of the ABLE program trust, and provide for reasonable service charges, including penalties for cancellations. +(12) Set minimum and maximum investment levels. +(13) Administer the funds of the ABLE program trust. +(14) Procure insurance against any loss in connection with the property, assets, or activities of the ABLE program trust. +(15) Procure insurance indemnifying any member of the board from personal loss or liability resulting from a member’s action or inaction as a member of the board. +(d) The Treasurer shall, on behalf of the board, appoint an executive director, who shall not be a member of the board and who shall serve at the pleasure of the board. The Treasurer shall determine the duties of the executive director and other staff as necessary and set his or her compensation. The board may authorize the executive director to enter into contracts on behalf of the board or conduct any business necessary for the efficient operation of the board. +SEC. 5. +Section 4878 is added to the Welfare and Institutions Code, to read: +4878. +(a) The board shall segregate moneys received by the ABLE program trust into two funds, which shall be identified as the program fund and the administrative fund. +(1) Notwithstanding Section 13340 of the Government Code, the program fund is hereby continuously appropriated, without regard to fiscal years, to the ABLE Act Board for the purposes specified in this act. +(2) The moneys in the administrative fund shall be available for the ABLE Act Board, upon appropriation, for administration of the act. Administrative costs shall not exceed 3 percent of the incoming funds for each fiscal year for the first five fiscal years following the opening of the first ABLE Act account. After the five-year period, administrative costs shall not exceed 1 percent of the incoming funds for each fiscal year. +(3) Funding for startup and administrative costs for the board shall be provided in the form of a loan from the General Fund sufficient to cover the board’s projected administrative costs for its first two years of implementing the program. Once the loan has been expended and revenues from the program are sufficient to cover the board’s ongoing costs, the board shall repay, within five years, the amount loaned, plus interest calculated at the rate earned by the Pooled Money Investment Account. +(b) Not later than 30 days after the close of each month, the investment manager shall place on file for public inspection during business hours a report with respect to investment performance. The investment manager shall report the following information, to the extent applicable, to the board within 30 days following the end of each month: +(1) The type of investment, name of the issuer, date of maturity, and the par and dollar amount invested in each security, investment, and money within the program fund. +(2) The weighted average maturity of the investments within the program fund. +(3) Any amounts in the program fund that are under the management of an investment manager. +(4) The market value as of the date of the report and the source of this valuation for any security within the program fund. +(5) A description of the compliance with the statement of investment policy. +(c) Moneys in the program fund may be invested or reinvested by the Treasurer or may be invested in whole or in part under contract with an investment manager, as determined by the board. +(d) The board shall annually prepare and adopt a written statement of investment policy. The board shall consider the statement of investment policy and any changes in the investment policy at a public hearing. The board shall approve the investment management entity or entities consistent with subdivision (c). +(e) Transfers may be made from the program fund to the administrative fund for the purpose of paying operating costs associated with administering the ABLE program trust and as required by this chapter. All costs of administration of the ABLE program trust shall be paid out of the administrative fund. +(f) All moneys paid by designated beneficiaries or eligible individuals in connection with ABLE accounts shall be deposited as received into the program fund, and shall be promptly invested and accounted for separately. Deposits and interest thereon accumulated on behalf of designated beneficiaries in the program fund of the ABLE program trust may be used for qualified disability expenses. +(g) The board shall maintain separate accounting for each designated beneficiary. +(h) Any designated beneficiary may, directly or indirectly, direct the investment of any contributions to his or her ABLE account, or any earnings thereon, no more than two times in any calendar year. +(i) The assets of the trust, including the program fund, shall at all times be preserved, invested, and expended solely and only for the purposes of the trust and shall be held in trust for the designated beneficiaries and no property rights therein shall exist in favor of the state. The assets shall not be transferred or used by the state for any purposes other than the purposes of the trust and consistent with the provisions of the federal ABLE Act. +SEC. 6. +Section 4880 is added to the Welfare and Institutions Code, to read: +4880. +Notwithstanding any other law, moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall not count toward determining eligibility for a state or local means-tested program. +SEC. 7. +Section 4882 is added to the Welfare and Institutions Code, to read: +4882. +(a) The board shall adopt regulations as it deems necessary to implement this chapter consistent with the federal Internal Revenue Code and regulations issued pursuant to that code to ensure that this program meets all criteria for federal tax-exempt benefits. +(b) The board may adopt regulations to implement this chapter as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. +SEC. 8. +Section 4884 is added to the Welfare and Institutions Code, to read: +4884. +The board shall market this program to residents of the State of California to the extent funds are available to do so. +SEC. 9. +This act shall become operative only if Senate Bill 324 of the 2015–16 Regular Session is enacted and takes effect on or before January 1, 2016.","The Personal Income Tax Law and the Corporation Tax Law, in specified conformity with federal income tax laws regarding qualified tuition programs, provide that distributions from a qualified tuition program are generally not included in the income of the donor or the beneficiary, as specified. +Existing federal law, the Stephen Beck Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), for taxable years beginning on or after January 1, 2015, encourages and assists individuals and families to save private funds for the purpose of supporting persons with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a beneficiary of a Qualified ABLE Program established and maintained by a state, as specified. +This bill would, for taxable years beginning on or after January 1, 2016, conform to these federal income tax law provisions relating to the ABLE Act under the Corporation Tax Law, as provided. The bill would also establish in state government the ABLE program trust for purposes of implementing the federal ABLE Act. The bill would authorize the ABLE Act Board to adopt regulations to implement the program. The bill would create the program fund, a continuously appropriated fund, thereby making an appropriation, and the administrative fund, as specified. The bill would require the board to administer the program in compliance with the requirements of the federal ABLE Act. +This bill would become operative only if SB 324 is enacted and takes effect on or before January 1, 2016.","An act to add Section 23711.4 to the Revenue and Taxation Code, and to add Sections 4877, 4878, 4880, 4882, and 4884 to the Welfare and Institutions Code, relating to taxation, and making an appropriation therefor." +512,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 21107.8 of the Vehicle Code is amended to read: +21107.8. +(a) (1) Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained offstreet parking facilities as described in the ordinance or resolution within the city or county that are generally held open for use of the public for purposes of vehicular parking. Upon enactment by a city or county of the ordinance or resolution, Sections 22350, 23103, and 23109 and the provisions of Division 16.5 (commencing with Section 38000) shall apply to privately owned and maintained offstreet parking facilities, except as provided in subdivision (b). +(2) (A) If a city or county enacts an ordinance or resolution authorized by paragraph (1), a city or county may include in that ordinance or resolution authorization for the operator of a privately owned and maintained offstreet parking facility to regulate unauthorized parking in that facility. +(B) (i) If a city or county has exercised its authority pursuant to subparagraph (A) and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, the owner or operator of that facility shall include in a parking fee invoice instructions that describe the manner in which to contest the parking fee invoice. +(ii) If a city or county has exercised its authority pursuant to subparagraph (A) and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, the owner or operator of that facility shall not file with, or transmit to, the Department of Motor Vehicles a parking fee invoice for the purpose of having the Department of Motor Vehicles attempt to collect unpaid parking fees by refusing to issue or renew a license pursuant to Section 12808.1 or refusing to renew the registration of a vehicle pursuant to Section 4760. +(b) (1) Notwithstanding subdivision (a), an ordinance or resolution enacted thereunder does not apply to any offstreet parking facility described in that subdivision unless the owner or operator has caused to be posted in a conspicuous place at each entrance to that offstreet parking facility a notice not less than 17 by 22 inches in size with lettering not less than one inch in height, to the effect that the offstreet parking facility is subject to public moving vehicle laws and violators may be subject to a parking invoice fee. +(2) If applicable, a parking receipt distributed to drivers shall include language explicitly stating that violators may be subject to a parking invoice fee. +(c) No ordinance or resolution shall be enacted under subdivision (a) without a public hearing thereon and 10 days prior written notice to the owner and operator of the privately owned and maintained offstreet parking facility involved. +(d) Section 22507.8 may be enforced without enactment of an ordinance or resolution as required under subdivision (a) or the posting of a notice at each entrance to the offstreet parking facility as required under paragraph (1) of subdivision (b). +(e) The department shall not be required to provide patrol or enforce any provisions of this code on any privately owned and maintained offstreet parking facility subject to the provisions of this code under this section except those provisions applicable to private property other than by action under this section. +(f) A city or county that authorizes private parking regulation pursuant to this section shall, in its ordinance or resolution, include provisions that include all of the following: +(1) Procedures of dispute resolution in accordance with those procedures set forth in Section 40215, which shall include all of the following: +(A) A written and publicly available dispute resolution policy that includes specified time periods for notifications, review, and appeal. +(B) An administrative hearing process that includes all of the following: +(i) Options for a hearing in person or by mail. +(ii) Administrative review. +(iii) A hearing by a third-party examiner who has been adequately trained and who provides an independent, objective, fair, and impartial review. +(iv) Personal delivery or delivery by first-class mail of an examiner’s decision. +(v) Authority for the examiner to allow payment of the parking charge in installments for persons showing evidence of inability to pay the parking charge in full. +(2) A prohibition against incentives based on the number of invoices issued or the number or percent of disputed invoices adjudicated that uphold parking charges. +(3) A cap on a parking invoice fee that is commensurate with the most nearly equivalent municipal parking fine. +(4) Measures to prevent a private parking regulator from representing itself as a government enforcement agency, including a prohibition against use of terminology in ordinances or resolutions, and in parking fee invoices, which are restricted to governmental law enforcement, and a requirement for a conspicuous statement on parking fee invoices to the effect that “This parking charge notice is not issued by the [local government].”","Existing law authorizes a city or county, by ordinance or resolution, to find and declare that there are privately owned and maintained offstreet parking facilities within the city or county that are generally held open for use of the public for purposes of vehicular parking and requires, upon enactment of the ordinance or resolution, that specified traffic laws apply, including those related to basic speed law, reckless driving, and speed contests and exhibitions of speed, except as specified. +This bill would authorize a city or county to include in that ordinance or resolution authorization for the operator of a privately owned and maintained offstreet parking facility to regulate unauthorized parking in that facility. The bill would, if a city or county has exercised that authority and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, require the owner or operator of the facility to post language, as specified, stating that violators may be subject to a parking invoice fee, and include in a parking fee invoice instructions that describe the manner in which to contest the parking fee invoice and prohibit the owner or operator from filing with, or transmitting to, the Department of Motor Vehicles a parking fee invoice, as specified. The bill would also require a city or county that authorizes private parking regulation to include, in its ordinance or resolution, specified provisions, including those related to dispute resolution.","An act to amend Section 21107.8 of the Vehicle Code, relating to vehicles." +513,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 7 (commencing with Section 44200) is added to Part 6 of Division 14 of the Water Code, to read: +CHAPTER 7. Semitropic Water Storage District +44200. +Unless the context otherwise requires, the following definitions govern the construction of this chapter: +(a) “Basin” means the Kern County Groundwater Basin, as defined in Bulletin 118. +(b) “District” means the Semitropic Water Storage District and its improvement districts. +(c) “Groundwater extraction facility” has the same meaning as defined in Section 10721. +(d) “Management area” means the portion of the basin within the boundaries of the district where the district has jurisdiction to implement specific management practices. +(e) “Project” means the “Tulare Lake Storage and Floodwater Protection Project” as described in the concept paper received by the California Water Commission on March 31, 2016, and any other groundwater storage or recharge project authorized by the district and for which the district completes environmental review on or before January 1, 2020. +44202. +This chapter applies only to the district. +44204. +(a) The district may collect groundwater extraction information and require the reporting of groundwater information within the management area and, in furtherance of that goal, may do the following: +(1) Require registration of groundwater extraction facilities within the management area. +(2) Require that the use of every groundwater extraction facility within the management area be measured by a water-measuring device satisfactory to the district. +(3) Require that all costs associated with the purchase and installation of the water-measuring device pursuant to paragraph (2) be borne by the owner or operator of each groundwater extraction facility. Water-measuring devices shall be installed by the district or, at the district’s option, by the owner or operator of the groundwater extraction facility. Water-measuring devices shall be calibrated on a reasonable schedule as may be determined by the district. +(4) Require that the owner or operator of a groundwater extraction facility within the management area file an annual statement with the district setting forth the total extraction in acre-feet of groundwater from the facility during the previous year. +(b) In addition to the measurement of groundwater extractions pursuant to subdivision (a), the district may use any other reasonable method to determine groundwater extraction. +(c) The district may exempt from this section a person who, for domestic purposes, extracts two acre-feet or less of groundwater per year. +44206. +(a) In addition to levying assessments or fixing tolls and charges pursuant to Part 9 (commencing with Section 46000) and in lieu of imposing assessments in whole or in part, the district may impose fees on the extraction of groundwater from the basin to fund the costs of the following: +(1) Design, administration, operation, and maintenance of a project, including a prudent reserve. +(2) Acquisition of lands or other properties, facilities, and services to implement a project. +(3) Other costs directly related to design, implementation, maintenance, and operation of a project. +(b) (1) If the owner or operator of a groundwater extraction facility fails to timely comply with the requirements for reporting groundwater extractions pursuant to Section 44204, the district may make a determination of the quantity of groundwater extracted following an investigation. The determined amount shall not exceed the maximum production capacity of the groundwater extraction facility. The district shall mail notice to the owner or operator of the district’s determination of the quantity of groundwater extracted. +(2) The groundwater charges based on the determination pursuant to paragraph (1), together with any interest and penalties, shall be payable immediately unless, within 20 days after the district’s mailing of notice to the owner or operator of the district’s determination, the owner or operator files with the district a written protest setting forth the grounds for protesting the amount of groundwater extraction or groundwater charges, interest, or penalties. +(3) If a protest is filed pursuant to paragraph (2), the district shall hold a hearing to determine the total amount of groundwater extracted and the groundwater charges, interest, and penalties. Notice of the hearing shall be mailed to each protestant at least 20 days before the date fixed for the hearing. +(c) Fees imposed pursuant to this section shall be adopted in accordance with subdivisions (a) and (b) of Section 6 of Article XIII D of the California Constitution. +(d) Fees imposed pursuant to this section may include fixed fees and fees charged on a volumetric basis, including, but not limited to, fees that increase based on the quantity of groundwater produced annually, the year in which the production of groundwater commenced from a groundwater extraction facility, and impacts to the basin. +(e) Fees imposed pursuant to this chapter shall be collected in the same manner as otherwise provided in Article 4 (commencing with Section 47180) of Chapter 7 of Part 9. +44208. +(a) This chapter shall not be construed as state approval, authorization, or funding of a project, including, but not limited to, funding available pursuant to the Water Quality, Supply, and Infrastructure Improvement Act of 2014. +(b) A project shall comply with all applicable state laws, including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code, Division 2 (commencing with Section 1000), and Part 2.74 (commencing with Section 10720) of Division 6. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Semitropic Water Storage District. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order for the Semitropic Water Storage District to pursue early implementation of storage and groundwater projects that are needed in order to help recover the Kern County Groundwater Basin, which is listed by the Department of Water Resources as a critically overdrafted basin, it is necessary that this act take effect immediately.","The California Water Storage District Law authorizes the formation of water storage districts, as prescribed, with specified powers. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. +This bill would authorize the Semitropic Water Storage District to collect groundwater extraction information and to require the reporting of groundwater information, as specified. This bill would authorize the district to impose fees on the extraction of groundwater from the basin, as prescribed. +This bill would make legislative findings and declarations as to the necessity of a special statute for the Semitropic Water Storage District. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Chapter 7 (commencing with Section 44200) to Part 6 of Division 14 of the Water Code, relating to groundwater, and declaring the urgency thereof, to take effect immediately." +514,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 5202 of the Water Code is amended to read: +5202. +(a) This section applies to a person who does either of the following: +(1) Extracts groundwater from a probationary basin 90 days or more after the board designates the basin as a probationary basin pursuant to Section 10735.2. +(2) Extracts groundwater on or after July 1, +2017, +2018, +in an area within a basin that is not within the management area of a groundwater sustainability agency and where the county does not assume responsibility to be the groundwater sustainability agency, as provided in subdivision (b) of Section 10724. +(b) Except as provided in subdivision (c), a person subject to this section shall file a report of groundwater extraction by December 15 of each year for extractions made in the preceding water year. +(c) Unless reporting is required pursuant to paragraph (2) of subdivision (c) of Section 10735.2, this section does not apply to any of the following: +(1) An extraction by a de minimis extractor. +(2) An extraction excluded from reporting pursuant to paragraph (1) of subdivision (c) of Section 10735.2. +(3) An extraction reported pursuant to Part 5 (commencing with Section 4999). +(4) An extraction that is included in annual reports filed with a court or the board by a watermaster appointed by a court or pursuant to statute to administer a final judgment determining rights to water. The reports shall identify the persons who have extracted water and give the general place of use and the quantity of water that has been extracted from each source. +(d) Except as provided in Section 5209, the report shall be filed with the board. +(e) The report may be filed by the person extracting water or on that person’s behalf by an agency that person designates and that maintains a record of the water extracted. +(f) Each report shall be accompanied by the fee imposed pursuant to Section 1529.5. +SEC. 2. +Section 10720.7 of the Water Code is amended to read: +10720.7. +(a) (1) By January 31, 2020, all basins designated as high- or medium-priority basins by the department that have been designated in Bulletin 118, as may be updated or revised on or before January 1, 2017, as basins that are subject to critical conditions of overdraft shall be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans pursuant to this part. +(2) By January 31, +2022, +2023, +all basins designated as high- or medium-priority basins by the department that are not subject to paragraph (1) shall be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans pursuant to this part. +(b) The Legislature encourages and authorizes basins designated as low- and very low priority basins by the department to be managed under groundwater sustainability plans pursuant to this part. Chapter 11 (commencing with Section 10735) does not apply to a basin designated as a low- or very low priority basin. +SEC. 3. +Section 10724 of the Water Code is amended to read: +10724. +(a) In the event that there is an area within a basin that is not within the management area of a groundwater sustainability agency, the county within which that unmanaged area lies will be presumed to be the groundwater sustainability agency for that area. +(b) A county described in subdivision (a) shall provide notification to the department pursuant to Section 10723.8 unless the county notifies the department that it will not be the groundwater sustainability agency for the area. Extractions of groundwater made on or after July 1, +2017, +2018, +in that area shall be subject to reporting in accordance with Part 5.2 (commencing with Section 5200) of Division 2 if the county does either of the following: +(1) Notifies the department that it will not be the groundwater sustainability agency for an area. +(2) Fails to provide notification to the department pursuant to Section 10723.8 for an area on or before June 30, +2017. +2018. +SEC. 4. +Section 10735.2 of the Water Code is amended to read: +10735.2. +(a) The board, after notice and a public hearing, may designate a basin as a probationary basin, if the board finds one or more of the following applies to the basin: +(1) After June 30, +2017, +2018, +none of the following have occurred: +(A) A local agency has elected to be a groundwater sustainability agency that intends to develop a groundwater sustainability plan for the entire basin. +(B) A collection of local agencies has formed a groundwater sustainability agency or prepared agreements to develop one or more groundwater sustainability plans that will collectively serve as a groundwater sustainability plan for the entire basin. +(C) A local agency has submitted an alternative that has been approved or is pending approval pursuant to Section 10733.6. If the department disapproves an alternative pursuant to Section 10733.6, the board shall not act under this paragraph until at least 180 days after the department disapproved the alternative. +(2) The basin is subject to paragraph (1) of subdivision (a) of Section 10720.7, and after January 31, 2020, none of the following have occurred: +(A) A groundwater sustainability agency has adopted a groundwater sustainability plan for the entire basin. +(B) A collection of local agencies has adopted groundwater sustainability plans that collectively serve as a groundwater sustainability plan for the entire basin. +(C) The department has approved an alternative pursuant to Section 10733.6. +(3) The basin is subject to paragraph (1) of subdivision (a) of Section 10720.7 and after January 31, 2020, the department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability program is not being implemented in a manner that will likely achieve the sustainability goal. +(4) The basin is subject to paragraph (2) of subdivision (a) of Section 10720.7, and after January 31, +2022, +2023, +none of the following have occurred: +(A) A groundwater sustainability agency has adopted a groundwater sustainability plan for the entire basin. +(B) A collection of local agencies has adopted groundwater sustainability plans that collectively serve as a groundwater sustainability plan for the entire basin. +(C) The department has approved an alternative pursuant to Section 10733.6. +(5) The basin is subject to paragraph (2) of subdivision (a) of Section 10720.7, and either of the following have occurred: +(A) After January 31, +2022, +2023, +both of the following have occurred: +(i) The department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability plan is not being implemented in a manner that will likely achieve the sustainability goal. +(ii) The board determines that the basin is in a condition of long-term overdraft. +(B) After January 31, +2025, +2026, +both of the following have occurred: +(i) The department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability plan is not being implemented in a manner that will likely achieve the sustainability goal. +(ii) The board determines that the basin is in a condition where groundwater extractions result in significant depletions of interconnected surface waters. +(b) In making the findings associated with paragraph (3) or (5) of subdivision (a), the department and board may rely on periodic assessments the department has prepared pursuant to Chapter 10 (commencing with Section 10733). The board may request that the department conduct additional assessments utilizing the regulations developed pursuant to Chapter 10 (commencing with Section 10733) and make determinations pursuant to this section. The board shall post on its Internet Web site and provide at least 30 days for the public to comment on any determinations provided by the department pursuant to this subdivision. +(c) (1)   The determination may exclude a class or category of extractions from the requirement for reporting pursuant to Part 5.2 (commencing with Section 5200) of Division 2 if those extractions are subject to a local plan or program that adequately manages groundwater within the portion of the basin to which that plan or program applies, or if those extractions are likely to have a minimal impact on basin withdrawals. +(2) The determination may require reporting of a class or category of extractions that would otherwise be exempt from reporting pursuant to paragraph (1) of subdivision (c) of Section 5202 if those extractions are likely to have a substantial impact on basin withdrawals or requiring reporting of those extractions is reasonably necessary to obtain information for purposes of this chapter. +(3) The determination may establish requirements for information required to be included in reports of groundwater extraction, for installation of measuring devices, or for use of a methodology, measuring device, or both, pursuant to Part 5.2 (commencing with Section 5200) of Division 2. +(4) The determination may modify the water year or reporting date for a report of groundwater extraction pursuant to Section 5202. +(d) If the board finds that litigation challenging the formation of a groundwater sustainability agency prevented its formation before July 1, +2017, +2018, +pursuant to paragraph (1) of subdivision (a) or prevented a groundwater sustainability program from being implemented in a manner likely to achieve the sustainability goal pursuant to paragraph (3), (4), or (5) of subdivision (a), the board shall not designate a basin as a probationary basin for a period of time equal to the delay caused by the litigation. +(e) The board shall exclude from probationary status any portion of a basin for which a groundwater sustainability agency demonstrates compliance with the sustainability goal.","Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. +This bill would require a high- or medium-priority basin that is not subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plan by January 31, 2023. +The act authorizes the state board to designate a high- or medium- priority basin that is not subject to critical conditions of overdraft as a probationary basin after January 31, 2025, if the determination is made that the plan is either inadequate or not being implemented in a manner that will likely achieve the sustainability goal and the basin is in a condition where groundwater extractions result in significant depletions of interconnected surface water. +This bill would change that date to January 31, 2026. +The act authorizes the state board to designate a basin as a probationary basin if after June 30, 2017, there is not a groundwater sustainability agency or coordinated groundwater sustainability agencies for an entire high- or medium- priority basin, and no local agency has submitted an alternative. +This bill would change that date to June 30, 2018.","An act to amend Sections 5202, 10720.7, 10724, and 10735.2 of the Water Code, relating to groundwater." +515,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 99200 of the Education Code, as amended by Section 2 of Chapter 632 of the Statutes of 2011, is amended to read: +99200. +(a) With funds appropriated therefor, and with the approval of the Concurrence Committee, the Regents of the University of California are requested to establish and maintain cooperative endeavors designed to accomplish the following: +(1) Develop and enhance teachers’ subject matter and content knowledge in the subject matter areas specified in Section 99201. +(2) Develop and enhance teachers’ instructional strategies to improve pupil learning and academic performance as measured against State Board of Education standards adopted pursuant to Sections 60605 and 60605.8 and, where applicable, to standards adopted pursuant to Section 60811 and any subsequently adopted standards. +(3) Provide teachers with instructional strategies for working with English learners. +(4) Provide teachers with instructional strategies for delivering career-oriented, integrated academic and technical content in a manner that is linked to high priority industry sectors identified in the California career technical education model curriculum standards as adopted by the State Board of Education. The Concurrence Committee, in consultation with the appropriate state entities, industry leaders, representatives of organized labor, educators, and other parties, shall determine the priority of industry sectors. +(5) Provide teachers with access to and opportunity to examine current research that is demonstrably linked to improved pupil learning and achievement as measured by performance levels on state tests administered pursuant to Section 60605, or any successor assessment system, or on English language development assessments developed, pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or any successor assessments, for English language learners. +(6) Maintain subject-specific professional communities that create and encourage ongoing opportunities for teacher collaboration, learning, and research. +(7) Develop and deploy as teacher leaders, teachers with demonstrated levels of expertise in the classroom and certifiable levels of content knowledge. +(8) Provide teachers with instructional strategies for ongoing collaboration on the delivery of career-oriented, integrated academic and technical content. +(9) Conduct a feasibility study to determine the appropriate grade level and subject area and potential cost for a pilot program to develop standards-aligned content and instructional software for use on portable electronic devices. +(b) The duties of the Concurrence Committee shall include, but need not be limited to, all of the following: +(1) Ensuring that the statewide and local subject matter projects comply with requirements of this chapter. +(2) Developing rules and regulations for the statewide subject matter projects. +(3) On or before January 1, 2016, providing a report on the subject matter projects to the Governor and to appropriate policy and fiscal committees of the Legislature. The report shall include, but need not be limited to, all of the following information, compiled for a four-year period: +(A) The number, and level of experience, of participants in each subject matter project. +(B) The total amount of funds expended, on an annual basis, for each subject matter project. +(C) An explanation of the type of professional development activities offered pursuant to each subject matter project, including the extent to which teachers were provided professional development focused on delivering career-oriented, integrated academic and technical content. +(D) A list of the name and location of each school affiliated with a subject matter project. +(c) Grants to establish local sites of statewide subject matter projects shall be available to institutions of higher education, county offices of education and school districts, or any combination thereof, with a subject matter proposal approved pursuant to this article. Once established, each subject matter project shall be administered by the University of California in cooperation with the Concurrence Committee. Local sites of statewide subject matter projects shall be distributed throughout the state so that elementary, secondary, and postsecondary school personnel located in rural, urban, and suburban areas may avail themselves of subject matter projects. +(d) The Concurrence Committee shall be composed of individuals who are affiliated with leadership, management, or instruction in education or education policy entities, including educational expertise on instructional strategies for English learners and academic language acquisition. They shall be selected as follows: +(1) One representative selected by the Regents of the University of California. +(2) One representative selected by the Board of Trustees of the California State University. +(3) One representative selected by the State Board of Education, who has significant experience with direct classroom instruction. +(4) One representative selected by the Governor. +(5) One representative selected by the Superintendent of Public Instruction. +(6) One representative selected by the Commission on Teacher Credentialing. +(7) One representative selected by the Curriculum Development and Supplemental Materials Commission. +(8) One representative of the California Community Colleges selected by the Board of Governors of the California Community Colleges. +(9) One representative of an independent postsecondary institution selected by the Association of Independent California Colleges and Universities. +(e) (1) The requirement for submitting a report pursuant to paragraph (3) of subdivision (b) is inoperative on January 1, 2018, pursuant to Section 10231.5 of the Government Code. +(2) A report to be submitted pursuant to paragraph (3) of subdivision (b) shall be in compliance with Section 9795 of the Government Code.","Existing provisions of the California Constitution provide that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes. Existing law requests the Regents of the University of California, with the approval of the Concurrence Committee, to establish and maintain cooperative endeavors designed to accomplish specified purposes. +This bill would add to these purposes conducting a feasibility study to determine the appropriate grade level and subject area and potential costs for a pilot program to develop standards-aligned content and instructional software for use on portable electronic devices.","An act to amend Section 99200 of the Education Code, relating to postsecondary education." +516,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 999.2 of the Military and Veterans Code is amended to read: +999.2. +(a) Notwithstanding any other +provision of +law, contracts awarded by any state agency, department, officer, or other state governmental entity, including school districts when they are expending state funds for construction, professional services (except those subject to Chapter 6 (commencing with Section 16850) of Part 3 of Division 4 of Title 2 of the Government Code), materials, supplies, equipment, alteration, repair, or improvement shall have statewide participation goals of not less than 3 percent for disabled veteran business enterprises. These goals apply to the overall dollar amount expended each year by the awarding department. +(b) For purposes of this +section: +section the following definitions apply: +(1) “Broker” or “agent” means any individual or entity, or any combination thereof, that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to an awarding department, unless one or more certified disabled veterans has 51 percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the contract. +(2) “Equipment” means any piece of equipment that is used or provided for rental to any state agency, department, officer, or other state governmental entity, including equipment for which operators are provided. +(3) “Equipment broker” means any broker or agent who rents equipment to an awarding department. +(c) A disabled veteran business enterprise that rents equipment to an awarding department shall be deemed to be an equipment broker unless one or more disabled veterans has 51-percent ownership of the quantity and the value of each piece of equipment. If the equipment is owned by one or more disabled veterans, each disabled veteran owner shall, prior to performance under any contract, submit to the awarding department a declaration signed by the disabled veteran owner stating that the owner is a disabled veteran and providing the name, address, telephone number, and tax identification number of the disabled veteran owner. Each disabled veteran owner shall submit his or her federal income tax returns to the administering agency pursuant to subdivision (g) as if he or she were a disabled veteran business enterprise. The disabled veteran business enterprise of a disabled veteran owner who fails to submit his or her tax returns will be deemed to be an equipment broker. +(d) A disabled veteran business enterprise that rents equipment to an awarding department shall, prior to performing the contract, submit to the awarding department a declaration signed by each disabled veteran owner and manager of the enterprise stating that the enterprise obtained the contract by representing that the enterprise was a disabled veteran business enterprise meeting and maintaining all of the requirements of a disabled veteran business enterprise. The declaration shall include the name, address, telephone number, and tax identification number of the owner of each piece of equipment identified in the contract. +(e) State funds expended for equipment rented from equipment brokers pursuant to contracts awarded under this section shall not be credited toward the 3-percent goal. +(f) A disabled veteran business enterprise that is a broker or agent and that obtains a contract pursuant to subdivision (a) shall, prior to performing the contract, disclose to the awarding department that the business is a broker or agent. The disclosure shall be made in a declaration signed and executed by each disabled veteran owner and manager of the enterprise, declaring that the enterprise is a broker or agent, and identifying the name, address, and telephone number of the principal for whom the enterprise is acting as a broker or agent. +(g) (1) A disabled veteran business enterprise, and each owner thereof, shall, at the time of certification, submit to the administering agency complete copies of the enterprise’s federal income tax returns for the three previous tax years. +(2) A disabled veteran business enterprise, and each owner thereof, shall submit to the administering agency complete copies of the enterprise’s federal income tax returns that have a postcertification due date, on or before the due date, including extensions. +(3) A disabled veteran business enterprise that, and each owner thereof who, has not submitted to the administering agency complete copies of the enterprise’s federal income tax returns for the three tax years preceding certification nor for each postcertification tax year for which a return was required to be filed, shall have 90 days to submit those returns. +(4) A disabled veteran business enterprise that fails to comply with any provision of this subdivision shall be prohibited from participating in any state contract until the disabled veteran business enterprise complies with the provisions of this subdivision. Funds expended involving a disabled veteran business enterprise during any period in which that enterprise is not in compliance with the provisions of this subdivision shall not be credited toward the awarding department’s 3-percent goal. +(h) A disabled veteran business enterprise that fails to maintain the certification requirements set forth in this article shall immediately notify the awarding department and the administering agency of that failure by filing a notice of failure that states with particularity each requirement the disabled veteran business enterprise has failed to maintain.","Existing law requires contracts awarded by any state agency, department, officer, or other state governmental entity, including school districts, as provided, to have statewide participation goals of not less than 3% for disabled veteran business enterprises, as defined. +This bill would make technical, nonsubstantive changes to that provision.","An act to amend Section 999.2 of the Military and Veterans Code, relating to veterans." +517,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12519 of the Health and Safety Code is amended to read: +12519. +“Model rocket” means a toy or educational device that weighs not more than 1500 grams, including the engine and any payload, that is propelled by a model rocket motor, and that conforms to the definition of “model rocket” in the 2013 edition of the “NFPA 1122: Code for Model Rocketry,” or a more recent edition as adopted by the State Fire Marshal. +SEC. 2. +Section 12520 of the Health and Safety Code is amended to read: +12520. +“Model rocket motor” means a rocket propulsion device using commercially manufactured solid propellant, that does not require mixing by the user, and that conforms to the definition of “model rocket motor” in the 2012 edition of the “NFPA 1125: Code for the Manufacture of Model Rocket and High Power Rocket Motors,” or a more recent edition as adopted by the State Fire Marshal. +SEC. 3. +Section 12565 of the Health and Safety Code is amended to read: +12565. +All fireworks or toy propellent devices containing pyrotechnic compositions examined by the State Fire Marshal and found by him or her to come within the definition of “model rocket” or “model rocket motor” in Section 12519 or 12520, respectively, shall be classified as model rocket motors. +SEC. 4. +Section 12602 of the Health and Safety Code is amended to read: +12602. +A license shall not be required for the retail sale, use, or discharge of agricultural and wildlife fireworks, model rocket motors, or emergency signaling devices. +SEC. 5. +Section 12632 of the Health and Safety Code is amended to read: +12632. +The original and annual renewal license fee to manufacture, import, export, or wholesale, or any combination thereof, model rocket motors shall be established and collected by the State Fire Marshal. +SEC. 6. +Section 12634 of the Health and Safety Code is amended to read: +12634. +When a license to manufacture, wholesale, or import and export fireworks has been issued pursuant to Section 12571, 12572, or 12573, respectively, a separate license for the same person to manufacture, wholesale, import, or export agricultural and wildlife fireworks or model rocket motors pursuant to Section 12631 or 12632 shall not be required where the license allows the activity with respect to other fireworks. +SEC. 7. +Section 12640 of the Health and Safety Code is amended to read: +12640. +In any case where this chapter requires that a permit be obtained from the State Fire Marshal, or in any case where the public agency having local jurisdiction requires pursuant to this chapter that a permit be obtained, a licensee shall possess a valid permit before performing any of the following: +(a) Manufacturing, importing, exporting, storing, possessing, or selling dangerous fireworks at wholesale. +(b) Manufacturing, importing, exporting, storing, selling at wholesale and retail safe and sane fireworks and transporting safe and sane fireworks, except that a transportation permit shall not be required for safe and sane fireworks possessed by retail licensees. +(c) Manufacturing, importing, exporting, possessing, storing, transporting, using, selling at wholesale and retail, those fireworks classified by the State Fire Marshal as agricultural and wildlife fireworks. +(d) Manufacturing, importing, exporting, possessing, storing, selling at wholesale and retail, model rocket motors. +(e) Discharging dangerous fireworks at any place, including a public display. +(f) Using special effects. +SEC. 8. +Section 12688 of the Health and Safety Code is amended to read: +12688. +It is unlawful for a person to advertise to sell or transfer any class of fireworks, including agricultural and wildlife fireworks or model rocket motors, unless he or she possesses a valid license or permit. +SEC. 9. +Section 12722 of the Health and Safety Code is amended to read: +12722. +The following fireworks may be seized pursuant to Section 12721: +(a) Those fireworks that are sold, offered for sale, possessed, stored, used, or transported within this state prior to having been examined, classified, and registered by the State Fire Marshal, except those specific items designated as samples pending examination, classification, and registration by the State Fire Marshal where the licensee provides documentary evidence that the action by the State Fire Marshal is pending. +(b) All imported fireworks possessed without benefit of the filing of notices as required by this part. +(c) Safe and sane fireworks stored in violation of the conditions required by the permit as provided in this part. +(d) Safe and sane fireworks sold or offered for sale at retail that do not bear the State Fire Marshal label of registration and firing instructions. +(e) Safe and sane fireworks sold or offered for sale at retail that are in unsealed packages or containers that do not bear the State Fire Marshal label of registration and firing instructions. +(f) Safe and sane fireworks sold or offered for sale at retail before 12 noon on the 28th day of June or after 12 noon on the sixth day of July of each year. +(g) Each safe and sane fireworks item sold or offered for sale at retail that does not have its fuse or other igniting device protected by a cap approved by the State Fire Marshal, or groups of fireworks with exposed fuses that are not enclosed in sealed packages that bear the State Fire Marshal label of registration. The State Fire Marshal shall approve the caps as he or she determines provide reasonable protection from unintentional ignition of the fireworks. +(h) Dangerous fireworks, including fireworks kits, used, possessed, stored, manufactured, or transported by a person who does not possess a valid permit authorizing an activity listed in this part. +(i) Fireworks stored or sold in a public garage or public oil station, or on any premises where gasoline or any other class 1 flammable liquids are stored or dispensed. +(j) Fireworks still possessed by a person who has just thrown any ignited fireworks at a person or group of persons. +(k) Model rocket motors or model rockets with motors possessed by a person who does not hold a valid permit. +(l) An emergency signaling device sold, offered for sale, or used that does not bear the State Fire Marshal label of registration as required by this part. +(m) Fireworks or pyrotechnic device offered for sale by a person violating this part.","Existing law authorizes the State Fire Marshal to issue and renew licenses for the manufacture, import, export, sale, and use of all fireworks and pyrotechnic devices. Existing law provides that a license shall not be required for the retail sale, use, or discharge of model rocket engines. Existing law requires the State Fire Marshal to classify all fireworks and pyrotechnic devices and prohibits the importation, sale, or offering for sale prior to the classification. Existing law requires all fireworks or toy propellant devices containing pyrotechnic compositions that the State Fire Marshal finds come within the definition of a “model rocket” or “model rocket engine” to be classified as model rocket engines. Existing law prohibits a person from launching a model rocket from a site without first securing authorization from the authority having jurisdiction. Existing law defines a model rocket as a toy or educational device that weighs not more than 500 grams, including the engine and any payload, that is propelled by a model rocket engine. Existing law defines a model rocket engine as a commercially manufactured, nonreusable rocket propulsion device that is constructed of nonmetallic casing and solid propellant, as provided. +This bill would add to the definition of “model rocket” a requirement that it conform to the definition of “model rocket” as used in the 2013 edition of the “NFPA 1122: Code for Model Rocketry,” or a more recent edition as adopted by the State Fire Marshal, and would increase the maximum weight of a model rocket to not more than 1500 grams. This bill would change all references in statute to model rocket engines to instead refer to model rocket motors. The bill would revise the definition of “model rocket motor” to mean a rocket propulsion device using commercially manufactured solid propellant that does not require mixing by the user and that conforms to the definition of “model rocket motor” as used in the 2012 edition of the “NFPA 1125: Code for the Manufacture of Model Rocket and High Power Rocket Motors,” or a more recent edition as adopted by the State Fire Marshal.","An act to amend Sections 12519, 12520, 12565, 12602, 12632, 12634, 12640, 12688, and 12722 of the Health and Safety Code, relating to explosives." +518,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the Pool Safety Act. +SEC. 2. +The Legislature finds and declares all of the following: +(a) Swimming pools provide children and their families with a wonderful opportunity for recreation, exercise, and fun. Keeping children safe during this activity is supported by parents and guardians, safety advocates, health providers, insurance companies, and the swimming pool industry. +(b) According to both the federal Centers for Disease Control and Prevention’s National Center for Injury Prevention and Control and the State Department of Public Health’s EpiCenter data, drowning is the leading cause of death for California children one to four years of age, inclusive. +(c) Additional children suffer near-drowning incidents and survive, but many of those children suffer irreversible brain injuries, which can lead to lifelong learning deficiencies that impact not only the affected child and his or her family, but also the resources and moneys available to California’s health care system, regional centers, and special education school programs. +(d) Close parental supervision of children with access to swimming pools is essential to providing pool safety for children. Barriers, such as those required pursuant to Section 115922 of the Health and Safety Code, can help to deter young children from gaining unsupervised access to pools. Swimming lessons are encouraged and can help children understand the importance of water safety. +(e) All water sports activities come with risk. Knowing the risks and having drowning prevention strategies in place before and during water sports activities reduce drowning incidents, and the installation of a residential pool barrier is a leading strategy to further California’s goal of dramatically reducing unintentional injury. +SEC. 3. +Section 7195 of the Business and Professions Code is amended to read: +7195. +For purposes of this chapter, the following definitions apply: +(a) (1) “Home inspection” is a noninvasive, physical examination, performed for a fee in connection with a transfer, as defined in subdivision (e), of real property, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units designed to identify material defects in those systems, structures, and components. “Home inspection” includes any consultation regarding the property that is represented to be a home inspection or any confusingly similar term. +(2) In connection with a transfer, as defined in subdivision (e), of real property with a swimming pool or spa, a “home inspection” shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with. +(3) “Home inspection,” if requested by the client, may include an inspection of energy efficiency. Energy efficiency items to be inspected may include the following: +(A) A noninvasive inspection of insulation R-values in attics, roofs, walls, floors, and ducts. +(B) The number of window glass panes and frame types. +(C) The heating and cooling equipment and water heating systems. +(D) The age and fuel type of major appliances. +(E) The exhaust and cooling fans. +(F) The type of thermostat and other systems. +(G) The general integrity and potential leakage areas of walls, window areas, doors, and duct systems. +(H) The solar control efficiency of existing windows. +(b) A “material defect” is a condition that significantly affects the value, desirability, habitability, or safety of the dwelling. Style or aesthetics shall not be considered in determining whether a system, structure, or component is defective. +(c) A “home inspection report” is a written report prepared for a fee and issued after a home inspection. The report clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons. In a dwelling with a pool or spa, the “home inspection report” shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features. +(d) A “home inspector” is any individual who performs a home inspection. +(e) “Transfer” is a transfer by sale, exchange, installment land sales contract, as defined in Section 2985 of the Civil Code, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property or residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units. +SEC. 4. +Section 115922 of the Health and Safety Code is amended to read: +115922. +(a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features: +(1) An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home. +(2) Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F 2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device. +(3) An approved safety pool cover, as defined in subdivision (d) of Section 115921. +(4) Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.” +(5) A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family home’s doors providing direct access to the swimming pool or spa. +(6) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F 2208 “Standards Specification for Pool Alarms,” which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature. +(7) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME). +(b) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this act and, if no violations are found, shall give final approval. +SEC. 5. +Section 115925 of the Health and Safety Code is amended to read: +115925. +The requirements of this article shall not apply to any of the following: +(a) Public swimming pools. +(b) Hot tubs or spas with locking safety covers that comply with the American Society for Testing Materials (ASTM F1346). +(c) An apartment complex, or any residential setting other than a single-family home. +SEC. 6. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Swimming Pool Safety Act, provides that it does not apply to any pool within the jurisdiction of any political subdivision that adopts an ordinance for swimming pools, as specified. The act further requires, when a building permit is issued for construction of a new swimming pool or spa, or the remodeling of an existing pool or spa, at a private, single-family home, that the pool or spa be equipped with at least 1 of 7 drowning prevention safety features. The act requires the local building code official to inspect and approve the drowning safety prevention devices before the issuance of a final approval for the completion of permitted construction or remodeling work. +This bill would instead require, when a building permit is issued, that the pool or spa be equipped with at least 2 of the 7 drowning prevention safety features. By imposing additional duties on local officials, this bill would impose a state-mandated local program. The bill would remove the exemption for the above-described political subdivisions. +Existing law defines terms related to paid home inspections, establishes a standard of care for home inspectors, and prohibits certain inspections in which the inspector or the inspector’s employer, as specified, has a financial interest. +This bill would require a home inspection for real property with a swimming pool or spa to include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the specified 7 drowning prevention safety features the pool or spa is equipped with. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 7195 of the Business and Professions Code, and to amend Sections 115922 and 115925 of the Health and Safety Code, relating to public health." +519,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10072 of the Welfare and Institutions Code is amended to read: +10072. +The electronic benefits transfer system required by this chapter shall be designed to do, but not be limited to, all of the following: +(a) To the extent permitted by federal law and the rules of the program providing the benefits, recipients who are required to receive their benefits using an electronic benefits transfer system shall be permitted to gain access to the benefits in any part of the state where electronic benefits transfers are accepted. All electronic benefits transfer systems in this state shall be designed to allow recipients to gain access to their benefits by using every other electronic benefits transfer system. +(b) To the maximum extent feasible, electronic benefits transfer systems shall be designed to be compatible with the electronic benefits transfer systems in other states. +(c) All reasonable measures shall be taken in order to ensure that recipients have access to electronically issued benefits through systems such as automated teller machines, point-of-sale devices, or other devices that accept electronic benefits transfer transactions. Benefits provided under Chapter 2 (commencing with Section 11200) of Part 3 shall be staggered over a period of three calendar days, unless a county requests a waiver from the department and the waiver is approved, or in cases of hardship pursuant to subdivision (p). +(d) The system shall provide for reasonable access to benefits to recipients who demonstrate an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier. These alternative methods shall conform to the requirements of the Americans with Disabilities Act (42 U.S.C. Sec. 12101, et seq.), including reasonable accommodations for recipients who, because of physical or mental disabilities, are unable to operate or otherwise make effective use of the electronic benefits transfer system. +(e) The system shall permit a recipient the option to choose a personal identification number, also known as a “PIN” number, to assist the recipient to remember his or her number in order to allow access to benefits. Whenever an institution, authorized representative, or other third party not part of the recipient household or assistance unit has been issued an electronic benefits transfer card, either in lieu of, or in addition to, the recipient, the third party shall have a separate card and personal identification number. At the option of the recipient, he or she may designate whether restrictions apply to the third party’s access to the recipient’s benefits. At the option of the recipient head of household or assistance unit, the county shall provide one electronic benefits transfer card to each adult member to enable them to access benefits. +(f) The system shall have a 24-hour per day toll-free telephone hotline for the reporting of lost or stolen cards that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to access, over the telephone, the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail. +(g) The system shall have an Internet Web site that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to view the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail. +(h) In addition to the ability to receive transaction history detail pursuant to subdivisions (f) and (g), a county human services agency shall make available to an authorized representative or head of household, at no additional cost to the authorized representative or head of household, all electronic benefit transaction history details that are available to the county human services agency within 10 business days after a request has been received by the agency. +(i) (1) A recipient shall not incur any loss of electronic benefits after reporting that his or her electronic benefits transfer card or personal identification number has been lost or stolen. The system shall provide for the prompt replacement of lost or stolen electronic benefits transfer cards and personal identification numbers. Electronic benefits for which the case was determined eligible and that were not withdrawn by transactions using an authorized personal identification number for the account shall also be promptly replaced. +(2) A recipient shall not incur any loss of cash benefits that are taken by an unauthorized withdrawal, removal, or use of benefits that does not occur by the use of a physical +EBT +electronic benefits transfer +card issued to the recipient or authorized third party to directly access the benefits. Benefits taken as described in this paragraph shall be promptly replaced in accordance with the protocol established by the department pursuant to paragraph (3). +(3) The State Department of Social Services shall establish a protocol for recipients to report electronic theft of cash benefits that minimizes the burden on recipients, ensures prompt replacement of benefits in order to minimize the harm to recipients, and ensures program integrity. This protocol may include the automatic replacement of benefits without the need for recipient reporting and verification. +(j) Electronic benefits transfer system consumers shall be informed +on +as to +how to use electronic benefits transfer cards, how to protect their cards from misuse, and where consumers can use their cards to withdraw benefits without incurring a fee, charge, or surcharge. +(k) The electronic benefits transfer system shall be designed to inform recipients when the electronic benefits transfer system does not function or is expected not to function for more than a one-hour period between 6 a.m. and midnight during any 24-hour period. This information shall be made available in the recipient’s preferred language if the electronic benefits transfer system vendor contract provides for services in that language. +(l) Procedures shall be developed for error resolution. +(m) No fee shall be charged by the state, a county, or an electronic benefits processor certified by the state to retailers participating in the electronic benefits transfer system. +(n) Except for CalFresh transactions, a recipient may be charged a fee, not to exceed the amount allowed by applicable state and federal law and customarily charged to other customers, for cash withdrawal transactions that exceed four per month. +(o) The electronic benefits transfer system shall be designed to ensure that recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 have access to using or withdrawing benefits with minimal fees or charges, including an opportunity to access benefits with no fee or charges. +(p) A county shall exempt an individual from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship. Hardship includes, but is not limited to, the incurrence of late charges on an individual’s housing payments. +(q) A county shall use information provided by the department to inform recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 of all of the following: +(1) The methods of electronic delivery of benefits available, including distribution of benefits through the electronic benefits transfer system or direct deposit pursuant to Section 11006.2. +(2) Applicable fees and charges, including surcharges, consumer and privacy protections, and liability for theft associated with the electronic benefits transfer system. +(3) How to avoid fees and charges, including opting for delivery of benefits by direct deposit and using the electronic benefits transfer card solely at surcharge free locations. +(4) Where to withdraw benefits without a surcharge when using the electronic benefits transfer system. +(5) That a recipient may authorize any available method of electronic delivery of benefits and instructions regarding how the recipient may select or change his or her preferred method of electronic delivery of benefits and that the recipient shall be given the opportunity to select the method prior to the first payment. +(6) That a recipient may be entitled to an alternative method of delivery if the recipient demonstrates an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier pursuant to subdivision (d) and instructions regarding how to determine whether the recipient qualifies for an alternative method of delivery. +(7) That a recipient may be entitled to an exemption from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship pursuant to subdivision (o) and instructions regarding how to determine whether the recipient qualifies for the exemption. +(r) A county is in compliance with subdivision (q) if it provides the recipient a copy of the information developed by the department. A county may provide a recipient information, in addition to the copy of the information developed by the department, pursuant to subdivision (q), either verbally or in writing, if the county determines the additional information will benefit the recipient’s understanding of the information provided.","Existing law, administered by the State Department of Social Services, provides for the establishment of a statewide electronic benefits transfer (EBT) system for the purpose of providing financial and food assistance benefits. Existing law authorizes a county to deliver CalFresh benefits and, upon election by the county, CalWORKs benefits through the use of an EBT system. Existing law requires, among other things, that a recipient not incur any loss of cash benefits that are taken by an unauthorized withdrawal, removal, or use of benefits that does not occur by the use of a physical EBT card issued to the recipient or authorized 3rd party to directly access the benefits. +This bill would make technical, nonsubstantive changes to those provisions.","An act to amend Section 10072 of the Welfare and Institutions Code, relating to public social services." +520,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12201.02 is added to the Welfare and Institutions Code, to read: +12201.02. +Notwithstanding any other law, for the 2015–16 fiscal year, and annually thereafter, the state maximum SSP grant for individuals shall be readjusted and increased so that the state SSP payment and federal SSI payment, when combined, shall equal 112 percent of the federal poverty level. +SECTION 1. +Section 1432 of the +Health and Safety Code +is amended to read: +1432. +(a) (1)A licensee shall not discriminate or retaliate in any manner against a complainant, patient, employee, member of the medical staff, or any other health care worker of the long-term health care facility, on the basis or for the reason that the person has done either of the following: +(A)Presented a grievance, complaint, or report to the facility, to an entity or agency responsible for accrediting or evaluating the facility or the medical staff of the facility, or to any other governmental entity. +(B)Initiated, participated, or cooperated in an investigation or administrative proceeding related to the quality of care, services, or conditions at the facility that is carried out by an entity or agency responsible for accrediting or evaluating the facility or its medical staff, or any other governmental entity. +(2)An entity that owns or operates a long-term health care facility shall not discriminate or retaliate against a person because that person has taken an action described in this subdivision. +(3)A violation of this section is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000). The civil penalty shall be assessed and recovered through the same administrative process set forth in Chapter 2.4 (commencing with Section 1417). +(b) An attempt to expel a patient from a long-term health care facility, or any type of discriminatory treatment of a patient by whom, or upon whose behalf, a grievance or complaint has been submitted, directly or indirectly, to a governmental entity or received by a long-term health care facility administrator or any proceeding instituted under or related to this chapter within 180 days of the filing of the complaint or the institution of the action, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation for the filing of the complaint. +(c) (1)An attempt to terminate the employment, or other discriminatory treatment, of an employee, complainant, patient, member of the medical staff, or any other health care worker who has presented a grievance or complaint or has initiated, participated, or cooperated in an investigation or proceeding of a governmental entity as specified in subdivision (a), where the facility or licensee had knowledge of the employee, complainant, patient, member of the medical staff, or any other health care worker’s initiation, participation, or cooperation, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation if it occurs within 120 days of the filing of the grievance or complaint, or the institution of the action. +(2)For purposes of this section, discriminatory treatment of an employee, member of the medical staff, or any other health care worker includes, but is not limited to, discharge, demotion, suspension, or an unfavorable change in, or breach of, the terms or conditions of a contract, employment, or privileges of the employee, member of the medical staff, or any other health care worker of the health care facility, or the threat of any of these actions. +(d) Presumptions provided for in subdivisions (b) and (c) are presumptions affecting the burden of producing evidence as provided in Section 603 of the Evidence Code. +(e) If the civil penalty assessed is one thousand dollars ($1,000) or less, the violation shall be issued and enforced in the same manner as a class “B” violation, except in no case shall the penalty be trebled. If the civil penalty assessed is in excess of one thousand dollars ($1,000), the violation shall be issued and enforced in the same manner as a class “A” violation, except in no case shall the penalty be trebled. +(f) A person who willfully violates this section is guilty of an infraction punishable by a fine of not more than twenty thousand dollars ($20,000). +(g) A licensee who violates this section is subject to a civil penalty or a criminal fine, but not both. +(h) A long-term health care facility shall prominently post in a facility location accessible to staff, patients, and visitors written notice of the right to request an inspection pursuant to Section 1419, the procedure for doing so, including the right to remain anonymous, and the prohibition against retaliation. +(i)(1)An employee who has been discriminated against in employment pursuant to this section is entitled to reinstatement, reimbursement for lost wages and work benefits caused by the acts of the employer, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law. +(2)A health care worker who has been discriminated against pursuant to this section is entitled to reinstatement, reimbursement for lost income, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law. +(3)A member of the medical staff who has been discriminated against pursuant to this section is entitled to reinstatement, reimbursement for lost income resulting from a change in the terms or conditions of his or her privileges caused by the acts of the facility or the entity that owns or operates the facility or any other health facility that is owned or operated by that entity, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law. +(4)For purposes of this subdivision, “legal costs” means attorney’s fees, litigation costs, and expert witness fees incurred in the litigation. +(j)For purposes of this section, “long-term health care facility” means a facility defined under Section 1418, including, but not limited to, the facility’s administrative personnel, employees, boards, and committees of the board, and medical staff. +(k)For purposes of this section, “complainant” means a person who has filed a complaint, as defined in Section 1420. +(l)This section does not abrogate or limit any other theory of liability or remedy otherwise available at law. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides for the State Supplementary Program for the Aged, Blind and Disabled (SSP), which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income (SSI) payments made available pursuant to the federal Social Security Act. +Under existing law, benefit payments under the SSP are calculated by establishing the maximum level of nonexempt income and federal SSI and state SSP benefits for each category of eligible recipient. The state SSP payment is the amount, when added to the nonexempt income and SSI benefits available to the recipient, which would be required to provide the maximum benefit payment. +This bill, for the 2015–16 fiscal year, and annually thereafter, would require the state maximum SSP grant for individuals to be readjusted and increased so that the state SSP payment and federal SSI payment, when combined, equal 112% of the federal poverty level. By increasing the amount of SSP payments, which are expended from a continuously appropriated fund, the bill would make an appropriation. +Existing law prohibits a licensee of a long-term health care facility from discriminating or retaliating in any manner against a complainant, or a patient or employee in its facility, based on the presentation of a grievance or complaint or activities related to a specified investigation or proceeding at the facility. Existing law makes the willful violation of these provisions punishable as a crime. +This bill would expand the antiretaliation protections to apply to all health care workers of a long-term health care facility. The bill would increase the civil penalties and criminal penalties that apply to licensees who violate the provisions. The bill would also specify that a complainant who has been discriminated against may recover attorney’s fees and other legal costs. +Because this bill would expand the scope of a crime, it would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1432 of the Health and Safety Code, relating to health facilities. +An act to add Section 12201.02 to the Welfare and Institutions Code, relating to public social services, and making an appropriation therefor +." +521,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 218 of the Revenue and Taxation Code is amended to read: +218. +(a) The homeowners’ property tax exemption is in the amount of the assessed value of the dwelling specified in this section, as authorized pursuant to subdivision (k) of Section 3 of Article XIII of the Constitution. That exemption is in the following amounts: +(1) Seven thousand dollars ($7,000) of the full value of the dwelling through the 2015–16 fiscal year. +(2) (A) Beginning with the lien date for the 2016–17 fiscal year, twenty-five thousand dollars ($25,000) of the full value of the dwelling. +(B) Beginning with the lien date for the 2017–18 fiscal year and for each fiscal year thereafter, the assessor shall adjust the exemption amount of the prior fiscal year by the percentage change, rounded to the nearest one-thousandth of 1 percent, in the House Price Index for California for the first three quarters of the prior calendar year, as determined by the federal Housing Finance Agency. +(b) (1) The exemption does not extend to property that is rented, vacant, under construction on the lien date, or that is a vacation or secondary home of the owner or owners, nor does it apply to property on which an owner receives the veteran’s exemption. +(2) Notwithstanding paragraph (1), if a person receiving the exemption is not occupying the dwelling on the lien date because the dwelling was damaged in a misfortune or calamity, the person shall be deemed to occupy that same dwelling as his or her principal place of residence on the lien date, provided the person’s absence from the dwelling is temporary and the person intends to return to the dwelling when possible to do so. Except as provided in paragraph (3), when a dwelling has been totally destroyed, and thus no dwelling exists on the lien date, the exemption provided by this section shall not be applicable until the structure has been replaced and is occupied as a dwelling. +(3) A dwelling that was totally destroyed in a disaster for which the Governor proclaimed a state of emergency, that qualified for the exemption provided by this section prior to the commencement date of the disaster and that has not changed ownership since the commencement date of the disaster, shall be deemed occupied by the person receiving the exemption on the lien date provided the person intends to reconstruct a dwelling on the property and occupy the dwelling as his or her principal place of residence when it is possible to do so. +(c) For purposes of this section, all of the following apply: +(1) “Owner” includes a person purchasing the dwelling under a contract of sale or who holds shares or membership in a cooperative housing corporation, which holding is a requisite to the exclusive right of occupancy of a dwelling. +(2) (A) “Dwelling” means a building, structure, or other shelter constituting a place of abode, whether real property or personal property, and any land on which it may be situated. A two-dwelling unit shall be considered as two separate single-family dwellings. +(B) “Dwelling” includes the following: +(i) A single-family dwelling occupied by an owner thereof as his or her principal place of residence on the lien date. +(ii) A multiple-dwelling unit occupied by an owner thereof on the lien date as his or her principal place of residence. +(iii) A condominium occupied by an owner thereof as his or her principal place of residence on the lien date. +(iv) Premises occupied by the owner of shares or a membership interest in a cooperative housing corporation, as defined in subdivision (i) of Section 61, as his or her principal place of residence on the lien date. Each exemption allowed pursuant to this subdivision shall be deducted from the total assessed valuation of the cooperative housing corporation. The exemption shall be taken into account in apportioning property taxes among owners of share or membership interests in the cooperative housing corporations so as to benefit those owners who qualify for the exemption. +(d) The exemption provided for in subdivision (k) of Section 3 of Article XIII of the California Constitution shall first be applied to the building, structure, or other shelter and the excess, if any, shall be applied to any land on which it may be located. +SEC. 2. +Section 17053.5 of the Revenue and Taxation Code is amended to read: +17053.5. +(a) (1) For a qualified renter, there shall be allowed a credit against his or her “net tax,” as defined in Section 17039. The amount of the credit shall be as follows: +(A) (i) For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred twenty dollars ($120) if adjusted gross income is fifty thousand dollars ($50,000) or less. +(ii) For taxable years beginning on or after January 1, 2016, the credit shall be equal to four hundred twenty-eight dollars ($428) for taxpayers described in clause (i). For taxable years beginning on or after January 1, 2017, the Franchise Tax Board shall adjust the amount of the credit as provided by subdivision (j). +(B) (i) For other individuals, the credit shall be equal to sixty dollars ($60) if adjusted gross income is twenty-five thousand dollars ($25,000) or less. +(ii) For taxable years beginning on or after January 1, 2016, the credit shall be equal to two hundred fourteen dollars ($214) for taxpayers described in clause (i). For taxable years beginning on or after January 1, 2017, the Franchise Tax Board shall adjust the amount of the credit as provided by subdivision (j). +(2) Except as provided in subdivision (b), a husband and wife shall receive but one credit under this section. If the husband and wife file separate returns, the credit may be taken by either or equally divided between them, except as follows: +(A) If one spouse was a resident for the entire taxable year and the other spouse was a nonresident for part or all of the taxable year, the resident spouse shall be allowed one-half the credit allowed to married persons and the nonresident spouse shall be permitted one-half the credit allowed to married persons, prorated as provided in subdivision (e). +(B) If both spouses were nonresidents for part of the taxable year, the credit allowed to married persons shall be divided equally between them subject to the proration provided in subdivision (e). +(b) For a husband and wife, if each spouse maintained a separate place of residence and resided in this state during the entire taxable year, each spouse will be allowed one-half the full credit allowed to married persons provided in subdivision (a). +(c) For purposes of this section, a “qualified renter” means an individual who satisfies both of the following: +(1) Was a resident of this state, as defined in Section 17014. +(2) Rented and occupied premises in this state which constituted his or her principal place of residence during at least 50 percent of the taxable year. +(d) “Qualified renter” does not include any of the following: +(1) An individual who for more than 50 percent of the taxable year rented and occupied premises that were exempt from property taxes, except that an individual, otherwise qualified, is deemed a qualified renter if he or she or his or her landlord pays possessory interest taxes, or the owner of those premises makes payments in lieu of property taxes that are substantially equivalent to property taxes paid on properties of comparable market value. +(2) An individual whose principal place of residence for more than 50 percent of the taxable year is with any other person who claimed that individual as a dependent for income tax purposes. +(3) An individual who has been granted or whose spouse has been granted the homeowners’ property tax exemption during the taxable year. This paragraph does not apply to an individual whose spouse has been granted the homeowners’ property tax exemption if each spouse maintained a separate residence for the entire taxable year. +(e) An otherwise qualified renter who is a nonresident for any portion of the taxable year shall claim the credits set forth in subdivision (a) at the rate of one-twelfth of those credits for each full month that individual resided within this state during the taxable year. +(f) A person claiming the credit provided in this section shall, as part of that claim, and under penalty of perjury, furnish that information as the Franchise Tax Board prescribes on a form supplied by the board. +(g) The credit provided in this section shall be claimed on returns in the form as the Franchise Tax Board may from time to time prescribe. +(h) For purposes of this section, “premises” means a house or a dwelling unit used to provide living accommodations in a building or structure and the land incidental thereto, but does not include land only, unless the dwelling unit is a mobilehome. The credit is not allowed for any taxable year for the rental of land upon which a mobilehome is located if the mobilehome has been granted a homeowners’ exemption under Section 218 in that year. +(i) This section shall become operative on January 1, 1998, and applies to any taxable year beginning on or after January 1, 1998. +(j) For each taxable year beginning on or after January 1, 1999, the Franchise Tax Board shall recompute the adjusted gross income amounts set forth in subdivision (a). For each taxable year beginning on or after January 1, 2017, the Franchise Tax Board shall also recompute the amount of the credit set forth in subdivision (a). These computations shall be made as follows: +(1) The Department of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index for all items from June of the prior calendar year to June of the current year, no later than August 1 of the current calendar year. +(2) The Franchise Tax Board shall compute an inflation adjustment factor by adding 100 percent to that portion of the percentage change figure furnished pursuant to paragraph (1) and dividing the result by 100. +(3) The Franchise Tax Board shall multiply the amounts in paragraph (1) of subdivision (a) for the preceding taxable year by the inflation adjustment factor determined in paragraph (2), and round off the resulting products to the nearest one dollar ($1). +(4) In computing the amounts pursuant to this subdivision, the amounts provided in subparagraph (A) of paragraph (1) of subdivision (a) shall be twice the amount provided in subparagraph (B) of paragraph (1) of subdivision (a). +SEC. 3. +Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 4. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","Existing property tax law provides, pursuant to the authority of a specified provision of the California Constitution, for a homeowners’ exemption in the amount of $7,000 of the full value of a “dwelling,” as defined, and authorizes the Legislature to increase this exemption. +This bill, beginning with the lien date for the 2016–17 fiscal year, would increase the homeowners’ exemption from $7,000 to $25,000 of the full value of a dwelling. This bill would also require, for the 2017–18 fiscal year and for each fiscal year thereafter, the county assessor to adjust the amount of the homeowners’ exemption by the percentage change in the House Price Index for California for the first 3 quarters of the prior calendar year, as specified. +The California Constitution requires the Legislature, whenever it increases the homeowners’ property tax exemption, to provide a comparable increase in benefits to qualified renters. The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for married couples filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000 or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000 or less. Existing law requires the Franchise Tax Board to annually adjust for inflation these adjusted gross income amounts. +This bill would, for taxable years beginning on and after January 1, 2016, increase this credit for a qualified renter to $428 for married couples filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000 or less, as adjusted for inflation, and to an amount equal to $214 for other individuals if adjusted gross income is $25,000 or less, as adjusted for inflation. The bill would also require, for taxable years beginning on or after January 1, 2017, the Franchise Tax Board to annually adjust for inflation, based upon the California Consumer Price Index, the amount of these credits. The bill would also make technical, nonsubstantive changes to the renters’ credit. +Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. +The California Constitution requires the Legislature, in each fiscal year, to reimburse local governments for the revenue losses incurred by those governments in that fiscal year as a result of the homeowners’ property tax exemption. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +This bill would take effect immediately as a tax levy.","An act to amend Sections 218 and 17053.5 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +522,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 23 (commencing with Section 18901) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: +Article 23. Prevention of Animal Homelessness and Cruelty Fund +18901. +(a) An individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Prevention of Animal Homelessness and Cruelty Fund established by Section 18901.1. That designation is to be used as a voluntary contribution on the tax return. +(b) The contributions shall be in full dollar amounts and may be made individually by each signatory on a joint return. +(c) A designation under subdivision (a) shall be made for a taxable year on the original return for that taxable year and once made is irrevocable. If payments and credits reported on the return, together with any other credits associated with the taxpayer’s account, do not exceed the taxpayer’s liability, the return shall be treated as though no designation has been made. +(d) When another voluntary contribution designation is removed from the tax return, or as soon as space is available, whichever occurs first, the Franchise Tax Board shall revise the form of the return to include a space labeled the “Prevention of Animal Homelessness and Cruelty Fund” to allow for the designation permitted. The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to fund all of the following: +(1) Programs designed to prevent and eliminate cat and dog homelessness. +(2) Prevention, investigation, and prosecution of animal cruelty and neglect. +(e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a). +18901.1. +There is hereby established in the State Treasury the Prevention of Animal Homelessness and Cruelty Fund to receive contributions made pursuant to Section 18901. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18901 to be transferred to the Prevention of Animal Homelessness and Cruelty Fund. The Controller shall transfer from the Personal Income Tax Fund to the Prevention of Animal Homelessness and Cruelty Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18901 for payment into that fund. +18901.2. +(a) All money transferred to the Prevention of Animal Homelessness and Cruelty Fund, upon appropriation by the Legislature, shall be allocated as follows: +(1) To the Franchise Tax Board and the Controller for reimbursement of all costs incurred by the Franchise Tax Board and the Controller in connection with their duties under this article. +(2) To the Department of Food and Agriculture for allocation as follows: +(A) Up to 5 percent of the funds allocated to the department shall be used by the department for the development of a mechanism to provide ongoing public awareness through activities that will promote the charitable tax deduction for the fund and seek continued contributions. These activities may include convening a philanthropic roundtable, developing literature for use by the city, county, or city and county animal control agency or shelter that is current on its reporting requirements to the State Department of Public Health, Veterinary Public Health Section, a society for the prevention of cruelty to animals affiliate, or a humane society affiliate for dissemination, and whatever other activities are deemed necessary and appropriate to promote the fund. +(B) Up to two hundred fifty thousand dollars ($250,000) shall be distributed to, and used by, a city, county, or city and county animal control agency or shelter that is current on its reporting requirements to the State Department of Public Health, Veterinary Public Health Section for the sole purpose of supporting spay and neuter activities by that entity to prevent and eliminate cat and dog homelessness. +(C) The remaining moneys, if any, shall be used by programs designed to prevent and eliminate cat and dog homelessness or programs for the prevention, investigation, and prosecution of animal cruelty and neglect. The grants are to be distributed to a city, county, or city and county animal control agency or shelter that is current on its reporting requirements to the State Department of Public Health, Veterinary Public Health Section, a society for the prevention of cruelty to animals affiliate, or a humane society affiliate. A society for the prevention of cruelty to animals affiliate or a humane society affiliate shall be a California corporation, duly incorporated in the state of California, in active status, as described on the business search page of the Secretary of State’s Internet Web site, and exempt from federal income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code. +(b) The Department of Food and Agriculture shall award grants through a competitive, project-specific grant process and shall be responsible for overseeing that grant program. A grantee shall not use a grant award for administrative expenses or for any purposes outside of California. +(c) The Department of Food and Agriculture may consult with the State Department of Public Health to develop the grant process and the oversight of the grant program. +(d) No Prevention of Animal Homelessness and Cruelty Fund money shall be used to supplant state General Fund money for any purpose. +18901.3. +(a) Except as otherwise provided in subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the Prevention of Animal Homelessness and Cruelty Fund on the tax return, or January 1, 2022, whichever occurs first, and is repealed as of December 1 of that year. +(b) (1) By September 1 of the second calendar year and by September 1 of each subsequent calendar year that the Prevention of Animal Homelessness and Cruelty Fund appears on the tax return, the Franchise Tax Board shall do all of the following: +(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. +(B) Provide written notification to the Department of Food and Agriculture of the amount determined in subparagraph (A). +(C) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. +(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. +(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the Prevention of Animal Homelessness and Cruelty Fund on the personal income tax return or the adjusted minimum contribution amount adjusted pursuant to subdivision (c). +(c) For each calendar year, beginning with the third calendar year after the first appearance of the Prevention of Animal Homelessness and Cruelty Fund on the tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum estimated contribution amount specified in subdivision (b) as follows: +(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year, multiplied by the inflation factor adjustment as specified in paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. +(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.","Existing law allows an individual taxpayer to contribute amounts in excess of his or her personal income tax liability for the support of specified funds. +This bill would allow an individual to designate on his or her tax return that a specified amount in excess of his or her tax liability be transferred to the Prevention of Animal Homelessness and Cruelty Fund, which would be created by this bill. The bill would require the Franchise Tax Board to revise the tax return form to include a space for the designation of contributions to the fund when another voluntary designation is removed from the form or there is space, whichever occurs first. +This bill would require money contributed to the fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller for reimbursement of costs, as provided, and to the Department of Food and Agriculture for the development of a mechanism to provide ongoing public awareness through activities that will promote the charitable tax deduction for the fund and seek continued contributions and the distribution of grants on a competitive basis to, among others, a city, county, or city and county animal control agency or shelter, as specified, for the purpose of supporting spay and neuter activities by that entity to prevent and eliminate cat and dog homelessness. +The bill would provide that these provisions would remain in effect only until January 1 of the 5th taxable year following the first appearance of the Prevention of Animal Homelessness and Cruelty Fund on the tax return, or January 1, 2022, whichever occurs first, but would further provide for an earlier repeal if the Franchise Tax Board determines that the amount of contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount, as defined, for that calendar year, in which case these provisions would be repealed on December 1 of that year.","An act to add and repeal Article 23 (commencing with Section 18901) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, relating to taxation." +523,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3041.5 of the Penal Code is amended to read: +3041.5. +(a) At all hearings for the purpose of reviewing a prisoner’s parole suitability, or the setting, postponing, or rescinding of parole dates, with the exception of en banc review of tie votes, the following shall apply: +(1) At least 10 days prior to a hearing by the Board of Parole Hearings, the prisoner shall be permitted to review his or her file that will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file. +(2) The prisoner shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the prisoner nor the attorney for the prisoner shall be entitled to ask questions of a person appearing at the hearing pursuant to subdivision (b) of Section 3043. +(3) Unless legal counsel is required by another law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision are presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures. +(4) The prisoner and a person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings. +(5) If the hearing is for the purpose of postponing or rescinding of parole dates, the prisoner shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932. +(6) The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole. +(b) (1) Within 10 days following a meeting where a parole date has been set, the board shall send the prisoner a written statement setting forth his or her parole date, the conditions he or she must meet in order to be released on the date set, and the consequences of failure to meet those conditions. +(2) Within 20 days following a meeting where a parole date has not been set, the board shall send the prisoner a written statement setting forth the reason or reasons for refusal to set a parole date, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated. +(3) The board shall schedule the next hearing, after considering the views and interests of the victim, as follows: +(A) Fifteen years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the prisoner than 10 additional years. +(B) Ten years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the prisoner than seven additional years. +(C) Three years, five years, or seven years after a hearing at which parole is denied, because the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 are such that consideration of the public and victim’s safety requires a more lengthy period of incarceration for the prisoner, but does not require a more lengthy period of incarceration for the prisoner than seven additional years. +(4) The board may, in its discretion, after considering the views and interests of the victim and the district attorney of the county in which the offense was committed, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the additional period of incarceration of the prisoner provided for in paragraph (3). +(5) Within 10 days of a board action resulting in the postponement of a previously set parole date, the board shall send the prisoner a written statement setting forth a new date and the reason or reasons for that action and shall offer the prisoner an opportunity for review of that action. +(6) Within 10 days of a board action resulting in the rescinding of a previously set parole date, the board shall send the prisoner a written statement setting forth the reason or reasons for that action, and shall schedule the prisoner’s next hearing in accordance with paragraph (3). +(c) The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in, but shall not be deemed to be binding upon, subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in subdivision (b) of Section 3041. +(d) (1) An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. The board shall provide notice of the request to the district attorney and the victim, if the victim has previously requested notification of all board actions, no less than 30 days before the board may grant the inmate’s request. Notice shall be satisfied by mailing copies of the inmate’s request to the office of the district attorney and, if applicable, to the last address provided by the victim to the Office of Victim and Survivor Rights and Services. +(2) The board shall have sole jurisdiction, after considering the views and interests of the district attorney of the county in which the offense was committed, or his or her representative, and the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b). +(3) An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to not set a parole date, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board. +SEC. 1.5. +Section 3041.5 of the Penal Code is amended to read: +3041.5. +(a) At all hearings for the purpose of reviewing an inmate’s parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en banc review of tie votes, the following shall apply: +(1) At least 10 days before a hearing by the Board of Parole Hearings, the inmate shall be permitted to review the file that will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file. +(2) The inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the inmate nor the attorney for the inmate shall be entitled to ask questions of a person appearing at the hearing pursuant to subdivision (b) of Section 3043. +(3) Unless legal counsel is required by another law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision are presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures. +(4) The inmate and a person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings. +(5) If the hearing is for the purpose of postponing or rescinding parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932. +(6) The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole. +(b) (1) Within 10 days following a decision granting parole, the board shall send the inmate a written statement setting forth the reason or reasons for granting parole, the conditions he or she must meet in order to be released, and the consequences of failure to meet those conditions. +(2) Within 20 days following a decision denying parole, the board shall send the inmate a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated. +(3) The board shall schedule the next hearing, after considering the views and interests of the victim, as follows: +(A) Fifteen years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than 10 additional years. +(B) Ten years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than seven additional years. +(C) Three years, five years, or seven years after a hearing at which parole is denied, because the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy period of incarceration for the inmate than seven additional years. +(4) The board may, in its discretion, after considering the views and interests of the victim and the district attorney of the county in which the offense was committed, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the additional period of incarceration of the prisoner provided for in paragraph (3). +(5) Within 10 days of a board action resulting in the rescinding of parole, the board shall send the inmate a written statement setting forth the reason or reasons for that action, and shall schedule the inmate’s next hearing in accordance with paragraph (3). +(c) The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in, but shall not be deemed to be binding upon, subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in subdivision (b) of Section 3041. +(d) (1) An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. The board shall provide notice of the request to the district attorney and the victim, if the victim has previously requested notification of all board actions, no less than 30 days before the board may grant the inmate’s request. Notice shall be satisfied by mailing copies of the inmate’s request to the office of the district attorney and, if applicable, to the last address provided by the victim to the Office of Victim and Survivor Rights and Services. +(2) The board shall have sole jurisdiction, after considering the views and interests of the district attorney of the county in which the offense was committed, or his or her representative, and the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b). +(3) An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board. +SEC. 2. +Section 1.5 of this bill incorporates amendments to Section 3041.5 of the Penal Code proposed by both this bill and Senate Bill 230. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 3041.5 of the Penal Code, and (3) this bill is enacted after Senate Bill 230, in which case Section 1 of this bill shall not become operative.","Existing law provides that, one year prior to the minimum eligible parole release date of an inmate serving an indeterminate sentence, a panel of 2 or more commissioners or deputy commissioners of the Board of Parole Hearings shall meet with the inmate and set a parole release date, as specified. Existing law, as amended by Proposition 9, the Victim’s Bill of Rights Act of 2008: Marsy’s Law, at the November 4, 2008, statewide general election, establishes procedures at all hearings for the purpose of reviewing a prisoner’s parole suitability, or the setting, postponing, or rescinding of parole dates, and provides prisoners and victims specified rights at these hearings. +This bill would require notification of the district attorney of the county in which the offense was committed, or his or her designee, to receive notification of specified parole proceedings. +This bill would incorporate additional changes to Section 3041.5 of the Penal Code proposed by SB 230 that would become operative if this bill and SB 230 are both chaptered and this bill is chaptered last.","An act to amend Section 3041.5 of the Penal Code, relating to parole." +524,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12926 of the Government Code is amended to read: +12926. +As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context: +(a) “Affirmative relief” or “prospective relief” includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part. +(b) “Age” refers to the chronological age of any individual who has reached his or her 40th birthday. +(c) Except as provided by Section 12926.05, “employee” does not include any individual employed by his or her parents, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility. +(d) “Employer” includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows: +“Employer” does not include a religious association or corporation not organized for private profit. +(e) “Employment agency” includes any person undertaking for compensation to procure employees or opportunities to work. +(f) “Essential functions” means the fundamental job duties of the employment position the individual with a disability holds or desires. “Essential functions” does not include the marginal functions of the position. +(1) A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following: +(A) The function may be essential because the reason the position exists is to perform that function. +(B) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed. +(C) The function may be highly specialized, so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function. +(2) Evidence of whether a particular function is essential includes, but is not limited to, the following: +(A) The employer’s judgment as to which functions are essential. +(B) Written job descriptions prepared before advertising or interviewing applicants for the job. +(C) The amount of time spent on the job performing the function. +(D) The consequences of not requiring the incumbent to perform the function. +(E) The terms of a collective bargaining agreement. +(F) The work experiences of past incumbents in the job. +(G) The current work experience of incumbents in similar jobs. +(g) (1) “Genetic information” means, with respect to any individual, information about any of the following: +(A) The individual’s genetic tests. +(B) The genetic tests of family members of the individual. +(C) The manifestation of a disease or disorder in family members of the individual. +(2) “Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. +(3) “Genetic information” does not include information about the sex or age of any individual. +(h) “Labor organization” includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection. +(i) “Medical condition” means either of the following: +(1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer. +(2) Genetic characteristics. For purposes of this section, “genetic characteristics” means either of the following: +(A) Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or his or her offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder. +(B) Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or his or her offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder. +(j) “Mental disability” includes, but is not limited to, all of the following: +(1) Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section: +(A) “Limits” shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. +(B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult. +(C) “Major life activities” shall be broadly construed and shall include physical, mental, and social activities and working. +(2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services. +(3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. +(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult. +(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2). +“Mental disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. +(k) “Military and veteran status” means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard. +(l) “On the bases enumerated in this part” means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. +(m) “Physical disability” includes, but is not limited to, all of the following: +(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following: +(A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine. +(B) Limits a major life activity. For purposes of this section: +(i) “Limits” shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. +(ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult. +(iii) “Major life activities” shall be broadly construed and includes physical, mental, and social activities and working. +(2) Any other health impairment not described in paragraph (1) that requires special education or related services. +(3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. +(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult. +(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2). +(6) “Physical disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. +(n) Notwithstanding subdivisions (j) and (m), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m). +(o) “Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status” includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. +(p) “Reasonable accommodation” may include either of the following: +(1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities. +(2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. +(q) “Religious creed,” “religion,” “religious observance,” “religious belief,” and “creed” include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. “Religious dress practice” shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of the observance by an individual of his or her religious creed. “Religious grooming practice” shall be construed broadly to include all forms of head, facial, and body hair that are part of the observance by an individual of his or her religious creed. +(r) (1) “Sex” includes, but is not limited to, the following: +(A) Pregnancy or medical conditions related to pregnancy. +(B) Childbirth or medical conditions related to childbirth. +(C) Breastfeeding or medical conditions related to breastfeeding. +(2) “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. +(s) “Sexual orientation” means heterosexuality, homosexuality, and bisexuality. +(t) “Supervisor” means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment. +(u) “Undue hardship” means an action requiring significant difficulty or expense, when considered in light of the following factors: +(1) The nature and cost of the accommodation needed. +(2) The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility. +(3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities. +(4) The type of operations, including the composition, structure, and functions of the workforce of the entity. +(5) The geographic separateness or administrative or fiscal relationship of the facility or facilities. +(v) “National origin” discrimination includes, but is not limited to, discrimination on the basis of possessing a driver’s license granted under Section 12801.9 of the Vehicle Code. +SEC. 2. +Section 12926.05 is added to the Government Code, to read: +12926.05. +(a) An individual employed under a special license pursuant to Section 1191 or 1191.5 of the Labor Code in a nonprofit sheltered workshop, day program, or rehabilitation facility may bring an action under this part for any form of harassment or discrimination prohibited by this part. +(b) If an individual specified in subdivision (a) brings an action against an employer for any form of harassment or discrimination prohibited by this part, the employer has an affirmative defense to the action by proving, by a preponderance of evidence, both of the following: +(1) The challenged activity was permitted by statute or regulation. +(2) The challenged activity was necessary to serve employees with disabilities under a special license pursuant to Section 1191 or 1191.5 of the Labor Code. +(c) Nothing in this part relating to discrimination on account of disability shall subject an employer to legal liability for obtaining a license pursuant to Section 1191.5 of the Labor Code or paying an individual with a physical or mental disability less than minimum wage pursuant to either Section 1191 or Section 1191.5 of the Labor Code. +(d) The Legislature finds and declares that the definition of employee in subdivision (c) of Section 12926 was not intended to permit the harassment of, or discrimination against, an individual employed under a special license pursuant to Section 1191 or 1191.5 of the Labor Code in a nonprofit sheltered workshop, day program, or rehabilitation facility.","Existing law, the California Fair Employment and Housing Act, protects the right to seek, obtain, and hold employment without discrimination because of race, religious creed, physical disability, mental disability, sex, age, and sexual orientation, among other characteristics. The act prohibits various forms of employment discrimination, including discharging or refusing to hire or to select for training programs on a prohibited basis. The act prescribes requirements for filing complaints of employment discrimination with the Department of Fair Employment and Housing and charges this department with investigating and determining whether or not to bring a civil action on behalf of the complainant, among other duties. The act exempts employers from remedies for specified unlawful employment practices, including when the discrimination is on the basis of physical or mental disability and the disability prevents the employee from safely performing essential duties even with reasonable accommodations. The act excludes from the definition of “employee,” any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility. A special license permits the employment of individuals with disabilities at a wage less than the legal minimum wage. +This bill would authorize an individual employed under a special license in a nonprofit sheltered workshop, day program, or rehabilitation facility to bring an action under the act for any form of harassment or discrimination prohibited by the act. The bill would provide an employer against whom the individual brings this action with an affirmative defense by proving, by a preponderance of evidence, that the challenged action was permitted by statute or regulation and was necessary to serve employees with disabilities under a special license. The bill would exempt an employer’s obtaining a special license, or hiring or employing a qualified individual at a wage less than the minimum wage in conformity with a special license, from the act’s provisions prohibiting discrimination based on disability. The bill would provide that the definition of employee was not intended to permit the harassment of, or discrimination against, an individual employed under a special license in a nonprofit sheltered workshop, day program, or rehabilitation facility.","An act to amend Section 12926 of, and to add Section 12926.05 to, the Government Code, relating to employment discrimination." +525,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1797.5 of the Fish and Game Code is amended to read: +1797.5. +For the purposes of this chapter, the following terms shall have the following meanings: +(a) “Bank” means a conservation bank, mitigation bank, or conservation and mitigation bank. +(b) “Bank enabling instrument” means a written agreement with the department regarding the establishment, use, operation, and maintenance of the bank. +(c) “Bank sponsor” means the person or entity responsible for establishing and operating a bank. +(d) “Conservation bank” means a publicly or privately owned and operated site that is to be conserved and managed in accordance with a written agreement with the department that includes provisions for the issuance of credits, on which important habitat, including habitat for threatened, endangered, or other special status species, exists, has been, or will be created to do any of the following: +(1) Compensate for take or other adverse impacts of activities authorized pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3. +(2) Reduce adverse impacts to fish or wildlife resources from activities, authorized pursuant to Chapter 6 (commencing with Section 1600) of Division 2, to less than substantial. +(3) Mitigate significant effects on the environment pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and Guidelines for Implementation of the California Environmental Quality Act (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations). +(4) Establish mitigation in advance of any impacts or effects. +(5) To the extent feasible and practicable, protect habitat connectivity for fish and wildlife resources for purposes of this section. +(e) “Conservation easement” means a perpetual conservation easement, as defined by Section 815.1 of the Civil Code, covering the real property that comprises the bank site. +(f) “Mitigation bank” means either of the following: +(1) A bank site or mitigation bank site as defined by Section 1777.2. +(2) Any publicly or privately owned and operated site, other than those defined by Section 1777.2, on which wetlands exist, have been, or will be created, and that is to be conserved and managed in accordance with a written agreement with the department for any of the purposes described in paragraphs (1) to (4), inclusive, of subdivision (d). +(g) “Person” has the meaning set forth in subdivision (b) of Section 711.2. +(h) “Prospectus” means a written summary of the proposed bank containing a sufficient level of detail to support informed department review and comment. +SEC. 2. +Section 1930 of the Fish and Game Code is amended to read: +1930. +The Legislature finds and declares that: +(a) Areas containing diverse ecological and geological characteristics are vital to the continual health and well-being of the state’s natural resources and of its citizens. +(b) Many habitats and ecosystems that constitute the state’s natural diversity are in danger of being lost. +(c) Connectivity between wildlife habitats is important to the long-term viability of the state’s biodiversity. +(d) Preserving and connecting high-quality habitat for wildlife can create habitat strongholds. +(e) Increasingly fragmented habitats threaten the state’s wildlife species. +(f) There is an opportunity to provide incentive for private landowners to maintain and perpetuate significant local natural areas in their natural state. +(g) Efforts to preserve natural areas have been fragmented between federal, state, local, and private sectors. +(h) Analysis of the state’s habitat connectivity benefits from the consideration of all relevant data, including information from private and public landowners. +(i) The department’s existing mapping activities and products should be developed and sustained. +(j) The importance of wildlife corridors to assist in adapting to climate change has been recognized by such groups as the Western Governors’ Association, which unanimously approved a policy to protect wildlife migration corridors and crucial wildlife habitat in 2007. Individual local, state, and federal agencies have also adopted policies aimed at protecting wildlife corridors and habitat connectivity, in order to protect ecosystem health and biodiversity and to improve the resiliency of wildlife and their habitats to climate change. However, these efforts could be enhanced through establishment of a statewide policy to protect important wildlife corridors and habitat linkages where feasible and practicable. +SEC. 3. +Section 1930.5 of the Fish and Game Code is amended to read: +1930.5. +(a) Contingent upon funding being provided by the Wildlife Conservation Board from moneys available pursuant to Section 75055 of the Public Resources Code, or from other appropriate bond funds, upon appropriation by the Legislature, the department shall investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages, as well as the impacts to those wildlife corridors from climate change, and shall prioritize vegetative data development in these areas. +(b) It is the intent of the Legislature that the Wildlife Conservation Board use various funds to work with the department to complete a statewide analysis of wildlife corridors and connectivity to support conservation planning and climate change adaptation activities. +(c) (1) It is the policy of the state to promote the voluntary protection of wildlife corridors and habitat strongholds in order to enhance the resiliency of wildlife and their habitats to climate change, protect biodiversity, and allow for the migration and movement of species by providing connectivity between habitat lands. In order to further these goals, it is the policy of the state to encourage, wherever feasible and practicable, voluntary steps to protect the functioning of wildlife corridors through various means, as applicable and to the extent feasible and practicable, those means may include, but are not limited to: +(A) Acquisition or protection of wildlife corridors as open space through conservation easements. +(B) Installing of wildlife-friendly or directional fencing. +(C) Siting of mitigation and conservation banks in areas that provide habitat connectivity for affected fish and wildlife resources. +(D) Provision of roadway undercrossings, overpasses, oversized culverts, or bridges to allow for fish passage and the movement of wildlife between habitat areas. +(2) The fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for a project shall not be grounds for denying a permit or requiring additional mitigation beyond what would be required to mitigate project impacts under other applicable laws, including, but not limited to, the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3) and the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). +(d) The Legislature finds and declares that there are a number of existing efforts, including, but not limited to, efforts involving working landscapes, that are already working to achieve the policy described in subdivision (c). +(e) Subdivision (c) shall not be construed to create new regulatory requirements or modify the requirements of subparagraphs (B) and (E) of paragraph (4) of subdivision (a) of Section 2820 of the Fish and Game Code, or the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). +(f) For purposes of this section, the following terms have the following meanings: +(1) “Habitat stronghold” means high-quality habitat that supports wildlife in being more resilient to increasing pressures on species due to climate change and land development. +(2) “Wildlife corridor” means a habitat linkage that joins two or more areas of wildlife habitat, allowing for fish passage or the movement of wildlife from one area to another.","Existing law requires the Department of Fish and Wildlife to administer the Significant Natural Areas Program, and requires the department, among other things, to develop and maintain a spatial data system that identifies those areas in the state that are most essential for maintaining habitat connectivity, including wildlife corridors and habitat linkages. Existing law requires the department, contingent upon the provision of certain funding, to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages and prioritize vegetative data development in those areas. Existing law requires the department to seek input from representatives of other state agencies, local government, federal agencies, nongovernmental conservation organizations, landowners, agriculture, recreation, scientific entities, and industry in determining essential wildlife corridors and habitat linkages. +This bill would declare that it is the policy of the state to encourage, wherever feasible and practicable, voluntary steps to protect the functioning of wildlife corridors through various means, as applicable. +Existing law provides for the establishment of conservation banks, defined as publicly or privately owned and operated sites that are to be conserved and managed for habitat protection purposes in accordance with an agreement with the Department of Fish and Wildlife. Existing law provides for the issuance of credits by a conservation bank to, among other things, reduce adverse impacts to fish or wildlife resources from certain activities. Existing law also provides for the establishment of mitigation banks, as defined. +This bill would include within the authorized purposes of a conservation bank the protection of habitat connectivity for fish and wildlife resources. +This bill would provide that the fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for the project shall not be grounds for denying a permit or requiring additional mitigation beyond what is otherwise required by law to mitigate project impacts.","An act to amend Sections 1797.5, 1930, and 1930.5 of the Fish and Game Code, relating to fish and wildlife." +526,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1925 of the Business and Professions Code is amended to read: +1925. +A registered dental hygienist in alternative practice may practice, pursuant to subdivision (a) of Section 1907, subdivision (a) of Section 1908, subdivisions (a) and (b) of Section 1910, Section 1910.5, and Section 1926.05 as an employee of a dentist or of another registered dental hygienist in alternative practice, as an independent contractor, as a sole proprietor of an alternative dental hygiene practice, as an employee of a primary care clinic or specialty clinic that is licensed pursuant to Section 1204 of the Health and Safety Code, as an employee of a primary care clinic exempt from licensure pursuant to subdivision (c) of Section 1206 of the Health and Safety Code, as an employee of a clinic owned or operated by a public hospital or health system, as an employee of a clinic owned and operated by a hospital that maintains the primary contract with a county government to fill the county’s role under Section 17000 of the Welfare and Institutions Code, or as an employee of a professional corporation under the Moscone-Knox Professional Corporation Act (commencing with Section 13400) of Part 4 of Division 3 of Title 1 of the Corporations Code. +SEC. 2. +Article 9.1 (commencing with Section 1967) is added to Chapter 4 of Division 2 of the Business and Professions Code, to read: +Article 9.1. Registered Dental Hygienist in Alternative Practice Corporations +1967. +A registered dental hygienist in alternative practice corporation is a professional corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that professional corporation and its shareholders, officers, directors, and professional employees rendering professional services are in compliance with the Moscone-Knox Professional Corporation Act (commencing with Section 13400) of Part 4 of Division 3 of Title 1 of the Corporations Code, this article, and all other statutes and regulations now or hereafter adopted pertaining to the professional corporation and the conduct of its affairs. With respect to a registered dental hygienist in alternative practice corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Dental Hygiene Committee of California. +1967.1. +It shall constitute unprofessional conduct and a violation of this article for any person licensed under this article to violate, attempt to violate, directly or indirectly, assist in or abet the violation of, or conspire to violate any provision or term of this article, the Moscone-Knox Professional Corporation Act, or any regulations duly adopted under those laws. +1967.2. +A licensee employed by, or practicing in, a registered dental hygienist in alternative practice corporation pursuant to Section 13401.5 of the Corporations Code shall practice within the scope of their license and shall be subject to all applicable licensure provisions in their respective practice act. +1967.3. +The income of a registered dental hygienist in alternative practice corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in subdivision (e) of Section 13401 of the Corporations Code, shall not in any manner accrue to the benefit of such shareholder or his or her shares in the registered dental hygienist in alternative practice corporation. +1967.4. +(a) The bylaws of a registered dental hygienist in alternative practice corporation shall include a provision whereby the capital stock of the professional corporation owned by a disqualified person, as defined in subdivision (e) of Section 13401 of the Corporations Code, or a deceased person, shall be sold to the professional corporation or to the remaining shareholders of the professional corporation not later than 90 days after disqualification, if the shareholder becomes a disqualified person, or not later than six months after death, if the shareholder becomes deceased. +(b) A registered dental hygienist in alternative practice corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services. +SEC. 3. +Section 13401 of the Corporations Code is amended to read: +13401. +As used in this part: +(a) “Professional services” means any type of professional services that may be lawfully rendered only pursuant to a license, certification, or registration authorized by the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act. +(b) “Professional corporation” means a corporation organized under the General Corporation Law or pursuant to subdivision (b) of Section 13406 that is engaged in rendering professional services in a single profession, except as otherwise authorized in Section 13401.5, pursuant to a certificate of registration issued by the governmental agency regulating the profession as herein provided and that in its practice or business designates itself as a professional or other corporation as may be required by statute. However, any professional corporation or foreign professional corporation rendering professional services by persons duly licensed by the Medical Board of California or any examining committee under the jurisdiction of the board, the Osteopathic Medical Board of California, the Dental Board of California, the Dental Hygiene Committee of California, the California State Board of Pharmacy, the Veterinary Medical Board, the California Architects Board, the Court Reporters Board of California, the Board of Behavioral Sciences, the Speech-Language Pathology and Audiology Board, the Board of Registered Nursing, or the State Board of Optometry shall not be required to obtain a certificate of registration in order to render those professional services. +(c) “Foreign professional corporation” means a corporation organized under the laws of a state of the United States other than this state that is engaged in a profession of a type for which there is authorization in the Business and Professions Code for the performance of professional services by a foreign professional corporation. +(d) “Licensed person” means any natural person who is duly licensed under the provisions of the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act to render the same professional services as are or will be rendered by the professional corporation or foreign professional corporation of which he or she is, or intends to become, an officer, director, shareholder, or employee. +(e) “Disqualified person” means a licensed person who for any reason becomes legally disqualified (temporarily or permanently) to render the professional services that the particular professional corporation or foreign professional corporation of which he or she is an officer, director, shareholder, or employee is or was rendering. +SEC. 4. +Section 13401.5 of the Corporations Code is amended to read: +13401.5. +Notwithstanding subdivision (d) of Section 13401 and any other provision of law, the following licensed persons may be shareholders, officers, directors, or professional employees of the professional corporations designated in this section so long as the sum of all shares owned by those licensed persons does not exceed 49 percent of the total number of shares of the professional corporation so designated herein, and so long as the number of those licensed persons owning shares in the professional corporation so designated herein does not exceed the number of persons licensed by the governmental agency regulating the designated professional corporation. This section does not limit employment by a professional corporation designated in this section to only those licensed professionals listed under each subdivision. Any person duly licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act may be employed to render professional services by a professional corporation designated in this section. +(a) Medical corporation. +(1) Licensed doctors of podiatric medicine. +(2) Licensed psychologists. +(3) Registered nurses. +(4) Licensed optometrists. +(5) Licensed marriage and family therapists. +(6) Licensed clinical social workers. +(7) Licensed physician assistants. +(8) Licensed chiropractors. +(9) Licensed acupuncturists. +(10) Naturopathic doctors. +(11) Licensed professional clinical counselors. +(12) Licensed physical therapists. +(b) Podiatric medical corporation. +(1) Licensed physicians and surgeons. +(2) Licensed psychologists. +(3) Registered nurses. +(4) Licensed optometrists. +(5) Licensed chiropractors. +(6) Licensed acupuncturists. +(7) Naturopathic doctors. +(8) Licensed physical therapists. +(c) Psychological corporation. +(1) Licensed physicians and surgeons. +(2) Licensed doctors of podiatric medicine. +(3) Registered nurses. +(4) Licensed optometrists. +(5) Licensed marriage and family therapists. +(6) Licensed clinical social workers. +(7) Licensed chiropractors. +(8) Licensed acupuncturists. +(9) Naturopathic doctors. +(10) Licensed professional clinical counselors. +(d) Speech-language pathology corporation. +(1) Licensed audiologists. +(e) Audiology corporation. +(1) Licensed speech-language pathologists. +(f) Nursing corporation. +(1) Licensed physicians and surgeons. +(2) Licensed doctors of podiatric medicine. +(3) Licensed psychologists. +(4) Licensed optometrists. +(5) Licensed marriage and family therapists. +(6) Licensed clinical social workers. +(7) Licensed physician assistants. +(8) Licensed chiropractors. +(9) Licensed acupuncturists. +(10) Naturopathic doctors. +(11) Licensed professional clinical counselors. +(g) Marriage and family therapist corporation. +(1) Licensed physicians and surgeons. +(2) Licensed psychologists. +(3) Licensed clinical social workers. +(4) Registered nurses. +(5) Licensed chiropractors. +(6) Licensed acupuncturists. +(7) Naturopathic doctors. +(8) Licensed professional clinical counselors. +(h) Licensed clinical social worker corporation. +(1) Licensed physicians and surgeons. +(2) Licensed psychologists. +(3) Licensed marriage and family therapists. +(4) Registered nurses. +(5) Licensed chiropractors. +(6) Licensed acupuncturists. +(7) Naturopathic doctors. +(8) Licensed professional clinical counselors. +(i) Physician assistants corporation. +(1) Licensed physicians and surgeons. +(2) Registered nurses. +(3) Licensed acupuncturists. +(4) Naturopathic doctors. +(j) Optometric corporation. +(1) Licensed physicians and surgeons. +(2) Licensed doctors of podiatric medicine. +(3) Licensed psychologists. +(4) Registered nurses. +(5) Licensed chiropractors. +(6) Licensed acupuncturists. +(7) Naturopathic doctors. +(k) Chiropractic corporation. +(1) Licensed physicians and surgeons. +(2) Licensed doctors of podiatric medicine. +(3) Licensed psychologists. +(4) Registered nurses. +(5) Licensed optometrists. +(6) Licensed marriage and family therapists. +(7) Licensed clinical social workers. +(8) Licensed acupuncturists. +(9) Naturopathic doctors. +(10) Licensed professional clinical counselors. +(l) Acupuncture corporation. +(1) Licensed physicians and surgeons. +(2) Licensed doctors of podiatric medicine. +(3) Licensed psychologists. +(4) Registered nurses. +(5) Licensed optometrists. +(6) Licensed marriage and family therapists. +(7) Licensed clinical social workers. +(8) Licensed physician assistants. +(9) Licensed chiropractors. +(10) Naturopathic doctors. +(11) Licensed professional clinical counselors. +(m) Naturopathic doctor corporation. +(1) Licensed physicians and surgeons. +(2) Licensed psychologists. +(3) Registered nurses. +(4) Licensed physician assistants. +(5) Licensed chiropractors. +(6) Licensed acupuncturists. +(7) Licensed physical therapists. +(8) Licensed doctors of podiatric medicine. +(9) Licensed marriage and family therapists. +(10) Licensed clinical social workers. +(11) Licensed optometrists. +(12) Licensed professional clinical counselors. +(n) Dental corporation. +(1) Licensed physicians and surgeons. +(2) Dental assistants. +(3) Registered dental assistants. +(4) Registered dental assistants in extended functions. +(5) Registered dental hygienists. +(6) Registered dental hygienists in extended functions. +(7) Registered dental hygienists in alternative practice. +(o) Professional clinical counselor corporation. +(1) Licensed physicians and surgeons. +(2) Licensed psychologists. +(3) Licensed clinical social workers. +(4) Licensed marriage and family therapists. +(5) Registered nurses. +(6) Licensed chiropractors. +(7) Licensed acupuncturists. +(8) Naturopathic doctors. +(p) Physical therapy corporation. +(1) Licensed physicians and surgeons. +(2) Licensed doctors of podiatric medicine. +(3) Licensed acupuncturists. +(4) Naturopathic doctors. +(5) Licensed occupational therapists. +(6) Licensed speech-language therapists. +(7) Licensed audiologists. +(8) Registered nurses. +(9) Licensed psychologists. +(10) Licensed physician assistants. +(q) Registered dental hygienist in alternative practice corporation. +(1) Registered dental assistants. +(2) Licensed dentists. +(3) Registered dental hygienists. +(4) Registered dental hygienists in extended functions.","Existing law, the Dental Practice Act, provides for the licensure and regulation of registered dental hygienists, registered dental hygienists in extended functions, and registered dental hygienists in alternative practice by the Dental Hygiene Committee of California. Existing law authorizes a registered dental hygienist in alternative practice to practice pursuant to specified provisions of law as, among other things, an independent contractor or an employee of a specified clinic. Existing law, the Moscone-Knox Professional Corporation Act, prohibits a professional corporation from rendering professional services in this state without a currently effective certificate of registration issued by the governmental agency regulating the profession in which the corporation is or proposes to be engaged and excepts any professional corporation rendering professional services by persons duly licensed by specified state entities from that requirement. Existing law authorizes specified healing arts licensees to be shareholders, officers, directors, or professional employees of a designated professional corporation, subject to certain limitations relating to ownership of shares. However, existing law specifies that it does not limit employment by a designated professional corporation to only those healing arts licensees and authorizes any healing arts licensee to be employed to render professional services by a designated professional corporation. +This bill would additionally except any professional corporation rendering professional services by persons duly licensed by the Dental Hygiene Committee of California from the certificate of registration requirement. The bill would authorize registered dental assistants, licensed dentists, registered dental hygienists, and registered dental hygienists in extended functions to be shareholders, officers, directors, or professional employees of a registered dental hygienist in alternative practice corporation. The bill would, in the Dental Practice Act, authorize a registered dental hygienist in alternative practice to practice as an employee of a professional corporation, as specified. The bill would make it unprofessional conduct to violate, attempt to violate, assist in or abet the violation of, or conspire to violate, specified provisions regarding registered dental hygienists in alternative practice corporations, the Moscone-Knox Professional Corporation Act, or any regulations adopted under those laws. The bill would require a licensee employed by, or practicing in, a registered dental hygienist in alternative practice corporation to practice within the scope of their license and be subject to all applicable licensure provisions in their respective practice act. The bill would require the bylaws of a registered dental hygienist in alternative practice corporation to include a provision requiring the capital stock of a disqualified or deceased person to be sold to specified parties within a specified period of time. The bill would also require such a corporation to provide security for claims by patients.","An act to amend Section 1925 of, and to add Article 9.1 (commencing with Section 1967) to Chapter 4 of Division 2 of, the Business and Professions Code, and to amend Sections 13401 and 13401.5 of the Corporations Code, relating to dental hygiene." +527,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Between 2002 and 2006, the rates of maternal deaths and severe complications doubled in both California and the United States. For every maternal death, there are approximately 100 cases of severe complications as defined by the federal Centers for Disease Control and Prevention. Severe complications occur in nearly 2 percent of all California births. +(b) Not only are these deaths and severe complications devastating for those affected families, but the cost to the state and private payers is significant. The University of California at Los Angeles studied the costs for maternal hemorrhage and preeclampsia/hypertension, the two leading causes of preventable maternal mortality and 80 percent of severe maternal morbidity. The study estimates that these conditions together cost Medi-Cal $200 million every year. +(c) Information and data regarding maternal mortality and morbidity provides a clearer understanding as to the causes and can be used for guidance in quality improvement projects needed to reduce or eliminate deaths and severe complications. +(d) Analysis using certificates of death alone has proven to be an incomplete and inadequate window into the underlying causes and assessment of maternal deaths and needs to be supplemented with other material, including coroner’s reports and medical records. +(e) The federal Centers for Disease Control and Prevention (CDC), the American Congress of Obstetricians and Gynecologists (ACOG), and the Maternal Child Health Bureau (HRSA-MCHB) all strongly encourage every state to form and support a multi-disciplinary committee to annually review maternal deaths in as timely a manner as possible. The CDC reports that 33 states have instituted maternal mortality committees. +(f) California’s over 500,000 annual births represent fully one-eighth of all United States births (and maternal deaths). Reviews of these cases represent an important resource for state and national efforts to better understand and reverse the rising rates of maternal mortality and morbidity. +(g) Data from prior California maternal mortality reviews have been particularly useful for launching statewide improvement projects to reduce maternal deaths led by the State Department of Public Health and the California Maternal Quality Care Collaborative. This act shall establish an ongoing multi-disciplinary panel for maternal mortality and severe morbidity reviews, including reports to the Legislature. +SEC. 2. +Section 123237 is added to the Health and Safety Code, to read: +123237. +(a) For the purposes of this section, “maternal mortality” or “maternal death” means a death of a woman while pregnant or within 42 days of delivering or following the end of a pregnancy when the woman’s death is from medical causes, including suicide, and is related to or aggravated by the pregnancy. Cases meeting these criteria are currently estimated to total between 70 and 90 cases each year. Additional deaths occurring between 42 days and 1 year following delivery may be included in these reviews if resources and time permit. “Severe maternal morbidity” means major maternal complications, as defined by the federal Centers for Disease Control and Prevention, occurring during birth or within 42 days of delivery. +(b) A maternal mortality review panel is established to conduct ongoing comprehensive, multidisciplinary reviews of maternal deaths and severe maternal morbidity in California to identify factors associated with the deaths and make recommendations for system changes to improve health care services for women in this state. A maternity care provider shall chair the panel. Members of the panel shall be appointed by the director, must serve without compensation, and may include, as a minimum: +(1) An obstetrician. +(2) A physician specializing in maternal fetal medicine. +(3) A neonatologist. +(4) A certified nurse-midwife. +(5) A labor and delivery nurse. +(6) An anesthesiologist. +(7) A representative from the department who works in the field of maternal and child health. +(8) An epidemiologist with experience analyzing perinatal data. +(9) Other professionals determined by the department and the committee chair to address specific case review topics by the committee. +(c) The maternal mortality review panel shall conduct multidisciplinary reviews of maternal mortality and severe morbidity in California. The panel may not call witnesses or take testimony from any individual involved in the investigation of a maternal death or enforce any public health standard or criminal law, or otherwise participate, in any legal proceeding relating to a maternal death. +(d) (1) Information, documents, proceedings, records, and opinions created, collected, or maintained by the maternity mortality review panel or the department in support of the maternal mortality review panel are confidential and are not subject to public inspection or discovery or introduction into evidence in any civil action. +(2) Any person who attends a meeting of the maternal mortality review panel or who participates in the creation, collection, or maintenance of the panel's information, documents, proceedings, records, or opinions shall not testify in any civil action as to the content of those proceedings, or the panel's information, documents, records, or opinions. This paragraph does not prevent a member of the panel from testifying in a civil action concerning facts that form the basis for the panel's proceedings of which the panel member has personal knowledge acquired independently of the panel or that is public information. +(3) Any person who, in substantial good faith, participates as a member of the maternal mortality review panel or provides information to further the purposes of the maternal mortality review panel may not be subject to an action for civil damages or other relief as a result of the activity or its consequences. +(4) All meetings, proceedings, and deliberations of the maternal mortality review panel may, at the discretion of the maternal mortality review panel, be confidential and may be conducted in executive session. +(5) The maternal mortality review panel and the director may retain identifiable information regarding facilities where maternal deaths occur, or from which the patient was transferred, and geographic information on each case solely for the purposes of trending and analysis over time. All individually identifiable information shall be removed before any case is reviewed by the panel. +(e) The department shall review department available data to identify maternal deaths. To aid in determining whether a maternal death was related to or aggravated by the pregnancy, and whether it was preventable, the department has the authority to do both of the following: +(1) Request and receive data for specific maternal deaths, including, but not limited to, all medical records, autopsy reports, medical examiner reports, coroner’s reports, and social service records. +(2) Request and receive data, as described in paragraph (1), from health care providers, health care facilities, clinics, laboratories, medical examiners, coroners, professionals, and facilities licensed by the department. +(f) Upon request by the department, health care providers, health care facilities, clinics, laboratories, medical examiners, coroners, professionals, and facilities licensed by the department must provide all medical records, autopsy reports, medical examiner reports, coroner’s reports, social services records, information, and other data requested for specific maternal deaths as provided in this subdivision to the department. +(g) The panel shall also review severe maternal morbidity data provided by either the department or the California Maternal Quality Care Collaborative (CMQCC). This data shall be aggregated and deidentified but indicate major causes of morbidity and time trends. +(h) (1) Notwithstanding Section 10231.5 of the Government Code, the department, as part of its work to advance and improve California maternity care through data-driven quality improvement, shall prepare and submit to the Legislature a biennial report on maternal mortality in California based on the data collected. The report shall protect the confidentiality of all decedents and other participants involved in any incident. The report shall be distributed publically to stimulate performance improvement. Interim results may be shared with the CMQCC quality improvement programs. The report shall include both the following: +(A) A description of the maternal deaths reviewed by the panel during the preceding twenty-four months, including statistics and causes of maternal deaths presented in the aggregate. The report must not disclose any identifying information of patients, decedents, providers, and organizations involved. +(B) Evidence-based system changes and policy recommendations to improve maternal outcomes and reduce preventable maternal deaths in California. +(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. +(i) The department may use Title V Block Grant Program funds to support these efforts and may apply for additional federal government and private foundation grants, as needed. The department may also accept private, foundation, city, county, or federal monies to implement this section. +SEC. 3. +The Legislature finds and declares that Section 2 of this act, which adds Section 123237 of the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +In order to protect confidential information, documents, proceedings, records, and opinions created, collected, or maintained by the maternity mortality review panel or the department in support of the maternity mortality review panel, it is necessary that this act limit the public’s right of access to that information. +SECTION 1. +Section 123237 is added to the +Health and Safety Code +, to read: +123237. +(a)Notwithstanding Section 10231.5 of the Government Code, the State Department of Public Health, as part of its work to advance and improve California maternity care through data-driven quality improvement, shall prepare and submit to the Legislature an annual report on maternal mortality and morbidity in California. The report shall include, but not be limited to, all of the following: +(1)An analysis of maternal deaths that includes both of the following: +(A)Case review of each death. +(B)Analysis of patient demographics, contributing factors, and underlying causes. +(2)An analysis of all cases of severe maternal morbidity, as defined by the federal Centers for Disease Control and Prevention, for which data collection is practicable, including analysis of patient demographics and underlying causes. +(3)Suggestions for improvements in care to reduce maternal death and severe maternal morbidity. +(b)In order to develop accurate reports in a resource-efficient manner, the department shall consider existing resources, including, but not limited to, all of the following: +(1)Existing data sources available to the department. +(2)Opportunities for partnerships with entities engaged in maternal care quality measurement or improvement. +(3)Use of physician volunteers or committees. +(c)A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.","Existing law establishes the State Department of Public Health and sets forth its powers and duties, as specified. Existing law requires the department to maintain a program of maternal, child, and adolescent health. +This bill would require the department to prepare and submit to the Legislature an annual report on maternal mortality and morbidity in California, including an analysis of maternal deaths and severe maternal morbidity. The bill would also require the department, in order to develop accurate reports in a resource-efficient manner, to consider existing resources, including, among others, opportunities for partnerships with other entities and use of physician volunteers. +This bill would establish a maternal mortality review panel to conduct ongoing comprehensive, multidisciplinary reviews of maternal deaths and severe maternal morbidity in California to identify factors associated with the deaths and make recommendations for system changes to improve health care services for women in this state. The bill would also make information, documents, proceedings, records, and opinions created, collected, or maintained by the maternity mortality review panel or the State Department of Public Health in support of the maternal mortality review panel confidential and not subject to public inspection, discovery, or introduction into evidence in any civil action. The bill would also prohibit any person in attendance at a meeting of the maternal mortality review panel or who participates in the creation, collection, or maintenance of the panel’s information, documents, proceedings, records, or opinions to testify in any civil action as to the content of those proceedings or the panel’s information, documents, records, or opinions. The bill would require the State Department of Public Health to review department available data to identify maternal deaths and would mandate health care providers, health care facilities, clinics, laboratories, medical examiners, coroners, professionals, and facilities licensed by the State Department of Public Health to provide documents, as specified, upon request of the department. The bill also requires the State Department of Public Health to prepare and submit to the Legislature a biennial report on maternal mortality in California based on the data collected. +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to add Section 123237 to the Health and Safety Code, relating to public health." +528,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 94874 of the Education Code is amended to read: +94874. +Except as provided in Section 94874.2, the following are exempt from this chapter: +(a) An institution that offers solely avocational or recreational educational programs. +(b) (1) An institution offering educational programs sponsored by a bona fide trade, business, professional, or fraternal organization, solely for that organization’s membership. +(2) (A) Except as provided in subparagraph (B), a bona fide organization, association, or council that offers preapprenticeship training programs, on behalf of one or more Division of Apprenticeship Standards-approved labor-management apprenticeship programs that satisfies one of the following conditions: +(i) It is not on the Eligible Training Provider List established and maintained by the California Workforce Investment Board but has met the requirements for placement on the list. +(ii) It is on the Eligible Training Provider List established and maintained by the California Workforce Investment Board and meets the requirements for continued listing. +(B) If an organization, association, or council has been removed from the Eligible Training Provider List established and maintained by the California Workforce Investment Board for failure to meet performance standards, it is not exempt until it meets all applicable performance standards. +(c) A postsecondary educational institution established, operated, and governed by the federal government or by this state or its political subdivisions. +(d) An institution offering either of the following: +(1) Test preparation for examinations required for admission to a postsecondary educational institution. +(2) Continuing education or license examination preparation, if the institution or the program is approved, certified, or sponsored by any of the following: +(A) A government agency, other than the bureau, that licenses persons in a particular profession, occupation, trade, or career field. +(B) A state-recognized professional licensing body, such as the State Bar of California, that licenses persons in a particular profession, occupation, trade, or career field. +(C) A bona fide trade, business, or professional organization. +(e) (1) An institution owned, controlled, and operated and maintained by a religious organization lawfully operating as a nonprofit religious corporation pursuant to Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the Corporations Code, that meets all of the following requirements: +(A) The instruction is limited to the principles of that religious organization, or to courses offered pursuant to Section 2789 of Business and Professions Code. +(B) The diploma or degree is limited to evidence of completion of that education. +(2) An institution operating under this subdivision shall offer degrees and diplomas only in the beliefs and practices of the church, religious denomination, or religious organization. +(3) An institution operating under this subdivision shall not award degrees in any area of physical science. +(4) Any degree or diploma granted under this subdivision shall contain on its face, in the written description of the title of the degree being conferred, a reference to the theological or religious aspect of the degree’s subject area. +(5) A degree awarded under this subdivision shall reflect the nature of the degree title, such as “associate of religious studies,” “bachelor of religious studies,” “master of divinity,” or “doctor of divinity.” +(f) An institution that does not award degrees and that solely provides educational programs for total charges of two thousand five hundred dollars ($2,500) or less when no part of the total charges is paid from state or federal student financial aid programs. The bureau may adjust this cost threshold based upon the California Consumer Price Index and post notification of the adjusted cost threshold on its Internet Web site, as the bureau determines, through the promulgation of regulations, that the adjustment is consistent with the intent of this chapter. +(g) A law school that is accredited by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association or a law school or law study program that is subject to the approval, regulation, and oversight of the Committee of Bar Examiners, pursuant to Sections 6046.7 and 6060.7 of the Business and Professions Code. +(h) A nonprofit public benefit corporation that satisfies all of the following criteria: +(1) Is qualified under Section 501(c)(3) of the United States Internal Revenue Code. +(2) Is organized specifically to provide workforce development or rehabilitation services. +(3) Is accredited by an accrediting organization for workforce development or rehabilitation services recognized by the Department of Rehabilitation. +(i) An institution that is accredited by the Accrediting Commission for Senior Colleges and Universities, Western Association of Schools and Colleges, or the Accrediting Commission for Community and Junior Colleges, Western Association of Schools and Colleges. +(j) An institution that satisfies all of the following criteria: +(1) The institution has been accredited, for at least 10 years, by an accrediting agency that is recognized by the United States Department of Education. +(2) The institution has operated continuously in this state for at least 25 years. +(3) During its existence, the institution has not filed for bankruptcy protection pursuant to Title 11 of the United States Code. +(4) The institution’s cohort default rate on guaranteed student loans does not exceed 10 percent for the most recent three years, as published by the United States Department of Education. +(5) The institution maintains a composite score of 1.5 or greater on its equity, primary reserve, and net income ratios, as provided under Section 668.172 of Title 34 of the Code of Federal Regulations. +(6) The institution provides a pro rata refund of unearned institutional charges to students who complete 75 percent or less of the period of attendance. +(7) The institution provides to all students the right to cancel the enrollment agreement and obtain a refund of charges paid through attendance at the second class session, or the 14th day after enrollment, whichever is later. +(8) The institution submits to the bureau copies of its most recent IRS Form 990, the institution’s Integrated Postsecondary Education Data System Report of the United States Department of Education, and its accumulated default rate. +(9) The institution is incorporated and lawfully operates as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code and is not managed or administered by an entity for profit. +(k) Flight instruction providers or programs that provide flight instruction pursuant to Federal Aviation Administration regulations and meet both of the following criteria: +(1) The flight instruction provider or program does not require students to enter into written or oral contracts of indebtedness. +(2) The flight instruction provider or program does not require or accept prepayment of instruction-related costs in excess of two thousand five hundred dollars ($2,500).","Existing law, the California Private Postsecondary Education Act of 2009, provides, among other things, for student protections and regulatory oversight of private postsecondary institutions in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. The act exempts an institution from its provisions, if any of a list of specific criteria are met. +This bill would exempt from the provisions of the act a bona fide organization, association, or council that offers preapprenticeship training programs on behalf of one or more labor-management apprenticeship programs that are approved by the Division of Apprenticeship Standards if the organization, association, or council satisfies specified requirements.","An act to amend Section 94874 of the Education Code, relating to private postsecondary education." +529,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 15277.5 is added to the Government Code, to read: +15277.5. +The division shall require its California 911 Emergency Communications Branch to work with the Department of the California Highway Patrol to continue the work of the Routing on Empirical Data (RED) Project by using the technology and procedures employed in that project to assist in determining whether wireless 911 calls should be routed to a local public safety answering point or a California Highway Patrol call center. The project pursuant to this section shall use historical empirical call data to determine the most efficient routing for wireless 911 calls. +SECTION 1. +SEC. 2. +Section 41030 of the Revenue and Taxation Code, as added by Section 6 of Chapter 885 of the Statutes of 2014, is repealed. +SEC. 2. +SEC. 3. +Section 41030 of the Revenue and Taxation Code, as amended by Chapter 926 of the Statutes of 2014, is amended to read: +41030. +(a) The Office of Emergency Services shall determine annually, on or before October 1, to be effective on January 1 of the following year, a surcharge rate pursuant to subdivision (b) that it estimates will produce sufficient revenue to fund the current fiscal year’s 911 costs. +(b) Commencing with the calculation made October 1, 2015, to be effective January 1, 2016, the surcharge shall be determined by the Office of Emergency Services using estimates for the current fiscal year of 911 costs approved pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code for the period of January 1 to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be less than fifteen cents ($0.15) per month or greater than seventy-five cents ($0.75) per month. +(c) When determining the surcharge rates pursuant to this section, the office shall include the costs it expects to incur to plan, test, implement, and operate Next Generation 911 technology and services, including text to 911 service, consistent with the plan and timeline required by Section 53121 of the Government Code. +(d) The office shall notify the board of the surcharge rate determined pursuant to this section and the surcharge rate applicable to prepaid mobile telephony services by October 15 of each year. +(e) At least 30 days prior to determining the surcharge pursuant to subdivision (a), the Office of Emergency Services shall prepare a summary of the calculation of the proposed surcharge and make it available to the public, the Legislature, the 911 Advisory Board, and on its Internet Web site. The summary shall contain all of the following: +(1) The prior year revenues to fund 911 costs, including, but not limited to, revenues from prepaid service. +(2) Projected expenses and revenues from all sources, including, but not limited to, prepaid service to fund 911 costs. +(3) The rationale for adjustment to the surcharge determined pursuant to subdivision (b), including, but not limited to, all impacts from the surcharge collected pursuant to Part 21 (commencing with Section 42001). +(f) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 3. +SEC. 4. +Section 41030 of the Revenue and Taxation Code, as added by Chapter 926 of the Statutes of 2014, is amended to read: +41030. +(a) The Office of Emergency Services shall determine annually, on or before October 1, a surcharge rate that it estimates will produce sufficient revenue to fund the current fiscal year’s 911 costs. The surcharge rate shall apply for the period of January 1 to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be less than fifteen cents ($0.15) per month or greater than seventy-five cents ($0.75) per month. +(b) When determining the surcharge rate, the office shall include the costs it expects to incur to plan, test, implement, and operate Next Generation 911 technology and services, including text to 911 service, consistent with the plan and timeline required by Section 53121 of the Government Code. +(c) At least one month before determining the surcharge rate pursuant to subdivision (a), the office shall prepare a summary of the calculation of the proposed surcharge and make it available to the Legislature and the 911 Advisory Board, and on the office’s Internet Web site. +(d) This section shall become operative on January 1, 2020. +SEC. 4. +SEC. 5. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to +restart the Routing on Empirical Data (RED) Project for efficient routing of wireless 911 calls and to +fully fund the “911” emergency telephone number system, it is necessary that this act take effect immediately.","Existing law establishes the Public Safety Communications Division within the Office of Emergency Services, under the supervision of a chief, to carry out specific duties relating to state needs and plans for public safety communications systems and equipment. +This bill would require the division to require its California 911 Emergency Communications Branch to work with the Department of the California Highway Patrol to continue the work of the Routing on Empirical Data (RED) Project by using the technology and procedures employed in that project to assist in determining whether wireless 911 calls should be routed to a local public safety answering point or a California Highway Patrol call center. The bill would require that the project use historical empirical call data to determine the most efficient routing for wireless 911 calls. +The Emergency Telephone Users Surcharge Act generally imposes a surcharge on amounts paid by every person in the state for intrastate telephone service to provide revenues sufficient to fund “911” emergency telephone system costs, and requires the Office of Emergency Services to annually determine the surcharge rate, subject to a specified formula, that it estimates will produce sufficient revenue to fund the current fiscal year’s 911 costs, as specified. +This bill would instead impose the surcharge at a flat monthly rate of between $0.15 and $0.75, determined annually by the office. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to +add Section 15277.5 to the Government Code, and to +repeal and amend Section 41030 of the Revenue and Taxation Code, relating to emergency services, and declaring the urgency thereof, to take effect immediately." +530,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3212 of the Labor Code is repealed. +SEC. 2. +Section 3212 is added to the Labor Code, to read: +3212. +(a) As used in this act, the term “injury” includes both of the following: +(1) With respect to the following members, a hernia, when any part of the hernia develops or manifests itself during a period while the member is in the service of the office, staff, division, department, or unit: +(A) Members of a sheriff’s office or the California Highway Patrol, district attorney’s staff of inspectors and investigators, or police or fire departments of cities, counties, cities and counties, districts, or other public or municipal corporations or political subdivisions, whether those members are volunteers, or are partly paid or fully paid. +(B) Active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting or of any county forestry or firefighting department or unit, whether those members are volunteers, or are partly paid or fully paid. +(C) Members of the warden service of the Wildlife Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service. +(D) Regular salaried county or city and county peace officers. +(E) Full-time peace officers, other than those described in subparagraph (A) or (D), as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. +(F) +Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a +A +custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. +(2) With respect to the following members, pneumonia and heart trouble that develops or manifests itself during a period while the member is in the service of the department: +(A) Members of fire departments. +(B) Members of county forestry or firefighting departments. +(C) Active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting. +(D) Members of the warden service of the Wildlife Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service. +(E) +Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a +A +custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. +(b) The compensation that is awarded for the hernia, heart trouble, or pneumonia shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers’ compensation laws of this state. +(c) Hernia, heart trouble, or pneumonia developing or manifesting as described in this section shall be presumed to arise out of and in the course of employment. This presumption is disputable and may be controverted by other evidence, but unless controverted by other evidence, the appeals board is bound to find in accordance with it. The presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. +(d) Hernia, heart trouble, or pneumonia developing or manifesting as described in this section shall not be attributed to any disease existing prior to that development or manifestation. +(e) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, firefighting, or emergency first aid response service, such as stenographers, receptionists, and other office workers. +SEC. 3. +Section 3212.1 of the Labor Code is amended to read: +3212.1. +(a) This section applies to all of the following: +(1) Active firefighting members, whether those members are volunteers, or are partly paid or fully paid, of all of the following fire departments: +(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision. +(B) A fire department of the University of California and the California State University. +(C) The Department of Forestry and Fire Protection. +(D) A county forestry or firefighting department or unit. +(2) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters. +(3) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code. +(4) Part-time peace officers, as defined in Section 830.1, subdivision (a) of Section 830.2, and subdivisions (a) and (b) of Section 830.37, of the Penal Code, who are primarily engaged in active law enforcement activities, and full-time peace officers described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. +(5) (A) Fire and rescue services coordinators who work for the Office of Emergency Services. +(B) For purposes of this paragraph, “fire and rescue services coordinators” means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator. +(6) +Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a +A +custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. +(b) The term “injury,” as used in this division, includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. +(c) The compensation that is awarded for cancer shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division. +(d) The cancer so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer. Unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 120 months in any circumstance, commencing with the last date actually worked in the specified capacity. +(e) The amendments to this section enacted during the 1999 portion of the 1999–2000 Regular Session shall be applied to claims for benefits filed or pending on or after January 1, 1997, including, but not limited to, claims for benefits filed on or after that date that have previously been denied, or that are being appealed following denial. +(f) This section shall be known, and may be cited, as the William Dallas Jones Cancer Presumption Act of 2010. +SEC. 4. +Section 3212.5 of the Labor Code is repealed. +SEC. 5. +Section 3212.5 is added to the Labor Code, to read: +3212.5. +(a) The term “injury” as used in this division includes heart trouble and pneumonia that develops or manifests itself during a period while a person described in this subdivision is in the service of the agency, department, or office as described in this subdivision, and the compensation that is awarded for heart trouble or pneumonia as described in this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division for the following persons when those persons are employed upon a regular, full-time salary: +(1) A peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who is employed on a regular, full-time salary. +(2) An inspector or investigator in a district attorney’s office of a county who is employed on a regular, full-time salary. +(3) +Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a +A +custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. +(b) The heart trouble or pneumonia so developing or manifesting itself shall be presumed to arise out of and in the course of the employment; provided, however, that the person shall have served five years or more in that capacity before the presumption shall arise as to the compensability of heart trouble so developing or manifesting itself. This presumption is disputable and may be controverted by other evidence, but, unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. +(c) The heart trouble or pneumonia so developing or manifesting itself in these cases shall in no case be attributed to any disease existing prior to its development or manifestation. +SEC. 6. +Section 3212.6 of the Labor Code is repealed. +SEC. 7. +Section 3212.6 is added to the Labor Code, to read: +3212.6. +(a) (1) The term “injury” includes tuberculosis that develops or manifests itself during a period while a person described in this paragraph is in the service of the agency, department, or office as described in this paragraph and the compensation that is awarded for the tuberculosis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division for the following persons: +(A) A peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code if that person is employed upon a regular, full-time salary. +(B) An inspector or investigator in a district attorney’s office of a county who is employed on a regular, full-time salary. +(C) A prison or jail guard or correctional officer who is employed by a public agency if that person is employed upon a regular, full-time salary. +(D) +Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a +A +custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if that person is employed upon a regular, full-time salary. +(E) A member of a fire department of any city, county, or district, or other public or municipal corporations or political subdivisions, if that person is employed on a regular, fully paid basis. +(F) An active firefighting member of the Department of Forestry and Fire Protection whose duties require firefighting and first aid response services, or of a county forestry or firefighting department or unit, if that person is employed on a regular, fully paid basis. +(2) The tuberculosis developing or manifesting itself as described in paragraph (1) shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person described in paragraph (1) following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. +(b) A public entity may require applicants for employment in firefighting positions who would be entitled to the benefits granted by this section to be tested for infection for tuberculosis. +(c) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, firefighting, or emergency first aid response service, such as stenographers, receptionists, and other office workers. +SEC. 8. +Section 3212.85 of the Labor Code is repealed. +SEC. 9. +Section 3212.85 is added to the Labor Code, to read: +3212.85. +(a) The term “injury,” as used in this division, includes illness or resulting death due to exposure to a biochemical substance that develops or occurs during a period in which a person described in this subdivision is in the service of the agency, department, or unit as described in this subdivision: +(1) A part-time peace officer described in Sections 830.1 to 830.5, inclusive, of, or a full-time peace officer described in, Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. +(2) A member of a fire department. +(3) +Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a +A +custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. +(b) The compensation that is awarded for injury pursuant to this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division. +(c) The injury that develops or manifests itself in these cases shall be presumed to arise out of, and in the course of, the employment. This presumption is disputable and may be controverted by other evidence. Unless controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a person described in subdivision (a) following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. +(d) For purposes of this section, the following definitions apply: +(1) “Biochemical substance” means any biological or chemical agent that may be used as a weapon of mass destruction, including, but not limited to, any chemical warfare agent, weaponized biological agent, or nuclear or radiological agent, as these terms are defined in Section 11417 of the Penal Code. +(2) “Member of a fire department” includes, but is not limited to, an apprentice, volunteer, partly paid, or fully paid member of any of the following: +(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision. +(B) A fire department of the University of California and the California State University. +(C) The Department of Forestry and Fire Protection. +(D) A county forestry or firefighting department or unit. +SEC. 10. +Section 3212.9 of the Labor Code is repealed. +SEC. 11. +Section 3212.9 is added to the Labor Code, to read: +3212.9. +(a) The term “injury” includes meningitis that develops or manifests itself when one of the following persons is in the service of the agency, department, or unit as described in this subdivision and the compensation that is awarded for meningitis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by this division: +(1) A peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 +of the +Penal Code who is employed on a regular, full-time salary. +(2) An inspector or investigator in a district attorney’s office of a county whose principal duties consist of active law enforcement service and who is employed on a regular, full-time salary. +(3) A member of a fire department of any city, county, or district, or other public or municipal corporation or political subdivision, or a county forestry or firefighting department or unit, who is employed on a regular, full-time salary. +(4) +Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a +A +custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who is employed on a regular, full-time salary. +(b) For purposes of this section, meningitis shall be presumed to arise out of, and in the course of, the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. +(c) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, or firefighting, such as stenographers, receptionists, and other office workers.","Existing law establishes a workers’ compensation system to compensate an employee for injuries arising out of, and in the course of, his or her employment. Existing law designates illnesses and conditions that constitute a compensable injury for various employees, such as California Highway Patrol members, firefighters, and certain peace officers. These injuries include, but are not limited to, hernia, pneumonia, heart trouble, cancer, meningitis, and exposure to a biochemical substance when the illness or condition develops or manifests itself during a period when the officer or employee is in service of his or her employer, as specified. +This bill would expand the coverage of the above provisions relating to compensable injury, to include other, full-time peace officers described pursuant to specified provisions of law. The bill would also expand the coverage of these provisions to +include, upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, +include +a custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer to whom these provisions already apply. The bill would also make technical and clarifying changes.","An act to amend Section 3212.1 of, and to repeal and add Sections 3212, 3212.5, 3212.6, 3212.85, and 3212.9 of, the Labor Code, relating to workers’ compensation." +531,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25132 of the Government Code is amended to read: +25132. +(a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action. +(b) Every violation determined to be an infraction is punishable by the following: +(1) A fine not exceeding one hundred dollars ($100) for a first violation. +(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year. +(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year. +(c) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by an administrative fine described in Section 53069.4 or by one of the following: +(1) A fine not exceeding one hundred dollars ($100) for a first violation. +(2) A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year. +(3) A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation. +SEC. 2. +Section 53069.4 of the Government Code is amended to read: +53069.4. +(a) (1) The legislative body of a local agency, as the term “local agency” is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in subdivision (b) of Section 25132 and subdivision (b) of Section 36900. +(2) Notwithstanding paragraph (1), the amount of an administrative fine for a one-time violation of a county building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, that is determined to be an infraction shall be based upon the severity of the threat to public health and safety and shall not exceed the following: +(A) For the first violation, an amount that does not exceed five thousand dollars ($5,000) or the amount of the permit fee required by the ordinance multiplied by three, whichever is less. In the absence of a permit fee, an amount that does not exceed one thousand dollars ($1,000). +(B) For the second violation of the same ordinance within five years of the first violation, an amount that does not exceed ten thousand dollars ($10,000) or the amount of the permit fee required by the ordinance multiplied by five, whichever is less. In the absence of a permit fee, an amount that does not exceed two thousand five hundred dollars ($2,500). +(C) For the third violation and subsequent violations of the same ordinance within five years of the first violation, an amount that is greater than ten thousand dollars ($10,000), but does not exceed fifteen thousand dollars ($15,000). In the absence of a permit fee, an amount that does not exceed five thousand dollars ($5,000). +(D) Notwithstanding subparagraphs (A) to (C), inclusive, an administrative fine assessed pursuant to this paragraph shall not exceed five hundred dollars ($500) unless both of the following findings are made in the administrative record prior to the assessment of the administrative fine: +(i) The person who violated the ordinance did so willingly or the violation resulted in an unusual and significant threat to the public health and safety. +(ii) The payment of the administrative fine would not impose an undue financial hardship on the person responsible for the payment. +(E) For purposes of this paragraph, “a one-time violation” means a violation that is not a continuing violation and cannot be corrected or cured, including, but not limited to, a violation of permit conditions or a use violation. +(3) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety. +(b) (1) Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agency’s file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant. +(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agency’s file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court. +(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. +(c) If no notice of appeal of the local agency’s final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed. +(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.","Existing law authorizes the legislative body of a city, county, or city and county to collect any fee, cost, or charge incurred in specified activities, including the abatement of public nuisances, enforcement of specified zoning ordinances, inspections and abatement of violations of the State Housing Law, inspections and abatement of violations of the California Building Standards Code, and inspections and abatement of violations related to local ordinances that implement these laws. Existing law limits the amount of this fee, cost, or charge to the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest. +Existing law authorizes the legislative body of a local agency to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, as specified. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a 2nd violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation. +This bill would authorize a county to establish administrative fines, not to exceed specified limits, for violations of certain county ordinances, including a county building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, determined to be an infraction, subject to certain county findings.","An act to amend Sections 25132 and 53069.4 of the Government Code, relating to local government." +532,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17053.88 of the Revenue and Taxation Code is amended to read: +17053.88. +(a) In the case of a qualified taxpayer that donates to a food bank any qualified donation items that are accepted by that food bank located in California under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code, for taxable years beginning on or after January 1, 2012, and before January 1, 2021, there shall be allowed, without regard to the taxpayer’s method of accounting, as a credit against the “net tax” (as defined by Section 17039), an amount equal to 15 percent of the qualified value of the qualified donation items, but in no event shall this amount be less than the amount that otherwise would have been calculated and allowed under this section as added by Chapter 503 of the Statutes of 2011. +(b) For purposes of this section, the following definitions shall apply: +(1) “Qualified donation item” means fresh fruits or fresh vegetables and the following raw agricultural products or processed foods: +(A) All of the following: +(i) “Fruits, nuts, or vegetables” as defined in Section 42510 of the Food and Agricultural Code. +(ii) “Meat food product” as defined in Section 18665 of the Food and Agricultural Code. +(iii) “Poultry” as defined in Section 18675 of the Food and Agricultural Code. +(iv) “Eggs” as defined in Section 75027 of the Food and Agricultural Code. +(v) “Fish” as defined in Section 58609 of the Food and Agricultural Code. +(B) All of the following food as defined in Section 109935 of the Health and Safety Code: +(i) Rice. +(ii) Beans. +(iii) Fruit, nuts, and vegetables in canned, frozen, dried, dehydrated, and 100 percent juice forms. +(iv) Any cheese, milk, yogurt, butter, and dehydrated milk meeting the requirements in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. +(v) Infant formula subject to Section 114094.5 of the Health and Safety Code. +(vi) Vegetable oil and olive oil. +(vii) Soup, pasta sauce, and salsa. +(viii) Bread and pasta. +(ix) Canned meats and canned seafood. +(2) “Qualified taxpayer” means the person responsible for planting a crop, managing the crop, harvesting the crop from land, growing or raising a qualified donation item, or harvesting, packing, or processing a qualified donation item. +(3) “Qualified value” means either of the following: +(A) The qualified value shall be calculated by using the weighted average wholesale sale price based on the qualified taxpayer’s total wholesale sales of the donated item sold within the calendar month of the qualified taxpayer’s donation. +(B) If no wholesale sales of the donated item have occurred in the calendar month of the qualified taxpayer’s donation, the qualified value shall be equal to the nearest regional wholesale market price for the calendar month of the donation based upon the same grade products as published by the United States Department of Agriculture’s Agricultural Marketing Service, or its successor. +(c) If the credit allowed by this section is claimed by the qualified taxpayer, any deduction otherwise allowed under this part for that amount of the cost paid or incurred by the qualified taxpayer that is eligible for the credit shall be reduced by the amount of the credit provided in subdivision (a). +(d) The donor shall provide to the food bank the qualified value of the donation items and information regarding the origin of where the donation items were grown, processed, or both grown and processed. Upon receipt and acceptance of the donation items, the food bank shall provide a certificate to the donor. The certificate shall contain a statement signed and dated by a person authorized by the food bank that the donation items are accepted under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code. The certificate shall also contain the type, grade, and quantity of items donated, the name of the donor or donors, the name and address of the food bank, and, as provided by the donor, the origin of the donated items, and the qualified value of the donated items, as described in subdivision (a). Upon the request of the Franchise Tax Board, the qualified taxpayer shall provide a copy of the certification to the Franchise Tax Board. +(e) The credit allowed by this section may be claimed only on a timely filed original return. +(f) In the case where the credit allowed by this section exceeds the “net tax,” the excess may be carried over to reduce the “net tax” in the following year, and for the six succeeding years if necessary, until the credit has been exhausted. +(g) Using the information available to the Franchise Tax Board from the certificates required under subdivision (d) and subdivision (d) of Section 23688, the Franchise Tax Board shall report to the Legislature on or before December 1, 2014, and each December 1 thereafter until the inoperative date specified in paragraph (2) of subdivision (h), regarding the utilization of the credit authorized by this section and Section 23688. The Franchise Tax Board shall also include in the report the estimated value of the qualified donation items, the origin of the qualified donation items, and the month the donation was made. +(h) (1) A report required to be submitted pursuant to subdivision (g) shall be submitted in compliance with Section 9795 of the Government Code. +(2) The requirement for submitting a report imposed under subdivision (g) is inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code. +(i) This section shall be repealed on December 1, 2021. +SEC. 2. +Section 23688 of the Revenue and Taxation Code is amended to read: +23688. +(a) In the case of a qualified taxpayer that donates to a food bank any qualified donation items that are accepted by that food bank located in California under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code, for taxable years beginning on or after January 1, 2012, and before January 1, 2021, there shall be allowed, without regard to the taxpayer’s method of accounting, as a credit against the “tax” (as defined by Section 23036), an amount equal to 15 percent of the qualified value of the qualified donation items, but in no event shall this amount be less than the amount that otherwise would have been calculated and allowed under this section as added by Chapter 503 of the Statutes of 2011. +(b) For purposes of this section, the following definitions shall apply: +(1) “Qualified donation item” means fresh fruits or fresh vegetables and the following raw agricultural products or processed foods: +(A) All of the following: +(i) “Fruits, nuts, or vegetables” as defined in Section 42510 of the Food and Agricultural Code. +(ii) “Meat food product” as defined in Section 18665 of the Food and Agricultural Code. +(iii) “Poultry” as defined in Section 18675 of the Food and Agricultural Code. +(iv) “Eggs” as defined in Section 75027 of the Food and Agricultural Code. +(v) “Fish” as defined in Section 58609 of the Food and Agricultural Code. +(B) All of the following food as defined in Section 109935 of the Health and Safety Code: +(i) Rice. +(ii) Beans. +(iii) Fruit, nuts, and vegetables in canned, frozen, dried, dehydrated, and 100 percent juice forms. +(iv) Any cheese, milk, yogurt, butter, and dehydrated milk meeting the requirements in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. +(v) Infant formula subject to Section 114094.5 of the Health and Safety Code. +(vi) Vegetable oil and olive oil. +(vii) Soup, pasta sauce, and salsa. +(viii) Bread and pasta. +(ix) Canned meats and canned seafood. +(2) “Qualified taxpayer” means the person responsible for planting a crop, managing the crop, harvesting the crop from land, growing or raising a qualified donation item, or harvesting, packing, or processing a qualified donation item. +(3) “Qualified value” means either of the following: +(A) The qualified value shall be calculated by using the weighted average wholesale sale price based on the qualified taxpayer’s total wholesale sales of the donated item sold within the calendar month of the qualified taxpayer’s donation. +(B) If no wholesale sales of the donated item have occurred in the calendar month of the qualified taxpayer’s donation, the qualified value shall be equal to the nearest regional wholesale market price for the calendar month of the donation based upon the same grade products as published by the United States Department of Agriculture’s Agricultural Marketing Service, or its successor. +(c) If the credit allowed by this section is claimed by the qualified taxpayer, any deduction otherwise allowed under this part for that amount of the cost paid or incurred by the qualified taxpayer that is eligible for the credit shall be reduced by the amount of the credit provided in subdivision (a). +(d) The donor shall provide to the food bank the qualified value of the donation items and information regarding the origin of where the donation items were grown, processed, or both grown and processed. Upon receipt and acceptance of the donation items, the food bank shall provide a certificate to the donor. The certificate shall contain a statement signed and dated by a person authorized by the food bank that the donation items are accepted under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code. The certificate shall also contain the type, grade, and quantity of items donated, the name of the donor or donors, the name and address of the food bank, and, as provided by the donor, the origin of the donated items, and the qualified value of the donated items, as described in subdivision (a). Upon the request of the Franchise Tax Board, the qualified taxpayer shall provide a copy of the certification to the Franchise Tax Board. +(e) The credit allowed by this section may be claimed only on a timely filed original return. +(f) In the case where the credit allowed by this section exceeds the “tax,” the excess may be carried over to reduce the “tax” in the following year, and for the six succeeding years if necessary, until the credit has been exhausted. +(g) This section shall be repealed on December 1, 2021. +SEC. 3. +The heading of Chapter 14.5 (commencing with Section 18995) of Part 6 of Division 9 of the Welfare and Institutions Code is amended to read: +CHAPTER 14.5. The CalFood Program +SEC. 4. +Section 18995 of the Welfare and Institutions Code is amended to read: +18995. +(a) On and after January 1, 2016, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the “CalFood Program.” The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households. +(b) The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions. +(c) Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply: +(1) All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program fund’s annual budget. +(2) Notwithstanding paragraph (1), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in paragraph (1), and shall, in part, be used to pay for the department’s administrative costs associated with the administration of the CalFood Program.","(1) The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including, for taxable years beginning on or after January 1, 2012, and before January 1, 2017, a credit for qualified taxpayers, defined as the person responsible for planting a crop, managing the crop, and harvesting the crop from the land, in an amount equal to 10% of the cost that would otherwise be included in, or required to be included in, inventory costs, as specified under federal law, with respect to the donation of fresh fruits or fresh vegetables to food banks located in California. +This bill, under both laws, would expand the credit to apply to the donation of qualified donation items, defined as raw agricultural products or processed foods. The bill would expand the definition of qualified taxpayer to also include the person responsible for growing or raising a qualified donation item, or harvesting, packing, or processing a qualified donation item. The bill would modify the credit amount to instead equal 15% of the qualified value, as defined, of the qualified donation items, but not less than an amount that would otherwise be calculated and allowed under existing law. The bill would extend the operation of the credit to taxable years before January 1, 2021, and would require it to be claimed on a timely filed original return. The bill would make various conforming changes and would also make a nonsubstantive change to the personal income tax provision. +(2) Existing law requires the State Department of Social Services to establish and administer the State Emergency Food Assistance Program (SEFAP), to provide food and funding for the provision of emergency food to food banks, as provided. Existing law creates the State Emergency Food Assistance Program Account and, upon appropriation by the Legislature, would allocate the moneys in the account to SEFAP and require that those moneys be used for the purchase, storage, and transportation of food grown or produced in California and for the department’s administrative costs. +This bill would rename the State Emergency Food Assistance Program (SEFAP) as the CalFood Program and would rename the State Emergency Food Assistance Program Account as the CalFood Account. The bill would make other conforming changes in this regard.","An act to amend Sections 17053.88 and 23688 of the Revenue and Taxation Code, and to amend Section 18995 of, and to amend the heading of Chapter 14.5 (commencing with Section 18995) of Part 6 of Division 9 of, the Welfare and Institutions Code, relating to food banks." +533,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 147.6 is added to the Labor Code, to read: +147.6. +(a) The board shall, by June 1, 2017, adopt a standard developed by the division that requires employers performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel. +(b) The standard adopted pursuant to subdivision (a) shall include all of the following: +(1) A requirement that an employee performing corrosion prevention work be trained in accordance with the NACE 13/ACS 1 standard for an industrial coating and lining application specialist developed by the Society for Protective Coatings (SSPC) and the National Association of Corrosion Engineers International (NACE). +(2) A requirement that an employee who performs corrosion prevention work obtain a certification as an SSPC Level 2 Corrosion Application Specialist, or an equivalent certification. +(3) A requirement that an employer performing corrosion prevention work use at least three trained and certified employees for every one employee who is not certified, with the uncertified employee working under supervision. +(4) Provisions that allow corrosion prevention work to be performed by apprentices registered in an industrial apprenticeship program approved by the Division of Apprenticeship Standards pursuant to Section 3075 that provides training to meet the NACE 13/ACS 1 standard. +(5) Provisions that require an employer to maintain records of compliance with the standard and allow reasonable access to those records by members of the public in a manner that protects employee privacy. +(6) An appropriate phase-in period for the certification requirement that ensures full implementation of the standard by January 1, 2020. +(7) A definition of corrosion prevention work that includes surface preparation, including by abrasive blasting, and application of protective coatings and linings, including spray application, to steel and concrete surfaces for the purpose of corrosion prevention. +(8) An exception from the standard for work on sheet metal and ventilation systems or on plumbing and piping systems or precast concrete work that is performed offsite when the work on those systems or precast concrete work is performed by either of the following: +(A) Skilled journeypersons who are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. +(B) Apprentices registered in an apprenticeship program for the applicable occupation that is approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075. +(9) An exception from the standard if the surface to be prepared and the surface to be coated are both smaller than 100 square or 100 linear feet. +(c) This section shall not be construed to limit the authority of the standards board to adopt additional standards to protect employees performing corrosion prevention or other industrial painting work. Nothing in this section shall be interpreted to preclude the board from adopting standards that include elements or requirements additional to, or broader in scope than, those described in this section. +SECTION 1. +SEC. 2. +Section 3073.5 of the Labor Code is amended to read: +3073.5. +The Chief of the Division of Apprenticeship Standards and the California Apprenticeship Council shall annually report through the Director of Industrial Relations to the Legislature and the public on the activities of the division and the council. The report shall contain information including, but not limited to, analyses of the following: +(a) The number of individuals, including numbers of women and minorities, registered in apprenticeship programs in this state for the current year and in each of the previous five years. +(b) The number and percentage of apprentices, including numbers and percentages of minorities and women, registered in each apprenticeship program having five or more apprentices, and the percentage of those apprentices who have completed their programs successfully in the current year and in each of the previous five years. +(c) Remedial actions taken by the division to assist those apprenticeship programs having difficulty in achieving affirmative action goals or having very low completion rates. +(d) The number of disputed issues with respect to individual apprenticeship agreements submitted to the Administrator of Apprenticeship for determination and the number of those issues resolved by the council on appeal. +(e) The number of apprenticeship program applications received by the division, the number approved, the number denied and the reason for those denials, the number being reviewed, and deficiencies, if any, with respect to those program applications being reviewed. +(f) The number of apprenticeship programs, approved by the Division of Apprenticeship Standards, that are disapproved by the California Apprenticeship Council, and the reasons for those disapprovals. +(g) Any apprenticeship standards or regulations that were proposed or adopted in the previous year. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The California Occupational Safety and Health Act of 1973 provides the Division of Occupational Safety and Health within the Department of Industrial Relations with the power, jurisdiction, and supervision over all employment and places of employment necessary to enforce and administer all occupational health and safety laws and to protect employees. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. +This bill would require the board, by June 1, 2017, to adopt a standard that requires an employer performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel, as specified. Because certain violations of these new requirements would be a misdemeanor, the bill would impose a state-mandated local program. +Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices. +Existing law also establishes the California Apprenticeship Council within the Division of Apprenticeship Standards, and requires the council to aid the director in formulating policies with respect to apprentice regulation. +Existing law requires the Chief of the Division of Apprenticeship Standards and the California Apprenticeship Council to report annually through the Director of Industrial Relations on the activities of the division and the council, and further requires that the report include specified information with respect to apprenticeship programs in this state. +This bill would require the report to include an analysis of any apprenticeship standards or regulations that were proposed or adopted in the previous year. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 3073.5 +of +of, and to add Section 147.6 to, +the Labor Code, relating to +apprenticeship. +private employment." +534,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California has been a national leader in promoting service and volunteerism, including support for youth service and the conservation corps, service learning, and statewide mentor initiatives. +(b) Service learning is a powerful instructional strategy for improving the educational performance of pupils, along with contributing to the development of character, values, self-esteem, civic responsibility, and knowledge of local community issues and concerns. +(c) This act is based on the results of numerous research studies that identify the following benefits associated with pupils who engage in quality service learning programs infusing well-planned service activity into the school curriculum, including, but not necessarily limited to, all of the following: +(1) Pupil academic achievement increases, as demonstrated by higher standardized test scores and by higher grade point averages. +(2) Pupils are less likely to drop out of school. +(3) Pupils are less likely to have discipline problems, or to engage in behaviors that lead to pregnancy or arrest. +(4) Pupils are likely to maintain higher attendance rates in school. +(5) Pupils are more likely to develop a sense of civic responsibility and an ethic of service in their communities. +(6) Pupils report greater acceptance of cultural diversity and show increased awareness of cultural differences, including positive attitudes toward helping others. +(7) Pupils show increases in measures of personal and social responsibility, perceive themselves to be more socially competent, and are more likely to increase their sense of self-esteem and self-efficacy. +(d) This act is intended to promote volunteer service performed by pupils, since research has demonstrated many positive outcomes of pupil volunteer service, including, but not necessarily limited to, all of the following: +(1) Senior pupils who are engaged in volunteer work, whether through school or on their own, are likely to have significantly higher civics assessment scale scores than pupils who did not participate in volunteer work as reported by the National Assessment of Educational Progress in 1998. +(2) Community leaders report that service learning partnerships help build more positive community attitudes toward youth. +(3) Schools that support service learning and community service are more likely to have positive relationships with their community. +SEC. 2. +Section 51221.1 is added to the Education Code, to read: +51221.1. +(a) The Superintendent shall develop curriculum standards for +social studies +courses that incorporate a service learning component in order to satisfy the requirements of +subparagraph (D) of paragraph (1) +paragraph (3) +of subdivision (a) of Section 51225.3. In developing the curriculum standards under this section, the Superintendent shall consult with leaders of community organizations, pupils, parents, classroom teachers, school administrators, postsecondary educators, representatives of business and industry, and other persons with knowledge or experience the Superintendent deems appropriate to the task of developing these curriculum standards. The persons the Superintendent consults with pursuant to this section shall represent, as much as feasible, the diverse regions and socioeconomic communities of this state. +(b) +(1) +The Superintendent shall submit the proposed curriculum standards developed under subdivision (a) to the state board for its review on or before +July 1, 2016. +March 1, 2017. +The state board shall adopt +or reject +curriculum standards that incorporate a service learning component into +social studies +courses on or before +January +July +1, 2017. +These +If the state board adopts the proposed curriculum standards, the +curriculum standards shall be implemented by school districts, commencing with the 2017–18 school year, as a component of +social studies +courses in order to satisfy the requirements of +subparagraph (D) of +paragraph +(1) +(3) +of subdivision (a) of Section 51225.3. +(2) If the state board rejects the curriculum standards proposed under this subdivision, the state board shall submit a written explanation of the reasons why the proposed curriculum standards were rejected to the Superintendent, the Legislature, and the Governor. +SEC. 3. +Section 51225.3 of the Education Code, as amended by Section 2 of Chapter 888 of the Statutes of 2014, is amended to read: +51225.3. +(a) A pupil shall complete +coursework in accordance with +all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school: +(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified: +(A) Three courses in English. +(B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35. +(C) Two courses in science, including biological and physical sciences. +(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics. +Commencing with the high school class graduating during the 2020–21 school year, and for the high school classes graduating in each subsequent school year, at least one of the classes completed by a pupil to satisfy the requirements of this subparagraph shall have a service learning component. +(E) One course in visual or performing arts or foreign language. For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language. +(F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code. +(2) Other coursework requirements adopted by the governing board of the school district. +(3) (A) Commencing with the high school class graduating during the 2020–21 school year, and for the high school classes graduating in each subsequent school year, at least one of the courses completed by a pupil to satisfy the requirements of this subdivision shall have a service learning component. +(B) For purposes of this subdivision, “service learning” is defined as follows: +(i) It is a method through which pupils or participants learn and develop through active participation in thoughtfully organized service that: (I) is conducted in, and meets the needs of, a community; (II) is coordinated with a secondary school and with the community; and (III) helps foster civic responsibility. +(ii) It is a method that: (I) is integrated into, and enhances, the standards-based academic curriculum of the pupils; and (II) provides structured time for the pupils or participants to reflect on the service experience. +(b) The governing board of the school district, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public. +(c) If a pupil completed a career technical education course that met the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, as amended by the act adding this section, before the inoperative date of that section, that course shall be deemed to fulfill the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of this section. +(d) This section shall become operative upon the date that Section 51225.3, as amended by the act adding this section, becomes inoperative. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes a system of public elementary and secondary schools in this state, and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law prescribes the course of study a pupil is required to complete while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. These requirements include the completion of 3 courses in social studies, including one-year courses in United States history and geography and world history, culture, and geography, and one-semester courses in American government and economics. +This bill would express legislative findings and declarations relating to service learning. The bill would additionally require, commencing with the high school class graduating during the 2020–21 school year, and for the high school classes graduating in each subsequent school year, at least one of the +social studies classes +courses +completed by a pupil to satisfy the graduation requirements referenced above to have a service learning component. +The bill would define “service learning” for this purpose. +The bill would require the Superintendent of Public Instruction to develop curriculum standards for +social studies +courses that incorporate a service learning component in order to satisfy the requirements of this bill. The bill would require the Superintendent to consult with leaders of community organizations, pupils, parents, classroom teachers, school administrators, postsecondary educators, representatives of business and industry, and other persons with knowledge or experience the Superintendent deems appropriate to the task of developing these curriculum standards. The bill would require the Superintendent to submit these proposed curriculum standards to the State Board of Education on or before +July 1, 2016, +March 1, 2017, +and for the state board to adopt +or reject +curriculum standards that incorporate a service learning component into +social studies +courses on or before +January +July +1, 2017. +The +If the state board adopts these proposed curriculum standards, the +bill would require +these +the +curriculum standards to be implemented by school districts, commencing with the 2017–18 school year, as a component of +social studies +courses in order to satisfy the graduation requirements enacted by this bill. To the extent the implementation of these curriculum standards would impose new duties on school districts, this bill would constitute a state-mandated local program. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 51225.3 of, and to add Section 51221.1 to, the Education Code, relating to school curriculum." +535,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 20020 of the Business and Professions Code is amended to read: +20020. +Except as otherwise provided by this chapter, no franchisor may terminate a franchise prior to the expiration of its term, except for good cause. Except as provided in Section 20021, good cause shall be limited to the failure of the franchisee to substantially comply with the lawful requirements imposed upon the franchisee by the franchise agreement after being given notice at least 60 days in advance of the termination and a reasonable opportunity, which in no event shall be less than 60 days from the date of the notice of noncompliance, to cure the failure. The period to exercise the right to cure shall not exceed 75 days unless there is a separate agreement between the franchisor and franchisee to extend the time. +SEC. 2. +Section 20021 of the Business and Professions Code is amended to read: +20021. +If during the period in which the franchise is in effect, there occurs any of the following events which is relevant to the franchise, immediate notice of termination without an opportunity to cure, shall be deemed reasonable: +(a) The franchisee or the business to which the franchise relates has been the subject of an order for relief in bankruptcy, judicially determined to be insolvent, all or a substantial part of the assets thereof are assigned to or for the benefit of any creditor, or the franchisee admits his or her inability to pay his or her debts as they come due; +(b) The franchisee abandons the franchise by failing to operate the business for five consecutive days during which the franchisee is required to operate the business under the terms of the franchise, or any shorter period after which it is not unreasonable under the facts and circumstances for the franchisor to conclude that the franchisee does not intend to continue to operate the franchise, unless such failure to operate is due to fire, flood, earthquake, or other similar causes beyond the franchisee’s control; +(c) The franchisor and franchisee agree in writing to terminate the franchise; +(d) The franchisee makes any material misrepresentations relating to the acquisition of the franchise business or the franchisee engages in conduct which reflects materially and unfavorably upon the operation and reputation of the franchise business or system; +(e) The franchisee fails, for a period of 10 days after notification of noncompliance, to comply with any federal, state, or local law or regulation, including, but not limited to, all health, safety, building, and labor laws or regulations applicable to the operation of the franchise; +(f) The franchisee, after curing any failure in accordance with Section 20020 engages in the same noncompliance whether or not such noncompliance is corrected after notice; +(g) The franchisee repeatedly fails to comply with one or more requirements of the franchise, whether or not corrected after notice; +(h) The franchised business or business premises of the franchise are seized, taken over, or foreclosed by a government official in the exercise of his or her duties, or seized, taken over, or foreclosed by a creditor, lienholder, or lessor, provided that a final judgment against the franchisee remains unsatisfied for 30 days (unless a supersedeas or other appeal bond has been filed); or a levy of execution has been made upon the license granted by the franchise agreement or upon any property used in the franchised business, and it is not discharged within five days of such levy; +(i) The franchisee is convicted of a felony or any other criminal misconduct which is relevant to the operation of the franchise; +(j) The franchisee fails to pay any franchise fees or other amounts due to the franchisor or its affiliate within five days after receiving written notice that such fees are overdue; or +(k) The franchisor makes a reasonable determination that continued operation of the franchise by the franchisee will result in an imminent danger to public health or safety. +(l) If the franchise expressly permits termination under such circumstances, there is a lawful termination or nonrenewal of a separate motor fuel franchise governed by provisions of the Petroleum Marketing Practices Act (15 U.S.C. Secs. 2801 to 2807, inclusive) that is operated by the franchisee or affiliate of the franchisee located at the same business premises if both franchises are granted by the same franchisor or an affiliate of the franchisor. “Affiliate” shall have the same meaning as set forth in subdivision (k) of Section 31005.5 of the Corporations Code. +SEC. 3. +Section 20022 is added to the Business and Professions Code, to read: +20022. +(a) Except as provided in this section, upon a lawful termination or nonrenewal of a franchisee, the franchisor shall purchase from the franchisee, at the value of price paid, minus depreciation, all inventory, supplies, equipment, fixtures, and furnishings purchased or paid for under the terms of the franchise agreement or any ancillary or collateral agreement by the franchisee to the franchisor or its approved suppliers and sources, that are, at the time of the notice of termination or nonrenewal, in the possession of the franchisee or used by the franchisee in the franchise business. The franchisor shall have the right to receive clear title to and possession of all items purchased from the franchisee under this section. +(b) This section shall not require the franchisor to purchase any personalized items, inventory, supplies, equipment, fixtures, or furnishings not reasonably required to conduct the operation of the franchise business in accordance with the franchise agreement or any ancillary or collateral agreement or to which the franchisee, at the cessation of operation of the franchise business by the franchisee, cannot lawfully, or does not, grant the franchisor clear title and possession upon the franchisor’s payment to the franchisee for the inventory, supplies, equipment, fixtures, or furnishings. +(c) This section shall not apply when the franchisee declines a bona fide offer of renewal from the franchisor. +(d) This section shall not apply if the franchisor does not prevent the franchisee from retaining control of the principal place of the franchise business. +(e) This section shall not apply to any termination or nonrenewal of a franchise due to a publicly announced and nondiscriminatory decision by the franchisor to completely withdraw from all franchise activity within the relevant geographic market area in which the franchise is located. For the purpose of this section “relevant geographic market area” shall have the same meaning as in Section 20999. +(f) This section shall not apply if the franchisor and franchisee mutually agree in writing to terminate or not renew the franchise. +(g) This section shall not apply to any inventory, supplies, equipment, fixtures, or furnishings that are sold by the franchisee between the date of the notice of termination or nonrenewal, and the cessation of operation of the franchise business, by the franchisee, pursuant to the termination or nonrenewal. +(h) Upon the termination or nonrenewal of a franchise, a franchisor may offset against the amounts owed to a franchisee under this section any amounts owed by the franchisee to the franchisor. +SEC. 4. +Section 20028 is added to the Business and Professions Code, to read: +20028. +(a) It is unlawful for a franchisor to prevent a franchisee from selling or transferring a franchise, all or substantially all of the assets of the franchise business, or a controlling or noncontrolling interest in the franchise business, to another person provided that the person is qualified under the franchisor’s then-existing standards for the approval of new or renewing franchisees, these standards to be made available to the franchisee, as provided in Section 20029, and to be consistently applied to similarly situated franchisees operating within the franchise brand, and the franchisee and the buyer, transferee, or assignee comply with the transfer conditions specified in the franchise agreement. +(b) Notwithstanding subdivision (a), a franchisee shall not have the right to sell, transfer, or assign the franchise, all or substantially all of the assets of the franchise business, or a controlling or noncontrolling interest in the franchise business, without the written consent of the franchisor, except that the consent shall not be withheld unless the buyer, transferee, or assignee does not meet the standards for new or renewing franchisees described in subdivision (a) or the franchisee and the buyer, transferee, or assignee do not comply with the transfer conditions specified in the franchise agreement. +(c) This section does not prohibit a franchisor from exercising the contractual right of first refusal to purchase a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in a franchise business after receipt of a bona fide offer from a proposed purchaser to purchase the franchise, assets, or interest. A franchisor exercising the contractual right of first refusal shall offer the seller payment at least equal to the value offered in the bona fide offer. +(d) For the purpose of this section “franchise business” shall include a legal entity that is a party to a franchise agreement. +SEC. 5. +Section 20029 is added to the Business and Professions Code, to read: +20029. +(a) The franchisee shall, prior to the sale, assignment, or transfer of a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in the franchise business, to another person, notify the franchisor, of the franchisee’s intent to sell, transfer, or assign the franchise, all or substantially all of the assets of the franchise business, or the controlling or noncontrolling interest in the franchise business. The notice shall be in writing, delivered to the franchisor by business courier or by receipted mail and include all of the following: +(1) The proposed transferee’s name and address. +(2) A copy of all agreements related to the sale, assignment, or transfer of the franchise, the assets of the franchise business, or the interest in the franchise business. +(3) The proposed transferee’s application for approval to become the successor franchisee. The application shall include all forms, financial disclosures, and related information generally utilized by the franchisor in reviewing prospective new franchisees, if those forms are readily made available to the existing franchisee. If the forms are not readily available, the franchisee shall request and the franchisor shall deliver the forms to the franchisee by business courier or receipted mail within 15 calendar days. As soon as practicable after the receipt of the proposed transferee’s application, the franchisor shall notify, in writing, the franchisee and the proposed transferee of any additional information or documentation necessary to complete the transfer application. If the franchisor’s then-existing standards for the approval of new or renewing franchisees are not readily available to the franchisee when the franchisee notifies the franchisor of the franchisee’s intent to sell, transfer, or assign the franchise, the assets of the franchise business, or the controlling or noncontrolling interest in the franchise business, the franchisor shall communicate the standards to the franchisee within 15 calendar days. +(b) (1) The franchisor shall, within 60 days after the receipt of all of the necessary information and documentation required pursuant to subdivision (a), or as specified by written agreement between the franchisor and the franchisee, notify the franchisee of the approval or disapproval of the proposed sale, assignment, or transfer. The notice shall be in writing and shall be delivered to the franchisee by business courier or receipted mail. A proposed sale, assignment, or transfer shall be deemed approved, unless disapproved by the franchisor in the manner provided by this subdivision. If the proposed sale, assignment, or transfer is disapproved, the franchisor shall include in the notice of disapproval a statement setting forth the reasons for the disapproval. +(2) In any action in which the franchisor’s disapproval of a sale, assignment, or transfer pursuant to this subdivision is an issue, the reasonableness of the franchisor’s decision shall be a question of fact requiring consideration of all existing circumstances. For purposes of this paragraph, the finder of fact may be an arbitrator specified in the franchise agreement and who satisfies the requirements of Section 20040. Nothing in this paragraph shall prohibit summary judgment when the reasonableness of transfer approval or disapproval can be decided as a matter of law. +(3) This section does not require a franchisor to exercise a contractual right of first refusal. +(c) This section does not prohibit a franchisor from exercising the contractual right of first refusal to purchase a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in a franchise business after receipt of a bona fide offer from a proposed purchaser to purchase the franchise, assets, or interest. Any franchisor exercising the contractual right of first refusal shall offer the seller payment at least equal to the value offered in the bona fide offer. +(d) For the purpose of this section “franchise business” shall include a legal entity that is a party to a franchise agreement. +SEC. 6. +The heading of Article 6 (commencing with Section 20035) of Chapter 5.5 of Division 8 of the Business and Professions Code is amended to read: +Article 6. Remedies +SEC. 7. +Section 20035 of the Business and Professions Code is repealed. +SEC. 8. +Section 20035 is added to the Business and Professions Code, to read: +20035. +(a) In the event a franchisor terminates or fails to renew a franchisee, in violation of this chapter, the franchisee shall be entitled to receive from the franchisor the fair market value of the franchised business and franchise assets and any other damages caused by the violation of this chapter. +(b) A court may grant preliminary and permanent injunctions for a violation or threatened violation of this chapter. +SEC. 9. +Section 20036 of the Business and Professions Code is amended to read: +20036. +The franchisor may offset against any remedies made pursuant to Section 20035 any prior recovery by the franchisee pursuant to Section 20022 and any sums owed the franchisor or its subsidiaries by the franchisee pursuant to the franchise or any ancillary agreement. +SEC. 10. +Section 20041 of the Business and Professions Code is amended to read: +20041. +(a) Except as provided in subdivision (b), the provisions of this chapter shall apply only to franchises granted or renewed on or after January 1, 1981, or to franchises of an indefinite duration that may be terminated by the franchisee or franchisor without cause. +(b) The amendments to this chapter made by the act adding this subdivision shall apply only to franchise agreements entered into or renewed on or after January 1, 2016, or to franchises of an indefinite duration that may be terminated by the franchisee or franchisor without cause.","The California Franchise Relations Act sets forth certain requirements related to the termination, nonrenewal, and transfer of franchises between a franchisor, subfranchisor, and franchisee, as those terms are defined. +That act, except as otherwise provided, prohibits a franchisor from terminating a franchise prior to the expiration of its term, except for good cause, which includes, but is not limited to, the failure of the franchisee to comply with any lawful requirement of the franchise agreement after being given notice and a reasonable opportunity to cure the failure within 30 days. +This bill would instead limit good cause to the failure of the franchisee to substantially comply with the lawful requirements of the franchise agreement imposed on the franchisee after being given notice at least 60 days in advance and would require that the period for a reasonable opportunity to cure the failure be no less than 60 days from the date of the notice of noncompliance. The bill would prohibit the period for curing the failure from exceeding 75 days, except as specified. The bill also would allow immediate termination of a specified separate motor vehicle franchise under specified circumstances. +This bill would make it unlawful for a franchise agreement to prevent a franchisee from selling or transferring a franchise, all or substantially all of the assets of the franchise business, as defined, or a controlling or noncontrolling interest in the franchise business, to another person, provided that the person is qualified under the franchisor’s then-existing and reasonable standards for approval of new or renewing franchisees, as specified, and the parties comply with specified transfer provisions. The bill would prohibit a sale, transfer, or assignment of a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in the franchise business, without the franchisor’s written consent, but would prohibit that consent from being withheld unless the buyer, transferee, or assignor does not meet standards for new or renewing franchisees or the parties fail to meet specified transfer provisions. +This bill would require the franchisee, prior to the sale, assignment, or transfer of a franchise, all or substantially all of the assets of a franchise business, as defined, or a controlling or noncontrolling interest in the franchise business, to another person, to notify the franchisor of the franchisee’s intent to sell, transfer, or assign the franchise or its assets or interest, as specified, and would require the notice to be in writing and include specified information. The bill would require the franchisor, within a specified period, to notify the franchisee of the approval or disapproval of the proposed sale, assignment, or transfer of the franchise, and would require the notice to be in writing and be delivered by courier to the franchisee or sent by receipted mail. The bill would require the franchisor to communicate the franchisor’s standards for approval of new or renewing franchisees, as specified. The bill would deem a proposed sale, assignment, or transfer approved, unless disapproved by the franchisor, as specified. +The act requires a franchisor that terminates or fails to renew a franchise, other than in accordance with specified provisions of law, to offer to repurchase from the franchisee the franchisee’s resalable current inventory, as specified. +This bill would repeal those provisions and would, with certain exceptions, require the franchisor, upon a lawful termination or nonrenewal of a franchisee, to purchase from the franchisee at the value of price paid, minus depreciation, all inventory, supplies, equipment, fixtures, and furnishings purchased or paid for under the franchise agreement, as specified. The bill would not require a franchisor to purchase assets to which the franchisee cannot or does not provide clear title and possession. +This bill would entitle a franchisee to receive from the franchisor the fair market value of the franchise business and assets, as well as resulting damages, if a franchisor terminates or fails to renew a franchise in violation of the act. The bill would provide for injunctive relief in the event of a violation or threatened violation of these provisions. +The bill would limit its application to a franchise agreement entered into or renewed on or after January 1, 2016, or to franchises of an indefinite duration that may be terminated without cause.","An act to amend Sections 20020, 20021, 20036, and 20041 of, to amend the heading of Article 6 (commencing with Section 20035) of Chapter 5.5 of Division 8 of, to add Sections 20022, 20028, and 20029 to, and to repeal and add Section 20035 of, the Business and Professions Code, relating to franchises." +536,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 48800 of the Education Code is amended to read: +48800. +(a) The governing board of a school district may determine which pupils would benefit from advanced scholastic or vocational work. The intent of this section is to provide educational enrichment opportunities for a limited number of eligible pupils, rather than to reduce current course requirements of elementary and secondary schools, and also to help ensure a smoother transition from high school to college for pupils by providing them with greater exposure to the collegiate atmosphere. The governing board of a school district may authorize those pupils, upon recommendation of the principal of the pupil’s school of attendance, and with parental consent, to attend a community college during any session or term as special part-time or full-time students and to undertake one or more courses of instruction offered at the community college level. +(b) If the governing board of a school district denies a request for a special part-time or full-time enrollment at a community college for any session or term for a pupil who is identified as highly gifted, the governing board shall issue its written recommendation and the reasons for the denial within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted. +(c) A pupil shall receive credit for community college courses that he or she completes at the level determined appropriate by the governing boards of the school district and community college district. +(d) (1) The principal of a school may recommend a pupil for community college summer session only if that pupil meets all of the following criteria: +(A) Demonstrates adequate preparation in the discipline to be studied. +(B) Exhausts all opportunities to enroll in an equivalent course, if any, at his or her school of attendance. +(2) For any particular grade level, a principal shall not recommend for community college summer session attendance more than 5 percent of the total number of pupils who completed that grade immediately before the time of recommendation. +(3) A high school pupil recommended by his or her principal for enrollment in a course shall not be included in the 5-percent limitation of pupils allowed to be recommended pursuant to paragraph (2) if the course in which the pupil is enrolled is part of a College and Career Access Pathways (CCAP) program established pursuant to Section 76004 in which a majority of the pupils served are unduplicated pupils, as defined in Section 42238.02, the course meets one of the criteria listed in subparagraphs (A) to (C), inclusive, and the high school principal who recommends the pupil for enrollment provides the Chancellor of the California Community Colleges, upon the request of that office, with the data required for purposes of paragraph (4). +(A) The course is a lower division, college-level course for credit that is designated as part of the Intersegmental General Education Transfer Curriculum or applies toward the general education breadth requirements of the California State University. +(B) The course is a college-level, occupational course for credit assigned a priority code of “A,” “B,” or “C,” pursuant to the Student Accountability Model, as defined by the Chancellor of the California Community Colleges and reported in the management information system, and the course is part of a sequence of vocational or career technical education courses leading to a degree or certificate in the subject area covered by the sequence. +(C) The course is necessary to assist a pupil who has not passed the California High School Exit Examination (CAHSEE), does not offer college credit in English language arts or mathematics, and the pupil meets both of the following requirements: +(i) The pupil is in his or her senior year of high school. +(ii) The pupil has completed all other graduation requirements before the end of his or her senior year, or will complete all remaining graduation requirements during a community college summer session, which he or she is recommended to enroll in, following his or her senior year of high school. +(4) On or before March 1 of each year, the Chancellor of the California Community Colleges shall report to the Department of Finance the number of pupils recommended pursuant to paragraph (3) who enroll in community college summer session courses and who receive a passing grade. The information in this report may be submitted with the report required by subdivision (c) of Section 76002. +(5) The Board of Governors of the California Community Colleges shall not include enrollment growth attributable to paragraph (3) as part of its annual budget request for the California Community Colleges. +(6) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this subdivision shall not be waived. +(e) Paragraphs (3), (4), and (5) of subdivision (d) shall become inoperative on January 1, 2020. +SEC. 2. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to ensure rigorous scholastic and vocational work opportunities are available to pupils at the earliest possible time and that ongoing programs are not interrupted, it is necessary that this act take effect immediately.","Existing law authorizes the governing board of a school district to authorize a pupil who meets specified criteria to attend community college. Existing law limits the number of pupils a principal is authorized to recommend for community college summer session pursuant to those provisions to 5% of the total number of pupils in any grade level, as specified. +This bill, until January 1, 2020, would exempt from the 5% limitation pupils who meet specified requirements and who enroll in certain community college courses. The bill would require the Chancellor of the California Community Colleges to annually report to the Department of Finance the number of pupils who enrolled and received a passing grade in a community college summer session course. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 48800 of the Education Code, relating to pupil instruction, and declaring the urgency thereof, to take effect immediately." +537,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares both of the following: +(a) The earthquake that struck Napa on August 24, 2014, was a catastrophic event that resulted in economic hardship in the County of Napa. +(b) It is in the best interests of the citizens of the County of Napa that the exception, established by this law, to the tied-house provisions of the Alcoholic Beverage Control Act be provided for the benefit of the County of Napa. +SEC. 2. +Section 25503.40 is added to the Business and Professions Code, to read: +25503.40. +(a) Notwithstanding any other law, a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license that does not also hold a wholesaler or retail license as an additional license, unless the holder of the importer’s license holds one of the other authorized licenses specified in this section, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent may sponsor events promoted by, and may purchase advertising space and time from, or on behalf of, a live entertainment marketing company subject to all of the following conditions: +(1) (A) The live entertainment marketing company is a wholly owned subsidiary of a live entertainment company that is not publicly traded and has its principal place of business in the County of Napa, that may also own interests, directly or indirectly, in retail licenses or winegrower licenses. +(B) The venue of the event is located within the County of Napa, expected attendance of the event is at least 5,000 people per day, and no more than three of these events are held in the County of Napa each year. The live entertainment company promoting the event shall affirmatively represent and warrant in writing to any retail licensee operating as the retail licensee for such an event that the live entertainment company promoting the event, including the subject event, has not exceeded the permissible limit of three events in the County of Napa for the year in which the event is being held and the expected attendance for the event is in excess of 5,000 people per day. Any retail licensee operating as the retail licensee for an event in the County of Napa for an event with expected attendance of more than 5,000 people per day shall provide the written representation and warranty of the live entertainment company to the department and affirmatively state when obtaining the authorization for the event from the department that the event is being held pursuant to the conditions of this section and that the live entertainment company promoting the event, including the subject event, has not exceeded the permissible limit of three events in the County of Napa for the year in which the event is being held and the expected attendance for the event is in excess of 5,000 people per day. +(2) The sponsorship and the advertising space or time is purchased only in connection with the promotion of live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events at entertainment facilities, parks, fairgrounds, auditoriums, arenas, or other areas or venues that are designed for, or set up to be, and lawfully permitted to be used for live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events. +(3) (A) Any on-sale licensee operating at a venue where live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events are performed pursuant to a sponsorship described in this section or where advertising is purchased as described in this section shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler in addition to any brand manufactured or distributed by the sponsoring or advertising beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent. +(B) Any on-sale retail licensee owned by the live entertainment company described in paragraph (1) shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler in addition to any brand manufactured or distributed by the sponsoring or advertising beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent. +(4) (A) Advertising space or time purchased pursuant to this section shall not be placed in any on-sale licensed premises where the on-sale retail licensee is owned directly or indirectly by the live entertainment company, or any of its subsidiaries, described in paragraph (1). +(B) Sponsorship provided pursuant to this section shall not be allowed if the event or activity is held at or in any on-sale licensed premises where the on-sale retail licensee is owned by the live entertainment company, or any of its subsidiaries, described in paragraph (1). +(5) An agreement for the sponsorship of, or for the purchase of advertising space and time during, a live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment event shall not be conditioned directly or indirectly, in any way, on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by the advertising or sponsoring beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent by the live entertainment company described in paragraph (1) or by any on-sale retail licensee that is owned directly or indirectly by the live entertainment company. +(b) Any sponsorship of events or purchase of advertising space or time conducted pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent and the live entertainment marketing company. +(c) Any beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. +(d) Any on-sale retail licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to purchase advertising time or space pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. +(e) For purposes of this section, “beer manufacturer” includes a holder of a beer manufacturer’s license, a holder of an out-of-state beer manufacturer’s certificate, or a holder of a beer and wine importer’s license that does not also hold a wholesaler or retail license as an additional license. +(f) Nothing in this section shall authorize the purchasing of advertising space or time directly from, or on behalf of, any on-sale retail licensee. +(g) Nothing in this section shall authorize a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to furnish, give, or lend anything of value to an on-sale retail licensee described in subdivision (a) except as expressly authorized by this section or any other provision of this division. +(h) The Legislature finds and declares both of the following: +(1) It is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. +(2) Any exception established by the Legislature to the general prohibition against tied interests shall be limited to the express terms of the exception so as not to undermine the general prohibition. +(i) This section shall remain in effect only until January 1, 2019, and as of that date is repealed unless a later enacted statute, that is chaptered before January 1, 2019, deletes or extends that date. +SEC. 3. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique conditions located in the County of Napa. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally restricts certain alcoholic beverage licensees, including manufacturers and winegrowers, from paying, crediting, or compensating a retailer for advertising in connection with the advertising and sale of alcoholic beverages. Existing law expressly authorizes a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, holder of a distilled spirits rectifier’s general license, or a distilled spirits manufacturer’s agent to sponsor events promoted by or purchase advertising space and time from, or on behalf of, a live entertainment marketing company that is a wholly owned subsidiary of a live entertainment company that has its principal place of business in the County of Los Angeles, as provided. +This bill would expressly authorize, until January 1, 2019, a beer manufacturer, as described, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license that does not also hold a wholesaler or retail license as an additional license, as specified, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to sponsor events promoted by or purchase advertising space and time from, or on behalf of, a live entertainment marketing company that is a wholly owned subsidiary of a live entertainment company that is not publicly traded and has its principal place of business in the County of Napa, under specified conditions. The bill would also make a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces the holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to these provisions guilty of a misdemeanor. The bill would additionally make an on-sale retail licensee, as described, who solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to purchase advertising time or space pursuant to these provisions guilty of a misdemeanor. +By creating a new crime, this bill would impose a state-mandated local program. +This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Napa. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add and repeal Section 25503.40 of the Business and Professions Code, relating to alcoholic beverages." +538,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 30000 of the Penal Code is amended to read: +30000. +(a) The Attorney General shall establish and maintain an online database to be known as the Prohibited Armed Persons File. The purpose of the file is to +cross-reference +identify +persons who have ownership or possession of a firearm on or after January 1, 1996, as indicated by a record in the Consolidated Firearms Information System, and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm. +(b) +The +Except as provided in subdivision (c), the +information contained in the Prohibited Armed Persons File shall +only +be available +only +to those entities specified in, and pursuant to, subdivision (b) or (c) of Section 11105, through the California Law Enforcement Telecommunications System, for the purpose of determining if persons are armed and prohibited from possessing firearms. +(c) The Department of Justice shall provide access to the Prohibited Armed Persons File to the Department of Motor Vehicles for purposes of complying with Sections 4750 and 12805 of the Vehicle Code. +SEC. 2. +Section 4750 of the Vehicle Code is amended to read: +4750. +The department shall refuse registration, or renewal or transfer of registration, upon any of the following grounds: +(a) The application contains any false or fraudulent statement. +(b) The required fee has not been paid. +(c) The registration, or renewal or transfer of registration, is prohibited by the requirements of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code. +(d) The owner of a heavy vehicle, which is subject to the heavy vehicle use tax imposed pursuant to Section 4481 of Title 26 of the United States Code, has not presented sufficient evidence, as determined by the department, that the tax for the vehicle has been paid pursuant to that section. +(e) Evidence of financial responsibility, +that +which +is required for a vehicle registration renewal +where +when +there is no change in registered owner, has not been provided to the department pursuant to Section 4000.37 or electronically. This subdivision does not apply to any of the following: +(1) A vehicle for which a certification has been filed pursuant to Section 4604, until the vehicle is registered for operation upon the highway. +(2) A vehicle owned or leased by, or under the direction of, the United States or any public entity that is included in Section 811.2 of the Government Code. +(3) A vehicle registration renewal application +where +when +there is a change of registered owner. +(f) (1) The department determines that the person to whom the vehicle is, or will be, registered is listed as a prohibited person in the Prohibited Armed Persons File, pursuant to Section 30000 of the Penal Code. +(2) The department shall, before registering a vehicle, or renewing or transferring the registration of a vehicle, access the Prohibited Armed Persons File to determine if the person to whom the vehicle is, or will be, registered is listed as a prohibited person. +SEC. 3. +Section 12805 of the Vehicle Code is amended to read: +12805. +The department shall not issue a driver’s license to, or renew +a +the +driver’s license of, any person: +(a) Who is not of legal age to receive a driver’s license. +(b) Whose best corrected visual acuity is 20/200 or worse in that person’s better eye, as verified by an optometrist or ophthalmologist. No person may use a bioptic telescopic or similar lens to meet the 20/200 visual acuity standards. +(c) Who is unable, as shown by examination, to understand traffic signs or signals or who does not have a reasonable knowledge of the provisions of this code governing the operations of vehicles upon the highways. +(d) When it is determined, by examination or other evidence, that the person is unable to safely operate a motor vehicle upon a highway. +(e) Who is unable to read and understand simple English used in highway traffic and directional signs. This subdivision does not apply to any person holding an operator’s or chauffeur’s license issued by this state and valid on September 11, 1957. +(f) Who holds a valid driver’s license issued by a foreign jurisdiction unless the license has been surrendered to the department, or is lost or destroyed. +(g) Who has ever held, or is the holder of, a license to drive issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico, and that license has been suspended by reason, in whole or in part, of a conviction of a traffic violation until the suspension period has +terminated, except that the +terminated. The +department may issue a license to the applicant if, in the opinion of the department, it will be safe to issue a license to a person whose license to drive was suspended by a state that is not a party to the Driver License Compact provided for in Chapter 6 (commencing with Section 15000) of Division 6. +(h) Who has ever held, or is the holder of, a license to drive issued by another state, territory, or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico, and that license has been revoked by reason, in whole or in part, of a conviction of a traffic violation, until the revocation has been terminated or after the expiration of one year from the date the license was revoked, whichever occurs +first, except that the +first. The +department may issue a license to the applicant if, in the opinion of the department, it will be safe to issue a license to a person whose license to drive was revoked by a state that is not a party to the Driver License Compact provided for in Chapter 6 (commencing with Section 15000) of Division 6. +(i) (1) Who the department determines is listed as a prohibited person in the Prohibited Armed Persons File, pursuant to Section 30000 of the Penal Code. +(2) The department shall, before issuing or renewing a driver’s license, access the Prohibited Armed Persons File to determine if the person applying for, or renewing, the driver’s license is listed as a prohibited person.","Existing law requires the Attorney General to establish and maintain an online database, the Prohibited Armed Persons File, to cross-reference persons who have ownership or possession of a firearm on or after January 1, 1996, and who, subsequent to the date of that ownership or possession, fall within a class of persons who are prohibited from owning or possessing a firearm. Existing law restricts the access of that database to specified entities, including, among others, the courts, and specified law enforcement and prosecutorial entities. +This bill would require the Department of Justice to allow the Department of Motor Vehicles to access the database in connection with the registration of vehicles and the issuance and renewal of driver’s licenses. +Existing law prescribes certain instances when the Department of Motor Vehicles is required to refuse registration, or renewal or transfer of registration, of a vehicle, including, among others, when the application contains a false or fraudulent statement, or the required fee has not been paid. +This bill would additionally require the department to refuse registration, or renewal or transfer of registration, of a vehicle, when the department determines that the person to whom the vehicle is, or will be, registered is listed as a prohibited person in the Prohibited Armed Persons File. The bill would require the department, before registering a vehicle, or renewing or transferring the registration of a vehicle, to access the Prohibited Armed Persons File to determine if the person to whom the vehicle is, or will be, registered is listed as a prohibited person. +Existing law prescribes certain instances when the Department of Motor Vehicles is required to refuse to issue or renew a driver’s license, including, among others, when the person seeking the license is not of legal age to receive a driver’s license. +This bill would additionally require the department to refuse to issue or renew the driver’s license of a person who the department determines is listed as a prohibited person in the Prohibited Armed Persons File. The bill would require the department, before issuing or renewing a driver’s license, to access the Prohibited Armed Persons File to determine if the person applying for, or renewing, the driver’s license is listed as a prohibited person.","An act to amend Section 30000 of the Penal Code, and to amend Sections 4750 and 12805 of the Vehicle Code, relating to vehicles." +539,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The Los Angeles River has a complex ecological and political history. The river originally ran freely along an alluvial flood plain, which today is the City of Los Angeles. In the 1930s, destructive flooding led the United States Army Corps of Engineers to design and build facilities to minimize the impacts of future floods, a process that included lining most of the river with concrete. Since then, the city, county, and federal government have all played a role in restoring the Los Angeles River, including the county’s 1996 adoption of a master plan for developing and restoring the entire Los Angeles River. The City of Los Angeles developed a “revitalization plan” to restore the Upper Los Angeles River, which lies within the city’s boundaries. Most recently, the Corps of Engineers approved “Alternative 20,” a substantial restoration and infrastructure project along the Upper Los Angeles River. +(b) The City of Los Angeles was given responsibility for managing the river’s resources through a charter by the King of Spain at the end of the 18th century. After serious floods in the 1930s, the federal government, through the United States Army Corps of Engineers, stepped in to take responsibility for building and managing infrastructure projects to reduce the risk and damage from flooding, with the county as the local partner. The county also works with the city in managing the Upper Los Angeles River, where court decisions have held that the King of Spain’s charter gives the city “pueblo” water rights with authority to manage the Upper Los Angeles River’s resources. The courts have not given the city authority over the Lower Los Angeles River. +(c) The State of California retains its sovereign authority to manage the rivers within its boundaries, including the Los Angeles River. Historically, however, it has not exercised that authority, due to the dominance of the United States Army Corps of Engineers in partnership with the county. The county’s master plan addresses the entire river but is close to two decades old, and would benefit from renewed attention to resources and development, especially on the lower river. The Lower Los Angeles River passes through many cities, but not one of these cities has the responsibility and the resources to invest in restoration of that part of the Los Angeles River. There is therefore opportunity and need for the state to aid in the development and implementation of the county’s Master Plan, especially for the Lower Los Angeles River. +(d) In 2014, California voters approved the Water Quality, Supply, and Infrastructure Improvement Act of 2014, which included $60 million for the Los Angeles River, authorizing funding for both the Santa Monica Mountains Conservancy, which has responsibility for the Upper Los Angeles River, and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, which has responsibility for the Lower Los Angeles River. The Water Quality, Supply, and Infrastructure Improvement Act of 2014 allocated $30 million to each conservancy for the purpose of multibenefit water quality, water supply, and watershed protection and restoration projects for the watersheds. +SEC. 2. +Chapter 6 (commencing with Section 32622) is added to Division 22.8 of the Public Resources Code, to read: +CHAPTER 6. Lower Los Angeles River Working Group +32622. +(a) The Secretary of the Natural Resources Agency shall appoint, in consultation with the Los Angeles County Board of Supervisors to the extent that the board wishes to consult, a local working group to develop a revitalization plan for the Lower Los Angeles River watershed, called the Lower Los Angeles River Working Group. The secretary shall consider requests from local agency representatives to participate in the working group. The working group may include, but need not be limited to, representatives from the conservancy, the County of Los Angeles, the Gateway Cities Council of Governments, the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority, elected officials of the cities riparian to the Los Angeles River, and nonprofit organizations serving the Los Angeles River region. +(b) On or before March 1, 2017, the working group shall develop, through watershed-based planning methods, a revitalization plan that addresses the unique and diverse needs of the Lower Los Angeles River and the communities through which it passes. The plan shall be consistent with and enhance, and may be incorporated into, the County of Los Angeles’s Master Plan for the entire Los Angeles River. The plan shall include watershed education programs that help the Los Angeles River communities recognize the value of the river and the importance of protecting the river’s watershed resources and its vitality to their communities. +(c) The conservancy shall provide any necessary staffing to the working group to assist in the development of the plan. +(d) The development and implementation of the revitalization plan may be eligible for funding from any public or private source, including, but not limited to, funding pursuant to Section 79735 of the Water Code. Entities that are eligible to implement the revitalization plan include, but are not limited to, state agencies, local agencies, and nonprofit organizations, and may be eligible for state funding. +SEC. 3. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the Lower Los Angeles River’s complex ecological and political history and the unique obstacles the local governments of the Lower Los Angeles River encounter when managing the river and its surrounding areas.","Existing law provides for the protection, enhancement, and restoration of rivers in this state. Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for the purpose of, among others, providing for the public’s enjoyment and enhancement of recreational and education experiences on public lands in the San Gabriel Watershed and Lower Los Angeles River. +This bill would require the Secretary of the Natural Resources Agency to appoint, in consultation with the Los Angeles County Board of Supervisors to the extent the board wishes to consult, a local working group to develop a revitalization plan for the Lower Los Angeles River watershed, called the Lower Los Angeles River Working Group. The bill would require the secretary to consider requests from local agency representatives to participate in the working group and would authorize the working group to include specified representatives. The bill would require, by March 1, 2017, the working group to develop, through watershed-based planning methods, a revitalization plan that addresses the unique and diverse needs of the Lower Los Angeles River, that is consistent with, enhances, and is authorized to be incorporated into the County of Los Angeles’s Master Plan, and that includes watershed education programs. The bill would require the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy to provide any necessary staffing to assist the working group. +This bill would make legislative findings and declarations as to the necessity of a special statute for the Lower Los Angeles River.","An act to add Chapter 6 (commencing with Section 32622) to Division 22.8 of the Public Resources Code, relating to the Los Angeles River." +540,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known and may be cited as the Big Valley Watermaster District Act. It is intended to supplement the Water Code as follows: +Big Valley Watermaster District Act +Article 1. Creation +101. +This act shall be known, and may be cited, as the Big Valley Watermaster District Act. +102. +(a) A watermaster district is hereby created in Modoc County and Lassen County to be known as the Big Valley Watermaster District. +(b) The district shall be governed by a board of directors as specified in Section 401, shall have boundaries as prescribed in Section 201, and shall exercise the powers granted by this act for purposes of acting as watermaster over those decreed water rights whose places of use are within the Big Valley and for which the Superior Court for the County of Modoc has appointed the district as the watermaster, together with other powers and duties that are granted by this act or reasonably implied and necessary and proper to carry out the purposes of the district, including, but not limited to, any power authorized by the court which appoints the district as watermaster. +(c) The Legislature hereby finds and declares that the cost-effective and responsible enforcement of existing decreed water rights within the Big Valley is in the public interest, and that the creation of a watermaster district that can serve in that capacity after proper appointment by the Superior Court for Modoc County is for the common benefit of the holders of those decreed water rights within the Big Valley and for the protection of agricultural and economic productivity. +Article 2. Boundaries +201. +For the purposes of this act, all of the following townships that lie within the county comprise the territory that is included in the Big Valley Watermaster District: +____ +Article 3. Definitions +301. +Unless otherwise indicated by their context, the definitions set forth in this article govern the construction of this act. +302. +“Appointed decree” means a decree for which the district is appointed the watermaster by the court. +303. +“Appointed parcel” means a parcel of real property within the district that is a place of use for water rights under an appointed decree. +304. +“Big Valley” means that portion of the district generally drained by the Pit River. +305. +“Big Valley Service Area” means the territory included in the Big Valley Water District as specified in Section 201. +306. +“Board of directors” or “board” means the board of directors of the district. +307. +“Contracted parcel” means an eligible parcel whose owner has entered into a contract with the district to provide watermaster service for that parcel. +308. +“County” means the County of Lassen, the County of Modoc, or both. +309. +“Court” means the Superior Court for the County of Modoc. +310. +“Decree” means any water right decree, entered by the court, which adjudicates water rights within the county in which the decreed points of diversion are within the Big Valley in the county. +311. +“Department” means the Department of Water Resources. +312. +“District” means the Big Valley Watermaster District. +313. +“Eligible parcel” means a parcel of real property within the district that is a place of use for water rights under a decree that is not an appointed decree, and for which the department is not the watermaster. +314. +“Fund” means the fund designated by the court, or by the district in the absence of a designation by the court, into which charges levied by the district shall be paid by the county upon collection. +315. +“Owner” means a person who is an owner of a parcel of real property within the district that is a place of use for water rights under the decree. +316. +“Person” means any state or local governmental agency, private corporation, firm, partnership, individual, group of individuals, or, to the extent authorized by law, any native tribe or federal agency. +317. +“Voter” means a holder of water rights whose place of use under a decree is an appointed or contracted parcel. +Article 4. General Provisions +401. +(a) The board of directors shall govern the district and shall exercise the powers of the district as set forth in this act. +(b) Except as specified in subdivision (d), the board of directors of the district shall consist of five members elected at large from the Big Valley Service Area. Each director shall be a voter and an owner. The directors shall be elected at large from the Big Valley Service Area. +(c) A quorum of the board of directors shall be three members. A majority of affirmative votes of the full membership of the board shall be required to take an action. +(d) (1) (A) The initial five directors of the district shall be the directors of the Big Valley Water Users Association as of December 31, 2015. Each initial director’s term shall be as specified in subparagraph (B). +(B) For the initial board of directors, in the same sequence as the terms of the directors of the Big Valley Water Users Association, one director’s term shall end March 31, 2016, two directors terms shall end March 31, 2017, and two directors terms shall end March 31, 2018. +(2) After the initial board of directors, each director shall have a term of three years. A person shall be an owner to be elected to the board. +(e) Except as otherwise provided in this act, the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code) shall apply to elections within the district. +(f) Any vacancy in the elective office of a member of the board of directors shall be filled pursuant to Section 1780 of the Government Code. Any vacancy in the appointive office of a member of the board of directors shall be filled pursuant to Section 1778 of the Government Code. +402. +(a) For the purposes of the Uniform District Election Law, the district shall be deemed to be a landowner voting district, except that each voter shall have one vote. +(b) In a manner that is consistent with Section 10525 of the Elections Code, for water rights that have multiple holders, the holders shall designate in writing to the district, in accordance with a timetable established by the district, a voter from among their number for voting purposes. +403. +(a) The board of directors shall do all of the following: +(1) Act only by ordinance, resolution, or motion. +(2) Keep a record of all of its actions, including financial transactions. +(3) Adopt rules or bylaws for its proceedings. +(4) Adopt policies for the operation of the district. +(b) The board of directors may do all of the following: +(1) Provide, by ordinance or resolution, that its members may receive their actual and necessary traveling and incidental expenses incurred while on official business. Reimbursement of these expenses is subject to Section 53232.3 of the Government Code. A member of the board of directors may waive any or all of the payments permitted by this paragraph. +(2) Require any employee, officer, or member of the board of directors to be bonded. The district shall pay the cost of the bonds. +(c) Prior to taking office, each director shall take the official oath and execute any bond that may be set by the board. +404. +At the first meeting of the board of directors, and at the first annual meeting each year thereafter, the board of directors shall elect a chairperson and vice chairperson from among its members. The board of directors shall appoint a secretary of the district. The secretary of the district may be a member of the board of directors or a district employee. +405. +Meetings of the board shall be held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). +406. +The district shall have the following powers: +(a) Adopt ordinances in accordance with Article 7 (commencing with Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 3 of the Government Code. +(b) Adopt and enforce rules and regulations for the administration, operation, use, and maintenance of the district’s facilities and property. +(c) Sue and be sued in its own name. +(d) Acquire any real or personal property within the district, by contract or otherwise, to hold, manage, occupy, dispose of, convey, and encumber the property, and to create a leasehold interest in the property for the benefit of the district. The district shall not have the power of eminent domain. +(e) Appoint employees, define their qualifications and duties, and provide a schedule of compensation for performance of their duties. +(f) Engage counsel and other professional services. +(g) Enter into and perform all contracts. The district shall follow the procedures that apply to the county, including, but not limited to, the requirements of Article 3.6 (commencing with Section 20150) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code. +(h) Adopt a seal and alter it. +(i) Take any and all actions necessary for, or incidental to, the powers expressed or implied by this act. +407. +(a) The board of directors shall provide for the preparation of regular audits of the district’s accounts and records pursuant to Section 26909 of the Government Code. +(b) The board of directors shall provide for the preparation of annual financial reports to the Controller pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. +408. +All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code. +409. +The district is not subject to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). +410. +The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. +Article 5. Powers and Duties +501. +The district shall serve as the watermaster for any appointed decree, including, but not limited to, taking specific actions ordered by the court in the administration of that decree or decrees. +502. +(a) In carrying out its duties as watermaster, the district shall assume all powers and duties of the department set forth in Part 4 (commencing with Section 4000) of Division 2 of the Water Code, except as modified by the court, and as follows: +(1) References to the department in that part shall be deemed to be references to the district. +(2) References to the Water Resources Revolving Fund in that part shall be deemed to be references to the fund. +(b) Charges levied by the district shall comply with Article XIII D of the California Constitution. +503. +The district may enter into an agreement to provide watermaster service to the holders of water rights whose place of use is an eligible parcel if all the holders have executed the agreement. An agreement to provide watermaster services to an eligible parcel shall include a provision that the water right holders agree to pay in full for the service prior to the provision of service. The amount to be paid shall be determined to ensure that the provision of the watermaster service to contracted parcels does not increase the cost of the watermaster service to appointed parcels. +504. +Amounts owed to the county for services provided to the district by the county shall be included in the district’s budget for each watermaster service area. The watermaster service areas for which these amounts have been incurred shall be identified and accounted for in the budget. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique and special water problems in the area of the Big Valley Water District that make this special law necessary for the conservation, development, control, and use of that water for the public good. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","Existing law provides for the establishment of watermaster service areas by the Department of Water Resources for the purposes of ensuring the most practical and economic supervision of the distribution of water. Existing law specifies that upon the submission of a specified petition to a court in which a relevant judicial decree has been entered, the court may appoint a public agency as a watermaster to replace the watermaster appointed by the department. +This bill would create a watermaster district with unspecified boundaries within the Counties of Lassen and Modoc to be known as the Big Valley Watermaster District. The bill would generally specify the powers and purposes of the district. The bill would prescribe the composition of the board of directors of the district. The bill would require the district to provide watermaster service on behalf of water right holders whose place of use under an appointed decree, as defined, is a parcel of real property within the district. The bill would authorize the district to enter into an agreement to provide watermaster service to water right holders whose place of use is an eligible parcel, as defined. The bill would require the board of directors of the district to provide for the preparation of regular audits of the district’s accounts and records and specified annual financial reports. By imposing duties on the district and the Counties of Lassen and Modoc in connection with the operation of the district, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +This bill would make legislative findings and declarations as to the necessity of a special statute for the Big Valley Water District.","An act to create the Big Valley Watermaster District, and prescribing its boundaries, organization, operation, management, financing, and other powers and duties, relating to water districts." +541,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4000.5 of the Elections Code is amended to read: +4000.5. +(a) Notwithstanding Section 4000 or any other law, as a pilot program, an all-mailed ballot special election or special consolidated election in San Diego County may be conducted by an eligible entity if the special election or special consolidated election is any of the following: +(1) A special election to fill a vacancy in a congressional or legislative office. +(2) A special election to fill a vacancy in the legislative body or governing body. +(3) A special election conducted pursuant to Chapter 2 (commencing with Section 9100), Chapter 3 (commencing with Section 9200), Chapter 4 (commencing with Section 9300), Chapter 5 (commencing with Section 9400), or Chapter 6 (commencing with Section 9500) of Division 9. +(b) A special election or special consolidated election described in paragraphs (1) to (3), inclusive, of subdivision (a), may be conducted wholly as an all-mailed ballot election if all of the following apply: +(1) (A) For a special election to fill a vacancy in a congressional or legislative office, the Board of Supervisors of San Diego County, by resolution, authorizes the use of mailed ballots for the election and the congressional or legislative district lies wholly within San Diego County. +(B) For all other special elections the legislative body or governing body of the eligible entity, by resolution, authorizes the use of mailed ballots for the election. +(2) The election does not occur on the same date as a statewide direct primary election, statewide general election, or any other election conducted in an overlapping jurisdiction that is not consolidated and conducted wholly by mail. +(3) (A) If the boundaries of the jurisdiction of the eligible entity overlap with the boundaries of a city, at least one ballot dropoff location is provided per city that is open during business hours to receive voted ballots beginning not less than seven days before the date of the election. +(B) The number of dropoff locations in unincorporated areas shall be based on the number of unincorporated registered voters divided by 100,000 (rounded to the next whole number) with no less than one location to be selected. +(C) A ballot dropoff location provided for under this section shall consist of a locked ballot box located in a secure public building that meets the accessibility requirements for a polling place. +(4) On at least one Saturday and Sunday on or after the date the elections official first delivers ballots to voters, the elections official allows any voter to vote the ballot at a satellite location within the jurisdiction of the eligible entity pursuant to Section 3018. The elections official shall determine the hours of operation for each Saturday and Sunday, provided that the satellite location is open to voters for a minimum of six hours on each designated Saturday and Sunday. +(5) (A) At least one polling place is provided per eligible entity or the polling places are fixed in a manner so that there is one polling place for every 10,000 registered voters within the jurisdiction of the eligible entity, as determined on the 88th day before the day of the election, whichever results in more polling places. A polling place shall allow a voter to request and vote a ballot between 7 a.m. and 8 p.m. on the day of the election. +(B) The polling places provided under this section shall be established in accordance with the accessibility requirements described in Article 5 (commencing with Section 12280) of Chapter 3 of Division 12, the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), and shall, to the extent possible, ensure that access is evenly distributed throughout the jurisdiction of the eligible entity. +(C) The polling places provided under this section shall be established at accessible locations and shall be equipped with voting units or systems that are accessible to individuals with disabilities and that provide the same opportunity for access and participation as is provided to voters who are not disabled, including the ability to vote privately and independently in accordance with Sections 12280 and 19240. +(D) If a polling place consolidates one or more precincts for which the elections official is required to recruit precinct board members who are fluent in a language in addition to English pursuant to the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), the elections official shall ensure that the polling place is staffed by precinct board members who speak that language. +(E) If a polling place consolidates one or more precincts for which the elections official is required to recruit precinct board members who are fluent in a language in addition to English pursuant to subdivision (c) of Section 12303, the elections official shall make reasonable efforts to ensure that the polling place is staffed by precinct board members who speak that language. +(6) (A) The elections official delivers to each voter all supplies necessary for the use and return of the mail ballot, including an envelope for the return of the voted mail ballot with postage prepaid. +(B) The elections official delivers to each voter, with either the sample ballot sent pursuant to Section 13303 or with the voter’s ballot, all of the following: +(i) A notice, translated in all languages required under subdivision (c) of Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), that informs voters of all of the following: +(I) An all-mailed ballot election is being conducted and each eligible voter will receive a ballot by mail. +(II) The voter may cast a ballot in person at a satellite location provided for under paragraph (4) or at a polling place on election day. +(III) The voter may request the elections official to send a vote by mail ballot in a language other than English pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or a facsimile copy of the ballot printed in a language other than English pursuant to Section 14201. +(ii) A list of the ballot dropoff locations, satellite locations, and polling places established pursuant to this section. The list shall also be posted on the Internet Web site of the elections official. +(iii) A postage-paid postcard that the voter may return to the elections official for the purpose of requesting a vote by mail ballot in a language other than English. +(7) (A) The elections official submits to the Secretary of State a voter education and outreach plan to be implemented by the eligible entity for any election conducted pursuant to this section. The voter education and outreach plan shall include, but shall not be limited to, all of the following: +(i) One education and outreach meeting that includes representatives, advocates, and other stakeholders representing each community for which the eligible entity is required to provide voting materials and assistance in a language other than English under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). +(ii) One education and outreach meeting that includes representatives from community organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities. +(iii) At least one in-person bilingual voter education workshop for each language in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). +(iv) At least one in-person voter education workshop to increase accessibility for participation of eligible voters with disabilities. +(v) A toll-free voter assistance hotline maintained by the elections official that is operational no later than the date that vote by mail ballots are mailed to voters until 5 p.m. on the day after the special election. The toll-free voter assistance hotline shall provide assistance to voters in all languages in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). +(vi) At least one public service announcement in the media, including newspapers, radio, and television, that serve English-speaking citizens for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline. +(vii) At least one public service announcement in the media, including newspapers, radio, and television, that serve non-English-speaking citizens for each language in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline. +(viii) A voter education social media strategy that is developed in partnership with community organizations and individuals that advocate on behalf of, or provide services to, non-English-speaking individuals and individuals with disabilities. +(B) The voter education and outreach plan shall be posted on the Internet Web site of the Secretary of State and on the Internet Web site of the elections official. +(c) Except as otherwise provided in this section, the election day procedures shall be conducted in accordance with Division 14 (commencing with Section 14000). +(d) The elections official may provide, at his or her discretion, additional ballot dropoff locations and polling places for purposes of this section. +(e) The return of voted mail ballots is subject to Sections 3017 and 3020. +(f) (1) If the eligible entity conducts a special election pursuant to this section, it may process vote by mail ballot return envelopes beginning 29 days before the election. Processing vote by mail ballot return envelopes may include verifying the voter’s signature on the vote by mail ballot return envelope and updating voter history records. +(2) If the eligible entity conducts a special election pursuant to this section, it may start to process vote by mail ballots on the 10th business day before the election. Processing vote by mail ballots includes opening vote by mail ballot return envelopes, removing ballots, duplicating any damaged ballots, and preparing the ballots to be machine read, or machine reading them, but under no circumstances shall a vote count be accessed or released until 8 p.m. on the day of the election. +(g) Results of any vote by mail ballot tabulation or count shall not be released before the close of the polls on the day of the election. +(h) For the sole purpose of reporting the results of an election conducted pursuant to this section, upon completion of the ballot count, the elections official shall divide the jurisdiction into precincts pursuant to Article 2 (commencing with Section 12220) of Chapter 3 of Division 12 and shall prepare a statement of the results of the election in accordance with Sections 15373 and 15374. +(i) The elections official shall compile an index, list, or file of all persons who voted in an election conducted pursuant to this section. If the elections official uses data-processing equipment to compile the index, list, or file, he or she shall retain an accurate copy of that index, list, or file in electronic format for a period of 10 years. +(j) (1) If an election is conducted pursuant to this section, the eligible entity shall report to the Legislature and to the Secretary of State regarding the success of the election, including, but not limited to, all of the following: +(A) Any statistics on the cost to conduct the election. +(B) The turnout of different populations, including, but not limited to, and to the extent possible, the population categories of race, ethnicity, language preference, age, gender, disability, permanent vote by mail status, and political party preference. +(C) The number of ballots that were not counted and the reasons they were rejected. +(D) Voter fraud. +(E) Any other problems that become known to the eligible entity during the election or canvass. +(2) Whenever possible, using the criteria set forth in paragraph (1), the report shall compare the election conducted pursuant to this section to similar elections not conducted pursuant to this section in the same jurisdiction or comparable jurisdictions. +(3) Within six months after the date of the election or before the date of a subsequent election conducted pursuant to this section, whichever is sooner, the eligible entity shall do all of the following with respect to the report required by this subdivision: +(A) Submit the report to the Legislature in compliance with Section 9795 of the Government Code. +(B) Submit the report to the Secretary of State. +(C) Post the report on the Internet Web site of the elections official. +(k) For purposes of this section, “eligible entity” means both of the following: +(1) San Diego County. +(2) A city, school district, community college district, special district, or other district or political subdivision organized pursuant to state law, whose boundaries are located wholly within San Diego County. +(l) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the voting behavior, demographic characteristics, and unique special election experiences of San Diego County. It is the intent of the Legislature that the provisions of this act continue the pilot program that may be used for future special elections.","Existing law authorizes, until January 1, 2020, San Diego County to conduct, as a pilot program, an all-mailed ballot special election or special consolidated election to fill a congressional or legislative vacancy under specified conditions. If such an election is conducted, existing law requires San Diego County to report certain information to the Legislature and the Secretary of State regarding the success of the election. +This bill, until January 1, 2021, would authorize San Diego County, or any city, school district, community college district, special district, or other district or political subdivision whose boundaries are located wholly within San Diego County, to conduct an all-mailed ballot special election or special consolidated election to fill a vacancy on the legislative or governing body of those entities. The bill would authorize those entities to also hold an all-mailed ballot special election for county initiatives, city initiatives, district initiatives, bond issues, and school measures conducted pursuant to specified provisions. The bill would extend the pilot program for San Diego County, as described above, until January 1, 2021. The bill would also require certain voter education workshops to be conducted in-person. +This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego.","An act to amend Section 4000.5 of the Elections Code, relating to elections." +542,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1942.5 of the Civil Code is amended to read: +1942.5. +(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following: +(1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability. +(2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability. +(3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice. +(4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability. +(5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor. +In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive. +(b) A lessee may not invoke subdivision (a) more than once in any 12-month period. +(c) It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor’s conduct was, in fact, retaliatory. +(d) Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy. +(e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing. +(f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following: +(1) The actual damages sustained by the lessee. +(2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act. +(g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney’s fees to the prevailing party if either party requests attorney’s fees upon the initiation of the action. +(h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law. +SEC. 1.5. +Section 1942.5 of the Civil Code is amended to read: +1942.5. +(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following: +(1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability. +(2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability. +(3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice. +(4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability. +(5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor. +In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive. +(b) A lessee may not invoke subdivision (a) more than once in any 12-month period. +(c) Notwithstanding subdivision (a), it is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor’s conduct was, in fact, retaliatory. +(d) Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy. +(e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing. +(f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following: +(1) The actual damages sustained by the lessee. +(2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act. +(g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney’s fees to the prevailing party if either party requests attorney’s fees upon the initiation of the action. +(h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law. +SEC. 2. +Section 1954.1 of the Civil Code is amended and renumbered to read: +1954.05. +In any general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, the assignee shall have the right to occupy, for a period of up to 90 days after the date of the assignment, any business premises held under a lease by the assignor upon payment when due of the monthly rental reserved in the lease for the period of such occupancy, notwithstanding any provision in the lease, whether heretofore or hereafter entered into, for the termination thereof upon the making of the assignment or the insolvency of the lessee or other condition relating to the financial condition of the lessee. This section shall be construed as establishing the reasonable rental value of the premises recoverable by a landlord upon a holding-over by the tenant upon the termination of a lease under the circumstances specified herein. +SEC. 3. +Chapter 2.8 (commencing with Section 1954.600) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read: +CHAPTER 2.8 Bed Bug Infestations +1954.600. +The Legislature finds and declares: +(a) Controlling bed bugs is uniquely challenging, as bed bug resistance to existing insecticidal control measures is significant. Cooperation among landlords, tenants, and pest control operators is required for successful control. With cooperation among landlords, tenants, and pest control operators, most bed bug infestations can be successfully controlled. +(b) Effective control is more likely to occur when landlords and tenants are informed of the best practices for bed bug control. +(c) Early detection and reporting of bed bugs is an important component required for preventing bed bug infestations. Tenants should not face retaliation for reporting a problem. +(d) Lack of cooperation by landlords and tenants can undermine pest control operator efforts to identify the presence of bed bugs and control an infestation. Depending on the treatment strategy, it is often critical that tenants cooperate with pest control operators by reducing clutter, washing clothes, or performing other activities. Likewise, inadequate or untimely response or planning by landlords may exacerbate an infestation. +(e) Pest control operators with knowledge and education in current best practices for bed bug management, such as those created by the National Pest Management Association (NPMA), are best equipped to help property owners and tenants eradicate bed bugs from their home. +(f) The Structural Pest Control Board should incorporate training in bed bug management based on the National Pest Management Association (NPMA) best practices for the issuance or renewal of a Branch 2 operator, field representative, or applicator license. +1954.601. +For purposes of this chapter, the term “pest control operator” means an individual holding a Branch 2 operator, field representative, or applicator license from the Structural Pest Control Board. +1954.602 +(a) A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows has a current bed bug infestation. +(b) This section does not impose a duty on a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have notice pursuant to this section. +1954.603. +On and after July 1, 2017, prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written notice to the prospective tenant as provided in this section. This notice shall be provided to all other tenants by January 1, 2018. The notice shall be in at least 10-point type and shall include, but is not limited to, the following: +(a) General information about bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of and for prompt written reporting of suspected infestations to the landlord. The information shall be in substantially the following form: + + +Information about Bed Bugs +Bed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about +1/4 +of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about +1/16 +of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden. +Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days. +Bed bugs can survive for months without feeding. +Bed bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A person’s reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all. +Common signs and symptoms of a possible bed bug infestation: +• Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls. +• Molted bed bug skins, white, sticky eggs, or empty eggshells. +• Very heavily infested areas may have a characteristically sweet odor. +• Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them. +For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association. + + +(b) The procedure to report suspected infestations to the landlord. +1954.604. +Entry to inspect a tenant’s dwelling unit shall comply with Section 1954. Entry to inspect any unit selected by the pest control operator and to conduct followup inspections of surrounding units until bed bugs are eliminated is a necessary service for the purpose of Section 1954. Tenants shall cooperate with the inspection to facilitate the detection and treatment of bed bugs, including providing requested information that is necessary to facilitate the detection and treatment of bed bugs to the pest control operator. +1954.605. +The landlord shall notify the tenants of those units inspected by the pest control operator pursuant to Section 1954.604 of the pest control operator’s findings. The notification shall be in writing and made within two business days of receipt of the pest control operator’s findings. For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operator’s findings. +SEC. 4. +Section 1.5 of this bill incorporates amendments to Section 1942.5 of the Civil Code proposed by both this bill and Assembly Bill 2881. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1942.5 of the Civil Code, and (3) this bill is enacted after Assembly Bill 2881, in which case Section 1 of this bill shall not become operative.","Existing law imposes various obligations on landlords who rent out residential dwelling units, including the general requirement that the building be in a fit condition for human occupation. Among other responsibilities, existing law requires a landlord of a residential dwelling unit to provide each new tenant who occupies the unit with a copy of the notice provided by a registered structural pest control company, as specified, if a contract for periodic pest control service has been executed. +This bill would prescribe the duties of landlords and tenants with regard to the treatment and control of bed bugs. The bill would require a landlord to provide a prospective tenant, on and after July 1, 2017, and to all other tenants by January 1, 2018, information about bed bugs, as specified. The bill would require that the landlord provide notice to the tenants of those units inspected by the pest control operator of the pest control operator’s findings within 2 business days, as specified. The bill would prohibit a landlord from showing, renting, or leasing a vacant dwelling unit that the landlord knows has a bed bug infestation, as specified. +This bill would incorporate additional changes to Section 1942.5 of the Civil Code, proposed by AB 2881, that would become operative only if this bill and AB 2881 are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Section 1942.5 of, to amend and renumber Section 1954.1 of, and to add Chapter 2.8 (commencing with Section 1954.600) to Title 5 of Part 4 of Division 3 of, the Civil Code, relating to tenancy." +543,"The people of the State of California do enact as follows: + + +SECTION 1. +The heading of Chapter 4.5 (commencing with Section 630.01) of Title 8 of Part 2 of the Code of Civil Procedure is amended to read: +CHAPTER 4.5. Voluntary Expedited Jury Trials +SEC. 2. +Section 630.03 of the Code of Civil Procedure is amended to read: +630.03. +(a) All parties agreeing to participate in an expedited jury trial and, if represented, their counsel, shall sign a proposed consent order granting an expedited jury trial. +(b) Except as provided in subdivision (d), the agreement to participate in the expedited jury trial process is binding upon the parties, unless either of the following occurs: +(1) All parties stipulate to end the agreement to participate. +(2) The court, on its own motion or at the request of a party by noticed motion, finds that good cause exists for the action not to proceed under the rules of this chapter. +(c) Any agreement to participate in an expedited jury trial under this chapter may be entered into only after a dispute has arisen and an action has been filed. +(d) The court shall approve the use of an expedited jury trial and any high/low agreements or other stipulations for an expedited jury trial involving either of the following: +(1) A self-represented litigant. +(2) A minor, an incompetent person, or a person for whom a conservator has been appointed. +(e) The proposed consent order submitted to the court shall include all of the following: +(1) A preliminary statement that each named party and any insurance carrier responsible for providing coverage or defense on behalf of that party, individually identified in the proposed consent order, have been informed of the rules and procedures for an expedited jury trial and provided with a Judicial Council information sheet regarding expedited jury trials, have agreed to take part in or, in the case of a responsible insurance carrier, not object to, the expedited jury trial process, and have agreed to all the specific provisions set forth in the consent order. +(2) The parties’ agreement to all of the following: +(A) That all parties waive all rights to appeal and to move for directed verdict or make any post-trial motions, except as provided in Sections 630.08 and 630.09. +(B) That each side shall have up to five hours in which to complete voir dire and to present its case. +(C) That the jury shall be composed of eight or fewer jurors with no alternates. +(D) That each side shall be limited to three peremptory challenges, unless the court permits an additional challenge in cases with more than two sides as provided in Section 630.04. +(E) That the trial and pretrial matters will proceed under subparagraphs (A) to (D), inclusive, and, unless the parties expressly agree otherwise in the proposed consent order, under all other provisions in this chapter and in the implementing rules of court. +(f) The court shall issue the consent order as proposed by the parties, unless the court finds good cause why the action should not proceed through the expedited jury trial process, in which case the court shall deny the proposed consent order in its entirety. +SEC. 3. +Section 630.11 of the Code of Civil Procedure is amended to read: +630.11. +The Judicial Council shall, on or before July 1, 2016, update rules and forms to establish uniform procedures implementing the provisions of this chapter, including, but not limited to, rules for all of the following: +(a) Additional content of proposed consent orders. +(b) Pretrial exchanges and submissions. +(c) Pretrial conferences. +(d) Presentation of evidence and testimony. +(e) Any other procedures necessary to implement the provisions of this chapter. +SEC. 4. +Section 630.12 of the Code of Civil Procedure is repealed. +SEC. 5. +Chapter 4.6 (commencing with Section 630.20) is added to Title 8 of Part 2 of the Code of Civil Procedure, to read: +CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases +630.20. +(a) Except as provided in subdivisions (b) and (c), an action or special proceeding treated as a limited civil case pursuant to Article 1 (commencing with Section 85) of Chapter 5.1 of Title 1 of Part 1, including an action or special proceeding initially filed as a limited civil case or remanded as one thereafter, shall be conducted as a mandatory expedited jury trial pursuant to this chapter. +(b) Either party may opt out of the mandatory expedited jury trial procedures if any of the following criteria is met: +(1) Punitive damages are sought. +(2) Damages in excess of insurance policy limits are sought. +(3) A party’s insurer is providing a legal defense subject to a reservation of rights. +(4) The case involves a claim reportable to a governmental entity. +(5) The case involves a claim of moral turpitude that may affect an individual’s professional licensing. +(6) The case involves claims of intentional conduct. +(7) The case has been reclassified as unlimited pursuant to Section 403.020. +(8) The complaint contains a demand for attorney’s fees, unless those fees are sought pursuant to Section 1717 of the Civil Code. +(9) The judge finds good cause exists for the action not to proceed under the rules of this chapter. Good cause includes, but is not limited to, a showing that a party needs more than five hours to present or defend the action and that the parties have been unable to stipulate to additional time. +(c) This chapter does not apply to a proceeding in forcible entry or forcible or unlawful detainer. +(d) A judgment in a limited civil case conducted as a mandatory expedited jury trial may be appealed to the appellate division of the superior court in which the case was tried. +630.21. +For purposes of this chapter: +(a) “Mandatory expedited jury trial” means a jury trial before a reduced jury panel and a judge, conducted pursuant to this chapter. +(b) “High/low agreement” means a written agreement entered into by the parties that specifies a minimum amount of damages that a plaintiff is guaranteed to receive from the defendant, and a maximum amount of damages that the defendant will be liable for, regardless of the ultimate verdict returned by the jury. Neither the existence of, nor the amounts contained in, any high/low agreements may be disclosed to the jury. +630.22. +(a) The procedures in this chapter and in the implementing rules of court shall apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties agree otherwise, as permitted under subdivision (d) of Section 630.23, and the court so orders. +(b) Any matters not expressly addressed in this chapter, in the implementing rules of court, or in an agreement authorized by this chapter and the implementing rules, are governed by applicable statutes and rules governing civil actions. +630.23. +The following rules and procedures apply to mandatory expedited jury trials conducted pursuant to this chapter: +(a) Each side shall have up to five hours in which to complete voir dire and to present its case. +(b) The jury shall be composed of eight jurors and one alternate, unless the parties have agreed to fewer jurors. +(c) Each side shall be limited to four peremptory challenges, unless the court permits an additional challenge in cases with more than two sides. If there are more than two parties in a case and more than two sides, as determined by the court under subdivision (c) of Section 231, the parties may request one additional peremptory challenge each, which is to be granted by the court as the interests of justice may require. +(d) The parties may agree to modify the rules and procedures specified in this chapter and the implementing rules of court, subject to the court’s approval. +630.24. +Nothing in this chapter is intended to preclude a jury from deliberating as long as needed. +630.25. +(a) The rules of evidence apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties stipulate otherwise. +(b) Any stipulation by the parties to use relaxed rules of evidence shall not be construed to eliminate, or in any way affect, the right of a witness or party to invoke any applicable privilege or other law protecting confidentiality. +(c) The right to issue subpoenas and notices to appear to secure the attendance of witnesses or the production of documents at trial shall be in accordance with this code. +630.26. +(a) A vote of six of the eight jurors is required for a verdict, unless the parties stipulate otherwise. +(b) The verdict in a limited civil case following a mandatory expedited jury trial case shall be appealable under subdivision (d) of Section 630.20 and subject to any written high/low agreement or other stipulations concerning the amount of the award agreed upon by the parties. +630.27. +All statutes and rules governing costs and attorney’s fees shall apply in limited civil cases that are conducted as mandatory expedited jury trials, unless the parties stipulate otherwise. +630.28. +The Judicial Council shall, on or before July 1, 2016, adopt rules and forms to establish uniform procedures implementing the provisions of this chapter, including, rules for the following: +(a) Pretrial exchanges and submissions. +(b) Pretrial conferences. +(c) Opt-out procedures pursuant to subdivision (b) of Section 630.20. +(d) Presentation of evidence and testimony. +(e) Any other procedures necessary to implement the provisions of this chapter. +630.29. +Sections 630.20 to 630.27, inclusive, shall become operative on July 1, 2016. +630.30. +This chapter shall remain in effect only until July 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2019, deletes or extends that date.","Existing law establishes procedures for conducting expedited jury trials in civil cases where the parties sign a consent order to stipulate that those procedures apply. Pursuant to these procedures, all parties agree that each side has up to 3 hours to present its case and agree to waive all rights to appeal and to move for a directed verdict or to make any posttrial motions, except as provided. Existing law repeals these provisions on January 1, 2016. +This bill would modify procedures to provide that each party would have up to 5 hours to complete voir dire and present its case. The bill would require the Judicial Council to update rules and forms relating to these procedures by July 1, 2016. The bill would also delete the January 1, 2016, repeal date, thereby extending the operation of these provisions indefinitely. +Existing law requires that a designated action or special proceeding meeting certain conditions be treated as a limited civil case. Existing law authorizes a limited civil case to be brought in the small claims division if the case is within the jurisdiction of the small claims division as otherwise provided by statute. +The bill would establish procedures for conducting mandatory expedited jury trials in limited civil cases, including provisions for a jury of 8 or few members, with one alternate, and a limit of 5 hours for each side to complete voir dire and to present its case. The bill would authorize either party to opt out of the expedited jury trial procedures if certain requirements are met. The bill would provide that the verdict in an expedited jury trial case may be appealed and is subject to any written high/low agreement, as defined. The bill would require the Judicial Council to adopt additional rules and uniform procedures, as provided, by July 1, 2016. +The bill would delay the operative date of specified provisions relating to mandatory expedited jury trials until July 1, 2016. The bill would also repeal the provisions relating to mandatory expedited jury trials on July 1, 2019.","An act to amend Sections 630.03 and 630.11 of, to amend the heading of Chapter 4.5 (commencing with Section 630.01) of Title 8 of Part 2 of, to add and repeal Chapter 4.6 (commencing with Section 630.20) of Title 8 of Part 2 of, and to repeal Section 630.12 of the Code of Civil Procedure, relating to civil actions." +544,"The people of the State of California do enact as follows: + + +SECTI/div> +SEC. 2. +Section 5008.9 is added to the Corporations Code, to read: +5008.9. +(a) A nonprofit corporation described in Section 5059, 5060, or 5061, or a foreign nonprofit corporation, as defined in Section 5053, that has qualified to transact intrastate business, shall be subject to administrative dissolution or administrative surrender in accordance with this section if, as of January 1, 2016, or later, the nonprofit corporation’s or foreign corporation’s corporate powers are, and have been, suspended or forfeited by the Franchise Tax Board for a period of not less than 48 continuous months. +(b) Prior to the administrative dissolution or administrative surrender of the nonprofit corporation or foreign corporation, the corporation shall be notified of the pending administrative dissolution or administrative surrender as follows: +(1) The Franchise Tax Board shall mail written notice to the last known address of a nonprofit corporation or foreign corporation meeting the requirement described in subdivision (a). +(2) If the nonprofit corporation or foreign corporation does not have a valid address in the records of the Franchise Tax Board, the notice provided in subdivision (d) shall be deemed sufficient notice prior to administrative dissolution or administrative surrender. +(c) The Franchise Tax Board shall transmit to the Secretary of State and the Attorney General’s Registry of Charitable Trusts the names and Secretary of State file numbers of nonprofit corporations and foreign corporations subject to the administrative dissolution or administrative surrender provisions of this section. +(d) The Secretary of State shall provide 60 calendar days’ notice of the pending administrative dissolution or administrative surrender on its Internet Web site by listing the corporation name and the Secretary of State’s file number for the nonprofit corporation or foreign corporation. The Secretary of State shall also, in conjunction with the information above, provide instructions for a nonprofit corporation or foreign corporation to submit a written objection of the pending administrative dissolution or administrative surrender to the Franchise Tax Board. +(e) (1) A nonprofit corporation or foreign corporation may provide the Franchise Tax Board with a written objection to the administrative dissolution or administrative surrender. +(2) The Franchise Tax Board shall notify the Secretary of State if a written objection has been received. +(f) If no written objection to the administrative dissolution or administrative surrender is received by the Franchise Tax Board during the 60-day period described in subdivision (d), the nonprofit corporation or foreign corporation shall be administratively dissolved or administratively surrendered in accordance with this section. The certificate of the Secretary of State shall be prima facie evidence of the administrative dissolution or administrative surrender. +(g) (1) If the written objection of a nonprofit corporation or foreign corporation to the administrative dissolution or administrative surrender has been received by the Franchise Tax Board before the expiration of the 60-day period described in subdivision (d), that nonprofit corporation or foreign corporation shall have an additional 90 days from the date the written objection is received by the Franchise Tax Board to pay or otherwise satisfy all accrued taxes, penalties, and interest and to file a current Statement of Information with the Secretary of State. +(2) (A) If the conditions in paragraph (1) are satisfied, the administrative dissolution or administrative surrender shall be canceled. +(B) If the conditions in paragraph (1) are not satisfied, the nonprofit corporation or foreign corporation shall be administratively dissolved or administratively surrendered in accordance with this section as of the date that is 90 days after the receipt of the written objection. +(3) The Franchise Tax Board may extend the 90-day period in paragraph (1), but for no more than one period of 90 days. +(h) Upon administrative dissolution or administrative surrender in accordance with this section, the nonprofit corporation’s or the foreign corporation’s liabilities for qualified taxes, interest, and penalties as defined in Section 23156 of the Revenue and Taxation Code, if any, shall be abated. Any actions taken by the Franchise Tax Board to collect that abated liability shall be released, withdrawn, or otherwise terminated by the Franchise Tax Board, and no subsequent administrative or civil action shall be taken or brought to collect all or part of that amount. Any amounts erroneously received by the Franchise Tax Board in contravention of this section may be credited and refunded in accordance with Article 1 (commencing with Section 19301) of Chapter 6 of Part 10.2 of Division 2 of the Revenue and Taxation Code. +(i) If the nonprofit corporation or foreign corporation is administratively dissolved or administratively surrendered under this section, the liability to creditors, if any, is not discharged. The liability of the directors of, or other persons related to, the administratively dissolved or administratively surrendered nonprofit corporation or foreign corporation is not discharged. The administrative dissolution or administrative surrender of a nonprofit corporation or foreign corporation pursuant to this section shall not diminish or adversely affect the ability of the Attorney General to enforce liabilities as otherwise provided by law. +SEC. 3. +Section 6610.5 is added to the Corporations Code, to read: +6610.5. +(a) Notwithstanding any other provision of this division, when a corporation has not issued any memberships, a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators, may sign and verify a certificate of dissolution stating all of the following: +(1) That the certificate of dissolution is being filed within 24 months from the date the articles of incorporation were filed. +(2) That the corporation does not have any debts or other liabilities, except as provided in paragraph (3) and subdivision (d). +(3) That the tax liability will be satisfied on a taxes-paid basis or that a person or corporation or other business entity assumes the tax liability, if any, of the dissolving corporation and is responsible for additional corporate taxes, if any, that are assessed and that become due after the date of the assumption of the tax liability. +(4) That a final franchise tax return, as described by Section 23332 of the Revenue and Taxation Code, has been or will be filed with the Franchise Tax Board as required under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code. +(5) That the corporation was created in error. +(6) That the known assets of the corporation remaining after payment of, or adequately providing for, known debts and liabilities have been distributed as required by law or that the corporation acquired no known assets, as the case may be. +(7) That a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators authorized the dissolution and elected to dissolve the corporation. +(8) That the corporation has not issued any memberships, and if the corporation has received payments for memberships, those payments have been returned to those making the payments. +(9) That the corporation is dissolved. +(b) A certificate of dissolution signed and verified pursuant to subdivision (a) shall be filed with the Secretary of State. The Secretary of State shall notify the Franchise Tax Board and the Attorney General’s Registry of Charitable Trusts of the dissolution. +(c) Upon filing a certificate of dissolution pursuant to subdivision (b), a corporation shall be dissolved and its powers, rights, and privileges shall cease. +(d) Notwithstanding the dissolution of a corporation pursuant to this section, its liability to creditors, if any, is not discharged. The liability of the directors of, or other persons related to, the dissolved corporation is not discharged. The dissolution of a corporation pursuant to this section shall not diminish or adversely affect the ability of the Attorney General to enforce liabilities as otherwise provided by law. +SEC. 4. +Section 8610.5 is added to the Corporations Code, to read: +8610.5. +(a) Notwithstanding any other provision of this division, when a corporation has not issued any memberships, a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators, may sign and verify a certificate of dissolution stating the following: +(1) That the certificate of dissolution is being filed within 24 months from the date the articles of incorporation were filed. +(2) That the corporation does not have any debts or other liabilities, except as provided in paragraph (3) and subdivision (d). +(3) That the tax liability will be satisfied on a taxes-paid basis, or that a person or corporation or other business entity assumes the tax liability, if any, of the dissolving corporation and is responsible for additional corporate taxes, if any, that are assessed and that become due after the date of the assumption of the tax liability. +(4) That a final franchise tax return, as described by Section 23332 of the Revenue and Taxation Code, has been or will be filed with the Franchise Tax Board as required under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code. +(5) That the corporation was created in error. +(6) That the known assets of the corporation remaining after payment of, or adequately providing for, known debts and liabilities have been distributed as required by law or that the corporation acquired no known assets, as the case may be. +(7) That a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators authorized the dissolution and elected to dissolve the corporation. +(8) That the corporation has not issued any memberships, and if the corporation has received payments for memberships, those payments have been returned to those making the payments. +(9) That the corporation is dissolved. +(b) A certificate of dissolution signed and verified pursuant to subdivision (a) shall be filed with the Secretary of State. The Secretary of State shall notify the Franchise Tax Board and the Attorney General’s Registry of Charitable Trusts of the dissolution. +(c) Upon filing a certificate of dissolution pursuant to subdivision (b), a corporation shall be dissolved and its powers, rights, and privileges shall cease. +(d) Notwithstanding the administrative dissolution of a corporation pursuant to this section, its liability to creditors, if any, is not discharged. The liability of the directors of, or other persons related to, the administratively dissolved corporation is not discharged. The dissolution of a corporation pursuant to this section shall not diminish or adversely affect the ability of the Attorney General to enforce liabilities as otherwise provided by law. +SEC. 5. +Section 9680.5 is added to the Corporations Code, to read: +9680.5. +(a) Notwithstanding any other provision of this division, when a corporation has not issued any memberships, a majority of the directors, or, if no directors have been named in the articles or been elected, the incorporator or a majority of the incorporators, may sign and verify a certificate of dissolution stating the following: +(1) That the certificate of dissolution is being filed within 24 months from the date the articles of incorporation were filed. +(2) That the corporation does not have any debts or other liabilities, except as provided in paragraph (3) and subdivision (d). +(3) That the tax liability will be satisfied on a taxes-paid basis or that a person or corporation or other business entity assumes the tax liability, if any, of the dissolving corporation and is responsible for additional corporate taxes, if any, that are assessed and that become due after the date of the assumption of the tax liability. +(4) That a final franchise tax return, as described by Section 23332 of the Revenue and Taxation Code, has been or will be filed with the Franchise Tax Board as required under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code. +(5) That the corporation was created in error. +(6) That the known assets of the corporation remaining after payment of, or adequately providing for, known debts and liabilities have been distributed as required by law or that the corporation acquired no known assets, as the case may be. +(7) That a majority of the directors, or, if no directors have been named in the articles or been elected, the incorporator or a majority of the incorporators authorized the dissolution and elected to dissolve the corporation. +(8) That the corporation has not issued any memberships, and if the corporation has received payments for memberships, those payments have been returned to those making the payments. +(9) That the corporation is dissolved. +(b) A certificate of dissolution signed and verified pursuant to subdivision (a) shall be filed with the Secretary of State. The Secretary of State shall notify the Franchise Tax Board of the dissolution. +(c) Upon filing a certificate of dissolution pursuant to subdivision (b), a corporation shall be dissolved and its powers, rights, and privileges shall cease. +(d) Notwithstanding the dissolution of a nonprofit corporation pursuant to this section, its liability to creditors, if any, is not discharged. The liability of the directors of, or other persons related to, the dissolved corporation is not discharged. The dissolution of a nonprofit corporation pursuant to this section shall not diminish or adversely affect the ability of the Attorney General to enforce liabilities as otherwise provided by law. +SEC. 6. +Section 23156 is added to the Revenue and Taxation Code, to read: +23156. +(a) The Franchise Tax Board shall abate, upon written request by a qualified nonprofit corporation, unpaid qualified taxes, interest, and penalties for the taxable years in which the qualified nonprofit corporation certifies, under penalty of perjury, that it was not doing business, within the meaning of subdivision (a) of Section 23101. +(b) For purposes of this section: +(1) “Qualified nonprofit corporation” means a nonprofit corporation identified in Section 5059, 5060, or 5061 of the Corporations Code or a foreign nonprofit corporation, as defined in Section 5053 of the Corporations Code that has qualified to transact intrastate business in this state and that satisfies any of the following conditions: +(A) Was operating and previously obtained tax-exempt status with the Franchise Tax Board, but had its tax-exempt status revoked under subdivision (c) of Section 23777. +(B) Was operating and previously obtained tax-exempt status with the Internal Revenue Service, but had its tax-exempt status revoked under Section 6033(j) of the Internal Revenue Code. +(C) Was never doing business, within the meaning of subdivision (a) of Section 23101, in this state at any time after the time of its incorporation in this state. +(2) “Qualified taxes, interest, and penalties” means tax imposed under Section 23153 and associated interest and penalties, and any penalties imposed under Section 19141. “Qualified taxes, interest, and penalties” does not include tax imposed under Section 23501 or 23731, or associated interest or penalties. +(c) The qualified corporation must establish that it has ceased all business operations at the time of filing the request for abatement under this section. +(d) (1) The abatement of unpaid qualified tax, interest, and penalties is conditioned on the dissolution of the qualified corporation within 12 months from the date of filing the request for abatement under this section. +(2) If the qualified corporation is not dissolved within 12 months from the date of filing the request for abatement or restarts business operations at any time after requesting abatement under this section, the abatement of qualified tax, interest, and penalties under this section shall be canceled and the qualified taxes, interest, and penalties subject to that abatement shall be treated as if the abatement never occurred. +(e) The Franchise Tax Board shall prescribe any rules and regulations that may be necessary or appropriate to implement this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. +SEC. 7. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Nonprofit Corporation Law, among other things, generally regulates the organization and operation of nonprofit public benefit corporations, nonprofit mutual benefit corporations, and nonprofit religious corporations. +(1) Existing law authorizes the corporate powers, rights, and privileges of a domestic taxpayer to be suspended, and the exercise of the corporate powers, rights, and privileges of a foreign taxpayer in this state to be forfeited, if certain tax liabilities are not paid or a taxpayer fails to file a tax return. Existing law also authorizes the corporate powers, rights, and privileges of a domestic corporation exempt from income tax to be suspended and the exercise of the corporate powers, rights, and privileges of a foreign corporation in this state exempt from income tax to be forfeited if the organization fails to file the annual information return or a specified statement for organizations not required to file the information return or pay a specified amount due. Existing law requires notice prior to the suspension or forfeiture of a taxpayer’s corporate powers, rights, and privileges. Existing law requires the Franchise Tax Board to transmit to the Secretary of State the names of those taxpayers subject to these suspension or forfeiture provisions and thereby makes the suspension or forfeiture effective. Under existing law, the Secretary of State’s certificate is prima facie evidence of the suspension or forfeiture. +This bill would make a nonprofit public benefit corporation, a nonprofit mutual benefit corporation, a nonprofit religious corporation, and a foreign nonprofit corporation, subject to administrative dissolution or administrative surrender, as specified, if the nonprofit corporation’s or foreign corporation’s corporate powers are, and have been, suspended or forfeited by the Franchise Tax Board for a specified period of time. Prior to the administrative dissolution or administrative surrender of the nonprofit corporation or foreign corporation, the bill would require the Franchise Tax Board to provide notice to the corporation of the pending administrative dissolution or administrative surrender. The bill would require the Franchise Tax Board to transmit to the Secretary of State and the Attorney General’s Registry of Charitable Trusts the names and Secretary of State file numbers of the corporations subject to administrative dissolution or administrative surrender. The bill would also require the Secretary of State to provide notice of the pending administrative dissolution or administrative surrender on its Internet Web site, as specified. The bill would authorize a nonprofit corporation or foreign corporation to provide the Franchise Tax Board with a written objection to the administrative dissolution or administrative surrender. If there is no written objection or the written objection fails, the bill would require the corporation to be administratively dissolved or administratively surrendered and would provide that the certificate of the Secretary of State is prima facie evidence of the administrative dissolution or administrative surrender. Upon administrative dissolution or administrative surrender, the bill would abate the nonprofit corporation’s liabilities for qualified taxes, interest, and penalties, as provided. +(2) Existing law, the Nonprofit Corporation Law, authorizes a nonprofit public benefit corporation, nonprofit mutual benefit corporation, and nonprofit religious corporation to elect voluntarily to wind up and dissolve by either approval of a majority of all members or approval of the board and approval of the members. Under existing law, the General Corporation Law, when a corporation has not issued shares, a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators, are authorized to sign and verify a specified certificate of dissolution. Existing law requires the certificate to be filed with the Secretary of State and requires the Secretary of State to notify the Franchise Tax Board of the dissolution. Existing law provides that, upon the filing of the certificate, a corporation is dissolved and its powers, rights, and privileges cease. +This bill would enact provisions similar to those General Corporation Law provisions and make them applicable to nonprofit public benefit corporations, nonprofit mutual benefit corporations, and nonprofit religious corporations. The bill would additionally provide that liability to creditors, if any, is not discharged, the liability of the directors of the dissolved nonprofit corporation is not discharged, and the dissolution of a nonprofit corporation does not diminish or adversely affect the ability of the Attorney General to enforce specified liabilities. +(3) Existing law requires every corporation doing business within the limits of this state and not expressly exempted from taxation to annually pay to the state, for the privilege of exercising its corporate franchises within this state, a tax according to or measured by its net income, as specified. Under existing law, every corporation, except as specified, is subject to the minimum franchise tax until the effective date of dissolution or withdrawal or, if later, the date the corporation ceases to do business within the limits of this state. Upon certification by the Secretary of State that a nonprofit public benefit corporation or a nonprofit mutual benefit corporation has failed to file the required Statement of Information, existing law requires the Franchise Tax Board to assess a specified penalty. +This bill would require the Franchise Tax Board to abate, upon written request by a qualified nonprofit corporation, as defined, unpaid qualified taxes, interest, and penalties, as defined, for the taxable years in which the nonprofit corporation certifies, under penalty of perjury, that it was not doing business, as defined. The bill would make this abatement conditioned on the dissolution of the qualified corporation within a specified period of time of filing the request for abatement. The bill would require the Franchise Tax Board to prescribe rules and regulations to carry out these abatement provisions and would exempt these rules and regulations from the Administrative Procedure Act. +(4) Existing state constitutional law prohibits the Legislature from making any gift, or authorizing the making of any gift, of any public money or thing of value to any individual, municipal, or other corporation. +This bill would make certain legislative findings and declarations that abatement of a nonprofit corporation’s liabilities for specified taxes, penalties, and interest serves a public purpose, as provided. +(5) By expanding the crime of perjury, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Sections 5008.9, 6610.5, 8610.5, and 9680.5 to the Corporations Code, and to add Section 23156 to the Revenue and Taxation Code, relating to nonprofit corporations." +545,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4677 of the Welfare and Institutions Code is amended to read: +4677. +(a) (1) All parental fees collected by or for regional centers shall be remitted to the State Treasury to be deposited in the Developmental Disabilities Program Development Fund, which is hereby created in the State Treasury and hereinafter called the Program Development Fund. The purpose of the Program Development Fund shall be to provide resources needed to initiate new programs, and to expand or convert existing programs. Within the context of, and consistent with, approved priorities for program development in the state plan, program development funds shall promote integrated residential, work, instructional, social, civic, volunteer, and recreational services and supports that increase opportunities for self-determination and maximum independence of persons with developmental disabilities. Notwithstanding any other law or regulation, commencing July 1, 2009, parental fees remitted to the State Treasury shall be deposited in accordance with Section 4784. +(2) In no event shall an allocation from the Program Development Fund be granted for more than 24 months. +(b) (1) The State Council on Developmental Disabilities shall, at least once every five years, request from all regional centers information on the types and amounts of services and supports needed, but currently unavailable. +(2) The state council shall work collaboratively with the department and the Association of Regional Center Agencies to develop standardized forms and protocols that shall be used by all regional centers and the state council in collecting and reporting this information. In addition to identifying services and supports that are needed, but currently unavailable, the forms and protocols shall also solicit input and suggestions on alternative and innovative service delivery models that would address consumer needs. +(3) In addition to the information provided pursuant to paragraph (2), the state council may utilize information from other sources, including, but not limited to, public hearings, quality assurance assessments conducted pursuant to Section 4571, regional center reports on alternative service delivery submitted to the department pursuant to Section 4669.2, and the annual report on self-directed services produced pursuant to Section 4685.7. +(4) The department shall provide additional information, as requested by the state council. +(5) Based on the information provided by the regional centers and other agencies, the state council shall develop an assessment of the need for new, expanded, or converted community services and support, and make that assessment available to the public. The assessment shall include a discussion of the type and amount of services and supports necessary but currently unavailable including the impact on consumers with common characteristics, including, but not limited to, disability, specified geographic regions, age, and ethnicity, face distinct challenges. The assessment shall highlight alternative and innovative service delivery models identified through their assessment process. +(6) This needs assessment shall be conducted at least once every five years and updated annually. The assessment shall be included in the state plan and shall be provided to the department and to the appropriate committees of the Legislature. The assessment and annual updates shall be made available to the public. The State Council on Developmental Disabilities, in consultation with the department, shall make a recommendation to the Department of Finance as to the level of funding for program development to be included in the Governor’s Budget, based upon this needs assessment. +(c) In addition to parental fees and General Fund appropriations, the Program Development Fund may be augmented by federal funds available to the state for program development purposes, when these funds are allotted to the Program Development Fund in the state plan. The Program Development Fund is available, upon appropriation by the Legislature, to the department, and subject to any allocations that may be made in the annual Budget Act. In no event shall any of these funds revert to the General Fund. +(d) The department may allocate funds from the Program Development Fund for any legal purpose, provided that requests for proposals and allocations are approved by the state council in consultation with the department, and are consistent with the priorities for program development in the state plan. Allocations from the Program Development Fund shall take into consideration the following factors: +(1) The future fiscal impact of the allocations on other state supported services and supports for persons with developmental disabilities. +(2) (A) The information on priority services and supports needed, but currently unavailable, submitted by the regional centers. +(B) Consistent with the level of need as determined in the state plan, excess parental fees may be used for purposes other than programs specified in subdivision (a) only when specifically appropriated to the State Department of Developmental Services for those purposes. +(e) Under no circumstances shall the deposit of federal moneys into the Program Development Fund be construed as requiring the State Department of Developmental Services to comply with a definition of “developmental disabilities” and “services for persons with developmental disabilities” other than as specified in subdivisions (a) and (b) of Section 4512 for the purposes of determining eligibility for developmental services or for allocating parental fees and state general funds deposited in the Program Development Fund. +SEC. 2. +Section 4782 of the Welfare and Institutions Code is repealed. +SEC. 3. +Section 4784 of the Welfare and Institutions Code is amended to read: +4784. +(a) The Director of Developmental Services shall establish, annually review, and adjust as needed, a schedule of parental fees for services received through the regional centers. Effective July 1, 2009, this schedule shall be revised to reflect changes in economic conditions that affect parents’ ability to pay the fee, but not to exceed an inflationary factor as determined by the department. +(b) The parental fee schedule established pursuant to this section shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. +(c) In establishing the amount parents shall pay, the director shall take into account all of the following factors: +(1) The current cost of caring for a child at home, as determined by the most recent data available from the United States Department of Agriculture’s survey on the cost of raising a child in California, adjusted for the Consumer Price Index (CPI) from the survey date to the date of payment adjustment. +(2) Medical expenses incurred prior to regional center care. +(3) Whether the child is living at home. +(4) Parental payments for medical expenses, clothing, incidentals, and other items considered necessary for the normal rearing of a child. +(5) Transportation expenses incurred in visiting a child. +(d) The parental fee schedule shall exempt families with an income below the federal poverty level from assessment and payment of the parental fee. +(e) (1) The adjusted fee shall be assessed in full for children when the out-of-home placement commences on or after July 1, 2009. +(2) For children placed out-of-home prior to July 1, 2009, the department shall determine the increase in the parental fee above the amount assessed using the fee schedule in effect on June 30, 2009. This fee increase shall be implemented over three years, with one-third of the increase added to the fee on July 1, 2009, one-third of the increase added to the fee on July 1, 2010, and the final third added to the fee on July 1, 2011. +(f) Notwithstanding any other law, commencing July 1, 2009, all fees collected shall be remitted to the State Treasury to be deposited as follows: +(1) Fees collected up to the amount that would be assessed using the fee schedule in effect on June 30, 2009, shall be deposited into the Program Development Fund established in Chapter 6 (commencing with Section 4670) to provide resources needed to initiate new programs, consistent with approved priorities for program development in the state plan. +(2) Fees collected using the July 1, 2009, schedule that are greater than the amount that would have been assessed using the fee schedule in effect on June 30, 2009, shall be deposited into the Program Development Fund and shall be available for expenditure by the department to offset General Fund costs. +(g) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 4. +Section 4784 is added to the Welfare and Institutions Code, to read: +4784. +(a) The department shall assess a monthly fee to parents of children under 18 years of age who are receiving 24-hour out-of-home care services through a regional center or as a resident of a state hospital when the family’s gross income is above 200 percent of the federal poverty level. +(b) The monthly parental fees and credits established pursuant to this section shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. +(c) A monthly parental fee described in this section shall be assessed beginning 60 days from the date of the child’s placement in 24-hour out-of-home care. +(d) For the purpose of assessing the fee, parents shall provide income documentation to the department within 30 days of the date the department requested the documentation. Income documentation shall include a copy of a parent’s most recent federal tax return or a copy of each parent’s most recent paystub or employer-provided earnings statement, issued within 60 days of the date the department requested the documentation. A self-employed parent shall document his or her income by providing a copy of his or her most recent federal tax return. A parent without income documentation shall report and certify his or her income on a form provided by the department. +(e) (1) The monthly parental fee for parents who timely submit income documentation or from whom the department does not request income documentation shall be as follows: +(A) Parents who have a family income of 201 percent to 300 percent, inclusive, of the current federal poverty level shall be assessed a monthly fee of 3 percent of their annual gross income, divided by 12. +(B) Parents who have a family income of 301 percent to 400 percent, inclusive, of the current federal poverty level shall be assessed a monthly fee of 4 percent of their annual gross income, divided by 12. +(C) Parents who have a family income of 401 percent to 500 percent, inclusive, of the current federal poverty level shall be assessed a monthly fee of 5 percent of their annual gross income, divided by 12. +(D) Parents who have a family income of 501 percent or more of the current federal poverty level shall be assessed a monthly fee of 6 percent of their annual gross income, divided by 12. +(2) The monthly parental fee for parents who fail to provide income documentation to the department within 30 days of the date the department requested the documentation shall be equivalent to the maximum monthly cost of caring for a child, as determined by the most recent data available from the United States Department of Agriculture’s survey on the cost of raising a child in the west region. However, if parents whose monthly parental fee is calculated pursuant to this paragraph later provide the required income documentation, their monthly parental fee shall be recalculated pursuant to paragraph (1) and retroactively adjusted based on the income information provided. +(3) A monthly parental fee assessed pursuant to this section shall not exceed the maximum monthly cost of caring for a child, as determined by the most recent data available from the United States Department of Agriculture’s survey on the cost of raising a child in the west region, or the cost of the services provided, whichever is less. +(4) A monthly parental fee assessed pursuant to this section shall be recalculated every 12 months, on the date of the original fee assessment, and within 60 days of the date a parent notifies the department of a change in family income or family size and provides updated income documentation, as described in subdivision (d). +(5) Parents of children placed in 24-hour out-of-home care prior to July 1, 2016, shall have their initial monthly parental fee calculated, pursuant to the provisions of this section, at the time of their annual fee recalculation, or within 60 days of a parental request for review by the department and receipt of the family’s completed family financial statement. +(6) The department may grant a temporary waiver from paying the monthly parental fee for parents who substantiate, with receipts, an unavoidable and uninsured catastrophic loss with direct economic impact on the family or significant unreimbursed medical costs associated with care for a child who is a regional center consumer. +(f) Parents who remove their child from 24-hour out-of-home care for a home visit for six or more consecutive hours during a 24-hour period shall be entitled to a credit equal to one day of the monthly parental fee. A credit shall be calculated by multiplying the parents’ monthly parental fee by 12 and dividing that number by the number of days in the year. In order to receive a credit pursuant to this subdivision, parents shall submit a request to the department that is postmarked no later than 60 days after the day for which the credit was earned. Failure to comply with this requirement will result in a denial of the credit by the department. +(g) All fees collected shall be remitted to the State Treasury to be deposited into the Program Development Fund established in Chapter 6 (commencing with Section 4670) to provide resources needed to initiate new programs, consistent with approved priorities for the program development in the state plan, or to be used by the department to offset General Fund costs. +(h) Parents may appeal a determination of the amount of a monthly parental fee or the denial or amount of a credit requested pursuant to subdivision (f) by submitting a written appeal request to the director within 30 days of the date of the monthly parental fee confirmation letter or credit confirmation or denial letter. An appeal pursuant to this subdivision may consider only disputes concerning the family income used to set the monthly parental fee and the denial or amount of credit. The director, or his or her designee shall, within 30 days after receipt of the appeal, review the assessed monthly parental fee or credit denial or amount for accuracy and provide written notice of the decision to the appellant. The director or his or her designee shall, when deciding an appeal of a monthly parental fee, consider the income documentation and the calculation of the monthly parental fee described in subdivision (e). All decisions regarding monthly parental fee appeals shall be retroactive to the date the appealed monthly parental fee was assessed. +(i) This section shall become operative on July 1, 2016.","Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is required to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the Director of Developmental Services to establish, annually review, and adjust as needed, a schedule of parental fees to be paid by parents of children under 18 years of age who are receiving 24-hour out-of-home care services through a regional center or who are residents of a state hospital or on leave from the state hospital. +Existing law provides that all parental fees collected by or for regional centers are remitted to the State Treasury to be deposited in the Program Development Fund, a continuously appropriated fund. +This bill would, effective July 1, 2016, revise and recast those provisions by, among other things, calculating monthly parental fees based on a percentage of the parents’ annual income and authorizing a credit of the equivalent of one day of the monthly parental fee for each day a child spends 6 or more consecutive hours in a 24-hour period on a home visit. The bill would prohibit a monthly parental fee from exceeding the maximum monthly cost of caring for a child or the cost of services provided, whichever is less. The bill would require, for parents of children placed in 24-hour out-of-home care prior to July 1, 2016, the monthly parental fee to be calculated at the time of the parents’ annual fee recalculation, or within 60 days of a parental request for review by the department and receipt of the family’s completed family financial statement. The bill would provide that the Program Development Fund is available upon appropriation by the Legislature and make other related and conforming changes.","An act to amend Section 4677, to amend, repeal, and add Section 4784 of, and to repeal Section 4782 of, the Welfare and Institutions Code, relating to developmental services." +546,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10203.4 of the Insurance Code is amended to read: +10203.4. +(a) Insurance under a group life insurance policy issued pursuant to Sections 10202, 10202.8, 10203, 10203.1, and 10203.7 may be extended to insure the dependents, or any class or classes thereof, of each insured employee who so elects, in amounts in accordance with some plan that precludes individual selection and that shall not be in excess of 100 percent of the insurance on the life of the insured employee. For dependent children over the age of majority, the group policyholder may elect coverage at age variations up to the limiting age. +(b) “Dependent” includes the member’s spouse or a minor child, as well as a child older than the age of majority up to a maximum of 26 years of age, or any child over the age of majority who is both incapable of self-sustaining employment by reason of an intellectual disability or physical handicap and chiefly dependent upon the employee for support and maintenance if proof of the incapacity and dependency is furnished to the insurer by the employee within 31 days of the child’s attainment of the limiting age and subsequently as may be required by the insurer, but not more frequently than annually after the two-year period following the child’s attainment of the limiting age. +(c) The premiums for the insurance on the dependents may be paid by the employer, the employee, or the employer and the employee jointly. +SEC. 2. +Section 10271.1 of the Insurance Code is amended to read: +10271.1. +(a) (1) Supplemental benefits that operate to safeguard life insurance contracts against lapse are defined as a waiver of premium benefit or a waiver of monthly deduction benefit, as applicable, in which the insurer waives the premium or monthly deduction for a life insurance contract when the insured becomes totally disabled, as defined by the supplemental benefit, and where the waiver continues until the end of the insured’s disability, or for the period specified by the supplemental benefit, consistent with paragraph (5). +(2) For purposes of this subdivision, total disability shall not be less favorable to the insured than the following: +(A) During the first 24 months of total disability, the insured is unable to perform with reasonable continuity the substantial and material duties of his or her job due to sickness or bodily injury. +(B) After the first 24 months of total disability, the insured, due to sickness or bodily injury, is unable to engage with reasonable continuity in any other job in which he or she could reasonably be expected to perform satisfactorily in light of his or her age, education, training, experience, station in life, or physical and mental capacity. +(3) The definition of total disability may also include presumptive total disability, such as the insured’s total and permanent loss of sight of both eyes, hearing of both ears, speech, the use of both hands, both feet, or one hand and one foot. +(4) The insurer may require total disability to continue for an uninterrupted period of time specified by the supplemental benefit, or the insurer may allow separate periods of disability to be combined. +(5) The waiver of premium or monthly deduction benefit shall continue for the period specified by the supplemental benefit, but shall not be less favorable to the insured than the following: +(A) If the insured’s total disability begins before the insured attains 60 years of age, the insurer shall waive all premiums or monthly deductions due for the period that the insured continues to be totally disabled, except as follows: +(i) For group life insurance policies, if the insured’s total disability begins before the insured attains 60 years of age, the insurer shall waive all premiums or monthly deductions due for the period of total disability up to 65 years of age. Nothing in this subdivision shall preclude the insurer from extending a supplemental benefit for longer periods. +(ii) When a renewal is offered for a group life insurance policy that was issued prior to January 1, 2017, and contains a supplemental benefit described in this subparagraph, the insurer shall offer to renew the policy with a continuation of the in-force supplemental benefit, and may concurrently offer the group policyholder the option to change the supplemental benefit as described in clause (i). +(B) If the insured’s total disability begins after the age specified in subparagraph (A), the insurer shall waive all premiums or monthly deductions due for the period that the insured continues to be totally disabled up to 65 years of age, except as follows: +(i) For group life insurance policies, if the insured’s total disability begins on or after the date the insured attains 60 years of age, the insurer is not required to waive premiums or monthly deductions. Nothing in this subdivision shall preclude the insurer from extending a supplemental benefit for longer periods. +(ii) When a renewal is offered for a group life insurance policy that was issued prior to January 1, 2017, and contains a supplemental benefit described in this subparagraph, the insurer shall offer to renew the policy with a continuation of the in-force supplemental benefit, and may concurrently offer the group policyholder the option to change the supplemental benefit as described in clause (i). +(6) In addition to the permissible exclusions listed in subdivision (g) of Section 10271, the insurer may exclude a total disability occurring after the policy anniversary or supplemental contract anniversary, as applicable and as defined by the supplemental benefit, on which the insured attains a specified age of no less than 65 years. +(b) “Special surrender benefit” is defined as a “waiver of surrender charge benefit” wherein the insurer waives the surrender charge usually charged for a withdrawal of funds from the cash value of a life insurance contract or the account value of an annuity contract if the owner, insured, or annuitant, as applicable, meets any of the following criteria: +(1) Develops any medical condition where the owner’s, insured’s, or annuitant’s life expectancy is expected to be less than or equal to a limited period of time that shall not be restricted to a period of less than 12 months or greater than 24 months. +(2) Is receiving, as prescribed by a physician, registered nurse, or licensed social worker, home care or community-based services, as defined in subdivision (a) of Section 10232.9, or is confined in a skilled nursing facility, convalescent nursing home, or extended care facility, which shall not be defined more restrictively than as in the Medicare program, or is confined in a residential care facility or residential care facility for the elderly, as defined in the Health and Safety Code. Out-of-state providers of services shall be defined as comparable in licensure and staffing requirements to California providers. +(3) Has any medical condition that would, in the absence of treatment, result in death within a limited period of time, as defined by the supplemental benefit, but that shall not be restricted to a period of less than six months. +(4) Is totally disabled, as follows: +(A) During the first 24 months of total disability, the owner, insured, or annuitant, as applicable, is unable to perform with reasonable continuity the substantial and material duties of his or her job due to sickness or bodily injury. +(B) After the first 24 months of total disability, the owner, insured, or annuitant, as applicable, due to sickness or bodily injury, is unable to engage with reasonable continuity in any other job in which he or she could reasonably be expected to perform satisfactorily in light of his or her age, education, training, experience, station in life, or physical and mental capacity. +(C) The definition of total disability may also include presumptive total disability, such as the insured’s total and permanent loss of sight of both eyes, hearing of both ears, speech, the use of both hands, both feet, or one hand and one foot. +(D) The insurer may require the total disability to continue for an uninterrupted period of time specified by the supplemental benefit, or the insurer may allow separate periods of disability to be combined. +(5) Has a chronic illness as defined pursuant to either subparagraph (A) or (B): +(A) Either of the following: +(i) Impairment in performing two out of seven activities of daily living, as set forth in subdivisions (a) and (g) of Section 10232.8, meaning the insured needs human assistance, or needs continual substantial supervision. +(ii) The insured has an impairment of cognitive ability, meaning a deterioration or loss of intellectual capacity due to mental illness or disease, including Alzheimer’s disease or related illnesses, that requires continual supervision to protect oneself or others. +(B) Either of the following: +(i) Impairment in performing two out of six activities of daily living as described in subdivisions (b), (d), (e), and (f) of Section 10232.8 due to a loss of functional capacity to perform the activity. +(ii) Impairment of cognitive ability, meaning the insured needs substantial supervision due to severe cognitive impairment, as described in subdivisions (b), (d), and (e) of Section 10232.8. +(6) Has become involuntarily or voluntarily unemployed. +(c) The term “supplemental benefit” means a rider to or provision in a life insurance policy, certificate, or annuity contract that provides a benefit as set forth in subdivision (a) of Section 10271.","Existing law provides for the regulation of specified insurance products, including group life insurance, by the Insurance Commissioner. Existing law provides that insurance under a group life insurance policy may be extended to insure the dependents of each insured employee under the group policy, as specified. Existing law defines a dependent for these purposes as including the employee’s spouse and all children from birth until 26 years of age, or a child 26 years of age or older who is both incapable of self-sustaining employment by reason of intellectual disability or physical handicap and chiefly dependent upon the employee for support and maintenance, as specified. +This bill would clarify that for dependent children over the age of majority the group policyholder would be authorized to elect coverage at age variations up to the limiting age. +Existing law defines a waiver of premium benefit or a waiver of monthly deduction benefit under a life insurance contract as a supplemental benefit that operates to safeguard a life insurance contract against lapse when the insured becomes totally disabled, as defined by the supplemental benefit, and continues until the end of the insured’s disability or the period specified by the supplemental benefit, consistent with specified restrictions. Existing law requires, if the insured’s total disability begins before the insured attains 60 years of age, the insurer to waive all premiums or monthly deductions due for the period that the insured continues to be totally disabled. Existing law requires, if the insured’s total disability begins when the insured is 60 years of age or older, the insurer to waive all premiums or monthly deductions due for the period that the insured continues to be totally disabled up to 65 years of age. +This bill would require an insurer, for an insured who becomes totally disabled before attaining 60 years of age and is covered by a group life insurance policy that includes a supplemental benefit, to waive all premiums or monthly deductions due for the period of total disability up to the time the insured attains 65 years of age. The bill would also permit an insurer to collect premiums or monthly deductions from an insured who becomes totally disabled on or after 60 years of age and is covered by a group life insurance policy that includes a supplemental benefit. The bill would require an insurer offering a renewal for a group life insurance policy issued prior to January 1, 2017, that contains a supplemental benefit to offer the employer a continuation of the in-force supplemental benefit, and would authorize the insurer to concurrently offer the group policyholder the option to change the supplemental benefit to either waive or collect premiums or monthly deductions as described above.","An act to amend Sections 10203.4 and 10271.1 of the Insurance Code, relating to insurance." +547,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17406 of the Education Code, as amended by Section 1 of Chapter 408 of the Statutes of 2014, is amended to read: +17406. +(a) (1) Notwithstanding Section 17417, the governing board of a school district, without advertising for bids, may let, for a minimum rental of one dollar ($1) a year, to a person, firm, or corporation real property that belongs to the school district if the instrument by which this property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district. +(2) For a public project, as defined in subdivision (c) of Section 22002 of the Public Contract Code, regardless of its funding source, an instrument created pursuant to paragraph (1) shall also require that a person, firm, or corporation that constructs the building, including, but not limited to, the prime contractor and, if used, electrical, mechanical, and plumbing subcontractor, shall be subject to the same prequalification requirements for prospective bidders described in subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code, including the requirement for the completion and submission of a standardized prequalification questionnaire and financial statement that is verified under oath and is not a public record. +(b) A rental of property that complies with subdivision (a) as it reads on the day that the lease is entered into shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution. +(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. +SEC. 2. +Section 17407 of the Education Code, as amended by Section 3 of Chapter 408 of the Statutes of 2014, is amended to read: +17407. +(a) The governing board of a school district may enter into an agreement with a person, firm, or corporation under which that person, firm, or corporation shall construct, or provide for the construction of, a building to be used by the school district upon a designated site and lease the building and site to the school district. The instrument shall provide that the title to the building and site shall vest in the school district at the expiration of the lease, and may provide the means or method by which the title to the building and site shall vest in the school district before the expiration of the lease, and shall contain other terms and conditions as the governing board of the school district deems to be in the best interest of the school district. +(b) The agreement entered into shall be with the lowest responsible bidder who shall give the security that a governing board of a school district requires. The governing board of a school district may reject all bids. For the purpose of securing bids the governing board of a school district shall publish at least once a week for two weeks in a newspaper of general circulation published in the school district, or if there is no newspaper, then in a newspaper of general circulation circulated in the county, a notice calling for bids, stating the proposed terms of the agreement and the time and place where bids will be opened. +(c) For a public project, as defined in subdivision (c) of Section 22002 of the Public Contract Code, regardless of its funding source, an agreement entered into pursuant to subdivision (a) shall also require that a person, firm, or corporation that constructs the building, including, but not limited to, the prime contractor and, if used, electrical, mechanical, and plumbing subcontractor, under this section shall be subject to the same prequalification requirements for prospective bidders described in subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code, including the requirement for the completion and submission of a standardized prequalification questionnaire and financial statement that is verified under oath and is not a public record. +(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. +SEC. 3. +Section 17407.5 is added to the Education Code, to read: +17407.5. +(a) The governing board of a school district shall not enter into an agreement pursuant to Section 17406 or 17407 with any entity unless the entity provides to the governing board of the school district an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades. +(b) For purposes of this section: +(1) “Apprenticeable occupation” means an occupation for which the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations had approved an apprenticeship program pursuant to Section 3075 of the Labor Code before January 1, 2014. +(2) “Chief” means the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations. +(3) “Skilled and trained workforce” means a workforce that meets all of the following conditions: +(A) All the workers are either skilled journeypersons or apprentices registered in an apprenticeship program approved by the chief. +(B) (i) As of January 1, 2016, at least 30 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. +(ii) As of January 1, 2017, at least 40 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. +(iii) As of January 1, 2018, at least 50 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. +(iv) As of January 1, 2019, at least 60 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. +(C) For an apprenticeable occupation in which no apprenticeship program had been approved by the chief before January 1, 1995, up to one-half of the graduation percentage requirements of subparagraph (B) may be satisfied by skilled journeypersons who commenced working in the apprenticeable occupation before the chief’s approval of an apprenticeship program for that occupation in the county in which the project is located. +(4) “Skilled journeyperson” means a worker who either: +(A) Graduated from an apprenticeship program for the applicable occupation that was approved by the chief or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. +(B) Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief. +(c) An entity’s commitment that a skilled and trained workforce will be used to perform the project or contract may be established by any of the following: +(1) (A) The entity’s agreement with the governing board of the school district that the entity and its subcontractors at every tier will comply with the requirements of this section and that the entity will provide to the governing board of the school district, on a monthly basis while the project or contract is being performed, a report demonstrating that the entity and its subcontractors are complying with the requirements of this section. +(B) If the entity fails to provide to the governing board of the school district the monthly report pursuant to subparagraph (A), the governing board of the school district shall immediately cease making payments to the entity pursuant to the instrument or agreement described in Section 17406 or 17407. +(C) The monthly report provided to the governing board of the school district pursuant to this paragraph shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), and shall be open to public inspection. +(2) If the governing board of a school district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract and that includes the requirements of this section, the entity’s agreement that it will become a party to that project labor agreement. +(3) Evidence that the entity has entered into a project labor agreement that includes the requirements of this section and that will bind the entity and all its subcontractors at every tier performing the project or contract. +SEC. 4. +Section 20111.6 of the Public Contract Code is amended to read: +20111.6. +(a) This section shall apply only to public projects, as defined in subdivision (c) of Section 22002, for which the governing board of the district uses funds received pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code) or any funds received, including funds reimbursed, from any future state school bond for a public project that involves a projected expenditure of one million dollars ($1,000,000) or more. +(b) If the governing board of the school district enters into a contract meeting the criteria of subdivision (a), then the governing board of the school district shall require that prospective bidders for a construction contract complete and submit to the governing board of the school district a standardized prequalification questionnaire and financial statement. The questionnaire and financial statement shall be verified under oath by the bidder in the manner in which civil pleadings in civil actions are verified. The questionnaires and financial statements shall not be public records and shall not be open to public inspection. +(c) The governing board of the school district shall adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements. This system shall also apply to a person, firm, or corporation that constructs a building described in Section 17406 or 17407 of the Education Code. +(d) The questionnaire and financial statement described in subdivision (b), and the uniform system of rating bidders described in subdivision (c), shall cover, at a minimum, the issues covered by the standardized questionnaire and model guidelines for rating bidders developed by the Department of Industrial Relations pursuant to subdivision (a) of Section 20101. +(e) Each prospective bidder shall be furnished by the school district letting the contract with a standardized proposal form that, when completed and executed, shall be submitted as his or her bid. Bids not presented on the forms so furnished shall be disregarded. +(f) A proposal form required pursuant to subdivision (e) shall not be accepted from any person or other entity that is required to submit a completed questionnaire and financial statement for prequalification pursuant to subdivision (b) or from any person or other entity that uses a subcontractor that is required to submit a completed questionnaire and financial statement for prequalification pursuant to subdivision (b), but has not done so at least 10 business days before the date fixed for the public opening of sealed bids or has not been prequalified for at least five business days before that date. The school district may require the completed questionnaire and financial statement for prequalification to be submitted more than 10 business days before the fixed date for the public opening of sealed bids. The school district may also require the prequalification more than five business days before the fixed date. +(g) (1) The governing board of the school district may establish a process for prequalifying prospective bidders pursuant to this section on a quarterly or annual basis and a prequalification pursuant to this process shall be valid for one calendar year following the date of initial prequalification. +(2) The governing board of the school district shall establish a process to prequalify a person, firm, or corporation, including, but not limited to, the prime contractor and, if used, an electrical, mechanical, and plumbing subcontractor, to construct a building described in Section 17406 or 17407 of the Education Code on a quarterly or annual basis. A prequalification pursuant to this process shall be valid for one calendar year following the date of initial prequalification. +(h) This section shall not preclude the governing board of the school district from prequalifying or disqualifying a subcontractor of any specialty classification described in Section 7058 of the Business and Professions Code. +(i) For purposes of this section, bidders shall include both of the following: +(1) A prime contractor, as defined in Section 4113, that is either of the following: +(A) A general engineering contractor described in Section 7056 of the Business and Professions Code. +(B) A general building contractor described in Section 7057 of the Business and Professions Code. +(2) If utilized, each electrical, mechanical, and plumbing contractor, whether as a prime contractor or as a subcontractor, as defined in Section 4113. +(j) If a public project covered by this section includes electrical, mechanical, or plumbing components that will be performed by electrical, mechanical, or plumbing contractors, a list of prequalified general contractors and electrical, mechanical, and plumbing subcontractors shall be made available by the school district to all bidders at least five business days before the dates fixed for the public opening of sealed bids. The school district may require the list to be made available more than five business days before the fixed dates for the public opening of sealed bids. +(k) For purposes of this section, electrical, mechanical, and plumbing subcontractors are contractors licensed pursuant to Section 7058 of the Business and Professions Code, specifically contractors holding C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C-43, and C-46 licenses, pursuant to regulations of the Contractors’ State License Board. +(l) This section shall not apply to a school district with an average daily attendance of less than 2,500. +(m) (1) This section shall apply only to contracts awarded on or after January 1, 2014. +(2) The amendments made to this section by the act adding this paragraph shall apply only to contracts awarded on or after January 1, 2015. +(n) (1) On or before January 1, 2018, the Director of Industrial Relations shall (A) submit a report to the Legislature evaluating whether, during the years this section has applied to contracts, violations of the Labor Code on school district projects have decreased as compared to the same number of years immediately preceding the enactment of this section, and (B) recommend improvements to the system for prequalifying contractors and subcontractors on school district projects. +(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. +(o) This section shall become inoperative on January 1, 2019, and, as of July 1, 2019, is repealed.","Existing law authorizes the governing board of a school district, without advertising for bids, to lease real property for a minimum rental of $1 per year if the instrument by which this property is leased requires the lessee to construct, or provide for the construction of, a building to be used by the school district and provides that the title to the building shall vest in the school district at the end of the lease. Existing law, until January 1, 2019, also requires the instrument, if funds for the instrument derive from the Leroy F. Greene School Facilities Act of 1998 or from any future state school bond for a public project that involves a projected expenditure of $1,000,000 or more, to provide that the person, firm, or corporation that constructs the building shall comply with specified prequalification requirements. +Existing law also authorizes the governing board of a school district to enter into an agreement with the lowest responsible bidder to construct, or provide for the construction of, a building to be leased and used by the school district upon a designated site if the instrument provides that the title to the building and site shall vest in the school district at the end of the lease. Existing law, until January 1, 2019, requires the agreement, if funds for the agreement derive from the Leroy F. Greene School Facilities Act of 1998 or from any future state school bond for a public project that involves a projected expenditure of $1,000,000 or more, to provide that the person, firm, or corporation that constructs the building shall comply with specified prequalification requirements. +This bill would, until January 1, 2019, require the instrument and agreement to provide that the person, firm, or corporation that constructs the building to comply with specified prequalification requirements in this context regardless of the funding source for the public project. The bill would require that certain conditions relating to the use of a skilled and trained workforce on the project or contract be satisfied before the governing board of a school district may enter into a contract with any entity for the construction, or for providing for the construction of, a building to be leased or used by the school district. +Existing law requires, until January 1, 2019, the governing board of a school district that enters into a contract for a public project, as defined, for which the board uses moneys received pursuant to the Leroy F. Greene School Facilities Act of 1998 or moneys from future state school bonds for a public project that involves a projected expenditure of $1,000,000 or more, to require prospective bidders for a construction contract to complete and submit a standardized prequalification questionnaire and financial statement, as provided. +This bill would impose these requirements on a public project if funding for the project includes reimbursement from any future state school bond.","An act to amend Sections 17406 and 17407 of, and to add Section 17407.5 to, the Education Code, and to amend Section 20111.6 of the Public Contract Code, relating to school facilities." +548,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature that unencumbered restitution funds awarded to the state from a lawsuit involving Corinthian Colleges, Inc., and its affiliate institutions, including Heald College, shall be used to repay any funds provided to students pursuant to this act. +SEC. 2. +Section 69433.61 is added to the Education Code, to read: +69433.61. +(a) Notwithstanding any other law, a student who was enrolled and received a Cal Grant award in the 2013–14 or 2014–15 academic year at a California campus of Heald College, and was unable to complete an educational program offered by the campus due to the campus’ closure on April 27, 2015, shall not have the award years used at a Heald College campus considered for purposes of the limitation on the number of years of Cal Grant award eligibility. This restoration of award years for Cal Grant eligibility shall not exceed two years. +(b) A student shall be eligible for the restoration of award years if the student was enrolled at a campus of Heald College on April 27, 2015, or withdrew from enrollment between July 1, 2014, and April 27, 2015. The Bureau for Private Postsecondary Education shall provide the commission with information, if available, to confirm student enrollment for purposes of this section. +(c) An eligible student shall, before January 1, 2017, notify the commission of his or her intent to use the restoration of award years provided under this section and to enroll in an institution eligible for initial and renewal Cal Grant awards to be eligible for that restoration. +SEC. 3. +Section 69999.19 is added to the Education Code, to read: +69999.19. +(a) Notwithstanding any other law, a student who was enrolled and received a California National Guard Education Assistance Award in the 2013–14 or 2014–15 academic year at a California campus of Heald College, and was unable to complete an educational program offered by the campus due to the campus’ closure on April 27, 2015, shall not have the award years used at a Heald College campus considered for purposes of the limitation on the number of years of California National Guard Education Assistance Award eligibility. This restoration of award years for California National Guard Education Assistance Award eligibility shall not exceed two years. +(b) A student shall be eligible for the restoration of award years if the student was enrolled at a campus of Heald College on April 27, 2015, or withdrew from enrollment between July 1, 2014, and April 27, 2015. The Bureau for Private Postsecondary Education shall provide the commission with information, if available, to confirm student enrollment for purposes of this section. +(c) An eligible student shall, before January 1, 2017, notify the commission of his or her intent to use the restoration of award years provided under this section and to enroll in an institution eligible for initial and renewal California National Guard Education Assistance Awards to be eligible for that restoration. +SEC. 4. +Section 94051 is added to the Education Code, to read: +94051. +Notwithstanding any provision of law, for a period not to exceed two years from the date of the closure of Corinthian Colleges, Inc., a state agency that provides certification, registration, or licensure necessary to promote the safety and protection of the public may, on a case-by-case basis, consider for certification, registration, or licensure students who were enrolled in a program of Corinthian Colleges, Inc., that provided education or training aimed towards these students receiving certification, registration, or licensure from the state agency, and who did not receive that certification, registration, or licensure due to the closure of Corinthian Colleges, Inc. This consideration shall be provided at the discretion of the state agency in accordance with its public protection mandate and applicable criteria established by the agency for consumer safety. +SEC. 5. +Section 94925 of the Education Code is amended to read: +94925. +(a) The amount in the Student Tuition Recovery Fund shall not exceed thirty million dollars ($30,000,000) at any time. +(b) If the bureau has temporarily stopped collecting the Student Tuition Recovery Fund assessments because the fund has approached the thirty million dollar (30,000,000) limit in subdivision (a), the bureau shall resume collecting Student Tuition Recovery Fund assessments when the fund falls below twenty million dollars ($20,000,000). +(c) An otherwise eligible student who enrolled during a period when institutions were not required to collect Student Tuition Recovery Fund assessments is eligible for Student Tuition Recovery Fund payments despite not having paid any Student Tuition Recovery Fund assessment. +SEC. 6. +Section 94926.5 is added to the Education Code, to read: +94926.5. +(a) The Legislature finds and declares all of the following: +(1) Corinthian Colleges, Inc., has been the target of consumer and taxpayer protection enforcement efforts by the federal government, the Attorney General, and other state and federal authorities. +(2) Based on findings of harm to students enrolled at Corinthian Colleges, Inc., campuses, the United States Department of Education has announced debt relief programs to assist students, including all of the following: +(A) A student who attended a Corinthian Colleges, Inc., campus that closed on April 27, 2015, and withdrew any time after June 20, 2014, is eligible to apply for a closed school loan discharge, so long as the student does not transfer earned credit and subsequently complete a comparable program at another institution. +(B) A student who believes he or she was a victim of fraud or other violations of state law by Corinthian Colleges, Inc., can apply for debt relief under borrower defense to repayment. The United States Department of Education has determined that Corinthian Colleges, Inc., misrepresented job placement rates for a majority of programs at its Heald College campuses between 2010 and 2014 and is in the process of establishing a specific process for federal loan discharge for these Heald students. +(C) A Corinthian student who intends to submit a borrower defense claim may request loan forbearance while a claims review process is established and his or her claim is reviewed. +(3) Pursuant to Section 94923, the Student Tuition Recovery Fund exists to relieve or mitigate a student’s economic loss caused by a documented violation of certain laws or by institutional closure, as specified. +(4) On October 10, 2013, the Attorney General filed a lawsuit against Corinthian Colleges, Inc., for false and predatory advertising, intentional misrepresentations to students, securities fraud, and unlawful use of military seals in advertisements, in violation of the 2007 final judgment of the Los Angeles Superior Court in the People of the State of California v. Corinthian Schools, Inc. +(5) On April 16, 2015, the bureau issued an emergency decision ordering Corinthian Colleges, Inc., to cease enrollment of any new students in all programs at Everest College and WyoTech locations in California effective upon close of business April 23, 2015. +(6) It is consistent with the purpose of the Student Tuition Recovery Fund to provide assistance to Corinthian Colleges, Inc., students to obtain federal and private loan discharge and other financial aid relief. +(b) Upon appropriation by the Legislature, in response to the student harm caused by the practices and unlawful closure of Corinthian Colleges, Inc., grant funds shall be timely provided in accordance with this section to eligible nonprofit community service organizations, to assist the eligible students of that closed institution, including veterans, by relieving or mitigating the economic and educational opportunity loss incurred by eligible students of that institution. +(c) Services provided by eligible nonprofit community services organizations shall include assistance with loan discharge and other student financial aid, veterans education benefits, loan-related relief, and tuition recovery-related claims. Assistance may include, but is not limited to, outreach and education, screening requests for assistance, referring students for additional legal assistance through pro bono referral programs, and legal services. +(d) The terms and conditions of the grant agreements shall ensure that grant funds are used for the exclusive purpose of assisting eligible students with federal and private loan discharge and other financial aid relief, and that students eligible to claim recovery through the Student Tuition Recovery Fund are referred to the bureau for assistance with claim processing. +(e) For purposes of this section, an “eligible nonprofit community service organization” is an organization that satisfies all of the following conditions: +(1) The organization is a 501(c)(3) tax-exempt organization in good standing with the Internal Revenue Service and in compliance with all applicable laws and requirements. +(2) The organization demonstrates expertise in assisting students with, and currently provides free direct legal services to students for, or will work in partnership with or under the supervision of an attorney or a nonprofit legal services organization that has demonstrated expertise in assisting students with, student loan and tuition recovery-related matters. +(3) The organization does not charge students for services, including services provided pursuant to this section. +(f) For purposes of this section, an “eligible student” is a student who was enrolled at a California campus of, or a California student who was enrolled in an online campus of, a Corinthian Colleges, Inc., institution, and who is eligible to apply for debt relief from the United States Department of Education or other student financial aid relief. +(g) (1) The bureau shall notify the Attorney General of all unlawful Corinthian Colleges, Inc., closures within 15 days of the effective date of this section. +(2) The notification shall include the name and location of the school, the programs, and the number of students affected at each site of the school, as appropriate. The bureau shall provide the Attorney General with all additional information that the Attorney General may request, provided that the bureau has access to the requested information. +(3) The Attorney General shall, within 90 days of receipt of the notification, solicit grant applications from eligible nonprofit community service organizations as described in subdivision (e), select one or more of these organizations from among the applicants who are deemed to be qualified by the Attorney General, set additional terms and conditions of the grants as necessary, and notify the bureau and the recipient organization or organizations of the selection and the share of grant funds available that the organization shall receive. The Attorney General may enter into a contract with another qualified entity to perform the Attorney General’s duties under this subdivision. +(h) An eligible nonprofit community service organization that receives funds pursuant to this section shall enter into a grant agreement with the Attorney General, or a qualified entity entrusted with this authority pursuant to paragraph (3) of subdivision (g), as applicable, and shall use grant funds exclusively for the purposes set forth in this section in accordance with the agreement. Any unused funds shall be returned to the Attorney General, for return to the Student Tuition Recovery Fund. The Attorney General, or a contracted qualified entity, may terminate the grant agreement for material breach, and may require repayment of funds provided to the nonprofit community service organization during the time that the agreement was being materially breached. However, the Attorney General, or a qualified entity, shall provide the grantee with written notice of the breach and a reasonable opportunity of not less than 30 days to resolve the breach. +(i) An eligible nonprofit community service organization that receives a grant may give priority to low-income students if demand exceeds available grant funds. Otherwise, the organization may provide assistance regardless of student income level. +(j) (1) An eligible nonprofit community service organization that receives a grant shall report to the Attorney General, or a qualified entity pursuant to paragraph (3) of subdivision (g), as applicable, quarterly through the grant period on all of the following: +(A) The number of eligible students served pursuant to the grant agreement. +(B) A detailed summary of services provided to those students. +(C) The number of Student Tuition Recovery Fund claims referred to the bureau. +(D) The number of federal loan forgiveness claims filed and the number of those claims approved, denied, and pending. +(E) Any other information that is deemed appropriate by the Attorney General or qualified entity, as applicable. +(2) The Attorney General or qualified entity, as applicable, shall make the reports submitted pursuant to paragraph (1) available to the Legislature and the bureau upon request. +(3) The Attorney General or qualified entity, as applicable, shall provide the Legislature and the bureau a final report summarizing the information submitted pursuant to paragraph (1) promptly following the time when all funds are expended by the grantees or by August 1, 2018, whichever is earlier. +(k) Funds shall be distributed to preapproved nonprofit community service organizations as follows: +(1) Fifty percent shall be distributed to the grantee within 30 days of the grantee entering into a grant agreement. +(2) Twenty-five percent shall be distributed to the grantee upon the submission of the grantee’s second quarterly report. +(3) Twenty-five percent shall be distributed to the grantee upon the submission of the grantee’s third quarterly report. +(l) Eligible nonprofit community service organizations may use grant funds received pursuant to this section to pay the costs of assisting eligible students who have been served after the date of closure until June 30, 2018, or until any later date as may be determined necessary by the Attorney General. +(m) The adoption of any regulation pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public health and safety, or general welfare. +SEC. 7. +(a) The sum of one million three hundred thousand dollars ($1,300,000) is hereby appropriated from the Student Tuition Recovery Fund to the Attorney General for the purposes of providing grants pursuant to Section 94926.5 of the Education Code, and to pay an amount not to exceed one hundred fifty thousand dollars ($150,000) for the reasonable administrative costs of the Attorney General’s office related to these grants. +SEC. 8. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to provide immediate educational and economic relief to the thousands of students harmed by the closure of Corinthian Colleges, Inc., it is necessary for this act to take effect immediately.","(1) The California Private Postsecondary Education Act of 2009 provides for the regulation of private postsecondary educational institutions by the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. The act also establishes the Student Tuition Recovery Fund and requires the bureau to adopt regulations governing the administration and maintenance of the fund, including requirements relating to assessments on students and student claims against the fund, and establishes that the moneys in this fund are continuously appropriated to the bureau for specified purposes. The act caps the amount that may be in the fund at any time at $25,000,000. +This bill would raise the cap for the fund to $30,000,000. +(2) This bill would appropriate the sum of $1,300,000 from the Student Tuition Recovery Fund to the Attorney General for the purposes of providing grants to eligible nonprofit community service organizations to assist eligible students affected by the closure of Corinthian Colleges, Inc., as defined, with loan discharge and other student loan-related requests and tuition recovery-related claims, and to pay an amount not to exceed $150,000 for the reasonable administrative costs of the Attorney General’s office related to these grants, as specified, thereby making an appropriation. The bill would require the bureau to notify the Attorney General of all unlawful Corinthian Colleges, Inc., closures within 15 days of the effective date of these provisions. The bill would require the Attorney General to, among other things, within 90 days of the notification, solicit grant applications from eligible nonprofit community service organizations, select one or more of these organizations deemed to be qualified, and set additional terms and conditions of the grants as necessary. The bill would set a schedule for how grant funds are to be distributed. The bill would require the grantee to submit specified information to the Attorney General on a quarterly basis, and require the Attorney General to make these reports available to the Legislature and the bureau upon request. The bill would require the Attorney General to provide the Legislature and the bureau a final report summarizing all the information submitted to it by grantees, promptly following the time when all funds are expended by the grantees, or by August, 1, 2018, whichever is earlier. The bill would authorize the Attorney General to contract with another qualified entity to perform the Attorney General’s duties under these provisions. +(3) This bill would, for a period not to exceed 2 years from April 27, 2015, authorize state agencies that provide certification, registration, or licensure necessary to promote the safety and protection of the public to, on a case-by-case basis, consider for certification, registration, or licensure students who were enrolled in a program of Corinthian Colleges, Inc., that provided education or training aimed towards these students receiving certification, registration, or licensure from the state agency, and who did not receive that certification, registration, or licensure due to the closure of that institution. +(4) The Cal Grant Program prohibits an applicant from receiving Cal Grant awards totaling in excess of the amount equivalent to the award level for a total of four years of full-time attendance in an undergraduate program, except as provided. +This bill would partially exempt from this limitation on Cal Grant awards a student who was enrolled and received a Cal Grant award at a California campus of Heald College, and who was unable to complete an educational program offered by the campus due to its closure. +(5) The California National Guard Education Assistance Award Program authorizes the renewal of California National Guard Education Assistance Awards, for a maximum of the greater of either four years of full-time equivalent enrollment or the duration for which the qualifying member would otherwise be eligible pursuant to the Cal Grant Program, if specified conditions are met. +This bill would partially exempt from this limitation on California National Guard Education Assistance Awards a student who was enrolled and received a California National Guard Education Assistance Award at a California campus of Heald College, and who was unable to complete an educational program offered by the campus due to its closure. +(6) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 94925 of, and to add Sections 69433.61, 69999.19, 94051, and 94926.5 to, the Education Code, relating to higher education, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately." +549,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 60200 of the Education Code is amended to read: +60200. +The state board shall adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, for governing boards, subject to the following provisions: +(a) The state board shall adopt at least five basic instructional materials for all applicable grade levels in each of the following subject areas: +(1) Language arts, including, but not limited to, spelling, reading, and English language development. The state board may not adopt basic instructional materials in this subject area or the subject area specified by paragraph (2) in the year succeeding the year in which the state board adopts basic instructional materials in this subject area for the same grade level. +(2) Mathematics. The state board may not adopt basic instructional materials in this subject area or the subject area specified by paragraph (1) in the year succeeding the year in which the state board adopts basic instructional materials in this subject area for the same grade level. +(3) Science. +(4) Social science. +(5) Bilingual or bicultural subjects. +(6) Any other subject, discipline, or interdisciplinary areas for which the state board determines the adoption of instructional materials to be necessary or desirable. +(b) The state board shall adopt procedures for the submission of basic instructional materials in order to comply with each of the following: +(1) Instructional materials may be submitted for adoption in any of the subject areas pursuant to paragraphs (1) to (6), inclusive, of subdivision (a) at least once but not more than twice every eight years. The state board shall ensure that curriculum frameworks are reviewed and adopted in each subject area and that the criteria for evaluating instructional materials developed pursuant to subdivision (b) of Section 60204 are consistent with subdivision (c). The state board may prescribe reasonable conditions to restrict the resubmission of materials that have been previously rejected if those resubmitted materials have no substantive changes. +(2) If a publisher or manufacturer submits revisions to currently adopted instructional material for review after the timeframe specified by the state board, the department shall assess a fee on the submitting publisher or manufacturer in an amount that shall not exceed the reasonable costs to the department to conduct a review of the instructional material pursuant to this section. +(3) Submitted instructional materials shall be adopted or rejected within six months of the submission date of the materials pursuant to paragraph (1) unless the state board determines that a longer period of time, not to exceed an additional three months, is necessary due to the estimated volume or complexity of the materials for that subject in that year, or due to other circumstances beyond the reasonable control of the state board. +(4) The process for review of instructional materials shall involve review committees, which shall include, but not be limited to, volunteer content experts and instructional material reviewers, and shall be composed of a majority of classroom teachers from a wide variety of affected grade levels and subject areas. +(5) The rules and procedures for adoption of instructional materials shall be transparent and consistently applicable regardless of the format of the instructional materials, which may include, but not be limited to, print, digital, and open-source instructional materials. +(c) In reviewing and adopting or recommending for adoption submitted basic instructional materials, the state board shall use the following criteria, and ensure that, in its judgment, the submitted basic instructional materials meet all of the following criteria: +(1) Are consistent with the criteria and the standards of quality prescribed in the state board’s adopted curriculum framework. In making this determination, the state board shall consider both the framework and the submitted instructional materials as a whole. +(2) Comply with the requirements of Sections 60040, 60041, 60042, 60043, 60044, 60048, 60200.5, and 60200.6, and the state board’s guidelines for social content. +(3) Are factually accurate and incorporate principles of instruction reflective of current and confirmed research. +(4) Are aligned to the content standards adopted by the state board in the subject area and the grade level or levels for which they are submitted. +(5) Do not contain materials, including illustrations, that provide unnecessary exposure to a commercial brand name, product, or corporate or company logo. Materials, including illustrations, that contain a commercial brand name, product, or corporate or company logo may not be used unless the state board determines that the use of the commercial brand name, product, or corporate or company logo is appropriate based on one of the following specific findings: +(A) If text, the use of the commercial brand name, product, or corporate or company logo in the instructional materials is necessary for an educational purpose, as defined in the guidelines or frameworks adopted by the state board. +(B) If an illustration, the appearance of a commercial brand name, product, or corporate or company logo in an illustration in instructional materials is incidental to the general nature of the illustration. +(6) Meet other criteria as are established by the state board as being necessary to accomplish the intent of Section 7.5 of Article IX of the California Constitution and of Section 1 of Chapter 1181 of the Statutes of 1989, provided that the criteria are approved by resolution at the time the resolution adopting the framework for the current adoption is approved, or at least 12 months before the date that the materials are to be approved for adoption. +(d) If basic instructional materials are rejected, the state board shall provide a specific, written explanation of the reasons why the submitted materials were not adopted, based on one or more of the criteria established under subdivision (c). In providing this explanation, the state board may use, in whole or in part, materials written by the Superintendent or any other advisers to the state board. +(e) The state board may adopt fewer than five basic instructional materials in each subject area for each grade level if either of the following occurs: +(1) Fewer than five basic instructional materials are submitted. +(2) The state board specifically finds that fewer than five basic instructional materials meet the criteria prescribed by paragraphs (1) to (5), inclusive, of subdivision (c), or the materials fail to meet the state board’s adopted curriculum framework. If the state board adopts fewer than five basic instructional materials in any subject for any grade level, the state board shall conduct a review of the degree to which the criteria and procedures used to evaluate the submitted materials for that adoption were consistent with the state board’s adopted curriculum framework. +(f) This section does not limit the authority of the state board to adopt materials that are not basic instructional materials. +(g) Consistent with the quality criteria for the state board’s adopted curriculum framework, the state board shall prescribe procedures to provide the most open and flexible materials submission system and ensure that the adopted materials in each subject, taken as a whole, provide for the educational needs of the diverse pupil populations in the public schools, provide collections of instructional materials that illustrate diverse points of view, represent cultural pluralism, and provide a broad spectrum of knowledge, information, and technology-based materials to meet the goals of the program and the needs of pupils. +(h) Upon making an adoption, the state board shall make available to listed publishers and manufacturers and all school interests a listing of instructional materials, including the most current unit cost of those materials as computed pursuant to existing law. Items placed upon lists shall remain thereon, and be available for procurement through the state’s systems of financing, from the date of the adoption of the item and until a date established by the state board. The date established by the state board for continuing items on that list shall be the date on which the state board adopts instructional materials based on a new or revised curriculum framework. Lists of adopted instructional materials shall be made available by subject and grade level to school districts and posted on the department’s Internet Web site, and shall include information from the reports of findings from the review committees pursuant to paragraph publisher of instructional materials from including whatever corporate name or logo on the instructional materials that is necessary to provide basic information about the publisher, to protect its copyright, or to identify third-party sources of content. +(n) The state board may adopt regulations that provide for other exceptions to this section, as determined by the state board. +(o) The Superintendent shall develop, and the state board shall adopt, guidelines to implement this section. +SEC. 2. +Section 60227 is added to the Education Code, to read: +60227. +(a) For purposes of this section, a followup adoption is any adoption other than the primary adoption that occurs within the eight-year cycle established pursuant to subdivision (b) of Section 60200. +(b) Before conducting a followup adoption in a given subject area, the department shall post an appropriate notice on the department’s Internet Web site pursuant to subdivision (c) and notify all publishers or manufacturers known to produce basic instructional materials in that subject area. +(c) The notice shall specify that each publisher or manufacturer choosing to participate in the followup adoption shall be assessed a fee based on the number of programs the publisher or manufacturer indicates will be submitted for review and the number of grade levels proposed to be covered by each program. +(d) The fee shall offset the cost of conducting the followup adoption process and shall reflect the department’s best estimate of the cost. The department shall take reasonable steps to limit costs of the followup adoption and to keep the fee modest, recognizing that some of the work necessary for the primary adoption need not be duplicated. +(e) The department, before incurring substantial costs for the followup adoption, shall require that a publisher or manufacturer who wishes to participate in the followup adoption first declare the intent to submit one or more specific programs for the followup adoption and specify the specific grade levels to be covered by each program. After a publisher or manufacturer has declared the intent to submit one or more programs and the grade levels to be covered by each program, the department shall assess a fee. The fee shall be payable by the publisher or manufacturer even if the publisher or manufacturer subsequently chooses to withdraw a program or reduce the number of grade levels covered. A submission by a publisher or manufacturer shall not be reviewed for purposes of adoption, either in a followup adoption or in any other primary or followup adoption conducted thereafter, until the fee assessed has been paid in full. +(f) (1) It is the intent of the Legislature that the fee not be so substantial that it prevents small publishers or manufacturers from participating in a followup adoption. +(2) Upon the request of a small publisher or manufacturer, the state board may reduce the fee for participation in the followup adoption. +(3) For purposes of this section, “small publisher” and “small manufacturer” mean an independently owned or operated publisher or manufacturer who is not dominant in its field of operation, and who, together with its affiliates, has 100 or fewer employees, and has average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years. +(g) Revenue derived from fees charged pursuant to subdivision (e) shall be budgeted as reimbursements and subject to review through the annual budget process and may be used to pay costs associated with any adoption and any costs associated with the review of instructional materials. +(h) If the department determines that there is little or no interest by publishers and manufacturers in participating in a followup adoption, the department shall recommend to the state board that the followup adoption not be conducted and the state board may choose not to conduct the followup adoption. +(i) General fund revenue shall not be used for the cost of conducting a followup adoption pursuant to this section. +(j) This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date.","Existing law requires the State Board of Education to adopt instructional materials for kindergarten and grades 1 to 8, inclusive, and to adopt procedures for the submission of instructional materials, and provides that instructional materials may be submitted for adoption in specified subject areas every 8 years. +This bill would instead provide that instructional materials may be submitted for adoption at least once but no more than twice every 8 years. The bill, until January 1, 2024, would require the State Department of Education, before conducting a followup adoption, as defined, in a given subject area to post a notice on the department’s Internet Web site and notify all publishers or manufacturers known to produce basic instructional materials in that subject area that each publisher and manufacturer choosing to participate in the followup adoption shall be assessed a fee, as specified.","An act to amend Section 60200 of, and to add and repeal Section 60227 of, the Education Code, relating to instructional materials." +550,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 143.1 of the Labor Code is amended to read: +143.1. +(a) The board shall conduct hearings on such requests for a permanent variance after employees or employee representatives of the applicant are properly notified. The applicant shall also give notice to workers at the place of employment who will be affected by the permanent variance, or representatives of affected employees who may be affected by, or exposed to, hazards by the permanent variance from an occupational safety and health standard. The applicant shall provide certification that the affected employees have been given notice of the request for a permanent variance. +(b) Upon request to the board, affected employees or their representatives shall be granted party status to the variance proceeding. +(c) All board decisions on a permanent variance shall be final except for a rehearing or judicial review provided for by law. +SEC. 2. +Section 6450 of the Labor Code is amended to read: +6450. +(a) Any employer may apply to the division for a temporary order granting a variance from an occupational safety or health standard. A temporary order shall be granted only if the employer files an application that meets the requirements of Section 6451, and establishes the following: +(1) The employer is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date. +(2) The employer is taking all available steps to safeguard employees against the hazards covered by the standard. +(3) The employer has an effective program for coming into compliance with the standard as quickly as practicable. +(b) Any temporary order issued under this section shall prescribe the practices, means, methods, operations, and processes the employer is required to adopt and use while the order is in effect and state in detail a program for coming into compliance with the standard. Such a temporary order may be granted only after notice to employees and other affected workers as described in Section 6450.5 and an opportunity for a hearing. However, the division may issue one interim order for a temporary variance upon submission of an application showing that the employment or place of employment will be safe for employees and other affected workers pending a hearing on the application for a temporary variance. A temporary order shall not be in effect for longer than the period needed by the employer to achieve compliance with the standard or one year, whichever is shorter, except that such an order may be renewed not more than twice provided that the requirements of this section are met and an application for renewal is filed before the expiration date of the order. A single renewal of an order shall not remain in effect for longer than 180 days. +SEC. 3. +Section 6450.5 is added to the Labor Code, to read: +6450.5. +The employer shall also give notice to workers at the place of employment who will be affected by the temporary variance, or representatives of affected workers, who may be affected by or exposed to the hazard covered by the standard, by the temporary variance from an occupational safety and health standard. Upon request to the division, or to the standards board upon appeal pursuant to Section 6455, any affected worker, or representative of affected workers, shall be granted party status to the variance proceedings. +SEC. 4. +Section 6451 of the Labor Code is amended to read: +6451. +An application for a temporary order under Section 6450 shall contain all of the following: +(a) A specification of the standard or portion thereof from which the employer seeks a variance. +(b) A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that the employer is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor. +(c) A statement of the steps the employer has taken and will take, with specific dates, to protect employees against the hazard covered by the standard. +(d) A statement of when the employer expects to be able to comply with the standard and what steps the employer has taken and will take, with dates specified, to come into compliance with the standard. +(e) A certification that the employer has informed employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition the division for a hearing. +(f) A certification that the employer has given notice as required in Section 6450.5. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law establishes the Occupational Safety and Health Standards Board in the Department of Industrial Relations to adopt, amend, or repeal employment safety standards and laws. Existing law authorizes the board, upon the application of an employer, to grant a permanent variance from an occupational standard or order after specified notice and hearing requirements are met. The California Occupational Safety and Health Act of 1973 also authorizes an employer to apply to the Division of Occupational Safety and Health, that enforces employment safety laws, for a temporary order granting a variance from an occupational safety or health standard and requires the order to be granted only if the employer’s application satisfies specified requirements. Existing law provides that a temporary order may be granted only after notice to employees and an opportunity for a hearing. Existing law specifies the information that an application for a temporary order is required to contain. +This bill would require an employer to also give notice to workers at the place of employment who will be affected by a permanent or temporary variance, or representatives of affected workers, who may be affected by or exposed to the hazards by the permanent or temporary variance from an occupational safety and health standard. The bill would require any affected worker, or representative of affected workers, upon request, to be granted party status to the variance proceedings. The bill would require the variance application to include a certification that the employer has given notice to affected workers as required. Because a violation of the new requirements for employers would be a crime under certain circumstances, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 143.1, 6450, and 6451 of, and to add Section 6450.5 to, the Labor Code, relating to employment." +551,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1250.8 of the Health and Safety Code is amended to read: +1250.8. +(a) Notwithstanding subdivision (a) of Section 127170, the department, upon application of a general acute care hospital that meets all the criteria of subdivision (b), and other applicable requirements of licensure, shall issue a single consolidated license to a general acute care hospital that includes more than one physical plant maintained and operated on separate premises or that has multiple licenses for a single health facility on the same premises. A single consolidated license shall not be issued where the separate freestanding physical plant is a skilled nursing facility or an intermediate care facility, whether or not the location of the skilled nursing facility or intermediate care facility is contiguous to the general acute care hospital unless the hospital is exempt from the requirements of subdivision (b) of Section 1254, or the facility is part of the physical structure licensed to provide acute care. +(b) The issuance of a single consolidated license shall be based on the following criteria: +(1) There is a single governing body for all the facilities maintained and operated by the licensee. +(2) There is a single administration for all the facilities maintained and operated by the licensee. +(3) There is a single medical staff for all the facilities maintained and operated by the licensee, with a single set of bylaws, rules, and regulations, that prescribe a single committee structure. +(4) Except as provided otherwise in this paragraph, the physical plants maintained and operated by the licensee which are to be covered by the single consolidated license are located not more than 15 miles apart. If an applicant provides evidence satisfactory to the department that it can comply with all requirements of licensure and provide quality care and adequate administrative and professional supervision, the director may issue a single consolidated license to a general acute care hospital that operates two or more physical plants located more than 15 miles apart under any of the following circumstances: +(A) One or more of the physical plants is located in a rural area, as defined by regulations of the director. +(B) One or more of the physical plants provides only outpatient services, as defined by the department. +(C) One or more of the physical plants is an emergency department, as defined in subdivision (b) of Section 128700. +(D) If Section 14105.986 of the Welfare and Institutions Code is implemented and the applicant meets all of the following criteria: +(i) The applicant is a nonprofit corporation. +(ii) The applicant is a children’s hospital listed in Section 10727 of the Welfare and Institutions Code. +(iii) The applicant is affiliated with a major university medical school and located adjacent thereto. +(iv) The applicant operates a regional tertiary care facility. +(v) One of the physical plants is located in a county that has a consolidated and county government structure. +(vi) One of the physical plants is located in a county having a population between 1,000,000 and 2,000,000. +(vii) The applicant is located in a city with a population between 50,000 and 100,000. +(c) In issuing the single consolidated license, the state department shall specify the location of each supplemental service and the location of the number and category of beds provided by the licensee. The single consolidated license shall be renewed annually. +(d) To the extent required by Chapter 1 (commencing with Section 127125) of Part 2 of Division 107, a general acute care hospital that has been issued a single consolidated license: +(1) Shall not transfer from one facility to another a special service described in Section 1255 without first obtaining a certificate of need. +(2) Shall not transfer, in whole or in part, from one facility to another, a supplemental service, as defined in regulations of the director pursuant to this chapter, without first obtaining a certificate of need, unless the licensee, 30 days prior to the relocation, notifies the Office of Statewide Health Planning and Development, the applicable health systems agency, and the state department of the licensee’s intent to relocate the supplemental service, and includes with this notice a cost estimate, certified by a person qualified by experience or training to render the estimates, which estimates that the cost of the transfer will not exceed the capital expenditure threshold established by the Office of Statewide Health Planning and Development pursuant to Section 127170. +(3) Shall not transfer beds from one facility to another facility, without first obtaining a certificate of need unless, 30 days prior to the relocation, the licensee notifies the Office of Statewide Health Planning and Development, the applicable health systems agency, and the state department of the licensee’s intent to relocate health facility beds, and includes with this notice both of the following: +(A) A cost estimate, certified by a person qualified by experience or training to render the estimates, which estimates that the cost of the relocation will not exceed the capital expenditure threshold established by the Office of Statewide Health Planning and Development pursuant to Section 127170. +(B) The identification of the number, classification, and location of the health facility beds in the transferor facility and the proposed number, classification, and location of the health facility beds in the transferee facility. +Except as otherwise permitted in Chapter 1 (commencing with Section 127125) of Part 2 of Division 107, or as authorized in an approved certificate of need pursuant to that chapter, health facility beds transferred pursuant to this section shall be used in the transferee facility in the same bed classification as defined in Section 1250.1, as the beds were classified in the transferor facility. +Health facility beds transferred pursuant to this section shall not be transferred back to the transferor facility for two years from the date of the transfer, regardless of cost, without first obtaining a certificate of need pursuant to Chapter 1 (commencing with Section 127125) of Part 2 of Division 107. +(e) Transfers pursuant to subdivision (d) shall satisfy all applicable requirements of licensure and shall be subject to the written approval, if required, of the state department. The state department may adopt regulations that are necessary to implement this section. These regulations may include a requirement that each facility of a health facility subject to a single consolidated license have an onsite full-time or part-time administrator. +(f) As used in this section, “facility” means a physical plant operated or maintained by a health facility subject to a single, consolidated license issued pursuant to this section. +(g) For purposes of selective provider contracts negotiated under the Medi-Cal program, the treatment of a health facility with a single consolidated license issued pursuant to this section shall be subject to negotiation between the health facility and the California Medical Assistance Commission. A general acute care hospital that is issued a single consolidated license pursuant to this section may, at its option, be enrolled in the Medi-Cal program as a single business address or as separate business addresses for one or more of the facilities subject to the single consolidated license. Irrespective of whether the general acute care hospital is enrolled at one or more business addresses, the department may require the hospital to file separate cost reports for each facility pursuant to Section 14170 of the Welfare and Institutions Code. +(h) For purposes of the Annual Report of Hospitals required by regulations adopted by the state department pursuant to this part, the state department and the Office of Statewide Health Planning and Development may require reporting of bed and service utilization data separately by each facility of a general acute care hospital issued a single consolidated license pursuant to this section. +(i) The amendments made to this section during the 1985–86 Regular Session of the Legislature pertaining to the issuance of a single consolidated license to a general acute care hospital in the case where the separate physical plant is a skilled nursing facility or intermediate care facility shall not apply to the following facilities: +(1) A facility that obtained a certificate of need after August 1, 1984, and prior to February 14, 1985, as described in this subdivision. The certificate of need shall be for the construction of a skilled nursing facility or intermediate care facility that is the same facility for which the hospital applies for a single consolidated license, pursuant to subdivision (a). +(2) A facility for which a single consolidated license has been issued pursuant to subdivision (a), as described in this subdivision, prior to the effective date of the amendments made to this section during the 1985–86 Regular Session of the Legislature. +A facility that has been issued a single consolidated license pursuant to subdivision (a), as described in this subdivision, shall be granted renewal licenses based upon the same criteria used for the initial consolidated license. +(j) If the state department issues a single consolidated license pursuant to this section, the state department may take any action authorized by this chapter, including, but not limited to, any action specified in Article 5 (commencing with Section 1294), with respect to a facility, or a service provided in a facility, that is included in the consolidated license. +(k) The eligibility for participation in the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) of a facility that is included in a consolidated license issued pursuant to this section, provides outpatient services, and is located more than 15 miles from the health facility issued the consolidated license shall be subject to a determination of eligibility by the state department. This subdivision shall not apply to a facility that is located in a rural area and is included in a consolidated license issued pursuant to subparagraphs (A), (B), and (C) of paragraph (4) of subdivision (b). Regardless of whether a facility has received or not received a determination of eligibility pursuant to this subdivision, this subdivision shall not affect the ability of a licensed professional, providing services covered by the Medi-Cal program to a person eligible for Medi-Cal in a facility subject to a determination of eligibility pursuant to this subdivision, to bill the Medi-Cal program for those services provided in accordance with applicable regulations. +(l) Notwithstanding any other provision of law, the director may issue a single consolidated license for a general acute care hospital to Children’s Hospital Oakland and San Ramon Regional Medical Center. +(m) Notwithstanding any other provision of law, the director may issue a single consolidated license for a general acute care hospital to Children’s Hospital Oakland and the John Muir Medical Center, Concord Campus. +(n) (1) To the extent permitted by federal law, payments made to Children’s Hospital Oakland pursuant to Section 14166.11 of the Welfare and Institutions Code shall be adjusted as follows: +(A) The number of Medi-Cal payment days and net revenues calculated for the John Muir Medical Center, Concord Campus under the consolidated license shall not be used for eligibility purposes for the private hospital disproportionate share hospital replacement funds for Children’s Hospital Oakland. +(B) The number of Medi-Cal payment days calculated for hospital beds located at +the +John Muir Medical Center, Concord Campus that are included in the consolidated license beginning in the 2007–08 fiscal year shall only be used for purposes of calculating disproportionate share hospital payments authorized under Section 14166.11 of the Welfare and Institutions Code at Children’s Hospital Oakland to the extent that the inclusion of those days does not exceed the total Medi-Cal payment days used to calculate Children’s Hospital Oakland payments for the 2006–07 fiscal year disproportionate share replacement. +(2) This subdivision shall become inoperative in the event that the two facilities covered under the consolidated license described in subdivision (a) are located within a 15-mile radius of each other. +SEC. 2. +Section 1255.15 is added to the Health and Safety Code, to read: +1255.15. +(a) If a general acute care hospital (closing hospital) that provides emergency medical services pursuant to Section 1255 is either scheduled for closure or has surrendered its license for suspension or cancellation pursuant to Section 1300, the closing hospital’s emergency medical services may continue to be provided at the same location or locations by another general acute care hospital (acquiring hospital) that has a special permit to offer emergency medical services pursuant to paragraph (3) of subdivision (a) of Section 1255, notwithstanding that basic services are not offered at the closing hospital’s location or locations. +(b) Pursuant to subdivisions (a) and (b) of Section 1250.8, a single consolidated license shall be issued to the acquiring hospital to permit the continued provision of emergency medical services at the closing hospital’s location or locations if located not more than 15 miles apart from the acquiring hospital. +(c) Notwithstanding paragraph (4) of subdivision (b) of Section 1250.8, the director shall issue a single consolidated license to the acquiring hospital to permit the continued provision of emergency medical services at the closing hospital’s location or locations, even if located more than 15 miles apart from the acquiring hospital, if the acquiring hospital provides evidence satisfactory to the department that it can comply with all requirements of licensure and provide quality care and adequate administrative and professional supervision. +SEC. 3. +Section 128700 of the Health and Safety Code is amended to read: +128700. +As used in this chapter, the following terms mean: +(a) “Ambulatory surgery procedures” mean those procedures performed on an outpatient basis in the general operating rooms, ambulatory surgery rooms, endoscopy units, or cardiac catheterization laboratories of a hospital or a freestanding ambulatory surgery clinic. +(b) “Emergency department” means, +in +with respect to +a hospital licensed to provide emergency medical services, the location in which those services are provided. +(c) “Encounter” means a face-to-face contact between a patient and the provider who has primary responsibility for assessing and treating the condition of the patient at a given contact and exercises independent judgment in the care of the patient. +(d) “Freestanding ambulatory surgery clinic” means a surgical clinic that is licensed by the state under paragraph (1) of subdivision (b) of Section 1204. +(e) “Health facility” or “health facilities” means all health facilities required to be licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2. +(f) “Hospital” means all health facilities except skilled nursing, intermediate care, and congregate living health facilities. +(g) “Office” means the Office of Statewide Health Planning and Development. +(h) “Risk-adjusted outcomes” means the clinical outcomes of patients grouped by diagnoses or procedures that have been adjusted for demographic and clinical factors.","Existing law requires the State Department of Public Health to issue a single consolidated license to a general acute care hospital that includes more than one physical plant maintained and operated on separate premises if all applicable requirements of licensure, as specified, are satisfied. Under existing law, the physical plants maintained and operated under a general acute care hospital’s single consolidated license must be located no more than 15 miles apart, unless a specified exception applies. +This bill would create an exception to permit a general acute care hospital to operate an emergency department located more than 15 miles from its main physical plant, if all applicable requirements of licensure are satisfied. +The bill would also permit a closing general acute care hospital’s emergency department to continue to be operated at the same location or locations by an acquiring general acute care hospital, as specified. The bill would create an exception to permit the acquiring general acute care hospital to operate the closing general acute care hospital’s emergency department at that location or locations, even if located more than 15 miles from the acquiring general acute care hospital’s main physical plant, if all applicable requirements of licensure are satisfied.","An act to amend +Section +Sections +1250.8 +and 128700 +of +, and to add Section 1255.15 to, +the Health and Safety Code, relating to health facilities." +552,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) Research points to a strong connection between mental wellness and academic achievement. +(2) Research demonstrates that early detection and treatment of mental illness improves attendance, behavior, and academic achievement. +(3) It is estimated that 20 percent of children have mental health issues, 80 percent of whom are estimated to be undiagnosed and untreated. The lack of attention to a child’s mental health has significant effects on his or her school achievement and life outcomes. +(4) Mental health challenges disproportionately impact pupils who face stressors such as violence, trauma, and poverty. +(5) California’s educators report their lack of preparedness in addressing pupil mental health challenges as a major barrier to instruction. Most educators and staff lack training to identify pupils who may be in need of support and to make referrals, as appropriate, to help pupils overcome and manage mental health issues and succeed in school. +(6) The State Department of Education has identified inadequate service referral and inconsistent pupil mental health policies as major factors contributing to pupils’ lack of access to support for mental health concerns. +(7) Several initiatives are underway to improve the early identification and referral of pupils for help with mental health challenges. These include the California County Superintendents Educational Services Association’s K-12 Student Mental Health Initiative, funded by the California Mental Health Services Authority; the federally funded Project Cal-Well administered by the State Department of Education; Training Educators through Recognition and Identification Strategies (TETRIS); the Eliminating Barriers to Learning (EBL) project administered by the State Department of Education and funded by the California Mental Health Services Authority; and the Student Mental Health Policy Workgroup established by the Superintendent of Public Instruction and the California Mental Health Services Authority. +(8) In spite of these efforts, no model referral protocol exists to guide schools and local educational agencies in appropriate and timely intervention for pupil mental health concerns. +(9) The State Department of Education, through its Project Cal-Well and its Student Mental Health Policy Workgroup, is well positioned to provide state leadership and guidance to local educational agencies so that they are better able to address pupil mental health concerns. +(b) It is therefore the intent of the Legislature to direct the development of model, evidence-based referral protocols for addressing pupil mental health concerns that may be voluntarily used by schoolsites, school districts, county offices of education, charter schools, and teacher and administrator preparation programs. +SEC. 2. +Section 33319.6 is added to the Education Code, to read: +33319.6. +(a) The department shall develop model referral protocols for addressing pupil mental health concerns. In developing these protocols, the department shall consult with the members of the Student Mental Health Policy Workgroup, local educational agencies that have served as state or regional leaders in state or federal pupil mental health initiatives, county mental health programs, current classroom teachers and administrators, current schoolsite classified staff, current schoolsite staff who hold pupil personnel services credentials, current school nurses, current school counselors, and other professionals involved in pupil mental health as the department deems appropriate. +(b) These protocols shall be designed for use, on a voluntary basis, by schoolsites, school districts, county offices of education, charter schools, and the state special schools for the blind and the deaf, and by teacher, administrator, school counselor, pupil personnel services, and school nurse preparation programs operated by institutions of higher education. The protocols shall do all of the following: +(1) Address the appropriate and timely referral by school staff of pupils with mental health concerns. +(2) Reflect a multitiered system of support processes and positive behavioral interventions and supports. +(3) Be adaptable to varied local service arrangements for mental health services. +(4) Reflect evidence-based and culturally appropriate approaches to pupil mental health referral. +(5) Address the inclusion of parents and guardians in the referral process. +(6) Be written to ensure clarity and ease of use by certificated and classified school employees. +(7) Reflect differentiated referral processes for pupils with disabilities and other populations for whom the referral process may be distinct. +(8) Be written to ensure that school employees act only within the authorization or scope of their credential or license. Nothing in this section shall be construed as authorizing or encouraging school employees to diagnose or treat mental illness unless they are specifically licensed and employed to do so. +(9) Be consistent with state activities conducted by the department in the administration of federally funded mental health programs. +(c) The department shall post the model referral protocols on its Internet Web site so that they may be accessed and used by educational institutions specified in subdivision (b). +(d) This section is contingent upon funds being appropriated for its purpose to the department in the annual Budget Act or other legislation, or state, federal, or private funds being allocated for this purpose. +(e) The model referral protocols shall be completed and made available within two years of the date funds are received or allocated to implement this section.","Existing law provides that school districts and county offices of education are responsible for the overall development of a comprehensive school safety plan for each of their constituent schools, and encourages school safety plans to include clear guidelines for the roles and responsibilities of certain parties with school-related health and safety responsibilities, as specified. +This bill would require the State Department of Education to develop model referral protocols, as provided, for addressing pupil mental health concerns. The bill would require the department to consult with various entities in developing the protocols, including current classroom teachers and administrators. The bill would require the department to post the model referral protocols on its Internet Web site. The bill would make these provisions contingent upon funds being appropriated for its purpose in the annual Budget Act or other legislation, or state, federal, or private funds being allocated for this purpose. The bill would also state various findings and declarations of the Legislature relating to pupil mental health.","An act to add Section 33319.6 to the Education Code, relating to pupil health." +553,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 79707.5 is added to the Water Code, to read: +79707.5. +In furtherance of subdivision (g) of Section 79707, all recipients of funding pursuant to Chapter 6 (commencing with Section 79730) shall post signs acknowledging the source of funds in accordance with guidelines that the secretary shall develop. For the purposes of this section, state funding shall be listed first on the sign if the state is the source of 50 percent or more of the total project costs. +SECTION 1. +Chapter 11.2 (commencing with Section 8852) is added to Division 1 of Title 2 of the +Government Code +, to read: +11.2. +State Facilities Renewal Bond Act of 2016 +1. +General Provisions +8852. +This chapter shall be known as the State Facilities Renewal Bond Act of 2016. +8852.1. +As used in this chapter, the following terms have the following meanings: +(a)“Committee” means the State Facilities Renewal Bond Finance Committee created pursuant to Section 8852.31. +(b)“Fund” means the State Facilities Renewal Bond Fund created pursuant to Section 8852.2. +(c)“State agency” means any state agency, department, office, division, bureau, board, commission, district agricultural association, the California State University, the University of California, and the Judicial Council. +(d)“Deferred maintenance projects” means delayed projects to replace infrastructure and building components in order to preserve or maintain these assets in an acceptable condition. +2. +State Facilities Renewal Bond Fund and Program +8852.2. +(a)The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the State Facilities Renewal Bond Fund, which is hereby created. Fund moneys shall only be used to address deferred maintenance projects on state-owned property and shall be made available for expenditure only upon appropriation by the Legislature in the annual Budget Act. Funds shall be appropriated to state agencies as part of their respective agency budgets for state operations. Fund moneys appropriated to a state agency shall supplement, not supplant, an agency’s existing deferred maintenance expenditures. It is the intent of the Legislature that the projects funded by these bonds shall have a useful life of at least 20 years. +(b)The Governor shall propose appropriations from the State Facilities Renewal Bond Fund as part of his or her January 10 budget proposal. +(1)Within 10 days following release of the budget proposal, the Department of Finance shall report all of the following to the respective budget committees of the Legislature: +(A)The administration’s methodology for allocating the bond funds among the various state agencies. +(B)The criteria used for establishing deferred maintenance project funding priorities. +(2)A state agency for which the Governor proposes an appropriation from the State Facilities Renewal Bond Fund shall report, within 30 days following the release of the budget proposal, the following to the respective budget committees of the Legislature: +(A)The agency’s total deferred maintenance backlog. +(B)The agency’s deferred maintenance expenditures in the prior fiscal year. +(C)A list of deferred maintenance projects proposed to be undertaken by the agency with moneys from the fund proposed for appropriation. +(D)The agency’s expenditures in the prior fiscal year for maintenance other than deferred maintenance. +(E)The extent to which the agency’s current budget for maintenance is insufficient to prevent an increase in the agency’s deferred maintenance backlog. +3. +Fiscal +8852.3. +Bonds in the total amount of two billion dollars ($2,000,000,000), or so much thereof as is necessary, not including the amount of any refunding bonds, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. The bonds issued pursuant to this chapter shall be repaid within 20 years from the date they are issued. +8852.31. +The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter, except subdivisions (a) and (b) of Section 16727. +8852.32. +(a)Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law of the bonds authorized by this chapter, the State Facilities Renewal Bond Finance Committee is hereby created. For purposes of this chapter, the State Facilities Renewal Bond Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Controller, Director of Finance, and Treasurer, or their designated representatives. +(b)The Treasurer shall serve as chairperson of the committee. +(c)A majority of the committee may act for the committee. +8852.33. +The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 8852.2 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. +8852.34. +There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. +8852.35. +Notwithstanding Section 13340, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: +(a)The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. +(b)The sum necessary to carry out Section 8852.36, appropriated without regard to fiscal years. +8852.36. +For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund, with interest at the rate earned by the moneys in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. +8852.37. +All moneys deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. +8852.38. +Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2, the cost of bond issuance shall be paid out of the bond proceeds. These costs shall be shared proportionally by each program funded through this bond act. +8852.39. +The committee may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, including other authorized forms of interim financing that include, but are not limited to, commercial paper, in accordance with Section 16312, for purposes of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The committee shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. +8852.40. +The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. +8852.41. +Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment of earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. +8852.42. +The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. +SEC. 2. +Section 1 of this act shall take effect upon the approval by the voters of the State Facilities Renewal Bond Act of 2016, as set forth in Section 1 of this act. +SEC. 3. +Section 1 of this act shall be submitted to the voters at the June 7, 2016, statewide primary election in accordance with provisions of the Government Code and the Elections Code governing the submission of a statewide measure to the voters.","Existing law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. The act provides that it is the intent of the people that, to the extent practicable, a project supported by the funds made available by the act will include signage informing the public that the project received funds from the act. +This bill would require certain recipients of funding pursuant to the act to post signs acknowledging the source of funds in accordance with guidelines that the Secretary of the Natural Resources Agency would be required to develop. +The annual Budget Act appropriates funds to state agencies for operations as part of their respective agency budgets. Existing law requires the Department of General Services to report to the Legislature, as specified, on expenditures for seismic hazard abatement for state buildings and facilities, in connection with the Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990. +This bill would enact the State Facilities Renewal Bond Act of 2016, which, if adopted by the voters at the June 7, 2016, statewide primary election, would authorize the issuance of bonds in the amount of $2,000,000,000, pursuant to the State General Obligation Bond Law, to finance deferred maintenance on state-owned property, subject to appropriation by the Legislature in the annual Budget Act.","An act to +add Chapter 11.2 (commencing with Section 8852) to Division 1 of Title 2 of the Government +add Section 79707.5 to the Water +Code, relating to +financing deferred maintenance on state facilities, by providing the funds necessary therefor through an election for the issuance and sale of bonds of the State of California and for the handling and disposition of those funds. +water." +554,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares the following: +(a) California is home to some of the most innovative and resourceful entrepreneurs in the world, making it the nation’s leader in technology and related industries. +(b) The state should harness this innovation and leverage it to provide the best possible customer service to all of its citizens in the most cost-effective, efficient, and creative manner. +(c) Creativity and efficiency should not be limited to the private sector, but rather should be embraced and developed to further the public interest. +(d) Allowing the most creative private sector professionals to volunteer their time and expertise to make government work better +and be more streamlined +for its citizens would permit the state to utilize this creativity for the benefit of all its citizens. +(e) Establishing a professionals in public service +program, in +program within +a California state agency would permit implementation of a model that has been applied successfully by a variety of public and private entities and has proven to be a useful tool to help various processes become more efficient. +SEC. 2. +(a)The Legislative Analyst and the California State Auditor shall collaboratively convene a work group for the purposes of determining the most appropriate state agency to house a professionals in public service pilot program with the goal of making state government activities and practices more streamlined and accessible to small businesses. +(b)The Legislative Analyst and the California State Auditor shall report the work group’s recommendations to the Legislature on or before December 31, 2016. The report shall be submitted as set forth in Section 9795 of the Government Code. +(c)This section is repealed on January 1, 2017. +SEC. 2. +Article 7 (commencing with Section 12100.1) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read: +Article 7. Entrepreneur-in-Residence Act of 2016 +12100.1. +This article shall be known and may be cited as the Entrepreneur-in-Residence Act of 2016. +12100.2. +As used in this article, the following terms shall have the following meanings: +(a) “Agency” means any state agency, department, or commission. +(b) “Entrepreneur-in-residence” means an individual appointed to a position under the program. +(c) “Office” means the Government Operations Agency. +(d) “Program” means the entrepreneur-in-residence program, as established by this article. +(e) “Secretary” means the Secretary of the Government Operations Agency, or his or her designee. +12100.3. +(a) The state entrepreneur-in-residence program is hereby established within the office for the purpose of utilizing the expertise of private-sector entrepreneurs to help make state governmental activities and practices more streamlined and accessible. +(b) (1) The secretary may appoint one or more entrepreneurs-in-residence under the program during each year, however, the secretary shall not appoint more than 10 entrepreneurs-in-residence during any calendar year. The secretary, with the approval of the state agency, may appoint an entrepreneur-in-residence to any state agency. +(2) Any person appointed as an entrepreneur-in-residence shall meet at least one of the following qualifications: +(A) The individual shall have demonstrated success in working with California small businesses and entrepreneurs. +(B) The individual shall have successfully developed, invented, or created a product and brought the product to the marketplace. +(3) Any person appointed as an entrepreneur-in-residence shall not have a conflict of interest with the activities of the state agency where he or she is placed, including, but not limited to, having any existing business before the state agency in which he or she is proposed to be placed or is placed. +(c) The secretary shall accept appointment applications for the position of an entrepreneur-in-residence and establish procedures for complying with this article no later than March 1, 2017. Among other requirements, the procedures shall include the following: +(1) A process for engaging with and receiving approval from state agencies about prospective appointments. +(2) A process for screening prospective appointees, including checking background and references. +(3) A standard memorandum of understanding that stipulates the responsibilities of each party in undertaking an entrepreneurship-in-residence under the program, including, but not limited to, hours, duties, goals, expected outcomes, agency support, and office participation. This standard memorandum of understanding shall be a model that shall be adapted to address each individual placement to create the memorandum of understanding into which the appointee, the agency, and the office enter. +(d) As a condition of having a placement of an entrepreneur-in-residence, the state agency shall agree to the procedures set by the secretary pursuant to subdivision (c). +(e) Before the effective date of an appointment under this article, every individual selected to participate in the program shall have entered into a memorandum of understanding with the secretary and the head of the state agency where the entrepreneur will serve. The memorandum of understanding shall be specific to the placement and clearly identify the hours, duties, goals, expected outcomes, agency support, and office participation. The memorandum of understanding shall set the benchmarks and metrics for evaluating the success of the placement. +(f) In administering the entrepreneur-in-residence program, the secretary shall appoint entrepreneurs-in-residence in a variety of interested agencies. However, to the extent practicable, the secretary shall not appoint more than two entrepreneurs-in-residence to positions in the same agency during the same year. +(g) An entrepreneur-in-residence may serve as an entrepreneur-in-residence for no longer than two years. +12100.4. +(a) An entrepreneur-in-residence shall have all of the following duties: +(1) Providing recommendations to the head of the state agency the entrepreneur-in-residence serves on how to streamline, eliminate, or modify potentially inefficient or duplicative activities, processes, and programs, if any, at the state agency. +(2) Providing recommendations to the head of the state agency the entrepreneur-in-residence serves on methods to improve program efficiency at the state agency or new initiatives, if any, that may be instituted at the state agency to address the needs of small businesses and entrepreneurs. +(3) Assisting the state agency the entrepreneur-in-residence serves in improving outreach and service to small business concerns and entrepreneurs including, but not limited to, the following: +(A) Facilitating meetings and forums to educate small businesses and entrepreneurs on programs or initiatives of the state agency the entrepreneur-in-residence is serving. +(B) Facilitating in-service sessions with employees of the office and the state agency the entrepreneur-in-residence is serving on issues of concern to entrepreneurs and small businesses. +(C) Providing technical assistance or mentorship to small businesses and entrepreneurs in accessing programs at the office and the state agency the entrepreneur-in-residence is serving. +(b) An entrepreneur-in-residence shall serve on a voluntary basis, and shall dedicate at least 16 hours per week to the program, unless a greater number of hours per week is otherwise agreed upon. At the discretion of the head of a participating state agency, the entrepreneur-in-residence shall have access to an office, computer, and other related support services and equipment from the participating state agency as the state agency determines to be necessary for the entrepreneur-in-residence to discharge his or her duties. +(c) An entrepreneur-in-residence shall report directly to the head of the state agency in which the entrepreneur-in-residence is serving and shall also keep the secretary of the office updated on his or her activities, findings, and recommendations. +12100.5. +(a) The secretary shall establish an informal working group of entrepreneurs-in-residence to discuss best practices, experiences, obstacles, opportunities, and recommendations. +(b) (1)   The secretary shall annually prepare and submit to the Governor and the Assembly Committee on Jobs, Economic Development, and the Economy a report on the program. The report, at a minimum, shall include the following: +(A) A progress report on the activities of each entrepreneur-in-residence during the reporting period, based on the applicable memorandum of understanding. +(B) A general summary on how the overall program is addressing the goals of the program, which are as follows: +(i) Making state programs simpler, easier to access, more efficient, and more responsive to the needs and concerns of small businesses and entrepreneurs. +(ii) Providing for better outreach by the state to the private sector. +(iii) Strengthening coordination and interaction between the state and the private sector on issues relevant to entrepreneurs and small business concerns. +(2) The requirement for submitting a report imposed under paragraph (1) of this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5. +(3) It is anticipated that program impacts will not be fully measurable until recommended changes and activities are fully implemented. The office and the agency where an entrepreneur-in-residence is placed shall continue measuring and reporting the impact of the activities of the entrepreneur-in-residence for three years following the placement of an entrepreneur-in-residence.","Existing law establishes within the Governor’s office the Government Operations Agency, which consists of several state agencies, including the Department of General Services and the Department of Technology, and is governed by the Secretary of Government Operations. +This bill would enact the Entrepreneur-in-Residence Act of 2016, which would establish the state entrepreneur-in-residence program within the Government Operations Agency for the purpose of utilizing the expertise of private-sector entrepreneurs to help make state governmental activities and practices more streamlined and accessible. The program would authorize the Secretary of Government Operations to appoint a maximum of 10 persons each year to serve within a state agency as an entrepreneur-in-residence, with duties as established in the bill, on a voluntary basis. The bill would require the secretary to accept appointment applications for the position of an entrepreneur-in-residence and to establish prescribed procedures for complying with the bill no later than March 1, 2017. The bill would also require the secretary to establish an informal working group of entrepreneurs-in-residence to discuss best practices, experiences, obstacles, opportunities, and recommendations, and to report on the program to the Governor and the Assembly Committee on Jobs, Economic Development, and the Economy, as specified. +Existing law establishes the California State Auditor’s Office within state government under the direction of the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy. Existing law makes that office independent of the executive branch and legislative control and places it under the direction of the California State Auditor. +Existing law establishes the Joint Legislative Budget Committee consisting of 8 Members of the Senate and 8 Members of the Assembly, authorizes the committee to appoint the Legislative Analyst, and sets forth his or her duties. +This bill would require the Legislative Analyst and the California State Auditor to convene a work group for the purposes of determining the most appropriate state agency to house a pilot professionals in public service program with the goal of making state government activities and practices more streamlined and accessible to small businesses. The bill would require that the recommendations of the work group be reported to the Legislature by December 31, 2016, and would repeal these provisions on January 1, 2017,","An act +relating +to add Article 7 (commencing with Section 12100.1) to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, relating +to state government." +555,"The people of the State of California do enact as follows: + + +SECTION 1. +The heading of Chapter 5 (commencing with Section 10600) of Part 2 of Division 2 of Title 2 of the Government Code is amended to read: +CHAPTER 5. Joint Pension Administration and Sustainability Committee +SEC. 2. +Section 10600 of the Government Code is amended to read: +10600. +(a) The Legislature finds that the retirement of officers and employees of the state, school districts, and many cities, counties, and public jurisdictions in the state, is provided under several independently administered and highly complex systems that all share the distinctive feature of being organized to achieve results over the 30- to 40-year time frame that corresponds to the typical length of workers’ careers. +(b) These pension systems are organized and administered under highly technical statutes and protected by constitutional provisions. Certain provisions in the California Constitution, which are patterned upon the Employee Retirement Income Security Act, commonly known as ERISA, require that pension funds be invested for the sole interests of the beneficiaries and for the exclusive purpose of providing benefits and establish a standard of conduct that makes persons managing the pension systems fiduciaries with respect to how they manage the money. +(c) Development and change in these systems are interrelated and have important long-range implications both with respect to cost and to the retirement expectations of public employees and also the state and national economy, as the ability of persons to enter into retirement with a source of income to spend on goods and services in retirement provides an important source of demand for goods and services during economic downturns to assist eventual recovery as well as assisting the ability of public entities to transition their workforces to younger entry level employees as older workers are able to retire even during an economic downturn, thereby creating openings. +(d) The Legislature recognizes the need to coordinate this change and development and for continuing study and analysis of these systems and legislation affecting them. +(e) Therefore, it is the desire of the Legislature to provide for such continuing study and analysis by a joint legislative committee. +SEC. 3. +Section 10601 of the Government Code is amended to read: +10601. +(a) The Joint Pension Administration and Sustainability Committee is hereby created. The committee shall study and review the benefits, programs, actuarial condition, practices, investments, and procedures of, and all legislation relating to, the retirement systems for public officers and employees in this state and the trends and developments in the field of retirement, and make reports and recommendations thereon to +both houses of +the +Legislature and its respective houses. +Legislature. +The committee has a continuing existence and may meet, act, and conduct its business at any place within this state during sessions of the Legislature, or any recess thereof, and in the interim period between sessions. A copy of each bill that affects any public employee retirement system shall be transmitted to the committee, and the committee shall transmit an analysis, including an actuarial opinion if appropriate, to the policy committee responsible for the bill. +(b) A report submitted +pursuant +to the Legislature +pursuant to +subdivision (a) shall be submitted in compliance with Section 9795. +SEC. 4. +Section 10602 of the Government Code is amended to read: +10602. +The committee shall consist of a member from each of the following Senate committees: Banking and Financial Institutions, Governance and Finance, Health, Insurance, Labor and Industrial Relations, and Public Employment and Retirement, and a member from each of the following Assembly committees: Accountability and Administrative Review, Banking and Finance, Insurance, Labor and Employment, Local Government, Public Employees, Retirement and Social Security, and Revenue and Taxation. The members shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The committee shall elect its own chairman. Vacancies occurring in the membership of the committee between general sessions of the Legislature shall be filled in the manner provided for in the Joint Rules of the Senate and Assembly. A vacancy shall be deemed to exist as to any member of the committee whose term is expiring whenever such member is not reelected at the General Election. +SEC. 5. +Section 10605 of the Government Code is amended to read: +10605. +(a) The committee shall establish a board of experts. The board of experts shall include: the Controller, the chairpersons of the investment committees of the Board of Administration of the Public Employees’ Retirement System and of the Teachers’ Retirement Board of the Teachers’ Retirement System, the president and chairperson of those boards, respectively, the executive officers of those systems, the chiefs of investment of those systems, the chief actuaries of those systems, the pension managers and treasurers of two corporations, a manager of a city pension fund, and a manager of a county pension fund. +(b) The committee shall retain as consultants to the board of experts an independent +actuary +actuary, +a legal advisor recognized for expertise in pension and investment +law +law, +and an academician from a California university with recognized expertise in investing, pension administration, and the operation of financial markets. +(c) The board of experts shall be reimbursed for its actual and necessary expenses. +SEC. 6. +Section 10606 of the Government Code is amended to read: +10606. +(a) There shall be held during the last week of March of each year a joint meeting of the Joint Pension Administration and Sustainability Committee, the board of experts, the Board of Administration of the Public Employees’ Retirement System, the Teachers’ Retirement Board, the executive officers of those systems, and the State Treasurer, to review the performance of the systems. The annual reports of those systems and the financial reports and reports of operations shall be presented at the meeting. +(b) (1) At the meeting, the State Treasurer shall present a review of the investment practices of the Public Employees’ Retirement System and the State Teachers’ Retirement System and shall transmit a copy of the report to the committee. +(2) A report submitted pursuant to paragraph +(2) +(1) +shall be submitted in compliance with Section 9795.","Existing law creates the Joint Legislative Retirement Committee, prescribes the composition of the committee, and requires the committee to study and review the benefits, programs, actuarial condition, practices, investments and procedures of, and all legislation relating to, retirement systems for public officers and employees in this state as well as trends in the field of retirement. Existing law requires a copy of each bill that affects any public employee retirement system to be transmitted to the committee. Existing law requires the committee to establish a board of experts, the composition of which is prescribed, and to retain an independent actuary as a consultant to the board of experts. Existing law makes a statement of legislative findings in this regard. +This bill would rename the committee the Joint Pension Administration and Sustainability Committee and, in addition to the duties described above, would require the committee to make reports and recommendations to the Legislature +and its respective houses +on these retirement issues. The bill would revise the composition of the committee to reflect current legislative practice. The bill would require the committee to transmit an analysis for each bill submitted to it, including an actuarial opinion if appropriate, to the policy committee that is responsible for the bill. The bill would require the committee to retain a legal advisor recognized for expertise in pension and investment law and an academician from a California university with recognized expertise in investing, pension administration, and the operation of financial markets to act as consultants to its board of experts. The bill would revise the statement of legislative findings associated with these provisions.","An act to amend Sections 10600, 10601, 10602, 10605, and 10606 of, and to amend the heading of Chapter 5 (commencing with +Section +10600) of Part 2 of Division 2 of Title 2 of, the Government Code, relating to public employee retirement systems." +556,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 3.67 (commencing with Section 1597.80) is added to Division 2 of the Health and Safety Code, to read: +CHAPTER 3.67. Online Child Care Job Posting Services +1597.80. +For purposes of this chapter, the following definitions apply: +(a) “Online child care job posting service” means any person or business that provides or offers to provide parents or child care consumers with lists of, or profile information regarding, child care providers who are not required to be licensed pursuant to Section 1596.792, who are commonly referred to as nannies or babysitters, or a person or business that has an Internet Web site platform for these child care providers to publicize their availability to provide care or supervision of children. +(b) “Owner” means to a person or business that provides or offers an online child care job posting service. +1597.81. +(a) An online child care job posting service posting information on an Internet Web site shall include the following information regarding each child care provider profile or Internet Web page that lists child care provider information: +(1) A description of the trustline registry pursuant to Section 1596.60 with the following statement: “Trustline is California’s official background check for child care providers that are not required to be licensed (i.e. babysitters and nannies). It is the only authorized screening program for babysitters and nannies in the state with access to fingerprint records at the California Department of Justice and the Federal Bureau of Investigation and access to the Child Abuse Central Index”. +(2) The trustline registry toll-free number: 1-800-822-8490. +(3) A link to the trustline registry: Web site www.trustline.org. +(4) A description of the availability of free child care referrals in every county with the following statement: + +“In every county, the state-funded child care resource and referral program (R&R) provides free child care planning services that include child care referrals to licensed caregivers, and information on choosing child care, community resources, and help paying for child care. To find your local R&R call 1-800-KIDS-793.” + + +(5) The child care connection toll-free number: 1-800-KIDS-793. +(6) The child care connection Web site: www.mychildcareplan.org. +(7) The following statement about Oliver’s Law (enacted by Chapter 545 of the Statutes of 2006): +“Pursuant to Oliver’s Law, parents have the right to receive information regarding any substantiated or inconclusive complaint about any child care provider. That information is public and can be acquired by calling a local licensing office. Contact information for the local licensing office can be obtained by calling 1-800-KIDS-793 or by visiting www.ccld.ca.gov.” + + +(b) If the online child care job listing service provides a background check for the child care providers listed on its site or provides the ability for parents to request a background check using a background check service contracted by or referred by the owner of the Web site, the Internet Web site shall provide by means of a one-click link on each child care provider profile or Internet Web page that lists the child care provider’s information, a written description of the background check offered or provided that includes at a minimum: +(1) An easy-to-understand overview of what is included in the background check and what is not included. +(2) A chart that lists each county in California and the databases that are checked for each county, including the following information for each database, as applicable: +(A) The source of the data, the name of the database used, and a brief description of the data included in the database. +(B) The date range of the oldest data and the most recent data included. +(C) How often the information is updated. +(D) How the databases are checked (i.e. by name, social security number, fingerprints, etc.). +(E) A clear indication in the chart that notes the counties for which no data is available. +(F) A summary statement that clearly communicates the number of counties for which there is no background check data available. +(3) A list of any statewide or national background checks conducted and the information described in subparagraphs (A) and (B) of paragraph (2). +(4) A list of any other background checks conducted and the information described in subparagraphs (A) and (B) of paragraph (2). +1597.82. +(a) Upon a complaint received by the Community Care Licensing Division, the department shall review the Internet Web site named in the complaint. If the department determines that an online child care job posting service is in violation of this chapter or any rules or regulations promulgated under this chapter, a notice of violation shall be served upon the owner using the contact information provided on the Internet Web site. Each notice of violation shall be in writing and shall specify the nature of the violation and the statute, rule, or regulation alleged to have been violated, describe the opportunity for a fair hearing pursuant to regulations developed by the department consistent with the requirements described in subdivision (b), and specify the potential fine that may be imposed for a second or third violation pursuant to subdivision (c). +(b) In the first case of alleged noncompliance, the department shall provide written notice of the violation to the owner. The owner shall have 30 calendar days to correct the violation or request a hearing on the matter. If the owner has evidence that the site in question is in compliance, the owner shall submit proof of that compliance directly to the department. Evidence of compliance may be in the form of printouts, Internet Web links, screen shots, or other means determined to be acceptable by the department. The department shall develop regulations to govern the notice, the hearing, and the submission of evidence, for purposes of this section, consistent with due process. +(c) For second and subsequent violations, after reasonable notice and time to correct the violation, and the opportunity for a fair hearing on the matter, pursuant to regulations developed by the department, if the owner is found to be in violation of this chapter, the department shall impose a fine of one thousand dollars ($1,000) per violation. +(d) Any fines and penalties imposed and collected pursuant to this chapter shall be deposited into the Child Health and Safety Fund, as described in Section 18285.","Existing law prohibits a person, firm, partnership, association, or corporation from operating, establishing, managing, conducting, or maintaining a child day care facility without a current valid license. +Existing law requires the Community Care Licensing Division of the State Department of Social Services to regulate child care licensees. Existing law requires the department to establish a registry of child care providers who have undergone criminal background checks. These providers are known as registered trustline child care providers. Existing law also requires a licensed child day care facility to make available to the public licensing reports and other licensing documents that pertain to a facility visit or a substantiated complaint investigation, among other licensing issues. +Existing law establishes in the State Treasury the Child Health and Safety Fund. Existing law authorizes the department to allocate the funds, upon appropriation by the Legislature, for purposes that include site visits of day care centers and family day care homes. +This bill would require an online child care job posting service to include specified information regarding each child care provider on the Internet Web site profile or page that lists child care provider information, including a description of the trustline registry and the toll-free telephone number and the link to the Internet Web site for the registry, a description of the availability of free child care referrals in every county, and, if the service provides background checks, an easy-to-understand overview of what is included in the background check and what is not included. The bill would impose a fine of $1,000 for a 2nd or subsequent violation of these requirements, after written notice and an opportunity for a hearing. The bill would provide that fines collected pursuant to these provisions would be deposited in the Child Health and Safety Fund. The bill would also require the department to develop regulations for these purposes as specified.","An act to add Chapter 3.67 (commencing with Section 1597.80) to Division 2 of the Health and Safety Code, relating to child care." +557,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 82013 of the Government Code is amended to read: +82013. +“Committee” means any person or combination of persons who directly or indirectly does any of the following: +(a) Receives contributions totaling two thousand dollars ($2,000) or more in a calendar year. +(b) Makes independent expenditures totaling one thousand dollars ($1,000) or more in a calendar year; or +(c) Makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to or at the behest of candidates or committees. +A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to Section 84214. +SEC. 2. +Section 82036 of the Government Code is amended to read: +82036. +“Late contribution” means any of the following: +(a) A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a candidate, a controlled committee, or a committee formed or existing primarily to support or oppose a candidate or measure during the 90-day period preceding the date of the election, or on the date of the election, at which the candidate or measure is to be voted on. For purposes of the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board, “the date of the election” is the deadline to return ballots. +(b) A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a political party committee, as defined in Section 85205, within 90 days before the date of a state election or on the date of the election. +SEC. 3. +Section 82036.5 of the Government Code is amended to read: +82036.5. +“Late independent expenditure” means an independent expenditure that totals in the aggregate one thousand dollars ($1,000) or more and is made for or against a specific candidate or measure involved in an election during the 90-day period preceding the date of the election or on the date of the election. For purposes of the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board, “the date of the election” is the deadline to return ballots. +SEC. 4. +Section 84101 of the Government Code is amended to read: +84101. +(a) A committee that is a committee by virtue of subdivision (a) of Section 82013 shall file a statement of organization. The committee shall file the original of the statement of organization with the Secretary of State and shall also file a copy of the statement of organization with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. The original and copy of the statement of organization shall be filed within 10 days after the committee has qualified as a committee. The Secretary of State shall assign a number to each committee that files a statement of organization and shall notify the committee of the number. The Secretary of State shall send a copy of statements filed pursuant to this section to the county elections official of each county that he or she deems appropriate. A county elections official who receives a copy of a statement of organization from the Secretary of State pursuant to this section shall send a copy of the statement to the clerk of each city in the county that he or she deems appropriate. +(b) In addition to filing the statement of organization as required by subdivision (a), if a committee qualifies as a committee under subdivision (a) of Section 82013 before the date of an election in connection with which the committee is required to file preelection statements, but after the closing date of the last campaign statement required to be filed before the election pursuant to Section 84200.8 or 84200.9, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this subdivision shall be filed with the filing officer with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. +(c) If an independent expenditure committee qualifies as a committee pursuant to subdivision (a) of Section 82013 during the time period described in Section 82036.5 and makes independent expenditures of one thousand dollars ($1,000) or more to support or oppose a candidate or candidates for office, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this section shall be filed with the filing officer with whom the committee is required to file the original of its campaign reports pursuant to Section 84215, and shall be filed at all locations required for the candidate or candidates supported or opposed by the independent expenditures. The filings required by this section are in addition to filings that may be required by Section 84204. +(d) For purposes of this section, in calculating whether two thousand dollars ($2,000) in contributions has been received, payments for a filing fee or for a statement of qualifications to appear in a sample ballot shall not be included if these payments have been made from the candidate’s personal funds. +SEC. 5. +Section 84103 of the Government Code is amended to read: +84103. +(a) If there is a change in any of the information contained in a statement of organization, an amendment shall be filed within 10 days to reflect the change. The committee shall file the original of the amendment with the Secretary of State and shall also file a copy of the amendment with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. +(b) In addition to filing an amendment to a statement of organization as required by subdivision (a), a committee as defined in subdivision (a) of Section 82013 shall, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours, notify the filing officer with whom it is required to file the originals of its campaign reports pursuant to Section 84215 if the change requiring the amendment occurs before the date of the election in connection with which the committee is required to file a preelection statement, but after the closing date of the last preelection statement required to be filed for the election pursuant to Section 84200.8, if any of the following information is changed: +(1) The name of the committee. +(2) The name of the treasurer or other principal officers. +(3) The name of any candidate or committee by which the committee is controlled or with which it acts jointly. +The notification shall include the changed information, the date of the change, the name of the person providing the notification, and the committee’s name and identification number. +A committee may file a notification online only if the appropriate filing officer is capable of receiving the notification in that manner. +SEC. 6. +Section 84200.5 of the Government Code is repealed. +SEC. 7. +Section 84200.5 is added to the Government Code, to read: +84200.5. +In addition to the campaign statements required by Section 84200, elected officers, candidates, and committees shall file preelection statements as follows: +(a) All candidates appearing on the ballot to be voted on at the next election, their controlled committees, and committees primarily formed to support or oppose an elected officer, candidate, or a measure appearing on the ballot to be voted on at the next election shall file the applicable preelection statements specified in Section 84200.8. +(b) All elected state officers and candidates for elective state office who are not appearing on the ballot at the next statewide primary or general election, and who, during the preelection reporting periods covered by Section 84200.8, contribute to any committee required to report receipts, expenditures, or contributions pursuant to this title, or make an independent expenditure of five hundred dollars ($500) or more in connection with the statewide primary or general election, shall file the applicable preelection statements specified in Section 84200.8. +(c) A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013, other than a political party committee as defined in Section 85205, shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more in connection with the statewide primary or general election during the period covered by the preelection statements. However, a state or county general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8. +(d) A political party committee as defined in Section 85205 shall file the applicable preelection statements specified in Section 84200.8 in connection with a state election if the committee receives contributions totaling one thousand dollars ($1,000) or more, or if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more, in connection with the election during the period covered by the preelection statement. +(e) A city general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more in connection with a city election in the committee’s jurisdiction during the period covered by the preelection statements. However, a city general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8. +(f) During an election period for the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board: +(1) All candidates for these boards, their controlled committees, and committees primarily formed to support or oppose the candidates shall file the preelection statements specified in Section 84200.9. +(2) A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the preelection statements specified in Section 84200.9 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the preelection statement to support or oppose a candidate, or a committee primarily formed to support or oppose a candidate on the ballot for the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board. +(3) However, a general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the statements specified in Section 84200.9. +SEC. 8. +Section 84200.6 of the Government Code is amended to read: +84200.6. +In addition to the campaign statements required by Sections 84200 and 84200.5, all candidates and committees shall file the following special statements and reports: +(a) Late contribution reports, when required by Section 84203. +(b) Late independent expenditure reports, when required by Section 84204. +SEC. 9. +Section 84200.7 of the Government Code is repealed. +SEC. 10. +Section 84202.5 of the Government Code is repealed. +SEC. 11. +Section 84203.5 of the Government Code is repealed. +SEC. 12. +Section 84206 of the Government Code is amended to read: +84206. +(a) The commission shall provide by regulation for a short form for filing reports required by this article for candidates or officeholders who receive contributions of less than two thousand dollars ($2,000), and who make expenditures of less than two thousand dollars ($2,000), in a calendar year. +(b) For the purposes of this section, in calculating whether two thousand dollars ($2,000) in expenditures have been made, payments for a filing fee or for a statement of qualification shall not be included if these payments have been made from the candidate’s personal funds. +(c) Every candidate or officeholder who has filed a short form pursuant to subdivision (a), and who thereafter receives contributions or makes expenditures totaling two thousand dollars ($2,000) or more in a calendar year, shall send written notification to the Secretary of State, the local filing officer, and each candidate contending for the same office within 48 hours of receiving or expending a total of two thousand dollars ($2,000). The written notification shall revoke the previously filed short form statement. +SEC. 13. +Section 84207 of the Government Code is amended to read: +84207. +(a) An elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than two thousand dollars ($2,000) and who makes expenditures of less than two thousand dollars ($2,000) in a calendar year shall not be required to file any campaign statements required by this title. +(b) Notwithstanding Sections 81009.5 and 81013, a local government agency shall not impose any filing requirements on an elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than two thousand dollars ($2,000) and who makes expenditures of less than two thousand dollars ($2,000) in a calendar year. +SEC. 14. +Section 84218 of the Government Code is amended to read: +84218. +(a) A slate mailer organization shall file semiannual campaign statements no later than July 31 for the period ending June 30, and no later than January 31 for the period ending December 31. +(b) In addition to the semiannual statements required by subdivision (a), a slate mailer organization which produces a slate mailer supporting or opposing candidates or measures being voted on in an election shall file the statements specified in Section 84200.8 if, during the period covered by the preelection statement, the slate mailer organization receives payments totaling five hundred dollars ($500) or more from any person for the support of or opposition to candidates or ballot measures in one or more slate mailers, or expends five hundred dollars ($500) or more to produce one or more slate mailers. +(c) A slate mailer organization shall file two copies of its campaign reports with the clerk of the county in which it is domiciled. A slate mailer organization is domiciled at the address listed on its statement of organization unless it is domiciled outside California, in which case its domicile shall be deemed to be Los Angeles County for purposes of this section. +In addition, slate mailer organizations shall file campaign reports as follows: +(1) A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in a state election, or in more than one county, shall file campaign reports in the same manner as state general purpose committees pursuant to subdivision (a) of Section 84215. +(2) A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one county, or in more than one jurisdiction within one county, shall file campaign reports in the same manner as county general purpose committees pursuant to subdivision (c) of Section 84215. +(3) A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one city shall file campaign reports in the same manner as city general purpose committees pursuant to subdivision (d) of Section 84215. +(4) Notwithstanding the above, no slate mailer organization shall be required to file more than the original and one copy, or two copies, of a campaign report with any one county or city clerk or with the Secretary of State. +SEC. 15. +Section 85201 of the Government Code is amended to read: +85201. +(a) Upon the filing of the statement of intention pursuant to Section 85200, the individual shall establish one campaign contribution account at an office of a financial institution located in the state. +(b) As required by subdivision (f) of Section 84102, a candidate who raises contributions of two thousand dollars ($2,000) or more in a calendar year shall set forth the name and address of the financial institution where the candidate has established a campaign contribution account and the account number on the committee statement of organization filed pursuant to Sections 84101 and 84103. +(c) All contributions or loans made to the candidate, to a person on behalf of the candidate, or to the candidate’s controlled committee shall be deposited in the account. +(d) Any personal funds which will be utilized to promote the election of the candidate shall be deposited in the account prior to expenditure. +(e) All campaign expenditures shall be made from the account. +(f) Subdivisions (d) and (e) do not apply to a candidate’s payment for a filing fee and statement of qualifications from his or her personal funds. +(g) This section does not apply to a candidate who will not receive contributions and who makes expenditures from personal funds of less than two thousand dollars ($2,000) in a calendar year to support his or her candidacy. For purposes of this section, a candidate’s payment for a filing fee and statement of qualifications shall not be included in calculating the total expenditures made. +(h) An individual who raises contributions from others for his or her campaign, but who raises or spends less than two thousand dollars ($2,000) in a calendar year, and does not qualify as a committee under Section 82013, shall establish a campaign contribution account pursuant to subdivision (a), but is not required to file a committee statement of organization pursuant to Section 84101 or other statement of bank account information. +SEC. 16. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 17. +The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.","Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. The act requires elected officers, candidates, and committees to file various reports, including semiannual reports, preelection statements, and supplemental preelection statements. +This bill would recast the requirements for filing preelection statements and would repeal other reporting requirements, including supplemental preelection statements and supplemental independent expenditure reports. +The act defines “committee” to include a person or combination of persons who receives contributions or makes independent expenditures of $1,000 or more in a calendar year. The act defines “late contributions” and “late independent expenditures” for purposes of the act to include certain contributions and independent expenditures, respectively, that are made within 90 days before the date of the election. +This bill would revise the definition of “committee” by increasing the qualifying monetary threshold to $2,000 for contributions received by a person or combination of persons. +This bill would revise the definitions of “late contributions” and “late independent expenditures” to specify that those terms also include contributions and independent expenditures that are made on the date of the election. +The bill would also make conforming changes. +A violation of the act’s provisions is punishable as a misdemeanor. By expanding the scope of a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a +2/3 +vote of each house and compliance with specified procedural requirements. +This bill would declare that it furthers the purposes of the act.","An act to amend Sections 82013, 82036, 82036.5, 84101, 84103, 84200.6, 84206, 84207, 84218, and 85201 of, to repeal Sections 84200.7, 84202.5, and 84203.5 of, and to repeal and add Section 84200.5 of, the Government Code, relating to the Political Reform Act of 1974." +558,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 5300 of the Civil Code is amended to read: +5300. +(a) Notwithstanding a contrary provision in the governing documents, an association shall distribute an annual budget report 30 to 90 days before the end of its fiscal year. +(b) Unless the governing documents impose more stringent standards, the annual budget report shall include all of the following information: +(1) A pro forma operating budget, showing the estimated revenue and expenses on an accrual basis. +(2) A summary of the association’s reserves, prepared pursuant to Section 5565. +(3) A summary of the reserve funding plan adopted by the board, as specified in paragraph (5) of subdivision (b) of Section 5550. The summary shall include notice to members that the full reserve study plan is available upon request, and the association shall provide the full reserve plan to any member upon request. +(4) A statement as to whether the board has determined to defer or not undertake repairs or replacement of any major component with a remaining life of 30 years or less, including a justification for the deferral or decision not to undertake the repairs or replacement. +(5) A statement as to whether the board, consistent with the reserve funding plan adopted pursuant to Section 5560, has determined or anticipates that the levy of one or more special assessments will be required to repair, replace, or restore any major component or to provide adequate reserves therefor. If so, the statement shall also set out the estimated amount, commencement date, and duration of the assessment. +(6) A statement as to the mechanism or mechanisms by which the board will fund reserves to repair or replace major components, including assessments, borrowing, use of other assets, deferral of selected replacements or repairs, or alternative mechanisms. +(7) A general statement addressing the procedures used for the calculation and establishment of those reserves to defray the future repair, replacement, or additions to those major components that the association is obligated to maintain. The statement shall include, but need not be limited to, reserve calculations made using the formula described in paragraph (4) of subdivision (b) of Section 5570, and may not assume a rate of return on cash reserves in excess of 2 percent above the discount rate published by the Federal Reserve Bank of San Francisco at the time the calculation was made. +(8) A statement as to whether the association has any outstanding loans with an original term of more than one year, including the payee, interest rate, amount outstanding, annual payment, and when the loan is scheduled to be retired. +(9) A summary of the association’s property, general liability, earthquake, flood, and fidelity insurance policies. For each policy, the summary shall include the name of the insurer, the type of insurance, the policy limit, and the amount of the deductible, if any. To the extent that any of the required information is specified in the insurance policy declaration page, the association may meet its obligation to disclose that information by making copies of that page and distributing it with the annual budget report. The summary distributed pursuant to this paragraph shall contain, in at least 10-point boldface type, the following statement: + + +“This summary of the association’s policies of insurance provides only certain information, as required by Section 5300 of the Civil Code, and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance. Any association member may, upon request and provision of reasonable notice, review the association’s insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the association maintains the policies of insurance specified in this summary, the association’s policies of insurance may not cover your property, including personal property or real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance broker or agent for appropriate additional coverage.” + + +(c) The annual budget report shall be made available to the members pursuant to Section 5320. +(d) The summary of the association’s reserves disclosed pursuant to paragraph (2) of subdivision (b) shall not be admissible in evidence to show improper financial management of an association, provided that other relevant and competent evidence of the financial condition of the association is not made inadmissible by this provision. +(e) The Assessment and Reserve Funding Disclosure Summary form, prepared pursuant to Section 5570, shall accompany each annual budget report or summary of the annual budget report that is delivered pursuant to this article. +(f) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 2. +Section 5300 is added to the Civil Code, to read: +5300. +(a) Notwithstanding a contrary provision in the governing documents, an association shall distribute an annual budget report 30 to 90 days before the end of its fiscal year. +(b) Unless the governing documents impose more stringent standards, the annual budget report shall include all of the following information: +(1) A pro forma operating budget, showing the estimated revenue and expenses on an accrual basis. +(2) A summary of the association’s reserves, prepared pursuant to Section 5565. +(3) A summary of the reserve funding plan adopted by the board, as specified in paragraph (5) of subdivision (b) of Section 5550. The summary shall include notice to members that the full reserve study plan is available upon request, and the association shall provide the full reserve plan to any member upon request. +(4) A statement as to whether the board has determined to defer or not undertake repairs or replacement of any major component with a remaining life of 30 years or less, including a justification for the deferral or decision not to undertake the repairs or replacement. +(5) A statement as to whether the board, consistent with the reserve funding plan adopted pursuant to Section 5560, has determined or anticipates that the levy of one or more special assessments will be required to repair, replace, or restore any major component or to provide adequate reserves therefor. If so, the statement shall also set out the estimated amount, commencement date, and duration of the assessment. +(6) A statement as to the mechanism or mechanisms by which the board will fund reserves to repair or replace major components, including assessments, borrowing, use of other assets, deferral of selected replacements or repairs, or alternative mechanisms. +(7) A general statement addressing the procedures used for the calculation and establishment of those reserves to defray the future repair, replacement, or additions to those major components that the association is obligated to maintain. The statement shall include, but need not be limited to, reserve calculations made using the formula described in paragraph (4) of subdivision (b) of Section 5570, and may not assume a rate of return on cash reserves in excess of 2 percent above the discount rate published by the Federal Reserve Bank of San Francisco at the time the calculation was made. +(8) A statement as to whether the association has any outstanding loans with an original term of more than one year, including the payee, interest rate, amount outstanding, annual payment, and when the loan is scheduled to be retired. +(9) A summary of the association’s property, general liability, earthquake, flood, and fidelity insurance policies. For each policy, the summary shall include the name of the insurer, the type of insurance, the policy limit, and the amount of the deductible, if any. To the extent that any of the required information is specified in the insurance policy declaration page, the association may meet its obligation to disclose that information by making copies of that page and distributing it with the annual budget report. The summary distributed pursuant to this paragraph shall contain, in at least 10-point boldface type, the following statement: + + +“This summary of the association’s policies of insurance provides only certain information, as required by Section 5300 of the Civil Code, and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance. Any association member may, upon request and provision of reasonable notice, review the association’s insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the association maintains the policies of insurance specified in this summary, the association’s policies of insurance may not cover your property, including personal property or real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance broker or agent for appropriate additional coverage.” + + +(10) When the common interest development is a condominium project, a statement describing the status of the common interest development as a Federal Housing Administration (FHA)-approved condominium project pursuant to FHA guidelines, including whether the common interest development is an FHA-approved condominium project. The statement shall be in at least 10-point font on a separate piece of paper and in the following form: + + +“Certification by the Federal Housing Administration may provide benefits to members of an association, including an improvement in an owner’s ability to refinance a mortgage or obtain secondary financing and an increase in the pool of potential buyers of the separate interest. +This common interest development [is/is not (circle one)] a condominium project. The association of this common interest development [is/is not (circle one)] certified by the Federal Housing Administration.” + + +(11) When the common interest development is a condominium project, a statement describing the status of the common interest development as a federal Department of Veterans Affairs (VA)-approved condominium project pursuant to VA guidelines, including whether the common interest development is a VA-approved condominium project. The statement shall be in at least 10-point font on a separate piece of paper and in the following form: + + +“Certification by the federal Department of Veterans Affairs may provide benefits to members of an association, including an improvement in an owner’s ability to refinance a mortgage or obtain secondary financing and an increase in the pool of potential buyers of the separate interest. +This common interest development [is/is not (circle one)] a condominium project. The association of this common interest development [is/is not (circle one)] certified by the federal Department of Veterans Affairs.” + + +(c) The annual budget report shall be made available to the members pursuant to Section 5320. +(d) The summary of the association’s reserves disclosed pursuant to paragraph (2) of subdivision (b) shall not be admissible in evidence to show improper financial management of an association, provided that other relevant and competent evidence of the financial condition of the association is not made inadmissible by this provision. +(e) The Assessment and Reserve Funding Disclosure Summary form, prepared pursuant to Section 5570, shall accompany each annual budget report or summary of the annual budget report that is delivered pursuant to this article. +(f) This section shall become operative on July 1, 2016.","Existing law governing common interest developments, the Davis-Stirling Common Interest Development Act, requires the association of a common interest development, which includes a condominium project, to prepare and distribute to all of its members certain documents, including an annual budget report that includes, among other items of information, a pro forma operating budget. The act requires a notice to be provided if an insurance policy described in the annual budget report lapses, is canceled, or is not immediately renewed, restored, or replaced, or if there is a significant change as to the policy. +This bill would, beginning July 1, 2016, require the annual budget report of a condominium project to also include a separate statement describing the status of the common interest development as a Federal Housing Administration (FHA)-approved condominium project and as a federal Department of Veterans Affairs (VA)-approved condominium project.","An act to amend, repeal, and add Section 5300 of the Civil Code, relating to common interest developments." +559,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 36 of the +Code of Civil Procedure +is amended to read: +36. +(a)A party to a civil action who is over 70 years of age may petition the court for preference, which the court shall grant if the court makes both of the following findings: +(1)The party has a substantial interest in the action as a whole. +(2)The health of the party is such that preference is necessary to prevent prejudicing the party’s interest in the litigation. +(b)A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision. +(c)Unless the court otherwise orders: +(1)A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared. +(2)At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference. +(d)In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. +(e)Notwithstanding any other law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference. +(f)Upon the granting of a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. A continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party. +(g)Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider’s alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted. +(h)In an asbestos tort action, as defined in Section 821, a plaintiff shall be entitled to preference if he or she has complied with the disclosure requirements of subdivision (a) of Section 822. A plaintiff filing a motion for preference shall submit a sworn affidavit in support of the motion stating that he or she has complied with those disclosure requirements. +SEC. 2. +SECTION 1. +Chapter 6 (commencing with Section 820) is added to Title 10 of Part 2 of the Code of Civil Procedure, to read: +CHAPTER 6. Actions Relating to Asbestos Tort Claims +820. +This chapter shall be known and may be cited as the Asbestos Tort Claim Trust Transparency Act. +821. +The following terms are defined as follows: +(a) “Asbestos tort action” means any action involving an asbestos tort claim. +(b) “Asbestos tort claim” means a claim for damages, loss, indemnification, contribution, restitution, or other relief, including punitive damages, related to personal injury or death of a person arising out of an alleged exposure to asbestos, including, without limitation, lost earnings or earning capacity, medical expenses, medical monitoring, loss of consortium, loss of the ability to provide household services, loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance, mental or emotional distress, pain and suffering, or any other harm that may be asserted under law. +(c) “Asbestos trust” means a trust entity, qualified settlement fund, or claims processing facility established or in the process of being established pursuant to an administrative or legal action or a United States Bankruptcy court pursuant to Section 524(g) of Title 11, or Section 40101 of Title 49, of the United States Code, or other law formed for the purpose of compensating claimants asserting eligible asbestos tort claims. +(d) “Asbestos trust claim” means any asbestos tort claim filed or that could be filed with an asbestos trust. +(e) “Asbestos trust claim documents” means all writings, as defined by Section 250 of the Evidence Code, and information relevant to a pending or potential claim against an asbestos trust, including any communications between the plaintiff and an asbestos trust and all proof of claim forms and supplementary or supporting materials submitted to or required by an asbestos +, +trust, including, without limitation, affidavits, declarations, interrogatory responses, deposition and trial testimony, economic loss documentation, medical records, death +certificate and certificate +certificates and certificates +of official capacity. +(f) “Include” or “including” means include or including, but not limited to. +(g) “Plaintiff” means a plaintiff in an asbestos tort action and any person acting on the plaintiff’s behalf, including +, but not limited to, +the plaintiff’s attorney. +822. +(a) A plaintiff in an asbestos tort action shall produce, at the same time he or she serves answers to interrogatories propounded pursuant to Article 1 (commencing with Section 2030.010) of Chapter 13 of Title 4 of Part 4, all asbestos trust claim documents sent to, received from, shown to, exchanged with, or otherwise disclosed to an established or pending asbestos trust, including an asbestos trust administrator or his or her agents, a court supervising an asbestos trust or its agents, or an asbestos trust claims processing facility or its agents, for any purpose, including supporting a claim for an asbestos-related injury, or providing notice of, or reserving a place for, a future claim for compensation for an asbestos-related injury. +(b) A production of documents made pursuant to subdivision (a) shall include all of the following: +(1) Ballots. +(2) Questionnaires. +(3) Submitted or filed forms. +(4) Summaries. +(5) Claims. +(6) Placeholder claims. +(7) Requests for extensions. +(8) Requests for details. +(9) All documents that support the documents described in paragraphs (1) to (8), inclusive. +(10) All communications related to the documents described in paragraphs (1) to (8), inclusive. +(11) All documents filed, lodged, or submitted on or after January 1, 2017, pursuant to Rule 2019 of the Federal Rules of Bankruptcy Procedure. +(c) The plaintiff shall supplement the information and materials produced pursuant to subdivisions (a), (b), and (d), no later than five days before trial. Documents related to bankruptcy claims and declarations shall be produced when those documents and declarations are received or submitted, but no later than five days before trial. +(d) In addition to the production required by subdivisions (a) and (b), declarations and affidavits in the plaintiff’s possession that have been circulated to a person or entity other than the plaintiff and that include facts regarding the plaintiff’s or decedent’s exposure to asbestos or an asbestos-related injury shall be produced for each asbestos tort claim. +(e) Documents described in subdivisions (a), (b), and (d) are not subject to a claim of privilege and shall be produced for each asbestos tort claim. +(f) (1) In answering interrogatories propounded pursuant to Article 1 (commencing with Section 2030.010) of Chapter 13 of Title 4 of Part 4, the plaintiff shall disclose the facts relating to his or her alleged exposure to asbestos, whether from products or premises attributable to the defendant that propounded the interrogatories or attributable to another entity, and regardless of whether the facts have been, or ever will be, included in an asbestos tort claim submitted to a third party for the +purposes +purpose +of obtaining compensation for an asbestos-related injury. +(2) The plaintiff shall not object or refuse to disclose facts related to his or her asbestos exposure in answering interrogatories on the basis of any of the following: +(A) An asbestos trust claim has not been made. +(B) An asbestos trust claim will not be made. +(C) The facts appear in an otherwise privileged document +, +including a signed affidavit or unsubmitted bankruptcy trust claim form. +(3) The attorney-client privilege and the attorney work product privilege are not waived by disclosing facts pursuant to this subdivision. +(g) If a plaintiff fails to comply with requirements of subdivisions (a) to (d), inclusive, the defendant may file a motion to compel compliance with the requirements of subdivisions (a) to (d), inclusive. +823. +At the same time a plaintiff answers interrogatories and produces documents pursuant to subdivisions (a), (b), and (d), of Section 822, the plaintiff shall execute and provide an authorization, as may be required by an asbestos trust, to facilitate the release of asbestos trust claim documents sought by the defendant. +824. +(a) In an asbestos tort action, a court shall retain jurisdiction over the action for four years after entry of judgment to hear motions, order discovery, make determinations regarding reduction of claims pursuant to Section 877 for any sums received by a plaintiff from an asbestos trust or from other defendants, whether received before or after entry of judgment, or to otherwise make determinations or enforce remedies regarding issues related to this chapter. +(b) This section does not limit or otherwise affect any rights or remedies otherwise +available under the law. +available. +825. +This chapter +shall apply +applies +to all asbestos tort actions filed on or after January 1, 2017, and all asbestos tort actions pending on January 1, 2017, if the initial trial date in the asbestos tort action has not yet passed.","Existing law provides generally for procedures governing civil actions. Existing law imposes additional procedures that apply with respect to limited types of civil actions. +This bill would enact the Asbestos Tort Claim Trust Transparency Act, which would establish additional procedures with respect to civil actions pertaining to asbestos tort claims, as defined. The bill would, among other things, require that a plaintiff produce, at the same time he or she serves answers to interrogatories, all asbestos trust claim documents, as specified, and would provide that these documents are not subject to a claim of privilege. The bill would also require the plaintiff, in answering interrogatories, to disclose the facts related to his or her alleged exposure to asbestos. The bill would authorize a defendant to file a motion to compel the plaintiff’s compliance with the production and disclosure requirements, as described above. The bill would require the court to retain jurisdiction over an asbestos tort action for 4 years after entry of judgment for certain purposes. +Existing law requires a court to grant a petition of a party to a civil action who is over 70 years of age for a preference if the court makes certain findings. Existing law authorizes a court to grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference. +This bill provide that a plaintiff is entitled to a trial preference if he or she has complied with specific disclosure requirements and would require a plaintiff in an asbestos tort action who files a motion for preference to submit a sworn affidavit that he or she has complied with those disclosure requirements.","An act to +amend Section 36 of, and to +add Chapter 6 (commencing with Section 820) to Title 10 of Part 2 of, the Code of Civil Procedure, relating to civil claims." +560,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6027 of the Penal Code is amended to read: +6027. +(a) The Board of State and Community Corrections shall collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, including, but not limited to, prevention, intervention, suppression, supervision, and incapacitation, as they relate to both adult corrections, juvenile justice, and gang problems. The board shall seek to collect and make publicly available up-to-date data and information reflecting the impact of state and community correctional, juvenile justice, and gang-related policies and practices enacted in the state, as well as information and data concerning promising and evidence-based practices from other jurisdictions. +(b) Consistent with subdivision (c) of Section 6024, the board shall also: +(1) Develop recommendations for the improvement of criminal justice and delinquency and gang prevention activity throughout the state. +(2) Identify, promote, and provide technical assistance relating to evidence-based programs, practices, and promising and innovative projects consistent with the mission of the board. +(3) Develop definitions of key terms, including, but not limited to, “recidivism,” “average daily population,” “treatment program completion rates,” and any other terms deemed relevant in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based practices, promising evidence-based practices, and evidence-based programs. In developing these definitions, the board shall consult with the following stakeholders and experts: +(A) A county supervisor or county administrative officer, selected after conferring with the California State Association of Counties. +(B) A county sheriff, selected after conferring with the California State Sheriffs’ Association. +(C) A chief probation officer, selected after conferring with the Chief Probation Officers of California. +(D) A district attorney, selected after conferring with the California District Attorneys Association. +(E) A public defender, selected after conferring with the California Public Defenders Association. +(F) The Secretary of the Department of Corrections and Rehabilitation. +(G) A representative from the Administrative Office of the Courts. +(H) A representative from a nonpartisan, nonprofit policy institute with experience and involvement in research and data relating to California’s criminal justice system. +(I) A representative from a nonprofit agency providing comprehensive reentry services. +(4) Receive and disburse federal funds, and perform all necessary and appropriate services in the performance of its duties as established by federal acts. +(5) Develop comprehensive, unified, and orderly procedures to ensure that applications for grants are processed fairly, efficiently, and in a manner consistent with the mission of the board. +(6) Identify delinquency and gang intervention and prevention grants that have the same or similar program purpose, are allocated to the same entities, serve the same target populations, and have the same desired outcomes for the purpose of consolidating grant funds and programs and moving toward a unified single delinquency intervention and prevention grant application process in adherence with all applicable federal guidelines and mandates. +(7) Cooperate with and render technical assistance to the Legislature, state agencies, units of general local government, combinations of those units, or other public or private agencies, organizations, or institutions in matters relating to criminal justice and delinquency prevention. +(8) Develop incentives for units of local government to develop comprehensive regional partnerships whereby adjacent jurisdictions pool grant funds in order to deliver services, such as job training and employment opportunities, to a broader target population, including at-risk youth, and maximize the impact of state funds at the local level. +(9) Conduct evaluation studies of the programs and activities assisted by the federal acts. +(10) Identify and evaluate state, local, and federal gang and youth violence suppression, intervention, and prevention programs and strategies, along with funding for those efforts. The board shall assess and make recommendations for the coordination of the state’s programs, strategies, and funding that address gang and youth violence in a manner that maximizes the effectiveness and coordination of those programs, strategies, and resources. By January 1, 2014, the board shall develop funding allocation policies to ensure that within three years no less than 70 percent of funding for gang and youth violence suppression, intervention, and prevention programs and strategies is used in programs that utilize promising and proven evidence-based principles and practices. The board shall communicate with local agencies and programs in an effort to promote the best evidence-based principles and practices for addressing gang and youth violence through suppression, intervention, and prevention. +(11) The board shall collect from each county the plan submitted pursuant to Section 1230.1 within two months of adoption by the county boards of supervisors. Commencing January 1, 2013, and annually thereafter, the board shall collect and analyze available data regarding the implementation of the local plans and other outcome-based measures, as defined by the board in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs’ Association. By July 1, 2013, and annually thereafter, the board shall provide to the Governor and the Legislature a report on the implementation of the plans described above. +(12) Commencing on and after July 1, 2012, the board, in consultation with the Administrative Office of the Courts, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, shall support the development and implementation of first phase baseline and ongoing data collection instruments to reflect the local impact of Chapter 15 of the Statutes of 2011, specifically related to dispositions for felony offenders and postrelease community supervision. The board shall make any data collected pursuant to this paragraph available on the board’s Internet Web site. It is the intent of the Legislature that the board promote collaboration and the reduction of duplication of data collection and reporting efforts where possible. +(13) Commencing on and after July 1, 2016, the board, in consultation with the Administrative Office of the Courts, +the California District Attorneys Association, +the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, shall collect and analyze data regarding recidivism rates of all persons who receive a sentence pursuant to paragraph (2) or (5) of subdivision (h) of Section 1170 or who are placed on postrelease community supervision on or after July 1, 2016. The data shall include, as it becomes available, recidivism rates for these offenders one, two, and three years after their release in the community. The board shall make any data collected pursuant to this paragraph available on the board’s Internet Web site on a quarterly basis beginning on September 1, 2017. As used in this paragraph, the term “recidivism” shall have the same meaning as the definition of the term developed pursuant to paragraph (3). +(c) The board may do either of the following: +(1) Collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of criminal justice in the state. +(2) Perform other functions and duties as required by federal acts, rules, regulations, or guidelines in acting as the administrative office of the state planning agency for distribution of federal grants. +(d) Nothing in this chapter shall be construed to include, in the provisions set forth in this section, funds already designated to the Local Revenue Fund 2011 pursuant to Section 30025 of the Government Code.","Existing law requires the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, as specified. Existing law also requires the board, in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs’ Association, to collect and analyze data regarding local plans implementing the 2011 public safety realignment. +This bill would require the board, in consultation with the Administrative Office of the Courts, +the California District Attorneys Association, +the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, to collect and analyze data regarding recidivism rates of all persons who receive a felony sentence punishable by imprisonment in county jail or who are placed on postrelease community supervision. The bill would also require the board to make this data available on the board’s Internet Web site.","An act to amend Section 6027 of the Penal Code, relating to corrections." +561,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 313.5 is added to the Vehicle Code, to read: +313.5. +An “electrically motorized board” is any wheeled device that has a floorboard designed to be stood upon when riding that is not greater than 60 inches deep and 18 inches wide, is designed to transport only one person, and has an electric propulsion system averaging less than 1,000 watts, the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 20 miles per hour. The device may be designed to also be powered by human propulsion. +SEC. 2. +Section 21113 of the Vehicle Code is amended to read: +21113. +(a) A person shall not drive a vehicle or animal, or stop, park, or leave standing a vehicle or animal, whether attended or unattended, upon the driveways, paths, parking facilities, or the grounds of any public school, state university, state college, unit of the state park system, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission created pursuant to Section 130050 of the Public Utilities Code, joint powers agency operating or managing a commuter rail system, or any property under the direct control of the legislative body of a municipality, or a state, county, or hospital district institution or building, or an educational institution exempted, in whole or in part, from taxation, or any harbor improvement district or harbor district formed pursuant to Part 2 (commencing with Section 5800) or Part 3 (commencing with Section 6000) of Division 8 of the Harbors and Navigation Code, a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or state grounds served by the Department of the California Highway Patrol, or any property under the possession or control of a housing authority formed pursuant to Article 2 (commencing with Section 34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, except with the permission of, and upon and subject to any condition or regulation that may be imposed by, the legislative body of the municipality, or the governing board or officer of the public school, state university, state college, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission, joint powers agency operating or managing a commuter rail system, or state, county, or hospital district institution or building, or educational institution, or harbor district, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or housing authority, or the Direczed to do either of the following: +(1) Enforce that condition or regulation in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of this code. The public transportation agency shall be considered the issuing agency for that purpose. +(2) Designate regularly employed and salaried employees, who are engaged in directing traffic or enforcing parking laws and regulations, for the purpose of removing any vehicle in the same manner as a city, county, or jurisdiction of a state agency pursuant to Chapter 10 (commencing with Section 22650) of Division 11 of this code. +(e) With respect to the permitted use of vehicles or animals on property under the direct control of the legislative body of a municipality, no change in the use of vehicles or animals on the property, that had been permitted on January 1, 1976, shall be effective unless and until the legislative body, at a meeting open to the general public, determines that the use of vehicles or animals on the property should be prohibited or regulated. +(f) A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, electrically motorized boards, and roller skates on property under the control of, or any portion of property used by, the board. +(g) A public agency, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, may adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency. +(h) “Housing authority,” for the purposes of this section, means a housing authority located within a county with a population of over 6,000,000 people, and any other housing authority that complies with the requirements of this section. +(i) “Public transportation agency,” for purposes of this section, means a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of the California Constitution. +SEC. 2.5. +Section 21113 of the Vehicle Code is amended to read: +21113. +(a) A person shall not drive a vehicle or animal, or stop, park, or leave standing a vehicle or animal, whether attended or unattended, upon the driveways, paths, parking facilities, or the grounds of any public school, state university, state college, unit of the state park system, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission created pursuant to Section 130050 of the Public Utilities Code, joint powers agency operating or managing a commuter rail system, or any property under the direct control of the legislative body of a municipality, or a state, county, or hospital district institution or building, or an educational institution exempted, in whole or in part, from taxation, or any harbor improvement district or harbor district formed pursuant to Part 2 (commencing with Section 5800) or Part 3 (commencing with Section 6000) of Division 8 of the Harbors and Navigation Code, a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or state grounds served by the Department of the California Highway Patrol, or any property under the possession or control of a housing authority formed pursuant to Article 2 (commencing with Section 34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, except with the permission of, and upon and subject to any condition or regulation that may be imposed by, the legislative body of the municipality, or the governing board or officer of the public school, state university, state college, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission, joint powers agency operating or managing a commuter rail system, or state, county, or hospital district institution or building, or educational institution, or harbor district, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or housing authority, or the Director of Parks and Recreation regarding units of the state park system or the state agency with jurisdiction over the grounds served by the Department of the California Highway Patrol. +(b) A governing board, legislative body, or officer shall erect or place appropriate signs giving notice of any special conditions or regulations that are imposed under this section and the governing board, legislative body, or officer shall also prepare and keep available at the principal administrative office of the governing board, legislative body, or officer, for examination by all interested persons, a written statement of all those special conditions and regulations adopted pursuant to this section. +(c) When a governing board, legislative body, or officer permits public traffic upon the driveways, paths, parking facilities, or grounds under their control then, except for those conditions imposed or regulations enacted by the governing board, legislative body, or officer applicable to the traffic, all the provisions of this code relating to traffic upon the highways shall be applicable to the traffic upon the driveways, paths, parking facilities, or grounds. +(d) A public transportation agency that imposes any condition or regulation upon a person who parks or leaves standing a vehicle, pursuant to subdivision (a), is authorized to do either of the following: +(1) Enforce that condition or regulation in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of this code. The public transportation agency shall be considered the issuing agency for that purpose. +(2) Designate regularly employed and salaried employees, who are engaged in directing traffic or enforcing parking laws and regulations, for the purpose of removing any vehicle in the same manner as a city, county, or jurisdiction of a state agency pursuant to Chapter 10 (commencing with Section 22650) of Division 11 of this code. +(e) With respect to the permitted use of vehicles or animals on property under the direct control of the legislative body of a municipality, no change in the use of vehicles or animals on the property, that had been permitted on January 1, 1976, shall be effective unless and until the legislative body, at a meeting open to the general public, determines that the use of vehicles or animals on the property should be prohibited or regulated. +(f) A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on property under the control of, or any portion of property used by, the board. +(g) A public agency, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, may adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency. +(h) “Housing authority,” for the purposes of this section, means a housing authority located within a county with a population of over 6,000,000 people, and any other housing authority that complies with the requirements of this section. +(i) “Public transportation agency,” for purposes of this section, means a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of the California Constitution. +SEC. 3. +Article 7 (commencing with Section 21290) is added to Chapter 1 of Division 11 of the Vehicle Code, to read: +Article 7. Operation of Electrically Motorized Boards +21290. +(a) For purposes of this article, “bikeway” is defined in Section 890.4 of the Streets and Highways Code. +(b) For purposes of this article, an “electrically motorized board” is defined in Section 313.5. +21291. +An electrically motorized board shall be operated only by a person who is 16 years of age or older. +21292. +A person shall not operate an electrically motorized board upon a highway, bikeway, or any other public bicycle path, sidewalk, or trail, unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212. +21293. +(a) Every electrically motorized board operated upon a highway during darkness shall be equipped with all of the following: +(1) Except as provided in subdivision (b), a lamp emitting a white light that, while the electrically motorized board is in motion, illuminates the highway in front of the operator and is visible from a distance of 300 feet in front of the electrically motorized board. +(2) Except as provided in subdivision (c), a red reflector on the rear that is visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. +(3) Except as provided in subdivision (d), a white or yellow reflector on each side that is visible from a distance of 200 feet from the sides of the electrically motorized board. +(b) A lamp or lamp combination, emitting a white light, attached to the operator and visible from a distance of 300 feet in front of the electrically motorized board, may be used in lieu of the lamp required by paragraph (1) of subdivision (a). +(c) A red reflector, or reflectorizing material meeting the requirements of Section 25500, attached to the operator and visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle, may be used in lieu of the reflector required by paragraph (2) of subdivision (a). +(d) A white or yellow reflector, or reflectorizing material meeting the requirements of Section 25500, attached to the operator and visible from a distance of 200 feet from the sides of the electrically motorized board, may be used in lieu of the reflector required by paragraph (3) of subdivision (a). +21294. +(a) Electrically motorized boards shall only operate upon a highway designated with a speed limit of 35 miles per hour or less, unless the electrically motorized board is operated entirely within a designated Class II or Class IV bikeway. +(b) A person shall not operate an electrically motorized board upon a highway, bikeway, or any other public bicycle path, sidewalk, or trail, at a speed in excess of 15 miles per hour. +(c) Notwithstanding subdivision (b), a person shall not operate an electrically motorized board at a speed greater than is reasonable or prudent having due regard for weather, visibility, pedestrian and vehicular traffic, and the surface and width of the highway, bikeway, public bicycle path, sidewalk, or trail, and in no event at a speed that endangers the safety of any person or property. +21295. +The Commissioner of the California Highway Patrol shall submit a report to the Legislature, on or before January 1, 2021, to assist in determining the effect that the use of electrically motorized boards has on traffic safety. The report shall include detailed statewide traffic collision data involving electrically motorized boards, including property damage only, injury, and fatal traffic collisions. The report shall be submitted in compliance with Section 9795 of the Government Code. Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2025. +21296. +(a) It is unlawful for a person to operate an electrically motorized board upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. +(b) A person arrested for a violation of this section may request to have a chemical test made of his or her blood or breath for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to subdivision (d) of Section 23612, and, if so requested, the arresting officer shall have the test performed. +(c) A conviction for a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). +SEC. 4. +Section 21960 of the Vehicle Code is amended to read: +21960. +(a) The Department of Transportation and local authorities, by order, ordinance, or resolution, with respect to freeways, expressways, or designated portions thereof under their respective jurisdictions, to which vehicle access is completely or partially controlled, may prohibit or restrict the use of the freeways, expressways, or any portion thereof by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motor-driven cycle, motorized bicycle, motorized scooter, or electrically motorized board. A prohibition or restriction pertaining to bicycles, motor-driven cycles, motorized scooters, or electrically motorized boards shall be deemed to include motorized bicycles. A person shall not operate a motorized bicycle wherever that prohibition or restriction is in force. Notwithstanding any order, ordinance, or resolution to the contrary, the driver or passengers of a disabled vehicle stopped on a freeway or expressway may walk to the nearest exit, in either direction, on that side of the freeway or expressway upon which the vehicle is disabled, from which telephone or motor vehicle repair services are available. +(b) The prohibitory regulation authorized by subdivision (a) shall be effective when appropriate signs giving notice thereof are erected upon any freeway or expressway and the approaches thereto. If any portion of a county freeway or expressway is contained within the limits of a city within the county, the county may erect signs on that portion as required under this subdivision if the ordinance has been approved by the city pursuant to subdivision (b) of Section 1730 of the Streets and Highways Code. +(c) No ordinance or resolution of local authorities shall apply to any state highway until the proposed ordinance or resolution has been presented to, and approved in writing by, the Department of Transportation. +(d) An ordinance or resolution adopted under this section on or after January 1, 2005, to prohibit pedestrian access to a county freeway or expressway shall not be effective unless it is supported by a finding by the local authority that the freeway or expressway does not have pedestrian facilities and pedestrian use would pose a safety risk to the pedestrian. +SEC. 5. +Section 21967 of the Vehicle Code is amended to read: +21967. +Except as provided in Section 21968, a local authority may adopt rules and regulations by ordinance or resolution prohibiting or restricting persons from riding or propelling skateboards, or electrically motorized boards, on highways, sidewalks, or roadways. +SEC. 6. +Section 21968 of the Vehicle Code is amended to read: +21968. +(a) A motorized skateboard shall not be propelled on any sidewalk, roadway, or any other part of a highway or on any bikeway, bicycle path or trail, equestrian trail, or hiking or recreational trail. +(b) For purposes of this section, an electrically motorized board, as defined in Section 313.5, is not a motorized skateboard. +SEC. 7. +Section 2.5 of this bill incorporates amendments to Section 21113 of the Vehicle Code proposed by both this bill and Assembly Bill 1096. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 21113 of the Vehicle Code, and (3) this bill is enacted after Assembly Bill 1096, in which case Section 2 of this bill shall not become operative. +SEC. 8. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law regulates the operation of bicycles, motorized scooters, and electric personal assistive mobility devices, as defined. Existing law makes a violation of these provisions punishable as an infraction. +This bill would define the term “electrically motorized board.” The bill would prohibit the operation of an electrically motorized board upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. The bill would require the operator of an electrically motorized board to wear a helmet while operating an electrically motorized board upon a highway, bikeway, or any other public bicycle path, sidewalk, or trail. The bill would require an operator to be at least 16 years of age in order to operate an electrically motorized board. The bill would also require electrically motorized boards to be equipped with safety equipment, as specified, and restrict the operation speed of electrically motorized boards. Because a violation of these provisions would be punishable as an infraction, this bill would impose a state-mandated local program. +The bill would also require the Commissioner of the California Highway Patrol to submit a report, as specified, to the Legislature, on or before January 1, 2021, to assist in determining the effect that the use of electrically motorized boards has on traffic safety. +Existing law authorizes transit development boards and public agencies, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, to adopt ordinances, rules, or regulations, respectively, to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, and roller skates on property under the control of, or any portion of property used by, the board, or on public property under the jurisdiction of the agency, respectively. +This bill would additionally authorize those boards and agencies to adopt ordinances, rules, and regulations, respectively, for the use of electrically motorized boards. +Existing law authorizes local authorities to adopt rules and regulations by ordinance or resolution prohibiting or restricting persons from riding or propelling skateboards on highways, sidewalks, or roadways. +This bill would additionally authorize local authorities to adopt rules and regulations by ordinance or resolution prohibiting or restricting persons from riding or propelling electrically motorized boards on highways, sidewalks, or roadways. +Existing law makes it a crime to operate a motorized skateboard on any sidewalk, roadway, or any other part of a highway or on any bikeway, bicycle path or trail, equestrian trail, or hiking or recreational trail. +This bill would provide that an electrically motorized board is not a motorized skateboard for those purposes. +Existing law authorizes the Department of Transportation and local authorities to prohibit or restrict the use of bicycles, motorized bicycles, and motorized scooters upon freeways or expressways. +This bill would authorize the Department of Transportation and local authorities to also prohibit or restrict the use of electrically motorized boards upon freeways or expressways. +This bill would incorporate additional changes to Section 21113 of the Vehicle Code proposed by AB 1096 that would become operative only if this bill and AB 1096 are both chaptered, and this bill is chaptered last. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 21113, 21960, 21967, and 21968 of, to add Section 313.5 to, to add Article 7 (commencing with Section 21290) to Chapter 1 of Division 11 of, and to repeal Section 21295 of, the Vehicle Code, relating to vehicles." +562,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10145 of the Business and Professions Code is amended to read: +10145. +(a) (1) A real estate broker who accepts funds belonging to others in connection with a transaction subject to this part shall deposit all those funds that are not immediately placed into a neutral escrow depository or into the hands of the broker’s principal, into a trust fund account maintained by the broker in a bank or recognized depository in this state. All funds deposited by the broker in a trust fund account shall be maintained there until disbursed by the broker in accordance with instructions from the person entitled to the funds. +(2) Withdrawals may be made from a trust fund account of an individual broker only upon the signature of that broker, or in the case of a corporate broker, only upon the signature of an officer through whom the corporation is licensed pursuant to Section 10158 or 10211, or one, or more, of the following persons if specifically authorized in writing by the individual broker or officer: +(A) A real estate salesperson licensed to the broker. +(B) Another broker acting pursuant to a written agreement with the individual broker that conforms to the requirements of this part and any regulations promulgated pursuant to this part. +(C) An unlicensed employee of the individual broker, if the broker has fidelity bond coverage equal to at least the maximum amount of the trust funds to which the unlicensed employee has access at any time. For purposes of this section, bonds providing coverage may be written with a deductible of up to 5 percent of the coverage amount. For bonds with a deductible, the employing broker shall have evidence of financial responsibility that is sufficient to protect members of the public against a loss subject to the deductible amount. +Evidence of financial responsibility shall include one or more of the following: +(i) Separate fidelity bond coverage adequate to cover the amount of the fidelity bond deductible. +(ii) A cash deposit held in a separate account, apart from other funds of the broker, the broker’s employees, or the broker’s principals, in a bank or recognized depository in this state adequate to cover the amount of the fidelity bond deductible and held exclusively and solely for the purpose of paying the fidelity bond deductible amount. +(iii) Any other evidence of financial responsibility approved by the commissioner. +(3) An arrangement under which a person enumerated in subparagraph (A), (B), or (C) of paragraph (2) is authorized to make withdrawals from a trust fund account of a broker shall not relieve an individual broker, nor the broker-officer of a corporate broker licensee, from responsibility or liability as provided by law in handling trust funds in the broker’s custody. +(4) Notwithstanding the provisions of paragraphs (1), (2), and (3), a real estate broker collecting payments or performing services for investors or note owners in connection with loans secured by a first lien on real property may deposit funds received in trust in an out-of-state depository institution insured by the Federal Deposit Insurance Corporation, if the investor or note owner is any one of the following: +(A) The Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the United States Department of Veterans Affairs. +(B) A bank or subsidiary thereof, bank holding company or subsidiary thereof, trust company, savings bank or savings and loan association or subsidiary thereof, savings bank or savings association holding company or subsidiary thereof, credit union, industrial bank or industrial loan company, or insurance company doing business under the authority of, and in accordance with, the laws of this state, another state, or the United States relating to banks, trust companies, savings banks or savings associations, credit unions, industrial banks or industrial loan companies, or insurance companies, as evidenced by a license, certificate, or charter issued by the United States or a state, district, territory, or commonwealth of the United States. +(C) Trustees of a pension, profit-sharing, or welfare fund, if the pension, profit-sharing, or welfare fund has a net worth of not less than fifteen million dollars ($15,000,000). +(D) A corporation with outstanding securities registered under Section 12 of the Securities Exchange Act of 1934 or a wholly owned subsidiary of that corporation. +(E) A syndication or other combination of any of the entities specified in subparagraph (A), (B), (C), or (D) that is organized to purchase the promissory note. +(F) The California Housing Finance Agency or a local housing finance agency organized under the Health and Safety Code. +(G) A licensed residential mortgage lender or servicer acting under the authority of that license. +(H) A licensed real estate broker selling all or part of the loan, note, or contract to a lender or purchaser specified in subparagraphs (A) to (G), inclusive. +(5) A real estate broker who deposits funds held in trust in an out-of-state depository institution in accordance with paragraph (3) shall make available, in this state, the books, records, and files pertaining to the trust accounts to the commissioner or the commissioner’s representatives or pay the reasonable expenses for travel and lodging incurred by the commissioner or the commissioner’s representatives in order to conduct an examination at an out-of-state location. +(b) A real estate broker acting as a principal pursuant to Section 10131.1 shall place all funds received from others for the purchase of real property sales contracts or promissory notes secured directly or collaterally by liens on real property in a neutral escrow depository unless delivery of the contract or note is made simultaneously with the receipt of the purchase funds. +(c) A real estate sales person who accepts trust funds from others on behalf of the broker under whom he or she is licensed shall immediately deliver the funds to the broker or, if so directed by the broker, shall deliver the funds into the custody of the broker’s principal or a neutral escrow depository or shall deposit the funds into the broker’s trust fund account. +(d) If not otherwise expressly prohibited by this part, a real estate broker may, at the request of the owner of trust funds or of the principals to a transaction or series of transactions from whom the broker has received trust funds, deposit the funds into an interest-bearing account in a bank, savings and loan association, credit union, or industrial loan company, the accounts of which are insured by the Federal Deposit Insurance Corporation, if all of the following requirements are met: +(1) The account is in the name of the broker as trustee for the designated beneficiary or principal of a transaction or series of transactions. +(2) All of the funds in the account are covered by insurance provided by an agency of the United States. +(3) The funds in the account are kept separate, distinct, and apart from funds belonging to the broker or to any other person for whom the broker holds funds in trust. +(4) The broker discloses to the person from whom the trust funds are received, and to a beneficiary whose identity is known to the broker at the time of establishing the account, the nature of the account, how interest will be calculated and paid under various circumstances, whether service charges will be paid to the depository and by whom, and possible notice requirements or penalties for withdrawal of funds from the account. +(5) Interest earned on funds in the account may not inure directly or indirectly to the benefit of the broker or a person licensed to the broker. +(6) In an executory sale, lease, or loan transaction in which the broker accepts funds in trust to be applied to the purchase, lease, or loan, the parties to the contract shall have specified in the contract or by collateral written agreement the person to whom interest earned on the funds is to be paid or credited. +(e) The broker shall have no obligation to place trust funds into an interest-bearing account unless requested to do so and unless all of the conditions in subdivision (d) are met, nor, in any event, if he or she advises the party making the request that the funds will not be placed in an interest-bearing account. +(f) Nothing in subdivision (d) shall preclude the commissioner from prescribing, by regulation, circumstances in which, and conditions under which, a real estate broker is authorized to deposit funds received in trust into an interest-bearing trust fund account. +(g) The broker shall maintain a separate record of the receipt and disposition of all funds described in subdivisions (a) and (b), including any interest earned on the funds. +(h) Upon request of the commissioner, a broker shall furnish to the commissioner an authorization for examination of financial records of those trust fund accounts maintained in a financial institution, in accordance with the procedures set forth in Section 7473 of the Government Code. +(i) As used in this section, “neutral escrow” means an escrow business conducted by a person licensed under Division 6 (commencing with Section 17000) of the Financial Code or by a person described in paragraph (1) or (3) of subdivision (a) of Section 17006 of that code.","Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers by the Real Estate Commissioner. Existing law requires a real estate broker who accepts funds belonging to others in connection with a transaction to deposit all those funds in either a neutral escrow depository, into the hands of the broker’s principal, or into a trust fund account, as specified. +This bill would authorize certain persons, including, among others, a real estate salesperson licensed to the broker to withdraw funds from a trust fund account of the broker if specifically authorized in writing. The bill would authorize an unlicensed employee of the broker to withdraw funds from the broker’s trust fund account if the broker has fidelity bond coverage equal to the maximum amount of the trust funds to which the unlicensed employee has access to at any time. The bill would authorize this bond to have a deductible of up to 5% of the coverage amount, if the employing broker has evidence of financial responsibility and require financial responsibility to be a separate fidelity bond coverage or a cash deposit adequate to cover the amount of the fidelity bond deductible, as specified, or any other evidence of financial responsibility approved by the commissioner. The bill would prohibit an arrangement from relieving the persons authorized by a broker or officer from responsibility or liability in handling trust funds in the broker’s custody, as specified.","An act to amend Section 10145 of the Business and Professions Code, relating to real estate brokers." +563,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4007.5 of the Family Code is repealed. +SEC. 2. +Section 4007.5 is added to the Family Code, to read: +4007.5. +(a) Every money judgment or order for support of a child shall be suspended, by operation of law, for any period exceeding 90 consecutive days in which the person ordered to pay support is incarcerated or involuntarily institutionalized, unless either of the following conditions exist: +(1) The person owing support has the means to pay support while incarcerated or involuntarily institutionalized. +(2) The person owing support was incarcerated or involuntarily institutionalized for an offense constituting domestic violence, as defined in Section 6211, against the supported party or supported child, or for an offense that could be enjoined by a protective order pursuant to Section 6320, or as a result of his or her failure to comply with a court order to pay child support. +(b) The child support obligation shall resume on the first day of the first full month after the release of the person owing support in the amount previously ordered, and that amount is presumed to be appropriate under federal and state law. This section does not preclude a person owing support from seeking a modification of the child support order pursuant to Section 3651, based on a change in circumstances or other appropriate reason. +(c) (1) A local child support agency enforcing a child support order under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.) may, upon written notice of the proposed adjustment to the support obligor and obligee along with a blank form provided for the support obligor or obligee to object to the administrative adjustment to the local child support agency, administratively adjust account balances for a money judgment or order for support of a child suspended pursuant to subdivision (a) if all of the following occurs: +(A) The agency verifies that arrears and interest were accrued in violation of this section. +(B) The agency verifies that neither of the conditions set forth in paragraph (1) or (2) of subdivision (a) exist. +(C) Neither the support obligor nor obligee objects, within 30 days of receipt of the notice of proposed adjustment, whether in writing or by telephone, to the administrative adjustment by the local child support agency. +(2) If either the support obligor or obligee objects to the administrative adjustment set forth in this subdivision, the agency shall not adjust the order, but shall file a motion with the court to seek to adjust the arrears and shall serve copies of the motion on the parties, who may file an objection to the agency’s motion with the court. The obligor’s arrears shall not be adjusted unless the court approves the adjustment. +(3) The agency may perform this adjustment without regard to whether it was enforcing the child support order at the time the parent owing support qualified for relief under this section. +(d) This section does not prohibit the local child support agency or a party from petitioning a court for a determination of child support or arrears amounts. +(e) For purposes of this section, the following definitions shall apply: +(1) “Incarcerated or involuntarily institutionalized” includes, but is not limited to, involuntary confinement to the state prison, a county jail, a juvenile facility operated by the Division of Juvenile Facilities in the Department of Corrections and Rehabilitation, or a mental health facility. +(2) “Suspend” means that the payment due on the current child support order, an arrears payment on a preexisting arrears balance, or interest on arrears created during a qualifying period of incarceration pursuant to this section is, by operation of law, set to zero dollars ($0) for the period in which the person owing support is incarcerated or involuntarily institutionalized. +(f) This section applies to every money judgment or child support order issued or modified on or after the enactment of this section. +(g) The Department of Child Support Services shall, by January 1, 2016, and in consultation with the Judicial Council, develop forms to implement this section. +(h) On or before January 1, 2019, the Department of Child Support Services and the Judicial Council shall conduct an evaluation of the effectiveness of the administrative adjustment process authorized by this section and shall report the results of the review, as well as any recommended changes, to the Assembly Judiciary Committee and the Senate Judiciary Committee. The evaluation shall include a review of the ease of the process to both the obligor and obligee, as well as an analysis of the number of cases administratively adjusted, the number of cases adjusted in court, and the number of cases not adjusted. +(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to limit the duration of the interruption in the protections provided by former Section 4007.5 of the Family Code, it is necessary that this bill take effect immediately.","Prior law required, until July 1, 2015, the obligation of a person to pay child support pursuant to an order that is being enforced by a local child support agency under Title IV-D of the Social Security Act to be suspended for the period of time exceeding 90 days in which the person required to pay support is incarcerated or involuntarily institutionalized, with specified exceptions. Prior law required that, upon the release of the obligor, the obligation to pay child support immediately resume in the amount otherwise specified in the child support order prior to the suspension of that obligation. Prior law required the court to provide notice to the parties of the support obligation suspension at the time the order was issued or modified. Prior law authorized an obligor, upon release from incarceration or involuntary institutionalization, to petition the court for an adjustment of the arrears pursuant to the suspension of the support obligation. +This bill would enact similar provisions to require the suspension of a child support order to occur by operation of law when an obligor is incarcerated or involuntarily institutionalized, unless the obligor has the means to pay support, or the obligor was incarcerated or involuntarily institutionalized for either an offense constituting domestic violence or the failure to pay child support. The bill would also authorize the local child support agency to administratively adjust account balances for a money judgment or order for support of a child that is suspended by operation of law if the agency verifies that arrears and interest were accrued in violation of these provisions, that specified conditions relating to the obligor’s inability to pay while incarcerated and the underlying offense for which he or she was incarcerated do not exist, and neither the obligor nor the obligee object to the adjustment. The bill would require the local child support agency to give notice, as prescribed, of the adjustment to the obligor and obligee. If either the obligor or the obligee objects to the adjustment, the bill would require the agency to file a motion with the court to adjust the arrears and would allow the adjustment only after approval by the court. The bill would require the child support obligation to resume on the first day of the first full month after the release of the person owing support. The bill would require the Department of Child Support Services, in consultation with the Judicial Council, to develop forms to implement these provisions, and would require them to report specified information relating to these provisions to the Assembly Judiciary Committee and the Senate Judiciary Committee on or before January 1, 2019. The bill would make these provisions operative only until January 1, 2020. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to repeal and add Section 4007.5 of the Family Code, relating to child support, and declaring the urgency thereof, to take effect immediately." +564,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11165.1 of the Health and Safety Code is amended to read: +11165.1. +(a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 shall, before January 1, 2016, or upon receipt of a federal Drug Enforcement Administration (DEA) registration, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that practitioner the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES Prescription Drug Monitoring Program (PDMP). +(ii) A pharmacist shall, before January 1, 2016, or upon licensure, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that pharmacist the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES PDMP. +(iii) +(I) +An individual designated by a board, bureau, or program within the Department of Consumer Affairs to investigate a holder of a professional license may, for the purpose of investigating the alleged substance abuse of a licensee, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a licensee that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that individual the electronic history of controlled substances dispensed to the licensee based on data contained in the CURES PDMP. +An application for an individual designated by a board, bureau, or program that does not regulate health care practitioners authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 +The application +shall contain facts demonstrating the probable cause to believe the licensee has violated a law governing controlled substances. +(II) This clause does not require an individual designated by a board, bureau, or program within the Department of Consumer Affairs that regulates health care practitioners to submit an application to access the information stored within the CURES PDMP. +(B) An application may be denied, or a subscriber may be suspended, for reasons which include, but are not limited to, the following: +(i) Materially falsifying an application for a subscriber. +(ii) Failure to maintain effective controls for access to the patient activity report. +(iii) Suspended or revoked federal DEA registration. +(iv) Any subscriber who is arrested for a violation of law governing controlled substances or any other law for which the possession or use of a controlled substance is an element of the crime. +(v) Any subscriber described in clause (i) or (ii) of subparagraph (A) accessing information for any other reason than caring for his or her patients. +(vi) Any subscriber described in clause (iii) of subparagraph (A) accessing information for any other reason than investigating the holder of a professional license. +(C) Any authorized subscriber shall notify the Department of Justice within 30 days of any changes to the subscriber account. +(2) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 or a pharmacist shall be deemed to have complied with paragraph (1) if the licensed health care practitioner or pharmacist has been approved to access the CURES database through the process developed pursuant to subdivision (a) of Section 209 of the Business and Professions Code. +(b) Any request for, or release of, a controlled substance history pursuant to this section shall be made in accordance with guidelines developed by the Department of Justice. +(c) In order to prevent the inappropriate, improper, or illegal use of Schedule II, Schedule III, or Schedule IV controlled substances, the Department of Justice may initiate the referral of the history of controlled substances dispensed to an individual based on data contained in CURES to licensed health care practitioners, pharmacists, or both, providing care or services to the individual. +(d) The history of controlled substances dispensed to an individual based on data contained in CURES that is received by an authorized subscriber from the Department of Justice pursuant to this section shall be considered medical information subject to the provisions of the Confidentiality of Medical Information Act contained in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. +(e) Information concerning a patient’s controlled substance history provided to an authorized subscriber pursuant to this section shall include prescriptions for controlled substances listed in Sections 1308.12, 1308.13, and 1308.14 of Title 21 of the Code of Federal Regulations.","Existing law requires certain health care practitioners and pharmacists to apply to the Department of Justice to obtain approval to access information contained in the Controlled Substance Utilization Review and Evaluation System (CURES) Prescription Drug Monitoring Program (PDMP) regarding the controlled substance history of a patient under his or her care. Existing law requires the Department of Justice, upon approval of an application, to provide the approved health care practitioner or pharmacist the history of controlled substances dispensed to an individual under his or her care. Existing law authorizes an application to be denied, or a subscriber to be suspended, for specified reasons, including, among others, a subscriber accessing information for any reason other than caring for his or her patients. +This bill would also authorize an individual designated to investigate a holder of a professional license to apply to the Department of Justice to obtain approval to access information contained in the CURES PDMP regarding the controlled substance history of an applicant or a licensee for the purpose of investigating the alleged substance abuse of a licensee. The bill would, upon approval of an application, require the department to provide to the approved individual the history of controlled substances dispensed to the licensee. The bill would clarify that only a subscriber who is a health care practitioner or a pharmacist may have an application denied or be suspended for accessing subscriber information for any reason other than caring for his or her patients. The bill would also specify that an application may be denied, or a subscriber may be suspended, if a subscriber who has been designated to investigate the holder of a professional license accesses information for any reason other than investigating the holder of a professional license.","An act to amend Section 11165.1 of the Health and Safety Code, relating to controlled substances." +565,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1254.5 of the Health and Safety Code is amended to read: +1254.5. +(a) The Legislature finds and declares that the disease of eating disorders is not simply medical or psychiatric, but involves biological, sociological, psychological, family, medical, and spiritual components. In addition, the Legislature finds and declares that the treatment of eating disorders is multifaceted, and like the treatment of chemical dependency, does not fall neatly into either the traditional medical or psychiatric milieu. +(b) The inpatient treatment of eating disorders shall be provided only in state licensed hospitals, which may be general acute care hospitals as defined in subdivision (a) of Section 1250, acute psychiatric hospitals as defined in subdivision (b) of Section 1250, or any other licensed health facility designated by the State Department of Public Health. +(c) “Eating disorders,” for the purposes of this section, shall have the meaning of the term as defined in the Diagnostic and Statistical Manual of Mental Disorders, as published by the American Psychiatric Association. +SEC. 2. +Section 1275 of the Health and Safety Code is amended to read: +1275. +(a) (1) The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13, any reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the state department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any other law including, but not limited to, the California Building Standards Law, Part 2.5 (commencing with Section 18901) of Division 13. +(2) All regulations in effect on December 31, 1973, which were adopted by the State Board of Public Health, the State Department of Public Health, the State Department of Mental Hygiene, or the State Department of Health relating to licensed health facilities shall remain in full force and effect until altered, amended, or repealed by the director or pursuant to Section 25 or other provisions of law. +(b) Notwithstanding this section or any other law, the Office of Statewide Health Planning and Development shall adopt and enforce regulations prescribing building standards for the adequacy and safety of health facility physical plants. +(c) The building standards adopted by the State Fire Marshal, and the Office of Statewide Health Planning and Development pursuant to subdivision (b), for the adequacy and safety of freestanding physical plants housing outpatient services of a health facility licensed under subdivision (a) or (b) of Section 1250 shall not be more restrictive or comprehensive than the comparable building standards established, or otherwise made applicable, by the State Fire Marshal and the Office of Statewide Health Planning and Development to clinics and other facilities licensed pursuant to Chapter 1 (commencing with Section 1200). +(d) Except as provided in subdivision (f), the licensing standards adopted by the department under subdivision (a) for outpatient services located in a freestanding physical plant of a health facility licensed under subdivision (a) or (b) of Section 1250 shall not be more restrictive or comprehensive than the comparable licensing standards applied by the department to clinics and other facilities licensed under Chapter 1 (commencing with Section 1200). +(e) Except as provided in subdivision (f), the state agencies specified in subdivisions (c) and (d) shall not enforce any standard applicable to outpatient services located in a freestanding physical plant of a health facility licensed pursuant to subdivision (a) or (b) of Section 1250, to the extent that the standard is more restrictive or comprehensive than the comparable licensing standards applied to clinics and other facilities licensed under Chapter 1 (commencing with Section 1200). +(f) All health care professionals providing services in settings authorized by this section shall be members of the organized medical staff of the health facility to the extent medical staff membership would be required for the provision of the services within the health facility. All services shall be provided under the respective responsibilities of the governing body and medical staff of the health facility. +(g) (1) Notwithstanding any other law, the department may, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, update references in the California Code of Regulations to health care standards of practice adopted by a recognized state or national association when the state or national association and its outdated standards are already named in the California Code of Regulations. When updating these references, the department shall: +(A) Post notice of the department’s proposed adoption of the state or national association’s health care standards of practice on its Internet Web site for at least 45 days. The notice shall include the name of the state or national association, the title of the health care standards of practice, and the version of the updated health care standards of practice to be adopted. +(B) Notify stakeholders that the proposed standards have been posted on the department’s Internet Web site by issuing a mailing to the most recent stakeholder list on file with the department’s Office of Regulations. +(C) Submit to the Office of Administrative Law the notice required pursuant to this paragraph. The office shall publish in the California Regulatory Notice Register any notice received pursuant to this subparagraph. +(D) Accept public comment for at least 30 days after the conclusion of the 45-day posting period specified in subparagraph (A). +(2) If a member of the public requests a public hearing during the public comment period, a hearing shall be held and comments shall be considered prior to the adoption of the state or national association’s health care standards of practice. +(3) If no member of the public requests a public hearing, the department shall consider any comments received during the public comment period prior to the adoption of the health care standards. +(4) Written responses to public comments shall not be required. If public comments are submitted in opposition to the adoption of the proposed standards, or the state or national association named in the California Code of Regulations no longer exists, the department shall seek adoption of the standards using the regulatory process specified in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. A state or national association named in the California Code of Regulations that has changed its name does not constitute an association that no longer exists. +(5) If no opposition is received by the department, the department shall update its Internet Web site to notify the public that the standard has been adopted and the effective date of that standard. +(h) For purposes of this section, “freestanding physical plant” means any building which is not physically attached to a building in which inpatient services are provided. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. A violation of these provisions is a crime. Existing law authorizes the department to promulgate rules and regulations regarding health facilities, in accordance with the provisions of the Administrative Procedure Act. +This bill would authorize the department to use a streamlined administrative process to update regulatory references to health care standards of practice adopted by a state or national association when outdated standards are already referenced in the California Code of Regulations. The procedure created by this bill would, among other things, require the department to post the update on the department’s Internet Web site, notify stakeholders of the proposed change, submit notice of the proposed change to the Office of Administrative Law for publication in the California Regulatory Notice Register, accept comments, and consider those comments prior to the adoption of the new standards. The bill would require, if a member of the public requests a public hearing, that the department hold a hearing and consider any comments. The bill would, if comments are submitted in opposition to the proposed change, require the department to instead follow the procedures provided for by the Administrative Procedure Act. +Existing law requires inpatient treatment of eating disorders to be provided only in state licensed hospitals. Existing law defines “eating disorders” for these purposes as anorexia nervosa and bulimia as defined in the 1980 Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. +This bill would instead define “eating disorders” to have the meaning of the term as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, as published by the American Psychiatric Association. By changing the definition of a crime applicable to health facilities, this bill would create a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 1254.5 and 1275 of the Health and Safety Code, relating to health facilities." +566,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10540 of the Water Code is amended to read: +10540. +(a) A regional water management group may prepare and adopt an integrated regional water management plan in accordance with this part. +(b) A regional water management group may coordinate its planning activities to address or incorporate all or part of any of the following actions of its members into its plan: +(1) Groundwater management planning pursuant to Part 2.75 (commencing with Section 10750), groundwater sustainability planning pursuant to Part 2.74 (commencing with Section 10720), or other specific groundwater management authority. +(2) Urban water management planning pursuant to Part 2.6 (commencing with Section 10610). +(3) The preparation of a water supply assessment required pursuant to Part 2.10 (commencing with Section 10910). +(4) Agricultural water management planning pursuant to Part 2.8 (commencing with Section 10800). +(5) City and county general planning pursuant to Section 65350 of the Government Code. +(6) Stormwater resource planning that is undertaken pursuant to Part 2.3 (commencing with Section 10560). +(7) Other water resource management planning, including flood protection, watershed management planning, and multipurpose program planning. +(c) At a minimum, all plans shall address all of the following: +(1) Protection and improvement of water supply reliability, including identification of feasible agricultural and urban water use efficiency strategies. +(2) Identification and consideration of the drinking water quality of communities within the area of the plan. +(3) Protection and improvement of water quality within the area of the plan, consistent with the relevant basin plan. +(4) Identification of any significant threats to groundwater resources from overdrafting. +(5) Protection, restoration, and improvement of stewardship of aquatic, riparian, and watershed resources within the region. +(6) Protection of groundwater resources from contamination. +(7) Identification and consideration of the water-related needs of disadvantaged communities in the area within the boundaries of the plan. +(d) This section does not obligate a local agency to fund the implementation of any project or program. +SEC. 2. +Section 10721 of the Water Code is amended to read: +10721. +Unless the context otherwise requires, the following definitions govern the construction of this part: +(a) “Adjudication action” means an action filed in the superior or federal district court to determine the rights to extract groundwater from a basin or store water within a basin, including, but not limited to, actions to quiet title respecting rights to extract or store groundwater or an action brought to impose a physical solution on a basin. +(b) “Basin” means a groundwater basin or subbasin identified and defined in Bulletin 118 or as modified pursuant to Chapter 3 (commencing with Section 10722). +(c) “Bulletin 118” means the department’s report entitled “California’s Groundwater: Bulletin 118” updated in 2003, as it may be subsequently updated or revised in accordance with Section 12924. +(d) “Coordination agreement” means a legal agreement adopted between two or more groundwater sustainability agencies that provides the basis for coordinating multiple agencies or groundwater sustainability plans within a basin pursuant to this part. +(e) “De minimis extractor” means a person who extracts, for domestic purposes, two acre-feet or less per year. +(f) “Governing body” means the legislative body of a groundwater sustainability agency. +(g) “Groundwater” means water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels. +(h) “Groundwater extraction facility” means a device or method for extracting groundwater from within a basin. +(i) “Groundwater recharge” or “recharge” means the augmentation of groundwater, by natural or artificial means. +(j) “Groundwater sustainability agency” means one or more local agencies that implement the provisions of this part. For purposes of imposing fees pursuant to Chapter 8 (commencing with Section 10730) or taking action to enforce a groundwater sustainability plan, “groundwater sustainability agency” also means each local agency comprising the groundwater sustainability agency if the plan authorizes separate agency action. +(k) “Groundwater sustainability plan” or “plan” means a plan of a groundwater sustainability agency proposed or adopted pursuant to this part. +(l) “Groundwater sustainability program” means a coordinated and ongoing activity undertaken to benefit a basin, pursuant to a groundwater sustainability plan. +(m) “In-lieu use” means the use of surface water by persons that could otherwise extract groundwater in order to leave groundwater in the basin. +(n) “Local agency” means a local public agency that has water supply, water management, or land use responsibilities within a groundwater basin. +(o) “Operator” means a person operating a groundwater extraction facility. The owner of a groundwater extraction facility shall be conclusively presumed to be the operator unless a satisfactory showing is made to the governing body of the groundwater sustainability agency that the groundwater extraction facility actually is operated by some other person. +(p) “Owner” means a person owning a groundwater extraction facility or an interest in a groundwater extraction facility other than a lien to secure the payment of a debt or other obligation. +(q) “Personal information” has the same meaning as defined in Section 1798.3 of the Civil Code. +(r) “Planning and implementation horizon” means a 50-year time period over which a groundwater sustainability agency determines that plans and measures will be implemented in a basin to ensure that the basin is operated within its sustainable yield. +(s) “Public water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. +(t) “Recharge area” means the area that supplies water to an aquifer in a groundwater basin. +(u) “Sustainability goal” means the existence and implementation of one or more groundwater sustainability plans that achieve sustainable groundwater management by identifying and causing the implementation of measures targeted to ensure that the applicable basin is operated within its sustainable yield. +(v) “Sustainable groundwater management” means the management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results. +(w) “Sustainable yield” means the maximum quantity of water, calculated over a base period representative of long-term conditions in the basin and including any temporary surplus, that can be withdrawn annually from a groundwater supply without causing an undesirable result. +(x) “Undesirable result” means one or more of the following effects caused by groundwater conditions occurring throughout the basin: +(1) Chronic lowering of groundwater levels indicating a significant and unreasonable depletion of supply if continued over the planning and implementation horizon. Overdraft during a period of drought is not sufficient to establish a chronic lowering of groundwater levels if extractions and groundwater recharge are managed as necessary to ensure that reductions in groundwater levels or storage during a period of drought are offset by increases in groundwater levels or storage during other periods. +(2) Significant and unreasonable reduction of groundwater storage. +(3) Significant and unreasonable seawater intrusion. +(4) Significant and unreasonable degraded water quality, including the migration of contaminant plumes that impair water supplies. +(5) Significant and unreasonable land subsidence that substantially interferes with surface land uses. +(6) Depletions of interconnected surface water that have significant and unreasonable adverse impacts on beneficial uses of the surface water. +(y) “Water budget” means an accounting of the total groundwater and surface water entering and leaving a basin including the changes in the amount of water stored. +(z) “Watermaster” means a watermaster appointed by a court or pursuant to other law. +(aa) “Water year” means the period from October 1 through the following September 30, inclusive. +(ab) “Wellhead protection area” means the surface and subsurface area surrounding a water well or well field that supplies a public water system through which contaminants are reasonably likely to migrate toward the water well or well field. +SEC. 3. +Section 10726.5 is added to the Water Code, to read: +10726.5. +In addition to any other authority granted to a groundwater sustainability agency by this part or other law, a groundwater sustainability agency may enter into written agreements and funding with a private party to assist in, or facilitate the implementation of, a groundwater sustainability plan or any elements of the plan. +SEC. 4. +Section 10727.4 of the Water Code is amended to read: +10727.4. +In addition to the requirements of Section 10727.2, a groundwater sustainability plan shall include, where appropriate and in collaboration with the appropriate local agencies, all of the following: +(a) Control of saline water intrusion. +(b) Wellhead protection areas and recharge areas. +(c) Migration of contaminated groundwater. +(d) A well abandonment and well destruction program. +(e) Replenishment of groundwater extractions. +(f) Activities implementing, opportunities for, and removing impediments to, conjunctive use or underground storage. +(g) Well construction policies. +(h) Measures addressing groundwater contamination cleanup, groundwater recharge, in-lieu use, diversions to storage, conservation, water recycling, conveyance, and extraction projects. +(i) Efficient water management practices, as defined in Section 10902, for the delivery of water and water conservation methods to improve the efficiency of water use. +(j) Efforts to develop relationships with state and federal regulatory agencies. +(k) Processes to review land use plans and efforts to coordinate with land use planning agencies to assess activities that potentially create risks to groundwater quality or quantity. +(l) Impacts on groundwater dependent ecosystems. +SEC. 5. +Section 10727.8 of the Water Code is amended to read: +10727.8. +(a) Prior to initiating the development of a groundwater sustainability plan, the groundwater sustainability agency shall make available to the public and the department a written statement describing the manner in which interested parties may participate in the development and implementation of the groundwater sustainability plan. The groundwater sustainability agency shall provide the written statement to the legislative body of any city, county, or city and county located within the geographic area to be covered by the plan. The groundwater sustainability agency may appoint and consult with an advisory committee consisting of interested parties for the purposes of developing and implementing a groundwater sustainability plan. The groundwater sustainability agency shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the groundwater basin prior to and during the development and implementation of the groundwater sustainability plan. If the geographic area to be covered by the plan includes a public water system regulated by the Public Utilities Commission, the groundwater sustainability agency shall provide the written statement to the commission. +(b) For purposes of this section, interested parties include entities listed in Section 10927 that are monitoring and reporting groundwater elevations in all or a part of a groundwater basin managed by the groundwater sustainability agency. +SEC. 6. +Section 10732.2 is added to the Water Code, to read: +10732.2. +If a groundwater sustainability agency finds that a state entity is not working cooperatively regarding implementation of a groundwater sustainability plan, the groundwater sustainability agency may file notice with the board regarding its finding. The board shall notice proceedings to investigate the finding of the groundwater sustainability agency. If the board determines that the failure of the state entity to work cooperatively regarding implementation of a groundwater sustainability plan compromises the ability of the groundwater sustainability agency to implement the plan in a manner that will likely achieve the sustainability goal, the board may direct the state entity to cooperate in the implementation of the groundwater sustainability plan unless the state entity indicates its authority for not complying with a groundwater sustainability plan in the same manner as subdivision (f) of Section 10735.8. +SEC. 7. +Section 10733.4 of the Water Code is amended to read: +10733.4. +(a) Upon adoption of a groundwater sustainability plan, a groundwater sustainability agency shall submit the groundwater sustainability plan to the department for review pursuant to this chapter. +(b) If groundwater sustainability agencies develop multiple groundwater sustainability plans for a basin, the submission required by subdivision (a) shall not occur until the entire basin is covered by groundwater sustainability plans. When the entire basin is covered by groundwater sustainability plans, the groundwater sustainability agencies shall jointly submit to the department all of the following: +(1) The groundwater sustainability plans. +(2) An explanation of how the groundwater sustainability plans implemented together satisfy Sections 10727.2, 10727.4, and 10727.6 for the entire basin. +(3) A copy of the coordination agreement between the groundwater sustainability agencies to ensure the coordinated implementation of the groundwater sustainability plans for the entire basin. +(c) Upon receipt of a groundwater sustainability plan, the department shall post the plan on the department’s Internet Web site and provide 60 days for persons to submit comments to the department about the plan. +(d) The department shall evaluate the groundwater sustainability plan within two years of its submission by a groundwater sustainability agency and issue an assessment of the plan. The assessment may include recommended corrective actions to address any deficiencies identified by the department. +(e) Nothing in this section shall be construed to prohibit a groundwater sustainability agency from implementing a groundwater sustainability plan prior to evaluation and assessment of the groundwater sustainability plan by the department.","Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. +This bill would define “in-lieu use” for the purposes of the act and would provide that, where appropriate, measures addressing in-lieu use shall be included in a groundwater sustainability plan. +The act authorizes a groundwater sustainability agency to exercise certain powers in implementing the act, in addition to, and not as a limitation on, any existing authority, if the groundwater sustainability agency adopts and submits to the Department of Water Resources a groundwater sustainability plan or prescribed alternative documentation. +This bill would, in addition to any other authorities granted to a groundwater sustainability agency, authorize a groundwater sustainability agency to enter into written agreements and funding with private parties that assist in or facilitate the implementation of groundwater sustainability plans or elements of a groundwater sustainability plan. +The act, with a specified exception, does not authorize a local agency to impose any requirement on the state or any agency, department, or officer of the state. +This bill, if a groundwater sustainability agency finds that a state entity is not working cooperatively regarding implementation of a groundwater sustainability plan, would permit the groundwater sustainability agency to file notice with the board and require the board to notice proceedings to investigate the finding of the groundwater sustainability agency. This bill would authorize the board to direct the state entity to cooperate in the implementation of the groundwater sustainability plan if the board determines that the failure of the state entity to work cooperatively regarding implementation of a groundwater sustainability plan compromises the ability of the groundwater sustainability agency to implement the plan in a manner that will likely achieve the sustainability goal unless the state entity indicates its authority for not complying with the groundwater sustainability plan. +Existing law, the Integrated Regional Water Management Planning Act, authorizes a regional water management group to prepare and adopt an integrated regional water management plan with specified components relating to water supply and water quality. Existing law authorizes a regional water management group to coordinate its planning activities to address or incorporate all or part of certain actions of its members into its plan, including groundwater management planning. +This bill would specify that groundwater sustainability planning is an action of regional water management group members that may be addressed or incorporated into a regional water management plan.","An act to amend Sections 10540, 10721, 10727.4, 10727.8, and 10733.4 of, and to add Sections 10726.5 and 10732.2 to, the Water Code, relating to water." +567,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Section 149.9 of the Streets and Highways Code, the statute authorizing the Los Angeles County Metropolitan Transportation Authority (LACMTA) and the Department of Transportation to pursue the implementation of high-occupancy toll (HOT) lanes on State Highway Routes 10 and 110, requires LACMTA to develop a program to offset the impact on tolls on certain income groups in Los Angeles County. +(b) LACMTA has implemented a low-income assistance program in this regard and has developed other ways to respond to this requirement. +(c) LACMTA’s report to the Legislature and subsequent information provided by LACMTA identified the progress of the HOT lanes overall and the level of participation in the low-income assistance program. +(d) While the HOT lanes have met their stated objectives, and while participation in the low-income assistance program has grown over time, improvements can be made. +(e) LACMTA and the department should continue to improve the overall performance of the HOT lanes, including identifying ways to improve travel speeds in both corridors. +(f) LACMTA and the department should continue to work to improve awareness of the low-income assistance program through advertising and working with local community groups and social service agencies to distribute information about the program. +(g) LACMTA should consider offering greater incentives in the low-income assistance program in order to incentivize participation in the program. +SEC. 2. +Section 149.9 of the Streets and Highways Code is amended to read: +149.9. +(a) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the Los Angeles County Metropolitan Transportation Authority (LACMTA) may conduct, administer, and operate a value-pricing and transit development program involving high-occupancy toll (HOT) lanes on State Highway Routes 10 and 110 in the County of Los Angeles. LACMTA, with the consent of the department, may direct and authorize the entry and use of the State Highway Routes 10 and 110 high-occupancy vehicle lanes by single-occupant vehicles and those vehicles that do not meet minimum occupancy requirements, as defined by LACMTA, for a fee. The amount of the fee shall be established by, and collected in a manner to be determined by, LACMTA. LACMTA may continue to require high-occupancy vehicles to have an electronic transponder or other electronic device for enforcement purposes. +(b) LACMTA shall implement the program in cooperation with the department, and with the active participation of the Department of the California Highway Patrol, pursuant to an agreement that addresses all matters related to design, construction, maintenance, and operation of state highway system facilities in connection with the program. With the consent of the department, LACMTA shall establish appropriate performance measures, such as speed or travel times, for the purpose of ensuring optimal use of the HOT lanes by high-occupancy vehicles without adversely affecting other traffic on the state highway system. +(1) Agreements between LACMTA, the department, and the Department of the California Highway Patrol shall identify the respective obligations and liabilities of each party to the agreement and assign them responsibilities relating to the program. The agreements entered into pursuant to this section shall be consistent with agreements between the department and the United States Department of Transportation relating to programs of this nature. The agreements entered into pursuant to this section shall include clear and concise procedures for enforcement by the Department of the California Highway Patrol of laws prohibiting the unauthorized use of the HOT lanes. The agreements shall provide for reimbursement of state agencies, from revenues generated by the program or other funding sources that are not otherwise available to state agencies for transportation-related projects, for costs incurred in connection with the implementation or operation of the program, as well as maintenance of state highway system facilities in connection with the program. +(2) All remaining revenue generated by the program shall be used in the corridor from which the revenue was generated exclusively for preconstruction, construction, and other related costs of high-occupancy vehicle facilities, transportation corridor improvements, and the improvement of transit service in the corridor, including, but not limited to, support for transit operations pursuant to an expenditure plan adopted by LACMTA. LACMTA’s administrative expenses related to the operation of the program shall not exceed 3 percent of the revenues. +(c) Single-occupant vehicles and those vehicles that do not meet minimum occupancy requirements that are certified or authorized by LACMTA for entry into, and use of, the State Highway Routes 10 and 110 high-occupancy vehicle lanes are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use. +(d) (1) In implementing the program, LACMTA shall continue to work with the affected communities in the respective corridors and provide mitigation measures for commuters of low income, including reduced toll charges and toll credits for transit users. Eligible commuters for reduced toll charges or toll credits for transit users shall meet the eligibility requirements for assistance programs under Chapter 2 (commencing with Section 11200) or Chapter 3 (commencing with Section 12000) of Part 3 of, Part 5 (commencing with Section 17000) of, or Chapter 10 (commencing with Section 18900), Chapter 10.1 (commencing with Section 18930), or Chapter 10.3 (commencing with Section 18937) of Part 6 of, Division 9 of the Welfare and Institutions Code. +(2) Beyond the measures already implemented to create a low-income assistance program, LACMTA shall take additional steps to increase enrollment and participation in the low-income assistance program. LACMTA, in that regard, shall improve awareness of the low-income assistance program through advertising and by working with local community groups and social service agencies to distribute information about the low-income assistance program. In addition, LACMTA shall consider offering greater incentives to encourage participation in the low-income assistance program. +(e) (1) LACMTA and the department shall report to the Legislature by January 31, 2015. The report shall include, but not be limited to, a summary of the program, a survey of its users, the impact on carpoolers, revenues generated, how transit service or alternative modes of transportation were impacted, any potential effect on traffic congestion in the high-occupancy vehicle lanes and in the neighboring lanes, the number of toll-paying vehicles that utilized the HOT lanes, any potential reductions in the greenhouse gas emissions that are attributable to congestion reduction resulting from the HOT lane program, any comments submitted by the Department of the California Highway Patrol regarding operation of the lanes, and a description of the mitigation measures on the affected communities and commuters in the program. The report shall be submitted in compliance with Section 9795 of the Government Code. This subdivision shall become inoperative on January 31, 2019, pursuant to Section 10231.5 of the Government Code. +(2) LACMTA and the department shall report to the policy committees of the Legislature with responsibility for transportation matters by December 31, 2018, on the efforts to improve the program authorized by this section. The report shall address efforts by LACMTA to increase participation in the low-income participation program, any additional incentives that have been developed to encourage participation in the low-income participation program, and the performance of the HOT lanes overall in improving congestion in the affected corridors and offsetting the impact to low-income commuters. This paragraph shall become inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. +(f) Toll paying commuters shall have the option to purchase any necessary toll paying equipment, prepay tolls, and renew toll payments by cash or by using a credit card. +(g) This section shall not prevent the department or any local agency from constructing facilities that compete with a HOT lane program, and LACMTA shall not be entitled to compensation for adverse effects on toll revenue due to those facilities. +(h) LACMTA may issue bonds, as set forth in Chapter 5 (commencing with Section 130500) of Division 12 of the Public Utilities Code, at any time to finance any costs necessary to implement a value-pricing and transit development program established in accordance with this section and to finance any expenditures payable from the revenues generated from the program.","Existing law authorizes a value-pricing and transit development program involving high-occupancy toll (HOT) lanes to be conducted, administered, developed, and operated on State Highway Routes 10 and 110 in the County of Los Angeles by the Los Angeles County Metropolitan Transportation Authority (LACMTA) under certain conditions. +Existing law requires LACMTA, in implementing the program, to continue to work with the affected communities in the respective corridors and provide mitigation measures for commuters and transit users of low income, including reduced toll charges and toll credits. Existing law requires eligible commuters and transit users to meet the eligibility requirements for specified assistance programs. +This bill would require LACMTA to take additional steps, beyond the previous implementation of a low-income assistance program, to increase enrollment and participation in the low-income assistance program, as specified, through advertising and work with community organizations and social service agencies. The bill would also require LACMTA and the Department of Transportation to report to the Legislature by December 31, 2018, on efforts to improve the HOT lane program, including efforts to increase participation in the low-income assistance program.","An act to amend Section 149.9 of the Streets and Highways Code, relating to transportation." +568,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2750.8 is added to the Labor Code, to read: +2750.8. +(a) The Labor Commissioner and the Department of Employment Development shall administer the Motor Carrier Employer Amnesty Program pursuant to which, notwithstanding any law, an eligible motor carrier performing drayage services at any port shall be relieved of liability for statutory or civil penalties associated with the misclassification of commercial drivers as independent contractors, as provided by this program, if the eligible motor carrier executes a settlement agreement with the Labor Commissioner whereby the eligible motor carrier agrees to, among other things, properly classify all of its commercial drivers as employees. +(b) As used in this section, the following terms shall have the following meanings: +(1) “Commercial driver” means a person who holds a valid commercial driver’s license who is hired or contracted to provide port drayage services. +(2) “Department” means the Employment Development Department. +(3) “Eligible motor carrier” means a motor carrier that shall not have any of the following on the date it applies to participate in the program: +(A) A civil lawsuit that was filed on or before December 31, 2015, pending against it in a state or federal court that alleges or involves a misclassification of a commercial driver. +(B) A penalty assessed by the department pursuant to Section 1128 that is final imposition of that penalty. +(4) “Motor carrier” means a registered owner, lessee, licensee, or bailee of a commercial motor vehicle, as set forth in subdivision (b) of Section 15210 of the Vehicle Code, that operates or directs the operation of a commercial motor vehicle on a for-hire or not-for-hire basis to perform port drayage services. +(5) “Port” means any sea or river port located in this state. +(6) “Program” means the Motor Carrier Employer Amnesty Program established by this section and as provided by Article 8.6 (commencing with Section 1160) of Chapter 4 of Part 1 of Division 1 of the Unemployment Insurance Code. +(c) (1) A motor carrier shall only apply to participate in the program by doing all of the following: +(A) Submit an application to the Labor Commissioner, on a form provided by the Labor Commissioner. The application shall, at a minimum, require the motor carrier to establish it qualifies as an eligible motor carrier. +(B) Report on the results of a self-audit in accordance with the guidelines provided by the Labor Commissioner. +(2) A motor carrier that voluntarily or as a result of a final disposition in a civil proceeding reclassified its commercial drivers as employees on or before January 1, 2016, shall, in addition to other information requested by the Labor Commissioner, also submit with its application all of the following: +(A) Documentation demonstrating that the motor carrier reclassified its commercial drivers as employees, including the commencement period applicable to the reclassification. +(B) The identification of each commercial driver reclassified in the documents provided in subparagraph (A), the amounts paid to each commercial driver to compensate for the previous misclassification, and the time period applicable to the amount paid to each commercial driver prior to reclassification. +(C) A report of a self-audit for all commercial drivers reclassified by the motor carrier identified in subparagraphs (A) and (B), and also include a separate self-audit report for any commercial driver who is subject to reclassification, but is not identified in subparagraph (B). +(3) A proceeding or action against a motor carrier pursuant to Sections 2698 to 2699.5, inclusive, shall not be initiated after the motor carrier has submitted an application for participation in the program, but may be initiated if the motor carrier’s application is denied. +(4) If a motor carrier’s application to participate the program is denied by the Labor Commissioner, the application or its submission shall not be considered an acknowledgment or admission by the motor carrier that it misclassified its commercial drivers as independent contractors, and the application or its submission shall not be construed in any way to support an evidentiary inference that the motor carrier failed to properly classify its commercial drivers as employees. +(d) The Labor Commissioner shall analyze the information provided pursuant to paragraph (2) of subdivision (c) for the purpose of evaluating the scope of a prior reclassification of an eligible motor carrier’s commercial drivers to employees and has discretionary authority to determine whether the scope was sufficient to afford relief to the misclassified commercial drivers. +(e) Before January 1, 2017, the Labor Commissioner, with the cooperation and consent of the department, may negotiate and execute a settlement agreement with an eligible motor carrier pursuant to the program that applied to participate in the program. The Labor Commissioner shall not execute a settlement agreement on or after January 1, 2017. +(f) Prior to the Labor Commissioner executing a settlement agreement, an eligible motor carrier shall file its contribution returns and report unreported wages and taxes for the time period it seeks relief under the settlement agreement. +(g) A settlement agreement executed by the Labor Commissioner and an eligible motor carrier pursuant to the program shall require an eligible motor carrier to do all of the following: +(1) Pay all wages, benefits, and taxes owed, if any, to or in relation to all of its commercial drivers reclassified from independent contractors to employees for the period of time from the first date of misclassification to the date the settlement agreement is executed, but not exceeding the applicable statute of limitations. +(2) Maintain any converted commercial driver positions as employee positions. +(3) Consent that any future commercial drivers hired to perform the same or similar duties as those employees converted pursuant to the settlement agreement shall be presumed to have employee status and that the eligible motor carrier shall have the burden to prove by clear and convincing evidence that they are not employees in any administrative or judicial proceeding in which their employment status is an issue. +(4) Immediately after the execution of the settlement agreement, secure the workers’ compensation coverage that is legally required for the commercial drivers who were reclassified as employees, effective on or before the date the settlement agreement is executed. +(5) Provide the Labor Commissioner and the department with proof of workers’ compensation insurance coverage in compliance with paragraph (4) within five days of securing the coverage. +(6) Pay the costs authorized by subdivision (h), if required. +(7) Perform any other requirements or provisions the Labor Commissioner and the department deem necessary to carry out the intent of this section, the program, or to enforce the settlement agreement. +(h) A settlement agreement may require an eligible motor carrier to pay the reasonable, actual costs of the Labor Commissioner and the department for their respective review, approval, and compliance monitoring of the settlement agreement. The costs shall be deposited into the Labor Enforcement and Compliance Fund. The portion of the costs attributable to the department shall be transferred to the department upon appropriation by the Legislature. +(i) The settlement agreement may include provisions for an eligible motor carrier to make installment payments of amounts due pursuant to paragraphs (1) and (6) of subdivision (g) in lieu of a full payment. An installment payment agreement shall be included within the settlement agreement and charge interest on the outstanding amounts due at the rate prescribed in Sections 1113 and 1129 of the Unemployment Insurance Code. Interest on amounts due shall be charged from the day after the date the settlement agreement is executed. The settlement agreement shall contain a provision that if a motor carrier fails, without good cause, to fully comply with terms of the settlement agreement authorizing installment payments, the settlement agreement shall be null and void and the total amount of tax, interest, and penalties for the time period covered by the settlement agreement shall be immediately due and payable. +(j) The Labor Commissioner and the department may share any information necessary to carry out the program. Sharing information pursuant to this subdivision shall not constitute a waiver of any applicable confidentiality requirements and the party receiving the information shall be subject to any existing confidentiality requirements for that information. +(k) (1) Notwithstanding any other law and pursuant to the program, an eligible motor carrier that executed and performed its obligations pursuant to a settlement agreement shall not be liable, and the Labor Commissioner or the department shall not enforce, any civil or statutory penalties, including, but not limited to, remedies available under subdivision (e) of Section 226, that might have become due and payable for the time period covered by the settlement agreement, except for the following penalties: +(A) A penalty charged under Section 1128 of the Unemployment Insurance Code that is final on the date of the settlement agreement is executed, unless the penalty is reversed by the California Unemployment Insurance Appeals Board. +(B) A penalty for an amount an eligible motor carrier admitted was based on fraud or made with the intent to evade the reporting requirements set forth in this division or authorized regulations. +(C) A penalty based on a violation of this division or Division 6 (commencing with Section 13000) and either of the following: +(i) The eligible motor carrier was on notice of a criminal investigation due to a complaint having been filed or by written notice having been mailed to the eligible motor carrier informing the motor carrier that it is under criminal investigation. +(ii) A criminal court proceeding has already been initiated against the eligible motor carrier. +(2) (A) Notwithstanding any other law and pursuant to the program, an eligible motor carrier that executed and performed its obligations pursuant to a settlement agreement shall not be liable, and the Labor Commissioner or the department shall not enforce, any unpaid penalties, and interest owed on unpaid penalties, on or before the date the settlement agreement was executed, pursuant to Sections 1112.5, 1126, and 1127 of the Unemployment Insurance Code for the tax reporting periods for which the settlement agreement is applicable, that are owed as a result of the nonpayment of tax liabilities due to the misclassification of one or more commercial drivers as independent contractors and the reclassification of these commercial drivers as employees, except that penalties, and interest owed on penalties, established as a result of an assessment issued by the department before the date the settlement agreement was executed shall not be waived pursuant to the program. +(B) For purposes of paragraph (1), state personal income taxes required to be withheld by Section 13020 of the Unemployment Insurance Code and owed by the motor carrier pursuant to Section 13070 of the Unemployment Insurance Code shall not be collected, if the eligible motor carrier issued an information return pursuant to Section 6041A of the Internal Revenue Code reporting payment or if the commercial driver certifies that the state personal tax has been paid or that he or she has reported to the Franchise Tax Board the payment against which the state personal income tax would have been imposed. +(3) A refund or credit for any penalty or interest paid prior to the date an eligible motor carrier applied to participate in the program shall not be granted. +(4) Except for violations described in Section 2119 of the Unemployment Insurance Code, the department shall not bring a criminal action for failing to report tax liabilities against an eligible motor carrier that executed and performed its obligations pursuant to a settlement agreement for the tax reporting periods subject to the settlement agreement. +(l) The statute of limitations on any claim or liability that might have been asserted against a motor carrier based on the motor carrier having misclassified a commercial driver as an independent contractor shall be tolled from the date a motor carrier applies for participation in the program through the date the Labor Commissioner either denies the motor carrier participation in the program or the motor carrier, as an eligible motor carrier, has failed to perform an obligation under the settlement agreement, whichever is later. +(m) The recovery obtained by the Labor Commissioner on behalf of a reclassified commercial driver pursuant to a settlement agreement shall be tendered to the commercial driver on the condition that the commercial driver shall execute a release of all claims the commercial driver may have against the eligible motor carrier based on the eligible motor carrier’s failure to classify the commercial driver as an employee. A commercial driver shall not be under any obligation to accept the terms of a settlement agreement. If a commercial driver declines to accept the terms of a settlement agreement, the commercial driver shall not be bound by the settlement agreement, except that the eligible motor carrier shall still reclassify the commercial driver as an employee and that commercial driver shall be precluded from pursing a claim for civil penalties or statutory penalties covered by the period of time covered by the settlement agreement. If a commercial driver does not accept the terms of a settlement agreement, the motor carrier shall be excused from performing its requirement under the settlement agreement to pay the amount acknowledged in the settlement agreement to be due to that commercial driver. +(n) (1) If the Labor Commissioner determines an eligible motor carrier violated or failed to perform any of its obligations under a settlement agreement, the Labor Commissioner may file a civil action to enforce the settlement agreement. +(2) (A) If the Labor Commissioner files a civil action seeking only recovery of the amounts due to commercial drivers under the settlement agreement, the Labor Commissioner may obtain judicial enforcement by filing a petition for entry of judgment for the liabilities due and remaining pursuant to the settlement agreement. +(B) After filing a petition pursuant to subparagraph (A), the Labor Commissioner may file an application for an order to show cause and serve it on the eligible motor carrier. Within 60 days of the date the Labor Commissioner filed the order to show cause, the court shall hold a hearing and enter a judgment. The judgment shall be in amounts which are due and owing to commercial drivers pursuant to the settlement agreement with credits, if any, for applicable payments the eligible motor carrier made under the settlement agreement. A judgment entered pursuant to this paragraph shall not preclude subsequent action to recover civil penalties or statutory penalties by the Labor Commissioner, or by an employee pursuant to Section 2698 to 2699.5, inclusive. +(3) If the court determines in any action filed by the Labor Commissioner that a motor carrier has violated or otherwise failed to perform any of its obligations under a settlement agreement, the court shall award the Labor Commissioner costs and reasonable attorney’s fees. +SEC. 2. +Article 8.6 (commencing with Section 1160) is added to Chapter 4 of Part 1 of Division 1 of the Unemployment Insurance Code, to read: +Article 8.6. Motor Carrier Employer Amnesty Program +1160. +(a) The department shall collaborate with the Labor Commissioner to administer the Motor Carrier Employer Amnesty Program established by Section 2750.8 of the Labor Code and as provided by this article. +(b) The definitions set forth in Section 2750.8 of the Labor Code shall apply to this article. +1162. +Commercial drivers who are classified as employees pursuant to a settlement agreement shall be eligible to receive a refund of elective coverage contributions pursuant to Section 708 and may submit a claim for refund pursuant to Section 1178. +1164. +The department may promulgate regulations and take any other actions necessary or appropriate to implement this article and further its participation in the program.","Existing law governs the relationship between an employer and an employee with regard to hiring, promotion, discipline, wages and hours, working conditions, and administrative and judicial remedies. Existing law sets forth guidelines for determining whether a person who performs work for another pursuant to a contract is an employee or an independent contractor. Existing law authorizes the Labor Commissioner to investigate employee complaints and to conduct a hearing in any action to recover wages, penalties, and other demands for compensation. +This bill would establish the Motor Carrier Employer Amnesty Program pursuant to which, notwithstanding any law, a motor carrier performing drayage services may be relieved of liability for statutory or civil penalties associated with misclassification of commercial drivers as independent contractors if the motor carrier enters into a settlement agreement with the Labor Commissioner, with the cooperation and consent of the Employment Development Department, prior to January 1, 2017, whereby the motor carrier agrees to convert all of its commercial drivers to employees, and the settlement agreement contains prescribed components, including, but not limited to, an agreement by the motor carrier to pay all wages, benefits, and taxes owed, if any. The bill would permit a settlement agreement to contain a provision authorizing the Labor Commissioner and the Employment Development Department to recover from the motor carrier the reasonable, actual costs of the Labor Commissioner and the Employment Development Department for their respective review, approval, and compliance monitoring of that settlement agreement.","An act to add Section 2750.8 to the Labor Code, and to add Article 8.6 (commencing with Section 1160) to Chapter 4 of Part 1 of Division 1 of the Unemployment Insurance Code, relating to employment." +569,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares the following: +(a) Prescription and over-the-counter (OTC) drugs are, after marijuana and alcohol, the most commonly abused substances by Americans over 14 years of age. +(b) Over two million people in the United States suffer from substance use disorders related to prescription opioid pain relievers. +(c) More people die from overdoses of prescription opioid pain relievers than from all other drugs combined, including heroin and cocaine. +(d) Prescription opioid pain relievers can have effects similar to heroin when taken in doses or in ways other than prescribed, and research now suggests that abuse of these drugs may lead to heroin abuse. +(e) Prescription opioid pain relievers can be particularly dangerous when snorted, injected, or combined with other drugs or alcohol. +SEC. 2. +Section 4069 is added to the Business and Professions Code, to read: +4069. +(a) A pharmacist shall inform a patient receiving an opioid analgesic drug product on proper storage and disposal of the drug. +This information may be included as part of the oral consultation required under Section 1707.2 of Title 17 of the California Code of Regulations. +The board shall adopt regulations to implement this section. +(b) For purposes of this section, “opioid analgesic drug product” has the same meaning as defined in Section 1367.217 of the Health and Safety Code. +SEC. 3. +Section 1367.217 is added to the Health and Safety Code, to read: +1367.217. +(a) Where an abuse-deterrent opioid analgesic drug product is available, a health care service plan shall not require the use of opioid analgesic drug products without the abuse-deterrent properties in order to access abuse-deterrent opioid analgesic drug products. +(b) This section shall not be construed to prevent a health care service plan from applying prior authorization requirements to abuse-deterrent opioid analgesic drug products, provided that those same requirements are applied to versions of those opioid analgesic drug products without the abuse-deterrent properties. +(c) A health care service plan shall allow a provider to prescribe, and if otherwise covered, shall provide coverage for, a less than 30-day supply of an opioid analgesic drug product. +(d) For purposes of this section, the following definitions shall apply: +(1) “Abuse-deterrent opioid analgesic drug product” means a brand or generic opioid analgesic drug product approved by the federal Food and Drug Administration with abuse-deterrence labeling claims that indicate the drug product is expected to result in a meaningful reduction in abuse. +(2) “Opioid analgesic drug product” means a drug product in the opioid analgesic drug class that is prescribed to treat moderate to severe pain or other conditions, whether in immediate release or extended release or long-acting form and whether or not combined with other drug substances to form a single drug product or dosage form. +SEC. 4. +Section 10123.203 is added to the Insurance Code, to read: +10123.203. +(a) Where an abuse-deterrent opioid analgesic drug product is available, an insurer shall not require the use of opioid analgesic drug products without the abuse-deterrent properties in order to access abuse-deterrent opioid analgesic drug products. +(b) This section shall not be construed to prevent an insurer from applying prior authorization requirements to abuse-deterrent opioid analgesic drug products, provided that those same requirements are applied to versions of those opioid analgesic drug products without the abuse-deterrent properties. +(c) An insurer shall allow a provider to prescribe, and if otherwise covered, shall provide coverage for, a less than 30-day supply of an opioid analgesic drug product. +(d) For purposes of this section, the following definitions shall apply: +(1) “Abuse-deterrent opioid analgesic drug product” means a brand or generic opioid analgesic drug product approved by the federal Food and Drug Administration with abuse-deterrence labeling claims that indicate the drug product is expected to result in a meaningful reduction in abuse. +(2) “Opioid analgesic drug product” means a drug product in the opioid analgesic drug class that is prescribed to treat moderate to severe pain or other conditions, whether in immediate release or extended release or long-acting form and whether or not combined with other drug substances to form a single drug product or dosage form. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of that act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. These provisions require specified services and drugs to be covered by the various plans. +This bill would, where an abuse-deterrent opioid analgesic drug product, as defined, is available, prohibit a health care service plan or insurer from requiring the use of opioid analgesic drug products without the abuse-deterrent properties in order to access abuse-deterrent opioid analgesic drug products. The bill would require a health care service plan or insurer to allow a provider to prescribe, and if otherwise covered, to provide coverage for, a less than 30-day supply of an opioid analgesic drug product. Because a willful violation of these requirements with respect to health care service plans would be a crime, this bill would impose a state-mandated local program. +Existing law, the Pharmacy Law, the knowing violation of which is a crime, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy. Existing regulations require a pharmacist to provide oral consultation to his or her patient or the patient’s agent in all care settings upon request or whenever the pharmacist deems it warranted. +This bill would require a pharmacist to inform a patient receiving an opioid analgesic drug product on proper storage and disposal of the drug, and +authorizes this information to be included as part of the required oral consultation. +would require the board to adopt regulations to implement that provision. +Because a violation of this requirement would be a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 4069 to the Business and Professions Code, to add Section 1367.217 to the Health and Safety Code, and to add Section 10123.203 to the Insurance Code, relating to prescription drugs." +570,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11302 of the Business and Professions Code is amended to read: +11302. +For the purpose of applying this part, the following terms, unless otherwise expressly indicated, shall mean and have the following definitions: +(a) “Department” means the Department of Consumer Affairs. +(b) “Appraisal” means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion in a federally related transaction as to the market value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. +The term “appraisal” does not include an opinion given by a real estate licensee or engineer or land surveyor in the ordinary course of his or her business in connection with a function for which a license is required under Chapter 7 (commencing with Section 6700) or Chapter 15 (commencing with Section 8700) of Division 3, or Chapter 3 (commencing with Section 10130) or Chapter 7 (commencing with Section 10500) and the opinion shall not be referred to as an appraisal. This part does not apply to a probate referee acting pursuant to Sections 400 to 408, inclusive, of the Probate Code unless the appraised transaction is federally related. +(c) “Appraisal Foundation” means the Appraisal Foundation that was incorporated as an Illinois not-for-profit corporation on November 30, 1987. +(d) (1) “Appraisal management company” means any person or entity that satisfies all of the following conditions: +(A) Maintains an approved list or lists, containing 11 or more independent contractor appraisers licensed or certified pursuant to this part, or employs 11 or more appraisers licensed or certified pursuant to this part. +(B) Receives requests for appraisals from one or more clients. +(C) For a fee paid by one or more of its clients, delegates appraisal assignments for completion by its independent contractor or employee appraisers. +(2) “Appraisal management company” does not include any of the following, when that person or entity directly contracts with an independent appraiser: +(A) Any bank, credit union, trust company, savings and loan association, or industrial loan company doing business under the authority of, or in accordance with, a license, certificate, or charter issued by the United States or any state, district, territory, or commonwealth of the United States that is authorized to transact business in this state. +(B) Any finance lender or finance broker licensed pursuant to Division 9 (commencing with Section 22000) of the Financial Code, when acting under the authority of that license. +(C) Any residential mortgage lender or residential mortgage servicer licensed pursuant to Division 20 (commencing with Section 50000) of the Financial Code, when acting under the authority of that license. +(D) Any real estate broker licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, when acting under the authority of that license. +(3) “Appraisal management company” does not include any person licensed to practice law in this state who is working with or on behalf of a client of that person in connection with one or more appraisals for that client. +(e) “Appraisal Subcommittee” means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council. +(f) “Controlling person” means one or more of the following: +(1) An officer or director of an appraisal management company, or an individual who holds a 10 percent or greater ownership interest in an appraisal management company. +(2) An individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into a contractual relationship with clients for the performance of appraisal services and that has the authority to enter into agreements with independent appraisers for the completion of appraisals. +(3) An individual who possesses the power to direct or cause the direction of the management or policies of an appraisal management company. +(g) “Director” or “chief” means the Chief of the Bureau of Real Estate Appraisers. +(h) “Federal financial institutions regulatory agency” means the Federal Reserve Board, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Federal Home Loan Bank System, National Credit Union Administration, Consumer Financial Protection Bureau, and any other agency determined by the director to have jurisdiction over transactions subject to this part. +(i) “Federally related real estate appraisal activity” means the act or process of making or performing an appraisal on real estate or real property in a federally related transaction and preparing an appraisal as a result of that activity. +(j) “Federally related transaction” means any real estate-related financial transaction which a federal financial institutions regulatory agency engages in, contracts for or regulates and which requires the services of a state licensed real estate appraiser regulated by this part. This term also includes any transaction identified as such by a federal financial institutions regulatory agency. +(k) “License” means any license, certificate, permit, registration, or other means issued by the bureau authorizing the person to whom it is issued to act pursuant to this part within this state. +(l) “Licensure” means the procedures and requirements a person shall comply with in order to qualify for issuance of a license and includes the issuance of the license. +(m) “Office” or “bureau” means the Bureau of Real Estate Appraisers. +(n) “Registration” means the procedures and requirements with which a person or entity shall comply in order to qualify to conduct business as an appraisal management company. +(o) “State licensed real estate appraiser” is a person who is issued and holds a current valid license under this part. +(p) “Uniform Standards of Professional Appraisal Practice” are the standards of professional appraisal practice established by the Appraisal Foundation for use in a federally related transaction. +(q) “Course provider” means a person or entity that provides educational courses related to professional appraisal practice. +(r) “Nonfederally related real estate appraisal activity” means the act or process of making or performing an appraisal on real estate or real property for any purpose other than a federally related transaction. +(s) “Standard of valuation practice” means any nationally or internationally recognized valuation standard +addressing the credibility of an appraisal or an appraisal review. +approved by the bureau. +SEC. 2. +Section 11319 of the Business and Professions Code is amended to read: +11319. +Notwithstanding any other provision of this code, the following shall apply: +(a) The Uniform Standards of Professional Appraisal Practice constitute the minimum standard of conduct and performance for federally related real estate appraisal activity. +(b) If a licensee also is certified by the Board of Equalization, the licensee shall follow the standards established by the Board of Equalization when fulfilling the licensee’s responsibilities for assessment purposes. +(c) If a licensee is performing a nonfederally related appraisal activity, a standard of valuation practice may be utilized if that practice is disclosed to, and agreed upon, by the client, and if that practice is described in the appraisal. If a licensee utilizes a standard of valuation practice other than the Uniform Standards of Professional Appraisal Practice pursuant to this subdivision, the licensee shall comply with the Ethics, Record Keeping, Competency, and Scope of Work rules of the Uniform Standards of Professional Appraisal Practice contained in the +2014–2015 +2014– +15 +edition of the Uniform Standards of Professional Appraisal Practice.","Existing law, the Real Estate Appraisers’ Licensing and Certification Law, regulates the licensing of real estate appraisers and provides definitions of specified terms that govern the construction of that law. Existing law provides that the Uniform Standards of Professional Appraisal Practice sets forth the minimum standards of conduct and performance for real estate appraisers in any work or service performed that is addressed by those standards. +This bill would instead provide that the Uniform Standards of Professional Appraisal Practice constitutes the minimum standard of conduct and performance for federally related real estate appraisal activity, as defined. The bill would revise existing, and additionally include new, definitions for specified terms for purposes of the Real Estate Appraisers’ Licensing and Certification Law. The bill would also authorize, if a licensee is performing a nonfederally related appraisal activity, a standard of valuation practice, as defined, for a licensee if that practice is disclosed to, and agreed upon, by the client, and if that practice is described in an appraisal, as provided.","An act to amend Sections 11302 and 11319 of the Business and Professions Code, relating to real estate appraisers." +571,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 41320.1 of the Education Code, as amended by Section 34 of Chapter 19 of the Statutes of 2015, is amended to read: +41320.1. +Acceptance by the school district of the apportionments made pursuant to Section 41320 constitutes the agreement by the school district to all of the following conditions: +(a) The Superintendent shall appoint a trustee who has recognized expertise in management and finance and may employ, on a short-term basis, staff necessary to assist the trustee, including, but not limited to, certified public accountants, as follows: +(1) The expenses incurred by the trustee and necessary staff shall be borne by the school district. +(2) The Superintendent shall establish the terms and conditions of the employment, including the remuneration of the trustee. The trustee shall serve at the pleasure of, and report directly to, the Superintendent. +(3) The trustee, and necessary staff, shall serve until the school district has adequate fiscal systems and controls in place, the Superintendent has determined that the school district’s future compliance with the fiscal plan approved for the school district under Section 41320 is probable, and the Superintendent decides to terminate the trustee’s appointment, but in no event for less than three years. The Superintendent shall notify the county superintendent of schools, the Legislature, the Department of Finance, and the Controller no less than 60 days before the time that the Superintendent expects these conditions to be met. +(4) Before the school district repays the loan, including interest, the recipient of the loan shall select an auditor from a list established by the Superintendent and the Controller to conduct an audit of its fiscal systems. If the fiscal systems are deemed to be inadequate, the Superintendent may retain the trustee until the deficiencies are corrected. The cost of this audit and any additional cost of the trustee shall be borne by the school district. +(5) Notwithstanding any other law, all reports submitted to the trustee are public records. +(6) To facilitate the appointment of the trustee and the employment of necessary staff, for purposes of this section, the Superintendent is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. +(7) Notwithstanding any other law, the Superintendent may appoint an employee of the department to act as trustee for up to the duration of the trusteeship. The salary and benefits of that employee shall be established by the Superintendent and paid by the school district. During the time of appointment, the employee is an employee of the school district, but shall remain in the same retirement system under the same plan as if the employee had remained in the department. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the department. The time served in the appointment shall be counted for all purposes as if the employee had served that time in his or her former position with the department. +(b) (1) The trustee appointed by the Superintendent shall monitor and review the operation of the school district. During the period of his or her service, the trustee may stay or rescind an action of the governing board of the school district that, in the judgment of the trustee, may affect the financial condition of the school district. +(2) After the trustee’s period of service, and until the loan is repaid, the county superintendent of schools that has jurisdiction over the school district may stay or rescind an action of the governing board of the school district that, in his or her judgment, may affect the financial condition of the school district. The county superintendent of schools shall notify the Superintendent, within five business days, if he or she stays or rescinds an action of the governing board of the school district. The notice shall include, but not be limited to, both of the following: +(A) A description of the governing board of the school district’s intended action and its financial implications. +(B) The rationale and findings that support the county superintendent of school’s decision to stay or rescind the action of the governing board of the school district. +(3) If the Superintendent is notified by the county superintendent of schools pursuant to paragraph (2), the Superintendent shall report to the Legislature, on or before December 30 of every year, whether the school district is complying with the fiscal plan approved for the school district. +(4) The Superintendent may establish timelines and prescribe formats for reports and other materials to be used by the trustee to monitor and review the operations of the school district. The trustee shall approve or reject all reports and other materials required from the school district as a condition of receiving the apportionment. The Superintendent, upon the recommendation of the trustee, may reduce an apportionment to the school district in an amount up to two hundred dollars ($200) per day for each late or unacceptable report or other material required under this part, and shall report to the Legislature a failure of the school district to comply with the requirements of this section. If the Superintendent determines, at any time, that the fiscal plan approved for the school district under Section 41320 is unsatisfactory, he or she may modify the plan as necessary, and the school district shall comply with the plan as modified. +(c) At the request of the Superintendent, the Controller shall transfer to the department, from an apportionment to which the school district would otherwise have been entitled pursuant to Section 42238.02, as implemented by Section 42238.03, the amount necessary to pay the expenses incurred by the trustee and associated costs incurred by the county superintendent of schools. +(d) For the fiscal year in which the apportionments are disbursed and every year thereafter, the Controller, or his or her designee, shall cause an audit to be conducted of the books and accounts of the school district, in lieu of the audit required by Section 41020. At the Controller’s discretion, the audit may be conducted by the Controller, his or her designee, or an auditor selected by the school district and approved by the Controller. The costs of these audits shall be borne by the school district. These audits shall be required until the Controller determines, in consultation with the Superintendent, that the school district is financially solvent, but in no event earlier than one year following the implementation of the plan or later than the time the apportionment made is repaid, including interest. For an audit conducted by the Controller, or his or her designee, the Controller, the Superintendent, and the school district superintendent, or their respective designees, shall meet before the audit to discuss the terms of the audit and the timeline under which it will proceed. In addition, the Controller shall conduct quality control reviews pursuant to subdivision (c) of Section 14504.2. +(e) For purposes of errors and omissions liability insurance policies, the trustee appointed pursuant to this section is an employee of the local educational agency to which he or she is assigned. For purposes of workers’ compensation benefits, the trustee is an employee of the local educational agency to which he or she is assigned, except that a trustee appointed pursuant to paragraph (7) of subdivision (a) is an employee of the department for those purposes. +(f) Except for an individual appointed by the Superintendent as trustee pursuant to paragraph (7) of subdivision (a), the state-appointed trustee is a member of the State Teachers’ Retirement System, if qualified, for the period of service as trustee, unless the trustee elects in writing not to become a member. A person who is a member or retirant of the State Teachers’ Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the trustee chooses to become a member or is already a member, the trustee shall be placed on the payroll of the school district for the purpose of providing appropriate contributions to the system. The Superintendent may also require that an individual appointed as trustee pursuant to paragraph (7) of subdivision (a) be placed on the payroll of the school district for purposes of remuneration, other benefits, and payroll deductions. For purposes of workers’ compensation benefits, the state-appointed trustee is deemed an employee of the local educational agency to which he or she is assigned, except that a trustee who is appointed pursuant to paragraph (7) of subdivision (a) is an employee of the department for those purposes.","Existing law authorizes the governing board of a school district to request an emergency apportionment through the Superintendent of Public Instruction if the governing board of the school district determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations. Under existing law, if a school district accepts an emergency apportionment, that acceptance constitutes agreement by the school district to numerous conditions, among which is an agreement that the Controller, or his or her designee, or an auditor selected by the school district and approved by the Controller shall conduct an annual audit of the books and accounts of the school district, as specified. This provision requires these audits to continue until the Controller determines, in consultation with the Superintendent, that the school district is financially solvent, but in no event earlier than one year following the implementation of the school district’s fiscal plan or later than the time the apportionment is repaid, including interest. +This bill, for an audit conducted by the Controller, or his or her designee, would require the Controller, the Superintendent, and the school district superintendent, or their respective designees, to meet before the audit to discuss the terms of the audit and the timeline under which it will proceed.","An act to amend Section 41320.1 of the Education Code, relating to school finance." +572,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 9204 is added to the Public Contract Code, to read: +9204. +(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. +(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. +(c) For purposes of this section: +(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: +(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. +(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. +(C) Payment of an amount that is disputed by the public entity. +(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. +(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. +(B) “Public entity” shall not include the following: +(i) The Department of Water Resources as to any project under the jurisdiction of that department. +(ii) The Department of Transportation as to any project under the jurisdiction of that department. +(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. +(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. +(v) The Military Department as to any project under the jurisdiction of that department. +(vi) The Department of General Services as to all other projects. +(vii) The High-Speed Rail Authority. +(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. +(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. +(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. +(B) The claimant shall furnish reasonable documentation to support the claim. +(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. +(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. +(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. +(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. +(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. +(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. +(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. +(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. +(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. +(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. +(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. +(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. +(g) This section applies to contracts entered into on or after January 1, 2017. +(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. +(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 2. +The Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law prescribes various requirements regarding the formation, content, and enforcement of state and local public contracts. Existing law applicable to state public contracts generally requires that the resolution of claims related to those contracts be subject to arbitration. Existing law applicable to local agency contracts prescribes a process for the resolution of claims related to those contracts of $375,000 or less. +This bill would establish, for contracts entered into on or after January 1, 2017, a claim resolution process applicable to any claim by a contractor in connection with a public works project. The bill would define a claim as a separate demand by the contractor for one or more of the following: a time extension for relief from damages or penalties for delay, payment of money or damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed by the public entity, as specified. +This bill would require a public entity, defined to exclude certain state entities, upon receipt of a claim sent by registered or certified mail, to review it and, within 45 days, provide a written statement identifying the disputed and undisputed portions of the claim. The bill would authorize the 45-day period to be extended by mutual agreement. The bill would require any payment due on an undisputed portion of the claim to be processed within 60 days, as specified. The bill would require that the claim be deemed rejected in its entirety if the public entity fails to issue the written statement. +This bill would authorize, if the claimant disputes the public entity’s written response or if the public entity fails to respond to a claim within the time prescribed, the claimant to demand to meet and confer for settlement of the issues in dispute. The bill would require any disputed portion of the claim that remains in dispute after the meet and confer conference to be subject to nonbinding mediation, as specified. The bill would provide that unpaid claim amounts accrue interest at 7% per annum. The bill would prescribe a procedure by which a subcontractor or lower tier contractor may make a claim through the contractor. +This bill would require the text of these provisions, or a summary, to be set forth in the plans or specifications for any public work which may give rise to a claim. The bill would specify that a waiver of these rights is void and contrary to public policy, except as specified. The bill would also specify that it does not impose liability on a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. +By increasing the duties of local agencies and officials, this bill would impose a state-mandated local program. +This bill would, on January 1, 2020, repeal the provision establishing the claim resolution process. +This bill would specify that these provisions constitute a matter of statewide concern. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add and repeal Section 9204 of the Public Contract Code, relating to public contracts." +573,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4430 of the Business and Professions Code is amended to read: +4430. +For purposes of this chapter, the following definitions shall apply: +(a) “Carrier” means a health care service plan, as defined in Section 1345 of the Health and Safety Code, or a health insurer that issues policies of health insurance, as defined in Section 106 of the Insurance Code. +(b) “Clerical or recordkeeping error” includes a typographical error, scrivener’s error, or computer error in a required document or record. +(c) “Extrapolation” means the practice of inferring a frequency or dollar amount of overpayments, underpayments, nonvalid claims, or other errors on any portion of claims submitted, based on the frequency or dollar amount of overpayments, underpayments, nonvalid claims, or other errors actually measured in a sample of claims. +(d) “Health benefit plan” means any plan or program that provides, arranges, pays for, or reimburses the cost of health benefits. “Health benefit plan” includes, but is not limited to, a health care service plan contract issued by a health care service plan, as defined in Section 1345 of the Health and Safety Code, and a policy of health insurance, as defined in Section 106 of the Insurance Code, issued by a health insurer. +(e) “Maximum allowable cost” means the maximum amount that a pharmacy benefit manager will reimburse a pharmacy for the cost of a drug. +(f) “Maximum allowable cost list” means a list of drugs for which a maximum allowable cost has been established by a pharmacy benefit manager. +(g) “Obsolete” means a drug that may be listed in national drug pricing compendia but is no longer available to be dispensed based on the expiration date of the last lot manufactured. +(h) “Pharmacy” has the same meaning as provided in Section 4037. +(i) “Pharmacy audit” means an audit, either onsite or remotely, of any records of a pharmacy conducted by or on behalf of a carrier or a pharmacy benefits manager, or a representative thereof, for prescription drugs that were dispensed by that pharmacy to beneficiaries of a health benefit plan pursuant to a contract with the health benefit plan or the issuer or administrator thereof. “Pharmacy audit” does not include a concurrent review or desk audit that occurs within three business days of transmission of a claim, or a concurrent review or desk audit where no chargeback or recoupment is demanded. +(j) “Pharmacy benefit manager” means a person, business, or other entity that, pursuant to a contract or under an employment relationship with a carrier, health benefit plan sponsor, or other third-party payer, either directly or through an intermediary, manages the prescription drug coverage provided by the carrier, plan sponsor, or other third-party payer, including, but not limited to, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to prescription drug coverage, contracting with network pharmacies, and controlling the cost of covered prescription drugs. +SEC. 2. +Section 4432 of the Business and Professions Code is amended to read: +4432. +Notwithstanding any other law, a contract that is issued, amended, or renewed on or after January 1, 2013, between a pharmacy and a carrier or a pharmacy benefit manager to provide pharmacy services to beneficiaries of a health benefit plan shall comply with the provisions of this chapter. This chapter shall not apply to contracts authorized by Section 4600.2 of the Labor Code. +SEC. 3. +Section 4440 is added to the Business and Professions Code, immediately following Section 4439, to read: +4440. +(a) A pharmacy benefit manager that reimburses a contracting pharmacy for a drug on a maximum allowable cost basis shall comply with this section. +(b) A pharmacy benefit manager shall include in a contract, initially entered into, or renewed on its scheduled renewal date, on or after January 1, 2016, with the contracting pharmacy information identifying any national drug pricing compendia or other data sources used to determine the maximum allowable cost for the drugs on a maximum allowable cost list. +(c) A pharmacy benefit manager shall make available to a contracting pharmacy, upon request, the most up-to-date maximum allowable cost list or lists used by the pharmacy benefit manager for patients served by that pharmacy in a readily accessible, secure, and usable Web-based format or other comparable format. +(d) A drug shall not be included on a maximum allowable cost list or reimbursed on a maximum allowable cost basis unless all of the following apply: +(1) The drug is listed as “A” or “B” rated in the most recent version of the federal Food and Drug Administration’s approved drug products with therapeutic equivalent evaluations, also known as the Orange Book, or has an “NA,” “NR,” or “Z” rating or a similar rating by a nationally recognized pricing reference, such as Medi-Span or First DataBank. +(2) The drug is generally available for purchase in the state from a national or regional wholesaler. +(3) The drug is not obsolete. +(e) For contracts initially entered into, or renewed on the scheduled renewal date, on or after January 1, 2016, a pharmacy benefit manager shall review and shall make necessary adjustments to the maximum allowable cost of each drug on a maximum allowable cost list using the most recent data sources available at least once every seven days. +(f) For contracts initially entered into, or renewed on the scheduled renewal date, on or after January 1, 2016, a pharmacy benefit manager shall have a clearly defined process for a contracting pharmacy to appeal the maximum allowable cost for a drug on a maximum allowable cost list that includes all of the following: +(1) A contracting pharmacy may base its appeal on either of the following: +(A) The maximum allowable cost for a drug is below the cost at which the drug is available for purchase by similarly situated pharmacies in the state from a national or regional wholesaler. +(B) The drug does not meet the requirements of subdivision (d). +(2) A contracting pharmacy shall be provided no less than 14 business days following receipt of payment for the claim upon which the appeal is based to file an appeal with a pharmacy benefit manager. The pharmacy benefit manager shall make a final determination regarding a contracting pharmacy’s appeal within seven business days of the pharmacy benefit manager’s receipt of the appeal. +(3) If an appeal is denied by a pharmacy benefit manager, the pharmacy benefit manager shall provide to the contracting pharmacy the reason for the denial and the national drug code (NDC) of an equivalent drug that may be purchased by a similarly situated pharmacy at the price that is equal to or less than the maximum allowable cost of the appealed drug. +(4) If an appeal is upheld by a pharmacy benefit manager, the pharmacy benefit manager shall adjust the maximum allowable cost of the appealed drug for the appealing contracting pharmacy and all similarly situated contracting pharmacies in the state within one calendar day of the date of determination. The pharmacy benefit manager shall permit the appealing pharmacy to reverse and resubmit the claim upon which the appeal was based in order to receive the corrected reimbursement. +(g) A contracting pharmacy shall not disclose to any third party the maximum allowable cost list and any related information it receives either directly from a pharmacy benefit manager or through a pharmacy services administrative organization or similar entity with which the contracting pharmacy has a contract to provide administrative services for that pharmacy.","Existing law imposes specified requirements on an audit of pharmacy services provided to beneficiaries of a health benefit plan, and defines certain terms for its purposes, including, among others, pharmacy benefit manager. +This bill would exempt certain contracts governing the medicines and medical supplies that are required to be provided to injured employees in workers’ compensation cases from these requirements. The bill would also require a pharmacy benefit manager that reimburses a contracting pharmacy for a drug on a maximum allowable cost basis to include in a contract, initially entered into, or renewed on its scheduled renewal date, on or after January 1, 2016, information identifying any national drug pricing compendia or other data sources used to determine the maximum allowable cost for the drugs on a maximum allowable cost list and to provide for an appeal process for the contracting pharmacy, as specified. The bill would also require a pharmacy benefit manager to make available to a contracting pharmacy, upon request, the most up-to-date maximum allowable cost list or lists used by the pharmacy benefit manager for patients served by the pharmacy in a readily accessible, secure, and usable Web-based format or other comparable format. The bill would prohibit a drug from being included on a maximum allowable cost list or from being reimbursed on a maximum allowable cost basis unless certain requirements are met, including, but not limited to, that the drug is not obsolete.","An act to amend Sections 4430 and 4432 of, and to add Section 4440 to, the Business and Professions Code, relating to pharmacy benefit managers." +574,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25250.1 of the Health and Safety Code is amended to read: +25250.1. +(a) As used in this article, the following terms have the following meaning: +(1) (A) “Used oil” means all of the following: +(i) Oil that has been refined from crude oil, or any synthetic +oil, +oil from any source, +that has been used, and, as a result of use or as a consequence of extended storage, or spillage, has been contaminated with physical or chemical impurities. +(ii) Material that is subject to regulation as used oil under Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. +(B) Examples of used oil are spent lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; industrial oils, including compressor, turbine, and bearing oil; hydraulic oil; metalworking oil; refrigeration oil; and railroad drainings. +(C) “Used oil” does not include any of the following: +(i) Oil that has a flashpoint below 100 degrees Fahrenheit or that has been mixed with hazardous waste, other than minimal amounts of vehicle fuel. +(ii) (I) Wastewater, the discharge of which is subject to regulation under either Section 307(b) (33 U.S.C. Sec. 1317(b)) or Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), including wastewaters at facilities that have eliminated the discharge of wastewater, contaminated with de minimis quantities of used oil. +(II) For purposes of this clause, “de minimis quantities of used oil” are small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations, or small amounts of oil lost to the wastewater treatment system during washing or draining operations. +(III) This exception does not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases or to used oil recovered from wastewaters. +(iii) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products. +(iv) Oil that contains polychlorinated biphenyls (PCBs) at a concentration of 5 ppm or greater. +(v) (I) Oil containing more than 1000 ppm total halogens, which shall be presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D (commencing with Section 261.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. +(II) A person may rebut the presumption specified in subclause (I) by demonstrating that the used oil does not contain hazardous waste, including, but not limited to, in the manner specified in subclause (III). +(III) The presumption specified in subclause (I) is rebutted if it is demonstrated that the used oil that is the source of total halogens at a concentration of more than 1000 ppm is solely either household waste, as defined in Section 261.4(b)(1) of Title 40 of the Code of Federal Regulations, or is collected from conditionally exempt small quantity generators, as defined in Section 261.5 of Title 40 of the Code of Federal Regulations. Nothing in this subclause authorizes any person to violate the prohibition specified in Section 25250.7. +(2) “Board” means the California Integrated Waste Management Board. +(3) (A) “Recycled oil” means any oil that meets all of the following requirements specified in clauses (i) to (iii), inclusive: +(i) Is produced either solely from used oil, or is produced solely from used oil that has been mixed with one or more contaminated petroleum products or oily wastes, other than wastes listed as hazardous under the federal act, provided that if the resultant mixture is subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations, the mixture is managed as a hazardous waste in accordance with all applicable hazardous waste regulations, and the recycled oil produced from the mixture is not subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations. If the oily wastes with which the used oil is mixed were recovered from a unit treating hazardous wastes that are not oily wastes, these recovered oily wastes are not excluded from being considered as oily wastes for purposes of this section or Section 25250.7. +(ii)The recycled oil meets one of the following requirements: +(I) The recycled oil is produced by a generator lawfully recycling its oil. +(II) The recycled oil is produced at a used oil recycling facility that is authorized to operate pursuant to Section 25200 or 25200.5 solely by means of one or more processes specifically authorized by the department. The department may not authorize a used oil recycling facility to use a process in which used oil is mixed with one or more contaminated petroleum products or oily wastes unless the department determines that the process to be authorized for mixing used oil with those products or wastes will not substantially contribute to the achievement of compliance with the specifications of subparagraph (B). +(III) The recycled oil is produced in another state, and the used oil recycling facility where the recycled oil is produced, and the process by which the recycled oil is produced, are authorized by the agency authorized to implement the federal act in that state. +(iii) Has been prepared for reuse and meets all of the following standards: +(I) The oil meets the standards of purity set forth in subparagraph (B). +(II) If the oil was produced by a generator lawfully recycling its oil or the oil is lawfully produced in another state, the oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B). +(III) The oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. +(IV) The oil is not subject to regulation as a hazardous waste under the federal act. +(V) If the oil was produced lawfully at a used oil recycling facility in this state, the oil is not hazardous pursuant to any characteristic or constituent for which the department has made the finding required by subparagraph (B) of paragraph (2) of subdivision (a) of Section 25250.19, except for one of the characteristics or constituents identified in the standards of purity set forth in subparagraph (B). +(B) The following standards of purity are in effect for recycled oil, in liquid form, unless the department, by regulation, establishes more stringent standards: +(i) Flashpoint: minimum standards set by the American Society for Testing and Materials for the recycled products. However, recycled oil to be burned for energy recovery shall have a minimum flashpoint of 100 degrees Fahrenheit. +(ii) Total lead: 50 mg/kg or less. +(iii) Total arsenic: 5 mg/kg or less. +(iv) Total chromium: 10 mg/kg or less. +(v) Total cadmium: 2 mg/kg or less. +(vi) Total halogens: 3000 mg/kg or less. However, recycled oil shall be demonstrated by testing to contain not more than 1000 mg/kg total halogens listed in Appendix VIII of Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. +(vii) Total polychlorinated biphenyls (PCBs): less than 2 mg/kg. +(C) Compliance with the specifications of subparagraph (B) or with the requirements of clauses (iv) and (v) of subparagraph (B) of paragraph (1) shall not be met by blending or diluting used oil with crude or virgin oil, or with a contaminated petroleum product or oily waste, except as provided in subclause (II) of clause (ii) of subparagraph (A), and shall be determined in accordance with the procedures for identification and listing of hazardous waste adopted in regulations by the department. Persons authorized by the department to recycle oil shall maintain records of volumes and characteristics of incoming used oil and outgoing recycled oil and documentation concerning the recycling technology utilized to demonstrate to the satisfaction of the department or other enforcement agencies that the recycling has been achieved in compliance with this subdivision. +(D) This paragraph does not apply to oil that is to be disposed of or used in a manner constituting disposal. +(4) “Used oil recycling facility” means a facility that reprocesses or re-refines used oil. +(5) “Used oil storage facility” means a storage facility, as defined in subdivision (b) of Section 25123.3, that stores used oil. +(6) “Used oil transfer facility” means a transfer facility, as defined in subdivision (a) of Section 25123.3, that meets the qualifications to be a storage facility, for purposes of Section 25123.3. +(7) (A) For purposes of this section and Section 25250.7 only, “contaminated petroleum product” means a product that meets all of the following conditions: +(i) It is a hydrocarbon product whose original intended purpose was to be used as a fuel, lubricant, or solvent. +(ii) It has not been used for its original intended purpose. +(iii) It is not listed in Subpart D (commencing with Section 251.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. +(iv) It has not been mixed with a hazardous waste other than another contaminated petroleum product. +(B) Nothing in this section or Section 25250.7 shall be construed to affect the exemptions in Section 25250.3, or to subject contaminated petroleum products that are not hazardous waste to any requirements of this chapter. +(b) Unless otherwise specified, used oil that meets either of the following conditions is not subject to regulation by the department: +(1) The used oil has not been treated by the generator of the used oil, the generator claims the used oil is exempt from regulation by the department, and the used oil meets all of the following conditions: +(A) The used oil meets the standards set forth in subparagraph (B) of paragraph (3) of subdivision (a). +(B) The used oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B) of paragraph (3) of subdivision (a). +(C) The used oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. +(D) The used oil is not subject to regulation as either hazardous waste or used oil under the federal act. +(E) The generator of the used oil has complied with the notification requirements of subdivision (c) and the testing and recordkeeping requirements of Section 25250.19. +(F) The used oil is not disposed of or used in a manner constituting disposal. +(2) The used oil meets all the requirements for recycled oil specified in paragraph (3) of subdivision (a), the requirements of subdivision (c), and the requirements of Section 25250.19. +(c) Used oil recycling facilities and generators lawfully recycling their own used oil that are the first to claim that recycled oil meets the requirements specified in paragraph (2) of subdivision (b) shall maintain an operating log and copies of certification forms, as specified in Section 25250.19. Any person who generates used oil, and who claims that the used oil is exempt from regulation pursuant to paragraph (1) of subdivision (b), shall notify the department, in writing, of that claim and shall comply with the testing and recordkeeping requirements of Section 25250.19 prior to its reuse. In any action to enforce this article, the burden is on the generator or recycling facility, whichever first claimed that the used oil or recycled oil meets the standards and criteria, and on the transporter or the user of the used oil or recycled oil, whichever has possession, to prove that the oil meets those standards and criteria. +(d) Used oil shall be managed in accordance with the requirements of this chapter and any additional applicable requirements of Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.","Existing law authorizes the Department of Toxic Substances Control to regulate the disposal of hazardous waste, including used oil, and, for those purposes, defines “used oil” to mean oil that has been refined from crude oil, or any synthetic oil, that has been used, and, as a result of use or as a consequence of extended storage, or spillage, has been contaminated with physical or chemical impurities. +This bill would clarify that the synthetic oil referred to in the definition of “used oil” may be from any source.","An act to amend Section 25250.1 of the Health and Safety Code, relating to used oil." +575,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1363 of the Government Code is amended to read: +1363. +(a) Unless otherwise provided, every oath of office certified by the officer before whom it was taken shall be filed within the time required as follows: +(1) The oath of all officers whose authority is not limited to any particular county, in the office of the Secretary of State. +(2) The oath of all officers elected or appointed for any county, and, except as provided in paragraph (4), of all officers whose duties are local, or whose residence in any particular county is prescribed by law, in the office of the county clerk of their respective counties. +(3) Each judge of a superior court, the county clerk, the clerk of the court, the executive officer or court administrator of the superior court, and the recorder shall file a copy of his or her official oath, signed with his or her own proper signature, in the office of the Secretary of State as soon as he or she has taken and subscribed his or her oath. +(4) The oath of all officers for any independent special district, as defined in Section 56044, in the office of the clerk or secretary of that district. +(b) (1) In its discretion, the board of supervisors of a county may require every elected or appointed officer or department head of that county who legally changes his or her name, delegated authority, or department, within 10 days from the date of the change, to file a new oath of office in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this paragraph is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7). +(2) Notwithstanding any other law, including, but not limited to, Sections 1368 and 1369, failure of an elected or appointed officer or department head of a county to file a new oath of office required by the board of supervisors pursuant to this subdivision shall not be punishable as a crime. +(c) Every oath of office filed pursuant to this section with the Secretary of State shall include the expiration date of the officer’s term of office, if any. In the case of an oath of office for an appointed officer, if there is no expiration date set forth in the oath, or the officer leaves office before the expiration date, the appointing authority shall report in writing to the Secretary of State the officer’s date of departure from office. +(d) The powers of an appointed officer of a county are no longer granted upon the officer’s departure from office. In its discretion, the board of supervisors of a county may require the appointing authority to rescind these powers in writing by filing a revocation in the same manner as the oath of office was filed. +SEC. 2. +Section 3105 of the Government Code is amended to read: +3105. +(a) The oath or affirmation of any disaster service worker of the state shall be filed as prescribed by State Personnel Board rule within 30 days of the date on which it is taken and subscribed. +(b) The oath or affirmation of any disaster service worker of any county shall be filed in the office of the county clerk of the county or in the official department personnel file of the county employee who is designated as a disaster service worker. +(c) The oath or affirmation of any disaster service worker of any city shall be filed in the office of the city clerk of the city. +(d) The oath or affirmation of any disaster service worker of any other public agency, including any district, shall be filed with any officer or employee of the agency that may be designated by the agency. +(e) (1) In its discretion, the board of supervisors of a county may require every disaster service worker of that county who legally changes his or her name, within 10 days from the date of the change, to file a new oath or affirmation in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this paragraph is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7). +(2) Notwithstanding any other law, including, but not limited to, Sections 3108 and 3109, failure of a disaster service worker to file a new oath of office required by the board of supervisors pursuant to this subdivision shall not be punishable as a crime. +(f) The oath or affirmation of any disaster service worker may be destroyed without duplication five years after the termination of the disaster service worker’s service or, in the case of a public employee, five years after the termination of the employee’s employment. +SEC. 3. +Section 24102 of the Government Code is amended to read: +24102. +(a) An appointee shall not act as deputy until: +(1) A written appointment by the deputy’s principal is filed with the county clerk. +(2) A copy of the appointment is filed with the county auditor, if the auditor has so requested. +(3) The deputy has taken the oath of office. +(b) In its discretion, the board of supervisors of a county may require every appointed deputy of that county who legally changes his or her name, delegated authority, or department, within 10 days from the date of the change, to file a new appointment in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this subdivision is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). +(c) A revocation of the appointment of any deputy shall be made and filed in the same manner as the appointment. +(d) Five years after the date of revocation of appointment of a deputy, the written oath of office subscribed to by such deputy may be destroyed and no reproduction thereof need be made or preserved. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The California Constitution requires Members of the Legislature, and all public officers and employees, to take and subscribe a specified oath of office or affirmation. The California Constitution permits inferior officers and employees to be exempted by law from this requirement. Existing law, in the case of particular officers, requires the oath, after being administered, to be filed in designated offices. +This bill would authorize a county board of supervisors to require a new oath or affirmation to be filed within 10 days of a legal change in name, delegated authority, or department by an officer or department head of that county. The bill would authorize the county to maintain a record, subject to disclosure under the California Public Records Act, of each person so required to file a new oath of office, indicating whether or not the person has complied. The bill would specify that failure to comply with this requirement for a new oath or affirmation is not punishable as a crime. This bill would specify that the powers of an appointed officer of a county are no longer granted upon the officer’s departure from office, and would authorize a county board of supervisors to require the appointing authority to rescind these powers in writing by filing a revocation in the same manner as the oath of office was filed. +Existing law requires the oath or affirmation of disaster service workers to be filed in designated offices. +This bill would authorize a county board of supervisors to require a new oath or affirmation to be filed within 10 days of a change in legal name by a disaster service worker of that county. The bill would authorize the county to maintain a record, subject to disclosure under the California Public Records Act, of each person so required to file a new oath of office, indicating whether or not the person has complied. The bill would specify that failure to comply with this requirement for a new oath or affirmation is not punishable as a crime. +Existing law requires the written appointment of a deputy of a county official to be filed as specified. +This bill would authorize a county board of supervisors to require a new appointment to be filed within 10 days of a legal change in name, delegated authority, or department by an appointed deputy of that county. The bill would authorize the county to maintain a record, subject to disclosure under the California Public Records Act, of each person so required to file a new oath of office, indicating whether or not the person has complied. +Violating an oath or affirmation is a crime. Because this bill would expand the scope of an existing crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 1363, 3105, and 24102 of the Government Code, relating to public employment." +576,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 21628 of the Business and Professions Code is amended to read: +21628. +(a) Every secondhand dealer or coin dealer described in Section 21626 shall report daily, or on the first working day after receipt or purchase of secondhand tangible personal property, on forms or through an electronic reporting system approved by the Department of Justice, all secondhand tangible personal property, except for firearms, which he or she has purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning, to the chief of police or to the sheriff, in accordance with the provisions of Sections 21630 and 21633 and subdivision (d). The report shall be legible, prepared in English, completed where applicable, and include, but not be limited to, the following information: +(1) The name and current address of the intended seller or pledger of the property. +(2) The identification of the intended seller or pledger. The identification of the seller or pledger of the property shall be verified by the person taking the information, who may use technology, including, but not limited to, cameras or software, or both, to obtain information and verify identity remotely. The verification shall be valid if the person taking the information reasonably relies on any one of the following documents, provided that the document is currently valid or has been issued within five years and contains a photograph or description, or both, of the person named on it, and, where applicable, is signed by the person, and bears a serial or other identifying number: +(A) A passport of the United States. +(B) A driver’s license issued by any state or Canada. +(C) An identification card issued by any state. +(D) An identification card issued by the United States. +(E) A passport from any other country in addition to another item of identification bearing an address. +(F) A Matricula Consular in addition to another item of identification bearing an address. +(3) (A) A complete and reasonably accurate description of serialized property, including, but not limited to, the following: serial number and other identifying marks or symbols, owner-applied numbers, manufacturer’s named brand, and model name or number. Watches need not be disassembled when special skill or special tools are required to obtain the required information, unless specifically requested to do so by a peace officer. A special tool does not include a penknife, caseknife, or similar instrument and disassembling a watch with a penknife, caseknife, or similar instrument does not constitute a special skill. In all instances where the required information may be obtained by removal of a watchband, then the watchband shall be removed. The cost associated with opening the watch shall be borne by the pawnbroker, secondhand dealer, or customer. +(B) In the case of the receipt or purchase of a handheld electronic device by a secondhand dealer, the serial number reported pursuant to subparagraph (A) may be the International Mobile Station Equipment Identity (IMEI), the mobile equipment identifier (MEID), or other unique identifying number assigned to that device by the device manufacturer. If none of these identifying numbers are available by the time period required for reporting pursuant to this subdivision, the report shall be updated with the IMEI, MEID, or other unique identifying number assigned to that device by the device manufacturer as soon as reasonably possible but no later than 10 working days after receipt or purchase of the handheld electronic device. +(C) For the purpose of this paragraph, “handheld electronic device” means any portable device that is capable of creating, receiving, accessing, or storing electronic data or communications and includes, but is not limited to, a cellular phone, smartphone, or tablet. +(4) A complete and reasonably accurate description of nonserialized property, including, but not limited to, the following: size, color, material, manufacturer’s pattern name (when known), owner-applied numbers and personalized inscriptions, and other identifying marks or symbols. Watches need not be disassembled when special skill or special tools are required to obtain the required information, unless specifically requested to do so by a peace officer. A special tool does not include a penknife, caseknife, or similar instrument and disassembling a watch with a penknife, caseknife, or similar instrument does not constitute a special skill. In all instances where the required information may be obtained by removal of a watchband, then the watchband shall be removed. The cost associated with opening the watch shall be borne by the pawnbroker, secondhand dealer, or customer. +(5) A certification by the intended seller or pledger that he or she is the owner of the property or has the authority of the owner to sell or pledge the property. +(6) A certification by the intended seller or pledger that to his or her knowledge and belief the information is true and complete. +(7) A legible fingerprint taken from the intended seller or pledger, as prescribed by the Department of Justice. This requirement does not apply to a coin dealer, unless required pursuant to local regulation. +(b) (1) When a secondhand dealer complies with all of the provisions of this section, he or she shall be deemed to have received from the seller or pledger adequate evidence of authority to sell or pledge the property for all purposes included in this article, and Division 8 (commencing with Section 21000) of the Financial Code. +(2) In enacting this subdivision, it is the intent of the Legislature that its provisions shall not adversely affect the implementation of, or prosecution under, any provision of the Penal Code. +(c) Any person who conducts business as a secondhand dealer at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, outside the jurisdiction that issued the secondhand dealer license in accordance with subdivision (d) of Section 21641, may be required to submit a duplicate of the transaction report prepared pursuant to this section to the local law enforcement agency where the gun show or event is conducted. +(d) (1) The Department of Justice shall, in consultation with appropriate local law enforcement agencies, develop clear and comprehensive descriptive categories denoting tangible personal property, as detailed in this section, subject to the reporting requirements of this section. These categories shall be incorporated by secondhand dealers and coin dealers described in Section 21626 for purposes of the reporting requirements set forth herein. +(2) With the consultation by the Department of Justice with local law enforcement agencies and representatives from the secondhand dealer businesses, pursuant to Resolution Chapter 16 of the Statutes of 2010, and upon the availability of sufficient funds in the Secondhand Dealer and Pawnbroker Fund created pursuant to Section 21642.5, the department shall promptly develop a single, statewide, uniform electronic reporting system to be used to transmit these secondhand dealer reports. +(3) (A) Except as otherwise provided in this section, any report required of a secondhand dealer shall be transmitted by electronic means. +(B) Until the date that the Department of Justice implements the single, statewide, uniform electronic reporting system described in paragraph (2), each secondhand dealer may continue to report the information required by this section under the reporting categories described in paragraph (1) in paper format on forms approved of or provided by the Department of Justice. +(C) On and after the date that the Department of Justice implements the single, statewide, uniform electronic reporting system described in paragraph (2), each secondhand dealer shall electronically report using that system the information required by this section under the reporting categories described in paragraph (2), except that for the first 30 days following the implementation date, each secondhand dealer shall also report the information in paper format as described in subparagraph (B). +(4) A coin dealer shall report the information required by this section under the reporting categories described in paragraph (1) on a form developed by the Attorney General that the coin dealer shall transmit each day by facsimile transmission or by mail to the chief of police or sheriff. A transaction shall consist of not more than one item. +(5) For purposes of this subdivision, “item” shall mean any single physical article. However, with respect to a commonly accepted grouping of articles that are purchased as a set, including, but not limited to, a pair of earrings or place settings of china, silverware, or other tableware, “item” shall mean that commonly accepted grouping. +(6) Nothing in this subdivision shall be construed as excepting a secondhand dealer from the fingerprinting requirement of paragraph (7) of subdivision (a). +(e) Nothing in this section shall be construed to exempt a person licensed as a firearms dealer pursuant to Sections 26700 to 26915, inclusive, of the Penal Code from the reporting requirements for the delivery of firearms pursuant to Sections 26700 to 26915, inclusive, of the Penal Code. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides for the regulation of secondhand dealers, as defined. Existing law makes it unlawful for a person to engage in the business of a secondhand dealer without a license issued by the chief of police, the sheriff, or, where appropriate, the police commission. Existing law requires a secondhand dealer or coin dealer, as defined, to report, as specified, to the chief of police or sheriff all secondhand “tangible personal property,” as defined, purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning. Existing law requires the report to include, among other things, the identification of the intended seller or pledger of the property, verified by the person taking the information by reasonably relying on specified documents, and a complete and reasonably accurate description of serialized property, including, but not limited to, the serial number of that property. A violation of these provisions where a person knows or should have known that a violation was being committed is a misdemeanor. +This bill would permit the person verifying the identification of the seller or pledger to use technology to obtain information and verify identity remotely. The bill would authorize specified unique identifying numbers to be used as the serial number reported for handheld electronic devices, as defined, and would require the report to the chief of police or sheriff to be updated within 10 days with these unique identifying numbers if they were not available when the report was submitted. +Because a violation of this requirement under certain circumstances would be a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 21628 of the Business and Professions Code, relating to business." +577,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 881 of the Probate Code, as added by Assembly Bill 691 of the 2015–16 Regular Session, is amended to read +: +881. +(a) Not later than 60 days after receipt of the information required under Section Sections 876 to Section 879, inclusive, a custodian shall comply with a request under this part from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply with a request, the fiduciary or designated recipient may apply to the court for an order directing compliance. +(b) An order under subdivision (a) directing compliance shall contain a finding that compliance is not in violation of Section 2702 of Title 18 of the United States Code. +(c) A custodian may notify a user that a request for disclosure of digital assets or to terminate an account was made pursuant to this part. +(d) A custodian may deny a request under this part from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the date of death of the user. +(e) This part does not limit a custodian’s ability to obtain or to require a fiduciary or designated recipient requesting disclosure or account termination under this part to obtain a court order that makes all of the following findings: +(1) The account belongs to the decedent, principal, or trustee. +(2) There is sufficient consent from the decedent, principal, or settlor to support the requested disclosure. +(3) Any specific factual finding required by any other applicable law in effect at that time, including, but not limited to, a finding that disclosure is not in violation of Section 2702 of Title 18 of the Untied United States Code. +(f) +(1) +A custodian and its officers, employees, and agents are immune from liability for an act +(c)Membership lists on the open market are of substantial value, particularly to unscrupulous parties that prey upon time-share owners. +(d)Legislation is needed to protect the privacy of time-share owners. +SEC. 2. +Section 11273 of the +Business and Professions Code +is amended to read: +11273. +(a)Except as provided in subdivision (e), the books of account, minutes of members and governing body meetings, and all other records of the time-share plan maintained by the association or the managing entity shall be made available for inspection and copying by any member, or by his or her duly appointed representative, at any reasonable time for a purpose reasonably related to membership in the association. +(b)The records shall be made available for inspection at the office where the records are maintained. Upon receipt of an authenticated written request from a member along with the fee prescribed by the governing body to defray the costs of reproduction, the managing entity or other custodian of records of the association or the time-share plan shall prepare and transmit to the member a copy of any and all records requested. +(c)The governing body shall establish reasonable rules with respect to all of the following: +(1)Notice to be given to the managing entity or other custodian of the records by the member desiring to make the inspection or to obtain copies. +(2)Hours and days of the week when a personal inspection of the records may be made. +(3)Payment of the cost of reproducing copies of records requested by a member. +(d)Every governing body member shall have the absolute right at any time to inspect all books, records, and documents of the association and all real and personal properties owned and controlled by the association. +(e)(1)The association shall maintain among its records a complete list of the names and mailing addresses of all owners of time-share interests in the time-share plan. The association shall update this list no less frequently than every six months. The association shall not publish this list or provide a copy of it to any third party, or use or sell the list for commercial purposes. The association shall provide a copy of the list to a member for a purpose reasonably related to membership in the association. However, notwithstanding this requirement, if the association reasonably believes that the recipient of the list will use the list for another purpose or provide a copy or disclose the contents to another party, the association shall refuse to provide the member a copy of the list. +(2)(A)If an owner of a time-share interest in the time-share plan makes a request to the association to communicate by mail with the membership of the association for a purpose reasonably related to membership in the association, and the board of administration of the association or the managing entity determines that the mailing pertains to a purpose reasonably related to membership in the association, the requested mailing shall be made within 30 days after receipt of a request and payment by the owner of actual costs in accordance with subparagraph (B). If the board or managing entity determines that the requested mailing does not pertain to a purpose reasonably related to membership in the association, the board or the managing entity shall, within 30 days after receipt of the request, notify the requesting owner in writing and shall indicate the reasons for the rejection. +(B)The owner who requests the mailing shall pay the association in advance for the association’s actual costs in performing the mailing. The association shall make a good faith effort to minimize the costs of the mailing, including the use of a less expensive delivery method, including electronic delivery. +(C)If the board of administration or managing entity does not distribute the requested communication within 30 days after receipt of a request from an owner and payment of actual costs, the superior court in the county where the time-share plan is located may, upon application from the requesting owner, summarily order the distribution of the requested communication. To the extent possible, the superior court shall dispose of an application on an expedited basis. In the event the court orders the distribution of the requested communication, it may order the board or managing entity to pay the owner’s costs, including attorney’s fees reasonably incurred to enforce the owner’s rights, unless the board or the managing entity can prove it refused to distribute the communication in good faith because of a reasonable belief that the requested communication did not pertain to a purpose reasonably related to membership in the association. +(D)It is unlawful for the board of administration of the association or managing entity to refuse to distribute a communication requested by an owner if the requested communication would address a purpose reasonably related to membership in the association. +(3)Section 8330 of the Corporations Code shall not apply to time-share associations under this chapter. +(f)For single site time-share plans and component sites of a multisite time-share plan located outside of the state, the association shall be subject to the provisions set forth in this section. The association must be in compliance with the applicable laws of the state or jurisdiction in which the time-share property or component site is located, and if a conflict exists between laws of the situs state and the requirements set forth in this section, the law of the situs state shall control. If the association and the time-share instruments provide for the matters contained in this section, the association shall be deemed to be in compliance with the requirements of this section and neither the developer nor the association shall be required to make revisions to the time-share instruments in order to comply with the section.","Existing law provides for the disposition of a testator’s property by will. Existing law also provides for the disposition of that portion of a decedent’s estate not disposed of by will. Existing law provides that the decedent’s property, including property devised by a will, is generally subject to probate administration, except as specified. +AB 691 of the 2015–16 Regular Session would enact the Revised Uniform Fiduciary Access to Digital Assets Act, which would authorize a decedent’s personal representative or trustee to access and manage digital assets and electronic communications, as specified. Among other provisions, AB 691 would provide that a custodian of digital assets, and its officers, employees, and agents, are immune from liability for an act or omission done in good faith and in compliance with the act. +This bill would specify that this immunity does not apply in a case of gross negligence or willful or wanton misconduct. The bill would become operative only if AB 691 is enacted prior to the enactment of this bill. +The Vacation Ownership and Time-share Act of 2004 requires all records of a time-share plan maintained by a time-share association to be made available for inspection and copying by any member for a purpose reasonably related to membership in the association. Existing law requires the time-share association to maintain among its records a complete list of the names and addresses of all owners of time-share interests in the time-share plan, as specified. Existing law prohibits an association from publishing the owners list or providing a copy of it to any time-share interest owner or to any 3rd party or using or selling the list for commercial purposes, except as provided in the time-share instruments. +This bill would require the owner addresses in the list to be mailing addresses, and would prohibit the association from publishing the list or providing a copy of it to any 3rd party or using or selling the list for commercial purposes. The bill would require the association to provide a copy of the list to an owner for a purpose reasonably related to membership in the association, except as specified. The bill would require, if a time-share interest owner makes a request to communicate by mail with the membership of the association for a purpose reasonably related to membership in the association, the communication to be made within 30 days of receipt of the request and payment of actual costs in performing the mailing. The bill would require, if the purpose is not reasonably related, the board of administration of the association or the managing entity to notify the requesting owner of the rejection. The bill would authorize a court to summarily order the distribution of the requested communication if it is not distributed within 30 days after receipt of a request from an owner and payment of actual costs. The bill would also specify that certain provisions of the Nonprofit Mutual Benefit Corporation Law pertaining to the list of names, addresses, and voting rights of members of a nonprofit mutual benefit corporation do not apply to time-share associations under the Vacation Ownership and Time-share Act of 2004.","An act to amend +Section 11273 of the Business and Professions Code, relating to time-shares. +Section 881 of the Probate Code, as added by Assembly Bill 691 of the 2015– +16 Regular Session, relating to estates." +578,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 67380 of the Education Code is amended to read: +67380. +(a) Except as provided in subparagraph (C) of paragraph (6), the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance shall do all of the following: +(1) Require the appropriate officials at each campus within their respective jurisdictions to compile records of both of the following: +(A) All occurrences reported to campus police, campus security personnel, or campus safety authorities of, and arrests for, crimes that are committed on campus and that involve violence, hate violence, theft, destruction of property, illegal drugs, or alcohol intoxication. +(B) All occurrences of noncriminal acts of hate violence reported to, and for which a written report is prepared by, designated campus authorities. +(2) Require any written record of a noncriminal act of hate violence to include, but not be limited to, the following: +(A) A description of the act of hate violence. +(B) Victim characteristics. +(C) Offender characteristics, if known. +(3) (A) Make the information concerning the crimes compiled pursuant to subparagraph (A) of paragraph (1) available within two business days following the request of any student or employee of, or applicant for admission to, any campus within their respective jurisdictions, or to the media, unless the information is the type of information exempt from disclosure pursuant to subdivision (f) of Section 6254 of the Government Code, in which case the information is not required to be disclosed. Notwithstanding subdivision (f) of Section 6254 of the Government Code, the name or any other personally identifying information of a victim of any crime defined by Section 243.4, 261, 262, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, 289, 422.6, 422.7, or 422.75 of the Penal Code shall not be disclosed without the permission of the victim, or the victim’s parent or guardian if the victim is a minor. +(B) For purposes of this paragraph and subparagraph (A) of paragraph (1), the campus police, campus security personnel, and campus safety authorities described in subparagraph (A) of paragraph (1) shall be included within the meaning of “state or local police agency” and “state and local law enforcement agency,” as those terms are used in subdivision (f) of Section 6254 of the Government Code. +(4) Require the appropriate officials at each campus within their respective jurisdictions to prepare, prominently post, and copy for distribution on request, a campus safety plan that sets forth all of the following: the availability and location of security personnel, methods for summoning assistance of security personnel, any special safeguards that have been established for particular facilities or activities, any actions taken in the preceding 18 months to increase safety, and any changes in safety precautions expected to be made during the next 24 months. For purposes of this section, posting and distribution may be accomplished by including relevant safety information in a student handbook or brochure that is made generally available to students. +(5) Require the appropriate officials at each campus within their respective jurisdictions to report information compiled pursuant to paragraph (1) relating to hate violence to the governing board, trustees, board of directors, or regents, as the case may be. The governing board, trustees, board of directors, or regents, as the case may be, shall, upon collection of that information from all of the campuses within their jurisdiction, transmit a report containing a compilation of that information to the Legislative Analyst’s Office no later than January 1 of each year and shall make the report available to the general public on the Internet Web site of each respective institution. It is the intent of the Legislature that the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance establish guidelines for identifying and reporting occurrences of hate violence. It is the intent of the Legislature that the guidelines established by these institutions of higher education be as consistent with each other as possible. These guidelines shall be developed in consultation with the Department of Fair Employment and Housing and the California Association of Human Relations Organizations. +(6) (A) Notwithstanding subdivision (f) of Section 6254 of the Government Code, require any report made by a victim or an employee pursuant to Section 67383 of a Part 1 violent crime, sexual assault, or hate crime, as described in Section 422.55 of the Penal Code, received by a campus security authority and made by the victim for purposes of notifying the institution or law enforcement, to be immediately, or as soon as practicably possible, disclosed to the local law enforcement agency with which the institution has a written agreement pursuant to Section 67381 without identifying the victim, unless the victim consents to being identified after the victim has been informed of his or her right to have his or her personally identifying information withheld. If the victim does not consent to being identified, the alleged assailant shall not be identified in the information disclosed to the local law enforcement agency, unless the institution determines both of the following, in which case the institution shall disclose the identity of the alleged assailant to the local law enforcement agency and shall immediately inform the victim of that disclosure: +(i) The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution. +(ii) The immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant. +(B) The requirements of this paragraph shall not constitute a waiver of, or exception to, any law providing for the confidentiality of information. +(C) This paragraph applies only as a condition for participation in the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42. +(b) Any person who is refused information required to be made available pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may maintain a civil action for damages against any institution that refuses to provide the information, and the court shall award that person an amount not to exceed one thousand dollars ($1,000) if the court finds that the institution refused to provide the information. +(c) For purposes of this section: +(1) “Hate violence” means any act of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence, that is directed against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, sex, sexual orientation, gender identity, gender expression, disability, or political or religious beliefs of that person or group. +(2) “Part 1 violent crime” means willful homicide, forcible rape, robbery, or aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation. +(3) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these. +(d) This section does not apply to the governing board of a private postsecondary educational institution receiving funds for student financial assistance with a full-time enrollment of less than 1,000 students. +(e) This section shall apply to a campus of one of the public postsecondary educational systems identified in subdivision (a) only if that campus has a full-time equivalent enrollment of more than 1,000 students. +(f) Notwithstanding any other provision of this section, this section shall not apply to the California Community Colleges unless and until the Legislature makes funds available to the California Community Colleges for the purposes of this section.","Existing law requires the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, the Regents of the University of California, and the governing boards of postsecondary educational institutions receiving public funds for student financial assistance to require the appropriate officials at each campus to compile records of specified crimes and noncriminal acts reported to campus police, campus security personnel, campus safety authorities, or designated campus authorities. Existing law requires, as a condition of participation in a specified financial aid program, any report by a victim of a Part 1 violent crime, sexual assault, or hate crime, as defined, received by a campus security authority and made by the victim for purposes of notifying the institution or law enforcement, to be immediately, or as soon as practicably possible, disclosed to the appropriate local law enforcement agency without identifying the victim, unless the victim consents to being identified after the victim has been informed of his or her right to have his or her personally identifying information withheld. Existing law prohibits this report to a local law enforcement agency from identifying the alleged assailant if the victim does not consent to being identified. +This bill would authorize the identification of the alleged assailant, even if the victim does not consent to being identified, if the institution determines both that the alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution, and that the immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant. In that case, the bill would require the institution, as a condition of participation in the financial aid program, to disclose the identity of the alleged assailant to the local law enforcement agency and to immediately inform the victim of that disclosure. +This bill also would make conforming and nonsubstantive changes.","An act to amend Section 67380 of the Education Code, relating to postsecondary education." +579,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25218.1 of the Health and Safety Code is amended to read: +25218.1. +For purposes of this article, the following terms have the following meanings: +(a) “Conditionally exempt small quantity generator” or “CESQG” means a business concern that meets the criteria specified in Section 261.5 of Title 40 of the Code of Federal Regulations. +(b) “Curbside household hazardous waste collection program” means a collection service authorized by a public agency that is operated in accordance with Section 25163 and subdivision (d) of Section 25218.5 and that collects one or more of the following types of household hazardous waste: +(1) Latex paint. +(2) Used oil. +(3) Used oil filters. +(4) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department. +(c) “Door-to-door household hazardous waste collection program” or “household hazardous waste residential pickup service” means a household hazardous waste service that meets all of the following requirements: +(1) The program or service is operated by a public agency or its contractor. +(2) The program or service is operated in accordance with subdivision (e) of Section 25218.5. +(3) (A) The program or service collects household hazardous waste from individual residences and transports that waste in an inspected and certified hazardous waste transport vehicle operated by a registered hazardous waste +transporter, +transporter +to either of the following: +(i) An authorized household hazardous waste collection facility. +(ii) A hazardous waste facility, as defined in Section 66260.10 of Title 22 of the California Code of Regulations. +(B) Clause (ii) of subparagraph (A) shall become inoperative on and after January 1, 2020. +(d) “Household” means a single detached residence or a single unit of a multiple residence unit and all appurtenant structures. +(e) “Household hazardous waste” means hazardous waste generated incidental to owning or maintaining a place of residence. Household hazardous waste does not include waste generated in the course of operating a business concern at a residence. +(f) “Household hazardous waste collection facility” means a facility operated by a public agency, or its contractor, for the purpose of collecting, handling, treating, storing, recycling, or disposing of household hazardous waste, and its operation may include accepting hazardous waste from conditionally exempt small quantity generators if that acceptance is authorized pursuant to Section 25218.3. Household hazardous waste collection facilities include permanent household hazardous waste collection facilities, as defined in subdivision (h), temporary household hazardous waste collection facilities, as defined in subdivision (p), recycle-only household hazardous waste collection facilities, as defined in subdivision (n), curbside household hazardous waste collection programs, as defined in subdivision (b), door-to-door household hazardous waste collection +program +programs +or household hazardous waste residential pickup +service +services +, as defined in subdivision (c), and mobile household hazardous waste collection facilities, as defined in subdivision (g). +(g) “Mobile household hazardous waste collection facility” means a portable structure within which a household hazardous waste collection facility is operated and that meets all of the following conditions: +(1) The facility is operated not more than four times in any one calendar year at the same location. +(2) The facility is operated not more than three consecutive weeks within a two-month period at the same location. +(3) Upon +the +termination of operations, all equipment, materials, and waste are removed from the site within 144 hours. +(h) “Permanent household hazardous waste collection facility” means a permanent or semipermanent structure at a fixed location that meets both of the following conditions: +(1) The facility is operated at the same location on a continuous, regular schedule. +(2) The hazardous waste stored at the facility is removed within one year after collection. +(i) “Public agency” means a state or federal agency, county, city, or district. +(j) “Quality assurance plan” means a written protocol prepared by a public agency that is designed to ensure that reusable household hazardous products or materials, as defined in subdivision (o), that are collected by a household hazardous waste collection program are evaluated to verify that product containers, contents, and labels are as they originated from the products’ manufacturers. The public agency or a person authorized by the public agency, as defined in subdivision (k), shall design the protocol to ensure, using its best efforts with the resources generally available to the public agency, or the person authorized by the public agency, that products selected for distribution are appropriately labeled, uncontaminated, and appear to be as they originated from the product manufacturers. A quality assurance plan shall identify specific procedures for evaluating each container placed in a recycling or exchange program. The quality assurance plan shall also identify those products that shall not be accepted for distribution in a recycling or exchange program. Unacceptable products may include, but are not limited to, banned or unregistered agricultural waste, as defined in subdivision (a) of Section 25207.1, and products containing polychlorinated biphenyls (PCB), asbestos, or dioxin. +(k) “Person authorized by the public agency” means an employee of a public agency or a person from whom services are contracted by the public agency. +(l) “Recipient” means a person who accepts a reusable household hazardous product or material at a household hazardous waste collection facility operating pursuant to this article. +(m) “Recyclable household hazardous waste material” means any of the following: +(1) Latex paint. +(2) Used oil. +(3) Used oil filters. +(4) Antifreeze. +(5) Spent lead-acid batteries. +(6) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department, except a universal waste for which the department determines, by regulation, that there is no readily available authorized recycling facility capable of accepting and recycling that waste. +(n) “Recycle-only household hazardous waste collection facility” means a household hazardous waste collection facility that is operated in accordance with Section 25218.8 and accepts for recycling only recyclable household hazardous waste materials. +(o) “Reusable household hazardous product or material” means a container of household hazardous product, or a container of hazardous material generated by a conditionally exempt small quantity generator, that has been received by a household hazardous waste collection facility operating pursuant to this article and that is offered for distribution in a materials exchange program to a recipient, as defined in subdivision (l), in accordance with a quality assurance plan, as defined in subdivision (j). +(p) “Temporary household hazardous waste collection facility” means a household hazardous waste collection facility that meets both of the following conditions: +(1) The facility is operated not more than once for a period of not more than two days in any one month at the same location. +(2) Upon termination of operations, all equipment, materials, and waste are removed from the site within 144 hours.","Existing law authorizes public agencies to operate household hazardous waste collection facilities, as defined, and specifies conditions for the transportation of household hazardous waste. +This bill would make nonsubstantive changes to the definitions pertaining to those provisions.","An act to amend Section 25218.1 of the Health and Safety Code, relating to household hazardous waste." +580,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 117748 is added to the Health and Safety Code, to read: +117748. +“Pharmaceutical incinerator” means a treatment device that solely incinerates pharmaceutical waste, as defined in Section 117690, that renders the pharmaceutical waste as solid waste. +SEC. 2. +Section 118215 of the Health and Safety Code is amended to read: +118215. +(a) Except as provided in subdivisions (b) and (c), a person generating or treating medical waste shall ensure that the medical waste is treated by one of the following methods, thereby rendering it solid waste, as defined in Section 40191 of the Public Resources Code, prior to disposal: +(1) (A) Incineration at a permitted medical waste treatment facility in a controlled-air, multichamber incinerator, or other method of incineration approved by the department which provides complete combustion of the waste into carbonized or mineralized ash. +(B) Treatment with an alternative technology approved pursuant to paragraph (3), which, due to the extremely high temperatures of treatment in excess of 1300 degrees Fahrenheit, has received express approval from the department. +(2) Steam sterilization at a permitted medical waste treatment facility or by other sterilization, in accordance with all of the following operating procedures for steam sterilizers or other sterilization: +(A) Standard written operating procedures shall be established for biological indicators, or for other indicators of adequate sterilization approved by the department, for each steam sterilizer, including time, temperature, pressure, type of waste, type of container, closure on container, pattern of loading, water content, and maximum load quantity. +(B) Recording or indicating thermometers shall be checked during each complete cycle to ensure the attainment of 121° Centigrade (250° Fahrenheit) for at least one-half hour, depending on the quantity and density of the load, to achieve sterilization of the entire load. Thermometers, thermocouples, or other monitoring devices identified in the facility operating plan shall be checked for calibration annually. Records of the calibration checks shall be maintained as part of the facility’s files and records for a period of two years or for the period specified in the regulations. +(C) Heat-sensitive tape, or another method acceptable to the enforcement agency, shall be used on each biohazard bag or sharps container that is processed onsite to indicate that the waste went through heat treatment. If the biohazard bags or sharps containers are placed in a large liner bag within the autoclave for treatment, heat-sensitive tape or another method acceptable to the enforcement agency only needs to be placed on the liner bag and not on every hazardous waste bag or sharps container being treated. +(D) The biological indicator Geobacillus stearothermophilus, or other indicator of adequate sterilization as approved by the department, shall be placed at the center of a load processed under standard operating conditions at least monthly to confirm the attainment of adequate sterilization conditions. +(E) Records of the procedures specified in subparagraphs (A), (B), and (D) shall be maintained for a period of not less than two years. +(3) (A) Other alternative medical waste treatment methods which are both of the following: +(i) Approved by the department. +(ii) Result in the destruction of pathogenic micro-organisms. +(B) Any alternative medical waste treatment method proposed to the department shall be evaluated by the department and either approved or rejected pursuant to the criteria specified in this subdivision. +(C) Any alternative medical waste treatment solely designed to treat pharmaceutical waste, including a pharmaceutical incinerator, shall be evaluated and approved by the department with regard to the necessary treatment of pharmaceuticals. By June 1, 2017, the department shall complete the first evaluation +and approval +of these alternative medical waste treatments, including a pharmaceutical incinerator. +In evaluating any alternative medical waste treatment, the department shall consult with the State Water Resources Control Board, the Department of Toxic Substances Control, the State Air Resources Board, and local air quality management districts to ensure compliance with all other applicable environmental quality laws prior to approval of the alternative medical waste treatment. +(b) Fluid blood or fluid blood products may be discharged to a public sewage system without treatment if its discharge is consistent with waste discharge requirements placed on the public sewage system by the California regional water quality control board with jurisdiction. +(c) (1) A medical waste that is a biohazardous laboratory waste, as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 117690, may be treated by a chemical disinfection if the waste is liquid or semiliquid and the chemical disinfection method is recognized by the National Institutes of Health, the Centers for Disease Control and Prevention, or the American Biological Safety Association, and if the use of chemical disinfection as a treatment method is identified in the site’s medical waste management plan. +(2) If the waste is not treated by chemical disinfection, in accordance with paragraph (1), the waste shall be treated by one of the methods specified in subdivision (a). +(3) Following treatment by chemical disinfection, the medical waste may be discharged to the public sewage system if the discharge is consistent with waste discharge requirements placed on the public sewage system by the California regional water control board, and the discharge is in compliance with the requirements imposed by the owner or operator of the public sewage system. If the chemical disinfection of the medical waste causes the waste to become a hazardous waste, the waste shall be managed in accordance with the requirements of Chapter 6.5 (commencing with Section 25100) of Division 20. +SEC. 3. +Section 118217 is added to the Health and Safety Code, to read: +118217. +A law enforcement agency that operates a prescription drug takeback program may utilize up to four times per year a pharmaceutical incinerator that is evaluated and approved by the department pursuant to Section +118215. +118215 and that complies with all other applicable federal and state laws and local ordinances.","Existing law, the Medical Waste Management Act, regulates the disposal of medical waste, including requiring medical waste to be treated by specified methods prior to disposal, including incineration in a controlled-air, multichamber incinerator, or other method of incineration approved by the State Department of Public Health that provides complete combustion of the waste into carbonized or mineralized ash. +This bill would include among those authorized treatment methods any alternative medical waste treatment solely designed to treat pharmaceutical waste, including a pharmaceutical incinerator, as defined, and would require this method to be evaluated and approved by the State Department of Public Health. The bill would require the department to complete the first evaluation +and approval +of these alternative medical waste treatments +solely designed to treat pharmaceutical waste, including a pharmaceutical incinerator, +by June 1, +2017. +2017, and would require the department to consult with specified entities, including the Department of Toxic Substances Control and the State Air Resources Board, in the evaluation to ensure compliance with all other applicable environmental quality laws. +The bill would authorize a law enforcement agency that operates a prescription drug takeback program to utilize a pharmaceutical incinerator up to 4 times per year if the incinerator is evaluated and approved by the +department. +department and complies with all other applicable federal and state laws and local ordinances.","An act to amend Section 118215 of, and to add Sections 117748 and 118217 to, the Health and Safety Code, relating to medical waste." +581,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 53075.5 of the Government Code is amended to read: +53075.5. +(a) Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code, every city or county shall protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab transportation service rendered in vehicles designed for carrying not more than eight persons, excluding the driver, which is operated within the jurisdiction of the city or county. +(b) Each city or county shall provide for, but is not limited to providing for, the following: +(1) A policy for entry into the business of providing taxicab transportation service. The policy shall include, but need not be limited to, all of the following provisions: +(A) Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all of the requirements of the program adopted pursuant to paragraph (3), shall be a condition of issuance of a driver’s permit. +(B) The driver’s permit shall become void upon termination of employment. +(C) The driver’s permit shall state the name of the employer. +(D) The employer shall notify the city or county upon termination of employment. +(E) The driver shall return the permit to the city or county upon termination of employment. +(2) The establishment or registration of rates for the provision of taxicab transportation service. +(3) (A) A mandatory controlled substance and alcohol testing certification program. The program shall include, but need not be limited to, all of the following requirements: +(i) Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of permit renewal or, if no periodic permit renewals are required, at such other times as the city or county shall designate. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent. +(ii) Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California driver’s license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and followup testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations. +(iii) A test in one jurisdiction shall be accepted as meeting the same requirement in any other jurisdiction. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in that jurisdiction or any other jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing. +(iv) In the case of a self-employed independent driver, the test results shall be reported directly to the city or county, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing transportation operator, who may be required to notify the city or county of positive results. +(v) All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law. +(vi) Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Employing transportation operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and followup testing. +(vii) Upon the request of a driver applying for a permit, the city or county shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city or county knows offer tests in or near the jurisdiction. +(B) No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances. +(c) Each city or county may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services pursuant to this section. +(d) Nothing in this section prohibits a city or county from adopting additional requirements for a taxicab to operate in its jurisdiction. +(e) For purposes of this section, “employment” includes self-employment as an independent driver. +(f) This section shall not apply to a city or county, other than the City and County of San Francisco, on the date upon which the Director of Finance notifies the Speaker of the Assembly and the President pro Tempore of the Senate of the completion of the state reorganization of transportation duties from the Public Utilities Commission to other agencies, if taxicab transportation services are included in the reorganization. +SEC. 2. +Section 53075.71 is added to the Government Code, to read: +53075.71. +(a) Notwithstanding any other law, taxicab transportation services and taxicab drivers shall be subject to rules or regulations adopted by a city or a county as those rules or regulations existed on July 1, 2016, except as follows: +(1) Service charges, fees, or assessments levied on a taxicab company shall not exceed the amount in effect on July 1, 2016. No new or additional service charges, fees, or assessments shall be created. +(2) Fees for the issuance of taxi driver permits shall not exceed seventy-five dollars ($75) annually. +(3) A city or county shall not limit or prohibit prearranged trips, originated through dispatch, Internet Web site, or online-enabled application, by a licensed taxicab. +(4) A city or county may limit the number of taxicab companies or vehicles that use taxi stand areas, pick up passengers at airports, or pick up street hails. +(5) A city or county may set a maximum fare structure for taxicab transportation services, subject to the following: +(A) The maximum fares shall not be lower than the fares that existed on July 1, 2016. +(B) A city or county shall not limit the ability of a taxicab transportation service to offer fares lower than the maximum fare structure. +(6) A city or county shall not regulate the type of device used by a taxicab company to calculate fares, including the use of global positioning system metering as a form of calculating fares. Taxicab companies shall disclose fares, fees, or rates to the customer before the customer accepts the ride so that the customer can make a knowledgeable decision. A taxicab company may disclose fares, fees, or rates on its Internet Web site or cellular telephone application. +(7) Local rules and regulations adopted prior to July 1, 2016, that ensure adequate service levels to all areas of a city’s or county’s jurisdiction and promote use of taxicab transportation services by individuals covered under the Americans with Disabilities Act of 1990 (Public Law 101-336) shall remain in effect. +(b) Subdivision (a) applies to a charter city or a charter county, other than the City and County of San Francisco. +SEC. 3. +Section 53075.72 is added to the Government Code, to read: +53075.72. +It is the intent of the Legislature that: +(a) Regulation of taxicab transportation services shall be modernized in order for taxicabs to better compete with all for-hire modes of transportation. +(b) Taxicab regulation shall be moved from the patchwork of various local requirements to one state agency to coincide with the Governor’s reorganization of transportation. +(c) Duties and responsibilities for the regulation of taxicab transportation services shall be established by state departments within the agency that handles all other modes of for-hire transportation. +(d) The Governor shall propose the specific budget and statutory changes needed to establish duties and responsibilities to the agency that handles all other modes of for-hire transportation. +(e) Conforming changes shall be made to this code and other codes. +(f) A city or county shall not impose any rule or regulation governing taxicab transportation services that is inconsistent with or in addition to the requirements established by state departments within the agency that handles all other modes of for-hire transportation. +SEC. 4. +The Legislature finds and declares that taxicabs face a substantial competitive disadvantage due to the numerous and differing requirements from city to city while all other modes of for-hire transportation are regulated by one statewide entity, and, therefore, the regulation of taxicab transportation services and taxicab drivers is an issue of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act shall apply to charter cities and charter counties. +SEC. 5. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique medallion system of the City and County of San Francisco. +SEC. 6. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires every city or county to adopt an ordinance or resolution in regard to taxicab transportation service and requires each city or county to provide for a policy for entry into the business of providing taxicab transportation service, establishment or registration of rates for the provision of taxicab transportation service, and a mandatory controlled substance and alcohol testing certification program for drivers, as specified. +This bill would make those provisions inapplicable to a city or county, other than the City and County of San Francisco, on the date upon which the Director of Finance notifies the Speaker of the Assembly and the President pro Tempore of the Senate of the completion of a state reorganization of transportation duties from the Public Utilities Commission to other agencies, if taxicab transportation services are included in the reorganization. The bill would require taxicab transportation services and taxicab drivers to be subject to rules or regulations adopted by cities and counties as they existed on July 1, 2016, except for requirements specified in the bill that would apply to cities and counties, including charter cities and counties, other than the City and County of San Francisco. By imposing new duties on local governments, this bill would impose a state-mandated local program. The bill would declare that its provisions are a matter of statewide concern and not a municipal affair. The bill would declare the intent of the Legislature that, among other things, regulation of taxicab transportation services shall be modernized and moved to one state agency. +This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 53075.5 of, and to add Sections 53075.71 and 53075.72 to, the Government Code, relating to transportation." +582,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature that the County of Sacramento notify and consult with the Amador County Transportation Commission, the Counties of Amador, Calaveras, and Alpine, the Cities of Plymouth, Amador City, Sutter Creek, and Jackson, and other relevant parties about any proposed relinquishment of Route 16 to the County of Sacramento as provided in this act. +SEC. 2. +Section 316 of the Streets and Highways Code is amended to read: +316. +(a) Route 16 is from: +(1) Route 20 to Route 5 near Woodland via Rumsey and Woodland. +(2) Route 50 near Perkins to Route 49 near Drytown. +(b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the City of Sacramento the portion of Route 16 that is located within the city limits of that city if the city agrees to accept it. The following conditions shall apply upon relinquishment: +(1) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. +(2) On and after the effective date of the relinquishment, the relinquished portion of Route 16 shall cease to be a state highway. +(3) The portion of Route 16 relinquished under this subdivision shall be ineligible for future adoption under Section 81. +(4) For the portion of Route 16 relinquished under this subdivision, the City of Sacramento shall apply for approval of a business route designation for the relinquished portion of the highway in accordance with Chapter 20, Topic 21, of the Highway Design Manual. +(5) For the portion of Route 16 relinquished under this subdivision, the City of Sacramento shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 16 to the east. +(6) The City of Sacramento shall maintain the Surface Transportation Assistance Act (STAA) truck route designation for the portion of Route 16 relinquished that previously held that designation. +(c) (1) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the County of Sacramento the portion of Route 16 that is within the unincorporated area of the county and between the general easterly city limits of the City of Sacramento, approximately post mile 3.3, and 0.2 miles east of Grant Line Road, approximately post mile 12.7, if the county agrees to accept it. +(2) The following conditions shall apply upon relinquishment: +(A) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. +(B) On and after the effective date of the relinquishment, the relinquished portion of Route 16 shall cease to be a state highway. +(C) The portion of Route 16 relinquished under this subdivision shall be ineligible for future adoption under Section 81. +(D) For the portion of Route 16 relinquished under this subdivision, the County of Sacramento shall apply for approval of a business route designation for the relinquished portion of the highway in accordance with Chapter 20, Topic 21, of the Highway Design Manual. +(E) For the portion of Route 16 relinquished under this subdivision, the County of Sacramento shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 16 to the east. +(F) The County of Sacramento shall maintain the STAA truck route designation for the portion of Route 16 relinquished that previously held that designation. +(G) The County of Sacramento shall ensure the continuity of traffic flow on the relinquished portion of Route 16 within its jurisdiction, including, but not limited to, any traffic signal progression. +(H) Any relinquishment agreement shall require that the County of Sacramento administer the operation and maintenance of the roadway in a manner that is consistent with professional traffic engineering standards. +(I) Any relinquishment agreement shall require the County of Sacramento to ensure that appropriate traffic studies or analyses will be performed to substantiate decisions affecting traffic on the roadway. +(d) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the City of Rancho Cordova the portion of Route 16 that is within the city limits of the city between Sunrise Boulevard, approximately post mile 11.5, and Grant Line Road, approximately post mile 12.5, if the city agrees to accept it. The following conditions shall apply upon relinquishment: +(1) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. +(2) On and after the effective date of the relinquishment, the relinquished portion of Route 16 shall cease to be a state highway. +(3) The portion of Route 16 relinquished under this subdivision shall be ineligible for future adoption under Section 81. +(4) For the portion of Route 16 relinquished under this subdivision, the City of Rancho Cordova shall apply for approval of a business route designation for the relinquished portion of the highway in accordance with Chapter 20, Topic 21, of the Highway Design Manual.","Existing law gives the Department of Transportation full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish certain state highway segments to local agencies. +Existing law authorizes the commission to relinquish to the County of Sacramento the portion of State Highway Route 16 that is located within the unincorporated area of the county, east of the City of Sacramento boundary and west of Watt Avenue, under certain conditions. +This bill would revise this authorization to apply to a specified portion of State Highway Route 16 that is located within the unincorporated area of the county, between the general easterly city limits of the City of Sacramento and near Grant Line Road, and would impose additional conditions on the relinquishment. The bill would state the intent of the Legislature in this regard. +This bill would also authorize the commission to relinquish to the City of Rancho Cordova a specified portion of State Highway Route 16, under certain conditions.","An act to amend Section 316 of the Streets and Highways Code, relating to state highways." +583,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19227 of the Food and Agricultural Code is amended to read: +19227. +(a) In addition to the license fee required pursuant to Section 19225, the department may charge each licensed renderer and collection center an additional fee necessary to cover the reasonable costs of administering Article 6 (commencing with Section 19300) and Article 6.5 (commencing with Section 19310). The additional fees authorized to be imposed by this section may not exceed ten thousand dollars ($10,000) per year per each licensed rendering plant or collection center. +(b) The secretary may, based upon the findings and recommendation of the Rendering Industry Advisory Board, determine the additional fee amounts necessary to provide the revenue needed to carry out the provisions of this chapter specified in subdivision (a). The secretary and the Rendering Industry Advisory Board shall not exceed the maximum amount for additional fees authorized pursuant to subdivision (a). Setting the additional fee or fees shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The secretary shall only have the authority to raise an additional fee pursuant to this section upon recommendation of the Rendering Industry Advisory Board. +(c) The secretary shall fix the additional fee amounts established pursuant to this section and may fix different fees for renderers and collection centers. If an additional fee is imposed on licensed renderers pursuant to subdivision (a) and an additional fee is imposed on registered transporters pursuant to subdivision (a) of Section 19315, only one additional fee may be imposed on a person or firm that is both licensed as a renderer pursuant to Article 6 (commencing with Section 19300) and registered as a transporter of inedible kitchen grease pursuant to Article 6.5 (commencing with Section 19310), which fee shall be the higher of the two fees. +(d) If the additional fee established pursuant to this section is not paid within one calendar month of the date it is due, a penalty shall be imposed in the amount of 10 percent per annum on the amount of the unpaid fee. +(e) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute that becomes operative on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 2. +Section 19312 of the Food and Agricultural Code is amended to read: +19312. +(a) Registration shall be made with the department and shall include all of the following: +(1) The applicant’s name and address. +(2) A description of the operations to be performed by the applicant. +(3) The vehicles to be used in the transportation. +(4) A registration fee not to exceed two hundred fifty dollars ($250). +(5) A list of the names of the drivers employed by the transporter who transport inedible kitchen grease subject to this article and their drivers’ license numbers. +(6) Any other information that may be required by the department. +(b) Any renderer or collection center that registers pursuant to this article is not required to pay the fee prescribed in this section. +(c) The department may refuse to issue an original or renewal registration certificate to an applicant for either of the following reasons: +(1) The existence of the grounds specified in subdivisions (a) to (e), inclusive, of Section 19314. +(2) A failure to pay, in full by the established due date, any penalty levied by the department for a previous violation of this article or Article 6 (commencing with Section 19300). +(d) (1) The applicant may appeal the decision of the department to refuse to register the applicant. +(2) The department shall establish procedures for the appeals process, to include a noticed hearing. +(3) The department may reverse a decision to refuse to register the applicant, upon a finding of good cause to do so. +(e) The department shall adopt regulations that specify the maximum time period for which a refusal of registrations may be imposed, based on the severity or the number of violations that are the basis of the department’s action. The time period for the refusal of registration shall not exceed three years from the date the refusal of registration is imposed. +SEC. 3. +Section 19315 of the Food and Agricultural Code is amended to read: +19315. +(a) Except as provided in subdivision (c), in addition to the registration fee required by Section 19312, the department may charge a fee necessary to cover the costs of administering this article. Any additional fee charged pursuant to this section shall not exceed five hundred dollars ($500) per year per vehicle that is operated to transport kitchen grease, and shall not exceed ten thousand dollars ($10,000) per year per registered transporter. +(b) The secretary may, based upon the findings and recommendation of the Rendering Industry Advisory Board, determine the specific fee per vehicle necessary to provide the revenue needed to carry out the provisions of this article. The secretary and the Rendering Industry Advisory Board shall not exceed the maximum fee amounts established by this section. Setting the fee amounts authorized pursuant to subdivision (a) shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The secretary shall only have the authority to raise an additional fee pursuant to this section upon recommendation of the Rendering Industry Advisory Board. +(c) An individual registered pursuant to this article who transports inedible kitchen grease for his or her own personal, noncommercial use as an alternative fuel is exempt from 75 percent of the fee charged pursuant to subdivision (a), and shall meet all of the following requirements: +(1) The individual shall meet all other requirements of this article. +(2) The individual shall not transport more than 55 gallons of inedible kitchen grease per load for that purpose, and shall have no more than 165 gallons of inedible kitchen grease in his or her possession or control at any time. +(3) The individual shall not take any inedible kitchen grease from a container owned by another registered transporter of inedible kitchen grease or from an inedible kitchen grease provider under contract with a registered transporter of inedible kitchen grease or from a container owned by a renderer or collection center. +(4) The individual shall have a document in his or her possession while transporting inedible kitchen grease signed by the responsible party providing the inedible kitchen grease to the individual at the source of the inedible kitchen grease that provides permission for the inedible kitchen grease to be removed from that site. +(5) The individual shall specify where the inedible kitchen grease is stored and processed as an alternative fuel, if that address is different from the address included on the registration form for that individual pursuant to Section 19312. +(6) The individual shall not sell, barter, or trade any inedible kitchen grease. +(d) The secretary shall fix the additional fees established pursuant to this section and may fix different fees for transporters of inedible kitchen grease and collection centers, and for transporters of interceptor grease. If an additional fee is imposed on licensed renderers pursuant to subdivision (a) of Section 19227 and an additional fee is imposed on registered transporters pursuant to subdivision (a) of this section, only one additional fee may be imposed on a person or firm that is both licensed as a renderer pursuant to Article 6 (commencing with Section 19300) and registered as a transporter of inedible kitchen grease pursuant to this article, which fee shall be the higher of the two fees. +(e) If the additional fee established pursuant to this section is not paid within one calendar month of the date it is due, a penalty shall be imposed in the amount of 10 percent per annum on the amount of the unpaid fee. +(f) For purposes of this section, “interceptor grease” means inedible kitchen grease that is principally derived from food preparation, processing, or waste, and that is removed from a grease trap or grease interceptor. +(g) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed.","(1) Existing law regulates rendering, which is defined as the recycling, processing, and conversion of, among other things, inedible kitchen grease. Existing law, operative until July 1, 2020, authorizes the Department of Food and Agriculture, in addition to the license fee, to charge each licensed renderer and collection center an additional fee to cover the reasonable costs of administering provisions regulating renderers, collection centers, and transporters of inedible kitchen grease, and requires that the additional fees may not exceed $3,000 per year. +This bill would increase the maximum amount of these additional fees to $10,000 per year. +(2) Existing law requires transporters of inedible kitchen grease to be registered and to pay a $100 registration fee. Existing law, operative until July 1, 2020, authorizes the department, except as specified, to charge an additional fee not to exceed $300 per year per vehicle that is operated to transport kitchen grease for purposes of administering the provisions regulating these transporters, up to a maximum of $3,000 per year per registered transporter. +This bill would increase the registration fee for transporters of inedible kitchen grease to not to exceed $250. The bill would also increase the additional fee to not to exceed $500 per year per vehicle that is operated to transport kitchen grease and the maximum to not exceed $10,000 per year per registered transporter. +(3) This bill would also authorize the Secretary of Food and Agriculture, based upon the findings and recommendation of the Rendering Industry Advisory Board, to determine the additional fee amounts, as described above under (1) and (2), necessary to provide the revenue needed to carry out these provisions. The bill would require the secretary and the board to not exceed the maximum amount for additional fees authorized pursuant to these provisions. The bill would provide that the secretary shall only have the authority to raise an additional fee upon recommendation of the board. The bill would exempt the setting of these additional fees from the requirements of the Administrative Procedure Act. +(4) Existing law requires fees collected pursuant to these provisions to be deposited into the Department of Food and Agriculture Fund and continuously appropriates the collected funds for the purposes described above. +By increasing these additional fees and the registration fee for transporters of inedible kitchen grease, which are deposited into a continuously appropriated fund, the bill would make an appropriation.","An act to amend Sections 19227, 19312, and 19315 of the Food and Agricultural Code, relating to rendering, and making an appropriation therefor." +584,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 480 of the Revenue and Taxation Code, as amended by Section 6 of Chapter 454 of the Statutes of 2015, is amended to read: +480. +(a) Whenever there occurs any change in ownership of real property, a manufactured home, or a floating home that is subject to local property taxation and is assessed by the county assessor, the transferee shall file a signed change in ownership statement in the county where the real property, manufactured home, or floating home is located, as provided for in subdivision (c). In the case of a change in ownership where the transferee is not locally assessed, no change in ownership statement is required. +(b) The personal representative shall file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. The statement shall be filed +prior to or at the time the inventory and appraisal is filed with the court clerk. +within four months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers. +In all other cases in which an interest in real property is transferred by reason of death, including a transfer through the medium of a trust, the change in ownership statement or statements shall be filed by the trustee (if the property was held in trust) or the transferee with the county recorder or assessor in each county in which the decedent owned an interest in real property within 150 days after the date of death. +(c) Except as provided in subdivision (d), the change in ownership statement as required pursuant to subdivision (a) shall be declared to be true under penalty of perjury and shall give that information relative to the real property, manufactured home, or floating home acquisition transaction as the board shall prescribe after consultation with the California Assessors’ Association. The information shall include, but not be limited to, a description of the property, the parties to the transaction, the date of acquisition, the amount, if any, of the consideration paid for the property, whether paid in money or otherwise, and the terms of the transaction. The change in ownership statement shall not include any question that is not germane to the assessment function. The statement shall contain a notice informing the transferee of the property tax relief available under Section 69.5. The statement shall contain a notice that is printed, with the title in at least 12-point boldface type and the body in at least 8-point boldface type, in the following form: + + +“Important +Notice” +Notice + + +“The +The +law requires any transferee acquiring an interest in real property, manufactured home, or floating home subject to local property taxation, and that is assessed by the county assessor, to file a change in ownership statement with the county recorder or assessor. The change in ownership statement must be filed at the time of recording or, if the transfer is not recorded, within 90 days of the date of the change in ownership, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated, +shall be filed at the time the inventory and appraisal is filed. +within four months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers. +The failure to file a change in ownership statement within 90 days from the date a written request is mailed by the assessor results in a penalty of either: (1) one hundred dollars ($100), or (2) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership of the real property, manufactured home, or floating home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners’ exemption or twenty thousand dollars ($20,000) if the property is not eligible for the homeowners’ exemption if that failure to file was not willful. This penalty will be added to the assessment roll and shall be collected like any other delinquent property taxes, and be subject to the same penalties for nonpayment.” + + +(d) The change in ownership statement may be attached to or accompany the deed or other document evidencing a change in ownership filed for recording, in which case the notice, declaration under penalty of perjury, and any information contained in the deed or other transfer document otherwise required by subdivision (c) may be omitted. +(e) If the document evidencing a change in ownership is recorded in the county recorder’s office, then the statement shall be filed with the recorder at the time of recordation. However, the recordation of the deed or other document evidencing a change in ownership shall not be denied or delayed because of the failure to file a change of ownership statement, or filing of an incomplete statement, in accordance with this subdivision. If the document evidencing a change in ownership is not recorded or is recorded without the concurrent filing of a change in ownership statement, then the statement shall be filed with the assessor no later than 90 days from the date the change in ownership occurs, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated, +shall be filed at the time the inventory and appraisal is filed. +within four months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers. +(f) Whenever a change in ownership statement is filed with the county recorder’s office, the recorder shall transmit, as soon as possible, the original statement or a true copy thereof to the assessor along with a copy of every recorded document as required by Section 255.7. +(g) (1) The change in ownership statement may be filed with the assessor through the United States mail, properly addressed with the postage prepaid. +(2) A change in ownership statement that is filed with the assessor, as authorized by paragraph (1), shall be deemed filed on either the date of the postmark affixed by the United States Postal Service containing the statement or on the date certified by a bona fide private courier service on the envelope containing the statement. +(h) In the case of a corporation, the change in ownership statement shall be signed either by an officer of the corporation or an employee or agent who has been designated in writing by the board of directors to sign those statements on behalf of the corporation. In the case of a partnership, limited liability company, or other legal entity, the statement shall be signed by an officer, partner, manager, or an employee or agent who has been designated in writing by the partnership, limited liability company, or legal entity. +(i) No person or entity acting for or on behalf of the parties to a transfer of real property shall incur liability for the consequences of assistance rendered to the transferee in preparation of any change in ownership statement, and no action may be brought or maintained against any person or entity as a result of that assistance. +Nothing in this section shall create a duty, either directly or by implication, that the assistance be rendered by any person or entity acting for or on behalf of parties to a transfer of real property. +SECTION 1. +Section 480 of the +Revenue and Taxation Code +is amended to read: +480. +(a)Whenever there occurs any change in ownership of real property or of a manufactured home that is subject to local property taxation and is assessed by the county assessor, the transferee shall file a signed change in ownership statement in the county where the real property or manufactured home is located, as provided for in subdivision (c). In the case of a change in ownership where the transferee is not locally assessed, no change in ownership statement is required. +(b)The personal representative shall file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. The statement shall be filed within 150 days after the date of death. In all other cases in which an interest in real property is transferred by reason of death, including a transfer through the medium of a trust, the change in ownership statement or statements shall be filed by the trustee (if the property was held in trust) or the transferee with the county recorder or assessor in each county in which the decedent owned an interest in real property within 150 days after the date of death. +(c)Except as provided in subdivision (d), the change in ownership statement as required pursuant to subdivision (a) shall be declared to be true under penalty of perjury and shall give that information relative to the real property or manufactured home acquisition transaction as the board shall prescribe after consultation with the California Assessors’ Association. The information shall include, but not be limited to, a description of the property, the parties to the transaction, the date of acquisition, the amount, if any, of the consideration paid for the property, whether paid in money or otherwise, and the terms of the transaction. The change in ownership statement shall not include any question that is not germane to the assessment function. The statement shall contain a notice informing the transferee of the property tax relief available under Section 69.5. The statement shall contain a notice that is printed, with the title in at least 12-point boldface type and the body in at least 8-point boldface type, in the following form: + + +“Important Notice” + + +“The law requires any transferee acquiring an interest in real property or manufactured home subject to local property taxation, and that is assessed by the county assessor, to file a change in ownership statement with the county recorder or assessor. The change in ownership statement must be filed at the time of recording or, if the transfer is not recorded, within 90 days of the date of the change in ownership, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death. The failure to file a change in ownership statement within 90 days from the date a written request is mailed by the assessor results in a penalty of either: (1) one hundred dollars ($100), or (2) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership of the real property or manufactured home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners’ exemption or twenty thousand dollars ($20,000) if the property is not eligible for the homeowners’ exemption if that failure to file was not willful. This penalty will be added to the assessment roll and shall be collected like any other delinquent property taxes, and be subject to the same penalties for nonpayment.” + + +(d)The change in ownership statement may be attached to or accompany the deed or other document evidencing a change in ownership filed for recording, in which case the notice, declaration under penalty of perjury, and any information contained in the deed or other transfer document otherwise required by subdivision (c) may be omitted. +(e)If the document evidencing a change in ownership is recorded in the county recorder’s office, then the statement shall be filed with the recorder at the time of recordation. However, the recordation of the deed or other document evidencing a change in ownership shall not be denied or delayed because of the failure to file a change of ownership statement, or filing of an incomplete statement, in accordance with this subdivision. If the document evidencing a change in ownership is not recorded or is recorded without the concurrent filing of a change in ownership statement, then the statement shall be filed with the assessor no later than 90 days from the date the change in ownership occurs, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death. +(f)Whenever a change in ownership statement is filed with the county recorder’s office, the recorder shall transmit, as soon as possible, the original statement or a true copy thereof to the assessor along with a copy of every recorded document as required by Section 255.7. +(g)(1)The change in ownership statement may be filed with the assessor through the United States mail, properly addressed with the postage prepaid. +(2)A change in ownership statement that is filed with the assessor, as authorized by paragraph (1), shall be deemed filed on either the date of the postmark affixed by the United States Postal Service containing the statement or on the date certified by a bona fide private courier service on the envelope containing the statement. +(h)In the case of a corporation, the change in ownership statement shall be signed either by an officer of the corporation or an employee or agent who has been designated in writing by the board of directors to sign those statements on behalf of the corporation. In the case of a partnership, limited liability company, or other legal entity, the statement shall be signed by an officer, partner, manager, or an employee or agent who has been designated in writing by the partnership, limited liability company, or legal entity. +(i)No person or entity acting for or on behalf of the parties to a transfer of real property shall incur liability for the consequences of assistance rendered to the transferee in preparation of any change in ownership statement, and no action may be brought or maintained against any person or entity as a result of that assistance. +Nothing in this section shall create a duty, either directly or by implication, that the assistance be rendered by any person or entity acting for or on behalf of parties to a transfer of real property.","Existing property tax law requires, when there is a change in ownership of real +property or of +property, +a manufactured +home +home, or a floating home +that is subject to local property taxation and is assessed by the county assessor, a change in ownership statement to be +filed +filed, under penalty of perjury, +in the county where the real +property or +property, +manufactured +home +home, or floating home +is located, as provided. Existing law, in the case of probate, requires the personal representative to file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. Existing law requires that statement to be filed before or at the time the inventory and appraisal is filed with the court clerk. +This bill instead, in the case of probate, would require the statement to be filed within +150 days after the date of death. +4 months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers.","An act to amend Section 480 of the Revenue and Taxation Code, relating to taxation." +585,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4011.10 of the Penal Code is amended to read: +4011.10. +(a) It is the intent of the Legislature in enacting this section to provide county sheriffs, chiefs of police, and directors or administrators of local detention facilities with an incentive to not engage in practices designed to avoid payment of legitimate health care costs for the treatment or examination of persons lawfully in their custody, and to promptly pay those costs as requested by the provider of services. Further, it is the intent of the Legislature to encourage county sheriffs, chiefs of police, and directors or administrators of local detention facilities to bargain in good faith when negotiating a service contract with hospitals providing health care services. +(b) Notwithstanding any other law, a county sheriff, police chief, or other public agency that contracts for health care services, may contract with providers of health care services for care to local law enforcement patients. Hospitals that do not contract for health care services with the county sheriff, police chief, or other public agency shall provide health care services to local law enforcement patients at a rate equal to 110 percent of the hospital’s actual costs according to the most recent Hospital Annual Financial Data report issued by the Office of Statewide Health Planning and Development, as calculated using a cost-to-charge ratio, or, for claims that have not previously been paid or otherwise determined by local law enforcement, according to the most recently approved cost-to-charge ratio from the Medicare Program. The hospital, with the approval of the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, may choose the most appropriate cost-to-charge ratio and shall provide notice to the county sheriff, police chief, or other public agency, as applicable, of any change. If the hospital uses the cost-to-charge ratio from the Medicare Program, the hospital shall attach supporting Medicare documentation and an expected payment calculation to the claim. If a claim does not contain the supporting Medicare documentation and expected payment calculation, or if, within 60 days of the hospital’s request for approval to use the cost-to-charge ratio from the Medicare Program, approval is not granted by the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, the Office of Statewide Health Planning and Development cost-to-charge ratio shall be used to calculate the payment. +(c) A county sheriff or police chief shall not request the release of an inmate from custody for the purpose of allowing the inmate to seek medical care at a hospital, and then immediately rearrest the same individual upon discharge from the hospital, unless the hospital determines this action would enable it to bill and collect from a third-party payment source. +(d) The California Hospital Association, the University of California, the California State Sheriffs’ Association, and the California Police Chiefs Association shall, immediately upon enactment of this section, convene the Inmate Health Care and Medical Provider Fair Pricing Working Group. The working group shall consist of at least six members from the California Hospital Association and the University of California, and six members from the California State Sheriffs’ Association and the California Police Chiefs Association. Each organization should give great weight and consideration to appointing members of the working group with diverse geographic and demographic interests. The working group shall meet as needed to identify and resolve industry issues that create fiscal barriers to timely and affordable inmate health care. In addition, the working group shall address issues, including, but not limited to, inmates being admitted for care and later rearrested and any other fiscal barriers to hospitals being able to enter into fair market contracts with public agencies. To the extent that the rate provisions of this statute result in a disproportionate share of local law enforcement patients being treated at any one hospital or system of hospitals, the working group shall address this issue. No reimbursement is required under this provision. +(e) This section does not require or encourage a hospital or public agency to replace any existing arrangements that any city police chief, county sheriff, or other public agency that contracts for health care services for local law enforcement patients has with health care providers. +(f) An entity that provides ambulance or any other emergency or nonemergency response service to a sheriff or police chief, and that does not contract with their departments for that service, shall be reimbursed for the service at the rate established by Medicare. Neither the sheriff nor the police chief shall reimburse a provider of any of these services that his or her department has not contracted with at a rate that exceeds the provider’s reasonable and allowable costs, regardless of whether the provider is located within or outside of California. +(g) For the purposes of this section, “reasonable and allowable costs” shall be defined in accordance with Part 413 of Title 42 of the Code of Federal Regulations and federal Centers for Medicare and Medicaid Services Publication Numbers 15-1 and 15-2. +(h) For purposes of this section, in those counties in which the sheriff does not administer a jail facility, a director or administrator of a local department of corrections established pursuant to Section 23013 of the Government Code is the person who may contract for services provided to jail inmates in the facilities he or she administers in those counties.","Existing federal law provides for the federal Medicare Program, which is a public health insurance program for persons 65 years of age and older and specified persons with disabilities who are under 65 years of age. +Existing law authorizes a county sheriff, police chief, or other public agency that contracts for health care services, to contract with providers of health care services for care to local law enforcement patients. Existing law requires hospitals that do not contract with the county sheriff, police chief, or other public agency that contracts for health care services to provide health care services to local law enforcement patients at a rate equal to 110% of the hospital’s actual costs according to the most recent Hospital Annual Financial Data report issued by the Office of Statewide Health Planning and Development, as calculated using a cost-to-charge ratio. +This bill would authorize, for claims that have not previously been paid or otherwise determined by local law enforcement, those costs to be calculated according to the most recent approved cost-to-charge ratio from the Medicare Program. The bill would authorize the hospital, with the approval of the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, to choose which cost-to-charge ratio is most appropriate, and would require the hospital to give notice of any change. If the hospital chooses to use the cost-to-charge ratio from the Medicare Program, the bill would require the hospital to attach supporting Medicare documentation and an expected payment calculation to the claim. If a claim does not contain that documentation and payment calculation, or if, within 60 days of the hospital’s request for approval to use the cost-to-charge ratio from the Medicare Program, approval is not granted by the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, the bill would require the Office of Statewide Health Planning and Development cost-to-charge ratio to be used to calculate the payment. The bill would also make technical, nonsubstantive changes.","An act to amend Section 4011.10 of the Penal Code, relating to health care." +586,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 73.5 is added to the Military and Veterans Code, to read: +73.5. +(a) (1) There is hereby created the office of Inspector General for Veterans Affairs within the department. +(2) The inspector general shall be appointed by the Governor, subject to Senate confirmation. +(3) (A) The inspector general shall be subject to the direction of the Governor. +(B) The inspector general shall provide ongoing and independent advice to the board regarding any issue that is being considered by the board. +(b) The inspector general shall be responsible for all of the following: +(1) Reviewing the operations and financial condition of each California veterans home and veterans farm and home purchase program. For the purposes of reviewing the operations of each veterans home, the Veterans Home Allied Council and home residents shall have unfettered access to the inspector general. +(2) Reviewing the operation and financial condition of all other veterans programs supported by the state including, but not limited to, county veterans service offices and veterans memorials. +(3) Investigating any allegations of department employee misconduct and reporting any findings of misconduct directly to the secretary, for further action that the secretary may deem necessary. +(c) (1) The inspector general shall conduct a review or investigation, as specified in subdivision (b), if requested to do so by the Governor, any member of the board, or the secretary. In addition, the inspector general may conduct a review or investigation, as specified in subdivision (b), as he or she deems necessary or if requested by any Member of the Legislature or any member of the public. +(2) Whenever the inspector general conducts a review or investigation pursuant to a request of any Member of the Legislature, the inspector general shall submit a report of his or her findings to that member. +(d) (1) Beginning January 1, 2017, and each year after, the inspector general shall submit a report to the board and the Legislature and make any recommendations he or she deems necessary for improving the operations of the veterans programs. +(2) A report submitted to the Legislature pursuant to paragraph (1) shall comply with Section 9795 of the Government Code. +(3) This subdivision shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2020, deletes or extends that date. +SEC. 2. +Section 73.6 is added to the Military and Veterans Code, to read: +73.6. +(a) The inspector general may receive communications from any individual, including, but not limited to, a participant in a farm and home purchase program or a resident of a California veterans home, who believes he or she may have information that warrants a review or investigation of a veterans program that is supported by the state. The identity of the person providing the information shall be held as confidential by the inspector general and may be disclosed only to the Governor, any member of the board, any Member of the Legislature, or the secretary, as the inspector general deems appropriate and in the furtherance of his or her duties. +(b) In order to properly respond to any allegation, the inspector general shall establish a toll-free public telephone number for the purpose of identifying any alleged wrongdoing regarding veterans programs. This telephone number shall be posted at every California veterans home and throughout all department and county veterans service offices, in clear view of all veterans home residents, employees, and the public. In addition, the telephone number shall be issued to every participant of a home purchase program. When deemed appropriate by the inspector general, he or she shall initiate a review or investigation of any alleged wrongdoing. However, any request to conduct an investigation shall be in writing. The request shall be confidential and is not subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). +(c) The identity of the person providing the information that initiated the review or investigation shall not be disclosed without that person’s written permission, except to a law enforcement agency in the furtherance of its duties. +SEC. 3. +The Legislature finds and declares that Section 2 of this act, which adds Section 73.6 of the Military and Veterans Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +In order to protect the privacy of persons who provide information of alleged wrongdoing by or complaints against veterans programs to the Inspector General for Veterans Affairs, the limitations on the public’s right of access imposed by Section 2 of this act are necessary.","Existing law establishes the Department of Veterans Affairs and designates the Secretary of Veterans Affairs as the chief administrative officer of the department. Existing law also establishes the California Veterans Board, and requires the board to advise the department and secretary on policies for operations of the department. Existing law provides for veterans programs, including the veterans farm and home purchase programs, and provides for veterans homes. +This bill would create the office of Inspector General for Veterans Affairs, who would be subject to the direction of the Governor, within the department. The bill would require the inspector general to be appointed by the Governor, subject to Senate confirmation. The inspector general would be responsible for reviewing the operations and financial condition of each California veterans home, each veterans farm and home purchase program, and all other veterans programs supported by the state. Beginning January 1, 2017, and each year after, the bill would require the inspector general to submit a report to the board and the Legislature and make any recommendations he or she deems necessary for improving the operations of the veterans programs. The bill would repeal the reporting requirement on January 1, 2020. +The bill would authorize the inspector general to receive communications from any individual who believes he or she may have information that warrants a review or investigation of a veterans program. The bill would authorize, and in some instances require, the inspector general to conduct a review or investigation. The bill would also require the establishment of a toll-free telephone number to report alleged wrongdoing regarding veterans programs. +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to add Sections 73.5 and 73.6 to the Military and Veterans Code, relating to veterans." +587,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 27388 of the Government Code is amended to read: +27388. +(a) (1) In addition to any other recording fees specified in this code, upon the adoption of a resolution by the county board of supervisors, a fee of up to ten dollars ($10) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded within that county, except those expressly exempted from payment of recording fees and except as provided in paragraph (2). For purposes of this section, “real estate instrument” means a deed of trust, an assignment of deed of trust, an amended deed of trust, an abstract of judgment, an affidavit, an assignment of rents, an assignment of a lease, a construction trust deed, covenants, conditions, and restrictions (CC&Rs), a declaration of homestead, an easement, a lease, a lien, a lot line adjustment, a mechanics lien, a modification for deed of trust, a notice of completion, a quitclaim deed, a subordination agreement, a release, a reconveyance, a request for notice, a notice of default, a substitution of trustee, a notice of trustee sale, a trustee’s deed upon sale, or a notice of rescission of declaration of default, or any Uniform Commercial Code amendment, assignment, continuation, statement, or termination. The fees, after deduction of any actual and necessary administrative costs incurred by the county recorder in carrying out this section, shall be paid quarterly to the county auditor or director of finance, to be placed in the Real Estate Fraud Prosecution Trust Fund. The amount deducted for administrative costs shall not exceed 10 percent of the fees paid pursuant to this section. +(2) The fee imposed by paragraph (1) shall not apply to any real estate instrument, paper, or notice if any of the following apply: +(A) The real estate instrument, paper, or notice is accompanied by a declaration stating that the transfer is subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. +(B) The real estate instrument, paper, or notice is recorded concurrently with a document subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. +(C) The real estate instrument, paper, or notice is presented for recording within the same business day as, and is related to the recording of, a document subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. A real estate instrument, paper, or notice that is exempt under this subparagraph shall be accompanied by a statement that includes both of the following: +(i) A statement that the real estate instrument, paper, or notice is exempt from the fee imposed under paragraph (1). +(ii) A statement of the recording date and the recorder identification number or book and page of the previously recorded document. +(b) Money placed in the Real Estate Fraud Prosecution Trust Fund shall be expended to fund programs to enhance the capacity of local police and prosecutors to deter, investigate, and prosecute real estate fraud crimes. After deduction of the actual and necessary administrative costs referred to in subdivision (a), 60 percent of the funds shall be distributed to district attorneys subject to review pursuant to subdivision (d), and 40 percent of the funds shall be distributed to local law enforcement agencies within the county in accordance with subdivision (c). In those counties where the investigation of real estate fraud is done exclusively by the district attorney, after deduction of the actual and necessary administrative costs referred to in subdivision (a), 100 percent of the funds shall be distributed to the district attorney, subject to review pursuant to subdivision (d). A portion of the funds may be directly allocated to the county recorder to support county recorder fraud prevention programs, including, but not limited to, the fraud prevention program provided for in Section 27297.7. Prior to establishing or increasing fees pursuant to this section, the board of supervisors may consider support for county recorder fraud prevention programs. The funds so distributed shall be expended for the exclusive purpose of deterring, investigating, and prosecuting real estate fraud crimes. +(c) The county auditor or director of finance shall distribute funds in the Real Estate Fraud Prosecution Trust Fund to eligible law enforcement agencies within the county pursuant to subdivision (b), as determined by a Real Estate Fraud Prosecution Trust Fund Committee composed of the district attorney, the county chief administrative officer, the chief officer responsible for consumer protection within the county, and the chief law enforcement officer of one law enforcement agency receiving funding from the Real Estate Fraud Prosecution Trust Fund, the latter being selected by a majority of the other three members of the committee. The chief law enforcement officer shall be a nonvoting member of the committee and shall serve a one-year term, which may be renewed. Members may appoint representatives of their offices to serve on the committee. If a county lacks a chief officer responsible for consumer protection, the county board of supervisors may appoint an appropriate representative to serve on the committee. The committee shall establish and publish deadlines and written procedures for local law enforcement agencies within the county to apply for the use of funds and shall review applications and make determinations by majority vote as to the award of funds using the following criteria: +(1) Each law enforcement agency that seeks funds shall submit a written application to the committee setting forth in detail the agency’s proposed use of the funds. +(2) In order to qualify for receipt of funds, each law enforcement agency submitting an application shall provide written evidence that the agency either: +(A) Has a unit, division, or section devoted to the investigation or prosecution of real estate fraud, or both, and the unit, division, or section has been in existence for at least one year prior to the application date. +(B) Has on a regular basis, during the three years immediately preceding the application date, accepted for investigation or prosecution, or both, and assigned to specific persons employed by the agency, cases of suspected real estate fraud, and actively investigated and prosecuted those cases. +(3) The committee’s determination to award funds to a law enforcement agency shall be based on, but not be limited to, (A) the number of real estate fraud cases filed in the prior year; (B) the number of real estate fraud cases investigated in the prior year; (C) the number of victims involved in the cases filed; and (D) the total aggregated monetary loss suffered by victims, including individuals, associations, institutions, or corporations, as a result of the real estate fraud cases filed, and those under active investigation by that law enforcement agency. +(4) Each law enforcement agency that, pursuant to this section, has been awarded funds in the previous year, upon reapplication for funds to the committee in each successive year, in addition to any information the committee may require in paragraph (3), shall be required to submit a detailed accounting of funds received and expended in the prior year. The accounting shall include (A) the amount of funds received and expended; (B) the uses to which those 1695.1 of the Civil Code. Case filing decisions continue to be at the discretion of the prosecutor. +(g) A district attorney’s office or a local enforcement agency that has undertaken investigations and prosecutions that will continue into a subsequent program year may receive nonexpended funds from the previous fiscal year subsequent to the annual submission of information detailing the accounting of funds received and expended in the prior year. +(h) No money collected pursuant to this section shall be expended to offset a reduction in any other source of funds. Funds from the Real Estate Fraud Prosecution Trust Fund shall be used only in connection with criminal investigations or prosecutions involving recorded real estate documents.","Existing law authorizes the board of supervisors to adopt, by resolution, a fee of up to $10 for each recording of a real estate instrument, paper, or notice required or permitted by law to be recorded, except as specified. Existing law defines the term “real estate instrument” to exclude a deed, instrument, or writing recorded in connection with a transfer subject to a documentary transfer tax. +This bill would recast this latter exclusion from a “real estate instrument” as a statement that the above-described fee does not apply to any real estate instrument, paper, or notice accompanied by a declaration stating that the transfer is subject to a documentary transfer tax, is recorded concurrently with a transfer subject to a documentary transfer tax, or is presented for recording within the same business day as, and is related to the recording of, a transfer subject to a documentary transfer tax.","An act to amend Section 27388 of the Government Code, relating to local government." +588,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14186.36 of the Welfare and Institutions Code is amended to read: +14186.36. +(a) It is the intent of the Legislature that a universal assessment process for LTSS be developed and tested. The initial uses of this tool may inform future decisions about whether to amend existing law regarding the assessment processes that currently apply to LTSS programs, including IHSS. +(b) (1) In addition to the activities set forth in paragraph (9) of subdivision (a) of Section 14186.35, county agencies shall continue IHSS assessment and authorization processes, including making final determinations of IHSS hours pursuant to Article 7 (commencing with Section 12300) of Chapter 3 and regulations promulgated by the State Department of Social Services. +(2) No sooner than January 1, 2015, for the counties and beneficiary categories specified in subdivision (e), counties shall also utilize the universal assessment tool, as described in subdivision (c), if one is available and upon completion of the stakeholder process, system design and testing, and county training described in subdivisions (c) and (e), for the provision of IHSS services. This paragraph shall only apply to beneficiaries who consent to the use of the universal assessment process. The managed care health plans shall be required to cover IHSS services based on the results of the universal assessment process specified in this section. +(c) (1) No later than June 1, 2013, the department, the State Department of Social Services, and the California Department of Aging shall establish a stakeholder workgroup to develop the universal assessment process, including a universal assessment tool, for home- and community-based services, as defined in subdivision (b) of Section 14186.1. The stakeholder workgroup shall include, but not be limited to, consumers of IHSS and other home- and community-based services and their authorized representatives, managed care health plans, counties, IHSS, MSSP, and CBAS providers, area agencies on aging, independent living centers, and legislative staff. The universal assessment process shall be used for all home- and community-based services, including IHSS. In developing the process, the workgroup shall build upon the IHSS uniform assessment process and hourly task guidelines, the MSSP assessment process, and other appropriate home- and community-based assessment tools. +(2) (A) In developing the universal assessment process, the departments described in paragraph (1) shall develop a universal assessment tool that will inform the universal assessment process and facilitate the development of plans of care based on the individual needs of the consumer. The workgroup shall consider issues including, but not limited to, the following: +(i) The roles and responsibilities of the health plans, counties, and home- and community-based services providers administering the assessment. +(ii) The criteria for reassessment. +(iii) How the results of new assessments would be used for the oversight and quality monitoring of home- and community-based services providers. +(iv) How the appeals process would be affected by the assessment. +(v) The ability to automate and exchange data and information between home- and community-based services providers. +(vi) How the universal assessment process would incorporate person-centered principles and protections. +(vii) How the universal assessment process would meet the legislative intent of this article and the goals of the demonstration project pursuant to Section 14132.275. +(viii) The qualifications for, and how to provide guidance to, the individuals conducting the assessments. +(B) The workgroup shall also consider how this assessment may be used to assess the need for nursing facility care and divert individuals from nursing facility care to home- and community-based services. +(d) No later than December 1, 2016, the department, the State Department of Social Services, and the California Department of Aging shall report to the Legislature on the stakeholder workgroup’s progress in developing the universal assessment process, and shall identify the counties and beneficiary categories for which the universal assessment process may be implemented pursuant to subdivision (e). +(e) (1) No sooner than January 1, 2015, upon completion of the design and development of a new universal assessment tool, managed care health plans, counties, and other home- and community-based services providers may test the use of the tool for a specific and limited number of beneficiaries who receive or are potentially eligible to receive home- and community-based services pursuant to this article in no fewer than two, and no more than four, of the counties where the provisions of this article are implemented, if the following conditions have been met: +(A) The department has obtained any federal approvals through necessary federal waivers or amendments, or state plan amendments, whichever occurs later. +(B) The system used to calculate the results of the tool has been tested. +(C) Any entity responsible for using the tool has been trained in its usage. +(2) To the extent the universal assessment tool or universal assessment process results in changes to the authorization process and provision of IHSS services, those changes shall be automated in the Case Management Information and Payroll System. +(3) The department shall develop materials to inform consumers of the option to participate in the universal assessment tool testing phase pursuant to this paragraph. +(f) The department, the State Department of Social Services, and the California Department of Aging shall implement a rapid-cycle quality improvement system to monitor the implementation of the universal assessment process, identify significant changes in assessment results, and make modifications to the universal assessment process to more closely meet the legislative intent of this article and the goals of the demonstration project pursuant to Section 14132.275. +(g) Until existing law relating to the IHSS assessment process pursuant to Article 7 (commencing with Section 12300) of Chapter 3 is amended, beneficiaries shall have the option to request an additional assessment using the previous assessment process for those home- and community-based services and to receive services according to the results of the additional assessment. +(h) (1) No later than 15 months after the implementation of the universal assessment process, the department, the State Department of Social Services, and the California Department of Aging, in consultation with stakeholders, shall report to the Legislature on the results of the initial use of the universal assessment process, and may identify proposed additional beneficiary categories or counties for expanded use of this process and any necessary changes to provide statutory authority for the continued use of the universal assessment process. These departments shall report annually thereafter to the Legislature on the status and results of the universal assessment process. At a minimum, the report shall include, but not be limited to, all of the following: +(A) Findings from consumers assessed using the universal assessment tool regarding their satisfaction with both the universal assessment process and the assessor. +(B) Analysis of the consumers’ ability to follow and accurately respond to all assessment items. +(C) Data collected from the universal assessment process that is compared to previous assessment tool data and this information shall be reported to distinguish the impact of the universal assessment process through the new data collection process. +(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. +(i) This section shall remain operative only until September 1, 2018.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including, among other services, home- and community-based services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. +Existing law, until July 1, 2017, requires the State Department of Health Care Services, the State Department of Social Services, and the California Department of Aging to establish a stakeholder workgroup, as prescribed, to develop a universal assessment process, including a universal assessment tool, to be used for home- and community-based services. No later than March 1, 2014, existing law requires the State Department of Health Care Services, the State Department of Social Services, and the California Department of Aging to report to the Legislature on the stakeholder workgroup’s progress in developing the universal assessment process and to identify the counties and beneficiary categories for which the universal assessment process may be implemented. No sooner than January 1, 2015, upon completion of the design and development of that universal assessment tool, existing law authorizes managed care health plans, counties, and other home- and community-based services providers to test the use of the tool for certain beneficiaries in no fewer than 2, and no more than 4, specified counties if certain conditions have been met. No later than 9 months after the implementation of the universal assessment process, existing law requires the State Department of Health Care Services, the State Department of Social Services, and the California Department of Aging, to report to the Legislature on the results of the initial use of the universal assessment process. +This bill would extend the operation of these provisions until September 1, 2018. The bill would instead require the State Department of Health Care Services, the State Department of Social Services, and the California Department of Aging to report to the Legislature on the stakeholder workgroup’s progress no later than December 1, 2016. The bill would instead require the State Department of Health Care Services, the State Department of Social Services, and the California Department of Aging to report to the Legislature on the results of the initial use of the universal assessment process no later than 15 months after the implementation of the universal assessment process. The bill would require this report to include, among other things, findings from consumers assessed using the universal assessment tool regarding their satisfaction of the universal assessment process.","An act to amend Section 14186.36 of the Welfare and Institutions Code, relating to Medi-Cal." +589,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 200 of the Fish and Game Code is amended to read: +200. +(a) There is hereby delegated to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibia, and reptiles for purposes that include, but are not limited to, public health and safety, to the extent and in the manner prescribed in this article. +(b) No power is delegated to the commission by this article to regulate the taking, possessing, processing, or use of fish, amphibia, kelp, or other aquatic plants for commercial purposes, and no provision of this code relating or applying thereto, nor any regulation of the commission made pursuant to these provisions, shall be affected by this article or any regulation made under this article. +SEC. 2. +Section 200.5 is added to the Fish and Game Code, to read: +200.5. +(a) The Legislature finds and declares all of the following: +(1) The California Supreme Court In re Makings (1927) 200 Cal. 474, determined that Section 25 +1/2 +of Article IV of the California Constitution, as currently set forth in Section 20 of Article IV, prohibits local governmental entities from regulating, or interfering with, fish and game matters in any manner and places this responsibility with the Legislature in order to conserve California’s fish and wildlife and permit the greatest use of fish and game resources compatible with the reasonable protection thereof. +(2) The commission was established in 1870 to assist in the scientific, evidence-based management of California’s fish and wildlife resources. The California Constitution permits the Legislature to delegate to the commission certain powers relating to the management of fish and game, and the Legislature has delegated to the commission regulatory powers over the taking and possession of fish and game, as set forth in this code. +(3) Hunting and fishing are statistically among the safest outdoor recreational activities, and are already well regulated by the state through means that include, but are not limited to, mandatory safety and education requirements, discharge laws for firearms used to take wildlife, and regulations adopted by the commission. Additional local regulation would be unnecessary, would impede the proper administration of state fish and game laws, and would create significant enforcement issues. Hunting and fishing activities are also compatible with other recreational uses on many public lands and waters throughout the state. +(b) In enacting this section and Section 200.6, it is the intent of the Legislature to affirm, subject to applicable federal law, the exclusive legal authority granted to the commission and the department with regard to the taking and possession of fish and game and thereby ensure necessary statewide control by the commission and the department over fish and game matters for wildlife conservation purposes, the protection of, and access to, hunting and fishing opportunities for the public, and for public health and safety purposes. +(c) It is the intent of the Legislature to expressly preempt local ordinances regarding the taking or possession of fish and game, as provided in Section 200.6. +(d) It is the intent of the Legislature that local governments pursue requests for regulation of hunting, fishing, and depredation permits pursuant to Section 207. +SEC. 3. +Section 200.6 is added to the Fish and Game Code, to read: +200.6. +(a) The state fully occupies the field of the taking and possession of fish and game pursuant to this code, regulations adopted by the commission pursuant to this code, and Section 20 of Article IV of the California Constitution, and all local ordinances and regulations regarding the taking and possession of fish and game are subject to this section. +(b) The commission, the department, or any other governmental entity legally authorized to affect hunting and fishing on navigable waters held in public trust shall ensure that the recreation rights of the public guaranteed under Section 25 of Article I and Section 4 of Article X of the California Constitution are protected in a manner consistent with those provisions. +(c) (1) Unless expressly authorized by this code, other state law, or federal law, the commission and the department are the only entities in the state that may adopt or promulgate regulations regarding the taking or possession of fish and game on any lands or waters within the state. +(2) Nothing in this section prohibits a public or private landowner, or the landowner’s designee, from controlling access or use, including hunting or fishing, on property that the landowner owns in fee, leases, holds an easement upon, or is otherwise expressly authorized to control for those purposes in a manner consistent with state law. However, nothing in this section abridges the public’s rights of navigation, fishing, hunting, or other recreation on waters of the state (see Bohn v. Albertson (1951) 107 Cal.App.2d 738; People ex rel. Baker v. Mack (1971) 19 Cal.App.3d 1040; and 68 Ops.Cal.Atty.Gen. 268 (1985)). +(3) This section applies only to activities for which a hunting or fishing license or a depredation permit is required by this code or regulations adopted by the commission, and to activities carried out by an employee or agent of the department as part of his or her official duties. Nothing in this section shall be construed to diminish or affect existing legal protections for fish and game-related management, recreation, or other activities not specifically mentioned in this section. +SEC. 4. +Section 203.1 of the Fish and Game Code is amended to read: +203.1. +When adopting regulations pursuant to Section 203 or 205, the commission shall consider populations, habitat, food supplies, the welfare of individual animals, public health and safety, and other pertinent facts and testimony. +SEC. 5. +Section 12000 of the +Fish and Game Code +is amended to read: +12000. +(a)Except as expressly provided otherwise in this code, any violation of this code, or of any rule, regulation, or order made or adopted under this code, is a misdemeanor. +(b)Notwithstanding subdivision (a), a person who violates any of the following statutes or regulations is guilty of an infraction punishable by a fine of not less than one hundred dollars ($100) and not to exceed one thousand dollars ($1,000), or of a misdemeanor: +(1)Section 2009. +(2)Subdivision (b) of Section 3004. +(3)Subdivision (a) of Section 6596. +(4)Section 7149.8. +(5)Sections 1.14, 1.17, 1.62, 1.63, and 1.74 of Title 14 of the California Code of Regulations. +(6)Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive, of Title 14 of the California Code of Regulations. +(7)Sections 27.56 to 30.10, inclusive, of Title 14 of the California Code of Regulations. +(8)Sections 40 to 43, inclusive, of Title 14 of the California Code of Regulations. +(9)Section 251.7 of Title 14 of the California Code of Regulations. +(10)Sections 307, 308, and 311 to 313, inclusive, of Title 14 of the California Code of Regulations. +(11)Sections 505, 507 to 510, inclusive, and 550 to 553, inclusive, of Title 14 of the California Code of Regulations. +(12)Section 630 of Title 14 of the California Code of Regulations. +SEC. 5. +Section 3004 of the Fish and Game Code is amended to read: +3004. +(a) It is unlawful for +any +a +person, other than the owner, person in possession of the premises, or a person having the express permission of the owner or person in possession of the premises, +to hunt or to discharge while hunting, any firearm or other deadly weapon +while +within 150 yards of +any +an +occupied dwelling house, residence, or other +building or any +building, or within 150 yards of a +barn or other outbuilding used in connection +therewith. +with an occupied dwelling house, residence, or other building, to either hunt or discharge a firearm or other deadly weapon while hunting. +The 150-yard area is a “safety zone.” +(b) It is unlawful for +any +a +person to intentionally discharge +any +a +firearm or release +any +an +arrow or crossbow bolt over or across +any +a +public road or other established way open to the public in an unsafe +and reckless +manner. +SEC. 6. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) The California Constitution provides for the delegation to the Fish and Game Commission of powers relating to the protection and propagation of fish and game. Existing statutory law delegates to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibia, and reptiles in accordance with prescribed laws. Under existing law, the Department of Fish and Wildlife exercises various functions with regard to the taking of fish and game. Under existing law, a city or county has no authority to regulate fish and game except that a city or county may adopt an ordinance that incidentally affects fishing and hunting for the protection of public health and safety. +This bill would provide that the state fully occupies the field of the taking and possession of fish and game. The bill would provide that unless otherwise authorized by the Fish and Game Code, other state law, or federal law, the commission and the department are the only entities that may adopt or promulgate regulations regarding the taking or possession of fish and game on any lands or waters within the state. +(2) Existing law requires the commission, when adopting certain regulations relating to the taking or possession of resident game birds, game mammals, and fur-bearing mammals, to consider populations, habitat, food supplies, the welfare of individual animals, and other pertinent facts and testimony. +This bill would require the commission to consider these factors when adopting certain regulations relating to the taking or possession of fish, amphibians, and reptiles. The bill would also require the commission to consider public health and safety when adopting these regulations. +(3)Existing law generally makes any violation of the Fish and Game Code or any rule, regulation, or order made or adopted under the code a misdemeanor, and specifies that a violation of designated statutes or regulations is either an infraction or a misdemeanor. +This bill would make a violation of a specified statute relating to the intentional discharge of a firearm or release of an arrow or crossbow bolt over or across a public road or other established way open to the public in an unsafe and reckless manner an infraction or a misdemeanor. +(3) Existing law makes it unlawful for a person to intentionally discharge a firearm or release an arrow or crossbow bolt over or across a public road or other established way open to the public in an unsafe and reckless manner. Existing law makes a violation of this provision a misdemeanor. +This bill would delete the “reckless” element from that provision. Because the bill would expand the definition of a crime, it would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 200, 203.1, and +12000 +3004 +of, and to add Sections 200.5 and 200.6 to, the Fish and Game Code, relating to fish and wildlife." +590,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 786 of the Welfare and Institutions Code is amended to read: +786. +(a) If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the court’s order that was received. The court shall also provide notice to the minor and minor’s counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minor’s right to nondisclosure of the arrest and proceedings, as specified in subdivision (b). +(b) Upon the court’s order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. +(c) (1) For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section. +(2) An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section. +(d) A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707. +(e) (1) The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section. +(2) An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual. +(f) (1) A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances: +(A) By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3. +(B) By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. +(C) If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minor’s previous court-ordered programs or placements, and in that event solely to determine the individual’s eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor. +(D) Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. +(E) Upon the prosecuting attorney’s motion, made in accordance with Section 707, to initiate court proceedings to determine the minor’s fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minor’s fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. +(F) By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records. +(2) Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency. +(g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. +(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order. +(h) The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts. +SEC. 1.5. +Section 786 of the Welfare and Institutions Code is amended to read: +786. +(a) If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the court’s order that was received. The court shall also provide notice to the minor and minor’s counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minor’s right to nondisclosure of the arrest and proceedings, as specified in subdivision (b). +(b) Upon the court’s order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. +(c) (1) For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section. +(2) An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section. +(d) A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707. +(e) (1) The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section. +(2) An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual. +(f) (1) A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances: +(A) By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3. +(B) By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. +(C) If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minor’s previous court-ordered programs or placements, and in that event solely to determine the individual’s eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor. +(D) Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. +(E) Upon the prosecuting attorney’s motion, made in accordance with Section 707, to initiate court proceedings to determine the minor’s fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minor’s fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. +(F) By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records. +(G) The probation department of any county may access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance. +(2) Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency. +(g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. +(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order. +(h) This section does not prohibit the Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute. +(i) The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts. +SEC. 2. +Section 787 is added to the Welfare and Institutions Code, immediately following Section 786, to read: +787. +(a) Notwithstanding any other law, a record sealed pursuant to Section 781 or 786 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record. +(b) Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781 or 786 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true: +(1) The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision. +(2) Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization. +(c) For the purposes of this section “personally identifying information” has the same meaning as in Section 1798.79.8 of the Civil Code. +SEC. 3. +The Legislature finds and declares that Section 1 of this act, which amends Section 786 of the Welfare and Institutions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +In order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, the Department of Justice, or any other public agency also be, or be subject to being, sealed. +SEC. 4. +Section 1.5 of this bill incorporates amendments to Section 786 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 989. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 786 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 989, in which case Section 1 of this bill shall not become operative. +SEC. 5. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law subjects a person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records in the custody of the juvenile court pertaining to that dismissed petition, except as specified. +This bill would provide that these provisions do not apply if the petition was sustained based on the commission of certain offenses committed when the individual was 14 years of age or older. The bill would require records pertaining to those cases in the custody of law enforcement agencies, the probation department, or the Department of Justice to be sealed according to a certain procedure. The bill would authorize an individual who has a record that is eligible to be sealed to ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice. The bill would make records sealed pursuant to this provision available for access or inspection only under specified circumstances. The bill would make related changes. The bill would also require the Judicial Council to adopt rules of court, and make available appropriate forms, providing for the standardized implementation of these provisions by the juvenile courts. By imposing new duties on local agencies relating to sealing juvenile records, this bill would impose a state-mandated local program. +Existing law authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of the records relating to the person’s case, including records in the custody of the juvenile court, the probation officer, or any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. Existing law provides that records sealed pursuant to this provision are not open to inspection, except as specified. +This bill would additionally make those records open to inspection to comply with data collection or data reporting requirements imposed by other provisions of law and would authorize a court to give a researcher or research organization access to information contained in those records, as specified. +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect. +This bill would incorporate changes to Section 786 of the Welfare and Institutions Code proposed by both this bill and AB 989, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 786 of, and to add Section 787 to, the Welfare and Institutions Code, relating to juveniles." +591,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25206.1 is added to the Corporations Code, to read: +25206.1. +(a) For purposes of this section, a “finder” is a natural person who, for direct or indirect compensation, introduces or refers one or more accredited investors, as that term is defined in Rule 501(a) of Regulation D under the Securities Act of 1933 (17 C.F.R. 230.501(a)), to an issuer or an issuer to one or more accredited investors, solely for the purpose of a potential offer or sale of securities of the issuer in an issuer transaction in this state, and who does not do any of the following: +(1) Provide services to an issuer for a transaction or a series of related transactions for the offer or sale of securities of the issuer that exceeds a securities purchase price of fifteen million dollars ($15,000,000) in the aggregate. +(2) Participate in negotiating any of the terms of the offer or sale of the securities. +(3) Advise any party to the transaction regarding the value of the securities or the advisability of investing in, purchasing, or selling the securities. +(4) Conduct any due diligence on the part of any party to the transaction. +(5) Sell or offer for sale in connection with the issuer transaction any securities of the issuer that are owned, directly or indirectly, by the finder. +(6) Receive, directly or indirectly, possession or custody of any funds in connection with the issuer transaction. +(7) Knowingly receive compensation in connection with any offer or sale of securities unless the sale is qualified under this division or unless the security or the transaction is exempt or not otherwise subject to qualification. +(8) Make any disclosure to a potential purchaser other than the following: +(A) The name, address, and contact information of the issuer. +(B) The name, type, price, and aggregate amount of any securities being offered in the issuer transaction. +(C) The issuer’s industry, location, and years in business. +(b) A finder who satisfies all of the conditions set forth in subdivisions (c) to (f), inclusive, shall be exempt from the provisions of Section 25210. +(c) (1) The finder shall file with the commissioner before engaging in any activities described in subdivision (a), on a form prescribed by the commissioner, an initial statement of information that shall include both of the following: +(A) The name and complete business or residential address of the finder. +(B) The mailing address of the finder, if different from the business or residential address. +(2) A filing fee of three hundred dollars ($300) shall be submitted to the Department of Business Oversight along with the initial statement of information required by this subdivision. +(d) (1) In addition, the finder shall file with the commissioner within 30 days of the anniversary of the finder’s initial statement of information required by subdivision (c), and annually thereafter, on a form prescribed by the commissioner, a renewal statement of information that includes all of the following: +(A) The following affirmative representations by the finder: +(i) The finder has complied and will continue to comply with the conditions of subdivision (a). +(ii) The finder has not performed any acts or satisfied any circumstances prohibited by Section 25212 or by Rule 506(d) of Regulation D under the Securities Act of 1933 (17 C.F.R. 230.506(d)), and the finder has not been sanctioned by the commissioner pursuant to Section 25212. +(iii) The finder has obtained the written agreement described in subdivision (e) with respect to each transaction in which the finder has participated in the prior 12 months. +(B) An indication by the finder as to whether the finder has received transaction-based compensation that is subject to the actual sale of securities by the issuer in any transaction in which the finder has participated in the prior 12 months. +(2) A filing fee in the amount of two hundred seventy-five dollars ($275) shall accompany each renewal statement of information. +(e) (1) Concurrently with each introduction, the finder shall obtain the informed, written consent of each person introduced or referred by the finder to an issuer, in a written agreement signed by the finder, the issuer, and the person introduced or referred, disclosing the following: +(A) The type and amount of compensation that has been or will be paid to the finder in connection with the introduction or referral and the conditions for payment of that compensation. +(B) That the finder is not providing advice to the issuer or any person introduced or referred by the finder to an issuer as to the value of the securities or as to the advisability of investing in, purchasing, or selling the securities. +(C) Whether the finder is also an owner, directly or indirectly, of the securities being offered or sold. +(D) Any actual and potential conflict of interest in connection with the finder’s activities related to the issuer transaction. +(E) That the parties to the agreement shall have the right to pursue any available remedies at law or otherwise for any breach of the agreement. +(2) To satisfy the requirements of this subdivision, the agreement shall also include a representation by the person introduced or referred by the finder to the issuer that the person is an accredited investor, as that term is defined in Rule 501(a) of Regulation D under the Securities Exchange Act of 1933 (17 C.F.R. 230.501(a)), and that the person knowingly consents to the payment of the compensation described therein. +(f) The finder shall maintain and preserve, for a period of five years from the date of filing of the notice prescribed in subdivision (d), a copy of the notice, the written agreement required in subdivision (e), and all other records relating to any offer or sale of securities in connection with which the finder receives compensation, as the commissioner may by rule require. The finder, upon written request of the commissioner, shall furnish to the commissioner any records required to be maintained and preserved under this subdivision. +(g) (1) A natural person who is engaged in the business of effecting transactions in securities and is not otherwise exempt from Section 25210 shall be subject to the requirements of Section 25210, if the individual fails to meet the definition of “finder” set forth in subdivision (a), or does not satisfy all the conditions set forth in subdivisions (c) to (f), inclusive. +(2) In the event a natural person does not meet the definition of “finder” set forth in subdivision (a) or does not satisfy all the conditions set forth in subdivisions (c) to (f), inclusive, any person introduced or referred by that natural person to an issuer, who purchases securities of that issuer in an issuer transaction following that introduction or referral, shall have the right to pursue any applicable remedy afforded under state law, including, without limitation, any applicable remedies pursuant to Section 25501.5. +(h) The commissioner may from time to time make, amend, and rescind such rules, forms, and orders as are necessary to carry out the provisions of this section, including rules and forms governing applications and reports, and defining any terms, whether or not used in this law, insofar as the definitions are not inconsistent with the provisions of this law. For the purpose of rules and forms, the commissioner may classify securities, persons, and matters within his or her jurisdiction, and may prescribe different requirements for different classes.","Under existing law, the Corporate Securities Law of 1968, the Commissioner of Business Oversight regulates the activities of a broker-dealer which is defined as, among other things, any person engaged in the business of effecting securities transactions in California for the account of others or his or her own account, and it specifies those persons or entities excluded from the definition. Existing law requires, among other things, that a broker-dealer apply for and secure a certificate authorizing that person to act in that capacity, unless the person is exempted from this requirement, as prescribed. Existing law prohibits a person acting on behalf of a licensed broker-dealer or an issuer, from effecting any transaction in, or inducing or attempting to induce the purchase or sale of, any security in this state unless the broker-dealer and agent have complied with certain rules. +This bill would exempt from those provisions an individual who is a finder, as defined, who satisfies specified requirements, including, among other things, filing an initial statement of information with the Commissioner of Business Oversight and paying a filing fee.","An act to add Section 25206.1 to the Corporations Code, relating to securities." +592,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 402.1 of the Revenue and Taxation Code is amended to read: +402.1. +(a) In the assessment of land, the assessor shall consider the effect upon value of any enforceable restrictions to which the use of the land may be subjected. These restrictions shall include, but are not limited to, all of the following: +(1) Zoning. +(2) Recorded contracts with governmental agencies other than those provided in Sections 422, 422.5, and 422.7. +(3) Permit authority of, and permits issued by, governmental agencies exercising land use powers concurrently with local governments, including the California Coastal Commission and regional coastal commissions, the San Francisco Bay Conservation and Development Commission, and the Tahoe Regional Planning Agency. +(4) Development controls of a local government in accordance with any local coastal program certified pursuant to Division 20 (commencing with Section 30000) of the Public Resources Code. +(5) Development controls of a local government in accordance with a local protection program, or any component thereof, certified pursuant to Division 19 (commencing with Section 29000) of the Public Resources Code. +(6) Environmental constraints applied to the use of land pursuant to provisions of statutes. +(7) Hazardous waste land use restriction pursuant to Section 25240 of the Health and Safety Code. +(8) A recorded conservation, trail, or scenic easement, as described in Section 815.1 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use. +(9) A solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code. +(10) A contract where the following apply: +(A) The contract is with a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program. +(B) The contract restricts the use of the land for at least 30 years to owner-occupied housing available at affordable housing cost in accordance with Section 50052.5 of the Health and Safety Code. +(C) The contract includes a deed of trust on the property in favor of the nonprofit corporation to ensure compliance with the terms of the program, which has no value unless the owner fails to comply with the covenants and restrictions of the terms of the home sale. +(D) The local housing authority or an equivalent agency, or, if none exists, the city attorney or county counsel, has made a finding that the long-term deed restrictions in the contract serve a public purpose. +(E) The contract is recorded and provided to the assessor. +(b) There is a rebuttable presumption that restrictions will not be removed or substantially modified in the predictable future and that they will substantially equate the value of the land to the value attributable to the legally permissible use or uses. +(c) Grounds for rebutting the presumption may include, but are not necessarily limited to, the past history of like use restrictions in the jurisdiction in question and the similarity of sales prices for restricted and unrestricted land. The possible expiration of a restriction at a time certain shall not be conclusive evidence of the future removal or modification of the restriction unless there is no opportunity or likelihood of the continuation or renewal of the restriction, or unless a necessary party to the restriction has indicated an intent to permit its expiration at that time. +(d) In assessing land with respect to which the presumption is unrebutted, the assessor shall not consider sales of otherwise comparable land not similarly restricted as to use as indicative of value of land under restriction, unless the restrictions have a demonstrably minimal effect upon value. +(e) In assessing land under an enforceable use restriction wherein the presumption of no predictable removal or substantial modification of the restriction has been rebutted, but where the restriction nevertheless retains some future life and has some effect on present value, the assessor may consider, in addition to all other legally permissible information, representative sales of comparable lands that are not under restriction but upon which natural limitations have substantially the same effect as restrictions. +(f) For the purposes of this section the following definitions apply: +(1) “Comparable lands” are lands that are similar to the land being valued in respect to legally permissible uses and physical attributes. +(2) “Representative sales information” is information from sales of a sufficient number of comparable lands to give an accurate indication of the full cash value of the land being valued. +(g) It is hereby declared that the purpose and intent of the Legislature in enacting this section is to provide for a method of determining whether a sufficient amount of representative sales information is available for land under use restriction in order to ensure the accurate assessment of that land. It is also hereby declared that the further purpose and intent of the Legislature in enacting this section and Section 1630 is to avoid an assessment policy which, in the absence of special circumstances, considers uses for land that legally are not available to the owner and not contemplated by government, and that these sections are necessary to implement the public policy of encouraging and maintaining effective land use planning. This statute shall not be construed as requiring the assessment of any land at a value less than as required by Section 401 or as prohibiting the use of representative comparable sales information on land under similar restrictions when this information is available. +SEC. 1.5. +Section 402.1 of the Revenue and Taxation Code is amended to read: +402.1. +(a) In the assessment of land, the assessor shall consider the effect upon value of any enforceable restrictions to which the use of the land may be subjected. These restrictions shall include, but are not limited to, all of the following: +(1) Zoning. +(2) Recorded contracts with governmental agencies other than those provided in Sections 422, 422.5, and 422.7. +(3) Permit authority of, and permits issued by, governmental agencies exercising land use powers concurrently with local governments, including the California Coastal Commission and regional coastal commissions, the San Francisco Bay Conservation and Development Commission, and the Tahoe Regional Planning Agency. +(4) Development controls of a local government in accordance with any local coastal program certified pursuant to Division 20 (commencing with Section 30000) of the Public Resources Code. +(5) Development controls of a local government in accordance with a local protection program, or any component thereof, certified pursuant to Division 19 (commencing with Section 29000) of the Public Resources Code. +(6) Environmental constraints applied to the use of land pursuant to provisions of statutes. +(7) Hazardous waste land use restriction pursuant to Section 25226 of the Health and Safety Code. +(8) (A) A recorded conservation, trail, or scenic easement, as described in Section 815.1 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use. +(B) A recorded greenway easement, as described in Section 816.52 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the developing and preserving of greenways. +(9) A solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code. +(10) A contract where the following apply: +(A) The contract is with a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program. +(B) The contract restricts the use of the land for at least 30 years to owner-occupied housing available at affordable housing cost in accordance with Section 50052.5 of the Health and Safety Code. +(C) The contract includes a deed of trust on the property in favor of the nonprofit corporation to ensure compliance with the terms of the program, which has no value unless the owner fails to comply with the covenants and restrictions of the terms of the home sale. +(D) The local housing authority or an equivalent agency, or, if none exists, the city attorney or county counsel, has made a finding that the long-term deed restrictions in the contract serve a public purpose. +(E) The contract is recorded and provided to the assessor. +(b) There is a rebuttable presumption that restrictions will not be removed or substantially modified in the predictable future and that they will substantially equate the value of the land to the value attributable to the legally permissible use or uses. +(c) Grounds for rebutting the presumption may include, but are not necessarily limited to, the past history of like use restrictions in the jurisdiction in question and the similarity of sales prices for restricted and unrestricted land. The possible expiration of a restriction at a time certain shall not be conclusive evidence of the future removal or modification of the restriction unless there is no opportunity or likelihood of the continuation or renewal of the restriction, or unless a necessary party to the restriction has indicated an intent to permit its expiration at that time. +(d) In assessing land with respect to which the presumption is unrebutted, the assessor shall not consider sales of otherwise comparable land not similarly restricted as to use as indicative of value of land under restriction, unless the restrictions have a demonstrably minimal effect upon value. +(e) In assessing land under an enforceable use restriction wherein the presumption of no predictable removal or substantial modification of the restriction has been rebutted, but where the restriction nevertheless retains some future life and has some effect on present value, the assessor may consider, in addition to all other legally permissible information, representative sales of comparable lands that are not under restriction but upon which natural limitations have substantially the same effect as restrictions. +(f) For the purposes of this section the following definitions apply: +(1) “Comparable lands” are lands that are similar to the land being valued in respect to legally permissible uses and physical attributes. +(2) “Representative sales information” is information from sales of a sufficient number of comparable lands to give an accurate indication of the full cash value of the land being valued. +(g) It is hereby declared that the purpose and intent of the Legislature in enacting this section is to provide for a method of determining whether a sufficient amount of representative sales information is available for land under use restriction to ensure the accurate assessment of that land. It is also hereby declared that the further purpose and intent of the Legislature in enacting this section and Section 1630 is to avoid an assessment policy which, in the absence of special circumstances, considers uses for land that legally are not available to the owner and not contemplated by government, and that these sections are necessary to implement the public policy of encouraging and maintaining effective land use planning. This statute shall not be construed as requiring the assessment of any land at a value less than as required by Section 401 or as prohibiting the use of representative comparable sales information on land under similar restrictions when this information is available. +SEC. 2. +Section 1.5 of this bill incorporates amendments to Section 402.1 of the Revenue and Taxation Code proposed by both this bill and Assembly Bill 1251. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 402.1 of the Revenue and Taxation Code, and (3) this bill is enacted after Assembly Bill 1251, in which case Section 1 of this bill shall not become operative. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the county assessor to consider, when valuing real property for property taxation purposes, the effect of any enforceable restrictions to which the use of the land may be subjected. Under existing law these restrictions include, but are not limited to, zoning, recorded contracts with governmental agencies, and various other restrictions imposed by governments. +Existing property tax law establishes a welfare exemption under which property is exempt from taxation if, among other things, that property is used exclusively for religious, hospital, scientific, or charitable purposes and is owned and operated by an entity, as provided, that is itself organized and operated for those purposes. Under existing property tax law, the welfare exemption applies to property that is owned and operated by a nonprofit corporation, otherwise qualifying for the welfare exemption, that is organized and operated for the purpose of building and rehabilitating single-family or multifamily residences for sale, as provided, at cost to low-income families. +This bill would require the county assessor to consider, when valuing real property for property taxation purposes, a recorded contract with a nonprofit corporation that meets prescribed requirements, including requirements that the nonprofit corporation has received a welfare exemption for properties intended to be sold to low-income families who participate in a special no-interest loan program, and that the contract includes a restriction on the use of the land for at least 30 years to owner-occupied housing available at affordable housing cost. By changing the manner in which county assessors assess property for property taxation purposes, this bill would impose a state-mandated local program. +This bill would incorporate amendments to Section 402.1 of the Revenue and Taxation Code proposed by AB 1251, to be operative only if AB 1251 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 402.1 of the Revenue and Taxation Code, relating to taxation." +593,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11549.3 of the Government Code is amended to read: +11549.3. +(a) The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following: +(1) The creation, updating, and publishing of information security and privacy policies, standards, and procedures for state agencies in the State Administrative Manual. +(2) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies to effectively manage security and risk for both of the following: +(A) Information technology, which includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines. +(B) Information that is identified as mission critical, confidential, sensitive, or personal, as defined and published by the office. +(3) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies for the collection, tracking, and reporting of information regarding security and privacy incidents. +(4) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies in the development, maintenance, testing, and filing of each state agency’s disaster recovery plan. +(5) Coordination of the activities of state agency information security officers, for purposes of integrating statewide security initiatives and ensuring compliance with information security and privacy policies and standards. +(6) Promotion and enhancement of the state agencies’ risk management and privacy programs through education, awareness, collaboration, and consultation. +(7) Representing the state before the federal government, other state agencies, local government entities, and private industry on issues that have statewide impact on information security and privacy. +(b) All state entities defined in Section 11546.1 shall implement the policies and procedures issued by the office, including, but not limited to, performing both of the following duties: +(1) Comply with the information security and privacy policies, standards, and procedures issued pursuant to this chapter by the office. +(2) Comply with filing requirements and incident notification by providing timely information and reports as required by the office. +(c) (1) The office may conduct, or require to be conducted, an independent security assessment of every state agency, department, or office. The cost of the independent security assessment shall be funded by the state agency, department, or office being assessed. +(2) In addition to the independent security assessments authorized by paragraph (1), the office, in consultation with the Office of Emergency Services, shall perform all the following duties: +(A) Annually require no fewer than thirty-five (35) state entities to perform an independent security assessment, the cost of which shall be funded by the state agency, department, or office being assessed. +(B) Determine criteria and rank state entities based on an information security risk index that may include, but not be limited to, analysis of the relative amount of the following factors within state agencies: +(i) Personally identifiable information protected by law. +(ii) Health information protected by law. +(iii) Confidential financial data. +(iv) Self-certification of compliance and indicators of unreported noncompliance with security provisions in the following areas: +(I) Information asset management. +(II) Risk management. +(III) Information security program management. +(IV) Information security incident management. +(V) Technology recovery planning. +(C) Determine the basic standards of services to be performed as part of independent security assessments required by this subdivision. +(3) The Military Department may perform an independent security assessment of any state agency, department, or office, the cost of which shall be funded by the state agency, department, or office being assessed. +(d) State agencies and entities required to conduct or receive an independent security assessment pursuant to subdivision (c) shall transmit the complete results of that assessment and recommendations for mitigating system vulnerabilities, if any, to the office and the Office of Emergency Services. +(e) The office shall report to the Department of Technology and the Office of Emergency Services any state entity found to be noncompliant with information security program requirements. +(f) (1) Notwithstanding any other law, during the process of conducting an independent security assessment pursuant to subdivision (c), information and records concerning the independent security assessment are confidential and shall not be disclosed, except that the information and records may be transmitted to state employees and state contractors who have been approved as necessary to receive the information and records to perform that independent security assessment, subsequent remediation activity, or monitoring of remediation activity. +(2) The results of a completed independent security assessment performed pursuant to subdivision (c), and any related information shall be subject to all disclosure and confidentiality provisions pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), including, but not limited to, Section 6254.19. +(g) The office may conduct or require to be conducted an audit of information security to ensure program compliance, the cost of which shall be funded by the state agency, department, or office being audited. +(h) The office shall notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice regarding any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government. +SEC. 2. +The Legislature finds and declares that Section 1 of this act, which amends Section 11549.3 of the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +The state has a very strong interest in protecting its information technology systems from intrusion, because those systems contain confidential information and play a critical role in the performance of the duties of state government. Thus, information regarding the specific vulnerabilities of those systems must be protected to preclude use of that information to facilitate attacks on those systems.","(1) Existing law establishes, within the Government Operations Agency, the Department of Technology under the supervision of the Director of Technology, who is also known as the State Chief Information Officer. The department is generally responsible for the approval and oversight of information technology projects by, among other things, consulting with state agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs. +Existing law establishes, within the department, the Office of Information Security under the supervision of the Chief of the Office of Information Security. Existing law sets forth the authority of the office, including, but not limited to, the authority to conduct, or require to be conducted, an independent security assessment of any state agency, department, or office, the cost of which is to be funded by the state agency, department, or office being assessed. +This bill would additionally require the office, in consultation with the Office of Emergency Services, to require no fewer than 35 independent security assessments of state entities each year and determine basic standards of services to be performed as part of an independent security assessment. The bill would require the state agency, department, or office being assessed to fund the costs of its independent security assessment. The bill would require the office and the Office of Emergency Services to receive the complete results of an independent security assessment. The bill would prohibit, during the process of conducting an independent security assessment, the disclosure of information and records concerning the independent security assessment, except that the information and records would be authorized to be transmitted to state employees and state contractors with specific duties relating to the independent security assessment. The bill would require the disclosure of the results of a completed independent security assessment under state law. +This bill would require the office, in consultation with the Office of Emergency Services, to rank state entities on an information security risk index, as specified. The bill would require the office to report to the Department of Technology and the Office of Emergency Services any state entity found noncompliant with information security requirements. The bill would further require the office to notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice of any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government. The bill would authorize the office to conduct or require to be conducted an audit of information security to ensure program compliance, the cost of which to be funded by the state agency, department, or office being audited. +This bill would authorize the Military Department to perform an independent security assessment as described above. +This bill would require state entities, as defined, rather than certain information security officers, to comply with policies and procedures issued by the office. The bill would also make technical, nonsubstantive changes. +(2) Existing law requires that a statute that limits the public’s right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings to demonstrate the interest protected by the limitation and the need for protecting that interest. +This bill would limit access to information and records of an ongoing independent security assessment and would make findings to demonstrate the interest protected by the limitation and the need for protecting that interest.","An act to amend Section 11549.3 of the Government Code, relating to technology." +594,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1203.9 of the Penal Code is amended to read: +1203.9. +(a) (1) Except as provided in paragraph (3), whenever a person is released on probation or mandatory supervision, the court, upon noticed motion, shall transfer the case to the superior court in any other county in which the person resides permanently, meaning with the stated intention to remain for the duration of probation or mandatory supervision, unless the transferring court determines that the transfer would be inappropriate and states its reasons on the record. +(2) Upon notice of the motion for transfer, the court of the proposed receiving county may provide comments for the record regarding the proposed transfer, following procedures set forth in rules of court developed by the Judicial Council for this purpose, pursuant to subdivision (f). The court and the probation department shall give the matter of investigating those transfers precedence over all actions or proceedings therein, except actions or proceedings to which special precedence is given by law, to the end that all those transfers shall be completed expeditiously. +(3) If victim restitution was ordered as a condition of probation or mandatory supervision, the transferring court shall determine the amount of restitution before the transfer unless the court finds that the determination cannot be made within a reasonable time from when the motion for transfer is made. If a case is transferred without a determination of the amount of restitution, the transferring court shall complete the determination as soon as practicable. In all other aspects, except as provided in subdivisions (d) and (e), the court of the receiving county shall have full jurisdiction over the matter upon transfer as provided in subdivision (b). +(b) The court of the receiving county shall accept the entire jurisdiction over the case effective the date that the transferring court orders the transfer. +(c) The order of transfer shall contain an order committing the probationer or supervised person to the care and custody of the probation officer of the receiving county and, if applicable, an order for reimbursement of reasonable costs for processing the transfer to be paid to the sending county in accordance with Section 1203.1b. A copy of the orders and any probation reports shall be transmitted to the court and probation officer of the receiving county within two weeks of the finding that the person does permanently reside in or has permanently moved to that county, and the receiving court shall have entire jurisdiction over the case, except as provided in subdivisions (d) and (e), with the like power to again request transfer of the case whenever it seems proper. +(d) (1) Notwithstanding subdivision (b) and except as provided in subdivision (e), if the transferring court has ordered the defendant to pay fines, fees, forfeitures, penalties, assessments, or restitution, the transfer order shall require that those and any other amounts ordered by the transferring court that are still unpaid at the time of transfer be paid by the defendant to the collection program for the transferring court for proper distribution and accounting once collected. +(2) The receiving court and receiving county probation department may impose additional local fees and costs as authorized, and shall notify the responsible collection program for the transferring court of those changes. +(3) Any local fees imposed pursuant to paragraph (2) shall be paid by the defendant to the collection program for the transferring court which shall remit the additional fees and costs to the receiving court for proper accounting and distribution. +(e) (1) Upon approval of a transferring court, a receiving court may elect to collect all of the court-ordered payments from a defendant attributable to the case under which the defendant is being supervised, provided, however, that the collection program for the receiving court transmits the revenue collected to the collection program for the transferring court for deposit, accounting, and distribution. A collection program for the receiving court shall not charge administrative fees for collections performed for the collection program for the transferring court without a written agreement with the other program. +(2) A collection program for a receiving court collecting funds for a collection program for a transferring court pursuant to paragraph (1) shall not report revenue owed or collected on behalf of the collection program for the transferring court as part of those collections required to be reported annually by the court to the Judicial Council. +(f) The Judicial Council shall promulgate rules of court for procedures by which the proposed receiving county shall receive notice of the motion for transfer and by which responsive comments may be transmitted to the court of the transferring county. The Judicial Council shall adopt rules providing factors for the court’s consideration when determining the appropriateness of a transfer, including, but not limited to, the following: +(1) Permanency of residence of the offender. +(2) Local programs available for the offender. +(3) Restitution orders and victim issues. +(g) The Judicial Council shall consider adoption of rules of court as it deems appropriate to implement the collection, accounting, and disbursement requirements of subdivisions (d) and (e).","Existing law requires a court to transfer the case of a person released on probation or mandatory supervision to the superior court in any other county in which the person resides permanently, unless the transferring court determines the transfer would be inappropriate and states its reasons on the record. Existing law requires the court of the receiving county to accept the entire jurisdiction over the case. +This bill would require the receiving court to accept the entire jurisdiction over the case effective the date the transferring court orders the transfer. The bill would provide that when fines, forfeitures, penalties, assessments, or restitution have been ordered by the transferring court and have not been fully paid, those payments would be made to the collecting program for the transferring court for distribution and accounting. The bill would authorize the receiving court and probation department to impose additional local fees and costs, as specified, and would authorize the collection program for the receiving court to collect court-ordered payments from the defendant for transmittal to the collection program for the transferring court, as specified. The bill would require the Judicial Council to consider adoption of rules of court as it deems appropriate to implement the collection, accounting, and disbursement requirements of the bill.","An act to amend Section 1203.9 of the Penal Code, relating to crimes." +595,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 15643 of the Government Code is amended to read: +15643. +(a) (1) The board shall proceed with the surveys of the assessment procedures and practices in the 10 largest counties and cities and counties as rapidly as feasible, and shall repeat or supplement each survey at least once in five years. +(2) The surveys of the 10 largest counties and cities and counties shall include a sampling of assessments on the local assessment rolls as described in Section 15640. The 10 largest counties and cities and counties shall be determined based upon the total value of locally assessed property located in the counties and cities and counties on the lien date that falls within the calendar year of 1995 and every fifth calendar year thereafter. +(b) The board shall, commencing January 1, 2016, and each of the next four calendar years, do all of the following: +(1) (A) Survey the assessment procedures of one qualified county or city and county and conduct a sample of assessments on the local assessment roll of another qualified county or city and county. +(B) For purposes of this paragraph, “qualified county or city and county” means the 11th to the 20th, inclusive, largest counties and cities and counties. The 11th to the 20th, inclusive, largest counties and cities and counties shall be determined based upon the total value of locally assessed property located in the counties and cities and counties on the lien date that falls within the calendar year of 2015 and every fifth calendar year thereafter. +(C) The qualified counties and cities and counties shall be stratified and selected at random by the board, in consultation with the California Assessors’ Association. +(2) (A) Survey the assessment procedures of three qualified counties or cities and counties and conduct a sample of assessments on the local assessment roll of two other qualified counties or cities and counties. +(B) For purposes of this paragraph, “qualified counties or cities and counties” means the 21st to the 58th, inclusive, largest counties and cities and counties. The 21st to the 58th, inclusive, largest counties and cities and counties shall be determined based upon the total value of locally assessed property located in the counties and cities and counties on the lien date that falls within the calendar year 2015 and every fifth calendar year thereafter. +(3) Conduct a sample of assessments on the local assessment roll in a county or city or county that the board determines has significant assessment problems pursuant to Section 75.60 of the Revenue and Taxation Code. +(C) The qualified counties and cities and counties shall be stratified and selected at random by the board, in consultation with the California Assessors’ Association. +(c) The statewide surveys which are limited in scope to specific topics, issues, or problems may be conducted whenever the board determines that a need exists to conduct a survey. +(d) When requested by the legislative body or the assessor of any county or city and county to perform a survey not otherwise scheduled, the board may enter into a contract with the requesting local agency to conduct that survey. The contract may provide for a board sampling of assessments on the local roll. The amount of the contracts shall not be less than the cost to the board, and shall be subject to regulations approved by the Director of General Services. +(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. +SEC. 2. +Section 15643 is added to the Government Code, to read: +15643. +(a) The board shall proceed with the surveys of the assessment procedures and practices in the several counties and cities and counties as rapidly as feasible, and shall repeat or supplement each survey at least once in five years. +(b) The surveys of the 10 largest counties and cities and counties shall include a sampling of assessments on the local assessment rolls as described in Section 15640. In addition, the board shall each year, in accordance with procedures established by the board by regulation, select at random at least three of the remaining counties or cities and counties, and conduct a sample of assessments on the local assessment roll in those counties. If the board finds that a county or city and county has “significant assessment problems,” as provided in Section 75.60 of the Revenue and Taxation Code, a sample of assessments will be conducted in that county or city and county in lieu of a county or city and county selected at random. The 10 largest counties and cities and counties shall be determined based upon the total value of locally assessed property located in the counties and cities and counties on the lien date that falls within the calendar year of 2021 and every fifth calendar year thereafter. +(c) The statewide surveys which are limited in scope to specific topics, issues, or problems may be conducted whenever the board determines that a need exists to conduct a survey. +(d) When requested by the legislative body or the assessor of any county or city and county to perform a survey not otherwise scheduled, the board may enter into a contract with the requesting local agency to conduct that survey. The contract may provide for a board sampling of assessments on the local roll. The amount of the contracts shall not be less than the cost to the board, and shall be subject to regulations approved by the Director of General Services. +(e) This section shall become operative on January 1, 2021. +SEC. 3. +Section 15645 of the Government Code is amended to read: +15645. +(a) Upon completion of a survey of the procedures and practices of a county assessor, the board shall prepare a written survey report setting forth its findings and recommendations and transmit a copy to the assessor. In addition the board may file with the assessor a confidential report containing matters relating to personnel. Before preparing its written survey report, the board shall do both of the following: +(1) Meet with the assessor to discuss and confer on those matters which may be included in the written survey report. +(2) Notify the former assessor if the survey reviews the former assessor’s procedures and practices, and meet with the former assessor, upon his or her request, to discuss and confer on those matters that may be included in the survey report. +(b) Within 30 days after receiving a copy of the survey report, the assessor may file with the board a written response to the findings and recommendations in the survey report. +The board may, for good cause, extend the period for filing the response. +(c) (1) The survey report, together with the assessor’s response, if any, and the board’s comments, if any, shall constitute the final survey report. An addendum to the final survey report shall be published to include a former assessor’s written response to the findings and recommendations in the survey report that reviewed the former assessor’s procedures and practices, if any, and the board’s comments, if any. The final survey report shall be issued by the board as follows: +(A) For any survey commenced before July 1, 2016, within two years after the date the board began the survey. +(B) For any survey commenced on or after July 1, 2016, to June 30, 2017, within 15 months after the date the board began the survey. +(C) For any survey commenced on or after July 1, 2017, within 12 months after the date the board began the survey. +(2) Within a year after receiving a copy of the final survey report, and annually thereafter, no later than the date on which the initial report was issued by the board and until all issues are resolved, the assessor shall file with the board of supervisors a report, indicating the manner in which the assessor has implemented or intends to implement, or the reasons for not implementing, the recommendations of the survey report, with copies of that response being sent to the Governor, the Attorney General, the State Board of Equalization, the Senate and Assembly, and to the grand juries and assessment appeals boards of the counties to which they relate.","Existing law requires the State Board of Equalization to make surveys in each county and city and county to determine the adequacy of the procedures and practices employed by the county assessor in the valuation of property. Existing law requires the board to proceed with the surveys of the assessment procedures and practices in the several counties and cities and counties as rapidly as feasible, and to repeat or supplement each survey at least once in 5 years. Existing law requires the surveys of the 10 largest counties and cities and counties to include a sampling of assessments of the local assessment rolls, and requires the board, each year, to select at random at least 3 of the remaining counties or cities and counties to conduct a sample of assessments on the local assessment roll in those counties. +This bill would eliminate the board’s requirement to select at random at least 3 remaining counties or cities and counties to conduct a sample of assessments on the local assessment roll, and would instead require the board, commencing January 1, 2016, and each of the next 4 calendar years, to survey the assessment procedures of qualified counties or cities and counties and to conduct sample assessments on the local roll of other qualified counties or cities and counties. This bill would define “qualified counties or cities and counties” for these purposes. This bill would additionally require the board to conduct a sample of assessments in a county or city and county that the board determines has significant assessment problems, as specified. This bill would require the qualified counties and cities and counties to be stratified and selected at random by the board, in consultation with the California Assessors’ Association. +Existing law requires the board, upon completion of the survey of the procedures and practices of a county assessor, to prepare a written survey report setting forth its findings and recommendations, and requires the board, before preparing its written survey report, to meet with the assessor to discuss and confer on those matters which may be included in the written survey report. Existing law requires the survey report, together with the assessor’s response and the board’s comments, to constitute the final survey report. Existing law requires the final survey report to be issued by the board within 2 years after the date the board began the survey. +This bill would require the board, before preparing its written survey report, to notify the former assessor if the survey reviews the former assessor’s procedures and practices, and to also meet with the former assessor, upon his or her request if the survey reviews, to discuss and confer on those matters that may be included in the survey report. This bill would require an addendum to the final survey report to be published to include the former assessor’s written response and the board’s comments, if any. This bill would shorten the period of time the board has to issue the final survey report from 2 years to 15 months for any survey commenced on or after July 1, 2016, to June 30, 2017, inclusive, and to 12 months for any survey commenced on or after July 1, 2017.","An act to amend Section 15645, and to amend, repeal, and add Section 15643, of the Government Code, relating to the State Board of Equalization." +596,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2053 of the Elections Code is amended to read: +2053. +The Secretary of State shall establish a Voting Accessibility Advisory Committee. The Secretary of State shall consult with the committee and consider the committee’s recommendations related to improving the accessibility of elections for voters with disabilities. The Secretary of State may implement the committee’s recommendations as he or she deems appropriate. +(a) The committee shall consist of the Secretary of State, his or her designees, and additional members appointed by the Secretary of State. The appointees shall have demonstrated experience with accessibility requirements for voters with disabilities or be a county elections official. +(b) The committee shall serve in an advisory capacity to the Secretary of State and shall do all of the following: +(1) Establish guidelines for reaching as many voters with disabilities as practical. +(2) Make recommendations for improving the availability and accessibility of election materials, including, but not limited to, sample ballots, voter information pamphlets, and vote-by-mail ballots, and their delivery in print or alternative formats to voters with disabilities. +(3) Increase the distribution of public service announcements identifying the availability of election materials for voters with disabilities at least 45 days before any federal, state, and local election. +(4) Make recommendations for improving the accessibility of election materials made available on Internet Web sites that are in compliance with the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. +(5) Promote the Secretary of State’s toll-free voter registration telephone line for citizens needing voter registration information, including information for individuals with disabilities, and the California State Library and regional library services for individuals who are unable to read conventional print due to a visual, intellectual, learning, physical, or any other disability. +(6) Make recommendations for providing voters with disabilities the same access and participation as is provided to other voters who are not disabled, including the ability to vote privately and independently. +(7) Establish subcommittees to further the scope and purposes of the committee as they relate to improving voter services and access for individuals with disabilities, including, but not limited to, visually impaired voters and deaf or hard of hearing voters. +(8) Promote the use of plain language and alternative formats for election materials. +(9) Make recommendations for materials to train poll workers on issues related to serving voters with disabilities and providing accessible voting locations. +(c) A member shall not receive compensation, but each member shall be reimbursed for his or her reasonable and necessary expenses in connection with service on the committee. +SEC. 2. +Section 9082.7 of the Elections Code is amended to read: +9082.7. +(a) The Secretary of State shall make available the complete state ballot pamphlet over the Internet. The online version of the state ballot pamphlet shall contain all of the following: +(1) For each candidate listed in the pamphlet, a means to access campaign contribution disclosure reports for the candidate that are available online. +(2) For each state ballot measure listed in the pamphlet, a means to access the consolidated information specified in subdivision (b). +(b) The Secretary of State shall create an Internet Web site, or use other available technology, to consolidate information about each state ballot measure in a manner that is easy for voters to access and understand. The information shall include all of the following: +(1) A summary of the ballot measure’s content. +(2) The total amount of reported contributions made in support of and opposition to the ballot measure, calculated and updated as follows: +(A) (i) The total amount of contributions in support of the ballot measure shall be calculated by adding together the total amounts of contributions made in support of the ballot measure and reported in semiannual statements required by Section 84200 of the Government Code, preelection statements required by Section 84200.5 of the Government Code, campaign statements required by Section 84202.3 of the Government Code, and late contribution reports required by Section 84203 of the Government Code that are reported within 16 days of the election at which the measure will appear on the ballot. +(ii) The total amount of contributions in opposition to the ballot measure shall be calculated by adding together the total amounts of contributions made in opposition to the ballot measure and reported in semiannual statements required by Section 84200 of the Government Code, preelection statements required by Section 84200.5 of the Government Code, campaign statements required by Section 84202.3 of the Government Code, and late contribution reports required by Section 84203 of the Government Code that are reported within 16 days of the election at which the measure will appear on the ballot. +(iii) For purposes of determining the total amount of reported contributions pursuant to this subparagraph, the Secretary of State shall, to the extent practicable with respect to committees primarily formed to support or oppose a ballot measure, do both of the following: +(I) Ensure that transfers of funds between primarily formed committees are not counted twice. +(II) Treat a contribution made to a primarily formed committee that supports or opposes more than one state ballot measure as if the total amount of that contribution was made for each state ballot measure that the committee supports or opposes. +(B) The total amount of reported contributions calculated under this paragraph for each state ballot measure shall be updated not later than five business days after receipt of a semiannual statement, campaign statement, or preelection statement and not later than two business days after receipt of a late contribution report within 16 days of the election at which the measure will appear on the ballot. +(C) The total amount of reported contributions calculated under this paragraph for each state ballot measure shall be accompanied by an explanation that the contribution totals may be overstated due to the inclusion of contributions made to committees supporting or opposing more than one state ballot measure, as required by subclause (II) of clause (iii) of subparagraph (A). +(3) A current list of the top 10 contributors supporting and opposing the ballot measure, if compiled by the Fair Political Practices Commission pursuant to subdivision (e) of Section 84223 of the Government Code. +(4) (A) A list of each committee primarily formed to support or oppose the ballot measure, as described in Section 82047.5 of the Government Code, and a means to access information about the sources of funding reported for each committee. +(B) Information about the sources of contributions shall be updated as new information becomes available to the public pursuant to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). +(C) If a committee identified in subparagraph (A) receives one million dollars ($1,000,000) or more in contributions for an election, the Secretary of State shall provide a means to access online information about the committee’s top 10 contributors reported to the Fair Political Practices Commission pursuant to subdivision (a) of Section 84223 of the Government Code. +(D) Notwithstanding paragraph (1) of subdivision (c) of Section 84223 of the Government Code, the Fair Political Practices Commission shall automatically provide any list of top 10 contributors created pursuant to Section 84223 of the Government Code, and any subsequent updates to that list, to the Secretary of State for purposes of compliance with this section. +(5) Any other information deemed relevant by the Secretary of State. +(c) Information made available over the Internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. The Secretary of State may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053. +SEC. 3. +Section 13300.7 of the Elections Code is amended to read: +13300.7. +Notwithstanding any other law, county and city elections officials may establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the county’s or city’s Internet Web site, provided that all of the following conditions are met: +(a) The procedures establish a method of providing notice of and an opportunity by which a voter can notify elections officials of his or her desire to obtain ballot materials electronically in lieu of receiving them by mail. +(b) The voter email address or any other information provided by the voter under this section remains confidential pursuant to Section 6254.4 of the Government Code and Section 2194 of this code. +(c) The procedures provide notice and opportunity for a voter who has opted out of receiving a sample ballot and other materials by mail to opt back into receiving them by mail. +(d) The procedures establish a process by which a voter can apply electronically to become a vote by mail voter. +(e) A voter may only opt out of, or opt back into, receiving his or her sample ballot and other ballot materials by mail if the elections official receives the request and can process it prior to the statutory deadline for the mailing of those materials for the next election, pursuant to Section 13303. If a voter misses this deadline, the request shall take effect the following election. +(f) The procedures shall include a verification process to confirm the voter’s identity, either in writing with a signature card that can be matched to the one on file with the elections official, or if the request is submitted electronically, it shall contain the voter’s California driver’s license number, California identification number, or a partial social security number. +(g) Information made available over the Internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. Election officials may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053, and of any local Voting Accessibility Advisory Committee created pursuant to the guidelines promulgated by the Secretary of State related to the accessibility of polling places by the physically handicapped.","Existing law, the Visually Impaired Voter Assistance Act of 1989, requires the Secretary of State to establish a Visually Impaired Voter Assistance Board and prescribes the composition of the board, as specified. Under existing law the board is required to, among other things, make recommendations to the Secretary of State for improving the availability and accessibility of ballot pamphlet audio recordings and their delivery to visually impaired voters. Existing law also requires the Secretary of State to make available the complete state ballot pamphlet over the Internet, which is required to include specified information. Existing law further authorizes county and city elections officials to establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the county’s or city’s Internet Web site, as specified. +This bill would rename the board as the Voting Accessibility Advisory Committee and would instead require the committee to advise the Secretary of State on improving the accessibility of elections, including election materials, as specified, for all voters with disabilities, and would revise the composition of the committee, as specified. The bill would require the Secretary of State to consult with the committee and consider the committee’s recommendations, which the Secretary of State could implement at his or her discretion. The bill would also require the committee to make additional recommendations to the Secretary of State for improving the accessibility of election materials made available over the Internet, and would require the elections materials made available over the Internet to meet or exceed certain standards and guidelines, as specified. The bill would further require the committee to make recommendations for providing voters with disabilities the same access and participation as is provided to other voters who are not disabled, including the ability to vote privately and independently.","An act to amend Sections 2053, 9082.7, and 13300.7 of the Elections Code, relating to elections." +597,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 27561.5 is added to the Food and Agricultural Code, to read: +27561.5. +(a) The department may refuse to issue, or may suspend or revoke, a certificate of registration if either of the following occur: +(1) The applicant fails to pay in full by the due date a fine, fee, assessment, or penalty levied by the department for a violation of this chapter, including a violation that occurred before January 1, 2016. +(2) The applicant has violated a provision of this chapter or any regulation adopted to implement this chapter. +(b) The department may reverse its refusal to issue or its suspension or revocation of a certificate of registration if the department finds substantial grounds to do so. +(c) (1) The department shall adopt regulations that do both of the following: +(A) Establish procedures for an appeals process, including a noticed hearing, for a person who wishes to contest the department’s refusal to issue a certificate of registration or the department’s suspension or revocation of a certificate of registration. +(B) Specify the maximum time period following the refusal to issue, suspension, or revocation of a certificate of registration during which the applicant shall not reapply for another egg handler or egg producer certificate of registration. The time period shall be based on the severity or number of violations of this chapter, and shall not exceed three years from the date of the original refusal to issue, suspension, or revocation of the certificate of registration. +(2) Regulations adopted pursuant to this section shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. +SEC. 2. +Section 27581.1 is added to the Food and Agricultural Code, to read: +27581.1. +(a) On or before January 1, 2017, the secretary shall adopt regulations classifying violations of this chapter, or any regulation adopted pursuant to this chapter, as “minor,” subject to a penalty from fifty dollars ($50) to four hundred dollars ($400), inclusive, “moderate,” subject to a penalty from four hundred one dollars ($401) to one thousand dollars ($1,000), inclusive, or “serious,” subject to a penalty from one thousand one dollars ($1,001) to ten thousand dollars ($10,000), inclusive. +(b) The penalty schedule described in this section shall apply to civil penalties imposed pursuant to Section 27581.4 and administrative penalties imposed pursuant to Section 27583. +(c) The department shall post on its Internet Web site when the penalty schedule described in this section has been adopted. +SEC. 3. +Section 27581.4 of the Food and Agricultural Code is amended to read: +27581.4. +(a) The secretary, or a commissioner for violations in his or her county, may bring a civil action against any person who violates this chapter or any regulation adopted pursuant to this chapter, and any person who commits that violation is liable civilly in an amount not to exceed ten thousand dollars ($10,000). The court shall set the civil penalty imposed for a violation of this chapter, or any regulation adopted pursuant to this chapter, in accordance with the penalty schedule adopted by the secretary pursuant to Section 27581.1. +(b) Any money recovered by the secretary under this section shall be deposited in the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose. +(c) Any money recovered by a commissioner under this section shall be deposited in the county’s general fund. +SEC. 4. +Section 27583 is added to the Food and Agricultural Code, to read: +27583. +(a) In lieu of prosecution, the secretary or the commissioner may levy an administrative penalty, in an amount not to exceed ten thousand dollars ($10,000) and in accordance with Section 27583.2 or 27583.4, as applicable, against a person who violates this chapter or any regulation implemented pursuant to this chapter. Commencing on the date the department posts notice of the adoption of the penalty schedule described in Section 27581.1, a penalty levied pursuant to this section shall be in accordance with that schedule. +(b) “Person,” as used in this section, means anyone engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs for market or who engages in the operation of selling or marketing eggs that he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or otherwise pursuant to this chapter. +SEC. 5. +Section 27583.2 is added to the Food and Agricultural Code, to read: +27583.2. +If the secretary levies an administrative penalty pursuant to Section 27583, the following shall apply: +(a) The person charged with the violation shall be notified of the proposed action in accordance with subdivision (b). The notice shall include the nature of the violation, the amount of the proposed administrative penalty, and the right to request a hearing to appeal the administrative action. +(b) (1) Notice shall be sent by certified mail to one of the following: +(A) The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter. +(B) The address of an agent for service of process for the person charged, as filed with the Secretary of State. +(C) If an address described in subparagraph (A) or (B) is not available, the last known address of the person charged. +(2) Notice that is sent to any of the addresses described in paragraph (1) shall be considered received, even if delivery is refused or if the notice is not accepted at that address. +(3) The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action. +(c) If a hearing is requested, the secretary shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the secretary’s evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the secretary may take the proposed action without a hearing. +(d) The secretary shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately. +(e) The secretary shall send a copy of the notice of the proposed action to the commissioner of the county in which the violation took place at the same time notice is sent pursuant to subdivision (b). Additionally, the secretary shall inform the commissioner of the county in which the action was initiated of violations for which a penalty has been assessed. +(f) If the proposed action is not overturned, in addition to the levy of an administrative penalty, the secretary may recover from the person charged any other reasonable costs incurred by the department in connection with administering the hearing to appeal the proposed action. +(g) Revenues collected by the secretary pursuant to this section shall be deposited into the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose. +SEC. 6. +Section 27583.4 is added to the Food and Agricultural Code, to read: +27583.4. +If a commissioner levies an administrative penalty pursuant to Section 27583, the following shall apply: +(a) (1) Before an administrative penalty is levied, the person charged with the violation shall receive written notice of the proposed action in accordance with paragraph (2). The notice shall include the nature of the violation, the amount of the proposed penalty, and the right to request a hearing to appeal the administrative action. +(2) (A) Notice shall be sent by certified mail to one of the following: +(i) The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter. +(ii) The address of an agent for service of process for the person charged, as filed with the Secretary of State. +(iii) If an address described in clause (i) or (ii) is not available, the last known address of the person charged. +(B) Notice that is sent to any of the addresses described in subparagraph (A) shall be considered received, even if delivery is refused or if the notice is not accepted at that address. +(C) The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action. +(3) If a hearing is requested, the commissioner shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the commissioner’s evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the commissioner may take the proposed action without a hearing. If the person charged, or his or her legal representative, fails to appear, the commissioner shall prevail in the proceedings. +(4) The commissioner shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately. +(5) The commissioner shall send a copy of the notice of the proposed action to the secretary at the same time notice is sent to the person charged with the violation. +(b) If the person, upon whom the commissioner levied an administrative penalty, requested and appeared at a hearing, the person may appeal the commissioner’s decision to the secretary within 30 days of the date of receiving a copy of the commissioner’s decision. The following procedures apply to the appeal: +(1) The appeal shall be in writing and signed by the appellant or his or her authorized agent, state the grounds for the appeal, and include a copy of the commissioner’s decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the secretary. +(2) The appellant and the commissioner, at the time of filing the appeal, within 10 days thereafter, or at a later time prescribed by the secretary, may present the record of the hearing and a written argument to the secretary stating the ground for affirming, modifying, or reversing the commissioner’s decision. +(3) The secretary may grant oral arguments upon application made at the time written arguments are filed. +(4) If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for oral argument. The times may be altered by mutual agreement of the appellant, the commissioner, and the secretary. +(5) The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that he or she has received. If the secretary finds substantial evidence in the record to support the commissioner’s decision, the secretary shall affirm the decision. +(6) The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical. +(7) On an appeal pursuant to this section, the secretary may affirm the commissioner’s decision, modify the commissioner’s decision by reducing or increasing the amount of the penalty levied so that it is consistent with the penalty schedule described in Section 27581.1, or reverse the commissioner’s decision. An administrative penalty increased by the secretary shall not be higher than that proposed in the commissioner’s notice of proposed action given pursuant to subdivision (a). A copy of the secretary’s decision shall be delivered or mailed to the appellant and the commissioner. +(8) Any person who does not request a hearing with the commissioner pursuant to an administrative penalty assessed under subdivision (a) shall not file an appeal to the secretary pursuant to this subdivision. +(c) If the proposed action is not overturned, in addition to the levy of an administrative penalty, the commissioner may recover from the person charged any other reasonable costs incurred by the commissioner in connection with administering the hearing to appeal the proposed action. +(d) Revenues from administrative penalties levied by the commissioner shall be deposited in the general fund of the county and, upon appropriation by the board of supervisors, shall be used by the commissioner to carry out his or her responsibilities under this chapter. The commissioner shall inform the secretary of any violations for which a penalty has been assessed. +SEC. 7. +Section 27584 is added to the Food and Agricultural Code, to read: +27584. +If a respondent in an administrative action agrees to stipulate to the notice of proposed action, a signed stipulation with the payment of the proposed administrative penalty shall be returned to the commissioner or secretary, as applicable, within 45 days of the postmark of the notice of the proposed action. If the stipulation and payment of the proposed administrative penalty are not received within 45 days, the commissioner or the secretary may file a certified copy of a final decision that directs the payment of an administrative penalty with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section. +SEC. 8. +Section 27585 is added to the Food and Agricultural Code, to read: +27585. +After the exhaustion of the appeal and review of procedures provided in this article, the secretary or commissioner, or his or her representative, may file a certified copy of a final decision that directs the payment of an administrative penalty, and, if applicable, a copy of any decision of the secretary, or his or her authorized representative, and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.","Existing law establishes a regulatory scheme for the marketing of shell eggs, and requires egg producers and egg handlers to register with the Secretary of Food and Agriculture. A violation of those provisions or regulations adopted pursuant to those provisions is unlawful, and for certain violations, punishable as a misdemeanor. Existing law also authorizes the secretary, in lieu of seeking prosecution for the violation, to bring a civil action for up to $1,000 for the violation. +This bill would authorize the Department of Food and Agriculture to refuse to issue, or to suspend or revoke, an egg handler or egg producer certificate of registration under certain circumstances and would require the department to adopt regulations to establish procedures for an appeals process to contest the refusal to issue a certificate of registration or the department’s suspension or revocation of a certificate of registration. The bill would increase the civil penalty amount to $10,000 and would also authorize a county agricultural commissioner to bring a civil action. The bill would also authorize the secretary or a county agricultural commissioner, in lieu of prosecution, to levy an administrative penalty of up to $10,000 for a violation of those provisions. The bill would require the secretary, on or before January 1, 2017, to adopt regulations classifying violations of these egg provisions as either “minor,” “moderate,” or “serious,” with different penalty ranges applicable to each classification, as specified, and would apply these amounts to both civil penalties and administrative penalties. The bill would set forth notice and other procedural requirements for bringing and resolving an administrative action pursuant to those provisions, and would require the funds recovered by the county agricultural commissioner to be deposited in the county’s general fund, and funds collected by the secretary to be deposited into the Department of Food and Agriculture Fund for use by the department in administering these provisions, when appropriated to the department for that purpose.","An act to amend Section 27581.4 of, and to add Sections 27561.5, 27581.1, 27583, 27583.2, 27583.4, 27584, and 27585 to, the Food and Agricultural Code, relating to eggs." +598,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14132.100 of the Welfare and Institutions Code is amended to read: +14132.100. +(a) The federally qualified health center services described in Section 1396d(a)(2)(C) of Title 42 of the United States Code are covered benefits. +(b) The rural health clinic services described in Section 1396d(a)(2)(B) of Title 42 of the United States Code are covered benefits. +(c) Federally qualified health center services and rural health clinic services shall be reimbursed on a per-visit basis in accordance with the definition of “visit” set forth in subdivision (g). +(d) Effective October 1, 2004, and on each October 1, thereafter, until no longer required by federal law, federally qualified health center (FQHC) and rural health clinic (RHC) per-visit rates shall be increased by the Medicare Economic Index applicable to primary care services in the manner provided for in Section 1396a(bb)(3)(A) of Title 42 of the United States Code. Prior to January 1, 2004, FQHC and RHC per-visit rates shall be adjusted by the Medicare Economic Index in accordance with the methodology set forth in the state plan in effect on October 1, 2001. +(e) (1) An FQHC or RHC may apply for an adjustment to its per-visit rate based on a change in the scope of services provided by the FQHC or RHC. Rate changes based on a change in the scope of services provided by an FQHC or RHC shall be evaluated in accordance with Medicare reasonable cost principles, as set forth in Part 413 (commencing with Section 413.1) of Title 42 of the Code of Federal Regulations, or its successor. +(2) Subject to the conditions set forth in subparagraphs (A) to (D), inclusive, of paragraph (3), a change in scope of service means any of the following: +(A) The addition of a new FQHC or RHC service that is not incorporated in the baseline prospective payment system (PPS) rate, or a deletion of an FQHC or RHC service that is incorporated in the baseline PPS rate. +(B) A change in service due to amended regulatory requirements or rules. +(C) A change in service resulting from relocating or remodeling an FQHC or RHC. +(D) A change in types of services due to a change in applicable technology and medical practice utilized by the center or clinic. +(E) An increase in service intensity attributable to changes in the types of patients served, including, but not limited to, populations with HIV or AIDS, or other chronic diseases, or homeless, elderly, migrant, or other special populations. +(F) Any changes in any of the services described in subdivision (a) or (b), or in the provider mix of an FQHC or RHC or one of its sites. +(G) Changes in operating costs attributable to capital expenditures associated with a modification of the scope of any of the services described in subdivision (a) or (b), including new or expanded service facilities, regulatory compliance, or changes in technology or medical practices at the center or clinic. +(H) Indirect medical education adjustments and a direct graduate medical education payment that reflects the costs of providing teaching services to interns and residents. +(I) Any changes in the scope of a project approved by the federal Health Resources and +Service +Services +Administration (HRSA). +(3) No change in costs shall, in and of itself, be considered a scope-of-service change unless all of the following apply: +(A) The increase or decrease in cost is attributable to an increase or decrease in the scope of services defined in subdivisions (a) and (b), as applicable. +(B) The cost is allowable under Medicare reasonable cost principles set forth in Part 413 (commencing with Section 413) of Subchapter B of Chapter 4 of Title 42 of the Code of Federal Regulations, or its successor. +(C) The change in the scope of services is a change in the type, intensity, duration, or amount of services, or any combination thereof. +(D) The net change in the FQHC’s or RHC’s rate equals or exceeds 1.75 percent for the affected FQHC or RHC site. For FQHCs and RHCs that filed consolidated cost reports for multiple sites to establish the initial prospective payment reimbursement rate, the 1.75-percent threshold shall be applied to the average per-visit rate of all sites for the purposes of calculating the cost associated with a scope-of-service change. “Net change” means the per-visit rate change attributable to the cumulative effect of all increases and decreases for a particular fiscal year. +(4) An FQHC or RHC may submit requests for scope-of-service changes once per fiscal year, only within 90 days following the beginning of the FQHC’s or RHC’s fiscal year. Any approved increase or decrease in the provider’s rate shall be retroactive to the beginning of the FQHC’s or RHC’s fiscal year in which the request is submitted. +(5) An FQHC or RHC shall submit a scope-of-service rate change request within 90 days of the beginning of any FQHC or RHC fiscal year occurring after the effective date of this section, if, during the FQHC’s or RHC’s prior fiscal year, the FQHC or RHC experienced a decrease in the scope of services provided that the FQHC or RHC either knew or should have known would have resulted in a significantly lower per-visit rate. If an FQHC or RHC discontinues providing onsite pharmacy or dental services, it shall submit a scope-of-service rate change request within 90 days of the beginning of the following fiscal year. The rate change shall be effective as provided for in paragraph (4). As used in this paragraph, “significantly lower” means an average per-visit rate decrease in excess of 2.5 percent. +(6) Notwithstanding paragraph (4), if the approved scope-of-service change or changes were initially implemented on or after the first day of an FQHC’s or RHC’s fiscal year ending in calendar year 2001, but before the adoption and issuance of written instructions for applying for a scope-of-service change, the adjusted reimbursement rate for that scope-of-service change shall be made retroactive to the date the scope-of-service change was initially implemented. Scope-of-service changes under this paragraph shall be required to be submitted within the later of 150 days after the adoption and issuance of the written instructions by the department, or 150 days after the end of the FQHC’s or RHC’s fiscal year ending in 2003. +(7) All references in this subdivision to “fiscal year” shall be construed to be references to the fiscal year of the individual FQHC or RHC, as the case may be. +(f) (1) An FQHC or RHC may request a supplemental payment if extraordinary circumstances beyond the control of the FQHC or RHC occur after December 31, 2001, and PPS payments are insufficient due to these extraordinary circumstances. Supplemental payments arising from extraordinary circumstances under this subdivision shall be solely and exclusively within the discretion of the department and shall not be subject to subdivision (l). These supplemental payments shall be determined separately from the scope-of-service adjustments described in subdivision (e). Extraordinary circumstances include, but are not limited to, acts of nature, changes in applicable requirements in the Health and Safety Code, changes in applicable licensure requirements, and changes in applicable rules or regulations. Mere inflation of costs alone, absent extraordinary circumstances, shall not be grounds for supplemental payment. If an FQHC’s or RHC’s PPS rate is sufficient to cover its overall costs, including those associated with the extraordinary circumstances, then a supplemental payment is not warranted. +(2) The department shall accept requests for supplemental payment at any time throughout the prospective payment rate year. +(3) Requests for supplemental payments shall be submitted in writing to the department and shall set forth the reasons for the request. Each request shall be accompanied by sufficient documentation to enable the department to act upon the request. Documentation shall include the data necessary to demonstrate that the circumstances for which supplemental payment is requested meet the requirements set forth in this section. Documentation shall include all of the following: +(A) A presentation of data to demonstrate reasons for the FQHC’s or RHC’s request for a supplemental payment. +(B) Documentation showing the cost implications. The cost impact shall be material and significant, two hundred thousand dollars ($200,000) or 1 percent of a facility’s total costs, whichever is less. +(4) A request shall be submitted for each affected year. +(5) Amounts granted for supplemental payment requests shall be paid as lump-sum amounts for those years and not as revised PPS rates, and shall be repaid by the FQHC or RHC to the extent that it is not expended for the specified purposes. +(6) The department shall notify the provider of the department’s discretionary decision in writing. +(g) (1) An FQHC or RHC “visit” means a face-to-face encounter between an FQHC or RHC patient and a physician, physician assistant, nurse practitioner, certified nurse-midwife, clinical psychologist, licensed clinical social worker, +marriage and family therapist, +or a visiting nurse. For purposes of this section, “physician” shall be interpreted in a manner consistent with the Centers for Medicare and Medicaid Services’ Medicare Rural Health Clinic and Federally Qualified Health Center Manual (Publication 27), or its successor, only to the extent that it defines the professionals whose services are reimbursable on a per-visit basis and not as to the types of services that these professionals may render during these visits and shall include a physician and surgeon, podiatrist, dentist, optometrist, and chiropractor. A visit shall also include a face-to-face encounter between an FQHC or RHC patient and a comprehensive perinatal services practitioner, as defined in Section 51179.1 of Title 22 of the California Code of Regulations, providing comprehensive perinatal services, a four-hour day of attendance at an adult day health care center, and any other provider identified in the state plan’s definition of an FQHC or RHC visit. +(2) (A) A visit shall also include a face-to-face encounter between an FQHC or RHC patient and a dental hygienist or a dental hygienist in alternative practice. +(B) Notwithstanding subdivision (e), an FQHC or RHC that currently includes the cost of the services of a dental hygienist in alternative practice for the purposes of establishing its FQHC or RHC rate shall apply for an adjustment to its per-visit rate, and, after the rate adjustment has been approved by the department, shall bill these services as a separate visit. However, multiple encounters with dental professionals that take place on the same day shall constitute a single visit. The department shall develop the appropriate forms to determine which FQHC’s or RHC rates shall be adjusted and to facilitate the calculation of the adjusted rates. An FQHC’s or RHC’s application for, or the department’s approval of, a rate adjustment pursuant to this subparagraph shall not constitute a change in scope of service within the meaning of subdivision (e). An FQHC or RHC that applies for an adjustment to its rate pursuant to this subparagraph may continue to bill for all other FQHC or RHC visits at its existing per-visit rate, subject to reconciliation, until the rate adjustment for visits between an FQHC or RHC patient and a dental hygienist or a dental hygienist in alternative practice has been approved. Any approved increase or decrease in the provider’s rate shall be made within six months after the date of receipt of the department’s rate adjustment forms pursuant to this subparagraph and shall be retroactive to the beginning of the fiscal year in which the FQHC or RHC submits the request, but in no case shall the effective date be earlier than January 1, 2008. +(C) An FQHC or RHC that does not provide dental hygienist or dental hygienist in alternative practice services, and later elects to add these services, shall process the addition of these services as a change in scope of service pursuant to subdivision (e). +(h) If FQHC or RHC services are partially reimbursed by a third-party payer, such as a managed care entity (as defined in Section 1396u-2(a)(1)(B) of Title 42 of the United States Code), the Medicare Program, or the Child Health and Disability Prevention (CHDP) program, the department shall reimburse an FQHC or RHC for the difference between its per-visit PPS rate and receipts from other plans or programs on a contract-by-contract basis and not in the aggregate, and may not include managed care financial incentive payments that are required by federal law to be excluded from the calculation. +(i) (1) An entity that first qualifies as an FQHC or RHC in the year 2001 or later, a newly licensed facility at a new location added to an existing FQHC or RHC, and any entity that is an existing FQHC or RHC that is relocated to a new site shall each have its reimbursement rate established in accordance with one of the following methods, as selected by the FQHC or RHC: +(A) The rate may be calculated on a per-visit basis in an amount that is equal to the average of the per-visit rates of three comparable FQHCs or RHCs located in the same or adjacent area with a similar caseload. +(B) In the absence of three comparable FQHCs or RHCs with a similar caseload, the rate may be calculated on a per-visit basis in an amount that is equal to the average of the per-visit rates of three comparable FQHCs or RHCs located in the same or an adjacent service area, or in a reasonably similar geographic area with respect to relevant social, health care, and economic characteristics. +(C) At a new entity’s one-time election, the department shall establish a reimbursement rate, calculated on a per-visit basis, that is equal to 100 percent of the projected allowable costs to the FQHC or RHC of furnishing FQHC or RHC services during the first 12 months of operation as an FQHC or RHC. After the first 12-month period, the projected per-visit rate shall be increased by the Medicare Economic Index then in effect. The projected allowable costs for the first 12 months shall be cost settled and the prospective payment reimbursement rate shall be adjusted based on actual and allowable cost per visit. +(D) The department may adopt any further and additional methods of setting reimbursement rates for newly qualified FQHCs or RHCs as are consistent with Section 1396a(bb)(4) of Title 42 of the United States Code. +(2) In order for an FQHC or RHC to establish the comparability of its caseload for purposes of subparagraph (A) or (B) of paragraph (1), the department shall require that the FQHC or RHC submit its most recent annual utilization report as submitted to the Office of Statewide Health Planning and Development, unless the FQHC or RHC was not required to file an annual utilization report. FQHCs or RHCs that have experienced changes in their services or caseload subsequent to the filing of the annual utilization report may submit to the department a completed report in the format applicable to the prior calendar year. FQHCs or RHCs that have not previously submitted an annual utilization report shall submit to the department a completed report in the format applicable to the prior calendar year. The FQHC or RHC shall not be required to submit the annual utilization report for the comparable FQHCs or RHCs to the department, but shall be required to identify the comparable FQHCs or RHCs. +(3) The rate for any newly qualified entity set forth under this subdivision shall be effective retroactively to the later of the date that the entity was first qualified by the applicable federal agency as an FQHC or RHC, the date a new facility at a new location was added to an existing FQHC or RHC, or the date on which an existing FQHC or RHC was relocated to a new site. The FQHC or RHC shall be permitted to continue billing for Medi-Cal covered benefits on a fee-for-service basis until it is informed of its enrollment as an FQHC or RHC, and the department shall reconcile the difference between the fee-for-service payments and the FQHC’s or RHC’s prospective payment rate at that time. +(j) Visits occurring at an intermittent clinic site, as defined in subdivision (h) of Section 1206 of the Health and Safety Code, of an existing FQHC or RHC, or in a mobile unit as defined by paragraph (2) of subdivision (b) of Section 1765.105 of the Health and Safety Code, shall be billed by and reimbursed at the same rate as the FQHC or RHC establishing the intermittent clinic site or the mobile unit, subject to the right of the FQHC or RHC to request a scope-of-service adjustment to the rate. +(k) An FQHC or RHC may elect to have pharmacy or dental services reimbursed on a fee-for-service basis, utilizing the current fee schedules established for those services. These costs shall be adjusted out of the FQHC’s or RHC’s clinic base rate as scope-of-service changes. An FQHC or RHC that reverses its election under this subdivision shall revert to its prior rate, subject to an increase to account for all MEI increases occurring during the intervening time period, and subject to any increase or decrease associated with applicable scope-of-services adjustments as provided in subdivision (e). +(l) FQHCs and RHCs may appeal a grievance or complaint concerning ratesetting, scope-of-service changes, and settlement of cost report audits, in the manner prescribed by Section 14171. The rights and remedies provided under this subdivision are cumulative to the rights and remedies available under all other provisions of law of this state. +(m) The department shall, by no later than March 30, 2008, promptly seek all necessary federal approvals in order to implement this section, including any amendments to the state plan. To the extent that any element or requirement of this section is not approved, the department shall submit a request to the federal Centers for Medicare and Medicaid Services for any waivers that would be necessary to implement this section. +(n) The department shall implement this section only to the extent that federal financial participation is obtained.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law provides that federally qualified health center services and rural health clinic services, as defined, are covered benefits under the Medi-Cal program, to be reimbursed, to the extent that federal financial participation is obtained, to providers on a per-visit basis. “Visit” is defined as a face-to-face encounter between a patient of a federally qualified health center or a rural health clinic and specified health care professionals. +This bill would include a marriage and family therapist within those health care professionals covered under that definition.","An act to amend Section 14132.100 of the Welfare and Institutions Code, relating to Medi-Cal." +599,"The people of the State of California do enact as follows: + + +SECTION 1. +Part 20 (commencing with Section 870) is added to Division 2 of the Probate Code, to read: +PART 20. Revised Uniform Fiduciary Access to Digital Assets Act +870. +This part shall be known, and may be cited, as the Revised Uniform Fiduciary Access to Digital Assets Act. +871. +As used in this part, the following terms shall have the following meanings: +(a) “Account” means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. +(b) “Carries” means engages in the transmission of electronic communications. +(c) “Catalogue of electronic communications” means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. +(d) “Content of an electronic communication” means information concerning the substance or meaning of the communication, which meets all of the following requirements: +(1) Has been sent or received by a user. +(2) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public. +(3) Is not readily accessible to the public. +(e) “Court” means the superior court presiding over the judicial proceedings which have been initiated under this code to administer the estate of the deceased user, or, if none, the superior court sitting in the exercise of jurisdiction under this code in the county of the user’s domicile, and the court, as defined in this section, shall have exclusive jurisdiction over proceedings brought under this part. +(f) “Custodian” means a person that carries, maintains, processes, receives, or stores a digital asset of a user. +(g) “Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user. +(h) “Digital asset” means an electronic record in which an individual has a right or interest. The term “digital asset” does not include an underlying asset or liability, unless the asset or liability is itself an electronic record. +(i) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. +(j) “Electronic communication” has the same meaning as the definition in Section 2510(12) of Title 18 of the United States Code. +(k) “Electronic communication service” means a custodian that provides to a user the ability to send or receive an electronic communication. +(l) “Fiduciary” means an original, additional, or successor personal representative or trustee. +(m) “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or other items with like characteristics. +(n) “Online tool” means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. +(o) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. +(p) “Personal representative” means an executor, administrator, special administrator, or person that performs substantially the same function under any other law. +(q) “Power of attorney” means a record that grants an agent authority to act in the place of the principal. +(r) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. +(s) “Remote-computing service” means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in Section 2510(14) of Title 18 of the United States Code. +(t) “Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian. +(u) “Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee. +(v) “User” means a person that has an account with a custodian. +(w) “Will” includes a codicil, a testamentary instrument that only appoints an executor, or an instrument that revokes or revises a testamentary instrument. +872. +(a) This part shall apply to any of the following: +(1) A fiduciary acting under a will executed before, on, or after January 1, 2017. +(2) A personal representative acting for a decedent who died before, on, or after January 1, 2017. +(3) A trustee acting under a trust created before, on, or after January 1, 2017. +(4) A custodian of digital assets for a user if the user resides in this state or resided in this state at the time of the user’s death. +(b) This part shall not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business. +873. +(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record. +(b) If a user has not used an online tool to give direction under subdivision (a) or if a custodian has not provided an online tool, a user may allow or prohibit in a will, trust, power of attorney, or other record the disclosure to a fiduciary of some or all of the user’s digital assets, including the contents of electronic communications sent or received by the user. +(c) A user’s direction under subdivision (a) or (b) overrides a contrary provision in a terms-of-service agreement. +874. +(a) This part does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of a user. +(b) This part does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate or trust, the fiduciary or designated recipient acts or represents. +(c) A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement when the user has not provided any direction that is recognized in Section 873. +875. +(a) When disclosing the digital assets of a user under this part, the custodian may, in its sole discretion, do any of the following: +(1) Grant the fiduciary or designated recipient full access to the user’s account. +(2) Grant the fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged. +(3) Provide the fiduciary or designated recipient with a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. +(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this part. +(c) A custodian need not disclose under this part a digital asset deleted by a user. +(d) If a user directs or a fiduciary or designated recipient requests a custodian to disclose under this part some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian, fiduciary, or designated recipient may petition the court for an order to do any of the following: +(1) Disclose a subset limited by date of the user’s digital assets. +(2) Disclose all of the user’s digital assets to the fiduciary or designated recipient. +(3) Disclose none of the user’s digital assets. +(4) Disclose all of the user’s digital assets to the court for review in camera. +876. +If a deceased user consented to or a court directs disclosure of the content of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives to the custodian all of the following: +(a) A written request for disclosure in physical or electronic form. +(b) A certified copy of the death certificate of the user. +(c) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, or court order. +(d) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications. +(e) If requested by the custodian, any of the following: +(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account. +(2) Evidence linking the account to the user. +(3) An order of the court finding any of the following: +(A) That the user had a specific account with the custodian, identifiable by the information specified in paragraph (1). +(B) That disclosure of the content of the user’s electronic communications would not violate Chapter 121 (commencing with Section 2701) of Part 1 of Title 18 of, and Section 222 of Title 47 of, the United States Code, or other applicable law. +(C) Unless the user provided direction using an online tool, that the user consented to disclosure of the content of electronic communications. +(D) That disclosure of the content of electronic communications of a user is reasonably necessary for estate administration. +877. +Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the personal representative gives to the custodian all of the following: +(a) A written request for disclosure in physical or electronic form. +(b) A certified copy of the death certificate of the user. +(c) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, or court order. +(d) If requested by the custodian, any of the following: +(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account. +(2) Evidence linking the account to the user. +(3) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for estate administration. +(4) An order of the court finding either of the following: +(A) That the user had a specific account with the custodian, identifiable by the information specified in paragraph (1). +(B) That disclosure of the user’s digital assets is reasonably necessary for estate administration. +878. +Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives to the custodian all of the following: +(a) A written request for disclosure in physical or electronic form. +(b) A certified copy of the death certificate of the settlor. +(c) A certified copy of the trust instrument, or a certification of trust under Section 18100.5, evidencing the settlor’s consent to disclosure of the content of electronic communications to the trustee. +(d) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust. +(e) If requested by the custodian, any of the following: +(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account. +(2) Evidence linking the account to the trust. +879. +Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, the catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the settlor of the trust is deceased and the trustee gives the custodian all of the following: +(a) A written request for disclosure in physical or electronic form. +(b) A certified copy of the death certificate of the settlor. +(c) A certified copy of the trust instrument or a certification of trust under Section 18100.5. +(d) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust. +(e) If requested by the custodian, any of the following: +(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account. +(2) Evidence linking the account to the trust. +880. +(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following: +(1) The duty of care. +(2) The duty of loyalty. +(3) The duty of confidentiality. +(b) All of the following shall apply to a fiduciary’s or designated recipient’s authority with respect to a digital asset of a user: +(1) Except as otherwise provided in Section 873, a fiduciary’s or designated recipient’s authority is subject to the applicable terms-of-service agreement. +(2) A fiduciary’s or designated recipient’s authority is subject to other applicable law, including copyright law. +(3) In the case of a fiduciary, a fiduciary’s authority is limited by the scope of the fiduciary’s duties. +(4) A fiduciary’s or designated recipient’s authority may not be used to impersonate the user. +(c) A fiduciary with authority over the property of a decedent or settlor has the right of access to any digital asset in which the decedent or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. Nothing in this subdivision requires a custodian to share passwords or decrypt protected devices. +(d) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws. +(e) The following shall apply to a fiduciary with authority over the tangible, personal property of a decedent or settlor: +(1) The fiduciary has the right to access the property and any digital asset stored in it. Nothing in this subdivision requires a custodian to share passwords or decrypt protected devices. +(2) The fiduciary is an authorized user for purposes of any applicable computer-fraud and unauthorized-computer-access laws. +(f) A custodian may disclose information in an account to a fiduciary of the decedent or settlor when the information is required to terminate an account used to access digital assets licensed to the user. +(g) A fiduciary of a decedent or settlor may request a custodian to terminate the user’s account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by all of the following: +(1) If the user is deceased, a certified copy of the death certificate of the user. +(2) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, a court order, a certified copy of the trust instrument, or a certification of the trust under Section 18100.5 giving the fiduciary authority over the account. +(3) If requested by the custodian, any of the following: +(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account. +(B) Evidence linking the account to the user. +(C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A). +881. +(a) Not later than 60 days after receipt of the information required under Sections 876 to 879, inclusive, a custodian shall comply with a request under this part from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply with a request, the fiduciary or designated recipient may apply to the court for an order directing compliance. +(b) An order under subdivision (a) directing compliance shall contain a finding that compliance is not in violation of Section 2702 of Title 18 of the United States Code. +(c) A custodian may notify a user that a request for disclosure of digital assets or to terminate an account was made pursuant to this part. +(d) A custodian may deny a request under this part from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the date of death of the user. +(e) This part does not limit a custodian’s ability to obtain or to require a fiduciary or designated recipient requesting disclosure or account termination under this part to obtain a court order that makes all of the following findings: +(1) The account belongs to the decedent, principal, or trustee. +(2) There is sufficient consent from the decedent, principal, or settlor to support the requested disclosure. +(3) Any specific factual finding required by any other applicable law in effect at that time, including, but not limited to, a finding that disclosure is not in violation of Section 2702 of Title 18 of the United States Code. +(f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this part. +882. +This part modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)). +883. +Disclosure of the contents of the deceased user’s or settlor’s account to a fiduciary of the deceased user or settlor is subject to the same license, restrictions, terms of service, and legal obligations, including copyright law, that applied to the deceased user or settlor. +884. +If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and, to this end, the provisions of this part are severable.","Existing law provides for the disposition of a testator’s property by will. Existing law also provides for the disposition of that portion of a decedent’s estate not disposed of by will. Existing law provides that the decedent’s property, including property devised by a will, is generally subject to probate administration, except as specified. +This bill would enact the Revised Uniform Fiduciary Access to Digital Assets Act, which would authorize a decedent’s personal representative or trustee to access and manage digital assets and electronic communications, as specified. The bill would authorize a person to use an online tool to give directions to the custodian of his or her digital assets regarding the disclosure of those assets. The bill would specify that, if a person has not used an online tool to give that direction, he or she may give direction regarding the disclosure of digital assets in a will, trust, power of attorney, or other record. The bill would require a custodian of the digital assets to comply with a fiduciary’s request for disclosure of digital assets or to terminate an account, except under certain circumstances, including when the decedent has prohibited this disclosure using the online tool. The bill would make custodians immune from liability for an act or omission done in good faith in compliance with these provisions.","An act to add Part 20 (commencing with Section 870) to Division 2 of the Probate Code, relating to estates." diff --git a/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-3.csv b/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-3.csv new file mode 100644 index 0000000000..d1f42655b1 --- /dev/null +++ b/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-3.csv @@ -0,0 +1,11248 @@ +Unnamed: 0,text,summary,title +600,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) It is necessary to provide assistance to low-income utility customers to make sure they can afford to pay their energy bills. +(b) Programs that reduce the costs of the energy utilities’ California Alternate Rates for Energy, or CARE, program can support the long-term ability of the CARE program to meet the needs of low-income customers. +(c) Installing qualifying solar energy systems in disadvantaged communities can provide local economic development benefits while advancing the state’s renewable energy policies and policies to reduce emissions of greenhouse gases. +(d) The Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code) requires that a minimum of 25 percent of the available moneys in the Greenhouse Gas Reduction Fund be allocated to projects that provide benefits to disadvantaged communities and 10 percent fund projects in disadvantaged communities. +(e) It is the goal of the state to make qualifying solar energy systems more accessible to low-income and disadvantaged communities and, as in the case of the Multifamily Affordable Housing Solar Roofs Program, to install those systems in a manner that represents the geographic diversity of the state. +(f) It is the goal of the state to install qualifying solar energy systems that have a generating capacity equivalent to at least 300 megawatts for the express purpose of lowering the energy bills of tenants at low-income multifamily housing. +SEC. 2. +Section 748.5 of the Public Utilities Code is amended to read: +748.5. +(a) Except as provided in subdivision (c), the commission shall require revenues, including any accrued interest, received by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to electric utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations to be credited directly to the residential, small business, and emissions-intensive trade-exposed retail customers of the electrical corporation. +(b) Not later than January 1, 2013, the commission shall require the adoption and implementation of a customer outreach plan for each electrical corporation, including, but not limited to, such measures as notices in bills and through media outlets, for purposes of obtaining the maximum feasible public awareness of the crediting of greenhouse gas allowance revenues. Costs associated with the implementation of this plan are subject to recovery in rates pursuant to Section 454. +(c) The commission may allocate up to 15 percent of the revenues, including any accrued interest, received by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to electrical distribution utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations, for clean energy and energy efficiency projects established pursuant to statute that are administered by the electrical corporation, or a qualified third-party administrator as approved by the commission, and that are not otherwise funded by another funding source. +SEC. 3. +Chapter 9.5 (commencing with Section 2870) is added to Part 2 of Division 1 of the Public Utilities Code, to read: +CHAPTER 9.5. Multifamily Affordable Housing Solar Roofs Program +2870. +(a) As used in this section, the following terms have the following meanings: +(1) “CARE program” means the California Alternate Rates for Energy program established pursuant to Section 739.1. +(2) “Program” means the Multifamily Affordable Housing Solar Roofs Program established pursuant to this chapter. +(3) “Qualified multifamily affordable housing property” means a multifamily residential building of at least five rental housing units that is operated to provide deed-restricted low-income residential housing, as defined in clause (i) of subparagraph (A) of paragraph (3) of subdivision (a) of Section 2852, and that meets one or more of the following requirements: +(A) The property is located in a disadvantaged community, as identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code. +(B) At least 80 percent of the households have incomes at or below 60 percent of the area median income, as defined in subdivision (f) of Section 50052.5 of the Health and Safety Code. +(4) “Solar energy system” means a solar energy photovoltaic device that meets or exceeds the eligibility criteria established pursuant to Section 25782 of the Public Resources Code. +(b) (1) Adoption and implementation of the Multifamily Affordable Housing Solar Roofs Program may count toward the satisfaction of the commission’s obligation to ensure that specific alternatives designed for growth among residential customers in disadvantaged communities are offered as part of the standard contract or tariff authorized pursuant to paragraph (1) of subdivision (b) of Section 2827.1. +(2) Nothing in this section shall preclude electrical corporations from offering and administering a distributed energy resource program, including solar energy systems, in disadvantaged communities offered under current or proposed programs using funds provided under subdivision (c) of Section 748.5 or programs proposed to comply with paragraph (1) of subdivision (b) as approved by the commission. +(c) The commission shall annually authorize the allocation of one hundred million dollars ($100,000,000) or 10 percent of available funds, whichever is less, from the revenues described in subdivision (c) of Section 748.5 for the Multifamily Affordable Housing Solar Roofs Program, beginning with the fiscal year commencing July 1, 2016, and ending with the fiscal year ending June 30, 2020. The commission shall continue authorizing the allocation of these funds through June 30, 2026, if the commission determines that revenues are available after 2020 and that there is adequate interest and participation in the program. +(d) The commission shall consider the most appropriate program administration structure, including administration by a qualified third-party administrator, selected by the commission through a competitive bidding process, or administration by an electrical corporation, in an existing or future proceeding. +(e) Not more than 10 percent of the funds allocated to the program shall be used for administration. +(f) (1) By June 30, 2017, the commission shall authorize the award of monetary incentives for qualifying solar energy systems that are installed on qualified multifamily affordable housing properties through December 31, 2030. The target of the program is to install a combined generating capacity of at least 300 megawatts on qualified properties. +(2) The commission shall require that the electricity generated by qualifying renewable energy systems installed pursuant to the program be primarily used to offset electricity usage by low-income tenants. These requirements may include required covenants and restrictions in deeds. +(3) The commission shall require that qualifying solar energy systems owned by third-party owners are subject to contractual restrictions to ensure that no additional costs for the system be passed on to low-income tenants at the properties receiving incentives pursuant to the program. The commission shall require third-party owners of solar energy systems to provide ongoing operations and maintenance of the system, monitor energy production, and, where necessary, take appropriate action to ensure that the kWh production levels projected for the system are achieved throughout the period of the third-party agreement. Such actions may include, but are not limited to, providing a performance guarantee of annual production levels or taking corrective actions to resolve underproduction problems. +(4) The commission shall ensure that incentive levels for photovoltaic installations receiving incentives through the program are aligned with the installation costs for solar energy systems in affordable housing markets and take account of federal investment tax credits and contributions from other sources to the extent feasible. +(5) The commission shall require that no individual installation receive incentives at a rate greater than 100 percent of the total system installation costs. +(6) The commission shall establish local hiring requirements for the program to provide economic development benefits to disadvantaged communities. +(7) The commission shall establish energy efficiency requirements that are equal to the energy efficiency requirements established for the program described in Section 2852, including participation in a federal, state, or utility-funded energy efficiency program or documentation of a recent energy efficiency retrofit. +(g) (1) Low-income tenants who participate in the program shall receive credits on utility bills from the program. The commission shall ensure that utility bill reductions are achieved through tariffs that allow for the allocation of credits, such as virtual net metering tariffs designed for Multifamily Affordable Solar Housing Program participants, or other tariffs that may be adopted by the commission pursuant to Section 2827.1. +(2) The commission shall ensure that electrical corporation tariff structures affecting the low-income tenants participating in the program continue to provide a direct economic benefit from the qualifying solar energy system. +(h) Nothing in this chapter is intended to supplant CARE program rates as the primary mechanism for achieving the goals of the CARE program. +(i) The commission shall determine the eligibility of qualified multifamily affordable housing property tenants that are customers of community choice aggregators. +(j) (1) On or before July 30, 2020, and by July 30 of every third year thereafter through 2029, the commission shall submit to the Legislature an assessment of the Multifamily Affordable Housing Solar Roofs Program. That assessment shall include the number of qualified multifamily affordable housing property sites that have a qualifying solar energy system for which an award was made pursuant to this chapter and the dollar value of the award, the electrical generating capacity of the qualifying renewable energy system, the bill reduction outcomes of the program for the participants, the cost of the program, the total electrical system benefits, the environmental benefits, the progress made toward reaching the goals of the program, the program’s impact on the CARE program budget, and the recommendations for improving the program to meet its goals. The report shall include an analysis of pending program commitments, reservations, obligations, and projected demands for the program to determine whether future ongoing funding allocations for the program are substantiated. The report shall also include a summary of the other programs intended to benefit disadvantaged communities, including, but not limited to, the Single-Family Affordable Solar Homes Program, the Multifamily Affordable Solar Housing Program, and the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831)). +(2) Every three years, the commission shall evaluate the program’s expenditures, commitments, uncommitted balances, future demands, performance, and outcomes and shall make any necessary adjustments to the program to ensure the goals of the program are being met. If, upon review, the commission finds there is insufficient participation in the program, the commission may credit uncommitted funds back to ratepayers pursuant to Section 748.5. +(3) As part of the annual workplan required pursuant to Section 321.6, the commission shall provide an annual update of the Multifamily Affordable Housing Solar Roofs Program that shall include, but not be limited to, the number of projects approved, number of projects completed, number of pending projects awaiting approval, and geographic distribution of the projects. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. +The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. That act requires the state board to adopt a statewide greenhouse gas emissions limit, as defined, to be achieved by 2020, equivalent to the statewide greenhouse gas emissions level in 1990. The state board is authorized to include market-based compliance mechanisms to comply with the regulations. The implementing regulations adopted by the state board provide for the direct allocation of greenhouse gas allowances to electrical corporations pursuant to a market-based compliance mechanism. +Existing law authorizes the commission to allocate 15% of these revenues for clean energy and energy efficiency projects established pursuant to statute that are administered by electrical corporations and requires the commission to direct the balance of the revenues to be credited directly to the residential, small business, and emissions-intensive trade-exposed retail customers of the electrical corporations, as specified. +This bill would authorize a qualified 3rd-party administrator to administer the clean energy and energy efficiency projects. +Existing law requires the commission to ensure that not less than 10% of the funds for the California Solar Initiative are utilized for the installation of solar energy systems, as defined, on low-income residential housing, as defined. Pursuant to this requirement, the commission adopted decisions that established the Single-Family Affordable Solar Homes Program and the Multifamily Affordable Solar Housing Program, pursuant to which the electrical corporations provide monetary incentives for the installation of solar energy systems on low-income residential housing. +This bill would require the commission to annually authorize the allocation of $100,000,000 or 10% of available funds, whichever is less, beginning with the fiscal year commencing July 1, 2016, and ending with the fiscal year ending June 30, 2020, from the greenhouse gas allowance revenues received by electrical corporations set aside for clean energy and energy efficiency projects for the Multifamily Affordable Housing Solar Roofs Program, which the bill would create. The bill would require the commission to consider the most appropriate program administration, as specified, with not more than 10% of the allocated funds to be used for administration. The bill would require the commission to authorize, by June 30, 2017, the award of monetary incentives for solar energy systems, as defined, that are installed on qualified multifamily affordable housing properties, as defined, through December 31, 2030, with the target of the program being to install a combined generating capacity of at least 300 megawatts on qualified properties. The bill would require the commission to require that the electricity generated by qualifying solar energy systems installed on qualified multifamily affordable housing properties pursuant to the program be primarily used to offset electricity usage by low-income tenants. The bill would require that low-income tenants receive credits on utility bills from the program through tariffs that allow for the allocation of credits, as specified. The bill would require the commission, on or before July 30, 2020, and by July 30 of every third year thereafter through 2029, to submit an assessment, as specified, to the Legislature of the Multifamily Affordable Housing Solar Roofs Program. +Existing law makes any public utility and any corporation or person other than a public utility that violates any part of any order, decision, rule, direction, demand, or requirement of the commission guilty of a crime. +Because the provisions of this bill require action by the commission to implement its requirements, a violation of these commission-ordered requirements would impose a state-mandated local program by creating a new crime. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 748.5 of, and to add Chapter 9.5 (commencing with Section 2870) to Part 2 of Division 1 of, the Public Utilities Code, relating to energy." +601,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) According to a Kaiser Family Foundation study, California’s seniors have the nation’s highest poverty rate. +(2) Twenty percent of California adults over 65 years of age live below the poverty threshold of about $16,000, when the higher cost of housing and health care are taken into account. +(3) Nationally, homelessness among seniors is projected to rise by 33 percent between 2010 and 2020, and by 100 percent between 2010 and 2050, according to a 2010 report from the Homelessness Research Institute. +(4) The Los Angeles Homeless Services Authority reports that from 2011 to 2013, inclusive, Los Angeles County had a 29.1 percent increase in the number of homeless people 62 years of age and older. +(5) According to a March 2013 report of the National Low Income Housing Coalition, California is the second least affordable state behind Hawaii. +(6) According to the federal Department of Housing and Urban Development, fair market rent in California for a two-bedroom apartment is $1,341 a month. In order to afford this level of rent and utilities, without paying more than 30 percent of income on housing, a household needs to earn $4,470 monthly or $53,640 annually. +(7) Three out of the 10 most expensive metropolitan areas and six out of the 10 most expensive counties nationally are in California. +(8) In order to slow the growing numbers of homeless senior citizens being priced out of their homes, California must begin to explore practical means to slow this disaster. +(b) The Legislature hereby enacts this act to test if the personal income tax credit described in Section 17053 of the Revenue and Taxation Code is a viable method to help low-income California senior renters remain in their homes. +SEC. 2. +Section 17053 is added to the Revenue and Taxation Code, to read: +17053. +(a) For each taxable year beginning on or after January 1, 2016, and before January 1, 2019, there shall be allowed as a credit against the “net tax,” as defined in Section 17039, an amount equal to the increase in rent of a qualified residence for the taxable year compared to the previous taxable year that is paid or incurred by a qualified taxpayer. +(b) For the purposes of this section, the following definitions shall apply: +(1) “Qualified taxpayer” means a person with all of the following characteristics: +(A) He or she is 62 years of age or older. +(B) He or she rents a qualified residence as his or her primary residence, he or she is named on the lease for that residence, and he or she has rented that residence for a period of 12 months or more. +(C) His or her combined annual household income is fifty thousand dollars ($50,000) or less, more than one-third of which is spent on rent. +(2) “Qualifying residence” means a property that is located in the County of Alameda, the City and County of San Francisco, the County of Ventura, and the County of Santa Clara. +(c) In the case where the credit allowed by this section exceeds the “net tax,” the excess may be carried over to reduce the “net tax” in the following year, and succeeding seven years, if necessary, until the total credit is exhausted. +(d) A credit shall not be allowed under this section if a renter’s credit has been claimed by a taxpayer pursuant to Section 17053.5. +(e) This section shall remain in effect only until December 1, 2019, and as of that date is repealed. +SEC. 3. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect. +SECTION 1. +Section 1101.5 of the +Civil Code +is amended to read: +1101.5. +(a)On or before January 1, 2019, all noncompliant plumbing fixtures in a multifamily residential real property and in a commercial real property shall be replaced with water-conserving plumbing fixtures. +(b)An owner or the owner’s agent may enter the owner’s property for the purpose of installing, repairing, testing, and maintaining water-conserving plumbing fixtures required by this section, consistent with the notice requirements of Section 1954. +(c)On and after January 1, 2019, the water-conserving plumbing fixtures required by this section shall be operating at the manufacturer’s rated water consumption at the time that the tenant takes possession. A tenant shall be responsible for notifying the owner or owner’s agent if the tenant becomes aware that a water-conserving plumbing fixture within his or her unit is not operating at the manufacturer’s rated water consumption. The owner or owner’s agent shall correct an inoperability in a water-conserving plumbing fixture upon notice by the tenant or if detected by the owner or the owner’s agent. +(d)(1)On and after January 1, 2014, all noncompliant plumbing fixtures in a multifamily residential real property and in a commercial real property shall be replaced with water-conserving plumbing fixtures in the following circumstances: +(A)For building additions in which the sum of concurrent building permits by the same permit applicant would increase the floor area of the space in a building by more than 10 percent, the building permit applicant shall replace all noncompliant plumbing fixtures in the building. +(B)For building alterations or improvements in which the total construction cost estimated in the building permit is greater than one hundred fifty thousand dollars ($150,000), the building permit applicant shall replace all noncompliant plumbing fixtures that service the specific area of the improvement. +(C)Notwithstanding subparagraph (A) or (B), for any alterations or improvements to a room in a building that require a building permit and that room contains any noncompliant plumbing fixtures, the building permit applicant shall replace all noncompliant plumbing fixtures in that room. +(2)Replacement of all noncompliant plumbing fixtures with water-conserving plumbing fixtures, as described in paragraph (1), shall be a condition for issuance of a certificate of final completion and occupancy or final permit approval by the local building department. +(e)On and after January 1, 2019, a seller or transferor of multifamily residential real property or of commercial real property shall disclose to the prospective purchaser or transferee, in writing, the requirements of subdivision (a) and whether the property includes any noncompliant plumbing fixtures. This disclosure may be included in other transactional documents.","The Personal Income Tax Law allows various credits against the tax imposed by that law, including for a qualified renter, defined as an individual who rented and occupied premises in this state which constituted his or her principal place of residence during at least 50% of the taxable year, in a specified amount based on adjusted gross income, as provided. +This bill would allow, for each taxable year beginning on or after January 1, 2016, and before January 1, 2019, a credit in an amount equal to the increase in rent of a qualified residence in specified counties for the taxable year compared to the previous taxable year that is paid or incurred by a qualified taxpayer, which is defined as a senior citizen meeting a certain low-income requirements. +This bill would take effect immediately as a tax levy. +Existing law requires the replacement of plumbing fixtures that are not water conserving, as defined as noncompliant plumbing fixtures, in residential and commercial real property built and available for use on or before January 1, 1994, as specified. +This bill would make technical, nonsubstantive changes to these provisions.","An act to amend Section 1101.5 of the Civil Code, relating to water conservation. +An act to add and repeal Section 17053 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +602,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11450 of the Welfare and Institutions Code is amended to read: +11450. +(a) (1) (A) Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the family’s income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f): +Number of +eligible needy +persons in +the same home +Maximum +aid +1 ........................ +$  326 +2 ........................ +535 +3 ........................ +663 +4 ........................ +788 +5 ........................ +899 +6 ........................ +1,010 +7 ........................ +1,109 +8 ........................ +1,209 +9 ........................ +1,306 +10 or more ........................ +1,403 +(B) If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453. +(2) The sums specified in paragraph (1) shall not be adjusted for cost of living for the 1990–91, 1991–92, 1992–93, 1993–94, 1994–95, 1995–96, 1996–97, and 1997–98 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of +former +Section 11453.05, and no further reduction shall be made pursuant to that section. +(b) (1) When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the child and her child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision. +(2) Notwithstanding paragraph (1), when the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant woman for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the woman and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision. +(3) Paragraph (1) shall apply only when the Cal-Learn Program is operative. +(c) The amount of forty-seven dollars ($47) per month shall be paid to pregnant women qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the woman and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants, and Children program. If that payment to pregnant women qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the woman and child, if born, would have qualified for aid under this chapter. +(d) For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, when added to the child’s income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations. +(e) In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance. +(f) After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for nonrecurring special needs. +(1) An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special needs items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event. +(2) (A) Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section. +(B) A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; +or +the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided. +(A) (i) A nonrecurring special needs benefit of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family. +(ii) This special needs benefit shall be granted or denied immediately upon the family’s application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the family’s homelessness within the first three working days and if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period. +(iii) After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing which shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits. +(B) (i) A nonrecurring special needs benefit for permanent housing assistance is available to pay for last month’s rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction. +(ii) The last month’s rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall only be made to families that have found permanent housing costing no more than 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size. +(iii) However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii). +(C) The nonrecurring special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities which are necessary for the health and safety of the family. +(D) A payment for +, +or denial of +, +permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the +denial of or +payment for +, or denial of, +permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter. +(E) (i) Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to +one period of up to +a maximum of +16 +consecutive +calendar days of temporary assistance and one payment of permanent assistance. +Any +A +family that includes a parent or nonparent caretaker relative living in the home who has previously received +the maximum allowable +temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. +Any +A +person who applies for homeless assistance benefits shall be informed that +, with certain exceptions, +the temporary shelter benefit +of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit +is limited to a maximum of 16 calendar days in a lifetime +. +(ii) A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance. +(iii) A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or +, +the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to +two periods of not more than 16 consecutive +a maximum of 32 +calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request. +(iv) If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate. +(v) If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation. +(vi) The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph. +(F) The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence. +(G) Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments. +(H) The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current year’s Budget Act by specifying a different daily allowance and appropriating the funds therefor. +(I) No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties. +(g) The department shall establish rules and regulations ensuring the uniform statewide application of this section. +(h) The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently. +(i) (A) Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a). +(B) The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section. +(j) For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the child’s income, is equal to the rate specified in Sections 11364 and 11387. +(k) (1) A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013. +(2) Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county. +(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section. +(l) This section shall become operative on July 1, 2015. +SEC. 2. +(a) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services shall implement this act through an all-county letter or similar instructions from the director no later than April 1, 2016. +(b) The department shall adopt regulations as necessary to implement this act no later than July 1, 2017. +SEC. 3. +No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing federal law provides for the allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant prould not be made for purposes of implementing the bill. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 11450 of the Welfare and Institutions Code, relating to public social services." +603,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 51203 of the Government Code is amended to read: +51203. +(a) The assessor shall determine the current fair market value of the land as if it were free of the contractual restriction pursuant to Section 51283. The Department of Conservation or the landowner, also referred to in this section as “parties,” may provide information to assist the assessor to determine the value. Any information provided to the assessor shall be served on the other party, unless the information was provided at the request of the assessor, and would be confidential under law if required of an assessee. +(b) Within 45 days of receiving the assessor’s notice pursuant to subdivision (a) of Section 51283 or Section 51283.4, if the Department of Conservation or the landowner believes that the current fair market valuation certified pursuant to subdivision (b) of Section 51283 or Section 51283.4 is not accurate, the department or the landowner may request formal review from the county assessor in the county considering the petition to cancel the contract. The department or the landowner shall submit to the assessor and the other party the reasons for believing the valuation is not accurate and the additional information the requesting party believes may substantiate a recalculation of the property valuation. The assessor may recover his or her reasonable costs of the formal review from the party requesting the review, and may provide an estimate of those costs to the requesting party. The recovery of these costs from the department may be deducted by the city or county from cancellation fees received pursuant to this chapter prior to transmittal to the Controller for deposit in the Soil Conservation Fund. The assessor may require a deposit from the landowner to cover the contingency that payment of a cancellation fee will not necessarily result from the completion of a formal review. This subdivision shall not be construed as a limitation on the authority provided in Section 51287 for cities or counties to recover their costs in the cancellation process, except that the assessor’s costs of conducting a formal review shall not be borne by the nonrequesting party. +(1) If no request is made within 45 days of receiving notice by certified mail of the valuation, the assessor’s valuation shall be used to calculate the fee. +(2) Upon receiving a request for formal review, the assessor shall formally review his or her valuation if, based on the determination of the assessor, the information may have a material effect on valuation of the property. The assessor shall notify the parties that the formal review is being undertaken and that information to aid the assessor’s review shall be submitted within 30 days of the date of the notice to the parties. Any information submitted to the assessor shall be served on the other party who shall have 30 days to respond to that information to the assessor. If the response to the assessor contains new information, the party receiving that response shall have 20 days to respond to the assessor as to the new information. All submittals and responses to the assessor shall be served on the other party by personal service or an affidavit of mailing. The assessor shall avoid ex parte contacts during the formal review and shall report any such contacts to the department and the landowner at the same time the review is complete. The assessor shall complete the review no later than 120 days of receiving the request. +(3) At the conclusion of the formal review, the assessor shall either revise the cancellation valuation or determine that the original cancellation valuation is accurate. The assessor shall send the revised valuation or notice of the determination that the valuation is accurate to the department, the landowner, and the board or council considering the petition to cancel the contract. The assessor shall include a brief narrative of what consideration was given to the items of information and responses directly relating to the cancellation value submitted by the parties. The assessor shall give no consideration to a party’s information or response that was not served on the other party. If the assessor denies a formal review, a brief narrative shall be provided to the parties indicating the basis for the denial, if requested. +(c) For purposes of this section, the valuation date of any revised valuation pursuant to formal review or following judicial challenge shall remain the date of the assessor’s initial valuation, or his or her initial recomputation pursuant to Section 51283.4. For purposes of cancellation fee calculation in a tentative cancellation as provided in Section 51283, or in a recomputation for final cancellation as provided in Section 51283.4, a cancellation value shall be considered current for one year after its determination and certification by the assessor. +(d) Notwithstanding any other provision of this section, the department and the landowner may agree on a cancellation valuation of the land. The agreed valuation shall serve as the cancellation valuation pursuant to Section 51283 or Section 51283.4. The agreement shall be transmitted to the board or council considering the petition to cancel the contract. +(e) If a contract with a city or county includes an additional cancellation fee pursuant to Section 51240, the department shall provide a preliminary valuation to the county assessor of the county in which the land is located and the board of supervisors or the city council at least 60 days prior to the effective date of the final cancellation valuation pursuant to subdivision (d). The preliminary valuation shall include a description of the rationale and facts considered by the department in determining the cancellation value. The assessor may provide comments on the preliminary valuation to the board of supervisors or city council. The board of supervisors or city council may provide comments on the preliminary valuation and cancellation value, if submitted, to the department. Prior to determining the final cancellation valuation, the department shall consider the comments of the board or council concerning the preliminary valuation and cancellation valuation, if submitted. +(f) This section represents the exclusive administrative procedure for appealing a cancellation valuation calculated pursuant to this section. The Department of Conservation shall represent the interests of the state in the administrative and judicial remedies for challenging the determination of a cancellation valuation or cancellation fee.","Existing law establishes the California Land Conservation Act of 1965, otherwise known as the Williamson Act, and authorizes a city or county to enter into 10-year contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation, as specified. Existing law provides for the procedure to cancel a contract entered into under these provisions, and provides that the landowner and the Department of Conservation may agree on the cancellation value of the land. +This bill would require the department to provide a preliminary valuation of the land to the county assessor and the city council or board of supervisors at least 60 days prior to the effective date of the agreed upon cancellation valuation if the contract includes an additional cancellation fee, as specified.","An act to amend Section 51203 of the Government Code, relating to local government." +604,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 65995 of the Government Code is amended to read: +65995. +(a) Except for a fee, charge, dedication, or other requirement authorized under Section 17620 of the Education Code, or pursuant to Chapter 4.7 (commencing with Section 65970), a fee, charge, dedication, or other requirement for the construction or reconstruction of school facilities shall not be levied or imposed in connection with, or made a condition of, any legislative or adjudicative act, or both, by any state or local agency involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization, as defined in Section 56021 or 56073. +(b) Except as provided in Sections 65995.5 and 65995.7, the amount of any fees, charges, dedications, or other requirements authorized under Section 17620 of the Education Code, or pursuant to Chapter 4.7 (commencing with Section 65970), or both, shall not exceed the following: +(1) In the case of residential construction, including the location, installation, or occupancy of manufactured homes and mobilehomes, one dollar and ninety-three cents ($1.93) per square foot of assessable space. “Assessable space,” for this purpose, means all of the square footage within the perimeter of a residential structure, not including any carport, covered or uncovered walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the city or county issuing the building permit, in accordance with the standard practice of that city or county in calculating structural perimeters. “Manufactured home” and “mobilehome” have the meanings set forth in subdivision (f) of Section 17625 of the Education Code. The application of any fee, charge, dedication, or other form of requirement to the location, installation, or occupancy of manufactured homes and mobilehomes is subject to Section 17625 of the Education Code. +(2) In the case of any commercial or industrial construction, thirty-one cents ($0.31) per square foot of chargeable covered and enclosed space. “Chargeable covered and enclosed space,” for this purpose, means the covered and enclosed space determined to be within the perimeter of a commercial or industrial structure, not including any storage areas incidental to the principal use of the construction, garage, parking structure, unenclosed walkway, or utility or disposal area. The determination of the chargeable covered and enclosed space within the perimeter of a commercial or industrial structure shall be made by the building department of the city or county issuing the building permit, in accordance with the building standards of that city or county. For the determination of chargeable fees to be paid to the appropriate school district in connection with any commercial or industrial construction under the jurisdiction of the Office of Statewide Health Planning and Development, the architect of record shall determine the chargeable covered and enclosed space within the perimeter of a commercial or industrial structure. +(3) The amount of the limits set forth in paragraphs (1) and (2) shall be increased in 2000, and every two years thereafter, according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting, which increase shall be effective as of the date of that meeting. +(c) (1) Notwithstanding any other law, during the term of a contract entered into between a subdivider or builder and a school district, city, county, or city and county, whether general law or chartered, on or before January 1, 1987, that requires the payment of a fee, charge, or dedication for the construction of school facilities as a condition to the approval of residential construction, neither Section 17620 of the Education Code nor this chapter applies to that residential construction. +(2) Notwithstanding any other provision of state or local law, construction that is subject to a contract entered into between a person and a school district, city, county, or city and county, whether general law or chartered, after January 1, 1987, and before the operative date of the act that adds paragraph (3) that requires the payment of a fee, charge, or dedication for the construction of school facilities as a condition to the approval of construction, may not be affected by the act that adds paragraph (3). +(3) Notwithstanding any other provision of state or local law, until January 1, 2000, any construction not subject to a contract as described in paragraph (2) that is carried out on real property for which residential development was made subject to a condition relating to school facilities imposed by a state or local agency in connection with a legislative act approving or authorizing the residential development of that property after January 1, 1987, and before the operative date of the act adding this paragraph, shall be required to comply with that condition. +Notwithstanding any other provision of state or local law, on and after January 1, 2000, any construction not subject to a contract as described in paragraph (2) that is carried out on real property for which residential development was made subject to a condition relating to school facilities imposed by a state or local agency in connection with a legislative act approving or authorizing the residential development of that property after January 1, 1987, and before the operative date of the act adding this paragraph, may not be subject to a fee, charge, dedication, or other requirement exceeding the amount specified in paragraphs (1) and (2) of subdivision (b), or, if a district has increased the limit specified in paragraph (1) of subdivision (b) pursuant to either Section 65995.5 or 65995.7, that increased amount. +(4) Any construction that is not subject to a contract as described in paragraph (2), or to paragraph (3), and that satisfies both of the requirements of this paragraph, may not be subject to any increased fee, charge, dedication, or other requirement authorized by the act that adds this paragraph beyond the amount specified in paragraphs (1) and (2) of subdivision (b). +(A) A tentative map, development permit, or conditional use permit was approved before the operative date of the act that amends this subdivision. +(B) A building permit is issued before January 1, 2000. +(d) For purposes of this chapter, “construction” means new construction and reconstruction of existing building for residential, commercial, or industrial. “Residential, commercial, or industrial construction” does not include any facility used exclusively for religious purposes that is thereby exempt from property taxation under the laws of this state, any facility used exclusively as a private full-time day school as described in Section 48222 of the Education Code, or any facility that is owned and occupied by one or more agencies of federal, state, or local government. In addition, “commercial or industrial construction” includes, but is not limited to, any hotel, inn, motel, tourist home, or other lodging for which the maximum term of occupancy for guests does not exceed 30 days, but does not include any residential hotel, as defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code. +(e) The Legislature finds and declares that the financing of school facilities and the mitigation of the impacts of land use approvals, whether legislative or adjudicative, or both, on the need for school facilities are matters of statewide concern. For this reason, the Legislature hereby occupies the subject matter of requirements related to school facilities levied or imposed in connection with, or made a condition of, any land use approval, whether legislative or adjudicative act, or both, and the mitigation of the impacts of land use approvals, whether legislative or adjudicative, or both, on the need for school facilities, to the exclusion of all other measures, financial or nonfinancial, on the subjects. For purposes of this subdivision, “school facilities” means any school-related consideration relating to a school district’s ability to accommodate enrollment. +(f) Nothing in this section shall be interpreted to limit or prohibit the use of Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 to finance the construction or reconstruction of school facilities. However, the use of Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 may not be required as a condition of approval of any legislative or adjudicative act, or both, if the purpose of the community facilities district is to finance school facilities. +(g) (1) The refusal of a person to agree to undertake or cause to be undertaken an act relating to Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5, including formation of, or annexation to, a community facilities district, voting to levy a special tax, or authorizing another to vote to levy a special tax, may not be a factor when considering the approval of a legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization, as defined in Section 56021 or 56073, if the purpose of the community facilities district is to finance school facilities. +(2) If a person voluntarily elects to establish, or annex into, a community facilities district and levy a special tax approved by landowner vote to finance school facilities, the present value of the special tax specified in the resolution of formation shall be calculated as an amount per square foot of assessable space and that amount shall be a credit against any applicable fee, charge, dedication, or other requirement for the construction or reconstruction of school facilities. For purposes of this paragraph, the calculation of present value shall use the interest rate paid on the United States Treasury’s 30-year bond on the date of the formation of, or annexation to, the community facilities district, as the capitalization rate. +(3) For purposes of subdivisions (f), (h), and (i), and this subdivision, “school facilities” means any school-related consideration relating to a school district’s ability to accommodate enrollment. +(h) The payment or satisfaction of a fee, charge, or other requirement levied or imposed pursuant to Section 17620 of the Education Code in the amount specified in Section 65995 and, if applicable, any amounts specified in Section 65995.5 or 65995.7 are hereby deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization as defined in Section 56021 or 56073, on the provision of adequate school facilities. +(i) A state or local agency may not deny or refuse to approve a legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization as defined in Section 56021 or 56073 on the basis of a person’s refusal to provide school facilities mitigation that exceeds the amounts authorized pursuant to this section or pursuant to Section 65995.5 or 65995.7, as applicable.","Existing law, the Planning and Zoning Law, limits the amount of fees, charges, dedications, or other requirements levied or imposed by state and local agencies on the planning, use, or development of real property for the construction or reconstruction of school facilities based upon assessable space, as defined. In the case of residential construction, existing law defines assessable space to mean all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. +This bill would revise the definition of assessable space to specify that a covered or uncovered walkway is excluded.","An act to amend Section 65995 of the Government Code, relating to land use." +605,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 69800 of the Education Code is amended to read: +69800. +A public, private, or independent postsecondary educational institution, except the California Community Colleges, shall do all of the following: +(a) (1) State both of the following in all printed and online financial aid materials issued or distributed by the institution to applicants for admission or matriculated students and with private loan applications provided or made available by the institution: +(A) Federal student loans are required by law to provide a range of flexible repayment options, including, but not limited to, income-based repayment and income-contingent repayment plans, and loan forgiveness benefits, which other student loans are not required to provide. +(B) Federal direct loans are available to students regardless of income. +(2) The institution may continue to use financial aid materials that are printed before January 1, 2013, if the institution includes an insert with the printed material that provides the information required in paragraph (1). All financial aid materials printed on or after January 1, 2013, shall include the information required in paragraph (1). +(b) Clearly distinguish private loans from federal loans in individual financial aid awards by stating, for any private loans included by the institution as part of the institution’s award package, all of the following: +(1) Whether the rate is fixed or variable. +(2) An explanation that private student loan lenders can offer variable interest rates that can increase or decrease over time, depending on market conditions. +(3) An explanation that private student loans have a range of interest rates and fees and students should determine the interest rate of, and any fees associated with, the private student loan included in their financial aid award package before accepting the loan. +(4) An explanation that students should contact the lender of the private student loan or their postsecondary educational institution’s financial aid office if they have any questions about a private student loan. +(5) An explanation that the interest rate on a private loan may depend on the borrower’s credit rating. +(c) If the institution provides a private loan lender list, it also shall provide general information about the loans available through the lender and disclose the basis for each lender’s inclusion on the list. The institution shall also disclose with the list that the student has the ability to choose any lender. +(d) (1) Make available to the public upon request and in a prominent location on its Internet Web site within 12 months of a completed academic year the following information concerning graduates and student loan debt: +(A) The number of students who started as first-time postsecondary students at the institution and received a certificate, associate’s degree, or bachelor’s degree during that academic year. For purposes of this section, “academic year” means the most recently completed federal award year of July 1 to June 30. +(B) (i) For each type of credential specified in subparagraph (A), the number and percentage of the students identified pursuant to subparagraph (A) who borrowed at any time while enrolled at the institution through any student loan program, including, but not necessarily limited to, institutional loans, state loans, federal Perkins loans, federal Stafford subsidized and unsubsidized loans, and private loans that were certified by the institution, including both federal direct student loans and federal family education loans. +(ii) The total principal borrowed for each type of credential in those loans described in clause (i). +(C) (i) For each type of credential specified in subparagraph (A), the number and percentage of the students identified pursuant to subparagraph (A) who borrowed at any time while enrolled at the institution through a federal student loan program, including, but not necessarily limited to, federal Perkins loans, federal Stafford subsidized and unsubsidized loans, federal direct student loans, and federal family education loans, but excluding institutional loans, state loans, and private loans. +(ii) The total principal borrowed for each type of credential in those loans described in clause (i). +(D) The average cumulative principal borrowed by those students counted for purposes of the calculations required by subparagraphs (B) and (C) by credential type, calculated by dividing the sum identified in clause (ii) of each of those subparagraphs for each type of credential by the number of that type of credential issued for students receiving the loans described in the respective subparagraph. +(2) For purposes of this subdivision, “loans” shall include cosigned loans that financed a student’s own enrollment or attendance, but shall not include parental loans. +SEC. 2. +Section 69800.2 is added to the Education Code, to read: +69800.2. +(a) Before certifying a borrower’s eligibility for a private student loan, a public, private, or independent postsecondary educational institution shall provide to the student information concerning all unused state and federal financial assistance, including unused federal student loan moneys available to that student. +(b) An institution that does not participate in federal student loan programs shall inform students that the institution does not participate in federal loan programs and that students may be eligible for federal loans at a participating institution. The institution shall provide the student with information regarding the Cal Grants Web link on the California Student Aid Commission’s Web site and the Federal Student Aid Web link on the United States Department of Education’s Web site. +SEC. 3. +Section 69800.5 of the Education Code is amended to read: +69800.5. +The California Community Colleges may, and are requested to, comply with the provisions of Section 69800.","Existing law requires a public, private, or independent postsecondary educational institution, except the California Community Colleges, to make specified disclosures related to private student loans in financial aid material and private loan applications provided or made available by the institution, to distinguish private loans from federal loans in individual financial aid awards, and, if the institution provides a private loan lender list, to provide general information about the loans available through the lender and disclose the basis for each lender’s inclusion on the list. +This bill would require the public, private, or independent institution, except the California Community Colleges, to make available to the public upon request and in a prominent location on its Internet Web site within 12 months of a completed academic year, as defined, specified student loan debt statistics on graduates. The bill would require all public, private, and independent postsecondary institutions to provide students information concerning unused state and federal financial assistance including unused federal student loan moneys available to them before certifying their eligibility for private student loans and, if the institution does not participate in federal student loan programs, to inform students that they may be eligible for federal student loans at participating institutions and provide them information regarding Cal Grants and federal student aid. The bill would make nonsubstantive and conforming changes.","An act to amend Sections 69800 and 69800.5 of, and to add Section 69800.2 to, the Education Code, relating to student financial aid." +606,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 50833 of the Health and Safety Code is amended to read: +50833. +(a) The department shall determine and announce in the applicable NOFA the percentage of the total amount of the State Block Grant Program funds set aside for economic development that shall be allocated to make economic development planning and technical assistance grants to eligible small cities or counties for business attraction, retention, and expansion programs for the development of local economic development strategies, predevelopment grant feasibility studies, and downtown revitalization programs. Eligible small cities or counties may contract with public agencies or nonprofit economic development corporations and other eligible subgrantees or for-profit corporations or entities to provide these services. Each applicant shall be required to provide a cash match of up to 25 percent of the total amount requested. A technical assistance grant received under this set-aside is in addition to the city or county ceiling, under Section 50832, or its ability to apply under the economic development or general program set-asides. The department shall determine and announce in the applicable NOFA the maximum per year grant amount. Each applicant shall not receive more than two grants per year and shall be eligible to apply each year, although no applicant shall receive grants in excess of the maximum amount determined by the department and announced in the applicable NOFA in any one year. Funds not applied for or allocated under this section may be used for other economic development purposes under Sections 50832 and 50832.1. +(b) The department shall determine and announce in the applicable NOFA the percentage of the total amount of the State Block Grant Program funds not used for economic development that shall be set aside to make technical assistance grants to eligible small cities or counties for purposes including, but not limited to: inventory of housing needing rehabilitation in the district, income surveys of area residents, and any general studies of housing needs in the district. Each applicant shall be required to provide a cash match of up to 25 percent of the total amount requested. A technical assistance grant received under this set-aside is in addition to the city or county ceiling or its ability to apply under the economic development or general program set-asides. Unexpended funds allocated under this section shall revert to the general program, but not to the economic development set-aside. The department shall determine and announce in the applicable NOFA the maximum grant amount per application. Each applicant shall not receive more than two grants per year and shall be eligible to apply each year, although no applicant shall receive grants in excess of the maximum amount determined by the department and announced in the applicable NOFA in any one year. +(c) If, under federal law, the economic development planning and technical assistance grants and the general allocation planning and assistance grants are considered to be administrative expenditures, the department may reduce the percentages of the set-asides by up to the amount necessary to remain within the allowable limits for administrative expenditures. +(d) Two or more jurisdictions may pool their funds and make a joint application for the same project. +(e) General administrative activity planning studies shall not be counted against allocations under this section. +(f) The department may issue a NOFA under which the director may determine that an applicant with one or more current Community Development Block Grant agreements signed in 2012 or later, for which the expenditure deadline established in the grant agreement or agreements has not yet passed, is eligible to apply for and receive an award of, funds pursuant to this chapter, without regard to whether the applicant has expended at least 50 percent of Community Development Block Grant Funds awarded in 2012 or thereafter. For any applicant that is so determined, the director shall include in the application file a written confirmation of eligibility and any award of funds. An application made pursuant to the director’s determination under this section may be evaluated solely on the basis of eligibility, need, benefit, or readiness, without regard to any specific rating criteria provided by Section 7078 of the California Code of Regulations. The awarding of funds to an applicant pursuant to the director’s determination under this section does not exempt those funds from consideration under any expenditure requirement under law. +SEC. 2. +Section 51335 of the Health and Safety Code is amended to read: +51335. +(a) (1) Not less than 20 percent of the total number of units in a multifamily rental housing development financed, or for which financing has been extended or committed, pursuant to this chapter shall be for occupancy on a priority basis by lower income households. If a multifamily rental housing development is located within a targeted area, as described by Section 143(j) of Title 26 of the United States Code, not less than 15 percent of the total number of units financed, or for which financing has been extended or committed pursuant to this chapter, shall be for occupancy on a priority basis by lower income households. Not less than one-half of the units required for occupancy on a priority basis by lower income households shall be for occupancy on a priority basis for very low income households. However, with approval of the board, the agency may waive the priority requirements for very low income households in designated geographic areas of the state upon a determination that the housing needs of a substantial number of lower income households will not otherwise be met. +The rental payments on the units required for occupancy by very low income households paid by the persons occupying the units (excluding any supplemental rental assistance from the state, the federal government, or any other public agency to those persons or on behalf of those units) shall not exceed 30 percent of 50 percent of area median income. If the sponsor elects to establish a base rent for all or part of the units for lower income households and very low income households, the base rents shall be adjusted for household size. In adjusting rents for household size, the agency shall either assume that one person will occupy a studio unit, two persons will occupy a one-bedroom unit, three persons will occupy a two-bedroom unit, four persons will occupy a three-bedroom unit, and five persons will occupy a four-bedroom unit, or commencing September 1, 2016, utilize occupancy assumptions that it determines to be appropriate and commercially reasonable for financing extended pursuant to this chapter. +(2) The local agency issuing permits for the development of the multifamily rental housing development shall consider opportunities to contribute to the economic feasibility of the units and to the provision of units for very low income households through concessions and inducements such as the following: +(A) Reductions in construction and design requirements. +(B) Reductions in setback and square footage requirements and the ratio of vehicular parking spaces that would otherwise be required. +(C) Granting density bonuses. +(D) Providing expedited processing of permits. +(E) Modifying zoning code requirements to allow mixed use zoning. +(F) Reducing or eliminating fees and charges for filing and processing applications, petitions, permits, planning services, water and sewer connections, and other fees and charges. +(G) Reducing or eliminating requirements relating to monetary exactions, dedications, reservations of land, or construction of public facilities. +(H) Other financial incentives or concessions for the multifamily rental housing development which result in identifiable cost reductions, as determined by the agency. The agency shall ensure that the local agency issuing permits for the development considers its responsibilities under this section and makes a good faith effort to enhance the feasibility of the project and to provide housing for lower income households and very low income households. +(3) The agency shall not permit a selection criteria to be applied to certificate holders under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) that is any more burdensome than the criteria applied to all other prospective tenants. +(4) It is the intent of the Legislature that the agency finance projects that assist in meeting the urgent need for providing shelter for lower income households, very low income households, and persons and families of low or moderate income. To that end, the quality of materials and the amenities provided should not be excessive so as to hinder the prospect of achieving the stated goal. The Legislature finds and declares that the design standards utilized by the agency in the past including, but not limited to, the design requirements adopted to govern the new construction program under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), are substantially in excess of those required for a decent, healthy, and safe residential unit and intends, by the amendment adding this paragraph to this section by the Statutes of 1985, that the agency finance multifamily rental developments with substantially less costly design requirements than those required by the agency prior to January 1, 1986. +(5) It is the intent of the Legislature that the agency finance projects that assist in meeting the urgent need for providing shelter for families. To that end, developments with three- and four-bedroom units affordable to larger families shall have priority over competing developments. +(b) As a condition of financing pursuant to this chapter, the housing sponsor shall enter into a regulatory agreement with the agency providing that units reserved for occupancy by lower income households remain available on a priority basis for occupancy until the bonds are retired. The regulatory agreement shall contain a provision making the covenants and conditions of the agreement binding upon successors in interest of the housing sponsor and, notwithstanding any other provision of law, these burdens of the regulatory agreement shall run with the land. The regulatory agreement shall be recorded in the office of the county recorder of the county in which the multifamily rental housing development is located. The regulatory agreement shall be recorded in the grantor-grantee index to the name of the property owner as grantor and to the name of the agency as grantee. +(c) The agency shall ensure that units occupied by lower income households are of comparable quality and offer a range of sizes and number of bedrooms comparable to those units which are available to other tenants. +(d) (1) The agency shall give priority to processing construction loans and mortgage loans or may take other steps such as reducing loan fees for multifamily rental housing developments which incorporate innovative and energy-efficient techniques which reduce development or operating costs and which have the lowest feasible per unit cost, as determined by the agency, based on efficiency of design, the elimination of improvements that are not required by applicable building standards, or a reduction in the amount of local fees imposed on the development. +(2) The agency shall give equal priority to processing construction loans and mortgage loans or may take other steps such as reducing loan fees on multifamily rental housing developments which do any of the following: +(A) Utilize federal housing or development assistance. +(B) Utilize redevelopment funds or other local financial assistance, including, but not limited to, contributions of land, or for which local fees have been reduced. +(C) Are sponsored by a nonprofit housing organization. +(D) Provide a significant number of housing units, as determined by the agency, as part of a coordinated jobs and housing plan adopted by a local government. +(E) Exceed a ratio whereby 20 percent of the units are reserved for occupancy by lower income households, or whereby 10 percent of the units are reserved for occupancy by very low income households, or which provide units for lower income households or very low income households for the longest period of time beyond the minimum number of years. +(e) (1) New and existing rental housing developments may be syndicated after prior written approval of the agency. The agency shall grant that approval only after the agency determines that the terms and conditions of the syndication comply with this section. +(2) The terms and conditions of the syndication shall not reduce or limit any of the requirements of this chapter or regulations adopted or documents executed pursuant to this chapter. No requirements of the state shall be subordinated to the syndication agreement. A syndication shall not result in the provision of fewer assisted units, or the reduction of any benefits or services, than were in existence prior to the syndication agreement. +SEC. 3. +Section 51340 of the Health and Safety Code is amended to read: +51340. +This chapter constitutes an alternative method to finance construction loans and mortgage loans for multifamily rental housing pursuant to the provisions of this chapter. +SEC. 4. +Nothing in this act shall be interpreted to modify the terms of any regulatory agreement recorded on or before August 31, 2016, including, but not limited to, terms that incorporate Section 51335 of the Health and Safety Code by reference. +SEC. 5. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +The lack of availability of affordable housing is of vital statewide importance and must be addressed as quickly as possible, and therefore this act must take immediate effect.","(1) Existing law requires the Department of Housing and Community Development to allocate funds under the federal Community Development Block Grant Program to cities and counties. Existing law requires the department to determine and announce, in the applicable Notice of Funding Availability, the maximum amount of grant funds that may be used for economic development projects and programs, housing for persons and families of low or moderate income or for purposes directly related to the provision or improvement of housing opportunities for these persons and families, and for cities and counties that apply on behalf of certain Indian tribes. Existing law requires the department to develop and use certain eligibility criteria and requirements for certain economic development fund applications. +This bill would authorize the Department of Housing and Community Development to issue a Notice of Funding Availability under which the director of the department could determine that an applicant previously awarded funds is eligible to apply for, and receive, additional funds pursuant to the Community Development Block Grant Program, without regard to whether the applicant has expended at least a certain percentage of funds previously awarded. +(2) Existing law authorizes the Housing Finance Agency to issue revenue bonds for the purpose of financing the acquisition, construction, rehabilitation, refinancing, or development of multifamily rental housing and for the provision of capital improvements in connection with, and determined necessary to, that multifamily rental housing. Existing law requires no less than 20%, or 15% for those multifamily rental housing developments located in a target area, as defined, of the total number of units in a multifamily rental housing development, financed or for which financing has been extended or committed from the proceeds of sale of each bond issuance of the agency, to be for occupancy on a priority basis by lower income households. Existing law further requires that not less than +1/2 +of the units required for occupancy on a priority basis by lower income households be for occupancy on a priority basis for very low income households. +This bill would authorize the agency to waive the priority requirements for very low income households upon approval of the board and a specified determination. +Existing law prohibits rental payments on units required for occupancy by very low income households paid by persons occupying the units from exceeding 30% of 50% of the area median income, and sets forth occupancy assumptions for adjusting rents for household size, as specified. +This bill would, commencing September 1, 2016, authorize the agency to also utilize occupancy assumptions that it has determined are appropriate and commercially reasonable for financing extended pursuant to these provisions. +Existing law provides that the authorization to issue revenue bonds for these purposes constitutes an alternative method to issue bonds for making construction loans and mortgage loans for multifamily rental housing. +This bill would instead provide that the authorization to issue revenue bonds for these purposes constitutes an alternative method to finance construction loans and mortgage loans for multifamily rental housing. +(3) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 50833, 51335, and 51340 of the Health and Safety Code, relating to housing, and declaring the urgency thereof, to take effect immediately." +607,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 13529.6 is added to the Water Code, to read: +13529.6. +On or before December 31, 2016, the state board, in consultation with stakeholders, shall adopt a policy to address the potential for a storm-induced overflow from an impoundment in which recycled water is stored for subsequent beneficial use or aesthetic purposes. This policy shall be developed to maximize the use of available recycled water storage capacity and the potential for recycled water to be used in impoundments designed for aesthetic purposes. In developing this policy, the state board shall consider all of the following: +(a) The need for long- and short-term water supply availability. +(b) Efficient use of water resources. +(c) The need for storage of recycled water to optimize the uses contemplated in this chapter, including uses that vary seasonally. +(d) Protection of long- and short-term economic opportunities. +(e) Human health. +(f) Property protection. +(g) Environmental protection. +(h) Water conservation. +SECTION 1. +Section 13050 of the Water Code is amended to read: +13050. +As used in this division: +(a)“State board” means the State Water Resources Control Board. +(b)“Regional board” means any California regional water quality control board for a region as specified in Section 13200. +(c)“Person” includes any city, county, district, the state, and the United States, to the extent authorized by federal law. +(d)“Waste” includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. +(e)“Waters of the state” means any surface water or groundwater, including saline waters, within the boundaries of the state. +(f)“Beneficial uses” of the waters of the state that may be protected against quality degradation include, but are not limited to, domestic, municipal, agricultural and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves. +(g)“Quality of the water” refers to chemical, physical, biological, bacteriological, radiological, and other properties and characteristics of water that affect its use. +(h)“Water quality objectives” means the limits or levels of water quality constituents or characteristics that are established for the reasonable protection of beneficial uses of water or the prevention of nuisance within a specific area. +(i)“Water quality control” means the regulation of any activity or factor that may affect the quality of the waters of the state and includes the prevention and correction of water pollution and nuisance. +(j)“Water quality control plan” consists of a designation or establishment for the waters within a specified area of all of the following: +(1)Beneficial uses to be protected. +(2)Water quality objectives. +(3)A program of implementation needed for achieving water quality objectives. +(k)“Contamination” means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected. +(l)(1)“Pollution” means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects either of the following: +(A)The waters for beneficial uses. +(B)Facilities that serve these beneficial uses. +(2)“Pollution” may include “contamination.” +(m)“Nuisance” means anything that meets all of the following requirements: +(1)Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. +(2)Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. +(3)Occurs during, or as a result of, the treatment or disposal of wastes. +(n)“Recycled water” means water that, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefor considered a valuable resource. +(o)“Citizen or domiciliary” of the state includes a foreign corporation having substantial business contacts in the state or that is subject to service of process in this state. +(p)(1)“Hazardous substance” means either of the following: +(A)For discharge to surface waters, any substance determined to be a hazardous substance pursuant to Section 311(b)(2) of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.). +(B)For discharge to groundwater, any substance listed as a hazardous waste or hazardous material pursuant to Section 25140 of the Health and Safety Code, without regard to whether the substance is intended to be used, reused, or discarded, except that “hazardous substance” does not include any substance excluded from Section 311(b)(2) of the Federal Water Pollution Control Act because it is within the scope of Section 311(a)(1) of that act. +(2)“Hazardous substance” does not include any of the following: +(A)Nontoxic, nonflammable, and noncorrosive stormwater runoff drained from underground vaults, chambers, or manholes into gutters or storm sewers. +(B)Any pesticide that is applied for agricultural purposes or is applied in accordance with a cooperative agreement authorized by Section 116180 of the Health and Safety Code, and is not discharged accidentally or for purposes of disposal, the application of which is in compliance with all applicable state and federal laws and regulations. +(C)Any discharge to surface water of a quantity less than a reportable quantity as determined by regulations issued pursuant to Section 311(b)(4) of the Federal Water Pollution Control Act. +(D)Any discharge to land that results, or probably will result, in a discharge to groundwater if the amount of the discharge to land is less than a reportable quantity, as determined by regulations adopted pursuant to Section 13271, for substances listed as hazardous pursuant to Section 25140 of the Health and Safety Code. No discharge shall be deemed a discharge of a reportable quantity until regulations set a reportable quantity for the substance discharged. +(q)(1)“Mining waste” means all solid, semisolid, and liquid waste materials from the extraction, beneficiation, and processing of ores and minerals. Mining waste includes, but is not limited to, soil, waste rock, and overburden, as defined in Section 2732 of the Public Resources Code, and tailings, slag, and other processed waste materials, including cementitious materials that are managed at the cement manufacturing facility where the materials were generated. +(2)For the purposes of this subdivision, “cementitious material” means cement, cement kiln dust, clinker, and clinker dust. +(r)“Master recycling permit” means a permit issued to a supplier or a distributor, or both, of recycled water, that includes waste discharge requirements prescribed pursuant to Section 13263 and water recycling requirements prescribed pursuant to Section 13523.1.","Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the federal Clean Water Act and the Porter-Cologne Water Quality Control +Act (state act). The state act defines various terms for purposes of the act. +Act. Existing law requires any person who causes or permits an unauthorized discharge of a specified amount of recycled water in any waters of the state or where the recycled water is, or probably will be, discharged in or on any waters of the state, to notify the appropriate regional board, as prescribed. +This bill would make various nonsubstantive changes to these definitions. +This bill, on or before December 31, 2016, would require the state board, in consultation with stakeholders, to adopt a policy to address the potential for a storm-induced overflow from an impoundment in which recycled water is stored for subsequent beneficial use or aesthetic purposes.","An act to +amend Section 13050 of +add Section 13529.6 to +the Water Code, relating to water quality." +608,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature that this act shall not affect any existing responsibility of the state or the San Diego Unified Port District for any pollution or contamination that may exist in the territory granted to the district pursuant to this act, at the time of the grant +. +SEC. 2. +Section 5.7 is added to the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962), to read: +Sec. 5.7. +(a) There is hereby granted in trust to the district all the right, title, and interest of the State of California, held by the state by virtue of its sovereignty, in and to all those remaining tidelands and submerged lands not previously granted, whether filled or unfilled, within the San Diego Bay. +(b) The district shall own, operate, and manage the public trust lands granted pursuant to subdivision (a) in accordance with the same terms, trusts, and conditions as the tide and submerged lands otherwise granted under this act. +(c) (1) (A) (i) By June 30, 2017, the district shall transfer to the State Lands Commission the initial sum of two hundred thirty-four thousand five hundred thirty-eight dollars ($234,538) from the revenues generated on the lands granted pursuant to subdivision (a). This initial amount is based on the estimated gross annual revenues generated, as of June 30, 2017, from the lands granted pursuant to subdivision (a). +(ii) By June 30, 2018, and at the end of each fiscal year thereafter, the initial sum required to be transferred pursuant to clause (i) shall be adjusted according to the change in the Consumer Price Index, and that adjusted amount shall be transferred to the State Lands Commission. +(B) If the gross annual revenues generated by the lands granted pursuant to subdivision (a) exceed the amount required to be transferred to the commission pursuant to subparagraph (A), the district shall, in addition, transfer to the State Lands Commission 20 percent of the total amount of the excess annual gross revenues. +(C) Notwithstanding subparagraph (B), the State Lands Commission may, at its discretion and at a properly noticed public meeting, enter into different revenue sharing agreements, upon proposal by the district, if it finds that the agreement will provide a significant benefit to the public trust and is in the best interests of the state. +(2) Upon receipt of the moneys pursuant to paragraph (1), the State Lands Commission shall allocate 80 percent to the Treasurer for deposit in the General Fund, and 20 percent to the Treasurer for deposit in the Land Bank Fund for expenditure, pursuant to Division 7 (commencing with Section 8600) of the Public Resources Code, for management of the commission’s granted lands program. +(d) On or before July 1, 2019, the State Lands Commission shall survey, monument, plat, and record or file with the Office of the County Recorder of the County of San Diego the area of tidelands and submerged lands granted to the district pursuant to subdivision (a). The district shall reimburse the State Lands Commission for its surveying expenses and shall pay all costs of the survey and recordation. +(e) The requirements of Section 6359 of the Public Resources Code do not apply to the trust lands granted pursuant to this section. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. +SECTION 1. +Section 5.5 of the +San Diego Unified Port District Act +(Chapter 67 of the Statutes of 1962, First Extraordinary Session), is amended to read: +SEC. 5.5. +(a)There is hereby granted and conveyed in trust to the San Diego Unified Port District in the County of San Diego all the right, title, and interest of the State of California, except as hereafter reserved and upon those conditions that are specified in subdivision (c), acquired and held by the state pursuant to an agreement and deeds identified as Documents Number 1999 0845732, 1999 0845736, and 1999 0845737, recorded December 30, 1999, Official Records, San Diego County, and that are further described as follows: +(1)Parcel No. 1, which consists of that portion of the southwest quarter of the southwest quarter of quarter Section 163 and that portion of the northwest quarter of the northwest quarter of quarter Section 164 of Rancho De La Nacion in the City of Chula Vista, County of San Diego, State of California, according to map thereof no. 166 filed in the Office of the County Recorder of San Diego County May 11, 1869, and all of lots 7, 8, 9, 10, and 11 and those portions of lots 1, 2, 3, 4, 5, 6, 12, 13, 14, and 15 in block “B” of resubdivision of Bay Villa Tract, according to map thereof no. 1198, filed in the Office of the County Recorder of San Diego County August 6, 1909. Together with those portions of Walnut Street adjoining said block “B” on the west and the alley lying within said block “B” and that portion of “I” Street lying within said quarter Sections 163 and 164 as vacated and closed to public use by resolution of the City Council of the City of Chula Vista recorded August 12, 1971, as file no. 179188 of official records described as a whole as follows: +Beginning at a point on the southerly line of said quarter Section 163, distance thereon 20.00 feet easterly from the southwest corner thereof; thence north 17°46´58ȳ west on a line 20.00 feet easterly from and parallel with the westerly line of said quarter Section 163, a distance of 1282.11 feet to a point on the southerly line of “H” Street as shown on said map no. 1198; thence along said southerly line north 72°12´15ȳ east 19.89 feet to a point on the westerly line of that land conveyed to the State of California (Caltrans) by deed recorded August 1, 1968, as file no. 130106 of official records; thence along the westerly boundary of said Caltrans land the following seven courses: (1) south 17°48´37ȳ east 5.95 feet; (2) north 74°58´17ȳ east 188.10 feet to the beginning of a tangent 45.00 foot radius curve concave southwesterly; (3) southeasterly along the arc of said curve through a central angle of 73°18´01ȳ a distance of 57.57 feet; (4) tangent to said curve south 31°43´55ȳ east 181.34 feet; (5) south 26°51´03ȳ east 342.59 feet to the beginning of a tangent 1669.99 foot radius curve concave westerly; (6) southerly along the arc of said curve through a central angle of 14°20´28ȳ a distance of 418.00 feet; and (7) south 12°30´35ȳ east 303.54 feet to the centerline of “I” Street as closed and vacated; thence along said centerline south 72°15´16ȳ west 332.90 feet to the point of beginning. +(2)Parcel No. 2, which consists of those portions of fractional quarter Section 170 and 171 of the Rancho De La Nacion in the City of Chula Vista, in the County of San Diego, State of California, according to map thereof by Morrill, filed as map no. 166 filed in the Office of the County Recorder of San Diego County, bounded and described, as follows: +Commencing at the Northeast corner of said fractional quarter Section 171; thence south 17°54´28ȳ east along the easterly line of said fractional quarter section, 1270.95 feet to a point on a line nine feet parallel to and northerly of the westerly prolongation of the northerly line of “H” Street as said street is shown on the map of Bay Villa Tract, according to map thereof no. 1198, on file in the Office of the County Recorder of San Diego County; thence south 72°12´00ȳ west along said parallel line, a distance of 170.00 feet to the true point of beginning of this description; thence parallel with and distant 170.00 feet westerly from the easterly line of said fractional quarter sections, the following three courses and distances: (1) south 17°54´28ȳ east 49.14 feet; (2) south 17°47´12ȳ east 1321.96 feet; and (3) south 17°50´01ȳ east 1283.10 feet to a point in the westerly prolongation of the northerly line of “J” Street, as shown on record of survey no. 917 on file in the Office of the County Recorder of San Diego County; thence along said westerly prolongation south 72°04´39ȳ west 593.24 feet to a point on the ordinary high water mark of San Diego Bay, as said ordinary high water mark was fixed and established by that agreement recorded June 22, 1953, in book 4897, page 408, of official records, San Diego County and as shown on miscellaneous map no. 217 on file in the Office of the County Recorder of San Diego County; thence along said ordinary high water mark the following eight courses and distances: (1) north 07°04´12ȳ west 491.51 feet to station 117; (2) north 04°01´57ȳ west 568.80 feet to station 116; (3) north 14°12´27ȳ west 489.77 feet to station 115; (4) north 22°26´52ȳ west 184.97 feet to station 114; (5) north 57°45´31ȳ west 230.80 feet to station 113; (6) north 20°56´53ȳ west 453.58 feet to station 112; (7) north 24°18´00ȳ west 233.28 feet to station 111; and (8) north 30°20´10ȳ west 87.43 feet to a point on a line nine feet parallel to and northerly of the westerly prolongation of the northerly line of “H” Street as described; thence along said parallel line north 72°12´00ȳ east 568.65 feet to the true point of beginning. +(b)The lease of the lands that are described in subdivision (a), designated No. PRC 8121, from the State Lands Commission to the district shall terminate on January 1, 2001. +(c)The district shall own, operate, and manage the public trust lands described in subdivision (a) in accordance with the same terms, trusts, and conditions as the tide and submerged lands granted to it and held pursuant to Chapter 67 of the Statutes of 1962 of the First Extraordinary Session, as amended.","Existing +(1) Existing +law authorizes the establishment of the San Diego Unified Port District for the acquisition, construction, maintenance, operation, development, and regulation of harbor works and improvements for the harbor of San Diego and for the promotion of commerce, navigation, fisheries, and recreation. Existing law specifies the territory to be included in the district and grants and conveys in trust to the San Diego Unified Port District in the County of San Diego all the right, title, and interest of the State of California acquired by the state pursuant to specified deeds. +Existing law requires the State Lands Commission to manage specified public lands in the state, including tidelands and submerged lands. Existing law further establishes the Land Bank Fund in the State Treasury, and continuously appropriates moneys in the fund to the commission for expenditure for specified purposes related to land management, the preservation of open space, habitat for plants and animals, and public access. +This bill would +make nonsubstantive changes in those provisions pertaining to the territory held in trust by the San Diego Unified Port District. +grant in trust to the district certain additional tidelands and submerged lands held by the state within the San Diego Bay, subject to certain terms and conditions, as prescribed. The bill would require the district, by June 30, 2017, and at the end of every fiscal year thereafter, to transfer to the State Lands Commission specified amounts of the revenues generated on those granted tidelands and submerged lands, and would require the commission to allocate those revenues to the Treasurer for deposit in the General Fund and the Land Bank Fund for management of the commission’s granted lands program. By authorizing the deposit of additional moneys into a continuously appropriated fund, the bill would make an appropriation. The bill would require the commission, on or before July 1, 2019, to survey, monument, plat, and record or file with the Office of the County Recorder of the County of San Diego the area of tidelands and submerged lands granted pursuant to the bill. By imposing new duties on the district with regard to the management of, and accounting and transfer of funds from, those granted lands, the bill would impose a state-mandated local program. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to +amend Section 5.5 of +add Section 5.7 to +the San Diego Unified Port District Act (Chapter 67 of +the First Extraordinary Session of +the Statutes of +1962, First Extraordinary Session), +1962), +relating to the San Diego Unified Port +District. +District, and making an appropriation therefor." +609,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 20751 of the Food and Agricultural Code is amended to read: +20751. +The fee for each application for recording a brand is seventy dollars ($70). +SEC. 2. +Section 20754 of the Food and Agricultural Code is amended to read: +20754. +Except as otherwise provided in Section 20755, the owner of a brand shall, on or before April 30 after its recordation, pay to the bureau a biennial period renewal fee of seventy dollars ($70) for the right to continue to use the brand. +SEC. 3. +Section 20755 of the Food and Agricultural Code is amended to read: +20755. +The owner of a recorded brand may, on or before April 30 of any year, pay in advance to the bureau a sum that is a multiple of seventy dollars ($70). The payment entitles him or her to use the brand for a minimum of two years, but not to exceed 10 years, at the rate of thirty-five dollars ($35) per year on and after April 1 of that year. If the advance payment is made, biennial renewals for the years within the period for which advance payment has been made are not required. +SEC. 4. +Section 20756 of the Food and Agricultural Code is amended to read: +20756. +If the right to use a brand is suspended for failure to pay the renewal fee, it may be reinstated within one year from the date of suspension upon the payment of the biennial renewal fee of seventy dollars ($70) plus a twenty-five dollar ($25) penalty fee. +SEC. 5. +Section 20757 of the Food and Agricultural Code is amended to read: +20757. +(a) Except as provided in subdivision (b), the fee for rerecording a forfeited or canceled brand shall be one hundred forty dollars ($140). This amount shall accompany the application to rerecord. +(b) When a penalty has been paid pursuant to Section 20222, within 30 days of the date the application to rerecord is received by the secretary, the fee to rerecord shall be seventy dollars ($70). +SEC. 6. +Section 20758 of the Food and Agricultural Code is amended to read: +20758. +The fee for recording the transfer of a brand, including a new certificate, is seventy dollars ($70). +SEC. 7. +Section 21060.4 is added to the Food and Agricultural Code, to read: +21060.4. +(a) Inspection is not required in cases where cattle are sold or ownership is transferred under all of the following circumstances: +(1) The individual or entity with a controlling interest in the cattle remains unchanged. +(2) The cattle will not be moved out of state or out of a modified point-of-origin inspection area. +(3) The cattle are associated with either a registered brand or dairy exemption number. +(b) All persons who have ownership in the cattle, including both the transferor and the transferee, shall, within 30 days of ownership transfer, self-certify, under penalty of perjury, to the department as to their ownership in the cattle on a form prescribed by the department. +(c) The department may charge a fee to cover the reasonable costs of processing the form identified in subdivision (b), but the fee shall not exceed fifty dollars ($50) or the department’s actual costs of conducting these activities. +(d) An owner of cattle that is otherwise exempt from inspection pursuant to this section may elect to have that cattle inspected pursuant to Section 21051. +(e) A violation of this section shall be subject to the penalties described in Section 21051.3. +SEC. 8. +Section 21283 of the Food and Agricultural Code is amended to read: +21283. +(a) Unless otherwise provided in this article, inspection fees shall be paid at the point of inspection. +(b) The fee for inspection is one dollar and twenty-five cents ($1.25) for each animal that is inspected, except as follows: +(1) The fee for inspection at a registered feedlot, as defined in Section 20015, is sixty-four cents ($0.64) for each animal that is inspected. +(2) The fee for inspecting an animal that originated in another state and was shipped into this state for feeding direct to a registered feedlot is forty-three cents ($0.43) for each animal that is inspected. +(3) The fee for inspecting an animal that was inspected at a posted stockyard, or posted saleyard, in this state, and shipped direct to a registered feedlot, is forty-three cents ($0.43) for each animal that is inspected. +SEC. 9. +Section 21283.5 of the Food and Agricultural Code is amended to read: +21283.5. +Except as otherwise provided in this article, on all private treaty transaction inspections, as defined in Section 20026, regardless of destination, the fee of one dollar and twenty-five cents ($1.25) shall be paid at the point of inspection for each animal that is inspected. +SEC. 10. +Section 21285 of the Food and Agricultural Code is amended to read: +21285. +The fee is one dollar and twenty-five cents ($1.25) for the inspection before sale of each animal at a public saleyard that is posted by the Secretary of Agriculture of the United States or at a public saleyard if the animal originated in another state and it was shipped to this state, consigned to that public stockyard or public saleyard. +SEC. 11. +Section 21288 of the Food and Agricultural Code is amended to read: +21288. +In a modified point-of-origin inspection area, as provided in Section 21111, the fee for the inspection of cattle, other than suckling calves that are accompanying their mothers, is one dollar and twenty-five cents ($1.25) per head if the cattle are transported out of the area for purposes other than sale or slaughter and no change of ownership is involved. +SEC. 12. +Section 21288.5 of the Food and Agricultural Code is amended to read: +21288.5. +For cattle, other than suckling calves accompanying their mothers, transported out of the state for purposes other than sale or slaughter and where no change of ownership is involved, the inspection fee is one dollar and twenty-five cents ($1.25) per head. +SEC. 13. +Section 21563 of the Food and Agricultural Code is amended to read: +21563. +Except as otherwise provided in this article, the fee shall be paid at the point of inspection and is one dollar and seventy cents ($1.70) for each carcass or hide that is inspected. +SEC. 14. +Section 21563.5 of the Food and Agricultural Code is amended to read: +21563.5. +The fee for the inspection of each carcass or hide shall be one dollar and seventy cents ($1.70) for each carcass and hide originating in those counties or geographical areas where a point-of-origin inspection is maintained pursuant to Article 4 (commencing with Section 21141) of Chapter 6. +SEC. 15. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law establishes a system for the recordation of cattle brands and establishes various fees in connection with the recordation and the use of a brand, as specified. Existing law also establishes various inspection fees per cattle, as specified. Existing law requires these fees to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund. +This bill would increase the inspection fees and other various fees in connection with the recordation and use of cattle brands. By increasing the amount of fees deposited in a continuously appropriated fund, this bill would make an appropriation. +(2) Existing law requires cattle to be inspected before being moved or transported under certain circumstances, including whenever cattle are sold. +This bill would exempt cattle that are being sold or whose ownership is being transferred from these inspection provisions if the individual or entity with a controlling interest in the cattle remains unchanged, if the cattle will not be moved out of state or out of a modified point-of-origin inspection area, and if the cattle are associated with either a registered brand or dairy exemption number. The bill would require, within 30 days of ownership transfer, all persons who have ownership in the cattle, including both the transferor and the transferee, to self-certify, under penalty of perjury, to the Department of Food and Agriculture as to their ownership in the cattle on a form prescribed by the department. By creating a new crime, this bill would impose a state-mandated local program. The bill would authorize the department to charge a fee to cover the reasonable costs of processing the form but would prohibit the fee from exceeding $50 or the department’s actual costs of conducting these activities. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 20751, 20754, 20755, 20756, 20757, 20758, 21283, 21283.5, 21285, 21288, 21288.5, 21563, and 21563.5 of, and to add Section 21060.4 to, the Food and Agricultural Code, relating to livestock, and making an appropriation therefor." +610,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 102025 of the Public Utilities Code is amended to read: +102025. +“Member entity” means a city or county that is within the boundaries of the district as defined in Section 102052.5. +SEC. 2. +Section 102052.5 of the Public Utilities Code is repealed. +SEC. 3. +Section 102052.5 is added to the Public Utilities Code, to read: +102052.5. +(a) The boundaries of the district shall include (1) the City of Sacramento and the City of Rancho Cordova; (2) the unincorporated territory of the County of Sacramento that is within the urban service area, as determined by the Board of Supervisors, and not otherwise divided from the rest of the unincorporated territory that is within the urban service area by an incorporated city not previously described in this subdivision; (3) a city or county listed in Section 102051 that has annexed to the district pursuant to the process specified in Section 102055; and (4) a city incorporated on or after January 1, 2016, which city consists entirely of territory that was included in the district prior to the city’s incorporation. +(b) (1) The boundaries of the district shall not be affected by the incorporation of any territory wholly or partly within the boundaries of the district or by reason of annexation to or detachment from any city or territory wholly or partly within the boundaries of the district, except as provided in this section. +(2) Where territory outside the district is annexed to any city included in the district, that territory shall, upon the completion of the annexation proceeding, be deemed incorporated into and annexed to the district. +(3) Where territory is incorporated as a new city, on or after January 1, 2016, and is partly within and partly outside the district, the entire territory shall, upon completion of the incorporation proceeding, be deemed incorporated into and annexed to the district. +(4) Where territory that is within the boundaries of the district is annexed to any city that is not a member entity, that territory shall remain part of the district unless, at the time of annexation, (A) no transit service is operated by the district within the annexed territory or within one-half mile of any outside boundary of the annexed territory and (B) no transit service is planned by the district, as evidenced by the district’s adopted short-range transit plan, for the annexed territory or within one-half mile of any outside boundary of the annexed territory within five years of the annexation, in which case that territory may be detached from the district if the Sacramento County Local Agency Formation Commission determines, during the annexation proceedings, that the area would be better served by the annexing city than the district. The detachment may be accomplished without proceeding with the detachment process in Section 102056. +(c) Whenever territory is deemed incorporated into and annexed to the district pursuant to this section, that territory shall be subject to taxation, in accordance with the assessable valuation of the property in that territory for general district purposes and for payment of any indebtedness previously or thereafter incurred by the district. +SEC. 4. +Section 102053 of the Public Utilities Code is amended to read: +102053. +The district may operate and exercise the powers under this part within any city, provided that the district shall have no power to levy an ad valorem property tax within the boundaries of any city that is not within the boundaries of the district as defined in Section 102052.5. +SEC. 5. +Section 102054 of the Public Utilities Code is amended to read: +102054. +The district may operate and exercise the powers under this part within all or a part of the unincorporated area of any county, provided that the district shall have no power to levy an ad valorem property tax within the unincorporated area that is not within the boundaries of the district as defined in Section 102052.5. +SEC. 6. +Section 102055 of the Public Utilities Code is repealed. +SEC. 7. +Section 102055 is added to the Public Utilities Code, to read: +102055. +(a) Any city or county listed in Section 102051 may be annexed to the district in the manner provided in this section. +(b) The legislative body of the city or county proposed to be annexed shall agree in writing with the board of directors upon the terms and conditions of annexation, which agreement, among other things, may provide for the levy and collection of special taxes within the city or unincorporated area of the county in addition to the taxes otherwise provided for in this part; the fixing of rates, rentals, and charges differing from those fixed or existing elsewhere within the district; the incurring or assumption of indebtedness; the making of a payment or payments; or the transfer of property, real and personal, and other assets to the district by the city or county. +SEC. 8. +Section 102056 is added to the Public Utilities Code, to read: +102056. +(a) Territory within the district may be detached from the district by a supermajority vote of the board of directors, which shall be at least 80 percent of the nonweighted vote of the existing board, and by a majority vote of the governing body of the territory proposed to be detached, provided that the detached territory shall not be relieved from liability for taxation for the payment of any bonded indebtedness existing at the time of detachment, and provided that all other pending legal and financial obligations have been resolved by mutual agreement. +(b) The detachment of territory from the district shall become effective upon giving of the notice required in Section 57204 of the Government Code. +(c) Notice of the detachment of territory from the district shall be given to each assessor whose roll is used for a tax levy made pursuant to this part and to the State Board of Equalization pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code.","Existing law provides for the creation of the Sacramento Regional Transit District, with specified powers and duties relative to the provision of public transit services. Existing law describes the authorized boundaries of the district, as specified, and provides that the boundaries of the district, at any point in time, shall consist of the area of any city or county within the authorized boundaries where the governing board of the city or county has declared a need for the district to operate. Existing law authorizes the district to operate in any city or county where the need for the district to operate has been declared, except that the district has no power to levy an ad valorem property tax unless a city or county adopts a specified resolution. Existing law provides for a city or county to annex to the district through a written request to the district and approval by the Sacramento Area Council of Governments. +This bill would revise and recast these provisions. The bill would provide that the boundaries of the district, at any point in time, shall consist of specified areas, including a city or county that has acted to annex to the district, and a city incorporated on or after January 1, 2016, if the newly incorporated city consists of territory that was included in the district prior to incorporation. The bill would require an annexation to be subject to an agreement between the annexing city or county and the district board specifying the terms and conditions of annexation, and would delete the requirement for approval of annexation by the Sacramento Area Council of Governments. The bill would provide procedures for detachment of territory within the district by a specified supermajority vote of the district board and a majority vote of the governing body of the territory proposed to be detached.","An act to amend Sections 102025, 102053, and 102054 of, to add Section 102056 to, and to repeal and add Sections 102052.5 and 102055 of, the Public Utilities Code, relating to public transit." +611,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Since 1997, California has adopted academic content standards in a variety of subjects, including English language arts, mathematics, science, history-social science, visual and performing arts, health, world languages, physical education, and career and technical education. +(b) Starting in 2010, California adopted new academic content standards in certain subjects, including the common core state standards in English language arts and mathematics, and the Next Generation Science Standards. +(c) There is currently no process in place to update content standards, except for the creation of new legislation that authorizes new standards in a given subject. +(d) Given regular changes in disciplinary knowledge and academic research, it is often necessary to make modifications to content standards that do not constitute a complete revision. +(e) A process for regular updating of the standards should be designed to emphasize public access to the process, a reliance on scholarship and current and confirmed research, and minimal disruption to school districts using curriculum and assessments based upon the standards. +SEC. 2. +Section 60605.12 is added to the Education Code, to read: +60605.12. +(a) By January 1, 2017, the Superintendent shall recommend to the state board a schedule for the regular update of academic content standards in all subjects for which standards have been adopted by the state board. The schedule shall be aligned to the current eight-year cycle of curriculum framework updates and instructional materials adoptions pursuant to paragraph (1) of subdivision (b) of Section 60200. It is the intent of the Legislature that content standards are updated before the revising of curriculum frameworks, and that curriculum framework revisions occur before the adoption of instructional materials. +(b) (1) When the academic content standards in a given subject area come up for review according to the schedule adopted under subdivision (a), the state board shall make a determination as to whether those standards require an update. That determination shall be based upon the following considerations: +(A) The amount of time since the standards were adopted or last updated. +(B) Whether additional research conducted since the standards were adopted or last updated justifies updates to the standards. +(C) The potential impact on existing curriculum, instructional materials, and assessment systems based upon the standards. +(2) Nothing in this subdivision shall be construed to prohibit the consideration of national standards adopted by other states in making this determination. +(c) If the state board determines that an update to the academic content standards in a given subject is warranted, it shall convene an academic content standards advisory committee to recommend updates to the content standards in that subject. An academic content standards advisory committee shall consist of 21 members, appointed as follows: +(1) Ten members appointed by the Governor. +(2) Four members appointed by the Senate Committee on Rules. +(3) Four members appointed by the Speaker of the Assembly. +(4) Three members appointed by the Superintendent. +(d) Members of an academic content standards advisory committee shall serve at the pleasure of the appointing authority. +(e) Not less than one-half of the members appointed by each of the appointing authorities pursuant to subdivision (c) shall be current public school elementary or secondary classroom teachers who have a professional credential under state law, and meet the definition of “highly qualified” under federal law. +(f) It is the intent of the Legislature that all of the following occur: +(1) The academic content standards advisory committees include representation from teachers of different grade level spans, including elementary, middle, and high school grades. +(2) A member of an academic content standards advisory committee possesses a thorough knowledge of the academic content standards in the content area and grade level span in which he or she is appointed. +(3) An academic content standards advisory committee membership reflects the diversity of the various ethnic groups, types of school districts, and regions in California. +(g) Each academic content standards advisory committee shall review the content standards established in its particular subject matter and shall prepare updates to the standards as the committee deems necessary. +(h) When making its recommendation, an academic content standards advisory committee shall consider both of the following criteria: +(1) The extent to which its proposed updates reflect current and confirmed research in the subject area under consideration. +(2) The impact that the proposed updates will have upon school districts and existing curricula and assessments. +(i) An academic content standards advisory committee shall conduct at least two, and no more than six, in-person meetings that are open to the public and include opportunities for public input. An academic content standards advisory committee may convene additional meetings by teleconference or the Internet subject to the requirements of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. +(j) Upon completing this review, the terms of the members of an academic content standards advisory committee shall cease. +(k) Upon updating the standards, an academic content standards advisory committee shall forward them to the state board, which shall do either of the following within 120 days of the +receipt: +receipt of the updated standards: +(1) Adopt the proposed updates as proposed by the committee. +(2) Reject the proposed updates as proposed by the committee. If the state board rejects the standards it shall provide a specific written explanation to the Superintendent, the Governor, and the Legislature of the reasons why the proposed standards were rejected. +(l) Before final action pursuant to subdivision +(g), +(k), +the department shall post on its Internet Web site the updates proposed by an academic content standards advisory committee for a minimum of 60 days. The department shall include a link by which members of the public may submit comments on the proposed updates. +(m) Members of an academic content standards advisory committee shall serve without compensation, except for actual and necessary travel expenses and substitute costs. +(n) The Superintendent shall develop, and the state board shall adopt, guidelines to implement this section. +(o) The convening of an academic content standards advisory committee is contingent upon the Legislature appropriating funds for that purpose in the annual Budget Act.","Existing law required the State Board of Education to adopt statewide academic content standards in the core curriculum areas of reading, writing, and mathematics, and requires the Academic Content Standards Commission to develop academic content standards in language arts and mathematics. Existing law also authorizes the Superintendent of Public Instruction to recommend, and for the state board to approve, modifications to the common core academic content standards in mathematics, as specified. +This bill would require the Superintendent, by January 1, 2017, to recommend to the state board a schedule for the regular update of academic content standards in all subjects for which standards have been adopted by the state board in accordance with specified procedures, including the establishment of academic content standards advisory committees for those purposes and the recommendation of proposed updates by those committees to the state board.","An act to add Section 60605.12 to the Education Code, relating to academic content standards." +612,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 5845 of the Welfare and Institutions Code is amended to read: +5845. +(a) The Mental Health Services Oversight and Accountability Commission is hereby established to oversee Part 3 (commencing with Section 5800), the Adult and Older Adult Mental Health System of Care Act; Part 3.1 (commencing with Section 5820), Human Resources, Education, and Training Programs; Part 3.2 (commencing with Section 5830), Innovative Programs; Part 3.6 (commencing with Section 5840), Prevention and Early Intervention Programs; and Part 4 (commencing with Section 5850), the Children’s Mental Health Services Act. The commission shall replace the advisory committee established pursuant to Section 5814. The commission shall consist of 17 voting members as follows: +(1) The Attorney General or his or her designee. +(2) The Superintendent of Public Instruction or his or her designee. +(3) The Chairperson of the Senate Health and Human Services Committee or another member of the Senate selected by the President pro Tempore of the Senate. +(4) The Chairperson of the Assembly Health Committee or another member of the Assembly selected by the Speaker of the Assembly. +(5) Two persons with a severe mental illness, a family member of an adult or senior with a severe mental illness, a family member of a child who has or has had a severe mental illness, a physician specializing in alcohol and drug treatment, a mental health professional, a county sheriff, a superintendent of a school district, a representative of a labor organization, a representative of an employer with less than 500 employees and a representative of an employer with more than 500 employees, a representative of a health care services plan or insurer, and a person who has experience providing supportive housing to persons with a severe mental illness, all appointed by the Governor. In making appointments, the Governor shall seek individuals who have had personal or family experience with mental illness. +(b) Members shall serve without compensation, but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties. +(c) The term of each member shall be three years, to be staggered so that approximately one-third of the appointments expire in each year. +(d) In carrying out its duties and responsibilities, the commission may do all of the following: +(1) Meet at least once each quarter at any time and location convenient to the public as it may deem appropriate. All meetings of the commission shall be open to the public. +(2) Within the limit of funds allocated for these purposes, pursuant to the laws and regulations governing state civil service, employ staff, including any clerical, legal, and technical assistance as may appear necessary. The commission shall administer its operations separate and apart from the State Department of Health Care Services and the California Health and Human Services Agency. +(3) Establish technical advisory committees such as a committee of consumers and family members. +(4) Employ all other appropriate strategies necessary or convenient to enable it to fully and adequately perform its duties and exercise the powers expressly granted, notwithstanding any authority expressly granted to any officer or employee of state government. +(5) Enter into contracts. +(6) Obtain data and information from the State Department of Health Care Services, the Office of Statewide Health Planning and Development, or other state or local entities that receive Mental Health Services Act funds, for the commission to utilize in its oversight, review, training and technical assistance, accountability, and evaluation capacity regarding projects and programs supported with Mental Health Services Act funds. +(7) Participate in the joint state-county decisionmaking process, as contained in Section 4061, for training, technical assistance, and regulatory resources to meet the mission and goals of the state’s mental health system. +(8) Develop strategies to overcome stigma and discrimination, and accomplish all other objectives of Part 3.2 (commencing with Section 5830), 3.6 (commencing with Section 5840), and the other provisions of the act establishing this commission. +(9) At any time, advise the Governor or the Legislature regarding actions the state may take to improve care and services for people with mental illness. +(10) If the commission identifies a critical issue related to the performance of a county mental health program, it may refer the issue to the State Department of Health Care Services pursuant to Section 5655. +(11) Assist in providing technical assistance to accomplish the purposes of the Mental Health Services Act, Part 3 (commencing with Section 5800), and Part 4 (commencing with Section 5850) in collaboration with the State Department of Health Care Services and in consultation with the County Behavioral Health Directors Association of California. +(12) Work in collaboration with the State Department of Health Care Services and the California Mental Health Planning Council, and in consultation with the County Behavioral Health Directors Association of California, in designing a comprehensive joint plan for a coordinated evaluation of client outcomes in the community-based mental health system, including, but not limited to, parts listed in subdivision (a). The California Health and Human Services Agency shall lead this comprehensive joint plan effort. +SEC. 2. +The Legislature finds and declares that this act is consistent with and furthers the intent of the Mental Health Services Act within the meaning of Section 18 of the Mental Health Services Act.","Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission, and requires the commission to consist of 16 voting members, including, among others, two persons with a severe mental illness and a mental health professional, all appointed by the Governor. The act may be amended by the Legislature by a +2/3 +vote of both houses and only so long as the amendment is consistent with and furthers the intent of the act. The Legislature may clarify procedures and terms of the act by majority vote. +The bill would require the Governor to appoint an additional member to the commission who has experience providing supportive housing to persons with a severe mental illness. The bill would state the findings and declarations of the Legislature that this change is consistent with and furthers the intent of the act.","An act to amend Section 5845 of the Welfare and Institutions Code, relating to mental health." +613,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 66703 of the Government Code is amended to read: +66703. +(a) The authority shall be governed by a board composed of seven voting members, as follows: +(1) One member shall be an elected official of a bayside city or county, or an elected member of a special district, with expertise in the implementation of Chapter 4.5 (commencing with Section 31160) of Division 21 of the Public Resources Code and shall serve as the chair. +(2) One member shall be an elected official of a bayside city or county in the North Bay. For purposes of this subdivision, the North Bay consists of the Counties of Marin, Napa, Solano, and Sonoma. +(3) One member shall be an elected official of a bayside city or county in the East Bay. For purposes of this subdivision, the East Bay consists of Contra Costa County and the portion of Alameda County that is north of the southern boundary of the City of Hayward, excluding the Delta primary zone. +(4) One member shall be an elected official of a bayside city or county in the South Bay. For purposes of this subdivision, the South Bay consists of Santa Clara County, the portion of Alameda County that is south of the southern boundary of the City of Hayward, and the portion of San Mateo County that is south of the northern boundary of Redwood City. +(5) One member shall be an elected official of a bayside city or county in the West Bay. For purposes of this subdivision, the West Bay consists of the City and County of San Francisco and the portion of San Mateo County that is north of the northern boundary of Redwood City. +(6) Two members shall be elected officials of one or more of the following: +(A) A bayside city or county. +(B) A regional park district, regional open-space district, or regional park and open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of the Public Resources Code that owns or operates one or more San Francisco Bay shoreline parcels. +(b) The Association of Bay Area Governments shall appoint the members. +(c) Each member shall serve at the pleasure of his or her appointing authority. +(d) A vacancy shall be filled by the Association of Bay Area Governments within 90 days from the date on which the vacancy occurs. +SEC. 2. +Section 66704 of the Government Code is amended to read: +66704. +The authority has, and may exercise, all powers, expressed or implied, that are necessary to carry out the intent and purposes of this title, including, but not limited to, the power to do all of the following: +(a) (1) Levy a benefit assessment, special tax levied pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, or property-related fee consistent with the requirements of Articles XIII A, XIII C, and XIII D of the California Constitution, including, but not limited to, a benefit assessment levied pursuant to paragraph (2), except that a benefit assessment, special tax, or property-related fee shall not be levied pursuant to this subdivision after December 31, 2048. +(2) The authority may levy a benefit assessment pursuant to any of the following: +(A) The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code). +(B) The Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code). +(C) The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code). +(D) The Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code), notwithstanding Section 22501 of the Streets and Highways Code. +(E) Any other statutory authorization. +(b) Apply for and receive grants from federal and state agencies. +(c) Solicit and accept gifts, fees, grants, and allocations from public and private entities. +(d) Issue revenue bonds for any of the purposes authorized by this title pursuant to the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5). +(e) Incur general obligation bonded indebtedness for the acquisition or improvement of real property or for funding or refunding of any outstanding indebtedness, subject to the following requirements: +(1) The principal and interest of any general obligation bonded indebtedness incurred pursuant to this subdivision shall be paid and discharged prior to January 1, 2049. +(2) For purposes of incurring general obligation bonded indebtedness pursuant to this subdivision, the authority shall comply with the requirements of Article 11 (commencing with Section 5790) of Chapter 4 of Division 5 of the Public Resources Code. For purposes of this subdivision, all references in Article 11 (commencing with Section 5790) of Chapter 4 of Division 5 of the Public Resources Code to a board of directors shall mean the board and all references to a district shall mean the authority. +(3) Notwithstanding any other law, the total amount of outstanding bonded indebtedness the authority may incur pursuant to this subdivision and subdivision (d) shall not exceed one billion five hundred million dollars ($1,500,000,000). +(f) Receive and manage a dedicated revenue source. +(g) Deposit or invest moneys of the authority in banks or financial institutions in the state in accordance with state law. +(h) Sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. +(i) Engage counsel and other professional services. +(j) Enter into and perform all necessary contracts. +(k) Enter into joint powers agreements pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1). +(l) Hire staff, define their qualifications and duties, and provide a schedule of compensation for the performance of their duties. +(m) Use interim or temporary staff provided by appropriate state agencies or the Association of Bay Area Governments. A person who performs duties as interim or temporary staff shall not be considered an employee of the authority. +SEC. 3. +Section 66704.05 of the Government Code is amended to read: +66704.05. +(a) If the authority proposes a measure pursuant to subdivision (a) or (e) of Section 66704 that will generate revenues, the board of supervisors of the county or counties in which the measure is proposed shall call a special election on the measure. The special election shall be consolidated with the next regularly scheduled statewide election and the measure shall be submitted to the voters in the appropriate counties, consistent with the requirements of Articles XIII A, XIII C, and XIII D of the California Constitution, as applicable. +(b) (1) The authority is a district, as defined in Section 317 of the Elections Code. Except as otherwise provided in this section, a measure proposed by the authority that requires voter approval shall be submitted to the voters of the authority in accordance with the provisions of the Elections Code applicable to districts, including the provisions of Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code. +(2) Because the authority has no revenues as of the effective date of this paragraph, the appropriations limit for the authority shall be originally established based on receipts from the initial measure that would generate revenues for the authority pursuant to subdivision (a), and that establishment of an appropriations limit shall not be deemed a change in an appropriations limit for purposes of Section 4 of Article XIII B of the California Constitution. +(c) The authority shall file with the board of supervisors of each county in which the measure shall appear on the ballot a resolution of the authority requesting consolidation, and setting forth the exact form of the ballot question, in accordance with Section 10403 of the Elections Code. +(d) The legal counsel for the authority shall prepare an impartial analysis of the measure. The impartial analysis prepared by the legal counsel for the authority shall be subject to review and revision by the county counsel of the county that contains the largest population, as determined by the most recent federal decennial census, among those counties in which the measure will be submitted to the voters. +(e) Each county included in the measure shall use the exact ballot question, impartial analysis, and ballot language provided by the authority. If two or more counties included in the measure are required to prepare a translation of ballot materials into the same language other than English, the county that contains the largest population, as determined by the most recent federal decennial census, among those counties that are required to prepare a translation of ballot materials into the same language other than English shall prepare the translation and that translation shall be used by the other county or counties, as applicable. +(f) Notwithstanding Section 13116 of the Elections Code, if a measure proposed by the authority pursuant to this article is submitted to the voters of the authority in two or more counties, the elections officials of those counties shall mutually agree to use the same letter designation for the measure. +(g) The county clerk of each county shall report the results of the special election to the authority. +(h) (1) Notwithstanding Section 10520 of the Elections Code, for the first election at which the authority proposes a measure pursuant to subdivision (a) or (e) of Section 66704 that would generate revenues, the authority shall reimburse each county in which that measure appears on the ballot only for the incremental costs incurred by the county elections official related to submitting the measure to the voters. +(2) For purposes of this subdivision, “incremental costs” include all of the following: +(A) The cost to prepare, review, and revise the impartial analysis of the measure that is required by subdivision (d). +(B) The cost to prepare a translation of ballot materials into a language other than English by any county, as described in subdivision (e). +(C) The additional costs that exceed the costs incurred for other election races or ballot measures, if any, appearing on the same ballot in each county in which the measure appears on the ballot, including both of the following: +(i) The printing and mailing of ballot materials. +(ii) The canvass of the vote regarding the measure pursuant to Division 15 of the Elections Code. +(3) This subdivision is repealed on January 1, 2019. +SEC. 4. +Section 66706 of the Government Code is amended to read: +66706. +This title shall remain in effect only until January 1, 2049, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2049, deletes or extends that date. +SEC. 5. +The Legislature finds and declares that the San Francisco Bay Restoration Authority has not assumed any existing duties from another local or state government entity and has received no state or local government revenues not counted toward another entity’s appropriations limit. Therefore, the authority has no associated appropriations limit pursuant to Article XIII B of the California Constitution as of the date of enactment of this bill. +SEC. 6. +The Legislature finds and declares that the changes made by this act to subdivision (e) of Section 66704 of the Government Code explicitly affirm the authority of the San Francisco Bay Restoration Authority to incur general obligation bonded indebtedness, so as to implement the Legislature’s intent when the statute first became operative on January 1, 2009. +SEC. 7. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","(1) Existing law, the San Francisco Bay Restoration Authority Act, until January 1, 2029, establishes the San Francisco Bay Restoration Authority to raise and allocate resources for the restoration, enhancement, protection, and enjoyment of wetlands and wildlife habitat in the San Francisco Bay and along its shoreline. The act establishes a governing board of the authority composed of specified members, including a member who is a resident of the San Francisco Bay area with expertise in the implementation of the San Francisco Bay Conservancy Program, who serves as the chair. The act grants to the board all powers that are necessary to carry out the act, including, among other things, the power to levy specified benefit assessments, special taxes, and property-related fees, and to issue revenue bonds and general obligation bonds. However, the act limits the total amount of outstanding indebtedness incurred pursuant to those provisions authorizing the issuance of general obligation bonds to 10% of the authority’s total revenues in the preceding fiscal year. Existing law generally requires a district to reimburse the county elections official for the actual costs incurred in conducting an election for the district. However, the act authorizes, until January 1, 2017, the authority to reimburse only the incremental costs, as defined, that are incurred by the county elections official related to submitting a special tax measure to the voters. +This bill would delete the requirement that one member of the board, who serves as the chair, be a resident of the San Francisco Bay area with expertise in the implementation of the San Francisco Bay Conservancy Program and would instead require that member to be an elected official of a bayside city or county, or an elected member of a special district, with expertise in the implementation of the San Francisco Bay Conservancy Program. The bill would also delete the limit on the authority’s total amount of outstanding general obligation bonded indebtedness and would, instead, prohibit the authority from having a total amount of outstanding bonded indebtedness that exceeds $1,500,000,000. The bill would specify that the authority may incur general obligation bonded indebtedness for the acquisition or improvement of real property or for the funding or refunding of any outstanding bonded indebtness incurred by the authority. The bill would extend to January 1, 2019, the operation of the provision authorizing the authority to reimburse county elections officials for only the incremental costs of submitting a special tax measure to the voters, expanded to apply to other specified measures that would generate revenues for the authority. The bill would postpone to January 1, 2049, the repeal date for the act, and would make related conforming changes. By imposing additional duties on local government officials with regard to implementation of the act, the bill would impose a state-mandated local program. +The act specifies that the special taxes are to be levied, and submitted to the voters, consistent with specified provisions of the California Constitution relating to voter approval for local tax levies and property-related fees, charges, and assessments. +This bill would instead specify that measures that will generate revenues are to be submitted to the voters, consistent with those requirements of the California Constitution and the requirements of the California Constitution relating to general obligation bond indebtedness and ad valorem taxes. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 66703, 66704, 66704.05, and 66706 of the Government Code, relating to the San Francisco Bay Restoration Authority." +614,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 75.21 of the Revenue and Taxation Code is amended to read: +75.21. +(a) Exemptions shall be applied to the amount of the supplemental assessment, provided that the property is not receiving any other exemption on either the current roll or the roll being prepared except as provided for in subdivision (b), that the assessee is eligible for the exemption, and that, in those instances in which the provisions of this division require the filing of a claim for the exemption, the assessee makes a claim for the exemption. +(b) If the property received an exemption on the current roll or the roll being prepared and the assessee on the supplemental roll is eligible for an exemption and, in those instances in which the provisions of this division require the filing of a claim for the exemption, the assessee makes a claim for an exemption of a greater amount, then the difference in the amount between the two exemptions shall be applied to the supplemental assessment. +(c) In those instances in which the provisions of this division require the filing of a claim for the exemption, except as provided in subdivision (d), (e), or (f), any person claiming to be eligible for an exemption to be applied against the amount of the supplemental assessment shall file a claim or an amendment to a current claim, in that form as prescribed by the board, on or before the 30th day following the date of notice of the supplemental assessment, in order to receive a 100-percent exemption. +(1) With respect to property as to which the college, cemetery, church, religious, exhibition, veterans’ organization, +public school, +free public libraries, free museums, or welfare exemption was available, but for which a timely application for exemption was not filed, the following amounts shall be canceled or refunded: +(A) Ninety percent of any tax or penalty or interest thereon, or any amount of tax or penalty or interest thereon exceeding two hundred fifty dollars ($250) in total amount, whichever is greater, for each supplemental assessment, provided that an appropriate application for exemption is filed on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, as provided by Section 75.52. +(B) Eighty-five percent of any tax or penalty or interest thereon, or any amount of tax or penalty or interest thereon exceeding two hundred fifty dollars ($250) in total amount, whichever is greater, for each supplemental assessment, if an appropriate application for exemption is thereafter filed. +(2) With respect to property as to which the welfare exemption or veterans’ organization exemption was available, all provisions of Section 254.5, other than the specified dates for the filing of affidavits and other acts, are applicable to this section. +(3) With respect to property as to which the veterans’ or homeowners’ exemption was available, but for which a timely application for exemption was not filed, that portion of tax attributable to 80 percent of the amount of exemption available shall be canceled or refunded, provided that an appropriate application for exemption is filed on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, as provided by Section 75.52. +(4) With respect to property as to which the disabled veterans’ exemption was available, but for which a timely application for exemption was not filed, that portion of tax attributable to 90 percent of the amount of exemption available shall be canceled or refunded, provided that an appropriate application for exemption is filed on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, as provided by Section 75.52. If an appropriate application for exemption is thereafter filed, 85 percent of the amount of the exemption available shall be canceled or refunded. +(5) With respect to property as to which any other exemption was available, but for which a timely application for exemption was not filed, the following amounts shall be canceled or refunded: +(A) Ninety percent of any tax or penalty or interest thereon, provided that an appropriate application for exemption is filed on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, as provided by Section 75.52. +(B) Eighty-five percent of any tax or penalty or interest thereon, or any amount of tax or penalty or interest thereon exceeding two hundred fifty dollars ($250) in total amount, whichever is greater, for each supplemental assessment, if an appropriate application for exemption is thereafter filed. +Other provisions of this division pertaining to the late filing of claims for exemption do not apply to assessments made pursuant to this chapter. +(d) For purposes of this section, any claim for the homeowners’ exemption, veterans’ exemption, or disabled veterans’ exemption previously filed by the owner of a dwelling, granted and in effect, constitutes the claim or claims for that exemption required in this section. In the event that a claim for the homeowners’ exemption, veterans’ exemption, or disabled veterans’ exemption is not in effect, a claim for any of those exemptions for a single supplemental assessment for a change in ownership or new construction occurring on or after June 1, up to and including December 31, shall apply to that assessment; a claim for any of those exemptions for the two supplemental assessments for a change in ownership or new construction occurring on or after January 1, up to and including May 31, one for the current fiscal year and one for the following fiscal year, shall apply to those assessments. In either case, if granted, the claim shall remain in effect until title to the property changes, the owner does not occupy the home as his or her principal place of residence on the lien date, or the property is otherwise ineligible pursuant to Section 205, 205.5, or 218. +(e) Notwithstanding subdivision (c), an additional exemption claim may not be required to be filed until the next succeeding lien date in the case in which a supplemental assessment results from the completion of new construction on property that has previously been granted exemption on either the current roll or the roll being prepared. +(f) (1) Notwithstanding subdivision (c), an additional exemption claim is not required to be filed in the instance where a supplemental assessment results from a change in ownership of property where the purchaser of the property owns and uses or uses, as the case may be, other property that has been granted the college, cemetery, church, religious, exhibition, veterans’ organization, +public school, +free public libraries, free museums, or welfare exemption on either the current roll or the roll being prepared and the property purchased is put to the same use. +(2) In all other instances where a supplemental assessment results from a change in ownership of property, an application for exemption shall be filed pursuant to the provisions of subdivision (c). +SECTION 1. +SEC. 2. +Section 271 of the Revenue and Taxation Code is amended to read: +271. +(a) Provided that an appropriate application for exemption is filed within 90 days from the first day of the month following the month in which the property was acquired or by February 15 of the following calendar year, whichever occurs first, any tax or penalty or interest imposed upon: +(1) Property owned by any organization qualified for the college, cemetery, church, religious, exhibition, veterans’ organization, tribal housing, public school, or welfare exemption that is acquired by that organization during a given calendar year, after the lien date but before the first day of the fiscal year commencing within that calendar year, when the property is of a kind that would have been qualified for the college, cemetery, church, religious, exhibition, veterans’ organization, tribal housing, public school, or welfare exemption if it had been owned by the organization on the lien date, shall be canceled or refunded. +(2) Property owned by any organization that would have qualified for the college, cemetery, church, religious, exhibition, veterans’ organization, tribal housing, public school, or welfare exemption had the organization been in existence on the lien date, that was acquired by it during that calendar year after the lien date in that year but before the commencement of that fiscal year, and of a kind that presently qualifies for the exemption and that would have so qualified for that fiscal year had it been owned by the organization on the lien date and had the organization been in existence on the lien date, shall be canceled or refunded. +(3) Property acquired after the beginning of any fiscal year by an organization qualified for the college, cemetery, church, religious, exhibition, veterans’ organization, tribal housing, public school, or welfare exemption and the property is of a kind that would have qualified for an exemption if it had been owned by the organization on the lien date, whether or not that organization was in existence on the lien date, shall be canceled or refunded in the proportion that the number of days for which the property was so qualified during the fiscal year bears to 365. +(b) Eighty-five percent of any tax or penalty or interest thereon imposed upon property that would be entitled to relief under subdivision (a) or Section 214.01, except that an appropriate application for exemption was not filed within the time required by the applicable provision, shall be canceled or refunded provided that an appropriate application for exemption is filed after the last day on which relief could be granted under subdivision (a) or Section 214.01. +(c) Notwithstanding subdivision (b), any tax or penalty or interest thereon exceeding two hundred fifty dollars ($250) in total amount shall be canceled or refunded provided it is imposed upon property entitled to relief under subdivision (b) for which an appropriate claim for exemption has been filed. +(d) With respect to property acquired after the beginning of the fiscal year for which relief is sought, subdivisions (b) and (c) shall apply only to that pro rata portion of any tax or penalty or interest thereon that would have been canceled or refunded had the property qualified for relief under paragraph (3) of subdivision (a). +SEC. 2. +SEC. 3. +Section 271.5 of the Revenue and Taxation Code is amended to read: +271.5. +(a) In the event that property receiving the college, cemetery, church, religious, exhibition, veterans’ organization, tribal housing, public school, or welfare exemption is sold or otherwise transferred, the exemption shall cease to apply on the date of that sale or transfer. A new exemption shall be available subject to the provisions of Section 271. +(b) Termination of the exemption under this section shall result in an escape assessment of the property pursuant to Section 531.1. +SEC. 3. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, with respect to supplemental property tax assessments, specifies various limitation periods for assessments on the supplemental tax roll. Existing law provides for the application of property tax exemptions to those supplemental assessments provided, among other things, that an assessee file an exemption application within a specified time. Existing property tax law allows taxes, penalties, and interest imposed for late filings of property tax exemption applications for the supplemental roll that exceed $250 in total to be canceled or refunded up to 85% or 90%, as applicable, in the case of the exemption for a college, cemetery, church, religious, exhibition, or veterans’ organization. +This bill would expand this reduction to be applied to exemptions for public schools, as provided. +Existing property tax law provides, with respect to property as to which the college, cemetery, church, religious, exhibition, veterans’ organization, free public libraries, free museums, public schools, community colleges, state colleges, state universities, tribal housing, or welfare exemption was available but for which a timely application for exemption was not filed, that 90% of any tax or penalty or interest on that property shall be canceled or refunded if an appropriate application for exemption is filed on or before the lien date in the calendar year next succeeding the calendar year in which the exemption was not claimed by a timely application. +Existing property tax law requires, if an appropriate application for exemption is filed within 90 days from the first day of the month following the month in which the property was acquired or by February 15 of the following calendar year, whichever occurs first, any tax or penalty or interest imposed upon property owned by any organization qualified for the college, cemetery, church, religious, exhibition, veterans’ organization, tribal housing, or welfare exemption that is acquired by that organization during a given calendar year, after the lien date but before the first day of the fiscal year commencing within that calendar year, if the property is of a kind that would have been qualified for the college, cemetery, church, religious, exhibition, veterans’ organization, tribal housing, or welfare exemption if it had been owned by the organization on the lien date, to be canceled or refunded. +This bill would add public schools to the list of entities eligible for the cancellation or refund of any tax or penalty or interest imposed on property acquired in a given calendar year after the lien date but before the first day of the fiscal year commencing within that calendar year. The bill also would make conforming changes. +By increasing the duties of local officials relative to the administration of taxes, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections +75.21, +271 +, +and 271.5 of the Revenue and Taxation Code, relating to taxation." +615,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) Teachers in state-funded educational child development programs are denied living wages. +(2) Low wages for the predominantly female staff of these programs contributes significantly to the gender pay gap in California. +(3) Many nonprofit, community-based child development agencies are unable to provide employer-paid health insurance to their employees and their families. +(4) There is a steady stream of both school district and nonprofit agencies closing their child development programs. +(5) The cause of these problems is an inadequate standard reimbursement rate for state-funded child development centers, due to a 34-year history of either no annual cost-of-living adjustment (COLA) or substandard raises. The lack of adequate COLAs has cut the buying power, wages, and benefits in these agencies by 22 percent since 1980, and has bankrupted programs. +(b) (1) It is the intent of the Legislature to both consistently provide these state-funded child development programs with annual cost-of-living adjustments equal to the inflation adjustments given to K–12 education programs, and to take additional steps to rebuild wages, benefits, and financial stability in these programs. +(2) It is the intent of the Legislature to eliminate gender pay inequity in wages for the predominantly female and college educated staff of these programs. +(3) It is the intent of the Legislature to ensure and enhance the ability of these programs for young children to meet the high educational standards required by state and federal law and regulations, and to retain skilled and trained teachers by increasing the standard reimbursement rate. +SECTION 1. +SEC. 2. +Section 8265 of the Education Code is amended to read: +8265. +(a) The Superintendent shall implement a plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service. +(1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services. +(2) When establishing standards and assigned reimbursement rates, the Superintendent shall confer with applicant agencies. +(3) The reimbursement system, including standards and rates, shall be submitted to the Joint Legislative Budget Committee. +(4) The Superintendent may establish any regulations he or she deems advisable concerning conditions of service and hours of enrollment for children in the programs. +(b) +(1) +The standard reimbursement rate shall be nine thousand twenty-four dollars and seventy-five cents ($9,024.75) per unit of average daily enrollment for a 250-day year, and commencing with the 2015–16 fiscal year, shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15. +The standard reimbursement rate is not intended to fund mandated costs imposed upon child development programs due to actions of law relating to minimum wage requirements, health insurance requirements, new or increased fees, new or expanded program requirements, or other cost increases due to legislative action. +(2) In addition to the increase in paragraph (1), the standard reimbursement rate shall be raised as needed to provide a living wage, reasonable health insurance, and retirement benefits for employees, to support the recruitment and retention of skilled and trained teachers, to support the financial stability of programs and educational quality, and to achieve gender pay equity. +(3) For purposes of this subdivision, “cost-of-living adjustment” means an annual increase in funding and the standard reimbursement rate to maintain buying power as the result of inflation. Notwithstanding any other law, for each fiscal year, the amount of cost-of-living adjustment provided by Section 42238.15 shall at least be equal to the amount of the inflation adjustment provided by Section 42238.1. +(c) The plan shall require agencies having an assigned reimbursement rate above the current year standard reimbursement rate to reduce costs on an incremental basis to achieve the standard reimbursement rate. +(d) The plan shall provide for adjusting reimbursement on a case-by-case basis, in order to maintain service levels for agencies currently at a rate less than the standard reimbursement rate. Assigned reimbursement rates shall be increased only on the basis of one or more of the following: +(1) Loss of program resources from other sources. +(2) Need of an agency to pay the same child care rates as those prevailing in the local community. +(3) Increased costs directly attributable to new or different regulations. +(4) (A) Documented increased costs necessary to maintain the prior year’s level of service and ensure the continuation of threatened programs. +(B) Child care agencies funded at the lowest rates shall be given first priority for increases. +(e) The plan shall provide for expansion of child development programs at no more than the standard reimbursement rate for that fiscal year. +(f) The Superintendent may reduce the percentage of reduction for a public agency that satisfies any of the following: +(1) Serves more than 400 children. +(2) Has in effect a collective bargaining agreement. +(3) Has other extenuating circumstances that apply, as determined by the Superintendent.","Existing law requires the Superintendent of Public Instruction to implement a plan that establishes reasonable child care standards and assigned reimbursement rates, as provided. Existing law requires the standard reimbursement rate to be increased annually by a cost-of-living adjustment, as provided. +This bill would make nonsubstantive changes to these provisions. +This bill would provide that the standard reimbursement rate is not intended to fund mandated costs imposed upon child development programs due to actions of law relating to minimum wage requirements, health insurance requirements, new or increased fees, new or expanded program requirements, or other cost increases due to legislative action. The bill would also require the standard reimbursement rate to be raised as needed to provide a living wage, reasonable health insurance, and retirement benefits for employees, to support the recruitment and retention of skilled and trained teachers, to support the financial stability of programs and educational quality, and to achieve gender pay equity. The bill would define cost-of-living adjustment to be, among other things, at least equal to the amount of the inflation adjustments given to K–12 education programs, as provided.","An act to amend Section 8265 of the Education Code, relating to child care and development." +616,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 124174.6 of the Health and Safety Code is amended to read: +124174.6. +The department shall establish a grant program within the Public School Health Center Support Program to provide technical assistance, and funding for the expansion, renovation, and retrofitting of existing school health centers, and the development of new school health centers, in accordance with the following procedures and requirements: +(a) A school health center receiving grant funds pursuant to this section shall meet or have a plan to meet the following requirements: +(1) Strive to provide a comprehensive set of services including medical, oral health, mental health, health education, and related services in response to community needs. +(2) Provide primary and other health care services, provided or supervised by a licensed professional, which may include all of the following: +(A) Physical examinations, immunizations, and other preventive medical services. +(B) Diagnosis and treatment of minor injuries and acute medical conditions. +(C) Management of chronic medical conditions. +(D) Basic laboratory tests. +(E) Referrals to and followup for specialty care. +(F) Reproductive health services. +(G) Nutrition services. +(H) Mental health services provided or supervised by an appropriately licensed mental health professional may include: assessments, crisis intervention, counseling, treatment, and referral to a continuum of services including emergency psychiatric care, community support programs, inpatient care, and outpatient programs. School health centers providing mental health services as specified in this section shall consult with the local county mental health department for collaboration in planning and service delivery. +(I) Oral health services that may include preventive services, basic restorative services, and referral to specialty services. +(3) Work in partnership with the school nurse, if one is employed by the school or school district, to provide individual and family health education; school or districtwide health promotion; first aid and administration of medications; facilitation of student enrollment in health insurance programs; screening of students to identify the need for physical, mental health, and oral health services; referral and linkage to services not offered onsite; public health and disease surveillance; and emergency response procedures. A school health center may receive grant funding pursuant to this section if the school or school district does not employ a school nurse. However, it is not the intent of the Legislature that a school health center serve as a substitute for a school nurse employed by a local school or school district. +(4) Have a written contract or memorandum of understanding between the school district and the health care provider or any other community providers that ensures coordination of services, ensures confidentiality and privacy of health information consistent with applicable federal and state laws, and integration of services into the school environment. +(5) Serve all registered students in the school regardless of ability to pay. +(6) Be open during all normal school hours, or on a more limited basis if resources are not available, or on a more expansive basis if dictated by community needs and resources are available. +(7) Establish protocols for referring students to outside services when the school health center is closed. +(8) Facilitate transportation between the school and the health center if the health center is not located on school or school district property. +(b) Planning grants shall be available in amounts between twenty-five thousand dollars ($25,000) and fifty thousand dollars ($50,000) for a 6- to 12-month period to be used for the costs associated with assessing the need for a school health center in a particular community or area, and developing the partnerships necessary for the operation of a school health center in that community or area. Applicants for planning grants shall be required to have a letter of interest from a school or district if the applicant is not a local education agency. Grantees provided funding pursuant to this subdivision shall be required to do all of the following: +(1) Seek input from students, parents, school nurses, school staff and administration, local health providers, and if applicable, special population groups, on community health needs, barriers to health care and the need for a school health center. +(2) Collect data on the school and community to estimate the percentage of students that lack health insurance and the percentage that are eligible for Medi-Cal benefits, or other public programs providing free or low-cost health services. +(3) Assess capacity and interest among health care providers in the community to provide services in a school health center. +(4) Assess the need for specific cultural or linguistic services or both. +(c) Facilities and startup grants shall be available in amounts between twenty thousand dollars ($20,000) and two hundred fifty thousand dollars ($250,000) per year for a three-year period for the purpose of establishing a school health center, with the potential addition of one hundred thousand dollars ($100,000) in the first year for facilities construction, purchase, or renovation. Grant funds may be used to cover a portion or all of the costs associated with designing, retrofitting, renovating, constructing, or buying a facility, for medical equipment and supplies for a school health center, or for personnel costs at a school health center. Preference will be given to proposals that include a plan for cost sharing among schools, health providers, and community organizations for facilities construction and renovation costs. Applicants for facilities and startup grants offered pursuant to this subdivision shall be required to meet the following criteria: +(1) Have completed a community assessment determining the need for a school health center. +(2) Have a contract or memorandum of understanding between the school district and the health care provider, if other than the district, and any other provider agencies describing the relationship between the district and the school health center. +(3) Have a mechanism, described in writing, to coordinate services to individual students among school and school health center staff while maintaining confidentiality and privacy of health information consistent with applicable state and federal laws. +(4) Have a written description of how the school health center will participate in the following: +(A) School and districtwide health promotion, coordinated school health, health education in the classroom or on campus, program/activities that address nutrition, fitness, or other important public health issues, or promotion of policies that create a healthy school environment. +(B) Outreach and enrollment of students in health insurance programs. +(C) Public health prevention, surveillance, and emergency response for the school population. +(5) Have the ability to provide the linguistic or cultural services needed by the community. If the school health center is not yet able to provide these services due to resource limitations, the school health center shall engage in an ongoing assessment of its capacity to provide these services. +(6) Have a plan for maximizing available third-party reimbursement revenue streams. +(d) Sustainability grants shall be available in amounts between twenty-five thousand dollars ($25,000) and one hundred twenty-five thousand dollars ($125,000) per year for a three-year period for the purpose of operating a school health center, or enhancing programming at a fully operational school health center, including oral health or mental health services. Applicants for sustainability grants offered pursuant to this subdivision shall be required to meet all of the criteria described in subdivision (c), in addition to both of the following criteria: +(1) The applicant shall be eligible to become or already be an approved Medi-Cal provider. +(2) The applicant shall have ability and procedures in place for billing public insurance programs and managed care providers. +(3) The applicant shall seek reimbursement and have procedures in place for billing public and private insurance that covers students at the school health center. +(e) The department shall award technical assistance grants through a competitive bidding process to qualified contractors to support grantees receiving grants under subdivisions (b), (c), and (d). A qualified contractor means a vendor with demonstrated capacity in all aspects of planning, facilities development, startup, and operation of a school health center. +(f) The department shall also develop a request for proposal (RFP) process for collecting information on applicants, and determining which proposals shall receive grant funding. The department shall give preference for grant funding to the following schools: +(1) Schools in areas designated as federally medically underserved areas or in areas with medically underserved populations. +(2) Schools with a high percentage of low-income and uninsured children and youth or children and youth who receive free or low-cost insurance through +Medi-Cal or Covered California. +Medi-Cal. +(3) Schools with large numbers of +limited English proficient +limited-English-proficient +(LEP) students. +(4) Schools in areas with a shortage of health professionals. +(5) Low-performing schools with Academic Performance Index (API) rankings in the deciles of three and below of the state. +(g) Moneys shall be allocated to the department annually for evaluation to be conducted by an outside evaluator that is selected through a competitive bidding process. The evaluation shall document the number of grantees that establish and sustain school health centers, and describe the challenges and lessons learned in creating successful school health centers. The evaluator shall use data collected pursuant to Section 124174.3, if it is available, and work in collaboration with the Public School Health Center Support Program. The department shall post the evaluation on its Internet Web site. +(h) This section shall be implemented only to the extent that funds are appropriated to the department in the annual Budget Act or other statute for implementation of this article.","Existing law requires the State Department of Public Health, in cooperation with the State Department of Education, to establish a Public School Health Center Support Program to perform specified functions relating to the establishment, retention, or expansion of school health centers in California. Existing law, for purposes of those provisions, defines a “school health center” to mean a center or program located at or near a local educational agency that provides age-appropriate health care services at the program site or through referrals, and may conduct routine physical health, mental health, and oral health assessments. Existing law requires the State Department of Public Health, to the extent funds are appropriated to the department, to establish a grant program to provide technical assistance, and funding for the expansion, renovation, and retrofitting of existing school health centers, and the development of new school health centers, in accordance with specified procedures. Existing law requires the department to develop a request for proposal (RFP) process for collecting information on applicants, and determining which proposals shall receive grant funding, giving preference for grant funding to schools in areas designated as federally medically underserved areas or in areas with medically underserved populations, or schools with a high percentage of low-income and uninsured children and youth. +This bill would require the department to also give preference to schools with a high percentage of children and youth who receive free or low-cost health coverage through +Medi-Cal or Covered California. +Medi-Cal.","An act to amend Section 124174.6 of the Health and Safety Code, relating to child health." +617,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11107.1 of the Health and Safety Code is amended to read: +11107.1. +(a) +Any +A +manufacturer, wholesaler, retailer, or other person or entity in this state that sells to any person or entity in this state or any other state any quantity of +butane, +sodium cyanide, potassium cyanide, cyclohexanone, bromobenzene, magnesium turnings, mercuric chloride, sodium metal, lead acetate, palladium black, hydrogen chloride gas, trichlorofluoromethane (fluorotrichloromethane), dichlorodifluoromethane, 1,1,2-trichloro-1,2,2-trifluoroethane (trichlorotrifluoroethane), sodium acetate, or acetic anhydride shall do the following: +(1) (A) Notwithstanding any other +provision of +law, in +any +a +face-to-face or will-call sale, the seller shall prepare a bill of sale +which +that +identifies the date of sale, cost of sale, method of payment, the specific items and quantities purchased and the proper purchaser identification information, all of which shall be entered onto the bill of sale or a legible copy of the bill of sale, and shall also affix on the bill of sale his or her signature as witness to the purchase and identification of the purchaser. +(B) For the purposes of this paragraph, “proper purchaser identification” includes a valid driver’s license or other official and valid state-issued identification of the purchaser that contains a photograph of the purchaser, and includes the residential or mailing address of the purchaser, other than a post office box number, the motor vehicle license number of the motor vehicle used by the purchaser at the time of purchase, a description of how the substance is to be used, the Environmental Protection Agency certification number or resale tax identification number assigned to the individual or business entity for which the individual is purchasing any chlorofluorocarbon product, and the signature of the purchaser. +(C) The seller shall retain the original bill of sale containing the purchaser identification information for five years in a readily presentable manner, and present the bill of sale containing the purchaser identification information upon demand by any law enforcement officer or authorized representative of the Attorney General. Copies of these bills of sale obtained by representatives of the Attorney General shall be maintained by the Department of Justice for a period of not less than five years. +(2) (A) Notwithstanding any other law, in all sales other than face-to-face or will-call sales the seller shall maintain for a period of five years the following sales information: the name and address of the purchaser, date of sale, product description, cost of product, method of payment, method of delivery, delivery address, and valid identifying information. +(B) For the purposes of this paragraph, “valid identifying information” includes two or more of the following: federal tax identification number; resale tax identification number; city or county business license number; license issued by the State Department of Public Health; registration number issued by the federal Drug Enforcement Administration; precursor business permit number issued by the Department of Justice; driver’s license; or other identification issued by a state. +(C) The seller shall, upon the request of any law enforcement officer or any authorized representative of the Attorney General, produce a report or record of sale containing the information in a readily presentable manner. +(D) If a common carrier is used, the seller shall maintain a manifest regarding the delivery in a readily presentable manner for a period of five years. +(b) +Any +A +manufacturer, wholesaler, retailer, or other person or entity in this state that purchases any item listed in subdivision (a) of Section 11107.1 shall do the following: +(1) Provide on the record of purchase information on the source of the items purchased, the date of purchase, a description of the specific items, the quantities of each item purchased, and the cost of the items purchased. +(2) Retain the record of purchase for three years in a readily presentable manner and present the record of purchase upon demand to any law enforcement officer or authorized representative of the Attorney General. +(c) (1) A first violation of this section is a misdemeanor. +(2) +Any +A +person who has previously been convicted of a violation of this section shall, upon a subsequent conviction thereof, be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding one hundred thousand dollars ($100,000), or both the fine and imprisonment. +SEC. 2. +Section 11107.2 is added to the Health and Safety Code, to read: +11107.2. +It is unlawful for a person to purchase more than 400 milliliters of butane in a calendar month. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires a person or entity that sells any quantity of specified substances to record the date of sale, product description, purchaser’s identification, and other specified information. Existing law requires the seller to retain this information for a period of 5 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. Existing law requires a person or entity that purchases any quantity of these specified substances to record the date of purchase, product description, and other specified information for a period of 3 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. A violation of these provisions is a crime. +This bill would add butane to the list of specified substances for which these requirements apply. The bill would also prohibit any person from purchasing more than 400 milliliters of butane in a calendar month. Because the bill would create a new crime, it would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 11107.1 of, and to add Section 11107.2 to, the Health and Safety Code, relating to controlled substances." +618,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 23399.45 of the Business and Professions Code is amended to read: +23399.45. +(a) For the purposes of this section: +(1) “Certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code. +(2) “Community event” means an event as defined by Section 113755 of the Health and Safety Code. +(b) (1) A licensed beer manufacturer may apply to the department for a certified farmers’ market beer sales permit. Subject to the requirements of Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code, and to the discretion and managerial control of a certified farmers’ market or community event operator, respectively, a certified farmers’ market beer sales permit shall authorize the licensee, a member of the licensee’s family who is 21 years of age or older, or an employee of the licensee to sell packaged beer that has been manufactured by a beer manufacturer applying for the permit at a certified farmers’ market, including any permitted community event area adjacent to, and operated in conjunction with, a certified farmers’ market, located within the county or an adjacent county of the physical location of the licensed beer manufacturer. +(2) (A) A certified farmers’ market beer sales permit shall also authorize an instructional tasting event on the subject of beer at a certified farmers’ market, including any permitted community event area adjacent to, and operated in conjunction with, a certified farmers’ market, located within the county or an adjacent county of the physical location of the licensed beer manufacturer. +(B) An instructional tasting event is subject to the authorization and managerial control of the applicable operator of the certified farmers’ market or community event. The licensee, a member of the licensee’s family who is 21 years of age or older, or an employee of the licensee may conduct the instructional tasting event. +(C) At all times during an instructional tasting event, the instructional tasting event area shall be separated from the remainder of the market or community event by a wall, rope, cable, cord, chain, fence, or other permanent or temporary barrier. +(D) Only one licensed beer manufacturer may conduct an instructional tasting event during the operational hours of any one certified farmers’ market or community event. The licensee shall not pour more than eight ounces of beer per person per day. +(E) The licensee shall not permit any consumer to leave the instructional tasting area with an open container of beer. +(c) Sales under the certified farmers’ market beer sales permit shall only occur at a certified farmers’ market or within a permitted community event area adjacent to, and operated in conjunction with, the certified farmers’ market that is located within the same county or adjacent county of the location of the licensed beer manufacturer’s manufacturing facility. The permit may be issued for up to 12 months but shall not be valid for more than one day a week at any single specified certified farmers’ market or community event location. A beer manufacturer may hold more than one permit. The department shall notify the city, county, or city and county and the applicable law enforcement agency where the certified farmers’ market or permitted community event is to be held of the issuance of the permit. +(d) The licensed beer manufacturer eligible for the certified farmers’ market beer sales permit shall not sell more than 5,000 gallons of beer annually pursuant to all certified farmers’ market beer sales permits held by any single beer manufacturer. The licensed beer manufacturer shall maintain records of annual beer sales made pursuant to all certified farmers’ market beer sales permits issued. +(e) The fee for any permit issued pursuant to this section shall be fifty dollars ($50), subject to adjustment pursuant to subdivisions (b) and (c) of Section 23320. +(f) All money collected as fees pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. +SEC. 2. +Section 24045.6 of the Business and Professions Code is amended to read: +24045.6. +(a) The department may issue a special temporary on-sale or off-sale beer or wine license to any nonprofit corporation that is exempt from payment of income taxes under Section 23701d or 23701e of the Revenue and Taxation Code and Section 501(c)(3) or 501(c)(6) of the Internal Revenue Code. An applicant for this license shall accompany the application with a fee of one hundred dollars ($100). +(b) This special license shall only entitle the licensee to sell beer or wine bought by, or donated to, the licensee to a consumer and to any person holding a license authorizing the sale of beer or wine. Notwithstanding any other provision of this division, a licensee may donate or sell beer or wine to a nonprofit corporation that obtains a special temporary on-sale or off-sale license under this section, provided that the donation is not made in connection with a sale of an alcoholic beverage. +(c) This special license shall be for a period not exceeding 15 days. In the event the license under this section is issued for a period exceeding two days, it shall be used solely for retail sales in conjunction with an identifiable fundraising event sponsored or conducted by the licensee and all bottles of beer or wine sold under this license shall bear a label prominently identifying the event. Only three special licenses authorized by this section shall be issued to any corporation in a calendar year. +SEC. 3. +Section 25607.5 of the Business and Professions Code is amended to read: +25607.5. +A nonprofit corporation that is required to obtain a license to sell beer or wine under Section 23300 may receive and possess beer or wine donated to it if, at the time of receipt of the beer or wine, the nonprofit corporation has submitted an application with the department for a license to sell the donated beer or wine. Nothing in this section is intended to affect or otherwise limit the application of Section 25503.9.","Existing law, the Alcoholic Beverage Control Act, authorizes a licensed winegrower or a licensed beer manufacturer to apply to the Department of Alcoholic Beverage Control for a certified farmers’ market sales permit, which allows, among others, the licensee to sell wine or beer at a certified farmers’ market, under specified conditions, and requires the licensee to pay a fee of $50 for the permit. Existing law requires a certified farmers’ market sales permit issued to a licensed winegrower, but not a licensed beer manufacturer, to allow an instructional tasting event on the subject of wine at a certified farmers’ market, under specified conditions. Existing law provides that moneys collected as fees pursuant to the act are to be deposited in the Alcohol Beverage Control Fund. These moneys are generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature. +This bill would also require a certified farmers’ market sales permit issued to a licensed beer manufacturer to allow an instructional tasting event on the subject of beer at a certified farmers’ market, under specified conditions. +Existing law authorizes specified nonprofit corporations that have not been issued a license authorizing the sale of wine to receive and possess wine donated to that nonprofit corporation, if the nonprofit corporation has submitted a license application to sell wine with the Department of Alcoholic Beverage Control. +This bill would additionally authorize those nonprofit corporations to receive and possess beer under the same circumstances. +Existing law authorizes the Department of Alcoholic Beverage Control to issue a special temporary on-sale or off-sale wine license to a nonprofit corporation that is exempt from payment of income taxes, subject to specified requirements and limitations. +This bill would extend this authorization to issue a special temporary on-sale or off-sale license to sell beer.","An act to amend Sections 23399.45, 24045.6, and 25607.5 of the Business and Professions Code, relating to alcoholic beverages." +619,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares that: +(a) All California women, regardless of income, should have access to reproductive health services. The state provides insurance coverage of reproductive health care and counseling to eligible, low-income women. Some of these programs have been recently established or expanded as a result of the federal Patient Protection and Affordable Care Act. +(b) Millions of California women are in need of publicly funded family planning services, contraception services and education, abortion services, and prenatal care and delivery. In 2012, more than 2.6 million California women were in need of publicly funded family planning services. More than 700,000 California women become pregnant every year and one-half of these pregnancies are unintended. In 2010, 64.3 percent of unplanned births in California were publicly funded. Yet, at the moment they learn that they are pregnant, thousands of women remain unaware of the public programs available to provide them with contraception, health education and counseling, family planning, prenatal care, abortion, or delivery. +(c) Because pregnancy decisions are time sensitive, and care early in pregnancy is important, California must supplement its own efforts to advise women of its reproductive health programs. In California, low-income women can receive immediate access to free or low-cost comprehensive family planning services and pregnancy-related care through the Medi-Cal and the Family PACT programs. However, only Medi-Cal providers who are enrolled in the Family PACT program are authorized to enroll patients immediately at their health centers. +(d) The most effective way to ensure that women quickly obtain the information and services they need to make and implement timely reproductive decisions is to require licensed health care facilities that are unable to immediately enroll patients into the Family PACT or Presumptive Eligibility for Pregnant Women Medi-Cal programs to advise each patient at the time of her visit of the various publicly funded family planning and pregnancy-related resources available in California, and the manner in which to directly and efficiently access those resources. +(e) It is also vital that pregnant women in California know when they are getting medical care from licensed professionals. Unlicensed facilities that advertise and provide pregnancy testing and care must advise clients, at the time they are seeking or obtaining care, that these facilities are not licensed to provide medical care. +SEC. 2. +The purpose of this act is to ensure that California residents make their personal reproductive health care decisions knowing their rights and the health care services available to them. +SEC. 3. +Article 2.7 (commencing with Section 123470) is added to Chapter 2 of Part 2 of Division 106 of the Health and Safety Code, to read: +Article 2.7. Reproductive FACT Act +123470. +This article shall be known and may be cited as the Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act or Reproductive FACT Act. +123471. +(a) For purposes of this article, and except as provided in subdivision (c), “licensed covered facility” means a facility licensed under Section 1204 or an intermittent clinic operating under a primary care clinic pursuant to subdivision (h) of Section 1206, whose primary purpose is providing family planning or pregnancy-related services, and that satisfies two or more of the following: +(1) The facility offers obstetric ultrasounds, obstetric sonograms, or prenatal care to pregnant women. +(2) The facility provides, or offers counseling about, contraception or contraceptive methods. +(3) The facility offers pregnancy testing or pregnancy diagnosis. +(4) The facility advertises or solicits patrons with offers to provide prenatal sonography, pregnancy tests, or pregnancy options counseling. +(5) The facility offers abortion services. +(6) The facility has staff or volunteers who collect health information from clients. +(b) For purposes of this article, subject to subdivision (c), “unlicensed covered facility” is a facility that is not licensed by the State of California and does not have a licensed medical provider on staff or under contract who provides or directly supervises the provision of all of the services, whose primary purpose is providing pregnancy-related services, and that satisfies two or more of the following: +(1) The facility offers obstetric ultrasounds, obstetric sonograms, or prenatal care to pregnant women. +(2) The facility offers pregnancy testing or pregnancy diagnosis. +(3) The facility advertises or solicits patrons with offers to provide prenatal sonography, pregnancy tests, or pregnancy options counseling. +(4) The facility has staff or volunteers who collect health information from clients. +(c) This article shall not apply to either of the following: +(1) A clinic directly conducted, maintained, or operated by the United States or any of its departments, officers, or agencies. +(2) A licensed primary care clinic that is enrolled as a Medi-Cal provider and a provider in the Family Planning, Access, Care, and Treatment Program. +123472. +(a) A licensed covered facility shall disseminate to clients on site the following notice in English and in the primary threshold languages for Medi-Cal beneficiaries as determined by the State Department of Health Care Services for the county in which the facility is located. +(1) The notice shall state: + + +“California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women. To determine whether you qualify, contact the county social services office at [insert the telephone number].” + + +(2) The information shall be disclosed in one of the following ways: +(A) A public notice posted in a conspicuous place where individuals wait that may be easily read by those seeking services from the facility. The notice shall be at least 8.5 inches by 11 inches and written in no less than 22-point type. +(B) A printed notice distributed to all clients in no less than 14-point type. +(C) A digital notice distributed to all clients that can be read at the time of check-in or arrival, in the same point type as other digital disclosures. A printed notice as described in subparagraph (B) shall be available for all clients who cannot or do not wish to receive the information in a digital format. +(3) The notice may be combined with other mandated disclosures. +(b) An unlicensed covered facility shall disseminate to clients on site and in any print and digital advertising materials including Internet Web sites, the following notice in English and in the primary threshold languages for Medi-Cal beneficiaries as determined by the State Department of Health Care Services for the county in which the facility is located. +(1) The notice shall state: “This facility is not licensed as a medical facility by the State of California and has no licensed medical provider who provides or directly supervises the provision of services.” +(2) The onsite notice shall be a sign at least 8.5 inches by 11 inches and written in no less than 48-point type, and shall be posted conspicuously in the entrance of the facility and at least one additional area where clients wait to receive services. +(3) The notice in the advertising material shall be clear and conspicuous. “Clear and conspicuous” means in larger point type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language. +123473. +(a) Covered facilities that fail to comply with the requirements of this article are liable for a civil penalty of five hundred dollars ($500) for a first offense and one thousand dollars ($1,000) for each subsequent offense. The Attorney General, city attorney, or county counsel may bring an action to impose a civil penalty pursuant to this section after doing both of the following: +(1) Providing the covered facility with reasonable notice of noncompliance, which informs the facility that it is subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the facility. +(2) Verifying that the violation was not corrected within the 30-day period described in paragraph (1). +(b) The civil penalty shall be deposited into the General Fund if the action is brought by the Attorney General. If the action is brought by a city attorney, the civil penalty shall be paid to the treasurer of the city in which the judgment is entered. If the action is brought by a county counsel, the civil penalty shall be paid to the treasurer of the county in which the judgment is entered. +SEC. 4. +The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law, the Reproductive Privacy Act, provides that every individual possesses a fundamental right of privacy with respect to reproductive decisions. Existing law provides that the state shall not deny or interfere with a woman’s right to choose or obtain an abortion prior to viability of the fetus, as defined, or when necessary to protect her life or health. Existing law specifies the circumstances under which the performance of an abortion is deemed unauthorized. +This bill would enact the Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act, which would require a licensed covered facility, as defined, to disseminate a notice to all clients, as specified, stating, among other things, that California has public programs that provide immediate free or low-cost access to comprehensive family planning services, prenatal care, and abortion, for eligible women. The bill would also require an unlicensed covered facility, as defined, to disseminate a notice to all clients, as specified, stating, among other things, that the facility is not licensed as a medical facility by the State of California. +The bill would authorize the Attorney General, city attorney, or county counsel to bring an action to impose a specified civil penalty against covered facilities that fail to comply with these requirements.","An act to add Article 2.7 (commencing with Section 123470) to Chapter 2 of Part 2 of Division 106 of the Health and Safety Code, relating to public health." +620,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 23355.3 is added to the Business and Professions Code, to read: +23355.3. +(a) A licensee may sponsor or otherwise participate in an event conducted by, and for the benefit of, a nonprofit organization in which retail and nonretail licensees are involved as sponsors or participants, subject to all of the following conditions: +(1) Except as otherwise provided in this section, any payment of money or other consideration for sponsorship or participation in the event shall be made only to the nonprofit organization conducting the event. +(2) Except as otherwise provided in this section, a nonretail licensee shall not, directly or indirectly, pay money or provide any other thing of value to a permanent retail licensee that is also a sponsor of, or participant in, the event. +(3) A nonretail licensee may donate alcoholic beverages to a nonprofit only as otherwise authorized by Section 25503.9. +(4) Except as otherwise provided by this division, a retail licensee shall not give, sell, or furnish any alcoholic beverages to the temporary licensee. +(5) A nonretail or retail licensee may choose to participate in any level of sponsorship, including at the name or principal sponsor level. A nonprofit organization may choose to have one, or multiple, name or principal sponsors. +(6) (A) A nonretail licensee may advertise or communicate sponsorship or participation in the event. This advertising or communication may include, but is not limited to, initiating, sharing, reposting, or otherwise forwarding a social media post by a permanent retail licensee or a nonretail licensee if the advertisement or communication does not contain the retail price of any alcoholic beverage or otherwise promotes a retail licensee beyond its sponsorship or participation in the event. +(B) A nonretail licensee shall not pay or reimburse a permanent licensee, directly or indirectly, for any advertising services, including by way of social media. Except as otherwise permitted by this section, a permanent retail licensee shall not accept any payment or reimbursement, directly or indirectly, for any advertising services offered by a nonretail licensee. +(C) For the purposes of this subdivision, “social media” means a service, platform, application, or site where users communicate and share media, such as pictures, videos, music, and blogs, with other users. +(7) A nonretail licensee shall not require, directly or indirectly, as a condition of sponsorship or participation in any event under this section, that its products be sold or served exclusively at the event. A retail licensee shall not receive, directly or indirectly, any advertising, sale, or promotional benefit from any permanent retail licensee in connection with the sponsorship or participation. A permanent retail licensee shall not offer or provide a nonretail licensee any advertising, sale, or promotional benefit in connection with the sponsorship or participation. +(b) This section does not authorize a nonretail licensee to pay, in whole or in part, any costs, including the cost of sponsorship, of any retail licensee that is sponsoring or participating in a nonprofit event. +(c) A licensee that sponsors or participates in a nonprofit event under this section shall keep detailed records of its sponsorship or participation and shall maintain those records for a period of at least three years. These records shall be provided to the department upon request. +(d) Nothing in this section shall be deemed to exempt the nonprofit organization from obtaining any licenses or permits as may be required to conduct the event. +SEC. 2. +Section 23399.65 is added to the Business and Professions Code, to read: +23399.65. +(a) A licensed beer manufacturer may apply to the department for a brewery event permit. A brewery event permit shall authorize the sale of beer produced by the licensee pursuant to Section 23357 for consumption on property contiguous and adjacent to the licensed premises owned or under the control of the licensee. The property shall be secured and controlled by the licensee. +(b) (1) The fee for a brewery event permit for a licensed beer manufacturer shall be one hundred ten dollars ($110) for a permit issued during the 2016 calendar year, and for a permit issued during the years thereafter, the annual fee shall be calculated pursuant to subdivisions (b) and (c) of Section 23320. The permit may be renewed annually at the same time as the licensee’s license. A brewery event permit shall be transferable as a part of the license. +(2) For each brewery event, consent for the sale of beer pursuant to subdivision (a) at the brewery event shall be first obtained by the licensee from the department in the form of an event authorization issued by the department. An event authorization shall be subject to approval by the appropriate local law enforcement agency. The fee for each event authorization shall not exceed twenty-five dollars ($25). The number of events authorized by a brewery event permit shall not exceed four in any calendar year. +(3) All moneys collected as fees pursuant to this subdivision shall be deposited in the Alcohol Beverage Control Fund, as described in Section 25761, for allocation, upon appropriation by the Legislature, as provided in subdivision (d) of that section. +(c) At all approved events, the licensee may exercise only those privileges authorized by the licensee’s license and shall comply with all provisions of the act pertaining to the conduct of on-sale premises, and violation of those provisions may be grounds for suspension or revocation of the licensee’s license or permit, or both, as though the violation occurred on the licensed premises. +(d) The department may adopt any regulations it determines to be necessary for the administration of this section. +SEC. 3. +Section 23402.5 is added to the Business and Professions Code, to read: +23402.5. +(a) A retail licensee shall not sell or offer for sale any beer that is purchased from a beer manufacturer at the beer manufacturer’s licensed premises under any of the following circumstances: +(1) The beer manufacturer from which the beer is purchased has not filed a price schedule pursuant to Chapter 12 (commencing with Section 25000) for the sale of that beer in the county in which the retail licensee’s premises at which the beer is being sold or offered for sale is located. +(2) The price at which the retailer purchases the beer is different from the price in the price schedule filed by the beer manufacturer pursuant to Chapter 12 (commencing with Section 25000) from which the beer is purchased. +(3) The beer container contains the statement or is marked “Not Packaged for Resale”. +(b) Nothing in this section creates any exception to the requirements of Chapter 12 (commencing with Section 25000). +SEC. 4. +Section 25500 of the Business and Professions Code is amended to read: +25500. +(a) No manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of any such person shall: +(1) Hold the ownership, directly or indirectly, of any interest in any on-sale license. +(2) Furnish, give, or lend any money or other thing of value, directly or indirectly, to, or guarantee the repayment of any loan or the fulfillment of any financial obligation of, any person engaged in operating, owning, or maintaining any on-sale premises where alcoholic beverages are sold for consumption on the premises. +(3) Own any interest, directly or indirectly, in the business, furniture, fixtures, refrigeration equipment, signs, except signs for interior use mentioned in subdivision (g) of Section 25503, or lease in or of any premises operated or maintained under any on-sale license for the sale of alcoholic beverages for consumption on the premises where sold; or own any interest, directly or indirectly, in realty acquired after June 13, 1935, upon which on-sale premises are maintained unless the holding of the interest is permitted in accordance with rules of the department. +(b) This section does not apply to the holding by one person of a wholesaler’s license and an on-sale license in counties not to exceed 15,000 population. +(c) This section does not apply to the financial or representative relationship between a manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of such person, and a person holding only one of the following types of licenses: +(1) On-sale general license for a bona fide club. +(2) Club license issued under Article 4 (commencing with Section 23425) of Chapter 3. +(3) Veterans’ club license issued under Article 5 (commencing with Section 23450) of Chapter 3. +(4) On-sale license for boats, trains, sleeping cars, or airplanes where the alcoholic beverages produced or sold by the manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, bottler, importer, or wholesaler or any officer, director, or agent of the person are not sold, furnished, or given, directly or indirectly to the on-sale licensee. +(d) This section does not apply to an employee of a licensee referred to in subdivision (a) who is a nonadministrative and nonsupervisorial employee. +(e) Notwithstanding any other provision of this division or regulation of the department, this section does not apply to an employee of a licensee referred to in subdivision (a) who is the spouse of an on-sale licensee, so long as the on-sale licensee does not purchase, offer for sale, or promote, regardless of source, any of the brands of alcoholic beverages that are produced, bottled, processed, imported, rectified, distributed, represented, or sold by any licensee referred to in subdivision (a) that employs the spouse of the on-sale licensee. +(f) (1) Nothing in this division prohibits the holder of any retail on-sale or off-sale license from purchasing advertising in any publication published by a nonretail licensee. +(2) For purposes of this subdivision: +(A) “Nonretail licensee” means any manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, distiller, bottler, importer, or wholesaler, or any person who does not directly or indirectly hold the ownership of any interest in a retail license. +(B) “Publication published by a nonretail licensee” includes Internet Web sites and social media feeds operated and maintained by or for a nonretail licensee under an account or Internet Web site address owned by the nonretail licensee. +SEC. 5. +Section 25666 of the Business and Professions Code is amended to read: +25666. +(a) In any hearing on an accusation charging a licensee with a violation of Sections 25658, 25663, and 25665, the department shall produce the alleged minor for examination at the hearing unless he or she is unavailable as a witness because he or she is dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor. When a minor is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor if the administrative law judge finds that it is reasonably likely that the minor can be produced within a reasonable amount of time. +(b) (1) Nothing in this section shall prevent the department from taking testimony of the minor as provided in Section 11511 of the Government Code. +(2) This section is not intended to preclude the continuance of a hearing because of the unavailability of a minor for any other reason pursuant to Section 11524 of the Government Code. +SEC. 6. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) The Alcoholic Beverage Control Act regulates the application for, the issuance of, the suspension of, and the conditions imposed upon, various alcoholic beverage licenses pursuant to which the licensees may exercise specified privileges in the state. +This bill would authorize licensees to sponsor or otherwise participate in an event conducted by, and for the benefit of, a nonprofit organization subject to specified conditions, including that a nonretail or retail licensee may choose to participate in any level of sponsorship. +(2) The Alcoholic Beverage Control Act authorizes a licensed winegrower to apply to the Department of Alcoholic Beverage Control for a wine sales event permit that allows the sale of bottled wine produced by that winegrower at specified events approved by the department. The act prohibits a wine sales event permit from being used more than 2 times a month at a particular location, and requires the winegrower to pay a fee of $50 for the permit. The act provides that moneys collected as fees pursuant to the act are to be deposited in the Alcohol Beverage Control Fund. These moneys are generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature. +This bill would authorize a licensed beer manufacturer to apply to the department for a brewery event permit that allows the sale of beer produced by that beer manufacturer for consumption on property contiguous and adjacent to the licensed premises of the manufacturer, as provided. The bill would authorize a fee for a brewery event permit of $110 for the 2016 calendar year, and thereafter as provided, and an event authorization fee of not more than $25 for each approved event. The bill would allow up to 4 authorized events each calendar year. +(3) Existing law, known as tied-house restrictions, generally prohibits a manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, distiller, bottler, importer, and wholesaler, and any officer, director, or agent of any of those persons, from having specified relationships with an on-sale alcoholic beverage licensee, with limited exceptions. Existing law specifies that the Alcoholic Beverage Control Act does not prohibit holders of retail on-sale or off-sale licenses from purchasing advertising in any publication by specified alcoholic beverage licensees. +This bill would specify that the act does not prohibit purchasing advertising in a publication published by a nonretail licensee, as defined, and would include Internet Web sites and social media feeds as types of publications for these purposes. +(4) The Alcoholic Beverage Control Act authorizes specified licensees to purchase alcoholic beverages for resale under specified circumstances. The act provides that a person convicted of a violation of its provisions is guilty of a misdemeanor unless another penalty or punishment is specifically provided. +This bill would prohibit a retail licensee from purchasing beer from any beer manufacturer for the purpose of selling or offering to sell that beer under specified circumstances, including where the beer container contains the statement or is marked “Not Packaged for Resale”. +By expanding the scope of a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +(5) Existing law requires the Department of Alcoholic Beverage Control, in any hearing on an accusation charging a licensee with a violation of specified provisions relating to minors, to produce the alleged minor for examination at the hearing unless he or she is unavailable as a witness because he or she is dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor. Existing law provides that when a minor is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor if the administrative law judge finds that it is reasonably likely that the minor can be produced within a reasonable amount of time. +This bill would state that the above provisions are not intended to preclude the continuance of a hearing because of the unavailability of a minor for any other reason pursuant to a specified provision.","An act to amend Sections 25500 and 25666 of, and to add Sections 23355.3, 23399.65, and 23402.5 to, the Business and Professions Code, relating to alcoholic beverages." +621,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares that due to the ongoing emergency drought conditions the state should maximize opportunities to conserve potable water, including encouraging homeowners to limit the watering of outdoor landscaping and removing all impediments to that goal. +SEC. 2. +Section 4735 of the Civil Code is amended to read: +4735. +(a) Notwithstanding any other law, a provision of the governing documents or architectural or landscaping guidelines or policies shall be void and unenforceable if it does any of the following: +(1) Prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf. +(2) Has the effect of prohibiting or restricting compliance with either of the following: +(A) A water-efficient landscape ordinance adopted or in effect pursuant to subdivision (c) of Section 65595 of the Government Code. +(B) Any regulation or restriction on the use of water adopted pursuant to Section 353 or 375 of the Water Code. +(b) This section shall not prohibit an association from applying landscaping rules established in the governing documents, to the extent the rules fully conform with subdivision (a). +(c) Notwithstanding any other provision of this part, except as provided in subdivision (d), an association shall not impose a fine or assessment against an owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during any period for which either of the following have occurred: +(1) The Governor has declared a state of emergency due to drought pursuant to subdivision (b) of Section 8558 of the Government Code. +(2) A local government has declared a local emergency due to drought pursuant to subdivision (c) of Section 8558 of the Government Code. +(d) Subdivision (c) shall not apply to an owner of a separate interest that, prior to the imposition of a fine or assessment described in subdivision (c), receives recycled water, as defined in Section 13050 of the Water Code, from a retail water supplier, as defined in Section 13575 of the Water Code, and fails to use that recycled water for landscaping irrigation. +SEC. 2.5. +Section 4735 of the Civil Code is amended to read: +4735. +(a) Notwithstanding any other law, a provision of the governing documents or architectural or landscaping guidelines or policies shall be void and unenforceable if it does any of the following: +(1) Prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf. +(2) Prohibits, or includes conditions that have the effect of prohibiting, the use of artificial turf or any other synthetic surface that resembles grass. +(3) Has the effect of prohibiting or restricting compliance with either of the following: +(A) A water-efficient landscape ordinance adopted or in effect pursuant to subdivision (c) of Section 65595 of the Government Code. +(B) Any regulation or restriction on the use of water adopted pursuant to Section 353 or 375 of the Water Code. +(b) This section shall not prohibit an association from applying landscaping rules established in the governing documents, to the extent the rules fully conform with subdivision (a). +(c) Notwithstanding any other provision of this part, except as provided in subdivision (d), an association shall not impose a fine or assessment against an owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during any period for which either of the following have occurred: +(1) The Governor has declared a state of emergency due to drought pursuant to subdivision (b) of Section 8558 of the Government Code. +(2) A local government has declared a local emergency due to drought pursuant to subdivision (c) of Section 8558 of the Government Code. +(d) Subdivision (c) shall not apply to an owner of a separate interest that, prior to the imposition of a fine or assessment described in subdivision (c), receives recycled water, as defined in Section 13050 of the Water Code, from a retail water supplier, as defined in Section 13575 of the Water Code, and fails to use that recycled water for landscaping irrigation. +(e) An owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declaration of a state of emergency described in subdivision (c) shall not be required to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency. +SEC. 3. +Section 2.5 of this bill incorporates amendments to Section 4735 of the Civil Code proposed by both this bill and Assembly Bill 349. It shall only become operative if (1) both bills are enacted and become effective, (2) each bill amends Section 4735 of the Civil Code, and (3) this bill is enacted after Assembly Bill 349, in which case Section 2 of this bill shall not become operative. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +California is in a state of emergency because of the continued drought. In response, Governor Brown issued Executive Order B-29-15, ordering a 25 percent statewide reduction in urban water consumption. Because residential landscaping accounts for 35 percent or more of the average urban water usage statewide, many homeowners have voluntarily ceased watering landscaping in order to assist with the drought emergency. However, some homeowners associations have interpreted existing law to allow them to fine homeowners who voluntarily cease using potable water on their landscaping if the homeowners association itself is using a de minimis amount of recycled water on common areas. This is directly contrary to the state’s need to conserve the precious and dwindling water supplied for urban, agricultural, and environmental needs.","The Davis-Stirling Common Interest Development Act governs the management and operation of common interest developments. Existing law provides that, unless otherwise provided in the common interest development declaration, the association is responsible for repairing, replacing, or maintaining the common area, other than exclusive use common area, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to that interest. Existing law makes void and unenforceable any provision of the governing documents or architectural or landscaping guidelines or policies that prohibits use of low water-using plants, or prohibits or restricts compliance with water-efficient landscape ordinances or regulations on the use of water, as specified. +Existing law also prohibits an association, except an association that uses recycled water for landscape irrigation, from imposing a fine or assessment on separate interest owners for reducing or eliminating watering of vegetation or lawns during any period for which the Governor has declared a state of emergency or the local government has declared a local emergency due to drought. +This bill would revise that exception to instead authorize the imposition of a fine or assessment against the owner of a separate interest that receives recycled water from a retail water supplier, as defined, and fails to use that recycled water for landscaping irrigation. +This bill would incorporate additional changes to Section 4735 of the Civil Code proposed by AB 349 that would become operative if this bill and AB 349 are enacted and this bill is enacted last. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 4735 of the Civil Code, relating to common interest developments, and declaring the urgency thereof, to take effect immediately." +622,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4040 of the Business and Professions Code is amended to read: +4040. +(a) “Prescription” means an oral, written, or electronic transmission order that is both of the following: +(1) Given individually for the person or persons for whom ordered that includes all of the following: +(A) The name or names and address of the patient or patients. +(B) The name and quantity of the drug or device prescribed and the directions for use. +(C) The date of issue. +(D) Either rubber stamped, typed, or printed by hand or typeset, the name, address, and telephone number of the prescriber, his or her license classification, and his or her federal registry number, if a controlled substance is prescribed. +(E) A legible, clear notice of the condition or purpose for which the drug is being +prescribed, if requested by the patient or patients. +prescribed. This notice shall indicate that, at the request of the prescriber or patient, the information regarding the condition or purpose shall be omitted from the container label information pursuant to Section 4076. +(F) If in writing, signed by the prescriber issuing the order, or the certified nurse-midwife, nurse practitioner, physician assistant, or naturopathic doctor who issues a drug order pursuant to Section 2746.51, 2836.1, 3502.1, or 3640.5, respectively, or the pharmacist who issues a drug order pursuant to Section 4052.1, 4052.2, or 4052.6. +(2) Issued by a physician, dentist, optometrist, podiatrist, veterinarian, or naturopathic doctor pursuant to Section 3640.7 or, if a drug order is issued pursuant to Section 2746.51, 2836.1, 3502.1, or 3460.5, by a certified nurse-midwife, nurse practitioner, physician assistant, or naturopathic doctor licensed in this state, or pursuant to Section 4052.1, 4052.2, or 4052.6 by a pharmacist licensed in this state. +(b) Notwithstanding subdivision (a), a written order of the prescriber for a dangerous drug, except for any Schedule II controlled substance, that contains at least the name and signature of the prescriber, the name and address of the patient in a manner consistent with paragraph (2) of subdivision (a) of Section 11164 of the Health and Safety Code, the name and quantity of the drug prescribed, directions for use, and the date of issue may be treated as a prescription by the dispensing pharmacist as long as any additional information required by subdivision (a) is readily retrievable in the pharmacy. In the event of a conflict between this subdivision and Section 11164 of the Health and Safety Code, Section 11164 of the Health and Safety Code shall prevail. +(c) “Electronic transmission prescription” includes both image and data prescriptions. “Electronic image transmission prescription” means any prescription order for which a facsimile of the order is received by a pharmacy from a licensed prescriber. “Electronic data transmission prescription” means any prescription order, other than an electronic image transmission prescription, that is electronically transmitted from a licensed prescriber to a pharmacy. +(d) The use of commonly used abbreviations shall not invalidate an otherwise valid prescription. +(e) Nothing in the amendments made to this section (formerly Section 4036) at the 1969 Regular Session of the Legislature shall be construed as expanding or limiting the right that a chiropractor, while acting within the scope of his or her license, may have to prescribe a device. +SEC. 2. +Section 4076 of the Business and Professions Code is amended to read: +4076. +(a) A pharmacist shall not dispense any prescription except in a container that meets the requirements of state and federal law and is correctly labeled with all of the following: +(1) Except when the prescriber or the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6 orders otherwise, either the manufacturer’s trade name of the drug or the generic name and the name of the manufacturer. Commonly used abbreviations may be used. Preparations containing two or more active ingredients may be identified by the manufacturer’s trade name or the commonly used name or the principal active ingredients. +(2) The directions for the use of the drug. +(3) The name of the patient or patients. +(4) The name of the prescriber or, if applicable, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6. +(5) The date of issue. +(6) The name and address of the pharmacy, and prescription number or other means of identifying the prescription. +(7) The strength of the drug or drugs dispensed. +(8) The quantity of the drug or drugs dispensed. +(9) The expiration date of the effectiveness of the drug dispensed. +(10) The condition or purpose for which the drug was +prescribed if the +prescribed, unless the patient or prescriber has requested that the +condition or purpose +is +not be +indicated on the +prescription. +prescription container label. +(11) (A) Commencing January 1, 2006, the physical description of the dispensed medication, including its color, shape, and any identification code that appears on the tablets or capsules, except as follows: +(i) Prescriptions dispensed by a veterinarian. +(ii) An exemption from the requirements of this paragraph shall be granted to a new drug for the first 120 days that the drug is on the market and for the 90 days during which the national reference file has no description on file. +(iii) Dispensed medications for which no physical description exists in any commercially available database. +(B) This paragraph applies to outpatient pharmacies only. +(C) The information required by this paragraph may be printed on an auxiliary label that is affixed to the prescription container. +(D) This paragraph shall not become operative if the board, prior to January 1, 2006, adopts regulations that mandate the same labeling requirements set forth in this paragraph. +(b) If a pharmacist dispenses a prescribed drug by means of a unit dose medication system, as defined by administrative regulation, for a patient in a skilled nursing, intermediate care, or other health care facility, the requirements of this section will be satisfied if the unit dose medication system contains the aforementioned information or the information is otherwise readily available at the time of drug administration. +(c) If a pharmacist dispenses a dangerous drug or device in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include on individual unit dose containers for a specific patient, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6. +(d) If a pharmacist dispenses a prescription drug for use in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include the information required in paragraph (11) of subdivision (a) when the prescription drug is administered to a patient by a person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), or the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840)), who is acting within his or her scope of practice. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SECTION 1. +Section 4070 of the +Business and Professions Code +is amended to read: +4070. +(a)Except as provided in Section 4019 and subdivision (b), an oral or an electronic data transmission prescription as defined in subdivision (c) of Section 4040 shall, as soon as practicable, be reduced to writing by the pharmacist and shall be filled by, or under the direction of, the pharmacist. The pharmacist does not need to reduce to writing the address, telephone number, license classification, federal registry number of the prescriber or the address of the patient or patients if the information is readily retrievable in the pharmacy. +(b)A pharmacy receiving an electronic transmission prescription shall not be required to reduce that prescription to writing or to hard copy form if, for three years from the last date of furnishing pursuant to that prescription or order, the pharmacy is able, upon request by the board, to immediately produce a hard copy report that includes for each date of dispensing of a dangerous drug or dangerous device pursuant to that prescription or order: (1) all of the information described in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a) of Section 4040, and (2) the name or identifier of the pharmacist who dispensed the dangerous drug or dangerous device. This subdivision shall not apply to prescriptions for controlled substances classified in Schedule II, III, IV, or V, except as permitted pursuant to Section 11164.5 of the Health and Safety Code. +(c)If only recorded and stored electronically, on magnetic media, or in any other computerized form, the pharmacy’s computer system shall not permit the received information or the dangerous drug or dangerous device dispensing information required by this section to be changed, obliterated, destroyed, or disposed of, for the record maintenance period required by law once the information has been received by the pharmacy and once the dangerous drug or dangerous device has been dispensed. Once a dangerous drug or dangerous device has been dispensed, if the previously created record is determined to be incorrect, a correcting addition may be made only by or with the approval of a pharmacist. After a pharmacist enters the change or enters his or her approval of the change into the computer, the resulting record shall include the correcting addition and the date it was made to the record, the identity of the person or pharmacist making the correction, and the identity of the pharmacist approving the correction. +(d)Nothing in this section shall impair the requirement to have an electronically transmitted prescription transmitted only to the pharmacy of the patient’s choice or to have a written prescription. This requirement shall not apply to orders for medications to be administered in an acute care hospital.","Existing law, the Pharmacy Law, establishes the California State Board of Pharmacy and sets forth its powers and duties, including, but not limited to, the licensing and regulation of pharmacists. Existing law makes a knowing violation of these provisions a crime. +Existing law requires every prescription, as defined, to include a legible, clear notice of the condition or purpose for which the drug is prescribed, if requested by the patient. Existing law prohibits a pharmacist from dispensing any prescription unless it is in a specified container that is correctly labeled to include, among other information, the condition or purpose for which the drug was prescribed, if the condition or purpose is indicated on the prescription. +This bill would instead require that every prescription include a legible, clear notice of the condition or purpose for which the drug is prescribed, and would authorize the prescriber or patient to request that this information not be included in the prescription container label. This bill would, similarly, require that every prescription container be correctly labeled to include that information, unless omission of that information has been requested by the prescriber or patient. +By establishing these additional requirements, the knowing violation of which would be a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +Existing law, the Pharmacy Law, requires an oral or an electronic data transmission prescription to be reduced to writing by the pharmacist and to be filled by, or under the direction of, the pharmacist. Under existing law, the pharmacist does not need to reduce to writing the address, telephone number, license classification, federal registry number of the prescriber or the address of the patient or patients if the information is readily retrievable in the pharmacy. +This bill would make nonsubstantive changes to those provisions.","An act to amend Section 4070 of the Business and Professions Code, relating to healing arts. +An act to amend Sections 4040 and 4076 of the Business and Professions Code, relating to pharmacists." +623,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1374.73 of the Health and Safety Code is amended to read: +1374.73. +(a) (1) Every health care service plan contract that provides hospital, medical, or surgical coverage shall also provide coverage for behavioral health treatment for pervasive developmental disorder or autism no later than July 1, 2012. The coverage shall be provided in the same manner and shall be subject to the same requirements as provided in Section 1374.72. +(2) Notwithstanding paragraph (1), as of the date that proposed final rulemaking for essential health benefits is issued, this section does not require any benefits to be provided that exceed the essential health benefits that all health plans will be required by federal regulations to provide under Section 1302(b) of the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). +(3) This section shall not affect services for which an individual is eligible pursuant to Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code or Title 14 (commencing with Section 95000) of the Government Code. +(4) This section shall not affect or reduce any obligation to provide services under an individualized education program, as defined in Section 56032 of the Education Code, or an individual service plan, as described in Section 5600.4 of the Welfare and Institutions Code, or under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and its implementing regulations. +(b) Every health care service plan subject to this section shall maintain an adequate network that includes qualified autism service providers who supervise and employ qualified autism service professionals or paraprofessionals who provide and administer behavioral health treatment. Nothing shall prevent a health care service plan from selectively contracting with providers within these requirements. +(c) For the purposes of this section, the following definitions shall apply: +(1) “Behavioral health treatment” means professional services and treatment programs, including applied behavior analysis and evidence-based behavior intervention programs, that develop or restore, to the maximum extent practicable, the functioning of an individual with pervasive developmental disorder or autism and that meet all of the following criteria: +(A) The treatment is prescribed by a physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) of, or is developed by a psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900) of, Division 2 of the Business and Professions Code. +(B) The treatment is provided under a treatment plan prescribed by a qualified autism service provider and is administered by one of the following: +(i) A qualified autism service provider. +(ii) A qualified autism service professional supervised and employed by the qualified autism service provider. +(iii) A qualified autism service paraprofessional supervised and employed by a qualified autism service provider. +(C) The treatment plan has measurable goals over a specific timeline that is developed and approved by the qualified autism service provider for the specific patient being treated. The treatment plan shall be reviewed no less than once every six months by the qualified autism service provider and modified whenever appropriate, and shall be consistent with Section 4686.2 of the Welfare and Institutions Code pursuant to which the qualified autism service provider does all of the following: +(i) Describes the patient’s behavioral health impairments or developmental challenges that are to be treated. +(ii) Designs an intervention plan that includes the service type, number of hours, and parent participation needed to achieve the plan’s goal and objectives, and the frequency at which the patient’s progress is evaluated and reported. +(iii) Provides intervention plans that utilize evidence-based practices, with demonstrated clinical efficacy in treating pervasive developmental disorder or autism. +(iv) Discontinues intensive behavioral intervention services when the treatment goals and objectives are achieved or no longer appropriate. +(D) The treatment plan is not used for purposes of providing or for the reimbursement of respite, day care, or educational services and is not used to reimburse a parent for participating in the treatment program. The treatment plan shall be made available to the health care service plan upon request. +(2) “Pervasive developmental disorder or autism” shall have the same meaning and interpretation as used in Section 1374.72. +(3) “Qualified autism service provider” means either of the following: +(A) A person, entity, or group that is certified by a national entity, such as the Behavior Analyst Certification Board, that is accredited by the National Commission for Certifying Agencies, and who designs, supervises, or provides treatment for pervasive developmental disorder or autism, provided the services are within the experience and competence of the person, entity, or group that is nationally certified. +(B) A person licensed as a physician and surgeon, physical therapist, occupational therapist, psychologist, marriage and family therapist, educational psychologist, clinical social worker, professional clinical counselor, speech-language pathologist, or audiologist pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, who designs, supervises, or provides treatment for pervasive developmental disorder or autism, provided the services are within the experience and competence of the licensee. +(4) “Qualified autism service professional” means an individual who meets all of the following criteria: +(A) Provides behavioral health treatment. +(B) Is employed and supervised by a qualified autism service provider. +(C) Provides treatment pursuant to a treatment plan developed and approved by the qualified autism service provider. +(D) Is a behavioral service provider approved as a vendor by a California regional center to provide services as an Associate Behavior Analyst, Behavior Analyst, Behavior Management Assistant, Behavior Management Consultant, or Behavior Management Program as defined in Section 54342 of Article 3 of Subchapter 2 of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations. +(E) Has training and experience in providing services for pervasive developmental disorder or autism pursuant to Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code or Title 14 (commencing with Section 95000) of the Government Code. +(5) “Qualified autism service paraprofessional” means an unlicensed and uncertified individual who meets all of the following criteria: +(A) Is employed and supervised by a qualified autism service provider. +(B) Provides treatment and implements services pursuant to a treatment plan developed and approved by the qualified autism service provider. +(C) Meets the criteria set forth in the regulations adopted pursuant to Section 4686.3 of the Welfare and Institutions Code. +(D) Has adequate education, training, and experience, as certified by a qualified autism service provider. +(d) This section shall not apply to the following: +(1) A specialized health care service plan that does not deliver mental health or behavioral health services to enrollees. +(2) A health care service plan contract in the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). +(3) A health care service plan contract in the Healthy Families Program (Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code). +(4) A health care benefit plan or contract entered into with the Board of Administration of the Public Employees’ Retirement System pursuant to the Public Employees’ Medical and Hospital Care Act (Part 5 (commencing with Section 22750) of Division 5 of Title 2 of the Government Code). +(e) Nothing in this section shall be construed to limit the obligation to provide services under Section 1374.72. +(f) As provided in Section 1374.72 and in paragraph (1) of subdivision (a), in the provision of benefits required by this section, a health care service plan may utilize case management, network providers, utilization review techniques, prior authorization, copayments, or other cost sharing. +SEC. 2. +Section 10144.51 of the Insurance Code is amended to read: +10144.51. +(a) (1) Every health insurance policy shall also provide coverage for behavioral health treatment for pervasive developmental disorder or autism no later than July 1, 2012. The coverage shall be provided in the same manner and shall be subject to the same requirements as provided in Section 10144.5. +(2) Notwithstanding paragraph (1), as of the date that proposed final rulemaking for essential health benefits is issued, this section does not require any benefits to be provided that exceed the essential health benefits that all health insurers will be required by federal regulations to provide under Section 1302(b) of the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). +(3) This section shall not affect services for which an individual is eligible pursuant to Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code or Title 14 (commencing with Section 95000) of the Government Code. +(4) This section shall not affect or reduce any obligation to provide services under an individualized education program, as defined in Section 56032 of the Education Code, or an individual service plan, as described in Section 5600.4 of the Welfare and Institutions Code, or under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and its implementing regulations. +(b) Pursuant to Article 6 (commencing with Section 2240) of Subchapter 2 of Chapter 5 of Title 10 of the California Code of Regulations, every health insurer subject to this section shall maintain an adequate network that includes qualified autism service providers who supervise and employ qualified autism service professionals or paraprofessionals who provide and administer behavioral health treatment. Nothing shall prevent a health insurer from selectively contracting with providers within these requirements. +(c) For the purposes of this section, the following definitions shall apply: +(1) “Behavioral health treatment” means professional services and treatment programs, including applied behavior analysis and evidence-based behavior intervention programs, that develop or restore, to the maximum extent practicable, the functioning of an individual with pervasive developmental disorder or autism, and that meet all of the following criteria: +(A) The treatment is prescribed by a physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) of, or is developed by a psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900) of, Division 2 of the Business and Professions Code. +(B) The treatment is provided under a treatment plan prescribed by a qualified autism service provider and is administered by one of the following: +(i) A qualified autism service provider. +(ii) A qualified autism service professional supervised and employed by the qualified autism service provider. +(iii) A qualified autism service paraprofessional supervised and employed by a qualified autism service provider. +(C) The treatment plan has measurable goals over a specific timeline that is developed and approved by the qualified autism service provider for the specific patient being treated. The treatment plan shall be reviewed no less than once every six months by the qualified autism service provider and modified whenever appropriate, and shall be consistent with Section 4686.2 of the Welfare and Institutions Code pursuant to which the qualified autism service provider does all of the following: +(i) Describes the patient’s behavioral health impairments or developmental challenges that are to be treated. +(ii) Designs an intervention plan that includes the service type, number of hours, and parent participation needed to achieve the plan’s goal and objectives, and the frequency at which the patient’s progress is evaluated and reported. +(iii) Provides intervention plans that utilize evidence-based practices, with demonstrated clinical efficacy in treating pervasive developmental disorder or autism. +(iv) Discontinues intensive behavioral intervention services when the treatment goals and objectives are achieved or no longer appropriate. +(D) The treatment plan is not used for purposes of providing or for the reimbursement of respite, day care, or educational services and is not used to reimburse a parent for participating in the treatment program. The treatment plan shall be made available to the insurer upon request. +(2) “Pervasive developmental disorder or autism” shall have the same meaning and interpretation as used in Section 10144.5. +(3) “Qualified autism service provider” means either of the following: +(A) A person, entity, or group that is certified by a national entity, such as the Behavior Analyst Certification Board, that is accredited by the National Commission for Certifying Agencies, and who designs, supervises, or provides treatment for pervasive developmental disorder or autism, provided the services are within the experience and competence of the person, entity, or group that is nationally certified. +(B) A person licensed as a physician and surgeon, physical therapist, occupational therapist, psychologist, marriage and family therapist, educational psychologist, clinical social worker, professional clinical counselor, speech-language pathologist, or audiologist pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, who designs, supervises, or provides treatment for pervasive developmental disorder or autism, provided the services are within the experience and competence of the licensee. +(4) “Qualified autism service professional” means an individual who meets all of the following criteria: +(A) Provides behavioral health treatment. +(B) Is employed and supervised by a qualified autism service provider. +(C) Provides treatment pursuant to a treatment plan developed and approved by the qualified autism service provider. +(D) Is a behavioral service provider approved as a vendor by a California regional center to provide services as an Associate Behavior Analyst, Behavior Analyst, Behavior Management Assistant, Behavior Management Consultant, or Behavior Management Program as defined in Section 54342 of Article 3 of Subchapter 2 of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations. +(E) Has training and experience in providing services for pervasive developmental disorder or autism pursuant to Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code or Title 14 (commencing with Section 95000) of the Government Code. +(5) “Qualified autism service paraprofessional” means an unlicensed and uncertified individual who meets all of the following criteria: +(A) Is employed and supervised by a qualified autism service provider. +(B) Provides treatment and implements services pursuant to a treatment plan developed and approved by the qualified autism service provider. +(C) Meets the criteria set forth in the regulations adopted pursuant to Section 4686.3 of the Welfare and Institutions Code. +(D) Has adequate education, training, and experience, as certified by a qualified autism service provider. +(d) This section shall not apply to the following: +(1) A specialized health insurance policy that does not cover mental health or behavioral health services or an accident only, specified disease, hospital indemnity, or Medicare supplement policy. +(2) A health insurance policy in the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). +(3) A health insurance policy in the Healthy Families Program (Part 6.2 (commencing with Section 12693)). +(4) A health care benefit plan or policy entered into with the Board of Administration of the Public Employees’ Retirement System pursuant to the Public Employees’ Medical and Hospital Care Act (Part 5 (commencing with Section 22750) of Division 5 of Title 2 of the Government Code). +(e) Nothing in this section shall be construed to limit the obligation to provide services under Section 10144.5. +(f) As provided in Section 10144.5 and in paragraph (1) of subdivision (a), in the provision of benefits required by this section, a health insurer may utilize case management, network providers, utilization review techniques, prior authorization, copayments, or other cost sharing. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law defines developmental disability for these purposes, to include, among other things, autism. +Existing law provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. A violation of those provisions is a crime. Existing law provides for the licensure and regulation of health insurers by the Department of Insurance. +Existing law requires every health care service plan contract and health insurance policy to provide coverage for behavioral health treatment for pervasive developmental disorder or autism until January 1, 2017, and defines “behavioral health treatment” to mean specified services provided by, among others, a qualified autism service professional supervised and employed by a qualified autism service provider. For purposes of this provision, existing law defines a “qualified autism service professional” to mean a person who, among other requirements, is a behavioral service provider approved as a vendor by a California regional center to provide services as an associate behavior analyst, behavior analyst, behavior management assistant, behavior management consultant, or behavior management program pursuant to specified regulations adopted under the Lanterman Developmental Disabilities Services Act. +This bill would delete the sunset date, thereby extending the operation of these provisions indefinitely. By extending the operation of these provisions, the violation of which by a health care service plan would be a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1374.73 of the Health and Safety Code, and to amend Section 10144.51 of the Insurance Code, relating to health care coverage." +624,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 43.100 is added to the Civil Code, to read: +43.100. +(a) There shall not be any civil liability on the part of, and no cause of action shall accrue against, a person for property damage or trespass to a motor vehicle, if the damage was caused while the person was rescuing an animal in accordance with subdivision (b) of Section 597.7 of the Penal Code. +(b) The immunity from civil liability for property damage to a motor vehicle that is established by subdivision (a) does not affect a person’s civil liability or immunity from civil liability for rendering aid to an animal. +SEC. 2. +Section 597.7 of the Penal Code is amended to read: +597.7. +(a) A person shall not leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. +(b) (1) This section does not prevent a person from taking reasonable steps that are necessary to remove an animal from a motor vehicle if the person holds a reasonable belief that the animal’s safety is in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. +(2) A person who removes an animal from a vehicle in accordance with paragraph (1) is not criminally liable for actions taken reasonably and in good faith if the person does all of the following: +(A) Determines the vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the vehicle. +(B) Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one. +(C) Has contacted a local law enforcement agency, the fire department, animal control, or the “911” emergency service prior to forcibly entering the vehicle. +(D) Remains with the animal in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer, humane officer, animal control officer, or another emergency responder arrives. +(E) Used no more force to enter the vehicle and remove the animal from the vehicle than was necessary under the circumstances. +(F) Immediately turns the animal over to a representative from law enforcement, animal control, or another emergency responder who responds to the scene. +(c) Unless the animal suffers great bodily injury, a first conviction for violation of this section is punishable by a fine not exceeding one hundred dollars ($100) per animal. If the animal suffers great bodily injury, a violation of this section is punishable by a fine not exceeding five hundred dollars ($500), imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment. Any subsequent violation of this section, regardless of injury to the animal, is also punishable by a fine not exceeding five hundred dollars ($500), imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment. +(d) (1) This section does not prevent a peace officer, firefighter, humane officer, animal control officer, or other emergency responder from removing an animal from a motor vehicle if the animal’s safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. +(2) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle, or who takes possession of an animal that has been removed from a motor vehicle, shall take it to an animal shelter or other place of safekeeping or, if the officer deems necessary, to a veterinary hospital for treatment. The owner of the animal removed from the vehicle may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. +(3) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible. +(4) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle or who receives an animal rescued from a vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing his or her name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. +(5) Except as provided in subdivision (b), this section does not affect in any way existing liabilities or immunities in current law, or create any new immunities or liabilities. +(e) Nothing in this section shall preclude prosecution under both this section and Section 597 or any other provision of law, including city or county ordinances. +(f) Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs, sheep, poultry, or other agricultural animals in motor vehicles designed to transport such animals for agricultural purposes.","Existing law authorizes a peace officer, humane officer, or animal control officer to take all steps reasonably necessary to remove an animal from a motor vehicle because the animal’s safety appears to be in immediate danger of specified harm. Existing law requires those persons who remove an animal from a vehicle to take the animal to an animal shelter or other place of safekeeping or, if deemed necessary, to a veterinary hospital for treatment, and to leave a notice in the vehicle that notifies the owner of, among other things, the location where the animal may be claimed. Existing law authorizes the owner to claim the animal only after paying all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. +This bill would expand the authorization and requirements applicable to a peace officer, humane officer, or animal control officer described above to include a firefighter or other emergency responder. The bill would additionally provide that a person may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal removed from the vehicle. The bill would exempt a person from criminal liability for actions taken reasonably and in good faith to remove an animal from a vehicle under the circumstances described above if the person satisfies specified conditions, including immediately turning the animal over to a representative from law enforcement, animal control, or other emergency responder who responds to the scene. The bill would exempt a person from civil liability for property damage or trespass to a motor vehicle if the property damage or trespass occurred while the person was rescuing an animal pursuant to these provisions.","An act to add Section 43.100 to the Civil Code, and to amend Section 597.7 of the Penal Code, relating to trespass." +625,"The people of the State of California do enact as follows: + + +SECTION 1. +Part 40.1 (commencing with Section 67420) is added to Division 5 of Title 3 of the Education Code, to read: +PART 40.1. College Textbook Affordability Act of 2015 +67420. +This part shall be known, and may be cited, as the College Textbook Affordability Act of 2015. +67421. +(a) The College Textbook Affordability Act of 2015 is hereby established to reduce costs for college students by encouraging faculty to accelerate the adoption of lower cost, high-quality, open educational resources. Faculty development shall be a key component of this acceleration initiative. This initiative shall use, in addition to any other appropriate resources, those identified, housed, produced, and otherwise found appropriate pursuant to the California Open Education Resources Council established in Section 66409 and the California Digital Open Source Library, also known as the California Open Online Library for Education, established in Section 66408. +(b) The Open Educational Resources Adoption Incentive Program is hereby established to carry out the purposes of this act. Unless context otherwise requires, “program” in this act means the Open Educational Resources Adoption Incentive Program. +67422. +(a) (1) Moneys appropriated in subdivision (f) of Section 69999.6 for the program shall be used by community college and California State University campuses to further the purposes specified in subdivision (a) of Section 67421, including any of the following purposes: +(A) Faculty professional development, which shall include learning about the California Open Online Library for Education established in Section 66408. Faculty who participate in this professional development shall be reimbursed in accordance with their campus’ approved plan pursuant to paragraph (2) of subdivision (a) of Section 67424. +(B) Professional development for staff whose work supports providing students with open educational resources. +(C) Open educational resource curation activities. All new open educational resources developed and available that are adopted as course material pursuant to this program shall be added to the California Open Online Library for Education established in Section 66408. +(D) Curriculum modification and requisite release time for faculty in accordance with a campus’ approved plan pursuant to paragraph (2) of subdivision (a) of Section 67424 related to the adoption of open educational resources as course materials. +(E) Technology support for faculty, students, and staff whose work furthers the goals specified in a campus’ approved plan pursuant to paragraph (2) of subdivision (a) of Section 67424. +(2) Moneys appropriated in subdivision (f) of Section 69999.6 for the program shall not be used for direct compensation for faculty members who adopt open educational resources, except as provided to compensate for professional development pursuant to subparagraph (A) of paragraph (1), or for purchasing new equipment. +(b) For the purposes of this act, a “community college campus” is a community college campus site that has a local academic senate. +67423. +As used in this part, “open educational resources” are high-quality teaching, learning, and research resources that reside in the public domain or have been released under an intellectual property license, such as a Creative Commons license, that permits their free use and repurposing by others, and may include other resources that are legally available and free of cost to students. “Open educational resources” include, but are not limited to, full courses, course materials, modules, textbooks, faculty-created content, streaming videos, tests, software, and any other tools, materials, or techniques used to support access to knowledge. +67424. +(a) In order to participate in the program, the local academic senate of a campus of the California State University or the California Community Colleges shall do both of the following: +(1) Adopt a local campus resolution to increase student access to high-quality open educational resources and reduce the cost of textbooks and supplies for students in course sections for which open educational resources are to be adopted to accomplish cost savings for students. +(2) Approve a plan, in collaboration with students and campus administration, that describes evidence of the faculty’s commitment and readiness to effectively use grant funds to support faculty adoption of open educational resources. +(A) The plan may detail technological or staff support to increase the adoption of open educational resources. The plan shall describe how the faculty will learn about the California Open Online Library for Education and other existing open educational resources. +(B) The plan shall include the number of academic departments expected to be involved in the plan’s implementation, the number of course sections in which open educational resources will be adopted, the percentage of cost savings for students anticipated on account of the adoption of open educational resources for each of these course sections, the ways existing faculty development programs will be enhanced by the plan’s implementation, and the mechanisms that will be used to distribute adopted open educational resources to students. +(C) At their discretion, faculty may choose, for courses that are to adopt open educational resources under the plan, appropriate resources for any of the 50 strategically selected lower division courses identified by the California Open Education Resources Council pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 66409. Other open educational resources may also be used. +(D) The plan shall describe how the campus will provide access to open educational resource materials for students, including how the campus will make hard copies of these materials available for students who lack access to these materials off campus and make it possible for students with such access to print hard copies. +(E) The plan will identify the amount of the grant requested. The amount of the grant requested shall be equal to, or less than, the number of course sections in which both open educational resources will be adopted and cost savings for the course section will be greater than 30 percent, multiplied by one thousand dollars ($1,000). The amount requested shall not be greater than fifty thousand dollars ($50,000). A plan shall commit to achieving greater than 30 percent cost savings in at least 10 course sections. +(F) (i) The plan shall include the percentage of cost savings for each course section calculated as follows: +(ii) The percentage of cost savings shall be the estimated decrease in the costs of books and supplies for a course section in the current term resulting from the adoption of open educational resources for that course section, divided by the costs of books and supplies for that course section in the immediately preceding academic term. +(b) The California Open Education Resources Council may provide expertise on available open educational resources and best practices for the adoption of open educational resources for existing courses to assist in the development of the plan. +(c) (1) The local academic senate of a campus of the California State University or the California Community Colleges may submit the resolution and the plan developed pursuant to subdivision (a) to the California Open Education Resources Council as its application for an initial grant no later than June 30, 2016. +(2) (A) The California Open Education Resources Council shall make an initial grant to a campus within 60 days of the council’s receipt of the campus’ application if the campus has satisfied the requirements of subdivision (a). The California Open Education Resources Council may award up to 100 initial grants. +(B) If the total amount requested in applications received pursuant to subparagraph (A) is equal to or less than two million dollars ($2,000,000), the California Open Education Resources Council shall make grants for each approved application equal to the amount requested in the application. If the total amount requested in applications received pursuant to subparagraph (A) exceeds two million dollars ($2,000,000), the California Open Education Resources Council shall make grants for the full amount requested in approved applications on a competitive basis based on the strength of the evidence provided of faculty commitment to the adoption of open educational resources. +(3) Each application approved by the California Open Education Resources Council shall be submitted by the council to the Chancellor of the California State University no later than 30 days after the council approves the application. The chancellor shall award grants to recipients in accordance with this section. +(4) Administrative support may be provided to the council by the California Open Online Library for Education to help the council carry out its duties in accordance with this part. +(5) (A) No later than June 30, 2018, a campus may apply for a bonus grant equal to the amount of its initial grant. The application shall include evidence that the campus has met or exceeded total cost savings of greater than 30 percent for the required number of course sections specified in the approved plan for the campus’ initial grant in the 2017–18 academic year. +(B) (i) A campus may also compute the total cost savings for each course section and include that figure in its application for a bonus grant pursuant to subparagraph (A). +(ii) The total cost savings for each course section shall be the number of students enrolled in a course section multiplied by the per-student decrease in the costs of books and supplies for the course section in the term resulting from the adoption of open educational resources. +(6) Bonus grants specified in paragraph (5) shall be used to further the goals of the campus’ approved plan for its initial grant. It is the intent of the Legislature that bonus grants support each campus’ adoption of open educational resources for at least double the number of course sections, and with at least 30 percent cost savings for each of these course sections, as accomplished by the campus’ approved plan for its initial grant. +(7) If the total amount requested in applications for bonus grants exceeds the total amount of funds available, the California Open Educational Resources Council shall award grants on a competitive basis to approved applications for the full amount of the initial grant based on the overall percentage savings achieved by the initial plan in the courses covered by the plan. +(8) It is the intent of the Legislature that initial and bonus grants provide the impetus for campuses to adopt, and continue to use, open educational resources as course materials. +(d) The California Open Online Library for Education, in consultation with the Intersegmental Committee of Academic Senates, shall report to the Legislature, in accordance with Section 9795 of the Government Code, before September 1 each year, commencing in 2018, as to whether the grants are increasing the rate of adoption of open educational resources and decreasing textbook costs for college students. +67425. +This part shall become inoperative on September 1, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 2. +Section 69999.6 of the Education Code is amended to read: +69999.6. +(a) In enacting this article, it is the intent of the Legislature to accomplish all of the following: +(1) Provide explicit authority to the board to continue to administer accounts for, and make awards to, persons who qualified for awards under the provisions of the Governor’s Scholarship Programs as those provisions existed on January 1, 2003, prior to the repeal of former Article 20 (commencing with Section 69995). +(2) Provide for the management and disbursement of funds previously set aside for the scholarship programs authorized by former Article 20 (commencing with Section 69995). +(3) Provide a guarantee should additional funds be needed to cover awards authorized and made pursuant to former Article 20 (commencing with Section 69995). +(b) The board may manage and disburse the funds previously set aside for the scholarship programs authorized by former Article 20 (commencing with Section 69995). +(c) If a person has earned an award under the Governor’s Scholarship Programs on or before January 1, 2003, but has not claimed the award on or before June 30, 2004, he or she still may claim the award by a date that is five years from the first June 30 that fell after he or she took the qualifying test. An award shall not be made by the board after that date. +(d) The board shall negotiate with the current manager of the Governor’s Scholarship Programs and execute an amended or new management and funding agreement, before January 1, 2013, which shall include, but not be limited to, all of the following: +(1) Terms providing for the return to the General Fund by no later than January 1, 2013, of moneys appropriated to the Governor’s Scholarship Programs that are not anticipated to be needed to make awards pursuant to paragraphs (1) and (2) of subdivision (a). +(2) Provisions that authorize the board to pay agreed-upon early withdrawal penalties or fees. +(3) Terms that extend to the final date upon which the board may withdraw funds for a person who earned an award under the Governor’s Scholarship Programs. +(e) (1) If funds retained in the Golden State Scholarshare Trust after January 1, 2013, are insufficient to cover the remaining withdrawal requests, it is the intent of the Legislature to appropriate the necessary funds to the Golden State Scholarshare Trust for the purpose of funding individual beneficiary accounts. +(2) The board shall notify the Department of Finance and the Legislature no later than 10 working days after determining that a shortfall in available funding described in paragraph (1) will occur. +(f) (1) (A) Of the funds transferred to the General Fund pursuant to paragraph (1) of subdivision (d), five million dollars ($5,000,000) is hereby appropriated to the Chancellor of the California State University, without regard to fiscal years, to fund the establishment and administration of the California Open Education Resources Council and the California Digital Open Source Library, and the development or acquisition of open education resources, or any combination thereof, pursuant to legislation enacted in the 2011–12 Regular Session of the Legislature, provided that the chancellor may provide reimbursement to the California Community Colleges and the University of California for costs those segments, or their representatives, incur in association with the activities described in this paragraph. +(B) Effective January 1, 2016, three million dollars ($3,000,000) of the moneys appropriated pursuant to this paragraph are hereby reappropriated pursuant to paragraph (4). +(2) Except those moneys allocated pursuant to paragraphs (3) and (4), moneys, or a portion of moneys, appropriated pursuant to paragraph (1) shall not be encumbered unless at least 100 percent of that amount encumbered is matched by private funds and, if not matched by private funds, shall revert to the Golden State Scholarshare Trust for purposes of the Governor’s Scholarship Programs. +(3) Of the unencumbered amount appropriated pursuant to paragraph (1) as of June 30, 2015: +(A) Up to two hundred thousand dollars ($200,000) may be used for administration of the California Open Online Library for Education. These funds may be used by the California Open Online Library for Education to continue developing and updating its services to provide faculty, staff, and students convenient access to open educational resources as course materials and to provide administrative support for the California Open Educational Resources Council. These funds may be used by the California Open Online Library for Education for purposes of the Open Educational Resources and Adoption Incentive Program until September 1, 2020. +(B) Up to twenty-seven thousand dollars ($27,000) may be used for stipends to members of the California Open Education Resources Council for these members to carry out their duties in accordance with the Open Educational Resources Adoption Incentive Program. +(4) Of the funds transferred to the General Fund pursuant to paragraph (1) of subdivision (d) and appropriated pursuant to paragraph (1), three million dollars ($3,000,000) is hereby reappropriated to the Chancellor of the California State University, without regard to fiscal years, for allocation for the Open Educational Resources Adoption Incentive Program. +(g) The board may adopt rules and regulations for the implementation of this article.","(1) Existing law establishes the segments of the postsecondary education system in the state, including the California State University, administered by the Trustees of the California State University, and the California Community Colleges, administered by the Board of Governors of the California Community Colleges. +This bill would establish the College Textbook Affordability Act of 2015 to reduce costs for college students by encouraging faculty to accelerate the adoption of lower cost, high-quality open educational resources, as defined. +The bill would create the Open Educational Resources Adoption Incentive Program to provide incentives and reward campus, staff, and faculty efforts to accelerate the adoption of open educational resources. The bill would require that specified moneys for the program be used by campuses to create and support faculty and staff professional development, open educational resource curation activities, curriculum modification, or technology support for faculty, staff, and students, as specified. The bill would authorize the local academic senate of a campus of the California State University or the California Community Colleges to (A) adopt a local campus resolution to increase student access to high-quality open educational resources and reduce the cost of textbooks and supplies for students, and (B) upon adoption of the resolution, develop a specified plan, in collaboration with students and the administration, that describes evidence of the campus’ commitment and readiness to spend grant money from the fund to support faculty adoption of open educational resources. The bill would require the California Open Education Resources Council to review and approve the plan, and, if it meets these and other specified requirements, would authorize the Chancellor of the California State University to award an initial grant of up to $50,000 to the campus from the fund. The bill would require additional bonus grants to be distributed to participating campuses if certain benchmarks are met. The bill would cap the number of initial grants that may be approved by the California Open Education Resources Council each award year at 100. The bill would require the California Digital Open Source Library, also known as the California Open Online Library for Education, in consultation with the Intersegmental Committee of Academic Senates, to report to the Legislature before September 1 of each year, commencing in 2018, as to whether the grants are increasing the rate of adoption of open educational resources and decreasing textbook costs for college students. +The bill would make these provisions inoperative on September 1, 2020, and would repeal them as of January 1, 2021. +(2) Existing law appropriates, from specified funds, $5,000,000 to the Chancellor of the California State University to fund, among other things, the establishment and administration of the California Open Education Resources Council and the California Digital Open Source Library. +This bill would specify that $3,000,000 of those funds are reappropriated for allocation for the Open Educational Resources Adoption Incentive Program. Of the remaining $2,000,000, the bill would specify that up to $200,000 may be used for the California Open Online Library for Education and up to $27,000 may be used for stipends to members of the California Open Education Resources Council, as specified.","An act to amend Section 69999.6 of, and to add and repeal Part 40.1 (commencing with Section 67420) of Division 5 of Title 3 of, the Education Code, relating to postsecondary education." +626,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 23102 of the +Revenue and Taxation Code +is amended to read: +23102. +Any corporation or limited liability company holding or organized to hold stock or bonds of any other corporation or corporations, and not trading in stock or bonds or other securities held, and engaging in no activities other than the receipt and disbursement of dividends from stock or interest from bonds, and no activities other than those exempted under subdivision (c) of Section 191 of the Corporations Code, is not a corporation or limited liability company doing business in this State for the purposes of this chapter or Chapter 10.6. +SECTION 1. +Section 17941 of the Revenue and Taxation Code is amended to read: +17941. +(a) For each taxable year beginning on or after January 1, 1997, a limited liability company doing business in this +state (as +state, as +defined in Section +23101) +23101, +shall pay annually to this state a tax for the privilege of doing business in this state in an amount equal to the applicable amount specified in +paragraph (1) of +subdivision (d) of Section 23153 for the taxable year. +(b) (1) In addition to any limited liability company that is doing business in this state and is therefore subject to the tax imposed by subdivision (a), for each taxable year beginning on or after January 1, 1997, a limited liability company shall pay annually the tax prescribed in subdivision (a) if articles of organization have been accepted, or a certificate of registration has been issued, by the office of the Secretary of State. The tax shall be paid for each taxable year, or part thereof, until a certificate of cancellation of registration or of articles of organization is filed on behalf of the limited liability company with the office of the Secretary of State. +(2) If a taxpayer files a return with the Franchise Tax Board that is designated as its final return, the Franchise Tax Board shall notify the taxpayer that the annual tax shall continue to be due annually until a certificate of dissolution is filed with the Secretary of State pursuant to Section 17707.08 of the Corporations Code or a certificate of cancellation is filed with the Secretary of State pursuant to Section 17708.06 of the Corporations Code. +(c) The tax assessed under this section shall be due and payable on or before the 15th day of the fourth month of the taxable year. +(d) +For +(1) +Except as provided in paragraph (2), for +purposes of this section, +a +“limited liability company” means an +organization, other than a limited liability company that is exempt from the tax and fees imposed under this chapter pursuant to Section 23701h or Section 23701x, +organization +that is formed by one or more persons under the law of this state, any other country, or any other state, as a “limited liability company” and that is not taxable as a corporation for California tax purposes. +(2) Notwithstanding subdivisions (a) and (b), a limited liability company is not subject to the tax imposed under this section if it is either of the following: +(A) The limited liability company is exempt from the tax and fees imposed under this chapter pursuant to Section 23701h or 23701x. +(B) (i) The limited liability company is a qualified investment partnership. +(ii) For purposes of this subparagraph, a qualified investment partnership means a limited liability company that meets all of the following requirements: +(I) It is classified as a partnership for California income tax purposes. +(II) No less than 90 percent of the costs of its total assets consist of qualifying investment securities, deposits at banks or other financial institutions, interest or investments in a partnership, or office space and equipment reasonably necessary to carry on its activities as a qualified investment partnership. +(III) No less than 90 percent of its gross income consists of interest, dividends, and gains from the sale or exchange of qualifying investment securities or investments in a partnership. +(iii) For purposes of this subparagraph, “qualifying investment securities” has the same meaning as that term is described in subparagraph (A) of paragraph (3) of subdivision (c) of Section 17955. +(iv) Notwithstanding Section 18633.5, the following rules shall apply with respect to the filing requirements of a qualified investment partnership. +(I) A qualified investment partnership required to file a federal return pursuant to Section 6031 of the Internal Revenue Code, relating to return of partnership income, shall file a partnership return pursuant to Section 18633 for that taxable year. +(II) A qualified investment partnership that is not required to file a federal return pursuant to Section 6031 of the Internal Revenue Code, relating to return of partnership income, shall file an information return as prescribed by the Franchise Tax Board for that taxable year. +(e) Notwithstanding anything in this section to the contrary, if the office of the Secretary of State files a certificate of cancellation pursuant to Section 17707.02 of the Corporations Code for any limited liability company, then paragraph (1) of subdivision (f) of Section 23153 shall apply to that limited liability company as if the limited liability company were properly treated as a corporation for that limited purpose only, and paragraph (2) of subdivision (f) of Section 23153 shall not apply. Nothing in this subdivision entitles a limited liability company to receive a reimbursement for any annual taxes or fees already paid. +(f) (1) Notwithstanding any provision of this section to the contrary, a limited liability company that is a small business solely owned by a deployed member of the United States Armed Forces shall not be subject to the tax imposed under this section for any taxable year the owner is deployed and the limited liability company operates at a loss or ceases operation. +(2) The Franchise Tax Board may promulgate regulations as necessary or appropriate to carry out the purposes of this subdivision, including a definition for “ceases operation.” +(3) For the purposes of this subdivision, all of the following definitions apply: +(A) “Deployed” means being called to active duty or active service during a period when a Presidential Executive order specifies that the United States is engaged in combat or homeland defense. “Deployed” does not include either of the following: +(i) Temporary duty for the sole purpose of training or processing. +(ii) A permanent change of station. +(B) “Operates at a loss” means a limited liability company’s expenses exceed its receipts. +(C) “Small business” means a limited liability company with total income from all sources derived from, or attributable, to the state of two hundred fifty thousand dollars ($250,000) or less. +(4) This subdivision shall become inoperative for taxable years beginning on or after January 1, 2018. +SEC. 2. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","Existing +law, +law +imposes a minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business, as defined, in this state, and an annual tax in an amount equal to the minimum franchise tax on every limited liability company registered, qualified to transact business, or doing business in this state, as specified. +Existing law provides that certain corporations, the activities of which are limited to the receipt and disbursement of dividends and interest on securities, are not considered as doing business in this state. +Existing law requires every limited liability company subject to that annual tax to pay annually to this state a fee equal to specified amounts based upon total income from all sources attributable to this state. Existing law requires every partnership to file a return that includes specified information, verified by a written declaration made under the penalty of perjury and signed by one of the partners, within a specified time period. +This bill, under those same circumstances related to the receipt and disbursement of dividends and interest on securities, would additionally provide that such a limited liability company is not considered as doing business in this state. +This bill would exempt a limited liability company that is a qualified investment partnership, as defined, from that annual tax and fee by excluding it from the definition of a limited liability company. The bill would require that entity to submit a return under the conditions applicable to a partnership. +This bill would take effect immediately as a tax levy.","An act to amend +Section 23102 +Section +17941 +of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +627,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 8024.8 is added to the Business and Professions Code, to read: +8024.8. +(a) On or before July 1, 2017, the board shall adopt regulations to establish minimum continuing education requirements for renewal of a certificate issued pursuant to this chapter. No earlier than six months after the effective date of the regulations, to renew his or her certificate, a certificate holder shall, in addition to the requirements of Section 8024, submit to the board, on a form prescribed by the board, that he or she has completed the minimum continuing education requirements. +(b) The board shall ensure that the continuing education required by this section is relevant to the practice of shorthand reporting. +(c) The board shall ensure that the continuing education required by this section includes a minimum of two hours of course credits in ethics and professional conduct of shorthand reporting. +(d) The board shall ensure that the continuing education required by this section is not less than 8 hours and not more than 12 hours of course credits every two years. +(e) The board shall also establish a procedure for approving providers of continuing education courses, and all providers of continuing education shall comply with procedures established by the board. The board may establish a fee for providers of continuing education courses pursuant to Section 8031. The board may revoke or deny the right of a provider to offer continuing education coursework pursuant to this section for failure to comply with the requirements of this section or any regulation adopted pursuant to this section. +(f) The board may establish exceptions to the continuing education requirements of this section for a certificate holder who cannot meet the continuing education requirements for reasons of health, military service, or undue hardship. +(g) The continuing education requirements of this section shall comply with the guidelines for mandatory continuing education established by the Department of Consumer Affairs pursuant to Section 166. +(h) The board shall, in collaboration with the Judicial Council, develop a list of courses that satisfy the requirements of both this section and Rule 10.474 of Title 10 of the California Rules of Court. The courses on this list may be used to satisfy the requirements of both this section and Rule 10.474. +(i) The board may adopt regulations as necessary to implement this section. +SEC. 2. +Section 8031 of the Business and Professions Code is amended to read: +8031. +The amount of the fees required by this chapter is that fixed by the board in accordance with the following schedule: +(a) The fee for filing an application for each examination shall be no more than forty dollars ($40). +(b) The fee for examination and reexamination for the written or practical part of the examination shall be in an amount fixed by the board, which shall be equal to the actual cost of preparing, administering, grading, and analyzing the examination, but shall not exceed seventy-five dollars ($75) for each separate part, for each administration. +(c) The initial certificate fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, except that, if the certificate will expire less than 180 days after its issuance, then the fee is 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, or fifty dollars ($50), whichever is greater. The board may, by appropriate regulation, provide for the waiver or refund of the initial certificate fee where the certificate is issued less than 45 days before the date on which it will expire. +(d) By a resolution adopted by the board, a renewal fee may be established in such amounts and at such times as the board may deem appropriate to meet its operational expenses and funding responsibilities as set forth in this chapter. The renewal fee shall not be more than one hundred twenty-five dollars ($125) nor less than ten dollars ($10) annually, with the following exception: +Any person who is employed full time by the State of California as a hearing reporter and who does not otherwise render shorthand reporting services for a fee shall be exempt from licensure while in state employment and shall not be subject to the renewal fee provisions of this subdivision until 30 days after leaving state employment. The renewal fee shall, in addition to the amount fixed by this subdivision, include any unpaid fees required by this section plus any delinquency fee. +(e) The duplicate certificate fee shall be no greater than ten dollars ($10). +(f) The penalty for failure to notify the board of a change of name or address as required by Section 8024.6 shall be no greater than fifty dollars ($50). +(g) The fee for approval of a continuing education provider shall be fixed by the board through regulation in an amount to cover the reasonable regulatory cost to the board of approving those continuing education providers, but shall be no greater than forty dollars ($40).","Existing law provides for the certification and regulation of shorthand reporters by the Court Reporters Board of California in the Department of Consumer Affairs, and provides for the regulation of shorthand reporting schools by the board. Existing law provides for the renewal of a shorthand reporter’s certificate if specified requirements are met. Existing law sets forth specified fees for the examination for, and the issuance and renewal of, a shorthand reporter’s certificate. +This bill would require the board, on or before July 1, 2017, to adopt regulations to establish, for renewal of a shorthand reporter’s certificate, minimum approved continuing education requirements, with certain exceptions, and would require the board to establish a procedure for approving providers of those continuing education courses, as specified. The bill would also require the board to collaborate with the Judicial Council to develop a list of courses that satisfy the continuing education requirements of both these provisions and a specified rule, applicable to trial court personnel, of the California Rules of Court. The bill would also authorize the board to, by regulation, establish a fee for approval of those continuing education providers, not to exceed the reasonable regulatory costs, if any, to the board of approving those providers.","An act to amend Section 8031 of, and to add Section 8024.8 to, the Business and Professions Code, relating to shorthand reporters." +628,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1098 of the Civil Code is amended to read: +1098. +(a) A “transfer fee” is any fee payment requirement imposed within a covenant, restriction, or condition contained in any deed, contract, security instrument, or other document affecting the transfer or sale of, or any interest in, real property that requires a fee be paid as a result of transfer of the real property. A transfer fee does not include any of the following: +(1) Fees or taxes imposed by a governmental entity. +(2) Fees pursuant to mechanics’ liens. +(3) Fees pursuant to court-ordered transfers, payments, or judgments. +(4) Fees pursuant to property agreements in connection with a legal separation or dissolution of marriage. +(5) Fees, charges, or payments in connection with the administration of estates or trusts pursuant to Division 7 (commencing with Section 7000), Division 8 (commencing with Section 13000), or Division 9 (commencing with Section 15000) of the Probate Code. +(6) Fees, charges, or payments imposed by lenders or purchasers of loans, as these entities are described in subdivision (c) of Section 10232 of the Business and Professions Code. +(7) Assessments, charges, penalties, or fees authorized by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4) or by the Commercial and Industrial Common Interest Development Act (Part 5.3 (commencing with Section 6500) of Division 4). +(8) Fees, charges, or payments for failing to comply with, or for transferring the real property prior to satisfying, an obligation to construct residential improvements on the real property. +(9) (A) Any fee reflected in a document recorded against the property on or before December 31, 2007, that is separate from any covenants, conditions, and restrictions, and that substantially complies with subdivision (a) of Section 1098.5 by providing a prospective transferee notice of the following: +(i) Payment of a transfer fee is required. +(ii) The amount or method of calculation of the fee. +(iii) The date or circumstances under which the transfer fee payment requirement expires, if any. +(iv) The entity to which the fee will be paid. +(v) The general purposes for which the fee will be used. +(B) A fee reflected in a document recorded against the property on or before December 31, 2007, that is not separate from any covenants, conditions, and restrictions, or that incorporates by reference from another document, is a “transfer fee” for purposes of Section 1098.5. A transfer fee recorded against the property on or before December 31, 2007, that complies with subparagraph (A) and incorporates by reference from another document is unenforceable unless recorded against the property on or before December 31, 2016, in a single document that complies with subdivision (b) and with Section 1098.5. +(b) The information in paragraph (9) of subdivision (a) shall be set forth in a single document and shall not be incorporated by reference from any other document. +SEC. 2. +Section 1098.5 of the Civil Code is amended to read: +1098.5. +(a) For transfer fees, as defined in Section 1098, imposed prior to January 1, 2008, the receiver of the fee, as a condition of payment of the fee on or after January 1, 2009, shall record, on or before December 31, 2008, against the real property in the office of the county recorder for the county in which the real property is located a separate document that meets all of the following requirements: +(1) The title of the document shall be “Payment of Transfer Fee Required” in at least 14-point boldface type. +(2) The document shall include all of the following information: +(A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor’s parcel number for the affected real property. +(B) The amount, if the fee is a flat amount, or the percentage of the sales price constituting the cost of the fee. +(C) If the real property is residential property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000). +(D) The date or circumstances under which the transfer fee payment requirement expires, if any. +(E) The purpose for which the funds from the fee will be used. +(F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent. +(G) The signature of the authorized representative of the entity to which funds from the fee will be paid. +(b) When a transfer fee, as defined in Section 1098, is imposed upon real property on or after January 1, 2008, the person or entity imposing the transfer fee, as a condition of payment of the fee, shall record in the office of the county recorder for the county in which the real property is located, concurrently with the instrument creating the transfer fee requirement, a separate document that meets all of the following requirements: +(1) The title of the document shall be “Payment of Transfer Fee Required” in at least 14-point boldface type. +(2) The document shall include all of the following information: +(A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor’s parcel number for the affected real property. +(B) The amount, if the fee is a flat amount, the percentage of the sales price constituting the cost of the fee, or the method for calculating the amount. +(C) If the real property is residential property and the amount of the fee is based on the price of the real property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000). +(D) The date or circumstances under which the transfer fee payment requirement expires, if any. +(E) The purpose for which the funds from the fee will be used. +(F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent. +(G) The signature of the authorized representative of the entity to which funds from the fee will be paid. +(c) The recorder shall only be responsible for examining that the document required by subdivision (a) or (b) contains the information required by subparagraphs (A), (F), and (G) of paragraph (2) of subdivision (a) or (b). The recorder shall index the document under the names of the persons and entities identified in subparagraphs (A) and (F) of paragraph (2) of subdivision (a) or (b). The recorder shall not examine any other information contained in the document required by subdivision (a) or (b). +SEC. 3. +Section 1102.6e of the Civil Code is amended to read: +1102.6e. +If a property being transferred on or after January 1, 2008, is subject to a transfer fee, as defined in Section 1098, the transferor shall provide, at the same time as the transfer disclosure statement required pursuant to Section 1102.6 is provided if the document required by subdivision (b) of Section 1098.5 has not already been provided, an additional disclosure statement containing all of the following: +(a) Notice that payment of a transfer fee is required as a result of transfer of the property. +(b) The amount of the fee required for the asking price of the real property, if the amount of the fee is based on the price of the real property, and a description of how the fee is calculated. +(c) Notice that the final amount of the fee may be different if the fee is based upon a percentage of the final sale price. +(d) The entity to which funds from the fee will be paid. +(e) The purposes for which funds from the fee will be used. +(f) The date or circumstances under which the obligation to pay the transfer fee expires, if any. +SEC. 4. +The Legislature finds and declares that the addition of subdivision (b) to Section 1098 of, and the amendments to Sections 1098.5 and 1102.6e of, the Civil Code made by this act are clarifying and declaratory of existing law.","Existing law defines a transfer fee as a fee payment requirement imposed in any covenant, restriction, or condition contained in any deed, contract, security instrument, or other document affecting the transfer or sale of real property that requires a fee be paid upon transfer of the real property, with specified exceptions. Existing law, with regard to a transfer fee imposed upon real property on or after January 1, 2008, requires the person or entity imposing the transfer fee, as a condition of payment of the fee, to record a specified document describing the transfer fee concurrently with the instrument creating the transfer fee requirement. Existing law requires these recorded documents to include information on the amount of the fee and actual dollar examples of the fee for a residential property, among other things. Existing law requires a transferor of residential real property subject to transfer fees to make a specified disclosure regarding those fees. +This bill would specify that the required information on the recorded document include the method for calculating the amount of the transfer fee, if not a flat amount or a percentage of the sales price, and include the actual dollar examples of the fee for a residential property if the amount of the fee is based on the price of the real property. The bill would also require the transferor of residential real property subject to transfer fees to make the specified disclosure regarding those fees if the recorded document describing the transfer fees has not already been provided. The bill would also clarify the definition of a transfer fee. +Existing law excludes from the definition of a transfer fee any fee reflected in a document recorded against the property on or before December 31, 2007, that is separate from any covenants, conditions, and restrictions, and that provides a prospective transferee notice of specified information, including the amount or method of calculation of the fee. +This bill would specify that the information shall be set forth in a single document and may not be incorporated by reference from any other document. +This bill would provide that a fee reflected in a document recorded against the property on or before December 31, 2007, that is not separate from any covenants, conditions, and restrictions, or that incorporates by reference from another document, constitutes a transfer fee for the purposes of requirements relating to these fees. The bill would make unenforceable a transfer fee recorded against the property on or before December 31, 2007, that complies with the provisions described above and that incorporates by reference from another document unless it is recorded against the property on or before December 31, 2016, in a single document that complies with the provisions described above. +This bill would also make a legislative finding that certain changes made by this bill are clarifying and declaratory of existing law.","An act to amend Sections 1098, 1098.5, and 1102.6e of the Civil Code, relating to real estate transfer fees." +629,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 4 (commencing with Section 350) is added to Part 1 of Division 1 of Title 1 of the +Education Code +, to read: +4. +Pupils of Limited Academic English Proficiency +350. +(a)For purposes of this chapter, “pupils of limited academic English proficiency” is defined as pupils who do not have the clearly developed academic English language skills of comprehension, speaking, reading, and writing necessary to receive instruction in English at a level substantially equivalent to pupils of the same age or grade whose primary language is also English. +(b)For purposes of this chapter, “academic English” and “academic language” shall have the same meaning and are defined as the oral, written, auditory, and visual language proficiency required to learn effectively in school and academic programs. Academic English and academic language is the language used in classroom lessons, books, tests, and assignments, and it is the language that pupils are expected to learn and achieve fluency in. Frequently contrasted with “conversational” or “social” language, academic language includes a variety of formal-language skills such as vocabulary, grammar, punctuation, syntax, discipline-specific terminology, or rhetorical conventions, that allow pupils to acquire knowledge and academic skills while also successfully navigating school policies, assignments, expectations, and cultural norms. +350.1. +(a)On or before September 1, 2016, the Superintendent, in consultation with the department and local educational agencies, shall develop a formal process to identify pupils who may meet the definition in subdivision (a) of Section 350. +(b)The process may, at a minimum, provide special consideration to pupils who meet any of the following criteria: +(1)Scores in the lowest achievement levels on the Smarter Balanced Assessment System summative and interim assessments. +(2)Receives less than a passing grade on one or more consecutive progress and report cards in English language arts. +(3)Is identified by teachers or faculty members as a candidate who may meet one or more of the criteria in paragraphs (1) or (2). +350.2. +(a)On or before January 1, 2017, the department, in consultation with local educational agencies, shall develop a study on best practices for providing instruction to pupils of limited academic English proficiency, and shall provide this study to members of the Legislature, the Office of the Legislative Analyst, and the Governor. The study shall include, but not be limited to, information relating to all of the following: +(1)Existing state and local programs. +(2)Effective pedagogical and instructional methods for pupils of limited academic English proficiency. +(3)Professional development and training needs for teachers who would be likely to provide instruction to pupils of limited academic English proficiency. +(b)The study required to be submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. +350.3. +(a)Notwithstanding any other law, including Article 3.5 (commencing with Section 313) of Chapter 3, on or before September 1, 2017, the department shall develop an assessment tool to determine the proficiency level of pupils of limited academic English proficiency identified through the formal process, pursuant to Section 350.1, for purposes of identifying an adequate method of instruction for these pupils. +(b)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the designation of a pupil of limited academic English proficiency to academic English proficient. +350.4. +(a)Notwithstanding any other law, including Article 3.5 (commencing with Section 313) of Chapter 3, commencing with the 2018–19 school year, the assessment developed pursuant to Section 350.3 shall be conducted upon initial enrollment or as early as possible after enrollment, in order to provide information to determine if the pupil is a pupil of limited academic English proficiency, and annually thereafter during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is designated as academic English proficient pursuant to Section 350.5. +(b)For purposes of this section, school districts may utilize a pupil scoring at the highest achievement levels of 3 or higher on the Smarter Balanced Assessment System summative and interim assessments to designate the pupil as academic English proficient. If a pupil is still performing at a level of limited academic English proficiency after the grade 8 Smarter Balanced Assessment System summative and interim assessments, the school district shall provide targeted resources with the goal of the pupil scoring at the level of 3 or higher on the grade 11 Smarter Balanced Assessment System summative and interim assessments. +(c)The assessments conducted pursuant to this section shall be conducted in a manner consistent with federal statutes and regulations. +350.5. +Notwithstanding any other law, including Article 3.5 (commencing with Section 313) of Chapter 3, the Superintendent shall develop a procedure to designate a pupil of limited academic English proficiency as academic English proficient. The designation procedure developed by the Superintendent shall utilize multiple criteria in determining whether to designate a pupil as proficient in academic English, including, but not limited to, all of the following: +(a)Assessment of academic language proficiency using an objective assessment instrument. +(b)Teacher evaluation, including, but not limited to, a review of the pupil’s curriculum mastery. +(c)Parental opinion and consultation. +(d)Comparison of the performance of the pupil in basic skills against an empirically established range of performance in basic skills based upon the performance of academic English proficient pupils of the same age, that demonstrates whether the pupil is sufficiently proficient in academic English to participate effectively in a curriculum designed for pupils of the same age. +350.6. +This chapter does not preclude a school district or county office of education from testing pupils of limited academic English proficiency more than once in a school year if the school district or county office of education chooses to do so. +SECTION 1. +Section 314 is added to the Education Code, to read: +314. +(a) Contingent on the enactment of an appropriation in the annual Budget Act or related legislation for the purpose of implementing this section, the Los Angeles Unified School District, in partnership with the University of California, Los Angeles Center X, shall conduct an evaluation of the Los Angeles Unified School District’s Academic English Mastery Program. This evaluation shall include data collection and analysis, and shall address policy questions regarding identification, assessment, instruction, and professional development of, and curriculum and definitions of proficiency for, pupils of limited academic English proficiency. The evaluation shall be completed by ____ and shall be submitted to the appropriate fiscal and policy committees of the Legislature. +(b) This section is repealed on January 1, 20____. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting an assessment of pupils who are English learners in order to determine the level of English proficiency. Existing law requires each school district that has one or more pupils who are English learners, to assess the English language development of each pupil. Existing law requires this assessment to be conducted upon initial enrollment, and annually thereafter, during a period determined by the Superintendent of Public Instruction and the state board. +This bill would, notwithstanding the above provisions, require the department, on or before September 1, 2017, to develop an assessment tool to determine the proficiency level of pupils of limited academic English proficiency, as defined, and as determined by a formal process that the bill would require the Superintendent to develop in consultation with the department and local educational agencies, as provided. The bill would require the assessment to be conducted upon a pupil’s initial enrollment or as early as possible after enrollment, in order to provide information to determine if the pupil is a pupil of limited academic English proficiency, and annually thereafter, during a period of time determined by the Superintendent and the state board. The bill would require the annual assessments to continue until the pupil is designated as academic English proficient, as provided. The bill would require, if a pupil is still performing at a level of limited academic English proficiency after the grade 8 Smarter Balanced Assessment System summative and interim assessments, the school district to provide targeted resources with the goal of the pupil scoring at the level of 3 or higher on the grade 11 Smarter Balanced Assessment System summative and interim assessments. +By creating new duties for a local educational agency, this bill would impose a state-mandated local program. +This bill would, contingent on the enactment of an appropriation in the annual Budget Act or related legislation for the purpose of implementing these provisions, require the Los Angeles Unified School District, in partnership with the University of California, Los Angeles Center X, to conduct an evaluation of the Los Angeles Unified School District’s Academic English Mastery Program, as specified. The bill would require the evaluation to be completed by an unspecified date and submitted to the appropriate fiscal and policy committees of the Legislature. To the extent the bill would impose additional duties on the Los Angeles Unified School District, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add +Chapter 4 (commencing with Section 350) to Part 1 of Division 1 of Title 1 +and repeal Section 314 +of the Education Code, relating to English proficiency." +630,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California relies on three separate state agencies to administer and enforce its major taxes. +(b) To obtain assistance and comply with California’s tax laws, policies, and procedures, many taxpayers must interact with all three agencies, and frequently with multiple departments within those agencies. +(c) While this system has performed reasonably well in many respects, the multiagency nature of the system is prone to certain inherent problems, difficulties, and inefficiencies, and is particularly complex for taxpayers required to comply with California’s tax laws. +(d) Over the past decades, numerous reports have been prepared and various legislative proposals have been considered on the topic of coordination and cooperation among these three agencies. The focus of these efforts range from relatively minor aspects of increased cooperation to proposals for full consolidation of the agencies under “one roof.” +(e) Focusing on the customer should be a core element of California’s tax administration. Taxpayers should not have to understand complex government structures and relationships in order to interact with the government, particularly in a sensitive area like taxes. +(f) The California Tax Service Center, available at www.taxes.ca.gov, provides an assortment of independent departmental forms, returns, and links, tied together by a common homepage on the Internet, and is intended to provide California taxpayers with resources and educational programs with a goal as a one-stop tax assistance hub. +(g) The California Tax Service Center can be used to better serve California’s taxpaying community by virtually consolidating the three agencies’ operations to enable them to appear as one unified organization with the goal of providing a seamless experience for taxpayers in their online interactions with the agencies. +(h) It is therefore in California’s best interest to develop an Internet Web-based, taxpayer-focused system that virtually consolidates the State Board of Equalization, the Franchise Tax Board, and the Employment Development Department. In developing a taxpayer-focused system, the fundamental objective should be a platform that provides an integrated experience for taxpayers, to enable online self-service access with a single logon for all three agencies, and to provide pertinent and essential information that will enable taxpayers to satisfy their payment and reporting obligations, obtain real-time information pertinent to their individual accounts, and provide assistance that will enable taxpayers to achieve optimum compliance with California’s complex tax system. +SEC. 2. +Section 39 is added to the Revenue and Taxation Code, to read: +39. +(a) (1) On or before January 1, 2017, the board, the Franchise Tax Board, and the Employment Development Department shall collaborate and focus their current and future information technology efforts to conduct a feasibility study on the development of a single Internet Web-based portal that virtually consolidates the agencies to enable online, self-service access through a single logon for taxpayers to electronically file returns, submit forms or other information, determine account balances and due dates of taxes, remit amounts due, identify the status of any appeal, claim for refund, request for relief of interest or penalty, and any other information the agencies deem helpful to the taxpayer to assist in compliance with the state’s tax laws. The feasibility study shall consider the California Tax Service Center Internet Web site in its analysis. +(2) The feasibility study shall be conducted with the existing budgets of the board, the Franchise Tax Board, and the Employment Development Department. An appropriation shall not be made by the Legislature to fund the feasibility study. +(3) The feasibility study shall be submitted to the Legislature no later than six months after the study is completed and shall be submitted in compliance with Section 9795 of the Government Code. +(4) This subdivision shall become inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code. +(b) As part of this effort, upon a joint determination by the agencies that a need exists to improve cost-effective services to taxpayers and an appropriation by the Legislature, these agencies shall also consolidate forms, applications, and other documents to reduce or eliminate the number of multiple submissions of the same information by taxpayers. +SECTION 1. +Section 34 of the +Revenue and Taxation Code +is amended to read: +34. +Whenever an amount of money paid by a person to the state or any of its agencies includes a sum that can be identified as in fact intended as payment of a locally administered tax that should have been paid directly to a city, city and county, county or district within the state, the state or its agency may pay the amount to the local government entitled thereto and notify the payor of its action. This procedure, however, shall not be followed by the state or any of its agencies unless the governing body of the local government concerned has, by resolution, agreed with respect to those payments that a timely payment received by the state or its agency will be regarded as a timely payment to the local government concerned, and that it will process all claims with respect to that payment in the same manner as though the payment had been made to it in the first instance.","Existing law imposes various taxes that are administered by the Franchise Tax Board, the State Board of Equalization, and the Employment Development Department. +This bill would require, on or before January 1, 2017, the State Board of Equalization, the Franchise Tax Board, and the Employment Development Department to collaborate and focus the agencies’ current and future information technology efforts to conduct a feasibility study on the development of a single Internet Web site portal that virtually consolidates the agencies to enable online, self-service access to the agencies, as provided, and to submit the study to the Legislature. The bill would also require these agencies, upon a joint determination by the agencies that a need exists to improve cost-effective services to taxpayers and an appropriation by the Legislature, to consolidate forms, applications, and other documents to reduce or eliminate the number of multiple submissions of the same information by taxpayers. +Under existing law, whenever an amount of money paid by a person to the state includes a sum that can be identified as intended as payment of a locally administered tax that should have been paid directly to a local government within the state, the state is authorized to pay the amount to the local government and notify the payor of its action. However, existing law prohibits this procedure from being followed unless the governing body of the local government has, by resolution, agreed with respect to those payments that a timely payment received by the state will be regarded as a timely payment to the local government concerned, as provided. +This bill would make nonsubstantive changes to those provisions.","An act to +amend Section 34 of +add Section 39 to +the Revenue and Taxation Code, relating to taxation." +631,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 8670.40 of the Government Code is amended to read: +8670.40. +(a) The State Board of Equalization shall collect a fee in an amount determined by the administrator to be sufficient to pay the reasonable regulatory costs to carry out the purposes set forth in subdivision (e), and a reasonable reserve for contingencies. The annual assessment shall not exceed six and one-half cents ($0.065) per barrel of crude oil or petroleum products. The oil spill prevention and administration fee shall be based on each barrel of crude oil or petroleum products, as described in subdivision (b). +(b) (1) The oil spill prevention and administration fee shall be imposed upon a person owning crude oil at the time that the crude oil is received at a marine terminal, by any mode of delivery that passed over, across, under, or through waters of the state, from within or outside the state, and upon a person who owns petroleum products at the time that those petroleum products are received at a marine terminal, by any mode of delivery that passed over, across, under, or through waters of the state, from outside this state. The fee shall be collected by the marine terminal operator from the owner of the crude oil or petroleum products for each barrel of crude oil or petroleum products received. +(2) The oil spill prevention and administration fee shall be imposed upon a person owning crude oil or petroleum products at the time that the crude oil or petroleum products are received at a refinery within the state by any mode of delivery that passed over, across, under, or through waters of the state, whether from within or outside the state. The refinery shall collect the fee from the owner of the crude oil or petroleum products for each barrel received. +(3) (A) There is a rebuttable presumption that crude oil or petroleum products received at a marine terminal or a refinery have passed over, across, under, or through waters of the state. This presumption may be overcome by a marine terminal operator, refinery operator, or owner of the crude oil or petroleum products by showing that the crude oil or petroleum products did not pass over, across, under, or through waters of the state. Evidence to rebut the presumption may include, but shall not be limited to, documentation, including shipping documents, bills of lading, highway maps, rail maps, transportation maps, related transportation receipts, or another medium, that shows the crude oil or petroleum products did not pass over, across, under, or through waters of the state. +(B) Notwithstanding the petition for redetermination and claim for refund provisions of the Oil Spill Response, Prevention, and Administration Fees Law (Part 24 (commencing with Section 46001) of Division 2 of the Revenue and Taxation Code), the State Board of Equalization shall not do either of the following: +(i) Accept or consider a petition for redetermination of fees determined pursuant to this section if the petition is founded upon the grounds that the crude oil or petroleum products did or did not pass over, across, under, or through waters of the state. +(ii) Accept or consider a claim for a refund of fees paid pursuant to this section if the claim is founded upon the grounds that the crude oil or petroleum products did or did not pass over, across, under, or through waters of the state. +(C) The State Board of Equalization shall forward to the administrator an appeal of a redetermination or a claim for a refund of fees that is based on the grounds that the crude oil or petroleum products did or did not pass over, across, under, or through waters of the state. +(4) The fees shall be remitted to the State Board of Equalization by the refinery operator or the marine terminal operator on the 25th day of the month based upon the number of barrels of crude oil or petroleum products received at a refinery or marine terminal during the preceding month. A fee shall not be imposed pursuant to this section with respect to crude oil or petroleum products if the person who would be liable for that fee, or responsible for its collection, establishes that the fee has already been collected by a refinery or marine terminal operator registered under this chapter or paid to the State Board of Equalization with respect to the crude oil or petroleum product. +(5) The oil spill prevention and administration fee shall not be collected by a marine terminal operator or refinery operator or imposed on the owner of crude oil or petroleum products if the fee has been previously collected or paid on the crude oil or petroleum products at another marine terminal or refinery. A marine terminal operator or a refinery operator receiving petroleum products derived from crude oil refined in the state may presume the fee has been previously collected. +(6) An owner of crude oil or petroleum products is liable for the fee until it has been paid to the State Board of Equalization, except that payment to a refinery operator or marine terminal operator registered under this chapter is sufficient to relieve the owner from further liability for the fee. +(7) On or before January 20, the administrator shall annually prepare a plan that projects revenues and expenses over three fiscal years, including the current year. Based on the plan, the administrator shall set the fee so that projected revenues, including any interest and inflation, are equivalent to expenses as reflected in the current Budget Act and in the proposed budget submitted by the Governor. In setting the fee, the administrator may allow for a surplus if the administrator finds that revenues will be exhausted during the period covered by the plan or that the surplus is necessary to cover possible contingencies. The administrator shall notify the State Board of Equalization of the adjusted fee rate, which shall be rounded to no more than four decimal places, to be effective the first day of the month beginning not less than 30 days from the date of the notification. +(c) The moneys collected pursuant to subdivision (a) shall be deposited into the fund. +(d) The State Board of Equalization shall collect the fee and adopt regulations for implementing the fee collection program. +(e) The fee described in this section shall be collected solely for all of the following purposes: +(1) To implement oil spill prevention programs through rules, regulations, leasing policies, guidelines, and inspections and to implement research into prevention and control technology. +(2) To carry out studies that may lead to improved oil spill prevention and response. +(3) To finance environmental and economic studies relating to the effects of oil spills. +(4) To implement, install, and maintain emergency programs, equipment, and facilities to respond to, contain, and clean up oil spills and to ensure that those operations will be carried out as intended. +(5) To reimburse the State Board of Equalization for its reasonable costs incurred to implement this chapter and to carry out Part 24 (commencing with Section 46001) of Division 2 of the Revenue and Taxation Code. +(6) To fund the Oiled Wildlife Care Network pursuant to Section 8670.40.5. +(f) The moneys deposited in the fund shall not be used for responding to a spill. +(g) The moneys deposited in the fund shall not be used to provide a loan to any other fund. +(h) The amendments to this section enacted in Section 37 of Chapter 35 of the Statutes of 2014 shall become operative September 18, 2014. +SEC. 2. +Section 46008 is added to the Revenue and Taxation Code, to read: +46008. +“Barrel” means 42 gallons of crude oil or petroleum products. +SEC. 3. +Section 46018 of the Revenue and Taxation Code is repealed. +SEC. 4. +Section 46101 of the Revenue and Taxation Code is amended to read: +46101. +(a) Every person who operates a refinery in this state, a marine terminal in waters of the state, or operates a pipeline to transport crude oil out of the state or petroleum products into the state shall register with the board for the purposes of Section 8670.48 of the Government Code. +(b) Every person who operates a refinery in this state or a marine terminal in waters of the state shall register with the board for the purposes of Section 8670.40 of the Government Code. +SEC. 5. +It is the intent of the Legislature that the State Board of Equalization collect the oil spill prevention and administration fee imposed on crude oil or petroleum products pursuant to Section 8670.40 of the Government Code only upon first delivery to a refinery or marine terminal, as described in subdivision (b) of Section 8670.40 of the Government Code, and not upon subsequent movement of that same crude oil or petroleum products derived after that first delivery.","(1) The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness, and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. +The act imposes an oil spill prevention and administration fee in an amount determined by the administrator to be sufficient to implement oil spill prevention activities, but not to exceed $0.065 per barrel of crude oil or petroleum products, and to be remitted to the State Board of Equalization. The act requires the oil spill prevention and administration fee to be imposed upon a person owning crude oil or petroleum products at the time that the crude oil or petroleum products are received at a marine terminal or refinery by specified modes of delivery from within or outside the state, as specified. The act prohibits the fee from being collected by a marine terminal operator or refinery operator or imposed on the owner of crude oil or petroleum products if the fee has been previously collected or paid on the crude oil or petroleum products at another marine terminal or refinery and, in that case, requires a marine terminal operator, refinery operator, or owner of crude oil or petroleum products to demonstrate that the fee has already been paid. +This bill instead would authorize a marine terminal operator or a refinery operator receiving petroleum products derived from crude oil refined in the state to presume the fee has been previously collected. The bill would also no longer require the owner of the crude oil or petroleum products to remit the fee to the board. The bill would make conforming changes. +This bill would state the intent of the Legislature that the board collect the oil spill prevention and administration fee only upon first delivery to a refinery or marine terminal and not upon the subsequent movement of that same crude oil or petroleum products following that first delivery. +(2) Existing law requires every person who operates a refinery in this state, a marine terminal in waters of the state, or a pipeline to transport crude oil or petroleum products out of the state to register with the board. Existing law defines, for the purposes of the board’s administration of those provisions, certain terms, including, among others, oil. +This bill instead would require every person who operates a refinery in this state, a marine terminal in waters of the state, or a pipeline to transport crude oil out of the state or petroleum products into the state to register with the board for the purposes of the oil spill prevention and administration fee and the uniform oil spill response fee, as applicable. The bill would delete the definition of oil, and would define barrel to mean 42 gallons of crude oil or petroleum products for these purposes.","An act to amend Section 8670.40 of the Government Code, and to amend Section 46101 of, to add Section 46008 to, and to repeal Section 46018 of, the Revenue and Taxation Code, relating to oil spills." +632,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 22584 of the Business and Professions Code is amended to read: +22584. +(a) For the purposes of this section, “operator” means the operator of an Internet Web site, online service, online application, or mobile application +that, +pursuant to a contract or agreement with a school or district, establishes +with actual knowledge that +the site, service, or application +that +is used primarily for K–12 school purposes and was designed and marketed +primarily +for K–12 school purposes. +(b) An operator shall not knowingly engage in any of the following activities with respect to their site, service, or application: +(1) (A) Engage in targeted advertising on the operator’s site, service, or application, or (B) target advertising on any other site, service, or application when the targeting of the advertising is based upon any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator’s site, service, or application described in subdivision (a). +(2) Use information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application, to amass a profile about a K–12 student except in furtherance of K–12 school purposes. +(3) Sell a student’s information, including covered information. This prohibition does not apply to the purchase, merger, or other type of acquisition of an operator by another entity, provided that the operator or successor entity continues to be subject to the provisions of this section with respect to previously acquired student information. +(4) Disclose covered information unless the disclosure is made: +(A) In furtherance of the K–12 purpose of the site, service, or application, provided the recipient of the covered information disclosed pursuant to this subparagraph: +(i) Shall not further disclose the information unless done to allow or improve operability and functionality within that student’s classroom or school; and +(ii) Is legally required to comply with subdivision (d); +(B) To ensure legal and regulatory compliance; +(C) To respond to or participate in judicial process; +(D) To protect the safety of users or others or security of the site; or +(E) To a service provider, provided the operator contractually (i) prohibits the service provider from using any covered information for any purpose other than providing the contracted service to, or on behalf of, the operator, (ii) prohibits the service provider from disclosing any covered information provided by the operator with subsequent third parties, and (iii) requires the service provider to implement and maintain reasonable security procedures and practices as provided in subdivision (d). +(c) Nothing in subdivision (b) shall be construed to prohibit the operator’s use of information for maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application. +(d) An operator shall: +(1) Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and protect that information from unauthorized access, destruction, use, modification, or disclosure. +(2) Delete a student’s covered information if the school or district requests deletion of data under the control of the school or district. +(e) Notwithstanding paragraph (4) of subdivision (b), an operator may disclose covered information of a student, as long as paragraphs (1) to (3), inclusive, of subdivision (b) are not violated, under the following circumstances: +(1) If other provisions of federal or state law require the operator to disclose the information, and the operator complies with the requirements of federal and state law in protecting and disclosing that information. +(2) For legitimate research purposes: (A) as required by state or federal law and subject to the restrictions under applicable state and federal law or (B) as allowed by state or federal law and under the direction of a school, school district, or state department of education, if no covered information is used for any purpose in furtherance of advertising or to amass a profile on the student for purposes other than K–12 school purposes. +(3) To a state or local educational agency, including schools and school districts, for K–12 school purposes, as permitted by state or federal law. +(f) Nothing in this section prohibits an operator from using deidentified student covered information as follows: +(1) Within the operator’s site, service, or application or other sites, services, or applications owned by the operator to improve educational products. +(2) To demonstrate the effectiveness of the operator’s products or services, including in their marketing. +(g) Nothing in this section prohibits an operator from sharing aggregated deidentified student covered information for the development and improvement of educational sites, services, or applications. +(h) “Online service” includes cloud computing services, which must comply with this section if they otherwise meet the definition of an operator. +(i) “Covered information” means personally identifiable information or materials, in any media or format that meets any of the following: +(1) Is created or provided by a student, or the student’s parent or legal guardian, to an operator in the course of the student’s, parent’s, or legal guardian’s use of the operator’s site, service, or application for K–12 school purposes. +(2) Is created or provided by an employee or agent of the K–12 school, school district, local education agency, or county office of education, to an operator for K–12 school purposes. +(3) Is gathered by an operator through the operation of a site, service, or application described in subdivision (a) and is descriptive of a student or otherwise identifies a student, including, but not limited to, information in the student’s educational record or email, first and last name, home address, telephone number, email address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, or geolocation information. +(j) “K–12 school purposes” means purposes that customarily take place at the direction of the K–12 school, teacher, or school district or aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents, or are for the use and benefit of the school. +“K-12 school purposes” do not include communications to and from parents or students 14 years of age or older regarding postsecondary or extracurricular educational, military, or career products or services, including, but not limited to, college readiness assessments and preparation for them, recruitment for and financing of the costs of those product and service opportunities, and educational assistance or enrichment opportunities. +(k) This section shall not be construed to limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction. +(l) This section does not limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes. +(m) This section does not apply to general audience Internet Web sites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator’s site, service, or application may be used to access those general audience sites, services, or applications. +(n) This section does not limit Internet service providers from providing Internet connectivity to schools or students and their families. +(o) This section shall not be construed to prohibit an operator of an Internet Web site, online service, online application, or mobile application from marketing educational products directly to parents so long as the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this section. +(p) This section does not impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance of this section on those applications or software. +(q) This section does not impose a duty upon a provider of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, to review or enforce compliance with this section by third-party content providers. +(r) This section does not impede the ability of students to download, export, or otherwise save or maintain their own student created data or documents.","Existing law, commencing on January 1, 2016, prohibits an operator from knowingly engaging in targeted advertising to students or their parents or legal guardians using covered information, as defined, amassing a profile of a K–12 student, selling a student’s information, or disclosing covered information, as provided. Existing law defines an “operator” as the operator of an Internet Web site, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K–12 school +purposes +purposes, as defined, +and was designed and marketed for K–12 school purposes. +Under existing law, “K-12 school purposes” means those purposes that customarily take place at the direction of the K–12 school, teacher, or school district or aid in the administration of school activities. +This bill would redefine an “operator” as the operator of an Internet Web site, online service, online application, or mobile application that, pursuant to a contract or agreement with a school or district, establishes the site, service, or application used primarily for K–12 school purposes and was designed and marketed primarily for K–12 school purposes. +This bill would specify that “K-12 school purposes” do not include communications to and from parents or students 14 years of age or older regarding postsecondary or extracurricular educational, military, or career products or services, as specified.","An act to amend Section 22584 of the Business and Professions Code, relating to privacy." +633,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) All pupils deserve and need safe and supportive school environments in which to learn. +(2) Despite much progress, California lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils often face verbal, physical, and online harassment, which has significant effects on their academic achievement. +(3) In the Gay Lesbian & Straight Education Network’s (GLSEN) 2013 National School Climate Survey, 91 percent of California LGBTQ pupils reported hearing anti-LGBTQ remarks, 7 in 10 reported being called names or threatened based on their sexual orientation, nearly one-third reported physical harassment or assault, and 46 percent reported cyberbullying. +(4) These problems have direct effects on pupils’ school performance. GLSEN survey data shows that the average grade point average for LGBTQ pupils who have experienced harassment is significantly lower than for LGBTQ pupils who have not, and that 30 percent of LGBTQ pupils report frequently skipping class or missing whole days of school because they felt unsafe at school. +(5) In spite of these problems, research has shown that LGBTQ pupils who are harassed or assaulted in school do not report these incidents to school staff, primarily because they believe school staff will not do anything about the problem. +(6) Creating supportive learning environments for LGBTQ pupils improves pupil performance. Pupils in schools with peer support clubs report less harassment and assault, are more likely to report incidents when they occur, and are less likely to miss school because of safety concerns. +(7) The federal Centers for Disease Control and Prevention (CDC) monitors and funds local efforts to provide professional development for educators on safe and supportive environments for LGBTQ pupils, foster schoolsite resources such as Gay Straight Alliance clubs and “safe spaces” for LGBTQ pupils, and promote referrals to school and community health professionals with experience providing support to LGBTQ pupils. +(8) CDC data shows that only 50 percent of California schools facilitate access to schoolsite and community health resources for LGBTQ pupils, and only 39 percent have peer support clubs. +(b) The Legislature therefore encourages school districts, county offices of education, and charter schools to provide information on existing schoolsite and community resources as required by subdivision (d) of Section 234.1 of the Education Code as part of a more comprehensive effort to educate school staff on the support of LGBTQ pupils. +SEC. 2. +Section 234.1 of the Education Code is amended to read: +234.1. +The department, pursuant to subdivision (b) of Section 64001, shall monitor adherence to the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter as part of its regular monitoring and review of local educational agencies, commonly known as the Categorical Program Monitoring process. The department shall assess whether local educational agencies have done all of the following: +(a) Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics set forth in Section 422.55 of the Penal Code and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy shall include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district. +(b) Adopted a process for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying based on any of the actual or perceived characteristics set forth in Section 422.55 of the Penal Code and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The complaint process shall include, but not be limited to, all of the following: +(1) A requirement that, if school personnel witness an act of discrimination, harassment, intimidation, or bullying, they shall take immediate steps to intervene when safe to do so. +(2) A timeline to investigate and resolve complaints of discrimination, harassment, intimidation, or bullying that shall be followed by all schools under the jurisdiction of the school district. +(3) An appeal process afforded to the complainant should he or she disagree with the resolution of a complaint filed pursuant to this section. +(4) All forms developed pursuant to this process shall be translated pursuant to Section 48985. +(c) Publicized antidiscrimination, antiharassment, anti-intimidation, and antibullying policies adopted pursuant to subdivision (a), including information about the manner in which to file a complaint, to pupils, parents, employees, agents of the governing board, and the general public. The information shall be translated pursuant to Section 48985. +(d) Provided, incident to the publicizing described in subdivision (c), to certificated schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, who are employed by the local educational agency, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils. Schoolsite resources may include, but are not limited to, peer support or affinity clubs and organizations, safe spaces for LGBTQ pupils, counseling services, staff who have received antibias or other training aimed at supporting these pupils or who serve as designated support to these pupils, health and other curriculum materials that are inclusive of, and relevant to, these pupils, online training developed pursuant to Section 32283.5, and other policies adopted pursuant to this article, including related complaint procedures. Community resources may include, but are not limited to, community-based organizations that provide support to LGBTQ pupils and their families, and physical and mental health providers with experience or training in treating or supporting these pupils. +(e) Posted the policy established pursuant to subdivision (a) in all schools and offices, including staff lounges and pupil government meeting rooms. +(f) Maintained documentation of complaints and their resolution for a minimum of one review cycle. +(g) Ensured that complainants are protected from retaliation and that the identity of a complainant alleging discrimination, harassment, intimidation, or bullying remains confidential, as appropriate. +(h) Identified a responsible local educational agency officer for ensuring school district or county office of education compliance with the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter.","Existing law establishes the system of public elementary and secondary schools in this state, and provides for the establishment of local educational agencies to operate these schools and provide instruction to pupils. Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state. Existing law, the Safe Place to Learn Act, requires the State Department of Education, as part of its regular monitoring and review of a local educational agency, to assess whether the local educational agency has, among other things, adopted a policy that prohibits discrimination, harassment, intimidation, and bullying, as specified, and has publicized that policy to pupils, parents, employees, agents of the governing board, and the general public. +This bill would require the department to also assess whether the local educational agency has provided to certificated schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning pupils, as specified.","An act to amend Section 234.1 of the Education Code, relating to safe schools." +634,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California relies on private nonprofit colleges and universities accredited by the Western Association of Schools and Colleges (WASC) to help meet the state’s higher education needs. +(b) The maximum award for Cal Grant students attending WASC accredited private nonprofit colleges and universities has not increased since its maximum of $9,708 in 1999: +(1) It was cut by almost 15 percent for the 2004–05 and 2005–06 cohorts. +(2) It was cut by 5 percent for new and renewal students for the 2012–13 award year, and by an additional 1.5 percent in the 2013–14 award year. It is scheduled for an additional cut of 11.3 percent in the 2015–16 award year for new awardees. +(3) If the 2000 Cal Grant maximum award had kept up with the rate of inflation, the 2014 award level would be $13,346. +(4) The proposed maximum award for the 2015–16 award year will be the lowest amount California has invested in academically qualified, low-income students that attend private nonprofit WASC accredited institutions since the 1997–98 academic year. +(c) The Cal Grant Program effectively and successfully helps California’s private nonprofit colleges and universities to recruit, retain, and graduate historically underrepresented students from low-income California families. +(d) Predictable and stable funding formulas and eligibility requirements ensure that the state maximizes its investment by allowing families to better plan and pay for higher education, in addition to incentivizing private nonprofit colleges and universities to enroll more low-income Californians. +(e) Legislative action is needed to adopt a reasonable and viable formula that supports predictability and parity for California students at private nonprofit colleges. +SEC. 2. +Section 66021.2 of the Education Code is amended to read: +66021.2. +Consistent with the state’s historic commitment to provide educational opportunity by ensuring both student access to and selection of an institution of higher education for students with financial need, the long-term policy of the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 shall be as follows: +(a) Commencing with the 2001–02 academic year and every year thereafter, an applicant for a Cal Grant A or B award shall receive an award that is not in excess of the financial need amount determined by the Student Aid Commission pursuant to Section 69432.9 if he or she complies with all of the following requirements: +(1) Demonstrates financial need under the criteria adopted pursuant to Section 69432.9. +(2) Attains a grade point average, as defined in Section 69432.7, meeting the requirements of Chapter 1.7 (commencing with Section 69430) of Part 42. +(3) Complies with each of the eligibility criteria applicable to the type of Cal Grant award for which he or she is applying. +(b) (1) The maximum Cal Grant A award for a student attending the University of California or the California State University shall equal the mandatory systemwide fees in each of those segments. +(2) The maximum Cal Grant B award for a student to which this subdivision is applicable shall equal the mandatory systemwide fees in the segment attended by the student, except for community college students who receive waivers from the Board of Governors of the California Community Colleges, plus the access award calculated as specified in Article 3 (commencing with Section 69435) of Chapter 1.7 of Part 42, except that in the first year of enrollment in a qualifying institution, the maximum award shall be only for the amount of the access award. +(c) The maximum Cal Grant awards for students attending nonpublic institutions shall be as follows: +(1) The maximum Cal Grant A award shall equal the tuition award level established in the Budget Act of 2000, or the amount as adjusted in subsequent annual budget acts. +(2) The maximum Cal Grant B award shall equal the amount of the tuition award as established in the Budget Act of 2000, or the amount as adjusted in subsequent annual budget acts, plus the amount of the access costs specified in Section 69435, except that, in the first year of enrollment in a qualifying institution, the maximum award shall be only for the amount of the access award. +(3) Notwithstanding paragraphs (1) and (2), and notwithstanding Section 69432: +(A) The maximum Cal Grant award for a student attending a private nonprofit postsecondary educational institution shall be set and maintained at 75 percent of the base funding per Cal Grant student at the University of California and the California State University, as determined by the average General Fund support per student at the California State University and the University of California, plus the maximum Cal Grant award at those segments each multiplied by the percentage of California resident full-time equivalent students at both segments who attend the respective segment, except as provided in clauses (i) to (iv), inclusive. +(i) For the 2015–16 award year, the maximum award shall be nine thousand eighty-four dollars ($9,084). +(ii) For the 2016–17 award year, the maximum award shall be 70 percent of the amount calculated pursuant to subparagraph (A). +(iii) For the 2017–18 award year, the maximum award shall be 80 percent of the amount calculated pursuant to subparagraph (A). +(iv) For the 2018–19 award year, the maximum award shall be 90 percent of the amount calculated pursuant to subparagraph (A). +(v) For the 2019–20 award year and each year thereafter, the maximum award shall be 100 percent of the amount calculated pursuant to subparagraph (A). +(B) As a condition for the funding of Cal Grant maximum awards to its students pursuant to subparagraph (A), a private nonprofit postsecondary educational institution shall submit performance metrics to the Association of Independent California Colleges and Universities. The association, in collaboration with the public segments of higher education, shall determine the form and content of these metrics, to ensure data are defined, collected, and reported in a consistent and comparable manner, and to ensure data integrity. The association shall provide that information in a cumulative report generated by the association to the Legislature, the Governor, the Department of Finance, and the Legislative Analyst’s Office on or before March 15, 2016, and on or before March 15 of each year thereafter. The report shall be submitted to the Legislature in compliance with Section 9795 of the Government Code, and shall include all of the following data with respect to each participating private nonprofit postsecondary educational institution: +(i) The number of undergraduate students enrolled in that institution. +(ii) The percentage of undergraduate students of that institution who are California residents. +(iii) The number of graduate students enrolled in that institution. +(iv) The number of transfer students from the California Community Colleges enrolled in that institution. +(v) The percentage of undergraduate students of that institution who are transfer students from the California Community Colleges. +(vi) The number of Pell Grant recipients enrolled in that institution. +(vii) The percentage of undergraduate students of that institution who are Pell Grant recipients. +(viii) The number of Cal Grant recipients enrolled in that institution. With respect to those Cal Grant recipients: +(I) Their ethnic composition, expressed in percentages. +(II) The median amount of institutional aid provided to them. +(ix) The percentage of undergraduate students of that institution who are Cal Grant recipients. +(x) The four- and six-year graduation rates for freshman entrants of that institution: +(I) Disaggregated by Pell Grant recipients. +(II) Disaggregated by Cal Grant recipients. +(xi) The two- and three-year graduation rates for transfer students from the California Community Colleges: +(I) Disaggregated by Pell Grant recipients. +(II) Disaggregated by Cal Grant recipients. +(xii) The number of degrees awarded annually by the institution in total and in each of the following categories: +(I) Undergraduate students who first enrolled in the institution as freshmen. +(II) Undergraduate students who first enrolled in the institution as transfer students. +(III) Graduate students. +(IV) Pell Grant recipients. +(V) The number of degrees or credentials awarded in health-related fields, teacher preparation, and the fields of science, technology, engineering, and mathematics (STEM). +(C) The collection, reporting, and housing of data for the report prepared pursuant to subparagraph (B) shall be conducted both in a manner that ensures data integrity and security and that is in conformance with any federal and state laws on the confidentiality of student information. +(d) Commencing with the 2000–01 academic year, and each academic year thereafter, the Cal Grant C award shall be utilized only for occupational or technical training. +(e) Commencing with the 2000–01 academic year, and each academic year thereafter, the Cal Grant T award shall be used only for one academic year of full-time attendance in a program of professional preparation that has been approved by the California Commission on Teacher Credentialing. +(f) An institution of higher education in this state that participates in the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program shall not reduce its level of per capita need-based institutional financial aid to undergraduate students, excluding loans, below the total level awarded in the 2000–01 academic year. +(g) The implementation of the policy set forth in this section shall maintain a balance between the state’s policy goals of ensuring student access to and selection of an institution of higher education for students with financial need and academic merit. +(h) It is the policy of the State of California that the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program supplement the federal Pell Grant program. +(i) An award under the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program shall not guarantee admission to an institution of higher education or admission to a specific campus or program. +SEC. 3. +Section 69432 of the Education Code is amended to read: +69432. +(a) Cal Grant Program awards shall be known as “Cal Grant A Entitlement Awards,” “Cal Grant B Entitlement Awards,” “California Community College Transfer Entitlement Awards,” “Competitive Cal Grant A and B Awards,” “Cal Grant C Awards,” and “Cal Grant T Awards.” +(b) Maximum award amounts for students at independent institutions and for Cal Grant C and T awards shall be identified in the annual Budget Act. Maximum award amounts for Cal Grant A and B awards for students attending public institutions shall be referenced in the annual Budget Act. +(c) (1) Notwithstanding subdivision (b), +and subdivision (c) of Section 66021.2, +commencing with the 2013–14 award year, the maximum tuition award amounts for Cal Grant A and B awards for students attending private for-profit and nonprofit postsecondary educational institutions shall be as follows: +(A) Four thousand dollars ($4,000) for new recipients attending private for-profit postsecondary educational institutions. +(B) For the 2014–15 award year, nine thousand eighty-four dollars ($9,084) for new recipients attending private nonprofit postsecondary educational institutions. For the 2015–16 award year and each award year thereafter, +eight thousand fifty-six dollars ($8,056) for new recipients attending private nonprofit postsecondary educational institutions. +the amount determined pursuant to paragraph (3) of subdivision (c) of Section 66021.2. +(2) The renewal award amount for a student whose initial award is subject to a maximum award amount specified in this subdivision shall be calculated pursuant to paragraph (2) of subdivision (a) of Section 69433. +(3) Notwithstanding subparagraph (A) of paragraph (1), +commencing with the 2015–16 award year, the maximum tuition award amount for +new recipients attending private for-profit postsecondary educational institutions that are accredited by the Western Association of Schools and Colleges as of July 1, 2012, shall +have the same maximum tuition award amounts as are set forth in subparagraph (B) of paragraph (1). +be eight thousand fifty-six dollars ($8,056). +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to set the amounts of Cal Grant awards for students who are attending private nonprofit postsecondary educational institutions before the commencement of the 2015–16 award year, it is necessary that this act take effect immediately.","Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Cal Grant Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. Existing law specifies the amounts of the maximum Cal Grant A and B awards for students attending private nonprofit postsecondary educational institutions and private for-profit postsecondary educational institutions that are regionally accredited, as specified. +This bill would change, in accordance with a prescribed formula, the maximum Cal Grant awards for students attending private nonprofit postsecondary educational institutions, commencing with the 2015–16 award year. The bill would impose requirements on private nonprofit postsecondary educational institutions to provide specified data to a specified association as a condition for the funding of Cal Grant maximum awards to their students, and would require the association to report on that information to the Legislature, the Governor, the Department of Finance, and the Legislative Analyst’s Office. +The bill would also make conforming changes. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 66021.2 and 69432 of the Education Code, relating to student financial aid, and declaring the urgency thereof, to take effect immediately." +635,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature to build a stable, comprehensive, and adequately funded high-quality early learning and educational support system for children from birth to five years of age, inclusive, with alignment and integration into the K–12 education system by strategically using state and federal funds, and engaging all early care and education stakeholders, including K–12 education stakeholders, in an effort to provide access to affordable, high-quality services supported by adequate rates, integrated data systems, and a strong infrastructure that supports children and the educators that serve them. +SEC. 2. +Article 15.3 (commencing with Section 8340) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: +Article 15.3. Individualized County of Alameda Child Care Subsidy Plan +8340. +The County of Alameda may, as a pilot project, develop and implement an individualized county child care subsidy plan. The plan shall ensure that child care subsidies received by the County of Alameda are used to address local needs, conditions, and priorities of working families in the community. +8340.1. +For purposes of this article, “county” means the County of Alameda. +8340.2. +(a) For purposes of this article, “plan” means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 8340, which includes all of the following: +(1) An assessment to identify the county’s goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the county’s child care goals coincide with the state’s requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the state’s child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following: +(A) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition. +(B) The current supply of available subsidized child care. +(C) The level of need for various types of subsidized child care services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs. +(D) The county’s self-sufficiency income level. +(E) Income eligibility levels for subsidized child care. +(F) Family fees. +(G) The cost of providing child care. +(H) The regional market rates, as established by the department, for different types of child care. +(I) The standard reimbursement rate or state per diem for centers operating under contracts with the department. +(J) Trends in the county’s unemployment rate and housing affordability index. +(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the county’s achievement of its desired outcomes for subsidized child care. +(B) The local policy shall do all of the following: +(i) Prioritize lowest income families first. +(ii) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1. +(iii) Meet local goals that are consistent with the state’s child care goals. +(iv) Identify existing policies that would be affected by the county’s plan. +(v) (I) Authorize an agency that provides child care and development services in the county through a contract with the department and either provides direct services or contracts with licensed providers or centers to apply to the department to amend existing contracts in order to benefit from the local policy. +(II) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8340.3. +(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable. +(C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors: +(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, inclusion of former and current CalWORKs participants, and special needs considerations, except that the local policy shall not deny or reduce eligibility of a family that qualifies for child care pursuant to Section 8353. Under the local policy, a family that qualifies for child care pursuant to Section 8354 shall be treated for purposes of eligibility and fees in the same manner as a family that qualifies for subsidized child care on another basis pursuant to the local policy. +(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1. +(iii) Reimbursement rates. +(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies. +(3) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the county and contractors that contract with licensed providers and centers are eligible to be included in the county’s plan. +(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the county’s child care goals, and to overcome any barriers identified in the state’s child care subsidy system. +(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county. +8340.3. +(a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the County of Alameda shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the Early Education and Support Division of the department for review. +(b) Within 30 days of receiving the plan, the Early Education and Support Division shall review and either approve or disapprove the plan. +(c) Within 30 days of receiving a modification to the plan, the Early Education and Support Division shall review and either approve or disapprove that modification to the plan. +(d) The Early Education and Support Division may disapprove only those portions of modifications to the plan that are not in conformance with this article or that are in conflict with federal law. +8340.4. +The county shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8340.5, an increase in the aggregate days a child is enrolled in child care in the county as compared to the enrollment in the final quarter of the 2014–2015 fiscal year. +8340.5. +(a) The county shall annually prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the county’s plan, and the county’s ability to maximize the use of funds and to improve and stabilize child care in the county. +(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. +8340.6. +A participating contractor shall receive an increase or decrease in funding that the contractor would have received if the contractor had not participated in the plan. +8340.7. +This article shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 3. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the County of Alameda. Existing law does not reflect the fiscal reality of living in the County of Alameda, a high-cost county where the cost of living is well beyond the state median level, resulting in reduced access to quality child care. In recognition of the unintended consequences of living in a high-cost county, this act is necessary to provide children and families in the County of Alameda proper access to child care through an individualized county child care subsidy plan.","The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality child care programs. Existing law authorizes the County of San Mateo, as a pilot project, to develop an individualized county child care subsidy plan, as provided. +This bill would authorize, until January 1, 2021, the County of Alameda to develop an individualized county child care subsidy plan, as specified. The bill would require the plan to be submitted to the local planning council and the Alameda County Board of Supervisors for approval, as specified. The bill would require the Early Education and Support Division of the State Department of Education to review and approve or disapprove the plan and any subsequent modifications to the plan. The bill would require the County of Alameda to annually prepare and submit to the Legislature, the State Department of Social Services, and the State Department of Education a report that contains specified information relating to the success of the county’s plan. +This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Alameda.","An act to add and repeal Article 15.3 (commencing with Section 8340) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, relating to child care and development services." +636,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 89002 is added to the Government Code, to read: +89002. +(a) For purposes of this section, the following terms have the following meanings: +(1) “Public advertisement” means an advertisement, including a broadcast, billboard, or newspaper advertisement, that is paid for from the funds of a state or local public entity. +(2) “Featuring a candidate” means containing the voice or image of, or a statement attributable to, a candidate. +(b) A person or entity shall not disseminate, broadcast, or otherwise publish a public advertisement featuring a candidate for elective office within 90 days before the date of the election at which the candidate will appear on the ballot. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 3. +The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. +SECTION 1. +Section 82015 of the +Government Code +is amended to read: +82015. +(a)“Contribution” means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes. +(b)(1)A payment made at the behest of a committee, as defined in subdivision (a) of Section 82013, is a contribution to the committee unless full and adequate consideration is received from the committee for making the payment. +(2)A payment made at the behest of a candidate is a contribution to that candidate, unless the criteria in either subparagraph (A) or (B) are satisfied: +(A)Full and adequate consideration is received from the candidate. +(B)It is clear from the surrounding circumstances that the payment was made for purposes unrelated to his or her candidacy for elective office. The following types of payments are presumed to be for purposes unrelated to a candidate’s candidacy for elective office: +(i)A payment made principally for personal purposes, in which case it may be considered a gift under the provisions of Section 82028. Payments that are otherwise subject to the limits of Section 86203 are presumed to be principally for personal purposes. +(ii)A payment made by a state, local, or federal governmental agency or by a nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. +(iii)A payment not covered by clause (i), made principally for legislative, governmental, or charitable purposes, in which case it is neither a gift nor a contribution. However, payments of this type that are made at the behest of a candidate who is an elected officer shall be reported within 30 days following the date on which the payment or payments equal or exceed five thousand dollars ($5,000) in the aggregate from the same source in the same calendar year in which they are made. The report shall be filed by the elected officer with the elected officer’s agency and shall be a public record subject to inspection and copying pursuant to subdivision (a) of Section 81008. The report shall contain the following information: name of payor, address of payor, amount of the payment, date or dates the payment or payments were made, the name and address of the payee, a brief description of the goods or services provided or purchased, if any, and a description of the specific purpose or event for which the payment or payments were made. Once the five-thousand-dollar ($5,000) aggregate threshold from a single source has been reached for a calendar year, all payments for the calendar year made by that source shall be disclosed within 30 days after the date the threshold was reached or the payment was made, whichever occurs later. Within 30 days after receipt of the report, state agencies shall forward a copy of these reports to the Commission, and local agencies shall forward a copy of these reports to the officer with whom elected officers of that agency file their campaign statements. +(C)For purposes of subparagraph (B), a payment is made for purposes related to a candidate’s candidacy for elective office if all or a portion of the payment is used for election-related activities. For purposes of this subparagraph, “election-related activities” shall include, but are not limited to, the following: +(i)Communications that contain express advocacy of the nomination or election of the candidate or the defeat of his or her opponent. +(ii)Communications that contain reference to the candidate’s candidacy for elective office, the candidate’s election campaign, or the candidate’s or his or her opponent’s qualifications for elective office. +(iii)Solicitation of contributions to the candidate or to third persons for use in support of the candidate or in opposition to his or her opponent. +(iv)Arranging, coordinating, developing, writing, distributing, preparing, or planning of any communication or activity described in clause (i), (ii), or (iii). +(v)Recruiting or coordinating campaign activities of campaign volunteers on behalf of the candidate. +(vi)Preparing campaign budgets. +(vii)Preparing campaign finance disclosure statements. +(viii)Communications directed to voters or potential voters as part of activities encouraging or assisting persons to vote if the communication contains express advocacy of the nomination or election of the candidate or the defeat of his or her opponent. +(D)A contribution made at the behest of a candidate for a different candidate or to a committee not controlled by the behesting candidate is not a contribution to the behesting candidate. +(3)A payment made at the behest of a member of the Public Utilities Commission, made principally for legislative, governmental, or charitable purposes, is not a contribution. However, payments of this type shall be reported within 30 days following the date on which the payment or payments equal or exceed five thousand dollars ($5,000) in the aggregate from the same source in the same calendar year in which they are made. The report shall be filed by the member with the Public Utilities Commission and shall be a public record subject to inspection and copying pursuant to subdivision (a) of Section 81008. The report shall contain the following information: name of payor, address of payor, amount of the payment, date or dates the payment or payments were made, the name and address of the payee, a brief description of the goods or services provided or purchased, if any, and a description of the specific purpose or event for which the payment or payments were made. Once the five-thousand-dollar ($5,000) aggregate threshold from a single source has been reached for a calendar year, all payments for the calendar year made by that source shall be disclosed within 30 days after the date the threshold was reached or the payment was made, whichever occurs later. Within 30 days after receipt of the report, the Public Utilities Commission shall forward a copy of these reports to the Fair Political Practices Commission. +(c)“Contribution” includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events; the candidate’s own money or property used on behalf of his or her candidacy, other than personal funds of the candidate used to pay either a filing fee for a declaration of candidacy or a candidate statement prepared pursuant to Section 13307 of the Elections Code; the granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; the payment of compensation by any person for the personal services or expenses of any other person if the services are rendered or expenses incurred on behalf of a candidate or committee without payment of full and adequate consideration. +(d)“Contribution” further includes any transfer of anything of value received by a committee from another committee, unless full and adequate consideration is received. +(e)“Contribution” does not include amounts received pursuant to an enforceable promise to the extent those amounts have been previously reported as a contribution. However, the fact that those amounts have been received shall be indicated in the appropriate campaign statement. +(f)(1)Except as provided in paragraph (2) or (3), “contribution” does not include a payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupant’s home or office if the costs for the meeting or fundraising event are five hundred dollars ($500) or less. +(2)“Contribution” includes a payment made by a lobbyist or a cohabitant of a lobbyist for costs related to a fundraising event held at the home of the lobbyist, including the value of the use of the home as a fundraising event venue. A payment described in this paragraph shall be attributable to the lobbyist for purposes of Section 85702. +(3)“Contribution” includes a payment made by a lobbying firm for costs related to a fundraising event held at the office of the lobbying firm, including the value of the use of the office as a fundraising event venue. +(g)Notwithstanding the foregoing definition of “contribution,” the term does not include volunteer personal services or payments made by any individual for his or her own travel expenses if the payments are made voluntarily without any understanding or agreement that they shall be, directly or indirectly, repaid to him or her. +(h)“Contribution” further includes the payment of public moneys by a state or local governmental agency for a communication to the public that satisfies both of the following: +(1)The communication expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage, or defeat of a clearly identified measure, or, taken as a whole and in context, unambiguously urges a particular result in an election. +(2)The communication is made at the behest of the affected candidate or committee. +(i)“Contribution” further includes a payment made by a person to a multipurpose organization as defined and described in Section 84222.","Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign conduct, including requiring certain disclosures in advertisements made for campaign purposes. Existing law also prohibits an incumbent from sending a newsletter or other mass mailing at public expense. +This bill would define a “public advertisement” as an advertisement that is paid for from the funds of a state or local public entity. This bill would prohibit a person or entity from disseminating, broadcasting, or otherwise publishing a public advertisement, as defined, within 90 days of an election if the advertisement features, as defined, a candidate who will appear on the ballot at that election. +Existing law makes a willful violation of the Political Reform Act of 1974 a misdemeanor and subject offenders to criminal penalties. +The bill would impose a state-mandated local program by creating additional crimes. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a +2/3 +vote of each house and compliance with specified procedural requirements. +This bill would declare that it furthers the purposes of the act. +Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. The act provides that a payment made at the behest of a candidate is a contribution to that candidate, unless full and adequate consideration is received from the candidate or it is clear from the surrounding circumstances that the payment was made for purposes unrelated to his or her candidacy for elective office. +This bill would make a nonsubstantive change to that payment provision.","An act to +amend Section 82015 of +add Section 89002 to +the Government Code, relating to the Political Reform Act of 1974." +637,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 803 of the Penal Code is amended to read: +803. +(a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. +(b) No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter. +(c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses: +(1) Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93. +(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10. +(3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code. +(4) A violation of Section 1090 or 27443 of the Government Code. +(5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code. +(6) Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code. +(7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code. +(8) A violation of Section 22430 of the Business and Professions Code. +(9) A violation of Section 103800 of the Health and Safety Code. +(10) A violation of Section 529a. +(11) A violation of subdivision (d) or (e) of Section 368. +(d) If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations. +(e) A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code. +(f) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under 18 years of age, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object. +(2) This subdivision applies only if all of the following occur: +(A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired. +(B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual. +(C) There is independent evidence that corroborates the victim’s allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim’s allegation. +(3) No evidence may be used to corroborate the victim’s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals. +(4) (A) In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation. +(B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege. +(C) This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith. +(g) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met: +(A) The crime is one that is described in subdivision (c) of Section 290. +(B) The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense. +(2) For purposes of this section, “DNA” means deoxyribonucleic acid. +(h) For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product. +(i) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647. +(j) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense. +(k) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense. +(l) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code.","Existing law defines the crime of vehicular manslaughter as the unlawful killing of a human being without malice while driving a vehicle under specified circumstances, including the commission of an unlawful act, not amounting to a felony, with or without gross negligence. Existing law provides that vehicular manslaughter is punishable as a misdemeanor or felony. +Existing law provides various time limits within which crimes may be prosecuted, except as specified. Existing law authorizes, if a person flees the scene of an accident that caused death or permanent, serious injury, a criminal complaint brought pursuant to specified provisions to be filed within one or 3 years after the completion of the offense, as specified, or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than 6 years after the commission of the offense. +This bill would additionally authorize, if a person flees the scene of an accident, a criminal complaint brought for a violation of specified vehicular manslaughter crimes to be filed either one or 3 years after the commission of the offense, as specified, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than 6 years after the commission of the offense.","An act to amend Section 803 of the Penal Code, relating to vehicular manslaughter." +638,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1505 of the Health and Safety Code is amended to read: +1505. +This chapter does not apply to any of the following: +(a) Any health facility, as defined by Section 1250. +(b) Any clinic, as defined by Section 1202. +(c) Any juvenile placement facility approved by the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or any juvenile hall operated by a county. +(d) Any place in which a juvenile is judicially placed pursuant to subdivision (a) of Section 727 of the Welfare and Institutions Code. +(e) Any child day care facility, as defined in Section 1596.750. +(f) Any facility conducted by and for the adherents of any well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend upon prayer or spiritual means for healing in the practice of the religion of the church or denomination. +(g) Any school dormitory or similar facility determined by the department. +(h) Any house, institution, hotel, homeless shelter, or other similar place that supplies board and room only, or room only, or board only, provided that no resident thereof requires any element of care as determined by the director. +(i) Recovery houses or other similar facilities providing group living arrangements for persons recovering from alcoholism or drug addiction where the facility provides no care or supervision +, except if the facility is subject to the provisions set forth in Section 1534.3 +. +(j) Any alcoholism or drug abuse recovery or treatment facility as defined by Section 11834.11. +(k) Any arrangement for the receiving and care of persons by a relative or any arrangement for the receiving and care of persons from only one family by a close friend of the parent, guardian, or conservator, if the arrangement is not for financial profit and occurs only occasionally and irregularly, as defined by regulations of the department. For purposes of this chapter, arrangements for the receiving and care of persons by a relative shall include relatives of the child for the purpose of keeping sibling groups together. +(l) (1) Any home of a relative caregiver of children who are placed by a juvenile court, supervised by the county welfare or probation department, and the placement of whom is approved according to subdivision (d) of Section 309 of the Welfare and Institutions Code. +(2) Any home of a nonrelative extended family member, as described in Section 362.7 of the Welfare and Institutions Code, providing care to children who are placed by a juvenile court, supervised by the county welfare or probation department, and the placement of whom is approved according to subdivision (d) of Section 309 of the Welfare and Institutions Code. +(3) On and after January 1, 2012, any supervised independent living placement for nonminor dependents, as defined in subdivision (w) of Section 11400 of the Welfare and Institutions Code, who are placed by the juvenile court, supervised by the county welfare department, probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code, and whose placement is approved pursuant to subdivision (k) of Section 11400 of the Welfare and Institutions Code. +(4) A Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400 of the Welfare and Institutions Code, that serves only eligible former foster youth over 18 years of age who have exited from the foster care system on or after their 18th birthday, and that has obtained certification from the applicable county in accordance with subdivision (c) of Section 16522 of the Welfare and Institutions Code. +(m) Any supported living arrangement for individuals with developmental disabilities, as defined in Section 4689 of the Welfare and Institutions Code. +(n) (1) Any family home agency, family home, or family teaching home as defined in Section 4689.1 of the Welfare and Institutions Code, that is vendored by the State Department of Developmental Services and that does any of the following: +(A) As a family home approved by a family home agency, provides 24-hour care for one or two adults with developmental disabilities in the residence of the family home provider or providers and the family home provider or providers’ family, and the provider is not licensed by the State Department of Social Services or the State Department of Public Health or certified by a licensee of the State Department of Social Services or the State Department of Public Health. +(B) As a family teaching home approved by a family home agency, provides 24-hour care for a maximum of three adults with developmental disabilities in independent residences, whether contiguous or attached, and the provider is not licensed by the State Department of Social Services or the State Department of Public Health or certified by a licensee of the State Department of Social Services or the State Department of Public Health. +(C) As a family home agency, engages in recruiting, approving, and providing support to family homes. +(2) No part of this subdivision shall be construed as establishing by implication either a family home agency or family home licensing category. +(o) Any facility in which only Indian children who are eligible under the federal Indian Child Welfare Act (Chapter 21 (commencing with Section 1901) of Title 25 of the United States Code) are placed and that is one of the following: +(1) An extended family member of the Indian child, as defined in Section 1903 of Title 25 of the United States Code. +(2) A foster home that is licensed, approved, or specified by the Indian child’s tribe pursuant to Section 1915 of Title 25 of the United States Code. +(p) (1) (A) Any housing occupied by elderly or disabled persons, or both, that is initially approved and operated under a regulatory agreement pursuant to Section 202 of Public Law 86-372 (12 U.S.C. Sec. 1701q), or Section 811 of Public Law 101-625 (42 U.S.C. Sec. 8013), or whose mortgage is insured pursuant to Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or that receives mortgage assistance pursuant to Section 221d (3) of Public Law 87-70 (12 U.S.C. Sec. 1715l), where supportive services are made available to residents at their option, as long as the project owner or operator does not contract for or provide the supportive services. +(B) Any housing that qualifies for a low-income housing credit pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or that is subject to the requirements for rental dwellings for low-income families pursuant to Section 8 of Public Law 93-383 (42 U.S.C. Sec. 1437f), and that is occupied by elderly or disabled persons, or both, where supportive services are made available to residents at their option, as long as the project owner or operator does not contract for or provide the supportive services. +(2) The project owner or operator to which paragraph (1) applies may coordinate, or help residents gain access to, the supportive services, either directly, or through a service coordinator. +(q) A resource family, as defined in Section 16519.5 of the Welfare and Institutions Code +(r) Any similar facility determined by the director. +SEC. 2. +Section 1534.3 is added to the Health and Safety Code, to read: +1534.3. +(a) A recovery house that is owned or operated by a community care facility licensed pursuant to this chapter and that functions as an integral component of that community care facility shall be deemed a facility that provides treatment or services under the license of the community care facility and shall be subject to the inspection and enforcement provisions set forth in this chapter. +(b) For purposes of this section: +(1) “Community care facility” is any facility licensed pursuant to this chapter that provides recovery or treatment services for alcohol or drug abuse recovery. +(2) “Integral component” means the nature of the services provided by the community care facility to a recovery house, or the proximity of the recovery house to the community care facility, makes the recovery house an integral component of that community care facility in providing recovery or treatment services, such as outpatient treatment, support meetings, or drug testing. +(3) “Owned or operated” means (A) a recovery house is owned or operated by, or affiliated with, the same person, firm, partnership, association, corporation, or local government entity that owns or operates the community care facility, or (B) the community care facility contracts with a recovery house to provide services to residents of the recovery house. +(4) “Recovery house” means an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons that is otherwise not required to be licensed pursuant to this chapter. +(c) Subdivision (a) shall not apply when the overall combined number of persons served by a community care facility in a recovery house or recovery houses is equal to six persons or less. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities, as defined, by the State Department of Social Services. A violation of the act is a misdemeanor. Existing law exempts recovery houses providing group living arrangements for persons recovering from alcoholism or drug addiction from the act. +This bill would require a recovery house that is owned or operated, as defined, by a community care facility licensed pursuant to the act and that functions as an integral component of that community care facility to be deemed a facility that provides treatment or services under the license of the community care facility. The bill would subject a facility under that license to the inspection and enforcement provisions of the act. +Because this bill would extend the application of a crime under these provisions, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1505 of, and to add Section 1534.3 to, the Health and Safety Code, relating to recovery houses." +639,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature to ensure that there is a process that management and supervisors in a state health care facility are required to follow to avoid on-the-spot mandatory overtime of any nurse or certified nursing assistant (CNA) whose regularly scheduled work shift is complete, and to prevent circumstances where an employee is stopped at the gate of, for example, a Department of Corrections and Rehabilitation and California Correctional Health Care Services facility, and is instructed to return to work at the end of the employee’s regularly scheduled work shift. It is the intent of the Legislature to prohibit a state facility that employs nurses or CNAs from using mandatory overtime as a scheduling tool, or as an excuse for fulfilling an operational need that results from a management failure to properly staff those state facilities. +SEC. 2. +Section 19851.2 is added to the Government Code, to read: +19851.2. +(a) As used in this section: +(1) “Nurse” means all classifications of registered nurses represented by State Bargaining Unit 17, or the Licensed Vocational Nurse classifications represented by State Bargaining Unit 20. +(2) “CNA” means all Certified Nursing Assistant classifications represented by State Bargaining Unit 20. +(3) “Facility” means any facility that provides clinically related health services that is operated by the Division of Correctional Health Care Services of the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation, the State Department of State Hospitals, the Department of Veteran Affairs, or the State Department of Developmental Services in which a nurse or CNA works as an employee of the state. +(4) “Emergency situation” means any of the following: +(A) An unforeseeable declared national, state, or municipal emergency. +(B) A highly unusual or extraordinary event that is unpredictable or unavoidable and that substantially affects providing needed health care services or increases the need for health care services, which includes any of the following: +(i) An act of terrorism. +(ii) A natural disaster. +(iii) A widespread disease outbreak. +(iv) A warden-, superintendent-, or executive director-declared emergency, or severe emergency that necessitates the assistance of an outside agency. +(b) A facility shall not require a nurse or CNA to work in excess of a regularly scheduled workweek or work shift. A nurse or CNA may volunteer or agree to work hours in addition to his or her regularly scheduled workweek or work shift but the refusal by a nurse or CNA to accept those additional hours shall not constitute either of the following: +(1) Grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the nurse or CNA. +(2) Patient abandonment or neglect, except under circumstances provided for in the Nursing Practice Act (Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code). +(c) This section shall not apply in any of the following situations: +(1) To a nurse or CNA participating in a surgical procedure in which the nurse is actively engaged and whose continued presence through the completion of the procedure is needed to ensure the health and safety of the patient. +(2) If a catastrophic event occurs in a facility and both of the following factors apply: +(A) The catastrophic event results in such a large number of patients in need of immediate medical treatment that the facility is incapable of providing sufficient nurses or CNAs to attend to the patients without resorting to mandatory overtime. +(B) The catastrophic event is an unanticipated and nonrecurring event. +(3) If an emergency situation occurs. +(d) Nothing in this section shall be construed to affect the Nursing Practice Act (Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code), the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code), or a registered nurse’s duty under the standards of competent performance. +(e) Nothing in this section shall be construed to preclude a facility from hiring part-time or intermittent employees. +(f) Nothing in this section shall prevent a facility from providing employees with more protections against mandatory overtime than the minimum protections established pursuant to this section. +(g) This section shall become operative on January 1, 2019. +SEC. 3. +Section 19851.3 is added to the Government Code, to read: +19851.3. +(a) Each facility, as defined in paragraph (3) of subdivision (a) of Section 19851.2, shall establish a joint labor management task force to make recommendations and develop a plan to reduce or eliminate mandatory overtime. A joint labor management task force shall be composed of eight members, which shall consist of four representatives for the facility and four labor union representatives. The joint labor management task force shall meet quarterly to develop recommendations. +(b) The recommendations shall include the following: +(1) Patient and staff needs by tracking trends in patient acuity, overtime use, and overall staffing procedures. +(2) Training, for applicable employees, on core staffing principles, best practices, the appropriate use of overtime, and ways to avoid mandatory overtime. +(3) Assessment and staffing best practices, a contingency staffing system, avenues for staff engagement in the scheduling process, and creative scheduling solutions. +(c) (1) On or before November 1, 2018, the task force shall prepare and submit to the Legislature a report on its recommendations, including the following information: +(A) The number of voluntary and mandatory overtime hours at each facility for registered nurses, licensed vocational nurses, and certified nursing assistants. Each facility shall submit the total number of voluntary and mandatory overtime hours worked. +(B) The number of complaints investigated and complaints that resulted in a civil action or criminal prosecution. +(C) Recommendations for modifying, eliminating, or continuing the task force’s activities. +(D) Recommendations for statutory or regulatory changes, or both, needed to better allow for enforcement. +(2) The report required by this subdivision shall be submitted to the Legislature pursuant to Section 9795 of the Government Code. +(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed.","The State Civil Service Act generally requires the workweek of state employees to be 40 hours, and the workday of state employees to be 8 hours. Under the act, it is the policy of the state to avoid the necessity for overtime work whenever possible. +This bill, commencing January 1, 2019, would prohibit a nurse or Certified Nursing Assistant (CNA), as defined, employed by the State of California in a specified type of facility from being compelled to work in excess of the regularly scheduled workweek or work shift, except under certain circumstances. The bill would authorize a nurse or CNA to volunteer or agree to work hours in addition to his or her regularly scheduled workweek or work shift, but the refusal to accept those additional hours would not constitute patient abandonment or neglect or be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the nurse or CNA. +This bill would require such a facility to establish a 8-member joint labor management task force, with membership as prescribed, to meet quarterly to develop specific recommendations and a plan to reduce or eliminate mandatory overtime. The bill would require a task force, on or before November 1, 2018, to prepare and submit to the Legislature a report on its recommendations. Those task force and report provisions would be repealed on January 1, 2019. +The bill would make a related statement of legislative intent.","An act to add Section 19851.2 to, and to add and repeal Section 19851.3 of, the Government Code, relating to state employees." +640,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2105 of the Corporations Code is amended to read: +2105. +(a) A foreign corporation shall not transact intrastate business without having first obtained from the Secretary of State a certificate of qualification. To obtain that certificate it shall file, on a form prescribed by the Secretary of State, a statement and designation signed by a corporate officer or, in the case of a foreign association that has no officers, signed by a trustee stating: +(1) Its name and the state or place of its incorporation or organization. +(2) The street address of its principal executive office. +(3) The street address of its principal office within this state, if any. +(4) The mailing address of its principal executive office, if different from the addresses specified pursuant to paragraphs (2) and (3). +(5) The name of an agent upon whom process directed to the corporation may be served within this state. The designation shall comply with the provisions of subdivision (b) of Section 1502. +(6) (A) Its irrevocable consent to service of process directed to it upon the agent designated and to service of process on the Secretary of State if the agent so designated or the agent’s successor is no longer authorized to act or cannot be found at the address given. +(B) Consent under this paragraph extends to service of process directed to the foreign corporation’s agent in California for a search warrant issued pursuant to Section 1524.2 of the Penal Code, or for any other validly issued and properly served search warrant, for records or documents that are in the possession of the foreign corporation and are located inside or outside of this state. This subparagraph shall apply to a foreign corporation that is a party or a nonparty to the matter for which the search warrant is sought. For purposes of this subparagraph, “properly served” means delivered by hand, or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to a person or entity listed in Section 2110, or any other means specified by the foreign corporation, including, but not limited to, email or submission via an Internet web portal that the foreign corporation has designated for the purpose of service of process. +(7) If it is a corporation which will be subject to the Insurance Code as an insurer, it shall so state that fact. +(b) Annexed to that statement and designation shall be a certificate by an authorized public official of the state or place of incorporation of the corporation to the effect that the corporation is an existing corporation in good standing in that state or place or, in the case of an association, an officers’ certificate stating that it is a validly organized and existing business association under the laws of a specified foreign jurisdiction. +(c) Before it may be designated by any foreign corporation as its agent for service of process, any corporate agent must comply with Section 1505. +SEC. 2. +Section 17708.02 of the Corporations Code is amended to read: +17708.02. +(a) A foreign limited liability company may apply for a certificate of registration to transact business in this state by delivering an application to the Secretary of State for filing on a form prescribed by the Secretary of State. The application shall state all of the following: +(1) The name of the foreign limited liability company, and, if the name does not comply with Section 17701.08, an alternate name adopted pursuant to subdivision (a) of Section 17708.05. +(2) The state or other jurisdiction under whose law the foreign limited liability company is organized and the date of its organization in that state or other jurisdiction, and a statement that the foreign limited liability company is authorized to exercise its powers and privileges in that state or other jurisdiction. +(3) The street address of the foreign limited liability company’s principal office and of its principal business office in this state, if any. +(4) (A) The name and street address of the foreign limited liability company’s initial agent for service of process in this state who consents to service of process and meets the qualifications specified in subdivision (c) of Section 17701.13. If a corporate agent is designated, only the name of the agent shall be set forth. +(B) Consent under this paragraph extends to service of process directed to the foreign limited liability company’s agent in California for a search warrant issued pursuant to Section 1524.2 of the Penal Code, or for any other validly issued and properly served search warrant, for records or documents that are in the possession of the foreign limited liability company and are located inside or outside of this state. This subparagraph shall apply to a foreign limited liability company that is a party or a nonparty to the matter for which the search warrant is sought. For purposes of this subparagraph, properly served means delivered by hand, or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, facsimile, or any other means specified by the foreign limited liability company, including email or submission via an Internet web portal the foreign limited liability company has designated for the purpose of service of process. +(5) A statement that the Secretary of State is appointed the agent of the foreign limited liability company for service of process if the agent has resigned and has not been replaced or if the agent cannot be found or served with the exercise of reasonable diligence. +(6) The mailing address of the foreign limited liability company if different than the street address of the principal office, or principal business office in this state. +(b) A foreign limited liability company shall deliver with a completed application under subdivision (a) a certificate of existence, status, or good standing or a record of similar import signed by the Secretary of State or other official having custody of the foreign limited liability company’s publicly filed records in the state or other jurisdiction under whose law the foreign limited liability company is formed. +(c) The Secretary of State shall include with instructional materials, provided in conjunction with registration under subdivision (a), a notice that filing the registration will obligate the foreign limited liability company to pay an annual tax to the Franchise Tax Board pursuant to Section 17941 of the Revenue and Taxation Code. That notice shall be updated annually to specify the dollar amount of the tax. +SEC. 3. +Section 1524.2 of the Penal Code is amended to read: +1524.2. +(a) As used in this section, the following terms have the following meanings: +(1) The terms “electronic communication services” and “remote computing services” shall be construed in accordance with the Electronic Communications Privacy Act in Chapter 121 (commencing with Section 2701) of Part I of Title 18 of the United State Code Annotated. This section shall not apply to corporations that do not provide those services to the general public. +(2) An “adverse result” occurs when notification of the existence of a search warrant results in: +(A) Danger to the life or physical safety of an individual. +(B) A flight from prosecution. +(C) The destruction of or tampering with evidence. +(D) The intimidation of potential witnesses. +(E) Serious jeopardy to an investigation or undue delay of a trial. +(3) “Applicant” refers to the peace officer to whom a search warrant is issued pursuant to subdivision (a) of Section 1528. +(4) “California corporation” refers to any corporation or other entity that is subject to Section 102 of the Corporations Code, excluding foreign corporations. +(5) “Foreign corporation” refers to any corporation that is qualified to do business in this state pursuant to Section 2105 of the Corporations Code. +(6) “Properly served” means that a search warrant has been delivered by hand, or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to a person or entity listed in Section 2110 of the Corporations Code, or any other means specified by the recipient of the search warrant, including email or submission via an Internet web portal that the recipient has designated for the purpose of service of process. +(b) The following provisions shall apply to any search warrant issued pursuant to this chapter allowing a search for records that are in the actual or constructive possession of a foreign corporation that provides electronic communication services or remote computing services to the general public, where those records would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer’s usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications. +(1) When properly served with a search warrant issued by the California court, a foreign corporation subject to this section shall provide to the applicant, all records sought pursuant to that warrant within five business days of receipt, including those records maintained or located outside this state. +(2) Where the applicant makes a showing and the magistrate finds that failure to produce records within less than five business days would cause an adverse result, the warrant may require production of records within less than five business days. A court may reasonably extend the time required for production of the records upon finding that the foreign corporation has shown good cause for that extension and that an extension of time would not cause an adverse result. +(3) A foreign corporation seeking to quash the warrant must seek relief from the court that issued the warrant within the time required for production of records pursuant to this section. The issuing court shall hear and decide that motion no later than five court days after the motion is filed. +(4) The foreign corporation shall verify the authenticity of records that it produces by providing an affidavit that complies with the requirements set forth in Section 1561 of the Evidence Code. Those records shall be admissible in evidence as set forth in Section 1562 of the Evidence Code. +(c) A California corporation that provides electronic communication services or remote computing services to the general public, when served with a warrant issued by another state to produce records that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer’s usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, shall produce those records as if that warrant had been issued by a California court. +(d) No cause of action shall lie against any foreign or California corporation subject to this section, its officers, employees, agents, or other specified persons for providing records, information, facilities, or assistance in accordance with the terms of a warrant issued pursuant to this chapter.","Existing law prohibits a foreign corporation from transacting intrastate business without a certificate of qualification from the Secretary of State, and requires a statement filed for a certificate of qualification to include, among other things, an agent for service of process within the state. Existing law prohibits a foreign limited liability company transacting intrastate business in this state from maintaining an action or proceeding in this state unless it has a certificate of registration filed with the Secretary of State, and requires an application for a certificate of registration to include, among other things, an agent for service of process. +This bill would specify that a foreign corporation and foreign limited liability company may consent to service of process for a search warrant by email or submission to a designated Internet Web portal.","An act to amend Sections 2105 and 17708.02 of the Corporations Code, and to amend Section 1524.2 of the Penal Code, relating to search warrants." +641,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature hereby finds and declares all of the following: +(a) Substance abuse is a medical condition requiring interdisciplinary treatment including, when medically necessary, treatment by a licensed physician and surgeon. +(b) Subsequent to the enactment of state law licensing and regulating residential facilities providing alcohol and other drug detoxification treatment, public knowledge of addiction and treatment has advanced significantly. +(c) Lack of scientific understanding at the time of enactment of those state laws prevents the State Department of Health Care Services from licensing a residential treatment facility that uses a California-licensed physician and surgeon to provide necessary evaluation and treatment at the facility premises. +(d) This prohibition has been found to endanger persons in treatment, can result in treatment below the recognized standard of care, jeopardizes patient health, and delays patient recovery. +(e) To resolve this problem, it is the intent of the Legislature to enact this act in order to modernize and update state law and allow those in treatment to be protected and to receive modern medical treatment for a medical condition. +SEC. 2. +Section 11834.025 is added to the Health and Safety Code, to read: +11834.025. +(a) (1) As a condition of providing incidental medical services, as defined in subdivision (a) of Section 11834.026, at a facility licensed by the department, the facility, within a reasonable period of time, as defined by the department in regulations, shall obtain from each program participant, a signed certification described in subdivision (b) from a health care practitioner. +(2) For purposes of this chapter, “health care practitioner” means a person duly licensed and regulated under Division 2 (commencing with Section 500) of the Business and Professions Code, who is acting within the scope of practice of his or her license or certificate. +(b) The department shall develop a standard certification form for use by a health care practitioner. The form shall include, but not be limited to, a description of the alcoholism and drug abuse recovery or treatment services that an applicant needs. +(c) (1) The department shall adopt regulations, on or before July 1, 2018, to implement this section. The regulations shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). +(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may, if it deems appropriate, implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions from the department only until the department adopts regulations. +SEC. 3. +Section 11834.026 is added to the Health and Safety Code, to read: +11834.026. +(a) As used in this section, “incidental medical services” means services that are in compliance with the community standard of practice and are not required to be performed in a licensed clinic or licensed health facility, as defined by Section 1200 or 1250, respectively, to address medical issues associated with either detoxification from alcohol or drugs or the provision of alcoholism or drug abuse recovery or treatment services, including all of the following categories of services that the department shall further define by regulation: +(1) Obtaining medical histories. +(2) Monitoring health status to determine whether the health status warrants transfer of the patient in order to receive urgent or emergent care. +(3) Testing associated with detoxification from alcohol or drugs. +(4) Providing alcoholism or drug abuse recovery or treatment services. +(5) Overseeing patient self-administered medications. +(6) Treating substance abuse disorders, including detoxification. +(b) Incidental medical services do not include the provision of general primary medical care. +(c) Notwithstanding any other law, a licensed alcoholism or drug abuse recovery or treatment facility may permit incidental medical services to be provided to a resident at the facility premises by, or under the supervision of, one or more physicians and surgeons licensed by the Medical Board of California or the Osteopathic Medical Board who are knowledgeable about addiction medicine, or one or more other health care practitioners acting within the scope of practice of his or her license and under the direction of a physician and surgeon, and who are also knowledgeable about addiction medicine, if all of the following conditions are met: +(1) The facility, in the judgment of the department, has the ability to comply with the requirements of this chapter and all other applicable laws and regulations to meet the needs of a resident receiving incidental medical services pursuant to th licensed facility. A copy of the form provided by the department shall be signed by the physician and surgeon and maintained in the resident’s file at the facility. +(4) The resident has signed an admission agreement. The admission agreement, at a minimum, shall describe the incidental medical services that the facility may permit to be provided and shall state that the permitted incidental medical services will be provided by, or under the supervision of, a physician and surgeon. The department shall specify in regulations, at a minimum, the content and manner of providing the admission agreement, and any other information that the department deems appropriate. The facility shall maintain a copy of the signed admission agreement in the resident’s file. +(5) Once incidental medical services are initiated for a resident, the physician and surgeon and facility shall monitor the resident to ensure that the resident remains appropriate to receive those services. If the physician and surgeon determines that a change in the resident’s medical condition requires other medical services or that a higher level of care is required, the facility shall immediately arrange for the other medical services or higher level of care, as appropriate. +(6) The facility maintains in its files a copy of the relevant professional license or other written evidence of licensure to practice medicine or perform medical services in the state for the physician and surgeon and any other health care practitioner providing incidental medical services at the facility. +(d) The department is not required to evaluate or have any responsibility or liability with respect to evaluating the incidental medical services provided by a physician and surgeon or other health care practitioner at a licensed facility. This section does not limit the department’s ability to report suspected misconduct by a physician and surgeon or other health care practitioner to the appropriate licensing entity or to law enforcement. +(e) A facility licensed and approved by the department to allow provision of incidental medical services shall not by offering approved incidental medical services be deemed a clinic or health facility within the meaning of Section 1200 or 1250, respectively. +(f) Other than incidental medical services permitted to be provided or any urgent or emergent care required in the case of a life threatening emergency, this section does not authorize the provision at the premises of the facility of any medical or health care services or any other services that require a higher level of care than the care that may be provided within a licensed alcoholism or drug abuse recovery or treatment facility. +(g) This section does not require a residential treatment facility licensed by the department to provide incidental medical services or any services not otherwise permitted by law. +(h) (1) On or before July 1, 2018, the department shall adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). +(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may, if it deems appropriate, implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions from the department until regulations are adopted. +SEC. 4. +Section 11834.03 of the Health and Safety Code is amended to read: +11834.03. +(a) A person or entity applying for licensure shall file with the department, on forms provided by the department, all of the following: +(1) A completed written application for licensure. +(2) A fire clearance approved by the State Fire Marshal or local fire enforcement officer. +(3) A licensure fee, established in accordance with Chapter 7.3 (commencing with Section 11833.01). +(b) (1) If an applicant intends to permit services pursuant to Section 11834.026, the applicant shall submit evidence of a valid license of the physician and surgeon who will provide or oversee those services, and any other information the department deems appropriate. +(2) The department shall establish and collect an additional licensure fee for an application that includes a request to provide services pursuant to Section 11834.026. The fee shall be set at an amount sufficient to cover the reasonable costs to the department of the additional assessment and investigation necessary to license facilities to provide these services, including, but not limited to, processing applications, issuing licenses, and investigating reports of noncompliance with licensing regulations. +SEC. 5. +Section 11834.36 of the Health and Safety Code is amended to read: +11834.36. +(a) The director may suspend or revoke any license issued under this chapter, or deny an application for licensure, extension of the licensing period, or modification to a license, upon any of the following grounds and in the manner provided in this chapter: +(1) Violation by the licensee of any provision of this chapter or regulations adopted pursuant to this chapter. +(2) Repeated violation by the licensee of any of the provisions of this chapter or regulations adopted pursuant to this chapter. +(3) Aiding, abetting, or permitting the violation of, or any repeated violation of, any of the provisions described in paragraph (1) or (2). +(4) Conduct in the operation of an alcoholism or drug abuse recovery or treatment facility that is inimical to the health, morals, welfare, or safety of either an individual in, or receiving services from, the facility or to the people of the State of California. +(5) Misrepresentation of any material fact in obtaining the alcoholism or drug abuse recovery or treatment facility license, including, but not limited to, providing false information or documentation to the department. +(6) The licensee’s refusal to allow the department entry into the facility to determine compliance with the requirements of this chapter or regulations adopted pursuant to this chapter. +(7) Violation by the licensee of Section 11834.026 or the regulations adopted pursuant to that section. +(8) Failure to pay any civil penalties assessed by the department. +(b) The director may temporarily suspend any license prior to any hearing when, in the opinion of the director, the action is necessary to protect residents of the alcoholism or drug abuse recovery or treatment facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The director shall notify the licensee of the temporary suspension and the effective date of the temporary suspension and at the same time shall serve the provider with an accusation. Upon receipt of a notice of defense to the accusation by the licensee, the director shall, within 15 days, set the matter for hearing, and the hearing shall be held as soon as possible. The temporary suspension shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after the department receives the proposed decision from the Office of Administrative Hearings.","Existing law requires the State Department of Health Care Services to license adult alcoholism or drug abuse recovery or treatment facilities, as defined. Existing law provides for the licensure and regulation of health care practitioners by various boards and other entities within the Department of Consumer Affairs, and prescribes the scope of practice of those health care practitioners. +This bill would authorize an adult alcoholism or drug abuse recovery or treatment facility that is licensed under those provisions to allow a licensed physician and surgeon or other health care practitioner, as defined, to provide incidental medical services, as defined, to a resident of the facility at the facility premises under specified limited circumstances, including, among others, that the resident signs an admission agreement and a physician and surgeon or other health care practitioner determines that it is medically appropriate for the resident to receive these services. The bill would require the department to establish and collect an additional fee from those facilities, in an amount sufficient to cover the department’s reasonable costs of regulating the provision of those services. The bill would require the department, on or before July 1, 2018, to adopt regulations to implement its provisions. The bill would also make related findings and declarations.","An act to amend Sections 11834.03 and 11834.36 of, and to add Sections 11834.025 and 11834.026 to, the Health and Safety Code, relating to alcohol and drug treatment programs." +642,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1708.8 of the Civil Code is amended to read: +1708.8. +(a) A person is liable for physical invasion of privacy when the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person. +(b) A person is liable for constructive invasion of privacy when the person attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity, through the use of any device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the device was used. +(c) An assault or false imprisonment committed with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff is subject to subdivisions (d), (e), and (h). +(d) A person who commits any act described in subdivision (a), (b), or (c) is liable for up to three times the amount of any general and special damages that are proximately caused by the violation of this section. This person may also be liable for punitive damages, subject to proof according to Section 3294. If the plaintiff proves that the invasion of privacy was committed for a commercial purpose, the person shall also be subject to disgorgement to the plaintiff of any proceeds or other consideration obtained as a result of the violation of this section. A person who comes within the description of this subdivision is also subject to a civil fine of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000). +(e) A person who directs, solicits, actually induces, or actually causes another person, regardless of whether there is an employer-employee relationship, to violate any provision of subdivision (a), (b), or (c) is liable for any general, special, and consequential damages resulting from each said violation. In addition, the person that directs, solicits, actually induces, or actually causes another person, regardless of whether there is an employer-employee relationship, to violate this section shall be liable for punitive damages to the extent that an employer would be subject to punitive damages pursuant to subdivision (b) of Section 3294. A person who comes within the description of this subdivision is also subject to a civil fine of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000). +(f) (1) The transmission, publication, broadcast, sale, offer for sale, or other use of any visual image, sound recording, or other physical impression that was taken or captured in violation of subdivision (a), (b), or (c) shall not constitute a violation of this section unless the person, in the first transaction following the taking or capture of the visual image, sound recording, or other physical impression, publicly transmitted, published, broadcast, sold, or offered for sale the visual image, sound recording, or other physical impression with actual knowledge that it was taken or captured in violation of subdivision (a), (b), or (c), and provided compensation, consideration, or remuneration, monetary or otherwise, for the rights to the unlawfully obtained visual image, sound recording, or other physical impression. +(2) For the purposes of paragraph (1), “actual knowledge” means actual awareness, understanding, and recognition, obtained prior to the time at which the person purchased or acquired the visual image, sound recording, or other physical impression, that the visual image, sound recording, or other physical impression was taken or captured in violation of subdivision (a), (b), or (c). The plaintiff shall establish actual knowledge by clear and convincing evidence. +(3) Any person that publicly transmits, publishes, broadcasts, sells, or offers for sale, in any form, medium, format, or work, a visual image, sound recording, or other physical impression that was previously publicly transmitted, published, broadcast, sold, or offered for sale by another person, is exempt from liability under this section. +(4) If a person’s first public transmission, publication, broadcast, or sale or offer for sale of a visual image, sound recording, or other physical impression that was taken or captured in violation of subdivision (a), (b), or (c) does not constitute a violation of this section, that person’s subsequent public transmission, publication, broadcast, sale, or offer for sale, in any form, medium, format, or work, of the visual image, sound recording, or other physical impression, does not constitute a violation of this section. +(5) This section applies only to a visual image, sound recording, or other physical impression that is captured or taken in California in violation of subdivision (a), (b), or (c) after January 1, 2010, and shall not apply to any visual image, sound recording, or other physical impression taken or captured outside of California. +(6) Nothing in this subdivision shall be construed to impair or limit a special motion to strike pursuant to Section 425.16, 425.17, or 425.18 of the Code of Civil Procedure. +(7) This section shall not be construed to limit all other rights or remedies of the plaintiff in law or equity, including, but not limited to, the publication of private facts. +(g) This section shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel or employees of governmental agencies or other entities, either public or private, who, in the course and scope of their employment, and supported by an articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of any conduct to obtain evidence of suspected illegal activity or other misconduct, the suspected violation of any administrative rule or regulation, a suspected fraudulent conduct, or any activity involving a violation of law or business practices or conduct of public officials adversely affecting the public welfare, health, or safety. +(h) In any action pursuant to this section, the court may grant equitable relief, including, but not limited to, an injunction and restraining order against further violations of subdivision (a), (b), or (c). +(i) The rights and remedies provided in this section are cumulative and in addition to any other rights and remedies provided by law. +(j) It is not a defense to a violation of this section that no image, recording, or physical impression was captured or sold. +(k) For the purposes of this section, “for a commercial purpose” means any act done with the expectation of a sale, financial gain, or other consideration. A visual image, sound recording, or other physical impression shall not be found to have been, or intended to have been, captured for a commercial purpose unless it is intended to be, or was in fact, sold, published, or transmitted. +(l) (1) For the purposes of this section, “private, personal, and familial activity” includes, but is not limited to: +(A) Intimate details of the plaintiff’s personal life under circumstances in which the plaintiff has a reasonable expectation of privacy. +(B) Interaction with the plaintiff’s family or significant others under circumstances in which the plaintiff has a reasonable expectation of privacy. +(C) If and only after the person has been convicted of violating Section 626.8 of the Penal Code, any activity that occurs when minors are present at any location set forth in subdivision (a) of Section 626.8 of the Penal Code. +(D) Any activity that occurs on a residential property under circumstances in which the plaintiff has a reasonable expectation of privacy. +(E) Other aspects of the plaintiff’s private affairs or concerns under circumstances in which the plaintiff has a reasonable expectation of privacy. +(2) “Private, personal, and familial activity” does not include illegal or otherwise criminal activity as delineated in subdivision (g). However, “private, personal, and familial activity” shall include the activities of victims of crime in circumstances under which subdivision (a), (b), or (c) would apply. +(m) (1) A proceeding to recover the civil fines specified in subdivision (d) or (e) may be brought in any court of competent jurisdiction by a county counsel or city attorney. +(2) Fines collected pursuant to this subdivision shall be allocated, as follows: +(A) One-half shall be allocated to the prosecuting agency. +(B) One-half shall be deposited in the Arts and Entertainment Fund, which is hereby created in the State Treasury. +(3) Funds in the Arts and Entertainment Fund created pursuant to paragraph (2) may be expended by the California Arts Council, upon appropriation by the Legislature, to issue grants pursuant to the Dixon-Zenovich-Maddy California Arts Act of 1975 (Chapter 9 (commencing with Section 8750) of Division 1 of Title 2 of the Government Code). +(4) The rights and remedies provided in this subdivision are cumulative and in addition to any other rights and remedies provided by law. +(n) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Under existing law, except as specified, a person is liable for physical invasion of privacy when that person knowingly enters onto the land of another person without permission or otherwise trespasses to capture any type of visual image, sound recording, or other physical impression of a person engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person. Under existing law, a person is liable for constructive invasion of privacy for the same activity, as specified, through the use of any device, regardless of whether there is a physical trespass. Existing law subjects a person who commits physical or constructive invasion of privacy to specified damages and civil fines. +This bill would expand liability for physical invasion of privacy to additionally include a person knowingly entering into the airspace above the land of another person without permission, as provided.","An act to amend Section 1708.8 of the Civil Code, relating to privacy." +643,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 405 of the Food and Agricultural Code is amended to read: +405. +(a) With the prior approval of the Department of Fish and Wildlife and the State Department of Public Health, the department may reproduce or distribute biological control organisms that are not detrimental to the public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases. +(b) The department shall not engage in the production of beneficial organisms when those organisms are available in sufficient amounts for purchase from commercial sources. +SEC. 2. +Section 409 of the Food and Agricultural Code is amended to read: +409. +(a) Notwithstanding any other law, the department by rule or regulation may provide for the issuance and renewal on a two-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to this code by the department or any division, office, or other entity within the department. +(b) The department may, by rule or regulation, set the fee for a two-year license, certificate of registration, or other indicia, not to exceed twice the annual fee for issuance or renewal set by statute. +SEC. 3. +Section 410 of the Food and Agricultural Code is amended to read: +410. +It is the intent of the Legislature that the Department of Food and Agriculture, in cooperation with appropriate county officials and industry representatives, develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and county sealers of weights and measures. +SEC. 4. +Section 5918 of the Food and Agricultural Code is amended to read: +5918. +(a) The committee shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this article, including the costs of implementing and administering the administrative, enforcement, and regulatory recommendations of the statewide work plan developed by the committee. +(b) The secretary shall not seek reimbursement for costs that exceed expenditures developed by the committee without first notifying the committee of the additional expenditures. +SEC. 5. +Section 47004 of the Food and Agricultural Code is amended to read: +47004. +(a) Certified farmers’ markets are California agricultural product point-of-sale locations that are registered under the provisions of Section 47020 and operated in accordance with this chapter and regulations adopted pursuant to this chapter. +(b) The operator of a certified farmers’ market shall establish a clearly defined marketing area where only agricultural products may be sold. Only the producer or the lawful authorized representative of the producer may sell agricultural products within the area defined as a certified farmers’ market. Sales of agricultural products purchased from another individual or entity shall not occur within a certified farmers’ market, and an agricultural product producer or product dealer shall not sell his or her agricultural products to another individual or entity with the understanding or knowledge that the products are intended to be resold in a certified farmers’ market in violation of this chapter or the regulations adopted pursuant to this chapter. Every producer selling within a certified farmers’ market shall comply with Section 47020. +(c) All vendors of agricultural products selling within a certified farmers’ market shall do all of the following: +(1) Post a conspicuous sign or banner at the point of sale that states the name of the farm or ranch, the county where the farm or ranch maintains the production grounds that produced the products being offered for sale is located, and a statement that “We Grew What We Are Selling” or “We Raised What We Are Selling” or “We Grow What We Sell” or similar phrases that clearly represent that the farm or ranch is only selling agricultural products that they themselves have grown or raised on California land that they possess or control. Product sales by different farms at the same vendor stand shall separate the products from each farm or ranch and correspondingly post the required sign or banner in direct relationship with the sales display of the products produced by each farm. +(2) Ensure that all processed agricultural products that they offer for sale state in a clear manner by package label, container label, or bulk sales signage that they consist only, with the exception of incidental flavorings and necessary preservatives, of agricultural products grown or raised by the farm or ranch selling them, the farm or ranch name, and the city where the farm or ranch is located. In addition, every processed product shall identify on a package label, container label, or on bulk sales signage the registration number or other identity reference of the facility where the food was processed, or another required labeling statement or information, in accordance with Sections 110460, 114365, and 114365.2 of the Health and Safety Code, or, in the case of meat or poultry products, the identity of the facility where the meat or poultry products were cut and wrapped, in accordance with the applicable United States Department of Agriculture or State of California inspection standards, or, in the case of dairy products, the identity of the facility where the dairy products were manufactured or processed. +(3) Ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic. +(d) The representations required pursuant to subdivision (c) shall be subject to the provisions and penalties specified in Section 890. +(e) An operator of a certified farmers’ market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator’s certified farmers’ market shall not allow the sale or distribution of fresh whole fruits, nuts, vegetables, cultivated mushrooms, herbs, and flowers by vendors selling within those sales activity or vending event or marketing areas. +(f) The operator of a certified farmers’ market shall keep an accurate participation record of the individual direct marketing producers whose agricultural products were presented for sale in their market each market day. The operators shall submit to the department a quarterly report of the registration numbers and participation frequency of the direct marketing producers whose agricultural products were presented for sale in the operator’s market during that past quarter. The department shall create and maintain online capability for reporting. +(g) Operators of certified farmers’ markets may establish rules and procedures that are more restrictive and stringent than state laws or regulations governing or implementing this chapter, so long as the rules and procedures are not in conflict with state laws or regulations. +(h) Except for certified farmers’ markets operated by government agencies, nonprofit entities and other qualified operators of certified farmers’ markets shall be considered private entities and may take actions, adopt rules, and impose requirements they deem necessary for the proper and honest operation of their market, subject to the application of any state or other laws. Government agency operators of certified farmers’ markets are subject to applicable state laws, the regulations and laws of the governing agency, and other laws governing the conduct and actions they may take as a governmental entity. +SEC. 6. +Section 47020 of the Food and Agricultural Code is amended to read: +47020. +(a) An operator of a certified farmers’ market shall annually register with the department by applying for and obtaining a certificate from the county agricultural commissioner’s office in the county in which the certified farmers’ market is located. The application shall include the times and location of the market, the name and contact information for the operator of the market, and the agent for service of process for the operator. Upon approval of an application, the county agricultural commissioner shall issue to the operator a certified farmers’ market certificate. +(b) A certified farmers’ market certificate issued by a county agricultural commissioner shall be valid for 12 months from the date of issue, and may be renewed annually thereafter. The county agricultural commissioner shall inspect every certified farmers’ market within his or her jurisdiction at least once for every six months of operation. At the time of application or renewal, the county agricultural commissioner shall provide a schedule of fees that reflects an estimate of expenses for inspections and may charge a certification and inspection fee equal to the actual expenses incurred. +(c) (1) (A) Before selling at a certified farmers’ market, a producer shall register with the department by applying for and obtaining a certificate from the county agricultural commissioner’s office in the county in which the producer’s land or facility is located. The application shall include a declaration by the producer that he or she is knowledgeable of and intends to produce in accordance with good agricultural practices, as outlined in the Small Farm Food Safety Guidelines published by the department. Upon approval of an application, the county agricultural commissioner shall issue to the producer a certified producer’s certificate. +(B) A declaration made pursuant to subparagraph (A) shall not be used to infer that the producer is not required to comply with other state or federal laws relative to food safety and good agricultural practices. +(2) As part of obtaining or renewing a certified producer certificate, a producer farming fruit, vegetables, nuts, herbs, and similar crops shall annually submit to the county agricultural commissioner’s office in the county in which the producer’s land or facility is located information requested by the department about the specific crops that he or she will harvest or intends to harvest for sale directly to the public. The secretary may promulgate regulations specifying the information a producer is required to submit. +(3) A certified producer’s certificate issued by a county agricultural commissioner shall be valid for up to 12 months from the date of issue and may be renewed annually thereafter. The county agricultural commissioner in each county shall perform at least one onsite inspection for all new certified producer’s certificate applicants, and may perform additional inspections as needed of the property or properties listed on the certified producer’s certificate issued in his or her county as deemed appropriate by the county agricultural commissioner to verify production of the commodities being sold at a certified farmers’ market or the existence in storage of the producer’s actual harvested production, or both, of any product being sold at a certified farmers’ market. Where practical or purposeful, verification inspections shall be made when the actual harvest or sale of the commodity in question is occurring. The county agricultural commissioner shall provide to the producer a schedule of fees that reflects an estimate of expenses for certification or inspection at the time of application or renewal or before any needed additional verification inspection, and may charge a certification and inspection fee equal to the actual expenses incurred. +(d) Renewal of a certified farmers’ market certificate or certified producer’s certificate may be denied by either the department or a county agricultural commissioner if a certified farmers’ market or a producer is delinquent in the payment of the required state fee or a county certification and inspection fee or administrative civil penalty authorized pursuant to this chapter. The certificate may be eligible for renewal when all outstanding balances and associated penalties or administrative fines have been paid to the department or the respective county or counties. +SEC. 7. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law authorizes the Department of Food and Agriculture, with the prior approval of the Department of Fish and Wildlife and the State Department of Health Care Services, to reproduce or distribute biological control organisms that are not detrimental to the public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases. +This bill would substitute the State Department of Public Health for the State Department of Health Care Services in these provisions. +(2) Existing law authorizes the Department of Food and Agriculture, by rule or regulation, to provide for the issuance and renewal on a 2-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to the Food and Agricultural Code by the department or any agency in the department, and to set the fees for the issuance or renewal of those licenses, certificates of registration, or other indicia. +This bill would instead specify that those licenses, certificates of registration, or other indicia of authority issued pursuant to the Food and Agricultural Code are those issued by the department or any division, office, or other entity within the department. +(3) Existing law specifies that it is the intent of the Legislature that the department, in cooperation with appropriate county officials and industry representatives, develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and weights and measures. +This bill would clarify that provision to specify that it is the intent of the Legislature that the department develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and county sealers of weights and measures. +(4) Under existing law, certified farmers’ markets are California agricultural product point-of-sale locations that are registered and operated in accordance with specified provisions. Existing law requires an operator of a certified farmers’ market to establish a clearly defined marketing area where only agricultural products may be sold. Existing law prohibits an operator of a certified farmers’ market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator’s certified farmers’ market from allowing the sale or distribution of fresh whole fruits, nuts, vegetables, and flowers by vendors selling within those sales activity or vending event or marketing areas. Under existing law, a violation of these provisions is an infraction or misdemeanor, as specified. +This bill would add cultivated mushrooms and herbs to the list of items that an operator of a certified farmers’ market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator’s certified farmers’ market is prohibited from selling within those sales activity or vending event or marketing areas. By changing the definition of a crime, this bill would impose a state-mandated local program. +Existing law requires a certified farmers’ market operator or producer to annually register with the Department of Food and Agriculture by applying for and receiving a certificate from a county agricultural commissioner. Existing law requires a producer farming fruit, vegetables, nuts, herbs, and similar crops, once certified, to annually submit information requested by the department about the specific crops that the producer will harvest or intends to harvest for sale directly to the public. +This bill would require a producer of these crops to submit this information to the county agricultural commissioner’s office in the county in which the producer’s land or facility is located as part of obtaining or renewing a certified producer certificate. By imposing a new duty on county agricultural commissioners, the bill would impose a state-mandated local program. +(5) Existing law creates in the Department of Food and Agriculture the California Citrus Pest and Disease Prevention Committee and provides for its continuation, and that of the California Citrus Pest and Disease Prevention Program, every 4 years subject to a referendum of the citrus producers on or before June 30, 2013, and every 4 years thereafter. Pursuant to this referendum the department has extended the citrus pest and disease prevention program for an additional 4 years. +Existing law requires the committee to reimburse the Secretary of Food and Agriculture for all reasonable expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the citrus pest and disease prevention program, including the costs of implementing and administering the administrative, enforcement, and regulatory recommendations of the statewide work plan developed by the committee. +This bill would require the committee to reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the program. +(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to amend Sections 405, 409, 410, 5918, 47004, and 47020 of the Food and Agricultural Code, relating to agriculture." +644,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 27375 of the Vehicle Code is amended to read: +27375. +(a) Any person who operates a modified limousine shall ensure that the vehicle has at least two rear side doors, as specified in paragraph (2), and one or two rear windows, as specified in paragraph (1), that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency that may require the immediate exit of the passengers of the vehicle. A limousine subject to this subdivision shall be equipped with both of the following: +(1) (A) Except as provided in subparagraph (B), at least two rear push-out windows that are accessible to all passengers. At least one push-out window shall be located on each side of the vehicle, unless the design of the limousine precludes the installation of a push-out window on one side of the vehicle, in which case the second push-out window shall instead be located in the roof of the vehicle. +(B) If the design of the limousine precludes the installation of even one push-out window on a side of the vehicle, one push-out window shall instead be located in the roof of the vehicle. +(C) The Department of the California Highway Patrol shall establish, by regulation, standards to ensure that window exits are operable and sufficient in emergency situations for limousine passengers. The department shall ensure that these regulations comply with any applicable federal motor vehicle safety standards. +(D) For modified limousines modified prior to July 1, 2015, the requirements of this paragraph shall apply on and after January 1, 2017. +(2) (A) At least two rear side doors that are accessible to all passengers and that may be opened manually by any passenger. At least one rear side door shall be located on each side of the vehicle. +(B) For modified limousines modified on or after July 1, 2015, at least one of these side doors shall be located near the driver’s compartment and another near the back of the vehicle. +(C) The rear side doors shall comply with any applicable federal motor vehicle safety standards as deemed necessary by the Department of the California Highway Patrol. +(b) In the case of a fire or other emergency that requires the immediate exit of the passengers from the limousine, the driver of the limousine shall unlock the doors so that the rear side doors can be opened by the passengers from the inside of the vehicle. +(c) An owner or operator of a limousine shall do all of the following: +(1) Instruct all passengers on the safety features of the vehicle prior to the beginning of any trip, including, but not limited to, instructions for lowering the partition between the driver and passenger compartments and for communicating with the driver by the use of an intercom or other onboard or wireless device. +(2) Disclose to the contracting party and the passengers whether the limousine meets the safety requirements described in this section. +(3) If paragraph (1) of subdivision (d) applies, the owner or operator of a limousine shall further disclose to the contracting party and the passengers that the limousine does not meet the safety requirements required in subdivision (a) regarding vehicle escape options because of its exempt status, and therefore may pose a greater risk to passengers should emergency escape be necessary. +(d) (1) Except as provided in paragraph (2), subdivision (a) shall not apply to any limousine manufactured before 1970 that has an active transportation charter-party carrier (TCP) number that was issued by the commission as of August 15, 2013. +(2) Subdivision (a) shall apply to any limousine manufactured before 1970 if it was modified after August 15, 2013. +SEC. 2. +Section 34500.4 of the Vehicle Code is amended to read: +34500.4. +(a) Not later than July 1, 2017, the Department of the California Highway Patrol shall implement a program to conduct safety inspections of modified limousine terminals that are operated by passenger stage corporations pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1 of the Public Utilities Code or by charter-party carriers of passengers pursuant to the Passenger Charter-party Carriers’ Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code). +(b) (1) The inspection program shall include, but is not limited to, the safe operation of the vehicle, the installation of safety equipment, the retention of maintenance logs, accident reports, and records of driver discipline, compliance with federal and state motor vehicle safety standards, the examination of a preventative maintenance program, and, if ownership of the modified limousine has been transferred, the transmission of relevant safety and maintenance information of the limousine. +(2) Pursuant to the safety inspection program, the department shall conduct an inspection of each terminal of a charter-party carrier of passengers and passenger stage corporation that operates modified limousines at least once every 13 months. +(3) The department shall adopt emergency regulations for purposes of this subdivision. The adoption by the department of regulations implementing this section shall be deemed to be an emergency and necessary to avoid serious harm to the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe facts showing the need for immediate action to the Office of Administrative Law. The emergency regulations shall remain in effect for no more than one year, by which time final regulations shall be adopted. +(4) (A) The department shall adopt regulations to establish an inspection fee to be collected every 13 months, based on the number of modified limousines operated by a single charter-party carrier or passenger stage corporation. The fee shall be in an amount sufficient to offset the costs to administer the inspection program and shall not be used to supplant or support any other inspection program conducted by the department. The fee shall be in addition to any other required fee. When developing the regulations, the department shall consider measures that increase efficiencies to limit the financial impact to charter-party carriers of passengers and passenger stage corporations subject to the fee. The department shall promulgate the regulations in consultation with appropriate interested parties. +(B) The fee structure established pursuant to this subdivision shall apply to modified limousines that are required to undergo a safety inspection pursuant to this section. +(C) The fee established pursuant to this subdivision shall be collected by the Public Utilities Commission and deposited into the Motor Vehicle Account in the State Transportation Fund to cover the costs of the inspections conducted by the department. +(5) The department shall transmit to the Public Utilities Commission inspection data of modified limousine terminals inspected pursuant to this program, as specified in the program regulations. +(c) Regulations adopted pursuant to this section shall be consistent with the established inspection program administered by the department for buses pursuant to this division.","(1) Existing law, on and after January 1, 2016, requires any person operating a modified limousine that is modified prior to July 1, 2015, to ensure that the vehicle is equipped with at least 2 rear side doors and one or 2 rear windows that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency, as specified. +Under this bill, the requirement that those modified limousines be equipped with one or 2 rear windows would instead apply on and after January 1, 2017. The bill would make other nonsubstantive changes to these provisions. +(2) Existing law requires, not later than July 1, 2016, the Department of the California Highway Patrol to implement a program to conduct safety inspections of modified limousine terminals that are operated by passenger stage corporations pursuant to the Public Utilities Act or by charter-party carriers of passengers pursuant to the Passenger Charter-party Carriers’ Act. +This bill would extend the operative date of the safety inspection program to July 1, 2017.","An act to amend Sections 27375 and 34500.4 of the Vehicle Code, relating to modified limousines." +645,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25503.6 of the Business and Professions Code is amended to read: +25503.6. +(a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to all of the following conditions: +(1) The on-sale licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or the major tenant of the owner of any of the following: +(A) An outdoor stadium or a fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in Sacramento County or Alameda County. +(B) A fully enclosed arena with a fixed seating capacity in excess of 18,000 seats located in Orange County or Los Angeles County. +(C) An outdoor stadium or fully enclosed arena with a fixed seating capacity in excess of 8,500 seats located in Kern County. +(D) An exposition park of not less than 50 acres that includes an outdoor stadium with a fixed seating capacity in excess of 8,000 seats and a fully enclosed arena with an attendance capacity in excess of 4,500 people, located in San Bernardino County. +(E) An outdoor stadium with a fixed seating capacity in excess of 10,000 seats located in Yolo County. +(F) An outdoor stadium and a fully enclosed arena with fixed seating capacities in excess of 10,000 seats located in Fresno County. +(G) An athletic and entertainment complex of not less than 50 acres that includes within its boundaries an outdoor stadium with a fixed seating capacity of at least 8,000 seats and a second outdoor stadium with a fixed seating capacity of at least 3,500 seats located in Riverside County. +(H) An outdoor stadium with a fixed seating capacity in excess of 1,500 seats located in Tulare County. +(I) A motorsports entertainment complex of not less than 50 acres that includes within its boundaries an outdoor speedway with a fixed seating capacity of at least 50,000 seats, located in San Bernardino County. +(J) An exposition park, owned or operated by a bona fide nonprofit organization, of not less than 400 acres with facilities including a grandstand with a seating capacity of at least 8,000 people, at least one exhibition hall greater than 100,000 square feet, and at least four exhibition halls, each greater than 30,000 square feet, located in the City of Pomona or the City of La Verne in Los Angeles County. +(K) An outdoor soccer stadium with a fixed seating capacity of at least 25,000 seats, an outdoor tennis stadium with a fixed capacity of at least 7,000 seats, an outdoor track and field facility with a fixed seating capacity of at least 7,000 seats, and an indoor velodrome with a fixed seating capacity of at least 2,000 seats, all located within a sports and athletic complex built before January 1, 2005, in the City of Carson in Los Angeles County. +(L) An outdoor professional sports facility with a fixed seating capacity of at least 4,200 seats located in San Joaquin County. +(M) A fully enclosed arena with a fixed seating capacity in excess of 13,000 seats in the City of Inglewood. +(N) (i) An outdoor stadium with a fixed seating capacity of at least 68,000 seats located in the City of Santa Clara. +(ii) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, a major tenant of an outdoor stadium described in clause (i), provided the major tenant does not hold a retail license, and the advertising may include the placement of advertising in an on-sale licensed premises operated at the outdoor stadium. +(O) A complex of not more than 50 acres located on the campus of, and owned by, Sonoma State University dedicated to presenting live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances with venues that include a concert hall with a seating capacity of approximately 1,500 seats, a second concert hall with a seating capacity of up to 300 seats, an outdoor area with a seating capacity of up to 5,000 seats, and a further outdoor area with a seating capacity of up to 10,000 seats. With respect to this complex, advertising space and time may also be purchased from or on behalf of the owner of the complex, a long-term tenant or licensee of the venue, whether or not the owner, long-term tenant, or licensee holds an on-sale license. +(P) A fairgrounds with a horse racetrack and equestrian and sports facilities located in San Diego County. +(Q) An outdoor stadium with a fixed seating capacity of at least 43,000 seats located in the City of San +Diego. +Diego, as follows: +(i) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, or a distilled spirits manufacturer may purchase advertising space and time from the owner or a major tenant of the stadium described in this subparagraph, provided the owner or major tenant does not hold a retail license. +(ii) The terms of the agreement shall not include an inducement for the owner or major tenant of the stadium to require its on-sale licensee to purchase the brands of the advertiser or to exclude brands for sale at the facility other than those of the advertiser. +(iii) No revenue from the advertising agreement shall be shared or provided, directly or indirectly, with the on-sale licensee providing alcoholic beverage and food services at the stadium. +(R) An outdoor stadium with a fixed seating capacity of at least 70,000 seats located in the City of +Inglewood. +Inglewood, as follows: +(i) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, or a distilled spirits manufacturer may purchase advertising space and time from the owner or a major tenant of the stadium described in this subparagraph, provided the owner or major tenant does not hold a retail license. +(ii) The terms of the agreement shall not include an inducement for the owner or major tenant of the stadium to require its on-sale licensee to purchase the brands of the advertiser or to exclude brands for sale at the facility other than those of the advertiser. +(iii) No revenue from the advertising agreement shall be shared or provided, directly or indirectly, with the on-sale licensee providing alcoholic beverage and food services at the stadium. +(2) The outdoor stadium or fully enclosed arena described in paragraph (1) is not owned by a community college district. +(3) The advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned by the on-sale licensee. With respect to an exposition park as described in subparagraph (J) of paragraph (1) that includes at least one hotel, the advertising space or time shall not be displayed on or in any hotel located in the exposition park, or purchased in connection with the operation of any hotel located in the exposition park. With respect to the complex described in subparagraph (O) of paragraph (1), the advertising space or time shall be purchased only in connection with live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances to be held on the premises of the complex. +(4) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced by the winegrower, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent that purchased the advertising space or time. +(b) Any purchase of advertising space or time pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent and any of the following: +(1) The on-sale licensee. +(2) With respect to clause (ii) of subparagraph (N) of paragraph (1) of subdivision (a), the major tenant of the outdoor stadium. +(3) With respect to subparagraph (O) of paragraph (1) of subdivision (a), the owner, a long-term tenant of the complex, or licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license. +(c) Any beer manufacturer or holder of a winegrower’s license, any distilled spirits rectifier, any distilled spirits manufacturer, or any distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill all or part of those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space, time, or costs involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. +(d) Any on-sale retail licensee, as described in subdivision (a), who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, a holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space or time pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. +(e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. +(f) The Legislature finds that it is necessary and proper to require a separation among manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition and intends that this section be construed accordingly. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 3. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique conditions located in the Cities of San Diego and Inglewood. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to ensure the fair and efficient application of the alcoholic beverage control licensing laws with respect to eligible facilities in the Cities of San Diego and Inglewood, it is necessary that this act take immediate effect.","Existing law generally prohibits various licenseholders from providing money or any other thing of value to a person owning or operating an on-sale premises where alcoholic beverages are served, subject to specified exceptions. Existing law authorizes the holder of a winegrower’s license, a beer manufacturer, a distilled spirits rectifier, a distilled spirits manufacturer, and a distilled spirits manufacturer’s +agent, +agent +to purchase advertising space and time from, or on behalf of, an on-sale retail licensee, under certain conditions, if the on-sale retail licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or major tenant of specified facilities. Existing law makes it a misdemeanor to coerce or solicit licensees in connection with these provisions, as specified. +This bill would expand the facilities to which the exception described above would apply to include outdoor stadiums with specified seating capacities located in the Cities of San Diego and +Inglewood. +Inglewood, as provided. +By expanding the scope of a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +This bill would make legislative findings and declarations as to the necessity of a special statute for the Cities of San Diego and Inglewood. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 25503.6 of the Business and Professions Code, relating to alcoholic beverages, and declaring the urgency thereof, to take effect immediately." +646,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 42 is added to the Revenue and Taxation Code, to read: +42. +(a) Where a tax, fee, assessment, surcharge, or other amount levied or collected by the tax agency has been determined to have been illegally levied or collected in a final and nonappealable decision of a court of competent jurisdiction, any person who paid that tax, fee, assessment, surcharge, or other amount may file with the tax agency a claim for refund of the amount so paid in accordance with this section and the tax agency shall refund the amount so paid. +(b) Notwithstanding subdivision (a), a person who has paid to the tax agency a tax, fee, assessment, surcharge, or other amount described in subdivision (a) that filed a claim for refund prior to the effective date of the act adding this section that the tax agency has not refunded before that date shall be refunded by the tax agency to the person in accordance with the provisions of this section. The act adding this section shall not be construed to require refiling of those previously filed claims for refund. +(c) Notwithstanding any other law relating to the limitations period for filing a claim for refund, this section shall apply to any claims for refund of any amounts described in subdivision (a) paid to the tax agency. +(d) A claim for refund for any amounts described in subdivision (a) shall be filed within one year after the date upon which the court decision described in subdivision (a) becomes final and nonappealable. +(e) Interest shall be paid on the refunds provided by this section in accordance with applicable provisions of this code related to the tax, fee, assessment, surcharge, or other amount subject to refund. +(f) For the purposes of bringing an action against the tax agency for recovery of the whole or any part of the amount claimed as an overpayment of an amount described in subdivision (a), the period for filing such action provided in this code and applicable to the tax, fee, assessment, surcharge, or other amount, shall not commence until the one-year claim period provided in subdivision (d) has expired pursuant to the terms of this section. Suits for refund shall be brought in accordance with the applicable provisions in this code. +(g) When information in the tax agencies’ records is sufficient to identify the person that paid an amount described in subdivision (a), and the person’s current address, the date of payment, and the amount paid, the tax agency shall refund that amount. The person shall not be required to file a claim for refund. +(h) Except as provided in Chapter 4 (commencing with Section 7275) of Part 1.6, this section shall apply to the tax, fee, assessment, surcharge, or other amount paid to the tax agency and collected or levied pursuant to applicable provisions of this code. +(i) Upon appropriation by the Legislature, the amounts necessary to make refunds pursuant to this section shall be allocated to the applicable tax agency. +(j) For purposes of this section, “tax agency” includes the board and the Franchise Tax Board. +SEC. 2. +Section 5148 of the Revenue and Taxation Code is amended to read: +5148. +Notwithstanding Section 5140, an action to recover taxes levied on state-assessed property arising out of a dispute as to an assessment made pursuant to Section 721, including a dispute as to valuation, assessment ratio, or allocation of value for assessment purposes, shall be brought under this section. In any action brought under this section, the following requirements shall apply: +(a) The action shall be brought by the state assessee. There shall be a single complaint with all parties joined therein with respect to disputes for any year. +(b) The action shall name the board and the county or counties. When a county is named which collected taxes on behalf of a city or cities, the county shall give notice of that action to the city or cities within 30 days of receipt of advice from the board of the action. A fee shall be payable by the state assessee in an amount prescribed by the court to cover the reasonable costs incurred by a county or counties in giving that notice. Any city receiving notice of the action filed against the board and the county may, within 30 days of the receipt of that notice, intervene in that action. Whether or not a city intervenes in the action, any judgment rendered for an assessee shall be entered exclusively against the county; however, the county shall be entitled to recover separately from the city or cities and other tax entities those taxes collected by the county on behalf of the city or cities and other tax entities which are subject to refund to the assessee as the result of the judgment. Payment to the taxpayer upon the judgment and any interest thereon may be deferred by the county until the apportionment of property tax revenue next following the date of the judgment, or as the county and the taxpayer may otherwise agree. Interest shall accrue during any deferral period unless the county and taxpayer otherwise agree. The county may if it chooses to do so offset the amount of the judgment and interest recoverable by it from the city or cities and other tax entities against amounts held in the county treasury therefor or against amounts due and payable thereto, including, but not limited to, property tax apportionments. The amount of the fee required by this section shall not be recoverable by the assessee in the action and no judgment entered in the action in favor of the assessee shall provide for the recovery of the fee. +As used in this section, “county” includes a city and county. +(c) Service of the summons and complaint shall be only upon the board. The board shall serve as agent of the defendant county or counties for the purpose of service of process. A fee shall be payable by the state assessee in an amount prescribed by the court to cover all reasonable costs incurred by the board while acting in its capacity as agent for the defendant counties. +(d) Venue of the action shall be in any county in which the Attorney General of California has an office or in which the state assessee has a significant presence. +(e) The action shall be limited in the case of valuation and allocation disputes to the grounds specified in the following: +(1) A petition for reassessment filed under Section 741, or any proceeding thereon. +(2) A petition for correction of allocated assessment filed under Section 747, or any proceeding thereon. +(f) A timely filed petition for reassessment or petition for correction of allocated assessment shall constitute a claim for refund if the petitioner states in the petition it is intended to so serve. +(g) +The +Except as otherwise provided in subdivision (j), the +action shall be commenced only after payment of the taxes in issue and within four years after the latest of the dates that the State Board of Equalization mailed its decision or its written findings and conclusions on the following: +(1) A petition for reassessment filed under Section 741 and intended to constitute a claim for refund. +(2) A petition for correction of allocated assessment filed under Section 747 and intended to constitute a claim for refund. +(h) The action shall not be joined with any action filed under Section 5140. +(i) Any refund of tax overpayments and any interest thereon, determined in any action brought under this section to be due shall be made by the defendant county or counties. +(j) Where the tax assessed or allocated has been determined to have been illegally assessed or allocated in a final and nonappealable decision of a court of competent jurisdiction, the action shall commence no later than one year from the date the court rendered that decision. +SEC. 3. +The Legislature finds and declares that the refunds allowed to persons by this act with respect to taxes, fees, assessments, surcharges, or other amounts levied or collected by the Franchise Tax Board or the State Board of Equalization, as applicable, that have been determined to be illegally levied or collected in a final and nonappealable decision of a court of competent jurisdiction, serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.","(1) The Franchise Tax Board administers the Personal Income Tax Law and the Corporation Tax Law and the State Board of Equalization administers the Sales and Use Tax Law and various other tax and fee laws. Counties, cities, and districts, as specified, are authorized to impose local sales or transactions and use taxes in conformity with the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local laws. Those laws generally require a claim for refund to be filed within specified timeframes based on the date of overpayment or specified board action if any amount has been overpaid, as specified. Under those laws, the rule of res judicata, which provides that a matter that has been adjudicated by a court of competent jurisdiction may not be pursued further by the same parties is applicable only if the liability involved is for the same reporting period as was involved in the case previously determined. +This bill would, notwithstanding existing law regarding the rule of res judicata, where a tax, fee, assessment, surcharge, or other amount levied or collected by the tax agency, which this bill would define to include the board and the Franchise Tax Board, has been determined to have been illegally levied or collected in a final and nonappealable decision of a court of competent jurisdiction, authorize any person who paid that tax, fee, assessment, surcharge, or other amount to file with the tax agency a claim for refund, within one year after the date of the final and nonappealable decision and would require the tax agency to refund the amount so paid. This bill would also require the tax agency to refund these amounts without the person filing a claim for refund when information in the tax agencies’ records is sufficient to identify the person. This bill would, upon appropriation by the Legislature, allocate the amounts necessary to make these refunds to the applicable tax agency. +(2) Existing law requires an action to recover property taxes levied on state-assessed property arising out of a dispute as to an assessment to be commenced only after payment of the taxes in issue and within 4 years after the latest of the dates that the State Board of Equalization mailed its decision or its written findings and conclusions, as provided. +This bill would instead require, where the tax assessed or allocated has been determined to have been illegally assessed or allocated in a final and nonappealable decision of a court of competent jurisdiction, the action to commence no later than one year from the date the court rendered that decision. +(3) This bill would make a legislative finding and declaration regarding the public purpose served by the bill.","An act to amend Section 5148 of, and to add Section 42 to, the Revenue and Taxation Code, relating to taxation." +647,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 20588 of the Government Code is amended to read: +20588. +(a) Notwithstanding any other provision of this article, the board may, pursuant to this section and Section 31657, enter into an agreement with the board of retirement of a county maintaining a county retirement system, for termination of participation of a public agency whose contract has been in effect for at least five years in this system or the state with respect to certain safety members who have ceased to be employed by the public agency or the state and have been employed by a county, fire authority, or district as a result of a transfer of firefighting or law enforcement functions from the public agency or the state to the county, fire authority, or district and inclusion of the former public agency employees in that county retirement system. +(b) The agreement shall contain provisions the board finds necessary to protect the interests of this system, including provisions for determination of the amount, time, and manner of transfer of cash or securities, or both, to be transferred to the county system representing the actuarial value of the interests in the retirement fund of the public agency or the state and the transferred employees by reason of accumulated contributions credited to that public agency or the state and the employees transferred. The agreement may also contain any other provisions that the board deems necessary to address issues related to the transfer, including, but not limited to, benefits subject to an outstanding domestic relations order and benefits subject to a lien. The agreement shall apply only to employees who are employed by the county or district on the effective date of the agreement. +(c) All liability of this system with respect to the members transferred under that agreement shall cease and shall become the liability of the county retirement system as of the date of transfer specified in the agreement. Liability of the county retirement system shall be for payment of benefits to transferred employees in accordance with Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3. +(d) Any member transferred who becomes a member of a county retirement system upon that transfer date shall be subject to provisions of this part and of Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 extending rights to a member or subjecting him or her to limitations because of membership in another retirement system to the same extent that he or she would have been had he or she been a member of the county retirement system during his or her membership in this system. +(e) This section shall apply only in the Counties of Kern, Los Angeles, Orange, and San Bernardino. +SEC. 2. +Section 31657 of the Government Code is amended to read: +31657. +Subject to Section 20588, whenever, as a result of the assumption by a county, fire authority, or district of firefighting or law enforcement functions performed by a public agency or the state subject to the Public Employees’ Retirement Law, any person ceases to be employed by a public agency or the state and is employed by a county, fire authority, or district in which this chapter has become operative, that person shall become a member of the retirement system of a county immediately upon entering county service. That member of the county retirement system shall be entitled to service credit in the county retirement system for the service for which he or she was entitled to credit in the Public Employees’ Retirement System at the time of cessation of employment by the public agency or the state, without necessity of payment of any additional contributions in respect to that service, when and if all of the following occur: +(a) The board of retirement receives certification from the Board of Administration of the Public Employees’ Retirement System of the service with which the person was entitled to be credited by the Public Employees’ Retirement System at the time of cessation of his or her public agency or state employment. +(b) There is paid into the county retirement fund of the county, an amount equal to the normal contributions of the person to the Public Employees’ Retirement System, together with all interest credited thereto, which amount shall be credited to the individual account of the member in the county retirement system, and shall thereafter for all purposes be deemed to be the member’s contribution to the county retirement system with respect to the service so certified. +(c) There is paid to the retirement system of the county an amount equal to all contributions of the public agency or the state made to the Public Employees’ Retirement System on account of service rendered by the person together with interest credited to the public agency or the state thereto. +(d) The board of retirement elects to apply this section as a prudent means of mitigating against potential adverse financial impact upon the county retirement system from the cost of disability retirements that may be applied for in the future by persons injured while being employed by the county, fire authority, or district after ceasing to be employed by a public agency or the state as a result of the assumption by a county, fire authority, or district of firefighting or law enforcement functions. +This section shall apply in a county of the first, the second, the seventh, or the fourteenth class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961, and Sections 28023, 28028, and 28035, as amended by Chapter 1204 of the Statutes of 1971.","Existing law authorizes public agencies to contract with the Board of Administration of the Public Employees’ Retirement System to have their employees become members of the Public Employees’ Retirement System (PERS). Existing law, with respect to the Counties of Kern, Los Angeles, and Orange, permits the board to enter into an agreement with the contracting agency’s board of retirement for termination of the contracting agency’s participation in PERS and inclusion of the agency’s employees in the retirement system of the city or county, if specified requirements are met, with respect to certain safety members, including firefighters. The County Employees Retirement Law of 1937 establishes a corresponding authority for accepting these people as members for retirement systems created pursuant to its provisions, and granting them service credit for their service credited by PERS. +This bill would expand the application of the provisions described above to the County of San Bernardino.","An act to amend Sections 20588 and 31657 of the Government Code, relating to public employees’ retirement." +648,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 99580 of the Public Utilities Code is amended to read: +99580. +(a) Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b). The ordinance shall include the provisions of this chapter and shall not apply to minors. +(b) (1) Evasion of the payment of a fare of the system. +(2) Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare. +(3) Playing sound equipment on or in a system facility or vehicle. +(4) Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system. +(5) Expectorating upon a system facility or vehicle. +(6) Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior. +(7) Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle. +(8) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition. +(9) (A) Willfully blocking the free movement of another person in a system facility or vehicle. +(B) This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes. +(10) Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility. +(11) (A) Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting. +(B) In the event that an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed. +(12) Sale or peddling of any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives. +(c) (1) The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581. +(2) For the purpose of this chapter, “processing agency” means either of the following: +(A) The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation. +(B) The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1). +(3) For the purpose of this chapter, “fare evasion or passenger conduct violation penalty” includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance. +(4) For the purpose of this chapter, “public transportation agency” shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of the California Constitution. +(5) All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered. +(d) (1) If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth all of the following: +(A) The violation, including reference to the ordinance setting forth the administrative penalty. +(B) The date and approximate time of the violation, and the location where the violation occurred. +(C) A printed statement indicating the date payment is required to be made. +(D) The procedure for contesting the notice. +(E) A printed statement that the person may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code if the administrative penalty is not paid when due or dismissed pursuant to the procedure for contesting the notice. +(2) The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence. +(3) When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency. +(4) If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agency’s data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served. +(5) If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581. +(e) In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code. +(f) (1) A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code, if the person pays the administrative penalty when due or successfully completes the civil administrative process pursuant to this chapter. +(2) A person who fails to pay the administrative penalty when due or successfully complete the civil administrative process pursuant to this chapter may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code. +(3) If a person is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, the processing agency shall dismiss the original notice of fare evasion +or passenger conduct violation +and make no further attempts to collect the administrative penalty. +(4) A person who is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, shall be personally served by the processing agency with a new notice of fare evasion +or passenger conduct violation +that sets forth the violation under Section 640 of the Penal Code. +(g) If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation: +(1) A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process. +(2) The amount of the administrative penalties. +(3) The number and types of citations administered pursuant to the ordinance. +(4) To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance. +(5) A discussion of the effect of the ordinance on passenger behavior. +(6) A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes a public transportation agency to adopt and enforce an ordinance to impose and enforce civil administrative penalties for fare evasion or other passenger misconduct, other than by minors, on or in a transit facility or vehicle in lieu of the criminal penalties otherwise applicable, with specified administrative procedures for the imposition and enforcement of the administrative penalties, including an initial review and opportunity for a subsequent administrative hearing. +This bill would provide that a person who fails to pay the administrative penalty when due or successfully complete the administrative process to dismiss the notice of fare evasion or passenger +misconduct +conduct violation +may be subject to those criminal penalties. The bill would require the notice of fare evasion or passenger +misconduct +conduct violation +to contain a printed statement that the person may be charged with an infraction or misdemeanor if the administrative penalty is not paid when due or dismissed pursuant to these provisions. +The bill would also require the processing agency to dismiss the original notice of fare evasion +or passenger conduct violation +and make no further attempts to collect the administrative penalty if the person is charged with an infraction or misdemeanor after failing to pay the administrative penalty or successfully complete the civil administrative process. The bill would require the processing agency to personally serve the person charged with an infraction or misdemeanor with a new notice of fare evasion +or passenger conduct violation +that sets forth the criminal violation. +Because the bill would expand the scope of an existing crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 99580 of the Public Utilities Code, relating to transportation." +649,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 3.6 (commencing with Section 11366) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: +CHAPTER 3.6. Regulatory Reform +Article 1. Findings and Declarations +11366. +The Legislature finds and declares all of the following: +(a) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500)) requires agencies and the Office of Administrative Law to review regulations to ensure their consistency with law and to consider impacts on the state’s economy and businesses, including small businesses. +(b) However, the act does not require agencies to individually review their regulations to identify overlapping, inconsistent, duplicative, or out-of-date regulations that may exist. +(c) At a time when the state’s economy is slowly recovering, unemployment and underemployment continue to affect all Californians, especially older workers and younger workers who received college degrees in the last seven years but are still awaiting their first great job, and with state government improving but in need of continued fiscal discipline, it is important that state agencies systematically undertake to identify, publicly review, and eliminate overlapping, inconsistent, duplicative, or out-of-date regulations, both to ensure they more efficiently implement and enforce laws and to reduce unnecessary and outdated rules and regulations. +Article 2. Definitions +11366.1. +For the purposes of this chapter, the following definitions shall apply: +(a) “State agency” means a state agency, as defined in Section 11000, except those state agencies or activities described in Section 11340.9. +(b) “Regulation” has the same meaning as provided in Section 11342.600. +Article 3. State Agency Duties +11366.2. +On or before January 1, 2019, each state agency shall do all of the following: +(a) Review all provisions of the California Code of Regulations adopted by that state agency. +(b) Identify any regulations that are duplicative, overlapping, inconsistent, or out of date. +(c) Adopt, amend, or repeal regulations to reconcile or eliminate any duplication, overlap, inconsistencies, or out-of-date provisions, and shall comply with the process specified in Article 5 (commencing with Section 11346) of Chapter 3.5, unless the addition, revision, or deletion is without regulatory effect and may be done pursuant to Section 100 of Title 1 of the California Code of Regulations. +(d) Hold at least one noticed public hearing, which shall be noticed on the Internet Web site of the state agency, for the purposes of accepting public comment on proposed revisions to its regulations. +(e) Notify the appropriate policy and fiscal committees of each house of the Legislature of the revisions to regulations that the state agency proposes to make at least 30 days prior to initiating the process under Article 5 (commencing with Section 11346) of Chapter 3.5 or Section 100 of Title 1 of the California Code of Regulations. +(f) (1) Report to the Governor and the Legislature on the state agency’s compliance with this chapter, including the number and content of regulations the state agency identifies as duplicative, overlapping, inconsistent, or out of date, and the state agency’s actions to address those regulations. +(2) The report shall be submitted in compliance with Section 9795 of the Government Code. +11366.3. +(a) On or before January 1, 2019, each agency listed in Section 12800 shall notify a department, board, or other unit within that agency of any existing regulations adopted by that department, board, or other unit that the agency has determined may be duplicative, overlapping, or inconsistent with a regulation adopted by another department, board, or other unit within that agency. +(b) A department, board, or other unit within an agency shall notify that agency of revisions to regulations that it proposes to make at least 90 days prior to a noticed public hearing pursuant to subdivision (d) of Section 11366.2 and at least 90 days prior to adoption, amendment, or repeal of the regulations pursuant to subdivision (c) of Section 11366.2. The agency shall review the proposed regulations and make recommendations to the department, board, or other unit within 30 days of receiving the notification regarding any duplicative, overlapping, or inconsistent regulation of another department, board, or other unit within the agency. +11366.4. +An agency listed in Section 12800 shall notify a state agency of any existing regulations adopted by that agency that may duplicate, overlap, or be inconsistent with the state agency’s regulations. +11366.45. +This chapter shall not be construed to weaken or undermine in any manner any human health, public or worker rights, public welfare, environmental, or other protection established under statute. This chapter shall not be construed to affect the authority or requirement for an agency to adopt regulations as provided by statute. Rather, it is the intent of the Legislature to ensure that state agencies focus more efficiently and directly on their duties as prescribed by law so as to use scarce public dollars more efficiently to implement the law, while achieving equal or improved economic and public benefits. +Article 4. Chapter Repeal +11366.5. +This chapter shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 2. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order for state agencies to timely complete a full review of regulations by the 2019 deadline, it is necessary that this act take effect immediately. +SECTION 1. +The Legislature finds and declares the following: +(a)In 2013, the United States Department of Housing and Urban Development (HUD) reported that California has nearly 40,000 chronically homeless persons, which is 36 percent of the total chronically homeless population of the United States. This is due in large part to an insufficient amount of affordable housing in California. +(b)HUD also reported that there are over 15,000 homeless veterans in California. +(c)Several studies, including one by the Journal of the American Medical Association, have demonstrated that it is far more cost effective and efficient to provide the homeless with permanent, supportive housing through “rapid rehousing” and “housing first” initiatives. These measures also reduce the cost to governments of funding shelters and emergency services. +SEC. 2. +Chapter 1 (commencing with Section 15290) is added to Part 6.6 of Division 3 of Title 2 of the +Government Code +, to read: +1. +Rapid Rehousing Enhancement Program +15290. +For the purposes of this chapter, the following definitions shall apply: +(a)“Department” means the Department of Housing and Community Development. +(b)“Homeless” has the same meaning as defined in Section 576.2 of Title 24 of the Code of Federal Regulations. +(c)“Enhancement program” means the program established pursuant to this chapter for distributing funds to counties and private nonprofit organizations. +(d)“Private nonprofit organization” has the same meaning as defined in Section 11371 of Title 42 of the United States Code. +15290.5. +(a)Upon appropriation of funds in the annual Budget Act, the department shall establish an enhancement program for awarding grants to counties and private nonprofit organizations that operate a rapid rehousing program. The department shall administer the enhancement program. +(b)The department shall develop guidelines to select four counties or private nonprofit organizations to participate in the enhancement program. Eligible counties and private nonprofit organizations shall include counties and private nonprofit organizations eligible to receive funds from the state pursuant to the federal Emergency Solutions Grants Program (42 U.S.C. Sec. 11371 et seq.) with a demonstrated high funding need. The department shall select counties and private nonprofit organizations by giving priority to those counties or private nonprofit organizations with existing rapid rehousing programs that have demonstrated effectiveness in providing rapid rehousing for individuals and veterans of the United States military experiencing homelessness. +(c)Counties and private nonprofit organizations selected to receive funds pursuant to this section shall comply with the reporting requirements as required by the department under state and federal regulations implementing the Emergency Solutions Grants Program (42 U.S.C. Sec. 11371 et seq.). +(d)The department shall distribute an equal amount of the money received pursuant to this section each year, less any amount deducted for administrative purposes, to each of the selected counties and private nonprofit organizations. +(e)The department may use up to 5 percent of the money received pursuant to this section for the purpose of administering this chapter. +15291. +This chapter shall remain in effect only until July 1, 2018, and as of that date is repealed.","Existing law authorizes various state entities to adopt, amend, or repeal regulations for various specified purposes. The Administrative Procedure Act requires the Office of Administrative Law and a state agency proposing to adopt, amend, or repeal a regulation to review the proposed changes for, among other things, consistency with existing state regulations. +This bill, until January 1, 2020, would require each state agency to, on or before January 1, 2019, review that agency’s regulations, identify any regulations that are duplicative, overlapping, inconsistent, or out of date, revise those identified regulations, as provided, and report to the Legislature and Governor, as specified. +This bill would declare that it is to take effect immediately as an urgency statute. +Existing federal law, the American Recovery and Reinvestment Act of 2009, allocated, until September 30, 2011, $1.5 billion to the federal Department of Housing and Urban Development for the Homelessness Prevention Fund, to be used for homelessness prevention and rapid rehousing. Existing federal law, known as the Emergency Solutions Grants Program, provides grants to states, local governments, and private nonprofit organizations, as specified, for specified housing assistance activities. Existing law, the California Work Opportunity and Responsibility to Kids Act, provides housing supports to individuals if the administering county determines that the individual or his or her family is experiencing homelessness or housing instability that would be a barrier to self-sufficiency or child well-being and declares that it is the intent of the Legislature that housing supports utilize evidence-based models, including those established in the federal Department of Housing and Urban Development’s Homeless Prevention and Rapid Re-Housing Program. +This bill would require the Department of Housing and Community Development to establish, upon appropriation of funds in the annual Budget Act, an enhancement program for awarding grants to counties and private nonprofit organizations that operate a rapid rehousing program. The bill would require the department to develop guidelines to select 4 counties and private nonprofit organizations to receive these grant funds and require that eligible counties and private nonprofit organizations include those that are eligible to receive funds from the state pursuant to the Emergency Solutions Grants Program with a demonstrated high funding need. The bill would require the department to give priority to counties with existing programs that have demonstrated effectiveness in providing rapid rehousing for homeless individuals and veterans. This bill would require the department to distribute this money equally to each of the selected counties and private nonprofit organizations, less an amount of up to 5% deducted for administrative purposes. The bill would repeal these provisions as of July 1, 2018.","An act to add and repeal Chapter 1 (commencing with Section 15290) of Part 6.6 of Division 3 of Title 2 of the Government Code, relating to housing. +An act to add and repeal Chapter 3.6 (commencing with Section 11366) of Part 1 of Division 3 of Title 2 of the Government Code, relating to state agency regulations, and declaring the urgency thereof, to take effect immediately +." +650,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 9880.1 of the Business and Professions Code is amended to read: +9880.1. +The following definitions apply for the purposes of this chapter: +(a) “Automotive repair dealer” means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles. +(b) “Chief” means the Chief of the Bureau of Automotive Repair. +(c) “Bureau” means the Bureau of Automotive Repair. +(d) “Motor vehicle” means a passenger vehicle required to be registered with the Department of Motor Vehicles and all motorcycles whether or not required to be registered by the Department of Motor Vehicles. +(e) “Repair of motor vehicles” means all maintenance of and repairs to motor vehicles performed by an automotive repair dealer including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreement and also excluding repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, except propulsive batteries, windshield wiper blades and other minor accessories, cleaning, adjusting, and replacing spark plugs, replacing fan belts, oil, and air filters, and other minor services, which the director, by regulation, determines are customarily performed by gasoline service stations. +No service shall be designated as minor, for purposes of this section, if the director finds that performance of the service requires mechanical expertise, has given rise to a high incidence of fraud or deceptive practices, or involves a part of the vehicle essential to its safe operation. +(f) “Person” includes firm, partnership, association, limited liability company, or corporation. +(g) An “automotive technician” is an employee of an automotive repair dealer or is that dealer, if the employer or dealer repairs motor vehicles and who for salary or wage performs maintenance, diagnostics, repair, removal, or installation of any integral component parts of an engine, driveline, chassis, or body of any vehicle, but excluding repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, except propulsive batteries, windshield wiper blades, and other minor accessories; cleaning, replacing fan belts, oil and air filters; and other minor services which the director, by regulation, determines are customarily performed by a gasoline service station. +(h) “Director” means the Director of Consumer Affairs. +(i) “Commercial business agreement” means an agreement, whether in writing or oral, entered into between a business or commercial enterprise and an automobile repair dealer, prior to the repair which is requested being made, which agreement contemplates a continuing business arrangement under which the automobile repair dealer is to repair any vehicle covered by the agreement, but does not mean any warranty or extended service agreement normally given by an automobile repair facility to its customers. +(j) “Customer” means the person presenting a motor vehicle for repair and authorizing the repairs to that motor vehicle. “Customer” shall not mean the automotive repair dealer providing the repair services or an insurer involved in a claim that includes the motor vehicle being repaired or an employee or agent or a person acting on behalf of the dealer or insurer. +(k) Prior to January 1, 2018, the director shall adopt comprehensive regulations defining “minor services” as used in this section. +(l) This section shall remain in effect only until January 1, 2018. +SEC. 2. +Section 9880.1 is added to the Business and Professions Code, to read: +9880.1. +The following definitions apply for the purposes of this chapter: +(a) “Automotive repair dealer” means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles. +(b) “Chief” means the Chief of the Bureau of Automotive Repair. +(c) “Bureau” means the Bureau of Automotive Repair. +(d) “Motor vehicle” means a passenger vehicle required to be registered with the Department of Motor Vehicles and all motorcycles whether or not required to be registered by the Department of Motor Vehicles. +(e) (1) “Repair of motor vehicles” means all maintenance of and repairs to motor vehicles performed by an automotive repair dealer including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreement, minor services as determined through regulations adopted by the director, and roadside services. +(2) No service shall be designated as minor, for purposes of this section, if the director finds that performance of the service requires mechanical expertise, has given rise to a high incidence of fraud or deceptive practices, or involves a part of the vehicle essential to its safe operation. Minor services shall not include the changing of propulsive batteries. +(f) “Person” includes firm, partnership, association, limited liability company, or corporation. +(g) An “automotive technician” is an employee of an automotive repair dealer or is that dealer, who for salary or wage repairs motor vehicles as set forth in subdivision (e). +(h) “Director” means the Director of Consumer Affairs. +(i) “Commercial business agreement” means an agreement, whether in writing or oral, entered into between a business or commercial enterprise and an automobile repair dealer, prior to the repair which is requested being made, which agreement contemplates a continuing business arrangement under which the automobile repair dealer is to repair any vehicle covered by the agreement, but does not mean any warranty or extended service agreement normally given by an automobile repair facility to its customers. +(j) “Roadside services” means the services performed upon a motor vehicle for the purpose of transporting the vehicle or to permit it to be operated under its own power, by or on behalf of a motor club holding a certificate of authority pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code or by an operator of a tow truck, as defined in Section 615 of the Vehicle Code, that is owned or operated by a person or entity who possesses a valid motor carrier permit, as described in Section 34620 of the Vehicle Code, and is enrolled in the Basic Inspection of Terminals program, as described in Section 34501.12 of the Vehicle Code. +(k) “Customer” means the person presenting a motor vehicle for repair and authorizing the repairs to that motor vehicle. “Customer” shall not mean the automotive repair dealer providing the repair services or an insurer involved in a claim that includes the motor vehicle being repaired or an employee or agent or a person acting on behalf of the dealer or insurer. +(l) The regulations adopted by the director, prior to January 1, 2018, defining “minor services” for the purposes of this section shall continue in effect on and after January 1, 2018. The director may, thereafter, amend or repeal those regulations, as he or she deems necessary and consistent with this chapter. +(m) This section shall become operative January 1, 2018. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 4. +This act shall become operative only if Senate Bill 778 of the 2015–16 Regular Session, relating to professions and vocations, is enacted and becomes effective on or before January 1, 2017.","Existing law, the Automotive Repair Act, the violation of which is a crime, establishes the Bureau of Automotive Repair under the supervision and control of the Director of Consumer Affairs. Existing law regulates the business of automotive repair and makes it unlawful for any person to be an automotive repair dealer unless registered with the bureau. Existing law defines an automotive repair dealer and an automotive technician as persons who, among other things, repair motor vehicles. +Existing law defines the “repair of motor vehicles” to mean all maintenance of, and repairs to, motor vehicles, except repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, windshield wiper blades, and other minor services. +Existing law defines “automotive technician” as a dealer, or a person employed by a dealer, who performs maintenance, diagnostics, repair, removal or installation of specified integral automotive components, but excluding minor services, as set forth above. +This bill would require the director to adopt regulations prior to January 1, 2018, defining “minor services” for these purposes. +This bill would, until January 1, 2018, include installation of propulsive batteries in the definition of “repair of motor vehicles.” +This bill, commencing January 1, 2018, would recast the definition of “repair of motor vehicles” to delete the listing of the various types of excluded minor services and to specify that minor services do not include the changing of propulsive batteries, and also would exclude roadside services, as defined. The bill would similarly recast the definition of “automotive technician” to delete these references and to delete provisions describing the specific work to be performed by an automotive technician. The bill, commencing January 1, 2018, would include the services performed by an operator of a tow truck owned or operated by a person or entity enrolled in the Basic Inspection of Terminals program, as specified, in the definition of “roadside services.” +This bill would provide that the regulations adopted by the director, prior to January 1, 2018, defining “minor services” continue in effect on and after January 1, 2018. +Because the failure of a person installing propulsive batteries to register as a repair dealer or technician with the bureau would constitute a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +The bill would make the operation of its provisions contingent upon the enactment of SB 778 of the 2015–16 Regular Session.","An act to amend, repeal, and add Section 9880.1 of the Business and Professions Code, relating to automotive repair." +651,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3513 of the Government Code is amended to read: +3513. +As used in this chapter: +(a) “Employee organization” means any organization that includes employees of the state and that has as one of its primary purposes representing these employees in their relations with the state. +(b) “Recognized employee organization” means an employee organization that has been recognized by the state as the exclusive representative of the employees in an appropriate unit. +(c) (1) “State employee” means any civil service employee of the state, and the teaching staff of schools under the jurisdiction of the State Department of Education or the Superintendent of Public Instruction, except managerial employees, confidential employees, supervisory employees, employees of the Department of Human Resources, professional employees of the Department of Finance engaged in technical or analytical state budget preparation other than the auditing staff, professional employees in the Personnel/Payroll Services Division of the Controller’s office engaged in technical or analytical duties in support of the state’s personnel and payroll systems other than the training staff, employees of the Legislative Counsel Bureau, employees of the Bureau of State Audits, employees of the office of the Inspector General, employees of the board, conciliators employed by the California State Mediation and Conciliation Service, employees of the Office of the State Chief Information Officer except as otherwise provided in Section 11546.5, and intermittent athletic inspectors who are employees of the State Athletic Commission. +(2) “State employee” also has the meaning provided by Section 3522.5. +(d) “Mediation” means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion, and advice. +(e) “Managerial employee” means any employee having significant responsibilities for formulating or administering agency or departmental policies and programs or administering an agency or department. +(f) “Confidential employee” means any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information contributing significantly to the development of management positions. +(g) “Supervisory employee” means any individual, regardless of the job description or title, having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend this action, if, in connection with the foregoing, the exercise of this authority is not of a merely routine or clerical nature, but requires the use of independent judgment. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees. +(h) “Board” means the Public Employment Relations Board. The Educational Employment Relations Board shall be renamed the Public Employment Relations Board as provided in Section 3540. The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter. +(i) “Maintenance of membership” means that all employees who voluntarily are, or who voluntarily become, members of a recognized employee organization shall remain members of that employee organization in good standing for a period as agreed to by the parties pursuant to a memorandum of understanding, commencing with the effective date of the memorandum of understanding. A maintenance of membership provision shall not apply to any employee who within 30 days prior to the expiration of the memorandum of understanding withdraws from the employee organization by sending a signed withdrawal letter to the employee organization and a copy to the Controller’s office. +(j) (1) “State employer,” or “employer,” for the purposes of bargaining or meeting and conferring in good faith, means the Governor or his or her designated representatives. +(2) “State employer,” or “employer,” also has the meaning provided by Section 3522.5. +(k) “Fair share fee” means the fee deducted by the state employer from the salary or wages of a state employee in an appropriate unit who does not become a member of and financially support the recognized employee organization. The fair share fee shall be used to defray the costs incurred by the recognized employee organization in fulfilling its duty to represent the employees in their employment relations with the state, and shall not exceed the standard initiation fee, membership dues, and general assessments of the recognized employee organization. +SEC. 2. +Section 3522.5 is added to the Government Code, to read: +3522.5. +(a) This chapter shall apply to the Judicial Council and its employees subject to the provisions of this section. +(b) For the purpose of applying this chapter to the Judicial Council and its employees: +(1) “State employee” means an employee of the Judicial Council, except a managerial, supervisory, or confidential employee, or an excluded employee designated pursuant to subdivision (e). “State employee” does not include a judicial officer or employee of the Supreme Court, the courts of appeal, or the Habeas Corpus Resource Center. +(2) “State employer” or “employer,” for purposes of bargaining or meeting and conferring in good faith, means the Administrative Director of the Courts, or his or her designated representatives, acting with the authorization of the chairperson of the Judicial Council. +(3) References to actions or decisions by the Governor, or his or her designated representative, shall mean actions or decisions by the Administrative Director of the Courts, or his or her designated representative, acting with the authorization of the Chairperson of the Judicial Council. +(c) Sections 3517.5, 3517.6, 3517.63, and 3517.7 shall not apply to the Judicial Council and its employees. +(d) The board, as it determines appropriate bargaining units, shall not include Judicial Council employees in a bargaining unit that includes employees other than those of Judicial Council. +(e) The Judicial Council has the sole authority and discretion to designate state employee positions as excluded positions, provided that managerial, supervisory, confidential, and excluded positions not included in bargaining units under this provision shall not exceed one third of the total authorized Judicial Council positions as stated in the Department of Finance Salaries and Wages Supplement. Designation of the excluded positions under this section shall not be subject to review by the board.","Existing law, the Dills Act, governs collective bargaining between the state and recognized state public employee organizations. Existing law excludes certain employees from coverage under the Dills Act, including, among others, managerial employees, supervisory employees, and confidential employees, as defined. Existing law creates the Public Employment Relations Board and authorizes it, among other things, to determine appropriate state employee bargaining units, as specified. The California Constitution prescribes the membership of the California Supreme Court and requires the Legislature to create appellate court districts, all of which are vested with the judicial power of the state. The California Constitution prescribes the membership and duties of the Judicial Council and authorizes the council to appoint an Administrative Director of the Courts. Existing law creates the Habeas Corpus Resource Center for the purpose of providing representation to people who are convicted and sentenced to death in this state and who are without counsel. +This bill would apply the Dills Act to employees of the Judicial Council, subject to specified exceptions. The bill would define an employee for these purposes as any employee of the Judicial Council, except managerial employees, confidential employees, supervisory employees, and excluded employees, as specified. The bill would grant the Judicial Council the sole authority to designate state employee positions as excluded positions and would prohibit exempted managerial, supervisory, confidential, and excluded positions from exceeding +1/3 +of the total authorized Judicial Council positions as stated in the Department of Finance Salaries and Wages Supplement. The bill would prohibit review of the designation of excluded positions by the Public Employment Relations Board. The bill would also except from the definition of employee a judicial officer or employee of the Supreme Court, the courts of appeal, or the Habeas Corpus Resource Center. The bill would define the employer, for purposes of bargaining or meeting and conferring, as the Administrative Director of the Courts, or his or her designated representatives, acting with the authorization of the chairperson of the Judicial Council. The bill would provide that references in the Dills Act to actions or decisions by the Governor, or his or her designated representative, shall mean actions or decisions by the Administrative Director of the Courts. The bill would prohibit the Public Employment Relations Board from including Judicial Council employees in a bargaining unit that includes employees other than those of the Judicial Council.","An act to amend Section 3513 of, and to add Section 3522.5 to, the Government Code, relating to the Judicial Council." +652,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 48900 of the Education Code, as amended by Section 1 of Chapter 660 of the Statutes of 2014, is amended to read: +48900. +A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive: +(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person. +(2) Willfully used force or violence upon the person of another, except in self-defense. +(b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal. +(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind. +(d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant. +(e) Committed or attempted to commit robbery or extortion. +(f) Caused or attempted to cause damage to school property or private property. +(g) Stole or attempted to steal school property or private property. +(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of his or her own prescription products. +(i) Committed an obscene act or engaged in habitual profanity or vulgarity. +(j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code. +(k) (1) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. +(2) Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended for any of the acts enumerated in this subdivision, and this subdivision shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. This paragraph shall become inoperative on July 1, 2018, unless a later enacted statute that becomes operative before July 1, 2018, deletes or extends that date. +(l) Knowingly received stolen school property or private property. +(m) Possessed an imitation firearm. As used in this section, “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. +(n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code. +(o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both. +(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. +(q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, “hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, “hazing” does not include athletic events or school-sanctioned events. +(r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings: +(1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following: +(A) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property. +(B) Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health. +(C) Causing a reasonable pupil to experience substantial interference with his or her academic performance. +(D) Causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school. +(2) (A) “Electronic act” means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following: +(i) A message, text, sound, or image. +(ii) A post on a social network Internet Web site, including, but not limited to: +(I) Posting to or creating a burn page. “Burn page” means an Internet Web site created for the purpose of having one or more of the effects listed in paragraph (1). +(II) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated. +(III) Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile. +(B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet. +(3) “Reasonable pupil” means a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs. +(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following: +(1) While on school grounds. +(2) While going to or coming from school. +(3) During the lunch period whether on or off the campus. +(4) During, or while going to or coming from, a school-sponsored activity. +(t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a). +(u) As used in this section, “school property” includes, but is not limited to, electronic files and databases. +(v) For a pupil subject to discipline under this section, a superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupil’s specific misbehavior as specified in Section 48900.5. +(w) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities.","Existing law prohibits the suspension, or recommendation for expulsion, of a pupil from school unless the superintendent of the school district or the principal of the school determines that the pupil has committed any of various specified acts, including, but not limited to, engaging in an act of bullying by means of an electronic act. Existing law further defines “electronic act” as both the creation and transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, as specified. +This bill would instead, for purposes of pupil suspension or recommendation for expulsion from a school, define “electronic act” as either the creation or transmission of that communication, as specified.","An act to amend Section 48900 of the Education Code, relating to pupils." +653,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3104 of the Elections Code is amended to read: +3104. +Applications for the ballots of military or overseas voters shall be received and, except as provided in +Section 3106, +Sections 3106, 3106.2, and 3106.5, +the ballots shall be received and canvassed, at the same time and under the same procedure as vote by mail ballots, insofar as that procedure is not inconsistent with this chapter. +SEC. 2. +Section 3105 of the Elections Code is amended to read: +3105. +(a) +Any +An +application made pursuant to this chapter that is received by the elections official prior to the 60th day before the election shall be kept and processed on or after the 60th day before the election. +(b) (1) The elections official shall send the ballot not earlier than 60 days but not later than 45 days before the election and shall include with the ballot a list of all candidates who have qualified for the ballot and a list of all measures that are to be submitted to the voters and on which the voter is qualified to vote. The voter shall be entitled to write in the name of any specific candidate seeking nomination or election to any office listed on the ballot. +(2) The military or overseas voter may, in the alternative to the ballot provided pursuant to paragraph (1), use a federal write-in absentee ballot to vote in any election in which the military or overseas voter is qualified to vote. +(c) Notwithstanding Section 15341 or any other +provision of +law, any name written upon a ballot for a particular office pursuant to subdivision (b) shall be counted for the office or nomination, providing the candidate whose name has been written on the ballot has, as of the date of the election, qualified to have his or her name placed on the ballot for the office, or has qualified as a write-in candidate for the office. +(d) Except as provided in +Section 3106, +Sections 3106, 3106.2, and 3106.5, +the elections official shall receive and canvass military or overseas voter ballots described in this section under the same procedure as vote by mail ballots, insofar as that procedure is not inconsistent with this section. +(e) In the event that a military or overseas voter executes a ballot pursuant to this section and an application for a vote by mail ballot pursuant to Section 3102, the elections official shall process the application and the ballot in accordance with this chapter. +(f) Notwithstanding any other +provision of +law, a military or overseas voter who qualifies pursuant to this chapter may, by facsimile transmission, register to vote and apply for a ballot pursuant to this section or a vote by mail ballot. Upon request, the elections official shall send the ballot to the qualified military or overseas voter either by mail, facsimile, or electronic transmission, as requested by the voter. +SEC. 3. +Section 3106.2 is added to the Elections Code, to read: +3106.2. +(a) A military or overseas voter, as described in subdivision (b) of Section 300, may return his or her vote by mail ballot by electronic mail in the manner prescribed in subdivision (b). To be counted, the ballot returned by electronic mail must be received by the voter’s elections official no later than the closing of the polls on election day and must be accompanied by a copy of an identification envelope containing all of the information required by Section 3011 and an oath of voter declaration in substantially the form described in subdivision (a) of Section 3106. +(b) To submit a ballot by electronic mail, the ballot and accompanying identification envelope and oath of voter declaration must be scanned to create electronic copies of the documents. The electronic copies of the documents shall be included in the electronic mail sent to the elections official as attachments. The Secretary of State shall adopt uniform regulations for the use of electronic mail in returning ballots. +(c) Notwithstanding the voter’s waiver of the right to a secret ballot, each elections official shall adopt appropriate procedures to protect the secrecy of ballots returned by electronic mail. +(d) Upon receipt of a ballot returned by electronic mail, the elections official shall determine the voter’s eligibility to vote by comparing the signature on the scanned copy of the identification envelope with the signature on the voter’s affidavit of registration. The ballot shall be duplicated and all materials preserved according to procedures set forth in this code. +SEC. 4. +Section 3106.5 is added to the Elections Code, to read: +3106.5. +(a) Notwithstanding any other law, a military or overseas voter, as described in subdivision (b) of Section 300, may cast his or her vote on the Internet by electronically marking his or her ballot and securely transmitting the voted ballot to the appropriate elections official using the Internet. To be counted, the voted ballot must be received by the voter’s elections official no later than the closing of the polls on election day. +(b) The Secretary of State shall adopt uniform regulations for military and overseas voters to cast votes using the Internet. +(c) This section shall become operative only if the Secretary of State certifies that he or she has identified and addressed all issues regarding the security of casting a vote using the Internet. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SECTION 1. +Chapter 1.5 (commencing with Section 3050) is added to Division 3 of the +Elections Code +, to read: +1.5. +Electronic Ballot Transmission +3050. +(a)An elections official may send a voter a ballot by secure electronic transmission if the election is conducted wholly within the county.","Existing law requires that a vote by mail ballot be available to any registered voter and specifies the manner by which the ballot must be returned. Existing law permits a military or overseas voter who is temporarily living outside of the territorial limits of the United States or the District of Columbia, or is called to military service, to return his or her vote by mail ballot by facsimile transmission to the elections official. The ballot must be received by the closing of the election day polls and accompanied by an identification envelope and an oath of voter declaration in a prescribed form. Existing law requires a military or overseas voter who returns a ballot by facsimile transmission to agree in an oath of voter declaration under penalty of perjury to waive his or her right to a secret ballot and that he or she has not applied for a vote by mail ballot from any other jurisdiction for the election. The elections official is required to determine the voter’s eligibility to vote by comparing the voter’s signature from the materials returned by facsimile transmission to the signature on the voter’s affidavit of registration. +This bill would permit a military or overseas voter to return his or her ballot by electronic mail, as prescribed. The bill would require the ballot to be accompanied by a copy of an identification envelope and an oath of voter declaration in substantially the form described with respect to facsimile transmission of ballots. This bill would require the elections official to determine the voter’s eligibility to vote by comparing the signature on the scanned copy of the identification envelope with the signature on the voter’s affidavit of registration. +This bill would permit a military or overseas voter to cast his or her vote on the Internet by electronically marking his or her ballot and securely transmitting the voted ballot to the appropriate elections official. To be counted, the voted ballot must be received by the voter’s elections official no later than the closing of the polls on election day. These provisions would become operative only if the Secretary of State certifies that he or she has identified and addressed all issues regarding the security of casting a vote using the Internet. +Because the bill requires elections officials to provide a higher level of service and expands the scope of the crime of perjury, it would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. +Existing law requires that a vote by mail ballot be available to any registered voter. Under existing law, a voter may: (1) return the vote by mail ballot by mail or in person to the elections official from whom it came; (2) return the vote by mail ballot in person to a member of a precinct board at a polling place within the jurisdiction, or (3), if unable to return the vote by mail ballot, designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household as the vote by mail voter to return the ballot to the elections official from whom it came or to the precinct board at a polling place within the jurisdiction. +This bill would authorize an elections official to send a voter a ballot by secure electronic transmission for an election conducted wholly within the county. This bill would also require a voter who receives a ballot in this manner to print the ballot for return to the elections official.","An act to +amend Sections 3104 and 3105 of, and to +add +Chapter 1.5 (commencing with Section 3050) to Division 3 of +Sections 3106.2 and 3106.5 to, +the Elections Code, relating to elections." +654,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 5.9 (commencing with Section 42360) is added to Part 3 of Division 30 of the Public Resources Code, to read: +CHAPTER 5.9. Plastic Microbeads Nuisance Prevention Law +42360. +The Legislature finds and declares all of the following: +(a) Plastic does not biodegrade into elements or compounds commonly found in nature like other organic materials, but, instead, upon exposure to the elements photodegrades into smaller pieces of plastic causing land and water pollution that is virtually impossible to remediate. +(b) Plastic pollution is the dominant type of anthropogenic debris found throughout the marine environment. +(c) Plastic pollution is an environmental and human health hazard and a public nuisance. +(d) Microplastics that are five millimeters or less in diameter become bioavailable as soon as they enter the marine environment and are ingested by marine organisms. +(e) Microplastics are persistent organic compounds that attract other pollutants commonly present in the environment, many of which are recognized to have serious deleterious impacts on human health or the environment, including DDT, DDE, PCBs, and flame retardants. +(f) PAHs, PCBs, and PBDEs from plastic transfer to fish tissue when ingested and bioaccumulate. +(g) Fish that humans consume have been found to ingest microplastics, which are then ingested by the humans who consume these fish. +(h) Consumer personal care products such as facial scrubs, soaps, and toothpaste increasingly contain thousands of microplastics in the form of plastic microbeads that are flushed down drains or make their way into the environment by other means as part of their intended use. +(i) Plastic microbeads in personal care products are generally not recoverable through ordinary wastewater treatment and can be released into the environment. +(j) Plastic microbeads have been found in surface waters within the United States, as well as in fish, marine mammals, reptiles, mussels, and worms. +(k) There are economically feasible alternatives to plastic microbeads used in personal care products, as evidenced by the current use of biodegradable, natural, abrasive materials in personal care products such as beeswax, shells, nuts, seeds, and sand. +42361. +As used in this chapter, the following terms have the following meanings: +(a) “Person” means an individual, business, or other entity. +(b) (1) “Personal care product” means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced to, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and an article intended for use as a component of that type of article. +(2) “Personal care product” does not include a prescription drug, as defined in Section 110010.2 of the Health and Safety Code. +(c) “Plastic microbead” means an intentionally added solid plastic particle measuring five millimeters or less in every dimension. +42362. +On and after January 1, 2020, a person shall not sell or offer for promotional purposes in this state any personal care products containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, including, but not limited to, toothpaste. +42363. +Section 42362 shall not apply to a person that sells or offers for promotional purposes a personal care product containing plastic microbeads in an amount less than 1 part per million (ppm) by weight. +42364. +(a) A person who violates or threatens to violate Section 42362 may be enjoined in any court of competent jurisdiction. +(b) (1) A person who has violated Section 42362 is liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation in addition to any other penalty established by law. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. +(2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following: +(A) The nature and extent of the violation. +(B) The number of, and severity of, the violations. +(C) The economic effect of the penalty on the violator. +(D) Whether the violator took good faith measures to comply with this chapter and when these measures were taken. +(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole. +(F) Any other factor that justice may require. +(c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, or by a city prosecutor in a city or city and county having a full-time city prosecutor. +(d) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. +42366. +This chapter does not alter or diminish any legal obligation otherwise required in common law or by statute or regulation, and this chapter does not create or enlarge any defense in any action to enforce the legal obligation. Penalties and sanctions imposed pursuant to this chapter shall be in addition to any penalties or sanctions otherwise prescribed by law.","The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from discharging or releasing such a chemical into any source of drinking water, except as specified. Existing law prohibits the sale of expanded polystyrene packaging material by a wholesaler or manufacturer. Existing law prohibits a person from selling a plastic product in this state that is labeled with the term “compostable,” “home compostable,” or “marine degradable” unless, at the time of sale, the plastic product meets the applicable ASTM International standard specification. +This bill would prohibit, on and after January 1, 2020, a person, as defined, from selling or offering for promotional purposes in this state a personal care product containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, as specified. The bill would exempt from those prohibitions the sale or promotional offer of a product containing less than 1 part per million (ppm) by weight of plastic microbeads. +The bill would make a violator liable for a civil penalty not to exceed $2,500 per day for each violation. The bill would authorize the penalty to be assessed and recovered in a civil action brought in any court of competent jurisdiction by the Attorney General or local officials. The bill would require the civil penalties collected in an action brought pursuant to the act to be retained by the office that brought the action.","An act to add Chapter 5.9 (commencing with Section 42360) to Part 3 of Division 30 of the Public Resources Code, relating to waste management." +655,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 48800 of the Education Code is amended to read: +48800. +(a) The governing board of a school district may determine which pupils would benefit from advanced scholastic or vocational work. The intent of this section is to provide educational enrichment opportunities for a limited number of eligible pupils, rather than to reduce current course requirements of elementary and secondary schools, and also to help ensure a smoother transition from high school to college for pupils by providing them with greater exposure to the collegiate atmosphere. The governing board of a school district may authorize those pupils, upon recommendation of the principal of the pupil’s school of attendance, and with parental consent, to attend a community college during any session or term as special part-time or full-time students and to undertake one or more courses of instruction offered at the community college level. +(b) If the governing board of a school district denies a request for a special part-time or full-time enrollment at a community college for any session or term for a pupil who is identified as highly gifted, the governing board of the school district shall issue its written recommendation and the reasons for the denial within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted. +(c) (1) The governing board of a school district may authorize a pupil, upon recommendation of the principal of the pupil’s school of attendance, and with parental consent, to attend a community college during any session or term as a special part-time or full-time student and to undertake one or more STEM courses offered at the community college if that pupil has exhausted all opportunities to enroll in an equivalent course at the high school of attendance, or at an adult education program, continuation school, regional occupational center or program, or any other program offered by that school district. +A principal shall consult with a pupil’s teachers in the appropriate subjects before making a recommendation under this subdivision. +(2) As used in this section, a “STEM course” is a course in science, technology, engineering, or mathematics. +(d) A pupil shall receive credit for each community college course that he or she completes at the level determined appropriate by the governing boards of the school district and community college district. +(e) (1) The principal of a school may recommend a pupil for community college summer session only if that pupil meets both of the following criteria: +(A) Demonstrates adequate preparation in the discipline to be studied. +(B) Exhausts all opportunities to enroll in an equivalent course, if any, at his or her school of attendance. +(2) For any particular grade level, a principal shall not recommend for community college summer session attendance more than 5 percent of the total number of pupils who completed that grade immediately before the time of recommendation. +(3) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2 of Title 2, compliance with this subdivision shall not be waived. +SEC. 2. +Section 48801.5 is added to the Education Code, to read: +48801.5. +(a) (1) (A) The governing board of a community college district may enter into a formal partnership with a school district or school districts located within its immediate service area in order to provide secondary school pupils who have exhausted all opportunities to enroll in an equivalent STEM course at the high school of attendance, adult education program, continuation school, regional occupational center or program, or any other program offered by the school district, with the opportunity to benefit from a STEM course. A secondary school pupil, upon notification of the principal of the pupil’s school of attendance that the pupil has exhausted all opportunities to enroll in an equivalent course at the high school of attendance, adult education program, continuation school, regional occupational center or program, or any other program offered by that school district, and with parental consent if the pupil is under 18 years of age, may attend a community college during any session or term as a special part-time or full-time student. +(B) As used in this section, a “STEM course” is a course in science, technology, engineering, or mathematics. +(2) A participating community college district shall adopt a partnership agreement with each school district partner. The partnership agreement shall be approved by the governing board of the community college district and the governing board of the school district. As a condition +of +of, +and before +adopting +adopting, +a partnership agreement, a community college district and a school +district, at a +district shall do both of the following: +(A) Present the adoption of the partnership agreement as an information item at +regularly scheduled open public +hearing +hearings +of their respective governing +boards, shall +boards. +(B) At regularly scheduled open public hearings of their respective governing boards held subsequent to the hearings referenced in subparagraph (A), +take testimony from the public and approve or disapprove the proposed partnership agreement. +(3) (A) The partnership agreement shall outline the terms of the partnership and may include, but not necessarily be limited to, the scope, nature, and schedule of the STEM courses offered, the academic readiness of pupils that is necessary for them to benefit from the STEM courses offered, and the ability of pupils to benefit from those STEM courses. +The partnership agreement shall certify that its implementation shall not violate any applicable collective bargaining agreement with respect to either the community college district or the school district. +The partnership agreement may establish protocols for information sharing and joint facilities use. +(B) A copy of the partnership agreement shall be filed with the department and with the Office of the Chancellor of the California Community Colleges before the start of a program authorized by this section. +(4) It is the intent of the Legislature, in enacting this section, to provide a smoother transition from high school to college for pupils by providing them with greater exposure to the collegiate atmosphere and to maximize the educational opportunities available to California’s secondary school pupils by encouraging programs and partnerships between school districts and community college districts. +(5) A pupil shall receive credit for community college courses that he or she completes at the level determined to be appropriate by the governing boards of the school district and the community college district pursuant to the partnership agreement as described in paragraph (2). +(b) (1) A community college district shall not receive a state allowance or apportionment for an instructional activity for which a school district has been, or shall be, paid an allowance or apportionment. +(2) The attendance of a pupil at a community college as a special part-time or full-time student pursuant to this section is authorized attendance for which the community college shall be credited or reimbursed pursuant to Section 48802 or 76002, provided that no school district has received reimbursement for the same instructional activity. Credit for courses completed shall be at the level determined to be appropriate by the governing boards of the school district and the community college district pursuant to the partnership agreement as described in paragraph (2) of subdivision (a). +(c) For purposes of this section, a special part-time student may enroll in up to, and including, 11 units per semester, or the equivalent thereof, at the community college he or she attends. +(d) Notwithstanding subdivision (e) of Section 76001, for purposes of this section, the governing board of a community college district may assign an enrollment priority to pupils admitted as special part-time or full-time students under this section. In assigning an enrollment priority, the community college district shall ensure that pupils admitted under this provision do not displace regularly admitted community college students. +(e) Community college districts and school districts that enter into a partnership pursuant to this section shall be exempt from concurrent enrollment provisions pursuant to subdivisions (a) and (b) of, and paragraphs (1) and (2) of subdivision (e) of, Section 48800. +(f) (1) For each partnership entered into pursuant to this section, the affected community college district and school district shall report annually to the Office of the Chancellor of the California Community Colleges all of the following information: +(A) The total number of secondary school pupils enrolled in each program, classified by the school district. +(B) The total number of successful course completions of secondary school pupils enrolled in each program, classified by the school district. +(C) The total number of successful course completions of students in courses equivalent to those courses tracked under subparagraph (B) in the general community college curriculum. +(2) Notwithstanding Section 10231.5 of the Government Code, the annual report required by this subdivision shall be transmitted by the Office of the Chancellor of the California Community Colleges to all of the following: +(A) The Legislature, in accordance with Section 9795 of the Government Code. +(B) The Director of Finance. +(C) The Superintendent. +(D) The governing board of each participating community college district. +(E) The governing board of each participating school district.","(1) Existing law authorizes the governing board of a school district to allow pupils whom the district has determined would benefit from advanced scholastic or vocational work to attend community college as special part-time or full-time students, subject to recommendation by the school principal and parental permission. +This bill would authorize the governing board of a school district to authorize a pupil, upon recommendation of the principal of the pupil’s school of attendance, and with parental consent, to attend a community college during any session or term as a special part-time or full-time student and to undertake one or more STEM courses, as defined to mean courses in science, technology, engineering, or mathematics, offered at the community college if that pupil has exhausted all opportunities to enroll in an equivalent course at the high school of attendance, or at an adult education program, continuation school, regional occupational center or program, or any other program offered by that school district. +The bill also would authorize the governing board of a community college district to enter into a formal partnership with a school district or school districts located within its immediate service area to allow secondary school pupils to attend a community college if those pupils have exhausted all opportunities to enroll in an equivalent STEM course at the high school of attendance, adult education program, continuation school, regional occupational center or program, or any other program offered by that school district. +The bill would require the partnership agreement to outline the terms of the partnership, as specified. The bill would require a community college district and a school district, as a condition of +, +and before adopting +, +a partnership agreement, to +present the adoption of the partnership agreement as an information item at regularly scheduled open meetings of their respective governing boards, and to +take testimony from the public and approve or disapprove the proposed partnership agreement at +a +subsequent +regularly scheduled open public +hearing +hearings +of their respective governing boards. The bill would require, for each partnership entered into under the bill, the affected community college district and school district to file an annual report, containing specified data, with the Office of the Chancellor of the California Community Colleges, which would transmit this annual report to the Legislature, the Director of Finance, the Superintendent of Public Instruction, and the governing boards of the participating school districts and community college districts, as specified. +(2) Existing law requires the governing board of a community college district to assign a low enrollment priority to a pupil attending community college pursuant to a recommendation from his or her principal or school district or a petition from his or her parents, in order to ensure that these pupils, admitted as special part-time or full-time students, do not displace regularly admitted students. +This bill would authorize the governing board of a community college district to assign an enrollment priority to pupils attending community college pursuant to a partnership agreement established under the bill. The bill would require community college districts, in assigning an enrollment priority under this provision, to ensure that these pupils do not displace regularly admitted community college students. +The bill would prohibit a community college district from receiving an allowance or apportionment for an instructional activity for which a school district has been, or will be, paid. +(3) This bill would also make various nonsubstantive changes, and delete obsolete provisions.","An act to amend Section 48800 of, and to add Section 48801.5 to, the Education Code, relating to public schools." +656,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) According to data released by the U.S. Census Bureau, without a high school diploma, Americans are almost twice as likely to live in poverty. +(2) Several independent academic studies indicate a marked increase in school participation and graduation rates among children who were guaranteed transportation to and from school. +(3) Research shows that pupils, especially girls, benefit from improved health and academic outcomes when they participate in after school programs. +(4) There is recent evidence suggesting that increasing access to books can even mitigate the effects of poverty on school achievement and literacy development. +(5) According to a recent report by California Attorney General Kamala Harris, poverty and financial instability is the number one cause of truancy in the state. +(6) Participation in a summer youth job program has been proven to increase the high school graduation rate of children in low-income homes. +(b) Based on the findings and declarations in subdivision (a), it is the intent of the Legislature to enact legislation that would support school participation and high school attainment among low-income youth. +SEC. 2. +Section 8482.6 of the +Education Code +is amended to read: +8482.6. +Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article is not required to charge family fees or conduct individual eligibility determination based on need or income. If a program established pursuant to this article does charge family fees, the program shall not charge a fee to a family with a child who is identified as a homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), or to a family who is part of a CalWORKs assistance unit, as described in subdivision (a) of Section 11265.45 of the Welfare and Institutions Code. +SEC. 3. +Section 8483 of the +Education Code +is amended to read: +8483. +(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan. +(2)It is the intent of the Legislature that elementary school pupils participate in the full day of the program every day during which pupils participate and that pupils in middle school or junior high school attend a minimum of nine hours a week and three days a week to accomplish program goals. +(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. +(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7. +(c)Priority for enrollment of pupils in an after school program shall be as follows: +(1)First priority shall go to pupils who are identified as homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). +(2)Second priority shall go to pupils who are members of a CalWORKs assistance unit, as described in subdivision (a) of Section 11265.45 of the Welfare and Institutions Code. +(3) For programs serving middle and junior high school pupils, third priority shall go to pupils who attend daily. +SEC. 4. +Section 8483.1 of the +Education Code +is amended to read: +8483.1. +(a)(1)Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program. +(2)(A)It is the intent of the Legislature that elementary school pupils participate in the full day of the program every day during which pupils participate and that pupils in middle school or junior high school attend a minimum of six hours a week or three days a week to accomplish program goals, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary. +(B)A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance. +(3)In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. +(b)The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75. +(c)Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants. +(d)Priority for enrollment of pupils in a before school program shall be as follows: +(1)First priority shall go to pupils who are identified as homeless youth, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). +(2)Second priority shall go to pupils who are members of a CalWORKs assistance unit, as described in subdivision (a) of Section 11265.45 of the Welfare and Institutions Code. +(3) For programs serving middle and junior high school pupils, third priority shall go to pupils who attend daily. +SEC. 5. +SEC. 2. +Section 39800.1 is added to the Education Code, to read: +39800.1. +(a) Notwithstanding any other law, a pupil entitled to free or reduced-price meals, as that term is used in Section 42238.01, or who attends a school that participates in the Community Eligibility Option, shall be entitled to free transportation, from the local educational agency, to and from school, if either of the following conditions are met: +(1) The pupil resides more than one-half mile from the school. +(2) The neighborhood through which the pupil must travel to get to school is unsafe because of stray dogs, no sidewalks, known gang activity, or another reason documented by stakeholders pursuant to paragraph (c). +(b) (1) A local educational agency shall designate a liaison that shall be responsible for implementing a plan to ensure that all pupils entitled to free transportation pursuant to subdivision (a) receive the transportation in a timely manner. +(2) The liaison shall be trained to identify and accommodate the special rights of homeless youth, as defined to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), and pupils in a CalWORKs assistance unit, as described in Section 11265.45 of the Welfare and Institutions Code. +(c) (1) The plan required by paragraph (1) of subdivision (b) shall be developed with the consultation of teachers, school administrators, regional local transit authorities, the Air Resources Board, the Department of Transportation, parents, pupils, and other stakeholders. +(2) The plan shall address the ability of pupils in the local educational agency’s jurisdiction to make regular visits to the public library. +(d) If free, dependable, and timely transportation is not available for pupils entitled to transportation services pursuant to this section, the local educational agency shall ensure that free transportation be provided using its existing funds. +SEC. 6. +Article 3.7 (commencing with Section 11340) is added to Chapter 2 of Part 3 of Division 9 of the +Welfare and Institutions Code +, to read: +3.7. +Low-Income Youth Benefits +11340. +(a)The department shall, in coordination with the State Department of Education, identify a method and utilize that method to track the high school completion rates of children in an assistance unit. The department shall report to the Legislature no later than July 1, 2016, if a change in statute is required in order to track high school completion rates of children in an assistance unit. +(b)The department shall make publicly available an aggregate report of the high school completion rates tracked by the department pursuant to subdivision (a). +11341. +To incentivize completion of high school or the equivalent for recipients of aid 19 years of age and under, those recipients shall, upon verification that the recipient has obtained a high school diploma or its equivalent, receive a two-hundred-dollar ($200) supplement to the amount of aid paid pursuant to Section 11450. The supplement shall be paid directly to the recipient and shall be disregarded as income in determining the income of the assistance unit and the income of the CalFresh household if the recipient is receiving CalFresh. Cal-Learn participants who are already eligible for a similar incentive under Article 3.5 (commencing with Section 11331) are not eligible for the supplement established in this subdivision. +11342. +To support educational outcomes and physical fitness of children in an assistance unit, a child in an assistance unit shall receive, in advance, a transportation service supplement to the amount of aid paid pursuant to Section 11450, as determined by the department, to pay for transportation services in order for the child to participate in an After School Education and Safety Program (ASES) established pursuant to Section 8482 of the Education Code. +11343. +To support educational outcomes of children in an assistance unit, the department shall coordinate with county human services agencies and the State Department of Health Care Services to annually inform assistance units of the need to have a child’s vision regularly examined and how to schedule an appointment with an optometrist for children receiving Medi-Cal benefits. +11344. +(a)The department shall, in consultation with county human services agencies, programs created under the federal Workforce Investment and Opportunity Act, State Community Services Block Grant (CSBG) offices, and local CSBG entities, design a youth subsidized employment program for youth 15 to 19 years of age, inclusive, who are eligible for benefits under this chapter and needy youth, as defined in subdivision (b). The program shall provide paid employment, occupational skills training, and other relevant services. The payment for employment and services provided under this section shall be subject to the same financial participation as payment under subdivision (a) of Section 11450. +(b)For the purposes of this section, “needy youth” mean individuals 18 to 24 years of age, inclusive, whose family income, which may include the youth living alone, is less than 200 percent of the federal poverty level. +(c)All employers and caseworkers involved in this program shall be trained in trauma-informed care and restorative justice practices. +(d)Income earned through the program created pursuant to this section shall be disregarded as income in determining eligibility for, or the amount of, aid under this section. +SEC. 7. +Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and until January 1, 2018, the State Department of Social Services may implement Section 6 of this act by all-county letters or similar instructions. Thereafter, the State Department of Social Services shall adopt regulations to implement Section 6 of this act on or before January 1, 2018. +SEC. 8. +No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act. +SEC. 9. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1)The After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act gives priority enrollment in both after school and before school programs to pupils in middle school or junior high school who attend daily. +This bill would instead give first priority enrollment to homeless youth, as defined, 2nd priority enrollment to pupils in CalWORKs assistance units, as described, and 3rd priority enrollment, for programs serving middle and junior high school pupils, to pupils who attend the program daily. +The act provides that an after school and before school program is not required to charge family fees or conduct individual eligibility determination based on need or income. +This bill would prohibit a program that charges family fees from charging a fee to a family with a homeless youth or a family who is part of a CalWORKs assistance unit. +(2)Existing +Existing +law authorizes the governing board of a school district to provide for the transportation of pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist to do so. +This bill would require a pupil entitled to free or reduced-price meals, or who attends a school that participates in the Community Eligibility Option, to be entitled to free transportation to and from school provided by the local educational agency, if certain conditions are met. The bill would require the local educational agency to designate a liaison to implement a plan, in consultation with specified stakeholders, to ensure that all entitled pupils receive free transportation in a timely manner. +By requiring new duties on a local educational agency, the bill would impose a state-mandated local program. +(3)Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients. +This bill would require that a $200 supplement to the amount of cash aid provided under the program be paid to a CalWORKs recipient 19 years of age and under, upon verification that the recipient has obtained a high school diploma or its equivalent. +The bill would also, among other things, require the State Department of Social Services, in coordination with the State Department of Education, to identify a method and to use that method to track the high school completion rates of children in an assistance unit, and to make publicly available an aggregate report of these high school completion rates tracked by the department. +The bill would require the State Department of Social Services to, in consultation with specified entities, design a youth subsidized employment program for youth 15 to 19 years of age, inclusive, who are eligible for benefits under this bill and needy youth, as defined, and would require the program to provide paid employment, occupational skills training, and other relevant services. +The bill would require a child in an assistance unit to receive, in advance, a transportation service supplement to the amount of cash aid provided under the program to pay for transportation services in order for the child to participate in an After School Education and Safety Program (ASES). +By increasing county administrative duties, the bill would impose a state-mandated local program. +The bill would authorize the State Department of Social Services to implement the above provisions by all-county letters or similar instructions until regulations are adopted and would require the department to adopt regulations on or before January 1, 2018. +(4)Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. +This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill. +(5)The +The +California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to +amend Sections 8482.6, 8483, and 8483.1 of, and to +add Section 39800.1 +to, +to +the Education Code, +and to add Article 3.7 (commencing with Section 11340) to Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, +relating to +low-income youth benefits +pupil services +." +657,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25200 of the Business and Professions Code is repealed. +SEC. 2. +Section 25200 is added to the Business and Professions Code, to read: +25200. +(a) A package or sealed container of beer shall not be sold in this state without having a label affixed to such package or container. The label shall meet the requirements of federal malt beverage labeling regulations contained in Parts 7 and 16 of Title 27 of the Code of Federal Regulations, regardless of whether the label is subject to approval by the federal Alcohol and Tobacco Tax and Trade Bureau or any successor agency. +(b) (1) In addition to label requirements pursuant to subdivision (a), if not already included, the following information shall appear on the label: +(A) The brand, and class or type, of beer. +(B) The true and correct name and address of the manufacturer of the beer. For purposes of this provision, if multiple beer manufacturers are involved in the production of the beer pursuant to a joint venture or other collaborative arrangement, each of those manufacturers may be identified on the label. +(C) The true and correct name of the bottler of the beer, if other than the manufacturer. +(D) A statement of alcoholic content if the beer contains more than 5.7 percent alcohol by volume. +(2) For purposes of this subdivision, the true and correct name of a manufacturer, bottler, or packager shall be deemed to include a fictitious business name for which the manufacturer, bottler, or packager has duly filed a fictitious business name statement pursuant to Section 17900. +(c) Prior to the first sale of a brand of beer in this state, the manufacturer of that beer shall register the brand with the department. Upon the filing of the registration with the department, the brand may be sold in this state without further action by the department. The registration shall include the following: +(1) The true name and address of the actual manufacturer of the beer. +(2) Any fictitious business name of the manufacturer under which the beer is manufactured. +(3) The class or type of beer and all brand names under which the beer is to be sold in this state. +(4) If manufactured under contract for another beer manufacturer or other person, the true name of such other beer manufacturer or person. +(5) If manufactured pursuant to a joint venture or other collaborative arrangement, the name and address of all manufacturers involved in the joint venture or other collaborative arrangement. +(d) The manufacturer of the beer shall be responsible for compliance with the requirements of this section. In the case of beer manufactured pursuant to a joint venture or other collaborative arrangement, only the actual manufacturer of the beer need comply. +(e) If beer is sold or offered for sale in this state without first complying with the provisions of this section, or violates any other provision of this division, the department may take such action as it deems reasonable and necessary, including, but not limited to, ordering that the beer no longer be sold or offered for sale until such time as the requirements of this section are complied with. Nothing in this section shall be deemed to prohibit the department from permitting beer that is sold or offered for sale in this state that does not comply with the requirements of this section to continue to be sold or offered for sale for a reasonable period of time to allow the manufacturer to meet the requirements of this section. +SEC. 3. +Section 25201 is added to the Business and Professions Code, to read: +25201. +(a) A manufacturer, importer, or wholesaler of beer shall not use a container or carton as a package or container of a beer other than the beer as is manufactured by the manufacturer whose name or brand of beer appears upon the container or carton, or use as a package or container of a beer a container or carton which bears the name of a manufacturer of beer or the brand of any beer other than those of the manufacturer of the beer contained in the container or carton. +(b) A beer manufacturer that refills any container supplied by a consumer shall affix a label that complies with this section on the container prior to its resale to the consumer. Any information concerning any beer previously packaged in the container, including, but not limited to, information regarding the manufacturer and bottler of the beer, or any associated brands or trademarks, shall be removed or completely obscured in a manner not readily removable by the consumer prior to the resale of the container to the consumer. This subdivision does not authorize a beer manufacturer to refill a container supplied by a consumer with a capacity of five liquid gallons or more. +SEC. 4. +Section 25204 of the Business and Professions Code is repealed. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Alcoholic Beverage Control Act imposes various requirements relating to the labels and containers of alcoholic beverages sold within the state, including a requirement that every manufacturer or bottler of beer whose beer is sold within the state file with the Department of Alcoholic Beverage Control the brand name or names under which the beer is sold or labeled, as provided. The act provides that a violation of its provisions is a misdemeanor if not otherwise specified. +This bill would require a manufacturer, before the first sale of a brand of beer in this state, to register the brand with the department, as specified, and would make the manufacturer responsible for compliance with labeling and registration requirements. The bill, if beer is sold or offered for sale in this state without first complying with these provisions or other provisions of the act, would authorize the department to take action it deems reasonable and necessary including, but not limited to, ordering that the beer not be sold, or allowing it to be sold for a reasonable time, until these requirements are met. +This bill, by expanding the scope of an existing crime, would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 25201 to, to repeal Section 25204 of, and to repeal and add Section 25200 of, the Business and Professions Code, relating to alcoholic beverages." +658,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 16428.25 is added to the Government Code, immediately following Section 16428.2, to read: +16428.25. +(a) The Attorney General or the Public Utilities Commission shall enter into an energy settlement agreement solely on a monetary basis. The energy settlement agreement shall not include any nonmonetary compensation in lieu of monetary compensation. +(b) The section does not apply to a settlement agreement entered into before January 1, 2016. +SEC. 2. +Section 16428.3 of the Government Code is amended to read: +16428.3. +Any energy settlement agreement entered into by the Attorney General, after reimbursing the Attorney General’s litigation and investigation expenses, to the maximum extent possible, shall direct settlement funds to the following purposes in priority order: +(a) To reduce ratepayer costs of those utility ratepayers harmed by the actions of the settling parties. To the extent the ratepayers of the investor-owned utilities were harmed, the settlement funds shall be directed to reduce their costs, to the maximum extent possible, through reduction of rates or the reduction of ratepayer debt obligations incurred as a result of the energy crisis. +(b) For deposit in the fund. +SEC. 3. +Section 16428.5 of the Government Code is amended to read: +16428.5. +Moneys in the fund shall be expended upon appropriation by the Legislature, for the benefit of ratepayers. Moneys in the fund shall be appropriated for the following purposes: +(a) To reduce rates for customers in the affected service areas of electrical utilities and gas utilities. +(b) To reduce the debt service on bonds issued pursuant to Division 27 (commencing with Section 80000) of the Water Code. +SEC. 4. +Section 453.5 of the Public Utilities Code is amended to read: +453.5. +(a) (1) If the commission orders rate refunds to be distributed, the commission shall require public utilities to pay refunds to all current utility customers, and, when practicable, to prior customers, on an equitable pro rata basis without regard as to whether or not the customer is classifiable as a residential or commercial tenant, landlord, homeowner, business, industrial, educational, governmental, nonprofit, agricultural, or any other type of entity. +(2) For the purposes of this section, “equitable pro rata basis” means in proportion to the amount originally paid for the utility service involved, or in proportion to the amount of the utility service actually received. +(3) This section shall not prevent the commission from authorizing refunds to residential and other small customers to be based on current usage. +(b) (1) The commission shall not distribute or expend the proceeds of claims in any litigation or settlement to obtain ratepayer recovery for the effects of the 2000–02 energy crisis. +(2) Proceeds of any claims recovered by the commission arising out of the energy crisis of 2000–02, after reimbursing the commission’s litigation and investigation expenses, to the maximum extent possible, shall be deposited into the Ratepayer Relief Fund established pursuant to Section 16428.15 of the Government Code and expended, upon appropriation, for purposes set forth in Section 16428.5 of the Government Code. +SEC. 5. +Section 1759 of the Public Utilities Code is amended to read: +1759. +(a) No court of this state, except the Supreme Court and the court of appeal, to the extent specified in this article, shall have jurisdiction to review, reverse, correct, or annul an order or decision of the commission or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the commission in the performance of its official duties, as provided by law and the rules of court. +(b) The writ of mandamus shall lie from the Supreme Court and from the court of appeal to the commission in all proper cases as prescribed in Section 1085 of the Code of Civil Procedure. +(c) This section does not apply to the following actions, which may be brought in superior court: +(1) An action brought against the commission to enforce the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). +(2) An action arising from the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) or to review a determination made under subdivision (c) of Section 6253 of the Government Code. +SEC. 6. +(a) With regard to Section 5 of this act, the Legislature finds and declares all of the following: +(1) On June 3, 2014, California’s Fourth District Court of Appeal, in Disenhouse v. Peevey (2014) 226 Cal.App.4th 1096, held that an interested person desiring to enforce the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) against the Public Utilities Commission must do so by filing a petition for writ of mandamus in the Supreme Court or the court of appeal and may not do so by filing an action for injunctive relief in the superior court. +(2) Also in 2014, the Public Utilities Commission argued in the Superior Court of San Francisco that Section 1759 of the Public Utilities Code prevents the superior court from ordering the commission to provide the City of San Bruno, pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), with emails documenting improper communications between commissioners and utility executives. +(3) The Public Utilities Commission continues to maintain the position that the superior court does not have jurisdiction to hear actions arising out of the California Public Records Act, and has cited the Disenhouse case defending this position. +(4) The intent of the Bagley-Keene Open Meeting Act is that actions of state agencies be taken openly and that their deliberation be conducted openly. +(5) The intent of the California Public Records Act is to protect the fundamental right of every person in this state to access information concerning the conduct of the people’s business. +(6) The people’s right to remain informed so that they may retain control over the instruments of government that they have created is not less of a right for some agencies than for other agencies, nor shall the people’s ability to enforce the Bagley-Keene Open Meeting Act and the California Public Records Act be more hampered for some agencies than for other agencies. +(7) The duties, responsibilities, and actions of the Public Utilities Commission affect the well-being of current and future generations, and the public interest and principles of fundamental fairness and due process of law require that the commission conduct its affairs in an open, objective, and impartial manner, free of undue influence and the abuse of power and authority. +(b) It is the intent of the Legislature that the Public Utilities Commission should be subject to the judicial review provisions of the Bagley-Keene Open Meeting Act and the California Public Records Act. +SEC. 7. +Sections 1, 2, 3, and 4 of this act do not apply to any claims brought by an electrical corporation, as defined in Section 218 of the Public Utilities Code, that arise from the energy crisis of 2000–02.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. When the commission orders rate refunds to be distributed, existing law requires the commission to require the public utility to pay refunds to all current utility customers, and, when practicable, to prior customers, on an equitable pro rata basis without regard as to whether or not the customer is classifiable as a residential or commercial tenant, landlord, homeowner, business, industrial, educational, governmental, nonprofit, agricultural, or any other type of entity. +Existing law establishes the Ratepayer Relief Fund in the State Treasury to benefit electricity and natural gas ratepayers and to fund investigation and litigation costs of the state in pursuing allegations of overcharges and unfair business practices against generators, suppliers, or marketers of electricity or natural gas arising from the energy crisis of 2000–02. Existing law requires that any energy settlement agreement, as defined, entered into by the Attorney General, after reimbursing the Attorney General’s litigation and investigation expenses, direct settlement funds to the following purposes in priority order: (1) to reduce ratepayer costs of those utility ratepayers harmed by the actions of the settling parties; and (2) for deposit in the Ratepayer Relief Fund. Existing law authorizes the moneys deposited in the Ratepayer Relief Fund to be appropriated for certain purposes for the benefit of ratepayers. +This bill would require the Attorney General or the Public Utilities Commission to enter into an energy settlement agreement solely on a monetary basis and would prohibit the agreement from including nonmonetary compensation in lieu of monetary compensation. The bill would prohibit the commission from distributing or expending the proceeds of claims in any litigation or settlement to obtain ratepayer recovery for the effects of the 2000–02 energy crisis and would require that the proceeds, after reimbursing the commission’s litigation and investigation expenses, be deposited into the Ratepayer Relief Fund. The bill would require the moneys in the fund to be appropriated for those purposes for the benefit of ratepayers. +The California Constitution provides that the Legislature has plenary power to establish the manner and scope of review of commission action in a court of record. Existing law provides that only the Supreme Court and the court of appeal have jurisdiction to review, reverse, correct, or annul any order or decision of the commission or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the commission in the performance of its official duties. +This bill would authorize an action to enforce the requirements of the Bagley-Keene Open Meeting Act or the California Public Records Act to be brought against the commission in the superior court.","An act to amend Sections 16428.3 and 16428.5 of, and to add Section 16428.25 to, the Government Code, and to amend Sections 453.5 and 1759 of the Public Utilities Code, relating to public utilities." +659,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) California law grants the superior courts jurisdiction to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act, including the juvenile, probate, and family court divisions of the superior court. These courts are empowered to make the findings necessary for a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile under federal law. +(2) Special immigrant juvenile status, under the federal Immigration and Nationality Act, offers interim relief from deportation to undocumented immigrant children under 21 years of age, if a state juvenile court has made specific findings. +(3) The findings necessary for a child to petition for classification as a special immigrant juvenile include, among others, a finding that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law, and a finding that it is not in the child’s best interest to be returned to his or her country of origin. +(4) Despite recent changes to law that eliminate ambiguity regarding the jurisdiction of superior courts to make the findings necessary to petition for special immigrant juvenile status, misalignment between state and federal law continues to exist. +(5) Federal law allows a person under 21 years of age, who otherwise meets the requirements for special immigrant juvenile status, to file for relief as a special immigrant juvenile. In California, however, individuals who are between 18 and 21 years of age have largely been unable to obtain the findings from the superior court necessary to seek special immigrant juvenile status and the relief that it was intended to afford them, solely because probate courts cannot take jurisdiction of individuals 18 years of age or older by establishing a guardianship of the person. This is true despite the fact that many unaccompanied immigrant youth between 18 and 21 years of age face circumstances identical to those faced by their younger counterparts. +(6) Given the recent influx of unaccompanied immigrant children arriving to the United States, many of whom have been released to family members and other adults in California and have experienced parental abuse, neglect, or abandonment, it is necessary to provide an avenue for these unaccompanied children to petition the probate courts to have a guardian of the person appointed beyond reaching 18 years of age. This is particularly necessary in light of the vulnerability of this class of unaccompanied youth, and their need for a custodial relationship with a responsible adult as they adjust to a new cultural context, language, and education system, and recover from the trauma of abuse, neglect, or abandonment. These custodial arrangements promote permanency and the long-term well-being of immigrant children present in the United States who have experienced abuse, neglect, or abandonment. +(7) Guardianships of the person may be necessary and convenient for these individuals between 18 and 21 years of age, although a youth for whom a guardian has been appointed retains the rights that an adult may have under California law. +(b) It is the intent of the Legislature to give the probate court jurisdiction to appoint a guardian for a person between 18 and 21 years of age in connection with a special immigrant juvenile status petition. It is further the intent of the Legislature to provide an avenue for a person between 18 and 21 years of age to have a guardian of the person appointed beyond 18 years of age in conjunction with a request for the findings necessary to enable the person to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile. +SEC. 2. +Section 1490 of the Probate Code is amended to read: +1490. +Except as set forth in Section 1510.1, when used in any statute of this state with reference to an adult or to the person of a married minor, “guardian” means the conservator of that adult or the conservator of the person in case of the married minor. +SEC. 3. +Section 1510.1 is added to the Probate Code, to read: +1510.1. +(a) (1) With the consent of the proposed ward, the court may appoint a guardian of the person for an unmarried individual who is 18 years of age or older, but who has not yet attained 21 years of age in connection with a petition to make the necessary findings regarding special immigrant juvenile status pursuant to subdivision (b) of Section 155 of the Code of Civil Procedure. +(2) A petition for guardianship of the person of a proposed ward who is 18 years of age or older, but who has not yet attained 21 years of age may be filed by a relative or any other person on behalf of the proposed ward, or the proposed ward. +(b) (1) At the request of, or with the consent of, the ward, the court may extend an existing guardianship of the person for a ward past 18 years of age, for purposes of allowing the ward to complete the application process with the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code. +(2) A relative or any other person on behalf of a ward, or the ward, may file a petition to extend the guardianship of the person for a period of time not to extend beyond the ward reaching 21 years of age. +(c) This section does not authorize the guardian to abrogate any of the rights that a person who has attained 18 years of age may have as an adult under state law, including, but not limited to, decisions regarding the ward’s medical treatment, education, or residence, without the ward’s express consent. +(d) For purposes of this division, the terms “child,” “minor,” and “ward” include an unmarried individual who is younger than 21 years of age and who, pursuant to this section, consents to the appointment of a guardian or extension of a guardianship after he or she attains 18 years of age. +(e) The Judicial Council shall, by July 1, 2016, adopt any rules and forms needed to implement this section. +SEC. 4. +Section 1600 of the Probate Code is amended to read: +1600. +(a) A guardianship of the person or estate or both terminates when the ward attains majority unless, pursuant to Section 1510.1, the ward requests the extension of, or consents to the extension of, the guardianship of the person until the ward attains 21 years of age. +(b) A guardianship of the person terminates upon the death of the ward, the adoption of the ward, or upon the emancipation of the ward under Section 7002 of the Family Code. +SEC. 5. +Section 1601 of the Probate Code is amended to read: +1601. +Upon petition of the guardian, a parent, the minor ward, or, in the case of an Indian child custody proceeding, an Indian custodian or the ward’s tribe, the court may make an order terminating the guardianship if the court determines that it is in the ward’s best interest to terminate the guardianship. Upon petition of a ward who is 18 years of age or older, the court shall make an order terminating the guardianship. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.","Existing federal law, the Immigration and Nationality Act, establishes a procedure for classification of certain aliens as special immigrants who have been declared dependent on a juvenile court, and authorizes those aliens to apply for an adjustment of status to that of a lawful permanent resident within the United States. Under federal regulations, an alien is eligible for special immigrant juvenile status if he or she is under 21 years of age. Existing state law provides that the juvenile, probate, and family divisions of the superior court have jurisdiction to make judicial determinations regarding the custody and care of juveniles within the meaning of the federal Immigration and Nationality Act. Existing law also requires the court, upon request, to make the necessary findings regarding special immigrant juvenile status if there is evidence to support those findings, as specified. +Existing law also establishes the jurisdiction of the probate court. Existing law regulates the establishment and termination of guardianships in probate court, and specifies that a guardian has the care, custody, and control of a ward. +Existing law provides that a relative or other person on behalf of a minor, or a minor if he or she is 12 years of age or older, may file a petition for the appointment of a guardian of the person or estate of the minor. Existing law also provides that a guardianship of the person or estate terminates when the ward attains majority or dies, or is adopted or emancipated, as specified. +This bill would authorize a court to appoint a guardian of the person of an unmarried individual who is 18 years of age or older, but who has not yet attained 21 years of age in connection with a petition to make the necessary findings regarding special immigrant juvenile status, as specified, if the proposed ward consents. This bill would also authorize a court to extend a guardianship of the person of a ward beyond 18 years of age, as specified, if the ward so requests or consents. The bill would also provide that a guardianship of the person terminates after the ward attains majority unless the ward consents to, or requests the extension of, the guardianship of the person until he or she is 21 years of age, as specified.","An act to amend Sections 1490, 1600, and 1601 of, and to add Section 1510.1 to, the Probate Code, relating to juveniles." +660,"The people of the State of California do enact as follows: + + +SEe state or outside of the state. +(2) Exporters, brokers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. +(3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information. +(c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following: +(1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7. +(2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016. +(d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues. +(e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues. +(f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article. +(g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). +(2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entity’s geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises. +(3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time. +(4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976. +(5) For purposes of this subdivision, “disposal” and “disposal facility” have the same meanings as prescribed by Sections 40120.1 and 40121, respectively. +(6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015. +(7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department. +(h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department. +(i) All records provided in accordance with this section shall be subject to Section 40062.","The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law requires disposal facility operators to submit information to counties from periodic tracking surveys on the disposal tonnages that are disposed of at the disposal facility by jurisdiction or region of origin. Existing law requires solid waste handlers and transfer station operators to provide information to the disposal facility on the origin of the solid waste they deliver to the disposal facility. Existing law requires recycling and composting facilities to submit periodic information to counties on the types and quantities of materials that are disposed of, sold to end users, or sold to exporters or transporters for sale outside of the state, by county of origin. Existing law requires counties to submit periodic reports to the cities within the county, to any regional agency of which the county is a member, and to the Department of Resources Recycling and Recovery on the amounts of solid waste disposed of by jurisdiction or region of origin, and on the categories and amounts of solid waste diverted to recycling and composting facilities within the county or region. Existing law authorizes the department to adopt regulations in this regard. +This bill would revise these provisions by, among other things, (1) requiring recycling and composting operations and facilities to submit specified information directly to the department, rather than to counties, (2) requiring disposal facility operators to submit tonnage information to the department, and to counties only on request, and (3) deleting the requirement for counties to submit that information to cities, regional agencies, and the department. The bill would delete references to periodic tracking surveys. The bill would require exporters, brokers, and transporters of recyclables or compost to submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred inside or outside of the state, and would authorize the department to provide this information, on an aggregated basis, to jurisdictions, as specified. The bill would make the aggregated information, other than that aggregated by company, public information. The bill would make other related changes to the various reporting requirements. The bill would provide for imposition of civil penalties on any person who refuses or fails to submit information required by the governing regulations, and on any person who knowingly or willfully files a false report, refuses to permit the department to inspect or examine associated records, or alters, cancels, or obliterates entries in the records, as specified. The bill would provide that the civil penalties may be imposed either in a civil action or administratively pursuant to procedures specified in the bill. The bill would specify the types of waste disposal records that are subject to inspection and copying by the department, and also by an employee of a government entity, as defined, with respect to tonnage received at a disposal facility on or after July 1, 2015, that originates within the government entity’s geographic jurisdiction. The bill, with respect to those records, would prohibit a government entity from disclosing the name of a waste hauler using a specific landfill unless necessary as part of an administrative or judicial proceeding, as specified. The bill would also authorize a government entity to petition the superior court for injunctive or declaratory relief to enforce these provisions. The bill would require recovered civil penalties to be deposited in the Integrated Waste Management Account. +The California Public Records Act provides that public records are open to inspection at all times during the office hours of the state or local agency that retains those records, and that every person has a right to inspect any public record, but exempts certain records from those requirements. Existing law, upon the request of any person furnishing any report, notice, application, plan, or other document required by the California Integrated Waste Management Act of 1989, provides that neither the department nor an enforcement agency shall make available for inspection by the public any portion of the report, notice, application, plan, or other document that contains a trade secret, as specified. +This bill would exempt certain waste disposal records subject to inspection and copying by the department or a government entity from disclosure under certain California Public Records Act provisions. The bill would also make certain waste disposal records subject to nondisclosure under the trade secrets provisions.","An act to amend Section 41821.5 of, to amend, renumber, and add Section 41821.6 of, and to add Sections 41821.7 and 41821.8 to, the Public Resources Code, relating to solid waste." +661,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19911 of the Business and Professions Code is amended to read: +19911. +No +(a) A +person under +the age of +21 years +of age +shall +not +be eligible for a work permit and +no +a +permit shall +not +be issued to a person under +the age of 21 years. +21 years of age. +(b) A person between 18 and 21 years of age may be employed to work in a gambling establishment, provided that he or she shall not work as a dealer, floor personnel, or any other employment classification that exclusively involves working on the floor of the gambling establishment. A person between 18 and 21 years of age may be employed in job classifications that entail providing services on and off the gaming floor that are not involved in play of any controlled game. +SEC. 2. +Section 19921 of the Business and Professions Code is amended to read: +19921. +(a) +No +A +person under 21 years of age shall +not +be permitted to enter upon the premises of a licensed gambling establishment, or any part thereof, except the following: +(1) An area, physically separated from any gambling area, for the exclusive purpose of dining. For purposes of this subdivision, any place wherein food or beverages are dispensed primarily by vending machines shall not constitute a place for dining. +(2) Restrooms. +(3) A supervised room that is physically separated from any gambling area and used primarily for the purpose of entertainment or recreation. +(4) A designated pathway to reach any of the areas described in paragraphs (1) to (3), inclusive. To the extent that the designated pathway requires an individual to enter upon or pass through the gaming floor, all persons under 21 years of age shall be accompanied by a person over 21 years of age or be in the presence of a gambling establishment employee over 21 years of age. +(5) In accordance with subdivision (b) of Section 19911. +(b) +No +A +person under 21 years of age shall +not +be permitted to loiter in a gaming area. +SECTION 1. +Section 17539.1 of the +Business and Professions Code +is amended to read: +17539.1. +(a)The following unfair acts or practices undertaken by, or omissions of, any person in the operation of any contest or sweepstakes are prohibited: +(1)Failing to clearly and conspicuously disclose, at the time of the initial contest solicitation, at the time of each precontest promotional solicitation, and each time the payment of money is required to become or to remain a contestant, the total number of contestants anticipated based on prior experience and the percentages of contestants correctly solving each puzzle used in the three most recently completed contests conducted by the person. If the person has not operated or promoted three contests he or she shall disclose for each prior contest, if any, the information required by this section. +(2)Failing to promptly send to each member of the public, upon his or her request, the actual number and percentage of contestants correctly solving each puzzle or game in the contest most recently completed. +(3)Misrepresenting in any manner the odds of winning any prize. +(4)Misrepresenting in any manner, the rules, terms, or conditions of participation in a contest. +(5)Failing to clearly and conspicuously disclose with all contest puzzles and games and with all promotional puzzles and games all of the following: +(A)The maximum number of puzzles or games that may be necessary to complete the contest and determine winners. +(B)The maximum amount of money, including the maximum cost of any postage and handling fees, that a participant may be asked to pay to win each of the contest prizes then offered. +(C)That future puzzles or games, if any, or tie breakers, if any, will be significantly more difficult than the initial puzzle. +(D)The date or dates on or before which the contest will terminate and upon which all prizes will be awarded. +(E)The method of determining prizewinners if a tie remains after the last tie breaker puzzle is completed. +(F)All rules, regulations, terms, and conditions of the contest. +(6)Failing to clearly and conspicuously disclose the exact nature and approximate value of the prizes when offered. +(7)Failing to award and distribute all prizes of the value and type represented. +(8)Representing directly or by implication that the number of participants has been significantly limited, or that any particular person has been selected to win a prize unless such is the fact. +(9)Representing directly or by implication that any particular person has won any money, prize, thing, or other value in a contest unless there has been a real contest in which a meaningful percentage, which shall be at least a majority, of the participants in such contests have failed to win a prize, money, thing, or other value. +(10)Representing directly or by implication that any particular person has won any money, prize, thing, or other value without disclosing the exact nature and approximate value thereof. +(11)Using the word “lucky” to describe any number, ticket, coupon, symbol, or other entry, or representing in any other manner directly or by implication that any number, ticket, coupon, symbol, or other entry confers or will confer an advantage upon the recipient that other recipients will not have, that the recipient is more likely to win a prize than are others, or that the number, ticket, coupon, symbol, or other entry has some value that other entries do not have. +(12)Using or offering for use any method intended to be used by a person interacting with an electronic video monitor to simulate gambling or play gambling-themed games in a business establishment that (A) directly or indirectly implements the predetermination of sweepstakes cash, cash-equivalent prizes, or other prizes of value, or (B) otherwise connects a sweepstakes player or participant with sweepstakes cash, cash-equivalent prizes, or other prizes of value. For the purposes of this paragraph, “business establishment” means a business that has any financial interest in the conduct of the sweepstakes or the sale of the products or services being promoted by the sweepstakes at its physical location. This paragraph does not make unlawful game promotions or sweepstakes conducted by for-profit commercial entities on a limited and occasional basis as an advertising and marketing tool that are incidental to substantial bona fide sales of consumer products or services and that are not intended to provide a vehicle for the establishment of places of ongoing gambling or gaming. +(13)Failing to obtain the express written or oral consent of individuals before their names are used for a promotional purpose in connection with a mailing to a third person. +(14)Using or distributing simulated checks, currency, or any simulated item of value unless there is clearly and conspicuously printed thereon the words: SPECIMEN—NONNEGOTIABLE. +(15)Representing, directly or by implication, orally or in writing, that any tie breaker puzzle may be entered upon the payment of money qualifying the contestant for an extra cash or any other type of prize or prizes unless: +(A)It is clearly and conspicuously disclosed that the payments are optional and that contestants are not required to pay money, except for reasonable postage and handling fees, to play for an extra cash or any other type of prize or prizes; and +(B)Contestants are clearly and conspicuously given the opportunity to indicate they wish to enter such phase of the contest for free, except for reasonable postage and handling fees the amount of which shall not exceed one dollar and fifty cents ($1.50) plus the actual cost of postage and which shall be clearly and conspicuously disclosed at the time of the initial contest solicitation and each time thereafter that the payment of such fees is required. The contestants’ opportunity to indicate they wish to enter for free shall be in immediate conjunction with and in a like manner as the contestants’ opportunity to indicate they wish to play for an extra prize. +(b)For the purposes of this section, “sweepstakes” means a procedure, activity, or event, for the distribution, donation, or sale of anything of value by lot, chance, predetermined selection, or random selection that is not unlawful under other provisions of law, including, but not limited to, Chapter 9 (commencing with Section 319) and Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of the Penal Code. +(c)This section does not apply to an advertising plan or program that is regulated by, and complies with, the requirements of Section 17537.1. +(d)Nothing in this section shall be deemed to render lawful any activity that is unlawful pursuant to other law, including, but not limited to, Section 320, 330a, 330b, 330.1, or 337j of the Penal Code. +(e)Nothing in this section shall be deemed to render unlawful or restrict otherwise lawful games, technologies, software, and methods used by a gambling enterprise licensed under the Gambling Control Act or operations of the California State Lottery.","The Gambling Control Act provides for the licensure of certain individuals and establishments involved in various gambling activities, and for the regulation of those activities, by the California Gambling Control Commission. Existing law prohibits a person under 21 years of age from being eligible for a work permit in a gambling establishment. Existing law also prohibits a person under 21 years of age from entering the premises of a licensed gambling establishment, except as provided. +This bill would permit a person between 18 and 21 years of age to work in a gambling establishment in a classification that entails providing services on and off the gaming floor that are not involved in play of any controlled game, as specified. +Existing law generally regulates false advertising and specifically prohibits certain unfair acts or practices undertaken by, or omissions of, a person in the operation of a contest, including misrepresenting the odds of winning a prize or failing to award and distribute all prizes. +Existing law specifies that these provisions do not render unlawful or restrict otherwise lawful games and methods used by a gambling enterprise licensed under the Gambling Control Act or operations of the California State Lottery. +This bill would expand that exemption to include lawful technologies and software used by a gambling enterprise licensed under the Gambling Control Act or operations of the California State Lottery.","An act to amend +Section 17539.1 +Sections 19911 and 19921 +of the Business and Professions Code, relating to +sweepstakes. +gaming." +662,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2655 of the Unemployment Insurance Code is amended to read: +2655. +(a) Except as provided in subdivisions (b), (c), (d), (e), and (f), an individual’s “weekly benefit amount” shall be the amount appearing in column B in the table set forth in this subdivision on the line of which in column A of the table there appears the wage bracket containing the amount of wages paid to the individual for employment by employers during the quarter of his or her disability base period in which wages were the highest. +A +Amount of wages in +highest quarter +B +Weekly benefit +amount +$75–1,149.99 ........................ +$50 +1,150–1,174.99 ........................ +51 +1,175–1,199.99 ........................ +52 +1,200–1,224.99 ........................ +53 +1,225–1,249.99 ........................ +54 +1,250–1,274.99 ........................ +55 +1,275–1,299.99 ........................ +56 +1,300–1,324.99 ........................ +57 +1,325–1,349.99 ........................ +58 +1,350–1,374.99 ........................ +59 +1,375–1,399.99 ........................ +60 +1,400–1,424.99 ........................ +61 +1,425–1,449.99 ........................ +62 +1,450–1,474.99 ........................ +63 +1,475–1,499.99 ........................ +64 +1,500–1,524.99 ........................ +65 +1,525–1,549.99 ........................ +66 +1,550–1,574.99 ........................ +67 +1,575–1,599.99 ........................ +68 +1,600–1,624.99 ........................ +69 +1,625–1,649.99 ........................ +70 +1,650–1,674.99 ........................ +71 +1,675–1,699.99 ........................ +72 +1,700–1,724.99 ........................ +73 +1,725–1,749.20 ........................ +74 +(b) For periods of disability commencing on or after January 1, 1990, and prior to January 1, 1991, if the amount of wages paid an individual for employment by employers during the quarter of his or her disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be 55 percent of these wages divided by 13, but not exceeding two hundred sixty-six dollars ($266) or the maximum workers’ compensation temporary disability indemnity weekly benefit amount, whichever is less. If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). +(c) For periods of disability commencing on or after January 1, 1991, but before January 1, 2000, if the amount of wages paid an individual for employment by employers during the quarter of his or her disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be 55 percent of these wages divided by 13, but not exceeding three hundred thirty-six dollars ($336). If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). +(d) (1) For periods of disability commencing on or after January 1, 2000, but before January 1, 2018, if the amount of wages paid an individual for employment by employers during the quarter of his or her disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be equal to 55 percent of these wages divided by 13, but not exceeding the maximum workers’ compensation temporary disability indemnity weekly benefit amount. +(2) Notwithstanding the maximum workers’ compensation temporary disability indemnity weekly benefit amount of paragraph (1), if the benefit under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). +(e) For periods of disability commencing on and after January 1, 2018, but before January 1, 2022, an individual’s “weekly benefit amount” shall be as follows: +(1) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is less than nine hundred twenty-nine dollars ($929), then fifty dollars ($50). +(2) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is nine hundred twenty-nine dollars ($929) or more, and is less than one-third of the amount of the state average quarterly wage, then 70 percent of the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest, divided by 13. If the weekly benefit amount is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). +(3) Except as provided in paragraph (4), when the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is one-third of the amount of the state average quarterly wage, or more, then either (A) 23.3 percent of the state average weekly wage or (B) 60 percent of the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest divided by 13, whichever amount is greater. If the weekly benefit amount is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). +(4) An individual’s “weekly benefit amount” shall not exceed the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code. +(f) (1) For periods of disability commencing on or after January 1, 2022, if the amount of wages paid an individual for employment by employers during the quarter of his or her disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be equal to 55 percent of these wages divided by 13, but not exceeding the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code. +(2) Notwithstanding the maximum workers’ compensation temporary disability indemnity weekly benefit amount of paragraph (1) of subdivision (d), if the benefit under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). +(g) For purposes of this section: +(1) “State average quarterly wage” means the state average weekly wage multiplied by 13. +(2) “State average weekly wage” means the average weekly wage paid by employers to employees covered by unemployment insurance as reported by the United States Department of Labor for California for the 12 months ending on March 31 of the calendar year preceding the year in which the disability occurred. +SEC. 2. +Section 2655.1 is added to the Unemployment Insurance Code, to read: +2655.1. +(a) By March 1, 2021, the department shall prepare and submit to the Legislature, including the legislative committees described in subdivision (c), a report that includes data on levels and trends between January 1, 2017, and the latest date for which data is available in 2020, in the following: +(1) Utilization of paid family leave and disability insurance by income level, including, but not limited to, utilization of paid family leave by low-wage workers. +(2) Benefit costs. +(3) Supplemental disability insurance contribution rates. +(b) The report described in subdivision (a) shall also include projections of utilization and costs for three subsequent years beginning January 1, 2022, with the assumption that the wage replacement rates that are in effect on January 1, 2018, remain in effect. +(c) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code and shall be submitted to the Assembly Committee on Insurance, the Senate Committee on Labor and Industrial Relations, the Assembly and Senate Committees on Appropriations, the Assembly Committee on Budget, and the Senate Committee on Budget and Fiscal Review. +(d) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024. +SEC. 3. +Section 3303 of the Unemployment Insurance Code is amended to read: +3303. +(a) On and after July 1, 2014, an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of his or her weekly benefit amount on any day in which he or she is unable to perform his or her regular or customary work because he or she is bonding with a minor child during the first year after the birth or placement of the child in connection with foster care or adoption or caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, only if the director finds all of the following: +(1) The individual has made a claim for temporary disability benefits as required by authorized regulations. +(2) The individual has been unable to perform his or her regular or customary work for a seven-day waiting period during each disability benefit period, with respect to which waiting period no family temporary disability insurance benefits are payable. +(3) The individual has filed a certificate, as required by Sections 2708 and 2709. +(b) This section shall become inoperative and shall be repealed on January 1, 2018. +SEC. 4. +Section 3303 is added to the Unemployment Insurance Code, to read: +3303. +(a) On and after July 1, 2014, an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of his or her weekly benefit amount on any day in which he or she is unable to perform his or her regular or customary work because he or she is bonding with a minor child during the first year after the birth or placement of the child in connection with foster care or adoption, or caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, only if the director finds both of the following: +(1) The individual has made a claim for temporary disability benefits as required by authorized regulations. +(2) The individual has filed a certificate, as required by Sections 2708 and 2709. +(b) This section shall become operative on January 1, 2018. +SEC. 5. +(a) By July 1, 2017, the Employment Development Department shall report to the Assembly Committee on Insurance and the Senate Committee on Labor and Industrial Relations the projected costs and potential benefits associated with options to reduce, eliminate, or otherwise modify the waiting period for disability insurance benefits. +(b) The report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. +(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2021.","Existing unemployment compensation disability law provides a formula for determining benefits available to qualifying disabled individuals. For an individual who has quarterly base wages of greater than $1,749.20, the weekly benefit is calculated by multiplying base wages by 55% and dividing the result by 13. For a benefit that is not a multiple of $1, existing law provides that the benefit shall be computed to the next higher multiple of $1. However, existing law provides that this amount may not exceed the maximum workers’ compensation temporary disability indemnity weekly benefit amount. +Under existing law, the family temporary disability insurance program provides up to 6 weeks of wage replacement benefits to workers who take time off work to care for specified persons, or to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption. Existing law defines “weekly benefit amount” for purposes of this program to mean the amount of benefits available to qualifying disabled individuals pursuant to unemployment compensation disability law. +This bill would revise the formula for determining benefits available pursuant to unemployment compensation disability law and for the family temporary disability insurance program, for periods of disability commencing after January 1, 2018, but before January 1, 2022, to provide a weekly benefit amount minimum of $50 and increase the wage replacement rate to specified percentages, but not to exceed the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to existing law. +Existing law deems an individual to be eligible for family temporary disability benefits if, among other things, the individual is unable to perform his or her regular or customary work for a 7-day waiting period during each disability benefit period. and prohibits payments for benefits during this waiting period. +This bill, on and after January 1, 2018, also would remove the 7-day waiting period for these benefits. +This bill, by authorizing an increase in the expenditure of money from the Unemployment Compensation Disability Fund, would make an appropriation. +This bill would require, by July 1, 2017, the Employment Development Department to report to the Assembly Committee on Insurance and Senate Committee on Labor and Industrial Relations specified information regarding the waiting period for disability benefits. The bill also would require, by March 1, 2021, the department to prepare a report to the Legislature and specified legislative committees on levels and trends regarding utilization, costs, and rates with respect to family leave and disability insurance.","An act to amend Section 2655 of, to amend, repeal, and add Section 3303 of, and to add and repeal Section 2655.1 of, the Unemployment Insurance Code, relating to disability compensation, and making an appropriation therefor." +663,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature in enacting this act to do the following: +(a)Authorize Saddleback Memorial Medical Center, San Clemente, to operate a stand-alone emergency room for purposes of stabilizing patients prior to transfer to any other hospital in the region. +(b)Provide transparency with regard to hospital closures. +SEC. 2. +Section 1255.23 is added to the +Health and Safety Code +, +immediately following Section 1255.2 +, to read: +1255.23. +(a)In addition to the requirements set forth in Sections 1255.1 and 1255.2, a general acute care hospital that provides emergency medical services pursuant to Section 1255, and that is scheduled for closure, shall conduct a public hearing for public review and comment during the 90-day period established pursuant to subdivision (a) of Section 1255.1. +(b)A hospital that conducts a public hearing pursuant to subdivision (a) shall conduct the hearing pursuant to the procedural requirements that are established pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). +SEC. 3. +Notwithstanding any other law, Saddleback Memorial Medical Center, San Clemente, may continue, under its existing license, to provide emergency medical services to patients in the region if it otherwise transforms its delivery of services. +SECTION 1. +Section 1255.23 is added to the Health and Safety Code, immediately following Section 1255.2, to read: +1255.23. +(a) Notwithstanding any other law, Saddleback Memorial Medical Center may operate an emergency department at its San Clemente campus, subject to the following requirements: +(1) The emergency department shall operate under the consolidated license of Saddleback Memorial Medical Center and meet all of the requirements imposed under that license, including being within 15 miles of its parent hospital. +(2) The emergency department shall be a conversion from a previously existing acute care campus and may not be a newly developed freestanding emergency department. +(3) The emergency department shall be open 24 hours a day, 365 days a year. +(4) The emergency department shall be staffed by at least one board-certified emergency physician at all times. +(5) The emergency department shall be staffed with properly trained emergency room nurses and meet the minimum staffing requirements for emergency departments in this state. +(6) The emergency department shall have a complete range of laboratory and diagnostic radiology services, including a complete array of laboratory test, basic X-ray, computerized tomography (CT) scan, and ultrasound capabilities. +(7) The emergency department shall meet the specialty call requirements, as defined by the Orange County Emergency Medical Services Agency, under its consolidated license. +(8) The emergency department shall have transfer agreements with specialty centers, such as trauma, burn, and pediatric centers, to meet the needs of the injury or patient population served in the community. +(9) The emergency department shall have the capabilities to stabilize patients with emergency medical conditions and to transport them to its parent hospital or other higher level of care facilities in a safe and timely manner, consistent with the standards of care in the local communities. +(10) The emergency department shall have a fully functioning transport program with a proven track record of safely transporting patients who require admission to its parent hospital or other higher level of care and specialty services facilities, such as trauma, burn, and pediatric facilities. +(11) All applicable federal and state regulatory requirements shall be met under the consolidated license of Saddleback Memorial Medical Center, including all applicable regulations of the Centers for Medicare and Medicaid Services and Title 22 of the California Code of Regulations. +(b) Nothing in this section shall be construed to require Saddleback Memorial Medical Center to provide for concomitant acute care services at the San Clemente campus or to seek additional licensure for operation of the emergency department that is authorized pursuant to this section. +SEC. 4. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances regarding the provision of emergency medical services to the communities of San Clemente, Dana Point, and San Juan Capistrano. +SEC. 5. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to ensure the provision of emergency medical services to the communities of San Clemente, Dana Point, and San Juan Capistrano at the earliest point in time, +and to provide transparency with regard to hospital closures, +it is necessary that this act take effect immediately.","Existing law provides for the licensure and regulation of health facilities, including general acute care hospitals, by the State Department of Public Health. Existing law authorizes a general acute care hospital, as defined, to offer special services, including, but not limited to, emergency medical services. Existing law requires a hospital that provides emergency medical services to provide notice of the planned reduction or elimination of those services to certain entities and the public, as specified. +Existing law requires a health facility that implements a downgrade or change in services to make a reasonable effort to inform the community that it serves of the downgrade or change, as specified. Existing law authorizes the department to exempt a hospital from those disclosure requirements upon specified circumstances. +This bill would require a general acute care hospital that provides emergency medical services that is scheduled for closure to conduct public hearings for public review and comment, as specified. The bill would also authorize Saddleback Memorial Medical Center, San Clemente, to continue, under its existing license, to provide emergency medical services to patients in the region if it otherwise transforms its delivery of services. +This bill would authorize Saddleback Memorial Medical Center to operate an emergency department at its San Clemente campus, subject to specified requirements. +This bill would make legislative findings and declarations as to the necessity of a special statute for the communities of San Clemente, Dana Point, and San Juan Capistrano. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Section 1255.23 to the Health and Safety Code, relating to hospitals, and declaring the urgency thereof, to take effect immediately." +664,"The people of the State of California do enact as follows: + + +SECTION 1. +The heading of Chapter 16 (commencing with Section 17150) of Part 10 of Division 1 of Title 1 of the Education Code is amended to read: +CHAPTER 16. Public Disclosure of +Non-Voter-Approved +Debt +SEC. 2. +Section 17150 of the Education Code is amended to read: +17150. +(a) Upon the approval by the governing board of the school district to proceed with the issuance of +revenue +bonds or to enter into an agreement for financing school construction pursuant to Chapter 18 (commencing with Section 17170), the school district shall notify the county superintendent of schools and the county auditor. The superintendent of the school district shall provide the repayment schedules for that debt obligation and evidence of the ability of the school district to repay that obligation to the county auditor, the county +superintendent, +superintendent of schools, +the governing board, and the public. Within 15 days of the receipt of the information, the county superintendent of schools and the county auditor may comment publicly to the governing board of the school district regarding the capability of the school district to repay that debt obligation. +(b) Upon the approval by the county board of education to proceed with the issuance of +revenue +bonds or to enter into an agreement for financing pursuant to Chapter 18 (commencing with Section 17170), the county superintendent of schools or superintendent of a school district for which the county board serves as governing board shall notify the Superintendent. The county superintendent of schools or the superintendent of a school district for which the county board serves as the governing board shall provide the repayment schedules for that debt obligation and evidence of the ability of the county office of education or school district to repay that obligation, to the Superintendent, the governing board, and the public. Within 15 days of the receipt of the information the Superintendent may comment publicly to the county board of education regarding the capability of the county office of education or school district to repay that debt obligation. +(c) +Prior to +Before +delivery of the notice required by subdivision (a) neither the county nor its officers shall have responsibility for the administration of the indebtedness of the school district. Failure to comply with the requirements of this section will not affect the validity of the indebtedness. +SEC. 3. +Section 17150.1 of the Education Code is amended to read: +17150.1. +(a) No later than 30 days before the approval by the governing board of the school district to proceed with the issuance of +bonds, +certificates of participation +, +and other debt instruments that are secured by real +property and do not require approval of the voters of the school district, +property, +the school district shall notify the county superintendent of schools and the county auditor. The superintendent of the school district shall provide information necessary to assess the anticipated effect of the debt issuance, including the repayment schedules for that debt obligation, evidence of the ability of the school district to repay that obligation, and the issuance costs, to the county auditor, the county superintendent, the governing board, and the public. Within 15 days of the receipt of the information, the county superintendent of schools and the county auditor may comment publicly to the governing board of the school district regarding the capability of the school district to repay that debt obligation. +(b) No later than 30 days before the approval by the county board of education to proceed with the issuance of certificates of participation and other debt instruments that are secured by real +property and do not require approval of the voters of the county, +property, +the county superintendent of schools or superintendent of a school district for which the county board serves as governing board shall notify the Superintendent. The county superintendent of schools or the superintendent of a school district for which the county board serves as the governing board shall provide information necessary to assess the anticipated effect of the debt issuance, including the repayment schedules for that debt obligation, the evidence of the ability of the county office of education or school district to repay that obligation, and issuance costs, to the Superintendent, the governing board, and the public. Within 15 days of the receipt of the information the Superintendent may comment publicly to the county board of education regarding the capability of the county office of education or school district to repay that debt obligation. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires a school district to notify the county superintendent of schools and the county auditor when the governing board of the school district approves proceeding with the issuance of certificates of participation or revenue bonds or entering into specified agreements for financing school construction pursuant to the California School Finance Authority Act. The superintendent of the school district is required to provide specified information to the county auditor, the county superintendent of schools, the governing board, and the public regarding that debt. +Existing law requires the county superintendent of schools or superintendent of a school district for which the county board serves as governing board to notify the Superintendent of Public Instruction when the county board of education approves proceeding with the issuance of certificates of participation or revenue bonds or to entering into an agreement for financing pursuant to the California School Finance Authority Act. The county superintendent of schools or the superintendent of a school district for which the county board serves as the governing board is required to provide specified information to the Superintendent of Public Instruction, the governing board, and the public. +This bill would delete the language specifying that the scope of these provisions is limited to revenue bonds, and instead refer to bonds generally. The bill would also require that, no later than 30 days before the approval by the governing board of the school district to proceed with the issuance of bonds, the school district notify the county superintendent of schools and the county auditor. The bill would delete the language limiting the requirement of this notice to instruments that do not require approval of the voters of the school district or county. +To the extent that this bill would expand the requirements for the provision of notices by specified county officials, the bill would impose a state-mandated local program. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 17150 and 17150.1 of, and to amend the heading of Chapter 16 (commencing with Section 17150) of Part 10 of Division 1 of Title 1 of, the Education Code, relating to local educational agencies." +665,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 67381 of the Education Code is amended to read: +67381. +(a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses. +(b) The Trustees of the California State University, the Regents of the University of California, and the governing board of independent postsecondary institutions, as defined, shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes, sexual assaults, and hate crimes occurring on each campus. +(c) Local law enforcement agencies shall enter into written agreements with campus law enforcement agencies if there are college or university campuses of the governing entities specified in subdivision (b) located in the jurisdictions of the local law enforcement agencies. +(d) Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime, sexual assault, and hate crime, and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary. +(e) A written agreement entered into pursuant to this section shall be reviewed, updated if necessary, and made available for public viewing by July 1, 2016, and every five years thereafter. +(f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement. +(g) Nothing in this section shall affect existing written agreements between campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law. +(h) Nothing in this section shall be construed to limit the authority of campus law enforcement agencies to provide police services to their campuses. +(i) As used in this section, the following terms have the following meanings: +(1) “Local law enforcement agencies” means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located. +(2) “Part 1 violent crimes” means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation. +(3) “Hate crime” means any offense described in Section 422.55 of the Penal Code. +(4) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of any of these. +(5) “Independent postsecondary institutions” means institutions operating pursuant to Section 830.6 of the Penal Code or pursuant to a memorandum of understanding as described in subdivision (b) of Section 830.7 of the Penal Code. +(j) This section shall be known and may be cited as the Kristin Smart Campus Safety Act of 1998. +(k) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on university and college campuses by setting minimum standards for written agreements to be entered into by campus law enforcement agencies and local law enforcement agencies. +SEC. 2. +Section 67381.1 is added to the Education Code, to read: +67381.1. +(a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses. +(b) The governing board of each community college district shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes occurring on each campus. +(c) Local law enforcement agencies shall enter into written agreements with community college campus law enforcement agencies if there are community college campuses located in the jurisdictions of the local law enforcement agencies. +(d) Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary. +(e) Written agreements regarding community college law enforcement agencies entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, shall be available for public viewing. +(f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement. +(g) Nothing in this section shall affect existing written agreements between community college campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law. +(h) Nothing in this section shall be construed to limit the authority of community college campus law enforcement agencies to provide police services to their campuses. +(i) As used in this section, the following terms have the following meanings: +(1) “Local law enforcement agencies” means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located. +(2) “Part 1 violent crimes” means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation. +(j) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on community college campuses by setting minimum standards for written agreements to be entered into by community college campus law enforcement agencies and local law enforcement agencies. +(k) (1) Upon the governing board of a community college district adopting a rule requiring each of its campuses to update an agreement entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, the governing board of the community college district shall be treated as a governing entity specified in subdivision (b) of Section 67381 and the community college district and its campuses shall be subject to the requirements of Section 67381 instead of this section. +(2) The Legislature encourages the governing board of each community college district to adopt a rule requiring each of its respective campuses to update these agreements. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","The Kristin Smart Campus Safety Act of 1998 requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions, as defined, to adopt rules requiring each of their respective campuses to enter into a written agreement with local law enforcement agencies relating to certain violent crimes. These agreements are required to designate the law enforcement agency that will have operational responsibility for the investigation of these crimes. Existing law provides that these provisions do not apply to the University of California except to the extent that the regents, by appropriate resolution, make the provisions applicable. +This bill would, for the Trustees of the California State University, the governing boards of independent postsecondary institutions, and, subject to appropriate resolution, the Regents of the University of California, require these written agreements to designate the law enforcement agency that will have operational responsibility for the investigation of each sexual assault and hate crime, as defined, and require these written agreements to be reviewed, updated if necessary, and made available to the public by July 1, 2016, and every 5 years thereafter. Upon the governing board of a community college district adopting a rule requiring its campuses to update these agreements, the bill would subject the community college district and its campuses to the requirements imposed on other postsecondary institutions by the bill. The bill would encourage the governing board of each community college district to adopt a rule requiring its respective campuses to update these agreements. By expanding the duties of community college districts and local law enforcement agencies, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 67381 of, and to add Section 67381.1 to, the Education Code, relating to student safety." +666,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 149.11 is added to the Streets and Highways Code, to read: +149.11. +(a) (1) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the San Bernardino County Transportation Commission, created pursuant to Section 130054 of the Public Utilities Code, may conduct, administer, and operate a value-pricing program in the Interstate 10 and Interstate 15 corridors in the County of San Bernardino. The value-pricing program may include high-occupancy toll lanes or other toll facilities. The San Bernardino County Transportation Commission may also extend the program to include the approaching and departing connectors on Interstate 10 extending into the County of Los Angeles, as designated by an agreement with the Los Angeles County Metropolitan Transportation Authority, and the connection to the Interstate 15 express lanes project in the County of Riverside, as designated by an agreement with the Riverside County Transportation Commission. The San Bernardino County Transportation Commission may exercise its existing powers of eminent domain pursuant to Section 130220.5 of the Public Utilities Code to acquire property necessary to carry out the purposes of the value-pricing program. +(2) The value-pricing program authorized pursuant to paragraph (1) may only be implemented upon a determination that the program and the resulting facilities will improve the performance of the affected corridors. Improved performance may be demonstrated by factors that include, but are not limited to, increased passenger throughput or improved travel times. The San Bernardino County Transportation Commission shall make the determination required by this paragraph in a public meeting prior to operation of the value-pricing program. +(3) The San Bernardino County Transportation Commission shall have the authority to set, levy, and collect tolls, user fees, or other similar charges payable for the use of the toll facilities in the County of San Bernardino, and any other incidental or related fees or charges, and to collect those revenues, in a manner determined by the San Bernardino County Transportation Commission, in amounts as required for the following expenditures relative to the program and for the purposes of paragraph (4): +(A) Development, including the costs of design, construction, right-of-way acquisition, and utilities adjustment. +(B) Operations and maintenance, including, but not limited to, insurance, collection, and enforcement of tolls, fees, and charges. +(C) Repair, rehabilitation, and reconstruction. +(D) Indebtedness incurred and internal loans and advances, including related financial costs. +(E) Administration, which shall not exceed 3 percent of the revenues of toll facilities and associated transportation facilities. +(F) Reserves for the purposes described in subparagraphs (A) to (E), inclusive. +(4) All revenue generated pursuant to paragraph (3) in excess of the expenditure needs of that paragraph shall be used exclusively for the benefit of the transportation corridors included in the value-pricing program created pursuant to this section. These excess revenue expenditures shall be described in an excess revenue expenditure plan developed in consultation with the department and adopted and periodically updated by the board of directors of the San Bernardino County Transportation Commission and may include, but need not be limited to, the following eligible expenditures: +(A) Expenditures to enhance transit service designed to reduce traffic congestion within the transportation corridors included in the value-pricing program created pursuant to this section. Eligible expenditures include, but are not limited to, transit operating assistance, the acquisition of transit vehicles, and transit capital improvements otherwise eligible to be funded under the state transportation improvement program pursuant to Section 164. +(B) Expenditures to make operational or capacity improvements designed to reduce traffic congestion or improve the flow of traffic in the transportation corridors included in the value-pricing program created pursuant to this section. Eligible expenditures include, but are not limited to, any phase of project delivery to make capital improvements to on ramps, off ramps, connector roads, roadways, bridges, or other structures that are necessary for or related to the tolled or nontolled transportation facilities in the transportation corridors included in the value-pricing program created pursuant to this section. +(5) To the extent the San Bernardino County Transportation Commission plans to extend the value-pricing program into the Counties of Los Angeles or Riverside, it shall enter into an agreement with the Los Angeles County Metropolitan Transportation Authority or the Riverside County Transportation Commission, as applicable, subject to approval of the board of directors of the San Bernardino County Transportation Commission and the board of directors of the affected entity. If the value-pricing program developed and operated by the San Bernardino County Transportation Commission connects to, or is near, similar toll facilities constructed and operated by the Los Angeles County Metropolitan Transportation Authority or the Riverside County Transportation Commission, the respective entities shall enter into an agreement providing for the coordination of the toll facilities operated by each entity. +(b) (1) The San Bernardino County Transportation Commission shall carry out the program in cooperation with the Department of the California Highway Patrol pursuant to an agreement that addresses all matters related to enforcement on state highway system facilities in connection with the value-pricing program, and with the department pursuant to an agreement that addresses all matters related to the design, construction, maintenance, and operation of state highway system facilities in connection with the value-pricing program, including, but not limited to, financing, repair, rehabilitation, and reconstruction. +(2) The San Bernardino County Transportation Commission shall be responsible for reimbursing the department and the Department of the California Highway Patrol for costs related to the toll facility pursuant to an agreement between the San Bernardino County Transportation Commission and the department and between the San Bernardino County Transportation Commission and the Department of the California Highway Patrol. +(c) Single-occupant vehicles that are certified or authorized by the San Bernardino County Transportation Commission for entry into, and use of, the high-occupancy toll lanes implemented pursuant to this section are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use. +(d) (1) The San Bernardino County Transportation Commission may issue bonds at any time to finance any costs necessary to implement the program established pursuant to this section and any expenditures provided for in paragraphs (3) and (4) of subdivision (a), payable from the revenues generated from the program and any other sources of revenues available to the San Bernardino County Transportation Commission that may be used for these purposes, including, but not limited to, sales tax revenue, development impact fees, or state and federal grants. +(2) The maximum bonded indebtedness that may be outstanding at any one time shall not exceed an amount that may be serviced from the projected revenues available as described in paragraph (1). +(3) The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable at intervals determined by the San Bernardino County Transportation Commission. +(4) Any bond issued pursuant to this subdivision shall contain on its face a statement to the following effect: +“Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal of, or interest on, this bond.” +(5) Bonds shall be issued pursuant to a resolution of the governing board of the San Bernardino County Transportation Commission adopted by a majority vote of its governing board. The resolution or bond authorizing instrument shall state all of the following: +(A) The purposes for which the proposed debt is to be incurred. +(B) The estimated cost of accomplishing those purposes. +(C) The amount of the principal of the indebtedness. +(D) The maximum term of the bonds and the maximum interest rate. +(E) The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000). +(F) The form of the bonds. +(e) Not later than three years after the San Bernardino County Transportation Commission first collects revenues from the program authorized by this section, the San Bernardino County Transportation Commission shall submit a report to the Legislative Analyst on its findings, conclusions, and recommendations concerning the program. The report shall include an analysis of the effect of the transportation facilities on the adjacent mixed-flow lanes and any comments submitted by the department and the Department of the California Highway Patrol regarding operation of the transportation facilities. +(f) This section shall not prevent the department or any local agency from constructing improvements in the transportation corridors that compete with the program, and the San Bernardino County Transportation Commission shall not be entitled to compensation for the adverse effects on toll revenue due to those competing improvements. +(g) If any provision of this section or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this extent the provisions are severable. +(h) Nothing in this section shall authorize the conversion of any existing nontoll or nonuser-fee lanes into tolled or user-fee lanes, except that a high-occupancy vehicle lane may be converted into a high-occupancy toll lane. +SEC. 2. +This act shall become operative only if Assembly Bill 194 of the 2015–16 Regular Session is also enacted and becomes operative on or before January 1, 2016.","Existing law provides for the Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, to authorize or permit exclusive or preferential use of highway lanes for high-occupancy vehicles (HOVs). Existing law authorizes the development and implementation of a value-pricing program consisting of high-occupancy toll (HOT) lanes in various corridors under certain circumstances, pursuant to which vehicles that do not meet the vehicle occupancy requirements for use of an HOV lane may use the lane upon payment of a toll. +This bill would authorize the San Bernardino County Transportation Commission to conduct, administer, and operate a value-pricing program, that may include HOT lanes or other toll facilities in the Interstate Highway Routes 10 and 15 in the County of San Bernardino and, with the agreement of affected transportation agencies, specified extensions and connections into the Counties of Los Angeles and Riverside. The bill would require the toll revenues to be spent for specified transportation purposes and would authorize the commission to issue revenue bonds payable from toll revenues. The bill would require the commission to report to the Legislative Analyst on specified matters within 3 years of commencement of revenue collection from the value-pricing program. The bill would enact other related provisions. +This bill would become operative only if AB 194 is also enacted and becomes operative on or before January 1, 2016.","An act to add Section 149.11 to the Streets and Highways Code, relating to transportation." +667,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 44984 of the Education Code is amended to read: +44984. +(a) The governing board of a school district shall provide by rules and regulations for industrial accident and illness leaves of absence for all certificated employees. The governing board of a district that is created or whose boundaries or status is changed by an action to organize or reorganize districts completed after the effective date of this section shall provide by rules and regulations for these leaves of absence on or before the date on which the organization or reorganization of the district becomes effective for all purposes. +(b) The rules or regulations shall include the following provisions: +(1) Allowable leave shall be for not less than 60 days during which the schools of the district are required to be in session or when the employee would otherwise have been performing work for the district in any one fiscal year for the same accident. +(2) Allowable leave shall not be accumulated from year to year. +(3) Industrial accident or illness leave shall commence on the first day of absence. +(4) (A) When a certificated employee is absent from his or her duties on account of an industrial accident or illness, he or she shall be paid the portion of the salary due him or her for any month in which the absence occurs as, when added to his or her temporary disability indemnity under Division 4 or Division 4.5 of the Labor Code, will result in a payment to him or her of not more than his or her full salary. +(B) The phrase “full salary” as utilized in this subdivision shall be computed so that it shall not be less than the employee’s “average weekly earnings” as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable. +(5) Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award. +(6) When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him or her for the same illness or injury. +(c) Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Sections 44977, 44978 and 44983, and for the purposes of each of these sections, the employee’s absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave, provided that if the employee continues to receive temporary disability indemnity, the employee may elect to take as much of his or her accumulated sick leave which, when added to his or her temporary disability indemnity, will result in a payment to him or her of not more than his or her full salary. +(d) The governing board of a district may, by rule or regulation, provide for an additional leave of absence for industrial accident or illness as it deems appropriate. +(e) During a paid leave of absence, the employee may endorse to the district the temporary disability indemnity checks received on account of the employee’s industrial accident or illness. The district, in turn, shall issue the employee appropriate salary warrants for payment of the employee’s salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to and retained by the employee for periods covered by the salary warrants. +(f) In the absence of rules and regulations adopted by the governing board of a district pursuant to this section, an employee shall be entitled to industrial accident or illness leave as provided in this section but without limitation as to the number of days of this leave. +SEC. 2. +Section 45192 of the Education Code is amended to read: +45192. +(a) The governing board of a school district shall provide by rules and regulations for industrial accident or illness leaves of absence for employees who are a part of the classified service. The governing board of a district that is created or whose boundaries or status is changed by an action to organize or reorganize districts completed after the effective date of this section shall provide by rules and regulations for these leaves of absence on or before the date on which the organization or reorganization of the district becomes effective for all purposes. +(b) The rules and regulations shall include the following provisions: +(1) Allowable leave shall not be for less than 60 working days in any one fiscal year for the same accident. +(2) Allowable leave shall not be accumulative from year to year. +(3) Industrial accident or illness leave will commence on the first day of absence. +(4) Payment for wages lost on any day shall not, when added to an award granted the employee under the workers’ compensation laws of this state, exceed the normal wage for the day. +(5) Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under workers’ compensation. +(6) When an industrial accident or illness occurs at a time when the full 60 days will overlap into the next fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury. +(c) The industrial accident or illness leave of absence is to be used in lieu of entitlement acquired under Section 45191. When entitlement to industrial accident or illness leave has been exhausted, entitlement or other sick leave will then be used; but if an employee is receiving workers’ compensation the employee shall be entitled to use only so much of his or her accumulated or available sick leave, accumulated compensating time, vacation or other available leave that, when added to the workers’ compensation award, provide for a full day’s wage or salary. +(d) The governing board of a district may, by rule or regulation, provide for as much additional leave of absence, paid or unpaid, as it deems appropriate and during this leave the employee may return to his or her position without suffering any loss of status or benefits. The employee shall be notified, in writing, that available paid leave has been exhausted, and shall be offered an opportunity to request additional leave. +(e) A period of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employee. +(f) During a paid leave of absence, whether industrial accident leave as provided in this section, sick leave, vacation, compensated time off, or other available leave provided by law or the action of a governing board of a district, the employee shall endorse to the district wage loss benefit checks received under the workers’ compensation laws of this state. The district, in turn, shall issue the employee appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section. +(g) When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of his or her position, the employee shall, if not placed in another position, be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, the employee shall be employed in a vacant position in the class of the employee’s previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the employee shall be listed in accordance with appropriate seniority regulations. +(h) The governing board of a district may require that an employee serve or have served continuously a specified period of time with the district before the benefits provided by this section are made available to the employee provided that this period shall not exceed three years and that all service of the employee prior to the effective date of this section shall be credited in determining compliance with the requirement. +(i) In the absence of rules and regulations adopted by the governing board of a district, pursuant to this section, an employee shall be entitled to industrial and accident or illness leave as provided in this section but without limitation as to the number of days of this leave and without any requirement of a specified period of service. +(j) An employee who has been placed on a reemployment list, as provided in this section, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed. +(k) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). +SEC. 3. +Section 87787 of the Education Code is amended to read: +87787. +(a) The governing board of a community college district shall provide by rules and regulations for industrial accident and illness leaves of absence for all academic employees. The governing board of a district that is created or whose boundaries or status is changed by an action to organize or reorganize districts completed after January 1, 1976, shall provide by rules and regulations for those leaves of absence on or before the date on which the organization or reorganization of the district becomes effective. +(b) The rules or regulations shall include all of the following provisions: +(1) Allowable leave shall be for not less than 60 days during which the schools of the district are required to be in session or when the employee would otherwise have been performing work for the district in any one fiscal year for the same accident. +(2) Allowable leave shall not be accumulated from year to year. +(3) Industrial accident or illness leave shall commence on the first day of absence. +(4) (A) When an academic employee is absent from his or her duties on account of an industrial accident or illness, the employee shall be paid the portion of the salary due him or her for any month in which the absence occurs as, when added to his or her temporary disability indemnity under Division 4 (commencing with Section 3200) or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to the employee of not more than his or her full salary. +(B) The phrase “full salary,” as utilized in this subdivision, shall be computed so that it shall not be less than the employee’s “average weekly earnings” as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable. +(5) Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award. +(6) When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him or her for the same illness or injury. +(c) Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Sections 87780, 87781 and 87786, and, for the purposes of each of these sections, his or her absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave. However, if the employee continues to receive temporary disability indemnity, he or she may elect to take as much of his or her accumulated sick leave which, when added to his or her temporary disability indemnity, will result in a payment to the employee of not more than his or her full salary. +(d) The governing board of a district, by rule or regulation, may provide for additional leave of absence for industrial accident or illness as it deems appropriate. +(e) During a paid leave of absence, the employee may endorse to the district the temporary disability indemnity checks received on account of his or her industrial accident or illness. The district, in turn, shall issue the employee appropriate salary warrants for payment of the employee’s salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to and retained by the employee for periods covered by the salary warrants. +(f) In the absence of rules and regulations adopted by the governing board of a district pursuant to this section, an employee shall be entitled to industrial accident or illness leave as provided in this section but without limitation as to the number of days of leave. +SEC. 4. +Section 88192 of the Education Code is amended to read: +88192. +(a) The governing board of a community college district shall provide, by rules and regulations, for industrial accident or illness leaves of absence for employees who are a part of the classified service. The governing board of a district that is created or whose boundaries or status is changed by an action to organize or reorganize districts completed after January 1, 1975, shall provide, by rules and regulations, for these leaves of absence on or before the date on which the organization or reorganization of the district becomes effective for all purposes. +(b) The rules and regulations shall include all of the following provisions: +(1) Allowable leave shall not be for less than 60 working days in any one fiscal year for the same accident. +(2) Allowable leave shall not be accumulative from year to year. +(3) Industrial accident or illness leave of absence will commence on the first day of absence. +(4) Payment for wages lost on any day shall not, when added to an award granted the employee under the workers’ compensation laws of this state, exceed the normal wage for the day. +(5) Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under workers’ compensation. +(6) When an industrial accident or illness occurs at a time when the full 60 days will overlap into the next fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury. +(c) The industrial accident or illness leave of absence is to be used in lieu of entitlement acquired under Section 88191. When entitlement to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used; but if an employee is receiving workers’ compensation, the employee shall be entitled to use only so much of the his or her accumulated or available sick leave, accumulated compensating time, vacation or other available leave which, when added to the workers’ compensation award, provide for a full day’s wage or salary. +(d) The governing board of a district, by rule or regulation, may provide for additional leave of absence, paid or unpaid, as it deems appropriate and during that leave the employee may return to the his or her position without suffering any loss of status or benefits. +(e) A period of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employee. +(f) During a paid leave of absence, whether industrial accident leave as provided in this section, sick leave, vacation, compensated time off or other available leave provided by law or the action of a governing board of a district, the employee shall endorse to the district wage loss benefit checks received under the workers’ compensation laws of this state. The district, in turn, shall issue the employee appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section. +(g) When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of his or her position, the employee, if not placed in another position, shall be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, the employee shall be employed in a vacant position in the class of his or her previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the employee shall be listed in accordance with appropriate seniority regulations. +(h) The governing board of a district may require that an employee serve, or have served continuously, a specified period of time with the district before the benefits provided by this section are made available to the employee. However, that period shall not exceed three years. All service of an employee prior to the effective date of this section shall be credited in determining compliance with the requirement. +(i) In the absence of rules and regulations adopted by the governing board of a district pursuant to this section, an employee shall be entitled to industrial and accident or illness leave as provided in this section but without limitation as to the number of days of that leave and without any requirement of a specified period of service. +(j) An employee who has been placed on a reemployment list, as provided in this section, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed. +This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060).","Existing law requires the governing board of a school district to provide by rules and regulations for industrial accident or illness leaves of absence for employees who are a part of the classified service and for all certificated employees. Existing law requires the governing board of a community college district to provide by rules and regulations for industrial accident or illness leaves of absence for employees who are part of the classified service and for all academic employees. Existing law requires an employee receiving benefits pursuant to these provisions to remain within California during periods of injury or illness, unless the governing board authorizes travel outside the state. +This bill would remove the travel restriction on an employee receiving these benefits.","An act to amend Sections 44984, 45192, 87787, and 88192 of the Education Code, relating to public education employees." +668,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The President’s New Freedom Commission on Mental Health (2003) reported that the use of behavioral restraint and seclusion poses significant risks for adults and children, including serious injury or death, retraumatizing people with a history of trauma or abuse, the loss of dignity, and other psychological harm. +(b) Although California currently requires the tracking and public reporting of the use of seclusion and restraint in state developmental centers and collects data regarding the use of restraint through the department’s special incident reporting system, the data concerning the use of restraint in community residential and other long-term care facilities and acute psychiatric hospitals serving individuals with developmental disabilities is not publicly reported. +(c) One of the best methods to achieve the goal of a reduction in the use of restraint is to ensure consistent data collection and analysis and public access to this data. +(d) It is the intent of the Legislature in enacting this act to ensure that data regarding the use of restraint in community residential and other long-term care facilities and acute psychiatric hospitals is publicly available as a means of ensuring quality services to individuals with developmental disabilities and a reduction in the use of restraint. +SEC. 2. +Section 4436.5 is added to the Welfare and Institutions Code, to read: +4436.5. +(a) For the purposes of this section, the following definitions apply: +(1) “Physical restraint” means any behavioral or mechanical restraint as defined in Section 1180.1 of the Health and Safety Code. +(2) “Chemical restraint” means a drug that is used to control behavior and that is used in a manner not required to treat the patient’s medical conditions. +(3) “Long-term health care facility” means a facility, as defined in Section 1418 of the Health and Safety Code, that is required to report to a regional center pursuant to Section 54327 of Title 17 of the California Code of Regulations. +(4) “Acute psychiatric hospital” means a facility, as defined in subdivision (b) of Section 1250 of the Health and Safety Code, including an institution for mental disease, that is a regional center vendor. +(5) “Regional center vendor” means an agency, individual, or service provider that a regional center has approved to provide vendored or contracted services or supports pursuant to paragraph (3) of subdivision (a) of Section 4648. +(b) The department shall ensure the consistent, timely, and public reporting of data it receives from regional centers pursuant to Section 54327 of Title 17 of the California Code of Regulations regarding the use of physical restraint, chemical restraint, or both, by all regional center vendors who provide residential services or supported living services pursuant to Section 4689, and by long-term health care facilities and acute psychiatric hospitals serving individuals with developmental disabilities. +(c) The department shall publish quarterly on its Internet Web site the following data, segregated by individual regional center vendor that provides residential services or supported living services and each individual long-term health care facility and acute psychiatric hospital that serves persons with developmental disabilities: +(1) The number of incidents of physical restraint. +(2) The number of incidents of chemical restraint. +SEC. 3. +Section 4659.2 is added to the Welfare and Institutions Code, to read: +4659.2. +(a) For the purposes of this section, the following definitions apply: +(1) “Physical restraint” means any behavioral or mechanical restraint, as defined in Section 1180.1 of the Health and Safety Code. +(2) “Chemical restraint” means a drug that is used to control behavior and that is used in a manner not required to treat the patient’s medical conditions. +(3) “Seclusion” means involuntary confinement of a person alone in a room or an area as defined in subdivision (e) of Section 1180.1 of the Health and Safety Code. +(4) “Long-term health care facility” means a facility, as defined in Section 1418 of the Health and Safety Code, that is required to report to a regional center pursuant to Section 54327 of Title 17 of the California Code of Regulations. +(5) “Acute psychiatric hospital” means a facility, as defined in subdivision (b) of Section 1250 of the Health and Safety Code, including an institution for mental disease, that is a regional center vendor. +(6) “Regional center vendor” means an agency, individual, or service provider that a regional center has approved to provide vendored or contracted services or supports pursuant to paragraph (3) of subdivision (a) of Section 4648. +(b) All regional center vendors that provide residential services or supported living services, long-term health care facilities, and acute psychiatric hospitals shall report each death or serious injury of a person occurring during, or related to, the use of seclusion, physical restraint, or chemical restraint, or any combination thereof, to the agency designated pursuant to subdivision (i) of Section 4900 no later than the close of the business day following the death or serious injury. The report shall include the encrypted identifier of the person involved, and the name, street address, and telephone number of the facility.","Existing law requires the Secretary of California Health and Human Services to develop technical assistance and training programs to support the efforts of community care facilities, group homes, skilled nursing facilities, intermediate care facilities, and mental health rehabilitation centers, among others, to reduce or eliminate the use of seclusion and behavioral restraints in these facilities. Existing law requires specified entities within the California Health and Human Services Agency to take steps to establish a system of mandatory, consistent, timely, and publicly accessible data collection regarding the use of seclusion and behavioral restraints in state hospitals operated by the State Department of State Hospitals, facilities operated by the State Department of Developmental Services, and other specified facilities that utilize seclusion or behavioral restraints. +Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services contracts with regional centers to provide services and supports to individuals with developmental disabilities. Existing law requires all vendors and long-term health care facilities, as defined, to report special incidents to a regional center, including, among other things, incidents of physical and chemical restraint. Existing law requires a regional center that receives information from a special incident report regarding the use of physical or chemical restraint, to report that information to the department, as specified. +This bill would require the department to ensure the consistent, timely, and public reporting of data it receives from regional centers and other specified facilities regarding the use of physical or chemical restraint and to publish that information on its Internet Web site. +This bill would also require regional center vendors that provide residential services or supported living services, long-term health care facilities, as defined, and acute psychiatric hospitals, as defined, to report each death or serious injury of a person occurring during, or related to, the use of seclusion, physical restraint, or chemical restraint, as specified. +This bill would make related findings and declarations.","An act to add Sections 4436.5 and 4659.2 to the Welfare and Institutions Code, relating to seclusion and restraint." +669,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7519.1 is added to the Business and Professions Code, immediately following Section 7519, to read: +7519.1. +(a) The Governor shall appoint a Private Investigator Disciplinary Review Committee, and may remove any member of the committee for misconduct, incompetency, or neglect of duty. +(b) The committee shall consist of three members actively engaged in the business of a licensed private investigator and two public members. The public members shall not be licensees or registrants, or engage in any business or profession in which any part of the fees, compensation, or revenue thereof, is derived from any licensee. +(c) The committee shall meet every 60 days or more or less frequently as may be required. The members shall be paid per diem pursuant to Section 103 and shall be reimbursed for actual travel expenses. The members shall be appointed for a term of four years. +(d) This section shall become operative on July 1, 2017. +SEC. 2. +Section 7519.2 is added to the Business and Professions Code, to read: +7519.2. +(a) The Private Investigator Disciplinary Review Committee shall perform the following functions: +(1) Affirm, rescind, or modify all decisions concerning administrative fines assessed by the bureau against private investigators that are appealed to the committee. +(2) Affirm, rescind, or modify all decisions concerning denial, suspension, or revocation of licenses or permits issued by the bureau, except denials, suspensions, or revocations ordered by the director in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code that are appealed to the committee. +(b) The committee may grant a probationary license with respect to the appealed decisions described in subdivision (a). +(c) This section shall become operative on July 1, 2017. +SEC. 3. +Section 7519.3 is added to the Business and Professions Code, to read: +7519.3. +(a) (1) A person licensed with the department under this chapter may appeal the assessment of an administrative fine to the Private Investigator Disciplinary Review Committee. A person denied, suspended of, or revoked of a license under this chapter may appeal to the committee, unless the denial, suspension, or revocation of the license is ordered by the director in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. +(2) A request for an appeal to the committee shall be made in a written notice to the department within 30 days of the assessment of an administrative fine or denial, suspension, or revocation of a license. +(3) Following review by the committee of the appeal, the appellant shall be notified in writing, by regular mail, within 30 days of the committee’s decision on the appeal. +(4) If the appellant disagrees with the decision made by the committee, the appellant may request a hearing as described in subdivision (b). A request for a hearing following a decision by the committee shall be made by written notice to the department within 30 days following notice of the committee’s decision. +(5) If the appellant does not request a hearing within those 30 days, the committee’s decision shall become final. +(b) (1) A person licensed with the department under this chapter may request a hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code if he or she contests an assessment of an administrative fine, or to appeal a denial, suspension, or revocation of a license. A hearing may also be requested, if the appellant disagrees with the decision made by the committee. +(2) A request for a hearing shall be made by written notice to the department within 30 days following the issuance of the decision by the committee. A hearing pursuant to this subdivision shall be available only after a review by the committee. +(c) This section shall become operative on July 1, 2017. +SEC. 4. +Section 7519.4 is added to the Business and Professions Code, to read: +7519.4. +(a) The Private Investigator Disciplinary Review Committee shall be provided all evidence used by the bureau in reaching its decision prior to hearing an appeal. +(b) This section shall become operative on July 1, 2017. +SEC. 5. +Section 7525.1 of the Business and Professions Code, as amended by Section 4 of Chapter 669 of the Statutes of 2014, is amended to read: +7525.1. +An application shall be verified and shall include: +(a) The full name and business address of the applicant. +(b) The name under which the applicant intends to do business. +(c) A statement as to the general nature of the business in which the applicant intends to engage. +(d) A verified statement of his or her experience qualifications. +(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, an officer of a corporation designated in subdivision (h), or a managing member of a limited liability company designated in subdivision (i), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury. +(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology. +(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury. +(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person, under penalty of perjury, under penalty of perjury by all of the partners and the qualified manager, or by all of the partners or the qualified manager. +(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury. +(i) If the applicant for a license is a limited liability company, the application shall state the true name and complete residence address of each managing member and any other officer or member who will be active in the business to be licensed. A copy of the most recent articles of organization, as filed by the Secretary of State, shall be supplied to the bureau upon request. The application shall also state the name and residence address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized member of the applicant under penalty of perjury. +(j) Any other information, evidence, statements, or documents as may be required by the director. +(k) At the discretion of the applicant, a valid email address. +(l) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. +SEC. 6. +Section 7525.1 of the Business and Professions Code, as added by Section 5 of Chapter 669 of the Statutes of 2014, is amended to read: +7525.1. +An application shall be verified and shall include: +(a) The full name and business address of the applicant. +(b) The name under which the applicant intends to do business. +(c) A statement as to the general nature of the business in which the applicant intends to engage. +(d) A verified statement of his or her experience qualifications. +(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, or an officer of a corporation designated in subdivision (h), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury. +(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology. +(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury. +(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed under penalty of perjury by that person, by all of the partners and the qualified manager, or by all of the partners or the qualified manager. +(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury. +(i) Any other information, evidence, statements, or documents as may be required by the director. +(j) At the discretion of the applicant, a valid email address. +(k) This section shall become operative on January 1, 2018. +SEC. 7. +Section 7541 of the Business and Professions Code is amended to read: +7541. +Except as otherwise provided by this section, an applicant, or his or her manager, for a license as a private investigator shall have had at least three years’ experience in investigation work. +A year’s experience shall consist of not less than 2,000 hours of actual compensated work performed by each applicant preceding the filing of an application. +An applicant who holds a law degree or who has completed a four-year course in police science, criminal justice, criminal law, or the equivalent thereof shall be required to have had two years’ experience in investigation work. +An applicant shall substantiate the claimed years of qualifying experience and the exact details as to the character and nature thereof by written certifications from the employer or qualified manager, subject to independent verification by the director as he or she may determine. +Notwithstanding any other law, only an employer, qualified manager, or his or her designated agent may certify experience for purposes of this section. For purposes of this section, the term “employer” shall mean only those persons, corporations, partnerships, proprietorships, or other associations which, in the employ of the designated individual, regularly and routinely withheld income taxes and other payroll deductions for direct forwarding to governmental taxing authorities. For the purposes of this section, the term “qualified manager” shall mean only a manager who has qualified pursuant to Section 7536 and who has directly overseen the work and experience of the applicant. +An employer who is a licensee or qualified manager shall respond in writing within 30 days to an applicant’s written request for certifications of the applicant’s work experience as an employee and either provide the certifications or the reasons for denial. If the applicant notifies the director in writing, under penalty of perjury, that the applicant is unable to obtain the required written response from a licensee or provides the licensee’s written denial and states, under penalty of perjury, that the licensee’s reasons for denial are invalid or insufficient and the director concurs, the director may require the licensee to provide the bureau with all relevant employment records maintained pursuant to Section 7531.5 regarding the applicant for evaluation in substantiating the applicant’s employment experience. +SEC. 8. +Section 7541.1 of the Business and Professions Code is amended to read: +7541.1. +(a) Notwithstanding any other law, experience for purposes of taking the examination for licensure as a private investigator shall be limited to those activities actually performed in connection with investigations, as defined in Section 7521, and only if those activities are performed by persons who are employed or managed in the following capacities: +(1) Sworn law enforcement officers possessing powers of arrest and employed by agencies in the federal, state, or local government. +(2) Military police of the armed forces of the United States or the National Guard. +(3) An insurance adjuster or their employees subject to Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code. +(4) Persons employed by a private investigator who are duly licensed in accordance with this chapter, or managed by a qualified manager in accordance with Section 7536. +(5) Persons employed by repossessors duly licensed in accordance with Chapter 11 (commencing with Section 7500), only to the extent that those persons are routinely and regularly engaged in the location of debtors or the location of personal property utilizing methods commonly known as “skip tracing.” For purposes of this section, only that experience acquired in that skip tracing shall be credited toward qualification to take the examination. +(6) Persons duly trained and certified as an arson investigator and employed by a public agency engaged in fire suppression. +(7) Persons trained as investigators and employed by a public defender to conduct investigations. +(b) For purposes of Section 7541, persons possessing an associate of arts degree in police science, criminal law or justice from an accredited college shall be credited with 1,000 hours of experience in investigative activities. +(c) The following activities shall not be deemed to constitute acts of investigation for purposes of experience toward licensure: +(1) The serving of legal process or other documents. +(2) Activities relating to the search for heirs or similar searches which involve only a search of public records or other reference sources in the public domain. +(3) The transportation or custodial attendance of persons in the physical custody of a law enforcement agency. +(4) The provision of bailiff or other security services to a court of law. +(5) The collection or attempted collection of debts by telephone or written solicitation after the debtor has been located. +(6) The repossession or attempted repossession of personal property after that property has been located and identified. +(d) Where the activities of employment of an applicant include those which qualify as bona fide experience as stated in this section as well as those which do not qualify, the director may, by delegation to the bureau, determine and apportion that percentage of experience for which any applicant is entitled to credit.","The Private Investigator Act provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services within the Department of Consumer Affairs and requires the Director of Consumer Affairs to administer and enforce the act. The act authorizes the director to deny, suspend, or revoke a license if the director determines, among other things, that any provision of the act was violated by the licensee. The act also authorizes the director to impose a civil penalty of no greater than $500 instead of suspending or revoking a license issued under the act for the violation of specified provisions if the director determines that the imposition of the civil penalty better serves the purposes of the act. The act requires an application for a license to be verified and include certain information, including, but not limited to, the full name and business address of the applicant. +This bill would require the Governor to appoint a Private Investigator Disciplinary Review Committee, and would authorize the Governor to remove any member of the committee for misconduct, incompetency, or neglect of duty. The bill would require the committee to consist of 3 members actively engaged in the business of a licensed private investigator and 2 public members and would require members to be appointed for a term of 4 years. The bill would require the committee to meet every 60 days or more or less frequently as may be required, and would require that the members be paid per diem and be reimbursed for actual travel expenses. The bill would require the committee to perform certain functions, including affirming, rescinding, or modifying decisions concerning administrative fines or the denial, suspension, or revocation of licenses that are appealed to the committee, as specified. The bill would authorize the committee to grant a probationary license with respect to appealed decisions, as specified. The bill would authorize a person licensed under the act to appeal the assessment of an administrative fine to the committee, and would authorize a person denied, suspended of, or revoked of a license to appeal to the committee, except as specified, if the appeal is in writing and made within 30 days of the assessment of the fine or denial, suspension, or revocation of the license. The bill would require the committee to notify the appellant in writing, by regular mail, of the committee’s decision within 30 days of that decision. The bill would also authorize the appellant to request a hearing, as specified, if, among other things, the appellant disagrees with the committee’s decision regarding the appeal. The bill would require that all evidence used by the bureau be provided to the committee prior to hearing an appeal. The bill would make the above provisions operative on July 1, 2017. +This bill would also authorize an applicant to, at his or her discretion, include a valid email address on the application. +Existing law requires an applicant, or his or her manager, for a license as a private investigator to have had at least 3 years’ experience in investigation work. Existing law requires an applicant to substantiate the claimed years of qualifying experience and the exact details as to the character and nature thereof by written certifications from the employer, subject to independent verification by the Director of Consumer Affairs as he or she may determine. Under existing law, the business of each licensee is required to be operated under the active direction, control, charge, or management, in this state, of the licensee, if he or she is qualified, or the person who is qualified to act as the licensee’s manager, if the licensee is not qualified. Existing law prohibits a person from acting as a qualified manager of a licensee until he or she has complied with certain requirements. +This bill would additionally authorize that written certification to be from a qualified manager, as specified. +Existing law requires experience for purposes of taking the examination for licensure as a private investigator to be limited to those activities actually performed in connection with investigations, as defined, and only if those activities are performed by persons who are employed in certain specified capacities. +This bill would additionally authorize such activities to be performed by persons who are managed, as specified, in those capacities.","An act to amend Sections 7525.1, 7541, and 7541.1 of, and to add Sections 7519.1, 7519.2, 7519.3, and 7519.4 to, the Business and Professions Code, relating to private investigators." +670,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3750 of the Business and Professions Code is amended to read: +3750. +The board may order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license issued under this chapter, for any of the following causes: +(a) Advertising in violation of Section 651 or Section 17500. +(b) Fraud in the procurement of any license under this chapter. +(c) Employing an unlicensed person who presents herself or himself as a licensed respiratory care practitioner when the employer knew or should have known the person was not licensed. +(d) Conviction of a crime that substantially relates to the qualifications, functions, or duties of a respiratory care practitioner. The record of conviction or a certified copy thereof shall be conclusive evidence of the conviction. +(e) Impersonating or acting as a proxy for an applicant in any examination given under this chapter. +(f) Negligence in his or her practice as a respiratory care practitioner. +(g) Conviction of a violation of this chapter or of Division 2 (commencing with Section 500), or violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate this chapter or Division 2 (commencing with Section 500). +(h) The aiding or abetting of any person to violate this chapter or any regulations duly adopted under this chapter. +(i) The aiding or abetting of any person to engage in the unlawful practice of respiratory care. +(j) The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, or duties of a respiratory care practitioner. +(k) Falsifying, or making grossly incorrect, grossly inconsistent, or unintelligible entries in any patient, hospital, or other record. +(l) Changing the prescription of a physician and surgeon, or falsifying verbal or written orders for treatment or a diagnostic regime received, whether or not that action resulted in actual patient harm. +(m) Denial, suspension, or revocation of any license to practice by another agency, state, or territory of the United States for any act or omission that would constitute grounds for the denial, suspension, or revocation of a license in this state. +(n) (1) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of bloodborne infectious diseases from licensee to patient, from patient to patient, and from patient to licensee. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, regulations, and guidelines pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other bloodborne pathogens in health care settings. As necessary, the board shall consult with the California Medical Board, the Board of Podiatric Medicine, the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision. +(2) The board shall seek to ensure that licensees are informed of the responsibility of licensees and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of bloodborne infectious diseases. +(o) Incompetence in his or her practice as a respiratory care practitioner. +(p) A pattern of substandard care or negligence in his or her practice as a respiratory care practitioner, or in any capacity as a health care worker, consultant, supervisor, manager or health facility owner, or as a party responsible for the care of another. +(q) Providing false statements or information on any form provided by B5D9""> +3755. +(a) The board may take action against a respiratory care practitioner who is charged with unprofessional conduct in administering, or attempting to administer, direct or indirect respiratory care in any care setting. Unprofessional conduct includes, but is not limited to, the following: +(1) Repeated acts of clearly administering directly or indirectly inappropriate respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques. +(2) Any act of administering unsafe respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques. +(3) Any act of abuse towards a patient. +(4) A violation of any provision of Section 3750. +(b) The board may determine unprofessional conduct involving any and all aspects of respiratory care performed by anyone licensed as a respiratory care practitioner. +(c) Any person who engages in repeated acts of unprofessional conduct shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for a term not to exceed six months, or by both that fine and imprisonment. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Under the Respiratory Care Practice Act, the Respiratory Care Board of California licenses and regulates the practice of respiratory care and therapy. The act authorizes the board to order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license issued under the act, for any of specified causes. A violation of the act is a crime. +This bill would include among those causes for discipline the employment of an unlicensed person who presents herself or himself as a licensed respiratory care practitioner when the employer should have known the person was not licensed. The bill would also include among those causes for discipline the provision of false statements or information on any form provided by the board or to any person representing the board during an investigation, probation monitoring compliance check, or any other enforcement-related action when the individual knew or should have known the statements or information was false. +The bill would provide that the expiration, cancellation, forfeiture, or suspension of a license, practice privilege, or other authority to practice respiratory care, the placement of a license on a retired status, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to commence or proceed with any investigation of, or action or disciplinary proceeding against, the licensee, or to render a decision to suspend or revoke the license. +(2) Under the act the board may take action against a respiratory care practitioner who is charged with unprofessional conduct which includes, but is not limited to, repeated acts of clearly administering directly or indirectly inappropriate or unsafe respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques, and violation of any provision for which the board may order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license. The act provides that engaging in repeated acts of unprofessional conduct is a crime. +This bill would expand the definition of unprofessional conduct to include any act of abuse towards a patient and any act of administering unsafe respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques. Because this bill would change the definition of a crime, it would impose a state-mandated local program. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 3750 and 3755 of, and to add Section 3754.8 to, the Business and Professions Code, relating to healing arts." +671,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 1 (commencing with Section 18701) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: +Article 1. State Children’s Trust Fund +18701. +(a) An individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the State Children’s Trust Fund established by Section 18969 of the Welfare and Institutions Code. +(b) The contributions shall be in full dollar amounts and may be made individually by each signatory on a joint return. +(c) A designation under subdivision (a) shall be made for a taxable year on the original return for that taxable year, and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made. +(d) If an individual designates a contribution to more than one account or fund listed on the tax return, and the amount available is insufficient to satisfy the total amount designated, the contribution shall be allocated among the designees on a pro rata basis. +(e) The Franchise Tax Board shall revise the form of the return to include a space labeled “State Children’s Trust Fund for the Prevention of Child Abuse” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to support child abuse prevention programs with demonstrated success, public education efforts to change adult behaviors and educate parents, innovative research to identify best practices, and the replication of those practices to prevent child abuse and neglect. +(f) Notwithstanding any other law, a voluntary contribution designation for the State Children’s Trust Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available, whichever occurs first. +(g) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for a contribution made pursuant to subdivision (a). +18702. +The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18701 to be transferred to the State Children’s Trust Fund, as established by Section 18969 of the Welfare and Institutions Code. The Controller shall transfer from the Personal Income Tax Fund to the State Children’s Trust Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18701 for payment into that fund. +18703. +All money transferred to the State Children’s Trust Fund pursuant to this article, upon appropriation by the Legislature, shall be allocated as follows: +(a) To the Franchise Tax Board and the Controller for reimbursement of all costs incurred by the Franchise Tax Board and the Controller in connection with their duties under this article. +(b) Up to 10 percent of all moneys appropriated pursuant to this article, to the State Department of Social Services to pursue public education about child abuse and neglect prevention and early intervention in order to encourage voluntary contributions to the State Children’s Trust Fund. The State Department of Social Services may delegate these duties by entering into a contract with a designated private entity that has demonstrated experience in education and promotion. +(c) The remainder to the State Department of Social Services for innovative child abuse and neglect prevention and intervention programs operated by private nonprofit organizations or public institutions of higher education with recognized expertise in fields related to child welfare and for evaluation, research, or dissemination of information concerning existing program models for the purpose of replication of successful models as specified in Article 5 (commencing with Section 18965) of Chapter 11 of Part 6 of Division 9 of the Welfare and Institutions Code. +18704. +It is the intent of the Legislature that this article creates an additional source of funding for a specified purpose. The funds generated by this article shall not be used in place of funds from other sources that are available to the State Children’s Trust Fund. +18705. +(a) Except as otherwise provided in paragraph (2) of subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the State Children’s Trust Fund on the personal income tax return, and is repealed as of December 1 of that year. +(b) (1) By September 1 of the second calendar year and each subsequent calendar year that the State Children’s Trust Fund appears on the tax return, the Franchise Tax Board shall do all of the following: +(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. +(B) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. +(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article is inoperative with respect to taxable years beginning on or after January 1 of that calendar year, and shall be repealed on December 1 of that calendar year. +(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the State Children’s Trust Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c). +(c) For each calendar year, beginning with the third calendar year after the first appearance of the State Children’s Trust Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows: +(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. +(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041. +(d) Notwithstanding the repeal of this article, any contribution amounts designated pursuant to this article prior to its repeal shall continue to be transferred and disbursed in accordance with this article as in effect immediately prior to that repeal. +SEC. 2. +Section 18969 of the Welfare and Institutions Code is amended to read: +18969. +(a) There is hereby created in the State Treasury a fund which shall be known as the State Children’s Trust Fund. The fund shall consist of funds received from a county pursuant to Section 18968, funds collected by the state and transferred to the fund pursuant to subdivision (b) of Section 103625 of the Health and Safety Code and Article 1 (commencing with Section 18701) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, grants, gifts, or bequests made to the state from private sources to be used for innovative and distinctive child abuse and neglect prevention and intervention projects, and money appropriated to the fund for this purpose by the Legislature. The State Registrar may retain a percentage of the fees collected pursuant to Section 103625 of the Health and Safety Code, not to exceed 10 percent, in order to defray the costs of collection. +(b) Money in the State Children’s Trust Fund, upon appropriation by the Legislature, shall be allocated to the State Department of Social Services for the purpose of funding child abuse and neglect prevention and intervention programs. The department may not supplant any federal, state, or county funds with any funds made available through the State Children’s Trust Fund. +(c) The department may establish positions as needed for the purpose of implementing and administering child abuse and neglect prevention and intervention programs that are funded by the State Children’s Trust Fund. However, the department shall use no more than 5 percent of the funds appropriated pursuant to this section, exclusive of the funds transferred to the State Children’s Trust Fund pursuant to Article 1 (commencing with Section 18701) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, for administrative costs. Administrative costs do not include the moneys allocated to the department to pursue public education about child abuse and neglect prevention and early intervention as described in subdivision (b) of Section 18703 of the Revenue and Taxation Code. +(d) No State Children’s Trust Fund money shall be used to supplant state General Fund money for any purpose. +(e) It is the intent of the Legislature that the State Children’s Trust Fund provide for all of the following: +(1) The development of a public-private partnership by encouraging consistent outreach to the private foundation and corporate community. +(2) Funds for large-scale dissemination of information that will promote public awareness regarding the nature and incidence of child abuse and the availability of services for intervention. These public awareness activities shall include, but not be limited to, the production of public service announcements, well-designed posters, pamphlets, booklets, videos, and other media tools. +(3) Research and demonstration projects that explore the nature and incidence and the development of long-term solutions to the problem of child abuse. +(4) The development of a mechanism to provide ongoing public awareness through activities that will promote the charitable tax deduction for the trust fund and seek continued contributions. These activities may include convening a philanthropic roundtable, developing literature for use by the State Bar of California for dissemination, and whatever other activities are deemed necessary and appropriate to promote the trust fund.","Existing law allows individual taxpayers to contribute amounts in excess of their personal tax liability for the support of specified funds or accounts and previously allowed contributions to the State Children’s Trust Fund, which provides funding for child abuse and neglect prevention and intervention programs. +This bill, for taxable years beginning on or after January 1, 2015, would allow individual taxpayers to contribute amounts in excess of their tax liability to the State Children’s Trust Fund. The bill would prohibit a voluntary contribution designation for this fund from being added on the form of the tax return until another designation is removed or space is available, whichever occurs first. +This bill would require moneys in the State Children’s Trust Fund from the voluntary contributions, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller for reimbursement of costs, as provided, and the balance to the State Department of Social Services for specified uses related to the prevention of child abuse and neglect, as provided. +This bill would provide that these voluntary contribution provisions are inoperative and repealed on the earlier of the following: inoperative on January 1 of the 5th taxable year following the first appearance of the fund on the tax return and repealed on December 1 of that year or inoperative for taxable years beginning on or after January 1 of a specified calendar year in which the Franchise Tax Board estimates by September 1 that the contributions made on returns filed in that calendar year will be less than $250,000, or an adjusted amount for subsequent taxable years, and repealed on December 1 of that calendar year.","An act to add and repeal Article 1 (commencing with Section 18701) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, and to amend Section 18969 of the Welfare and Institutions Code, relating to taxation." +672,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 638.50 is added to the Penal Code, to read: +638.50. +For purposes of this chapter, the following terms have the following meanings: +(a) “Wire communication” and “electronic communication” have the meanings set forth in subdivision (a) of Section 629.51. +(b) “Pen register” means a device or process that records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, but not the contents of a communication. “Pen register” does not include a device or process used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider, or a device or process used by a provider or customer of a wire communication service for cost accounting or other similar purposes in the ordinary course of its business. +(c) “Trap and trace device” means a device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing, or signaling information reasonably likely to identify the source of a wire or electronic communication, but not the contents of a communication. +SEC. 2. +Section 638.51 is added to the Penal Code, to read: +638.51. +(a) Except as provided in subdivision (b), a person may not install or use a pen register or a trap and trace device without first obtaining a court order pursuant to Section 638.52 or 638.53. +(b) A provider of electronic or wire communication service may use a pen register or a trap and trace device for any of the following purposes: +(1) To operate, maintain, and test a wire or electronic communication service. +(2) To protect the rights or property of the provider. +(3) To protect users of the service from abuse of service or unlawful use of service. +(4) To record the fact that a wire or electronic communication was initiated or completed to protect the provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful, or abusive use of service. +(5) If the consent of the user of that service has been obtained. +(c) A violation of this section is punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment. +(d) A good faith reliance on an order issued pursuant to Section 638.52, or an authorization made pursuant to Section 638.53, is a complete defense to a civil or criminal action brought under this section or under this chapter. +SEC. 3. +Section 638.52 is added to the Penal Code, to read: +638.52. +(a) A peace officer may make an application to a magistrate for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and trace device. The application shall be in writing under oath or equivalent affirmation, and shall include the identity of the peace officer making the application and the identity of the law enforcement agency conducting the investigation. The applicant shall certify that the information likely to be obtained is relevant to an ongoing criminal investigation and shall include a statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates. +(b) The magistrate shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device if he or she finds that the information likely to be obtained by the installation and use of a pen register or a trap and trace device is relevant to an ongoing investigation and that there is probable cause to believe that the pen register or trap and trace device will lead to any of the following: +(1) Recovery of stolen or embezzled property. +(2) Property or things used as the means of committing a felony. +(3) Property or things in the possession of a person with the intent to use them as a means of committing a public offense, or in the possession of another to whom he or she may have delivered them for the purpose of concealing them or preventing them from being discovered. +(4) Evidence that tends to show a felony has been committed, or tends to show that a particular person has committed or is committing a felony. +(5) Evidence that tends to show that sexual exploitation of a child, in violation of Section 311.3, or possession of matter depicting sexual conduct of a person under 18 years of age, in violation of Section 311.11, has occurred or is occurring. +(6) The location of a person who is unlawfully restrained or reasonably believed to be a witness in a criminal investigation or for whose arrest there is probable cause. +(7) Evidence that tends to show a violation of Section 3700.5 of the Labor Code, or tends to show that a particular person has violated Section 3700.5 of the Labor Code. +(8) Evidence that does any of the following: +(A) Tends to show that a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code, has been committed or is being committed. +(B) Tends to show that a particular person has committed or is committing a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code. +(C) Will assist in locating an individual who has committed or is committing a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code. +(c) Information acquired solely pursuant to the authority for a pen register or a trap and trace device shall not include any information that may disclose the physical location of the subscriber, except to the extent that the location may be determined from the telephone number. Upon the request of the person seeking the pen register or trap and trace device, the magistrate may seal portions of the application pursuant to People v. Hobbs (1994) 7 Cal.4th 948, and Sections 1040, 1041, and 1042 of the Evidence Code. +(d) An order issued pursuant to subdivision (b) shall specify all of the following: +(1) The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached. +(2) The identity, if known, of the person who is the subject of the criminal investigation. +(3) The number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order. +(4) A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates. +(5) The order shall direct, if the applicant has requested, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device. +(e) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 60 days. +(f) Extensions of the original order may be granted upon a new application for an order under subdivisions (a) and (b) if the officer shows that there is a continued probable cause that the information or items sought under this subdivision are likely to be obtained under the extension. The period of an extension shall not exceed 60 days. +(g) An order or extension order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that the order be sealed until otherwise ordered by the magistrate who issued the order, or a judge of the superior court, and that the person owning or leasing the line to which the pen register or trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or to any other person, unless or until otherwise ordered by the magistrate or a judge of the superior court, or for compliance with Sections 1054.1 and 1054.7. +(h) Upon the presentation of an order, entered under subdivisions (b) or (f), by a peace officer authorized to install and use a pen register, a provider of wire or electronic communication service, landlord, custodian, or other person shall immediately provide the peace officer all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services provided to the party with respect to whom the installation and use is to take place, if the assistance is directed by the order. +(i) Upon the request of a peace officer authorized to receive the results of a trap and trace device, a provider of a wire or electronic communication service, landlord, custodian, or other person shall immediately install the device on the appropriate line and provide the peace officer all information, facilities, and technical assistance, including installation and operation of the device unobtrusively and with a minimum of interference with the services provided to the party with respect to whom the installation and use is to take place, if the installation and assistance is directed by the order. +(j) Unless otherwise ordered by the magistrate, the results of the pen register or trap and trace device shall be provided to the peace officer at reasonable intervals during regular business hours for the duration of the order. +(k) The magistrate, before issuing the order pursuant to subdivision (b), may examine on oath the person seeking the pen register or the trap and trace device, and any witnesses the person may produce, and shall take his or her affidavit or their affidavits in writing, and cause the affidavit or affidavits to be subscribed by the parties making them. +SEC. 4. +Section 638.53 is added to the Penal Code, to read: +638.53. +(a) Except as otherwise provided in this chapter, upon an oral application by a peace officer, a magistrate may grant oral approval for the installation and use of a pen register or a trap and trace device, without an order, if he or she determines all of the following: +(1) There are grounds upon which an order could be issued under Section 638.52. +(2) There is probable cause to believe that an emergency situation exists with respect to the investigation of a crime. +(3) There is probable cause to believe that a substantial danger to life or limb exists justifying the authorization for immediate installation and use of a pen register or a trap and trace device before an order authorizing the installation and use can, with due diligence, be submitted and acted upon. +(b) (1) By midnight of the second full court day after the pen register or trap and trace device is installed, a written application pursuant to Section 638.52 shall be submitted by the peace officer who made the oral application to the magistrate who orally approved the installation and use of a pen register or trap and trace device. If an order is issued pursuant to Section 638.52, the order shall also recite the time of the oral approval under subdivision (a) and shall be retroactive to the time of the original oral approval. +(2) In the absence of an authorizing order pursuant to paragraph (1), the use shall immediately terminate when the information sought is obtained, when the application for the order is denied, or by midnight of the second full court day after the pen register or trap and trace device is installed, whichever is earlier. +(c) A provider of a wire or electronic communication service, landlord, custodian, or other person who provides facilities or technical assistance pursuant to this section shall be reasonably compensated by the requesting peace officer’s law enforcement agency for the reasonable expenses incurred in providing the facilities and assistance. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes the Attorney General or a district attorney to make a written application to a judge of a superior court for an order permitting the interception of wire communication and electronic communication, as defined. Existing law permits an application to be made informally and granted orally if an emergency situation exists, and other factors are present. Existing law conditions the granting of an oral approval on the filing of a written application by midnight of the second full court day after the oral approval is made. Existing law prohibits a communication interception from lasting for longer than 30 days. Existing law permits an extension of the original order, not to exceed 30 days, upon a showing that there is continued probable cause that the information sought is likely to be obtained under the extension. +This bill would prohibit a person, other than a provider of electronic or wire communication service for specified purposes, from installing or using a pen register or a trap and trace device, as defined. The bill would authorize a peace officer to make a written application to a magistrate for an order permitting the installation and use of a pen register or a trap and trace device. The bill would require the magistrate to enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device only in specified circumstances and would permit the magistrate to question the peace officer pertaining to the need for the information. The bill would also permit an application to be made informally and granted orally if an emergency situation exists, and other factors are present. The bill would condition the grant of an oral approval on the filing of a written application by midnight of the second full court day after the pen register or trap and trace device is installed. The bill would prohibit the installation and use of a pen register or trap and trace device for longer than 60 days. The bill would permit an extension of the original order, not to exceed 60 days, upon a showing that there is continued probable cause that the information sought is likely to be obtained under the extension. The bill would clarify that any location information obtained by a pen register or a track and trace device is limited to the information that can be determined from the telephone number. +The bill would make the prohibited installation or use of a pen register or a trap and trace device punishable by a fine not exceeding $2,500, or by imprisonment in the county jail not exceeding 1 year, or by imprisonment in state prison for offenders with specified prior convictions, or by both that fine and imprisonment. By creating a new crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Sections 638.50, 638.51, 638.52, and 638.53 to the Penal Code, relating to privacy." +673,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares as follows: +(a) On December 4, 2015, Congress passed, and the President signed into law, the Fixing America’s Surface Transportation (FAST) Act (Public Law 114-94). +(b) The FAST Act provides long-term funding certainty for surface transportation and requires the National Highway Traffic Safety Administration (NHTSA) to award certain grants pursuant to rulemaking. +(c) The FAST Act includes grant programs for states that meet requirements associated with impaired driving interventions, including 24/7 Sobriety programs. These programs typically approach impaired driving deterrence by focusing on the most high-risk offendogram pursuant to Sections 402 and 405 of Title 23 of the United States Code. +(f) It is the intent of the Legislature in enacting this act to authorize a statewide 24/7 Sobriety program so that California is eligible for the new 24/7 FAST Act grant funding and additional funding available through NHTSA. +SEC. 2. +Section 23582.5 is added to the Vehicle Code, to read: +23582.5. +(a) The court may order a person convicted of a violation of Section 23152 or 23153 to enroll and participate in, and successfully complete, a qualified 24/7 Sobriety program, as described in subdivision (d), as a condition of probation, parole, sentence, or work permit if the program is available and deemed appropriate, and the person committed the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction. +(b) The court may require a person who has been arrested for a violation of Section 23152 or 23153 to enroll and participate in, and successfully complete, a qualified 24/7 Sobriety program, as described in subdivision (d), as a condition of release on bond, if the program is available and deemed appropriate, and the person committed the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction. +(c) (1) A person whose driving privilege has been suspended or revoked pursuant to Section 13352 or 13353 and who subsequently applies to the department for a restricted driving privilege, shall be permitted to enroll and participate in, and successfully complete, a 24/7 Sobriety program as a condition of obtaining the restricted driving privilege if the program is available and deemed appropriate, and the person committed the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction. The restricted driving privilege granted under this subdivision may be conditioned on participation in the 24/7 Sobriety program as an alternative to, or in conjunction with, participation in an ignition interlock device program. +(2) Notwithstanding any other provision of this section, a person subject to this subdivision shall participate in the 24/7 Sobriety program for a minimum of one year. +(d) For purposes of this section, a “24/7 Sobriety program” requires a participant to abstain from alcohol or controlled substance use for a designated period of time and be subject to breath testing for alcohol or controlled substances at least twice per day at a testing location as the primary testing methodology, or by continuous transdermal monitoring device, or by an alternative method approved by NHTSA in the event of a hardship. Program violations shall be met with immediate but modest sanctions. The 24/7 Sobriety program methodology shall be evidence-based. “Evidence-based” means the program methodology meets at least two of the following criteria: +(1) Evaluation research shows that the program produces the expected positive results. +(2) The results can be attributed to the program itself, rather than to other extraneous factors or events. +(3) The evaluation is peer reviewed by experts in the field. +(4) The program is endorsed by a federal agency or respected research organization and included in its list of effective programs. +(e) A person ordered into a 24/7 Sobriety program may also be required to participate in any other driving-under-the-influence program required under California law, including, but not limited to, programs provided in Section 11836 of the Health and Safety Code. +(f) Testing locations and methods that provide the best ability to sanction a violation as close in time as reasonably feasible to the occurrence of the violation should be given preference. +(g) In order to enable all required defendants to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. +(h) The court shall not impose a program of more than 180 days in length unless the defendant tests positive for alcohol or an unauthorized controlled substance or fails to appear for a test. +(i) The Office of Traffic Safety shall include a description of the provisions authorizing the 24/7 Sobriety program pursuant to this section in its highway safety plan required to be submitted to the NHTSA under subsection (k) of Section 402 of Title 23 of the United States Code, including any application requirements necessary to qualify for grants under Section 405 of Title 23 of the United States Code. +(j) The department shall establish statewide uniform collection and reporting of all of the following data: +(1) Participant demographic information. +(2) Participant case history information. +(3) Testing information, including testing duration, test results, and testing attendance. +(4) Fees and fee payments. +SECTION 1. +Section 1808 of the +Vehicle Code +is amended to read: +1808. +(a)Except when a specific provision of law prohibits the disclosure of records or information or provides for confidentiality, all records of the department relating to the registration of vehicles, other information contained on an application for a driver’s license, abstracts of convictions, and abstracts of accident reports required to be sent to the department in Sacramento, except for abstracts of accidents when, in the opinion of a reporting officer, another individual was at fault, shall be open to public inspection during office hours. All abstracts of accident reports shall be available to law enforcement agencies and courts of competent jurisdiction. +(b)The department shall make available or disclose abstracts of convictions and abstracts of accident reports required to be sent to the department in Sacramento, as described in subdivision (a), if the date of the occurrence is not later than the following: +(1)Ten years for a violation pursuant to Section 23140, 23152, or 23153. +(2)Seven years for a violation designated as two points pursuant to Section 12810, except as provided in paragraph (1) of this subdivision. +(3)Three years for accidents and all other violations. +(c)The department shall make available or disclose suspensions and revocations of the driving privilege while the suspension or revocation is in effect and for three years following termination of the action or reinstatement of the privilege, except that driver’s license suspension actions taken pursuant to Sections 13202.6 and 13202.7, Section 17520 of the Family Code, or Section 256 of, or former Section 11350.6 of, the Welfare and Institutions Code shall be disclosed only during the actual time period in which the suspension is in effect. +(d)The department shall not make available or disclose a suspension or revocation that has been judicially set aside or stayed. +(e)The department shall not make available or disclose personal information about a person unless the disclosure is in compliance with the Driver’s Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721 et seq.). However, a disclosure is subject to the prohibition in paragraph (2) of subdivision (a) of Section 12800.5. +(f)The department shall make available or disclose to the courts and law enforcement agencies a conviction of Section 23103, as specified in Section 23103.5, or a conviction of Section 23140, 23152, or 23153, or Section 655 of the Harbors and Navigation Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code for a period of 10 years from the date of the offense for the purpose of imposing penalties mandated by this code, or by other applicable state law. +(g)The department shall make available or disclose to the courts and law enforcement agencies a conviction of Section 191.5, or subdivision (a) of Section 192.5 of the Penal Code, punished as a felony, for the purpose of imposing penalties mandated by Section 23550.5, or by other applicable state law. +(h)(1)Consent to the use of a person’s driver’s license number by the insurance agent or broker of an insurer, insurance licensee, employer, or prospective employer to obtain, transmit, or otherwise utilize the motor vehicle records of that person pursuant to this section shall be presumed if the person provides his or her driver’s license number, or the driver’s license number of any dependent, to an insurer, insurance licensee, employer, or prospective employer for the purpose of eligibility, underwriting, and rating of personal or commercial insurance coverage or eligibility for employment or continued employment involving the use of a motor vehicle. +(2)(A)The insurance agent or broker of the insurer, insurance licensee, employer, or prospective employer is authorized to transmit motor vehicle records for the purposes described in paragraph (1). An insurance agent or broker who has lawfully transmitted a record as authorized by this section is not responsible for the subsequent handling of that record by any recipient who is authorized to receive a record under this section. +(B)Prior to transmitting records pursuant to this paragraph to any insurer with whom the insurance broker or agent does not have a written agreement, or to a third party authorized by this paragraph to receive those records, the broker or agent shall obtain a written agreement from the insurer or other third party that the insurer or other third party shall handle those records in accordance with state and federal laws governing fair credit reporting and privacy.","Existing law prohibits a person who has 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle. Existing law also prohibits a person while having 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle and concurrently doing any act forbidden by law, or neglecting any duty imposed by law in driving the vehicle, when the act or neglect proximately causes bodily injury to a person other than the driver. A violation of either of these prohibitions is a crime. Existing law authorizes a court, in addition to imposing penalties and sanctions for those violations, to require the person to enroll and participate in, and successfully complete, a driving-under-the-influence program, which may include, among other things, education, group counseling, and individual interview sessions. +Existing law requires the Department of Motor Vehicles to immediately suspend a person’s privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law also requires the department to suspend or revoke the driving privilege of a person who refuses an officer’s request or fails to complete a chemical test or tests, as specified. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted driver’s license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the person’s vehicle. +This bill would authorize the court to order a person convicted of a crime described above to enroll and participate in, and successfully complete, a qualified “24/7 Sobriety program,” as defined, as a condition of probation, if the program is available and deemed appropriate, and the person committed the crime within 10 years of one or more separate crimes described above that resulted in a conviction. The bill also would authorize a court to order participation in a 24/7 Sobriety program as a condition of release on bond for a person who has been charged with a crime described above. The bill would permit a person whose driving privilege has been suspended or revoked for certain violations, and who subsequently applies to the department for a restricted driving privilege, to be permitted to participate in a 24/7 Sobriety program as a condition of obtaining the restricted driving privilege as an alternative to, or in conjunction with, participation in an ignition interlock device program. The bill would define a “24/7 Sobriety program,” in part, as requiring a person in the program to abstain from alcohol and unauthorized controlled substances and be subject to frequent testing for alcohol and controlled substances, as specified. The bill would require a person participating in the program to pay the program costs, commensurate with the person’s ability to pay, as specified. +Existing law provides that all records of the Department of Motor Vehicles relating to the registration of vehicles, other information contained on an application for a driver’s license, abstracts of convictions, and certain abstracts of accident reports are required to be open to public inspection during office hours, except when a specific provision of law prohibits the disclosure of records or information or provides for confidentiality. +This bill would provide that consent to the use of a person’s driver’s license number by the insurance agent or broker of an insurer, insurance licensee, employer, or prospective employer to obtain, transmit, or otherwise utilize the motor vehicle records of that person pursuant to the provision described above is presumed if the person provides his or her driver’s license number to an insurer, insurance licensee, employer, or prospective employer for the purpose of eligibility, underwriting, and rating of personal or commercial insurance coverage or eligibility for employment or continued employment involving the use of a motor vehicle. The bill would provide that the insurance agent or broker of the insurer, insurance licensee, employer, or prospective employer is authorized to transmit motor vehicle records for these purposes, as specified, and would specify that an insurance agent or broker who has lawfully transmitted a record as authorized under these provisions is not responsible for the subsequent handling of that record by any recipient who is authorized to receive the record under these provisions. The bill would also delete an obsolete cross-reference.","An act to +amend Section 1808 of +add Section 23582.5 to +the Vehicle Code, relating to vehicles." +674,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10722.4 of the Water Code is amended to read: +10722.4. +(a) Pursuant to Section 10933, for the purposes of this part the department shall categorize each basin as one of the following priorities: +(1) High priority. +(2) Medium priority. +(3) Low priority. +(4) Very low priority. +(b) The initial priority for each basin shall be established by the department pursuant to Section 10933 no later than January 31, 2015. +(c) Any time the department updates Bulletin 118 boundaries pursuant to subdivision (b) of Section 12924, the department shall reassess the prioritization pursuant to Section 10933. +(d) Any time the department changes the basin priorities pursuant to Section 10933, if a basin is elevated to a medium- or high-priority basin after January 31, 2015, a local agency, or combination of local agencies overlying a groundwater basin, shall have two years from the date of reprioritization to either establish a groundwater sustainability agency pursuant to Chapter 4 (commencing with Section 10723) and five years from the date of reprioritization to adopt a groundwater sustainability plan pursuant to Chapter 6 (commencing with Section 10727) or two years to satisfy the requirements of Section 10733.6. +SEC. 1.5. +Section 10722.4 of the Water Code is amended to read: +10722.4. +(a) Pursuant to Section 10933, for the purposes of this part the department shall categorize each basin as one of the following priorities: +(1) High priority. +(2) Medium priority. +(3) Low priority. +(4) Very low priority. +(b) The initial priority for each basin shall be established by the department pursuant to Section 10933 no later than January 31, 2015. +(c) Any time the department updates Bulletin 118 boundaries pursuant to subdivision (b) of Section 12924, the department shall reassess the prioritization pursuant to Section 10933. +(d) If the department changes priorities pursuant to Section 10933 to elevate a basin from a low- or very low priority basin to a medium- or high-priority basin after January 31, 2015, the agency formation and planning deadlines of this part shall be extended as follows: +(1) A local agency, or combination of local agencies overlying a groundwater basin, shall have two years from the date of reprioritization to either establish a groundwater sustainability agency pursuant to Chapter 4 (commencing with Section 10723) or two years to satisfy the requirements of Section 10733.6. +(2) A groundwater sustainability agency shall have five years from the date of reprioritization to meet the requirements of subdivision (a) of Section 10720.7, except that if the reprioritization occurs before January 31, 2017, a groundwater sustainability agency subject to paragraph (2) of subdivision (a) of Section 10720.7 shall have until January 31, 2022. +SEC. 2. +Section 10730 of the Water Code is amended to read: +10730. +(a) A groundwater sustainability agency may impose fees, including, but not limited to, permit fees and fees on groundwater extraction or other regulated activity, to fund the costs of a groundwater sustainability program, including, but not limited to, preparation, adoption, and amendment of a groundwater sustainability plan, and investigations, inspections, compliance assistance, enforcement, and program administration, including a prudent reserve. A groundwater sustainability agency shall not impose a fee pursuant to this subdivision on a de minimis extractor unless the agency has regulated the users pursuant to this part. +(b) (1) Prior to imposing or increasing a fee, a groundwater sustainability agency shall hold at least one public meeting, at which oral or written presentations may be made as part of the meeting. +(2) Notice of the time and place of the meeting shall include a general explanation of the matter to be considered and a statement that the data required by this section is available. The notice shall be provided by publication pursuant to Section 6066 of the Government Code, by posting notice on the Internet Web site of the groundwater sustainability agency, and by mail to any interested party who files a written request with the agency for mailed notice of the meeting on new or increased fees. A written request for mailed notices shall be valid for one year from the date that the request is made and may be renewed by making a written request on or before April 1 of each year. +(3) At least 20 days prior to the meeting, the groundwater sustainability agency shall make available to the public data upon which the proposed fee is based. +(c) Any action by a groundwater sustainability agency to impose or increase a fee shall be taken only by ordinance or resolution. +(d) (1) As an alternative method for the collection of fees imposed pursuant to this section, a groundwater sustainability agency may adopt a resolution requesting collection of the fees in the same manner as ordinary municipal ad valorem taxes. +(2) A resolution described in paragraph (1) shall be adopted and furnished to the county auditor-controller and board of supervisors on or before August 1 of each year that the alternative collection of the fees is being requested. The resolution shall include a list of parcels and the amount to be collected for each parcel. +(e) The power granted by this section is in addition to any powers a groundwater sustainability agency has under any other law. +SEC. 3. +Section 1.5 of this bill incorporates amendments to Section 10722.4 of the Water Code proposed by both this bill and Senate Bill 13. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 10722.4 of the Water Code, and (3) this bill is enacted after Senate Bill 13, in which case Section 1 of this bill shall not become operative.","Existing law requires the Department of Water Resources to identify the extent of monitoring of groundwater elevations that is being undertaken within each groundwater basin or subbasin and to prioritize basins or subbasins as high, medium, low, or very low priority, and requires the initial priority for each basin to be established no later than January 31, 2015. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the department that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. The act requires a local agency, any time the department changes these basin priorities and elevates a basin to a medium- or high-priority basin after January 31, 2015, to either establish a groundwater sustainability agency within 2 years of reprioritization and adopt a groundwater sustainability plan within 5 years of reprioritization, or to submit an alternative to the department that the local agency believes satisfies the objectives of these provisions within 2 years of reprioritization. +This bill would impose the requirement to establish a groundwater sustainability agency or submit an alternative after reprioritization on a local agency or combination of local agencies overlying a groundwater basin. +The act authorizes a groundwater sustainability agency to impose fees to fund the costs of a groundwater sustainability program and requires a groundwater sustainability agency to hold at least one public meeting prior to imposing or increasing a fee. The act requires, at least 10 days prior to the meeting, a groundwater sustainability agency to make available to the public data upon which the proposed fee is based. +This bill would require a groundwater sustainability agency to make the data upon which the proposed fee is based available 20 days prior to the public meeting to impose or increase a fee. +This bill would incorporate changes to Section 10722.4 of the Water Code proposed by both this bill and SB 13, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.","An act to amend Sections 10722.4 and 10730 of the Water Code, relating to groundwater." +675,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2851 of the Public Utilities Code is amended to read: +2851. +(a) In implementing the California Solar Initiative, the commission shall do all of the following: +(1) (A) The commission shall authorize the award of monetary incentives for up to the first megawatt of alternating current generated by solar energy systems that meet the eligibility criteria established by the Energy Commission pursuant to Chapter 8.8 (commencing with Section 25780) of Division 15 of the Public Resources Code. The commission shall determine the eligibility of a solar energy system, as defined in Section 25781 of the Public Resources Code, to receive monetary incentives until the time the Energy Commission establishes eligibility criteria pursuant to Section 25782. Monetary incentives shall not be awarded for solar energy systems that do not meet the eligibility criteria. The incentive level authorized by the commission shall decline each year following implementation of the California Solar Initiative, at a rate of no less than an average of 7 percent per year, and, except as provided in subparagraph (B), shall be zero as of December 31, 2016. The commission shall adopt and publish a schedule of declining incentive levels no less than 30 days in advance of the first decline in incentive levels. The commission may develop incentives based upon the +output of electricity from +electricity generated by +the system, provided those incentives are consistent with the declining incentive levels of this paragraph and the incentives apply to only the first megawatt of electricity generated by the system. +(B) The incentive level for the installation of a solar energy system pursuant to Section 2852 shall be zero as of December 31, 2021. +(2) The commission shall adopt a performance-based incentive program so that by January 1, 2008, 100 percent of incentives for solar energy systems of 100 kilowatts or greater and at least 50 percent of incentives for solar energy systems of 30 kilowatts or greater are earned based on the actual electrical output of the solar energy systems. The commission shall encourage, and may require, performance-based incentives for solar energy systems of less than 30 kilowatts. Performance-based incentives shall decline at a rate of no less than an average of 7 percent per year. In developing the performance-based incentives, the commission may: +(A) Apply performance-based incentives only to customer classes designated by the commission. +(B) Design the performance-based incentives so that customers may receive a higher level of incentives than under incentives based on installed electrical capacity. +(C) Develop financing options that help offset the installation costs of the solar energy system, provided that this financing is ultimately repaid in full by the consumer or through the application of the performance-based rebates. +(3) By January 1, 2008, the commission, in consultation with the Energy Commission, shall require reasonable and cost-effective energy efficiency improvements in existing buildings as a condition of providing incentives for eligible solar energy systems, with appropriate exemptions or limitations to accommodate the limited financial resources of low-income residential housing. +(4) Notwithstanding subdivision (g) of Section 2827, the commission may develop a time-variant tariff that creates the maximum incentive for ratepayers to install solar energy systems so that the system’s peak electricity production coincides with California’s peak electricity demands and that ensures that ratepayers receive due value for their contribution to the purchase of solar energy systems and customers with solar energy systems continue to have an incentive to use electricity efficiently. In developing the time-variant tariff, the commission may exclude customers participating in the tariff from the rate cap for residential customers for existing baseline quantities or usage by those customers of up to 130 percent of existing baseline quantities, as required by Section 739.9. Nothing in this paragraph authorizes the commission to require time-variant pricing for ratepayers without a solar energy system. +(b) Notwithstanding subdivision (a), in implementing the California Solar Initiative, the commission may authorize the award of monetary incentives for solar thermal and solar water heating devices, in a total amount up to one hundred million eight hundred thousand dollars ($100,800,000). +(c) (1) In implementing the California Solar Initiative, the commission shall not allocate more than fifty million dollars ($50,000,000) to research, development, and demonstration that explores solar technologies and other distributed generation technologies that employ or could employ solar energy for generation or storage of electricity or to offset natural gas usage. Any program that allocates additional moneys to research, development, and demonstration shall be developed in collaboration with the Energy Commission to ensure there is no duplication of efforts, and adopted by the commission through a rulemaking or other appropriate public proceeding. Any grant awarded by the commission for research, development, and demonstration shall be approved by the full commission at a public meeting. This subdivision does not prohibit the commission from continuing to allocate moneys to research, development, and demonstration pursuant to the self-generation incentive program for distributed generation resources originally established pursuant to Chapter 329 of the Statutes of 2000, as modified pursuant to Section 379.6. +(2) The Legislature finds and declares that a program that provides a stable source of monetary incentives for eligible solar energy systems will encourage private investment sufficient to make solar technologies cost effective. +(3) On or before June 30, 2009, and by June 30th of every year thereafter, the commission shall submit to the Legislature an assessment of the success of the California Solar Initiative program. That assessment shall include the number of residential and commercial sites that have installed solar thermal devices for which an award was made pursuant to subdivision (b) and the dollar value of the award, the number of residential and commercial sites that have installed solar energy systems, the electrical generating capacity of the installed solar energy systems, the cost of the program, total electrical system benefits, including the effect on electrical service rates, environmental benefits, how the program affects the operation and reliability of the electrical grid, how the program has affected peak demand for electricity, the progress made toward reaching the goals of the program, whether the program is on schedule to meet the program goals, and recommendations for improving the program to meet its goals. If the commission allocates additional moneys to research, development, and demonstration that explores solar technologies and other distributed generation technologies pursuant to paragraph (1), the commission shall include in the assessment submitted to the Legislature, a description of the program, a summary of each award made or project funded pursuant to the program, including the intended purposes to be achieved by the particular award or project, and the results of each award or project. +(d) (1) The commission shall not impose any charge upon the consumption of natural gas, or upon natural gas ratepayers, to fund the California Solar Initiative. +(2) Notwithstanding any other provision of law, any charge imposed to fund the program adopted and implemented pursuant to this section shall be imposed upon all customers not participating in the California Alternate Rates for Energy (CARE) or family electric rate assistance (FERA) programs, including those residential customers subject to the rate limitation specified in Section 739.9 for existing baseline quantities or usage up to 130 percent of existing baseline quantities of electricity. +(3) The costs of the program adopted and implemented pursuant to this section shall not be recovered from customers participating in the California Alternate Rates for Energy or CARE program established pursuant to Section 739.1, except to the extent that program costs are recovered out of the nonbypassable system benefits charge authorized pursuant to Section 399.8. +(e) Except as provided in subdivision (f), in implementing the California Solar Initiative, the commission shall ensure that the total cost over the duration of the program does not exceed three billion five hundred fifty million eight hundred thousand dollars ($3,550,800,000). Except as provided in subdivision (f), financial components of the California Solar Initiative shall consist of the following: +(1) Programs under the supervision of the commission funded by charges collected from customers of San Diego Gas and Electric Company, Southern California Edison Company, and Pacific Gas and Electric Company. Except as provided in subdivision (f), the total cost over the duration of these programs shall not exceed two billion three hundred sixty-six million eight hundred thousand dollars ($2,366,800,000) and includes moneys collected directly into a tracking account for support of the California Solar Initiative. +(2) Programs adopted, implemented, and financed in the amount of seven hundred eighty-four million dollars ($784,000,000), by charges collected by local publicly owned electric utilities pursuant to Section 2854. Nothing in this subdivision shall give the commission power and jurisdiction with respect to a local publicly owned electric utility or its customers. +(3) Programs for the installation of solar energy systems on new construction (New Solar Homes Partnership Program), administered by the Energy Commission, and funded by charges in the amount of four hundred million dollars ($400,000,000), collected from customers of San Diego Gas and Electric Company, Southern California Edison Company, and Pacific Gas and Electric Company. If the commission is notified by the Energy Commission that funding available pursuant to Section 25751 of the Public Resources Code for the New Solar Homes Partnership Program and any other funding for the purposes of this paragraph have been exhausted, the commission may require an electrical corporation to continue administration of the program pursuant to the guidelines established for the program by the Energy Commission, until the funding limit authorized by this paragraph has been reached. The commission, in consultation with the Energy Commission, shall supervise the administration of the continuation of the New Solar Homes Partnership Program by an electrical corporation. An electrical corporation may elect to have a third party, including the Energy Commission, administer the utility’s continuation of the New Solar Homes Partnership Program. After the exhaustion of funds, the Energy Commission shall notify the Joint Legislative Budget Committee 30 days prior to the continuation of the program. +(4) The changes made to this subdivision by Chapter 39 of the Statutes of 2012 do not authorize the levy of a charge or any increase in the amount collected pursuant to any existing charge, nor do the changes add to, or detract from, the commission’s existing authority to levy or increase charges. +(f) Upon the expenditure or reservation in any electrical corporation’s service territory of the amount specified in paragraph (1) of subdivision (e) for low-income residential housing programs pursuant to subdivision (c) of Section 2852, the commission shall authorize the continued collection of the charge for the purposes of Section 2852. The commission shall ensure that the total amount collected pursuant to this subdivision does not exceed one hundred eight million dollars ($108,000,000). Upon approval by the commission, an electrical corporation may use amounts collected pursuant to subdivision (e) for purposes of funding the general market portion of the California Solar Initiative, that remain unspent and unencumbered after December 31, 2016, to reduce the electrical corporation’s portion of the total amount collected pursuant to this subdivision.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. Decisions of the commission adopted the California Solar Initiative. Existing law requires the commission to undertake certain steps in implementing the California Solar Initiative. +This bill would make a nonsubstantive change to the law requiring the commission to undertake certain steps in implementing the California Solar Initiative.","An act to amend Section 2851 of the Public Utilities Code, relating to energy." +676,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 44272 of the Health and Safety Code is amended to read: +44272. +(a) The Alternative and Renewable Fuel and Vehicle Technology Program is hereby created. The program shall be administered by the commission. The commission shall implement the program by regulation pursuant to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The program shall provide, upon appropriation by the Legislature, competitive grants, revolving loans, loan guarantees, loans, or other appropriate funding measures, to public agencies, vehicle and technology entities, businesses and projects, public-private partnerships, workforce training partnerships and collaboratives, fleet owners, consumers, recreational boaters, and academic institutions to develop and deploy innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. The emphasis of this program shall be to develop and deploy technology and alternative and renewable fuels in the marketplace, without adopting any one preferred fuel or technology. +(b) A project that receives more than seventy-five thousand dollars ($75,000) in funds from the commission shall be approved at a noticed public meeting of the commission and shall be consistent with the priorities established by the investment plan adopted pursuant to Section 44272.5. Under this article, the commission may delegate to the commission’s executive director, or his or her designee, the authority to approve either of the following: +(1) A contract, grant, loan, or other agreement or award that receives seventy-five thousand dollars ($75,000) or less in funds from the commission. +(2) Amendments to a contract, grant, loan, or other agreement or award as long as the amendments do not increase the amount of the award, change the scope of the project, or modify the purpose of the agreement. +(c) The commission shall provide preferences to those projects that maximize the goals of the Alternative and Renewable Fuel and Vehicle Technology Program, based on the following criteria, as applicable: +(1) The project’s ability to provide a measurable transition from the nearly exclusive use of petroleum fuels to a diverse portfolio of viable alternative fuels that meet petroleum reduction and alternative fuel use goals. +(2) The project’s consistency with existing and future state climate change policy and low-carbon fuel standards. +(3) The project’s ability to reduce criteria air pollutants and air toxics and reduce or avoid multimedia environmental impacts. +(4) The project’s ability to decrease, on a life-cycle basis, the discharge of water pollutants or any other substances known to damage human health or the environment, in comparison to the production and use of California Phase 2 Reformulated Gasoline or diesel fuel produced and sold pursuant to California diesel fuel regulations set forth in Article 2 (commencing with Section 2280) of Chapter 5 of Division 3 of Title 13 of the California Code of Regulations. +(5) The project does not adversely impact the sustainability of the state’s natural resources, especially state and federal lands. +(6) The project provides nonstate matching funds. Costs incurred from the date a proposed award is noticed may be counted as nonstate matching funds. The commission may adopt further requirements for the purposes of this paragraph. The commission is not liable for costs incurred pursuant to this paragraph if the commission does not give final approval for the project or the proposed recipient does not meet requirements adopted by the commission pursuant to this paragraph. +(7) The project provides economic benefits for California by promoting California-based technology firms, jobs, and businesses. +(8) The project uses existing or proposed fueling infrastructure to maximize the outcome of the project. +(9) The project’s ability to reduce on a life-cycle assessment greenhouse gas emissions by at least 10 percent, and higher percentages in the future, from current reformulated gasoline and diesel fuel standards established by the state board. +(10) The project’s use of alternative fuel blends of at least 20 percent, and higher blend ratios in the future, with a preference for projects with higher blends. +(11) The project drives new technology advancement for vehicles, vessels, engines, and other equipment, and promotes the deployment of that technology in the marketplace. +(d) The commission shall rank applications for projects proposed for funding awards based on solicitation criteria developed in accordance with subdivision (c), and shall give additional preference to funding those projects with higher benefit-cost scores. +(e) Only the following shall be eligible for funding: +(1) Alternative and renewable fuel projects to develop and improve alternative and renewable low-carbon fuels, including electricity, ethanol, dimethyl ether, renewable diesel, natural gas, hydrogen, and biomethane, among others, and their feedstocks that have high potential for long-term or short-term commercialization, including projects that lead to sustainable feedstocks. +(2) Demonstration and deployment projects that optimize alternative and renewable fuels for existing and developing engine technologies. +(3) Projects to produce alternative and renewable low-carbon fuels in California. +(4) Projects to decrease the overall impact of an alternative and renewable fuel’s life cycle carbon footprint and increase sustainability. +(5) Alternative and renewable fuel infrastructure, fueling stations, and equipment. The preference in paragraph (10) of subdivision (c) shall not apply to renewable diesel or biodiesel infrastructure, fueling stations, and equipment used solely for renewable diesel or biodiesel fuel. +Alternative and renewable fuel infrastructure includes electric vehicle charging infrastructure in disadvantaged communities identified pursuant to Section 39711. +(6) Projects to develop and improve light-, medium-, and heavy-duty vehicle technologies that provide for better fuel efficiency and lower greenhouse gas emissions, alternative fuel usage and storage, or emission reductions, including propulsion systems, advanced internal combustion engines with a 40 percent or better efficiency level over the current market standard, lightweight materials, intelligent transportation systems, energy storage, control systems and system integration, physical measurement and metering systems and software, development of design standards and testing and certification protocols, battery recycling and reuse, engine and fuel optimization electronic and electrified components, hybrid technology, plug-in hybrid technology, battery electric vehicle technology, fuel cell technology, and conversions of hybrid technology to plug-in technology through the installation of safety certified supplemental battery modules. +(7) Programs and projects that accelerate the commercialization of vehicles and alternative and renewable fuels including buy-down programs through near-market and market-path deployments, advanced technology warranty or replacement insurance, development of market niches, supply-chain development, and research related to the pedestrian safety impacts of vehicle technologies and alternative and renewable fuels. +(8) Programs and projects to retrofit medium- and heavy-duty onroad and nonroad vehicle fleets with technologies that create higher fuel efficiencies, including alternative and renewable fuel vehicles and technologies, idle management technology, and aerodynamic retrofits that decrease fuel consumption. +(9) Infrastructure projects that promote alternative and renewable fuel infrastructure development connected with existing fleets, public transit, and existing transportation corridors, including physical measurement or metering equipment and truck stop electrification. +(10) Workforce training programs related to alternative and renewable fuel feedstock production and extraction, renewable fuel production, distribution, transport, and storage, high-performance and low-emission vehicle technology and high tower electronics, automotive computer systems, mass transit fleet conversion, servicing, and maintenance, and other sectors or occupations related to the purposes of this chapter. +(11) Block grants or incentive programs administered by public entities or not-for-profit technology entities for multiple projects, education and program promotion within California, and development of alternative and renewable fuel and vehicle technology centers. The commission may adopt guidelines for implementing the block grant or incentive program, which shall be approved at a noticed public meeting of the commission. +(12) Life cycle and multimedia analyses, sustainability and environmental impact evaluations, and market, financial, and technology assessments performed by a state agency to determine the impacts of increasing the use of low-carbon transportation fuels and technologies, and to assist in the preparation of the investment plan and program implementation. +(13) A program to provide funding for homeowners who purchase a plug-in electric vehicle to offset costs associated with modifying electrical sources to include a residential plug-in electric vehicle charging station. In establishing this program, the commission shall consider funding criteria to maximize the public benefit of the program. +(f) The commission may make a single source or sole source award pursuant to this section for applied research. The same requirements set forth in Section 25620.5 of the Public Resources Code shall apply to awards made on a single source basis or a sole source basis. This subdivision does not authorize the commission to make a single source or sole source award for a project or activity other than for applied research. +(g) The commission may do all of the following: +(1) Contract with the Treasurer to expend funds through programs implemented by the Treasurer, if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270). +(2) Contract with small business financial development corporations established by the Governor’s Office of Business and Economic Development to expend funds through the Small Business Loan Guarantee Program if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270). +(3) Advance funds, pursuant to an agreement with the commission, to any of the following: +(A) A public entity. +(B) A recipient to enable it to make advance payments to a public entity that is a subrecipient of the funds and under a binding and enforceable subagreement with the recipient. +(C) An administrator of a block grant program. +SECTION 1. +Section 44268.2 of the +Health and Safety Code +is amended to read: +44268.2. +(a)(1)Persons desiring to use an electric vehicle charging station that requires payment of a fee shall not be required to pay a subscription fee in order to use the station, and shall not be required to obtain membership in any club, association, or organization as a condition of using the station. The total actual charges for the use of an electric vehicle charging station, including any additional network roaming charges for nonmembers, shall be disclosed to the public at the point of sale. An electric vehicle charging station that requires payment of a fee shall allow a person desiring to use the station to pay via credit card or mobile technology, or both. +(2)Notwithstanding paragraph (1), an electric vehicle charging station may offer services on a subscription- or membership-only basis provided those electric vehicle charging stations allow nonsubscribers or nonmembers the ability to use the electric vehicle charging station through the payment options detailed in paragraph (1). +(b)The service provider of electric vehicle service equipment at an electric vehicle charging station or its designee shall disclose to the National Renewable Energy Laboratory the electric vehicle charging station’s geographic location, a schedule of fees, accepted methods of payment, and the amount of network roaming charges for nonmembers, if any. +(c)Electric vehicle charging stations shall be labeled in accordance with Part 309 of Title 16 of the Code of Federal Regulations, and, where commercially reasonable and feasible, may be clearly marked with appropriate directional signage in the parking area or facility where they are located. +(d)If no interoperability billing standards have been adopted by a national standards organization by January 1, 2016, the state board may adopt interoperability billing standards for network roaming payment methods for electric vehicle charging stations. If the state board adopts interoperability billing standards, all electric vehicle charging stations that require payment shall meet those standards within six months. Any standards adopted by the state board shall consider other governmental or industry-developed interoperability billing standards and may adopt interoperability billing standards promulgated by an outside authoritative body.","Existing law requires the State Energy Resources Conservation and Development Commission to implement the Alternative and Renewable Fuel Vehicle Technology Program to provide financial assistance to develop and deploy innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. Existing law includes within the program alternative and renewable fuel infrastructure, fueling stations, and equipment. +This bill would specify that alternative and renewable fuel infrastructure includes electric vehicle charging infrastructure in disadvantaged communities. +Existing law, the Electric Vehicle Charging Stations Open Access Act, prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, and prohibits a requirement for persons to obtain membership in any club, association, or organization as a condition of using the station, except as specified. The act authorizes the State Air Resources Board to adopt interoperability billing standards for network roaming payment methods for electric vehicle charging stations if no interoperability billing standards have been adopted by a national standards organization by January 1, 2015. The act provides that if the state board adopts interoperability billing standards, all electric vehicle charging stations that require payment shall meet those standards within one year. +This bill would change the date of the state board’s conditional authorization to adopt those interoperability billing standards to January 1, 2016, and would require the electric vehicle charging stations to meet those standards within 6 months.","An act to amend Section +44268.2 +44272 +of the Health and Safety Code, relating to electric vehicles." +677,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11370.1 of the Health and Safety Code is amended to read: +11370.1. +(a) Notwithstanding Section 11350 or 11377 or any other +provision of +law, +every +a +person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment +in the state prison +pursuant to subdivision (h) of Section 1170 of the Penal Code +for two, three, or four years. +As used in this subdivision, “armed with” means having available for immediate offensive or defensive use. +(b) +Any +A +person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal Code. +SEC. 2. +Section 12022 of the Penal Code is amended to read: +12022. +(a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm. +(2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle. +(b) (1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense. +(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years. +(3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. +(c) Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment +pursuant to subdivision (h) of Section 1170 +in the state prison +for three, four, or five years. +(d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision (c), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. +(e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement. +(f) Notwithstanding any other +provision of +law, the court may strike the additional punishment for the enhancements provided in subdivision (c) or (d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law makes it a felony, punishable by imprisonment in the state prison for 2, 3, or 4 years to unlawfully possess any amount of a substance containing cocaine base, cocaine, heroin, methamphetamine, or phencyclidine while armed with a loaded, operable firearm. +This bill would instead make that felony punishable in a county jail. By requiring the felony to be served in county jail, this bill would impose a state-mandated local program. +(2) Existing law imposes an enhancement of 3, 4, or 5 years on the sentence of a person who is personally armed with a firearm in the commission of a violation of specified controlled substance offenses. +This bill would require the enhancement to be served in state prison. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 11370.1 of the Health and Safety Code, and to amend Section 12022 of the Penal Code, relating to controlled substances." +678,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 18120 of the Penal Code is amended to read: +18120. +(a) A person subject to a gun violence restraining order issued pursuant to this division shall not have in his or her custody or control, own, purchase, possess, or receive any firearms or ammunition while that order is in effect. +(b) (1) Upon issuance of a gun violence restraining order issued pursuant to this division, the court shall order the restrained person to surrender all firearms and ammunition in the restrained person’s custody or control, or which the restrained person possesses or owns pursuant to paragraph (2). +(2) The surrender ordered pursuant to paragraph (1) shall occur by immediately surrendering all firearms and ammunition in a safe manner, upon request of any law enforcement officer, to the control of the officer, after being served with the restraining order. A law enforcement officer serving a gun violence restraining order that indicates that the restrained person possesses any firearms or ammunition shall request that all firearms and ammunition be immediately surrendered. Alternatively, if no request is made by a law enforcement officer, the surrender shall occur within 24 hours of being served with the order, by surrendering all firearms and ammunition in a safe manner to the control of the local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer in accordance with Section 29830. The law enforcement officer or licensed firearms dealer taking possession of any firearms or ammunition pursuant to this subdivision shall issue a receipt to the person surrendering the firearm or firearms or ammunition or both at the time of surrender. A person ordered to surrender all firearms and ammunition pursuant to this subdivision shall, within 48 hours after being served with the order, do both of the following: +(A) File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order. +(B) File a copy of the receipt described in subparagraph (A) with the law enforcement agency that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order. +(c) (1) Except as provided in paragraph (2), any firearms or ammunition surrendered to a law enforcement officer or law enforcement agency pursuant to this section shall be retained by the law enforcement agency until the expiration of any gun violence restraining order that has been issued against the restrained person. Upon expiration of any order, any firearms or ammunition shall be returned to the restrained person in accordance with the provisions of Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. Firearms or ammunition that are not claimed are subject to the requirements of Section 34000. +(2) A restrained person who owns any firearms or ammunition that are in the custody of a law enforcement agency pursuant to this section is entitled to sell any firearms or ammunition to a licensed firearms dealer or transfer any firearms or ammunition to a licensed firearms dealer in accordance with Section 29830, provided that the firearm or firearms or ammunition are otherwise legal to own or possess and the restrained person otherwise has right to title of the firearm or firearms or ammunition. +(d) If a person other than the restrained person claims title to any firearms or ammunition surrendered pursuant to this section, and he or she is determined by the law enforcement agency to be the lawful owner of the firearm or firearms or ammunition, the firearm or firearms or ammunition shall be returned to him or her pursuant to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. +SEC. 2. +Section 29830 of the Penal Code is amended to read: +29830. +(a) Any person who is prohibited from owning or possessing a firearm or ammunition pursuant to this article, or who is prohibited from owning or possessing a firearm or ammunition pursuant to any other law, may transfer or cause to be transferred, any firearm or firearms or ammunition in his or her possession, or of which he or she is the owner, to a firearms dealer licensed pursuant to Section 26700 to 26915, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm will expire on a date specified in the court order. +(b) A firearms dealer who stores a firearm or firearms or ammunition pursuant to subdivision (a), may charge the owner a reasonable fee for the storage of the firearm or firearms or ammunition. +(c) A firearms dealer who stores a firearm or firearms or ammunition pursuant to subdivision (a) shall notify the Department of Justice of the date that the firearms dealer has taken possession of the firearm or firearms or ammunition. +(d) Any firearm that is returned by a dealer to the owner of the firearm pursuant to this section shall be returned in accordance with the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6. +SEC. 3. +Section 33880 of the Penal Code is amended to read: +33880. +(a) A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of a firearm or ammunition. +(b) The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of a firearm or ammunition, storing the firearm or ammunition, and surrendering possession of the firearm or ammunition to a licensed firearms dealer or to the owner. +(c) The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm or ammunition was reported stolen at the time the firearm came into the custody or control of the law enforcement agency. +(d) The following apply to any charges imposed for administrative costs pursuant to this section: +(1) The charges shall only be imposed on the person claiming title to the firearm or ammunition. +(2) Any charges shall be collected by the local or state authority only from the person claiming title to the firearm or ammunition. +(3) The charges shall be in addition to any other charges authorized or imposed pursuant to this code. +(4) A charge may not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of a firearm or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the firearm or ammunition. In addition, the charge may be imposed only upon the person requesting that hearing or appeal. +(e) Costs for a hearing or appeal related to the release of a firearm or ammunition shall not be charged to the legal owner who redeems the firearm or ammunition, unless the legal owner voluntarily requests the post-storage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a post-storage hearing as a requirement for release of the firearm or ammunition to the legal owner. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","Existing law allows an immediate family member or a law enforcement officer to request a court to issue a gun violence restraining order to enjoin a person from owning or possessing a firearm or ammunition for a period of one year upon a showing that the person poses a significant danger of personal injury to himself, herself, or another and that a gun violence restraining order is necessary to prevent that injury. Existing law requires a person who is subject to a gun violence restraining order to surrender his or her firearms and ammunition immediately upon request of any law enforcement officer. If no request is made, existing law requires the person to surrender his or her firearms or ammunition to a local law enforcement agency or to sell his or her firearms or ammunition to a licensed firearms dealer within 24 hours. +Existing law allows any person who is prohibited from owning or possessing a firearm to transfer his or her firearms to a licensed firearms dealer for the duration of the prohibition. +This bill would allow a person who is subject to a gun violence restraining order to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition. If the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer. The bill would additionally provide for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program. +Existing law allows a city, county, or city and county to impose a charge relating to the seizure, impounding, storage, or release of a firearm, which may not exceed the actual costs incurred for expenses directly related to taking possession of a firearm, storing the firearm, and surrendering possession of the firearm to a licensed firearm dealer or to the owner. +This bill would extend the authority to impose this charge for the above specified activities in regard to ammunition. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 18120, 29830, and 33880 of the Penal Code, relating to firearms." +679,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 36512 of the Government Code is amended to read: +36512. +(a) If a vacancy occurs in an appointive office provided for in this chapter, the council shall fill the vacancy by appointment. A person appointed to fill a vacancy holds office for the unexpired term of the former incumbent. +(b) If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. +(1) If the council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent. +(2) If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following: +(A) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. +(B) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent. +(c) Notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance that does any of the following: +(1) Requires that a special election be called immediately to fill every city council vacancy and the office of mayor designated pursuant to Section 34902. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. +(2) Requires that a special election be held to fill a city council vacancy and the office of mayor designated pursuant to Section 34902 when petitions bearing a specified number of verified signatures are filed. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the filing of the petition. A governing body that has enacted such an ordinance may also call a special election pursuant to subdivision (b) without waiting for the filing of a petition. +(3) Provides that a person appointed to fill a vacancy on the city council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. The special election may be held on the date of the next regularly established election or regularly scheduled municipal election to be held throughout the city not less than 114 days from the call of the special election. +(d) (1) Notwithstanding subdivision (b) and Section 34902, an appointment shall not be made to fill a vacancy on a city council if the appointment would result in a majority of the members serving on the council having been appointed. The vacancy shall be filled in the manner provided by this subdivision. +(2) The city council may call an election to fill the vacancy, to be held on the next regularly established election date not less than 114 days after the call. +(3) If the city council does not call an election pursuant to paragraph (2), the vacancy shall be filled at the next regularly established election date. +(e) (1) If the city council of a city that elects city council members by or from districts elects to fill a vacancy on the city council by appointment as a result of a city council member resigning from office, the resigning city council member may cast a vote on the appointment if the resignation will go into effect upon the appointment of a successor. A city council member shall not cast a vote for a family member or any other person with whom the city council member has a relationship that may create a potential conflict of interest. +(2) If a city council member elects to cast a vote under this subdivision, the city council member shall be prohibited from the following actions for a period of two years after the appointment of a successor: +(A) Advocating on any measure or issue coming before the city council in which the city council member may have a personal benefit. +(B) Entering into a contract of any kind with the city or a city vendor. +(C) Accepting a position of employment with the city or a city vendor. +(D) Applying for a permit that is subject to the approval of the city council. +(3) This subdivision shall not apply to any city council member who is resigning from the city council due to charges of, or conviction for, corruption or criminal behavior, or who is subject to a recall election.","Existing law requires a city council, within 60 days of a vacancy in an elective office, to fill that vacancy by appointment or call a special election to fill the vacancy, and provides that a person elected or appointed to fill a vacancy holds office for the unexpired term of the former incumbent. +This bill would instead provide that if the council fills a vacancy in an elective office by appointment, and that vacancy occurred in the first half of the term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy holds office until the next general municipal election at which a person is elected to fill that vacancy, and thereafter, until the person elected is qualified. The bill would additionally provide that if the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of the term of office, the person appointed to fill the vacancy holds office for the unexpired term of the former incumbent.","An act to amend Section 36512 of the Government Code, relating to local government." +680,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known and may be cited as the Racial and Identity Profiling Act of 2015. +SEC. 2. +Section 12525.5 is added to the Government Code, to read: +12525.5. +(a) (1) Each state and local agency that employs peace officers shall annually report to the Attorney General data on all stops conducted by that agency’s peace officers for the preceding calendar year. +(2) Each agency that employs 1,000 or more peace officers shall issue its first round of reports on or before April 1, 2019. Each agency that employs 667 or more but less than 1,000 peace officers shall issue its first round of reports on or before April 1, 2020. Each agency that employs 334 or more but less than 667 peace officers shall issue its first round of reports on or before April 1, 2022. Each agency that employs one or more but less than 334 peace officers shall issue its first round of reports on or before April 1, 2023. +(b) The reporting shall include, at a minimum, the following information for each stop: +(1) The time, date, and location of the stop. +(2) The reason for the stop. +(3) The result of the stop, such as, no action, warning, citation, property seizure, or arrest. +(4) If a warning or citation was issued, the warning provided or violation cited. +(5) If an arrest was made, the offense charged. +(6) The perceived race or ethnicity, gender, and approximate age of the person stopped, provided that the identification of these characteristics shall be based on the observation and perception of the peace officer making the stop, and the information shall not be requested from the person stopped. For motor vehicle stops, this paragraph only applies to the driver, unless any actions specified under paragraph (7) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for him or her. +(7) Actions taken by the peace officer during the stop, including, but not limited to, the following: +(A) Whether the peace officer asked for consent to search the person, and, if so, whether consent was provided. +(B) Whether the peace officer searched the person or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any. +(C) Whether the peace officer seized any property and, if so, the type of property that was seized and the basis for seizing the property. +(c) If more than one peace officer performs a stop, only one officer is required to collect and report to his or her agency the information specified under subdivision (b). +(d) State and local law enforcement agencies shall not report the name, address, social security number, or other unique personal identifying information of persons stopped, searched, or subjected to a property seizure, for purposes of this section. Notwithstanding any other law, the data reported shall be available to the public, except for the badge number or other unique identifying information of the peace officer involved, which shall be released to the public only to the extent the release is permissible under state law. +(e) Not later than January 1, 2017, the Attorney General, in consultation with stakeholders, including the Racial and Identity Profiling Advisory Board (RIPA) established pursuant to paragraph (1) of subdivision (j) of Section 13519.4 of the Penal Code, federal, state, and local law enforcement agencies and community, professional, academic, research, and civil and human rights organizations, shall issue regulations for the collection and reporting of data required under subdivision (b). The regulations shall specify all data to be reported, and provide standards, definitions, and technical specifications to ensure uniform reporting practices across all reporting agencies. To the best extent possible, such regulations should be compatible with any similar federal data collection or reporting program. +(f) All data and reports made pursuant to this section are public records within the meaning of subdivision (e) of Section 6252, and are open to public inspection pursuant to Sections 6253 and 6258. +(g) (1) For purposes of this section, “peace officer,” as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, is limited to members of the California Highway Patrol, a city or county law enforcement agency, and California state or university educational institutions. “Peace officer,” as used in this section, does not include probation officers and officers in a custodial setting. +(2) For purposes of this section, “stop” means any detention by a peace officer of a person, or any peace officer interaction with a person in which the peace officer conducts a search, including a consensual search, of the person’s body or property in the person’s possession or control. +SEC. 3. +Section 13012 of the Penal Code is amended to read: +13012. +(a) The annual report of the department provided for in Section 13010 shall contain statistics showing all of the following: +(1) The amount and the types of offenses known to the public authorities. +(2) The personal and social characteristics of criminals and delinquents. +(3) The administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents. +(4) The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies, including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court. +(5) (A) The total number of each of the following: +(i) Citizen complaints received by law enforcement agencies under Section 832.5. +(ii) Citizen complaints alleging criminal conduct of either a felony or misdemeanor. +(iii) Citizen complaints alleging racial or identity profiling, as defined in subdivision (e) of Section 13519.4. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability. +(B) The statistics reported under this paragraph shall provide, for each category of complaint identified under subparagraph (A), the number of complaints within each of the following disposition categories: +(i) “Sustained,” which means that the investigation disclosed sufficient evidence to prove the truth of allegation in the complaint by preponderance of evidence. +(ii) “Exonerated,” which means that the investigation clearly established that the actions of the personnel that formed the basis of the complaint are not a violation of law or agency policy. +(iii) “Not sustained,” which means that the investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation in the complaint. +(iv) “Unfounded,” which means that the investigation clearly established that the allegation is not true. +(C) The reports under subparagraphs (A) and (B) shall be made available to the public and disaggregated for each individual law enforcement agency. +(b) It shall be the duty of the department to give adequate interpretation of the statistics and so to present the information that it may be of value in guiding the policies of the Legislature and of those in charge of the apprehension, prosecution, and treatment of the criminals and delinquents, or concerned with the prevention of crime and delinquency. The report shall also include statistics which are comparable with national uniform criminal statistics published by federal bureaus or departments heretofore mentioned. +(c) Each year, on an annual basis, the Racial and Identity Profiling Board (RIPA), established pursuant to paragraph (1) of subdivision (j) of Section 13519.4, shall analyze the statistics reported pursuant to subparagraphs (A) and (B) of paragraph (5) of subdivision (a) of this section. RIPA’s analysis of the complaints shall be incorporated into its annual report as required by paragraph (3) of subdivision (j) of Section 13519.4. The reports shall not disclose the identity of peace officers. +SEC. 4. +Section 13519.4 of the Penal Code is amended to read: +13519.4. +(a) The commission shall develop and disseminate guidelines and training for all peace officers in California as described in subdivision (a) of Section 13510 and who adhere to the standards approved by the commission, on the racial and cultural differences among the residents of this state. The course or courses of instruction and the guidelines shall stress understanding and respect for racial, identity, and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a diverse racial, identity, and cultural environment. +(b) The course of basic training for peace officers shall include adequate instruction on racial, identity, and cultural diversity in order to foster mutual respect and cooperation between law enforcement and members of all racial, identity, and cultural groups. In developing the training, the commission shall consult with appropriate groups and individuals having an interest and expertise in the field of racial, identity, and cultural awareness and diversity. +(c) For the purposes of this section the following shall apply: +(1) “Disability,” “gender,” “nationality,” “religion,” and “sexual orientation” have the same meaning as in Section 422.55. +(2) “Culturally diverse” and “cultural diversity” include, but are not limited to, disability, gender, nationality, religion, and sexual orientation issues. +(3) “Racial” has the same meaning as “race or ethnicity” in Section 422.55. +(4) “Stop” has the same meaning as in paragraph (2) of subdivision (g) of Section 12525.5 of the Government Code. +(d) The Legislature finds and declares as follows: +(1) The working men and women in California law enforcement risk their lives every day. The people of California greatly appreciate the hard work and dedication of peace officers in protecting public safety. The good name of these officers should not be tarnished by the actions of those few who commit discriminatory practices. +(2) Racial or identity profiling is a practice that presents a great danger to the fundamental principles of our Constitution and a democratic society. It is abhorrent and cannot be tolerated. +(3) Racial or identity profiling alienates people from law enforcement, hinders community policing efforts, and causes law enforcement to lose credibility and trust among the people whom law enforcement is sworn to protect and serve. +(4) Pedestrians, users of public transportation, and vehicular occupants who have been stopped, searched, interrogated, and subjected to a property seizure by a peace officer for no reason other than the color of their skin, national origin, religion, gender identity or expression, housing status, sexual orientation, or mental or physical disability are the victims of discriminatory practices. +(5) It is the intent of the Legislature in enacting the changes to this section made by the act that added this paragraph that additional training is required to address the pernicious practice of racial or identity profiling and that enactment of this section is in no way dispositive of the issue of how the state should deal with racial or identity profiling. +(e) “Racial or identity profiling,” for purposes of this section, is the consideration of, or reliance on, to any degree, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability in deciding which persons to subject to a stop or in deciding upon the scope or substance of law enforcement activities following a stop, except that an officer may consider or rely on characteristics listed in a specific suspect description. The activities include, but are not limited to, traffic or pedestrian stops, or actions during a stop, such as asking questions, frisks, consensual and nonconsensual searches of a person or any property, seizing any property, removing vehicle occupants during a traffic stop, issuing a citation, and making an arrest. +(f) A peace officer shall not engage in racial or identity profiling. +(g) Every peace officer in this state shall participate in expanded training as prescribed and certified by the Commission on Peace Officers Standards and Training. +(h) The curriculum shall be evidence-based and shall include and examine evidence-based patterns, practices, and protocols that make up racial or identity profiling, including implicit bias. This training shall prescribe evidenced-based patterns, practices, and protocols that prevent racial or identity profiling. In developing the training, the commission shall consult with the Racial and Identity Profiling Advisory Board established pursuant to subdivision (j). The course of instruction shall include, but not be limited to, significant consideration of each of the following subjects: +(1) Identification of key indices and perspectives that make up racial, identity, and cultural differences among residents in a local community. +(2) Negative impact of intentional and implicit biases, prejudices, and stereotyping on effective law enforcement, including examination of how historical perceptions of discriminatory enforcement practices have harmed police-community relations and contributed to injury, death, disparities in arrest detention and incarceration rights, and wrongful convictions. +(3) The history and role of the civil and human rights movement and struggles and their impact on law enforcement. +(4) Specific obligations of peace officers in preventing, reporting, and responding to discriminatory or biased practices by fellow peace officers. +(5) Perspectives of diverse, local constituency groups and experts on particular racial, identity, and cultural and police-community relations issues in a local area. +(6) The prohibition against racial or identity profiling in subdivision (f). +(i) Once the initial basic training is completed, each peace officer in California as described in subdivision (a) of Section 13510 who adheres to the standards approved by the commission shall be required to complete a refresher course every five years thereafter, or on a more frequent basis if deemed necessary, in order to keep current with changing racial, identity, and cultural trends. +(j) (1) Beginning July 1, 2016, the Attorney General shall establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling, and improving diversity and racial and identity sensitivity in law enforcement. +(2) RIPA shall include the following members: +(A) The Attorney General, or his or her designee. +(B) The President of the California Public Defenders Association, or his or her designee. +(C) The President of the California Police Chiefs Association, or his or her designee. +(D) The President of California State Sheriffs’ Association, or his or her designee. +(E) The President of the Peace Officers Research Association of California, or his or her designee. +(F) The Commissioner of the California Highway Patrol, or his or her designee. +(G) A university professor who specializes in policing, and racial and identity equity. +(H) Two representatives of human or civil rights tax-exempt organizations who specialize in civil or human rights. +(I) Two representatives of community organizations who specialize in civil or human rights and criminal justice, and work with victims of racial and identity profiling. At least one representative shall be between 16 and 24 years of age. +(J) Two religious clergy members who specialize in addressing and reducing racial and identity bias toward individuals and groups. +(K) Up to two other members that the Governor may prescribe. +(L) Up to two other members that the President Pro Tempore of the Senate may prescribe. +(M) Up to two other members that the Speaker of the Assembly may prescribe. +(3) Each year, on an annual basis, RIPA shall do the following: +(A) Analyze the data reported pursuant to Section 12525.5 of the Government Code and Section 13012 of the Penal Code. +(B) Analyze law enforcement training under this section. +(C) Work in partnership with state and local law enforcement agencies to review and analyze racial and identity profiling policies and practices across geographic areas in California. +(D) Conduct, and consult available, evidence-based research on intentional and implicit biases, and law enforcement stop, search, and seizure tactics. +(E) Issue a report that provides RIPA’s analysis under subparagraphs (A) to (D), inclusive, detailed findings on the past and current status of racial and identity profiling, and makes policy recommendations for eliminating racial and identity profiling. RIPA shall post the report on its Internet Web site. Each report shall include disaggregated statistical data for each reporting law enforcement agency. The report shall include, at minimum, each reporting law enforcement agency’s total results for each data collection criteria under subdivision (b) of Section 12525.5 of the Government Code for each calendar year. The reports shall be retained and made available to the public by posting those reports on the Department of Justice’s Internet Web site. The first annual report shall be issued no later than January 1, 2018. The reports are public records within the meaning of subdivision (d) of Section 6252 of the Government Code and are open to public inspection pursuant to Sections 6253, 6256, 6257, and 6258 of the Government Code. +(F) Hold at least three public meetings annually to discuss racial and identity profiling, and potential reforms to prevent racial and identity profiling. Each year, one meeting shall be held in northern California, one in central California, and one in southern California. RIPA shall provide the public with notice of at least 60 days before each meeting. +(4) Pursuant to subdivision (e) of Section 12525.5 of the Government Code, RIPA shall advise the Attorney General in developing regulations for the collection and reporting of stop data, and ensuring uniform reporting practices across all reporting agencies. +(5) Members of RIPA shall not receive compensation, nor per diem expenses, for their services as members of RIPA. +(6) No action of RIPA shall be valid unless agreed to by a majority of its members. +(7) The initial terms of RIPA members shall be four years. +(8) Each year, RIPA shall elect two of its members as cochairpersons. +SEC. 5. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law creates the Commission on Peace Officer Standards and Training and requires it to develop and disseminate guidelines and training for all law enforcement officers, as described. Existing law prohibits a peace officer from engaging in racial profiling and requires the training to prescribe patterns, practices, and protocols that prevent racial profiling, as defined. Existing law requires the Legislative Analyst’s Office to conduct a study of the data that is voluntarily collected by jurisdictions that have instituted a program of data collection with regard to racial profiling. +This bill would enact the Racial and Identity Profiling Act of 2015, which would, among other changes, revise the definition of racial profiling to instead refer to racial or identity profiling, and make a conforming change to the prohibition against peace officers engaging in that practice. +The bill would require, beginning July 1, 2016, the Attorney General to establish the Racial and Identity Profiling Advisory Board (RIPA) to eliminate racial and identity profiling and improve diversity and racial and identity sensitivity in law enforcement. The bill would specify the composition of the board. The bill would require the board, among other duties, to investigate and analyze state and local law enforcement agencies’ racial and identity profiling policies and practices across geographic areas in California, to annually make publicly available its findings and policy recommendations, to hold public meetings annually, as specified, and to issue the board’s first annual report no later than January 1, 2018. +The bill would require each state and local agency that employs peace officers to annually report to the Attorney General data on all stops, as defined, conducted by the agency’s peace officers, and require that data to include specified information, including the time, date, and location of the stop, and the reason for the stop. The bill would require an agency that employs 1,000 or more peace officers to issue its first annual report by April 1, 2019. The bill would require an agency that employs 667 or more but less than 1,000 peace officers to issue its first annual report by April 1, 2020. The bill would require an agency that employs 334 or more but less than 667 peace officers to issue its first annual report by April 1, 2022. The bill would require an agency that employs one or more but less than 334 peace officers to issue its first annual report by April 1, 2023. +By imposing a higher level of service on local entities that employ peace officers, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 12525.5 to the Government Code, and to amend Sections 13012 and 13519.4 of the Penal Code, relating to racial profiling." +681,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature hereby finds and declares +the following: +as follows: +(a) Many areas of the state are disproportionately impacted by drought because they are heavily dependent or completely reliant on groundwater from basins that are in overdraft and in which the water table declines year after year or from basins that are contaminated. +(b) There are a number of state grant and loan programs that provide financial assistance to communities to address drinking water and wastewater needs. Unfortunately, there is no program in place to provide similar assistance to individual homeowners who are reliant on their own groundwater wells and who may not be able to afford conventional private loans to undertake vital water supply, water quality, and wastewater improvements. +(c) The program created by this act is intended to bridge that gap by providing low-interest loans, grants, or both, to individual homeowners to undertake actions necessary to provide safer, cleaner, and more reliable drinking water and wastewater treatment. These actions may include, but are not limited to, digging deeper wells, improving existing wells and related equipment, addressing drinking water contaminants in the homeowner’s water, or connecting to a local water or wastewater system. +SEC. 2. +Chapter 6.6 (commencing with Section 13486) is added to Division 7 of the Water Code, to read: +CHAPTER 6.6. Water and Wastewater Loan and Grant Program +13486. +(a) The board shall establish a program in accordance with this chapter to provide low-interest loans and grants to local agencies for low-interest loans and grants to eligible applicants for any of the following purposes: +(1) Extending or connecting service lines from a water or wastewater system to the applicant’s residence or plumbing. +(2) Paying reasonable charges or fees for connecting to a water or wastewater system. +(3) Paying costs to close abandoned septic tanks and water wells, as necessary, to protect health and safety as required by local or state law. +(4) Deepening an existing groundwater well. +(5) Improving an existing groundwater well, including associated equipment. +(6) Installing a water treatment system if the groundwater exceeds a primary or secondary drinking standard, as defined in Section 116275 of the Health and Safety Code. +(b) The board may adopt any regulation it determines is necessary to carry out the purposes of the chapter. A regulation adopted pursuant to this subdivision shall not be subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. +13487. +(a) The Water and Wastewater Loan and Grant Fund is hereby created in the State Treasury. The moneys in the Water and Wastewater Loan and Grant Fund are available, upon appropriation by the Legislature, to the board for expenditure in accordance with this chapter. +(b) The following moneys shall be deposited in the Water and Wastewater Loan and Grant Fund: +(1) Moneys repaid to the board pursuant to a grant or loan made in accordance with this chapter, including interest payments. +(2) Notwithstanding Section 16475 of the Government Code, any interest earned upon the moneys in the Water and Wastewater Loan and Grant Fund. +13488. +(a) An eligible applicant for a loan shall meet all of the following criteria: +(1) Have a household income below the statewide median household income. +(2) Have an ownership interest in the residence. +(3) Be unable to obtain financial assistance at reasonable terms and conditions from private lenders and lack the personal resources to undertake these improvements. +(4) Demonstrate an ability to repay the loan. This requirement may be satisfied by having another party join the application as a cosigner. +(b) Any loan granted shall be secured by a mortgage on the residence and repaid within 20 years in accordance with terms established by the board. The interest rate on the loan shall not exceed 1 percent. While any balance on the loan is outstanding, a loan recipient shall furnish evidence of and continually maintain homeowner’s insurance on the security residence to protect the state’s interest in the residence. +(c) The board may enter into a contract with a private financial institution to provide loans consistent with the purposes of this chapter. If the board exercises this authority, the board may utilize a portion of the moneys in the Water and Wastewater Loan and Grant Fund to provide a loan guarantee or similar loss mitigation mechanism. +13489. +(a) An eligible applicant for a grant shall meet all of the following criteria: +(1) Have a household income that is 60 percent or less of the statewide median household income. +(2) Have an ownership interest in the residence. +(3) Be unable to obtain financial assistance at reasonable terms and conditions from private lenders and lack the personal resources to undertake these improvements. +(b) A grant recipient shall repay to the board the grant amount in full if that recipient sells the residence less than five years from the date that the grant agreement was signed. +(c) A grant recipient shall repay to the board any unused grant funds. +SEC. 3. +Ten million dollars ($10,000,000) is hereby transferred from the General Fund to the Water and Wastewater Loan and Grant Fund. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to provide eligible households with access to safer, cleaner, and more reliable drinking water and wastewater treatment during California’s prolonged drought, it is necessary that this act take effect immediately.","Existing law, the Safe Drinking Water State Revolving Fund Law of 1997, establishes the Safe Drinking Water State Revolving Fund to provide grants or revolving fund loans for the design and construction of projects for public water systems that will enable those systems to meet safe drinking water standards. +This bill would require the State Water Resources Control Board to establish a program to provide low-interest loans and grants to local agencies for low-interest loans and grants to eligible applicants for specified purposes relating to drinking water and wastewater treatment. This bill would create the Water and Wastewater Loan and Grant Fund and provide that the moneys in this fund are available, upon appropriation by the Legislature, to the board for expenditure for the program. This bill would transfer to the Water and Wastewater Loan and Grant Fund $10,000,000 from the General Fund. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Chapter 6.6 (commencing with Section 13486) to Division 7 of the Water Code, relating to water, and declaring the urgency thereof, to take effect immediately." +682,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) It is the goal of state government, in collecting demographic data, to gather accurate information in order to understand, compare, report, and apply that data to the enhancement and improvement of public services. +(b) Currently, the state does not consistently collect demographic data related to sexual orientation or gender identity. +(c) The limited data available for the Lesbian, Gay, Bisexual, and Transgender (LGBT) communities includes all of the following: +(1) According to a University of California, Los Angeles, study from the Williams Institute, nearly one in five children being raised by same-sex couples (approximately 24 percent) live in poverty compared to 14 percent of children being raised by different-sex couples. +(2) Data from a 2013 Williams Institute report on patterns of poverty of LGBT communities shows that one-third of lesbian couples and 20.1 percent of gay male couples without a high school diploma are in poverty, compared to 18.8 percent of different-sex married couples. The report further showed African American same-sex couples have poverty rates more than twice the rate of different-sex married African American couples and there are high levels of poverty in bisexual individuals in California reaching approximately 25 percent of bisexual people compared to 17 percent for heterosexual people. +(3) According to the California Department of Justice, in 2013, hate crimes with a sexual orientation bias motivation were the second most common type of hate crime, comprising 25 percent of all hate crimes. +(4) Various studies, including those by the United States Department of Health and Human Services and the Institute of Medicine, found that health disparities impacting lesbian, gay, bisexual, and transgender include higher risks for cancer, mental illness, and other diseases, as well as higher rates of smoking and substance abuse. +(5) Research from the Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning (LGBTQ) Reducing Disparities Project found that LGBTQ respondents statewide reported troublesome experiences with service providers in regard to how accepting or rejecting service providers have been of their sexual orientation and gender identity/expression. Further, LGBTQ respondents reported difficulty finding providers knowledgeable and accepting of sexual orientation and gender identity concerns. +(d) Due to historical systemic exclusion of data collection of LGBT communities, significant disparities in their health and welfare have been prolonged compared to the broader community. LGBT communities face disproportionately high rates of poverty, suicide, homelessness, isolation, substance abuse, and violence, and low rates of health insurance. These problems are more prevalent for youth and seniors, communities of color, and bisexual and transgender and undocumented communities. +(e) It is in the best interests of the state to respect, embrace, and understand the full diversity of its residents and to collect accurate data to effectively implement and deliver critical state services and programs. +(f) It is the intent of the Legislature that the state departments specified in Section 8310.8 of the Government Code, as added by Section 2 of this act, utilize existing work and research, including, but not limited to, referencing research on promising and community-defined practices and stakeholders when developing questions to collect voluntary self-identified information pertaining to sexual orientation and gender identity. Further, it is the intent of the Legislature that the state departments specified in subdivision (a) of Section 8310.8 of the Government Code, as added by Section 2 of this act, that collect demographic data consider urging the collection of voluntary self-identified information pertaining to sexual orientation and gender identity in circumstances where an entity not covered by this act does not already collect this information. +SEC. 2. +Section 8310.8 is added to the Government Code, to read: +8310.8. +(a) (1) This section shall only apply to the following state departments: +(A) The State Department of Health Care Services. +(B) The State Department of Public Health. +(C) The State Department of Social Services. +(D) The California Department of Aging. +(2) This section shall be known and may be cited as the Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act. +(b) (1) Except as specified in paragraph (2), in addition to the duties imposed by Section 8310.5 and to the extent permissible by federal law, the state departments identified in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, shall collect voluntary self-identification information pertaining to sexual orientation and gender identity. +(2) The departments identified in subdivision (a) may, but are not required to, collect demographic data pursuant to this section under either of the following circumstances: +(A) Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey. +(B) Demographic data is collected by other entities including: +(i) State offices, departments, and agencies not included in subdivision (a). +(ii) Surveys administered by third-party entities and where the state department is not the sole funder. +(c) (1) During the regular process of reporting of demographic data to the Legislature, the state departments identified in subdivision (a) shall report the data collected pursuant to this section and the method used to collect that data, and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and shall not be disclosed. +(2) The state departments identified in subdivision (a) shall not report demographic data that would permit identification of individuals or would result in statistical unreliability. Demographic reports on data collected pursuant to this section, to prevent identification of individuals, may aggregate categories at a state, county, city, census tract, or zip code level to facilitate comparisons and identify disparities. +(3) The state departments identified in subdivision (a) may use information voluntarily provided about sexual orientation and gender identity only for demographic analysis, coordination of care, quality improvement of its services, conducting approved research, fulfilling reporting requirements, and guiding policy or funding decisions. All information about sexual orientation and gender identity collected pursuant to this section shall be used only for purposes specified in this section. +(d) The state departments identified in subdivision (a) shall come into compliance with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2018. +SEC. 3. +The Legislature finds and declares that Section 2 of this act, which adds Section 8310.8 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +Due to the sensitive general nature of data relating to sexual orientation and gender identity and the need to protect the safety of those who would provide voluntary self-identification information pertaining to their sexual orientation and gender identity, it is necessary to prohibit the public disclosure of personal identifying information that would allow the identification of an individual who provided voluntary self-identification information pertaining to sexual orientation and gender identity.","(1) Existing law requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for each major Asian and Pacific Islander groups, as specified. +This bill would require 4 specific state departments, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation and gender identity, except as specified. This bill would require these state departments, during the regular process of reporting of demographic data to the Legislature, to report the collected data and method used to collect the data and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and prohibited from disclosure. The bill would prohibit these state departments from reporting demographic data that would permit identification of individuals or would result in statistical unreliability. The bill would limit the use of the collected data by these state departments, as specified. The bill would require these state departments to come into compliance with these provisions as early as possible, but no later than July 1, 2018. This bill would make legislative findings and declarations relating to this act. +(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to add Section 8310.8 to the Government Code, relating to data collection." +683,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7613 of the Family Code is amended to read: +7613. +(a) If a woman conceives through assisted reproduction with semen or ova or both donated by a donor not her spouse, with the consent of another intended parent, that intended parent is treated in law as if he or she were the natural parent of a child thereby conceived. The other intended parent’s consent shall be in writing and signed by the other intended parent and the woman conceiving through assisted reproduction. +(b) (1) The donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in assisted reproduction by a woman other than the donor’s spouse is treated in law as if he were not the natural parent of a child thereby conceived, unless otherwise agreed to in a writing signed by the donor and the woman prior to the conception of the child. +(2) If the semen is not provided to a licensed physician and surgeon or a licensed sperm bank as specified in paragraph (1), the donor of semen for use in assisted reproduction by a woman other than the donor’s spouse is treated in law as if he were not the natural parent of a child thereby conceived if either of the following are met: +(A) The donor and the woman agreed in a writing signed prior to conception that the donor would not be a parent. +(B) A court finds by clear and convincing evidence that the child was conceived through assisted reproduction and that, prior to the conception of the child, the woman and the donor had an oral agreement that the donor would not be a parent. +(3) Paragraphs (1) and (2) do not apply to a man who provided semen for use in assisted reproduction by a woman other than the man’s spouse pursuant to a written agreement signed by the man and the woman prior to conception of the child stating that they intended for the man to be a parent. +(c) The donor of ova for use in assisted reproduction by a woman other than the donor’s spouse or nonmarital partner is treated in law as if she were not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the donor and the woman intended for the donor to be a parent. +SEC. 2. +Section 7613.5 of the Family Code is amended to read: +7613.5. +(a) An intended parent may, but is not required to, use the forms set forth in this section to demonstrate his or her intent to be a legal parent of a child conceived through assisted reproduction. These forms shall satisfy the writing requirement specified in Section 7613, and are designed to provide clarity regarding the intentions, at the time of conception, of intended parents using assisted reproduction. These forms do not affect any presumptions of parentage based on Section 7611, and do not preclude a court from considering any other claims to parentage under California statute or case law. +(b) These forms apply only in very limited circumstances. Please read the forms carefully to see if you qualify for use of the forms. +(c) These forms do not apply to assisted reproduction agreements for gestational carriers or surrogacy agreements. +(d) Nothing in this section shall be interpreted to require the use of one of these forms to satisfy the writing requirement of Section 7613. +(e) The following are the optional California Statutory Forms for Assisted Reproduction: +California Statutory Forms for Assisted Reproduction, Form 1: +Two Married or Unmarried People Using Assisted Reproduction to Conceive a Child +Use this form if: You and another intended parent, who may be your spouse or registered domestic partner, are conceiving a child through assisted reproduction using sperm and/or egg donation; and one of you will be giving birth. +WARNING: Signing this form does not terminate the parentage claim of a sperm donor. A sperm donor’s claim to parentage is terminated if the sperm is provided to a licensed physician and surgeon or to a licensed sperm bank prior to insemination, or if you conceive without having sexual intercourse and you have a written agreement signed by you and the donor that you will conceive using assisted reproduction and do not intend for the donor to be a parent, as required by Section 7613(b) of the Family Code. +The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. Even if you do not fill out this form, a spouse or domestic partner of the parent giving birth is presumed to be a legal parent of any child born during the marriage or domestic partnership. +This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using sperm and/or egg donation. +I, ____________________ (print name of person not giving birth), intend to be a parent of a child that ____________________ (print name of person giving birth) will or has conceived through assisted reproduction using sperm and/or egg donation. I consent to the use of assisted reproduction by the person who will give birth. I INTEND to be a parent of the child conceived. +SIGNATURES +Intended parent who will give birth: ___________________ (print name) +________________________ (signature) ____________(date) +Intended parent who will not give birth: ____________ (print name) +_________________________ (signature) ___________(date) +NOTARY ACKNOWLEDGMENT +State of California +County of ) _____ +On before me, (insert name and title of the officer) +personally appeared , +who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. +I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. +WITNESS my hand and official seal. +Signature(Seal) +California Statutory Forms for Assisted Reproduction, Form 2: +Unmarried, Intended Parents Using Intended Parent’s Sperm to Conceive a Child +Use this form if: (1) Neither you or the other person are married or in a registered domestic partnership (including a registered domestic partnership or civil union from another state); (2) one of you will give birth to a child conceived through assisted reproduction using the intended parent’s sperm; and (3) you both intend to be parents of that child. +Do not use this form if you are conceiving using a surrogate. +WARNING: If you do not sign this form, or a similar agreement, you may be treated as a sperm donor if you conceive without having sexual intercourse according to Section 7613(b) of the Family Code. +The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. +This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using sperm donation. +I, ____________________ (print name of parent giving birth), plan to use assisted reproduction with another intended parent who is providing sperm to conceive the child. I am not married and am not in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction), and I INTEND for the person providing sperm to be a parent of the child to be conceived. +I, ____________________ (print name of parent providing sperm), plan to use assisted reproduction to conceive a child using my sperm with the parent giving birth. I am not married and am not in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction), and I INTEND to be a parent of the child to be conceived. +SIGNATURES +Intended parent giving birth: ___________________ (print name) +________________________ (signature) ____________(date) +Intended parent providing sperm: ____________ (print name) +_________________________ (signature) ___________(date) +NOTARY ACKNOWLEDGMENT +State of California +County of ) _____ +On before me, (insert name and title of the officer) +personally appeared , +who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. +I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. +WITNESS my hand and official seal. +Signature(Seal) +California Statutory Forms for Assisted Reproduction, Form 3: +Intended Parents Conceiving a Child Using Eggs from One Parent and the Other Parent Will Give Birth +Use this form if: You are conceiving a child using the eggs from one of you and the other person will give birth to the child; (2) and you both intend to be parents to that child. +Do not use this form if you are conceiving using a surrogate. +WARNING: Signing this form does not terminate the parentage claim of a sperm donor. A sperm donor’s claim to parentage is terminated if the sperm is provided to a licensed physician and surgeon or to a licensed sperm bank prior to insemination, or if you conceive without having sexual intercourse and you have a written agreement signed by you and the donor that you will conceive using assisted reproduction and do not intend for the donor to be a parent, as required by Section 7613(b) of the Family Code. +The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. +This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using eggs from one parent and the other parent will give birth to the child. +I, ____________________ (print name of parent giving birth), plan to use assisted reproduction to conceive and give birth to a child with another person who will provide eggs to conceive the child. I INTEND for the person providing eggs to be a parent of the child to be conceived. +I, ____________________ (print name of parent providing eggs), plan to use assisted reproduction to conceive a child with another person who will give birth to the child conceived using my eggs. I INTEND to be a parent of the child to be conceived. +SIGNATURES +Intended parent giving birth: ___________________ (print name) +________________________ (signature) ____________(date) +Intended parent providing eggs: ____________ (print name) +_________________________ (signature) ___________(date) +NOTARY ACKNOWLEDGMENT +State of California +County of ) _____ +On before me, (insert name and title of the officer) +personally appeared , +who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. +I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. +WITNESS my hand and official seal. +Signature(Seal) +California Statutory Forms for Assisted Reproduction, Form 4: +Intended Parent(s) Using a Known Sperm and/or Egg Donor(s) to Conceive a Child +Use this form if: You are using a known sperm and/or egg donor(s), or embryo donation, to conceive a child and you do not intend for the donor(s) to be a parent. +Do not use this form if you are conceiving using a surrogate. +If you do not sign this form or a similar agreement, your sperm donor may be treated as a parent unless the sperm is provided to a licensed physician and surgeon or to a licensed sperm bank prior to insemination, or a court finds by clear and convincing evidence that you planned to conceive through assisted reproduction and did not intend for the donor to be a parent, as required by Section 7613(b) of the Family Code. If you do not sign this form or a similar agreement, your egg donor may be treated as a parent unless a court finds that there is satisfactory evidence that you planned to conceive through assisted reproduction and did not intend for the donor to be a parent, as required by Section 7613(c) of the Family Code. +The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. +This form demonstrates your intent that your sperm and/or egg or embryo donor(s) will not be a parent or parents of the child you plan to conceive through assisted reproduction. +I, ____________________ (print name of parent giving birth), plan to use assisted reproduction to conceive using a sperm and/or egg donor(s) or embryo donation, and I DO NOT INTEND for the sperm and/or egg or embryo donor(s) to be a parent of the child to be conceived. +(If applicable) I, ____________________ (print name of sperm donor), plan to donate my sperm to____________________ (print name of parent giving birth and second parent if applicable). I am not married and am not in a registered domestic partnership (including a registered domestic partnership or a civil union from another jurisdiction) with ____________________ (print name of parent giving birth), and I DO NOT INTEND to be a parent of the child to be conceived. +(If applicable) I, ____________________ (print name of egg donor), plan to donate my ova to____________________ (print name of parent giving birth and second parent if applicable). I am not married and am not in a registered domestic partnership (including a registered domestic partnership or a civil union from another jurisdiction) with ____________________ (print name of parent giving birth), or any intimate and nonmarital relationship with ____________________ (print name of parent giving birth) and I DO NOT INTEND to be a parent of the child to be conceived. +(If applicable) I, ____________________ (print name of intended parent not giving birth), INTEND to be a parent of the child that____________________ (print name of parent giving birth) will conceive through assisted reproduction using sperm and/or egg donation and I DO NOT INTEND for the sperm and/or egg or embryo donor(s) to be a parent. I consent to the use of assisted reproduction by the person who will give birth. +SIGNATURES +Intended parent giving birth: ___________________ (print name) +________________________ (signature) ____________(date) +(If applicable) Sperm Donor: ___________________ (print name) +________________________ (signature) ____________(date) +(If applicable) Egg Donor: ___________________ (print name) +________________________ (signature) ____________(date) +(If applicable) Intended parent not giving birth: ____________ (print name) +_________________________ (signature) ___________(date) +NOTARY ACKNOWLEDGMENT +State of California +County of ) _____ +On before me, (insert name and title of the officer) +personally appeared , +who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. +I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. +WITNESS my hand and official seal. +Signature(Seal)","Existing law provides that the spouse of a woman who conceives through assisted reproduction with semen donated by a man not her husband is treated as if he or she were the natural parent of the child. Existing law further provides that the donor of semen provided to a licensed physician or to a licensed sperm bank for use in artificial insemination or in vitro fertilization of a woman other than the donor’s wife is treated as if he were not the natural father of the child. +This bill would provide that the donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in assisted reproduction is treated as if he were not the natural parent of the child unless otherwise agreed to in a writing signed by the donor and woman prior to the conception of the child. The bill would also provide, if the semen is not provided to a licensed physician and surgeon or a licensed sperm bank, that the donor of semen for use in assisted reproduction by a woman other than the donor’s spouse is treated in law as if he were not the natural parent of the child if either the donor and the woman agreed in a writing prior to conception that the donor would not be a parent or a court finds by clear and convincing evidence that the child was conceived through assisted reproduction and that, prior to the conception of the child, the woman and the donor had an oral agreement that the donor would not be a parent. The bill would provide that the donor of ova for use in assisted reproduction is treated as if she were not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the donor and the woman intended for the donor to be a parent. +This bill would also create a new form for assisted reproduction that would provide clarity regarding a person’s intent to be a legal parent if he or she is using assisted reproduction that results in a child at the time of conception from a known sperm or ova donor. The bill would also state that the use of this form, if signed prior to the conception of a child, is presumed to satisfy the writing requirement described above.","An act to amend Sections 7613 and 7613.5 of the Family Code, relating to parentage." +684,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 667.61 of the Penal Code is amended to read: +667.61. +(a) Except as provided in subdivision (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 25 years to life. +(b) Except as provided in subdivision (a), (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 15 years to life. +(c) This section shall apply to any of the following offenses: +(1) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261. +(2) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262. +(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. +(4) Lewd or lascivious act, in violation of subdivision (b) of Section 288. +(5) Sexual penetration, in violation of subdivision (a) of Section 289. +(6) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286. +(7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 288a. +(8) Lewd or lascivious act, in violation of subdivision (a) of Section 288. +(9) Continuous sexual abuse of a +child, +child +in violation of Section 288.5. +(10) Rape in violation of paragraph (1) of subdivision (a) of Section 261, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. +(11) Sexual penetration, in violation of subdivision (b) of Section 289, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. +(12) Sodomy, in violation of subdivision (g) of Section 286, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. +(13) Oral copulation, in violation of subdivision (g) of Section 288a, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. +(d) The following circumstances shall apply to the offenses specified in subdivision (c): +(1) The defendant has been previously convicted of an offense specified in subdivision (c), including an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c). +(2) The defendant kidnapped the victim of the present offense and the movement of the victim substantially increased the risk of harm to the victim over and above that level of risk necessarily inherent in the underlying offense in subdivision (c). +(3) The defendant inflicted aggravated mayhem or torture on the victim or another person in the commission of the present offense in violation of Section 205 or 206. +(4) The defendant committed the present offense during the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, with intent to commit an offense specified in subdivision (c). +(5) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (2), (3), or (4) of this subdivision. +(6) The defendant personally inflicted great bodily injury on the victim or another person in the commission of the present offense in violation of Section 12022.53, 12022.7, or 12022.8. +(7) The defendant personally inflicted bodily harm on the victim who was under 14 years of age. +(e) The following circumstances shall apply to the offenses specified in subdivision (c): +(1) Except as provided in paragraph (2) of subdivision (d), the defendant kidnapped the victim of the present offense in violation of Section 207, 209, or 209.5. +(2) Except as provided in paragraph (4) of subdivision (d), the defendant committed the present offense during the commission of a burglary in violation of Section 459. +(3) The defendant personally used a dangerous or deadly weapon or a firearm in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5, or 12022.53. +(4) The defendant has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim. +(5) The defendant engaged in the tying or binding of the victim or another person in the commission of the present offense. +(6) The defendant administered a controlled substance to the victim in the commission of the present offense in violation of Section 12022.75. +(7) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (1), (2), (3), (5), or (6) of this subdivision or paragraph (6) of subdivision (d). +(f) If only the minimum number of circumstances specified in subdivision (d) or (e) that are required for the punishment provided in subdivision (a), (b), (j), (l), or (m) to apply have been pled and proved, that circumstance or those circumstances shall be used as the basis for imposing the term provided in subdivision (a), (b), (j), (l), or (m) whichever is greater, rather than being used to impose the punishment authorized under any other provision of law, unless another provision of law provides for a greater penalty or the punishment under another provision of law can be imposed in addition to the punishment provided by this section. However, if any additional circumstance or circumstances specified in subdivision (d) or (e) have been pled and proved, the minimum number of circumstances shall be used as the basis for imposing the term provided in subdivision (a), (j), or (l) and any other additional circumstance or circumstances shall be used to impose any punishment or enhancement authorized under any other provision of law. +(g) Notwithstanding Section 1385 or any other provision of law, the court shall not strike any allegation, admission, or finding of any of the circumstances specified in subdivision (d) or (e) for any person who is subject to punishment under this section. +(h) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person who is subject to punishment under this section. +(i) For any offense specified in paragraphs (1) to (7), inclusive, of subdivision (c), or in paragraphs (1) to (6), inclusive, of subdivision (n), the court shall impose a consecutive sentence for each offense that results in a conviction under this section if the crimes involve separate victims or involve the same victim on separate occasions +, +as defined in subdivision (d) of Section 667.6. +(j) (1) Any person who is convicted of an offense specified in subdivision (c), with the exception of a violation of subdivision (a) of Section 288, upon a victim who is a child under 14 years of age under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), shall be punished by imprisonment in the state prison for life without the possibility of parole. Where the person was under 18 years of age at the time of the offense, the person shall be punished by imprisonment in the state prison for 25 years to life. +(2) Any person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e), upon a victim who is a child under 14 years of age, shall be punished by imprisonment in the state prison for 25 years to life. +(k) As used in this section, “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit an offense specified in subdivision (c). +(l) Any person who is convicted of an offense specified in subdivision (n) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), upon a victim who is a minor 14 years of age or older shall be punished by imprisonment in the state prison for life without the possibility of parole. If the person who was convicted was under 18 years of age at the time of the offense, he or she shall be punished by imprisonment in the state prison for 25 years to life. +(m) Any person who is convicted of an offense specified in subdivision (n) under one of the circumstances specified in subdivision (e) against a minor 14 years of age or older shall be punished by imprisonment in the state prison for 25 years to life. +(n) Subdivisions (l) and (m) shall apply to any of the following offenses: +(1) Rape, in violation of paragraph (2) of subdivision (a) of Section 261. +(2) Spousal rape, in violation of paragraph (1) of subdivision (a) of Section 262. +(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. +(4) Sexual penetration, in violation of paragraph (1) of subdivision (a) of Section 289. +(5) Sodomy, in violation of paragraph (2) of subdivision (c) of Section 286, or in violation of subdivision (d) of Section 286. +(6) Oral copulation, in violation of paragraph (2) of subdivision (c) of Section 288a, or in violation of subdivision (d) of Section 288a. +(7) Rape in violation of paragraph (1) of subdivision (a) of Section 261, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. +(8) Sexual penetration, in violation of subdivision (b) of Section 289, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. +(9) Sodomy, in violation of subdivision (g) of Section 286, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. +(10) Oral copulation, in violation of subdivision (g) of Section 288a, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. +(o) The penalties provided in this section shall apply only if the existence of any circumstance specified in subdivision (d) or (e) is alleged in the accusatory pleading pursuant to this section, and is either admitted by the defendant in open court or found to be true by the trier of fact. +SEC. 2. +Section 667.9 of the Penal Code is amended to read: +667.9. +(a) Any person who commits one or more of the crimes specified in subdivision (c) against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under the age of 14 years, and that disability or condition is known or reasonably should be known to the person committing the crime, shall receive a one-year enhancement for each violation. +(b) Any person who commits a violation of subdivision (a) and who has a prior conviction for any of the offenses specified in subdivision (c), shall receive a two-year enhancement for each violation in addition to the sentence provided under Section 667. +(c) Subdivisions (a) and (b) apply to the following crimes: +(1) Mayhem, in violation of Section 203 or 205. +(2) Kidnapping, in violation of Section 207, 209, or 209.5. +(3) Robbery, in violation of Section 211. +(4) Carjacking, in violation of Section 215. +(5) Rape, in violation of paragraph +(2) +(1), (2), +or (6) of subdivision (a) of Section 261. +(6) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262. +(7) Rape, spousal rape, or sexual penetration in concert, in violation of Section 264.1. +(8) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision +(d), +(d) or (g), +of Section 286. +(9) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision +(d), +(d) or (g), +of Section 288a. +(10) Sexual penetration, in violation of subdivision (a) +or (b) +of Section 289. +(11) Burglary of the first degree, as defined in Section 460, in violation of Section 459. +(d) As used in this section, “developmentally disabled” means a severe, chronic disability of a person, which is all of the following: +(1) Attributable to a mental or physical impairment or a combination of mental and physical impairments. +(2) Likely to continue indefinitely. +(3) Results in substantial functional limitation in three or more of the following areas of life activity: +(A) Self-care. +(B) Receptive and expressive language. +(C) Learning. +(D) Mobility. +(E) Self-direction. +(F) Capacity for independent living. +(G) Economic self-sufficiency. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law, as amended by Proposition 83, the Sexual Predator Punishment and Control Act (Jessica’s Law), approved by the voters at the November 7, 2006, statewide general election, makes a defendant punisable by imprisonment in the state prison for 25 years to life if convicted of certain crimes, including rape, sexual penetration, sodomy, oral copulation, continuous sexual abuse of a child, or rape, spousal rape, or sexual penetration in concert, if certain circumstances were present, including, among other things, in the commission of that offense, any person kidnapped the victim, tortured the victim, or committed the offense during the commission of a burglary, as specified. Existing law also makes a defendant punishable by imprisonment in the state prison for 15 years to life if convicted of certain crimes, including rape, sexual penetration, sodomy, oral copulation, continuous sexual abuse of a child, or rape, spousal rape, or sexual penetration in concert, if certain circumstances were present, including, among other things, in the commission of that offense any person, except as specified in the provisions above, kidnapped the victim, committed the offense during the commission of a burglary, or used a dangerous or deadly weapon in the commission of the offense. Proposition 83 provides that the Legislature may amend the provisions of the act to expand the scope of their application or increase the punishment or penalties by a statute passed by a majority vote of each house of the Legislature. +This bill would add the crimes of rape, sexual penetration, sodomy, and oral copulation, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, to the above provisions, if the victim is developmentally disabled, as defined. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. +(2) Existing law makes a defendant punishable by imprisonment in the state prison for 25 years to life if convicted of certain crimes, including rape, spousal rape or sexual penetration in concert, sexual penetration, sodomy, or oral copulation if certain circumstances were present, including, among other things, in the commission of that offense any person kidnapped the victim, committed the offense during the commission of a burglary, or used a dangerous or deadly weapon in the commission of the offense, or under other specified circumstances, and the crime was committed against a minor 14 years of age or older. +This bill would add the crimes of rape, sexual penetration, sodomy, and oral copulation, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, to the above provisions, if the victim is developmentally disabled, as defined. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. +(3) Existing law requires that a person who commits certain enumerated crimes, including rape, sodomy, oral copulation, and sexual penetration, against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under 14 years of age, receive a one-year sentence enhancement and requires that any person having a prior conviction for any of the enumerated offenses receive a 2-year sentence enhancement. +This bill would add to the enumerated list of crimes rape, sodomy, oral copulation, and sexual penetration, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. +(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 667.61 and 667.9 of the Penal Code, relating to sex offenses." +685,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 558 of the Labor Code is amended to read: +558. +(a) Any employer or other person acting on behalf of an employer who violates, or causes to be violated, a section of this chapter or any provision regulating hours and days of work in any order of the Industrial Welfare Commission shall be subject to a civil penalty as follows: +(1) For any initial violation, fifty dollars ($50) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. +(2) For each subsequent violation, one hundred dollars ($100) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. +(3) Wages recovered pursuant to this section shall be paid to the affected employee. +(b) If upon inspection or investigation the Labor Commissioner determines that a person had paid or caused to be paid a wage for overtime work in violation of any provision of this chapter, any provision regulating hours and days of work in any order of the Industrial Welfare Commission, or any applicable local overtime law, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for a violation of this chapter shall be the same as those set out in Section 1197.1. +(c) In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local overtime law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local overtime law if the local entity has not cited the employer for the same violation. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation. +(d) The civil penalties provided for in this section are in addition to any other civil or criminal penalty provided by law. +(e) This section does not change the applicability of local overtime wage laws to any entity. +SEC. 2. +Section 1197 of the Labor Code is amended to read: +1197. +The minimum wage for employees fixed by the commission or by any applicable state or local law, is the minimum wage to be paid to employees, and the payment of a lower wage than the minimum so fixed is unlawful. This section does not change the applicability of local minimum wage laws to any entity. +SEC. 3. +Section 1197.1 of the Labor Code is amended to read: +1197.1. +(a) Any employer or other person acting either individually or as an officer, agent, or employee of another person, who pays or causes to be paid to any employee a wage less than the minimum fixed by an applicable state or local law, or by an order of the commission shall be subject to a civil penalty, restitution of wages, liquidated damages payable to the employee, and any applicable penalties imposed pursuant to Section 203 as follows: +(1) For any initial violation that is intentionally committed, one hundred dollars ($100) for each underpaid employee for each pay period for which the employee is underpaid. This amount shall be in addition to an amount sufficient to recover underpaid wages, liquidated damages pursuant to Section 1194.2, and any applicable penalties imposed pursuant to Section 203. +(2) For each subsequent violation for the same specific offense, two hundred fifty dollars ($250) for each underpaid employee for each pay period for which the employee is underpaid regardless of whether the initial violation is intentionally committed. This amount shall be in addition to an amount sufficient to recover underpaid wages, liquidated damages pursuant to Section 1194.2, and any applicable penalties imposed pursuant to Section 203. +(3) Wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203, recovered pursuant to this section shall be paid to the affected employee. +(b) If, upon inspection or investigation, the Labor Commissioner determines that a person has paid or caused to be paid a wage less than the minimum under applicable law, the Labor Commissioner may issue a citation to the person in violation. The citation may be served personally or by registered mail in accordance with subdivision (c) of Section 11505 of the Government Code. Each citation shall be in writing and shall describe the nature of the violation, including reference to the statutory provision alleged to have been violated. The Labor Commissioner promptly shall take all appropriate action, in accordance with this section, to enforce the citation and to recover the civil penalty assessed, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 in connection with the citation. +(c) (1) If a person desires to contest a citation or the proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 therefor, the person shall, within 15 business days after service of the citation, notify the office of the Labor Commissioner that appears on the citation of his or her request for an informal hearing. The Labor Commissioner or his or her deputy or agent shall, within 30 days, hold a hearing at the conclusion of which the citation or proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 shall be affirmed, modified, or dismissed. +(2) The decision of the Labor Commissioner shall consist of a notice of findings, findings, and an order, all of which shall be served on all parties to the hearing within 15 days after the hearing by regular first-class mail at the last known address of the party on file with the Labor Commissioner. Service shall be completed pursuant to Section 1013 of the Code of Civil Procedure. Any amount found due by the Labor Commissioner as a result of a hearing shall become due and payable 45 days after notice of the findings and written findings and order have been mailed to the party assessed. A writ of mandate may be taken from this finding to the appropriate superior court. The party shall pay any judgment and costs ultimately rendered by the court against the party for the assessment. The writ shall be taken within 45 days of service of the notice of findings, findings, and order thereon. +(d) A person to whom a citation has been issued shall, in lieu of contesting a citation pursuant to this section, transmit to the office of the Labor Commissioner designated on the citation the amount specified for the violation within 15 business days after issuance of the citation. +(e) When no petition objecting to a citation or the proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 is filed, a certified copy of the citation or proposed civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the citation or proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203. +(f) When findings and the order thereon are made affirming or modifying a citation or proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 after hearing, a certified copy of these findings and the order entered thereon may be entered by the Labor Commissioner in the office of the clerk of the superior court in any county in which the person assessed has property or in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the certified order. +(g) A judgment entered pursuant to this section shall bear the same rate of interest and shall have the same effect as other judgments and be given the same preference allowed by the law on other judgments rendered for claims for taxes. The clerk shall make no charge for the service provided by this section to be performed by him or her. +(h) In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local minimum wage law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local minimum wage law if the local entity has not cited the employer for the same violation. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation. +(i) The civil penalties provided for in this section are in addition to any other penalty provided by law. +(j) This section shall not apply to any order of the commission relating to household occupations. +(k) This section does not change the applicability of local minimum wage laws to any entity. +SEC. 4. +Section 2802 of the Labor Code is amended to read: +2802. +(a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful. +(b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss. +(c) For purposes of this section, the term “necessary expenditures or losses” shall include all reasonable costs, including, but not limited to, attorney’s fees incurred by the employee enforcing the rights granted by this section. +(d) In addition to recovery of penalties under this section in a court action or proceedings pursuant to Section 98, the commissioner may issue a citation against an employer or other person acting on behalf of the employer who violates reimbursement obligations for an amount determined to be due to an employee under this section. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1. Amounts recovered pursuant to this section shall be paid to the affected employee. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law authorizes the Labor Commissioner to investigate and enforce statutes and orders of the Industrial Welfare Commission that, among other things, specify the requirements for the payment of wages by employers. Existing law provides for criminal and civil penalties for violations of statutes and orders of the commission regarding payment of wages. +This bill would, in addition, authorize the Labor Commissioner to investigate and, upon a request from the local entity, to enforce local laws regarding overtime hours or minimum wage provisions and to issue citations and penalties for violations, except when the local entity has already issued a citation for the same violation. The bill would prohibit a local entity from issuing a citation to the employer if the Labor Commissioner has already issued a citation to that employer for the same violation. This bill also would make related conforming changes. By expanding the definition of a crime, this bill would create a state-mandated local program. +(2) Existing law requires an employer to indemnify his or her employees for all that the employee necessarily expends or loses in direct consequence of the discharge of the employee’s duties or as a result of obeying the employer’s directions. Existing law provides an aggrieved employee with a private right of action to recover these expenditures. +This bill would, additionally, authorize the Labor Commissioner to enforce these provisions by issuing citations and penalties to employers for violations of this requirement, as specified. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 558, 1197, 1197.1, and 2802 of the Labor Code, relating to employment." +686,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 13480 of the Water Code is amended to read: +13480. +(a) Moneys in the fund shall be used only for the permissible purposes allowed by the federal act or a federal capitalization grant deposited in the fund, to the extent authorized and funded by that grant, including providing financial assistance for the following purposes: +(1) The construction of publicly owned treatment works, as defined by Section 212 of the federal act (33 U.S.C. Sec. 1292), by any municipality. +(2) Implementation of a management program pursuant to Section 319 of the federal act (33 U.S.C. Sec. 1329). +(3) Development and implementation of a conservation and management plan under Section 320 of the federal act (33 U.S.C. Sec. 1330). +(4) Financial assistance, other than a loan, toward the nonfederal share of costs of any grant-funded treatment works project, but only if that assistance is necessary to permit the project to proceed. +(5) Financial assistance provided under the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) for projects authorized pursuant to this subdivision. +(b) Consistent with expenditure for authorized purposes, moneys in the fund may be used for the following purposes: +(1) Loans that meet all of the following requirements: +(A) Are made at or below market interest rates. +(B) Require annual payments of principal and any interest, with repayment commencing not later than one year after completion of the project for which the loan is made and full amortization not later than +20 +30 +years after project completion unless otherwise authorized by a federal capitalization grant deposited in the fund, to the extent authorized and funded by that grant. Loan forgiveness is permissible to the extent authorized by a federal capitalization grant deposited in the fund, to the extent authorized and funded by that grant. +(C) Require the loan recipient to establish an acceptable dedicated source of revenue for repayment of a loan. +(D) (i) Contain other terms and conditions required by the board or the federal act or applicable rules, regulations, guidelines, and policies. To the extent permitted by federal law, the combined interest and loan service rate shall be set at a rate that does not exceed 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds and the combined interest and loan service rate shall be computed according to the true interest cost method. If the combined interest and loan service rate so determined is not a multiple of one-tenth of 1 percent, the combined interest and loan service rate shall be set at the multiple of one-tenth of 1 percent next above the combined interest and loan service rate so determined. A loan from the fund used to finance costs of facilities planning, or the preparation of plans, specifications, or estimates for construction of publicly owned treatment works shall comply with Section 603(e) of the federal act (33 U.S.C. Sec. 1383(e)). +(ii) Notwithstanding clause (i), if the loan applicant is a municipality, an applicant for a loan for the implementation of a management program pursuant to Section 319 of the federal act (33 U.S.C. Sec. 1329), or an applicant for a loan for nonpoint source or estuary enhancement pursuant to Section 320 of the federal act (33 U.S.C. Sec. 1330), and the applicant provides matching funds, the combined interest and loan service rate on the loan shall be 0 percent. A loan recipient that returns to the fund an amount of money equal to 20 percent of the remaining unpaid federal balance of an existing loan shall have the remaining unpaid loan balance refinanced at a combined interest and loan service rate of 0 percent over the time remaining in the original loan contract. +(2) To buy or refinance the debt obligations of municipalities within the state at or below market rates if those debt obligations were incurred after March 7, 1985. +(3) To guarantee, or purchase insurance for, local obligations where that action would improve credit market access or reduce interest rates. +(4) As a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the state, if the proceeds of the sale of those bonds will be deposited in the fund. +(5) To establish loan guarantees for similar revolving funds established by municipalities. +(6) To earn interest. +(7) For payment of the reasonable costs of administering the fund and conducting activities under Subchapter VI (commencing with Section 601) of the federal act (33 U.S.C. Sec. 1381 et seq.). Those costs shall not exceed 4 percent of all federal contributions to the fund, except that if permitted by federal and state law, interest repayments into the fund and other moneys in the fund may be used to defray additional administrative and activity costs to the extent permitted by the federal government and approved by the Legislature in the Budget Act. +(8) For financial assistance toward the nonfederal share of the costs of grant-funded treatment works projects to the extent permitted by the federal act. +(9) Grants, principal forgiveness, negative interest rates, and any other type of, or variation on the above types of, assistance authorized by a federal capitalization grant deposited in the fund, to the extent authorized and funded by that grant.","Existing law continuously appropriates state and federal funds in the State Water Pollution Control Revolving Fund to the State Water Resources Control Board for loans and other financial assistance for the construction of publicly owned treatment works and other related purposes, to a municipality, intermunicipal agency, interstate agency, or state agency in accordance with the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. +Existing law requires that moneys in the fund be used only for permissible purposes allowed by the Clean Water Act or a federal capitalization grant deposited in the fund to the extent authorized and funded by the grant. +Existing law requires the loans to meet certain criteria, including requiring full amortization not later than 20 years after project completion, except as specified. +This bill would make nonsubstantive changes to the requirement that moneys in the fund be used only for permissible purposes allowed by the Clean Water Act or a federal capitalization grant deposited in the fund. +This bill would, subject to the same exception, require full amortization not later than 30 years after project completion.","An act to amend Section 13480 of the Water Code, relating to the State Water Pollution Control Revolving Fund." +687,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12300 of the Welfare and Institutions Code is amended to read: +12300. +(a) The purpose of this article is to provide in every county in a manner consistent with this chapter and the annual Budget Act those supportive services identified in this section to aged, blind, or disabled persons, as defined under this chapter, who are unable to perform the services themselves and who cannot safely remain in their homes or abodes of their own choosing unless these services are provided. +(b) Supportive services shall include domestic services and services related to domestic services, heavy cleaning, personal care services, accompaniment by a provider when needed during necessary travel to health-related appointments or to alternative resource sites, yard hazard abatement, protective supervision, teaching and demonstration directed at reducing the need for other supportive services, and paramedical services +which +that +make it possible for the recipient to establish and maintain an independent living arrangement. +(c) Personal care services shall mean all of the following: +(1) Assistance with ambulation. +(2) Bathing, oral hygiene, and grooming. +(3) Dressing. +(4) Care and assistance with prosthetic devices. +(5) Bowel, bladder, and menstrual care. +(6) Repositioning, skin care, range of motion exercises, and transfers. +(7) Feeding and assurance of adequate fluid intake. +(8) Respiration. +(9) Assistance with self-administration of medications. +(d) Personal care services are available if these services are provided in the beneficiary’s home and other locations as may be authorized by the director. Among the locations that may be authorized by the director under this +paragraph +subdivision +is the recipient’s place of employment if all of the following conditions are met: +(1) The personal care services are limited to those that are currently authorized for a recipient in the recipient’s home and those services are to be utilized by the recipient at the recipient’s place of employment to enable the recipient to obtain, retain, or return to work. Authorized services utilized by the recipient at the recipient’s place of employment shall be services that are relevant and necessary in supporting and maintaining employment. However, workplace services shall not be used to supplant any reasonable accommodations required of an employer by the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.; ADA) +or +, +other legal entitlements +, +or third-party obligations. +(2) The provision of personal care services at the recipient’s place of employment shall be authorized only to the extent that the total hours utilized at the workplace are within the total personal care services hours authorized for the recipient in the home. Additional personal care services hours may not be authorized in connection with a recipient’s employment. +(e) +Where +If +supportive services are provided by a person having the legal duty pursuant to the Family Code to provide for the care of his or her child who is the recipient, the provider of supportive services shall receive remuneration for the services only when the provider leaves full-time employment or is prevented from obtaining full-time employment because no other suitable provider is available and where the inability of the provider to provide supportive services may result in inappropriate placement or inadequate care. +These providers shall be paid only for the following: +(1) Services related to domestic services. +(2) Personal care services. +(3) Accompaniment by a provider when needed during necessary travel to health-related appointments or to alternative resource sites. +(4) Protective supervision only as needed because of the functional limitations of the child. +(5) Paramedical services. +(f) To encourage maximum voluntary services, so as to reduce governmental costs, respite care shall also be provided. Respite care is temporary or periodic service for eligible recipients to relieve persons who are providing care without compensation. +(g) A person who is eligible to receive +a service or +services under an approved federal waiver authorized pursuant to Section 14132.951, or a person who is eligible to receive +a service or +services authorized pursuant to Section 14132.95, shall not be eligible to receive the same +service or +services pursuant to this article. In the event that the waiver authorized pursuant to Section 14132.951, as approved by the federal government, does not extend eligibility to all persons otherwise eligible for services under this article, or does not cover a service or particular services, or does not cover the scope of a service that a person would otherwise be eligible to receive under this article, those persons who are not eligible for services, or for a particular service under the waiver or Section 14132.95 shall be eligible for services under this article. +(h) (1) All services provided pursuant to this article shall be equal in amount, scope, and duration to the same services provided pursuant to Section 14132.95, including any adjustments that may be made to those services pursuant to subdivision (e) of Section 14132.95. +(2) Notwithstanding any other provision of this article, the rate of reimbursement for in-home supportive services provided through any mode of service shall not exceed the rate of reimbursement established under subdivision (j) of Section 14132.95 for the same mode of service unless otherwise provided in the annual Budget Act. +(3) The maximum number of hours available under Section 14132.95, Section 14132.951, and this section, combined, shall be 283 hours per month. Any recipient of services under this article shall receive no more than the applicable maximum specified in Section 12303.4.","Existing law provides for the county-administered In-Home Supportive Services program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. +This bill would make technical, nonsubstantive changes to these provisions.","An act to amend Section 12300 of the Welfare and Institutions Code, relating to public social services." +688,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 8263 of the Education Code is amended to read: +8263. +(a) The Superintendent shall adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement this chapter. In order to be eligible for federal and state subsidized child development services, families shall meet at least one requirement in each of the following areas: +(1) A family is (A) a current aid recipient, (B) income eligible, (C) homeless, or (D) one whose children are recipients of protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited. +(2) A family needs the child care services (A) because the child is identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as (i) a recipient of protective services, (ii) being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation, or (iii) being homeless or (B) because the parents are (i) engaged in vocational training leading directly to a recognized trade, paraprofession, or profession, (ii) employed or seeking employment, (iii) seeking permanent housing for family stability, or (iv) incapacitated. +(b) Except as provided in Article 15.5 (commencing with Section 8350), priority for federal and state subsidized child development services is as follows: +(1) (A) First priority shall be given to neglected or abused children who are recipients of child protective services, or children who are at risk of being neglected or abused, upon written referral from a legal, medical, or social services agency. If an agency is unable to enroll a child in the first priority category, the agency shall refer the family to local resource and referral services to locate services for the child. +(B) A family who is receiving child care on the basis of being a child at risk of abuse, neglect, or exploitation, as defined in subdivision (k) of Section 8208, is eligible to receive services pursuant to subparagraph (A) for up to three months, unless the family becomes eligible pursuant to subparagraph (C). +(C) A family may receive child care services for up to 12 months on the basis of a certification by the county child welfare agency that child care services continue to be necessary or, if the child is receiving child protective services during that period of time, and the family requires child care and remains otherwise eligible. This time limit does not apply if the family’s child care referral is recertified by the county child welfare agency. +(2) Second priority shall be given equally to eligible families, regardless of the number of parents in the home, who are income eligible. Within this priority, families with the lowest gross monthly income in relation to family size, as determined by a schedule adopted by the Superintendent, shall be admitted first. If two or more families are in the same priority in relation to income, the family that has a child with exceptional needs shall be admitted first. If there is no family of the same priority with a child with exceptional needs, the same priority family that has been on the waiting list for the longest time shall be admitted first. For purposes of determining order of admission, the grants of public assistance recipients shall be counted as income. +(3) The Superintendent shall set criteria for, and may grant specific waivers of, the priorities established in this subdivision for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid. +(c) Notwithstanding any other law, in order to promote continuity of services, a family enrolled in a state or federally funded child care and development program whose services would otherwise be terminated because the family no longer meets the program income, eligibility, or need criteria may continue to receive child development services in another state or federally funded child care and development program if the contractor is able to transfer the family’s enrollment to another program for which the family is eligible before the date of termination of services or to exchange the family’s existing enrollment with the enrollment of a family in another program, provided that both families satisfy the eligibility requirements for the program in which they are being enrolled. The transfer of enrollment may be to another program within the same administrative agency or to another agency that administers state or federally funded child care and development programs. +(d) In order to promote continuity of services, the Superintendent may extend the 60-working-day period specified in subdivision (a) of Section 18086.5 of Title 5 of the California Code of Regulations for an additional 60 working days if he or she determines that opportunities for employment have diminished to the degree that one or both parents cannot reasonably be expected to find employment within 60 working days and granting the extension is in the public interest. The scope of extensions granted pursuant to this subdivision shall be limited to the necessary geographic areas and affected persons, which shall be described in the Superintendent’s order granting the extension. It is the intent of the Legislature that extensions granted pursuant to this subdivision improve services in areas with high unemployment rates and areas with disproportionately high numbers of seasonal agricultural jobs. +(e) A physical examination and evaluation, including age-appropriate immunization, shall be required before, or within six weeks of, enrollment. A standard, rule, or regulation shall not require medical examination or immunization for admission to a child care and development program of a child whose parent or guardian files a letter with the governing board of the child care and development program stating that the medical examination or immunization is contrary to his or her religious beliefs, or provide for the exclusion of a child from the program because of a parent or guardian having filed the letter. However, if there is good cause to believe that a child is suffering from a recognized contagious or infectious disease, the child shall be temporarily excluded from the program until the governing board of the child care and development program is satisfied that the child is not suffering from that contagious or infectious disease. +(f) Regulations formulated and promulgated pursuant to this section shall include the recommendations of the State Department of Health Care Services relative to health care screening and the provision of health care services. The Superintendent shall seek the advice and assistance of these health authorities in situations where service under this chapter includes or requires care of children who are ill or children with exceptional needs. +(g) The Superintendent shall establish guidelines for the collection of employer-sponsored child care benefit payments from a parent whose child receives subsidized child care and de","Existing law requires the Superintendent of Public Instruction to adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement laws relating to child care and development services. Existing law requires families to meet certain requirements in order to be eligible for subsidized child development services, including that the family needs child care services because the child is identified by a legal, medical, or social services agency, or emergency shelter as being a recipient of a protective service or being neglected, abused, or exploited, as provided. +This bill would expand the list of entities that can identify a child in need to include a local educational agency liaison for homeless children and youths, a Head Start program, or a transitional shelter. The bill would expand the list of children to be identified to include a homeless child.","An act to amend Section 8263 of the Education Code, relating to child care." +689,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 2.97 (commencing with Section 1001.100) is added to Title 6 of Part 2 of the Penal Code, to read: +CHAPTER 2.97. Veterans Courts +1001.100. +(a) Except as provided in Section 1001.101, each superior court shall develop and implement a veterans court. +(b) A veterans court established pursuant to this chapter shall accomplish all of the following objectives: +(1) Increase cooperation between the courts, criminal justice, veterans, and substance abuse systems. +(2) Create a dedicated calendar or a locally developed collaborative court-supervised veterans mental health program or system that contains the characteristics set out in subdivision (c) that will lead to placement of as many mentally ill offenders who are veterans of the United States military, including those with post-traumatic stress disorder, traumatic brain injury, military sexual trauma, substance abuse, or any mental health problem stemming from United States military service, in community treatment, as is feasible and consistent with public safety. +(3) Improve access to necessary services and support. +(4) Reduce recidivism. +(5) Reduce the involvement of veterans in the criminal justice system and time in jail by making mental health service for veterans available in the least restrictive environment possible while promoting public safety. +(c) A veterans court established pursuant to this chapter shall have all of the following characteristics: +(1) Leadership by a superior court judicial officer assigned by the presiding judge. +(2) Enhanced accountability by combining judicial supervision with rehabilitation services that are rigorously monitored and focused on recovery. +(3) A problem solving focus. +(4) A team approach to decisionmaking, including, but not limited to, involving the defendant who is a veteran in the creation of a treatment plan and goals. +(5) Integration of social and treatment services. +(6) Judicial supervision of the treatment process, as appropriate. +(7) Community outreach efforts. +(8) Direct interaction between defendant and judicial officer. +(d) (1) The county and court stakeholders shall utilize a collaborative process to develop a plan for a veterans court that satisfies the requirements of this section. +(2) At least one stakeholder shall be a criminal justice client who is a veteran who has lived with the experience of mental illness as described in paragraph (2) of subdivision (b). +(3) The plan shall incorporate as many of the following components as feasible: +(A) The method by which the veterans court ensures that the target population of defendants are identified and referred to the veterans court. +(B) The method for assessing defendants who are veterans for serious mental illness and co-occurring disorders. +(C) Eligibility criteria specifying what factors make the defendant eligible to participate in the veterans court, including service in the United States military, the amenability of the defendant to treatment and the facts of the case, as well as prior criminal history, United States military service history, and mental health and substance abuse treatment history. +(D) The elements of the treatment and supervision programs. +(E) Standards for continuing participation in, and successful completion of, the veterans court program. +(F) The need for all service providers and stakeholders to receive initial and ongoing training from county departments and community stakeholders with specialized knowledge about veterans’ treatment and service needs, such as the county health department, county veterans officers, county drug and alcohol department, and Veterans Administration partners, and the need to provide initial and ongoing training for designated staff on the nature of serious mental illness and on the treatment and supportive services available in the community. +(G) The process to ensure defendants will receive the appropriate level of treatment services with emphasis on maximizing federally funded services from the Veterans Administration and the Department of Veterans Affairs, as well as the county and other local mental health and substance abuse treatment services to the extent that resources are available for that purpose, as described in paragraph (5) of subdivision (b) of Section 5600.3 of the Welfare and Institutions Code. +(H) The process for developing or modifying a treatment plan for each defendant, based on a formal assessment of the defendant’s mental health, United States military service history, and substance abuse treatment needs. Participation in the veterans court shall require defendants to complete the recommended treatment plan, and comply with any other terms and conditions that optimizes the likelihood that the defendant completes the program. +(I) The process for referring cases to the veterans court. +(J) A defendant’s voluntary entry into the veterans court, the right of a defendant to withdraw from the veterans court, and the process for explaining these rights to the defendant. +(e) (1) A veterans court shall be administered by a veterans court team led by a judicial officer to preside over the court. +(2) Other members of the veterans court team shall, to the extent feasible, include, but not be limited to, a prosecutor, a public defender, a county mental health liaison, a substance abuse liaison, a county veterans’ service officer, a probation officer, and a Veterans Administration social worker to assist the court with screening veterans court candidates for eligibility and suitability in Veterans Administration funded programs. +(3) The veterans court team shall determine the frequency of ongoing reviews of the progress of the offender in community treatment in order to ensure the offender adheres to the treatment plan as recommended, remains in treatment, and completes treatment. +(f) For the purposes of this section, it is the intent of the Legislature to do all of the following: +(1) Reduce costs to the state through decreased recidivism in a manner consistent with 2011 Realignment. +(2) Provide a veterans court judge a variety of options for carrying out the goal to ensure long-term public safety by maximizing the opportunities for veterans with psychological war wounds to get timely and appropriate treatment. +(3) Ensure that a veterans court judge exercises discretion and uses all tools available to ensure public safety and assist defendants to successfully complete appropriate treatment for the problems underlying their offenses. +(4) Augment, rather than replace, other sections within this code. +(5) Ensure a holistic approach that the priority underlying offense is treated and that offense-specific education and counseling aims are met. Where there are statutory requirements for certain education or counseling programs to be included in the terms of probation, for example, first conviction programs for driving under the influence offenders under Section 23152 of the Vehicle Code or domestic violence offenders under Section 273.5 of the Penal Code, it is the intent of the Legislature that the components of those offense-specific counseling terms be incorporated into the treatment programs that are designed to treat the underlying psychological disorders rather than required in lieu of the psychological treatments. +1001.101. +In order to satisfy the requirements of Section 1001.100, a superior court may partner with another superior court in the same county or a superior court in a neighboring county to provide access to a veterans court if that veterans court satisfies the requirements of Section 1001.100. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the diversion of specified criminal offenders in alternate sentencing and treatment programs. Existing law authorizes the court, with the consent of the defendant and a waiver of the defendant’s speedy trial right, to postpone prosecution, either temporarily or permanently, of a misdemeanor and place the defendant in a pretrial diversion program, if the defendant was, or currently is, a member of the United States military and if he or she may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service. +This bill would require superior courts to develop and implement veterans courts for eligible veterans of the United States military with the objective of, among other things, creation of a dedicated calendar or a locally developed collaborative court-supervised veterans mental health program or system that leads to the placement of as many mentally ill offenders who are veterans of the United States military, including those with post-traumatic stress disorder, traumatic brain injury, military sexual trauma, substance abuse, or any mental health problem stemming from military service, in community treatment as is feasible and consistent with public safety. The bill would make a related statement of legislative intent. +This bill would require a county and court stakeholders to utilize a collaborative process to develop a plan for a veterans court that satisfies the bill’s requirements. The bill would require a veterans court to be administered by a veterans court team led by a judicial officer to preside over the court, and would require that other members of the veterans court team, to the extent feasible, include, but not be limited to, a prosecutor, a public defender, a county mental health liaison, a substance abuse liaison, a county veterans’ service officer, a probation officer, and a Veterans Administration social worker to assist the court with screening veterans court candidates for eligibility and suitability in Veterans Administration funded programs. The bill would require the veterans court team to determine the frequency of ongoing reviews of the progress of the offender in community treatment in order to ensure the offender adheres to the treatment plan as recommended, remains in treatment, and completes treatment. By increasing the duties of local officials, the bill would impose a state-mandated local program. +The bill would authorize a superior court, in order to satisfy the bill’s requirements, to partner with another superior court in the same county or a superior court in a neighboring county to provide access to a veterans court if that veterans court satisfies the bill’s requirements. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Chapter 2.97 (commencing with Section 1001.100) to Title 6 of Part 2 of the Penal Code, relating to veterans courts." +690,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 71093 of the Education Code is amended to read: +71093. +Notwithstanding any other provision of law: +(a) The board of governors may authorize the chancellor to suspend the authority of the Board of Trustees of the Compton Community College District, or of any of the members of that board, to exercise any powers or responsibilities or to take any official actions with respect to the management of the district, including any of the district’s assets, contracts, expenditures, facilities, funds, personnel, or property. The board of governors may authorize suspension for a period up to five years from the effective date of Assembly Bill 318 of the 2005–06 Regular Session, plus a period lasting until the chancellor, the Fiscal Crisis and Management Assistance Team, the Director of Finance, and the Governor concur with the special trustee that the district has, for two consecutive academic years, met the requirements of the comprehensive assessment conducted, and the recovery plan prepared, pursuant to Section 41329.59. +(b) A suspension authorized by this section becomes effective immediately upon the delivery of a document to the administrative offices of the Compton Community College District that sets forth the finding of the chancellor that a suspension pursuant to this section is necessary for the establishment of fiscal integrity and security in that district. +(c) (1) If and when the chancellor suspends the authority of the Board of Trustees of the Compton Community College District or any of its members pursuant to this section, the chancellor may appoint a special trustee as provided in paragraph (3) of subdivision (c) of Section 84040, at district expense, to manage the district. The chancellor is authorized to assume, and delegate to the special trustee, those powers and duties of the Board of Trustees of the Compton Community College District that the chancellor determines, with the approval of the board of governors, are necessary for the management of that district. The Board of Trustees of the Compton Community College District may not exercise any of the duties or powers assumed by the chancellor under this section. +(2) The chancellor may appoint as a special trustee under this section a person who has served in a similar capacity prior to the enactment of the act that adds this section. A special trustee appointed under this section shall serve at the pleasure of the chancellor. +(3) Notwithstanding any other provision of law, in order to facilitate the appointment of the special trustee, the chancellor is exempt, for the purposes of this section, from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. +(d) Notwithstanding any other provision of law, at any time that this section is in effect, the chancellor is authorized to assume, and delegate to the special trustee, those powers and duties of the Compton Community College District Personnel Commission that the chancellor determines are necessary for the management of the personnel functions of the Compton Community College District. The personnel commission may not exercise any of the powers or duties assumed by the chancellor. +(e) Notwithstanding any other provision of law, if the special trustee has been a member of the State Teachers’ Retirement System or the Public Employees’ Retirement System at any time prior to appointment, he or she shall, for the period of service as special trustee, be a member of the system to which he or she belonged, unless the special trustee elects, in writing, not to be a member. If the special trustee chooses to be a member, the special trustee shall be placed on the payroll of the district, or the payroll of another local education agency or other entity with which the district has an exchange agreement pursuant to Section 87422 or other applicable provisions of law, for the purpose of providing appropriate contributions to the applicable retirement system. +(f) The special trustee appointed pursuant to this section is authorized to do all of the following: +(1) Implement substantial changes in the fiscal policies and practices of the Compton Community College District. +(2) Revise the academic program of the Compton Community College District to reflect realistic income projections in response to the dramatic effect of the changes in fiscal policies and practices upon program quality. +(3) Encourage all members of the college community to accept a fair share of the burden of the full recovery of the Compton Community College District in the five operational areas of finance, academics, personnel facilities, and governance. +(4) Enter into agreements on behalf of the Compton Community College District and, subject to any contractual and statutory obligation of the Compton Community College District, change any existing district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plan. Any agreement authorized by this section shall be binding upon the district for the term of the agreement, notwithstanding the removal of the special trustee for any reason or the reinstatement of any powers or responsibilities of the board of trustees. No agreement authorized by this paragraph shall materially impair the security and other interests of the holders of any bonds issued pursuant to Article 9 (commencing with Section 63049.67) of Chapter 2 of Division 1 of Title 6.7 of the Government Code. +(5) Appoint an advisory committee to advise the special trustee with respect to the management of the Compton Community College District and the establishment and implementation of the arrangements for provision of services by a partner district pursuant to Article 5 (commencing with Section 74292) of Chapter 5 of Part 46. This advisory committee may include residents of the communities served by the Compton Community College District, and any outside experts deemed appropriate by the special trustee. No member of the advisory committee shall receive any compensation or benefits for his or her services as a member of the advisory committee. +(g) In the event of a vacancy in the special trustee position, the chancellor shall temporarily assume all of the powers and duties of the special trustee until another special trustee can be appointed pursuant to this section. +(h) The +special trustee +chancellor +shall report to the Legislature concerning the priorities identified in each Fiscal Crisis and Management Assistance Team report +conducted pursuant to Section 41329.59 +and shall provide a response on how the +special trustee +chancellor +intends to resolve the issues identified in the Fiscal Crisis and Management Assistance Team report in a timely +manner, not to exceed 150 days from receipt of the report. +manner. The report shall be submitted to the Legislature within 150 days following the issuance of each Fiscal Crisis and Management Assistance Team report. +In any instance that there is a decline in performance, the +special trustee +chancellor +shall specifically identify strategies for ensuring progress in its response to that report. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law requires the board of governors to appoint a chief executive officer, known as the Chancellor of the California Community Colleges. Existing law provides for the establishment of community college districts throughout the state, including the Compton Community College District. Existing law authorizes these districts to provide instruction to students at the campuses operated by these districts. +Existing law authorizes the board of governors to suspend the authority of the Board of Trustees of the Compton Community College District for a period lasting until June 30, 2011, plus a period lasting until the chancellor, the Fiscal Crisis and Management Assistance Team, the Director of Finance, and the Secretary for Education concur with the special trustee that the district, for 2 consecutive academic years, has met the requirements of the comprehensive assessment conducted, and the recovery plan prepared, pursuant to existing law. Existing law, in the event of a suspension, authorizes the chancellor to appoint a special trustee to manage the district, as specified. +This bill would require the +special trustee +chancellor +to report to the Legislature concerning the priorities identified in each Fiscal Crisis and Management Assistance Team report and to provide a response on how the +special trustee +chancellor +intends to resolve the issues identified in the Fiscal Crisis and Management Assistance Team report in a timely +manner, not to exceed 150 days from receipt of the report. +manner. The bill would require the chancellor to submit the report to the Legislature within 150 days following the issuance of each Fiscal Crisis and Management Assistance Team report. +In any instance that there is a decline in performance identified in a report, the +special trustee +chancellor +would be required to also specifically identify strategies for ensuring progress in its response to that report. +By imposing additional duties on a community college district, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 71093 of the Education Code, relating to postsecondary education." +691,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares the following: +(a) A request for reasonable accommodation based on religion or disability constitutes protected activity under Section 12940 of the Government Code, such that when a person makes such a request, he or she is protected against retaliation for making the request. +(b) The Legislature recognizes that federal law affords similar protection to a person making such a request, as articulated by the Equal Employment Opportunity Commission in its interpretative guidance of the Americans with Disabilities Act of 1990 (Public Law 101-336) and Title VII of the Civil Rights Act of 1964 (Public Law 88-352, as amended). The Legislature affirms that the federal acts provide a floor of protection and that this state’s law has always exceeded in the protections afforded. +(c) The law of this state contains similar protections for a person making a request for reasonable accommodation under the Pregnancy Disability Leave Law (Section 12945 of the Government Code) and the California Family Rights Act (Sections 12945.2 and 19702.3 of the Government Code). It is the intent of the Legislature for the protections afforded a person making a request for accommodation on the basis of religion or disability to be consistent with the provisions of the Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code). +(d) Notwithstanding any interpretation of this issue in Rope v. Auto-Chlor Sys. of Washington, Inc., (2013) 220 Cal. App. 4th 635, the Legislature intends (1) to make clear that a request for reasonable accommodation on the basis of religion or disability is a protected activity, and (2) by enacting paragraph (2) of subdivision (m) and paragraph (4) of subdivision (l) of Section 12940, to provide protection against retaliation when an individual makes a request for reasonable accommodation under these sections, regardless of whether the request was granted. With the exception of its holding on this issue, Rope v. Auto-Chlor Sys. of Washington, Inc., (2013) 220 Cal. App. 4th 635 remains good law. +SEC. 2. +Section 12940 of the Government Code is amended to read: +12940. +It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: +(a) For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment. +(1) This part does not prohibit an employer from refusing to hire or discharging an employee with a physical or mental disability, or subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee with a physical or mental disability, where the employee, because of his or her physical or mental disability, is unable to perform his or her essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger his or her health or safety or the health or safety of others even with reasonable accommodations. +(2) This part does not prohibit an employer from refusing to hire or discharging an employee who, because of the employee’s medical condition, is unable to perform his or her essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employee’s health or safety or the health or safety of others even with reasonable accommodations. Nothing in this part shall subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee who, because of the employee’s medical condition, is unable to perform his or her essential duties, or cannot perform those duties in a manner that would not endanger the employee’s health or safety or the health or safety of others even with reasonable accommodations. +(3) Nothing in this part relating to discrimination on account of marital status shall do either of the following: +(A) Affect the right of an employer to reasonably regulate, for reasons of supervision, safety, security, or morale, the working of spouses in the same department, division, or facility, consistent with the rules and regulations adopted by the commission. +(B) Prohibit bona fide health plans from providing additional or greater benefits to employees with dependents than to those employees without or with fewer dependents. +(4) Nothing in this part relating to discrimination on account of sex shall affect the right of an employer to use veteran status as a factor in employee selection or to give special consideration to Vietnam-era veterans. +(5) (A) This part does not prohibit an employer from refusing to employ an individual because of his or her age if the law compels or provides for that refusal. Promotions within the existing staff, hiring or promotion on the basis of experience and training, rehiring on the basis of seniority and prior service with the employer, or hiring under an established recruiting program from high schools, colleges, universities, or trade schools do not, in and of themselves, constitute unlawful employment practices. +(B) The provisions of this part relating to discrimination on the basis of age do not prohibit an employer from providing health benefits or health care reimbursement plans to retired persons that are altered, reduced, or eliminated when the person becomes eligible for Medicare health benefits. This subparagraph applies to all retiree health benefit plans and contractual provisions or practices concerning retiree health benefits and health care reimbursement plans in effect on or after January 1, 2011. +(b) For a labor organization, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to exclude, expel, or restrict from its membership the person, or to provide only second-class or segregated membership or to discriminate against any person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of the person in the election of officers of the labor organization or in the selection of the labor organization’s staff or to discriminate in any way against any of its members or against any employer or against any person employed by an employer. +(c) For any person to discriminate against any person in the selection, termination, training, or other terms or treatment of that person in any apprenticeship training program, any other training program leading to employment, an unpaid internship, or another limited duration program to provide unpaid work experience for that person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of the person discriminated against. +(d) For any employer or employment agency to print or circulate or cause to be printed or circulated any publication, or to make any nonjob-related inquiry of an employee or applicant, either verbal or through use of an application form, that expresses, directly or indirectly, any limitation, specification, or discrimination as to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, or any intent to make any such limitation, specification, or discrimination. This part does not prohibit an employer or employment agency from inquiring into the age of an applicant, or from specifying age limitations, where the law compels or provides for that action. +(e) (1) Except as provided in paragraph (2) or (3), for any employer or employment agency to require any medical or psychological examination of an applicant, to make any medical or psychological inquiry of an applicant, to make any inquiry whether an applicant has a mental disability or physical disability or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition. +(2) Notwithstanding paragraph (1), an employer or employment agency may inquire into the ability of an applicant to perform job-related functions and may respond to an applicant’s request for reasonable accommodation. +(3) Notwithstanding paragraph (1), an employer or employment agency may require a medical or psychological examination or make a medical or psychological inquiry of a job applicant after an employment offer has been made but prior to the commencement of employment duties, provided that the examination or inquiry is job related and consistent with business necessity and that all entering employees in the same job classification are subject to the same examination or inquiry. +(f) (1) Except as provided in paragraph (2), for any employer or employment agency to require any medical or psychological examination of an employee, to make any medical or psychological inquiry of an employee, to make any inquiry whether an employee has a mental disability, physical disability, or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition. +(2) Notwithstanding paragraph (1), an employer or employment agency may require any examinations or inquiries that it can show to be job related and consistent with business necessity. An employer or employment agency may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that worksite. +(g) For any employer, labor organization, or employment agency to harass, discharge, expel, or otherwise discriminate against any person because the person has made a report pursuant to Section 11161.8 of the Penal Code that prohibits retaliation against hospital employees who report suspected patient abuse by health facilities or community care facilities. +(h) For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part. +(i) For any person to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this part, or to attempt to do so. +(j) (1) For an employer, labor organization, employment agency, apprenticeship training program or any training program leading to employment, or any other person, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract. Harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. An employer may also be responsible for the acts of nonemployees, with respect to sexual harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, where the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employer’s control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment. +(2) The provisions of this subdivision are declaratory of existing law, except for the new duties imposed on employers with regard to harassment. +(3) An employee of an entity subject to this subdivision is personally liable for any harassment prohibited by this section that is perpetrated by the employee, regardless of whether the employer or covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective action. +(4) (A) For purposes of this subdivision only, “employer” means any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities. The definition of “employer” in subdivision (d) of Section 12926 applies to all provisions of this section other than this subdivision. +(B) Notwithstanding subparagraph (A), for purposes of this subdivision, “employer” does not include a religious association or corporation not organized for private profit, except as provided in Section 12926.2. +(C) For purposes of this subdivision, “harassment” because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Sexually harassing conduct need not be motivated by sexual desire. +(5) For purposes of this subdivision, “a person providing services pursuant to a contract” means a person who meets all of the following criteria: +(A) The person has the right to control the performance of the contract for services and discretion as to the manner of performance. +(B) The person is customarily engaged in an independently established business. +(C) The person has control over the time and place the work is performed, supplies the tools and instruments used in the work, and performs work that requires a particular skill not ordinarily used in the course of the employer’s work. +(k) For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring. +(l) (1) For an employer or other entity covered by this part to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment or to bar or to discharge a person from employment or from a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of a conflict between the person’s religious belief or observance and any employment requirement, unless the employer or other entity covered by this part demonstrates that it has explored any available reasonable alternative means of accommodating the religious belief or observance, including the possibilities of excusing the person from those duties that conflict with his or her religious belief or observance or permitting those duties to be performed at another time or by another person, but is unable to reasonably accommodate the religious belief or observance without undue hardship, as defined in subdivision (u) of Section 12926, on the conduct of the business of the employer or other entity covered by this part. Religious belief or observance, as used in this section, includes, but is not limited to, observance of a Sabbath or other religious holy day or days, reasonable time necessary for travel prior and subsequent to a religious observance, and religious dress practice and religious grooming practice as described in subdivision (q) of Section 12926. This subdivision shall also apply to an apprenticeship training program, an unpaid internship, and any other program to provide unpaid experience for a person in the workplace or industry. +(2) An accommodation of an individual’s religious dress practice or religious grooming practice is not reasonable if the accommodation requires segregation of the individual from other employees or the public. +(3) An accommodation is not required under this subdivision if it would result in a violation of this part or any other law prohibiting discrimination or protecting civil rights, including subdivision (b) of Section 51 of the Civil Code and Section 11135 of this code. +(4) For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted. +(m) (1) For an employer or other entity covered by this part to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee. Nothing in this subdivision or in paragraph (1) or (2) of subdivision (a) shall be construed to require an accommodation that is demonstrated by the employer or other covered entity to produce undue hardship, as defined in subdivision (u) of Section 12926, to its operation. +(2) For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted. +(n) For an employer or other entity covered by this part to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition. +(o) For an employer or other entity covered by this part, to subject, directly or indirectly, any employee, applicant, or other person to a test for the presence of a genetic characteristic. +(p) Nothing in this section shall be interpreted as preventing the ability of employers to identify members of the military or veterans for purposes of awarding a veteran’s preference as permitted by law.","Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. +Existing law requires an employer or other entity covered by the act to provide reasonable accommodation of, among other things, a person’s disability and religious beliefs and prohibits discrimination against any person because the person has opposed any practices forbidden under the act or because the person has filed a complaint. +This bill would, in addition, prohibit an employer or other covered entity from retaliating or otherwise discriminating against a person for requesting accommodation of his or her disability or religious beliefs, regardless of whether the accommodation request was granted. The bill would make related findings and declarations.","An act to amend Section 12940 of the Government Code, relating to employment." +692,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) Park access, outdoor education, and outdoor recreational experiences are important to the health and well-being of all California citizens as well as the continuing stewardship of our natural resources. Many California communities, however, lack equitable access to parks and other open-space areas. This lack of access to the outdoors contributes to higher incidences of certain health ailments, such as diabetes, hypertension, +obesity, +and nature deficit disorder, and other negative social indicators, especially in low-income communities. +(2) According to the recent Parks Forward Commission report, +released in February 2015, +improving access to parks, outdoor experiences, and recreational opportunities, particularly for youth and young adults in disadvantaged communities, will lead to more healthy lifestyles, better educational outcomes, and improvements to the overall well-being of +California citizens, +California’s citizens +and +communities, +and +as well as +our natural environment. +(3) +The Legislature enacted +Chapter 663 of the Statutes of +2003, which +2003 +established the Outdoor Environmental Education Program and required a study on the benefits of outdoor environmental education for at-risk youth and underserved demographic groups. The study found that the science test scores of children who participated in the program were raised by 27 percent, and that these children also had improved conflict resolution and problem solving skills, better self-esteem, and were more motivated to learn. The program ended on July 1, 2005. +(4) +The Legislature enacted +Resolution Chapter 101 of the Statutes of +2006, which +2006 +recognized the importance of local recreational and park agencies in the effort to reverse negative trends in inactivity, obesity, diabetes, and other health problems among Californians and encouraged the state to use, and partner with, local recreation and park providers to create a healthier state. +(b) It is the intent of the Legislature to expand access to parks and other outdoor educational and recreational opportunities in underserved areas by, among other things, convening and developing strategic partnerships to facilitate, promote, and enhance access to parks, as well as outdoor educational and recreational experiences in underserved communities. +SEC. 2. +Chapter 14 (commencing with Section 5880) is added to Division 5 of the Public Resources Code, to read: +CHAPTER 14. Outdoor Environmental Education and Recreation Grants Program +5880. +(a) On or before March 30, 2016, the +department +director +shall establish an Outdoor Environmental Education and Recreation Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor recreation and educational experiences by awarding grants to public organizations, +including local governments and local education agencies, +nonprofit organizations, or both. +(b) In developing the +grant +program, the director shall do both of the following: +(1) Develop +criteria and procedures +criteria, procedures, and accountability measures +as may be necessary to implement the grant program. +(2) Administer the +grant +program to ensure that priority is given to underserved populations, including both urban and rural areas and low-income communities where participation in +an +outdoor environmental education and recreation +program +programs +has been limited. +(c) The director may develop an advisory task force +composed +comprised +of public, private, nonprofit, academic, and other entities and individuals to assist in the development of the +grant +program, including representatives of the California Environmental Education Interagency Network. +(d) The director shall give priority for funding to +an +outdoor environmental education and recreation +program +programs +that primarily +serves +provide outreach to and serve +students who are eligible for free or reduced-price meals, foster youth, or pupils of limited English proficiency, as defined in Section 42238.01 of the Education Code, and +has at least +have +one +or more +of the following attributes: +(1) +Demonstrates +Demonstrate +partnerships between public, private, and nonprofit entities. +(2) +Contributes +Contribute +to healthy lifestyles, sound nutritional habits, and improved outdoor educational and recreational experiences. +(3) +Maximizes +Maximize +the number of participants that can be served. +(4) +Commits +Commit +in-kind resources. +(5) +Has +Have +a curriculum that is aligned to the science content standards for California public schools adopted by the State Board of Education. +(6) +Fosters +Foster +stewardship of the environment and +includes, +include +when available, curriculum established pursuant to Part 4 (commencing with Section 71300) of Division 34. +(7) +Integrates +Integrate +instruction in science, technology, engineering, and mathematics. +(8) +Includes +Include +service learning and community outreach components for purposes of building partnerships between participants and local communities. +(e) Reverted and unencumbered funds from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 may be appropriated by the Legislature for the purpose of this chapter, if consistent with the requirements of the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. To the extent that grants may be awarded from those funds, they shall be awarded only to programs that meet all of the criteria specified in Section 5095.4. +(f) The director may also accept private donations made for the support of the program. The director may solicit and accept private funding to help +supplement +offset +the costs of the program. These funding sources may include, but are not limited to, foundations, corporate funding, crowdfunding resources, donation drives, or any other funding sources that may be available. +(g) All moneys received pursuant to subdivisions (e) and (f) for the purpose of this program shall be deposited in the California Youth Outdoor Education Account, which is hereby created within the State Park and Recreation Fund. Notwithstanding Section 13340 of the Government Code, moneys in the California Youth Outdoor Education Account shall be continuously appropriated to the department for the purposes of this chapter. +(h) (1) The department shall gather information from applicants each award year for purposes of evaluating the effectiveness of outdoor environmental education and recreation programs in achieving the objectives of the grant program. The department shall annually summarize and report this information for the previous award year, commencing on or before September 1, 2017, to the appropriate budget and fiscal committees of the Legislature. The information in the annual report shall include the total number of children served, the total number and types of entities that received grant awards, appropriate recommendations to improve the grant program, partnerships formed, educational objectives achieved, the total number of applications received, and the total number of children who would have been served had all applicants for the award year received grant awards. +(2) A report pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. +SEC. 3. +Section 5095.4 of the Public Resources Code is amended to read: +5095.4. +(a) The director, in consultation with the State Department of Education, shall develop a competitive grant program to assist state parks, state conservancies in existence as of January 1, 2003, urbanized and heavily urbanized local agencies, and community-based organizations within those jurisdictions, working in collaboration, to provide outdoor educational opportunities to children. +(1) Applicant entities shall provide a 25-percent matching contribution in community resources. The matching contributions may be in the form of money, including funds from other state or local assistance programs, gifts of real property, equipment, and consumable supplies, volunteer services, free or reduced-cost use of land, facilities, or equipment, and bequests and income from wills, estates, and trusts. The department may establish findings for hardships to waive the matching requirement when an applicant cannot meet the requirement. +(2) The department may give additional consideration to applicant entities collaborating with other entities, including, but not limited to, school districts, faith-based groups, and others providing outreach programs to identify and attract urbanized youth most in need of organized, constructive recreational activities. +(b) The department shall make one-third of any funds appropriated for the purposes of this chapter available to give special priority to providing increased access for elementary schoolage children in grades 2 to 8, inclusive, to conservancy or state, community, and regional park properties, including public properties within the coastal zone, and, in addition, shall give priority, in awarding a grant pursuant to this section, to all of the following: +(1) Programs that use curriculum tied to the science content standards and science framework adopted by the State Board of Education. +(2) Applicants that serve children with family incomes below the statewide average, based on the most recent figures computed and established by the Department of Finance. +(3) Applicants that provide access to children who are underserved or lack access to parks or other outdoor venues suitable to conduct appropriate environmental education instruction. +(4) Applicants that have developed working collaboratives to develop environmental education partnerships. +(5) Applicants working in collaboration with local educational agencies to identify those children lacking adequate opportunities to access outdoor environmental education curriculum or innovative or alternative recreation programming. +(c) The amount of a grant awarded pursuant to this section may not be less than twenty thousand dollars ($20,000) or more than two hundred thousand dollars ($200,000). A grant may be expended for any of the following purposes: +(1) Staffing that is directly associated with the programming. +(2) Staff training or development directly associated with the programming. +(3) Costs associated with transporting youth between a community or school and the proposed environmental education venue. +(4) Medical insurance for the participants, only if the insurance is a requirement pursuant to the activity. +(5) Operational costs, such as the rental equipment, food, and supplies. +(6) Applicants that can demonstrate that the administrative costs associated with this activity will not exceed more than 7.5 percent of the amount of the grant. +(d) The department may gather information from the applicants as to the effectiveness of these programs in meeting program objectives. The department shall summarize this information and report to the appropriate budget and fiscal committees of both houses of the Legislature as to the number of children served, the educational objectives met, and the level of demand. +(e) Applicant agencies may enter into contracts with other public agencies or entities to provide unique interpretive skills or to present authentic, curriculum-based programs in units of conservancy properties or state, community, or regional park systems for services not otherwise provided. The purpose of this subdivision is to authorize the applicants to provide programming services, equipment, and materials that assist in the curriculum program or provide educational activities that assist in the presentation of cultural traditions.","Existing law authorizes the expenditure of state funds for local assistance grants to cities, counties, and districts for the acquisition and development of various park and recreational areas and facilities. Existing law, the State Urban Parks and Healthy Communities Act, requires the Director of Parks and Recreation, in consultation with the State Department of Education, to develop a competitive grant program to assist state parks, state conservancies in existence as of January 1, 2003, urbanized and heavily urbanized local agencies, and community-based organizations within those jurisdictions, to provide outdoor educational opportunities to children. +This bill would require the Department of Parks and Recreation to establish, on or before March 30, 2016, an Outdoor Environmental Education and Recreation Grants Program with the purpose of increasing the ability of underserved and at-risk populations to participate in outdoor recreation and educational experiences by awarding grants to public organizations, nonprofit organizations, or both. The bill would require the director to develop +criteria +criteria, procedures, and accountability measures +as may be necessary to implement the program and to administer the program to ensure that priority is given to underserved populations, as specified. The bill would authorize the director to develop an advisory task force to assist in the development of the program and would require the director to give priority funding to outdoor environmental education and recreation programs that have specified attributes. +This bill would authorize the director to accept private donations made for the support of the program and would authorize the director to solicit and accept private funding +sources +to help +supplement +offset +the costs of the program. The bill would provide that, to the extent specified bond funds are available for grants under the program, those funds shall be awarded to programs that meet the criteria of the State Urban Parks and Healthy Communities Act. The bill would require that all moneys received for the purposes of the program be deposited into the California Youth Outdoor Education Account, which would be created by the bill and would be continuously appropriated for purposes of the program, thereby making an appropriation. +This bill would require the department to gather specified information from applicants each award year and to annually report this information, commencing on or before September 1, 2017, to the appropriate budget and fiscal committees of the Legislature.","An act to amend Section 5095.4 of, and to add Chapter 14 (commencing with Section 5880) to Division 5 of, the Public Resources Code, relating to parks, and making an appropriation therefor." +693,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 786 of the Welfare and Institutions Code is amended to read: +786. +(a) If the minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation served after a finding that the minor was a ward pursuant to Section 602 for any offense not listed in subdivision (b) of Section 707, the court shall order the petition dismissed, and the arrest shall be deemed not to have occurred. +(b) (1) The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court. +(2) The prosecuting attorney and the probation department of any county shall have access to the records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment pursuant to Section 790 or ineligible for informal supervision pursuant to Section 654.3. +(3) If a new petition has been filed against the minor for a felony offense, the probation department of any county shall have access to the records for the limited purpose of identifying the minor’s previous court-ordered programs or placements, and in that event solely to determine the individual’s eligibility or suitability for remedial programs or services. The information obtained pursuant to this paragraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor. +(4) The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. +(5) The probation department of any county may access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance. +(6) (A) Notwithstanding any other law, a record sealed pursuant to Section 781 and this section may be accessed by a law enforcement agency, probation department, court, or other local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other law subject to subparagraph (B). +(B) Personally identifying information from a sealed record accessed under this paragraph shall not be released, disseminated, or published by or through a law enforcement agency, probation department, court, or other local agency. +(c) The access authorizations described in subdivision (b) shall not be deemed an unsealing of the record and shall not require notice to any other entity. +(d) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution obtained pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, a restitution fine, or court-ordered fines and fees or any combination thereof, because the minor’s records are sealed. +(2) A victim or local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order. +(e) This section does not prohibit the Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute. +SEC. 1.5. +Section 786 of the Welfare and Institutions Code is amended to read: +786. +(a) If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the court’s order that was received. The court shall also provide notice to the minor and minor’s counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minor’s right to nondisclosure of the arrest and proceedings, as specified in subdivision (b). +(b) Upon the court’s order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. +(c) (1) For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section. +(2) An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section. +(d) A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707. +(e) (1) The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section. +(2) An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual. +(f) (1) A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances: +(A) By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3. +(B) By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. +(C) If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minor’s previous court-ordered programs or placements, and in that event solely to determine the individual’s eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor. +(D) Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing record in the prior case. +(E) Upon the prosecuting attorney’s motion, made in accordance with Section 707, to initiate court proceedings to determine the minor’s fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minor’s fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. +(F) By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records. +(G) The probation department of any county may access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance. +(2) Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency. +(g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. +(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order. +(h) This section does not prohibit the Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute. +(i) The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts. +SEC. 2. +Section 1.5 of this bill incorporates amendments to Section 786 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 666. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 786 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 666, in which case Section 1 of this bill shall not become operative.","Existing law subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records in the custody of the juvenile court pertaining to that dismissed petition, except that the prosecuting attorney and the probation department of any county may have access to the records for the limited purpose of determining whether the minor is eligible for deferred entry of judgment. +This bill would additionally authorize the prosecuting attorney and the probation department to have access to the records for the limited purpose of determining a minor’s eligibility for informal supervision and would authorize the probation department of any county to have access to the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance. The bill would also authorize the probation department to access the records for the limited purpose of identifying the minor’s previous court-ordered programs or placements, as specified. The bill would also authorize a law enforcement agency, probation department, court, or other local agency that has custody of the sealed record to access the record, as specified. +This bill would incorporate changes to Section 786 of the Welfare and Institutions Code proposed by both this bill and AB 666, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.","An act to amend Section 786 of the Welfare and Institutions Code, relating to juveniles." +694,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 84506.5 of the Government Code is amended to read: +84506.5. +(a) An advertisement supporting or opposing a candidate that is paid for by an independent expenditure must include the following statement: This advertisement was not authorized or paid for by a candidate for this office or a committee controlled by a candidate for this office. +(b) In addition to the requirements of Section 84507, a mailed advertisement subject to this section shall also comply with each of the following: +(1) The disclosure statement in subdivision (a) shall be located within one quarter of an inch of the recipient’s name and address as printed on the advertisement. +(2) The text of the disclosure statement shall be contained in a box with an outline that has a line weight of at least 3.25 pt. The background color of the box shall be in a contrasting color to the background of the advertisement. The outline of the box shall be in a contrasting color to both the background color of the advertisement and the background color of the box. The color of the text shall be in a contrasting color to the background color of the box. +SEC. 2. +Section 84507 of the Government Code is amended to read: +84507. +Any disclosure statement required by this article shall be printed clearly and legibly in no less than 14-point, bold, sans serif type font and in a conspicuous manner as defined by the commission or, if the communication is broadcast, the information shall be spoken so as to be clearly audible and understood by the intended public and otherwise appropriately conveyed for the hearing impaired. +SEC. 3. +Section 84511 of the Government Code is amended to read: +84511. +(a) This section applies to a committee that does either of the following: +(1) Makes an expenditure of five thousand dollars ($5,000) or more to an individual for his or her appearance in an advertisement that supports or opposes the qualification, passage, or defeat of a ballot measure. +(2) Makes an expenditure of any amount to an individual for his or her appearance in an advertisement that supports or opposes the qualification, passage, or defeat of a ballot measure and that states or suggests that the individual is a member of an occupation that requires licensure, certification, or other specialized, documented training as a prerequisite to engage in that occupation. +(b) A committee described in subdivision (a) shall file, within 10 days of the expenditure, a report that includes all of the following: +(1) An identification of the measure that is the subject of the advertisement. +(2) The date of the expenditure. +(3) The amount of the expenditure. +(4) The name of the recipient of the expenditure. +(5) For a committee described in paragraph (2) of subdivision (a), the occupation of the recipient of the expenditure. +(c) An advertisement paid for by a committee described in paragraph (1) of subdivision (a) shall include a disclosure statement stating “(spokesperson’s name) is being paid by this campaign or its donors” in highly visible font shown continuously if the advertisement consists of printed or televised material, or spoken in a clearly audible format if the advertisement is a radio broadcast or telephonic message. +(d) (1) An advertisement paid for by a committee described in paragraph (2) of subdivision (a) shall include a disclosure statement stating “Persons portraying members of an occupation in this advertisement are compensated spokespersons not necessarily employed in those occupations” in highly visible font shown continuously if the advertisement consists of printed or televised material, or spoken in a clearly audible format if the advertisement is a radio broadcast or telephonic message. +(2) A committee may omit the disclosure statement required by this subdivision if all of the following are satisfied with respect to each individual identified in the report filed pursuant to subdivision (b) for that advertisement: +(A) The occupation identified in the report is substantially similar to the occupation portrayed in the advertisement. +(B) The committee maintains credible documentation of the appropriate license, certification, or other training as evidence that the individual may engage in the occupation identified in the report and portrayed in the advertisement and makes that documentation immediately available to the Commission upon request. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 5. +The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. +SEC. 6. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to protect the interests of Californians who are empowered with the right to vote, it is appropriate that they be duly informed and that their constitutional right to instruct their representatives be protected. This purpose is best served by an informed electorate. The need for greater transparency of advertisement disclosures is vital to the interests of the State such that this act must take effect immediately.","Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. The act additionally imposes various disclosure statement requirements with respect to advertisements supporting or opposing a candidate or ballot measure, including a requirement that the disclosure statements be printed clearly and legibly in no less than 10-point type and in a conspicuous manner, as specified. The act also requires that an advertisement supporting or opposing a candidate that is paid for by an independent expenditure include a statement that it was not authorized by a candidate or a committee controlled by a candidate. +This bill would require that disclosure statements be printed in no less than 14-point bold, sans serif type font. The bill would require that an advertisement supporting or opposing a candidate that is paid for by an independent expenditure include a disclosure statement with specific content and, if the advertisement is mailed, would require that the disclosure statement be located within a quarter of an inch of the recipient’s name and address and be contained within a box that meets prescribed criteria. +The act also requires certain ballot measure advertisements to include a specified disclosure statement if it is paid for by a committee that pays an individual for his or her appearance in the advertisement, as specified. +This bill would repeal a requirement that the disclosure statement appear in roman font. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a +2/3 +vote of each house and compliance with specified procedural requirements. +This bill would declare that it furthers the purposes of the act. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 84506.5, 84507, and 84511 of the Government Code, relating to the Political Reform Act of 1974, and declaring the urgency thereof, to take effect immediately." +695,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 34501.12 of the Vehicle Code is amended to read: +34501.12. +(a) Vehicles and the operation thereof, subject to this section, are those described in subdivision (a), (b), (e), (f), (g), (j), or (k) of Section 34500. +(b) It is unlawful for a motor carrier to operate any vehicle of a type described in subdivision (a) without identifying to the department all terminals, as defined in Section 34515, in this state where vehicles may be inspected by the department pursuant to paragraph (4) of subdivision (a) of Section 34501 and where vehicle inspection and maintenance records and driver records will be made available for inspection. Motor carriers shall make vehicles and records available for inspection upon request by an authorized representative of the department. If a motor carrier fails to provide vehicles and records, an unsatisfactory terminal rating shall be issued by the department. +(1) The number of vehicles that will be selected for inspection by the department at a terminal shall be based on terminal fleet size and applied separately to a terminal fleet of power units and trailers, according to the following schedule: +Fleet Size +Representative +Sample +1 or 2 +All +3 to 8 +3 +9 to 15 +4 +16 to 25 +6 +26 to 50 +9 +51 to 90 +14 +91 or more +20 +(2) The lessor of any vehicle described in subdivision (a) shall make vehicles available for inspection upon request of an authorized representative of the department in the course of inspecting the terminal of the lessee. This section does not affect whether the lessor or driver provided by the lessor is an employee of the authorized carrier lessee, and compliance with this section and its attendant administrative requirements does not imply an employee-employer relationship. +(c) (1) The department may inspect any terminal, as defined in Section 34515, of a motor carrier who, at any time, operates any vehicle described in subdivision (a). +(2) The department shall adopt rules and regulations establishing a performance-based truck terminal inspection selection priority system. In adopting the system’s rules and regulations, the department shall incorporate methodologies consistent with those used by the Federal Motor Carrier Safety Administration, including those related to the quantitative analysis of safety-related motor carrier performance data, collected during the course of inspection or enforcement contact by authorized representatives of the department or any authorized federal, state, or local safety official, in categories, including, but not limited to, driver fatigue, driver fitness, vehicle maintenance, and controlled substances and alcohol use. The department shall also incorporate other safety-related motor carrier performance data in this system, including citations and accident information. The department shall create a database to include all performance-based data specified in this section that shall be updated in a manner to provide real-time information to the department on motor carrier performance. The department shall prioritize for selection those motor carrier terminals never previously inspected by the department, those identified by the inspection priority selection system, and those terminals operating vehicles listed in subdivision (g) of Section 34500. The department is not required to inspect a terminal subject to inspection pursuant to this section more often than once every six years, if a terminal receives a satisfactory compliance rating as the result of a terminal inspection conducted by the department pursuant to this section or Section 34501, or if the department has not received notification by the system of a motor carrier operating while exceeding the threshold of the inspection selection priority system. Any motor carrier that is inspected and receives less than a satisfactory compliance rating, or that falls below the threshold of the selection priority system, shall be subject to periodic inquiries and inspections as outlined in subdivision (f), and these inquiries and inspections shall be based on the severity of the violations. +(3) As used in this section and Section 34505.6, subdivision (f) of Section 34500 includes only those combinations where the gross vehicle weight rating of the towing vehicle exceeds 10,000 pounds, but does not include a pickup truck or any combination never operated in commercial use, and subdivision (g) of Section 34500 includes only those vehicles transporting hazardous material for which the display of placards is required pursuant to Section 27903, a license is required pursuant to Section 32000.5, or for which hazardous waste transporter registration is required pursuant to Section 25163 of the Health and Safety Code. Notwithstanding Section 5014.1, vehicles that display special identification plates in accordance with Section 5011, historical vehicles, as described in Section 5004, implements of husbandry and farm vehicles, as defined in Chapter 1 (commencing with Section 36000) of Division 16 with the exception of vehicles operating in the pilot program established pursuant to Section 36103, and vehicles owned or operated by an agency of the federal government are not subject to this section or Section 34505.6. +(d) It is unlawful for a motor carrier to operate, or cause to be operated, any vehicle that is subject to this section, Section 34520, or Division 14.85 (commencing with Section 34600), unless the motor carrier is knowledgeable of, and in compliance with, all applicable statutes and regulations. +(e) It is unlawful for a motor carrier to contract or subcontract with, or otherwise engage the services of, another motor carrier, subject to this section, unless the contracted motor carrier has complied with subdivision (d). A motor carrier shall not contract or subcontract with, or otherwise engage the services of, another motor carrier until the contracted motor carrier provides certification of compliance with subdivision (d). This certification shall be completed in writing by the contracted motor carrier in a manner prescribed by the department. The certification, or a copy of the certification, shall be maintained by each involved party for the duration of the contract or the period of service plus two years, and shall be presented for inspection immediately upon the request of an authorized employee of the department. The certifications required by this subdivision and subdivision (b) of 34620 may be combined. +(f) (1) An inspected terminal that receives an unsatisfactory compliance rating shall be reinspected by the department within 120 days after the issuance of the unsatisfactory compliance rating. +(2) If a motor carrier’s Motor Carrier of Property Permit or Public Utilities Commission operating authority is suspended as a result of an unsatisfactory compliance rating, the department shall not conduct a reinspection for permit or authority reinstatement until requested to do so by the Department of Motor Vehicles or the Public Utilities Commission, as appropriate. +(g) A motor carrier issued an unsatisfactory terminal rating may request a review of the rating within five business days of receipt of the notification of the rating. The department shall conduct and evaluate the review within 10 business days of the request. +(h) The department shall publish performance-based inspection completion data and make the data available for public review. +(i) This section shall be known, and may be cited, as the Basic Inspection of Terminals program or BIT program. +SEC. 1.5. +Section 34501.12 of the Vehicle Code is amended to read: +34501.12. +(a) Vehicles and the operation thereof, subject to this section, are those described in subdivision (a), (b), (e), (f), (g), (j), or (k) of Section 34500, except an agricultural vehicle as defined in Section 34500.6. +(b) It is unlawful for a motor carrier to operate any vehicle of a type described in subdivision (a) without identifying to the department all terminals, as defined in Section 34515, in this state where vehicles may be inspected by the department pursuant to paragraph (4) of subdivision (a) of Section 34501 and where vehicle inspection and maintenance records and driver records will be made available for inspection. Motor carriers shall make vehicles and records available for inspection upon request by an authorized representative of the department. If a motor carrier fails to provide vehicles and records, an unsatisfactory terminal rating shall be issued by the department. +(1) The number of vehicles that will be selected for inspection by the department at a terminal shall be based on terminal fleet size and applied separately to a terminal fleet of power units and trailers, according to the following schedule: +Fleet Size +Representative +Sample +1 or 2 +All +3 to 8 +3 +9 to 15 +4 +16 to 25 +6 +26 to 50 +9 +51 to 90 +14 +91 or more +20 +(2) The lessor of any vehicle described in subdivision (a) shall make vehicles available for inspection upon request of an authorized representative of the department in the course of inspecting the terminal of the lessee. This section does not affect whether the lessor or driver provided by the lessor is an employee of the authorized carrier lessee, and compliance with this section and its attendant administrative requirements does not imply an employee-employer relationship. +(c) (1) The department may inspect any terminal, as defined in Section 34515, of a motor carrier who, at any time, operates any vehicle described in subdivision (a). +(2) The department shall adopt rules and regulations establishing a performance-based truck terminal inspection selection priority system. In adopting the system’s rules and regulations, the department shall incorporate methodologies consistent with those used by the Federal Motor Carrier Safety Administration, including those related to the quantitative analysis of safety-related motor carrier performance data, collected during the course of inspection or enforcement contact by authorized representatives of the department or any authorized federal, state, or local safety official, in categories, including, but not limited to, driver fatigue, driver fitness, vehicle maintenance, and controlled substances and alcohol use. The department shall also incorporate other safety-related motor carrier performance data in this system, including citations and accident information. The department shall create a database to include all performance-based data specified in this section that shall be updated in a manner to provide real-time information to the department on motor carrier performance. The department shall prioritize for selection those motor carrier terminals never previously inspected by the department, those identified by the inspection priority selection system, and those terminals operating vehicles listed in subdivision (g) of Section 34500. The department is not required to inspect a terminal subject to inspection pursuant to this section more often than once every six years, if a terminal receives a satisfactory compliance rating as the result of a terminal inspection conducted by the department pursuant to this section or Section 34501, or if the department has not received notification by the system of a motor carrier operating while exceeding the threshold of the inspection selection priority system. Any motor carrier that is inspected and receives less than a satisfactory compliance rating, or that falls below the threshold of the selection priority system, shall be subject to periodic inquiries and inspections as outlined in subdivision (f), and these inquiries and inspections shall be based on the severity of the violations. +(3) As used in this section and Section 34505.6, subdivision (f) of Section 34500 includes only those combinations where the gross vehicle weight rating of the towing vehicle exceeds 10,000 pounds, but does not include a pickup truck or any combination never operated in commercial use, and subdivision (g) of Section 34500 includes only those vehicles transporting hazardous material for which the display of placards is required pursuant to Section 27903, a license is required pursuant to Section 32000.5, or for which hazardous waste transporter registration is required pursuant to Section 25163 of the Health and Safety Code. Notwithstanding Section 5014.1, vehicles that display special identification plates in accordance with Section 5011, historical vehicles, as described in Section 5004, implements of husbandry and farm vehicles, as defined in Chapter 1 (commencing with Section 36000) of Division 16 with the exception of vehicles operating in the pilot program established pursuant to Section 36103, and vehicles owned or operated by an agency of the federal government are not subject to this section or Section 34505.6. +(d) It is unlawful for a motor carrier to operate, or cause to be operated, any vehicle that is subject to this section, Section 34520, or Division 14.85 (commencing with Section 34600), unless the motor carrier is knowledgeable of, and in compliance with, all applicable statutes and regulations. +(e) It is unlawful for a motor carrier to contract or subcontract with, or otherwise engage the services of, another motor carrier, subject to this section, unless the contracted motor carrier has complied with subdivision (d). A motor carrier shall not contract or subcontract with, or otherwise engage the services of, another motor carrier until the contracted motor carrier provides certification of compliance with subdivision (d). This certification shall be completed in writing by the contracted motor carrier in a manner prescribed by the department. The certification, or a copy of the certification, shall be maintained by each involved party for the duration of the contract or the period of service plus two years, and shall be presented for inspection immediately upon the request of an authorized employee of the department. The certifications required by this subdivision and subdivision (b) of 34620 may be combined. +(f) (1) An inspected terminal that receives an unsatisfactory compliance rating shall be reinspected by the department within 120 days after the issuance of the unsatisfactory compliance rating. +(2) If a motor carrier’s Motor Carrier of Property Permit or Public Utilities Commission operating authority is suspended as a result of an unsatisfactory compliance rating, the department shall not conduct a reinspection for permit or authority reinstatement until requested to do so by the Department of Motor Vehicles or the Public Utilities Commission, as appropriate. +(g) A motor carrier issued an unsatisfactory terminal rating may request a review of the rating within five business days of receipt of the notification of the rating. The department shall conduct and evaluate the review within 10 business days of the request. +(h) The department shall publish performance-based inspection completion data and make the data available for public review. +(i) This section shall be known, and may be cited, as the Basic Inspection of Terminals program or BIT program. +SEC. 2. +Section 34622 of the Vehicle Code is amended to read: +34622. +This chapter does not apply to any of the following: +(a) Vehicles described in Section 5004 or 5011, and those that are exempt from vehicle registration fees with the exception of vehicles operating in the pilot program established pursuant to Section 36103. +(b) A household goods carrier transporting used office, store, and institution furniture and fixtures under its household goods carrier permit pursuant to Section 5137 of the Public Utilities Code. +SEC. 3. +Section 36103 is added to the Vehicle Code, to read: +36103. +(a) Notwithstanding any other law, the Department of the California Highway Patrol and the Department of Motor Vehicles shall establish a pilot program in the Counties of Fresno, Kings, and Madera to evaluate exemption from vehicle registration for a motor vehicle designed and used exclusively for carrying, or returning from carrying, agricultural or farming products, and used on a highway between one part of a farm to another part of that farm, or from one farm to another farm, for a distance of no more than 20 air miles. The following requirements shall be met before participation is allowed in the pilot program: +(1) Operation on the highway is only incidental to a farming operation and not for hire. +(2) The vehicle displays a special identification plate issued pursuant to Section 5014. +(3) The applicant obtains a carrier identification number issued by the Department of the California Highway Patrol, pursuant to Section 34507.5. +(4) The applicant obtains a motor carrier permit issued pursuant to Section 34620 or 34621. +(5) The applicant agrees to conduct periodic inspections, pursuant to Section 34505.5, of vehicles participating in the pilot program. +(6) The employer of the driver enrolls in the Department of Motor Vehicles pull-notice system for the purpose of providing the employer with a report showing the driver’s current public record as recorded by the department and any subsequent conviction, failure to appear, accident, driver’s license suspension, driver’s license revocation, or any other action taken against the driving privilege if the vehicle requires a class A, class B, or class C license with a hazardous materials or any other applicable endorsement required by Section 15278. An owner or family member who drives the vehicle shall be enrolled as if he or she were an employee. +(b) On or before July 1, 2018, the Department of the California Highway Patrol and the Department of Motor Vehicles shall report to the Legislature on the status and effectiveness of the pilot program, including, but not limited to, a description of the number of vehicles enrolled, an evaluation of the loss of registration funding attributable to the program, and a description of collisions involving vehicles enrolled, enforcement issues, and safety issues. A report submitted pursuant to this subdivision shall be submitted pursuant to Section 9795 of the Government Code. +(c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 4. +Section 36305 of the Vehicle Code is amended to read: +36305. +(a) The driver of any implement of husbandry shall possess a valid class C driver’s license when operating a combination of vehicles at a speed in excess of 25 miles per hour or towing any implement of husbandry as specified in subdivision (d), (e), or (j) of Section 36005. +(b) Notwithstanding Section 36300, a person shall not operate a vehicle pursuant to the pilot program established in Section 36103 unless the person has in his or her possession a valid driver’s license for the applicable vehicle type. +SEC. 5. +Section 1.5 of this bill incorporates amendments to Section 34501.12 of the Vehicle Code proposed by both this bill and Assembly Bill 1960. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 34501.12 of the Vehicle Code, and (3) this bill is enacted after Assembly Bill 1960, in which case Section 1 of this bill shall not become operative. +SEC. 6. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law exempts specified farm vehicles from registration with the Department of Motor Vehicles if the vehicles have, and display, an identification plate, including a cotton module mover and a vehicle equipped with a water tank that is owned by a farmer and used exclusively to service his or her own implements of husbandry. Existing law exempts a person driving or operating an implement of husbandry over a highway from obtaining a driver’s license, except under specified circumstances. +This bill would, until January 1, 2020, establish a pilot program in specified counties to evaluate an exemption from vehicle registration for specified farm vehicles. The bill would require applicants to meet specified requirements before participating in the pilot program. The bill would require the Department of Motor Vehicles and the Department of the California Highway Patrol to submit a report to the Legislature on or before July 1, 2018, regarding the pilot program. The bill would require vehicles participating in the program to remain subject to specified fees and requirements. The bill would prohibit a person from operating a vehicle pursuant to the pilot program unless the person has in his or her possession a valid driver’s license for the applicable vehicle type. A violation of these provisions would be punishable as an infraction. +This bill would incorporate additional changes to Section 34501.12 of the Vehicle Code proposed by AB 1960, that would become operative only if this bill and AB 1960 are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 34501.12, 34622, and 36305 of, and to add and repeal Section 36103 of, the Vehicle Code, relating to farm vehicles." +696,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6601 of the Welfare and Institutions Code is amended to read: +6601. +(a) (1) Whenever the Secretary of the Department of Corrections and Rehabilitation determines that an individual who is in custody under the jurisdiction of the Department of Corrections and Rehabilitation, and who is either serving a determinate prison sentence or whose parole has been revoked, may be a sexually violent predator, the secretary shall, at least six months prior to that individual’s scheduled date for release from prison, refer the person for evaluation in accordance with this section. However, if the inmate was received by the department with less than nine months of his or her sentence to serve, or if the inmate’s release date is modified by judicial or administrative action, the secretary may refer the person for evaluation in accordance with this section at a date that is less than six months prior to the inmate’s scheduled release date. +(2) A petition may be filed under this section if the individual was in custody pursuant to his or her determinate prison term, parole revocation term, or a hold placed pursuant to Section 6601.3, at the time the petition is filed. A petition shall not be dismissed on the basis of a later judicial or administrative determination that the individual’s custody was unlawful, if the unlawful custody was the result of a good faith mistake of fact or law. This paragraph shall apply to any petition filed on or after January 1, 1996. +(b) The person shall be screened by the Department of Corrections and Rehabilitation and the Board of Parole Hearings based on whether the person has committed a sexually violent predatory offense and on a review of the person’s social, criminal, and institutional history. This screening shall be conducted in accordance with a structured screening instrument developed and updated by the State Department of State Hospitals in consultation with the Department of Corrections and Rehabilitation. If as a result of this screening it is determined that the person is likely to be a sexually violent predator, the Department of Corrections and Rehabilitation shall refer the person to the State Department of State Hospitals for a full evaluation of whether the person meets the criteria in Section 6600. +(c) +(1) +The State Department of State Hospitals shall evaluate the person in accordance with a standardized assessment protocol, developed and updated by the State Department of State Hospitals, to determine whether the person is a sexually violent predator as defined in this article. The standardized assessment protocol shall require assessment of diagnosable mental disorders, as well as various factors known to be associated with the risk of reoffense among sex offenders. Risk factors to be considered shall include criminal and psychosexual history, type, degree, and duration of sexual deviance, and severity of mental disorder. +(2) On or before January 30, 2016, the State Department of State Hospitals shall consult with a committee consisting of one representative from each of the State Department of State Hospitals, the California District Attorneys Association, the California Public Defenders Association, and the Los Angeles District Attorney’s Office. The committee members shall select a member of the private defense bar and a person with experience as an evaluator under Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 to make recommendations regarding possible changes to the standardized assessment protocol, as described in paragraph (3). +(3) On or before March 1, 2016, the State Department of State Hospitals shall initiate the regulatory process to update the standardized assessment protocol, including a plan for formal supervisory review of evaluations and a checklist for reviewing evaluations, as recommended by the March 2015 report of the California State Auditor. The regulations shall also include requirements and procedures for training evaluators. +(d) Pursuant to subdivision (c), the person shall be evaluated by two practicing psychiatrists or psychologists, or one practicing psychiatrist and one practicing psychologist, designated by the Director of State Hospitals. If both evaluators concur that the person has a diagnosed mental disorder so that he or she is likely to engage in acts of sexual violence without appropriate treatment and custody, the Director of State Hospitals shall forward a request for a petition for commitment under Section 6602 to the county designated in subdivision (i). Copies of the evaluation reports and any other supporting documents shall be made available to the attorney designated by the county pursuant to subdivision (i) who may file a petition for commitment. +(e) If one of the professionals performing the evaluation pursuant to subdivision (d) does not concur that the person meets the criteria specified in subdivision (d), but the other professional concludes that the person meets those criteria, the Director of State Hospitals shall arrange for further examination of the person by two independent professionals selected in accordance with subdivision (g). +(f) If an examination by independent professionals pursuant to subdivision (e) is conducted, a petition to request commitment under this article shall only be filed if both independent professionals who evaluate the person pursuant to subdivision (e) concur that the person meets the criteria for commitment specified in subdivision (d). The professionals selected to evaluate the person pursuant to subdivision (g) shall inform the person that the purpose of their examination is not treatment but to determine if the person meets certain criteria to be involuntarily committed pursuant to this article. It is not required that the person appreciate or understand that information. +(g) Any independent professional who is designated by the Secretary of the Department of Corrections and Rehabilitation or the Director of State Hospitals for purposes of this section shall not be a state government employee, shall have at least five years of experience in the diagnosis and treatment of mental disorders, and shall include psychiatrists and licensed psychologists who have a doctoral degree in psychology. The requirements set forth in this section also shall apply to any professionals appointed by the court to evaluate the person for purposes of any other proceedings under this article. +(h) If the State Department of State Hospitals determines that the person is a sexually violent predator as defined in this article, the Director of State Hospitals shall forward a request for a petition to be filed for commitment under this article to the county designated in subdivision (i). Copies of the evaluation reports and any other supporting documents shall be made available to the attorney designated by the county pursuant to subdivision (i) who may file a petition for commitment in the superior court. +(i) If the county’s designated counsel concurs with the recommendation, a petition for commitment shall be filed in the superior court of the county in which the person was convicted of the offense for which he or she was committed to the jurisdiction of the Department of Corrections and Rehabilitation. The petition shall be filed, and the proceedings shall be handled, by either the district attorney or the county counsel of that county. The county board of supervisors shall designate either the district attorney or the county counsel to assume responsibility for proceedings under this article. +(j) The time limits set forth in this section shall not apply during the first year that this article is operative. +(k) An order issued by a judge pursuant to Section 6601.5, finding that the petition, on its face, supports a finding of probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon his or her release, shall toll that person’s parole pursuant to paragraph (4) of subdivision (a) of Section 3000 of the Penal Code, if that individual is determined to be a sexually violent predator. +(l) Pursuant to subdivision (d), the attorney designated by the county pursuant to subdivision (i) shall notify the State Department of State Hospitals of its decision regarding the filing of a petition for commitment within 15 days of making that decision. +(m) This section shall become operative on the date that the director executes a declaration, which shall be provided to the fiscal and policy committees of the Legislature, including the Chairperson of the Joint Legislative Budget Committee, and the Department of Finance, specifying that sufficient qualified state employees have been hired to conduct the evaluations required pursuant to subdivision (d), or January 1, 2013, whichever occurs first. +SECTION 1. +SEC. 2. +Section 6604.9 of the Welfare and Institutions Code is amended to read: +6604.9. +(a) A person found to be a sexually violent predator and committed to the custody of the State Department of State Hospitals shall have a current examination of his or her mental condition made at least once every year. The report shall be in the form of a declaration and shall be prepared by a professionally qualified person. The report shall also be signed by the Director of the State Department of State Hospitals. The person may retain or, if he or she is indigent and so requests, the court may appoint, a qualified expert or professional person to examine him or her, and the expert or professional person shall have access to all records concerning the person. +(b) The annual report shall include consideration of whether the committed person currently meets the definition of a sexually violent predator and whether conditional release to a less restrictive alternative, pursuant to Section 6608, or an unconditional discharge, pursuant to Section 6605, is in the best interest of the person and conditions can be imposed that would adequately protect the community. +(c) The State Department of State Hospitals shall file this periodic report with the court that committed the person under this article. A copy of the report shall be served on the prosecuting agency involved in the initial commitment and upon the committed person. +(d) If the State Department of State Hospitals determines that either: (1) the person’s condition has so changed that the person no longer meets the definition of a sexually violent predator and should, therefore, be considered for unconditional discharge, or (2) conditional release to a less restrictive alternative is in the best interest of the person and conditions can be imposed that adequately protect the community, the director shall authorize the person to petition the court for conditional release to a less restrictive alternative or for an unconditional discharge. The petition shall be filed with the court and served upon the prosecuting agency responsible for the initial commitment. +(e) The court, upon receipt of the petition for conditional release to a less restrictive alternative, shall consider the petition using procedures described in Section 6608. +(f) The court, upon receiving a petition for unconditional discharge, shall order a show cause hearing, pursuant to the provisions of Section 6605, at which the court may consider the petition and any accompanying documentation provided by the medical director, the prosecuting attorney, or the committed person. +SEC. 3. +Section 6610 is added to the Welfare and Institutions Code, to read: +6610. +(a) (1) There is hereby created an oversight board that shall advise the Legislature and the Governor regarding sexually violent predators under Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6. +(2) The board shall be comprised of seven members. Each of the following organizations shall select one representative to serve on the oversight board: The State Department of State Hospitals, the California District Attorneys Association, the California Public Defenders Association, the Los Angeles District Attorney’s Office, and the California Judicial Commission on Judicial Performance. +(3) The board members selected pursuant to paragraph (2) shall select both a representative of the private defense bar and a person with experience as an evaluator under Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 to serve on the oversight board. +(b) (1) The oversight board shall meet at least six times per year. +(2) On or before January 1, 2017, and on or before January 1 in each subsequent year, the oversight board shall make a report to the Governor and the Legislature making recommendations relating to implementation of Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6, including, but not limited to, evaluating sexually violent predators in state hospitals. +(3) The report required pursuant to paragraph (2) shall be submitted to the Legislature in compliance with subdivision (c) of Section 9795 of the Government Code.","Existing law provides for the civil commitment of criminal offenders who have been determined to be sexually violent predators for treatment in a secure state hospital facility, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a prisoner for evaluation by the State Department of State Hospitals when the secretary determines that the person may be a sexually violent predator, +requires the State Department of State Hospitals to evaluate the person in accordance with a standardized assessment protocol, as specified, to determine whether the person is a sexually violent predator, +and specifies the judicial processes necessary for civil commitment as a sexually violent predator, including, but not limited to, the right to a jury trial. +Existing +This bill would require the State Department of State Hospitals to consult, on or before January 30, 2016, with a committee comprised of representatives of specified organizations to make recommendations regarding possible changes to the standardized assessment protocol. The bill would require the State Department of State Hospitals, on or before March 1, 2016, to initiate the regulatory process to update the standardized assessment protocol, as specified. +Existing +law requires an annual examination of the mental condition of a sexually violent predator to determine whether conditional release to a less restrictive alternative or unconditional release is in the best interest of the person and the conditions imposed would adequately protect the community. Existing law requires that the report be in the form of a declaration and prepared by a professionally qualified person. +Proposition 83, enacted by the voters at the November 7, 2006, statewide general election, made various changes to the sexually violent predator civil commitment process. +Proposition 83 permits the Legislature to amend its provisions, either by a +2 +3 +vote of the membership of each house, or by a majority vote of the membership of each house if the amendments expand the scope of the application of the provisions of the proposition or increase the punishments or penalties provided in the proposition. +This bill would require the report described above to be signed by the Director of the State Department of State Hospitals. +By amending the requirements for the report, this bill would amend Proposition 83. +The bill would also create a 7-member oversight board to advise the Governor and the Legislature regarding the civil commitment of sexually violent predators comprised of representatives selected by the State Department of State Hospitals and other organizations, as specified. The bill would require the oversight board to meet at least 6 times per year and, beginning January 1, 2017, to make an annual report to the Governor and the Legislature including the board’s recommendations, as specified.","An act to amend +Section 6604.9 of +Sections 6601 an 6604.9 of, and to add Section 6610 to, +the Welfare and Institutions Code, relating to mental health." +697,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14549.2 of the Public Resources Code is amended to read: +14549.2. +(a) For purposes of this section, the following definitions shall apply: +(1) “Certified entity” means a recycling center, processor, or dropoff or collection program certified pursuant to this division. +(2) “Product manufacturer” means a person who manufactures a plastic product in this state. +(b) In order to develop California markets for empty plastic beverage containers collected for recycling in the state, the department may, consistent with Section 14581 and subject to the availability of funds, pay a market development payment to a certified entity or product manufacturer for empty plastic beverage containers collected and managed pursuant to this section. +(c) The department shall make a market development payment to a certified entity or product manufacturer in accordance with this section, only if the plastic beverage container is collected and either recycled or used in manufacturing, in the state, as follows: +(1) The department shall make a market development payment to a certified entity for empty plastic beverage containers that are collected for recycling in the state, that are subsequently washed and processed by a certified entity into a flake, pellet, or other form in the state, and made usable for the manufacture of a plastic product by a product manufacturer. +(2) The department shall make a market development payment to a product manufacturer for empty plastic beverage containers that are collected for recycling in the state, that are subsequently washed and processed into a flake, pellet, or other form in the state, and used by that product manufacturer to manufacture a product in this state. +(3) The department shall determine the amount of the market development payment, which may be set at a different level for a certified entity and a product manufacturer, but shall not exceed one hundred fifty dollars ($150) per ton. In setting the amount of the market development payment for both certified entities and product manufacturers, the department shall consider all of the following: +(A) The minimum funding level needed to encourage the in-state washing and processing of empty plastic beverage containers collected for recycling in this state. +(B) The minimum funding level needed to encourage the in-state manufacturing that utilizes empty plastic beverage containers collected for recycling in this state. +(C) The total amount of funds projected to be available for plastic market development payments and the desire to maintain the minimum funding level needed throughout the year. +(4) The department may make a market development payment to both a certified entity and a product manufacturer for the same empty plastic beverage container. +(d) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. +SEC. 2. +Section 14581 of the Public Resources Code is amended to read: +14581. +(a) Subject to the availability of funds and in accordance with subdivision (b), the department shall expend the moneys set aside in the fund, pursuant to subdivision (c) of Section 14580, for the purposes of this section in the following manner: +(1) For each fiscal year, the department may expend the amount necessary to make the required handling fee payment pursuant to Section 14585. +(2) Fifteen million dollars ($15,000,000) shall be expended annually for payments for curbside programs and neighborhood dropoff programs pursuant to Section 14549.6. +(3) (A) Ten million five hundred thousand dollars ($10,500,000) may be expended annually for payments of five thousand dollars ($5,000) to cities and ten thousand dollars ($10,000) for payments to counties for beverage container recycling and litter cleanup activities, or the department may calculate the payments to counties and cities on a per capita basis, and may pay whichever amount is greater, for those activities. +(B) Eligible activities for the use of these funds may include, but are not necessarily limited to, support for new or existing curbside recycling programs, neighborhood dropoff recycling programs, public education promoting beverage container recycling, litter prevention, and cleanup, cooperative regional efforts among two or more cities or counties, or both, or other beverage container recycling programs. +(C) These funds shall not be used for activities unrelated to beverage container recycling or litter reduction. +(D) To receive these funds, a city, county, or city and county shall fill out and return a funding request form to the department. The form shall specify the beverage container recycling or litter reduction activities for which the funds will be used. +(E) The department shall annually prepare and distribute a funding request form to each city, county, or city and county. The form shall specify the amount of beverage container recycling and litter cleanup funds for which the jurisdiction is eligible. The form shall not exceed one double-sided page in length, and may be submitted electronically. If a city, county, or city and county does not return the funding request form within 90 days of receipt of the form from the department, the city, county, or city and county is not eligible to receive the funds for that funding cycle. +(F) For the purposes of this paragraph, per capita population shall be based on the population of the incorporated area of a city or city and county and the unincorporated area of a county. The department may withhold payment to any city, county, or city and county that has prohibited the siting of a supermarket site, caused a supermarket site to close its business, or adopted a land use policy that restricts or prohibits the siting of a supermarket site within its jurisdiction. +(4) One million five hundred thousand dollars ($1,500,000) may be expended annually in the form of grants for beverage container recycling and litter reduction programs. +(5) (A) The department shall expend the amount necessary to pay the processing payment established pursuant to Section 14575. The department shall establish separate processing fee accounts in the fund for each beverage container material type for which a processing payment and processing fee are calculated pursuant to Section 14575, or for which a processing payment is calculated pursuant to Section 14575 and a voluntary artificial scrap value is calculated pursuant to Section 14575.1, into which account shall be deposited both of the following: +(i) All amounts paid as processing fees for each beverage container material type pursuant to Section 14575. +(ii) Funds equal to the difference between the amount in clause (i) and the amount of the processing payments established in subdivision (b) of Section 14575, and adjusted pursuant to paragraph (2) of subdivision (c) of, and subdivision (f) of, Section 14575, to reduce the processing fee to the level provided in subdivision (e) of Section 14575, or to reflect the agreement by a willing purchaser to pay a voluntary artificial scrap value pursuant to Section 14575.1. +(B) Notwithstanding Section 13340 of the Government Code, the moneys in each processing fee account are hereby continuously appropriated to the department for expenditure without regard to fiscal years, for purposes of making processing payments pursuant to Section 14575. +(6) Up to five million dollars ($5,000,000) may be annually expended by the department for the purposes of undertaking a statewide public education and information campaign aimed at promoting increased recycling of beverage containers. +(7) Up to ten million dollars ($10,000,000) may be expended annually by the department for quality incentive payments for empty glass beverage containers pursuant to Section 14549.1. +(8) (A) Up to ten million dollars ($10,000,000) may be expended annually by the department for market development payments for empty plastic beverage containers pursuant to Section 14549.2, until January 1, 2018. +(B) In addition to the amount specified in subparagraph (A), the department may expend the amount calculated pursuant to subparagraph (C) for market development payments for empty plastic beverage containers pursuant to Section 14549.2. +(C) The department shall calculate the amount authorized for expenditure pursuant to subparagraph (B) in the following manner: +(i) The department shall annually determine, on or before January 1, whether the amount of funds estimated to be necessary pursuant to clause (ii) of subparagraph (A) of paragraph (5) for deposit to a processing fee account established by the department for plastic beverage containers to make processing payments for plastic beverage containers for the current calendar year is less than the total amount of funds that were estimated to be necessary the previous calendar year pursuant to clause (ii) of subparagraph (A) of paragraph (5) for deposit to that processing fee account. +(ii) If the amount estimated to be necessary for the current calendar year, as specified in clause (i), is less than the amount estimated to be necessary for the previous calendar year, the department shall calculate the amount of that difference. +(iii) The department shall expend an amount that is not greater than 50 percent of the amount calculated pursuant to clause (ii) for purposes of subparagraph (B). +(iv) If the department determines that the amount of funds authorized for expenditure pursuant to this subparagraph is not needed to make plastic market development payments pursuant to subparagraph (B) in the calendar year for which that amount is allocated, the department may expend those funds during the following year. +(v) If the department determines that there are insufficient funds to both make the market development payments pursuant to subparagraph (B) and to deposit the amount required by clause (ii) of subparagraph (A) of paragraph (5), for purposes of making the processing payments and reducing the processing fees pursuant to Section 14575 for plastic beverage containers, the department shall suspend the implementation of this subparagraph and subparagraph (B). +(D) Subparagraphs (B) and (C) shall remain operative only until January 1, 2018. +(b) (1) If the department determines, pursuant to a review made pursuant to Section 14556, that there may be inadequate funds to pay the payments required by this division, the department shall immediately notify the appropriate policy and fiscal committees of the Legislature regarding the inadequacy. +(2) On or before 180 days, but not less than 80 days, after the notice is sent pursuant to paragraph (1), the department may reduce or eliminate expenditures, or both, from the funds as necessary, according to the procedure set forth in subdivision (c). +(c) If the department determines that there are insufficient funds to make the payments specified pursuant to this section and Section 14575, the department shall reduce all payments proportionally. +(d) Before making an expenditure pursuant to paragraph (6) of subdivision (a), the department shall convene an advisory committee consisting of representatives of the beverage industry, beverage container manufacturers, environmental organizations, the recycling industry, nonprofit organizations, and retailers to advise the department on the most cost-effective and efficient method of the expenditure of the funds for that education and information campaign. +(e) Subject to the availability of funds, the department shall retroactively pay in full any payments provided in this section that have been proportionally reduced during the period of January 1, 2010, through June 30, 2010.","Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires a distributor to pay a redemption payment for every beverage container sold or offered for sale in the state by the distributor to the Department of Resources Recycling and Recovery for deposit in the California Beverage Container Recycling Fund. Moneys in the fund are continuously appropriated to the department for certain payments, including market development payments. Existing law authorizes the department, until that authorization is repealed on January 1, 2017, to (1) annually expend up to $10,000,000 from the fund to make market development payments to an entity certified by the department as a recycling center, processor, or dropoff or collection program for empty plastic beverage containers that are subsequently washed and processed into flake, pellet, or other form, and made usable for the manufacture of a plastic product, or to a product manufacturer for empty plastic beverage containers that are subsequently washed and processed into flake, pellet, or other form, and used by that product manufacturer to manufacture a product, and to (2) expend additional amounts to make market development payments, calculated as provided. +This bill would postpone that repeal until January 1, 2018. By extending the term of a continuous appropriation, this bill would make an appropriation.","An act to amend Sections 14549.2 and 14581 of the Public Resources Code, relating to beverage containers, and making an appropriation therefor." +698,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 51228.1 is added to the Education Code, to read: +51228.1. +(a) Commencing with the 2016–17 school year, except as provided in subdivision (e), a school district maintaining any of grades 9 to 12, inclusive, shall not assign a pupil enrolled in any of grades 9 to 12, inclusive, in a school in the school district to any course period without educational content for more than one week in any semester, unless all of the following conditions are satisfied: +(1) A pupil is assigned to that course only if the pupil or, for a pupil who has not reached the age of majority, the pupil’s parent, guardian, or educational rights holder has consented in writing to the assignment. +(2) A school official has determined that the pupil will benefit from being assigned to the course period. +(3) The principal or assistant principal of the school has stated in a written document maintained at the school that, for the relevant school year, no pupils are assigned to those classes unless the school has met the conditions specified in paragraphs (1) and (2). +(b) Under no circumstances shall a school district assign a pupil enrolled in any of grades 9 to 12, inclusive, in a school in the school district to a course period without educational content because there are not sufficient curricular course offerings for the pupil to take during the relevant period of the designated schoolday. +(c) For purposes of this section, “course period without educational content” is defined as one course period during which any of the following occurs: +(1) The pupil is sent home or released from campus before the conclusion of the designated schoolday. +(2) The pupil is assigned to a service, instructional work experience, or to an otherwise named course in which the pupil is assigned to assist a certificated employee, but not expected to complete curricular assignments, in a course the certificated employee is teaching during that period and where the ratio of certificated employees to pupils assigned to the course for curricular purposes is less than one to one. +(3) The pupil is not assigned to any course for the relevant course period. +(d) Nothing in this section shall be interpreted to limit or otherwise affect the authority of a school district to authorize dual enrollment in community college, as provided for in Chapter 5 (commencing with Section 48800) of Part 27, to establish and maintain evening high school programs, as provided for in Article 3 (commencing with Section 51720) of Chapter 5, to offer independent study, as provided for in Article 5.5 (commencing with Section 51745) of Chapter 5, to provide courses of work-based learning or work experience education, as provided for in Article 7 (commencing with Section 51760) of Chapter 5, or to offer any class or course of instruction authorized under Chapter 5 (commencing with Section 51700), if the program otherwise meets all of the requirements of law governing that program. +(e) This section shall not apply to a pupil enrolled in any of the following: +(1) An alternative school. +(2) A community day school. +(3) A continuation high school. +(4) An opportunity school. +(f) The Superintendent shall develop regulations for adoption by the state board to establish procedures governing this section, including the form of the written statement required pursuant to subdivision (a). +SEC. 2. +Section 51228.2 is added to the Education Code, to read: +51228.2. +(a) Commencing with the 2016–17 school year, except as provided in subdivision (d), a school district maintaining any of grades 9 to 12, inclusive, shall not assign a pupil enrolled in any of grades 9 to 12, inclusive, in a school in the school district to a course that the pupil has previously completed and received a grade determined by the school district to be sufficient to satisfy the requirements and prerequisites for admission to the California public institutions of postsecondary education and the minimum requirements for receiving a diploma of graduation from high school established in this article, unless either of the following applies: +(1) The course has been designed to be taken more than once because pupils are exposed to a new curriculum year to year and are therefore expected to derive educational value from taking the course again. +(2) For any course that has not been designed to be taken more than once, all of the following conditions are satisfied: +(A) A pupil is assihis section shall be interpreted to limit or otherwise affect the authority of a school district to authorize dual enrollment in community college, as provided for in Chapter 5 (commencing with Section 48800) of Part 27, to establish and maintain evening high school programs, as provided for in Article 3 (commencing with Section 51720) of Chapter 5, to offer independent study, as provided for in Article 5.5 (commencing with Section 51745) of Chapter 5, to provide courses of work-based learning or work experience education, as provided for in Article 7 (commencing with Section 51760) of Chapter 5, or to offer any class or course of instruction authorized under Chapter 5 (commencing with Section 51700), if the program otherwise meets all of the requirements of law governing that program. +(d) This section shall not apply to a pupil enrolled in any of the following: +(1) An alternative school. +(2) A community day school. +(3) A continuation high school. +(4) An opportunity school. +(e) The Superintendent shall develop regulations for adoption by the state board to establish procedures governing this section, including the form of the written statement required pursuant to subdivision (a). +SEC. 3. +Section 51228.3 is added to the Education Code, to read: +51228.3. +(a) A complaint of noncompliance with the requirements of Section 51228.1 or 51228.2 may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. +(b) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, and shall receive a decision regarding the appeal within 60 days of the department’s receipt of the appeal. +(c) If a local educational agency finds merit in a complaint filed pursuant to subdivision (a), or the Superintendent finds merit in an appeal made pursuant to subdivision (b), the local educational agency shall provide a remedy to the affected pupil. +(d) The Superintendent shall prepare an annual report detailing actions taken pursuant to this section. By January 1 of each year, the Superintendent shall submit the report to the appropriate fiscal and policy committees of the Legislature. +(e) The Superintendent shall have all power and authority necessary to effectuate the requirements of this section. The Superintendent shall develop regulations for adoption by the state board that set forth the procedures governing this section. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes a system of public elementary and secondary education in this state, and requires and authorizes local educational agencies to provide specified instruction at elementary and secondary schools. Existing law prescribes various requirements with respect to a course of study for grades 7 to 12, inclusive, at these schools. +This bill, commencing with the 2016–17 school year, would prohibit school districts that maintain any of grades 9 to 12, inclusive, from assigning a pupil enrolled in any of grades 9 to 12, inclusive, in a school, as defined to exclude alternative schools, community day schools, continuation schools, and opportunity schools, in the school district to any course period without educational content, as defined, for more than one week in any semester, except under prescribed conditions. The bill would specifically prohibit school districts from assigning a pupil enrolled in any of grades 9 to 12, inclusive, in a school in the school district to a course period without educational content because there are not sufficient curricular course offerings for the pupil to take during the relevant period of the designated schoolday. +The bill would, commencing with the 2016–17 school year, also prohibit school districts that maintain any of grades 9 to 12, inclusive, from assigning a pupil enrolled in any of grades 9 to 12, inclusive, in a school, as defined to exclude alternative schools, community day schools, continuation schools, and opportunity schools, in the school district, to a course that the pupil has previously completed and received a grade determined by the school district to be sufficient to satisfy the requirements and prerequisites for admission to the California public institutions of postsecondary education and the minimum requirements for receiving a diploma of graduation from high school, except under specified conditions. +The bill would specify that it is not to be interpreted to limit or otherwise affect the authority of a school district to authorize dual enrollment in community college or to provide evening high school programs, independent study programs, or work-based learning or work experience education. +The bill would specify procedures to be followed if a complaint of noncompliance with the requirements of the bill is filed with a local educational agency or if an appeal of the local educational agency’s decision on the complaint is made to the State Department of Education. The bill would require the Superintendent of Public Instruction to prepare an annual report detailing actions taken pursuant to these procedures. +The bill would require the Superintendent to develop regulations for adoption by the State Board of Education governing these provisions. +To the extent that this bill would create new duties for local educational agencies, it would constitute a state-mandated local program. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Sections 51228.1, 51228.2, and 51228.3 to the Education Code, relating to pupil instruction." +699,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25402.1 of the Public Resources Code is amended to read: +25402.1. +In order to implement the requirements of subdivisions (a) and (b) of Section 25402, all of the following shall apply: +(a) The commission shall develop a public domain computer program that will enable contractors, builders, architects, engineers, and government officials to estimate the energy consumed by residential and nonresidential buildings. The commission may charge a fee for the use of the program, which shall be based upon the actual cost of the program, including any computer costs. +(b) The commission shall establish a formal process for certification of compliance options for new products, materials, and calculation methods that provides for adequate technical and public review to ensure accurate, equitable, and timely evaluation of certification applications. Proponents filing applications for new products, materials, and calculation methods shall provide all information needed to evaluate the application that is required by the commission. The commission shall publish annually the results of its certification decisions and instructions to users and local building officials concerning requirements for showing compliance with the building standards for new products, materials, or calculation methods. The commission may charge and collect a reasonable fee from applicants to cover the costs under this subdivision. Any funds received by the commission for purposes of this subdivision shall be deposited in the Energy Resources Programs Account and, notwithstanding Section 13340 of the Government Code, are continuously appropriated to the commission for the purposes of this subdivision. Any unencumbered portion of funds collected as a fee for an application remaining in the Energy Resources Programs Account after completion of the certification process for that application shall be returned to the applicant within a reasonable period of time. +(c) The commission shall include a prescriptive method of complying with the standards, including design aids such as a manual, sample calculations, and model structural designs. +(d) The commission shall conduct a pilot project of field testing of actual residential buildings to calibrate and identify potential needed changes in the modeling assumptions to increase the accuracy of the public domain computer program specified in subdivision (a) and to evaluate the impacts of the standards, including, but not limited to, the energy savings, cost-effectiveness, and the effects on indoor air quality. The pilot project shall be conducted pursuant to a contract entered into by the commission. The commission shall consult with the participants designated pursuant to Section 9202 of the Public Utilities Code, as that section read on December 31, 2003, to seek funding and support for field monitoring in each public utility service territory, with the University of California to take advantage of its extensive building monitoring expertise, and with the California Building Industry Association to coordinate the involvement of builders and developers throughout the state. The pilot project shall include periodic public workshops to develop plans and review progress. The commission shall prepare and submit a report to the Legislature on progress and initial findings not later than December 31, 1988, and a final report on the results of the pilot project on residential buildings not later than June 30, 1990. The report shall include recommendations regarding the need and feasibility of conducting further monitoring of actual residential and nonresidential buildings. The report shall also identify any revisions to the public domain computer program and energy conservation standards if the pilot project determines that revisions are appropriate. +(e) The commission shall certify, not later than 180 days after approval of the standards by the State Building Standards Commission, an energy conservation manual for use by designers, builders, and contractors of residential and nonresidential buildings. The manual shall be furnished upon request at a price sufficient to cover the costs of production and shall be distributed at no cost to all affected local agencies. The manual shall contain, but not be limited to, the following: +(1) The standards for energy conservation established by the commission. +(2) Forms, charts, tables, and other data to assist designers and builders in meeting the standards. +(3) Design suggestions for meeting or exceeding the standards. +(4) Any other information which the commission finds will assist persons in conforming to the standards. +(5) Instructions for use of the computer program for calculating energy consumption in residential and nonresidential buildings. +(6) The prescriptive method for use as an alternative to the computer program. +(f) The commission shall approve and make publicly available, not less than six months prior to the effective date of adopted or updated standards, a version of the public domain computer program developed pursuant to subdivision (a) that will function properly with those adopted on updated standards. Before approving the public domain computer program for use with adopted or updated standards, the commission shall do both of the following: +(1) Perform preliminary tests of the public domain computer program using common examples of residential and nonresidential buildings and building systems to ensure the usability of the public domain computer program by users of the program, including, but not limited to, architects, builders, contractors, and local code enforcement personnel. +(2) Make the results of the preliminary tests publicly available. +(g) The commission shall establish a continuing program of technical assistance to local building departments in the enforcement of subdivisions (a) and (b) of Section 25402 and this section. The program shall include the training of local officials in building technology and enforcement procedures related to energy conservation, and the development of complementary training programs conducted by local governments, educational institutions, and other public or private entities. The technical assistance program shall include the preparation and publication of forms and procedures for local building departments in performing the review of building plans and specifications. The commission shall provide, on a contract basis, a review of building plans and specifications submitted by a local building department, and shall adopt a schedule of fees sufficient to repay the cost of those services. +(h) Subdivisions (a) and (b) of Section 25402 and this section, and the rules and regulations of the commission adopted pursuant to those provisions, shall be enforced by the building department of every city, county, or city and county. +(1) A building permit for a residential or nonresidential building shall not be issued by a local building department, unless a review by the building department of the plans for the proposed residential or nonresidential building contains detailed energy system specifications and confirms that the building satisfies the minimum standards established pursuant to subdivision (a) or (b) of Section 25402 and this section applicable to the building. +(2) Where there is no local building department, the commission shall enforce subdivisions (a) and (b) of Section 25402 and this section. +(3) If a local building department fails to enforce subdivisions (a) and (b) of Section 25402 and this section or any other provision of this chapter or standard adopted pursuant thereto, the commission may provide enforcement after furnishing 10 days’ written notice to the local building department. +(4) A city, county, or city and county may, by ordinance or resolution, prescribe a schedule of fees sufficient to pay the costs incurred in the enforcement of subdivisions (a) and (b) of Section 25402 and this section. The commission may establish a schedule of fees sufficient to pay the costs incurred by that enforcement. +(5) The construction of a state building shall not commence until the Department of General Services or the state agency that otherwise has jurisdiction over the property reviews the plans for the proposed building and certifies that the plans satisfy the minimum standards established pursuant to Chapter 2.8 (commencing with Section 15814.30) of Part 10b of Division 3 of Title 2 of the Government Code, subdivision (a) or (b) of Section 25402, and this section that are applicable to the building. +(i) Subdivisions (a) and (b) of Section 25402 and this section shall apply only to new residential and nonresidential buildings on which actual site preparation and construction have not commenced prior to the effective date of rules and regulations adopted pursuant to those provisions that are applicable to those buildings. Those sections shall not prohibit either of the following: +(1) The enforcement of state or local energy conservation or energy insulation standards, adopted prior to the effective date of rules and regulations adopted pursuant to subdivisions (a) and (b) of Section 25402 and this section with regard to residential and nonresidential buildings on which actual site preparation and construction have commenced prior to that date. +(2) The enforcement of city or county energy conservation or energy insulation standards, whenever adopted, with regard to residential and nonresidential buildings on which actual site preparation and construction have not commenced prior to the effective date of rules and regulations adopted pursuant to subdivisions (a) and (b) of Section 25402 and this section, if the city or county files the basis of its determination that the standards are cost effective with the commission and the commission finds that the standards will require the diminution of energy consumption levels permitted by the rules and regulations adopted pursuant to those sections. If, after two or more years after the filing with the commission of the determination that those standards are cost effective, there has been a substantial change in the factual circumstances affecting the determination, upon application by any interested party, the city or county shall update and file a new basis of its determination that the standards are cost effective. The determination that the standards are cost effective shall be adopted by the governing body of the city or county at a public meeting. If, at the meeting on the matter, the governing body determines that the standards are no longer cost effective, the standards shall, as of that date, be unenforceable and no building permit or other entitlement shall be denied based on the noncompliance with the standards. +(j) The commission may exempt from the requirements of this section and of any regulations adopted pursuant to this section any proposed building for which compliance would be impossible without substantial delays and increases in cost of construction, if the commission finds that substantial funds have been expended in good faith on planning, designing, architecture, or engineering prior to the date of adoption of the regulations. +(k) If a dispute arises between an applicant for a building permit, or the state pursuant to paragraph (5) of subdivision (h), and the building department regarding interpretation of Section 25402 or the regulations adopted pursuant thereto, either party may submit the dispute to the commission for resolution. The commission’s determination of the matter shall be binding on the parties. +(l) Nothing in Section 25130, 25131, or 25402, or in this section prevents enforcement of any regulation adopted pursuant to this chapter, or Chapter 11.5 (commencing with Section 19878) of Part 3 of Division 13 of the Health and Safety Code as they existed prior to September 16, 1977. +SEC. 2. +Section 25942 of the Public Resources Code is amended to read: +25942. +(a) The commission shall establish criteria for adopting a statewide home energy rating program for residential dwellings. The program criteria shall include, but are not limited to, all of the following elements: +(1) Consistent, accurate, and uniform ratings based on a single statewide rating scale. +(2) Reasonable estimates of potential utility bill savings, and reliable recommendations on cost-effective measures to improve energy efficiency. +(3) Training and certification procedures for home raters and quality assurance procedures to promote accurate ratings and to protect consumers. +(4) In coordination with home energy rating service organization databases, procedures to establish a centralized, publicly accessible, database that includes a uniform reporting system for information on residential dwellings, excluding proprietary information, needed to facilitate the program. There shall be no public access to information in the database concerning specific dwellings without the owner’s or occupant’s permission. +(5) Labeling procedures that will meet the needs of home buyers, homeowners, renters, the real estate industry, and mortgage lenders with an interest in home energy ratings. +(b) The commission shall adopt the program pursuant to subdivision (a) in consultation with representatives of the Bureau of Real Estate, the Department of Housing and Community Development, the Public Utilities Commission, investor-owned and municipal utilities, cities and counties, real estate licensees, home builders, mortgage lenders, home appraisers and inspectors, home energy rating organizations, contractors who provide home energy services, consumer groups, and environmental groups. +(c) Home energy rating services shall not be performed in this state unless the services have been certified, if such a certification program is available, by the commission to be in compliance with the program criteria specified in subdivision (a) and, in addition, are in conformity with any other applicable element of the program. +(d) The commission shall consult with the agencies and organizations described in subdivision (b), to facilitate a public information program to inform homeowners, rental property owners, renters, sellers, and others of the existence of the statewide home energy rating program adopted by the commission. +(e) The commission shall, as part of the biennial report prepared pursuant to Section 25302, report on the progress made to implement a statewide home energy rating program. The report shall include an evaluation of the energy savings attributable to the program, and a recommendation concerning which means and methods will be most efficient and cost-effective to induce home energy ratings for residential dwellings. +(f) For existing single-family residential dwellings and multifamily residential dwellings with up to four units, the commission shall do both of the following in administering the statewide home energy rating program: +(1) Ensure energy assessment tools +used +approved +by the commission are routinely adjusted to improve modeling accuracy. +(2) Ensure that consumers receive a notice with the output of the energy assessment tools explaining the assumptions used in the energy assessment tools and how they may differ from actual usage patterns.","(1) Existing law requires the State Energy Resources Conservation and Development Commission to prescribe, by regulation, lighting, insulation climate control system, and other building design and construction standards that increase the efficiency in the use of energy and water for new residential and new nonresidential buildings. Existing law also requires the commission to prescribe, by regulation, energy and water conservation design standards for new residential and new nonresidential buildings. In order to implement these requirements, existing law requires the commission to develop a public domain computer program that enables contractors, builders, architects, engineers, and government officials to estimate energy consumed by residential and nonresidential buildings. +This bill would require the commission to approve and make publicly available, not less than 6 months prior to the effective date of adopted or updated efficiency standards, a version of the public domain computer program that will function properly with these adopted or updated standards. The bill would require the commission, before approving the public domain computer program for use with adopted or updated standards, to perform preliminary tests of the public domain computer program using common examples of residential and nonresidential buildings and building systems to ensure the usability of the program. The bill would require the commission to make the results of those preliminary tests publicly available. +(2) Existing law requires the commission to establish criteria for adopting a statewide home energy rating program for residential dwellings. +For existing single-family residential dwellings and multifamily residential dwellings with up to 4 units, this bill would require the commission, in administering the statewide home energy rating program, to ensure that energy assessment tools +used +approved +by the commission are routinely adjusted to improve modeling accuracy and to ensure that consumers receive a notice with the output of the energy assessment tools explaining the assumptions used in the energy assessment tools and how they may differ from actual usage patterns.","An act to amend Sections 25402.1 and 25942 of the Public Resources Code, relating to energy." +700,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The Safe Neighborhoods and Schools Act, approved as Proposition 47 by the voters at the November 4, 2014, statewide general election (the act), made significant changes to the state’s criminal justice system by reducing the penalties for certain nonviolent, nonserious drug and property crimes. The act requires the state savings realized from these criminal justice changes to be deposited in the Safe Neighborhoods and Schools Fund and spent on prevention and support services with the intent of reducing crime, including truancy and dropout prevention. +(b) The act requires 25 percent of the moneys deposited in the Safe Neighborhoods and Schools Fund to be allocated to the State Department of Education for administration of a grant program to reduce truancy and support pupils who are at risk of dropping out of school or who are victims of crime. +(c) In accordance with the act, the funding provided to K–12 education should be used to help build the capacity of local educational agencies to identify and implement evidence-based, nonpunitive programs and practices to keep our most vulnerable pupils in school, consistent with each local educational agency’s local control and accountability plan, including, but not limited to, its goals for pupil engagement and school climate. +(d) California needs to increase the knowledge base concerning which strategies are most effective for improving pupil success and eliminating the school-to-prison pipeline, including, but not necessarily limited to, providing resources to local educational agencies to establish community schools and address pupil attendance problems in kindergarten and grades 1 to 3, inclusive. One manner in which this can be accomplished is for the local educational agencies participating in the K–12 education grant program pursuant to the act to report and evaluate outcomes using multiple measures, while engaging in a broader community of practice that disseminates promising and proven strategies to local educational agencies statewide. +SEC. 2. +Article 10 (commencing with Section 33430) is added to Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code, to read: +Article 10. The Learning Communities for School Success Program +33430. +The Learning Communities for School Success Program is hereby established for the purpose of implementing, pursuant to paragraph (1) of subdivision (a) of Section 7599.2 of the Government Code, the K–12 education portion of the Safe Neighborhoods and Schools Act, as approved as Proposition 47 by the voters at the November 4, 2014, statewide general election. Through this program, the department shall administer grants and coordinate assistance to local educational agencies to support the local educational agencies in identifying and implementing evidence-based, nonpunitive programs and practices that are aligned with the goals for pupils contained in each of the local educational agency’s local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. +33431. +(a) A local educational agency that chooses to apply for funding pursuant to this article shall submit an application to the department to receive a grant, in a format and by a date determined by the department. An application submitted to the department by a local educational agency shall include, at a minimum, all of the following: +(1) Information about the pupil and school needs within the local educational agency. +(2) The activities the local educational agency will undertake with the grant funding. +(3) How the activities specified in paragraph (2) support the local educational agency’s goals for pupils contained in its local control and accountability plan. +(4) How the local educational agency will measure outcomes associated with the activities specified in subdivision (e) and metrics reported in the local educational agency’s local control and accountability plan. +(b) An application shall be for three years of grant funding. Consistent with the provisions of this article, the department may establish requirements for grantees to meet at the end of the first and second years of funding in order to receive funding for the remaining grant period. +(c) The department shall determine eligibility for grants and the distribution of grant funding based on all of the following factors: +(1) Pupil and school needs the local educational agency will address with the grant funds. +(2) Number of pupils to be served with the grant funds. +(3) Number, size, and type of participating schools within the local educational agency. +(4) Any challenges the local educational agency experiences in building capacity for fulfilling the purposes of this article. +(5) The unique characteristics of small school districts, given their challenges with economies of scale and access to services in rural locations. +(d) (1) Before the initial application deadline, the department shall conduct targeted outreach to local educational agencies that are likely to be given priority pursuant to subdivision (b) of Section 33432 and shall offer the local educational agencies technical assistance as they develop their grant applications. +(2) The department may provide technical assistance with application development to any local educational agency that requests assistance. This may include assistance from external entities the department may contract with as part of the training and technical assistance structure established pursuant to Section 33433. +(e) The department shall issue application guidelines that include, at a minimum, information about the department’s plans for overall evaluation of the program considering the objectives identified in Section 33434. For purposes of facilitating program evaluation, the department, in consultation with the executive director of the state board, shall identify a set of measures and associated data sources that are deemed valid and reliable for measuring pupil and school outcomes and assessing the benefits of the program. +(f) In meeting the requirements of this section, the department shall consult with stakeholders, including, but not limited to, representatives of local educational agencies, teachers and other school personnel, parents, advocacy organizations with experience working with target vulnerable populations, and parent- and youth-serving community-based organizations. It the intent of the Legislature that stakeholders provide input to the department on the design of the application and review process, including the size of the grant awards. The stakeholders shall not be involved in determining who will be awarded grants. +33432. +(a) A local educational agency that receives a grant shall use the grant funds for planning, implementation, and evaluation of activities in support of evidence-based, nonpunitive programs and practices to keep the state’s most vulnerable pupils in school. These activities shall complement or enhance the actions and services identified to meet the local educational agency’s goals as identified in its local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. These activities may include, but are not limited to, all of the following: +(1) Establishing a community school, as defined in Section 33435. +(2) Implementing activities or programs to improve attendance and reduce chronic absenteeism, including, but not limited to, early warning systems or early intervention programs. +(3) Implementing restorative practices, restorative justice models, or other programs to improve retention rates, reduce suspensions and other school removals, and reduce the referral of pupils to law enforcement agencies. +(4) Implementing activities that advance social-emotional learning, positive behavior interventions and supports, culturally responsive practices, and trauma-informed strategies. +(5) Establishing partnerships with community-based organizations or other relevant entities to support the implementation of evidence-based, nonpunitive approaches to further the goals of the program. +(6) Adding or increasing staff within a local educational agency whose primary purpose is to address ongoing chronic attendance problems, including, but not necessarily limited to, conducting outreach to families and children currently, or at risk of becoming, chronically truant. +(b) In selecting grant recipients pursuant to this article, the department shall give priority to a local educational agency that meets any of the following criteria: +(1) (A) Has a high rate of chronic absenteeism, out-of-school suspension, or school dropout for the general pupil population or for a numerically significant pupil subgroup, as identified in a local control and accountability plan pursuant to paragraphs (2) and (3) of subdivision (a) of Section 52052. +(B) For purposes of this paragraph, “high rate” means a rate that exceeds the state average. +(2) Is located in a community with a high crime rate. +(3) Has a significant representation of foster youth among its pupil enrollment. +(c) A local educational agency that receives a grant shall provide a local contribution of matching expenditures equal to at least 20 percent of the total grant award. This local contribution can be from cash expenditures or in-kind contributions. A local educational agency is encouraged to exceed the 20-percent match requirement to enable the local educational agency to sustain the activities or programs established under this article beyond the three-year grant period. +(d) A local educational agency that receives a grant shall use the grant funds to increase or improve services that the local educational agency currently provides for purposes specified in this article. +(e) A local educational agency shall not use grant funds to pay for law enforcement activities, including personnel or equipment. +33433. +(a) The department shall use the funding the Safe Neighborhoods and Schools Act authorizes for administrative costs pursuant to subdivision (b) of Section 7599.2 of the Government Code, which is no more than 5 percent of the annual funding the department receives from the Safe Neighborhoods and Schools Fund, for the administrative costs of implementing this article, including, but not limited to, administering grant awards, coordinating the training and technical assistance structure described in subdivision (b), and completing the evaluation pursuant to Section 33434. +(b) The department shall establish a structure to deliver training and technical assistance to grantees using regional workshops and technical assistance providers that have expertise on pupil engagement, school climate, truancy reduction, and supporting pupils who are at risk of dropping out of school or who are victims of crime. The department may contract with those providers to assist the grantees as well as to serve as a resource for other local educational agencies that may use their own funding sources to engage in this community of practice. Technical assistance provided pursuant to this subdivision shall be consistent with the technical assistance provided to a local educational agency by the county superintendent of schools or the Superintendent, as appropriate, in the development of the local control and accountability plan. +33434. +(a) A local educational agency that receives grant funding pursuant to this article shall evaluate and report to the governing board of the school district, the county board of education, or its chartering authority, as applicable, and the department the results of the activities it undertakes pursuant to this article. The department shall compile information from grantee reports as part of an overall evaluation of the grant program implementation. The department shall assess the benefits of participation in the program and identify the pupil and school outcomes associated with the strategies and programs implemented by grantees. The department shall submit an interim report of preliminary evaluation findings to the Legislature on or before January 31, 2019, and a final evaluation report to the Legislature on or before January 31, 2020. +(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. +(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 31, 2024. +33435. +For purposes of this article, the following definitions apply: +(a) “Community school” means a public school that participates in a community-based effort to coordinate and integrate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships with one or more community partners for the delivery of community services that may be provided at a schoolsite to pupils, families, and community members. +(b) “Local educational agency” means a school district, county office of education, or charter school. +33436. +This article shall not become operative unless funds are appropriated in the annual Budget Act or another statute to the Safe Neighborhoods and Schools Fund in accordance with the Safe Neighborhoods and Schools Act for the purposes specified in this article. +SEC. 3. +Sections 1 and 2 of this act shall become operative only if Senate Bill No. 527 of the 2015–16 Regular Session is chaptered and becomes operative on or before January 1, 2017.","Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, among other things, established the Safe Neighborhoods and Schools Fund, a continuously appropriated fund, which is funded by savings that accrue to the state from the implementation of the act. The act provides that, among other purposes, 25% of the funds shall be disbursed to the State Department of Education to administer a grant program to public agencies aimed at improving outcomes for public school pupils by reducing truancy and supporting pupils who are at risk of dropping out of school or are victims of crime. +This bill would establish the Learning Communities for School Success Program for the purpose of implementing that grant program, subject to an appropriation to the Safe Neighborhoods and Schools Fund in the annual Budget Act or another statute for the purposes of the bill. The bill would specify the administrative duties and responsibilities of the department with respect to the program, including administering grants and coordinating assistance to local educational agencies, as defined. The bill would set forth criteria to guide the department in awarding grants under the program, and would specify the purposes for which grant funds may be used. The bill would require the department to submit a final evaluation of the program to the Legislature on or before January 31, 2020. +These provisions would become operative only if SB 527 of the 2015–16 Regular Session is chaptered and becomes operative on or before January 1, 2017.","An act to add Article 10 (commencing with Section 33430) to Chapter 3 of Part 20 of Division 2 of Title 2 of, and to repeal Section 33434 of, the Education Code, relating to education finance." +701,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares that it is necessary to provide the public the means to determine which charitable entities providing supportive services to veterans meet certain minimum standards of cultural competency and financial legitimacy. +(b) It is the intent of the Legislature to establish a voluntary certification program whereby the Department of Veterans Affairs will certify that certain charitable entities providing supportive services to veterans meet minimum standards. +(c) It is further the intent of the Legislature that the Secretary of the Department of Veterans Affairs consider whether it would be beneficial to the people of the State of California to, in the future, establish a uniform process for state contracting that provides a preference to entities certified by the department pursuant to Section 999.75 of the Military and Veterans Code under a state contract or grant for supportive services to veterans or their families. +SEC. 2. +Article 8 (commencing with Section 999.75) is added to Chapter 6 of Division 4 of the Military and Veterans Code, to read: +Article 8. Veterans Preference For State Services Contracts +999.75. +For purposes of this article, both of the following shall apply: +(a) A “certified California veteran service provider” means an entity that is certified by the department as having an established history of providing supportive services and that meets all of the following requirements: +(1) Provides at least +three +two +of the following supportive services: housing assistance, health services, mental health services, small business assistance, employment services, and job training services to veterans and their families. +(2) +Demonstrates +Demonstrates, through the submission of appropriate supporting data, that the veteran service provider has +the knowledge, experience, and cultural competency to provide supportive services to veterans and their families. +(3) Demonstrates through audits and employment history the fiscal and management capacity to capably perform supportive services to veterans and their families. +(4) Is a nonprofit organization that is exempt from federal income taxation as an organization described in Section 501(c)(3) or Section 501(c)(19) of the Internal Revenue Code. +(5) Demonstrates through the submission of appropriate supporting data that the entity has effectively served the needs of +veteran or veteran family clients. +veterans and their families. +(6) Demonstrates that all required filings with the Secretary of State, the office of the Attorney General, and the Franchise Tax Board are current. Demonstrates that the entity meets or exceeds the provisions of Article 1.3 (commencing with Section 17510) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code and complies with the standards included in the Attorney General’s Guide for Charities. +(b) A certified California veteran service provider shall provide to the department all of the following up-to-date documents upon application for certification and at any time during the certification period on request and reasonable notice by the department: +(1) Articles of incorporation and all amendments to the articles of incorporation. +(2) IRS Letter of Determination. +(3) Taxpayer identification number. +(4) Independent audit reports dating back three years. +(c) (1) In order to obtain certification as a certified California veteran service provider, the applicant shall apply to the department, in a form and manner as required by the department. +(2) Beginning +July 1, 2017, +January 1, 2018, +the department shall begin processing and approving or rejecting all applications on the basis of the requirements set forth in subdivision (a). +(d) The department shall maintain a list of certified California veteran service providers on its Internet Web site, including the type of supportive services provided by the providers. +(e) On or before April 1, 2017, the department shall provide the Committee on Veterans Affairs in both houses of the Legislature with a progress report on the status of the regulations required by +subdivision (d). +Section 999.76. +999.76. +(a) A certification approved by the department shall be valid for three years from the date the department accepts credentials for certification unless the department decertifies the certified California veteran service provider. +(b) The department may accept current certifications and licenses from any other state entity, agency, or department in order to provide a certification of a certified California veteran service provider pursuant to Section 999.75. +(c) The department may accept an organization’s status as a congressionally chartered veterans service organization as support for certification of a certified California veteran service provider pursuant to Section 999.75. +(d) No later than July 1, 2017, the department shall adopt rules, procedures, and regulations as necessary to +certify a veteran service provider, and to +decertify a certified California veteran service provider prior to the expiration of a current certification when the certified California veteran service provider no longer meets the requirements set forth in Section 999.75. +(e) The department shall adopt a fee to defray the department’s reasonable cost of certification, not to exceed seven hundred fifty dollars ($750).","Existing law provides for certain services, protections, and benefits for veterans. Existing law establishes a 3-percent participation goal for disabled veteran business enterprises in state procurement. +This bill would allow entities meeting specified requirements to apply to the Department of Veterans Affairs to become certified California veteran service providers. The bill would require the department to maintain a list of certified California veteran service providers on its Internet Web site, including the type of supportive services provided by the providers. The bill would require that certification would remain valid for 3 years unless the entity is decertified by the department. The bill would require the department, no later than July 1, 2017, to adopt rules, procedures, and regulations as necessary to +certify an entity, and to +decertify an entity if it no longer meets the requirements to be a certified California veteran service provider. +The bill would require the department to adopt a fee to defray the department’s reasonable cost of certification not to exceed $750.","An act to add Article 8 (commencing with Section 999.75) to Chapter 6 of Division 4 of the Military and Veterans Code, relating to veterans." +702,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 60501 of the Revenue and Taxation Code is amended to read: +60501. +Persons who have paid a tax for diesel fuel lost, sold, or removed as provided in paragraph (4) of subdivision (a), or used in a nontaxable use, other than on a farm for farming purposes or in an exempt bus operation, shall, except as otherwise provided in this part, be reimbursed and repaid the amount of the tax. +(a) Except as otherwise provided in subdivision (b), a claim for refund with respect to diesel fuel is allowed under this section only if all of the following apply: +(1) Tax was imposed on the diesel fuel to which the claim relates. +(2) The claimant bought or produced the diesel fuel and did not sell or resell it in this state except as provided in paragraph (4). +(3) The claimant has filed a timely claim for refund that contains the information required under subdivision (b) and the claim is supported by the original invoice or original invoice facsimile retained in an alternative storage media showing the purchase. If no original invoice was created, electronic invoicing shall be accepted as reflected by a computerized facsimile when accompanied by an original copy of the bill of lading or fuel manifest that can be directly tied to the electronic invoice. +(4) The diesel fuel was any of the following: +(A) Used for purposes other than operating motor vehicles upon the public highways of the state. +(B) Exported for use outside of this state. Diesel fuel carried from this state in the fuel tank of a motor vehicle is not deemed to be exported from this state unless the diesel fuel becomes subject to tax as an import under the laws of the destination state. +(C) Used in any construction equipment that is exempt from vehicle registration pursuant to the Vehicle Code, while operated within the confines and limits of a construction project. +(D) Used in the operation of a motor vehicle on any highway that is under the jurisdiction of the United States Department of Agriculture and with respect to the use of the highway the claimant pays, or contributes to, the cost of construction or maintenance thereof pursuant to an agreement with, or permission of, the United States Department of Agriculture. +(E) Used in any motor vehicle owned by any county, city and county, city, district, or other political subdivision or public agency when operated by it over any highway constructed and maintained by the United States or any department or agency thereof within a military reservation in this state. If the motor vehicle is operated both over the highway and over a public highway outside the military reservation in a continuous trip the tax shall not be refunded as to that portion of the diesel fuel used to operate the vehicle over the public highway outside the military reservation. +Nothing contained in this section shall be construed as a refund of the tax for the use of diesel fuel in any motor vehicle operated upon a public highway within a military reservation, which highway is constructed or maintained by this state or any political subdivision thereof. +As used in this section, “military reservation” includes any establishment of the United States Government or any agency thereof used by the Armed Forces of the United States for military, air, or naval operations, including research projects. +(F) Sold by a supplier and which was sold to any consulate officer or consulate employee under circumstances which would have entitled the supplier to an exemption under paragraph (6) of subdivision (a) of Section 60100 if the supplier had sold the diesel fuel directly to the consulate officer or consulate employee. +(G) Lost in the ordinary course of handling, transportation, or storage. +(H) (i) Sold by a person to the United States and its agencies and instrumentalities under circumstances that would have entitled that person to an exemption from the payment of diesel fuel tax under Section 60100 had that person been the supplier of this diesel fuel. +(ii) Sold by a supplier and which was sold by credit card to the United States and its agencies and instrumentalities under circumstances which would have entitled the supplier to an exemption under Section 60100 if the supplier had sold the diesel fuel directly to the United States and its agencies and instrumentalities. +(I) Sold by a person to a train operator for use in a diesel-powered train or for other off-highway use under circumstances that would have entitled that person to an exemption from the payment of diesel fuel tax under Section 60100 had that person been the supplier of this diesel fuel. +(J) Removed from an approved terminal at the terminal rack, but only to the extent that the supplier can show that the tax on the same amount of diesel fuel has been paid more than one time by the same supplier. +(b) Where tax is not imposed on dyed blended biodiesel fuel upon removal from an approved terminal at the terminal rack, if tax was previously imposed on the biodiesel fuel portion of the dyed blended biodiesel fuel, then, pursuant to paragraph (1) of subdivision (a), a claim for refund is allowed for the tax that was paid on that biodiesel fuel, but only to the extent a supplier can show that the tax on that biodiesel fuel has been paid by the same supplier. +(c) Each claim for refund under this section shall contain the following information with respect to all of the diesel fuel covered by the claim: +(1) The name, address, telephone number, and permit number of the person that sold the diesel fuel to the claimant and the date of the purchase. +(2) A statement by the claimant that the diesel fuel covered by the claim did not contain visible evidence of dye. +(3) A statement, which may appear on the invoice, original invoice facsimile, or similar document, by the person that sold the diesel fuel to the claimant that the diesel fuel sold did not contain visible evidence of dye. +(4) The total amount of diesel fuel covered by the claim. +(5) The use made of the diesel fuel covered by the claim described by reference to specific categories listed in paragraph (4) of subdivision (a). +(6) If the diesel fuel covered by the claim was exported, a statement that the claimant has the proof of exportation. +(d) Each claim for refund under this section shall be made on a form prescribed by the board and shall be filed for a calendar year. If, at the close of any of the first three quarters of the calendar year, more than seven hundred fifty dollars ($750) is refundable under this section with respect to diesel fuel used or exported during that quarter or any prior quarter during the calendar year, and for which no other claim has been filed, a claim may be filed for the quarterly period. To facilitate the administration of this section, the board may require the filing of claims for refund for other than yearly periods. +SEC. 2. +Section 60505.5 of the Revenue and Taxation Code is amended to read: +60505.5. +The claim for refund forms prescribed in subdivision (d) of Section 60501 and subdivision (d) of Section 60502 may include, but not be limited to, electronic media. The claim for refund forms shall be authenticated in a form or pursuant to methods as may be prescribed by the board.","The Diesel Fuel Tax Law imposes a tax upon the removal, entry, sale, delivery, or specified use of diesel fuel, at a specified rate per gallon. That law provides for a reimbursement of the amount of that tax to persons who have used that tax-paid fuel in specified nontaxable uses, which is allowed through a claim for refund. +This bill would allow a claim for refund for amounts of tax paid on the biodiesel fuel portion of dyed blended biodiesel fuel removed from an approved terminal at the terminal rack, as provided, to the extent a supplier can show that the tax on that biodiesel fuel has been paid by the same supplier.","An act to amend Sections 60501 and 60505.5 of the Revenue and Taxation Code, relating to taxation." +703,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11346.3 of the Government Code is amended to read: +11346.3. +(a) A state agency proposing to adopt, amend, or repeal any administrative regulation shall assess the potential for adverse economic impact on California business enterprises and individuals, avoiding the imposition of unnecessary or unreasonable regulations or reporting, recordkeeping, or compliance requirements. For purposes of this subdivision, assessing the potential for adverse economic impact shall require agencies, when proposing to adopt, amend, or repeal a regulation, to adhere to the following requirements, to the extent that these requirements do not conflict with other state or federal laws: +(1) The proposed adoption, amendment, or repeal of a regulation shall be based on adequate information concerning the need for, and consequences of, proposed governmental action. +(2) The state agency, prior to submitting a proposal to adopt, amend, or repeal a regulation to the office, shall consider the proposal’s impact on business, with consideration of industries affected including the ability of California businesses to compete with businesses in other states. For purposes of evaluating the impact on the ability of California businesses to compete with businesses in other states, an agency shall consider, but not be limited to, information supplied by interested parties. +(3) An economic impact assessment prepared pursuant to this subdivision for a proposed regulation that is not a major regulation or that is a major regulation proposed prior to November 1, 2013, shall be prepared in accordance with subdivision (b), and shall be included in the initial statement of reasons as required by Section 11346.2. An economic assessment prepared pursuant to this subdivision for a major regulation proposed on or after November 1, 2013, shall be prepared in accordance with subdivision (c), and shall be included in the initial statement of reasons as required by Section 11346.2. +(b) (1) A state agency proposing to adopt, amend, or repeal a regulation that is not a major regulation or that is a major regulation proposed prior to November 1, 2013, shall prepare an economic impact assessment that assesses whether and to what extent it will affect the following: +(A) The creation or elimination of jobs within the state. +(B) The creation of new businesses or the elimination of existing businesses within the state. +(C) The expansion of businesses currently doing business within the state. +(D) The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. +(2) This subdivision does not apply to the University of California, the Hastings College of the Law, or the Fair Political Practices Commission. +(3) Information required from a state agency for the purpose of completing the assessment may come from existing state publications. +(4) (A) For purposes of conducting the economic impact assessment pursuant to this subdivision, a state agency may use the consolidated definition of small business in subparagraph (B) in order to determine the number of small businesses within the economy, a specific industry sector, or geographic region. The state agency shall clearly identify the use of the consolidated small business definition in its rulemaking package. +(B) For the exclusive purpose of undertaking the economic impact assessment, a “small business” means a business that is all of the following: +(i) Independently owned and operated. +(ii) Not dominant in its field of operation. +(iii) Has fewer than 100 employees. +(C) Subparagraph (A) shall not apply to a regulation adopted by the Department of Insurance that applies to an insurance company. +(c) (1) Each state agency proposing to adopt, amend, or repeal a major regulation on or after November 1, 2013, shall prepare a standardized regulatory impact analysis in the manner prescribed by the Department of Finance pursuant to Section 11346.36. The standardized regulatory impact analysis shall address all of the following: +(A) The creation or elimination of jobs within the state. +(B) The creation of new businesses or the elimination of existing businesses within the state. +(C) The competitive advantages or disadvantages for businesses currently doing business within the state. +(D) The increase or decrease of investment in the state. +(E) The incentives for innovation in products, materials, or processes. +(F) The benefits of the regulations, including, but not limited to, benefits to the health, safety, and welfare of California residents, worker safety, and the state’s environment and quality of life, among any other benefits identified by the agency. +(2) This subdivision shall not apply to the University of California, the Hastings College of the Law, or the Fair Political Practices Commission. +(3) Information required from state agencies for the purpose of completing the analysis may be derived from existing state, federal, or academic publications. +(d) Any administrative regulation adopted on or after January 1, 1993, that requires a report shall not apply to businesses, unless the state agency adopting the regulation makes a finding that it is necessary for the health, safety, or welfare of the people of the state that the regulation apply to businesses. +(e) Analyses conducted pursuant to this section are intended to provide agencies and the public with tools to determine whether the regulatory proposal is an efficient and effective means of implementing the policy decisions enacted in statute or by other provisions of law in the least burdensome manner. Regulatory impact analyses shall inform the agencies and the public of the economic consequences of regulatory choices, not reassess statutory policy. The baseline for the regulatory analysis shall be the most cost-effective set of regulatory measures that are equally effective in achieving the purpose of the regulation in a manner that ensures full compliance with the authorizing statute or other law being implemented or made specific by the proposed regulation. +(f) Each state agency proposing to adopt, amend, or repeal a major regulation on or after November 1, 2013, and that has prepared a standardized regulatory impact analysis pursuant to subdivision (c), shall submit that analysis to the Department of Finance upon completion. The department shall comment, within 30 days of receiving that analysis, on the extent to which the analysis adheres to the regulations adopted pursuant to Section 11346.36. Upon receiving the comments from the department, the agency may update its analysis to reflect any comments received from the department and shall summarize the comments and the response of the agency along with a statement of the results of the updated analysis for the statement required by paragraph (10) of subdivision (a) of Section 11346.5.","Existing law, the Administrative Procedure Act, governs, among other things, the procedures for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law requires a state agency proposing to adopt, amend, or repeal specific administrative regulations to assess the potential for adverse economic impact on California business enterprises and individuals and to prepare an economic impact assessment, as specified, that addresses, among other things, the creation or elimination of jobs within the state. +This bill would, with certain exceptions, authorize a state agency, when preparing the economic impact assessment, to use a consolidated definition of small business to determine the number of small businesses within the economy, a specific industry sector, or geographic region, and would define “small business” for that purpose as a business that is independently owned and operated, not dominant in its field of operation, and has fewer than 100 employees.","An act to amend Section 11346.3 of the Government Code, relating to state agency regulations." +704,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 23356.2 of the Business and Professions Code is amended to read: +23356.2. +(a) No license or permit shall be required for the manufacture of beer or wine for personal or family use, and not for sale, by a person over 21 years of age. The aggregate amount of beer or wine with respect to any household shall not exceed (1) 100 gallons per calendar year if there is only one adult in the household or (2) 200 gallons per calendar year if there are two or more adults in the household. +(b) Beer or wine produced pursuant to this section may be removed from the premises where made only under any of the following circumstances: +(1) For use, including in a bona fide competition or judging or a bona fide exhibition or tasting. +(2) For personal or family use. +(3) When donated to a nonprofit organization for use as provided in subdivision (c) or (d). +(4) Beer or wine produced pursuant to this section may only be provided or served to the public pursuant to paragraphs (1) and (3) within a clearly identified area, that includes, but is not limited to, a physical barrier with a monitored point of entry. Beer or wine produced by a beer manufacturer or winegrower as defined in Sections 23012 and 23013, respectively, and licensed by the department, shall not be provided or served to the public within this area. +(c) (1) Beer or wine produced pursuant to this section may be donated to a nonprofit organization for sale at fundraising events conducted solely by and for the benefit of the nonprofit organization. Beer and wine donated pursuant to this subdivision may be sold by the nonprofit organization only for consumption on the premises of the fundraising event, under a license issued by the department to the nonprofit organization pursuant to this division. +A nonprofit organization that auctions donated beer or wine at a fundraising event that has a value of less than ____ dollars ($____) shall not be required to obtain a license issued by the department pursuant to this division. +(2) Beer or wine donated and sold pursuant to this subdivision shall bear a label identifying its producer and stating that the beer or wine is homemade and not available for sale or for consumption off the licensed premises. The beer or wine is not required to comply with other labeling requirements under this division. However, nothing in this paragraph authorizes the use of any false or misleading information on a beer or wine label. +(3) A nonprofit organization established for the purpose of promoting home production of beer or wine, or whose membership is composed primarily of home brewers or home winemakers, shall not be eligible to sell beer pursuant to this subdivision. +(d) A nonprofit organization established for the purpose of promoting home production of beer shall be eligible to serve beer at a fundraising event conducted solely for the benefit of the nonprofit organization pursuant to this subdivision, subject to the following conditions: +(1) The beer that is served is donated by home brewers. +(2) The nonprofit organization shall be issued no more than two permits per calendar year for the serving of beer pursuant to this subdivision. +(3) The nonprofit organization shall display a printed notice at the event that states that home brewed beer is not a regulated product subject to health and safety standards. +(4) The event shall have an educational component that includes instruction on the subject of beer, including, but not limited to, the history, nature, values, and characteristics of beer, the use of beer lists, and the methods of presenting and serving beer. +(5) Only bona fide members of the nonprofit organization may attend the event. +(6) The nonprofit organization shall not solicit or sign up individuals to be members of the nonprofit organization on the day of the event at the event premises. +(7) The nonprofit organization shall provide the department with the number of members that have registered for the event and the estimated number that will be in attendance, 48 hours before the event. This paragraph shall apply only if more than 50 members are expected to be in attendance at the event. +(e) Except as provided in subdivision (c), this section does not authorize the sale or offering for sale by any person of any beer or wine produced pursuant to this section. +(f) Except as provided herein, nothing in this section authorizes any activity in violation of Section 23300, 23355, or 23399.1. +SECTION 1. +Section 24045.2 of the +Business and Professions Code +is amended to read: +24045.2. +(a)The department may issue a special temporary retail package off-sale beer and wine license to: (1) a television station, supported wholly or in part by public membership subscription, which is a nonprofit, charitable corporation exempt from payment of income taxes under the provisions of the Internal Revenue Code of 1954 of the United States, or (2) a nonprofit, charitable corporation exempt from payment of income taxes under the provisions of the Internal Revenue Code of 1954 of the United States that receives and administers donations for a noncommercial, educational television station, or public broadcasting station supported wholly or in part by public membership subscription. An applicant for this license shall accompany the application with a fee of one hundred dollars ($100). +(b)A license issued pursuant to this section shall only entitle the licensee to sell at auction beer and wine donated to it. Notwithstanding any other provision, a licensee may donate beer, wine, or both beer and wine to a corporation licensed under this section, provided donations are not made in connection with a sale of an alcoholic beverage. +(c)This license shall be for a period not exceeding 30 days. Only one license shall be issued to any corporation in a calendar year.","The Alcoholic Beverage Control Act authorizes +the issuance of a special temporary retail package off-sale beer and wine license to a television station, supported wholly or in part by public membership subscription, which is a nonprofit, charitable corporation, as provided, or to a nonprofit, charitable corporation that receives and administers donations for a noncommercial, educational television station, or public broadcasting station supported wholly or in part by public membership subscription, as provided, subject to specified restrictions +a person to manufacture beer or wine for personal or family use without the need for a license or permit, as provided. Existing law authorizes the removal of beer or wine from the premises where made for personal or family use, for specified purposes, including for donation to a nonprofit organization for sale at a fundraising event +. +This bill would +make nonsubstantive changes to this provision +provide that a nonprofit organization that auctions this type of donated beer or wine that has a value of less than +$____ is not required to obtain a license issued under the act for the sale of that beer or wine +.","An act to amend Section +24045.2 +23356.2 +of the Business and Professions Code, relating to alcoholic beverages." +705,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) With the enactment of the California Integrated Waste Management Act of 1989 (Division 30 (commencing with Section 40000) of the Public Resources Code), the Legislature declared that the Department of Resources Recycling and Recovery and local agencies shall promote composting. +(b) Since the enactment of the act, local governments and private industries have worked jointly to create an extensive material collection infrastructure and have implemented effective programs to achieve a statewide diversion rate greater than 50 percent. +(c) Although California now leads the nation in waste reduction and recycling, the state continues to dispose of more than 15 million tons of compostable organics each year in solid waste landfills. +(d) Composting organic materials results in substantial environmental and agricultural benefits, including the reduction of naturally occurring volatile organic compounds and ammonia. +(e) The Economic and Technology Advancement Advisory Committee, formed pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), has identified composting as a cost-effective technology for reducing greenhouse gas emissions. +(f) The application of compost in agriculture and landscaping has been shown to offer significant soil-carbon sequestration and water quality benefits, provide erosion control, reduce the need for synthetic fertilizers and pesticides, and conserve water and irrigation-associated energy. +(g) In 2007, the department’s predecessor agency adopted Strategic Directive 6.1 to reduce the amount of organics in the waste stream by 50 percent by the year 2020. +(h) In 2014, the state required organic waste generators that produce four cubic yards or more of organic waste a week to arrange to recycle this material (Chapter 12.9 (commencing with Section 42649.8) of the Public Resources Code). +(i) To reduce the amount of organics in landfills, the state must promote the development and permitting of composting facilities and ensure that state regulations account for the lifecycle emissions reduction and water quality benefits of compost, while continuing to protect air and water quality. +SEC. 2. +Section 42649.87 is added to the Public Resources Code, to read: +42649.87. +(a) The California Environmental Protection Agency, in coordination with the department, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, shall develop and implement policies to aid in diverting organic waste from landfills by promoting the use of agricultural, forestry, and urban organic waste as a feedstock for compost and by promoting the appropriate use of that compost throughout the state. +(b) In developing policies pursuant to subdivision (a), the California Environmental Protection Agency shall promote a goal of reducing at least five million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, which include, but are not limited to, agricultural land, land used for forestry, and rangeland. The California Environmental Protection Agency shall work with the Department of Food and Agriculture to achieve this goal. +(c) The California Secretary for Environmental Protection Agency and the Secretary of Food and Agriculture shall ensure proper coordination of agency regulations and goals to implement this section. The California Environmental Protection Agency and the Department of Food and Agriculture, with the department, the State Water Resources Control Board, and the State Air Resources Board shall do all of the following: +(1) Assess the state’s progress towards developing the organic waste processing and recycling infrastructure necessary to meet the state goals specified in Assembly Bill 341 (Chapter 476 of the Statutes of 2011), Assembly Bill 1826 (Chapter 727 of the Statutes of 2014), the State Air Resources Board’s May 2015 Short-Lived Climate Pollutant Reduction Strategy concept paper, and the Department of Food and Agriculture’s Healthy Soils Initiative. +(2) Meet at least quarterly and consult with interested stakeholders, including, but not limited to, the compost industry, local governments, and environmental organizations, to encourage the continued viability of the state’s organic waste processing and recycling infrastructure. +(3) Hold at least one public workshop annually to inform the public of actions taken to implement this section and to receive public comment. +(4) Develop recommendations for promoting organic waste processing and recycling infrastructure statewide, which shall be posted on the California Environmental Protection Agency’s Internet Web site no later than January 1, 2017, and updated annually thereafter. +(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 3. +Section 43032 is added to the Public Resources Code, to read: +43032. +(a) The department, in coordination with the State Air Resources Board and the State Water Resources Control Board, shall develop a policy that promotes the development of coordinated permitting and regulation of composting facilities while protecting the environment. +(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.","(1) The existing California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. Existing law requires each city, county, city and county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan. Those entities are required to divert 50% of all solid waste through source reduction, recycling, and composting. +This bill would require the California Environmental Protection Agency, in coordination with the department, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, to develop and implement policies to aid in diverting organic waste from landfills by promoting the composting of specified organic waste and by promoting the appropriate use of that compost throughout the state. The bill would require the agency to promote a goal of reducing at least 5 million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, and would require the agency to work with the Department of Food and Agriculture to achieve this goal. The bill would also require the Secretary for Environmental Protection and the Secretary of Food and Agriculture to ensure proper coordination of agency regulations and goals to implement these requirements and would require the agency and the Department of Food and Agriculture, with the department, the State Water Resources Control Board, and the State Air Resources Board, to perform other specified functions. The bill would repeal these provisions on January 1, 2021. +(2) Existing law requires the Department of Resources Recycling and Recovery to adopt regulations relating to waste management, including standards for the design, operation, maintenance, and ultimate reuse of solid waste facilities, and for solid waste handling, transfer, composting, transformation, and disposal. Existing law prohibits the solid waste handling, transfer, composting, transformation, and disposal standards from including any requirement that is under the authority of the State Air Resources Board for the prevention of air pollution or the State Water Resources Control Board for the prevention of water pollution and prohibits the solid waste facilities standards from including aspects of solid waste handling and disposal that are within the jurisdiction of the State Air Resources Board, air pollution control districts, and air quality management districts, or the State Water Resources Control Board or a regional water district. +Existing law prohibits a person from discharging a quantity of air contaminants or other material that causes injury, detriment, nuisance, or annoyance to the public, or that endangers the comfort, repose, health, or safety of the public, or that causes injury or damage to business or property, except as provided. +Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with responsibility for the coordination and control of water quality in the state. The act, with certain exceptions, requires a waste discharger to file certain information with the appropriate regional board and to pay an annual fee. +This bill would require, until January 1, 2021, the Department of Resources Recycling and Recovery, in coordination with the State Air Resources Board and the State Water Resources Control Board, to develop a policy that promotes the development of coordinated permitting and regulation of composting facilities while protecting the environment.","An act to add and repeal Sections 42649.87 and 43032 to the Public Resources Code, relating to solid waste." +706,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7612 of the Family Code is amended to read: +7612. +(a) Except as provided in Chapter 1 (commencing with Section 7540) and Chapter 3 (commencing with Section 7570) of Part 2 or in Section 20102, a presumption under Section 7611 is a rebuttable presumption affecting the burden of proof and may be rebutted in an appropriate action only by clear and convincing evidence. +(b) If two or more presumptions arise under Section 7610 or 7611 that conflict with each other, or if a presumption under Section 7611 conflicts with a claim pursuant to Section 7610, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. +(c) In an appropriate action, a court may find that more than two persons with a claim to parentage under this division are parents if the court finds that recognizing only two parents would be detrimental to the child. In determining detriment to the child, the court shall consider all relevant factors, including, but not limited to, the harm of removing the child from a stable placement with a parent who has fulfilled the child’s physical needs and the child’s psychological needs for care and affection, and who has assumed that role for a substantial period of time. A finding of detriment to the child does not require a finding of unfitness of any of the parents or persons with a claim to parentage. +(d) Unless a court orders otherwise after making the determination specified in subdivision (c), a presumption under Section 7611 is rebutted by a judgment establishing parentage of the child by another person. +(e) Within two years of the execution of a voluntary declaration of paternity, a person who is presumed to be a parent under Section 7611 may file a petition pursuant to Section 7630 to set aside a voluntary declaration of paternity. The court’s ruling on the petition to set aside the voluntary declaration of paternity shall be made taking into account the validity of the voluntary declaration of paternity, and the best interests of the child based upon the court’s consideration of the factors set forth in subdivision (b) of Section 7575, as well as the best interests of the child based upon the nature, duration, and quality of the petitioning party’s relationship with the child and the benefit or detriment to the child of continuing that relationship. In the event of any conflict between the presumption under Section 7611 and the voluntary declaration of paternity, the weightier considerations of policy and logic shall control. +(f) A voluntary declaration of paternity is invalid if, at the time the declaration was signed, any of the following conditions exist: +(1) The child already had a presumed parent under Section 7540. +(2) The child already had a presumed parent under subdivision (a), (b), or (c) of Section 7611. +(3) The man signing the declaration is a sperm donor, consistent with subdivision (b) of Section 7613. +(g) A person’s offer or refusal to sign a voluntary declaration of paternity may be considered as a factor, but shall not be determinative, as to the issue of legal parentage in any proceedings regarding the establishment or termination of parental rights. +SEC. 2. +The heading of Part 7 (commencing with Section 7960) of Division 12 of the Family Code is amended to read: +PART 7. SURROGACY AND DONOR FACILITATORS, ASSISTED REPRODUCTION AGREEMENTS FOR GESTATIONAL CARRIERS, AND OOCYTE DONATIONS +SEC. 3. +Section 7960 of the Family Code is amended to read: +7960. +For purposes of this part, the following terms have the following meanings: +(a) “Assisted reproduction agreement” has the same meaning as defined in subdivision (b) of Section 7606. +(b) “Fund management agreement” means the agreement between the intended parents and the surrogacy or donor facilitator relating to the fee or other valuable consideration for services rendered or that will be rendered by the surrogacy or donor facilitator. +(c) “Intended parent” means an individual, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction. +(d) “Nonattorney surrogacy or donor facilitator” means a surrogacy or donor practitioner who is not an attorney in good standing licensed to practice law in this state. +(e) “Surrogacy or donor facilitator” means a person or organization that engages in either of the following activities: +(1) Advertising for the purpose of soliciting parties to an assisted reproduction agreement or for the donation of oocytes for use by a person other than the provider of the oocytes, or acting as an intermediary between the parties to an assisted reproduction agreement or oocyte donation. +(2) Charging a fee or other valuable consideration for services rendered relating to an assisted reproduction agreement or oocyte donation. +(f) “Surrogate” means a woman who bears and carries a child for another through medically assisted reproduction and pursuant to a written agreement, as set forth in Sections 7606 and 7962. Within the definition of surrogate are two different and distinct types: +(1) “Traditional surrogate” means a woman who agrees to gestate an embryo, in which the woman is the gamete donor and the embryo was created using the sperm of the intended father or a donor arranged by the intended parent or parents. +(2) “Gestational carrier” means a woman who is not an intended parent and who agrees to gestate an embryo that is genetically unrelated to her pursuant to an assisted reproduction agreement. +(g) “Donor” means a woman who provides her oocytes for use by another for the purpose of assisting the recipient of the oocytes in having a child or children of her own. +SEC. 4. +Section 7961 of the Family Code is amended to read: +7961. +(a) A nonattorney surrogacy or donor facilitator shall direct the client to deposit all client funds into either of the following: +(1) An independent, bonded escrow depository maintained by a licensed, independent, bonded escrow company. +(2) A trust account maintained by an attorney. +(b) For purposes of this section, a nonattorney surrogacy or donor facilitator may not have a financial interest in any escrow company holding client funds. A nonattorney surrogacy or donor facilitator and any of its directors or employees shall not be an agent of any escrow company holding client funds. +(c) Client funds may only be disbursed by the attorney or escrow agent as set forth in the assisted reproduction agreement and fund management agreement. +(d) This section shall not apply to funds that are both of the following: +(1) Not provided for in the fund management agreement. +(2) Paid directly to a medical doctor for medical services or a psychologist for psychological services.","Under existing law, a man is conclusively presumed to be the father of a child if he was married to and cohabiting with the child’s mother, except as specified. Existing law also provides that if a man signs a voluntary declaration of paternity, it has the force and effect of a judgment of paternity, subject to certain exceptions. Existing law provides that these presumptions are rebuttable. +This bill would state that a person’s offer or refusal to sign a voluntary declaration of paternity may be considered as a factor, but shall not be determinative as to the issue of legal parentage in any proceedings regarding the establishment or termination of parental rights. +Existing law requires a nonattorney surrogacy facilitator to direct his or her client to deposit client funds in an independent, bonded escrow account or a trust account maintained by an attorney, subject to specified withdrawal requirements. +This bill would additionally require a nonattorney donor facilitator to direct his or her client to deposit client funds, as specified above.","An act to amend Sections 7612, 7960, and 7961 of, and to amend the heading of Part 7 (commencing with Section 7960) of Division 12 of, the Family Code, relating to children." +707,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares the following: +(a) Every day 22 veterans take their own lives. +(b) Thirty percent of veterans have considered suicide. +(b) +The number of veterans who take their own lives is likely much higher as certificates of death do not require veteran status to be listed and may be under reporting the number of suicides. +SEC. 2. +Section 102875 of the Health and Safety Code is amended to read: +102875. +The certificate of death shall be divided into two sections. +(a) The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate: +(1) (A) Personal data concerning decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, +and +occupation and industry or +business. +business, and, commencing July 1, 2016, whether the decedent was ever in the armed forces of the United States. +(B) +Commencing July 1, 2015, a +A +person completing the certificate shall record the decedent’s sex to reflect the decedent’s gender identity. The decedent’s gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a driver’s license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedent’s sex as that which corresponds to the decedent’s gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons. +(C) +Commencing July 1, 2015, if +If +a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of his or her death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent. +(D) +Commencing July 1, 2015, a +A +person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death. +(E) +Commencing July 1, 2015, a +A +person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to him or her prior to the deadlines for completion specified in that section. +(2) Date of death, including month, day, and year. +(3) Place of death. +(4) Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother. +(5) Informant. +(6) Disposition of body information +, +including signature and license number of +embalmer +embalmber, +if +the +body +is +embalmed +embalmed, +or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other +provision of law to the contrary, +law, +an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer. +(7) Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other +provision of law to the contrary, +law, +the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature. +(8) Date accepted for registration and signature of local registrar. Notwithstanding any other +provision of law to the contrary, +law, +the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature. +(b) The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate: +(1) Disease or conditions leading directly to death and antecedent causes. +(2) Operations and major findings thereof. +(3) Accident and injury information. +(4) Information indicating whether the decedent was pregnant at the time of death, or within the year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. This paragraph shall not be interpreted to require the performance of a pregnancy test on a decedent, or to require a review of medical records in order to determine pregnancy. +(5) Commencing July 1, 2016, information indicating whether the cause of death was suicide. This information shall include all methods of suicide, including suicides that involve law enforcement, also known as “suicide by cop.” +SEC. 3. +Section 102791 is added to the Health and Safety Code, to read: +102791. +Commencing July 1, 2016, the local registrar shall make data on veteran suicides available to the Department of Veterans Affairs and the United States Department of Veterans Affairs. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SECTION 1. +Section 800 of the +Military and Veterans Code +is amended to read: +800. +(a)(1)Subject to subdivision (b), in addition to any other benefit provided by law, and to the extent permitted by federal law, any member of the United States Military Reserve or the National Guard of this state who is called to active duty after the enactment of this chapter and before January 1, 2014, as a part of the Iraq and Afghanistan conflicts, may defer payments on any of the following obligations while serving on active duty: +(A)An obligation secured by a mortgage or deed of trust. +(B)Credit card, as defined in Section 1747.02 of the Civil Code. +(C)Retail installment contract, as defined in Section 1802.6 of the Civil Code. +(D)Retail installment account, installment account, or revolving account, as defined in Section 1802.7 of the Civil Code. +(E)Up to two vehicle loans. +(F)Any payment of property tax or special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist’s primary place of residence on the date the reservist was ordered to active duty. +(2)Subject to subdivision (b), in addition to any other benefit provided by law, and to the extent permitted by federal law, a reservist who is called to active duty on and after January 1, 2014, may defer payments on any of the following obligations while serving on active duty: +(A)An obligation secured by a mortgage or deed of trust. +(B)Credit card, as defined in Section 1747.02 of the Civil Code. +(C)Retail installment contract, as defined in Section 1802.6 of the Civil Code. +(D)Retail installment account, installment account, or revolving account, as defined in Section 1802.7 of the Civil Code. +(E)Up to two vehicle loans. +(F)Any payment of property tax or special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist’s primary place of residence on the date the reservist was ordered to active duty. +(G)Any obligation owed to a utility company. +(b)(1)In order for an obligation or liability of a reservist to be subject to this chapter, the reservist or the reservist’s designee shall deliver to the obligor both of the following: +(A)A letter signed by the reservist, under penalty of perjury, requesting a deferment of financial obligations. +(B)A copy of the reservist’s activation or deployment order and any other information that substantiates the duration of the service member’s military service. +(2)If required by a financial institution, proof that the reservist’s employer does not provide continuing income to the reservist while the reservist is on active military duty, including the reservist’s military pay, of more than 90 percent of the reservist’s monthly salary and wage income earned before the call to active duty. +(c)Upon request of the reservist or the reservist’s dependent or designee and within five working days of that request, if applicable, the employer of a reservist shall furnish the letter or other comparable evidence showing that the employer’s compensation policy does not provide continuing income to the reservist, including the reservist’s military pay, of more than 90 percent of the reservist’s monthly salary and wage income earned before the call to active duty. +(d)The deferral period on financial obligations shall be the lesser of 180 days or the period of active duty plus 60 calendar days, and shall apply only to those payments due subsequent to the notice provided to a lender as provided in subdivision (b). In addition, the total period of the deferment shall not exceed 180 days within a 365-day period. +(e)If a lender defers payments on a closed end credit obligation or an open-end credit obligation with a maturity date, pursuant to this chapter, the lender shall extend the term of the obligation by the amount of months the obligation was deferred. +(f)If a lender defers payments on an open-end credit obligation pursuant to this chapter, the lender may restrict the availability of additional credit with respect to that obligation during the term of the deferral. +(g)For purposes of this chapter, “vehicle” means a vehicle as defined in Section 670 of the Vehicle Code.","Existing law establishes the State Department of Public Health under the direction of the State Public Health Officer. Existing law sets forth the powers and duties of the State Public Health Officer, including, but not limited to, designation as the State Registrar of Vital Statistics, having supervisory powers over local registrars and responsibility for the uniform and thorough enforcement of provisions relating to the registration of certain vital statistics. +Existing law requires that each death be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found. Existing law sets forth the persons responsible for completing the certificate of death and the required contents of the certificate, including, but not limited to, the decedent’s name, sex, and birthplace. Certain violations of these requirements are a crime. +This bill, commencing July 1, 2016, would require a person completing the certificate of death to record whether the decedent was ever in the Armed Forces of the United States and to include in the items relating to health data information, information on whether the cause of death is any manner of suicide. The bill would also require the local registrar to make information on veteran suicide available to the Department of Veterans Affairs and United States Department of Veterans Affairs. +By changing the definition of existing crimes, and by increasing the responsibility of local officials, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. +Existing law authorizes a member of the United States Military Reserve or the National Guard who is called to active duty, as specified, to defer payments on certain obligations while serving on active duty. +This bill would make technical, nonsubstantive changes to this provision.","An act to amend Section +800 of the Military and Veterans Code, +102875 of, and to add Section 102791 to, the Health and Safety Code, +relating to +military service. +certificates of death." +708,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature in enacting this act to do all of the following: +(a) Establish conflict-of-interest policies for the governing body of charter schools that mirror existing conflict-of-interest policies followed by the governing board of school districts. +(b) Provide transparency in the operations of the many charter schools that are providing quality educational options for parents and pupils and renew the faith of parents and the community that their local charter school is acting in the best interests of pupils. +(c) Continue to provide greater autonomy to charter schools than traditional public schools and provide greater transparency to parents and the public with regard to the use of public funds by the governing body of charter schools for the educational benefit of their pupils. +(d) Establish standards and procedures consistent with the Charter Schools Act of 1992 to avoid conflicts of interest in charter schools. +SEC. 2. +Section 47604.1 is added to the Education Code, to read: +47604.1. +(a) A charter school is subject to all of the following: +(1) The Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), except that a charter school operated by an entity governed by the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) is subject to the Bagley-Keene Open Meeting Act regardless of the authorizing entity. +(2) The California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). +(3) The Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). +(b) Notwithstanding Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1, an individual may serve as a member of the governing body of a charter school and be employed in a separate position at that charter school. Such a member of the governing body of a charter school shall abstain from voting on all matters uniquely affecting his or her own employment. +(c) A member of the governing body of a charter school shall abstain from voting on personnel matters that uniquely affect a relative of the member but may vote on collective bargaining agreements and personnel matters that affect a class of employees to which the relative belongs. For purposes of this section, “relative” means an adult who is related to the person by blood or affinity within the third degree, as determined by the common law, or an individual in an adoptive relationship within the third degree. +(d) A person who is disqualified by the California Constitution or laws of the state from holding a civil office shall not serve on the governing body of a charter school. +(e) To the extent that the governing body of a charter school engages in activities that are not related to the operation of the charter school, this section does not make those unrelated activities subject to the Ralph M. Brown Act, the Bagley-Keene Open Meeting Act, or the California Public Records Act. A meeting of the governing body of a charter school to discuss items related to the operation of the charter school shall not include discussion of any item regarding an activity of the governing body that is not related to the operation of the charter school. +(f) The governing body of a charter school may meet within the physical boundaries of the county or counties in which one or more of the charter school’s facilities are located provided that proper notices pursuant to the Ralph M. Brown Act and the Bagley-Keene Open Meeting Act are posted within the physical boundaries of each of the counties in which any of the charter school’s facilities are located. A charter school also may meet in a county contiguous to the county where one or more of the charter school’s facilities are located if at least 10 percent of the pupils who are enrolled in the charter school reside in that contiguous county. A nonclassroom-based charter school that does not have a facility may meet within the boundaries of the county in which the greatest number of pupils who are enrolled in the charter school reside. +(g) The governing body of a charter school may hold closed sessions to consider a matter regarding pupil discipline as described in Section 48912. +(h) For purposes of the Political Reform Act of 1974, the jurisdiction of a charter school shall be the county or counties in which the charter school’s facility or facilities are located. The jurisdiction for a nonclassroom-based charter school that does not have a facility shall be the physical boundaries of the county or counties where at least 10 percent of the pupils who are enrolled in the charter school reside or, if at least 10 percent of the pupils do not reside in a single county, the county in which the greatest number of pupils who are enrolled in the charter school reside. +(i) A statement of economic interest that is filed by a designated person at a charter school after the required deadline pursuant to the Political Reform Act of 1974 shall not be the sole basis for revocation of a charter pursuant to Section 47607. +(j) For purposes of this section, “facility” means a charter school campus, resource center, meeting space, or satellite facility. +(k) This section shall become operative on July 1, 2016.","(1) The Ralph M. Brown Act requires that all meetings of a legislative body, as defined, of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. +This bill would expressly state that a charter school is subject to the Ralph M. Brown Act, unless it is operated by an entity governed by the Bagley-Keene Open Meeting Act, in which case the charter school would be subject to the Bagley-Keene Open Meeting Act. +(2) The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure. +This bill would expressly state that a charter school is subject to the California Public Records Act. +(3) The Political Reform Act of 1974 requires every state agency and local governmental agency to adopt a conflict-of-interest code, formulated at the most decentralized level possible, that requires designated employees of the agency to file statements of economic interest disclosing any investments, business positions, interests in real property, or sources of income that may foreseeably be affected materially by any governmental decision made or participated in by the designated employee by virtue of his or her position. +This bill would expressly state that a charter school is subject to the Political Reform Act of 1974. +(4) This bill would state various exceptions and clarifications regarding theest Key Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO +Bill Text +The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature in enacting this act to do all of the following: +(a) Establish conflict-of-interest policies for the governing body of charter schools that mirror existing conflict-of-interest policies followed by the governing board of school districts. +(b) Provide transparency in the operations of the many charter schools that are providing quality educational options for parents and pupils and renew the faith of parents and the community that their local charter school is acting in the best interests of pupils. +(c) Continue to provide greater autonomy to charter schools than traditional public schools and provide greater transparency to parents and the public with regard to the use of public funds by the governing body of charter schools for the educational benefit of their pupils. +(d) Establish standards and procedures consistent with the Charter Schools Act of 1992 to avoid conflicts of interest in charter schools. +SEC. 2. +Section 47604.1 is added to the Education Code, to read: +47604.1. +(a) A charter school is subject to all of the following: +(1) The Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), except that a charter school operated by an entity governed by the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) is subject to the Bagley-Keene Open Meeting Act regardless of the authorizing entity. +(2) The California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). +(3) The Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). +(b) Notwithstanding Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1, an individual may serve as a member of the governing body of a charter school and be employed in a separate position at that charter school. Such a member of the governing body of a charter school shall abstain from voting on all matters uniquely affecting his or her own employment. +(c) A member of the governing body of a charter school shall abstain from voting on personnel matters that uniquely affect a relative of the member but may vote on collective bargaining agreements and personnel matters that affect a class of employees to which the relative belongs. For purposes of this section, “relative” means an adult who is related to the person by blood or affinity within the third degree, as determined by the common law, or an individual in an adoptive relationship within the third degree. +(d) A person who is disqualified by the California Constitution or laws of the state from holding a civil office shall not serve on the governing body of a charter school. +(e) To the extent that the governing body of a charter school engages in activities that are not related to the operation of the charter school, this section does not make those unrelated activities subject to the Ralph M. Brown Act, the Bagley-Keene Open Meeting Act, or the California Public Records Act. A meeting of the governing body of a charter school to discuss items related to the operation of the charter school shall not include discussion of any item regarding an activity of the governing body that is not related to the operation of the charter school. +(f) The governing body of a charter school may meet within the physical boundaries of the county or counties in which one or more of the charter school’s facilities are located provided that proper notices pursuant to the Ralph M. Brown Act and the Bagley-Keene Open Meeting Act are posted within the physical boundaries of each of the counties in which any of the charter school’s facilities are located. A charter school also may meet in a county contiguous to the county where one or more of the charter school’s facilities are located if at least 10 percent of the pupils who are enrolled in the charter school reside in that contiguous county. A nonclassroom-based charter school that does not have a facility may meet within the boundaries of the county in which the greatest number of pupils who are enrolled in the charter school reside. +(g) The governing body of a charter school may hold closed sessions to consider a matter regarding pupil discipline as described in Section 48912. +(h) For purposes of the Political Reform Act of 1974, the jurisdiction of a charter school shall be the county or counties in which the charter school’s facility or facilities are located. The jurisdiction for a nonclassroom-based charter school that does not have a facility shall be the physical boundaries of the county or counties where at least 10 percent of the pupils who are enrolled in the charter school reside or, if at least 10 percent of the pupils do not reside in a single county, the county in which the greatest number of pupils who are enrolled in the charter school reside. +(i) A statement of economic interest that is filed by a designated person at a charter school after the required deadline pursuant to the Political Reform Act of 1974 shall not be the sole basis for revocation of a charter pursuant to Section 47607. +(j) For purposes of this section, “facility” means a charter school campus, resource center, meeting space, or satellite facility. +(k) This section shall become operative on July 1, 2016.","An act to add Section 47604.1 to the Education Code, relating to charter schools." +709,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares the following: +(a) Almost 50 percent of clinical trial studies are not finished in time due to low patient participation, recruitment and navigation difficulties, and other barriers for patients. Due to economic and socioeconomic circumstances and lack of patient knowledge, clinical oncology trial participation and retention are both very low as they relate to eligible participants. +(b) Overall, only 3 percent of eligible cancer patients participate in clinical trials, and of those only 5 percent of trial participants are from racial or ethnic minority communities. +(c) One barrier that prevents patients from participating in federal Food and Drug Administration clinical trials is finances. Patients of low to moderate income are often unable to bear the burden of the ancillary costs of participating, such as airfare, lodging, rental cars, and fuel. +(d) The American Medical Association conducted a study on cancer trial participation. The study found that from 1996 to 2002, of the 75,215 patients enrolled in the National Cancer Institute trials for breast, lung, colorectal, and prostate cancers, only 3.1 percent were Hispanic, 9.2 percent were Black, and 1.9 percent were Asian or Pacific Islanders, while 85.6 percent were White. This lack of diversity is of concern because of its impact on researchers’ ability to evaluate the effect of new treatments on different populations. It also speaks to a lack of access to potentially lifesaving trials for a large portion of the population. +(e) It is the intent of the Legislature to establish a program to enable willing patients of low to moderate income to participate in cancer clinical trials in order to boost participation rates, ensure these trials are widely accessible, improve the development of cancer therapies, and enhance innovation. +SEC. 2. +Chapter 2 (commencing with Section 101990) is added to Part 6 of Division 101 of the Health and Safety Code, to read: +CHAPTER 2. Cancer Clinical Trials +101990. +(a) “Board” means the Board of Trustees of the Cancer Clinical Trials Foundation. +(b) “Foundation” means the Cancer Clinical Trials Foundation. +(c) “Fund” means the Cancer Clinical Trials Fund. +101991. +(a) The agency shall establish a nonprofit public benefit corporation, to be known as the Cancer Clinical Trials Foundation, that shall be governed by a board consisting of a total of five members. Three members shall be appointed by the Governor. Of these members, one shall be from a public cancer research institution, and one shall be from a private cancer research institution. One member shall be appointed by the Speaker of the Assembly. One member shall be appointed by the President pro Tempore of the Senate. +(b) All persons appointed to the board shall have an interest in increasing access to cancer clinical trials and the ability and desire to solicit funds for the purpose of increasing access to clinical trials as provided in this chapter. +(c) The Governor shall appoint the president of the board from among those members appointed by the Governor, the Speaker of the Assembly, and the President pro Tempore of the Senate. +(d) The foundation, or an authorized representative thereof, shall apply for tax exempt status under Section 501(c)(3) of the Internal Revenue Code. +(e) Members of the board shall serve without compensation but shall be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the board. +(f) The foundation shall be subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 2 of the Corporations Code). +(g) The California Health and Human Services Agency shall determine which department in the agency shall administer the foundation. +101992. +(a) Of the members of the board first appointed by the Governor pursuant to Section 101991, one member shall be appointed to serve a two-year term, one member shall be appointed to serve a three-year term, and one member shall be appointed to serve a four-year term. +(b) Of the members of the board first appointed by the Speaker of the Assembly and the President pro Tempore of the Senate pursuant to Section 101991, each member shall be appointed to serve a four-year term. +(c) Upon the expiration of the initial appointments for the board, each member shall be appointed to serve a four-year term. +101993. +(a) There is hereby created in the State Treasury the Cancer Clinical Trials Fund. Moneys in the fund shall be used for the administration and support of the program created pursuant to this chapter upon appropriation of the Legislature. +(b) The Cancer Clinical Trials Foundation may solicit and receive funds from business, industry, foundations, and other private and public sources for the purpose of administering the Cancer Clinical Trials Grant Program to increase patient access to cancer clinical trials. +(c) The agency may apply for federal funds for the foundation. +(d) The board shall use no more than 20 percent of funds made available for the Cancer Clinical Trials Grant Program for administrative costs. +101993.5. +(a) The agency may not spend more than three hundred thousand dollars ($300,000) of moneys appropriated to the agency to establish the foundation. +(b) Any money used to establish the foundation shall be paid back to the agency on or before January 1, 2021, from moneys donated to the Cancer Clinical Trials Fund. +(c) After the initial investment authorized by subdivision (a), no General Fund moneys shall be used to operate the foundation. +101994. +(a) Upon contribution of at least five hundred thousand dollars ($500,000) to the foundation, the board shall establish the Cancer Clinical Trials Grant Program to increase patient access to cancer clinical trials in underserved or disadvantaged communities and populations, including among women and patients from racial and ethnic minority communities. The board shall determine the criteria to award grants, and may award grants to either or both of the following: +(1) Public and private research institutions and hospitals that conduct cancer clinical trials approved by the federal Food and Drug Administration. +(2) Nonprofit organizations described in Section 501(c)(3) of the Internal Revenue Code of 1954 that are exempt from income tax under Section 501(a) of that code and that specialize in direct patient support for improved clinical trial enrollment and retention. +(b) Grants awarded pursuant to subdivision (a) shall be used for activities to increase patient access to cancer clinical trials, including, but not limited to, any of the following: +(1) Patient navigator services or programs. +(2) Education and community outreach. +(3) Patient-friendly technical tools to assist patients in identifying available clinical trials. +(4) Translation and interpretation services of clinical trial information. +(5) Counseling services for clinical trial participants. +(6) Well-being services for clinical trial participants, including, but not limited to, physical therapy, pain management, stress management, and nutrition management. +(7) Payment of ancillary costs for patients and caregivers, including, but not limited to: +(A) Airfare during the clinical trial. +(B) Lodging during the clinical trial. +(C) Rental cars during the clinical trial. +(D) Fuel during the clinical trial. +(E) Local transportation via bus, train, or other public transportation during the clinical trial. +(F) Meals during the clinical trial. +(G) Child care costs during the clinical trial. +(c) If the foundation does not receive five hundred thousand dollars ($500,000) or more by January 1, 2021, moneys remaining after the repayment required pursuant to subdivision (b) of Section 101993.5 shall be returned to the donors on a pro rata basis. +(d) If the grant program is established pursuant to this section, all moneys in the fund shall be awarded by grant prior to the repeal of this chapter. +101995. +(a) Grant recipients shall report to the board to ensure the appropriate use of funds within one year of receiving a grant. +(b) (1) The board shall report to the Legislature to ensure the appropriate use of the funds. The report shall include accountability measures, including, but not limited to, a description of how the funds were used, an evaluation of the grant program, and recommendations for the program. This report shall be submitted by January 1, 2020. +(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January, 1, 2024, pursuant to Section 10231.5 of the Government Code. +101996. +This chapter shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.","Existing law establishes the scope and function of the California Health and Human Services Agency, which includes departments charged with administering laws pertaining to public health and social services, among other things. Existing law also establishes the Inclusion of Women and Minorities in Clinical Research Act, which is designed to promote the inclusion of women and minority groups in clinical research, including clinical trials. +This bill, until January 1, 2022, would establish the Cancer Clinical Trials Foundation in the Health and Human Services Agency, to be governed by a board of trustees. Members of the board would be appointed as specified. The bill would also create the Cancer Clinical Trials Fund, to be used to administer a grant program. The bill would limit the amount the agency may spend to establish the foundation to $300,000 of appropriated funds, to be repaid by January 1, 2021, but would otherwise prohibit General Fund moneys from being used for the foundation. The bill would authorize the board to solicit and receive money, as specified, and would authorize the agency to apply for federal funds for this purpose. The bill would require the board, upon contribution of at least $500,000 to the fund, to establish the Cancer Clinical Trials Grant Program, in order to increase patient access to cancer clinical trials in specified populations. The bill would require that grant money be used for designated purposes, and would also require grant recipients to report to the board. The bill would require the board to report to the Legislature, as specified. This bill would make related findings.","An act to add and repeal Chapter 2 (commencing with Section 101990) to Part 6 of Division 101 of the Health and Safety Code, relating to cancer." +710,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 554 of the Labor Code is amended to read: +554. +(a) Sections 551 and 552 do not apply to cases of emergency or to work performed in the protection of life or property from loss or destruction, or to any common carrier engaged in or connected with the movement of trains. Nothing in this chapter shall be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires that the employee work seven or more consecutive days, if in each calendar month the employee receives days of rest equivalent to one day’s rest in seven. The requirement respecting the equivalent of one day’s rest in seven shall apply, notwithstanding the other provisions of this chapter relating to collective bargaining agreements, where the employer and a labor organization representing employees of the employer have entered into a valid collective bargaining agreement respecting the hours of work of the employees, unless the agreement expressly provides otherwise. +(b) In addition to the exceptions specified in subdivision (a), the Chief of the Division of Labor Standards Enforcement may, when in his or her judgment hardship will result, exempt any employer or employees from the provisions of Sections 551 and 552. +SEC. 2. +Chapter 6 (commencing with Section 857) is added to Part 2 of Division 2 of the Labor Code, to read: +CHAPTER 6. Agriculture +857. +This chapter shall be known and may be cited as the Phase-In Overtime for Agricultural Workers Act of 2016. +858. +The Legislature finds and declares all of the following: +(a) Agricultural employees engage in back-breaking work every day. +(b) Few occupations in today’s America are as physically demanding and exhausting as agricultural work. +(c) In 1938, the United States Congress enacted the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), which excluded agricultural workers from wage protections and overtime compensation requirements. +(d) It is the intent of the Legislature to enact the Phase-In Overtime for Agricultural Workers Act of 2016 to provide any person employed in an agricultural occupation in California, as defined in Order No. 14-2001 of the Industrial Welfare Commission (revised 07-2014) with an opportunity to earn overtime compensation under the same standards as millions of other Californians. +859. +For purposes of this chapter, “employed in an agricultural occupation” has the same meaning as in Order No.14-2001 of the Industrial Welfare Commission (revised 07-2014). +860. +Notwithstanding any other provision of law, including Chapter 1 (commencing with Section 500): +(a) (1) Commencing January 1, 2019, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine and one-half hours in any one workday or work in excess of 55 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek. +(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2022. +(b) (1) Commencing January 1, 2020, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine hours in any one workday or work in excess of 50 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek. +(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2023. +(c) (1) Commencing January 1, 2021, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight and one-half hours in any one workday or work in excess of 45 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek. +(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2024. +(d) (1) Commencing January 1, 2022, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight hours in any one workday or work in excess of 40 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over eight hours in any workday or over 40 hours in any workweek. +(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025. +861. +Except as set forth in Section 860 and subdivision (a) of Section 862, all other provisions of Chapter 1 (commencing with Section 500) regarding compensation for overtime work shall apply to workers in an agricultural occupation commencing January 1, 2017. +862. +(a) Beginning January 1, 2022, except as provided in subdivision (c), and consistent with Section 510, any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employee’s regular rate of pay. +(b) Consistent with Section 861, notwithstanding subdivision (a) or Section 863, the other provisions of Section 510 shall be applicable to workers in an agricultural occupation commencing January 1, 2019. +(c) Subdivision (a) shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025. +863. +(a) Notwithstanding Section 860 or 862, the Governor may temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860, or subdivision (a) of Section 862 only if the Governor suspends scheduled minimum wage increases pursuant to clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12. +(b) If the Governor makes a final determination to temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 for the following year, all implementation dates applicable to Section 860 and subdivision (a) of Section 862 that are suspended subsequent to the September 1 final determination date, consistent with clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12, shall be postponed by an additional year, but the full implementation of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 shall in no event be later than January 1, 2022. The Governor’s temporary suspension under this section shall be by proclamation. +(c) The Governor’s authority to suspend the scheduled overtime requirements under this section shall end upon the phase in of the overtime requirements contained in subdivision (d) of Section 860, the phase in of the overtime requirements contained in subdivision (c) of Section 862, or January 1, 2025, whichever occurs first. +864. +The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this chapter, except that any existing provision in Wage Order 14-2001 providing greater protections or benefits to agricultural employees shall continue in full force and effect, notwithstanding any provision of this chapter. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Existing law exempts agricultural employees from these requirements. Under existing law, the function of the Department of Industrial Relations is to, among other things, foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. +This bill would remove the exemption for agricultural employees regarding hours, meal breaks, and other working conditions, including specified wage requirements, and would create a schedule that would phase in overtime requirements for agricultural workers, as defined, over the course of 4 years, from 2019 to 2022, inclusive. Beginning January 1, 2022, the bill would require any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day to be compensated at the rate of no less than twice the employee’s regular rate of pay. The bill would provide employers who employ 25 or fewer employees an additional 3 years to comply with the phasing in of these overtime requirements. The bill would authorize the Governor to delay the implementation of these overtime pay provisions if the Governor also suspends the implementation of a scheduled state minimum wage increase, as specified. The bill would require the Department of Industrial Relations to update a specified wage order for consistency with these provisions, as specified. +The bill would create a state-mandated local program by including agricultural employees as a class of employees protected by criminal penalties under existing law. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 554 of, and to add Chapter 6 (commencing with Section 857) to Part 2 of Division 2 of, the Labor Code, relating to employment." +711,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the Priority Project Parity Act of 2015. +SEC. 2. +The Legislature finds and declares all of the following: +(a) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), commonly known as CEQA, was enacted with a near unanimous bipartisan vote of the Legislature in 1970 and signed into law by Governor Reagan. +(b) The purpose of CEQA is to enhance public disclosure of the environmental impacts of a project and to require feasible mitigation measures or alternative project configurations that reduce significant adverse impacts to the physical environment. +(c) Feasible mitigation measures and alternatives are limited to those that allow the project to achieve its objectives, fall within the jurisdiction of the lead agency, and can be readily implemented from a legal, technical, and economic perspective. +(d) If, notwithstanding the feasible mitigation measures or alternative configuration, a project would have a significant unavoidable adverse impact on the physical environment or substantially contribute to an unavoidable significant adverse cumulative impact on the physical environment, an agency may nevertheless approve the project by adopting a statement explaining the overriding employment, environmental, social, economic, or other benefits that have informed the agency’s decision to approve the project. +(e) In a notable contrast to the federal court interpretation of the federal National Environmental Policy Act of 1969 (42 U.S.C. Secs. 4321 et seq.), which served as a model for CEQA, California courts have decided that lawsuits challenging the adequacy of an agency’s compliance with CEQA may be brought by any party for any reason, including, but not limited to, parties seeking competitive advantage, seeking wage or other employment terms and conditions, seeking to protect private property economic values, and seeking to preclude neighborhood-scale projects that are or may increase the quality of life for lower income and racially diverse population groups, by increasing youth utilization of urban parks or by developing transit systems in urbanized areas, without regard to the environmental or other merits of the project. +(f) In advising the state, regional, and local agency on the compliance requirements of CEQA, the Governor’s Office of Planning and Research has identified more than 100 potential environmental impact topics that must be evaluated for each project, has routinely adopted guidance that increases the cost and complexity of the analysis required, and continues to propose requirements that increase uncertainty and complexity, including, but not limited to, advocating for regulatory reversals of appellate court statutory interpretations, such as the “business as usual” approach to evaluating the significance of greenhouse gas emissions and the judicial classification of parking as an environmental impact based on air quality and other factors. Collectively, such ambiguous and contradictory advice has continued to increase the cost and litigation uncertainty of compliance obligations under CEQA. +(g) Three private sector law firms, each representing a diverse range of parties affected by CEQA including public agencies, project applicants, and other stakeholders, have completed studies on reported appellate court decisions interpreting CEQA and those studies demonstrate that the courts have determined that the lead agencies failed to comply with some aspect of CEQA in nearly half of all cases, and that even the most elaborate environmental studies, the environmental impact reports, that are entitled to the highest level of judicial deference, failed to pass judicial muster in nearly half of all reported appellate cases over a 15-year period. Projects approved under a less costly and less time-consuming negative declaration process fail to pass judicial muster in far more than half of the cases challenging those approvals. +(h) The overwhelming majority of the adverse court decisions required that project approval be vacated pending completion of further environmental studies under CEQA. +(i) Notwithstanding such conclusive evidence of widespread confusion regarding the compliance requirements of CEQA, along with litigation abuse to promote nonenvironmental interests and abusive litigation tactics, such as “document dumping,” to delay agency decisions for weeks and sometimes months after the close of the comment periods prescribed by CEQA, the Legislature has declined to enact any systematic reforms that address how this 1970-era law is to be interpreted in conjunction with the hundreds of environmental and planning mandates that have subsequently been enacted as coequal legal mandates in California’s stringent and complex suite of statutes designed to protect and enhance environmental quality, including, but not limited to, statutes requiring integration of environmental protection standards in land use plans and policies. +(j) The existence of an outstanding lawsuit challenging compliance with CEQA, in tandem with the high level of adverse judicial outcomes, creates significant unresolved project contingencies that generally preclude timely receipt of federal and state grant funding as well as other forms of public and private sector financing. +(k) Legislative leadership has routinely sponsored last minute legislation for politically favored projects, including, but not limited to, major league sports facilities and prisons, to either exempt them from CEQA or limit the judicial remedies that are available when an adverse judicial determination has been made. These favored leadership projects have achieved this sheltered status without regard to whether the projects are consistent with an adopted sustainable communities strategy required pursuant to Section 65080 of the Government Code. This highly politicized leadership exemption process has been referred to as the “transactional” model for implementing CEQA. +(l) This transactional model for implementing CEQA is an effective method of avoiding delays in financing and implementation of priority projects. There is an ample body of otherwise applicable California environmental protection and land use law in place to avoid and minimize potentially significant adverse environmental impacts to the physical environment without regard to the applicability of CEQA. No existing law creates a presumed different suite of legal compliance obligations reserved to legislative leaders and the legislative districts they represent. Legislative leadership positions do not confer upon individuals serving in those positions a monopoly on the use of the transactional model for implementing CEQA. The transactional model of legislative exemptions has a history of extending nearly to the 1970 enactment date of CEQA. +(m) It is now appropriate to enact a new compliance pathway for a project identified as a priority by each Member of the Senate and Assembly. +SEC. 3. +Section 21168.10 is added to the Public Resources Code, to read: +21168.10. +(a) (1) On or before November 15 of each year, each Member of the Legislature may annually nominate one project within his or her respective district as a priority project. +(2) A member of the Legislature who chooses to nominate a project shall submit to the Governor the name of the project and sufficient information to demonstrate that the project will meet the requirements specified in paragraph (3). +(3) The Governor shall designate a project as a priority project if the project meets all of the following: +(A) The project will result in at least 100 new or retained full time jobs. +(B) The project is consistent with the adopted sustainable communities strategy for the region in which the project is located. +(C) The project applicant certifies its intent to remain in the location of the project for a minimum of five years. +(b) Subject to subdivision (a), a project may be designated as a priority project pursuant to subdivision (a) at any time following the submittal of the project proposal or application to the lead agency for the commencement of environmental review pursuant to this division but not later than 30 days following the approval of the project by the lead agency. +(c) Withing 10 days after the designation of a project pursuant to paragraph (3) of subdivision (a), the Governor shall provide a notice of designation to the lead agency for the designated project and to the Office of Planning and Research. The lead agency shall inform members of the public and other interested stakeholders that a project has been designated as a priority project pursuant to paragraph (3) of subdivision (a) in the lead agency’s next otherwise applicable and required public document or notice regarding the project and in all subsequent otherwise applicable and required public documents or notices regarding the project, up to and including applicable and required notice and documentation for project approval. If there is no applicable and required public document or notice, the lead agency shall provide a notice of designation to the public and interested stakeholders. +(d) (1) The lead agency for a priority project shall complete all notices required by this division and, except as provided in paragraph (3), an environmental impact report shall be completed for each priority project. +(2) The environmental impact report for a priority project may tier from an earlier environmental impact report completed for the existing or earlier version of the project and the tiered environmental impact report shall be limited to the consideration of significant adverse impacts resulting from the project that were not previously identified in the earlier environmental impact report, or, if the adverse impacts had been identified in the earlier environmental impact report, the impacts are more severe than previously identified. +(3) A new environmental impact report is not required for a priority project that has been already included in an environmental impact report prepared and certified under this division but the lead agency shall prepare an addendum to the prior environmental impact report to explain to the public and other interested stakeholders the manner in which the project had been addressed in the prior environmental impact report. +(e) (1) In granting relief in an action or proceeding brought pursuant to this division, the court shall not stay or enjoin a priority project designated pursuant to subdivision (a) unless the court finds either of the following: +(A) The continued implementation of the priority project presents an imminent threat to the public health and safety. +(B) The priority project site contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continued implementation of the priority project. +(2) If the court finds that subparagraph (A) or (B) is satisfied, the court shall only enjoin those specific activities associated with the priority project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. +CEQA establishes procedures by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA and the judicial remedies available. +This bill would authorize each Member of the Legislature to nominate one project within his or her respective district each year, and the Governor to designate those projects as priority projects if the projects meet specified requirements. The bill would require the Governor to provide a notice of the designation to the appropriate lead agency and to the Office of Planning and Research. The bill would require the lead agency to notify the public and interested stakeholders of the designation, as specified, thereby imposing a state-mandated local program. The bill would require that an environmental impact report be prepared for each priority project, but would authorize tiering from previously prepared reports, as specified. The bill would prohibit the court from staying or enjoining the implementation of a priority project unless the court makes specified findings and would limit any stay or injunction, as provided. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 21168.10 to the Public Resources Code, relating to the environment." +712,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 150204 of the Health and Safety Code is amended to read: +150204. +(a) (1) A county may establish, by an action of the county board of supervisors or by an action of the public health officer of the county, as directed by the county board of supervisors, a repository and distribution program for purposes of this division. The county shall advise the California State Board of Pharmacy within 30 days from the date it establishes a repository and distribution program. +(2) Only an eligible entity, pursuant to Section 150201, may participate in this program to dispense medication donated to the drug repository and distribution program. +(3) An eligible entity that seeks to participate in the program shall inform the county health department and the California State Board of Pharmacy in writing of its intent to participate in the program. An eligible entity may not participate in the program until it has received written or electronic documentation from the county health department confirming that the department has received its notice of intent. +(4) (A) A participating entity shall disclose to the county health department on a quarterly basis the name and location of the source of all donated medication it receives. +(B) A participating primary care clinic, as described in Section 150201, shall disclose to the county health department the name of the licensed physician who shall be accountable to the California State Board of Pharmacy for the clinic’s program operations pursuant to this division. This physician shall be the professional director, as defined in subdivision (c) of Section 4182 of the Business and Professions Code. +(C) The county board of supervisors or public health officer of the county shall, upon request, make available to the California State Board of Pharmacy the information in this division. +(5) The county board of supervisors, the public health officer of the county, and the California State Board of Pharmacy may prohibit an eligible or participating entity from participating in the program if the entity does not comply with the provisions of the program, pursuant to this division. If the county board of supervisors, the public health officer of the county, or the California State Board of Pharmacy prohibits an eligible or participating entity from participating in the program, it shall provide written notice to the prohibited entity within 15 days of making this determination. The county board of supervisors, the public health officer of the county, and the California State Board of Pharmacy shall ensure that this notice also is provided to one another. +(b) A county that elects to establish a repository and distribution program pursuant to this division shall establish written procedures for, at a minimum, all of the following: +(1) Establishing eligibility for medically indigent patients who may participate in the program. +(2) Ensuring that patients eligible for the program shall not be charged for any medications provided under the program. +(3) Developing a formulary of medications appropriate for the repository and distribution program. +(4) Ensuring proper safety and management of any medications collected by and maintained under the authority of a participating entity. +(5) Ensuring the privacy of individuals for whom the medication was originally prescribed. +(c) Any medication donated to the repository and distribution program shall comply with the requirements specified in this division. Medication donated to the repository and distribution program shall meet all of the following criteria: +(1) The medication shall not be a controlled substance. +(2) The medication shall not have been adulterated, misbranded, or stored under conditions contrary to standards set by the United States Pharmacopoeia (USP) or the product manufacturer. +(3) The medication shall not have been in the possession of a patient or any individual member of the public, and in the case of medications donated by a health or care facility, as described in Section 150202, shall have been under the control of a staff member of the health or care facility who is licensed in California as a health care professional or has completed, at a minimum, the training requirements specified in Section 1569.69. +(d) (1) Only medication that is donated in unopened, tamper-evident packaging or modified unit dose containers that meet USP standards is eligible for donation to the repository and distribution program, provided lot numbers and expiration dates are affixed. Medication donated in opened containers shall not be dispensed by the repository and distribution program, and once identified, shall be quarantined immediately and handled and disposed of in accordance with the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104). +(2) (A) A medication that is the subject of a United States Food and Drug Administration managed risk evaluation and mitigation strategy pursuant to Section 355-1 of Title 21 of the United States Code shall not be donated if this inventory transfer is prohibited by that strategy, or if the inventory transfer requires prior authorization from the manufacturer of the medication. +(B) A medication that is the subject of a United States Food and Drug Administration managed risk evaluation and mitigation strategy pursuant to Section 355-1 of Title 21 of the United States Code, the donation of which is not prohibited pursuant to subparagraph (A), shall be managed and dispensed according to the requirements of that strategy. +(e) A pharmacist or physician at a participating entity shall use his or her professional judgment in determining whether donated medication meets the standards of this division before accepting or dispensing any medication under the repository and distribution program. +(f) A pharmacist or physician shall adhere to standard pharmacy practices, as required by state and federal law, when dispensing all medications. +(g) Medication that is donated to the repository and distribution program shall be handled in the following ways: +(1) Dispensed to an eligible patient. +(2) Destroyed. +(3) Returned to a reverse distributor or licensed waste hauler. +(4) (A) Transferred to another participating entity within the county to be dispensed to eligible patients pursuant to this division. Notwithstanding this paragraph, a participating county-owned pharmacy may transfer eligible donated medication to a participating county-owned pharmacy within another adjacent county that has adopted a program pursuant to this division, if the pharmacies transferring the medication have a written agreement between the entities that outlines protocols and procedures for safe and appropriate drug transfer that are consistent with this division. +(B) Medication donated under this division shall not be transferred by any participating entity more than once, and after it has been transferred, shall be dispensed to an eligible patient, destroyed, or returned to a reverse distributor or licensed waste hauler. +(C) Medication transferred pursuant to this paragraph shall be transferred with documentation that identifies the drug name, strength, and quantity of the medication, and the donation facility from where the medication originated shall be identified on medication packaging or in accompanying documentation. The document shall include a statement that the medication may not be transferred to another participating entity and must be handled pursuant to subparagraph (B). A copy of this document shall be kept by the participating entity transferring the medication and the participating entity receiving the medication. +(h) Medication that is donated to the repository and distribution program that does not meet the requirements of this division shall not be distributed or transferred under this program and shall be either destroyed or returned to a reverse distributor. Donated medication that does not meet the requirements of this division shall not be sold, dispensed, or otherwise transferred to any other entity. +(i) (1) Except as provided in paragraph (2), medication donated to the repository and distribution program shall be maintained in the donated packaging units until dispensed to an eligible patient under this program, who presents a valid prescription. When dispensed to an eligible patient under this program, the medication shall be in a new and properly labeled container, specific to the eligible patient and ensuring the privacy of the individuals for whom the medication was initially dispensed. Expired medication shall not be dispensed. +(2) A pharmacy that exists solely to operate the repository and distribution program may repackage a reasonable quantity of donated medicine in anticipation of dispensing the medicine to its patient population. The pharmacy shall have repackaging policies and procedures in place for identifying and recalling medications. Medication that is repackaged shall be labeled with the earliest expiration date. +(j) Medication donated to the repository and distribution program shall be segregated from the participating entity’s other drug stock by physical means, for purposes including, but not limited to, inventory, accounting, and inspection. +(k) A participating entity shall keep complete records of the acquisition and disposition of medication donated to, and transferred, dispensed, and destroyed under, the repository and distribution program. These records shall be kept separate from the participating entity’s other acquisition and disposition records and shall conform to the Pharmacy Law (Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code), including being readily retrievable. +(l) Local and county protocols established pursuant to this division shall conform to the Pharmacy Law regarding packaging, transporting, storing, and dispensing all medications. +(m) County protocols established for packaging, transporting, storing, and dispensing medications that require refrigeration, including, but not limited to, any biological product as defined in Section 351 of the Public Health Service Act (42 U.S.C. Sec. 262), an intravenously injected drug, or an infused drug, shall include specific procedures to ensure that these medications are packaged, transported, stored, and dispensed at appropriate temperatures and in accordance with USP standards and the Pharmacy Law. +(n) Notwithstanding any other provision of law, a participating entity shall follow the same procedural drug pedigree requirements for donated drugs as it would follow for drugs purchased from a wholesaler or directly from a drug manufacturer.","Existing law authorizes a county to establish a repository and distribution program under which a pharmacy, including a pharmacy that is owned by, or contracts with, the county, may distribute surplus unused medications, as defined, to persons in need of financial assistance to ensure access to necessary pharmaceutical therapies. Under existing law, only medication that is donated in unopened, tamper-evident packaging or modified unit dose containers that meet the United States Pharmacopoeia standards, and that includes lot numbers and expiration dates, is eligible for donation to the program. Existing law prohibits medication that does not meet the requirements for donation and distribution from being sold, dispensed, or otherwise transferred to any other entity. Existing law requires medication donated to the repository and distribution program to be maintained in the donated packaging units. +This bill would authorize a pharmacy that exists solely to operate the repository and distribution program to repackage a reasonable quantity of donated medicine in anticipation of dispensing the medicine to its patient population. The bill would require a pharmacy that repackages medication to have repackaging policies and procedures in place for identifying and recalling medications, and to label the repackaged medicine with the earliest expiration date.","An act to amend Section 150204 of the Health and Safety Code, relating to pharmaceuticals." +713,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11401.5 is added to the Insurance Code, to read: +11401.5. +(a) (1) Each association that holds a certificate of authority pursuant to this chapter and that issues long-term disability or long-term care policies or contracts shall submit to the commissioner the opinion of a qualified actuary as to whether the reserves and related actuarial items that support the policies or contracts issued pursuant to this chapter, including policies and contracts issued by entities established by these associations that provide benefits described in this chapter, are expected to be adequate to satisfy contractual provisions, are based on reasonable assumptions, and are based on actuarial standards of practice published by the American Academy of Actuaries and the Actuarial Standards Board. An association that holds a certificate of authority pursuant to this chapter shall file its opinion no later than July 1, 2016. The opinion shall have been completed no earlier than December 31, 2013. +(2) An association is considered to have issued a long-term care or disability policy or contract if it self-funds all or part of the resulting obligation. An association that markets long-term policies or contracts issued by an insurer that is admitted by the department to offer insurance products in the state is exempt from this reporting requirement. +(3) An association seeking a certificate of authority pursuant to this chapter shall file an opinion, to the extent feasible, that establishes that it would have adequate resources to provide benefits described in this chapter as required to satisfy its proposed contractual obligations. +(b) The opinion required by subdivision (a) shall include supporting memoranda from the same qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts, when considered in light of the assets held by the association with respect to the reserves and related actuarial items, including, but not limited to, the investment earnings on the assets and the considerations anticipated to be received and retained under the policies and contracts, and shall make adequate provision for the association’s obligations under the policies and contracts, including, but not limited to, the benefits and any administrative and operating expenses associated with the policies and contracts. +(c) The opinion required by subdivision (a) shall be governed by the following provisions: +(1) It shall include supporting memoranda consistent with actuarial standards of practice published by the American Academy of Actuaries and the Actuarial Standards Board. +(2) If the association fails to provide an opinion and supporting memoranda to the commissioner that meets the requirements of this section, the commissioner shall notify the association of the deficiencies in the filing, and shall make a specific request that identifies the issues that should be addressed in an amended filing. The requests shall be consistent with actuarial standards of practice published by the American Academy of Actuaries and the Actuarial Standards Board. +(d) If the commissioner determines, after a review of the filings from the associations, that the laws governing these associations are inadequate to protect the interests of the members of the associations, he or she shall, on or before July 1, 2017, develop and deliver recommendations to the Assembly Committee on Insurance and the Senate Committee on Insurance regarding changes in the law necessary to protect the interests of members of the associations. +(e) Documents, materials, or other information, including the opinion with supporting memoranda, submitted pursuant to this section that are in the possession or control of the Department of Insurance and that are obtained by, created by, or disclosed to the commissioner or any other person pursuant to this section, are recognized by this state as being proprietary and to contain trade secrets. Those documents, materials, or other information shall be confidential by law and privileged, shall not be subject to disclosure by the commissioner pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), and shall not be subject to subpoena or discovery from the commissioner or admissible into evidence, in a private civil action if obtained from the commissioner. The commissioner shall not otherwise make those documents, materials, or other information public without the prior written consent of the association. +(f) This section shall remain in effect only until December 31, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2018, deletes or extends that date. +SEC. 2. +Section 11401.6 is added to the Insurance Code, to read: +11401.6. +(a) An association that self-funds all or part of the benefits provided under this chapter shall include the following language, or other language approved by the commissioner, in all contracts that are not regulated by the department, and in certificates evidencing coverage under those contracts, in capital letters and in a minimum of 12-point type: + + +“ALL OR A PORTION OF THE BENEFITS PROVIDED BY THIS CONTRACT ARE NOT SUBJECT TO REGULATION BY THE CALIFORNIA DEPARTMENT OF INSURANCE, AND THE CONTRACT IS NOT GUARANTEED BY THE CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTEE ASSOCIATION.” + + +(b) This section shall remain in effect only until December 31, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2018, deletes or extends that date. +SEC. 3. +The Legislature finds and declares that Section 1 of this act, which adds Section 11401.5 of the Insurance Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +In order to protect proprietary information, it is necessary to enact legislation that limits the public’s right of access to insurance holding company information that is provided pursuant to Section 11401.5 of the Insurance Code.","Existing law generally provides for the regulation of insurers by the Department of Insurance pursuant to laws set forth in the Insurance Code. Existing law authorizes the Insurance Commissioner to make certain examinations, investigations, and prosecutions and, upon making a determination of the existence of certain conduct, conditions, or grounds, to issue orders reasonably necessary to correct, eliminate, or remedy the conduct, conditions, or grounds. +Existing law exempts from the requirements set forth in the Insurance Code firemen’s, policemen’s, and peace officers’ benefit and relief associations that comply with specified criteria, including, among other things, a requirement that the membership consist solely of peace officers, members of police or fire departments, and emergency medical personnel employed by fire departments, as specified. Existing law prohibits an association from operating or doing business in the state without a certificate of authority. +This bill would require every association that holds a certificate of authority and that issues long-term disability or long-term care policies or contracts, as specified, to submit to the commissioner the opinion, as specified, of a qualified actuary as to whether the reserves and related actuarial items that support the policies or contracts issued are expected to be adequate to satisfy contractual provisions, are based on reasonable assumptions, and are based on specified actuarial standards. The bill would also require an association seeking a certificate of authority to file an opinion that meets specified requirements and that establishes that it would have adequate resources to provide benefits, as specified, as required to satisfy its proposed contractual obligations. The bill would recognize that information submitted by a company pursuant to those provisions and in the possession or control of the department as proprietary and containing trade secrets. The bill would require that information to be confidential and privileged, exempt from disclosure by the commissioner pursuant to the California Public Records Act, and not subject to subpoena or discovery from the commissioner or admissible into evidence in a private civil action if obtained from the commissioner. The bill would require the commissioner to notify the association of the deficiencies in the filing if the association fails to provide an opinion and supporting memoranda to the commissioner that meets the requirements of the bill, as specified. The bill would require an association that self-funds all or part of the benefits to include specified disclosure language in all contracts that are not regulated by the department and in certificates evidencing coverage under those contracts. The bill would also require the commissioner, if he or she determines that the laws governing these associations are inadequate to protect the interests of the members of the associations, to develop and deliver recommendations to the Assembly Committee on Insurance and the Senate Committee on Insurance regarding changes in the law necessary to protect the interests of members of the associations. The provisions of the bill would remain in effect only until December 31, 2018, and as of that date would be repealed. +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to add and repeal Sections 11401.5 and 11401.6 of the Insurance Code, relating to insurance." +714,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4076 of the Business and Professions Code is amended to read: +4076. +(a) A pharmacist shall not dispense any prescription except in a container that meets the requirements of state and federal law and is correctly labeled with all of the following: +(1) Except when the prescriber or the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6 orders otherwise, either the manufacturer’s trade name of the drug or the generic name and the name of the manufacturer. Commonly used abbreviations may be used. Preparations containing two or more active ingredients may be identified by the manufacturer’s trade name or the commonly used name or the principal active ingredients. +(2) The directions for the use of the drug. +(3) The name of the patient or patients. +(4) The name of the prescriber or, if applicable, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6. +(5) The date of issue. +(6) The name and address of the pharmacy, and prescription number or other means of identifying the prescription. +(7) The strength of the drug or drugs dispensed. +(8) The quantity of the drug or drugs dispensed. +(9) The expiration date of the effectiveness of the drug dispensed. +(10) The condition or purpose for which the drug was prescribed if the condition or purpose is indicated on the prescription. +(11) (A) Commencing January 1, 2006, the physical description of the dispensed medication, including its color, shape, and any identification code that appears on the tablets or capsules, except as follows: +(i) Prescriptions dispensed by a veterinarian. +(ii) An exemption from the requirements of this paragraph shall be granted to a new drug for the first 120 days that the drug is on the market and for the 90 days during which the national reference file has no description on file. +(iii) Dispensed medications for which no physical description exists in any commercially available database. +(B) This paragraph applies to outpatient pharmacies only. +(C) The information required by this paragraph may be printed on an auxiliary label that is affixed to the prescription container. +(D) This paragraph shall not become operative if the board, prior to January 1, 2006, adopts regulations that mandate the same labeling requirements set forth in this paragraph. +(b) If a pharmacist dispenses a prescribed drug by means of a unit dose medication system, as defined by administrative regulation, for a patient in a skilled nursing, intermediate care, or other health care facility, the requirements of this section will be satisfied if the unit dose medication system contains the aforementioned information or the information is otherwise readily available at the time of drug administration. +(c) If a pharmacist dispenses a dangerous drug or device in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include on individual unit dose containers for a specific patient, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6. +(d) If a pharmacist dispenses a prescription drug for use in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include the information required in paragraph (11) of subdivision (a) when the prescription drug is administered to a patient by a person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), or the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840)), who is acting within his or her scope of practice. +(e) A pharmacist shall use professional judgment to provide a patient with directions for use that enhance the patient’s understanding of those directions, consistent with the prescriber’s instructions. +SEC. 2. +Section 4076.6 is added to the Business and Professions Code, to read: +4076.6. +(a) Upon the request of a patient or patient’s representative, a dispenser shall provide translated directions for use, which shall be printed on the prescription container, label, or on a supplemental document. If translated directions for use appear on a prescription container or label, the English-language version of the directions for use shall also appear on the container or label, whenever possible, and may appear on other areas of the label outside the patient-centered area. When it is not possible for the English-language directions for use to appear on the container or label, it shall be provided on a supplemental document. +(b) A dispenser may use translations made available by the board pursuant to subdivision (b) of Section 1707.5 of Title 16 of the California Code of Regulations to comply with this section. +(c) A dispenser shall not be required to provide translated directions for use beyond the languages that the board has made available or beyond the directions that the board has made available in translated form. +(d) A dispenser may provide his or her own translated directions for use to comply with the requirements of this section, and nothing in this section shall be construed to prohibit a dispenser from providing translated directions for use in languages beyond those that the board has made available or beyond the directions that the board has made available in translated form. +(e) A dispenser shall be responsible for the accuracy of the English-language directions for use provided to the patient. This section shall not affect a dispenser’s existing responsibility to correctly label a prescription pursuant to Section 4076. +(f) For purposes of this section, a dispenser does not include a veterinarian. +SEC. 3. +Section 4199 of the Business and Professions Code is amended to read: +4199. +(a) Any veterinary food-animal drug dispensed pursuant to a prescription from a licensed veterinarian for food producing animals from a veterinary food-animal drug retailer pursuant to this chapter is subject to the labeling requirements of Sections 4076, 4076.6, and 4077. +(b) All prescriptions filled by a veterinary food-animal drug retailer shall be kept on file and maintained for at least three years in accordance with Section 4333. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. That law requires a pharmacist to dispense a prescription in a container that, among other things, is correctly labeled with the directions for use of the drug, and requires the board to promulgate regulations that require, on or before January 1, 2011, a standardized, patient-centered, prescription drug label on all prescription medicine dispensed to patients in California. Existing regulations of the board implement that requirement, establishing standardized directions for use to be used when applicable, and requiring that the board publish on its Internet Web site translation of those directions for use into at least 5 languages other than English. A violation of that law is a crime. +This bill would require a pharmacist to use professional judgment to provide a patient with directions for use of a prescription that enhance the patient’s understanding of those directions, consistent with the prescriber’s instructions. The bill would also require a dispenser, excluding a veterinarian, upon the request of a patient or patient’s representative, to provide translated directions for use as prescribed. The bill would authorize a dispenser to use translations made available by the board pursuant to those existing regulations. The bill would make a dispenser responsible for the accuracy of English-language directions for use provided to the patient. By imposing new requirements on dispensers, the violation of which would be a crime, this bill would impose a state-mandated local program. +The Pharmacy Law also provides for the licensure and regulation of veterinary food-animal drug retailers by the board. That law subjects to specific prescription drug labeling requirements any veterinary food-animal drug dispensed pursuant to a prescription from a licensed veterinarian for food-producing animals from a veterinary food-animal drug retailer pursuant to that law. +This bill would also subject any veterinary food-animal drug so dispensed to the above drug labeling requirements relating to standardized directions for use. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 4076 and 4199 of, and to add Section 4076.6 to, the Business and Professions Code, relating to pharmacy." +715,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25186 of the Health and Safety Code is amended to read: +25186. +The department may deny, suspend, or revoke any permit, registration, or certificate applied for, or issued, pursuant to this chapter in accordance with the procedures specified in Sections 25186.1 and 25186.2, where the applicant or holder of the permit, registration, or certificate, or in the case of a business concern, any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern, has engaged in any of the following: +(a) Any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment. +(b) The aiding, abetting, or permitting of any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment. +(c) Any violation of, or noncompliance with, any order issued by a state or local agency or by a hearing officer or a court relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code. +(d) Any misrepresentation or omission of a significant fact or other required information in the application for the permit, registration, or certificate, or in information subsequently reported to the department or to a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180. +(e) (1) Activities resulting in any federal or state conviction that are significantly related to the fitness of the applicant or holder of the permit, registration, or certificate to perform the applicant’s duties or activities under the permit, registration, or certificate. +(2) For the purposes of this paragraph, “conviction” means a plea or verdict of guilty or a conviction following a plea of nolo contendere. +(3) An action that the department may take pursuant to this paragraph relating to the denial, suspension, or revocation of a permit, registration, or certificate may be based upon a conviction for which any of the following has occurred: +(A) The time for appeal has elapsed. +(B) The judgment of conviction has been affirmed on appeal. +(C) Any order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting that person to withdraw the person’s plea of guilty, and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. +(f) Activities resulting in the revocation or suspension of a license, permit, registration, or certificate held by the applicant or holder of the permit, registration, or certificate or, if the applicant or holder of the permit, registration, or certificate is a business concern, by any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern relating to, the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code. +SEC. 2. +Section 25186.05 is added to the Health and Safety Code, to read: +25186.05. +(a) For the purposes of this section, “violation” and “noncompliance” mean only the following: +(1) A violation or noncompliance pursuant to Section 25186 that creates a significant risk of harm to the public health or safety of the environment resulting from acute or chronic exposure to hazardous waste or hazardous waste constituents, and that threat makes it reasonably necessary to take action to prevent, reduce, or mitigate that exposure. +(2) A violation of, or noncompliance with, any order issued by the department to the applicant or holder of the permit. +(3) A federal or state felony conviction for a violation of this chapter or its equivalent in the federal act, or of any requirement or regulation adopted pursuant to that authority relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste, as described in subdivision (e) of Section 25186. +(b) A violation or noncompliance by a federal hazardous waste facility, pursuant to Section 6961 of Title 42 of the United States Code, shall, for purposes of this section, be limited to a violation or noncompliance caused by an action or inaction within the boundaries identified in Part B of the federal hazardous waste permit application, pursuant to Section 270.14 of Title 40 of the Code of Federal Regulations, for that facility. +(c) “Violation” and “noncompliance” shall not include a minor violation as defined in Section 25117.6. +(d) (1) Except as provided in paragraph (2), the department shall consider three or more incidents of violation of, or noncompliance with, a requirement specified in subdivision (a) or (b) of Section 25186 for which a person or entity has been found liable or has been convicted, with respect to a single facility within a five-year period, as compelling cause to deny, suspend, or revoke the permit, registration, or certificate. +(2) This subdivision does not apply to a third violation or noncompliance if the department finds that extraordinary circumstances exist, including that a denial, suspension, or revocation would endanger the public health or safety or the environment. +(3) This subdivision does not limit or modify the department’s authority to deny, suspend, or revoke any permit, registration, or certificate pursuant to Section 25186 or any other law. +SEC. 3. +Section 25186.2 of the Health and Safety Code is amended to read: +25186.2. +The department may temporarily suspend any permit, registration, or certificate issued pursuant to this chapter prior to any hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. In making this determination, the department may rely on any information, including, but not limited to, information concerning an actual, threatened, or potential harm to the public health or safety or the environment, information concerning a release or threat of a release, or a human health or ecological risk assessment. The department shall notify the holder of the permit, registration, or certificate of the temporary suspension and the effective date thereof and at the same time shall serve the person with an accusation. Upon receipt by the department of a notice of defense to the accusation from the holder of the permit, registration, or certificate, the department shall, within 15 days, set the matter for a hearing, which shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits, which shall be made within 60 days after the completion of the hearing. If the determination is not transmitted within this period, the temporary suspension shall be of no further effect. +SEC. 4. +Section 25189.4 is added to the Health and Safety Code, to read: +25189.4. +(a) In addition to any penalty imposed under any other law, a person who is subject to the imposition of civil or criminal penalties pursuant to the provisions specified in subdivision (b) shall also be subject to an additional civil penalty of not less than five thousand dollars ($5,000) or more than fifty thousand dollars ($50,000) for each day of each violation, if the person has been found liable for, or has been convicted of, two or more previous violations subject to the penalties specified in subdivision (b) and those violations or convictions occurred within any consecutive 60 months. +(b) The additional liability specified in subdivision (a) shall apply to a penalty imposed pursuant to, or a conviction under, paragraph (2) of subdivision (g) of Section 25187.8, or Section 25189, 25189.2, 25189.3, 25189.5, 25189.6, or 25189.7.","(1) The Hazardous Waste Control Law regulates the use and disposal of hazardous waste and authorizes the Department of Toxic Substances Control to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued to, a person or entity if that person or entity engaged in specified activities in violation of the Hazardous Waste Control Law or other laws. +This bill would require the department to consider, except under specified circumstances, 3 or more violations of, or noncompliance with, specified provisions for which a person or entity has been found liable or has been convicted, with respect to a single hazardous waste facility within a 5-year period, as compelling cause to deny, suspend, or revoke a permit, registration, or certificate applied for by, or issued to, that person or entity. +(2) Existing law authorizes the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that action is necessary to prevent or mitigate an imminent and substantial danger to the public health or safety or the environment. Existing law requires the department, upon receipt of a notice of defense to the accusation from the holder of the permit, registration, or certificate, to set the matter for hearing within 15 days and to hold the hearing as soon as possible, but not later than 30 days after receipt of the notice. Existing law requires the hearing to be held without delay and completed as soon as possible. +This bill would instead authorize the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. The bill would repeal the requirement that the hearing be held without delay and completed as soon as possible. +(3) Existing law provides for the imposition of civil and criminal penalties upon persons who violate the requirements of the hazardous waste control law or take other actions with regard to the handling of hazardous waste. +This bill would impose, upon a person who is subject to the imposition of those civil or criminal penalties, an additional civil penalty of not less than $5,000 or more than $50,000 for each day of each violation, if the person has been found liable for, or been convicted of, 2 or more previous violations of certain of these hazardous waste-related provisions within any consecutive 60 months.","An act to amend Sections 25186 and 25186.2 of, and to add Sections 25186.05 and 25189.4 to, the Health and Safety Code, relating to hazardous waste." +716,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Mutual water companies are nonprofit entities that seek to provide quality water service to their residential, commercial, municipal, and agricultural shareholders or members, many through small water systems and in disadvantaged communities throughout the state. +(b) Since 2013, mutual water companies have made great improvements to water quality and service reliability across California, as well as to the transparency of their operations and finances. +(c) Mutual water companies have been leaders in promoting water conservation and efficiency since the drought emergency in California began. +(d) Mutual water companies serve as the sole water provider in their service territories and act in many ways like public agencies, and they therefore should take reasonable steps to ensure their shareholders and customers have a voice in the operations of the company. +(e) Many mutual water companies have small or no meeting facilities, some of which meet in board members’ residences, that can safely hold only a limited number of people, and are located in remote parts of California that are difficult to access by some shareholders and customers of the mutual water company. +(f) Many small mutual water companies have limited financial means and it is important that their financial resources be put to efficient use in fulfilling their duty to provide safe and affordable water to their shareholders and members. +(g) Mutual water companies are unique, and unlike large public agencies or for-profit utilities, these nonprofit organizations are solely responsible to their shareholders and customers and not the broader public outside of their service area. +(h) Given the distinctive operational constraints faced by mutual water companies, the Legislature believes that mutual water companies should, where economically and technologically feasible, have means to provide the greatest shareholder and customer access to meetings within these constraints. +SEC. 2. +Section 14305 of the Corporations Code is amended to read: +14305. +(a) (1) This section shall be known and may be cited as the Mutual Water Company Open Meeting Act. +(2) This section shall only apply to a mutual water company that operates a public water system. +(b) (1) (A) A board of directors of a mutual water company shall allow an eligible person to personally attend a meeting of the board, if the eligible person gave the board at least 24 hours advance written notice of his or her intent to personally attend the meeting. +(B) Notwithstanding any other law, the board of directors may use teleconferencing to provide any eligible person access to the meeting that otherwise would be denied attendance at a meeting of the board for failure to provide this notice, or because the number of eligible persons having already provided notice of attendance exceeds the room capacity of the place of the meeting described in the notice issued pursuant to subdivision (f). The teleconferenced meeting or proceeding shall comply with this section and all other applicable provisions of law relating to a specific type of meeting or proceeding conducted by a mutual water company. If the board uses teleconferencing, the board shall provide to an eligible person attending a meeting by teleconference, before the meeting begins, an electronic copy or photocopy of all documents not related to an executive session to be discussed at the meeting. A board of directors of a mutual water company shall not prohibit an eligible person from attending a meeting of the board either in person, so long as the eligible person has complied with the notice requirement of paragraph (A), or by teleconference except as provided by paragraph (2). A board of directors may allow an eligible person to attend the meeting personally in lieu of using teleconferencing pursuant to this paragraph. +(C) For purposes of this subdivision, the term “teleconference” means, to the extent it is technologically feasible, any electronic means, that includes either audio or video or both, that allows an eligible person to hear a meeting and verbally interact with the board, including, but not limited to, a telephone, cellular telephone with speaker phone technology, or computer, or a device using internet-based video or audio conference technology. +(2) A board of directors of a mutual water company shall only meet in executive session during a meeting. A board may prohibit an eligible person from attending an executive session to consider pending or potential litigation, matters relating to the formation of contracts with third parties, including matters relating to the potential acquisition of real property or water rights, member or shareholder discipline, personnel matters, or to meet with a member or shareholder, upon the member or shareholder’s request, regarding the member or shareholder’s payment of assessments, as specified in Section 14303. +(3) The board of directors of a mutual water company shall meet in executive session, if requested by a member or shareholder who may be subject to a fine, penalty, or other form of discipline, and the member shall be entitled to attend the executive session. +(4) An eligible person shall be entitled to attend a teleconference meeting, as specified in paragraph (3) of subdivision (o), or the portion of the teleconference meeting that is open to eligible persons, and shall be entitled to attend with or without fulfilling the notice requirement in paragraph (1). The teleconference meeting or portion of the meeting that is open to eligible persons shall be audible to the eligible person in a location specified in the notice of the meeting. +(c) Any matter discussed in executive session shall be generally noted in the minutes of the meeting at which the executive session occurred. +(d) The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the board of directors of a mutual water company, conducted on or after January 1, 2014, other than an executive session, shall be available to eligible persons within 30 days of the meeting. The minutes, proposed minutes, or summary minutes shall be provided to any eligible person upon request and upon reimbursement of the mutual water company’s costs for providing the minutes. +(e) The pro forma budget required in Section 14306 shall be available to eligible persons within 30 days of the meeting at which the budget was adopted. The budget shall be provided to any eligible person upon request and upon reimbursement of the mutual water company’s costs. +(f) Unless the bylaws provide for a longer period of notice, eligible persons shall be given notice of the time and place of a meeting as defined in subdivision (o), except for an emergency meeting, at least four days prior to the meeting. Notice shall be given by posting the notice in a prominent, publicly accessible place or places within the territory served by the mutual water company and by mail to any eligible person who had requested notification of board meetings by mail, at the address requested by the eligible person. Eligible persons requesting notice by mail shall pay the costs of reproduction and mailing of the notice in advance. Notice may also be given by mail, by delivery of the notice to each unit served by the mutual water company, or, with the consent of the eligible person, by electronic means. The notice shall contain the agenda for the meeting. +(g) An emergency meeting of the board may be called by the chief executive officer of the mutual water company, or by any two members of the board of directors other than the chief executive officer, if there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice as required by this section. +(h) The board of directors of a mutual water company shall permit any eligible person to speak at any meeting of the mutual water company or the board of directors, except for any portion of a meeting that is held in executive session outside the presence of eligible persons. A reasonable time limit for all eligible persons to speak to the board of directors or before a meeting of the mutual water company shall be established by the board of directors. +(i) (1) Except as described in paragraphs (2) to (4), inclusive, the board of directors of the mutual water company shall not discuss or take action on any item at a nonemergency meeting unless the item was placed on the agenda included in the notice that was posted and distributed pursuant to subdivision (f). This subdivision does not prohibit an eligible person who is not a member of the board from speaking on issues not on the agenda. +(2) Notwithstanding paragraph (1), a member of the board of directors, mutual water company officers, or a member of the staff of the mutual water company, may do any of the following: +(A) Briefly respond to statements made or questions posed by a person speaking at a meeting as described in subdivision (h). +(B) Ask a question for clarification, make an announcement, or make a brief report on his or her own activities, whether in response to questions posed by an eligible person or based upon his or her own initiative. +(3) Notwithstanding paragraph (1), the board of directors or a member of the board of directors, subject to rules or procedures of the board of directors, may do any of the following: +(A) Provide a reference to, or provide other resources for factual information to, the mutual water company’s officers or staff. +(B) Request the mutual water company’s officers or staff to report back to the board of directors at a subsequent meeting concerning any matter, or take action to direct the mutual water company’s officers or staff to place a matter of business on a future agenda. +(C) Direct the mutual water company’s officers or staff to perform administrative tasks that are necessary to carry out this subdivision. +(4) (A) Notwithstanding paragraph (1), the board of directors may take action on any item of business not appearing on the agenda posted and distributed pursuant to subdivision (f) under any of the following conditions: +(i) Upon a determination made by a majority of the board of directors present at the meeting that an emergency situation exists. An emergency situation exists if there are circumstances that could not have been reasonably foreseen by the board, that require immediate attention and possible action by the board, and that, of necessity, make it impracticable to provide notice. +(ii) Upon a determination made by the board by a vote of two-thirds of the members present at the meeting, or, if less than two-thirds of total membership of the board is present at the meeting, by a unanimous vote of the members present, that there is a need to take immediate action and that the need for action came to the attention of the board after the agenda was posted and distributed pursuant to subdivision (f). +(iii) The item appeared on an agenda that was posted and distributed pursuant to subdivision (f) for a prior meeting of the board of directors that occurred not more than 30 calendar days before the date that action is taken on the item and, at the prior meeting, action on the item was continued to the meeting at which the action is taken. +(B) Before discussing any item pursuant to this paragraph, the board of directors shall openly identify the item to the members in attendance at the meeting. +(j) (1) Notwithstanding any other law, the board of directors shall not take action on any item of business outside of a meeting. +(2) (A) Notwithstanding any other provision of law, the board of directors shall not conduct a meeting via a series of electronic transmissions, including, but not limited to, electronic mail, except as specified in subparagraph (B). +(B) Electronic transmissions may be used as a method of conducting an emergency meeting if all members of the board, individually or collectively, consent in writing to that action, and if the written consent or consents are filed with the minutes of the meeting of the board. These written consents may be transmitted electronically. +(k) (1) An eligible person may bring a civil action for declaratory or equitable relief for a violation of this section by a mutual water company for which he or she is defined as an eligible person for a judicial determination that an action taken by the board is null and void under this section. +(2) Prior to the commencement of an action pursuant to paragraph (1), the eligible person shall make a demand on the board to cure or correct the action alleged to be taken in violation of this section. The demand shall be in writing, and submitted within 90 days from the date the action was taken. The demand shall state the challenged action of the board and the nature of the alleged violation. +(3) Within 30 days of receipt of the demand, the board shall cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct, or inform the demanding party in writing of its decision not to cure or correct the challenged action. +(4) Within 15 days of receipt of the written notice of the board’s decision to cure or correct or not to cure or correct, or within 15 days of the expiration of the 30-day period to cure or correct, whichever is earlier, the demanding party shall commence the action pursuant to paragraph (1). If the demanding party fails to commence the action pursuant to paragraph (1), that party shall be barred from commencing the action thereafter. +(l) A board action that is alleged to have been taken in violation of this section shall not be determined to be void if the action taken was in substantial compliance with this section. +(m) The fact that the board of directors of a mutual water company takes subsequent action to cure or correct an action taken pursuant to this section shall not be construed as, or admissible as evidence of, a violation of this section. +(n) An eligible person who prevails in a civil action to enforce his or her rights pursuant to this section shall be entitled to reasonable attorney’s fees and court costs. A prevailing mutual water company shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. +(o) As used in this section: +(1) “Eligible person” means a person who is any of the following: +(A) A shareholder or member of the mutual water company. +(B) A person who is an occupant, pursuant to a lease or a rental agreement, of commercial space or a dwelling unit to which the mutual water company sells, distributes, supplies, or delivers drinking water. +(C) An elected official of a city or county who represents people who receive drinking water directly from the mutual water company on a retail basis. +(D) Any other person eligible to participate in the mutual water company’s meetings under provisions of the company’s articles or bylaws. +(2) “Item of business” means any action within the authority of the board, except those actions that the board has validly delegated to any other person or persons, officer of the mutual water company, or committee of the board comprising less than a majority of the directors. +(3) “Meeting” means either of the following: +(A) A congregation of a majority of the members of the board at the same time and place to hear, discuss, or deliberate upon any item of business that is within the authority of the board. +(B) A teleconference in which a majority of the members of the board, in different locations, are connected by electronic means, through audio or video or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the mutual water company and otherwise complies with the requirements of this title. The notice of the teleconference meeting shall identify at least one physical location so that members of the mutual water company may attend and at least one member of the board of directors or a person designated by the board shall be present at that location. Participation by board members in a teleconference meeting constitutes presence at that meeting as long as all board members participating in the meeting are able to hear one another and members of the mutual water company speaking on matters before the board. +(4) “Mutual water company” means a mutual water company, as defined in Section 14300, that operates a public water system, as defined in Section 14300.5.","Under existing law, a mutual water company is defined as a corporation organized for or engaged in the business of selling, distributing, supplying, or delivering water for irrigation or domestic purposes that provides in its articles or bylaws that the water shall be sold, distributed, supplied, or delivered only to owners of its shares, as specified. +A mutual water company may be organized under the General Corporation Law or the Nonprofit Mutual Benefit Corporation Law. The Mutual Water Company Open Meeting Act authorizes an eligible person, upon 24 hours advance written notice, to attend meetings of the board of directors of a mutual water company that operates a public water system, except when the board adjourns to, or meets solely in, executive session. +This bill would prohibit a mutual water company from meeting solely in an executive session without holding a meeting. The bill would require notice of a meeting to be given to an eligible person at least 4 days prior to the meetings. The bill would require a board of directors of a mutual water company to allow an eligible person to personally attend a meeting of the board, if the eligible person gave the board at least 24 hours advance written notice of his or her intent to personally attend the meeting. The bill would authorize the board to allow an eligible person who was denied attendance at a meeting for failure to provide this notice, or because the number of eligible persons having already provided notice of attendance exceeds the room capacity of the place of the meeting, to attend the meeting by teleconference, and would further require the board to provide to an eligible person attending a meeting by teleconference a copy of the documents to be discussed at the meeting, as specified.","An act to amend Section 14305 of the Corporations Code, relating to mutual water companies." +717,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 34171 of the Health and Safety Code is amended to read: +34171. +The following terms shall have the following meanings: +(a) “Administrative budget” means the budget for administrative costs of the successor agencies as provided in Section 34177. +(b) “Administrative cost allowance” means an amount that, subject to the approval of the oversight board, is payable from property tax revenues of up to 5 percent of the property tax allocated to the successor agency on the Recognized Obligation Payment Schedule covering the period January 1, 2012, through June 30, 2012, and up to 3 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund money that is allocated to the successor agency for each fiscal year thereafter; provided, however, that the amount shall not be less than two hundred fifty thousand dollars ($250,000), unless the oversight board reduces this amount, for any fiscal year or such lesser amount as agreed to by the successor agency. However, the allowance amount shall exclude, and shall not apply to, any administrative costs that can be paid from bond proceeds or from sources other than property tax. Administrative cost allowances shall exclude any litigation expenses related to assets or obligations, settlements and judgments, and the costs of maintaining assets prior to disposition. Employee costs associated with work on specific project implementation activities, including, but not limited to, construction inspection, project management, or actual construction, shall be considered project-specific costs and shall not constitute administrative costs. +(c) “Designated local authority” shall mean a public entity formed pursuant to subdivision (d) of Section 34173. +(d) (1) “Enforceable obligation” means any of the following: +(A) Bonds, as defined by Section 33602 and bonds issued pursuant to Chapter 10.5 (commencing with Section 5850) of Division 6 of Title 1 of the Government Code, including the required debt service, reserve set-asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency. A reserve may be held when required by the bond indenture or when the next property tax allocation will be insufficient to pay all obligations due under the provisions of the bond for the next payment due in the following half of the calendar year. +(B) Loans of moneys borrowed by the redevelopment agency for a lawful purpose, to the extent they are legally required to be repaid pursuant to a required repayment schedule or other mandatory loan terms. +(C) Payments required by the federal government, preexisting obligations to the state or obligations imposed by state law, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies’ employees, including, but not limited to, pension payments, pension obligation debt service, unemployment payments, or other obligations conferred through a collective bargaining agreement. Costs incurred to fulfill collective bargaining agreements for layoffs or terminations of city employees who performed work directly on behalf of the former redevelopment agency shall be considered enforceable obligations payable from property tax funds. The obligations to employees specified in this subparagraph shall remain enforceable obligations payable from property tax funds for any employee to whom those obligations apply if that employee is transferred to the entity assuming the housing functions of the former redevelopment agency pursuant to Section 34176. The successor agency or designated local authority shall enter into an agreement with the housing entity to reimburse it for any costs of the employee obligations. +(D) Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision. +(E) Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy. However, nothing in this act shall prohibit either the successor agency, with the approval or at the direction of the oversight board, or the oversight board itself from terminating any existing agreements or contracts and providing any necessary and required compensation or remediation for such termination. Titles of or headings used on or in a document shall not be relevant in determining the existence of an enforceable obligation. +(F) Contracts or agreements necessary for the administration or operation of the successor agency, in accordance with this part, including, but not limited to, agreements concerning litigation expenses related to assets or obligations, settlements and judgments, and the costs of maintaining assets prior to disposition, and agreements to purchase or rent office space, equipment and supplies, and pay-related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134. +(G) Amounts borrowed from, or payments owing to, the Low and Moderate Income Housing Fund of a redevelopment agency, which had been deferred as of the effective date of the act adding this part; provided, however, that the repayment schedule is approved by the oversight board. Repayments shall be transferred to the Low and Moderate Income Housing Asset Fund established pursuant to subdivision (d) of Section 34176 as a housing asset and shall be used in a manner consistent with the affordable housing requirements of the Community Redevelopment Law (Part 1 (commencing with Section 33000)). +(2) For purposes of this part, “enforceable obligation” does not include any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. However, written agreements entered into (A) at the time of issuance, but in no event later than December 31, 2010, of indebtedness obligations, and (B) solely for the purpose of securing or repaying those indebtedness obligations may be deemed enforceable obligations for purposes of this part. Notwithstanding this paragraph, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created it, within two years of the date of creation of the redevelopment agency, may be deemed to be enforceable obligations. +(3) Contracts or agreements between the former redevelopment agency and other public agencies, to perform services or provide funding for governmental or private services or capital projects outside of redevelopment project areas that do not provide benefit to the redevelopment project and thus were not properly authorized under Part 1 (commencing with Section 33000) shall be deemed void on the effective date of this part; provided, however, that such contracts or agreements for the provision of housing properly authorized under Part 1 (commencing with Section 33000) shall not be deemed void. +(4) The department may determine that an agreement between a former redevelopment agency and a joint powers authority that was created to exercise the powers provided by the Military Base Reuse Authority Act (Title 7.86 (commencing with Section 67800) of the Government Code) is an enforceable obligation. +(e) “Indebtedness obligations” means bonds, notes, certificates of participation, or other evidence of indebtedness, issued or delivered by the redevelopment agency, or by a joint exercise of powers authority created by the redevelopment agency, to third-party investors or bondholders to finance or refinance redevelopment projects undertaken by the redevelopment agency in compliance with the Community Redevelopment Law (Part 1 (commencing with Section 33000)). +(f) “Oversight board” shall mean each entity established pursuant to Section 34179. +(g) “Recognized obligation” means an obligation listed in the Recognized Obligation Payment Schedule. +(h) “Recognized Obligation Payment Schedule” means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each six-month fiscal period as provided in subdivision (m) of Section 34177. +(i) “School entity” means any entity defined as such in subdivision (f) of Section 95 of the Revenue and Taxation Code. +(j) “Successor agency” means the successor entity to the former redevelopment agency as described in Section 34173. +(k) “Taxing entities” means cities, counties, a city and county, special districts, and school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, that receive passthrough payments and distributions of property taxes pursuant to the provisions of this part. +(l) “Property taxes” include all property tax revenues, including those from unitary and supplemental and roll corrections applicable to tax increment. +(m) “Department” means the Department of Finance unless the context clearly refers to another state agency. +(n) “Sponsoring entity” means the city, county, or city and county, or other entity that authorized the creation of each redevelopment agency. +(o) “Final judicial determination” means a final judicial determination made by any state court that is not appealed, or by a court of appellate jurisdiction that is not further appealed, in an action by any party. +(p) From July 1, 2014, to July 1, 2018, inclusive, “housing entity administrative cost allowance” means an amount of up to 1 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund on behalf of the successor agency for each applicable fiscal year, but not less than one hundred fifty thousand dollars ($150,000) per fiscal year. +(1) If a local housing authority assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176, then the housing entity administrative cost allowance shall be listed by the successor agency on the Recognized Obligation Payment Schedule. Upon approval of the Recognized Obligation Payment Schedule by the oversight board and the department, the housing entity administrative cost allowance shall be remitted by the successor agency on each January 2 and July 1 to the local housing authority that assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176. +(2) If there are insufficient moneys in the Redevelopment Obligations Retirement Fund in a given fiscal year to make the payment authorized by this subdivision, the unfunded amount may be listed on each subsequent Recognized Obligation Payment Schedule until it has been paid in full. In these cases the five-year time limit on the payments shall not apply.","Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies, subject to review by oversight boards, and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law defines “enforceable obligation” for these purposes to generally exclude any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. +The Military Base Reuse Authority Act authorizes the creation of a military base reuse authority to plan, finance, and manage the transition of a military base from military to civilian use, as specified. +This bill would authorize the Department of Finance to find that an agreement between a former redevelopment agency and a joint powers authority that was created to exercise the powers provided by the Military Base Reuse Authority Act is an enforceable obligation.","An act to amend Section 34171 of the Health and Safety Code, relating to redevelopment." +718,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 69432.9 of the Education Code is amended to read: +69432.9. +(a) A Cal Grant applicant shall submit a complete official financial aid application pursuant to Section 69433 and applicable regulations adopted by the commission. Each pupil enrolled in grade 12 in a California public school, including a charter school, other than pupils who opt out as provided in subdivision (d), shall be deemed to be a Cal Grant applicant. +(b) Financial need shall be determined to establish an applicant’s initial eligibility for a Cal Grant award and a renewing recipient’s continued eligibility using the federal financial need methodology pursuant to subdivision (a) of Section 69506 and applicable regulations adopted by the commission, and as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Secs. 1070 et seq.). +(1) “Expected family contribution,” with respect to an applicant or renewing recipient, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Secs. 1070 et seq.)) and applicable rules and regulations adopted by the commission. +(2) “Financial need” means the difference between the student’s cost of attendance as determined by the commission and the expected family contribution. The calculation of financial need shall be consistent with Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Secs. 1070 et seq.). +(3) (A) The minimum financial need required for receipt of an initial and renewal Cal Grant A or C award shall be no less than the maximum annual award value for the applicable institution, plus an additional one thousand five hundred dollars ($1,500) of financial need. +(B) The minimum financial need required for receipt of an initial and renewal Cal Grant B award shall be no less than seven hundred dollars ($700). +(c) (1) The commission shall require that a grade point average be submitted to it for all Cal Grant A and B applicants, except for those permitted to provide test scores in lieu of a grade point average. +(2) The commission shall require that a grade point average be submitted to it electronically on a standardized form for all grade 12 pupils at public schools, including charter schools, each academic year, except for pupils who have opted out as provided in subdivision (d). Social security numbers shall not be included in the information submitted to the commission. However, if the commission determines that a social security number is required to complete the application for financial aid, the school, school district, or charter school may obtain permission from the parent or guardian of the pupil, or the pupil, if he or she is 18 years of age, to submit the pupil’s social security number to the commission. +(3) The commission shall require that each report of a grade point average include a certification, executed under penalty of perjury, by a school official, that the grade point average reported is accurately reported. The certification shall include a statement that it is subject to review by the commission or its designee. +(4) The commission shall adopt regulations that establish a grace period for receipt of the grade point average and any appropriate corrections, and that set forth the circumstances under which a student may submit a specified test score designated by the commission, by regulation, in lieu of submitting a qualifying grade point average. +(5) It is the intent of the Legislature that high schools and institutions of higher education certify the grade point averages of their students in time to meet the application deadlines imposed by this chapter. +(6) It is the intent of the Legislature that the commission make available to each high school and school district a report identifying all grade 12 pupils within the high school or school district, respectively, who have and have not completed the Free Application for Federal Student Aid or the California Dream Act Application. +(d) (1) The school district or charter school shall, no later than October 15 of a pupil’s grade 12 academic year, notify, in writing, each grade 12 pupil and, for a pupil under 18 years of age, his or her parent or guardian that, pursuant to subdivision (a), the pupil will be deemed a Cal Grant applicant unless the pupil opts out within a period of time specified in the notice, which shall not be less than 30 days. The required notice shall indicate when the school will first send grade point averages to the commission. The school district or charter school shall provide an opportunity for the pupil to opt out of being automatically deemed a Cal Grant applicant. +(2) Until a pupil turns 18 years of age, only a parent or guardian may opt the pupil out. Once a pupil turns 18 years of age, only the pupil may opt himself or herself out and, if prior to the conclusion of the notice period, the pupil may opt in over the prior decision of a parent or guardian to opt out. +SEC. 2. +Section 69432.92 is added to the Education Code, to read: +69432.92. +(a) The commission may require verification of high school graduation or its equivalent to be electronically submitted for all former grade 12 pupils who graduated from public schools, including charter schools, in the prior academic year, except for pupils who have opted out as provided in subdivision (d) of Section 69432.9. +(b) It is the intent of the Legislature that high schools or high school districts verify the graduation of their pupils in time to meet the deadlines imposed by subdivision (e) of Section 69433.9. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","The Cal Grant Program establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C award, and the Cal Grant T award under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. As part of these eligibility requirements, existing law requires the commission to require that a grade point average be submitted to it electronically for all grade 12 pupils at public schools, including charter schools, each academic year, except as specified. +This bill would require this electronic submission to be on a standardized form. The bill would also authorize the commission to require that verification of high school graduation or its equivalent be electronically submitted for all former grade 12 pupils who graduated from public schools, including charter schools, in the prior academic year, except for pupils who have opted out, as specified. By requiring the electronic submission of grade point average information to be on a standardized form, and authorizing the commission to additionally require verification of graduation information of prior grade 12 pupils, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 69432.9 of, and to add Section 69432.92 to, the Education Code, relating to student financial aid." +719,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Whereas, on May 23, 2011, the United States Supreme Court ordered California to reduce its prison population to 137.5 percent of design capacity within two years from the date of its ruling. +(b) As of December 10, 2014, the prison population was at 140 percent of design capacity, exceeding the final February 2016 population cap by approximately 2,104 inmates. +(c) The 2011 Public Safety Realignment, addressing public safety and, in an effort to reduce California’s prison population, shifted to counties the responsibility for monitoring, tracking, and incarcerating lower level offenders previously sent to state prison. By mid-2013, more than 100,000 offenders had been diverted to county supervision instead of going to state prisons. +(d) On November 4, 2014, the voters of California passed Proposition 47, which requires misdemeanor rather than felony sentencing for certain property and drug crimes and permits inmates previously sentenced for these reclassified crimes to petition for resentencing. As of December 4, 2014, 132 inmates had been resentenced and released from prison. Under this proposition, it is estimated that the 2015–16 institution average daily population will be reduced by approximately 1,900 inmates as a result of resentencing and the reduction in new admissions. +(e) Research shows that formerly incarcerated individuals do better and remain out of prison longer when they have training and a job with advancement opportunities. Obtaining quality jobs, however, is not realistic for many incarcerated individuals without additional training education. Workforce training opportunities to men and women reentering our communities ensures that they gain training and education, job readiness skills, and job placement assistance required for securing necessary employment after being released from prison. This would lower repeat offenses, and ultimately, the number of people incarcerated, as a number of studies have proven that people are less likely to offend or recidivate if they are gainfully employed. +(f) Investing in services and supports for the reentry population is also consistent with statewide workforce goals. California’s Strategic Workforce Development Plan 2013–2017 includes the goal of providing access to quality employment services for formally incarcerated individuals as an overarching priority for the State Workforce Investment Board. +SEC. 2. +Section 1234.2 of the Penal Code is amended to read: +1234.2. +The State WIB shall administer the grant program as follows: +(a) Develop criteria for the selection of grant recipients through a public application process, including, but not limited to, the rating and ranking of applications that meet the threshold criteria set forth in this section. +(b) Design the grant program application process to ensure all of the following occurs: +(1) Outreach and technical assistance is made available to eligible applicants, especially to small population and rural counties. +(2) Grants are awarded on a competitive basis. +(3) Small and rural counties are competitive in applying for funds. +(4) Applicants are encouraged to develop evidence-based, best practices for serving the workforce training and education needs of the supervised population. +(5) The education and training needs of one or both of the following are addressed: +(A) Individuals with some postsecondary education who can enter into programs and benefit from services that result in certifications, and placement on a middle skill career ladder. +(B) Individuals who require basic education as well as training in order to obtain entry level jobs where there are opportunities for career advancement. +SEC. 3. +Section 1234.3 of the Penal Code is amended to read: +1234.3. +(a) The grant program shall be competitively awarded through at least two rounds of funding, with the first phase of funding being awarded on or before May 1, 2015. +(b) Each county is eligible to apply, and a single application may include multiple counties applying jointly. Each application shall include a partnership agreement between the county or counties and one or more local workforce investment boards that outline the actions each party agrees to undertake as part of the project proposed in the application. +(c) At a minimum, each project proposed in the application shall include a provision for an education and training assessment for each individual of the supervised population who participates in the project. The assessment may be undertaken by the applicant or by another entity. A prior assessment of an individual may be used if, in the determination of the State WIB, its results are accurate. The State WIB may delegate the responsibility for determining the sufficiency of a prior assessment to one or more local workforce investment boards. +(d) Eligible uses of grant funds include, but are not limited to, vocational training, stipends for trainees, and apprenticeship opportunities for the supervised population. Supportive services and job readiness activities shall serve as bridge activities that lead to enrollment in long-term training programs. +(e) Preference shall be awarded to applications for the following: +(1) An application that proposes matching funds, including, but not limited to, moneys committed by local workforce investment boards, local governments, and private foundation funds. +(2) An application submitted by a county that currently administers or participates in a workforce training program for the supervised population. +(3) An application that proposes participation by one or more nonprofit community-based organizations that serve the supervised population. +(f) An application shall meet the following requirements: +(1) Set a specific purpose for the use of the grant funds, as well as provide the baseline criteria and metrics by which the overall success of the grant project can be evaluated. +(2) Define the specific subset of the supervised population, among the eligible supervised population that the grant money will serve. +(3) Define the industry sector or sectors in which the targeted supervised population will be trained, including the current and projected workforce within the region for those jobs, the range of wage rates, and the training and education requirements within those industry sectors. +(4) Define the general methodology and training methods proposed to be used and explain the manner in which the progress of the targeted supervised population will be monitored during the grant period. +(g) As a condition of receiving funds, a grant recipient shall agree to provide information to the State WIB in sufficient detail to allow the State WIB to meet the reporting requirements in Section 1234.4. +SEC. 4. +Section 1234.4 of the Penal Code is amended to read: +1234.4. +(a) On at least an annual basis, and upon completion of the grant period, grant recipients shall report to the State WIB regarding their use of the funds and workforce training program outcomes. +(b) By January 1, 2018, the State WIB shall submit a report to the Legislature using the reports from the grant recipients. The report shall contain all the following information: +(1) The overall success of the grant program, based on the goals and metrics set in the awarded grants. +(2) An evaluation of the effectiveness of the grant program based on the goals and metrics set in the awarded grants. +(3) A recommendation on the long-term viability of local workforce investment board and county collaborations on workforce training programs for the supervised population. +(4) A recommendation on the long-term viability of county workforce training programs for the supervised population. +(5) In considering the overall success and effectiveness of the grant program, the report shall include a discussion of all of the following: +(A) The education and workforce readiness of the supervised population at the time individual participants entered the program and how this impacted the types of services needed and offered. +(B) Whether the programs aligned with the workforce needs of high-demand sectors of the state and regional economies. +(C) Whether there was an active job market for the skills being developed where the member of the supervised population was likely to be released. +(D) Whether the program increased the number of members of the supervised population that obtained a marketable and industry or apprenticeship board-recognized certification, credential, or degree. +(E) Whether the program increased the numbers of the supervised population that successfully complete a job readiness basic skill bridge program and enroll in a long-term training program. +(F) Whether there were formal or informal networks in the field that support finding employment upon release from custody. +(G) Whether the program led to employment in occupations with a livable wage. +(H) Whether the metrics used to evaluate the individual grants were sufficiently aligned with the objectives of the program. +(c) (1) The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. +(2) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. +SEC. 5. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to provide cost savings to the state by making the grant program operate more efficiently as soon as possible, it is necessary that this act take effect immediately.","Existing law establishes the California Workforce Investment Board (State WIB) to assist the Governor in the development, oversight, and improvement of the state workforce investment system and the alignment of the education and workforce systems, as specified. Existing law also establishes local workforce investment boards to assist in the planning, oversight, and evaluation of local workforce investment. +Existing law establishes the Supervised Population Workforce Training Grant Program to be administered by the State WIB. The program awards grants on a competitive basis to counties that propose a project that provides, at a minimum, an education and training assessment for persons who are on probation, mandatory supervision, or postrelease community supervision and are supervised by, or under the jurisdiction of, a county. Existing law establishes criteria for the grant program, including that the education and training needs of both individuals who have some postsecondary education, and those who require basic education and training, are addressed. Existing law requires each project proposed in the application for a grant to include a provision for an education and training assessment for each individual of the supervised population who participates in the project, and provides that a prior assessment of an individual may be used if, in the determination of the State WIB, its results are accurate. Existing law requires grant recipients to report to the State WIB, at least annually and upon completion of the grant period, regarding their use of the funds and workforce training program outcomes. Existing law requires, by January 1, 2018, the State WIB to submit a report to the Legislature using the reports from the grant recipients, and requires the report to contain specified information. +This bill would revise the criteria for the grant program by authorizing a grant applicant to address the education and training needs of individuals who have some postsecondary education, or individuals who require basic education and training, or individuals in both categories. The bill would authorize the State WIB to delegate the responsibility for determining the sufficiency of a prior assessment to one or more local workforce investment boards. The bill would also require the report to the Legislature to include a discussion of the education and workforce readiness of the supervised population at the time individual participants entered the program and how this impacted the types of services needed and offered, and whether the metrics used to evaluate the individual grants were sufficiently aligned with the objectives of the program. The bill would also include a statement of legislative findings and declarations. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 1234.2, 1234.3, and 1234.4 of the Penal Code, relating to public safety, and declaring the urgency thereof, to take effect immediately." +720,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) Residential and commercial buildings and the systems and equipment within them were responsible for 69 percent of all electricity consumption in California in 2013, the equivalent output of 70 500-megawatt powerplants. Under the 2000–13 historical growth trends, this is projected to increase to the equivalent of 79 powerplants by 2030. The electric power sector is the second largest source of greenhouse gas emissions in California after transportation, comprising 21 percent of the state’s total emissions. +(2) Plug-in equipment is responsible for two-thirds of electricity consumption in residential buildings and a significant share of electricity consumption in office buildings. This electricity consumption is increasing rapidly, indicating that current plug-in equipment efficiency policy efforts are outpaced by the growth in the number of electronic devices and their electricity consumption, jeopardizing California’s ability to meet its energy and climate goals. +(3) Cost-effective technologies such as those used in mobile electronic devices already exist to significantly reduce the electricity consumption of plug-in equipment, but are not used in the majority of plug-in electronic devices. +(4) California has set ambitious goals for renewable energy and energy efficiency in the envelope, major systems, and lighting of buildings, but does not have quantified goals for a category that now represents two-thirds of the electricity consumption in the state’s residential buildings and a significant share of the electricity consumption in commercial buildings. +(5) Market barriers, such as a lack of consumer awareness and information on product lifetime energy costs, and split incentives between manufacturers who make product design decisions and consumers who pay the electricity bill, give efficiency programs and standards a critical role in realizing the economic potential for energy efficiency in plug-in equipment. +(6) Challenges with the evaluation and the attribution of program savings to utilities and program implementers, as well as the focus on short-term savings, are limiting the effective use of these programs to capture energy-saving opportunities that require upfront investment to yield large future savings through market transformation. +(7) The State Energy Resources Conservation and Development Commission and the Public Utilities Commission have set a goal to achieve zero net energy for all new residential buildings by 2020 and for all new, and a substantial proportion of existing, commercial buildings by 2030. +(8) The Legislature supports the zero net energy goals of the State Energy Resources Conservation and Development Commission and the Public Utilities Commission as a key strategy to decarbonize the California economy. +(9) Plug-in equipment electricity consumption may not be fully accounted for in zero net energy models, leading to buildings designed and certified as zero net energy not necessarily achieving zero net energy in real-world operation when occupants bring in typical plug-in equipment. +(b) It is the intent of the Legislature to ensure that, in support of the state’s climate and energy goals, plug-in equipment energy consumption is reduced where technologically feasible and cost effective. +SEC. 2. +Section 25327 is added to the Public Resources Code, to read: +25327. +(a) (1) For purposes of this subdivision “HVAC” means heating, ventilation, and air conditioning. +(2) For the purposes of this section, except as provided in paragraph (3), “plug-in equipment” means an electrical device that plugs into a power outlet, including, but not limited to, household appliances, electronic products, miscellaneous electrical loads, portable and other plug-in HVAC equipment, and commercial plug-in appliances. +(3) “Plug-in equipment” does not include the following: +(A) Non-plug-in HVAC, including split, packaged, or built-up HVAC equipment that is typically installed by an HVAC contractor. +(B) Lighting, whether built in or portable. +(C) Infrastructure loads wired directly to the building electrical system, such as ground-fault circuit interrupter (GFCI) breakers and outlets, wired smoke or carbon monoxide detectors, and lighting switches. +(D) Electric vehicles. +(4) For purposes of this subdivision, power outlets include line outlets, such as 110-volt alternating current (AC) and other emerging power delivery mechanisms, including Universal Serial Bus (USB), Power over Ethernet (PoE), and 24-volt direct current (VDC). +(b) The commission shall, in collaboration with the Public Utilities Commission, do all of the following: +(1) Conduct an analysis of plug-in equipment electricity consumption, including appliances, electronics, and miscellaneous electric loads, to assess current use and trends. The commission shall draw on existing data and already-funded studies where appropriate to limit costs and reduce the time required to complete the analysis. The analysis shall focus on the top 80 percent of plug-in equipment average annual electricity consumption. +(2) Before January 1, 2018, set statewide, long-term energy efficiency targets +for +to reduce +the +amount of +electricity consumed by plug-in equipment. +(3) Develop an implementation plan, in consultation with stakeholders, including equipment manufacturers and retailers, to achieve the targets +set forth in +established under +paragraph (2). The implementation plan shall meet all of the following requirements: +(A) Be comprised of a complementary portfolio of techniques, applications, and practices that may include, but need not be limited to: revising existing, and setting new, appliance efficiency standards; working with federal government agencies to revise existing, and implement new, federal standards; implementing incentive programs, appliance early replacement rebate programs that link purchase and disposal rebates, and upstream market transformation programs; expanding research and development; and public outreach and education efforts. +(B) Consider costs and ratepayer protections, consistent with Section 25000.1. +(C) Use an accurate cost-effectiveness methodology for assessing the long-term value of efficiency savings and ensure that benefits outweigh costs to ratepayers. +(4) Track the progress of the implementation plan in meeting the targets annually through the Electricity Supply Analysis Division of the commission and the Energy Division of the Public Utilities Commission. +(5) Revise the implementation plan and priorities in consultation with stakeholders. +(6) Update the implementation plan, as a part of the integrated energy policy report required pursuant to Section 25302, with a report on the progress toward meeting the targets through the tracking required pursuant to paragraph (4). +(c) The Public Utilities Commission shall, in collaboration with the commission, work with stakeholders, including equipment manufacturers, equipment retailers, and electric utilities, to address challenges that may limit or inhibit the achievement of the targets set forth in paragraph (2) of subdivision (b), including, but not limited to, the evaluation and attribution of energy savings and the enabling of market transformation programs.","Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission), on a biennial basis, to conduct assessments and forecasts of all aspects of energy industry supply, production, transportation, delivery, and distribution. Existing law requires the Energy Commission, beginning November 1, 2003, and biennially thereafter, to adopt an integrated energy policy report containing an overview of major energy trends and issues facing the state. +Under existing law, the Public Utilities Commission has regulatory jurisdiction over the public utilities, including electrical corporations. +This bill would require the Energy Commission, in collaboration with the Public Utilities Commission, to conduct an analysis of plug-in equipment electricity consumption, as specified, and set statewide, long-term energy efficiency targets +for +to reduce +the +amount of +electricity consumed by plug-in equipment. The bill would require the Energy Commission, in collaboration with the Public Utilities Commission, to develop, track the progress of, revise, and update an implementation plan to achieve those targets, as specified. The bill would require the Public Utilities Commission, in collaboration with the Energy Commission, to work with stakeholders to address challenges to the achievement of those targets.","An act to add Section 25327 to the Public Resources Code, relating to energy." +721,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 44664.5 is added to the Education Code, to read: +44664.5. +(a) The superintendent of a school district shall make available to the public, and post on the Internet Web site of the school district, if it has one, all of the following: +(1) An easily understandable explanation of how the evaluation of certificated teaching staff is conducted, including, but not limited to, all blank evaluation forms, all procedures to be used for the evaluation of certificated teachers contained in the current collective bargaining agreement, how evaluations include the progress of pupils toward the locally adopted standards of expected pupil achievement at each grade level in each area of study, and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments. +(2) Whether or not the school district has adopted an evaluation system for school principals, and how it compares to the standards set forth in Sections 44670 and 44671. +(b) A county superintendent of schools shall make available to the public, and post on the Internet Web site of the county office of education, if it has one, all of the following: +(1) An easily understandable explanation of how the evaluation of certificated teaching staff is conducted, including, but not limited to, all blank evaluation forms, all procedures to be used for the evaluation of certificated teachers contained in the current collective bargaining agreement, how evaluations include the progress of pupils toward the locally adopted standards of expected pupil achievement at each grade level in each area of study, and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments. +(2) Whether or not the county office of education has adopted an evaluation system for school principals, and how it compares to the standards set forth in Sections 44670 and 44671. +SEC. 2. +Section 52061 of the +Education Code +is amended to read: +52061. +(a)On or before July 1, 2015, and each year thereafter, a school district shall update the local control and accountability plan. The annual update shall be developed using a template developed pursuant to Section 52064 and shall include all of the following: +(1)A review of any changes in the applicability of the goals described in paragraph (1) of subdivision (c) of Section 52060. +(2)A review of the progress toward the goals included in the existing local control and accountability plan, an assessment of the effectiveness of the specific actions described in the existing local control and accountability plan toward achieving the goals, and a description of changes to the specific actions the school district will make as a result of the review and assessment. +(3)A listing and description of the expenditures at the school district level and by schoolsite for the fiscal year implementing the specific actions included in the local control and accountability plan and the changes to the specific actions made as a result of the reviews and assessment required by paragraphs (1) and (2). +(4)A listing and description of expenditures at the school district level and by schoolsite for the fiscal year that will serve the pupils to whom one or more of the definitions in Section 42238.01 apply and pupils redesignated as fluent English proficient. +(b)The expenditures identified in subdivision (a) shall be classified using the California School Accounting Manual pursuant to Section 41010. +SEC. 3. +Section 52067 of the +Education Code +is amended to read: +52067. +(a)On or before July 1, 2015, and each year thereafter, a county board of education shall update the local control and accountability plan. The annual update shall be developed using a template developed pursuant to Section 52064 and shall include all of the following: +(1)A review of any changes in the applicability of the goals described in paragraph (1) of subdivision (c) of Section 52066. +(2)A review of the progress toward the goals included in the existing local control and accountability plan, an assessment of the effectiveness of the specific actions described in the existing local control and accountability plan toward achieving the goals, and a description of changes to the specific actions the county office of education will make as a result of the review and assessment. +(3)A listing and description of the expenditures at the county level and by schoolsite for the fiscal year implementing the specific actions included in the local control and accountability plan as a result of the reviews and assessment required by paragraphs (1) and (2). +(4)A listing and description of expenditures at the county level and by schoolsite for the fiscal year that will serve the pupils to whom one or more of the definitions in Section 42238.01 apply and pupils redesignated as fluent English proficient. +(b)The expenditures identified in subdivision (a) shall be classified using the California School Accounting Manual pursuant to Section 41010. +SEC. 4. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law required, on or before July 1, 2014, the governing boards of school districts and county boards of education to adopt a local control and accountability plan using a template adopted by the State Board of Education. Existing law requires the governing board of each school district and each county board of education to update its local control and accountability plan before July 1 of each year. Existing law requires an update to include, among other things, a listing and description of the expenditures for the fiscal year, as specified. +This bill would instead require that the annual update to a school district’s local control and accountability plan include a listing and description of the expenditures at the school district level and by schoolsite for the fiscal year, as specified. The bill would also require that the annual update to a county board of education’s local control and accountability plan include a listing and description of the expenditures at the county level and by schoolsite for the fiscal year, as specified. By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program. +(2) +(1) +Existing law requires the governing board of each school district to establish standards of expected pupil achievement at each grade level in each area of study and to evaluate and assess certificated employee performance on a continuing basis as it reasonably relates to the progress of pupils toward the established standards and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments, the instructional techniques and strategies used by the employee, the employee’s adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment, within the scope of the employee’s responsibilities. +This bill would require the superintendent of a school district and a county superintendent of schools to make available to the public, and post on its Internet Web site, if it has one, specified information relating to the evaluation of teachers and principals. By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program. +(3) +(2) +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to +amend Sections 52061 and 52067 of, and +add Section 44664.5 +to, +to +the Education Code, relating to school accountability." +722,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 41821.5 of the Public Resources Code is amended to read: +41821.5. +(a) Disposal facility operators shall submit information on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility to the department, and to counties that request the information, in a form prescribed by the department. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility. +(b) (1) Recycling and composting operations and facilities shall submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside of the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state. +(2) Exporters, brokers, self-haulers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. The department shall develop regulations implementing this section that define “self-hauler” to include, at a minimum, a person or entity that generates and transports, utilizing its own employees and equipment, more than one cubic yard per week of its own food waste to a location or facility that is not owned and operated by that person or entity. +(3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information. +(c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following: +(1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7. +(2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016. +(d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues. +(e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues. +(f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article. +(g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). +(2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entity’s geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises. +(3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time. +(4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976. +(5) For purposes of this subdivision, “disposal” and “disposal facility” have the same meanings as prescribed by Sections 40120.1 and 40121, respectively. +(6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015. +(7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department. +(h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department. +(i) All records provided in accordance with this section shall be subject to Section 40062.","The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law requires exporters, brokers, and transporters of recyclables or compost to submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. +This bill would additionally require a self-hauler to submit that information to the department and would require the department to develop regulations that define “self-hauler” to include specified persons and entities.","An act to amend Section 41821.5 of the Public Resources Code, relating to solid waste." +723,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17204 of the Business and Professions Code is amended to read: +17204. +Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys +Actions for relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or a district attorney or by a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or by a city attorney of a city having a population in excess of +750,000, +250,000, +or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person who has suffered injury in fact and has lost money or property as a result of the unfair competition. +SEC. 2. +Section 17206 of the Business and Professions Code is amended to read: +17206. +Civil Penalty for Violation of Chapter +(a) Any person who engages, has engaged, or proposes to engage in unfair competition shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, by any county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, by any city attorney of a city having a population in excess of +750,000, +250,000, +by any city attorney of any city and county, or, with the consent of the district attorney, by a city prosecutor in any city having a full-time city prosecutor, in any court of competent jurisdiction. +(b) The court shall impose a civil penalty for each violation of this chapter. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. +(c) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. Except as provided in subdivision (e), if the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered. The aforementioned funds shall be for the exclusive use by the Attorney General, the district attorney, the county counsel, and the city attorney for the enforcement of consumer protection laws. +(d) The Unfair Competition Law Fund is hereby created as a special account within the General Fund in the State Treasury. The portion of penalties that is payable to the General Fund or to the Treasurer recovered by the Attorney General from an action or settlement of a claim made by the Attorney General pursuant to this chapter or Chapter 1 (commencing with Section 17500) of Part 3 shall be deposited into this fund. Moneys in this fund, upon appropriation by the Legislature, shall be used by the Attorney General to support investigations and prosecutions of California’s consumer protection laws, including implementation of judgments obtained from such prosecutions or investigations and other activities which are in furtherance of this chapter or Chapter 1 (commencing with Section 17500) of Part 3. Notwithstanding Section 13340 of the Government Code, any civil penalties deposited in the fund pursuant to the National Mortgage Settlement, as provided in Section 12531 of the Government Code, are continuously appropriated to the Department of Justice for the purpose of offsetting General Fund costs incurred by the Department of Justice. +(e) If the action is brought at the request of a board within the Department of Consumer Affairs or a local consumer affairs agency, the court shall determine the reasonable expenses incurred by the board or local agency in the investigation and prosecution of the action. +Before any penalty collected is paid out pursuant to subdivision (c), the amount of any reasonable expenses incurred by the board shall be paid to the Treasurer for deposit in the special fund of the board described in Section 205. If the board has no such special fund, the moneys shall be paid to the Treasurer. The amount of any reasonable expenses incurred by a local consumer affairs agency shall be paid to the general fund of the municipality or county that funds the local agency. +(f) If the action is brought by a city attorney of a city and county, the entire amount of the penalty collected shall be paid to the treasurer of the city and county in which the judgment was entered for the exclusive use by the city attorney for the enforcement of consumer protection laws. However, if the action is brought by a city attorney of a city and county for the purposes of civil enforcement pursuant to Section 17980 of the Health and Safety Code or Article 3 (commencing with Section 11570) of Chapter 10 of Division 10 of the Health and Safety Code, either the penalty collected shall be paid entirely to the treasurer of the city and county in which the judgment was entered or, upon the request of the city attorney, the court may order that up to one-half of the penalty, under court supervision and approval, be paid for the purpose of restoring, maintaining, or enhancing the premises that were the subject of the action, and that the balance of the penalty be paid to the treasurer of the city and county. +SECTION 1. +Section 66499.7 of the +Government Code +is amended to read: +66499.7. +The security furnished by the subdivider shall be released in whole or in part in the following manner: +(a)Security given for faithful performance of any act or agreement shall be released upon the performance of the act or final completion and acceptance of the required work. The legislative body may provide for the partial release of the security upon the partial performance of the act or the acceptance of the work as it progresses, consistent with the provisions of this section. The security may be a surety bond, a cash deposit, a letter of credit, escrow account, or other form of performance guarantee required as security by the legislative body that meets the requirements as acceptable security pursuant to law. If the security furnished by the subdivider is a documentary evidence of security such as a surety bond or a letter of credit, the legislative body shall release the documentary evidence and return the original to the issuer upon performance of the act or final completion and acceptance of the required work. In the event that the legislative body is unable to return the original documentary evidence to the issuer, the security shall be released by written notice sent by certified mail to the subdivider and issuer of the documentary evidence within 30 days of the acceptance of the work. The written notice shall contain a statement that the work for which the security was furnished has been performed or completed and accepted by the legislative body, a description of the project subject to the documentary evidence and the notarized signature of the authorized representative of the legislative body. +(b)At the time that the subdivider believes that the obligation to perform the work for which security was required is complete, the subdivider may notify the local agency in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the local agency shall have 45 days to review and comment or approve the completion of the required work. If the local agency does not agree that all work has been completed in accordance with the plans and specifications for the improvements, it shall supply a list of all remaining work to be completed. +(c)Within 45 days of receipt of the list of remaining work from the local agency, the subdivider may then provide cost estimates for all remaining work for review and approval by the local agency. Upon receipt of the cost estimates, the local agency shall then have 45 days to review, comment, and approve, modify, or disapprove those cost estimates. No local agency shall be required to engage in this process of partial release more than once between the start of work and completion and acceptance of all work; however, nothing in this section prohibits a local agency from allowing for a partial release as it otherwise deems appropriate. +(d)If the local agency approves the cost estimate, the local agency shall release all performance security except for security in an amount up to 200 percent of the cost estimate of the remaining work. The process allowing for a partial release of performance security shall occur when the cost estimate of the remaining work does not exceed 20 percent of the total original performance security unless the local agency allows for a release at an earlier time. Substitute bonds or other security may be used as a replacement for the performance security, subject to the approval of the local agency. If substitute bonds or other security is used as a replacement for the performance security released, the release shall not be effective unless and until the local agency receives and approves that form of replacement security. A reduction in the performance security, authorized under this section, is not, and shall not be deemed to be, an acceptance by the local agency of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the subdivider until all required public improvements have been accepted by the local agency and all other required improvements have been fully completed in accordance with the plans and specifications for the improvements. +(e)The subdivider shall complete the works of improvement until all remaining items are accepted by the local agency. +(f)Upon the completion of the improvements, the subdivider, or his or her assigns, shall be notified in writing by the local agency within 45 days. +(g)Within 45 days of the issuance of the notification by the local agency, the release of any remaining performance security shall be placed upon the agenda of the legislative body of the local agency for approval of the release of any remaining performance security. If the local agency delegates authority for the release of performance security to a public official or other employee, any remaining performance security shall be released within 60 days of the issuance of the written statement of completion. +(h)Security securing the payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant to Article 2 (commencing with Section 8410) of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code and after acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the legislative body, and if no claims have been recorded, the security shall be released in full. +(i)The release shall not apply to any required guarantee and warranty period required by Section 66499.9 for the guarantee or warranty nor to the amount of the security deemed necessary by the local agency for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorney’s fees. +(j)The legislative body may authorize any of its public officers or employees to authorize release or reduction of the security in accordance with the conditions hereinabove set forth and in accordance with any rules that it may prescribe. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law defines unfair competition to include an unlawful, unfair, or fraudulent business act or practice, unfair, deceptive, untrue, or misleading advertising, and any false representations to the public. Existing law, as amended by Proposition 64 at the November 2, 2004, statewide general election, authorizes an action for relief from this prohibited conduct to be brought by, among others, a person who has suffered injury in fact and has lost money or property as a result of the unfair competition. Existing law also authorizes an action for relief from this prohibited conduct and for civil penalties to be brought by a city attorney of a city having a population in excess of 750,000. +This bill would expand this authorization to allow actions for relief and civil penalties by city attorneys of cities having a population in excess of 250,000, as provided. +The Subdivision Map Act and local ordinances authorize or require, under specified circumstances, the furnishing of specified types of security with respect to the performance of various acts or agreements subject to the act. Existing law, until January 1, 2016, also sets forth the specific procedures imposed on a local agency for the complete or partial release of a performance security furnished by a subdivider. +This bill would delete the repeal of the provisions relating to the procedures for releasing a performance security, thereby extending the operation of these provisions indefinitely and imposing a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 66499.7 of the Government Code, relating to subdivided lands. +An act to amend Sections 17204 and 17206 of the Business and Professions Code, relating to unfair competition." +724,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17550.15 of the Business and Professions Code is amended to read: +17550.15. +(a) This section applies to a seller of travel as defined in Section 17550.1. +(b) The seller of travel shall deposit directly into a trust account in a federally insured bank, savings and loan association, or credit union 100 percent of all sums received from any person or entity, including, but not limited to, those payments made in cash, by credit card, or any other method of payment, for air or sea transportation for any person, or for any travel services offered by the seller of travel, and any refunds made by carriers or providers of travel services. This subdivision does not require that a seller of travel establish a separate trust account for each transaction. +(c) The seller of travel shall not in any manner encumber the corpus of the trust account and shall not withdraw money therefrom except as follows: +(1) In partial or full payment to the carrier for transportation, or to the provider of travel services, for the services or transportation purchased by the passenger. +(2) In partial or full payment to the carrier or provider of travel services if payment is made by wire transfer directly to an account of the Airlines Reporting Corporation, or by check or draft paid to the Airlines Reporting Corporation for the transportation or services contracted for by the passenger. +(3) Upon delivery of all tickets or vouchers necessary for the passenger to obtain from the carrier or provider of travel services the transportation or services purchased by the passenger, at which time the seller of travel may withdraw the portion of the sum paid by the passenger that is due the seller of travel as compensation for sale of the transportation or travel services to that passenger. Tickets or vouchers shall be deemed delivered if personally delivered, turned over to an independent third-party delivery service for regular delivery to the passenger at the address designated by the passenger on the next business day, or deposited in the United States mail with first-class postage prepaid. +(4) Upon full payment to the provider of transportation or travel services, directly to the trust account identified in the registration of another seller of travel to whom the funds are paid, or to another registered seller of travel whose registration states that the other registered seller of travel is exempt pursuant to subdivision (b) or (c) of Section 17550.16 from the requirements of this section, of the total amount that is required by the carrier or provider of transportation or travel services or other registered seller of travel in order to provide the transportation or services purchased by the passenger, at which time the seller of travel may withdraw from the trust account that portion of the sum paid by the passenger which is commission due the seller of travel for sale of the transportation or travel services to that passenger. +(5) To make refunds to the passenger. +(d) Subdivision (c) shall not prevent payment of the interest earned on the trust account to the seller of travel. +(e) The seller of travel shall serve as trustee of the trust accounts required by this article. If an individual person is the seller of travel, the individual person shall be the trustee; if the seller of travel is a corporation, partnership, limited liability company, or other legal entity, a managing partner or partners, or the chief executive officer of the corporation, or executive officer or manager of a limited liability company shall be the trustee. The trustee may designate in writing that an officer or employee may manage the trust account if that officer or employee is under the trustee’s supervision and control, and the original of that writing is on file with the Attorney General’s office. +(f) (1) Except as otherwise provided in this section, all trust accounts required by this article shall be maintained at a branch of a federally insured bank, savings and loan association, or credit union. +(2) The seller of travel shall file with the Attorney General an irrevocable agreement in writing allowing the Attorney General, a district attorney, or their representatives, upon written request, to examine and obtain copies of all business records, including, but not limited to, those related to the trust account wherever those records may be, and including, but not limited to, those records relating to any travel business account, or any account used for any travel business transaction, or account to which trust funds have been deposited. The statement shall indicate that the authorization remains in effect as long as the seller of travel, financial institution, or other custodian of records retains records. +(3) A seller of travel shall maintain all business records described in paragraph (2) for a minimum period of three years. +(4) The Attorney General may maintain an action for recovery of examination costs and expenses in any court of competent jurisdiction, and may recover his or her reasonable costs and attorney’s fees as an item of costs, as provided for in paragraph (10) of subdivision (a) and paragraph (5) of subdivision (c) of Section 1033.5 of the Code of Civil Procedure. Costs and expenses for an examination under this section shall be paid for by the seller of travel if the Attorney General bills the seller of travel for those costs and expenses, provided that the examination shows that the seller of travel has failed to comply with any requirements of this chapter. +(g) Every seller of travel has a fiduciary responsibility with respect to all sums received for transportation or travel services. +(h) The following are deemed to be held in trust for passengers: +(1) All sums received by the seller of travel for transportation or travel services whether or not required to be deposited in an actual trust account and regardless of whether any of these sums were required to be deposited or actually were deposited in a trust account. +(2) All property with which any of the sums described in paragraph (1) has been commingled if any of these sums cannot be identified because of the commingling. +(i) Upon any judicially ordered distribution of any money or property required to be held in trust and after all expenses of distribution approved by the court have been paid, every passenger has a claim on the trust for payments made for transportation and other travel services not provided. Unless a passenger can identify his or her funds in the trust within the time established by the court, each passenger shall receive a proportional share based on the amount paid. +(j) The seller of travel is not required to comply with the direct deposit requirement set forth in subdivision (b) if all of the following apply: +(1) The payment is made by credit card. +(2) The seller of travel does not deposit, negotiate, or factor the credit card charge or otherwise seek or obtain payment of the credit card charge or the crediting of the amount of the credit card charge to any account over which the seller of travel has any control. +(3) (A) If the charge includes transportation, the carrier that is to provide the transportation processes the credit card charge. +(B) If the charge is only for services, the provider of services processes the credit card charge. +(k) In lieu of the trust account required by this article, an adequate bond as set forth in Section 17550.11 may be maintained by the seller of travel. Prior to the advertisement of transportation or services, or both, by the seller of travel, the seller of travel shall file a copy of that bond with the Attorney General. +SEC. 2. +Section 17550.44 of the Business and Professions Code is amended to read: +17550.44. +(a) In addition to the assessments required by Section 17550.43, the Travel Consumer Restitution Corporation shall bill and collect from each participant an annual assessment that in the aggregate shall consist of assessments for the operations fund and the restitution fund. For each participant, the due date of that annual assessment shall be 30 days prior to the annual renewal date for registration pursuant to Section 17550.20 or 45 days after billing, whichever is later. For a participant registering for the first time, the assessments required by Section 17550.43 shall be due 10 days prior to the seller of travel doing business in this state. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the due date specified in this section until the assessment is paid. +(b) The annual assessment for the operations fund shall be determined no later than January 15 of each year for the next fiscal year in an amount that does not exceed the amount necessary to fund the operations and administration of the corporation, based upon the annual operational budget required by subdivision (a) of Section 17550.43, and shall become effective immediately. The annual assessment for the operations fund shall not exceed thirty-five dollars ($35) per year for each location in the state from which a participant does business. +(c) If, as of January 15 of any year, the balance in the restitution fund is less than one million six hundred thousand dollars ($1,600,000), the Travel Consumer Restitution Corporation shall make an assessment of participants, up to a maximum amount of two hundred dollars ($200) for each location in the state from which a participant does business, to bring the restitution fund to an expected balance of one million six hundred thousand dollars ($1,600,000). Every participant’s assessment shall be determined pro rata based upon the ratio of the number of locations in the state from which the participant does business to the total number of locations for all participants as of the preceding December 15. +(d) If, on May 1 or October 15 of any year, the balance in the restitution fund is less than nine hundred thousand dollars ($900,000), the corporation shall make an emergency assessment of participants, not more than twice per year, up to a maximum amount of one hundred fifty dollars ($150) per year for each location in the state from which the participant does business, for deposit in the trust account to return the level of the restitution fund to an expected balance of one million six hundred thousand dollars ($1,600,000). The corporation shall estimate the total cost of billing, collecting, and processing the emergency restitution fund assessment and shall assess and collect, together with the emergency restitution fund assessment, an emergency operations fund assessment that is in the aggregate sufficient to offset the estimated cost. Each participant’s assessments shall be determined pro rata based upon the ratio of the number of locations in the state from which the participant does business to the total number of locations for all participants as of the first day of the preceding month. The board of directors shall adopt rules for the notification of emergency assessments. +(e) In addition to the assessments required by Section 17550.43 and subdivision (d), if at any time during the fiscal year the board of directors of the Travel Consumer Restitution Corporation determines that the operations fund will be insufficient to pay the costs of operations and administration for the current or next fiscal year, the corporation, as determined by the board of directors, shall do either or both of the following: +(1) Make an emergency assessment of participants, not more than once per fiscal year, up to a maximum amount of sixty-five dollars ($65) per year for each location in the state from which a participant does business. The emergency assessment may be billed and collected either on an emergency basis from all participants upon the making of the assessment, or in conjunction with each participant’s annual assessment pursuant to subdivision (a). +(2) Transfer any or all interest earned on the Restitution Fund to the Operations Fund, provided that no transfer results in a restitution fund balance of less than one million two hundred thousand dollars ($1,200,000). +(f) The assessment required by subdivision (d) or (e) shall be due 45 days from the date the bill for that assessment is sent to the seller of travel by the Travel Consumer Restitution Corporation. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the due date specified in this section until the assessment is paid. +(g) The Travel Consumer Restitution Fund shall report to the office of the Attorney General each levy of assessment within 10 business days after the levy.","Existing law regulates sellers of travel, as defined, and requires their registration with the Attorney General. Existing law requires a seller of travel to deposit all sums received from any person or entity for air or sea transportation, or for any travel services offered by the seller of travel, and any refunds made by carries or providers of travel services, into a trust account, as specified. Existing law requires the seller of travel to file with the Attorney General an agreement allowing the Attorney General, a district attorney, or their representative to examine and obtain copies of all business records, including, but not limited to, those related to the trust account. +This bill would require the seller of travel to maintain all business records for a minimum period of 3 years. The bill would authorize the Attorney General to maintain an action for recovery of examination costs and expenses in any court of competent jurisdiction, as specified. The bill would require the seller of travel to pay for costs and expenses for any examination if the Attorney General bills the seller of travel, provided that the examination shows that the seller of travel has failed to comply with certain requirements. +Existing law creates the Travel Consumer Restitution Corporation, which assesses each registered seller of travel for both its operations and restitution funds. Existing law requires certain assessments to be due 45 days from the date the bill for that assessment is mailed. +This bill would instead require those assessments to be due 45 days from the date the bill for that assessment is sent to the seller of travel.","An act to amend Sections 17550.15 and 17550.44 of the Business and Professions Code, relating to sellers of travel." +725,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 398.1 of the Public Utilities Code is amended to read: +398.1. +(a) The Legislature finds and declares that there is a need for reliable, accurate, timely, and consistent information regarding fuel sources for electric generation offered for retail sale in California. +(b) The purpose of this article is to establish a program under which entities offering electric services in California disclose accurate, reliable, and simple to understand information on the sources of energy, and the associated emissions of greenhouse gases, that are used to provide electric services. +SEC. 2. +Section 398.2 of the Public Utilities Code is amended to read: +398.2. +The definitions set forth in this section shall govern the construction of this article. +(a) “Greenhouse gas emissions intensity” means the sum of all annual emissions of greenhouse gases associated with a generation source divided by the annual production of electricity from the generation source. +(b) “Retail supplier” means an entity that offers an electricity product for sale to retail consumers in California, including an electrical corporation, local publicly owned electric utility, electric service provider, and community choice aggregator. +(c) “System operator” means the Independent System Operator with responsibility for the efficient use and reliable operation of the transmission grid, as provided by Section 345, or a local publicly owned electric utility that does not utilize the Independent System Operator. +(d) “Purchases of electricity from specified sources” or “purchases from specified sources” means electricity transactions that are traceable to specific generation sources by any auditable contract trail or equivalent, such as a tradable commodity system, that provides commercial verification that the electricity source claimed has been sold once and only once to a retail consumer. Retail suppliers may rely on annual data to determine whether a transaction meets this definition, rather than hour-by-hour matching of loads and resources. +(e) “Electricity from unspecified sources” means electricity that is not traceable to specific generation sources by any auditable contract trail or equivalent, including a tradable commodity system, that provides commercial verification that the electricity source claimed has been sold once, and only once, to a retail consumer. +SEC. 3. +Section 398.4 of the Public Utilities Code is amended to read: +398.4. +(a) Every retail supplier that makes an offering to sell electricity that is consumed in California shall disclose its electricity sources and the associated greenhouse gases emissions intensity for the previous calendar year. +(b) The disclosures required by this section shall be made to potential end-use consumers in all product-specific written promotional materials that are distributed to consumers by either printed or electronic means, including the retail supplier’s Internet Web site, if one exists, except that advertisements and notices in general circulation media shall not be subject to this requirement. +(c) The disclosures required by this section shall be made annually to end-use consumers of the offered electricity. The annual disclosure shall be made by the end of the first complete billing cycle for the third quarter of the year, and shall be consistent with information provided to the Energy Commission pursuant to Section 398.5. A retail supplier may distribute the disclosures required by this section via email to any end-use consumer that has consented to receive email in lieu of printed materials. +(d) The disclosures required by this section shall be made separately for each portfolio offering made by the retail supplier. +(e) On or before January 1, 1998, the Energy Commission shall specify guidelines for the format and means for disclosure required by Section 398.3 and this section, based on the requirements of this article and subject to public hearing. +(f) The costs of making the disclosures required by this section shall be considered to be generation related. +(g) The disclosures required by this section shall comply with the following: +(1) A retail supplier’s disclosure of its electricity sources shall be expressed as a percentage of annual sales derived from each of the following categories: +(A) Electricity from unspecified sources. +(B) Purchases of electricity from specified sources. +(2) A retail supplier’s disclosure of its electricity sources shall also separately identify total California system electricity, which is the sum of all in-state generation and net electricity imports by fuel type. +(h) Each of the categories specified in subdivision (g) shall be additionally identified as a percentage of annual sales that is derived from the following fuels, sources of energy, or electricity products: +(1) Coal. +(2) Large hydroelectric (greater than 30 megawatts). +(3) Natural gas. +(4) Nuclear. +(5) Eligible renewable energy resources pursuant to the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11)), including any of the following: +(A) Biomass and biowaste. +(B) Geothermal. +(C) Eligible hydroelectric. +(D) Solar. +(E) Wind. +(6) Other categories as determined by the Energy Commission. +(7) The portion of annual sales derived from unbundled renewable energy credits shall be included in the disclosures in a format determined by the Energy Commission. A retail supplier may include additional information related to the sources of the unbundled renewable energy credits. +(i) All electricity sources disclosed as purchases of electricity from specified sources shall meet the requirements of subdivision (d) of Section 398.2. +(j) Purchases of electricity from specified sources identified pursuant to this section shall be from sources connected to the Western Electricity Coordinating Council interconnected grid. +(k) (1) Each retail supplier shall disclose both the greenhouse gas emissions intensity of any electricity portfolio offered to its retail customers and the Energy Commission’s calculation of greenhouse gas emissions intensity associated with all statewide retail electricity sales, consistent with the requirements of this subdivision. +(2) The Energy Commission shall do all of the following: +(A) Adopt a methodology, in consultation with the State Air Resources Board, for the calculation of greenhouse gas emissions intensity for each purchase of electricity by a retail supplier to serve its retail customers. +(B) Calculate the greenhouse gas emissions intensity associated with statewide retail electricity sales based on the greenhouse gas emissions for total California system electricity. +(C) Rely on the most recent verified greenhouse gas emissions data while ensuring that greenhouse gas emissions intensity factors for electricity from specified and unspecified sources are available to retail suppliers with sufficient advance notice to permit timely reporting. +(D) Establish guidelines for adjustments to a greenhouse gas emissions intensity factor for a reporting year for any local publicly owned electric utility demonstrating generation of quantities of electricity in previous years in excess of its total retail sales and wholesale sales from specified sources that do not emit any greenhouse gases. Adjustments authorized by the guidelines established by the Energy Commission shall not permit excess generation procured in a single year to be counted more than once or to be resold to another retail supplier as a specified source. +(E) Ensure that there is no double-counting of the greenhouse gas emissions or emissions attributes associated with any unit of electricity production reported by a retail supplier for any specific generating facility or unspecified source located within the Western Electricity Coordinating Council when calculating greenhouse gas emissions intensity. +(F) (i) On or before January 1, 2018, adopt guidelines, through an open process, subject to public comment, and adopted by a vote of the Energy Commission, for the reporting and disclosure of greenhouse gas emissions intensity associated with retail sales based on the requirements of this subdivision. Beginning June 1, 2020, retail suppliers shall be required to report data on greenhouse gas emissions intensity associated with retail sales occurring after December 31, 2018. +(ii) Any new community choice aggregator formed after January 1, 2016, shall not be required to report data on greenhouse gas emissions intensity associated with retail sales until at least 24 months, but shall be required to report that data no later than 36 months, after serving its first retail customer. +(3) Any marketing or retail product claims relating to the greenhouse gas emissions intensity of the electric supply portfolio of a retail supplier shall be consistent with the methodology adopted by the Energy Commission pursuant to this section. Retail suppliers may provide additional information to customers describing other actions relating to greenhouse gases that are unrelated to the electric supply portfolio. +(l) The provisions of this section shall not apply to generators providing electric service onsite, under an over-the-fence transaction as described in Section 218, or to an affiliate or affiliates, as defined in subdivision (a) of Section 372. +SEC. 4. +Section 398.5 of the Public Utilities Code is amended to read: +398.5. +(a) Retail suppliers shall annually report to the Energy Commission, for each electricity offering for the previous calendar year, each of the following: +(1) The kilowatthours purchased, by generator and fuel type during the previous calendar year, consistent with the meter data, including losses, reported to the system operator. +(2) The kilowatthours purchased from unspecified sources in California and from unspecified sources imported into California from other subregions within the Western Electricity Coordinating Council. +(3) For each electricity offering, the kilowatthours sold at retail. +(4) For each electricity offering, the disclosures made to consumers pursuant to Section 398.4. +(b) Information submitted to the Energy Commission pursuant to this section that is a trade secret as defined in subdivision (d) of Section 3426.1 of the Civil Code shall not be released except in an aggregated form such that trade secrets cannot be discerned. +(c) The Energy Commission shall specify guidelines and standard formats, based on the requirements of this article and subject to public hearing, for the submittal of information pursuant to this article. +(d) In developing the rules and procedures specified in this section, the Energy Commission shall seek to minimize the reporting burden and cost of reporting that it imposes on retail suppliers. +(e) The provisions of this section shall not apply to generators providing electric service onsite, under an over-the-fence transaction as described in Section 218, or to an affiliate or affiliates, as defined in subdivision (a) of Section 372. +(f) The Energy Commission may verify environmental and procurement claims made by retail suppliers. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, entities offering electric services in California are required to disclose information on the sources of energy that are used to provide electric services. Existing law requires every retail supplier, as defined, that makes an offer to sell electricity that is consumed in California to disclose its electricity sources for the previous calendar year. These disclosures are required to be made to end-use consumers and potential end-use consumers. Existing law requires a retail supplier to disclose its electricity sources as a percentage of annual sales that is derived from specified sources of energy, including eligible renewable energy resources. Existing law requires that retail suppliers annually report to the State Energy Resources Conservation and Development Commission (Energy Commission) certain information for each electricity offering from “specified sources,” as defined, for the previous calendar year and authorizes the Energy Commission to verify environmental claims made by retail suppliers. +This bill would, among other things, require the Energy Commission, in consultation with the State Air Resources Board, to adopt a methodology for the calculation of greenhouse gas emissions intensity for each purchase of electricity by a retail supplier to serve its retail customers. The bill would require a retail supplier, including an electrical corporation, local publicly owned electric utility, electric service provider, and community choice aggregator, to also disclose both the greenhouse gases emissions intensity of any electricity portfolio offered to its retail customers, as specified, and the Energy Commission’s calculation of the greenhouse gas emissions intensity associated with all statewide retail electricity sales. The bill would require a retail supplier to annually report to the Energy Commission certain additional information for each electricity offering for the previous calendar year and would authorize the Energy Commission to verify procurement claims, in addition to environmental claims, made by retail suppliers. The bill would require the Energy Commission, on or before January 1, 2018, to adopt guidelines, through an open process, subject to public comment, and adopted by a vote of the Energy Commission, for the reporting and disclosure of greenhouse gas emissions intensity. The bill would require retail suppliers, beginning June 1, 2020, to report data on greenhouse gas emissions intensity associated with retail sales occurring after December 31, 2018, except as provided. +The Public Utilities Act makes any public utility and any corporation other than a public utility guilty of a crime, if the public utility or corporation violates the act or fails to comply with any part of any order, decision, rule, direction, demand, or requirement of the commission. +Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements by an electrical corporation or electric service provider would be a crime, the bill would impose a state-mandated local program by expanding what is a crime. By placing additional reporting duties upon local publicly owned electric utilities, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for specified reasons.","An act to amend Sections 398.1, 398.2, 398.4, and 398.5 of the Public Utilities Code, relating to energy." +726,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 41976 of the Education Code is amended to read: +41976. +(a) For purposes of this chapter, the following classes and courses are authorized to be offered by school districts and county superintendents of schools for apportionment purposes from the adult education fund: +(1) Adult programs in parenting, including +, but not necessarily limited to, +parent cooperative preschools, and classes in child growth and development, parent-child relationships, +and +parenting +, and family literacy education, which may include support to children and school +aged youth with limited English proficiency backgrounds in the households of participating adults +. +(2) Adult programs in elementary and secondary basic skills and other courses and classes required for the high school diploma. Apportionments for these courses and classes may only be generated by students who do not possess a high school diploma, except for remedial academic courses or classes in reading, mathematics, and language arts. +(3) Adult education programs in English as a second language. +(4) Adult education programs for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job specific technical training. +(5) Adult education programs for adults with disabilities. +(6) Adult short-term career technical education programs with high employment potential. Any reference to “vocational” education or programs in adult education means “career technical” education or programs in adult education. +(7) Adult programs for older adults. +(8) Adult education programs for apprentices. +(9) Adult programs in home economics. +(10) Adult programs in health and safety education. +(b) No state apportionment shall be made for any course or class which is not set forth in subdivision (a). +SEC. +2. +Section 84757 of the Education Code is amended to read: +84757. +(a) For purposes of this chapter, the following noncredit courses and classes shall be eligible for funding: +(1) Parenting, including +, but not necessarily limited to, +parent cooperative +preschools, +preschools and +classes in child growth and +development and +development, +parent-child relationships +, and +family literacy education, which may include support to children and school +aged youth with limited English proficiency backgrounds in the households of participating adults +. +(2) Elementary and secondary basic skills and other courses and classes such as remedial academic courses or classes in reading, mathematics, and language arts. +(3) English as a second language. +(4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and work force preparation classes in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training. +(5) Education programs for persons with substantial disabilities. +(6) Short-term vocational programs with high employment potential. +(7) Education programs for older adults. +(8) Education programs for home economics. +(9) Health and safety education. +(b) No state apportionment shall be made for any course or class that is not set forth in subdivision (a) and for which no credit is given. +SEC +. +3. +Section 84830 of the Education Code is amended to read: +84830. +(a) The Chancellor of the California Community Colleges and the State Department of Education shall, pursuant to funding made available in the annual Budget Act, jointly provide two-year planning and implementation grants to regional consortia of community college districts and school districts for the purpose of developing regional plans to better serve the educational needs of adults. +(1) Eligibility shall be limited to consortia consisting of at least one community college district and at least one school district within the boundaries of the community college district, either of which may serve as the consortium’s fiscal agent, as determined by the applicant consortium. +(2) If a community college district chooses not to participate in a consortium, a neighboring community college district may form a consortium with school districts within the boundaries of the nonparticipating community college district. +(3) Consortia may include other entities providing adult education courses, including, but not necessarily limited to, correctional facilities, other local public entities, and community-based organizations. +(b) Grant funds provided pursuant to this section shall be used by each regional consortium to create and implement a plan to better provide adults in its region with all of the following: +(1) Elementary and secondary basic skills, including classes required for a high school diploma or high school equivalency certificate. +(2) Classes and courses for immigrants eligible for educational services in citizenship and English as a second language, and workforce preparation classes in basic skills. +(3) Education programs for adults with disabilities. +(4) Short-term career technical education programs with high employment potential. +(5) Programs for apprentices. +(6) Parenting education, including, but not necessarily limited to, parent cooperative preschools and classes in child growth and development and parent-child relationships, and family literacy education, which may include support to children and schoolaged youth with limited English proficiency backgrounds in the households of participating adults. +(c) (1) The classes and courses described in paragraphs (1) and (2) of subdivision (b) shall distribute basic information on American government and civics that includes, but is not limited to, instruction on all of the following: +(A) Federal, state, and local government. +(B) The three branches of government. +(C) The importance of civic engagement. +(D) Registering to vote. +(2) It is the intent of the Legislature that, consistent with the requirements of Sections 51225.3 and 52555, students enrolled in classes and courses described in paragraphs (1) and (2) of subdivision (b) in which instruction in American government and civics is appropriate shall receive instruction in American government and civics. +(d) Each regional consortium’s plan shall include, at a minimum: +(1) An evaluation of current levels and types of adult education programs within its region, including education for adults in correctional facilities; credit, noncredit, and enhanced noncredit adult education coursework; and programs funded through Title II of the federal Workforce Investment Act of 1998, known as the Adult Education and Family Literacy Act (Public Law 105-220). +(2) An evaluation of current needs for adult education programs within its region. +(3) Plans for parties that make up the consortium to integrate their existing programs and create seamless transitions into postsecondary education or the workforce. +(4) Plans to address the gaps identified pursuant to paragraphs (1) and (2). +(5) Plans to employ approaches proven to accelerate a student’s progress toward his or her academic or career goals, such as contextualized basic skills and career technical education, and other joint programming strategies between adult education and career technical education. +(6) Plans to collaborate in the provision of ongoing professional development opportunities for faculty and other staff to help them achieve greater program integration and improve student outcomes. +(7) Plans to leverage existing regional structures, including, but not necessarily limited to, local workforce investment areas. +(e) The Chancellor of the California Community Colleges and the State Department of Education may identify additional elements that consortia must include in a plan. +(f) (1) On or before March 1, 2014, the Chancellor of the California Community Colleges and the State Department of Education shall submit a joint report to the Legislature and the Governor. This report shall include, but not necessarily be limited to, both of the following: +(A) The status of developing regional consortia across the state, including identification of unserved geographic areas or emerging gaps in regional program delivery. +(B) The status and allocation of grant awards made to regional consortia. +(2) The report shall be submitted to the Legislature as provided in Section 9795 of the Government Code. +(g) (1) On or before March 1, 2015, the Chancellor of the California Community Colleges and the State Department of Education shall submit a joint report to the Legislature and the Governor. This report shall include, but is not limited to, both of the following: +(A) The plans developed by regional consortia across the state. +(B) Recommendations for additional improvements in the delivery system serving adult learners. +(2) The report shall be submitted to the Legislature as provided in Section 9795 of the Government Code. +(h) It is the intent of the Legislature to work toward developing common policies related to adult education affecting adult schools at local educational agencies and community colleges, including policies on fees and funding levels. +(i) It is the intent of the Legislature to provide additional funding in the 2015–16 fiscal year to regional consortia to expand and improve the provision of adult education. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SECTION 1. +It is the intent of the Legislature to enact legislation to provide for both of the following: +(a)That the funding distributed to local educational agencies through adult education consortia as described in Section 84830 of the Education Code continues to be available to pupils who are minors participating in high school credit recovery pursuant to Sections 52500.1 and 52523 of the Education Code. +(b)That no more than 10 percent of the apportionment received by a local educational agency for adult education will be used for pupils in grades 9 to 12, inclusive, as referenced in subdivision (e) of Section 52616.17 of the Education Code.","Existing law requires adult schools and evening high schools to consist of classes for adults. Existing law authorizes minors to be admitted into those classes pursuant to policies adopted by the governing board of the school district if those minors meet certain eligibility requirements. +(1) Existing law authorizes the governing board of a school district maintaining secondary schools to establish and maintain classes for adults, as specified. Existing law authorizes specified classes and courses to be offered by school districts and county superintendents of schools for apportionment purposes from the adult education fund, including, among other subject matters, classes and courses for adult programs in parenting education. +Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law requires specified noncredit community college courses and classes to be eligible for program-based funding from the state, including, among other subject matters, parenting education courses and classes. +This bill would specify that, for the purposes of funding from the adult education fund or from program-based community college funding, as described above, parenting education includes family literacy education, as specified. +Existing +(2) +Existing +law requires the Chancellor of the California Community Colleges and the State Department of Education, pursuant to funding made available in the annual Budget Act, to jointly provide 2-year planning and implementation grants to regional consortia of community college districts and school districts for developing regional plans to better serve the educational needs of adults. +Existing law requires the grant funds provided under this program to be used by each regional consortium to create and implement a plan to better provide adults in its region with all of the following: elementary and secondary basic skills; classes and courses for immigrants eligible for educational services in citizenship and English as a second language, and workforce preparation classes in basic skills; education programs for adults with disabilities; short-term career technical education programs; and programs for apprentices. +This bill would +express the intent of the Legislature to enact legislation to provide for both of the following: that the funding distributed to local educational agencies through adult education consortia, as described, continues to be available to pupils who are minors participating in high school credit recovery pursuant to designated provisions; and that no more than 10% of the apportionment received by a local educational agency for adult education will be used for pupils in grades 9 to 12, inclusive, as specified +additionally require the plan to better provide adults in the region with parenting education, including, but not necessarily limited to, parent cooperative preschools and classes in child growth and development and parent-child relationships, and family literacy education, as specified +. +To the extent that this bill would impose new duties on school districts and community college districts that participate in these regional consortia, it would constitute a state-mandated local program. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act +to amend Sections 41976, 84757, and 84830 of the Education Code, +relating to adult education." +727,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 6.3 (commencing with Section 14197) is added to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, to read: +Article 6.3. California Childhood Immunization Quality Improvement Fund (CCIQIF) Program +14197. +(a) The Legislature finds and declares all of the following: +(1) The +2014—15 +2014–15 +outbreaks of vaccine-preventable diseases threaten the health and safety of the California public. +(2) Only 71 percent of young children in California between the ages of 19 to 35 months are immunized, which is below the national average of 75 percent, according to 2010 data reported by the Kaiser Family Foundation. +(3) In 2013, 39,000 +two year olds +two-year-olds +lacked one or more recommended immunizations, according to the State Department of Health Care Services. +(4) The social and direct economic costs of ensuring each child receives the Centers for Disease Control and Prevention Advisory Committee for Immunization Practices recommended schedule for vaccines far +outweighs +outweigh +the costs of not providing routine immunizations. It is estimated that for every +$1 +one dollar ($1) +spent on vaccinations, as many as +$29 +twenty-nine dollars ($29) +can be saved in direct and indirect costs. +(5) California children are required to be fully vaccinated before they enter kindergarten, with some exceptions. However, there are +no +fewer +official requirements for younger children who are often more susceptible to dire consequences from vaccine-preventable diseases. +(b) It is the intent of the Legislature, by enacting this chapter, to ensure that all possible steps are taken to ensure that +two year old +two-year-old +children who are enrolled in Medi-Cal managed care receive all recommended immunizations. +14197.1. +For purposes of this article, “Medi-Cal managed care plan” means any prepaid health plan or Medi-Cal managed care plan contracting with the department to provide services to enrolled Medi-Cal beneficiaries under this chapter or Chapter 8 (commencing with Section 14200). +14197.2. +(a) The department shall establish and administer the California Childhood Immunization Quality Improvement Fund (CCIQIF) program to improve childhood immunization rates. +(b) (1) The department shall submit an application to the federal Centers for Medicare and Medicaid Services for a waiver or demonstration project to implement the CCIQIF program no later than +120 +270 +days after the operative date of this article. The department shall determine the form of waiver most appropriate to achieve the purposes of this article. +(2) The demonstration project shall operate for a period of five years. +(c) In developing the waiver or demonstration project application, the department shall consult with interested stakeholders, including the Medi-Cal Children’s Health Advisory Panel and the Managed Care Advisory Workgroup. The department shall work with stakeholders to incorporate public comment into the waiver or demonstration project application. +14197.3. +The department shall develop a plan for the collection and expenditure of CCIQIF moneys according to all of the following guidelines: +(a) The CCIQIF program may be financed through voluntary contributions from Medi-Cal managed care plans that shall be used to draw down federal financial participation consistent with federal law. +(b) The department shall allocate 33.3 percent of CCIQIF expenditures +for provider support payments +for use by the department for administrative staff, training, and other resources +to support providers in employing strategies to improve immunization rates in their practices, which may include patient reminders, promotion of colocation vaccination delivery with other services, and other strategies as specified by the department after consideration of public comment. +The funds shall also be used to pay for the department’s staffing and administrative costs directly attributable to implementing this article, including costs related to developing and seeking federal approval for the CCIQIF and administering the fund. +(c) (1) The department shall allocate 66.7 percent of CCIQIF expenditures for reward payments to Medi-Cal managed care plans. The rate of the reward shall be +$125 +one hundred twenty-five dollars ($125) +for each enrollee who receives all recommended vaccinations by the time he or she reaches two years of age, as determined by the Childhood Immunization Status measure of the Healthcare Effectiveness Data and Information Set (HEDIS). +(2) Any unearned reward payment expenditures shall roll over to the subsequent demonstration project year. If all reward payment expenditures are earned within a demonstration project year, no additional reward payments shall be distributed until the next demonstration project year begins. +(d) At least 20 percent of the CCIQIF expenditures used for reward payments pursuant to subdivision (c) shall be passed through to contracted providers based on the number of Medi-Cal enrollees who are under two years of age in each provider’s respective panel. +14197.4. +(a) The department shall contract with the University of California or any other researchers to develop and submit, in compliance with Section 9795 of the Government Code, to the Legislature an evaluation of the effectiveness of the demonstration project using data collected from the first three years of the waiver period or demonstration project. That evaluation shall be submitted within the fourth year of the waiver period or demonstration project. +(b) The evaluation shall, at a minimum, include an assessment of the most effective administrative support strategies. +(c) The evaluation shall be financed with no more than five percent of the total annual CCIQIF program expenditure dollars. During the waiver or demonstration project year that the evaluation is commissioned, CCIQIF provider support expenditures shall be reduced, commensurate with available funds, to offset the cost of the evaluation contract. +14197.5. +This +chapter +article +shall be implemented only if and to the extent that federal financial participation is available and any necessary federal approvals have been obtained. +14197.6. +(a) This +chapter +article +shall become inoperative on the date that the Director of Health Care Services executes a declaration, which shall be retained by the director, stating that the demonstration project has concluded, and shall, six months after the date the declaration is executed, be repealed. +(b) In addition to the requirements specified in subdivision (a), the director shall post the declaration on the department’s Internet Web site and the director shall send the declaration to the appropriate policy committees of the Legislature and to the Legislative Counsel.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law requires each county to establish a community child health and disability prevention program to include, among other things, health screening and evaluation services for all children that include immunizations and an assessment of immunization status. +This bill would require the State Department of Health Care Services to establish and administer the California Childhood Immunization Quality Improvement Fund (CCIQIF) program to improve childhood immunization rates, and would require the department to submit an application to the federal Centers for Medicare and Medicaid Services for a waiver to implement a 5-year demonstration project to implement the program. The bill would require the department to develop a plan for the collection and expenditure of CCIQIF moneys according to specified guidelines, including voluntary contributions from Medi-Cal managed care plans to be used for provider support payments and reward payments to Medi-Cal managed care plans, as specified. The bill would require the department to contract with specified researchers to develop and submit to the Legislature an evaluation of the effectiveness of the demonstration project. This bill would make these provisions inoperative on a specified date.","An act to add Article 6.3 (commencing with Section 14197) to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, relating to vaccinations." +728,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature that the Administrative Director of the Division of Workers’ Compensation create an evidence-based drug formulary, with the maximum transparency possible, for use in the workers’ compensation system, and that the formulary include the following in addition to the provisions of this act: +(a) Evidence-based guidelines for access to appropriate medications pursuant to pain management prescription drug therapies. +(b) Guidance regarding how an injured worker may access off-label use of prescription drugs, when evidenced-based and medically necessary. +(c) Use of generic or generic-equivalent drugs in the formulary pursuant to evidence-based practices, with consideration being given to use of brand name medication when its use is cost-effective, medically necessary, and evidence-based. +(d) The drug formulary shall not apply to care provided in an emergency department or inpatient setting. +(e) Guidance on the use of the formulary to further the goal of providing appropriate medications expeditiously while minimizing administrative burden and associated administrative costs. +SEC. 2. +Section 4600.1 of the Labor Code is amended to read: +4600.1. +(a) Subject to subdivision (b), any person or entity that dispenses medicines and medical supplies, as required by Section 4600, shall dispense the generic drug equivalent. +(b) A person or entity is not required to dispense a generic drug equivalent under either of the following circumstances: +(1) When a generic drug equivalent is unavailable. +(2) When the prescribing physician specifically provides in writing that a nongeneric drug must be dispensed. +(c) For purposes of this section, “dispense” has the same meaning as the definition contained in Section 4024 of the Business and Professions Code. +(d) Nothing in this section shall be construed to preclude a prescribing physician, who is also the dispensing physician, from dispensing a generic drug equivalent. +(e) This section shall only apply to medicines dispensed prior to the operative date of the drug formulary adopted pursuant to Section 5307.27. +SEC. 3. +Section 4600.2 of the Labor Code is amended to read: +4600.2. +(a) Notwithstanding Section 4600, if a self-insured employer, group of self-insured employers, insurer of an employer, or group of insurers contracts with a pharmacy, group of pharmacies, or pharmacy benefit network to provide medicines and medical supplies required by this article to be provided to injured employees, those injured employees that are subject to the contract shall be provided medicines and medical supplies in the manner prescribed in the contract for as long as medicines or medical supplies are reasonably required to cure or relieve the injured employee from the effects of the injury. Medicines provided pursuant to the contract shall be subject to the drug formulary adopted by the administrative director pursuant to Section 5307.27, and such contracts may not limit the availability of medications otherwise prescribed pursuant to the formulary based on whether the pharmacy services are provided within or outside a medical provider network. +(b) Nothing in this section shall affect the ability of employee-selected physicians to continue to prescribe and have the employer provide medicines subject to the drug formulary and medical supplies that the physicians deem reasonably required to cure or relieve the injured employee from the effects of the injury. +(c) Each contract described in subdivision (a) shall comply with standards adopted by the administrative director. In adopting those standards, the administrative director shall seek to reduce pharmaceutical costs and may consult any relevant studies or practices in other states. The standards shall provide for access to a pharmacy within a reasonable geographic distance from an injured employee’s residence. +SEC. 4. +Section 5307.27 of the Labor Code is amended to read: +5307.27. +(a) The administrative director, in consultation with the Commission on Health and Safety and Workers’ Compensation, shall adopt, after public hearings, a medical treatment utilization schedule, that shall incorporate the evidence-based, peer-reviewed, nationally recognized standards of care recommended by the commission pursuant to Section 77.5, and that shall address, at a minimum, the frequency, duration, intensity, and appropriateness of all treatment procedures and modalities commonly performed in workers’ compensation cases. +(b) On or before July 1, 2017, the medical treatment utilization schedule adopted by the administrative director shall include a drug formulary using evidence-based medicine. Nothing in this section shall prohibit the authorization of medications that are not in the formulary when the variance is demonstrated, consistent with subdivision (a) of Section 4604.5. +(c) The drug formulary shall include a phased implementation for workers injured prior to July 1, 2017, in order to ensure injured workers safely transition to medications pursuant to the formulary. +(d) This section shall apply to all prescribers and dispensers of medications serving injured workers under the workers’ compensation system. +SEC. 5. +Section 5307.28 is added to the Labor Code, to read: +5307.28. +(a) Prior to the adoption of a drug formulary as required by Section 5307.27, the administrative director shall meet and consult regarding the establishment of a formulary with stakeholders, including, but not limited to, employers, insurers, private sector employee representatives, public sector employee representatives, treating physicians actively practicing medicine, pharmacists, pharmacy benefit managers, attorneys who represent applicants, and injured workers. +(b) Commencing July 1, 2016, and concluding with the implementation of the formulary, the administrative director shall publish at least two interim reports on the Internet Web site of the Division of Workers’ Compensation describing the status of the creation of the formulary. +SEC. 6. +Section 5307.29 is added to the Labor Code, to read: +5307.29. +(a) The administrative director shall make provision for no less than quarterly updates to the drug formulary to allow for the provision of all appropriate medications, including those new to the market. +(b) Changes made to the list of drugs in the drug formulary described in Section 5307.27 shall be made through an order exempt from Sections 5307.3 and 5307.4, and the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), informing the public of the changes and their effective date. All orders issued pursuant to this subdivision shall be published on the Internet Web site of the Division of Workers’ Compensation. +(c) The administrative director shall establish an independent pharmacy and therapeutics committee to review and consult with the administrative director on available evidence of the relative safety, efficacy, and effectiveness of drugs within a class of drugs in the updating of an evidence-based drug formulary, as required by Section 5307.27. +(1) The committee shall consist of six members and the Executive Medical Director of the Division of Workers’ Compensation. The committee shall consist of medical doctors or doctors of osteopathy holding a physician and surgeon license pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, and pharmacists licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code. A committee member shall have knowledge or expertise in one or more of the following: +(A) Clinically appropriate prescribing of covered drugs. +(B) Clinically appropriate dispensing and monitoring of covered drugs. +(C) Drug use review. +(D) Evidence-based medicine. +(2) Committee members shall not be employed by a pharmaceutical manufacturer, a pharmacy benefits management company, or a company engaged in the development of a pharmaceutical formulary for commercial sale during his or her term, and shall not have been so employed for 12 months prior to his or her appointment. +(3) A committee member shall not have a substantial financial conflict of interest pursuant to standards established by the administrative director. The administrative director may, in his or her sole discretion, disqualify a potential or current member of the committee if the administrative director determines that a substantial conflict of interest exists. +(4) A committee member shall agree to keep all proprietary information confidential to the extent required by existing law.","Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment. The administrative director is authorized to adopt, amend, or repeal, after public hearings, any rules and regulations that are reasonably necessary to enforce the state workers’ compensation provisions, except when that power is specifically reserved to the Workers’ Compensation Appeals Board. Existing law requires the administrative director to adopt a medical treatment utilization schedule that addresses the frequency, duration, intensity, and appropriateness of all common treatments performed in workers’ compensation cases. +This bill would require the administrative director to establish a drug formulary, on or before July 1, 2017, as part of the medical treatment utilization schedule, for medications prescribed in the workers’ compensation system. The bill would require the administrative director to meet and consult with stakeholders, as specified, prior to the adoption of the formulary. The bill would require the administrative director to publish at least 2 interim reports on the Internet Web site of the Division of Workers’ Compensation describing the status of the creation of the formulary, commencing July 1, 2016, until the formulary is implemented. The bill would require the administrative director to update the formulary at least on a quarterly basis to allow for the provision of all appropriate medications, including medications new to the market. The bill would exempt an order updating the formulary from the Administrative Procedure Act and other provisions, as specified. The bill would require the administrative director to establish an independent pharmacy and therapeutics committee to review and consult with the administrative director in connection with updating the formulary, as specified. The bill would also make conforming changes to related code sections.","An act to amend Sections 4600.1, 4600.2, and 5307.27 of, and to add Sections 5307.28 and 5307.29 to, the Labor Code, relating to workers’ compensation." +729,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4535.2 of the Government Code is amended to read: +4535.2. +(a) +(1) +The maximum preference and incentive a bidder may be awarded pursuant to this chapter and any other provision of law shall be 15 percent. However, in no case shall the maximum preference and incentive cost under this chapter exceed fifty thousand dollars ($50,000) for any bid, nor shall the combined cost of preferences and incentives granted pursuant to this chapter and any other provision of law exceed one hundred thousand dollars($100,000). In those cases where the 15-percent cumulated preference and incentive cost would exceed the one hundred thousand dollar ($100,000) maximum preference and incentive cost limit, the one hundred thousand dollar ($100,000) maximum preference and incentive cost limit shall apply. +(2) Notwithstanding the one-hundred-thousand-dollar ($100,000) limitation specified in paragraph (1), if the bid includes preferences or incentives under this chapter and Section 14838, the combined cost of preferences and incentives granted pursuant to this chapter and any other law shall not exceed one hundred fifty thousand dollars ($150,000). +(b) Notwithstanding the provisions of this chapter, small business bidders qualified in accordance with Section 14838 shall have precedence over nonsmall business bidders in that the application of any bidder preference for which nonsmall business bidders may be eligible, including the preference contained in this chapter, shall not result in the denial of the award to a small business bidder. This subdivision shall apply to those cases where the small business bidder is the lowest responsible bidder, as well as to those cases where the small business bidder is eligible for award as the result of application of the 5-percent small business bidder preference and incentive. +SECTION 1. +SEC. 2. +Section 14838 of the Government Code is amended to read: +14838. +In order to facilitate the participation of small business, including microbusiness, in the provision of goods, information technology, and services to the state, and in the construction (including alteration, demolition, repair, or improvement) of state facilities, the directors of the department and other state agencies that enter those contracts, each within their respective areas of responsibility, shall do all of the following: +(a) Establish goals, consistent with those established by the Office of Small Business Certification and Resources, for the extent of participation of small businesses, including microbusinesses, in the provision of goods, information technology, and services to the state, and in the construction of state facilities. +(b) Provide for small business preference, or nonsmall business preference for bidders that provide for small business and microbusiness subcontractor participation, in the award of contracts for goods, information technology, services, and construction, as follows: +(1) In solicitations where an award is to be made to the lowest responsible bidder meeting specifications, the preference to small business and microbusiness shall be 5 percent of the lowest responsible nonsmall business bidder meeting specifications. The preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation shall be, up to a maximum of 5 percent of the lowest responsible nonsmall business bidder meeting specifications, determined according to rules and regulations established by the Department of General Services. +(2) In solicitations where an award is to be made to the highest scored bidder based on evaluation factors in addition to price, the preference to small business or microbusiness shall be 5 percent of the highest responsible bidder’s total score. The preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation shall be up to a maximum 5 percent of the highest responsible bidder’s total score, determined according to rules and regulations established by the Department of General Services. +(3) The preferences under paragraphs (1) and (2) shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements. +(4) The preference under paragraph (1) shall not exceed one hundred thousand dollars ($100,000) for any contract award, and the combined cost of preferences granted pursuant to paragraph (1) and any other provision of law shall not exceed one hundred fifty thousand dollars ($150,000). For contract awards in which the state has reserved the right to make multiple awards, this one hundred thousand dollar ($100,000) maximum preference cost shall be applied, to the extent possible, so as to maximize the dollar participation of small businesses, including microbusinesses, in the contract award. +(c) Give special consideration to small businesses and microbusinesses by both: +(1) Reducing the experience required. +(2) Reducing the level of inventory normally required. +(d) Give special assistance to small businesses and microbusinesses in the preparation and submission of the information requested in Section 14310. +(e) Under the authorization granted in Section 10163 of the Public Contract Code, make awards, whenever feasible, to small business and microbusiness bidders for each project bid upon within their prequalification rating. This may be accomplished by dividing major projects into subprojects so as to allow a small business or microbusiness contractor to qualify to bid on these subprojects. +(f) Small business and microbusiness bidders qualified in accordance with this chapter shall have precedence over nonsmall business bidders in that the application of a bidder preference for which nonsmall business bidders may be eligible under this section or any other provision of law shall not result in the denial of the award to a small business or microbusiness bidder. In the event of a precise tie between the low responsible bid of a bidder meeting specifications of a small business or microbusiness, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business or microbusiness, the contract shall be awarded to the disabled veteran-owned small business or microbusiness. This provision applies if the small business or microbusiness bidder is the lowest responsible bidder, as well as if the small business or microbusiness bidder is eligible for award as the result of application of the small business and microbusiness bidder preference granted by subdivision (b). +SEC. 3. +Section 42893 of the Public Resources Code is amended to read: +42893. +(a) The combined amount of preference granted pursuant to this +section +article +shall not exceed one hundred thousand dollars ($100,000) each year. +(b) Notwithstanding Section 42892, the recycled tire product preference shall not exceed fifty thousand dollars ($50,000) if a preference exceeding that amount would preclude an award to a small business that offers a similar product made of nonrecycled tire components and is qualified in accordance with Section 14838 of the Government Code. This provision applies regardless of whether the small business is the lowest responsible bidder or is eligible for the contract award on the basis of application of the 5 percent small business preference. +(c) Notwithstanding the one-hundred-thousand-dollar limitation specified in subdivision (a) or the fifty-thousand-dollar ($50,000) limitation specified in subdivision (b), if the bid includes the preference authorized in Section 42891 and Section 14838 of the Government Code, the combined cost of preferences and incentives granted pursuant to this article and any other law shall not exceed one hundred fifty thousand dollars ($150,000).","Existing law, the Small Business Procurement and Contract Act, provides for various programs to encourage the participation of small businesses, as certified by the Department of General Services, in state agency contracts, including a microbusiness and a disabled veteran business enterprise. Existing law requires directors of state agencies, in awarding prescribed contracts, to provide a 5% preference to small businesses and microbusinesses, and a preference of up to 5% to a nonsmall business that provides for small business or microbusiness subcontractor participation, not to exceed prescribed amounts. Existing law provides, in solicitations where an award is made to the lowest responsible bidder, that the preferences shall not exceed $50,000 for any bid and that the combined cost of preferences granted shall not exceed $100,000. Existing law provides that, in bids in which the state has reserved the right to make multiple awards, the $50,000 maximum preference cost shall be applied. +This bill would provide, in solicitations where an award is made to the lowest responsible bidder, that the preference to small business and microbusiness be 5% of the lowest responsible nonsmall business bidder meeting specifications and that the preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation be up to a maximum of 5% of the lowest responsible nonsmall business bidder. This bill also would provide that the preference not exceed $100,000 for any contract award and that the combined cost of preferences granted not exceed $150,000. This bill would require that the $100,000 maximum preference cost be applied in multiple contract awards. +Existing law, the Target Area Contract Preference Act, requires, if the contract is for goods or services in excess of $100,000, except as specified, the state to award preferences to California-based companies submitting bids or proposals for state contracts who demonstrate and certify under penalty of perjury that of the total labor hours required to manufacture the goods and perform the contract, at least a specified percentage of the hours will be accomplished at an identified worksite or worksites located in a distressed area by persons with a high risk of unemployment. Existing law also provides that the maximum preference and incentive a bidder may be awarded pursuant to this act is $50,000 for any bid, and $100,000 for the combined cost of these preferences and incentives and those provided pursuant to any other provision of law. +This bill would instead provide, if the bid includes preferences or incentives provided under the Target Area Contract Preference Act and the Small Business Procurement and Contract Act, that the maximum preference and incentive a bidder may be awarded pursuant to these provisions shall not exceed $150,000 for the combined cost of these preferences and incentives and those provided pursuant to any other provision of law. +Existing law, the California Tire Recycling Act, provides, on state purchases of products that are made of, or contains components that can be derived from the recycling of used tires, to suppliers of recycled tire products, a bid preference of 5% of the lowest bid or price quoted by suppliers offering similar products made from nonrecycled components. That law limits the preference to $100,000 each year, or $50,000 if the preference exceeding that amount would preclude an award to a small business that offers a similar product made of nonrecycled tire components and is qualified in accordance with the Small Business Procurement and Contract Act. +This bill would provide, notwithstanding those limitations, if the bid includes the preference authorized in the California Tire Recycling Act and the Small Business Procurement and Contract Act, the combined cost of preferences and incentives granted pursuant to California Tire Recycling Act and any other law is not to exceed $150,000.","An act to amend +Section +Sections 4535.2 and +14838 of the Government Code, +and to amend Section 42893 of the Public Resources Code, +relating to public contracts." +730,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The State of California has long recognized the mental health needs of California’s children and the value of addressing these needs by supporting the provision of evidence-based mental health services in publicly funded preschools and elementary schools, as evidenced by the creation in 1981 of the Primary Prevention Project, now named the Primary Intervention Program, and the creation in 1991 of the School-based Early Mental Health Intervention and Prevention Services for Children Program, known as the Early Mental Health Initiative (EMHI). +(b) From the 1992–93 fiscal year to the 2011–12 fiscal year, the State Department of Mental Health awarded funds each year in matching grants to local education agencies to fund prevention and early intervention programs, including the Primary Intervention Program, for students experiencing mild to moderate school adjustment difficulty through the EMHI. In the 2011–12 fiscal year, the EMHI received $15 million in state funds. +(c) Authorizing legislation specified that the EMHI would be deemed successful if at least 75 percent of the children who complete the program show an improvement in at least one of the following four areas: learning behaviors, attendance, school adjustment, and school-related competencies. +(d) The EMHI succeeded in meeting these legislative requirements. According to the 2010/2011 Early Mental Health Initiative Statewide Evaluation Report, of the 15,823 students located in 424 elementary schools across 66 school districts participating in EMHI-funded services during the 2010–11 school year, 79 percent exhibited positive social competence and school adjustment behaviors more frequently after completing services. Furthermore, the magnitude of the improvements was exceptional in comparison to evaluations of other programs, especially given the short-term and cost-effective nature of the intervention. +(e) The 2010/2011 Early Mental Health Initiative Statewide Evaluation Report described an unmet demand for EMHI-funded services at participating schoolsites, as only 37 percent of the students that scored in the mild to moderate school adjustment difficulty range were served with EMHI-funded services due to program capacity and funding constraints. Based on demographic considerations, similar demand would be expected at schools that did not receive EMHI grants. +(f) The Governor’s realignment for the 2011–12 fiscal year renamed the State Department of Mental Health as the State Department of State Hospitals and limited that department’s mission. +(g) The Budget Act of 2012 disbursed Proposition 98 funds, which had been used to fund the EMHI, directly to local education agencies in order to provide local schools with enhanced flexibility to manage their finances and give greater control of local decisions. +(h) It is in the interest of California’s children, families, schools, and communities that the State of California support local decisions to provide funding for evidence-based services to address the mental health needs of children in publicly funded preschools and elementary schools. +(i) Multitiered systems and supports have been developed as model framework within which to implement these services. Pilot programs in the Counties of San Bernardino and Alameda are demonstrating that implementing these services as part of a multitiered system is cost effective, because the cost of the services is more than fully offset by the reduction in the need for high-cost nonpublic school placements. +SEC. 2. +Section 4372 of the Welfare and Institutions Code is amended to read: +4372. +For the purposes of this part, the following definitions shall apply: +(a) “Cooperating entity” means any federal, state, or local, public or private nonprofit agency providing school-based early mental health intervention and prevention services that agrees to offer services at a schoolsite through a program assisted under this part. +(b) “Eligible pupil” means a pupil who attends a preschool program at a publicly funded elementary school, or who attends a publicly funded elementary school and who is in kindergarten, transitional kindergarten, or grades 1 to 3, inclusive. +(c) “Local educational agency” means any school district or county office of education, state special school, or charter school. +(d) “Department” means the State Department of Public Health. +(e) “Director” means the State Director of Mental Health. +(f) “Supportive service” means a service that will enhance the mental health and social development of children. +SEC. 3. +Chapter 4 (commencing with Section 4391) is added to Part 4 of Division 4 of the Welfare and Institutions Code, to read: +CHAPTER 4. School-Based Early Mental Health Intervention and Prevention Services Support Program +4391. +(a) The State Public Health Officer shall establish a four-year pilot program, in consultation with the Superintendent of Public Instruction and the Director of Health Care Services, to encourage and support local decisions to provide funding for the eligible support services as provided in this section. +(b) The department shall provide outreach to local education agencies and county mental health agencies to inform individuals responsible for local funding decisions of the program established pursuant to this section. +(c) The department shall provide free regional training on all of the following: +(1) Eligible support services, which may include any or all of the following: +(A) Individual and group intervention and prevention services. +(B) Parent involvement through conference or training, or both. +(C) Teacher and staff conferences and training related to meeting project goals. +(D) Referral to outside resources when eligible pupils require additional services. +(E) Use of paraprofessional staff, who are trained and supervised by credentialed school psychologists, school counselors, or school social workers, to meet with pupils on a short-term weekly basis, in a one-on-one setting as in the primary intervention program established pursuant to Chapter 4 (commencing with Section 4343) of Part 3. +(F) Any other service or activity that will improve the mental health of eligible pupils. +(2) The potential for the eligible support services defined in this section to help fulfill state priorities described by the local control funding formula and local goals described by local control and accountability plans. +(3) How educational, mental health, and other funds subject to local control can be used to finance the eligible support services defined in this section. +(4) External resources available to support the eligible support services defined in this section, which may include workshops, training, conferences, and peer learning networks. +(5) State resources available to support student mental health and positive learning environments, which may include any of the following: +(A) Foundational aspects of learning, mental health, toxic stress, childhood trauma, and adverse childhood experiences. +(B) Inclusive multitiered systems of behavioral and academic supports, Schoolwide Positive Behavior Interventions and Supports, restorative justice or restorative practices, trauma-informed practices, social and emotional learning, and bullying prevention. +(d) The department shall provide technical assistance to local education agencies that provide or seek to provide eligible services defined in this section. Technical assistance shall include assistance in any of the following: +(1) Designing programs. +(2) Training program staff in intervention skills. +(3) Conducting local evaluations. +(4) Leveraging educational, mental health, and other funds that are subject to local control and assisting in budget development. +(e) In providing outreach pursuant to subdivision (b), training pursuant to subdivision (c), and technical assistance pursuant to subdivision (d), the department shall select and support schoolsites as follows: +(1) During the first 18 months of the program, the department shall support, strengthen, and expand the provision of eligible services at 30 schoolsites that previously received funding pursuant to the School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program (Chapter 2 (commencing with Section 4380)) and have continued to provide eligible support services. In working with these selected schoolsites, the department shall develop methods and standards for providing services and practices to new schoolsites. +(2) During the subsequent 18 months of the program, the department shall select 30 new schoolsites that are not providing eligible support services but that demonstrate the willingness and capacity to participate in the program. The department shall work with these schoolsites to deliver eligible support services. +(3) In selecting schoolsites and providing support, the department shall prioritize geographic diversity, program effectiveness, program efficiency, and long-term program sustainability. +(f) The department shall submit, in compliance with Section 9795 of the Government Code, an interim report to the Legislature at the end of the second year of the pilot program that details the department’s work to support the schoolsites selected pursuant to paragraph (1) of subdivision (e) and includes an assessment of the demand and impact of funding for the School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program established pursuant to Chapter 3 (commencing with Section 4390). The department shall make the report available to the public and shall post it on the department’s Internet Web site. +(g) The department shall develop an evaluation plan to assess the impact of the pilot program. The department, in compliance with Section 9795 of the Government Code, shall submit a report to the Legislature at the end of the four-year period evaluating the impact of the pilot program and providing recommendations for further implementation. The department shall make the report available to the public and shall post it on the department’s Internet Web site. +4392. +This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.","Existing law, the School-based Early Mental Health Intervention and Prevention Services for Children Act of 1991, authorizes the Director of Health Care Services, in consultation with the Superintendent of Public Instruction, to provide matching grants to local educational agencies to pay the state share of the costs of providing school-based early mental health intervention and prevention services to eligible pupils at schoolsites of eligible pupils, subject to the availability of funding each year. Existing law defines “eligible pupil” for this purpose as a pupil who attends a publicly funded elementary school and who is in kindergarten or grades 1 to 3, inclusive. Existing law also defines “local educational agency” as a school district or county office of education or a state special school. +This bill would expand the definition of an eligible pupil to include a pupil who attends a state preschool program at a publicly funded elementary school and a pupil who is in transitional kindergarten, thereby extending the application of the act to those persons. The bill would also include charter schools in the definition of local educational agency, thereby extending the application of the act to those entities. The bill would require the State Public Health Officer, in consultation with the Superintendent of Public Schools and the Director of Health Care Services, to establish a 4-year pilot program, the School-Based Early Mental Health Intervention and Prevention Services Support Program, to provide outreach, free regional training, and technical assistance for local educational agencies in providing mental health services at schoolsites. The bill would require the State Department of Public Health to submit specified reports after 2 and 4 years. The bill would repeal these provisions as of January 1, 2021.","An act to amend Section 4372 of, and to add and repeal Chapter 4 (commencing with Section 4391) of Part 4 of Division 4 of, the Welfare and Institutions Code, relating to mental health." +731,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 30515 of the Penal Code is amended to read: +30515. +(a) Notwithstanding Section 30510, “assault weapon” also means any of the following: +(1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following: +(A) A pistol grip that protrudes conspicuously beneath the action of the weapon. +(B) A thumbhole stock. +(C) A folding or telescoping stock. +(D) A grenade launcher or flare launcher. +(E) A flash suppressor. +(F) A forward pistol grip. +(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. +(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. +(4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following: +(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. +(B) A second handgrip. +(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel. +(D) The capacity to accept a detachable magazine at some location outside of the pistol grip. +(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. +(6) A semiautomatic shotgun that has both of the following: +(A) A folding or telescoping stock. +(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip. +(7) A semiautomatic shotgun that has the ability to accept a detachable magazine. +(8) Any shotgun with a revolving cylinder. +(b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. +(c) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subdivision (d). +(d) “Assault weapon” does not include either of the following: +(1) Any antique firearm. +(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c): +MANUFACTURER +MODEL +CALIBER +BENELLI +MP90 +.22LR +BENELLI +MP90 +.32 S&W LONG +BENELLI +MP95 +.22LR +BENELLI +MP95 +.32 S&W LONG +HAMMERLI +280 +.22LR +HAMMERLI +280 +.32 S&W LONG +HAMMERLI +SP20 +.22LR +HAMMERLI +SP20 +.32 S&W LONG +PARDINI +GPO +.22 SHORT +PARDINI +GP-SCHUMANN +.22 SHORT +PARDINI +HP +.32 S&W LONG +PARDINI +MP +.32 S&W LONG +PARDINI +SP +.22LR +PARDINI +SPE +.22LR +WALTHER +GSP +.22LR +WALTHER +GSP +.32 S&W LONG +WALTHER +OSP +.22 SHORT +WALTHER +OSP-2000 +.22 SHORT +(3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (c) to exempt new models of competitive pistols that would otherwise fall within the definition of “assault weapon” pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant. +SEC. 2. +Section 30680 is added to the Penal Code, to read: +30680. +Section 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable: +(a) Prior to January 1, 2017, the person would have been eligible to register that assault weapon pursuant to subdivision (b) of Section 30900. +(b) The person lawfully possessed that assault weapon prior to January 1, 2017. +(c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900. +SEC. 3. +Section 30900 of the Penal Code is amended to read: +30900. +(a) (1) Any person who, prior to June 1, 1989, lawfully possessed an assault weapon, as defined in former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989, shall register the firearm by January 1, 1991, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended by Section 1 of Chapter 874 of the Statutes of 1990 or Section 3 of Chapter 954 of the Statutes of 1991, shall register the firearm within 90 days with the Department of Justice pursuant to those procedures that the department may establish. +(2) Except as provided in Section 30600, any person who lawfully possessed an assault weapon prior to the date it was defined as an assault weapon pursuant to former Section 12276.1, as it read in Section 7 of Chapter 129 of the Statutes of 1999, and which was not specified as an assault weapon under former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, or former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, shall register the firearm by January 1, 2001, with the department pursuant to those procedures that the department may establish. +(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate. +(4) The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the reasonable processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act but not to exceed the reasonable costs of the department. The fees shall be deposited into the Dealers’ Record of Sale Special Account. +(b) (1) Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before January 1, 2018, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5). +(2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department. +(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number. +(4) The department may charge a fee in an amount of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the department. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account to be used for purposes of this section. +(5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law enforcement officers. Under existing law, “assault weapon” means, among other things, a semiautomatic centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of several specified attributes, including, for rifles, a thumbhole stock, and for pistols, a 2nd handgrip. +This bill would revise this definition of “assault weapon” to mean a semiautomatic centerfire rifle or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes. The bill would also define “fixed magazine” to mean an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. +By expanding the definition of an existing crime, the bill would impose a state-mandated local program. +(2) Existing law requires that any person who, within this state, possesses an assault weapon, except as otherwise provided, be punished as a felony or for a period not to exceed one year in a county jail. +This bill would exempt from punishment under that provision a person who possessed an assault weapon prior to January 1, 2017, if specified requirements are met. +(3) Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice. Existing law permits the Department of Justice to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act. Existing law requires those fees to be deposited into the Dealers’ Record of Sale Special Account. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies. +This bill would require that any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, and including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm with the Department of Justice before January 1, 2018, but not before the effective date of specified regulations. The bill would permit the department to increase the $20 registration fee as long as it does not exceed the reasonable processing costs of the department. The bill would also require registrations to be submitted electronically via the Internet utilizing a public-facing application made available by the department. The bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. The bill would permit the department to charge a fee of up to $15 per person for registration through the Internet, not to exceed the reasonable processing costs of the department to be paid and deposited, as specified, for purposes of the registration program. The bill would require the department to adopt regulations for the purpose of implementing those provisions and would exempt those regulations from the Administrative Procedure Act. The bill would also make technical and conforming changes. +(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 30515 and 30900 of, and to add Section 30680 to, the Penal Code, relating to firearms." +732,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 399.16 of the Public Utilities Code is amended to read: +399.16. +(a) Various electricity products from eligible renewable energy resources located within the WECC transmission network service area shall be eligible to comply with the renewables portfolio standard procurement requirements in Section 399.15. These electricity products may be differentiated by their impacts on the operation of the grid in supplying electricity, as well as, meeting the requirements of this article. +(b) Consistent with the goals of procuring the least-cost and best-fit electricity products from eligible renewable energy resources that meet project viability principles adopted by the commission pursuant to paragraph (4) of subdivision (a) of Section 399.13 and that provide the benefits set forth in Section 399.11, a balanced portfolio of eligible renewable energy resources shall be procured consisting of the following portfolio content categories: +(1) Eligible renewable energy resource electricity products that meet any of the following criteria: +(A) Have a first point of interconnection with a California balancing authority, have a first point of interconnection with distribution facilities used to serve end users within a California balancing authority area, or are scheduled from the eligible renewable energy resource into a California balancing authority without substituting electricity from another source. The use of another source to provide real-time ancillary services required to maintain an hourly or subhourly import schedule into a California balancing authority shall be permitted, but only the fraction of the schedule actually generated by the eligible renewable energy resource shall count toward this portfolio content category. +(B) Have an agreement to dynamically transfer electricity to a California balancing authority. +(C) +Unbundled renewable +Renewable +energy credits that are earned by electricity that is generated by an entity that, if it were a person or corporation, would be excluded from the definition of an electrical corporation by operation of subdivision (c) or (d) of Section 218, +that meets the criteria of subparagraph (A), and where the electricity generated that earned the credit is used at a wastewater treatment facility that is owned by a public entity and first put into service on or after January 1, 2016. +consistent with the following requirements: +(i) The generating facility earning the renewable energy credit meets the criteria of subparagraph (A). +(ii) The electricity generated that earned the renewable energy credit is used at a wastewater treatment facility that is owned by a public entity. +(iii) The generating capability of the wastewater treatment facility that earned the renewable energy credit is first put into service on or after January 1, 2016. For these purposes, “generating capability” includes new or additional generation of electricity at a wastewater treatment facility that is the result of capital investment or operational changes made to the facility on or after January 1, 2016, that result in incremental increases in generation at the facility, as well as repowered wastewater facilities. +(iv) The wastewater treatment facility does not participate in the small-scale bioenergy feed-in tariff program established by the commission pursuant to Section 399.20. +(2) Firmed and shaped eligible renewable energy resource electricity products providing incremental electricity and scheduled into a California balancing authority. +(3) Eligible renewable energy resource electricity products, or any fraction of the electricity generated, including unbundled renewable energy credits, that do not qualify under the criteria of paragraph (1) or (2). +(c) In order to achieve a balanced portfolio, all retail sellers shall meet the following requirements for all procurement credited toward each compliance period: +(1) Not less than 50 percent for the compliance period ending December 31, 2013, 65 percent for the compliance period ending December 31, 2016, and 75 percent thereafter of the eligible renewable energy resource electricity products associated with contracts executed after June 1, 2010, shall meet the product content requirements of paragraph (1) of subdivision (b). +(2) Not more than 25 percent for the compliance period ending December 31, 2013, 15 percent for the compliance period ending December 31, 2016, and 10 percent thereafter of the eligible renewable energy resource electricity products associated with contracts executed after June 1, 2010, shall meet the product content requirements of paragraph (3) of subdivision (b). +(3) Any renewable energy resources contracts executed on or after June 1, 2010, not subject to the limitations of paragraph (1) or (2), shall meet the product content requirements of paragraph (2) of subdivision (b). +(4) For purposes of electric service providers only, the restrictions in this subdivision on crediting eligible renewable energy resource electricity products to each compliance period shall apply to contracts executed after January 13, 2011. +(d) Any contract or ownership agreement originally executed prior to June 1, 2010, shall count in full toward the procurement requirements established pursuant to this article, if all of the following conditions are met: +(1) The renewable energy resource was eligible under the rules in place as of the date when the contract was executed. +(2) For an electrical corporation, the contract has been approved by the commission, even if that approval occurs after June 1, 2010. +(3) Any contract amendments or modifications occurring after June 1, 2010, do not increase the nameplate capacity or expected quantities of annual generation, or substitute a different renewable energy resource. The duration of the contract may be extended if the original contract specified a procurement commitment of 15 or more years. +(e) A retail seller may apply to the commission for a reduction of a procurement content requirement of subdivision (c). The commission may reduce a procurement content requirement of subdivision (c) to the extent the retail seller demonstrates that it cannot comply with that subdivision because of conditions beyond the control of the retail seller as provided in paragraph (5) of subdivision (b) of Section 399.15. The commission shall not, under any circumstance, reduce the obligation specified in paragraph (1) of subdivision (c) below 65 percent for any compliance obligation after December 31, 2016. +(f) (1) A public entity selling renewable energy credits that are eligible for treatment pursuant to subparagraph (C) of paragraph (1) of subdivision (b) shall not make any marketing or advertising claims regarding the renewable attributes of the electricity that earned the renewable energy credit. All renewable attributes of the electricity that earned the renewable energy credit are transferred to the purchaser of the renewable energy credit. +(2) For purposes of calculating the renewables portfolio standard procurement obligations for a retail seller pursuant to Section 399.15, and for a local publicly owned electric utility pursuant to Section 399.30, the electricity generated that earned the renewable energy credit that is eligible for treatment pursuant to subparagraph (C) of paragraph (1) of subdivision (b) and is sold by the public entity shall be added to the total retail sales of the retail seller or local publicly owned electric utility that purchases the renewable energy credit.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The existing definition of an electrical corporation excludes from that definition a corporation or person employing landfill gas technology or digester gas technology for the generation of electricity for (1) its own use or the use of not more than 2 of its tenants located on the real property on which the electricity is generated, (2) the use of or sale to not more than 2 other corporations or persons solely for use on the real property on which the electricity is generated, or (3) the sale or transmission to an electrical corporation or state or local public agency, if the sale or transmission of the electricity service to a retail customer is provided through the transmission system of the existing local publicly owned electric utility or electrical corporation of that retail customer. +The California Renewables Portfolio Standard Program requires the Public Utilities Commission to establish a renewables portfolio standard requiring all retail sellers, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, at specified percentages of the total kilowatthours sold to their retail end-customers during specified compliance periods. The program additionally requires each local publicly owned electric utility, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources to achieve the targets established by the program. The program, consistent with the goals of procuring the least-cost and best-fit eligible renewable energy resources that meet project viability principles, requires that all retail sellers procure a balanced portfolio of electricity products from eligible renewable energy resources, as specified, referred to as the portfolio content requirements. +Existing law requires every electrical corporation to file with the commission a standard tariff for electricity generated by an electric generation facility, as defined, that qualifies for the tariff, is owned and operated by a retail customer of the electrical corporation, and is located within the service territory of, and developed to sell electricity to, the electrical corporation. This tariff requirement is known as the renewable feed-in tariff program. The program additionally requires the commission, by June 1, 2013, to direct the electrical corporations to collectively procure at least 250 megawatts of cumulative rated generating capacity from developers of bioenergy projects that commence operation on or after June 1, 2013. Pursuant to this requirement, the commission has established the small-scale bioenergy feed-in tariff program. +This bill would provide that +unbundled +renewable energy credits may be used to meet the first category of the portfolio content requirements if (1) the credits are earned by electricity that is generated by an entity that, if it were a person or corporation, would be excluded from the definition of an electrical corporation by operation of the exclusions for a corporation or person employing landfill gas technology or digester gas technology, (2) the entity employing the landfill gas technology or digester gas technology has a first point of interconnection with a California balancing authority, a first point of interconnection with distribution facilities used to serve end users within a California balancing authority area, or +are +is +scheduled from the eligible renewable energy resource into a California balancing authority without substituting electricity from another source, +and +(3) where the electricity generated that earned the credit is used at a wastewater treatment facility that is owned by a public +entity and +entity, (4) the generating capability, as specified, of the wastewater treatment facility that earned the renewable energy credit is +first put into service on or after January 1, +2016. +2016, and (5) the wastewater treatment facility does not participate in the small-scale bioenergy feed-in tariff program. The bill would prohibit a public entity, selling renewable energy that is eligible to meet the first category of the portfolio content requirements pursuant to the bill’s provisions, from making any marketing or advertising claims regarding the renewable attributes of the electricity that earned the renewable energy credit. The bill would require that the electricity generated that earned the renewable energy credit that is sold by the public entity be added to the total retail sales of the retail seller or local publicly owned electric utility purchasing the renewable energy credit for purposes of determining their renewables portfolio standard procurement requirements.","An act to amend Section 399.16 of the Public Utilities Code, relating to energy." +733,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 115800 of the Health and Safety Code is amended to read: +115800. +(a) An operator of a skateboard park shall not permit a person to ride a skateboard or other wheeled recreational device in the skateboard park, unless that person is wearing a helmet, elbow pads, and knee pads. +(b) With respect to a facility, owned or operated by a local public agency, that is designed and maintained for the purpose of riding a recreational skateboard or other wheeled recreational device, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: +(1) Adoption by the local public agency of an ordinance requiring a person riding a skateboard or other wheeled recreational device at the facility to wear a helmet, elbow pads, and knee pads. +(2) The posting of signs at the facility affording reasonable notice that a person riding a skateboard or other wheeled recreational device in the facility must wear a helmet, elbow pads, and knee pads, and that a person failing to do so will be subject to citation pursuant to the ordinance required by paragraph (1). +(c) “Local public agency” for purposes of this section includes, but is not limited to, a city, county, or city and county. +(d) For purposes of this section, “other wheeled recreational device” means nonmotorized bicycles, scooters, in-line skates, roller skates, or wheelchairs. +(e) (1) Riding a skateboard or other wheeled recreational device, or any concurrent combination of these activities at a facility or park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3), shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions are met: +(A) The person riding the skateboard or other wheeled recreational device is 12 years of age or older. +(B) The riding of the skateboard or other wheeled recreational device that caused the injury was stunt, trick, or luge riding. +(C) The skateboard park is on public property that complies with subdivision (a) or (b). +(2) In addition to subdivision (c) of Section 831.7 of the Government Code, this section does not limit the liability of a public entity with respect to any other duty imposed pursuant to existing law, including the duty to protect against dangerous conditions of public property pursuant to Chapter 2 (commencing with Section 830) of Part 2 of Division 3.6 of Title 1 of the Government Code. However, this section does not abrogate or limit any other legal rights, defenses, or immunities that may otherwise be available at law. +(3) (A) Except as provided in subparagraph (B), for public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2001. For public skateboard parks that are constructed after January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998. For purposes of this subdivision, a skateboard facility that is a movable facility shall be deemed constructed on the first date it is initially made available for use at a location by the local public agency. +(B) For public skateboard parks that were constructed after January 1, 1996, and before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 2012. +(4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by a person riding a skateboard or other wheeled recreational device in a public skateboard park or facility. The local public agency shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency. Copies of the records of claims and lawsuits shall be filed annually, no later than January 30 each year, with the Assembly Committee on Judiciary and the Senate Committee on Judiciary. +(5) (A) Except as provided in subparagraph (B), this subdivision shall not apply on or after January 1, 2001, to public skateboard parks that were constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are constructed after January 1, 1998. +(B) On and after January 1, 2012, this subdivision shall apply to public skateboard parks that were constructed on or after January 1, 1996. +(6) For purposes of injuries that occur while operating one of the other wheeled recreational devices described in subdivision (d) in a skateboard facility, this subdivision shall apply to any claim for injuries occurring on or after January 1, 2016. +(f) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 2. +Section 115800 is added to the Health and Safety Code, to read: +115800. +(a) An operator of a skateboard park shall not permit a person to ride a skateboard in the park, unless that person is wearing a helmet, elbow pads, and knee pads. +(b) With respect to a facility, owned or operated by a local public agency, that is designed and maintained for the purpose of riding a recreational skateboard, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: +(1) Adoption by the local public agency of an ordinance requiring a person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads. +(2) The posting of signs at the facility affording reasonable notice that a person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that a person failing to do so will be subject to citation under the ordinance required by paragraph (1). +(c) “Local public agency” for purposes of this section includes, but is not limited to, a city, county, or city and county. +(d) (1)   Riding a skateboard at a facility or park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3), shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions are met: +(A) The person riding the skateboard is 12 years of age or older. +(B) The riding of the skateboard that caused the injury was stunt, trick, or luge riding. +(C) The skateboard park is on public property that complies with subdivision (a) or (b). +(2) In addition to subdivision (c) of Section 831.7 of the Government Code, this section does not limit the liability of a public entity with respect to any other duty imposed pursuant to existing law, including the duty to protect against dangerous conditions of public property pursuant to Chapter 2 (commencing with Section 830) of Part 2 of Division 3.6 of Title 1 of the Government Code. However, this section does not abrogate or limit any other legal rights, defenses, or immunities that may otherwise be available at law. +(3) (A)   Except as provided in subparagraph (B), for public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2001. For public skateboard parks that are constructed after January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998. For purposes of this subdivision, a skateboard facility that is a movable facility shall be deemed constructed on the first date it is initially made available for use at a location by the local public agency. +(B) For public skateboard parks that were constructed after January 1, 1996, and before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 2012. +(4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by a person riding a skateboard in a public skateboard park or facility. The local public agency shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency. Copies of the records of claims and lawsuits shall be filed annually, no later than January 30 each year, with the Assembly Committee on Judiciary and the Senate Committee on Judiciary. +(5) (A)   Except as provided in subparagraph (B), this subdivision shall not apply on or after January 1, 2001, to public skateboard parks that were constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are constructed after January 1, 1998. +(B) On and after January 1, 2012, this subdivision shall apply to public skateboard parks that were constructed on or after January 1, 1996. +(e) This section shall become operative on January 1, 2020.","Existing law prohibits an operator of a skateboard park from permitting a person to ride a skateboard at the park, unless the person is wearing a helmet, elbow pads, and knee pads. Existing law provides that a skateboard facility owned or operated by a local public agency that is not supervised on a regular basis may satisfy the above requirement if it complies with certain things, including the adoption of an ordinance that requires a person riding a skateboard in the facility to wear a helmet, elbow pads, and knee pads, as provided. Existing law provides that a public entity is not liable to a person who participates in a hazardous recreational activity, and that skateboarding at a facility owned or operated by a public entity as a public skateboard park is a hazardous recreational activity, if certain conditions are met. +This bill would apply the above provisions, and others relating to skateboard safety and liability, to other wheeled recreational devices, as defined, until January 1, 2020.","An act to amend, repeal, and add Section 115800 of the Health and Safety Code, relating to recreational safety." +734,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 40204 of the Vehicle Code is amended to read: +40204. +(a) If the parking penalty is received by the person authorized to receive the deposit of the parking penalty and there is no contest as to that parking violation, the proceedings under this article shall terminate. +(b) The issuing agency may, consistent with the written guidelines established by the agency, allow payment of the parking penalty in installments if the violator provides evidence satisfactory to the issuing agency of an inability to pay the parking penalty in full. +SEC. 2. +Section 40215 of the Vehicle Code is amended to read: +40215. +(a) For a period of 21 calendar days from the issuance of a notice of parking violation or 14 calendar days from the mailing of a notice of delinquent parking violation, exclusive of any days from the day the processing agency receives a request for a copy or facsimile of the original notice of parking violation pursuant to Section 40206.5 and the day the processing agency complies with the request, a person may request an initial review of the notice by the issuing agency. The request may be made by telephone, in writing, or in person. There shall be no charge for this review. If, following the initial review, the issuing agency is satisfied that the violation did not occur, that the registered owner was not responsible for the violation, or that extenuating circumstances make dismissal of the citation appropriate in the interest of justice, the issuing agency shall cancel the notice of parking violation or notice of delinquent parking violation. The issuing agency shall advise the processing agency, if any, of the cancellation. The issuing agency or the processing agency shall mail the results of the initial review to the person contesting the notice, and, if following that review, cancellation of the notice does not occur, include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure adopted pursuant to subdivision (b) for waiving prepayment of the parking penalty based upon an inability to pay. +(b) If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than 21 calendar days following the mailing of the results of the issuing agency’s initial review. The request may be made by telephone, in writing, or in person. The person requesting an administrative hearing shall deposit the amount of the parking penalty with the processing agency. The issuing agency shall adopt a written procedure to allow a person to request an administrative hearing without payment of the parking penalty upon satisfactory proof of an inability to pay the amount due. After January 1, 1996, an administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to this article. The person requesting the hearing may request one continuance, not to exceed 21 calendar days. +(c) The administrative hearing process shall include the following: +(1) The person requesting a hearing shall have the choice of a hearing by mail or in person. An in-person hearing shall be conducted within the jurisdiction of the issuing agency. If an issuing agency contracts with an administrative provider, hearings shall be held within the jurisdiction of the issuing agency or within the county of the issuing agency. +(2) If the person requesting a hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for the parking violation without the necessity of the appointment of a guardian. The processing agency may proceed against the minor in the same manner as against an adult. +(3) The administrative hearing shall be conducted in accordance with written procedures established by the issuing agency and approved by the governing body or chief executive officer of the issuing agency. The hearing shall provide an independent, objective, fair, and impartial review of contested parking violations. +(4) (A) The issuing agency’s governing body or chief executive officer shall appoint or contract with qualified examiners or administrative hearing providers that employ qualified examiners to conduct the administrative hearings. Examiners shall demonstrate those qualifications, training, and objectivity necessary to conduct a fair and impartial review. An examiner shall not be employed, managed, or controlled by a person whose primary duties are parking enforcement or parking citation, processing, collection, or issuance. The examiner shall be separate and independent from the citation collection or processing function. An examiner’s continued employment, performance evaluation, compensation, and benefits shall not, directly or indirectly, be linked to the amount of fines collected by the examiner. +(B) Examiners shall have a minimum of 20 hours of training. The examiner is responsible for the costs of the training. The issuing agency may reimburse the examiner for those costs. Training may be provided through (i) an accredited college or university, (ii) a program conducted by the Commission on Peace Officer Standards and Training, (iii) American Arbitration Association or a similar established organization, or (iv) through any program approved by the governing board of the issuing agency, including a program developed and provided by, or for, the agency. Training programs may include topics relevant to the administrative hearing, including, but not limited to, applicable laws and regulations, parking enforcement procedures, due process, evaluation of evidence, hearing procedures, and effective oral and written communication. Upon the approval of the governing board of the issuing agency, up to 12 hours of relevant experience may be substituted for up to 12 hours of training. In addition, up to eight hours of the training requirements described in this subparagraph may be credited to an individual, at the discretion of the governing board of the issuing agency, based upon training programs or courses described in (i) to (iv), inclusive, that the individual attended within the last five years. +(5) The officer or person who issues a notice of parking violation shall not be required to participate in an administrative hearing. The issuing agency shall not be required to produce any evidence other than the notice of parking violation or copy thereof and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. The documentation in proper form shall be prima facie evidence of the violation. +(6) The examiner’s decision following the administrative hearing may be personally delivered to the person by the examiner or sent by first-class mail, and, if the notice is not cancelled, include a written reason for that denial. +(7) The examiner or the issuing agency may, at any stage of the initial review or the administrative hearing process, and consistent with the written guidelines established by the issuing agency, allow payment of the parking penalty in installments, or the issuing agency may allow for deferred payment, if the person provides evidence satisfactory to the examiner or the issuing agency, as the case may be, of an inability to pay the parking penalty in full. If authorized by the governing board of the issuing agency, the examiner may permit the performance of community service in lieu of payment of a parking penalty. +(d) The provisions of this section relating to the administrative appeal process do not apply to an issuing agency that is a law enforcement agency if the issuing agency does not also act as the processing agency.","Existing law establishes a process by which a person who has received a notice of a parking violation or a notice of a delinquent parking violation may contest the notice. Existing law provides for an administrative hearing, conducted by an examiner, as specified, as part of that process. If after the hearing the examiner determines that the person committed the violation, existing law authorizes the examiner to allow the person to pay the penalty for the violation in installments, and authorizes the agency that issued the notice to allow deferred payment of the penalty or payment of the penalty in installments if the person provides satisfactory evidence of an inability to pay the penalty in full. +This bill would authorize the examiner or the issuing agency to allow payment of the penalty in installments, or allow the issuing agency to allow deferred payment of the penalty, at any stage of the process described above. This bill would also authorize the issuing agency to allow payment of the penalty in installments if the person does not contest the violation.","An act to amend Sections 40204 and 40215 of the Vehicle Code, relating to parking violations." +735,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 896 of the Civil Code is amended to read: +896. +In any action seeking recovery of damages arising out of, or related to deficiencies in, the residential construction, design, specifications, surveying, planning, supervision, testing, or observation of construction, a builder, and to the extent set forth in Chapter 4 (commencing with Section 910), a general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, shall, except as specifically set forth in this title, be liable for, and the claimant’s claims or causes of action shall be limited to violation of, the following standards, except as specifically set forth in this title. This title applies to original construction intended to be sold as an individual dwelling +unit. +unit and shall serve as the sole and exclusive remedy for any action seeking recovery for damages as described in this section. +As to condominium conversions, this title does not apply to or does not supersede any other statutory or common law. +(a) With respect to water issues: +(1) A door shall not allow unintended water to pass beyond, around, or through the door or its designed or actual moisture barriers, if any. +(2) Windows, patio doors, deck doors, and their systems shall not allow water to pass beyond, around, or through the window, patio door, or deck door or its designed or actual moisture barriers, including, without limitation, internal barriers within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any. +(3) Windows, patio doors, deck doors, and their systems shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any. +(4) Roofs, roofing systems, chimney caps, and ventilation components shall not allow water to enter the structure or to pass beyond, around, or through the designed or actual moisture barriers, including, without limitation, internal barriers located within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, and sheathing, if any. +(5) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow water to pass into the adjacent structure. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any. +(6) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow unintended water to pass within the systems themselves and cause damage to the systems. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any. +(7) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to cause damage to another building component. +(8) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to limit the installation of the type of flooring materials typically used for the particular application. +(9) Hardscape, including paths and patios, irrigation systems, landscaping systems, and drainage systems, that are installed as part of the original construction, shall not be installed in such a way as to cause water or soil erosion to enter into or come in contact with the structure so as to cause damage to another building component. +(10) Stucco, exterior siding, exterior walls, including, without limitation, exterior framing, and other exterior wall finishes and fixtures and the systems of those components and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall be installed in such a way so as not to allow unintended water to pass into the structure or to pass beyond, around, or through the designed or actual moisture barriers of the system, including any internal barriers located within the system itself. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any. +(11) Stucco, exterior siding, and exterior walls shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any. +(12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through its designed or actual moisture barriers including, without limitation, any internal barriers, so as to cause damage. This standard does not apply to those portions of any wall or drainage system that are designed to have water flow beyond, around, or through them. +(13) Retaining walls and site walls, and their associated drainage systems, shall only allow water to flow beyond, around, or through the areas designated by design. +(14) The lines and components of the plumbing system, sewer system, and utility systems shall not leak. +(15) Plumbing lines, sewer lines, and utility lines shall not corrode so as to impede the useful life of the systems. +(16) Sewer systems shall be installed in such a way as to allow the designated amount of sewage to flow through the system. +(17) Showers, baths, and related waterproofing systems shall not leak water into the interior of walls, flooring systems, or the interior of other components. +(18) The waterproofing system behind or under ceramic tile and tile countertops shall not allow water into the interior of walls, flooring systems, or other components so as to cause damage. Ceramic tile systems shall be designed and installed so as to deflect intended water to the waterproofing system. +(b) With respect to structural issues: +(1) Foundations, load bearing components, and slabs, shall not contain significant cracks or significant vertical displacement. +(2) Foundations, load bearing components, and slabs shall not cause the structure, in whole or in part, to be structurally unsafe. +(3) Foundations, load bearing components, and slabs, and underlying soils shall be constructed so as to materially comply with the design criteria set by applicable government building codes, regulations, and ordinances for chemical deterioration or corrosion resistance in effect at the time of original construction. +(4) A structure shall be constructed so as to materially comply with the design criteria for earthquake and wind load resistance, as set forth in the applicable government building codes, regulations, and ordinances in effect at the time of original construction. +(c) With respect to soil issues: +(1) Soils and engineered retaining walls shall not cause, in whole or in part, damage to the structure built upon the soil or engineered retaining wall. +(2) Soils and engineered retaining walls shall not cause, in whole or in part, the structure to be structurally unsafe. +(3) Soils shall not cause, in whole or in part, the land upon which no structure is built to become unusable for the purpose represented at the time of original sale by the builder or for the purpose for which that land is commonly used. +(d) With respect to fire protection issues: +(1) A structure shall be constructed so as to materially comply with the design criteria of the applicable government building codes, regulations, and ordinances for fire protection of the occupants in effect at the time of the original construction. +(2) Fireplaces, chimneys, chimney structures, and chimney termination caps shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire outside the fireplace enclosure or chimney. +(3) Electrical and mechanical systems shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire. +(e) With respect to plumbing and sewer issues: +Plumbing and sewer systems shall be installed to operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action may be brought for a violation of this subdivision more than four years after close of escrow. +(f) With respect to electrical system issues: +Electrical systems shall operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action shall be brought pursuant to this subdivision more than four years from close of escrow. +(g) With respect to issues regarding other areas of construction: +(1) Exterior pathways, driveways, hardscape, sidewalls, sidewalks, and patios installed by the original builder shall not contain cracks that display significant vertical displacement or that are excessive. However, no action shall be brought upon a violation of this paragraph more than four years from close of escrow. +(2) Stucco, exterior siding, and other exterior wall finishes and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall not contain significant cracks or separations. +(3) (A) To the extent not otherwise covered by these standards, manufactured products, including, but not limited to, windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, HVAC units, countertops, cabinets, paint, and appliances shall be installed so as not to interfere with the products’ useful life, if any. +(B) For purposes of this paragraph, “useful life” means a representation of how long a product is warranted or represented, through its limited warranty or any written representations, to last by its manufacturer, including recommended or required maintenance. If there is no representation by a manufacturer, a builder shall install manufactured products so as not to interfere with the product’s utility. +(C) For purposes of this paragraph, “manufactured product” means a product that is completely manufactured offsite. +(D) If no useful life representation is made, or if the representation is less than one year, the period shall be no less than one year. If a manufactured product is damaged as a result of a violation of these standards, damage to the product is a recoverable element of damages. This subparagraph does not limit recovery if there has been damage to another building component caused by a manufactured product during the manufactured product’s useful life. +(E) This title does not apply in any action seeking recovery solely for a defect in a manufactured product located within or adjacent to a structure. +(4) Heating shall be installed so as to be capable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet above the floor in any living space if the heating was installed pursuant to a building permit application submitted prior to January 1, 2008, or capable of maintaining a room temperature of 68 degrees Fahrenheit at a point three feet above the floor and two feet from exterior walls in all habitable rooms at the design temperature if the heating was installed pursuant to a building permit application submitted on or before January 1, 2008. +(5) Living space air-conditioning, if any, shall be provided in a manner consistent with the size and efficiency design criteria specified in Title 24 of the California Code of Regulations or its successor. +(6) Attached structures shall be constructed to comply with interunit noise transmission standards set by the applicable government building codes, ordinances, or regulations in effect at the time of the original construction. If there is no applicable code, ordinance, or regulation, this paragraph does not apply. However, no action shall be brought pursuant to this paragraph more than one year from the original occupancy of the adjacent unit. +(7) Irrigation systems and drainage shall operate properly so as not to damage landscaping or other external improvements. However, no action shall be brought pursuant to this paragraph more than one year from close of escrow. +(8) Untreated wood posts shall not be installed in contact with soil so as to cause unreasonable decay to the wood based upon the finish grade at the time of original construction. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. +(9) Untreated steel fences and adjacent components shall be installed so as to prevent unreasonable corrosion. However, no action shall be brought pursuant to this paragraph more than four years from close of escrow. +(10) Paint and stains shall be applied in such a manner so as not to cause deterioration of the building surfaces for the length of time specified by the paint or stain manufacturers’ representations, if any. However, no action shall be brought pursuant to this paragraph more than five years from close of escrow. +(11) Roofing materials shall be installed so as to avoid materials falling from the roof. +(12) The landscaping systems shall be installed in such a manner so as to survive for not less than one year. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. +(13) Ceramic tile and tile backing shall be installed in such a manner that the tile does not detach. +(14) Dryer ducts shall be installed and terminated pursuant to manufacturer installation requirements. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. +(15) Structures shall be constructed in such a manner so as not to impair the occupants’ safety because they contain public health hazards as determined by a duly authorized public health official, health agency, or governmental entity having jurisdiction. This paragraph does not limit recovery for any damages caused by a violation of any other paragraph of this section on the grounds that the damages do not constitute a health hazard. +SECTION 1. +Section 895 of the +Civil Code +is amended to read: +895. +(a)“Structure” means a residential dwelling, other building, or improvement located upon a lot or within a common area. +(b)“Designed moisture barrier” means an installed moisture barrier specified in the plans and specifications, contract documents, or manufacturer’s recommendations. +(c)“Actual moisture barrier” means a component or material, actually installed, that serves to any degree as a barrier against moisture, whether or not intended as a barrier against moisture. +(d)“Unintended water” means water that passes beyond, around, or through a component or the material that is designed to prevent that passage. +(e)“Close of escrow” means the date of the close of escrow between the builder and the original homeowner. With respect to claims by an association, as defined in Section 4080, “close of escrow” means the date of substantial completion, as defined in Section 337.15 of the Code of Civil Procedure, or the date the builder relinquishes control over the association’s ability to decide whether to initiate a claim under this title, whichever is later. +(f)“Claimant” or “homeowner” includes the individual owners of single-family homes, individual unit owners of attached dwellings and, in the case of a common interest development, an association as defined in Section 4080.","Existing law regulates actions seeking recovery on construction defects, as specified, on original construction intended to be sold as an individual dwelling +unit. Existing law defines certain terms for these purposes. +purchased new after January 1, 2003. Existing law provides that general contractors, subcontractors, material suppliers, product manufacturers, and design professionals may be liable for damages for construction defects if they caused, or contributed to, the violation of a particular standard as the result of a breach of contract or through negligence. Existing law also establishes certain prelitigation procedures for both the homeowner and defendants to engage in to attempt to resolve the claim prior to filing a lawsuit for construction defects, and also establishes the parameters of a legal action seeking recovery for construction defects. +This bill would +make nonsubstantive changes to these provisions +establish these provisions as the sole and exclusive remedy available for claims seeking recovery on construction defects, as specified +.","An act to amend Section +895 +896 +of the Civil Code, relating to construction defects." +736,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 21455.5 of the Vehicle Code is amended to read: +21455.5. +(a) Except or provided in subdivision (k), the limit line, the intersection, or a place designated in Section 21455, where a driver is required to stop, may be equipped with an automated traffic enforcement system if the governmental agency using the system meets all of the following requirements: +(1) Identifies the system by signs posted within 200 feet of an intersection where a system is operating that clearly indicate the system’s presence and are visible to traffic approaching from all directions in which the automated traffic enforcement system is being used to issue citations. A governmental agency using a system does not need to post signs visible to traffic approaching the intersection from directions not subject to the automated traffic enforcement system. Automated traffic enforcement systems installed as of January 1, 2013, shall be identified no later than January 1, 2014. +(2) Locates the system at an intersection and ensures that the system meets the criteria specified in Section 21455.7. +(b) Prior to issuing citations under this section, a local jurisdiction using an automated traffic enforcement system shall commence a program to issue only warning notices for 30 days. The local jurisdiction shall also make a public announcement of the automated traffic enforcement system at least 30 days prior to the commencement of the enforcement program. +(c) Only a governmental agency, in cooperation with a law enforcement agency, may operate an automated traffic enforcement system. A governmental agency that operates an automated traffic enforcement system shall do all of the following: +(1) Develop uniform guidelines for screening and issuing violations and for the processing and storage of confidential information. Establish procedures to ensure compliance with those guidelines. A governmental agency that operates an automated traffic enforcement system installed on or before January 1, 2013 shall establish those guidelines by January 1, 2014. +(2) Perform administrative functions and day-to-day functions, including, but not limited to, all of the following: +(A) Establishing guidelines for the selection of a location. Commencing January 1, 2013, before installing an automated traffic enforcement system the governmental agency shall make and adopt a finding of fact establishing that the system is needed at a specific location for reasons related to safety. +(B) Ensuring that the equipment is regularly inspected. +(C) Certifying that the equipment is properly installed and calibrated, and is operating properly. +(D) Regularly inspecting and maintaining warning signs placed pursuant to paragraph (1) of subdivision (a). +(E) Overseeing the establishment, change, and timing of signal phases. +(F) Maintaining controls necessary to ensure that only those citations that have been reviewed and approved by law enforcement are delivered to violators. +(d) The activities listed in subdivision (c) that relate to the operation of the system may be contracted out by the governmental agency, if it maintains overall control and supervision of the system. However, the activities listed in paragraph (1) of, and subparagraphs (A), (D), (E), and (F) of paragraph (2) of, subdivision (c) shall not be contracted out to the manufacturer or supplier of the automated traffic enforcement system. +(e) The printed representation of computer-generated information, video, or photographic images stored by an automated traffic enforcement system does not constitute an out-of-court hearsay statement by a declarant under Division 10 (commencing with Section 1200) of the Evidence Code. +(f) (1) Notwithstanding Section 6253 of the Government Code, or any other law, photographic records made by an automated traffic enforcement system shall be confidential, and shall be made available only to governmental agencies and law enforcement agencies and only for the purposes of this article. +(2) Confidential information obtained from the Department of Motor Vehicles for the administration or enforcement of this article shall be held confidential, and shall not be used for any other purpose. +(3) Except for court records described in Section 68152 of the Government Code, the confidential records and information described in paragraphs (1) and (2) may be retained for up to six months from the date the information was first obtained, or until final disposition of the citation, whichever date is later, after which time the information shall be destroyed in a manner that will preserve the confidentiality of any person included in the record or information. +(g) Notwithstanding subdivision (f), the registered owner or any individual identified by the registered owner as the driver of the vehicle at the time of the alleged violation shall be permitted to review the photographic evidence of the alleged violation. +(h) (1) A contract between a governmental agency and a manufacturer or supplier of automated traffic enforcement equipment shall not include a provision for the payment or compensation to the manufacturer or supplier based on the number of citations generated, or as a percentage of the revenue generated, as a result of the use of the equipment authorized under this section. +(2) Paragraph (1) does not apply to a contract that was entered into by a governmental agency and a manufacturer or supplier of automated traffic enforcement equipment before January 1, 2004, unless that contract is renewed, extended, or amended on or after January 1, 2004. +(3) A governmental agency that proposes to install or operate an automated traffic enforcement system shall not consider revenue generation, beyond recovering its actual costs of operating the system, as a factor when considering whether or not to install or operate a system within its local jurisdiction. +(i) A manufacturer or supplier that operates an automated traffic enforcement system pursuant to this section shall, in cooperation with the governmental agency, submit an annual report to the Judicial Council that includes, but is not limited to, all of the following information if this information is in the possession of, or readily available to, the manufacturer or supplier: +(1) The number of alleged violations captured by the systems they operate. +(2) The number of citations issued by a law enforcement agency based on information collected from the automated traffic enforcement system. +(3) For citations identified in paragraph (2), the number of violations that involved traveling straight through the intersection, turning right, and turning left. +(4) The number and percentage of citations that are dismissed by the court. +(5) The number of traffic collisions at each intersection that occurred prior to, and after the installation of, the automated traffic enforcement system. +(j) If a governmental agency using an automated traffic enforcement system has posted signs on or before January 1, 2013, that met the requirements of paragraph (1) of subdivision (a) of this section as it read on January 1, 2012, the governmental agency shall not remove those signs until signs are posted that meet the requirements specified in this section, as it reads on January 1, 2013. +(k) (1) Commencing January 1, 2016, a governmental agency shall not install an automated traffic enforcement system. +(2) A governmental agency that is operating an automated traffic enforcement system on January 1, 2016, may continue to operate the automated traffic enforcement system after that date only if the agency begins conducting, on or before February 28, 2016, a traffic safety study at each intersection where an automated traffic enforcement system is in use to determine whether the use of the system resulted in a +statistically significant +reduction in the number of traffic accidents +when the primary collision factor was a violation of subdivision (a) or (c) of Section 21453 +at that intersection. +The traffic study shall also determine whether rear-end collisions occurring within 100 feet of the intersection have increased. The methodology of the traffic safety study shall account for factors other than the automated traffic enforcement system that could have caused any reduction in red-light running, including, but not limited to, engineering countermeasures employed at the intersection, changes in traffic volume, effects of weather, collisions caused by impairment, statistical regression to the mean, and overall trends in red-light running collision rates. The study shall use, at a minimum, three years of data collected before the installation of the automated traffic enforcement system, and the entire period after installation, up to the date the study commences, if that data is available, and shall adjust for any differences between the two periods. +The traffic safety study shall be conducted according to standards consistent with the analysis of data approved by the federal National Highway Traffic Safety Administration for automated traffic enforcement systems. +All raw data used for, and referenced in, the study shall be clearly listed within the study to allow peer review. The study shall be completed on or before January 1, 2017. +(3) If the traffic safety study +shows +does not definitively show +that the use of an automated traffic enforcement system +did not reduce +reduced +the number of traffic accidents +caused by red-light running +that occurred at an intersection +equipped with an automated traffic enforcement system by a statistically significant number, or the study shows that there was an increase in rear-end collisions +, the governmental agency shall terminate the use of the system at that intersection no later than January 1, +2018. +2018, and no violation captured by the system after that date shall be used for prosecution. +(4) If the governmental agency uses an automated traffic enforcement system to cite motorists for right-turn violations, the agency shall, using the same criteria listed in paragraph (2), include in the study, an analysis of collisions caused by motorists’ failure to stop before turning right on a red light in violation of subdivision (a) or (c) of Section 21453. If the traffic safety study does not definitively show that the use of the automated traffic enforcement system reduced the number of traffic accidents caused by motorists’ failure to stop before turning right on a red light in violation of subdivision (a) or (c) of Section 21453 at an intersection equipped with an automated traffic enforcement system by a statistically significant number, the governmental agency shall terminate the use of the system to cite motorists for right turn violations at that intersection on or before January 1, 2018, and no violation captured by the system after that date shall be used for prosecution.","Existing law authorizes the limit line, intersection, or other places where a driver is required to stop to be equipped with an automated traffic enforcement system, as defined, if the system meets certain requirements. Existing law authorizes a governmental agency to contract out the operation of the system under certain circumstances, except for specified activities, that include, among other things, establishing guidelines for selection of the location of the system. +This bill would, beginning January 1, 2016, prohibit a governmental agency from installing an automated traffic enforcement system. The bill would authorize a governmental agency that is operating an automatic traffic enforcement system on that date to continue to do so after that date only if the agency begins conducting a traffic safety study on or before February 28, 2016, at each intersection where a system is in use to determine whether the use of the system resulted in a reduction in the number of traffic accidents +involving failing to stop at a red light or failing to stop at a red light when making a right turn +at that intersection. +The bill would require the traffic safety study to be completed on or before January 1, 2017. +The bill would require the governmental agency to terminate the use of an automated traffic enforcement system at an intersection no later than January 1, 2018, if the traffic safety study shows that the use of the system did not reduce the number of traffic accidents that occurred at that intersection +by a statistically significant number +.","An act to amend Section 21455.5 of the Vehicle Code, relating to vehicles." +737,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 7.5 (commencing with Section 8239.5) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: +Article 7.5. California Preschool Investment Pilot Program +8239.5. +The Legislature finds and declares that by providing an additional source of funding, the state can expand the number of preschool slots and the number of subsidies provided to help reduce the waitlist for parents seeking prekindergarten child care assistance. +8239.6. +For purposes of this article, the following terms have the following meanings: +(a) “Department” means the State Department of Education. +(b) “Fund” means the California Preschool Investment Fund. +(c) “Person” means an individual, partnership, corporation, limited liability company, association, or other group, however organized. +(d) “Program” means the five-county investor funded preschool pilot program. +8239.7. +(a) +No later than +On or before +June 1, 2016, a county may apply to the department for consideration of inclusion in the program. For purposes of this section, a county’s local child care and development planning council, established pursuant to Chapter 2.3 (commencing with Section 8499), shall be responsible for making the application authorized pursuant to this section. +(b) +No later than +On or before +September 1, 2016, the department shall determine, pursuant to subdivision (c), the five counties that shall be included in the program. When making this determination, the department shall ensure that urban, suburban, and rural counties are represented in the program. +(c) The department shall make the determination of which five counties shall be included in the program by giving priority to counties that meet any of the following factors: +(1) The length of the county’s waitlist of individuals seeking public child care assistance. +(2) The ability to increase the number of preschool slots available to children in the county. +(3) Whether the county received federal Race to the Top funds, authorized under the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), with favorable consideration going to the counties that received the funds. +8239.8. +(a) (1) The department may accept monetary contributions made by a person for funding the purposes of this article. The California Preschool Investment Fund is hereby created in the State Treasury to receive any monetary contributions made pursuant to this article. +(2) (A) The department shall establish a procedure for a person to make monetary contributions to the fund and for a person to obtain from the department a receipt that indicates the amount of monetary contributions made by that person. The receipt shall also contain, at minimum, the date the monetary contribution was made, the name of the person who made the contribution, the amount of the monetary contribution, and whether the person has or has not been allocated a tax credit pursuant to Section 17053.87 or 23687 of the Revenue and Taxation Code. +(B) Subject to the annual cap as provided in subdivision (f) of Sections 17053.87 and 23687 of the Revenue and Taxation Code, the department shall allocate credits to contributors on a first-come-first-served basis. +(C) The department shall notify the Franchise Tax Board of the credits allocated on at least a monthly basis, and the Franchise Tax Board and the department shall place this information on their respective Internet Web sites together with information as to the amount of remaining credits, at least every calendar quarter, including information as to whether the cap described in subdivision (f) of Sections 17053.87 and 23687 of the Revenue and Taxation Code may be reached by the end of the calendar quarter. +(3) Moneys in the fund shall be allocated as follows: +(A) First, moneys in the fund shall be transferred to the General Fund in an amount equal to the aggregate amount of certified credits allowed pursuant to Sections 17053.87 and 23687 of the Revenue and Taxation Code for the taxable year. +(B) Second, upon appropriation: +(i) To the Franchise Tax Board and the department for reimbursement of all administrative costs incurred by those agencies in connection with their duties under this article. +(ii) To the department for the purposes of this article, as provided in subdivision (b). +(b) The moneys appropriated to the department pursuant to clause (ii) of subparagraph (B) of paragraph (3) of subdivision (a) shall be used to fund the California state preschool programs, pursuant to Article 7 (commencing with 8235). The moneys shall only be used to support state preschools located in one of the five counties participating in the program. +8239.9. +A county selected to participate in the program pursuant to Section 8239.7 shall annually report to the department’s Early Education & Support Division. The report shall contain the county’s assessment of how the program is performing. +8239.10. +(a) This article shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +(b) Any moneys remaining in the fund as of January 1, 2021, shall be transferred to any other state fund identified by the department that provides funding for increased access to preschool programs for low-income children. +SEC. 2. +Section 41202 of the Education Code is amended to read: +41202. +The words and phrases set forth in subdivision (b) of Section 8 of Article XVI of the Constitution of the State of California shall have the following meanings: +(a) “Moneys to be applied by the State,” as used in subdivision (b) of Section 8 of Article XVI of the California Constitution, means appropriations from the General Fund that are made for allocation to school districts, as defined, or community college districts. An appropriation that is withheld, impounded, or made without provisions for its allocation to school districts or community college districts shall not be considered to be “moneys to be applied by the State.” +(b) (1) “General Fund revenues which may be appropriated pursuant to Article XIII B,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means General Fund revenues that are the proceeds of taxes as defined by subdivision (c) of Section 8 of Article XIII B of the California Constitution, including, for the 1986–87 fiscal year only, any revenues that are determined to be in excess of the appropriations limit established pursuant to Article XIII B of the California Constitution for the fiscal year in which they are received. General Fund revenues for a fiscal year to which paragraph (1) of subdivision (b) is being applied shall include, in that computation, only General Fund revenues for that fiscal year that are the proceeds of taxes, as defined in subdivision (c) of Section 8 of Article XIII B of the California Constitution, and shall not include prior fiscal year revenues. Commencing with the 1995–96 fiscal year, and each fiscal year thereafter, “General Fund revenues that are the proceeds of taxes,” as defined in subdivision (c) of Section 8 of Article XIII B of the California Constitution, includes any portion of the proceeds of taxes received from the state sales tax that are transferred to the counties pursuant to, and only if, legislation is enacted during the 1995–96 fiscal year the purpose of which is to realign children’s programs. The amount of the proceeds of taxes shall be computed for any fiscal year in a manner consistent with the manner in which the amount of the proceeds of taxes was computed by the Department of Finance for purposes of the Governor’s Budget for the Budget Act of 1986. +(2) (A) For purposes of calculating the moneys to be applied by the state, as used in subdivision (b) of Section 8 of Article XVI of the California Constitution, the “General Fund revenues that are the proceeds of taxes,” as defined in subdivision (c) of Section 8 of Article XIII   B of the California Constitution, shall include the total annual amount of credit claimed pursuant to Sections 17053.87 and 23687 of the Revenue and Taxation Code as though they were proceeds of taxes. +(B) This paragraph shall become inoperative on January 1, 2021. +(c) “General Fund revenues appropriated for school districts,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to school districts, as defined in Section 41302.5, regardless of whether those appropriations were made from the General Fund to the Superintendent, to the Controller, or to any other fund or state agency for the purpose of allocation to school districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (1) of subdivision (b) of Article XVI of the California Constitution, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations. +(d) “General Fund revenues appropriated for community college districts,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to community college districts, regardless of whether those appropriations were made from the General Fund to the Controller, to the Chancellor of the California Community Colleges, or to any other fund or state agency for the purpose of allocation to community college districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (1) of subdivision (b) of Article XVI of the California Constitution, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations. +(e) “Total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to school districts, as defined in Section 41302.5, and community college districts, regardless of whether those appropriations were made from the General Fund to the Controller, to the Superintendent, to the Chancellor of the California Community Colleges, or to any other fund or state agency for the purpose of allocation to school districts and community college districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations. +(f) “General Fund revenues appropriated for school districts and community college districts, respectively” and “moneys to be applied by the state for the support of school districts and community college districts,” as used in Section 8 of Article XVI of the California Constitution, shall include funds appropriated for part-day California state preschool programs under Article 7 (commencing with Section 8235) of Chapter 2 of Part 6 of Division 1 of Title 1, and the After School Education and Safety Program established pursuant to Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1, and shall not include any of the following: +(1) Any appropriation that is not made for allocation to a school district, as defined in Section 41302.5, or to a community college district, regardless of whether the appropriation is made for any purpose that may be considered to be for the benefit to a school district, as defined in Section 41302.5, or a community college district. This paragraph shall not be construed to exclude any funding appropriated for part-day California state preschool programs under Article 7 (commencing with Section 8235) of Chapter 2 of Part 6 of Division 1 of Title 1 or the After School Education and Safety Program established pursuant to Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1. +(2) Any appropriation made to the Teachers’ Retirement Fund or to the Public Employees’ Retirement Fund except those appropriations for reimbursable state mandates imposed on or before January 1, 1988. +(3) Any appropriation made to service any public debt approved by the voters of this state. +(4) With the exception of the programs identified in paragraph (1), commencing with the 2011–12 fiscal year, any funds appropriated for the Child Care and Development Services Act, pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1. +(g) “Allocated local proceeds of taxes,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means, for school districts as defined, those local revenues, except revenues identified pursuant to paragraph (5) of subdivision (j) of Section 42238.02, that are used to offset state aid for school districts in calculations performed pursuant to Sections 2575, 42238.02, and Chapter 7.2 (commencing with Section 56836) of Part 30. +(h) “Allocated local proceeds of taxes,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means, for community college districts, those local revenues that are used to offset state aid for community college districts. In no event shall the revenues or receipts derived from student fees be considered “allocated local proceeds of taxes.” +(i) For purposes of calculating the 4-percent entitlement pursuant to subdivision (a) of Section 8.5 of Article XVI of the California Constitution, “the total amount required pursuant to Section 8(b)” shall mean the General Fund aid required for schools pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution, and shall not include allocated local proceeds of taxes. +SEC. 3. +Section 17053.87 is added to the Revenue and Taxation Code, to read: +17053.87. +(a) For taxable years beginning on or after January 1, 2016, and before January 1, 2020, there shall be allowed as a credit against the “net tax,” as defined in Section 17039, an amount equal to 40 percent of the amount contributed by the taxpayer during the taxable year to the California Preschool Investment Fund, created by Section 8239.8 of the Education Code. +(b) A credit shall only be allowed if the taxpayer has received a receipt from the State Department of Education pursuant to Section 8239.8 of the Education Code that indicates that the taxpayer has made a contribution to the California Preschool Investment Fund and that a credit would be allowed under this section. The taxpayer shall provide the receipt upon request to the Franchise Tax Board. +(c) (1) In the case where the credit allowed by this section exceeds the “net tax,” the excess may be carried over to reduce the “net tax” in the following year, and succeeding four years if necessary, until the credit is exhausted. +(2) A deduction otherwise allowed under this part for any amount contributed by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed in subdivision (a). +(d) Credit under this section shall be allowed only for credits claimed on a timely filed original return of the taxpayer. +(e) (1) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. +(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. +(f) The aggregate amount of credit that may be allowed pursuant to this section and Section 23687 shall not exceed two hundred fifty million dollars ($250,000,000) for each calendar year. +(g) This section is repealed on December 1, 2020. +SEC. 4. +Section 23687 is added to the Revenue and Taxation Code, to read: +23687. +(a) For taxable years beginning on or after January 1, 2016, and before January 1, 2020, there shall be allowed as a credit against the “tax,” as defined in Section 23036, an amount equal to 40 percent of the amount contributed by the taxpayer during the taxable year to the California Preschool Investment Fund, created by Section 8239.8 of the Education Code. +(b) A credit shall only be allowed if the taxpayer has received a receipt from the State Department of Education pursuant to Section 8239.8 of the Education Code that indicates that the taxpayer has made a contribution to the California Preschool Investment Fund and that a credit would be allowed under this section. The taxpayer shall provide the receipt upon request to the Franchise Tax Board. +(c) (1) In the case where the credit allowed by this section exceeds the “tax,” the excess may be carried over to reduce the “tax” in the following year, and succeeding four years if necessary, until the credit is exhausted. +(2) A deduction otherwise allowed under this part for any amount contributed by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed in subdivision (a). +(d) Credit under this section shall be allowed only for credits claimed on a timely filed original return of the taxpayer. +(e) (1) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. +(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. +(f) The aggregate amount of credit that may be allowed pursuant to this section and Section 17053.87 shall not exceed two hundred fifty million dollars ($250,000,000) for each calendar year. +(g) This section is repealed on December 1, 2020.","Existing law, the Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age. Existing law requires the Superintendent to administer all California state preschool programs, including, but not limited to, part-day and full-day age and developmentally appropriate programs for 3- and 4-year-old children. +This bill would, until January 1, 2021, authorize the department, as part of a pilot program, to accept monetary contributions made to the California Preschool Investment Fund, which this bill would create, by a person for purposes of preschool education, as provided. The bill would require the money in the fund to be used to, among other things, fund state preschools part of the California state preschool program located in one of the 5 +participating counties, +counties participating in the pilot program, +as provided. The bill would require participating counties to report to the department’s Early Education & Support Division regarding the county’s assessment of how the pilot program is performing. The bill would require any moneys remaining in the fund after January 1, 2021, to be transferred to any other state fund identified by the department that provides funding for increased access to preschool programs for low-income children. +The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. +This bill, under both laws, for taxable years beginning on or after January 1, 2016, and before January 1, 2020, would allow a credit equal to 40% of the amount contributed by the taxpayer during the taxable year to the California Preschool Investment Fund, as provided. The bill would limit the aggregate amount of credit allowed under both laws to not exceed $250,000,000 and would require the State Department of Education to establish a procedure for a person to obtain from the department a receipt indicating specified information, including the amount of monetary contributions made, for purposes of the tax credits allowed under these provisions. +The +This +bill would, until January 1, 2021, require the total annual amount of credits claimed pursuant to these provisions to be treated as though they were proceeds of taxes for purposes of calculating the moneys to be applied by the state for the support of school districts and community college districts pursuant to a specified provision of the California Constitution.","An act to amend Section 41202 of, and to add and repeal Article 7.5 (commencing with Section 8239.5) of Chapter 2 of Part 6 of Division 1 of Title 1 of, the Education Code, and to add and repeal Sections 17053.87 and 23687 of the Revenue and Taxation Code, relating to preschool funding." +738,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 51225.1 of the Education Code is amended to read: +51225.1. +(a) Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, or a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, who transfers between schools any time after the completion of the pupil’s second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school. +(b) If the school district determines that the pupil in foster care, or the pupil who is a homeless child or youth, is reasonably able to complete the school district’s graduation requirements within the pupil’s fifth year of high school, the school district shall do all of the following: +(1) Inform the pupil of his or her option to remain in school for a fifth year to complete the school district’s graduation requirements. +(2) Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school district’s graduation requirements will affect the pupil’s ability to gain admission to a postsecondary educational institution. +(3) Provide information to the pupil about transfer opportunities available through the California Community Colleges. +(4) Permit the pupil to stay in school for a fifth year to complete the school district’s graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil. +(c) To determine whether a pupil in foster care, or a pupil who is a homeless child or youth, is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupil’s school enrollment may be used, whichever will qualify the pupil for the exemption. +(d) (1) (A) Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker, of the availability of the exemption and whether the pupil qualifies for an exemption. +(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section. +(2) (A) Within 30 calendar days of the date that a pupil who is a homeless child or youth may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption. +(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section. +(e) If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year in high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school. +(f) If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupil’s ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges. +(g) A pupil in foster care, or a pupil who is a homeless child or youth, who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements. +(h) If a pupil in foster care, or a pupil who is a homeless child or youth, is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption. +(i) If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption. +(j) (1) If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district. +(2) If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district. +(k) A school district shall not require or request a pupil in foster care, or a pupil who is a homeless child or youth, to transfer schools in order to qualify the pupil for an exemption pursuant to this section. +(l) (1) A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. +(2) A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires a school district, except as provided, to exempt a pupil in foster care, as defined, or a pupil who is a homeless child or youth, as defined, who transfers between schools any time after the completion of the pupil’s 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to certain statewide coursework requirements. Existing law requires the school district to notify specified individuals, including a pupil in foster care or a pupil who is a homeless child or youth, within 30 calendar days of the date that a pupil who may qualify for the exemption from local graduation requirements transfers into a school, of the availability of the exemption and whether the pupil qualifies for an exemption. +This bill would, if the school district fails to provide that notification, declare the effected pupil eligible for the exemption from local graduation requirements once notified, even if that notification is received after the termination of the court’s jurisdiction over the pupil or after the pupil is no longer a homeless child or youth, as applicable, if the pupil otherwise qualifies for the exemption. +Existing law requires, if a pupil in foster care is exempted from local graduation requirements, that the exemption continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district. +This bill would require, if a pupil who is a homeless child or youth is exempted from local graduation requirements, that the exemption continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district. +By requiring school districts to perform additional duties in complying with the exemption requirement, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 51225.1 of the Education Code, relating to pupils." +739,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 832.3 of the Penal Code is amended to read: +832.3. +(a) Except as provided in subdivision (e), any sheriff, undersheriff, or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a police department, who is first employed after January 1, 1975, shall successfully complete a course of training prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer, except while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. Each police chief, or any other person in charge of a local law enforcement agency, appointed on or after January 1, 1999, as a condition of continued employment, shall complete the course of training pursuant to this subdivision within two years of appointment. The training course for a sheriff, an undersheriff, and a deputy sheriff of a county, and a police chief and a police officer of a city or any other local law enforcement agency, shall be the same. +(b) For the purpose of ensuring competent peace officers and standardizing the training required in subdivision (a), the commission shall develop a testing program, including standardized tests that enable (1) comparisons between presenters of the training and (2) assessments of trainee achievement. The trainees’ test scores shall be used only for the purposes enumerated in this subdivision and those research purposes as shall be approved in advance by the commission. The commission shall take all steps necessary to maintain the confidentiality of the test scores, test items, scoring keys, and other examination data used in the testing program required by this subdivision. The commission shall determine the minimum passing score for each test and the conditions for retesting students who fail. Passing these tests shall be required for successful completion of the training required in subdivision (a). Presenters approved by the commission to provide the training required in subdivision (a) shall administer the standardized tests or, at the commission’s option, shall facilitate the commission’s administration of the standardized tests to all trainees. +(c) Notwithstanding subdivision (c) of Section 84500 of the Education Code and any regulations adopted pursuant thereto, community colleges may give preference in enrollment to employed law enforcement trainees who shall complete training as prescribed by this section. At least 15 percent of each presentation shall consist of nonlaw enforcement trainees if they are available. Preference should only be given when the trainee could not complete the course within the time required by statute, and only when no other training program is reasonably available. Average daily attendance for these courses shall be reported for state aid. +(d) Prior to July 1, 1987, the commission shall make a report to the Legislature on academy proficiency testing scores. This report shall include an evaluation of the correlation between academy proficiency test scores and performance as a peace officer. +(e) (1) Any deputy sheriff described in subdivision (c) of Section 830.1 shall be exempt from the training requirements specified in subdivisions (a) and (b) as long as his or her assignments remain custodial related. +(2) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the training for peace officers pursuant to subdivision (a) of Section 832, and within 120 days after the date of employment, shall complete the training required by the Board of State and Community Corrections for custodial personnel pursuant to Section 6035, and the training required for custodial personnel of local detention facilities pursuant to Division 1 (commencing with Section 100) of Title 15 of the California Code of Regulations. +(3) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the course of training pursuant to subdivision (a) prior to being reassigned from custodial assignments to duties with responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. A deputy sheriff who has completed the course of training pursuant to subdivision (a) and has been hired as a deputy sheriff described in subdivision (c) of Section 830.1 shall be eligible to be reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state within three years of completing the training pursuant to subdivision (a). A deputy sheriff shall be eligible for reassignment within five years of having completed the training pursuant to subdivision (a) without having to complete a requalification for the regular basic course provided that all of the following are satisfied: +(A) The deputy sheriff remains continuously employed by the same department in which the deputy sheriff is being reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. +(B) The deputy sheriff maintains the perishable skills training required by the commission for peace officers assigned to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. +(f) Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete a basic course of training as prescribed by subdivision (a) before exercising the powers of a peace officer. A school police officer shall not be subject to this subdivision while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. +(g) The commission shall prepare a specialized course of instruction for the training of school peace officers, as defined in Section 830.32, to meet the unique safety needs of a school environment. This course is intended to supplement any other training requirements. +(h) Any school peace officer first employed by a K–12 public school district or California Community College district before July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) no later than July 1, 2002. Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) within two years of the date of first employment. +(i) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. +SEC. 2. +Section 832.3 is added to the Penal Code, to read: +832.3. +(a) Except as provided in subdivision (e), any sheriff, undersheriff, or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a police department, who is first employed after January 1, 1975, shall successfully complete a course of training prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer, except while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. Each police chief, or any other person in charge of a local law enforcement agency, appointed on or after January 1, 1999, as a condition of continued employment, shall complete the course of training pursuant to this subdivision within two years of appointment. The training course for a sheriff, an undersheriff, and a deputy sheriff of a county, and a police chief and a police officer of a city or any other local law enforcement agency, shall be the same. +(b) For the purpose of ensuring competent peace officers and standardizing the training required in subdivision (a), the commission shall develop a testing program, including standardized tests that enable (1) comparisons between presenters of the training and (2) assessments of trainee achievement. The trainees’ test scores shall be used only for the purposes enumerated in this subdivision and those research purposes as shall be approved in advance by the commission. The commission shall take all steps necessary to maintain the confidentiality of the test scores, test items, scoring keys, and other examination data used in the testing program required by this subdivision. The commission shall determine the minimum passing score for each test and the conditions for retesting students who fail. Passing these tests shall be required for successful completion of the training required in subdivision (a). Presenters approved by the commission to provide the training required in subdivision (a) shall administer the standardized tests or, at the commission’s option, shall facilitate the commission’s administration of the standardized tests to all trainees. +(c) Notwithstanding subdivision (c) of Section 84500 of the Education Code and any regulations adopted pursuant thereto, community colleges may give preference in enrollment to employed law enforcement trainees who shall complete training as prescribed by this section. At least 15 percent of each presentation shall consist of nonlaw enforcement trainees if they are available. Preference should only be given when the trainee could not complete the course within the time required by statute, and only when no other training program is reasonably available. Average daily attendance for these courses shall be reported for state aid. +(d) Prior to July 1, 1987, the commission shall make a report to the Legislature on academy proficiency testing scores. This report shall include an evaluation of the correlation between academy proficiency test scores and performance as a peace officer. +(e) (1) Any deputy sheriff described in subdivision (c) of Section 830.1 shall be exempt from the training requirements specified in subdivisions (a) and (b) as long as his or her assignments remain custodial related. +(2) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the training for peace officers pursuant to subdivision (a) of Section 832, and within 120 days after the date of employment, shall complete the training required by the Board of State and Community Corrections for custodial personnel pursuant to Section 6035, and the training required for custodial personnel of local detention facilities pursuant to Division 1 (commencing with Section 100) of Title 15 of the California Code of Regulations. +(3) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the course of training pursuant to subdivision (a) prior to being reassigned from custodial assignments to duties with responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. +(f) Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete a basic course of training as prescribed by subdivision (a) before exercising the powers of a peace officer. A school police officer shall not be subject to this subdivision while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. +(g) The commission shall prepare a specialized course of instruction for the training of school peace officers, as defined in Section 830.32, to meet the unique safety needs of a school environment. This course is intended to supplement any other training requirements. +(h) Any school peace officer first employed by a K–12 public school district or California Community College district before July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) no later than July 1, 2002. Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) within two years of the date of first employment. +(i) This section shall become operative January 1, 2019.","Existing law requires peace officers to complete a basic training course prescribed by the Commission on Peace Officer Standards and Training and to pass an examination developed by the commission. Existing law generally requires a person who does not become employed as a peace officer within 3 years of passing the examination, or who has a 3-year or longer break in service, to pass the examination before exercising the powers of a peace officer. +Under existing law, in certain counties, any deputy sheriff, who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her employment and for the purpose of carrying out the primary functions of employment relating to his or her custodial assignments, or when performing other law enforcement duties directed by his or her employing agency during a local state of emergency. +This bill would, until January 1, 2019, exempt a custodial peace officer within the class specified above who is appointed as a peace officer performing police functions from the requirement to retake the examination if he or she has been continuously employed as a custodial peace officer of that class for a period not exceeding 5 years by the agency making the appointment and maintains specified skills during that period.","An act to amend, repeal, and add Section 832.3 of the Penal Code, relating to peace officers." +740,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 6.7 (commencing with Section 6970) is added to Part 1 of Division 2 of the Public Contract Code, to read: +CHAPTER 6.7. Construction Manager/General Contractor Method: Regional Projects on Expressways +6970. +(a) This chapter provides for an alternative procurement procedure for certain transportation projects performed by a regional transportation agency. +(b) The Construction Manager/General Contractor method allows the regional transportation agency to engage a construction manager during the design process to provide input on the design. During the design phase, the construction manager provides advice including, but not limited to, scheduling, pricing, and phasing to assist the agency to design a more constructible project. +(c) The Legislature finds and declares that utilizing a Construction Manager/General Contractor method requires a clear understanding of the roles and responsibilities of each participant in the process. The Legislature also finds and declares that cost-effective benefits are achieved by shifting the liability and risk for cost containment and project schedule to the construction manager and by permitting the coherent phasing of projects into discrete contract increments. +6971. +For purposes of this chapter, the following definitions apply: +(a) “Construction manager” means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting and engineering services as needed pursuant to a Construction Manager/General Contractor method contract. +(b) “Construction Manager/General Contractor method” means a project delivery method in which a construction manager is procured to provide preconstruction services during the design phase of the project and construction services during the construction phase of the project. The contract for construction services may be entered into at the same time as the contract for preconstruction services, or at a later time. The execution of the design and the construction of the project may be in sequential phases or concurrent phases. +(c) “Preconstruction services” means advice during the design phase, including, but not limited to, scheduling, pricing, and phasing to assist the regional transportation agency to design a more constructible project. +(d) “Project” means the construction of an expressway that is not on the state highway system. +(e) “Regional transportation agency” means any of the following: +(1) A transportation planning agency described in Section 29532 or 29532.1 of the Government Code. +(2) A county transportation commission established under Section 130050, 130050.1, or 130050.2 of the Public Utilities Code. +(3) Any other local or regional transportation entity that is designated by statute as a regional transportation agency. +(4) A joint exercise of powers authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, with the consent of a transportation planning agency or a county transportation commission for the jurisdiction in which the transportation project will be developed. +(5) A local transportation authority created or designated pursuant to Division 12.5 (commencing with Section 131000) or Division 19 (commencing with Section 180000) of the Public Utilities Code. +(6) The Santa Clara Valley Transportation Authority established pursuant to Part 12 (commencing with Section 100000) of Division 10 of the Public Utilities Code. +6972. +(a) A regional transportation agency may utilize the Construction Manager/General Contractor method of procurement to design and construct projects if the projects are developed in accordance with an expenditure plan approved by voters. +(b) A regional transportation agency may enter into a Construction Manager/General Contractor contract pursuant to this chapter after evaluation of the traditional design-bid-build method of construction and of the Construction Manager/General Contractor method and the board of the regional transportation agency affirmatively adopts the procurement strategy in a public meeting. +(c) The entity responsible for the maintenance of the local streets and roads within the jurisdiction of the expressway shall be responsible for the maintenance of the expressway. +6973. +Construction Manager/General Contractor method projects authorized pursuant to Section 6972 shall be governed by the same process, procedures, and requirements as set forth in Section 6703, subdivision (a) of Section 6704, and Sections 6705 to 6708, inclusive, except that any reference to “department” shall mean the regional transportation agency. +6974. +(a) Upon completion of a project using the Construction Manager/General Contractor method, the regional transportation agency shall prepare a progress report to its governing body. The progress report shall include, but not be limited to, all of the following information: +(1) A description of the project. +(2) The name of the entity that was awarded the project. +(3) The estimated and actual costs of the project. +(4) The estimated and actual schedule for project completion. +(5) A description of any written protests concerning any aspect of the solicitation, bid, proposal, or award of the project, including, but not limited to, the resolution of the protests. +(6) An assessment of the prequalification process and criteria required by this chapter. +(7) A description of the method used to evaluate the bid or proposal, including the weighting of each factor and an assessment of the impact of this requirement on a project. +(8) A description of any challenges or unexpected problems that arose during the construction of the project and a description of the solutions that were considered and ultimately implemented to address those challenges and problems. +(9) Recommendations to improve the Construction Manager/General Contractor method authorized by this chapter. +(b) The progress report shall be made available on the regional transportation agency’s Internet Web site. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally sets forth the requirements for the solicitation and evaluation of bids and the awarding of contracts by local agencies for public works contracts. Existing law authorizes the Department of Transportation, the Santa Clara County Valley Transportation Authority, and the San Diego Association of Governments to use the Construction Manager/General Contractor project delivery method for transit projects within their respective jurisdictions, subject to certain conditions and requirements. +This bill would authorize regional transportation agencies, as defined, to use the Construction Manager/General Contractor project delivery method, as specified, to design and construct certain expressways that are not on the state highway system if: (1) the expressways are developed in accordance with an expenditure plan approved by voters, (2) there is an evaluation of the traditional design-bid-build method of construction and of the Construction Manager/General Contractor method, and (3) the board of the regional transportation agency adopts the method in a public meeting. The bill would require the regional transportation agency to provide a report, containing specified information, to its governing body upon completion of a project using the Construction Manager/General Contractor method. The bill would require specified information provided to a regional transportation agency to be verified under oath. By expanding the scope of the existing crime of perjury, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Chapter 6.7 (commencing with Section 6970) to Part 1 of Division 2 of the Public Contract Code, relating to public contracts." +741,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 3.9 (commencing with Section 8574.50) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read: +Article 3.9. California Cyber Security +8574.50. +(a) There is hereby continued in existence the California Cyber Security Task Force, created in 2013 by the Governor’s Office of Emergency Services and the Department of Technology, in the Governor’s Office of Emergency Services. +(b) The California Cyber Security Task Force shall consist of the following members: +(1) The Director of Emergency Services, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Office of Emergency Services’ information technology and information security duties. +(2) The Director of the Department of Technology, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the director’s information technology and information security duties set forth in Chapter 5.6 (commencing with Section 11545). +(3) The Attorney General, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Department of Justice’s information technology and information security. +(4) The Adjutant General of the Military Department, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Military Department’s information technology and information security. +(5) The Commissioner of the California Highway Patrol, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Department of the California Highway Patrol’s information technology and information security. +(6) A representative of the Public Utilities Commission or California Energy Commission with knowledge, expertise, and decisionmaking authority with respect to information technology and information security, who shall be appointed by the Governor. +(7) A representative from the utility or energy industry, who shall be appointed by the Governor. +(8) A representative from law enforcement, who shall be appointed by the Governor. +(9) Three individuals with cyber security expertise, who shall be appointed, one each, by the Governor, the Senate Rules Committee, and the Speaker of the Assembly. +(c) The California Cyber Security Task Force may convene stakeholders, both public and private, to act in an advisory capacity and compile policy recommendations on cyber security for the State of California. The California Cyber Security Task Force shall complete and issue a report of policy recommendations to the Governor’s office and the Legislature on an annual basis. The report shall be completed in compliance with Section 9795. +(d) The California Cyber Security Task Force shall meet quarterly, or more often as necessitated by emergency circumstances, within existing resources to ensure that the policy recommendations from the report are implemented and any necessary modifications that may arise are addressed in a timely manner. +(e) The Governor’s Office of Emergency Services and the Department of Technology may conduct the strategic direction of risk assessments performed by the Military Department’s Computer Network Defense Team as budgeted in Item 8940-001-0001 of the Budget Act of 2014. +8574.51. +There is within the Governor’s Office of Emergency Services a State Director of Cyber Security, appointed by the Governor and +confirmed by the Senate, +subject to Senate confirmation, +who shall do all of the following: +(a) Be the Executive Director of the California Cyber Security Task Force. +(b) Provide strategic direction of risk assessments performed with state resources. +(c) Complete a risk profile of state assets and capabilities for the purpose of compiling statewide contingency plans including, but not limited to, Emergency Function 18 of the State Emergency Plan. +(d) Act as point of contact to the federal government and private entities within the state in the event of a relevant emergency as declared by the Governor. +(e) Be an adviser to the Governor’s Office of Emergency Services and the Department of Technology on cyber security. +8574.52. +The Cyber Security Task Force shall perform the following functions based on the following priorities: +(a) Develop within state government cyber prevention, defense, and response strategies and define a hierarchy of command within the state for this purpose. This duty includes, but is not limited to, the following activities: +(1) Ensuring the continual performance of risk assessments on state information technology systems. The assessments shall include penetration tests, vulnerability scans, and other industry-standard methods that identify potential risk. +(2) Using assessment results and other state-level data to create a risk profile of public assets, critical infrastructure, public networks, and private operations susceptible to cyber-attacks. The risk profile shall include the development of statewide contingency plans including, but not limited to, Emergency Function 18 of the State Emergency Plan. +(b) Partner with the United States Department of Homeland Security to develop an appropriate information sharing system that allows for a controlled and secure process to effectively disseminate cyber threat and response information and data to relevant private and public sector entities. This information sharing system shall reflect state priorities and target identified threat and capability gaps. +(c) Provide recommendations for information technology security standards for all state agencies using, among other things, protocols established by the National Institute for Standards and Technology and reflective of appropriate state priorities. +(d) Compile and integrate, as appropriate, the research conducted by academic institutions, federal laboratories, and other cyber security experts into state operations and functions. +(e) Expand the state’s public-private cyber security partnership network. +(f) Expand collaboration with the state’s law enforcement apparatus assigned jurisdiction to prevent, deter, investigate, and prosecute cyber attacks and information technology crime, including collaboration with entities like the High-Tech Theft Apprehension Program, and its five regional task forces, the Department of the California Highway Patrol, and the Attorney General’s eCrimes unit. Collaboration shall include information sharing that will enhance their capabilities including assistance to better align their activities with federal and local resources, provide additional resources, and extend their efforts into regions of the state not currently represented. +(g) Propose, where appropriate, potential operational or functional enhancement to the state’s cyber security assessment and response capabilities, as well as investment or spending recommendation and guidance for the state’s information technology budget and procurement. +8574.53. +The California Cyber Security Task Force shall take all necessary steps to protect personal information and privacy, public and private sector data, and the constitutional rights and liberties of individuals, when implementing its duties. +8574.54. +(a) The California Cyber Security Task Force may issue reports, in addition to the report described in subdivision (c) of Section 8574.51, to the Governor’s office and the Legislature detailing the activities of the task force, including, but not limited to, progress on the California Cyber Security Task Force’s various tasks and actions taken and recommended in response to an incident, as appropriate. +(b) The reports shall be submitted in compliance with Section 9795. +8574.55. +The California Cyber Security Task Force may engage or accept the services of agency or department personnel, accept the services of stakeholder organizations, and accept federal, private, or other nonstate funding, to operate, manage, or conduct the business of the California Cyber Security Task Force. +8574.56. +Each department and agency shall cooperate with the California Cyber Security Task Force and furnish it with information and assistance that is necessary or useful to further the purposes of this article. +8574.57. +This article shall become inoperative on January 1, 2020, and shall be repealed as of that date.","Existing law establishes various advisory boards and commissions in state government with specified duties and responsibilities. Existing law establishes in state government the Governor’s Office of Emergency Services and the Department of Technology. +This bill would continue in existence the California Cyber Security Task Force, consisting of specified members, previously created by the Governor’s Office of Emergency Services and the Department of Technology, in the Governor’s Office of Emergency Services. +This +The +bill would authorize the task force to convene stakeholders to act in an advisory capacity and compile policy recommendations on cyber security for the state. The bill would require the task force to meet quarterly, or more often as necessitated by emergency circumstances. +This +The +bill would require the task force to complete and issue a report of policy recommendations to the Governor’s office and the Legislature. +This +The +bill would also require the task force to perform specified functions relating to cyber security. +This +The +bill would create a State Director of Cyber Security with specified duties within the Governor’s Office of Emergency Services. +This +The +bill would repeal these provisions on January 1, 2020.","An act to add and repeal Article 3.9 (commencing with Section 8574.50) of Chapter 7 of Division 1 of Title 2 of the Government Code, relating to cyber security." +742,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 9873 of the Business and Professions Code, as amended by Section 19 of Chapter 428 of the Statutes of 2014, is amended to read: +9873. +The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule: +(a) (1) The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a service contractor is not more than ninety-five dollars ($95) for each place of business in this state. +(2) The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405) for each place of business in this state. The initial registration fee for a person who is a service contractor and engages in business as either an electronic repair industry service dealer or an appliance repair industry service dealer is not more than three hundred dollars ($300) for each place of business in this state. +(3) The initial registration fee for a person who engages in both the electronic repair industry and the appliance repair industry as a service dealer and is a service contractor is not more than five hundred dollars ($500) for each place of business in this state. +(4) A service dealer or service contractor who does not operate a place of business in this state, but engages in the electronic repair industry, the appliance repair industry, or sells, issues, or administers service contracts in this state shall pay the registration fee specified herein as if he or she had a place of business in this state. +(b) (1) The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual registration renewal fee for a service contractor is ninety-five dollars ($95) for each place of business in this state, if renewed prior to its expiration date. +(2) The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400) for each place of business in this state. +(3) The annual renewal fee for a service dealer who engages in the electronic repair industry and the appliance repair industry and is a service contractor is not more than four hundred seventy-five dollars ($475) for each place of business in this state. +(4) A service dealer or service contractor who does not operate a place of business in this state, but who engages in the electronic repair industry, the appliance repair industry, or sells or issues service contracts in this state shall pay the registration fee specified herein as if he or she had a place of business in this state. +(c) The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5. +(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2019, deletes or extends that date. +(e) Notwithstanding any other law, the director shall not adopt any regulation to increase any fee provided for in this section before January 1, 2017. +SEC. 2. +Section 9873 of the Business and Professions Code, as amended by Section 20 of Chapter 428 of the Statutes of 2014, is amended to read: +9873. +The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule: +(a) The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405). +(b) The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400). +(c) The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5. +(d) This section shall become operative on January 1, 2019. +SEC. 3. +Section 19170 of the Business and Professions Code is amended to read: +19170. +(a) The fee imposed for the issuance and for the biennial renewal of each license granted under this chapter shall be set by the chief, with the approval of the director, at a sum not more nor less than that shown in the following table: +Maximum +fee +Minimum +fee +Importer’s license ........................ +$940 +$120 +Furniture and bedding manufacturer’s +license ........................ +940 +120 +Wholesale furniture and bedding +dealer’s license ........................ +675 +120 +Supply dealer’s license ........................ +675 +120 +Custom upholsterer’s license ........................ +450 +80 +Sanitizer’s license ........................ +450 +80 +Retail furniture and bedding dealer’s license ........................ +300 +40 +Retail furniture dealer’s license ........................ +150 +20 +Retail bedding dealer’s license ........................ +150 +20 +(b) Individuals who, in their own homes and without the employment of any other person, make, sell, advertise, or contract to make pillows, quilts, quilted pads, or comforters are exempt from the fee requirements imposed by subdivision (a). However, these individuals shall comply with all other provisions of this chapter. +(c) Retailers who only sell “used” and “antique” furniture as defined in Sections 19008.1 and 19008.2 are exempt from the fee requirements imposed by subdivision (a). Those retailers are also exempt from the other provisions of this chapter. +(d) A person who makes, sells, or advertises upholstered furniture and bedding as defined in Sections 19006 and 19007, and who also makes, sells, or advertises furniture used exclusively for the purpose of physical fitness and exercise, shall comply with the fee requirements imposed by subdivision (a). +(e) A person who has paid the required fee and who is licensed either as an upholstered furniture and bedding manufacturer or a custom upholsterer under this chapter shall not be required to additionally pay the fee for a sanitizer’s license.","Existing law, the Electronic Appliance Repair Dealer Registration Law and the Home Furnishings and Thermal Insulation Act, provides for the licensure and regulation of, among others, electronic appliance and repair dealers, upholstered furniture and bedding retailers, and upholstered furniture and bedding wholesalers by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation and makes a failure to comply with its provisions a crime. Existing law establishes the bureau under the supervision and control of the Director of Consumer Affairs. Existing law requires the director to administer and enforce those provisions relating to the licensure and regulation of electronic and appliance repair service dealers and persons engaged in various businesses associated with home furnishings. Existing law also requires the director to set certain fees by regulation. +Existing law establishes the maximum amount for the initial registration fee for each place of business in the state of an electronic repair industry service dealer, an appliance repair industry service dealer, a service contractor, a person who is engaged in business as both an electronic repair industry service dealer and appliance repair industry service dealer, a service contractor who is engaged in business as either an electronic repair industry service dealer or an appliance industry service dealer, and a service contractor who engages in both the electronic repair industry and the appliance repair industry as a service dealer. Existing law requires a service dealer or service contractor who does not operate a place of business in the state, but engages in at least some of these activities in the state to pay these fees as if he or she had a place of business in the state. +This bill would increase the maximum amounts of the initial registration fees for each of the above described persons, as specified, but would prohibit the director from adopting regulations to increase these fees before January 1, 2017. +Existing law also establishes, among other things, the maximum amount for the annual registration renewal fee for each place of business for an electronic repair industry service dealer, an appliance repair industry dealer, a service contractor, and a service dealer who is engaged in business as both an electronic repair industry service dealer and an appliance repair industry service dealer. +This bill would increase the maximum amount for each of these annual registration renewal fees, as specified, but would prohibit the director from adopting regulations to increase these fees before January 1, 2017. +Existing law also requires the chief of the bureau, with the approval of the director, to set, within specified maximum and minimum amounts, the license issuance and biennial renewal fees for an importer, furniture and bedding manufacturer, wholesale furniture and bedding dealer, supply dealer, custom upholsterer, sanitizer, retail furniture and bedding dealer, retail furniture dealer, and retail bedding dealer. +This bill would increase the maximum amount for each of these issuance and biennial renewal fees, as specified.","An act to amend Sections 9873 and 19170 of the Business and Professions Code, relating to consumer affairs." +743,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) In submitting this act to the electors, the Legislature finds and declares all of the following: +(1) The theft of firearms and receipt of stolen firearms pose dangers to public safety that are different in kind from other types of theft or the receipt of other types of stolen property. +(2) Many handguns have a value of less than nine hundred fifty dollars ($950). The threat to public safety in regard to stolen firearms goes above and beyond the monetary value of the firearm. +(3) Given the significant and particular threat to public safety in regard to stolen firearms, it is appropriate to restore the penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act in regard to stolen firearms. +(b) It is not the intent of the Legislature in submitting this act to the electors to undermine the voter’s decision to decrease penalties for low-level theft and receiving stolen property, only to give the voters the opportunity to decide whether firearm thefts and the receipt of stolen firearms should be subject to the penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act. +SEC. 2. +Section 490.2 of the Penal Code is amended to read: +490.2. +(a) Notwithstanding Section 487 or any other law defining grand theft, except as provided in subdivision (c), obtaining property by theft where the value of the money, labor, real property, or personal property taken does not exceed nine hundred fifty dollars ($950) is petty theft and shall be punished as a misdemeanor, except that the person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. +(b) This section does not apply to a theft that may be charged as an infraction pursuant to any other law. +(c) If the property taken is a firearm, the theft is grand theft in all cases, as specified in paragraph (2) of subdivision (d) of Section 487, and is punishable pursuant to subdivision (a) of Section 489. +SEC. 3. +Section 496 of the Penal Code is amended to read: +496. +(a) (1) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, except as provided in subdivision (e), if the value of the property does not exceed nine hundred fifty dollars ($950), the offense is a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if the person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. +(2) A principal in the actual theft of the property may be convicted pursuant to this section. However, a person may not be convicted both pursuant to this section and of the theft of the same property. +(b) (1) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. +(2) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor. +(c) A person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney’s fees. +(d) Notwithstanding Section 664, an attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170. +(e) Notwithstanding subdivision (a), a person who buys or receives a firearm that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding a firearm from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. +SEC. 4. +Section 29805 of the Penal Code is amended to read: +29805. +Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, paragraph (1) of subdivision (a) of Section 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 490.2 if the property taken was a firearm, 496 if the property consists of a firearm, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 6. +(a) Sections 2 and 3 of this act amend the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute, and shall become effective only when submitted to and approved by the voters at a statewide election. +(b) A special election is hereby called, to be held throughout the state on November 8, 2016, for approval by the voters of Sections 2 and 3 of this act. The special election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election, and only one form of ballot shall be used. +(c) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit Sections 2 and 3 of this act to the voters for their approval at the November 8, 2016, statewide general election. +SEC. 7. +This act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.","(1) The existing Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions. +The California Constitution authorizes the Legislature to amend an initiative statute by another statute that becomes effective only when approved by the electors. +This bill would amend that initiative statute by making the theft of a firearm grand theft in all cases and punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. +(2) Under existing law, a person who buys or receives property that has been stolen, knowing the property to be stolen, or who conceals, sells, withholds, or aids in concealing, selling, or withholding property from the owner, knowing the property to be stolen, is guilty of a misdemeanor or a felony, except that if the value of the property does not exceed $950, Proposition 47 makes the offense punishable as a misdemeanor if the defendant has not previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender. +This bill would amend that initiative statute by making the buying or receiving of a stolen firearm, with knowledge that the property was stolen, or the concealing, selling, withholding, or aiding in concealing, selling, or withholding of a firearm, with knowledge that the property was stolen, a misdemeanor or a felony. +(3) Existing law generally prohibits a person who has been convicted of certain misdemeanors from possessing a firearm within 10 years of the conviction. Under existing law, a violation of this prohibition is a crime, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding $1,000, or by both that imprisonment and fine. +This bill would add to the list of misdemeanors, the conviction for which is subject to the above prohibition on possessing a firearm within 10 years of the conviction, the petty theft of a firearm and the buying, receiving, concealing, selling, withholding, or aiding in concealing, selling, or withholding, of stolen property consisting of a firearm, as specified. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +(4) This bill would call a special election to be consolidated with the November 8, 2016, statewide general election. This bill would require the Secretary of State to submit the provisions of the bill that amend the initiative statute, as described in (1) and (2) above, to the electors for their approval at the November 8, 2016, consolidated election. +This bill would declare that it is to take effect immediately as an act calling an election.","An act to amend Sections 490.2, 496, and 29805 of the Penal Code, relating to theft, and calling an election, to take effect immediately." +744,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 3.3 (commencing with Section 20119) is added to Chapter 1 of Part 3 of Division 2 of the Public Contract Code, to read: +Article 3.3. Los Angeles Unified School District — Best Value Procurement +20119. +(a) It is the intent of the Legislature to enable school districts to use cost-effective options for building and modernizing school facilities. The Legislature has recognized the merits of the best value procurement method process in the past by authorizing its use for projects undertaken by the University of California. +(b) The Legislature also finds and declares that school districts using the best value procurement method require a clear understanding of the roles and responsibilities of each participant in the best value process. As reflected in the University of California report to the Legislature, the benefits of a best value procurement method include a reduction in contract delays, change orders, and claims producing a savings in both contract costs and administration. +(c) It is the intent of the Legislature to provide an optional, alternative procedure for bidding and building school construction projects. +20119.1. +As used in this article: +(a) “Apprenticeable occupation” means an occupation for which the Chief of the Division of Apprenticeship Standards had approved an apprenticeship program pursuant to Section 3075 of the Labor Code prior to January 1, 2015. +(b) “Best value” means a procurement process whereby the selected bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications. +(c) “Best value contract” means a competitively bid contract entered into pursuant to this article. +(d) “Best value contractor” means a properly licensed person, firm, or corporation that submits a bid for and is awarded a best value contract. +(e) “Best value score” means the resulting score when the school district divides the bidder’s price by the bidder’s qualification score. +(f) “Demonstrated management competency” means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity. +(g) “Financial condition” means the financial resources needed to perform the contract. The criteria used to evaluate a bidder’s financial condition shall include, at a minimum, capacity to obtain all required payment bonds and required insurance. +(h) “Governing board” or “governing board of the school district” means the governing board of the Los Angeles Unified School District. +(i) “Labor compliance” means the ability to comply with, and past conformance with, contract and statutory requirements for the payment of wages and qualifications of the workforce. The criteria used to evaluate a bidder’s labor compliance shall include, at a minimum, the bidder’s ability to comply with the apprenticeship requirements of the California Apprenticeship Council and the Department of Industrial Relations, its past conformance with such requirements, and its past conformance with requirements to pay prevailing wages on public works projects. +(j) “Project” has the same meaning as “public project” as defined in subdivision (c) of Section 22002. +(k) “Qualifications” means financial condition, relevant experience, demonstrated management competency, labor compliance, the safety record of the bidder, and, to the extent relevant, the preceding qualifications as they pertain to all subcontractors proposed to be used by the bidder for designated portions of the work. +(l) “Relevant experience” means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity. +(m) “Safety record” shall be deemed “acceptable” if a contractor’s experience modification rate for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period do not exceed the applicable statistical standards for its business category or if the bidder is a party to an alternative dispute resolution system as provided for in Section 3201.5 of the Labor Code. +(n) “School district” means the Los Angeles Unified School District. +(o) “Skilled and trained workforce” means a workforce that meets all of the following conditions: +(1) All the workers are either skilled journeypersons or apprentices registered in an apprenticeship program approved by the Chief of the Division of Apprenticeship Standards. +(2) (A) As of January 1, 2016, at least 20 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. +(B) As of January 1, 2017, at least 30 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. +(C) As of January 1, 2018, at least 40 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. +(D) As of January 1, 2019, at least 50 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. +(E) As of January 1, 2020, at least 60 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. +(3) For an apprenticeable occupation in which no apprenticeship program had been approved by the chief prior to January 1, 1995, up to one-half of the graduation percentage requirements of paragraph (2) may be satisfied by skilled journeypersons who commenced working in the apprenticeable occupation prior to the chief’s approval of an apprenticeship program for that occupation in the county in which the project is located. +(p) “Skilled journeyperson” means a worker who either: +(1) Graduated from an apprenticeship program for the applicable occupation that was approved by the chief or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. +(2) Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief. +20119.2. +(a) This article provides for a pilot program for the Los Angeles Unified School District to use best value procurement for projects over one million dollars ($1,000,000). +(b) The governing board, for projects over one million dollars ($1,000,000), before December 31, 2020, may use the best value procurement method in accordance with this article. +(c) The bidder may be selected on the basis of the best value to the governing board of the school district. In order to implement this method of selection, the governing board of the school district shall adopt and publish procedures and required guidelines for evaluating the qualifications of the bidders that ensure the best value selections by the school district are conducted in a fair and impartial manner. These procedures and guidelines shall conform to this article and shall be mandatory for the school district when using best value selection. +(d) If the governing board of the school district deems it to be for the best interest of the school district, the governing board of the school district, on the refusal or failure of the selected bidder for a project to execute a tendered contract, may award it to the bidder with the second lowest best value score. If the second bidder fails or refuses to execute the contract, the governing board of the school district may likewise award it to the bidder with the third lowest best value score. +(e) The governing board of the school district shall let any contract for a project pursuant to this article to the selected bidder that represents the best value or else reject all bids. +(f) (1) If the school district elects to award a project pursuant to this section, retention proceeds withheld by the district from the selected best value contractor shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicitation of bids. +(2) In a contract between the selected best value contractor and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld shall not exceed the percentage specified in the contract between the district and the selected best value contractor. If the selected best value contractor provides written notice to a subcontractor that, prior to or at the time the bid is requested, a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the selected best value contractor, then the selected best value contractor may withhold retention proceeds in excess of the percentage specified in the contract between the district and the selected best value contractor from any payment made by the selected best value contractor to the subcontractor. +(g) All subcontractors bidding on contracts pursuant to this chapter shall be afforded the protection contained in Chapter 4 (commencing with Section 4100) of Part 1. +20119.3. +The governing board of the school district shall proceed in accordance with the following when awarding best value contracts under this article: +(a) The school district shall prepare a solicitation for bids and give notice pursuant to Section 20112. +(b) (1) The school district shall establish a procedure to prequalify bidders as required by this code. Information submitted by the bidder as part of the evaluation process shall not be open to public inspection to the extent that information is exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). +(2) A best value entity shall not be prequalified or shortlisted unless the entity provides an enforceable commitment to the governing board that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades. +(3) An entity’s commitment that a skilled and trained workforce will be used to perform the project or contract may be established by any of the following: +(A) The entity’s agreement with the school district that the entity and its subcontractors at every tier will comply with the requirements of this subdivision and that the entity will provide the governing board of the school district with evidence, on a monthly basis while the project or contract is being performed, that the entity and its subcontractors are complying with the requirements of this subdivision. +(B) If the governing board has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract and that includes the requirements of this subdivision, the entity’s agreement that it will become a party to that project labor agreement. +(C) Evidence that the entity has entered into a project labor agreement that includes the requirements of this subdivision and that will bind the entity and all its subcontractors at every tier performing the project or contract. +(c) Each solicitation for bids shall do all of the following: +(1) Invite prequalified bidders to submit sealed bids in the manner prescribed by this article. +(2) Include a section identifying and describing the following: +(A) Criteria that the school district will consider in evaluating the qualifications of the bidders. +(B) The methodology and rating or weighting system that will be used by the school district in evaluating bids. +(C) The relative importance or weight assigned to the criteria for evaluating the qualifications of bidders identified in the request for bids. +(d) Final evaluation of the bidders shall be done in a manner that prevents the identity of the bidders and the cost or price information from being revealed in evaluating the qualifications of the bidders prior to completion of qualification scoring. +20119.4. +Selection of the best value contractor shall be made as follows: +(a) (1) The school district shall evaluate the qualifications of the bidders based solely upon the criteria set forth in the solicitation documents, and shall assign a qualification score to each bid. +(2) Qualification scores shall be determined by using only the criteria and selection procedures specifically identified in the request for proposals. The following minimum factors, however, shall be weighted as deemed appropriate by the school district: +(A) Relevant experience. +(B) Safety record. +(C) Other factors identified in the request for proposal. +(b) To determine the best value contractor, the school district shall divide each bidder’s price by its qualifications score. A preference of up to 5 percent shall be applied to the price of a bid submitted by a small business, as defined by the school district, before dividing the bidder’s price by its qualification score. The lowest resulting cost per quality point will represent the best value bid. The award of the contract shall be made to the bidder whose bid is determined, by the school district in writing, to be the best value to the school district. +(c) The school district shall issue a written decision of its contract award or else reject all bids. +(d) Upon issuance of a contract award, the school district shall publicly announce its award identifying the project, the project price, the best value contractor to which the award is made, as well as the prices, qualification scores, and resulting costs per qualification point for all responsive bidders. The contract file shall include documentation sufficient to support the decision to award. +20119.5. +(a) (1) A school district that uses the best value procurement method pursuant to this article shall submit to the appropriate policy and fiscal committees of the Legislature an interim and final report on the use of the best value procurement method. The reports shall be prepared by an independent third party and the school district shall pay for the cost of the report. The reports shall be submitted to the appropriate policy and fiscal committees of the Legislature as follows: +(A) An interim report on or before July 1, 2018. +(B) A final report on or before January 1, 2020. +(2) A report shall include, but is not limited to, the following information: +(A) A description of the projects awarded using the best value procedures. +(B) The contract award amounts. +(C) The best value contractors awarded the projects. +(D) A description of any written protests concerning any aspect of the solicitation, bid, or award of the best value contracts, including the resolution of the protests. +(E) A description of the prequalification process. +(F) The criteria used to evaluate the bids, including the weighting of the criteria and an assessment of the effectiveness of the methodology. +(G) If a project awarded under this article has been completed, an assessment of the project performance, to include a summary of any delays or cost increases. +(b) The requirement for submitting a report imposed pursuant to subdivision (a) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. +20119.6. +Except as otherwise provided in this article, the best value procurement method is not intended to change any guideline, criterion, procedure, or requirement of the governing board of the school district to let a contract for a project to the lowest responsible bidder or else reject all bids. +20119.7. +This article shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to establish a pilot project for the Los Angeles Unified School District to determine the potential benefits and consequences of using best value procurement to facilitate infrastructure improvements and ease fiscal impacts.","The Local Agency Public Construction Act requires the governing board of any school district to let any contract for a public project, as defined, involving an expenditure of $15,000 or more, to the lowest responsible bidder that gives security as the board requires, or else reject all bids. +This bill would establish a pilot program to authorize the Los Angeles Unified School District to use, before December 31, 2020, a best value procurement method for bid evaluation and selection for public projects that exceed $1,000,000. The bill would establish various requirements applicable to the use of the best value procurement method under this authorization. The bill would require the school district to submit an interim and final report to the appropriate policy and fiscal committees of the Legislature on the use of the best value procurement method pursuant to the bill, in accordance with a specified schedule. These provisions would be repealed on January 1, 2021. +This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District.","An act to add and repeal Article 3.3 (commencing with Section 20119) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code, relating to best value procurement." +745,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17701.02 of the Corporations Code is amended to read: +17701.02. +In this title: +(a) “Acknowledged” means that an instrument is either of the following: +(1) Formally acknowledged as provided in Article 3 (commencing with Section 1180) of Chapter 4 of Title 4 of Part 4 of Division 2 of the Civil Code. +(2) Executed to include substantially the following wording preceding the signature: + + +“It is hereby declared that I am the person who executed this instrument which execution is my act and deed.” + + +Any certificate of acknowledgment taken without this state before a notary public or a judge or clerk of a court of record having an official seal need not be further authenticated. +(b) “Articles of organization” means the articles required by Section 17702.01. The term includes the articles of organization as amended or restated. +(c) “Contribution” means any benefit provided by a person to a limited liability company: +(1) In order to become a member upon formation of the limited liability company and in accordance with an agreement between or among the persons that have agreed to become the initial members of the limited liability company. +(2) In order to become a member after formation of the limited liability company and in accordance with an agreement between the person and the limited liability company. +(3) In the person’s capacity as a member and in accordance with the operating agreement or an agreement between the member and the limited liability company. +(d) “Debtor in bankruptcy” means a person that is the subject of either of the following: +(1) An order for relief under Title 11 of the United States Code or a successor statute of general application. +(2) A comparable order under federal, state, or foreign law governing bankruptcy or insolvency, an assignment for the benefit of creditors, or an order appointing a trustee, receiver, or liquidator of the person or of all or substantially all of the person’s property. +(e) “Designated office” means either of the following: +(1) The office that a limited liability company is required to designate and maintain under Section 17701.13. +(2) The principal office of a foreign limited liability company. +(f) “Distribution,” except as otherwise provided in subdivision (g) of Section 17704.05, means a transfer of money or other property from a limited liability company to another person on account of a transferable interest. +(g) “Domestic” means organized under the laws of this state when used in relation to any limited liability company, other business entity, or person other than a natural person. +(h) “Effective,” with respect to a record required or permitted to be delivered to the Secretary of State for filing under this title, means effective under subdivision (c) of Section 17702.05. +(i) (1) “Electronic transmission by the limited liability company” means a communication delivered by any of the following means: +(A) Facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the limited liability company. +(B) Posting on an electronic message board or network that the limited liability company has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof. +(C) Other means of electronic communication to which both of the following apply: +(i) The communication is delivered to a recipient who has provided an unrevoked consent to the use of those means of transmission. +(ii) The communication creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. However, an electronic transmission by a limited liability company to an individual member is not authorized unless, in addition to satisfying the requirements of this section, the transmission satisfies the requirements applicable to consumer consent to electronic records as set forth in the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001(c)(1)). +(2) “Electronic transmission to the limited liability company” means a communication delivered by any of the following means: +(A) Facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, that the limited liability company has provided from time to time to members or managers for sending communications to the limited liability company. +(B) Posting on an electronic message board or network that the limited liability company has designated for those communications, which transmission shall be validly delivered upon the posting. +(C) Other means of electronic communication to which both of the following apply: +(i) The limited liability company has placed in effect reasonable measures to verify that the sender is the member or manager, in person or by proxy, purporting to send the transmission. +(ii) The communication creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. +(j) “Foreign limited liability company” means an unincorporated entity formed under the law of a jurisdiction other than this state and denominated by that law as a limited liability company. +(k) “Limited liability company,” except in the phrase “foreign limited liability company,” means an entity formed +under +pursuant to +this title or an entity that becomes subject to this title pursuant to Article 13 (commencing with Section 17713.01). +(l) “Majority of the managers” unless otherwise provided in the operating agreement, means more than 50 percent of the managers of the limited liability company. +(m) “Majority of the members” unless otherwise provided in the operating agreement, means more than 50 percent of the membership interests of members in current profits of the limited liability company. +(n) “Manager” means a person that under the operating agreement of a manager-managed limited liability company is responsible, alone or in concert with others, for performing the management functions stated in subdivision (c) of Section 17704.07. +(o) “Manager-managed limited liability company” means a limited liability company that qualifies under subdivision (a) of Section 17704.07. +(p) “Member” means a person that has become a member of a limited liability company under Section 17704.01 and has not dissociated under Section 17706.02. +(q) “Member-managed limited liability company” means a limited liability company that is not a manager-managed limited liability company. +(r) “Membership interest” means a member’s rights in the limited liability company, including the member’s transferable interest, any right to vote or participate in management, and any right to information concerning the business and affairs of the limited liability company provided by this title. +(s) “Operating agreement” means the agreement, whether or not referred to as an operating agreement and whether oral, in a record, implied, or in any combination thereof, of all the members of a limited liability company, including a sole member, concerning the matters described in subdivision (a) of Section 17701.10. The term “operating agreement” may include, without more, an agreement of all members to organize a limited liability company pursuant to this title. An operating agreement of a limited liability company having only one member shall not be unenforceable by reason of there being only one person who is a party to the operating agreement. The term includes the agreement as amended or restated. +(t) “Organization” means, whether domestic or foreign, a partnership whether general or limited, limited liability company, association, corporation, professional corporation, professional association, nonprofit corporation, business trust, or statutory business trust having a governing statute. +(u) “Organizer” means a person that acts under Section 17702.01 to form a limited liability company. +(v) “Person” means an individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company, or other entity, whether domestic or foreign. Nothing in this subdivision shall be construed to confer any rights under the California Constitution or the United States Constitution. +(w) “Principal office” means the principal executive office of a limited liability company or foreign limited liability company, whether or not the office is located in this state. +(x) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. +(y) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. +(z) “Transfer” includes an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift, and transfer by operation of law. +(aa) “Transferable interest” means the right, as originally associated with a person’s capacity as a member, to receive distributions from a limited liability company in accordance with the operating agreement, whether or not the person remains a member or continues to own any part of the right. +(ab) “Transferee” means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a member. +(ac) “Vote” includes authorization by written consent or consent given by electronic transmission to the limited liability company.","The California Revised Uniform Limited Liability Company Act governs the formation and operation of limited liability companies. The act defines various terms for the purposes of its provisions. +This bill would make a nonsubstantive change to these definitions.","An act to amend Section 17701.02 of the Corporations Code, relating to limited liability companies." +746,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 22.4 (commencing with Section 22595) is added to Division 8 of the Business and Professions Code, to read: +CHAPTER 22.4. Fair Information Practices Act +22595. +This chapter shall be known and may be cited as the Fair Information Practices Act. +22595.1. +(a) The principles of the Fair Information Practices Act include all of the following: +(1) Transparency. +(2) Individual participation. +(3) Purpose specification. +(4) Data minimization. +(5) Use limitation. +(6) Data quality and integrity. +(7) Security. +(8) Accountability and auditing. +(b) The Legislature finds and declares that with regard to the principles listed in subdivision (a), developers and operators of mobile operating systems or platforms are encouraged to do all of the following: +(1) Be transparent and notify individuals regarding collection, use, dissemination, and maintenance of personal data. +(2) Involve individuals in the process of using personal data and, to the extent practicable, seek individual consent for the collection, use, dissemination, and maintenance of personal data. +(3) Specifically articulate the authority that permits the collection of personal data and the purpose or purposes for which the personal data is intended to be used by defining the functional purpose of the mobile application and how an individual’s personal data is used to contribute to that functional purpose. +(4) Only collect personal data that is directly relevant and necessary to accomplish the purpose or purposes for which the personal data is intended to be used, and only retain personal data for as long as necessary to fulfill the specified purpose or purposes. +(5) Use personal data solely for the purpose or purposes specified in the notice to the user. Sharing personal data should be for a purpose compatible with the purpose or purposes for which the personal data was collected. +(6) Ensure, to the extent practicable, that personal data is accurate, relevant, timely, and complete. +(7) Protect personal data in all media through appropriate safeguards against risks, including, but not limited to, loss, unauthorized access or use, destruction, modification, or unintended or inappropriate disclosure. +(8) Be accountable for complying with the principles listed in subdivision (a), provide training to all employees and contractors who use personal data, and audit the actual use of personal data to demonstrate compliance with the principles listed in subdivision (a) and all applicable privacy protection requirements and laws. +22595.2. +For purposes of this chapter the term “person” means any individual, partnership, corporation, limited liability company, association, or other organization. +22595.3. +(a) This section shall apply to a person that provides a mobile operating system or platform that is used by an operator or developer of a mobile application or online service that collects personal data from an individual California user through the mobile application or online service. +(b) A person shall create universal privacy policy standards for all mobile applications based on the principles listed in subdivision (a) of Section 22595.1, and shall conspicuously post the universal privacy policy standards to the person’s Internet Web site in a digital format that is accessible to all users. +(c) (1) Except as otherwise provided in paragraph (2), a developer or operator of a mobile application using a mobile operating system or platform of a person shall accept the universal privacy policy standards of that person, and shall conspicuously post a notice of acceptance of those universal privacy policy standards on its Internet Web site in a digital format that is accessible to all users. +(2) A developer or operator of a mobile application or online service may elect not to accept the universal privacy policy standards of a person regarding the use of a user’s personal data, if that developer or operator obtains explicit agreement from that user. +SECTION 1. +The Legislature finds and declares all of the following: +(a)Low carbon transportation fuels are an important element of the state’s greenhouse gas reduction policy and increasing the supply of those fuels will help the state achieve its greenhouse gas reduction goals. +(b)Existing incentives for the development of low carbon transportation fuels, including the Low Carbon Fuel Standard regulation (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations), the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), and Assembly Bill 118 (Chapter 750 of the Statutes of 2007), have not resulted in sufficient development of low carbon transportation fuels. +SEC. 2. +Section 38568 is added to the +Health and Safety Code +, to read: +38568. +(a)For purposes of this section, the following terms have the following meanings: +(1)“Indirect land use change emission” means the carbon emissions associated with changes in agricultural activity that result from the market-mediated effects of using an agricultural commodity that is a food product as feedstock for the production of the transportation fuel. +(2)“Very low carbon transportation fuel” means a liquid or gaseous transportation fuel having no greater than 50 percent of the carbon intensity of the closest comparable petroleum fuel for that year, as measured by the methodology in the Low Carbon Fuel Standard regulation (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations). The carbon intensity for the transportation fuel shall include the indirect land use change emission if an agricultural commodity that is a food product is used as a feedstock for the production of the transportation fuel. +(b)The state board may establish a very low carbon fuel market commitment program that requires a wholesaler, producer, importer, or any other entity that provides transportation fuel to a retailer or sells transportation fuel to a consumer to include as part of its transportation fuel sales in the state percentages of very low carbon transportation fuel. The percentages of very low carbon transportation fuel shall be determined by the state board and measured in energy equivalent units. The state board may require percentages of very low carbon transportation fuel as low as one-quarter of 1 percent or as high as 2 percent. +(c)When the state board determines that very low carbon transportation fuel sales have reached 2 percent of all transportation fuel sales in the state, the state board shall notify the Secretary of State and this section shall be inoperative five years from that notification. +(d)This section does not replace or modify any existing fuel standards or requirements imposed under the Low Carbon Fuel Standard regulation (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).","Existing law requires an operator of a commercial Web site or online service that collects personally identifiable information, as defined, through the Internet about individual consumers residing in California to conspicuously post its privacy policy on its Internet Web site, and requires that privacy policy to, among other things, identify the categories of personally identifiable information that the operator collects. +This bill would require a person, as defined, that provides a mobile operating system or platform that is used by an operator or developer of a mobile application that collects personal data from an individual California user through the mobile application or an online service to create universal privacy policy standards that are based on certain principles, including, but not limited to, transparency and security. The bill would require that person to conspicuously post those standards on the person’s Internet Web site in a digital format that is accessible to all users, and would require a developer or operator of a mobile application using a mobile operating system or platform to accept those universal privacy policy standards, except as specified. The bill would also make legislative findings and declarations regarding those principles. +The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt a statewide greenhouse gas emissions limit to be achieved by 2020 equivalent to the statewide greenhouse gas emissions levels of 1990. The state board additionally is required to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions. Pursuant to the act, the state board has adopted the Low Carbon Fuel Standard regulations. +This bill would authorize the state board to establish a very low carbon fuel market commitment program that requires wholesalers, producers, importers, or any other entity that provides transportation fuel to a retailer or sells transportation fuel to a consumer to include as part of their transportation fuel sales in the state percentages of very low carbon transportation fuel, as defined, as determined by the state board. These provisions would become inoperative 5 years after the state board notifies the Secretary of State that very low carbon fuel sales have reached 2% of all transportation fuel sales in the state.","An act to add Section 38568 to the Health and Safety Code, relating to greenhouse gases. +An act to add Chapter 22.4 (commencing with Section 22595) to Division 8 of the Business and Professions Code, relating to data." +747,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 5150 of the Welfare and Institutions Code is amended to read: +5150. +(a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service. +(b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm. +(c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to prevent a peace officer from delivering individuals to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to require peace officers to perform any additional duties other than those specified in Sections 5150.1 and 5150.2. +(d) Whenever a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered as determined by the county mental health director. +(e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing stating the circumstances under which the person’s condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, or gravely disabled. The application shall also record whether the historical course of the person’s mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she knows to be false. +(f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the person’s personal property, the person taking him or her into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person. The person taking him or her into custody shall then furnish to the court a report generally describing the person’s property so preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the person’s property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her into custody for that property shall terminate. As used in this section, “responsible relative” includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person. +(g) (1) Each person, at the time he or she is first taken into custody under this section, shall be provided, by the person who takes him or her into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form: +My name is . +I am a _____ (peace officer/mental health professional) _____ . +with _____ (name of agency) _____ . +You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . +_____ (name of facility) _____ +You will be told your rights by the mental health staff. +(2) If taken into custody at his or her own residence, the person shall also be provided the following information: + + +You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken. + + +(h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) which shall include all of the following: +(1) The name of the person detained for evaluation. +(2) The name and position of the peace officer or mental health professional taking the person into custody. +(3) The date the advisement was completed. +(4) Whether the advisement was completed. +(5) The language or modality used to give the advisement. +(6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services. +(i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the person’s primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form: +My name is  . +My position here is  . +You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): +◻ Harm yourself. +◻ Harm someone else. +◻ Be unable to take care of your own food, clothing, and housing needs. +We believe this is true because +(list of the facts upon which the allegation of dangerous +or gravely disabled due to mental health disorder is based, including pertinent +facts arising from the admission interview). +You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can. +During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge. +If you have questions about your legal rights, you may contact the county Patients’ Rights Advocate at _____ (phone number for the county Patients’ Rights Advocacy office) _____ . +Your 72-hour period began _____ (date/time) _____ . +(2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient shall be informed of this fact. +(j) For each patient admitted for evaluation and treatment, the facility shall keep with the patient’s medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following: +(1) The name of the person performing the advisement. +(2) The date of the advisement. +(3) Whether the advisement was completed. +(4) The language or modality used to communicate the advisement. +(5) If the advisement was not completed, a statement of good cause. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons so committed. Under the act, when a person, as a result of mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, he or she may, upon probable cause, be taken into custody by a peace officer, member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or other designated professional person, and placed in a facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation. Existing law requires, when determining if probable cause exists to take a person into custody, or cause a person to be taken into custody pursuant to the provisions described above, any person who is authorized to take or cause that person to be taken into custody to consider available relevant information about the historical course of the person’s mental disorder, as specified, if the authorized person determines that information has a reasonable bearing on the determination described above. +This bill would provide that, when determining if a person should be taken into custody pursuant to the provisions described above, the individual making that determination shall consider available relevant information about the historical course of the person’s mental disorder if the individual concludes that the information has a reasonable bearing on the determination, and that the individual shall not be limited to consideration of the danger of imminent harm. +Existing law requires the admitting facility to require an application in writing stating the circumstances under which the person’s condition was called to the attention of those persons authorized to make the determination of probable cause, and stating that he or she has probable cause, as specified. +The bill would also require the application to record whether the historical course of a person’s mental disorder was considered in the determination of probable cause. +By imposing additional duties on local officials, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 5150 of the Welfare and Institutions Code, relating to mental health." +748,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 8869.80 of the Government Code is amended to read: +8869.80. +The Legislature hereby finds and declares all of the following: +(a) The Tax Reform Act of 1986 (Public Law 99-514) establishes a volume ceiling on the aggregate amount of private activity bonds that can be issued in each state. The volume ceiling is the product of seventy-five dollars ($75) multiplied by the state population in 1987 and fifty dollars ($50) multiplied by the state population in each succeeding calendar year. +(b) Sections 1112 and 1401 of the American Recovery and Reinvestment Act of 2009 (26 U.S.C. Secs. 54a and 1400U-1) establish an aggregate amount of bond authority that can be issued in each state. Said amount may be determined from time to time by federal law, federal notice, or both federal law and notice. +(c) Section 142(k) of the Internal Revenue Code establishes a volume ceiling on the aggregate amount of qualified education facility bonds that can be issued in each state. The qualified educational facilities volume ceiling is the product of ten dollars ($10) multiplied by the state population in each calendar year. +(d) The federal act requires each state to allocate its volume ceiling according to a specified formula unless a different procedure is established by Governor’s proclamation or state legislation. +(e) Section 142(k)(5)(B)(i) of the Internal Revenue Code authorizes each state to allocate the qualified educational facilities volume ceiling in the manner the state determines appropriate. +(f) Therefore, it is necessary to designate a state agency and create an allocation system to administer the state volume ceiling. +(g) A substantial public benefit is served by promoting housing for lower income families and individuals. +(h) A substantial public benefit is served by preserving and rehabilitating existing governmental assisted housing for lower income families and individuals. +(i) A substantial public benefit is served by providing federal tax credits or reduced interest rate mortgages to assist teachers, principals, vice principals, assistant principals, and classified employees who are willing to serve in high priority schools to purchase a home. +(j) A substantial public benefit is served by constructing educational facilities for the state’s children. +SEC. 2. +Section 8869.81 of the Government Code is amended to read: +8869.81. +This chapter is enacted to implement the state volume limit established in Section 1301 of the Federal Tax Reform Act of 1986 (Public Law 99-514), Sections 1112 and 1401 of the American Recovery and Reinvestment Act of 2009 (26 U.S.C. Secs. 54a and 1400U-1), and Sections 142(k) and 146 of the Internal Revenue Code. +SEC. 3. +Section 8869.82 of the Government Code is amended to read: +8869.82. +(a) As used in this chapter, unless the context otherwise requires, the terms defined in this section shall have the following meanings: +(1) “Committee” means the California Debt Limit Allocation Committee established pursuant to Section 8869.83. +(2) “Fund” means the California Debt Limit Allocation Committee Fund created pursuant to Section 8869.90. +(3) “Internal Revenue Code” means the Internal Revenue Code of 1986 (26 U.S.C. Sec. 1 et seq.), as amended from time to time. +(4) “Issuer” means any local agency or state agency authorized by the Constitution or laws of the state to issue private activity bonds. +(5) “Local agency” means any political subdivision of the state within the meaning of Section 103 of the Internal Revenue Code (26 U.S.C. Sec. 103), or any entity that has the power to issue private activity bonds on behalf of that political subdivision. +(6) “MBTCAC” means the California Tax Credit Allocation Committee created by Section 50199.8 of the Health and Safety Code. +(7) “Private activity bond” means a part or all of any bond, or other instrument, required to obtain a portion of the state’s volume cap pursuant to Sections 142(k) and 146 of the Internal Revenue Code (26 U.S.C. Secs. 142(k) and 146) in order to be tax-exempt, including, generally, all of the following, as those bonds are defined in the Internal Revenue Code: +(A) Exempt facility bonds, except bonds for airports, docks and wharves, and certain solid waste facilities. +(B) Qualified mortgage bonds. +(C) Qualified small issue bonds. +(D) Qualified student loan bonds. +(E) Qualified redevelopment bonds. +(F) The nonqualified amount of an issue of governmental bonds (including advance refunds) exceeding fifteen million dollars ($15,000,000), as provided in Section 141(b)(5) of the Internal Revenue Code (26 U.S.C. Sec. 141(b)(5)). +(8) “Private activity bond limit” means any portion of the state ceiling allocated or transferred to a state agency or local agency pursuant to this chapter. +(9) “State” means the State of California. +(10) “State agency” means the state and all state entities, including joint powers authorities of which the state or agency or instrumentality thereof is a member, empowered to issue private activity bonds, the interest on which is exempt from income tax under Section 103(a) of the Internal Revenue Code (26 U.S.C. Sec. 103(a)), including nonprofit corporations described in Section 150(d) of the Internal Revenue Code (26 U.S.C. Sec. 150(d)), authorized to issue qualified scholarship funding bonds. +(11) “State ceiling” includes all of the following: +(A) The amount specified by Section 146(d) of the Internal Revenue Code (26 U.S.C. Sec. 146(d)) for each calendar year commencing in 1986. +(B) The amount reserved to the state pursuant to Sections 1112 and 1401 of the American Recovery and Reinvestment Act of 2009 (26 U.S.C. Secs. 54a and 1400U-1). +(C) The amount specified by Section 142(k) of the Internal Revenue Code (26 U.S.C. Sec. 42(k)). +(b) Pursuant to Section 146(e) of the Internal Revenue Code (26 U.S.C. Sec. 146(e)), this chapter governs the allocation of the state ceiling among the state agencies and local agencies in this state having authority to issue private activity bonds. +(c) Any portion of the state ceiling allocated or transferred by or under the authority of this chapter shall become the private activity bond limit for the issuer of which that portion is allocated or transferred for any private activity bonds issued by that issuer. +SEC. 4. +Section 8869.85 of the Government Code is amended to read: +8869.85. +(a) Each state agency shall apply to the committee for allocation of a portion of the state ceiling, supplying any information which the committee may require. The application may be for a specific project, or it may be for a designated dollar amount, to be utilized for projects or programs at the discretion of the state agency. No private activity bonds issued by any state agency shall be deemed to receive the benefit of any portion of the state ceiling unless the committee has allocated or permitted the transfer of a portion of the state ceiling to the state agency. The allocation may be on any terms and conditions as the committee may determine. +(b) Any local agency may apply to the committee for an allocation of a portion of the state ceiling, supplying any information which the committee may require. Applications from local agencies may only be for specific projects or programs. No private activity bond issued by a local agency shall be deemed to receive the benefit of any portion of the state ceiling unless the committee has allocated or permitted the transfer of a portion of the state ceiling to the local agency. The allocation may be upon any terms and conditions as the committee may determine. +(c) Any allocation made pursuant to this section shall be irrevocable upon issuance of bonds pursuant thereto at least to the extent of the amount of the bonds so issued. No allocation shall permit the state agency or local agency which receives it to use all or any portion of the allocation for a carryforward pursuant to Section 146(f) or Section 142(k)(5)(B)(ii) of the Internal Revenue Code, unless the committee expressly allows use of the allocation for a carryforward. +(d) No allocation made to a state agency or a local agency pursuant to this section may be transferred by the initial recipient thereof to any other state agency or local agency unless the committee expressly permits the transfer. With the committee’s permission, any state or local agency may, by resolution, transfer to any other local agency or to any state agency or back to the committee all or any portion of the agency’s private activity bond limit. Any such transfer shall be made in writing and may be general or limited and subject to any terms and conditions as may be set forth in the resolution or under the committee’s permission, as long as the transfer is irrevocable upon issuance of bonds pursuant to the transfer, at least to the extent of the amount of the bonds so issued. Each transferee shall maintain a written record of the transfer in its records for at least the term of all private activity bonds issued pursuant to the transfer. No transfer may be made pursuant to this section in return for any payment of cash, property, or other marketable thing of value. +SEC. 5. +Section 8869.86 of the Government Code is amended to read: +8869.86. +(a) Subject to any limitations on transferred private activity bond limit as may be provided in subdivision (d) of Section 8869.85, any state agency or local agency may utilize its private activity bond limit for any of the following: +(1) The issuance of private activity bonds. +(2) If permitted by the committee, to make a carryforward election pursuant to Section 142(k) or Section 146(f) of the Internal Revenue Code. +(3) If permitted by the committee, to make a transfer to any state agency, local agency, or the committee. +(b) Prior to issuing any private activity bonds, the issuer shall, in the bond resolution or other similar action giving approval for the issuance of bonds, specifically designate to the bond issue a portion of the private activity bond limit available or expected to be available to that issuer. The designation shall be irrevocable upon the issuance of the bonds to the extent of the amount thereof. +(c) Each state agency and local agency shall notify the committee in writing, as directed by the committee, after any of the following: +(1) The issuance of any private activity bonds. +(2) Any action taken pursuant to subdivision (d) of Section 8869.85 to transfer any portion of its private activity bond limit. +(3) Any election to treat all or any portion of the state agency’s or local agency’s private activity bond limit as a carryforward pursuant to Section 142(k) or Section 146(f) of the Internal Revenue Code. The committee shall keep the notices in its records for a period no less than the term of all private activity bonds issued as described in the notices. +SEC. 6. +Section 8869.93 of the Government Code is amended to read: +8869.93. +The Treasurer, or his or her designee, is designated as the state official to certify that an issue of private activity bonds meets the requirements of Section 142(k) or Section 146 of the Internal Revenue Code of 1986, as amended, and to take any and all actions as may be necessary or appropriate in connection therewith.","Existing law establishes the California Debt Limit Allocation Committee for the purpose of implementing the volume limit for the state on private activity bonds established pursuant to federal law. The committee’s duties include annually determining a state ceiling on the aggregate amount of private activity bonds that may be issued, and allocating that amount among state and local agencies. Existing law defines the terms “private activity bond” and “state ceiling” for those purposes with regard to an amount specified in federal law. +This bill would revise the findings and declarations with regard to, and the purpose for, the provisions relating to the California Debt Limit Allocation Committee to reflect the American Recovery and Reinvestment Act of 2009. The bill would revise the definition of “private activity bond” and “state ceiling” to also include certain amounts reserved to the state for qualified educational facilities bonds and would make conforming changes with regard to those bonds.","An act to amend Sections 8869.80, 8869.81, 8869.82, 8869.85, 8869.86, and 8869.93 of the Government Code, relating to bonds." +749,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14999 of the Government Code is amended to read: +14999. +The Commission for Economic Development, hereinafter referred to as the commission, is continued in existence. The purpose of the commission is to provide continuing bipartisan legislative, executive branch, and private sector support and guidance on public policies and economic development activities that support job creation and business growth in this state. Among other activities, the commission may undertake any and all of the following: +(a) Assessing specific regional or local economic development problems and making recommendations for solving problems. +(b) Providing a forum for ongoing dialogue on economic issues between state government and the private sector. +(c) Recommending, where deemed appropriate, legislation to require evaluation of demonstration and ongoing economic development projects and programs to ensure continued cost effectiveness. +(d) Identifying and reporting important secondary effects on economic development of programs and regulations which may have other primary purposes. +(e) Undertaking specialized studies and preparing specialized reports at the request of the Governor or Legislature. +(f) Collaborating with statewide and regional organizations on economic and community development initiatives. +(g) Identifying and supporting this state’s access to federal programs, services, and initiatives that would benefit this state’s economy, businesses, and workers. +SEC. 2. +Section 14999.1 of the Government Code is amended to read: +14999.1. +(a) The commission shall consist of the Lieutenant Governor and 16 members appointed as follows: +(1) Three Members of the Senate, appointed by the Senate Rules Committee. +(2) Three Members of the Assembly, appointed by the Speaker of the Assembly. +The Members of the Legislature appointed to the commission shall serve at the pleasure of the appointing power and shall participate in the activities of the commission to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, such Members of the Legislature shall constitute a joint investigating committee on the subject of this chapter and as such shall have the powers and duties imposed upon such committees by the Joint Rules of the Senate and Assembly. +(3) Ten members appointed by the Governor after consultation with business, industry, and labor organizations, with no more than six members registered from the same political party. These 10 members shall include persons from the economic development fields of manufacturing, +tourism, world trade +small business, finance, +and such other fields as may be appropriate. The terms of these 10 members shall be for four years. The terms of the members first appointed shall be as follows: four shall expire January 1, 1973; four January 1, 1974; and two January 1, 1975. +(b) The commission may additionally consist of up to three Members of the California United States Congressional Delegation, who have applied to, and have been appointed +by +by, +the Governor. The Members of the United States Congress appointed to the commission shall serve at the pleasure of the appointing power and shall participate in the activities of the commission to the extent that such participation is not incompatible with their respective positions as Members of the United States Congress. +(c) The Lieutenant Governor shall serve as +chairman +chairperson +of the commission. The commission shall provide for the selection of a vice +chairman +chairperson +who shall be a registered member of a political party different from that of the +chairman. +chairperson. +The commission may select from its membership such other officers as it deems necessary. The +chairman +chairperson +and the vice +chairman +chairperson +shall be ad hoc members of all committees. +(d) The Governor shall appoint, upon the nomination of the Lieutenant Governor, an executive secretary for the commission. The executive secretary shall serve at the pleasure of the Lieutenant Governor. The Lieutenant Governor shall appoint the staff of the commission. The staff shall be employees of the Lieutenant Governor’s office. +SEC. 3. +Section 14999.2 of the Government Code is amended to read: +14999.2. +The commission may appoint task forces to study and report on specific issues relating to the purposes of this chapter. The commission may contract for studies and other special services for purposes of this chapter. All studies and reports of the commission are public documents and shall be posted on the Internet Web site of the Lieutenant Governor for not less than 24 months. +SEC. 4. +Section 14999.3 of the Government Code is amended to read: +14999.3. +The commission +shall +may +appoint advisory committees from outside its membership to represent the aerospace, manufacturing, logistics, tourism, and world trade segments of the state’s economy, and such other advisory committees as it deems necessary for the purpose of carrying out its responsibilities as set forth in this chapter. No reimbursement for travel within the state or per diem is authorized for participation on an advisory committee or for testifying before an advisory committee. +SEC. 5. +Section 14999.4 of the Government Code is amended to read: +14999.4. +(a) Except as provided in subdivision (b), members of the commission, including members appointed pursuant to subdivision (b) of Section 14999.1, shall serve without compensation, but shall be reimbursed for actual necessary expenses for travel within the state incurred in the performance of their duties, as authorized by the commission chairperson. +(b) Members representing the Senate and Assembly shall receive reimbursement from their legislative funds. +SEC. 6. +Section 14999.5 of the Government Code is amended to read: +14999.5. +All meetings of the commission shall be open and public and all persons shall be permitted to attend any meetings of the commission. +SEC. 7. +Section 14999.6 of the Government Code is amended to read: +14999.6. +(a) The commission may act at any regular or special meeting, by teleconference, via an Internet Web site, or other electronic means, or a combination thereof. Regular meetings shall be held once during each +three-month +four-month +period and special meetings may be called by the +chairman +chairperson +at any time he or she deems it is necessary to handle special or emergency matters. +(b) A majority of the members described in subdivision (a) of Section 14999.1 shall constitute a quorum for the transaction of business for the commission. The transaction of business does not include taking testimony or discussing issues that will be acted on at a future +meeting or pursuant to subparagraph (2) of subdivision (c). +meeting. +(c) The commission may also act without a meeting if a majority of the members approve of the action taken in writing. +(d) Any member described in subdivision (a) of Section 14999.1 who misses attending three consecutive meetings without good +cause, +cause +may be replaced. +SEC. 8. +Section 14999.7 of the Government Code is amended to read: +14999.7. +The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, +including +including, +but not limited to, all of the following: +(a) To adopt rules and regulations as it deems advisable with respect to the conduct of its own affairs. +(b) To hold hearings, make and sign agreements, and to do or perform any acts which may be necessary, desirable, or proper to carry out the purposes of this chapter. +(c) To cooperate with, and secure the cooperation of, any department, division, bureau, commission, or other agency of the state, other federal, foreign, or local government, public entity, private organization, or corporation to facilitate it to properly carry out its powers and duties pursuant to this chapter. +(d) To accept any federal funds granted, by act of the United States Congress or by executive order, for all or any of the purposes of this chapter. +(e) To accept any gifts, donations, grants, or bequests for all or any of the purposes of this chapter. +SEC. 9. +Section 14999.8 of the Government Code is amended to read: +14999.8. +(a) The commission shall consider programs, services, technologies, and actions to further the economic development of the state. +(b) The commission +shall +may +study the laws and programs of other states relating to economic development, job creation, entrepreneurship, +economic mobility, +competitiveness, and +the encouragement of civic leaders and business and industry. +other economic development-related topics. +The commission may confer with governmental officials, civic leaders, business and industry, and any other persons or organizations +interested in the promotion of economic development, job creation, entrepreneurship, and competitiveness. +deemed necessary by the chairperson to carry out the purposes of this chapter. +(c) The commission +shall +may +make recommendations concerning legislation affecting the economic development of the state. +SEC. 10. +Section 14999.9 of the Government Code is amended to read: +14999.9. +(a) The commission shall make a report of its activities, findings, and recommendations to the Governor and the Legislature not later than February 1 of each year. +(b) A report to the Legislature pursuant to this section shall be submitted in compliance with Section 9795. +SEC. 11. +Section 14999.10 of the Government Code is amended to read: +14999.10. +(a) The Legislature finds and declares that the Commission for Economic Development is solely an advisory body to the Legislature, to the Governor, and to state departments, offices, and agencies, and that the duties and functions given the commission are part of, or incidental to, its work as an advisory body. +(b) The Legislature further finds and declares that no person shall, by virtue of his or her membership on the commission, be deemed or held to be an officer of the State of California.","Existing law establishes the Commission +on +for +Economic Development, as solely an advisory body, and provides that the purpose of the commission is to provide continuing bipartisan legislative branch, executive branch, and private sector support and guidance for the best overall economic development of the state by any specified means. Under existing law, the membership of the committee consists of the Lieutenant Governor and 16 other members, including 6 Members of the Legislature appointed by the Senate Committee on Rules and the Speaker of the Assembly and 10 members representing business, industry, and labor organizations appointed by the Governor. Existing law authorizes the commission to appoint task forces to study and report on specific issues relating to these purposes. Existing law authorizes the commission to act at any regular or special +meeting. +meeting and requires regular meetings to be held once during each 3-month period. Existing law requires the commission to appoint advisory committees from outside its membership to represent, among other industries, aerospace and to study laws and programs of other states relating to economic development and the encouragement of business and industry. +This bill would provide that the purpose of the commission is to provide that continuing support and guidance on public policies and economic development activities that support job creation and business growth in this state. The bill would additionally authorize the commission to collaborate with statewide and regional organizations on economic and community development initiatives and identify and support this state’s access to federal programs, as provided. The bill would authorize the addition of up to 3 Members of the California Congressional Delegation to the commission and would require these members to apply and be appointed by the Governor. The bill would declare all studies and reports of the commission to be public documents and would require them to be posted on the Internet Web site of the Lieutenant Governor for not less than 24 months. The bill would additionally authorize the commission to act by teleconference, via an Internet Web site, or other electronic means, or a combination of a meeting and electronic +means. +means and would instead require regular meetings to occur once during each 4-month period. The bill would authorize, rather than require, the commission to appoint advisory committees from outside its membership and to study laws and programs of other states relating to economic development, including, among others, economic mobility. +The bill would also make numerous technical and conforming changes.","An act to amend Sections 14999, 14999.1, 14999.2, 14999.3, 14999.4, 14999.5, 14999.6, 14999.7, 14999.8, 14999.9, and 14999.10 of the Government Code, relating to economic development." +750,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) One of the biggest challenges currently faced by charter schools is finding suitable facilities and funding for those facilities. Charter schools typically do not receive local funding through bonds and must pay for their facilities out of general operating expenses. As a result, many charter schools turn to private financing and bond transactions to pay for a long-term facilities solution. +(b) The California School Finance Authority currently operates several valuable programs to assist schools seeking facilities financing, including its conduit revenue bond financing program. However, because charter schools are generally rated low or below investment grade, and the State of California does not directly guarantee or provide for payment of charter school revenue bonds issued through the California School Finance Authority, charter schools that issue revenue bonds to finance public school facilities face excessive interest rates. +(c) A program that provides funds to insure or guarantee school facility bonds issued by the California School Finance Authority to assist charter schools with the acquisition, renovation, or construction of school facilities, or the refinancing of existing charter school facility debt, would lower borrowing costs for those schools and ensure more funds remain in California’s classrooms. +SEC. 2. +The heading of Article 1 (commencing with Section 17170) is added to Chapter 18 of Part 10 of Division 1 of Title 1 of the Education Code, to read: +Article 1. General Provisions +SEC. 3. +The heading of Article 2 (commencing with Section 17172) is added to Chapter 18 of Part 10 of Division 1 of Title 1 of the Education Code, to read: +Article 2. California School Finance Authority +SEC. 4. +Article 3 (commencing with Section 17200) is added to Chapter 18 of Part 10 of Division 1 of Title 1 of the Education Code, to read: +Article 3. California Credit Enhancement Program +17200. +There is hereby created the California Credit Enhancement Program within the authority. The purpose of the program is to establish a fund to be used to insure facility bonds issued by the authority in order to achieve lower cost alternatives for public school facilities financing. +17201. +Notwithstanding Section 17182, in addition to the powers authorized by this chapter, the authority may leverage its funding for the California Credit Enhancement Program so the amount of credit insurance provided pursuant to the California Credit Enhancement Program exceeds the amount of funds on deposit in the California Credit Enhancement Account within the California School Finance Authority Fund created pursuant to Section 17203. +17202. +The authority shall adopt regulations to carry out the provisions of this article. The authority may consult with subject matter experts in the development of the regulations, which shall include, but not be limited to, all of the following: +(a) Eligibility criteria for participating public schools, including financial, performance, organizational, and governance criteria. A public school that is fiscally sound and that has a good credit rating may participate in the California Credit Enhancement Program. +(b) Parameters and procedures for the provision of credit enhancement to eligible financing transactions, including, but not limited to, maximum credit enhancement limits, and provisions necessary to accommodate federal, state, and local regulatory compliance. +(c) The application process and fee schedule. +(d) A definition of “default” for purposes of the program, and procedures so that, in the event of a default, funds from the California Credit Enhancement Account are paid out only after all other sources of payment and credit enhancement to an eligible financing transaction are exhausted. +(e) Options, in the event of a default, to ensure that the first priority of the facility is the continued use for public school purposes. These options may include, but are not limited to, the relet or sale of the facility to another public school and a mechanism by which the state has a right of first refusal to purchase the facility instead of it being sold in a foreclosure sale. +(f) The structure and guidelines for investing in the California Credit Enhancement Program. +17203. +There is hereby created the California Credit Enhancement Account within the California School Finance Authority Fund, established pursuant to Section 17181. The authority shall deposit funds identified for the California Credit Enhancement Program in the California Credit Enhancement Account. The authority may, at its discretion, deposit fees collected in accordance with this chapter in the California Credit Enhancement Account, in addition to the funds authorized to be collected pursuant to Section 17181. The authority may designate and hold separately one or more subaccounts within the California Credit Enhancement Account. Nothing in this section shall be construed to require the authority to deposit, or the Legislature to appropriate, funds for the purposes established in this article. +17204. +(a) Notwithstanding any other law, bond insurance, credit enhancement, or other guarantees issued under this chapter shall not be deemed to constitute a debt or liability of the state, or any political subdivision thereof, and shall not be deemed to be a pledge of the faith and credit of the state, or any political subdivision thereof, other than the authority. Bond insurance, credit enhancement, or other guarantees of the authority shall be payable solely from funds available in the California Credit Enhancement Account. +(b) Each bond insurance policy, credit enhancement instrument, or other guarantee of the authority issued under the California Credit Enhancement Program shall include a statement on its face that neither the State of California nor the authority is obligated to pay the principal or interest thereon, except from revenues of the authority available therefor, and shall also include a statement that neither the faith or credit, nor the taxing power of the State of California, or any political subdivision thereof, is pledged to the payment of the principal or interest of the bonds covered by the California Credit Enhancement Program. +(c) The issuance of bond insurance, credit enhancement, or other guarantees under this chapter shall not directly, indirectly, or contingently obligate the state, or any political subdivision thereof, to levy or pledge any form of taxation, or make any appropriation for their payment.","The California School Finance Authority Act establishes the California School Finance Authority, and authorizes the authority to, among other things, issue revenue bonds to finance or refinance educational facility projects for school districts, charter schools, county offices of education, and community college districts. Existing law establishes the California School Finance Authority Fund, administered by the authority, and continuously appropriates moneys in the fund for purposes of the act. +This bill would create within the authority the California Credit Enhancement Program for the purpose of establishing a fund to insure school facility bonds issued by the authority pursuant to the act, as specified. The bill would create the California Credit Enhancement Account within the California School Finance Authority Fund, would authorize the authority to deposit fees collected pursuant to the program in that account, and would specify that bond insurance, credit enhancement, or other guarantees of the authority shall be payable solely from funds available in that account. By authorizing money in the California School Finance Authority Fund to be used for a new purpose, the bill would make an appropriation. The bill would require the authority to adopt regulations to carry out the program, including, but not limited to, regulations establishing eligibility criteria and a definition of “default” for purposes of the program.","An act to add the headings of Article 1 (commencing with Section 17170) and Article 2 (commencing with Section 17172) to, and to add Article 3 (commencing with Section 17200) to, Chapter 18 of Part 10 of Division 1 of Title 1 of the Education Code, relating to school facilities, and making an appropriation therefor." +751,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 82002 of the Government Code is amended to read: +82002. +(a) “Administrative action” means either of the following: +(1) The proposal, drafting, development, consideration, amendment, enactment, or defeat by any state agency of any rule, regulation, or other action in any ratemaking proceeding or any quasi-legislative proceeding, which shall include any proceeding governed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. +(2) With regard only to placement agents, the decision by any state agency to enter into a contract to invest state public retirement system assets on behalf of a state public retirement system. +(b) “Ratemaking proceeding” means, for the purposes of a proceeding before the Public Utilities Commission, any proceeding in which it is reasonably foreseeable that a rate will be established, including, but not limited to, general rate cases, performance-based ratemaking, and other ratesetting mechanisms. +(c) “Quasi-legislative proceeding” means, for purposes of a proceeding before the Public Utilities Commission, any proceeding that involves consideration of the establishment of a policy that will apply generally to a group or class of persons, including, but not limited to, rulemakings and investigations that may establish rules affecting an entire industry. +(d) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. +SEC. 2. +Section 82002 is added to the Government Code, to read: +82002. +(a) “Administrative action” means any of the following: +(1) The proposal, drafting, development, consideration, amendment, enactment, or defeat by any state agency of any rule, regulation, or other action in any ratemaking proceeding or any quasi-legislative proceeding, which shall include any proceeding governed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. +(2) With regard only to placement agents, the decision by any state agency to enter into a contract to invest state public retirement system assets on behalf of a state public retirement system. +(3) Governmental Procurement. +(b) “Ratemaking proceeding” means, for purposes of a proceeding before the Public Utilities Commission, any proceeding in which it is reasonably foreseeable that a rate will be established, including, but not limited to, general rate cases, performance-based ratemaking, and other ratesetting mechanisms. +(c) “Quasi-legislative proceeding” means, for purposes of a proceeding before the Public Utilities Commission, any proceeding that involves consideration of the establishment of a policy that will apply generally to a group or class of persons, including, but not limited to, rulemakings and investigations that may establish rules affecting an entire industry. +(d) (1) “Governmental procurement” means any of the following with respect to influencing a state procurement contract for which the total estimated cost exceeds two hundred fifty thousand dollars ($250,000): +(A) Preparing the terms, specifications, bid documents, request for proposals, or evaluation criteria for the procurement contract. +(B) Soliciting for the procurement contract. +(C) Evaluating the procurement contract. +(D) Scoring criteria for the procurement contract. +(E) Awarding, approving, denying, or disapproving the procurement contract. +(F) Approving or denying an assignment, amendment, other than an amendment authorized and payable under the terms of the procurement contract as the procurement contract was finally awarded or approved, renewal, or extension of the procurement contract, or any other material change in the procurement contract resulting in financial benefit to the offeror. +(2) “Governmental procurement” does not include any activity undertaken by a placement agent, as that term is defined in Section 82047.3. +(e) This section shall become operative on January 1, 2017. +SEC. 3. +Section 82039 of the Government Code is amended to read: +82039. +(a) “Lobbyist” means either of the following: +(1) Any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, or whose principal duties as an employee are, to communicate directly or through his or her agents with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative action. +(2) A placement agent, as defined in Section 82047.3. +(b) An individual is not a lobbyist by reason of activities described in Section 86300. +(c) For the purposes of subdivision (a), a proceeding before the Public Utilities Commission constitutes “administrative action” if it meets any of the definitions set forth in subdivision (b) or (c) of Section 82002. However, a communication made for the purpose of influencing this type of Public Utilities Commission proceeding is not within subdivision (a) if the communication is made at a public hearing, public workshop, or other public forum that is part of the proceeding, or if the communication is included in the official record of the proceeding. +(d) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. +SEC. 4. +Section 82039 is added to the Government Code, to read: +82039. +(a) “Lobbyist” means any of the following: +(1) Any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, or whose principal duties as an employee are, to communicate directly or through his or her agents with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative action, except for administrative action that is governmental procurement, as defined in subdivision (d) of Section 82002. +(2) A placement agent, as defined in Section 82047.3. +(3) Any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, to communicate directly or through his or her agents on behalf of any person other than his or her employer with any elective state official, agency official, or legislative official for the purpose of influencing administrative action that is governmental procurement, as defined in subdivision (d) of Section 82002. +(b) An individual is not a lobbyist by reason of activities described in Section 86300. +(c) For the purposes of subdivision (a), a proceeding before the Public Utilities Commission constitutes “administrative action” if it meets any of the definitions set forth in subdivision (b) or (c) of Section 82002. However, a communication made for the purpose of influencing this type of Public Utilities Commission proceeding is not within subdivision (a) if the communication is made at a public hearing, public workshop, or other public forum that is part of the proceeding, or if the communication is included in the official record of the proceeding. +(d) This section shall become operative on January 1, 2017. +SEC. 5. +Section 86207 is added to the Government Code, to read: +86207. +(a) Notwithstanding any other law, the penalties imposed by this title shall be the exclusive remedy for a violation of this chapter with respect to requirements for governmental procurement lobbying. +(b) This section shall become operative on January 1, 2017. +SEC. 6. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 7. +The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. +SEC. 8. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to provide the Fair Political Practices Commission with authority and sufficient time to adopt regulations necessary to implement the substantive requirements of this act before the January 1, 2017, operative date, it is necessary that this bill take effect immediately.","Existing provisions of the Political Reform Act of 1974 regulate the activities of lobbyists, lobbying firms, and lobbyist employers in connection with attempts to influence legislative and administrative action by legislative and other state officials, including requirements that lobbyists, lobbying firms, and lobbyist employers register and file periodic reports with the Secretary of State. For purposes of these provisions, “lobbyist” is defined, in part, as an individual who receives $2,000 or more in economic consideration in a calendar month, or whose principal duties as an employee are, to communicate with specified officials for the purpose of influencing legislative or administrative action. +This bill would revise the definition of “lobbyist” to include specified conduct by an individual acting on behalf of any person other than his or her employer for the purpose of influencing administrative action that is governmental procurement, which is further defined to include various actions regarding a state procurement contract for which the total estimated cost exceeds $250,000, thereby making the above-described lobbying requirements applicable to the specified attempts to influence governmental procurement. This bill would provide that the act’s penalty provisions are the exclusive remedy for a violation of the act’s requirements concerning governmental procurement lobbying. +The bill would makes these provisions operative on January 1, 2017. +Because a willful violation of the act’s provisions is punishable as a misdemeanor, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a +2/3 +vote of each house and compliance with specified procedural requirements. +This bill would declare that it furthers the purposes of the act. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend, add, and repeal Sections 82002 and 82039 of, and to add Section 86207 to, the Government Code, relating to the Political Reform Act of 1974, and declaring the urgency thereof, to take effect immediately." +752,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25200.1.3 is added to the Health and Safety Code, to read: +25200.1.3. +The department shall, within 90 days of receiving a renewal application for a hazardous waste facilities permit, hold a public meeting in or near the community in which the hazardous waste facility is located in order to inform the public of the submission of the renewal application, the process for reviewing and making a decision on the renewal application, how the public can participate in the process, and the facility’s enforcement history. +SEC. 2. +Section 25205 of the Health and Safety Code is amended to read: +25205. +(a) Except as provided in Section +25245.5, +25245.4, +the department shall not issue or renew a permit to operate a hazardous waste facility unless the owner or operator of the facility establishes and maintains the financial assurances required pursuant to Article 12 (commencing with Section 25245). +(b) The grant of interim status of a facility, or any portion thereof, that is operating under a grant of interim status pursuant to Section 25200.5, based on the facility having been in existence on November 19, 1980, shall terminate on July 1, 1997, unless the department certifies, on or before July 1, 1997, that the facility is in compliance with the financial assurance requirements of Article 12 (commencing with Section 25245) for a facility in operation since November 19, 1980, for all units, tanks, and equipment for which the facility has authorization to operate pursuant to its grant of interim status. +(c) The department shall review the financial assurances required to operate a hazardous waste facility at least once every five years. If the department’s review finds the financial assurances for a facility to be inadequate, the department shall notify the owner or operator of the facility and require the owner or operator to update and adopt adequate financial assurances within 90 days. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SECTION 1. +The Legislature finds and declares all of the following: +(a)Efforts to reduce greenhouse gas emissions and enhance carbon sequestration on river systems will have significant economic, social, and environmental cobenefits and can aid progress on efforts to prepare for climate change risks. +(b)Investing in river systems allows for cobenefits, including protection of water supply and water quality, air quality, species habitat, recreation, jobs, flood protection, reduced heat-island effects, and reduced energy use. +(c)To ensure resilience and proper carbon management of these river systems, an integrated program must be developed to maximize the carbon management of the systems as well as effectively use existing state and regional funding. +SEC. 2. +Chapter 10.5 (commencing with Section 5845) is added to Division 5 of the +Public Resources Code +, to read: +10.5. +The California River Revitalization and Greenway Development Act of 2015 +5845. +This chapter shall be known, and may be cited, as CalRIVER. +5846. +It is the intent of the Legislature that, in an effort to reduce greenhouse gas emissions and increase greenhouse gas sequestration, the state shall protect, restore, and enhance a network of river systems and their riparian corridors to increase water retention, improve water quality, improve urban greening and urban reforestation, reduce the heat-island effect, increase active transportation, such as biking and walking, improve nonmotorized mobility in the surrounding communities, and decrease vehicle miles traveled. +5847. +(a)The Natural Resources Agency shall establish a grant program for projects on or adjacent to riparian corridors that furthers the regulatory purposes of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and meets the requirements of the Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code). +(b)To be eligible for funding under the program, a project shall demonstrate that it will achieve a reduction in emissions of greenhouse gases. In selecting projects for funding, the Natural Resources Agency, in consultation with the State Air Resources Board, shall consider the extent to which a project reduces emissions of greenhouse gases. +(c)In evaluating grant applications for funding, the Natural Resources Agency shall, in addition to prioritizing projects pursuant to subdivision (b), consider the extent to which a project provides the greatest level of the following cobenefits: +(1)Recreational access to and improved human interaction with a river or riparian corridor, especially in urban corridors and park-starved communities. +(2)Improved transportation mobility, especially pedestrian, bicycle, and public transit. +(3)Economic viability of the surrounding community by promoting appropriate development, especially in an urban setting. +(4)Development of visitor-serving and interpretive facilities. +(5)Access and development of pocket parks, community gardens, demonstration gardens, and other urban greening. +(6)Species protections and the protection of habitat strongholds, including improved wildlife corridors. +(7)Improved resiliency in the face of unavoidable impacts from climate change. +(8)Improved water supply, flood protection, and water quality, including the water quality of impaired water bodies through river restoration. +(9)Job training and workforce development, especially projects that involve disadvantaged youth and veterans. +(10)Improved stormwater retention. +(d)Projects receiving funding pursuant to this chapter shall also be consistent with both of the following: +(1)The California Water Action Plan published by the Governor. +(2)The Safeguarding California Plan published by the Natural Resources Agency. +(e)Projects receiving funding pursuant to this chapter for flood protection shall be consistent, as applicable, with Chapter 4 (commencing with Section 8400) of Part 2 of Division 5, Part 6 (commencing with Section 9600) of Division 5, and Part 9 (commencing with Section 12980) of Division 6, of the Water Code. +(f)The Natural Resources Agency shall also prioritize funding pursuant to this chapter for projects with the following characteristics: +(1)Are consistent with a parkway, greenway, or urban greening plan. +(2)Leverage moneys from the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election. +(3)Provide recreational access and opportunities to major metropolitan areas of the state, including those that are relatively underserved by parks. +5848. +The CalRIVER fund is hereby created in the State Treasury to be administered by the Natural Resources Agency. The moneys in the CalRIVER Fund, upon appropriation by the Legislature, shall be expended by the Natural Resources Agency in accordance with this chapter. The Legislature may transfer moneys to the fund from bond proceeds and special funds, including, but not limited to, the Greenhouse Gas Reduction Fund, created by Section 16428.8 of the Government Code. +5849. +The secretary shall develop regulations, criteria, or procedural guidelines for the implementation of this chapter.","Existing law, as part of the hazardous waste control law, requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. Existing law requires the department to impose certain conditions on each hazardous waste facilities permit and authorizes the department to impose other conditions on a hazardous waste facilities permit, as specified. A violation of the hazardous waste control law is a crime. +This bill would require the department, within 90 days of receiving a renewal application for a hazardous waste facilities permit, to hold a public meeting for specified purposes in or near the community in which the hazardous waste facility is located. +Existing law prohibits the department from issuing or renewing a permit to operate a hazardous waste facility unless the owner or operator of the facility establishes and maintains financial assurances. +This bill would require the department to review the financial assurances required to operate a hazardous waste facility at least once every 5 years. If the department’s review finds the financial assurances for a facility to be inadequate, the bill would require the department to notify the owner or operator of the facility and would require the owner or operator to update and adopt adequate financial assurances within 90 days. +Because a violation of the bill’s requirements would be a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +Existing law establishes various plans and programs to preserve, protect, and rehabilitate lands adjacent to rivers in the state. +The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. +This bill would require the Natural Resources Agency to establish a grant program for projects on or adjacent to riparian corridors that, among other things, furthers the regulatory purposes of the California Global Warming Solutions Act of 2006 and to consider the extent to which a project reduces emissions of greenhouse gases and provides the greatest level of specified cobenefits. The bill would create the CalRIVER Fund in the State Treasury, with moneys in the fund to be available upon appropriation to implement the grant program. +The bill would require the secretary of the agency to develop regulations, criteria, or procedural guidelines for the implementation of the grant program.","An act to add Chapter 10.5 (commencing with Section 5845) to Division 5 of the Public Resources Code, relating to rivers. +An act to amend Section 25205 of, and to add Section 25200.1.3 to, the Health and Safety Code, relating to hazardous waste facilities." +753,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1250 of the Health and Safety Code is amended to read: +1250. +As used in this chapter, “health facility” means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer, and includes the following types: +(a) “General acute care hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services. A general acute care hospital may include more than one physical plant maintained and operated on separate premises as provided in Section 1250.8. A general acute care hospital that exclusively provides acute medical rehabilitation center services, including at least physical therapy, occupational therapy, and speech therapy, may provide for the required surgical and anesthesia services through a contract with another acute care hospital. In addition, a general acute care hospital that, on July 1, 1983, provided required surgical and anesthesia services through a contract or agreement with another acute care hospital may continue to provide these surgical and anesthesia services through a contract or agreement with an acute care hospital. The general acute care hospital operated by the State Department of Developmental Services at Agnews Developmental Center may, until June 30, 2007, provide surgery and anesthesia services through a contract or agreement with another acute care hospital. Notwithstanding the requirements of this subdivision, a general acute care hospital operated by the Department of Corrections and Rehabilitation or the Department of Veterans Affairs may provide surgery and anesthesia services during normal weekday working hours, and not provide these services during other hours of the weekday or on weekends or holidays, if the general acute care hospital otherwise meets the requirements of this section. +A “general acute care hospital” includes a “rural general acute care hospital.” However, a “rural general acute care hospital” shall not be required by the department to provide surgery and anesthesia services. A “rural general acute care hospital” shall meet either of the following conditions: +(1) The hospital meets criteria for designation within peer group six or eight, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982. +(2) The hospital meets the criteria for designation within peer group five or seven, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982, and has no more than 76 acute care beds and is located in a census dwelling place of 15,000 or less population according to the 1980 federal census. +(b) “Acute psychiatric hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care for persons with mental health disorders or other patients referred to in Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code, including the following basic services: medical, nursing, rehabilitative, pharmacy, and dietary services. +(c) (1) “Skilled nursing facility” means a health facility that provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. +(2) “Skilled nursing facility” includes a “small house skilled nursing facility (SHSNF),” as defined in Section 1323.5. +(d) “Intermediate care facility” means a health facility that provides inpatient care to ambulatory or nonambulatory patients who have recurring need for skilled nursing supervision and need supportive care, but who do not require availability of continuous skilled nursing care. +(e) “Intermediate care facility/developmentally disabled habilitative” means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, habilitation, developmental, and supportive health services to 15 or fewer persons with developmental disabilities who have intermittent recurring needs for nursing services, but have been certified by a physician and surgeon as not requiring availability of continuous skilled nursing care. +(f) “Special hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical or dental staff that provides inpatient or outpatient care in dentistry or maternity. +(g) “Intermediate care facility/developmentally disabled” means a facility that provides 24-hour personal care, habilitation, developmental, and supportive health services to persons with developmental disabilities whose primary need is for developmental services and who have a recurring but intermittent need for skilled nursing services. +(h) “Intermediate care facility/developmentally disabled-nursing” means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have intermittent recurring needs for skilled nursing care but have been certified by a physician and surgeon as not requiring continuous skilled nursing care. The facility shall serve medically fragile persons with developmental disabilities or who demonstrate significant developmental delay that may lead to a developmental disability if not treated. +(i) (1) “Congregate living health facility” means a residential home with a capacity, except as provided in paragraph (4), of no more than 18 beds, that provides inpatient care, including the following basic services: medical supervision, 24-hour skilled nursing and supportive care, pharmacy, dietary, social, recreational, and at least one type of service specified in paragraph (2). The primary need of congregate living health facility residents shall be for availability of skilled nursing care on a recurring, intermittent, extended, or continuous basis. This care is generally less intense than that provided in general acute care hospitals but more intense than that provided in skilled nursing facilities. +(2) Congregate living health facilities shall provide one or more of the following services: +(A) Services for persons who are mentally alert, persons with physical disabilities, who may be ventilator dependent. +(B) Services for persons who have a diagnosis of terminal illness, a diagnosis of a life-threatening illness, or both. Terminal illness means the individual has a life expectancy of six months or less as stated in writing by his or her attending physician and surgeon. A “life-threatening illness” means the individual has an illness that can lead to a possibility of a termination of life within five years or less as stated in writing by his or her attending physician and surgeon. +(C) Services for persons who are catastrophically and severely disabled. A person who is catastrophically and severely disabled means a person whose origin of disability was acquired through trauma or nondegenerative neurologic illness, for whom it has been determined that active rehabilitation would be beneficial and to whom these services are being provided. Services offered by a congregate living health facility to a person who is catastrophically disabled shall include, but not be limited to, speech, physical, and occupational therapy. +(3) A congregate living health facility license shall specify which of the types of persons described in paragraph (2) to whom a facility is licensed to provide services. +(4) (A) A facility operated by a city and county for the purposes of delivering services under this section may have a capacity of 59 beds. +(B) A congregate living health facility not operated by a city and county servicing persons who are terminally ill, persons who have been diagnosed with a life-threatening illness, or both, that is located in a county with a population of 500,000 or more persons, or located in a county of the 16th class pursuant to Section 28020 of the Government Code, may have not more than 25 beds for the purpose of serving persons who are terminally ill. +(5) A congregate living health facility shall have a noninstitutional, homelike environment. +(j) (1) “Correctional treatment center” means a health facility operated by the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or a county, city, or city and county law enforcement agency that, as determined by the department, provides inpatient health services to that portion of the inmate population who do not require a general acute care level of basic services. This definition shall not apply to those areas of a law enforcement facility that houses inmates or wards who may be receiving outpatient services and are housed separately for reasons of improved access to health care, security, and protection. The health services provided by a correctional treatment center shall include, but are not limited to, all of the following basic services: physician and surgeon, psychiatrist, psychologist, nursing, pharmacy, and dietary. A correctional treatment center may provide the following services: laboratory, radiology, perinatal, and any other services approved by the department. +(2) Outpatient surgical care with anesthesia may be provided, if the correctional treatment center meets the same requirements as a surgical clinic licensed pursuant to Section 1204, with the exception of the requirement that patients remain less than 24 hours. +(3) Correctional treatment centers shall maintain written service agreements with general acute care hospitals to provide for those inmate physical health needs that cannot be met by the correctional treatment center. +(4) Physician and surgeon services shall be readily available in a correctional treatment center on a 24-hour basis. +(5) It is not the intent of the Legislature to have a correctional treatment center supplant the general acute care hospitals at the California Medical Facility, the California Men’s Colony, and the California Institution for Men. This subdivision shall not be construed to prohibit the Department of Corrections and Rehabilitation from obtaining a correctional treatment center license at these sites. +(k) “Nursing facility” means a health facility licensed pursuant to this chapter that is certified to participate as a provider of care either as a skilled nursing facility in the federal Medicare Program under Title XVIII of the federal Social Security Act (42 U.S.C. Sec. 1395 et seq.) or as a nursing facility in the federal Medicaid Program under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), or as both. +(l) Regulations defining a correctional treatment center described in subdivision (j) that is operated by a county, city, or city and county, the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall not become effective prior to, or, if effective, shall be inoperative until January 1, 1996, and until that time these correctional facilities are exempt from any licensing requirements. +(m) “Intermediate care facility/developmentally disabled-continuous nursing (ICF/DD-CN)” means a homelike facility with a capacity of four to eight, inclusive, beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have continuous needs for skilled nursing care and have been certified by a physician and surgeon as warranting continuous skilled nursing care. The facility shall serve medically fragile persons who have developmental disabilities or demonstrate significant developmental delay that may lead to a developmental disability if not treated. ICF/DD-CN facilities shall be subject to licensure under this chapter upon adoption of licensing regulations in accordance with Section 1275.3. A facility providing continuous skilled nursing services to persons with developmental disabilities pursuant to Section 14132.20 or 14495.10 of the Welfare and Institutions Code shall apply for licensure under this subdivision within 90 days after the regulations become effective, and may continue to operate pursuant to those sections until its licensure application is either approved or denied. +(n) “Hospice facility” means a health facility licensed pursuant to this chapter with a capacity of no more than 24 beds that provides hospice services. Hospice services include, but are not limited to, routine care, continuous care, inpatient respite care, and inpatient hospice care as defined in subdivision (d) of Section 1339.40, and is operated by a provider of hospice services that is licensed pursuant to Section 1751 and certified as a hospice pursuant to Part 418 of Title 42 of the Code of Federal Regulations. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to immediately ensure that eligible patients of congregate living health facilities are able to obtain essential care, and to enable these facilities to provide care for patients currently on a waiting list, it is necessary that this act take effect immediately.","Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, including congregate living health facilities. A violation of these provisions is a misdemeanor. For this purpose, existing law defines “congregate living health facility” as a residential home with a capacity of no more than 12 beds, that provides inpatient care and skilled nursing care on a recurring, intermittent, extended, or continuous basis. +This bill would include in the definition of congregate living health facility a residential home with a capacity of no more than 18 beds that provides inpatient and skilled nursing care, as specified. By changing the definition of a crime, this bill would impose a state-mandated local program. The bill would make other technical, nonsubstantive changes. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 1250 of the Health and Safety Code, relating to health facilities, and declaring the urgency thereof, to take effect immediately." +754,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 2.7 (commencing with Section 15180) is added to Part 6 of Division 3 of Title 2 of the Government Code, to read: +CHAPTER 2.7. Offender Global Positioning System Database +15180. +It is the intent of the Legislature to provide for a statewide database to receive and house all Global Positioning System (GPS) device data for offenders monitored by criminal justice agencies throughout the state. Developing and implementing this database is a matter of public safety and statewide importance. Presently there is no ability for criminal justice agencies to access each other’s GPS device data to determine if an offender placed on GPS by one entity is in the proximity of another offender monitored by a different entity. A GPS database that can be accessed by criminal justice agencies will enhance supervision practices, promote rehabilitative services, assist investigations and ensure offender accountability and community safety. +15181. +The Department of Justice shall implement, operate, and maintain the Offender Global Positioning System Database for the use of criminal justice agencies. +15182. +As used in this chapter, the following terms are defined below: +(a) “Alert” means a notification from the database to the monitoring agency or user. +(b) “Database” means the Offender Global Positioning System Database as described in this chapter. +(c) “Global Positioning System device” or “GPS device” means a device that uses signals from satellites to determine an offender’s physical location with a high degree of accuracy. +(d) “Monitoring agency” means the criminal justice agency responsible, pursuant to statute or court order, for monitoring an offender. +(e) “Offender” means any person convicted of a crime and who is subject to GPS device monitoring by a criminal justice agency. +(f) “Reporting cycle” means the specified minimum interval at which a GPS device is to transmit data to the database. +(g) “User” means a criminal justice agency with a data connection to the database. +15183. +(a) On or before January 1, ______, the Department of Justice shall develop functional specifications and standards for offender GPS devices in compliance with the following objectives: +(1) The GPS device shall transmit GPS data information to the database at a specified reporting cycle. The GPS data information transmitted to the database shall include the following data elements: +(A) Latitude. +(B) Longitude. +(C) The offender’s full name. +(D) The offender’s date of birth. +(E) The monitoring entity’s contact information. +(F) The GPS device identification number. +(2) The GPS device shall be capable of receiving commands from the database to transmit the data information identified in paragraph (1) regardless of the device’s reporting cycle. +(b) On or before January 1, ____, the Department of Justice shall develop functional specifications and standards for the database in compliance with the following objectives: +(1) The database shall receive information from GPS devices to include the data elements in paragraph (1) of subdivision (a). +(2) The database shall permit users to track and view offender’s proximity to other offenders. +(3) The database shall permit users to create and use offender monitoring alert zones. These zones which are electronically demarcated during GPS monitoring, are as follows: +(A) An “inclusion zone” is a geographic area within which it is appropriate for an offender to be present. If the offender leaves this zone, an alert shall occur. +(B) An “exclusion zone” is a geographic area within which an offender is not permitted. If the offender enters this zone, an alert shall occur. +(C) An “investigation zone” is a specialized geographic area created by the monitoring agency or user where, if specified criteria are met, an alert shall occur. +(4) The database shall permit users to send a command to a GPS device or multiple GPS devices to transmit the data information identified in paragraph (1) of subdivision (a), regardless of the device’s reporting cycle. +(5) The database shall permit users to determine if one or more offenders are, or were, at or near a particular location during a specified time frame. +(c) The Department of Justice shall consult with the following entities and groups when developing the functional specifications and standards set forth in subdivisions (a) and (b): +(1) The Department of Corrections and Rehabilitation. +(2) Chief Probation Officers of California. +(3) The California Probation, Parole, and Correctional Association. +(4) The California Police Chiefs Association. +(5) The California Peace Officers’ Association. +(6) GPS device industry representatives. +(d) Each entity and group listed in subdivision (c) may designate a representative to work with the Department of Justice to develop the functional specifications and standards set forth in subdivisions (a) and (b). +(e) Criminal justice agencies that use GPS devices for monitoring offenders shall have the ability to select from different manufacturers and vendors, in accordance with any contracting policies, rules, and regulations governing their authority to contract for those services. The functional specifications and standards shall encourage multiple bidders and shall not have the effect of limiting the criminal justice agencies to choosing a GPS device that is able to be supplied by only one manufacturer or vendor. +(f) Except as provided in subdivision (g), a GPS device purchased or used for GPS monitoring of offenders in this state shall comply with the functional specifications and standards developed pursuant to subdivision (a). +(g) Subdivision (f) does not apply to any GPS devices purchased and used to monitor offenders pursuant to a contract entered into before January 1, ____. +(h) On a triennial basis, following implementation of the functional specifications and standards for GPS devices and the database, the Department of Justice shall consult with the entities and groups identified in subdivision (c) to determine if there are any improvements to the functional specifications and standards for GPS devices and the database needed to meet the needs of law enforcement and to take advantage of advancements in GPS monitoring. The database shall be designed to accommodate present and future data-processing equipment. +15184. +The Department of Justice shall provide, at state expense, connections to the database to one sheriff’s system and one probation department system in each county, hereinafter the “county systems.” Before providing the county systems with connections to the database, the Department of Justice shall adopt and publish for distribution, the operating policies, practices, and procedures for the database, and the security requirements for county systems connecting to the database. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires sex offenders to wear global positioning system (GPS) devices while on parole, and requires some of those offenders to wear those devices for life. +This bill would require the Department of Justice to establish an Offender Global Positioning System Database that would receive and store GPS device data for offenders monitored by criminal justice agencies throughout the state. The database would be required, among other capabilities, to receive specified data and to be able to send commands to a GPS device requiring the device to report data and to comply with other functional requirements. The department would be required to provide, at state expense, connections to the database to one sheriff’s system and one probation department system in each county for purposes of submitting data to the database. +By imposing additional duties on local law enforcement agencies in connection with the operation of the GPS database, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Chapter 2.7 (commencing with Section 15180) to Part 6 of Division 3 of Title 2 of the Government Code, relating to law enforcement." +755,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1203 of the Penal Code is amended to read: +1203. +(a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. As used in this code, “conditional sentence” means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. It is the intent of the Legislature that both conditional sentence and probation are authorized whenever probation is authorized in any code as a sentencing option for infractions or misdemeanors. +(b) (1) Except as provided in subdivision (j), if a person is convicted of a felony and is eligible for probation, before judgment is pronounced, the court shall immediately refer the matter to a probation officer to investigate and report to the court, at a specified time, upon the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment. +(2) (A) The probation officer shall immediately investigate and make a written report to the court of his or her findings and recommendations, including his or her recommendations as to the granting or denying of probation and the conditions of probation, if granted. +(B) Pursuant to Section 828 of the Welfare and Institutions Code, the probation officer shall include in his or her report any information gathered by a law enforcement agency relating to the taking of the defendant into custody as a minor, which shall be considered for purposes of determining whether adjudications of commissions of crimes as a juvenile warrant a finding that there are circumstances in aggravation pursuant to Section 1170 or to deny probation. +(C) If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation report recommends that registration be ordered at sentencing pursuant to Section 290.006, the probation officer’s report shall include the results of the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable. +(D) The probation officer may also include in the report his or her recommendation of both of the following: +(i) The amount the defendant should be required to pay as a restitution fine pursuant to subdivision (b) of Section 1202.4. +(ii) Whether the court shall require, as a condition of probation, restitution to the victim or to the Restitution Fund and the amount thereof. +(E) The report shall be made available to the court and the prosecuting and defense attorneys at least five days, or upon request of the defendant or prosecuting attorney nine days, prior to the time fixed by the court for the hearing and determination of the report, and shall be filed with the clerk of the court as a record in the case at the time of the hearing. The time within which the report shall be made available and filed may be waived by written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court. +A request for a continuance of the hearing based on a failure to make the report available to the parties within the deadlines specified above may be granted by the court only upon a finding of good cause. +(3) At a time fixed by the court, the court shall hear and determine the application, if one has been made, or, in any case, the suitability of probation in the particular case. At the hearing, the court shall consider any report of the probation officer, including the results of the SARATSO, if applicable, and shall make a statement that it has considered the report, which shall be filed with the clerk of the court as a record in the case. If the court determines that there are circumstances in mitigation of the punishment prescribed by law or that the ends of justice would be served by granting probation to the person, it may place the person on probation. If probation is denied, the clerk of the court shall immediately send a copy of the report to the Department of Corrections and Rehabilitation at the prison or other institution to which the person is delivered. +(4) The preparation of the report or the consideration of the report by the court may be waived only by a written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court, except that a waiver shall not be allowed unless the court consents thereto. However, if the defendant is ultimately sentenced and committed to the state prison, a probation report shall be completed pursuant to Section 1203c. +(c) If a defendant is not represented by an attorney, the court shall order the probation officer who makes the probation report to discuss its contents with the defendant. +(d) If a person is convicted of a misdemeanor, the court may either refer the matter to the probation officer for an investigation and a report or summarily pronounce a conditional sentence. If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation officer recommends that the court, at sentencing, order the offender to register as a sex offender pursuant to Section 290.006, the court shall refer the matter to the probation officer for the purpose of obtaining a report on the results of the State-Authorized Risk Assessment Tool for Sex Offenders administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable, which the court shall consider. If the case is not referred to the probation officer, in sentencing the person, the court may consider any information concerning the person that could have been included in a probation report. The court shall inform the person of the information to be considered and permit him or her to answer or controvert the information. For this purpose, upon the request of the person, the court shall grant a continuance before the judgment is pronounced. +(e) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any of the following persons: +(1) Unless the person had a lawful right to carry a deadly weapon, other than a firearm, at the time of the perpetration of the crime or his or her arrest, any person who has been convicted of arson, robbery, carjacking, burglary, burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, kidnapping, escape from the state prison, or a conspiracy to commit one or more of those crimes and who was armed with the weapon at either of those times. +(2) Any person who used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the crime of which he or she has been convicted. +(3) Any person who willfully inflicted great bodily injury or torture in the perpetration of the crime of which he or she has been convicted. +(4) Any person who has been previously convicted twice in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony. +(5) Unless the person has never been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, any person who has been convicted of burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, extortion, kidnapping, escape from the state prison, a violation of Section 286, 288, 288a, or 288.5, or a conspiracy to commit one or more of those crimes. +(6) Any person who has been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, if he or she committed any of the following acts: +(A) Unless the person had a lawful right to carry a deadly weapon at the time of the perpetration of the previous crime or his or her arrest for the previous crime, he or she was armed with a weapon at either of those times. +(B) The person used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the previous crime. +(C) The person willfully inflicted great bodily injury or torture in the perpetration of the previous crime. +(7) Any public official or peace officer of this state or any city, county, or other political subdivision who, in the discharge of the duties of his or her public office or employment, accepted or gave or offered to accept or give any bribe, embezzled public money, or was guilty of extortion. +(8) Any person who knowingly furnishes or gives away phencyclidine. +(9) Any person who intentionally inflicted great bodily injury in the commission of arson under subdivision (a) of Section 451 or who intentionally set fire to, burned, or caused the burning of, an inhabited structure or inhabited property in violation of subdivision (b) of Section 451. +(10) Any person who, in the commission of a felony, inflicts great bodily injury or causes the death of a human being by the discharge of a firearm from or at an occupied motor vehicle proceeding on a public street or highway. +(11) Any person who possesses a short-barreled rifle or a short-barreled shotgun under Section 33215, a machinegun under Section 32625, or a silencer under Section 33410. +(12) Any person who is convicted of violating Section 8101 of the Welfare and Institutions Code. +(13) Any person who is described in subdivision (b) or (c) of Section 27590. +(f) When probation is granted in a case which comes within subdivision (e), the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition. +(g) If a person is not eligible for probation, the judge shall refer the matter to the probation officer for an investigation of the facts relevant to determination of the amount of a restitution fine pursuant to subdivision (b) of Section 1202.4 in all cases where the determination is applicable. The judge, in his or her discretion, may direct the probation officer to investigate all facts relevant to the sentencing of the person. Upon that referral, the probation officer shall immediately investigate the circumstances surrounding the crime and the prior record and history of the person and make a written report to the court of his or her findings. The findings shall include a recommendation of the amount of the restitution fine as provided in subdivision (b) of Section 1202.4. +(h) If a defendant is convicted of a felony and a probation report is prepared pursuant to subdivision (b) or (g), the probation officer may obtain and include in the report a statement of the comments of the victim concerning the offense. The court may direct the probation officer not to obtain a statement if the victim has in fact testified at any of the court proceedings concerning the offense. +(i) A probationer shall not be released to enter another state unless his or her case has been referred to the Administrator of the Interstate Probation and Parole Compacts, pursuant to the Uniform Act for Out-of-State Probationer or Parolee Supervision (Article 3 (commencing with Section 11175) of Chapter 2 of Title 1 of Part 4) and the probationer has reimbursed the county that has jurisdiction over his or her probation case the reasonable costs of processing his or her request for interstate compact supervision. The amount and method of reimbursement shall be in accordance with Section 1203.1b. +(j) In any court where a county financial evaluation officer is available, in addition to referring the matter to the probation officer, the court may order the defendant to appear before the county financial evaluation officer for a financial evaluation of the defendant’s ability to pay restitution, in which case the county financial evaluation officer shall report his or her findings regarding restitution and other court-related costs to the probation officer on the question of the defendant’s ability to pay those costs. +Any order made pursuant to this subdivision may be enforced as a violation of the terms and conditions of probation upon willful failure to pay and at the discretion of the court, may be enforced in the same manner as a judgment in a civil action, if any balance remains unpaid at the end of the defendant’s probationary period. +(k) Probation shall not be granted to, nor shall the execution of, or imposition of sentence be suspended for, any person who is convicted of a violent felony, as defined in subdivision (c) of Section 667.5, or a serious felony, as defined in subdivision (c) of Section 1192.7, and who was on probation for a felony offense at the time of the commission of the new felony offense.","Existing law provides that, if a person is convicted of a felony and is eligible for probation, the court is required to refer the matter to a probation officer to create a probation sentencing report containing specified information that may be considered either in aggravation or mitigation of the punishment before judgment is pronounced. Existing law requires the probation sentencing report to be provided to the court and to the parties at least 5 days, or upon request of the defendant or prosecuting attorney, 9 days, before the sentencing hearing unless the deadline is waived by the parties, as specified. Existing law provides that generally, a person seeking to continue a hearing in a criminal proceeding is required to file and serve a written notice to all parties at least 2 court days before the hearing that is to be continued. +This bill would authorize a court to grant the defendant’s request for continuance when the probation department fails to provide the report by the 5-day or 9-day deadline only if the court finds good cause to grant the continuance.","An act to amend Section 1203 of the Penal Code, relating to probation." +756,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) State agencies contain great amounts of valuable information and reports on all aspects of life for Californians, including, but not limited to, health, business, public safety, labor data, transportation, parks, and recreation. +(b) New information technology has fundamentally changed the way people search for, and expect to find, information, and can aggregate large quantities of data to allow the state to provide information to the public with increasing efficiency and thoroughness. +(c) The state can use these powerful information technology tools to enhance public access to public data, thus making the state more transparent and promoting public trust. +(d) Ensuring the quality and consistency of public data is essential to maintaining its value and utility. +(e) It is the intent of the Legislature by this act to establish an open data policy for state agencies to post public data directly onto a central online Internet Web site at data.ca.gov and provide a single-stop access to public data that is owned, controlled, collected, or maintained by state agencies. +SEC. 2. +Chapter 5.8 (commencing with Section 11549.30) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: +CHAPTER 5.8. The California Open Data Act +Article 1. General Provisions +11549.30. +This chapter shall be known and may be cited as the California Open Data Act. +11549.32. +Unless the context requires otherwise, the following definitions shall apply to this chapter: +(a) “Public data” means all data that is collected by a state agency in pursuit of that state agency’s responsibilities that is otherwise subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). +(b) “State agency” has the same meaning as in Section 11000. +(c) “Strategic enterprise application plan” means a comprehensive program developed by a state agency, articulating both principles and goals related to the application of its services and programs to the current and future needs of enterprise in the state. +(d) “Strategic plan” means a state agency’s evaluation, over a period of up to five years, of its strategy and direction, including, but not limited to, a framework for decisionmaking with respect to resource allocation to achieve defined goals. +Article 2. Chief Data Officer +11549.34. +There is in state government the Chief Data Officer, who shall be appointed by, and serve at the pleasure of, the Governor. The Chief Data Officer shall report to the Secretary of Government Operations. +11549.36. +(a) The Chief Data Officer shall create an inventory of all available public data in the state. +(b) The Chief Data Officer shall establish an Internet Web portal at data.ca.gov to achieve the purposes of this chapter. +Article 3. Open Data Standard +11549.38. +(a) The Chief Data Officer shall establish the California Open Data Standard for state agencies to make public data available. A local government agency may adopt the standard. +(b) In establishing the California Open Data Standard pursuant to subdivision (a), the Chief Data Officer shall consult with the subject matter experts from all state agencies, organizations specializing in technology and innovation, the academic community, and other interested groups designated by the Chief Data Officer. +(c) The California Open Data Standard shall include, but not be limited to, all of the following: +(1) A format that permits public notification of all updates whenever possible. +(2) Requirements to update public data as often as is necessary to preserve the integrity and usefulness of public data to the extent that a state agency regularly maintains or updates public data. +(3) Availability of public data without any registration or license requirement, or restrictions on the use of public data. Registration or license requirements, or restriction on the use of public data do not include measures designed or required to ensure access to public data, protect the Internet Web site housing public data from abuse or attempts to damage or impair the use of the Internet Web site, or analyze the types of public data being accessed to improve service delivery. +(4) Ability of public data to be electronically searched using external information technology. +11549.40. +The Chief Data Officer may establish policies, standards, and guidelines to implement the California Open Data Standard. +11549.42. +On or before July 1, 2016, the Chief Data Officer shall create a Data Working Group composed of all the following: +(a) A data coordinator from each agency listed in Section 12800 who shall be appointed by the secretary of the agency. +(b) Two individuals with expertise in open data information technology, appointed by and who serve at the pleasure of, the Chief Data Officer. +11549.44. +(a) (1) On or before March 1, 2016, the Chief Data Officer shall prepare and publish a technical standards manual for publishing public data through the Internet Web portal by state agencies for the purpose of making public data available to the greatest number of users and for the greatest number of applications and shall, whenever practicable, use open standards for Internet Web publishing in a machine-readable format. +(2) The manual shall identify the policy for each technical standard and specify which types of data the standard applies to, and may recommend or require that public data be published in more than one technical standard. The manual shall include a plan to adopt or utilize an Internet Web application programming interface that permits application programs to request and receive public data directly from the Internet Web portal. The manual and related policies may be updated as necessary. +(b) The Chief Data Officer shall consult with organizations specializing in technology and innovation, the state agencies listed in Section 12800, academic institutions, and voluntary consensus standards bodies. Whenever feasible, the Chief Data Officer shall consult with these types of entities in the development of technical and open standards. +Article 4. Compliance +11549.46. +(a) A state agency that releases public data shall do so in compliance with this chapter and on the Internet Web portal that is linked to data.ca.gov or any successor Internet Web site maintained by, or on behalf of, the state for the purposes of this chapter. If a state agency cannot make all public data available on the Internet Web portal, the state agency shall report to the Chief Data Officer all the public data it is unable to make available, state the reasons why it is unable to do so, and the date by which the state agency expects the public data to be made available on the Internet Web portal. +(b) Public data shall be made available in accordance with technical standards established by the Chief Data Officer. +(c) On or before July 1, 2016, each state agency shall submit a strategic plan and a strategic enterprise application plan consistent with this chapter to the Chief Data Officer and shall make the plans available to the public on the Internet Web portal at data.ca.gov. Each state agency shall collaborate with the Chief Data Officer in formulating its plans. The strategic plan shall include all of the following: +(1) A summary description of public data under the control of the state agency on or after January 1, 2016. +(2) A summary explanation of how its plans, budgets, capital expenditures, contracts, and other related documents and information for each information technology and telecommunications project it proposes to undertake can be utilized to support the California Open Data Standard and related savings and efficiencies. The strategic plan shall prioritize public data for inclusion on the Internet Web portal on or before January 1, 2017, in accordance with the standards established by the Chief Data Officer. For purposes of prioritizing public data, a state agency shall consider whether public data does any of the following: +(i) Increases agency accountability and responsiveness. +(ii) Improves public knowledge of the state agency and its operations. +(iii) Furthers the mission of the state agency. +(iv) Creates economic opportunity. +(v) Responds to an online demand for the public data. +(vi) Responds to a need or demand identified by public consultation. +Article 5. Legal Policies +11549.48. +(a) The Chief Data Officer shall post the legal policies for the California Open Data Standard on the Internet Web portal. +(b) The Chief Data Officer may establish and maintain an online forum to solicit feedback from the public and to encourage discussion on the California Open Data Standard and public data available on the Internet Web portal. +(c) Use of the public data provided pursuant to this chapter shall be subject to all of the following legal policies: +(1) Public data available on the Internet Web portal are provided for informational purposes only. The state does not warrant the completeness, accuracy, content, or fitness for any particular purpose or use of any public data made available on the Internet Web portal, nor are any warranties to be implied or inferred with respect to the public data furnished pursuant to this chapter. +(2) The state is not liable for any deficiencies in the completeness, accuracy, content, or fitness for any particular purpose or use of any public data or any third-party application utilizing a public data. +(3) All public data shall be entirely in the public domain for purposes of applicable copyright laws. +SECTION 1. +It is the intent of the Legislature to enact legislation to strengthen the state’s commitment to an open and transparent government.","Existing law establishes the Department of Technology, within the Government Operations Agency, headed by the Director of Technology, who is also known as the State Chief Information Officer. The department is responsible for the approval and oversight of information technology projects in state government by, among other things, consulting with agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs and consider feasible alternatives to address the identified needs and benefits consistent with statewide strategies, policies, and procedures. +This bill would enact the California Open Data Act and create the position of the Chief Data Officer, who would be appointed by, and serve at the pleasure of, the Governor, and report to the Secretary of Government Operations. This bill would require the Chief Data Officer to establish the California Open Data Standard, as specified, and require state agencies to make public data, as defined, available on an Internet Web portal pursuant to that standard. This bill would authorize a local government to adopt that standard. This bill would require the Chief Data Officer to create a Data Working Group, composed of data coordinators from specific state agencies and 2 individuals with expertise in open data information technology, who are appointed by and serve at the pleasure of, the Chief Data Officer. This bill would further require each state agency, on or before July 1, 2016, to submit a strategic plan and a strategic enterprise application plan, as specified, to the Chief Data Officer and to post the reports on the Internet Web portal. This bill would also require specified legal policies for public data to be posted on the Internet Web portal. This bill would make legislative findings and declarations relating to this act. +Existing law requires, with specified exceptions, that all meetings of state and local government entities be open and public and that all persons be permitted to attend and participate. Existing law also requires that public records be open to inspection at all times during the office hours of a state or local government entity and that every person has a right to inspect any public record, except as specifically provided. +This bill would state the intent of the Legislature to enact legislation to strengthen the state’s commitment to an open and transparent government.","An act +to add Chapter 5.8 (commencing with Section 11549.30) to Part 1 of Division 3 of Title 2 of the Government Code, +relating to open government." +757,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 22513 of the Vehicle Code is amended to read: +22513. +(a) (1) It is a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, or to accrue charges for services furnished under those circumstances, unless requested to perform that service by a law enforcement officer or public agency pursuant to that agency’s procedures, or unless summoned to the scene or requested to stop by the owner or operator of a disabled vehicle. +(2) (A) A towing company or the owner or operator of a tow truck summoned to the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing prior to arriving at the scene: +(i) The first and last name and working telephone number of the person who summoned it to the scene. +(ii) The make, model, year, and license plate number of the disabled vehicle. +(iii) The date and time it was summoned to the scene. +(iv) The name of the person who obtained the information in clauses (i), (ii), and (iii). +(B) A towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle is exempt from the requirements of subparagraph (A), provided it possesses all of the following information in writing prior to arriving at the scene: +(i) The business name of the motor club. +(ii) The identification number the motor club assigns to the referral. +(iii) The date and time it was summoned to the scene by the motor club. +(3) A towing company or the owner or operator of a tow truck requested to stop at the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing upon arriving at the scene: +(A) The first and last name and working telephone number of the person who requested the stop. +(B) The make, model, and license plate number, if one is displayed, of the disabled vehicle. +(C) The date and time it was requested to stop. +(D) The name of the person who obtained the information in subparagraphs (A), (B), and (C). +(4) A towing company or the owner or operator of a tow truck summoned or requested by a law enforcement officer or public agency pursuant to that agency’s procedures to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, or that is expressly authorized to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, shall possess all of the following in writing before leaving the scene: +(A) The identity of the law enforcement agency or public agency. +(B) The log number, call number, incident number, or dispatch number assigned to the incident by law enforcement or the public agency, or the surname and badge number of the law enforcement officer, or the surname and employee identification number of the public agency employee. +(C) The date and time of the summons, request, or express authorization. +(5) For purposes of this section, “writing” includes electronic records. +(b) The towing company or the owner or operator of a tow truck shall make the written information described in subdivision (a) available to law enforcement, upon request, from the time it appears at the scene until the time the vehicle is towed and released to a third party, and shall maintain that information for three years. The towing company or owner or operator of a tow truck shall make that information available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. +(c) (1) Prior to attaching a vehicle to the tow truck, if the vehicle owner or operator is present at the time and location of the anticipated tow, the towing company or the owner or operator of the tow truck shall furnish the vehicle’s owner or operator with a written itemized estimate of all charges and services to be performed. The estimate shall include all of the following: +(A) The name, address, telephone number, and motor carrier permit number of the towing company. +(B) The license plate number of the tow truck performing the tow. +(C) The first and last name of the towing operator, and if different than the towing operator, the first and last name of the person from the towing company furnishing the estimate. +(D) A description and cost for all services, including, but not limited to, charges for labor, special equipment, mileage from dispatch to return, and storage fees, expressed as a 24-hour rate. +(2) The tow truck operator shall obtain the vehicle owner or operator’s signature on the itemized estimate and shall furnish a copy to the person who signed the estimate. +(3) The requirements in paragraph (1) may be completed after the vehicle is attached and removed to the nearest safe shoulder or street if done at the request of law enforcement or a public agency, provided the estimate is furnished prior to the removal of the vehicle from the nearest safe shoulder or street. +(4) The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make them available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. +(5) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle. +(6) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by law enforcement or a public agency pursuant to that agency’s procedures, and operating at the scene pursuant to a contract with that law enforcement agency or public agency. +(d) (1) Except as provided in paragraph (2), a towing company or the owner or operator of a tow truck shall not charge a fee for towing or storage, or both, of a vehicle in excess of the greater of the following: +(A) The fee that would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law enforcement agency that exercises primary jurisdiction in the city in which the vehicle was, or was attempted to be, removed, or if not located within a city, the law enforcement agency that exercises primary jurisdiction in the county in which the vehicle was, or was attempted to be, removed. +(B) The fee that would have been charged for that towing or storage, or both, under the rate approved for that towing operatorn 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. +(e) A person who willfully violates subdivision (b), (c), or (d) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment. +(f) This section shall not apply to the following: +(1) A vehicle owned or operated by, or under contract to, a motor club, as defined by Section 12142 of the Insurance Code, which stops to provide services for which compensation is neither requested nor received, provided that those services may not include towing other than that which may be necessary to remove the vehicle to the nearest safe shoulder. The owner or operator of that vehicle may contact a law enforcement agency or other public agency on behalf of a motorist, but may not refer a motorist to a tow truck owner or operator, unless the motorist is a member of the motor club, the motorist is referred to a tow truck owner or operator under contract to the motor club, and, if there is a dispatch facility that services the area and is owned or operated by the motor club, the referral is made through that dispatch facility. +(2) A tow truck operator employed by a law enforcement agency or other public agency. +(3) A tow truck owner or operator acting under contract with a law enforcement or other public agency to abate abandoned vehicles, or to provide towing service or emergency road service to motorists while involved in freeway service patrol operations, to the extent authorized by law. +SEC. 2. +Section 22513.1 is added to the Vehicle Code, to read: +22513.1. +(a) A business taking possession of a vehicle from a tow truck shall document the name, address, and telephone number of the towing company, the name and driver’s license number of the tow truck operator, the make, model, and license plate or Vehicle Identification Number, and the date and time that possession was taken of the vehicle. If the vehicle was dropped off after hours, the business shall obtain the information from the towing company the next day. +(b) The information required in this section shall be maintained for three years and shall be available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office. +(c) A person who willfully violates this section is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law makes it a misdemeanor for the owner or operator of a tow truck to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, or to furnish any towing services, unless summoned to the scene, requested to stop, or flagged down by the owner or operator of a disabled vehicle, or requested to perform the service by a law enforcement officer or public agency pursuant to that agency’s procedures. +This bill would, subject to exceptions, apply those provisions to a towing company. The bill would also require, in addition to being summoned to the scene or requested to stop by the owner or operator of a disabled vehicle, that the towing company or the owner or operator of the tow truck possess specified information in writing prior to arriving at the scene, or obtain specified information prior to leaving the scene, and would require that information to be made available to law enforcement, upon request, from the time the tow truck appears at the scene until the time the vehicle is towed and released to a third party. The bill would provide that a writing for this purpose includes an electronic record. +(2) Existing law also makes it a misdemeanor for the owner or operator of a tow truck to move any vehicle from a highway, street, or public property without the express authorization of the owner or operator of the vehicle or a law enforcement officer or public agency pursuant to that agency’s procedures, when the vehicle has been left unattended or when there is an injury as the result of an accident. +This bill would recast, and subject to exceptions, apply those provisions to a towing company. The bill would delete the requirement for the express authorization of the owner or operator of the vehicle. The bill would require the towing company or the owner or operator of the tow truck to obtain specified information and to make that information available to law enforcement, upon request, from the time the vehicle is attached to or loaded on to the tow truck until the time the vehicle is towed and released to a third party. +The bill would, subject to exceptions, and if the vehicle owner or operator is present, also require the towing company or the owner or operator of the tow truck to furnish the vehicle’s owner or operator with a written itemized estimate of all charges and services to be performed. Prior to removing the vehicle, the towing company or the owner or operator of the tow truck would be required to obtain the vehicle owner or operator’s signature on the itemized estimate, and to furnish a copy to the person who signed the estimate, as specified. +The bill would require a towing company or the owner or operator of a tow truck to maintain specified documents for 3 years and to make those documents available for inspection and copying within 48 hours of a written request by specified law enforcement and prosecutorial entities. The bill would also require a business taking possession of a vehicle from a tow truck to document specified information, to maintain those documents for 3 years, and to make those documents available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office. +The bill would provide, except for those provisions described in paragraph (1) above, that a willful violation of these requirements is a misdemeanor punishable by a fine not exceeding $2,500, or imprisonment in a county jail not exceeding 3 months, or both imprisonment and that fine. +By creating new crimes, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 22513 of, and to add Section 22513.1 to, the Vehicle Code, relating to vehicles." +758,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 52060 of the Education Code is amended to read: +52060. +(a) On or before July 1, 2014, the governing board of each school district shall adopt a local control and accountability plan using a template adopted by the state board. +(b) A local control and accountability plan adopted by the governing board of a school district shall be effective for a period of three years, and shall be updated on or before July 1 of each year. +(c) A local control and accountability plan adopted by the governing board of a school district shall include, for the school district and each school within the school district, both of the following: +(1) A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subdivision (d) and for any additional local priorities identified by the governing board of the school district. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in paragraphs (2) and (3) of subdivision (a) of Section 52052. +(2) A description of the specific actions the school district will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including the enumeration of any specific actions necessary for that year to correct any deficiencies in regard to the state priorities listed in paragraph (1) of subdivision (d). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the school district. +(d) All of the following are state priorities: +(1) The degree to which the teachers of the school district are appropriately assigned in accordance with Section 44258.9, and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the school district has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair, as defined in subdivision (d) of Section 17002. +(2) Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4, for purposes of gaining academic content knowledge and English language proficiency. +(3) The degree to which the certificated instructional personnel of the school district are offered +opportunity +opportunities +for professional development and +growth in effectiveness, including, but not necessarily limited to, the requirement to confer with a certificated employee making specific recommendations as to areas of improvement in the employee’s performance and endeavor to assist the employee in his or her performance, pursuant to Section 44664. +growth. +(4) Parental involvement, including efforts the school district makes to seek parent input in making decisions for the school district and each individual schoolsite, and including how the school district will promote parental participation in programs for unduplicated pupils and individuals with exceptional needs. +(5) Pupil achievement, as measured by all of the following, as applicable: +(A) Statewide assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or any subsequent assessment, as certified by the state board. +(B) The Academic Performance Index, as described in Section 52052. +(C) The percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University, or career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692. +(D) The percentage of English learner pupils who make progress toward English proficiency as measured by the California English Language Development Test or any subsequent assessment of English proficiency, as certified by the state board. +(E) The English learner reclassification rate. +(F) The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher. +(G) The percentage of pupils who participate in, and demonstrate college preparedness pursuant to, the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness. +(6) Pupil engagement, as measured by all of the following, as applicable: +(A) School attendance rates. +(B) Chronic absenteeism rates. +(C) Middle school dropout rates, as described in paragraph (3) of subdivision (a) of Section 52052.1. +(D) High school dropout rates. +(E) High school graduation rates. +(7) School climate, as measured by all of the following, as applicable: +(A) Pupil suspension rates. +(B) Pupil expulsion rates. +(C) Other local measures, including surveys of pupils, parents, and teachers on the sense of safety and school connectedness. +(8) The extent to which pupils have access to, and are enrolled in, a broad course of study that includes all of the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable, including the programs and services developed and provided to unduplicated pupils and individuals with exceptional needs, and the programs and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03. +(9) Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable. +(e) For purposes of the descriptions required by subdivision (c), the governing board of a school district may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subparagraph (J) of paragraph (4) of subdivision (a) of Section 52052 or any other reviews. +(f) To the extent practicable, data reported in a local control and accountability plan shall be reported in a manner consistent with how information is reported on a school accountability report card. +(g) The governing board of a school district shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the school district, parents, and pupils in developing a local control and accountability plan. +(h) A school district may identify local priorities, goals in regard to the local priorities, and the method for measuring the school district’s progress toward achieving those goals. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the governing board of each school district to adopt a local control and accountability plan and requires the governing board of a school district to update its local control and accountability plan before July 1 of each year. Existing law requires a local control and accountability plan to include, among other things, a description of the annual goals to be achieved for each state priority, as specified, for all pupils and certain subgroups of pupils. +This bill would add to the enumerated state priorities the degree to which the certificated instructional personnel of the school district are offered +opportunity +opportunities +for professional development and +growth in effectiveness, as specified. +growth. +By requiring the governing board of each school district to include additional information in the local control and accountability plan, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 52060 of the Education Code, relating to school accountability." +759,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 13515.30 of the Penal Code is amended to read: +13515.30. +(a) By July 1, 2015, the Commission on Peace Officer Standards and Training shall establish and keep updated a continuing education training course relating to law enforcement interaction with mentally disabled and developmentally disabled persons living within a state mental hospital or state developmental center. The training course shall be developed by the commission in consultation with appropriate community, local, and state organizations and agencies that have expertise in the area of mental illness and developmental disability, and with appropriate consumer and family advocate groups. In developing the course, the commission shall also examine existing courses certified by the commission that relate to mentally disabled and developmentally disabled persons. The commission shall make the course available to all law enforcement agencies in California, and the course shall be required for law enforcement personnel serving in law enforcement agencies with jurisdiction over state mental hospitals and state developmental centers, as part of the agency’s officer training program. +(b) The course described in subdivision (a) may consist of video-based or classroom instruction. The course shall include, at a minimum, core instruction in all of the following: +(1) The prevalence, cause, and nature of mental illnesses and developmental disabilities. +(2) The unique characteristics, barriers, and challenges of individuals who may be a victim of abuse or exploitation living within a state mental hospital or state developmental center. +(3) How to accommodate, interview, and converse with individuals who may require assistive devices in order to express themselves. +(4) Capacity and consent of individuals with cognitive and intellectual barriers. +(5) Conflict resolution and deescalation techniques for potentially dangerous situations involving mentally disabled or developmentally disabled persons. +(6) Appropriate language usage when interacting with mentally disabled or developmentally disabled persons. +(7) Community and state resources and advocacy support and services available to serve mentally disabled or developmentally disabled persons, and how these resources can be best utilized by law enforcement to benefit the mentally disabled or developmentally disabled community. +(8) The fact that a crime committed in whole or in part because of an actual or perceived disability of the victim is a hate crime punishable under Title 11.6 (commencing with Section 422.55) of Part 1. +(9) Information on the state mental hospital system and the state developmental center system. +(10) Techniques in conducting forensic investigations within institutional settings where jurisdiction may be shared. +(11) Examples of abuse and exploitation perpetrated by caregivers, staff, contractors, or administrators of state mental hospitals and state developmental centers, and how to conduct investigations in instances where a perpetrator may also be a caregiver or provider of therapeutic or other services. +(c) The commission shall, in collaboration with relevant stakeholders, study and submit a report to the Legislature, on or before December 31, 2017, that assesses the status of the course described in subdivision (a), assesses whether the course covers all appropriate topics, and identifies areas where additional training may be needed. +SEC. 2. +Section 13519.2 of the Penal Code is amended to read: +13519.2. +(a) The commission shall, on or before July 1, 1990, include in the basic training course for law enforcement officers, adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Officers who complete the basic training prior to July 1, 1990, shall participate in supplementary training on this topic. This supplementary training shall be completed on or before July 1, 1992. Further training courses to update this instruction shall be established, as deemed necessary by the commission. +(b) The course of instruction relating to the handling of developmentally disabled or mentally ill persons shall be developed by the commission in consultation with appropriate groups and individuals having an interest and expertise in this area. In addition to providing instruction on the handling of these persons, the course shall also include information on the cause and nature of developmental disabilities and mental illness, as well as the community resources available to serve these persons. +(c) The commission shall, in collaboration with relevant stakeholders, study and submit a report to the Legislature, on or before December 31, 2017, that assesses the status of the course described in subdivision (a), assesses whether the course covers all appropriate topics, and identifies areas where additional training may be needed. +SECTION 1. +It is the intent of the Legislature to enact legislation to increase the continuing mental health training standards for California peace officers.","Existing law requires the Commission on Peace Officer Standards and Training to establish and keep updated a continuing education classroom training course for peace officer interactions with persons with mental +illnesses or developmental +disabilities. Under existing law, this course consists of classroom instruction and utilizes interactive training methods to ensure that training is as realistic as possible. Under existing law, this course includes training in identifying indicators of mental disability, conflict resolution techniques, and alternatives to lethal force. +Existing law also requires the commission to develop, in consultation with specified entities, adequate instruction in the handling of persons with developmental disabilities or mental illnesses for inclusion in the basic training course for law enforcement officers. +This bill would require the commission, in collaboration with relevant stakeholders, to study and submit a report to the Legislature, on or before December 31, 2017, that assesses the statuses of the training courses described above, assesses whether the courses cover all appropriate topics, and identifies areas where additional training may be needed. +This bill would declare the intent of the Legislature to enact legislation to increase the continuing mental health training standards for California peace officers.","An act +to amend Sections 13515.30 and 13519.2 of the Penal Code, +relating to peace officer training." +760,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 66019.3 of the Education Code is amended to read: +66019.3. +(a) It is the intent of the Legislature to encourage the California Community Colleges, the California State University, and the University of California to disseminate information to foster care agencies regarding admissions requirements and financial aid. +(b) The Legislature requests the Regents of the University of California and the Trustees of the California State University to explore methods of using the admissions-by-exemption category to assist the transition of students who are homeless youth or foster youth into four-year public institutions of higher education. +SEC. 2. +Section 76010 of the Education Code is amended to read: +76010. +(a) In order to ensure that current and former homeless youth and current and former foster youth who are students at the campuses of the California Community Colleges have stable housing, each campus of the California Community Colleges that maintains student housing facilities is requested to give priority for housing to current and former homeless youth and current and former foster youth. In addition, each campus of the California Community Colleges that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, is requested to give first priority to current and former homeless youth and current and former foster youth for residence in the housing facilities that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current and former homeless youth and current and former foster youth for housing that is open for occupation during the most days in the calendar year. +(b) In addition, each campus of the California Community Colleges is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities. +(c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the California Community Colleges, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: +(1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. +(2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program. +(3) A financial aid administrator. +(d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission. +SEC. 3. +Section 90001.5 of the Education Code is amended to read: +90001.5. +(a) In order to ensure that current and former homeless youth and current and former foster youth who are students at campuses of the California State University have stable housing, each campus of the California State University that maintains student housing facilities shall give priority to current and former homeless youth and current and former foster youth. In addition, each campus of the California State University that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, shall first give priority to current and former homeless youth and current and former foster youth for residence in the housing facilities that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current and former homeless youth and current and former foster youth for housing that is open for occupation during the most days in the calendar year. +(b) In addition, each campus of the California State University is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities. +(c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the California State University, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: +(1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. +(2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program. +(3) A financial aid administrator. +(d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission. +SEC. 4. +Section 92660 of the Education Code is amended to read: +92660. +(a) In order to ensure that current and former homeless youth and current and former foster youth who are students at campuses of the University of California have stable housing, each campus of the University of California that maintains student housing facilities shall give priority to current and former homeless youth and current and former foster youth. In addition, each campus of the University of California that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, shall first give priority to current and former homeless youth and current and former foster youth for residence in the housing facilities for which they are eligible that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current or former homeless youth and current and former foster youth for residence in the housing facilities for which they are eligible that are open for occupation during the most days in the calendar year. +(b) In addition, a campus of the University of California is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities. +(c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the University of California, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: +(1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. +(2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program. +(3) A financial aid administrator. +(d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission. +(e) This section shall not apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make this section applicable.","Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the 3 segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes them to provide instruction to students at community college campuses. Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the other 2 segments of public postsecondary education in this state. +Existing law requests the regents and the trustees to explore methods of using the admissions-by-exemption category to assist the transition of students in foster care into 4-year public institutions of higher education. +This bill would request the regents and the trustees to provide that assistance to students who are homeless youth. +Existing law requests campuses of the California Community Colleges, requires campuses of the California State University, and requires campuses of the University of California, subject to its agreement by resolution, to do all of the following: (1) give priority for housing to current and former foster youth, and (2) as to campuses that maintain student housing facilities open for occupation during school breaks, or on a year-round basis, give first priority to current and former foster youth for residence in housing facilities that are open for uninterrupted year-round occupation and next give priority to current and former foster youth for housing that is open for occupation during the most days in the calendar year. +This bill would provide priority for campus housing to current and former homeless youth that is identical to that priority extended to current and former foster youth under existing law. This bill would request the campuses of the California Community Colleges, and would require the campuses of the California State University, and of the University of California, subject to its agreement by resolution, if they maintain student housing facilities, to provide housing in housing facilities that are open for uninterrupted year-round occupation to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and would request each campus of the California Community Colleges, the California State University, and the University of California to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources during and between academic terms, including during academic and campus breaks. This bill would define current and former homeless youth for each of these purposes.","An act to amend Sections 66019.3, 76010, 90001.5, and 92660 of the Education Code, relating to public postsecondary education." +761,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 44559.13 is added to the Health and Safety Code, to read: +44559.13. +(a) It is the intent of the Legislature in this act to create and fund the California Americans with Disabilities Small Business Capital Access Loan Program to assist small businesses in complying with the Americans with Disabilities Act. It is not the intent of the Legislature to assist the physical expansion of small businesses that includes modifications that comply with the Americans with Disabilities Act. The program shall be administered by the California Pollution Control Financing Authority and follow the terms and conditions for the Capital Access Loan Program for Small Businesses in this article with the additional program requirements specified under this section. +(b) For purposes of this section, unless the context requires otherwise, the following words and terms shall have the following meanings: +(1) “Americans with Disabilities Act” means the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) and amendments thereto. +(2) “California Americans with Disabilities Act Small Business Capital Access Loan Program Fund” or “fund” means a fund established and administered by the authority pursuant to Sections 44548 and 44549 to be used for purposes of this program. +(3) “Eligible cost” means and includes all or any part of the price of construction, purchase price of real or personal property, the price of demolishing or removing any buildings or structures, the price of all machinery and equipment, the amount of financing charges and interest prior to, during, and for a period not to exceed the later of one year or one year following completion of construction, as determined by the authority, the price of insurance during construction, the amount of funding or financing noncapital expenses, the amount of reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements, the price of engineering, financial, and legal services and other service contracts, the price of plans, specifications, studies, surveys, estimates, administrative expenses, and any other expenses of funding or financing, that are necessary and allocable to the eligible project, and shall not include costs not directly related to physical alterations necessary for compliance with the Americans with Disabilities Act. +(4) “Eligible project” means the physical alterations or retrofits to an existing small business facility of less than 10,000 square feet necessary to ensure that facility is in compliance with the Americans with Disabilities Act, and the financing necessary to pay eligible costs of the project. +(5) “Qualified loan” means a loan or portion of a loan as defined in subdivision (j) of Section 44559.1, where the proceeds of the loan or portion of the loan are limited to the eligible costs for an eligible project under this program, and where the loan or portion of the loan does not exceed fifty thousand dollars ($50,000). +(6) “Small business” or “qualified business” means a business referred to in subdivisions (i) and (m) of Section 44559.1, that meets the following additional criteria: +(A) Fifteen or fewer full-time equivalent employees. +(B) Less than one million dollars ($1,000,000) in total gross annual income from all sources. +(C) Does not provide overnight accommodations. +(c) (1) The California Americans with Disabilities Act Small Business Capital Access Loan Program Fund is established in the State Treasury for, and shall be administered by the authority pursuant to Sections 44548 and 44549 for, this program. Notwithstanding Section 13340 of the Government Code, all money in the fund is continuously appropriated to the authority for carrying out the purposes of this section. The authority may divide the fund into separate accounts. All moneys accruing to the authority pursuant to this section from any source shall be deposited into the fund. +(2) All moneys in the fund derived from any source shall be held in trust for the life of this program, subject to the program expenditures and costs of administering this section, as follows: +(A) Program expenditures shall include both of the following: +(i) Contributions paid by the authority in support of qualified loans. +(ii) Reasonable costs to educate the small business community and participating lenders about the program, including travel within the state. +(B) Administrative expenditures shall be limited to 5 percent of the initial appropriation plus 5 percent of all moneys recaptured, and shall include all of the following: +(i) Personnel costs. +(ii) Service and vending contracts necessary to carry out the program. +(iii) Other reasonable direct and indirect administrative costs. +(3) The authority may direct the Treasurer to invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code as the authority shall designate. The authority may direct the Treasurer to deposit moneys in interest-bearing accounts in state or national banks or other financial institutions having principal offices located in the state. The authority may alternatively require the transfer of moneys in the fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of the Government Code. All interest or other increment resulting from an investment or deposit shall be deposited into the fund, notwithstanding Section 16305.7 of the Government Code. Moneys in the fund shall not be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of the Government Code, excepting the Surplus Money Investment Fund. +(d) The authority shall adopt regulations pursuant to subdivision (c) of Section 44520 to implement the program, including provisions specific to this program as described in this section and further including provisions to: +(1) Establish a new loss reserve account for each participating lender enrolling loans in this program. +(2) Obtain a certification from each participating lender and small business upon enrollment of a qualified loan that the proceeds of the loan will be used for the eligible costs of an eligible project. +(3) Contribute an additional incentive from the fund for each loan enrolled for a qualified business located in a severely affected community. +(4) Restrict the enrollment of a qualified loan in any other Capital Access Loan Program for small business offered by the authority as long as funds are available for this program. +(5) Limit the term of loss coverage for each qualified loan to no more than five years. +(6) Recapture from the loss reserve account the authority’s contribution for each enrolled loan upon the maturation of such loan or after five years from the date of enrollment, whichever happens first, to be deposited in the fund and applied to future program and administrative expenditures. +SEC. 2. +The sum of ten million dollars ($10,000,000) is hereby transferred from the General Fund to the California Americans with Disabilities Act Small Business Capital Access Loan Program Fund for the purposes of funding loss reserve accounts and administering the program pursuant to the California Americans with Disabilities Act Small Business Capital Access Loan Program.","Existing law provides various programs to expand access to persons with disabilities and promote compliance with the federal Americans with Disabilities Act of 1990. +Existing law establishes the Capital Access Loan Program, which is administered by the California Pollution Control Financing Authority (authority) to assist small businesses to finance the costs of complying with environmental mandates and the remediation of contamination on their properties. +This bill would establish the California Americans with Disabilities Act Small Business Capital Access Loan Program within the Capital Access Loan Program, to create a self-sustaining program to provide loans to assist small businesses in financing the costs of projects that alter or retrofit existing small business facilities, meeting specified criteria, to comply with the federal Americans with Disabilities Act. +This bill would authorize the authority to administer the program, including adopting regulations, and controlling funds appropriated for the program, as specified. +This bill would establish the California Americans with Disabilities Act Small Business Capital Access Loan Program Fund, as a continuously appropriated fund, and require the authority to use the fund for all its purposes. This bill would also transfer $10,000,000 from the General Fund to the California Americans with Disabilities Act Small Business Capital Access Loan Program Fund.","An act to add Section 44559.13 to the Health and Safety Code, relating to small business, and making an appropriation therefor." +762,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 8547.2 of the Government Code is amended to read: +8547.2. +For the purposes of this article, the following terms have the following meanings: +(a) “Employee” means an individual appointed by the Governor, or employed or holding office in a state agency as defined by Section 11000, including, for purposes of Sections 8547.3 to 8547.7, inclusive, an employee of the California State University, or an individual appointed by the Legislature to a state board or commission and who is not a Member or employee of the Legislature. In addition, “employee” means a person employed by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts for the purposes of Sections 8547.3 to 8547.7, inclusive, and Section 8547.13, except for those provisions of Section 8547.4 concerning notice of adverse action and the State Personnel Board. “Employee” includes a former employee who met the criteria of this subdivision during his or her employment. +(b) “Illegal order” means a directive to violate or assist in violating a federal, state, or local law, rule, or regulation, or an order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public. +(c) “Improper governmental activity” means an activity by a state agency or by an employee that is undertaken in the performance of the employee’s duties, undertaken inside a state office, or, if undertaken outside a state office by the employee, directly relates to state government, whether or not that activity is within the scope of his or her employment, and that (1) is in violation of any state or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty, (2) is in violation of an Executive order of the Governor, a California Rule of Court, or any policy or procedure mandated by the State Administrative Manual or State Contracting Manual, or (3) is economically wasteful, involves gross misconduct, incompetency, or inefficiency. For purposes of Sections 8547.4, 8547.5, 8547.7, 8547.10, and 8547.11, “improper governmental activity” includes any activity by the University of California or by an employee, including an officer or faculty member, who otherwise meets the criteria of this subdivision. For purposes of Sections 8547.4, 8547.5, and 8547.13, “improper governmental activity” includes any activity by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts, or by an employee thereof, who otherwise meets the criteria of this subdivision. +(d) “Person” means an individual, corporation, trust, association, a state or local government, or an agency or instrumentality of any of the foregoing. +(e) “Protected disclosure” means a good faith communication, including a communication based on, or when carrying out, job duties, that discloses or demonstrates an intention to disclose information that may evidence (1) an improper governmental activity, or (2) a condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition. Protected disclosure specifically includes a good faith communication to the +California +State Auditor’s Office alleging an improper governmental activity and any evidence delivered to the +California +State Auditor’s Office in support of the allegation. “Protected disclosure” also includes, but is not limited to, a complaint made to the Commission on Judicial Performance. +(f) “State agency” is defined by Section 11000. “State agency” includes the University of California for purposes of Sections 8547.5 to 8547.7, inclusive, +and Section 8547.16, +and the California State University for purposes of Sections 8547.3 to 8547.7, +inclusive. +inclusive, and Section 8547.16. +Sections 8547.3 to 8547.7, inclusive, shall apply to the Supreme Court, the courts of appeal, the superior courts, and the Administrative Office of the Courts in the same manner as they apply to a state agency. +SECTION 1. +SEC. 2. +Section 8547.16 is added to the Government Code, to read: +8547.16. +Any +(a) A +state agency that utilizes a whistleblower investigation policy separate from this article shall publicly report, in the manner in which the State Auditor is authorized to publicly report pursuant to subdivision (c) of Section 8547.7, any investigation of a whistleblower complaint that has substantiated improper governmental activities. +(b) This section shall not be deemed to require the disclosure of a public record that is otherwise not required to be disclosed pursuant to any other state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).","The California Whistleblower Protection Act requires the State Auditor to administer the act and to investigate and report on improper governmental activities, as defined. The act requires the State Auditor to establish a means of submitting allegations of improper governmental activity, and generally requires the State Auditor to keep confidential every investigation, including all investigative files and work +product. +The +product. The +act authorizes the State Auditor to issue a public report of an investigation that has substantiated an improper governmental activity, keeping confidential the identity of the employee or employees involved. The act +also +further +authorizes the State Auditor to release any findings or evidence supporting any findings resulting from an investigation whenever the State Auditor determines it necessary to serve the interests of the state. +This bill would require a state +agency +agency, as defined, +that utilizes a whistleblower investigation policy separate from the act to publicly report, in the manner in which the State Auditor is authorized to publicly report, any investigation of a whistleblower complaint that has substantiated improper government activities. +The bill would specify that its provisions shall not be deemed to require the disclosure of a public record that is otherwise not required to be disclosed pursuant to any other state law.","An act +to amend Section 8547.2 of, and +to add Section 8547.16 +to +to, +the Government Code, relating to improper governmental activities." +763,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 65850.7 is added to the Government Code, to read: +65850.7. +(a) The Legislature finds and declares all of the following: +(1) The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern. +(2) It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations. +(3) It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use. +(4) It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for charging stations so long as the action does not supersede the building official’s authority to identify and address higher priority life-safety situations. +(b) A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit. +(c) A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. +(d) The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county. +(e) Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. +(f) (1) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities. +(2) An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. +(g) (1) On or before September 30, 2016, every city, county, or city and county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. An application submitted to a city, county, or city and county that owns and operates an electric utility shall demonstrate compliance with the utility’s interconnection policies prior to approval. +(2) The checklist and required permitting documentation shall be published on a publicly accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required. +(h) A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code. +(i) The following definitions shall apply to this section: +(1) “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit. +(2) “Electronic submittal” means the utilization of one or more of the following: +(A) Email. +(B) The Internet. +(C) Facsimile. +(3) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. +(4) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a general plan for the physical development of the county or city and authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities. Existing law, the Electric Vehicle Charging Stations Open Access Act, prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, and prohibits a requirement for persons to obtain membership in any club, association, or organization as a condition of using the station, except as specified. +The bill would require a city, county, or city and county to approve an application for the installation of electric vehicle charging stations, as defined, through the issuance of specified permits unless the city or county makes specified written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The bill would provide for appeal of that decision to the planning commission, as specified. The bill would provide that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern. The bill would require electric vehicle charging stations to meet specified standards. The bill would require a city, county, or city and county with a population of 200,000 or more residents to adopt an ordinance, by September 30, 2016, that creates an expedited and streamlined permitting process for electric vehicle charging stations, as specified. The bill would require a city, county, or city and county with a population of less than 200,000 residents to adopt this ordinance by September 30, 2017. The ercase"">MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES +Bill Text +The people of the State of California do enact as follows: + + +SECTION 1. +Section 65850.7 is added to the Government Code, to read: +65850.7. +(a) The Legislature finds and declares all of the following: +(1) The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern. +(2) It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations. +(3) It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use. +(4) It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for charging stations so long as the action does not supersede the building official’s authority to identify and address higher priority life-safety situations. +(b) A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit. +(c) A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. +(d) The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county. +(e) Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. +(f) (1) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities. +(2) An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. +(g) (1) On or before September 30, 2016, every city, county, or city and county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. An application submitted to a city, county, or city and county that owns and operates an electric utility shall demonstrate compliance with the utility’s interconnection policies prior to approval. +(2) The checklist and required permitting documentation shall be published on a publicly accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required. +(h) A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code. +(i) The following definitions shall apply to this section: +(1) “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit. +(2) “Electronic submittal” means the utilization of one or more of the following: +(A) Email. +(B) The Internet. +(C) Facsimile. +(3) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. +(4) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","An act to add Section 65850.7 to the Government Code, relating to local ordinances." +764,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1027 of the Penal Code is amended to read: +1027. +(a) When a defendant pleads not guilty by reason of insanity the court shall +select and appoint two, and may select and appoint three, psychiatrists, or licensed psychologists who have a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders, +appoint an evaluation panel that has been convened pursuant to Section 7233 of the Welfare and Institutions Code +to examine the defendant and investigate his or her mental status. It is the duty of the +psychiatrists or psychologists selected and appointed +evaluation panel +to make the examination and investigation, and to testify, whenever summoned, in any proceeding in which the sanity of the defendant is in question. The +psychiatrists or psychologists appointed by the court +members of the evaluation panel +shall be allowed, in addition to their actual traveling expenses, those fees that in the discretion of the court seem just and reasonable, having regard to the services rendered by the witnesses. The fees allowed shall be paid by the county where the indictment was found or in which the defendant was held for +trial. +trial to the State Department of State Hospitals. +(b) Any report on the examination and investigation made pursuant to subdivision (a) shall include, but not be limited to, the psychological history of the defendant, the facts surrounding the commission of the acts forming the basis for the present charge used by the +psychiatrist or psychologist +evaluation panel +in making +his or her +the panel’s +examination of the defendant, the present psychological or psychiatric symptoms of the defendant, if any, the substance abuse history of the defendant, the substance use history of the defendant on the day of the offense, a review of the police report for the offense, and any other credible and relevant material reasonably necessary to describe the facts of the offense. +(c) This section does not presume that +a psychiatrist or psychologist +an evaluation panel +can determine whether a defendant was sane or insane at the time of the alleged offense. This section does not limit a court’s discretion to admit or exclude, pursuant to the Evidence Code, psychiatric or psychological evidence about the defendant’s state of mind or mental or emotional condition at the time of the alleged offense. +(d) Nothing contained in this section shall be deemed or construed to prevent any party to any criminal action from producing any other expert evidence with respect to the mental status of the defendant. If expert witnesses are called by the district attorney in the action, they shall only be entitled to those witness fees as may be allowed by the court. +(e) +Any psychiatrist or psychologist +The members of an evaluation panel +appointed by the court may be called by either party to the action or by the court, and shall be subject to all legal objections as to competency and bias and as to qualifications as an expert. When called by the court or by either party to the action, the court may examine the +psychiatrist or psychologist, +members of the evaluation panel, +as deemed necessary, but either party shall have the same right to object to the questions asked by the court and the evidence adduced as though the +psychiatrist or psychologist +members of the panel +were +a witness +witnesses +for the adverse party. When +a member of +the +psychiatrist or psychologist +panel +is called and examined by the court, the parties may cross-examine him or her in the order directed by the court. When called by either party to the action, the adverse party may examine him or her the same as in the case of any other witness called by the party. +SEC. 2. +Section 1369 of the Penal Code is amended to read: +1369. +Except as stated in subdivision (g), a trial by court or jury of the question of mental competence shall proceed in the following order: +(a) The court shall appoint +a psychiatrist or licensed psychologist, +an evaluation panel that has been convened pursuant to Section 7233 of the Welfare and Institutions Code, +and any other expert +with forensic experience +the court may deem appropriate, to examine the defendant. In any case +where +in which +the defendant or the defendant’s counsel informs the court that the defendant is not seeking a finding of mental incompetence, the +court shall appoint two psychiatrists, licensed psychologists, or a combination thereof. One of the psychiatrists or licensed psychologists may be named by the +defense and +one may be named by the prosecution. +defense and the prosecution shall each confer with the State Department of State Hospitals regarding the selection of the panelists. +The examining +psychiatrists or licensed psychologists +panelists +shall evaluate the nature of the defendant’s mental disorder, if any, the defendant’s ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental disorder and, if within the scope of their licenses and appropriate to their opinions, whether or not treatment with antipsychotic medication is medically appropriate for the defendant and whether antipsychotic medication is likely to restore the defendant to mental competence. If an examining +psychologist +panelist +is of the opinion that antipsychotic medication may be medically appropriate for the defendant and that the defendant should be evaluated by a psychiatrist to determine if antipsychotic medication is medically appropriate, the +psychologist +panelist +shall inform the court of this opinion and his or her recommendation as to whether a psychiatrist should examine the defendant. The examining +psychiatrists or licensed psychologists +panelists +shall also address the issues of whether the defendant has capacity to make decisions regarding antipsychotic medication and whether the defendant is a danger to self or others. If the defendant is examined by a psychiatrist and the psychiatrist forms an opinion as to whether or not treatment with antipsychotic medication is medically appropriate, the psychiatrist shall inform the court of his or her opinions as to the likely or potential side effects of the medication, the expected efficacy of the medication, possible alternative treatments, and whether it is medically appropriate to administer antipsychotic medication in the county jail. If it is suspected the defendant is developmentally disabled, the court shall appoint the director of the regional center for the developmentally disabled established under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code, or the designee of the director, to examine the defendant. The court may order the developmentally disabled defendant to be confined for examination in a residential facility or state hospital. +The regional center director shall recommend to the court a suitable residential facility or state hospital. Prior to issuing an order pursuant to this section, the court shall consider the recommendation of the regional center director. While the person is confined pursuant to order of the court under this section, he or she shall be provided with necessary care and treatment. +(b) (1) The counsel for the defendant shall offer evidence in support of the allegation of mental incompetence. +(2) If the defense declines to offer any evidence in support of the allegation of mental incompetence, the prosecution may do so. +(c) The prosecution shall present its case regarding the issue of the defendant’s present mental competence. +(d) Each party may offer rebutting testimony, unless the court, for good reason in furtherance of justice, also permits other evidence in support of the original contention. +(e) When the evidence is concluded, unless the case is submitted without final argument, the prosecution shall make its final argument and the defense shall conclude with its final argument to the court or jury. +(f) In a jury trial, the court shall charge the jury, instructing them on all matters of law necessary for the rendering of a verdict. It shall be presumed that the defendant is mentally competent unless it is proved by a preponderance of the evidence that the defendant is mentally incompetent. The verdict of the jury shall be unanimous. +(g) Only a court trial is required to determine competency in any proceeding for a violation of probation, mandatory supervision, postrelease community supervision, or parole. +SEC. 3. +Section 7233 is added to the Welfare and Institutions Code, to read: +7233. +(a) The State Department of State Hospitals shall establish a pool of psychiatrists and psychologists with forensic skills who are employees of the department from which evaluation panels shall be created pursuant to subdivision (b). +(b) The department shall create evaluation panels with each panel consisting of three to five forensic psychiatrists or psychologists from the pool created in subdivision (a).","Existing law establishes the State Department of State Hospitals for the administration of state hospitals and provides for the involuntary confinement of certain individuals in those state hospitals, including a defendant who has been found mentally incompetent to stand trial or who has been found to be insane at the time he or she committed the crime. Existing law requires a court, when a defendant pleads not guilty by reason of insanity, or if there is a question as to the defendant’s mental competence, to appoint a specified number of psychiatrists or psychologists to examine the defendant. +This bill would require the State Department of State Hospitals to establish, within the department, a pool of psychiatrists and psychologists with forensic skills, and would require the department to create evaluation panels from the pool of psychiatrists and psychologists, as specified. The bill would require the court to order an evaluation panel to evaluate a defendant who pleads not guilty by reason of insanity or who may be mentally incompetent. The bill would also make conforming changes.","An act to amend Sections 1027 and 1369 of the Penal Code, and to add Section 7233 to the Welfare and Institutions Code, relating to state hospitals." +765,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Research shows that children who eat breakfast have improved cognitive function, demonstrate higher academic achievement, exhibit better behavior, and have healthier diets, as compared to children who do not eat breakfast. +(b) Research also shows that breakfasts served at school are generally more nutritious than breakfasts served at home. +(c) Each +school day, +schoolday, +2.2 million of the state’s low-income pupils miss out on the health and academic benefits of school breakfasts and, in total, 4.3 million of California’s public school pupils miss out on school +breakfast +breakfasts +each schoolday. +(d) Serving breakfast after the start of the schoolday has been shown to significantly improve school breakfast participation, yield fiscal benefits, and improve the learning environment for all pupils by decreasing absenteeism, tardiness, reports of hunger-related illness, and disciplinary issues. +(e) The federal School Breakfast Program enables school districts to draw on federal funds designated to serve low-income pupils. If the federal School Breakfast Program reached as many low-income pupils as the federal National School Lunch Program, California’s public schools would receive an additional $344 million in federal meal reimbursements, providing essential resources to the state’s most vulnerable children. +(f) Fiscal research shows that increasing participation in the federal School Breakfast Program immediately and positively impacts the California economy by distributing federal funds to school districts, increasing local employment, and increasing purchases of food and equipment. +(g) Given the academic, health, and fiscal benefits of school breakfasts, high-need schools serving low-income pupils should make breakfast readily available and accessible during the schoolday. +SEC. 2. +Section 49550 of the Education Code is amended to read: +49550. +Notwithstanding any other law: +(a) A school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, shall provide for each pupil who is a needy child as defined in Section 49552 one nutritionally adequate free or reduced-price meal during each schoolday, except for family day care homes that shall be reimbursed for 75 percent of the meals served. +(b) In order to comply with subdivision (a), a school district or county office of education may use funds that are available through any federal or state program the purpose of which includes the provision of meals to a pupil, including, but not necessarily limited to, the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or may do so at the expense of the school district or county office of education. +(c) Each school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, shall provide breakfast for its pupils in accordance with the following: +(1) From July 1, 2016, to June 30, 2017, inclusive, if at least 40 percent of the pupils enrolled in a school are needy children as defined in Section 49552, a nutritionally adequate breakfast shall be made available to pupils each schoolday. This breakfast may be offered either for sale or at no cost to the pupils. No pupil shall be required to consume a meal. Commencing on July 1, 2017, the requirements of this paragraph shall apply only to schools where at least 40 percent, but less than 60 percent, of the pupils enrolled in that school are needy children as defined in Section 49552. +(2) (A) From July 1, 2017, to June 30, 2018, inclusive, if at least 60 percent of the pupils enrolled in a school are needy children as defined in Section 49552, the school shall comply with both of the following requirements: +(i) A nutritionally adequate breakfast shall be made available to each pupil each schoolday. The school may make this breakfast available either for sale or at no cost to the pupils. No pupil shall be required to consume a meal. +(ii) The breakfast provided pursuant to clause (i) shall be available to pupils after instruction has begun for the schoolday. +(B) On and after July 1, 2018, the requirements of subparagraph (A) shall apply only to schools where at least 60 percent, but less than 80 percent, of the pupils enrolled in that school are needy children as defined in Section 49552. +(3) On and after July 1, 2018, if at least 80 percent of the pupils enrolled in a school are needy children as defined in Section 49552, the school shall comply with both of the following requirements: +(A) A nutritionally adequate breakfast shall be made available to pupils each schoolday. This breakfast shall be offered at no cost to the pupils. No pupil shall be required to consume a meal. +(B) The breakfast provided pursuant to subparagraph (A) shall be available to pupils after instruction has begun for the schoolday. +(d) As used in this section, “after instruction has begun for the schoolday” means after the time the schoolday has begun for a majority of the pupils enrolled at that school. +(e) This section shall not be construed to require a school to set aside instructional time for the purpose of serving breakfast. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires each school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide one nutritionally adequate free or reduced-price meal for each needy pupil during each schoolday, except as specified. Existing law authorizes a school district or county office of education to use funds made available through any applicable federal or state program or to use its own funds to provide the required meals. +This bill would express legislative findings and declarations relating to the federal School Breakfast Program. +The bill, from July 1, 2016, to June 30, 2017, inclusive, would require each school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, to make a nutritionally adequate breakfast available for all of the pupils in a school, when at least 40% of the pupils enrolled at the school are needy children, as defined. On and after July 1, 2017, these requirements would apply only to schools where at least 40%, but less than 60%, of the pupils enrolled in that school are needy children. +The bill, from July 1, 2017, to June 30, 2018, inclusive, with respect to schools where at least 60% of the pupils enrolled at the school are needy children, would additionally require these nutritionally adequate breakfasts to be available to pupils after instruction has begun for the schoolday, as defined. On and after July 1, 2018, these requirements would apply only to schools where at least 60%, but less than 80%, of the pupils enrolled in that school are needy children. +The bill, on and after July 1, 2018, with respect to schools where at least 80% of the pupils enrolled at the school are needy children, would additionally require these nutritionally adequate breakfasts to be available to pupils, at no cost to the pupil, after instruction has begun for the schoolday, as defined. +The bill would also specify that these provisions shall not be construed to require a school to set aside instructional time for the purpose of serving breakfast. +To the extent that this bill would create new duties for school districts and county offices of education, it would constitute a state-mandated local program. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 49550 of the Education Code, relating to pupil nutrition." +766,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 39719 of the Health and Safety Code is amended to read: +39719. +(a) The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712. +(b) To carry out a portion of the requirements of subdivision (a), annual proceeds are continuously appropriated for the following: +(1) Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as following: +(A) Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code. +(B) Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Funds shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code. +(C) Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds, shall be expended for affordable housing, consistent with the provisions of that program. +(2) Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code: +(A) Acquisition and construction costs of the project. +(B) Environmental review and design costs of the project. +(C) Other capital costs of the project. +(D) Repayment of any loans made to the authority to fund the project. +(3) Beginning in the 2016–17 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the Department of Water Resources to comply with the requirements of Chapter 4.5 (commencing with Section 430) of Division 1 of the Water Code. +(c) In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the funds subject to Section 39719.1 shall not be included. +SEC. 2. +Chapter 4.5 (commencing with Section 430) is added to Division 1 of the Water Code, to read: +CHAPTER 4.5. Water Storage and Reliability +430. +(a) On or before January 1, 2017, the Department of Water Resources, after one or more public workshops, shall identify the current statewide water storage capacity, including local, state, and federal projects, and prepare a strategy and implementation plan to achieve an expansion in statewide water storage capacity of 25 percent by January 1, 2025, and 50 percent by January 1, 2050. +(b) The Department of Water Resources shall provide a copy of the strategy and implementation plan to the appropriate policy committees of the Legislature and publish this information on the Department of Water Resources’ publicly available Internet Web site. +(c) On January 1, 2018, and every two years thereafter, until January 1, 2050, the Department of Water Resources shall update the strategy and implementation plan to reflect any changes made to the strategy and plan. +(d) The Department of Water Resources shall provide a copy of the updated strategy and implementation plans required pursuant to subdivision (c) to the appropriate policy committees of the Legislature and publish this information on the Department of Water Resources’ publicly available Internet Web site. +431. +(a) The Department of Water Resources shall increase the state’s total water storage capacity by 25 percent by January 1, 2025, and by 50 percent by January 1, 2050. +(b) The increase in water storage capacity required pursuant to subdivision (a) may be accomplished through a mix of both surface water and groundwater storage projects, including, but not limited to, all of the following: +(1) Surface water storage projects identified in the CALFED Bay-Delta Program Record of Decision, dated August 28, 2000, except for projects prohibited by Chapter 1.4 (commencing with Section 5093.50) of Division 5 of the Public Resources Code. +(2) Local and regional surface water storage projects. +(3) Groundwater storage projects and groundwater contamination prevention or remediation projects that provide water storage benefits. +(4) Conjunctive use and reservoir reoperation projects. +432. +(a) On January 1, 2020, and every five years thereafter, until January 1, 2050, the Legislative Analyst’s Office shall report to the Legislature on the Department of Water Resources’ progress on fulfilling the requirements imposed under Section 431. +(b) The Legislative Analyst’s Office shall include in the report required pursuant to subdivision (a) whether the Department of Water Resources is expected to achieve the water storage requirements imposed under Section 431 on time. +SECTION 1. +SEC. 3. +Section 13145.5 is added to the Water Code, to read: +13145.5. +In formulating state policy for water quality control and adopting or approving a water quality control plan for the Sacramento-San Joaquin Delta, the state board shall take into consideration, consistent with the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, any applicable groundwater sustainability plan or alternative adopted or approved under Part 2.74 (commencing with Section 10720) of Division 6 and available information and data regarding the impacts of groundwater use and management on beneficial uses of surface waters.","(1) Existing law establishes the Department of Water Resources in the Natural Resources Agency, and, among other things, empowers the department to conduct investigations of all or any portion of any stream, stream system, lake, or other body of water. +Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund. +This bill would require the department to increase statewide water storage capacity by 25% by January 1, 2025, and 50% by January 1, 2050, as specified. The bill would require the department, on or before January 1, 2017, to identify the current statewide water storage capacity and prepare a strategy and implementation plan to achieve those expansions in statewide water storage capacity, and would require the department to update the strategy and implementation plan on January 1, 2018, and every 2 years thereafter, until January 1, 2050. The bill would require the Legislative Analyst’s Office to report to the Legislature on January 1, 2020, and every 5 years thereafter, until January 1, 2050, on the department’s progress on achieving those required increases in statewide water storage capacity, as specified. The bill would, beginning in the 2016–17 fiscal year, continuously appropriate 25% of the annual proceeds of the Greenhouse Gas Reduction Fund to the department to comply with these requirements. +Existing +(2) Existing +law establishes the State Water Resources Control Board and the 9 California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law requires the state board to formulate and adopt state policy for water quality control. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region and prohibits a water quality control plan, or a revision of the plan, adopted by a regional board, from becoming effective unless it is approved by the state board. +Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. +This bill would require the state board, in formulating state policy for water quality control and adopting or approving a water quality control plan for the Sacramento-San Joaquin Delta, to take into consideration, consistent with the requirements of the California Environmental Quality Act, any applicable groundwater sustainability plan or alternative and available information and data regarding the impacts of groundwater use and management on beneficial uses of surface waters.","An act to +amend Section 39719 of the Health and Safety Code, and to +add Section 13145.5 +to +to, and to add Chapter 4.5 (commencing with Section 430) to Division 1 of, +the Water Code, relating to +water quality. +water, and making an appropriation therefor." +767,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6254.32 is added to the Government Code, to read: +6254.32. +(a) Notwithstanding any other law, including, but not limited to, Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, a recording made by a body worn camera is confidential and shall not be disclosed, except that the recording shall be disclosed to the person whose image is recorded by the body worn camera. +(b) The following definitions shall apply to this section: +(1) “Body worn camera” means a device attached to the uniform or body of a peace officer that records video, audio, or both, in a digital or analog format. +(2) “Peace officer” means any person designated as a peace officer pursuant to Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. +SEC. 2. +The Legislature finds and declares that Section 1 of this act, which adds Section 6254.32 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +The need to protect individual privacy from the public disclosure of images captured by a body worn camera outweighs the interest in the public disclosure of that information. +SEC. 3. +The Legislature finds and declares that Section 1 of this act, which adds Section 6254.32 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: +Protecting the privacy of a person whose image is captured by body worn cameras on local peace officers enhances public safety and the protection of individual rights, thereby furthering the purposes of Section 3 of Article I of the California Constitution. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. +SECTION 1. +Section 832.7 of the +Penal Code +is amended to read: +832.7. +(a)Peace officer or custodial officer personnel records and records maintained by any state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section shall not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorney’s office, or the Attorney General’s office. +(b)Notwithstanding subdivision (a), a department or agency shall release to the complaining party a copy of his or her own statements at the time the complaint is filed. +(c)Notwithstanding subdivision (a), a department or agency that employs peace or custodial officers may disseminate data regarding the number, type, or disposition of complaints (sustained, not sustained, exonerated, or unfounded) made against its officers if that information is in a form that does not identify the individuals involved. +(d)Notwithstanding subdivision (a), a department or agency that employs peace or custodial officers may release factual information concerning a disciplinary investigation if the officer who is the subject of the disciplinary investigation, or the officer’s agent or representative, publicly makes a statement he or she knows to be false concerning the investigation or the imposition of disciplinary action. Information may not be disclosed by the peace or custodial officer’s employer unless the false statement was published by an established medium of communication, including, but not limited to, television, radio, or a newspaper. Disclosure of factual information by the employing agency pursuant to this subdivision is limited to facts contained in the officer’s personnel file concerning the disciplinary investigation or imposition of disciplinary action that specifically refute the false statements made public by the peace or custodial officer or his or her agent or representative. +(e)(1)The department or agency shall provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition. +(2)The notification described in this subdivision shall not be conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding brought before an arbitrator, court, or judge of this state or the United States. +(f)Nothing in this section shall affect the discovery or disclosure of information contained in a peace or custodial officer’s personnel file pursuant to Section 1043 of the Evidence Code.","(1) The California Public Records Act requires that public records be open to inspection at all times during the office hours of a state or local agency and that every person has a right to inspect any public record, except as specifically provided. The act further requires that a reasonably segregable portion of a public record be available for inspection by any person requesting the public record after deletion of the portions that are exempted by law. +This bill would, notwithstanding any other law, prohibit the disclosure of a recording made by a body worn camera, as defined, except for requiring disclosure to the person whose image is recorded by the body worn camera. +(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect. +(3) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. +This bill would make legislative findings to that effect. +(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +Existing law provides that peace officer or custodial officer personnel records and records maintained by any state or local agency, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery. Existing law describes exceptions to this policy, including data regarding the number, type, or disposition of complaints made against officers if that information is in a form that does not identify the individuals involved. +This bill would make technical, nonsubstantive changes to these provisions.","An act to +amend Section 832.7 of the Penal Code, relating to peace officers. +add Section 6254.32 to the Government Code, relating to public records." +768,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 35554 of the Vehicle Code, as amended by Section 2 of Chapter 263 of the Statutes of 2014, is amended to read: +35554. +(a) (1) Notwithstanding Section 35550, the maximum gross weight on any one axle of a bus shall not exceed 20,500 pounds. +(2) This subdivision does not apply to a transit bus procured through a solicitation process pursuant to which a solicitation was issued before January 1, 2016. This subdivision does not apply to a bus purchased during an option period in a multiyear contract to purchase transit buses that is entered into before January 1, 2016, by a publicly owned or operated transit system, or an operator of a transit system under contract with a publicly owned or operated transit system, provided, however, that the option period does not exceed five years from the date of the original contract, or extend beyond January 1, 2021, whichever is earlier. +(b) A transit bus is not subject to Section 35550. +(c) Notwithstanding subdivision (a), the following provisions shall apply to a transit bus: +(1) The curb weight on any one axle of a transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2016, and December 31, 2018, inclusive, shall not exceed 23,000 pounds. +(2) The curb weight on any one axle of a transit bus procured through a solicitation process pursuant to which a solicitation was issued on or after January 1, 2019, shall not exceed 22,000 pounds. +(d) Notwithstanding subdivisions (a) and (c), the following provisions shall apply to an articulated transit bus or zero-emission transit bus: +(1) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2016, and December 31, 2017, inclusive, shall not exceed 25,000 pounds. +(2) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2018, and December 31, 2019, inclusive, shall not exceed 24,000 pounds. +(3) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2020, and December 31, 2021, inclusive, shall not exceed 23,000 pounds. +(4) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued on or after January 1, 2022, shall not exceed 22,000 pounds. +(e) Nothing in this article shall be construed to authorize a vehicle described in paragraph (2) of subdivision (a) or described in subdivision (c) or (d) to be operated in violation of Section 35753. +(f) A transit operator operating an articulated transit bus shall, by July 1, 2016, provide notice to all cities and counties in whose jurisdiction the bus will operate in the upcoming calendar year, identifying the approximate routes upon which the bus is expected to be scheduled for service, including the names of streets and roads upon which that service is likely to take place. Thereafter, a transit operator operating an articulated transit bus shall annually provide notice by July 1, to all cities and counties in whose jurisdiction the bus will operate in the upcoming calendar year, identifying any changes to the service on those routes and any new routes upon which the bus is expected to be scheduled for the upcoming year. The notice shall include data from information provided by the bus manufacturer to the transit operator, identifying the weight of the articulated bus. +(g) For purposes of this section, the term “curb weight” means the total weight of a fully loaded transit bus, including maximum fuel, oil, and coolant, and all equipment used in the normal operation of the bus, except without passengers or a driver. +(h) Notwithstanding subdivisions (a) to (g), inclusive, a transit bus shall not operate on the Dwight D. Eisenhower System of Interstate and Defense Highways in excess of the weight limitation for transit buses specified in federal law. +(i) If the gross weight imposed upon the highway by the wheels on any one axle of a transit bus exceeds 20,000 pounds, the axle shall be supported by four wheels bearing load upon the highway. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, operative January 1, 2016, provides that the gross weight on any one axle of a bus shall not exceed 20,500 pounds. Existing law exempts from this limitation a transit bus procured through a solicitation process pursuant to which a solicitation was issued before January 1, 2013. A violation of this provision is a crime. +This bill would exempt from the weight limitation transit buses procured through a solicitation process pursuant to which a solicitation was issued before January 1, 2016. The bill would provide that the weight limitation would not apply to a bus purchased during an option period in a multiyear contract to purchase transit buses that is entered into before January 1, 2016, by a publicly owned or operated transit system, or an operator of a transit system under contract with a publicly owned or operated transit system, provided that the option period does not exceed 5 years from the date of the original contract, or extend beyond January 1, 2021, whichever is earlier. This bill would also establish certain weight limitations for transit buses procured through a solicitation process pursuant to which a solicitation was issued at a specified time. The bill would provide that these provisions do not authorize the operation of a transit bus on a bridge or certain other structures if the gross weight of the transit bus is greater than the maximum weight which the bridge or other structure can safely sustain. The bill would require, if the gross weight imposed upon the highway by the wheels on any one axle of a transit bus exceeds 20,000 pounds, the axle to be supported by 4 wheels bearing load upon the highway. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. +The bill would require a transit operator operating an articulated bus to provide notice, by July 1, 2016, to all cities and counties in whose jurisdiction the bus will operate in the upcoming calendar year, of the approximate routes upon which the bus will operate. The bill would also require an annual notice by July 1 thereafter to all cities and counties under whose jurisdiction the bus will operate, identifying any changes to the service on those routes or any new routes upon which the bus is expected to be scheduled for the upcoming calendar year. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 35554 of the Vehicle Code, relating to vehicles." +769,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California supports the dignity, independence, and choice of seniors and persons with disabilities to live in the most integrated setting appropriate, in their own home or a community-based setting, and to be free from unnecessary institutionalization. +(b) The American population is swiftly aging. According to the federal Centers for Disease Control and Prevention, in 2007 individuals 65 years of age and over represented 12.6 percent of the American population; by 2030 it is estimated the older adult population will reach 20 percent of the whole, with 70 million adults over 65 years of age. Many of these adults will experience disability and chronic conditions. The Alzheimer’s Association reports that over five million Americans are living with Alzheimer’s disease and that number will grow to 16 million by 2050, with the cost of caring for those individuals growing from $203 billion in 2013 to $1.2 trillion by mid-century. +(c) According to the United States Census, California’s older adult population is the country’s largest, with over four million seniors currently residing in the state. The California Department of Aging reports that one in every five Californians is now 60 years of age or older and 40 percent of those individuals have a disability. The state’s population is also diverse: just under one-half million older adults in the state identify as Latino or Hispanic, 354,000 identify as Asian, over 182,000 as African American, and over 100,000 people as Native American, Pacific Islander, or multiracial. +(d) Adult Day Health Care (ADHC) was established in California in 1974 as a service designed to meet the needs of older adults and adults with disabilities in community settings rather than in institutional care. ADHC centers are licensed daytime health facilities that provide integrated services from a multidisciplinary team including nurses, social workers, occupational therapists, and other professionals. +(e) ADHC centers serve frail elders and other adults with disabilities, chronic conditions, and complex care needs, such as Alzheimer’s disease or other dementia, diabetes, high blood pressure, mental health diagnoses, traumatic brain injury, and people who have had a stroke or breathing problems or who cannot take medications properly. +(f) ADHC centers also offer caregiver support, addressing research findings that identify caregiver stress as a leading cause of placement in a nursing facility, as well as putting the aging or disabled adult at increased risk for abuse or neglect. +(g) ADHC services include health, therapeutic, and social services including transportation; skilled nursing care; physical, occupational, and speech therapy; medical social work services; therapeutic exercise activities; protective supervision; activities of daily living; brain-stimulating activities; and a nutritionally balanced hot meal. Services are provided in accordance with a person-centered care plan designed after a three-day interdisciplinary team assessment that includes a home visit and communication with the participant’s primary care physician. +(h) ADHC participants, who are at risk of institutionalization, receive services in the center and return to their own homes at night. According to a 2012 study by the California Medicaid Research Institute, the statewide weighted average annual per person nursing home cost for Medi-Cal/Medicare recipients in California is $83,364, while the average annual expenditure per person for ADHC for this population is $9,312. +(i) ADHC centers are licensed by the State Department of Public Health and overseen by the California Department of Aging and the State Department of Health Care Services. +(j) In 1977, Senator Henry Mello issued a report that identified the need for 600 ADHC centers statewide to meet the needs of California’s elder population. At its peak in 2004, approximately 360 ADHC centers provided care to over 40,000 medically fragile Californians. In December 2013, there were a total of 270 open ADHC centers in California, including 245 serving the Medi-Cal population, two centers serving private-pay clients, and 23 centers associated with Programs of All-Inclusive Care for the Elderly. Medi-Cal recipients receiving services at ADHC centers totaled 28,777 persons. +(k) In 2015, 32 California counties do not have an adult day health center, including Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Inyo, Kings, Lake, Lassen, Madera, Mariposa, Mendocino, Modoc, Mono, Nevada, Placer, Plumas, San Benito, San Joaquin, San Luis Obispo, Sierra, Siskiyou, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba. +(l) For many years, ADHC was a state plan optional benefit of the Medi-Cal program, offering an integrated medical and social services model of care that helped individuals continue to live outside of nursing homes or other institutions. +(m) California’s adult day services have experienced significant instability in recent years due to California’s fiscal crisis and subsequent budget reductions. The Budget Act of 2011 and the related trailer bill, Chapter 3 of the Statutes of 2011, eliminated ADHC as a Medi-Cal optional state plan benefit. +(n) A class action lawsuit, Esther Darling, et al. v. Toby Douglas, et al., challenged the elimination of ADHC as a violation of the Supreme Court decision in Olmstead v. L.C. The state settled the lawsuit, agreeing to replace ADHC services with a new program called Community-Based Adult Services (CBAS), effective April 1, 2012, to provide necessary medical and social services to individuals with intensive health care needs. CBAS is a managed care benefit, administered through California’s Medi-Cal Managed Care Organizations. For CBAS-eligible individuals who do not qualify for managed care enrollment and who have an approved medical exemption or who reside in a county where managed care is currently not available, CBAS services are provided as a Medi-Cal fee-for-service benefit. +(o) The State Department of Health Care Services amended the “California Bridge to Reform” Section 1115 Waiver to include the new CBAS program, which was approved by the Centers for Medicare and Medicaid Services on March 30, 2012, and renewed on November 28, 2014. CBAS is operational under the Section 1115 Bridge to Reform Waiver through October 31, 2015. +(p) Adult day services and CBAS programs remain a source of necessary skilled nursing, therapeutic services, personal care, supervision, health monitoring, and caregiver support. The state’s demographic forecast projects the continued growth of the aging population at least through the year 2050, thereby increasing the need and demand for integrated, community-based services. +(q) Continuation of a well-defined and well-regulated system of CBAS programs is essential in order to meet the rapidly changing needs of California’s diverse and aging population and the state’s goals for the Coordinated Care Initiative. +(r) Ensuring that the key elements of the CBAS program are codified in state law stabilizes the program’s structure and eligibility framework in order to enable thousands of disabled and frail Californians who rely upon adult day health programs today, and those who will need this service in the future, to be able to continue to receive services that support them in remaining independent and free of institutionalization for as long as possible. +SEC. 2. +Article 7 (commencing with Section 14590.10) is added to Chapter 8.7 of Part 3 of Division 9 of the Welfare and Institutions Code, to read: +Article 7. Community-Based Adult Services +14590.10. +(a) Notwithstanding the operational period of CBAS as specified in the Special Terms and Conditions of California’s Bridge to Reform Section 1115(a) Medicaid Demonstration (11-W-00193/9), CBAS shall be a Medi-Cal benefit and shall be available as a covered service in contracts with managed health care plans with the standards, eligibility criteria, and provisions that are described in the Special Terms and Conditions of California’s Bridge to Reform Section 1115(a) Medicaid Demonstration (11-W-00193/9) and any successor federal authorities. +(b) CBAS shall be available to beneficiaries who meet all of the following qualifications: +(1) The beneficiary is 18 years of age or older. +(2) The beneficiary derives his or her Medicaid eligibility from the state plan and is either aged, blind, or disabled, including those who are recipients of Medicare. +(3) The beneficiary is a Medi-Cal managed care plan member or is exempt from enrollment in Medi-Cal managed care. +(4) The beneficiary resides within a geographic service area in which the CBAS benefit was available as of April 1, 2012, as more fully described in Special Terms and Conditions 95(b), or is determined to be eligible for the CBAS benefit by a managed care plan that contracts with CBAS providers pursuant to Special Terms and Conditions 95(b) and Special Terms and Conditions 98(a)(ii). +(5) The beneficiary shall meet or exceed the medical necessity criteria established in Section 14526.1 and for whom one of the following criteria is present: +(A) The beneficiary meets or exceeds the “Nursing Facility Level of Care A” (NF-A) criteria as set forth in the California Code of Regulations. +(B) Both of the following apply to the beneficiary: +(i) The beneficiary has a diagnosed organic, acquired, or traumatic brain injury or a chronic mental disorder, or both. For the purpose of this clause, “chronic mental disorder” means that the beneficiary has one or more of the following diagnoses or their successor diagnoses included in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association: +(I) A pervasive developmental disorder. +(II) An attention deficit and disruptive behavior disorder. +(III) A feeding and eating disorder of infancy, childhood, or adolescence. +(IV) An elimination disorder. +(V) A schizophrenia and other psychiatric disorder. +(VI) A mood disorder. +(VII) An anxiety disorder. +(VIII) A somatoform disorder. +(IX) A factitious disorder. +(X) A dissociative disorder. +(XI) Paraphilia. +(XII) An eating disorder. +(XIII) An impulse control disorder not elsewhere classified. +(XIV) An adjustment disorder. +(XV) A personality disorder. +(XVI) A medication-induced movement disorder. +(ii) The beneficiary needs assistance or supervision as described in subclause (I) or (II). +(I) The beneficiary needs assistance or supervision with at least two of the following: +(ia) Bathing. +(ib) Dressing. +(ic) Self-feeding. +(id) Toileting. +(ie) Ambulating. +(if) Transferring. +(ig) Medication management. +(ih) Hygiene. +(II) The beneficiary needs assistance or supervision with at least one of the activities identified in subclause (I) and needs assistance with at least one of the following: +(ia) Money management. +(ib) Accessing community and health resources. +(ic) Meal preparation. +(id) Transportation. +(C) The beneficiary has a moderate to severe cognitive disorder such as dementia, including dementia characterized by the descriptors of, or equivalent to, Stages 5, 6, or 7 of the Alzheimer’s type. +(D) The beneficiary has a mild cognitive disorder such as dementia, including dementia of the Alzheimer’s type, and needs assistance or supervision with at least two of the following activities: +(i) Bathing. +(ii) Dressing. +(iii) Self-feeding. +(iv) Toileting. +(v) Ambulating. +(vi) Transferring. +(vii) Medication management. +(viii) Hygiene. +(E) The beneficiary has a developmental disability. For the purpose of this subparagraph, “developmental disability” means a disability that originates before the individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual as defined in Section 54001 of Title 17 of the California Code of Regulations. +(c) (1) CBAS providers shall be licensed as adult day health care centers and certified by the California Department of Aging as CBAS providers, and shall meet the standards specified in this chapter and Chapter 5 (commencing with Section 54001) of Division 3 of Title 22 of the California Code of Regulations. +(2) CBAS providers shall meet all applicable licensing and Medi-Cal standards, including, but not limited to, licensing provisions in Division 2 (commencing with Section 1200) of the Health and Safety Code, including Chapter 3.3 (commencing with Section 1570) of Division 2 of the Health and Safety Code, and shall provide services in accordance with Chapter 10 (commencing with Section 78001) of Division 5 of Title 22 of the California Code of Regulations. +(3) CBAS providers shall comply with the provisions of California’s Bridge to Reform Section 1115(a) Medicaid Demonstration (11-W-00193/9) and any successor federal authorities. +(d) In counties where the State Department of Health Care Services has implemented Medi-Cal managed care, CBAS shall be available as a Medi-Cal managed care benefit pursuant to Section 14186.3, except that for individuals who qualify for CBAS, but who are not qualified for, or who are exempt from, enrollment in Medi-Cal managed care, CBAS shall be provided as a fee-for-service Medi-Cal benefit. +(e) For purposes of this section, “Community-Based Adult Services” or “CBAS” means an outpatient, facility-based program, provided pursuant to a participant’s individualized plan of care, as developed by the center’s multidisciplinary team, that delivers nutrition services, professional nursing care, therapeutic activities, facilitated participation in group or individual activities, social services, personal care services, and, when specified in the individual plan of care, physical therapy, occupational therapy, speech therapy, behavioral health services, registered dietician services, and transportation. +(f) This section shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available and is not jeopardized.","Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified, low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law provides, to the extent permitted by federal law, that adult day health care (ADHC) be excluded from coverage under the Medi-Cal program. +This bill would establish the Community-Based Adult Services (CBAS) program as a Medi-Cal benefit and would require CBAS to be available as a covered service in contracts with managed health care plans, as specified. The bill would specify eligibility requirements for participation in the CBAS program. The bill would require that CBAS providers be licensed as ADHC centers and certified by the California Department of Aging as CBAS providers. The bill would require CBAS providers to meet specified licensing requirements and to provide care in accordance with specified regulations. The bill would require that these provisions be implemented only if federal financial participation is available.","An act to add Article 7 (commencing with Section 14590.10) to Chapter 8.7 of Part 3 of Division 9 of the Welfare and Institutions Code, relating to adult day health care." +770,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 281 of the Public Utilities Code is amended to read: +281. +(a) The commission shall develop, implement, and administer the California Advanced Services Fund program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section. +(b) (1) The goal of the program is, no later than December 31, 2015, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households. +(2) In approving infrastructure projects, the commission shall give priority to projects that provide last-mile broadband access to households that are unserved by an existing facilities-based broadband provider. The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application. +(c) The commission shall establish the following accounts within the fund: +(1) The Broadband Infrastructure Grant Account. +(2) The Rural and Urban Regional Broadband Consortia Grant Account. +(3) The Broadband Infrastructure Revolving Loan Account. +(4) The Broadband Public Housing Account. +(d) (1) All moneys collected by the surcharge authorized by the commission pursuant to Decision 07-12-054 shall be transmitted to the commission pursuant to a schedule established by the commission. The commission shall transfer the moneys received to the Controller for deposit in the California Advanced Services Fund. Moneys collected on and after January 1, 2011, shall be deposited in the following amounts in the following accounts: +(A) One hundred ninety million dollars ($190,000,000) into the Broadband Infrastructure Grant Account. +(B) Fifteen million dollars ($15,000,000) into the Rural and Urban Regional Broadband Consortia Grant Account. +(C) Ten million dollars ($10,000,000) into the Broadband Infrastructure Revolving Loan Account. +(2) All interest earned on moneys in the fund shall be deposited in the fund. +(3) The commission shall not collect moneys, by imposing the surcharge described in paragraph (1) for deposit in the fund, in an amount that exceeds one hundred million dollars ($100,000,000) before January 1, 2011. On and after January 1, 2011, the commission may collect an additional sum not to exceed two hundred fifteen million dollars ($215,000,000), for a sum total of moneys collected by imposing the surcharge described in paragraph (1) not to exceed three hundred fifteen million dollars ($315,000,000). The commission may collect the additional sum beginning with the calendar year starting on January 1, 2011, and continuing through the 2020 calendar year, in an amount not to exceed twenty-five million dollars ($25,000,000) per year, unless the commission determines that collecting a higher amount in any year will not result in an increase in the total amount of all surcharges collected from telephone customers that year. +(e) (1) All moneys in the California Advanced Services Fund shall be available, upon appropriation by the Legislature, to the commission for the program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund. +(2) Notwithstanding any other law and for the sole purpose of providing matching funds pursuant to the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), any entity eligible for funding pursuant to that act shall be eligible to apply to participate in the program administered by the commission pursuant to this section, if that entity otherwise satisfies the eligibility requirements under that program. Nothing in this section shall impede the ability of an incumbent local exchange carrier, as defined by subsection (h) of Section 251 of Title 47 of the United States Code, that is regulated under a rate of return regulatory structure, to recover, in rate base, California infrastructure investment not provided through federal or state grant funds for facilities that provide broadband service and California intrastate voice service. +(3) Notwithstanding subdivision (b) of Section 270, an entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved or underserved household, as defined in commission Decision 12-02-015, if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission. These requirements shall include all of the following: +(A) That projects under this paragraph provide last-mile broadband access to households that are unserved by an existing facilities-based broadband provider and only receive funding to provide broadband access to households that are unserved or underserved, as defined in commission Decision 12-02-015. +(B) That funding for a project providing broadband access to an underserved household shall not be approved until after any existing facilities-based provider has an opportunity to demonstrate to the commission that it will, within a reasonable timeframe, upgrade existing service. An existing facilities-based provider may, but is not required to, apply for funding under this section to make that upgrade. +(C) That the commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application. +(D) That a local governmental agency may be eligible for an infrastructure grant only if the infrastructure project is for an unserved household or business, the commission has conducted an open application process, and no other eligible entity applied. +(E) That the commission shall establish a service list of interested parties to be notified of California Advanced Services Fund applications. +(f) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to fund the cost of broadband deployment activities other than the capital cost of facilities, as specified by the commission. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, and business, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity. +(g) Moneys in the Broadband Infrastructure Revolving Loan Account shall be available to finance capital costs of broadband facilities not funded by a grant from the Broadband Infrastructure Grant Account. The commission shall periodically set interest rates on the loans based on surveys of existing financial markets. +(h) (1) For purposes of this subdivision, the following terms have the following meanings: +(A) “Publicly subsidized” means either that the housing development receives financial assistance from the United States Department of Housing and Urban Development pursuant to an annual contribution contract or is financed with low-income housing tax credits, tax-exempt mortgage revenue bonds, general obligation bonds, or local, state, or federal loans or grants and the rents of the occupants, who are lower income households, do not exceed those prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance. +(B) “Publicly supported community” means a publicly subsidized multifamily housing development that is wholly owned by either of the following: +(i) A public housing agency that has been chartered by the state, or by any city or county in the state, and has been determined to be an eligible public housing agency by the United States Department of Housing and Urban Development. +(ii) An incorporated nonprofit organization as described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) that is exempt from taxation under Section 501(a) of that code (16 U.S.C. Sec. 501(a)), and that has received public funding to subsidize the construction or maintenance of housing occupied by residents whose annual income qualifies as “low” or “very low” income according to federal poverty guidelines. +(2) Notwithstanding subdivision (b) of Section 270, moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to an eligible publicly supported community if that entity otherwise meets eligibility requirements and complies with program requirements established by the commission. +(3) Not more than twenty million dollars ($20,000,000) shall be available for grants and loans to a publicly supported community to finance a project to connect a broadband network to that publicly supported community. A publicly supported community may be an eligible applicant only if the publicly supported community can verify to the commission that the publicly supported community has not denied a right of access to any broadband provider that is willing to connect a broadband network to the facility for which the grant or loan is sought. +(4) (A) Not more than five million dollars ($5,000,000) shall be available for grants and loans to a publicly supported community to support programs designed to increase adoption rates for broadband services for residents of that publicly supported community. A publicly supported community may be eligible for funding for a broadband adoption program only if the residential units in the facility to be served have access to broadband services or will have access to broadband services at the time the funding for adoption is implemented. +(B) A publicly supported community may contract with other nonprofit or public agencies to assist in implementation of a broadband adoption program. +(5) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of publicly supported communities. +(6) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source. +(7) (A) To provide funding for the purposes of this subdivision, the commission shall transfer to the Broadband Public Housing Account twenty million dollars ($20,000,000) from the Broadband Infrastructure Grant Account and five million dollars ($5,000,000) from the Broadband Revolving Loan Account. Any moneys in the Broadband Public Housing Account that have not been awarded pursuant to this subdivision by December 31, 2016, shall be transferred back to the Broadband Infrastructure Grant Account and Broadband Infrastructure Revolving Loan Account in proportion to the amount transferred from the respective accounts. +(B) The commission shall transfer funds pursuant to subparagraph (A) only if the commission is otherwise authorized to collect funds for purposes of this section in excess of the total amount authorized pursuant to paragraph (3) of subdivision (d). +(i) (1) The commission shall conduct two interim financial audits and a final financial audit and two interim performance audits and a final performance audit of the implementation and effectiveness of the California Advanced Services Fund to ensure that funds have been expended in accordance with the approved terms of the grant awards and loan agreements and this section. The commission shall report its interim findings to the Legislature by April 1, 2011, and April 1, 2017. The commission shall report its final findings to the Legislature by April 1, 2021. The reports shall also include an update to the maps in the final report of the California Broadband Task Force and data on the types and numbers of jobs created as a result of the program administered by the commission pursuant to this section. +(2) (A) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2022, pursuant to Section 10231.5 of the Government Code. +(B) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. +(j) (1) Beginning on January 1, 2012, and annually thereafter, the commission shall provide a report to the Legislature that includes all of the following information: +(A) The amount of funds expended from the California Advanced Services Fund in the prior year. +(B) The recipients of funds expended from the California Advanced Services Fund in the prior year. +(C) The geographic regions of the state affected by funds expended from the California Advanced Services Fund in the prior year. +(D) The expected benefits to be derived from the funds expended from the California Advanced Services Fund in the prior year. +(E) Actual broadband adoption levels from the funds expended from the California Advanced Services Fund in the prior year. +(F) The amount of funds expended from the California Advanced Services Fund used to match federal funds. +(G) An update on the expenditures from California Advanced Services Fund and broadband adoption levels, and an accounting of remaining unserved and underserved households and areas of the state. +(H) The status of the California Advanced Services Fund balance and the projected amount to be collected in each year through 2020 to fund approved projects. +(2) (A) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. +(B) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. +SEC. 2. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +The immediate continuation of assistance with broadband deployment is a primary purpose of the Rural and Urban Regional Broadband Consortia Grant Account. In order to ensure funding for regular broadband consortia activities, adequate funding must be made available. The Rural and Urban Regional Broadband Consortia Grant Account has been exhausted and unless moneys are made available immediately, deployment activities could cease.","Existing law, the federal Telecommunications Act of 1996, establishes a program of cooperative federalism for the regulation of telecommunications to attain the goal of local competition, while implementing specific, predictable, and sufficient federal and state mechanisms to preserve and advance universal service, consistent with certain universal service principles. The universal service principles include the principle that consumers in all regions of the nation, including low-income consumers and those in rural, insular, and high-cost areas, should have access to telecommunications and information services, including interexchange services and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas. The act authorizes each state to adopt regulations to provide for additional definitions and standards to preserve and advance universal service within the state, only to the extent that they adopt additional specific, predictable, and sufficient mechanisms that do not rely on or burden federal universal service support mechanisms. +Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations, as defined. Existing law establishes the California Advanced Services Fund, referred to as the CASF, in the State Treasury. Existing law requires the commission to develop, implement, and administer the CASF to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and substantial social benefits of advanced information and communications technologies, as provided in specified decisions of the commission and in the CASF statute. Existing law establishes 4 accounts, the Broadband Infrastructure Grant Account, the Rural and Urban Regional Broadband Consortia Grant Account, the Broadband Infrastructure Revolving Loan Account, and the Broadband Public Housing Account within the CASF. Existing law requires that of the moneys collected for CASF on and after January 1, 2011, $10,000,000 is to be deposited into the Rural and Urban Regional Broadband Consortia Grant Account and used for specified purposes, and $15,000,000 is to be deposited into the Broadband Infrastructure Revolving Loan Account and used for specified purposes. +This bill would require that of the moneys collected for CASF on and after January 1, 2011, $15,000,000 is to be deposited into the Rural and Urban Regional Broadband Consortia Grant Account and used for specified purposes, and $10,000,000 is to be deposited into the Broadband Infrastructure Revolving Loan Account and used for specified purposes. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 281 of the Public Utilities Code, relating to telecommunications, and declaring the urgency thereof, to take effect immediately." +771,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) In 2011, there were 29,757 fatal motor vehicle crashes and 1,530,000 nonfatal serious injury crashes in the United States. +(b) Existing law requires, within 24 hours of the arrival of a patient in the emergency department of a general acute care hospital, including a motor vehicle crash victim, who is unconscious or otherwise incapable of communication, the hospital to make reasonable efforts to contact the patient’s agent, surrogate, or a family member or other person the hospital reasonably believes has the authority to make health care decisions on behalf of the patient. +(c) Contrary to popular belief, emergency medical technicians and law enforcement do not have immediate access to family contact information following a motor vehicle crash involving individuals who are unconscious or unable to communicate, and, typically, on-scene law enforcement resort to searching personal belongings, such as a wallet, driver’s license, glove compartment, or cell phone for leads to the identity of a family member or next of kin. +(d) Critical hours elapse as family members are not notified and unconscious motor vehicle crash victims enter the emergency department of a general acute care hospital without the benefit of family members to advocate on their behalf or provide important information to enhance medical care, as there is a national average of six hours’ lack of notice for in-state incidents and over two days’ lack of notice for out-of-state incidents. +(e) In 2008, a VinECON policy resolution was adopted by the American Association of State Highway and Transportation Officials’ (AASHTO) Standing Committee on Highway Traffic Safety Subcommittee on Safety Management, with the support and assistance of the Healthcare Information Technology Standards Panel, the International Association of Chiefs of Police, the International Association of Fire Chiefs, the National Association of State EMS Officials, the International Association of Public-Safety Communications Officials, and the Governors Highway Safety Association. +(f) The AASHTO VinECON policy resolution encouraged motor vehicle manufacturers to establish a national law enforcement vehicle identification number emergency contact locator database, in conjunction with the National Law Enforcement Telecommunication System (Nlets). +(g) As authorized by the City of Los Angeles in 2013, pursuant to Council File No. 13-0002-S3, the City of Los Angeles adopted a resolution seeking a sponsor of California legislation to the Vehicle Code, relating to vehicles enforcing the AASHTO VinECON policy resolution. +(h) A purchaser or lessee of a new motor vehicle from a new motor vehicle dealer in this state should have the right to voluntarily register at the point of sale an emergency contact to be stored in the VinECON database to be utilized by law enforcement if the motor vehicle is involved in a crash or other emergency situation rendering the occupant unconscious or otherwise unable to communicate with the contact person or persons. +(i) As authorized by the Legislature in 2001, the Department of Motor Vehicles administers the Business Partner Automation Program, pursuant to Section 1685 of the Vehicle Code, to improve the quality of registration products and services by licensing qualified private industry partners to provide secure electronic portals to licensed new motor vehicle dealers so that they may perform required registration tasks and services electronically. +(j) It is the intent of the Legislature in enacting this act to further increase the registration benefits of the DMV Business Partner Automation Program by allowing a purchaser or lessee of a new motor vehicle to voluntarily register at point of sale an emergency contact in the VinECON database using electronic programs provided by a qualified private industry partner. This act will assist police to expeditiously provide VinECON data to the emergency department of a general acute care hospital receiving a motor vehicle crash victim who is unconscious or otherwise incapable of communication. +SEC. 2. +Section 9956 is added to the Vehicle Code, to read: +9956. +(a) This section shall be known, and may be cited, as the “Motor Vehicle Emergency Contact Locator Act of 2015.” +(b) For purposes of this section, “VinECON database” means the national law enforcement vehicle identification number emergency contact locator database. +(c) This database shall be established by motor vehicle manufacturers, in conjunction with law enforcement agencies and the National Law Enforcement Telecommunications System. +(d) This section applies only to vehicles sold or leased in this state on or after January 2, 2016, with a 2017 model year or later. +(e) (1) A new motor vehicle dealer of a motor vehicle sold or leased in this state on or after January 2, 2016, with a 2017 model year or later, shall allow a purchaser or lessee of a new motor vehicle to voluntarily register at point of sale an emergency contact in the VinECON database using electronic programs provided by a DMV licensed electronic registration private industry partner. +(2) A new motor vehicle dealer providing services under paragraph (1) may charge the purchaser a VinECON electronic registration fee equal to the dealer’s electronic registration costs, not to exceed thirty-one dollars ($31). +(3) A new motor vehicle dealer providing services under paragraph (1) may charge the purchaser a VinECON document processing fee not to exceed eighty-five dollars ($85). +(4) The VinECON data stored in the national law enforcement vehicle identification number emergency contact locator database pursuant to this section shall be made available electronically only to authorized law enforcement personnel. +(5) If a motor vehicle crash victim is rendered unable to communicate due to physical injury, law enforcement personnel shall, when practicable, expeditiously provide verbal or written VinECON data to the emergency department of a general acute care hospital receiving a motor vehicle crash victim who is unconscious or otherwise incapable of communication. +(6) Neither the law enforcement officer nor the law enforcement agency that employs that law enforcement officer is liable if the general acute care hospital is not able to make contact with the designated emergency contact person. +(f) (1) A new motor vehicle dealer shall make a good faith effort to register accurate VinECON data as provided by the purchaser or lessee at the original retail point of sale using electronic programs provided by a qualified private industry partner. +(2) Neither the motor vehicle manufacturer nor the new motor vehicle dealer is liable for any liability for damages, costs, or expenses, including, but not limited to, consequential damages arising or resulting from any inaccurate VinECON data or system unavailability. +(g) A violation of the requirements of this section is a cause for discipline pursuant to Section 11705. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law imposes specified requirements on manufacturers of motor vehicles sold or leased in this state. Existing law requires hospitals to make reasonable efforts to contact the agent, surrogate, or family of patients who are otherwise incapable of communication. +This bill would enact the “Motor Vehicle Emergency Contact Locator Act of 2015” and would require a vehicle identification number emergency contact locator database to be established by motor vehicle manufacturers in conjunction with law enforcement agencies and the National Law Enforcement Telecommunications System. +This bill would require a motor vehicle manufacturer of a new motor vehicle sold or leased in this state on or after January 2, 2016, with a 2017 model year or later, to provide a means by which a purchaser or lessee of a new motor vehicle can voluntarily designate at the original retail point of sale an emergency contact to be stored in the VinECON database. +The bill would require the emergency contact information to be made available electronically only to authorized law enforcement and would require law enforcement personnel, when practicable, to expeditiously provide any VinECON data, either verbal or written, to the emergency department of a general acute care hospital receiving a motor vehicle crash victim who is unconscious or otherwise incapable of communication, thereby imposing a state-mandated local program by imposing new duties upon local agencies. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 9956 to the Vehicle Code, relating to vehicles." +772,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 21159.21 of the Public Resources Code is amended to read: +21159.21. +A housing project qualifies for an exemption from this division pursuant to Section 21159.22, 21159.23, or 21159.24 if it meets the criteria in the applicable section and all of the following criteria: +(a) The project is consistent with any applicable general plan, specific plan, and local coastal program, including any mitigation measures required by a plan or program, as that plan or program existed on the date that the application was deemed complete and with any applicable zoning ordinance, as that zoning ordinance existed on the date that the application was deemed complete, except that a project shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the project site has not been rezoned to conform with a more recently adopted general plan. +(b) +Community-level +A community-level +environmental review has been adopted or certified. +(c) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees. +(d) The site of the project does not contain wetlands, does not have any value as a wildlife habitat, and the project does not harm any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or +protected +by the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and the project does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete. For the purposes of this subdivision, “wetlands” has the same meaning as in Section 328.3 of Title 33 of the Code of Federal Regulations and “wildlife habitat” means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. +(e) The site of the project is not included on any list of facilities and sites compiled pursuant to Section 65962.5 of the Government Code. +(f) The site of the project is subject to a preliminary endangerment assessment prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. +(1) If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements. +(2) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements. +(g) The project does not have a significant effect on historical resources pursuant to Section 21084.1. +(h) The project site is not subject to any of the following: +(1) A wildland fire hazard, as determined by the Department of Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard. +(2) An unusually high risk of fire or explosion from materials stored or used on nearby properties. +(3) Risk of a public health exposure at a level that would exceed the standards established by any state or federal agency. +(4) Within a delineated earthquake fault zone, as determined pursuant to Section 2622, or a seismic hazard zone, as determined pursuant to Section 2696, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake fault or seismic hazard zone. +(5) Landslide hazard, flood plain, flood way, or restriction zone, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood. +(i) (1) The project site is not located on developed open space. +(2) For the purposes of this subdivision, “developed open space” means land that meets all of the following criteria: +(A) Is publicly owned, or financed in whole or in part by public funds. +(B) Is generally open to, and available for use by, the public. +(C) Is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools, ballfields, enclosed child play areas, and picnic facilities. +(3) For the purposes of this subdivision, “developed open space” includes land that has been designated for acquisition by a public agency for developed open space, but does not include lands acquired by public funds dedicated to the acquisition of land for housing purposes.","The California Environmental Quality Act (CEQA) generally requires all state and local governmental lead agencies to prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on any discretionary project that they propose to carry out or approve that may result in a significant effect on the environment, that is, a substantial, or potentially substantial, adverse change in the physical conditions that exist within the area that will be affected by the project. Under existing law, a housing project qualifies for an exemption from CEQA if certain requirements are met, including the requirement that the site is not located within the boundaries of a state conservancy. +This bill would eliminate the requirement that the site not be located within the boundaries of a state conservancy.","An act to amend Section 21159.21 of the Public Resources Code, relating to the California Environmental Quality Act." +773,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1347.1 is added to the Penal Code, to read: +1347.1. +(a) In any criminal proceeding in which a defendant is charged with a violation of Section 236.1, upon written notice by the prosecutor made at least three days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled, or during the course of the proceeding on the court’s own motion, may order that the testimony of a minor 15 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes all of the following findings: +(1) The minor’s testimony will involve a recitation of the facts of an alleged offense of human trafficking, as defined in Section 236.1. +(2) (A) The impact on the minor of one or more of the factors enumerated in clauses (i) to (v), inclusive, is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness unless closed-circuit testimony is used. +(i) Testimony by the minor in the presence of the defendant would result in the minor suffering serious emotional distress so that the minor would be unavailable as a witness. +(ii) The defendant used a deadly weapon in the commission of the offense. +(iii) The defendant threatened serious bodily injury to the minor or the minor’s family, threatened incarceration or deportation of the minor or a member of the minor’s family, threatened removal of the minor from the minor’s family, or threatened the dissolution of the minor’s family in order to prevent or dissuade the minor from attending or giving testimony at any trial or court proceeding, or to prevent the minor from reporting the alleged sexual offense, or from assisting in criminal prosecution. +(iv) The defendant inflicted great bodily injury upon the minor in the commission of the offense. +(v) The defendant or his or her counsel behaved during the hearing or trial in a way that caused the minor to be unable to continue his or her testimony. +(B) In making the determination required by this paragraph, the court shall consider the age of the minor, the relationship between the minor and the defendant or defendants, any handicap or disability of the minor, and the nature of the acts charged. The minor’s refusal to testify shall not alone constitute sufficient evidence that the special procedure described in this section is necessary to obtain the minor’s testimony. +(3) The equipment available for use of closed-circuit television would accurately communicate the image and demeanor of the minor to the judge, jury, defendant or defendants, and attorneys. +(b) If the court orders the use of closed-circuit television, two-way closed-circuit television shall be used, except that if the impact on the minor of one or more of the factors enumerated in clauses (i) to (v), inclusive, of subparagraph (A) of paragraph (2) of subdivision (a), is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness even if two-way closed-circuit television is used, one-way closed-circuit television may be used. The prosecution shall give the defendant or defendants at least 30 days’ written notice of the prosecution’s intent to seek the use of one-way closed-circuit television, unless the prosecution shows good cause to the court why this 30-day notice requirement should not apply. +(c) (1) The hearing on a motion brought pursuant to this section shall be conducted out of the presence of the jury. +(2) Notwithstanding Section 804 of the Evidence Code or any other law, the court, in determining the merits of the motion, shall not compel the minor to testify at the hearing, nor shall the court deny the motion on the ground that the minor has not testified. +(3) In determining whether the impact on an individual minor of one or more of the five factors enumerated in clauses (i) to (v), inclusive, of subparagraph (A) of paragraph (2) of subdivision (a) is so substantial that the minor is unavailable as a witness unless two-way or one-way closed-circuit television is used, the court may question the minor in chambers, or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the support person, the prosecutor, and defense counsel present. The defendant or defendants shall not be present. The court shall conduct the questioning of the minor and shall not permit the prosecutor or defense counsel to examine the minor. The prosecutor and defense counsel shall be permitted to submit proposed questions to the court prior to the session in chambers. Defense counsel shall be afforded a reasonable opportunity to consult with the defendant or defendants prior to the conclusion of the session in chambers. +(d) When the court orders the testimony of a minor to be taken in another place outside of the courtroom, the court shall do all of the following: +(1) Make a brief statement on the record, outside of the presence of the jury, of the reasons in support of its order. While the statement need not include traditional findings of fact, the reasons shall be set forth with sufficient specificity to permit meaningful review and to demonstrate that discretion was exercised in a careful, reasonable, and equitable manner. +(2) Instruct the members of the jury that they are to draw no inferences from the use of closed-circuit television as a means of facilitating the testimony of the minor. +(3) Instruct respective counsel, outside of the presence of the jury, that they are to make no comment during the course of the trial on the use of closed-circuit television procedures. +(4) Instruct the support witness, outside of the presence of the jury, that he or she is not to coach, cue, or in any way influence or attempt to influence the testimony of the minor. +(5) Order that a complete record of the examination of the minor, including the images and voices of all persons who in any way participate in the examination, be made and preserved as a video recording in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending and shall be made available for viewing to the prosecuting attorney, the defendant or defendants, and his or her attorney during ordinary business hours. The video recording shall be destroyed after five years have elapsed from the date of entry of judgment. If an appeal is filed, the video recording shall not be destroyed until a final judgment on appeal has been ordered. A video recording that is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the witness. This subdivision does not affect the provisions of subdivision (b) of Section 868.7. +(e) When the court orders the testimony of a minor to be taken in another place outside the courtroom, only the minor, a support person designated pursuant to Section 868.5, a nonuniformed bailiff, any technicians necessary to operate the closed-circuit equipment, and, after consultation with the prosecution and the defense, a representative appointed by the court, shall be physically present for the testimony. A video recording device shall record the image of the minor and his or her testimony, and a separate video recording device shall record the image of the support person. +(f) When the court orders the testimony of a minor to be taken in another place outside the courtroom, the minor shall be brought into the judge’s chambers prior to the taking of his or her testimony to meet for a reasonable period of time with the judge, the prosecutor, and defense counsel. A support person for the minor shall also be present. This meeting shall be for the purpose of explaining the court process to the minor and to allow the attorneys an opportunity to establish rapport with the minor to facilitate later questioning by closed-circuit television. A participant shall not discuss the defendant or defendants or any of the facts of the case with the minor during this meeting. +(g) When the court orders the testimony of a minor to be taken in another place outside the courtroom, this section does not prohibit the court from ordering the minor to be brought into the courtroom for a limited purpose, including the identification of the defendant or defendants as the court deems necessary. +(h) The examination shall be under oath, and the defendant or defendants shall be able to see and hear the minor witness, and if two-way closed-circuit television is used, the defendant’s image shall be transmitted live to the witness. +(i) This section does not affect the disqualification of witnesses pursuant to Section 701 of the Evidence Code. +(j) The cost of examination by contemporaneous closed-circuit television ordered pursuant to this section shall be borne by the court out of its existing budget. +(k) This section shall not be construed to prohibit a defendant from being represented by counsel during any closed-circuit testimony.","Existing law authorizes a court in a criminal proceeding, upon written notice by the prosecutor made at least 3 days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled or during the course of the proceeding on the court’s own motion, to order that the testimony of a minor 13 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes specified findings. One of the findings required by existing law requires is that the minor’s testimony will involve a recitation of the facts of specified crimes, including an alleged violent felony of which the minor is a victim. +This bill would authorize, under specified conditions, a minor 15 years of age or younger to testify by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys if the testimony will involve the recitation of the facts of an alleged offense of human trafficking.","An act to add Section 1347.1 to the Penal Code, relating to criminal procedure." +774,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 10.7 (commencing with Section 4650) is added to Division 2 of the Business and Professions Code, to read: +CHAPTER 10.7. Music Therapy +4650. +This chapter shall be known, and may be cited, as the Music Therapy Act. +4651. +The Legislature finds and declares the following: +(a) Existing national certification of music therapist requires the therapist to have graduated with a bachelor’s degree or its equivalent, or higher, from a music therapy degree program approved by the American Music Therapy Association (AMTA), successful completion of a minimum of 1,200 hours of supervised clinical work through preinternship training at an approved degree program, and internship training through approved national roster or university affiliated internship programs, or an equivalent. +(b) Upon successful completion of the AMTA academic and clinical training requirements or its international equivalent, an individual is eligible to sit for the national board certification exam administered by the Certification Board for Music Therapists (CBMT), an independent, nonprofit corporation fully accredited by the National Commission for Certifying Agencies. +(c) The CBMT grants the Music Therapist-Board Certified (MT-BC) credential to music therapists who have demonstrated the knowledge, skills, and abilities for competence in the current practice of music therapy. The purpose of board certification in music therapy is to provide an objective national standard that can be used as a measure of professionalism and competence by interested agencies, groups, and individuals. +(d) The MT-BC is awarded by the CBMT to an individual upon successful completion of an academic and clinical training program approved by the AMTA or an international equivalent and successful completion of an objective written examination demonstrating current competency in the profession of music therapy. The CBMT administers this examination, which is based on a nationwide music therapy practice analysis that is reviewed and updated every five years to reflect current clinical practice. +(e) Once certified, a music therapist must adhere to the CBMT Code of Professional Practice and recertify every five years through either a program of continuing education or reexamination. +4652. +It is the intent of the Legislature that this chapter do the following: +(a) Provide a statutory definition of music therapy. +(b) Enable consumers and state and local agencies to more easily identify qualified music therapists. +4653. +As used in this chapter: +(a) “Music therapy” means the clinical and evidence-based use of music therapy interventions in developmental, rehabilitative, habilitative, medical, mental health, preventive, wellness care, or educational settings to address physical, emotional, cognitive, and social needs of individuals within a therapeutic relationship. Music therapy includes the following: +(1) The development of music therapy treatment plans specific to the needs and strengths of the client who may be seen individually or in groups. +(2) Music therapy plans shall establish goals, objectives, and potential strategies of the music therapy services appropriate for the client and setting. +(b) “Music therapy interventions” include, but are not limited to, music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, singing, music performance, learning through music, music combined with other arts, music-assisted relaxation, music-based patient education, electronic music technology, adapted music intervention, and movement to music. +4654. +An individual who provides music therapy shall not refer to himself or herself using the title of “Board Certified Music Therapist” unless the individual has completed all of the following: +(a) A bachelors degree or its equivalent, or higher, from a music therapy degree program approved by the American Music Therapy Association using current standards, beginning with those adopted on April 1, 2015. +(b) A minimum of 1,200 hours of supervised clinical work through preinternship training at an approved degree program and internship training through an approved national roster or university affiliated internship program, or the equivalent. +(c) The current requirements for certification, beginning with those adopted on April 1, 2015, established by the CBMT for the MT-BC credential. +4655. +This chapter shall not be construed to authorize a person engaged in music therapy to state or imply that he or she provides mental health counseling, psychotherapy, or occupational therapy for which a license is required under this division. While the use of music is not restricted to any profession, the use of music shall not imply or suggest that the person is a Board Certified Music Therapist, if he or she does not meet the criteria specified in Section 4654. +4656. +It is an unfair business practice within the meaning of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7, for a person to use the title “Board Certified Music Therapist” if he or she does not meet the requirements of Section 4654.","Existing law provides for the licensure and regulation of various healing arts practitioners by boards within the Department of Consumer Affairs. +Existing law defines “unfair competition” to mean and include any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Under existing law, a person who engages in unfair competition is liable for a civil penalty not to exceed $2,500 for each violation. +Existing law establishes the State Department of Public Health and sets forth its powers and duties over the regulation of health facilities and adult day health care centers, including, but not limited to, adopting regulations setting forth applicable staffing standards. Existing regulations of the department applicable to intermediate care facilities for the developmentally disabled and for adult day health care centers define “music therapist” as a person who has a bachelor’s degree in music therapy and who is registered or eligible for registration by the National Association for Music Therapy, now known as the American Music Therapy Association. +This bill would prohibit a person who provides music therapy, as defined, from using the title of “Board Certified Music Therapist” unless the person has completed specified education and clinical training requirements. The bill would also establish that it is an unfair business practice for a person to use the title “Board Certified Music Therapist” if he or she does not meet those requirements. The bill would prohibit its provisions from being construed to authorize a person engaged in music therapy to state or imply that he or she provides mental health counseling, psychotherapy, or occupational therapy for which a license is required and provide that use of music therapy shall not imply or suggest that the person is a Board Certified Music Therapist, if he or she does not meet specified criteria.","An act to add Chapter 10.7 (commencing with Section 4650) to Division 2 of the Business and Professions Code, relating to music therapy." +775,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Duplicative, unnecessary, and outdated regulations have negatively impacted economic growth and job creation. +(b) State, regional, and local governments are ill-equipped to provide a holistic view of the total impact of regulatory action from all levels of state and local government on specific industries and types of businesses. +(c) The establishment of the California Regulatory Reform Council will promote economic growth and job creation by providing the Legislature and Governor with varied, but relevant, experiences and viewpoints to analyze the holistic impact of all levels of state and local regulations on specific industries operating within the state. +SEC. 2. +Chapter 5.9 (commencing with Section 8490) is added to Division 1 of Title 2 of the Government Code, to read: +CHAPTER 5.9. California Regulatory Reform Council +8490. +There is in the state government the California Regulatory Reform Council, hereafter in this chapter referred to as the “council.” The council shall be composed of 13 members as follows: +(a) Five members appointed by the Governor, as follows: +(1) Two public members who reside in different regions of the state so that, collectively, these members represent a geographical balance of the state. +(2) One member with professional experience in economic modeling of public policies and economic development activities who resides in southern California. +(3) One member with professional experience in economic modeling of public policies and economic development activities who resides in northern California. +(4) One member who represents the business community. +(b) Two members appointed by the Senate Committee on Rules, as follows: +(1) One member of the public. +(2) One member who represents the business community. +(c) Two members appointed by the Speaker of the Assembly, as follows: +(1) One member of the public. +(2) One member who represents the business community. +(d) Two Members of the Senate appointed by the Senate Committee on Rules. These members shall serve at the pleasure of the appointing authority but shall not be registered with the same political party. If a member, while serving on the council, registers with the same political party as the other member, the Senate Committee on Rules shall replace one of the members with a new member who is not registered with the same political party as the remaining member. +(e) Two Members of the Assembly appointed by the Speaker of the Assembly. These members shall serve at the pleasure of the appointing authority but shall not be registered with the same political party. If a member, while serving on the council, registers with the same political party as the other member, the Speaker of the Assembly shall replace one of the members with a new member who is not registered with the same political party as the remaining member. +(f) The members appointed pursuant to subdivisions (a) to (c), inclusive, shall serve two-year terms and may be reappointed for additional terms. +(g) All vacancies in the council membership shall be filled in the same manner in which original appointments were made. +8490.5. +For the purposes of expenditures for the support of the council, including the expenses of the members of the council, the council shall be deemed to be within the executive branch of state government, but the council shall not be subject to the control or direction of any officer or employee of the executive branch except in connection with the appropriation of funds approved by the Legislature. +8490.10. +The members of the council shall serve without compensation, but shall be reimbursed for +all necessary +the travel +expenses actually incurred in +the performance of their duties. +attending meetings. Members of the Assembly or Senate shall not be reimbursed for travel expenses, except in the instance where those costs will not be paid by their respective Houses of the Legislature. +8490.15. +For the purposes of this chapter, the Members of the Legislature serving as members of the council shall be considered a joint committee of the two houses of the Legislature constituted and to be acting as an investigating committee, and as such shall have the powers and duties imposed on such committees by the Joint Rules of the Senate and Assembly. +8490.20. +(a) All members shall be appointed on or before March 1, 2016. +(b) The council shall hold its first meeting on or before April 1, 2016. +(c) The council shall select from among its members a chairperson and vice chairperson, who shall not be registered as members of the same political party. +8490.25. +Six members of the council shall constitute a quorum. +8490.30. +It is the purpose of the Legislature to establish a multibody council, composed of individuals with varied, but relevant, experiences and viewpoints to analyze the holistic impact of all levels of state and local regulations on specific industries operating within the state. +8490.35. +The council, on its own motion, may, for the purpose of making reports and recommendations to assist the Legislature and Governor in respect to the matters listed in Section 8490.30, examine in detail the structure, organization, operation, and impact of all levels of state and local regulations on specific industries operating within the state. The council may make recommendations to the Governor and to the Legislature as the council deems necessary. +8490.40. +(a) The council shall establish an Internet Web site. +(b) On or before January 1, 2017, and at least annually thereafter, the council shall post on its Internet Web site +a +all of the following: +(1) A +list of its ongoing +activities and its final reports. +activities. +(2) The agenda, list of individuals who testified, and background materials distributed by the council for each meeting. +(3) Copies of final reports prepared by the council or on behalf of the council. +(c) All materials required to be posted pursuant to subdivision (b) shall remain accessible from the Internet Web site until January 1, 2022. +8490.45. +This chapter shall remain in effect only until January 1, 2022, and as of that date is repealed.","Existing law establishes the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy in state government with a specified membership and independent state oversight duties. +This bill would establish, until January 1, 2022, the California Regulatory Reform Council, composed of 13 members appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly, as specified. +This bill would require 4 of the 13 members of the council to be Members of the Legislature who are to be considered a joint committee of the 2 houses of the Legislature constituted and acting as an investigating committee. +This bill would authorize the council, on its own motion, to make reports and recommendations to assist the Legislature and Governor in respect to the holistic impact of all levels of state and local regulations on specific industries operating within the state. This bill would deem the council to be within the executive branch of state government, but prohibit the council from being subject to the control or direction of any officer or employee of the executive branch, except in connection with the appropriation of funds approved by the Legislature. This bill would require the +council to, +council, +on or before January 1, 2017, and at least annually thereafter, to post on its Internet Web site a list of its ongoing +activities and its final reports. +activities, specified information regarding meetings, and copies of final reports. +This bill would make legislative findings in regards to these provisions.","An act to add and repeal Chapter 5.9 (commencing with Section 8490) of Division 1 of Title 2 of the Government Code, relating to state government." +776,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 31468 of the Government Code is amended to read: +31468. +(a) “District” means a district, formed under the laws of the state, located wholly or partially within the county other than a school district. +(b) “District” also includes any institution operated by two or more counties, in one of which there has been adopted an ordinance placing this chapter in operation. +(c) “District” also includes any organization or association authorized by Chapter 26 of the Statutes of 1935, as amended by Chapter 30 of the Statutes of 1941, or by Section 50024, which organization or association is maintained and supported entirely from funds derived from counties, and the board of any retirement system is authorized to receive the officers and employees of that organization or association into the retirement system managed by the board. +(d) “District” also includes, but is not limited to, any sanitary district formed under Part 1 (commencing with Section 6400) of Division 6 of the Health and Safety Code. +(e) “District” also includes any city, public authority, public agency, and any other political subdivision or public corporation formed or created under the constitution or laws of this state and located or having jurisdiction wholly or partially within the county. +(f) “District” also includes any nonprofit corporation or association conducting an agricultural fair for the county pursuant to a contract between the corporation or association and the board of supervisors under the authority of Section 25905. +(g) “District” also includes the Regents of the University of California, but with respect only to employees who were employees of a county in a county hospital, who became university employees pursuant to an agreement for transfer to the regents of a county hospital or of the obligation to provide professional medical services at a county hospital, and who under that agreement had the right and did elect to continue membership in the county’s retirement system established under this chapter. +(h) “District” also includes the South Coast Air Quality Management District, a new public agency created on February 1, 1977, pursuant to Chapter 5.5 (commencing with Section 40400) of Part 3 of Division 26 of the Health and Safety Code. +(1) Employees of the South Coast Air Quality Management District shall be deemed to be employees of a new public agency occupying new positions on February 1, 1977. On that date, those new positions are deemed not to have been covered by any retirement system. +(2) No retirement system coverage may be effected for an employee of the South Coast Air Quality Management District who commenced employment with the district during the period commencing on February 1, 1977, and ending on December 31, 1978, unless and until the employee shall have elected whether to become a member of the retirement association established in accordance with this chapter for employees of Los Angeles County or the retirement association established in accordance with this chapter for employees of San Bernardino County. The election shall occur before January 1, 1980. Any employee who fails to make the election provided for herein shall be deemed to have elected to become a member of the retirement association established in accordance with this chapter for the County of Los Angeles. +(3) The South Coast Air Quality Management District shall make application to the retirement associations established in accordance with this chapter for employees of Los Angeles County and San Bernardino County for coverage of employees of the South Coast Air Quality Management District. +(4) An employee of the South Coast Air Quality Management District who commenced employment with the district during the period commencing on February 1, 1977, and ending on December 31, 1978, and who has not terminated employment before January 1, 1980, shall be covered by the retirement association elected by the employee pursuant to paragraph (2). That coverage shall be effected no later than the first day of the first month following the date of the election provided for in paragraph (2). +(5) Each electing employee shall receive credit for all service with the South Coast Air Quality Management District. However, the elected retirement association may require, as a prerequisite to granting that credit, the payment of an appropriate sum of money or the transfer of funds from another retirement association in an amount determined by an enrolled actuary and approved by the elected retirement association’s board. The amount to be paid shall include all administrative and actuarial costs of making that determination. The amount to be paid shall be shared by the South Coast Air Quality Management District and the employee. The share to be paid by the employee shall be determined by good faith bargaining between the district and the recognized employee organization, but in no event shall the employee be required to contribute more than 25 percent of the total amount required to be paid. The elected retirement association’s board may not grant that credit for that prior service unless the request for that credit is made to, and the required payment deposited with, the elected retirement association’s board no earlier than January 1, 1980, and no later than June 30, 1980. The foregoing shall have no effect on any employee’s rights to reciprocal benefits under Article 15 (commencing with Section 31830). +(6) An employee of the South Coast Air Quality Management District who commenced employment with the district after December 31, 1978, shall be covered by the retirement association established in accordance with this chapter for employees of San Bernardino County. That coverage shall be effected as of the first day of the first month following the employee’s commencement date. +(7) Notwithstanding paragraphs (2) and (4) above, employees of the South Coast Air Quality Management District who were employed between February 1, 1977, and December 31, 1978, and who terminate their employment between February 1, 1977, and January 1, 1980, shall be deemed to be members of the retirement association established in accordance with this chapter for the employees of Los Angeles County commencing on the date of their employment with the South Coast Air Quality Management District. +(i) “District” also includes any nonprofit corporation that operates one or more museums within a county of the 15th class, as described by Sections 28020 and 28036 of the Government Code, as amended by Chapter 1204 of the Statutes of 1971, pursuant to a contract between the corporation and the board of supervisors of the county, and that has entered into an agreement with the board and the county setting forth the terms and conditions of the corporation’s inclusion in the county’s retirement system. +(j) “District” also includes any economic development association funded in whole or in part by a county of the 15th class, as described by Sections 28020 and 28036 of the Government Code, as amended by Chapter 1204 of the Statutes of 1971, and that has entered into an agreement with the board of supervisors and the county setting forth the terms and conditions of the association’s inclusion in the county’s retirement system. +(k) “District” also includes any special commission established in the Counties of Tulare and San Joaquin as described by Section 14087.31 of the Welfare and Institutions Code, pursuant to a contract between the special commission and the county setting forth the terms and conditions of the special commission’s inclusion in the county’s retirement system with the approval of the board of supervisors and the board of retirement. +(l) (1) “District” also includes the retirement system established under this chapter in Orange County. +(2) “District” also includes the retirement system established under this chapter in San Bernardino County at such time as the board of retirement, by resolution, makes this section applicable in that county. +(3) “District” also includes the retirement system established under this chapter in Contra Costa County. +(4) “District” also includes the retirement system established under this chapter in Ventura County. +(m) “District” also includes the Kern County Hospital Authority, a public agency that is a local unit of government established pursuant to Chapter 5.5 (commencing with Section 101852) of Part 4 of Division 101 of the Health and Safety Code. +SEC. 2. +Section 31522.10 is added to the Government Code, to read: +31522.10. +(a) In a county in which the board of retirement has appointed personnel pursuant to Section 31522.1, the board of retirement may appoint a retirement administrator, chief financial officer, chief operations officer, chief investment officer, and general counsel. +(b) Notwithstanding any other law, the personnel appointed pursuant to this section shall not be county employees but shall be employees of the retirement system, subject to terms and conditions of employment established by the board of retirement. Except as specifically provided in this subdivision, all other personnel shall be county employees for purposes of the county’s employee relations resolution, or equivalent local rules, and the terms and conditions of employment established by the board of supervisors for county employees, including those set forth in a memorandum of understanding. +(c) Except as otherwise provided by Sections 31529.9 and 31596.1, the compensation of personnel appointed pursuant to this section shall be an expense of administration of the retirement system, pursuant to Section 31580.2. +(d) The board of retirement and board of supervisors may enter into any agreements as may be necessary and appropriate to carry out the provisions of this section. +(e) Section 31522.2 is not applicable to a retirement system that elects to appoint personnel pursuant to this section. +(f) This section shall apply only to the retirement system established under this chapter in Ventura County at such time as the board of retirement, by resolution, makes this section applicable in that county. +SEC. 3. +Section 31557.3 of the Government Code is amended to read: +31557.3. +On the date a district, as defined in subdivision (l) of Section 31468, is included in the retirement system, any personnel appointed pursuant to Sections 31522.5, 31522.9, 31522.10, and 31529.9 who had previously been in county service shall continue to be members of the system without interruption in service or loss of credit. Thereafter, each person entering employment with the district shall become a member of the system on the first day of the calendar month following his or her entrance into service. +SEC. 4. +Section 31580.2 of the Government Code is amended to read: +31580.2. +(a) In counties in which the board of retirement, or the board of retirement and the board of investment, have appointed personnel pursuant to Section 31522.1, 31522.5, 31522.7, 31522.9, or 31522.10, the respective board or boards shall annually adopt a budget covering the entire expense of administration of the retirement system which expense shall be charged against the earnings of the retirement fund. The expense incurred in any year may not exceed the greater of either of the following: +(1) Twenty-one hundredths of 1 percent of the accrued actuarial liability of the retirement system. +(2) Two million dollars ($2,000,000), as adjusted annually by the amount of the annual cost-of-living adjustment computed in accordance with Article 16.5 (commencing with Section 31870). +(b) Expenditures for computer software, computer hardware, and computer technology consulting services in support of these computer products shall not be considered a cost of administration of the retirement system for purposes of this section.","Existing law, the County Employees Retirement Law of 1937, authorizes counties to establish retirement systems, as specified, in order to provide pension benefits to county, city, and district employees. Existing law defines a district for these purposes and includes specified county retirement systems within the definition. +This bill would include the retirement system established under these provisions in the County of Ventura within the definition of district. +The County Employees Retirement Law of 1937 also authorizes the board of retirement, in a county in which the board has appointed administrative, technical, and clerical staff personnel, to also appoint other administrators, managers, and legal counsel, as specified. These appointees are not classified as county employees and are therefor not subject to the civil service system, but are employees of the retirement system subject to the terms of employment determined by the board of retirement. +This bill would authorize the board of retirement of Ventura County to appoint a retirement administrator, chief financial officer, chief operations officer, chief investment officer, and general counsel. The bill would require these appointees to be employees of the retirement system, and not of the county, and subject to terms and conditions of employment established by the board of retirement. The bill would provide that the compensation of these appointees is an expense of the administration of the retirement system. The bill would grant the board of retirement and the board of supervisors authority to enter into agreements necessary to implement its provisions and would except the retirement system from specified requirements relating to retirement administrators. The bill would provide that these provisions apply to the Ventura County retirement system only upon adoption of a specified resolution by the board of retirement. The bill would make conforming changes.","An act to amend Sections 31468, 31557.3, and 31580.2 of, and to add Section 31522.10 to, the Government Code, relating to retirement." +777,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19130 of the Government Code is amended to read: +19130. +The purpose of this article is to establish standards for the use of personal services contracts. +(a) Personal services contracting is permissible to achieve cost savings when all the following conditions are met: +(1) The contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the state, provided that: +(A) In comparing costs, there shall be included the state’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. +(B) In comparing costs, there shall not be included the state’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed in state service. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. +(C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing state costs that would be directly associated with the contracted function. These continuing state costs shall include, but not be limited to, those for inspection, supervision, and monitoring. +(2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not significantly undercut state pay rates. +(3) The contract does not cause the displacement of civil service employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. +(4) The contract does not adversely affect the state’s affirmative action efforts. +(5) The savings shall be large enough to ensure that they will not be eliminated by private sector and state cost fluctuations that could normally be expected during the contracting period. +(6) The amount of savings clearly justify the size and duration of the contracting agreement. +(7) The contract is awarded through a publicized, competitive bidding process. +(8) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination, affirmative action standards. +(9) The potential for future economic risk to the state from potential contractor rate increases is minimal. +(10) The contract is with a firm. A “firm” means a corporation, partnership, nonprofit organization, or sole proprietorship. +(11) The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by state government. +(b) Except as provided in subdivision (d), personal services contracting also shall be permissible when any of the following conditions can be met: +(1) The functions contracted are exempted from civil service by Section 4 of Article VII of the California Constitution, which describes exempt appointments. +(2) The contract is for a new state function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. +(3) The services contracted are not available within civil service, cannot be performed satisfactorily by civil service employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the civil service system. +(4) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. +(5) The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of persons selected pursuant to the regular civil service system. Contracts are permissible under this criterion to protect against a conflict of interest or to insure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. +(6) The nature of the work is such that the Government Code standards for emergency appointments apply. These contracts shall conform with Article 8 (commencing with Section 19888) of Chapter 2.5 of Part 2.6. +(7) State agencies need private counsel because a conflict of interest on the part of the Attorney General’s office prevents it from representing the agency without compromising its position. These contracts shall require the written consent of the Attorney General, pursuant to Section 11040. +(8) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the state in the location where the services are to be performed. +(9) The contractor will conduct training courses for which appropriately qualified civil service instructors are not available, provided that permanent instructor positions in academies or similar settings shall be filled through civil service appointment. +(10) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under civil service would frustrate their very purpose. +(c) All persons who provide services to the state under conditions the board determines constitute an employment relationship shall, unless exempted from civil service by Section 4 of Article VII of the California Constitution, be retained under an appropriate civil service appointment. +(d) A personal services contract otherwise permitted pursuant to subdivision (b) is prohibited if it would cause the displacement of civil service employees. For the purposes of this subdivision, “displacement” includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location.","The California Constitution provides that the civil service includes every officer and employee in the state except as otherwise provided in the Constitution. Existing law, the State Civil Service Act, however, permits the use of personal services contracts by state agencies if specified conditions are met. In this regard, a state agency may use a personal service contract to achieve cost savings if, among other conditions, the contract does not cause the displacement, as defined, of civil service employees. Existing law also permits the use of personal services contracts in response to particular conditions, including during emergencies, if the contract is for a new state function and the Legislature has mandated or authorized the performance of work by independent contractors, or to protect against a conflict of interest, among others. +This bill would make the use of personal services contracts in response to particular conditions, as described above, conditional on the contract not causing the displacement, as defined, of civil service employees.","An act to amend Section 19130 of the Government Code, relating to civil service." +778,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 927.2 of the Government Code is amended to read: +927.2. +The following definitions apply to this chapter: +(a) “Claim schedule” means a schedule of payment requests prepared and submitted by a state agency to the Controller for payment to the named claimant. +(b) “Grant” means a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency. Any such grant is a contract and subject to this chapter. +(c) “Invoice” means a bill or claim that requests payment on a contract under which a state agency acquires property or services or pursuant to a signed final grant agreement. +(d) “Medi-Cal program” means the program established pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. +(e) “Nonprofit public benefit corporation” means a corporation, as defined by subdivision (b) of Section 5046 of the Corporations Code, that has registered with the Department of General Services as a small business. +(f) “Nonprofit service organization” means a nonprofit entity that is organized to provide services to the public. +(g) “Notice of refund or other payment due” means a state agency provides notice to the person that a refund or payment is owed to that person or the state agency receives notice from the person that a refund or undisputed payment is due. +(h) “Payment” means any form of the act of paying, including, but not limited to, the issuance of a warrant or a registered warrant by the Controller, or the issuance of a revolving fund check by a state agency, to a claimant in the amount of an undisputed invoice. +(i) “Reasonable cause” means a determination by a state agency that any of the following conditions are present: +(1) There is a discrepancy between the invoice or claimed amount and the provisions of the contract or grant. +(2) There is a discrepancy between the invoice or claimed amount and either the claimant’s actual delivery of property or services to the state or the state’s acceptance of those deliveries. +(3) Additional evidence supporting the validity of the invoice or claimed amount is required to be provided to the state agency by the claimant. +(4) The invoice has been improperly executed or needs to be corrected by the claimant. +(5) There is a discrepancy between the refund or other payment due as calculated by the person to whom the money is owed and by the state agency. +(j) “Received by a state agency” means the date an invoice is delivered to the state location or party specified in the contract or grant or, if a state location or party is not specified in the contract or grant, wherever otherwise specified by the state agency. +(k) “Required payment approval date” means the date on which payment is due as specified in a contract or grant or, if a specific date is not established by the contract or grant, 30 calendar days following the date upon which an undisputed invoice is received by a state agency. +(l) “Revolving fund” means a fund established pursuant to Article 5 (commencing with Section 16400) of Division 4 of Title 2. +(m) “Small business” means a business certified as a “small business” in accordance with subdivision (d) of Section 14837, including certified small businesses engaged in the development, design, and construction of California’s high-speed rail system pursuant to the California High-Speed Rail Act (Division 19.5 (commencing with Section 185000) of the Public Utilities Code). +(n) “Small business” and “nonprofit organization” mean, in reference to providers under the Medi-Cal program, a business or organization that meets all of the following criteria: +(1) The principal office is located in California. +(2) The officers, if any, are domiciled in California. +(3) If a small business, it is independently owned and operated. +(4) The business or organization is not dominant in its field of operation. +(5) Together with any affiliates, the business or organization has gross receipts from business operations that do not exceed +three +four +million dollars +($3,000,000) +($4,000,000) +per year, except that the Director of Health Services may increase this amount if the director deems that this action would be in furtherance of the intent of this chapter. +SECTION 1. +Section 927 of the +Government Code +is amended to read: +927. +(a)This chapter shall be known and may be cited as the California Prompt Payment Act. +(b)It is the intent of the Legislature that state agencies pay properly submitted, undisputed invoices, refunds, or other undisputed payments due to individuals within 45 days of receipt or notification thereof, or automatically calculate and pay the appropriate late payment penalties as specified in this chapter. +(c)Notwithstanding any other law, this chapter shall apply to all state agencies, including, but not limited to, the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Treasurer, and the Department of General Services.","The California Prompt Payment Act dictates that a state agency that fails to make a timely payment for goods or services acquired pursuant to a contract with a specified business or organization is subject to a late payment +penalty, and dictates that the act applies to all state agencies, including, but not limited to, the Public Employees’ Retirement System. +penalty. The act does not apply to claims for reimbursement for health care services provided under the Medi-Cal program, unless the Medi-Cal health care services provider is a small business or nonprofit organization. The act defines the terms “small business” and “nonprofit organization,” in reference to providers under the Medi-Cal program, to mean a business or organization that meets specified criteria, including that, except as specified, together with any affiliates, the business or organization has gross receipts from business operations that do not exceed $3,000,000 per year. +This bill would make a nonsubstantive change to this provision. +This bill would increase that gross receipts maximum to $4,000,000.","An act to amend Section +927 +927.2 +of the Government Code, relating to state government." +779,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 23363.1 of the Business and Professions Code is amended to read: +23363.1. +(a) A distilled spirits manufacturer’s license or a craft distiller’s license authorizes the licensee to conduct tastings of distilled spirits produced or bottled by, or produced or bottled for, the licensee, on or off the licensee’s premises. +(b) (1) Distilled spirits tastings may be conducted by the licensee off the licensee’s premises only for an event sponsored by a nonprofit organization. A distilled spirits manufacturer shall not sell or solicit sales of distilled spirits at an event. The sponsoring organization shall first obtain a permit from the department. +(2) For purposes of this subdivision, “nonprofit organization” does not include any community college or other institution of higher learning, as defined in the Education Code, nor does it include any officially recognized club, fraternity, or sorority, whether or not that entity is located on or off the institution’s campus. +(c) Tastings on the licensee’s premises shall be subject to the following conditions: +(1) The total volume of tastings of distilled spirits shall not exceed one and one-half ounces per individual per day. +(2) Tastings shall only include the products that are authorized to be produced or bottled by or for the licensee. +(3) A person under 21 years of age shall not serve tastes of distilled spirits. +(d) Notwithstanding Section 25600, the licensee may provide distilled spirits without charge for any tastings conducted pursuant to this section. The licensee may charge for tastings conducted by the licensee on its licensed premises. +(e) This section shall not relieve the holder of a distilled spirits manufacturer’s license of any civil or criminal liability arising out of a violation of Section 25602. +SEC. 2. +Article 6 (commencing with Section 23500) is added to Chapter 3 of Division 9 of the Business and Professions Code, to read: +Article 6. Craft Distiller’s Licenses +23500. +This act shall be known, and may be referenced as, the Craft Distillers Act of 2015. +23501. +The Legislature hereby finds and declares all of the following: +(a) The regulation and licensing of the sale of alcoholic beverages in this state has operated for over 80 years under what is commonly referred to as the “three-tier system,” which generally prohibits vertical integration within the distilled spirits industry. This system has helped in protecting against undue marketing influences within the distilled spirits industry and assisted the goals of promoting temperance and reasonable regulation of the sale of distilled spirits within the state. In addition, this system has helped create thousands of jobs and billions of dollars in economic development within California. +(b) Small craft distillers have begun to operate in this state, and these craft distillers have begun to increase employment and provide jobs and economic development in various locations within the state. +(c) It is the intent of the Legislature, in enacting this act, to encourage the development of the craft distilling industry within the state by enacting various limited exemptions to the general provisions of the three-tier system, while also continuing to uphold and support the three-tier system as the appropriate mechanism for regulating and licensing the sale of distilled spirits in California. +23502. +(a) The department may issue a craft distiller’s license to a person that has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of distilled spirits. The craft distiller’s license authorizes the licensee to do all of the following: +(1) Manufacture distilled spirits. A licensed craft distiller may manufacture up to 100,000 gallons of distilled spirits per fiscal year (July 1 through June 30), excluding brandy the craft distiller manufactures or has manufactured for them pursuant to a brandy manufacturer license, as reported to the department in the manner prescribed by the department for the fiscal year prior to the date of submitting an application for the license. +(2) Package, rectify, mix, flavor, color, label, and export only those distilled spirits manufactured by the licensee. +(3) Only sell distilled spirits that are manufactured and packaged by the licensee solely to a wholesaler, manufacturer, winegrower, manufacturer’s agent, or rectifier that holds a license authorizing the sale of distilled spirits or to persons that take delivery of those distilled spirits within this state for delivery or use without the state. +(4) Deal in warehouse receipts. +(b) A craft distiller’s license shall not be issued to any person, any officer, director, employee, or agent of such person, or any person who is affiliated with, directly or indirectly, a person that manufactures or has manufactured for them more than 100,000 gallons of distilled spirits per year within or without the state, excluding brandy it manufactures or has manufactured for them pursuant to a brandy manufacturer license, or to any person that is affiliated with, directly or indirectly, a wholesaler. +(c) (1) The fee for an original craft distiller’s license issued pursuant to this section shall be consistent with the distilled spirits manufacturer’s license and shall be adjusted pursuant to subdivisions (b) and (c) of Section 23320. +(2) The annual license fee for a craft distiller’s license shall be consistent with the distilled spirits manufacturer’s license and shall be adjusted pursuant to subdivisions (b) and (c) of Section 23320. +(3) All moneys collected as fees pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. +(d) A licensed craft distiller shall report to the department, at the time of renewal in the manner prescribed by the department, the amount of distilled spirits manufactured, excluding brandy manufactured by or for the licensee pursuant to a brandy manufacturer license, during the previous fiscal year. If the report to the department establishes that the licensee no longer qualifies to hold a craft distiller’s license, the department shall renew the license as a distilled spirits manufacturer’s license. +23504. +Notwithstanding any other provision, a licensed craft distiller may sell up to the equivalent of 2.25 liters in any combination of prepackaged containers per day per consumer of distilled spirits manufactured by the licensee at its premises to a consumer attending an instructional tasting conducted by the licensee on its licensed premises pursuant to subdivision (c) of Section 23363.1. +23506. +(a) Notwithstanding any other provision of this division, a licensed craft distiller or one or more of its direct or indirect subsidiaries of which the licensed craft distiller owns not less than a 51-percent interest, who manufactures or produces, bottles, processes, imports, or sells distilled spirits under a craft distiller’s license or any other license issued pursuant to this division, or any officer or director of, or any person holding any interest in, those persons may serve as an officer or director of, and may hold the ownership of any interest or any financial or representative relationship in, any on-sale license, or the business conducted under that license, provided that, except in the case of a holder of on-sale general licenses for airplanes and duplicate on-sale general licenses for air common carriers, all of the following conditions are met: +(1) The on-sale licensee purchases all alcoholic beverages sold and served only from California wholesale licensees. +(2) The number of distilled spirits items by brand offered for sale by the on-sale licensee that are manufactured, produced, bottled, processed, imported, or sold by the licensed craft distiller or by the subsidiary of which the licensed craft distiller owns not less than 51 percent, or by any officer or director of, or by any person holding any interest in, those persons does not exceed 15 percent of the total distilled spirits items by brand listed and offered for sale by the on-sale licensee selling and serving that distilled spirit. Notwithstanding paragraph (1), distilled spirits sold pursuant to this provision may be purchased from a California licensed craft distiller so long as the distilled spirits purchased are produced or bottled by, or produced and packaged for, the same licensed craft distiller that holds an interest in the on-sale license and such direct sales do not involve more than two on-sale licenses in which the licensed craft distiller or any person holding an interest in the licensed craft distiller holds any interest, directly or indirectly, either individually or in combination or together with each other in the aggregate. +(3) None of the persons specified in this section may have any of the interests specified in this section in more than two on-sale licenses. +(b) Notwithstanding any other provision of this division, a licensed craft distiller that has an interest in one or more on-sale retail licenses pursuant to this section may continue to hold that interest in the event the licensee no longer qualifies as a craft distiller, provided that the interest was first obtained at a time when the licensee did hold a craft distiller’s license pursuant to Section 23502. +(c) A craft distiller licensee may sell all beers, wines, brandies, or distilled spirits to consumers for consumption on the premises in a bona fide eating place as defined in Section 23038, which is located on the licensed premises or on premises owned by the licensee that are contiguous licensed premises and which is operated by and for the licensee, provided that any alcoholic beverage products not manufactured or produced by the licensee must be purchased from a licensed wholesaler. Beer, wine, and brandy may be used in the preparation of food and beverages in the bona fide public eating place for consumption on the premises. +23508. +(a) A licensed craft distiller may also have upon its licensed premises all beers, wines, and distilled spirits, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not manufactured or produced and bottled by, or manufactured or produced and packaged for, the licensed craft distiller shall be purchased by the licensed craft distiller only from a licensed wholesaler. +(b) Notwithstanding any other provision of this division, in the event that the licensee no longer qualifies as a craft distiller due to the amount of distilled spirits reported pursuant to Section 23502, the licensee may continue to hold the privileges granted by this section. +SEC. 3. +Section 23771 of the Business and Professions Code is amended to read: +23771. +A distilled spirits license of any kind, except a distilled spirits manufacturer’s, a craft distiller’s, or a distilled spirits manufacturer’s agent’s license, shall not be issued to any person, or to any officer, director, employee, or agent of any person that manufactures distilled spirits within or without this state. +SEC. 4. +Section 23772 of the Business and Professions Code is amended to read: +23772. +(a) A distilled spirits manufacturer’s or distilled spirits manufacturer’s agent’s license shall not be held by any person that holds any ownership or interest, directly or indirectly, by stock ownership, interlocking directors, trusteeship, loan, mortgage, or lien on any personal or real property, or otherwise, in any craft distiller’s, distilled spirits wholesaler’s, rectifier’s, or retailer’s license. +(b) The provisions of this section shall not apply to the financial or representative relationship between a manufacturer, winegrower, manufacturer’s agent, rectifier, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of that person, and a person holding only one of the following types of licenses: +(1) On-sale general license for a bona fide club. +(2) Club license (issued under Article 4 (commencing at Section 23425) of Chapter 3). +(3) Veterans’ club license (issued under Article 5 (commencing at Section 23450) of Chapter 3). +(4) On-sale license for boats, trains, sleeping cars, or airplanes where the alcoholic beverages produced or sold by the manufacturer, winegrower, manufacturer’s agent, rectifier, bottler, importer, or wholesaler or any officer, director, or agent of that person are not sold, furnished, or given, directly or indirectly, to the on-sale licensee.","The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Existing law provides for various annual fees for the issuance of alcoholic beverage licenses, depending upon the type of license issued. +This bill, the Craft Distillers Act of 2015, would authorize the department to issue a craft distiller’s license to manufacture distilled spirits, subject to specified conditions, including that the licensee manufacture no more than 100,000 gallons of distilled spirits per fiscal year, excluding brandy the craft distiller manufactures or has manufactured for them. The bill would allow the craft distiller’s licensee to sell distilled spirits to specified consumers, to own interests in on-sale retail licenses, and to sell beer, wines, brandies, and distilled spirits to consumers for consumption on the premises of a bona fide eating place, as provided. The bill would impose an original fee and an annual renewal fee for the license, which would be deposited in the Alcohol Beverage Control Fund. +The Alcoholic Beverage Control Act authorizes a licensed distilled spirits manufacturer to conduct tastings of distilled spirits produced or bottled by, or produced or bottled for, the licensee, on the licensed premises, under specified conditions, including that tasting not be given in the form of a cocktail or mixed drink. +This bill would extend that authorization to a licensed craft distiller and would revise the tasting conditions by allowing a tasting to be given in the form of a cocktail or mixed drink. +Existing law prohibits a distilled spirits manufacturer’s or distilled spirits manufacturer’s agent’s license from being held by a person that holds any ownership or interest in any distilled spirits wholesaler’s, rectifier’s, or retailer’s license, as specified. +This bill would additionally prohibit a distilled spirits manufacturer’s or distilled spirits manufacturer’s agent’s license from being held by a person that holds any ownership or interest in a craft distiller’s license.","An act to amend Sections 23363.1, 23771, and 23772 of, and to add Article 6 (commencing with Section 23500) to Chapter 3 of Division 9 of, the Business and Professions Code, relating to alcoholic beverages." +780,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 9114 of the Elections Code is amended to read: +9114. +Except as provided in Section 9115, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall examine the petition, and from the records of registration ascertain whether or not the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition. +In determining the number of valid signatures, the elections official may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law. +The elections official shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition. +If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date. +If the petition is found sufficient, the elections official shall immediately place the initiative measure that is the subject of the petition on the election ballot for which it qualifies pursuant to Section 1405, and certify the results of the examination to the board of supervisors at the next regular meeting of the board. If more than one election date is legally available, the elections official shall place the measure on the ballot for the earliest legally possible date unless the board of supervisors by resolution chooses a different legally possible date pursuant to Section 9116, 9118, 9214, 9215, 9310, or 9311. The measure shall not be removed from the ballot on which it has been placed under the procedures set forth above unless the elections official is notified in writing that the board of supervisors has adopted the measure without alteration, or the elections official is ordered to remove the measure via writ of mandate or injunction issued by a court of competent jurisdiction. +SEC. 2. +Section 9115 of the Elections Code is amended to read: +9115. +(a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9114 shows that more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn so that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500, or 3 percent of the signatures, whichever is greater. +(b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall, within 60 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, examine and verify the signatures filed. If the elections official determines, prior to completing the examination of each signature filed, that the petition is signed by the requisite number of qualified voters to declare the petition sufficient, the elections official may terminate the verification of the remaining unverified signatures. +(c) In determining from the records of registration, what number of valid signatures are signed on the petition, the elections official may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law. +(d) The elections official shall attach to the petition a certificate showing the result of this examination and shall notify the proponents of either the sufficiency or insufficiency of the petition. +(e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect. +(f) If the petition is found to be sufficient, the elections official shall immediately place the initiative measure that is the subject of the petition on the election ballot for which it qualifies pursuant to Section 1405, and certify the results of the examination to the board of supervisors at the next regular meeting of the board. If more than one election date is legally available, the elections official shall place the measure on the ballot for the earliest legally possible date unless the board of supervisors by resolution chooses a different legally possible date pursuant to Section 9116, 9118, 9214, 9215, 9310, or 9311. The measure shall not be removed from the ballot on which it has been placed under the procedures set forth above unless the elections official is notified in writing that the board of supervisors has adopted the measure without alteration, or the elections official is ordered to remove the measure via writ of mandate or injunction issued by a court of competent jurisdiction. +SEC. 3. +Section 9211 of the Elections Code is amended to read: +9211. +After the petition has been filed, as herein provided, the elections official shall examine +and act on +the petition in the same manner as are county petitions in accordance with Sections 9114 and 9115, except that for the purposes of this section, references to the board of supervisors shall be treated as references to the legislative body of the city. +SEC. 3. +SEC. 4. +Section 9308 of the Elections Code is amended to read: +9308. +Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays and holidays, the district elections official shall examine +and act on +the petition in the same manner as are county petitions in accordance with Sections 9114 and 9115, except that for purposes of this section, references to the board of supervisors shall be treated as references to the legislative body of the district. +SEC. 4. +SEC. 5. +Section 9309 of the Elections Code is repealed. +SEC. 5. +SEC. 6. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law authorizes any person who meets specified requirements to circulate an initiative petition to be presented to the voters at a municipal, county, or special district election. Existing law requires the elections official to examine the petitions, and from the records of registration ascertain whether or not the petition is signed by the requisite number of voters. If the petition is found sufficient, the elections official is required to certify the results of the examination to the appropriate legislative body. +This bill would additionally require the elections official to immediately place the initiative measure on the election ballot for which it qualifies if the official finds the petition to be sufficient. If more than one election date is legally possible, the official would be required to place the measure on the ballot for the earliest legally possible date, unless as specified. The bill would apply this procedure to municipal, county, and district initiative measures, including city and city and county charter proposals, and to municipal referendum measures. The bill also would make a technical change. +By imposing new requirements on local elections officials, the bill would create a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 9114, 9115, +9211, +and 9308 of, and to repeal Section 9309 of, the Elections Code, relating to elections." +781,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14714 of the Welfare and Institutions Code is amended to read: +14714. +(a) (1) Except as otherwise specified in this chapter, a contract entered into pursuant to this chapter shall include a provision that the mental health plan contractor shall bear the financial risk for the cost of providing medically necessary specialty mental health services to Medi-Cal beneficiaries. +(2) If the mental health plan is not administered by a county, the mental health plan shall not transfer the obligation for any specialty mental health services to Medi-Cal beneficiaries to the county. The mental health plan may purchase services from the county. The mental health plan shall establish mutually agreed-upon protocols with the county that clearly establish conditions under which beneficiaries may obtain non-Medi-Cal reimbursable services from the county. Additionally, the plan shall establish mutually agreed-upon protocols with the county for the conditions of transfer of beneficiaries who have lost Medi-Cal eligibility to the county for care under Part 2 (commencing with Section 5600), Part 3 (commencing with Section 5800), and Part 4 (commencing with Section 5850) of Division 5. +(3) The mental health plan shall be financially responsible for ensuring access and a minimum required scope of benefits and services, consistent with state and federal requirements, to Medi-Cal beneficiaries who are residents of that county regardless of where the beneficiary resides, except as provided for in Section 14717.1. The department shall require that the same definition of medical necessity be used, and the minimum scope of benefits offered by each mental health plan be the same, except to the extent that prior federal approval is received and is consistent with state and federal laws. +(b) (1) Any contract entered into pursuant to this chapter may be renewed if the mental health plan continues to meet the requirements of this chapter, regulations promulgated pursuant to this chapter, and the terms and conditions of the contract. Failure to meet these requirements shall be cause for nonrenewal of the contract. The department may base the decision to renew on timely completion of a mutually agreed-upon plan of correction of any deficiencies, submissions of required information in a timely manner, or other conditions of the contract. +(2) In the event the contract is not renewed based on the reasons specified in paragraph (1), the department shall notify the Department of Finance, the fiscal and policy committees of the Legislature, and the Controller of the amounts to be sequestered from the Mental Health Subaccount, the Mental Health Equity Account, and the Vehicle License Fee Collection Account of the Local Revenue Fund and the Mental Health Account and the Behavioral Health Subaccount of the Local Revenue Fund 2011, and the Controller shall sequester those funds in the Behavioral Health Subaccount pursuant to Section 30027.10 of thetion and notification to affected beneficiaries. The plan may request a hearing by the Office of Administrative Hearings and Appeals. +(e) A mental health plan may terminate its contract in accordance with the provisions in the contract. The mental health plan shall provide written notice to the department at least 180 days prior to the termination or nonrenewal of the contract. +(f) Upon the request of the director, the Director of the Department of Managed Health Care may exempt a mental health plan from the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). These exemptions may be subject to conditions the director deems appropriate. Nothing in this chapter shall be construed to impair or diminish the authority of the Director of the Department of Managed Health Care under the Knox-Keene Health Care Service Plan Act of 1975, nor shall anything in this chapter be construed to reduce or otherwise limit the obligation of a mental health plan contractor licensed as a health care service plan to comply with the requirements of the Knox-Keene Health Care Service Plan Act of 1975, and the rules of the Director of the Department of Managed Health Care promulgated under the Knox-Keene Health Care Service Plan Act of 1975. The director, in consultation with the Director of the Department of Managed Health Care, shall analyze the appropriateness of licensure or application of applicable standards of the Knox-Keene Health Care Service Plan Act of 1975. +(g) The department shall provide oversight to the mental health plans to ensure quality, access, cost efficiency, and compliance with data and reporting requirements. At a minimum, the department shall, through a method independent of any agency of the mental health plan contractor, monitor the level and quality of services provided, expenditures pursuant to the contract, and conformity with federal and state law. +(h) County employees implementing or administering a mental health plan act in a discretionary capacity when they determine whether or not to admit a person for care or to provide any level of care pursuant to this chapter. +(i) If a county discontinues operations as the mental health plan, the department shall approve any new mental health plan. The new mental health plan shall give reasonable consideration to affiliation with nonprofit community mental health agencies that were under contract with the county and that meet the mental health plan’s quality and cost efficiency standards. +(j) Nothing in this chapter shall be construed to modify, alter, or increase the obligations of counties as otherwise limited and defined in Chapter 3 (commencing with Section 5700) of Part 2 of Division 5. The county’s maximum obligation for services to persons not eligible for Medi-Cal shall be no more than the amount of funds remaining in the mental health subaccount pursuant to Sections 17600, 17601, 17604, 17605, and 17609 after fulfilling the Medi-Cal contract obligations. +SEC. 2. +Section 14717.1 is added to the Welfare and Institutions Code, to read: +14717.1. +(a) (1) It is the intent of the Legislature to ensure that foster children who are placed outside of their county of original jurisdiction are able to access specialty mental health services in a timely manner, consistent with their individual strengths and needs and the requirements of federal Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services. +(2) It is the further intent of the Legislature to overcome any barriers to care that may result when responsibility for providing or arranging for specialty mental health services to foster children who are placed outside of their county of original jurisdiction is retained by the county of original jurisdiction. +(b) In order to facilitate the receipt of medically necessary specialty mental health services by a foster child who is placed outside of his or her county of original jurisdiction, the California Health and Human Services Agency shall coordinate with the department and the State Department of Social Services to take all of the following actions on or before July 1, 2017: +(1) The department shall issue policy guidance concerning the conditions for and exceptions to presumptive transfer, as described in subdivisions (c) and (d), in consultation with the State Department of Social Services and with the input of stakeholders that include the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, provider representatives, and family and youth advocates. +(2) Policy guidance concerning the conditions for and exceptions to presumptive transfer shall ensure that: +(A) The transfer of responsibility improves access to specialty mental health care services consistent with the mental health needs of the foster youth. +(B) Presumptive transfer does not disrupt the continuity of care. +(C) Conditions and exceptions are applied consistently statewide giving due consideration to the varying capabilities of small, medium, and large counties. +(D) Presumptive transfer can be waived only with an individualized determination that an exception applies. +(E) A party to the case who disagrees with the presumptive transfer individualized exception determination made by the county placing agency pursuant to subdivision (d) is afforded an opportunity to request judicial review prior to a transfer or exception being finalized. +(F) There is a procedure for expedited transfer within 48 hours of placement of the child outside of the county of original jurisdiction. +(c) “Presumptive transfer,” for the purposes of this section, means that absent any exceptions as established pursuant to this section, responsibility for providing or arranging for specialty mental health services shall promptly transfer from the county of original jurisdiction to the county in which the foster child resides, under either of the following conditions: +(1) A foster child is placed in a county other than the county of original jurisdiction on or after July 1, 2017. +(2) A foster youth who resides in a county other than the county of original jurisdiction after June 30, 2017, and is not receiving specialty mental health services consistent with his or her mental health needs, requests transfer of responsibility. A foster child who resided in a county other than the county of original jurisdiction after June 30, 2017, and who continues to reside outside the county of original jurisdiction after December 31, 2017, shall have jurisdiction transferred no later than the child’s first regularly scheduled status review hearing conducted pursuant to Section 366 in the 2018 calendar year unless an exception described under subdivision (d) applies. +(d) (1) On a case-by-case basis, and when consistent with the medical rights of children in foster care, presumptive transfer may be waived and the responsibility for the provision of specialty mental health services shall remain with the county of original jurisdiction if any of the exceptions described in paragraph (5) exist. +(2) A request for waiver in a manner established by the department may be made by the foster child, the person or agency that is responsible for making mental health care decisions on behalf of the foster child, the county probation agency or the child welfare services agency with responsibility for the care and placement of the child, or any other interested party who owes a legal duty to the child involving the child’s health or welfare, as defined by the department. +(3) The county probation agency or the child welfare services agency with responsibility for the care and placement of the child, in consultation with the child and his or her parent, the child and family team if one exists, and other professionals who serve the child as appropriate, is responsible for determining whether waiver of the presumptive transfer is appropriate pursuant to the conditions and exceptions established under this section. The person who requested the exception, along with any other parties to the case, shall receive notice of the county agency’s determination. +(4) The individual who requested the exception or any other party to the case who disagrees with the determination made by the county agency pursuant to paragraph (3) may request judicial review prior to the county’s determination becoming final. The court may set the matter for hearing and may confirm or deny the transfer of jurisdiction or application of an exception based on the best interest of the child. +(5) Presumptive transfer may be waived under any of the following exceptions: +(A) It is determined that the transfer would disrupt continuity of care or delay access to services provided to the foster child. +(B) It is determined that the transfer would interfere with family reunification efforts documented in the individual case plan. +(C) The foster child’s placement in a county other than the county of original jurisdiction is expected to last less than six months. +(D) The foster child’s residence is within 30 minutes of travel time to his or her established specialty mental health care provider in the county of original jurisdiction. +(6) A waiver processed based on an exception to presumptive transfer shall be contingent upon the mental health plan in the county of original jurisdiction demonstrating an existing contract with a specialty mental health care provider, or the ability to enter into a contract within 30 days of the waiver decision, and the ability to deliver timely specialty mental health services directly to the foster child. That information shall be documented in the child’s case plan. +(7) A request for waiver, the exceptions claimed as the basis for the request, a determination whether a waiver is determined to be appropriate under this section, and any objections to the determination shall be documented in the foster child’s case plan pursuant to Section 16501.1. +(e) If the mental health plan in the county of original jurisdiction has completed an assessment of needed services for the foster child, the mental health plan in the county in which the foster child resides shall accept that assessment. The mental health plan in the county in which the foster child resides may conduct additional assessments if the foster child’s needs change or an updated assessment is needed to determine the child’s needs and identify the needed treatment and services to address those needs. +(f) Upon presumptive transfer, the mental health plan in the county in which the foster child resides shall assume responsibility for the authorization and provision of specialty mental health services and payments for services. The foster child transferred to the mental health plan in the county in which the foster child resides shall be considered part of the county of residence caseload for claiming purposes from the Behavioral Health Subaccount and the Behavioral Health Services Growth Special Account, both created pursuant to Section 30025 of the Government Code. +(g) The State Department of Social Services and the State Department of Health Care Services shall adopt regulations by July 1, 2019, to implement this section. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services and the State Department of Health Care Services may implement and administer the changes made by this legislation through all-county letters, information notices, or similar written instructions until regulations are adopted. +(h) If the department determines it is necessary, it shall seek approval from the United States Department of Health and Human Services, federal Centers for Medicare and Medicaid Services (CMS) prior to implementing this section. +(i) If the department makes the determination that it is necessary to seek CMS approval pursuant to subdivision (h), the department shall make an official request for approval from CMS no later than January 1, 2017. +(j) This section shall be implemented only if and to the extent that federal financial participation under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396, et seq.) is available and all necessary federal approvals have been obtained. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law provides that specialty mental health services and Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) for any individual under 21 years of age are covered under Medi-Cal, consistent with the requirements of federal law. Federal law defines EPSDT to include screening services, vision services, dental services, hearing services, and other necessary services to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not the services are covered under the state plan. Existing law provides that specialty mental health services include EPSDT services provided to eligible Medi-Cal beneficiaries under 21 years of age. +Existing law requires each local mental health plan to establish a procedure to ensure access to outpatient specialty mental health services, as required by the EPSDT program standards, for children in foster care who have been placed outside their county of adjudication. Existing law includes standardized contracts, procedures, documents, and forms, to facilitate the receipt of medically necessary specialty mental health services by a foster child who is placed outside his or her county of original jurisdiction. +This bill would declare the intent of the Legislature to ensure that foster children who are placed outside of their county of original jurisdiction, are able to access mental health services in a timely manner consistent with their individualized strengths and needs and the requirements of EPSDT program standards and requirements. The bill would require the department to issue policy guidance that establishes the conditions for and exceptions to presumptive transfer of responsibility for providing or arranging for mental health services to a foster child from the county of original jurisdiction to the county in which the foster child resides, as prescribed. The bill would define presumptive transfer for these purposes. The bill would authorize any interested party who owes a legal duty to the child involving the child’s health or welfare to seek a waiver of presumptive transfer and would provide that the county probation agency or child welfare services agency with responsibility for the care and placement of the child is responsible for determining whether presumptive transfer is appropriate under specified conditions, including when a determination is made that the transfer of mental health services would disrupt continuity of care or timely access to services, as specified. The bill would require the mental health plan in the host county to assume responsibility for the authorization and provision of mental health services, and payments for services, upon the presumptive transfer. By increasing the responsibilities of county probation agencies or child welfare services agencies with respect to determining whether presumptive transfer is appropriate, the bill would impose a state-mandated local program. +This bill would require the department to seek approval from the United States Department of Health and Human Services, federal Centers for Medicare and Medicaid Services (CMS) prior to implementing these provisions if the department determines that approval is necessary. The bill would authorize the department and the State Department of Social Services to adopt regulations to implement these provisions by July 1, 2019, as specified. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 14714 of, and to add Section 14717.1 to, the Welfare and Institutions Code, relating to Medi-Cal." +782,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 5 (commencing with Section 400) is added to Division 0.5 of the Elections Code, to read: +CHAPTER 5. State Preclearance +400. +For purposes of this chapter, the following terms have the following meanings: +(a) “Citizen” means a citizen of the United States. +(b) “Citizen voting-age population” means the population of citizens who are 18 years of age or older within a political subdivision, as calculated by the United States Census Bureau in the most recent federal decennial census. +(c) “Covered political subdivision” means a political subdivision with two or more racial or ethnic groups that each represent at least 20 percent of the citizen voting-age population in the political subdivision. +(d) “Electoral jurisdiction” means a geographic area within which reside the voters who are qualified to vote for an elective office. +(e) “Multilingual voting materials” means registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, provided in the language of one or more language minority groups. +(f) “Political subdivision” means a geographic area of representation created for the provision of government services, including, but not limited to, a city, a school district, a community college district, or other district organized pursuant to state law. +(g) “Protected class” means a class of voters who are members of a race, color, or language minority group, as this class is referenced and defined in the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). +(h) “Voting locations” means places for casting a ballot. +401. +To ensure that the right of citizens who reside in California to vote is not denied or abridged on account of race, color, or language minority status through the enforcement of a voting-related law, regulation, or policy that is enacted or administered after the enactment date of this chapter, the following voting-related laws, regulations, and policies shall be subject to this chapter: +(a) A change to an at-large method of election that adds offices elected at-large or converts offices elected by single-member districts to one or more at-large or multimember districts. +(b) A change to the boundaries of an electoral jurisdiction, or a series of changes within a year to the boundaries of an electoral jurisdiction, that reduces the proportion of the citizen voting-age population that are members of a single protected class by 5 or more percent. +(c) A change through redistricting that alters the boundaries of districts within an electoral jurisdiction in which a single protected class has experienced a population increase of at least 25,000 residents or at least 20 percent of the citizen voting-age population of the protected class over the preceding decade, as determined by the five-year estimates of the United States Census American Community Survey. +(d) A change to multilingual voting materials that reduces the voting materials available in languages other than English, or that alters the manner in which the materials are provided or distributed, if no similar reduction or alteration occurred in materials provided in English. +402. +(a) If a covered political subdivision enacts or seeks to administer a voting-related law, regulation, or policy described in Section 401 that is different from that in force or effect on the date this chapter is enacted, the governing body of the covered political subdivision shall submit the law, regulation, or policy to the Secretary of State for approval. The law, regulation, or policy shall not take effect or be administered in the covered political subdivision until the law, regulation, or policy is approved by the Secretary of State. +(b) The Secretary of State shall provide a written decision to the governing body of the covered political subdivision within 60 days of a request to enact or administer a voting-related law, regulation, or policy described in Section 401. If the Secretary of State fails to provide a written decision within 60 days, the governing body of the covered political subdivision may implement the law, regulation, or policy. The governing body of the covered political subdivision may make a written request for an expedited review of a law, regulation, or policy if the covered political subdivision has a demonstrated need to implement the proposed change before the end of the 60-day review period. The written request shall describe the basis for the request in light of conditions in the covered political subdivision and shall specify the date by which a decision is needed. The Secretary of State shall attempt to accommodate a reasonable request. +(c) The governing body of the covered political subdivision shall have the burden of establishing, by objective and compelling evidence, that the law, regulation, or policy satisfies both of the following: +(1) Is not likely to result in a discriminatory effect on the participation of voters from a protected class that constitutes at least 20 percent of the covered political subdivision’s citizen voting-age population. +(2) Is not motivated in whole or substantially in part by an intent to reduce the participation of voters from a protected class. +(d) If the Secretary of State denies a request to enact or administer a law, regulation, or policy, the governing body of the covered political subdivision may seek review of the decision by means of an action filed in superior court. +(e) The Secretary of State may file suit to enjoin the governing body of a covered political subdivision from implementing a law, regulation, or policy in violation of this section. +(f) Venue for an action filed pursuant to subdivision (d) or (e) shall lie exclusively in the Superior Court for the County of Sacramento. +(g) Notwithstanding any other law, a covered political subdivision may enact or administer a voting-related law, regulation, or policy described in Section 401 that is different from that in force or effect on the date this chapter is enacted if doing so is necessary because of an unexpected circumstance that occurred during the 30 days immediately preceding an election, in which case the covered political subdivision may enact or administer the law, regulation, or policy only for purposes of that election. After the election, the covered political subdivision shall immediately submit the law, regulation, or policy to the Secretary of State for approval pursuant to this section. +403. +(a) The Attorney General, or a registered voter who resides in a covered political subdivision where the change to a voting-related law, regulation, or policy occurred, may file an action in superior court to compel the covered political subdivision to satisfy the obligations set forth in this chapter. +(b) In an action brought pursuant to this section, a court shall provide as a remedy that the voting-related law, regulation, or policy be enjoined unless the court determines that the law, regulation, or policy is not subject to this chapter or has been approved by the procedures established in Section 402. +404. +For purposes of this chapter, any data provided by the United States Census Bureau, whether based on enumeration or statistical sampling, shall not be subject to challenge or review by any court. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the federal Voting Rights Act of 1965, provides that a change in voting procedures may not take effect in a state or political subdivision that is covered by the preclearance requirements of the federal act until the change is approved by a specified federal authority. A state or political subdivision is covered by the preclearance requirements of the federal act if it maintained a specified test or device as a prerequisite to voting, and had low voter registration or turnout, in the 1960s and early 1970s. The federal act allows a state or political subdivision covered by the act to obtain an exemption from the preclearance requirements if it satisfies specified criteria. The United States Supreme Court has held that the coverage formula of the federal act is unconstitutional and may not be used as a basis for requiring a jurisdiction to subject a proposed change in voting procedures to federal preclearance. Before that holding, the Counties of Kings, Monterey, and Yuba were covered jurisdictions subject to the federal preclearance requirements. +This bill would establish a state preclearance system. Under this system, if a covered political subdivision, as defined, enacts or seeks to administer a voting-related law, regulation, or policy, as specified, that is different from that in force or effect on the date this act is enacted, the governing body of the covered political subdivision would be required to submit the law, regulation, or policy to the Secretary of State for approval. The bill would require the Secretary of State to approve the law, regulation, or policy only if specified conditions are met. The bill would provide that the law, regulation, or policy will not take effect or be administered in the covered political subdivision until the law, regulation, or policy is approved by the Secretary of State, except as specified. The bill would allow the governing body of the covered political subdivision to seek review of the Secretary of State’s decision by means of an action filed in the Superior Court of Sacramento. +By requiring local governments to seek approval of the Secretary of State for changes to voting procedures, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Chapter 5 (commencing with Section 400) to Division 0.5 of the Elections Code, relating to elections." +783,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 65961 of the Government Code is amended to read: +65961. +Notwithstanding any other provision of law, except as provided in subdivisions (e) and (f), upon approval or conditional approval of a tentative map for a subdivision of single- or multiple-family residential units, or upon recordation of a parcel map for such a subdivision for which no tentative map was required, during the five-year period following recordation of the final map or parcel map for the subdivision, a city, county, or city and county shall not require as a condition to the issuance of any building permit or equivalent permit for such single- or multiple-family residential units, conformance with or the performance of any conditions that the city or county could have lawfully imposed as a condition to the previously approved tentative or parcel map. Nor shall a city, county, or city and county withhold or refuse to issue a building permit or equivalent permit for failure to conform with or perform any conditions that the city, county, or city and county could have lawfully imposed as a condition to the previously approved tentative or parcel map. However, the provisions of this section shall not prohibit a city, county, or city and county from doing any of the following: +(a) Imposing conditions or requirements upon the issuance of a building permit or equivalent permit which could have been lawfully imposed as a condition to the approval of a tentative or parcel map if the local agency finds it necessary to impose the condition or requirement for any of the following reasons: +(1) A failure to do so would place the residents of the subdivision or of the immediate community, or both, in a condition perilous to their health or safety, or both. +(2) The condition is required in order to comply with state or federal law. +(b) Withholding or refusing to issue a building permit or equivalent permit if the local agency finds it is required to do so in order to comply with state or federal law. +(c) Assuring compliance with the applicable zoning ordinance. +(d) This section shall also apply to a city or city and county which incorporates on or after January 1, 1985, and which includes within its boundaries any areas included in the tentative or parcel map described in this section. +When the incorporation includes areas included in the tentative or parcel map described in this section, “a condition that the city could have lawfully imposed as a condition to the previously approved tentative or parcel map,” as used in this section, refers to conditions the county could have imposed had there been no incorporation. +(e) For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, or 66452.25, the five-year period described in this section shall be three years. +(f) For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, or 66452.25, this section does not prohibit a city, county, or city and county from levying a fee or imposing a condition that requires the payment of a fee in the amount in effect upon the issuance of a building permit, including an adopted fee that is not included within an applicable zoning ordinance, upon the issuance of a building permit, including, but not limited to, a fee defined in Section 66000. +SEC. 2. +Section 66452.25 is added to the Government Code, to read: +66452.25. +(a) If the map was approved within a county described in subdivision (c), the expiration date of a tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map, as the case may be, that was approved on or after January 1, 2002, and not later than July 11, 2013, and that has not expired on or before the effective date of the act that added this section, shall be extended by 24 months. +(b) If the map was approved or conditionally approved within a county described in subdivision (c), upon application of the subdivider filed at least 90 days prior to the expiration of the approved or conditionally approved tentative map or vesting tentative map, or parcel map for which the tentative map or vesting tentative map, as the case may be, that was approved on or before December 31, 2001, the time at which the map expires shall be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps, for a period of 24 months upon a determination that the map is consistent with the applicable zoning and general plan requirements in effect when the application is filed. If the map is determined not to be consistent with applicable zoning and general plan requirements in effect when the application is filed, the legislative body or advisory agency may deny or conditionally approve an extension for a period of 24 months. Prior to the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs last. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. +(c) This section shall apply within a county when the following conditions within the county are met: +(1) The annual mean household income within the county is less than 80 percent of the statewide annual mean income, as determined by the most recent annual report of the federal American Community Survey 5-year Estimates, based upon the American Community Survey Design and Methodology publication (Version 2.0, January 2014) published by the United States Census Bureau. +(2) The annual nonseasonal unemployment rate is at least 2.75 percent higher than the statewide annual nonseasonal unemployment rate, as defined by the report on Labor Market Review published by the Employment Development Department in January of the year in which the community revitalization plan is prepared. +(3) The population for whom poverty status is determined is at least 4 percent higher than the statewide median poverty rate, as determined by the most recent annual report of the American Community Survey 5-year Estimates, based upon the American Community Survey Design and Methodology publication (Version 2.0, January 2014). +(d) The extension provided by subdivisions (a) and (b) shall be in addition to any extension of the expiration date provided for in Section 66452.6, 66452.11, 66452.13, 66452.21, 66452.22, 66452.23, 66452.24, or 66463.5. +(e) Any legislative, administrative, or other approval by any state agency that pertains to a development project included in a map that is extended pursuant to subdivisions (a) and (b) shall be extended by 24 months if this approval has not expired on or before the effective date of the act that added this section. This extension shall be in addition to any extension provided for in Sections 66452.13, 66452.21, 66452.22, 66452.23, and 66452.24. +(f) The provisions of Section 65961 relating to conditions that may be imposed upon or after a building permit for a subdivision of single- or multiple-family residential units or a parcel map for a subdivision for which no tentative map was required, are modified as set forth in subdivisions (e) and (f) of Section 65961 for tentative maps extended pursuant to this section. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to permit cities, counties, and cities and counties to preserve development applications that are set to expire and that cannot be processed presently due to prevailing adverse economic conditions in the construction industry, it is necessary that this act take effect immediately.","(1) The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency, and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period. The act requires an approved tentative map or vesting tentative map to expire 24 months after its approval, or after an additional period of time prescribed by local ordinance, not to exceed 12 months. However, the act extends the expiration date of certain approved tentative maps and vesting tentative maps, as specified. +This bill would extend by 24 months the expiration date of any approved tentative map or vesting tentative map that was approved on or after January 1, 2002, and not later than July 11, 2013, within a county that meets certain criteria, except as specified. The bill would additionally require the extension of an approved or conditionally approved tentative map or vesting tentative map, or parcel map for which a tentative map or vesting tentative map was approved on or before December 31, 2001, upon application by the subdivider at least 90 days prior to the expiration of the map, as specified. By adding to the procedures that local agency officials must follow, this bill would impose a state-mandated local program. +(2) The Permit Streamlining Act prohibits a local agency, after its approval of a tentative map for a subdivision of single- or multiple-family residential units, from requiring conformance with, or the performance of, any conditions that the local agency could have lawfully imposed as a condition to the previously approved tentative or parcel map, as a condition to the issuance of any building permit or equivalent permit upon approval of that subdivision, during a 5-year period following the recordation of the final map or parcel map for that subdivision. The act also prohibits a local agency from refusing to issue a building permit or equivalent permit for a subdivider’s failure to conform with or perform those conditions. However, the act also provides that this 5-year period is a 3-year period for a tentative map extended pursuant to a specified provision of law, and the local agency is not prohibited from levying a fee, or imposing a condition that requires the payment of a fee upon the issuance of a building permit, with respect to the underlying units. +This bill would provide that a tentative map extended pursuant to its provisions is also subject to the truncated 3-year period described above, and that the local agency is not prohibited from levying a fee, as specified, or imposing a condition that requires the payment of a fee upon the issuance of a building permit, with respect to the underlying units. By adding to the procedures that local agency officials must follow, this bill would impose a state-mandated local program. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +(4) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 65961 of, and to add Section 66452.25 to, the Government Code, relating to land use, and declaring the urgency thereof, to take effect immediately." +784,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 786 of the Penal Code is amended to read: +786. +(a) If property taken in one jurisdictional territory by burglary, carjacking, robbery, theft, or embezzlement has been brought into another, or when property is received in one jurisdictional territory with the knowledge that it has been stolen or embezzled and the property was stolen or embezzled in another jurisdictional territory, the jurisdiction of the offense is in any competent court within either jurisdictional territory, or any contiguous jurisdictional territory if the arrest is made within the contiguous territory, the prosecution secures on the record the defendant’s knowing, voluntary, and intelligent waiver of the right of vicinage, and the defendant is charged with one or more property crimes in the arresting territory. +(b) (1) The jurisdiction of a criminal action for unauthorized use, retention, or transfer of personal identifying information, as defined in subdivision (b) of Section 530.55, shall also include the county where the theft of the personal identifying information occurred, the county in which the victim resided at the time the offense was committed, or the county where the information was used for an illegal purpose. If multiple offenses of unauthorized use of personal identifying information, either all involving the same defendant or defendants and the same personal identifying information belonging to the one person, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions is a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying identity theft offense or identity theft offenses. +(2) When charges alleging multiple offenses of unauthorized use of personal identifying information occurring in multiple territorial jurisdictions are filed in one county pursuant to this section, the court shall hold a hearing to consider whether the matter should proceed in the county of filing, or whether one or more counts should be severed. The district attorney filing the complaint shall present evidence to the court that the district attorney in each county where any of the charges could have been filed has agreed that the matter should proceed in the county of filing. In determining whether all counts in the complaint should be joined in one county for prosecution, the court shall consider the location and complexity of the likely evidence, where the majority of the offenses occurred, whether or not the offenses involved substantially similar activity or the same scheme, the rights of the defendant and the people, and the convenience of, or hardship to, the victim and witnesses. +(3) When an action for unauthorized use, retention, or transfer of personal identifying information is filed in the county in which the victim resided at the time the offense was committed, and no other basis for the jurisdiction applies, the court, upon its own motion or the motion of the defendant, shall hold a hearing to determine whether the county of the victim’s residence is the proper venue for trial of the case. In ruling on the matter, the court shall consider the rights of the parties, the access of the parties to evidence, the convenience to witnesses, and the interests of justice. +(c) (1) The jurisdiction of a criminal action for conduct specified in paragraph (4) of subdivision (j) of Section 647 shall also include the county in which the offense occurred, the county in which the victim resided at the time the offense was committed, or the county in which the intimate image was used for an illegal purpose. If multiple offenses of unauthorized distribution of an intimate image, either all involving the same defendant or defendants and the same intimate image belonging to the one person, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions is a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying unauthorized distribution of an intimate image. +(2) When charges alleging multiple offenses of unauthorized distribution of an intimate image occurring in multiple territorial jurisdictions are filed in one county pursuant to this section, the court shall hold a hearing to consider whether the matter should proceed in the county of filing, or whether one or more counts should be severed. The district attorney filing the complaint shall present evidence to the court that the district attorney in each county where any of the charges could have been filed has agreed that the matter should proceed in the county of filing. In determining whether all counts in the complaint should be joined in one county for prosecution, the court shall consider the location and complexity of the likely evidence, where the majority of the offenses occurred, whether the offenses involved substantially similar activity or the same scheme, the rights of the defendant and the people, and the convenience of, or hardship to, the victim and witnesses. +(3) When an action for unauthorized distribution of an intimate image is filed in the county in which the victim resided at the time the offense was committed, and no other basis for the jurisdiction applies, the court, upon its own motion or the motion of the defendant, shall hold a hearing to determine whether the county of the victim's residence is the proper venue for trial of the case. In ruling on the matter, the court shall consider the rights of the parties, the access of the parties to evidence, the convenience to witnesses, and the interests of justice. +(d) This section does not alter victims’ rights under Section 530.6. +SEC. 2. +Section 1524.3 of the Penal Code is amended to read: +1524.3. +(a) A provider of electronic communication service or remote computing service, as used in Chapter 121 (commencing with Section 2701) of Title 18 of the United States Code, shall disclose to a governmental prosecuting or investigating agency the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of that service, the types of services the subscriber or customer utilized, and the contents of communication originated by or addressed to the service provider when the governmental entity is granted a search warrant pursuant to paragraph (7) of subdivision (a) of Section 1524. +(b) The search warrant shall be limited to only that information necessary to achieve the objective of the warrant, including by specifying the target individuals or accounts, the applications or services, the types of information, and the time periods covered, as appropriate. +(c) Information obtained through the execution of a search warrant pursuant to this section that is unrelated to the objective of the warrant shall be sealed and not be subject to further review without an order from the court. +(d) (1) A governmental entity receiving subscriber records or information under this section shall provide notice to a subscriber or customer upon receipt of the requested records. The notification may be delayed by the court, in increments of 90 days, upon a showing that there is reason to believe that notification of the existence of the search warrant may have an adverse result. +(2) An “adverse result” for purposes of paragraph (1) means any of the following: +(A) Endangering the life or physical safety of an individual. +(B) Flight from prosecution. +(C) Tampering or destruction of evidence. +(D) Intimidation of a potential witness. +(E) Otherwise seriously jeopardizing an investigation or unduly delaying a trial. +(e) Upon the expiration of the period of delay for the notification, the governmental entity shall, by regular mail or email, provide a copy of the process or request and a notice, to the subscriber or customer. The notice shall accomplish all of the following: +(1) State the nature of the law enforcement inquiry with reasonable specificity. +(2) Inform the subscriber or customer that information maintained for the subscriber or customer by the service provider named in the process or request was supplied to or requested by the governmental entity, and the date upon which the information was supplied, and the request was made. +(3) Inform the subscriber or customer that notification to the subscriber or customer was delayed, and which court issued the order pursuant to which the notification was delayed. +(4) Provide a copy of the written inventory of the property that was taken that was provided to the court pursuant to Section 1537. +(f) A court issuing a search warrant pursuant to paragraph (7) of subdivision (a) of Section 1524, on a motion made promptly by the service provider, may quash or modify the warrant if the information or records requested are unusually voluminous in nature or compliance with the warrant otherwise would cause an undue burden on the provider. +(g) A provider of wire or electronic communication services or a remote computing service, upon the request of a peace officer, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a search warrant or a request in writing and an affidavit declaring an intent to file a warrant to the provider. Records shall be retained for a period of 90 days, which shall be extended for an additional 90-day period upon a renewed request by the peace officer. +(h) No cause of action shall be brought against any provider, its officers, employees, or agents for providing information, facilities, or assistance in good faith compliance with a search warrant.","Existing law makes it a misdemeanor to look through a hole or opening, into, or to view, by means of any instrumentality, the interior of an area in which an occupant has a reasonable expectation of privacy with the intent to invade the privacy of that person. Existing law makes it a misdemeanor to record another person under or through the clothing worn by that person, without the consent or knowledge of the person, under circumstances in which the person has a reasonable expectation of privacy. Existing law makes it a misdemeanor to secretly record another person in a state of full or partial undress without the consent or knowledge of that person, in an area in which that person has a reasonable expectation of privacy. Existing law makes it a misdemeanor to intentionally distribute an image of the intimate body part or parts of another person, or an image of the person depicted engaging in specified sexual acts, under circumstances in which the persons agree or understand that the image remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. +Existing law establishes the proper jurisdictions of a criminal action for unauthorized use, retention, or transfer of personal identifying information to include the county where the theft occurred, the county in which the victim resided at the time of the offense, or the county where the information was used for an illegal purpose. +This bill would apply those jurisdictional provisions to the misdemeanors described above. +Existing law details procedures for a governmental entity to gather specified records from a provider of electronic communication service or a remote computing service by search warrant. Existing law specifies that no notice is required to be given to a subscriber or customer by a governmental entity receiving records pursuant to these procedures. +This bill would additionally authorize a governmental entity to use those procedures to gather the contents of communications between the subscriber and the service provider. The bill would require a search warrant used under those procedures to be limited to only that information necessary to achieve the objective of the warrant, as specified. The bill would require information obtained through the execution of a search warrant pursuant that is unrelated to the objective of the warrant to be sealed and not be subject to further review without an order from the court. The bill would require the governmental entity to provide a specified notice to the customer or subscriber upon receipt of the requested records. The bill would authorize a delay of that notice in 90-day increments if there is reason to believe notification would may have an adverse effect, as defined.","An act to amend Sections 786 and 1524.3 of the Penal Code, relating to disorderly conduct." +785,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 201.3 of the Labor Code is amended to read: +201.3. +(a) For purposes of this section, the following definitions apply: +(1) “Temporary services employer” means an employing unit that contracts with clients or customers to supply workers to perform services for the clients or customers and that performs all of the following functions: +(A) Negotiates with clients and customers for matters such as the time and place where the services are to be provided, the type of work, the working conditions, and the quality and price of the services. +(B) Determines assignments or reassignments of workers, even if workers retain the right to refuse specific assignments. +(C) Retains the authority to assign or reassign a worker to another client or customer when the worker is determined unacceptable by a specific client or customer. +(D) Assigns or reassigns workers to perform services for clients or customers. +(E) Sets the rate of pay of workers, whether or not through negotiation. +(F) Pays workers from its own account or accounts. +(G) Retains the right to hire and terminate workers. +(2) “Temporary services employer” does not include any of the following: +(A) A bona fide nonprofit organization that provides temporary service employees to clients. +(B) A farm labor contractor, as defined in subdivision (b) of Section 1682. +(C) A garment manufacturing employer, which, for purposes of this section, has the same meaning as “contractor,” as defined in subdivision (d) of Section 2671. +(3) “Employing unit” has the same meaning as defined in Section 135 of the Unemployment Insurance Code. +(4) “Client” and “customer” means the person with whom a temporary services employer has a contractual relationship to provide the services of one or more individuals employed by the temporary services employer. +(b) (1) (A) Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer is assigned to work for a client, that employee’s wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any calendar week shall be due and payable not later than the regular payday of the following calendar week. A temporary services employer shall be deemed to have timely paid wages upon completion of an assignment if wages are paid in compliance with this subdivision. +(B) Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer in the security services industry is a security guard who is registered pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, is employed by a private patrol operator licensed pursuant to that chapter, and is assigned to work for a client, that employee’s wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any workweek, as defined under Section 500, shall be due and payable not later than the regular payday of the following workweek. +(2) If an employee of a temporary services employer is assigned to work for a client on a day-to-day basis, that employee’s wages are due and payable at the end of each day, regardless of when the assignment ends, if each of the following occurs: +(A) The employee reports to or assembles at the office of the temporary services employer or other location. +(B) The employee is dispatched to a client’s worksite each day and returns to or reports to the office of the temporary services employer or other location upon completion of the assignment. +(C) The employee’s work is not executive, administrative, or professional, as defined in the wage orders of the Industrial Welfare Commission, and is not clerical. +(3) If an employee of a temporary services employer is assigned to work for a client engaged in a trade dispute, that employee’s wages are due and payable at the end of each day, regardless of when the assignment ends. +(4) If an employee of a temporary services employer is assigned to work for a client and is discharged by the temporary services employer or leasing employer, wages are due and payable as provided in Section 201. +(5) If an employee of a temporary services employer is assigned to work for a client and quits his or her employment with the temporary services employer, wages are due and payable as provided in Section 202. +(6) If an employee of a temporary services employer is assigned to work for a client for over 90 consecutive calendar days, this section shall not apply unless the temporary services employer pays the employee weekly in compliance with paragraph (1) of subdivision (b). +(c) A temporary services employer who violates this section shall be subject to the civil penalties provided for in Section 203, and to any other penalties available at law. +(d) Nothing in this section shall be interpreted to limit any rights or remedies otherwise available under state or federal law. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to prevent confusion over pay periods for temporary employees who provide important security services that protect persons and property in this state at the earliest possible time, it is necessary that this act take effect immediately.","Existing law generally requires that an employee of a temporary services employer, as defined, be paid weekly. Existing law provides that a violation of these provisions is punishable as a misdemeanor. +This bill would, with certain exceptions, make the weekly pay requirement applicable to a security guard employed by a private patrol operator who is a temporary services employer, as provided. +By expanding the scope of a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 201.3 of the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately." +786,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2699.3 of the Labor Code is amended to read: +2699.3. +(a) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision listed in Section 2699.5 shall commence only after the following requirements have been met: +(1) (A) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. +(B) The employer may cure the alleged violation according to the procedures described in paragraph (2) of subdivision (c). If the alleged violation is not cured within the 33-day period prescribed in paragraph (2) of subdivision (c), in lieu of commencing a civil action, the employee or representative shall notify by certified mail the Labor and Workforce Development Agency and the employer of the failure to cure or, if the employee disputes that the alleged violation has been cured, the employee or representative shall provide notice pursuant to the procedures of subparagraph (A) of paragraph (3) of subdivision (c). +(2) (A) The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 30 calendar days of the postmark date of the notice received pursuant to subparagraph (B) of paragraph (1). Upon receipt of that notice or if no notice is provided within 33 calendar days of the postmark date of the notice given pursuant to subparagraph (B) of paragraph (1), the aggrieved employee may commence a civil action pursuant to Section 2699. +(B) If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 33 calendar days of the postmark date of the notice received pursuant to subparagraph (B) of paragraph (1). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee or representative of that decision within five business days thereof by certified mail. Upon receipt of that notice or if no citation is issued by the agency within +that +the +158-day period prescribed by this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699. +(C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part. +(b) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall commence only after the following requirements have been met: +(1) (A) The aggrieved employee or representative shall give notice by certified mail to the Division of Occupational Safety and Health and the employer, with a copy to the Labor and Workforce Development Agency, of the specific provisions of Division 5 (commencing with Section 6300) alleged to have been violated, including the facts and theories to support the alleged violation. +(B) The employer may cure the alleged violation according to the procedures described in paragraph (2) of subdivision (c). If the alleged violation is not cured within the 33-day period prescribed in paragraph (2) of subdivision (c), in lieu of commencing a civil action, the employee or representative shall notify by certified mail the Division of Occupational Safety and Health and the employer, with a copy to the Labor and Workforce Development Agency, of the failure to cure or, if the employee disputes that the alleged violation has been cured, the employee or representative shall provide notice pursuant to the procedures of subparagraph (A) of paragraph (3) of subdivision (c). +(2) (A) The division shall inspect or investigate the alleged violation pursuant to the procedures specified in Division 5 (commencing with Section 6300). +(i) If the division issues a citation, the employee may not commence an action pursuant to Section 2699. The division shall notify the aggrieved employee or representative and employer in writing within 14 calendar days of certifying that the employer has corrected the violation. +(ii) If by the end of the period for inspection or investigation provided for in Section 6317, the division fails to issue a citation and the aggrieved employee disputes that decision, the employee may challenge that decision in the superior court. In such an action, the superior court shall follow precedents of the Occupational Safety and Health Appeals Board. If the court finds that the division should have issued a citation and orders the division to issue a citation, then the aggrieved employee may not commence a civil action pursuant to Section 2699. +(iii) A complaint in superior court alleging a violation of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall include therewith a copy of the notices provided to the division and employer pursuant to subparagraphs (A) and (B) of paragraph (1). +(iv) The superior court shall not dismiss the action for nonmaterial differences in facts or theories between those contained in the notices provided to the division and employer pursuant to subparagraphs (A) and (B) of paragraph (1) and the complaint filed with the court. +(B) If the division fails to inspect or investigate the alleged violation as provided by Section 6309, the aggrieved employee may commence a civil action pursuant to Section 2699. +(3) (A) Nothing in this subdivision shall be construed to alter the authority of the division to permit long-term abatement periods or to enter into memoranda of understanding or joint agreements with employers in the case of long-term abatement issues. +(B) Nothing in this subdivision shall be construed to authorize an employee to file a notice or to commence a civil action pursuant to Section 2699 during the period that an employer has voluntarily entered into consultation with the division to ameliorate a condition in that particular worksite. +(C) An employer who has been provided notice pursuant to this section may not then enter into consultation with the division in order to avoid an action under this section. +(4) The superior court shall review and approve any proposed settlement of alleged violations of the provisions of Division 5 (commencing with Section 6300) to ensure that the settlement provisions are at least as effective as the protections or remedies provided by state and federal law or regulation for the alleged violation. The provisions of the settlement relating to health and safety laws shall be submitted to the division at the same time that they are submitted to the court. This requirement shall be construed to authorize and permit the division to comment on those settlement provisions, and the court shall grant the division’s commentary the appropriate weight. +(c) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision other than those listed in Section 2699.5 or Division 5 (commencing with Section 6300) shall commence only after the following requirements have been met: +(1) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. +(2) (A) The employer may cure the alleged violation within 33 calendar days of the postmark date of the notice. The employer shall give written notice by certified mail within that period of time to the aggrieved employee or representative and the agency if the alleged violation is cured, including a description of actions taken, and no civil action pursuant to Section 2699 may commence. If the alleged violation is not cured within the 33-day period, the employee may commence a civil action pursuant to Section 2699. +(B) (i) Subject to the limitation in clause (ii), no employer may avail himself or herself of the notice and cure provisions of this subdivision more than three times in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite. +(ii) No employer may avail himself or herself of the notice and cure provisions of this subdivision with respect to alleged violations of paragraph (6) or (8) of subdivision (a) of Section 226 more than once in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite. +(3) (A) If the aggrieved employee disputes that the alleged violation has been cured, the aggrieved employee or representative shall provide written notice by certified mail, including specified grounds to support that dispute, to the employer and the agency. +(B) Within 17 calendar days of the postmark date of that notice, the agency shall review the actions taken by the employer to cure the alleged violation, and provide written notice of its decision by certified mail to the aggrieved employee or representative and the employer. The agency may grant the employer three additional business days to cure the alleged violation. If the agency determines that the alleged violation has not been cured or if the agency fails to provide timely or any notification, the employee may proceed with the civil action pursuant to Section 2699. If the agency determines that the alleged violation has been cured, but the employee still disagrees, the employee may appeal that determination to the superior court. +(d) The periods specified in this section are not counted as part of the time limited for the commencement of the civil action to recover penalties under this part. +SEC. 2. +The sum of one million four hundred thousand dollars ($1,400,000) is hereby appropriated from the General Fund to the Department of Industrial Relations for deposit into the Labor and Workforce Development Fund for the purpose of establishing nine new positions at the Department of Industrial Relations to review and investigate cases under the Labor Code Private Attorneys General Act of 2004.","Existing law, the Labor Code Private Attorneys General Act of 2004, authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act provides the employer with the right to cure certain violations before the employee may bring a civil action, as specified. For other violations, the act requires the employee to follow specified procedures before bringing an action. +This bill would provide the employer with the right to cure any violation of the Labor Code covered by the act before the employee may bring a civil action. That right to cure would be provided before, and in addition to, any other specified procedures the employee is required to follow prior to bringing an action. +Existing law establishes the Department of Industrial Relations within the agency and sets forth its powers and duties, including, but not limited to, fostering, promoting, and developing the welfare of wage earnings. +This bill would appropriate $1,400,000 to the department for deposit into the Labor and Workforce Development Fund for the purpose of establishing 9 new positions to review and investigate private attorneys general cases under the act.","An act to amend Section 2699.3 of the Labor Code, relating to employment, and making an appropriation therefor." +787,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14005.7 of the Welfare and Institutions Code is amended to read: +14005.7. +(a) Medically needy persons and medically needy family persons are entitled to health care services under Section 14005 providing all eligibility criteria established pursuant to this chapter are met. +(b) Except as otherwise provided in this chapter or in Title XIX of the federal Social Security Act, no medically needy family person, medically needy person or state-only Medi-Cal persons shall be entitled to receive health care services pursuant to Section 14005 during any month in which his or her share of cost has not been met. +(c) In the case of a medically needy person, monthly income, as determined, defined, counted, and valued, in accordance with Title XIX of the federal Social Security Act, in excess of the amount required for maintenance established pursuant to Section 14005.12, exclusive of any amounts considered exempt as income under Chapter 3 (commencing with Section 12000), less amounts paid for Medicare and other health insurance premiums shall be the share of cost to be met under Section 14005.9. +(d) In the case of a medically needy family person or state-only Medi-Cal person, monthly income, as determined, defined, counted, and valued, in accordance with Title XIX of the federal Social Security Act, in excess of the amount required for maintenance established pursuant to Section 14005.12, exclusive of any amounts considered exempt as income under Chapter 2 (commencing with Section 11200), less amounts paid for Medicare and other health insurance premiums shall be the share of cost to be met under Section 14005.9. +(e) In determining the income of a medically needy person residing in a licensed community care facility, income shall be determined, defined, counted, and valued, in accordance with Title XIX of the federal Social Security Act, any amount paid to the facility for residential care and support that exceeds the amount needed for maintenance shall be deemed unavailable for the purposes of this chapter. +(f) (1) For purposes of this section the following definitions apply: +(A) “SSI” means the federal Supplemental Security Income program established under Title XVI of the federal Social Security Act. +(B) “MNL” means the income standard of the Medi-Cal medically needy program defined in Section 14005.12. +(C) Board and care “personal care services” or “PCS” deduction means the income disregard that is applied to a resident in a licensed community care facility, in lieu of the board and care deduction specified in subdivision +(e) of Section 14005.7, +(e), +when the PCS deduction is greater than the board and care deduction. +(2) (A) For purposes of this section, the SSI recipient retention amount is the amount by which the SSI maximum payment amount to an individual residing in a licensed community care facility exceeds the maximum amount that the state allows community care facilities to charge a resident who is an SSI recipient. +(B) For purposes of this section, the personal and incidental needs deduction for an individual residing in a licensed community care facility is either of the following: +(i) If the deduction specified in subdivision (e) is applicable to the individual, the amount, not to exceed the amount by which the SSI recipient retention amount exceeds +twenty dollars ($20), +fifty dollars ($50), +nor to be less than zero, by which the sum of the amount that the individual pays to his or her licensed community care facility and the SSI recipient retention amount exceed the sum of the individual’s MNL, the individual’s board and care deduction, and +twenty dollars ($20). +fifty dollars ($50). +(ii) If the deduction specified in paragraph (1) is applicable to the individual, +an +the +amount, not to exceed the amount by which the SSI recipient retention amount exceeds +twenty dollars ($20), +fifty dollars ($50), +nor to be less than zero, by which the sum of the amount which the individual pays to his or her +licensed +community care facility and the SSI recipient retention amount exceed the sum of the individual’s MNL, the individual’s PCS deduction and +twenty dollars ($20). +fifty dollars ($50). +(3) In determining the countable income of a medically needy individual residing in a licensed community care facility, the individual shall have deducted from his or her income the amount specified in subparagraph (B) of paragraph (2). +(g) No later than one month after the effective date of subparagraph (B) of paragraph (2) of subdivision (f), the department shall submit to the federal medicaid administrator a state plan amendment seeking approval of the income deduction specified in subdivision (f), and of federal financial participation for the costs resulting from that income deduction. +(h) The deduction prescribed by paragraph (3) of subdivision (f) shall be applied no later than the first day of the fourth month after the month in which the department receives approval for the federal financial participation specified in subdivision (g). Until approval for federal financial participation is received by the department, there shall be no deduction under paragraph (3) of subdivision (f). +(i) The amendments to clauses (i) and (ii) of subparagraph (B) of paragraph (2) of subdivision (f) made by the act that added this subdivision during the 2015–16 Regular Session of the Legislature shall be implemented only to the extent that federal financial participation is available and that the department receives any necessary federal approvals. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Under existing law, certain aged, blind, and disabled Medi-Cal recipients are required to pay a share of cost as a condition of eligibility, with the share of cost determined in accordance with specified requirements. For purposes of determining the share of cost, existing law establishes a formula to calculate the personal and incidental needs deduction for an individual residing in a licensed community care facility. Existing law prohibits that deduction from exceeding the amount by which the Supplemental Security Income recipient retention amount, as defined, exceeds $20. +This bill would revise the formula to determine the personal and incidental needs deduction. By increasing the responsibility of the counties in determining Medi-Cal eligibility, this bill would impose a state-mandated local program. The bill would also require that its provisions be implemented only to the extent that federal financial participation is available and that the department receives any necessary federal approvals. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 14005.7 of the Welfare and Institutions Code, relating to Medi-Cal." +788,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25503.36 is added to the Business and Professions Code, to read: +25503.36. +(a) Notwithstanding any other provision of this division, an authorized licensee may sponsor events promoted by, and may purchase advertising space and time from, or on behalf of, a live entertainment marketing company in connection with events organized and conducted by the live entertainment marketing company on the premises of a permanent retail licensee located at the San Diego County Fairgrounds, located in the City of Del Mar in the County of San Diego, subject to all of the following conditions: +(1) The live entertainment marketing company operates and promotes live artistic, musical, sports, or cultural entertainment events only. +(2) The events will take place over a period of no more than four consecutive days during which approximately 100 acts will perform before approximately 20,000 or more patrons. +(3) The live entertainment marketing company is a Delaware limited liability company that is under common ownership, management, or control by a private equity firm that may also have common ownership, management, or control of a licensed California winery, provided the winery represents not more than 25 percent of the assets under common ownership, management, or control by the private equity firm or its subsidiaries, and the live entertainment marketing company exercises no control over the operations of the winery. Any authorized licensee sponsoring an event or purchasing advertising space or time, pursuant to this section, shall obtain written verification of compliance with this subdivision prior to such sponsorship or the purchase of advertising space or time. +(4) Any on-sale licensee operating at the San Diego County Fairgrounds shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler or manufacturer in addition to any brand manufactured, distributed, or owned by the authorized licensee sponsoring an event or purchasing advertising space or time pursuant to this section. +(5) An agreement pursuant to this section shall not be conditioned directly or indirectly on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by any authorized licensee sponsoring or purchasing advertising space or time pursuant to this section. +(b) Any sponsorship of events or purchase of advertising space or time conducted pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the authorized licensee and the live entertainment marketing company. +(c) Any authorized licensee who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. +(d) Any on-sale retail licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit an authorized licensee to purchase advertising time or space pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. +(e) Nothing in this section shall authorize the purchasing of advertising space or time directly from, or on behalf of, any on-sale licensee except as expressly authorized by this section or any other provision of this division. +(f) Nothing in this section shall authorize an authorized licensee to furnish, give, or lend anything of value to an on-sale retail licensee described in subdivision (a) except as expressly authorized by this section or any other provision of this division. +(g) For purposes of this section, the following definitions shall apply: +(1) “Authorized licensee” means the following licensees: beer manufacturer, out-of-state beer manufacturer’s certificate, winegrower, winegrower’s agent, importer, rectifier, distilled spirits manufacturer, distilled spirits rectifier general, distilled spirits manufacturer’s agent. +(2) Except for a licensee that holds only a beer and wine importer general license or a distilled spirits importer general license, “importer” does not include the holder of any importer license that does not also hold at least one other license specified as an authorized licensee. +(h) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied interests must be limited to its expressed terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique conditions located in the County of San Diego. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to allow for the sponsoring of events within the County of San Diego as soon as possible, it is necessary that this act take effect immediately.","Existing law generally restricts certain alcoholic beverage licensees, including manufacturers and winegrowers, from paying, crediting, or compensating a retailer for advertising in connection with the advertising and sale of alcoholic beverages. Existing law expressly authorizes a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, holder of a distilled spirits rectifier’s general license, or a distilled spirits manufacturer’s agent to sponsor events promoted by or purchase advertising space and time from, or on behalf of, a live entertainment marketing company that is a wholly owned subsidiary of a live entertainment company that has its principal place of business in the County of Los Angeles, as provided. +This bill would expressly authorize an authorized licensee, as defined, to sponsor events promoted by or purchase advertising space and time from, or on behalf of, a live entertainment marketing company in connection with events organized and conducted by the live entertainment marketing company at the San Diego County Fairgrounds, under specified conditions. The bill would also make an authorized licensee who, through coercion or other illegal means, induces the holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to these provisions guilty of a misdemeanor. The bill would additionally make an on-sale retail licensee, as described, who solicits or coerces a holder of a wholesaler’s license to solicit an authorized licensee to purchase advertising time or space pursuant to these provisions guilty of a misdemeanor. The bill would make a related statement of findings. +By creating new crimes, this bill would impose a state-mandated local program. +This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Section 25503.36 to the Business and Professions Code, relating to alcoholic beverages, and declaring the urgency thereof, to take effect immediately." +789,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Scaling up the Market Match program throughout the state would be beneficial to the health of local economies and the state economy while simultaneously improving the health of the most vulnerable families throughout California. +(b) Since its inception in 2009, the Market Match program has encouraged the purchase and consumption of California fresh fruits, nuts, and vegetables by directly linking California specialty crop producers with nutrition benefit clients and doubling the purchasing value of the nutrition assistance received by nutrition benefit clients when purchasing California fresh fruits, nuts, and vegetables. +(c) Market Match dollars provide incentives for new consumers to visit local farmers’ markets and purchase healthy produce, benefiting both their health and the health of local economies. +(d) The Market Match program has acted as an economic stimulus to local agricultural economies throughout the state by increasing the number of loyal customers and their purchasing power, including in food deserts where California fresh fruits, nuts, and vegetables are scarce. +(e) Data shows that between 2009 and 2012, the Market Match program increased CalFresh redemption amongst 37,000 new farmers’ market customers at 140 participating farmers’ markets in over 16 counties, from 132 percent to 700 percent. +(f) Data shows that Market Match dollars have had a six-fold return on investment in farmers’ market sales. +(g) The Pacific Coast Farmers’ Market Association’s business analysis of returns on investment (ROI) for Market Match programs in 2012 held in various areas and cities shows the following rates of ROI throughout the state: +(1) East Bay and San Francisco: 132 percent ROI. +(2) Long Beach: 257 percent ROI. +(3) Huntington Park: 403 percent ROI. +(4) Davis: 390 percent ROI. +(5) Woodland: 576 percent ROI. +(6) Monterey: 717 percent ROI. +(h) The enactment of the 2014 federal Farm Bill includes $100 million in grants to states for programs that supplement nutrition benefits if they incentivize healthier eating by beneficiaries. +(i) The first round of grants awarded in 2015 proves that a statewide framework is an effective way to draw down these federal funds. The State of Washington was the largest first-round grant recipient, awarded almost $6 million to help low-income families afford fresh produce. California must act now and tap into this federal funding before it is too late. +(j) Creation of a statewide Nutrition Incentive Matching Grant Program modeled after the successful experience of the Market Match program would help draw down federal funds to further maximize access to fresh healthy foods and stimulate local economies in a more equitable cross-section of communities. +SEC. 2. +Chapter 13 (commencing with Section 49010) is added to Division 17 of the Food and Agricultural Code, to read: +CHAPTER 13. Nutrition Incentive Matching Grant Program +49010. +This chapter shall be known, and may be cited, as the California Nutrition Incentives Act. +49011. +The Nutrition Incentive Matching Grant Program is hereby established in the Office of Farm to Fork for purposes of encouraging the purchase and consumption of California fresh fruits, nuts, and vegetables by directly linking California fresh fruit, nut, and vegetable producers with nutrition benefit clients. +49012. +For purposes of this chapter, the following definitions shall apply: +(a) “Consumer incentive program” means a program administered by a qualified entity that increases the purchasing value of a nutrition benefit client’s benefits when the benefits are used to purchase California fresh fruits, nuts, and vegetables. +(b) “Nutrition benefit client” means a person who receives services or payments through any of the following: +(1) California Special Supplemental Nutrition Program for Women, Infants, and Children, as described in Section 123280 of the Health and Safety Code. +(2) CalWORKS program, as described in Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code. +(3) CalFresh, as described in Section 18900.2 of the Welfare and Institutions Code. +(4) Implementation of the federal WIC Farmers’ Market Nutrition Act of 1992 (Public Law 102-314). +(5) The Senior Farmers’ Market Nutrition Program, as described in Section 3007 of Title 7 of the United States Code. +(6) Supplemental Security Income or State Supplementary Payment, as described in Section 1381 and following of Title 42 of the United States Code. +(c) “Qualified entity” means either of the following: +(1) A certified farmers’ market, as described in Section 47004, an association of certified producers, or a nonprofit organization representing a collective or association of certified producers that is authorized by the United States Department of Agriculture to accept federal Supplemental Nutrition Assistance Program (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code) benefits from recipient purchasers at a farmers’ market. Certified producers shall be certified by the county agricultural commissioner pursuant to Section 47020. +(2) A small business, as defined in Section 14837 of the Government Code, that sells California grown fresh fruits, nuts, and vegetables and that is authorized to accept nutrition benefits from any of the programs listed in paragraphs (1) to (6), inclusive, of subdivision (b). +49013. +The Nutrition Incentive Matching Grant Account is hereby created in the Department of Food and Agriculture Fund to collect matching funds from the federal Food Insecurity Nutrition Incentive Grant Program (7 U.S.C. Sec. 7517), and other public and private sources, to provide grants under the Nutrition Incentive Matching Grant Program. The Nutrition Incentive Matching Grant Program shall only provide grants upon the deposit of sufficient funds, as specified in its federal Food Insecurity Nutrition Incentive Grant Program application, into the Nutrition Incentive Matching Grant Account. +49014. +The Nutrition Incentive Matching Grant Program shall be administered in accordance with all of the following: +(a) Subject to the regulations adopted by the National Institute of Food and Agriculture in the United States Department of Agriculture in accordance with the federal Agricultural Act of 2014 (Public Law 113-79), or any subsequent federal agricultural act, moneys in the Nutrition Incentive Matching Grant Account shall be awarded in the form of grants to qualified entities for consumer incentive programs. +(b) (1) The Office of Farm to Fork shall establish minimum standards, funding schedules, and procedures for awarding grants in consultation with the United States Department of Agriculture and other interested stakeholders, including, but not limited to, the State Department of Public Health, State Department of Social Services, organizations with expertise in nutrition benefit programs or consumer incentive programs, small business owners that may qualify as a qualified entity, and certified farmers’ market operators. +(2) The department shall not use more than one-third of the Nutrition Incentive Matching Grant Program funds for consumer incentive programs with qualified entities described in paragraph (2) of subdivision (c) of Section 49012. +(c) The department shall give priority in awarding grants to qualified entities based on, but not limited to, the following: +(1) The service of an area of population currently not being served by a consumer incentive program. +(2) The degree of the existence of the following demographic conditions and the character of the communities in which sales of California grown fresh fruits, nuts, and vegetables are made to the public by authorized vendors operating in conjunction with a qualified entity: +(A) The number of people who are eligible for, or receiving, nutrition benefit program services. +(B) The prevalence of diabetes, obesity, and other diet-related illnesses. +(C) The availability of access to fresh fruits, nuts, and vegetables. +(3) Demonstrated efficiency in the administration of a consumer incentive program.","Existing law establishes the Office of Farm to Fork within the Department of Food and Agriculture, and requires the office, to the extent that resources are available, to work with various entities, including, among others, the agricultural industry and other organizations involved in promoting food access, to increase the amount of agricultural products available to underserved communities and schools in the state. Existing law requires the office to, among other things, identify urban and rural communities that lack access to healthy food, and to coordinate with local, state, and federal agencies to promote and increase awareness of programs that promote greater food access. +This bill would establish the Nutrition Incentive Matching Grant Program in the Office of Farm to Fork, and would create the Nutrition Incentive Matching Grant Account in the Department of Food and Agriculture Fund to collect matching funds received from a specified federal grant program and funds from other public and private sources, to encourage the purchase and consumption of California fresh fruits, nuts, and vegetables by nutrition benefit clients, as defined. The bill would provide that the program shall only provide grants upon the deposit of sufficient funds, as specified, into the account. The bill would require that moneys in the Nutrition Incentive Matching Grant Account be awarded in the form of grants to qualified entities, as defined, for consumer incentive programs, as defined, subject to specified regulations and in accordance with certain priorities. The bill would require the Office of Farm to Fork to establish minimum standards, funding schedules, and procedures for awarding grants, as specified.","An act to add Chapter 13 (commencing with Section 49010) to Division 17 of the Food and Agricultural Code, relating to food and agriculture." +790,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 38501 of the Health and Safety Code is amended to read: +38501. +The Legislature finds and declares all of the following: +(a) Global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California. The potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state from the Sierra snowpack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems. +(b) Global warming will have detrimental effects on some of California’s largest industries, including agriculture, wine, tourism, skiing, recreational and commercial fishing, and forestry. It will also increase the strain on electricity supplies necessary to meet the demand for summer air-conditioning in the hottest parts of the state. +(c) California has long been a national and international leader on energy conservation and environmental stewardship efforts, including the areas of air quality protections, energy efficiency requirements, renewable energy standards, natural resource conservation, and greenhouse gas emission standards for passenger vehicles. The program established by this division will continue this tradition of environmental leadership by placing California at the forefront of national and international efforts to reduce emissions of greenhouse gases. +(d) National and international actions are necessary to fully address the issue of global warming. However, action taken by California to reduce emissions of greenhouse gases will have far-reaching effects by encouraging other states, the federal government, and other countries to act. +(e) By exercising a global leadership role, California will also position its economy, technology centers, financial institutions, and businesses to benefit from national and international efforts to reduce emissions of greenhouse gases. More importantly, investing in the development of innovative and pioneering technologies will assist California in achieving the statewide limits on emissions of greenhouse gases established by this division for 2020 and beyond and will provide an opportunity for the state to take a global economic and technological leadership role in reducing emissions of greenhouse gases. +(f) It is the intent of the Legislature that the State Air Resources Board coordinate with state agencies, +as well as +and +consult with the environmental justice community, industry sectors, business groups, academic institutions, environmental organizations, and other stakeholders, in implementing this division. +(g) It is the intent of the Legislature that the State Air Resources Board consult with the Public Utilities Commission in the development of emissions reduction measures, including limits on emissions of greenhouse gases applied to electricity and natural gas providers regulated by the Public Utilities Commission in order to ensure that electricity and natural gas providers are not required to meet duplicative or inconsistent regulatory requirements. +(h) It is the intent of the Legislature that the State Air Resources Board design emissions reduction measures to meet the statewide emissions limits for greenhouse gases established pursuant to this division in a manner that minimizes costs and maximizes benefits for California’s economy, improves and modernizes California’s energy infrastructure and maintains electric system reliability, maximizes additional environmental and economic co-benefits for California, and complements the state’s efforts to improve air quality. +(i) It is the intent of the Legislature that the Climate Action Team established by the Governor to coordinate the efforts set forth under Executive Order S-3-05 continue its role in coordinating overall climate policy. +SEC. 2. +Section 38505 of the Health and Safety Code is amended to read: +38505. +For the purposes of this division, the following terms have the following meanings: +(a) “Allowance” means an authorization to emit, during a specified year, up to one ton of carbon dioxide equivalent. +(b) “Alternative compliance mechanism” means an action undertaken by a greenhouse gas emission source that achieves the equivalent reduction of greenhouse gas emissions over the same time period as a direct emission reduction, and that is approved by the state board. “Alternative compliance mechanism” includes, but is not limited to, a flexible compliance schedule, alternative control technology, a process change, or a product substitution. +(c) “Carbon dioxide equivalent” means the amount of carbon dioxide by weight that would produce the same global warming impact as a given weight of another greenhouse gas, based on the best available science, including from the Intergovernmental Panel on Climate Change. +(d) “Cost-effective” or “cost-effectiveness” means the cost per unit of reduced emissions of greenhouse gases adjusted for its global warming potential. +(e) “Direct emission reduction” means a greenhouse gas emission reduction action made by a greenhouse gas emission source at that source. +(f) “Emissions reduction measure” means programs, measures, standards, and alternative compliance mechanisms authorized pursuant to this division, applicable to sources or categories of sources, that are designed to reduce emissions of greenhouse gases. +(g) “Greenhouse gas” or “greenhouse gases” includes all of the following gases: +(1) Carbon dioxide. +(2) Methane. +(3) Nitrous oxide. +(4) Hydrofluorocarbons. +(5) Perfluorocarbons. +(6) Sulfur hexafluoride. +(7) Nitrogen trifluoride. +(h) “Greenhouse gas emissions limit” means an authorization, during a specified year, to emit up to a level of greenhouse gases specified by the state board, expressed in tons of carbon dioxide equivalents. +(i) “Greenhouse gas emission source” or “source” means any source, or category of sources, of greenhouse gas emissions whose emissions are at a level of significance, as determined by the state board, that its participation in the program established under this division will enable the state board to effectively reduce greenhouse gas emissions and monitor compliance with the statewide greenhouse gas emissions limit. +(j) “Leakage” means a reduction in emissions of greenhouse gases within the state that is offset by an increase in emissions of greenhouse gases outside the state. +(k) “Market-based compliance mechanism” means either of the following: +(1) A system of market-based declining annual aggregate emissions limitations for sources or categories of sources that emit greenhouse gases. +(2) Greenhouse gas emissions exchanges, banking, credits, and other transactions, governed by rules and protocols established by the state board, that result in the same greenhouse gas emission reduction, over the same time period, as direct compliance with a greenhouse gas emission limit or emission reduction measure adopted by the state board pursuant to this division. +(l) “State board” means the State Air Resources Board. +(m) “Statewide greenhouse gas emissions” means the total annual emissions of greenhouse gases in the state, including all emissions of greenhouse gases from the generation of electricity delivered to and consumed in California, accounting for transmission and distribution line losses, whether the electricity is generated in state or imported. Statewide emissions shall be expressed in tons of carbon dioxide equivalents. +(n) “Statewide greenhouse gas emissions limit” or “statewide emissions limit” means the maximum allowable level of statewide greenhouse gas emissions in +2020, +2020 and beyond, +as determined by the state board pursuant to Part 3 (commencing with Section 38550).","The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. The act makes various findings and declarations. +T +he act defines various terms, including “statewide greenhouse gas emissions limit,” for purposes of the act. +This bill would make changes to those findings and declarations. +The bill would revise the definition of “statewide greenhouse gas emissions limit.”","An act to amend +Section 38501 +Sections 38501 and 38505 +of the Health and Safety Code, relating to greenhouse gases." +791,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The Delta smelt (Hypomesus transpacificus) is a small fish native to the Sacramento-San Joaquin Delta. The Delta smelt is a particularly vulnerable species in the Delta, with a typical lifespan of a single year. It has an unusually low fecundity for a fish with a limited planktonic larvae diet. It resides primarily within the interface between the salt and fresh water. +(b) In 1993, the Delta smelt was listed as threatened and has henceforth been protected under state law pursuant to the California Endangered Species Act. +(c) There are many known threats to the smelt in the Delta. Loss of habitat, reduced food supply, invasive species, rising temperatures, and toxic contaminants have all been identified as playing a potential role in the decline of Delta smelt. +(d) It is critical to move forward with the appropriate comprehensive strategy for a sustainable Delta that includes the investments necessary to allow the Delta smelt and other sensitive species to survive and thrive in their native habitat. This goal must be accomplished in a manner that will also provide sufficient and reliable water supplies to meet the public health and safety needs of Californians throughout the state and support California’s vital economic interests. +(e) A long-term comprehensive solution is vital to addressing the myriad of issues affecting ecosystem health and species recovery. However, immediate action is needed to address the critical condition of the Delta smelt population. A Delta smelt hatchery is a single element in what should constitute a suit of actions aimed at improving habitat conditions and species recovery. A Delta smelt hatchery can provide near-term benefits to ensure the survival of this key Delta species. +SEC. 2. +Chapter 7.1 (commencing with Section 1710) is added to Division 2 of the Fish and Game Code, to read: +CHAPTER 7.1. Delta Smelt Preservation and Restoration Act +1710. +This chapter shall be known, and may be cited, as the Delta Smelt Preservation and Restoration Act of 2016. +1711. +As used in this chapter: +(a) “Banking partner” means any state, federal, or local public agency, or person, that enters into a written agreement with the department to participate in the Delta Smelt Hatchery Program. +(b) “Delta” means the Sacramento-San Joaquin Delta as described in Section 12220 of the Water Code. +(c) “Delta smelt” means the Delta smelt (Hypomesus transpacificus) of the family Osmeridae. +(d) “Mitigation bank” means a publicly or privately owned and operated fish hatchery in which Delta smelt are spawned and reared for the purpose of creating refugia populations or for release into the delta to increase the population of Delta smelt in the delta or for use as stock for scientific studies, and which is constructed consistent with this chapter to mitigate the adverse impacts on Delta smelt populations caused by the activities of banking partners. +(e) “Mitigation banking agreement” means a written agreement between the department and a banking partner that satisfies the incidental take requirements of subdivision (b) of Section 2081 and that provides a uniform procedure and contribution from each banking partner for receiving mitigation bank credits. +(f) “Program” means the Delta Smelt Hatchery Program developed by the department pursuant to Section 1712. +(g) “Refugia” means a captive Delta smelt broodstock population managed to maintain a genetic population representative of the wild population. +1712. +The department shall develop the Delta Smelt Hatchery Program to preserve and restore the Delta smelt. The program shall be implemented by January 1, 2018, and shall do all of the following: +(a) Design a propagation facility for the following intended purposes: +(1) Establishing a genetic refugia population. +(2) Developing broodstock for scientific and educational purposes. +(3) Providing a source of fish for supplementation of wild populations. +(b) Identify three potential sites within, or immediately adjacent to, the delta that are suitable for the design, construction, and operation of a Delta smelt hatchery. +(c) Result in the design and construction of at least one Delta smelt hatchery on a site identified under subdivision (b) by January 1, 2019. +(d) Develop a hatchery management plan that identifies hatchery management and implementation strategies to ensure the success of the program in meeting its goals. The Hatchery Management Plan shall be developed in consultation with the University of California and the United States Fish and Wildlife Service, and other mediums for scientific peer review, as deemed appropriate by the department. +(e) Establish and operate a mitigation bank available to banking partners in order to provide take authorization pursuant to Section 2081 to participating banking partners. +(f) Adopt guidelines that establish the procedures for entering into a mitigation banking agreement and the cost of participation in the mitigation bank. +1713. +The department shall enter into mitigation banking agreements with banking partners for the purpose of providing take authorization under Section 2081. Mitigation banking agreements shall meet both of the following requirements: +(a) Establish a requirement for the banking partner to participate in the mitigation bank at a level that is roughly proportional to the impact of the banking partner’s activity on Delta smelt. +(b) Set the financial contribution of the banking partner, together with a method of making financial contributions to the mitigation bank, that provide sufficient certainty that financing is available for that banking partner’s share of the annual operations of the Delta smelt hatchery in an amount sufficient to satisfy the mitigation obligation of the banking partner under the permit issued pursuant to Section 1714. +1714. +If the department enters into a mitigation banking agreement that satisfies all of the requirements of this chapter, the department shall issue a permit authorizing an incidental take under Section 2081 to participating banking partners. +1715. +Delta smelt reared for refugia populations, scientific research, and population augmentation shall be counted towards mitigation credits. Hatchery production in excess of the obligations of mitigation banking partners shall create mitigation credits available to meet the obligations of future activities. Banking credits shall be available to banking partners to satisfy mitigation obligations required under the federal Endangered Species Act, consistent with a mitigation plan approved by the United States Fish and Wildlife Service. +1716. +Funding necessary for the long-term operation and maintenance of the program and a Delta smelt hatchery shall be provided from revenues received from banking partners. Funds provided through banking agreements shall be dedicated to program implementation and not used for other purposes. +1717. +Costs for the planning, design, and construction of a Delta smelt hatchery, including purchase of any necessary lands, easements, or rights-of-way shall be made from funds allocated pursuant to Section 1718. An audit of all funds received for the program shall be conducted every three years. +1718. +The sum of dollars ($____) is hereby appropriated from ____ to the department for expenditure without regard to fiscal year, for purposes of implementing this chapter. +1719. +The department may contract with public agencies outside of state government for the planning, design, construction, and operation of one or more Delta smelt hatcheries. +1720. +The department may partner with the United States Fish and Wildlife Service in establishing and operating a Delta smelt hatchery, provided that all requirements of this chapter shall be complied with. +1721. +The department shall cooperate on the development of long-term comprehensive Delta ecosystem solutions to ensure consistency with this chapter. A program implemented pursuant to Section 1712 shall be included as one of the actions incorporated into any state-adopted comprehensive Delta ecosystem program. +1722. +Nothing in this chapter shall diminish the protections provided to Delta smelt under state law, provide for illegal taking of Delta smelt, or eliminate the requirements for compliance with the California Endangered Species Act.","Existing law requires the Fish and Game Commission to establish fish hatcheries for the purposes of stocking the waters of California with fish, and requires the Department of Fish and Wildlife to maintain and operate those hatcheries. +This bill would enact the Delta Smelt Preservation and Restoration Act of 2016. The act would require the department to develop a Delta smelt hatchery program to preserve and restore the Delta smelt. The bill would require the department to enter into mitigation banking agreements with banking partners for the purpose of providing take authorizations to banking partners and to obtain funding from banking agreements. +The bill would appropriate an unspecified amount of money from an unspecified source to the department for purposes of implementing the bill’s provisions.","An act to add Chapter 7.1 (commencing with Section 1710) to Division 2 of the Fish and Game Code, relating to the Delta smelt, and making an appropriation therefor." +792,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 739.1 of the Public Utilities Code is amended to read: +739.1. +(a) The commission shall continue a program of assistance to low-income electric and gas customers with annual household incomes that are no greater than 200 percent of the federal poverty guideline levels, the cost of which shall not be borne solely by any single class of customer. For one-person households, program eligibility shall be based on two-person household guideline levels. The program shall be referred to as the California Alternate Rates for Energy or CARE program. The commission shall ensure that the level of discount for low-income electric and gas customers correctly reflects the level of need. +(b) The commission shall establish rates for CARE program participants, subject to both of the following: +(1) That the commission ensure that low-income ratepayers are not jeopardized or overburdened by monthly energy expenditures, pursuant to subdivision (b) of Section 382. +(2) That the level of the discount for low-income electricity and gas ratepayers correctly reflects the level of need as determined by the needs assessment conducted pursuant to subdivision (d) of Section 382. +(c) In establishing CARE discounts for an electrical corporation with 100,000 or more customer accounts in California, the commission shall ensure all of the following: +(1) The average effective CARE discount shall not be less than 30 percent or more than 35 percent of the revenues that would have been produced for the same billed usage by non-CARE customers. The average effective discount determined by the commission shall reflect any charges not paid by CARE customers, including payments for the California Solar Initiative, payments for the self-generation incentive program made pursuant to Section 379.6, payment of the separate rate component to fund the CARE program made pursuant to subdivision (a) of Section 381, payments made to the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code, and any discount in a fixed charge. The average effective CARE discount shall be calculated as a weighted average of the CARE discounts provided to individual customers. +(2) If an electrical corporation provides an average effective CARE discount in excess of the maximum percentage specified in paragraph (1), the electrical corporation shall not reduce, on an annual basis, the average effective CARE discount by more than a reasonable percentage decrease below the discount in effect on January 1, 2013, or that the electrical corporation had been authorized to place in effect by that date. +(3) The entire discount shall be provided in the form of a reduction in the overall bill for the eligible CARE customer. +(d) The commission shall work with electrical and gas corporations to establish penetration goals. The commission shall authorize recovery of all administrative costs associated with the implementation of the CARE program that the commission determines to be reasonable, through a balancing account mechanism. Administrative costs shall include, but are not limited to, outreach, marketing, regulatory compliance, certification and verification, billing, measurement and evaluation, and capital improvements and upgrades to communications and processing equipment. +(e) The commission shall examine methods to improve CARE enrollment and participation. This examination shall include, but need not be limited to, comparing information from CARE and the Universal Lifeline Telephone Service (ULTS) to determine the most effective means of utilizing that information to increase CARE enrollment, automatic enrollment of ULTS customers who are eligible for the CARE program, customer privacy issues, and alternative mechanisms for outreach to potential enrollees. The commission shall ensure that a customer consents +prior to +before +enrollment. The commission shall consult with interested parties, including ULTS providers, to develop the best methods of informing ULTS customers about other available low-income programs, as well as the best mechanism for telephone providers to recover reasonable costs incurred pursuant to this section. +(f) (1) The commission shall improve the CARE application process by cooperating with other entities and representatives of California government, including the California Health and Human Services Agency and the Secretary of California Health and Human Services, to ensure that all gas and electric customers eligible for public assistance programs in California that reside within the service territory of an electrical corporation or gas corporation, are enrolled in the CARE program. The commission may determine that gas and electric customers are categorically eligible for CARE assistance if they are enrolled in other public assistance programs with substantially the same income eligibility requirements as the CARE program. To the extent practicable, the commission shall develop a CARE application process using the existing ULTS application process as a model. The commission shall work with electrical and gas corporations and the Low-Income Oversight Board established in Section 382.1 to meet the low-income objectives in this section. +CARE program participants who fail to respond to an income verification request shall be permanently barred from self-certified re +enrollment in the CARE program. +(2) The commission shall ensure that an electrical corporation or gas corporation with a commission-approved program to provide discounts based upon economic need in addition to the CARE program, including a Family Electric Rate Assistance program, utilize a single application form, to enable an applicant to alternatively apply for any assistance program for which the applicant may be eligible. It is the intent of the Legislature to allow applicants under one program, that may not be eligible under that program, but that may be eligible under an alternative assistance program based upon economic need, to complete a single application for any commission-approved assistance program offered by the public utility. +(g) It is the intent of the Legislature that the commission ensure CARE program participants receive affordable electric and gas service that does not impose an unfair economic burden on those participants. +(h) The commission’s program of assistance to low-income electric and gas customers shall, as soon as practicable, include nonprofit group living facilities specified by the commission, if the commission finds that the residents in these facilities substantially meet the commission’s low-income eligibility requirements and there is a feasible process for certifying that the assistance shall be used for the direct benefit, such as improved quality of care or improved food service, of the low-income residents in the facilities. The commission shall authorize utilities to offer discounts to eligible facilities licensed or permitted by appropriate state or local agencies, and to facilities, including women’s shelters, hospices, and homeless shelters, that may not have a license or permit but provide other proof satisfactory to the utility that they are eligible to participate in the program. +(i) (1) In addition to existing assessments of eligibility, an electrical corporation may require proof of income eligibility for those CARE program participants whose electricity usage, in any monthly or other billing period, exceeds 400 percent of baseline usage. The authority of an electrical corporation to require proof of income eligibility is not limited by the means by which the CARE program participant enrolled in the program, including if the participant was automatically enrolled in the CARE program because of participation in a governmental assistance program. If a CARE program participant’s electricity usage exceeds 400 percent of baseline usage, the electrical corporation may require the CARE program participant to participate in the Energy Savings Assistance Program (ESAP), which includes a residential energy assessment, in order to provide the CARE program participant with information and assistance in reducing his or her energy usage. Continued participation in the CARE program may be conditioned upon the CARE program participant agreeing to participate in ESAP within 45 days of notice being given by the electrical corporation pursuant to this paragraph. The electrical corporation may require the CARE program participant to notify the utility of whether the residence is rented, and if so, a means by which to contact the landlord, and the electrical corporation may share any evaluation and recommendation relative to the residential structure that is made as part of an energy assessment, with the landlord of the CARE program participant. Requirements imposed pursuant to this paragraph shall be consistent with procedures adopted by the commission. +(2) If a CARE program participant’s electricity usage exceeds 600 percent of baseline usage, the electrical corporation shall require the CARE program participant to participate in ESAP, which includes a residential energy assessment, in order to provide the CARE program participant with information and assistance in reducing his or her energy usage. Continued participation in the CARE program shall be conditioned upon the CARE program participant agreeing to participate in ESAP within 45 days of a notice made by the electrical corporation pursuant to this paragraph. The electrical corporation may require the CARE program participant to notify the utility of whether the residence is rented, and if so, a means by which to contact the landlord, and the electrical corporation may share any evaluation and recommendation relative to the residential structure that is made as part of an energy assessment, with the landlord of the CARE program participant. Following the completion of the energy assessment, if the CARE program participant’s electricity usage continues to exceed 600 percent of baseline usage, the electrical corporation may remove the CARE program participant from the program if the removal is consistent with procedures adopted by the commission. Nothing in this paragraph shall prevent a CARE program participant with electricity usage exceeding 600 percent of baseline usage from participating in an appeals process with the electrical corporation to determine whether the participant’s usage levels are legitimate. +(3) A CARE program participant in a rental residence shall not be removed from the program in situations where the landlord is nonresponsive when contacted by the electrical corporation or does not provide for ESAP participation. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations, as defined. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law requires the commission to establish a program of assistance to low-income electric and gas customers with annual household incomes that are no greater than 200% of the federal poverty guidelines, referred to as the California Alternate Rates for Energy or CARE program. +This bill would provide that CARE program participants who fail to respond to an income verification request shall be permanently barred from self-certified reenrollment in the CARE program. +Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. +Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 739.1 of the Public Utilities Code, relating to energy." +793,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 6 (commencing with Section 8390) is added to Division 4.1 of the Public Utilities Code, to read: +CHAPTER 6. Energy Efficiency Programs and Demand Response +8390. +(a) An electrical or gas corporation shall require recipients of rebates or incentives from residential or commercial energy efficiency or weatherization programs of the electrical or gas corporation, not including programs for appliance replacement, to install demand response infrastructure on the property for which the rebates or incentives are provided. +(b) A local publicly owned electric or gas utility shall require recipients of rebates or incentives from residential or commercial energy efficiency or weatherization programs of the utility, not including programs for appliance replacement, to install demand response infrastructure on the property for which the rebates or incentives are provided. +SECTION 1. +Section 399.20 of the +Public Utilities Code +is amended to read: +399.20. +(a)It is the policy of this state and the intent of the Legislature to encourage electrical generation from eligible renewable energy resources, including renewable energy resources that can be used to meet peak demand. +(b)As used in this section, “electric generation facility” means an electric generation facility located within the service territory of, and developed to sell electricity to, an electrical corporation that meets all of the following criteria: +(1)Has an effective capacity of not more than three megawatts. +(2)Is interconnected and operates in parallel with the electrical transmission and distribution grid. +(3)Is strategically located and interconnected to the electrical transmission and distribution grid in a manner that optimizes the deliverability of electricity generated at the facility to load centers. +(4)Is an eligible renewable energy resource. +(c)An electrical corporation shall file with the commission a standard tariff for electricity purchased from an electric generation facility. The commission may modify or adjust the requirements of this section for an electrical corporation with less than 100,000 service connections, as individual circumstances merit. +(d)(1)The tariff shall provide for payment for every kilowatthour of electricity purchased from an electric generation facility for a period of 10, 15, or 20 years, as authorized by the commission. The payment shall be the market price determined by the commission pursuant to paragraph (2) and shall include all current and anticipated environmental compliance costs, including, but not limited to, mitigation of emissions of greenhouse gases and air pollution offsets associated with the operation of new generating facilities in the local air pollution control or air quality management district where the electric generation facility is located. +(2)The commission shall establish a methodology to determine the market price of electricity for terms corresponding to the length of contracts with an electric generation facility, in consideration of the following: +(A)The long-term market price of electricity for fixed price contracts, determined pursuant to an electrical corporation’s general procurement activities, as authorized by the commission. +(B)The long-term ownership, operating, and fixed-price fuel costs associated with fixed-price electricity from new generating facilities. +(C)The value of different electricity products including baseload, peaking, and as-available electricity. +(3)The commission may adjust the payment rate to reflect the value of every kilowatthour of electricity generated on a time-of-delivery basis. +(4)The commission shall ensure, with respect to rates and charges, that ratepayers that do not receive service pursuant to the tariff are indifferent to whether a ratepayer with an electric generation facility receives service pursuant to the tariff. +(e)An electrical corporation shall provide expedited interconnection procedures to an electric generation facility located on a distribution circuit that generates electricity at a time and in a manner so as to offset the peak demand on the distribution circuit, if the electrical corporation determines that the electric generation facility will not adversely affect the distribution grid. The commission shall consider, and may establish, a value for an electric generation facility located on a distribution circuit that generates electricity at a time and in a manner so as to offset the peak demand on the distribution circuit. +(f)(1)An electrical corporation shall make the tariff available to the owner or operator of an electric generation facility within the service territory of the electrical corporation, upon request, on a first-come-first-served basis, until the electrical corporation meets its proportionate share of a statewide cap of 750 megawatts cumulative rated generation capacity served under this section and Section 399.32. The proportionate share shall be calculated based on the ratio of the electrical corporation’s peak demand compared to the total statewide peak demand. +(2)By June 1, 2013, the commission shall, in addition to the 750 megawatts identified in paragraph (1), direct the electrical corporations to collectively procure at least 250 megawatts of cumulative rated generating capacity from developers of bioenergy projects that commence operation on or after June 1, 2013. The commission shall, for each electrical corporation, allocate shares of the additional 250 megawatts based on the ratio of each electrical corporation’s peak demand compared to the total statewide peak demand. In implementing this paragraph, the commission shall do all of the following: +(A)Allocate the 250 megawatts identified in this paragraph among the electrical corporations based on the following categories: +(i)For biogas from wastewater treatment, municipal organic waste diversion, food processing, and codigestion, 110 megawatts. +(ii)For dairy and other agricultural bioenergy, 90 megawatts. +(iii)For bioenergy using byproducts of sustainable forest management, 50 megawatts. Allocations under this category shall be determined based on the proportion of bioenergy that sustainable forest management providers derive from sustainable forest management in fire threat treatment areas, as designated by the Department of Forestry and Fire Protection. +(B)Direct the electrical corporations to develop standard contract terms and conditions that reflect the operational characteristics of the projects, and to provide a streamlined contracting process. +(C)Coordinate, to the maximum extent feasible, any incentive or subsidy programs for bioenergy with the agencies listed in subparagraph (A) of paragraph (3) to provide maximum benefits to ratepayers and to ensure that incentives are used to reduce contract prices. +(D)The commission shall encourage gas and electrical corporations to develop and offer programs and services to facilitate development of in-state biogas for a broad range of purposes. +(3)(A)The commission, in consultation with the Energy Commission, the State Air Resources Board, the Department of Forestry and Fire Protection, the Department of Food and Agriculture, and the Department of Resources Recycling and Recovery, may review the allocations of the 250 additional megawatts identified in paragraph (2) to determine if those allocations are appropriate. +(B)If the commission finds that the allocations of the 250 additional megawatts identified in paragraph (2) are not appropriate, the commission may reallocate the 250 megawatts among the categories established in subparagraph (A) of paragraph (2). +(4)For purposes of this subdivision, “bioenergy” means biogas and biomass. +(g)The electrical corporation may make the terms of the tariff available to owners and operators of an electric generation facility in the form of a standard contract subject to commission approval. +(h)Every kilowatthour of electricity purchased from an electric generation facility shall count toward meeting the electrical corporation’s renewables portfolio standard annual procurement targets for purposes of paragraph (1) of subdivision (b) of Section 399.15. +(i)The physical generating capacity of an electric generation facility shall count toward the electrical corporation’s resource adequacy requirement for purposes of Section 380. +(j)(1)The commission shall establish performance standards for any electric generation facility that has a capacity greater than one megawatt to ensure that those facilities are constructed, operated, and maintained to generate the expected annual net production of electricity and do not impact system reliability. +(2)The commission may reduce the three megawatt capacity limitation of paragraph (1) of subdivision (b) if the commission finds that a reduced capacity limitation is necessary to maintain system reliability within that electrical corporation’s service territory. +(k)(1)An owner or operator of an electric generation facility that received ratepayer-funded incentives in accordance with Section 379.6 of this code, or with Section 25782 of the Public Resources Code, and participated in a net metering program pursuant to Sections 2827 and 2827.10 of, and former Section 2827.9 of, this code before January 1, 2010, shall be eligible for a tariff or standard contract filed by an electrical corporation pursuant to this section. +(2)In establishing the tariffs or standard contracts pursuant to this section, the commission shall consider ratepayer-funded incentive payments previously received by the generation facility pursuant to Section 379.6 of this code or Section 25782 of the Public Resources Code. The commission shall require reimbursement of any funds received from these incentive programs to an electric generation facility, in order for that facility to be eligible for a tariff or standard contract filed by an electrical corporation pursuant to this section, unless the commission determines ratepayers have received sufficient value from the incentives provided to the facility based on how long the project has been in operation and the amount of renewable electricity previously generated by the facility. +(3)A customer that receives service under a tariff or contract approved by the commission pursuant to this section is not eligible to participate in a net metering program. +(l)An owner or operator of an electric generation facility electing to receive service under a tariff or contract approved by the commission shall continue to receive service under the tariff or contract until either of the following occurs: +(1)The owner or operator of an electric generation facility no longer meets the eligibility requirements for receiving service pursuant to the tariff or contract. +(2)The period of service established by the commission pursuant to subdivision (d) is completed. +(m)Within 10 days of receipt of a request for a tariff pursuant to this section from an owner or operator of an electric generation facility, the electrical corporation that receives the request shall post a copy of the request on its Internet Web site. The information posted on the Internet Web site shall include the name of the city in which the facility is located, but information that is proprietary and confidential, including, but not limited to, address information beyond the name of the city in which the facility is located, shall be redacted. +(n)An electrical corporation may deny a tariff request pursuant to this section if the electrical corporation makes any of the following findings: +(1)The electric generation facility does not meet the requirements of this section. +(2)The transmission or distribution grid that would serve as the point of interconnection is inadequate. +(3)The electric generation facility does not meet all applicable state and local laws and building standards and utility interconnection requirements. +(4)The aggregate of all electric generating facilities on a distribution circuit would adversely impact utility operation and load restoration efforts of the distribution system. +(o)Upon receiving a notice of denial from an electrical corporation, the owner or operator of the electric generation facility denied a tariff pursuant to this section shall have the right to appeal that decision to the commission. +(p)To ensure the safety and reliability of electric generation facilities, the owner of an electric generation facility receiving a tariff pursuant to this section shall provide an inspection and maintenance report to the electrical corporation at least once every other year. The inspection and maintenance report shall be prepared at the owner’s or operator’s expense by a California-licensed contractor who is not the owner or operator of the electric generation facility. A California-licensed electrician shall perform the inspection of the electrical portion of the generation facility. +(q)The contract between the electric generation facility receiving the tariff and the electrical corporation shall contain provisions that ensure that construction of the electric generating facility complies with all applicable state and local laws and building standards, and utility interconnection requirements. +(r)(1)All construction and installation of facilities of the electrical corporation, including at the point of the output meter or at the transmission or distribution grid, shall be performed only by that electrical corporation. +(2)All interconnection facilities installed on the electrical corporation’s side of the transfer point for electricity between the electrical corporation and the electrical conductors of the electric generation facility shall be owned, operated, and maintained only by the electrical corporation. The ownership, installation, operation, reading, and testing of revenue metering equipment for electric generating facilities shall only be performed by the electrical corporation.","Existing law requires the Public Utilities Commission, in consultation with the State Energy Resources Conservation and Development Commission, to identify all potential cost-effective energy efficiency savings and establish efficiency targets for an electrical or gas corporation. Existing law requires a local publicly owned electric utility, in procuring energy, to acquire all cost-effective energy efficiency and demand response resources that are cost-effective, reliable, and feasible. +This bill would require electric and gas corporations and local publicly owned electric and gas utilities to require recipients of rebates or incentives from their residential or commercial energy efficiency or weatherization programs to install demand response infrastructure on the property for which the rebates or incentives are provided. +Under the Public Utilities Act, electrical corporations are required to file with the Public Utilities Commission a standard tariff for electricity purchased from certain electric generation facilities. The act declares it is the policy of this state and the intent of the Legislature to encourage electrical generation from eligible renewable energy resources. +This bill would specifically include in those eligible renewable energy resources those that can be used to meet peak demand. The bill also would make nonsubstantive changes and would correct erroneous cross-references.","An act to +amend Section 399.20 +add Chapter 6 (commencing with Section 8390) to Division 4.1 +of the Public Utilities Code, relating to energy." +794,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1158 of the Evidence Code is amended to read: +1158. +(a) For purposes of this section, “medical provider” means physician and surgeon, dentist, registered nurse, dispensing optician, registered physical therapist, podiatrist, licensed psychologist, osteopathic physician and surgeon, chiropractor, clinical laboratory bioanalyst, clinical laboratory tormed by a medical provider, or by an agent thereof, when the requesting attorney has employed a professional photocopier or anyone identified in Section 22451 of the Business and Professions Code as his or her representative to obtain or review the records on his or her behalf. The presentation of the authorization by the agent on behalf of the attorney shall be sufficient proof that the agent is the attorney’s representative. +(d) Failure to make the records available during business hours, within five days after the presentation of the written authorization, may subject the medical provider having custody or control of the records to liability for all reasonable expenses, including attorney’s fees, incurred in any proceeding to enforce this section. +(e) (1) All reasonable costs incurred by a medical provider in making patient records available pursuant to this section may be charged against the attorney who requested the records. +(2) “Reasonable cost,” as used in this section, shall include, but not be limited to, the following specific costs: ten cents ($0.10) per page for standard reproduction of documents of a size 8 +1/2 +by 14 inches or less; twenty cents ($0.20) per page for copying of documents from microfilm; actual costs for the reproduction of oversize documents or the reproduction of documents requiring special processing which are made in response to an authorization; reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of sixteen dollars ($16) per hour per person, computed on the basis of four dollars ($4) per quarter hour or fraction thereof; actual postage charges; and actual costs, if any, charged to the witness by a third person for the retrieval and return of records held by that third person. +(f) If the records are delivered to the attorney or the attorney’s representative for inspection or photocopying at the record custodian’s place of business, the only fee for complying with the authorization shall not exceed fifteen dollars ($15), plus actual costs, if any, charged to the record custodian by a third person for retrieval and return of records held offsite by the third person. +(g) If the records requested pursuant to subdivision (b) are maintained electronically and if the requesting party requests an electronic copy of such information, the medical provider shall provide the requested medical records in the electronic form and format requested by the requesting party, if it is readily producible in such form and format, or, if not, in a readable form and format as agreed to by the medical provider and the requesting party. +(h) A medical provider shall accept a signed and completed authorization form for the disclosure of health information if both of the following conditions are satisfied: +(1) The medical provider determines that the form is valid. +(2) The form is printed in a typeface no smaller than 14-point type and is in substantially the following form: +AUTHORIZATION FOR DISCLOSURE OF HEALTH INFORMATION PURSUANT TO EVIDENCE CODE SECTION 1158 +The undersigned authorizes the medical provider designated below to disclose specified medical records to a designated recipient. The medical provider shall not condition treatment, payment, enrollment, or eligibility for benefits on the submission of this authorization. +Medical provider: ________________ + + +Patient name: ________________ +Medical record number: ________________ +Date of birth: ________________ +Address: ________________ +Telephone number: ________________ +Email: ________________ + + +Recipient name: ________________ +Recipient address: ________________ +Recipient telephone number: ________________ +Recipient email: ________________ + + +Health information requested (check all that apply): +___Records dated from ________ to ________. +___Radiology records: ________ images or films ________ reports________digital/CD, if available. +___Laboratory results dated. +___Laboratory results regarding specific test(s) only (specify)________. +___All records. +___Records related to a specific injury, treatment, or other purpose (specify): ________________. + + +Note: records may include information related to mental health, alcohol or drug use, and HIV or AIDS. However, treatment records from mental health and alcohol or drug departments and results of HIV tests will not be disclosed unless specifically requested (check all that apply): + + +___Mental health records. +___Alcohol or drug records. +___HIV test results. + + +Method of delivery of requested records: +___Mail +___Pick up +___Electronic delivery, recipient email:________________ + + +This authorization is effective for one year from the date of the signature unless a different date is specified here: ________________. + + +This authorization may be revoked upon written request, but any revocation will not apply to information disclosed before receipt of the written request. + + +A copy of this authorization is as valid as the original. The undersigned has the right to receive a copy of this authorization. + + +Notice: Once the requested health information is disclosed, any disclosure of the information by the recipient may no longer be protected under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). + + +Patient signature*: ________________ +Date: ________________ +Print name: ________________ + + +*If not signed by the patient, please indicate relationship to the patient (check one, if applicable): + + +___Parent or guardian of minor patient who could not have consented to health care. +___Guardian or conservator of an incompetent patient. +___Beneficiary or personal representative of deceased patient.","Existing law requires certain enumerated medical providers and medical employers to make a patient’s records available for inspection and copying by an attorney, or his or her representative, who presents a written authorization therefor, as specified. +This bill would require a medical provider or attorney, as defined, to provide an electronic copy of a medical record that is maintained electronically, upon request. The bill would also require a medical provider to accept a prescribed authorization form once completed and signed by the patient if the medical provider determines that the form is valid.","An act to amend Section 1158 of the Evidence Code, relating to evidence." +795,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 35400 of the Vehicle Code is amended to read: +35400. +(a) A vehicle may not exceed a length of 40 feet. +(b) This section does not apply to any of the following: +(1) A vehicle used in a combination of vehicles when the excess length is caused by auxiliary parts, equipment, or machinery not used as space to carry any part of the load, except that the combination of vehicles shall not exceed the length provided for combination vehicles. +(2) A vehicle, when the excess length is caused by any parts necessary to comply with the fender and mudguard regulations of this code. +(3) (A) An articulated bus or articulated trolley coach that does not exceed a length of 60 feet. +(B) An articulated bus or articulated trolley coach described in subparagraph (A) may be equipped with a folding device attached to the front of the bus or trolley if the device is designed and used exclusively for transporting bicycles. The device, including any bicycles transported thereon, shall be mounted in a manner that does not materially affect efficiency or visibility of vehicle safety equipment, and shall not extend more than 36 inches from the front body of the bus or trolley coach when fully deployed. The handlebars of a bicycle that is transported on a device described in this subparagraph shall not extend more than 42 inches from the front of the bus. +(4) A semitrailer while being towed by a motortruck or truck tractor, if the distance from the kingpin to the rearmost axle of the semitrailer does not exceed 40 feet for semitrailers having two or more axles, or 38 feet for semitrailers having one axle if the semitrailer does not, exclusive of attachments, extend forward of the rear of the cab of the motortruck or truck tractor. +(5) A bus or house car when the excess length is caused by the projection of a front safety bumper or a rear safety bumper, or both. The safety bumper shall not cause the length of the vehicle to exceed the maximum legal limit by more than one foot in the front and one foot in the rear. For the purposes of this chapter, “safety bumper” means any device that is fitted on an existing bumper or which replaces the bumper and is constructed, treated, or manufactured to absorb energy upon impact. +(6) A schoolbus, when the excess length is caused by the projection of a crossing control arm. For the purposes of this chapter, “crossing control arm” means an extendable and retractable device fitted to the front of a schoolbus that is designed to impede movement of pupils exiting the schoolbus directly in front of the schoolbus so that pupils are visible to the driver while they are moving in front of the schoolbus. An operator of a schoolbus shall not extend a crossing control arm while the schoolbus is in motion. Except when activated, a crossing control arm shall not cause the maximum length of the schoolbus to be extended by more than 10 inches, inclusive of any front safety bumper. Use of a crossing control arm by the operator of a schoolbus does not, in and of itself, fulfill his or her responsibility to ensure the safety of students crossing a highway or private road pursuant to Section 22112. +(7) A bus, when the excess length is caused by a device, located in front of the front axle, for lifting wheelchairs into the bus. That device shall not cause the length of the bus to be extended by more than 18 inches, inclusive of any front safety bumper. +(8) A bus, when the excess length is caused by a device attached to the rear of the bus designed and used exclusively for the transporting of bicycles. This device may be up to 10 feet in length, if the device, along with any other device permitted pursuant to this section, does not cause the total length of the bus, including any device or load, to exceed 50 feet. +(9) A bus operated by a public agency or a passenger stage corporation, as defined in Section 226 of the Public Utilities Code, used in transit system service, other than a schoolbus, when the excess length is caused by a folding device attached to the front of the bus which is designed and used exclusively for transporting bicycles. The device, including any bicycles transported thereon, shall be mounted in a manner that does not materially affect efficiency or visibility of vehicle safety equipment, and shall not extend more than 40 inches from the front +body +of the bus when fully deployed. The handlebars of a bicycle that is transported on a device described in this paragraph shall not extend more than 46 inches from the front of the bus. A device described in this paragraph may not be used on a bus that, exclusive of the device, exceeds 40 feet in length or on a bus having a device attached to the rear of the bus pursuant to paragraph (8). +(10) (A) A bus of a length of up to 45 feet when operating on those highways specified in subdivision (a) of Section 35401.5. The Department of Transportation or local authorities, with respect to highways under their respective jurisdictions, may not deny reasonable access to a bus of a length of up to 45 feet between the highways specified in subdivision (a) of Section 35401.5 and points of loading and unloading for motor carriers of passengers as required by the federal Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240). +(B) A bus operated by a public agency and on those highways specified in subparagraph (A) may be equipped with a folding device attached to the front of the bus that is designed and used exclusively for transporting bicycles. The device, including all bicycles transported thereon, may be mounted in a manner that does not materially affect efficiency or visibility of vehicle safety equipment, and may not extend more than 36 inches from the front body of the bus when fully deployed. The handlebars of a bicycle that is transported on a device described in this subparagraph may not extend more than 42 inches from the front of the bus. The total length of the bus, including the folding device or load, may not exceed 48.5 feet. A Route Review Committee, established under this subparagraph, shall review the routes where a public agency proposes to operate a 45-foot bus equipped with a front-mounted bicycle rack. The Route Review Committee shall be comprised of one member from the public agency appointed by the general manager of the public agency; one member who is a traffic engineer and is employed and selected by the public agency that has jurisdiction over the largest proportional share of routes among all affected agencies; and one member appointed by the labor organization that is the exclusive representative of the bus drivers of the public agency. If there is no exclusive representative of the bus drivers, a bus driver member shall be chosen by a majority vote of the bus drivers employed by the agency. The members of the Route Review Committee shall be selected not more than 30 days after receipt of a public agency proposal to equip a 45-foot bus with a front-mounted bicycle rack. The review shall include a field review of the proposed routes. The purpose of the Route Review Committee is to ensure the safe operation of a 45-foot bus that is equipped with a front-mounted bicycle rack. The Route Review Committee, by a unanimous vote, shall make a determination of which routes are suitable for the safe operation of a 45-foot bus that is equipped with a front-mounted bicycle rack. These determinations shall be consistent with the operating requirements specified in subparagraph (A). It is the intent of the Legislature that the field review required under this subparagraph include consultation with traffic engineers from affected public agencies that have jurisdiction over segments of the route or routes under review, to ensure coordination with all affected state and local public road agencies that may potentially be impacted due to the operation of a 45-foot bus with a front-mounted bicycle rack. +(11) (A) A house car of a length of up to 45 feet when operating on the National System of Interstate and Defense Highways or when using those portions of federal aid primary system highways that have been qualified by the United States Secretary of Transportation for that use, or when using routes appropriately identified by the Department of Transportation or local authorities, with respect to highways under their respective jurisdictions. +(B) A house car described in subparagraph (A) may be operated on a highway that provides reasonable access to facilities for purposes limited to fuel, food, and lodging when that access is consistent with the safe operation of the vehicle and when the facility is within one road mile of identified points of ingress and egress to or from highways specified in subparagraph (A) for use by that vehicle. +(C) As used in this paragraph and paragraph (10), “reasonable access” means access substantially similar to that authorized for combinations of vehicles pursuant to subdivision (c) of Section 35401.5. +(D) Any access route established by a local authority pursuant to subdivision (d) of Section 35401.5 is open for access by a house car of a length of up to 45 feet. In addition, local authorities may establish a process whereby access to services by house cars of a length of up to 45 feet may be applied for upon a route not previously established as an access route. The denial of a request for access to services shall be only on the basis of safety and an engineering analysis of the proposed access route. In lieu of processing an access application, local authorities, with respect to highways under their jurisdiction, may provide signing, mapping, or a listing of highways, as necessary, to indicate the use of these specific routes by a house car of a length of up to 45 feet. +(c) The Legislature, by increasing the maximum permissible kingpin to rearmost axle distance to 40 feet effective January 1, 1987, as provided in paragraph (4) of subdivision (b), does not intend this action to be considered a precedent for any future increases in truck size and length limitations. +(d) Any transit bus equipped with a folding device installed on or after January 1, 1999, that is permitted under subparagraph (B) of paragraph (3) of subdivision (b) or under paragraph (9) of subdivision (b) shall be additionally equipped with any of the following: +(1) An indicator light that is visible to the driver and is activated whenever the folding device is in an extended position. +(2) Any other device or mechanism that provides notice to the driver that the folding device is in an extended position. +(3) A mechanism that causes the folding device to retract automatically from an extended position. +(e) (1) A person may not improperly or unsafely mount a bicycle on a device described in subparagraph (B) of paragraph (3) of subdivision (b), or in paragraph (9) or (10) of subdivision (b). +(2) Notwithstanding subdivision (a) of Section 23114 or subdivision (a) of Section 24002 or any other provision of law, when a bicycle is improperly or unsafely loaded by a passenger onto a transit bus, the passenger, and not the driver, is liable for any violation of this code that is attributable to the improper or unlawful loading of the bicycle. +SECTION 1. +Section 37420.5 is added to the +Government Code +, to read: +37420.5. +(a)The City of Montebello may sell all or part of its water utility pursuant to this article as provided in Section 10051.5 of the Public Utilities Code. +(b)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date. +SEC. 2. +Section 10051.5 is added to the +Public Utilities Code +, to read: +10051.5. +(a)Notwithstanding any other provision of this article, the City of Montebello may sell all or part of its water utility property pursuant to Article 3 (commencing with Section 37420) of Chapter 5 of Part 2 of Division 3 of Title 4 of the Government Code, subject and pursuant to the following additional provisions, limitations, and requirements: +(1)The governing body of the city shall not sell the water utility property for less than its fair market value determined as set forth in the Public Water System Investment and Consolidation Act of 1997 (Chapter 2.5 (commencing with Section 2718) of Part 2 of Division 1). +(2)A majority of the members of the governing body of the city must approve the sale. +(3)The entity acquiring the water utility property shall be a public utility, as defined in Section 216, which is presently authorized by the commission to provide water utility service within the corporate limits of the city pursuant to a certificate of public convenience and necessity and the area of the one or more certificates includes or surrounds all or part of the city’s water utility system. +(4)As a condition of acquiring the city’s water system, the acquiring public utility shall file a revised service area map with the commission that shows the area formerly served through the city’s water utility system as part of the acquiring public utility’s service area. The acquiring public utility shall submit the map by filing a tier-one advice letter with the commission and, upon this filing, shall be deemed authorized and bound to render public utility water service to all persons in the area formerly served through the city’s water utility system on the same terms, conditions, and rates that the commission has found to be just and reasonable for the acquiring public utility’s other customers in the city. +(b)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date. +SEC. 3. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances applicable to the City of Montebello. The City Council of the City of Montebello believes it is no longer in the public interest to own and operate all or part of a water utility and desires to sell its water utility. However, the city would be unable to do so in a timely manner because the Legislature has enacted statutes that may conflict with one another and with the City of Montebello’s urgent financial requirements, thereby preventing the City of Montebello from selling and the acquiring public utility from purchasing the water utility without an election and performance of other procedures. In order to clearly state the law with respect to the City of Montebello, a special statute is needed and a general statute cannot be made applicable. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +The City of Montebello’s water utility infrastructure is aging and is experiencing numerous leaks and equipment failures. The aging and failing water utility infrastructure impairs the safety and reliability of the city’s water utility system, including its ability to provide water for public fire-fighting purposes. The city’s water utility serves only a small fraction of the city’s residents and is losing money despite significant recent rate increases. The city’s budget and general fund cannot make up for that revenue shortfall or the cost of the urgently needed water supply infrastructure upgrades and repairs of its water utility system. The City of Montebello desires to sell all or part of the city-owned water utility to a public utility capable of operating, managing, and upgrading the water system while financial conditions are favorable to the city, however, the Legislature has adopted statutes governing the sale of municipal property which may conflict with each other and the urgent needs of the city. In order to provide the City of Montebello with the clear statutory authority to sell its water utility without an election as soon as possible, it is necessary that this act take effect immediately.","Existing law imposes a 40-foot limitation on the length of vehicles that may be operated on the highways, with specified exemptions. Existing law exempts from this limitation a bus, except a schoolbus, operated by a public agency or a passenger stage corporation, as defined, used in transit system service if the bus is equipped with a folding device attached to the front of the bus that is designed and used exclusively for transporting bicycles, the device does not materially affect efficiency or visibility of vehicle safety equipment, and the length of the bus, exclusive of that device, does not exceed 40 feet in length. In addition, existing law prohibits, among other things, the above-described device from extending more than 40 inches from the front body of the bus when fully deployed. +This bill would instead prohibit the above-described device from extending more than 40 inches from the front of the bus. +Existing law provides a procedure that is generally applicable for a city to sell its real property. Existing law also establishes specific procedures for the sale of public utility property owned by a municipal corporation with certain provisions applicable to the sale of property of a water utility. +This bill would authorize the City of Montebello to sell all or part of its water utility pursuant to the procedures that are generally applicable to a sale of real property by a city, if certain requirements are met. +This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Montebello. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to +add and repeal Section 37420.5 of the Government Code, and to add and repeal Section 10051.5 of the Public Utilities Code, relating to water utilities, and declaring the urgency thereof, to take effect immediately. +amend Section 35400 of the Vehicle Code, relating to vehicles." +796,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1938 of the Civil Code is amended to read: +1938. +(a) A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after January 1, 2016, whether or not the subject premises have undergone inspection by a Certified Access Specialist (CASp). +(b) If the subject premises have undergone inspection by a CASp and, to the best of the commercial property owner’s or lessor’s knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of the lease or rental agreement which have impacted the subject premises’ compliance with construction-related accessibility standards, the commercial property owner or lessor shall provide, prior to execution of the lease or rental agreement, a copy of any report prepared by the CASp with an agreement from the prospective lessee or tenant that information in the report shall remain confidential, except as necessary for the tenant to complete repairs and corrections of violations of construction-related accessibility standards that the lessee or tenant agrees to make. +(c) If the subject premises have been issued an inspection report by a CASp, as described in paragraph (1) of subdivision (a) of Section 55.53, indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of 55.52, the commercial property owner or lessor shall provide a copy of the current disability access inspection certificate and any inspection report to the lessee or tenant not already provided pursuant to subdivision (b) within seven days of the date of the execution of the lease form or rental agreement. +(d) If the subject premises have not been issued a disability access inspection certificate, as described in subdivision (e) of Section 55.53, the commercial property owner or lessor shall state the following on the lease form or rental agreement: + + +“A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, at the lessee’s or tenant’s expense, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection.” +SEC. 2. +Section 4459.8 of the Government Code is amended to read: +4459.8. +(a) The certification authorized by Section 4459.5 is effective for three years from the date of initial certification and expires if not renewed. The State Architect, upon consideration of any factual complaints regarding the work of a certified access specialist or of other relevant information, may suspend certification or deny renewal of certification. +(b) (1) The State Architect shall require each applicant for certification as a certified access specialist to do both of the following: +(A) Pay fees, including an application and course fee and an examination fee, at a level sufficient to meet the costs of application processing, registration, publishing a list, and other activities that are reasonably necessary to implement and administer the certified access specialist program. +(B) Provide to the State Architect the name of the city, county, or city and county in which the applicant intends to provide services. +(2) The State Architect shall require each applicant for renewal of certification to do both of the following: +(A) Pay a fee sufficient to cover the reasonable costs of reassessing qualifications of renewal applicants. +(B) Provide to the State Architect the name of the city, county, or city and county in which the applicant has provided services since the last day of certification by the State Architect. +(3) The State Architect shall periodically review his or her schedule of fees to ensure that the fees for certification are not excessive while covering the costs to administer the certified access specialist program. The application fee for a California licensed architect, landscape architect, civil engineer, or structural engineer shall not exceed two hundred fifty dollars ($250). +(c) All fees collected pursuant to this section shall be deposited into the Certified Access Specialist Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340, this fund is continuously appropriated without regard to fiscal years for use by the State Architect to implement Sections 4459.5 to 4459.8, inclusive. +(d) The State Architect shall post on his or her Internet Web site the name of the city, county, or city and county in which each certified access specialist provides or intends to provide services. +SEC. 3. +Section 8299.06 of the Government Code is amended to read: +8299.06. +(a) A priority of the commission shall be the development and dissemination of educational materials and information to promote and facilitate disability access compliance. +(b) The commission shall work with other state agencies, including the Division of the State Architect and the Department of Rehabilitation, to develop educational materials and information for use by businesses to understand their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards. +(c) The commission shall develop and make available on its Internet Web site, or make available on its Internet Web site if developed by another governmental agency, including Americans with Disabilities Act centers, toolkits or educational modules to assist a California business to understand its obligations under the law and to facilitate compliance with respect to the top 10 alleged construction-related violations, by type, as specified in subdivision (a) of Section 8299.08. Upon completion of this requirement, the commission shall develop and make available on its Internet Web site, or work with another agency to develop, other toolkits or educational modules that would educate businesses of the accessibility requirements and to facilitate compliance with that requirement. +(d) The commission shall post the following on its Internet Web site: +(1) Educational materials and information that will assist building owners, tenants, building officials, and building inspectors to understand the disability accessibility requirements and to facilitate compliance with disability access laws. The commission shall at least annually review the educational materials and information on disability access requirements and compliance available on the Internet Web sites of other local, state, or federal agencies, including Americans with Disabilities Act centers, to augment the educational materials and information developed by the commission. +(2) A link to the Internet Web site of the Division of the State Architect’s Certified Access Specialist (CASp) Program to assist building owners and tenants in locating or hiring a CASp. +(e) The commission shall, to the extent feasible, coordinate with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete, and make its educational materials and information available to those agencies and departments. +(f) The commission shall establish a permanent legislative outreach coordinator position and a permanent educational outreach coordinator position. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","(1) Existing law requires the State Architect to establish and publicize a program for the voluntary certification by the state of any person who meets specified criteria as a Certified Access Specialist (CASp). Existing law requires each applicant for CASp certification or renewal to pay certain fees, and requires the State Architect to periodically review those fees, as specified. Existing law provides for the deposit of those fees into the Certified Access Specialist Fund, which is continuously appropriated for use by the State Architect to implement the CASp program. +This bill would require applicants for CASp certification or renewal to additionally provide to the State Architect the name of the city, county, or city and county in which the applicant intends to provide or has provided services, and would require the State Architect to post that information on his or her Internet Web site. +(2) Existing law requires a commercial property owner or lessor to state on every lease form or rental agreement executed on or after July 1, 2013, whether the property has been determined by a CASp to meet all applicable construction-related accessibility standards. +This bill, for every lease form or rental agreement executed on or after January 1, 2016, would require the commercial property owner or lessor to provide the lessee or tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, as specified, or would require a statement on the form or agreement that, upon request of the lessee or tenant, the property owner may not prohibit a CASp inspection of the subject premises at the lessee’s or tenant’s expense and that the parties must mutually agree on the arrangements for the time and manner of the inspection. +(3) Existing law establishes the California Commission on Disability Access for purposes of developing recommendations to enable persons with disabilities to exercise their right to full and equal access to public facilities and facilitating business compliance with applicable state and federal laws and regulations. Existing law sets forth the powers and duties of the commission, including, but not limited to, developing educational materials and information for businesses, building owners, tenants, and building officials, posting that information on the commission’s Internet Web site, and coordinating with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete. Existing law provides that those provisions shall not remain operative unless funds are appropriated for those purposes. +This bill would additionally require the commission to provide a link on its Internet Web site to the Internet Web site of the Division of the State Architect’s CASp certification program and to make the commission’s educational materials and information available to other state agencies and local building departments. +(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1938 of the Civil Code, and to amend Sections 4459.8 and 8299.06 of the Government Code, relating to disability access." +797,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1016.2 is added to the Penal Code, to read: +1016.2. +The Legislature finds and declares all of the following: +(a) In Padilla v. Kentucky, 559 U.S. 356 (2010), the United States Supreme Court held that the Sixth Amendment requires defense counsel to provide affirmative and competent advice to noncitizen defendants regarding the potential immigration consequences of their criminal cases. California courts also have held that defense counsel must investigate and advise regarding the immigration consequences of the available dispositions, and should, when consistent with the goals of and informed consent of the defendant, and as consistent with professional standards, defend against adverse immigration consequences (People v. Soriano, 194 Cal.App.3d 1470 (1987), People v. Barocio, 216 Cal.App.3d 99 (1989), People v. Bautista, 115 Cal.App.4th 229 (2004)). +(b) In Padilla v. Kentucky, the United States Supreme Court sanctioned the consideration of immigration consequences by both parties in the plea negotiating process. The court stated that “informed consideration of possible deportation can only benefit both the State and noncitizen defendants during the plea-bargaining process. By bringing deportation consequences into this process, the defense and prosecution may well be able to reach agreements that better satisfy the interests of both parties.” +(c) In Padilla v. Kentucky, the United States Supreme Court found that for noncitizens, deportation is an integral part of the penalty imposed for criminal convictions. Deportation may result from serious offenses or a single minor offense. It may be by far the most serious penalty flowing from the conviction. +(d) With an accurate understanding of immigration consequences, many noncitizen defendants are able to plead to a conviction and sentence that satisfy the prosecution and court, but that have no, or fewer, adverse immigration consequences than the original charge. +(e) Defendants who are misadvised or not advised at all of the immigration consequences of criminal charges often suffer irreparable damage to their current or potential lawful immigration status, resulting in penalties such as mandatory detention, deportation, and permanent separation from close family. In some cases, these consequences could have been avoided had counsel provided informed advice and attempted to defend against such consequences. +(f) Once in removal proceedings, a noncitizen may be transferred to any of over 200 immigration detention facilities across the country. Many criminal offenses trigger mandatory detention, so that the person may not request bond. In immigration proceedings, there is no court-appointed right to counsel and as a result, the majority of detained immigrants go unrepresented. Immigration judges often lack the power to consider whether the person should remain in the United States in light of equitable factors such as serious hardship to United States citizen family members, length of time living in the United States, or rehabilitation. +(g) The immigration consequences of criminal convictions have a particularly strong impact in California. One out of every four persons living in the state is foreign-born. One out of every two children lives in a household headed by at least one foreign-born person. The majority of these children are United States citizens. It is estimated that 50,000 parents of California United States citizen children were deported in a little over two years. Once a person is deported, especially after a criminal conviction, it is extremely unlikely that he or she ever is permitted to return. +(h) It is the intent of the Legislature to codify Padilla v. Kentucky and related California case law and to encourage the growth of such case law in furtherance of justice and the findings and declarations of this section. +SEC. 2. +Section 1016.3 is added to the Penal Code, to read: +1016.3. +(a) Defense counsel shall provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the goals of and with the informed consent of the defendant, and consistent with professional standards, defend against those consequences. +(b) The prosecution, in the interests of justice, and in furtherance of the findings and declarations of Section 1016.2, shall consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution. +(c) This code section shall not be interpreted to change the requirements of Section 1016.5, including the requirement that no defendant shall be required to disclose his or her immigration status to the court. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the court in a noncapital case, if the defendant appears for arraignment without counsel, to inform the defendant that it is his or her right to have counsel before being arraigned and to ask the defendant if he or she desires the assistance of counsel. If the defendant desires and is unable to employ counsel, the court is required to assign counsel to defend him or her as provided. Existing law requires courts, prior to acceptance of a plea of guilty or nolo contendere by a defendant, to inform the defendant that a conviction of the offense charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. +This bill would require defense counsel to provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the goals of and with the informed consent of the defendant, and with professional standards, defend against those consequences. The bill would require the prosecution, in the interests of justice, to consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution. By requiring an increased level of service, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Sections 1016.2 and 1016.3 to the Penal Code, relating to criminal procedure." +798,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 53094 of the Government Code is amended to read: +53094. +(a) Notwithstanding any other provision of this article, this article does not require a school district or county office of education to comply with the zoning ordinances of a county or city unless both of the following have occurred: +(1) The zoning ordinance makes provision for the location of public schools. +(2) The city or county has adopted a general plan. +(b) Notwithstanding subdivision (a), the governing board of a school district or county office of education, that has complied with the requirements of Section 65352.2 of this code and Section 21151.2 of the Public Resources Code, by a vote of two-thirds of its members, may render a city or county zoning ordinance inapplicable to a proposed use of property by the school district or county office of education. The governing board of the school district or county office of education may not take this action when the proposed use of the property by the school district or county office of education is for nonclassroom facilities, including, but not limited to, warehouses, administrative buildings, and automotive storage and repair buildings. +(c) The governing board of the school district or county office of education shall, within 10 days, notify the city or county concerned of any action taken pursuant to subdivision (b). If the governing board has taken this action, the city or county may commence an action in the superior court of the county whose zoning ordinance is involved or in which is situated the city whose zoning ordinance is involved, seeking a review of the action of the governing board of the school district or county office of education to determine whether it was arbitrary and capricious. The city or county shall cause a copy of the complaint to be served on the board. If the court determines that the action was arbitrary and capricious, it shall declare it to be of no force and effect, and the zoning ordinance in question shall be applicable to the use of the property by the school district or county office of education. +SEC. 2. +Section 53097.3 of the Government Code is repealed. +SEC. 3. +Section 53097.3 is added to the Government Code, to read: +53097.3. +(a) Notwithstanding any other provision of this article, a school district or county office of education shall not render a city or county ordinance inapplicable to a charter school facility pursuant to this article, unless the facility is physically located within the geographical jurisdiction of that school district or county office of education. +(b) When a charter school facility is physically located within the geographic jurisdiction of a school district +or county office of education +, the charter school may make a written request for this school district +or county office of education +to render a city or county zoning ordinance inapplicable to a proposed use of the facility by the charter school only to the same extent to which +the +a +school district may render the zoning ordinance inapplicable to a use of property by the school district pursuant to Section 53094. +The notice of inapplicability of a zoning ordinance to a charter school facility shall not exempt a charter school facility that is otherwise subject to compliance with the California Building Standards Code pursuant to subdivision (d) of Section 47610 of the Education Code from compliance with that provision. +Along with the written request, a school district +or county office of education +may require the charter school to provide the school district with any or all of the following: +(1) The address of the charter school facility or documentary evidence that the charter school facility is located within the geographic jurisdiction of the school district +or county office of education +. +(2) A deed, purchase agreement, lease, or similar contractual document to establish that the charter school has control over the charter school facility. +(3) Payment of a reasonable fee not to exceed five hundred dollars ($500) to process the written request. +(c) +(1) +If the requirements of subdivision (b) are met, the school district +or county office of education +shall, within 60 days of receiving the written request and, if required, other items described in subdivision (b), +place the request for notice of zoning inapplicability on the agenda of a public meeting of its governing board, and if so approved by the board, +notify the city or county concerned in writing that the school district +or county board +has rendered a city or county ordinance inapplicable to a charter school facility that is physically located within the geographical jurisdiction of the school district +or county office of education +. +(2) The governing board of the school district or county office of education shall approve the request for notice of zoning inapplicability unless the governing board of the school district or county office of education, in a public meeting, adopts written findings specific to the proposed site that the issuance of a notice of zoning inapplicability will result in the placement of a school facility in a location that will endanger the health and safety of the students of the charter school. +(d) +(1) +If +a charter school requests that a school district issue a notice of zoning inapplicability on behalf of the charter school, and +the school district does not provide the notice of inapplicability within 60 days pursuant to subdivision (c) and the charter school facility is physically located within the geographic jurisdiction of a county office of education, the charter school may +subsequently +request this county office of education to provide the notice of inapplicability to the city or county concerned +, under the same process and standard +as described in subdivision (c) +. +If, after receiving this request, +(2) If +the county office of education does not provide the notice of inapplicability within +60 days of receiving an original request from a charter school, or within +30 days of +the +receiving a +request +that was first submitted to a school district +, the charter school may file an appeal with the State Board of Education. +Notwithstanding +(3) +Notwithstanding +any other +provision of +law, upon receipt of the appeal, the State Board of Education +, within 120 days of receiving the written request shall place the request for notice of zoning inapplicability on the agenda of a public meeting of its governing board, and if +approved by the boards, +shall notify the city or county concerned of the inapplicability of the city or county ordinance to the charter school +facility. +facility, under the same process and standards as required of the school district and county office of education as described in subdivision (c). +(e) A charter school that makes a written request to render a city or county zoning ordinance inapplicable to the proposed use of a facility shall not be required to make any warranties, except that the facility will be used for classrooms and is in the jurisdiction of the school district or county office of education or provide indemnification, bonds, insurance coverage, or any other type of financial assurance as a condition for rendering an ordinance inapplicable to a charter school facility. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law authorizes the governing board of a school district, by a +2/3 +vote of its members, to render a city or county zoning ordinance inapplicable to a proposed use of school district property, except when the proposed use is for nonclassroom facilities. +This bill would extend this authorization to the governing board of a county office of education. +(2) Existing law prohibits a school district from rendering a city or county ordinance inapplicable to a charter school facility, unless the charter school facility is physically located within the geographic jurisdiction of the school district. +This bill would also prohibit a county office of education from rendering a city or county ordinance inapplicable to a charter school facility, unless the charter school is physically located within the geographic jurisdiction of the county office of education. The bill would authorize, when a charter school facility is physically located within the geographic jurisdiction of a school district +or county office of education +, a charter school to make a written request for this school district +or county office of education +to render a city or county zoning ordinance inapplicable to a proposed use of the facility by the charter school, as specified. The bill would authorize the school district +or county office of education +to require specified documentation and payment of a reasonable fee along with this request. The bill would require the school district +or county office of education +to notify the city or county concerned that the school district +or county office of education +has taken this action. The bill would authorize the charter school to request a county office of education to provide the notice if the school district does not within a specified time period. The bill would also authorize the charter school, if the county office of education does not provide the notice within a specified time period, to file an appeal with the State Board of Education, which would be required to notify the city or county concerned of the inapplicability of the city or county ordinance to the charter school facility. By increasing the duties of local officials, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 53094 of, and to repeal and add Section 53097.3 of, the Government Code, relating to zoning ordinances." +799,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) For millennia, fire has shaped and renewed the ecosystems of California’s forestlands. Some of these fires were naturally ignited by lightning, but fire was also an important tool for Native Americans. +(b) For more than a century, states and the federal government have focused on fire suppression. This has resulted in unnaturally high fuel accumulations. Forests that may have normally hosted 50 to 60 trees per acre can now average 350 trees per acre or more. These forest conditions, often combined with prolonged periods of drought, substantially increase the risk of catastrophic wildfire and complicate response efforts. +(c) Historically, fire regimes were frequent, as often as every 3 to 10 years, but burned with far less intensity. Unlike modern catastrophic wildfires, historic forest fires largely burned surface fuels and scattered small groups of trees. In contrast, today’s forest fires often devastate wide swaths of forest, threaten and damage buildings and life, destroy habitat, kill wildlife, and cause severe erosion. +(d) California is expected to see more large fires in the future, which will result in increased greenhouse gas emissions. Some studies suggest that forest-fire-related greenhouse gas emissions could increase by more than 50 percent in the next 70 years. +(e) The 2013 Rim Fire burned over 250,000 acres over 69 days and caused hundreds of millions of dollars in economic and environmental damage; destroyed significant habitat for a number of California’s rarest animals; and demanded more than $125 million in firefighting costs. It is estimated that the Rim Fire released over 11 million metric tons of greenhouse gases, which is equivalent to the annual emissions of 2.3 million cars. Experts have attributed the fire’s exponential growth to a century’s worth of fuel left behind due to historical fire suppression policies. +(f) The 2007 Angora Fire resulted in roughly 143,000 tons of greenhouse gas emissions, or approximately 46.2 tons per acre. Studies indicate that those emissions could have been lowered to 12 tons per acre if the tree density was reduced from approximately 273 trees per acre to the natural 60 trees per acre level. +(g) To avoid these greenhouse gas emissions, we must focus our efforts on reducing the risk and intensity of catastrophic wildfires. +SEC. 2. +Section 38552 is added to the Health and Safety Code, to read: +38552. +(a) No later than January 1, 2017, the state board, in consultation with the Department of Forestry and Fire Protection, shall estimate the annual greenhouse gas emissions associated with wildfires in California between the years 1990 and 2015, inclusive. To ensure the most accurate determination feasible, the state board shall evaluate the best available information on greenhouse gas emissions associated with wildfires. +(b) No later than January 1, 2017, the state board shall develop an emissions baseline for wildfires by calculating the average of the annual greenhouse gas emissions associated with wildfires between the years 1990 and 2015, inclusive. +(c) No later than July 1, 2017, and every year thereafter, the state board and the Department of Forestry and Fire Protection shall annually approximate the greenhouse gas emissions associated with wildfires during the prior calendar year. +(d) In performing the requirements pursuant to this section, the state board and the Department of Forestry and Fire Protection shall consider and separately quantify emissions associated with fires originating on federally managed lands and evaluate whether those emissions were exacerbated by management activities utilized on those lands. +SEC. 3. +Section 39719 of the Health and Safety Code is amended to read: +39719. +(a) The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712. +(b) To carry out a portion of the requirements of subdivision (a), annual proceeds are continuously appropriated for the following: +(1) Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as following: +(A) Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code. +(B) Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. +Funds +Moneys +shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code. +(C) Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual +proceeds, +proceeds +shall be expended for affordable housing, consistent with the provisions of that program. +(2) Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code: +(A) Acquisition and construction costs of the project. +(B) Environmental review and design costs of the project. +(C) Other capital costs of the project. +(D) Repayment of any loans made to the authority to fund the project. +(3) Beginning with the 2016–17 fiscal year and notwithstanding Section 13340 of the Government Code, one hundred million dollars ($100,000,000) is hereby continuously appropriated to the Department of Forestry and Fire Protection from the fund, for the purposes of reducing greenhouse gas emissions by preventing the incidence and reducing the intensity of catastrophic wildfires, by any of the following methods: +(A) Vegetation management and brush clearance. +(B) Biomass energy incentives. +(C) Incentives for private actions to reduce the risk or intensity of wildfires or improve the resiliency of those lands. +(D) Reforestation of lands that have previously been burned in a catastrophic wildfire. +(c) In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the +funds +moneys +subject to Section 39719.1 shall not be included. +SEC. 4. +Chapter 7.5 (commencing with Section 4495) is added to Part 2 of Division 4 of the Public Resources Code, to read: +CHAPTER 7.5. Wildfires and Greenhouse Gas Emissions +4495. +(a) No later than July 1, 2017, the department shall, after one or more public workshops, with public notice, and an opportunity for all interested parties to comment, develop and begin implementation of strategies to reduce by 2035 the preceding five-year average of greenhouse gas emissions associated with wildfires by 20 percent below the greenhouse gas emissions baseline established pursuant to subdivision (b) of Section 38552 of the Health and Safety Code. +(b) The strategies developed and implemented pursuant to subdivision (a) may include, but are not limited to, any of the following: +(1) Vegetation management and brush clearance. +(2) Biomass energy incentives. +(3) Incentives for private actions to reduce the risk or intensity of wildfires or improve the resiliency of those lands. +(4) Reforestation of lands that have previously been burned in a catastrophic wildfire. +(5) Agreements between the federal government and the department to undertake identified strategies.","Existing law requires the Department of Forestry and Fire Protection to implement various fire prevention programs in the state and to provide fire suppression service in the event of wildfires in forest resources and timberlands. +The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. +This bill would require the state board, in consultation with the department, no later than January 1, 2017, to estimate the annual greenhouse gas emissions associated with wildfires in California between the years 1990 and 2015, inclusive. The bill would require the state board to develop, no later than January 1, 2017, an emissions baseline for wildfires by calculating the average of the annual greenhouse gas emissions associated with wildfires between the years 1990 and 2015, inclusive. The bill would require the state board and the department to annually approximate, no later than July 1, 2017, and every year thereafter, the greenhouse gas emissions associated with wildfires during the prior calendar year. +This bill, beginning with the 2016–17 fiscal year, would continuously appropriate $100,000,000 to the department from the Greenhouse Gas Reduction Fund for specified activities that have the purpose of reducing greenhouse gas emissions by preventing the incidence of and reducing the intensity of catastrophic wildfires. +This bill would require the department, no later than July 1, 2017, after one or more specified public workshops, to develop and begin implementation of strategies to reduce by 2035 the preceding 5-year average of greenhouse gas emissions associated with wildfires by 20 percent below the greenhouse gas emissions baseline described above.","An act to amend Section 39719 of, and to add Section 38552 to, the Health and Safety Code, and to add Chapter 7.5 (commencing with Section 4495) to Part 2 of Division 4 of the Public Resources Code, relating to wildfires, and making an appropriation therefor." diff --git a/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-4.csv b/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-4.csv new file mode 100644 index 0000000000..cab8e3111f --- /dev/null +++ b/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-4.csv @@ -0,0 +1,11552 @@ +Unnamed: 0,text,summary,title +800,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 9204 is added to the Public Contract Code, to read: +9204. +(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on public works in the state that is complete and not in dispute is paid in full and in a timely manner. +(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to all claims by contractors in connection with public works. +(c) For purposes of this section: +(1) “Claim” means a separate demand by the contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: +(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a public works contract. +(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. +(C) Payment of an amount that is disputed by the public entity. +(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for public works. +(3) (A) “Public entity” means, without limitation, a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. +(B) “Public entity” shall not include the following: +(i) The Department of Water Resources as to any project under the jurisdiction of that department. +(ii) The Division of Boating and Waterways in the Department of Parks and Recreation as to any project under the jurisdiction of that division pursuant to Article 2.5 (commencing with Section 65) of Chapter 2 of Division 1 of the Harbors and Navigation Code. +(iii) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. +(iv) The Military Department as to any project under the jurisdiction of that department. +(v) The Department of General Services as to all other projects. +(vi) The High-Speed Rail Authority. +(4) “Public work” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. +(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. +(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. +(B) The claimant shall furnish reasonable documentation to support the claim. +(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. +(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. +(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. +(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. +(C) For purposes of this section, mediation includes any nonbinding process, such as neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. +(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. +(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. +(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. +(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. +(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. +(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. +(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity in its public works contracts may include dispute resolution provisions that comply with this section, including the timeframes set forth herein, and that prescribe additional reasonable and equitable terms regarding actions or procedures to be taken by the parties. +(g) This section applies to contracts entered into on or after January 1, 2016. +(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. +(i) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law prescribes various requirements regarding the formation, content, and enforcement of state and local public contracts. Existing law applicable to state public contracts generally requires that the resolution of claims related to those contracts be subject to arbitration. Existing law applicable to local agency contracts prescribes a process for the resolution of claims related to those contracts of $375,000 or less. +This bill would establish, for contracts entered into on or after January 1, 2016, a claim resolution process applicable to all claims by contractors in connection with public works. The bill would define a claim as a separate demand by the contractor for one or more of the following: a time extension for relief from damages or penalties for delay, payment of money or damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed by the public entity, as specified. +The bill would require a public entity, defined to exclude certain state entities, upon receipt of a claim sent by registered or certified mail, to review it and, within 45 days, provide a written statement identifying the disputed and undisputed portions of the claim. The 45-day period may be extended by mutual agreement. The bill would require any payment due on an undisputed portion of the claim to be processed within 60 days, as specified. The bill, if the public entity fails to issue the written statement, would require that the claim be deemed rejected in its entirety. The bill would authorize, if the claimant disputes the public entity’s written response or if the public entity fails to respond to a claim within the time prescribed, the claimant to demand to meet and confer for settlement of the issues in dispute. The bill would require any disputed portion of the claim that remains in dispute after the meet and confer conference to be subject to nonbinding mediation, as specified. The bill would provide that unpaid claim amounts accrue interest at 7% per annum. The bill would prescribe a procedure by which a subcontractor or lower tier contractor may make a claim through the contractor. The bill would require the text of these provisions or a summary of them to be set forth in the plans or specifications for any public work which may give rise to a claim. The bill would specify that a waiver of the rights granted by its provisions is void and contrary to public policy, except as specified. The bill would also specify that it does not impose liability on a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. By increasing the duties of local agencies and officials, this bill would impose a state-mandated local program. +This bill would, on January 1, 2019, repeal the provision establishing the claim resolution process. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add and repeal Section 9204 of the Public Contract Code, relating to public contracts." +801,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1000 of the Penal Code is amended to read: +1000. +(a) This chapter shall apply whenever a case is before any court upon an accusatory pleading for a violation of Section 11350, 11357, 11364, or 11365, paragraph (2) of subdivision (b) of Section 11375, Section 11377, or Section 11550 of the Health and Safety Code, or subdivision (b) of Section 23222 of the Vehicle Code, or Section 11358 of the Health and Safety Code if the marijuana planted, cultivated, harvested, dried, or processed is for personal use, or Section 11368 of the Health and Safety Code if the narcotic drug was secured by a fictitious prescription and is for the personal use of the defendant and was not sold or furnished to another, or subdivision (d) of Section 653f if the solicitation was for acts directed to personal use only, or Section 381 or subdivision (f) of Section 647 of the Penal Code, if for being under the influence of a controlled substance, or Section 4060 of the Business and Professions Code, and it appears to the prosecuting attorney that, except as provided in subdivision (b) of Section 11357 of the Health and Safety Code, all of the following apply to the defendant: +(1) The defendant has no prior conviction within five years prior to the alleged commission of the charged offense for any offense involving controlled substances other than the offenses listed in this subdivision. +(2) The offense charged did not involve a crime of violence or threatened violence. +(3) There is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation of the sections listed in this subdivision. +(4) The defendant has no prior conviction within five years prior to the alleged commission of the charged offense for a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5. +(b) The prosecuting attorney shall review his or her file to determine whether or not paragraphs (1) to (4), inclusive, of subdivision (a) apply to the defendant. If the defendant is found eligible, the prosecuting attorney shall file with the court a declaration in writing or state for the record the grounds upon which the determination is based, and shall make this information available to the defendant and his or her attorney. This procedure is intended to allow the court to set the hearing for pretrial diversion at the arraignment. If the defendant is found ineligible for pretrial diversion, the prosecuting attorney shall file with the court a declaration in writing or state for the record the grounds upon which the determination is based, and shall make this information available to the defendant and his or her attorney. The sole remedy of a defendant who is found ineligible for pretrial diversion is a postconviction appeal. +(c) All referrals for pretrial diversion granted by the court pursuant to this chapter shall be made only to programs that have been certified by the county drug program administrator pursuant to Chapter 1.5 (commencing with Section 1211) of Title 8, or to programs that provide services at no cost to the participant and have been deemed by the court and the county drug program administrator to be credible and effective. The defendant may request to be referred to a program in any county, as long as that program meets the criteria set forth in this subdivision. +(d) Pretrial diversion for an alleged violation of Section 11368 of the Health and Safety Code shall not prohibit any administrative agency from taking disciplinary action against a licensee or from denying a license. Nothing in this subdivision shall be construed to expand or restrict the provisions of Section 1000.4. +(e) Any defendant who is participating in a program referred to in this section may be required to undergo analysis of his or her urine for the purpose of testing for the presence of any drug as part of the program. However, urinalysis results shall not be admissible as a basis for any new criminal prosecution or proceeding. +SEC. 2. +Section 1000.1 of the Penal Code is amended to read: +1000.1. +(a) If the prosecuting attorney determines that this chapter may be applicable to the defendant, he or she shall advise the defendant and his or her attorney in writing of that determination. This notification shall include all of the following: +(1) A full description of the procedures for pretrial diversion. +(2) A general explanation of the roles and authorities of the probation department, the prosecuting attorney, the program, and the court in the process. +(3) A clear statement that the court may grant pretrial diversion with respect to any crime specified in subdivision (a) of Section 1000 that is charged, provided that the defendant pleads not guilty to the charge or charges, waives the right to a speedy trial and to a speedy preliminary hearing, if applicable, and that upon the defendant’s successful completion of a program, as specified in subdivision (c) of Section 1000, the positive recommendation of the program authority and the motion of the defendant, prosecuting attorney, the court, or the probation department, but no sooner than six months and no later than one year from the date of the defendant’s referral to the program, the court shall dismiss the charge or charges against the defendant. +(4) A clear statement that upon any failure of treatment or condition under the program, or any circumstance specified in Section 1000.3, the prosecuting attorney or the probation department or the court on its own may make a motion to the court to terminate pretrial diversion and schedule further proceedings as otherwise provided in this code. +(5) An explanation of criminal record retention and disposition resulting from participation in the pretrial diversion program and the defendant’s rights relative to answering questions about his or her arrest and pretrial diversion following successful completion of the program. +(b) If the defendant consents and waives his or her right to a speedy trial and a speedy preliminary hearing, if applicable, the court may refer the case to the probation department or the court may summarily grant pretrial diversion. When directed by the court, the probation department shall make an investigation and take into consideration the defendant’s age, employment and service records, educational background, community and family ties, prior controlled substance use, treatment history, if any, demonstrable motivation, and other mitigating factors in determining whether the defendant is a person who would be benefited by education, treatment, or rehabilitation. The probation department shall also determine which programs the defendant would benefit from and which programs would accept the defendant. The probation department shall report its findings and recommendations to the court. The court shall make the final determination regarding education, treatment, or rehabilitation for the defendant. If the court determines that it is appropriate, the court shall grant pretrial diversion if the defendant pleads not guilty to the charge or charges and waives the right to a speedy trial and to a speedy preliminary hearing, if applicable. +(c) (1) No statement, or any information procured therefrom, made by the defendant to any probation officer or drug treatment worker, that is made during the course of any investigation conducted by the probation department or treatment program pursuant to subdivision (b), and prior to the reporting of the probation department’s findings and recommendations to the court, shall be admissible in any action or proceeding brought subsequent to the investigation. +(2) No statement, or any information procured therefrom, with respect to the specific offense with which the defendant is charged, that is made to any probation officer or drug program worker subsequent to the granting of pretrial diversion shall be admissible in any action or proceeding. +(d) A defendant’s participation in pretrial diversion pursuant to this chapter shall not constitute a conviction or an admission of guilt for any purpose. +SEC. 3. +Section 1000.2 of the Penal Code is amended to read: +1000.2. +(a) The court shall hold a hearing and, after consideration of any information relevant to its decision, shall determine if the defendant consents to further proceedings under this chapter and if the defendant should be granted pretrial diversion. If the defendant does not consent to participate in pretrial diversion the proceedings shall continue as in any other case. +(b) At the time that pretrial diversion is granted, any bail bond or undertaking, or deposit in lieu thereof, on file by or on behalf of the defendant shall be exonerated, and the court shall enter an order so directing. +(c) The period during which pretrial diversion is granted shall be for no less than six months nor longer than one year. However, the defendant may request, and the court shall grant, for good cause shown, an extension of time to complete a program specified in subdivision (c) of Section 1000. Progress reports shall be filed by the probation department with the court as directed by the court. +SEC. 4. +Section 1000.3 of the Penal Code is amended to read: +1000.3. +(a) If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned program, or that the defendant is convicted of an offense that reflects the defendant’s propensity for violence, or the defendant is convicted of a felony, the prosecuting attorney, the court on its own, or the probation department may make a motion for termination from pretrial diversion. +(b) After notice to the defendant, the court shall hold a hearing to determine whether pretrial diversion shall be terminated. +(c) If the court finds that the defendant is not performing satisfactorily in the assigned program, or the court finds that the defendant has been convicted of a crime as indicated in subdivision (a) the court shall schedule the matter for further proceedings as otherwise provided in this code. +(d) If the defendant has completed pretrial diversion, at the end of that period, the criminal charge or charges shall be dismissed. +(e) Prior to dismissing the charge or charges or terminating pretrial diversion, the court shall consider the defendant’s ability to pay and whether the defendant has paid a diversion restitution fee pursuant to Section 1001.90, if ordered, and has met his or her financial obligation to the program, if any. As provided in Section 1203.1b, the defendant shall reimburse the probation department for the reasonable cost of any program investigation or progress report filed with the court as directed pursuant to Sections 1000.1 and 1000.2. +SEC. 5. +Section 1000.4 of the Penal Code is amended to read: +1000.4. +(a) Any record filed with the Department of Justice shall indicate the disposition in those cases referred to pretrial diversion pursuant to this chapter. Upon successful completion of a pretrial diversion program, the arrest upon which the defendant was diverted shall be deemed to have never occurred. The defendant may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or granted pretrial diversion for the offense, except as specified in subdivision (b). A record pertaining to an arrest resulting in successful completion of a pretrial diversion program shall not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate. +(b) The defendant shall be advised that, regardless of his or her successful completion of the pretrial diversion program, the arrest upon which pretrial diversion was based may be disclosed by the Department of Justice in response to any peace officer application request and that, notwithstanding subdivision (a), this section does not relieve him or her of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830. +SEC. 6. +Section 1000.5 of the Penal Code is amended to read: +1000.5. +(a) The presiding judge of the superior court, or a judge designated by the presiding judge, together with the district attorney and the public defender, may agree in writing to establish and conduct a preguilty plea drug court program pursuant to the provisions of this chapter, wherein criminal proceedings are suspended without a plea of guilty for designated defendants. The drug court program shall include a regimen of graduated sanctions and rewards, individual and group therapy, urinalysis testing commensurate with treatment needs, close court monitoring and supervision of progress, educational or vocational counseling as appropriate, and other requirements as agreed to by the presiding judge or his or her designee, the district attorney, and the public defender. If there is no agreement in writing for a preguilty plea program by the presiding judge or his or her designee, the district attorney, and the public defender, the program shall be operated as a pretrial diversion program as provided in this chapter. +(b) The provisions of Section 1000.3 and Section 1000.4 regarding satisfactory and unsatisfactory performance in a program shall apply to preguilty plea programs. If the court finds that (1) the defendant is not performing satisfactorily in the assigned program, (2) the defendant is not benefiting from education, treatment, or rehabilitation, (3) the defendant has been convicted of a crime specified in Section 1000.3, or (4) the defendant has engaged in criminal conduct rendering him or her unsuitable for the preguilty plea program, the court shall reinstate the criminal charge or charges. If the defendant has performed satisfactorily during the period of the preguilty plea program, at the end of that period, the criminal charge or charges shall be dismissed and the provisions of Section 1000.4 shall apply. +SEC. 7. +Section 1000.6 of the Penal Code is amended to read: +1000.6. +(a) Where a person is participating in a pretrial diversion program or a preguilty plea program pursuant to this chapter, the person shall be allowed, under the direction of a licensed health care practitioner, to use medications including, but not limited to, methadone, buprenorphine, or levoalphacetylmethadol (LAAM) to treat substance use disorders if the participant allows release of his or her medical records to the court presiding over the participant’s preguilty plea or pretrial diversion program for the limited purpose of determining whether or not the participant is using such medications under the direction of a licensed health care practitioner and is in compliance with the pretrial diversion or preguilty plea program rules. +(b) If the conditions specified in subdivision (a) are met, using medications to treat substance use disorders shall not be the sole reason for exclusion from a pretrial diversion or preguilty plea program. A patient who uses medications to treat substance use disorders and participates in a preguilty plea or pretrial diversion program shall comply with all court program rules. +(c) A person who is participating in a pretrial diversion program or preguilty plea program pursuant to this chapter who uses medications to treat substance use disorders shall present to the court a declaration from his or her health care practitioner, or his or her health care practitioner’s authorized representative, that the person is currently under their care. +(d) Urinalysis results that only establish that a person described in this section has ingested medication duly prescribed to that person by his or her physician or psychiatrist, or medications used to treat substance use disorders, shall not be considered a violation of the terms of the pretrial diversion or preguilty plea program under this chapter. +(e) Except as provided in subdivisions (a) to (d), inclusive, this section shall not be interpreted to amend any provisions governing diversion programs. +SEC. 8. +Section 1000.7 is added to the Penal Code, immediately following Section 1000.6, to read: +1000.7. +This chapter does not affect a pretrial diversion program provided pursuant to Chapter 2.7 (commencing with Section 1001).","Existing law allows individuals charged with specified crimes to qualify for deferred entry of judgment. A defendant qualifies if he or she has no conviction for any offense involving controlled substances, the charged offense did not involve violence, there is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation that qualifies for the program, the defendant’s record does not indicate that probation or parole has ever been revoked without being completed, and the defendant’s record does not indicate that he or she has been granted diversion, deferred entry of judgment, or was convicted of a felony within 5 years prior to the alleged commission of the charged offense. +Under the existing deferred entry of judgment program, an eligible defendant may have entry of judgment deferred, upon pleading guilty to the offenses charged and entering a drug treatment program for 18 months to 3 years. If the defendant does not perform satisfactorily in the program, does not benefit from the program, is convicted of specified crimes, or engages in criminal activity rendering him or her unsuitable for deferred entry of judgment, the defendant’s guilty plea is entered and the court enters judgment and proceeds to schedule a sentencing hearing. If the defendant completes the program, the criminal charges are dismissed. Existing law allows the presiding judge of the superior court, with the district attorney and public defender, to establish a pretrial diversion drug program. +This bill would make the deferred entry of judgment program a pretrial diversion program. The bill would provide that a defendant qualifies for the pretrial diversion program if he or she has no prior conviction within 5 years prior to the alleged commission of the charged offense for any offense involving controlled substances other than the offense that qualifies him or her for diversion, the charged offense did not involve violence, there is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation that qualifies for the program and the defendant has no prior conviction for a serious or violent felony within 5 years prior to the alleged commission of the charged offense. +Under the pretrial diversion program created by this bill, a qualifying defendant would enter a not guilty plea, and proceedings would be suspended in order for the defendant to enter a drug treatment program for 6 months to one year, or longer if requested by the defendant with good cause. The bill would require the court, if the defendant does not perform satisfactorily in the program or is convicted of specified crimes, to terminate the program and reinstate the criminal proceedings. The bill would require the criminal charges to be dismissed if the defendant completes the program.","An act to amend Sections 1000, 1000.1, 1000.2, 1000.3, 1000.4, 1000.5, and 1000.6 of, and to add Section 1000.7 to, the Penal Code, relating to deferred entry of judgment." +802,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the Equal Pay for Equal Work Act of 2015. +SEC. 2. +(a) The Legislature finds and declares the following: +(1) According to data from the United States Census Bureau, full-time working women, on average, over the last decade, have continued to earn just 77 cents for every dollar a man earns. The wage gap is greater for women of color, with African American women being paid an average of 64 cents for every dollar paid to white, non-Hispanic men in 2013 and Latinas being paid just 56 cents for every dollar paid to white, non-Hispanic men. +(2) This wage disparity amounted to a yearly average wage gap of $10,876 in 2013 between full-time working men and full-time working women. In total, the disparity represents more than $490 billion in lost wages for working women every year. +(3) Disparities in pay for women have numerous negative impacts. This pay differential shortchanges women and their families by thousands of dollars a year and potentially hundreds of thousands of dollars over a lifetime. Nearly 4 in 10 mothers are primary breadwinners in their households, and nearly two-thirds are significant earners, making pay equity critical to the economic security of their families. +(4) Equal pay for equal work is a fundamental precept in our nation and in California. Federal law, including the federal Equal Pay Act of 1963 (Public Law 88-38), Title VII of the Civil Rights Act of 1964 (Public Law 88-352), and Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, specifically prohibits arbitrarily compensating men and women differently for the same work, as does California’s Equal Pay Act. +(5) On August 6, 2014, the United States Department of Labor’s Office of Federal Contract Compliance Programs issued a notice of proposed rulemaking to required covered federal contractors and subcontractors with more than 100 employees to submit an annual equal pay report on employee compensation. In California, state contractors receiving public money are obligated to comply with equal pay laws and should provide the state with aggregate wage data to advance pay equity. +(b) It is the intent of the Legislature in enacting this act to promote pay equity and nondiscrimination in setting pay and making hiring or promotional decisions, and to obtain better data on pay equity to more wholly address the problem. +SEC. 3. +Section 12990 of the Government Code is amended to read: +12990. +(a) Any employer who is, or wishes to become, a contractor with the state for public works or for goods or services is subject to the provisions of this part relating to discrimination in employment and to the nondiscrimination requirements of this section and any rules and regulations that implement it. +(b) (1) (A) (i) Prior to becoming a contractor or subcontractor with the state, an employer with 100 or more employees in the state and a contract of 30 days or more shall submit a nondiscrimination program to the department and shall submit periodic reports, no more than annually, of its compliance with that program. An employer with fewer than 100 employees in the state or a contract of less than 30 days may be required to submit a nondiscrimination program and, if so required, shall comply with the requirements for employers with 100 or more employees in the state. The department may require approval and certification of a nondiscrimination program. The department shall define an employee for the purposes of this paragraph. +(ii) An employee in the construction industry covered by a valid collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime worked, and regular hourly pay of not less than 30 percent of the state minimum wage rate shall be excluded from calculation of the employer’s total number of employees for purposes of this subparagraph. +(B) The changes made to this subdivision made by the act adding this subparagraph shall not be construed to negate an exemption to the requirements of this section in existence on January 1, 2016, created by the department through the exercise of its regulatory authority, or to otherwise require the department to reinterpret the validity of an exemption as a result of these changes. +(2) A nondiscrimination program shall include policies and procedures designed to ensure equal employment opportunities for all applicants and employees, an analysis of employment selection procedures, and a workforce analysis. The workforce analysis shall include the following: +(A) The total number of workers with a specific job category identified by worker race, ethnicity, and sex. +(B) Total wages required to be reported on Internal Revenue Service Form W-2 for all workers in a specific job category identified by worker race, ethnicity, and sex. +(C) The total hours worked on an annual basis for all workers in a specific job category identified by worker race, ethnicity, and sex. Exempt employees shall be presumed to work 40 hours a week for purposes of this reporting requirement. +(c) Every state contract and subcontract for public works or for goods or services shall contain a nondiscrimination clause prohibiting discrimination on the bases enumerated in this part by contractors or subcontractors. The nondiscrimination clause shall contain a provision requiring contractors and subcontractors to give written notice of their obligations under that clause to labor organizations with which they have a collective bargaining or other agreement. These contractual provisions shall be fully and effectively enforced. This subdivision does not apply to a credit card purchase of goods of two thousand five hundred dollars ($2,500) or less. The total amount of exemption authorized herein shall not exceed seven thousand five hundred dollars ($7,500) per year for each company from which a state agency is purchasing goods by credit card. It shall be the responsibility of each state agency to monitor the use of this exemption and adhere to these restrictions on these purchases. +(d) The department shall periodically develop rules and regulations for the application and implementation of this section, and submit them to the council for consideration and adoption in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1. Those rules and regulations shall describe and include, but not be limited to, all of the following: +(1) Procedures for the investigation, approval, certification, decertification, monitoring, and enforcement of nondiscrimination programs. +(2) The size of contracts or subcontracts below which any particular provision of this section shall not apply. +(3) The circumstances, if any, under which a contractor or subcontractor is not subject to this section. +(4) Criteria for determining the appropriate plant, region, division, or other unit of a contractor’s or subcontractor’s operation for which a nondiscrimination program is required. +(5) Procedures for coordinating the nondiscrimination requirements of this section and its implementing rules and regulations with the California Plan for Equal Opportunity in Apprenticeship, with the provisions and implementing regulations of Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, and with comparable federal laws and regulations concerning nondiscrimination, equal employment opportunity, and affirmative action by those who contract with the United States. +(6) The basic principles and standards to guide the department in administering and implementing this section. +(e) Where a contractor or subcontractor is required to prepare an affirmative action, equal employment, or nondiscrimination program subject to review and approval by a federal compliance agency, that program may be filed with the department, instead of any nondiscrimination program regularly required by this section or its implementing rules and regulations. Such a program shall constitute a prima facie demonstration of compliance with this section. Where the department or a federal compliance agency has required the preparation of an affirmative action, equal employment, or nondiscrimination program subject to review and approval by the department or a federal compliance agency, evidence of such a program shall also constitute prima facie compliance with an ordinance or regulation of any city, city and county, or county that requires an employer to submit such a program to a local awarding agency for its approval prior to becoming a contractor or subcontractor with that agency. +(f) Where the department determines and certifies that the provisions of this section or its implementing rules and regulations are violated or determines a contractor or subcontractor is engaging in practices made unlawful under this part, the department may recommend appropriate sanctions to the awarding agency. Any such recommendation shall take into account the severity of the violation or violations and any other penalties, sanctions, or remedies previously imposed.","Existing law subjects an employer who is, or wishes to become, a contractor with the state for public works, or for goods or services, to various nondiscrimination requirements. Existing law authorizes requiring an employer to submit a nondiscrimination program to the Department of Fair Employment and Housing for approval and certification, prior to becoming a contractor or subcontractor with the state, as well as requiring the provision of periodic reports of contractor or subcontractor compliance with that program. +This bill would enact the Equal Pay for Equal Work Act of 2015. The bill would require an employer with 100 or more employees in state, as specified, and a contract of 30 days or more, prior to becoming a contractor or subcontractor with the state, to submit a nondiscrimination program to the Department of Fair Employment and Housing and to submit periodic reports no more than annually of its compliance with that program. The bill would authorize the department to require approval and certification of the program. The bill would permit the department to require an employer with fewer than 100 employees in state or a contract of less than 30 days to submit a nondiscrimination report. The bill would require the department to define an employee for these purposes. The bill would require the nondiscrimination program to include policies and procedures designed to ensure equal employment opportunities for all applicants and employees, an analysis of employment selection procedures, and a workforce analysis, as specified. The bill would specify that its provisions are not to be construed to negate certain exemptions established by regulation that predate its enactment or to require the department to reevaluate the validity of these exemptions, as specified. The bill would make a statement of legislative findings.","An act to amend Section 12990 of the Government Code, relating to discrimination." +803,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 69436 of the Education Code is amended to read: +69436. +(a) A student who was not awarded a Cal Grant A or B award pursuant to Article 2 (commencing with Section 69434) or Article 3 (commencing with Section 69435) at the time of his or her high school graduation but, at the time of transfer from a California community college to a qualifying baccalaureate program, meets all of the criteria set forth in subdivision (b), shall be entitled to a Cal Grant A or B award. +(b) Any California resident transferring from a California community college to a qualifying institution that offers a baccalaureate degree is entitled to receive, and the commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall award, a Cal Grant A or B award depending on the eligibility determined pursuant to subdivision (c), if all of the following criteria are met: +(1) A complete official financial aid application has been submitted or postmarked pursuant to Section 69432.9, no later than the March 2 of the year immediately preceding the award year. +(2) The student demonstrates financial need pursuant to Section 69433. +(3) The student has earned a community college grade point average of at least 2.4 on a 4.0 scale and is eligible to transfer to a qualifying institution that offers a baccalaureate degree. +(4) The student’s household has an income and asset level not exceeding the limits set forth in Section 69432.7. +(5) The student is pursuing a baccalaureate degree that is offered by a qualifying institution. +(6) He or she is enrolled at least part time. +(7) The student meets the general Cal Grant eligibility requirements set forth in Article 1 (commencing with Section 69430). +(8) The student will not be 28 years of age or older by December 31 of the award year. This paragraph does not apply to a current or former member of the Armed Forces of the United States, as defined in Section 66025.8, unless he or she is a former member who received a dishonorable or bad conduct discharge. +(9) The student graduated from a California high school or its equivalent during or after the 2000–01 academic year. +(10) (A) Except as provided for in subparagraph (B), the student attended a California community college in the academic year immediately preceding the academic year for which the award will be used. +(B) A student otherwise eligible to receive an award pursuant to this section, who attended a California community college in the 2011–12 academic year, may use the award for the 2012–13 and 2013–14 academic years. +(c) The amount and type of the award pursuant to this article shall be determined as follows: +(1) For applicants with income and assets at or under the Cal Grant A limits, the award amount shall be the amount established pursuant to Article 2 (commencing with Section 69434). +(2) For applicants with income and assets at or under the Cal Grant B limits, the award amount shall be the amount established pursuant to Article 3 (commencing with Section 69435). +(d) (1) A student meeting the requirements of paragraph (9) of subdivision (b) by means of high school graduation, rather than its equivalent, shall be required to have graduated from a California high school, unless that California resident graduated from a high school outside of California due solely to orders received from a branch of the Armed Forces of the United States, as defined in Section 66025.8, by that student or by that student’s parent or guardian that required that student to be outside of California at the time of high school graduation. +(2) For the purposes of this article, both of the following are exempt from the requirements of subdivision (e) of Section 69433.9 and paragraph (9) of subdivision (b) of this section: +(A) A student for whom a claim under this article was paid prior to December 1, 2005. +(B) A student for whom a claim under this article for the 2004–05 award year or the 2005–06 award year was or is paid on or after December 1, 2005, but no later than October 15, 2006. +(3) (A) The commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall make preliminary awards to all applicants currently eligible for an award under this article. At the time an applicant receives a preliminary award, the commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall require that applicant to affirm, in writing, under penalty of perjury, that he or she meets the requirements set forth in subdivision (e) of Section 69433.9, paragraph (9) of subdivision (b) of this section, and paragraph (1) of this subdivision. The commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall notify each person who receives a preliminary award under this paragraph that his or her award is subject to an audit pursuant to subparagraph (B). +(B) The commission shall select, at random, a minimum of 10 percent of the new and renewal awards made under subparagraph (A), and shall require, prior to the disbursement of Cal Grant funds to the affected postsecondary institution, that the institution verify that the recipient meets the requirements of subdivision (e) of Section 69433.9, paragraph (9) of subdivision (b) of this section, and paragraph (1) of this subdivision. An award that is audited under this paragraph and found to be valid shall not be subject to a subsequent audit. +(C) Pursuant to Section 69517.5, the commission shall seek repayment of any and all funds found to be improperly disbursed under this article. +(D) On or before November 1 of each year, the commission shall submit a report to the Legislature and the Governor including, but not necessarily limited to, both of the following: +(i) The number of awards made under this article in the preceding 12 months. +(ii) The number of new and renewal awards selected, in the preceding 12 months, for verification under subparagraph (B), and the results of that verification with respect to students at the University of California, at the California State University, at independent nonprofit institutions, and at independent for-profit institutions. +(e) An institution shall ensure that it does not accept award funds under both this section and Title 38 of the United States Code in the same award year for a current or former member of the Armed Forces of the United States, as defined in Section 66025.8, who is 28 years of age or older.","Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Cal Grant Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. +Under the California Community College Transfer Cal Grant Entitlement Program, a student who transfers from a California community college to a qualifying institution that offers a baccalaureate degree and who was not awarded a Cal Grant A or B Entitlement award, receives a Cal Grant A or B award if, at the time of the transfer, the student meets specified requirements, among which is a requirement that the student not be 28 years of age or older by December 31 of the award year. +This bill would provide that the requirement that a student not be 28 years or older by December 31 of the award year, as described above, would not apply to a current or former member of the Armed Forces of the United States, as defined, who was seeking a Cal Grant A or B award under this provision, unless he or she is a former member who received a dishonorable or bad conduct discharge. The bill would prohibit a qualifying institution from accepting award funds under the California Community College Transfer Cal Grant Entitlement Program and Title 38 of the United States Code in the same award year for a current or former member of the Armed Forces of the United States who is 28 years of age or older.","An act to amend Section 69436 of the Education Code, relating to student financial aid." +804,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) It is the intent of the Legislature to increase enrollment and graduation rates among students meeting the requirements of Assembly Bill 540 of the 2001–02 Regular Session (Firebaugh, Ch. 814) by requiring the creation of Dream Resource Centers at public institutions of higher education. +(b) It is estimated that each year approximately 65,000 undocumented students graduate from high schools, and while California has been a leader in enacting innovative and bold laws to provide opportunities for undocumented youth to attain higher education, only 20 percent of these students attend college. Many undocumented youth and their families are unaware of recent policy changes, such as the enactment of Assembly Bill 540 of the 2001–02 Regular Session, the California Dream Act of 2011, and the federal Deferred Action for Childhood Arrivals (DACA), that make college graduation more attainable. Currently, the majority of college campuses do not have a centralized location that provides specialized support services and resources for students meeting the requirements of Assembly Bill 540 of the 2001–02 Regular Session. +(c) The creation of Dream Resource Centers would save staff time and resources by streamlining all available financial aid and academic opportunities for students meeting the requirements of Assembly Bill 540 of the 2001–02 Regular Session. These Dream Resource Centers would seek to empower and create a safe and welcoming environment for those students. These centers would increase enrollment, transfer, and graduation rates among this population. +(d) A number of college campuses have acknowledged the needs and challenges of these students and have created Dream Resource Centers. These include: the University of California, Los Angeles; the University of California, Davis; the California State University, Los Angeles; the California State University, Fullerton; and the California State University, Northridge. These centers provide, among other things, informational workshops, legal clinics, information on programs available to undocumented immigrants, and peer mentoring and support services to increase awareness of existing programs and available resources, enhance professional development, and increase employment opportunities. +SEC. 2. +Chapter 3.67 (commencing with Section 44778) is added to Part 25 of Division 3 of Title 2 of the Education Code, to read: +are encouraged to designate a Dream Resource Liaison on each of their campuses, as specified in subdivision (b), to assist students meeting the requirements set forth in Section 68130.5 by streamlining access to all available financial aid and academic opportunities for those students. +(b) (1) Each campus of the California Community Colleges +shall +is encouraged to +ensure that it has a staff person designated as a Dream Resource Liaison who is knowledgeable in available financial aid, services, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus’ extended +opportunities +opportunity +programs and services office or financial aid office. +(2) Each campus of the California State University +shall +is encouraged to +ensure that it has a staff person designated as a Dream Resource Liaison who is knowledgeable in available financial aid, services, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus’ educational +opportunities +opportunity +programs +and services +office or financial aid office. +(3) The University of California is +requested +encouraged +to designate a Dream Resource Liaison on each of its campuses. +(c) Dream Resource Centers may offer support services, including, but not necessarily limited to, state and institutional financial aid assistance, academic counseling, peer support services, psychological counseling, referral services, and legal services. +(d) (1) This section shall not be construed as requiring the construction of a new or separate space for Dream Resource Centers. +(2) Dream Resource Centers may be housed within existing student service or academic centers. +(3) The space in which the Dream Resource Liaison is located may be deemed a Dream Resource Center. +(e) Notwithstanding Section 11005 of the Government Code and any other law requiring approval by a state officer of gifts, bequests, devises, or donations, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the Regents of the University of California may seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in the creation and operation of Dream Resource Centers for their respective systems. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the segments of the public , is exempt from paying nonresident tuition at the California Community Colleges and the California State University. +This bill +would, commencing with the 2017–18 academic year, require +would encourage +the California Community +Colleges and +Colleges, +the California State University, and +would request +the University of +California, +California +to designate a Dream Resource Liaison on each of their campuses, as specified, to assist certain students by streamlining access to all available financial aid and academic opportunities for those students. +The bill would encourage the governing board of each school district and each county office of education that maintains any of grades 9 to 12, inclusive, to have a Dream Resource Liaison at each of their respective campuses that includes any of those grades. +The bill would authorize Dream Resource Centers to offer support services, +including +including, +but not necessarily limited to, state and institutional financial aid assistance, academic counseling, peer support services, psychological counseling, referral services, and legal services. The bill would +require +encourage +each campus of the California Community Colleges and the California State University to ensure that it has a staff person designated as a Dream Resource Liaison who is knowledgeable in available financial aid, services, and academic opportunities for all students meeting specified requirements, including undocumented students. +By requiring community colleges to designate a Dream Resource Liaison, this bill would impose a state-mandated local program. +This bill would authorize the trustees, the board of governors, and the regents to seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in the creation and operation of Dream Resource Centers for their respective systems. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 68130.6 +to +to, and to add Chapter 3.67 (commencing with Section 44778) to Part 25 of Division 3 of Title 2 of, +the Education Code, relating to public postsecondary education." +805,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) While ensuring the quality education of all of California’s +school children +schoolchildren +is a shared responsibility of the general public, it is foremost the duty of individual parents and teachers. +(b) Providing tax relief for citizens who shoulder an extra weight in pursuit of the common good has long been considered sound public policy. +(c) Every school year, kindergarten and grades 1 to 12, inclusive, parents across California pay at their own expense to obtain vital educational resources and services that are essential to those children entrusted to their parents’ care. +(d) State education tax relief can help empower and engage low- and middle-income families in personally caring for their own +school children’s +schoolchildren’s +learning needs, which they know most intimately. +SEC. 2. +Section 17052.5 is added to the Revenue and Taxation Code, to read: +17052.5. +(a) For each taxable year beginning on or after January 1, 2016, and before January 1, 2021, there shall be allowed as a deduction an amount equal to the qualified amount that was paid or incurred for qualified education-related expenses for one or more dependent children by a qualified taxpayer during the taxable year. +(b) For purposes of this section: +(1) “Dependent children” means +one or more +children who +attend +meet all of the following requirements: +(A) Attend +kindergarten or any of grades 1 to 12, inclusive, in California at a public, charter, or private school that has a current private school affidavit on file with the State Department of Education in the taxable +year and who meet +year. +(B) Are deemed a full-time pupil in accordance with the compulsory education requirements of Sections 48200 and 48222 of the Education Code, if applicable. +(C) Are under 21 years of age at the end of the school year. +(D) Meet +the requirements of Section 152(c)(1)(D) and (E) of the Internal Revenue Code. +(E) Are claimed as the dependent children on the original, timely filed return of the qualified taxpayer. +(2) “Qualified amount” means the amount paid or incurred for qualified education-related expenses, not to exceed the amount specified in subdivision (c). +(3) (A) “Qualified education-related expenses” means the kindergarten or any of grades 1 to 12, inclusive, costs of: textbooks and school supplies, including, but not limited to, pens, paper, pencils, notebooks, calculators, and rulers; the rental or purchase of educational equipment required for classes during the regular schoolday; school uniforms that are not part of a cocurricular activity; computers, computer hardware, and educational computer software used to learn academic subjects; fees for college courses at public institutions or independent nonprofit colleges, or for summer school courses that satisfy high school graduation requirements; psychoeducational diagnostic evaluations to assess the cognitive and academic abilities of +pupils; +dependent children; +special education and related services for +pupils +dependent children +who have an individualized education program or its equivalent; out-of-school enrichment programs, tutoring, and summer programs that are academic in nature; and public transportation or third-party transportation expenses for traveling directly to and from school. +(B) “Qualified education-related expenses” shall not include any expenses for the items described in subparagraph (A) that also are used in a trade or business. +(4) “Qualified taxpayer” means a parent or legal guardian of +a full-time pupil who is under 21 years of age at the close of the school year +one or more dependent children +who +meets both +meet all +of the following requirements: +(A) Both the +pupil +dependent children +and the parent or guardian reside in California when the qualified education-related expenses are paid or incurred. +(B) (i) The household income does not exceed 250 percent of the federal Income Eligibility Guidelines published by the Food and Nutrition Service of the United States Department of Agriculture for use in determining eligibility for reduced price meals. +(ii) +Household income +“Household income” +means +adjusted +gross income as defined in Section +61 +62 +of the Internal Revenue Code. +(c) The total deduction allowed under this section to a qualified taxpayer shall not exceed two thousand five hundred dollars ($2,500) in a taxable year. If more than one qualified taxpayer may be allowed this deduction for +a +dependent +child, +children, including a qualified taxpayer filing a joint return, +the sum of all deductions allowed under this section for +that +those +dependent +child +children +shall not exceed two thousand five hundred dollars ($2,500) in a taxable year. +(d) (1) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. +(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. +(e) This section shall remain in effect only until December 1, 2021, and as of that date is repealed. +SEC. 3. +Section 17072 of the Revenue and Taxation Code is amended to read: +17072. +(a) Section 62 of the Internal Revenue Code, relating to adjusted gross income defined, shall apply, except as otherwise provided. +(b) Section 62(a)(2)(D) of the Internal Revenue Code, relating to certain expenses of elementary and secondary school teachers, shall not apply. +(c) Section 62(a)(21) of the Internal Revenue Code, relating to attorneys fees relating to awards to whistleblowers, shall not apply. +(d) Section 62(a) of the Internal Revenue Code is modified to provide that the deduction under Section 17052.5 shall be allowed in determining adjusted gross income. +SEC. 4. +It is the intent of the Legislature to make the findings required by Section 41 of the Revenue and Taxation Code. +SEC. 5. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The Personal Income Tax Law allows various deductions in computing income that is subject to tax under that law. +This bill, for taxable years on or after January 1, 2016, and before January 1, 2021, would allow a deduction from +adjusted +gross income, not to exceed $2,500, for the cost of education-related expenses of the taxpayer’s dependent child or children attending public or private school, as specified. +This bill would take effect immediately as a tax levy.","An act to amend Section 17072 of, and to add and repeal Section 17052.5 of, the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +806,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 5272.2 is added to the Business and Professions Code, to read: +5272.2. +(a) With the exception of Article 4 (commencing with Section 5300) and Sections 5400 to 5404, inclusive, this chapter does not apply to any advertising display located in the geographic area in the City of Los Angeles bounded by Wilshire Boulevard on the northeast, S. Figueroa Street on the southeast, Interstate 10 on the southwest, and State Route 110 on the northwest, or to any advertising display located in the geographic area in the City of Los Angeles on the westerly side of State Route 110 bounded by West 8th Place, James M. Wood Boulevard, and Golden Avenue, if all of the following conditions are met: +(1) The advertising display is authorized by, or in accordance with, an ordinance, including, but not limited to, a specific plan or sign district, adopted by the City of Los Angeles that regulates advertising displays by identifying the specific displays or establishing regulations that include, at a minimum, all of the following: +(A) Number of signs and total signage area allowed. +(B) Maximum individual signage area. +(C) Minimum sign separation. +(D) Illumination restrictions and regulations, including signage refresh rate, scrolling, and brightness. +(E) Illuminated sign hours of operation. +(2) The owner of the advertising display has submitted to the department a copy of the ordinance adopted by the City of Los Angeles authorizing the advertising display and identification of the provisions of the ordinance required under paragraph (1) and the department has certified that the ordinance meets the minimum requirements contained in paragraph (1). +(3) The advertising display will not advertise products, goods, or services related to tobacco, firearms, or sexually explicit material. +(4) (A) Except as otherwise provided in subparagraph (B), there shall be at least 500 feet between any two advertising displays located on the same side of the freeway unless the advertising displays are separated by buildings or other obstructions in a manner that only one of the advertising displays is visible from any given location on the freeway. For purposes of determining compliance with the spacing requirement, the distance between advertising displays shall be measured along the nearest edge of pavement between points directly opposite the advertising displays along each side of the freeway. +(B) The spacing requirement in subparagraph (A) does not apply to an advertising display that advertises only the business conducted, services rendered, or goods produced and sold upon the property upon which the advertising display is located and that, accordingly, is not subject to the requirements of this chapter. +(C) When counting the number of advertising displays and measuring the distance between them 0 1em 0;"">(B) Make a message center display not subject to this section that is under the control of the owner of the advertising display available on a space-available basis for public service messages in a location acceptable to the department and the Department of the California Highway Patrol. +(C) Provide funding to the department for the installation of a message center display to accommodate those public service messages, which may include funding as part of mitigation in connection with the approval of development of the property on which the message center display is located by the City of Los Angeles. +(b) (1) Before the advertising display authorized pursuant to subdivision (a) may be placed, the department shall determine that the display will not cause a reduction in federal aid funds or otherwise be inconsistent with any federal law, regulation, or agreement between the state and a federal agency or department. +(2) If the department is unable to make the determination required pursuant to paragraph (1), the department shall request the Federal Highway Administration (FHWA) of the United States Department of Transportation to make the determination. Upon receipt of a determination by the FHWA that makes the finding described in paragraph (1), the advertising display may be placed. +(c) The City of Los Angeles shall have primary responsibility for ensuring that a display authorized pursuant to subdivision (a) remains in conformance with all provisions of the ordinance and of this section. If the City of Los Angeles fails to ensure that the display remains in conformance with all provisions of the ordinance and of this section after 30 days of receipt of a written notice from the department, the City of Los Angeles shall hold the department harmless and indemnify the department for all costs incurred by the department to ensure compliance with the ordinance and this section or to defend actions challenging the adoption of the ordinance allowing the displays. +SEC. 2. +Due to unique circumstances concerning the locations of the advertising displays, or proposed advertising displays, set forth in this act and the need for advertising in those locations, it is necessary that an exemption from some of the provisions of the Outdoor Advertising Act be provided for those displays, and the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.","The Outdoor Advertising Act provides for the regulation by the Department of Transportation of advertising displays, as defined, within view of public highways. The act exempts from certain of its provisions advertising displays that advertise the business conducted or services rendered or goods produced or sold on the property upon which the display is placed, as specified. +This bill would exempt from those provisions of the act advertising displays located in specific geographic areas in the City of Los Angeles if those displays meet specified conditions and requirements, including the adoption of, and compliance with, an ordinance by the City of Los Angeles. The bill would impose certain conditions if an advertising display authorized by this bill is a message center display. The bill would require the department, before the advertising display may be placed, to determine or to request the Federal Highway Administration to determine that the display will not cause a reduction in federal aid funds or otherwise be inconsistent with any federal law, regulation, or agreement between the state and a federal agency or department. +The bill would make the City of Los Angeles primarily responsible for ensuring that a display remains in compliance with the ordinance and the bill’s requirements, and would require the city to indemnify and hold the department harmless if the city fails to do so. +This bill would also make findings and declarations as to the need for a special statute relating to the City of Los Angeles.","An act to add Section 5272.2 to the Business and Professions Code, relating to outdoor advertising." +807,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2903 of the Business and Professions Code is amended to read: +2903. +(a) No person may engage in the practice of psychology, or represent himself or herself to be a psychologist, without a license granted under this chapter, except as otherwise provided in this chapter. The practice of psychology is defined as rendering or offering to render to individuals, groups, organizations, or the public any psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, such as the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships; and the methods and procedures of interviewing, counseling, psychotherapy, behavior modification, and hypnosis; and of constructing, administering, and interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, and motivations. +(b) The application of these principles and methods includes, but is not restricted to: assessment, diagnosis, prevention, treatment, and intervention to increase effective functioning of individuals, groups, and organizations. +(c) Psychotherapy within the meaning of this chapter means the use of psychological methods in a professional relationship to assist a person or persons to acquire greater human effectiveness or to modify feelings, conditions, attitudes, and behaviors that are emotionally, intellectually, or socially ineffectual or maladaptive. +SEC. 2. +Section 2913 of the Business and Professions Code is amended to read: +2913. +A person other than a licensed psychologist may be employed by a licensed psychologist, by a licensed physician and surgeon who is board certified in psychiatry by the American Board of Psychiatry and Neurology, by a clinic that provides mental health services under contract pursuant to Section 5614 of the Welfare and Institutions Code, by a psychological corporation, by a licensed psychology clinic as defined in Section 1204.1 of the Health and Safety Code, or by a medical corporation to perform limited psychological functions if all of the following apply: +(a) The person is termed a “psychological assistant.” +(b) The person (1) has completed a master’s degree in psychology or education with the field of specialization in psychology or counseling psychology, or (2) has been admitted to candidacy for a doctoral degree in psychology or education with the field of specialization in psychology or counseling psychology, after having satisfactorily completed three or more years of postgraduate education in psychology and having passed preliminary doctoral examinations, or (3) has completed a doctoral degree that qualifies for licensure under Section 2914, in an accredited or approved university, college, or professional school located in the United States or Canada. +(c) The person is at all times under the immediate supervision, as defined in regulations adopted by the board, of a licensed psychologist, or board certified psychiatrist, who shall be responsible for insuring that the extent, kind, and quality of the psychological services he or she performs are consistent with his or her training and experience and be responsible for his or her compliance with this chapter and regulations duly adopted hereunder, including those provisions set forth in Section 2960. +(d) (1) The licensed psychologist, board certified psychiatrist, contract clinic, psychological corporation, or medical corporation, has registered the psychological assistant with the board. The registration shall be renewed annually in accordance with regulations adopted by the board. +(2) No licensed psychologist may register, employ, or supervise more than three psychological assistants at any given time unless specifically authorized to do so by the board. No board certified psychiatrist may register, employ, or supervise more than one psychological assistant at any given time. No contract clinic, psychological corporation, or medical corporation may employ more than 10 assistants at any one time. No contract clinic may register, employ, or provide supervision for more than one psychological assistant for each designated full-time staff psychiatrist who is qualified and supervises the psychological assistants. No psychological assistant may provide psychological services to the public except as an employee of a licensed psychologist, licensed physician, contract clinic, psychological corporation, or medical corporation. +(e) The psychological assistant shall comply with regulations that the board may, from time to time, duly adopt relating to the fulfillment of requirements in continuing education. +(f) No person shall practice as a psychological assistant who is found by the board to be in violation of Section 2960 and the rules and regulations duly adopted pursuant to that section. +SEC. 3. +Section 2914 of the Business and Professions Code is amended to read: +2914. +Each applicant for licensure shall comply with all of the following requirements: +(a) Is not subject to denial of licensure under Division 1.5 (commencing with Section 475). +(b) (1) Possess an earned doctorate degree (A) in psychology, (B) in educational psychology, or (C) in education with the field of specialization in counseling psychology or educational psychology. Except as provided in subdivision (g), this degree or training shall be obtained from an accredited university, college, or professional school. The board shall make the final determination as to whether a degree meets the requirements of this section. +(2) No educational institution shall be denied recognition as an accredited academic institution solely because its program is not accredited by any professional organization of psychologists, and nothing in this chapter or in the administration of this chapter shall require the registration with the board by educational institutions of their departments of psychology or their doctoral programs in psychology. +(3) An applicant for licensure trained in an educational institution outside the United States or Canada shall demonstrate to the satisfaction of the board that he or she possesses a doctorate degree in psychology that is equivalent to a degree earned from a regionally accredited university in the United States or Canada. These applicants shall provide the board with a comprehensive evaluation of the degree performed by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES), and any other documentation the board deems necessary. +(c) (1) Have engaged for at least two years in supervised professional experience under the direction of a licensed psychologist, the specific requirements of which shall be defined by the board in its regulations, or under suitable alternative supervision as determined by the board in regulations duly adopted under this chapter, at least one year of which shall be after being awarded the doctorate in psychology. The supervisor shall submit verification of the experience required by this subdivision to the trainee in a manner prescribed by the board. If the supervising licensed psychologist fails to provide verification to the trainee in a timely manner, the board may establish alternative procedures for obtaining the necessary documentation. Absent good cause, the failure of a supervising licensed psychologist to provide the verification to the board upon request shall constitute unprofessional conduct. +(2) The board shall establish qualifications by regulation for supervising psychologists. +(d) Take and pass the examination required by Section 2941 unless otherwise exempted by the board under this chapter. +(e) Show by evidence satisfactory to the board that he or she has completed training in the detection and treatment of alcohol and other chemical substance dependency. This requirement applies only to applicants who matriculate on or after September 1, 1985. +(f) (1) Show by evidence satisfactory to the board that he or she has completed coursework in spousal or partner abuse assessment, detection, and intervention. This requirement applies to applicants who began graduate training during the period commencing on January 1, 1995, and ending on December 31, 2003. +(2) An applicant who began graduate training on or after January 1, 2004, shall show by evidence satisfactory to the board that he or she has completed a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. An applicant may request an exemption from this requirement if he or she intends to practice in an area that does not include the direct provision of mental health services. +(3) Coursework required under this subdivision may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. This requirement for coursework shall be satisfied by, and the board shall accept in satisfaction of the requirement, a certification from the chief academic officer of the educational institution from which the applicant graduated that the required coursework is included within the institution’s required curriculum for graduation. +(g) An applicant holding a doctoral degree in psychology from an approved institution is deemed to meet the requirements of this section if both of the following are true: +(1) The approved institution offered a doctoral degree in psychology designed to prepare students for a license to practice psychology and was approved by the former Bureau for Private Postsecondary and Vocational Education on or before July 1, 1999. +(2) The approved institution has not, since July 1, 1999, had a new location, as described in Section 94823.5 of the Education Code. +SEC. 4. +Section 1010 of the Evidence Code is amended to read: +1010. +As used in this article, “psychotherapist” means a person who is, or is reasonably believed by the patient to be: +(a) A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of his or her time to the practice of psychiatry. +(b) A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code. +(c) A person licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, when he or she is engaged in applied psychotherapy of a nonmedical nature. +(d) A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state. +(e) A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code. +(f) A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as a marriage and family therapist intern who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code. +(g) A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code. +(h) A person who registered with the Board of Psychology as a registered psychologist and who is under the supervision of a licensed psychologist or board certified psychiatrist. +(i) A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist. +(j) A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor. +(k) A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a master’s degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing. +(l) An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing. +(m) A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code. +(n) A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code. +(o) A person registered as a clinical counselor intern who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.46, inclusive, of the Business and Professions Code. +(p) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology. The law defines the practice of psychology as rendering or offering to render, for a fee, psychological services involving the application of psychological principles and methods, including the diagnosis, prevention, and treatment of psychological problems and emotional and mental disorders. The law prohibits unlicensed persons from practicing psychology, but authorizes unlicensed persons, including psychological assistants who meet certain requirements and do not provide psychological services to the public for a fee, to perform limited psychological functions. The law requires applicants for licensure to, among other things, engage in at least 2 years of supervised professional experience under the direction of a licensed psychologist and authorizes an applicant who obtains this experience in the United States to send verification of the experience directly to the board if the supervising licensed psychologist fails to submit the verification within 30 days of receiving a request from the applicant, as specified. The law requires the board to establish qualifications by regulation for supervising licensed psychologists and to review and approve applicants for the position of supervising psychologist on a case-by-case basis. The law provides that a violation of any of its provisions is a misdemeanor. +This bill would remove the reference to fees for services from the definition of the practice of psychology, thereby expanding that definition. The bill would further modify that definition to specify that the application of psychological principles and methods includes assessment, diagnosis, prevention, treatment, and intervention to increase effective functioning of individuals, groups, and organizations. The bill would revise the above-described authorization for psychological assistants to prohibit services to the public, except as specified, without reference to a fee. The bill would revise that experience verification procedure to require a supervising licensed psychologist to submit verification of the experience to the trainee in a manner prescribed by the board, and would authorize the board to establish alternative procedures for obtaining the necessary documentation if the supervising licensed psychologist fails to provide that verification in a timely manner. The bill would make the failure to provide verification to the board upon request, absent good cause, unprofessional conduct. The bill would eliminate the requirement that the board review and approve applicants for the position of supervising psychologist on a case-by-case basis. The bill would also make technical and conforming changes. By expanding the scope of a crime, this bill would impose a state-mandated local program. +Existing law establishes for a patient of a psychotherapist, whether or not a party to a proceeding, the privilege to refuse to disclose and to prevent another from disclosing a confidential communication between the patient and psychotherapist, as specified, and defines a psychotherapist for these purposes. +This bill would include in the definition of psychotherapist a person who is registered with the Board of Psychology as a registered psychologist and who is under the supervision of a licensed psychologist or a board certified psychiatrist. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 2903, 2913, and 2914 of the Business and Professions Code, and to amend Section 1010 of the Evidence Code, relating to psychologists." +808,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1205 of the Penal Code is amended to read: +1205. +(a) A judgment that the defendant pay a fine, with or without other punishment, may also direct that he or she be imprisoned until the fine is satisfied and may further direct that the imprisonment begin at and continue after the expiration of any imprisonment imposed as a part of the punishment or of any other imprisonment to which the defendant may have been sentenced. The judgment shall specify the term of imprisonment for nonpayment of the fine, which shall not be more than one day for each one hundred twenty five dollars ($125) of the fine, nor exceed the term for which the defendant may be sentenced to imprisonment for the offense of which he or she has been convicted. A defendant held in custody for nonpayment of a fine shall be entitled to credit on the fine for each day he or she is held in custody, at the rate specified in the judgment. When the defendant has been convicted of a misdemeanor, a judgment that the defendant pay a fine may also direct that he or she pay the fine within a limited time or in installments on specified dates, and that in default of payment as stipulated he or she be imprisoned in the discretion of the court either until the defaulted installment is satisfied or until the fine is satisfied in full; but unless the direction is given in the judgment, the fine shall be payable. +(b) Except as otherwise provided in case of fines imposed, as a condition of probation, the defendant shall pay the fine to the clerk of the court, or to the judge if there is no clerk, unless the defendant is taken into custody for nonpayment of the fine, in which event payments made while he or she is in custody shall be made to the officer who holds the defendant in custody, and all amounts paid shall be paid over by the officer to the court that rendered the judgment. The clerk shall report to the court every default in payment of a fine or any part of that fine, or if there is no clerk, the court shall take notice of the default. If time has been given for payment of a fine or it has been made payable in installments, the court shall, upon any default in payment, immediately order the arrest of the defendant and order him or her to show cause why he or she should not be imprisoned until the fine or installment is satisfied in full. If the fine or installment is payable forthwith and it is not paid, the court shall, without further proceedings, immediately commit the defendant to the custody of the proper officer to be held in custody until the fine or installment is satisfied in full. +(c) This section applies to any violation of any of the codes or statutes of this state punishable by a fine or by a fine and imprisonment. +(d) Nothing in this section shall be construed to prohibit the clerk of the court, or the judge if there is no clerk, from turning these accounts over to another county department or a collecting agency for processing and collection. +(e) The defendant shall pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account. The defendant shall pay to the clerk of the court or the collecting agency the fee established for the processing of the accounts receivable that are not to be paid in installments. The fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account, except that the fee shall not exceed thir to any fine, including, but not limited to, base fines, on a proportional basis, that may be imposed, at the rate of not less than one hundred twenty five dollars ($125) per day, or more, in the discretion of the court imposing the sentence. If the total number of days in custody exceeds the number of days of the term of imprisonment to be imposed, the entire term of imprisonment shall be deemed to have been served. In any case where the court has imposed both a prison or jail term of imprisonment and a fine, any days to be credited to the defendant shall first be applied to the term of imprisonment imposed, and thereafter the remaining days, if any, shall be applied to the fine, including, but not limited to, base fines, on a proportional basis. +(b) For the purposes of this section, credit shall be given only where the custody to be credited is attributable to proceedings related to the same conduct for which the defendant has been convicted. Credit shall be given only once for a single period of custody attributable to multiple offenses for which a consecutive sentence is imposed. +(c) For the purposes of this section, “term of imprisonment” includes any period of imprisonment imposed as a condition of probation or otherwise ordered by a court in imposing or suspending the imposition of any sentence, and also includes any term of imprisonment, including any period of imprisonment prior to release on parole and any period of imprisonment and parole, prior to discharge, whether established or fixed by statute, by any court, or by any duly authorized administrative agency. +(d) It is the duty of the court imposing the sentence to determine the date or dates of any admission to, and release from, custody prior to sentencing and the total number of days to be credited pursuant to this section. The total number of days to be credited shall be contained in the abstract of judgment provided for in Section 1213. +(e) It is the duty of any agency to which a person is committed to apply the credit provided for in this section for the period between the date of sentencing and the date the person is delivered to the agency. +(f) If a defendant serves time in a camp, work furlough facility, halfway house, rehabilitation facility, hospital, juvenile detention facility, similar residential facility, or home detention program pursuant to Section 1203.016, 1203.017, or 1203.018, in lieu of imprisonment in a county jail, the time spent in these facilities or programs shall qualify as mandatory time in jail. +(g) Notwithstanding any other provision of this code as it pertains to the sentencing of convicted offenders, this section does not autho","Existing law provides that a judgment that a criminal defendant pay a fine, other than a restitution fine or order, may also direct that he or she be imprisoned until the fine is satisfied. Existing law requires the judgment to specify the term of imprisonment for nonpayment of the fine, and prohibits that term from exceeding one day for each $30 of the fine, or exceeding the term for which the defendant may be sentenced for the offense of which he or she has been convicted. +Existing law also provides that in all felony and misdemeanor convictions, either by plea or by verdict, when the defendant has been in custody, all days of custody of the defendant, as specified, are to be credited upon his or her term of imprisonment, or credited to any fine, on a proportional basis, that may be imposed, at the rate of not less than $30 per day, in the discretion of the court imposing the sentence. +This bill would increase those rates from not less than $30 to not less than $125 per day.","An act to amend Sections 1205 and 2900.5 of the Penal Code, relating to nonpayment of fines." +809,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10003 of the Corporations Code is amended to read: +10003. +The articles of incorporation shall state: +(a) The name of the corporation. +(b) That the officer forming the corporation is duly authorized by the +canons, +rules, regulations, or discipline of the religious denomination, society, or church to take such action. +(c) The county +in this State +where the principal office for the transaction of the business of the corporation is located. +(d) The manner in which any vacancy occurring in the office of the bishop, chief priest, presiding elder, or other presiding officer is required to be filled by the +canons, +rules, regulations, or constitution of the denomination, society, or church. +SEC. 2. +Section 10005 of the Corporations Code is amended to read: +10005. +(a) +The articles +of incorporation +shall be signed and verified by the bishop, chief priest, presiding elder, or other presiding officer forming the corporation and shall be submitted to the Secretary of State for filing in his +or her +office. If they conform to +law he +law, the Secretary of State +shall file them and endorse the date of filing thereon. Upon the filing of the articles +of incorporation +with the Secretary of +State +State, +the corporation sole is formed. +(b) If the Secretary of State determines that the articles of incorporation submitted for filing pursuant to this section do not conform to law and returns it to the person submitting it, the articles of incorporation may be resubmitted accompanied by a written opinion of a member of the State Bar of California submitting the articles, or representing the person submitting it, to the effect that the specific provision of the articles of incorporation objected to by the Secretary of State conforms to law and states the points and authorities upon which the written opinion is based. The Secretary of State shall rely, with respect to any disputed point of law, upon that written opinion in determining whether the articles conform to law. The date of filing in that case shall be the date the Secretary of State receives the articles of incorporation on resubmission. +SEC. 3. +Section 10010 of the Corporations Code is amended to read: +10010. +The chief officer of a corporation sole may at any time amend the articles of incorporation of the corporation +sole +changing its name, the term of its existence, its territorial jurisdiction, or the manner of filling any vacancy in the office thereof, and may by amended articles of incorporation make provision for any act or thing for which provision is authorized in original articles of incorporation of +corporations +corporation +sole. +The chief officer of the corporation +sole +shall sign and verify a statement setting forth the provisions of the amendment and stating that it has been duly authorized by the religious organization governed by the +corporation. +corporation sole, the hierarchical religious organization or entity responsible for forming the corporation sole, or by the hierarchical religious organization or entity responsible for overseeing the corporation sole according to the rules, canons, regulations, or discipline of the religious denomination, society, or church as to which the corporation sole is affiliated. +The amendment shall be submitted to the Secretary of State for +filing in his office. +filing. +If it conforms to +law he +law, the Secretary of State +shall file it and endorse the date of filing thereon. Thereupon the articles are amended in the manner set forth in the statement. +SEC. 4. +Section 10013 of the Corporations Code is amended to read: +10013. +The declaration of dissolution shall set forth all of the following: +(a) The name of the +corporation. +corporation sole. +(b) The reason for its dissolution or winding up. +(c) That dissolution of the corporation +sole +has been duly authorized by the religious organization governed by the corporation +sole. +sole, by the hierarchical religious organization or entity responsible for forming the corporation sole, or by the hierarchical religious organization or entity responsible for overseeing the corporation sole according to the rules, canons, regulations, or discipline of the religious denomination, society, or church as to which the corporation sole is affiliated. +(d) The names and addresses of the persons who are to supervise the winding up of the affairs of the +corporation. +corporation sole. +SEC. 5. +Section 10014 of the Corporations Code is amended to read: +10014. +The declaration +of dissolution +shall be submitted to the Secretary of State for +filing in his office. +filing. +If it conforms to +law he +law, the Secretary of State +shall file it and endorse the date of filing thereon. +Thereupon +Thereupon, +the corporation +sole +shall cease to carry on business, except for the purpose of adjusting and winding up its affairs. +SEC. 6. +Section 10015 of the Corporations Code is amended to read: +10015. +After the debts and obligations of the corporation +sole, including any civil judgments against the corporation sole, +are paid or adequately provided for, any assets remaining shall be transferred to the religious organization governed by the corporation sole, +the trustees on behalf of the corporation sole, the hierarchical religious organization +or +entity responsible for forming the corporation sole, or the hierarchical religious organization or entity responsible for overseeing the corporation sole according +to +trustees in its behalf, +the rules, canons, regulations, +or +discipline of the religious denomination, society, or church to which the corporation sole is affiliated, or otherwise +disposed of as may be decreed by the superior court of the county in which the dissolved corporation +sole +had its principal office upon petition therefor by the Attorney General or any person connected with the organization.","(1) The Nonprofit Corporation Law authorizes a presiding officer of a religious denomination, society, or church to form a corporation sole for the purpose of administering and managing its affairs. The law requires the Secretary of State to file articles of incorporation of a corporation sole, if the articles of incorporation conform to law. +This bill would require the Secretary of State, if he or she determines the articles of incorporation to form a corporation sole did not conform to law, to nonetheless file it if the articles of incorporation are resubmitted with an accompanying written opinion of a member of the State Bar of California that the specific provision of the articles of incorporation objected to by the Secretary of State conform to law and state the points and authorities upon which the written opinion is based. +(2) Subject to conformance with law and filing with the Secretary of State, the Nonprofit Corporation Law authorizes a chief officer of a corporation sole to amend the articles of incorporation if the amendment includes a signed and verified statement setting forth the provisions of the amendment and stating that the amendment has been duly authorized by the religious organization governed by the corporation sole. The law also requires a declaration of dissolution of a corporation sole to include, among other things, a statement that the dissolution of the corporation sole has been duly authorized by the religious organization governed by the corporation sole. +This bill would expand those provisions to also allow those statements to be duly authorized by the hierarchical religious organization or entity responsible for forming the corporation sole, or by the hierarchical religious organization or entity responsible for overseeing the corporation sole according to the rules, canons, regulations, or discipline of the religious denomination, society, or church as to which the corporation sole is affiliated. +(3) The Nonprofit Corporation Law requires any assets of a dissolved corporation sole remaining after satisfying its debts and obligations to be transferred to the religious organization governed by the corporation sole, or to trustees on its behalf, or disposed of as may be decreed by the superior court of the county in which the dissolved corporation sole had its principal office. +This bill would additionally authorize those assets to be transferred to the trustees on behalf of the corporation sole, the hierarchical religious organization or entity responsible for forming the corporation sole, or the hierarchical religious organization or entity responsible for overseeing the corporation sole according to the rules, canons, regulations, or discipline of the religious denomination, society, or church to which the corporation sole is affiliated. +(4) This bill would also make various conforming and nonsubstantive changes.","An act to amend Sections 10003, 10005, 10010, 10013, 10014, and 10015 of the Corporations Code, relating to corporations." +810,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 368 of the Penal Code is amended to read: +368. +(a) The Legislature finds and declares that +crimes against +elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf. +(b) (1) +Any +A +person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits +any +an +elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of +any +an +elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years. +(2) If +, +in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in the state prison as follows: +(A) Three years if the victim is under 70 years of age. +(B) Five years if the victim is 70 years of age or older. +(3) If +, +in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows: +(A) Five years if the victim is under 70 years of age. +(B) Seven years if the victim is 70 years of age or older. +(c) +Any +A +person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits +any +an +elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or +, +having the care or custody of +any +an +elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. +(d) +Any +A +person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows: +(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). +(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). +(e) +Any +A +caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows: +(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). +(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). +(f) +Any +A +person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. +(g) As used in this section, “elder” means +any +a +person who is 65 years of age or older. +(h) As used in this section, “dependent adult” means +any +a +person who is between +the ages of +18 and 64 +years of age +, who has physical or mental limitations +which +that +restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes any person between +the ages of +18 and 64 +years of age +who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. +(i) As used in this section, “caretaker” means +any +a +person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult. +(j) Nothing in this section shall preclude prosecution under both this section and Section 187 or 12022.7 or any other +provision of +law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for +any +a +single offense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for +any +a +single offense. +(k) In any case in which a person is convicted of violating these provisions, the court may require him or her to receive appropriate counseling as a condition of probation. +Any +A +defendant ordered to be placed in a counseling program shall be responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay.","Existing law makes it a crime for a person who knows or reasonably should know that a person is an elder or dependent adult to willfully cause or permit the person or health of the elder or dependent adult to be injured, or willfully cause or permit the elder or dependent adult to be placed in a situation in which his or her person or health is endangered. Existing law specifies penalties for a person who violates any provision of law proscribing theft, embezzlement, forgery, fraud, or specified identify theft provisions of law when the victim is an elder or a dependent adult. +This bill would make technical, nonsubstantive changes to these provisions.","An act to amend Section 368 of the Penal Code, relating to crimes." +811,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12940 of the Government Code is amended to read: +12940. +It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: +(a) For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment. +(1) This part does not prohibit an employer from refusing to hire or discharging an employee with a physical or mental disability, or subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee with a physical or mental disability, where the employee, because of his or her physical or mental disability, is unable to perform his or her essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger his or her health or safety or the health or safety of others even with reasonable accommodations. +(2) This part does not prohibit an employer from refusing to hire or discharging an employee who, because of the employee’s medical condition, is unable to perform his or her essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employee’s health or safety or the health or safety of others even with reasonable accommodations. Nothing in this part shall subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee who, because of the employee’s medical condition, is unable to perform his or her essential duties, or cannot perform those duties in a manner that would not endanger the employee’s health or safety or the health or safety of others even with reasonable accommodations. +(3) Nothing in this part relating to discrimination on account of marital status shall do either of the following: +(A) Affect the right of an employer to reasonably regulate, for reasons of supervision, safety, security, or morale, the working of spouses in the same department, division, or facility, consistent with the rules and regulations adopted by the commission. +(B) Prohibit bona fide health plans from providing additional or greater benefits to employees with dependents than to those employees without or with fewer dependents. +(4) Nothing in this part relating to discrimination shall affect the right of an employer to use veteran status as a factor in hiring decisions if the employer maintains a veterans’ preference employment policy established in accordance with Article 3 (commencing with Section 12958). +A veterans’ preference employment policy shall not be established or applied for the purpose of discriminating against an employment applicant on the basis of any protected classification in this subdivision. +(5) (A) This part does not prohibit an employer from refusing to employ an individual because of his or her age if the law compels or provides for that refusal. Promotions within the existing staff, hiring or promotion on the basis of experience and training, rehiring on the basis of seniority and prior service with the employer, or hiring under an established recruiting program from high schools, colleges, universities, or trade schools do not, in and of themselves, constitute unlawful employment practices. +(B) The provisions of this part relating to discrimination on the basis of age do not prohibit an employer from providing health benefits or health care reimbursement plans to retired persons that are altered, reduced, or eliminated when the person becomes eligible for Medicare health benefits. This subparagraph applies to all retiree health benefit plans and contractual provisions or practices concerning retiree health benefits and health care reimbursement plans in effect on or after January 1, 2011. +(b) For a labor organization, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to exclude, expel, or restrict from its membership the person, or to provide only second-class or segregated membership or to discriminate against any person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of the person in the election of officers of the labor organization or in the selection of the labor organization’s staff or to discriminate in any way against any of its members, any employer, or any person employed by an employer. +(c) For any person to discriminate against any person in the selection, termination, training, or other terms or treatment of that person in any apprenticeship training program, any other training program leading to employment, an unpaid internship, or another limited duration program to provide unpaid work experience for that person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of the person discriminated against. +(d) For any employer or employment agency to print or circulate or cause to be printed or circulated any publication, or to make any nonjob-related inquiry of an employee or applicant, either verbal or through use of an application form, that expresses, directly or indirectly, any limitation, specification, or discrimination as to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, or any intent to make any such limitation, specification, or discrimination. This part does not prohibit an employer or employment agency from inquiring into the age of an applicant or from specifying age limitations, where the law compels or provides for that action. +(e) (1) Except as provided in paragraph (2) or (3), for any employer or employment agency to require any medical or psychological examination of an applicant, to make any medical or psychological inquiry of an applicant, to make any inquiry whether an applicant has a mental disability, physical disability, or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition. +(2) Notwithstanding paragraph (1), an employer or employment agency may inquire into the ability of an applicant to perform job-related functions and may respond to an applicant’s request for reasonable accommodation. +(3) Notwithstanding paragraph (1), an employer or employment agency may require a medical or psychological examination or make a medical or psychological inquiry of a job applicant after an employment offer has been made but prior to the commencement of employment duties, provided that the examination or inquiry is job related and consistent with business necessity and that all entering employees in the same job classification are subject to the same examination or inquiry. +(f) (1) Except as provided in paragraph (2), for any employer or employment agency to require any medical or psychological examination of an employee, to make any medical or psychological inquiry of an employee, to make any inquiry whether an employee has a mental disability, physical disability, or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition. +(2) Notwithstanding paragraph (1), an employer or employment agency may require any examinations or inquiries that the employer or employment agency can show to be job related and consistent with business necessity. An employer or employment agency may conduct voluntary medical examinations, including voluntary medical histories that are part of an employee health program available to employees at that worksite. +(g) For any employer, labor organization, or employment agency to harass, discharge, expel, or otherwise discriminate against any person because the person has made a report pursuant to Section 11161.8 of the Penal Code, which prohibits retaliation against hospital employees who report suspected patient abuse by health facilities or community care facilities. +(h) For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part. +(i) For any person to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this part, or to attempt to do so. +(j) (1) For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, or any other person, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract. Harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. An employer may also be responsible for the acts of nonemployees, with respect to sexual harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, where the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employer’s control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment. +(2) This subdivision is declaratory of existing law, except for the new duties imposed on employers with regard to harassment. +(3) An employee of an entity subject to this subdivision is personally liable for any harassment prohibited by this section that is perpetrated by the employee, regardless of whether the employer or covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective action. +(4) (A) For purposes of this subdivision only, “employer” means any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities. The definition of “employer” in subdivision (d) of Section 12926 applies to all provisions of this section other than this subdivision. +(B) Notwithstanding subparagraph (A), for purposes of this subdivision, “employer” does not include a religious association or corporation not organized for private profit, except as provided in Section 12926.2. +(C) For purposes of this subdivision, “harassment” because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Sexually harassing conduct need not be motivated by sexual desire. +(5) For purposes of this subdivision, “a person providing services pursuant to a contract” means a person who meets all of the following criteria: +(A) The person has the right to control the performance of the contract for services and discretion as to the manner of performance. +(B) The person is customarily engaged in an independently established business. +(C) The person has control over the time and place the work is performed, supplies the tools and instruments used in the work, and performs work that requires a particular skill not ordinarily used in the course of the employer’s work. +(k) For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring. +(l) (1) For an employer or other entity covered by this part to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment or to bar or to discharge a person from employment or from a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of a conflict between the person’s religious belief or observance and any employment requirement, unless the employer or other entity covered by this part demonstrates that it has explored any available reasonable alternative means of accommodating the religious belief or observance, including the possibilities of excusing the person from those duties that conflict with his or her religious belief or observance or permitting those duties to be performed at another time or by another person, but is unable to reasonably accommodate the religious belief or observance without undue hardship, as defined in subdivision (u) of Section 12926, on the conduct of the business of the employer or other entity covered by this part. Religious belief or observance, as used in this section, includes, but is not limited to, observance of a Sabbath or other religious holy day or days, reasonable time necessary for travel prior and subsequent to a religious observance, and religious dress practice and religious grooming practice as described in subdivision (q) of Section 12926. This subdivision shall also apply to an apprenticeship training program, an unpaid internship, and any other program to provide unpaid experience for a person in the workplace or industry. +(2) An accommodation of an individual’s religious dress practice or religious grooming practice is not reasonable if the accommodation requires segregation of the individual from other employees or the public. +(3) An accommodation is not required under this subdivision if it would result in a violation of this part or any other law prohibiting discrimination or protecting civil rights, including subdivision (b) of Section 51 of the Civil Code and Section 11135 of this code. +(4) For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted. +(m) (1) For an employer or other entity covered by this part to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee. Nothing in this subdivision or in paragraph (1) or (2) of subdivision (a) shall be construed to require an accommodation that is demonstrated by the employer or other covered entity to produce undue hardship, as defined in subdivision (u) of Section 12926, to its operation. +(2) For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted. +(n) For an employer or other entity covered by this part to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition. +(o) For an employer or other entity covered by this part, to subject, directly or indirectly, any employee, applicant, or other person to a test for the presence of a genetic characteristic. +(p) Nothing in this section shall be interpreted as preventing the ability of employers to identify members of the military or veterans for purposes of awarding a veteran’s preference as permitted by law. +SEC. 2. +Article 3 (commencing with Section 12958) is added to Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government Code, to read: +Article 3. Voluntary Veterans’ Preference Employment Policies +12958. +This article shall be known, and may be cited, as the “Voluntary Veterans’ Preference Employment Policy Act.” +12958.1. +As used in this article: +(a) “DD 214” means United States Department of Defense Form 214 or a similarly effective form issued by that department relating to separation from military service. +(b) “Private employer” means a business entity in the private sector of this state with one or more employees. +(c) “Veteran” means a person who served on active duty in the Armed Forces of the United States who was discharged or released with an honorable discharge. +(d) “Veterans’ preference employment policy” means a private employer’s voluntary preference for hiring or retaining a veteran over another qualified applicant or employee. +12958.2. +(a) Notwithstanding any other law, a private employer may establish and maintain a written veterans’ preference employment policy, which shall be applied uniformly to hiring decisions. +(b) An employer with a veterans’ preference employment policy may require that a veteran submit a DD 214 to be eligible for the preference. +(c) The granting of a veterans’ preference pursuant to this article, in and of itself, shall be deemed not to violate any local or state equal employment opportunity law or regulation, including, but not limited to, this chapter. +(d) The Department of Veterans Affairs shall assist any private employer in determining if an applicant is a veteran to the extent permitted by law. +(e) Nothing in this section shall be construed to authorize the establishment or use of a veterans’ preference employment policy for the purpose of discriminating against +the +an +employment applicant on the basis of any protected classification in subdivision (a) of Section 12940.","Under the California Fair Employment and Housing Act, it is an unlawful employment practice for an employer, unless based upon a bona fide occupational qualification or applicable security regulations established by the United States or the State of California, to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment, or to bar or discharge a person from employment or a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of that person. The California Fair Employment and Housing Act provides that nothing in that act relating to discrimination on account of sex affects the right of an employer to use veteran status as a factor in employee selection or to give special consideration to Vietnam-era veterans. +This bill would enact the Voluntary Veterans’ Preference Employment Policy Act to authorize a private employer to establish and maintain a written veterans’ preference employment policy, to be applied uniformly to hiring decisions, to give a voluntary preference for hiring or retaining a veteran over another qualified applicant or employee. The bill would provide that the granting of a veterans’ preference pursuant to the bill, in and of itself, shall be deemed not to violate any local or state equal employment opportunity law or regulation, including, but not limited to, the antidiscrimination provisions of the California Fair Employment and Housing Act. The bill would revise the existing veteran status provision in the California Fair Employment and Housing Act to remove references to discrimination on account of sex and to Vietnam-era veterans, and would, instead, provide that nothing in that act relating to discrimination affects the right of an employer to use veteran status as a factor in hiring decisions if the employer maintains a veterans’ preference employment policy established in accordance with the Voluntary Veterans’ Preference Employment Policy Act. +The bill would prohibit a veterans’ preference employment policy from being established or applied for the purpose of discriminating against an employment applicant on the basis of a protected classification, as specified.","An act to amend Section 12940 of, and to add Article 3 (commencing with Section 12958) to Chapter 6 of Part 2.8 of Division 3 of Title 2 of, the Government Code, relating to employment." +812,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 51210 of the Education Code is amended to read: +51210. +(a) The adopted course of study for grades 1 to 6, inclusive, shall include instruction, beginning in grade 1 and continuing through grade 6, in the following areas of study: +(1) English, including knowledge of, and appreciation for literature and the language, as well as the skills of speaking, reading, listening, spelling, handwriting, and composition. +(2) Mathematics, including concepts, operational skills, and problem solving. +(3) Social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils. Instruction shall provide a foundation for understanding the history, resources, development, and government of California and the United States of America; the development of the American economic system, including the role of the entrepreneur and labor; the relations of persons to their human and natural environment; eastern and western cultures and civilizations; contemporary issues; and the wise use of natural resources. +(4) Science, including the biological and physical aspects, with emphasis on the processes of experimental inquiry and on the place of humans in ecological systems. +(5) Visual and performing arts, including instruction in the subjects of dance, music, theatre, and visual arts, aimed at the development of aesthetic appreciation and the skills of creative expression. +(6) Health, including instruction in the principles and practices of individual, family, and community health. +(7) Physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period. +(8) Other studies that may be prescribed by the governing board. +(b) (1) A complaint that a school district or county superintendent of schools has not complied with the instructional minute requirements of paragraph (7) of subdivision (a) may be filed with a school district or county superintendent of schools pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. +(2) A complainant not satisfied with the decision of a school district or county superintendent of schools may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written appeal decision within 60 days of the department’s receipt of the appeal. +(3) If a school district or county superintendent of schools finds merit in a complaint, or the Superintendent finds merit in an appeal, the school district or county superintendent of schools shall provide a remedy to all affected pupils, parents, and guardians. +(c) The Legislature finds and declares that neither the original provisions of this section, nor any subsequent amendments to it, were intended to create a private right of action. However, nothing in this subdivision shall restrict or expand the existing right of any party to seek relief from noncompliance with this section pursuant to a writ of mandate. +SEC. 2. +Section 51223 of the Education Code is amended to read: +51223. +(a) Notwithstanding Sections 51210 and 51222, instruction in physical education in an elementary school maintaining any of grades 1 to 8, inclusive, shall be for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period. +(b) (1) A complaint that a school district or county superintendent of schools has not complied with the instructional minute requirements of subdivision (a) may be filed with a school district or county superintendent of schools pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. +(2) A complainant not satisfied with the decision of a school district or county superintendent of schools may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written appeal decision within 60 days of the department’s receipt of the appeal. +(3) If a school district or county superintendent of schools finds merit in a complaint, or the Superintendent finds merit in an appeal, the school district or county superintendent of schools shall provide a remedy to all affected pupils, parents, and guardians. +(c) The Legislature finds and declares that neither the original provisions of this section, nor any subsequent amendments to it, were intended to create a private right of action. However, nothing in this subdivision shall restrict or expand the existing right of any party to seek relief from noncompliance with this section pursuant to a writ of mandate. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to protect California public schools from unnecessary lawsuits that take funds away from our classrooms, it is necessary for this bill to take effect immediately.","Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include instruction in specified areas of study, including physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period. Notwithstanding that provision, existing law provides that instruction in physical education in an elementary school maintaining any of grades 1 to 8, inclusive, shall be for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period. +This bill would authorize a complaint that a school district or county superintendent of schools has not complied with the instructional minute requirements of the physical education adopted course of study for pupils in those grades to be filed with the school district or county superintendent of schools pursuant to the Uniform Complaint Procedures, as specified. To the extent this bill would impose additional duties on school district or county office of education officials, the bill would impose a state-mandated local program. +The bill also would state the Legislature’s finding and declaration that the provisions prescribing the requirements for the adopted course of study for grades 1 to 6, inclusive, and for instructional time for physical education in an elementary school maintaining any of grades 1 to 8, inclusive, were not intended to create a private right of action, but would provide that nothing in those provisions is to restrict or expand the existing right of any party to seek relief from noncompliance with them pursuant to a writ of mandate. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 51210 and 51223 of the Education Code, relating to pupil instruction, and declaring the urgency thereof, to take effect immediately." +813,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 44520 of the Health and Safety Code is amended to read: +44520. +(a) The authority shall, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, adopt all necessary rules and regulations to carry out its powers and duties under this division. The authority may call upon any board or department of the state government for aid and assistance in the preparation of plans and specifications and in the development of technology necessary to effectively control pollution. +(b) Notwithstanding subdivision (a), the authority, or any other agency implementing a loan program or +small business or +brownfield site financing assistance program pursuant to an interagency agreement with the authority, may adopt regulations relating to the loans or +small business or +brownfield site financing as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall be repealed 180 days after their effective date, unless the adopting authority or agency complies with that Chapter 3.5. +SEC. 2. +Section 44525 of the Health and Safety Code is amended to read: +44525. +The authority may charge reasonable application and project fees to reimburse the authority for costs incurred in administering applications for financing pursuant to this division and to support authority programs, including, but not limited to, the Capital Access Loan Program authorized by Article 8 (commencing with Section 44559), and grants and loans as authorized by subdivision (h) of Section 44526. +SEC. 3. +Section 44525.7 of the Health and Safety Code, as added by Section 7 of Chapter 915 of the Statutes of 2000, is repealed. +SEC. 4. +Section 44525.7 is added to the Health and Safety Code, to read: +44525.7. +Notwithstanding Section 10231.5 of the Government Code, commencing in 2016 and annually thereafter, the authority shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, regarding alternative financing programs +administrated under +administered pursuant to +subdivision (a) of Section 44526. +SEC. 5. +Section 44526 of the Health and Safety Code is amended to read: +44526. +The authority may do any of the following: +(a) Determine the location and character of any project to be financed under the provisions of this division, lend financial assistance, including grants, loans, credit enhancements, and other incentives designed to leverage private capital, to any participating party, construct, reconstruct, renovate, replace, lease, as lessor or lessee, and regulate the same, and enter into contracts for the sale of any pollution control facilities, including installment sales or sales under conditional sales contracts, and make loans to participating parties to lend financial assistance in the acquisition, construction, or installation of a project. +(b) Issue bonds, notes, bond anticipation notes, and other obligations of the authority for any of its corporate purposes, and fund or refund the same, all as provided in this division. +(c) Fix fees and charges for pollution control facilities, or for the loan of moneys to finance pollution control facilities, and to revise from time to time those fees and charges, and collect rates, rents, fees, loan repayments, and charges for the use of and for any facilities or services furnished, or to be furnished, by a project or any part of a project and contract with any person, partnership, association, corporation, or public agency with respect to these matters, and to fix the terms and conditions upon which any pollution control facilities may be sold or disposed of, whether upon installment sales contracts or otherwise. +(d) Employ and fix the compensation of bond counsel, financial consultants, and advisers as may be necessary in its judgment in connection with the issuance and sale of any bonds, notes, bond anticipation notes, or other obligations of the authority; contract for engineering, architectural, accounting, or other services of appropriate agencies as may be necessary in the judgment of the authority for the successful development of any project; and pay the reasonable costs of consulting engineers, architects, accountants, and construction experts employed by any participating party if, in the judgment of the authority, those services are necessary to the successful development of any project, and those services are not obtainable from any public agency. +(e) Receive and accept loans, contributions, or +grants, +grants +of +money, +moneys, +property, labor, or other things of +value, +value +for, or in aid of, the authority in carrying out the purposes of this division, from any source, including, but not limited to, the federal government, the state, or any agency of the state, any local government or agency thereof, or any nonprofit or for-profit private entity or individual. +(f) Apply for, and accept, subventions, grants, loans, advances, and contributions from any +source, +sources +of +money, +moneys, +property, labor, or other things of value. The sources may include, but are not limited to, bond proceeds, dedicated taxes, state appropriations, federal appropriations, federal grant and loan funds, public and private sector retirement system funds, and proceeds of loans from the Pooled Money Investment Account. +(g) [Reserved] +(h) (1) Provide a loan directly, or indirectly through one or more public or private sector intermediaries, to any city, county, school district, redevelopment agency, financial institution, as defined in subdivision (d) of Section 44559.1, for-profit or not-for-profit organization, or participating party, as defined in Section 44506, to assist in financing, among other things, the costs of performing or obtaining brownfield site assessments, remedial action plans and reports, technical assistance, the cleanup, remediation, or development of brownfield sites, or any other similar or related costs, subject to all applicable federal, state, and local laws, procedures, and regulations. +(2) The authority shall establish standards and criteria to ensure that a recipient of direct or indirect financing for cleanup or remediation pursuant to this subdivision has the necessary financial resources and expertise to successfully and appropriately complete the cleanup or remediation of the property. +(3) The authority may pay all, or a portion, of the associated program development and implementation costs of any public or private sector intermediaries through which a loan is made. A loan authorized by this subdivision is subject to both of the following: +(A) A loan may be used in connection with a brownfield site prior to a determination of whether the site has a reasonable potential for economically beneficial reuse. +(B) A loan may be made upon the terms determined by the authority and may provide for any rate of interest or no interest. +(4) The authority shall fund a loan made pursuant to this subdivision from any funds available to it, from any funds set aside for the authority’s administrative expenses, or from any small business assistance fund established for these purposes pursuant to Section 44548. +(5) The authority may waive repayment of all, or a portion, of any loan made pursuant to this subdivision upon conditions to be determined by the authority, and the amount so waived shall be deemed a grant to the recipient. +(i) Do all things generally necessary or convenient to carry out the purposes of this division. +SEC. 6. +Section 44559.3 of the Health and Safety Code is amended to read: +44559.3. +(a) The authority shall establish a loss reserve account for each financial institution with which the authority makes a contract. +(b) The loss reserve account for a financial institution shall consist of moneys paid as fees by borrowers and the financial institution, moneys transferred to the account from a small business assistance fund, any matching federal moneys, and any other moneys provided by the authority or other source. +(c) Notwithstanding any other law, the authority may establish and maintain loss reserve accounts with any financial institution under any policies the authority may adopt, including the policies of other funding sources, pursuant to subdivision (b) of Section 44559.11. +(d) All moneys in a loss reserve account established pursuant to this article are the exclusive property of, and solely controlled by, the authority. Interest or income earned on moneys credited to the loss reserve account shall be deemed to be part of the loss reserve account. The authority may withdraw from the loss reserve account all, or a portion of, the interest or other income that has been credited to the loss reserve account. Any withdrawal made pursuant to this subdivision may be made prior to paying any claim and shall be used for the sole purpose of offsetting costs associated with carrying out the program, including administrative costs and loss reserve account contributions. +(e) The combined amount to be deposited by the participating financial institution into any individual loss reserve account over a three-year period, in connection with any single borrower or any group of borrowers among which a common enterprise exists, shall be not more than one hundred thousand dollars ($100,000). +SEC. 7. +Section 44559.6 of the Health and Safety Code is amended to read: +44559.6. +(a) Notwithstanding Section 10231.5 of the Government Code, the authority shall annually prepare a report to the Governor and the Legislature that describes the financial condition and programmatic results of the capital access loan programs authorized under this article. Programmatic results shall include, but not be limited to, the total number of business, entities, and individuals served, jobs created, jobs retained, the geographic distribution of the loans, and the breakdown of businesses served by industry sector for all new loans issued since the report for the prior year. +(b) The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. +SEC. 8. +Section 44559.11 of the Health and Safety Code is amended to read: +44559.11. +(a) It is the intent of the Legislature to ensure that the state, through the authority, may make maximum, efficient use of capital access programs enacted by all federal and state agencies, as well as funding available from any governmental program whose goals may be advanced by providing funding to the Capital Access Loan Program. +(b) In furtherance of this intent, and notwithstanding any other provision of this article, when the contributions required pursuant to Section 44559.4 are entirely funded by a source that is a public or quasi-public entity other than the authority, the authority may, by regulation adopted pursuant to subdivision (b) of Section 44520, establish alternate provisions as necessary to enable the authority to participate in the alternative funding source program, including implementing loan loss reserve programs to benefit any person, company, corporation, public agency, partnership, or firm engaged in activities in furtherance of the public or quasi-public entity’s policy objectives in the state that require financing.","The California Pollution Control Financing Authority Act establishes the California Pollution Control Financing Authority, with specified powers and duties, and authorizes the authority to approve financing for projects or pollution control facilities to prevent or reduce environmental pollution. +This bill would authorize the authority to lend financial assistance, including, but not limited to, grants, loans, credit enhancements, and other incentives. The bill also would authorize the authority to establish alternate provisions as necessary to enable the authority to participate in an alternative funding source program, including, but not limited to, implementing loan loss reserve programs to benefit any person, company, corporation, public agency, partnership, or firm engaged in activities in the state that require financing, and to adopt the policies of those alternative funding sources. The bill also would make conforming changes.","An act to amend Sections 44520, 44525, 44526, 44559.3, 44559.6, and 44559.11 of, and to repeal and add Section 44525.7 of, the Health and Safety Code, relating to the California Pollution Control Financing Authority." +814,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 186.9 of the Penal Code is amended to read: +186.9. +As used in this chapter: +(a) “Conducts” includes, but is not limited to, initiating, concluding, or participating in conducting, initiating, or concluding a transaction. +(b) “Financial institution” means, when located or doing business in this state, any national bank or banking association, state bank or banking association, commercial bank or trust company organized under the laws of the United States or any state, any private bank, industrial savings bank, savings bank or thrift institution, savings and loan association, or building and loan association organized under the laws of the United States or any state, any insured institution as defined in Section 401 of the National Housing Act (former 12 U.S.C. Sec. 1724(a)), any credit union organized under the laws of the United States or any state, any national banking association or corporation acting under Chapter 6 (commencing with Section 601) of Title 12 of the United States Code, any agency, agent or branch of a foreign bank, any currency dealer or exchange, any person or business engaged primarily in the cashing of checks, any person or business who regularly engages in the issuing, selling, or redeeming of traveler’s checks, money orders, or similar instruments, any broker or dealer in securities registered or required to be registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 or with the Commissioner of Corporations under Part 3 (commencing with Section 25200) of Division 1 of Title 4 of the Corporations Code, any licensed transmitter of funds or other person or business regularly engaged in transmitting funds to a foreign nation for others, any investment banker or investment company, any insurer, any dealer in gold, silver, or platinum bullion or coins, diamonds, emeralds, rubies, or sapphires, any pawnbroker, any telegraph company, any person or business regularly engaged in the delivery, transmittal, or holding of mail or packages, any person or business that conducts a transaction involving the transfer of title to any real property, vehicle, vessel, or aircraft, any personal property broker, any person or business acting as a real property securities dealer within the meaning of Section 10237 of the Business and Professions Code, whether licensed to do so or not, any person or business acting within the meaning and scope of subdivisions (d) and (e) of Section 10131 and Section 10131.1 of the Business and Professions Code, whether licensed to do so or not, any person or business regularly engaged in gaming within the meaning and scope of Section 330, any person or business regularly engaged in pool selling or bookmaking within the meaning and scope of Section 337a, any person or business regularly engaged in horse racing whether licensed to do so or not under the Business and Professions Code, any person or business engaged in the operation of a gambling ship within the meaning and scope of Section 11317, any person or business engaged in controlled gambling within the meaning and scope of subdivision (f) of Section 19805 of the Business and Professions Code, whether registered to do so or not, and any person or business defined as a “bank,” “financial agency,” or “financial institution” by Section 5312 of Title 31 of the United States Code or Section 1010.100 of Title 31 of the Code of Federal Regulations and any successor provisions thereto. +(c) “Transaction” includes the deposit, withdrawal, transfer, bailment, loan, pledge, payment, or exchange of currency, or a monetary instrument, as defined by subdivision (d), or the electronic, wire, magnetic, or manual transfer of funds between accounts by, through, or to, a financial institution as defined by subdivision (b). +(d) “Monetary instrument” means United States currency and coin; the currency, coin, and foreign bank drafts of any foreign country; payment warrants issued by the United States, this state, or any city, county, or city and county of this state or any other political subdivision thereof; any bank check, cashier’s check, traveler’s check, or money order; any personal check, stock, investment security, or negotiable instrument in bearer form or otherwise in a form in which title thereto passes upon delivery; gold, silver, or platinum bullion or coins; and diamonds, emeralds, rubies, or sapphires. Except for foreign bank drafts and federal, state, county, or city warrants, “monetary instrument” does not include personal checks made payable to the order of a named party which have not been endorsed or which bear restrictive endorsements, and also does not include personal checks which have been endorsed by the named party and deposited by the named party into the named party’s account with a financial institution. +(e) “Criminal activity” means a criminal offense punishable under the laws of this state by death, imprisonment in the state prison, or imprisonment pursuant to subdivision (h) of Section 1170 or a criminal offense committed in another jurisdiction punishable under the laws of that jurisdiction by death or imprisonment for a term exceeding one year. “Criminal activity” also means a criminal offense specified in Section +320, +321, 322, 323, 326, 330a, 330b, 330c, +or 330.1. +330.1, or 330.4. This subdivision does not apply to any controlled game within the scope of Section 19943.5 of the Business and Professions Code that is approved by the Department of Justice. +(f) “Foreign bank draft” means a bank draft or check issued or made out by a foreign bank, savings and loan, casa de cambio, credit union, currency dealer or exchanger, check cashing business, money transmitter, insurance company, investment or private bank, or any other foreign financial institution that provides similar financial services, on an account in the name of the foreign bank or foreign financial institution held at a bank or other financial institution located in the United States or a territory of the United States. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law makes it a felony or a misdemeanor to engage in money laundering, defined as conducting a transaction involving a monetary instrument of specified value through a financial institution with the specific intent to promote or facilitate criminal activity. Existing law defines criminal activity for these purposes as any criminal offense punishable as a felony. +This bill would expand the definition of criminal activity for purposes of money laundering to include various offenses punishable as misdemeanors that are related to illegal lotteries and gaming. By expanding the definition of a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 186.9 of the Penal Code, relating to money laundering." +815,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 30130.53 is added to the Revenue and Taxation Code, to read: +30130.53. +(a) The board shall determine within one year of the effective date of this act, and annually thereafter, the effect that the additional taxes imposed on cigarettes by this article, and the resulting increase in the tax on tobacco products required by subdivision (b) of Section 30123, have on the consumption of cigarettes and tobacco products in this state. To the extent that a decrease in consumption is determined by the board to be a direct result of the additional tax imposed by this article, or the resulting increase in the tax on tobacco products required by subdivision (b) of Section 30123, the board shall determine the fiscal effect the decrease in consumption has on the Cigarette and Tobacco Products Surtax Fund created by Section 30122 (Proposition 99 as approved by the voters at the November 8, 1988, statewide general election), the Breast Cancer Fund created by Section 30461.6, the California Children and Families Trust Fund created by Section 30131 (Proposition 10 as approved by the voters at the November 3, 1998, statewide general election), and the General Fund with respect to revenues derived from Section 30101. +(b) Funds shall be transferred from the California Tobacco Tax Act of 2015 Fund, to the Cigarette and Tobacco Products Surtax Fund, the Breast Cancer Fund, the California Children and Families Trust Fund, and the General Fund, to offset the revenue decrease directly resulting from imposition of additional taxes by this article. +(c) Transfers under this section shall be made by the board at times as the board determines necessary to further the intent of this section. +SEC. 2. +Section 30130.55 is added to the Revenue and Taxation Code, to read: +30130.55. +(a) Notwithstanding any other law, the California Tobacco Tax Act of 2015 Fund is a trust fund established solely to carry out the purposes set forth in this article, and all revenues deposited into the California Tobacco Tax Act of 2015 Fund, together with interest earned by the fund, shall be expended only in accordance with this article and its purposes. +(b) (1) Funds in the Tobacco Prevention and Education Account shall be available, upon appropriation by the Legislature, to supplement tobacco prevention and control programs as follows: +(A) Eighty percent to the State Department of Public Health. +(B) Ten percent to the State Department of Education. +(C) Ten percent to the University of California. +(2) Funds in the Tobacco Disease Related Health Care Account shall be available to the State Department of Health Care Services, upon appropriation by the Legislature, to improve existing programs to provide quality and access to health care programs for families and children pursuant to Chapter 7 (commencing with Section 14000) to Chapter 8.9 (commencing with Section 14700), inclusive, of Part 3 of Division 9 of the Welfare and Institutions Code. +(3) Funds in the Tobacco Law Enforcement Account shall be available to the board, the Department of Justice, and the State Department of Public Health, upon appropriation by the Legislature, for the purpose of supplementing funding for the enforcement of laws that regulate the distribution and sale of cigarettes and other tobacco products, including, but not limited to, laws that prohibit cigarette smuggling, counterfeiting, selling untaxed tobacco, selling tobacco without a proper license, and selling tobacco to minors, and enforcing tobacco-related laws, court judgments, and settlements. +(c) Not more than 5 percent of the funds received from the California Tobacco Tax Act of 2015 Fund shall be used by any state recipient for administrative costs. +(d) The Department of Justice, the State Department of Public Health, the State Department of Education, and the State Department of Health Care Services shall, and the Regents of the University of California are requested to, on an annual basis, publish on their respective Internet Web sites an accounting of moneys received from the California Tobacco Tax Act of 2015 Fund and how the moneys were spent. +SEC. 3. +This act shall become operative only if Senate Bill 591 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to immediately offset any revenue decreases to the California Children and Families Trust Fund, the Cigarette and Tobacco Products Surtax Fund, the Breast Cancer Fund, and the General Fund as a result of additional taxes that may be imposed, and to supplement tobacco prevention and control programs, to improve existing programs to provide quality and access to health care programs for families and children, and to supplement funding for the enforcement of laws that regulate the distribution and sale of cigarettes and other tobacco products at the earliest possible time, it is necessary that this act take effect immediately.","The Cigarette and Tobacco Products Tax Law, the violation of which is a crime, imposes a tax of $0.87 per package of 20 cigarettes on every distributor of cigarettes and a tax on the wholesale cost of tobacco products distributed at a tax rate that is equivalent to the combined rate of all taxes imposed on cigarettes, and at a rate equivalent to $0.50 per pack cigarette tax. Revenues from taxes imposed under this law are deposited in specified accounts. These taxes are inclusive of the taxes imposed under the Tobacco Tax and Health Protection Act of 1988 (Proposition 99) and the California Children and Families Act of 1998 (Proposition 10). +This bill would require moneys collected and deposited in the California Tobacco Tax Act of 2015 Fund from an additional tax to be imposed on the distribution of cigarettes, a related floor stock tax, and a cigarette indicia adjustment tax to be transferred from that fund to the California Children and Families Trust Fund, which is a continuously appropriated fund, thereby making an appropriation, the Cigarette and Tobacco Products Surtax Fund, the Breast Cancer Fund, and the General Fund, as necessary to offset revenue decreases to those funds directly resulting from additional taxes to be imposed. +This bill would also make funds of accounts in the California Tobacco Tax Act of 2015 Fund available to specified state entities upon appropriation by the Legislature to supplement tobacco prevention and control programs, to improve existing programs to provide quality and access to health care programs for families and children, and to supplement funding for the enforcement of laws that regulate the distribution and sale of cigarettes and other tobacco products, as specified. +This bill would require the Department of Justice, the State Department of Public Health, the State Department of Education, the State Department of Health Care Services, and would request the Regents of the University of California, annually to publish an accounting of moneys received from the fund on their respective Internet Web sites. +This bill would become operative only if SB 591 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Sections 30130.53 and 30130.55 to the Revenue and Taxation Code, relating to public health finance, +and +making an appropriation +therefor. +therefor, and declaring the urgency thereof, to take effect immediately." +816,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 2 (commencing with Section 18711) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: +Article 2. California Domestic Violence Victims Fund +18711. +(a) An individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the California Domestic Violence Victims Fund established by Section 18712. That designation is to be used as a voluntary contribution on the tax return. +(b) The contributions shall be in full dollar amounts and may be made individually by each signatory on a joint return. +(c) A designation under subdivision (a) shall be made for a taxable year on the original return for that taxable year, and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s liability, the return shall be treated as though no designation has been made. If a designee is not specified, the contribution shall be transferred to the General Fund after reimbursement of the direct actual costs of the Franchise Tax Board for the collection and administration of funds under this article. +(d) If an individual designates a contribution to more than one account or fund listed on the tax return, and the amount available is insufficient to satisfy the total amount designated, the contribution shall be allocated among the designees on a pro rata basis. +(e) The Franchise Tax Board shall revise the form of the return to include a space labeled “California Domestic Violence Victims Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to further the services that California’s domestic violence programs provide for victims of domestic violence. +(f) Notwithstanding any other law, a voluntary contribution designation for the California Domestic Violence Victims Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available. +(g) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a). +18712. +There is hereby established in the State Treasury the California Domestic Violence Victims Fund to receive contributions made pursuant to Section 18711. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18711 to be transferred to the California Domestic Violence Victims Fund. The Controller shall transfer from the Personal Income Tax Fund to the California Domestic Violence Victims Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18711 for payment into that fund. +18713. +All moneys transferred to the California Domestic Violence Victims Fund, upon appropriation by the Legislature, shall be allocated as follows: +(a) To the Franchise Tax Board and the Controller for reimbursement of all costs incurred by the Franchise Tax Board and the Controller in connection with their duties under this article. +(b) To the Office of Emergency Services for the distribution of funds to domestic violence programs in California that are in active status, as reflected on the Business Search page of the Secretary of State’s Internet Web site, and are exempt from federal income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code, and are active grant recipients under the Comprehensive Statewide Domestic Violence Program within the Office of Emergency Services as described in Section 13823.15 of the Penal Code. The Office of Emergency Services shall award the funds and be responsible for overseeing the grant program. +(1) A domestic violence program shall not use grant moneys awarded pursuant to this section for its administrative costs. +(2) The Office of Emergency Services shall not use fund moneys for its administrative costs. +18714. +(a) Except as otherwise provided in subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the California Domestic Violence Victims Fund on the personal income tax return, and is repealed as of December 1 of that year. +(b) (1) By September 1 of the second calendar year and each subsequent calendar year that the California Domestic Violence Victims Fund appears on the tax return, the Franchise Tax Board shall do all of the following: +(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. +(B) Provide written notification to the Office of Emergency Services of the amount determined in subparagraph (A). +(C) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. +(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. +(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the California Domestic Violence Victims Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c). +(c) For each calendar year, beginning with the third calendar year after the first appearance of the California Domestic Violence Victims Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows: +(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. +(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.","Existing law authorizes an individual to contribute amounts in excess of his or her tax liability for the support of specified funds. Existing law also has administrative provisions applicable to voluntary contributions. +This bill would additionally allow an individual to designate on his or her tax return that a specified amount in excess of his or her tax liability be transferred to the California Domestic Violence Victims Fund, which would be created by this bill. The bill would prohibit a voluntary contribution designation for the California Domestic Violence Victims Fund from being added on the tax return until another voluntary contribution designation is removed or a space is available. +The bill would require moneys in the California Domestic Violence Victims Fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller for reimbursement of costs and the balance to the Office of Emergency Services (OES) for the distribution of funds to active grant recipients under the Comprehensive Statewide Domestic Violence Program within OES, as provided. +The bill would provide that these provisions would remain in effect only until January 1 of the 5th taxable year following the first appearance of the California Domestic Violence Victims Fund on the tax return, but would further provide for an earlier repeal if the Franchise Tax Board determines that the amount of contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount, as defined, for that calendar year, in which case these provisions would be repealed on December 1 of that year.","An act to add and repeal Article 2 (commencing with Section 18711) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, relating to taxation." +817,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25200.24 is added to the Health and Safety Code, to read: +25200.24. +(a) Except as provided in subdivision (b), the department shall, as a condition for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit, require a facility operator to install monitoring devices or other equipment at the fence line of the facility to monitor for potential releases from the facility into the surrounding community. +(b) If the local air pollution control district or air quality management district, at the time that a hazardous waste facility applies for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit, imposes a requirement on hazardous waste facilities that is substantially similar to the requirement specified in subdivision (a), subdivision (a) shall not apply and the department shall instead require the facility to comply with the requirement of the air pollution control district or air quality management district as a condition for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit. +SEC. 2. +Section 25200.25 is added to the Health and Safety Code, to read: +25200.25. +(a) A member of the public may request a technical assistance grant for the purpose of getting assistance relating to, and information about, a pending hazardous waste facilities permit application. The department shall grant a request for a technical assistance grant if the department receives the request within one year of the submission of the applicable hazardous waste facilities permit application. The department may, in its discretion, grant a request for a technical assistance grant received more than one year from the submission of the applicable permit application. The technical assistance grant shall be funded by the permit applicant. The department shall develop criteria and post on its Internet Web site the minimum requirements for an entity that wishes to provide this technical assistance. +(b) Upon receipt of an application for a new hazardous waste facilities permit or for a renewal of a hazardous waste facilities permit, the department shall post on its Internet Web site that the application has been received. The department shall include with this information a description of the process for applying for a technical assistance grant. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SECTION 1. +Section 4629.8 is added to the +Welfare and Institutions Code +, to read: +4629.8. +(a)For purposes of this section, the following definitions apply: +(1)“Administrative costs” means all costs other than direct service expenditures, including all amounts actually paid and all accounts payable, as calculated in accordance with generally accepted accounting principles, including, but not limited to, all of the following: +(A)Compensation and benefits, including federal, state, and local payroll taxes, workers’ compensation and unemployment insurance premiums, and recruiting, training, orientation, and background checks for managerial personnel whose primary purpose is the administrative management of the entity, including, but not limited to, directors and chief executive officers. +(B)Compensation and benefits, including federal, state, and local payroll taxes, workers’ compensation and unemployment insurance premiums, and recruiting, training, orientation, and background checks for employees who perform administrative functions, including, but not limited to, payroll management, personnel functions, accounting, budgeting, and facility management. +(C)Facility and occupancy costs directly associated with administrative functions. +(D)Maintenance and repair. +(E)Data processing and computer support services. +(F)Contract and procurement activities, except those provided by a direct service employee. +(G)Training directly associated with administrative functions. +(H)Travel directly associated with administrative functions. +(I)Licenses directly associated with administrative functions. +(J)Taxes. +(K)Interest. +(L)Property insurance. +(M)Personal liability insurance directly associated with administrative functions. +(N)Depreciation. +(O)General expenses, including, but not limited to, communication costs and supplies directly associated with administrative functions. +(P)Consultants and professional services, including, but not limited to, accounting and legal services. +(Q)Distributions to shareholders. +(R)Advertising costs. +(S)Conference, convention, and meeting costs. +(T)Facility and office equipment costs, including, but not limited to, rent, lease, and mortgage payments, directly associated with administrative functions. +(U)Transfers to a corporate parent or franchisor, including, but not limited to, franchise fees, fees for copyright or trademark usage, fees for advertising materials, royalty fees, or conference fees. +(V)Other general operating and overhead costs. +(2)“Direct service expenditures” means all amounts actually paid and all accounts payable, as calculated in accordance with generally accepted accounting principles, in the following categories: +(A)Wages and benefits, including state, federal, and local payroll taxes, workers’ compensation and unemployment insurance premiums, and recruiting, training, orientation, and background checks for respite care aides. +(B)Expenses substantially similar to those in subparagraph (A) that are directly related to the provision of in-home respite services. +(3)“Financial management services” means services as defined by Section 4685.7 and any similar service, including, but not limited to, payroll duties, processing payments for the reimbursement of services, and other employer responsibilities that are required by federal and state law, when the agency is the employer for those purposes, but the consumer or his or her family member recruits the worker. +(4)“Service agency” means an organization or corporation that provides in-home respite services, as defined in Section 4690.2. +(b)(1)Notwithstanding Section 4629.7 or any other law, all regional center contracts or agreements with contracting entities that provide in-home respite services, as defined in Section 4690.2, and that have an annual revenue attributable to in-home respite services provided to regional center consumers of at least seven million dollars ($7,000,000), shall expressly require that at least 85 percent of regional center funds be spent on direct service expenditures. Direct service expenditures shall not include administrative costs. +(2)A contracting service agency may meet the annual revenue attributable to in-home respite services specified in paragraph (1) in either of the following ways: +(A)The annual revenue of the contracting service agency that is attributable to in-home respite services provided to regional center consumers, excluding financial management services, as defined in paragraph (3) of subdivision (a), and other administrative services, meets or exceeds seven million dollars ($7,000,000). +(B)The annual revenue of the contracting entity’s parent organization that is attributable to in-home respite services provided to regional center consumers in this state, excluding financial management services, as defined in paragraph (3) of subdivision (a), and other administrative services, whether earned directly by the parent organization or by subcontractors and subsidiaries of the parent organization, meets or exceeds seven million dollars ($7,000,000). +(c)Consistent with subdivision (b), service providers and contractors, upon request, shall provide regional centers with access to books, documents, papers, computerized data, source documents, consumer records, or other records pertaining to the service providers’ and contractors’ rates.","Existing law, as part of the hazardous waste control law, requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. Existing law requires the department to impose certain conditions on each hazardous waste facilities permit and authorizes the department to impose other conditions on a hazardous waste facilities permit, as specified. A violation of the hazardous waste control law is a crime. +The bill would require the department, as a condition for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit, to require a facility operator to install monitoring devices or other equipment at the fence line of the facility to monitor for potential releases from the facility into the surrounding community, except as specified. The bill would require the department to grant such a request from a member of the public for a technical assistance grant for the purpose of getting assistance relating to, and information about, a pending hazardous waste facilities permit if the department receives the request within one year of the submission of the applicable hazardous waste facilities permit application, and would authorize the department to, in its discretion, grant such a request received more than one year from the submission of the applicable permit application. The bill would require the permit applicant to fund the grants. The bill would require the department, upon receipt of an application for a new hazardous waste facilities permit or for a renewal of a hazardous waste facilities permit, to post on its Internet Web site that the application has been received, and to include with this information a description of the process for applying for a technical assistance grant. +Because a violation of the bill’s requirements would be a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to enter into contracts with private nonprofit corporations to operate regional centers for the provision of community services and support for persons with developmental disabilities and their families. Existing law sets forth the duties of the regional centers, including, but not limited to, development of individual program plans, the purchase of needed services to implement the plan, and monitoring of the delivery of those services. +Existing law requires the regional center contracts and agreements with service providers in which rates are determined through negotiations between the regional center and the service providers to expressly require that not more than 15% of regional center funds be spent on administrative costs, as defined. +This bill would require all regional center contracts or agreements with contracting entities that provide in-home respite services and that have an annual revenue attributable to in-home respite services provided to regional center consumers of at least $7,000,000, as specified, to expressly require that at least 85% of regional center funds be spent on direct service expenditures, as defined.","An act to add +Section 4629.8 to the Welfare and Institutions Code, +Sections 25200.24 and 25200.25 to the Health and Safety Code, +relating to +developmental services. +hazardous waste facilities." +818,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1824 is added to the Insurance Code, to read: +1824. +(a) The Bail Investigation and Prosecution Fund is hereby created as a special account within the Insurance Fund. Each surety insurer or bail permittee admitted and authorized to execute an undertaking of bail in this state through a licensed bail licensee shall pay a +fifteen- +dollar ($15) +fee per bail bond +transaction, not to exceed thirty dollars ($30), +transaction +for each bail bond posted in this state. The revenue from this fee shall be deposited into the Bail Investigation and Prosecution Fund. +(b) Moneys in the Bail Investigation and Prosecution Fund shall be distributed, upon appropriation by the Legislature, to fund the reasonable costs incurred in regulating entities involved in the undertaking of bail as described in this section. Moneys in the Bail Investigation and Prosecution Fund shall not be used for any other purpose. Moneys in the Bail Investigation and Prosecution Fund shall be distributed by the commissioner as follows: +(1) Seventy percent of these funds shall be distributed within the department for consumer enforcement and protection purposes related to bail transactions, including, but not limited to: +(A) Investigating and prosecuting unlawful conduct by bail licensees, or a person or entity purporting to solicit or negotiate in respect to execution or delivery of an undertaking of bail or bail bond, or execute or deliver an undertaking of bail or bail bond, or matters subsequent to the execution of an undertaking of bail or bail bond contract and arising out of it. +(B) Responding to consumer inquiries and complaints related to bail transactions. +(C) Regulating and overseeing bail bond products, solicitation, and advertising directed toward consumers. +(D) The cost of any fiscal audit performed pursuant to this section. +(2) Thirty percent of the funds shall be distributed to county district attorneys and city attorneys, for investigating and prosecuting surety insurer and bail abuse cases involving licensees, or any person or entity engaged in the solicitation or negotiation in respect to execution or delivery of an undertaking of bail or bail bond, or execution or delivery of an undertaking of bail or bail bond. +(A) The commissioner shall distribute funds to county district attorneys and city attorneys who show a likely positive outcome that will benefit consumers in the local jurisdiction based on specific criteria promulgated by the commissioner. Each local district attorney and city attorney desiring a portion of those funds shall submit to the commissioner an application, including, at a minimum, all of the following: +(i) The proposed use of the moneys and the anticipated outcome. +(ii) A list of all prior relevant cases or projects and a copy of the final accounting for each. If cases or projects are ongoing, the most recent accounting shall be provided. +(iii) A detailed budget, including salaries and general expenses, specifically identifying the cost of purchase or rental of equipment or supplies. +(B) Each district attorney and city attorney that receives funds pursuant to this section shall submit a final detailed accounting at the conclusion or closure of each case or project. For cases or projects that continue longer than six months, interim accountings shall be submitted every six months, or as otherwise directed by the commissioner. +(C) Each district attorney and city attorney that receives funds pursuant to this section shall submit a final report to the commissioner, which may be made public, as to the success of the cases or projects conducted. The report shall provide information and statistics on the number of active investigations, arrests, indictments, and convictions. The applications for moneys, the distribution of moneys, and the annual reports shall be public documents. +(c) Notwithstanding any other provision of this section, information submitted to the commissioner pursuant to this section concerning criminal investigations, whether active or inactive, shall be confidential. +(d) The commissioner may conduct a fiscal audit of the programs administered under this subdivision. If conducted, this fiscal audit shall be conducted by an internal audit unit of the department. +(e) If the commissioner determines that a district attorney or city attorney is unable or unwilling to investigate or prosecute a relevant bail abuse case, the commissioner may discontinue distribution of funds allocated for that matter and may redistribute those funds to other eligible district attorneys or city attorneys. +(f) If, as of June 30 of any calendar year, the total amount in the Bail Investigation and Prosecution Fund exceeds eight million dollars ($8,000,000), the commissioner shall reduce the amount of the assessment accordingly for the following year to eliminate that excess. A surety insurer, upon receipt of an invoice, shall transmit payment to the department for deposit in the Bail Investigation and Prosecution Fund. Any balance remaining in the Bail Investigation and Prosecution Fund at the end of the fiscal year shall be retained in the account, to be available in the next fiscal year. +(g) The commissioner may develop guidelines for implementing or clarifying these provisions, including guidelines for the allocation, distribution, and potential return of unused funds. The commissioner may, from time to time, issue regulations for implementing or clarifying these provisions. +Regulations adopted pursuant to this section shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). +(h) The commissioner shall provide a consolidated report annually on the department’s Internet Web site, which shall include, but is not limited to, the following information: +(1) The number of consumer complaints regarding +to +bail bond transactions. +(2) The number of investigations initiated relating to bail bond transactions. +(3) The number of investigations related to bail and bail bond transactions referred to and reported by prosecuting agencies. +(4) The number of administrative or regulatory cases related to bail and bail bond transactions referred to the department’s legal division. +(5) The number of administrative or regulatory enforcement actions taken in cases related to bail and bail bond transactions. +(i) A violation of this section is not a crime pursuant to Section 1814. +SEC. 2. +The Legislature finds and declares that this act imposes limits on the public’s right of access to meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following finding to demonstrate the interest protected by this limitation and the need for protecting that interest: +In order to ensure that criminal investigations are not frustrated or hindered, it is necessary to limit the public’s right of access to information submitted to the Insurance Commissioner pursuant to this act concerning criminal investigations.","(1) Existing law provides for the issuance of bail licenses under the jurisdiction of the Insurance Commissioner. Existing law requires persons soliciting or negotiating the execution or delivery of an undertaking of bail on behalf of a surety insurer to be licensed as a bail agent. +This bill would require each surety insurer or bail permittee to pay a +fee, not to exceed $30 +fee of $15 +per bail bond transaction. These fees would go to the Bail Investigation and Prosecution Fund, created as a special account in the Insurance Fund. This bill would provide that moneys in the Bail Investigation and Prosecution Fund be distributed by the commissioner, upon appropriation, to fund the reasonable costs incurred in regulating entities involved in the undertaking of bail, as specified. This bill would +provide that +require the commissioner to reduce the amount of the assessment, as specified, +if the total amount in the Bail Investigation and Prosecution Fund ever exceeds +$8,000,000, then the commissioner shall reduce the amount of the assessment, as specified. +$8,000,000. +This bill would authorize the commissioner to develop guidelines to implement or clarify these provisions. This bill would require the commissioner to provide an annual report on the department’s Internet Web site including various information, as specified. +(2) Existing constitutional provisions require that a statute that limits the public’s right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to add Section 1824 to the Insurance Code, relating to insurance." +819,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) For many victims of domestic violence, a wireless telephone is their lifeline to the community resources, life-saving services, and support network they need to leave their batterer and abusive environment. For the majority of victims, shelter in a confidential safe house is a last resort, and, in fact, unnecessary. Victims are going about their lives, working, and taking care of their children, as they are making plans and determining their next steps to safely leave their abuser. Many victims are able to access counseling services and obtain legal assistance, such as securing a restraining order, without entering into a safe house. For these victims, a wireless telephone serves as a critical tool for making appointments and communicating with their advocates. +(b) Allowing a victim of domestic violence to retain the use of an existing wireless telephone number and access to the contacts and other information that may be contained in an existing wireless telephone is important for both the safety and emotional support of the victim. This can be a problem if the domestic violence victim is not the accountholder for the wireless telephone, as only an accountholder has the authority to release the telephone number or numbers contained in the account. +(c) According to a Wall Street Journal article, in 2011 just under 71 percent of households had a landline in the home, down from a little more than 96 percent of households 15 years earlier. Cellular telephone ownership among adults reached 89 percent in 2011, up from approximately 36 percent in 1998. +(d) A 2014 National Public Radio Survey of 72 shelters in large cities and smaller towns across the nation found that 85 percent of the shelters worked directly with victims whose abusers tracked the victims using GPS. Seventy-five percent of the shelters worked with victims whose abusers eavesdropped on their conversations remotely by using hidden mobile applications. +SEC. 2. +Section 6347 is added to the Family Code, to read: +6347. +(a) Commencing July 1, 2016, in order to ensure that the requesting party can maintain an existing wireless telephone number, and the wireless numbers of any minor children in the care of the requesting party, the court may issue an order, after notice and a hearing, directing a wireless telephone service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to the requesting party, if the requesting party is not the accountholder. +(b) (1) The order transferring billing responsibility for and rights to the wireless telephone number or numbers to a requesting party shall be a separate order that is directed to the wireless telephone service provider. The order shall list the name and billing telephone number of the accountholder, the name and contact information of the person to whom the telephone number or numbers will be transferred, and each telephone number to be transferred to that person. The court shall ensure that the contact information of the requesting party is not provided to the accountholder in proceedings held pursuant to Division 10 (commencing with Section 6200). +(2) The order shall be served on the wireless service provider’s agent for service of process listed with the Secretary of State. +(3) Where the wireless service provider cannot operationally or technically effectuate the order due to certain circumstances, including, but not limited to, any of the following, the wireless service provider shall notify the requesting party within 72 hours of receipt of the order: +(A) When the accountholder has already terminated the account. +(B) When differences in network technology prevent the functionality of a device on the network. +(C) When there are geographic or other limitations on network or service availability. +(c) (1) Upon transfer of billing responsibility for and rights to a wireless telephone number or numbers to a requesting party pursuant to subdivision (b) by a wireless telephone service provider, the requesting party shall assume all financial responsibility for the transferred wireless telephone number or numbers, monthly service costs, and costs for any mobile device associated with the wireless telephone number or numbers. +(2) This section shall not preclude a wireless service provider from applying any routine and customary requirements for account establishment to the requesting party as part of this transfer of billing responsibility for a wireless telephone number or numbers and any devices attached to that number or numbers, including, but not limited to, identification, financial information, and customer preferences. +(d) This section shall not affect the ability of the court to apportion the assets and debts of the parties as provided for in law, or the ability to determine the temporary use, possession, and control of personal property pursuant to Sections 6324 and 6340. +(e) No cause of action shall lie against any wireless telephone service provider, its officers, employees, or agents, for actions taken in accordance with the terms of a court order issued pursuant to this section. +(f) The Judicial Council shall, on or before July 1, 2016, develop any forms or rules necessary to effectuate this section. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes a court to issue an ex parte protective order enjoining a party from engaging in specified acts against another party, including, among other things, threatening or harassing that party. Existing law also authorizes a court to include these protective orders and other orders in a judgment entered in specified proceedings, including, among others, a proceeding for the dissolution of marriage. A violation of these court orders constitutes contempt of court, which is punishable as a misdemeanor. +This bill would, commencing July 1, 2016, additionally authorize a court, after notice and a hearing, to issue an order directing a wireless telephone service provider to transfer the billing responsibility and rights to a wireless telephone number or numbers to a requesting party. The bill would require that order to be a separate order directed to the wireless telephone service provider that lists the name and billing telephone number of the accountholder, the name and contact information of the person to whom the number or numbers will be transferred, and each number to be transferred to that person. The bill would require, upon transfer of billing responsibility for and rights to a wireless telephone number or numbers, the requesting party to assume all financial responsibility for the transferred wireless telephone number or numbers, monthly service costs, and costs for any mobile device associated with the wireless telephone number or numbers. The bill would not affect the ability of the court to apportion the assets and debts of the parties as provided for in law, or the ability to determine the temporary use, possession, and control of personal property, as specified. The bill would prohibit a cause of action against a wireless telephone service provider, its officers, employees, or agents, for actions taken in accordance with the terms of the court order. The bill would require the Judicial Council to, on or before July 1, 2016, develop any forms or rules necessary to effectuate these provisions. +By expanding the scope of an existing crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 6347 to the Family Code, relating to family law." +820,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares the following: +(a) The State of California has officially recognized the Armenian Genocide each year for decades and has repeatedly urged the Republic of Turkey to acknowledge the facts of the Armenian Genocide and work toward a just resolution, honor its obligations under international treaties and human rights laws, to end all forms of religious discrimination and persecution, and to return Christian church properties to their rightful owners. +(b) Genocide is defined by the United Nations as an act “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”. +(c) Genocide denial is widely viewed as among the final stages of genocide and serves to perpetuate the effects of genocide even after the active phases of extermination, massacres, forced marches, and deportation has ended. +(d) The government of Turkey has engaged and continues to engage in an ongoing campaign of genocide denial and historical revisionism by refusing to acknowledge its responsibility for the Armenian Genocide, refusing to compensate its victims, and actively pursuing a well-funded political lobbying campaign throughout the United States, including in California, to rewrite history and defeat legislation recognizing the Armenian Genocide. +(e) The government of Turkey has engaged and continues to engage in efforts to effect Armenian cultural erasure since the founding of the Republic of Turkey, including, but not limited to, ethnic cleansings and the destruction of sacred Armenian religious sites. +(f) Reference in Turkey by any scholar, journalist, or other person to the massacre and deportation of Armenians in 1915 to 1923, inclusive, as genocide can be criminally prosecuted under Article 301 of the Turkish Penal Code. +(g) The State of California is home to the largest Armenian-American population in the United States, and Armenians living in California, most of whom are direct descendants of the survivors of the Armenian Genocide, have enriched our state through their leadership and contributions in business, agriculture, academia, government, and the arts, yet continue to suffer the effects of the continued denial campaign by the government of Turkey. +(h) The State of California, as the world’s eighth largest economy, and in accordance with principles of human rights and justice, has taken the lead in adopting legislation to divest from South Africa for its policy of apartheid, Sudan for its genocide in Darfur, and Iran for its support of international terrorism, imposing economic consequences upon regimes that engage in conduct and policy that violate human rights or constitute crimes against humanity. +(i) The State of California, through its Public Employees’ Retirement System (PERS) and its State Teachers’ Retirement System (STRS), directly invests public funds in the government of Turkey, which then reaps profits while actively denying the Armenian Genocide, funding its continued campaign of denial, at least in part, through these investments in its economy. +(j) By investing public funds in the government of Turkey, the State of California as the embodiment of its citizens contradicts its longstanding, just position of recognizing the Armenian Genocide and urging the government of Turkey to acknowledge its responsibility and work toward a just resolution by honoring its obligations under international treaties and human rights laws, to end all forms of religious discrimination and persecution, and to return Christian church properties to their rightful owners. +(k) It is the government of Turkey, not the people of Turkey, that is responsible for Turkey’s continued egregious violations of human rights and active pursuit of genocide denial, cultural erasure, and historical revisionism. +(l) PERS currently has investment holdings in bonds directly issued by the Republic of Turkey in excess of $185,000,000. +(m) STRS currently has investment holdings in bonds directly issued by the Republic of Turkey in excess of several hundred million dollars. +(n) Investment in the Republic of Turkey enables its government to continue to deny justice to the Armenian people. +(o) Divesting these funds would ensure that the State of California is in no way complicit in the continued denial of the Armenian Genocide by the government of Turkey and would encourage said government to acknowledge the Armenian Genocide and to reach a fair and just resolution of reparations for the survivors of the Armenian Genocide. +SEC. 2. +Section 7513.75 is added to the Government Code, to read: +7513.75. +(a) As used in this section, the following terms have the following meanings: +(1) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board of the State Teachers’ Retirement System, as applicable. +(2) “Government of Turkey” means the government of Turkey or its instrumentalities or political subdivisions. “Government of Turkey” also includes any and all investment vehicles, government bonds, or financial institutions and entities that are owned, controlled, or operated by the government of Turkey. +(3) “Turkey” means the Republic of Turkey or any territory under the administration or control of Turkey. +(4) “Public employee retirement funds” means the Public Employees’ Retirement Fund described in Section 20062 and the Teachers’ Retirement Fund described in Section 22167 of the Education Code. +(b) The board shall not invest public employee retirement funds in any investment vehicle in Turkey that meets either of the following criteria: +(1) The investment vehicle is issued by the government of Turkey. +(2) The investment vehicle is owned, controlled, or managed by the government of Turkey. +(c) On or before June 30, 2016, the board shall determine which Turkish investment vehicles are subject to divestment. +(d) After the determination described in subdivision (c), the board shall determine, by the next applicable board meeting, if a Turkish investment vehicle meets the criteria described in subdivision (b). If the board plans to invest or has investments in a company that meets the criteria described in subdivision (b), that planned or existing investment shall be subject to subdivisions (g) and (h). +(e) Investments of the board in an investment vehicle that does not meet the criteria described in subdivision (b) are not subject to subdivision (h) if the company does not subsequently meet the criteria described in subdivision (b). The board shall identify the reasons why that investment vehicle does not satisfy the criteria described in subdivision (b) in the report to the Legislature described in subdivision (i). +(f) (1) Notwithstanding subdivisions (d) and (e), if the board’s investment in a company described in subdivision (b) is limited to investment via an externally and actively managed commingled fund, the board shall contact that fund manager in writing and request that the fund manager remove that investment vehicle from the fund as described in subdivision (h). On or before June 30, 2016, if the fund or account manager creates a fund or account devoid of investment vehicles described in subdivision (b), the transfer of board investments from the prior fund or account to the fund or account devoid of the investment vehicles shall be deemed to satisfy subdivision (h). +(2) If the board’s investment in an investment vehicle described in subdivision (b) is limited to an alternative fund or account, the alternative fund or account manager creates an actively managed commingled fund that excludes investment vehicles described in subdivision (b), and the new fund or account is deemed to be financially equivalent to the existing fund or account, the transfer of board investments from the existing fund or account to the new fund or account shall be deemed to satisfy subdivision (h). If the board determines that the new fund or account is not financially equivalent to the existing fund, the board shall include the reasons for that determination in the report described in subdivision (i). +(3) The board shall make a good faith effort to identify any private equity investments that involve investment vehicles described in subdivision (b), or are linked to the government of Turkey. If the board determines that a private equity investment clearly involves an investment vehicle described in subdivision (b), or is linked to the government of Turkey, the board shall consider, at its discretion, if those private equity investments shall be subject to subdivision (h). If the board determines that a private equity investment clearly involves a company described in subdivision (b), or is linked to the government of Turkey and the board does not take action as described in subdivision (h), the board shall include the reasons for its decision in the report described in subdivision (i). +(g) Except as described in subdivisions (e) and (f), the board, in the board’s capacity of shareholder or investor, shall notify any investment vehicle described in subdivision (d) that the investment vehicle is subject to subdivision (h) and permit that investment vehicle to respond to the board. The board shall request that the investment vehicle take substantial action to disassociate itself from the government of Turkey no later than 90 days from the date the board notified the investment vehicle under this subdivision. If the board determines that an investment vehicle has taken substantial action or has made sufficient progress toward substantial action before the expiration of that 90-day period, that investment vehicle shall not be subject to subdivision (h). The board shall, at intervals not to exceed 90 days, continue to monitor and review the progress of the investment vehicle until that investment vehicle has taken substantial action in Turkey. An investment vehicle that fails to complete substantial action within one year from the date of the initial notice by the board shall be subject to subdivision (h). +(h) If an investment vehicle described in subdivision (d) fails to complete substantial action by the time described in subdivision (g), the board shall take the following actions: +(1) The board shall not make additional or new investments or renew existing investments in that investment vehicle. +(2) The board shall liquidate the investments of the board in that investment vehicle no later than 18 months after this subdivision applies to that investment vehicle. The board shall liquidate those investments in a manner to address the need for investment vehicles to take substantial action in Turkey and consistent with the board’s fiduciary responsibilities as described in Section 17 of Article XVI of the California Constitution. +(i) On or before January 1, 2017, and every year thereafter, the board shall file a report with the Legislature. The report shall describe the following: +(1) A list of investments the board has in investment vehicles that satisfy the criteria in subdivision (b), including, but not limited to, the issuer, by name, of the stock, bonds, securities, and other evidence of indebtedness. +(2) A detailed summary of the association between an investment vehicle described in paragraph (1) and the government of Turkey. +(3) Whether the board has reduced its investments in an investment vehicle that satisfies the criteria in subdivision (b). +(4) If the board has not completely reduced its investments in an investment vehicle that satisfies the criteria in subdivision (b), when the board anticipates that the board will reduce all investments in that investment vehicle or the reasons why a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution. +(5) Any information described in subdivisions (d) and (e). +(6) A detailed summary of investments that were transferred to funds or accounts devoid of Turkish investment vehicles as described in subdivision (f). +(7) An annual calculation of any costs or investment losses or other financial results incurred in compliance with the provisions of this section. +(j) If the board voluntarily sells or transfers all of its investments in a Turkish investment vehicle in accordance with this section, this section shall not apply except that the board shall file a report with the Legislature related to that investment vehicle as described in subdivision (i). +(k) Nothing in this section shall require the board to take action as described in this section if the board determines, and adopts findings, in good faith and based on credible information available to the public, that the action described in this section would fail to satisfy the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution. +(l) This section shall be known, and may be cited, as the California Public Divest from Turkey to End the Perpetuation of the Armenian Genocide Act. +SEC. 3. +Section 16642 of the Government Code is amended to read: +16642. +Present, future, and former board members of the Public Employees’ Retirement System or the State Teachers’ Retirement System, jointly and individually, state officers and employees, research firms described in subdivision (d) of Section 7513.6, and investment managers under contract with the Public Employees’ Retirement System or the State Teachers’ Retirement System shall be indemnified from the General Fund and held harmless by the State of California from all claims, demands, suits, actions, damages, judgments, costs, charges and expenses, including court costs and attorney’s fees, and against all liability, losses, and damages of any nature whatsoever that these present, future, or former board members, officers, employees, research firms as described in subdivision (d) of Section 7513.6, or contract investment managers shall or may at any time sustain by reason of any decision to restrict, reduce, or eliminate investments pursuant to Sections +7513.6 and 7513.7. +7513.6, 7513.7, and 7513.75. +SEC. 4. +The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","The California Constitution provides that the Legislature may by statute prohibit retirement board investments if it is in the public interest to do so, and providing that the prohibition satisfies specified fiduciary standards. +Existing law prohibits the Public Employees’ Retirement System and the State Teachers’ Retirement System from investing public employee retirement funds in a company with active business operations in Sudan and in Iran, as specified. +This bill would additionally prohibit the Public Employees’ Retirement System and the State Teachers’ Retirement System from investing public employee retirement funds in a Turkish investment vehicle, as specified. The bill would require the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board of the State Teachers’ Retirement System to sell or transfer any investments in a Turkish investment vehicle. +This bill would require these boards, on or before January 1, 2017, and annually thereafter, to report to the Legislature any investments in a Turkish investment vehicle and the sale or transfer of those investments, subject to the fiduciary duty of these boards. +This bill would indemnify from the General Fund and hold harmless the present, former, and future board members, officers, and employees of and investment managers under contract with those retirement systems.","An act to amend Section 16642 of, and to add Section 7513.75 to, the Government Code, relating to investments." +821,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 34191.4 of the Health and Safety Code is amended to read: +34191.4. +The following provisions shall apply to any successor agency that has been issued a finding of completion by the Department of Finance: +(a) All real property and interests in real property identified in subparagraph (C) of paragraph (5) of subdivision (c) of Section 34179.5 shall be transferred to the Community Redevelopment Property Trust Fund of the successor agency upon approval by the Department of Finance of the long-range property management plan submitted by the successor agency pursuant to subdivision (b) of Section 34191.5 unless that property is subject to the requirements of any existing enforceable obligation. +(b) (1) Except as provided in subdivision (c), and notwithstanding subdivision (d) of Section 34171, upon application by the successor agency and approval by the oversight board, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created the redevelopment agency shall be deemed to be enforceable obligations provided that the oversight board makes a finding that the loan was for legitimate redevelopment purposes. +(2) If the oversight board finds that the loan is an enforceable obligation, the accumulated interest on the remaining principal amount of the loan shall be recalculated from origination at the interest rate earned by funds deposited into the Local Agency Investment Fund. The loan shall be repaid to the city, county, or city and county in accordance with a defined schedule over a reasonable term of years at an interest rate not to exceed the interest rate earned by funds deposited into the Local Agency Investment Fund. The annual loan repayments provided for in the recognized obligation payment schedules shall be subject to all of the following limitations: +(A) Loan repayments shall not be made prior to the 2013–14 fiscal year. Beginning in the 2013–14 fiscal year, the maximum repayment amount authorized each fiscal year for repayments made pursuant to this subdivision and paragraph (7) of subdivision (e) of Section 34176 combined shall be equal to one-half of the increase between the amount distributed to the taxing entities pursuant to paragraph (4) of subdivision (a) of Section 34183 in that fiscal year and the amount distributed to taxing entities pursuant to that paragraph in the 2012–13 base year, provided, however, that calculation of the amount distributed to taxing entities during the 2012–13 base year shall not include any amounts distributed to taxing entities pursuant to the due diligence review process established in Sections 34179.5 to 34179.8, inclusive. Loan or deferral repayments made pursuant to this subdivision shall be second in priority to amounts to be repaid pursuant to paragraph (7) of subdivision (e) of Section 34176. +(B) Repayments received by the city, county, or city and county that formed the redevelopment agency shall first be used to retire any outstanding amounts borrowed and owed to the Low and Moderate Income Housing Fund of the former redevelopment agency for purposes of the Supplemental Educational Revenue Augmentation Fund and shall be distributed to the Low and Moderate Income Housing Asset Fund established by subdivision (d) of Section 34176. +(C) Twenty percent of any loan repayment shall be deducted from the loan repayment amount and shall be transferred to the Low and Moderate Income Housing Asset Fund, after all outstanding loans from the Low and Moderate Income Housing Fund for purposes of the Supplemental Educational Revenue Augmentation Fund have been paid. +(c) (1) Notwithstanding subdivision (b) and subdivision (d) of Section 34171, upon application by the successor agency and approval by the oversight board, loan agreements entered into between a redevelopment agency and the City of San Joaquin, where the outstanding principal balance of the loan is one million two hundred fifty thousand ($1,250,000) or less, shall be deemed to be enforceable obligations if the oversight board makes all of the following findings: +(A) The loan was for legitimate redevelopment purposes. +(B) The loan was entered into more than two years after the creation of the former redevelopment agency, and prior to January 1, 2011. +(C) The loan was related to an indebtedness obligation. +(D) The loan is the only debt of the former redevelopment agency remaining to be paid on the recognized obligation payment schedule. +(E) The amount distributed to the taxing entities pursuant to paragraph (4) of subdivision (b) of Section 34183 in the previous fiscal year was less than two hundred fifty thousand dollars ($250,000). +(2) Repayments of a loan described in this subdivision are not subject to the requirements of paragraph (1) and subparagraph (A) of paragraph (2) of subdivision (b). The accumulated interest rate shall be recalculated from origination at the interest rate of 0.25 percent. +(d) (1) Bond proceeds derived from bonds issued on or before December 31, 2010, shall be used for the purposes for which the bonds were sold. +(2) (A) Notwithstanding Section 34177.3 or any other conflicting provision of law, bond proceeds in excess of the amounts needed to satisfy approved enforceable obligations shall thereafter be expended in a manner consistent with the original bond covenants. Enforceable obligations may be satisfied by the creation of reserves for projects that are the subject of the enforceable obligation and that are consistent with the contractual obligations for those projects, or by expending funds to complete the projects. An expenditure made pursuant to this paragraph shall constitute the creation of excess bond proceeds obligations to be paid from the excess proceeds. Excess bond proceeds obligations shall be listed separately on the Recognized Obligation Payment Schedule submitted by the successor agency. +(B) If remaining bond proceeds cannot be spent in a manner consistent with the bond covenants pursuant to subparagraph (A), the proceeds shall be used to defease the bonds or to purchase those same outstanding bonds on the open market for cancellation. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the special circumstances relating to the health and safety of the residents of the City of San Joaquin.","Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies, subject to review by oversight boards, and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law requires the Department of Finance to issue a finding of completion to a successor agency upon confirmation by the county auditor-controller that specified payments have been fully made by the successor agency. Existing law defines “enforceable obligation” for these purposes to generally exclude any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. However, existing law provides that upon application by the successor agency and approval by the oversight board, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created the redevelopment agency are deemed to be enforceable obligations provided that the oversight board makes a finding that the loan was for legitimate redevelopment purposes. +This bill would additionally provide that upon application by the successor agency and approval by the oversight board, loan agreements entered into between a redevelopment agency and the City of San Joaquin, where the outstanding principal balance of the loan is $1,250,000 or less, are enforceable obligations if the oversight board finds, among other things, that the loan was for legitimate redevelopment purposes, it was entered into more than 2 years after the creation of the former redevelopment agency and prior to January 1, 2011, and it is the only debt of the former redevelopment agency remaining to be paid on the recognized obligation payment schedule. +This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Joaquin.","An act to amend Section 34191.4 of the Health and Safety Code, relating to redevelopment." +822,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25143.2.5 is added to the Health and Safety Code, to read: +25143.2.5. +(a) For purposes of this section, the following definitions apply: +(1) “Cathode ray tube” or “CRT” means a vacuum tube or picture tube used to convert an electrical signal into a visual image. +(2) “CRT device” means any electronic device that contains one or more CRTs including, but not limited to, computer monitors, televisions, cash registers, and oscilloscopes. +(3) “CRT funnel glass” means any glass separated from CRT panel glass that is derived from the treatment of a CRT and that consists of the neck and funnel section of a CRT, including the frit. +(4) “CRT panel glass” means glass separated from CRT funnel glass that is derived from the treatment of a CRT and that consists only of the face plate of a CRT containing a phosphor viewing surface. CRT panel glass does not include the frit. +(5) “CRT panel glass without phosphor” means CRT panel glass that has undergone treatment by an authorized universal waste handler to remove the phosphor. +(b) Used, broken CRT panel glass that exceeds the total threshold limit concentration (TTLC) only for barium is not a waste and is not subject to regulation by the department pursuant to this chapter, including the prohibition on the use of that glass in a manner constituting disposal, if it is recycled and meets the requirements of Section 261.39 of Title 40 of the Code of Federal Regulations. +(c) CRT panel glass without phosphor that exceeds the TTLC only for barium is not a waste and is not subject to regulation by the department pursuant to this chapter, including the prohibition on the use of that glass in a manner constituting disposal, if that glass meets the requirements of Section 66273.81 of Title 22 of the California Code of Regulations and is managed in accordance with the requirements of Section 261.39 of Title 40 of the Code of Federal Regulations. +(d) CRT panel glass meeting the requirements of subdivision (b) or (c) that is recycled may be used only for the following end uses: +(1) Tiles, including floor or wall tiles. +(2) Fiberglass. +(3) Radiation shielding glass. +(4) Decorative glass. +(5) Bricks. +(6) Cast concrete. +(7) Blasting media. +(8) Construction block. +(9) Any other end uses identified by the department, in consultation with the Department of Resources Recycling and Recovery, that pose no risk to the public health and safety. +(e) The department may prohibit any previously authorized end use if the department determines that the end use potentially poses environmental or public health harm. The department shall notify the recyclers of the prohibition not less than 60 days prior to the effective date of the prohibition. +(f) Used, broken CRT panel glass and processed CRT panel glass that exceeds the TTLC only for barium and that is recycled is not subject to any requirement implementing this chapter regarding export of materials. +(g) Except regarding the barium threshold, this section does not affect, in any manner, the regulations adopted pursuant to this chapter regulating the processing of CRT panel glass for disposal. +(h) This section does not affect the identification or classification of a waste that is derived from the end use products listed in or identified pursuant to subdivision (d). +(i) This section does not affect, in any manner, the authority of the Department of Resources Recovery and Recycling under Section 41821.5 of, or Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30 of, the Public Resources Code. +(j) This section does not apply to any CRT panel glass that is used to manufacture any product or packaging intended to be used for food or food products, including pet food and livestock feeds, any medicines or drugs, any medical devices, any baby bottles, any other food service items, including wine glasses, plates, bowls, or drinking glasses, or any other manufactured articles or products for which the department declares that that use may have a potential adverse impact upon human health. Such a declaration by the department need not be risk-based and need not meet the peer review requirements that may otherwise be required by law. +(k) This section does not affect, in any manner, the Toxics in Packaging Prevention Act (Article 10.4 (commencing with Section 25214.11)) or the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5)). +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law prohibits the management of hazardous waste, except in accordance with the hazardous waste laws. Existing law requires the Department of Toxic Substances Control to regulate the management and disposal of hazardous waste. Under existing regulations, the department classifies a waste as hazardous waste if the waste exceeds certain total threshold limitation concentrations, which are established by the department for various substances, including barium. A violation of the hazardous waste laws is a crime. +This bill, except as specified, would provide that used, broken cathode ray tube (CRT) panel glass and processed CRT panel glass that exceeds the total threshold limit concentration only for barium is not a waste and is not subject to regulation by the department if that panel glass meets certain requirements. The bill would provide that used, broken CRT panel glass and processed CRT panel glass that is recycled is not subject to the department’s regulations on the export of materials. The bill would prohibit the use of that CRT panel glass except in specified end uses. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 25143.2.5 to the Health and Safety Code, relating to hazardous waste." +823,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) In March 2014, a gas leak was detected beneath the community of Arvin, California. Families were evacuated from their homes and unable to return for several months. +(b) Existing regulations for the regular testing and evaluation of smaller diameter pipelines like the one that leaked in Arvin, California were insufficient to protect that community from a serious gas leak. +(c) In view of the Arvin, California leak, the Division of Oil, Gas, and Geothermal Resources should review and reassess its existing regulations for active gas pipelines that are four inches or less in diameter and update its regulations to ensure the integrity of those active gas pipelines and to prevent, as far as possible, damage to life, health, property, and natural resources. +(d) Given its jurisdiction and expertise, the Division of Oil, Gas, and Geothermal Resources has the authority to determine the appropriate methods for assessing the integrity of active gas pipelines. +SEC. 2. +Section 101042 is added to the Health and Safety Code, to read: +101042. +(a) If the local health officer or his or her designee is notified of a leak in an active gas pipeline, that is within the jurisdiction of the Division of Oil, Gas, and Geothermal Resources and within a sensitive area, pursuant to Section 3270.6 of the Public Resources Code and the local health officer or his or her designee determines that the leak poses a risk to public health or safety and that the response to the leak has been inadequate to protect the public health or safety, the local health officer or his or her designee shall, working collaboratively with the division and the owner or operator of the pipeline, do both of the following: +(1) Direct the responsible party to test, to the satisfaction of the agency overseeing the testing, the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public. +(2) Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak, and require the responsible party to provide assistance, including temporary relocation, to those residents if the local health officer or his or her designee so determines. +(b) If the local health officer or his or her designee determines, based on the results of the test, that the leak poses a serious threat to public health and safety, the local health officer or his or her designee shall direct the responsible party to notify all residents affected by the leak. +(c) The responsible party shall be liable for the costs incurred by the local health officer or his or her designee pursuant to this section. +(d) Providing resident assistance and reimbursement for local health officer expenses shall not relieve a responsible party from liability for damages, and a responsible party shall not condition assistance or request a waiver of liability from the recipient of the assistance. +SEC. 3. +Section 3270.5 is added to the Public Resources Code, to read: +3270.5. +(a) (1) By January 1, 2018, the division shall review and evaluate, and update as appropriate, its existing regulations regarding all active gas pipelines that are four inches or less in diameter, located in sensitive areas, and 10 years old or older. The division shall make a written finding of its review and evaluation of these pipelines. +(2) In its review and evaluation, the division shall consider existing pipeline integrity, pipeline leak detection, and other pipeline assessment requirements imposed by other regulators to determine which of these forms of assessment meet the division’s needs. +(3) The regulations shall ensure the integrity and operation of these active gas pipelines pursuant to Sections 3106 and 3270. +(b) (1) By January 1, 2018, an operator of an active gas pipeline in a sensitive area shall submit to the division, as part of compliance with pipeline management plan requirements pursuant to Section 1774.2 of Title 14 of the California Code of Regulations, an up-to-date and accurate map identifying the location of the pipeline and other up-to-date and accurate locational information of the pipeline as determined and in a format specified by the division. +(2) The division shall perform random periodic spot check inspections to ensure that the information submitted pursuant to paragraph (1) is accurately reported. +(3) The division shall maintain a list of active gas pipelines in sensitive areas. +(c) For purposes of this section, the following terms are defined as follows: +(1) “Active gas pipeline” means an inservice gas pipeline regardless of diameter that is within the division’s jurisdiction. +(2) “Sensitive area” means any of the following: +(A) An area containing a building intended for human occupancy, such as a residence, school, hospital, or business, that is located within 300 feet of an active gas pipeline and that is not necessary to the operation of the pipeline. +(B) An area determined by the supervisor to present significant potential threat to life, health, property, or natural resources in the event of a leak from an active gas pipeline. +(C) An area determined by the supervisor to have an active gas pipeline that has a history of chronic leaks. +(d) This section does not affect or limit the authority of the supervisor pursuant to Section 3106, 3270, or any other section of this code, or any regulation implementing those sections. +SEC. 4. +Section 3270.6 is added to the Public Resources Code, to read: +3270.6. +Upon the discovery of a leak from an active gas pipeline that is within a sensitive area, as defined in Section 3270.5, the owner or operator of the pipeline shall promptly notify the division and the local health officer, or his or her designee, of the jurisdiction in which the leak is located. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the Division of Oil, Gas, and Geothermal Resources to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines that are not under the jurisdiction of the State Fire Marshal. Under the division’s regulations, an owner or operator of an active environmentally sensitive gas pipeline that is a gathering line or an urban pipeline over 4 inches in diameter is required to perform a mechanical integrity test on the pipeline every 2 years, unless it is less than 10 years old. +This bill would require the division, by January 1, 2018, to review and evaluate, and update as appropriate, its existing regulations regarding all active gas pipelines that are 4 inches or less in diameter, in sensitive areas, and 10 years old or older, as specified. The bill would define active gas pipelines as inservice gas pipelines of any diameter within the division’s jurisdiction. The bill would require operators of active gas pipelines in sensitive areas, by January 1, 2018, to submit to the division maps identifying the location of those pipelines and other locational information, as provided. The bill would require the division to perform random periodic spot check inspections to ensure that the submitted maps are accurately reported. The bill would require the division to maintain a list of active gas pipelines in sensitive areas. +Existing law establishes local health departments, under the purview of the local health officer. Existing law prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statutes relating to public health. +This bill would require a local health officer or his or her designee, if he or she is notified of a leak in an active gas pipeline within a sensitive area and makes certain determinations, to take certain actions related to the leak, working collaboratively with the division and the owner or operator of that pipeline. The bill would require the local public health officer or his or her designee to direct the responsible party to notify residents affected by the leak if he or she determines that the leak poses a serious threat to public health and safety. Because the bill would require a local health officer or his or her designee to provide a higher level of service to the public, this bill would impose a state-mandated local program. +This bill would require an owner or operator of an active gas pipeline in a sensitive area, upon discovery of a leak from the pipeline, to notify the division and the appropriate local health officer or his or her designee of the leak. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to add Section 101042 to the Health and Safety Code, and to add Sections 3270.5 and 3270.6 to the Public Resources Code, relating to oil and gas." +824,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) In recognition of the dignity and privacy a person has a right to expect, the law recognizes that adults housed in state prison have the fundamental right to control decisions relating to their own health care, including the decision to have life-sustaining treatment withheld or withdrawn. +(b) The determination of capacity for informed consent for adults housed in state prison is more appropriately conducted at the institution where the patient is housed and can attend, if he or she desires. +(c) Because of the confinement of these adults and their frequent movement between institutions, existing protections for patients regarding health care decisionmaking are inadequate. +(d) Existing statutory schemes centered on life-threatening emergent illness and court-ordered decisionmakers do not adequately address the needs of adults housed in state prison to have their capacity issues addressed and adjudicated by a neutral third party, even in the absence of a serious or life-threatening medical emergency. +SEC. 2. +Section 2604 is added to the Penal Code, to read: +2604. +(a) Except as provided in subdivision (b), an adult housed in state prison is presumed to have the capacity to give informed consent and make a health care decision, to give or revoke an advance health care directive, and to designate or disqualify a surrogate. This presumption is a presumption affecting the burden of proof. +(b) (1) Except as provided in Section 2602, a licensed physician or dentist may file a petition with the Office of Administrative Hearings to request that an administrative law judge make a determination as to a patient’s capacity to give informed consent or make a health care decision, and request appointment of a surrogate decisionmaker, if all of the following conditions are satisfied: +(A) The licensed physician or dentist is treating a patient who is an adult housed in state prison. +(B) The licensed physician or dentist is unable to obtain informed consent from the inmate patient because the physician or dentist determines that the inmate patient appears to lack capacity to give informed consent or make a health care decision. +(C) There is no person with legal authority to provide informed consent for, or make decisions concerning the health care of, the inmate patient. +(2) Preference shall be given to the next of kin or a family member as a surrogate decisionmaker over other potential surrogate decisionmakers unless those individuals are unsuitable or unable to serve. +(c) The petition required by subdivision (b) shall allege all of the following: +(1) The inmate patient’s current physical condition, describing the health care conditions currently afflicting the inmate patient. +(2) The inmate patient’s current mental health condition resulting in the inmate patient’s inability to understand the nature and consequences of his or her need for care such that there is a lack of capacity to give informed consent or make a health care decision. +(3) The deficit or deficits in the inmate patient’s mental functions as listed in subdivision (a) of Section 811 of the Probate Code. +(4) An identification of a link, if any, between the deficits identified pursuant to paragraph (3) and an explanation of how the deficits identified pursuant to that paragraph result in the inmate patient’s inability to participate in a decision about his or her health care either knowingly and intelligently or by means of a rational thought process. +(5) A discussion of whether the deficits identified pursuant to paragraph (3) are transient, fixed, or likely to change during the proposed year-long duration of the court order. +(6) The efforts made to obtain informed consent or refusal from the inmate patient and the results of those efforts. +(7) The efforts made to locate next of kin who could act as a surrogate decisionmaker for the inmate patient. If those individuals are located, all of the following shall also be included, so far as the information is known: +(A) The names and addresses of the individuals. +(B) Whether any information exists to suggest that any of those individuals would not act in the inmate patient’s best interests. +(C) Whether any of those individuals are otherwise suitable to make health care decisions for the inmate patient. +(8) The probable impact on the inmate patient with, or without, the appointment of a surrogate decisionmaker. +(9) A discussion of the inmate patient’s desires, if known, and whether there is an advance health care directive, Physicians Orders for Life Sustaining Treatment (POLST), or other documented indication of the inmate patient’s directives or desires and how those indications might influence the decision to issue an order. Additionally, any known POLST or Advanced Health Care Directives executed while the inmate patient had capacity shall be disclosed. +(10) The petitioner’s recommendation specifying a qualified and willing surrogate decisionmaker as described in subdivision (q), and the reasons for that recommendation. +(d) The petition shall be served on the inmate patient and his or her counsel, and filed with the Office of Administrative Hearings on the same day as it was served. The Office of Administrative Hearings shall issue a notice appointing counsel. +(e) (1) At the time the initial petition is filed, the inmate patient shall be provided with counsel and a written notice advising him or her of all of the following: +(A) His or her right to be present at the hearing. +(B) His or her right to be represented by counsel at all stages of the proceedings. +(C) His or her right to present evidence. +(D) His or her right to cross-examine witnesses. +(E) The right of either party to seek one reconsideration of the administrative law judge’s decision per calendar year. +(F) His or her right to file a petition for writ of administrative mandamus in superior court pursuant to Section 1094.5 of the Code of Civil Procedure. +(G) His or her right to file a petition for writ of habeas corpus in superior court with respect to any decision. +(2) Counsel for the inmate patient shall have access to all relevant medical and central file records for the inmate patient, but shall not have access to materials unrelated to medical treatment located in the confidential section of the inmate patient’s central file. Counsel shall also have access to all health care appeals filed by the inmate patient and responses to those appeals, and, to the extent available, any habeas corpus petitions or health care related litigation filed by, or on behalf of, the inmate patient. +(f) The inmate patient shall be provided with a hearing before an administrative law judge within 30 days of the date of filing the petition, unless counsel for the inmate patient agrees to extend the date of the hearing. +(g) The inmate patient, or his or her counsel, shall have 14 days from the date of filing of any petition to file a response to the petition, unless a shorter time for the hearing is sought by the licensed physician or dentist and ordered by the administrative law judge, in which case the judge shall set the time for filing a response. The response shall be served to all parties who were served with the initial petition and the attorney for the petitioner. +(h) In case of an emergency, as described in Section 3351 of Title 15 of the California Code of Regulations, the inmate patient’s physician or dentist may administer a medical intervention that requires informed consent prior to the date of the administrative hearing. Counsel for the inmate patient shall be notified by the physician or dentist. +(i) In either an initial or renewal proceeding, the inmate patient has the right to contest the finding of an administrative law judge authorizing a surrogate decisionmaker by filing a petition for writ of administrative mandamus pursuant to Section 1094.5 of the Code of Civil Procedure. +(j) In either an initial or renewal proceeding, either party is entitled to file one motion for reconsideration per calendar year in front of the administrative law judge following a determination as to an inmate patient’s capacity to give informed consent or make a health care decision. The motion may seek to review the decision for the necessity of a surrogate decisionmaker, the individual appointed under the order, or both. The motion for reconsideration shall not require a formal rehearing unless ordered by the administrative law judge following submission of the motion, or upon the granting of a request for formal rehearing by any party to the action based on a showing of good cause. +(k) (1) To renew an existing order appointing a surrogate decisionmaker, the current physician or dentist, or a previously appointed surrogate decisionmaker shall file a renewal petition. The renewal shall be for an additional year at a time. The renewal hearing on any order issued under this section shall be conducted prior to the expiration of the current order, but not sooner than 10 days after the petition is filed, at which time the inmate patient shall be brought before an administrative law judge for a review of his or her current medical and mental health condition. +(2) A renewal petition shall be served on the inmate patient and his or her counsel, and filed with the Office of Administrative Hearings on the same day as it was served. The Office of Administrative Hearings shall issue a written order appointing counsel. +(3) (A) The renewal hearing shall be held in accordance with subdivisions (d) to (g), inclusive. +(B) (i) At the time the renewal petition is filed, the inmate patient shall be provided with counsel and a written notice advising him or her of all of the following: +(I) His or her right to be present at the hearing. +(II) His or her right to be represented by counsel at all stages of the proceedings. +(III) His or her right to present evidence. +(IV) His or her right to cross-examine witnesses. +(V) The right of either party to seek one reconsideration of the administrative law judge’s decision per calendar year. +(VI) His or her right to file a petition for writ of administrative mandamus in superior court pursuant to Section 1094.5 of the Code of Civil Procedure. +(VII) His or her right to file a petition for writ of habeas corpus in superior court with respect to any decision. +(ii) Counsel for the inmate patient shall have access to all relevant medical and central file records for the inmate patient, but shall not have access to materials unrelated to medical treatment located in the confidential section of the inmate patient’s central file. Counsel shall also have access to all health care appeals filed by the inmate patient and responses to those appeals, and, to the extent available, any habeas corpus petitions or health care related litigation filed by, or on behalf of, the inmate patient. +(4) The renewal petition shall request the matter be reviewed by an administrative law judge, and allege all of the following: +(A) The current status of each of the elements set forth in paragraphs (1) to (8), inclusive, of subdivision (c). +(B) Whether the inmate patient still requires a surrogate decisionmaker. +(C) Whether the inmate patient continues to lack capacity to give informed consent or make a health care decision. +(l) A licensed physician or dentist who submits a petition pursuant to this section shall not be required to obtain a court order pursuant to Section 3201 of the Probate Code prior to administering care that requires informed consent. +(m) This section does not affect the right of an inmate patient who has been determined to lack capacity to give informed consent or make a health care decision and for whom a surrogate decisionmaker has been appointed to do either of the following: +(1) Seek appropriate judicial relief to review the determination or appointment by filing a petition for writ of administrative mandamus pursuant to Section 1094.5 of the Code of Civil Procedure. +(2) File a petition for writ of habeas corpus in superior court regarding the determination or appointment, or any treatment decision by the surrogate decisionmaker. +(n) A licensed physician or other health care provider whose actions under this section are in accordance with reasonable health care standards, a surrogate decisionmaker appointed pursuant to this section, and an administrative law judge shall not be liable for monetary damages or administrative sanctions for his or her decisions or actions consistent with this section and the known and documented desires of the inmate patient, or if unknown, the best interests of the inmate patient. +(o) The determinations required to be made pursuant to subdivisions (c) and (k), and the basis for those determinations, shall be documented in the inmate patient’s medical record. +(p) (1) With regard to any petition filed pursuant to subdivision (c) or (k), the administrative law judge shall determine and provide a written order and findings setting forth whether there has been clear and convincing evidence that all of the following occurred: +(A) Adequate notice and an opportunity to be heard has been given to the inmate patient and his or her counsel. +(B) Reasonable efforts have been made to obtain informed consent from the inmate patient. +(C) As a result of one or more deficits in his or her mental functions, the inmate patient lacks capacity to give informed consent or make a health care decision and is unlikely to regain that capacity over the next year. +(D) Reasonable efforts have been made to identify family members or relatives who could serve as a surrogate decisionmaker for the inmate patient. +(2) The written decision shall also specify and describe any advance health care directives, POLST, or other documented indication of the inmate patient’s directives or desires regarding health care that were created and validly executed while the inmate patient had capacity. +(q) (1) If all findings required by subdivision (p) are made, the administrative law judge shall appoint a surrogate decisionmaker for health care for the inmate patient. In doing so, the administrative law judge shall consider all reasonable options presented, including those identified in the petition, and weigh how the proposed surrogate decisionmaker would represent the best interests of the inmate patient, the efficacy of achieving timely surrogate decisions, and the urgency of the situation. Family members or relatives of the inmate patient should be appointed when possible if such an individual is available and the administrative law judge determines the family member or relative will act in the inmate patient’s best interests. +(2) An employee of the Department of Corrections and Rehabilitation, or other peace officer, shall not be appointed surrogate decisionmaker for health care for any inmate patient under this section, unless either of the following conditions apply: +(A) The individual is a family member or relative of the inmate patient and will, as determined by the administrative law judge, act in the inmate patient’s best interests and consider the inmate patient’s personal values and other wishes to the extent those values and wishes are known. +(B) The individual is a health care staff member in a managerial position and does not provide direct care to the inmate patient. A surrogate decisionmaker appointed under this subparagraph may be specified by his or her functional role at the institution, such as “Chief Physician and Surgeon” or “Chief Medical Executive” to provide clarity as to the active decisionmaker at the institution where the inmate patient is housed, and to anticipate potential personnel changes. When the surrogate decisionmaker is specified by position, rather than by name, the person occupying that specified role at the institution at which the inmate patient is currently housed shall be considered and act as the appointed surrogate decisionmaker. +(3) The order appointing the surrogate decisionmaker shall be written and state the basis for the decision by reference to the particular mandates of this subdivision. The order shall also state that the surrogate decisionmaker shall honor and follow any advance health care directive, POLST, or other documented indication of the inmate patient’s directives or desires, and specify any such directive, order, or documented desire. +(4) The surrogate decisionmaker shall follow the inmate patient’s personal values and other wishes to the extent those values and wishes are known. +(r) The administrative law judge’s written decision and order appointing a surrogate decisionmaker shall be placed in the inmate patient’s Department of Corrections and Rehabilitation health care record. +(s) An order entered under this section is valid for one year and the expiration date shall be written on the order. The order shall be valid at any state correctional facility within California. If the inmate patient is moved, the sending institution shall inform the receiving institution of the existence of an order entered under this section. +(t) (1) This section applies only to orders appointing a surrogate decisionmaker with authority to make a health care decision for an inmate patient who lacks capacity to give informed consent or make a health care decision. +(2) This section does not apply to existing law regarding health care to be provided in an emergency or existing law governing health care for unemancipated minors. This section shall not be used for the purposes of determining or directing an inmate patient’s control over finances, marital status, or for convulsive treatment, as described in Section 5325 of the Welfare and Institutions Code, psychosurgery, as defined in Section 5325 of the Welfare and Institutions Code, sterilization, abortion, or involuntary administration of psychiatric medication, as described in Section 2602. +(u) The Secretary of the Department of Corrections and Rehabilitation may adopt regulations as necessary to carry out the purposes of this section.","Existing law provides for the designation and selection of health care surrogates, and for the manner of making health care decisions for patients without surrogates. +Existing law prohibits the administration of psychiatric medication to an inmate in state prison on a nonemergency basis without the inmate’s informed consent, unless certain conditions are satisfied, including, among other things, that a psychiatrist determines that the inmate is gravely disabled and does not have the capacity to refuse treatment with psychiatric medication. Existing law authorizes a physician to administer psychiatric medication to a prison inmate in specified emergency situations. +This bill would, except as provided, establish a process for a licensed physician or dentist to file a petition with the Office of Administrative Hearings to request that an administrative law judge make a determination as to a patient’s capacity to give informed consent or make a health care decision, and request appointment of a surrogate decisionmaker, if the patient is an adult housed in state prison, the physician or dentist is unable to obtain informed consent from the inmate patient because the physician or dentist determines that the inmate patient appears to lack capacity to provide informed consent or make a health care decision, and there is no person with legal authority to provide informed consent for, or make decisions concerning the health care of, the inmate patient. The bill would require the petition to contain specified information, including, among other things, the inmate patient’s current physical condition and a description of the health care conditions currently afflicting the inmate patient. +This bill would require that the petition be served on the inmate patient and his or her counsel, and filed with the office, as provided. The bill would also require that the inmate patient be provided with counsel and a written notice advising him or her of, among other things, the inmate patient’s right to be present at the hearing. Except as specified, the bill would require that the inmate patient be provided with a hearing before an administrative law judge within 30 days of the date of filing the petition. In case of an emergency, as defined, the bill would authorize the inmate patient’s physician or dentist to administer a medical intervention that requires informed consent prior to the date of the administrative hearing and would require that counsel for the inmate patient be notified by the physician or dentist. The bill would require the administrative law judge to determine and provide a written order and findings setting forth whether there has been clear and convincing evidence that, among other things, the inmate patient lacks capacity to give informed consent or make a health care decision. If the findings required by these provisions are made, the bill would require the administrative law judge to appoint a surrogate decisionmaker for health care for the inmate patient, as provided, which would be valid for one year and would be valid at any state correctional facility within California. The bill would also provide for a process to renew the appointment of the surrogate decisionmaker. The bill would authorize the Secretary of the Department of Corrections and Rehabilitation to adopt regulations as necessary to carry out these provisions.","An act to add Section 2604 to the Penal Code, relating to medical treatment of prisoners." +825,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 8880.5 of the Government Code is amended to read: +8880.5. +Allocations for education: +The California State Lottery Education Fund is created within the State Treasury, and is continuously appropriated for carrying out the purposes of this chapter. The Controller shall draw warrants on this fund and distribute them quarterly in the following manner, provided that the payments specified in subdivisions (a) to (g), inclusive, shall be equal per capita amounts. +(a) (1) Payments shall be made directly to public school districts, including county superintendents of schools, serving kindergarten and grades 1 to 12, inclusive, or any part thereof, on the basis of an equal amount for each unit of average daily attendance, as defined by law and adjusted pursuant to subdivision (l). +(2) For purposes of this paragraph, in each of the 2008–09, 2009–10, 2010–11, 2011–12, 2012–13, 2013–14, and 2014–15 fiscal years, the number of units of average daily attendance in each of those fiscal years for programs for public school districts, including county superintendents of schools, serving kindergarten and grades 1 to 12, inclusive, shall include the same amount of average daily attendance for classes for adults and regional occupational centers and programs used in the calculation made pursuant to this subdivision for the 2007–08 fiscal year. +(b) Payments shall also be made directly to public school districts serving community colleges, on the basis of an equal amount for each unit of average daily attendance, as defined by law. +(c) Payments shall also be made directly to the Board of Trustees of the California State University on the basis of an amount for each unit of equivalent full-time enrollment. Funds received by the trustees shall be deposited in and expended from the California State University Lottery Education Fund, which is hereby created +, +or, at the discretion of the trustees, deposited in local trust accounts in accordance with subdivision (j) of Section 89721 of the Education Code. +(d) Payments shall also be made directly to the Regents of the University of California on the basis of an amount for each unit of equivalent full-time enrollment. +(e) Payments shall also be made directly to the Board of Directors of the Hastings College of the Law on the basis of an amount for each unit of equivalent full-time enrollment. +(f) Payments shall also be made directly to the Department of the Youth Authority for educational programs serving kindergarten and grades 1 to 12, inclusive, or any part thereof, on the basis of an equal amount for each unit of average daily attendance, as defined by law. +(g) Payments shall also be made directly to the two California Schools for the Deaf, the California School for the Blind, and the three Diagnostic Schools for Neurologically Handicapped Children, on the basis of an amount for each unit of equivalent full-time enrollment. +(h) Payments shall also be made directly to the State Department of Developmental Services and the State Department of State Hospitals for clients with developmental or mental disabilities who are enrolled in state hospital education programs, including developmental centers, on the basis of an equal amount for each unit of average daily attendance, as defined by law. +(i) No Budget Act or other statutory provision shall direct that payments for public education made pursuant to this chapter be used for purposes and programs (including workload adjustments and maintenance of the level of service) authorized by Chapters 498, 565, and 1302 of the Statutes of 1983, Chapter 97 or 258 of the Statutes of 1984, or Chapter 1 of the Statutes of the 1983–84 Second Extraordinary Session. +(j) School districts and other agencies receiving funds distributed pursuant to this chapter may at their option utilize funds allocated by this chapter to provide additional funds for those purposes and programs prescribed by subdivision (i) for the purpose of enrichment or expansion. +(k) +(1) +As a condition of receiving any moneys pursuant to subdivision (a) or (b), each school district and county superintendent of schools shall establish a separate account for the receipt and expenditure of those moneys, which account shall be clearly identified as a lottery education account. +(2) The commission shall collect, and make publicly available on the commission’s Internet Web site, information related to the separate lottery education accounts required pursuant to paragraph (1). +(l) Commencing with the 1998–99 fiscal year, and each year thereafter, for purposes of subdivision (a), average daily attendance shall be increased by the statewide average rate of excused absences for the 1996–97 fiscal year as determined pursuant to the provisions of Chapter 855 of the Statutes of 1997. The statewide average excused absence rate, and the corresponding adjustment factor required for the operation of this subdivision, shall be certified to the Controller by the Superintendent of Public Instruction. +(m) It is the intent of this chapter that all funds allocated from the California State Lottery Education Fund shall be used exclusively for the education of pupils and students and no funds shall be spent for acquisition of real property, construction of facilities, financing of research, or any other noninstructional purpose. +SEC. 2. +The Legislature finds and declares that this act furthers the purpose of the California State Lottery Act of 1984, enacted by Proposition 37 at the November 6, 1984, general election.","(1) The California State Lottery Act of 1984, enacted by initiative, authorizes a California State Lottery and provides for its operation and administration by the California State Lottery Commission and the Director of the California State Lottery, with certain limitations. The act requires each school district and county superintendent of schools, as condition of receiving any moneys from the California State Lottery, to establish a separate account for the receipt and expenditure of those moneys, which is required to be clearly identified as a lottery education account. +This bill would require the commission to collect, and make publicly available on the commission’s Internet Web site, information related to those separate lottery education accounts of each school district and county superintendent of schools. +(2) The California State Lottery Act of 1984, an initiative measure, specifies that none of its provisions may be changed except to further its purpose by a bill passed by a +2/3 +vote of each house of the Legislature and signed by the Governor. +This bill would declare that its provisions further the purposes of the act.","An act to amend Section 8880.5 of the Government Code, relating to education allocations: local lottery education accounts." +826,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1190 of the Harbors and Navigation Code is amended to read: +1190. +(a) Every vessel spoken inward or outward bound shall pay the following rate of bar pilotage through the Golden Gate and into or out of the Bays of San Francisco, San Pablo, and Suisun: +(1) Eight dollars and eleven cents ($8.11) per draft foot of the vessel’s deepest draft and fractions of a foot pro rata, and an additional charge of 73.01 mills per high gross registered ton as changed pursuant to law in effect on December 31, 1999. The mill rates established by this paragraph may be changed as follows: +(A) (i) On and after January 1, 2010, if the number of pilots licensed by the board is 58 or 59 pilots, the mill rate in effect on December 31, 2006, shall be decreased by an incremental amount that is proportionate to one-half of the last audited annual average net income per pilot for each pilot licensed by the board below 60 pilots. +(ii) On and after January 1, 2010, if the number of pilots licensed by the board is fewer than 58 pilots, the mill rate in effect on December 31, 2006, shall be adjusted in accordance with the method described in clause (i) as though there are 58 pilots licensed by the board. +(iii) The incremental mill rate adjustment authorized by this subparagraph shall be calculated using the data reported to the board for the number of gross registered tons handled by pilots licensed under this division during the same 12-month period as the audited annual average net income per pilot. The incremental mill rate adjustment shall become effective at the beginning of the immediately following quarter, commencing January 1, April 1, July 1, or October 1, as directed by the board. +(iv) On and after January 1, 2010, if, during any quarter described in this paragraph, the number of pilots licensed by the board is equal to or greater than 60, clauses (i) to (iii), inclusive, shall become inoperative on the first day of the immediately following quarter. +(B) There shall be an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover the pilots’ costs of obtaining new pilot boats and of funding design and engineering modifications for the purposes of extending the service life of existing pilot boats, excluding costs for repair or maintenance. The incremental mill rate charge authorized by this subparagraph shall be identified as a pilot boat surcharge on the pilots’ invoices and separately accounted for in the accounting required by Section 1136. Net proceeds from the sale of existing pilot boats shall be used to reduce the debt on the new pilot boats and any debt associated with the modification of pilot boats under this subparagraph. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats under this subparagraph, including, but not limited to, reduced repair and maintenance expenses. +(C) In addition to the incremental rate specified in subparagraph (B), the mill rate established by this subdivision may be adjusted at the direction of the board if, after a hearing conducted pursuant to Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, the board determines that there has been a catastrophic cost increase to the pilots that would result in at least a 2-percent increase in the overall annual cost of providing pilot services. +(2) A minimum charge for bar pilotage shall be six hundred sixty-two dollars ($662) for each vessel piloted. +(3) The vessel’s deepest draft shall be the maximum draft attained, on a stillwater basis, at any part of the vessel during the course of such transit inward or outward. +(b) The rate specified in subdivision (a) shall apply only to a pilotage that passes through the Golden Gate to or from the high seas to or from a berth within an area bounded by the Union Pacific Railroad Bridge to the north and Hunter’s Point to the south. The rate for pilotage to or from the high seas to or from a point past the Union Pacific Railroad Bridge or Hunter’s Point shall include a movement fee in addition to the basic bar pilotage rate as specified by the board pursuant to Section 1191. +(c) The rate established in paragraph (1) of subdivision (a) shall be for a trip from the high seas to dock or from the dock to high seas. The rate specified in Section 1191 shall not be charged by pilots for docking and undocking vessels. This subdivision does not apply to the rates charged by inland pilots for their services. +(d) The board shall determine the number of pilots to be licensed based on the 1986 manpower study adopted by the board. +(e) Consistent with the board’s May 2002 adoption of rate recommendations, the rates imposed pursuant to paragraph (1) of subdivision (a) that are in effect on December 31, 2002, shall be increased by 4 percent on January 1, 2003; those in effect on December 31, 2003, shall be increased by 4 percent on January 1, 2004; those in effect on December 31, 2004, shall be increased by 3 percent on January 1, 2005; and those in effect on December 31, 2005, shall be increased by 3 percent on January 1, 2006. +SEC. 2. +Section 1190.4 is added to the Harbors and Navigation Code, to read: +1190.4. +(a) There shall be a movement fee imposed as is necessary and authorized by the board to recover a pilot’s costs for the purchase, lease, or maintenance of navigation software, hardware, and ancillary equipment that is authorized by the board as reasonable and necessary on or after January 1, 2017. +(b) The software, equipment, and technology covered by this section shall be used strictly and exclusively to aid in piloting on the pilotage grounds. +(c) The movement fee authorized by this section shall be identified as a navigation technology surcharge on a pilot’s invoices and separately accounted for in the accounting required by subdivision (b) of Section 1136. +(d) The cumulative amount of the surcharge collected pursuant to this section shall not exceed one million two hundred thousand dollars ($1,200,000). +(e) The board shall review and adjust as necessary the navigation technology surcharge authorized by this section at least quarterly. +(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.","Existing law provides for the regulation and licensure of pilots for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun by the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun within the Transportation Agency. Existing law prescribes the rates of bar pilotage fees and other surcharges required to be charged by pilots and paid by vessels inward or outward bound through those bays. +Existing law, until January 1, 2011, authorized the board to authorize a movement fee, to be paid as a navigation technology surcharge, in order to recover the pilots’ costs for the purchase, lease, or maintenance of navigation software, hardware, and ancillary equipment purchased after November 5, 2008, and before January 1, 2011. +This bill would, until January 1, 2021, authorize the board to authorize that fee, not to exceed a cumulative amount of $1,200,000, to be paid as a navigation technology surcharge, in order to recover the pilots’ costs for that software, hardware, and ancillary equipment that is authorized by the board as reasonable and necessary on or after January 1, 2017.","An act to amend Section 1190 of, and to add and repeal Section 1190.4 of, the Harbors and Navigation Code, relating to bar pilots." +827,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12300.3 is added to the Welfare and Institutions Code, to read: +12300.3. +(a) For purposes of this section, “authorized representative” means an individual who is designated in writing, on a form developed by the department, by an applicant for or recipient of in-home supportive services pursuant to this article, to accompany, assist, and represent the applicant or recipient for purposes related to the program, including, but not limited to, the application process, direction of services, and redetermination of eligibility. +(b) An applicant or recipient may designate an individual to act as his or her authorized representative for the purposes described in subdivision (a) on a form that does all of the following: +(1) Specifies an effective time period, to be determined by the department. +(2) Specifies the responsibilities to be performed by the authorized representative. +(3) May be revoked or changed by the applicant or recipient at any time. +(c) The authorized representative designation pursuant to this section shall not authorize representation for an administrative hearing conducted by the department. An applicant or recipient shall comply with Section 10950 to designate an authorized representative for the purposes of an administrative hearing. +(d) The authorized representative shall have the responsibility to act in the applicant or recipient’s best interest, shall not have any other power to act on behalf of the applicant or recipient, except as specified in writing pursuant to this section, and shall not act in lieu of the applicant or recipient. +(e) (1) An applicant or recipient who has a legal representative with the legal authority to act on behalf of the applicant or recipient that includes decisionmaking authority for purposes reasonably believed to be related to the program, as described in subdivision (a), shall not be required to complete an authorized representative form, except for the purpose specified in subdivision (g). +(2) A legal representative may designate an authorized representative for the applicant or recipient in accordance with the requirements of this section. +(3) For purposes of this subdivision, a legal representative shall include both of the following: +(A) A court-appointed guardian or conservator. +(B) For an applicant or recipient who is a minor, a parent or other individual determined by the county human services agency to be the legally authorized decisionmaker for the applicant or recipient. +(f) (1) The following individuals shall not serve as an authorized representative for an applicant or recipient: +(A) An individual who is prevented from being a provider of services pursuant to Section 12305.81. +(B) An individual who is prevented from being a provider of services pursuant to Section 12305.87. +(2) The prohibitions described in paragraph (1) shall not apply to an individual described in subdivision (e). +(g) An authorized representative may sign timesheets or other provider-related documents for in-home supportive services on behalf of the recipient, if specified by the recipient on the authorized representative form. Notwithstanding any other law, an authorized representative who is a provider of services for the recipient may not sign his or her own timesheet on behalf of the recipient unless the authorized representative is an individual specified in subdivision (e). For administrative processing purposes, a legal representative specified in subdivision (e) shall complete an authorized representative form to sign timesheets or other provider-related documents for in-home supportive services on behalf of the recipient. +(h) (1) The department, in consultation with the State Department of Health Care Services, the County Welfare Directors Association of California, representatives of applicants for and recipients of services under this article, and representatives of providers of services under this article, shall develop a standardized statewide form and procedures for effectuating the designation of an authorized representative pursuant to this section. +(2) The standard agreement form shall include a notification regarding the requirements of this subdivision and a statement that by signing the agreement, the individual designated as an authorized representative agrees to abide by those requirements. +(i) When an applicant or recipient designates an authorized representative on the authorized representative form, the county shall retain the original form in the applicant or recipient’s in-home supportive services case file. The form may be electronically retained. The county shall provide copies of the form to the applicant or recipient and to the individual designated as the authorized representative. +(j) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations implementing these provisions no later than July 1, 2016. The department may readopt any emergency regulation authorized by this section that is the same as or substantially equivalent to an emergency regulation previously adopted under this section. +(2) The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State, and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified aged, blind, or disabled persons are provided with supportive services in order to permit them to remain in their own homes and avoid institutionalization. Existing law specifies that supportive services include, among other things, domestic services, personal care services, and paramedical services that make it possible for the recipient to establish and maintain an independent living arrangement. +This bill would authorize an applicant for, or recipient of, in-home supportive services to designate an individual to act as his or her authorized representative for purposes of the IHSS program. The bill would define “authorized representative” to mean an individual who is designated in writing, on a form developed by the State Department of Social Services, by an applicant or recipient to accompany, assist, and represent the applicant or recipient for specified purposes related to the program. The bill would require the form to specify the responsibilities to be performed by the authorized representative and to provide that the designation may be changed or revoked at any time by the applicant or recipient. The bill would also provide that the authorized representative has the responsibility to act in the applicant or recipient’s best interest. The bill would exclude certain persons from serving as an authorized representative, including a person who is prohibited from being a provider of services following a conviction for, or incarceration following a conviction for, fraud against a government health care or supportive services program. The bill would require the department, in consultation with specified parties, including representatives of applicants for, and recipients of, services, to develop a form for this purpose, as specified. The bill would require a county to retain the original form that designates an authorized representative in the applicant or recipient’s IHSS case file, and to provide copies of the form to the applicant or recipient and to the authorized representative. By creating additional duties for local officials, the bill would impose a state-mandated local program. The bill would authorize the department to implement and administer these provisions through all-county letters or similar instructions until regulations are adopted, and would require the department to, no later than July 1, 2016, adopt emergency regulations. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 12300.3 to the Welfare and Institutions Code, relating to public social services." +828,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 13332.19 of the Government Code is amended to read: +13332.19. +(a) For the purposes of this section, the following definitions shall apply: +(1) “Design-build” means a construction procurement process in which both the design and construction of a project are procured from a single entity. +(2) “Design-build project” means a capital outlay project using the design-build construction procurement process. +(3) “Design-build entity” means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed. +(4) “Design-build solicitation package” means the performance criteria, any concept drawings, the form of contract, and all other documents and information that serve as the basis on which bids or proposals will be solicited from the design-build entities. +(5) “Design-build phase” means the period following the award of a contract to a design-build entity in which the design-build entity completes the design and construction activities necessary to fully complete the project in compliance with the terms of the contract. +(6) “Performance criteria” means the information that fully describes the scope of the proposed project and includes, but is not limited to, the size, type, and design character of the buildings and site; the required form, fit, function, operational requirements, and quality of design, materials, equipment, and workmanship; and any other information deemed necessary to sufficiently describe the state’s needs. Performance criteria may include concept drawings, which include any schematic drawings or architectural renderings that are prepared in the detail necessary to sufficiently describe the state’s needs. +(b) (1) Except as otherwise specified in subparagraphs (A) to +(D), +(E), +inclusive, of paragraph (2) funds appropriated for a design-build project shall not be expended by any state agency, including, but not limited to, the University of California, the California State University, the California Community Colleges, and the Judicial Council, until the Department of Finance and the State Public Works Board have approved performance criteria. +(2) This section shall not apply to any of the following: +(A) Amounts for acquisition of real property, in fee or any lesser interest. +(B) Amounts for equipment or minor capital outlay projects. +(C) Amounts appropriated for performance criteria. +(D) Amounts appropriated for preliminary plans, if the appropriation was made prior to January 1, 2005. +(E) Amounts appropriated for projects at the Salton Sea. +(c) Any appropriated amounts for the design-build phase of a design-build project, where funds have been expended on the design-build phase by any state agency prior to the approval of the performance criteria by the State Public Works Board, and all amounts not approved by the board under this section shall be reverted to the fund from which the appropriation was made. A design-build project for which a capital outlay appropriation is made shall not be put out to design-build solicitation until the bid package has been approved by the Department of Finance. A substantial change shall not be made to the performance criteria as approved by the board and the Department of Finance without written approval by the Department of Finance. The Department of Finance shall approve any proposed bid or proposal alternates set forth in the design-build solicitation package. +(d) The State Public Works Board may augment a design-build project in an amount of up to 20 percent of the capital outlay appropriations for the project, irrespective of whether any such appropriation has reverted. For projects authorized through multiple fund sources, including, but not limited to, general obligation bonds and lease-revenue bonds, to the extent permissible, the Department of Finance shall have full authority to determine which of the fund sources will bear all or part of an augmentation. The board shall defer all augmentations in excess of 20 percent of the amount appropriated for each design-build project until the Legislature makes additional funds available for the specific project. +(e) In addition to the powers provided by Section 15849.6, the State Public Works Board may further increase the additional amount in Section 15849.6 to include a reasonable construction reserve within the construction fund for any capital outlay project without augmenting the project. The amount of the construction reserve shall be within the 20 percent augmentation limitation. The board may use this amount to augment the project, when and if necessary, after the lease-revenue bonds are sold to ensure completion of the project. +(f) Any augmentation in excess of 10 percent of the amounts appropriated for each design-build project shall be reported to the Chairperson of the Joint Legislative Budget Committee, or his or her designee, 20 days prior to board approval, or not sooner than whatever lesser time the chairperson, or his or her designee, may in each instance determine. +(g) (1) The Department of Finance may change the administratively or legislatively approved scope for major design-build projects. +(2) If the Department of Finance changes the approved scope pursuant to paragraph (1), the department shall report the changes and associated cost implications to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and the legislative members of the State Public Works Board 20 days prior to the proposed board action to recognize the scope change. +(h) The Department of Finance shall report to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and the legislative members of the State Public Works Board 20 days prior to the proposed board approval of performance criteria for any project when it is determined that the estimated cost of the total design-build project is in excess of 20 percent of the amount recognized by the Legislature. +SEC. 2. +Section 10187.5 of the Public Contract Code is amended to read: +10187.5. +For purposes of this article, the following definitions and the definitions in subdivision (a) of Section 13332.19 of the Government Code shall apply: +(a) “Best value” means a value determined by evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the department and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring agency, or a tradeoff between price and other specified factors. +(b) “Construction subcontract” means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team. +(c) +(1) +“Department” means the Department of General Services and the Department of Corrections and Rehabilitation. +(2) For the purposes of projects at the Salton Sea, “department” means the Department of Water Resources. +(d) “Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity. +(e) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract. +(f) “Design-build team” means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors. +(g) +(1) +“Director” means, with respect to procurements undertaken by the Department of General Services, the Director of General Services or, with respect to procurements undertaken by the Department of Corrections and Rehabilitation, the secretary of that department. +(2) For purposes of projects at the Salton Sea, “director” means the Director of Water Resources. +SEC. 3. +Section 10190 of the Public Contract Code is amended to read: +10190. +(a) +The director shall notify the State Public Works Board regarding the method to be used for selecting the design-build entity, prior to advertising the design-build project. +(b) Notwithstanding subdivision (a), for purposes of projects at the Salton Sea, the Director of the Department of Water Resources shall notify the California Water Commission regarding the method to be used for selecting the design-build entry, prior to advertising the design-build project. +SECTION 1. +Section 6300 of the +Government Code +is amended to read: +6300. +The following definitions govern this chapter: +(a)“Act of Congress” means the act of Congress approved June 18, 1934, entitled “An act to provide for the establishment, operation, and maintenance of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes” (Public Law 73-397; 48 Stat. 998). +(b)“Public corporation” means the state, any political subdivision thereof, any incorporated municipality therein, any public agency of the state, of any political subdivision thereof, or of any municipality therein, or any corporate municipal instrumentality of this state or of this state and one or more other states. +(c)“Private corporation” means an entity organized under the laws of the state subsequent to September 15, 1935, for the purpose of establishing, operating, and maintaining a foreign-trade zone in accordance with the Act of Congress. +SEC. 2. +Section 6301 of the +Government Code +is repealed. +SEC. 3. +Section 6302 of the +Government Code +is amended to read: +6302. +(a)Any public corporation may apply for the privilege of establishing, operating, and maintaining a foreign-trade zone in accordance with the act of Congress. +(b)Any private corporation may apply for the privilege of establishing, operating, and maintaining a foreign-trade zone in accordance with the act of Congress. +SEC. 4. +Section 6303 of the +Government Code +is repealed. +SEC. 5. +Section 6304 of the +Government Code +is amended to read: +6304. +Any public or private corporation authorized by this chapter to make an application and whose application is granted pursuant to the terms of the act of Congress may establish, operate, and maintain the foreign-trade zone: +(a)Subject to the conditions and restrictions of the act of Congress, and any amendments thereto. +(b)Under such rules and regulations and for the period of time that may be prescribed by the board established by the act of Congress to carry out the act. +SEC. 6. +Section 6305 of the +Government Code +is repealed.","Existing law, except as specified, prohibits any state agency from expending funds appropriated for design-build projects until the Department of Finance and the State Public Works Board have approved performance criteria for the project. +This bill would include among the exceptions to those provisions amounts appropriated for projects at the Salton Sea. +Existing law requires either the Director of General Services or the Secretary of the Department of Corrections and Rehabilitation to notify the State Public Works Board regarding the method to be used for selecting a design-build entity, prior to advertising the design-build project. +This bill would, for purposes of projects at the Salton Sea, instead require the Director of the Department of Water Resources to notify the California Water Commission regarding the method to be used for selecting a design-build entry, prior to advertising a design-build project. +The bill would make other conforming changes. +Existing law authorizes any public corporation, as defined, and specified private corporations to apply for the privilege of establishing, operating, and maintaining a foreign-trade zone in accordance with federal law, and provides that any public or private corporation whose application is granted pursuant to federal law is authorized to establish, operate, and maintain a foreign-trade zone, subject to specified conditions. Existing law also authorizes a public corporation, if authorized to establish, operate, and maintain a foreign trade zone, to provide the United States with indemnity or assurance and to deposit sums of money with the United States as requested. +This bill would combine and reorganize these provisions and would repeal that indemnity and assurance provision.","An act to amend +Sections 6300, 6302, and 6304 of, and to repeal Sections 6301, 6303, and 6305 of, the Government Code, relating to state government. +Section 13332.19 of the Government Code, and to amend Sections 10187.5 and 10190 of the Public Contract Code, relating to public contracts." +829,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14548 is added to the +Public Resources Code +, to read: +14548. +(a)For purposes of this section, “PET plastic packaging” means beverage containers or food or drink packaging material consisting primarily of polyethylene terephthalate (PET) and used to contain food or beverages. +(b)On and after January 1, 2017, and annually thereafter, every manufacturer of PET plastic packaging for sale in the state shall report to the department, in a manner determined by the department, both of the following: +(1)The total amount of tons of new PET plastic packaging made for sale by that manufacturer. +(2)The total amount of postfilled PET plastic used in the manufacturing of that packaging. +(c)On and after July 1, 2016, each manufacturer of PET plastic packaging for sale in the state shall include a minimum of 10 percent of postfilled PET plastic in the PET plastic packaging that it manufactures, measured in the aggregate, on an annual basis. +SEC. 2. +Section 14549 of the +Public Resources Code +is amended to read: +14549. +(a)Every glass container manufacturer shall report to the department each month, by a method as determined by the department, the amount of total tons of new glass food, drink, and beverage containers made in California by that glass container manufacturer and the tons of California postfilled glass used in the manufacturing of those new containers. +(b)Each glass container manufacturer in the state, including a glass container manufacturer who imports glass containers from outside of the state for filling, shall use a minimum percentage of 35 percent of postfilled glass in the manufacturing of its glass food, drink, or beverage containers measured in the aggregate, on an annual basis, except that if a glass container manufacturer demonstrates to the satisfaction of the department that its use of postfilled glass during the annual period is made up of at least 50 percent mixed-color cullet, then that manufacturer shall use a minimum percentage of 25 percent postfilled glass in the manufacturing of its glass food, drink, or beverage containers, measured in the aggregate, on an annual basis. +(c)A glass container manufacturer may seek a reduction or waiver of the minimum postfilled glass percentage required to be used in the manufacture of glass food, drink, or beverage containers pursuant to subdivision (b). The department may grant a reduction or waiver of the percentage requirement if it finds and determines that it is technologically infeasible for the glass container manufacturer to achieve the percentage requirement or if the department determines that a glass container manufacturer cannot achieve the minimum percentage because of a lack of available glass cullet. +(d)For the purposes of this section, “mixed-color cullet” means cullet that does not meet the American Society for Testing and Materials (ASTM) standard specifications for color mix of color sorted postfilled glass as raw material for the manufacture of glass containers. +SECTION 1. +Chapter 5.9 (commencing with Section 42360) is added to Part 3 of Division 30 of the Public Resources Code, to read: +CHAPTER 5.9. PET Plastic Packaging Recycled Content Program +42360. +For purposes of this chapter, the following terms have the following meanings: +(a) “Filled with food or drink” means caused to contain food or drink that is poured, placed, packed, or otherwise intentionally introduced into the applicable packaging. +(b) “PET plastic packaging” means beverage containers or food or drink packaging material consisting primarily of polyethylene terephthalate (PET) and used to contain food or beverages. +42361. +(a) Commencing January 1, 2017, and annually thereafter, a manufacturer of PET plastic packaging that is manufactured in the state shall demonstrate compliance with the requirements of Section 42362 by certifying to the department, in a form and manner determined by the department, both of the following: +(1) The total number of tons of new PET plastic packaging manufactured by that manufacturer in the previous year. +(2) The total number of tons of postfilled PET plastic the manufacturer used in the manufacturing of new PET plastic packaging during the previous year. +(b) Commencing January 1, 2017, and annually thereafter, an importer of empty PET plastic packaging that is filled with food or drink in the state to be sold in the state shall demonstrate compliance with the requirements of Section 42362 by certifying to the department, either directly or by an independent third-party certifier, in a form and manner determined by the department, both of the following: +(1) The total number of tons of new PET plastic packaging used in the manufacturing of empty PET plastic packaging imported into the state by the importer during the previous year to be filled with food or drink in the state for sale in the state. +(2) The total number of tons of postfilled PET plastic used in the manufacturing of empty PET plastic packaging imported into the state by the importer during the previous year to be filled with food or drink in the state for sale in the state. +42362. +(a) Commencing July 1, 2016, PET plastic packaging manufactured in the state shall be manufactured with a minimum of 10 percent of postfilled PET plastic, as measured by weight and in the aggregate, on an annual basis. +(b) Commencing July 1, 2016, empty PET plastic packaging imported into the state to be filled with food or drink in the state for sale in the state shall contain a minimum of 10 percent of postfilled PET plastic, as measured by weight and in the aggregate, on an annual basis. +42363. +(a) A PET plastic packaging manufacturer or importer who is required to submit a certification pursuant to Section 42361 may be subject to an audit by the department to ensure that the certified percentage of postfilled PET plastic was used. +(b) If a PET plastic packaging manufacturer or importer provides the department with a false or misleading report concerning the percentage of postfilled PET plastic used, the department, within 30 days of making this determination, shall refer the false or misleading report to the Attorney General for prosecution for fraud. +(c) A person who violates this chapter is guilty of an infraction punishable by a fine of not more than one thousand dollars ($1,000). +(d) In addition to being guilty of an infraction pursuant to subdivision (c), a person who violates this chapter may be assessed a civil penalty by the department of not more than one thousand dollars ($1,000) for each violation, pursuant to a notice and a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. +(e) A civil penalty or fine received pursuant to this section shall be deposited in the Integrated Waste Management Account, and the funds in that account may be expended by the department for the administration of this chapter. +SEC. 3. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1)Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires each glass container manufacturer in the state to use a minimum percentage of 35% of postfilled glass, except as specified, in the manufacturing of glass food, drink, or beverage containers. A violation of the act is a crime, except as specified. +The bill would clarify that for purposes of the minimum postfilled glass requirement, a glass container manufacturer in the state includes a glass container manufacturer who imports glass containers from outside of the state for filling. +(2) +(1) +Existing law requires all rigid plastic bottles and rigid plastic containers, including bottles and containers composed of polyethylene terephthalate (PET), sold in California to be labeled with a code which indicates the resin used to produce the rigid plastic bottle or rigid plastic container. +This bill would require under the California Beverage Container Recycling and Litter Reduction Act, on and after January 1, 2017, and annually thereafter, a manufacturer of PET plastic packaging primarily composed of polyethylene terephthalate and used to contain food or beverages to report to the department, in a manner determined by the department, certain information, including the total amount of tons of new PET plastic packaging made for sale by that manufacturer. The +This +bill would require, +on and after +commencing +July 1, 2016, +every manufacturer of +PET plastic packaging +for sale +manufactured +in the state to +include +be manufactured with, and empty PET plastic packaging imported into the state to be filled with food or drink in the state for sale in the state to contain, +a minimum of 10% of postfilled PET +plastic in its PET plastic packaging. +plastic, as measured by weight. The bill would require, commencing January 1, 2017, and annually thereafter, every such manufacturer or importer of PET plastic packaging to demonstrate compliance with that requirement by certifying to the Department of Resources Recycling and Recovery certain information. The bill would provide that a person who violates these provisions is guilty of an infraction and may be assessed civil penalties. By +(3)By expanding the scope of the California Beverage Container Recycling and Litter Reduction Act, a violation of which is a +creating a new +crime, the bill would impose a state-mandated local program. +(4) +(2) +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to +amend Section 14549 of, and to add Section 14548 to, +add Chapter 5.9 (commencing with Section 42360) to Part 3 of Division 30 of +the Public Resources Code, relating to solid waste." +830,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 69436 of the Education Code is amended to read: +69436. +(a) A student who was not awarded a Cal Grant A or B award pursuant to Article 2 (commencing with Section 69434) or Article 3 (commencing with Section 69435) at the time of his or her high school graduation but, at the time of transfer from a California community college to a qualifying baccalaureate program, meets all of the criteria set forth in subdivision (b), shall be entitled to a Cal Grant A or B award. +(b) Any California resident transferring from a California community college to a qualifying institution that offers a baccalaureate degree is entitled to receive, and the commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall award, a Cal Grant A or B award depending on the eligibility determined pursuant to subdivision (c), if all of the following criteria are met: +(1) A complete official financial aid application has been submitted or postmarked pursuant to Section 69432.9, no later than the March 2 of the year immediately preceding the award year. +(2) The student demonstrates financial need pursuant to Section 69433. +(3) The student has earned a community college grade point average of at least 2.4 on a 4.0 scale and is eligible to transfer to a qualifying institution that offers a baccalaureate degree. +(4) The student’s household has an income and asset level not exceeding the limits set forth in Section 69432.7. +(5) The student is pursuing a baccalaureate degree that is offered by a qualifying institution. +(6) He or she is enrolled at least part time. +(7) The student meets the general Cal Grant eligibility requirements set forth in Article 1 (commencing with Section 69430). +(8) The student will not be 28 years of age or older by December 31 of the award year. +(9) The student graduated from a California high school or its equivalent during or after the 2000–01 academic year. +(10) (A) Except as provided for in subparagraph (B), the student attended a California community college in the academic year immediately preceding the academic year for which the award will be used. +(B) A student otherwise eligible to receive an award pursuant to this section, who attended a California community college in the 2011–12 academic year, may use the award for the 2012–13 and 2013–14 academic years. +(c) The amount and type of the award pursuant to this article shall be determined as follows: +(1) For applicants with income and assets at or under the Cal Grant A limits, the award amount shall be the amount established pursuant to Article 2 (commencing with Section 69434). +(2) For applicants with income and assets at or under the Cal Grant B limits, the award amount shall be the amount established pursuant to Article 3 (commencing with Section 69435). +(d) (1) A student meeting the requirements of paragraph (9) of subdivision (b) by means of high school graduation, rather than its equivalent, shall be required to have graduated from a California high school, unless that California resident graduated from a high school outside of California due solely to orders received from a branch of the United States Armed Forces by that student or by that student’s parent or guardian that required that student to be outside of California at the time of high school graduation. +(2) For the purposes of this article, all of the following are exempt from the requirements of subdivision (e) of Section 69433.9 and paragraph (9) of subdivision (b) of this section: +(A) A student for whom a claim under this article was paid prior to December 1, 2005. +(B) A student for whom a claim under this article for the 2004–05 award year or the 2005–06 award year was or is paid on or after December 1, 2005, but no later than October 15, 2006. +(C) Commencing with the 2017–18 academic year, a student who did not graduate from high school or its equivalent and was a California resident, as determined pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41, on his or her 18th birthday. +(3) (A) The commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall make preliminary awards to all applicants currently eligible for an award under this article. At the time an applicant receives a preliminary award, the commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall require that applicant to affirm, in writing, under penalty of perjury, that he or she meets the requirements set forth in subdivision (e) of Section 69433.9, paragraph (9) of subdivision (b) of this section, and paragraph (1) of this subdivision. The commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall notify each person who receives a preliminary award under this paragraph that his or her award is subject to an audit pursuant to subparagraph (B). +(B) The commission shall select, at random, a minimum of 10 percent of the new and renewal awards made under subparagraph (A), and shall require, prior to the disbursement of Cal Grant funds to the affected postsecondary institution, that the institution verify that the recipient meets the requirements of subdivision (e) of Section 69433.9, paragraph (9) of subdivision (b) of this section, and paragraph (1) of this subdivision. An award that is audited under this paragraph and found to be valid shall not be subject to a subsequent audit. +(C) Pursuant to Section 69517.5, the commission shall seek repayment of any and all funds found to be improperly disbursed under this article. +(D) On or before November 1 of each year, the commission shall submit a report to the Legislature and the Governor including, but not necessarily limited to, both of the following: +(i) The number of awards made under this article in the preceding 12 months. +(ii) The number of new and renewal awards selected, in the preceding 12 months, for verification under subparagraph (B), and the results of that verification with respect to students at the University of California, at the California State University, at independent nonprofit institutions, and at independent for-profit institutions. +SEC. 1.5. +Section 69436 of the Education Code is amended to read: +69436. +(a) A student who was not awarded a Cal Grant A or B award pursuant to Article 2 (commencing with Section 69434) or Article 3 (commencing with Section 69435) at the time of his or her high school graduation but, at the time of transfer from a California community college to a qualifying baccalaureate program or upon matriculation into the upper division coursework of a community college baccalaureate program, described in Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, meets all of the criteria set forth in subdivision (b), shall be entitled to a Cal Grant A or B award. +(b) Any California resident transferring from a California community college to a qualifying institution that offers a baccalaureate degree or who matriculates into the upper division coursework of a community college baccalaureate program, described in Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, is entitled to receive, and the commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall award, a Cal Grant A or B award depending on the eligibility determined pursuant to subdivision (c), if all of the following criteria are met: +(1) A complete official financial aid application has been submitted or postmarked pursuant to Section 69432.9, no later than the March 2 of the year immediately preceding the award year. +(2) The student demonstrates financial need pursuant to Section 69433. +(3) The student has earned a community college grade point average of at least 2.4 on a 4.0 scale and is eligible to transfer to a qualifying institution that offers a baccalaureate degree. +(4) The student’s household has an income and asset level not exceeding the limits set forth in Section 69432.7. +(5) The student is pursuing a baccalaureate degree that is offered by a qualifying institution. +(6) He or she is enrolled at least part time. +(7) The student meets the general Cal Grant eligibility requirements set forth in Article 1 (commencing with Section 69430). +(8) The student will not be 28 years of age or older by December 31 of the award year. +(9) The student graduated from a California high school or its equivalent during or after the 2000–01 academic year. +(10) (A) Except as provided for in subparagraph (B), the student attended a California community college in the academic year immediately preceding the academic year for which the award will be used. +(B) A student otherwise eligible to receive an award pursuant to this section, who attended a California community college in the 2011–12 academic year, may use the award for the 2012–13 and 2013–14 academic years. +(c) The amount and type of the award pursuant to this article shall be determined as follows: +(1) For applicants with income and assets at or under the Cal Grant A limits, the award amount shall be the amount established pursuant to Article 2 (commencing with Section 69434). +(2) For applicants with income and assets at or under the Cal Grant B limits, the award amount shall be the amount established pursuant to Article 3 (commencing with Section 69435). +(d) (1) A student meeting the requirements of paragraph (9) of subdivision (b) by means of high school graduation, rather than its equivalent, shall be required to have graduated from a California high school, unless that California resident graduated from a high school outside of California due solely to orders received from a branch of the United States Armed Forces by that student or by that student’s parent or guardian that required that student to be outside of California at the time of high school graduation. +(2) For the purposes of this article, all of the following are exempt from the requirements of subdivision (e) of Section 69433.9 and paragraph (9) of subdivision (b) of this section: +(A) A student for whom a claim under this article was paid prior to December 1, 2005. +(B) A student for whom a claim under this article for the 2004–05 award year or the 2005–06 award year was or is paid on or after December 1, 2005, but no later than October 15, 2006. +(C) Commencing with the 2017–18 academic year, a student who did not graduate from high school or its equivalent and was a California resident, as determined pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41, on his or her 18th birthday. +(3) (A) The commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall make preliminary awards to all applicants currently eligible for an award under this article. At the time an applicant receives a preliminary award, the commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall require that applicant to affirm, in writing, under penalty of perjury, that he or she meets the requirements set forth in subdivision (e) of Section 69433.9, paragraph (9) of subdivision (b) of this section, and paragraph (1) of this subdivision. The commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall notify each person who receives a preliminary award under this paragraph that his or her award is subject to an audit pursuant to subparagraph (B). +(B) The commission shall select, at random, a minimum of 10 percent of the new and renewal awards made under subparagraph (A), and shall require, prior to the disbursement of Cal Grant funds to the affected postsecondary institution, that the institution verify that the recipient meets the requirements of subdivision (e) of Section 69433.9, paragraph (9) of subdivision (b) of this section, and paragraph (1) of this subdivision. An award that is audited under this paragraph and found to be valid shall not be subject to a subsequent audit. +(C) Pursuant to Section 69517.5, the commission shall seek repayment of any and all funds found to be improperly disbursed under this article. +(D) On or before November 1 of each year, the commission shall submit a report to the Legislature and the Governor including, but not necessarily limited to, both of the following: +(i) The number of awards made under this article in the preceding 12 months. +(ii) The number of new and renewal awards selected, in the preceding 12 months, for verification under subparagraph (B), and the results of that verification with respect to students at the University of California, at the California State University, at independent nonprofit institutions, and at independent for-profit institutions. +SEC. 2. +Section 1.5 of this bill incorporates amendments to Section 69436 of the Education Code proposed by both this bill and Senate Bill 1314. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 69436 of the Education Code, and (3) this bill is enacted after Senate Bill 1314, in which case Section 1 of this bill shall not become operative.","(1) Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Cal Grant Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. +Under the California Community College Transfer Cal Grant Entitlement Program, a student who transfers from a California community college to a qualifying institution that offers a baccalaureate degree receives a Cal Grant A or B award if the student meets specified requirements, among which is that the student graduate from a California high school or its equivalent during or after the 2000–01 academic year. +This bill would, commencing with the 2017–18 academic year, exempt a student from the requirement that the student graduate from a California high school or its equivalent if he or she did not graduate from high school or its equivalent and was a California resident, as determined pursuant to specified provisions of law, on his or her 18th birthday. +(2) This bill would incorporate additional changes to Section 69436 of the Education Code proposed by SB 1314 that would become operative if this bill and SB 1314 are both enacted and this bill is chaptered last.","An act to amend Section 69436 of the Education Code, relating to student financial aid." +831,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2100 of the Elections Code is amended to read: +2100. +A person shall not be registered except as provided in this chapter or Chapter 4.5, except upon the production and filing of a certified copy of a judgment of the superior court directing registration to be made. +SEC. 2. +Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to read: +2102. +(a) Except as provided in Chapter 4.5, a person shall not be registered as a voter except by affidavit of registration. The affidavit shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day prior to an election to be held in the registrant’s precinct. A properly executed registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply: +(1) The affidavit is postmarked on or before the 15th day prior to the election and received by mail by the county elections official. +(2) The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) on or before the 15th day prior to the election. +(3) The affidavit is delivered to the county elections official by means other than those described in paragraph (1) and (2) on or before the 15th day prior to the election. +(4) The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day prior to the election. +(b) For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied: +(1) The affidavit is signed on the same date or a date prior to the signing of the petition or paper. +(2) The affidavit is received by the county elections official on or before the date on which the petition or paper is filed. +(c) Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant. +(d) A person who is at least 16 years of age and otherwise meets all eligibility requirements to vote may submit his or her affidavit of registration as prescribed by this section. A properly executed registration made pursuant to this subdivision shall be deemed effective as of the date the affiant will be 18 years of age, if the information in the affidavit of registration is still current at that time. If the information provided by the affiant in the affidavit of registration is not current at the time that the registration would otherwise become effective, for his or her registration to become effective, the affiant shall provide the current information to the proper county elections official as prescribed by this chapter. +SEC. 2.5. +Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to read: +2102. +(a) Except as provided in Chapter 4.5, a person shall not be registered as a voter except by affidavit of registration. The affidavit of registration shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed affidavit of registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day before an election to be held in the registrant’s precinct. A properly executed affidavit of registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply: +(1) The affidavit is postmarked on or before the 15th day before the election and received by mail by the county elections official. +(2) The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or before the 15th day before the election. +(3) The affidavit is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day before the election. +(4) The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day before the election. +(b) For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied: +(1) The affidavit is signed on the same date or a date before the signing of the petition or paper. +(2) The affidavit is received by the county elections official on or before the date on which the petition or paper is filed. +(c) Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant. +(d) A person who is at least 16 years of age and otherwise meets all eligibility requirements to vote may submit his or her affidavit of registration as prescribed by this section. A properly executed affidavit of registration made pursuant to this subdivision shall be deemed effective as of the date the affiant will be 18 years of age, if the information in the affidavit of registration is still current at that time. If the information provided by the affiant in the affidavit of registration is not current at the time that the affidavit of registration would otherwise become effective, for his or her registration to become effective, the affiant shall provide the current information to the proper county elections official as prescribed by this chapter. +(e) An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed. +(f) An individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting. +SEC. 3. +Chapter 4.5 (commencing with Section 2260) is added to Division 2 of the Elections Code, to read: +CHAPTER 4.5. California New Motor Voter Program +2260. +This chapter shall be known and may be cited as the California New Motor Voter Program. +2261. +The Legislature finds and declares all of the following: +(a) Voter registration is one of the biggest barriers to participation in our democracy. +(b) In 1993, Congress enacted the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), commonly known as the “Motor Voter Law,” with findings recognizing that the right of citizens to vote is a fundamental right; it is the duty of federal, state, and local governments to promote the exercise of the right to vote; and the primary purpose of the act is to increase the number of eligible citizens who register to vote. +(c) It is the intent of the Legislature to enact the California New Motor Voter Program to provide California citizens additional opportunities to participate in democracy through exercise of their fundamental right to vote. +2262. +(a) The Secretary of State and the Department of Motor Vehicles shall establish the California New Motor Voter Program for the purpose of increasing opportunities for voter registration by any person who is qualified to be a voter under Section 2 of Article II of the California Constitution. +(b) This chapter shall not be construed as requiring the Department of Motor Vehicles to determine eligibility for voter registration and voting. The Secretary of State is solely responsible for determining eligibility for voter registration and voting. +2263. +(a) The Department of Motor Vehicles, in consultation with the Secretary of State, shall establish a schedule and method for the department to electronically provide to the Secretary of State the records specified in this section. +(b) (1) The department shall provide to the Secretary of State, in a manner and method to be determined by the department in consultation with the Secretary of State, the following information associated with each person who submits an application for a driver’s license or identification card pursuant to Section 12800, 12815, or 13000 of the Vehicle Code, or who notifies the department of a change of address pursuant to Section 14600 of the Vehicle Code: +(A) Name. +(B) Date of birth. +(C) Either or both of the following, as contained in the department’s records: +(i) Residence address. +(ii) Mailing address. +(D) Digitized signature, as described in Section 12950.5 of the Vehicle Code. +(E) Telephone number, if available. +(F) Email address, if available. +(G) Language preference. +(H) Political party preference. +(I) Whether the person chooses to become a permanent vote by mail voter. +(J) Whether the person affirmatively declined to become registered to vote during a transaction with the department. +(K) A notation that the applicant has attested that he or she meets all voter eligibility requirements, including United States citizenship, specified in Section 2101. +(L) Other information specified in regulations implementing this chapter. +(2) (A) The department may provide the records described in paragraph (1) to the Secretary of State before the Secretary of State certifies that all of the conditions set forth in subdivision (e) of this section have been satisfied. Records provided pursuant to this paragraph shall only be used for the purposes of outreach and education to eligible voters conducted by the Secretary of State. +(B) The Secretary shall provide materials created for purposes of outreach and education as described in this paragraph in languages other than English, as required by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). +(c) The Secretary of State shall not sell, transfer or allow any third party access to the information acquired from the Department of Motor Vehicles pursuant to this chapter without approval of the department, except as permitted by this chapter and Section 2194. +(d) The department shall not electronically provide records of a person who applies for or is issued a driver’s license pursuant to Section 12801.9 of the Vehicle Code because he or she is unable to submit satisfactory proof that his or her presence in the United States is authorized under federal law. +(e) The Department of Motor Vehicles shall commence implementation of this section no later than one year after the Secretary of State certifies all of the following: +(1) The State has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Section 20901 et seq.). +(2) The Legislature has appropriated the funds necessary for the Secretary of State and the Department of Motor Vehicles to implement and maintain the California New Motor Voter Program. +(3) The regulations required by Section 2270 have been adopted. +(f) The Department of Motor Vehicles shall not electronically provide records pursuant to this section that contain a home address designated as confidential pursuant to Section 1808.2, 1808.4, or 1808.6 of the Vehicle Code. +2264. +(a) The willful, unauthorized disclosure of information obtained from the Department of Motor Vehicles pursuant to Section 2263 to any person, or the use of any false representation to obtain any of that information or the use of any of that information for a purpose other than as stated in Section 2263, is a misdemeanor punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment in the county jail not exceeding one year, or both fine and imprisonment. +(b) The Secretary of State shall establish procedures to protect the confidentiality of the information acquired from the Department of Motor Vehicles pursuant to Section 2263. The disclosure of this information shall be governed by the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and the Secretary of State shall account for any disclosures, including those due to security breaches, in accordance with that act. +2265. +(a) The records of a person designated in paragraph (1) of subdivision (b) of Section 2263 shall constitute a completed affidavit of registration and the Secretary of State shall register the person to vote, unless any of the following conditions is satisfied: +(1) The person’s records, as described in Section 2263, reflect that he or she affirmatively declined to become registered to vote during a transaction with the Department of Motor Vehicles. +(2) The person’s records, as described in Section 2263, do not reflect that he or she has attested to meeting all voter eligibility requirements specified in Section 2101. +(3) The Secretary of State determines that the person is ineligible to vote. +(b) (1) If a person who is registered to vote pursuant to this chapter does not provide a party preference, his or her party preference shall be designated as “Unknown” and he or she shall be treated as a “No Party Preference” voter. +(2) A person whose party preference is designated as “Unknown” pursuant to this subdivision shall not be counted for purposes of determining the total number of voters registered on the specified day preceding an election, as required by subdivision (b) of Section 5100 and subdivision (c) of Section 5151. +2266. +A person registered to vote under this chapter may cancel his or her voter registration at any time by any method available to any other registered voter. +2267. +This chapter does not affect the confidentiality of a person’s voter registration information, which remains confidential pursuant to Section 2194 of this code and Section 6254.4 of the Government Code and for all of the following persons: +(a) A victim of domestic violence, sexual assault, or stalking pursuant to Section 2166.5. +(b) A reproductive health care service provider, employee, volunteer, or patient pursuant to Section 2166.5. +(c) A public safety officer pursuant to Section 2166.7. +(d) A person with a life-threatening circumstance upon court order pursuant to Section 2166. +2268. +If a person who is ineligible to vote becomes registered to vote pursuant to this chapter in the absence of a violation by that person of Section 18100, that person’s registration shall be presumed to have been effected with official authorization and not the fault of that person. +2269. +If a person who is ineligible to vote becomes registered to vote pursuant to this chapter and votes or attempts to vote in an election held after the effective date of the person’s registration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote pursuant to Section 18560, unless that person willfully votes or attempts to vote knowing that he or she is not entitled to vote. +2270. +The Secretary of State shall adopt regulations to implement this chapter, including regulations addressing both of the following: +(a) A process for canceling the registration of a person who is ineligible to vote, but became registered under the California New Motor Voter Program in the absence of any violation by that person of Section 18100. +(b) An education and outreach campaign informing voters about the California New Motor Voter Program that the Secretary of State will conduct to implement this chapter. The Secretary may use any public and private funds available for this and shall provide materials created for this outreach and education campaign in languages other than English, as required by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). +SEC. 4. +Section 2.5 of this bill incorporates amendments to Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, proposed by both this bill and Senate Bill 589. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, and (3) this bill is enacted after Senate Bill 589, in which case Section 2 of this bill shall not become operative. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the federal National Voter Registration Act of 1993, requires a state to, among other things, establish procedures to register a person to vote by application made simultaneously with an application for a new or renewal of a motor vehicle driver’s license. The federal act requires the motor vehicle driver’s license application to serve as an application for voter registration with respect to an election for federal office, unless the applicant fails to sign the application, and requires the application to be considered as updating the applicant’s previous voter registration, if any. The federal act defines “motor vehicle driver’s license” to include any personal identification document issued by a state motor vehicle authority. +Under existing state law, a person may not be registered to vote except by affidavit of registration. Existing law requires a properly executed affidavit of registration to be deemed effective upon receipt of the affidavit by the county elections official if the affidavit is submitted to the Department of Motor Vehicles on or before the 15th day before the election. Existing state law requires the Department of Motor Vehicles and the Secretary of State to develop a process and the infrastructure to allow a person who is qualified to register to vote in the state to register to vote online. +Existing law requires the Department of Motor Vehicles to issue driver’s licenses and state identification cards to applicants who meet specified criteria and provide the department with the required information. Existing law generally requires an applicant for an original driver’s license or state identification card to submit satisfactory proof to the department that the applicant’s presence in the United States is authorized under federal law. +This bill would require the Secretary of State and the Department of Motor Vehicles to establish the California New Motor Voter Program for the purpose of increasing opportunities for voter registration by any person who is qualified to be a voter. Under the program, after the Secretary of State certifies that certain enumerated conditions are satisfied, the Department of Motor Vehicles would be required to electronically provide to the Secretary of State the records of each person who is issued an original or renewal of a driver’s license or state identification card or who provides the department with a change of address, as specified. The person’s motor vehicle records would then constitute a completed affidavit of registration and the person would be registered to vote, unless the person affirmatively declined to be registered to vote during a transaction with the department, the department did not represent to the Secretary of State that the person attested that he or she meets all voter eligibility requirements, as specified, or the Secretary of State determines that the person is ineligible to vote. The bill would require the Secretary of State to adopt regulations to implement this program, as specified. +Under existing law, the willful, unauthorized disclosure of information from a Department of Motor Vehicles record to any person, or the use of any false representation to obtain information from a department record or any use of information obtained from any department record for a purpose other than the one stated in the request or the sale or other distribution of the information to a person or organization for purposes not disclosed in the request is a misdemeanor, punishable by a fine not exceeding $5,000 or by imprisonment in the county jail not exceeding one year, or both fine and imprisonment. +This bill would provide that disclosure of information contained in the records obtained from the Department of Motor Vehicles pursuant to the California New Motor Voter Program is a misdemeanor, punishable by a fine not exceeding $5,000 or by imprisonment in the county jail not exceeding one year, or both fine and imprisonment. By creating a new crime, this bill would impose a state-mandated local program. +Existing law, the Information Practices Act of 1977, authorizes every state agency to maintain in its records only personal information that is relevant and necessary to accomplish a purpose of the agency, or is required or authorized by state or federal law. That act specifies the situations in which disclosure is permissible and also specifies the manner in which agencies must account for disclosures of personal information, including those due to security breaches, among other provisions. +This bill would require the Secretary of State to establish procedures to safeguard the confidentiality of information acquired from the Department of Motor Vehicles pursuant to the California New Motor Voter Program and would state that the provisions of the Information Practices Act of 1977 govern disclosures pursuant to the program. +Existing law makes it a crime for a person to willfully cause, procure, or allow himself or herself or any other person to be registered as a voter, knowing that he or she or that other person is not entitled to registration. Existing law also makes it a crime to fraudulently vote or attempt to vote. +This bill would provide that if a person who is ineligible to vote becomes registered to vote by operation of the California New Motor Voter Program in the absence of a violation by that person of the crime described above, that person’s registration shall be presumed to have been effected with official authorization and not the fault of that person. The bill would also provide that if a person who is ineligible to vote becomes registered to vote by operation of this program, and that person votes or attempts to vote in an election held after the effective date of the person’s registration, that person shall be presumed to have acted with official authorization and is not guilty of fraudulently voting or attempting to vote, unless that person willfully votes or attempts to vote knowing that he or she is not entitled to vote. +This bill would also make conforming changes. +This bill would incorporate additional changes to Section 2102 of the Elections Code, proposed by SB 589, that would become operative only if SB 589 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 2100 and 2102 of, and to add Chapter 4.5 (commencing with Section 2260) to Division 2 of the Elections Code, relating to elections." +832,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 20.2 (commencing with Section 69996) is added to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, to read: +Article 20.2. The California Covenants Program +69996. +(a) The California Covenants Program is hereby established under the administration of the Treasurer. The California Covenants Program shall be a prepaid college tuition program established to help families plan, save, and pay for the undergraduate college education of family members at campuses of the California State University, the University of California, and independent institutions of higher education, as defined in Section 66010. +(b) Under the program, the Treasurer shall issue tuition certificates in accordance with all of the following requirements: +(1) (A) The tuition certificate shall be issued by the Treasurer for the prepaid purchase of a fixed percentage of the tuition and mandatory systemwide fees for an academic year of full-time enrollment as an undergraduate at a campus of the California State University, the University of California, or an independent institution of higher education, as defined in Section 66010. The tuition certificate shall specify the percentage of tuition and mandatory fees that have been purchased thereby. The certificate covers annual tuition and fee increases of 7.5 percent or less. +(B) The Treasurer is authorized to determine the cost of the fixed percentage of tuition and mandatory systemwide fees for the participating institutions at the commencement of this program in 2018. The Treasurer shall have the discretion to periodically adjust the cost of the tuition certificates in light of changes in the cost of living, the economy of the state, and the levels of tuition and mandatory systemwide fees charged by the participating segments. +(2) The purchaser of a tuition certificate shall specify its intended beneficiary. The intended beneficiary may be any person who has not yet commenced grade 11 or its equivalent. A tuition certificate shall be valid for up to 30 years from the date that it is purchased. +(3) At the time the tuition certificate is used, the beneficiary shall either be a California resident or a student who is exempt from nonresident tuition pursuant to Section 68130.5. +(4) An individual may purchase an initial tuition certificate, or additional tuition certificates, for a beneficiary only between May 1 and June 30 of calendar years commencing in 2018. The minimum amount of tuition certificates that an individual may purchase in a calendar year shall be three hundred dollars ($300). +(5) A tuition certificate shall be used only to cover the cost of undergraduate tuition and mandatory systemwide fees at the California State University, the University of California, or independent institutions of higher education, as defined in Section 66010. A tuition certificate shall not be used to cover the cost of textbooks, supplies, or living expenses, including, but not necessarily limited to, food, housing, and transportation. +(6) If the intended beneficiary of a tuition certificate is unable to, or chooses not to, attend the institution issuing the certificate, the initial investment shall be returned to the individual who purchased the certificate, with interest equal to that earned by the Pooled Money Investment Fund, and shall not be subject to a tax penalty pursuant to Section 17131.12 of the Revenue and Taxation Code. +(c) The Treasurer, in collaboration with the Trustees of the California State University and the Regents of the University of California, may establish administrative guidelines and other requirements for purposes of implementing this article. +69996.3. +(a) The California Covenants Program Fund is hereby established. The moneys received by the Treasurer from the individuals who purchase tuition certificates under the program, and from the sale of bonds as authorized under subdivision (b), shall be deposited in the fund. Upon appropriation by the Legislature in the annual Budget Act, the moneys in the fund may be allocated by the Treasurer to the California State University, the University of California, and participating independent institutions of higher education, as defined in Section 66010, to pay the tuition and mandatory systemwide fees of beneficiaries of the program during that fiscal year. +(b) The Treasurer is authorized to issue bonds backed by the tuition certificate revenues. The proceeds of any bonds sold pursuant to this subdivision shall be deposited in the California Covenants Program Fund established by subdivision (a). +(c) The Director of Finance shall determine, at the commencement of each fiscal year, whether there are sufficient funds to implement the program in that fiscal year. The Director of Finance shall communicate this determination to the Treasurer in a timely manner each fiscal year. +(d) The California State University shall, and the University of California and independent institutions of higher education, as defined in Section 66010, are requested to, comply with the requirements of this article. +69996.5. +This article shall become operative on January 1, 2018. +SEC. 2. +Section 17131.12 is added to the Revenue and Taxation Code, to read: +17131.12. +For taxable years beginning on or after January 1, 2018, gross income does not include: +(a) Moneys invested by the taxpayer, including interest accrued by that investment, in the California Covenants Program established pursuant to Article 20.2 (commencing with Section 69996) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code. +(b) (1) Disbursements to the taxpayer from the California Covenants Program for use by a beneficiary at an educational institution that participates in the program. +(2) Tax, additions to tax, and penalties shall not apply to an amount disbursed to a taxpayer where the beneficiary does not attend an educational institution that participates in the California Covenants Program if the full amount, including interest, is returned to the taxpayer. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to immediately address heightened concerns about the rising costs of obtaining a postsecondary degree in this state, it is necessary for this bill to take effect immediately.","(1)Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as 2 of the segments of public postsecondary education in this state. +(1) Under existing law, the segments of postsecondary education in this state include the University of California, the California State University, the California Community Colleges, independent institutions of higher education, and private postsecondary educational institutions. +This bill would establish the California Covenants Program, under the administration of the Treasurer. The program would be a prepaid college tuition program, under which an individual could purchase a fixed percentage of the tuition and mandatory systemwide fees for an academic year of full-time enrollment as an undergraduate at a campus of the California State University, the University of California, or an independent institution of higher education, as specified, for a beneficiary who meets specified criteria. +The bill would establish the California Covenants Program Fund. The bill would require that the moneys received by the Treasurer from the individuals who purchase tuition certificates under the program, as well as the proceeds from the sale of certain bonds authorized by the bill, be deposited in the fund. The bill would authorize the Treasurer, upon appropriation in the annual Budget Act, to allocate moneys deposited in the fund to the California State University, the University of California, or an independent institution of higher education to pay the tuition and mandatory systemwide fees of beneficiaries of the program during that fiscal year. The bill would require the Director of Finance to determine, at the commencement of each fiscal year, whether there are sufficient funds to implement the program in that fiscal year, and to communicate this determination to the Treasurer in a timely manner each fiscal year. The bill would specify that the California State University is required, and the University of California and independent institutions of higher education are +requested to, +requested, to +comply with the bill’s provisions. +These provisions would become operative on January 1, 2018. +(2) The Personal Income Tax Law provides for various exclusions from gross income, including moneys received pursuant to specified grant programs. +This bill would, for taxable years beginning on or after January 1, 2018, also exclude from gross income amounts invested in, and disbursed from, the California Covenants Program, as provided. +(3) This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Article 20.2 (commencing with Section 69996) to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, and to add Section 17131.12 to the Revenue and Taxation Code, relating to student financial +aid. +aid, and declaring the urgency thereof, to take effect immediately." +833,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12801.5 of the Vehicle Code, as added by Section 13 of Chapter 524 of the Statutes of 2013, is amended to read: +12801.5. +(a) Except as provided in Section 12801.9, the department shall require an applicant for an original driver’s license or identification card to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law. +(b) Except as provided in Section 12801.9, the department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law. +(c) The department shall adopt regulations to carry out the purposes of this section, including, but not limited to, procedures for (1) verifying that the applicant’s presence in the United States is authorized under federal law, (2) issuance of a temporary license pending verification of the applicant’s status, and (3) hearings to appeal a denial of a license, temporary license, or identification card. +(d) On January 10 of each year, the department shall submit a supplemental budget report to the Governor and the Legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver’s licenses and identification cards, in order for the state to request reimbursement from the federal government. +(e) Notwithstanding Section 40300 or any other law, a peace officer shall not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under 16 years of age. +(f) The inability of an individual to obtain a driver’s license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility. +(g) This section shall become operative on January 1, 2015, or on the date that the director executes a declaration pursuant to Section 12801.11, whichever is sooner. +(h) This section shall become inoperative on July 1, 2016, or the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason, whichever is sooner, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes effective on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. The department shall post information relating to a final judicial determination on its Internet Web site. +SEC. 2. +Section 12801.5 is added to the Vehicle Code, to read: +12801.5. +(a) Except as provided in Section 12801.9, the department shall require an applicant for an original driver’s license or identification card to submit satisfactory proof of California residency and that the applicant’s presence in the United States is authorized under federal law. +(b) Except as provided in Section 12801.9, the department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law. +(c) The department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof of California residency. +(d) The department shall adopt regulations to carry out the purposes of this section, including, but not limited to, procedures for (1) verifying that the applicant is a California resident and that his or her presence in the United States is authorized under federal law, (2) issuance of a temporary license pending verification of the applicant’s status, and (3) hearings to appeal a denial of a license, temporary license, or identification card. +(e) On January 10 of each year, the department shall submit a supplemental budget report to the Governor and the Legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver’s licenses and identification cards, in order for the state to request reimbursement from the federal government. +(f) Notwithstanding Section 40300 or any other law, a peace officer shall not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under 16 years of age. +(g) The inability of an individual to obtain a driver’s license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility. +(h) This section shall become operative on July 1, 2016. +(i) This section shall become inoperative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site. +SEC. 3. +Section 12801.5 of the Vehicle Code, as added by Section 14 of Chapter 524 of the Statutes of 2013, is amended to read: +12801.5. +(a) Notwithstanding any other law, the department shall require an applicant for an original driver’s license or identification card to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law. +(b) The department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law. +(c) The department shall adopt regulations to carry out the purposes of this section, including, but not limited to, procedures for (1) verifying that the applicant’s presence in the United States is authorized under federal law, (2) issuance of a temporary license pending verification of the applicant’s status, and (3) hearings to appeal a denial of a license, temporary license, or identification card. +(d) On January 10 of each year, the department shall submit a supplemental budget report to the Governor and the Legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver’s licenses and identification cards, in order for the state to request reimbursement from the federal government. +(e) Notwithstanding Section 40300 or any other law, a peace officer shall not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under 16 years of age. +(f) The inability of an individual to obtain a driver’s license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility. +(g) This section shall become operative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site. +(h) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 4. +Section 12801.5 is added to the Vehicle Code, to read: +12801.5. +(a) Notwithstanding any other law, the department shall require an applicant for an original driver’s license or identification card to submit satisfactory proof of California residency and that the applicant’s presence in the United States is authorized under federal law. +(b) The department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law. +(c) The department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof of California residency. +(d) The department shall adopt regulations to carry out the purposes of this section, including, but not limited to, procedures for (1) verifying that the applicant is a California resident and that his or her presence in the United States is authorized under federal law, (2) issuance of a temporary license pending verification of the applicant’s status, and (3) hearings to appeal a denial of a license, temporary license, or identification card. +(e) On January 10 of each year, the department shall submit a supplemental budget report to the Governor and the Legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver’s licenses and identification cards, in order for the state to request reimbursement from the federal government. +(f) Notwithstanding Section 40300 or any other law, a peace officer shall not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under 16 years of age. +(g) The inability of an individual to obtain a driver’s license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility. +(h) This section shall become operative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site.","Existing law requires the Department of Motor Vehicles to issue driver’s licenses to applicants who meet specified criteria and provide the department with the required information. Existing law generally requires an applicant for an original driver’s license or identification card to submit satisfactory proof to the department that the applicant’s presence in the United States is authorized under federal law. +This bill would also require, beginning July 1, 2016, an applicant for an original driver’s license or identification card to submit satisfactory proof of California residency, and would prohibit the department from issuing an original driver’s license or identification card to a person who does not submit satisfactory proof of California residency. The bill would require the department to adopt regulations relating to the procedures for verifying that the applicant is a California resident.","An act to amend, repeal, and add Section 12801.5 of the Vehicle Code, relating to vehicles." +834,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 67386 of the Education Code is amended to read: +67386. +(a) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing +boards of +board of each +independent postsecondary +institutions +institution +shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)) involving a student, both on and off campus. The policy shall include all of the following: +(1) An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity +, +and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent. +(2) A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances: +(A) The accused’s belief in affirmative consent arose from the intoxication or recklessness of the accused. +(B) The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented. +(3) A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence. +(4) A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances: +(A) The complainant was asleep or unconscious. +(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity. +(C) The complainant was unable to communicate due to a mental or physical condition. +(b) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing +boards of +board of each +independent postsecondary +institutions +institution +shall adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards. At a minimum, the policies and protocols shall cover all of the following: +(1) A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality. +(2) Initial response by the institution’s personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses. +(3) Response to stranger and nonstranger sexual assault. +(4) The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate. +(5) Contacting and interviewing the accused. +(6) Seeking the identification and location of witnesses. +(7) Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate. +(8) Participation of victim advocates and other supporting people. +(9) Investigating allegations that alcohol or drugs were involved in the incident. +(10) Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institution’s student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty. +(11) The role of the institutional staff supervision. +(12) A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases. +(13) Procedures for confidential reporting by victims and third parties. +(c) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing +boards of +board of each +independent postsecondary +institutions +institution +shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused. +(d) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing +boards of +board of each +independent postsecondary +institutions +institution +shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institution’s policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institution’s overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy. +(e) Outreach programming shall be included as part of every incoming student’s orientation.","Existing law requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions to adopt and implement written procedures or protocols to ensure that students, faculty, and staff who are victims of sexual assault on the grounds or facilities of their institutions receive treatment and information, including a description of on-campus and off-campus resources. +Existing law also requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions, in order to receive state funds for student financial assistance, to adopt policies concerning sexual assault, domestic violence, dating violence, and stalking that include certain elements, including an affirmative consent standard in the determination of whether consent was given by a complainant. Existing law also requires these governing boards, in order to receive those state funds, to adopt certain sexual assault policies and protocols, as specified, and requires the governing boards, to the extent feasible, to enter into memoranda of understanding or other agreements or collaborative partnerships with on-campus and community-based organizations to refer students for assistance or make services available to students. Existing law also requires the governing boards, in order to receive those state funds, to implement comprehensive prevention and outreach programs addressing sexual assault, domestic violence, dating violence, and stalking. +This bill would make nonsubstantive changes in this provision.","An act to amend Section 67386 of the Education Code, relating to student safety." +835,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Existing law provides that individuals with disabilities or medical conditions have the same right as the general public to the full and free use of streets, highways, sidewalks, walkways, public buildings, medical facilities, public facilities, and other public places. +(b) +Existing law prescribes a process for bringing an action to remedy issues of accessibility and provides that a person aggrieved or potentially aggrieved by a violation of these rights may bring an action for damages. +(c) +Legislation enacted in 2012 requires an attorney to provide a written advisory with each demand letter or complaint to a defendant or potential defendant for any construction-related accessibility claim. Certain basic review requirements are also required prior to sending a demand letter. This legislation did not and does not apply to public facilities. +(d) +It is the mission of community colleges and school districts to provide quality educational programs and services that address the diverse needs of students and communities throughout the state. +(e) +California’s community colleges place a heavy importance on providing quality educational facilities that are accessible to all members of the community. +(f) +Community colleges and local educational agencies, as well as other public agencies, are subject to design and construction oversight by the Division of the State Architect. The Division of the State Architect evaluates compliance with building code and Education Code requirements for accessibility, structural safety, and fire and life safety on new construction projects and on modernization projects. +(g) +As part of its responsibilities, the Division of the State Architect performs a project closeout to determine that the project complies with codes and regulations governing school construction, including accessibility. This process examines facilities for specific requirements before, during, and after construction to ensure any outstanding issues have been resolved. At the end of construction, the Division of the State Architect issues a closeout letter for the project that indicates compliance with applicable rules and regulations. +(h) +In light of the participation of the Division of the State Architect in the design and construction of facilities of community colleges and local educational agencies, it is appropriate that these facilities receive additional protections already extended to private defendants in construction-accessibility actions. +SECTION 1. +SEC. 2. +Section 54.26 is added to the Civil Code, to read: +54.26. +(a) For any action commenced on or after January 1, 2016, or for an action commenced prior to that date for which a final judgment has not been entered, the following shall apply: +(1) New construction or alteration of a structure conducted by a public entity on or before September 15, 2010, that complies with the 1991 ADA Standards for Accessible Design or the Uniform Federal Accessibility Standards are deemed not in violation of this part. +(2) New construction or alteration of a structure conducted by a public entity on or after September 15, 2010, and before March 15, 2012, that complies with either the 1991 ADA Standards for Accessible Design or 2010 ADA Standards for Accessible Design are deemed not in violation of this part. +(3) New construction or alteration of a structure conducted by a public entity on or after March 15, 2012, that complies with the 2010 ADA Standards for Accessible Design or the applicable code in place at the time of construction or alteration are deemed not in violation of this part. +(4) Elements in existing facilities of a public entity that have not been altered on or before March 15, 2012, that comply with the 1991 ADA Standards for Accessible Design or 2010 ADA Standards for Accessible Design are deemed not in violation of this part. +(b) A public entity’s possession of a closeout letter from the State Architect certifying that the public buildings, public facilities, and other public places to which the letter applies meet the applicable building and construction-related accessibility standards of the federal Americans with Disabilities Act shall serve as presumptive evidence that the public buildings, facilities, and places are in compliance with this part and the federal Americans with Disabilities Act. +SEC. 2. +SEC. 3. +Section 55.52 of the Civil Code is amended to read: +55.52. +(a) For purposes of this part, the following definitions apply: +(1) “Construction-related accessibility claim” means any civil claim in a civil action with respect to a place of public accommodation, including, but not limited to, a claim brought under Section 51, 54, 54.1, or 55, based wholly or in part on an alleged violation of any construction-related accessibility standard, as defined in paragraph (6). +(2) “Application for stay and early evaluation conference” means an application to be filed with the court that meets the requirements of subdivision (c) of Section 55.54. +(3) “Certified access specialist” or “CASp” means any person who has been certified pursuant to Section 4459.5 of the Government Code. +(4) “Meets applicable standards” means the site was inspected by a CASp and determined to meet all applicable construction-related accessibility standards pursuant to paragraph (1) of subdivision (a) of Section 55.53. A site that is “CASp inspected” on or before the effective date of the amendments made to this section by Senate Bill 1186 of the 2011–12 Regular Session of the Legislature means that the site “meets applicable standards.” +(5) “Inspected by a CASp” means the site was inspected by a CASp and is pending a determination by the CASp that the site meets applicable construction-related accessibility standards pursuant to paragraph (2) of subdivision (a) of Section 55.53. A site that is “CASp determination pending” on or before the effective date of the amendments made to this section by Senate Bill 1186 of the 2011–12 Regular Session of the Legislature means that the site was “inspected by a CASp.” +(6) “Construction-related accessibility standard” means a provision, standard, or regulation under state or federal law requiring compliance with standards for making new construction and existing facilities accessible to persons with disabilities, including, but not limited to, any provision, standard, or regulation set forth in Section 51, 54, 54.1, or 55 of this code, Section 19955.5 of the Health and Safety Code, the California Building Standards Code (Title 24 of the California Code of Regulations), the federal Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.), and the federal Americans with Disabilities Act Accessibility Guidelines (Appendix A to Part 36 of Title 28 of the Code of Federal Regulations). +(7) (A) “Place of public accommodation” has the same meaning as “public accommodation,” as set forth in Section 12181(7) of Title 42 of the United States Code and the federal regulations adopted pursuant to that section. +(B) For any action commenced on or after that January 1, 2016, or for an action commenced prior to that date for which a final judgment has not been entered, “place of public accommodation” also means public buildings, public facilities, and other public places of +an educational institution of +a public entity as defined in Section 12131(1) of Title 42 of the United States Code and any related federal regulations. +(8) “Qualified defendant” means a defendant in an action that includes a construction-related accessibility claim that is asserted against a place of public accommodation that met the requirements of “meets applicable standards” or “inspected by a CASp” prior to the date the defendant was served with the summons and complaint in that action. To be a qualified defendant, the defendant is not required to have been the party who hired any CASp, so long as the basis of the alleged liability of the defendant is a construction-related accessibility claim. To determine whether a defendant is a qualified defendant, the court need not make a finding that the place of public accommodation complies with all applicable construction-related accessibility standards as a matter of law. The court need only determine that the place of public accommodation has a status of “meets applicable standards” or “inspected by a CASp.” +(9) “Site” means a place of public accommodation. +(b) Unless otherwise indicated, terms used in this part relating to civil procedure have the same meanings that those terms have in the Code of Civil Procedure.","Existing law provides that individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, including hospitals, clinics, and physicians’ offices, public facilities, and other public places. Existing law prescribes a process for prosecuting an action in this regard and provides that a person aggrieved or potentially aggrieved by a violation of these rights may bring an action for damages and that a prevailing party is entitled to recover reasonable attorney’s fees. +This bill would except from the application of these provisions public buildings, public facilities, and other public places of a public entity that, on specified dates, met specified disability access design standards. The bill would provide that a public entity’s possession of a close out letter from the State Architect certifying that the buildings, facilities, and other places to which the letter applies meet the applicable building and construction-related accessibility standards of the federal Americans with Disabilities Act serves as presumptive evidence that the public buildings, facilities, and places are in compliance with this part and the federal Americans with Disabilities Act. +Existing law prescribes a process in certain construction-related accessibility claims against a place of public accommodation. This process permits statutory damages to be awarded against a place of public accommodation only if the violation denied the plaintiff full and equal access to the place of public accommodation on a particular occasion. This process also reduces a defendant’s minimum statutory damage liability to $1,000 if the defendant demonstrates that it has corrected all construction-related violations that are the basis of a claim within 60 days of being served with the complaint, and other select conditions are met. +This bill would apply the process described above to an action commenced on or after that January 1, 2016, or an action commenced prior to that date for which a final judgment has not been entered, to public buildings, public facilities, and other public places of +an educational institution of +a public entity by revising the definition of a place of public accommodation.","An act to amend Section 55.52 of, and to add Section 54.26 to, the Civil Code, relating to civil rights." +836,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Harmful blooms of algae in the waters of the state, including, but not limited to, coastal lakes, estuaries, rivers and streams, wetlands, and inland lakes and reservoirs, represent a threat to water supplies, human health, endangered wildlife, and recreational activities. +(b) Degradation of watersheds, nutrient loading, increased water diversions, and climate change have been linked to the global expansion of harmful algal blooms, with high toxin production noted regularly in lakes, rivers, and other waters of the state. +(c) The state’s waters are especially prone to harmful algal blooms due to our warm climate, numerous water diversions, and stressed waterways. +(d) Harmful algae can produce potent hepatotoxins and neurotoxins, collectively referred to as cyanotoxins. Microcystins are the most commonly found cyanotoxin in the state’s impacted waters. Other cyanotoxins, such as the neurotoxins anatoxin-a and saxitoxin, are also present in California’s waters, but, at present, little is known about them. +(e) Cyanotoxins are poisonous to humans, pets, livestock, birds, and other wildlife via ingestion, inhalation, or skin exposure. A single dose of microcystin can cause prolonged toxicity by cycling repeatedly between the liver and intestines. +(f) Harmful algal blooms of microcystins are occurring in waters throughout California, and are threatening our water supply and health. Areas with recurrent and worsening cyanotoxin pollution include the Klamath and Sacramento Rivers, the Sacramento and San Joaquin Rivers (from the Sacramento Delta to San Francisco Bay), and Clear Lake. Pinto Lake, Copco Lake, Iron Gate Reservoir, and three segments of the Klamath River have been listed as impaired due to cyanobacteria. Bird deaths attributed to microcystins have also been reported from the Salton Sea. +(g) A harmful algal bloom in the Pacific Ocean is currently threatening the harvest of Dungeness crabs, an important and lucrative state industry. The algal bloom could affect the Dungeness crab population in the ports of Crescent City, Trinity, Eureka, Fort Bragg, Bodega Bay, San Francisco, Half Moon Bay, and Morro Bay. +(h) The Pinto Lake watershed is being evaluated for total maximum daily load (TMDL) regulation for microcystin, and was considered for remediation as an Environmental Protection Agency “superfund” site. +(i) California’s southern sea otters, a state and federally listed threatened species, have died from microcystin poisoning. The source of sea otter exposure appears to be microcystin-contaminated freshwater runoff and possibly contaminated prey species. +(j) Sea otters and humans eat some of the same marine foods that can concentrate microcystin in body tissues; hence, food safety is a public health concern. Freshwater and marine fish and shellfish have not been routinely tested for cyanotoxins in California and limited diagnostic testing is available. +(k) The state needs a coordinated multiagency effort to develop actions and projects that will prevent or mitigate toxic blooms and associated cyanotoxin pollution. +SEC. 2. +Chapter 10 (commencing with Section 31420) is added to Division 21 of the Public Resources Code, to read: +CHAPTER 10. Safe Water and Wildlife Protection Act of 2016 +31420. +This chapter shall be known, and may be cited, as the Safe Water and Wildlife Protection Act of 2016. +31421. +For purposes of this chapter, the following terms have the following meanings: +(a) “Board” means the State Water Resources Control Board. +(b) “Task force” means the Harmful Algal Bloom Task Force created pursuant to Section 31422. +(c) “Waters of the state” means any surface waters in the state, including, but not limited to, coastal lakes, lagoons and estuaries, rivers, streams, inland lakes and reservoirs, wetlands, and marine waters. +31422. +(a) The board shall establish and coordinate the Harmful Algal Bloom Task Force, comprised of a representative of each of the State Department of Public Health, the Department of Fish and Wildlife, the Department of Food and Agriculture, the conservancy, and other relevant agency representatives, to be determined by the chairperson of the board, in consultation with the Secretary for Environmental Protection. The board may augment an existing task force or network to accomplish the requirements of this chapter. +(b) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +31423. +The functions and duties of the task force include all of the following: +(a) Assess and prioritize the actions and research necessary to develop measures that prevent or sustainably mitigate toxic algal blooms in the waters of the state. The assessment shall consider the linked impacts of toxic algal blooms and cyanotoxins on human and animal health, as well as in the context of ecosystem health and water quality. +(b) Solicit and review proposals from universities, local governments, California Native American tribes, and nonprofit organizations for applied research, projects, and programs that accomplish both of the following: +(1) Contribute to development of strategies or implementation of activities that prevent or sustainably mitigate harmful algal blooms, including cyanotoxins and microcystin pollution in the waters of the state. +(2) Establish harmful algal bloom monitoring programs or develop laboratory capacity for analyzing water samples for harmful algal bloom pollution. +(c) Provide funding recommendations to the chairperson of the board and to the Department of Fish and Wildlife, the Wildlife Conservation Board, the conservancy, other members of the task force, and other relevant agency representatives for those proposals for applied research, projects, and programs, described in subdivision (b), that the task force determines will contribute to the development of prevention strategies and sustainable mitigation actions to address harmful algal blooms. +(d) Review the risks and negative impacts of harmful algal blooms and microcystin pollution on humans, wildlife, fisheries, livestock, pets, and aquatic ecosystems, and develop recommendations for prevention and long-term mitigation. The task force shall submit a summary of its findings based on the review, including its recommendations to the appropriate policy and fiscal committees of the Legislature, the Secretary for Environmental Protection, and the Secretary of the Natural Resources Agency on or before January 1, 2019. The recommendations shall provide guidance on what type of programs or state resources will be required to prevent harmful toxic algal blooms and microcystin pollution in the waters of the state over time. +(e) Organize meetings and workshops of experts and stakeholders as needed to implement this section. +(f) Before providing funding recommendations pursuant to subdivision (c), or submitting a summary of findings pursuant to subdivision (d), the task force shall establish a notification procedure and publish notices to inform the public about ongoing activities, and provide opportunities for public review and comment on applied research, projects, and programs solicited pursuant to subdivision (b). +(g) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +31424. +The conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the board, or any of them, may enter into contracts and provide grants, upon appropriation, from funds available pursuant to Section 79730 of the Water Code, Section 18754.1 of the Revenue and Taxation Code, or from other appropriate funds accessible by any of these departments and agencies for applied research, projects, and programs recommended by the task force pursuant to subdivision (c) of Section 31423. +SECTION 1. +Section 510.5 is added to the +Labor Code +, to read: +510.5. +(a)There shall be a rebuttable presumption that an employee is exempt from Section 510 if the employee earns total gross annual compensation of at least one hundred thousand dollars ($100,000) and also customarily and regularly performs any one or more of the exempt duties or responsibilities of an executive, administrative, or professional employee as set forth in the Industrial Welfare Commission Wage Orders. +(b)(1)“Total gross annual compensation” shall include at least one thousand dollars ($1,000) per week paid on a salary or fee basis. Total gross annual compensation may also include commissions, nondiscretionary bonuses, and other nondiscretionary compensation earned during a 52-week period. Total gross annual compensation does not include board, lodging, and other facilities, and does not include payments for medical insurance, paymentsod as the year, such as a calendar year, a fiscal year, or an anniversary of hire year. If the employer does not identify some other year period in advance, the calendar year will apply. +(c)The presumption created under subdivision (a) shall be rebutted only by evidence of one or more of the following: +(1)The employee did not earn total gross annual compensation of at least one hundred thousand dollars ($100,000). +(2)The employee did not earn at least one thousand dollars ($1,000) per week paid on a salary or fee basis. +(3)The employee did not customarily and regularly perform at least one exempt duty or responsibility of an executive, administrative, or professional employee as set forth in the Industrial Welfare Commission Wage Orders. +(d)This section applies only to employees whose primary duty includes performing office or nonmanual work. +(e)(1)This section does not apply to nonmanagement production-line workers and nonmanagement employees in maintenance, construction, and similar occupations, such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers, laborers, and other employees who perform work involving repetitive operations with their hands, physical skill, and energy, regardless of the amount of their compensation. +(2)This section does not apply to an employee covered under a valid collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of employees, including premium wage rates for all overtime hours worked.","Existing law establishes the State Coastal Conservancy and prescribes the membership and functions and duties of the conservancy with respect to preservation of coastal resources in the state. +This bill would enact the Safe Water and Wildlife Protection Act of 2016, which would require the State Water Resources Control Board, until January 1, 2020, to establish and coordinate the Harmful Algal Bloom Task Force, comprised of specified representatives of state agencies, including the conservancy, in consultation with the Secretary for Environmental Protection, and would prescribe the functions and duties of the task force. The bill would require the task force to review the risks and negative impacts of harmful algal blooms and microcystin pollution and to submit a summary of its findings and recommendations to the appropriate policy and fiscal committees of the Legislature, the Secretary of the Natural Resources Agency, and the secretary on or before January 1, 2019. The act would require the task force, before providing funding recommendations or submitting a summary of findings, to notify the public about ongoing activities and provide opportunities for public review and comment on applied research, projects, and programs. The act would authorize the conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the State Water Resources Control Board to enter into contracts and provide grants, upon appropriation, from specified bond funds available under the Water Quality, Supply, and Infrastructure Improvement Act of 2014, the California Sea Otter Fund, or from other appropriate funds for applied research, projects, and programs, recommended by the task force, aimed at preventing or sustainably mitigating harmful algal blooms, including cyanotoxins and microcystin pollution in the waters of the state. +Existing law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Existing law establishes the Division of Labor Standards Enforcement in the Department of Industrial Relations for the enforcement of labor laws, including overtime payment. Under existing law, a person who violates the provisions regulating work hours is guilty of a misdemeanor. +This bill would establish a rebuttable presumption that an employee is exempt from overtime pay if the employee earns total gross annual compensation of at least $100,000 and regularly performs any of the exempt duties or responsibilities of an executive, administrative, or professional employee as set forth in the Industrial Welfare Commission Wage Orders. This bill, to rebut the presumption, would require evidence that the employee did not earn total gross annual compensation of at least $100,000, that the employee did not earn at least $1,000 per week, as specified, or that the employee did not regularly perform at least one exempt duty of an executive, administrative, or professional employee. This bill would only apply to an employee whose primary duty includes office or nonmanual work, as described.","An act to add +Section 510.5 to the Labor Code, relating to +employment +Chapter 10 (commencing with Section 31420) to Division 21 of, and to repeal Sections 31422 and 31423 of, the Public Resources Code, relating to coastal wildlife protection +." +837,"The people of the State of California do enact as follows: + + +SECTION 1. +Part 53 (commencing with Section 87700) is added to Division 7 of Title 3 of the Education Code, to read: +PART 53. Community College Career Technical Education Bond Act +Article 1. Title +87700. +This part shall be known, and may be cited, as the Community College Career Technical Education Bond Act. +Article 2. Definitions +87701. +As used in this part, the following terms have the following meanings: +(a) “Committee” means the Community College Career Technical Education Bond Act Finance Committee created pursuant to Section 87721. +(b) “Fund” means the Community College Career Technical Education Bond Fund created pursuant to Section 87705. +Article 3. Community College Career Technical Education Bond Fund +87705. +The proceeds of bonds issued and sold pursuant to this part shall be deposited in the Community College Career Technical Education Bond Fund, which is hereby created in the State Treasury. +87706. +The Chancellor of the California Community Colleges may issue grants from the fund for the limited purpose of buying and maintaining career technical education facilities and equipment to regions in the state that do both of the following: +(a) Establish a need for career technical education equipment and facilities in order to meet a local employment need. +(b) Within the region, establish community colleges that specialize in various types of career technical education, including, but not limited to, health-related industries, automotive and transportation industries, information technology industries, entertainment and culinary arts, and performing art technology. +87707. +Nothing in this article shall prevent a community college from charging tuition and fees commensurate with the costs of providing career technical education. Moneys from the fund shall supplement and not supplant moneys received from charging tuition and fees. +Article 4. Fiscal Provisions +87720. +(a) Bonds in the total amount of five hundred million dollars ($500,000,000), or so much thereof as is necessary, not including the amount of any refunding bonds issued in accordance with Section 87726 may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. +(b) The Treasurer shall sell the bonds authorized by the committee pursuant to this section. The bonds shall be sold upon the terms and conditions specified in a resolution to be adopted by the committee pursuant to Section 16731 of the Government Code. +87720.5. +The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this part and are hereby incorporated in this part as though set forth in full in this part, except subdivisions (a) and (b) of Section 16727 of the Government Code. +87721. +(a) Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code) of the bonds authorized by this part, the Community College Career Technical Education Bond Act Finance Committee is hereby created. For purposes of this part, the Community College Career Technical Education Bond Act Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. +(b) The committee consists of the Governor, the Controller, the Treasurer, the Director of Finance, and the Chancellor of the California Community Colleges. Notwithstanding any other provision of law, any member may designate a representative to act as that member in his or her place for all purposes, as though the member were personally present. +(c) The Chancellor of the California Community Colleges shall serve as chairperson of the committee. +(d) A majority of the committee may act for the committee. +87721.5. +The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out the actions specified in this part and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. +87722. +For purposes of the State General Obligation Bond Law, “board,” as defined in Section 16722 of the Government Code, means the Chancellor of the California Community Colleges. +87722.5. +There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. +87723. +Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this part, an amount that will equal the total of the following: +(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this part, as the principal and interest become due and payable. +(b) The sum that is necessary to carry out the provisions of Section 87724.5, appropriated without regard to fiscal years. +87723.5. +The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account in accordance with Section 16312 of the Government Code for the purpose of carrying out this part less any amount withdrawn pursuant to Section 87724.5. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this part. The board shall execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated in accordance with this part. +87724. +Notwithstanding any other provision of this part, or of the State General Obligation Bond Law, if the Treasurer sells bonds that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions or is otherwise entitled to any federal tax advantage, the Treasurer may maintain separate accounts for the bond proceeds invested and for the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. +87724.5. +For the purposes of carrying out this part, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this part less any amount borrowed pursuant to Section 87723.5. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, with interest at the rate earned by the money in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this part. +87725. +All money deposited in the fund that is derived from premium and accrued interest on bonds sold pursuant to this part shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except that amounts derived from premium may be reserved and used to pay the cost of bond issuance prior to any transfer to the General Fund. +87725.5. +Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond issuance shall be paid out of the bond proceeds, including premium, if any. To the extent the cost of bond issuance is not paid from premiums received from the sale of bonds, these costs shall be shared proportionately by each program funded through this part by the applicable bond sale. +87726. +The bonds issued and sold pursuant to this part may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds under this part shall include approval of the issuance of any bonds issued to refund any bonds originally issued under this part or any previously issued refunding bonds. +87726.5. +The proceeds from the sale of bonds authorized by this part are not “proceeds of taxes” as that term is used in Article XIII B and Section 8 of Article XVI of the California Constitution, and the disbursement of these proceeds is not subject to the limitations imposed by Article XIII B of the California Constitution. +SEC. 2. +Section 1 of this act shall take effect upon the approval by the voters of the Community College Career Technical Education Bond Act, as set forth in that section, which shall be submitted to the voters at the November 8, 2016, statewide general election.","Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes them to operate campuses and provide instruction to students. +This bill would enact the Community College Career Technical Education Bond Act, which, if adopted by the voters at the November 8, 2016, statewide general election, would authorize the issuance of bonds in amount of $500,000,000 pursuant to the State General Obligation Bond Law to finance a community college career technical education bond program.","An act to add Part 53 (commencing with Section 88700) to Division 7 of Title 3 of the Education Code, relating to financing community college career technical education facilities and equipment, by providing the funds necessary therefor through an election for the issuance and sale of bonds of the State of California and for the handling and disposition of those funds." +838,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California’s climate is changing, posing an escalated threat to public health, the environment, the economy, and public and private property in the state. The increasing frequency of extreme weather events, including floods and heat waves, fires, rising sea levels, and changes in hydrology, including diminishing snowpacks and more frequent droughts, among other climate change impacts, will affect every part of residents’ lives in the next century and beyond. Planning appropriately for these impacts will help us be better prepared for the future. +(b) The impacts of climate change, including longer droughts, extended floods, prolonged fire seasons with larger and more intense fires, heat waves, and sea level rise, are already creating challenges for public health and safety and causing destructive property damage. +(c) Climate change poses a threat not just to the lives and health of residents but also to the state’s economy and to the financial health of our local governments. +(d) According to the Natural Resources Agency’s report, “Safeguarding California: Reducing Climate Risk,” state-of-the-art modeling shows that a single extreme winter storm in California could cost on the order of $725,000,000,000, including total direct property losses of nearly $400,000,000,000 and devastating impacts to residents, the economy, and natural resources. +(e) Adapting to climate change, in addition to reducing the impacts of climate change on California’s natural resources and infrastructure, is essential to protecting the state’s environment and economy over time and will require coordination across all state departments and agencies. +(f) Given the potential impacts and the long-term nature of effective planning, California needs to take action now. +SEC. 2. +Part 3.7 (commencing with Section 71150) is added to Division 34 of the Public Resources Code, to read: +PART 3.7. Climate Change and Climate Adaptation +71150. +For purposes of this part, the following terms have the following meanings: +(a) “Agency” means the Natural Resources Agency. +(b) “Council” means the Strategic Growth Council. +(c) “Plan” means the Safeguarding California Plan. +71152. +It is the intent of the Legislature to prioritize the state’s response to the impacts resulting from climate change by ensuring all state departments and agencies prepare for and are ready to respond to the impacts of climate change, such as extreme weather events, the urban heat island effect, habitat loss, wildfire, sea-level rise, and drought. It also is the intent of the Legislature that the agency consider developing policies to address the impacts of climate change and climate adaptation with a focus on people, places, and water and that actions taken to address climate adaptation should be consistent with the plan. +71153. +(a) By July 1, 2017, and every three years thereafter, the agency shall update the state’s climate adaptation strategy, known as the plan. As part of the update, the agency shall coordinate with other state agencies to identify a lead agency or group of agencies to lead adaptation efforts in each sector. The updates to the plan shall include all of the following: +(1) Vulnerabilities to climate change by sector, as identified by the lead agency or group of agencies, and regions, including, at a minimum, the following sectors: +(A) Water. +(B) Energy. +(C) Transportation. +(D) Public health. +(E) Agriculture. +(F) Emergency services. +(G) Forestry. +(H) Biodiversity and habitat. +(I) Ocean and coastal resources. +(2) Priority actions needed to reduce risks in those sectors, as identified by the lead agency or group of agencies. +(b) By January 1, 2017, and every three years thereafter, the agency shall release a draft plan. Between the release of the draft plan and the publication of the final update of the plan, the agency shall hold at least three public hearings for the purpose of providing an opportunity for the public to review and provide written and oral comments on the draft plan. The public hearings shall be held in northern California, the central valley of California, and southern California. +(c) The agency shall annually report to the Legislature, consistent with Section 9795 of the Government Code, on actions taken by each applicable agency to implement the plan. +71154. +To address the vulnerabilities identified in the plan, state agencies shall work to maximize, where applicable and feasible, the following objectives: +(a) Educating the public about the consequences of climate change, such as sea-level rise, extreme weather events, the urban heat island effect, habitat loss, wildfire, drought, threats to infrastructure and agriculture, worsening air and water quality, and public health impacts. +(b) Ensuring there is a continued repository for scientific data on climate change and climate adaptation in the state in order to facilitate educated state and local policy decisions and to help identify primary risks from climate change to residents, property, communities, and natural systems across the state. +(c) (1) Promoting the use of the plan to inform planning decisions and ensure that state investments consider climate change impacts, as well as promote the use of natural systems and natural infrastructure, when developing physical infrastructure to address adaptation. +(2) When developing infrastructure to address adaptation, where feasible, a project alternative should be developed that utilizes existing natural features and ecosystem processes or the restoration of natural features and ecosystem processes to meet the project’s goals. +(3) For purposes of this subdivision, “natural infrastructure” means the preservation or restoration of ecological systems or the utilization of engineered systems that use ecological processes to increase resiliency to climate change, manage other environmental hazards, or both. This may include, but need not be limited to, flood plain and wetlands restoration or preservation, combining levees with restored natural systems to reduce flood risk, and urban tree planting to mitigate high heat days. +(d) Encouraging regional collaborative planning efforts to address regional climate change impacts and adaptation strategies. +(e) Promoting drought resiliency through an integrated water supply, delivery, and capture system that is coordinated and that can be resilient to a multiyear drought scenario while protecting water quality and the public health. Establishing both drought preparation programs, which will help create sustainable water systems in the future, and immediate drought response programs, which will reduce water demand or increase supply within one to five years of any declared drought. +(f) Building resilient communities by developing urban greening projects that reduce air pollution and heat reflection in urban areas and create livable, sustainable communities in urban cores to promote infill development and reduce greenhouse gas emissions. +(g) Protecting and enhancing habitat, species strongholds, and wildlife corridors that are critical to the preservation of species that are at risk from the consequences of climate change. +(h) Promoting actions to ensure healthy soils and sustainable agriculture; inform reliable transportation planning; improve emergency management response across sectors; ensure sufficient, reliable, and safe energy; improve capacity to reduce and respond to public health threats; address the impacts of climate change on disadvantaged communities; and protect cultural resources from the impacts of climate change. +SEC. 3. +Section 75125 of the Public Resources Code is amended to read: +75125. +The council shall do all of the following: +(a) Identify and review activities and funding programs of state agencies that may be coordinated to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and the strategies and priorities developed in the state’s climate adaptation strategy known as the Safeguarding California Plan adopted pursuant to Section 71152, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner. At a minimum, the council shall review and comment on the five-year infrastructure plan developed pursuant to Article 2 (commencing with Section 13100) of Chapter 2 of Part 3 of Division 3 of Title 2 of the Government Code and the State Environmental Goals and Policy Report developed pursuant to Section 65041 of the Government Code. +(b) Recommend policies and investment strategies and priorities to the Governor, the Legislature, and to appropriate state agencies to encourage the development of sustainable communities, such as those communities that promote equity, strengthen the economy, protect the environment, and promote public health and safety, consistent with subdivisions (a) and (c) of Section 75065. +(c) Provide, fund, and distribute data and information to local governments and regional agencies that will assist in developing and planning sustainable communities. +(d) Manage and award grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129. To implement this subdivision, the council may do all of the following: +(1) Develop guidelines for awarding financial assistance, including criteria for eligibility and additional consideration. +(2) Develop criteria for determining the amount of financial assistance to be awarded. The council shall award a revolving loan to an applicant for a planning project, unless the council determines that the applicant lacks the fiscal capacity to carry out the project without a grant. The council may establish criteria that would allow the applicant to illustrate an ongoing commitment of financial resources to ensure the completion of the proposed plan or project. +(3) Provide for payments of interest on loans made pursuant to this article. The rate of interest shall not exceed the rate earned by the Pooled Money Investment Board. +(4) Provide for the time period for repaying a loan made pursuant to this article. +(5) Provide for the recovery of funds from an applicant that fails to complete the project for which financial assistance was awarded. The council shall direct the Controller to recover funds by any available means. +(6) Provide technical assistance for application preparation. +(7) Designate a state agency or department to administer technical and financial assistance programs for the disbursing of grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129. +(e) Provide an annual report to the Legislature that shall include, but need not be limited to, all of the following: +(1) A list of applicants for financial assistance. +(2) Identification of which applications were approved. +(3) The amounts awarded for each approved application. +(4) The remaining balance of available funds. +(5) A report on the proposed or ongoing management of each funded project. +(6) Any additional minimum requirements and priorities for a project or plan proposed in a grant or loan application developed and adopted by the council pursuant to subdivision (c) of Section 75126.","Existing law establishes the Natural Resources Agency, comprised of departments, boards, conservancies, and commissions responsible for the restoration, protection, and management of the state’s natural and cultural resources. +Existing law establishes the Strategic Growth Council in state government and assigns to the council certain duties, including providing, funding, and distributing data and information to local governments and regional agencies that will assist in the development and planning of sustainable communities. +This bill would require the agency, by July 1, 2017, and every 3 years thereafter, to update the state’s climate adaptation strategy, as provided. The bill would require the agency, by January 1, 2017, and every 3 years thereafter, to release a draft climate adaptation strategy, as provided. The bill would require state agencies to maximize specified objectives, including, among others, promoting the use of the climate adaptation strategy to inform planning decisions and ensure that state investments consider climate change impacts, as well as promote the use of natural systems and natural infrastructure, as defined, when developing physical infrastructure to address adaptation. +This bill also would expand the duties of the council to include identifying and reviewing the activities and funding programs of all state agencies, instead of only the state agencies that are members of the council, to coordinate specified state objectives, including, among others, meeting the goals of the state’s climate adaptation strategy.","An act to amend Section 75125 of, and to add Part 3.7 (commencing with Section 71150) to Division 34 of, the Public Resources Code, relating to climate change." +839,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) California is home to a large number of military personnel, including 150,000 active duty personnel. +(2) Military families are a unique population with unique circumstances. The children of military families face constant transition, including family mobility and parental deployment. +(3) Military families move more than twice as often as civilian families. Forty percent of officers and 60 percent of enlisted personnel move during the school year. Thus, the lower the rank of the military family member, the more often the family moves. +(4) During a time of war, military families endure the strains of long-term separation as one or both parents may be deployed overseas. +(5) During parental deployment children are often anxious, stressed, and confused. Child care providers and preschools can be places where stability and routine can provide security. The routine helps to cushion the impact of parental deployment. +(6) Early education can be a determining factor in the early academic success of a pupil from a military family by providing educational enrichment, as well as a stable and nurturing learning environment. +(b) Given these special circumstances, it is the intent of the Legislature in enacting this act to ensure that military families have access to the child care development services that their children need. +SEC. 2. +Section 8209.5 is added to the Education Code, to read: +8209.5. +(a) For purposes of determining eligibility for services offered pursuant to this chapter, the income of an individual who is on federal active duty, state active duty, active duty for special work, or Active Guard and Reserve duty in the military shall not include the amount of the basic allowance for housing pursuant to Section 403 of Title 37 of the United States Code provided to the individual that is equal to the lowest rate of the allowance for the military housing area in which the individual resides. +(b) This section does not affect the priorities for federal and state subsidized child development services established pursuant to subdivision (b) of Section 8263. +SECTION 1. +Section 35035.5 is added to the +Education Code +, to read: +35035.5. +(a)The superintendent of a school district shall not transfer or assign a certificated employee with the primary responsibility of being the classroom teacher of record to a schoolsite if the transfer or assignment would result in the reduction of the average effective teacher experience factor at the schoolsite to less than 90 percent of the average effective teaching experience factor in the school district for schools of the same type. +(b)The applicable effective teaching experience factor shall be determined by months, subject to the following conditions: +(1)The maximum number of months that may be counted for a single certificated employee is 60 months. +(2)At the discretion of the governing board of the school district, a certificated instructional employee with the highest rating on a multiple positive-rating level performance scale may be counted for up to 60 months, regardless of his or her length of service in the school district. +(3)Months during an evaluation cycle in which a probationary or permanent certificated instructional employee received a final evaluation rating of unsatisfactory shall not be counted. +(4)Months during which a certificated employee was assigned primarily noninstructional duties shall not be counted. +(c)Notwithstanding any other law, the state board shall waive any part of this section or any regulation adopted by the state board that implements this section upon the request of the governing board of a school district if the governing board of the school district does all of the following: +(1)Demonstrates, to the satisfaction of the state board, that the certificated employee subject to transfer or assignment has the appropriate credential necessary to teach a specific course, grade level, or program of study, there is a critical shortage for certificated employees with such a credential in the local labor market, and the placement would enable the schoolsite to achieve its stated goals on behalf of all pupils, including identified subgroups, as identified for that schoolsite in the school district’s local control and accountability plan adopted pursuant to Section 52060. +(2)Provides written documentation that the exclusive representative of certificated employees has been consulted. +(3)Provides written documentation that the principal of the schoolsite has approved of the proposed transfer or assignment, and is aware of the related staff development, mentoring, and evaluation workload the transfer or assignment would necessitate. +(d)The prohibition in this section applies to the exercise of authority by any administrator or other certificated school employee responsible for certificated employee assignment decisions, notwithstanding subdivision (e) or (f) of Section 35035. +SEC. 2. +Section 37037 is added to the +Education Code +, to read: +37037. +(a)A pupil shall not knowingly be assigned to a classroom where the teacher of record received an unsatisfactory performance rating in the most recent evaluation and assessment of the employee’s job performance unless the employee is actively participating in a California Peer Assistance and Review Program established pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 of Part 25 or all of the following conditions are met: +(1)The teacher of record is receiving the assistance required by subdivision (b) of Section 44664 and is being supported with the assistance and guidance of a certificated employee who possesses a valid certification for the same level and type of credential required for the subject matter and grade level being taught. +(2)The effective teaching experience factor calculated pursuant to Section 35035.5 of the employee providing assistance and guidance is not less than the average effective teaching experience factor in the school district for schools of the same type. +(3)The employee providing assistance and guidance to the teacher of record has not received an unsatisfactory performance rating in the three most recent evaluation cycles. +(b)Any provision of this section may be waived on an individual basis by a vote of the local governing board of the school district if a parent or guardian of a pupil has been notified in writing in the home language of the pupil and the parent or guardian has approved the submission of the waiver request in writing before the proposed assignment. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. +This bill would exclude from income the amount of the basic allowance for housing provided to an individual who is on federal active duty, state active duty, active duty for special work, or Active Guard and Reserve duty in the military that is equal to the lowest rate of the allowance for the military housing area in which the individual resides for purposes of determining eligibility for child care and development services. +Existing law requires the superintendent of each school district to assign employees employed in positions requiring certification qualifications to positions in which they are to serve, subject to the approval of the governing board of the school district, and authorizes the superintendent of each school district to transfer teachers consistent with the adopted school district policy concerning transfer of teachers from one school to another school within the school district. Existing law requires each school district to evaluate and assess certificated employee performance as it reasonably relates to pupil academic progress, the instructional techniques and strategies used by the employee, the employee’s adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment, within the scope of the employee’s responsibilities. +This bill would prohibit the superintendent of a school district from transferring or assigning a certificated employee with the primary responsibility of being the classroom teacher of record to a schoolsite if the transfer or assignment would result in the reduction of the average effective teacher experience factor at the schoolsite to less than 90% of the average effective teaching experience factor in the school district for schools of the same type, as specified. Notwithstanding that provision, the bill would require the State Board of Education to waive the prohibition upon the request of the governing board of a school district if the governing board of the school district meets certain conditions, including, among others, demonstrating, to the satisfaction of the state board, that the certificated employee subject to transfer or assignment has the appropriate credential necessary to teach a specific course, grade level, or program of study, and there is a critical shortage for certificated employees with such a credential in the local labor market. +The bill also would prohibit a pupil from being knowingly assigned to a classroom where the teacher of record received an unsatisfactory performance rating in the most recent evaluation and assessment of the employee’s job performance unless the employee is actively participating in a California Peer Assistance and Review Program or other specified conditions are met. The bill would authorize the governing board of a school district to waive the prohibition on an individual basis, as provided. +To the extent this bill would impose additional duties on school districts, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Sections 35035.5 and 35037 to the Education Code, relating to teachers. +An act to add Section 8209.5 to the Education Code, relating to early childhood education." +840,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 5.9 (commencing with Section 13849) is added to Title 6 of Part 4 of the Penal Code, to read: +CHAPTER 5.9. California High Technology Crimes Task Force +13849. +(a) The California High Technology Crimes Task Force is hereby established. The task force shall do all of the following: +(1) Analyze existing statutes for adequacy in addressing identity theft, Internet crimes, and credit card fraud. If the analysis determines that those statutes are inadequate, the task force shall recommend revisions or new provisions that specifically address identity theft, Internet crimes, and credit card fraud. +(2) Collect and organize data on the nature an extent of identity theft, Internet crimes, and credit card fraud. +(3) Examine collaborative models between governmental and nongovernmental organizations for prevention and prosecution of identity theft, Internet crimes, and credit card fraud. +(4) Measure and evaluate the progress of the state in preventing and prosecuting identity theft, Internet crimes, and credit card fraud, and protecting and providing assistance to victims of those crimes. +(5) Evaluate approaches to increase public awareness of preventing identity theft, Internet crimes, and credit card fraud. +(6) Consult with governmental and nongovernmental organizations in developing recommendations to strengthen state and local efforts to prevent and prosecute identity theft, Internet crimes, and credit card fraud, and to assist victims of those crimes. +(7) Identify available federal, state, and local funding and grant opportunities to prevent and prosecute identity theft, Internet crimes, and credit card fraud, and to assist victims of those crimes. +(b) The task force shall consist of the following members: +(1) A designee of the California District Attorneys Association. +(2) A designee of the California State Sheriffs’ Association. +(3) A designee of the California Police Chiefs Association. +(4) A designee of the Department of the California Highway Patrol. +(5) A designee of the Federal Bureau of Investigation. +(6) A designee of the Attorney General. +(7) A representative of the California cellular telephone industry. +(8) A representative of the California Internet industry. +(9) A representative of the California cable industry. +(10) A representative of the California movie industry. +(11) A representative of the California banking industry. +(c) The task force shall conduct a study to accomplish the objectives of subdivision (a) and shall report the findings of the study to the Legislature, in compliance with Section 9795 of the Government Code, on or before December 31, 2017. +SECTION 1. +Section 7470 of the +Government Code +is amended to read: +7470. +(a)Except as provided in Section 7480, an officer, employee, or agent of a state or local agency or department thereof, in connection with a civil or criminal investigation of a customer, whether or not an investigation is being conducted pursuant to formal judicial or administrative proceedings, shall not request or receive copies of, or the information contained in, the financial records of a customer from a financial institution unless the financial records are described with particularity and are consistent with the scope and requirements of the investigation giving rise to the request and any of the following apply: +(1)The customer has authorized disclosure to such officer, employee or agent of such state or local agency or department thereof in accordance with Section 7473. +(2)The financial records are disclosed in response to an administrative subpoena or summons that meets the requirements of Section 7474. +(3)The financial records are disclosed in response to a search warrant that meets the requirements of Section 7475. +(4)The financial records are disclosed in response to a judicial subpoena or subpoena duces tecum that meets the requirements of Section 7476. +(b)Nothing in this section or in Sections 7473, 7474, 7475, and 7476 shall require a financial institution to inquire or determine that those seeking disclosure have duly complied with the requirements set forth therein, provided only that the customer authorization, administrative subpoena or summons, search warrant, or judicial subpoena or order served on or delivered to a financial institution pursuant to these sections shows compliance on its face. +(c)The financial institution shall maintain for a period of five years a record of all examinations or disclosures of the financial records of a customer pursuant to this chapter, including the identity of the person examining the financial records, the state or local agency or department thereof that he or she represents, and a copy of the customer authorization, subpoena, summons or search warrant providing for the examination or disclosure or a copy of the certification received pursuant to subdivision (b) of Section 7480. A record maintained pursuant to this subdivision shall be available, within five days of request, during normal business hours for review by the customer at the office or branch where the customer’s account was located when examined or disclosed. A copy of the record shall be furnished to the customer upon request and payment of the reasonable cost thereof. +(d)Except as provided in Section 7480, this section is not intended to preclude a state or local law enforcement agency from initiating contact with a financial institution if there is reason to believe that the institution is a victim of a crime. After this contact by a law enforcement agency, if the financial institution believes it is a victim of a crime, it may, in its discretion, disclose relevant financial records pursuant to subdivision (c) of Section 7471.","Existing law establishes various crime task forces, and establishes the High Technology Theft Apprehension and Prosecution Program, which is a program to provide financial and technical assistance to law enforcement and district attorney agencies relative to specified high technology crimes. +This bill would establish the California High Technology Crimes Task Force to, among other tasks, analyze existing statutes for adequacy in addressing identity theft, Internet crimes, and credit card fraud, develop recommendations to prevent and prosecute those crimes, and identify funding sources for those purposes and to assist victims of those crimes. The bill would require the task force to report to the Legislature on those matters on or before December 31, 2017. +Existing law generally prohibits an officer, employee, or agent of a state or local agency, in connection with a civil or criminal investigation, from requesting or receiving copies of, or the information contained in, the financial records of a customer from a financial institution unless the records are described with particularity, consistent with the scope and requirements of the investigation, and other conditions are met. +This bill would make technical, nonsubstantive changes to these provisions.","An act to +amend Section 7470 of the Government Code, relating to governmental investigations. +add Chapter 5.9 (commencing with Section 13849) to Title 6 of Part 4 of the Penal Code, relating to crime." +841,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 33039 of the Education Code is amended to read: +33039. +The +State Board of Education +state board +shall develop guidelines +which +that +school districts may use in the development of teacher evaluation procedures pursuant to Article 11 (commencing with Section 44660) of Chapter 1 of Part 25 of Division 3 of this title, and shall distribute +such +the +guidelines to every school district. +The development of these guidelines shall comply with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). +SEC. 2. +Article 14 (commencing with Section 44672) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, to read: +Article 14. Common Evaluation System Provisions +44672. +If applicable, multiple measures of pupil progress, pupil academic growth, pupil achievement, and pupil outcomes as used in this chapter for purposes of evaluating and assessing certificated employee performance may include, but shall not be limited to, any of the following sources: +(a) State-adopted formative and summative criterion referenced assessments. +(b) School district, school, or department-developed assessments. +(c) Curriculum-based and end-of-course assessments. +(d) Pretest and posttest data. +(e) Interim, periodic, benchmark, and formative assessments. +(f) English language proficiency assessments. +(g) Assessments measuring progress in an individualized education program. +(h) Advance placement, international baccalaureate, and college preparedness examinations. +(i) A-G coursework completion. +(j) Industry-recognized career technical education assessments and program completion. +(k) Portfolios of pupils’ work, projects, and performances redacted of personally identifiable pupil information. +(l) Surveys from parents, if approved in advance by the certificated employee. +(m) Surveys from pupils, if approved in advance by the certificated employee. +(n) Written reports from classroom observations. +(o) Progress on outcomes described in the local control and accountability plan pursuant to paragraphs (4) and (8) of subdivision (d) of Section 52060. +44673. +(a) The employing authority shall use a minimum of three rating levels of professional achievement for evaluation and assessment of certificated employees pursuant to this chapter. +(b) At least two rating levels shall identify certificated employees who meet either of the following: +(1) Require more development and growth to achieve a rating of satisfactory or meeting standards, and who are required to participate and receive appropriate additional support, training, and assistance. +(2) Demonstrate unsatisfactory performance or conduct, unsuccessfully participated in mandatory corrective action, refused to participate in required additional support and training, or are subject to mandatory reassignment, suspension, or adverse action resulting from charges pursuant to Article 3 (commencing with Section 44930) of Chapter 4. This rating level shall be applicable to paragraph (5) of subdivision (a) of Section 44932. +44674. +(a) If a school district participates in the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500), a certificated employee who receives a rating in either of the levels described by subdivision (b) of Section 44673 on an evaluation performed pursuant to Section 44664 shall participate in the California Peer Assistance and Review Program for Teachers. +(b) Notwithstanding any other law, in endeavoring to assist the employee as mandated by Article 11 (commencing with Section 44660) and Article 13 (commencing with Section 44670), the school district shall, at a minimum, consider the employee’s eligibility for professional development identified in the school district and applicable school’s local control and accountability plan, and prioritize the employee’s eligibility for any professional development supported by one-time or ongoing funds appropriated by the Legislature in the annual Budget Act, including professional development in the state academic content standards adopted by the state board, and training on services to English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SECTION 1. +Section 44662 of the +Education Code +is amended to read: +44662. +(a)The governing board of a school district shall establish standards of expected pupil achievement at each grade level in each area of study. +(b)The governing board of a school district shall evaluate and assess certificated employee performance as it reasonably relates to: +(1)The progress of pupils toward the standards established pursuant to subdivision (a) and, if applicable, pupil achievement and pupil outcomes described in the local control and accountability plan pursuant to paragraphs (4) and (8) of subdivision (d) of Section 52060, and the state adopted academic content standards as measured by state adopted criterion referenced assessments. +(2)The instructional techniques and strategies used by the employee. +(3)The employee’s adherence to curricular objectives. +(4)The establishment and maintenance of a suitable learning environment, within the scope of the employee’s responsibilities. +(c)The governing board of a school district shall establish and define job responsibilities for certificated noninstructional personnel, including, but not limited to, supervisory and administrative personnel, whose responsibilities cannot be evaluated appropriately under the provisions of subdivision (b) and shall evaluate and assess the performance of those noninstructional certificated employees as it reasonably relates to the fulfillment of those responsibilities. +(d)Results of an employee’s participation in the California Peer Assistance and Review Program for Teachers established by Article 4.5 (commencing with Section 44500) shall be made available as part of the evaluation conducted pursuant to this section. +(e)The evaluation and assessment of certificated employee performance pursuant to this section shall not include the use of publishers’ norms established by standardized tests. +(f)Nothing in this section shall be construed as in any way limiting the authority of the governing board of a school district to develop and adopt additional evaluation and assessment guidelines or criteria. +(g)For purposes of paragraph (1) of subdivision (b), evidence of actual pupil progress may include, but shall not be limited to, written reports from classroom observations and data from any or all of the following: +(1)State-adopted criterion referenced assessments. +(2)District, school, or department-developed assessments. +(3)Curriculum-based and end-of-course assessments. +(4)Pretest and posttest data. +(5)Interim, periodic, benchmark, and formative assessments. +(6)English language proficiency assessments. +(7)Assessments measuring progress in an individualized education program. +(8)Advance placement, international baccalaureate and college preparedness examinations. +(9)A-G coursework completion. +(10)Industry-recognized career technical education assessments and program completion. +(11)Portfolios of pupils’ work and projects and of live and recorded pupil performances. +(12)Surveys from parents. +SEC. 2. +Section 44663 of the +Education Code +is amended to read: +44663. +(a)The employing authority shall utilize a minimum of three rating levels of professional achievement for evaluation and assessment of certificated employees pursuant to this article. +(b)At least two rating levels shall identify certificated employees who meet either of the following: +(1)Require more development and growth to achieve a rating of satisfactory or meeting standards, and who are to participate and receive appropriate additional support, training, and assistance pursuant to Section 44664. +(2)Demonstrate unsatisfactory performance or conduct, unsuccessfully participated in mandatory corrective action, refused to participate in required additional support and training pursuant to Section 44664, or are subject to mandatory reassignment, suspension, or adverse action resulting from charges pursuant to Article 3 (commencing with Section 44930) of Chapter 4. +(c)The evaluation and assessment made pursuant to this article shall be reduced to writing and a copy of the evaluation and assessment shall be transmitted to the certificated employee not later than 30 days before the last schoolday scheduled on the school calendar adopted by the governing board for the school year in which the evaluation takes place. The certificated employee shall have the right to initiate a written reaction or response to the evaluation. This response shall become a permanent attachment to the employee’s personnel file. Before the last schoolday scheduled on the school calendar adopted by the governing board for the school year, a meeting shall be held between the certificated employee and the evaluator to discuss the evaluation. +(d)In the case of a certificated noninstructional employee, who is employed on a 12-month basis, the evaluation and assessment made pursuant to this article shall be reduced to writing and a copy of the evaluation and assessment shall be transmitted to the certificated employee no later than June 30 of the year in which the evaluation and assessment is made. A certificated noninstructional employee, who is employed on a 12-month basis shall have the right to initiate a written reaction or response to the evaluation. This response shall become a permanent attachment to the employee’s personnel file. Before July 30 of the year in which the evaluation and assessment takes place, a meeting shall be held between the certificated employee and the evaluator to discuss the evaluation and assessment. +SEC. 3. +Section 44664 of the +Education Code +is amended to read: +44664. +(a)Evaluation and assessment of the performance of each certificated employee shall be made on a continuing basis as follows: +(1)At least once each school year for probationary personnel. +(2)At least every other year for personnel with permanent status. +(3)At least every five years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, if those personnel occupy positions that are required to be filled by a highly qualified professional by the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), as defined in Section 7801 of Title 20 of the United States Code, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree. The certificated employee or the evaluator may withdraw consent at any time. +(b)The evaluation shall include recommendations, if necessary, as to areas of improvement in the performance of the employee. If an employee is not performing his or her duties in a satisfactory manner according to the standards prescribed by the governing board, the employing authority shall notify the employee in writing of that fact and describe the unsatisfactory performance. The employing authority shall thereafter confer with the employee making specific recommendations as to areas of improvement in the employee’s performance and endeavor to assist the employee in his or her performance. If a permanent certificated employee has received an evaluation rating in either of the levels described in subdivision (b) of Section 44663, the employing authority shall annually evaluate the employee until the employee achieves a positive evaluation or is separated from the district. +(c)An evaluation performed pursuant to this article that contains a rating of an employee’s performance described in subdivision (b) of Section 44663 in the area of teaching methods, instruction, or progress of pupils towards standards of expected pupil achievement, may include the requirement that the certificated employee shall, as determined necessary by the employing authority, participate in a program designed to improve appropriate areas of the employee’s performance and to further pupil achievement and the instructional objectives of the employing authority. +(d)If a district participates in the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500), any certificated employee who receives a rating in either of the levels described by subdivision (b) of Section 44663 on an evaluation performed pursuant to this section shall participate in the California Peer Assistance and Review Program for Teachers. +(e)Notwithstanding any other law, in endeavoring to assist the employee pursuant to subdivision (b), the district shall, at a minimum, prioritize the employee’s eligibility for professional development identified in the district and applicable school’s local control and accountability plan, and any professional development supported by one time or ongoing funds appropriated by the Legislature in the annual Budget Act, including professional development in the state academic content standards adopted by the state board, and training on services to English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4. +(f)Hourly and temporary hourly certificated employees, other than those employed in adult education classes who are excluded by the provisions of Section 44660, and substitute teachers may be excluded from this section at the discretion of the governing board. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the State Board of Education to develop guidelines that school districts may use in the development of certain teach evaluation procedures and to distribute those guidelines to every school district. +This bill would require the development of those guidelines to comply with the Administrative Procedure Act. +Existing law states the intent of the Legislature that governing boards of school districts establish a uniform system of evaluation and assessment of the performance of all certificated personnel within each school district of the state. Existing law requires the governing board of each school district to establish standards of expected pupil achievement at each grade level in each area of study and to evaluate and assess certificated employee performance on a continuing basis as it reasonably relates to specified matters, including pupil progress, as provided. Existing law authorizes the governing board of a school district to develop and adopt additional evaluation and assessment guidelines or criteria. +This bill would +also require the governing board of each school district to evaluate and assess certificated employee performance as it reasonably relates to pupil achievement and pupil outcomes, if applicable, as provided. The bill would provide that evidence of actual pupil progress may include written reports from classroom observations and data from various sources, including state-adopted criterion referenced assessments. +provide, if applicable, multiple measures of pupil progress, pupil academic growth, pupil achievement, and pupil outcomes as used for certain purposes of evaluating and assessing certificated employee performance may include specified sources. +The bill would require an employing authority to +utilize +use +a minimum of 3 rating levels of professional achievement for evaluation and assessment of certificated employees, as provided. +By imposing additional duties on school districts, this bill would impose a state-mandated local program. +Existing law requires an evaluation to include recommendations, if necessary, as to areas of improvement in the performance of the employee. Existing law +requires or +authorizes +certain things relating to the evaluation +these evaluations to include a requirement that the employee participate in a specified program +if a permanent certificated employee receives an unsatisfactory evaluation. +This bill would instead +require or authorize these things relating to the evaluation +require an employee, +if +the +that +employee receives one of the +specified +rating levels of professional achievement for evaluation and +assessment. +assessment, to participate in the California Peer Assistance and Review Program for Teachers if the school district participates in that program. +The bill would require, in order to endeavor to +assess +assist +the employee in areas of improvement, the school district to, at minimum, +consider the employee’s eligibility for professional development identified in the school district and applicable school’s local control and accountability plan, and +prioritize the employee’s eligibility for professional development, as provided. By expanding the duties of a school district, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend +Sections 44662, 44663, and 44664 of +Section 33039 of, and to add Article 14 (commencing with Section 44672) to Chapter 3 of Part 25 of Division 3 of Title 2 of, +the Education Code, relating to teachers." +842,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4001 of the Elections Code is amended to read: +4001. +(a) Notwithstanding Section 4000 or any other law, as a pilot program, elections in San Mateo County, Yolo County, Sacramento County, and Monterey County may be conducted wholly by mail if all of the following conditions are satisfied: +(1) The governing body of the city, county, or district, by resolution, authorizes the all-mailed ballot election and notifies the Secretary of State of its intent to conduct an all-mailed ballot election at least 88 days before the date of the election. +(2) The election does not occur on the same date as a statewide primary or general election or any other election conducted in an overlapping jurisdiction that is not consolidated and conducted wholly by mail pursuant to this section. +(3) The election is not a special election to fill a vacancy in a state office, the Legislature, or Congress. +(4) (A) At least one ballot drop-off location is provided per city or the ballot drop-off locations are fixed in a manner so that the number of residents for each ballot drop-off location does not exceed 100,000 on the 88th day before the day of election, whichever results in more drop-off locations. A ballot drop-off location shall be open during business hours to receive voted ballots beginning 28 days before the date of the election and until 8 p.m. on the day of the election. +(B) (i) For San Mateo County and Yolo County, at least one polling place is provided per city. +(ii) For Monterey County and Sacramento County, at least one polling place is provided for every 50,000 registered voters, with a minimum of one polling place per city, in a manner so that the number of registered voters for each polling place does not exceed 50,000 on the 88th day before the day of election, whichever results in more polling places. +(iii) A polling place provided pursuant to this subparagraph shall allow voters to request a ballot between 7 a.m. and 8 p.m. on the day of the election if they have not received their ballots in the mail or if they need replacement ballots for any other reason. +(C) Upon the request of the city, county, or district, the elections official, at his or her discretion, may provide additional ballot drop-off locations and polling places. +(5) The elections official delivers to each voter all supplies necessary for the use and return of the mail ballot, including an envelope for the return of the voted mail ballot with postage prepaid. +(6) The elections official delivers to each voter, with either the sample ballot sent pursuant to Section 13303 or with the voter’s ballot, a list of the ballot drop-off locations and polling places provided pursuant to paragraph (4), and also posts that list on the Internet Web site of the county elections office. +(7) The return of voted mail ballots is subject to Section 3017. +(8) (A) The polling places provided under this section are at an accessible location and are equipped with voting units or systems that are accessible to individuals with disabilities and that provide the same opportunity for access and participation, including the ability to vote privately and independently. +(B) A ballot drop-off location provided for under this section shall consist of a locked ballot box located in a secure public building that meets the accessibility requirements for a polling place. +(9) Elections in the county conducted pursuant to this section may be held on no more than three different dates. +(b) (1) If the county conducts an all-mailed ballot election pursuant to this section, on or before December 31, 2017, the county shall report to the Legislature and to the Secretary of State regarding the success of the election, including, but not limited to, any statistics on the cost to conduct the election; the turnout of different populations, including, but not limited to, to the extent possible, the population categories of race, ethnicity, age, gender, disability, permanent vote by mail status, and political party affiliation; the number of ballots not counted and the reasons they were rejected; voter fraud; and, any other problems that become known to the county during the election or canvass. +(2) Whenever possible, using the criteria set forth in paragraph (1), the report of the county shall compare the success of the all-mailed ballot election to similar elections not conducted wholly by mail in the same jurisdiction or comparable jurisdictions. +(3) The report of the county shall be submitted to the Legislature pursuant to Section 9795 of the Government Code within six months after the date of the all-mailed ballot election or before the date of any other all-mailed ballot election subject to this section to be conducted in the county, whichever is sooner. +(c) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.","Until December 31, 2017, existing law, as a pilot program, authorizes elections in San Mateo County and Yolo County, other than statewide primary or general elections, or special elections to fill a vacancy in a state office, the Legislature, or Congress, to be conducted wholly by mail if specified conditions are satisfied. If San Mateo County or Yolo County conducts an all-mailed ballot election, existing law requires the county to report to the Legislature and the Secretary of State, as specified. +This bill would extend this pilot program until January 1, 2018. This bill would also authorize Monterey and Sacramento Counties to conduct all-mailed ballot elections as part of this program, subject to a requirement to provide additional polling places. The bill would also make technical, nonsubstantive changes.","An act to amend Section 4001 of the Elections Code, relating to elections." +843,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2699 of the Labor Code is amended to read: +2699. +(a) Notwithstanding any other provision of law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and other current or former employees pursuant to the procedures specified in Section 2699.3. +(b) For purposes of this part, “person” has the same meaning as defined in Section 18. +(c) For purposes of this part, “aggrieved employee” means any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. +(d) For purposes of this part, “cure” means that the employer abates each violation alleged by any aggrieved employee, the employer is in compliance with the underlying statutes as specified in the notice required by this part, and any aggrieved employee is made whole. A violation of paragraph (6) or (8) of subdivision (a) of Section 226 shall only be considered cured upon a showing that the employer has provided a fully compliant, itemized wage statement to each aggrieved employee for each pay period for the three-year period prior to the date of the written notice sent pursuant to paragraph (1) of subdivision (c) of Section 2699.3. +(e) (1) For purposes of this part, whenever the Labor and Workforce Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, has discretion to assess a civil penalty, a court is authorized to exercise the same discretion, subject to the same limitations and conditions, to assess a civil penalty. +(2) In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), a court may award a lesser amount than the maximum civil penalty amount specified by this part if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory. +(f) For all provisions of this code except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation of these provisions, as follows: +(1) If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is five hundred dollars ($500). +(2) If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per pay period for the initial violation and two hundred dollars ($200) for each aggrieved employee per pay period for each subsequent violation. +(3) If the alleged violation is a failure to act by the Labor and Workplace Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, there shall be no civil penalty. +(g) (1) Except as provided in paragraph (2), an aggrieved employee may recover the civil penalty described in subdivision (f) in a civil action pursuant to the procedures specified in Section 2699.3 filed on behalf of himself or herself and other current or former employees against whom one or more of the alleged violations was committed. Any employee who prevails in any action shall be entitled to an award of reasonable attorney’s fees and costs. Nothing in this part shall operate to limit an employee’s right to pursue or recover other remedies available under state or federal law, either separately or concurrently with an action taken under this part. +(2) No action shall be brought under this part for any violation of a posting, notice, agency reporting, or filing requirement of this code, except where the filing or reporting requirement involves mandatory payroll or workplace injury reporting. +(h) No action may be brought under this section by an aggrieved employee if the agency or any of its departments, divisions, commissions, boards, agencies, or employees, on the same facts and theories, cites a person within the timeframes set forth in Section 2699.3 for a violation of the same section or sections of the Labor Code under which the aggrieved employee is attempting to recover a civil penalty on behalf of himself or herself or others or initiates a proceeding pursuant to Section 98.3. +(i) Except as provided in subdivision (j), civil penalties recovered by aggrieved employees shall be distributed as follows: 75 percent to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes; and 25 percent to the aggrieved employees. +(j) Civil penalties recovered under paragraph (1) of subdivision (f) shall be distributed to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes. +(k) Nothing contained in this part is intended to alter or otherwise affect the exclusive remedy provided by the workers’ compensation provisions of this code for liability against an employer for the compensation for any injury to or death of an employee arising out of and in the course of employment. +(l) The superior court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part. +(m) This section shall not apply to the recovery of administrative and civil penalties in connection with the workers’ compensation law as contained in Division 1 (commencing with Section 50) and Division 4 (commencing with Section 3200), including, but not limited to, Sections 129.5 and 132a. +(n) The agency or any of its departments, divisions, commissions, boards, or agencies may promulgate regulations to implement the provisions of this part. +SEC. 2. +Section 2699.3 of the Labor Code is amended to read: +2699.3. +(a) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision listed in Section 2699.5 shall commence only after the following requirements have been met: +(1) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. +(2) (A) The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 30 calendar days of the postmark date of the notice received pursuant to paragraph (1). Upon receipt of that notice or if no notice is provided within 33 calendar days of the postmark date of the notice given pursuant to paragraph (1), the aggrieved employee may commence a civil action pursuant to Section 2699. +(B) If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 33 calendar days of the postmark date of the notice received pursuant to paragraph (1). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee of that decision within five business days thereof by certified mail. Upon receipt of that notice or if no citation is issued by the agency within the 158-day period prescribed by subparagraph (A) and this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699. +(C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part. +(b) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall commence only after the following requirements have been met: +(1) The aggrieved employee or representative shall give notice by certified mail to the Division of Occupational Safety and Health and the employer, with a copy to the Labor and Workforce Development Agency, of the specific provisions of Division 5 (commencing with Section 6300) alleged to have been violated, including the facts and theories to support the alleged violation. +(2) (A) The division shall inspect or investigate the alleged violation pursuant to the procedures specified in Division 5 (commencing with Section 6300). +(i) If the division issues a citation, the employee may not commence an action pursuant to Section 2699. The division shall notify the aggrieved employee and employer in writing within 14 calendar days of certifying that the employer has corrected the violation. +(ii) If by the end of the period for inspection or investigation provided for in Section 6317, the division fails to issue a citation and the aggrieved employee disputes that decision, the employee may challenge that decision in the superior court. In such an action, the superior court shall follow precedents of the Occupational Safety and Health Appeals Board. If the court finds that the division should have issued a citation and orders the division to issue a citation, then the aggrieved employee may not commence a civil action pursuant to Section 2699. +(iii) A complaint in superior court alleging a violation of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall include therewith a copy of the notice of violation provided to the division and employer pursuant to paragraph (1). +(iv) The superior court shall not dismiss the action for nonmaterial differences in facts or theories between those contained in the notice of violation provided to the division and employer pursuant to paragraph (1) and the complaint filed with the court. +(B) If the division fails to inspect or investigate the alleged violation as provided by Section 6309, the provisions of subdivision (c) shall apply to the determination of the alleged violation. +(3) (A) Nothing in this subdivision shall be construed to alter the authority of the division to permit long-term abatement periods or to enter into memoranda of understanding or joint agreements with employers in the case of long-term abatement issues. +(B) Nothing in this subdivision shall be construed to authorize an employee to file a notice or to commence a civil action pursuant to Section 2699 during the period that an employer has voluntarily entered into consultation with the division to ameliorate a condition in that particular worksite. +(C) An employer who has been provided notice pursuant to this section may not then enter into consultation with the division in order to avoid an action under this section. +(4) The superior court shall review and approve any proposed settlement of alleged violations of the provisions of Division 5 (commencing with Section 6300) to ensure that the settlement provisions are at least as effective as the protections or remedies provided by state and federal law or regulation for the alleged violation. The provisions of the settlement relating to health and safety laws shall be submitted to the division at the same time that they are submitted to the court. This requirement shall be construed to authorize and permit the division to comment on those settlement provisions, and the court shall grant the division’s commentary the appropriate weight. +(c) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision other than those listed in Section 2699.5 or Division 5 (commencing with Section 6300) shall commence only after the following requirements have been met: +(1) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. +(2) (A) The employer may cure the alleged violation within 33 calendar days of the postmark date of the notice. The employer shall give written notice by certified mail within that period of time to the aggrieved employee or representative and the agency if the alleged violation is cured, including a description of actions taken, and no civil action pursuant to Section 2699 may commence. If the alleged violation is not cured within the 33-day period, the employee may commence a civil action pursuant to Section 2699. +(B) (i) Subject to the limitation in clause (ii), no employer may avail himself or herself of the notice and cure provisions of this subdivision more than three times in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite. +(ii) No employer may avail himself or herself of the notice and cure provisions of this subdivision with respect to alleged violations of paragraph (6) or (8) of subdivision (a) of Section 226 more than once in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite. +(3) If the aggrieved employee disputes that the alleged violation has been cured, the aggrieved employee or representative shall provide written notice by certified mail, including specified grounds to support that dispute, to the employer and the agency. Within 17 calendar days of the postmark date of that notice, the agency shall review the actions taken by the employer to cure the alleged violation, and provide written notice of its decision by certified mail to the aggrieved employee and the employer. The agency may grant the employer three additional business days to cure the alleged violation. If the agency determines that the alleged violation has not been cured or if the agency fails to provide timely or any notification, the employee may proceed with the civil action pursuant to Section 2699. If the agency determines that the alleged violation has been cured, but the employee still disagrees, the employee may appeal that determination to the superior court. +(d) The periods specified in this section are not counted as part of the time limited for the commencement of the civil action to recover penalties under this part. +SEC. 3. +Section 2699.5 of the Labor Code is amended to read: +2699.5. +The provisions of subdivision (a) of Section 2699.3 apply to any alleged violation of the following provisions: subdivision (k) of Section 96, Sections 98.6, 201, 201.3, 201.5, 201.7, 202, 203, 203.1, 203.5, 204, 204a, 204b, 204.1, 204.2, 205, 205.5, 206, 206.5, 208, 209, and 212, subdivision (d) of Section 213, Sections 221, 222, 222.5, 223, and 224, paragraphs (1) to (5), inclusive, (7), and (9) of subdivision (a) of Section 226, Sections 226.7, 227, 227.3, 230, 230.1, 230.2, 230.3, 230.4, 230.7, 230.8, and 231, subdivision (c) of Section 232, subdivision (c) of Section 232.5, Sections 233, 234, 351, 353, and 403, subdivision (b) of Section 404, Sections 432.2, 432.5, 432.7, 435, 450, 510, 511, 512, 513, 551, 552, 601, 602, 603, 604, 750, 751.8, 800, 850, 851, 851.5, 852, 921, 922, 923, 970, 973, 976, 1021, 1021.5, 1025, 1026, 1101, 1102, 1102.5, and 1153, subdivisions (c) and (d) of Section 1174, Sections 1194, 1197, 1197.1, 1197.5, and 1198, subdivision (b) of Section 1198.3, Sections 1199, 1199.5, 1290, 1292, 1293, 1293.1, 1294, 1294.1, 1294.5, 1296, 1297, 1298, 1301, 1308, 1308.1, 1308.7, 1309, 1309.5, 1391, 1391.1, 1391.2, 1392, 1683, and 1695, subdivision (a) of Section 1695.5, Sections 1695.55, 1695.6, 1695.7, 1695.8, 1695.9, 1696, 1696.5, 1696.6, 1697.1, 1700.25, 1700.26, 1700.31, 1700.32, 1700.40, and 1700.47, Sections 1735, 1771, 1774, 1776, 1777.5, 1811, 1815, 2651, and 2673, subdivision (a) of Section 2673.1, Sections 2695.2, 2800, 2801, 2802, 2806, and 2810, subdivision (b) of Section 2929, and Sections 3095, 6310, 6311, and 6399.7. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to incentivize prompt resolution of disputes over itemized wage statements under Part 13 (commencing with Section 2698) of Division 2 of the Labor Code arising from certain specified claims under Section 226 of the Labor Code, it is necessary that this act take effect immediately.","The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties, that would otherwise be assessed and collected by the Labor and Workforce Development Agency, on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act provides the employer with the right to cure certain violations before the employee may bring a civil action, as specified. For other violations, the act requires the employee to follow specified procedures before bringing an action. +Existing law requires an employer to provide its employees with specified information regarding their wages, including, among others, the inclusive dates of the period for which the employee is paid and the name and address of the legal entity that is the employer, either semimonthly or at the time of each wage payment and provides that the employer does not have the right to cure a violation of that requirement before an employee may bring a civil action under the act. +This bill would provide an employer with the right to cure a violation of the requirement that an employer provide its employees with the inclusive dates of the pay period and the name and address of the legal entity that is the employer before an employee may bring a civil action under the act. The bill would provide that a violation of that requirement shall only be considered cured upon a showing that the employer has provided a fully compliant, itemized wage statement to each aggrieved employee, as specified. The bill would limit the employer’s right to cure with respect to alleged violations of these provisions to once in a 12-month period, as specified. The bill would also delete references to obsolete provisions of law. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 2699, 2699.3, and 2699.5 of the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately." +844,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14211 of the Unemployment Insurance Code is amended to read: +14211. +(a) (1) Beginning program year 2012, an amount equal to at least 25 percent of funds available under Title I of the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128) provided to local workforce investment boards for adults and dislocated workers shall be spent on workforce training programs. This minimum may be met either by spending 25 percent of those base formula funds on training or by combining a portion of those base formula funds with leveraged funds as specified in subdivision (b). +(2) Beginning program year 2016, an amount equal to at least 30 percent of funds available under Title I of the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128) provided to local workforce development boards for adults and dislocated workers shall be spent on workforce training programs. This minimum may be met either by spending 30 percent of those base formula funds on training or by combining a portion of those base formula funds with leveraged funds as specified in subdivision (b). +(3) Except as provided in subdivision (b), expenditures that shall count toward the minimum percentage of funds shall include only training services as defined in Section 3174(c)(3)(D) of Title 29 of the United States Code and the corresponding sections of the Code of Federal Regulations, including all of the following: +(A) Occupational skills training, including training for nontraditional employment. +(B) On-the-job training. +(C) Programs that combine workplace training with related instruction, which may include cooperative education programs. +(D) Training programs operated by the private sector. +(E) +Skill +Skills +upgrading and retraining. +(F) Entrepreneurial training. +(G) Incumbent worker training in accordance with Section 3174(d)(4) of Title 29 of the United States Code. +(H) Transitional jobs in accordance with Section 3174(d)(5) of Title 29 of the United States Code. +(I) Job readiness training provided in combination with any of the services described in subparagraphs (A) to (H), inclusive. +(J) Adult education and literacy activities provided in combination with services described in any of subparagraphs (A) to (G), inclusive. +(K) Customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training. +(b) (1) Local workforce development boards may receive a credit of up to 10 percent of their adult and dislocated worker formula fund base allocations for public education and training funds and private resources from industry and from joint labor-management trusts that are leveraged by a local workforce development board for training services described in paragraph (3) of subdivision (a). This credit may be applied toward the minimum training requirements in paragraphs (1) and (2) of subdivision (a). +(A) Leveraged funds that may be applied toward the credit allowed by this subdivision shall include the following: +(i) Federal Pell Grants established under Title IV of the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1070 et seq.). +(ii) Programs authorized by the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128). +(iii) Trade adjustment assistance. +(iv) Department of Labor National Emergency Grants. +(v) Match funds from employers, industry, and industry associations. +(vi) Match funds from joint labor-management trusts. +(vii) Employment training panel grants. +(viii) Supportive services as defined by the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128) and the corresponding sections of the Code of Federal Regulations, but only for those individuals enrolled in training services, as defined in Section 3174(c)(3)(D) of Title 29 of the United States Code and the corresponding sections of the Code of Federal Regulations. +(ix) Temporary Assistance for Needy Families (TANF) funds spent on supportive services, as defined by the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128) and the corresponding sections of the Code of Federal Regulations, for TANF enrolled individuals coenrolled in and receiving training services through the federal Workforce Innovation and Opportunity Act of 2014. +(x) Temporary Assistance for Needy Families (TANF) funds spent on transitional and subsidized employment for TANF enrolled individuals coenrolled in and receiving training services through the federal Workforce Innovation and Opportunity Act of 2014. +(xi) Any other local, state, or federal funds spent on training or supportive services for individuals enrolled in training provided the individuals receiving the training are enrolled in the federal Workforce Innovation and Opportunity Act of 2014 for performance reporting and tracking purposes. +(xii) With the approval of the state board, any other public or private funds source not identified in this subparagraph that is used to provide training or supportive services for individuals who are also enrolled in training provided the individuals receiving the relevant services are enrolled in the federal Workforce Innovation and Opportunity Act of 2014 for performance reporting and tracking purposes. +(B) Credit for leveraged funds shall only be given if the local workforce development board keeps records of all training and supportive services expenditures it chooses to apply to the credit. Training and supportive services expenditures may only be applied to the credit if the relevant costs can be independently verified by the Employment Development Department and, without exception, training participants must be coenrolled in the federal Workforce Innovation and Opportunity Act of 2014 performance monitoring system. +(2) The use of leveraged funds to partially meet the training requirements specified in paragraphs (1) and (2) of subdivision (a) is the prerogative of a local workforce development board. Costs arising from the recordkeeping required to demonstrate compliance with the leveraging requirements of this subdivision are the responsibility of the local board. +(c) Beginning program year 2012, the Employment Development Department shall calculate for each local workforce development board, within six months after the end of the second program year of the two-year period of availability for expenditure of federal Workforce Innovation and Opportunity Act of 2014 funds, whether the local workforce development board met the requirements of subdivision (a). The Employment Development Department shall provide to each local workforce development board its individual calculations with respect to the expenditure requirements of subdivision (a). +(d) A local workforce development area that does not meet the requirements of subdivision (a) shall submit a corrective action plan to the Employment Development Department that provides reasons for not meeting the requirements and describes actions taken to address the identified expenditure deficiencies. A local workforce development area shall provide a corrective action plan to the Employment Development Department pursuant to this section within 90 days of receiving the calculations described in subdivision (c). +(e) For the purpose of this section, “program year” has the same meaning as provided in Section 667.100 of Title 20 of the Code of Federal Regulations. +SEC. 2. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +Making these changes to the training mandate immediately ensures that they are enacted before the local workforce development boards are required to submit their local and regional plans, due March 2017. Timely submission of these plans is critical to the provision of services that provide access to job, skill development, and business services vital to the social and economic well-being of communities in the state.","The federal Workforce Innovation and Opportunity Act of 2014 provides for workforce investment activities, including activities in which states may participate. Existing law contains various programs for job training and employment investment, including work incentive programs, as specified, and establishes local workforce investment boards to perform duties related to the implementation and coordination of local workforce investment activities. Existing law requires local workforce investment boards to spend a minimum percentage of specified funds for adults and dislocated workers on federally identified workforce training programs and allows the boards to leverage specified funds to meet the funding requirements, as specified. Existing law authorizes a credit of up to 10% of that funding minimum for leveraged funds, which include Pell Grants and employment training panel grants. +This bill would expand the types of services to which leveraged funds may be applied to include supportive services and would expand the types of leveraged funds that may be applied to the 10% credit, described above, to include specified federal, local, state, and private funds. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 14211 of the Unemployment Insurance Code, relating to workforce +development. +development, and declaring the urgency thereof, to take effect immediately." +845,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 98.6 of the Labor Code is amended to read: +98.6. +(a) A person shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against any employee or applicant for employment because the employee or applicant engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the employee or applicant for employment has filed a bona fide complaint or claim or instituted or caused to be instituted any proceeding under or relating to his or her rights that are under the jurisdiction of the Labor Commissioner, made a written or oral complaint that he or she is owed unpaid wages, or because the employee has initiated any action or notice pursuant to Section 2699, or has testified or is about to testify in a proceeding pursuant to that section, or because of the exercise by the employee or applicant for employment on behalf of himself, herself, or others of any rights afforded him or her. +(b) (1) Any employee who is discharged, threatened with discharge, demoted, suspended, retaliated against, subjected to an adverse action, or in any other manner discriminated against in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the employee has made a bona fide complaint or claim to the division pursuant to this part, or because the employee has initiated any action or notice pursuant to Section 2699 shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by those acts of the employer. +(2) An employer who willfully refuses to hire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor. +(3) In addition to other remedies available, an employer who violates this section is liable for a civil penalty not exceeding ten thousand dollars ($10,000) per employee for each violation of this section, to be awarded to the employee or employees who suffered the violation. +(c) (1) Any applicant for employment who is refused employment, who is not selected for a training program leading to employment, or who in any other manner is discriminated against in the terms and conditions of any offer of employment because the applicant engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the applicant has made a bona fide complaint or claim to the division pursuant to this part, or because the employee has initiated any action or notice pursuant to Section 2699 shall be entitled to employment and reimbursement for lost wages and work benefits caused by the acts of the prospective employer. +(2) This subdivision shall not be construed to invalidate any collective bargaining agreement that requires an applicant for a position that is subject to the collective bargaining agreement to sign a contract that protects either or both of the following as specified in subparagraphs (A) and (B), nor shall this subdivision be construed to invalidate any employer requirement of an applicant for a position that is not subject to a collective bargaining agreement to sign an employment contract that protects either or both of the following: +(A) An employer against any conduct that is actually in direct conflict with the essential enterprise-related interests of the employer and where breach of that contract would actually constitute a material and substantial disruption of the employer’s operation. +(B) A firefighter against any disease that is presumed to arise in the course and scope of employment, by limiting his or her consumption of tobacco products on and off the job. +(d) The provisions of this section creating new actions or remedies that are effective on January 1, 2002, to employees or applicants for employment do not apply to any state or local law enforcement agency, any religious association or corporation specified in subdivision (d) of Section 12926 of the Government Code, except as provided in Section 12926.2 of the Government Code, or any person described in Section 1070 of the Evidence Code. +(e) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any conduct delineated in this chapter. +(f) For purposes of this section, “employer” or “a person acting on behalf of the employer” includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400. +(g) Subdivisions (e) and (f) shall not apply to claims arising under subdivision (k) of Section 96 unless the lawful conduct occurring during nonwork hours away from the employer’s premises involves the exercise of employee rights otherwise covered under subdivision (a). +SEC. 2. +Section 1102.5 of the Labor Code is amended to read: +1102.5. +(a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties. +(b) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties. +(c) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation. +(d) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for having exercised his or her rights under subdivision (a), (b), or (c) in any former employment. +(e) A report made by an employee of a government agency to his or her employer is a disclosure of information to a government or law enforcement agency pursuant to subdivisions (a) and (b). +(f) In addition to other penalties, an employer that is a corporation or limited liability company is liable for a civil penalty not exceeding ten thousand dollars ($10,000) for each violation of this section. +(g) This section does not apply to rules, regulations, or policies that implement, or to actions by employers against employees who violate, the confidentiality of the lawyer-client privilege of Article 3 (commencing with Section 950) of, or the physician-patient privilege of Article 6 (commencing with Section 990) of, Chapter 4 of Division 8 of the Evidence Code, or trade secret information. +(h) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section. +(i) For purposes of this section, “employer” or “a person acting on behalf of the employer” includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400. +SEC. 3. +Section 2810.3 of the Labor Code is amended to read: +2810.3. +(a) As used in this section: +(1) (A) “Client employer” means a business entity, regardless of its form, that obtains or is provided workers to perform labor within its usual course of business from a labor contractor. +(B) “Client employer” does not include any of the following: +(i) A business entity with a workforce of fewer than 25 workers, including those hired directly by the client employer and those obtained from, or provided by, any labor contractor. +(ii) A business entity with five or fewer workers supplied by a labor contractor or labor contractors to the client employer at any given time. +(iii) The state or any political subdivision of the state, including any city, county, city and county, or special district. +(2) “Labor” has the same meaning provided by Section 200. +(3) “Labor contractor” means an individual or entity that supplies, either with or without a contract, a client employer with workers to perform labor within the client employer’s usual course of business. “Labor contractor” does not include any of the following: +(A) A bona fide nonprofit, community-based organization that provides services to workers. +(B) A bona fide labor organization or apprenticeship program or hiring hall operated pursuant to a collective bargaining agreement. +(C) A motion picture payroll services company as defined in subparagraph (A) of paragraph (4) of subdivision (f) of Section 679 of the Unemployment Insurance Code. +(D) A third party who is a party to an employee leasing arrangement, as defined by Rule 4 of Section V of the California Workers’ Compensation Experience Rating Plan-1995 (Section 2353.1 of Title 10 of the California Code of Regulations), as it read on January 1, 2014, except those arrangements described in subrule d of Rule 4 of Section V, if the employee leasing arrangement contractually obligates the client employer to assume all civil legal responsibility and civil liability under this act. +(4) “Wages” has the same meaning provided by Section 200 and all sums payable to an employee or the state based upon any failure to pay wages, as provided by law. +(5) “Worker” does not include an employee who is exempt from the payment of an overtime rate of compensation for executive, administrative, and professional employees pursuant to wage orders by the Industrial Welfare Commission described in Section 515. +(6) “Usual course of business” means the regular and customary work of a business, performed within or upon the premises or worksite of the client employer. +(b) A client employer shall share with a labor contractor all civil legal responsibility and civil liability for all workers supplied by that labor contractor for both of the following: +(1) The payment of wages. +(2) Failure to secure valid workers’ compensation coverage as required by Section 3700. +(c) A client employer shall not shift to the labor contractor any legal duties or liabilities under Division 5 (commencing with Section 6300) with respect to workers supplied by the labor contractor. +(d) At least 30 days prior to filing a civil action against a client employer for violations covered by this section, a worker or his or her representative shall notify the client employer of violations under subdivision (b). +(e) Neither the client employer nor the labor contractor may take any adverse action against any worker for providing notification of violations or filing a claim or civil action. +(f) The provisions of subdivisions (b) and (c) are in addition to, and shall be supplemental of, any other theories of liability or requirement established by statute or common law. +(g) This section does not prohibit a client employer from establishing, exercising, or enforcing by contract any otherwise lawful remedies against a labor contractor for liability created by acts of a labor contractor. +(h) This section does not prohibit a labor contractor from establishing, exercising, or enforcing by contract any otherwise lawful remedies against a client employer for liability created by acts of a client employer. +(i) Upon request by a state enforcement agency or department, a client employer or a labor contractor shall provide to the agency or department any information within its possession, custody, or control required to verify compliance with applicable state laws. Upon request, these records shall be made available promptly for inspection, and the state agency or department shall be permitted to copy them. This subdivision does not require the disclosure of information that is not otherwise required to be disclosed by employers upon request by a state enforcement agency or department. +(j) The Labor Commissioner may adopt regulations and rules of practice and procedure necessary to administer and enforce the provisions of subdivisions (b) and (i) that are under his or her jurisdiction. +(k) The Division of Occupational Safety and Health may adopt regulations and rules of practice and procedure necessary to administer and enforce the provisions of subdivisions (c) and (i) that are under its jurisdiction. +(l) The Employment Development Department may adopt regulations and rules of practice and procedure necessary to administer and enforce the provisions of subdivisions (b) and (i) that are under its jurisdiction. +(m) A waiver of this section is contrary to public policy, and is void and unenforceable. +(n) This section shall not be interpreted to impose individual liability on a homeowner for labor or services received at the home or the owner of a home-based business for labor or services received at the home. +(o) This section shall not be interpreted to impose liability on a client employer for the use of an independent contractor other than a labor contractor or to change the definition of independent contractor. +(p) This section shall not be interpreted to impose liability on the following: +(1) A client employer that is not a motor carrier of property based solely on the employer’s use of a third-party motor carrier of property with interstate or intrastate operating authority to ship or receive freight. +(2) A client employer that is a motor carrier of property subcontracting with, or otherwise engaging, another motor carrier of property to provide transportation services using its own employees and commercial motor vehicles, as defined in Section 34601 of the Vehicle Code. +(3) A client employer that is not a household goods carrier based solely on the employer’s use of a third-party household goods carrier permitted by the Public Utilities Commission pursuant to Chapter 7 (commencing with Section 5101) of Division 2 of the Public Utilities Code to move household goods. +(4) A client employer that is a household goods carrier permitted by the Public Utilities Commission pursuant to Chapter 7 (commencing with Section 5101) of Division 2 of the Public Utilities Code subcontracting with, or otherwise engaging, another permitted household goods carrier to provide transportation of household goods using its own employees and motor vehicles, as defined in Section 5108 of the Public Utilities Code. +(5) A client employer that is a cable operator as defined by Section 5830 of the Public Utilities Code, a direct-to-home satellite service provider, or a telephone corporation as defined by Section 234 of the Public Utilities Code, based upon its contracting with a company to build, install, maintain, or perform repair work utilizing the employees and vehicles of the contractor if the name of the contractor is visible on employee uniforms and vehicles. +(6) A motor club holding a certificate of authority issued pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code when it contracts with third parties to provide motor club services utilizing the employees and vehicles of the third-party contractor if the name of the contractor is visible on the contractor’s vehicles. +SEC. 4. +Section 6310 of the Labor Code is amended to read: +6310. +(a) No person shall discharge or in any manner discriminate against any employee because the employee has done any of the following: +(1) Made any oral or written complaint to the division, other governmental agencies having statutory responsibility for or assisting the division with reference to employee safety or health, his or her employer, or his or her representative. +(2) Instituted or caused to be instituted any proceeding under or relating to his or her rights or has testified or is about to testify in the proceeding or because of the exercise by the employee on behalf of himself, herself, or others of any rights afforded him or her. +(3) Participated in an occupational health and safety committee established pursuant to Section 6401.7. +(b) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because the employee has made a bona fide oral or written complaint to the division, other governmental agencies having statutory responsibility for or assisting the division with reference to employee safety or health, his or her employer, or his or her representative, of unsafe working conditions, or work practices, in his or her employment or place of employment, or has participated in an employer-employee occupational health and safety committee, shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor. +(c) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section. +(d) For purposes of this section, “employer” or “a person acting on behalf of the employer” includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400.","(1) Existing law prohibits an employer from discharging an employee or in any manner discriminating, retaliating, or taking any adverse action against any employee or applicant for employment because the employee or applicant has engaged in protected conduct, as specified. Existing law provides that an employee who made a bona fide complaint, and was consequently discharged or otherwise suffered an adverse action, is entitled to reinstatement and reimbursement for lost wages. Existing law makes it a misdemeanor for an employer to willfully refuse to reinstate or otherwise restore an employee who is determined by a specified procedure to be eligible for reinstatement. Existing law subjects a person who violates these provisions to a civil penalty of up to $10,000 per violation. +This bill would extend the protections of these provisions, as specified, to an employee who is a family member of a person who engaged in, or was perceived to engage in, the protected conduct or make a complaint protected by these provisions. This bill would define terms for the purpose of these provisions. +(2) Existing law requires a client employer to share with a labor contractor all civil legal responsibility and civil liability for all workers supplied by that labor contractor for the payment of wages and the failure to obtain valid workers’ compensation coverage. Existing law also prohibits a client employer from shifting to the labor contractor legal duties or liabilities under workplace safety provisions with respect to workers provided by the labor contractor. Existing law defines terms for these purposes and authorizes the Labor Commissioner to adopt regulations and rules of practice and procedure necessary to administer and enforce these provisions. Existing law excludes certain types of employers from these provisions, including, but not limited to, a client employer that is not a motor carrier of property based solely on the employer’s use of a third-party motor carrier of property with interstate or intrastate operating authority to ship or receive freight, and a client employer that is a motor carrier of property subcontracting with, or otherwise engaging, another motor carrier of property to provide transportation services using its own employees and commercial motor vehicles. +The Household Goods Carriers Act subjects household goods carriers to the jurisdiction and control of the Public Utilities Commission. The act prohibits a household goods carrier from engaging, or attempting to engage, in the business of the transportation of used household goods and personal effects by motor vehicle over any public highway in the state without a permit issued by the commission authorizing transportation entirely within the state, or a valid operating authority issued by the Federal Motor Carrier Safety Administration for interstate transportation. +This bill would expand the types of employers excluded from those labor contracting provisions to include a client employer that is not a household goods carrier based solely on the employer’s use of a third-party household goods carrier permitted by the commission to move household goods, and a client employer that is a permitted household goods carrier subcontracting with, or otherwise engaging, another permitted household goods carrier to provide transportation of household goods using its own employees and motor vehicles.","An act to amend Sections 98.6, 1102.5, 2810.3, and 6310 of the Labor Code, relating to employment." +846,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 396 of the Insurance Code is amended to read: +396. +(a) An insurer shall do either of the following: +(1) Maintain a verifiable process that allows a policyholder to designate in writing or by electronic transmission pursuant to Section 38.5 one additional person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of a policy for nonpayment of premium. The insurer shall notify the policyholder in writing or by electronic transmission pursuant to Section 38.5 of this right at the time of the application or within 30 days after the inception date of an individual policy described in subdivision (f), and at least every two years thereafter. The notification described in this subdivision shall instruct the policyholder how to request the designation and how to replace or delete a designee. If a policyholder initiates contact with the insurer after the insurer has provided notice and the insurer complies with the policyholder’s request to establish or change the additional person to receive the notice described in this section, the insurer shall not be required to maintain additional verification. +(2) Comply with subdivision (b). +(b) An insurer that adopts the following procedure shall be deemed to have complied with subdivision (a). +(1) Unless an applicant for insurance has been provided notice of the right set forth in this section prior to inception of the policy, the insurer shall provide the policyholder, within 30 days after the inception date of an individual policy described in subdivision (f), with notice of the right to designate one person, in addition to the policyholder, to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of a policy for nonpayment of premium. The insurer shall provide each applicant or policyholder with notice in writing or by electronic transmission pursuant to Section 38.5 of the opportunity to make the designation. That notice shall instruct the applicant or policyholder on how he or she is to submit the name and address of one person, in addition to the applicant or policyholder, who is to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of the policy for nonpayment of premium. +(2) If after having been provided notice from the insurer of the right to designate an individual to receive notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium, the applicant or policyholder fails to designate an individual within 30 days, the applicant or policyholder shall be conclusively presumed to have declined the opportunity to exercise his or her right at that time. +(3) Notwithstanding subparagraph (C) of paragraph (2) of subdivision (a) of Section 791.13 or any other law, the insurer shall retain and utilize as necessary the contact information provided in the written designation for the lifetime of the policy, and allow the policyholder to update the written designation if the policyholder so requests. +(c) (1) A policyholder retains the right to designate the one additional person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium at any time, at the initiative of the policyholder, regardless of whether the policyholder previously declined to exercise that right. At least every two years, the insurer shall notify the policyholder in writing or by electronic transmission pursuant to Section 38.5, of whichever of the following applies: +(A) If a policyholder has previously provided a designation pursuant to this subdivision, in writing or by electronic transmission pursuant to Section 38.5, the right to change the prior designation by replacing or deleting a person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium. +(B) If the policyholder has not previously designated a person to receive the notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium pursuant to this subdivision, the right to designate a person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium. +(2) The notice requirements in subparagraphs (A) and (B) of paragraph (1) may be provided to a policyholder in a single notice and shall not require two separate notices. +(d) When a policyholder pays the premium for an insurance policy through a payroll or pension deduction plan, the requirements contained in paragraph (1) of subdivision (b) need not be met until 60 days after the policyholder is no longer on that deduction payment plan. +(e) An insurance policy shall not lapse or be terminated for nonpayment of premium unless the insurer, at least 10 days prior to the effective date of the lapse, termination, expiration, nonrenewal, or cancellation, gives notice to the individual designated pursuant to subdivision (a) or (b) at the address provided by the policyholder for purposes of receiving the notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium. Notwithstanding any other law, notice shall be given by first-class United States mail, postage prepaid, within 10 days after the premium is due and unpaid. This subdivision does not modify requirements for notice to the policyholder of lapse, termination, expiration, nonrenewal, or cancellation set forth in other sections of this code. +(f) This section applies only to policies of private passenger automobile insurance that provide coverage for six months or longer, policies of residential property insurance as described in subdivision (a) of Section 10087 that take effect or that are renewed after the effective date of this section, and policies of individual disability income insurance as described in subdivision (i) of Section 799.01, except if the premiums for the individual disability income policy are paid entirely by the employer. +(g) This section applies to policies that are issued and take effect or that are renewed on or after January 1, 2016. +(h) An individual designated by a policyholder pursuant to this section to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of the policy for nonpayment of premium does not have any rights, whether as an additional insured or otherwise, to any benefits under the policy, other than the right to receive notice as provided by this section. +(i) This section shall become operative on January 1, 2016.","Existing law requires an insurance policy to specify certain information, including, but not limited to, the parties to the contract, the property or life insured, the risks insured against, premium, and the coverage period. Existing law, commencing January 1, 2016, and with regard to private passenger automobile insurance that provides coverage for 6 months or longer, specified residential property insurance, and policies of individual disability income insurance that are issued and take effect or that are renewed on or after January 1, 2016, requires an insurer to maintain a verifiable process or adopt a procedure that allows an applicant or policyholder to designate one additional person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of a policy for nonpayment of premium, as specified. Existing law provides that if an insurer opts to adopt the verifiable process, then the insurer, shall provide the policyholder, within 30 days after the inception of an individual policy, with notice of the right to designate one person. Existing law provides that if a policyholder pays the premium for an insurance policy through a payroll or pension deduction plan, then the notice of the right to designate one person need only be sent within 60 days after the policyholder is no longer on that deduction payment plan. Existing law further requires the application form for an insurance policy to clearly indicate the deduction payment plan selected by the applicant. +This bill would delete the requirement that the application form clearly indicate the deduction payment plan selected by the applicant. The bill would make these provisions inapplicable to a policy of disability income insurance if the premiums for the policy are paid entirely by the employer.","An act to amend Section 396 of the Insurance Code, relating to insurance." +847,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1269 of the Unemployment Insurance Code is amended to read: +1269. +A determination of automatic eligibility for benefits under this article shall be issued to an unemployed individual if the director finds that any of the following applies: +(a) The training is authorized by the federal Workforce Innovation and Opportunity Act (Public Law 113-128) or by the Employment Training Panel established pursuant to Chapter 3.5 (commencing with Section 10200) of Part 1 of Division 3. +(b) The training is authorized by the federal Trade Act of 1974 (19 U.S.C. Sec. 2101 et seq.), as amended, pursuant to a certified petition. +(c) The individual is a participant in the California Work Opportunity and Responsibility to Kids (CalWORKs) program pursuant to Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and has entered into a contract with the county welfare department to participate in an education or training program. +(d) (1) The individual is a participant in training with a provider that is certified and on the state’s Eligible Training Provider List (ETPL), as authorized by the federal Workforce Innovation and Opportunity Act (Public Law 113-128), or the individual is a permanent or probationary public school teacher who is a participant in a credential preparation program or training program approved or accredited by the Commission on Teacher Credentialing for additional certification in math, science, or special education, for kindergarten and grades 1 to 12, inclusive, and was laid off. The credential preparation program or training program shall only be approved if a permanent or probationary public school teacher enrolls in the training within three years of being laid off from the public school employer. +(2) The changes made to this subdivision by Chapter 278 of the Statutes of 2012, shall become operative on January 1, 2014. +(e) The individual is a journey level member of a union or trade association, or is a participant in training sponsored by an employer, and the training or retraining course of instruction is industry-related training necessary due to changes in technology, or industry demands, or is necessary to retain employment or to become more competitive in obtaining employment, or the individual is a participant in a state or federally approved apprenticeship program. +SEC. 2. +Section 1271 of the Unemployment Insurance Code is amended to read: +1271. +(a) Any unemployed individual receiving unemployment compensation benefits payable under this division, who applies for a determination of potential eligibility for benefits under this article no later than the 16th week of his or her receiving these benefits, and is determined eligible for benefits under this article, is entitled to a training extension on his or her unemployment compensation claim, if necessary, to complete approved training. +(b) The training extension shall provide the claimant with a maximum of 52 times the weekly benefit of the parent unemployment compensation claim, which shall be reduced by all of the following: +(1) The maximum benefit award on the parent unemployment compensation claim. +(2) Benefits payable during the period of approved training on any other unemployment compensation claim filed pursuant to this chapter, to the extent permitted by law. +(3) Benefits payable during the period of approved training under any state or federal unemployment compensation law, to the extent permitted by state or federal law, including, but not limited to, all of the following: +(A) Extended unemployment compensation benefits payable under Part 3 (commencing with Section 3501). +(B) Federal-state extended compensation benefits payable under Part 4 (commencing with Section 4001). +(C) Trade readjustment allowance benefits payable under the federal Trade Act of 1974 (19 U.S.C. Sec. 2101 et seq.), as amended. +(c) The parent unemployment compensation claim shall be the unemployment compensation claim in existence at the time the claimant is determined eligible for benefits pursuant to subdivision (a). +(d) Benefits payable under this section are subject to the following limitations: +(1) The individual shall remain eligible for benefits under this article for all weeks potentially payable under this section. +(2) The individual shall file any unemployment compensation claim to which he or she becomes entitled under state or federal law, and shall draw any unemployment compensation benefits on that claim until it has expired or has been exhausted, in order to maintain his or her eligibility under this article. +SEC. 3. +Section 1272 of the Unemployment Insurance Code is amended to read: +1272. +Notwithstanding subdivision (c) of Section 1253, an unemployed individual who is able to work is eligible to receive benefits under this article with respect to any week during a period of training or retraining only if the director finds both of the following: +(a) He or she has been determined potentially eligible under Section 1269, 1269.1, or 1271. +(b) He or she submits a certification, as prescribed by the Employment Development Department through regulations, certifying that he or she is enrolled in and satisfactorily pursuing the training or retraining course of instruction. +SEC. 4. +Section 2614 of the Unemployment Insurance Code is amended to read: +2614. +The director shall report to the Assembly Committee on Insurance, Assembly Committee on Labor and Employment, and the Senate Committee on Labor and Industrial Relations by June 30 of each year on the department’s fraud deterrence and detection activities. +SEC. 5. +Section 4902 of the Unemployment Insurance Code is amended to read: +4902. +The report, required by Section 4901, shall be transmitted to the Legislative Analyst, the Assembly Committees on Insurance, Labor and Employment, and Budget, the Senate Committees on Industrial Relations and Budget and Fiscal Review, the Department of Finance, and the Governor, on or before February 1 of each even-numbered year. The report shall do all of the following: +(a) Provide a strategic information technology plan that describes the long-term goals and strategies which shall be undertaken by the department to create an information technology environment that will not only support the achievement of the department’s strategic business mission and goals but set the foundation for using information technology to make substantial and sustainable improvements in how it conducts business. The plan shall cover a 10-year planning horizon and include the department’s information vision, its information management principles, and long-term goals and strategies for achieving its information vision. +(b) Provide a tactical information plan of specific automation and infrastructure projects to be undertaken within three years of the date of the report. The plan shall include project description and scope, consistency with the strategic information plan, relationship to other projects, priority of development, estimated project costs and benefits, and improvements in services. For automation projects, it shall also provide reductions in personnel and operating costs, and identification of how personnel and cost savings will be used, transferred, or otherwise accounted for. +(c) Not necessarily be in addition to or replace any reports now submitted by the director to the California Department of Technology. +SEC. 6. +Section 4903 of the Unemployment Insurance Code is amended to read: +4903. +(a) Thirty days prior to the release of the report identified in Section 4901, the director shall submit it to the California Department of Technology, which shall review and comment on it. These comments shall be attached to the report by the director and distributed with the report. +(b) When commenting on the report, the California Department of Technology shall include, but not be limited to, an assessment of whether: +(1) The requirements for the report have been met. +(2) The strategic plan is consistent with the formal strategic plan submitted separately to the California Department of Technology. +(3) The costs and benefits identified in the report are consistent with the projects previously submitted for approval or contained in the Information Management Annual Plans.","Existing law provides unemployment compensation benefits to eligible persons who are unemployed through no fault of their own. Existing law, the California Training Benefits Program, until January 1, 2019, authorizes an unemployed individual, who is otherwise eligible for unemployment benefits, to apply to the Employment Development Department for a determination of potential eligibility for benefits during a period of training or retraining. +Existing law sets forth the eligibility criteria for the program, including that the individual is a journey level union member and the training or retraining course of instruction is industry-related training necessary due to changes in technology, or industry demands, or is necessary to retain employment or to become more competitive in obtaining employment. +This bill would recast these provisions to permit eligibility for a member of a union or trade association, a participant in training sponsored by an employer, or an individual who is a participant in a state or federally approved apprenticeship program. +Existing law sets the maximum benefit amount under the program at 52 times the weekly benefit amount, including the maximum award under the parent compensation claim, as defined, and requires that benefits received under any federal unemployment compensation law be included as benefits payable under these provisions. +This bill recast those provisions to set forth certain federally funded unemployment benefits to be included within these benefits. Because the bill would make changes to existing eligibility requirements for training and benefits, which would result in additional amounts being payable from the Unemployment Fund for those benefits, the bill would make an appropriation. +This bill would make changes to delete references to the repealed federal Workforce Investment Act of 1998 and instead refer to the successor federal Workforce Innovation and Opportunity Act. +Existing law requires the Director of Employment Development to report to the Legislature by June 30 of each year on the Employment Development Department’s fraud deterrence and detection activities. +This bill would instead require the report to be made to specified committees of the Legislature. +Existing law requires the director to prepare and report to specified committees of the Legislature and the State Office of Information Technology on the department’s automation plans, including recommendations on improvements and long-term goals and strategies. Existing law requires the report to provide a strategic information plan. +This bill would revise what committees are to receive the report, as specified, and replace references to the State Office of Information Technology with the California Department of Technology.","An act to amend Sections 1269, 1271, 1272, 2614, 4902, and 4903 of the Unemployment Insurance Code, relating to unemployment insurance, and making an appropriation therefor." +848,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6213 of the Business and Professions Code is amended to read: +6213. +As used in this article: +(a) “Qualified legal services project” means either of the following: +(1) A nonprofit project incorporated and operated exclusively in California that provides as its primary purpose and function legal services without charge to indigent persons and that has quality control procedures approved by the State Bar of California. +(2) A program operated exclusively in California by a nonprofit law school accredited by the State Bar of California that meets the requirements of subparagraphs (A) and (B). +(A) The program shall have operated for at least two years at a cost of at least twenty thousand dollars ($20,000) per year as an identifiable law school unit with a primary purpose and function of providing legal services without charge to indigent persons. +(B) The program shall have quality control procedures approved by the State Bar of California. +(b) “Qualified support center” means an incorporated nonprofit legal services center that has as its primary purpose and function the provision of legal training, legal technical assistance, or advocacy support without charge and which actually provides through an office in California a significant level of legal training, legal technical assistance, or advocacy support without charge to qualified legal services projects on a statewide basis in California. +(c) “Recipient” means a qualified legal services project or support center receiving financial assistance under this article. +(d) “Indigent person” means a person whose income is (1) 125 percent or less of the current poverty threshold established by the United States Office of Management and Budget, or (2) who is eligible for Supplemental Security Income or free services under the Older Americans Act or Developmentally Disabled Assistance Act. With regard to a project that provides free services of attorneys in private practice without compensation, “indigent person” also means a person whose income is 75 percent or less of the maximum levels of income for lower income households as defined in Section 50079.5 of the Health and Safety Code. For the purpose of this subdivision, the income of a person who is disabled shall be determined after deducting the costs of medical and other disability-related special expenses. +(e) “Fee generating case” means a case or matter that, if undertaken on behalf of an indigent person by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from the opposing party. A case shall not be considered fee generating if adequate representation is unavailable and any of the following circumstances exist: +(1) The recipient has determined that free referral is not possible because of any of the following reasons: +(A) The case has been rejected by the local lawyer referral service, or if there is no such service, by two attorneys in private practice who have experience in the subject matter of the case. +(B) Neither the referral service nor any attorney will consider the case without payment of a consultation fee. +(C) The case is of the type that attorneys in private practice in the area ordinarily do not accept, or do not accept without prepayment of a fee. +(D) Emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time. +(2) Recovery of damages is not the principal object of the case and a request for damages is merely ancillary to an action for equitable or other nonpecuniary relief, or inclusion of a counterclaim requesting damages is necessary for effective defense or because of applicable rules governing joinder of counterclaims. +(3) A court has appointed a recipient or an employee of a recipient pursuant to a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction. +(4) The case involves the rights of a claimant under a publicly supported benefit program for which entitlement to benefit is based on need. +(f) “Legal Services Corporation” means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (P.L. 93-355; 42 U.S.C. Sec. 2996 et seq.). +(g) “Older Americans Act” means the Older Americans Act of 1965, as amended (P.L. 89-73; 42 U.S.C. Sec. 3001 et seq.). +(h) “Developmentally Disabled Assistance Act” means the Developmentally Disabled Assistance and Bill of Rights Act, as amended (P.L. 94-103; 42 U.S.C. Sec. 6001 et seq.). +(i) “Supplemental security income recipient” means an individual receiving or eligible to receive payments under Title XVI of the federal Social Security Act, or payments under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code. +(j) “IOLTA account” means an account or investment product established and maintained pursuant to subdivision (a) of Section 6211 that is any of the following: +(1) An interest-bearing checking account. +(2) An investment sweep product that is a daily (overnight) financial institution repurchase agreement or an open-end money market fund. +(3) An investment product authorized by California Supreme Court rule or order. +A daily financial institution repurchase agreement shall be fully collateralized by United States Government Securities or other comparably conservative debt securities, and may be established only with any eligible institution that is “well-capitalized” or “adequately capitalized” as those terms are defined by applicable federal statutes and regulations. An open-end money market fund shall be invested solely in United States Government Securities or repurchase agreements fully collateralized by United States Government Securities or other comparably conservative debt securities, shall hold itself out as a “money market fund” as that term is defined by federal statutes and regulations under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.), and, at the time of the investment, shall have total assets of at least two hundred fifty million dollars ($250,000,000). +(k) “Eligible institution” means either of the following: +(1) A bank, savings and loan, or other financial institution regulated by a federal or state agency that pays interest or dividends +in +on +the IOLTA account and carries deposit insurance from an agency of the federal government. +(2) Any other type of financial institution authorized by the California Supreme Court.","Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law requires an attorney or law firm receiving or disbursing trust funds to establish and maintain an IOLTA account, as defined, in which the attorney or law firm is required to deposit or invest all specified client deposits or funds. Existing law requires an attorney or law firm establishing an IOLTA account to report IOLTA account compliance and all other IOLTA account information required by the State Bar in the manner specified by the State Bar. +This bill would make a technical correction to a definition related to IOLTA accounts.","An act to amend Section 6213 of the Business and Professions Code, relating to attorneys." +849,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Lichens are unique organisms that consist of a fungus and an alga living together in a symbiotic relationship. +(b) Lichens are important for both wildlife and people. They are used as a food source by a variety of animals. Many lichens have antibacterial properties and have been used medicinally for thousands of years. +(c) Lichens are known for their sensitivity to environmental stressors and are used as biological indicators of air quality and climate change around the world, including in California, which is home to more than 1,900 species of lichens. +(d) Ramalina menziesii, commonly known as lace lichen, is a common lichen found throughout much of California from the northern to the southern border of the state, and as far as 130 miles inland from the coast. Naming Ramalina menziesii as the official state lichen of California will help promote appreciation, education, and study of lichens in this state. +SEC. 2. +Section 424.6 is added to the Government Code, to read: +424.6. +Lace lichen (Ramalina menziesii) is the official state lichen. +SEC. 3. +Section 5003.6 of the Public Resources Code is amended to read: +5003.6. +The planning, design, and construction of a boating facility within the state park system shall be the responsibility of the Division of Boating and Waterways within the department pursuant to Section 50 of the Harbors and Navigation Code. +SEC. 4. +Section 5008 of the Public Resources Code is amended to read: +5008. +(a) The department shall protect the state park system and the state vehicular recreation area and trail system from damage and preserve the peace therein. +(b) The director may designate any officer or employee of the department as a peace officer. The primary duties of the peace officer shall be the enforcement of this division, Sections 4442 and 4442.5, the rules and regulations of the department, Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, the rules and regulations of the Division of Boating and Waterways within the department, Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code, and Division 16.5 (commencing with Section 38000) of the Vehicle Code and to arrest persons for the commission of public offenses within the property under its jurisdiction. The authority and powers of the peace officer shall be limited to those conferred by law upon peace officers listed in Section 830.2 of the Penal Code. +(c) The department shall protect property included in the California recreational trail system and the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980 from damage and preserve the peace therein. The primary duties of any officer or employee designated a peace officer under this section shall include enforcement of the rules and regulations established by the department under subdivision (l) of Section 6 of Chapter 1234 of the Statutes of 1980 and the arrest of persons for the commission of public offenses within the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980. +(d) Any person who violates the rules and regulations established by the department is guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail not exceeding 90 days, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, except that at the time a particular action is commenced, the judge may, considering the recommendation of the prosecuting attorney, reduce the charged offense from a misdemeanor to an infraction. Any person convicted of the offense after such a reduction shall be punished by a fine of not less than ten dollars ($10) nor more than one thousand dollars ($1,000). +SEC. 5. +Section 5008.5 of the Public Resources Code is amended to read: +5008.5. +In any prosecution charging a violation within any unit of the state park system of the rules and regulations of the department, Section 655.2 or Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, or the rules and regulations of the Division of Boating and Waterways within the department, proof by the people of the State of California that the vehicle or vessel described in the complaint was parked or placed in violation of any provision of these statutes or rules and regulations together with proof that the defendant named in the complaint was, at the time of the parking or placing, the registered owner of the vehicle or vessel, shall constitute prima facie evidence that the registered owner of the vehicle or vessel was the person who parked or placed the vehicle or vessel at the point where, and for the time during which, the violation occurred, but the proof that a person is the registered owner of a vehicle or vessel is not prima facie evidence that the person has violated any other provision of law. The above provisions shall apply only when there has been compliance with the procedure required by Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. Proof of a written lease of, or rental agreement for, a particular vehicle or vessel described in the complaint, on the date and time of the violation, which lease or rental agreement includes the name and address of the person to whom the vehicle or vessel is leased or rented, shall rebut the prima facie evidence that the registered owner was the person who parked or placed the vehicle at the time and place where the violation occurred. +Any charge under this section shall be dismissed when the person charged has made a bona fide sale or transfer of the vehicle or vessel and has delivered possession thereof to the purchaser and has complied with the requirements of subdivision (a) or (b) of Section 5602 of the Vehicle Code or with Section 710 of the Harbors and Navigation Code prior to the date of the alleged violation and has advised the court of the name and address of the purchaser. +SEC. 6. +Section 5044 of the Public Resources Code is repealed. +SEC. 7. +Section 5071.7 of the Public Resources Code is amended to read: +5071.7. +(a) (1) In planning the system, the director shall consult with and seek the assistance of the Department of Transportation. The Department of Transportation shall plan and design those trail routes that are in need of construction contiguous to state highways and serve both a transportation and a recreational need. +(2) The Department of Transportation shall install or supervise the installation of signs along heritage corridors consistent with the plan element developed pursuant to this section and Section 5073.1; provided, however, that it shall neither install nor supervise the installation of those signs until it determines that it has available to it adequate volunteers or funds, or a combination thereof, to install or supervise the installation of the signs, or until the Legislature appropriates sufficient funds for the installation or supervision of installation, whichever occurs first. +(b) The element of the plan relating to boating trails and other segments of the system which are oriented to waterways shall be prepared and maintained by the Division of Boating and Waterways within the Department of Parks and Recreation pursuant to Article 2.6 (commencing with Section 68) of Chapter 2 of Division 1 of the Harbors and Navigation Code. Those segments shall be integrated with the California Protected Waterways Plan developed pursuant to Chapter 1278 of the Statutes of 1968, and shall be planned so as to be consistent with the preservation of rivers of the California Wild and Scenic Rivers System, as provided in Chapter 1.4 (commencing with Section 5093.50) of this division. +(c) Any element of the plan relating to trails and areas for the use of off/highway motor vehicles shall be prepared and maintained by the Division of Off/Highway Motor Vehicle Recreation pursuant to Chapter 1.25 (commencing with Section 5090.01). +(d) In planning the system, the director shall consult with and seek the assistance of the Department of Rehabilitation, representatives of its California Access Network volunteers, and nonprofit disability access groups to assure that adequate provision is made for publicizing the potential use of recreational trails, including heritage corridors by physically disabled persons. +SEC. 8. +Section 6232 of the Public Resources Code is amended to read: +6232. +The Secretary of the Natural Resources Agency shall appoint the following members of the advisory panel, who shall serve at the pleasure of the secretary: +(a) A representative of the Division of Boating and Waterways within the Department of Parks and Recreation. +(b) A representative of the Department of Conservation. +(c) A representative of the Department of Fish and Wildlife. +(d) The Executive Director of the California Coastal Commission or the executive director’s designee. +(e) A representative of the fish industry. +(f) A representative of the aquaculture industry. +(g) A representative of the ocean engineering industry. +(h) A representative of the University of California. +(i) A representative of the California State University. +(j) A representative of a private California institution of higher education that is participating in the National Sea Grant Program. +(k) A representative of the State Lands Commission. +(l) A representative of the Office of Environmental Health Hazard Assessment. +(m) A representative of the State Water Resources Control Board. +(n) A representative of the Office of Oil Spill Prevention and Response in the Department of Fish and Wildlife, designated by the administrator for oil spill response. +SEC. 9. +Section 6311 of the Public Resources Code is amended to read: +6311. +It is hereby declared to be the policy of this state that any grant of tidelands or submerged lands made after January 1, 1971, within an area which has been designated by the Division of Boating and Waterways within the Department of Parks and Recreation as the location of a small craft harbor of refuge, shall contain a reservation and condition requiring the grantee to submit a plan to the Division of Boating and Waterways within the Department of Parks and Recreation, within a reasonable period of time after the effective date of the grant, for the construction of facilities necessary or convenient for the use of the granted lands as a small craft harbor of refuge, and requiring the construction of facilities to be completed within a specified period of time after approval of the plan by the Division of Boating and Waterways within the Department of Parks and Recreation. +SEC. 10. +Section 30411 of the Public Resources Code is amended to read: +30411. +(a) The Department of Fish and Wildlife and the Fish and Game Commission are the principal state agencies responsible for the establishment and control of wildlife and fishery management programs and the commission shall not establish or impose any controls with respect thereto that duplicate or exceed regulatory controls established by these agencies pursuant to specific statutory requirements or authorization. +(b) The Department of Fish and Wildlife in consultation with the commission and the Division of Boating and Waterways within the Department of Parks and Recreation, may study degraded wetlands and identify those which can most feasibly be restored in conjunction with development of a boating facility as provided in subdivision (a) of Section 30233. Any study conducted under this subdivision shall include consideration of all of the following: +(1) Whether the wetland is so severely degraded and its natural processes so substantially impaired that it is not capable of recovering and maintaining a high level of biological productivity without major restoration activities. +(2) Whether a substantial portion of the degraded wetland, but in no event less than 75 percent, can be restored and maintained as a highly productive wetland in conjunction with a boating facilities project. +(3) Whether restoration of the wetland’s natural values, including its biological productivity and wildlife habitat features, can most feasibly be achieved and maintained in conjunction with a boating facility or whether there are other feasible ways to achieve these values. +(c) The Legislature finds and declares that salt water or brackish water aquaculture is a coastal-dependent use which should be encouraged to augment food supplies and to further the policies set forth in Chapter 4 (commencing with Section 825) of Division 1. The Department of Fish and Wildlife may identify coastal sites it determines to be appropriate for aquaculture facilities. If the Department of Fish and Wildlife identifies these sites, it shall transmit information identifying the sites to the commission and the relevant local government agency. The commission, and where appropriate, local governments, shall, consistent with the coastal planning requirements of this division, provide for as many coastal sites identified by the Department of Fish and Wildlife for any uses that are consistent with the policies of Chapter 3 (commencing with Section 30200) of this division. +(d) Any agency of the state owning or managing land in the coastal zone for public purposes shall be an active participant in the selection of suitable sites for aquaculture facilities and shall make the land available for use in aquaculture when feasible and consistent with other policies of this division and other provisions of law. +SEC. 11. +Section 30419 of the Public Resources Code is amended to read: +30419. +The Division of Boating and Waterways within the Department of Parks and Recreation is the principal state agency for evaluating the economic feasibility of any boating facility to be developed within the coastal zone. +If the economic viability of a boating facility becomes an issue in a coastal development permit matter or in a local coastal program or any amendment thereto, the commission shall request the Division of Boating and Waterways within the Department of Parks and Recreation to provide comment, including, but not limited to, the analysis of costs associated with conditions of approval. In cases where the Division of Boating and Waterways within the Department of Parks and Recreation desires to make any comment, it shall be made within 30 days of the commission’s request. The commission shall include the comment in its decision regarding a coastal development permit or local coastal program or any amendment thereto.","(1) Existing law declares the official state animal, rock, mineral, grass, insect, and bird, among other official things. +This bill would make lace lichen (Ramalina menziesii) the official state lichen. +(2) Existing law transferred the Department of Boating and Waterways into the Department of Parks and Recreation as a division of that department. Existing law renamed the Department of Fish and Game as the Department of Fish and Wildlife. +This bill would making conforming and other nonsubstantive changes, including repealing an obsolete provision.","An act to add Section 424.6 to the Government Code, and to amend Sections 5003.6, 5008, 5008.5, 5071.7, 6232, 6311, 30411, and 30419 of, and to repeal Section 5044 of, the Public Resources Code, relating to public resources." +850,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12098.7 of the Government Code is repealed. +SEC. 2. +Section 12098.7 is added to the Government Code, to read: +12098.7. +Notwithstanding any other law, effective June 30, 2014, the Economic Adjustment Assistance Grant funded through the United States Economic Development Administration under Title IX of the Public Works and Economic Development Act of 1965 (Grant No. 07-19-02709 and 07-19-2709.01) shall be transferred to the Valley Economic Development Center, Inc. The State of California is the dismissed grantee and the Valley Economic Development Center, Inc., shall be the successor grantee. All responsibilities and authorities associated with these funds shall be transferred from the Governor’s Office of Business and Economic Development to the Valley Economic Development Center, Inc., pursuant to the terms and conditions agreed to by all parties, including the United States Economic Development Administration, the Governor’s Office of Business and Economic Development, and the Valley Economic Development Center, Inc., pursuant to the Offer and Acceptance of Award Amendment For Transfer of Award entered into by the parties on June 17, 2014. +SEC. 3. +Section 63010 of the Government Code is amended to read: +63010. +For purposes of this division, the following words and terms shall have the following meanings unless the context clearly indicates or requires another or different meaning or intent: +(a) “Act” means the Bergeson-Peace Infrastructure and Economic Development Bank Act. +(b) “Bank” means the California Infrastructure and Economic Development Bank. +(c) “Board” or “bank board” means the Board of Directors of the California Infrastructure and Economic Development Bank. +(d) “Bond purchase agreement” means a contractual agreement executed between the bank and a sponsor, or a special purpose trust authorized by the bank or a sponsor, or both, whereby the bank or special purpose trust authorized by the bank agrees to purchase bonds of the sponsor for retention or sale. +(e) “Bonds” means bonds, including structured, senior, and subordinated bonds or other securities; loans; notes, including bond, revenue, tax, or grant anticipation notes; commercial paper; floating rate and variable maturity securities; and any other evidences of indebtedness or ownership, including certificates of participation or beneficial interest, asset backed certificates, or lease-purchase or installment purchase agreements, whether taxable or excludable from gross income for federal income taxation purposes. +(f) “Cost,” as applied to a project or portion thereof financed under this division, means all or any part of the cost of construction, renovation, and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, licenses, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved; the cost of all machinery, equipment, and financing charges; interest prior to, during, and for a period after completion of construction, renovation, or acquisition, as determined by the bank; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; and the cost of architectural, engineering, financial and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of any project or incidental to the construction, acquisition, or financing of any project, and transition costs in the case of an electrical corporation. +(g) “Economic development facilities” means real and personal property, structures, buildings, equipment, and supporting components thereof that are used to provide industrial, recreational, research, commercial, utility, goods movement, or service enterprise facilities, community, educational, cultural, or social welfare facilities and any parts or combinations thereof, and all facilities or infrastructure necessary or desirable in connection therewith, including provision for working capital, but shall not include any housing. +(h) “Electrical corporation” has the meaning set forth in Section 218 of the Public Utilities Code. +(i) “Executive director” means the Executive Director of the California Infrastructure and Economic Development Bank appointed pursuant to Section 63021. +(j) “Financial assistance” in connection with a project, includes, but is not limited to, any combination of grants, loans, the proceeds of bonds issued by the bank or special purpose trust, insurance, guarantees or other credit enhancements or liquidity facilities, and contributions of money, property, labor, or other things of value, as may be approved by resolution of the board or the sponsor, or both; the purchase or retention of bank bonds, the bonds of a sponsor for their retention or for sale by the bank, or the issuance of bank bonds or the bonds of a special purpose trust used to fund the cost of a project for which a sponsor is directly or indirectly liable, including, but not limited to, bonds, the security for which is provided in whole or in part pursuant to the powers granted by Section 63025.1; bonds for which the bank has provided a guarantee or enhancement, including, but not limited to, the purchase of the subordinated bonds of the sponsor, the subordinated bonds of a special purpose trust, or the retention of the subordinated bonds of the bank pursuant to Chapter 4 (commencing with Section 63060); or any other type of assistance deemed appropriate by the bank or the sponsor, except that no direct loans shall be made to nonpublic entities other than in connection with the issuance of rate reduction bonds pursuant to a financing order or in connection with a financing for an economic development facility. +For purposes of this subdivision, “grant” does not include grants made by the bank except when acting as an agent or intermediary for the distribution or packaging of financing available from federal, private, or other public sources. +(k) “Financing order” has the meaning set forth in Section 840 of the Public Utilities Code. +(l) “Guarantee trust fund” means the California Infrastructure Guarantee Trust Fund. +(m) “Infrastructure bank fund” means the California Infrastructure and Economic Development Bank Fund. +(n) “Loan agreement” means a contractual agreement executed between the bank or a special purpose trust and a sponsor that provides that the bank or special purpose trust will loan funds to the sponsor and that the sponsor will repay the principal and pay the interest and redemption premium, if any, on the loan. +(o) “Participating party” means any person, company, corporation, association, state, or municipal governmental entity, partnership, firm, or other entity or group of entities, whether organized for profit or not for profit, engaged in business or operations within the state and that applies for financing from the bank in conjunction with a sponsor for the purpose of implementing a project. However, in the case of a project relating to the financing of transition costs or the acquisition of transition property, or both, on the request of an electrical corporation, or in connection with financing for an economic development facility, or for the financing of insurance claims, the participating party shall be deemed to be the same entity as the sponsor for the financing. +(p) “Project” means designing, acquiring, planning, permitting, entitling, constructing, improving, extending, restoring, financing, and generally developing public development facilities or economic development facilities within the state or financing transition costs or the acquisition of transition property, or both, upon approval of a financing order by the Public Utilities Commission, as provided in Article 5.5 (commencing with Section 840) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code. +(q) “Public development facilities” means real and personal property, structures, conveyances, equipment, thoroughfares, buildings, and supporting components thereof, excluding any housing, that are directly related to providing the following: +(1) “City streets” including any street, avenue, boulevard, road, parkway, drive, or other way that is any of the following: +(A) An existing municipal roadway. +(B) Is shown upon a plat approved pursuant to law and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, bridges, shoulders, gutters, curbs, guardrails, sidewalks, parking areas, benches, fountains, plantings, lighting systems, and other areas within the street lines, as well as equipment and facilities used in the cleaning, grading, clearance, maintenance, and upkeep thereof. +(2) “County highways” including any county highway as defined in Section 25 of the Streets and Highways Code, that includes the land between the highway lines, whether improved or unimproved, and may comprise pavement, bridges, shoulders, gutters, curbs, guardrails, sidewalks, parking areas, benches, fountains, plantings, lighting systems, and other areas within the street lines, as well as equipment and facilities used in the cleaning, grading, clearance, maintenance, and upkeep thereof. +(3) “Drainage, water supply, and flood control” including, but not limited to, ditches, canals, levees, pumps, dams, conduits, pipes, storm sewers, and dikes necessary to keep or direct water away from people, equipment, buildings, and other protected areas as may be established by lawful authority, as well as the acquisition, improvement, maintenance, and management of floodplain areas and all equipment used in the maintenance and operation of the foregoing. +(4) “Educational facilities” including libraries, child care facilities, including, but not limited to, day care facilities, and employment training facilities. +(5) “Environmental mitigation measures” including required construction or modification of public infrastructure and purchase and installation of pollution control and noise abatement equipment. +(6) “Parks and recreational facilities” including local parks, recreational property and equipment, parkways, and property. +(7) “Port facilities” including airports, landports, waterports, railports, docks, harbors, ports of entry, piers, ships, small boat harbors and marinas, and any other facilities, additions, or improvements in connection therewith, that transport goods or persons. +(8) “Power and communications” including facilities for the transmission or distribution of electrical energy, natural gas, and telephone and telecommunications service. +(9) “Public transit” including air and rail transport, airports, guideways, vehicles, rights-of-way, passenger stations, maintenance and storage yards, and related structures, including public parking facilities, and equipment used to provide or enhance transportation by bus, rail, ferry, or other conveyance, either publicly or privately owned, that provides to the public general or special service on a regular and continuing basis. +(10) “Sewage collection and treatment” including pipes, pumps, and conduits that collect wastewater from residential, manufacturing, and commercial establishments, the equipment, structures, and facilities used in treating wastewater to reduce or eliminate impurities or contaminants, and the facilities used in disposing of, or transporting, remaining sludge, as well as all equipment used in the maintenance and operation of the foregoing. +(11) “Solid waste collection and disposal” including vehicles, vehicle-compatible waste receptacles, transfer stations, recycling centers, sanitary landfills, and waste conversion facilities necessary to remove solid waste, except that which is hazardous as defined by law, from its point of origin. +(12) “Water treatment and distribution” including facilities in which water is purified and otherwise treated to meet residential, manufacturing, or commercial purposes and the conduits, pipes, and pumps that transport it to places of use. +(13) “Defense conversion” including, but not limited to, facilities necessary for successfully converting military bases consistent with an adopted base reuse plan. +(14) “Public safety facilities” including, but not limited to, police stations, fire stations, court buildings, jails, juvenile halls, and juvenile detention facilities. +(15) “State highways” including any state highway as described in Chapter 2 (commencing with Section 230) of Division 1 of the Streets and Highways Code, and the related components necessary for safe operation of the highway. +(16) (A) “Military infrastructure,” including, but not limited to, facilities on or near a military installation, that enhance the military operations and mission of one or more military installations in this state. To be eligible for funding, the project shall be endorsed by the Office of Planning and Research. +(B) For purposes of this subdivision, “military installation” means any facility under the jurisdiction of the Department of Defense, as defined in paragraph (1) of subsection (e) of Section 2687 of Title 10 of the United States Code. +(17) “Goods movement-related infrastructure” including port facilities, roads, rail, and other facilities and projects that move goods, energy, and information. +(r) “Rate reduction bonds” has the meaning set forth in Section 840 of the Public Utilities Code. +(s) “Revenues” means all receipts, purchase payments, loan repayments, lease payments, and all other income or receipts derived by the bank or a sponsor from the sale, lease, or other financing arrangement undertaken by the bank, a sponsor, or a participating party, including, but not limited to, all receipts from a bond purchase agreement, and any income or revenue derived from the investment of any money in any fund or account of the bank or a sponsor and any receipts derived from transition property. Revenues shall not include moneys in the General Fund of the state. +(t) “Special purpose trust” means a trust, partnership, limited partnership, association, corporation, nonprofit corporation, or other entity authorized under the laws of the state to serve as an instrumentality of the state to accomplish public purposes and authorized by the bank to acquire, by purchase or otherwise, for retention or sale, the bonds of a sponsor or of the bank made or entered into pursuant to this division and to issue special purpose trust bonds or other obligations secured by these bonds or other sources of public or private revenues. Special purpose trust also means any entity authorized by the bank to acquire transition property or to issue rate reduction bonds, or both, subject to the approvals by the bank and powers of the bank as are provided by the bank in its resolution authorizing the entity to issue rate reduction bonds. +(u) “Sponsor” means any subdivision of the state or local government including departments, agencies, commissions, cities, counties, nonprofit corporations formed on behalf of a sponsor, special districts, assessment districts, and joint powers authorities within the state or any combination of these subdivisions that makes an application to the bank for financial assistance in connection with a project in a manner prescribed by the bank. This definition shall not be construed to require that an applicant have an ownership interest in the project. In addition, an electrical corporation shall be deemed to be the sponsor as well as the participating party for any project relating to the financing of transition costs and the acquisition of transition property on the request of the electrical corporation and any person, company, corporation, partnership, firm, or other entity or group engaged in business or operation within the state that applies for financing of any economic development facility, shall be deemed to be the sponsor as well as the participating party for the project relating to the financing of that economic development facility. +(v) “State” means the State of California. +(w) “Transition costs” has the meaning set forth in Section 840 of the Public Utilities Code. +(x) “Transition property” has the meaning set forth in Section 840 of the Public Utilities Code.","(1) The Bergeson-Peace Infrastructure and Economic Development Bank Act establishes the California Infrastructure and Economic Development Bank, within the Governor’s Office of Business and Economic Development, to be governed by a specified board of directors. The act makes findings and declarations, provides definitions, and authorizes the board to take various actions in connection with the bank, including the issuance of bonds, as specified. +This bill, among other things, would revise the definition of economic development facilities to include facilities that are used to provide goods movement and would define goods movement-related infrastructure. The bill would revise the definition of port facilities to specifically reference airports, landports, waterports, and railports. +(2) Existing law authorizes the Governor’s Office of Business and Economic Development and its director to expend funds relating to the Economic Adjustment Assistance Grant funded through the United States Economic Development Administration. +This bill would repeal these provisions, and would specify that, effective June 30, 2014, those funds are transferred to the Valley Economic Development Corporation pursuant to the terms and conditions agreed to by the United States Economic Development Administration, the Governor’s Office of Business and Economic Development, and the Valley Economic Development Center, Inc., on June 17, 2014.","An act to repeal and add Section 12098.7 of, and to amend Section 63010 of, the Government Code, relating to state government." +851,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) County assessors are required to follow complex state laws in the performance of their duties. +(b) The application of those laws is intended to provide consistent and accurate assessment practices across the state. +(c) It is the intent of the Legislature that the interests of taxpayers be protected by ensuring that decisions regarding eligibility of a property for exemption, other than homeowners’ exemptions, or whether a transaction is a change in ownership or qualifies for an exclusion from a change in ownership, or both, be made by staff who is certified to make those decisions. +(d) It is further the intent of the Legislature that implementation of education and certification requirements required by Section 3 of this act be undertaken in the most efficient and economical manner, utilizing existing resources of California county assessors with the advice and counsel of the State Board of Equalization. +SEC. 2. +Section 674 of the Revenue and Taxation Code is amended and renumbered to read: +681. +(a) All contracts for the performance of appraisal work for assessors by any person who is not an employee of the state, any county, or any city shall be entered into only after at least two competitive bids and shall be entered into either on a fixed fee basis or on the basis of an hourly rate with a maximum dollar amount. +(b) In addition to any provision in the Real Estate Appraisers’ Licensing and Certification Law (Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code), a contractor shall maintain the confidentiality of assessee information and records as provided in Sections 408, 451, and 481 that is obtained in performance of the contract. +(1) A request for information and records from an assessee shall be made by the assessor. The assessor may authorize a contractor to request additional information or records, if needed. However, a contractor shall not request that information or records without the written authorization of the assessor. +(2) A contractor shall not provide appraisal data in his or her possession to the assessor or a contractor of another county who is not a party to the contract. An assessor may provide that data to the assessor of another county as provided in subdivision (b) of Section 408. +(c) A contractor may not retain information contained in, or derived from, an assessee’s confidential information and records after the conclusion, termination, or nonrenewal of the contract. Within 90 days of the conclusion, termination, or nonrenewal of the contract, the contractor shall: +(1) Purge and return to the assessor any assessee records, whether originals, copies, or electronically stored, provided by the assessor or otherwise obtained from the assessee. +(2) Provide a written declaration to the assessor that the contractor has complied with this subdivision. +(d) All contracts entered into pursuant to subdivision (a) shall include a provision incorporating the requirements of subdivisions (b) and (c). This provision of the contract shall use language that is prescribed by the State Board of Equalization. +(e) For purposes of this section, a “contractor” means any person who is not an employee of the state, any county, or any city who performs appraisal work pursuant to a contract with an assessor. +SEC. 3. +Article 8.5 (commencing with Section 674) is added to Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation Code, to read: +Article 8.5. Assessment Analyst Certificates +674. +(a) An assessor or any person employed by the office of the county assessor shall not make decisions with regard to changes in ownership unless he or she is the holder of a valid assessment analyst certificate issued by the board. +(b) An assessor or any person employed by the office of the county assessor shall not make decisions with regard to property tax exemptions, except for homeowners’ exemption claims, unless he or she is the holder of a valid assessment analyst certificate issued by the board. +(c) The board shall provide for the examination of applicants for an assessment analyst certificate and may contract with the Department of Human Resources to give the examinations. Examinations shall be prepared by the board with the advice and assistance of a committee of five assessors selected by the California Assessors’ Association for this purpose. A certificate shall not be issued to any assessor or person employed by the office of the county assessor who has not attained a passing grade in the examination and demonstrated to the board that he or she is competent to make change in ownership or exemption decisions, or both, as that competency is defined in regulations duly adopted by the board. However, any applicant for a certificate who is denied a certificate pursuant to this section shall have a right to a review of that denial in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). +(d) This section does not apply to an assessor or any person employed by the office of the county assessor holding a valid appraiser’s or advanced appraiser’s certificate issued by the board. +(e) The board shall not impose any charge upon a county or city and county or an applicant for an examination or certification under this section or for training conducted by the board under Section 675. +675. +(a) (1) In order to retain a valid certificate, every certified assessment analyst shall complete at least 24 hours of training conducted or approved by the board in each one-year period. +(2) Any training time in excess of the 24-hour minimum that is accumulated in any one year shall be carried over as credit for future training requirements, with a limit of three years in which the carryover time may be credited. +(3) Failure to complete training in accordance with this subdivision shall constitute grounds for revocation of a certificate. A proceeding to revoke shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). +(4) Training shall include, but not be limited to, new developments in applicable case law, statutory law, and administrative rules. +(b) (1) The board shall issue an advanced assessment analyst certificate for an applicant that has held a certificate issued in accordance with Section 674 for at least three years and has done at least one of the following: +(A) Has successfully completed an advanced course of study prescribed pursuant to paragraph (2). +(B) Has passed an advanced level examination prepared pursuant to paragraph (2). +(2) The board, with the advice and assistance of five assessors selected by the California Assessors’ Association, shall prescribe an advanced course of study and prepare the advanced level examination. +(3) In order to retain a valid advanced assessment analyst certificate, every holder shall complete at least 12 hours of training in each one-year period. +(4) Any training time for the advanced assessment analyst certificate that is in excess of the 12-hour minimum accumulated in any one year shall be carried over as a credit for future training requirements, with a limit of two years in which the carryover time may be credited. +(5) Failure to complete training in accordance with this subdivision shall constitute grounds for revocation of an advanced assessment analyst certificate. A proceeding to revoke shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). +(6) Training to retain the advanced assessment analyst certificate shall include, but not be limited to, new developments in applicable case law, statutory law, and administrative rules. +676. +(a) At the time of certification, each applicant shall disclose, on forms provided by the board, his or her financial interest in any legal entity. Thereafter, the form shall be completed annually. +(b) If the applicant is also required to annually file with the Fair Political Practices Commission pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code, a duplicate of that filing shall meet the requirements of this section. +677. +The board may issue a temporary certificate to an assessor who is newly elected or appointed or to any person newly employed by the office of the county assessor in order to afford the person the opportunity to apply for and take an examination, the successful passage of which would qualify the person for a certificate pursuant to this article. The board shall not issue a temporary certificate for a duration that exceeds one year, unless the person has been duly elected or appointed to the office of assessor. The board shall not renew a temporary certificate. +678. +The board may issue an interim certificate to a current assessor or to any person who is currently employed by the office of the county assessor, and who is making change in ownership or exemption decisions in order to afford that person the opportunity to apply for and take an examination, the successful passage of which would qualify the person for a certificate pursuant to this article. The board shall not issue an interim certificate for a duration that exceeds four years, unless the person has been duly elected or appointed to the office of assessor. The board shall not renew an interim certificate. +679. +This article shall not be construed to impede an assessor from managing his or her staff resources efficiently, and in a manner that allows noncertificated staff to prepare and work with exemption applications and change in ownership documents, provided that the noncertificated staff are not responsible for making exemption or change in ownership decisions. +680. +This article shall only apply in counties or cities and counties that have passed a resolution upon the recommendation of the assessor to require certification as provided by this article.","Existing law provides for the annual assessment and collection of property taxes by each county, and provides for the state administration of the property tax by the State Board of Equalization. +The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, “full cash value” is defined as the assessor’s valuation of real property as shown on the 1975–76 tax bill under “full cash value” or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred. +Existing property tax law requires a transferee of real property or a manufactured home that is locally assessed to file a change in ownership statement with the assessor of the county in which the property or manufactured home is located, and also requires a corporation, partnership, limited liability company, or other legal entity to file a change in ownership statement with the board. +Existing property tax law also includes various property tax exemptions as authorized or established by the California Constitution. +This bill would prohibit an assessor or any person employed by the office of the county assessor from making decisions with regard to change in ownership, or with regard to property tax exemptions, except a homeowners’ exemption claim, unless he or she is the holder of a valid assessment analyst certificate issued by the board. The bill would require the board to provide for the examination of applicants for a certificate and would authorize the board to contract with the Department of Human Resources to give the examinations. The bill would require prescribed annual training for certification, and would also provide for advanced certification. Failure to complete training as required would be grounds for revocation. The bill would also authorize the board to issue temporary certificates and interim certificates under prescribed circumstances. This bill would specify that its provisions are not to be construed to impede assessors from managing their staff resources efficiently regarding exemption applications and change in ownership documents, provided that noncertificated staff are not responsible for making exemption or change in ownership decisions. This bill would provide that its provisions only apply in those counties and cities and counties that have passed a resolution upon the recommendation of the assessor to require certification as described above.","An act to amend and renumber Section 674 of, and to add Article 8.5 (commencing with Section 674) to Chapter 3 of Part 2 of Division 1 of, the Revenue and Taxation Code, relating to taxation." +852,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 103 of the Elections Code is amended to read: +103. +A voter who has signed an initiative, referendum, or recall petition pursuant to the Constitution or laws of this state shall have his or her signature withdrawn from the petition upon filing a written request that includes the voter’s name, residence address, and signature with the appropriate county elections official or city elections official prior to the day the petition is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104. +SEC. 2. +Section 3106 of the Elections Code is amended to read: +3106. +(a) A military or overseas voter who is living outside of the territorial limits of the United States or the District of Columbia, or is called for military service within the United States on or after the final date to make application for a vote by mail ballot, may return his or her ballot by facsimile transmission. To be counted, the ballot returned by facsimile transmission shall be received by the voter’s elections official no later than the closing of the polls on election day and shall be accompanied by an identification envelope containing all of the information required by Section 3011 and an oath of voter declaration in substantially the following form: +“OATH OF VOTER +I,, acknowledge that by returning my voted +ballot by facsimile transmission I have waived my right to have my ballot +kept secret. Nevertheless, I understand that, as with any vote by mail +voter, my signature, whether on this oath of voter form or my identification +envelope, will be permanently separated from my voted ballot to maintain +its secrecy at the outset of the tabulation process and thereafter. + +My residence address (last U.S. residence for voter qualification purposes) is(Street Address) _____ _____ (City) _____ _____ (ZIP Code). + +My current mailing address is(Street Address) _____ (City) _____ _____ (ZIP Code). + +My email address is _________________. My facsimile transmission +number is _________________. + +I am a resident of __________ County, State of California, or am qualified +as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of +the Elections Code and I have not applied, nor intend to apply, for a vote by +mail ballot from any other jurisdiction for the same election. + +I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. + +Dated this __________ day of ______, 20_____. + +(Signature) +(voter)(power of attorney cannot be accepted) + +YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE +ABOVE OATH AND INCLUDE IT WITH YOUR BALLOT AND +IDENTIFICATION ENVELOPE, ALL OF WHICH ARE RETURNED +BY FACSIMILE TRANSMISSION.” +(b) Notwithstanding the voter’s waiver of the right to a secret ballot, each elections official shall adopt appropriate procedures to protect the secrecy of ballots returned by facsimile transmission. +(c) Upon receipt of a ballot returned by facsimile transmission, the elections official shall determine the voter’s eligibility to vote by comparing the signature on the return information with the signature on the voter’s affidavit of registration or any signature permitted for comparison under Section 3019. The ballot shall be duplicated and all materials preserved according to procedures set forth in this code. +(d) Notwithstanding subdivision (a), a military or overseas voter who is permitted to return his or her ballot by facsimile transmission is, nonetheless, encouraged to return his or her ballot by mail or in person if possible. A military or overseas voter should return a ballot by facsimile transmission only if doing so is necessary for the ballot to be received before the close of polls on election day. +SEC. 3. +Section 4108 of the Elections Code is amended to read: +4108. +(a) Notwithstanding any other law and regardless of the number of eligible voters within its boundaries a district may, by resolution of its governing board, conduct any election by all-mailed ballots pursuant to Division 4 (commencing with Section 4000). +(b) (1) A district conducting an election by all-mailed ballots may consolidate its election with the election of one or more other legislative or congressional districts, public districts, cities, counties, or other political subdivisions if all of the elections to be consolidated will be: +(A) Held on the same day. +(B) Held in the same territory or in a territory that is in part the same. +(C) Conducted wholly by mail. +(2) A district consolidating its election pursuant to subdivision (a) shall order the consolidation pursuant to Section 10400. +(3) A district election that is consolidated with an all-mailed ballot election for a legislative or congressional district shall also comply with any additional statutory requirements that apply to the all-mailed ballot election for that legislative or congressional district. +(c) An election conducted pursuant to this section shall be held on a date prescribed in Section 1500 or on any other date other than an established election date. +SEC. 4. +Section 9602 of the Elections Code is amended to read: +9602. +A voter who has signed an initiative or referendum petition, and who subsequently wishes his or her name withdrawn, may do so by filing a written request for the withdrawal with the appropriate elections official that includes the voter’s name, residence address, and signature. This request shall be filed in the elections official’s office prior to the date the petition is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104. +SEC. 5. +Section 10404 of the Elections Code is amended to read: +10404. +(a) This section applies only to special districts electing members of the governing body in odd-numbered years. As used in this section, “special district” means an agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries, except a city, county, city and county, school or community college district, or special assessment district. +(b) Notwithstanding any other law, a governing body of a special district may, by resolution, require that its elections of governing body members be held on the same day as the statewide general election. +(1) The resolution setting the election shall also include dates that are consistent with the primary or general election with respect to nominations, notices, canvass of votes, certification of election, and all other procedural requirements of this code pertaining to the primary or general election. +(2) The resolution shall be submitted to the board of supervisors no later than 240 days prior to the date of the currently scheduled district election. +(c) The board of supervisors shall notify all districts located in the county of the receipt of the resolution to consolidate and shall request input from each district on the effect of consolidation. +(d) The elections official shall prepare and transmit to the board of supervisors an impact analysis of the proposed consolidation. +(e) The board of supervisors, within 60 days from the date of submission, shall approve the resolution unless it finds that the ballot style, voting equipment, or computer capacity is such that additional elections or materials cannot be handled. Prior to the adoption of a resolution to either approve or deny a consolidation request, the board or boards of supervisors shall each obtain from the elections official a report on the cost-effectiveness of the proposed action. +(f) Within 30 days after the approval of the resolution, the elections official shall notify all registered voters of the districts affected by the consolidation of the approval of the resolution by the board of supervisors. The notice shall be delivered by mail and at the expense of the district. +(g) Public notices of the proceedings in which the resolution is to be considered for adoption shall be made pursuant to Section 25151 of the Government Code. +(h) If a special district is located in more than one county, the special district may not consolidate an election if any county in which the special district is located denies the request for consolidation. +(i) If, pursuant to subdivision (b), a special district election is held on the same day as the statewide general election, those governing body members whose terms of office would have, prior to the adoption of the resolution, expired prior to that election shall, instead, continue in their offices until their successors are elected and qualified, but in no event shall the term be extended beyond December 31 of the year following the year in which the request for consolidation is approved by the board of supervisors. +(j) If a board of supervisors approves the resolution pursuant to subdivision (e), the special district election shall be conducted on the date specified by the board of supervisors, in accordance with subdivision (a), unless the approval is later rescinded by the board of supervisors. +(k) If the date of a special district election is changed pursuant to this section, at least one election shall be held before the resolution, as approved by the board of supervisors, may be subsequently repealed or amended. +SEC. 6. +Section 10505 of the Elections Code is amended to read: +10505. +The terms of office of elective officers in all new districts shall be determined as follows: +(a) If the district is formed in an odd-numbered year, the officers elected at the formation election shall hold office until noon on the first Friday in December of the next following odd-numbered year, provided officers elected at an election held on the first Tuesday after the first Monday in November shall hold office as provided in subdivision (c). +(b) If the district is formed in an even-numbered year, the officers elected at the formation election shall hold office until noon on the first Friday in December of the second next following odd-numbered year. +(c) The directors elected at the first general district election held in a district and at a formation election held at the same time as the general district election shall meet as soon as practicable after taking office and classify themselves by lot into two classes, as nearly equal in number as possible, and the terms of office of the class having the greater number shall be four years and the terms of office of the class having the lesser number shall be two years. All other elective officers elected at the election shall hold office for a term of four years or until their successor is elected and qualifies. +(d) Pursuant to Section 10404, a special district electing members of the governing body in odd-numbered years may, by resolution, require that its elections of governing body members be held on the same day as the statewide general election. +SEC. 7. +Section 11303 of the Elections Code is amended to read: +11303. +A voter who has signed a recall petition shall have his or her signature withdrawn from the petition upon filing a written request that includes the voter’s name, residence address, and signature with the elections official prior to the day the petition section bearing the voter’s signature is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104.","Existing law authorizes a voter who has signed an initiative, referendum, or recall petition to remove his or her name from the petition by filing a written request to do so with the appropriate county elections official prior to the day the petition is filed. +This bill would require the written request filed with the elections official to include the voter’s name, residence address, and signature. +Existing law sets forth procedures for voting by military or overseas voters, as defined, and permits a military or overseas voter to return his or her ballot by facsimile transmission, accompanied by an oath of voter declaration that includes the voter’s signature. Existing law prescribes the contents of the oath of voter declaration and requires, among other things, the voter to provide his or her current mailing address. +The bill would modify the oath of voter declaration form to indicate that the residence address is the last U.S. residence for voter qualification purposes. +Existing law permits a district to conduct an election by all-mailed ballots. Existing law also permits political subdivisions to consolidate their elections in certain circumstances. +The bill would permit a district conducting an election by all-mailed ballots to consolidate its election with one or more other political subdivisions that are also conducting their elections wholly by mail, if certain conditions are satisfied. +Existing law permits the governing body of a special district to consolidate its elections of governing body members in November of odd-numbered years with the statewide general election. +The bill would expand that authorization to special district elections of governing body members in any month of odd-numbered years.","An act to amend Sections 103, 3106, 4108, 9602, 10404, 10505, and 11303 of the Elections Code, relating to elections." +853,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 102230 of the Health and Safety Code is amended to read: +102230. +(a) (1) The State Registrar shall arrange and permanently preserve the certificates in a systematic manner and shall prepare and maintain comprehensive and continuous indices of all certificates registered. +(2) The birth, death, and marriage record indices prepared pursuant to paragraph (1) and all comprehensive birth, death, and marriage record indices prepared or maintained by local registrars and county recorders shall be kept confidential and shall be exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). +(3) Notwithstanding paragraph (2), the State Registrar, at his or her discretion, may release comprehensive birth, death, and nonconfidential marriage record indices to a government agency. The comprehensive birth record indices released to the county recorder shall be subject to the same restrictions applicable to the confidential portion of a certificate of live birth, as specified in Section 102430. Local registrars and county recorders, when requested, shall release their comprehensive birth, death, and marriage record indices to the State Registrar. Local registrars may release their comprehensive birth and death record indices to the county recorder within its jurisdiction for purposes of the preparation or maintenance of the indices of the county recorder. A government agency that obtains indices pursuant to this paragraph shall not sell or release the index or a portion of its contents to another person, except as necessary for official government business, and shall not post the indices or any portion of the indices on the Internet. +(b) (1) The State Registrar shall prepare and maintain separate noncomprehensive indices of all California birth, death, and nonconfidential marriage records for public release. +(2) For purposes of this section, noncomprehensive birth record indices for public release shall be comprised of first, middle, and last name, sex, date of birth, and place of birth. +(3) For purposes of this section, noncomprehensive death record indices for public release shall be comprised of first, middle, and last name, sex, date of birth, place of birth, place of death, date of death, and father’s last name. +(4) For purposes of this section, noncomprehensive nonconfidential marriage record indices for public release shall be comprised of the name of each party to the marriage and the date of marriage. +(5) Requesters of the birth, death, or nonconfidential marriage record indices prepared pursuant to this subdivision shall provide proof of identity, complete a form, and sign the form under penalty of perjury. The form shall include all of the following: +(A) The proposed use of the birth, death, or nonconfidential marriage record indices. +(B) A disclaimer crediting analyses, interpretations, or conclusions reached regarding the birth, death, or nonconfidential marriage record indices to the author and not to the State Department of Public Health. +(C) Assurance that technical descriptions of the birth, death, or nonconfidential marriage record indices are consistent with those provided by the State Department of Public Health. +(D) Assurance that the requester shall not sell, assign, or otherwise transfer the birth, death, or nonconfidential marriage record indices. +(E) Assurance that the requester shall not use the birth or death record indices for fraudulent purposes. +(6) Birth, death, and nonconfidential marriage record indices obtained pursuant to this subdivision, and any portion thereof, shall not be used for fraudulent purposes. +(c) (1) The State Registrar shall prepare and maintain separate noncomprehensive indices of all California birth, death, and nonconfidential marriage records for purposes of law enforcement or preventing fraud. +(2) For purposes of this section, noncomprehensive birth record indices for the purpose of preventing fraud shall be comprised of first, middle, and last name, sex, date of birth, place of birth, and mother’s maiden name. +(3) For purposes of this section, noncomprehensive death record indices for the purpose of preventing fraud shall be comprised of first, middle, and last name, place of death, mother’s maiden name, sex, social security number, date of birth, place of birth, date of death, and father’s last name. +(4) For purposes of this section, noncomprehensive nonconfidential marriage record indices for the purpose of preventing fraud shall be comprised of the name of each party to the marriage and the date of marriage. +(5) The birth, death, and nonconfidential marriage record indices prepared pursuant to this subdivision shall be made available to financial institutions, as defined in Section 6827(4)(A) and (B) of Title 15 of the United States Code, its representatives or contractors, consumer credit reporting agencies, as defined in subdivision (d) of Section 1785.3 of the Civil Code, its representatives or contractors, those entities providing information services for purposes of law enforcement or preventing fraud, officers of the court for the sole purpose of verifying a death, and to persons or entities acting on behalf of law enforcement agencies or the court, or pursuant to a court order. +(6) The birth, death, and nonconfidential marriage record indices prepared pursuant to this subdivision may be released to a government agency. +(7) Requesters of the birth, death, or nonconfidential marriage record indices prepared pursuant to this subdivision shall provide proof of identity, complete a form, and sign the form under penalty of perjury. The form shall include all of the following: +(A) An agreement not to release or allow public access to the birth, death, or nonconfidential marriage record indices, and an agreement not to post the indices on the Internet, except as permitted by this subdivision. +(B) The proposed use of the birth, death, or nonconfidential marriage record indices. +(C) The names of all persons within the organization, if applicable, who will have access to the birth, death, or nonconfidential marriage record indices. +(D) A disclaimer crediting analyses, interpretations, or conclusions reached regarding the birth, death, or nonconfidential marriage record indices to the author and not to the State Department of Public Health. +(E) Assurance that technical descriptions of the birth, death, or nonconfidential marriage record indices are consistent with those provided by the State Department of Public Health. +(F) Assurance that the requester shall not sell, assign, or otherwise transfer the birth, death, or nonconfidential marriage record indices, except as permitted by this subdivision. +(G) Assurance that the requester shall not use the birth, death, or nonconfidential marriage record indices for fraudulent purposes. +(8) (A) Birth, death, and nonconfidential marriage record indices, and any portion thereof, obtained pursuant to this section, shall not be used for fraudulent purposes and shall not be posted on the Internet. +(B) Notwithstanding subparagraph (A), individual information contained in birth, death, and nonconfidential marriage record indices may be posted on the Internet if all of the following requirements are met: +(i) The individual information is posted on an Internet Web site that is protected by a password. +(ii) The individual information is posted on an Internet Web site that is available to subscribers only for a fee. +(iii) The individual information is not posted for public display. +(iv) The individual information is available to subscribers pursuant to a contractual agreement. +(v) The individual information is posted for purposes of law enforcement or preventing fraud. +(d) Mail-in requests from nongovernmental agencies for birth, death, and nonconfidential marriage record indices requested pursuant to subdivisions (b) and (c) shall include a notarized statement attesting to the identity of the requester. +(e) Noncomprehensive birth, death, and nonconfidential marriage record indices pursuant to subdivisions (b) and (c) shall be updated annually. +(f) Birth, death, and nonconfidential marriage record indices provided pursuant to this section shall be made available subject to cost recovery provisions of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). +(g) Noncomprehensive birth, death, and nonconfidential marriage record indices created by local registrars or county recorders shall be subject to the conditions for release required by this section. +(h) A person or entity that obtains a birth, death, or nonconfidential marriage record index, or any portion thereof, from a requester who has obtained the index in accordance with paragraph (7) of subdivision (c) shall not sell, assign, or otherwise transfer that index, or any portion thereof, to a third party. +(i) Paragraphs (2) and (3) of subdivision (a) and subdivisions (b) to (h), inclusive, shall be implemented only to the extent that funds for these purposes are appropriated by the Legislature in the annual Budget Act or other statute. +SEC. 2. +Section 103526.5 of the Health and Safety Code is amended to read: +103526.5. +(a) Each certified copy of a birth, death, or marriage record issued pursuant to Section 103525 shall include the date issued, the name of the issuing officer, the signature of the issuing officer, whether that is the State Registrar, local registrar, county recorder, or county clerk, or an authorized facsimile thereof, and the seal of the issuing office. +(b) All certified copies of birth, death, and marriage records issued pursuant to Section 103525 shall be printed on chemically sensitized security paper that measures 8 +1/2 +inches by 11 inches and that has the following features: +(1) Intaglio print. +(2) Latent image. +(3) Fluorescent, consecutive numbering with matching barcode. +(4) Microprint line. +(5) Prismatic printing. +(6) Watermark. +(7) Void pantograph. +(8) Fluorescent security threads. +(9) Fluorescent fibers. +(10) Any other security features deemed necessary by the State Registrar. +(c) (1) The State Registrar may suspend the use of any security feature described in subdivision (b) if necessary to enable the State Registrar, local registrar, county recorder, or county clerk to supply an applicant with a certified copy of a birth, death, or marriage record issued pursuant to Section 103525. +(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this subdivision through all-county letters or similar instructions from the State Registrar without taking regulatory action. +(d) The State Registrar, local registrars, county recorders, and county clerks shall take precautions to ensure that uniform and consistent standards are used statewide to safeguard the security paper described in subdivision (b), including, but not limited to, the following measures: +(1) Security paper shall be maintained under secure conditions so as not to be accessible to the public. +(2) A log shall be kept of all visitors allowed in the area where security paper is stored. +(3) All spoilage shall be accounted for and subsequently destroyed by shredding on the premises. +SEC. 3. +Section 103526.6 is added to the Health and Safety Code, to read: +103526.6. +(a) The State Registrar, in consultation with the County Recorders’ Association of California and other stakeholders, shall study all security features for paper used to print a vital record pursuant to Section 103525, or alternative security features that are equal to or better than those that are currently mandated. +(b) (1) On or before January 1, 2018, the State Registrar shall submit to the Legislature a report that contains the findings of the study conducted pursuant to subdivision (a) and legislative recommendations pertaining to those findings. +(2) A report submitted to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order for the State Registrar to allow individuals access to their vital records and to conduct a study regarding all security features for paper used to print a vital record, or alternative security features that are equal to or better than those that are currently mandated, as soon as possible, and to ensure timely reporting of the findings of that study to the Legislature, it is necessary that this act take effect immediately.","Existing law requires the State Registrar to administer the registration of births, deaths, fetal deaths, and marriages. Existing law requires the State Registrar to arrange and permanently preserve the certificates in a systematic manner and to prepare and maintain a comprehensive and continuous index of all certificates registered. Existing law requires that specified birth, death, and marriage record indices prepared or maintained by local registrars and county recorders be kept confidential. Existing law requires, notwithstanding these provisions, local registrars and county recorders to release, when requested, their comprehensive birth, death, and nonconfidential marriage record indices to the State Registrar. +This bill would additionally authorize the local registrar to release birth and death record indices to the county recorder within its jurisdiction for purposes of the preparation or maintenance of the indices of the county recorder. The bill would extend application of specified access restrictions applicable to confidential portions of certificates of live birth to confidential birth record indices. +Existing law prescribes specified personal information to be included on birth, death, and marriage certificates. Under existing law, a certified copy of a birth or death record may only be supplied by the State Registrar, local registrar, or county recorder to an authorized person, as defined, who submits a statement sworn under penalty of perjury that the applicant is an authorized person. Existing law also requires that each certified copy of a birth, death, or marriage record contain specified information and be printed on sensitized security paper with specified security features, including, among others, intaglio print. +This bill would authorize the State Registrar to suspend the use of any security feature if necessary to enable the State Registrar, local registrar, county recorder, or county clerk to supply an applicant with a certified copy of a birth, death, or marriage record. The bill would authorize the State Department of Public Health to implement this provision through all-county letters or similar instructions, as specified. +Existing law requires the State Registrar to appoint a Vital Records Protection Advisory Committee to study and make recommendations to protect individual privacy, inhibit identity theft, and prevent fraud involving birth, death, and marriage certificates while providing needed access to the information contained in those records by persons seeking it for a legitimate purpose. +This bill would require the State Registrar, in consultation with the County Recorders’ Association of California and other stakeholders, to study all security features for paper used to print a vital record, or alternative security features that are equal to or better than those that are currently mandated. The bill would require the State Registrar to submit a report to the Legislature, on or before January 1, 2018, that contains the findings of that study and legislative recommendations pertaining to those findings. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 102230 and 103526.5 of, and to add Section 103526.6 to, the Health and Safety Code, relating to vital records, and declaring the urgency thereof, to take effect immediately." +854,"The people of the State of California do enact as follows: + + +SECTION 1. +Part 13.5 (commencing with Section 31001) is added to Division 2 of the Revenue and Taxation Code, to read: +PART 13.5. Medical Marijuana Tax Law +CHAPTER 1. General Provisions and Definitions +31001. +This part shall be known and may be cited as the Medical Marijuana Tax Law. +31002. +As used in this part, the following terms have the following definitions: +(a) “Cultivator” means a person that is licensed as a cultivator for purposes of medical marijuana regulation under the Business and Professions Code. +(b) “Distribution” has the same meaning as that term is defined for purposes of medical marijuana regulation in the Business and Professions Code. +(c) “Licensed distributor” means a person that is licensed as a distributor for purposes of medical marijuana regulation under the Business and Professions Code. +(d) “Sale” means the transfer of title or possession for consideration in any manner or by any means whatever. +(e) “Qualified nonprofit organization” means an organization exempt from tax as an organization described in Section 501(c)(3) of the Internal Revenue Code . +CHAPTER 2. Imposition of Tax +31005. +(a) On and after the operative date set forth in Section 31030, for the privilege of distributing marijuana flowers, marijuana leaves, and immature marijuana plants, a tax is hereby imposed upon all cultivators at a rate of $9.25 per ounce of marijuana flowers, $2.75 per ounce of marijuana leaves, and $1.25 per immature marijuana plant from the sale of all marijuana flowers, marijuana leaves, and immature marijuana plants distributed to a licensed distributor in this state. +(b) The licensed distributor shall collect the tax from the cultivator and shall separately state the amount of the tax imposed under this part on the purchase order, which shall be given by the licensed distributor to the cultivator at the time of sale. +(c) There are exempted from the taxes imposed by this part, sales by a cultivator that the state is prohibited from taxing under the Constitution or laws of the United States or the Constitution of this state. Any claim for exemption from the tax imposed by this part shall be made to the board in the manner prescribed by the board. +31006. +The Legislative Analyst’s Office shall regularly review the tax levels established under this part, at a minimum of every other year, beginning in 2018, and make recommendations to the Legislature, as appropriate, regarding adjustments that would further the goal of addressing public safety and the environmental impacts caused by the proliferation of marijuana cultivation. +CHAPTER 3. Administration +31010. +(a) The board shall administer and collect the tax imposed by this part pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code) with those changes as may be necessary to conform to this section. For purposes of this part, the references in the Fee Collection Procedures Law to “fee” shall include the tax imposed by this part, and references to “feepayer” shall include a person required to pay the tax imposed by this part. +(b) The tax that is required to be collected by the licensed distributor, and any amount unreturned to the medical marijuana cultivator that is not owed as part of the tax, but was collected from the cultivator under the representation by the licensed distributor that it was owed as a tax, constitutes debts owed by the licensed distributor to the state. +(c) A cultivator is liable for the tax until it has been paid to the state, except that payment to the licensed distributor relieves the cultivator from further liability for the tax. Any tax collected from a cultivator that has not been remitted to the board shall be a debt owed to the state by the licensed distributor required to collect and remit the tax. This part does not impose any obligation upon the licensed distributor to take any legal action to enforce the collection of the tax imposed by this part. +31011. +(a) The board may prescribe, adopt, and enforce regulations relating to the implementation, administration, and enforcement of this part, including, but not limited to, applicant requirements, collections, reporting, refunds, and appeals. +(b) The board may prescribe, adopt, and enforce any emergency regulations as necessary to implement this part. Any emergency regulation prescribed, adopted, or enforced pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. +31012. +(a) The tax is due and payable to the board quarterly on or before the last day of the month following each calendar quarter. +(b) On or before the last day of the month following each calendar quarter, a return for the preceding calendar quarter shall be filed with the board. +(c) Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the board. +31013. +(a) The Marijuana Production and Environment Mitigation Fund is hereby created in the State Treasury. All taxes, interest, penalties, and other amounts collected and paid to the board pursuant to this part, less payments of refunds and costs of administration, shall be deposited in the fund. +(b) Notwithstanding Section 13340 of the Government Code, all moneys deposited in the Marijuana Production and Environment Mitigation Fund are hereby continuously appropriated, without regard to fiscal years, in the following manner: +(1) Thirty-five percent to the Department of Food and Agriculture for disbursement for local law enforcement-related activities pertaining to illegal marijuana cultivation. Funds allocated pursuant to this paragraph shall be allocated on a competitive grant application process administered by the Department of Food and Agriculture. The Department of Food and Agriculture shall promulgate guidelines for the grant process as soon as administratively possible, but no later than April 1, 2017. +(2) Thirty-five percent to the Natural Resources Agency to fund a competitive grant program for environmental cleanup restoration, and protection of public and private lands that have been damaged by illegal marijuana cultivation. Where appropriate, the agency may administer funds using programs established pursuant to Section 5750 of the Public Resources Code, subdivision (a) and paragraph (1) of subdivision (l) of Section 75050 of the Public Resources Code. Funds allocated pursuant to this paragraph shall be prioritized to restoration and cleanup projects, on public or private lands, based on the level of damages that have occurred. Not less than 35 percent of the funds shall be used for these purposes related to public lands, and not less than 20 percent of the funds shall be used for these purposes related to private lands. The agency shall consult and partner with counties, cities, or cities and counties, and may partner with qualified nonprofit organizations, other appropriate state agencies, and the appropriate federal entities, including, but not limited to, the United States Department of Agriculture and the United States Department of the Interior, for the purposes of awarding grants to state or local government entities and qualified nonprofit organizations that engage in environmental cleanup and restoration. The agency shall promulgate guidelines for the grant process as soon as administratively possible, but no later than April 1, 2017. +(3) Thirty percent to the multiagency task force, the Department of Fish and Wildlife and State Water Resources Control Board pilot project, to address the environmental impacts of marijuana cultivation on public and private lands in California and other state enforcement-related activities from illegal marijuana cultivation. +CHAPTER 4. Report to the Legislature +31020. +(a) The board shall submit a report to the Legislature on the total amount of revenue that was collected for the two-year period commencing on the operative date of this part. The report is due to the Legislature on or before the last day of the month commencing 180 days after the two-year period commencing on the operative date of this part. +(b) The report required by this section shall be submitted in compliance with Section 9795 of the Government Code. +CHAPTER 5. Operative Date and Funding +31030. +This part shall become operative on or after the first day of the first calendar quarter commencing more than 270 days after adequate funding has been received by the board to implement and administer this part. The board shall post a notice on its Internet Web site when this condition has been satisfied. +31031. +Funds for the establishment and support of the activities required pursuant to this part shall be advanced as a General Fund or special fund loan, and shall be repaid by the board from the initial proceeds from taxes collected pursuant to this part, no later than six months after the operative date specified in Section 31030. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use and cultivation of marijuana for medical purposes. Existing law makes it a crime to plant, cultivate, harvest, dry, or process marijuana, except as otherwise authorized by law. Under existing law, qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate in order collectively and cooperatively to cultivate marijuana for medical purposes, are not subject to criminal sanctions solely on the basis of that fact. +The Fee Collection Procedures Law, among other things, provides for the administration of fee programs by the State Board of Equalization, establishes procedures for collection, reporting, return, refund, and appeals, and authorizes the board to adopt regulations relating to administration and enforcement of the law. The Fee Collection Procedures Law establishes criminal penalties for specified acts, including making it a misdemeanor to knowingly or willfully file a false return and making it a felony to willfully evade or attempt to evade or defeat the payment of a fee. +This bill would impose a tax in specified amounts on the distribution in this state by a cultivator, as defined, of marijuana flowers, marijuana leaves, and immature marijuana plants to a licensed distributor, as specified, and would require the licensed distributor to collect the tax from the cultivator and remit it to the board. The bill would require the board to collect the tax pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would require all moneys, less refunds and costs of administration, to be deposited into the Marijuana Production and Environment Mitigation Fund, which this bill would establish in the State Treasury, and would continuously appropriate the moneys in that fund to the board for allocation, as specified. +By expanding the application of the Fee Collection Procedures Law, which imposes criminal penalties for various acts, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of +2/3 +of the membership of each house of the Legislature.","An act to add Part 13.5 (commencing with Section 31001) to Division 2 of the Revenue and Taxation Code, relating to medical marijuana, and making an appropriation therefor." +855,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known and may be cited as the California Israel Commerce Protection Act. +SEC. 2. +The Legislature finds and declares as follows: +(a) The United States and Israel have a unique bond based on their shared, enduring values, which are reflected in the virtues and principles of freedom and democracy, and have stood together as allies since Israel was first formed as a nation. +(b) For years, California and Israel have established business partnerships and trade relations with each other, and those partnerships have helped enhance the agricultural, educational, energy, entertainment, health, medical, scientific, and water policies in California, Israel, and the United States. +(c) On March 5, 2014, as the culmination of an effort started as Assembly Bill 1032 of the 2009–10 Regular Session, the Governor of California and the Prime Minister of Israel signed a memorandum of understanding (MOU) for strategic partnerships for joint innovation, exchanges, and cooperation between California and Israel. +(d) In July 2015, the Legislature affirmed its support for the MOU by passing Senate Concurrent Resolution 25, noting that participants in the MOU had already expanded cooperation between Israel and California in areas such as alternative energy, agriculture, business innovation, and academia, and declaring that collaboration with Israel will foster peace and democracy in the Middle East. +(e) Public retirement systems in this state currently invest on behalf of the citizens of California in publicly traded foreign companies that may be at risk due to ties with businesses that are publicly boycotting Israel. +(f) Investments in publicly traded foreign companies that have business operations with a company that boycotts Israel risk the pensions of the dedicated public employees of this state. +(g) Excluding and divesting from companies that boycott Israel and from portfolios that include those companies will help protect the public retirement systems in this state from investment losses related to these business activities and may improve the investment performance of the public retirement systems. +(h) Israel is recognized around the world as the strongest democratically elected government in the Middle East and is an American ally, and that nation’s democracy and relationship with the United States add to the security and strength of California. +(i) It is unconscionable for this state to invest in companies that boycott Israel, as California has long standing social, political, and economic partnerships with the State of Israel. +SEC. 3. +Section 16649.80 of the Government Code is amended to read: +16649.80. +The definitions in this section shall govern the construction and interpretation of this chapter. +(a) “Investment” or “invest” means the commitment of funds or other assets to a business firm, including a loan or other extension of credit made to that firm, or security given for the other assets to that business enterprise, or the beneficial ownership or control of a share or interest in that business firm, or of a bond or other debt instrument issued by that business firm. +(b) “Business firm” means any foreign or domestic organization, association, corporation, partnership, venture, or other entity, its subsidiary, or affiliate which exists for profitmaking purposes or to otherwise secure economic advantage, other than a financial institution. +(c) “Financial institution” means any foreign or domestic bank, bank holding company, savings and loan association, or credit union, or any foreign or domestic insurance company, brokerage firm, securities firm, investment company, mortgage banking company, finance company, personal property broker, mortgage loan broker, or consumer credit company, or any affiliate or subsidiary thereof. +(d) “Business arrangements” means projects, ventures, undertakings, contractual relations, or other efforts requiring ongoing or periodic performance by either or both parties. +(e) “Discriminatory business practices” means business arrangements that are prohibited by Sections 16721 and 16721.5 of the Business and Professions Code. +(f) “State trust moneys” means funds administered by the Public Employees’ Retirement Fund, the Legislators’ Retirement Fund, the State Teachers’ Retirement Fund, the Judges’ Retirement Fund, the Judges’ Retirement System II Fund, the Volunteer Firefighter Fund, the General Fund portion of the University of California Retirement Fund, and any funds invested pursuant to this part. +(g) “State trust fund” means the Public Employees’ Retirement Fund, the Legislators’ Retirement Fund, the State Teachers’ Retirement Fund, the Judges’ Retirement Fund, the Judges’ Retirement System II Fund, the Volunteer Firefighter Fund, and any investment fund created by this part. +(h) “State moneys” means all money, bonds, and securities in possession of or collected by any state agency. +(i) “Compliance with the Arab League’s economic boycott of Israel” means taking any action, with respect to the boycott of Israel by Arab countries, which is prohibited by the United States Export Administration Act of 1979. +(j) “Compliance with the boycott of Israel” means taking any action in compliance with an action by a foreign government, international organization, or affiliated agency of an international organization, that is politically motivated and intended to penalize or otherwise limit commercial relations specifically with Israel or persons doing business in Israel or in Israeli-controlled territories. +SEC. 4. +Section 16649.81 of the Government Code is amended to read: +16649.81. +(a) +On or after January 1, 1994, state trust moneys shall not be used to make additional or new investments or to renew existing investments in business firms that engage in discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel. +(b) On or after January 1, 2017, state trust moneys shall not be used to make additional or new investments or to renew existing investments in business firms that engage in discriminatory business practices in furtherance of or in compliance with the boycott of Israel. +SEC. 5. +Section 16649.82 of the Government Code is amended to read: +16649.82. +(a) Subdivision (a) of +Section 16649.81 shall not apply to any business firm +which, +that, +by resolution of its governing body, adopts a policy not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel. The resolution required by this section shall include the following statement: “____ (name of business firm) agrees not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel.” +(b) Subdivision (b) of Section 16649.81 shall not apply to any business firm that, by resolution of its governing body, adopts a policy not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the boycott of Israel. The resolution required by this section shall include the following statement: “____ (name of business firm) agrees not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the boycott of Israel.” +SEC. 6. +Section 16649.83 of the Government Code is amended to read: +16649.83. +(a) +On or after January 1, 1994, state trust moneys shall not be used to make additional or new investments or to renew existing investments in financial institutions that engage in discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel. +(b) On or after January 1, 2017, state trust moneys shall not be used to make additional or new investments or to renew existing investments in financial institutions that engage in discriminatory business practices in furtherance of or in compliance with the boycott of Israel. +SEC. 7. +Section 16649.84 of the Government Code is amended to read: +16649.84. +(a) Subdivision (a) of +Section 16649.83 shall not apply to any financial institution +which, +that, +by resolution of its governing body, adopts a policy not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel. The resolution required by this section shall include the following statement: “____ (name of financial institution) agrees not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel.” +(b) Subdivision (b) of Section 16649.83 shall not apply to any financial institution that, by resolution of its governing body, adopts a policy not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the boycott of Israel. The resolution required by this section shall include the following statement: “____ (name of financial institution) agrees not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the boycott of Israel.” +SEC. 8. +Section 16649.85 is added to the Government Code, to read: +16649.85. +Beginning January 1, 2017, and annually thereafter, state trust funds shall use the most recent federal report on politically motivated acts of boycott, divestment from, and sanctions against Israel to determine which business firms and financial institutions engage in discriminatory business practices in furtherance of or in compliance with the boycott of Israel. +SEC. 9. +Section 16649.86 of the Government Code is amended to read: +16649.86. +(a) A copy of a resolution, as described in Sections 16649.82 and 16649.84, shall be submitted to the Treasurer and to the chief administrative officer of each state trust fund. Information shall also be submitted by business firms that provides a description of the discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel +or in compliance with the boycott of Israel +in existence as of the date of the resolution. +(b) The copy of a resolution shall be accompanied by a certification, under penalty of perjury, that the adopted policy is being complied with. Annually thereafter a certification, under penalty of perjury, that the adopted policy is being complied with shall be submitted to the Treasurer. +(c) The resolution and the information submitted to the Treasurer shall be deemed public documents and shall be open to public inspection. +SEC. 10. +Section 16649.88 of the Government Code is amended to read: +16649.88. +(a) +Effective January 1, 1998, state trust funds shall not make or hold any investment in any business firm or financial institution that engages in discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel. +(b) Effective January 1, 2017, state trust funds shall not make or hold any investment in any business firm or financial institution that engages in discriminatory business practices in furtherance of or in compliance with the boycott of Israel. +SEC. 11. +Section 16649.89 of the Government Code is amended to read: +16649.89. +(a +) +State moneys shall not be deposited with financial institutions that, following January 1, 1994, engage in discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel. +(b) State moneys shall not be deposited with financial institutions that, following January 1, 2017, engage in discriminatory business practices in furtherance of or in compliance with the boycott of Israel.","Existing law prohibits state trust funds, as defined, from making, holding, or renewing investments in business firms or financial institutions that engage in discriminatory business practices in furtherance of, or in compliance with, the Arab League’s economic boycott of Israel, as specified. Existing law also prohibits state moneys, as defined, from being deposited with financial institutions that engage in those discriminatory business practices. +This bill would enact the California Israel Commerce Protection Act. The bill would additionally apply those prohibitions to investment in business firms or financial institutions that engage in discriminatory business practices in furtherance or in compliance with the boycott of Israel, as defined. The bill would require state trust funds to use the most recent federal report on politically motivated acts of boycott, divestment from, and sanctions against Israel to determine which business firms and financial institutions engage in those practices. The bill would make conforming changes and related findings and declarations.","An act to amend Sections 16649.80, 16649.81, 16649.82, 16649.83, 16649.84, 16649.86, 16649.88, and 16649.89 of, and to add Section 16649.85 to, the Government Code, relating to state funds." +856,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4875 of the Welfare and Institutions Code is amended to read: +4875. +For purposes of this chapter: +(a) “ABLE account” or “account” means the account established and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account. +(b) “Administrative fund” means the fund used to administer this chapter. +(c) “Board” means the California ABLE Act Board established under this chapter. +(d) “California ABLE Program Trust” or “ABLE program trust” means the trust created pursuant to this chapter. +(e) “Designated beneficiary” means the eligible individual who established an ABLE account and is the owner of the account. +(f) “Eligible individual” means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 26 years of age, and during that taxable year either of the following criteria are satisfied: +(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 26 years of age. +(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act. +(g) “Federal ABLE Act” means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014. +(h) “Investment management” means the functions performed by a manager contracted to perform functions delegated by the board. +(i) “Investment manager” means a manager contracted to perform functions delegated by the board. +(j) “Program fund” means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust. +(k) “Qualified ABLE Program” or “program” means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code. +(l) “Qualified disability expenses” means any expenses related to the eligible individual’s blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: education, housing, transportation, employment training and support, assistive technology and personal support services, health, prevention and wellness, financial management and administrative services, legal fees, expenses for oversight and monitoring, funeral and burial expenses, and other expenses, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act. +SEC. 2. +Section 4877 of the Welfare and Institutions Code is amended to read: +4877. +(a) There is hereby created an instrumentality of the State of California to be known as the California ABLE Program Trust. +(b) The purposes, powers, and duties of the California ABLE Program Trust are vested in, and shall be exercised by, the board. +(c) The board, in the capacity of trustee, shall have the power and authority to do all of the following: +(1) Sue and be sued. +(2) (A) Make and enter into contracts necessary for the administration of the ABLE program trust, and engage personnel, including consultants, actuaries, managers, counsel, and auditors, as necessary for the purpose of rendering professional, managerial, and technical assistance and advice. +(B) Subdivision (a) of Section 10365.5 of the Public Contract Code shall not apply to a contract with a program consultant for the qualified ABLE program. Any contract with a program consultant for the qualified ABLE program that would have been prohibited by that subdivision shall be publicly disclosed in a manner specified by the board prior to entering into the contract. +(3) Adopt a corporate seal and change and amend it from time to time. +(4) Cause moneys in the program fund to be held and invested and reinvested. +(5) Accept any grants, gifts, appropriations, and other moneys from any unit of federal, state, or local government or any other person, firm, partnership, or corporation for deposit to the administrative fund or the program fund. +(6) Enter into agreements with designated beneficiaries or eligible individuals to establish and maintain an ABLE account. +(7) Make provisions for the payment of costs of administration and operation of the ABLE program trust. +(8) Carry out the duties and obligations of the ABLE program trust pursuant to this chapter and the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code and federal regulations issued pursuant to that code, and have any other powers as may be reasonably necessary for the effectuation of the purposes, objectives, and provisions of this chapter. +(9) Carry out studies and projections in order to advise designated beneficiaries or eligible individuals regarding present and estimated future qualified disability expenses and the levels of financial participation in the ABLE program trust required in order to assist designated beneficiaries or eligible individuals. +(10) Participate in any other way in any federal, state, or local governmental program for the benefit of the ABLE program trust. +(11) Promulgate, impose, and collect administrative fees and charges in connection with transactions of the ABLE program trust, and provide for reasonable service charges, including penalties for cancellations. +(12) Set minimum and maximum investment levels. +(13) Administer the funds of the ABLE program trust. +(14) Procure insurance against any loss in connection with the property, assets, or activities of the ABLE program trust. +(15) Procure insurance indemnifying any member of the board from personal loss or liability resulting from a member’s action or inaction as a member of the board. +(d) The Treasurer shall, on behalf of the board, appoint an executive director, who shall not be a member of the board and who shall serve at the pleasure of the board. The Treasurer shall determine the duties of the executive director and other staff as necessary and set his or her compensation. The board may authorize the executive director to enter into contracts on behalf of the board or conduct any business necessary for the efficient operation of the board. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to allow ABLE accounts to be accessed at the earliest possible time, it is necessary that this act take effect immediately.","Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), encourages and assists individuals and families to save private funds for the purpose of supporting persons with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a beneficiary of a qualified ABLE program established and maintained by a state, as specified. +Existing law conforms to these federal income tax law provisions relating to the ABLE Act under the Personal Income Tax Law and the Corporation Tax Law, as provided. Existing law defines “eligible individual” for these purposes. Existing law establishes in state government the ABLE program trust for purposes of implementing the federal ABLE Act. Existing law also establishes the ABLE Act Board and authorizes the board to adopt regulations to implement the program. +The existing State Contract Act, in connection with contracts entered into by any state agency for services to be rendered to the state, prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for, or being awarded a contract for, the provision of services, the procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract. A willful violation of these provisions is a misdemeanor, under other provisions. +This bill would modify the definition of “eligible individual.” The bill would also exempt the ABLE Act Board from the above prohibition in the State Contract Act for a contract with a program consultant for the qualified ABLE program but would require such a contract to be publicly disclosed in a manner specified by the board prior to entering into the contract. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 4875 and 4877 of the Welfare and Institutions Code, relating to taxation, and declaring the urgency thereof, to take effect immediately." +857,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 38134 of the Education Code, as amended by Section 2 of Chapter 764 of the Statutes of 2012, is amended to read: +38134. +(a) (1) The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following: +(A) The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA. +(B) A parent-teacher association. +(C) A school-community advisory council. +(D) A recreational youth sports league that charges participants no more than a nominal fee. As used in this subparagraph, “nominal fee” means an average of no more than sixty dollars ($60) per month. +(2) This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district. +(b) Except as otherwise provided by law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs. +(c) The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131. +(d) The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school district’s direct costs. +(e) In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds. +(f) If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of the facilities or grounds by that entity may be denied. +(g) As used in this section: +(1) “Direct costs” to the school district for the use of school facilities or grounds includes all of the following: +(A) The share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section to operate and maintain school facilities or grounds that is proportional to the entity’s use of the school facilities or grounds under this section. +(B) The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the school facilities or grounds by the entity using the school facilities or grounds under this section as follows: +(i) For purposes of this subparagraph, “school facilities” shall be limited to only nonclassroom space, and “school grounds” shall include, but not necessarily be limited to, playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts. +(ii) The share of the cost for maintenance, repair, restoration, and refurbishment shall not apply to: +(I) Classroom-based programs that operate after school hours, including, but not necessarily limited to, after school programs, tutoring programs, or child care programs. +(II) Organizations retained by the school or school district to provide instruction or instructional activities to pupils during school hours. +(iii) Funds collected under this subparagraph shall be deposited into a special fund that shall only be used for purposes of this section. +(2) “Fair rental value” means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized. +(h) By December 31, 2013, the Superintendent shall develop, and the state board shall adopt, regulations to be used by a school district in determining the proportionate share and the specific allowable costs that a school district may include as direct costs for the use of its school facilities or grounds. +(i) (1) A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks, and shall each bear the costs of defending itself against claims arising from those risks. +(2) Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for injuries caused by a dangerous condition of public property. +(j) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 2. +Section 38134 of the Education Code, as added by Section 3 of Chapter 764 of the Statutes of 2012, is amended to read: +38134. +(a) (1) The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following: +(A) The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA. +(B) A parent-teacher association. +(C) A school-community advisory council. +(D) A recreational youth sports league that charges participants no more than a nominal fee. As used in this subparagraph, “nominal fee” means an average of no more than sixty dollars ($60) per month. +(2) This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district. +(b) Except as otherwise provided by law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs. +(c) The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131. +(d) The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school district’s direct costs. +(e) In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds. +(f) If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of facilities or grounds by that entity may be denied. +(g) As used in this section: +(1) “Direct costs” to the school district for the use of school facilities or grounds means the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section necessitated by the entity’s use of the school facilities or grounds. +(2) “Fair rental value” means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized. +(h) (1) A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks. +(2) Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for an injury caused by a dangerous condition of public property. +(i) This section is operative on and after January 1, 2020.","Existing law, known as the Civic Center Act, authorizes the governing board of a school district to grant the use of school facilities or grounds as a civic center, for specified purposes, upon terms and conditions deemed proper by the governing board of the school district. The act requires the governing board of a school district to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, the Girl Scouts, the Boy Scouts, Camp Fire USA, the YMCA, a parent-teacher association, or a school-community advisory council. The act authorizes and requires the governing board of a school district to charge certain fees for use of its school facilities or grounds. +This bill would specifically authorize a governing board of a school district to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, that is a recreational youth sports league that charges participants an average of no more than $60 per month.","An act to amend Section 38134 of the Education Code, relating to school facilities." +858,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6459 of the Revenue and Taxation Code is amended to read: +6459. +(a) (1) Except as provided in subdivisions (b) and (c), the board for good cause may extend for not to exceed one month the time for making any return or paying any amount required to be paid under this part. The extension may be granted at any time provided a request therefor is filed with the board within or prior to the period for which the extension may be granted. +(2) Any person to whom an extension is granted shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the tax would have been due without the extension until the date of payment. +(b) (1) The board may grant an extension for more than one month if both of the following conditions occur: +(A) A budget for the state has not been adopted by July 1. +(B) The person requesting the extension is a creditor of the state who has not been paid because of the state’s failure to timely adopt a budget. +(2) Any extension granted under this subdivision shall expire no later than the last day of the month following the month in which the budget is adopted or one month from the due date of the return or payment, whichever comes later. +(3) Any person to whom an extension has been granted under this subdivision shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the tax would have been due without the extension until the date of payment. However, no interest shall be due on that portion of the payment equivalent to the amount due to the person from the state on the due date of the payment. +(c) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. +(2) Any person to whom an extension is granted shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the tax would have been due without the extension until the date of payment. +(3) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. +SEC. 2. +Section 7656 of the Revenue and Taxation Code is amended to read: +7656. +(a) Except as provided in subdivision (b), the board for good cause may extend for not to exceed one month the time for making any report or return or paying any tax required under this part. The extension may be granted at any time if a request therefor is filed with the board within or prior to the period for which the extension may be granted. +(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. +(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. +(c) Any person to whom an extension is granted shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the tax would have been due without the extension to the date of payment. +SEC. 3. +Section 8754 of the Revenue and Taxation Code is amended to read: +8754. +(a) Except as provided in subdivision (b), the board for good cause may extend for not to exceed one month the time for making any return or paying any tax required under this part. The extension may be granted at any time, provided a request therefor is filed with the board within or prior to the period for which the extension may be granted. +(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. +(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. +(c) Any user to whom an extension is granted shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the tax would have been due without the extension to the date of payment. +SEC. 4. +Section 30185 of the Revenue and Taxation Code is amended to read: +30185. +(a) Except as provided in subdivision (b) and otherwise provided in Section 30172, the board for good cause may extend for not to exceed one month the time for making any report or return or paying any amount of tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or prior to the period for which the extension may be granted. +(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. +(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. +(c) Any person to whom an extension is granted pursuant to this section shall pay, in addition to the amount of tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the amount of tax would have been due without the extension to the date of payment. +SEC. 5. +Section 32253 of the Revenue and Taxation Code is amended to read: +32253. +(a) Except as provided in subdivision (b), the board for good cause may extend for not to exceed one month the time for making any report or paying any tax. +(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. +(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. +(c) Any person to whom an extension is granted and who pays the tax within the period for which the extension is granted shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the tax would have been due without the extension to the date of payment. +SEC. 6. +Section 38405 of the Revenue and Taxation Code is amended to read: +38405. +(a) Except as provided in subdivision (b), the board for good cause may extend for not to exceed one month the time for making any return or paying any amount required to be paid under this part. The extension may be granted at any time provided a request therefor is filed with the board within or prior to the period for which the extension may be granted. +(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. +(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. +(c) Any person to whom an extension is granted shall pay, in addition to the tax, interest at the adjusted annual rate established pursuant to Section 19521 from the date on which the tax would have been due without the extension until the date of payment. +SEC. 7. +Section 40065 of the Revenue and Taxation Code is amended to read: +40065. +(a) Except as provided in subdivision (b), the board for good cause may extend not to exceed one month the time for making any return or paying any amount required to be paid under this part. The extension may be granted at any time provided a request therefor is filed with the board within or prior to the period for which the extension may be granted. +(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any surcharge required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. +(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. +(c) Any person to whom an extension is granted shall pay, in addition to the surcharge, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the surcharge would have been due without the extension of the date of payment. +SEC. 8. +Section 41054 of the Revenue and Taxation Code is amended to read: +41054. +(a) Except as provided in subdivision (b), the board for good cause may extend not to exceed one month the time for making any return or paying any amount required to be paid under this part. The extension may be granted at any time provided a request therefor is filed with the board within or prior to the period for which the extension may be granted. +(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. +(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. +SEC. 9. +Section 43154 of the Revenue and Taxation Code is amended to read: +43154. +(a) Except as provided in subdivision (b), the board for good cause may extend, for a period of time not to exceed one month, the time for making any return or paying any amount required to be paid under this part. The extension may be granted at any time provided a request therefor is filed with the board within or prior to the period for which the extension may be granted. +(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. +(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. +(c) Any person to whom an extension is granted shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the tax would have been due without the extension until the date of payment. +SEC. 10. +Section 45152 of the Revenue and Taxation Code is amended to read: +45152. +(a) Except as provided in subdivision (b), the board for good cause may extend, for not to exceed one month, the time for making any report or return or paying any amount required to be paid under this part. The extension may be granted at any time if a request therefor is filed with the board within or prior to the period for which the extension may be granted. +(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any fee required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. +(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. +(c) Any person to whom an extension is granted shall pay, in addition to the fee, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5 from the date on which the fee would have been due without the extension until the date of payment. +SEC. 11. +Section 46153 of the Revenue and Taxation Code is amended to read: +46153. +(a) Except as provided in subdivision (b), the board, for good cause, may extend, for a period not to exceed one month, the time for making any return or paying any amount required to be paid under this part. The extension may be granted at any time if a request for the extension is filed with the board within or prior to the period for which the extension may be granted. +(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any fee required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. +(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. +(c) Any person to whom an extension is granted shall pay, in addition to the fee, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5 from the date on which the fee would have been due without the extension until the date of payment. +SEC. 12. +Section 50111 of the Revenue and Taxation Code is amended to read: +50111. +(a) Except as provided in subdivision (b), the board for good cause may extend, for up to one month, the time period within which a person is required to submit a report or pay a sum of money under this part. The extension may be granted at any time if a request is filed with the board within, or prior to the commencement of, the period for which the extension may be granted. +(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any fee required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. +(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. +(c) Any person to whom an extension is granted shall pay, in addition to the fee, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the fee would have been due without the extension until the date of payment. +SEC. 13. +Section 55041 of the Revenue and Taxation Code is amended to read: +55041. +(a) Except as provided in subdivision (b), the board for good cause may extend, for not to exceed one month, the time for making any return or paying any amount required to be paid under this part. The extension may be granted at any time if a request therefor is filed with the board within or prior to the period for which the extension may be granted. +(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any fee required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. +(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. +(c) Any person to whom an extension is granted shall pay, in addition to the fee, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5 from the date on which the fee would have been due without the extension until the date of payment. +SEC. 14. +Section 60208 of the Revenue and Taxation Code is amended to read: +60208. +(a) Except as provided in subdivision (b), the board for good cause may extend for a period not to exceed one month, the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or prior to the period for which the extension may be granted. +(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. +(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. +(c) Any person to whom an extension is granted shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the tax would have been due without the extension to the date of payment. +SEC. 15. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to timely provide essential relief to those persons who have suffered damage or loss as a result of forest fires or other natural disasters or similar public calamity that occurred in 2016, it is necessary that this act take effect immediately.","Existing law authorizes the State Board of Equalization for good cause to extend the time, not to exceed one month, for a taxpayer, and to extend the time for more than one month for specified persons if a budget for the state has not been adopted by a specified date, to submit any return or pay any amount required to be paid under provisions of the Sales and Use Tax Law, Motor Vehicle Fuel Tax Law, Use Fuel Tax Law, Cigarette and Tobacco Products Tax Law, Alcoholic Beverage Tax Law, Timber Yield Tax, Energy Resources Surcharge Law, Emergency Telephone Users Surcharge Act, Hazardous Substances Tax Law, Integrated Waste Management Fee Law, Oil Spill Response, Prevention, and Administration Fees Law, Underground Storage Tank Maintenance Fee Law, Fee Collection Procedures Law, and Diesel Fuel Tax Law, under specified conditions. +This bill would authorize the board, in the case of a disaster, as defined, to allow an extension for up to 3 months under the same conditions as the extension for good cause. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 6459, 7656, 8754, 30185, 32253, 38405, 40065, 41054, 43154, 45152, 46153, 50111, 55041, and 60208 of the Revenue and Taxation Code, relating to tax administration, and declaring the urgency thereof, to take effect immediately." +859,"The people of the State of California do enact as follows: + + +SECTION 1. +The heading of Title 1.1A (commencing with Section 1739.7) of Part 4 of Division 3 of the Civil Code is amended to read: +TITLE 1.1A. AUTOGRAPHED MEMORABILIA +SEC. 2. +Section 1739.7 of the Civil Code is amended to read: +1739.7. +(a) As used in this section: +(1) “Autographed” means bearing the actual signature of a personality signed by that individual’s own hand. +(2) “Collectible” means an autographed item sold or offered for sale in or from this state by a dealer to a consumer for five dollars ($5) or more. +(3) “Consumer” means any natural person who purchases a collectible from a dealer for personal, family, or household purposes. “Consumer” also includes a prospective purchaser meeting these criteria. +(4) (A) “Dealer” means a person who is principally in the business of selling or offering for sale collectibles in or from this state, exclusively or nonexclusively, or a person who by his or her occupation holds himself or herself out as having knowledge or skill peculiar to collectibles, or to whom that knowledge or skill may be attributed by his or her employment of an agent or other intermediary that by his or her occupation holds himself or herself out as having that knowledge or skill. “Dealer” includes an auctioneer who sells collectibles at a public auction, and also includes persons who are consignors or representatives or agents of auctioneers. “Dealer” includes a person engaged in a mail order, telephone order, online, or cable television business for the sale of collectibles. +(B) “Dealer” does not include any of the following: +(i) A pawnbroker licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code, if the collectible was acquired through a foreclosure on a collateral loan, provided that the pawnbroker does not hold himself or herself out as having knowledge or skill peculiar to collectibles. +(ii) The personality who signs the memorabilia. +(iii) A provider or operator of an online marketplace, provided that the online marketplace provider or operator is not principally in the business of selling, or offering for sale, collectibles, in or from the state, exclusively or nonexclusively, or does not hold itself out as having knowledge or skill peculiar to collectibles. +(5) “Description” means any of the following: +(A) Any representation in writing, including, but not limited to, a representation in an advertisement, brochure, catalog, flyer, invoice, sign, Internet Web page, email, or other commercial or promotional material. +(B) Any oral representation. +(C) Any representation included in a radio or television broadcast or online communication to the public in or from this state. +(6) “Limited edition” means any collectible that meets all of the following requirements: +(A) A company has produced a specific quantity of a collectible and placed it on the open market. +(B) The producer of the collectible has posted a notice, at its primary place of business, that it will provide any consumer, upon request, with a copy of a notice that states the exact number of a collectible produced in that series of limited editions. +(C) The producer makes available, upon request of a consumer, evidence that the electronic encoding, films, molds, or plates used to create the collectible have been destroyed after the specified number of collectibles have been produced. +(D) The sequence number of the collectible and the number of the total quantity produced in the limited edition are printed on the collectible. +(7) “Mint condition” means any collectible sold on the open market or through a private transaction that meets all of the following requirements: +(A) The item has never been circulated, used, or worn. +(B) The item exhibits little or no sign of aging or degradation caused by oxidation or exposure to sunlight as a result of its display. +(C) The item is otherwise free from creases, blemishes, or marks. +(8) “Promoter” means a person who arranges, holds, organizes, or presents a trade show featuring collectibles, autograph signings, or both. +(9) “Person” means any natural person, partnership, corporation, limited liability company, company, trust, association, or other entity, however organized. +(b) Whenever a dealer, in selling or offering to sell to a consumer a collectible in or from this state, provides a description of that collectible as being autographed, the dealer shall furnish a certificate of authenticity to the consumer at the time of sale. The certificate of authenticity shall be in writing, shall be signed by the dealer or his or her authorized agent, and shall specify the date of sale. The certificate of authenticity shall be in at least 10-point boldface type and shall contain the dealer’s true legal name and street address. The dealer shall retain a copy of the certificate of authenticity for not less than seven years. Each certificate of authenticity shall do all of the following: +(1) Describe the collectible and specify the name of the personality who autographed it. +(2) Either specify the purchase price and date of sale or be accompanied by a separate invoice setting forth that information. +(3) Contain an express warranty, which shall be conclusively presumed to be part of the bargain, of the authenticity of the collectible. This warranty shall not be negated or limited by reason of the lack of words such as “warranty” or “guarantee” or because the dealer does not have a specific intent or authorization to make the warranty or because any statement relevant to the collectible is or purports to be, or is capable of being, merely the dealer’s opinion. +(4) Specify whether the collectible is offered as one of a limited edition and, if so, specify (A) how the collectible and edition are numbered and (B) the size of the edition and the size of any prior or anticipated future edition, if known. If the size of the edition and the size of any prior or anticipated future edition is not known, the certificate shall contain an explicit statement to that effect. +(5) Indicate whether the dealer is surety bonded or is otherwise insured to protect the consumer against errors and omissions of the dealer and, if bonded or insured, provide proof thereof. +(6) Indicate the last four digits of the dealer’s resale certificate number from the State Board of Equalization. +(7) Indicate whether the item was autographed in the presence of the dealer and specify the date and location of, and the name of a witness to, the autograph signing. +(8) Indicate whether the item was obtained or purchased from a third party. If so, indicate the name and address of this third party. +(9) Include an identifying serial number that corresponds to an identifying number printed on the collectible item, if any. The serial number shall also be printed on the sales receipt. If the sales receipt is printed electronically, the dealer may manually write the serial number on the receipt. +(c) A dealer shall not represent an item as a collectible if it was not autographed by the personality in his or her own hand. +(d) No dealer shall display or offer for sale a collectible in this state unless, at the location where the collectible is offered for sale and in close proximity to the collectible merchandise, there is a conspicuous sign that reads as follows: +“SALE OF AUTOGRAPHED MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.” + +(e) Any dealer engaged in a mail-order, telephone-order, or online business for the sale of collectibles in or from this state: +(1) Shall include the disclosure specified in subdivision (d), in type of conspicuous size, in any written advertisement relating to a collectible. +(2) Shall include in each television or online advertisement relating to a collectible the following written on-screen message, which shall be prominently displayed, easily readable, and clearly visible for no less than five seconds, and which shall be repeated for five seconds once during each four-minute segment of the advertisement following the initial four minutes: +“A written certificate of authenticity is provided with each autographed collectible, as required by law. This dealer may be surety bonded or otherwise insured to ensure the authenticity of any collectible sold by this dealer.” + +(3) Shall include as part of the oral message of each radio advertisement for a collectible the disclosure specified in subdivision (d). +(f) No dealer shall display or offer for sale a collectible in this state at any trade show or similar event primarily featuring sales of collectibles or other memorabilia that offers onsite admission ticket sales unless, at each onsite location where admission tickets are sold, there is prominently displayed a specimen example of a certificate of authenticity. +(g) Any consumer injured by the failure of a dealer to provide a certificate of authenticity containing the information required by this section, or by a dealer’s furnishing of a certificate of authenticity that is false, shall be entitled to recover, in addition to actual damages, a civil penalty in an amount equal to 10 times actual damages, plus court costs, reasonable attorney’s fees, interest, and expert witness fees, if applicable, incurred by the consumer in the action. The court, in its discretion, may award additional damages based on the egregiousness of the dealer’s conduct. The remedy specified in this section is in addition to, and not in lieu of, any other remedy that may be provided by law. +(h) No person shall represent himself or herself as a dealer in this state unless he or she possesses a valid resale certificate number from the State Board of Equalization. +(i) A dealer may be surety bonded or otherwise insured for purposes of indemnification against errors and omissions arising from the authentication, sale, or resale of collectibles. +(j) Whenever a promoter arranges or organizes a trade show featuring collectibles and autograph signings, the promoter shall notify, in writing, any dealer who has agreed to purchase or rent space in this trade show what the promoter will do if any laws of this state are violated, including the fact that law enforcement officials will be contacted when those laws are violated. This notice shall be delivered to the dealer, at his or her registered place of business, at the time the agreement to purchase space in the trade show is made. The following language shall be included in each notice: + +“As a vendor at this collectibles trade show, you are a professional representative of this hobby. As a result, you will be required to follow the laws of this state, including laws regarding the sale and display of collectibles, as defined in Section 1739.7 of the Civil Code, forged and counterfeit collectibles and autographs, and mint and limited edition collectibles. If you do not obey the laws, you may be evicted from this trade show, be reported to law enforcement, and be held liable for a civil penalty of 10 times the amount of damages.”","Existing law regulates the sale or offer to sell by a dealer to a consumer of a collectible in or from this state, as specified. Existing law defines the term “collectible” to mean an autographed sports item, as specified, sold or offered for sale in or from this state by a dealer to a consumer for $5 or more. Existing law defines a “dealer” as, among other things, a person who is in the business of selling or offering for sale collectibles in or from this state, or a person who by his or her occupation holds himself or herself out as having knowledge or skill peculiar to collectibles. +Existing law provides for the regulation of pawnbrokers and makes it unlawful for a person to engage in the business of a pawnbroker without a license issued by the chief of police, the sheriff, or where appropriate, the police commission. +This bill would instead define the term “collectible” to mean all autographed items, whether or not sports related, as specified, and would make conforming changes to the provisions regulating the sale or offer to sell by a dealer to a consumer of a collectible in this state. The bill would exclude a pawnbroker licensed pursuant to a specified law, under specified circumstances, the personality who signs the memorabilia, and a provider or operator of an online marketplace, as specified, from the definition of a dealer.","An act to amend Section 1739.7 of, and to amend the heading of Title 1.1A (commencing with Section 1739.7) of Part 4 of Division 3 of, and to amend Section 1739.7 of, the Civil Code, relating to collectibles." +860,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11837 of the Health and Safety Code is amended to read: +11837. +(a) Pursuant to the provisions of law relating to suspension of a person’s privilege to operate a motor vehicle upon conviction for driving while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and any drug, as set forth in paragraph (3) of subdivision (a) of Section 13352 of the Vehicle Code, the Department of Motor Vehicles shall restrict the driving privilege pursuant to Section 13352.5 of the Vehicle Code, if the person convicted of that offense participates for at least 18 months in a driving-under-the-influence program that is licensed pursuant to this chapter. +(b) In determining whether to refer a person, who is ordered to participate in a program pursuant to Section 668 of the Harbors and Navigation Code, in a licensed alcohol and other drug education and counseling services program pursuant to Section 23538 of the Vehicle Code, or, pursuant to Section 23542, 23548, 23552, 23556, 23562, or 23568 of the Vehicle Code, in a licensed 18-month or 30-month program, the court may consider any relevant information about the person made available pursuant to a presentence investigation, that is permitted but not required under Section 23655 of the Vehicle Code, or other screening procedure. That information shall not be furnished, however, by any person who also provides services in a privately operated, licensed program or who has any direct interest in a privately operated, licensed program. In addition, the court shall obtain from the Department of Motor Vehicles a copy of the person’s driving record to determine whether the person is eligible to participate in a licensed 18-month or 30-month program pursuant to this chapter. When preparing a presentence report for the court, the probation department may consider the suitability of placing the defendant in a treatment program that includes the administration of nonscheduled nonaddicting medications to ameliorate an alcohol or controlled substance problem. If the probation department recommends that this type of program is a suitable option for the defendant, the defendant who would like the court to consider this option shall obtain from his or her physician a prescription for the medication, and a finding that the treatment is medically suitable for the defendant, prior to consideration of this alternative by the court. +(c) (1) The court shall, as a condition of probation pursuant to Section 23538 or 23556 of the Vehicle Code, refer a first offender whose concentration of alcohol in his or her blood was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter. +(2) Notwithstanding any other provision of law, in granting probation to a first offender described in this subdivision whose concentration of alcohol in the person’s blood was 0.20 percent or more, by weight, or who refused to take a chemical test, the court shall order the person to participate, for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter. +(d) (1) The State Department of Health Care Services may specify in regulations the activities required to be provided in the treatment of participants receiving nine months of licensed program services under Section 23538 or 23556 of the Vehicle Code. +(2) Any program licensed pursuant to this chapter may provide treatment services to participants receiving at least six months of licensed program services under Section 23538 or 23556 of the Vehicle Code. +(e) The court shall, subject to Section 11837.2, and as a condition of probation, refer a person with a second or subsequent violation to a licensed program, even if the person’s privilege to operate a motor vehicle is restricted, suspended, or revoked. An 18-month program described in Section 23542 or 23562 of the Vehicle Code or a 30-month program described in Section 23548, 23552, or 23568 of the Vehicle Code may include treatment of family members and significant other persons related to the convicted person with the consent of those family members and others as described in this chapter, if there is no increase in the costs of the program to the convicted person. +(f) The clerk of the court shall indicate the duration of the program in which the judge has ordered the person to participate in the abstract of the record of the court and on the court referral and tracking documents forwarded to the department. +SEC. 2. +Section 23538 of the Vehicle Code is amended to read: +23538. +(a) (1) If the court grants probation to a person punished under Section 23536, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). The court may also impose, as a condition of probation, that the person be confined in a county jail for at least 48 hours, but not more than six months. +(2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. +(3) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, the court may disallow the issuance of a restricted driver’s license required under Section 13352.4. +(b) In any county where the board of supervisors has approved, and the State Department of Health Care Services has licensed, a program or programs described in Section 11837.3 of the Health and Safety Code, the court shall also impose as a condition of probation that the driver shall enroll and participate in, and successfully complete a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, in the driver’s county of residence or employment, as designated by the court. For the purposes of this subdivision, enrollment in an approved program shall take place within 30 days of conviction and participation in, and completion of, the program shall be subsequent to the date of the current violation. Credit may not be given for any program activities completed prior to the date of the current violation. If a person is unable to enroll in a program within 30 days of conviction, the court may grant that person an extension of no longer than 30 days upon the request of the program provider. Extensions may be requested or granted by telephone or by other electronic means. +(1) The court shall refer a first offender whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code. +(2) The court shall refer a first offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test to participate for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code. +(3) The court shall consider, for first time offenders, a blood-alcohol concentration of 0.08 percent or more, by weight, in combination with the presence of a Schedule I or II controlled substance, as defined in Section 812 of Chapter 13 of Title 21 of the United States Code, +except marijuana, as defined in paragraph (16) of Section 802 of Title 21 of the United States Code, or a controlled substance prescribed by a licensed physician or dentist, +as an aggravating factor that may justify enhancing the terms and conditions of probation with regards to referrals and participation in licensed programs and program activities described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code. +(4) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code has been received in the department’s headquarters. +(c) (1) The court shall revoke the person’s probation pursuant to Section 23602, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in subdivision (b). +(2) The court, in establishing reporting requirements, shall consult with the county alcohol program administrator. The county alcohol program administrator shall coordinate the reporting requirements and court referral and tracking documents with the department and with the State Department of Health Care Services. That reporting shall ensure that all persons who, after being ordered to attend and complete a program, may be identified for either (A) failure to enroll in, or failure to successfully complete, the program, or (B) successful completion of the program as ordered. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the court to impose as a condition of probation for a conviction for a first violation of driving under the influence, in a county where the board of supervisors has approved, and the State Department of Health Care Services has licensed, a driving-under-the-influence program, that the driver successfully complete the program in the driver’s county of residence or employment, as designated by the court. Existing law provides that enrollment and participation in, and completion of, an approved program shall be subsequent to the date of the current violation. Existing law requires a county alcohol program administrator to coordinate court-established reporting requirements with the Department of Motor Vehicles and the State Department of Health Care Services. +This bill would require that enrollment in an approved program take place within 30 days of conviction, unless an extension of no longer than 30 days is granted by the court, as specified. The bill would also require the court, for first time offenders, to consider a blood-alcohol concentration of 0.08% or more, by weight, in combination with the presence of a Schedule I or II controlled substance, as defined, +except for marijuana or a controlled substance prescribed by a licensed physician or dentist, +as an aggravating factor that may justify enhancing the terms and conditions of probation, as specified. The bill would require the county alcohol program administrator to additionally coordinate court referral and tracking documents with the Department of Motor Vehicles and the State Department of Health Care Services. By imposing new duties on a county employee, this bill would create a state-mandated local program. +Existing law authorizes a court, as a condition of probation, to refer a person convicted for driving under the influence to a licensed program, as specified, even though the person’s privilege to operate a motor vehicle is restricted, suspended, or revoked. Existing law requires a clerk of the court to indicate the duration of the treatment program the judge has ordered a person to participate in the abstract of the court record that is forwarded to the State Department of Health Care Services. +This bill would instead require a court to refer a person with a 2nd or subsequent +driving under the influence +driving-under-the-influence +conviction to a licensed program as a condition of probation even if the person’s privilege to operate a motor vehicle is restricted, suspended, or revoked. The bill would require the clerk of the court to also indicate the duration of the treatment program ordered on court referral and tracking documents. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 11837 of the Health and Safety Code, and to amend Section 23538 of the Vehicle Code, relating to vehicles." +861,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) According to data released by the +U.S. +United States +Census Bureau, without a high school diploma, Americans are almost twice as likely to live in poverty. +(2) Several independent academic studies indicate a marked increase in school participation and graduation rates among children who were guaranteed transportation to and from school. +(3) According to a recent report by +California +Attorney General Kamala Harris, poverty and financial instability is the number one cause of truancy in the state. +(4) Research shows a strong relationship between access to transportation and improved school attendance. +(b) Based on the findings and declarations in subdivision (a), it is the intent of the Legislature to enact legislation that would support school participation and high school attainment among low-income youth. +SEC. 2. +Section 39800 of the Education Code is amended to read: +39800. +(a) In addition to the requirement to provide transportation pursuant to Section 39800.1, the governing board of any school district may provide for the transportation of pupils to and from school whenever, in the judgment of the governing board, the transportation is advisable and good reasons exist. The governing board of a school district may purchase or rent and provide for the upkeep, care, and operation of +vehicles, or +vehicles. The governing board of a school district +may +also +contract and pay for the transportation of middle school and high school pupils to and from school by a vehicle driven by a public employee of a municipally owned transit system, or may contract with the parent or guardian of the pupil being transported. The governing board of a school district may allow the transportation of preschool or nursery school pupils in schoolbuses owned or operated by the school district. A state reimbursement may not be received by a school district for the transportation of preschool or nursery school pupils. +(b) As used in this article, “municipally owned transit system” means a transit system owned by a city or by a district created under Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code. +SEC. 3. +Section 39800.1 is added to the Education Code, to read: +39800.1. +(a) Notwithstanding any other law, a pupil attending a public, noncharter school that +is eligible for +receives +Title 1 federal funding shall be entitled to free transportation to and from school, if either of the following conditions are met: +(1) The pupil resides more than one-half mile from the school. +(2) The neighborhood through which the pupil must travel to get to school is unsafe, as defined by the plan established pursuant to paragraph (1) of subdivision (b), which may include factors, including, but not limited to, stray dogs, lack of sidewalks, known gang activity, presence of environmental problems and hazards, required crossings of freeways or busy intersections, or other reasons documented by stakeholders in the plan developed pursuant to subdivision (c). +(b) (1) A school district not currently providing transportation to all pupils attending schools that +are eligible for +receive +Title 1 federal funding shall implement a plan to ensure that all pupils entitled to free transportation pursuant to subdivision (a) receive the transportation. +(2) The plan shall identify and accommodate the special rights of homeless youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). +(c) The plan required by paragraph (1) of subdivision (b) shall be developed with the consultation of teachers, school administrators, regional local transit authorities, local air districts, the Department of Transportation, parents, pupils, and other stakeholders. +(d) If free, dependable, and timely transportation is not already available to pupils entitled to transportation services pursuant to this section, the school district shall ensure that the pupils entitled to the transportation are provided free transportation. +(e) Notwithstanding subdivision (f), transportation provided pursuant to this section shall be provided by a public employee. +(f) A school district may partner with a +transit authority +municipality owned transit system +to provide the transportation provided pursuant to this section to middle school and high school pupils if all of the following conditions are met: +(1) All drivers are public employees of a municipality owned transit +agency +system +as defined in subdivision (b) of Section 39800. +(2) The +municipality owned +transit +agency +system +can certify that the +public +transit system can ensure consistent, adequate routes and schedules to enable pupils to get home, to school and back, and does not charge the school district more than marginal cost for each transit pass. +(3) Nothing in this section would prevent a local transportation agency from providing no-cost transit passes to pupils attending Title 1 schools. +(g) All transportation provided pursuant to this section shall be reimbursed by the Transportation and Access to Public School Fund created pursuant to Section 39800.2. +SEC. 4. +Section 39800.2 is added to the Education Code, to read: +39800.2. +(a) The Transportation and Access to Public School Fund is hereby created in the State Treasury to be administered by the department. +(b) Funds in the Transportation and Access to Public School Fund shall, upon appropriation by the Legislature, be allocated to the department for allocation to local educational agencies pursuant to the process established by the Superintendent. +(c) Commencing with the 2017–18 fiscal year, the Superintendent shall allocate from the Transportation and Access to Public School Fund to each school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program that provides pupil transportation an amount equal to the actual costs of the entitled transportation established pursuant to Section 39800.1. The allocation shall be in addition to any amount apportioned for home-to-school transportation pursuant to Article 10 (commencing with Section 41850) of Chapter 5 of Part 24. +(d) This section shall become operative only to the extent that funding is provided in the annual Budget Act or another statute for the purposes of this section. +SEC. 5. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law authorizes the governing board of a school district to provide for the transportation of pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist to do so. +This bill would entitle a pupil who attends a public, noncharter school that +is eligible for +receives +Title 1 federal funding to free transportation to and from school if certain conditions are met. The bill would require a school district not currently providing transportation to all pupils attending schools that +are eligible for +receive +Title 1 federal funding to implement a plan developed, in consultation with specified stakeholders, to ensure that all pupils entitled to free transportation receive the transportation. The bill would authorize school districts to contract with a municipally owned transit system to transport pupils if certain conditions are met. By +requiring +imposing +new duties on a local educational agency, the bill would +impose +constitute +a state-mandated local program. +This bill would create the Transportation and Access to Public School Fund and require the Superintendent of Public Instruction, upon appropriation to this fund by the Legislature, to allocate moneys from this fund to school districts, county offices of education, entities providing services under a school transportation joint powers agreement, or regional occupational centers or programs that provide pupil transportation an amount equal to the actual costs of the entitled transportation pursuant to this bill. The bill would provide that these provisions shall become operative only to the extent that funding is provided in the annual Budget Act or another statute. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 39800 of, and to add Sections 39800.1 and 39800.2 to, the Education Code, relating to school transportation." +862,"The people of the State of California do enact as follows: + + +SECTION 1. +The heading of Chapter 14.5 (commencing with Section 18995) of Part 6 of Division 9 of the Welfare and Institutions Code is amended to read: +CHAPTER 14.5. The CalFood Program +SEC. 2. +Section 18995 of the Welfare and Institutions Code is amended to read: +18995. +(a) On and after January 1, 2017, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the “CalFood Program.” The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households. +(b) The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions. +(c) Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply: +(1) All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program fund’s annual budget. +(2) Notwithstanding paragraph (1), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in paragraph (1), and shall, in part, be used to pay for the department’s administrative costs associated with the administration of the CalFood Program. +SEC. 2.5. +Section 18995 of the Welfare and Institutions Code is amended to read: +18995. +(a) On and after January 1, 2017, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the “CalFood Program.” The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households. +(b) (1) The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions. +(2) Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply: +(A) All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program fund’s annual budget. +(B) Notwithstanding subparagraph (A), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in subparagraph (A), and shall, in part, be used to pay for the department’s administrative costs associated with the administration of the CalFood Program. +(c) (1) The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code. +(2) Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria: +(A) The primary function of the food bank is the distribution of food to low-income households. +(B) The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students. +SEC. 3. +Section 2.5 of this bill incorporates amendments to Section 18995 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 1747. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 18995 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 1747, in which case Section 2 of this bill shall not become operative.","Existing law requires the State Department of Social Services to establish and administer the State Emergency Food Assistance Program (SEFAP), to provide food and funding for the provision of emergency food to food banks, as provided. Existing law creates the State Emergency Food Assistance Program Account and, upon appropriation by the Legislature, allocates the moneys in the account to SEFAP and requires that those moneys be used for the purchase, storage, and transportation of food grown or produced in California and for the department’s administrative costs. +This bill would rename the State Emergency Food Assistance Program as the CalFood Program and would rename the State Emergency Food Assistance Program Account as the CalFood Account. The bill would make other conforming changes in this regard. +This bill would incorporate additional changes to Section 18995 of the Welfare and Institutions Code proposed by AB 1747 that would become operative if this bill and AB 1747 are both enacted and this bill is enacted last.","An act to amend Section 18995 of, and to amend the heading of Chapter 14.5 (commencing with Section 18995) of Part 6 of Division 9 of, the Welfare and Institutions Code, relating to food banks." +863,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1785.11.9 is added to the Civil Code, to read: +1785.11.9. +For purposes of Sections 1785.11.10 and 1785.11.11, the following terms shall have the following meanings: +(a) “Protected consumer” means an individual who is any of the following: +(1) Under 16 years of age at the time a request for the placement of a security freeze is made. +(2) An incapacitated person or a protected person for whom a guardian or conservator has been appointed. +(3) Under the jurisdiction of a county welfare department or county probation department, has been placed in a foster care setting, and is under 16 years of age at the time a request for placement of a security freeze is made. +(b) “Record” means a compilation of information that: +(1) Identifies a protected consumer. +(2) Was created by a consumer credit reporting agency solely for the purpose of complying with this section. +(3) Is not otherwise authorized to be created or used to consider the protected consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. +(c) (1) “Representative” means a person who provides to a consumer credit reporting agency sufficient proof of authority to act on behalf of a protected consumer. +(2) For a protected consumer who has been placed in a foster care setting, “representative” means either of the following: +(A) A county welfare department or its agent or designee. +(B) A county probation department or its agent or designee. +(3) For a protected consumer who has been placed in a foster care setting, “representative” does not mean a foster parent. +(d) “Security freeze” means: +(1) If a consumer credit reporting agency does not have a file pertaining to a protected consumer, a restriction that: +(A) Is placed on the protected consumer’s record in accordance with this section. +(B) Prohibits the consumer credit reporting agency from releasing the protected consumer’s record except as authorized in this section. +(2) If a consumer credit reporting agency has a file pertaining to a protected consumer, a restriction that: +(A) Is placed on the protected consumer’s consumer credit report in accordance with this section. +(B) Prohibits the consumer credit reporting agency from releasing the protected consumer’s consumer credit report or any information derived from the protected consumer’s consumer credit report except as authorized in this section. +(e) “Sufficient proof of authority” means documentation that shows that a representative has authority to act on behalf of a protected consumer in a financial matter. This documentation includes, but is not limited to: +(1) A court order or relevant enabling document issued by a court. +(2) A legally sufficient and valid power of attorney, or a durable power of attorney. +(3) A written, notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected consumer, including a temporary conservator or temporary guardian. +(4) A written communication from a county welfare department or its agent or designee or a county probation department or its agent or designee certifying that the protected consumer is a foster youth under its jurisdiction. +(f) “Sufficient proof of identification” means information or documentation that identifies a protected consumer or a representative of a protected consumer. This information or documentation includes, but is not limited to: +(1) A social security number or a copy of a social security card issued by the Social Security Administration. +(2) A certified copy or official copy of a birth certificate issued by the entity authorized to issue the birth certificate. +(3) A copy of a driver’s license, an identification issued by the Department of Motor Vehicles, or any other government-issued identification. +(4) A copy of a bill for telephone, sewer, septic tank, water, electric, oil, or natural gas services that shows a name and a home address. +(5) A written communication from a county welfare department or its agent or designee or a county probation department or its agent or designee certifying that the protected consumer is a foster youth under its jurisdiction. +SEC. 2. +Section 1785.11.10 is added to the Civil Code, to read: +1785.11.10. +Sections 1785.11.9 to 1785.11.11, inclusive, do not apply to the use of a protected consumer’s consumer credit report or record by any of the following: +(a) A person or entity listed in paragraph (1) or (2) of subdivision (l) of Section 1785.11.2, or Section 1785.11.4 or 1785.11.6. +(b) A person administering a credit file monitoring subscription service to which the representative of the protected consumer has subscribed on behalf of the protected consumer. +(c) A person who provides the protected consumer or the protected consumer’s representative with a copy of the protected consumer’s consumer credit report at the request of the protected consumer or at the request of the protected consumer’s representative. +(d) Any state or local agency, law enforcement agency, trial court, or private collection agency acting pursuant to a court order, warrant, or subpoena. +(e) A child support agency acting pursuant to Chapter 2 (commencing with Section 17400) of Division 17 of the Family Code and Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.). +(f) The State Department of Health Care Services or its agents or assigns acting to investigate Medi-Cal fraud. +(g) The Franchise Tax Board or its agents or assigns acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities. +SEC. 3. +Section 1785.11.11 is added to the Civil Code, to read: +1785.11.11. +(a) A consumer credit reporting agency shall place a security freeze for a protected consumer if both of the following occur: +(1) The consumer credit reporting agency receives a request from the protected consumer’s representative for the placement of the security freeze pursuant to this section. +(2) The protected consumer’s representative does all of the following: +(A) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency. +(B) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative. +(C) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer. +(D) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i). +(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer. +(c) If a protected consumer’s representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze. +(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze. +(e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumer’s consumer credit report, any information derived from the protected consumer’s consumer credit report, or any record created for the protected consumer. +(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs: +(1) The protected consumer or the protected consumer’s representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h). +(2) The security freeze is removed in accordance with subdivision (j). +(g) To remove a security freeze, a protected consumer or a protected consumer’s representative shall do all of the following: +(1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency. +(2) Provide to the consumer credit reporting agency: +(A) If the request is made by the protected consumer: +(i) Proof that the sufficient proof of authority for the protected consumer’s representative to act on behalf of the protected consumer is no longer valid, he or she has been emancipated, or he or she is 16 years of age or older. +(ii) Sufficient proof of identification of the protected consumer. +(B) If the request is made by the representative of a protected consumer: +(i) Sufficient proof of identification of the protected consumer and the representative. +(ii) Sufficient proof of authority to act on behalf of the protected consumer. +(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i). +(h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer. +(i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section. +(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer. +(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances: +(A) The protected consumer’s representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency. +(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer. +(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting. +(j) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumer’s representative. +(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the Internet, or other electronic media to receive and process a request for a protected consumer’s security freeze to be placed or removed.","Existing state law defines and regulates consumer credit reports and authorizes a consumer to place a security freeze on his or her credit report by making a request in writing by mail to a consumer credit reporting agency. Existing state law requires a consumer credit reporting agency to place the security freeze on the consumer’s credit report no later than 3 business days after receiving the consumer’s request. +This bill would require a consumer credit reporting agency to place a security freeze for a protected consumer, defined as an individual who is under 16 years of age at the time a request for the placement of a security freeze is made, an incapacitated person or a protected individual for whom a guardian or conservator has been appointed, or a person under the jurisdiction of a county welfare department or county probation department who has been placed in a foster care setting and is under 16 years of age at the time a request for a security freeze is made, upon that consumer’s representative’s request and compliance with certain requirements. The bill would require a consumer credit reporting agency to send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.","An act to add Sections 1785.11.9, 1785.11.10, and 1785.11.11 to the Civil Code, relating to consumer credit reports." +864,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12201 of the Welfare and Institutions Code is amended to read: +12201. +(a) Except as provided in subdivision (d) or (g), the payment schedules set forth in Section 12200 shall be adjusted annually to reflect any increases or decreases in the cost of living. Except as provided in subdivision (e) or (f), these adjustments shall become effective January 1 of each year. The cost-of-living adjustment shall be based on the changes in the California Necessities Index, which as used in this section shall be the weighted average of changes for food, clothing, fuel, utilities, rent, and transportation for low-income consumers. The computation of annual adjustments in the California Necessities Index shall be made in accordance with the following steps: +(1) The base period expenditure amounts for each expenditure category within the California Necessities Index used to compute the annual grant adjustment are: +Food ........................ +$ 3,027 +Clothing (apparel and upkeep) ........................ +406 +Fuel and other utilities ........................ +529 +Rent, residential ........................ +4,883 +Transportation ........................ +1,757 +Total ........................ +$10,602 +(2) Based on the appropriate components of the Consumer Price Index for All Urban Consumers, as published by the United States Department of Labor, Bureau of Labor Statistics, the percentage change shall be determined for the 12-month period that ends 12 months prior to the January in which the cost-of-living adjustment will take effect, for each expenditure category specified in paragraph (1) within the following geographical areas: Los Angeles-Long Beach-Anaheim, San Francisco-Oakland, San Diego, and, to the extent statistically valid information is available from the Bureau of Labor Statistics, additional geographical areas within the state that include not less than 80 percent of recipients of aid under this chapter. +(3) Calculate a weighted percentage change for each of the expenditure categories specified in paragraph (1) using the applicable weighting factors for each area used by the Department of Industrial Relations to calculate the California Consumer Price Index (CCPI). +(4) Calculate a category adjustment factor for each expenditure category in paragraph (1) by (1) adding 100 to the applicable weighted percentage change as determined in paragraph (2) and (2) dividing the sum by 100. +(5) Determine the expenditure amounts for the current year by multiplying each expenditure amount determined for the prior year by the applicable category adjustment factor determined in paragraph (4). +(6) Determine the overall adjustment factor by dividing (1) the sum of the expenditure amounts as determined in paragraph (4) for the current year by (2) the sum of the expenditure amounts as determined in paragraph (4) for the prior year. +(b) The overall adjustment factor determined by the preceding computational steps shall be multiplied by the payment schedules established pursuant to Section 12200 as are in effect during the month of December preceding the calendar year in which the adjustments are to occur, and the product rounded to the nearest dollar. The resultant amounts shall constitute the new schedules for the categories given under subdivisions (a), (b), (c), (d), (e), (f), and (g) of Section 12200, and shall be filed with the Secretary of State. The amount as set forth in subdivision (h) of Section 12200 shall be adjusted annually pursuant to this section in the event that the secretary agrees to administer payment under that subdivision. The payment schedule for subdivision (i) of Section 12200 shall be computed as specified, based on the new payment schedules for subdivisions (a), (b), (c), and (d) of Section 12200. +(c) The department shall adjust any amounts of aid under this chapter to ensure that the minimum level required by the Social Security Act in order to maintain eligibility for funds under Title XIX of that act is met. +(d) (1) No adjustment shall be made under this section for the 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 2004, 2006, 2007, 2008, 2009, and 2010 calendar years to reflect any change in the cost of living. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of Section 12201.05, and no further reduction shall be made pursuant to that section. +(2) Any cost-of-living adjustment granted under this section for any calendar year shall not include adjustments for any calendar year in which the cost-of-living adjustment was suspended pursuant to paragraph (1). +(e) For the 2003 calendar year, the adjustment required by this section shall become effective June 1, 2003. +(f) For the 2005 calendar year, the adjustment required by this section shall become effective April 1, 2005. +(g) (1) For the 2011 calendar year to the 2017 calendar year, inclusive, no adjustment shall be made under this section unless otherwise specified by statute. +(2) Notwithstanding paragraph (1), the pass along of federal benefits provided for in Section 12201.05 shall be effective on January 1 of each calendar year.","Existing law provides for the State Supplementary Program for the Aged, Blind and Disabled (SSP), which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income (SSI) payments made available pursuant to the federal Social Security Act. +Under existing law, benefit payments under SSP are calculated by establishing the maximum level of nonexempt income and federal SSI and state SSP benefits for each category of eligible recipient. The state SSP payment is the amount required, when added to the nonexempt income and SSI benefits available to the recipient, to provide the maximum benefit payment. Existing law prohibits, for each calendar year, commencing with the 2011 calendar year, any cost-of-living adjustment from being made to the maximum benefit payment unless otherwise specified by statute, except for the pass along of any cost-of-living increase in the federal SSI benefits. Existing law continuously appropriates funds for the implementation of SSP. +This bill would reinstate the cost-of-living adjustment beginning January 1 of the 2018 calendar year. +By reinstating the cost-of-living adjustment, this bill would make an appropriation.","An act to amend Section 12201 of the Welfare and Institutions Code, relating to public social services, and making an appropriation therefor." +865,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 38755 is added to the Vehicle Code, to read: +38755. +(a) Notwithstanding Section 38750, the Contra Costa Transportation Authority is authorized to conduct a pilot project for the testing of autonomous vehicles that do not have a driver seated in the driver’s seat and are not equipped with a steering wheel, a brake pedal, or an accelerator provided the following requirements are met: +(1) The testing shall be conducted only at a privately owned business park designated by the authority, inclusive of public roads within the designated business park, and at GoMentum Station located within the boundaries of the former Concord Naval Weapons Station. +(2) The autonomous vehicle shall operate at speeds of less than 35 miles per hour. +(b) A change in ownership of the property comprising the GoMentum Station shall not affect the authorization to conduct testing pursuant to this section. +(c) Prior to the start of the testing of an autonomous vehicle that does not have a driver seated in the driver’s seat on or across a public road, the Contra Costa Transportation Authority or a private entity, or a combination of the two, shall do both of the following: +(1) Obtain an instrument of insurance, surety bond, or proof of self-insurance in an amount of five million dollars ($5,000,000), and shall provide evidence of the insurance, surety bond, or proof of self-insurance to the Department of Motor Vehicles in the form and manner required by the department. +(2) Submit a detailed description of the testing program to the department. The detailed description shall include all of the following: +(A) Certification that, prior to testing on public roads, the autonomous vehicle has been tested under controlled conditions that simulate, as closely as practicable, the real world conditions that the autonomous vehicle will be subject to during this pilot project, and that the Contra Costa Transportation Authority or a private entity, or a combination of the two, has made a reasonable determination that it is safe to operate the autonomous vehicle on public roads under these conditions. +(B) Evidence satisfactory to the department that the City of San Ramon and any other local authorities with jurisdiction over the public roads in the designated privately owned business park approve of the geographic area and environmental, traffic, and speed conditions authorized for purposes of this pilot project. +(C) Certification that the autonomous vehicle can only operate in autonomous mode in the geographic area and environmental, traffic, and speed conditions authorized in this specific pilot project. +(D) Certification that this pilot project complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, on the safe testing, deployment, and operation of autonomous vehicles. +(E) Certification that the autonomous vehicle used in the pilot project complies with all applicable federal Motor Vehicle Safety Standards, or written evidence that the National Highway Traffic Safety Administration either considers the absence of a steering wheel, a brake pedal, or an accelerator permissible under federal Motor Vehicle Safety Standards or has granted the autonomous vehicle an exemption from compliance with the relevant federal Motor Vehicle Safety Standards. +(F) Identify to the department the autonomous vehicles that are to be tested on public roads during this pilot project. For each vehicle, the manufacturer shall provide to the department the make, model, and model year of the vehicle, the full vehicle identification number, and the license plate number and the state of issuance. +(G) Certification that the vehicle is equipped with a communication link between the vehicle and a remote operator to provide information on the vehicle’s location and status and to allow two-way communication between the remote operator and any passengers if the vehicle experiences any failures that would endanger the safety of the vehicle’s passengers or other road users while operating without a driver. +(H) Certification that the autonomous vehicle is designed to detect and respond to roadway conditions in compliance with all provisions of this code and local regulations applicable to the operation of motor vehicles. +(I) A copy of a law enforcement interaction plan, which includes information that the Contra Costa Transportation Authority or a private entity, or a combination of the two, will provide to the law enforcement agencies whose jurisdiction covers the designated privately owned business park to instruct those agencies on how to interact with the vehicle in emergency and traffic enforcement situations. +(d) The operator of the autonomous vehicle technology tested pursuant to this section shall disclose to an individual who participates in the pilot project what personal information, if any, concerning the pilot project participant is collected by an autonomous vehicle. +(e) For the testing of autonomous vehicles within the designated business park, the department may require data collection for evaluating the safety of the vehicles, including, but not limited to, both of the following: +(1) A report to the department of any accident originating from the operation of the autonomous vehicle on a public road that resulted in the damage of property or in bodily injury or death. Accidents shall be reported within 10 days in the form and manner specified by the department pursuant to the regulations adopted by the department under Section 38750. +(2) The submission to the department of an annual report in the form and manner specified by the department pursuant to the regulations adopted under Section 38750 summarizing information on unplanned technology disengagements that occurred while the autonomous vehicle was being tested on public roads. “Disengagement” means a deactivation of the autonomous mode when a failure of the autonomous technology is detected or when the safe operation of the vehicle required disengagement from the autonomous mode. +(f) This section does not limit the authority of the department to promulgate regulations governing the testing and operation of autonomous vehicles on public roads, with or without the presence of a driver inside the vehicle, pursuant to Section 38750. +(g) It is the intent of the Legislature, in enacting the act that added this section, to address the specific circumstances of the pilot project proposed in the County of Contra Costa. Pursuant to Section 38750, the Department of Motor Vehicles is developing regulations for the testing and operation of autonomous vehicles, and it is not the intent of the Legislature to influence the content of those statewide regulations through the adoption of the act that added this section, which is only intended to govern the establishment of one local pilot project. +(h) This section shall remain in effect only until 180 days after the operative date of regulations promulgated by the department to allow testing of autonomous vehicles without a driver in the vehicle, on which date any testing of autonomous vehicles by the Contra Costa Transportation Authority shall conform to those regulations, and as of the January 1 following that date this section is repealed, unless a later enacted statute, that is enacted before that January 1, deletes or extends that date.","Existing law permits the operation of an autonomous vehicle on public roads for testing purposes if, among other requirements, a driver is seated in the driver’s seat and is capable of taking immediate manual control of the vehicle in the event of an autonomous technology failure or other emergency. +This bill would, notwithstanding the above provision, until 180 days after the operative date of regulations promulgated by the Department of Motor Vehicles to allow testing of autonomous vehicles without a driver in the vehicle, authorize the Contra Costa Transportation Authority to conduct a pilot project for the testing of autonomous vehicles that do not have a driver seated in the driver’s seat and are not equipped with a steering wheel, a brake pedal, or an accelerator if the testing is conducted only at specified locations and the autonomous vehicle operates at speeds of less than 35 miles per hour. The bill would require the authority or a private entity, or a combination of the 2, to obtain an instrument of insurance, surety bond, or proof of self-insurance in an amount of $5,000,000 prior to the start of testing of any autonomous vehicle on or across a public road and would require evidence of the insurance, surety bond, or proof of self-insurance to be provided to the Department of Motor Vehicles in the form and manner required by the department. The bill would require the authority or a private entity, or a combination of the 2, to provide the department with a detailed description of the testing program, as specified. The bill would require the operator of the autonomous vehicle technology to disclose what personal information concerning a pilot project participant is collected by an autonomous vehicle. The bill would allow the department to require data collection for evaluating the safety of the vehicles, as provided.","An act to add and repeal Section 38755 of the Vehicle Code, relating to autonomous vehicles." +866,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7597.1 of the Government Code is repealed. +SEC. 2. +Section 7597.1 is added to the Government Code, to read: +7597.1. +(a) Notwithstanding any other law, beginning January 1, 2018, a person shall not smoke or use a tobacco product on a campus of the California State University or the California Community Colleges. +(b) The Trustees of the California State University and the governing board of each community college district may do all of the following: +(1) Set standards for the enforcement of the prohibition set forth in subdivision (a) for the campuses within their respective jurisdictions and inform employees and students at that campus about those standards. +(2) Conduct a positive educational campaign to increase the awareness of a tobacco- and smoke-free policy. +(3) (A) Following compliance with paragraphs (1) and (2) of subdivision (b) and after January 1, 2018, with respect to a violation of the prohibition set forth in subdivision (a), impose a fine, not to exceed twenty-five dollars ($25) for the first offense, fifty dollars ($50) for the second offense, and one hundred dollars ($100) for the third offense and subsequent offenses. The amount of the fine imposed under this paragraph shall be determined by the Trustees of the California State University or the governing board of the affected community college district, as appropriate. +(B) The proceeds of the fines imposed under this paragraph shall be allocated for purposes to include, but not necessarily be limited to, support of the educational operations of the campus on which the violation occurs, education about and promotion of the policy implemented by this section, and tobacco use cessation treatment options for students of that campus. +(C) Each college or university may implement policies and procedures, including possible assistance from campus law enforcement, for collecting and processing fines imposed under this paragraph. +(D) If a campus adopts the enforcement and fine measures under this paragraph, it shall, and the campuses of the University of California may, post signs stating the campus tobacco use policy in any locations that were specifically designated for smoking or tobacco use before the prohibition set forth in subdivision (a) took effect. +(E) A fine shall not be imposed under this paragraph unless and until an educational campaign conducted pursuant to paragraph (2) fails to result in substantial compliance with the prohibition set forth in subdivision (a). +(c) The Regents of the University of California are encouraged to adopt and enforce new, or continue to enforce existing, policies substantially similar to subdivisions (a) and (b). +(d) For purposes of this section, the following definitions apply: +(1) “Smoke” or “smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoke” or “smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. +(2) (A) “Tobacco product” means any of the following: +(i) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. +(ii) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. +(iii) Any component, part, or accessory of a tobacco product, whether or not sold separately. +(B) “Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose. +(e) The governing bodies of the California State University or a community college district may continue and enforce a tobacco use policy adopted before January 1, 2017, until the prohibition set forth in subdivision (a) takes effect. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes the University of California, under the administration of the Regents of the University of California; the California State University, under the administration of the Trustees of the California State University; and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the segments of public postsecondary education in this state. +Existing law prohibits public employees or members of the public from smoking any tobacco product inside a public building or in a nearby outdoor area, as specified. Existing law also provides that the governing bodies of the California State University and each community college district have the authority to set enforcement standards relating to smoking on their campuses and to enforce these requirements by citation and fine, as specified. Existing law also authorizes the Trustees of the California State University to establish rules and regulations for the government and maintenance of the buildings and grounds of the university, and provides that a violation or attempted violation of these rules and regulations is a misdemeanor. +This bill would, beginning January 1, 2018, prohibit smoking, including the use of an electronic smoking device, and the use of a tobacco product on a campus of the California State University or the California Community Colleges. The bill would authorize the governing bodies of the California State University and each community college district to set standards for the enforcement of that prohibition and to conduct a positive educational campaign to increase the awareness of a tobacco- and smoke-free policy. The bill would authorize the enforcement of this prohibition by a fine, not to exceed $25 for the first offense, $50 for the 2nd offense, and $100 for the 3rd and subsequent offenses, as specified. The bill would require the proceeds of the fine to be allocated for purposes including support of the educational operations of the campus on which the violation occurs, education about and promotion of the policy implemented by the bill, and tobacco use cessation treatment options for students of that campus. +To the extent that these provisions would impose new duties on community college districts, and extend the scope of activities on the buildings and grounds of the California State University that could be charged as misdemeanors, they would constitute a state-mandated local program. +This bill would encourage the Regents of the University of California to adopt and enforce new, or continue to enforce existing, policies substantially similar to those described above. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to repeal and add Section 7597.1 of the Government Code, relating to public postsecondary education." +867,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14169.53 of the Welfare and Institutions Code is amended to read: +14169.53. +(a) (1) All fees required to be paid to the state pursuant to this article shall be paid in the form of remittances payable to the department. +(2) The department shall directly transmit the fee payments to the Treasurer to be deposited in the fund. Notwithstanding Section 16305.7 of the Government Code, any interest and dividends earned on deposits in the fund from the proceeds of the fee assessed pursuant to this article shall be retained in the fund for purposes specified in subdivision (b). +(b) (1) Notwithstanding subdivision (c) of Section 14167.35, subdivision (b) of Section 14168.33, and subdivision (b) of Section 14169.33, all funds from the proceeds of the fee assessed pursuant to this article in the fund, together with any interest and dividends earned on money in the fund, shall continue to be used exclusively to enhance federal financial participation for hospital services under the Medi-Cal program, to provide additional reimbursement to, and to support quality improvement efforts of, hospitals, and to minimize uncompensated care provided by hospitals to uninsured patients, as well as to pay for the state’s administrative costs and to provide funding for children’s health coverage, in the following order of priority: +(A) To pay for the department’s staffing and administrative costs directly attributable to implementing this article, not to exceed two hundred fifty thousand dollars ($250,000) for each subject fiscal quarter, exclusive of any federal matching funds. +(B) To pay for the health care coverage, as described in subdivision (g), except that for the two subject fiscal quarters in the 2013–14 fiscal year, the amount for children’s health care coverage shall be one hundred fifty-five million dollars ($155,000,000) for each subject fiscal quarter, exclusive of any federal matching funds. +(C) To make increased capitation payments to managed health care plans pursuant to this article and Section 14169.82, including the nonfederal share of capitation payments to managed health care plans pursuant to this article and Section 14169.82 for services provided to individuals who meet the eligibility requirements in Section 1902(a)(10)(A)(i)(VIII) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396a(a)(10)(A)(i)(VIII)), and who meet the conditions described in Section 1905(y) of the federal Social Security Act (42 U.S.C. Sec. 1396d(y)). +(D) To make increased payments and direct grants to hospitals pursuant to this article and Section 14169.83, including the nonfederal share of payments to hospitals under this article and Section 14169.83 for services provided to individuals who meet the eligibility requirements in Section 1902(a)(10)(A)(i)(VIII) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396a(a)(10)(A)(i)(VIII)), and who meet the conditions described in Section 1905(y) of the federal Social Security Act (42 U.S.C. Sec. 1396d(y)). +(2) Notwithstanding subdivision (c) of Section 14167.35, subdivision (b) of Section 14168.33, and subdivision (b) of Section 14169.33, and notwithstanding Section 13340 of the Government Code, the moneys in the fund shall be continuously appropriated during the first program period only, without regard to fiscal year, for the purposes of this article, Article 5.229 (commencing with Section 14169.31), Article 5.228 (commencing with Section 14169.1), Article 5.227 (commencing with Section 14168.31), former Article 5.226 (commencing with Section 14168.1), former Article 5.22 (commencing with Section 14167.31), and former Article 5.21 (commencing with Section 14167.1). +(3) Notwithstanding any other law, for the second program period and subsequent program periods, the moneys in the fund shall be continuously appropriated, without regard to fiscal year, for the purposes of this article and Sections 14169.82 and 14169.83. +(c) Any amounts of the quality assurance fee collected in excess of the funds required to implement subdivision (b), including any funds recovered under subdivision (d) of Section 14169.61, shall be refunded to general acute care hospitals, pro rata with the amount of quality assurance fee paid by the hospital, subject to the limitations of federal law. If federal rules prohibit the refund described in this subdivision, the excess funds shall be used as quality assurance fees for the next program period for general acute care hospitals, pro rata with the amount of quality assurance fees paid by the hospital for the program period. +(d) Any methodology or other provision specified in this article may be modified by the department, in consultation with the hospital community, to the extent necessary to meet the requirements of federal law or regulations to obtain federal approval or to enhance the probability that federal approval can be obtained, provided the modifications do not violate the spirit, purposes, and intent of this article and are not inconsistent with the conditions of implementation set forth in Section 14169.72. The department shall notify the Joint Legislative Budget Committee and the fiscal and appropriate policy committees of the Legislature 30 days prior to implementation of a modification pursuant to this subdivision. +(e) The department, in consultation with the hospital community, shall make adjustments, as necessary, to the amounts calculated pursuant to Section 14169.52 in order to ensure compliance with the federal requirements set forth in Section 433.68 of Title 42 of the Code of Federal Regulations or elsewhere in federal law. +(f) The department shall request approval from the federal Centers for Medicare and Medicaid Services for the implementation of this article. In making this request, the department shall seek specific approval from the federal Centers for Medicare and Medicaid Services to exempt providers identified in this article as exempt from the fees specified, including the submission, as may be necessary, of a request for waiver of the broad-based requirement, waiver of the uniform fee requirement, or both, pursuant to paragraphs (1) and (2) of subdivision (e) of Section 433.68 of Title 42 of the Code of Federal Regulations. +(g) (1) For purposes of this subdivision, the following definitions shall apply: +(A) “Actual net benefit” means the net benefit determined by the department for a net benefit period after the conclusion of the net benefit period using payments and grants actually made, and fees actually collected, for the net benefit period. +(B) “Aggregate fees” means the aggregate fees collected from hospitals under this article. +(C) “Aggregate payments” means the aggregate payments and grants made directly or indirectly to hospitals under this article, including payments and grants described in Sections 14169.54, 14169.55, 14169.57, and 14169.58, and subdivision (b) of Section 14169.82. +(D) “Net benefit” means the aggregate payments for a net benefit period minus the aggregate fees for the net benefit period. +(E) “Net benefit period” means a subject fiscal year or portion thereof that is in a program period and begins on or after July 1, 2014. +(F) “Preliminary net benefit” means the net benefit determined by the department for a net benefit period prior to the beginning of that net benefit period using estimated or projected data. +(2) The amount of funding provided for children’s health care coverage under subdivision (b) for a net benefit period shall be equal to 24 percent of the net benefit for that net benefit period. +(3) The department shall determine the preliminary net benefit for all net benefit periods in the first program period before July 1, 2014. The department shall determine the preliminary net benefit for all net benefit periods in a subsequent program period before the beginning of the program period. +(4) The department shall determine the actual net benefit and make the reconciliation described in paragraph (5) for each net benefit period within six months after the date determined by the department pursuant to subdivision (h). +(5) For each net benefit period, the department shall reconcile the amount of moneys in the fund used for children’s health coverage based on the preliminary net benefit with the amount of the fund that may be used for children’s health coverage under this subdivision based on the actual net benefit. For each net benefit period, any amounts that were in the fund and used for children’s health coverage in excess of the 24 percent of the actual net benefit shall be returned to the fund, and the amount, if any, by which 24 percent of the actual net benefit exceeds 24 percent of the preliminary net benefit shall be available from the fund to the department for children’s health coverage. The department shall notify the Joint Legislative Budget Committee and the fiscal and appropriate policy committees of the Legislature of the results of the reconciliation for each net benefit period pursuant to this paragraph within five working days of performing the reconciliation. +(6) The department shall make all calculations and reconciliations required by this subdivision in consultation with the hospital community using data that the department determines is the best data reasonably available. +(h) After consultation with the hospital community, the department shall determine a date upon which substantially all fees have been paid and substantially all supplemental payments, grants, and rate range increases have been made for a program period, which date shall be no later than two years after the end of a program period. After the date determined by the department pursuant to this subdivision, no further supplemental payments shall be made under the program period, and any fees collected with respect to the program period shall be used for a subsequent program period consistent with this section. Nothing in this subdivision shall affect the department’s authority to collect quality assurance fees for a program period after the end of the program period or after the date determined by the department pursuant to this subdivision. The department shall notify the Joint Legislative Budget Committee and fiscal and appropriate policy committees of that date within five working days of the determination. +(i) Use of the fee proceeds to enhance federal financial participation pursuant to subdivision (b) shall include use of the proceeds to supply the nonfederal share, if any, of payments to hospitals under this article for services provided to individuals who meet the eligibility requirements in Section 1902(a)(10)(A)(i)(VIII) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396a(a)(10)(A)(i)(VIII)), and who meet the conditions described in Section 1905(y) of the federal Social Security Act (42 U.S.C. Sec. 1396d(y)) such that expenditures for services provided to the individual are eligible for the enhanced federal medical assistance percentage described in that section. +SEC. 2. +Section 14169.75 of the Welfare and Institutions Code is amended to read: +14169.75. +Notwithstanding Section 14169.72, this article shall become inoperative on January 1, 2018. A hospital shall not be required to pay the fee after that date unless the fee was owed during the period in which the article was operative, and payments authorized under Section 14169.53 shall not be made unless the payments were owed during the period in which the article was operative. +SEC. 3. +This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to provide continued health care coverage for Californians at the earliest possible time, it is necessary that this bill take effect immediately.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, subject to federal approval, imposes a hospital quality assurance fee, as specified, on certain general acute care hospitals to be deposited into the Hospital Quality Assurance Revenue Fund. Existing law provides that moneys in the Hospital Quality Assurance Revenue Fund are continuously appropriated during the first program period of January 1, 2014, to December 31, 2016, inclusive, and available only for certain purposes, including paying for health care coverage for children, as specified, and making supplemental payments for certain services to private hospitals and increased capitation payments to Medi-Cal managed care plans. For subsequent program periods, existing law requires that the moneys in the Hospital Quality Assurance Revenue Fund be used for the above-described purposes upon appropriation by the Legislature in the annual Budget Act. Existing law provides that these provisions are inoperative on January 1, 2017, and that a hospital is not required to pay the hospital quality assurance fee after that date, as specified. +This bill would extend the operation of these provisions to January 1, 2018. The bill would instead, for the second program period and subsequent program periods, require moneys in the Hospital Quality Assurance Revenue Fund to be continuously appropriated, thereby making an appropriation, for the above-described purposes. +This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 14169.53 and 14169.75 of the Welfare and Institutions Code, relating to Medi-Cal, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately, bill related to the budget." +868,"The people of the State of California do enact as follows: + + +SECTION 1. +Item 0521-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read: +0521-101-3228—For local assistance, Secretary of Transportation, payable from the Greenhouse Gas Reduction Fund ........................ +135,000,000 +Schedule: +(1) +0276-Transit and Intercity Rail Capital Program ........................ +135,000,000 +Provisions: +1. +The funds appropriated in this item shall be available for allocation by the California Transportation Commission until June 30, 2018, and shall be available for encumbrance and liquidation until June 30, 2022. +SEC. 2. +Item 0540-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read: +0540-101-3228—For local assistance, Secretary of the Natural Resources Agency, payable from the Greenhouse Gas Reduction Fund ........................ +80,000,000 +Schedule: +(1) +0320-Administration of Natural Resources Agency ........................ +80,000,000 +Provisions: +1. +The funds appropriated in this item shall be used for urban greening programs. +2. +The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance and shall be available for liquidation until June 30, 2020. Not more than five percent of the amount appropriated in this item may be used for the administrative costs of the urban greening programs. +SEC. 3. +Item 0650-002-3228 is added to Section 2.00 of the Budget Act of 2016, to read: +0650-002-3228—For support of Office of Planning and Research, payable from the Greenhouse Gas Reduction Fund ........................ +2,000,000 +Schedule: +(1) +0370-Strategic Growth Council ........................ +2,000,000 +Provisions: +1. +The funds appropriated in this item shall be available to provide technical assistance to disadvantaged communities. +SEC. 4. +Item 0650-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read: +0650-101-3228— For local assistance, Office of Planning and Research, payable from the Greenhouse Gas Reduction Fund ........................ +140,000,000 +Schedule: +(1) +0370-Strategic Growth Council ........................ +140,000,000 +Provisions: +1. +The funds appropriated in this item shall be used for the Transformative Climate Communities Program described in Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code. This provision shall become operative only if Assembly Bill 2722 of the 2015–16 Regular Session is enacted and becomes operative. +2. +The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2019, for support or local assistance and shall be available for liquidation until June 30, 2021. Not more than five percent of the amount appropriated in this item may be used for administrative costs. +SEC. 5. +Item 0650-490 is added to Section 2.00 of the Budget Act of 2016, to read: +0650-490—Reappropriation, Office of Planning and Research. The balance of the appropriation provided in the following citation is reappropriated for the purposes provided for in that appropriation. Notwithstanding Section 16304.1 of the Government Code, the funds shall be available for liquidation of encumbrances until June 30, 2020. +3228—Greenhouse Gas Reduction Fund +(1) +Item 0650-101-3228, Budget Act of 2014 (Chs. 25 and 663, Stats. 2014) +SEC. 6. +Item 2240-491 is added to Section 2.00 of the Budget Act of 2016, to read: +2240-491—Reappropriation, Department of Housing and Community Development. The funds appropriated in the following citation that were encumbered as of June 29, 2016, but that were not liquidated on or before June 30, 2016, are reappropriated and encumbered for the same purposes that the funds were encumbered for as of June 29, 2016. Notwithstanding Section 16304.1 of the Government Code, the funds shall be available for liquidation of encumbrances until June 30, 2018. +6038—Building Equity and Growth in Neighborhoods (BEGIN) Fund +(1) +Item 2240-101-6038, Budget Act of 2011 (Ch. 33, Stats. 2011) +SEC. 7. +Item 2660-108-3228 is added to Section 2.00 of the Budget Act of 2016, to read: +2660-108-3228—For local assistance, Department of Transportation, Active Transportation Program (ATP), payable from the Greenhouse Gas Reduction Fund ........................ +10,000,000 +Schedule: +(1) +1835020-Local Assistance ........................ +10,000,000 +Provisions: +1. +The funds appropriated in this item shall be available for allocation by the California Transportation Commission until June 30, 2018, and shall be available for encumbrance and liquidation until June 30, 2020. +SEC. 8. +Item 3340-001-0318 of Section 2.00 of the Budget Act of 2016 is amended to read: +3340-001-0318—For support of California Conservation Corps, payable from the Collins-Dugan California Conservation Corps Reimbursement Account ........................ +40,706,000 +Schedule: +(1) +2360-Training and Work Program ........................ +40,706,000 +(2) +9900100-Administration ........................ +6,042,000 +(3) +9900200-Administration—Distributed ........................ +−6,042,000 +Provisions: +1. +Notwithstanding Section 14316 of the Public Resources Code, the Department of Finance may make a loan from the General Fund to the Collins-Dugan California Conservation Corps Reimbursement Account in the amount of 25 percent of the reimbursements anticipated in the Collins-Dugan California Conservation Corps Reimbursement Account, not to exceed an aggregate total of $7,300,000, to meet cashflow needs from delays in collecting reimbursements. Any loan made by the Department of Finance pursuant to this provision shall only be made if the California Conservation Corps has a valid contract or certification signed by the client agency that demonstrates that sufficient funds will be available to repay the loan. All moneys so transferred shall be repaid to the General Fund as soon as possible, but not later than one year from the date of the loan. +2. +Notwithstanding Section 28.50, the Department of Finance may augment this item to reflect increases in reimbursements to the Collins-Dugan California Conservation Corps Reimbursement Account received from another officer, department, division, bureau, or other agency of the state that has requested services from the California Conservation Corps. Any augmentation that is deemed to be necessary on a permanent basis shall be submitted for review as a part of the regular budget process. +3. +Notwithstanding Section 28.00, the Department of Finance may augment this item to reflect increases in reimbursements to the Collins-Dugan California Conservation Corps Reimbursement Account received from a local government, the federal government, or nonprofit organizations requesting emergency services from the California Conservation Corps after it has notified the Legislature through a letter to the Joint Legislative Budget Committee. Any augmentation that is deemed to be necessary on a permanent basis shall be submitted for review as a part of the regular budget process. +4. +Of the amount provided in this item, $3,000,000 is from the Department of Forestry and Fire Protection and shall be available for forest health projects targeting the highest fire risk areas of the state. +SEC. 9. +Item 3540-001-3228 is added to Section 2.00 of the Budget Act of 2016, to read: +3540-001-3228— For support of Department of Forestry and Fire Protection, payable from the Greenhouse Gas Reduction Fund ........................ +40,000,000 +Schedule: +(1) +2470-Resource Management ........................ +40,000,000 +Provisions: +1. +Of the amount appropriated in this item, $25,000,000 shall be available for healthy forest programs, including fuels treatment, pest and diseased tree removal, and long-term protection of forested lands. Of the amount dedicated to healthy forests programs, $3,000,000 shall be used to partner with the California Conservation Corps for forest health projects targeting the highest fire risk areas of the state. +2. +Of the amount appropriated in this item, $15,000,000 shall be available for urban forestry programs. +3. +The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance and shall be available for liquidation until June 30, 2020. +SEC. 10. +Item 3900-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read: +3900-101-3228—For local assistance, State Air Resources Board, payable from the Greenhouse Gas Reduction Fund ........................ +368,000,000 +Schedule: +(1) +3510-Climate Change ........................ +368,000,000 +Provisions: +1. +Of the amount appropriated in this item, $133,000,000 shall be used for the Clean Vehicle Rebate Project. +2. +Of the amount appropriated in this item, $80,000,000 shall be used for the Enhanced Fleet Modernization Program and Plus-Up Pilot Project. Of the $80,000,000, up to $20,000,000 may be used for other light-duty equity pilot projects authorized pursuant to Chapter 530 of the Statutes of 2014 (SB 1275). +3. +Of the amount appropriated in this item, $150,000,000 shall be used for heavy duty vehicles and off-road equipment investments. +4. +Of the amount appropriated in this item, $5,000,000 shall be used for black carbon woodsmoke programs. +5. +The funds appropriated in this item shall be available for encumbrance until June 30, 2018, and shall be available for liquidation of encumbrances until June 30, 2020. +SEC. 11. +Item 3970-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read: +3970-101-3228— For local assistance, Department of Resources Recycling and Recovery, payable from the Greenhouse Gas Reduction Fund ........................ +40,000,000 +Schedule: +(1) +3700-Waste Reduction and Management ........................ +40,000,000 +Provisions: +1. +Of the amount appropriated in this item, $40,000,000 shall be used for Waste Diversion and Greenhouse Gas Reduction Financial Assistance programs as specified in Section 42999 of the Public Resources Code. +2. +The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance and shall be available for liquidation until June 30, 2020. Not more than five percent of the amount appropriated in this item may be used for the administrative costs of Waste Diversion and Greenhouse Gas Reduction Financial Assistance programs as specified in Section 42999 of the Public Resources Code. +3. +This appropriation shall become operative only if Senate Bill 1383 of the 2015–16 Regular Session is enacted and becomes operative. +SEC. 12. +Item 4700-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read: +4700-101-3228—For local assistance, Department of Community Services and Development, for weatherization and renewable energy projects, payable from the Greenhouse Gas Reduction Fund ........................ +20,000,000 +Schedule: +(1) +4180-Energy Programs ........................ +20,000,000 +Provisions: +1. +The funds appropriated in this item shall be available for low-income weatherization programs. +2. +The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance, and shall be available for liquidation until June 30, 2020. Not more than five percent of the amount appropriated in this item may be used for the administrative costs of low-income weatherization programs. +SEC. 13. +Item 8570-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read: +8570-101-3228— For local assistance, Department of Food and Agriculture, payable from the Greenhouse Gas Reduction Fund ........................ +65,000,000 +Schedule: +(1) +6590-General Agricultural Activities ........................ +65,000,000 +Provisions: +1. +Of the amount appropriated in this item, $50,000,000 shall be used for early and extra methane emissions reductions from dairy and livestock operations. This provision shall become operative only if Senate Bill 1383 of the 2015–16 Regular Session is enacted and becomes operative. +2. +Of the amount appropriated in this item, $7,500,000 shall be used for the Healthy Soils Program, including no-till and compost applications. +3. +Of the amount appropriated in this item, $7,500,000 shall be available for the State Water Efficiency and Enhancement Program. +4. +The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance and shall be available for liquidation until June 30, 2020. Not more than ten percent of the amount appropriated in this item may be used for the administrative costs. +SEC. 14. +Section 39.00 of the Budget Act of 2016 is amended to read: +SEC. 39.00. +The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 1600, AB 1601, AB 1602, AB 1603, AB 1604, AB 1605, AB 1606, AB 1607, AB 1608, AB 1609, AB 1610, AB 1611, AB 1612, AB 1614, AB 1615, AB 1616, AB 1617, AB 1618, AB 1619, AB 1620, AB 1621, AB 1624, AB 1625, AB 1626, AB 1627, AB 1628, AB 1629, AB 1630, AB 1632, AB 1633, AB 1634, AB 1635, AB 1636, SB 828, SB 829, SB 831, SB 832, SB 833, SB 834, SB 835, SB 836, SB 837, SB 838, SB 839, SB 840, SB 841, SB 842, SB 843, SB 844, SB 845, SB 846, SB 847, SB 848, SB 849, SB 850, SB 851, SB 852, SB 854, SB 855 SB 856, SB 857, SB 858, SB 859, SB 860, SB 861, SB 862, SB 863, SB 864, and SB 865. +SEC. 15. +This act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately.","The Budget Act of 2016 made appropriations for the support of state government for the 2016–17 fiscal year. +This bill would amend the Budget Act of 2016 by amending and adding items of appropriation and making other changes. +This bill would declare that it is to take effect immediately as a Budget Bill.","An act to amend the Budget Act of 2016 (Chapter 23 of the Statutes of 2016) by amending Item 3340-001-0318 of, and adding Items 0521-101-3228, 0540-101-3228, 0650-002-3228, 0650-101-3228, 0650-490, 2240-491, 2660-108-3228, 3540-001-3228, 3900-101-3228, 3970-101-3228, 4700-101-3228, 8570-101-3228 to, Section 2.00 of, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill." +869,"The people of the State of California do enact as follows: + + +SECTION 1. +Item 2240-101-6082 of Section 2.00 of the Budget Act of 2016 is amended to read: +2240-101-6082—For local assistance, Department of Housing and Community Development, payable from the Housing for Veterans Fund ........................ +75,000,000 +Schedule: +(1) +1665-Financial Assistance Program ........................ +75,000,000 +Provisions: +1. +The Director of Finance may authorize an increase in this appropriation, up to the total amount of proceeds available pursuant to the Veterans Housing and Homeless Prevention Bond Act of 2014. Any approved increase shall correspond to the level of awards anticipated by the Department of Housing and Community Development. An approval of an augmentation may be authorized not sooner than 30 days after notification is provided in writing to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations. +2. +Notwithstanding Section 16304.1 of the Government Code, funds appropriated in this item shall be available for liquidation of encumbrances until June 30, 2022. The Director of Finance may authorize an extension of the liquidation period if it is determined that an extension is needed to facilitate a project’s completion. An approval may be authorized not sooner than 30 days after notification is provided in writing to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations. +3. +Of the funds appropriated in this item, $10,000,000 shall be made available by the Department of Housing and Community Development, in consultation with the Department of Veterans Affairs, for loans to counties or private nonprofit organizations, or both, for the construction or rehabilitation of transitional housing or shelter facilitates that provide services for homeless veterans. The Department of Housing and Community Development shall include in the guidelines priority for applicants that demonstrate need and focus on long-term solutions, including funding for mental health and addiction treatment services, as well as having proven long-term effectiveness. +SEC. 2. +Item 2240-105-0001 of Section 2.00 of the Budget Act of 2016 is amended to read: +2240-105-0001—For transfer by the Controller to the Emergency Housing and Assistance Fund ........................ +45,000,000 +Provisions: +1. +The funds transferred by this item shall be used for support costs and local assistance associated with administering the California Emergency Solutions Grant Program as set forth in Chapter 19 (commencing with Section 50899.1) of Part 2 of Division 31 of the Health and Safety Code. +2. +Of the funds appropriated in this item, $10,000,000 shall be made available to the Office of Emergency Services for the Homeless Youth Emergency Service Pilot Projects as set forth in Chapter 6 (commencing with Section 13700) of Part 3 of Division 9 of the Welfare and Institutions Code to fund new pilot projects over five years for the County of Orange, the County of Fresno, the County of San Bernardino, and the County of El Dorado. +SEC. 3. +Item 4260-001-3085 of Section 2.00 of the Budget Act of 2016 is amended to read: +4260-001-3085—For support of Department of Health Care Services, payable from the Mental Health Services Fund ........................ +13,620,000 +Schedule: +(1) +3960-Health Care Services ........................ +13,620,000 +Provisions: +1. +Funds appropriated in this item are in lieu of the amounts that otherwise would have been appropriated for administration pursuant to subdivision (d) of Section 5892 of the Welfare and Institutions Code. +2. +Of the funds appropriated in this item, $4,000,000 is available for encumbrance or expenditure until June 30, 2019, to support suicide hotlines throughout the state only if the Department of Finance determines that funds are available from the amounts allocated for state administration of the Mental Health Services Fund pursuant to subdivision (d) of Section 5892 of the Welfare and Institutions Code. These funds shall not be released sooner than 30 days after the Department of Finance provides notification of the availability of funds in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees in each house of the Legislature that consider the State Budget, and the Chairperson of the Joint Legislative Budget Committee. +SEC. 4. +Section 39.00 of the Budget Act of 2016 is amended to read: +SEC. 39.00. +The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 1600, AB 1601, AB 1602, AB 1603, AB 1604, AB 1605, AB 1606, AB 1607, AB 1608, AB 1609, AB 1610, AB 1611, AB 1612, AB 1613, AB 1614, AB 1615, AB 1616, AB 1617, AB 1618, AB 1619, AB 1620, AB 1621, AB 1623, SB 828, SB 829, SB 830, SB 831, SB 832, SB 833, SB 834, SB 835, SB 836, SB 837, SB 838, SB 839, SB 840, SB 841, SB 842, SB 843, SB 844, SB 845, SB 846, SB 847, SB 848, SB 849, SB 850, SB 851, and SB 852. +SEC. 5. +This act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately.","The Budget Act of 2016 made appropriations for the support of state government for the 2016–17 fiscal year. +This bill would amend the Budget Act of 2016 by revising items of appropriation and making other changes. +This bill would declare that it is to take effect immediately as a Budget Bill.","An act to amend the Budget Act of 2016 by amending Items 2240-101-6082, 2240-105-0001, and 4260-001-3085 of Section 2.00 of, and Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill." +870,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 905.2 of the Government Code is amended to read: +905.2. +(a) This section shall apply to claims against the state filed with the Department of General Services except as provided in subparagraph (B) of paragraph (2) of subdivision (b). +(b) There shall be presented in accordance with this chapter and Chapter 2 (commencing with Section 910) all claims for money or damages against the state: +(1) For which no appropriation has been made or for which no fund is available but the settlement of which has been provided for by statute or constitutional provision. +(2) (A) For which the appropriation made or fund designated is exhausted. +(B) Claims for reissuance of stale, dated, or replacement warrants shall be filed with the state entity that originally issued the warrant and, if allowed, shall be paid from the issuing entity’s current appropriation. +(3) For money or damages on express contract, or for an injury for which the state is liable. +(4) For which settlement is not otherwise provided for by statute or constitutional provision. +(c) Claimants shall pay a filing fee of twenty-five dollars ($25) for filing a claim described in subdivision (b), except for claims for reissuance of stale, dated, or replacement warrants as described in subparagraph (B) of paragraph (2) of subdivision (b). This fee shall be deposited into the Service Revolving Fund and shall only be available for the support of the Department of General Services upon appropriation by the Legislature. +(1) The fee shall not apply to the following persons: +(A) Persons who are receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplementary Payment (SSP) programs (Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code), the federal Supplemental Nutrition Assistance Program (SNAP; 7 U.S.C. Sec. 2011 et seq.), or Section 17000 of the Welfare and Institutions Code. +(B) Persons whose monthly income is 125 percent or less of the current monthly poverty line annually established by the Secretary of California Health and Human Services pursuant to the federal Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), as amended. +(C) Persons who are sentenced to imprisonment in a state prison or confined in a county jail, or who are residents in a state institution and, within 90 days prior to the date the claim is filed, have a balance of one hundred dollars ($100) or less credited to the inmate’s or resident’s trust account. A certified copy of the statement of the account shall be submitted. +(2) Any claimant who requests a fee waiver shall attach to the application a signed affidavit requesting the waiver and verification of benefits or income and any other required financial information in support of the request for the waiver. +(3) Notwithstanding any other law, an applicant shall not be entitled to a hearing regarding the denial of a request for a fee waiver. +(d) The time for the Department of General Services to determine the sufficiency, timeliness, or any other aspect of the claim shall begin when any of the following occur: +(1) The claim is submitted with the filing fee. +(2) The fee waiver is granted. +(3) The filing fee is paid to the department upon the department’s denial of the fee waiver request, so long as payment is received within 10 calendar days of the mailing of the notice of the denial. +(e) Upon approval of the claim by the Department of General Services, the fee shall be reimbursed to the claimant, except that no fee shall be reimbursed if the approved claim was for the payment of an expired warrant. Reimbursement of the filing fee shall be paid by the state entity against which the approved claim was filed. If the claimant was granted a fee waiver pursuant to this section, the amount of the fee shall be paid by the state entity to the department. The reimbursement to the claimant or the payment to the department shall be made at the time the claim is paid by the state entity, or shall be added to the amount appropriated for the claim in an equity claims bill. +(f) The Department of General Services may assess a surcharge to the state entity against which the approved claim was filed in an amount not to exceed 15 percent of the total approved claim. The department shall not include the refunded filing fee in the surcharge calculation. This surcharge shall be deposited into the Service Revolving Fund and may be appropriated in support of the department in the annual Budget Act. +(1) The surcharge shall not apply to approved claims to reissue expired warrants. +(2) Upon the request of the department in a form prescribed by the Controller, the Controller shall transfer the fees from the state entity’s appropriation to the appropriation for the support of the department. However, the department shall not request an amount that shall be submitted for legislative approval pursuant to Section 14659.10. +(g) The filing fee required by subdivision (c) shall apply to all claims filed after June 30, 2004, or the effective date of this statute. The surcharge authorized by subdivision (f) may be calculated and included in claims paid after June 30, 2004, or the effective date of the statute adding this subdivision. +(h) This section shall not apply to claims made for a violation of the California Whistleblower Protection Act (Article 3 (commencing with Section 8547) of Chapter 6.5 of Division 1 of Title 2). +SEC. 2. +Section 8590.6 of the Government Code is amended to read: +8590.6. +For the purposes of this article: +(a) “Comprehensive services” means primary services that include all of the following: +(1) Shelter or established referral services for shelter on a 24 hours a day, seven days a week, basis. +(2) A 24 hours a day, seven days a week, telephone hotline for crisis calls. +(3) Temporary housing and food facilities. +(4) Psychological support and peer counseling provided in accordance with Section 1038.2 of the Evidence Code. +(5) Referrals to existing services in the community. +(6) Emergency transportation, as feasible. +(b) “Director” means the Director of the Office of Emergency Services. +(c) “Fund” means the Human Trafficking Victims Assistance Fund. +(d) “Human trafficking caseworker” means a human trafficking caseworker as defined in Section 1038.2 of the Evidence Code, or a human trafficking caseworker who is employed by a homeless services provider that serves homeless children or youth and has completed a minimum of eight hours of training focused on victims of human trafficking from the Runaway and Homeless Youth Training and Technical Assistance Center. +(e) “Office” means the Office of Emergency Services. +(f) “Qualified nonprofit organization” means a nongovernmental, nonprofit organization that does both of the following: +(1) Employs a minimum of one individual who is a human trafficking caseworker. +(2) Provides services to victims of human trafficking, including, but not limited to, housing assistance, counseling services, and social services to victims of human trafficking. +(g) “Victim of human trafficking” means any person who is a trafficking victim as described in Section 236.1 of the Penal Code and satisfies either of the following conditions: +(1) Was trafficked in the state. +(2) Fled his or her trafficker to the state. +SEC. 3. +Section 15820.946 of the Government Code is amended to read: +15820.946. +(a) The participating county contribution for adult local criminal justice facilities financed under this chapter shall be a minimum of 10 percent of the total project costs. The BSCC may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution. +(b) The BSCC shall determine the funding and scoring criteria consistent with the requirements of this chapter. Financing shall be awarded only to those counties that have previously received only a partial award or have never received an award from the state within the financing programs authorized in Chapters 3.11 (commencing with Section 15820.90) to 3.131 (commencing with Section 15820.93), inclusive. +Notwithstanding this restriction, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to Napa County. +The funding criteria shall include, as a mandatory criterion, documentation of the percentage of pretrial inmates in the county jail from January 1, 2015, to December 31, 2015, inclusive, and a description of the county’s current risk assessment based pretrial release program. Funding preference shall also be given to counties that are most prepared to proceed successfully with this financing in a timely manner. The determination of preparedness to proceed shall include the following: +(1) Counties providing a board of supervisors’ resolution authorizing an adequate amount of available matching funds to satisfy the counties’ contribution and approving the forms of the project documents deemed necessary, as identified by the board to the BSCC, to effectuate the financing authorized by this chapter, and authorizing the appropriate signatory or signatories to execute those documents at the appropriate times. The identified matching funds in the resolution shall be compatible with the state’s lease-revenue bond financing. +(2) Counties providing documentation evidencing CEQA compliance has been completed. Documentation of CEQA compliance shall be either a final Notice of Determination or a final Notice of Exemption, as appropriate, and a letter from county counsel certifying the associated statute of limitations has expired and either no challenges were filed or identifying any challenges filed and explaining how they have been resolved in a manner that allows the project to proceed as proposed. +(c) Funding consideration shall be given to counties that are seeking to replace compacted, outdated, or unsafe housing capacity that will also add treatment space or counties that are seeking to renovate existing or build new facilities that provide adequate space for the provision of treatment and rehabilitation services, including mental health treatment. +(d) A participating county may replace existing housing capacity, realizing only a minimal increase of capacity, using this financing authority if the requesting county clearly documents an existing housing capacity deficiency. +(e) A participating county with a request resulting in any increase in capacity using this financing authority shall be required to certify and covenant in writing that the county is not, and will not be, leasing housing capacity to any other public or private entity for a period of 10 years beyond the completion date of the adult local criminal justice facility. +(f) Any locked facility constructed or renovated with state funding awarded under this program shall include space to provide onsite, in-person visitation capable of meeting or surpassing the minimum number of weekly visits required by state regulations for persons detained in the facility. +(g) Any county applying for financing authority under this program shall include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to this chapter. +SEC. 4. +Section 15820.947 is added to the Government Code, to read: +15820.947. +Notwithstanding the award restriction in subdivision (b) of Section 15820.946, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to Napa County without the submission by it of any further adult local criminal justice facility proposal. This amount may be utilized in conjunction with a partial award made to Napa County pursuant to Chapter 3.131 (commencing with Section 15820.93). These awards represent the maximum state contribution for the adult local criminal justice facility in Napa County. +SEC. 3. +SEC. 5. +The sum of three million dollars ($3,000,000) is hereby appropriated from the Gambling Control Fund to the Department of Justice for the purposes of Schedule (2) of Item 0820-001-0567 of Section 2.00 of the Budget Act of 2016 in order to address the backlog in investigations related to cardroom licensing. +SEC. 4. +SEC. 6. +This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","Existing law with respect to claims against public entities authorizes the “board,” as defined, to assess a surcharge to the state entity against which an approved claim was filed in an amount not to exceed 15% of the claim. Existing law requires the surcharge to be deposited into the General Fund and provides that it may be appropriated in support of the board in the annual Budget Act. +This bill would specify that the Department of General Services may assess this surcharge, would require the surcharge to be deposited into the Service Revolving Fund, and would specify that the surcharge may be appropriated to the department in the annual Budget Act. +Existing law defines a human trafficking caseworker to mean a human trafficking caseworker as defined by the Evidence Code. +This bill would expand that definition to include a human trafficking caseworker who is employed by a homeless services provider that serves homeless children or youth and has completed a minimum of 8 hours of training focused on victims of human trafficking from the Runaway and Homeless Youth Training and Technical Assistance Center. +Existing law authorizes the State Public Works Board to issue up to $270,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, and authorizes $20,000,000 to be awarded to Napa County. +This bill would require that $20,000,000 of the amount issued by the board in revenue bonds, notes, or bond anticipation notes be awarded to Napa County without the submission by it of any further adult local criminal justice facility proposal. The bill would also authorize those funds to be utilized in conjunction with a partial award made to Napa County pursuant to other specified provisions. +This bill would appropriate $3,000,000 from the Gambling Control Fund to the Department of Justice for the purposes of addressing the backlog in investigations related to cardroom licensing. +This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to amend Sections +905.2 and 8590.6 of +905.2, 8590.6, and 15820.946 of, and to add Section 15820.947 to, +the Government Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget." +871,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 15463 is added to the Government Code, to read: +15463. +(a) For purposes of this section, the following definitions shall apply: +(1) “No Place Like Home Program” has the same meaning as “program” as defined in Section 5849.2 of the Welfare and Institutions Code. +(2) “No Place Like Home Fund” means the No Place Like Home Fund established pursuant to Section 5849.4 of the Welfare and Institutions Code. +(3) “Permanent supportive housing” has the same meaning as “supportive housing” as defined in Section 50675.14 of the Health and Safety Code, except that “permanent supportive housing” shall include associated facilities if used to provide services to housing residents. +(b) The authority may issue taxable or tax-exempt revenue bonds in an amount not to exceed two billion dollars ($2,000,000,000), exclusive of refunding bonds but including any net premium derived from the sale of the bonds, pursuant to Sections 15441 to 15450, inclusive, for the purpose of financing permanent supportive housing pursuant to the No Place Like Home Program and through loans under subdivision (d). The authority may also utilize bond proceeds to fund necessary reserves for principal and interest, capitalized interest, credit enhancement or liquidity costs, costs of issuance, administrative expenses under Section 5849.4 of the Welfare and Institutions Code, and to reimburse loans under Section 5849.14 of the Welfare and Institutions Code. +(c) The authority may provide for the issuance of bonds of the authority for the purpose of redeeming, refunding, or retiring any bonds or any series or issue of bonds then outstanding issued under subdivision (b), including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption, purchase, or maturity of the bonds. Subdivisions (b) and (c) of Section 15446 apply to, and in connection with, bonds issued under this subdivision. Sections 15441 to 15445, inclusive, and Sections 15447 to 15450, inclusive, apply to, and in connection with, bonds issued under this subdivision in the same manner and to the same extent as bonds issued under subdivision (b). +(d) The authority may make secured or unsecured loans to the Department of Housing and Community Development in connection with financing permanent supportive housing pursuant to the No Place Like Home Program or to refund bonds previously issued pursuant to this section, in accordance with an agreement between the authority and the Department of Housing and Community Development. Loan proceeds may also be used to fund reserves for principal and interest, capitalized interest, credit enhancement and liquidity costs, expenses of funding, financing, and refinancing, administrative expenses under Section 5849.4 of the Welfare and Institutions Code, and to reimburse loans under Section 5849.14 of the Welfare and Institutions Code. +(e) Each of the authority and the Department of Housing and Community Development may enter into any agreement for credit enhancement or liquidity, execute any instruments, and do any other acts it deems necessary, convenient, or desirable in connection with revenue bonds issued pursuant to this section or carry out any power expressly granted pursuant to this section. +(f) (1) This section provides a complete, additional, and alternative method for performing the acts authorized by this section and shall be construed as supplemental and additional to powers conferred by other laws; provided, however, that the issuance of the bonds and refunding bonds and the execution of any agreements under this section are not subject to, and need not comply with, the requirements of any other law applicable to the issuance of those bonds or refunding bonds and the execution of those agreements, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). +(2) Except as provided in paragraph (1), funding or financing under this section shall not exempt the permanent supportive housing from the requirements of any other law otherwise applicable to the permanent supportive housing. +SEC. 2. +Section 5849.1 of the Welfare and Institutions Code is amended to read: +5849.1. +(a) The Legislature finds and declares that this part is consistent with and furthers the purposes of the Mental Health Services Act, enacted by Proposition 63 at the November 2, 2004, statewide general election, within the meaning of Section 18 of that measure. +(b) The Legislature further finds and declares all of the following: +(1) Housing is a key factor for stabilization and recovery to occur and results in improved outcomes for individuals living with a mental illness. +(2) Untreated mental illness can increase the risk of homelessness, especially for single adults. +(3) California has the nation’s largest homeless population that is disproportionally comprised of women with children, veterans, and the chronically homeless. +(4) California has the largest number of homeless veterans in the United States at 24 percent of the total population in our nation. Fifty percent of California’s veterans live with serious mental illness and 70 percent have a substance use disorder. +(5) Fifty percent of mothers experiencing homelessness have experienced a major depressive episode since becoming homeless and 36 percent of these mothers live with post-traumatic stress disorder and 41 percent have a substance use disorder. +(6) Ninety-three percent of supportive housing tenants who live with mental illness and substance use disorders voluntarily participated in the services offered. +(7) Adults who receive 2 years of “whatever-it-takes,” or Full Service Partnership services, experience a 68 percent reduction in homelessness. +(8) For every dollar of bond funds invested in permanent supportive housing, the state and local governments can leverage a significant amount of additional dollars through tax credits, Medicaid health services funding, and other housing development funds. +(9) Tenants of permanent supportive housing reduced their visits to the emergency department by 56 percent, and their hospital admissions by 45 percent. +(10) The cost in public services for a chronically homeless Californian ranges from $60,000 to $100,000 annually. When housed, these costs are cut in half and some reports show reductions in cost of more than 70 percent, including potentially less involvement with the health and criminal justice systems. +(11) Californians have identified homelessness as their top tier priority; this measure seeks to address the needs of the most vulnerable people within this population. +(12) Having counties provide mental health programming and services is a benefit to the state. +(13) The Department of Housing and Community Development is the state entity with sufficient expertise to implement and oversee a grant or loan program for permanent supportive housing of the target population. +(14) The California Health Facilities Financing Authority is authorized by law to issue bonds and to consult with the Mental Health Services Oversight and Accountability Commission and the State Department of Health Care Services concerning the implementation of a grant or loan program for California counties to support the development of programs that increase access to, and capacity for, crisis mental health services. It is therefore appropriate for the authority to issue bonds and contract for services with the Department of Housing and Community Development to provide grants or loans to California counties for permanent supportive housing for the target population. +(15) Use of bond funding will accelerate the availability of funding for the grant or loan program to provide permanent supportive housing for the target population as compared to relying on annual allocations from the Mental Health Services Fund and better allow counties to provide permanent supportive housing for homeless individuals living with mental illness. +(16) The findings and declarations set forth in subdivision (c) of Section 5849.35 are hereby incorporated herein. +SEC. 3. +Section 5849.2 of the Welfare and Instiace Like Home Program Advisory Committee established pursuant to Section 5849.3. +(f) “County” includes, but is not limited to, a city and county, and a city receiving funds pursuant to Section 5701.5. +(g) “Department” means the Department of Housing and Community Development. +(h) “Development sponsor” has the same meaning as “sponsor” as defined in Section 50675.2 of the Health and Safety Code. +(i) “Fund” means the No Place Like Home Fund established pursuant to Section 5849.4. +(j) “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on May 1, 2016. +(k) “Permanent supportive housing” has the same meaning as “supportive housing,” as defined in Section 50675.14 of the Health and Safety Code, except that “permanent supportive housing” shall include associated facilities if used to provide services to housing residents. +(l) “Program” means the process for awarding funds and distributing moneys to applicants established in Sections 5849.7, 5849.8, and 5849.9 and the ongoing monitoring and enforcement of the applicants’ activities pursuant to Sections 5849.8, 5849.9, and 5849.11. +(1) “Competitive program” means that portion of the program established by Section 5849.8. +(2) “Distribution program” means that portion of the program described in Section 5849.9. +(m) “Target population” means individuals or households as provided in Section 5600.3 who are homeless, chronically homeless, or at risk of chronic homelessness.","(1) The Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, imposes a 1% tax on that portion of a taxpayer’s taxable income that exceeds $1,000,000 and requires that the revenue from that tax be deposited in the Mental Health Services Fund to fund various county mental health programs. The MHSA authorizes the Legislature to amend its provisions by a +2/3 +vote, provided that the amendment is consistent with and furthers the intent of the act. +Existing law, known as the No Place Like Home Program, requires the Department of Housing and Community Development to award $2,000,000,000 among counties to finance capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, and to capitalize operating reserves, of permanent supportive housing for the target population, as specified. Existing law requires the department to distribute $1,800,000,000 through a competitive program and to allocate $200,000,000 among all counties within this state on an “over-the-counter” population basis. +The bill would authorize the California Health Facilities Financing Authority and the department to, among other things, enter into contracts to provide services pursuant to the No Place Like Home Program related to permanent supportive housing. The bill would also authorize the authority to issue taxable or tax-exempt revenue bonds in an amount not to exceed $2,000,000,000 for these purposes and to make secured or unsecured loans to the department in connection with financing permanent supportive housing pursuant to the No Place Like Home Program. The bill would require that the dollar limit on amounts distributed under the No Place Like Home Program be based on the principal amount of bonds issued by the authority and loaned to the department. +The bill would additionally authorize the use of moneys in the Mental Health Services Fund for the purposes of the No Place Like Home Program. The bill would also establish and continuously appropriate the Supportive Housing Program Subaccount in the Mental Health Services Fund. The bill would require the Controller, no later than the last day of each month and prior to any transfer or expenditure from the fund for any other purpose for the following month, to transfer from the Mental Health Services Fund to the Supportive Housing Program Subaccount an amount necessary to cover the costs the authority is required to pay to the department pursuant to an above-described service contract, as determined by the authority but not to exceed an aggregate amount of $140,000,000 per year. The bill would prohibit moneys in the Supportive Housing Program Subaccount from being loaned to the General Fund pursuant to specified statutes. +The bill would exempt service contracts between the department and the authority pursuant to these provisions from specified public contracting laws. The bill would also exempt loan agreements between the department and the authority and revenue bonds issued by the authority from any other law applicable to the execution of those agreements or issuance of those bonds, including the California Environmental Quality Act. +(2) Existing law establishes the No Place Like Home Fund and continuously appropriates the moneys in this fund to the Department of Housing and Community Development for the purposes of the No Place Like Home Program. Existing law requires the deposit into the fund of, among other moneys, any proceeds from the issuance of bonds by the Treasurer. +This bill would instead require the department to deposit into the fund the proceeds of loans derived from the issuance of bonds under this bill by the California Health Facilities Financing Authority. The bill would additionally continuously appropriate moneys in the fund to the Treasurer and the authority for purposes of the No Place Like Home Program. +(3) Existing law requires counties to annually report specified information to the Department of Housing and Community Development on activities funded under the No Place Like Home Program, including information on the funded supportive housing development. Existing law also requires the department to report specified information on the program to the Legislature by December 31 of each year, commencing with the year after the first full year in which the program is in effect. +This bill would require the department to monitor county compliance with applicable program regulations, loan agreements and regulatory agreements and any agreements related to the program that designate the department as a 3rd party beneficiary, and enforce those agreements to the extent necessary and desirable in order to provide, to the greatest degree possible, the successful provision of permanent supportive housing. The bill would require the department to submit a report to the California Health Facilities Financing Authority by December 31 of each year, commencing with the year after the first full year in which the program is in effect, that contains specified information about the counties participating in the program and the services that have been provided pursuant to any service contracts between the department and the authority, as described above. +(4) Existing law establishes a procedure by which a public agency may bring an action in the superior court to determine the validity of any matter authorized by other law. Existing law authorizes an action under this procedure to determine the legality of any action by the Department of Housing and Community Development related to the No Place Like Home Program. Existing law requires the department to issue its first request for proposal for the competitive program no later than 180 days, and to make its first allocation of “over-the-counter” funds within 60 days, after the deadline for appeals under the validation procedure. +This bill would recast this authorization to instead authorize an action to determine the validity of any service contract or loan agreement between the department and the California Health Facilities Financing Authority, as described above, in accordance with specified provisions governing actions to determine the validity of bonds, warrants, contracts, obligations, or evidences of indebtedness. The bill would instead require the department to issue its first request for proposal no later than 180 days, and to make its first allocation of “over-the-counter” funds as soon as reasonably practical, but no later than 150 days, after the effective date of a final judgment with no further opportunity for appeals, in any court proceeding affirming the validity of the service contracts between the department and the authority and any bonds issued by the authority. +(5) Existing law authorizes the Department of Finance to authorize a loan from the General Fund to the No Place Like Home Fund for cashflow purposes in an amount not to exceed $1,000,000. Existing law requires that a loan comply with certain requirements, including that the purpose of the loan is to allow the department to begin implementation activities related to the No Place Like Home Program, including drafting program guidelines and regulations. +This bill would instead authorize the Department of Finance to authorize one or more loans from the General Fund to the No Place Like Home Fund in an aggregate amount not to exceed $2,000,000. The bill would additionally authorize loans for the purpose of allowing the Department of Housing and Community Development, the California Health Facilities Financing Authority, and the Treasurer to implement the above-described provisions pertaining to service contracts and loan agreements between the department and the authority and revenue bonds issued by the authority. +(6) Existing law makes various findings and declarations regarding the No Place Like Home Program. +This bill would make additional findings and declarations pertaining to the financing and implementation of the No Place Like Home Program. The bill would also make various technical and conforming changes to the No Place Like Home Program. +(7) This bill would declare that its provisions further the intent of the MHSA. +(8) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to add Section 15463 to the Government Code, and to amend Sections 5849.1, 5849.2, 5849.3, 5849.4, 5849.5, 5849.7, 5849.8, 5849.9, 5849.11, 5849.14, 5890, and 5891 of, to add Section 5849.35 to, and to repeal and add Section 5849.13 of, the Welfare and Institutions Code, relating to mental health services, and making an appropriation therefor, to take effect immediately, bill related to the budget." +872,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 13.5 (commencing with Section 33479) is added to Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code, to read: +Article 13.5. The Eric Paredes Sudden Cardiac Arrest Prevention Act +33479. +This act shall be known, and may be cited, as the Eric Paredes Sudden Cardiac Arrest Prevention Act. +33479.1. +For purposes of this article, the following definitions apply: +(a) “Athletic activity” includes all of the following: +(1) Interscholastic athletics. +(2) An athletic contest or competition, other than interscholastic athletics, that is sponsored by a school, including cheerleading and club-sponsored sports activities. +(3) Noncompetitive cheerleading that is sponsored by a school. +(4) Practices, interscholastic practices, and scrimmages for all of the activities listed under paragraphs (1) to (3), inclusive. +(b) “Authorized person” means an employee, volunteer, or contractor authorized to provide health or medical services to pupil athletes. +(c) “School” means a public school, including a charter school, or private school that elects to conduct athletic activities. +33479.2. +(a) The department shall post on its Internet Web site guidelines, videos, and an information sheet on sudden cardiac arrest symptoms and warning signs, and other relevant materials to inform and educate pupils and parents, and to train coaches about the nature and warning signs of sudden cardiac arrest, including the risks associated with continuing to play or practice after experiencing fainting or seizures during exercise, unexplained shortness of breath, chest pains, dizziness, racing heart rate, or extreme fatigue. +(b) Materials posted by the department on its Internet Web site may include, but are not necessarily limited to, those developed or used for sudden cardiac arrest education and coaches training by the National Federation of High School Associations, the Eric Paredes Save A Life Foundation, or the California Interscholastic Federation. +(c) School districts and schools are encouraged to post on their Internet Web sites the information and material required to be posted by the department pursuant to subdivision (a) to give pupils, parents, and coaches ready access to the information. +33479.3. +Each school year, before a pupil participates in an athletic activity governed by the California Interscholastic Federation, the school shall collect and retain a copy of the sudden cardiac arrest information sheet required by the California Interscholastic Federation for that pupil. Before a pupil participates in an athletic activity not governed by the California Interscholastic Federation, the pupil and the pupil’s parent or guardian shall sign and return to the pupil’s school an acknowledgment of receipt and review of the information sheet posted on the department’s Internet Web site pursuant to subdivision (a) of Section 33479.2. +33479.4. +A school may hold an informational meeting before the start of each athletic season for all ages of competitors regarding the symptoms and warning signs of sudden cardiac arrest. In addition to pupils, parents, coaches, and other school officials, informational meetings may include physicians, pediatric cardiologists, athletic trainers, and authorized persons. +33479.5. +(a) A pupil who passes out or faints while participating in or immediately following an athletic activity, or who is known to have passed out or fainted while participating in or immediately following an athletic activity, shall be removed from participation at that time by the athletic director, coach, athletic trainer, or authorized person. +(b) A pupil who exhibits any of the other symptoms of sudden cardiac arrest, as described in subdivision (a) of Section 33479.2, during an athletic activity, may be removed from participation by an athletic trainer or authorized person if the athletic trainer or authorized person reasonably believes that the symptoms are cardiac related. In the absence of an athletic trainer or authorized person, any coach who observes any of the symptoms of sudden cardiac arrest shall notify the parent or guardian of the pupil so that the parent or guardian can determine what treatment, if any, the pupil should seek. +(c) A pupil who is removed from play under this section shall not be permitted to return to participate in an athletic activity until the pupil is evaluated and cleared to return to participate in writing by a physician and surgeon, or a nurse practitioner or physician assistant practicing in accordance with standardized procedures or protocols developed by the supervising physician and surgeon and the nurse practitioner or physician assistant, as applicable. +(d) This section does not apply to a pupil engaging in an athletic activity during the regular schoolday or as part of a physical education course required pursuant to subdivision (d) of Section 51220 unless it constitutes a practice, interscholastic practice, or scrimmage pursuant to paragraph (4) of subdivision (a) of Section 33479.1. +33479.6. +(a) A coach of an athletic activity shall complete the sudden cardiac arrest training course specified in Section 33479.2 and shall retake the training course every two years thereafter. +(b) A coach of an athletic activity shall not be eligible to coach an athletic activity until the coach completes the training course required under subdivision (a). +33479.7. +On and after July 1, 2019, a coach who violates Section 33479.6 shall be subject to suspension from coaching any athletic activity until completion of the required training. +33479.8. +The sponsors of youth athletic activities are encouraged to follow the guidelines specified in this article. +33479.9. +This article is operative on July 1, 2017.","Existing law requires a school district, charter school, or private school that elects to offer an athletic program to comply with certain requirements relating to pupil safety, including, among other things, removing an athlete who is suspected of sustaining a concussion or head injury from an athletic activity. +This bill would create the Eric Paredes Sudden Cardiac Arrest Prevention Act and would require the State Department of Education to post on its Internet Web site guidelines, videos, and an information sheet on sudden cardiac arrest symptoms and warning signs, and other relevant materials relating to sudden cardiac arrest. The bill would require a pupil in any public school, including a charter school, or private school that elects to conduct athletic activities, and the pupil’s parent or guardian, to sign and return an acknowledgment of receipt of an information sheet on sudden cardiac arrest symptoms and warning signs each school year before the pupil participates in an athletic activity, as specified. The bill would require an athletic director, coach, athletic trainer, or authorized person, as defined, to remove from participation a pupil who passes out or faints while participating in or immediately following an athletic activity, and would require a coach of an athletic activity to complete a sudden cardiac arrest training course every other school year. The bill would impose penalties, on and after July 1, 2019, for a violation of the provision requiring a coach to complete a sudden cardiac arrest training course, as specified. The bill would make the act’s provisions operative on July 1, 2017.","An act to add Article 13.5 (commencing with Section 33479) to Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code, relating to pupil safety." +873,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7522.02 of the Government Code is amended to read: +7522.02. +(a) (1) Notwithstanding any other law, except as provided in this article, on and after January 1, 2013, this article shall apply to all state and local public retirement systems and to their participating employers, including the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Legislators’ Retirement System, the Judges’ Retirement System, the Judges’ Retirement System II, county and district retirement systems created pursuant to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3), independent public retirement systems, and to individual retirement plans offered by public employers. However, this article shall be subject to the Internal Revenue Code and Section 17 of Article XVI of the California Constitution. The administration of the requirements of this article shall comply with applicable provisions of the Internal Revenue Code and the Revenue and Taxation Code. +(2) Notwithstanding paragraph (1), this article shall not apply to the entities described in Section 9 of Article IX of, and Sections 4 and 5 of Article XI of, the California Constitution, except to the extent that these entities continue to be participating employers in any retirement system governed by state statute. Accordingly, any retirement plan approved before January 1, 2013, by the voters of any entity excluded from coverage by this section shall not be affected by this article. +(3) +(A) +Notwithstanding paragraph (1), this article shall not apply to a public employee whose interests are protected under Section 5333(b) of Title 49 of the United States Code and who became a member of a state or local public retirement system prior to December 30, 2014. +(B) If a federal district court upholds the determination of the United States Secretary of Labor, or his or her designee, that application of this article precludes him or her from providing a certification under Section 5333(b) of Title 49 of the United States Code, this article shall not apply to a public employee whose interests are protected under that section. +(4) Notwithstanding paragraph (1), this article shall not apply to a multiemployer plan authorized by Section 302(c)(5) of the federal Taft-Hartley Act (29 U.S.C. Sec. 186(c)(5)) if the public employer began participation in that plan prior to January 1, 2013, and the plan is regulated by the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.). +(b) The benefit plan required by this article shall apply to public employees who are new members as defined in Section 7522.04. +(c) (1) Individuals who were employed by any public employer before January 1, 2013, and who became employed by a subsequent public employer for the first time on or after January 1, 2013, shall be subject to the retirement plan that would have been available to employees of the subsequent employer who were first employed by the subsequent employer on or before December 31, 2012, if the individual was subject to concurrent membership for which creditable service was performed in the previous six months or reciprocity established under any of the following provisions: +(A) Article 5 (commencing with Section 20350) of Chapter 3 of Part 3 of Division 5 of Title 2. +(B) Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3. +(C) Any agreement between public retirement systems to provide reciprocity to members of the systems. +(D) Section 22115.2 of the Education Code. +(2) An individual who was employed before January 1, 2013, and who, without a separation from employment, changed employment positions and became subject to a different defined benefit plan in a different public retirement system offered by his or her employer shall be subject to that defined benefit plan as it would have been available to employees who were first employed on or before December 31, 2012. +(d) If a public employer, before January 1, 2013, offers a defined benefit pension plan that provides a defined benefit formula with a lower benefit factor at normal retirement age and results in a lower normal cost than the defined benefit formula required by this article, that employer may continue to offer that defined benefit formula instead of the defined benefit formula required by this article, and shall not be subject to the requirements of Section 7522.10 for pensionable compensation subject to that formula. However, if the employer adopts a new defined benefit formula on or after January 1, 2013, that formula must conform to the requirements of this article or must be determined and certified by the retirement system’s chief actuary and the retirement board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the defined benefit plan may only participate in the lower cost defined benefit formula that was in place before January 1, 2013, or a defined benefit formula that conforms to the requirements of this article or is approved by the Legislature as provided in this subdivision. +(e) If a public employer, before January 1, 2013, offers a retirement benefit plan that consists solely of a defined contribution plan, that employer may continue to offer that plan instead of the defined benefit pension plan required by this article. However, if the employer adopts a new defined benefit pension plan or defined benefit formula on or after January 1, 2013, that plan or formula must conform to the requirements of this article or must be determined and certified by the retirement system’s chief actuary and the system’s board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the employer’s plan may only participate in the defined contribution plan that was in place before January 1, 2013, or a defined contribution plan or defined benefit formula that conforms to the requirements of this article. This subdivision shall not be construed to prohibit an employer from offering a defined contribution plan on or after January 1, 2013, either with or without a defined benefit plan, whether or not the employer offered a defined contribution plan prior to that date. +(f) (1) If, on or after January 1, 2013, the Cities of Brea and Fullerton form a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5), that joint powers authority may provide employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of the City of Brea, the City of Fullerton, or a city described in paragraph (2) who is not a new member and subsequently is employed by the joint powers authority within 180 days of the city providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. +(2) On or before January 1, 2017, a city in Orange County that is contiguous to the City of Brea or the City of Fullerton may join the joint powers authority described in paragraph (1) but not more than three cities shall be permitted to join. +(3) The formation of a joint powers authority on or after January 1, 2013, shall not act in a manner as to exempt a new employee or a new member, as defined by Section 7522.04, from the requirements of this article. New members may only participate in a defined benefit plan or formula that conforms to the requirements of this article. +(g) The Judges’ Retirement System and the Judges’ Retirement System II shall not be required to adopt the defined benefit formula required by Section 7522.20 or 7522.25 or the compensation limitations defined in Section 7522.10. +(h) This article shall not be construed to provide membership in any public retirement system for an individual who would not otherwise be eligible for membership under that system’s applicable rules or laws. +(i) On and after January 1, 2013, each public retirement system shall modify its plan or plans to comply with the requirements of this article and may adopt regulations or resolutions for this purpose.","The California Public Employees’ Pension Reform Act of 2013 (PEPRA) requires a public retirement system, as defined, to modify its plan or plans to comply with the act and, among other provisions, establishes new retirement formulas that may not be exceeded by a public employer offering a defined benefit pension plan for employees first hired on or after January 1, 2013. PEPRA exempts from its provisions certain public employees whose collective bargaining rights are subject to specified provisions of federal law until a specified federal district court decision on a certification by the United States Secretary of Labor, or until January 1, 2016, whichever is sooner. +This bill would extend indefinitely that exemption for those public employees, whose collective bargaining rights are subject to specified provisions of federal law and who became a member of a state or local public retirement system prior to December 30, 2014. +The bill would exempt these employees from PEPRA without regard to date of hire upon issuance of a specified federal district court decision.","An act to amend Section 7522.02 of the Government Code, relating to retirement." +874,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 47607 of the Education Code is amended to read: +47607. +(a) (1) +A +Initially, a +charter may be granted pursuant to Sections 47605, 47605.5, and 47606 for a period not to exceed five years. A charter granted by a school district governing board, a county board of education, or the state board may be granted one or more subsequent renewals by that entity. Each +renewal +of the first two renewals +shall be for a period of five years. +Subsequent renewals shall be for a period requested by the charter school not to exceed 15 years. +A material revision of the provisions of a charter petition may be made only with the approval of the authority that granted the charter. The authority that granted the charter may inspect or observe any part of the charter school at any time. +(2) Renewals and material revisions of charters are governed by the standards and criteria in Section 47605, and shall include, but not be limited to, a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed. +(3) (A) The authority that granted the charter shall consider increases in pupil academic achievement for all groups of pupils served by the charter school as the most important factor in determining whether to grant a charter renewal. +(B) For purposes of this section, “all groups of pupils served by the charter school” means a numerically significant pupil subgroup, as defined by paragraph (3) of subdivision (a) of Section 52052, served by the charter school. +(b) Commencing on January 1, 2005, or after a charter school has been in operation for four years, whichever date occurs later, a charter school shall meet at least one of the following criteria before receiving a charter renewal pursuant to paragraph (1) of subdivision (a): +(1) Attained its Academic Performance Index (API) growth target in the prior year or in two of the last three years both schoolwide and for all groups of pupils served by the charter school. +(2) Ranked in deciles 4 to 10, inclusive, on the API in the prior year or in two of the last three years. +(3) Ranked in deciles 4 to 10, inclusive, on the API for a demographically comparable school in the prior year or in two of the last three years. +(4) (A) The +entity +authority +that granted the charter determines that the academic performance of the charter school is at least equal to the academic performance of the public schools that the charter school pupils would otherwise have been required to attend, as well as the academic performance of the schools in the school district in which the charter school is located, taking into account the composition of the pupil population that is served at the charter school. +(B) The determination made pursuant to this paragraph shall be based upon all of the following: +(i) Documented and clear and convincing data. +(ii) Pupil achievement data from assessments, including, but not limited to, the +Standardized Testing and Reporting Program +pupil assessment program +established by Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 for demographically similar pupil populations in the comparison schools. +(iii) Information submitted by the charter school. +(C) A chartering authority shall submit to the Superintendent copies of supporting documentation and a written summary of the basis for any determination made pursuant to this paragraph. The Superintendent shall review the materials and make recommendations to the chartering authority based on that review. The review may be the basis for a recommendation made pursuant to Section 47604.5. +(D) A charter renewal may not be granted to a charter school +prior to +before +30 days after that charter school submits materials pursuant to this paragraph. +(5) Qualified for an alternative accountability system pursuant to subdivision (h) of Section 52052. +(c) (1) A charter may be revoked by the authority that granted the charter under this chapter if the authority finds, through a showing of substantial evidence, that the charter school did any of the following: +(A) Committed a material violation of any of the conditions, standards, or procedures set forth in the charter. +(B) Failed to meet or pursue any of the pupil outcomes identified in the charter. +(C) Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement. +(D) Violated any provision of law. +(2) The authority that granted the charter shall consider increases in pupil academic achievement for all groups of pupils served by the charter school as the most important factor in determining whether to revoke a charter. +(d) Before revocation, the authority that granted the charter shall notify the charter school of any violation of this section and give the +charter +school a reasonable opportunity to remedy the violation, unless the authority determines, in writing, that the violation constitutes a severe and imminent threat to the health or safety of the pupils. +(e) Before revoking a charter for failure to remedy a violation pursuant to subdivision (d), and after expiration of the +charter +school’s reasonable opportunity to remedy without successfully remedying the violation, the chartering authority shall provide a written notice of intent to revoke and notice of facts in support of revocation to the charter school. No later than 30 days after providing the notice of intent to revoke a charter, the chartering authority shall hold a public hearing, in the normal course of business, on the issue of whether evidence exists to revoke the charter. No later than 30 days after the public hearing, the chartering authority shall issue a final decision to revoke or decline to revoke the charter, unless the chartering authority and the charter school agree to extend the issuance of the decision by an additional 30 days. The chartering authority shall not revoke a charter, unless it makes written factual findings supported by substantial evidence, specific to the charter school, that support its findings. +(f) (1) If a school district is the chartering authority and it revokes a charter pursuant to this section, the charter school may appeal the revocation to the county board of education within 30 days following the final decision of the chartering authority. +(2) The county board of education may reverse the revocation decision if the county board of education determines that the findings made by the chartering authority under subdivision (e) are not supported by substantial evidence. The school district may appeal the reversal to the state board. +(3) If the county board of education does not issue a decision on the appeal within 90 days of receipt, or the county board of education upholds the revocation, the charter school may appeal the revocation to the state board. +(4) The state board may reverse the revocation decision if the state board determines that the findings made by the chartering authority under subdivision (e) are not supported by substantial evidence. The state board may uphold the revocation decision of the school district if the state board determines that the findings made by the chartering authority under subdivision (e) are supported by substantial evidence. +(g) (1) If a county office of education is the chartering authority and the county board of education revokes a charter pursuant to this section, the charter school may appeal the revocation to the state board within 30 days following the decision of the chartering authority. +(2) The state board may reverse the revocation decision if the state board determines that the findings made by the chartering authority under subdivision (e) are not supported by substantial evidence. +(h) If the revocation decision of the chartering authority is reversed on appeal, the +agency +authority +that granted the charter shall continue to be regarded as the chartering authority. +(i) During the pendency of an appeal filed under this section, a charter school, whose revocation proceedings are based on subparagraph (A) or (B) of paragraph (1) of subdivision (c), shall continue to qualify as a charter school for funding and for all other purposes of this part, and may continue to hold all existing grants, resources, and facilities, in order to ensure that the education of pupils enrolled in the +charter +school is not disrupted. +(j) Immediately following the decision of a county board of education to reverse a decision of a school district to revoke a charter, the following shall apply: +(1) The charter school shall qualify as a charter school for funding and for all other purposes of this part. +(2) The charter school may continue to hold all existing grants, resources, and facilities. +(3) Any funding, grants, resources, and facilities that had been withheld from the charter school, or that the charter school had otherwise been deprived of use, as a result of the revocation of the charter shall be immediately reinstated or returned. +(k) A final decision of a revocation or appeal of a revocation pursuant to subdivision (c) shall be reported to the chartering authority, the county board of education, and the department. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law authorizes a school district governing board, a county board of education, or the State Board of Education to grant a charter to a charter school for an initial period not to exceed 5 years followed by renewals every 5 years. +This bill would provide that each of the first 2 renewals shall be for a period of 5 years and subsequent renewals shall be for a period requested by the charter school not to exceed 15 years. To the extent this bill would impose additional duties on school districts or county offices of education, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 47607 of the Education Code, relating to charter schools." +875,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14005.12 of the Welfare and Institutions Code is amended to read: +14005.12. +(a) For the purposes of Sections 14005.4 and 14005.7, the department shall establish the income levels for maintenance need at the lowest levels that reasonably permit medically needy persons to meet their basic needs for food, clothing, and shelter, and for which federal financial participation will still be provided under Title XIX of the federal Social Security Act. It is the intent of the Legislature that the income levels for maintenance need for medically needy aged, blind, and disabled adults, in particular, shall be based upon amounts that adequately reflect their needs. +(1) Subject to paragraph (2), reductions in the maximum aid payment levels set forth in subdivision (a) of Section 11450 in the 1991–92 fiscal year, and thereafter, shall not result in a reduction in the income levels for maintenance under this section. +(2) (A) The department shall seek any necessary federal authorization for maintaining the income levels for maintenance at the levels in effect June 30, 1991. +(B) If federal authorization is not obtained, medically needy persons shall not be required to pay the difference between the share of cost as determined based on the payment levels in effect on June 30, 1991, under Section 11450, and the share of cost as determined based on the payment levels in effect on July 1, 1991, and thereafter. +(3) Any medically needy person who was eligible for benefits under this chapter as categorically needy for the calendar month immediately preceding the effective date of the reductions in the minimum basic standards of adequate care for the Aid to Families with Dependent Children program as set forth in Section 11452.018 made in the 1995–96 Regular Session of the Legislature shall not be responsible for paying his or her share of cost if all of the following apply: +(A) He or she had eligibility as categorically needy terminated by the reductions in the minimum basic standards of adequate care. +(B) He or she, but for the reductions, would be eligible to continue receiving benefits under this chapter as categorically needy. +(C) He or she is not eligible to receive benefits without a share of cost as a medically needy person pursuant to paragraph (1) or (2). +(b) In the case of a single individual, the amount of the income level for maintenance per month shall be 80 percent of the highest amount that would ordinarily be paid to a family of two persons, without any income or resources, under subdivision (a) of Section 11450, multiplied by the federal financial participation rate. +(c) In the case of a family of two adults, the income level for maintenance per month shall be the highest amount that would ordinarily be paid to a family of three persons without income or resources under subdivision (a) of Section 11450, multiplied by the federal financial participation rate. +(d) For the purposes of Sections 14005.4 and 14005.7, for a person in a medical institution or nursing facility, or for a person receiving institutional or noninstitutional services from a Program of All-Inclusive Care for the Elderly organization pursuant to Chapter 8.75 (commencing with Section 14591), the amount considered as required for maintenance per month shall be computed in accordance with, and for those purposes required by, Title XIX of the federal Social Security Act, and regulations adopted pursuant thereto. Those amounts shall be computed pursuant to regulations which include providing for the following purposes: +(1) Personal and incidental needs in the amount of not less than +thirty-five dollars ($35) +eighty dollars ($80) +per month while a patient. The department +may, +shall, +by regulation, +annually +increase this amount +as necessitated by increasing costs of personal and incidental needs. +based on the percentage increase in the California Consumer Price Index. +A long-term health care facility shall not charge an individual for the laundry services or periodic hair care specified in Section 14110.4. +(2) The upkeep and maintenance of the home. +(3) The support and care of his or her minor children, or any disabled relative for whose support he or she has contributed regularly, if there is no community spouse. +(4) If the person is an institutionalized spouse, for the support and care of his or her community spouse, minor or dependent children, dependent parents, or dependent siblings of either spouse, provided the individuals are residing with the community spouse. +(5) The community spouse monthly income allowance shall be established at the maximum amount permitted in accordance with Section 1924(d)(1)(B) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396r-5(d)(1)(B)). +(6) The family allowance for each family member residing with the community spouse shall be computed in accordance with the formula established in Section 1924(d)(1)(C) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396r-5(d)(1)(C)). +(e) For the purposes of Sections 14005.4 and 14005.7, with regard to a person in a licensed community care facility, the amount considered as required for maineligibility is determined as a single unit under Section 14008, the income levels for maintenance per month shall be established for each household in accordance with subdivisions (b) to (h), inclusive. The total of these levels shall be the level for the single eligibility unit. +(j) The income levels for maintenance per month established pursuant to subdivisions (b) to (i), inclusive, shall be calculated on an annual basis, rounded to the next higher multiple of one hundred dollars ($100), and then prorated. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Qualified individuals under the Medi-Cal program include medically needy persons and medically needy family persons wonal needs allowance amount from $35 to $80 per month while a person is a patient as described above, and instead would require the department to annually increase this amount based on the percentage increase in the California Consumer Price Index. Because counties are required to make Medi-Cal eligibility determinations, and this bill would expand eligibility by increasing the personal needs allowance and would increase the responsibility of counties in determining Medi-Cal eligibility, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 14005.12 of the Welfare and Institutions Code, relating to Medi-Cal." +876,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 22358.4 of the Vehicle Code is amended to read: +22358.4. +(a) (1) +Whenever +If +a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by paragraph (2) of subdivision (a) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey. +(2) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. +(b) (1) Notwithstanding subdivision (a) or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows: +(A) A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than +500 +1,320 +feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of less than +500 +1,320 +feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour. +(B) A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to +1,000 +1,320 +feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of 500 to +1,000 +1,320 +feet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour. +(2) The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions: +(A) A maximum of two traffic lanes. +(B) A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone. +(3) The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel. +(4) When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration. +(5) (A) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. +(B) For purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to +500 +1,320 +feet away from school grounds. +(C) For purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and +1,000 +1,320 +feet away from the school grounds. +(D) A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision. +(E) Notwithstanding the maximum distance established in this section, a local authority may, upon the basis of an engineering and travel survey documenting school attendance boundaries or travel patterns to and from a school, or both, extend the maximum distance up to one mile to establish a prima facie speed limit and school warnings signs, as defined in this section, to a distance or specific locations, or both, consistent with the findings of the travel survey. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law establishes a 25 miles per hour prima facie limit when approaching or passing a school building or the grounds thereof, contiguous to a highway and posted up to 500 feet away from the school grounds, with a standard “SCHOOL” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit also applies when approaching or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard “SCHOOL” warning sign. A violation of that prima facie limit is an infraction. +Existing law additionally allows a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 15 miles per hour prima facie limit when approaching, at a distance of less than 500 feet from, or passing, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit would also apply when approaching, at that same distance, or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with one of those signs. +Existing law additionally allows a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 25 miles per hour prima facie speed limit when approaching at a distance of 500 to 1,000 feet from a school building or grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit would also apply when approaching, at that same distance, or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with one of those signs. +This bill would allow a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 15 miles per hour prima facie speed limit when approaching, at a distance of less than 1,320 feet from, or passing, a school building or grounds thereof, contiguous of to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. This bill would provide that a 25 miles per hour prima facie limit in a residence district, on a highway, with a posted speed limit of 30 miles per hour or slower, applies, as to those local authorities, when approaching, at a distance of 500 to 1,320 feet from a school building or grounds thereof, as specified. This bill would also authorize a local authority, on the basis of an engineering and traffic survey, to extend the maximum distance up to one mile to establish a prima facie speed limit and school warning signs, as specified. +By authorizing a change in the prima facie limits, the bill would expand the scope of an existing crime, thereby imposing a state-mandated local program. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 22358.4 of the Vehicle Code, relating to vehicles." +877,"The people of the State of California do enact as follows: + + +SECTION 1. +Part 6.5 (commencing with Section 24455) is added to Division 9 of the Public Utilities Code, to read: +PART 6.5. Unmanned Aircraft Systems +24455. +(a) The operator of any unmanned aircraft system involved in an accident resulting in injury to an individual or damage to property shall immediately land the unmanned aircraft at the nearest location that will not jeopardize the safety of others. Moving the unmanned aircraft in accordance with this subdivision does not affect the question of fault. The operator shall also immediately do one of the following: +(1) Present his or her valid identification, if he or she has that identification, and his or her name and current residence address to the injured individual. For purposes of this section, “valid identification” includes, but is not limited to, a driver’s license, a state-issued identification card, or a passport. +(2) Locate and notify the owner or person in charge of that property of the name and address of the operator of the unmanned aircraft system involved and, upon locating the owner or person in charge of the damaged property and being requested to do so, present his or her valid identification, if he or she has that identification, and his or her name and current residence address to the other property owner or person in charge of the damaged property. +(3) Leave in a conspicuous place on the damaged property a written notice giving the name and address of the operator of the unmanned aircraft system involved and a statement of the circumstances of the accident and, without unnecessary delay, notify the police department of the city where the damage occurred or, if the damage occurred in unincorporated territory, the local headquarters of the sheriff’s department of the county where the damage occurred. +(b) The operator shall also provide the name and address of his or her employer or his or her place of business if he or she is the commercial operator of the unmanned aircraft system in the same manner as specified in paragraph (1), (2), or (3) of subdivision (a). +(c) A person who knowingly fails to comply with the requirements of this section is guilty of an infraction punishable by a fine of not more than two hundred fifty dollars ($250), or a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. +(d) (1) A law enforcement officer, or an employee of a police department, fire department, fire protection district, or other law enforcement agency, operating an unmanned aircraft system within the scope of his or her employment shall comply with this section unless landing the aircraft would interfere with the officer’s or employee’s duties or would put individuals at risk of further injury or property at risk of further damage. +(2) A person operating an unmanned aircraft system as part of an organized sport, league, or club shall comply with this section only if the accident results in one or more of the following: +(A) Injury to an individual. +(B) Damage to property that was not operated for purposes of the organized sport, league, or club. +(C) Damage to property that was not owned or controlled by a participant or organizer of the sport, league, or club. +(e) This section does not apply to a person operating an unmanned aircraft system pursuant to a current exemption, Certificate of Waiver, or authorization issued pursuant to Section 333 or 334 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95 (Feb. 12, 2014) 126 Stat. 11, 75-76), or other commercial operator authorization granted by, or commercial operator rule of, the Federal Aviation Administration. +(f) For purposes of this section, the following definitions apply: +(1) “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. +(2) “Unmanned aircraft system” means an unmanned aircraft and associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system. +(g) Nothing in this section shall be construed to affect, expand, alter, or limit any requirements, duties, rights, or remedies under other law, including those pertaining to notification of, or liability for, accidents involving an unmanned aircraft system. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of unmanned aircraft systems, commonly known as drones, into the national airspace system. Existing federal law requires the operator of an unmanned aircraft system to immediately, and by the most expeditious means available, notify the nearest National Transportation Safety Board office when, among other things, an aircraft accident, as defined, or certain serious incidents occur. Those notifications are required to include, among other things, the name of the owner of the unmanned aircraft system, the name of the operator of the unmanned aircraft system, the date and time of the accident, and the nature of the accident. +Existing state law requires the driver of a vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person, to immediately stop the vehicle at the scene of the accident and provide certain information and render assistance, as necessary, to the driver and occupants of the other vehicle and provide the specified information to any traffic or police officer at the scene of the accident. A person who violates this requirement is guilty of a misdemeanor or a felony. Existing law requires the driver of a vehicle involved in an accident resulting only in damage to any property, including vehicles, to immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists and provide certain information to the owner or person in charge of the damaged property or place that information in a conspicuous place on the damaged property. A person who violates this requirement is guilty of a misdemeanor. +This bill would require, except as specified, the operator of any unmanned aircraft system involved in an accident resulting in injury to an individual or damage to property to immediately land the unmanned aircraft at the nearest location that will not jeopardize the safety of others and provide certain information to the injured individual or the owner or person in charge of the damaged property or place that information in a conspicuous place on the damaged property. The bill would make a person who knowingly fails to comply with these provisions guilty of an infraction or a misdemeanor, as specified. By creating a new crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Part 6.5 (commencing with Section 24455) to Division 9 of the Public Utilities Code, relating to aviation." +878,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 30515 of the Penal Code is amended to read: +30515. +(a) Notwithstanding Section 30510, “assault weapon” also means any of the following: +(1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following: +(A) A pistol grip that protrudes conspicuously beneath the action of the weapon. +(B) A thumbhole stock. +(C) A folding or telescoping stock. +(D) A grenade launcher or flare launcher. +(E) A flash suppressor. +(F) A forward pistol grip. +(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. +(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. +(4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following: +(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. +(B) A second handgrip. +(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel. +(D) The capacity to accept a detachable magazine at some location outside of the pistol grip. +(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. +(6) A semiautomatic shotgun that has both of the following: +(A) A folding or telescoping stock. +(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip. +(7) A semiautomatic shotgun that has the ability to accept a detachable magazine. +(8) Any shotgun with a revolving cylinder. +(b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. +(c) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subdivision (d). +(d) “Assault weapon” does not include either of the following: +(1) Any antique firearm. +(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c): +MANUFACTURER +MODEL +CALIBER +BENELLI +MP90 +.22LR +BENELLI +MP90 +.32 S&W LONG +BENELLI +MP95 +.22LR +BENELLI +MP95 +.32 S&W LONG +HAMMERLI +280 +.22LR +HAMMERLI +280 +.32 S&W LONG +HAMMERLI +SP20 +.22LR +HAMMERLI +SP20 +.32 S&W LONG +PARDINI +GPO +.22 SHORT +PARDINI +GP-SCHUMANN +.22 SHORT +PARDINI +HP +.32 S&W LONG +PARDINI +MP +.32 S&W LONG +PARDINI +SP +.22LR +PARDINI +SPE +.22LR +WALTHER +GSP +.22LR +WALTHER +GSP +.32 S&W LONG +WALTHER +OSP +.22 SHORT +WALTHER +OSP-2000 +.22 SHORT +(3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (c) to exempt new models of competitive pistols that would otherwise fall within the definition of “assault weapon” pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant. +SEC. 2. +Section 30680 is added to the Penal Code, to read: +30680. +Section 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable: +(a) Prior to January 1, 2017, the person would have been eligible to register that assault weapon pursuant to subdivision (b) of Section 30900. +(b) The person lawfully possessed that assault weapon prior to January 1, 2017. +(c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900. +SEC. 3. +Section 30900 of the Penal Code is amended to read: +30900. +(a) (1) Any person who, prior to June 1, 1989, lawfully possessed an assault weapon, as defined in former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989, shall register the firearm by January 1, 1991, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended by Section 1 of Chapter 874 of the Statutes of 1990 or Section 3 of Chapter 954 of the Statutes of 1991, shall register the firearm within 90 days with the Department of Justice pursuant to those procedures that the department may establish. +(2) Except as provided in Section 30600, any person who lawfully possessed an assault weapon prior to the date it was defined as an assault weapon pursuant to former Section 12276.1, as it read in Section 7 of Chapter 129 of the Statutes of 1999, and which was not specified as an assault weapon under former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, or former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, shall register the firearm by January 1, 2001, with the department pursuant to those procedures that the department may establish. +(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate. +(4) The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the reasonable processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act but not to exceed the reasonable costs of the department. The fees shall be deposited into the Dealers’ Record of Sale Special Account. +(b) (1) Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before January 1, 2018, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5). +(2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department. +(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number. +(4) The department may charge a fee in an amount of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the department. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account to be used for purposes of this section. +(5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 5. +This act shall become operative only if Senate Bill 880 of the 2015–16 Regular Session is enacted and takes effect on or before January 1, 2017.","(1) Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law enforcement officers. Under existing law, “assault weapon” means, among other things, a semiautomatic centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of +several +specified attributes, including, for rifles, a thumbhole stock, and for pistols, a 2nd handgrip. +This bill would revise this definition of “assault weapon” to mean a semiautomatic centerfire rifle or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes. The bill would also define “fixed magazine” to mean an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. +By expanding the definition of an existing crime, the bill would impose a state-mandated local program. +(2) Existing law makes any person who, within this state, possesses an assault weapon, except as otherwise provided, guilty of a misdemeanor or a felony. +This bill would exempt from punishment under that prohibition a person who possessed an assault weapon prior to January 1, 2017, if specified requirements are met. +(3) Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice. Existing law permits the Department of Justice to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act. Existing law requires those fees to be deposited into the Dealers’ Record of Sale Special Account. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies. +This bill would require that any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, +and +including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm with the Department of Justice before January 1, 2018, but not before the effective date of specified regulations. The bill would permit the department to increase the $20 registration fee as long as it does not exceed the reasonable processing costs of the department. The bill would also require registrations to be submitted electronically via the Internet utilizing a public-facing application made available by the department. The bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. The bill would permit the department to charge a fee of up to $15 per person for registration through the Internet, not to exceed the reasonable processing costs of the department to be paid and deposited, as specified, for purposes of the registration program. The bill would require the department to adopt regulations for the purpose of implementing those provisions and would exempt those regulations from the Administrative Procedure Act. The bill would also make technical and conforming changes. +(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +(5) This bill would become operative only if SB 880 of the 2015–16 Regular Session is enacted and takes effect on or before January 1, 2017.","An act to amend Sections 30515 and 30900 of, and to add Section 30680 to, the Penal Code, relating to firearms." +879,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 4.5 (commencing with Section 111548) is added to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, to read: +Article 4.5. Right to Try Act +111548. +This article shall be known and may be cited as the Right to Try Act. +111548.1. +For purposes of this article, unless the context otherwise requires, the following definitions shall apply: +(a) “Consulting physician” means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act who performs all of the following: +(1) Examines the qualified individual and his or her relevant medical records. +(2) Confirms, in writing, the primary physician’s diagnosis and prognosis. +(3) Verifies, in the opinion of the consulting physician, that the eligible patient is competent, acting voluntarily, and has made an informed decision. +(b) “Eligible patient” means a person who meets all of the following conditions: +(1) Has an immediately life-threatening disease or condition. +(2) Has considered all other treatment options currently approved by the United States Food and Drug Administration. +(3) Has not been accepted to participate in the nearest clinical trial to his or her home for the immediately life-threatening disease or condition identified in paragraph (1) within one week of completion of the clinical trial application process, or, in the treating physician’s medical judgment, it is unreasonable for the patient to participate in that clinical trial due to the patient’s current condition and stage of disease. +(4) Has received a recommendation from his or her primary physician and a consulting physician for an investigational drug, biological product, or device. +(5) Has given written informed consent for the use of the investigational drug, biological product, or device, or, if he or she lacks the capacity to consent, his or her legally authorized representative has given written informed consent on his or her behalf. +(6) Has documentation from his or her primary physician and a consulting physician attesting that the patient has met the requirements of this subdivision. +(c) “Health benefit plan” means a plan or program that provides, arranges, pays for, or reimburses the cost of health benefits. “Health benefit plan” includes, but is not limited to, a health care service plan contract issued by a health care service plan, as defined in Section 1345, and a policy of health insurance, as defined in Section 106 of the Insurance Code, issued by a health insurer. +(d) “Immediately life-threatening disease or condition” means a stage of disease in which there is a reasonable likelihood that death will occur within a matter of months. +(e) “Investigational drug, biological product, or device” means a drug, biological product, or device that has successfully completed phase one of a clinical trial approved by the United States Food and Drug Administration, but has not been approved for general use by the United States Food and Drug Administration and remains under investigation in a clinical trial approved by the United States Food and Drug Administration. +(f) “Primary physician” means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act. +(g) “State regulatory board” means the Medical Board of California or the Osteopathic Medical Board of California. +(h) (1) “Written, informed consent” means a written document that has been approved by the primary physician’s institutional review board or an accredited independent institutional review board, is signed by an eligible patient, or his or her legally authorized representative when the patient lacks the capacity to consent, and attested to by the patient’s primary physician and a witness that, at a minimum, does all of the following: +(A) Explains the currently approved products and treatments for the immediately life-threatening disease or condition from which the patient suffers. +(B) Attests to the fact that the patient, or when the patient lacks the capacity to consent his or her legally authorized representative, concurs with the patient’s primary physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient’s life. +(C) Clearly identifies the specific proposed investigational drug, biological product, or device that the patient is seeking to use. +(D) Describes the potentially best and worst outcomes of using the investigational drug, biological product, or device and describes the most likely outcome. This description shall include the possibility that new, unanticipated, different, or worse symptoms might result and that death could be hastened by the proposed treatment. The description shall be based on the primary physician’s knowledge of the proposed treatment in conjunction with an awareness of the patient’s condition. +(E) Clearly states that the patient’s health benefit plan, if any, and health care provider are not obligated to pay for the investigational drug, biological product, or device or any care or treatments consequent to use of the investigational drug, biological product, or device. +(F) Clearly states that the patient’s eligibility for hospice care may be withdrawn if the patient begins curative treatment and that care may be reinstated if the curative treatment ends and the patient meets hospice eligibility requirements. +(G) Clearly states that in-home health care may be denied if treatment begins. +(H) States that the patient understands that he or she is liable for all expenses consequent to the use of the investigational drug, biological product, or device, and that this liability extends to the patient’s estate, except as otherwise provided in the patient’s health benefit plan or a contract between the patient and the manufacturer of the drug, biological product, or device. +(2) Written, informed consent for purposes of this article shall be consistent with the informed consent requirements of the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20). +111548.2. +(a) Notwithstanding Section 110280, 111520, or 111550, a manufacturer of an investigational drug, biological product, or device may make available the manufacturer’s investigational drug, biological product, or device to an eligible patient pursuant to this article. This article does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient. +(b) A manufacturer may do both of the following: +(1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation. +(2) Require an eligible patient to pay the costs of, or associated with, the manufacture of the investigational drug, biological product, or device. +(c) (1) This article does not expand the coverage provided under Sections 1370.4 and 1370.6 of this code, Sections 10145.3 and 10145.4 of the Insurance Code, or Sections 14087.11 and 14132.98 of the Welfare and Institutions Code. +(2) This article does not require a health benefit plan to provide coverage for the cost of any investigational drug, biological product, or device, or the costs of services related to the use of an investigational drug, biological product, or device under this article. A health benefit plan may provide coverage for an investigational drug, biological product, or device made available pursuant to this section. +(d) If the clinical trial for an investigational drug, biological product, or device is closed due to the lack of efficacy or for toxicity, the investigational drug, biological product, or device shall not be offered. If notice of closure of a clinical trial is given for an investigational drug, biological product, or device taken by a patient outside of a clinical trial, the manufacturer and the patient’s primary physician shall notify the patient of the information from the safety committee of the clinical trial. +(e) If an eligible patient dies while being treated by an investigational drug, biological product, or device made available pursuant to this article, the patient’s heirs and health benefit plan, except to the extent the plan provided coverage pursuant to paragraph (2) of subdivision (c), are not liable for any outstanding debt related to the treatment or lack of insurance for the treatment. +111548.3. +(a) Notwithstanding any other law, a state regulatory board shall not revoke, fail to renew, or take any other disciplinary action against a physician’s license based on the physician’s recommendation to an eligible patient regarding, or prescription for or treatment with, an investigational drug, biological product, or device if the recommendation or prescription is consistent with protocol approved by the physician’s institutional review board or an accredited independent institutional review board. +(b) The physician’s institutional review board or an accredited institutional review board shall biannually report the following information to the State Department of Public Health, the Medical Board of California, and the Osteopathic Medical Board of California: +(1) The number of requests made for an investigational drug, biological product, or device. +(2) The status of the requests made. +(3) The duration of the treatment. +(4) The costs of the treatment paid by eligible patients. +(5) The success or failure of the investigational drug, biological product, or device in treating the immediately life-threatening disease or condition from which the patient suffers. +(6) Any adverse event for each investigational drug, biological product, or device. +(c) A state agency shall not alter any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider’s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that a patient have access to an investigational drug, biological product, or device. +(d) A violation of this section shall not be subject to Chapter 8 (commencing with Section 111825). +111548.5. +This article does not create a private cause of action, and actions taken pursuant to this article shall not serve as a basis for a civil, criminal, or disciplinary claim or cause of action, including, but not limited to, product liability, medical negligence, or wrongful death, against a manufacturer of an investigational drug, biological product, or device, or against any other person or entity involved in the care of an eligible patient for harm done to the eligible patient or his or her heirs resulting from the investigational drug, biological product, or device, or the use or nonuse thereof, if the manufacturer or other person or entity has complied with the terms of this article in relation to the eligible patient, unless there was a failure to exercise reasonable care.","Existing law, the federal Food, Drug, and Cosmetic Act, prohibits a person from introducing into interstate commerce any new drug unless the drug has been approved by the United States Food and Drug Administration (FDA). Existing law requires the sponsor of a new drug to submit to the FDA an investigational new drug application and to then conduct a series of clinical trials to establish the safety and efficacy of the drug in human populations and submit the results to the FDA in a new drug application. +Existing law, the Sherman Food, Drug, and Cosmetic Law, regulates the packaging, labeling, and advertising of drugs and devices and is administered by the State Department of Public Health. A violation of that law is a crime. The Sherman Food, Drug, and Cosmetic Law prohibits, among other things, the sale, delivery, or giving away of a new drug or new device unless either the department has approved a new drug or device application for that new drug or new device and that approval has not been withdrawn, terminated, or suspended or the drug or device has been approved pursuant to specified provisions of federal law, including the federal Food, Drug, and Cosmetic Act. +The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and requires the board to take action against a licensee who is charged with unprofessional conduct. The Osteopathic Act provides for the licensure and regulation of osteopathic physicians and surgeons by the Osteopathic Medical Board of California and requires the board to enforce the Medical Practice Act with respect to its licensees. +This bill would permit a manufacturer of an investigational drug, biological product, or device to make the product available to eligible patients with an immediately life-threatening disease or condition, as specified. The bill would authorize, but not require, a health benefit plan, as defined, to provide coverage for any investigational drug, biological product, or device made available pursuant to these provisions. The bill would prohibit the Medical Board of California and the Osteopathic Medical Board of California from taking any disciplinary action against the license of a physician based on the physician’s recommendation to an eligible patient regarding, or prescription for, or treatment with, an investigational drug, biological product, or device if the recommendation or prescription is consistent with protocol approved by the physician’s institutional review board or an accredited institutional review board, and would require the institutional review board to biannually report specified information to the State Department of Public Health, among others. The bill would prohibit a state agency from altering any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider’s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that a patient have access to an investigational drug, biological product, or device.","An act to add Article 4.5 (commencing with Section 111548) to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, relating to drugs and devices." +880,"The people of the State of California do enact as follows: + + +SECTION 1. +The heading of Chapter 4.6 (commencing with Section 1070) of Part 3 of Division 2 of the Labor Code is amended to read: +CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste +SEC. 2. +Section 1070 of the Labor Code is amended to read: +1070. +The Legislature finds and declares all of the following: +(a) That when public agencies with jurisdiction over public transit services or the collection and transportation of solid waste award contracts to operate bus and rail services, or to provide for the collection and transportation of solid waste to a new contractor, qualified employees of the prior contractor who are not reemployed by the successor contractor face significant economic dislocation as a result. +(b) That those displaced employees rely unnecessarily upon the unemployment insurance system, public social services, and health programs, increasing costs to these vital government programs and placing a significant burden upon both the government and the taxpayers. +(c) That it serves an important social purpose to establish incentives for contractors who bid on public transit service contracts or contracts for the collection and transportation of solid waste to retain qualified employees of the prior contractor to perform the same or similar work. +SEC. 3. +Section 1071 of the Labor Code is amended to read: +1071. +The following definitions apply to this chapter: +(a) “Awarding authority” means any local government agency, including any city, county, special district, transit district, joint powers authority, or nonprofit corporation that awards or otherwise enters into contracts for public transit services or for the collection and transportation of solid waste performed within the State of California. +(b) “Bidder” means any person who submits a bid to an awarding authority for a public transit service contract, an exclusive contract for the collection and transportation of solid waste, or a subcontract. +(c) “Contractor” means any person who enters into a public transit service contract or an exclusive contract for the collection and transportation of solid waste with an awarding authority. +(d) “Employee” means any individual who works for a contractor or subcontractor under a contract. “Employee” does not include an executive, administrative, or professional employee exempt from the payment of overtime compensation within the meaning of subdivision (a) of Section 515 or any person who is not an “employee” as defined under Section 2(3) of the National Labor Relations Act (29 U.S.C. Sec. 152(3)). +(e) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts. +(f) “Public transit services” means the provision of passenger transportation services to the general public, including paratransit service. +(g) “Service contract” means any contract the principal purpose of which is to provide public transit services or the exclusive right to provide collection and transportation of solid waste through the use of employees. +(h) “Solid waste” has the same meaning as defined in Section 40191 of the Public Resources Code. +(i) “Subcontractor” means any person who is not an employee who enters into a contract with a contractor to perform a portion of the contractor’s express obligations under a service contract. “Subcontractor” does not include a contractor’s vendors, suppliers, insurers, or other service providers. +SEC. 4. +Section 1072 of the Labor Code is amended to read: +1072. +(a) A bidder shall declare as part of the bid for a service contract whether or not the bidder will retain the employees of the prior contractor or subcontractor for a period of not less than 90 days, as provided in this chapter, if awarded the service contract. +(b) An awarding authority letting a service contract out to bid shall give a 10 percent preference to any bidder who agrees to retain the employees of the prior contractor or subcontractor pursuant to subdivision (a). +(c) (1) If the awarding authority announces that it intends to let a service contract out to bid, the existing service contractor, within a reasonable time, shall provide to the awarding authority the number of employees who are performing services under the service contract and the wage rates, benefits, and job classifications of those employees. In addition, the existing service contractor shall make this information available to any entity that the awarding authority has identified as a bona fide bidder. This information shall be made available to each bona fide bidder in writing at least 30 days before bids for the service contract are due, whether by inclusion of the information in the request for bids or otherwise. If the successor service contract is awarded to a new contractor, the existing contractor shall provide the names, addresses, dates of hire, wages, benefit levels, and job classifications of employees to the successor contractor. The duties imposed by this subdivision shall be contained in all service contracts. +(2) A successor contractor or subcontractor who agrees to retain employees pursuant to subdivision (a) shall retain employees who have been employed by the prior contractor or subcontractors, except for reasonable and substantiated cause. That cause is limited to the particular employee’s performance or conduct while working under the prior contract or the employee’s failure of any controlled substances and alcohol test, physical examination, criminal background check required by law as a condition of employment, or other standard hiring qualification lawfully required by the successor contractor or subcontractor. +(3) The successor contractor or subcontractor shall make a written offer of employment to each employee to be retained pursuant to subdivision (a). That offer shall state the time within which the employee must accept that offer, but in no case less than 10 days. Nothing in this section requires the successor contractor or subcontractor to pay the same wages or offer the same benefits provided by the prior contractor or subcontractor. +(4) If, at any time, the successor contractor or subcontractor determines that fewer employees are required than were required under the prior contract or subcontract, the successor contractor or subcontractor shall retain qualified employees by seniority within the job classification. In determining those employees who are qualified, the successor contractor or subcontractor may require an employee to possess any license that is required by law to operate the equipment that the employee will operate as an employee of the successor contractor or subcontractor. +SEC. 5. +Section 1075 is added to the Labor Code, to read: +1075. +Notwithstanding any other provision of this chapter, the following shall apply to service contracts for the collection and transportation of solid waste: +(a) A successor contractor or subcontractor shall be required to retain only employees of a contractor or subcontractor under a prior service contract whose employment would be terminated if the service contract were awarded to another contractor or subcontractor. +(b) A successor contractor or subcontractor shall not be required to retain an employee of a contractor or subcontractor under a prior service contract under any of the following circumstances: +(1) If the employee of the prior contractor or subcontractor does not meet any standard hiring qualification lawfully required by the successor contractor or subcontractor for the position. +(2) If the successor contractor or subcontractor would be required to terminate or reassign an existing employee covered under a collective bargaining agreement with the successor contractor or subcontractor in order to hire the employee of the prior contractor or subcontractor. +(3) If, and to the extent, the actual number of employees meeting the requirements of this chapter exceeds the number of those employees communicated to bona fide bidders in accordance with paragraph (1) of subdivision (c) of Section 1072. +(c) An employee or his or her agent shall not bring an action against a successor contractor or subcontractor under subdivision (a) of Section 1073 without first giving the successor contractor or subcontractor written notice of the violation or breach and 30 days to cure the violation or breach. An awarding authority shall not terminate a service contract under subdivision (a) of Section 1074 without first giving the successor contractor or subcontractor written notice of the violation or breach and 30 days to cure the violation or breach. +(d) This chapter shall only apply to service contracts for the collection and transportation of solid waste when an awarding agency decides to let an exclusive solid waste collection and transportation contract out to bid. It is not intended to determine whether or not a local agency should procure a service contract by inviting bids, extend an existing service contract, renegotiate its service contract with the prior contractor, or exercise any other right it possesses pursuant to Section 40059 of the Public Resources Code to determine aspects of solid waste handling that are of local concern. +(e) This chapter does not modify, limit, or abrogate in any manner any franchise, contract, license, or permit granted or extended by a city, county, or other local government agency before January 1, 2017. +SEC. 6. +Section 1076 is added to the Labor Code, to read: +1076. +The amendments and additions to this chapter made by the act adding this section shall not apply to contracts awarded before January 1, 2017, or to contracts for which the bid process has been completed before January 1, 2017. +SEC. 7. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires a local government agency letting a public transit service contract out to bid to give a bidding preference for contractors and subcontractors who agree to retain for a specified period certain employees who were employed to perform essentially the same services by the previous contractor or subcontractor. Such a contractor or subcontractor is required to offer employment to those employees, except for reasonable and substantiated cause. Existing law requires a successor contractor or subcontractor that determines that fewer employees are needed than under the prior contract to retain qualified employees by seniority within the job classification. The existing contractor is required to provide prescribed information regarding employment under the existing service contract to the awarding authority, any entity that the awarding authority identifies as a bona fide bidder, and the successor contractor. Existing law authorizes an employee who was not offered employment or who has been discharged in violation of existing law, or his or her agent, to bring an action against the successor contractor or subcontractor in any superior court having jurisdiction over the successor contractor or subcontractor. Existing law authorizes an awarding authority to terminate a service contract under prescribed circumstances. +This bill would expand the application of these provisions to exclusive contracts for the collection and transportation of solid waste. The bill would require the information provided to a bona fide bidder to be made available in writing at least 30 days before bids for the service contract are due. The bill would establish certain provisions applicable only to service contracts for the collection and transportation of solid waste, including limits on the requirement to retain employees and specified requirements for notice and opportunity to cure in the context of civil action or termination. The bill would not apply to contracts awarded before January 1, 2017, or to contracts for which the bid process has been completed before January 1, 2017. By requiring local agencies to give a bidding preference under these provisions to those contractors and subcontractors for the collection and transportation of solid waste, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 1070, 1071, and 1072 of, to amend the heading of Chapter 4.6 (commencing with Section 1070) of Part 3 of Division 2 of, and to add Sections 1075 and 1076 to, the Labor Code, relating to employment." +881,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 632 of the Penal Code is amended to read: +632. +(a) A person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section or Section 631, 632.5, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) per violation, by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. +(b) For the purposes of this section, “person” means an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government or subdivision thereof, whether federal, state, or local, but excludes an individual known by all parties to a confidential communication to be overhearing or recording the communication. +(c) For the purposes of this section, “confidential communication” means any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive, or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded. +(d) Except as proof in an action or prosecution for violation of this section, evidence obtained as a result of eavesdropping upon or recording a confidential communication in violation of this section is not admissible in any judicial, administrative, legislative, or other proceeding. +(e) This section does not apply (1) to any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, if the acts otherwise prohibited by this section are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility, (2) to the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of a public utility, or (3) to any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility. +(f) This section does not apply to the use of hearing aids and similar devices, by persons afflicted with impaired hearing, for the purpose of overcoming the impairment to permit the hearing of sounds ordinarily audible to the human ear. +SEC. 2. +Section 632.01 is added to the Penal Code, to read: +632.01. +(a) (1) A person who violates subdivision (a) of Section 632 shall be punished pursuant to subdivision (b) if the person intentionally discloses or distributes, in any manner, in any forum, including, but not limited to, Internet Web sites and social media, or for any purpose, the contents of a confidential communication with a health care provider that is obtained by that person in violation of subdivision (a) of Section 632. For purposes of this subdivision, “social media” means an electronic service or account, or electronic content, including, but not limited to, videos or still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. +(2) Notwithstanding any other provision of law, to aid and abet a violation of paragraph (1), for the purposes of Section 31, the person shall either violate, or aid and abet in a violation of, both Section 632 and paragraph (1). +(b) A violation of subdivision (a) shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) per violation, by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. +(c) For purposes of this section, “health care provider” means any of the following: +(1) A person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code. +(2) A person licensed pursuant to the Osteopathic Initiative Act or the Chiropractic Initiative Act. +(3) A person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code. +(4) A clinic, health dispensary, or health facility licensed or exempt from licensure pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. +(5) An employee, volunteer, or contracted agent of any group practice prepayment health care service plan regulated pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). +(6) An employee, volunteer, independent contractor, or professional student of a clinic, health dispensary, or health care facility or health care provider described in this subdivision. +(7) A professional organization that represents any of the other health care providers described in this subdivision. +(d) (1) Subdivision (a) does not apply to the disclosure or distribution of a confidential communication pursuant to any of the following: +(A) Any party as described in Section 633 acting within the scope of his or her authority overhearing or recording a confidential communication that he or she may lawfully overhear or record pursuant to that section. +(B) Any party as described in Section 633.02 overhearing or recording a confidential communication related to sexual assault or other sexual offense that he or she may lawfully overhear or record pursuant to that section, or using or operating a body-worn camera as authorized pursuant to that section. +(C) A city attorney as described in Section 633.05 overhearing or recording any communication that he or she may lawfully overhear or record pursuant to that section. +(D) An airport law enforcement officer recording a communication received on an incoming telephone line pursuant to Section 633.1. +(E) A party to a confidential communication recording the communication for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of a crime as specified in Section 633.5. +(F) A victim of domestic violence recording a prohibited communication made to him or her by the perpetrator pursuant to Section 633.6. +(G) A peace officer using electronic amplifying or recording devices to eavesdrop on and record the otherwise confidential oral communications of individuals within a location when responding to an emergency situation that involves the taking of a hostage or the barricading of a location pursuant to Section 633.8. +(2) This section does not affect the admissibility of any evidence that would otherwise be admissible pursuant to the authority of any section specified in paragraph (1). +SEC. 3. +Section 633.5 of the Penal Code is amended to read: +633.5. +Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits one party to a confidential communication from recording the communication for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of the crime of extortion, kidnapping, bribery, any felony involving violence against the person, including, but not limited to, human trafficking, as defined in Section 231.6, or a violation of Section 653m. Sections 631, 632, 632.5, 632.6, and 632.7 do not render any evidence so obtained inadmissible in a prosecution for extortion, kidnapping, bribery, any felony involving violence against the person, including, but not limited to, human trafficking, as defined in Section 231.6, a violation of Section 653m, or any crime in connection therewith. +SEC. 4. +Section 637.2 of the Penal Code is amended to read: +637.2. +(a) Any person who has been injured by a violation of this chapter may bring an action against the person who committed the violation for the greater of the following amounts: +(1) Five thousand dollars ($5,000) per violation. +(2) Three times the amount of actual damages, if any, sustained by the plaintiff. +(b) Any person may, in accordance with Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, bring an action to enjoin and restrain any violation of this chapter, and may in the same action seek damages as provided by subdivision (a). +(c) It is not a necessary prerequisite to an action pursuant to this section that the plaintiff has suffered, or be threatened with, actual damages. +(d) This section shall not be construed to affect Title 4 (commencing with Section 3425.1) of Part 1 of Division 4 of the Civil Code. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law makes it a crime, subject to specified exemptions, for a person to intentionally eavesdrop upon or record a confidential communication by means of an electronic amplifying or recording device without the consent of all parties to the confidential communication. Existing law defines a confidential communication as any communication carried on in circumstances that reasonably indicate that any party to the communication desires it to be confined to the parties thereto. Existing law exempts from the prohibition the recording of a confidential communication made for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of certain crimes, including any felony involving violence against the person making the recording. +This bill additionally would make it a crime for a person who unlawfully eavesdrops upon or records a confidential communication as described above with a health care provider, as defined, to intentionally disclose or distribute the contents of the confidential communication without the consent of all parties to the confidential communication unless specified conditions are met. The bill would make this prohibition subject to the same exemptions as are applicable to the prohibition on eavesdropping upon or recording a confidential communication as described above. The bill would also specify the conduct that constitutes aiding and abetting the commission of those offenses, as specified. The bill would specify, with respect to the exemption for recording communications believed to relate to the commission of a crime by a party to the communication, that a felony involving violence includes human trafficking, as defined. By creating a new crime, this bill would impose a state-mandated local program. +(2) Existing law authorizes any person who has been injured by a violation of the prohibition on eavesdropping upon or recording confidential communications, and related offenses, to bring an action against the person who committed the violation to enjoin and restrain the violation, as well as to bring an action for monetary damages, as specified. +This bill would provide that the monetary damages be imposed per violation of the above-described provisions. +(3) Existing law makes the above-specified crime of eavesdropping punishable by a fine not to exceed $2,500 or imprisonment in a county jail not exceeding one year, or in the state prison for 16 months or 2 or 3 years. If the person has previously been convicted of eavesdropping, or has previously been convicted of specified invasion of privacy crimes, existing law requires the person to be punished by a fine not exceeding $10,000, by imprisonment in a county jail not exceeding one year, or in the state prison for 16 months or 2 or 3 years. +This bill would require the above-specified fines to be imposed on a per-violation basis and would impose the same penalties prescribed for the unlawful eavesdropping upon or recording of a confidential communication to the disclosure crimes created by the bill. The bill also would make various technical, nonsubstantive changes to existing law. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 632, 633.5, and 637.2 of, and to add Section 632.01 to, the Penal Code, relating to confidential communications." +882,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 16520 of the Penal Code is amended to read: +16520. +(a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. +(b) As used in the following sections, “firearm” includes the frame or receiver of the weapon, as defined in subdivision (h): +(1) Section 16550. +(2) Section 16730. +(3) Section 16960. +(4) Section 16990. +(5) Section 17070. +(6) Section 17310. +(7) Sections 26500 to 26588, inclusive. +(8) Sections 26600 to 27140, inclusive. +(9) Sections 27400 to 28000, inclusive. +(10) Section 28100. +(11) Sections 28400 to 28415, inclusive. +(12) Sections 29010 to 29150, inclusive. +(13) Sections 29610 to 29750, inclusive. +(14) Sections 29800 to 29905, inclusive. +(15) Sections 30150 to 30165, inclusive. +(16) Section 31615. +(17) Sections 31705 to 31830, inclusive. +(18) Sections 34355 to 34370, inclusive. +(19) Sections 8100, 8101, and 8103 of the Welfare and Institutions Code. +(c) As used in the following provisions, “firearm” also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes: +(1) Section 16750. +(2) Subdivision (b) of Section 16840. +(3) Section 25400. +(4) Sections 25850 to 26025, inclusive. +(5) Subdivisions (a), (b), and (c) of Section 26030. +(6) Sections 26035 to 26055, inclusive. +(d) As used in the following provisions, “firearm” does not include an unloaded antique firearm: +(1) Subdivisions (a) and (c) of Section 16730. +(2) Section 16550. +(3) Section 16960. +(4) Section 17310. +(5) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4. +(6) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4. +(7) Sections 26500 to 26588, inclusive. +(8) Sections 26700 to 26915, inclusive. +(9) Section 27510. +(10) Section 27530. +(11) Section 27540. +(12) Section 27545. +(13) Sections 27555 to 27585, inclusive. +(14) Sections 29010 to 29150, inclusive. +(15) Section 25135. +(e) As used in Sections 34005 and 34010, “firearm” does not include a destructive device. +(f) As used in Sections 17280 and 24680, “firearm” has the same meaning as in Section 922 of Title 18 of the United States Code. +(g) As used in Sections 29010 to 29150, inclusive, “firearm” includes the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver. +(h) As used in this section, “frame” and “receiver” means that part of a firearm which provides housing for the hammer, bolt, or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel, and includes a frame or receiver blank, casting, or machined body that requires further machining or molding to be used as part of a functional weapon so long as it has been designed and is clearly identifiable as being used exclusively as part of a functional weapon. +SEC. 1.1. +Section 16520 of the Penal Code is amended to read: +16520. +(a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. +(b) As used in the following sections, “firearm” includes the frame or receiver of the weapon, as defined in subdivision (h): +(1) Section 16550. +(2) Section 16730. +(3) Section 16960. +(4) Section 16990. +(5) Section 17070. +(6) Section 17310. +(7) Sections 25250 to 25275, inclusive. +(8) Sections 26500 to 26588, inclusive. +(9) Sections 26600 to 27140, inclusive. +(10) Sections 27400 to 28000, inclusive. +(11) Section 28100. +(12) Sections 28400 to 28415, inclusive. +(13) Sections 29010 to 29150, inclusive. +(14) Sections 29610 to 29750, inclusive. +(15) Sections 29800 to 29905, inclusive. +(16) Sections 30150 to 30165, inclusive. +(17) Section 31615. +(18) Sections 31705 to 31830, inclusive. +(19) Sections 34355 to 34370, inclusive. +(20) Sections 8100, 8101, and 8103 of the Welfare and Institutions Code. +(c) As used in the following provisions, “firearm” also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes: +(1) Section 16750. +(2) Subdivision (b) of Section 16840. +(3) Section 25400. +(4) Sections 25850 to 26025, inclusive. +(5) Subdivisions (a), (b), and (c) of Section 26030. +(6) Sections 26035 to 26055, inclusive. +(d) As used in the following provisions, “firearm” does not include an unloaded antique firearm: +(1) Subdivisions (a) and (c) of Section 16730. +(2) Section 16550. +(3) Section 16960. +(4) Section 17310. +(5) Division 4.5 (commencing with Section 25250) of Title 4. +(6) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4. +(7) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4. +(8) Sections 26500 to 26588, inclusive. +(9) Sections 26700 to 26915, inclusive. +(10) Section 27510. +(11) Section 27530. +(12) Section 27540. +(13) Section 27545. +(14) Sections 27555 to 27585, inclusive. +(15) Sections 29010 to 29150, inclusive. +(16) Section 25135. +(e) As used in Sections 34005 and 34010, “firearm” does not include a destructive device. +(f) As used in Sections 17280 and 24680, “firearm” has the same meaning as in Section 922 of Title 18 of the United States Code. +(g) As used in Sections 29010 to 29150, inclusive, “firearm” includes the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver. +(h) As used in this section, “frame” and “receiver” means that part of a firearm which provides housing for the hammer, bolt, or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel, and includes a frame or receiver blank, casting, or machined body that requires further machining or molding to be used as part of a functional weapon so long as it has been designed and is clearly identifiable as being used exclusively as part of a functional weapon. +SEC. 1.2. +Section 16520 of the Penal Code is amended to read: +16520. +(a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. +(b) As used in the following sections, “firearm” includes the frame or receiver of the weapon, as defined in subdivision (h): +(1) Section 16550. +(2) Section 16730. +(3) Section 16960. +(4) Section 16990. +(5) Section 17070. +(6) Section 17310. +(7) Sections 26500 to 26588, inclusive. +(8) Sections 26600 to 27140, inclusive. +(9) Sections 27400 to 28000, inclusive. +(10) Section 28100. +(11) Sections 28400 to 28415, inclusive. +(12) Sections 29010 to 29150, inclusive. +(13) Section 29180. +(14) Sections 29610 to 29750, inclusive. +(15) Sections 29800 to 29905, inclusive. +(16) Sections 30150 to 30165, inclusive. +(17) Section 31615. +(18) Sections 31705 to 31830, inclusive. +(19) Sections 34355 to 34370, inclusive. +(20) Sections 8100, 8101, and 8103 of the Welfare and Institutions Code. +(c) As used in the following provisions, “firearm” also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes: +(1) Section 16750. +(2) Subdivision (b) of Section 16840. +(3) Section 25400. +(4) Sections 25850 to 26025, inclusive. +(5) Subdivisions (a), (b), and (c) of Section 26030. +(6) Sections 26035 to 26055, inclusive. +(d) As used in the following provisions, “firearm” does not include an unloaded antique firearm: +(1) Subdivisions (a) and (c) of Section 16730. +(2) Section 16550. +(3) Section 16960. +(4) Section 17310. +(5) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4. +(6) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4. +(7) Sections 26500 to 26588, inclusive. +(8) Sections 26700 to 26915, inclusive. +(9) Section 27510. +(10) Section 27530. +(11) Section 27540. +(12) Section 27545. +(13) Sections 27555 to 27585, inclusive. +(14) Sections 29010 to 29150, inclusive. +(15) Section 25135. +(16) Section 29180. +(e) As used in Sections 34005 and 34010, “firearm” does not include a destructive device. +(f) As used in Sections 17280 and 24680, “firearm” has the same meaning as in Section 922 of Title 18 of the United States Code. +(g) As used in Sections 29010 to 29150, inclusive, “firearm” includes the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver. +(h) As used in this section, “frame” and “receiver” means that part of a firearm which provides housing for the hammer, bolt, or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel, and includes a frame or receiver blank, casting, or machined body that requires further machining or molding to be used as part of a functional weapon so long as it has been designed and is clearly identifiable as being used exclusively as part of a functional weapon. +SEC. 1.3. +Section 16520 of the Penal Code is amended to read: +16520. +(a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. +(b) As used in the following sections, “firearm” includes the frame or receiver of the weapon, as defined in subdivision (h): +(1) Section 16550. +(2) Section 16730. +(3) Section 16960. +(4) Section 16990. +(5) Section 17070. +(6) Section 17310. +(7) Sections 25250 to 25275, inclusive. +(8) Sections 26500 to 26588, inclusive. +(9) Sections 26600 to 27140, inclusive. +(10) Sections 27400 to 28000, inclusive. +(11) Section 28100. +(12) Sections 28400 to 28415, inclusive. +(13) Sections 29010 to 29150, inclusive. +(14) Section 29180. +(15) Sections 29610 to 29750, inclusive. +(16) Sections 29800 to 29905, inclusive. +(17) Sections 30150 to 30165, inclusive. +(18) Section 31615. +(19) Sections 31705 to 31830, inclusive. +(20) Sections 34355 to 34370, inclusive. +(21) Sections 8100, 8101, and 8103 of the Welfare and Institutions Code. +(c) As used in the following provisions, “firearm” also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes: +(1) Section 16750. +(2) Subdivision (b) of Section 16840. +(3) Section 25400. +(4) Sections 25850 to 26025, inclusive. +(5) Subdivisions (a), (b), and (c) of Section 26030. +(6) Sections 26035 to 26055, inclusive. +(d) As used in the following provisions, “firearm” does not include an unloaded antique firearm: +(1) Subdivisions (a) and (c) of Section 16730. +(2) Section 16550. +(3) Section 16960. +(4) Section 17310. +(5) Division 4.5 (commencing with Section 25250) of Title 4. +(6) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4. +(7) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4. +(8) Sections 26500 to 26588, inclusive. +(9) Sections 26700 to 26915, inclusive. +(10) Section 27510. +(11) Section 27530. +(12) Section 27540. +(13) Section 27545. +(14) Sections 27555 to 27585, inclusive. +(15) Sections 29010 to 29150, inclusive. +(16) Section 25135. +(17) Section 29180. +(e) As used in Sections 34005 and 34010, “firearm” does not include a destructive device. +(f) As used in Sections 17280 and 24680, “firearm” has the same meaning as in Section 922 of Title 18 of the United States Code. +(g) As used in Sections 29010 to 29150, inclusive, “firearm” includes the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver. +(h) As used in this section, “frame” and “receiver” means that part of a firearm which provides housing for the hammer, bolt, or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel, and includes a frame or receiver blank, casting, or machined body that requires further machining or molding to be used as part of a functional weapon so long as it has been designed and is clearly identifiable as being used exclusively as part of a functional weapon. +SEC. 2. +(a) Section 1.1 of this bill incorporates amendments to Section 16520 of the Penal Code proposed by both this bill and Senate Bill 894. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 16520 of the Penal Code, (3) Senate Bill 1407 and Assembly Bill 857 are not enacted or as enacted do not amend that section, and (4) this bill is enacted after Senate Bill 894, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative. +(b) Section 1.2 of this bill incorporates amendments to Section 16520 of the Penal Code proposed by this bill and both Senate Bill 1407 and Assembly Bill 857. It shall only become operative if (1) all bills are enacted, or just this bill and either Senate Bill 1407 or Senate Bill 857 are enacted and become effective on or before January 1, 2017, (2) each bill as enacted amends Section 16520 of the Penal Code, (3) Senate Bill 894 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1407 and Assembly Bill 857 in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative. +(c) Section 1.3 of this bill incorporates amendments to Section 16520 of the Penal Code proposed by this bill, Senate Bill 894, Senate Bill 1407, and Assembly Bill 857. It shall only become operative if (1) all bills are enacted, or this bill, Senate Bill 894, and either Senate Bill 1407 or Assembly Bill 857 are enacted and become effective on or before January 1, 2017, (2) each bill as enacted amends Section 16520 of the Penal Code, and (3) this bill is enacted after Senate Bill 894 and both Senate Bill 1407 and Assembly Bill 857, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally regulates the transfer and possession of firearms. Existing law defines the term “firearm” for various regulatory purposes, including, among others and subject to exceptions, the requirement that firearms be transferred by or through a licensed firearms dealer, the requirement of a 10-day waiting period prior to delivery of a firearm by a dealer, the requirement that firearm purchasers be subject to a background check, and the prohibition on certain classes of persons, such as felons, possessing firearms. Under existing law, the term “firearm” includes the frame or receiver of the weapon. Existing law makes a violation of certain of these prohibitions a crime. +This bill would define a frame or receiver as that part of a firearm which provides housing for the hammer, bolt, or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel, and would include within this definition a frame or receiver blank, casting, or machined body that requires further machining or molding to be used as part of a functional weapon so long as it has been designed and is clearly identifiable as being used exclusively as part of a functional weapon. +By expanding the scope of existing crimes, this bill would impose a state-mandated local program. +This bill would incorporate additional changes to Section 16520 of the Penal Code proposed by SB 894, SB 1407, and AB 857 which would become operative if this bill and those bills are enacted, as specified, and this bill is enacted last. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 16520 of the Penal Code, relating to firearms." +883,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 26835 of the Penal Code is amended to read: +26835. +A licensee shall post conspicuously within the licensed premises the following warnings in block letters not less than one inch in height: +(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING.” +(b) “IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING.” +(c) “IF YOU KEEP ANY FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF-PREMISES TO A SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.” +(d) “IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, WHERE A PERSON UNDER 18 YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.” +(e) “DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH HANDS THOROUGHLY AFTER EXPOSURE.” +(f) “FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM.” +(g) “NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE FIREARM WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE FIREARM WITHIN ANY 30-DAY PERIOD.” +SEC. 1.5. +Section 26835 of the Penal Code is amended to read: +26835. +A licensee shall post conspicuously within the licensed premises the following warnings in block letters not less than one inch in height: +(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING.” +(b) “IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING.” +(c) “IF YOU KEEP ANY FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF-PREMISES TO A SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.” +(d) “IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, WHERE A PERSON UNDER 18 YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.” +(e) “DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH HANDS THOROUGHLY AFTER EXPOSURE.” +(f) “FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM.” +(g) “NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE FIREARM WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE FIREARM WITHIN ANY 30-DAY PERIOD.” +(h) “IF A FIREARM YOU OWN OR POSSESS IS LOST OR STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS OR THEFT OCCURRED WITHIN FIVE DAYS OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.” +SEC. 2. +Section 27535 of the Penal Code is amended to read: +27535. +(a) A person shall not make an application to purchase more than one firearm within any 30-day period. +(b) Subdivision (a) does not apply to any of the following: +(1) Any law enforcement agency. +(2) Any agency duly authorized to perform law enforcement duties. +(3) Any state or local correctional facility. +(4) Any private security company licensed to do business in California. +(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does, carry a firearm during the course and scope of employment as a peace officer. +(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm. +(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540. +(8) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2. +(9) The exchange of a firearm where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement. +(10) The replacement of a firearm when the person’s firearm was lost or stolen, and the person reported that firearm lost or stolen prior to the completion of the application to purchase to any local law enforcement agency of the city, county, or city and county in which the person resides. +(11) The return of any firearm to its owner. +(12) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training. +(13) A transaction completed through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050) if both of the following conditions apply: +(A) The transferor is an executor or administrator of an estate. +(B) The transferee is a person acquiring ownership of the firearm by bequest or intestate succession from the estate. +(14) The purchase of a firearm that is not a handgun or a finished frame or receiver by a person who has been issued a valid hunting license by the state. +(15) The purchase of a firearm that is not a handgun acquired at an auction or similar event conducted by a nonprofit public benefit or mutual benefit corporation to fund the activities of that corporation or local chapters of that corporation. +SEC. 2.5. +Section 27535 of the Penal Code is amended to read: +27535. +(a) A person shall not make an application to purchase more than one firearm within any 30-day period. +(b) Subdivision (a) does not apply to any of the following: +(1) Any law enforcement agency. +(2) Any agency duly authorized to perform law enforcement duties. +(3) Any state or local correctional facility. +(4) Any private security company licensed to do business in California. +(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does, carry a firearm during the course and scope of employment as a peace officer. +(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm. +(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540. +(8) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2. +(9) The exchange of a firearm where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement. +(10) The replacement of a firearm when the person’s firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement firearm. +(11) The return of any firearm to its owner. +(12) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training. +(13) A transaction completed through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050) if both of the following conditions apply: +(A) The transferor is an executor or administrator of an estate. +(B) The transferee is a person acquiring ownership of the firearm by bequest or intestate succession from the estate. +(14) The purchase of a firearm that is not a handgun or a finished frame or receiver by a person who has been issued a valid hunting license by the state. +(15) The purchase of a firearm that is not a handgun acquired at an auction or similar event conducted by a nonprofit public benefit or mutual benefit corporation to fund the activities of that corporation or local chapters of that corporation. +SEC. 3. +Section 27540 of the Penal Code is amended to read: +27540. +A dealer, whether or not acting pursuant to Chapter 5 (commencing with Section 28050), shall not deliver a firearm to a person, as follows: +(a) Within 10 days of the application to purchase, or, after notice by the department pursuant to Section 28220, within 10 days of the submission to the department of any correction to the application, or within 10 days of the submission to the department of any fee required pursuant to Section 28225, whichever is later. +(b) Unless unloaded and securely wrapped or unloaded and in a locked container. +(c) Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the person’s identity and age to the dealer. +(d) Whenever the dealer is notified by the Department of Justice that the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. +(e) A handgun shall not be delivered unless the purchaser, transferee, or person being loaned the handgun presents a handgun safety certificate. Commencing January 1, 2015, any firearm, including a handgun, shall not be delivered unless the purchaser, transferee, or person being loaned the firearm presents a firearm safety certificate to the dealer, except that, in the case of a handgun, an unexpired handgun safety certificate may be presented. +(f) A firearm shall not be delivered whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a firearm and that the previous application to purchase did not involve any of the entities or circumstances specified in subdivision (b) of Section 27535. +SEC. 4. +Section 27590 of the Penal Code is amended to read: +27590. +(a) Except as provided in subdivision (b), (c), or (e), a violation of this article is a misdemeanor. +(b) If any of the following circumstances apply, a violation of this article is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years: +(1) If the violation is of subdivision (a) of Section 27500. +(2) If the defendant has a prior conviction of violating the provisions, other than Section 27535, Section 27560 involving a firearm that is not a handgun, or Section 27565 involving a firearm that is not a handgun, of this article or former Section 12100 of this code, as Section 12100 read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, or Section 8101 of the Welfare and Institutions Code. +(3) If the defendant has a prior conviction of violating any offense specified in Section 29905 or of a violation of Section 32625 or 33410, or of former Section 12560, as that section read at any time from when it was enacted by Section 4 of Chapter 931 of the Statutes of 1965 to when it was repealed by Section 14 of Chapter 9 of the Statutes of 1990, or of any provision listed in Section 16590. +(4) If the defendant is in a prohibited class described in Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, or Section 8100 or 8103 of the Welfare and Institutions Code. +(5) A violation of this article by a person who actively participates in a “criminal street gang” as defined in Section 186.22. +(6) A violation of Section 27510 involving the delivery of any firearm to a person who the dealer knows, or should know, is a minor. +(c) If any of the following circumstances apply, a violation of this article shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment: +(1) A violation of Section 27515, 27520, or subdivision (b) of Section 27500. +(2) A violation of Section 27505 involving the sale, loan, or transfer of a handgun to a minor. +(3) A violation of Section 27510 involving the delivery of a handgun. +(4) A violation of subdivision (a), (c), (d), (e), or (f) of Section 27540 involving a handgun. +(5) A violation of Section 27545 involving a handgun. +(6) A violation of Section 27550. +(7) A violation of Section 27585 involving a handgun. +(d) If both of the following circumstances apply, an additional term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years shall be imposed in addition and consecutive to the sentence prescribed: +(1) A violation of Section 27510 or subdivision (b) of Section 27500. +(2) The firearm transferred in violation of Section 27510 or subdivision (b) of Section 27500 is used in the subsequent commission of a felony for which a conviction is obtained and the prescribed sentence is imposed. +(e) (1) A first violation of Section 27535 is an infraction punishable by a fine of fifty dollars ($50). +(2) A second violation of Section 27535 is an infraction punishable by a fine of one hundred dollars ($100). +(3) A third or subsequent violation of Section 27535 is a misdemeanor. +(4) For purposes of this subdivision each application to purchase a firearm in violation of Section 27535 shall be deemed a separate offense. +SEC. 5. +Section 1.5 of this bill incorporates amendments to Section 26835 of the Penal Code proposed by both this bill and Senate Bill 894. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 26835 of the Penal Code, and (3) this bill is enacted after Senate Bill 894, in which case Section 1 of this bill shall not become operative. +SEC. 6. +Section 2.5 of this bill incorporates amendments to Section 27535 of the Penal Code proposed by both this bill and Senate Bill 894. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 27535 of the Penal Code, and (3) this bill is enacted after Senate Bill 894, in which case Section 2 of this bill shall not become operative. +SEC. 7. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, subject to exceptions, prohibits a person from making more than one application to purchase a handgun within any 30-day period. Violation of that prohibition is a crime. Existing law exempts from that prohibition a firearms transaction where neither of the parties is a firearms dealer if the transaction is completed through a dealer. Existing law prohibits a firearms dealer from delivering a handgun to a person whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a handgun that does not fall within an exception to the 30-day prohibition. A violation of that delivery prohibition by the dealer is a crime. +This bill would make the 30-day prohibition and the dealer delivery prohibition described above applicable to all types of firearms. The bill would delete the private party transaction exemption to the 30-day prohibition and instead would exempt from that prohibition the transfer of a firearm conducted through a licensed firearms dealer if the firearm is being transferred by bequest or intestate succession, the purchase of a firearm that is not a handgun or a finished frame or receiver by a licensed hunter, and the purchase of a firearm from a nonprofit entity conducting an auction or similar event, as specified. The bill would make additional conforming changes and technical, nonsubstantive changes. +By expanding the scope of existing crimes, this bill would impose a state-mandated local program. +This bill would incorporate changes to Sections 26835 and 27535 of the Penal Code proposed by both this bill and SB 894, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 26835, 27535, 27540, and 27590 of the Penal Code, relating to firearms." +884,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Over the past decade, the wage gap has barely budged and wage disparities continue to persist. In 2015, the gender wage gap in California stood at 16 cents on the dollar. For women of color, wage inequality is much worse. African American women in California make just 63 cents and Hispanic women less than 43 cents for every dollar white non-Hispanic men make. +(b) The problematic practices of seeking salary history from job applicants and relying on prior salary to set employees’ pay rates contribute to the gender wage gap by perpetuating wage inequalities across the occupational spectrum. Women are paid less than men in 99.6 percent of occupations and are more likely to face financial penalties for taking time out of the paid workforce due to childbearing and family caregiving responsibilities. +(c) When employers make salary decisions during the hiring process based on prospective employees’ prior salaries or require women to disclose their prior salaries during salary negotiations, women often end up at a sharp disadvantage and historical patterns of gender bias and discrimination repeat themselves, causing women to continue earning less than their male counterparts. +(d) Government officials have recognized the discriminatory impact that prior salaries can have on women in the job market. In 2015, on Equal Pay Day, the Chair of the Equal Employment Opportunity Commission (EEOC) advised employers on important steps they could take to ensure equal pay for equal work, including eliminating “discriminatory pay gaps on the basis of prior salary” and the 2005 EEOC Compliance Manual states that “[p]rior salary cannot, by itself, justify a compensation disparity.” +(e) In July of 2015, the acting director of the federal Office of Personnel Management provided guidance on advancing pay equality in the federal government, warning that reliance on salary history “could potentially adversely affect a candidate who is returning to the workplace after having taken extended time off from his or her career or for whom an existing rate of pay is not reflective of the candidate’s current qualifications or existing labor market conditions.” +(f) Courts also have warned against relying on salary history and have stated that prior salary cannot, by itself, justify a wage disparity. In Corning Glass Works v. Brennan, (1974) 417 U.S. 188, the United States Supreme Court held that a pay differential which “ar[ises] simply because men would not work at the low rates paid women ... and reflect[s] a job market in which [the employer] could pay women less than men for the same work” is not based on a cognizable factor other than sex under the Equal Pay Act (Public Law 88-38) (Id., at p. 205). More recently, in Rizo v. Yovino, Fresno County Superintendent of Schools, United States District Court, Eastern District of California, Case No. 1:14-cv-0423-MJS, the district court denied summary judgment on defendant’s motion under the federal Equal Pay Act based on its finding that, “a pay structure based exclusively on prior wages is so inherently fraught with the risk — indeed, here, the virtual certainty — that it will perpetuate a discriminatory wage disparity between men and women that it cannot stand, even if motivated by a legitimate non-discriminatory business purpose.”(Id., at p. 16). The court went on to explain that,“say[ing] an otherwise unjustified pay differential between women and men performing equal work is based on a factor other than sex because it reflects historical market forces which value the equal work of one sex over the other perpetuates the market’s sex-based subjective assumptions and stereotyped misconceptions Congress passed the Equal Pay Act to eradicate.” (Id., at p. 17). +(g) This act will codify existing law with respect to the provision stating that prior salary cannot, by itself, justify a wage differential under Section 1197.5 of the Labor Code. +(h) This act will also help ensure that both employers and workers are able to negotiate and set salaries based on the requirements, expectations, and qualifications of the person and the job in question, rather than on an individual’s prior earnings, which may reflect widespread, longstanding, gender-based wage disparities in the labor market. +SEC. 2. +Section 1197.5 of the Labor Code is amended to read: +1197.5. +(a) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: +(1) The wage differential is based upon one or more of the following factors: +(A) A seniority system. +(B) A merit system. +(C) A system that measures earnings by quantity or quality of production. +(D) A bona fide factor other than sex, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. +(2) Each factor relied upon is applied reasonably. +(3) The one or more factors relied upon account for the entire wage differential. Prior salary shall not, by itself, justify any disparity in compensation. +(b) Any employer who violates subdivision (a) is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. +(c) The Division of Labor Standards Enforcement shall administer and enforce this section. If the division finds that an employer has violated this section, it may supervise the payment of wages and interest found to be due and unpaid to employees under subdivision (a). Acceptance of payment in full made by an employer and approved by the division shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (g). +(d) Every employer shall maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All of the records shall be kept on file for a period of three years. +(e) Any employee may file a complaint with the division that the wages paid are less than the wages to which the employee is entitled under subdivision (a) or that the employer is in violation of subdivision (j). The complaint shall be investigated as provided in subdivision (b) of Section 98.7. The division shall keep confidential the name of any employee who submits to the division a complaint regarding an alleged violation of subdivision (a) or (j) until the division establishes the validity of the complaint, unless the division must abridge confidentiality to investigate the complaint. The name of the complaining employee shall remain confidential if the complaint is withdrawn before the confidentiality is abridged by the division. The division shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to these employees. +(f) The department or division may commence and prosecute, unless otherwise requested by the employee or affected group of employees, a civil action on behalf of the employee and on behalf of a similarly affected group of employees to recover unpaid wages and liquidated damages under subdivision (a), and in addition shall be entitled to recover costs of suit. The consent of any employee to the bringing of any action shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (g) unless the action is dismissed without prejudice by the department or the division, except that the employee may intervene in the suit or may initiate independent action if the suit has not been determined within 180 days from the date of the filing of the complaint. +(g) Any employee receiving less than the wage to which the employee is entitled under this section may recover in a civil action the balance of the wages, including interest thereon, and an equal amount as liquidated damages, together with the costs of the suit and reasonable attorney’s fees, notwithstanding any agreement to work for a lesser wage. +(h) A civil action to recover wages under subdivision (a) may be commenced no later than two years after the cause of action occurs, except that a cause of action arising out of a willful violation may be commenced no later than three years after the cause of action occurs. +(i) If an employee recovers amounts due the employee under subdivision (b), and also files a complaint or brings an action under subdivision (d) of Section 206 of Title 29 of the United States Code which results in an additional recovery under federal law for the same violation, the employee shall return to the employer the amounts recovered under subdivision (b), or the amounts recovered under federal law, whichever is less. +(j) (1) An employer shall not discharge, or in any manner discriminate or retaliate against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this section. An employer shall not prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise his or her rights under this section. Nothing in this section creates an obligation to disclose wages. +(2) Any employee who has been discharged, discriminated or retaliated against, in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in this section may recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief. +(3) A civil action brought under this subdivision may be commenced no later than one year after the cause of action occurs. +SEC. 2.5. +Section 1197.5 of the Labor Code is amended to read: +1197.5. +(a) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: +(1) The wage differential is based upon one or more of the following factors: +(A) A seniority system. +(B) A merit system. +(C) A system that measures earnings by quantity or quality of production. +(D) A bona fide factor other than sex, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. +(2) Each factor relied upon is applied reasonably. +(3) The one or more factors relied upon account for the entire wage differential. Prior salary shall not, by itself, justify any disparity in compensation. +(b) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: +(1) The wage differential is based upon one or more of the following factors: +(A) A seniority system. +(B) A merit system. +(C) A system that measures earnings by quantity or quality of production. +(D) A bona fide factor other than race or ethnicity, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a race- or ethnicity-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. +(2) Each factor relied upon is applied reasonably. +(3) The one or more factors relied upon account for the entire wage differential. Prior salary shall not, by itself, justify any disparity in compensation. +(c) Any employer who violates subdivision (a) or (b) is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. +(d) The Division of Labor Standards Enforcement shall administer and enforce this section. If the division finds that an employer has violated this section, it may supervise the payment of wages and interest found to be due and unpaid to employees under subdivision (a) or (b). Acceptance of payment in full made by an employer and approved by the division shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (h). +(e) Every employer shall maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All of the records shall be kept on file for a period of three years. +(f) Any employee may file a complaint with the division that the wages paid are less than the wages to which the employee is entitled under subdivision (a) or (b) or that the employer is in violation of subdivision (k). The complaint shall be investigated as provided in subdivision (b) of Section 98.7. The division shall keep confidential the name of any employee who submits to the division a complaint regarding an alleged violation of subdivision (a), (b), or (k) until the division establishes the validity of the complaint, unless the division must abridge confidentiality to investigate the complaint. The name of the complaining employee shall remain confidential if the complaint is withdrawn before the confidentiality is abridged by the division. The division shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to these employees. +(g) The department or division may commence and prosecute, unless otherwise requested by the employee or affected group of employees, a civil action on behalf of the employee and on behalf of a similarly affected group of employees to recover unpaid wages and liquidated damages under subdivision (a) or (b), and in addition shall be entitled to recover costs of suit. The consent of any employee to the bringing of any action shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (h) unless the action is dismissed without prejudice by the department or the division, except that the employee may intervene in the suit or may initiate independent action if the suit has not been determined within 180 days from the date of the filing of the complaint. +(h) An employee receiving less than the wage to which the employee is entitled under this section may recover in a civil action the balance of the wages, including interest thereon, and an equal amount as liquidated damages, together with the costs of the suit and reasonable attorney’s fees, notwithstanding any agreement to work for a lesser wage. +(i) A civil action to recover wages under subdivision (a) or (b) may be commenced no later than two years after the cause of action occurs, except that a cause of action arising out of a willful violation may be commenced no later than three years after the cause of action occurs. +(j) If an employee recovers amounts due the employee under subdivision (c), and also files a complaint or brings an action under subdivision (d) of Section 206 of Title 29 of the United States Code which results in an additional recovery under federal law for the same violation, the employee shall return to the employer the amounts recovered under subdivision (c), or the amounts recovered under federal law, whichever is less. +(k) (1) An employer shall not discharge, or in any manner discriminate or retaliate against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this section. An employer shall not prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise his or her rights under this section. Nothing in this section creates an obligation to disclose wages. +(2) Any employee who has been discharged, discriminated or retaliated against, in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in this section may recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief. +(3) A civil action brought under this subdivision may be commenced no later than one year after the cause of action occurs. +SEC. 3. +Section 2.5 of this bill incorporates amendments to Section 1197.5 of the Labor Code proposed by both this bill and Senate Bill 1063. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1197.5 of the Labor Code, and (3) this bill is enacted after Senate Bill 1063, in which case Section 2 of this bill shall not become operative. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally prohibits an employer from paying an employee at wage rates less than the rates paid to employees of the opposite sex in the same establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Existing law establishes exceptions to that prohibition, including, among others, where the payment is made based on any bona fide factor other than sex, such as education, training, or experience. Existing law makes it a misdemeanor for an employer or other person acting either individually or as an officer, agent, or employee of another person to pay or cause to be paid to any employee a wage less than the rate paid to an employee of the opposite sex as required by these provisions, or who reduces the wages of any employee in order to comply with these provisions. Existing law also makes it a misdemeanor for an employer to refuse or neglect to comply with the above provisions of law. +This bill would specify that prior salary cannot, by itself, justify any disparity in compensation under the bona fide factor exception to the above prohibition. By changing the definition of an existing crime, this bill would impose a state-mandated local program. +This bill would incorporate additional changes in Section 1197.5 of the Labor Code proposed by SB 1063 that would become operative only if SB 1063 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1197.5 of the Labor Code, relating to employers." +885,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6228 of the Family Code is amended to read: +6228. +(a) State and local law enforcement agencies shall provide, upon request and without charging a fee, one copy of all incident report face sheets, one copy of all incident reports, or both, to a victim, or his or her representative as defined in subdivision (g), of a crime that constitutes an act of any of the following: +(1) Domestic violence, as defined in Section 6211. +(2) Sexual assault, as defined in Sections 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4 of the Penal Code. +(3) Stalking, as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code. +(4) Human trafficking, as defined in Section 236.1 of the Penal Code. +(5) Abuse of an elder or a dependent adult, as defined in Section 15610.07 of the Welfare and Institutions Code. +(b) (1) A copy of an incident report face sheet shall be made available during regular business hours to a victim or his or her representative no later than 48 hours after being requested by the victim or his or her representative, unless the state or local law enforcement agency informs the victim or his or her representative of the reasons why, for good cause, the incident report face sheet is not available, in which case the incident report face sheet shall be made available to the victim or his or her representative no later than five working days after the request is made. +(2) A copy of the incident report shall be made available during regular business hours to a victim or his or her representative no later than five working days after being requested by a victim or his or her representative, unless the state or local law enforcement agency informs the victim or his or her representative of the reasons why, for good cause, the incident report is not available, in which case the incident report shall be made available to the victim or his or her representative no later than 10 working days after the request is made. +(c) Any person requesting copies under this section shall present state or local law enforcement with his or her identification, including a current, valid driver’s license, a state-issued identification card, or a passport. If the person is a representative of the victim and the victim is deceased, the representative shall also present a certified copy of the death certificate or other satisfactory evidence of the death of the victim at the time a request is made. If the person is a representative of the victim and the victim is alive and not the subject of a conservatorship, the representative shall also present a written authorization, signed by the victim, making him or her the victim’s personal representative. +(d) (1) This section shall apply to requests for domestic violence face sheets or incident reports made within five years from the date of completion of the incident report. +(2) This section shall apply to requests for sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult face sheets or incident reports made within two years from the date of completion of the incident report. +(e) This section shall be known and may be cited as the Access to Domestic Violence Reports Act of 1999. +(f) For purposes of this section, “victim” includes a minor who is 12 years of age or older. +(g) (1) For purposes of this section, if the victim is deceased, a “representative of the victim” means any of the following: +(A) The surviving spouse. +(B) A surviving child of the decedent who has attained 18 years of age. +(C) A domestic partner, as defined in subdivision (a) of Section 297. +(D) A surviving parent of the decedent. +(E) A surviving adult relative. +(F) The personal representative of the victim, as defined in Section 58 of the Probate Code, if one is appointed. +(G) The public administrator if one has been appointed. +(2) For purposes of this section, if the victim is not deceased, a “representative of the victim” means any of the following: +(A) A parent, guardian, or adult child of the victim, or an adult sibling of a victim 12 years of age or older, who shall present to law enforcement identification pursuant to subdivision (c). A guardian shall also present to law enforcement a copy of his or her letters of guardianship demonstrating that he or she is the appointed guardian of the victim. +(B) An attorney for the victim, who shall present to law enforcement identification pursuant to subdivision (c) and written proof that he or she is the attorney for the victim. +(C) A conservator of the victim who shall present to law enforcement identification pursuant to subdivision (c) and a copy of his or her letters of conservatorship demonstrating that he or she is the appointed conservator of the victim. +(3) A representative of the victim does not include any person who has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, of the victim, or any person identified in the incident report face sheet as a suspect. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires state and local law enforcement agencies to provide, without charging a fee, one copy of all domestic violence incident report face sheets and one copy of all domestic violence incident reports, or both, to a victim of domestic violence, as defined, or to his or her personal representative, as defined, upon request. +This bill would also require state or local law enforcement agencies to provide a copy of those reports to a victim of sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult, as defined. The bill would define “victim” for these purposes to include a minor who is 12 years of age or older. The bill would require these provisions to apply to requests for reports made within 2 years from the date of completion of the sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult incident report. This bill would also make technical, nonsubstantive changes to these provisions. By increasing the duties of local law enforcement agencies, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 6228 of the Family Code, relating to domestic violence." +886,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature that the California Alternative Energy and Advanced Transportation Financing Authority approve project applications pursuant to Section 26011.8 of the Public Resources Code on a competitive basis. +SEC. 2. +Section 26004 of the Public Resources Code is amended to read: +26004. +(a) There is in the state government the California Alternative Energy and Advanced Transportation Financing Authority. The authority constitutes a public instrumentality and the exercise by the authority of powers conferred by this division is the performance of an essential public function. +(b) The authority shall consist of +five +seven +members, as follows: +(1) The Director of Finance. +(2) The Chairperson of the State Energy Resources Conservation and Development Commission. +(3) The President of the Public Utilities Commission. +(4) The Controller. +(5) The Treasurer, who shall serve as the chairperson of the authority. +(6) One state legislator appointed by the Senate Committee on Rules who shall serve as a nonvoting member. +(7) One state legislator appointed by the Speaker of the Assembly who shall serve as a nonvoting member. +(c) The members listed in paragraphs (1) to (5), inclusive, of subdivision (b) may each designate a deputy or clerk in his or her agency to act for and represent the member at all meetings of the authority. +(d) The first meeting of the authority shall be convened by the Treasurer. +SECTION 1. +SEC. 3. +Section 26011.8 of the Public Resources Code is amended to read: +26011.8. +(a) The purpose of this section is to promote the creation of California-based manufacturing, California-based jobs, advanced manufacturing, the reduction of greenhouse gases, or reductions in air and water pollution or energy consumption. In furtherance of this purpose, the authority may approve a project for financial assistance in the form of the sales and use tax exclusion established in Section 6010.8 of the Revenue and Taxation Code. +(b) For purposes of this section, the following terms have the following meanings: +(1) “Project” means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems, as defined in Section 26003. “Project” does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192. +(2) “Recycled feedstock” means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle. +(3) “Soil amendments” may include “compost,” as defined in Section 14525 of the Food and Agricultural Code, “fertilizing material,” as defined in Section 14533 of the Food and Agricultural Code, “gypsum” or “phosphatic sulfate gypsum,” as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means. +(c) The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority. +(d) The authority shall evaluate project applications based upon all of the following criteria: +(1) The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California. +(2) The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion. +(3) The extent to which the project will create new, permanent jobs in California. +(4) To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation. +(5) The extent of unemployment in the area in which the project is proposed to be located. +(6) Any other factors the authority deems appropriate in accordance with this section. +(e) At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance. +(f) Notwithstanding subdivision (j), and without regard to the actual date of any transaction between a participating party and the authority, any project approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section. +(g) The Legislative Analyst’s Office shall report to the Joint Legislative Budget Committee on the effectiveness of this program, on or before January 1, 2019, by evaluating factors, including, but not limited to, the following: +(1) The number of jobs created by the program in California. +(2) The number of businesses that have remained in California or relocated to California as a result of this program. +(3) The amount of state and local revenue and economic activity generated by the program. +(4) The types of advanced manufacturing, as defined in paragraph (1) of subdivision (a) of Section 26003, utilized. +(5) The amount of reduction in greenhouse gases, air pollution, water pollution, or energy consumption. +(h) (1) The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed +two +one +hundred million dollars +($200,000,000) +($100,000,000) +for each calendar year. +(2) If less than +two +one +hundred million dollars +($200,000,000) +($100,000,000) +is excluded pursuant to Section 6010.8 of the Revenue and Taxation Code in a calendar year, the unallocated portion of that +two +one +hundred million dollars +($200,000,000) +($100,000,000) +may be granted the following calendar year, in excess of the following year’s +two-hundred-million-dollar ($200,000,000) +one-hundred-million-dollar ($100,000,000) +maximum. The unallocated amount for a particular calendar year shall not roll over more than one calendar year. +(i) (1) The authority shall study the efficacy and cost benefit of the sales and use tax exemption as it relates to advanced manufacturing projects. The study shall include the number of jobs created, the costs of each job, and the annual salary of each job. The study shall also consider a dynamic analysis of the economic output to the state that would occur without the sales and use tax exemption. Before January 1, 2017, the authority shall submit to the Legislature, consistent with Section 9795 of the Government Code, the result of the study. +(2) Before January 1, 2015, the authority shall, consistent with Section 9795 of the Government Code, submit to the Legislature an interim report on the efficacy of the program conducted pursuant to this section. The study shall include recommendations on program changes that would increase the program’s efficacy in creating permanent and temporary jobs, and whether eligibility for the program should be extended or narrowed to other manufacturing types. The authority may work with the Legislative Analyst’s Office in preparing the report and its recommendations. +(j) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2021, deletes or extends that date. The sale or purchase of tangible personal property of a project approved before January 1, 2021, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authority’s resolution approving the project pursuant to this section. +SEC. 2. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The California Alternative Energy and Advanced Transportation Financing Authority Act establishes the California Alternative Energy and Advanced Transportation Financing +Authority. +Authority, consisting of 5 specified state officials. +The act authorizes, until January 1, 2021, the authority to provide financial assistance in the form of a sales and use tax exclusion for projects, including those that promote California-based manufacturing, California-based jobs, advanced manufacturing, the reduction of greenhouse gases, or the reduction in air and water pollution or energy consumption. The act prohibits the sales and use tax exclusions +for these projects +from exceeding $100,000,000 for each calendar year. +This +bill would instead prohibit the sales and use tax exclusions from exceeding $200,000,000 for each calendar year. The +bill would specify that if less than +$200,000,000 +$100,000,000 +is granted in a calendar year, the unallocated amount may roll over to the following calendar year. +The bill would increase the membership of the authority to 7, with the Senate Committee on Rules and the Speaker of the Assembly each appointing one state legislator as a nonvoting member. The bill would declare the intent of the Legislature that the authority approve these project applications on a competitive basis. +This bill would take effect immediately as a tax levy.","An act to amend +Section +Sections 26004 and +26011.8 of the Public Resources Code, relating to alternative +energy, to take effect immediately, tax levy. +energy." +887,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12930 of the Government Code is amended to read: +12930. +The department shall have the following functions, powers, and duties: +(a) To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part. +(b) To meet and function at any place within the state. +(c) To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties. +(d) To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils. +(e) To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part. +(f) (1) To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940). +(2) To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply. +(3) To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorney’s fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply. +(g) In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980: +(1) To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials. +(2) To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits. +(3) To issue written interrogatories. +(4) To request the production for inspection and copying of books, records, documents, and physical materials. +(5) To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories. +(h) To bring civil actions pursuant to Section 12965 or 12981 and to prosecute those civil actions before state and federal trial courts. +(i) To issue those publications and those results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, genetic information, or sexual orientation. +(j) To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990. +(k) To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations. +(l) To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time. +(m) The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013: +(1) If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court. +(2) If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court. +(3) Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502. +(n) On any Section 1094.5 Code of Civil Procedure challenge to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or his or her designee shall consult with the Attorney General regarding the defense of that writ petition.","Existing law authorizes a victim of human trafficking, as defined, to bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief, as specified. Existing law authorizes the Department of Fair Employment and Housing to receive, investigate, conciliate, mediate, and prosecute complaints alleging certain unlawful practices, as specified. +This bill would further authorize the department to receive, investigate, conciliate, mediate, and prosecute complaints alleging, and bring civil actions for, a victim of human trafficking, as described above. The bill would require any damages awarded in a civil action brought by the department to be awarded to the victim of human trafficking.","An act to amend Section 12930 of the Government Code, relating to civil actions." +888,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 43016 of the Health and Safety Code is amended to read: +43016. +(a) (1) A person who violates any provision of this part, or any order, rule, or regulation of the state board adopted pursuant to this part, and for which violation there is not provided in this part any other specific civil penalty or fine, shall be subject to a civil penalty not to exceed thirty-seven thousand five hundred dollars ($37,500) for each such action pursuant to this part. Violations involving portable fuel containers or small off-road engines shall be subject to a civil penalty not to exceed five hundred dollars ($500) per unit. For a manufacturer or distributor who violates any provision of this part, or any order, rule, or regulation of the state board adopted pursuant to this part, the payment of the penalty and making the product compliant with applicable emission control laws may be required by the executive officer of the state board as conditions for the continued sale in this state of those products regulated by the state board pursuant to this division. +(2) The state board shall adjust the maximum penalties specified in paragraph (1) for inflation based on the California Consumer Price Index. The adjustment shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). +(b) Any penalty collected pursuant to this section shall be deposited in the Air Pollution Control Fund. +SEC. 2. +Section 43151 of the Health and Safety Code is amended to read: +43151. +(a) A person shall not offer for sale, introduce into commerce, import, deliver, purchase, rent, lease, acquire, or receive a new motor vehicle, new motor vehicle engine, or motor vehicle with a new motor vehicle engine for use, registration, or resale in this state unless the motor vehicle engine or motor vehicle has been certified pursuant to this chapter. A person shall not attempt or assist in any such action. +(b) This article shall not apply to a vehicle acquired by a resident of this state for the purpose of replacing a vehicle registered to that resident that was damaged or became inoperative beyond reasonable repair or was stolen while out of this state provided that the replacement vehicle is acquired out of state at the time the previously owned vehicle was either damaged or became inoperative or was stolen. This article shall not apply to a vehicle transferred by inheritance or by a decree of divorce, dissolution, or legal separation entered by a court of competent jurisdiction, or to any vehicle sold after the effective date of the amendments to this subdivision at the 1979–80 Regular Session of the Legislature if the vehicle was registered in this state before that effective date. +(c) This chapter shall not apply to any motor vehicle having a certificate of conformity issued pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) and originally registered in another state by a resident of that state who subsequently establishes residence in this state and who, upon registration of the vehicle in this state, provides satisfactory evidence to the Department of Motor Vehicles of the previous residence and registration. This subdivision shall become operative 180 calendar days after the state board adopts regulations for the certification of new direct import vehicles pursuant to Section 43203.5. +SEC. 3. +Section 43154 of the Health and Safety Code is amended to read: +43154. +(a) (1) A person who violates any provision of this article shall be subject to a civil penalty not to exceed thirty-seven thousand five hundred dollars ($37,500) for each such action. For a manufacturer or distributor who violates any provision of this article, the payment of the penalty and making the vehicles compliant with applicable emission control laws may be required by the executive officer of the state board as conditions for the continued sale in this state of those motor vehicles. +(2) Notwithstanding paragraph (1), a dealer, as defined in Section 285 of the Vehicle Code, who violates any provision of this article shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each such action. +(3) The state board shall adjust the maximum penalty specified in paragraphs (1) and (2) for inflation based on the California Consumer Price Index. The adjustment shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). +(b) Any action to recover a penalty under this section shall be brought in the name of the people of the State of California in the superior court of the county where the violation occurred, or in the county where the defendant’s residence or principal place of business is located, by the Attorney General on behalf of the state board, in which event all penalties adjudged by the court shall be deposited in the Air Pollution Control Fund, or by the district attorney or county attorney of that county, or by the city attorney of a city in that county, in which event all penalties adjudged by the court shall be deposited with the treasurer of the county or city, as the case may be. +SEC. 4. +Section 43211 of the Health and Safety Code is amended to read: +43211. +(a) A new motor vehicle sold in California shall meet the emission standards adopted by the state board, and a manufacturer who sells, attempts to sell, or causes to be offered for sale a new motor vehicle that fails to meet the applicable emission standards shall be subject to a civil penalty not to exceed thirty-seven thousand five hundred dollars ($37,500) for each such action. +(b) For purposes of calculating the penalty for failure to meet zero-emission vehicle credit requirements pursuant to Sections 1962, 1962.1, and 1962.2 of Title 13 of the California Code of Regulations or any subsequent or related regulation, the civil penalty shall not exceed five thousand dollars ($5,000) per zero-emission vehicle credit. +(c) The state board shall adjust the maximum penalty specified in subdivisions (a) and (b) for inflation based on the California Consumer Price Index. The adjustment shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). +(d) Any penalty recovered pursuant to this section shall be deposited into the General Fund. +SEC. 5. +Section 43212 of the Health and Safety Code is amended to read: +43212. +(a) (1) A manufacturer or distributor who does not comply with the emission standards or the test procedures adopted by the state board shall be subject to a civil penalty not to exceed thirty-seven thousand five hundred dollars ($37,500) for each vehicle that does not comply with the standards or procedures and that is first sold in this state. The payment of such penalties to the state board and making the vehicles compliant with applicable emission control laws and test procedures may be required by the executive officer of the state board as conditions for the further sale in this state of those motor vehicles. +(2) The state board shall adjust the maximum penalty specified in paragraph (1) for inflation based on the California Consumer Price Index. The adjustment shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). +(b) Any penalty recovered pursuant to this section shall be deposited into the Air Pollution Control Fund. +SEC. 6. +Section 43214 is added to the Health and Safety Code, to read: +43214. +The state board may order a manufacturer of motor vehicles to bring its vehicles into compliance with the emissions configuration to which they were certified. Compliance with the order may be required by the executive officer of the state board as a condition for the continued sale of those motor vehicles by that manufacturer in this state.","(1) Existing law requires the State Air Resources Board to adopt and implement standards for the control of emissions from new motor vehicles that the state board finds to be necessary and technologically feasible. Existing law prohibits a new motor vehicle from being sold in the state that does not meet the emissions standards adopted by the state board. Existing law provides that a person who violates specified vehicular air pollution statutes or specified orders, rules, or regulations of the state board is subject to a civil penalty of up to $500 per vehicle. Existing law provides that any manufacturer who sells, attempts to sell, or causes to be offered for sale a new motor vehicle that fails to meet the applicable emission standards is subject to a civil penalty of $5,000 per violation. Existing law provides that a manufacturer or distributor who does not comply with the emission standards or the test procedures adopted by the state board is subject to a civil penalty of $50 per vehicle. +This bill would increase those penalties to up to $37,500 per violation. The bill would require the state board to adjust those maximum penalties for inflation, as specified, and would exempt those adjustments from the Administrative Procedure Act. The bill would authorize the state board to require the payment of a penalty for the violation of specified vehicular air pollution statutes or specified orders, rules, or regulations of the state board, and making the products compliant with specified laws, as conditions for the continued sale of those products. +This bill would authorize the state board to order a manufacturer of motor vehicles to bring the vehicles into compliance with the emissions configuration to which they were certified. The bill would authorize the state board to require the manufacturer to be in compliance with the state board’s order as a condition for the continued sale of motor vehicles in the state. +(2) Existing law prohibits a person who is a state resident or who operates an established place of business within the state from importing, delivering, purchasing, renting, leasing, acquiring, or receiving a new motor vehicle, new motor vehicle engine, or motor vehicle with a new motor vehicle engine for use, registration, or resale in the state unless the motor vehicle engine or new motor vehicle has been certified to meet specified emissions standards. Existing law provides that a person who violates specified provisions relating to transactions of new motor vehicles or new motor vehicle engines is subject to a civil penalty of up to $5,000 per vehicle. +This bill instead would prohibit any person from offering for sale, introducing into commerce, importing, delivering, purchasing, renting, leasing, acquiring, or receiving a new motor vehicle, new motor vehicle engine, or motor vehicle with a new motor vehicle engine for use, registration, or resale in the state unless the motor vehicle engine or new motor vehicle has been certified to meet those specified emissions standards. +This bill would increase the civil penalty to up to $37,500 per violation and up to $10,000 for a dealer, as defined, for violating those specified provisions relating to transactions of new motor vehicles or new motor vehicle engines. The bill would require the state board to adjust those maximum penalties for inflation, as specified, and would exempt those adjustments from the Administrative Procedure Act. The bill would authorize the state board to require the payment of the penalty, and making the motor vehicles compliant with specified laws, as conditions for the continued or further sale in the state of those motor vehicles. +This bill would require the state board to limit to $5,000 a specified civil penalty imposed on a manufacturer who does not meet the requirements of specified regulations that require manufacturers to have a specified percentage of their new motor vehicle sales be zero-emission vehicles.","An act to amend Sections 43016, 43151, 43154, 43211, and 43212 of, and to add Section 43214 to, the Health and Safety Code, relating to vehicular air pollution." +889,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 361.2 of the Welfare and Institutions Code, as added by Section 48 of Chapter 773 of the Statutes of 2015, is amended to read: +361.2. +(a) When a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental. +(b) If the court places the child with that parent it may do any of the following: +(1) Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents. +(2) Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the child’s current caregiver regarding the parent. After the social worker conducts the home visit and files his or her report with the court, the court may then take the action described in paragraph (1), (3), or this paragraph. However, nothing in this paragraph shall be interpreted to imply that the court is required to take the action described in this paragraph as a prerequisite to the court taking the action described in either paragraph (1) or (3). +(3) Order that the parent assume custody subject to the supervision of the juvenile court. In that case the court may order that reunification services be provided to the parent or guardian from whom the child is being removed, or the court may order that services be provided solely to the parent who is assuming physical custody in order to allow that parent to retain later custody without court supervision, or that services be provided to both parents, in which case the court shall determine, at review hearings held pursuant to Section 366, which parent, if either, shall have custody of the child. +(c) The court shall make a finding either in writing or on the record of the basis for its determination under subdivisions (a) and (b). +(d) Part 6 (commencing with Section 7950) of Division 12 of the Family Code shall apply to the placement of a child pursuant to paragraphs (1) and (2) of subdivision (e). +(e) When the court orders removal pursuant to Section 361, the court shall order the care, custody, control, and conduct of the child to be under the supervision of the social worker who may place the child in any of the following: +(1) The home of a noncustodial parent as described in subdivision (a), regardless of the parent’s immigration status. +(2) The approved home of a relative, regardless of the relative’s immigration status. +(3) The approved home of a nonrelative extended family member as defined in Section 362.7. +(4) The approved home of a resource family as defined in Section 16519.5. +(5) A foster home considering first a foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available. +(6) A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). +(7) A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code. +(8) With a foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, to be placed in a suitable family home certified or approved by the agency. +(9) A child of any age who is placed in a community care facility licensed as a group home for children or a short-term residential treatment center, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, shall have a case plan that indicates that placement is for purposes of providing short term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment. If the placement is longer than six months, the placement shall be documented consistent with paragraph (3) of subdivision (a) of Section 16501.1 and shall be approved by the deputy director or director of the county child welfare department. +(A) A child under six years of age shall not be placed in a community care facility licensed as a group home for children, or a short-term residential treatment center, except under the following circumstances: +(i) When the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department has approved the case plan. +(ii) The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the county’s control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department. +(iii) To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department shall approve the continued placement no less frequently than every 60 days. +(iv) In addition, when a case plan indicates that placement is for purposes of providing family reunification services. The facility shall offer family reunification services that meet the needs of the individual child and his or her family, permit parents to have reasonable access to their children 24 hours a day, encourage extensive parental involvement in meeting the daily needs of their children, and employ staff trained to provide family reunification services. In addition, one of the following conditions exists: +(I) The child’s parent is also under the jurisdiction of the court and resides in the facility. +(II) The child’s parent is participating in a treatment program affiliated with the facility and the child’s placement in the facility facilitates the coordination and provision of reunification services. +(III) Placement in the facility is the only alternative that permits the parent to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services. +(B) A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children or a short-term residential treatment center under the following conditions. +(i) The short-term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the county’s control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department. +(ii) To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of this subparagraph shall apply to each extension. In addition, the deputy director or director of the county child welfare department shall approve the continued placement no less frequently than every 60 days. +(10) Any child placed in a short-term residential treatment center shall be either of the following: +(A) A child who has been assessed as meeting one of the placement requirements set forth in subdivisions (d) and (e) of Section 11462.01. +(B) A child under 6 years of age who is placed with his or her minor parent or for the purpose of reunification pursuant to clause (iv) of subparagraph (A) of paragraph (9). +(11) Nothing in this subdivision shall be construed to allow a social worker to place any dependent child outside the United States, except as specified in subdivision (f). +(f) (1) A child under the supervision of a social worker pursuant to subdivision (e) shall not be placed outside the United States prior to a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty. +(2) The party or agency requesting placement of the child outside the United States shall carry the burden of proof and shall show, by clear and convincing evidence, that placement outside the United States is in the best interest of the child. +(3) In determining the best interest of the child, the court shall consider, but not be limited to, the following factors: +(A) Placement with a relative. +(B) Placement of siblings in the same home. +(C) Amount and nature of any contact between the child and the potential guardian or caretaker. +(D) Physical and medical needs of the dependent child. +(E) Psychological and emotional needs of the dependent child. +(F) Social, cultural, and educational needs of the dependent child. +(G) Specific desires of any dependent child who is 12 years of age or older. +(4) If the court finds that a placement outside the United States is, by clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the social worker to make a placement outside the United States. A child subject to this subdivision shall not leave the United States prior to the issuance of the order described in this paragraph. +(5) For purposes of this subdivision, “outside the United States” shall not include the lands of any federally recognized American Indian tribe or Alaskan Natives. +(6) This subdivision shall not apply to the placement of a dependent child with a parent pursuant to subdivision (a). +(g) (1) If the child is taken from the physical custody of the child’s parent or guardian and unless the child is placed with relatives, the child shall be placed in foster care in the county of residence of the child’s parent or guardian in order to facilitate reunification of the family. +(2) In the event that there are no appropriate placements available in the parent’s or guardian’s county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parent’s or guardian’s community of residence. +(3) Nothing in this section shall be interpreted as requiring multiple disruptions of the child’s placement corresponding to frequent changes of residence by the parent or guardian. In determining whether the child should be moved, the social worker shall take into consideration the potential harmful effects of disrupting the placement of the child and the parent’s or guardian’s reason for the move. +(4) When it has been determined that it is necessary for a child to be placed in a county other than the child’s parent’s or guardian’s county of residence, the specific reason the out-of-county placement is necessary shall be documented in the child’s case plan. If the reason the out-of-county placement is necessary is the lack of resources in the sending county to meet the specific needs of the child, those specific resource needs shall be documented in the case plan. +(5) When it has been determined that a child is to be placed out of county either in a group home or with a foster family agency for subsequent placement in a certified foster family home, and the sending county is to maintain responsibility for supervision and visitation of the child, the sending county shall develop a plan of supervision and visitation that specifies the supervision and visitation activities to be performed and specifies that the sending county is responsible for performing those activities. In addition to the plan of supervision and visitation, the sending county shall document information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern in the receiving county. Upon implementation of the Child Welfare Services Case Management System, the plan of supervision and visitation, as well as information regarding any known or suspected dangerous behavior of the child, shall be made available to the receiving county upon placement of the child in the receiving county. If placement occurs on a weekend or holiday, the information shall be made available to the receiving county on or before the end of the next business day. +(6) When it has been determined that a child is to be placed out of county and the sending county plans that the receiving county shall be responsible for the supervision and visitation of the child, the sending county shall develop a formal agreement between the sending and receiving counties. The formal agreement shall specify the supervision and visitation to be provided the child, and shall specify that the receiving county is responsible for providing the supervision and visitation. The formal agreement shall be approved and signed by the sending and receiving counties prior to placement of the child in the receiving county. In addition, upon completion of the case plan, the sending county shall provide a copy of the completed case plan to the receiving county. The case plan shall include information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern to the receiving county. +(h) Whenever the social worker must change the placement of the child and is unable to find a suitable placement within the county and must place the child outside the county, the placement shall not be made until he or she has served written notice on the parent or guardian, the child’s attorney, and, if the child is 10 years of age or older, on the child, at least 14 days prior to the placement, unless the child’s health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons that require placement outside the county. The child or parent or guardian may object to the placement not later than seven days after receipt of the notice and, upon objection, the court shall hold a hearing not later than five days after the objection and prior to the placement. The court shall order out-of-county placement if it finds that the child’s particular needs require placement outside the county. +(i) If the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether the family ties and best interest of the child will be served by granting visitation rights to the child’s grandparents. The court shall clearly specify those rights to the social worker. +(j) If the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether there are any siblings under the court’s jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the court’s jurisdiction, the nature of the relationship between the child and his or her siblings, the appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002, and the impact of the sibling relationships on the child’s placement and planning for legal permanence. +(k) (1) An agency shall ensure placement of a child in a home that, to the fullest extent possible, best meets the day-to-day needs of the child. A home that best meets the day-to-day needs of the child shall satisfy all of the following criteria: +(A) The child’s caregiver is able to meet the day-to-day health, safety, and well-being needs of the child. +(B) The child’s caregiver is permitted to maintain the least restrictive family setting that promotes normal childhood experiences and that serves the day-to-day needs of the child. +(C) The child is permitted to engage in reasonable, age-appropriate day-to-day activities that promote normal childhood experiences for the foster child. +(2) The foster child’s caregiver shall use a reasonable and prudent parent standard, as defined in paragraph (2) of subdivision (a) of Section 362.04, to determine day-to-day activities that are age appropriate to meet the needs of the child. Nothing in this section shall be construed to permit a child’s caregiver to permit the child to engage in day-to-day activities that carry an unreasonable risk of harm, or subject the child to abuse or neglect. +(l) This section shall become operative on January 1, 2017. +SEC. 2. +To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.","Existing law prohibits a social worker, when he or she must place a dependent child outside the county, from making the placement until he or she has served written notice on the parent or guardian at least 14 days prior to the placement, except as specified. Existing law authorizes the parent or guardian to object to the placement. +This bill would require that the notice also be served on the child’s attorney and, if the child is 10 years of age or older, on the child, and would authorize the child to object to the placement. By imposing additional duties on county social workers, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 361.2 of the Welfare and Institutions Code, relating to juveniles." +890,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California has been a national leader in promoting service and volunteerism, including support for youth service and the conservation corps, service learning, and statewide mentor initiatives. +(b) Service learning is a powerful instructional strategy for improving the educational performance of pupils, along with contributing to the development of character, values, self-esteem, civic responsibility, and knowledge of local community issues and concerns. +(c) This act is based on the results of numerous research studies that identify the following benefits associated with pupils who engage in quality service learning programs infusing well-planned service activity into the school curriculum, including, but not necessarily limited to, all of the following: +(1) Pupil academic achievement increases, as demonstrated by higher standardized test scores and by higher grade point averages. +(2) Pupils are less likely to drop out of school. +(3) Pupils are less likely to have discipline problems, or to engage in behaviors that lead to pregnancy or arrest. +(4) Pupils are likely to maintain higher attendance rates in school. +(5) Pupils are more likely to develop a sense of civic responsibility and an ethic of service in their communities. +(6) Pupils report greater acceptance of cultural diversity and show increased awareness of cultural differences, including positive attitudes toward helping others. +(7) Pupils show increases in measures of personal and social responsibility, perceive themselves to be more socially competent, and are more likely to increase their sense of self-esteem and self-efficacy. +(d) This act is intended to promote volunteer service performed by pupils, since research has demonstrated many positive outcomes of pupil volunteer service, including, but not necessarily limited to, all of the following: +(1) Senior pupils who are engaged in volunteer work, whether through school or on their own, are likely to have significantly higher civics assessment scale scores than pupils who did not participate in volunteer work as reported by the National Assessment of Educational Progress in 1998. +(2) Community leaders report that service learning partnerships help build more positive community attitudes toward youth. +(3) Schools that support service learning and community service are more likely to have positive relationships with their community. +SEC. 2. +Section 51221.1 is added to the Education Code, to read: +51221.1. +(a) The Superintendent shall develop curriculum standards for courses that incorporate a service learning component in order to satisfy the requirements of paragraph (3) of subdivision (a) of Section 51225.3. In developing the curriculum standards under this section, the Superintendent shall consult with leaders of community organizations, pupils, parents, classroom teachers, school administrators, postsecondary educators, representatives of business and industry, and other persons with knowledge or experience the Superintendent deems appropriate to the task of developing these curriculum standards. The persons the Superintendent consults with pursuant to this section shall represent, as much as feasible, the diverse regions and socioeconomic communities of this state. +(b) (1) The Superintendent shall submit the proposed curriculum standards developed under subdivision (a) to the state board for its review on or before March 1, 2018. The state board shall adopt or reject curriculum standards that incorporate a service learning component into courses on or before July 1, 2018. If the state board adopts the proposed curriculum standards, the curriculum standards shall be implemented by school districts, commencing with the 2018–19 school year, as a component of courses in order to satisfy the requirements of paragraph (3) of subdivision (a) of Section 51225.3. +(2) If the state board rejects the curriculum standards proposed under this subdivision, the state board shall submit a written explanation of the reasons why the proposed curriculum standards were rejected to the Superintendent, the Legislature, and the Governor. +SEC. 3. +Section 51225.3 of the Education Code, as amended by Section 2 of Chapter 888 of the Statutes of 2014, is amended to read: +51225.3. +(a) A pupil shall complete +coursework in accordance with +all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school: +(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified: +(A) Three courses in English. +(B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35. +(C) Two courses in science, including biological and physical sciences. +(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics. +(E) One course in visual or performing arts or foreign language. For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language. +(F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code. +(2) Other coursework requirements adopted by the governing board of the school district. +(3) (A) Commencing with the high school class graduating during the 2021–22 school year, and for the high school classes graduating in each subsequent school year, at least one of the courses completed by a pupil to satisfy the requirements of this subdivision shall have a service learning component. +(B) For purposes of this subdivision, “service learning” is defined as follows: +(i) It is a method through which pupils or participants learn and develop through active participation in thoughtfully organized service that: (I) is conducted in, and meets the needs of, a community; (II) is coordinated with a secondary school and with the community; and (III) helps foster civic responsibility. +(ii) It is a method that: (I) is integrated into, and enhances, the standards-based academic curriculum of the pupils; and (II) provides structured time for the pupils or participants to reflect on the service experience. +(b) The governing +board, +board of the school district, +with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public. +(c) If a pupil completed a career technical education course that met the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, as amended by the act adding this section, before the inoperative date of that section, that course shall be deemed to fulfill the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of this section. +(d) This section shall become operative upon the date that Section 51225.3, as amended by the act adding this section, becomes inoperative. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes a system of public elementary and secondary schools in this state, and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law prescribes the course of study a pupil is required to complete while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. These requirements include the completion of 3 courses in social studies, including one-year courses in United States history and geography and world history, culture, and geography, and one-semester courses in American government and economics. +This bill would express legislative findings and declarations relating to service learning. The bill would additionally require, commencing with the high school class graduating during the 2021–22 school year, and for the high school classes graduating in each subsequent school year, at least one of the courses completed by a pupil to satisfy the graduation requirements referenced above to have a service learning component. The bill would define “service learning” for this purpose. +The bill would require the Superintendent of Public Instruction to develop curriculum standards for courses that incorporate a service learning component in order to satisfy the requirements of this bill. The bill would require the Superintendent to consult with leaders of community organizations, pupils, parents, classroom teachers, school administrators, postsecondary educators, representatives of business and industry, and other persons with knowledge or experience the Superintendent deems appropriate to the task of developing these curriculum standards. The bill would require the Superintendent to submit these proposed curriculum standards to the State Board of Education on or before March 1, 2018, and for the state board to adopt or reject curriculum standards that incorporate a service learning component into courses on or before July 1, 2018. +If the state board adopts these proposed curriculum standards, the bill would require the curriculum standards to be implemented by school districts, commencing with the 2018–19 school year, as a component of courses in order to satisfy the graduation requirements enacted by this bill. To the extent the implementation of these curriculum standards would impose new duties on school districts, this bill would impose a state-mandated local program. +(2)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 51225.3 of, and to add Section 51221.1 to, the Education Code, relating to school curriculum." +891,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 87482.3 is added to the Education Code, to read: +87482.3. +(a) (1) On or after January 1, 2017, community college districts that do not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2017, shall commence negotiations with the exclusive representatives for part-time, temporary faculty regarding the terms and conditions required by subdivision (b). The parties shall negotiate these rights for part-time, temporary faculty. +(2) It is the intent of the Legislature that both of the following shall occur: +(A) The adoption of provisions in compliance with subdivision (b) shall be included as part of the usual and customary negotiations between the community college district and the exclusive representative for part-time, temporary faculty. +(B) A community college district shall meet the minimum standards established by this section through the negotiation process between the community college district and the exclusive representative for part-time, temporary faculty. +(b) (1) A community college district that enters into a collective bargaining agreement on or after January 1, 2017, shall comply with all of the following: +(A) Upon initial hire, and subsequently thereafter, a part-time, temporary faculty member shall be evaluated pursuant to the requirements of Section 87663. +(B) After six semesters or nine quarters of service, exclusive of summer and intersession terms, each part-time, temporary faculty member who has not received a less-than-satisfactory evaluation during the preceding six semesters or nine quarters of service shall be placed on a seniority list for each assignment at each college where he or she holds a current assignment during the seventh semester or 10th quarter of service, irrespective of how many times he or she has completed each unique assignment. The seniority for all assignments shall be determined based on the first date of hire at the applicable college. Seniority lists shall be by campus unless otherwise locally negotiated between the community college district and the exclusive representative for part-time, temporary faculty. +(C) For semester seven or quarter 10 and beyond, each community college district shall endeavor to maintain the workload equivalent that the part-time, temporary faculty member was assigned during semester six or quarter nine, subject to all of the following: +(i) As new assignments become available due to growth or attrition, these assignments shall be offered in seniority order to those part-time, temporary faculty members who have qualified to be placed on the seniority list pursuant to subparagraph (B), and previously successfully completed that same assignment. These assignments may be made up to a maximum annualized load, exclusive of summer and intersession terms, in the range of 60 to 67 percent of a full-time equivalent load. +(ii) In cases where a reduction in assignment needs to occur due to program needs, budget constraints, or more contract faculty hires, the reduction shall occur first from among those part-time, temporary faculty members who have not yet qualified to be placed on the seniority list, and thereafter in reverse seniority order, with the least senior part-time, temporary faculty member reduced first. Any rights to a certain workload equivalent shall be maintained for a period of 18 months. In cases of class cancellation due to low enrollment, faculty members shall displace faculty members who are lower than they are on the seniority list, if the class cancellation occurs prior to the first class meeting day. +(iii) Each new assignment successfully completed shall be added to the part-time, temporary faculty member seniority list. +(D) Procedures governing refusal or rejection of offered assignments, diminution or loss of seniority rights, and additional leave or break-in-service provisions shall be locally negotiated between the community college district and the exclusive representative for part-time, temporary faculty. +(E) In cases where a part-time, temporary faculty member, subsequent to qualifying to be placed on the seniority list, receives a less-than-satisfactory evaluation, as that term is defined in the collective bargaining agreement between the community college district and the exclusive representative for part-time, temporary faculty, the faculty member shall be provided a written plan of remediation with concrete suggestions for improvement. The faculty member shall be evaluated again the following semester. If the outcome of this subsequent evaluation is also less than satisfactory, the faculty member shall lose all seniority rights, and may be dismissed at the discretion of the district. Appeal and grievance rights and procedures, if any, shall be subject to local collective bargaining. +(F) In all cases, part-time faculty assignments are temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member has a reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference seniority of that part-time, temporary faculty member. +(2) (A) A community college district that has a collective bargaining agreement in effect as of January 1, 2017, that has provisions in place that require implementation of all of the following, and executes a signed written agreement pursuant to subparagraph (B), shall be exempt from this subdivision upon the expiration of that agreement: +(i) Part-time, temporary faculty assignment based on seniority up to the range of 60 to 67 percent of a full-time equivalent load. +(ii) A regular evaluation process for part-time, temporary faculty. +(iii) Due process for termination once a part-time, temporary faculty member has qualified for the negotiated provisions. +(B) A written agreement, confirming that provisions requiring the implementation of clauses (i) to (iii), inclusive, have been included in a collective bargaining agreement in effect as of January 1, 2017, shall be signed by the exclusive representative for part-time, temporary faculty and the community college district, who are subject to that agreement, in order for the district to be exempt from this subdivision pursuant to subparagraph (A). +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. +Existing law requires that a person employed to teach adult or community college classes for not more than 67% of the hours per week of a full-time employee having comparable duties, excluding substitute service, be classified as a temporary employee and not a contract employee. +This bill would require community college districts without a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2017, to, on or after January 1, 2017, commence negotiations with the exclusive representatives for part-time, temporary faculty regarding the terms and conditions required by the bill. The bill would specify minimum standards for the treatment of part-time, temporary faculty to be met by community college collective bargaining agreements negotiated on or after January 1, 2017, that are not exempt, as specified. These standards would relate to, among other issues, evaluation procedures, workload distribution, and seniority rights. +To the extent that this bill would impose new duties on community college districts, it would constitute a state-mandated local program. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 87482.3 to the Education Code, relating to community colleges." +892,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 148.5 of the Penal Code is amended to read: +148.5. +(a) Every person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the Attorney General, or a deputy attorney general, or a district attorney, or a deputy district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor. +(b) Every person who reports to any other peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the peace officer is engaged in the performance of his or her duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer. +(c) Except as provided in subdivisions (a) and (b), every person who reports to any employee who is assigned to accept reports from citizens, either directly or by telephone, and who is employed by a state or local agency which is designated in Section 830.1, 830.2, subdivision (e) of Section 830.3, Section 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, or 830.4, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the employee is engaged in the performance of his or her duties as an agency employee and (2) the person providing the false information knows or should have known that the person receiving the information is an agency employee engaged in the performance of the duties described in this subdivision. +(d) Every person who makes a report to a grand jury that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor. This subdivision shall not be construed as prohibiting or precluding a charge of perjury or contempt for any report made under oath in an investigation or proceeding before a grand jury. +(e) This section does not apply to reports made by persons who are required by statute to report known or suspected instances of child abuse, dependent adult abuse, or elder abuse. +(f) This section applies to a person who reports to a person described in subdivision (a), (b), or (c), that a firearm, as defined in subdivision (a) or (b) of Section 16520, has been lost or stolen, knowing the report to be false. +SEC. 2. +Section 29805 of the Penal Code is amended to read: +29805. +(a) Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. +(b) The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860. +SEC. 2.5. +Section 29805 of the Penal Code is amended to read: +29805. +(a) Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 490.2 if the property taken was a firearm, 496 if the property consists of a firearm, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. +(b) The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860. +SEC. 3. +Section 2.5 of this bill incorporates amendments to Section 29805 of the Penal Code proposed by both this bill and Assembly Bill 1176. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 29805 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1176, in which case Section 2 of this bill shall not become operative. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law makes it a misdemeanor to make a false report to a peace officer, or to a person who is employed by a law enforcement agency, as specified, that a felony or misdemeanor has been committed, knowing the report to be false. +This bill would make that prohibition applicable to a person who reports to certain individuals and peace officers that a firearm has been lost or stolen, knowing the report to be false. By changing the definition of an existing crime, this bill would impose a state-mandated local program. The bill would also make it a misdemeanor for a person convicted of violating this provision to own a firearm within 10 years of the conviction. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. +(2) This bill would incorporate additional changes to Section 29805 of the Penal Code, proposed by AB 1176, that would become operative only if AB 1176 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 148.5 and 29805 of the Penal Code, relating to firearms." +893,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) requires California to reduce the emissions of greenhouse gases to 1990 levels by 2020. +(b) In January 2015, Governor Brown issued an executive order declaring a statewide goal of reducing petroleum use by 50 percent by 2030 in order to reduce the emissions of greenhouse gases. +(c) To address the long-term goals of reducing the emissions of greenhouse gases in California, the Legislature enacted the California Alternative and Renewable Fuel, Vehicle Technology, Clean Air and Carbon Reduction Act of 2007 (Chapter 8.9 (commencing with Section 44270) of Part 5 of Division 26 of the Health and Safety Code) that established the Alternative and Renewable Fuel and Vehicle Technology Program to provide up to $100 million in grants each year to help California establish and expand alternative and renewable fuel production and infrastructure. +(d) As policies that reduce the emissions of greenhouse gases and petroleum use go into effect, the job market will inevitably change, resulting in a greater emphasis on green jobs. +(e) To ensure that the skills and technical training in existing industries are integrated into the new green economy, it is incumbent on the state to foster earn-and-learn pathways and additional training opportunities to transition workers from the carbon-based economy to jobs focused on alternative and renewable fuels to match growing demand. +SEC. 2. +Section 44272 of the Health and Safety Code is amended to read: +44272. +(a) The Alternative and Renewable Fuel and Vehicle Technology Program is hereby created. The program shall be administered by the commission. The commission shall implement the program by regulation pursuant to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The program shall provide, upon appropriation by the Legislature, competitive grants, revolving loans, loan guarantees, loans, or other appropriate funding measures to public agencies, vehicle and technology entities, businesses and projects, public-private partnerships, workforce training partnerships and collaboratives, fleet owners, consumers, recreational boaters, and academic institutions to develop and deploy innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. The emphasis of this program shall be to develop and deploy technology and alternative and renewable fuels in the marketplace, without adopting any one preferred fuel or technology. +(b) A project that receives more than seventy-five thousand dollars ($75,000) in funds from the commission shall be approved at a noticed public meeting of the commission and shall be consistent with the priorities established by the investment plan adopted pursuant to Section 44272.5. Under this article, the commission may delegate to the commission’s executive director, or his or her designee, the authority to approve either of the following: +(1) A contract, grant, loan, or other agreement or award that receives seventy-five thousand dollars ($75,000) or less in funds from the commission. +(2) Amendments to a contract, grant, loan, or other agreement or award as long as the amendments do not increase the amount of the award, change the scope of the project, or modify the purpose of the agreement. +(c) The commission shall provide preferences to those projects that maximize the goals of the Alternative and Renewable Fuel and Vehicle Technology Program, based on the following criteria, as applicable: +(1) The project’s ability to provide a measurable transition from the nearly exclusive use of petroleum fuels to a diverse portfolio of viable alternative fuels that meet petroleum reduction and alternative fuel use goals. +(2) The project’s consistency with existing and future state climate change policy and low-carbon fuel standards. +(3) The project’s ability to reduce criteria air pollutants and air toxics and reduce or avoid multimedia environmental impacts. +(4) The project’s ability to decrease, on a life-cycle basis, the discharge of water pollutants or any other substances known to damage human health or the environment, in comparison to the production and use of California Phase 2 Reformulated Gasoline or diesel fuel produced and sold pursuant to California diesel fuel regulations set forth in Article 2 (commencing with Section 2280) of Chapter 5 of Division 3 of Title 13 of the California Code of Regulations. +(5) The project does not adversely impact the sustainability of the state’s natural resources, especially state and federal lands. +(6) The project provides nonstate matching funds. Costs incurred from the date a proposed award is noticed may be counted as nonstate matching funds. The commission may adopt further requirements for the purposes of this paragraph. The commission is not liable for costs incurred pursuant to this paragraph if the commission does not give final approval for the project or the proposed recipient does not meet requirements adopted by the commission pursuant to this paragraph. +(7) The project provides economic benefits for California by promoting California-based technology firms, jobs, and businesses. +(8) The project uses existing or proposed fueling infrastructure to maximize the outcome of the project. +(9) The project’s ability to reduce on a life-cycle assessment greenhouse gas emissions by at least 10 percent, and higher percentages in the future, from current reformulated gasoline and diesel fuel standards established by the state board. +(10) The project’s use of alternative fuel blends of at least 20 percent, and higher blend ratios in the future, with a preference for projects with higher blends. +(11) The project drives new technology advancement for vehicles, vessels, engines, and other equipment, and promotes the deployment of that technology in the marketplace. +(12) The project’s ability to transition workers to, or promote employment in, the alternative and renewable fuel and vehicle technology sector. +(d) The commission shall rank applications for projects proposed for funding awards based on solicitation criteria developed in accordance with subdivision (c), and shall give additional preference to funding those projects with higher benefit-cost scores. +(e) Only the following shall be eligible for funding: +(1) Alternative and renewable fuel projects to develop and improve alternative and renewable low-carbon fuels, including electricity, ethanol, dimethyl ether, renewable diesel, natural gas, hydrogen, and biomethane, among others, and their feedstocks that have high potential for long-term or short-term commercialization, including projects that lead to sustainable feedstocks. +(2) Demonstration and deployment projects that optimize alternative and renewable fuels for existing and developing engine technologies. +(3) Projects to produce alternative and renewable low-carbon fuels in California. +(4) Projects to decrease the overall impact of an alternative and renewable fuel’s life-cycle carbon footprint and increase sustainability. +(5) Alternative and renewable fuel infrastructure, fueling stations, and equipment. The preference in paragraph (10) of subdivision (c) shall not apply to renewable diesel or biodiesel infrastructure, fueling stations, and equipment used solely for renewable diesel or biodiesel fuel. +(6) Projects to develop and improve light-, medium-, and heavy-duty vehicle technologies that provide for better fuel efficiency and lower greenhouse gas emissions, alternative fuel usage and storage, or emission reductions, including propulsion systems, advanced internal combustion engines with a 40 percent or better efficiency level over the current market standard, lightweight materials, intelligent transportation systems, energy storage, control systems and system integration, physical measurement and metering systems and software, development of design standards and testing and certification protocols, battery recycling and reuse, engine and fuel optimization electronic and electrified components, hybrid technology, plug-in hybrid technology, battery electric vehicle technology, fuel cell technology, and conversions of hybrid technology to plug-in technology through the installation of safety certified supplemental battery modules. +(7) Programs and projects that accelerate the commercialization of vehicles and alternative and renewable fuels including buy-down programs through near-market and market-path deployments, advanced technology warranty or replacement insurance, development of market niches, supply-chain development, and research related to the pedestrian safety impacts of vehicle technologies and alternative and renewable fuels. +(8) Programs and projects to retrofit medium- and heavy-duty onroad and nonroad vehicle fleets with technologies that create higher fuel efficiencies, including alternative and renewable fuel vehicles and technologies, idle management technology, and aerodynamic retrofits that decrease fuel consumption. +(9) Infrastructure projects that promote alternative and renewable fuel infrastructure development connected with existing fleets, public transit, and existing transportation corridors, including physical measurement or metering equipment and truck stop electrification. +(10) Workforce training programs related to the development and deployment of technologies that transform California’s fuel and vehicle types and assist the state in implementing its climate change policies, including, but not limited to, alternative and renewable fuel feedstock production and extraction; renewable fuel production, distribution, transport, and storage; high-performance and low-emission vehicle technology and high tower electronics; automotive computer systems; mass transit fleet conversion, servicing, and maintenance; and other sectors or occupations related to the purposes of this chapter, including training programs to transition dislocated workers affected by the state’s greenhouse gas emission policies, including those from fossil fuel sectors, or training programs for low-skilled workers to enter or continue in a career pathway that leads to middle skill, industry-recognized credentials or state-approved apprenticeship opportunities in occupations related to the purposes of this chapter. +(11) Block grants or incentive programs administered by public entities or not-for-profit technology entities for multiple projects, education and program promotion within California, and development of alternative and renewable fuel and vehicle technology centers. The commission may adopt guidelines for implementing the block grant or incentive program, which shall be approved at a noticed public meeting of the commission. +(12) Life-cycle and multimedia analyses, sustainability and environmental impact evaluations, and market, financial, and technology assessments performed by a state agency to determine the impacts of increasing the use of low-carbon transportation fuels and technologies, and to assist in the preparation of the investment plan and program implementation. +(13) A program to provide funding for homeowners who purchase a plug-in electric vehicle to offset costs associated with modifying electrical sources to include a residential plug-in electric vehicle charging station. In establishing this program, the commission shall consider funding criteria to maximize the public benefit of the program. +(f) The commission may make a single source or sole source award pursuant to this section for applied research. The same requirements set forth in Section 25620.5 of the Public Resources Code shall apply to awards made on a single source basis or a sole source basis. This subdivision does not authorize the commission to make a single source or sole source award for a project or activity other than for applied research. +(g) The commission may do all of the following: +(1) Contract with the Treasurer to expend funds through programs implemented by the Treasurer, if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270). +(2) Contract with small business financial development corporations established by the Governor’s Office of Business and Economic Development to expend funds through the Small Business Loan Guarantee Program if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270). +(3) Advance funds, pursuant to an agreement with the commission, to any of the following: +(A) A public entity. +(B) A recipient to enable it to make advance payments to a public entity that is a subrecipient of the funds and under a binding and enforceable subagreement with the recipient. +(C) An administrator of a block grant program. +(h) The commission shall collaborate with entities that have expertise in workforce development to implement the workforce development components of this section, including, but not limited to, the California Workforce Development Board, the Employment Training Panel, the Employment Development Department, and the Division of Apprenticeship Standards.","Existing law establishes the Alternative and Renewable Fuel and Vehicle Technology Program, administered by the State Energy Resources Conservation and Development Commission. Existing law requires the program to provide funding measures to certain entities to develop and deploy innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. Existing law requires the commission to provide preferences to projects that maximize the goals of the program based on certain criteria, including the project’s ability to provide economic benefits for California by promoting California-based technology firms, jobs, and businesses. Existing law specifies that projects eligible for funding include workforce training programs related to various sectors or occupations related to the purposes of the program. +This bill would add a project’s ability to transition workers to, or promote employment in, the alternative and renewable fuels and vehicle technology sector as additional criteria on which preference under the program shall be provided. The bill would revise the eligibility criteria for workforce training programs, as specified. The bill would require the commission to collaborate with entities, as specified, that have expertise in workforce development to implement the workforce development components of the program.","An act to amend Section 44272 of the Health and Safety Code, relating to vehicular air pollution." +894,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 13700 of the Welfare and Institutions Code is amended to read: +13700. +(a) The Legislature finds and declares all of the following: +(1) There are homeless minors living on the streets of major urban centers, suburban communities, and in rural areas in this state without adequate food, shelter, health care, or financial support. +(2) Many of these homeless youth in these urban centers come from out-of-city or out-of-county locations. +(3) The homeless child, in many instances, has a history of physical or sexual abuse at home, and of having been rejected or forced out of the parental home. +(4) While living on the streets, these youth fall prey to drug abuse, human trafficking, prostitution, and other illegal activities. +(5) Local public agencies are unable to provide these youth with an adequate level or range of remedial services. +(6) These homeless minors are urgently in need of specialized services to locate them, to assist them with their immediate survival needs, and to address their long-term need to reunite with their parents or find a suitable home. +(7) Two homeless youth emergency service pilot programs, one in the City of Los Angeles, and one in the City and County of San Francisco, have demonstrated the need for ongoing programs to meet the needs of homeless minors and the effectiveness of these programs in meeting these needs. +(8) While critical, immediate crisis intervention does not go far enough to help these youth make a successful transition to adulthood. Evidence supports transitional living programs as the key driver of positive outcomes for homeless youth. +(b) The purpose of this chapter +is therefore +is, therefore, +to maintain one homeless youth emergency project in the County of Los Angeles and one in the City and County of San Francisco, where the problem is most acute, and to the extent funds are appropriated in the Budget Act of 1991, to establish additional homeless youth emergency service pilot projects pursuant to this chapter. It is the further purpose of this chapter to examine the condition of homeless youth in major urban areas of this state with populations of 500,000 or more, as well as other urban, suburban, and rural areas, and develop a profile of homeless youth in terms of background and available services, in order to locate these youth, to provide for their emergency survival needs, and to assist them in reunification with their parents or in finding a suitable home. +SEC. 2. +Section 13700.5 of the Welfare and Institutions Code is amended to read: +13700.5. +For purposes of this chapter, “office” means the Office of Emergency Services. +SEC. 3. +Section 13701 of the Welfare and Institutions Code is amended to read: +13701. +Each homeless youth project established under this chapter shall provide services that shall include, but are not limited to, all of the following: +(a) Food and access to an overnight shelter. +(b) Counseling to address immediate emotional crises or problems. +(c) Outreach services to locate homeless youth and link them with services, and drop-in facilities to make the services accessible to the street population. +(d) Screening for basic health needs and referral to public and private agencies for health care. +(e) Linkage to other services offered by public and private agencies. +(f) Long-term stabilization planning so that the youth may be returned to the parental home under circumstances favoring long-term reunification with the family, or so that the youth can be suitably placed in a situation outside the family when family reunification is not possible. +(g) Followup services to ensure that the return to the family or the placement outside the family is stable. +(h) Transitional living services for homeless youth 18 through 24 years of age, inclusive, for a period of up to 36 months, with access to education and employment assistance, independent living skill development, and family engagement and interventions. +SEC. 4. +Section 13703 of the Welfare and Institutions Code is amended to read: +13703. +(a) One homeless youth emergency service project shall be established in the County of Los Angeles and one shall be established in the City and County of San Francisco. One homeless youth emergency service project shall also be established in the County of San Diego, and one shall be established in the County of Santa Clara. The office shall establish additional homeless youth emergency service projects in +the County of Orange and +other counties, with a priority given to counties that lack existing services for runaway and homeless youth. +The office shall, with input from stakeholders, develop criteria for the selection of grantees and the determination of grant amounts under the grant program. For purposes of this section, stakeholders shall include, but not be limited to, current and former homeless youth and representatives from advocacy groups serving homeless youth. +Each project may have one central location or may have more than one location in the service area in order to serve effectively the area population of homeless youth. Each project shall be operated by an agency in accordance with the grant award agreement with the office. +(b) (1) The office shall prepare and disseminate a request for proposals for grantees under this chapter by February 15, 1986. The office shall enter into grant award agreements, and the operation of pilot projects shall begin, not later than June 1, 1986. With respect to projects to be established in the County of San Diego and the County of Santa Clara, the office shall prepare and disseminate a request for proposals for grantees under this chapter by March 31, 1992. The office shall enter into grant award agreements and the operation of these projects shall begin not later than July 1, 1992. +(2) With respect to additional homeless youth emergency service projects to be established pursuant to funding appropriated by the act that added this paragraph, the office shall prepare and disseminate requests for proposals +not +no +later than March 31, 2017. +(c) An agency eligible to apply for funds under this chapter and to operate a homeless youth emergency service project shall be a private, nonprofit agency with a demonstrated record of success in the delivery of services to homeless youth. The agency selected for each project shall demonstrate the ability to provide each of the services described in Section 13701, either directly or under subcontract with a competent provider. Preference shall be given to agencies that demonstrate a history of coordination with other public and private agencies in the service region that provide services to homeless youth. Preference shall also be given to agencies that will involve a network of youth-serving agencies in the delivery of services to homeless youth under this chapter. +SEC. 5. +The sum of twenty-five million dollars ($25,000,000) is hereby appropriated from the General Fund to the Office of Emergency Services to provide additional funding for homeless youth emergency service projects established pursuant to Chapter 6 (commencing with Section 13700) of Part 3 of Division 9 of the Welfare and Institutions Code.","Existing law establishes the Homeless Youth and Exploitation Program, under which homeless youth emergency service projects are established in the Counties of Los Angeles, Santa Clara, San Diego, and the City and County of San Francisco through a grant program to eligible private, nonprofit agencies with a demonstrated record of success in the delivery of services to homeless youth. Under existing law, this program is administered by the Office of Emergency Services. Existing law requires each project to provide specified services, including food and access to overnight shelter, counseling to address immediate emotional crises and problems, and long-term stabilization planning. +This bill would require +a homeless youth emergency service project to be established in the County of Orange and would require +the Office of Emergency Services to establish additional +homeless youth emergency service +projects in other counties with a priority given to counties that lack existing services for runaway and homeless youth. +The bill would require the Office of Emergency Services to develop, with input from specified stakeholders, criteria for the selection of grantees and the determination of grant amounts under the grant program. +The bill would additionally require each project to provide transitional living services for designated homeless youth for a period of up to 36 months, with access to education and employment assistance, independent living skill development, and family engagement and interventions. The bill would appropriate $25,000,000 from the General Fund to the Office of Emergency Services to provide additional funding for these homeless youth emergency service projects.","An act to amend Sections 13700, 13700.5, 13701, and 13703 of the Welfare and Institutions Code, relating to homeless youth, and making an appropriation therefor." +895,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4030 of the Penal Code is amended to read: +4030. +(a) (1) The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout California. Consequently, some people have been arbitrarily subjected to unnecessary strip and body cavity searches after arrests for minor misdemeanor and infraction offenses. Some present search practices violate state and federal constitutional rights to privacy and freedom from unreasonable searches and seizures. +(2) It is the intent of the Legislature in enacting this section to protect the state and federal constitutional rights of the people of California by establishing a statewide policy strictly limiting strip and body cavity searches. +(b) The provisions of this section shall apply only to prearraignment detainees arrested for infraction or misdemeanor offenses and to any minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code alleged to have committed a misdemeanor or infraction offense. The provisions of this section shall not apply to a person in the custody of the Secretary of the Department of Corrections and Rehabilitation or the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation. +(c) As used in this section the following definitions shall apply: +(1) “Body cavity” only means the stomach or rectal cavity of a person, and vagina of a female person. +(2) “Physical body cavity search” means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity. +(3) “Strip search” means a search which requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of such person. +(4) “Visual body cavity search” means visual inspection of a body cavity. +(d) (1) Notwithstanding any other law, including Section 40304.5 of the Vehicle Code, if a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, body scanners, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell. +(2) An agency that utilizes a body scanner pursuant to this subdivision shall endeavor to avoid knowingly using a body scanner to scan a woman who is pregnant. +(e) A person arrested and held in custody on a misdemeanor or infraction offense, except those involving weapons, controlled substances, or violence, or a minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code, except for those minors alleged to have committed felonies or offenses involving weapons, controlled substances, or violence, shall not be subjected to a strip search or visual body cavity search prior to placement in the general jail population, unless a peace officer has determined there is reasonable suspicion, based on specific and articulable facts, to believe that person is concealing a weapon or contraband, and a strip search will result in the discovery of the weapon or contraband. A strip search or visual body cavity search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty. The authorization shall include the specific and articulable facts and circumstances upon which the reasonable suspicion determination was made by the supervisor. +(f) (1) Except pursuant to the provisions of paragraph (2), a person arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances, or violence, shall not be confined in the general jail population unless all of the following are true: +(A) The person is not cited and released. +(B) The person is not released on his or her own recognizance pursuant to Article 9 (commencing with Section 1318) of Chapter 1 of Title 10 of Part 2. +(C) The person is not able to post bail within a reasonable time, not less than three hours. +(2) A person shall not be housed in the general jail population prior to release pursuant to the provisions of paragraph (1) unless a documented emergency exists and there is no reasonable alternative to that placement. The person shall be placed in the general population only upon prior written authorization documenting the specific facts and circumstances of the emergency. The written authorization shall be signed by the uniformed supervisor of the facility or by a uniformed watch commander. A person confined in the general jail population pursuant to paragraph (1) shall retain all rights to release on citation, his or her own recognizance, or bail that were preempted as a consequence of the emergency. +(g) A person arrested on a misdemeanor or infraction offense, or a minor described in subdivision (b), shall not be subjected to a physical body cavity search except under the authority of a search warrant issued by a magistrate specifically authorizing the physical body cavity search. +(h) A copy of the prior written authorization required by subdivisions (e) and (f) and the search warrant required by subdivision (g) shall be placed in the agency’s records and made available, on request, to the person searched or his or her authorized representative. With regard to a strip search or visual or physical body cavity search, the time, date, and place of the search, the name and sex of the person conducting the search, and a statement of the results of the search, including a list of items removed from the person searched, shall be recorded in the agency’s records and made available, upon request, to the person searched or his or her authorized representative. +(i) Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched. +(j) A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II licensed to practice in this state. A physician engaged in providing health care to detainees and inmates of the facility may conduct physical body cavity searches. +(k) (1) A person conducting or otherwise present or within sight of the inmate during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel. +(2) A person within sight of the visual display of a body scanner depicting the body during a scan shall be of the same sex as the person being scanned, except for physicians or licensed medical personnel. +(l) All strip, visual, and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted. +(m) A person who knowingly and willfully authorizes or conducts a strip search or visual or physical body cavity search in violation of this section is guilty of a misdemeanor. +(n) This section does not limit the common law or statutory rights of a person regarding an action for damages or injunctive relief, or preclude the prosecution under another law of a peace officer or other person who has violated this section. +(o) Any person who suffers damage or harm as a result of a violation of this section may bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorney’s fees.","Existing law generally prohibits strip searches and body cavity searches of prearraignment detainees arrested for infraction or misdemeanor offenses. Existing law allows a person who has been arrested and taken into custody to be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell. +This bill would also allow law enforcement personnel to subject a person who is arrested and taken into custody to a body scanner search for those weapons or substances. The bill would require an agency utilizing a body scanner to endeavor to avoid knowingly using a body scanner to scan a woman who is pregnant. The bill would require a person within sight of the visual display of a body scanner depicting the body during a scan to be of the same sex as the person being scanned, except for physicians or licensed medical personnel.","An act to amend Section 4030 of the Penal Code, relating to jails." +896,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3003 of the Government Code is amended to read: +3003. +(a) An elected officer of the state or a city, county, city and county, or district in this state forfeits his or her office upon the conviction of a crime pursuant to the federal Stolen Valor Act of 2013 (18 U.S.C. Sec. 704) or the California Stolen Valor Act (as specified in Section 532b of the Penal Code), that involves a fraudulent claim, made with the intent to obtain money, property, or other tangible benefit, that the person is a veteran or a member of the Armed Forces of the United States, as prescribed in those acts. +(b) For purposes of this section, the following terms shall have the following meanings: +(1) “District” means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries. +(2) “Tangible benefit” means financial remuneration, an effect on the outcome of a criminal or civil court proceeding, +an effect on an election, +or any benefit relating to service in the military that is provided by a federal, state, or local governmental entity. +SEC. 2. +Section 532b of the Penal Code is amended to read: +532b. +(a) Any person who fraudulently represents himself or herself as a veteran or ex-serviceman of any war in which the United States was engaged, in connection with the soliciting of aid or the sale or attempted sale of any property, is guilty of a misdemeanor. +(b) Any person who fraudulently claims, or presents himself or herself, to be a veteran or member of the Armed Forces of the United States, the California National Guard, the State Military Reserve, the Naval Militia, the national guard of any other state, or any other reserve component of the Armed Forces of the United States, with the intent to obtain money, property, or other tangible benefit, is guilty of a misdemeanor. +(c) (1) Except as provided in paragraph (2), any person who, orally, in writing, or by wearing any military decoration, falsely represents himself or herself to have been awarded any military decoration, with the intent to obtain money, property, or other tangible benefit, is guilty of a misdemeanor. +(2) This offense is an infraction or a misdemeanor, subject to Sections 19.6, 19.7, and 19.8, if the person committing the offense is a veteran of the Armed Forces of the United States. +(d) Any person who forges documentation reflecting the awarding of any military decoration that he or she has not received for the purposes of obtaining money, property, or receiving a tangible benefit is guilty of a misdemeanor. +(e) Any person who knowingly, with the intent to impersonate and to deceive, for the purposes of obtaining money, property, or receiving a tangible benefit, misrepresents himself or herself as a member or veteran of the Armed Forces of the United States, the California National Guard, the State Military Reserve, or the Naval Militia by wearing the uniform or military decoration authorized for use by the members or veterans of those forces, is guilty of a misdemeanor. +(f) Any person who knowingly utilizes falsified military identification for the purposes of obtaining money, property, or receiving a tangible benefit, is guilty of a misdemeanor. +(g) Any person who knowingly, with the intent to impersonate, for the purposes of promoting a business, charity, or endeavor, misrepresents himself or herself as a member or veteran of the Armed Forces of the United States, the California National Guard, the State Military Reserve, or the Naval Militia by wearing the uniform or military decoration authorized for use by the members or veterans of those forces, is guilty of a misdemeanor. +(h) Any person who knowingly, with the intent to gain an advantage for employment purposes, misrepresents himself or herself as a member or veteran of the Armed Forces of the United States, the California National Guard, the State Military Reserve, or the Naval Militia by wearing the uniform or military decoration authorized for use by the members or veterans of those forces, is guilty of a misdemeanor. +(i) This section does not apply to face-to-face solicitations involving less than ten dollars ($10). +(j) This section, Section 3003 of the Government Code, and Section 1821 of the Military and Veterans Code shall be known and may be cited as the California Stolen Valor Act. +(k) For purposes of this section, the following terms shall have the following meanings: +(1) “Military decoration” means any decoration or medal from the Armed Forces of the United States, the California National Guard, the State Military Reserve, or the Naval Militia, or any service medals or badges awarded to the members of those forces, or the ribbon, button, or rosette of that badge, decoration, or medal, or any colorable imitation of that item. +(2) “Tangible benefit” means financial remuneration, an effect on the outcome of a criminal or civil court proceeding, +an effect on an election, +or any benefit relating to service in the military that is provided by a federal, state, or local governmental entity. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires certain elected officers to forfeit their office upon the conviction of a crime pursuant to the federal Stolen Valor Act of 2005 that involves a false claim of receipt of any military decoration or medal, as specified, or the California Stolen Valor Act that involves a false claim, made with the intent to defraud, that the person is a veteran or a member of the Armed Forces of the United States. Existing law, the federal Stolen Valor Act of 2013, prohibits a person, with the intent to obtain money, property, or other tangible property, from fraudulently holding oneself out to be a recipient of a military decoration or medal, as specified. +This bill would instead require these elected officers to forfeit their office upon the conviction of a crime pursuant to the federal Stolen Valor Act of 2013 or the California Stolen Valor Act that involves a fraudulent claim, made with the intent to obtain money, property, or other tangible benefit, as defined, that the person is a veteran or a member of the Armed Forces of the United States, as prescribed in those acts. +Existing law makes it a misdemeanor for a person to falsely represent himself or herself as a veteran or member of the Armed Forces of the United States in connection with specified acts. Existing law provides that any person who, orally, in writing, or by wearing any military decoration, falsely represents himself or herself to have been awarded any military decoration, with the intent to defraud, is guilty of a misdemeanor. +This bill would conform those provisions to the federal Stolen Valor Act of 2013, and impose a misdemeanor only if the prescribed actions described above are made with the intent to obtain money, property, or other tangible benefit, as defined. The bill would expand the above-described crime related +to +misrepresentation to +include +a person who falsely represents himself or herself as a veteran or member of other specified armed forces with the intent to obtain money, property, or other tangible +benefits. +benefit. +The bill would additionally make it a misdemeanor for a person to misrepresent himself or herself as a member or veteran of specified armed forces in connection with certain acts, such as, among other things, the forgery or use of falsified military documentation, or for purposes of employment or promoting a business, charity, or other endeavor, as prescribed. +By creating new crimes, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 3003 of the Government Code, and to amend Section 532b of the Penal Code, relating to military fraud." +897,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 44258.6 is added to the Health and Safety Code, to read: +44258.6. +(a) On or before January 1, 2019, the state board shall develop and implement a comprehensive program to promote zero-emission and near-zero-emission vehicle deployment in the state to drastically increase the use of those vehicles and to meet the goals established by the Governor and the Legislature, including, but not limited to, the ZEV Action Plan by the Governor’s Interagency Working Group on Zero-Emission Vehicles and the Charge Ahead California Initiative. +(b) (1) The program shall consist of a portfolio of incentives, including, but not limited to, the following: +(A) An employer incentive program, including, but not limited to, incentives targeted at companies located outside population centers or companies whose employees commute from a 50-mile radius. +(B) An incentive program targeted at low-income individuals for the purchase or leasing of zero-emission or near-zero-emission vehicles. +(C) Onroad incentives. +(2) Incentives may include grants, loans, revolving loans, or other appropriate measures. +(3) In implementing the program, the state board shall consult with the State Energy Resources Conservation and Development Commission to identify opportunities for coordination with investment in zero-emission and near-zero-emission vehicle infrastructure pursuant to Section 44272. +(c) Moneys in the Greenhouse Gas Reduction Fund, the Air Quality Improvement Fund, or the Alternative and Renewable Fuel and Vehicle Technology Fund shall be made available, upon appropriation by the Legislature, for the program. +(d) The state board, in accordance with Section 9795 of the Government Code, shall submit an annual report to the Legislature regarding the efficacy of the program. +SEC. 2. +Section 6012.4 is added to the Revenue and Taxation Code, to read: +6012.4. +(a) On or after January 1, 2017, for purposes of this part, “gross receipts” and “sales price” do not include that portion of the cost of a new or used near-zero or zero-emission vehicle purchased by a low-income purchaser that does not exceed forty thousand dollars ($40,000). +(b) For purposes of this section: +(1) “Low-income purchaser” means an individual or individuals whose household income does not exceed 80% of the median income of the county in which they reside as determined by the United States Department of Housing and Urban Development. +(2) “Near-zero-emission vehicle” means a vehicle that utilizes zero-emission technologies, enables technologies that provide a pathway to zero-emissions operations, or incorporates other technologies that significantly reduce criteria pollutants, toxic air contaminants, and greenhouse gas emissions, as defined by the State Air Resources Board in consultation with the State Energy Resources Conservation and Development Commission consistent with meeting the state’s mid- and long-term air quality standards and climate goals. +(3) “Zero-emission vehicle” means a vehicle that produces no emissions of criteria pollutants, toxic air contaminants, and greenhouse gases when stationary or operating, as determined by the State Air Resources Board. +(c) Notwithstanding any provision of the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) or the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section shall not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws. +SEC. 3. +Section 17060.3 is added to the Revenue and Taxation Code, to read: +17060.3. +(a) For each taxable year beginning on or after January 1, 2017, and before January 1, 2026, there shall be allowed to a qualified taxpayer a credit against the “net tax,” as defined in Section 17039, in an amount equal to two thousand five hundred dollars ($2,500). +(b) For the purposes of this section: +(1) “Qualified taxpayer” means an individual or individuals who meet the income eligibility requirements specified by the State Air Resources Board pursuant to subparagraph (B) of paragraph (3) of subdivision (c) of Section 44258.4 of the Health and Safety Code and who purchased a near-zero or zero-emission vehicle during the taxable year. +(2) “Near-zero-emission vehicle” means a vehicle that utilizes zero-emission technologies, enables technologies that provide a pathway to zero-emissions operations, or incorporates other technologies that significantly reduce criteria pollutants, toxic air contaminants, and greenhouse gas emissions, as defined by the State Air Resources Board in consultation with the State Energy Resources Conservation and Development Commission consistent with meeting the state’s mid- and long-term air quality standards and climate goals. +(3) “Zero-emission vehicle” means a vehicle that produces no emissions of criteria pollutants, toxic air contaminants, and greenhouse gases when stationary or operating, as determined by the State Air Resources Board. +(c) (1) Subject to paragraph (2), in the case where the credit allowed by this section exceeds the “net tax” the excess may be carried over to reduce the “net tax,” in the following year, and succeeding six years if necessary, until the credit is exhausted. +(2) It is the intent of the Legislature to enact legislation to provide that in the case where the credit allowed by this section exceeds the “net tax,” the excess, in lieu of the carry forward pursuant to paragraph (1), may be refunded to taxpayers, upon appropriation by the Legislature. +(d) A qualified taxpayer shall make an irrevocable election to claim the credit allowed by this section in lieu of the deduction allowed by Section 17206.3. +(e) This section shall remain in effect only until December 1, 2026, and as of that date is repealed. +SEC. 4. +Section 17072 of the Revenue and Taxation Code is amended to read: +17072. +(a) Section 62 of the Internal Revenue Code, relating to adjusted gross income defined, shall apply, except as otherwise provided. +(b) Section 62(a)(2)(D) of the Internal Revenue Code, relating to certain expenses of elementary and secondary school teachers, shall not apply. +(c) Section 62(a)(21) of the Internal Revenue Code, relating to attorneys fees relating to awards to whistleblowers, shall not apply. +(d) For taxable years beginning on or after January 1, 2017, and before January 1, 2026, Section 62(a) of the Internal Revenue Code is modified to provide that the deduction under Section 17206.3 shall be allowed in determining adjusted gross income. +SEC. 5. +Section 17206.3 is added to the Revenue and Taxation Code, to read: +17206.3. +(a) For taxable years beginning on or after January 1, 2017, and before January 1, 2026, there shall be allowed as a deduction of two thousand five hundred dollars ($2,500) to a qualified taxpayer who, during the taxable year, purchased a near-zero or zero-emission vehicle. +(b) For the purposes of this section: +(1) “Qualified taxpayer” means an individual or individuals who meet the income eligibility requirements specified by the State Air Resources Board pursuant to subparagraph (B) of paragraph (3) of subdivision (c) of Section 44258.4 of the Health and Safety Code. +(2) “Near-zero-emission vehicle” means a vehicle that utilizes zero-emission technologies, enables technologies that provide a pathway to zero-emissions operations, or incorporates other technologies that significantly reduce criteria pollutants, toxic air contaminants, and greenhouse gas emissions, as defined by the State Air Resources Board in consultation with the State Energy Resources Conservation and Development Commission consistent with meeting the state’s mid- and long-term air quality standards and climate goals. +(3) “Zero-emission vehicle” means a vehicle that produces no emissions of criteria pollutants, toxic air contaminants, and greenhouse gases when stationary or operating, as determined by the State Air Resources Board. +(c) A qualified taxpayer shall make an irrevocable election to claim the deduction allowed by this section in lieu of the credit allowed by Section 17060.3. +(d) This section shall remain in effect only until December 1, 2026, and as of that date is repealed. +SEC. 6. +(a) In accordance with Section 41 of the Revenue and Taxation Code, on or before January 1, 2018, and each January 1 thereafter until January 1, 2027, the Franchise Tax Board, in consultation with the State Board of Equalization, shall annually prepare a written report to the Legislature regarding the efficacy of Sections 6012.4, 17060.3, and 17206.3 of the Revenue and Taxation Code, as added by Sections 2, 3, and 5 of this act. +(b) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. +SECTION 1. +The Legislature finds and declares all of the following: +(a)Advanced-technology light-duty vehicles are currently more expensive than equivalent conventional models. Despite a federal tax credit and the state’s vehicle incentive, the higher initial costs for zero-emission vehicles remain a barrier for many of the state’s consumers. +(b)Some advanced-technology light-duty vehicles require new infrastructure to enable convenient and cost-effective fueling, which can be a barrier to vehicle sales. This can include fueling infrastructure in homes, workplaces, and public spaces. +(c)Market penetration is slowed due to a lack of information for consumers on the benefits and availability of vehicles and the incentives available when they are ready to purchase or lease a vehicle. +(d)While the state has taken a leadership role to develop programs to assist the deployment of plug-in electric vehicles and fuel-cell electric vehicles in disadvantaged communities, any long-term plan designed by the state needs to address new and used car sales in disadvantaged communities. +SEC. 2. +Chapter 8.8 (commencing with Section 44269) is added to Part 5 of Division 26 of the +Health and Safety Code +, to read: +8.8. +Advanced-Technology Light-Duty Vehicles +44269. +(a)On or before January 1, 2019, the state board, in coordination with the State Energy Resources Conservation and Development Commission and the Department of Transportation, shall develop and implement a comprehensive program to promote advanced-technology light-duty vehicle deployment in the state to drastically increase the use of those vehicles and to meet the goals established by the Governor and the Legislature, including, but not limited to, the ZEV Action Plan by the Governor’s Interagency Working Group on Zero-Emission Vehicles and the Charge Ahead California Initiative (Chapter 8.5 (commencing with Section 44258)). +(b)The program established pursuant to this chapter shall include all of the following: +(1)Long-term market signals. +(2)Sustainable funding mechanisms. +(3)A portfolio of approaches. +(4)Support for low-income deployment in disadvantaged communities, as identified in Section 39711. +(c)The program established pursuant to this chapter may include, but need not be limited to, any of the following: +(1)On-road incentives. +(2)Point-of-sale incentives. +(3)Consumer tax incentives. +(4)In-home and parking infrastructure incentives.","Existing +(1) +Existing +law establishes the Air Quality Improvement Program that is administered by the State Air Resources Board for the purposes of funding projects related to, among other things, reduction of criteria air pollutants and improvement of air quality. Pursuant to the Air Quality Improvement Program, the state board has established the Clean Vehicle Rebate Project to promote the production and use of zero-emission +vehicles and the Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project to provide vouchers to help California fleets to purchase hybrid and zero-emission trucks and buses. +vehicles. +The Charge Ahead California Initiative, administered by the state board, includes goals of, among other things, placing in service at least 1,000,000 zero-emission and near-zero-emission vehicles by January 1, 2023, and increasing access for disadvantaged, low-income, and moderate-income communities and consumers to zero-emission and near-zero-emission vehicles. +This bill would require, on or before January 1, 2019, the state +board, in coordination with the State Energy Resources Conservation and Development Commission and the Department of Transportation, +board +to develop and implement a comprehensive program +comprised of a portfolio of incentives +to promote +advanced-technology light-duty +zero-emission and near-zero-emission +vehicle deployment in the state to drastically increase the use of those vehicles and to meet specified goals established by the Governor and the Legislature. +(2) The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption of tangible personal property purchased from a retailer for the storage, use, or other consumption in this state measured by sales price. That law defines the terms “gross receipts” and “sales price.” +This bill, on and after January 1, 2017, would exclude from “gross receipts” and “sales price” that portion of the cost of a new or used near-zero or zero-emission vehicle purchased by a low-income purchaser, as defined, that does not exceed $40,000. +The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes generally in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. +This bill would specify that this exemption does not apply to local sales and use taxes or transactions and use taxes. +(3) The Personal Income Tax Law allows various credits against the taxes imposed by that law. +This bill would, for taxable years beginning on or after January 1, 2017, and before January 1, 2026, allow a credit under the Personal Income Tax Law in an amount equal to $2,500 to a qualified taxpayer, as defined, who purchased a near-zero or zero-emission vehicle during the taxable year. This bill would state the intent of the Legislature to enact legislation to provide that the credit amount in excess of tax liability would be refundable in those years in which an appropriation for that purpose is made by the Legislature. +The Personal Income Tax Law, in modified conformity with federal income tax laws, allows various deductions from gross income in computing adjusted gross income under that law, including deductions for payments to individual retirement accounts, alimony payments, and interest on educational loans. +This bill, for taxable years beginning on or after January 1, 2017, and before January 1, 2026, would allow a deduction of $2,500 in computing adjusted gross income to a qualified taxpayer, as defined, who purchased a near-zero or zero-emission vehicle during the taxable year, as provided. +This bill would require a qualified taxpayer to make an irrevocable election to either claim the above-described deduction or credit for the taxable year. +(4) This bill would require the Franchise Tax Board to make an annual report to the Legislature regarding the tax provisions allowed by the bill.","An act to add +Chapter 8.8 (commencing with Section 44269) to Part 5 of Division 26 of the Health and Safety Code, +Section 44258.6 to the Health and Safety Code, and to amend Section 17072 of, to add Section 6012.4 to, and to add and repeal Sections 17060.3 and 17206.3 of, the Revenue and Taxation Code, +relating to vehicular air pollution." +898,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1686 is added to the Vehicle Code, to read: +1686. +(a) In order to continue to improve the quality of products and services it provides to its customers, the department, in conformance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, may establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for driver’s license renewals pursuant to Section 12800. +(b) (1) The department may enter into contractual agreements with qualified private industry partners to provide the services authorized under subdivision (a). The following three types of private industry partnerships are authorized under this section: +(A) A first-line business partner is an industry partner that receives data directly from the department and uses it to complete an activity authorized in subdivision (a), for that partner’s own business purposes. +(B) A first-line service provider is an industry partner that receives information from the department and then transmits it to another authorized industry partner. +(C) A second-line business partner is a partner that receives information from a first-line service provider. +(2) The private industry partner contractual agreements shall include the following minimum requirements: +(A) Filing of an application and payment of an application fee, as established by the department. +(B) Submission of information, including, but not limited to, fingerprints and personal history statements, focusing on and concerning the applicant’s character, honesty, integrity, and reputation as the department may consider necessary. +(C) Posting a bond in an amount consistent with Section 1815. +(3) A private industry partner’s contractual agreements shall be met for purposes of this section if the private industry partner satisfies the contractual agreements required in Section 1685. +(4) The department, by regulation, shall establish any additional requirements for the purpose of safeguarding privacy and protecting the information authorized for release under this section. +(c) The director, through the adoption of regulations, may establish the maximum amount that a qualified private industry partner may charge its customers in providing the services authorized under subdivision (a). +(d) The department shall charge a three-dollar ($3) transaction fee for each category of information and services provided under subdivision (a). The private industry partner may pass the transaction fee to the customer, but the total charge to a customer for any category of information and services may not exceed the amount established by the director under subdivision (c). +(e) All fees collected by the department pursuant to subdivision (d) shall be deposited in the Motor Vehicle Account. On January 1 of each year, the department shall adjust the fee in accordance with the California Consumer Price Index. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar. +(f) The department shall adopt or revise regulations and procedures that ensure adequate oversight and monitoring of qualified private industry partners to protect the department’s customers from the improper use of information provided to the qualified industry partner pursuant to this section. These regulations and procedures shall include provisions for qualified private industry partners to periodically submit records to the department, and the department shall review those records as necessary. The regulations shall also include provisions for the dedication of department resources to program monitoring and oversight; the protection of confidential records in the department’s files and databases; and the duration and nature of the contracts with qualified private industry partners. +(g) Notwithstanding Section 10231.5 of the Government Code, by October 1 of each year, the department shall provide a report to the Legislature that shall include all of the following information gathered during the fiscal year immediately preceding the report date: +(1) Listing of all qualified private industry partners, including names and business addresses. +(2) Volume of transactions, by type, completed by business partners. +(3) Total amount of funds, by transaction type, collected by business partners. +(4) Total amount of funds received by the department. +(5) Description of any fraudulent activities identified by the department. +(6) Evaluation of the benefits of the program. +(7) Recommendations for any administrative or statutory changes that may be needed to improve the program. +(h) A report submitted under subdivision (g) shall be submitted pursuant to Section 9795 of the Government Code. +(i) This section does not impair or limit the authority provided in Section 12155 of the Insurance Code. +SECTION 1. +Section 1685 of the +Vehicle Code +is amended to read: +1685. +(a)In order to continue improving the quality of products and services it provides to its customers, the department, in conformance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, may establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for all of the following: +(1)Vehicle registration and titling transactions. +(2)Driver’s license renewals. +(3)Eyesight and hearing tests. +(4)Fingerprinting services. +(5)Photography services. +(b)(1)The department may enter into contractual agreements with qualified private industry partners to provide the services authorized under subdivision (a). The following three types of private industry partnerships are authorized under this section: +(A)A first-line business partner is an industry partner that receives data directly from the department and uses it to complete an activity authorized in subdivision (a), for that partner’s own business purposes. +(B)A first-line service provider is an industry partner that receives information from the department and then transmits it to another authorized industry partner. +(C)A second-line business partner is a partner that receives information from a first-line service provider. +(2)The private industry partner contractual agreements shall include the following minimum requirements: +(A)Filing of an application and payment of an application fee, as established by the department. +(B)Submission of information, including, but not limited to, fingerprints and personal history statements, focusing on and concerning the applicant’s character, honesty, integrity, and reputation as the department may consider necessary. +(C)Posting a bond in an amount consistent with Section 1815. +(3)The department, by regulation, shall establish any additional requirements for the purpose of safeguarding privacy and protecting the information authorized for release under this section. +(c)The director, through the adoption of regulations, may establish the maximum amount that a qualified private industry partner may charge its customers in providing the services authorized under subdivision (a). +(d)The department shall charge a three-dollar ($3) transaction fee for each category of information and services provided under subdivision (a). The private industry partner may pass the transaction fee to the customer, but the total charge to a customer for any category of information and services may not exceed the amount established by the director under subdivision (c). +(e)All fees collected by the department pursuant to subdivision (d) shall be deposited in the Motor Vehicle Account. On January 1 of each year, the department shall adjust the fee in accordance with the California Consumer Price Index. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar. +(f)The department shall adopt or revise regulations and procedures that ensure adequate oversight and monitoring of qualified private industry partners to protect vehicle owners and other department customers from the improper use of vehicle records or other information provided to the qualified industry partner pursuant to this section. These regulations and procedures shall include provisions for qualified private industry partners to periodically submit records to the department, and the department shall review those records as necessary. The regulations shall also include provisions for the dedication of department resources to program monitoring and oversight; the protection of confidential records in the department’s files and databases; and the duration and nature of the contracts with qualified private industry partners. +(g)Notwithstanding Section 10231.5 of the Government Code, by October 1 of each year, the department shall provide a report to the Legislature that shall include all of the following information gathered during the fiscal year immediately preceding the report date: +(1)Listing of all qualified private industry partners, including names and business addresses. +(2)Volume of transactions, by type, completed by business partners. +(3)Total amount of funds, by transaction type, collected by business partners. +(4)Total amount of funds received by the department. +(5)Description of any fraudulent activities identified by the department. +(6)Evaluation of the benefits of the program. +(7)Recommendations for any administrative or statutory changes that may be needed to improve the program. +(h)A report submitted under subdivision (g) shall be submitted pursuant to Section 9795 of the Government Code. +(i)This section does not impair or limit the authority provided in Section 4610 or Section 12155 of the Insurance Code.","Existing law authorizes the Department of Motor Vehicles, in conformance with certain provisions in existing law relating to personal services contracts with private parties, to establish contracts for electronic programs that allow qualified private industry partners to join the department to provide title and vehicle registration transactions. Existing law authorizes the department to enter into contractual agreements with 3 specified types of private industry partners for this purpose, and to charge a transaction fee for the information and services provided. +This bill would expand the services for which the department would be authorized to establish contracts with private industry partners as described above, to include +processing and payment programs for +driver’s license +renewals, eyesight and hearing tests, and fingerprinting and photography services. The bill would make other technical and conforming changes. +renewals, as specified.","An act to +amend Section 1685 of +add Section 1686 to +the Vehicle Code, relating to the Department of Motor Vehicles." +899,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 10.5 (commencing with Section 5845) is added to Division 5 of the Public Resources Code, to read: +CHAPTER 10.5. Lower American River Conservancy Program +5845. +This chapter shall be known, and may be cited, as the Lower American River Conservancy Program Act. +5845.1. +(a) The Legislature finds and declares all of the following: +(1) The Lower American River is one of California’s most important natural environments, providing recreational, environmental, and educational opportunities to more than 8,000,000 visitors each year. It also serves as a unique urban greenbelt composed of more than 5,000 acres and lying immediately next to and within two incorporated cities and the unincorporated County of Sacramento. +(2) The American River Parkway includes natural and recreational resources of statewide interest and is often referred to as “the jewel” of the Sacramento region, and it is managed as such with an intent to fulfill the vision set forth through past collaborative efforts involving advocates and stakeholders, the County of Sacramento, state agencies, and the Legislature. +(3) The American River Parkway was established by the County of Sacramento, with financial support from the state and other public and private entities. +(4) Since establishing the American River Parkway in 1959, the County of Sacramento has and will continue to update, maintain, and determine consistency with the American River Parkway Plan and to serve as the Parkway Manager to own, manage, operate, and patrol the lands and resources within the American River Parkway. +(5) The American River Parkway provides additional benefits to the state and the Sacramento region including flood control, water supply, water quality, habitat for anadromous fisheries, including salmon and steelhead, habitat for migratory waterfowl, habitat for sensitive species, including Swainson’s hawks, peregrine falcons, northern harriers, white-tailed kites, and western pond turtles, and habitat for other wildlife, including river otters. +(6) The Legislature recognized the statewide importance of the American River Parkway in enacting the Urban American River Parkway Preservation Act (Chapter 10 (commencing with Section 5840)), which culminated with the adoption of the American River Parkway Plan and the Bushy Lake Preservation Act (Chapter 9 (commencing with Section 5830)). +(7) The statewide and national importance of the Lower American River Parkway was further recognized when it was designated as part of the California Wild and Scenic Rivers System and the National Wild and Scenic Rivers System. The American River Parkway Plan acts as the management plan for the lower American River under the California Wild and Scenic Rivers Act (Chapter 1.4 (commencing with Section 5093.50)), providing management guidance and direction for state departments and agencies, as well as local governments, in carrying out their responsibilities under that act. +(8) The state has an interest in working with local agencies to expand, enhance, and restore the natural, recreational, cultural, and educational resources in and adjacent to the American River Parkway. +(9) The establishment of the Lower American River Conservancy Program will provide a state partner to work cooperatively with local agencies, particularly the County of Sacramento in its role as the Parkway Manager, and nonprofit organizations to help fund projects and provide grants to restore, enhance, interpret, protect, and improve public access to the American River Parkway’s natural, recreational, educational, and cultural resources. +(b) It is the intent of the Legislature that the Lower American River Conservancy Program be a continuation of the state’s historic role in providing funding to advance the protection and restoration of the natural resources of the Lower American River while continuing the County of Sacramento’s historic role in managing the lands and public uses of the American River Parkway. +5845.2. +For purposes of this chapter, the following definitions apply: +(a) “Adjacent to” means downstream of the Nimbus Dam and next to or in the immediate vicinity of the American River Parkway. +(b) “Advisory committee” means the advisory committee established pursuant to Section 5845.4. +(c) “American River Parkway” means those portions of the area described in the American River Parkway Plan between the Nimbus Dam and the confluence of the American River with the Sacramento River. +(d) “American River Parkway Plan” has the same meaning as in subdivision (a) of Section 5841. +(e) “Board” means the Wildlife Conservation Board established pursuant to Section 1320 of the Fish and Game Code. +(f) “Fund” means the Lower American River Conservancy Fund established pursuant to Section 5845.9. +(g) “Nonprofit organization” means a private, nonprofit organization, with nonprofit status acknowledged by the United States Internal Revenue Service, that qualifies under Section 501(c)(3) of the Internal Revenue Code, as amended, and that has among its principal charitable purposes the preservation, restoration, or interpretation of land for scientific, historic, educational, recreational, scenic, or open-space purposes, the protection of the natural environment or biological resources, or both, or the preservation or enhancement of wildlife, or both. +(h) “Parkway Manager” means the Sacramento County Board of Supervisors or its designee. +(i) “Program” means the Lower American River Conservancy Program established pursuant to Section 5845.3. +5845.3. +(a) The board shall implement and administer the Lower American River Conservancy Program, which is hereby created to receive and expend proceeds from bonds or other appropriations made in the annual Budget Act or other statutes for the benefit of the American River Parkway and related lands. +(b) In administering the program, the board shall prioritize expending moneys to develop and implement a natural resource management plan and to improve access to, and protection and restoration of, the American River Parkway. +5845.4. +(a) The board shall establish an advisory committee consisting of the following members: +(1) Three members of the Board of Supervisors of the County of Sacramento, selected by a majority vote of the board of supervisors, or their designees. +(2) Two representatives of the City of Sacramento, which may include the Mayor and one member of the City Council of the City of Sacramento, or two members of the city council, selected by a majority vote of the city council, or their designees. +(3) The Mayor or a member of the City Council of the City of Rancho Cordova, selected by a majority vote of the city council, or his or her designee. +(4) Representatives from the Natural Resources Agency, the Department of Finance, and the State Lands Commission. +(5) Three members from the public at large who have a demonstrated knowledge of and expertise in the American River Parkway and the American River Parkway Plan. One member shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly. +(b) A person shall not continue as a member of the advisory committee if that person ceases to hold the office that qualifies that person for membership. In that event, the person’s membership on the advisory committee shall automatically terminate. +(c) Members of the advisory committee shall serve without compensation. +(d) The advisory committee shall meet at least twice each calendar year at one or more locations in the County of Sacramento. +(e) Meetings of the advisory committee shall be open to the public and subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). +5845.5. +In implementing the program, the board shall do all of the following: +(a) Coordinate its activities with the County of Sacramento, each city that includes a portion of the American River Parkway, appropriate local and regional flood control districts, and relevant state agencies. +(b) Prior to approving funding for any project, do both of the following: +(1) Consult with the County of Sacramento as to whether the board’s proposed actions pursuant to this chapter are consistent with the American River Parkway Plan. +(2) Draft a staff report that includes all findings, written comments, and reports submitted by the County of Sacramento and the Parkway Manager as to whether the board’s actions are consistent with the American River Parkway Plan. +(c) Administer any moneys appropriated to the board for the program or any revenues generated by the board pursuant to the program. +(d) Provide funding and assistance to the County of Sacramento for the development, update, adoption, and implementation of a natural resource management plan for the American River Parkway, and grants to other local agencies and nonprofit organizations whose projects are approved by the County of Sacramento for implementation of that plan. +(e) Prior to providing funding for any acquisition project within the American River Parkway, require and ensure that title to the lands to be acquired shall be held by the County of Sacramento or another local public entity willing to hold title to those lands. +5845.6. +Consistent with the American River Parkway Plan, the board, in administering the program, may do any of the following: +(a) Provide grants to local public agencies and nonprofit organizations to be used for one or more of the following purposes: +(1) The acquisition, restoration, enhancement, and maintenance of fish and wildlife habitat and other natural resources, including resources impacted by wildfire, within and adjacent to the American River Parkway. Any land acquisition funded pursuant to this paragraph shall be subject to subdivision (e) of Section 5845.5. +(2) The improvement and expansion of public access, recreational areas, and recreational facilities, including trails. +(3) The enhancement of interpretive and educational facilities related to the American River Parkway and its natural, cultural, and historic resources. +(4) The control and removal of invasive species and the propagation of native species. +(b) Improve and enhance lands within and adjacent to the American River Parkway. Projects funded on adjacent lands shall contribute to the advancement of American River Parkway values. +(c) Design, implement, and provide grants to local agencies and nonprofit organizations for stormwater capture and treatment projects to improve the quality of water that flows within and into the American River Parkway and to increase habitat for fish and wildlife. Stormwater projects may include lands within and adjacent to the American River Parkway and its tributaries downstream of the Nimbus Dam and within Sacramento County. +(d) Solicit grants, donations of in-kind services, and other contributions from federal, state, and private sources for the purposes of this chapter. +5845.7. +In administering the program, the board shall not do any of the following: +(a) Fund or implement projects on lands without the written consent of the landowner. +(b) Manage, regulate, or control the use of any land owned or leased by another public agency or private party, except as provided pursuant to a written agreement between that public agency or private party. +(c) Levy any tax or special assessment. +(d) Provide grants or take other actions that are inconsistent with the American River Parkway Plan, the Bushy Lake Preservation Act (Chapter 9 (commencing with Section 5830) of Division 5), or the Urban American River Parkway Preservation Act (Chapter 10 (commencing with Section 5840) of Division 5). +(e) Own or acquire land. +5845.8. +To the extent feasible, in administering the program, the board shall give preference to projects that utilize the services of the California Conservation Corps or Community Conservation Corps, as defined in Section 14507.5. +5845.9. +(a) The Lower American River Conservancy Program Fund is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation, for the purposes of this chapter. Moneys received by the board pursuant to this chapter shall be deposited in the fund, unless otherwise provided by the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code). The board shall administer the moneys appropriated to it for the program and may expend those moneys for capital improvements, land acquisition, support for the program’s operations, and other purposes consistent with this chapter. +(b) (1) The board may accept money, grants, goods, or services contributed to it by a public agency or a private entity or person. Moneys received pursuant to this paragraph shall be deposited in the Donation Account, which is hereby established in the fund. +(2) Notwithstanding Section 13340 of the Government Code, moneys in the account are hereby continuously appropriated, without regard to fiscal year, to the board for the purposes of this chapter. +(3) Upon receipt of goods and services pursuant to paragraph (1), the board may use those goods and services for the purposes of this chapter. +5845.10. +This chapter does not supersede or diminish the existing authority of any of the following: +(a) The County of Sacramento or any other entity responsible for the management, operation, maintenance, or protection of lands and resources within the American River Parkway. +(b) The Sacramento County Board of Supervisors acting as the Parkway Manager pursuant to its authority to interpret and implement the American River Parkway Plan. +(c) The board pursuant to other law.","The Urban American River Parkway Preservation Act adopts the American River Parkway Plan to provide coordination among governmental agencies in the protection and management of the natural land, water, native wildlife, and vegetation of the American River Parkway and requires actions of state and local agencies with regard to land use decisions be consistent with the plan, as provided. Existing law establishes the Wildlife Conservation Board within the Department of Fish and Wildlife and requires the board to investigate, study, and determine areas in the state that are most suitable for certain wildlife-related purposes. +This bill would require the board to implement and administer the Lower American River Conservancy Program to receive and expend moneys for the benefit of the Lower American River and related lands by, among other things, providing grants to local public agencies and nonprofit organizations for projects benefiting the Lower American River. The bill would require the board to establish an advisory committee, as specified. The bill would establish the Lower American River Conservancy Program Fund in the State Treasury and would make moneys in the fund available, upon appropriation by the Legislature, for purposes of the program. The bill would authorize the board to accept moneys, grants, goods or services contributed to it by public agencies, or private entities or persons and would require those moneys be deposited in the Donation Account, which the bill would establish in the fund. The bill would continuously appropriate the moneys in the account to the board for purposes of the program, thereby making an appropriation. The bill would authorize the board to use goods and services contributed by public agencies or private entities or persons.","An act to add Chapter 10.5 (commencing with Section 5845) to Division 5 of the Public Resources Code, relating to the Lower American River, and making an appropriation therefor." +900,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 368 of the Penal Code is amended to read: +368. +(a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf. +(b) (1) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years. +(2) If, in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in the state prison as follows: +(A) Three years if the victim is under 70 years of age. +(B) Five years if the victim is 70 years of age or older. +(3) If, in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows: +(A) Five years if the victim is under 70 years of age. +(B) Seven years if the victim is 70 years of age or older. +(c) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. +(d) Any person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows: +(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). +(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). +(e) Any caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows: +(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment +pursuant to subdivision (h) of Section 1170 +in the state prison +for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). +(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). +(f) Any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. +(g) As used in this section, “elder” means any person who is 65 years of age or older. +(h) As used in this section, “dependent adult” means any person who is between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes any person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. +(i) As used in this section, “caretaker” means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult. +(j) Nothing in this section shall preclude prosecution under both this section and Section 187 or 12022.7 or any other provision of law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for any single offense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for any single offense. +(k) In any case in which a person is convicted of violating these provisions, the court may require him or her to receive appropriate counseling as a condition of probation. Any defendant ordered to be placed in a counseling program shall be responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay. +(l) Upon conviction for a violation of subdivision (b), (c), (d), (e), or (f), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation.","Existing law makes it a crime for +a person who is not a caretaker +any person +to violate specified laws proscribing theft, embezzlement, +forgery, +fraud, or identity theft with respect to the property or identifying information of an elder or dependent +adult, knowing that he or she is an elder or dependent +adult. Existing law makes a violation of +that provision +those provisions +punishable as a misdemeanor or a felony in county jail, as prescribed, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding $950. +This bill would instead make a violation of +that provision +those provisions +punishable as a misdemeanor in county jail or as a felony in state prison, as prescribed.","An act to amend Section 368 of the Penal Code, relating to elder abuse." +901,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) To remain economically competitive, California will need to produce 11,900,000 degrees and credentials by 2025, but the state is only estimated to produce 9,500,000, which would create a degree and credential attainment gap of 2,400,000 by 2025. +(2) California’s community colleges have strong transfer preparation and career technical education missions and are well positioned to close this impending gap. +(3) Overall, only 32 percent of students at California colleges complete credentials on time, and low-income students are much less likely than higher income students to enroll in or complete college. +(4) A major factor in a student’s enrollment and success in college is his or her ability to pay for fees and tuition, textbooks, transportation, housing, food, and other access costs. +(5) California has made an important investment in need-based financial aid for California’s college students through the Cal Grant Program and the BOG Fee Waiver Program of the Board of Governors of the California Community Colleges. +(6) The Cal Grant Program awards more than two billion dollars ($2,000,000,000) annually, and it is the largest state grant program in the nation in terms of dollars awarded to students. The BOG Fee Waiver Program is more extensive than any other “free community college” plan in the nation, and it provides almost one-half of all students of the California Community Colleges, and more than 60 percent of full-time students of the California Community Colleges, with free tuition. +(7) Despite California’s strong commitment to financial aid, access grants for qualifying students are insufficient to cover nontuition college costs, and many low-income students are left out of the program entirely. +(8) Students at California’s community colleges are disproportionately more likely to be the first in their family to attend college, come from an immigrant background, or be financially needy. +(9) After taking into account the total cost of attendance and all federal, state, and institutional financial aid available for students, on average it is more expensive for a needy student to go to a California community college than to attend the University of California or the California State University. +(10) The affordability challenge faced by California’s community college students stems from nontuition costs, and the solution to that challenge is to increase grant aid that covers nontuition costs. +(11) The 1960 California Master Plan for Higher Education in California guarantees an affordable, high-quality education to every Californian who can benefit. +(b) It is the intent of the Legislature to renew California’s commitment to college affordability by increasing the aid available to needy students, and, specifically, broadening access to financial aid to students enrolled in California community +college career technical education programs leading to industry valued credentials, through expanding the Cal Grant Program. +colleges. +(c) It is the intent of the Legislature that California community colleges provide outreach and education to students to inform them of the expanded availability of financial aid +for students enrolled in career technical education programs +and to encourage +these +students to complete the Free Application for Federal Student Aid by the September 2 deadline. +SEC. 2. +Section 69437 of the Education Code is amended to read: +69437. +(a) Commencing with the 2001–02 academic year, and each academic year thereafter, there shall be established the Competitive Cal Grant A and B award program for students who did not receive a Cal Grant A or B entitlement award pursuant to Article 2 (commencing with Section 69434), Article 3 (commencing with Section 69435), or Article 4 (commencing with Section 69436). Awards made under this section are not entitlements. The submission of an application by a student under this section shall not entitle that student to an award. The selection of students under this article shall be determined pursuant to subdivision (c) and other relevant criteria established by the commission. +(b) Commencing with the 2016–17 academic year, a total of up to 34,000 Cal Grant A and B awards shall be granted annually under this article on a competitive basis for applicants who meet the general eligibility criteria established in Article 1 (commencing with Section 69430) and the priorities established by the commission pursuant to subdivision (c). +(1) Fifteen thousand of the awards referenced in this subdivision are available to all students, including California community college students, who meet the financial need and academic requirements established pursuant to this article. A student enrolling at a qualifying baccalaureate degree granting institution shall apply by the March 2 deadline. A California community college student is eligible to apply at the March 2 or the September 2 deadline. +(2) Nineteen thousand of the awards referenced in this subdivision are reserved for students who will be enrolled at a California community college. The commission shall establish a second application deadline of September 2 for community college students to apply for these awards. +Notwithstanding paragraph (1) of subdivision (a) of Section 69435, effective with the fall term or semester of the 2017–18 academic year, students enrolled in occupational or technical training courses leading to industry valued credentials of no less than four months in length at a California community college shall be eligible for Cal Grant B awards issued under this paragraph. +(3) If any awards are not distributed pursuant to paragraphs (1) and (2) upon initial allocation of the awards under this article, the commission shall make awards to as many eligible students as possible, beginning with the students with the lowest expected family contribution and highest academic merit, consistent with the criteria adopted by the commission pursuant to subdivision (c), as practicable without exceeding an annual cumulative total of 34,000 awards. +(c) (1) On or before February 1, 2001, acting pursuant to a public hearing process that is consistent with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), the commission shall establish selection criteria for Cal Grant A and B awards under the competitive program that give special consideration to disadvantaged students, taking into consideration those financial, educational, cultural, language, home, community, environmental, and other conditions that hamper a student’s access to, and ability to persist in, postsecondary education programs. +(2) Additional consideration shall be given to both of the following: +(A) Students pursuing Cal Grant B awards who reestablish their grade point averages. +(B) Students who did not receive awards pursuant to Article 2 (commencing with Section 69434), Article 3 (commencing with Section 69435), or Article 4 (commencing with Section 69436). +(d) All other students who meet the eligibility requirements pursuant to Article 1 (commencing with Section 69430) are eligible to compete for an award pursuant to this article. +SEC. 3. +Section 69439 of the +Education Code +is amended to read: +69439. +(a)For the purposes of this section, the following terms have the following meanings: +(1)“Career pathway” has the same meaning as set forth in Section 88620. +(2)“Economic security” has the same meaning as set forth in Section 14005 of the Unemployment Insurance Code. +(3)“Industry cluster” has the same meaning as set forth in Section 88620. +(4)“Long-term unemployed” means, with respect to an award applicant, a person who has been unemployed for more than 26 weeks at the time of submission to the commission of his or her application. +(5)“Occupational or technical training” means that phase of education coming after the completion of a secondary school program and leading toward recognized occupational goals approved by the commission. +(b)A Cal Grant C award shall be utilized only for occupational or technical training in a course of not less than four months. There shall be the same number of Cal Grant C awards each year as were paid in the 2015–16 fiscal year. The maximum award amount and the total amount of funding shall be determined each year in the annual Budget Act. +(c)The commission may use criteria it deems appropriate in selecting students to receive grants for occupational or technical training and shall give special consideration to the social and economic situations of the students applying for these grants, giving additional weight to disadvantaged applicants, applicants who face economic hardship, and applicants who face particular barriers to employment. Criteria to be considered for these purposes shall include, but are not limited to, all of the following: +(1)Family income and household size. +(2)Student’s or the students’ parent’s household status, including whether the student is a single parent or child of a single parent. +(3)The employment status of the applicant and whether the applicant is unemployed, giving greater weight to the long-term unemployed. +(d)The Cal Grant C award recipients shall be eligible for renewal of their grants until they have completed their occupational or technical training in conformance with terms prescribed by the commission. A determination by the commission for a subsequent award year that the program under which a Cal Grant C award was initially awarded is no longer deemed to receive priority shall not affect an award recipient’s renewal. In no case shall the grants exceed two calendar years. +(e)Cal Grant C awards may be used for institutional fees, charges, and other costs, including tuition, plus training-related costs, such as special clothing, local transportation, required tools, equipment, supplies, books, and living expenses. In determining the individual award amounts, the commission shall take into account the financial means available to the student to fund his or her course of study and costs of attendance as well as other state and federal programs available to the applicant. +(f)(1)To ensure alignment with the state’s dynamic economic needs, the commission, in consultation with appropriate state and federal agencies, including the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, shall identify areas of occupational and technical training for which students may utilize Cal Grant C awards. The commission, to the extent feasible, shall also consult with representatives of the state’s leading competitive and emerging industry clusters, workforce professionals, and career technical educators, to determine which occupational training programs and industry clusters should be prioritized. +(2)(A)Except as provided in subparagraph (B), the areas of occupational and technical training developed pursuant to paragraph (1) shall be regularly reviewed and updated at least every five years, beginning in 2012. +(B)By January 1, 2016, the commission shall update the priority areas of occupational and technical training. +(3)(A)The commission shall give priority in granting Cal Grant C awards to students pursuing occupational or technical training in areas that meet two of the following criteria pertaining to job quality: +(i)High employer need or demand for the specific skills offered in the program. +(ii)High employment growth in the occupational field or industry cluster for which the student is being trained. +(iii)High employment salary and wage projections for workers employed in the occupations for which they are being trained. +(iv)The occupation or training program is part of a well-articulated career pathway to a job providing economic security. +(B)To receive priority pursuant to subparagraph (A), at least one of the criteria met shall be specified in clause (iii) or (iv) of that subparagraph. +(g)The commission shall determine areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f) in consultation with the Employment Development Department, the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges, and the California Workforce Investment Board using projections available through the Labor Market Information Data Library. The commission may supplement the analyses of the Employment Development Department’s Labor Market Information Data Library with the labor market analyses developed by the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, as well as the projections of occupational shortages and skills gap developed by industry leaders. The commission shall publish, and retain, on its Internet Web site a current list of the areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f), and update this list as necessary. +(h)Using the best available data, the commission shall examine the graduation rates and job placement data, or salary data, of eligible programs. Commencing with the 2014–15 academic year, the commission shall give priority to Cal Grant C award applicants seeking to enroll in programs that rate high in graduation rates and job placement data, or salary data. +(i)(1)The commission shall consult with the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to publicize the existence of the grant award program to California’s long-term unemployed to be used by those consulting agencies when they come in contact with members of the population who are likely to be experiencing long-term unemployment. The outreach plan shall use existing administrative and service delivery processes making use of existing points of contact with the long-term unemployed. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220). +(2)The commission shall consult with the Workforce Services Branch of the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to make students receiving awards aware of job search and placement services available through the Employment Development Department and the local workforce investment boards. Outreach shall use existing administrative and service delivery processes making use of existing points of contact with the students. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220). +(j)(1)Notwithstanding Section 10231.5 of the Government Code, the Legislative Analyst’s Office shall submit a report to the Legislature on the outcomes of the Cal Grant C program on or before April 1, 2015, and on or before April 1 of each odd-numbered year thereafter. This report shall include, but not necessarily be limited to, information on all of the following: +(A)The age, gender, and segment of attendance for recipients in two prior award years. +(B)The occupational and technical training program categories prioritized. +(C)The number and percentage of students who received selection priority as defined in paragraph (3) of subdivision (f). +(D)The extent to which recipients in these award years were successfully placed in jobs that meet local, regional, or state workforce needs. +(2)For the report due on or before April 1, 2015, the Legislative Analyst’s Office shall include data for two additional prior award years and shall compare the mix of occupational and technical training programs and institutions in which Cal Grant C award recipients enrolled before and after implementation of subdivision (f). +(3)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.","(1) The Cal Grant Program establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions, as defined. +This bill would express the intent of the Legislature to renew California’s commitment to college affordability by increasing the aid available to needy students, and, specifically, broadening access to financial aid to students enrolled in California community +college career technical education programs leading to industry valued credentials, through expanding the Cal Grant Program. +colleges. +(2) Under existing law, no more than a total of 25,750 Competitive Cal Grant A and B awards may be granted annually. +This bill, commencing with the 2016–17 academic year, would raise that limit to 34,000. +The bill would, effective with the fall term or semester of the 2017–18 academic year, make students enrolled in occupational or technical training courses leading to industry valued credentials of no less than 4 months in length at a California community college eligible for Cal Grant B awards under an existing allocation reserved for community college students, notwithstanding an existing requirement that limits Cal Grant B awards to for-credit instructional programs that are not less than one academic year in length. +(3)Existing law requires a Cal Grant C award to be utilized only for occupational or technical training in a course of not less than 4 months. Existing law requires that there be the same number of Cal Grant C awards each year as were made in the 2000–01 fiscal year. +This bill instead would require that there be the same number of Cal Grant C awards each year as were paid in the 2015–16 fiscal year.","An act to amend +Sections 69437 and 69439 +Section 69437 +of the Education Code, relating to student financial aid." +902,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the Identity Theft Resolution Act. +SEC. 2. +Section 1785.16.2 of the Civil Code is amended to read: +1785.16.2. +(a) No creditor may sell a consumer debt to a debt collector, as defined in 15 U.S.C. Sec. 1692a, if the consumer is a victim of identity theft, as defined in Section 1798.2, and with respect to that debt, the creditor has received notice pursuant to subdivision (k) of Section 1785.16 or paragraph (2) of subdivision (g) of Section 1788.18. +(b) Subdivision (a) does not apply to a creditor’s sale of a debt to a subsidiary or affiliate of the creditor, if, with respect to that debt, the subsidiary or affiliate does not take any action to collect the debt. +(c) For the purposes of this section, the requirement in 15 U.S.C. Sec. 1692a, that a person must use an instrumentality of interstate commerce or the mails in the collection of any debt to be considered a debt collector, does not apply. +SEC. 3. +Section 1788.18 of the Civil Code is amended to read: +1788.18. +(a) Upon receipt from a debtor of all of the following, a debt collector shall cease collection activities until completion of the review provided in subdivision (d): +(1) A copy of a police report filed by the debtor alleging that the debtor is the victim of an identity theft crime, including, but not limited to, a violation of Section 530.5 of the Penal Code, for the specific debt being collected by the debt collector. +(2) The debtor’s written statement that the debtor claims to be the victim of identity theft with respect to the specific debt being collected by the debt collector. +(b) The written statement described in paragraph (2) of subdivision (a) shall consist of any of the following: +(1) A Federal Trade Commission’s Affidavit of Identity Theft. +(2) A written statement that contains the content of the Identity Theft Victim’s Fraudulent Account Information Request offered to the public by the California Office of Privacy Protection. +(3) A written statement that certifies that the representations are true, correct, and contain no material omissions of fact to the best knowledge and belief of the person submitting the certification. A person submitting the certification who declares as true any material matter pursuant to this subdivision that he or she knows to be false is guilty of a misdemeanor. The statement shall contain or be accompanied by the following, to the extent that an item listed below is relevant to the debtor’s allegation of identity theft with respect to the debt in question: +(A) A statement that the debtor is a victim of identity theft. +(B) A copy of the debtor’s driver’s license or identification card, as issued by the state. +(C) Any other identification document that supports the statement of identity theft. +(D) Specific facts supporting the claim of identity theft, if available. +(E) Any explanation showing that the debtor did not incur the debt. +(F) Any available correspondence disputing the debt after transaction information has been provided to the debtor. +(G) Documentation of the residence of the debtor at the time of the alleged debt. This may include copies of bills and statements, such as utility bills, tax statements, or other statements from businesses sent to the debtor, showing that the debtor lived at another residence at the time the debt was incurred. +(H) A telephone number for contacting the debtor concerning any additional information or questions, or direction that further communications to the debtor be in writing only, with the mailing address specified in the statement. +(I) To the extent the debtor has information concerning who may have incurred the debt, the identification of any person whom the debtor believes is responsible. +(J) An express statement that the debtor did not authorize the use of the debtor’s name or personal information for incurring the debt. +(K) The certification required pursuant to this paragraph shall be sufficient if it is in substantially the following form: +“I certify the representations made are true, correct, and +contain no material omissions of fact. +_____ (Date and Place) _____ _____ (Signature) _____ ” +(c) If a debtor notifies a debt collector orally that he or she is a victim of identity theft, the debt collector shall notify the debtor, orally or in writing, that the debtor’s claim must be in writing. If a debtor notifies a debt collector in writing that he or she is a victim of identity theft, but omits information required pursuant to subdivision (a) or, if applicable, the certification required pursuant to paragraph (3) of subdivision (b), if the debt collector does not cease collection activities, the debt collector shall provide written notice to the debtor of the additional information that is required, or the certification required pursuant to paragraph (3) of subdivision (b), as applicable, or send the debtor a copy of the Federal Trade Commission’s Affidavit of Identity Theft form. +(d) Within 10 business days of receiving the complete statement and information described in subdivision (a), the debt collector shall, if it furnished adverse information about the debtor to a consumer credit reporting agency, notify the consumer credit reporting agency that the account is disputed, and initiate a review considering all of the information provided by the debtor and other information available to the debt collector in its file or from the creditor. The debt collector shall send notice of its determination to the debtor no later than 10 business days after concluding the review. The debt collector may recommence debt collection activities only upon making a good faith determination that the information does not establish that the debtor is not responsible for the specific debt in question. The debt collector’s determination shall be made in a manner consistent with the provisions of subsection (1) of Section 1692 of Title 15 of the United States Code, as incorporated by Section 1788.17 of this code. The debt collector shall notify the debtor in writing of that determination and the basis for that determination before proceeding with any further collection activities. The debt collector’s determination shall be based on all of the information provided by the debtor and other information available to the debt collector in its file or from the creditor. +(e) No inference or presumption that the debt is valid or invalid, or that the debtor is liable or not liable for the debt, shall arise if the debt collector decides after the review described in subdivision (d) to cease or recommence the debt collection activities. The exercise or nonexercise of rights under this section is not a waiver of any other right or defense of the debtor or debt collector. +(f) The statement and supporting documents that comply with subdivision (a) may also satisfy, to the extent those documents meet the requirements of, the notice requirement of paragraph (5) of subdivision (c) of Section 1798.93. +(g) A debt collector who ceases collection activities under this section and does not recommence those collection activities shall do all of the following: +(1) If the debt collector has furnished adverse information to a consumer credit reporting agency, notify the agency to delete that information no later than 10 business days after making its determination. +(2) Notify the creditor no later than 10 business days after making its determination that debt collection activities have been terminated based upon the debtor’s claim of identity theft. +(h) A debt collector who has possession of documents that the debtor is entitled to request from a creditor pursuant to Section 530.8 of the Penal Code is authorized to provide those documents to the debtor. +(i) Notwithstanding subdivision (h) of Section 1788.2, for the purposes of this section, “debtor” means a natural person, firm, association, organization, partnership, business trust, company, corporation, or limited liability company from which a debt collector seeks to collect a debt that is due and owing or alleged to be due and owing from the person or entity. The remedies provided by this title shall apply equally to violations of this section.","Existing law requires a debt collector that receives a copy of a police report filed by the debtor alleging that the debtor is the victim of an identity theft crime and a written statement in which the debtor claims to be the victim of identity theft to cease collection activities until completion of a review. Existing law requires the debt collector to review and consider all of the information provided by the debtor and other available information and authorizes the debt collector to recommence debt collection activities only upon making a good faith determination that the information does not establish that the debtor is not responsible for the specific debt in question. +This bill, the Identity Theft Resolution Act, would require the debt collector, upon receipt of the police report and written statement described above, if it furnished adverse information about the debtor to a consumer credit reporting agency, to notify the consumer credit reporting agency that the account is disputed, and initiate a review, as specified, within 10 business days. The bill would require the debt collector to send notice of its determination to the debtor no later than 10 business days after concluding the review. The bill would require a debt collector that does not recommence collection activities under these provisions to notify the creditor, no later than 10 business days after making its determination, and if it furnished adverse information to a consumer credit reporting agency, to notify the agency to delete that information no later than 10 business days after making its determination. The bill would also prohibit a creditor from selling a consumer debt to a debt collector if the creditor has received notice that the debt collector has terminated debt collection activities, as described above.","An act to amend Sections 1785.16.2 and 1788.18 of the Civil Code, relating to debt collection." +903,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares the following: +(1) +A new form of work has proliferated in which individuals work by the job through an electronic platform, such as the Internet or telephone. These individuals are hired through these hosting platforms to perform short-term work, usually of a day or less, for multiple customers. +(2) +These individuals are not treated by the hosting platforms as employees and do not receive the benefit of state labor protection laws such as minimum wage, unemployment insurance, and workers’ compensation. The platforms treat these individuals as independent contractors and even though they perform work for multiple clients, usually individual people, the individuals securing work through a hosting platform are normally prohibited from negotiating the terms of their services. Instead, the hosting platforms dictate the terms and take a considerable portion of the amount paid for services, even though the hosting platforms purport that they provide only a means of connecting workers with clients. +(3) +These are circumstances that inevitably lead to exploitation. The people who secure work through the hosting platforms may in fact be employees, but establishing their true status often requires lengthy and expensive litigation during the pendency of which they continue to have no protection. +(b) +The Legislature therefore finds and declares that the bargaining power between the hosting platforms and the people seeking work through them must be better balanced and creates in this act a process for these workers to get together and negotiate with the hosting platforms for the improvements they desire. +(c) The Legislature further finds and declares that, through these negotiations, these workers will be able to improve their conditions, including their income, to the benefit of the economy of this state and reduce pressure on public resources. +SECTION 1. +SEC. 2. +Chapter 4.8 (commencing with Section 1080) is added to Part 3 of Division 2 of the Labor Code, to read: +CHAPTER 4.8. Hosting Platforms +1080. +As used in this chapter: +(a) “Group activity” means to self-organize, to negotiate as a group with one or more hosting platforms, or to engage together in other activities for the purpose of group negotiations or other mutual aid or protection, which activity includes, but is not limited, to the following: +(1) Communicating with each other and with hosting platforms, customers, and the public through any medium, including, but not limited to, social media and other electronic modes of communication. +(2) Withholding or restricting the amount of work done through a hosting platform at any time and for any duration. This paragraph does not apply to an independent contractor who performs “supportive services,” as defined in Section 12300.1 of the Welfare and Institutions Code. +(3) Boycotting or critiquing a hosting platform’s business practices. +(4) Reporting to law enforcement authorities or making public practices of a hosting platform which an independent contractor reasonably believes violate local, state, or federal law and adversely affect either workers or clients, or both. +(b) “Hosting platform” is a facility for connecting people or entities seeking to hire people for work with people seeking to perform that work, using any medium of facilitation, including, but not limited to, a dispatch service, an Internet Web site, or other Internet-based site. “Hosting platform” does not include a service provider if that entity provides only listings of goods or services that are contracted directly between buyers and sellers without the involvement of the provider and receives no income related to the price of the transaction. +1081. +(a) An independent contractor who is not treated by a hosting platform as an employee and who does not employ his or her own employees shall have the right to engage in group activity with respect to one or more hosting platforms. +(b) Work by an independent contractor, including the use of equipment or goods supplied as part of the work performed by the independent contractor, is labor within the meaning of Section 16703 of the Business and Professions Code and group activity by independent contractors shall not be subject to any statutory or common law prohibition or limitation on combinations in restraint of trade, including, but not limited to, Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code. +(c) Group activity is a “labor dispute” within the meaning of Section 527.3 of the Code of Civil Procedure and Section 1138.1, provided that a court may issue injunctive relief to remedy violations of this chapter pursuant to +Sections ____ and ____. +subdivisions (e) and (g). +(d) (1) A hosting platform shall meet at reasonable times and negotiate in good faith about allowed subjects for negotiation with any group of independent contractors constituting at least 10 of the independent contractors using the platform on an average of at least once per week. As used in this paragraph, “allowed subjects for negotiation” are pricing, division of revenue, priority for assignments or listings, advertising by independent contractors on the hosting platform, insurance, acceptance and termination of independent contractor participation on the hosting platform, acceptance or refusal of services by independent contractors or customers, and responsibility for nonpayment by customers. +(2) An individual or organization that represents independent contractors in negotiations with a hosting platform regarding the allowed subjects of negotiation pursuant to this section shall not be funded directly or indirectly by a hosting platform. +(3) Participation in the group shall be evidenced by an electronic communication from an independent contractor using the same address the independent contractor uses to communicate with the hosting platform, or a physical document signed by the independent contractor, sent to either the hosting platform or to one or more other members of the group accepting participation in the group and agreeing to be bound contractually by the outcome of any negotiations between the group and the hosting platform. An independent contractor shall not be bound by the outcome of any negotiations between a group and a hosting platform unless the independent contractor has given that authorization. +(4) At the request of the group, a written contract for independent contractor services, entered into on or after the date of the conclusion of negotiations conducted in accordance with paragraph (1), between the hosting platform and a member of that group, shall incorporate any agreement reached in those negotiations. +(e) The State Mediation and Conciliation Service shall facilitate the performance of the obligation of a hosting platform under subdivision (d). The State Mediation and Conciliation Service shall provide meeting space for negotiations unless the hosting platform and the group make other arrangements that are mutually agreeable. The State Mediation and Conciliation Service shall provide mediation services at the request of either the hosting platform or the group. The State Mediation and Conciliation Service shall investigate any complaint by a group claiming a violation of subdivision (d), and, if it finds that there is probable cause to believe a violation has occurred, bring an action in the Superior Court of the State of California for the City and County of San Francisco for injunctive and other appropriate equitable relief to remedy the violation. The court shall award reasonable attorney’s fees and costs to the State Mediation and Conciliation Service if it prevails in any enforcement action. +(f) A person shall not terminate, discriminate against, or otherwise penalize or retaliate against any independent contractor for exercising any rights established in this chapter or for making a complaint, participating in any enforcement proceedings under this chapter, using any civil remedies to enforce his or her rights, or otherwise asserting his or her rights under this chapter or demonstrating his or her support for the policies of this chapter. A person terminating or taking any other adverse action against any independent contractor who has engaged in any of the foregoing activities within one year preceding the termination or other adverse action shall provide to the independent contractor at or before the time of the termination or other adverse action a detailed written statement of the reason or reasons for the termination or other adverse action, including all the facts substantiating the reason or reasons and all facts known to the person that contradict the substantiating facts. +(g) An independent contractor or a representative of one or more independent contractors claiming a violation of this chapter may bring an action in superior court and shall be entitled to all remedies available under the law or in equity appropriate to remedy that violation, including, but not limited to, injunctive relief or other equitable relief, including reinstatement to participation in a hosting platform and compensatory damages. For a willful violation of subdivision (d), the amount of damages attributable to lost income due to the violation shall be trebled. +1082. +(a) The exercise of any rights established by this chapter shall not be admissible as evidence that a person is an independent contractor in any judicial or administrative proceeding. +(b) Nothing in this chapter is intended to impact the determination of whether any worker is an employee or independent contractor or to impact any pending litigation. +1082. +1083. +The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law relating to employment governs the grant of restraining orders or injunctive relief in labor disputes, as defined. +This bill would establish for eligible groups of independent contractors the right to organize and negotiate with hosting platforms, and would declare the activity of such a group to be a labor dispute for purposes of injunctive relief. The bill would require a hosting platform to meet and negotiate with a group on specified subjects. The bill would define terms for those purposes. +The bill would require that, at the request of the group, a written contract for independent contractor services, entered into on or after the date of the conclusion of negotiations conducted in accordance with the bill, by the hosting platform and a member of that group, incorporate any agreement reached in those negotiations. +The bill would require the State Mediation and Conciliation Service to facilitate negotiations, provide mediation services, and investigate any complaint by a group claiming a violation of the negotiation requirement. The bill would require the service, if it finds that there is probable cause to believe a violation has occurred, to bring an action in a specified superior court for injunctive and other appropriate equitable relief to remedy the violation. +The bill would prohibit a person from penalizing or retaliating against an independent contractor for taking specified actions within the scope of the bill. +The bill would authorize an independent contractor or a representative of independent contractors claiming a violation under this bill to bring an action in superior court for prescribed remedies, and would provide for treble damages with regard to lost income for a willful violation. +The exercise of any rights established by the bill would not be admissible as evidence that a person is an independent contractor in any judicial or administrative proceeding. +The bill would make its provisions severable.","An act to add Chapter 4.8 (commencing with Section 1080) to Part 3 of Division 2 of the Labor Code, relating to employment." +904,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California has the eighth largest economy in the world, and its laws have a far-reaching impact on individuals, entities, and organizations within the state and throughout the world. +(b) Because of its extraordinary economic impact and leadership on timely issues, California’s statutory framework and legal structures have a national and global impact. +(c) Rapid technological and societal advances require the development of public policy in new and evolving areas. +(d) State government officials must make informed policy decisions about issues that have increasingly complex and interrelated legal components. +(e) California is home to some of the world’s most prestigious universities and law schools. +(f) California is currently facing one of the largest surpluses of recent law school graduates in the nation, and the unique education and training of these skilled graduates could greatly assist the state government in its work. +(g) Only approximately 5 percent of attorneys nationwide work for state governments, meaning that the nation’s state governments derive insufficient benefit from those attorneys’ legal training and expertise. +(h) Approximately 36 percent of attorneys working for the State of California are 55 years of age or older; therefore, California must encourage attorneys to enter public service to fill vacancies as those attorneys retire. +(i) The establishment of a law fellowship program in California will enable the state to capitalize on the experience of its law school graduates for the betterment of its government. +SEC. 2. +Chapter 1.5 (commencing with Section 8050) is added to Division 1 of Title 2 of the Government Code, to read: +CHAPTER 1.5. California Law Fellowship Program +8050. +(a) The California Law Fellowship Program is hereby established. +(b) The purpose of the program is to offer licensed attorneys and other qualifying law school graduates limited-term placements in public sector positions within state government. +(c) The program shall provide each California Law Fellow with the opportunity to work in the public sector and shall encourage each participant to seek permanent public-sector employment at the conclusion of the fellowship. +(d) The Legislature requests that The University of the Pacific McGeorge School of Law, in consultation with California law schools accredited by the American Bar Association, and with any other appropriate person or entity, do all of the following with respect to the California Law Fellowship Program: +(1) Create the program to provide law graduates a post-graduate educational experience and provide the Legislature and other governmental entities with legal assistance and advice. +(2) House and administer the program, including managing funding and processing applications. +(3) Give preference to applicants who are either of the following: +(A) Current members of the United States military. +(B) Former members of the United States military who were honorably discharged. +(e) A California Law Fellow’s placement with a state agency shall be contingent on that agency’s acceptance of the fellow, according to criteria adopted by the participating state agency for purposes of the program. +(f) (1) It is the intent of the Legislature that participation in the program by an attorney or other qualifying law school graduate, by a state agency, or by a public official within a state agency shall not constitute a gift of public money or thing of value for purposes of Section 6 of Article XVI of the California Constitution, a gift for purposes of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)), or a gift, bequest, or favor for purposes of the Code of Judicial Ethics adopted pursuant to subdivision (m) of Section 18 of Article VI of the California Constitution. +(2) To the extent feasible, the program shall be designed and administered to accomplish the Legislature’s intent as specified in this subdivision. +(g) State funds shall not be used to administer the program. +(h) For purposes of this section: +(1) “California Law Fellow” means a participant in the program. +(2) “Program” means the California Law Fellowship Program. +(3) “Qualifying law school graduate” means a recipient of a law degree from a law school accredited by the American Bar Association. +8924.7. +(a) The Legislature finds and declares that the California Law Fellowship Program, established pursuant to Chapter 1.5 (commencing with Section 8050) of Division 1, establishes a formal fellowship program that provides substantial public benefits to the Legislature as a participating state agency. +(b) The services of a participant in the California Law Fellowship Program California Law Fellow , whose placement with the Legislature is accepted duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules, as appropriate, are not compensation, a reward, or a gift to a Member of the Legislature for purposes of paragraph (4) of subdivision (b) of Section 8920. +(c) A participant in the California Law Fellowship Program California Law Fellow , whose placement with the Legislature is accepted duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules, as appropriate, is not an employee of either house of the Legislature for purposes of this article. +(d) For purposes of this section, a California Law Fellow is “duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules” only if both of the following requirements are satisfied: +(1) The California Law Fellow has been selected according to criteria, and pursuant to a process, approved by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules. +(2) The program has executed an agreement with the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules whereby the California Law Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules. +SECTION 1. +Section 8169 of the +Government Code +is amended to read: +8169. +(a)The director may lease the real property owned by the state within the core area, and not under the jurisdiction of any other state agency, for purposes consistent with the Capitol Area Plan and the management thereof, for the term and upon terms and conditions that the director deems to be appropriate. A lease shall provide that any property subsequently leased by a joint powers authority for which a lease or rental for a period of five years or more is contemplated, shall be advertised and awarded utilizing for the purpose the same procedure followed by the director for other state properties. The director’s authority to lease real property under this section shall include, but not be limited to, the authority to lease portions of buildings and facilities occupied or to be occupied in part by state agencies, to private parties, and other public agencies for office, residential, parking, and commercial uses consistent with the Capitol Area Plan. +(b)(1)The director may sell real property that is owned by the state within the Capitol Area Plan area that is not under the jurisdiction of any other state agency and that is designated for residential and commercial purposes in the 1997 update of the plan. If the director sells property under this section, that property shall be sold at its fair market value to the joint powers authority created pursuant to Section 8169.4 for resale and use in the development of residential and commercial properties consistent with the Capitol Area Plan. In addition, any property sold under this section shall not diminish the number of existing dwelling units or subsequently developed units that are required to be made available to low-income households pursuant to Section 8193. For the purposes of Section 8193, an existing residential dwelling unit or a subsequently developed unit located on land sold pursuant to this section shall continue to be included in the determination of the total number of dwelling units located on property leased by the joint powers authority created pursuant to Section 8169.4. +(2)The director shall not sell any existing residential properties pursuant to this subdivision that are under the management of the joint powers authority created pursuant to Section 8169.4 unless that sale is part of an overall development plan that will lead to a net increase in residential units on the affected site or sites. +(3)In addition, the director shall not sell any existing residential properties pursuant to this subdivision that are under the management of the joint powers authority created pursuant to Section 8169.4 unless a deed restriction is recorded against the properties that contains an express condition and covenant that the real property conveyed shall be used only for residential purposes for a period of at least 45 years. “Residential purposes” means the same or substantially similar multifamily, single-family, or condominium use, or a mixed use, with the same or greater number of residential units on the affected site. The terms of the restriction are for the benefit of the public at large and for the benefit of all parcels of land located within the boundaries of the Capitol Area Plan. The residential use required by this subdivision shall bind all successive owners of the property for a period of 45 years from the date the property is conveyed by the joint powers authority. +(c)With respect to residential leases, the director’s authority included in this section shall not extend beyond the Capitol area. The director shall ensure that tenants residing within the Capitol area are not involuntarily displaced as a result of leases executed after January 1, 1978. The director’s authority shall also include the authority to enter into long-term leases not to exceed 60 years and to pledge, subordinate, hypothecate, or to permit the assignment of these leases in connection with financing to be obtained by any lessee or sublessee. +(d)The director shall not execute a sales agreement or lease agreement for a term lease of more than five years between the state and another entity, enter into a joint powers agreement, or issue revenue bonds or notes of evidences of indebtedness offered by the joint powers authority, if the agreement concerns state-owned property in the County of Sacramento or the County of Yolo, unless not less than 30 days prior to its execution he or she notifies and provides an economic analysis of the proposed sale to the Members of the Legislature who represent the Capitol area and the chairman of the committee in each house of the Legislature that considers appropriations, the chairman of the appropriate policy committee in each house, and the Chairman of the Joint Legislative Budget Committee, or his or her designee, in writing of his or her intention to execute such an agreement. The chairman of the committee or his or her designee may determine a lesser notification period prior to execution. The director shall provide a copy of the notice to any person who requests the director in writing for the notice. +(e)The Legislature hereby finds that it will be of broad public benefit to stimulate development of residential and commercial components of the Capitol Area Plan. Therefore, the director may sell property to the joint powers authority created pursuant to Section 8169.4 at a price that is determined to be its fair market value and terms that have been determined to be appropriate to stimulate timely development to meet the goals set forth by the Legislature in the 1997 update of the Capitol Area Plan. The Capitol Area Development Authority may request these sales after providing the director with appropriate economic analysis in support of the value at which property is to be conveyed. The director may approve the sale of the property if he or she concurs with the economic analysis. +(f)The Legislature hereby finds that it will be of broad public benefit to lease some residential units in the Capitol area to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, for less than prevailing market rental rates. Therefore, the director may rent or provide for the rental of residential facilities to persons and families of low or moderate income for less than market rental rates and enter into long-term ground leases at nominal or below market rental rates when the director deems it will benefit these persons and families. +(g)All leases of state-owned property in the core area to any private person for other than parking shall be subject to possessory interest taxes in accordance with Chapter 1 (commencing with Section 101) of Part 1 of Division 1 of the Revenue and Taxation Code. +(h)The net proceeds of any moneys received from the disposition of any state parcels sold pursuant to subdivision (b) shall be deposited into the General Fund. The department shall be reimbursed for any cost or expense incurred in the disposition of any parcels.","Existing law authorizes certain internship and fellowship programs in state government. +This bill would establish the California Law Fellowship Program for the purpose of offering licensed attorneys and other qualifying law school graduates limited-term placements in public sector positions within state government as California Law Fellows, and encouraging each participant fellow to seek permanent public-sector employment at the conclusion of his or her fellowship, as specified. +Existing law, commonly known as the Code of Ethics, prohibits a Member of the Legislature or an employee of either house of the Legislature from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance, or other matter related to the legislative process, except for specified circumstances. +This bill would provide that the services of a participant in the California Law Fellowship Program Fellow are not compensation, a reward, or a gift to a Member of the Legislature for purposes of the so-called Code of Ethics. The bill would also provide that a participant in the program is not an employee of either house of the Legislature for purposes of the Code of Ethics. +Existing law designates the Capitol Area Plan approved by the Director of General Services as the official state master plan for development in the City of Sacramento’s central city area. Existing law requires the plan to be used as a guide for the location of state buildings and other facilities in the metropolitan area. Existing law governs the lease or sale of real property covered by the plan that is owned by the state and not under the jurisdiction of any other state agency. +This bill would make nonsubstantive changes to those lease and sale provisions.","An act to +amend Section 8169 of +add Section 8924.7 to, and to add Chapter 1.5 (commencing with Section 8050) to Division 1 of Title 2 of, +the Government Code, relating to state +property. +government." +905,"The people of the State of California do enact as follows: + + +SECTION 1. +Part 54.7 (commencing with Section 88900) is added to Division 7 of Title 3 of the Education Code, to read: +PART 54.7. California College Promise Innovation Grant Program +88900. +This part shall be known, and may be cited, as the California College Promise Innovation Grant Program. +88901. +(a) The California College Promise Innovation Grant Program is hereby established, to be administered by the chancellor’s office. The chancellor’s office shall distribute grants, upon appropriation by the Legislature, to the governing boards of community college districts pursuant to applications that satisfy the requirements of this part. +(b) For purposes of this part, “chancellor’s office” means the Office of the Chancellor of the California Community Colleges. +88902. +The goals of the California College Promise Innovation Grant Program awards are to support community college districts in establishing or expanding regional California College Promise programs in partnership with school districts and public postsecondary universities in California to accomplish all of the following: +(a) Increase the number and percentage of high school students within the region who are prepared for and attend college directly from high school. +(b) Increase the percentage of high school graduates within the region who are placed in college-level math and English at a public postsecondary university in California. +(c) Increase the percentage of students from the region who earn associate degrees or career technical education certificates. +(d) Increase the percentage of students from the region who successfully transfer from a community college to a public postsecondary university in California. +(e) Increase the percentage of students from the region who graduate with a bachelor’s degree. +(f) Reduce and eliminate achievement gaps for students from groups that are underrepresented in postsecondary education, such as underrepresented minority students, low-income students, students who are current or former foster youth, students with disabilities, and students who are veterans. +(g) Leverage existing sources of local and state funding to better align efforts to improve student success. +88903. +(a) In order to receive a grant, the governing board of a community college district shall demonstrate in its application for funding that the community college will partner with one or more school districts and one or more California State University or University of California campuses, if appropriate, to establish or expand a California College Promise program that includes all of the following practices and principles: +(1) Partnering with one or more school districts to establish an Early Commitment to College Program that is consistent with the intent of Article 6.3 (commencing with Section 54710) of Chapter 9 of Part 29 of Division 4 of Title 2 to provide K–12 students and families assistance that includes, but is not limited to, learning about college opportunities, visiting campuses, taking and completing college preparatory courses, and applying for college and financial aid. +(2) Partnering with one or more school districts to support and improve high school student preparation for college and reduce postsecondary remediation through practices that may include, but are not limited to, small learning communities, concurrent enrollment, and other evidence-based practices. +(3) Utilizing evidence-based placement and student assessment indicators at the community college district that include multiple measures of student performance, including grades in high school courses, overall grade point averages, results from common assessments, and input from counselors. +(4) Providing students who are enrolled at the community college district with access to courses, including, but not limited to, priority registration, and allowing them to register for a full academic year of courses at once, in order to keep them on track to graduate, transfer to a public postsecondary university, or earn a career technical education certificate in California. +(5) Providing outreach to students who are enrolled at a community college within the community college district regarding the Associate Degrees for Transfer and the California Community College Transfer Entitlement Cal Grant program. +(b) (1) The chancellor’s office in its application criteria shall encourage the governing board of a community college district applying to receive a California College Promise Innovation Grant Program award to identify local public and private sources of funding to develop sustainable California College Promise programs within the community college district. +(2) The chancellor’s office in its application criteria shall encourage the governing board of a community college district applying to receive a California College Promise Innovation Grant Program award to leverage new or existing sources of local and state funding to better align efforts to improve student success. +(c) The chancellor’s office shall post on its Internet Web site, for ease of access, all applications that receive funding under the grant program, and shall encourage each community college district that does not receive a grant to identify local public and private sources of funding to develop sustainable California College Promise programs within the district. +(d) (1) The chancellor’s office shall be responsible for developing application criteria, administrative guidelines, and other requirements for purposes of administering the grant program. +(2) An application that demonstrates one or both of the following shall receive first priority: +(A) Identifies local public and private sources of funding to develop sustainable California College Promise programs within the community college district. +(B) Leverages new or existing sources of local and state funding to better align efforts to improve student success. +(3) An application that demonstrates one or more of the following shall receive secondary priority: +(A) Develops partnerships pursuant to paragraph (2) of subdivision (a) with school districts located predominantly within the community college district’s residential boundaries. +(B) Provides services to a greater proportion of students. +(C) Develops at least one partnership with a California State University campus with the goal of guaranteeing admission and seamless transfer to the California State University campus for the district’s students who have successfully completed transfer requirements. +88904. +(a) The Legislature encourages school districts, the University of California, the California State University, the Student Aid Commission, independent colleges and universities, local and regional government agencies, and nonprofit, business, or other community organizations to provide support services as needed in coordination with community college districts for purposes of this part. +(b) The Legislature further encourages the chancellor’s office to coordinate implementation of this part with other funded college readiness and pathways programs. +88905. +The governing board of a community college district that receives a grant is encouraged to enter into a memorandum of understanding with a partnering school district or public postsecondary university to coordinate the programs and activities proposed in the district’s application in order to meet the goals of this part. +88906. +This part shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.","Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. The board appoints a chief executive officer known as the Chancellor of the California Community Colleges. Under existing law, community college districts are authorized, among other things, to maintain and operate campuses, employ faculty and other employees, and provide instruction to students. +This bill would establish the California College Promise Innovation Grant Program, under the administration of the Office of the Chancellor of the California Community Colleges, which would require the chancellor’s office to distribute grants, upon appropriation by the Legislature, to the governing boards of community college districts, who meet certain requirements, to support the establishment of regional programs with the goals of increasing college preparation, college access, and college success. These provisions would be repealed on January 1, 2021.","An act to add and repeal Part 54.7 (commencing with Section 88900) of Division 7 of Title 3 of the Education Code, relating to community colleges." +906,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares each of the following: +(a) There is a compelling need for additional resources to be applied at the local level for the purpose of ensuring public safety. +(b) The Los Angeles Times stated on November 10, 2015, that “A Times review found that property crime has increased in nine of California’s 10 largest cities so far this year compared with the same period last year. Violent crime was up in all 10.” +(c) The state’s criminal justice realignment and Proposition 47 of 2014, the “Safe Neighborhoods and Schools Act,” have also placed new burdens on local law enforcement. +(d) Rising crime rates, coupled with a growing state population, and rising inflation have placed significant pressure on local law enforcement budgets. Funding for local law enforcement programs has not kept pace with statewide growth in population or inflation. What was once funding of $489.9 million has increased to $549.1 million. However, based on increases in the State Appropriations Limit since fiscal year 2006–07, funding should be 28.82 percent higher, or $631.1 million, which is $85 million above current levels. This funding should be proportionally available to all communities and should be distributed consistent with the current percentage distribution schedule established by the Department of Finance for the Citizens’ Option for Public Safety (COPS) program. +(e) Many California communities are plagued by gang violence, drug addiction, and violence associated with drug use and drug trafficking. +(f) A letter dated December 21, 2015, from the United States Department of Justice stated that, for the foreseeable future, the department would be halting equitable funding payments to state, local, and tribal law enforcement partners. For California law enforcement agencies this will result in approximately $85 million in lost revenue. +(g) Accordingly, it is the intent of the Legislature to establish a new program to provide additional funding for front-line law enforcement services, particularly those focused on drug interdiction, antigang enforcement, and other local law enforcement and crime prevention-related activities. +SEC. 2. +Chapter 6.8 (commencing with Section 30066) is added to Division 3 of Title 3 of the Government Code, to read: +CHAPTER 6.8. Budget Allocation for Drug and Gang Enforcement +30066. +(a) In addition to any moneys provided pursuant to Chapter 6.7, in any fiscal year in which a county receives moneys to be expended for the implementation of this chapter, the county auditor shall allocate the moneys received pursuant to this chapter and deposited in the county’s Supplemental Law Enforcement Services Account (SLESA) within 30 days of the deposit of those moneys into the fund. +(b) The moneys described in subdivision (a) shall be allocated to the county and the cities within the county, and, in the case of San Mateo, Kern, Siskiyou, and Contra Costa Counties, also to the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District, in accordance with the relative population of the cities within the county and the unincorporated area of the county, and the Broadmoor Police Protection District in the County of San Mateo, the Bear Valley Community Services District and the Stallion Springs Community Services District in the County of Kern, the Lake Shastina Community Services District in the County of Siskiyou, and the Kensington Police Protection and Community Services District in County of Contra Costa, consistent with the percentage table developed by the Department of Finance pursuant to paragraph (3) of subdivision (b) of Section 30061. For a newly incorporated city whose population estimate is not published by the Department of Finance, but that was incorporated prior to July 1 of the fiscal year in which an allocation from the SLESA is to be made, the city manager, or an appointee of the legislative body if a city manager is not available, and the county administrative or executive officer shall prepare a joint notification to the Department of Finance and the county auditor with a population estimate reduction of the unincorporated area of the county equal to the population of the newly incorporated city by July 15, or within 15 days after the Budget Act is enacted, of the fiscal year in which an allocation from the SLESA is to be made. No person residing within the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, or the Kensington Police Protection and Community Services District shall also be counted as residing within the unincorporated area of the County of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city located within those counties. Moneys allocated to the county pursuant to this subdivision shall be retained in the county SLESA, and moneys allocated to a city pursuant to this subdivision shall be deposited an SLESA established in the city treasury. +(c) Funds received pursuant to subdivision (a) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. +30067. +(a) Moneys allocated from a Supplemental Law Enforcement Services Account (SLESA) to a recipient entity pursuant to this chapter shall be expended exclusively to provide front-line law enforcement services. Those moneys shall not be used by a local agency to supplant other funding for Public Safety Services, as defined in Section 36 of Article XIII of the California Constitution. +(b) Funding received pursuant to this chapter may be used for any of the following: +(1) Drug interdiction programs. +(2) Acquisition, maintenance, and training related to the use of body-worn cameras. +(3) Costs, including personnel costs, related to peace officer training, including training relating to the instruction in the handling of persons with developmental disabilities or mental illness, or both. +(4) Other front-line law enforcement services. +(c) In no event shall any moneys allocated from the county’s SLESA pursuant to this chapter be expended by a recipient agency to fund administrative overhead costs in excess of 0.5 percent of a recipient entity’s SLESA allocation pursuant to this chapter for that year. +(d) For the purposes of this chapter, “front-line law enforcement services” includes antigang, community crime prevention, and juvenile justice programs. +SEC. 3. +The sum of eighty-five million dollars ($85,000,000) is hereby appropriated from the General Fund in the State Treasury for allocation by the State Controller to the counties for the purposes specified in Chapter 6.8 (commencing with Section 30066) of Division 3 of Title 3 of the Government Code. The Controller shall allocate those moneys among each Supplemental Law Enforcement Services Account (SLESA) established by each county and city and county pursuant to Section 30063 of the Government Code, consistent with the percentage schedule developed by the Department of Finance pursuant to paragraph (3) of subdivision (b) of Section 30061.","Existing law establishes in each county treasury a Supplemental Law Enforcement Services Account (SLESA) and requires the county auditor to allocate moneys in the SLESA in a prescribed manner to counties and cities located within the county for the purpose of funding specified public safety programs. +This bill would appropriate $85,000,000 from the General Fund in the State Treasury to be allocated by the State Controller to each city’s and city and county’s SLESA. The bill would require the county auditor for a county to allocate moneys received from that appropriation to the county, each city within the county, and certain special districts, as specified. The bill would authorize a local agency that receives funds from that allocation to use the funds for front-line law enforcement activities, including drug interdiction, antigang, community crime prevention, and juvenile justice programs. The bill would make related legislative findings and declarations.","An act to add Chapter 6.8 (commencing with Section 30066) to Division 3 of Title 3 of the Government Code, relating to public safety, and making an appropriation therefor." +907,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature to increase the college graduation rates of low-income Californians and to reduce the incidence of economic hardship and hunger among low-income college students. +SEC. 2. +Section 66025.93 is added to the Education Code, immediately following Section 66025.92, to read: +66025.93. +(a) Each public or private postsecondary educational institution that is located in a county that participates in the Restaurant Meals Program established pursuant to Section 2020 of Title 7 of the United States Code shall do all of the following: +(1) Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facility on campus. +(2) Annually provide all on-campus food vendors not operated by the institution with information regarding the Restaurant Meals Program and the manner in which to apply. +(3) If an on-campus food vendor has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by the State Department of Social Services. +(b) This section does not require an institution to create, operate, or maintain an EBT system on behalf of on-campus food vendors. +(c) An approved food vendor participating in the Restaurant Meals Program pursuant to this section, and a county in which the program is operated, shall meet the requirements of the Restaurant Meals Program. +SEC. 3. +Section 18904.3 of the Welfare and Institutions Code is amended to read: +18904.3. +(a) If a private nonprofit organization, public postsecondary educational institution, or other state or local agency secures funds for CalFresh outreach activities that are allowable for partial federal reimbursement, and complies with contracting requirements established in state and federal law, the department shall, subject to approval of the state’s outreach plan by the United States Department of Agriculture, act as the state entity for receipt of federal reimbursement on behalf of the organization, institution, or agency. +(b) Any reduction in federal funding to the state that is due to the result of any audit of CalFresh outreach contracts or activities shall be applied to the appropriate local government that served as the contracting agency for CalFresh outreach activities. +SEC. 4. +Section 18995 of the Welfare and Institutions Code is amended to read: +18995. +(a) On and after January 1, 2012, the State Department of Social Services shall establish and administer the State Emergency Food Assistance Program (SEFAP). The SEFAP shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households. +(b) (1) The State Emergency Food Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions. +(2) Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply: +(A) All moneys received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the SEFAP fund’s annual budget. +(B) Notwithstanding subparagraph (A), funds received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP as described in subparagraph (A), and shall, in part, be used to pay for the department’s administrative costs associated with the administration of the SEFAP. +(c) (1) The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code. +(2) Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria: +(A) The primary function of the food bank is the distribution of food to low-income households. +(B) The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students. +SEC. 4.5. +Section 18995 of the Welfare and Institutions Code is amended to read: +18995. +(a) On and after January 1, 2017, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the “CalFood Program.” The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households. +(b) (1) The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions. +(2) Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply: +(A) All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program fund’s annual budget. +(B) Notwithstanding subparagraph (A), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in subparagraph (A), and shall, in part, be used to pay for the department’s administrative costs associated with the administration of the CalFood Program. +(c) (1) The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code. +(2) Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria: +(A) The primary function of the food bank is the distribution of food to low-income households. +(B) The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students. +SEC. 5. +Section 4.5 of this bill incorporates amendments to Section 18995 of the Welfare and Institutions Code proposed by both this bill and AB 1577. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 18995 of the Welfare and Institutions Code, and (3) this bill is enacted after AB 1577, in which case Section 4 of this bill shall not become operative. +SEC. 6. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing state law authorizes a county to deliver CalFresh benefits through the use of an electronic benefits transfer (EBT) system. Existing federal law authorizes counties to participate in the Restaurant Meals Program. +This bill would require each public and private postsecondary educational institution that is located in a county that participates in the Restaurant Meals Program to apply to become an approved food vendor for the program, if the institution operates any qualifying food facilities on campus, or to provide contracting food vendors with specified information about the program. By imposing these requirements on community colleges, this bill would impose a state-mandated local program. +(2) Existing law requires the State Department of Social Services, if private nonprofit organizations are successful in raising money for CalFresh outreach activities and have secured a local governmental agency to serve as the contracting agency, upon request and subject to approval by the United States Department of Agriculture, to act as their state entity for the receipt of matching funds. +This bill would additionally require the department to act as the state entity for the receipt of federal reimbursement for CalFresh outreach activities on behalf of state educational institutions or other state or local agencies, subject to certain conditions. +(3) Existing law requires the State Department of Social Services to establish and administer the State Emergency Food Assistance Program, to provide food and funding for the provision of emergency food to food banks, as provided. Existing law creates the State Emergency Food Assistance Program Account within the Emergency Food Assistance Program Fund and requires that moneys in the account, upon appropriation by the Legislature, be used by the program for the purchase, storage, and transportation of food grown or produced in California and for the department’s administrative costs. +This bill would establish the Public Higher Education Pantry Assistance Program Account in the Emergency Food Assistance Program Fund, and would require that moneys in the account, upon appropriation by the Legislature, be allocated to the department for allocation to food banks that support on-campus pantry and hunger relief efforts serving low-income students, as specified. +(4) This bill would incorporate changes to Section 18995 of the Welfare and Institutions Code proposed by both this bill and AB 1577, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last. +(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 66025.93 to the Education Code, and to amend Sections 18904.3 and 18995 of the Welfare and Institutions Code, relating to food assistance." +908,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4119.8 is added to the Business and Professions Code, to read: +4119.8. +(a) Notwithstanding any other law, a pharmacy may furnish naloxone hydrochloride or another opioid antagonist to a school district, county office of education, or charter school pursuant to Section 49414.3 of the Education Code if all of the following are met: +(1) The naloxone hydrochloride or another opioid antagonist is furnished exclusively for use at a school district schoolsite, county office of education schoolsite, or charter school. +(2) A physician and surgeon provides a written order that specifies the quantity of naloxone hydrochloride or another opioid antagonist to be furnished. +(b) Records regarding the acquisition and disposition of naloxone hydrochloride or another opioid antagonist furnished pursuant to subdivision (a) shall be maintained by the school district, county office of education, or charter school for a period of three years from the date the records were created. The school district, county office of education, or charter school shall be responsible for monitoring the supply of naloxone hydrochloride or another opioid antagonist and ensuring the destruction of expired naloxone hydrochloride or another opioid antagonist. +SEC. 2. +Section 49414.3 is added to the Education Code, to read: +49414.3. +(a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose. +(b) For purposes of this section, the following terms have the following meanings: +(1) “Authorizing physician and surgeon” may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director. +(2) “Auto-injector” means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the federal Food and Drug Administration for layperson use. +(3) “Opioid antagonist” means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose. +(4) “Qualified supervisor of health” may include, but is not limited to, a school nurse. +(5) “Volunteer” or “trained personnel” means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d). +(c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision. +(d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on his or her offer to volunteer, and there shall be no retaliation against any individual for rescinding his or her offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteer’s regular working hours. +(2) An employee who volunteers pursuant to this section may rescind his or her offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training. +(e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others. +(2) Training established pursuant to this subdivision shall include all of the following: +(A) Techniques for recognizing symptoms of an opioid overdose. +(B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist. +(C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupil’s parent or guardian. +(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation. +(E) Written materials covering the information required under this subdivision. +(3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department. +(4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2). +(5) The department shall include on its Internet Web site a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils. +(f) Any school district, county office of education, or charter school electing to utilize naloxone hydrochloride or another opioid antagonist for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information: +(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose. +(2) A description of the training that the volunteer will receive pursuant to subdivision (d). +(3) The right of an employee to rescind his or her offer to volunteer pursuant to this section. +(4) A statement that no benefit will be granted to or withheld from any individual based on his or her offer to volunteer and that there will be no retaliation against any individual for rescinding his or her offer to volunteer, including after receiving training. +(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school electing to utilize naloxone hydrochloride or another opioid antagonist for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used. +(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1). +(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers. +(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. +(h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date. +(2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector. +(3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with. +(i) A school district, county office of education, or charter school electing to utilize naloxone hydrochloride or another opioid antagonist for emergency aid shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file. +(j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for his or her acts or omissions in administering the naloxone hydrochloride or another opioid antagonist. +(2) The protection specified in paragraph (1) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist. +(3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care “for compensation,” notwithstanding the fact that he or she is a paid public employee. +(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out the provisions of this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler.","(1) Existing law authorizes a pharmacy to furnish epinephrine auto-injectors to a school district, county office of education, or charter school if certain conditions are met. Existing law requires the school district, county office of education, or charter school to maintain records regarding the acquisition and disposition of epinephrine auto-injectors furnished by the pharmacy for a period of 3 years from the date the records were created. +This bill would authorize a pharmacy to furnish naloxone hydrochloride or another opioid antagonist to a school district, county office of education, or charter school if certain conditions are met. The bill would require the school district, county office of education, or charter school to maintain records regarding the acquisition and disposition of naloxone hydrochloride or another opioid antagonist furnished by the pharmacy for a period of 3 years from the date the records were created. +(2) Under existing law, the governing board of a school district is required to give diligent care to the health and physical development of pupils and may employ properly certified persons for that work. Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses or trained volunteer personnel and authorizes school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction, as provided. +This bill would authorize a school district, county office of education, or charter school to provide emergency naloxone hydrochloride or another opioid antagonist to school nurses and trained personnel who have volunteered, as specified, and authorizes school nurses and trained personnel to use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose. The bill would expressly authorize each public and private elementary and secondary school in the state to voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school and to designate one or more school personnel to receive prescribed training regarding naloxone hydrochloride or another opioid antagonist from individuals in specified positions. +The bill would require the Superintendent of Public Instruction to establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist, to review these standards every 5 years or sooner as specified, and to consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment in developing and reviewing those standards. The bill would require the State Department of Education to include on its Internet Web site a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils. +The bill would require a school district, county office of education, or charter school choosing to exercise the authority to provide emergency naloxone hydrochloride or another opioid antagonist to provide the training for the volunteers at no cost to the volunteers and during the volunteers’ regular working hours. The bill would require a qualified supervisor of health or administrator at a school district, county office of education, or charter school electing to utilize naloxone hydrochloride or another opioid antagonist for emergency medical aid to obtain the prescription for naloxone hydrochloride or another opioid antagonist from an authorizing physician and surgeon, as defined, and would authorize the prescription to be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers. +The bill would authorize school nurses or, if the school does not have a school nurse, a person who has received training regarding naloxone hydrochloride or another opioid antagonist to immediately administer naloxone hydrochloride or another opioid antagonist under certain circumstances. The bill would provide that volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector, as specified. +The bill would prohibit an authorizing physician and surgeon from being subject to professional review, being liable in a civil action, or being subject to criminal prosecution for any act in the issuing of a prescription or order, pursuant to these provisions, unless the act constitutes gross negligence or willful or malicious conduct. The bill would prohibit a person trained under these provisions who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose from being subject to professional review, being liable in a civil action, or being subject to criminal prosecution for this administration.","An act to add Section 4119.8 to the Business and Professions Code, and to add Section 49414.3 to the Education Code, relating to pupils." +909,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 21080.06 is added to the +Public Resources Code +, to read: +21080.06. +(a)This division does not apply to a project that is determined by the City of Porterville as the best option based on a feasibility study conducted by the city seeking long-term solutions to the lack of water in East Porterville. The project may be one of the following: +(1)The construction of a series of satellite water treatment facilities located adjacent to existing water distribution line. +(2)The construction of an advanced water recycling treatment facility located either adjacent to the city’s existing wastewater treatment facility or at a preferred location, as determined by the results of the city’s feasibility study. +(3)Upgrades to the city’s existing wastewater treatment facility to allow for tertiary treatment of the city’s wastewater. +(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SECTION 1. +Section 21168.11 is added to the Public Resources Code, to read: +21168.11. +(a) For the purposes of this section, the following definitions apply: +(1) “Lead agency” means the City of Porterville. +(2) “Water treatment project” or “project” means a project that is determined by the City of Porterville as the best option based on a feasibility study conducted by the city seeking long-term solutions to the lack of water in East Porterville. The project may be one of the following: +(A) The construction of a series of satellite water treatment facilities in the City of Porterville that are located adjacent to existing water distribution lines. +(B) The construction of an advanced water recycling treatment facility in the City of Porterville that is located either adjacent to the city’s existing wastewater treatment facility or at a preferred location, as determined by the results of the city’s feasibility study. +(C) Upgrades to the City of Porterville’s existing wastewater treatment facility to allow for tertiary treatment of the city’s wastewater. +(b) (1) The draft and final environmental impact report for the project shall include a notice in not less than 12-point type stating the following: + + +THIS EIR IS SUBJECT TO SECTION 21168.11 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION 21168.11 OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.11 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR. + + +(2) The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section. +(3) Within 10 days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that report. +(4) Within 10 days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report. +(5) (A) Within five days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation. The lead agency shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 days after the close of the public comment period. +(B) A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated. +(C) The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years experience in land use and environmental law or science, or mediation. +(D) A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute. +(E) The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this subparagraph shall not raise the issue addressed by that measure as a basis for an action or proceeding challenging the lead agency’s decision to certify the environmental impact report or to grant one or more initial project approvals. +(6) The lead agency need not consider written comments submitted after the close of the public comment period, unless those comments address any of the following: +(A) New issues raised in the response to comments by the lead agency. +(B) New information released by the public agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents. +(C) Changes made to the project after the close of the public comment period. +(D) Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting and monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, where the lead agency releases those documents subsequent to the release of the draft environmental impact report. +(E) New information that was not reasonably known and could not have been reasonably known during the public comment period. +(7) The lead agency shall file the notice required by subdivision (a) of Section 21152 within five days after the last initial project approval. +(c) (1) The lead agency shall prepare and certify the record of the proceedings in accordance with this subdivision and in accordance with Rule 3.1365 of the California Rules of Court. +(2) No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to or relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared or received by the lead agency. +(3) Notwithstanding paragraph (2), documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index must specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review. +(4) The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any such comment available to the public in a readily accessible electronic format within five days of its receipt. +(5) Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format. +(6) The lead agency shall indicate in the record of the proceedings comments received that were not considered by the lead agency pursuant to paragraph (6) of subdivision (b) and need not include the content of the comments as a part of the record. +(7) Within five days after the filing of the notice required by subdivision (a) of Section 21152, the lead agency shall certify the record of the proceedings for the approval or determination and shall provide an electronic copy of the record to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy. +(8) Within 10 days after being served with a complaint or a petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court. +(9) Any dispute over the content of the record of the proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record shall file a motion to augment the record at the time it files its initial brief. +(10) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unprecedented drought conditions that have resulted in more than 600 homes in the City of Porterville without a functioning domestic water well. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +To ensure the expeditious construction of recycled water treatment facilities and directly related pipelines to mitigate drought conditions for which the Governor has declared a state of emergency, it is necessary for this measure to take effect immediately.","Existing law, the California Environmental Quality Act, requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. The act also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. +The act exempts from its requirements projects consisting of the construction or expansion of recycled water pipeline and directly related infrastructure within existing rights of way, and directly related groundwater replenishment, if the project does not affect wetlands or sensitive habitat, and where the construction impacts are fully mitigated, and undertaken for the purpose of mitigating drought conditions for which a state of emergency was proclaimed by the Governor on a certain date. The act provides that this exemption remains operative until the state of emergency has expired or until January 1, 2017, whichever occurs first. +This bill, until January 1, 2021, would exempt from the act’s requirements a water treatment project determined by the City of Porterville as the best option based on a certain feasibility study, as provided. +This bill would require the lead agency, in certifying the environmental impact report and in granting approvals for a certain water treatment project determined by the City of Porterville based on a certain feasibility study, as specified, to comply with specified procedures, including the concurrent preparation of the record of proceedings and the certification of the record of proceedings within 5 days of the filing of a specified notice. +This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Porterville. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to add +and repeal Section 21080.06 of +Section 21168.11 to +the Public Resources Code, relating to environmental quality, and declaring the urgency thereof, to take effect immediately." +910,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2079.13 of the Civil Code is amended to read: +2079.13. +As used in Sections 2079.7, and 2079.14 to 2079.24, inclusive, the following terms have the following meanings: +(a) “Agent” means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. +(b) “Associate licensee” means a person who is licensed as a real estate broker or salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code and who is either licensed under a broker or has entered into a written contract with a broker to act as the broker’s agent in connection with acts requiring a real estate license and to function under the broker’s supervision in the capacity of an associate licensee. +The agent in the real property transaction bears responsibility for his or her associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions. +(c) “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes vendee or lessee. +(d) “Commercial real property” means all real property in the state, except single-family residential real property, dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, mobilehomes, as defined in Section 798.3, or recreational vehicles, as defined in Section 799.29. +(e) “Dual agent” means an agent acting, either directly or through an associate licensee, as agent for both the seller and the buyer in a real property transaction. +(f) “Listing agreement” means a contract between an owner of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer. +(g) “Listing agent” means a person who has obtained a listing of real property to act as an agent for compensation. +(h) “Listing price” is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the listing agent. +(i) “Offering price” is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. +(j) “Offer to purchase” means a written contract executed by a buyer acting through a selling agent that becomes the contract for the sale of the real property upon acceptance by the seller. +(k) “Real property” means any estate specified by subdivision (1) or (2) of Section 761 in property that constitutes or is improved with one to four dwelling units, any commercial real property, any leasehold in these types of property exceeding one year’s duration, and mobilehomes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. +(l) “Real property transaction” means a transaction for the sale of real property in which an agent is employed by one or more of the principals to act in that transaction, and includes a listing or an offer to purchase. +(m) “Sell,” “sale,” or “sold” refers to a transaction for the transfer of real property from the seller to the buyer, and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year’s duration. +(n) “Seller” means the transferor in a real property transaction, and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. “Seller” includes both a vendor and a lessor. +(o) “Selling agent” means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property, or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller. +(p) “Subagent” means a person to whom an agent delegates agency powers as provided in Article 5 (commencing with Section 2349) of Chapter 1 of Title 9. However, “subagent” does not include an associate licensee who is acting under the supervision of an agent in a real property transaction.","Existing law defines various terms for the purposes of some, but not all, provisions relating to the duty owed to the prospective purchaser in transactions of commercial and residential real estate, including, but not limited to, the terms “agent,” “buyer,” “real property,” “sell,” “sale,” “sold,” and “seller.” +This bill would specify that those definitions also apply to a provision relating to the duty to inform the prospective purchaser of specified property of common environmental hazards.","An act to amend Section 2079.13 of the Civil Code, relating to real property transactions." +911,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) It is the intent of the Legislature to clarify that pawnbrokers and other secondhand dealers are to report their acquisition of tangible personal property received in pledge, trade, consignment, or auction or by purchase using plain text, in descriptive language historically used in the pawn and secondhand industries when reporting to the single, statewide, and uniform electronic reporting system operated by the Department of Justice, or if not yet implemented in their respective jurisdictions, on paper forms sent to the local police chief or sheriff of the jurisdiction in which the secondhand dealer is physically located. +(b) It is further the intent of the Legislature that by specifying this manner of reporting, it will relieve all secondhand dealers and pawnbrokers of the inherent costs and burdens imposed under existing law that requires these businesses to report their daily acquisitions of secondhand tangible personal property on paper forms limited to a single transaction, or where the electronic reporting system is implemented, the cost associated with converting industry standard descriptions to specific law enforcement categories, the ongoing costs of training to that standard, and the costs of implementing software to maintain that standard. +(c) Further, it is the intent of the Legislature that the Department of Justice shall continue to accept the plain text descriptive language historically used in the pawn and secondhand industries and may provide article field descriptors to secondhand dealers in order to facilitate communication between the single, statewide, and uniform electronic reporting system and law enforcement databases. It is the intent of the Legislature that only properly trained law enforcement personnel of the Department of Justice or local law enforcement classify and encode for law enforcement databases property reported by pawnbrokers and secondhand dealers. +SEC. 2. +Section 21627.5 is added to the Business and Professions Code, to read: +21627.5. +“CAPSS” means the California Pawn and SecondhandDealer System, which is a single, statewide, uniform electronic reporting system that receives secondhand dealer reports and is operated by the Department of Justice consistent with Resolution Chapter 16 of the Statutes of 2010. The maintenance and operation of CAPSS is funded by the Secondhand Dealer and Pawnbroker Fund established pursuant to Section 21642.5. +SEC. 3. +Section 21628 of the Business and Professions Code, as amended by Section 1 of Chapter 169 of the Statutes of 2015, is amended to read: +21628. +(a) Every secondhand dealer or coin dealer described in Section 21626 shall report daily, or no later than the next business day excluding weekends and holidays after receipt or purchase of secondhand tangible personal property, to CAPSS, all secondhand tangible personal property, except for firearms, which he or she has purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning, in accordance with the provisions of Section 21630 and subdivision (d). The report shall be legible, prepared in English, completed where applicable, and include only the following information: +(1) The name and current address of the intended seller or pledger of the property. +(2) The identification of the intended seller or pledger. The identification of the seller or pledger of the property shall be verified by the person taking the information, who may use technology, including, but not limited to, cameras or software, or both, to obtain information and verify identity remotely. The verification shall be valid if the person taking the information reasonably relies on any one of the following documents, provided that the document is currently valid or has been issued within five years and contains a photograph or description, or both, of the person named on it, and, where applicable, is signed by the person, and bears a serial or other identifying number: +(A) A passport of the United States. +(B) A driver’s license issued by any state or Canada. +(C) An identification card issued by any state. +(D) An identification card issued by the United States. +(E) A passport from any other country in addition to another item of identification bearing an address. +(F) A Matricula Consular in addition to another item of identification bearing an address. +(3) (A) A property description. The property description shall be a complete and reasonably accurate description of the property, including, but not limited to, the following: serial number, personalized inscriptions, and other identifying marks or symbols, owner-applied numbers, the size, color, material, and, if known by the secondhand dealer, the manufacturer’s pattern name. The property description shall include the brand and model name or number of the item if known to, or reasonably ascertainable by, the secondhand dealer. The property description shall include a plain text description of the item generally accepted by the secondhand industry. Watches need not be disassembled when special skill or special tools are required to obtain the required information, unless specifically requested to do so by a peace officer. A special tool does not include a penknife, caseknife, or similar instrument and disassembling a watch with a penknife, caseknife, or similar instrument does not constitute a special skill. In all instances where the required information may be obtained by removal of a watchband, then the watchband shall be removed. The cost associated with opening the watch shall be borne by the pawnbroker, secondhand dealer, or customer. +(B) A secondhand dealer shall utilize in the article field either an article field descriptor, the format of which shall be provided by the Department of Justice, or a properly spelled and non-abbreviated plain text descriptor commonly recognized and utilized by the pawn and secondhand dealer industry. The lack of an article field descriptor provided by the Department of Justice shall not be relevant to any determination as to whether the secondhand dealer has received evidence of authority to sell or pledge the property pursuant to paragraph (1) of subdivision (b) so long as the secondhand dealer reports an article field descriptor consistent with this subdivision. +(C) In the case of the receipt or purchase of a handheld electronic device by a secondhand dealer, the serial number reported pursuant to subparagraph (A) may be the International Mobile Station Equipment Identity (IMEI), the mobile equipment identifier (MEID), or other unique identifying number assigned to that device by the device manufacturer. If none of these identifying numbers are available by the time period required for reporting pursuant to this subdivision, the report shall be updated with the IMEI, MEID, or other unique identifying number assigned to that device by the device manufacturer as soon as reasonably possible but no later than 10 working days after receipt or purchase of the handheld electronic device. +(D) For the purpose of this paragraph, “handheld electronic device” means any portable device that is capable of creating, receiving, accessing, or storing electronic data or communications and includes, but is not limited to, a cellular phone, smartphone, or tablet. +(4) A certification by the intended seller or pledger that he or she is the owner of the property or has the authority of the owner to sell or pledge the property. +(5) A certification by the intended seller or pledger that to his or her knowledge and belief the information is true and complete. +(6) A legible fingerprint taken from the intended seller or pledger, as prescribed by the Department of Justice. This requirement does not apply to a coin dealer, unless required pursuant to local regulation. +(7) A report submitted by a pawnbroker or secondhand dealer shall be deemed to have been accepted by the Department of Justice if a good faith effort has been made to supply all of the required information. An error or omission on the report shall be noted, and the reporting pawnbroker or secondhand dealer shall be notified of the error or omission by the Department of Justice. A reporting pawnbroker or secondhand dealer shall have three business days from that notice to amend or correct the report before being subject to any enforcement violation. +(b) (1) When a secondhand dealer complies with all of the provisions of this section, he or she shall be deemed to have received from the seller or pledger adequate evidence of authority to sell or pledge the property for all purposes included in this article, and Division 8 (commencing with Section 21000) of the Financial Code. +(2) In enacting this subdivision, it is the intent of the Legislature that its provisions shall not adversely affect the implementation of, or prosecution under, any provision of the Penal Code. +(c) Any person who conducts business as a secondhand dealer at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, outside the jurisdiction that issued the secondhand dealer license in accordance with subdivision (d) of Section 21641, may be required to submit a duplicate of the transaction report prepared pursuant to this section to the local law enforcement agency where the gun show or event is conducted. +(d) (1) The Department of Justice shall recognize and accept the properly spelled and non-abbreviated plain text property descriptors generally accepted in the pawn and secondhand industries provided by pawnbrokers and secondhand dealers, as has been the longstanding practice of chiefs of police and sheriffs when they had received paper reports from pawnbrokers and secondhand dealers. +(2) A report required of a secondhand dealer pursuant to this section shall be transmitted by electronic means to CAPSS by the secondhand dealer. +(3) Unless specifically identified in this section, the Department of Justice, chiefs of police, and sheriffs shall not require a secondhand dealer to include any additional information concerning the seller, the pledger, or the property received by the secondhand dealer in the report required by this section. +(4) If there is a future change to the reporting requirements of CAPSS that substantively alters the reporting standards provided by this article, those changes shall be implemented and operated in compliance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). In implementing and operating a future change to CAPSS, the Department of Justice, chiefs of police, and sheriffs shall comply with Sections 21637 and 21638. Notwithstanding any other law, the Department of Justice shall not take any action with respect to the implementation, operation, or maintenance of CAPSS required by this chapter by adoption of an emergency regulation. +(5) On or before July 1, 2017, the Department of Justice shall convene a meeting with the Department of Technology to discuss issues pertaining to any proposed changes or upgrades to CAPSS required by this chapter. The Department of Technology may provide technological assistance for ongoing improvements, updates, or changes to CAPSS required by this chapter, as requested. +(6) A coin dealer shall report the information required by this section under the reporting standard described in paragraph (1) on a form developed by the Attorney General that the coin dealer shall transmit each day by facsimile transmission or by mail to the chief of police or sheriff. A transaction shall consist of not more than one item. +(7) For purposes of this subdivision, “item” shall mean any single physical article. However, with respect to a commonly accepted grouping of articles that are purchased as a set, including, but not limited to, a pair of earrings or place settings of china, silverware, or other tableware, “item” shall mean that commonly accepted grouping. +(8) Nothing in this subdivision shall be construed as excepting a secondhand dealer from the fingerprinting requirement of paragraph (6) of subdivision (a). +(e) Nothing in this section shall be construed to exempt a person licensed as a firearms dealer pursuant to Sections 26700 to 26915, inclusive, of the Penal Code from the reporting requirements for the delivery of firearms pursuant to Sections 26700 to 26915, inclusive, of the Penal Code. +SEC. 4. +Section 21628.1 of the Business and Professions Code is repealed. +SEC. 5. +Section 21630 of the Business and Professions Code is repealed. +SEC. 6. +Section 21630 is added to the Business and Professions Code, to read: +21630. +(a) A secondhand dealer or coin dealer shall electronically transmit to CAPSS no later than the next business day after the date of transaction excluding weekends and holidays or, if not then possible due to an electrical, telecommunications, or other malfunction, as soon as reasonable thereafter, the report of acquisition of tangible personal property as required by Section 21628. +(b) Notwithstanding Section 21628, submission of a tangible property acquisition report is not required if the report of an acquisition of the same property from the same customer has been submitted within the preceding 12 months. +SEC. 7. +Section 21633 of the Business and Professions Code is repealed. +SEC. 8. +Section 21642.5 of the Business and Professions Code is amended to read: +21642.5. +(a) The Department of Justice shall require each applicant for an initial license under Section 21641 of this code or Section 21300 of the Financial Code and each applicant for renewal of a license under Section 21642 of this code or Section 21301 of the Financial Code to pay a fee not to exceed three hundred dollars ($300), but in no event exceeding the costs described in subdivision (b), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations. +(b) The fees assessed pursuant to subdivision (a) shall be no more than necessary to cover the reasonable regulatory costs to the department of doing all of the following: +(1) Processing initial license applications under Section 21641 of this code and Section 21300 of the Financial Code. +(2) Processing renewal applications under Section 21642 of this code and Section 21301 of the Financial Code. +(3) Implementing, operating, and maintaining CAPSS described in Section 21627.5. +(c) All licensees holding a license issued before the effective date of the act adding this section pursuant to Section 21641 or 21642 of this code or Section 21300 or 21301 of the Financial Code shall, within 120 days after enactment of the act adding this section in the 2011–12 Regular Session, in addition to any fee required under subdivision (a), pay a fee not to exceed two hundred eighty-eight dollars ($288) to the Department of Justice. +(d) The fees paid pursuant to subdivisions (a) and (c) shall be deposited in the Secondhand Dealer and Pawnbroker Fund, which is hereby established in the State Treasury. The revenue in the fund shall, upon appropriation by the Legislature, be used by the Department of Justice for the purpose of paying for the costs described in paragraphs (1) to (3), inclusive, of subdivision (b), except that the revenue received pursuant to subdivision (c) shall, upon appropriation by the Legislature, be used by the Department of Justice for the purpose of paying for the costs described in paragraph (3) of subdivision (b). +(e) Applicants described in subdivision (a) shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purposes of obtaining information as to the existence and contents of a record of state convictions and state arrests and information as to the existence and contents of a record of state arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance pending trial or appeal. +(1) The Department of Justice shall prepare a state-level response pursuant to paragraph (1) of subdivision (l) of Section 11105 of the Penal Code. +(2) The Department of Justice shall provide subsequent notification service pursuant to Section 11105.2 of the Penal Code for applicants described in this subdivision. +(3) The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this subdivision. The fee revenues shall be deposited in the Fingerprint Fee Account and shall, upon appropriation by the Legislature, be used by the department for the purposes of paying the costs associated with this subdivision. +SEC. 9. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to protect the public from the dissemination of stolen property, make the single, statewide, uniform electronic system a cost savings for secondhand dealers and pawnbrokers, and to require the plain text property descriptions historically utilized by these industries to be accepted by the Department of Justice, just as these plain text descriptions have historically been accepted by chiefs of police and sheriffs, at the earliest possible time, it is necessary that this act take effect immediately.","Existing law regulates secondhand dealers and coin dealers, and makes it unlawful for a person to engage in the business of a secondhand dealer without a license issued by the chief of police, the sheriff, or, where appropriate, the police commission. Existing law also regulates pawnbrokers. Existing law requires a local law enforcement agency to issue a license to engage in the business of a sehe bill would require the Department of Justice to accept the properly spelled and non-abbreviated plain text property descriptions commonly recognized and utilized by the pawn and secondhand dealer industries. The bill would require a secondhand dealer to provide a property description in an article field descriptor, as specified. This bill would prohibit the Department of Justice, chiefs of police, and sheriffs from requiring secondhand dealers to report any additional information other than that which is required by these provisions. The bill would require that a future change to the reporting requirements of CAPSS that substantively alters the reporting standards be implemented and operated in compliance with the Administrative Procedure Act and prohibit the Department of Justice from taking any action with respect to the implementation, operation, or maintenance of CAPSS by adoption of an emergency regulation. The bill would also require the Department of Justice to convene a meeting with the Department of Technology to discuss issues pertaining to any proposed changes or upgrades, and authorize the Department of Technology to provide technological assistance for ongoing improvements, updates, or changes, to CAPSS. +Existing law provides an exception to the reporting requirement for the acquisition of the same property from the same customer within 12 months of a reported transfer, except when submission of the report is specifically requested in writing by the local authorities. +This bill would expand the reporting requirement exception to all acquisitions of the same property from the same customer within 12 months of a reported transfer. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 21628 and 21642.5 of, to add Section 21627.5 to, to repeal Sections 21628.1 and 21633 of, and to repeal and add Section 21630 of, the Business and Professions Code, relating to secondhand goods, and declaring the urgency thereof, to take effect immediately." +912,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California has the highest number of older adults compared to any other state in the nation, with 4.2 million individuals over 65 years of age counted in the 2010 census. +(b) Elderly and dependent adults are seen as easy targets by financial predators who take advantage of their victims’ loneliness, isolation, and vulnerability. This population often falls victim to scams +such as +including +foreign lotteries, the sale of costly and ineffective annuities, identity theft, reverse mortgage scams, and fraudulent home repairs. Financial abuse is also committed by family members or caregivers who take advantage of an elder’s isolation and dependence. +(c) A 1998 study reported in the Journal of the American Medical Association found that an elder victimized by financial abuse has a decreased projected lifespan when compared to elders who have not suffered that exploitation. +(d) The State Department of Social Services reports that as many as 1,600 reports of elder and dependent adult financial abuse are under investigation per month by Adult Protective Services offices statewide. +(e) The California Victims of Crime Program does not serve this population even though federal law allows Victims of Crime Act funds to be used to do so. Federal guidelines identify elders and dependent adults as being underserved in this area. +(f) Many states already provide assistance to victims of financial crimes, including Colorado, Florida, Idaho, New Jersey, New York, Oklahoma, Pennsylvania, Vermont, and Wyoming. +(g) Elderly and dependent adult victims who lack the means to recover or replace misappropriated assets or property often suffer severe consequences including failing health; severe anxiety, depression, and hopelessness; and dependence on public assistance. Research has shown the benefits of mental health and financial counseling in helping these victims remain independent and regain the confidence to take perpetrators to court. +(h) A pilot program is needed to provide the Legislature with data on the demand for victim services, including mental health and financial counseling, by this population and the costs and outcomes of these services. The collection of this data could further help the state track the types and frequency of financial crimes against elder and dependent adults, identify services that are most needed by victims and the rates at which these services are utilized, and establish best practice protocols for serving these victims. +(i) The County of San Diego is well-situated to provide victims of elder and dependent adult financial abuse with access to services, including mental health and financial counseling. +SEC. 2. +Article 7 (commencing with Section 13967) is added to Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code, to read: +Article 7. San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program +13967. +(a) The San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program is hereby established. +(b) Notwithstanding Section 13955, and except as otherwise provided in subdivision (c), a person who meets the requirements listed in subdivision (a) of Section 13955, shall be eligible for compensation under subdivision (d) if he or she was a victim of a violation of subdivision (d) or (e) of Section 368 of the Penal Code, and the crime occurred in the County of San Diego. +(c) A person shall not be eligible for compensation pursuant to subdivision (b) if he or she is a derivative victim and the only crime the victim suffered is elder or dependent adult abuse described in subdivision (d) or (e) of Section 368 of the Penal Code. +(d) Notwithstanding Section 13957, the board may grant for pecuniary loss, upon appropriation by the Legislature before January 1, 2019, if the board determines it will best aid the person seeking compensation to reimburse the expense of financial counseling, mental health counseling, or supportive services for a victim of a crime described in subdivision (d) or (e) of Section 368 of the Penal Code or financial abuse as defined by Section 15610.30 of the Welfare and Institutions Code, that occurred in the County of San Diego, as follows, up to a total of not more than three thousand dollars ($3,000) per person: +(1) The cost of not more than 10 sessions of financial counseling provided by a financial counselor, as described in the Victims of Crime Act Victim Compensation Grant Program (66 F.R. 27158-01), or an adviser providing services such as analysis of a victim’s financial situation, including income-producing capacity and crime-related financial obligations, assistance with restructuring budget and debt, assistance in accessing insurance, public assistance, and other benefits, and assistance in completing the financial aspects of victim impact statements. +(2) The cost of not more than 10 sessions of mental health counseling. +(e) Compensation pursuant to subdivision (d) shall not exceed an aggregate total of one million dollars ($1,000,000) for all persons compensated pursuant to the San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program. +(f) This section shall become inoperative on January 1, 2020. +13967.1. +(a) On or before July 1, 2020, the California Victim Compensation and Government Claims Board shall report to the Legislature and Governor all of the following: +(1) The number of victims who received payments pursuant to this article. +(2) The number of victims who received mental health counseling. +(3) The average payment for mental health counseling per recipient. +(4) The number of victims who received financial counseling. +(5) The average payment for financial counseling per recipient. +(6) Any other data on the pilot program that the board wishes to include. +(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. +13967.5. +This article shall remain in effect only until January 1, 2021, and as of that date is repealed. +SEC. 3. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the County of San Diego where a high number of reported elder and dependent adult financial abuse crimes occur. The County of San Diego is well-suited for a pilot program that would allow the Legislature to gather data on the demand for victim services, including mental health and financial counseling, by elderly and dependent adult victims of financial crimes so as to effectively develop policies and resources for this underserved population. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation and Government Claims Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and specified limits on the amount of compensation the board may award, and requires applications for compensation to be verified under penalty of perjury. +This bill would create the San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program and would authorize the board, upon appropriation by the Legislature before January 1, 2019, to provide victims of elder or dependent adult financial abuse compensation to reimburse costs for financial counseling, mental health counseling, or supportive services, as specified, if the crime occurred in the County of San Diego. The bill would limit compensation pursuant to this authorization to $3,000 per person and an aggregate total of $1,000,000. The bill would exclude a derivative victim from eligibility for compensation if the only crime the victim suffered was elder or dependent adult financial abuse. The bill would authorize the pilot program to operate until January 1, 2020. The bill would require the board to report specified information related to the pilot program to the Legislature and Governor on or before July 1, 2020. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would repeal these provisions on January 1, 2021. +This bill would make related legislative findings and declarations, including findings and declarations as to the necessity of a special statute enacting a pilot program in the County of San Diego. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add and repeal Article 7 (commencing with Section 13967) to Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code, relating to crime victims." +913,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Modified hydrofluoric acid, a solution of hydrogen fluoride and water, is used by two refineries in California to manufacture high octane fuel. +(b) According to the United States Chemical Safety Board, “Hydrofluoric acid is one of the most hazardous and deadly chemicals used in petroleum refining.” +(c) In February 2015, an explosion at the Exxon Mobil Torrance refinery blanketed nearby neighborhoods with catalyst dust and felt like a 1.7 magnitude earthquake. The explosion nearly missed the Torrance refinery’s storage of modified hydrofluoric acid. +(d) Investigations have shown that since 1979 there have been more than 80 incidents at the Torrance refinery involving hydrofluoric acid. +(e) According to the federal Centers for Disease Control and Prevention, “Hydrogen fluoride gas, even at low levels, can irritate the eyes, nose, and respiratory tract. Breathing in hydrogen fluoride at high levels or in combination with skin contact can cause death from an irregular heartbeat or from fluid buildup in the lungs.” +(f) People who survive after being severely injured by breathing in hydrogen fluoride may suffer lingering chronic lung disease or prolonged or permanent visual defects, blindness, or the total destruction of the eye. +(g) Residents in southern California have tried to ban the use of hydrofluoric acid at refineries for more than 25 years. +(h) Previous attempts to ban hydrofluoric acid at refineries in California have ended in litigation. Notably, in 1991, Ultramar, the then-operator of the Wilmington refinery sued the South Coast Air Quality Management District after the district adopted a rule phasing out the use of hydrofluoric acid. +(i) Today, 616,000 residents in California live within 3.5 miles of refineries that combined store more than 60,000 lbs of modified hydrofluoric acid. +(j) Article I of the California Constitution declares, “All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.” +(k) Even in its modified form, hydrofluoric acid could kill more than 500,000 Californians at any moment, causing a threat to property and safety. +SEC. 2. +Article 11.3 (commencing with Section 25240) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read: +Article 11.3. Hydrogen Fluoride +25240. +The Legislature finds and declares all of the following: +(a) Hydrogen fluoride, a highly toxic and highly corrosive mineral acid used in the manufacture of unleaded gasoline and refrigerants, is a harmful and potentially deadly toxic gas. +(b) If released, hydrogen fluoride creates a deadly gas cloud that is toxic to the respiratory system. Inhalation of hydrogen fluoride gas can result in irritation, inflammation, bronchiolar ulceration, pulmonary hemorrhage and edema, and death. +(c) Hydrogen fluoride and hydrofluoric acid pose significantly greater risks than sulfuric acid, an alternative chemical that can be substituted in the manufacture of unleaded gasoline. +(d) An uncontrolled release of hydrogen fluoride would endanger human life and health over an area six times as large as a comparable release of sulfuric acid. A hydrogen fluoride spill that was 90 percent controlled would endanger human life outside of the spill site, while no similar threat would exist from a spill of sulfuric acid. Tests have shown that a worst case spill of liquid hydrogen fluoride or hydrofluoric acid could produce a cloud that could be lethal for five miles downwind. Under normal spill conditions, sulfuric acid does not vaporize to form a dangerous cloud. +(e) Unforeseeable and unpreventable accidental releases of hydrogen fluoride could occur in several instances, including earthquake, mechanical or structural defects in equipment, human error, sabotage, and, in locations with considerable air traffic, aircraft disasters. +(f) The storage, transport, and use of hydrogen fluoride introduces the potential for serious public health risks. Chemical alternatives are available and should be used as an alternative to hydrogen fluoride to reduce the possibility of public endangerment. +25240.2. +(a) A business that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride, including hydrofluoric acid, shall, if possible, convert to a known, significantly less hazardous substitute by January 1, 2017. +(b) If it is not possible for a business to convert to a known, significantly less hazardous substitute, as specified in subdivision (a), and the business is located within two miles of a residential dwelling, the business shall cease handling, maintaining, or storing hydrogen fluoride and hydrofluoric acid by January 1, 2017. +SEC. 3. +Section 39668.5 is added to the Health and Safety Code, to read: +39668.5. +(a) An owner or operator of an oil refinery that uses hydrogen fluoride, hydrofluoric acid, or modified hydrofluoric acid in its operations shall send out biannual notices to each business, school, child care facility, library, church, community facility, senior facility, and residence within a three-and-a-half-mile radius of the refinery. +(1) (A) Notice recipients located within a two-mile radius from the refinery shall be warned they may live in a lethal zone. +(B) “Lethal zone” means the area identified in a worst case scenario to expose individuals to ERPG-3 level toxins. +(C) “ERPG-3” is the maximum airborne concentration below which nearly all individuals could be exposed for up to one hour without experiencing or developing life-threatening health effects. +(2) (A) Notice recipients located outside a two-mile radius but within a three-and-a-half-mile radius from the refinery shall be warned they may live in a long-term illness zone. +(B) “Long-term illness zone” means the area identified in a worst case scenario to expose individuals to ERPG-2 level toxins. +(C) “ERPG-2” is the maximum airborne concentration below which nearly all individuals could be exposed for up to one hour without experiencing or developing irreversible or other serious health effects or symptoms which could impair an individual’s ability to take protective action. +(3) Notice recipients located within a three-and-a-half-mile radius from the refinery shall be provided the Internet Web site address of the United States Environmental Protection Agency’s Vulnerable Zone Indicator System. +(b) Costs for the notice shall be paid by the owner or operator of the refinery. +(c) The owner or operator shall file a copy of the notice and distribution list with the state board. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 5. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to address the high risk to the public of exposure to hydrogen fluoride, including hydrofluoric acid, it is necessary this bill take effect immediately.","(1) Existing law requires the State Air Resources Board to adopt airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources. Existing law prescribes civil penalties for violations of specified air pollution control laws, rules, regulations, permits, or orders of the State Air Resources Board or of an air pollution control district or air quality management district. +This bill would require an owner or operator of an oil refinery that uses hydrogen fluoride, hydrofluoric acid, or modified hydrofluoric acid in its operations to send out biannual notices to each business, school, child care facility, library, church, community facility, senior facility, and residence within a 3.5-mile radius of the refinery, as specified. The bill would require the cost of the notice to be paid by the owner or operator of the refinery. The bill would require the owner or operator to file a copy of the notice and distribution list with the State Air Resources Board. An owner or operator who violates these provisions would be subject to those civil penalties. +(2) Existing law generally regulates the management of hazardous waste. A violation of the hazardous waste control laws is a crime. +This bill would require a business that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride or hydrofluoric acid to, if possible, convert to a known, significantly less hazardous substitute by January 1, 2017. If that conversion is not possible and the business is located within 2 miles of a residential dwelling, the bill would require the business to cease handling, maintaining, or storing hydrogen fluoride and hydrofluoric acid by January 1, 2017. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +(4) This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Section 39668.5 to, and to add Article 11.3 (commencing with Section 25240) to Chapter 6.5 of Division 20 of, the Health and Safety Code, relating to hydrogen fluoride, and declaring the urgency thereof, to take effect immediately." +914,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 127660 of the Health and Safety Code is amended to read: +127660. +(a) The Legislature hereby requests the University of California to establish the California Health Benefit Review Program to assess legislation proposing to mandate a benefit or service, as defined in subdivision (d), and legislation proposing to repeal a mandated benefit or service, as defined in subdivision (e), and to prepare a written analysis with relevant data on the following: +(1) Public health impacts, including, but not limited to, all of the following: +(A) The impact on the health of the community, including the reduction of communicable disease and the benefits of prevention such as those provided by childhood immunizations and prenatal care. +(B) The impact on the health of the community, including diseases and conditions where disparities in outcomes associated with the social determinants of health as well as gender, race, sexual orientation, or gender identity are established in peer-reviewed scientific and medical literature. +(C) The extent to which the benefit or service reduces premature death and the economic loss associated with disease. +(2) Medical impacts, including, but not limited to, all of the following: +(A) The extent to which the benefit or service is generally recognized by the medical community as being effective in the screening, diagnosis, or treatment of a condition or disease, as demonstrated by a review of scientific and peer-reviewed medical literature. +(B) The extent to which the benefit or service is generally available and utilized by treating physicians. +(C) The contribution of the benefit or service to the health status of the population, including the results of any research demonstrating the efficacy of the benefit or service compared to alternatives, including not providing the benefit or service. +(D) The extent to which mandating or repealing the benefits or services would not diminish or eliminate access to currently available health care benefits or services. +(3) Financial impacts, including, but not limited to, all of the following: +(A) The extent to which the coverage or repeal of coverage will increase or decrease the benefit or cost of the benefit or service. +(B) The extent to which the coverage or repeal of coverage will increase the utilization of the benefit or service, or will be a substitute for, or affect the cost of, alternative benefits or services. +(C) The extent to which the coverage or repeal of coverage will increase or decrease the administrative expenses of health care service plans and health insurers and the premium and expenses of subscribers, enrollees, and policyholders. +(D) The impact of this coverage or repeal of coverage on the total cost of health care. +(E) +Commencing July 1, 2017, the +The +impact of this coverage or repeal of coverage on anticipated costs or savings estimated upon implementation for the following periods: +(i) The two subsequent state fiscal years. +(ii) If applicable, the five subsequent state fiscal years through a longer-range estimate. +(F) The potential cost or savings to the private sector, including the impact on small employers as defined in paragraph (1) of subdivision (l) of Section 1357, the Public Employees’ Retirement System, other retirement systems funded by the state or by a local government, individuals purchasing individual health insurance, and publicly funded state health insurance programs, including the Medi-Cal program and the Healthy Families Program. +(G) The extent to which costs resulting from lack of coverage or repeal of coverage are or would be shifted to other payers, including both public and private entities. +(H) The extent to which mandating or repealing the proposed benefit or service would not diminish or eliminate access to currently available health care benefits or services. +(I) The extent to which the benefit or service is generally utilized by a significant portion of the population. +(J) The extent to which health care coverage for the benefit or service is already generally available. +(K) The level of public demand for health care coverage for the benefit or service, including the level of interest of collective bargaining agents in negotiating privately for inclusion of this coverage in group contracts, and the extent to which the mandated benefit or service is covered by self-funded employer groups. +(L) In assessing and preparing a written analysis of the financial impact of legislation proposing to mandate a benefit or service and legislation proposing to repeal a mandated benefit or service pursuant to this paragraph, the Legislature requests the University of California to use a certified actuary or other person with relevant knowledge and expertise to determine the financial impact. +(4) The impact on essential health benefits, as defined in Section 1367.005 of this code and Section 10112.27 of the Insurance Code, and the impact on the California Health Benefit Exchange. +(b) The Legislature further requests that the California Health Benefit Review Program assess legislation that impacts health insurance benefit design, cost sharing, premiums, and other health insurance topics. +(c) The Legislature requests that the University of California provide every analysis to the appropriate policy and fiscal committees of the Legislature not later than 60 days, or in a manner and pursuant to a timeline agreed to by the Legislature and the California Health Benefit Review Program, after receiving a request made pursuant to Section 127661. In addition, the Legislature requests that the university post every analysis on the Internet and make every analysis available to the public upon request. +(d) As used in this section, “legislation proposing to mandate a benefit or service” means a proposed statute that requires a health care service plan or a health insurer, or both, to do any of the following: +(1) Permit a person insured or covered under the policy or contract to obtain health care treatment or services from a particular type of health care provider. +(2) Offer or provide coverage for the screening, diagnosis, or treatment of a particular disease or condition. +(3) Offer or provide coverage of a particular type of health care treatment or service, or of medical equipment, medical supplies, or drugs used in connection with a health care treatment or service. +(e) As used in this section, “legislation proposing to repeal a mandated benefit or service” means a proposed statute that, if enacted, would become operative on or after January 1, 2008, and would repeal an existing requirement that a health care service plan or a health insurer, or both, do any of the following: +(1) Permit a person insured or covered under the policy or contract to obtain health care treatment or services from a particular type of health care provider. +(2) Offer or provide coverage for the screening, diagnosis, or treatment of a particular disease or condition. +(3) Offer or provide coverage of a particular type of health care treatment or service, or of medical equipment, medical supplies, or drugs used in connection with a health care treatment or service. +SEC. 2. +This act shall become operative on July 1, 2017, and shall become operative only if the dates on which Chapter 7 (commencing with Section 127660) of Part 2 of Division 107 of the Health and Safety Code becomes inoperative and is repealed are deleted or extended.","Existing law, until July 1, 2017, requests the University of California to establish the California Health Benefit Review Program to assess, among other things, legislation that proposes to mandate or repeal a mandated benefit or service, as defined. Existing law requests the University of California to prepare a written analysis with relevant data on public health, medical, financial, and other impacts of that legislation, as specified. +Existing law requests the University of California to provide the analysis to the appropriate policy and fiscal committees of the Legislature, as specified, and to submit a report to the Governor and the Legislature regarding the implementation of these provisions by January 1, 2017. Existing law establishes the Health Care Benefits Fund in the State Treasury to effectively support the University of California and its work in implementing these provisions. +The California Health Benefit Review Program has been reauthorized since its predecessor was established in 2002. +This bill would additionally request the University of +California, commencing July 1, 2017, +California +to include in its analysis, as part of the financial impacts of the above legislation, relevant data on the impact of coverage or repeal of coverage of the benefit or service on anticipated costs or savings estimated upon implementation for the 2 subsequent state fiscal years and, if applicable, for the 5 subsequent state fiscal years, as specified. +This bill would make its provisions operative on July 1, 2017, and only if the California Health Benefit Review Program is reauthorized, as specified.","An act to amend Section 127660 of the Health and Safety Code, relating to health care coverage." +915,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 222.5 of the Code of Civil Procedure is amended to read: +222.5. +(a) To select a fair and impartial jury in civil jury trials, the court shall examine the prospective jurors. Upon completion of the court’s initial examination, counsel for each party shall have the right to examine, by oral and direct questioning, any of the prospective jurors so that counsel may intelligently exercise both peremptory challenges and challenges for cause. During any examination conducted by counsel for the parties, the court should permit liberal and probing examination calculated to discover bias or prejudice with regard to the circumstances of the particular case. The fact that a topic has been included in the court’s examination should not preclude additional nonrepetitive or nonduplicative questioning in the same area by counsel. +(b) To help facilitate the jury selection process, the court in civil trials should provide to counsel for each party the complete names of the prospective jurors, both alphabetically and in the order in which they will be called. +(c) The court should allow a brief opening statement by counsel for each party before the commencement of the oral questioning phase of the voir dire process. +(d) The scope of the examination conducted by counsel shall be within reasonable limits prescribed by the court in the court’s sound discretion. In exercising its sound discretion as to the form and subject matter of voir dire questions, the court should consider, among other criteria, any unique or complex elements, legal or factual, in the case and the individual responses or conduct of jurors that may evince attitudes inconsistent with suitability to serve as a fair and impartial juror in the particular case. Specific unreasonable or arbitrary time limits shall not be imposed in any case. The court shall not establish a blanket policy of a time limit for voir dire. +(e) The court should permit counsel to conduct voir dire examination without requiring prior submission of the questions unless a particular counsel engages in improper questioning. For purposes of this section, an “improper question” is any question that, as its dominant purpose, attempts to precondition the prospective jurors to a particular result, indoctrinate the jury, or question the prospective jurors concerning the pleadings or the applicable law. A court shall not arbitrarily or unreasonably refuse to submit reasonable written questionnaires, the contents of which are determined by the court in its sound discretion, when requested by counsel. If a questionnaire is used, the parties should be given reasonable time to evaluate the responses to the questionnaires before oral questioning commences. +(f) In civil cases, the court may, upon stipulation by counsel for all the parties appearing in the action, permit counsel to examine the prospective jurors outside the court’s presence. +SEC. 2. +Section 223 of the Code of Civil Procedure is amended to read: +223. +(a) In a criminal case, the court shall conduct an initial examination of prospective jurors. The court may submit to the prospective jurors additional questions requested by the parties as it deems proper. +(b) The court shall provide to counsel for each party the complete names of the prospective jurors, both alphabetically and in the order in which they will be called. However, the court, in each criminal trial, shall determine a uniform manner by which each prospective juror shall be addressed by the court and counsel for each party, according to one of the following: +(1) An identification number assigned by the court. +(2) The prospective juror’s first name and the first initial of his or her last name. +(3) The prospective juror’s title and last name. +(c) Before examining prospective jurors, the court shall advise them that, in accordance with state law, the court and counsel for each party are prohibited, in all criminal cases, from addressing prospective jurors by their full names during jury selection, and are required to address each prospective juror by an identification number, by his or her first name and the first initial of his or her last name, or by his or her title and last name. +(d) Upon completion of the court’s initial examination, counsel for each party shall have the right to examine, by oral and direct questioning, any or all of the prospective jurors. The court may, in the exercise of its discretion, limit the oral and direct questioning of prospective jurors by counsel. The court may specify the maximum amount of time that counsel for each party may question an individual juror, or may specify an aggregate amount of time for each party, which can then be allocated among the prospective jurors by counsel. +(e) Voir dire of prospective jurors shall, where practicable, occur in the presence of the other jurors in all criminal cases, including death penalty cases. Examination of prospective jurors shall be conducted only in aid of the exercise of challenges for cause. +(f) The court’s exercise of its discretion in the manner in which voir dire is conducted, including any limitation on the time which will be allowed for direct questioning of prospective jurors by counsel and any determination that a question is not in aid of the exercise of challenges for cause, shall not cause any conviction to be reversed unless the exercise of that discretion has resulted in a miscarriage of justice, as specified in Section 13 of Article VI of the California Constitution. +(g) This section does not limit public access to juror information, as provided for under Section 237. +(h) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SEC. 3. +Section 223 is added to the Code of Civil Procedure, to read: +223. +(a) In a criminal case, the court shall conduct an initial examination of prospective jurors. The court may submit to the prospective jurors additional questions requested by the parties as it deems proper. Upon completion of the court’s initial examination, counsel for each party shall have the right to examine, by oral and direct questioning, any or all of the prospective jurors. The court may, in the exercise of its discretion, limit the oral and direct questioning of prospective jurors by counsel. The court may specify the maximum amount of time that counsel for each party may question an individual juror, or may specify an aggregate amount of time for each party, which can then be allocated among the prospective jurors by counsel. Voir dire of any prospective jurors shall, where practicable, occur in the presence of the other jurors in all criminal cases, including death penalty cases. Examination of prospective jurors shall be conducted only in aid of the exercise of challenges for cause. +(b) The trial court’s exercise of its discretion in the manner in which voir dire is conducted, including any limitation on the time which will be allowed for direct questioning of prospective jurors by counsel and any determination that a question is not in aid of the exercise of challenges for cause, shall not cause any conviction to be reversed unless the exercise of that discretion has resulted in a miscarriage of justice, as specified in Section 13 of Article VI of the California Constitution. +(c) This section is operative on and after January 1, 2022.","(1) In civil trials, existing law requires a trial judge to examine prospective jurors, and, upon completion of the judge’s examination, grants counsel for each party the right to examine, by oral and direct questioning, any prospective juror in order to enable counsel to intelligently exercise peremptory challenges and challenges for cause. Existing law provides that the judge in civil trials should provide the parties with both the alphabetical list and the list of prospective jurors in the order in which they will be called. +This bill would make nonsubstantive changes to these provisions. +(2) Under existing law, which was enacted by initiative measure, in a criminal case, the court is required to conduct the examination of prospective jurors, except that the court may permit the parties, upon a showing of good cause, to conduct a further inquiry. The initiative measure provides that it may be amended by a measure enacted by a +2/3 +vote of each house. +This bill would, until January 1, 2022, in criminal trials, require the court to provide the complete names of prospective jurors to counsel for each party, as specified. The bill would also require the court and counsel for each party to address a prospective juror using a number assigned by the court, by the prospective juror’s first name and first initial of his or her last name, or by his or her title and last name, as determined by the court in each criminal trial. The bill would also make nonsubstantive changes to these provisions.","An act to amend Section 222.5 of, and to amend, repeal, and add Section 223 of, the Code of Civil Procedure, relating to jurors." +916,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 18930 of the Welfare and Institutions Code is amended to read: +18930. +(a) The State Department of Social Services shall establish a Food Assistance Program to provide assistance for those persons described in subdivision (b). The department shall enter into an agreement with the United States Department of Agriculture to use the existing federal Supplemental Nutrition Assistance Program coupons, to the extent allowed by federal law, for the purposes of administering this program. Persons who are members of a household receiving CalFresh benefits under this chapter or under Chapter 10 (commencing with Section 18900), and are receiving CalWORKs benefits under Chapter 2 (commencing with Section 11200) of Part 3 on September 1, 1998, shall have eligibility determined under this chapter without need for a new application no later than November 1, 1998, and the beginning date of assistance under this chapter for those persons shall be September 1, 1998. +(b) (1) Except as provided in paragraphs (2), (3), and (4) and Section 18930.5, a noncitizen of the United States is eligible for the program established pursuant to subdivision (a) if the person’s immigration status meets the eligibility criteria of the federal Supplemental Nutrition Assistance Program in effect on August 21, 1996, but he or she is not eligible for federal Supplemental Nutrition Assistance Program benefits solely due to his or her immigration status under Public Law 104-193 and any subsequent amendments thereto. +(2) A noncitizen of the United States is eligible for the program established pursuant to subdivision (a) if the person is a battered immigrant spouse or child or the parent or child of the battered immigrant, as described in Section 1641(c) of Title 8 of the United States Code, as amended by Section 5571 of Public Law 105-33, if the person is a Cuban or Haitian entrant as described in Section 501(e) of the federal Refugee Education Assistance Act of 1980 (Public Law 96-422), or if the person is otherwise lawfully present in the United States. +(3) An applicant who is otherwise eligible for the program but who entered the United States on or after August 22, 1996, shall be eligible for aid under this chapter only if he or she is sponsored and one of the following apply: +(A) The sponsor has died. +(B) The sponsor is disabled as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3. +(C) The applicant, after entry into the United States, is a victim of abuse by the sponsor or the spouse of the sponsor if the spouse is living with the sponsor. +(4) An applicant who is otherwise eligible for the program but who entered the United States on or after August 22, 1996, who does not meet one of the conditions of paragraph (3), is eligible for aid under this chapter beginning on October 1, 1999. +(5) The applicant shall be required to provide verification that one of the conditions of subparagraph (A), (B), or (C) of paragraph (3) has been met. +(6) For purposes of subparagraph (C) of paragraph (3), abuse shall be defined in the same manner as provided in Section 11495.1 and Section 11495.12. A sworn statement of abuse by a victim, or the representative of the victim if the victim is not able to competently swear, shall be sufficient to establish abuse if one or more additional items of evidence of abuse is also provided. Additional evidence may include, but is not limited to, the following: +(A) Police, government agency, or court records or files. +(B) Documentation from a domestic violence program, legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with abuse. +(C) A statement from any other individual with knowledge of the circumstances that provided the basis for the claim. +(D) Physical evidence of abuse. +(7) If the victim cannot provide additional evidence of abuse, then the sworn statement shall be sufficient if the county makes a determination documented in writing in the case file that the applicant is credible. +(c) In counties approved for alternate benefit issuance systems, that same alternate benefit issuance system shall be approved for the program established by this chapter. +(d) (1) To the extent allowed by federal law, the income, resources, and deductible expenses of those persons described in subdivision (b) shall be excluded when calculating CalFresh benefits under Chapter 10 (commencing with Section 18900). +(2) A household shall not receive more CalFresh benefits under this section than it would if no household member was rendered ineligible pursuant to Title IV of Public Law 104-193 and any subsequent amendments thereto. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the State Department of Social Services to establish the Food Assistance Program for certain immigrants residing in this state, including, among others, a battered immigrant spouse or a Cuban or Haitian entrant, as described in specified provisions of federal law. +This bill would provide that a noncitizen is eligible for aid under the Food Assistance Program if he or she is lawfully present in the United States. To the extent this bill would expand eligibility for the Food Assistance Program, which is administered by the counties, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 18930 of the Welfare and Institutions Code, relating to public social services." +917,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 7.5 (commencing with Section 48317) is added to Chapter 2 of Part 27 of Division 4 of Title 2 of the Education Code, to read: +Article 7.5. School District of Choice Continued Enrollment +48317. +Notwithstanding any other law, a pupil attending a school in a school district of choice on or before July 1, 2017, pursuant to Article 7 (commencing with Section 48300), as that article read on December 31, 2016, may continue to attend that school if the school district of choice authorizes the pupil to do so. +48318. +This article shall become operative on July 1, 2017. +SECTION 1. +Section 653.23 of the +Penal Code +is amended to read: +653.23. +(a)It is unlawful for any person to do either of the following: +(1)Direct, supervise, recruit, or otherwise aid another person in the commission of a violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22. +(2)Collect or receive all or part of the proceeds earned from an act or acts of prostitution committed by another person in violation of subdivision (b) of Section 647. +(b)Among the circumstances that may be considered in determining whether a person is in violation of subdivision (a) are that the person does the following: +(1)Repeatedly speaks or communicates with another person who is acting in violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22. +(2)Repeatedly or continuously monitors or watches another person who is acting in violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22. +(3)Repeatedly engages or attempts to engage in conversation with pedestrians or motorists to solicit, arrange, or facilitate an act of prostitution between the pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22. +(4)Repeatedly stops or attempts to stop pedestrians or motorists to solicit, arrange, or facilitate an act of prostitution between pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22. +(5)Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorists to solicit, arrange, or facilitate an act of prostitution between the pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22. +(6)Receives or appears to receive money from another person who is acting in violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22. +(7)Engages in any of the behavior described in paragraphs (1) to (6), inclusive, in regard to, or on behalf of, two or more persons who are in violation of subdivision (a) of Section 653.22. +(8)Has been convicted of violating this section, subdivision (a) or (b) of Section 647, subdivision (a) of Section 653.22, Section 236.1, 266h, or 266i, or any other offense relating to or involving prostitution within five years of the arrest under this section. +(9)Has engaged, within six months prior to the arrest under subdivision (a), in any behavior described in this subdivision, with the exception of paragraph (8), or in any other behavior indicative of prostitution activity. +(c)The list of circumstances set forth in subdivision (b) is not exclusive. The circumstances set forth in subdivision (b) should be considered particularly salient if they occur in an area that is known for prostitution activity. Any other relevant circumstances may be considered. Moreover, no one circumstance or combination of circumstances is in itself determinative. A violation of subdivision (a) shall be determined based on an evaluation of the particular circumstances of each case. +(d)This section does not preclude the prosecution of a suspect for a violation of Section 236.1, 266h, or 266i, or for any other offense, or for a violation of this section in conjunction with a violation of Section 236.1, 266h, or 266i, or any other offense. +SEC. 2. +Section 602 of the +Welfare and Institutions Code +is amended to read: +602. +(a)Except as provided in subdivision (b), a person who is under 18 years of age when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court and may be adjudged a ward of the court. +(b)Any person who is alleged, when he or she was 14 years of age or older, to have committed one of the following offenses shall be prosecuted under the general law in a court of criminal jurisdiction: +(1)Murder, as described in Section 187 of the Penal Code, if one of the circumstances enumerated in subdivision (a) of Section 190.2 of the Penal Code is alleged by the prosecutor, and the prosecutor alleges that the minor personally killed the victim. +(2)The following sex offenses, if the prosecutor alleges that the minor personally committed the offense, and if the prosecutor alleges one of the circumstances enumerated in the One Strike law, subdivision (d) or (e) of Section 667.61 of the Penal Code, applies: +(A)Rape, as described in paragraph (2) of subdivision (a) of Section 261 of the Penal Code. +(B)Spousal rape, as described in paragraph (1) of subdivision (a) of Section 262 of the Penal Code. +(C)Forcible sex offenses in concert with another, as described in Section 264.1 of the Penal Code. +(D)Forcible lewd and lascivious acts on a child under 14 years of age, as described in subdivision (b) of Section 288 of the Penal Code. +(E)Forcible sexual penetration, as described in subdivision (a) of Section 289 of the Penal Code. +(F)Sodomy or oral copulation in violation of Section 286 or 288a of the Penal Code, by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. +(G)Lewd and lascivious acts on a child under 14 years of age, as defined in subdivision (a) of Section 288, unless the defendant qualifies for probation under subdivision (d) of Section 1203.066 of the Penal Code. +(c)(1)Notwithstanding subdivision (a), the juvenile court may dismiss a petition upon a finding that the juvenile who is alleged to have violated Section 653.23 or subdivision (b) of Section 647 of the Penal Code did so due to coercion or duress. +(2)For purposes of this subdivision, the following definitions apply: +(A)“Coercion” means a scheme, plan, or pattern intended to cause a person to believe that failure to perform the act would result in serious harm to, or physical restraint against, a person; the abuse or threatened abuse of legal process; debt bondage; or providing and facilitating the possession of a controlled substance to a person with the intent to impair the person’s judgment. +(B)“Duress” means a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act that he or she would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess an actual or purported passport or immigration document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing an actual or purported passport or immigration document of the victim. +(C)“Serious harm” means any harm, whether physical or nonphysical, including, but not limited to, psychological, financial, or reputational harm, that is sufficiently serious, under all surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue to perform labor, services, or commercial sexual acts in order to avoid incurring that harm.","Existing law, until July 1, 2017, authorizes the governing board of a school district to accept pupils from other school districts by adopting a resolution to become a school district of choice, as defined. +This bill, commencing with July 1, 2017, would authorize a pupil attending a school in a school district of choice on or before July 1, 2017, to continue to attend that school if the school district of choice authorizes the pupil to do so. +(1)Existing law makes a person who directs, supervises, recruits, or otherwise aids another person in the commission of an act of prostitution, or who collects or receives all or part of the proceeds earned from an act of prostitution committed by another person, guilty of a misdemeanor that is punishable by imprisonment in a county jail for no more than 6 months, by a fine not exceeding $1,000, or by both that imprisonment and fine. Existing law specifies circumstances that may be used to determine if a person has committed the offense, including repeatedly speaking or communicating with another person, or repeatedly or continuously monitoring or watching another person, who is loitering in a public place with the intent to commit prostitution. +This bill would establish additional circumstances that may be used to determine if a person has committed that offense, including, but not limited to, repeatedly speaking or communicating with, or repeatedly or continuously monitoring or watching, another person who solicits or agrees to engage in any act of prostitution. +(2)Under existing law, a person who is under 18 years of age when he or she violates the law may be adjudged a ward of the court. +This bill would authorize a court to dismiss the petition against the juvenile upon a finding that he or she committed certain acts of prostitution due to coercion or duress, as defined.","An act to +amend Section 653.23 of the Penal Code, and to amend Section 602 of the Welfare and Institutions Code, relating to prostitution. +add Article 7.5 (commencing with Section 48317) to Chapter 2 of Part 27 of Division 4 of Title 2 of the Education Code, relating to school attendance." +918,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2830 of the Public Utilities Code is amended to read: +2830. +(a) As used in this section, the following terms have the following meanings: +(1) “Benefiting account” means an electricity account, or more than one account, that satisfies either of the following: +(A) The account or accounts are located within the geographical boundaries of a local government or, for a campus, within the geographical boundary of the city, county, or city and county in which the campus is located, with the account or accounts being mutually agreed upon by the local government or campus and an electrical corporation. +(B) The account or accounts belong to members of a joint powers authority and are located within the geographical boundaries of the group of public agencies that formed the joint powers authority, if the eligible renewable generating facility and electricity account or accounts are wholly located within the confines of a single county within which the joint powers authority is located and electric service is provided by a single electrical corporation, with the account or accounts being mutually agreed upon by the joint powers authority and the electrical corporation. +(2) “Bill credit” means an amount of money credited to a benefiting account that is calculated based upon the time-of-use electricity generation component of the electricity usage charge of the generating account, multiplied by the quantities of electricity generated by an eligible renewable generating facility that are exported to the grid during the corresponding time period. Electricity is exported to the grid if it is generated by an eligible renewable generating facility, is not utilized onsite by the local government, and the electricity flows through the meter site and on to the electrical corporation’s distribution or transmission infrastructure. +(3) “Campus” means an individual community college campus, individual California State University campus, or individual University of California campus. +(4) “Eligible renewable generating facility” means a generation facility that meets all of the following requirements: +(A) Has a generating capacity of no more than five megawatts. +(B) Is an eligible renewable energy resource, as defined in Article 16 (commencing with Section 399.11) of Part 1. +(C) Is located within the geographical boundary of the local government or, for a campus, within the geographical boundary of the city or city and county, if the campus is located in an incorporated area, or county, if the campus is located in an unincorporated area. +(D) Is owned by, operated by, or on property under the control of the local government or campus. +(E) Is sized to offset all or part of the electrical load of the benefiting account. For these purposes, premises that are leased by a local government or campus are under the control of the local government or campus. +(5) “Generating account” means the time-of-use electric service account of the local government or campus where the eligible renewable generating facility is located. +(6) “Local government” means a city, county, whether general law or chartered, city and county, special district, school district, political subdivision, other local public agency, or a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) that has as members public agencies located within the same county and same electrical corporation service territory, but shall not mean the state, any agency or department of the state, other than an individual campus of the University of California or the California State University, or any joint powers authority that has as members public agencies located in different counties or different electrical corporation service territories, or that has as a member the federal government, any federal department or agency, this or another state, or any department or agency of this state or another state. +(b) Subject to the limitation in subdivision (h), a local government may elect to receive electric service pursuant to this section if all of the following conditions are met: +(1) The local government designates one or more benefiting accounts to receive a bill credit. +(2) A benefiting account receives service under a time-of-use rate schedule. +(3) The benefiting account is the responsibility of, and serves property that is owned, operated, or on property under the control of the same local government that owns, operates, or controls the eligible renewable generating facility. +(4) The electrical output of the eligible renewable generating facility is metered for time of use to allow calculation of the bill credit based upon when the electricity is exported to the grid. +(5) All costs associated with the metering requirements of paragraphs (2) and (4) are the responsibility of the local government. +(6) All costs associated with interconnection are the responsibility of the local government. For purposes of this paragraph, “interconnection” has the same meaning as defined in Section 2803, except that it applies to the interconnection of an eligible renewable generating facility rather than the energy source of a private energy producer. +(7) The local government does not sell electricity exported to the electrical grid to a third party. +(8) All electricity exported to the grid by the local government that is generated by the eligible renewable generating facility becomes the property of the electrical corporation to which the facility is interconnected, but shall not be counted toward the electrical corporation’s total retail sales for purposes of Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1. Ownership of the renewable energy credits, as defined in Section 399.12, shall be the same as the ownership of the renewable energy credits associated with electricity that is net metered pursuant to Section 2827. +(9) An electrical corporation shall not be required to compensate a local government for electricity generated from an eligible renewable facility pursuant to this section in excess of the bill credits applied to the designated benefiting account. A local government renewable generation facility participating pursuant to this section shall not be eligible for any other tariff or program that requires an electrical corporation to purchase generation from that facility while participating in the local government renewable energy self-generation program pursuant to this section. +(c) (1) A benefiting account shall be billed for all electricity usage, and for each bill component, at the rate schedule applicable to the benefiting account, including any cost-responsibility surcharge or other cost recovery mechanism, as determined by the commission, to reimburse the Department of Water Resources for purchases of electricity, pursuant to Division 27 (commencing with Section 80000) of the Water Code. +(2) The bill shall then subtract the bill credit applicable to the benefiting account. The generation component credited to the benefiting account shall not include the cost-responsibility surcharge or other cost recovery mechanism, as determined by the commission, to reimburse the Department of Water Resources for purchases of electricity, pursuant to Division 27 (commencing with Section 80000) of the Water Code. The electrical corporation shall ensure that the local government receives the full bill credit. +(3) If, during the billing cycle, the generation component of the electricity usage charges exceeds the bill credit, the benefiting account shall be billed for the difference. +(4) If, during the billing cycle, the bill credit applied pursuant to paragraph (2) exceeds the generation component of the electricity usage charges, the difference shall be carried forward as a financial credit to the next billing cycle. +(5) After the electricity usage charge pursuant to paragraph (1) and the credit pursuant to paragraph (2) are determined for the last billing cycle of a 12-month period, any remaining credit resulting from the application of this section shall be reset to zero. +(d) The commission shall ensure that the transfer of a bill credit to a benefiting account does not result in a shifting of costs to bundled service subscribers. The costs associated with the transfer of a bill credit shall include all billing-related expenses. +(e) Not more frequently than once per year, and upon providing the electrical corporation with a minimum of 60 days’ notice, the local government may elect to change a benefiting account. Any credit resulting from the application of this section earned prior to the change in a benefiting account that has not been used as of the date of the change in the benefiting account shall be applied, and may only be applied, to a benefiting account as changed. +(f) A local government shall provide the electrical corporation to which the eligible renewable generating facility will be interconnected with not less than 60 days’ notice prior to the eligible renewable generating facility becoming operational. The electrical corporation shall file an advice letter with the commission that complies with this section not later than 30 days after receipt of the notice proposing a rate tariff for a benefiting account. The commission, within 30 days of the date of filing, shall approve the proposed tariff or specify conforming changes to be made by the electrical corporation to be filed in a new advice letter. +(g) The local government may terminate its election pursuant to subdivision (b), upon providing the electrical corporation with a minimum of 60 days’ notice. Should the local government sell its interest in the eligible renewable generating facility, or sell the electricity generated by the eligible renewable generating facility, in a manner other than required by this section, upon the date of either event, and the earliest date if both events occur, no further bill credit pursuant to paragraph (3) of subdivision (b) may be earned. Only credit earned prior to that date shall be made to a benefiting account. +(h) An electrical corporation is not obligated to provide a bill credit to a benefiting account that is not designated by a local government prior to the point in time that the combined statewide cumulative rated generating capacity of all eligible renewable generating facilities within the service territories of the state’s three largest electrical corporations reaches 250 megawatts. Only those eligible renewable generating facilities that are providing bill credits to benefiting accounts pursuant to this section shall count toward reaching this 250-megawatt limitation. Each electrical corporation shall only be required to offer service or contracts under this section until that electrical corporation reaches its proportionate share of the 250-megawatt limitation based on the ratio of its peak demand to the total statewide peak demand of all electrical corporations. +(i) This chapter does not apply to an electrical corporation with 60,000 or fewer customer accounts. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, the Public Utilities Commission is vested with regulatory authority over public utilities. Existing law authorizes a local governmental entity, except a joint powers authority, to receive a bill credit to a designated benefiting account, for electricity exported to the electrical grid by an eligible renewable generating facility and requires the commission to adopt a rate tariff for the benefiting account. +This bill would include as a local governmental entity for this purpose a joint powers authority, except as specified. +Under existing law, a violation of the Public Utilities Act or an order or direction of the commission is a crime. Because the provisions of this bill would require an order or other action of the commission to implement and a violation of that order or action would be a crime, the bill would impose a state-mandated local program by creating a new crime. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 2830 of the Public Utilities Code, relating to renewable energy." +919,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 18601 of the Revenue and Taxation Code is amended to read: +18601. +(a) Except as provided in subdivision (b), (c), or (d), every taxpayer subject to the tax imposed by Part 11 (commencing with Section 23001) shall, on or before the 15th day of the fourth month following the close of its taxable year, transmit to the Franchise Tax Board a return in a form prescribed by it, specifying for the taxable year, all the facts as it may by rule, or otherwise, require in order to carry out this part. A tax return, disclosing net income for any taxable year, filed pursuant to Chapter 2 (commencing with Section 23101) or Chapter 3 (commencing with Section 23501) of Part 11 shall be deemed filed pursuant to the proper chapter of Part 11 for the same taxable period, if the chapter under which the return is filed is determined erroneous. +(b) In the case of cooperative associations described in Section 24404, returns shall be filed on or before the 15th day of the ninth month following the close of its taxable year. +(c) In the case of taxpayers required to file a return for a short period under Section 24634, the due date for the short period return shall be the same as the due date of the federal tax return that includes the net income of the taxpayer for that short period, or the due date specified in subdivision (a) if no federal return is required to be filed that would include the net income for that short period. +(d) (1) In the case of an “S corporation” described in Section 1361 of the Internal Revenue Code, relating to S corporation defined, returns shall be filed on or before the 15th day of the third month following the close of its taxable year. +(2) For taxable years beginning on or after January 1, 1997, each “S corporation” required to file a return under subdivision (a) for any taxable year shall, on or before the day on which the return for the taxable year was filed, furnish each person who is a shareholder at any time during the taxable year a copy of the information shown on the return. +(e) For taxable years beginning on or after January 1, 1997: +(1) A shareholder of an “S corporation” shall, on the shareholder’s return, treat a Subchapter S item in a manner that is consistent with the treatment of the item on the corporate return. +(2) (A) In the case of any Subchapter S item, paragraph (1) shall not apply to that item if both of the following occur: +(i) Either of the following occurs: +(I) The corporation has filed a return, but the shareholder’s treatment of the item on the shareholder’s return is, or may be, inconsistent with the treatment of the item on the corporate return. +(II) The corporation has not filed a return. +(ii) The shareholder files with the Franchise Tax Board a statement identifying the inconsistency. +(B) A shareholder shall be treated as having complied with clause (ii) of subparagraph (A) with respect to a Subchapter S item if the shareholder does both of the following: +(i) Demonstrates to the satisfaction of the Franchise Tax Board that the treatment of the Subchapter S item on the shareholder’s return is consistent with the treatment of the item on the schedule furnished to the shareholder by the corporation. +(ii) Elects to have this paragraph apply with respect to that item. +(3) In any case described in subclause (I) of clause (i) of subparagraph (A) of paragraph (2), and in which the shareholder does not comply with clause (ii) of subparagraph (A) of paragraph (2), any adjustment required to make the treatment of the items by the shareholder consistent with the treatment of the items on the corporate return shall be treated as arising out of a mathematical error and assessed and collected under Section 19051. +(4) For purposes of this subdivision, “Subchapter S item” means any item of an “S corporation” to the extent provided by regulations that, for purposes of Part 10 (commencing with Section 17001) or this part, the item is more appropriately determined at the corporation level than at the shareholder level. +(5) The penalties imposed under Article 7 (commencing with Section 19131) of Chapter 4 shall apply in the case of a shareholder’s negligence in connection with, or disregard of, the requirements of this section. +(f) The amendments made to this section by the act adding this subdivision shall apply to returns for taxable years beginning on or after January 1, 2016. +SEC. 2. +Section 18633 of the Revenue and Taxation Code is amended to read: +18633. +(a) (1) Every partnership, on or before the 15th day of the third month following the close of its taxable year, shall make a return for that taxable year, stating specifically the items of gross income and the deductions allowed by Part 10 (commencing with Section 17001). Except as otherwise provided in Section 18621.5, the return shall include the names, addresses, and taxpayer identification numbers of the persons, whether residents or nonresidents, who would be entitled to share in the net income if distributed and the amount of the distributive share of each person. The return shall contain or be verified by a written declaration that it is made under penalty of perjury, signed by one of the partners. +(2) In addition to returns required by paragraph (1), every limited partnership subject to the tax imposed by subdivision (b) of Section 17935, on or before the 15th day of the third month following the close of its taxable year, shall make a return for that taxable year, containing the information identified in paragraph (1). In the case of a limited partnership not doing business in this state, the Franchise Tax Board shall prescribe the manner and extent to which the information identified in paragraph (1) shall be included with the return required by this paragraph. +(b) Each partnership required to file a return under subdivision (a) for any taxable year shall (on or before the day on which the return for that taxable year was required to be filed) furnish to each person who is a partner or who holds an interest in that partnership as a nominee for another person at any time during that taxable year a copy of the information required to be shown on that return as may be required by regulations. +(c) Any person who holds an interest in a partnership as a nominee for another person shall do both of the following: +(1) Furnish to the partnership, in the manner prescribed by the Franchise Tax Board, the name, address, and taxpayer identification number of that other person, and any other information for that taxable year as the Franchise Tax Board may by form and regulation prescribe. +(2) Furnish to that other person, in the manner prescribed by the Franchise Tax Board, the information provided by that partnership under subdivision (b). +(d) The provisions of Section 6031(d) of the Internal Revenue Code, relating to the separate statement of items of unrelated business taxable income, shall apply. +(e) The provisions of Section 6031(f) of the Internal Revenue Code, relating to electing investment partnerships, shall apply, except as otherwise provided. +(f) The amendments made to this section by the act adding this subdivision shall apply to returns for taxable years beginning on or after January 1, 2016. +SEC. 3. +Section 18633.5 of the Revenue and Taxation Code is amended to read: +18633.5. +(a) Every limited liability company that is classified as a partnership for California tax purposes that is doing business in this state, organized in this state, or registered with the Secretary of State shall file its return on or before the 15th day of the third month following the close of its taxable year, stating specifically the items of gross income and the deductions allowed by Part 10 (commencing with Section 17001). The return shall include the names, addresses, and taxpayer identification numbers of the persons, whether residents or nonresidents, who would be entitled to share in the net income if distributed and the amount of the distributive share of each person. The return shall contain or be verified by a written declaration that it is made under penalty of perjury, signed by one of the limited liability company members. In the case of a limited liability company not doing business in this state, and subject to the tax imposed by subdivision (b) of Section 17941, the Franchise Tax Board shall, for returns required to be filed on or after January 1, 1998, prescribe the manner and extent to which the information identified in this subdivision shall be included with the return required by this subdivision. +(b) Each limited liability company required to file a return under subdivision (a) for any limited liability company taxable year shall, on or before the day on which the return for that taxable year was required to be filed, furnish to each person who holds an interest in that limited liability company at any time during that taxable year a copy of that information required to be shown on that return as may be required by forms and instructions prescribed by the Franchise Tax Board. +(c) Any person who holds an interest in a limited liability company as a nominee for another person shall do both of the following: +(1) Furnish to the limited liability company, in the manner prescribed by the Franchise Tax Board, the name, address, and taxpayer identification number of that person, and any other information for that taxable year as the Franchise Tax Board may prescribe by forms and instructions. +(2) Furnish to that other person, in the manner prescribed by the Franchise Tax Board, the information provided by that limited liability company under subdivision (b). +(d) The provisions of Section 6031(d) of the Internal Revenue Code, relating to the separate statement of items of unrelated business taxable income, shall apply. +(e) (1) A limited liability company shall file with its return required under subdivision (a), in the form required by the Franchise Tax Board, the agreement of each nonresident member to file a return pursuant to Section 18501, to make timely payment of all taxes imposed on the member by this state with respect to the income of the limited liability company, and to be subject to personal jurisdiction in this state for purposes of the collection of income taxes, together with related interest and penalties, imposed on the member by this state with respect to the income of the limited liability company. If the limited liability company fails to timely file the agreements on behalf of each of its nonresident members, then the limited liability company shall, at the time set forth in subdivision (f), pay to this state on behalf of each nonresident member of whom an agreement has not been timely filed an amount equal to the highest marginal tax rate in effect under Section 17041, in the case of members that are individuals, estates, or trusts, and Section 23151, in the case of members that are corporations, multiplied by the amount of the member’s distributive share of the income source to the state reflected on the limited liability company’s return for the taxable period, reduced by the amount of tax previously withheld and paid by the limited liability company pursuant to Section 18662 and the regulations thereunder with respect to each nonresident member. A limited liability company shall be entitled to recover the payment made from the member on whose behalf the payment was made. +(2) If a limited liability company fails to attach the agreement or to timely pay the payment required by paragraph (1), the payment shall be considered the tax of the limited liability company for purposes of the penalty prescribed by Section 19132 and interest prescribed by Section 19101 for failure to timely pay the tax. Payment of the penalty and interest imposed on the limited liability company for failure to timely pay the amount required by this subdivision shall extinguish the liability of a nonresident member for the penalty and interest for failure to make timely payment of all taxes imposed on that member by this state with respect to the income of the limited liability company. +(3) No penalty or interest shall be imposed on the limited liability company under paragraph (2) if the nonresident member timely files and pays all taxes imposed on the member by this state with respect to the income of the limited liability company. +(f) Any agreement of a nonresident member required to be filed pursuant to subdivision (e) shall be filed at either of the following times: +(1) The time the annual return is required to be filed pursuant to this section for the first taxable period for which the limited liability company became subject to tax pursuant to Chapter 10.6 (commencing with Section 17941). +(2) The time the annual return is required to be filed pursuant to this section for any taxable period in which the limited liability company had a nonresident member on whose behalf an agreement described in subdivision (e) has not been previously filed. +(g) Any amount paid by the limited liability company to this state pursuant to paragraph (1) of subdivision (e) shall be considered to be a payment by the member on account of the income tax imposed by this state on the member for the taxable period. +(h) Every limited liability company that is classified as a corporation for California tax purposes shall be subject to the requirement to file a tax return under the provisions of Part 10.2 (commencing with Section 18401) and the applicable taxes imposed by Part 11 (commencing with Section 23001). +(i) (1) Every limited liability company doing business in this state, organized in this state, or registered with the Secretary of State, that is disregarded pursuant to Section 23038 shall file a return that includes information necessary to verify its liability under Sections 17941 and 17942, provides its sole owner’s name and taxpayer identification number, includes the consent of the owner to California tax jurisdiction, and includes other information necessary for the administration of this part, Part 10 (commencing with Section 17001), or Part 11 (commencing with Section 23001). +(2) If the owner’s consent required under paragraph (1) is not included, the limited liability company shall pay on behalf of its owner an amount consistent with, and treated the same as, the amount to be paid under subdivision (e) by a limited liability company on behalf of a nonresident member for whom an agreement required by subdivision (e) is not attached to the return of the limited liability company. +(3) (A) Except as provided in subparagraph (B), the return required under paragraph (1) shall be filed on or before the 15th day of the fourth month after the close of the taxable year of the owner subject to tax under Part 10 (commencing with Section 17001) or Chapter 2 (commencing with Section 23101) of Part 11. +(B) In the event that the owner is an “S corporation,” a partnership, or a limited liability company classified as a partnership for California tax purposes, the return required under paragraph (1) shall be filed on or before the 15th day of the third month after the close of the taxable year. +(4) For limited liability companies disregarded pursuant to Section 23038, “taxable year of the owner” shall be substituted for “taxable year” in Sections 17941 and 17942. +(j) The amendments made by Chapter 264 of the Statutes of 2005 apply to taxable years beginning on or after January 1, 2005. +(k) The amendments made to this section by the act adding this subdivision shall apply to returns for taxable years beginning on or after January 1, 2016. +SEC. 4. +Section 23281 of the Revenue and Taxation Code is amended to read: +23281. +(a) (1) When a taxpayer ceases to do business within the state during any taxable year and does not dissolve or withdraw from the state during that year, and does not resume doing business during the succeeding taxable year, its tax for the taxable year in which it resumes doing business prior to January 1, 2000, shall be the greater of the following: +(A) The tax computed upon the basis of the net income of the income year in which it ceased doing business, except where the income has already been included in the measure of a tax imposed by this chapter. +(B) The minimum tax prescribed in Section 23153. +(2) When a taxpayer ceases to do business within the state during any taxable year and does not dissolve or withdraw from the state during that year, and does not resume doing business during the succeeding taxable year, its tax for the taxable year in which it resumes doing business, on or after January 1, 2000, shall be according to or measured by its net income for the taxable year in which it resumes doing business. +(b) The tax shall be due and payable at the time the corporation resumes doing business, or on or before the due date of the return for its taxable year, whichever is later. All the provisions of this part relating to delinquent taxes shall be applicable to the tax if it is not paid on or before its due date. +(c) This section does not apply to a corporation that became subject to Chapter 3 (commencing with Section 23501) after it discontinued doing business in this state (see Section 23224.5). +(d) The amendments made to this section by the act adding this subdivision shall apply to taxable years beginning on or after January 1, 2016.","The Personal Income Tax Law requires a partnership to file an informational return on the 15th day of the 4th month following the close of its taxable year, and a limited liability company classified as a partnership to file a return of the taxes due and payable on the 15th day of the 4th month following the close of its taxable year. The Corporation Tax Law requires a taxpayer subject to that law, including an “S corporation,” to file a return on the 15th day of the 3rd month following the close of its taxable year. These tax return due dates conform to federal income tax return due dates for taxable years beginning before January 1, 2016. +This bill would require, instead, for taxable years beginning on or after January 1, 2016, a partnership and a limited liability company classified as a partnership to file a return on the 15th day of the 3rd month, and a taxpayer subject to the Corporation Tax Law, but not an “S corporation,” to file a return on the 15th day of the 4th month, following the close of its taxable year. These tax return due dates would conform to federal income tax return due dates for taxable years beginning on and after January 1, 2016.","An act to amend Sections 18601, 18633, 18633.5, and 23281 of the Revenue and Taxation Code, relating to taxation." +920,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 67386 of the Education Code is amended to read: +67386. +(a) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)), involving a student, both on and off campus. The policy shall include all of the following: +(1) An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent. +(2) A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances: +(A) The accused’s belief in affirmative consent arose from the intoxication or recklessness of the accused. +(B) The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented. +(3) A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence. +(4) A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances: +(A) The complainant was asleep or unconscious. +(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity. +(C) The complainant was unable to communicate due to a mental or physical condition. +(b) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards. At a minimum, the policies and protocols shall cover all of the following: +(1) A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality. +(2) Initial response by the institution’s personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses. +(3) Response to stranger and nonstranger sexual assault. +(4) The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate. +(5) Contacting and interviewing the accused. +(6) Seeking the identification and location of witnesses. +(7) Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate. +(8) Participation of victim advocates and other supporting people. +(9) Investigating allegations that alcohol or drugs were involved in the incident. +(10) Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institution’s student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty. +(11) The role of the institutional staff supervision. +(12) A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases. +(13) Procedures for confidential reporting by victims and third parties. +(c) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused. +(d) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institution’s policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institution’s overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy. +(e) (1) Commencing January 1, 2018, in order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall conduct annual training of their respective employees, in addition to the training required by paragraph (12) of subdivision (b), on the employee’s obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students. +(2) An employee trained pursuant to this subdivision shall be deemed to have satisfied the annual training requirement for each campus or community college district, as applicable, within each segment that the employee is employed at for that year. +(f) Outreach programming shall be included as part of every incoming student’s orientation.","Existing law requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions, in order to receive state funds for student financial assistance, to adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards, covering specified topics, including a comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases. +This bill would, commencing January 1, 2018, require those institutions, in order to receive state funds for student financial assistance, to conduct annual training of their respective employees, in addition to the training described above, on the employee’s obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students. The bill would provide that an employee trained pursuant to these provisions is deemed to have satisfied the annual training requirement for each campus or community college district, as applicable, within each segment that the employee is employed at for that year.","An act to amend Section 67386 of the Education Code, relating to student safety." +921,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 31013 of the Corporations Code is amended to read: +31013. +(a) An offer or sale of a franchise is made in this state when an offer to sell is made in this state, or an offer to buy is accepted in this state, or, if the franchisee is domiciled in this state, the franchised business is or will be operated in this state. +(b) An offer to sell is made in this state when the offer either originates from this state or is directed by the offeror to this state and received at the place to which it is directed. An offer to sell is accepted in this state when acceptance is communicated to the offeror in this state; and acceptance is communicated to the offeror in this state when the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received at the place to which it is directed. +(c) An offer to sell is not made in this state merely because (1) the publisher circulates or there is circulated on his behalf in this state any bona fide newspaper or other publication of general, regular, and paid circulation which has had more than two-thirds of its circulation outside this state during the past 12 months, or (2) a radio or television program originating outside this state is received in this state. +(d) An offer to sell is not made in this state merely because a franchisor, or a franchisor who is not then offering a franchise for sale in California and has not registered an offering under the provisions of Chapter 2 (commencing with Section 31110), secures a space at a franchise trade show from which it offers information about its products, services, or system to the general public if the franchisor or prospective franchisor does all of the following: +(1) Notifies the commissioner, in a form established by the commissioner, of its intent to attend and display its concept at the franchise trade show at least 30 days before the show and provides the commissioner with all of the following: +(A) A document, in a form established by the commissioner, that includes, at a minimum, all of the following: +(i) The franchise concept brand name and a description of the potential franchise offering. +(ii) The legal name, and, if applicable, the name under which the franchisor or prospective franchisor does or intends to do business, the address where it is domiciled, and the state or country, if outside the United States, where it is organized. +(iii) The names of the directors, trustees, general partners, principal officers, and other executives who will have management responsibility of the franchisor or prospective franchisor. +(iv) The address where the franchisor or prospective franchisor may be served legal process. +(v) Disclosure of any actions listed in Section 31115.5, against the directors, trustees, general partners, principal officers, or other executives who will have management responsibility of the franchisor or prospective franchisor. +(vi) Disclosure of any actions listed in Section 31115.5, against employees or representatives who will be attending the franchise trade show on behalf of the franchisor or prospective franchisor. +(vii) The proposed written or electronic information that the franchisor or prospective franchisor intends to distribute or use at the trade show. +(B) If the franchisor or prospective franchisor already possesses a current franchise disclosure document not yet registered in California, a copy of the franchise disclosure document. +(2) Conspicuously posts in public view within its franchise trade show booth a notice, in a form established by the commissioner, that states, at a minimum, all of the following: +(A) The franchisor or prospective franchisor is not offering a franchise for sale in California. +(B) The franchisor or prospective franchisor is not legally able to offer a franchise for sale in California. +(C) If anyone associated with the franchisor or prospective franchisor offers a franchise for sale or solicits an offer to purchase a franchise in California, that action should be reported to the commissioner. +(D) The contact information of the commissioner. +(e) The form described in paragraph (1) of subdivision (d) shall be in the form and content prescribed by the commissioner, but, at a minimum, shall state that it is unlawful for any person to offer or sell a franchise in California unless the offer of the franchise has been registered with the commissioner or is otherwise exempt. +(f) A franchisor or prospective franchisor requesting an exemption from a requirement to register pursuant to subdivisions (d) and (e) shall pay a fee of two hundred twenty-five dollars ($225) to the commissioner for each day the franchisor or prospective franchisor exhibits at the trade show. +(g) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. +SEC. 2. +Section 31013 is added to the Corporations Code, to read: +31013. +(a) An offer or sale of a franchise is made in this state when an offer to sell is made in this state, or an offer to buy is accepted in this state, or, if the franchisee is domiciled in this state, the franchised business is or will be operated in this state. +(b) An offer to sell is made in this state when the offer either originates from this state or is directed by the offeror to this state and received at the place to which it is directed. An offer to sell is accepted in this state when acceptance is communicated to the offeror in this state, and acceptance is communicated to the offeror in this state when the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received at the place to which it is directed. +(c) An offer to sell is not made in this state merely because (1) the publisher circulates or there is circulated on his behalf in this state any bona fide newspaper or other publication of general, regular, and paid circulation which has had more than two-thirds of its circulation outside this state during the past 12 months, or (2) a radio or television program originating outside this state is received in this state. +(d) This section shall become effective on January 1, 2022. +SEC. 3. +Section 31020 is added to the Corporations Code, to read: +31020. +(a) “Franchise trade show” means an event in this state, displaying multiple franchise brands and open to multiple franchisors, that is advertised to, and invites, the general public to that event where franchisors who satisfy the reasonable criteria of the franchise trade show’s organizer may secure a space from where they can inform the members of the general public in attendance about their existing and prospective products, services, or systems. +(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. +SEC. 4. +Section 31115.5 is added to the Corporations Code, to read: +31115.5. +(a) The commissioner may summarily issue a stop order denying the effectiveness of an applicant’s exemption application pursuant to subdivisions (d), (e) and (f) of Section 31013, if the commissioner finds any of the following: +(1) The proposed business model is not lawful in California. +(2) A director, trustee, general partner, principal officer, or other executive who will have management responsibility of a franchisor or prospective franchisor, or an employee or representative who will be attending the franchise trade show on behalf of the franchisor or prospective franchisor, has been any of the following: +(A) Convicted of or pleaded nolo contendere to any felony. +(B) Held liable in a civil action by final judgment of a court for fraud, embezzlement, or misappropriation of property. +(C) Previously violated any franchise law of any state. +(3) The business would constitute a misrepresentation to, or deceit or fraud of, investors. +(4) The franchisor or prospective franchisor fails to meet the requirements of subdivision (d) to (e), inclusive, of Section 31013. +(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. +SEC. 5. +Section 31117 of the Corporations Code is amended to read: +31117. +(a) Upon the entry of a stop order under Section 31115 or 31115.5, the commissioner shall promptly notify the applicant that it has been entered and of the reasons therefor and that upon receipt of written request the matter will be set down for hearing to commence within 15 business days after such receipt unless the applicant consents to a later date. If no hearing is requested within 30 days after receipt of the notice and none is ordered by the commissioner, the order will remain in effect until it is modified or vacated by the commissioner. If a hearing is requested or ordered, the commissioner, after notice and hearing in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, in connection with which the commissioner shall have all of the powers granted thereunder, may modify or vacate the order or extend it until its final determination. +(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. +SEC. 6. +Section 31117 is added to the Corporations Code, to read: +31117. +(a) Upon the entry of a stop order under Section 31115, the commissioner shall promptly notify the applicant that it has been entered and of the reasons therefor and that upon receipt of written request the matter will be set down for hearing to commence within 15 business days after such receipt unless the applicant consents to a later date. If no hearing is requested within 30 days after receipt of the notice and none is ordered by the commissioner, the order will remain in effect until it is modified or vacated by the commissioner. If a hearing is requested or ordered, the commissioner, after notice and hearing in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, in connection with which the commissioner shall have all of the powers granted thereunder, may modify or vacate the order or extend it until its final determination. +(b) This section shall become effective on January 1, 2022.","The Franchise Investment Law generally requires a franchisor to register with the Department of Business Oversight before an offer or sale of a franchise in this state and provides that a willful violation of this law is a crime. Existing law provides, among other things, that an offer or sale of a franchise is made in this state when an offer to sell is made in this state, or an offer to buy is accepted in this state, or, if the franchisee is domiciled in this state, the franchised business is or will be operated in this state. Existing law provides that an offer to sell is not made in this state merely because a radio or television program originating outside this state is received in this state. +This bill would provide, until January 1, 2020, that an offer to sell is not made in this state merely because a prospective franchisor, or a franchisor who is not then offering a franchise for sale in California and has not registered an offering under the Franchise Investment Law, secures a space at a franchise trade show from which it offers information about its products, services, or system to the general public under specified circumstances, including, among others, the payment of a fee. The bill would also define a franchise trade show for purposes of the Franchise Investment Law.","An act to amend, repeal, and add Sections 31013 and 31117 of, and to add and repeal Sections 31020 and 31115.5 of, the Corporations Code, relating to franchises." +922,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Following significant damage to school buildings in the 1933 Long Beach earthquake, the Field Act was enacted to mandate the earthquake-resistant construction of schools. +(b) The Division of the State Architect (DSA) reviews the design, construction, alteration, addition, and rehabilitation of K–12 public schools and community colleges. +(c) The DSA also monitors the safety of nonstructural components installed in school facilities. +(d) Implementation of the Field Act, as defined pursuant to Section 17281 of the Education Code, depends upon a complex interrelationship with dispersed responsibilities among state departments and agencies, school districts, local government building departments, educational institutions, and the construction industry. +(e) The South Napa earthquake struck in the early morning on August 24, 2014. Structural damage to schools was minimal. However, nonstructural damage was significant and could have been life threatening had the earthquake occurred during school hours. +(f) The earthquake highlighted dangers posed by light fixtures, unrestrained bookcases, storage units, furniture, and other similar school contents that are not subject to the Field Act’s requirements. +(g) The DSA has issued guidelines for nonstructural earthquake hazards in California schools, which include furniture and equipment. However, there are no requirements in state law similar to the requirements of the Field Act that require the DSA, local fire agencies, or school districts to inspect schools to ensure that school contents comply with the DSA nonstructural component guidelines. +(h) School classrooms should be examined to ensure that furnishings and equipment are properly located, anchored, and braced to prevent harm to pupils and school personnel, and to ensure egress from any room after an earthquake. +SEC. 2. +Chapter 8 (commencing with Section 17660) is added to Part 10.5 of Division 1 of Title 1 of the Education Code, to read: +CHAPTER 8. Nonstructural Earthquake Hazards +17660. +(a) (1) On or before January 1, 2020, each school district, county office of education, and charter school shall complete an inspection of the contents, as described in Section 17661, in areas that are accessible to or occupied by pupils, including classrooms, hallways, libraries, gymnasiums, multipurpose rooms, cafeterias, computer rooms, administrative offices, and other similar spaces in each of its school buildings located in an area of higher seismicity to assess whether the contents in each area comply with the guidelines set forth in Chapter 3 (Furniture and Equipment) of the “Guide and Checklist for Nonstructural Earthquake Hazards in California Schools,” published by the Office of Emergency Services in cooperation with the State Department of Education, the Department of General Services, and the Alfred E. Alquist Seismic Safety Commission pursuant to Section 8587.7 of the Government Code, and to develop corrective actions to bring noncompliant contents into compliance with the published guidelines. +(2) For purposes of this section, “higher seismicity” means an area with the result of .30g or greater on the California Geological Survey’s Ground Motion Interpolator found on the Department of Conservation Internet Web site. +(3) The Department of Conservation, on or before February 1, 2017, shall post instructions or a hyperlink on its Internet Web site on how to determine whether a school district, county office of education, or charter school building is located in an area of higher seismicity. +(b) (1) Within 60 days of completing the inspection for each area within a school building described in subdivision (a), a checklist of compliant and noncompliant contents shall be reported to the governing board of the school district, the county board of education, or the governing body of the charter school, as applicable. The report shall include a prioritization of noncompliant items that present an immediate and serious threat to the safety of pupils and school personnel and a set of recommended corrective actions to bring high-priority noncompliant contents into compliance with the published guidelines. +(2) The governing board of the school district, the county board of education, or the governing body of the charter school, as applicable, shall review the report in a public meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), or, in the case of a statewide charter school, the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), and shall post the report on its Internet Web site. +(c) (1) The superintendent of a school district, the county superintendent of schools, or the chief administrator of a charter school, as applicable, shall annually certify in writing to the governing board of the school district, the county board of education, or the governing body of the charter school, as applicable, which corrective actions recommended in the report submitted pursuant to paragraph (1) of subdivision (b) have been taken and completed. +(2) The certifications for each school building shall be posted to the school district’s, county office of education’s, or charter school’s Internet Web site, as applicable. +(d) If a school district, county office of education, or charter school completes an inspection pursuant to subdivision (a) before January 1, 2017, the school district, county office of education, or charter school may report the inspection and any corresponding corrective actions it takes to the governing board of the school district, the county board of education, or the governing body of the charter school, as applicable, to comply with paragraph (1) of subdivision (b). +17661. +For purposes of this chapter, “contents” includes, but is not limited to, file cabinets, bookcases, desktop and countertop equipment, equipment on carts, display cases, art objects, potted plants, aquariums, equipment on wheels or rollers, such as pianos and chalkboards, office equipment, refrigerators, vending machines, shop and gym equipment, gas cylinders, gas piping, and storage racks. +17662. +This chapter shall not be implemented unless funding is provided for its implementation in the annual Budget Act or another statute. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Field Act, generally requires the Department of General Services to supervise the design and construction of, the reconstruction or alteration of, or the addition to, a school building to ensure, among other things, that plans and specifications comply with adopted rules and regulations and building standards, including those relating to seismic safety. Existing law requires the Office of Emergency Services, in cooperation with the State Department of Education, the Department of General Services, and the Alfred E. Alquist Seismic Safety Commission, to develop an educational pamphlet for use by school personnel to identify and mitigate the risks posed by nonstructural earthquake hazards. +This bill would require each school district, county office of education, and charter school, on or before January 1, 2020, to complete an inspection of the contents in areas that are accessible to or occupied by pupils in each of its school buildings located in an area of higher seismicity, as defined, to assess whether the contents in each area comply with the guidelines set forth in the pamphlet and to develop corrective actions to bring noncompliant contents into compliance with the published guidelines. The bill would require, within 60 days of completing the inspection for each area within a school building, that a checklist of compliant and noncompliant contents be reported to the governing board of the school district, the county board of education, or the governing body of the charter school, as applicable, with a prioritization of noncompliant items that threaten the safety of pupils and school personnel and a set of recommended corrective actions to bring high-priority noncompliant contents into compliance with the published guidelines. By imposing additional duties on local educational agency officials, the bill would impose a state-mandated local program. The bill would require the Department of Conservation, on or before February 1, 2017, to post instructions or a hyperlink on its Internet Web site on how to determine whether a school district, county office of education, or charter school building is located in an area of higher seismicity. The bill would make implementation of these provisions contingent upon funding being provided in the annual Budget Act or another statute. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Chapter 8 (commencing with Section 17660) to Part 10.5 of Division 1 of Title 1 of the Education Code, relating to school facilities." +923,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19619 of the Business and Professions Code is amended to read: +19619. +(a) Since the purpose of this chapter is to encourage agriculture and the breeding of horses in this state, a California Standardbred Sires Stakes Program is hereby established for standardbred horses bred in the State of California. +(b) Horses eligible to race in the California Standardbred Sires Stakes Program shall be the offspring of a registered California standardbred stallion standing in California during an entire breeding season, or the offspring of a registered standardbred stallion standing in Iowa, Wisconsin, Minnesota, Michigan, or Maine, or the Province of Alberta, Canada. +(c) (1) Responsibility for the California Standardbred Sires Stakes Program is with the board. Administration of the California Standardbred Sires Stakes Program is the responsibility of the California Standardbred Sires Stakes Committee. The committee shall consist of five members and one alternate selected from and by the California Harness Horsemen’s Association. +(2) Administrative expenses of the committee in any given year shall not exceed 4 percent of that year’s income to the California Standardbred Sires Stakes Program, and all expenses shall be approved by the board. +(d) The board may do all that is necessary to ensure that the California Standardbred Sires Stakes Program is appropriately administered and shall prepare, issue, and adopt rules and regulations providing for all of the following: +(1) Classes and divisions of races, eligibility of horses and owners therefor, and prizes and awards to be awarded. +(2) Nominating, sustaining, and entry fees for horses and races. +(3) Registration and certification of California stallions, mares bred to those stallions, and foals produced thereby. +(4) Any other matter that is considered to be necessary and appropriate for the proper administration and implementation of the California Standardbred Sires Stakes Program. +(e) The funds for the California Standardbred Sires Stakes Program made available pursuant to Section 19491.7 and the nominating, sustaining, and entry fees provided for in this section shall be deposited with the California Standardbred Sires Stakes Committee. The committee shall distribute the funds deposited with it in accordance with this section for the purposes of the program in the manner approved by the board. +(f) Pursuant to Section 19491.7, the breakage used to fund the California Standardbred Sires Stakes Program and to increase purses shall be divided in accordance with the following criteria: +California Standardbred +Sires Stakes Program +Purses +1977 ........................ +10% +90% +1978 ........................ +20% +80% +1979 ........................ +25% +75% +1980 ........................ +50% +50% +January 1 to June 30, 1981 ........................ +75% +25% +July 1, 1981, and thereafter ........................ +100% +0% +(g) An amount equal to 10 percent of the total purses raced for in the California sires stakes races shall be awarded to the standardbred breeders of the horses that earned purse money in the California standardbred sires stakes races in proportion to the amount of purse money earned by each horse. +(h) An amount equal to 2 percent of the total purses raced for in the California sires stakes races shall be awarded to the owners of the registered California standardbred stallions that sired horses that earned purse money in the California standardbred sires stakes races in proportion to the amount of purse money earned by each horse so sired. +(i) Notwithstanding subdivision (b), the board may establish a series of races for two-year-old and three-year-old fillies that are wholly owned by a California resident on the first day of January of the year that they become two years old and are wholly owned by a California resident on the day of the race. +(j) The balance of the remaining funds, including nominating, sustaining, and entry fees, and after the expenditures described in subdivisions (e), (g), (h), and (i) have been made, shall be allocated to purses for races comprising the California Standardbred Sires Stakes Program. +(k) The schedule of races that shall comprise the California Standardbred Sires Stakes Program during each year shall be set by the board in accordance with the following criteria: +(1) California standardbred sires stakes races shall be scheduled for two-year-old or three-year-old trotters and two-year-old and three-year-old pacers at the discretion of the California Standardbred Sires Stakes Committee, except that no two-year-old races shall be held before the first day of June of any year. Races for four-year-old or aged trotters and four-year-old or aged pacers may also be scheduled. +(2) Base purses for each set of races conducted during any given year at any race meeting shall be determined by the committee. +(3) In each division of each race in the California standardbred sires stakes races, the purse shall be divided in the following manner: +1st ........................ +50% +2nd ........................ +25% +3rd ........................ +12% +4th ........................ +8% +5th ........................ +5%","(1) The Horse Racing Law establishes the California Standardbred Sires Stakes Program for standardbred horses bred in California, and provides that an offspring of a registered California standardbred stallion standing in California during an entire breeding season is eligible to race in the program. +This bill would expand eligibility to race in the program to include the offspring of registered standardbred stallions standing in Iowa, Maine, Michigan, Minnesota, or Wisconsin, or the Province of Alberta, Canada. +(2) The Horse Racing Law requires the California Horse Racing Board to set a schedule of races for the program in accordance with specified requirements, including, among other things, that races be scheduled by the California Standardbred Sires Stakes Committee, at its discretion, for 2-year-old and 3-year-old trotters, as specified, and that 2- and 3-year-old races be divided into colt and filly divisions. +This bill would instead require that races be scheduled for 2-year-old or 3-year-old trotters and would delete the requirement that 2- and 3-year-old races be divided into colt and filly divisions. +(3) The Horse Racing Law also establishes the manner of dividing the purse in California standardbred sires stakes races, and sets forth the percentages to be allocated for horses placing in the race based on the number of participating starters in a race. +This bill would establish the percentages to be allocated for horses finishing in 1st to 5th place, inclusive, regardless of the number of starters in the race.","An act to amend Section 19619 of the Business and Professions Code, relating to horse racing." +924,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 11 (commencing with Section 9149.30) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read: +Article 11. Legislative Employee Whistleblower Protection Act +9149.30. +This article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act. +9149.31. +The Legislature finds and declares that legislative employees should be free to report ethical violations without fear of retribution. +9149.32. +For the purposes of this article, the following terms have the following meanings: +(a) “Legislative employee” means an individual, other than a Member of either house of the Legislature, who is currently employed by either house of the Legislature. +(b) “Protected disclosure” means the filing of a complaint with any of the following: +(1) The Joint Legislative Ethics Committee pursuant to Section 8944, alleging a violation by a member of the Legislature. +(2) The Senate Committee on Legislative Ethics, alleging that a Member, officer, or employee of the Senate violated any standard of conduct, as defined by the standing rules of the Senate. +(3) The Assembly Legislative Ethics Committee, alleging that a Member of the Assembly violated any standard of conduct, as defined by the standing rules of the Assembly. +(4) The Assembly Rules Committee, alleging that an employee of the Assembly violated Article 2 of Chapter 1 of this part. +(5) An ethics ombudsperson designated by either house of the Legislature to receive information about potential ethical violations. +(c) “Use of official authority or influence” includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. +9149.33. +(a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that person’s official authority or influence to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command, a legislative employee for the purpose of interfering with the right of the legislative employee to make a protected disclosure. +(b) Except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year. +(c) In addition to all other penalties provided by law, except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who violates this section is liable in a civil action for damages brought by a legislative employee. +(d) This section shall not be construed to authorize an individual to disclose information otherwise prohibited by or under law. +(e) This section is not intended to prevent a supervisor, manager, or other officer of the Legislature from taking, directing others to take, recommending, or approving any personnel action or from taking or failing to take a personnel action with respect to any legislative employee if the supervisor, manager, or other officer reasonably believes any action or inaction is justified on the basis of evidence separate from the fact that the person has made a protected disclosure. +9149.34. +(a) +A legislative employee may file a written complaint with his or her supervisor or manager, or with any other officer designated by the house of the Legislature by which he or she is employed, alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts prohibited by Section 9149.33 for having made a protected disclosure. +The +(b) +The +complaint, together with a sworn statement under penalty of perjury that the contents of the complaint are true, or are believed by the affiant to be true, shall be filed within one year of the most recent improper act complained about. +(c) A recipient of a written complaint submitted pursuant to subdivision (a) shall keep the identity of complainants and witnesses confidential unless expressly authorized by those persons to reveal them, except if requested by a law enforcement agency conducting a criminal investigation. +(d) Records relating to an investigation conducted pursuant to subdivision (a), including investigative files and work product, are confidential, except if requested by a law enforcement agency conducting a criminal investigation. +(e) This section does not limit the authority conferred upon the Attorney General, any state or federal law enforcement agency, or any other commission, department, or agency authorized to investigate the Legislature. +9149.35. +(a) Except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year. +(b) For purposes of this section, “legislative employee” includes a former employee of the Legislature if the complaint is filed within one year of the most recent improper act complained about. +9149.36. +(a) In addition to all other penalties provided by law, except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee. +(b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure. +(2) Punitive damages may be awarded by the court if the acts of the offending party are proven to be malicious. If liability is established, the injured party is also entitled to reasonable attorney’s fees as provided by law. +(c) A legislative employee is not required to file a complaint pursuant to Section 9149.34 before bringing an action for civil damages. +(d) This section is not intended to prevent a supervisor, manager, or other officer of the Legislature from taking, directing others to take, recommending, or approving any personnel action or from taking or failing to take a personnel action with respect to any legislative employee if the supervisor, manager, or other officer reasonably believes any action or inaction is justified on the basis of evidence separate and apart from the fact that the person has made a protected disclosure. +(e) For purposes of this section, “legislative employee” includes a former employee of the Legislature if the complaint is filed within one year of the most recent improper act complained about. +9149.37. +This article does not diminish the rights, privileges, or remedies of a legislative employee under any other federal or state law. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides procedures for a person to file a complaint alleging violations of legislative ethics. Existing law also authorizes each house of the Legislature to adopt rules for its proceedings and to select committees necessary for the conduct of its business. +This bill would prohibit interference with the right of legislative employees, as defined, to make protected disclosures of ethics violations and would prohibit retaliation against legislative employees who have made protected disclosures. This bill would establish a procedure for legislative employees to report violations of the prohibitions to the Legislature. The bill would also impose civil and criminal liability on a person who interferes with a legislative employee’s right to make a protected disclosure or who engages in retaliatory acts, as specified. +By creating new crimes, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Article 11 (commencing with Section 9149.30) to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, relating to the Legislature." +925,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 18897 of the Revenue and Taxation Code is amended to read: +18897. +All moneys transferred to the School Supplies for Homeless Children Fund, upon appropriation by the Legislature, shall be allocated as follows: +(a) To the Franchise Tax Board, the State Department of Social Services, and the Controller for reimbursement of all costs incurred by the Franchise Tax Board, the Controller, and the State Department of Social Services in connection with their duties under this article. +(b) To the State Department of Social Services as follows: +(1) For the 2014–15 fiscal year, the Controller shall transfer the funds appropriated to the State Department of Education for this purpose from Budget Items 6110-001-8075 and 6110-101-8075 to the State Department of Social Services. Funds transferred may be used for state operations or local assistance expenditures and for distribution to a nonprofit organization exempt from federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code for the sole purpose of assisting pupils in California on a statewide basis pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) by providing school supplies and health-related products to partnering local education agencies for distribution to homeless children, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a). The nonprofit organization shall provide a minimum 100 percent match for all funds received from the School Supplies for Homeless Children Fund. If the nonprofit organization provides in-kind materials towards the 100 percent match, then the value of the in-kind materials contributing to a 100 percent match shall be verified by the donor donating the in-kind materials and cannot exceed the market value of the materials if sold at retail. The State Department of Social Services shall enter into a subvention services agreement with the nonprofit organization. +(2) The State Department of Social Services’ first designation of a nonprofit organization shall be valid until January 1, 2017. On that date, and every three calendar years thereafter, while this section is operative and in effect, the State Department of Social Services shall designate the same or a different nonprofit organization pursuant to this section. The State Department of Social Services may revoke the designation if the nonprofit organization fails to comply with the provisions of this article. If a designation is revoked, the State Department of Social Services shall designate a new nonprofit organization within three calendar months or as soon as administratively feasible. +(3) Funds shall be distributed by the State Department of Social Services only after evidence is presented to the State Department of Social Services that demonstrates that the local education agencies, domestic violence shelters, or eligible basic living centers and transitional living centers, as specified in paragraph (3) of subdivision (c), have received the materials described in paragraph (1). +(c) (1) Funds distributed to the nonprofit organization pursuant to this section shall be used only for costs incurred to procure, assemble, and ship school supplies and health-related products. Funds made available pursuant to this section shall not be used for administrative purposes, to reimburse costs associated with administering grants of school supplies and health-related products to local education agencies or domestic violence shelters, or for any purpose relating to the operation of the nonprofit organization. +(2) The nonprofit organization may provide school supplies and health-related products to children living in domestic violence shelters. +(3) The nonprofit organization may provide school supplies and health-related products to homeless children and homeless youth, as defined in Section 11139.3 of the Government Code, residing in or receiving services from eligible basic living centers and transitional living centers eligible for assistance as specified in the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.), as that act read on January 1, 2015. +(d) The State Department of Social Services shall verify that the designated nonprofit organization procured school supplies and health-related products and provided matching funds or in-kind materials as described in this section. +SEC. 2. +Section 18898 of the Revenue and Taxation Code is amended to read: +18898. +(a) Except as otherwise provided in subdivision (b), this article shall remain in effect only until January 1, 2022, and is repealed as of December 1 of that year. +(b) (1) By September 1 of the second calendar year and each subsequent calendar year that the School Supplies for Homeless Children Fund appears on the tax return, the Franchise Tax Board shall do all of the following: +(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. +(B) Provide written notification to the State Department of Social Services of the amount determined in subparagraph (A). +(C) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. +(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. +(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the School Supplies for Homeless Children Fund on the personal income tax return or the adjusted minimum contribution amount adjusted pursuant to subdivision (c). +(c) For each calendar year, beginning with the third calendar year after the first appearance of the School Supplies for Homeless Children Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows: +(1) The minimum estimated contribution amount for the calendar year shall be an amount equal to the product of the minimum estimated contribution amount for the calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. +(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041. +(d) Notwithstanding the repeal of this article, any contribution amounts designated pursuant to this article prior to its repeal shall continue to be transferred and disbursed in accordance with this article as in effect immediately prior to that repeal.","Existing law authorizes an individual to contribute amounts in excess of his or her personal income tax liability for the support of specified funds, including the School Supplies for Homeless Children Fund. Existing law requires the moneys deposited in the School Supplies for Homeless Children Fund, upon appropriation by the Legislature, to be allocated to the State Department of Social Services for distribution to a designated nonprofit organization for the sole purpose of assisting pupils in California pursuant to the federal McKinney-Vento Homeless Assistance Act, as provided. Existing law provides that this voluntary contribution remain in effect only until January 1 of the 5th taxable year in which the fund appears on the tax return or when the amount of contributions by taxpayers does not meet the minimum contribution amount, whichever occurs first. +This bill would authorize the designated nonprofit organization to provide school supplies and health-related products to homeless children and homeless youth residing in or receiving services from specified living centers and would extend the time period for the School Supplies for Homeless Children Fund to appear on the tax return to January 1, 2022, or when the amount of contributions by taxpayers does not meet the minimum contribution amount, whichever occurs first.","An act to amend Sections 18897 and 18898 of the Revenue and Taxation Code, relating to taxation." +926,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 1.6 (commencing with Section 71265) is added to Part 3 of Division 20 of the Water Code, to read: +CHAPTER 1.6. Central Basin Municipal Water District +71265. +For the purposes of this chapter: +(a) “District” means the Central Basin Municipal Water District. +(b) “Large water purveyor” means a public water system that is one of the top five purveyors of water as measured by the total purchase of potable and recycled water from the district for the three prior fiscal years. +(c) “Public water system” has the same meaning as in Section 116275 of the Health and Safety Code. +(d) “Relevant technical expertise” means employment or consulting for a total period of at least five years, prior to the date of first appointment, in one or more positions materially responsible for performing services relating to the management, operations, engineering, construction, financing, contracting, regulation, or resource management of a public water system. +(e) “Small water purveyor” means a public water system with less than 5,000 connections. +71266. +(a) Except as provided in subdivision (c) and notwithstanding any other provision of this division, the board of directors of the district shall be composed of seven directors as follows: +(1) Four directors, one director elected for each division established pursuant to subdivision (d) by the voters of the division. Each director shall be a resident of the division from which he or she is elected. An election pursuant to this paragraph shall be in accordance with the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code). +(2) Three directors appointed by the water purveyors of the district in accordance with Section 71267. +(b) The district shall be subject to Section 84308 of the Government Code. +(c) Until the directors elected at the November 8, 2022, election take office, the board of directors shall be composed of eight directors as follows: +(1) Five directors in accordance with Section 71250. +(2) Three directors appointed by the water purveyors of the district pursuant to Section 71267. +(d) The board of directors shall divide the district into four divisions in a manner as to equalize, as nearly as practicable, the population in the respective divisions pursuant to Section 71540. +71267. +(a) The general manager of the district shall notify each water purveyor of the district and provide a 60-day period during which the district will accept nominations for appointment of individuals to the board of directors. +(b) Individuals nominated for appointment to the board of directors shall demonstrate eligibility and relevant technical expertise. +(c) (1) The three directors appointed by the water purveyors shall be selected by the water purveyors of the district every four years as follows: +(A) One director shall be selected by all large water purveyors from the nominees of large water purveyors. Each large water purveyor shall have one vote. +(B) One director shall be selected by all cities that are water purveyors of the district from the nominees of cities. Each city shall have one vote. +(C) One director shall be selected by all of the water purveyors of the district from any nominee. The vote of each purveyor shall be weighted to reflect the number of service connections of that water purveyor within the district. If the selection of a director under this subparagraph would result in a violation of paragraph (2), the first eligible candidate receiving the next highest number of votes shall be selected. +(2) The appointment of directors pursuant to paragraph (1) shall not result in any of the following: +(A) The appointment of three directors that are all employed by or representatives of entities that are all large water purveyors. +(B) The appointment of three directors that are all employed by or representatives of entities that are all cities. +(C) The appointment of three directors that are all employed by or representatives of entities that are all small water purveyors. +(3) Each nominee for director who receives the highest number of votes cast for each office described in paragraph (1) is appointed as a director to the board of directors and shall take office in accordance with Section 71512. The general manager shall collect the votes and report the results to the water purveyors. Votes for an appointed director are public records. +(d) Each appointed director shall live or work within the district. +(e) In order to ensure continuity of knowledge, the directors appointed at the first purveyor selection shall classify themselves by lot so that two of them shall hold office until the selection of their successors at the first succeeding purveyor selection and one of them shall hold office until the selection of his or her successor at the second succeeding purveyor selection. +(f) (1) The term of a director appointed pursuant to subparagraph (A) of paragraph (1) of subdivision (c) is terminated if the appointed director no longer is employed by or a representative of a large water purveyor. +(2) The term of a director appointed pursuant to subparagraph (B) of paragraph (1) of subdivision (c) is terminated if the appointed director no longer is employed by or a representative of a city. +(3) The term of a director appointed pursuant to subparagraph (C) of paragraph (1) of subdivision (c) is terminated if the appointed director no longer is employed by or a representative of a water purveyor. +(g) (1) An appointed director shall not do any of the following: +(A) Hold an elected office. +(B) Hold more than 0.5 percent ownership in a company regulated by the Public Utilities Commission. +(C) Hold more than one consecutive term of office on the board. +(2) An appointed director shall be subject to all applicable conflict-of-interest and ethics provisions and shall recuse himself or herself from participating in a decision that could have a direct material benefit on the financial interests of the director. +(h) A vacancy in an office of appointed director shall be filled in accordance with the selection process described in subdivisions (a) to (c), inclusive. +(i) (1) An appointed director shall be eligible for all of the following: +(A) Reimbursement for travel and conference expenses pursuant to the Central Basin Municipal Water District Administrative Code. +(B) Compensation for up to 10 meetings per month at the per meeting rate provided by the Central Basin Municipal Water District Administrative Code. +(C) Health insurance benefits, if those benefits are not provided by the director’s employer. +(2) An appointed director shall not be eligible to receive communication or car allowances. For purposes of this paragraph, “car allowances” does not include travel expenses incurred as described in paragraph (1). +(3) An appointed director may waive the reimbursement and compensation described in paragraph (1) and may be required to reimburse his or her employer for any compensation received. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 3. +This act shall only become operative if Senate Bill 953 of the 2015–16 Regular Session is enacted and becomes effective.","Existing law, the Municipal Water District Law of 1911, provides for the formation of municipal water districts and grants to those districts’ specified powers. Existing law permits a district to acquire, control, distribute, store, spread, sink, treat, purify, recycle, recapture, and salvage any water for the beneficial use of the district, its inhabitants, or the owners of rights to water in the district. Existing law requires the board of directors of a district to consist of 5 members and each director to be a resident of the division from which the director is elected. +This bill would require the board of directors of the Central Basin Municipal Water District to be composed of 8 directors until the directors elected at the November 8, 2022, election take office, when the board would be composed of 7 directors, as prescribed. By imposing new duties on the district, this bill would create a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +This bill would make its operation contingent on the enactment of SB 953 of the 2015–16 Regular Session.","An act to add Chapter 1.6 (commencing with Section 71265) to Part 3 of Division 20 of the Water Code, relating to municipal water districts." +927,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 104150 of the Health and Safety Code is amended to read: +104150. +(a) (1) A provider or entity that participates in the grant made to the department by the federal Centers for Disease Control and Prevention breast and cervical cancer early detection program established under Title XV of the federal Public Health Service Act (42 U.S.C. Sec. 300k et seq.) in accordance with requirements of Section 1504 of that act (42 U.S.C. Sec. 300n) may only render screening services under the grant to an individual if the provider or entity determines that the individual’s family income does not exceed 200 percent of the federal poverty level. +(2) Providers, or the enrolling entity, shall make available to all applicants and beneficiaries, prior to or concurrent with enrollment, information on the manner in which to apply for insurance affordability programs, in a manner determined by the State Department of Health Care Services. The information shall include the manner in which applications can be submitted for insurance affordability programs, information about the open enrollment periods for the California Health Benefit Exchange, and the continuous enrollment aspect of the Medi-Cal program. +(b) (1) The department shall provide for breast cancer and cervical cancer screening services under the grant at the level of funding budgeted from state and other resources during the fiscal year in which the Legislature has appropriated funds to the department for this purpose. These screening services shall not be deemed to be an entitlement. +(2) The following individuals shall be eligible for breast cancer screening and diagnostic services pursuant to this section if they meet all other eligibility requirements: +(A) An individual of any age who is symptomatic. +(B) An individual whose age is within the age range for routine breast cancer screening, as recommended by the United States Preventive Services Task Force, subject to any federal action relating to breast cancer screening that overrides those recommendations. +(3) For purposes of this section, “symptomatic” means an individual presenting with an abnormality or change in the look or feel of the breast, including, but not limited to, a lump, a hard knot, thickening or swelling of the breast tissue, a change in the color, size, or shape of the breast, or any discharge from the nipple. +(c) To implement the federal breast and cervical cancer early detection program specified in this section, the department may contract, to the extent permitted by Section 19130 of the Government Code, with public and private entities, or utilize existing health care service provider enrollment and payment mechanisms, including the Medi-Cal program’s fiscal intermediary. However, the Medi-Cal program’s fiscal intermediary shall only be utilized if services provided under the program are specifically identified and reimbursed in a manner that does not claim federal financial reimbursement. Any contracts with, and the utilization of, the Medi-Cal program’s fiscal intermediary shall not be subject to Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code. Contracts to implement the federal breast and cervical cancer early detection program entered into by the department with entities other than the Medi-Cal program’s fiscal intermediary shall not be subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. +(d) The department shall enter into an interagency agreement with the State Department of Health Care Services to transfer that portion of the grant made to the department by the federal Centers for Disease Control and Prevention breast and cervical cancer early detection program established under Title XV of the federal Public Health Service Act (42 U.S.C. Sec. 300k et seq.) to the State Department of Health Care Services. The department shall have no other liability to the State Department of Health Care Services under this article. +SEC. 2. +Section 104161.1 of the Health and Safety Code is amended to read: +104161.1. +(a) When an individual is made eligible for treatment services under this article due to a diagnosis of breast cancer, the period of coverage shall not exceed 18 months of treatment. After 18 months, the individual’s eligibility for treatment services for the cancer condition that made this individual eligible concludes. +(b) When an individual is made eligible for treatment services under this article due to a diagnosis of cervical cancer, the period of coverage shall not exceed 24 months of treatment. After 24 months, the individual’s eligibility for treatment services for the cancer condition that made this individual eligible concludes. +(c) If an individual is diagnosed with a reoccurrence of breast cancer or cervical cancer, whether at the original cancer site or a different cancer site, and meets all other applicable eligibility requirements, the individual shall be eligible for an additional period of treatment coverage, as described in subdivision (a) or (b), respectively.","Existing law requires the State Department of Health Care Services to perform various health functions, including providing breast and cervical cancer screening and treatment for low-income individuals. Existing law defines “period of coverage” as beginning when an individual is made eligible for a covered condition and not to exceed 18 or 24 months, respectively, for a diagnosis of breast cancer or a diagnosis of cervical cancer. +This bill would provide that an individual of any age who is symptomatic, as defined, or an individual whose age is within the age range for routine breast cancer screening, as specified, and who meets all other eligibility requirements is eligible for breast cancer screening and diagnostic services pursuant to these provisions. The bill would also provide that if an individual is diagnosed with a reoccurrence of breast cancer or cervical cancer, whether at the original cancer site or a different cancer site, and meets all other applicable eligibility requirements, the individual shall be eligible for an additional period of treatment coverage, as described above.","An act to amend Sections 104150 and 104161.1 of the Health and Safety Code, relating to health care programs." +928,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 5100 of the Civil Code is amended to read: +5100. +(a) Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, the election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area pursuant to Section 4600 shall be held by secret ballot in accordance with the procedures set forth in this article. +(b) This article also governs an election on any topic that is expressly identified in the operating rules as being governed by this article. +(c) The provisions of this article apply to both incorporated and unincorporated associations, notwithstanding any contrary provision of the governing documents. +(d) The procedures set forth in this article shall apply to votes cast directly by the membership, but do not apply to votes cast by delegates or other elected representatives. +(e) In the event of a conflict between this article and the provisions of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code) relating to elections, the provisions of this article shall prevail. +(f) Directors shall not be required to be elected pursuant to this article if the governing documents provide that one member from each separate interest is a director, or if the election of directors is uncontested. For purposes of this subdivision, an election of directors is uncontested if the number of candidates for election, including write-in candidates, if applicable, does not exceed the number of directors to be elected at that election and the association has declared the election is uncontested. +(1) An association may declare an election of directors is uncontested only if all of the following procedures have been satisfied: +(A) The election rules required by Section 5105 have been adopted and complied with for the election. +(B) All declared candidates were nominated before the deadline for nominations and in accordance with all lawful provisions of the association’s governing documents. +(C) The inspector of elections has informed the board that the number of candidates does not exceed the number of directors to be elected at that election. +(D) The board votes in open session to declare the election is uncontested after a hearing during an open board meeting where members are able to make objections to the board making that declaration. +(E) At least 20 days before the board meeting for the vote to declare the election is uncontested, the association provides general notice to all members as set forth in Section 4045 of all of the following: +(i) The intention of the board to vote at a regular board meeting to declare the election of directors is uncontested, and giving date, time, and place of that board meeting. +(ii) A disclosure to members of the names of all candidates, however nominated, including self-nomination, who will be declared elected if the board declares the election is uncontested. +(iii) The right of any member to appear at the board meeting and make an objection to the board declaring the election is uncontested before the board votes on the matter. +(F) The names of all candidates, however nominated, the general notice required by subparagraph (E), any objection to the board making the declaration that the election of directors is uncontested, and the board vote declaring the election of directors is uncontested shall be recorded in the meeting minutes. +(2) (A) If the association’s governing documents provide for write-in votes on the ballot, the association shall allow 15 days after the board meeting described in subparagraph (D) of paragraph (1) for a write-in candidate to submit his or her name to the inspector of elections. In the event one or more write-in candidates are timely submitted and additional candidates result in the total number of candidates exceeding the number of directors to be elected at that election, an election shall be held pursuant to general election rules as provided in this article. If after the 15-day period the total number of candidates, including the number of write-in candidates, does not exceed the number of directors to be elected at that election, the uncontested election results shall be sealed and become effective immediately, with any write-in candidates added as members. The new board shall take office immediately following the sealing of the election. +(B) If an association’s governing documents do not provide for write-in votes on the ballot, as provided by subparagraph (A), then the association must provide at least 15 days’ general notice of a self-nomination process following the board determination described in subparagraph (D) of paragraph (1). +SEC. 2. +Section 5105 of the Civil Code is amended to read: +5105. +(a) An association shall adopt rules, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following: +(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content. +(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election. +(3) Specify the qualifications for candidates for the board and any other elected position, and procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating himself or herself for election to the board. +(4) Specify the qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents. +(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods: +(A) Appointment of the inspector or inspectors by the board. +(B) Election of the inspector or inspectors by the members of the association. +(C) Any other method for selecting the inspector or inspectors. +(6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties. +(7) Ensure that an announcement of an election and notification of nomination procedures, including self-nomination, shall be provided to all members by general notice as set forth in Section 4045 at least 60 days before any election for directors. +(8) Ensure a member +in good standing, +who satisfies +any +the +lawful +requirements specified +qualifications adopted pursuant to paragraph (3) and +by the association’s governing documents, shall not be denied the right to +vote or the right to +be a candidate for director. +(9) Ensure a member who satisfies the lawful qualifications adopted pursuant to paragraph (4) and by the association’s governing documents shall not be denied the right to vote. +(b) Notwithstanding any other law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots. +SEC. 3. +Section 5145 of the Civil Code is amended to read: +5145. +(a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues. Upon a finding that the election procedures of this article, or the adoption of and adherence to rules provided by Article 5 (commencing with Section 4340) of Chapter 3, were not followed, a court may void any results of the election. +(b) A member who prevails in a civil action to enforce the member’s rights pursuant to this article shall be entitled to reasonable attorney’s fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member of the association equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. +(c) A cause of action under Sections 5100 to 5130, inclusive, with respect to access to association resources by a candidate or member advocating a point of view, the receipt of a ballot by a member, the counting, tabulation, or reporting of, or access to, ballots for inspection and review after tabulation, or a violation of a rule required by Section 5105 may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court.","The Davis-Stirling Common Interest Development Act defines and regulates common interest developments that are not a commercial or industrial common interest development. The act requires a common interest development to be managed by an association, requires the association to select one or 3 independent 3rd parties as an inspector or inspectors of elections, and generally requires the association’s elections regarding assessments legally requiring a vote, the election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area, to be conducted by the inspector or inspectors of elections in accordance with specified rules and procedures. The act excepts from these election requirements an election of directors if the governing documents of the association provide that one member from each separate interest is a director. +This bill would additionally except from those election requirements an election of directors if the election is uncontested, as defined, and would provide a procedure for an election to be declared as uncontested. The bill adds 2 additional election requirements that would ensure an announcement of an election and notification of nomination procedures is provided in a specific manner and would ensure a member +in good standing +who meets specified qualification requirements +is not denied the right to vote or the right to be a candidate for director. The bill would authorize a cause of action alleging a violation of these and other specified election requirements to be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court.","An act to amend Sections 5100, 5105, and 5145 of the Civil Code, relating to common interest developments." +929,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares the following: +(a) It is appropriate for the Bureau of Real Estate to continue to report on its license verification Internet Web page when discipline has been imposed upon a licensee. +(b) It is appropriate for the Bureau of Real Estate to consider and grant on a case-by-case basis a licensee’s petition to discontinue the reporting of past disciplinary actions when the petitioning licensee has demonstrated to the satisfaction of the Real Estate Commissioner that the continued reporting is no longer required in order to avoid or reduce such a risk to the public. +(c) The Bureau of Real Estate may require a petitioner to pay in advance of consideration a fee to defray costs associated with consideration of the petition. +(d) Nothing in this act shall be construed to authorize or require the destruction of public records maintained pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), or to refuse a request for production of such a record. +(e) The Legislature intends by this act to establish a process by which a licensee may petition the Bureau of Real Estate to remove a notice of past discipline from the license verification Internet Web page of the bureau. +SEC. 2. +Section 10083.2 of the Business and Professions Code is amended to read: +10083.2. +(a) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department. The information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet. +(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538. +(c) Upon petition by a licensee accompanied by a fee sufficient to defray costs associated with consideration of a petition, the commissioner may remove from the posting of discipline described in subdivision (a) an item that has been posted on the bureau’s Internet Web site for no less than 10 years and for which the licensee provides evidence of rehabilitation indicating that the notice is no longer required in order to prevent a credible risk to members of the public utilizing licensed activity of the licensee. In evaluating a petition, the Commissioner shall take into consideration other violations that present a credible risk to the members of the public since the posting of discipline requested for removal. +(d) The bureau may develop, through regulations, the amount of the fee and the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation pursuant to Section 482. +(e) “Posted” for purposes of this section is defined as the date of disciplinary action taken by the bureau. +(f) The petition process described by subdivisions (c) and (d) shall commence January 1, 2018. +(g) The bureau shall maintain a list of all licensees whose disciplinary records are altered as a result of a petition approved under subdivision (c). The bureau shall make the list accessible to other licensing bodies. The bureau shall update and provide the list to other licensing bodies as often as it modifies the records displayed on its Internet Web site in response to petitions approved under subdivision (c). +SEC. 2.5. +Section 10083.2 of the Business and Professions Code is amended to read: +10083.2. +(a) (1) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). +(2) The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department. +(3) The information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet. +(4) The public information shall also include whether a licensee is an associate licensee within the meaning of subdivision (b) of Section 2079.13 of the Civil Code and, if the associate licensee is a broker, identify each responsible broker with whom the licensee is contractually associated as described in Section 10032 of this code or Section 2079.13 of the Civil Code. +(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538. +(c) Upon petition by a licensee accompanied by a fee sufficient to defray costs associated with consideration of a petition, as described in Section 10223, the commissioner may remove from the posting of discipline described in subdivision (a) an item that has been posted on the bureau’s Internet Web site for no less than 10 years and for which the licensee provides evidence of rehabilitation indicating that the notice is no longer required in order to prevent a credible risk to members of the public utilizing licensed activity of the licensee. In evaluating a petition, the commissioner shall take into consideration other violations that present a credible risk to the members of the public since the posting of discipline requested for removal. +(d) The bureau may develop, through regulations, the amount of the fee and the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation pursuant to Section 482. +(e) “Posted” for purposes of this section is defined as the date of disciplinary action taken by the bureau. +(f) The petition process described by subdivisions (c) and (d) shall commence January 1, 2018. +(g) The bureau shall maintain a list of all licensees whose disciplinary records are altered as a result of a petition approved under subdivision (c). The commissioner shall make the list accessible to other licensing bodies. The bureau shall update and provide the list to other licensing bodies as often as it modifies the records displayed on its Internet Web site in response to petitions approved under subdivision (c). +(h) This section shall become operative January 1, 2018. +SEC. 3. +Section 2.5 of this bill incorporates changes to Section 10083.2 of the Business and Professions Code proposed by both this bill and Assembly Bill 2330. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) this bill amends Section 10083.2 of the Business and Professions Code and Assembly Bill 2330 amends, repeals, and adds the section but Section 10083.2 of the Business and Professions Code, as added by Assembly Bill 2330 does not become operative until January 1, 2018, and (3) this bill is enacted after Assembly Bill 2330, in which case Section 10083.2 of the Business and Professions Code, as amended by Section 2 of this bill, shall remain operative only until January 1, 2018, at which time Section 2.5 of this bill shall become operative.","The Real Estate Law provides for the licensure and regulation of real estate brokers and real estate salespersons by the Bureau of Real Estate, headed by the Real Estate Commissioner. Fees charged and collected under the Real Estate Law, except as otherwise provided, are deposited into the Real Estate Fund and continuously appropriated for use by the commissioner, as specified. Existing law requires the commissioner to provide on the Internet specific information regarding the status of every license issued by the department. +This bill would authorize the commissioner, upon petition by a licensee accompanied by a specified fee, to remove from the posting of discipline an item that has been posted on the bureau’s Internet Web site for at least 10 years and for which the licensee provides evidence of rehabilitation indicating that the notice is no longer required to prevent a credible risk to members of the public utilizing licensed activity of the licensee. The bill would require the commissioner, in evaluating a petition, to take into consideration other violations that present a credible risk to the members of the public since the posting of discipline requested for removal, as specified. Because the fees collected pursuant to these provisions would be deposited in the Real Estate Fund, which is continuously appropriated, the bill would make an appropriation. The bill would also authorize the bureau to develop, through regulations, the amount of the fee and the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation. The bill would require the petition process to commence January 1, 2018. The bill would require the bureau to maintain a list of all licensees whose disciplinary records are altered as a result of the petition process and to update the list and make it available to other licensing bodies, as specified. +This bill would incorporate additional changes in Section 10083.2 of the Business and Professions Code proposed by AB 2330, that would become operative only if AB 2330 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Section 10083.2 of the Business and Professions Code, relating to real estate licensees, and making an appropriation therefor." +930,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 124260 of the Health and Safety Code is amended to read: +124260. +(a) As used in this section: +(1) “Mental health treatment or counseling services” means the provision of outpatient mental health treatment or counseling by a professional person, as defined in paragraph (2). +(2) “Professional person” means any of the following: +(A) A person designated as a mental health professional in Sections 622 to 626, inclusive, of Title 9 of the California Code of Regulations. +(B) A marriage and family therapist, as defined in Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code. +(C) A licensed educational psychologist, as defined in Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code. +(D) A credentialed school psychologist, as described in Section 49424 of the Education Code. +(E) A clinical psychologist licensed under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code. +(F) Any of the following persons, while working under the supervision of a licensed professional specified in Section 2902 of the Business and Professions Code: +(i) A registered psychologist, as defined in Section 2909.5 of the Business and Professions Code. +(ii) A registered psychological assistant, as defined in Section 2913 of the Business and Professions Code. +(iii) A psychology trainee, as defined in Section 1387 of Title 16 of the California Code of Regulations. +(G) A licensed clinical social worker, as defined in Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code. +(H) An associate clinical social worker, or a social work intern, as defined in Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, while working under the supervision of a licensed professional specified in paragraph (1) of subdivision (a) of Section 4996.23 of the Business and Professions Code. +(I) A person registered as a marriage and family therapist intern, or a marriage and family therapist trainee, as defined in Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, while working under the supervision of a licensed professional specified in subdivision (g) of Section 4980.03 of the Business and Professions Code. +(J) A board certified, or board eligible, psychiatrist. +(K) A licensed professional clinical counselor, as defined in Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code. +(L) A person registered as a clinical counselor intern, or a clinical counselor trainee, as defined in Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code, while working under the supervision of a licensed professional specified in subdivision (h) of Section 4999.12 of the Business and Professions Code. +(b) (1) Notwithstanding any provision of law to the contrary, a minor who is 12 years of age or older may consent to mental health treatment or counseling services if, in the opinion of the attending professional person, the minor is mature enough to participate intelligently in the mental health treatment or counseling services. +(2) A marriage and family therapist trainee, a clinical counselor trainee, a psychology trainee, or a social work intern, as specified in paragraph (2) of subdivision (a), shall notify his or her supervisor or, if the supervisor is unavailable, an on-call supervisor at the site where the trainee or intern volunteers or is employed within 24 hours of treating or counseling a minor pursuant to paragraph (1). If upon the initial assessment of the minor the trainee or intern believes that the minor is a danger to self or to others, the trainee or intern shall notify the supervisor or, if the supervisor is unavailable, the on-call supervisor immediately after the treatment or counseling session. +(3) Nothing in paragraph (2) is intended to supplant, alter, expand, or remove any other reporting responsibilities required of trainees or interns under law. +(c) Notwithstanding any provision of law to the contrary, the mental health treatment or counseling of a minor authorized by this section shall include involvement of the minor’s parent or guardian, unless the professional person who is treating or counseling the minor, after consulting with the minor, determines that the involvement would be inappropriate. The professional person who is treating or counseling the minor shall state in the client record whether and when the person attempted to contact the minor’s parent or guardian, and whether the attempt to contact was successful or unsuccessful, or the reason why, in the professional person’s opinion, it would be inappropriate to contact the minor’s parent or guardian. +(d) The minor’s parent or guardian is not liable for payment for mental health treatment or counseling services provided pursuant to this section unless the parent or guardian participates in the mental health treatment or counseling, and then only for services rendered with the participation of the parent or guardian. +(e) This section does not authorize a minor to receive convulsive treatment or psychosurgery, as defined in subdivisions (f) and (g) of Section 5325 of the Welfare and Institutions Code, or psychotropic drugs without the consent of the minor’s parent or guardian.","Existing law authorizes a minor who is 12 years of age or older to consent to outpatient mental health treatment or counseling services, notwithstanding any provision of law to the contrary, if, in the opinion of the attending professional person, the minor is mature enough to participate intelligently in those services. Existing law defines “professional person,” for the purposes of those provisions, to include, among others, a marriage and family therapist, a marriage and family therapist intern, a professional clinical counselor, a clinical counselor intern, a clinical psychologist, and a clinical social worker, as specified. +This bill would additionally authorize a marriage and family therapist trainee, a clinical counselor trainee, a registered psychologist, a registered psychological assistant, a psychology trainee, an associate clinical social worker, and a social work intern, while working under the supervision of certain licensed professionals, respectively, to provide those services. The bill would require the marriage and family therapist trainee, the clinical counselor trainee, the psychology trainee, or the social work intern to notify his or her supervisor or an on-call supervisor, as specified, at the site where the trainee or intern volunteers or is employed within 24 hours of treating or counseling a minor. The bill would require the trainee or intern, if upon the initial assessment of the minor the trainee or intern believes that the minor is a danger to self or to others, to notify the supervisor, as specified, immediately after the treatment or counseling session. The bill would also change the definition of clinical psychologist for these purposes and would make a technical, nonsubstantive change.","An act to amend Section 124260 of the Health and Safety Code, relating to minors." +931,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14557 of the Food and Agricultural Code is amended to read: +14557. +“Provisional registration” means that under certain circumstances, a label for renewal on an auxiliary soil and plant substance, packaged agricultural mineral, packaged soil amendment, organic input material, or specialty fertilizer, alone or in any combination, may be registered for a limited period of time while labels are being corrected and reprinted or during registration renewal. +SEC. 2. +Section 14601 of the Food and Agricultural Code is amended to read: +14601. +(a) Each differing label, other than weight or package size, such as changes in the guaranteed analysis, derivation statement, or anything that implies a different product, for specialty fertilizer, packaged agricultural mineral, auxiliary soil and plant substance, organic input material, and packaged soil amendment shall be registered. The department may develop a schedule for all registrations to be submitted to the department for approval, and registrations shall be valid for two years. The registration fee shall not exceed two hundred dollars ($200) per product, except for organic input material. +(b) Notwithstanding subdivision (a), the registration fee for organic input material shall not exceed five hundred dollars ($500) per product, as the registration of organic input material labels require additional departmental resources and review time to ensure that nutrient guarantees and claims are scientifically feasible and meet National Organic Program standards. Funds generated from the registration of organic input material shall be deposited into the Organic Input Materials Account in the Department of Food and Agriculture Fund and, notwithstanding Section 221, shall be available upon appropriation by the Legislature. +(c) The secretary may, based on the findings and recommendations of the board, reduce the registration fees to a lower rate that provides sufficient revenue to carry out this chapter. +(d) Registrations may not be issued without a current license. +(e) The secretary may require proof of labeling statements and other claims made for any specialty fertilizer, agricultural mineral, packaged soil amendment, organic input material, or auxiliary soil and plant substance, before the secretary registers any such product. As evidence of proof, the secretary may rely on experimental data, evaluations, or advice furnished by scientists, including scientists affiliated with the University of California, and may accept or reject additional sources of proof in the evaluation of any fertilizing material. In all cases, experimental proof shall relate to conditions in California under which the product is intended for use. +(f) The secretary may perform site inspections of organic input material manufacturing processes used to validate label nutrient guarantees, claims, and compliance with National Organic Program standards giving priority to inspecting high-risk products and manufacturers. The department may accept inspections performed by a third-party organization approved by the secretary for organic input material manufacturers. All inspection records obtained by a contracted third-party organization shall be made available to the secretary upon request. When a contracted third-party organization is conducting a site inspection, the organization shall notify the department of when the inspection is going to take place no less than 72 hours in advance of the inspection. Department representatives may be present at the inspection. +(g) (1) The secretary, after hearing, may cancel the registration of, or refuse to register, any specialty fertilizer, packaged agricultural mineral, packaged soil amendment, organic input material, or auxiliary soil and plant substance, which the secretary determines is detrimental or injurious to plants, animals, public safety, or the environment when it is applied as directed, which is known to be of little or no value for the purpose for which it is intended, or for which any false or misleading claim is made or implied. The secretary may cancel the registration of any product of any person who violates this chapter. +(2) The proceedings to determine whether to cancel or refuse registration of any of those products shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The secretary shall have all the powers that are granted pursuant to Chapter 5. +SEC. 3. +Section 14603 of the Food and Agricultural Code is amended to read: +14603. +Each application for renewal shall be accompanied by a fee not to exceed two hundred dollars ($200) for each product label. If a registration is not renewed within one calendar month following expiration, a penalty of fifty dollars ($50) per product label shall be added to the fee. +SEC. 4. +Section 14604 is added to the Food and Agricultural Code, to read: +14604. +The secretary may grant a provisional registration for a period not exceeding six months for a registered product undergoing renewal. All fees shall be paid before the issuance of any provisional registration. +SEC. 5. +Section 14681 of the Food and Agricultural Code is amended to read: +14681. +No person shall distribute misbranded fertilizing materials. A fertilizing material shall be deemed to be misbranded under any of the following conditions: +(a) If its labeling is false or misleading in any particular way. +(b) If it is distributed under the name of another fertilizing material, as determined by the department. +(c) If it is not labeled as required by regulations adopted pursuant to this chapter. +(d) If it purports to be, or is represented as, a fertilizing material, or is represented as containing a primary or secondary plant nutrient or micronutrients, or both, unless the plant nutrients conform to the definition of identity, if any, prescribed by regulation. In adopting these regulations, due regard shall be given to commonly accepted definitions and official fertilizer terms such as those prescribed by the Association of American Plant Food Control Officials.","Existing law generally regulates fertilizing materials, as defined and which includes organic input material, and provides for the licensure of individuals who manufacture or distribute fertilizing materials. Existing law requires organic input material manufacturers to be inspected at least once per year. Existing law, for purposes of those provisions, defines “provisional registration” to mean that under certain circumstances, a label for renewal on an auxiliary soil and plant substance, packaged agricultural mineral, packaged soil amendment, organic input material, or specialty fertilizer, alone or in any combination, may be registered for a limited period of time while labels are being corrected and reprinted. +This bill would provide that such a label for renewal may be registered for a limited period of time while labels are being corrected and reprinted or during registration renewal. +Existing law requires that each differing label, other than weight or package size, as described, for specialty fertilizer, packaged agricultural mineral, auxiliary soil and plant substance, organic input material, and packaged soil amendment be registered, and requires that all registrations be renewed in January of an even-numbered year, and be valid until December 31 of the following odd-numbered year, if issued in January of that same year. +This bill would delete those provisions regarding the date for renewal of those registrations and would instead authorize the Department of Food and Agriculture to develop a schedule for all registration to be submitted to the department for approval and would require that registrations be valid for 2 years. +Existing law authorizes the Secretary of Food and Agriculture to perform site inspections of organic input material manufacturing processes used to validate label nutrient guarantees, claims, and compliance with specified federal standards during the registration process, and to accept inspections performed by a 3rd-party organization recognized by the National Organic Program for out-of-state organic input material manufacturers. Existing law requires all inspection records obtained by the 3rd-party organization to be made available to the secretary upon request. +This bill would eliminate the requirement that organic input material manufacturers be inspected at least once per year, and would delete the limitation that the secretary is authorized to perform site inspections of organic input material manufacturing processes only during the registration process. The bill would provide that those site inspections give priority to inspecting high-risk products and manufacturers. The bill would authorize the Department of Food and Agriculture to accept inspections performed by a 3rd-party organization approved by the secretary for organic input material manufacturers. The bill would require all inspection records obtained by a contracted 3rd-party organization to be made available to the secretary upon request. +This bill would authorize the secretary to grant a provisional registration for a period not exceeding 6 months for a registered product undergoing renewal. The bill would make various changes to the dates during which registration and renewals are valid. +Existing law prohibits a person from distributing a misbranded fertilizing material under specified conditions, including, among other things, if the misbranded fertilizing material is deemed to be distributed under the name of another fertilizing material. +This bill would revise that condition to prohibit distribution of a misbranded fertilizing material deemed to be distributed under the name of another fertilizing material, as determined by the department.","An act to amend Sections 14557, 14601, 14603, and 14681 of, and to add Section 14604 to, the Food and Agricultural Code, relating to fertilizer." +932,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 667.61 of the Penal Code is amended to read: +667.61. +(a) Except as provided in subdivision (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 25 years to life. +(b) Except as provided in subdivision (a), (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 15 years to life. +(c) This section shall apply to any of the following offenses: +(1) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261. +(2) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262. +(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. +(4) Lewd or lascivious act, in violation of subdivision (b) of Section 288. +(5) Sexual penetration, in violation of subdivision (a) of Section 289. +(6) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286. +(7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 288a. +(8) Lewd or lascivious act, in violation of subdivision (a) of Section 288. +(9) Continuous sexual abuse of a +child, +child +in violation of Section 288.5. +(10) Rape, in violation of paragraph (1) of subdivision (a) of Section 261, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. +(11) Sexual penetration, in violation of subdivision (b) of Section 289, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. +(12) Sodomy, in violation of subdivision (g) of Section 286, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. +(13) Oral copulation, in violation of subdivision (g) of Section 288a, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. +(d) The following circumstances shall apply to the offenses specified in subdivision (c): +(1) The defendant has been previously convicted of an offense specified in subdivision (c), including an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c). +(2) The defendant kidnapped the victim of the present offense and the movement of the victim substantially increased the risk of harm to the victim over and above that level of risk necessarily inherent in the underlying offense in subdivision (c). +(3) The defendant inflicted aggravated mayhem or torture on the victim or another person in the commission of the present offense in violation of Section 205 or 206. +(4) The defendant committed the present offense during the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, with intent to commit an offense specified in subdivision (c). +(5) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (2), (3), or (4) of this subdivision. +(6) The defendant personally inflicted great bodily injury on the victim or another person in the commission of the present offense in violation of Section 12022.53, 12022.7, or 12022.8. +(7) The defendant personally inflicted bodily harm on the victim who was under 14 years of age. +(e) The following circumstances shall apply to the offenses specified in subdivision (c): +(1) Except as provided in paragraph (2) of subdivision (d), the defendant kidnapped the victim of the present offense in violation of Section 207, 209, or 209.5. +(2) Except as provided in paragraph (4) of subdivision (d), the defendant committed the present offense during the commission of a burglary in violation of Section 459. +(3) The defendant personally used a dangerous or deadly weapon or a firearm in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5, or 12022.53. +(4) The defendant has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim. +(5) The defendant engaged in the tying or binding of the victim or another person in the commission of the present offense. +(6) The defendant administered a controlled substance to the victim in the commission of the present offense in violation of Section 12022.75. +(7) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (1), (2), (3), (5), or (6) of this subdivision or paragraph (6) of subdivision (d). +(f) If only the minimum number of circumstances specified in subdivision (d) or (e) that are required for the punishment provided in subdivision (a), (b), (j), (l), or (m) to apply have been pled and proved, that circumstance or those circumstances shall be used as the basis for imposing the term provided in subdivision (a), (b), (j), (l), or (m) whichever is greater, rather than being used to impose the punishment authorized under any other provision of law, unless another provision of law provides for a greater penalty or the punishment under another provision of law can be imposed in addition to the punishment provided by this section. However, if any additional circumstance or circumstances specified in subdivision (d) or (e) have been pled and proved, the minimum number of circumstances shall be used as the basis for imposing the term provided in subdivision (a), (j), or (l) and any other additional circumstance or circumstances shall be used to impose any punishment or enhancement authorized under any other provision of law. +(g) Notwithstanding Section 1385 or any other provision of law, the court shall not strike any allegation, admission, or finding of any of the circumstances specified in subdivision (d) or (e) for any person who is subject to punishment under this section. +(h) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person who is subject to punishment under this section. +(i) For any offense specified in paragraphs (1) to (7), inclusive, of subdivision (c), or in paragraphs (1) to (6), inclusive, of subdivision (n), the court shall impose a consecutive sentence for each offense that results in a conviction under this section if the crimes involve separate victims or involve the same victim on separate occasions +, +as defined in subdivision (d) of Section 667.6. +(j) (1) Any person who is convicted of an offense specified in subdivision (c), with the exception of a violation of subdivision (a) of Section 288, upon a victim who is a child under 14 years of age under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), shall be punished by imprisonment in the state prison for life without the possibility of parole. Where the person was under 18 years of age at the time of the offense, the person shall be punished by imprisonment in the state prison for 25 years to life. +(2) Any person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e), upon a victim who is a child under 14 years of age, shall be punished by imprisonment in the state prison for 25 years to life. +(k) As used in this section, “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit an offense specified in subdivision (c). +(l) Any person who is convicted of an offense specified in subdivision (n) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), upon a victim who is a +minor +minor, +14 years of age or +older +older, +shall be punished by imprisonment in the state prison for life without the possibility of parole. If the person who was convicted was under 18 years of age at the time of the offense, he or she shall be punished by imprisonment in the state prison for 25 years to life. +(m) Any person who is convicted of an offense specified in subdivision (n) under one of the circumstances specified in subdivision (e) against a +minor +minor, +14 years of age or +older +older, +shall be punished by imprisonment in the state prison for 25 years to life. +(n) Subdivisions (l) and (m) shall apply to any of the following offenses: +(1) Rape, in violation of paragraph (2) of subdivision (a) of Section 261. +(2) Spousal rape, in violation of paragraph (1) of subdivision (a) of Section 262. +(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. +(4) Sexual penetration, in violation of paragraph (1) of subdivision (a) of Section 289. +(5) Sodomy, in violation of paragraph (2) of subdivision (c) of Section 286, or in violation of subdivision (d) of Section 286. +(6) Oral copulation, in violation of paragraph (2) of subdivision (c) of Section 288a, or in violation of subdivision (d) of Section 288a. +(7) Rape, in violation of paragraph (1) of subdivision (a) of Section 261, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. +(8) Sexual penetration, in violation of subdivision (b) of Section 289, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. +(9) Sodomy, in violation of subdivision (g) of Section 286, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. +(10) Oral copulation, in violation of subdivision (g) of Section 288a, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. +(o) The penalties provided in this section shall apply only if the existence of any circumstance specified in subdivision (d) or (e) is alleged in the accusatory pleading pursuant to this section, and is either admitted by the defendant in open court or found to be true by the trier of fact. +SEC. 2. +Section 667.9 of the Penal Code is amended to read: +667.9. +(a) Any person who commits one or more of the crimes specified in subdivision (c) against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under the age of 14 years, and that disability or condition is known or reasonably should be known to the person committing the crime, shall receive a one-year enhancement for each violation. +(b) Any person who commits a violation of subdivision (a) and who has a prior conviction for any of the offenses specified in subdivision (c), shall receive a two-year enhancement for each violation in addition to the sentence provided under Section 667. +(c) Subdivisions (a) and (b) apply to the following crimes: +(1) Mayhem, in violation of Section 203 or 205. +(2) Kidnapping, in violation of Section 207, 209, or 209.5. +(3) Robbery, in violation of Section 211. +(4) Carjacking, in violation of Section 215. +(5) Rape, in violation of paragraph +(2) +(1), (2), +or (6) of subdivision (a) of Section 261. +(6) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262. +(7) Rape, spousal rape, or sexual penetration in concert, in violation of Section 264.1. +(8) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision +(d), +(d) or (g), +of Section 286. +(9) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision +(d), +(d) or (g), +of Section 288a. +(10) Sexual penetration, in violation of subdivision (a) +or (b) +of Section 289. +(11) Burglary of the first degree, as defined in Section 460, in violation of Section 459. +(d) As used in this section, “developmentally disabled” means a severe, chronic disability of a person, which is all of the following: +(1) Attributable to a mental or physical impairment or a combination of mental and physical impairments. +(2) Likely to continue indefinitely. +(3) Results in substantial functional limitation in three or more of the following areas of life activity: +(A) Self-care. +(B) Receptive and expressive language. +(C) Learning. +(D) Mobility. +(E) Self-direction. +(F) Capacity for independent living. +(G) Economic self-sufficiency. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law, as amended by Proposition 83, the Sexual Predator Punishment and Control Act (Jessica’s Law), approved by the voters at the November 7, 2006, statewide general election, makes a defendant subject to imprisonment in the state prison for 25 years to life if convicted of certain crimes, including rape, sexual penetration, sodomy, oral copulation, continuous sexual abuse of a child, or rape, spousal rape, or sexual penetration in concert, if certain circumstances were present, including, among other things, in the commission of that offense, any person kidnapped the victim, tortured the victim, or committed the offense during the commission of a burglary, as specified. Existing law also makes a defendant subject to imprisonment in the state prison for 15 years to life if convicted of certain crimes, including rape, sexual penetration, sodomy, oral copulation, continuous sexual abuse of a child, or rape, spousal rape, or sexual penetration in concert, if certain circumstances were present, including, among other things, in the commission of that offense any person, except as specified in the provisions above, kidnapped the victim, committed the offense during the commission of a burglary, or used a dangerous or deadly weapon in the commission of the offense. Proposition 83 provides that the Legislature may amend the provisions of the act to expand the scope of their application or increase the punishment or penalties by a statute passed by a majority vote of each house of the Legislature. +This bill would add the crimes of rape, sexual penetration, sodomy, and oral copulation, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, to the above provisions, if the victim is developmentally disabled, as defined. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. +(2) Existing law makes a defendant subject to imprisonment in the state prison for 25 years to life if convicted of certain crimes, including rape, spousal rape or sexual penetration in concert, sexual penetration, sodomy, or oral copulation if certain circumstances were present, including, among other things, in the commission of that offense, any person kidnapped the victim, committed the offense during the commission of a burglary, or used a dangerous or deadly weapon in the commission of the offense, or under other specified circumstances, and the crime was committed against a minor 14 years of age or older. +This bill would add the crimes of rape, sexual penetration, sodomy, and oral copulation, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, to the above provisions, if the victim is developmentally disabled, as defined. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. +(3) Existing law requires that a person who commits certain enumerated crimes, including rape, sodomy, oral copulation, and sexual penetration, against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under 14 years of age, receive a one-year sentence enhancement and requires that any person having a prior conviction for any of the enumerated offenses receive a 2-year sentence enhancement. +This bill would add to the enumerated list of crimes rape, sodomy, oral copulation, and sexual penetration, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. +(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 667.61 and 667.9 of the Penal Code, relating to sex offenses." +933,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) According to the 2016 report of the Public Policy Institute of California entitled California’s Future: Health Care, significant health disparities exist among socioeconomic, racial, ethnic, and regional groups in California. African Americans and persons with a high school education or less have significantly lower life expectancies than other groups of people, and individuals in some regions of the state or in particular communities face other significant health obstacles. +(b) The ability to translate medical findings from research to practice relies largely on having robust patient participation and a diverse participation pool. A low participation rate or a homogenous participant group prevents segments of the population from benefiting from advances achieved through clinical research and creates uncertainties over the applicability of research findings. Diverse patient participation in a clinical trial depends, in part, on whether a participant can afford ancillary costs like transportation, child care, or lodging during the course of his or her participation. A national study in 2015 found that patient households making less than $50,000 annually were almost 30 percent less likely to participate in clinical trials. This disparity threatens one of the most basic ethical underpinnings of clinical research, the requirement that the benefits of research be made available equitably among all eligible individuals. +(c) California is home to the following 10 National Cancer Institute-Designated Cancer Centers that perform cancer clinical trials research: +(1) University of California, Irvine, Chao Family Comprehensive Cancer Center. +(2) City of Hope Comprehensive Cancer Center. +(3) University of California, Los Angeles, Jonsson Comprehensive Cancer Center. +(4) Salk Institute Cancer Center. +(5) Sanford Burnham Prebys Medical Discovery Institute. +(6) Stanford Cancer Institute. +(7) University of California, Davis, Comprehensive Cancer Center. +(8) University of California, San Diego, Moores Cancer Center. +(9) University of California, San Francisco, Helen Diller Family Comprehensive Cancer Center. +(10) University of Southern California, Norris Comprehensive Cancer Center. +(d) Cancer is the cause of almost one in four deaths in California. It is the second leading cause of death for Californians and the primary cause of death among Californian Asian/Pacific Islanders. A Californian will be diagnosed with cancer approximately every four minutes, and every 10 minutes a Californian will die of cancer. African American Californians in particular face disproportionally higher rates of cancer incidence and mortality compared to other races and ethnicities. +(e) Addressing barriers faced by medically underserved and underrepresented individuals in cancer and other clinical trials and improving access to survivorship resources and services through partnerships with hospitals, regional and community cancer centers, and nonprofit organizations are some of the strategies recommended by the California Dialogue on Cancer, established in 2002 by California’s Comprehensive Cancer Control Program to reduce the burden of cancer in California. +(f) According to the National Cancer Institute Cancer Clinical Trials Resource Guide, some of the barriers preventing individuals with cancer or at high risk of developing cancer from participating in clinical trials are direct and indirect financial and personal costs, including travel and child care expenses. +(g) It is the finding of the Legislature that some corporations, individuals, public and private foundations, health care providers, and other stakeholders are hesitant to contribute to, or accept funds from, programs that are organized to alleviate financial burdens faced by patients who wish to participate in clinical trials and their caregivers, due to concerns that federal regulators would view the payments made from those funds as prohibited inducements for patients to receive the health care services provided during clinical trials. +(h) It is the intent of the Legislature to enact legislation that would establish a program to authorize business, industry, public and private foundations, individuals, and other stakeholders to donate to the program described in this act, as well as to other nonprofit corporations and public charities that specialize in the enrollment, retention, and increased participation of patients in cancer clinical trials. +(i) It is the intent of the Legislature to enact legislation that would establish a program to better enable donors willing to assist clinical research participants that have documented low levels of access to health services or participation in clinical trials, face financial barriers to participation in clinical trials, or have been identified as priorities for health services, to participate in clinical trials by supporting ancillary costs to boost participation rates among the research participant populations, ensure these trials are widely accessible, improve the development of therapies, and enhance innovation. It is the intent of the Legislature that this program eliminate barriers to the participation of all patients, regardless of socioeconomic status, in clinical trials. +SEC. 2. +Part 7 (commencing with Section 101990) is added to Division 101 of the Health and Safety Code, to read: +PART 7. California Cancer Clinical Trials Program +101990. +For purposes of this part, the following definitions shall apply: +(a) “Board” means the Board of Trustees of the California Cancer Clinical Trials Program. +(b) “Eligible cancer clinical trial” means a clinical trial, as defined in Section 300gg-8(d) of Title 42 of the United States Code, that is conducted in the state, that targets cancer, and that is regulated by the United States Food and Drug Administration. +(c) “Fund” or “clinical trials fund” refers to a fund established by or on behalf of the program administrator to support the program. +(d) “Program” means the California Cancer Clinical Trials Program. +(e) “Program administrator” means the institute or office designated by the University of California pursuant to subdivision (a) of Section 101991. +(f) “Program grant recipient” means an organization that receives support from the fund to carry out the purposes of this part. +(g) “University” means the University of California. +101991. +The university is hereby requested to do all of the following: +(a) Establish or designate an institute or office within the university to administer the program. +(b) Establish the board, to consist of at least five members, appointed by the president of the university to represent institutions and individuals performing, participating in, and supporting eligible cancer clinical trials in California. +(1) The members shall have varying backgrounds to promote the purposes of this part. +(2) The board shall be qualified through the experience, expertise, and diversity of its members in the design, implementation, and support of clinical trials, and through studying and addressing socioeconomic, ethnic or racial, regional, and other barriers to participation and interventions to remove those barriers. +(3) Efforts shall be made to include representatives of a range of public and private research institutions, health care providers, health care foundations, and patient advocacy organizations. +(4) All persons appointed to the board shall have an interest in increasing and diversifying access to eligible cancer clinical trials and the ability and desire to solicit funds for the purpose of increasing and diversifying access to clinical trials as provided in this part. +(5) Members of the board shall serve without compensation. A board member shall be reimbursed for any actual, necessary, and reasonable expenses incurred in connection with his or her duties as a board member. +(6) (A) The program administrator may adjust administrative costs available for use in the program based on the size of the program and the funds that are received. +(B) Notwithstanding subparagraph (A), the program administrator shall use no more than 20 percent of the funds that are made available for the program for administrative costs. +(C) Notwithstanding subparagraph (B), in the first year of the program, the program administrator may use more than 20 percent of the funds for administrative costs, in order to fund the costs of establishing the program. +(c) Publicize to National Cancer Institute-Designated Cancer Centers, community organizations, hospitals, hospital associations, industry, health care foundations, and government agencies, the opportunity to submit nominations for board membership to the president of the university. +(d) Publicize the availability of grants made available through the program to organizations described in subdivision (a) of Section 101994.5. +101992. +(a) The university may participate in the program as the program administrator, a beneficiary, or both. +(b) Prior to establishing the program, the university may pursue any federal, state, or internal approvals, authorizations, or advice it deems necessary to the university’s participation. +(c) The university may decline to establish or participate in the program. +(d) The university may terminate the program if it determines that the program is not viable. +101993. +(a) The program administrator, directly or through a university-affiliated foundation, may solicit funds from business, industry, foundations, research organizations, federal government agencies, individuals, and other private sources for the purpose of administering the program and awarding grants to increase patient access to clinical trials targeting cancer, consistent with guidelines established by the board. +(b) (1) Subject to paragraph (2), only funds from federal or private sources may be used to administer the program or award grants. +(2) The university may use its own state source funds for oversight and administration of the program relating to the initial start-up costs of the program only, provided the university is reimbursed from federal or private sources funds. +101993.5. +Any funds, personnel, facility, equipment, or other resources that are allocated by the university to establish and operate the program shall be reimbursed to the university, from moneys donated to the fund, prior to distribution by the program of any grants to any entity that is designated under subdivision (a) of Section 101994.5. +101994. +Upon the program administrator’s receipt of at least five hundred thousand dollars ($500,000) in funding for the program, the program administrator shall establish the fund and the Cancer Clinical Trials Grant Program to increase patient access to eligible cancer clinical trials in underserved or disadvantaged communities and populations, including among women and patients from racial and ethnic minority communities and socioeconomically disadvantaged communities. +101994.5. +(a) The board shall determine the criteria to award and administer grants to support program grant recipients. The board may award grants to any or all of the following: +(1) Public and private research institutions and hospitals that conduct eligible cancer clinical trials. +(2) Nonprofit organizations that are exempt from taxation under Section 501(c) of the Internal Revenue Code and that do either of the following: +(A) Specialize in direct patient support for improved clinical trial enrollment and retention. +(B) Engage in research on health disparities and their relationship to clinical trial enrollment. +(b) Grants awarded pursuant to subdivision (a) shall be used for activities to increase patient access to eligible cancer clinical trials, including, but not limited to, any of the following: +(1) Patient navigator services or programs. +(2) Education and community outreach. +(3) Patient-friendly technical tools to assist patients in identifying available clinical trials. +(4) Counseling services for clinical trial participants. +(5) Well-being services for clinical trial participants, including, but not limited to, physical therapy, pain management, stress management, and nutrition management. +(6) Payment of ancillary costs for patients and caregivers, including, but not limited to, all of the following during and related to participation in the clinical trial: +(A) Airfare. +(B) Lodging. +(C) Rental automobile and fuel for the automobile. +(D) Local public transportation by bus, train, or other public transportation. +(E) Meals. +(F) Dependent child care. +(7) Research on the effectiveness of these and other measures to increase patient access to clinical trials. +(c) When determining program grant recipients pursuant to subdivision (a), the board is encouraged to grant special consideration to public or nonprofit applicants that provide patient services related to cancer clinical trials that address health disparities or that possess two or more years’ experience in the improvement of enrollment, retention, or participation in cancer clinical trial participation with an emphasis on underserved populations. +101995. +(a) The program administrator shall require grantees to submit any reports it deems necessary to ensure the appropriate use of funds consistent with the purposes of this part and the terms of any grant awards. +(b) The university may require the board to submit reports pertaining to the program’s and the board’s activities to the Regents of the University of California, including, but not limited to, the following information: +(1) An accounting of funds collected and expended. +(2) An evaluation of the program. +(3) Recommendations regarding the program. +101996. +(a) If the university determines at any time that the moneys in the fund are insufficient to establish or sustain the program, the university may terminate the program. +(b) If the fund does not receive five hundred thousand dollars ($500,000) or more by January 1, 2021, or, if at any time, the program administrator determines that the 20 percent limit on administrative costs set forth in subparagraph (B) of paragraph (6) of subdivision (b) of Section 101991 is inadequate to support the cost of administering the program authorized pursuant to this part, the program administrator may elect to dissolve the program. +(c) All moneys in the fund remaining after expenses are paid shall, prior to dissolution, be allocated to one or more organizations described in subdivision (a) of Section 101994.5. +101997. +This part does not preclude the university from establishing or operating one or more similar programs to facilitate participation in any clinical trials, as defined in Section 300gg-8(d) of Title 42 of the United States Code.","Existing law, the Inclusion of Women and Minorities in Clinical Research Act, requires a grantee, defined to include, but not be limited to, a college or university that conducts clinical research using state funds, to ensure that women and minority groups are included as subjects in each research project, except as provided. Existing law establishes the University of California. +This bill would provide for the establishment of the California Cancer Clinical Trials Program and would request that the University of California establish or designate an institute or office within the university to administer the program, which would be governed by a board of at least 5 members appointed by the president of the university. The bill would authorize the program administrator to solicit funds from various specified sources for purposes of the program and would require the program administrator, upon receipt of at least $500,000 in funding, to establish the Cancer Clinical Trials Grant Program to increase patient access to eligible cancer clinical trials in underserved or disadvantaged communities and populations, as specified.","An act to add Part 7 (commencing with Section 101990) to Division 101 of the Health and Safety Code, relating to clinical trials." +934,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 655.1 of the Harbors and Navigation Code is amended to read: +655.1. +(a) As used in this section, “mechanically propelled vessel” means any vessel actively propelled by machinery, whether or not the machinery is the principal source of propulsion. +(b) (1) A peace officer, having reasonable cause to believe that any person was operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug, who lawfully arrests the person for any violation of subdivision (b), (c), (d), (e), or (f) of Section 655, may request that person to submit to chemical testing of his or her blood, breath, or urine for the purpose of determining the drug or alcoholic content of the blood. +(2) The arrested person shall be advised of all of the following: +(A) A criminal complaint may be filed against him or her for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. +(B) He or she has a right to refuse chemical testing. +(C) An officer has the authority to seek a search warrant compelling the arrested person to submit a blood sample as described in paragraph (16) of subdivision (a) of Section 1524 of the Penal Code. +(D) He or she does not have the right to have an attorney present before stating whether he or she will submit to the chemical testing, before deciding which chemical test or tests to take, or during the administration of the chemical test or tests chosen. +(c) If the person is lawfully arrested for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage and submits to the chemical testing, the person has the choice of whether the chemical test shall be of his or her blood or breath and the person shall be advised by the arresting officer that he or she has that choice. If the person arrested either is incapable, or states that he or she is incapable, of completing the chosen test, the person shall submit to the remaining test. If a blood or breath test, or both, are unavailable, then subdivision (n) applies. +(d) If the person is lawfully arrested for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of any drug or the combined influence of an alcoholic beverage and any drug and submits to the chemical testing, the person has the choice of whether the chemical test shall be of his or her blood, breath, or urine, and the officer shall advise the person that he or she has that choice. +(e) A person who chooses to submit to a breath test may also be requested to submit to a blood or urine test if the arresting officer has reasonable cause to believe that the person was operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of any drug, or the combined influence of an alcoholic beverage and any drug, and if the arresting officer has a clear indication that a blood or urine test will reveal evidence of the person being under the influence. The arresting officer shall state in his or her report the facts upon which that belief and that clear indication are based. The person shall have the choice of submitting to and completing a blood or urine test, and shall be advised by the arresting officer that he or she is requested to submit to an additional test, and that he or she may choose a test of either blood or urine. If the person arrested is either incapable, or states that he or she is incapable, of completing either chosen chemical test, the person shall submit to and complete the other remaining chemical test. +(f) (1) A person who chooses to submit to a breath test shall be advised before or after the breath test that the breath-testing equipment does not retain any sample of the breath, and that no breath sample will be available after the breath test which could be analyzed later by the person or any other person. +(2) The person shall also be advised that, because no breath sample is retained, the person will be given an opportunity to provide a blood or urine sample that will be retained at no cost to the person so that there will be something retained that may be subsequently analyzed for the alcoholic content of the persons’s blood. If the person completes a breath test and wishes to provide a blood or urine sample to be retained, the sample shall be collected and retained in the same manner as if the person had chosen a blood or urine test initially. +(3) The person shall also be advised that the blood or urine sample may be tested by either party in any criminal prosecution. The failure of either party to perform this chemical test shall place no duty upon the opposing party to perform the chemical test nor affect the admissibility of any other evidence of the drug or alcoholic content of the blood of the person arrested. +(g) If the person is lawfully arrested for any offense allegedly committed in violation of subdivision (b), (c), (d), (e), or (f) of Section 655, and because of the need for medical treatment, the person is first transported to a medical facility where it is not feasible to administer a particular chemical test of, or to obtain a particular sample of, the person’s blood, breath, or urine, the person has the choice of submitting to those chemical tests which are available at the facility to which that person has been transported. In this event, the arresting officer shall advise the person of those chemical tests which are available at the medical facility, and that the person’s choice is limited to those chemical tests which are available. +(h) Any person who is unconscious or otherwise in a condition rendering him or her incapable of refusal may be subjected to chemical testing of his or her blood, breath, or urine for the purpose of determining the drug or alcoholic content of the blood, whether or not the person is advised of the information specified in paragraph (2) of subdivision (b). +(i) Any person who is afflicted with hemophilia is exempt from the blood test provided for in this section. +(j) Any person who is afflicted with a heart condition and is using an anticoagulant under the direction of a licensed physician and surgeon is exempt from the blood test provided for in this section. +(k) A person lawfully arrested for any offense allegedly committed while the person was operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device in violation of subdivision (b), (c), (d), (e), or (f) of Section 655 may request the arresting officer to have a chemical test made of his or her blood or breath for the purpose of determining the drug or alcoholic content of the blood and, if so requested, the arresting officer shall have the chemical test performed. However, if a blood or breath test, or both, are unavailable, then subdivision (n) applies. +(l) Any chemical test of blood, breath, or urine to determine the percentage, by weight, of alcohol in the blood shall be performed in accordance with Section 23158 of the Vehicle Code. +(m) Nothing in this section limits the authority of a peace officer to gather evidence from a person lawfully arrested for a violation of subdivision (b), (c), (d), (e), or (f) of Section 655. +(n) If a blood or breath test is not available under paragraph (1) of subdivision (c) or under subdivision (k), the person shall submit to the remaining test in order to determine the percentage, by weight, of alcohol in the person’s blood. If both the blood and breath tests are unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law makes it unlawful for any person to operate a vessel or water-related device while under the influence of an alcoholic beverage or any drug, or both. Existing law directs the administration of a chemical test that is used to analyze an individual’s breath, blood, or urine for evidence of drug or alcohol use when the individual is arrested for these actions. Existing law requires the arrested individual to be informed that a refusal to submit to, or failure to complete, the required chemical testing may be used against the person in court and that the court, upon convicting the arrested individual, may impose increased penalties for his or her refusal or failure. +This bill would instead require the arrested individual to be advised that a criminal complaint may be filed against him or her for operating a vessel or water-related device while under the influence of an alcoholic beverage or any drug, or both; that he or she has a right to refuse chemical testing; and that the officer has the authority to seek a search warrant compelling him or her to submit a blood sample. By imposing new duties on local peace officers, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 655.1 of the Harbors and Navigation Code, relating to vessels." +935,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 399.13 of the Public Utilities Code is amended to read: +399.13. +(a) (1) The commission shall direct each electrical corporation to annually prepare a renewable energy procurement plan that includes the matter in paragraph (5), to satisfy its obligations under the renewables portfolio standard. To the extent feasible, this procurement plan shall be proposed, reviewed, and adopted by the commission as part of, and pursuant to, +a +the +general procurement plan +process. +process (Sections 454.5 to 454.55, inclusive). +The commission shall require each electrical corporation to review and update its renewable energy procurement plan as it determines to be necessary. The commission shall require all other retail sellers to prepare and submit renewable energy procurement plans that address the requirements identified in paragraph (5). +(2) Every electrical corporation that owns electrical transmission facilities shall annually prepare, as part of the Federal Energy Regulatory Commission Order 890 process, and submit to the commission, a report identifying any electrical transmission facility, upgrade, or enhancement that is reasonably necessary to achieve the renewables portfolio standard procurement requirements of this article. Each report shall look forward at least five years and, to ensure that adequate investments are made in a timely manner, shall include a preliminary schedule when an application for a certificate of public convenience and necessity will be made, pursuant to Chapter 5 (commencing with Section 1001), for any electrical transmission facility identified as being reasonably necessary to achieve the renewable energy resources procurement requirements of this article. Each electrical corporation that owns electrical transmission facilities shall ensure that project-specific interconnection studies are completed in a timely manner. +(3) The commission shall direct each retail seller to prepare and submit an annual compliance report that includes all of the following: +(A) The current status and progress made during the prior year toward procurement of eligible renewable energy resources as a percentage of retail sales, including, if applicable, the status of any necessary siting and permitting approvals from federal, state, and local agencies for those eligible renewable energy resources procured by the retail seller, and the current status of compliance with the portfolio content requirements of subdivision (c) of Section 399.16, including procurement of eligible renewable energy resources located outside the state and within the WECC and unbundled renewable energy credits. +(B) If the retail seller is an electrical corporation, the current status and progress made during the prior year toward construction of, and upgrades to, transmission and distribution facilities and other electrical system components it owns to interconnect eligible renewable energy resources and to supply the electricity generated by those resources to load, including the status of planning, siting, and permitting transmission facilities by federal, state, and local agencies. +(C) Recommendations to remove impediments to making progress toward achieving the renewable energy resources procurement requirements established pursuant to this article. +(4) The commission shall adopt, by rulemaking, all of the following: +(A) A process that provides criteria for the rank ordering and selection of least-cost and best-fit eligible renewable energy resources to comply with the California Renewables Portfolio Standard Program obligations on a total cost and best-fit basis. This process shall take into account all of the following: +(i) Estimates of indirect costs associated with needed transmission investments. +(ii) The cost impact of procuring the eligible renewable energy resources on the electrical corporation’s electricity portfolio. +(iii) The viability of the project to construct and reliably operate the eligible renewable energy resource, including the developer’s experience, the feasibility of the technology used to generate electricity, and the risk that the facility will not be built, or that construction will be delayed, with the result that electricity will not be supplied as required by the contract. +(iv) Workforce recruitment, training, and retention efforts, including the employment growth associated with the construction and operation of eligible renewable energy resources and goals for recruitment and training of women, minorities, and disabled veterans. +(v) (I) Estimates of electrical corporation expenses resulting from integrating and operating eligible renewable energy resources, including, but not limited to, any additional wholesale energy and capacity costs associated with integrating each eligible renewable resource. +(II) No later than December 31, 2015, the commission shall approve a methodology for determining the integration costs described in subclause (I). +(vi) Consideration of any statewide greenhouse gas emissions limit established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). +(vii) Consideration of capacity and system reliability of the eligible renewable energy resource to ensure grid reliability. +(B) Rules permitting retail sellers to accumulate, beginning January 1, 2011, excess procurement in one compliance period to be applied to any subsequent compliance period. The rules shall apply equally to all retail sellers. In determining the quantity of excess procurement for the applicable compliance period, the commission shall retain the rules adopted by the commission and in effect as of January 1, 2015, for the compliance period specified in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (b) of Section 399.15. For any subsequent compliance period, the rules shall allow the following: +(i) For electricity products meeting the portfolio content requirements of paragraph (1) of subdivision (b) of Section 399.16, contracts of any duration may count as excess procurement. +(ii) Electricity products meeting the portfolio content requirements of paragraph (2) or (3) of subdivision (b) of Section 399.16 shall not be counted as excess procurement. Contracts of any duration for electricity products meeting the portfolio content requirements of paragraph (2) or (3) of subdivision (b) of Section 399.16 that are credited towards a compliance period shall not be deducted from a retail seller’s procurement for purposes of calculating excess procurement. +(iii) If a retail seller notifies the commission that it will comply with the provisions of subdivision (b) for the compliance period beginning January 1, 2017, the provisions of clauses (i) and (ii) shall take effect for that retail seller for that compliance period. +(C) Standard terms and conditions to be used by all electrical corporations in contracting for eligible renewable energy resources, including performance requirements for renewable generators. A contract for the purchase of electricity generated by an eligible renewable energy resource, at a minimum, shall include the renewable energy credits associated with all electricity generation specified under the contract. The standard terms and conditions shall include the requirement that, no later than six months after the commission’s approval of an electricity purchase agreement entered into pursuant to this article, the following information about the agreement shall be disclosed by the commission: party names, resource type, project location, and project capacity. +(D) An appropriate minimum margin of procurement above the minimum procurement level necessary to comply with the renewables portfolio standard to mitigate the risk that renewable projects planned or under contract are delayed or canceled. This paragraph does not preclude an electrical corporation from voluntarily proposing a margin of procurement above the appropriate minimum margin established by the commission. +(5) Consistent with the goal of increasing California’s reliance on eligible renewable energy resources, the renewable energy procurement plan shall include all of the following: +(A) An assessment of annual or multiyear portfolio supplies and demand to determine the optimal mix of eligible renewable energy resources with deliverability characteristics that may include peaking, dispatchable, baseload, firm, and as-available capacity. +(B) Potential compliance delays related to the conditions described in paragraph (5) of subdivision (b) of Section 399.15. +(C) A bid solicitation setting forth the need for eligible renewable energy resources of each deliverability characteristic, required online dates, and locational preferences, if any. +(D) A status update on the development schedule of all eligible renewable energy resources currently under contract. +(E) Consideration of mechanisms for price adjustments associated with the costs of key components for eligible renewable energy resource projects with online dates more than 24 months after the date of contract execution. +(F) An assessment of the risk that an eligible renewable energy resource will not be built, or that construction will be delayed, with the result that electricity will not be delivered as required by the contract. +(6) In soliciting and procuring eligible renewable energy resources, each electrical corporation shall offer contracts of no less than 10 years duration, unless the commission approves of a contract of shorter duration. +(7) In soliciting and procuring eligible renewable energy resources for California-based projects, each electrical corporation shall give preference to renewable energy projects that provide environmental and economic benefits to communities afflicted with poverty or high unemployment, or that suffer from high emission levels of toxic air contaminants, criteria air pollutants, and greenhouse gases. +(8) In soliciting and procuring eligible renewable energy resources, each retail seller shall consider the best-fit attributes of resource types that ensure a balanced resource mix to maintain the reliability of the electrical grid. +(b) A retail seller may enter into a combination of long- and short-term contracts for electricity and associated renewable energy credits. Beginning January 1, 2021, at least 65 percent of the procurement a retail seller counts toward the renewables portfolio standard requirement of each compliance period shall be from its contracts of 10 years or more in duration or in its ownership or ownership agreements for eligible renewable energy resources. +(c) The commission shall review and accept, modify, or reject each electrical corporation’s renewable energy resource procurement plan prior to the commencement of renewable energy procurement pursuant to this article by an electrical corporation. The commission shall assess adherence to the approved renewable energy resource procurement plans in determining compliance with the obligations of this article. +(d) Unless previously preapproved by the commission, an electrical corporation shall submit a contract for the generation of an eligible renewable energy resource to the commission for review and approval consistent with an approved renewable energy resource procurement plan. If the commission determines that the bid prices are elevated due to a lack of effective competition among the bidders, the commission shall direct the electrical corporation to renegotiate the contracts or conduct a new solicitation. +(e) If an electrical corporation fails to comply with a commission order adopting a renewable energy resource procurement plan, the commission shall exercise its authority to require compliance. +(f) (1) The commission may authorize a procurement entity to enter into contracts on behalf of customers of a retail seller for electricity products from eligible renewable energy resources to satisfy the retail seller’s renewables portfolio standard procurement requirements. The commission shall not require any person or corporation to act as a procurement entity or require any party to purchase eligible renewable energy resources from a procurement entity. +(2) Subject to review and approval by the commission, the procurement entity shall be permitted to recover reasonable administrative and procurement costs through the retail rates of end-use customers that are served by the procurement entity and are directly benefiting from the procurement of eligible renewable energy resources. +(g) Procurement and administrative costs associated with contracts entered into by an electrical corporation for eligible renewable energy resources pursuant to this article and approved by the commission are reasonable and prudent and shall be recoverable in rates. +(h) Construction, alteration, demolition, installation, and repair work on an eligible renewable energy resource that receives production incentives pursuant to Section 25742 of the Public Resources Code, including work performed to qualify, receive, or maintain production incentives, are “public works” for the purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The Public Utilities Act requires the commission to review and accept, modify, or reject a procurement plan for each electrical corporation based on whether it includes specified elements or incentive mechanisms, and whether it accomplishes certain objectives. The California Renewables Portfolio Standard Program, within the act, requires retail sellers, defined as including electrical corporations, and local publicly owned electric utilities to purchase specified minimum quantities of electricity products from eligible renewable energy resources, as defined, for specified compliance periods. The program requires the commission to direct each electrical corporation to annually prepare a renewable energy procurement plan to satisfy its procurement requirements pursuant to the program. To the extent feasible, the renewable energy procurement plan is to be proposed, reviewed, and adopted as part of, and pursuant to, the general procurement plan process. +This bill would make a nonsubstantive revision to the provision that requires, to the extent feasible, that the renewable energy procurement plan be proposed, reviewed, and adopted as part of, and pursuant to, the general procurement plan process.","An act to amend Section 399.13 of the Public Utilities Code, relating to energy." +936,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 2.6 (commencing with Section 66010.96) is added to Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, to read: +Article 2.6. Office of Higher Education Performance and Accountability +66010.96. +(a) The Office of Higher Education Performance and Accountability is hereby established as the statewide postsecondary education coordination and planning agency. The office is established in state government within the Governor’s office, and is under the direct control of an executive director. +(b) The Governor shall appoint the Executive Director of the Office of Higher Education Performance and Accountability, who shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the office, including contracting for professional or consulting services in connection with the work of the office. The appointment of the executive director is subject to confirmation by the affirmative vote of a majority of the membership of the Senate. The executive director shall appoint persons to any staff positions the Governor may authorize. +(c) The Governor may appoint the executive director at a salary that shall be fixed pursuant to Section 12001 of the Government Code. +(d) (1) An advisory board is hereby established for the purpose of examining and making recommendations to the office regarding the functions and operations of the office and reviewing and commenting on any recommendations made by the office to the Governor and the Legislature. +(2) The advisory board consists of the Chairperson of the Senate Committee on Education and the Chairperson of the Assembly Committee on Higher Education, who serve as ex officio members, and six public members with experience in postsecondary education, appointed to terms of four years as follows: +(A) Three members of the advisory board appointed by the Senate Committee on Rules. +(B) Three members of the advisory board appointed by the Speaker of the Assembly. +(3) The office shall actively seek input from, and consult with, the advisory board regarding the functions, operations, and recommendations of the office, and provide the advisory board with sufficient time to review and comment. +(4) Advisory board meetings are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). Advisory board materials shall be posted on the Internet. +(5) The advisory board shall meet at least quarterly, and shall appoint one of its members to represent the board for purposes of communicating with the Legislature. +(6) The advisory board is responsible for developing an independent annual report on the condition of higher education in California. +(7) The advisory board is responsible for issuing an annual review of the performance of the Executive Director of the Office of Higher Education Performance and Accountability. +(8) Members of the advisory board shall serve without compensation, but shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties as board members. +(e) The office shall consult with the higher education segments and stakeholders, as appropriate, in the conduct of its duties and responsibilities. For purposes of this subdivision, “higher education segments” has the same meaning as in Section 66010.95, and “higher education stakeholders” includes, but is not necessarily limited to, postsecondary faculty and students, K–12 representatives, and representatives of the business community. +66010.962. +The Office of Higher Education Performance and Accountability exists for the purpose of advising the Governor, the Legislature, and other appropriate governmental officials and institutions of postsecondary education. The office has the following functions and responsibilities in its capacity as the statewide postsecondary education coordination and planning agency and adviser to the Legislature and the Governor: +(a) It shall, through its use of information and its analytic capacity, inform the identification and periodic revision of state goals and priorities for higher education in a manner that is consistent with the goals outlined in Section 66010.91 and takes into consideration the metrics outlined in Sections 89295 and 92675. It shall, biennially, interpret and evaluate both statewide and institutional performance in relation to these goals and priorities. +(b) It shall review and make recommendations, as necessary, regarding cross-segmental and interagency initiatives and programs in areas that may include, but are not necessarily limited to, efficiencies in instructional delivery, financial aid, transfer, and workforce coordination. +(c) It shall advise the Legislature and the Governor regarding the need for, and the location of, new institutions and campuses of public higher education. +(d) It shall review proposals by the public segments for new programs, the priorities that guide the public segments, and the degree of coordination between those segments and nearby public, independent, and private postsecondary educational institutions, and shall make recommendations regarding those proposals to the Legislature and the Governor. +(e) (1) It shall act as a clearinghouse for postsecondary education information and as a primary source of information for the Legislature, the Governor, and other agencies. It shall develop and maintain a comprehensive database that does all of the following: +(A) Ensures comparability of data from diverse sources. +(B) Supports longitudinal studies of individual students as they progress through the state’s postsecondary educational institutions through the use of a unique student identifier. +(C) Maintains compatibility with California School Information Services and the student information systems developed and maintained by the public segments of higher education, as appropriate. +(D) Provides Internet access to data, as appropriate, to the segments of higher education. +(E) Provides each of the educational segments access to the data made available to the office for purposes of the database, in order to support, most efficiently and effectively, statewide, segmental, and individual campus educational research information needs. +(2) The office, in implementing paragraph (1), shall comply with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) as it relates to the disclosure of personally identifiable information concerning students. +(3) The office shall not make available any personally identifiable information received from a postsecondary educational institution concerning students for any regulatory purpose unless the institution has authorized the office to provide that information on behalf of the institution. +(4) The office shall, following consultation with, and receipt of a recommendation from, the advisory board, provide 30-day notification to the chairpersons of the appropriate policy and budget committees of the Legislature, to the Director of Finance, and to the Governor before making any significant changes to the student information contained in the database. +(f) It shall review all proposals for changes in eligibility pools for admission to public institutions and segments of postsecondary education, and shall make recommendations regarding those proposals to the Legislature, the Governor, and institutions of postsecondary education. In carrying out this subdivision, the office periodically shall conduct a study of the percentages of California public high school graduates estimated to be eligible for admission to the University of California and the California State University. +(g) It shall submit reports to the Legislature in compliance with Section 9795 of the Government Code. +(h) It shall manage data systems and maintain programmatic, policy, and fiscal expertise to receive and aggregate information reported by the institutions of higher education in this state. +66010.964. +Notwithstanding any other law, the office may require the governing boards and the institutions of public postsecondary education to submit data to the office on plans and programs, costs, selection and retention of students, enrollments, plant capacities, and other matters pertinent to effective planning, policy development, and articulation and coordination. The office shall furnish information concerning these matters to the Governor and the Legislature as requested by them. +66010.967. +(a) On or before December 31 of each year, the office shall report to the Legislature and the Governor regarding its progress in achieving the objectives and responsibilities set forth in subdivision (a) of Section 66010.962. +(b) On or before January 1, 2020, the Legislative Analyst’s Office shall review and report to the Legislature regarding the performance of the office in fulfilling its functions and responsibilities as outlined in Section 66010.962. +66010.969. +This article shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SECTION 1. +It is the intent of the Legislature to enact legislation to create the Office of Higher Education Performance and Accountability as the statewide postsecondary education coordination and planning entity.","(1) Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in this state. +Existing law states the intent of the Legislature that budget and policy decisions regarding postsecondary education generally adhere to 3 specified goals and that appropriate metrics be identified, defined, and formally adopted to monitor progress toward the achievement of the goals. +Existing law establishes the California Postsecondary Education Commission (CPEC) as the statewide postsecondary education coordinating and planning agency, and provides for its functions and responsibilities. Existing law also provides for the composition of CPEC’s membership. The annual state Budget Acts from the 2011–12 fiscal year to the 2015–16 fiscal year, inclusive, have provided no funding for CPEC. +This bill would establish the Office of Higher Education Performance and Accountability as the statewide postsecondary education coordination and planning entity. The bill would provide for the appointment by the Governor, subject to confirmation by a majority of the membership of the Senate, of an executive director of the office. The bill would establish an 8-member advisory board for the purpose of examining, and making recommendations to, the office regarding the functions and operations of the office and reviewing and commenting on any recommendations made by the office to the Governor and the Legislature, among other specified duties. +The bill would specify the functions and responsibilities of the office, which would include, among other things, participation, as specified, in the identification and periodic revision of state goals and priorities for higher education, reviewing and making recommendations regarding cross-segmental and interagency initiatives and programs, advising the Legislature and the Governor regarding the need for, and the location of, new institutions and campuses of public higher education, acting as a clearinghouse for postsecondary education information and as a primary source of information for the Legislature, the Governor, and other agencies, and reviewing all proposals for changes in eligibility pools for admission to public institutions and segments of postsecondary education. +The bill would authorize the office to require the governing boards and institutions of public postsecondary education to submit data to the office on plans and programs, costs, selection and retention of students, enrollments, plant capacities, and other matters pertinent to effective planning, policy development, and articulation and coordination. To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program. +The bill would require the office to report to the Legislature and the Governor on or before December 31 of each year regarding its progress in achieving specified objectives and responsibilities. +The bill would repeal these provisions on January 1, 2021. +(2)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 public segments of postsecondary education in this state. +This bill would express the intent of the Legislature to enact legislation to create the Office of Higher Education Performance and Accountability as the statewide postsecondary education coordination and planning entity.","An act relating to postsecondary education. +An act to add and repeal Article 2.6 (commencing with Section 66010.96) of Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, relating to postsecondary education." +937,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11465 of the Welfare and Institutions Code is amended to read: +11465. +(a) When a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child. +(b) For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility. +(c) (1) On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate. +(2) (A) On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B). +(B) In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate. +(3) Subject to the availability of funds, for the 2000–01 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453. +(4) On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate. +(5) Commencing July 1, 2016, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be supplemented by an additional monthly amount of four hundred eighty-nine dollars ($489). This monthly supplement shall only be provided if funding for this purpose is appropriated in the annual Budget Act. +(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461. +(2) (A) The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements. +(B) Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits in a short-term residential treatment center shall equal the infant supplement rate for short-term residential treatment centers established by the department. +(3) (A) The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home. +(B) A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied: +(i) The plan has been completed and provided to the appropriate county agency. +(ii) The plan has been approved by the appropriate county agency. +(iii) The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27. +(4) In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures. +(5) A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home. +(6) On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403. +(e) The rate paid for a pregnant minor or nonminor dependent for the month in which the birth is anticipated and for the three-month period immediately prior to the month in which the birth is anticipated shall include the amount that would otherwise be paid under this section to cover the care and supervision of a child, if born. Any amount paid pursuant to this subdivision shall be used to meet the specialized needs of the pregnant minor or nonminor dependent and to properly prepare for the needs of the infant. Verification of pregnancy is a condition of eligibility for aid under this subdivision. +SEC. 1.5. +Section 11465 of the Welfare and Institutions Code is amended to read: +11465. +(a) When a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child. +(b) For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility. +(c) (1) On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate. +(2) (A) On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B). +(B) In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate. +(3) Subject to the availability of funds, for the 2000–01 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453. +(4) On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate. +(5) Commencing July 1, 2016, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be supplemented by an additional monthly amount of four hundred eighty-nine dollars ($489). This monthly supplement shall only be provided if funding for this purpose is appropriated in the annual Budget Act. +(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461. +(2) (A) The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements. +(B) Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits in a short-term residential therapeutic program shall equal the infant supplement rate for short-term residential therapeutic programs established by the department. +(3) (A) The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home. +(B) A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied: +(i) The plan has been completed and provided to the appropriate county agency. +(ii) The plan has been approved by the appropriate county agency. +(iii) The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27. +(4) In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures. +(5) A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home. +(6) On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403. +(e) The rate paid for a pregnant minor or nonminor dependent for the month in which the birth is anticipated and for the three-month period immediately prior to the month in which the birth is anticipated shall include the amount that would otherwise be paid under this section to cover the care and supervision of a child, if born. Any amount paid pursuant to this subdivision shall be used to meet the specialized needs of the pregnant minor or nonminor dependent and to properly prepare for the needs of the infant. Verification of pregnancy is a condition of eligibility for aid under this subdivision. +SEC. 2. +Section 1.5 of this bill incorporates amendments to Section 11465 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 1997. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 11465 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 1997, in which case Section 1 of this bill shall not become operative. +SEC. 3. +To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.","(1) Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law establishes a schedule of basic rates to be paid for the care and supervision of each foster child. Existing law also establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP), which provides aid on behalf of eligible children who are placed in the home of a relative caretaker. +Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, that the rate paid to the foster care provider on behalf of the parent include an additional amount, known as an infant supplement, for the care and supervision of the child. +This bill would make a pregnant minor or nonminor dependent eligible for the infant supplement for a specified period before the expected date of birth, subject to a verification of pregnancy, as specified. Because counties would administer these extended benefits, this bill would impose a state-mandated local program. +(2) This bill would incorporate changes to Section 11465 of the Welfare and Institutions Code proposed by both this bill and AB 1997, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 11465 of the Welfare and Institutions Code, relating to foster children." +938,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all the following: +(a) The current pervasive use of information technology in public enterprises has resulted in an abundance of public access to information and services provided by the government, but the increased interdependence of information technology systems has created a new type of risk for society. Threats to public critical infrastructure that use information technology within the state present risks to public health and safety and could severely disrupt economic activity within California. +(b) Ensuring sufficient preparations are taken to protect critical infrastructure from interference, compromise, or incapacitation are in the public interest and serve a public purpose. +(c) A comprehensive cybersecurity strategy, related to state agency critical infrastructure information and control, developed in a coordinated effort among state agencies, will help prepare for threats to critical infrastructure, thereby reducing the potential consequences from those attacks. +(d) The Department of Technology, in its role as the lead entity that coordinates state resources in the development of information technology (IT) strategy and policy, directs state agency information security and privacy standards and procedures for the day-to-day protection of state information assets from a variety of threats, including, but not limited to, cybersecurity threats and attacks. +(e) The Office of Emergency Services, in its role as the lead executive entity that coordinates state resources for emergency preparedness, response, and damage mitigation, is integrating cybersecurity into the State Emergency Plan. +(f) The Department of Technology is continuing its state government oversight and compliance monitoring program, and enhancing day-to-day information security incident response coordination with the Office of Emergency Services, Department of the California Highway Patrol’s Computer Crimes Investigation Unit, and the Military Department. +(g) It is the intent of the Legislature in enacting this legislation to add to the ongoing work of the state’s comprehensive cybersecurity strategy, undertaken in a coordinated effort among state agencies, to prepare California for threats to critical infrastructure under the unifying coordination of the Office of Emergency Services. +SEC. 2. +Article 6.4 (commencing with Section 8592.30) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read: +Article 6.4. Cybersecurity +8592.30. +As used in this article, the following definitions shall apply: +(a) “Critical infrastructure controls” means networks and systems controlling assets so vital to the state that the incapacity or destruction of those networks, systems, or assets would have a debilitating impact on public health, safety, economic security, or any combination thereof. +(b) “Critical infrastructure information” means information not customarily in the public domain pertaining to any of the following: +(1) Actual, potential, or threatened interference with, or an attack on, compromise of, or incapacitation of critical infrastructure controls by either physical or computer-based attack or other similar conduct, including, but not limited to, the misuse of, or unauthorized access to, all types of communications and data transmission systems, that violates federal, state, or local law or harms public health, safety, or economic security, or any combination thereof. +(2) The ability of critical infrastructure controls to resist any interference, compromise, or incapacitation, including, but not limited to, any planned or past assessment or estimate of the vulnerability of critical infrastructure. +(3) Any planned or past operational problem or solution regarding critical infrastructure controls, including, but not limited to, repair, recovery, reconstruction, insurance, or continuity, to the extent it is related to interference, compromise, or incapacitation of critical infrastructure controls. +(c) “Department” means the Department of Technology. +(d) “Office” means the Office of Emergency Services. +(e) “Secretary” means the secretary of each state agency as set forth in subdivision (a) of Section 12800. +(f) “State agency” or “state agencies” means the same as “state agency” as set forth in Section 11000. +8592.35. +(a) (1) On or before July 1, 2018, the department shall, in consultation with the office and compliance with Section 11549.3, update the Technology Recovery Plan element of the State Administrative Manual to ensure the inclusion of cybersecurity strategy incident response standards for each state agency to secure its critical infrastructure controls and critical infrastructure information. +(2) In updating the standards in paragraph (1), the department shall consider, but not be limited to considering, all of the following: +(A) Costs to implement the standards. +(B) Security of critical infrastructure information. +(C) Centralized management of risk. +(D) Industry best practices. +(E) Continuity of operations. +(F) Protection of personal information. +(b) Each state agency shall provide the department with a copy of its updated Technology Recovery Plan. +8592.40. +(a) Each state agency shall report on its compliance with the standards updated pursuant to Section 8592.35 to the department in the manner and at the time directed by the department, but no later than July 1, 2019. +(b) The department, in conjunction with the office, may provide suggestions for a state agency to improve compliance with the standards developed pursuant to Section 8592.35, if any, to the head of the state agency and the secretary responsible for the state agency. For a state agency that is not under the responsibility of a secretary, the department shall provide any suggestions to the head of the state agency and the Governor. +8592.45. +The information required by subdivision (b) of Section 8592.35, the report required by subdivision (a) of Section 8592.40, and any public records relating to any communication made pursuant to, or in furtherance of the purposes of, subdivision (b) of Section 8592.40 are confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). +SEC. 3. +The Legislature finds and declares that Section 2 of this act, which adds Section 8592.45 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +Preventing public disclosure of the individual cybersecurity preparations and critical infrastructure information of state agencies promotes public safety by prohibiting access to those who would use that information to thwart the cybersecurity of critical infrastructure controls within the state.","(1) The California Emergency Services Act sets forth the duties of the Office of Emergency Services with respect to specified emergency preparedness, mitigation, and response activities within the state. Existing law establishes the Department of Technology under the supervision of the Director of Technology who is also known as the State Chief Information Officer, and generally requires the Department of Technology to be responsible for the approval and oversight of information technology projects by, among other things, consulting with state agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs. Existing law establishes the Office of Information Security, within the Department of Technology, under the direction of a chief who reports to the Director of Technology. +This bill would require the Department of Technology, in consultation with the Office of Emergency Services and compliance with the information security program required to be established by the chief of the Office of Information Security, to update the Technology Recovery Plan element of the State Administrative Manual to ensure the inclusion of cybersecurity strategy incident response standards for each state agency to secure its critical infrastructure controls and critical infrastructure information. The bill would require each state agency to provide its updated Technology Recovery Plan and report on its compliance with these updated standards to the department, as specified, and authorize the department, in consultation with the Office of Emergency Services, to provide suggestions for a state agency to improve compliance with these standards. The bill would define terms for its purposes and make legislative findings in support of its provisions. The bill would prohibit public disclosure of reports and public records relating to the cybersecurity strategies of state agencies, as specified. +(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to add Article 6.4 (commencing with Section 8592.30) to Chapter 7 of Division 1 of Title 2 of the Government Code, relating to state government." +939,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 5650.1 of the Fish and Game Code is amended to read: +5650.1. +(a) A person who violates Section 5650 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation. +(b) The civil penalty imposed for each separate violation pursuant to this section is separate, and in addition to, any other civil penalty imposed for a separate violation pursuant to this section or any other provision of law, except as provided in subdivision (j). +(c) In determining the amount of a civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation. In making this determination, the court shall consider the degree of toxicity and volume of the discharge, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, the effect of any civil penalty on the ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require. +(d) Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated. +(e) In a civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding that irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued, or that the remedy at law is inadequate. +(f) After the party seeking the injunction has met its burden of proof, the court shall determine whether to issue a temporary restraining order, preliminary injunction, or permanent injunction without requiring the defendant to prove that it will suffer grave or irreparable harm. The court shall make the determination whether to issue a temporary restraining order, preliminary injunction, or permanent injunction by taking into consideration, among other things, the nature, circumstance, extent, and gravity of the violation, the quantity and characteristics of the substance or material involved, the extent of environmental harm caused by the violation, measures taken by the defendant to remedy the violation, the relative likelihood that the material or substance involved may pass into waters of the state, and the harm likely to be caused to the defendant. +(g) The court, to the maximum extent possible, shall tailor a temporary restraining order, preliminary injunction, or permanent injunction narrowly to address the violation in a manner that will otherwise allow the defendant to continue business operations in a lawful manner. +(h) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as defined in Section 13003 and shall be apportioned in the following manner: +(1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100. +(2) Fifty percent shall be distributed to the department for deposit in the Fish and Game Preservation Fund. These funds may be expended to cover the costs of legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution. +(i) Except as provided in subdivision (j), in addition to any other penalty provided by law, a person who violates Section 5650 is subject to a civil penalty of not more than ten dollars ($10) for each gallon or pound of material discharged. The total amount of the civil penalty shall be reduced for every gallon or pound of the illegally discharged material that is recovered and properly disposed of by the responsible party. +(j) A person shall not be subject to a civil penalty imposed under this section and to a civil penalty imposed pursuant to Article 9 (commencing with Section 8670.57) of Chapter 7.4 of Division 1 of Title 2 of the Government Code for the same act or failure to act. +SEC. 2. +Section 8670.61 of the Government Code is amended to read: +8670.61. +The civil and criminal penalties provided in this chapter and Division 7.8 (commencing with Section 8750) of the Public Resources Code shall be separate from, and in addition to, and do not supersede or limit, any and all other remedies, civil or criminal, except as provided in subdivision (j) of Section 5650.1 of the Fish and Game Code.","Existing law imposes a maximum civil penalty of $25,000 on a person who discharges various pollutants or other designated materials into the waters of the state. +This bill would impose an additional civil penalty of not more than $10 for each gallon or pound of material discharged. The bill would require that the civil penalty be reduced for every gallon or pound of the illegally discharged material that is recovered and properly disposed of by the responsible party. +The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act establishes various civil penalties for conduct in connection with the intentional or negligent discharging of oil into waters of the state. Existing law requires civil and criminal penalties provided in the act to be separate from, and in addition to, and to not supersede or limit, any and all other remedies, civil or criminal. +This bill would prohibit a person from being subject to both a civil penalty described above and a civil penalty imposed pursuant to the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act for the same act or failure to act.","An act to amend Section 5650.1 of the Fish and Game Code, and to amend Section 8670.61 of the Government Code, relating to water pollution." +940,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 432.7 of the Labor Code is amended to read: +432.7. +(a) (1) No employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose, through any written form or verbally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record of arrest or detention that did not result in conviction, or any record regarding a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code. As used in this section, a conviction shall include a plea, verdict, or finding of guilt regardless of whether sentence is imposed by the court. Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial. +(2) No employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose, through any written form or verbally, information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court law, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while a person was subject to the process and jurisdiction of juvenile court law. +(3) For purposes of this section, “conviction” does not include, and shall not be construed to include, any adjudication by a juvenile court or any other court order or action taken with respect to a person who is under the process and jurisdiction of the juvenile court law. +(b) Nothing in this section shall prohibit the disclosure of the information authorized for release under Sections 13203 and 13300 of the Penal Code, to a government agency employing a peace officer. However, the employer shall not determine any condition of employment other than paid administrative leave based solely on an arrest report. The information contained in an arrest report may be used as the starting point for an independent, internal investigation of a peace officer in accordance with Chapter 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government Code. +(c) In any case where a person violates this section, or Article 6 (commencing with Section 11140) of Chapter 1 of Title 1 of Part 4 of the Penal Code, the applicant may bring an action to recover from that person actual damages or two hundred dollars ($200), whichever is greater, plus costs, and reasonable attorney’s fees. An intentional violation of this section shall entitle the applicant to treble actual damages, or five hundred dollars ($500), whichever is greater, plus costs, and reasonable attorney’s fees. An intentional violation of this section is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500). +(d) The remedies under this section shall be in addition to and not in derogation of all other rights and remedies that an applicant may have under any other law. +(e) Persons seeking employment or persons already employed as peace officers or persons seeking employment for positions in the Department of Justice or other criminal justice agencies as defined in Section 13101 of the Penal Code are not covered by this section. +(f) (1) Except as provided in paragraph (2), nothing in this section shall prohibit an employer at a health facility, as defined in Section 1250 of the Health and Safety Code, from asking an applicant for employment either of the following: +(A) With regard to an applicant for a position with regular access to patients, to disclose an arrest under any section specified in Section 290 of the Penal Code. +(B) With regard to an applicant for a position with access to drugs and medication, to disclose an arrest under any section specified in Section 11590 of the Health and Safety Code. +(2) (A) An employer specified in paragraph (1) shall not inquire into information concerning or related to an applicant’s arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court law, unless the information concerns an adjudication by the juvenile court in which the applicant has been found by the court to have committed a felony or misdemeanor offense specified in paragraph (1) that occurred within five years preceding the application for employment. +(B) Notwithstanding any other provision of this subdivision, an employer specified in paragraph (1) shall not inquire into information concerning or related to an applicant’s juvenile offense history that has been sealed by the juvenile court. +(3) An employer seeking disclosure of offense history under paragraph (2) shall provide the applicant with a list describing the specific offenses under Section 11590 of the Health and Safety Code or Section 290 of the Penal Code for which disclosure is sought. +(g) (1) No peace officer or employee of a law enforcement agency with access to criminal or juvenile offender record information maintained by a local law enforcement criminal or juvenile justice agency shall knowingly disclose, with intent to affect a person’s employment, any information contained therein pertaining to an arrest or detention or proceeding that did not result in a conviction, including information pertaining to a referral to, and participation in, any pretrial or posttrial diversion program, to any person not authorized by law to receive that information. +(2) No other person authorized by law to receive criminal or juvenile offender record information maintained by a local law enforcement criminal or juvenile justice agency shall knowingly disclose any information received therefrom pertaining to an arrest or detention or proceeding that did not result in a conviction, including information pertaining to a referral to, and participation in, any pretrial or posttrial diversion program, to any person not authorized by law to receive that information. +(3) No person, except those specifically referred to in Section 1070 of the Evidence Code, who is not authorized by law to receive or possess criminal or juvenile justice records information maintained by a local law enforcement criminal or juvenile justice agency, pertaining to an arrest or other proceeding that did not result in a conviction, including information pertaining to a referral to, and participation in, any pretrial or posttrial diversion program, shall knowingly receive or possess that information. +(h) “A person authorized by law to receive that information,” for purposes of this section, means any person or public agency authorized by a court, statute, or decisional law to receive information contained in criminal or juvenile offender records maintained by a local law enforcement criminal or juvenile justice agency, and includes, but is not limited to, those persons set forth in Section 11105 of the Penal Code, and any person employed by a law enforcement criminal or juvenile justice agency who is required by that employment to receive, analyze, or process criminal or juvenile offender record information. +(i) Nothing in this section shall require the Department of Justice to remove entries relating to an arrest or detention not resulting in conviction from summary criminal history records forwarded to an employer pursuant to law. +(j) As used in this section, “pretrial or posttrial diversion program” means any program under Chapter 2.5 (commencing with Section 1000) or Chapter 2.7 (commencing with Section 1001) of Title 6 of Part 2 of the Penal Code, Section 13201 or 13352.5 of the Vehicle Code, Sections 626, 626.5, 654, or 725 of, or Article 20.5 (commencing with Section 790) of Chapter 2 of Part 1 of Division 2 of, the Welfare and Institutions Code, or any other program expressly authorized and described by statute as a diversion program. +(k) (1) Subdivision (a) shall not apply to any city, city and county, county, or district, or any officer or official thereof, in screening a prospective concessionaire, or the affiliates and associates of a prospective concessionaire for purposes of consenting to, or approving of, the prospective concessionaire’s application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest. +(2) For purposes of this subdivision the following terms have the following meanings: +(A) “Screening” means a written request for criminal or juvenile history information made to a local law enforcement agency. +(B) “Prospective concessionaire” means any individual, general or limited partnership, corporation, trust, association, or other entity that is applying for, or seeking to obtain, a public agency’s consent to, or approval of, the acquisition by that individual or entity of any beneficial ownership interest in any public agency’s concession, lease, or other property right whether directly or indirectly held. However, “prospective concessionaire” does not include any of the following: +(i) A lender acquiring an interest solely as security for a bona fide loan made in the ordinary course of the lender’s business and not made for the purpose of acquisition. +(ii) A lender upon foreclosure or assignment in lieu of foreclosure of the lender’s security. +(C) “Affiliate” means any individual or entity that controls, or is controlled by, the prospective concessionaire, or who is under common control with the prospective concessionaire. +(D) “Associate” means any individual or entity that shares a common business purpose with the prospective concessionaire with respect to the beneficial ownership interest that is subject to the consent or approval of the city, county, city and county, or district. +(E) “Control” means the possession, direct or indirect, of the power to direct, or cause the direction of, the management or policies of the controlled individual or entity. +(l) (1) Nothing in subdivision (a) shall prohibit a public agency, or any officer or official thereof, from denying consent to, or approval of, a prospective concessionaire’s application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest based on the criminal history information of the prospective concessionaire or the affiliates or associates of the prospective concessionaire that show any criminal conviction for offenses involving moral turpitude. Criminal history information for purposes of this subdivision includes any criminal history information obtained pursuant to Section 11105 or 13300 of the Penal Code. +(2) In considering criminal history information, a public agency shall consider the crime for which the prospective concessionaire or the affiliates or associates of the prospective concessionaire was convicted only if that crime relates to the specific business that is proposed to be conducted by the prospective concessionaire. +(3) Any prospective concessionaire whose application for consent or approval to acquire a beneficial interest in a concession, lease, or other property interest is denied based on criminal history information shall be provided a written statement of the reason for the denial. +(4) (A) If the prospective concessionaire submits a written request to the public agency within 10 days of the date of the notice of denial, the public agency shall review its decision with regard to any corrected record or other evidence presented by the prospective concessionaire as to the accuracy or incompleteness of the criminal history information utilized by the public agency in making its original decision. +(B) The prospective concessionaire shall submit the copy or the corrected record of any other evidence to the public agency within 90 days of a request for review. The public agency shall render its decision within 20 days of the submission of evidence by the prospective concessionaire. +(m) Paragraph (1) of subdivision (a) does not prohibit an employer from asking an applicant about a criminal conviction of, seeking from any source information regarding a criminal conviction of, utilizing as a factor in determining any condition of employment of, or entry into a pretrial diversion or similar program by, the applicant if, pursuant to Section 1829 of Title 12 of the United States Code or any other state or federal law, any of the following apply: +(1) The employer is required by law to obtain information regarding a conviction of an applicant. +(2) The applicant would be required to possess or use a firearm in the course of his or her employment. +(3) An individual who has been convicted of a crime is prohibited by law from holding the position sought by the applicant, regardless of whether that conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation. +(4) The employer is prohibited by law from hiring an applicant who has been convicted of a crime. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law prohibits an employer, whether a public agency or private individual or corporation, from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning an arrest or detention that did not result in a conviction, or information concerning a referral or participation in, any pretrial or posttrial diversion program, except as specified. Existing law also prohibits an employer, as specified, from asking an applicant to disclose, or from utilizing as a factor in determining any condition of employment, information concerning a conviction that has been judicially dismissed or ordered sealed, except in specified circumstances. Existing law specifies that these provisions do not prohibit an employer at a health facility, as defined, from asking an applicant for a specific type of employment about arrests for certain crimes. Existing law makes it a crime to intentionally violate these provisions. +This bill would also prohibit an employer from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court law. The bill, for the purposes of the prohibitions and exceptions described above, would provide that “conviction” excludes an adjudication by a juvenile court or any other court order or action taken with respect to a person who is under the jurisdiction of the juvenile court law, and would make related and conforming changes. The bill would prohibit an employer at a health facility from inquiring into specific events that occurred while the applicant was subject to juvenile court law, with a certain exception, and from inquiring into information concerning or related to an applicant’s juvenile offense history that has been sealed by the juvenile court. The bill would require an employer at a health facility seeking disclosure of juvenile offense history under that exception to provide the applicant with a list describing offenses for which disclosure is sought. +Because this bill would modify the scope of a crime, it would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 432.7 of the Labor Code, relating to employment." +941,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares as follows: +(a) The Spring Creek Bridge at Fall River is an old, 150-foot-long multispan wood structure that is constantly exposed to water and in a constant state of decay requiring significant and ongoing maintenance. +(b) The bridge provides access to ranches, residences, and United States Forest Service lands. If the existing Spring Creek Bridge fails, traffic will be detoured on to United States Forest Service roads and private, unpaved roads that may be impassable in winter months. +(c) In order to maintain access to these lands, the County of Shasta must be authorized to take the rough sculpin to replace the Spring Creek Bridge at Fall River. +SEC. 2. +Section 2081.4 is added to the Fish and Game Code, to read: +2081.4. +(a) The department may authorize, under this chapter, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the Spring Creek Bridge in the County of Shasta, if all of the following conditions are satisfied: +(1) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the rough sculpin. +(2) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the project. +(3) The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process until the department determines that any impacts resulting from the replacement of the Spring Creek Bridge have been fully mitigated. +(b) This section shall not be construed to exempt the project described in subdivision (a) from any other law. +SEC. 3. +Section 5515 of the Fish and Game Code is amended to read: +5515. +(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. +(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. +(3) A legally imported fully protected fish may be possessed under a permit issued by the department. +(b) The following are fully protected fish: +(1) Colorado River squawfish (Ptychocheilus lucius). +(2) Thicktail chub (Gila crassicauda). +(3) Mohave chub (Gila mohavensis). +(4) Lost River sucker (Catostomus luxatus). +(5) Modoc sucker (Catostomus microps). +(6) Shortnose sucker (Chasmistes brevirostris). +(7) Humpback sucker (Xyrauchen texanus). +(8) Owens River pupfish (Cyprinoden radiosus). +(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). +(10) Rough sculpin (Cottus asperrimus). +SEC. 3.1. +Section 5515 of the Fish and Game Code is amended to read: +5515. +(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. +(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. +(3) A legally imported fully protected fish may be possessed under a permit issued by the department. +(b) The following are fully protected fish: +(1) Colorado River squawfish (Ptychocheilus lucius). +(2) Thicktail chub (Gila crassicauda). +(3) Mohave chub (Gila mohavensis). +(4) Lost River sucker (Catostomus luxatus). +(5) Modoc sucker (Catostomus microps). +(6) Shortnose sucker (Chasmistes brevirostris). +(7) Humpback sucker (Xyrauchen texanus). +(8) Owens pupfish (Cyprinoden radiosus). +(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). +(10) Rough sculpin (Cottus asperrimus). +SEC. 3.2. +Section 5515 of the Fish and Game Code is amended to read: +5515. +(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10 or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. +(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. +(3) A legally imported fully protected fish may be possessed under a permit issued by the department. +(b) The following are fully protected fish: +(1) Colorado River squawfish (Ptychocheilus lucius). +(2) Thicktail chub (Gila crassicauda). +(3) Mohave chub (Gila mohavensis). +(4) Lost River sucker (Catostomus luxatus). +(5) Modoc sucker (Catostomus microps). +(6) Shortnose sucker (Chasmistes brevirostris). +(7) Humpback sucker (Xyrauchen texanus). +(8) Owens River pupfish (Cyprinoden radiosus). +(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). +(10) Rough sculpin (Cottus asperrimus). +SEC. 3.3. +Section 5515 of the Fish and Game Code is amended to read: +5515. +(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. +(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. +(3) A legally imported fully protected fish may be possessed under a permit issued by the department. +(b) The following are fully protected fish: +(1) Colorado River squawfish (Ptychocheilus lucius). +(2) Thicktail chub (Gila crassicauda). +(3) Mohave chub (Gila mohavensis). +(4) Lost River sucker (Catostomus luxatus). +(5) Modoc sucker (Catostomus microps). +(6) Shortnose sucker (Chasmistes brevirostris). +(7) Humpback sucker (Xyrauchen texanus). +(8) Owens pupfish (Cyprinoden radiosus). +(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). +(10) Rough sculpin (Cottus asperrimus). +SEC. 4. +(a) Section 3.1 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 2001. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) Assembly Bill 2488 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2001, in which case Sections 3, 3.2, and 3.3 of this bill shall not become operative. +(b) Section 3.2 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 2488. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) AB 2001 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2488 in which case Sections 3, 3.1, and 3.3 of this bill shall not become operative. +(c) Section 3.3 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by this bill, Assembly Bill 2001, and Assembly Bill 2488. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 5515 of the Fish and Game Code, and (3) this bill is enacted after Assembly Bill 2001 and Assembly Bill 2488, in which case Sections 3, 3.1, and 3.2 of this bill shall not become operative.","Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the rough sculpin as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated. +This bill would permit the department to authorize, under the California Endangered Species Act, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the Spring Creek Bridge in the County of Shasta if certain conditions are satisfied. +This bill would incorporate additional changes to Section 5515 of the Fish and Game Code, proposed by AB 2001 and AB 2488, that would become operative only if this bill and either or both of those bills are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Section 5515 of, and to add Section 2081.4 to, the Fish and Game Code, relating to fish." +942,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19851 of the Revenue and Taxation Code is amended to read: +19851. +The Legislature finds and declares as follows: +(a) Congress created the federal earned income tax credit (EITC) in 1975 to offset the adverse effects of the Medicare and social security payroll taxes on working poor families and to encourage low-income workers to seek employment rather than welfare. +(b) Due to a relatively low percentage of federal earned income tax credit eligible persons who participate in the federal Earned Income Tax Credit program, hundreds of millions of federal dollars go unclaimed by the working poor in California. +(c) In 2015, the State of California authorized a state EITC to amplify the poverty-reducing effects of the federal EITC for the poorest working Californians. +(d) In order to alleviate the tax burden on working poor persons and families, to enhance the wages and income of working poor persons and families, to ensure that California receives its share of the federal money available in the federal Earned Income Tax Credit program, to ensure that the poorest working Californians access the additional state EITC, and to inject additional federal money into the California economy, the state shall facilitate the furnishing of information to working poor persons and families regarding the availability of the federal and state earned income tax credit so that they may claim those credits on their federal and state income tax returns. +(e) It is the intent of this act to offer the most cost-effective assistance to eligible taxpayers through the following: +(1) Notices provided by their employers. +(2) Notices provided by state departments and agencies that serve those who may qualify for the EITC. +(3) By taking steps to ensure that eligible Californians claim both the federal and state EITC. +SEC. 2. +Section 19852 of the Revenue and Taxation Code is amended to read: +19852. +For purposes of this part, the following terms have the following meanings: +(a) “Employer” means any California employer who is subject to, and is required to provide, unemployment insurance to his or her employees, under the Unemployment Insurance Code. +(b) “Employee” means any person who is covered by unemployment insurance by his or her employer, pursuant to the Unemployment Insurance Code. +(c) “Federal EITC” means the federal earned income tax credit, as defined in Section 32 of the Internal Revenue Code. +(d) “California EITC” means the California earned income tax credit, as defined in Section 17052 of the Revenue and Taxation Code. +(e) “State departments and agencies that serve those who may qualify for the federal EITC and the California EITC” means the following programs in the specified departments and agencies: +(1) The State Department of Education: free or reduced-price meal program and National School Lunch Program. +(2) Employment Development Department: California Unemployment Insurance. +(3) State Department of Health Care Services: the Medi-Cal program. +(f) The amendments made to this section by the act adding this subdivision shall apply to notices required pursuant to Section 19853 furnished on or after the effective date of that act. +SEC. 3. +Section 19853 of the Revenue and Taxation Code is amended to read: +19853. +(a) An employer shall notify all employees that they may be eligible for the federal and the California EITC within one week before or after, or at the same time, that the employer provides an annual wage summary, including, but not limited to, a Form W-2 or a Form 1099, to any employee. +(b) The state departments and agencies that serve those who may qualify for the federal and the California EITC, as defined in subdivision (e) of Section 19852, shall notify their program recipients that they may be eligible for the federal and the California EITC, at least once a year during the months of January through April, or alternatively, shall provide this annual notification during a regularly scheduled contact with a recipient by telephone, mail, or electronic communication, or by an in-person communication. State departments or agencies that do not directly communicate with persons or households with persons who may qualify for the federal and the California EITC may communicate indirectly through agencies, districts, or regulated entities that serve eligible persons or households with eligible persons. Departments, agencies, and programs are encouraged to develop the most effective method to provide notice to recipients of federal and California EITC eligibility, as long as the notice contains substantially the same language as the notice described in Section 19854. +(c) The employer shall provide the notification required by subdivision (a) by handing directly to the employee or mailing to the employee’s last known address either of the following: +(1) Instructions on how to obtain any notices available from the Internal Revenue Service and the Franchise Tax Board for this purpose, including, but not limited to, the IRS Notice 797 and information on the California EITC at the Web site www.ftb.ca.gov. +(2) Any notice created by the employer, as long as it contains substantially the same language as the notice described in paragraph (1) or in Section 19854. +(d) The employer shall not satisfy the notification required by subdivision (a) by posting a notice on an employee bulletin board or sending it through office mail. However, these methods of notification are encouraged to help inform all employees of the federal and the California EITC. +(e) The amendments made to this section by the act adding this subdivision shall apply to notices furnished on or after the effective date of that act. +SEC. 4. +Section 19854 of the Revenue and Taxation Code is amended to read: +19854. +(a) The notice furnished to employees regarding the availability of the federal and the California EITC shall state as follows: + + +BASED ON YOUR ANNUAL EARNINGS, YOU MAY BE ELIGIBLE TO RECEIVE THE EARNED INCOME TAX CREDIT FROM THE FEDERAL GOVERNMENT (FEDERAL EITC). THE FEDERAL EITC IS A REFUNDABLE FEDERAL INCOME TAX CREDIT FOR LOW-INCOME WORKING INDIVIDUALS AND FAMILIES. THE FEDERAL EITC HAS NO EFFECT ON CERTAIN WELFARE BENEFITS. IN MOST CASES, FEDERAL EITC PAYMENTS WILL NOT BE USED TO DETERMINE ELIGIBILITY FOR MEDICAID, SUPPLEMENTAL SECURITY INCOME, FOOD STAMPS, LOW-INCOME HOUSING, OR MOST TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PAYMENTS. EVEN IF YOU DO NOT OWE FEDERAL TAXES, YOU MUST FILE A FEDERAL TAX RETURN TO RECEIVE THE FEDERAL EITC. BE SURE TO FILL OUT THE FEDERAL EITC FORM IN THE FEDERAL INCOME TAX RETURN BOOKLET. FOR INFORMATION REGARDING YOUR ELIGIBILITY TO RECEIVE THE FEDERAL EITC, INCLUDING INFORMATION ON HOW TO OBTAIN THE IRS NOTICE 797 OR ANY OTHER NECESSARY FORMS AND INSTRUCTIONS, CONTACT THE INTERNAL REVENUE SERVICE BY CALLING 1-800-829-3676 OR THROUGH ITS WEB SITE AT WWW.IRS.GOV. +YOU ALSO MAY BE ELIGIBLE TO RECEIVE THE CALIFORNIA EARNED INCOME TAX CREDIT (CALIFORNIA EITC) STARTING WITH THE CALENDAR YEAR 2015 TAX YEAR. THE CALIFORNIA EITC IS A REFUNDABLE STATE INCOME TAX CREDIT FOR LOW-INCOME WORKING INDIVIDUALS AND FAMILIES. THE CALIFORNIA EITC IS TREATED IN THE SAME MANNER AS THE FEDERAL EITC AND GENERALLY WILL NOT BE USED TO DETERMINE ELIGIBILITY FOR WELFARE BENEFITS UNDER CALIFORNIA LAW. TO CLAIM THE CALIFORNIA EITC, EVEN IF YOU DO NOT OWE CALIFORNIA TAXES, YOU MUST FILE A CALIFORNIA INCOME TAX RETURN AND COMPLETE AND ATTACH THE CALIFORNIA EITC FORM (FTB 3514). FOR INFORMATION ON THE AVAILABILITY OF THE CREDIT, ELIGIBILITY REQUIREMENTS, AND HOW TO OBTAIN THE NECESSARY CALIFORNIA FORMS AND GET HELP FILING, CONTACT THE FRANCHISE TAX BOARD AT 1-800-852-5711 OR THROUGH ITS WEB SITE AT WWW.FTB.CA.GOV. +(b) The amendments made to this section by the act adding this subdivision shall apply to notices furnished on or after the effective date of that act.","The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income and who meet certain other requirements. +The Personal Income Tax Law, in modified conformity with federal income tax laws, allows an earned income credit against personal income tax, and a payment in excess of that credit amount, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor as set forth in the annual Budget Act. +Existing law, the Earned Income Tax Credit Information Act, requires an employer, as defined, to notify all employees that they may be eligible for the federal earned income tax credit, as specified. +This bill would require those same employers currently required to notify employees who may be eligible for the federal earned income tax credit to also notify these employees that they may be eligible for the California Earned Income Tax Credit under the same conditions.","An act to amend Sections 19851, 19852, 19853, and 19854 of the Revenue and Taxation Code, relating to tax administration." +943,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 680.1 is added to the Penal Code, to read: +680.1. +(a) The Legislature finds and declares the following: +(1) There is a significant public interest in knowing what percentage of rape +kit biological samples +kits +are analyzed for the perpetrator’s DNA profile, as well as why any untested rape +kit samples +kits +are not analyzed. Currently, there is no mandatory statewide tracking mechanism in place to collect and report these metrics. It is the intent of the Legislature in enacting this section, pursuant to recommendations by the California State Auditor to the Joint Legislative Audit Committee, to correct that. +(2) In 2015, the Department of Justice created the Sexual Assault Forensic Evidence Tracking (SAFE-T) database to track the status of all sexual assault evidence kits collected in the state based on voluntary data input from law enforcement agencies. It is the intent of the Legislature by enacting this section to require participation in that database. +(b) On a schedule set forth by the Department of Justice, each law enforcement agency that has investigated a case involving the collection of sexual assault kit evidence during the relevant period of time, as determined by the department, shall report to the department, through the SAFE-T database, the data required by the department in its communications to law enforcement. The data shall include, but are not limited to, the following: +(1) The number of kits collected during the period. +(2) The number of kits from which one or more biological evidence samples were submitted to a DNA laboratory for analysis. +(3) The number of kits from which a probative DNA profile was generated. +(4) The reason or reasons for not submitting evidence from a given rape kit to a DNA laboratory for processing. +(c) After 120 days following submission of rape kit biological evidence for processing, if a public DNA laboratory has not conducted DNA testing, that laboratory shall provide the reasons for the status in the appropriate SAFE-T data field. If the investigating law enforcement agency has contracted with a private laboratory to conduct DNA testing on rape kit evidence, the submitting law enforcement agency shall provide the 120-day update in SAFE-T. The process described in this subdivision shall take place every 120 days until DNA testing occurs, except as provided in subdivision (d). +(d) Upon expiration of a sexual assault case’s statute of limitations set forth in Section 803, or if a law enforcement agency elects not to analyze the DNA or intends to destroy or dispose of the crime scene evidence pursuant to subdivision (f) of Section 680, the investigating law enforcement agency shall state in writing the reason the kit collected as part of that case’s investigation was not analyzed. This written statement relieves the investigating law enforcement agency or public laboratory of any further duty to report information related to that kit pursuant to this section. +(e) The SAFE-T database shall not contain any identifying information about a victim or a suspect, shall not contain any DNA profiles, and shall not contain any information that would impair a pending criminal investigation. +(f) On an annual basis, the Department of Justice shall file a report to the Legislature in compliance with Section 9795 of the Government Code summarizing data entered into the SAFE-T database during that year. The report shall not reference individual victims, suspects, investigations, or prosecutions. The report shall be made public by the department. +(g) Except as provided in subdivision (f), in order to protect the confidentiality of the SAFE-T database information, SAFE-T database contents shall be confidential and a participating law enforcement agency or laboratory shall not be compelled in a criminal or civil proceeding, except as required by +a law enforcement agency’s duty to produce exculpatory evidence to a criminal defendant, +Brady v. Maryland (1963) 373 U.S. 83, +to provide any SAFE-T database contents to any person or party seeking those records or information. +SEC. 2. +The Legislature finds and declares that Section 1 of this act, which adds Section 680.1 to the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +In order to protect the privacy of victims of crime, it is necessary to keep the information in the SAFE-T database confidential. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the “Sexual Assault Victims’ DNA Bill of Rights,” which, among other things, encourages a law enforcement agency assigned to investigate specified sexual assault offenses to perform DNA testing of rape kit evidence or other crime scene evidence in a timely manner to assure the longest possible statute of limitations. Existing law also requires a law enforcement agency to inform victims of certain unsolved sexual assault offenses if the law enforcement agency elects not to analyze DNA evidence within certain time limits. +This bill would require law enforcement agencies to report information regarding rape kit evidence to the department through a database established by the department. The bill would require that information to include, among other things, the number of kits collected, the number of kits from which one or more biological evidence samples were submitted to a DNA laboratory for analysis, and the number of kits from which a probative DNA profile was generated. The bill would additionally require a public DNA laboratory, or a law enforcement agency contracting with a private laboratory, to provide a reason for not testing a sample every 120 days the sample is untested, except as specified. By imposing additional duties on local law enforcement, this bill would create a state-mandated local program. +This bill would require the department to file a report to the Legislature on an annual basis summarizing the information in its database. The bill would prohibit law enforcement agencies or laboratories from being compelled to provide any contents of the database in a civil or criminal case, except as required by a law enforcement agency’s duty to produce exculpatory evidence to a defendant in a criminal case. +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 680.1 to the Penal Code, relating to DNA evidence." +944,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 13000 of the Education Code is amended to read: +13000. +(a) This part shall be known and may be cited as the California Civil Liberties Public Education Act. The purpose of the California Civil Liberties Public Education Act is to sponsor public educational activities and development of educational materials to ensure that the events surrounding the exclusion, forced removal, and internment of citizens and permanent residents of Japanese ancestry will be remembered, and so that the causes and circumstances of this and similar events may be illuminated and understood. +(b) The Legislature finds and declares that the federal Commission on Wartime Relocation and Internment of Civilians (CWRIC) was established by Congress in 1980 to “review the facts and circumstances surrounding Executive Order 9066, issued in February 19, 1942, and the impact of such Executive Order on American citizens and permanent residents... and to recommend appropriate remedies.” The CWRIC issued a report of its findings in 1983 with the reports “Personal Justice Denied” and “Personal Justice Denied-Part II, Recommendations.” The reports were based on information gathered “through 20 days of hearings in cities across the country, particularly the West Coast, hearing testimony from more than 750 witnesses: evacuees, former government officials, public figures, interested citizens, and historians and other professionals who have studied the subjects of Commission inquiry.” +(c) The lessons to be learned from the internment of Japanese-Americans during World War II are embodied in “Personal Justice Denied-Part II, Recommendations.” The CWRIC concluded as follows: “In sum, Executive Order 9066 was not justified by military necessity, and the decisions that followed from it-exclusion, detention, the ending of detention and the ending of exclusion-were not founded upon military considerations. The broad historical causes that shaped these decisions were race prejudice, war hysteria, and a failure of political leadership. Widespread ignorance about Americans of Japanese descent contributed to a policy conceived in haste and executed in an atmosphere of fear and anger at Japan. A grave personal injustice was done to the American citizens and resident aliens of Japanese ancestry who, without individual review or any probative evidence against them were excluded, removed and detained by the United States during World War II.” +(d) The Legislature further finds and declares that President Ronald Reagan signed into law the federal Civil Liberties Act of 1988 and declared during the signing ceremony that “This is a great day for America.” In that act the Congress declared as follows: +“The Congress recognizes that, as described in the Commission on Wartime Relocation and Internment of Civilians, a grave injustice was done to both citizens and permanent residents of Japanese ancestry by the evacuation, relocation, and internment of civilians during World War II. As the Commission documents, these actions were carried out without adequate security reasons and without any acts of espionage or sabotage documented by the Commission, and were motivated largely by racial prejudice, wartime hysteria, and a failure of political leadership. The excluded individuals of Japanese ancestry suffered enormous damages, both material and intangible, and there were incalculable loses in education and job training, all of which resulted in significant human suffering for which appropriate compensation has not been made. For these fundamental violations of the basic civil liberties and constitutional rights of these individuals of Japanese ancestry, the Congress apologizes on behalf of the Nation.” +SEC. 2. +Section 32400 of the Education Code is amended to read: +32400. +(a) The Legislature finds that as many as one million seven hundred thousand aliens could be granted amnesty and would seek permanent residency in California under the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). Under the act, eligible aliens would be required to demonstrate an understanding of ordinary English and a knowledge and understanding of the history and government of the United States. +(b) Further, it is the intent of the Legislature to establish a state test for use by eligible aliens that would attest to their understanding of English and understanding of the history and government of the United States to meet the requirements of Section 312 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1423) and the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). +SEC. 3. +Section 32400 of the Education Code is amended to read: +32400. +(a) The Legislature finds that as many as one million seven hundred thousand undocumented foreign nationals could be granted amnesty and would seek permanent residency in California under the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). Under the act, eligible undocumented foreign nationals would be required to demonstrate an understanding of ordinary English and a knowledge and understanding of the history and government of the United States. +(b) Further, it is the intent of the Legislature to establish a state test for use by eligible foreign nationals that would attest to their understanding of English and understanding of the history and government of the United States to meet the requirements of Section 312 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1423) and the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). +SEC. 4. +Section 32401 of the Education Code is amended to read: +32401. +(a) The Superintendent, in consultation with the Chancellor of the California Community Colleges, shall develop a test or adopt an existing test, subject to the approval of the United States Attorney General pursuant to the federal Immigration Reform and Control Act of 1986 (Public Law 99-603), to measure whether an eligible foreign national has a minimal understanding of ordinary English and a knowledge and understanding of the history and government of the United States as required under Section 312 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1423). +(b) The Governor, the Superintendent, the Chancellor of the California Community Colleges, the President pro Tempore of the Senate, and the Speaker of the Assembly shall petition the Director of the United States Immigration and Naturalization Service and the United States Attorney General for approval to use the test referred to in subdivision (a) as one means by which an eligible foreign national may satisfy the requirements under the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). +(c) The Superintendent shall distribute the test referred to in subdivision (a) to school districts, county offices of education, and community colleges, upon their request for purposes of administration, to eligible foreign nationals granted legal status pursuant to Section 245A of the federal Immigration and Nationality Act, as amended by the Federal Immigration Reform and Control Act of 1986 (Public Law 99-603). Any school district, county office of education, or any other eligible agency that receives federal legalization impact-assistance funds to provide educational services may administer the test for purposes of determining the need of an eligible foreign national applying for legal status for appropriate educational services, and of allowing an eligible foreign national to demonstrate an understanding of ordinary English and a knowledge and understanding of the history and government of the United States. Test results shall be confidential, and shall not be released without the written consent of the eligible foreign national for any purpose that is not directly related to the provision of educational services. Upon request by an eligible foreign national applying for legal status, test results may be transmitted to the United States Immigration and Naturalization Service. School districts, county offices of education, community colleges, and any other eligible agencies that receive federal funds for this purpose shall administer the test using appropriate test monitor and control procedures and provide for necessary test security measures. +SEC. 5. +Section 52613 of the Education Code is amended to read: +52613. +(a) Notwithstanding any section to the contrary, each governing board of a school district maintaining classes for adults that issues a Certificate of Eligibility for Nonimmigrant (F-1) Student Status - For Academic and Language Students, Form I-20AB, or completes Form I-20AB for a nonimmigrant foreign national, as defined in subparagraph (F)(i) of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, for the purposes of enrolling the nonimmigrant foreign national in a class in English and citizenship for foreigners or a class in an elementary subject, shall charge the nonimmigrant foreign national a fee to cover the full costs of instruction, but in no case shall the fee exceed the actual cost of the instruction. The fee shall be adopted at a regular meeting of the governing board of each of these school districts maintaining classes for adults at least 90 days before the commencement of the classes for which the fee is charged. +(b) No school district maintaining classes for adults shall include the attendance of F-1 visa students enrolled in a class in English and citizenship for foreigners or in a class in elementary subjects for apportionment purposes. +SEC. 6. +Section 52651 of the Education Code is amended to read: +52651. +For purposes of this chapter, unless the context otherwise requires, the following terms shall have the following meanings: +(a) “Board of Governors” means the Board of Governors of the California Community Colleges. +(b) “Chancellor” means the Chancellor of the California Community Colleges. +(c) “Community-based organizations” means public nonprofit benefit corporations of demonstrated effectiveness approved by the Superintendent to provide educational services to eligible legalized persons. +(d) “Department” means the State Department of Education. +(e) “Educational outreach activities” means: +(1) Information transmitted to temporary resident foreign nationals regarding the requirements of the federal Immigration and Nationality Act of 1986 (8 U.S.C. Secs. 1160, 1161, and 1255a), as those requirements existed on the effective date of this chapter, relating to adjustment of resident status, sources of assistance to those foreign nationals obtaining adjustment of resident status, including educational, informational, and referral services, and the rights and responsibilities of those foreign nationals and foreign nationals lawfully admitted for permanent residence, the identification of health, employment, and social services, and the importance of identifying oneself as a temporary resident foreign national to service providers. It does not include client counseling or any other service that would assume responsibility of the foreign national’s application for the adjustment of resident status. +(2) Information provided to newly legalized persons and other immigrants regarding educational opportunities available to them. +(f) “Immigrant” means a person who is a citizen of a country other than the United States and is eligible for education services in California or a naturalized United States citizen who is now residing in California. +(g) “Newly legalized person” means a foreign national who has been granted lawful temporary resident status under Sections 1160, 1161, and 1255a of Title 8 of the United States Code, as those sections existed on the effective date of this chapter. In addition, it means a person who has, after being granted lawful temporary resident status, obtained permanent resident or citizenship status. +(h) “Services provider” means any community-based organization, school district maintaining adult education programs, or community college that has been approved by the Superintendent in the 1991–92 fiscal year as eligible to provide educational services to newly legalized persons pursuant to subdivision (k) of Section 23.50 of the Budget Act of 1991. +(i) “SLIAG” means the State Legalization Impact-Assistance Grants as set forth in Section 204 of the federal Immigration Reform and Control Act of 1986, (Sec. 204, P.L. 99-603), as it exists on the effective date of this chapter. +(j) “Superintendent” means the Superintendent of Public Instruction. +SEC. 7. +Section 68062 of the Education Code is amended to read: +68062. +In determining the place of residence the following rules are to be observed: +(a) There can only be one residence. +(b) A residence is the place where one remains when not called elsewhere for labor or other special or temporary purpose, and to which he or she returns in seasons of repose. +(c) A residence cannot be lost until another is gained. +(d) The residence can be changed only by the union of act and intent. +(e) A man or woman may establish his or her residence. A woman’s residence shall not be derivative from that of her husband. +(f) The residence of the parent with whom an unmarried minor child maintains his or her place of abode is the residence of the unmarried minor child. When the minor lives with neither parent his or her residence is that of the parent with whom he or she maintained his or her last place of abode, provided the minor may establish his or her residence when both parents are deceased and a legal guardian has not been appointed. +(g) The residence of an unmarried minor who has a parent living cannot be changed by his or her own act, by the appointment of a legal guardian, or by relinquishment of a parent’s right of control. +(h) A foreign national, including an unmarried minor foreign national, may establish his or her residence, unless precluded by the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq.) from establishing domicile in the United States. +(i) The residence of an unmarried minor foreign national shall be derived from his or her parents pursuant to the provisions of subdivisions (f) and (g). +SEC. 8. +Section 68130.5 of the Education Code is amended to read: +68130.5. +Notwithstanding any other law: +(a) A student, other than a nonimmigrant foreign national within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, who meets all of the following requirements shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges: +(1) Satisfaction of either of the following: +(A) High school attendance in California for three or more years. +(B) Attainment of credits earned in California from a California high school equivalent to three or more years of full-time high school coursework and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of those schools. +(2) Graduation from a California high school or attainment of the equivalent thereof. +(3) Registration as an entering student at, or current enrollment at, an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year. +(4) In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so. +(b) A student exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes. +(c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall prescribe rules and regulations for the implementation of this section. +(d) Student information obtained in the implementation of this section is confidential. +SEC. 9. +Section 69505 of the Education Code is amended to read: +69505. +(a) To the extent that federal financial analysis methodology incorporates this exemption, income received as reparation payments paid pursuant to federal law on or after October 1, 1990, for the purpose of redressing the injustice done to United States citizens and permanent residents of Japanese ancestry who were interned during World War II shall not be considered in determining an applicant’s financial need. +(b) To the extent that federal financial analysis methodology incorporates this exemption, income received as reparation payments paid by the Canadian government for the purpose of redressing the injustice done to persons of Japanese ancestry who were interned in Canada during World War II shall not be considered in determining an applicant’s financial need. +SEC. 10. +(a) Sections 3 to 8, inclusive, of this act shall not become operative unless, on or before January 20, 2017, the Superintendent of Public Instruction certifies, in writing, to the Secretary of State of California that House Resolution 3785 of the 114th United States Congress, or an equivalent measure, has been enacted and the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act has become law, accomplishing both of the following with respect to an executive agency of the federal government: +(1) The replacement of the term “alien” with the term “foreign national” when used to refer to an individual who is not a citizen or national of the United States. +(2) The replacement of the term “illegal alien” with the term “undocumented foreign national” when used to refer to an individual who is unlawfully present in the United States or who lacks a lawful immigration status in the United States. +(b) In the event that the Superintendent of Public Instruction makes the certification referenced in subdivision (a), Section 2 of this act shall become inoperative.","(1) The existing California Civil Liberties Public Education Act has been enacted for the stated purpose of sponsoring public educational activities and development of educational materials to ensure that the events surrounding the exclusion, forced removal, and internment of persons of Japanese ancestry will be remembered and so that the causes and circumstances of this and similar events may be illuminated and understood. +Existing law requires, to the extent that federal financial analysis methodology incorporates this exemption, income received as reparation payments paid pursuant to federal law for the purpose of redressing the injustice done to persons of Japanese ancestry who were interned during World War II not be considered in determining an applicant’s financial need for purposes of student financial aid programs. +This bill would delete the term “resident aliens” from these provisions and replace it with the term “permanent residents.” +(2) Existing law expresses findings of the Legislature with respect to the impact of the federal Immigration Reform and Control Act of 1986 on illegal aliens. Existing law also states the intent of the Legislature to establish a state test that may be used by eligible aliens to attest to their understanding of English and understanding of the history and government of the United States to meet the requirements of that act. Existing law requires the Superintendent of Public Instruction, in consultation with the Chancellor of the California Community Colleges, to develop the state test referenced above. +This bill would delete the word “illegal” from the legislative findings relating to these aliens. +(3) This bill would also replace the word “alien” with the term “foreign national” in various provisions relating to educational services provided to immigrants, relating to adult education, and relating to the determination of residence for students of specified public postsecondary educational institutions, but this replacement would be operative only if the Superintendent certifies, in writing, to the Secretary of State of California on or before January 20, 2017, that this terminology has been changed in federal law as specified.","An act to amend Sections 13000, 32400, 32401, 52613, 52651, 68062, 68130.5, and 69505 of the Education Code, relating to educational services." +945,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6902.6 is added to the Revenue and Taxation Code, to read: +6902.6. +(a) A claim for refund that is otherwise valid under Sections 6902 and 6904 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. +(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 6481), Article 3 (commencing with Section 6511), or Article 4 (commencing with Section 6536) of Chapter 5. +(c) This section shall apply only to claims for refunds made on or after the effective date of the act adding this section. +SEC. 2. +Section 9152.3 is added to the Revenue and Taxation Code, to read: +9152.3. +(a) A claim for refund that is otherwise valid under Sections 9152 and 9153 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. +(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 8776), Article 3 (commencing with Section 8801), or Article 4 (commencing with Section 8826) of Chapter 4. +(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. +SEC. 3. +Section 30362.2 is added to the Revenue and Taxation Code, to read: +30362.2. +(a) A claim for refund that is otherwise valid under Sections 30362 and 30363 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. +(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 30201), Article 3 (commencing with Section 30221), or Article 4 (commencing with Section 30241) of Chapter 4. +(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. +SEC. 4. +Section 32402.3 is added to the Revenue and Taxation Code, to read: +32402.3. +(a) A claim for refund that is otherwise valid under Section 32402 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. +(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 32271), Article 3 (commencing with Section 32291), or Article 5 (commencing with Section 32311) of Chapter 6. +(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. +SEC. 5. +Section 40112.3 is added to the Revenue and Taxation Code, to read: +40112.3. +(a) A claim for refund that is otherwise valid under Sections 40112 and 40113 that is made in the case in which the amount of surcharge determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. +(b) For purposes of this section, “amount of surcharge determined” means an amount of surcharge, interest, or penalty, with respect to a single determination made under Article 3 (commencing with Section 40071) or Article 4 (commencing with Section 40081) of Chapter 4. +(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. +SEC. 6. +Section 41101.3 is added to the Revenue and Taxation Code, to read: +41101.3. +(a) A claim for refund that is otherwise valid under Sections 41101 and 41102 that is made in the case in which the amount of surcharge determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. +(b) For purposes of this section, “amount of surcharge determined” means an amount of surcharge, interest, or penalty, with respect to a single determination made under Article 3 (commencing with Section 41070) or Article 4 (commencing with Section 41080) of Chapter 4. +(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. +SEC. 7. +Section 43452.3 is added to the Revenue and Taxation Code, to read: +43452.3. +(a) A claim for refund that is otherwise valid under Section 43452 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. +(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 43201) or Article 5 (commencing with Section 43350) of Chapter 3. +(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. +SEC. 8. +Section 45652.3 is added to the Revenue and Taxation Code, to read: +45652.3. +(a) A claim for refund that is otherwise valid under Section 45652 that is made in the case in which the amount of fee determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. +(b) For purposes of this section, “amount of fee determined” means an amount of fee, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 45201) or Article 4 (commencing with Section 45351) of Chapter 3. +(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. +SEC. 9. +Section 46502.3 is added to the Revenue and Taxation Code, to read: +46502.3. +(a) A claim for refund that is otherwise valid under Sections 46502 and 46503 that is made in the case in which the amount of fee determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. +(b) For purposes of this section, “amount of fee determined” means an amount of fee, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 46201), Article 3 (commencing with Section 46251), or Article 4 (commencing with Section 46301) of Chapter 3. +(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. +SEC. 10. +Section 50140.3 is added to the Revenue and Taxation Code, to read: +50140.3. +(a) A claim for refund that is otherwise valid under Section 50140 that is made in the case in which the amount of fee determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. +(b) For purposes of this section, “amount of fee determined” means an amount of fee, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 50113) or Article 4 (commencing with Section 50120.1) of Chapter 3. +(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. +SEC. 11. +Section 55222.3 is added to the Revenue and Taxation Code, to read: +55222.3. +(a) A claim for refund that is otherwise valid under Section 55222 that is made in the case in which the amount of fee determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. +(b) For purposes of this section, “amount of fee determined” means an amount of fee, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 55061) or Article 4 (commencing with Section 55101) of Chapter 3. +(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. +SEC. 12. +Section 60522.3 is added to the Revenue and Taxation Code, to read: +60522.3. +(a) A claim for refund that is otherwise valid under Sections 60522 and 60523 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. +(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 60301), Article 3 (commencing with Section 60310), or Article 4 (commencing with Section 60330) of Chapter 6. +(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.","Existing law establishes procedures by which a person may claim a refund for an overpayment of the taxes, fees, and surcharges imposed by the Sales and Use Tax Law, the Use Fuel Tax Law, the Cigarette and Tobacco Products Tax Law, the Alcoholic Beverage Tax Law, the Energy Resources Surcharge Law, the Emergency Telephone Users Surcharge Act, the Hazardous Substances Tax Law, the Integrated Waste Management Fee Law, the Oil Spill Response, Prevention, and Administration Fees Law, the Underground Storage Tank Maintenance Fee Law, and the Diesel Fuel Tax Law, and of taxes, fees, and surcharges imposed in accordance with the Fee Collection Procedures Law. Existing law generally requires that a claim be filed within 3 years after specified periods in which the overpayment was made. +This bill would, with respect to each of the above-described laws, provide that a claim that is otherwise valid that is made in the case in which the amount of tax determined, as defined, has not been paid in full is deemed a timely filed claim for refund with respect to all subsequent payments applied to that determination. The bill would specify that its provisions apply only to claims for refund on or after its effective date.","An act to add Sections 6902.6, 9152.3, 30362.2, 32402.3, 40112.3, 41101.3, 43452.3, 45652.3, 46502.3, 50140.3, 55222.3, and 60522.3 to the Revenue and Taxation Code, relating to taxation." +946,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7500.1 of the Business and Professions Code is amended to read: +7500.1. +The following terms as used in this chapter have the meaning expressed in this section: +(a) “Advertisement” means any written or printed communication, including a directory listing, except a free telephone directory listing that does not allow space for a license number. +(b) “Assignment” or “repossession order” means any written authorization by the legal owner, lienholder, lessor, lessee, or registered owner, or the agent of any of them, to skip trace, locate, or repossess any collateral, including, but not limited to, collateral registered under the Vehicle Code that is subject to a security agreement that contains a repossession clause. “Assignment” or “repossession order” also means any written authorization by an employer to recover any collateral entrusted to an employee or former employee in possession of the collateral. A photocopy of an assignment or repossession order, facsimile copy of an assignment or repossession order, or electronic format of an assignment or repossession order shall have the same force and effect as an original written assignment or repossession order. +(c) “Bureau” means the Bureau of Security and Investigative Services. +(d) “Chief” means the Chief of the Bureau of Security and Investigative Services. +(e) “Collateral” means any specific vehicle, trailer, boat, recreational vehicle, motor home, appliance, or other property that is subject to a security agreement. +(f) “Combustibles” means any substances or articles that are capable of undergoing combustion or catching fire, or that are flammable, if retained. +(g) “Dangerous drugs” means any controlled substances as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code. +(h) “Deadly weapon” means and includes any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, metal knuckles, dirk, dagger, pistol, or revolver, or any other firearm, any knife having a blade longer than five inches, any razor with an unguarded blade, and any metal pipe or bar used or intended to be used as a club. +(i) “Debtor” means any person obligated under a security agreement. +(j) “Department” means the Department of Consumer Affairs. +(k) “Director” means the Director of Consumer Affairs. +(l) “Electronic format” includes, but is not limited to, a text message, email, or Internet posting. +(m) “Health hazard” means any personal effects that if retained would produce an unsanitary or unhealthful condition, or which might damage other personal effects. +(n) “Legal owner” means a person holding a security interest in any collateral where the collateral is subject to a security agreement, a lien against any collateral, an assignment or a repossession order, or an interest in any collateral that is subject to a lease agreement. +(o) “Licensee” means an individual, partnership, limited liability company, or corporation licensed under this chapter as a repossession agency. +(p) “Multiple licensee” means a repossession agency holding more than one repossession license under this chapter, with one fictitious trade style and ownership, conducting repossession business from additional licensed locations other than the location shown on the original license. +(q) “Person” includes any individual, partnership, limited liability company, or corporation. +(r) “Personal effects” means any property that is not the property of the legal owner. +(s) “Private building” means and includes any dwelling, outbuilding, or other enclosed structure. +(t) “Qualified certificate holder” or “qualified manager” is a person who possesses a valid qualification certificate in accordance with the provisions of Article 5 (commencing with Section 7504) and is in active control or management of, and who is a director of, the licensee’s place of business. +(u) “Registered owner” means the individual listed in the records of the Department of Motor Vehicles, on a conditional sales contract, or on an assignment or a repossession order, as the registered owner. +(v) “Registrant” means a person registered under this chapter. +(w) “Secured area” means and includes any fenced and locked area. +(x) “Security agreement” means an obligation, pledge, mortgage, chattel mortgage, lease agreement, deposit, or lien, given by a debtor as security for payment or performance of his or her debt, by furnishing the creditor with a recourse to be used in case of failure in the principal obligation. “Security agreement” also includes a bailment where an employer-employee relationship exists or existed between the bailor and the bailee. +(y) “Services” means any duty or labor to be rendered by one person for another. +(z) “Violent act” means any act that results in bodily harm or injury to any party involved. +(aa) The amendments made to this section by Chapter 418 of the Statutes of 2006 shall not be deemed to exempt any person from the provisions of this chapter. +SEC. 2. +Section 7504 of the Business and Professions Code is amended to read: +7504. +(a) Except as otherwise provided in this chapter, an applicant for a qualification certificate shall comply with all of the following: +(1) Be at least 18 years of age. +(2) Have been, for at least two years of lawful experience, during the five years preceding the date on which his or her application is filed, a registrant or have had two years of lawful experience in recovering collateral within this state. Lawful experience means experience in recovering collateral as a registrant pursuant to this chapter or as a salaried employee of a financial institution or vehicle dealer. Lawful experience does not include any employment performing work other than skip tracing or actual collateral recovery. +Two years’ experience shall consist of not less than 4,000 hours of actual compensated work performed by the applicant preceding the filing of an application. +An applicant shall certify that he or she has completed the claimed hours of qualifying experience and the exact details as to the character and nature thereof by written certifications from the employer, licensee, financial institution, or vehicle dealer, subject to independent verification by the director as he or she may determine. In the event of the inability of an applicant to supply the written certifications from the employer, licensee, financial institution, or vehicle dealer, in whole or in part, applicants may offer other written certifications from other persons substantiating their experience for consideration by the director. All certifications shall include a statement that representations made are true, correct, and contain no material omissions of fact to the best knowledge and belief of the applicant or the person submitting the certification. An applicant or person submitting the certification who declares as true any material matter pursuant to this paragraph that he or she knows to be false is guilty of a misdemeanor. +(3) Complete and forward to the bureau a qualified certificate holder application which shall be on a form prescribed by the director and signed by the applicant. An applicant who declares as true any material matter pursuant to this paragraph that he or she knows to be false is guilty of a misdemeanor. The application shall be accompanied by two recent photographs of the applicant, of a type prescribed by the director, and two classifiable sets of his or her fingerprints. The residence address, residence telephone number, and driver’s license number of each qualified certificate holder or applicant for a qualification certificate, if requested, shall be confidential pursuant to the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) and shall not be released to the public. +(4) Pass the required examination. +(5) Pay the required application and examination fees to the bureau. +(b) Upon the issuance of the initial qualification certificate or renewal qualification certificate, the bureau shall issue to the certificate holder a suitable pocket identification card which includes a photograph of the certificate holder. The photograph shall be of a size prescribed by the bureau. The card shall contain the name of the licensee with whom the certificate holder is employed. +(c) The application form shall contain a statement informing the applicant that a false or dishonest answer to a question may be grounds for denial or subsequent suspension or revocation of a qualification certificate. +SEC. 3. +Section 7507.3 of the Business and Professions Code is amended to read: +7507.3. +A repossession agency shall be required to keep and maintain adequate records of all transactions, including, but not limited to, assignment or repossession order forms; vehicle report of repossession required by Section 28 of the Vehicle Code; vehicle condition reports, including odometer readings, if available; personal effects inventory; notice of seizure; and records of all transactions pertaining to the sale of collateral that has been repossessed, including, but not limited to, bids solicited and received, cash received, deposits made to the trust account, remittances to the seller, and allocation of any moneys not so remitted to appropriate ledger accounts. Records, including bank statements of the trust account, shall be retained for a period of not less than four years and shall be available for examination by the bureau upon demand. In addition, collateral and personal effects storage areas shall be made accessible for inspection by the bureau upon demand. An assignment or repossession order form may be an original, a photocopy, a facsimile copy, or a copy stored in an electronic format. +SEC. 4. +Section 7507.13 of the Business and Professions Code is amended to read: +7507.13. +(a) A licensed repossession agency is not liable for the act or omission of a legal owner, debt collector, debtor, lienholder, lessor, lessee, or registered owner, or an agent of any of them, in making an assignment or repossession order to it or for accepting an assignment or repossession order from any legal owner, debt collector, debtor, lienholder, lessor, lessee, or registered owner, or an agent of any of them, and is entitled to indemnity from the legal owner, debt collector, debtor, lienholder, lessor, lessee, or registered owner for any loss, damage, cost, or expense, including court costs and attorney’s fees, that it may reasonably incur as a result thereof. Nothing in this subdivision limits the liability of any person for his or her tortious conduct. +(b) The legal owner, debt collector, debtor, lienholder, lessor, lessee, or registered owner, or the agent of any of them, is not liable for any act or omission by a licensed repossession agency, or its agent, in carrying out an assignment or repossession order and is entitled to indemnity from the repossession agency for any loss, damage, cost, or expense, including court costs and attorney’s fees, that the legal owner, debt collector, debtor, lienholder, lessor, lessee, or registered owner, or the agent of any of them, may reasonably incur as a result thereof. Nothing in this subdivision limits the liability of any person for his or her tortious conduct. +(c) The legal owner, debtor, lienholder, lessor, lessee, or registered owner, or the agent of any of them, is not guilty of a violation of Section 7502.1 or 7502.2 if, at the time of the assignment or repossession order, the party making the assignment or repossession order has in its possession a copy of the repossessor’s current, unexpired repossession agency license, and a copy of the current, unexpired repossession agency’s qualified manager’s certificate, and does not have actual knowledge of any order of suspension or revocation of the license or certificate. +(d) Neither a licensed repossession agency nor a legal owner, debtor, lienholder, lessor, lessee, or registered owner, or an agent of any of them may, by any means, direct or indirect, express or implied, instruct or attempt to coerce the other to violate any law, regulation, or rule regarding the recovery of any collateral, including, but not limited to, the provisions of this chapter or Section 9609 of the Commercial Code. +(e) A licensed repossession agency, at least annually, on or before January 31 of each year, shall provide a legal owner from which the agency accepts an assignment or repossession order with a copy of this section, Sections 7500.2, 7507.4, 7507.115, 7507.12, and 7507.125 of this code, and Section 28 of the Vehicle Code. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) The Collateral Recovery Act provides for the licensure and regulation of repossession agencies by the Bureau of Security and Investigative Services under the supervision and control of the Director of Consumer Affairs. That act defines the term “repossession” as meaning the locating or recovering of collateral by means of an assignment. That act defines the term “assignment” as any written authorization by the legal owner, lienholder, lessor, lessee, registered owner, or the agent of any of them, to repossess any collateral or any written authorization by an employer to recover any collateral entrusted to an employee or former employee in possession of the collateral. That act provides for the issuance of qualification certificates, required for the management of the places of business of licensed repossession agencies, to applicants who meet certain requirements, including, among others, 2 years of lawful experience in recovering collateral and provides that lawful experience does not include employment performing work other than skip tracing, debt collection, or actual collateral recovery. That act makes a violation of any of its provisions a crime. +This bill would remove debt collection from the employment included under lawful experience. The bill would change the definition of assignment to also include any written authorization to skip trace or locate, would define the term “repossession order” as having the same meaning as “assignment,” and would make conforming changes. The bill would delete the definition for the term “repossession.” By expanding the scope of a crime, this bill would impose a state-mandated local program. +Under the Collateral Recovery Act, licensed repossession agencies are not liable for specified acts or omissions of a legal owner, debtor, lienholder, lessor, lessee, registered owner, or agent of any of them, and are entitled to indemnity from the legal owner, debtor, lienholder, lessor, lessee, or registered owner for losses incurred as a result of those acts or omissions. Under the act, those persons or their agents are not liable for acts or omissions by a licensed repossession agency or its agent in carrying out a repossession order and are entitled to indemnity from the licensed repossession agency for losses incurred as a result of those acts or omissions, as specified. +This bill would extend the above-described provisions applicable to a legal owner, debtor, lienholder, lessor, lessee, or registered owner to a debt collector. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 7500.1, 7504, 7507.3, and 7507.13 of the Business and Professions Code, relating to collateral recovery." +947,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1464 of the Penal Code is amended to read: +1464. +(a) (1) Subject to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and except as otherwise provided in this section, there shall be levied a state penalty in the amount of ten dollars ($10) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including all offenses, except parking offenses as defined in subdivision (i) of Section 1463, involving a violation of a section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. +(2) Any bail schedule adopted pursuant to Section 1269b or bail schedule adopted by the Judicial Council pursuant to Section 40310 of the Vehicle Code may include the necessary amount to pay the penalties established by this section and Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and the surcharge authorized by Section 1465.7, for all matters where a personal appearance is not mandatory and the bail is posted primarily to guarantee payment of the fine. +(3) The penalty imposed by this section does not apply to the following: +(A) Any restitution fine. +(B) Any penalty authorized by Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code. +(C) Any parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. +(D) The state surcharge authorized by Section 1465.7. +(b) Where multiple offenses are involved, the state penalty shall be based upon the total fine or bail for each case. When a fine is suspended, in whole or in part, the state penalty shall be reduced in proportion to the suspension. +(c) When any deposited bail is made for an offense to which this section applies, and for which a court appearance is not mandatory, the person making the deposit shall also deposit a sufficient amount to include the state penalty prescribed by this section for forfeited bail. If bail is returned, the state penalty paid thereon pursuant to this section shall also be returned. +(d) In any case where a person convicted of any offense, to which this section applies, is in prison until the fine is satisfied, the judge may waive all or any part of the state penalty, the payment of which would work a hardship on the person convicted or his or her immediate family. +(e) After a determination by the court of the amount due, the clerk of the court shall collect the penalty and transmit it to the county treasury. The portion thereof attributable to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code shall be deposited in the appropriate county fund and 70 percent of the balance shall then be transmitted to the State Treasury, to be deposited in the State Penalty Fund, which is hereby created, and 30 percent to remain on deposit in the county general fund. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by a county. +(f) The moneys so deposited in the State Penalty Fund shall be distributed as follows: +(1) Once a month there shall be transferred into the Fish and Game Preservation Fund an amount equal to 0.33 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month, except that the total amount shall not be less than the state penalty levied on fines or forfeitures for violation of state laws relating to the protection or propagation of fish and game. These moneys shall be used for the education or training of department employees which fulfills a need consistent with the objectives of the Department of Fish and +Game. +Wildlife. +(2) Once a month there shall be transferred into the Restitution Fund an amount equal to 32.02 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. Those funds shall be made available in accordance with Section 13967 of the Government Code. +(3) Once a month there shall be transferred into the Peace Officers’ Training Fund an amount equal to 23.99 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. +(4) Once a month there shall be transferred into the +Driver Training Penalty Assessment +Body-worn Camera +Fund an amount equal to 25.70 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. +(5) Once a month there shall be transferred into the Corrections Training Fund an amount equal to 7.88 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. Money in the Corrections Training Fund is not continuously appropriated and shall be appropriated in the Budget Act. +(6) Once a month there shall be transferred into the Local Public Prosecutors and Public Defenders Training Fund established pursuant to Section 11503 an amount equal to 0.78 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. The amount so transferred shall not exceed the sum of eight hundred fifty thousand dollars ($850,000) in any fiscal year. The remainder in excess of eight hundred fifty thousand dollars ($850,000) shall be transferred to the Restitution Fund. +(7) Once a month there shall be transferred into the Victim-Witness Assistance Fund an amount equal to 8.64 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. +(8) (A) Once a month there shall be transferred into the Traumatic Brain Injury Fund, created pursuant to Section 4358 of the Welfare and Institutions Code, an amount equal to 0.66 percent of the state penalty funds deposited into the State Penalty Fund during the preceding month. However, the amount of funds transferred into the Traumatic Brain Injury Fund for the 1996–97 fiscal year shall not exceed the amount of five hundred thousand dollars ($500,000). Thereafter, funds shall be transferred pursuant to the requirements of this section. Notwithstanding any other provision of law, the funds transferred into the Traumatic Brain Injury Fund for the 1997–98, 1998–99, and 1999–2000 fiscal years, may be expended by the State Department of Mental Health, in the current fiscal year or a subsequent fiscal year, to provide additional funding to the existing projects funded by the Traumatic Brain Injury Fund, to support new projects, or to do both. +(B) Any moneys deposited in the State Penalty Fund attributable to the assessments made pursuant to subdivision (i) of Section 27315 of the Vehicle Code on or after the date that Chapter 6.6 (commencing with Section 5564) of Part 1 of Division 5 of the Welfare and Institutions Code is repealed shall be utilized in accordance with paragraphs (1) to (8), inclusive, of this subdivision. +SEC. 2. +Title 14 (commencing with Section 14400) is added to Part 4 of the Penal Code, to read: +TITLE 14. Body-Worn Camera Grant Program for Local Law Enforcement +14400. +The Board of State and Community Corrections shall develop a grant program for the purpose of making funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment, and to hire personnel necessary to operate a local body-worn camera program. +14402. +The Body-worn Camera Fund is hereby created. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the Board of State and Community Corrections for the purposes of Section 14400. +14404. +If federal funds become available for the purpose of purchasing body-worn cameras and related equipment for local law enforcement, the Board of State and Community Corrections shall adjust the grant program to maximize state and local competitiveness in obtaining federal funds, and the board shall either apply for federal funds on behalf of a local law enforcement agency, or reimburse a local law enforcement agency that has expended funds for federal funds purposes. +SECTION 1. +Section 566 of the +Penal Code +is amended to read: +566. +It is a felony, punishable by a fine not exceeding one thousand five hundred dollars ($1,500), or by imprisonment pursuant to subdivision (h) of Section 1170, or both, for an unauthorized person to possess or use, or to obliterate or destroy the brand registration upon, containers, including milk cases, cabinets, or other dairy equipment, which have a value in excess of nine hundred fifty dollars ($950), when the containers, cabinets, or other dairy equipment are marked with a brand that is registered pursuant to Chapter 10 (commencing with Section 34501) of Part 1 of Division 15 of the Food and Agricultural Code. For purposes of this section, “unauthorized person” has the same meaning as defined in Section 34564 of the Food and Agricultural Code.","Existing law generally requires local agencies to provide each newly hired police officer and deputy sheriff with a pistol and other specified equipment. +This bill would require the Board of State and Community Corrections to develop a grant program to make funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment, and to hire personnel necessary to operate a local body-worn camera program. The bill would create the Body-worn Camera Fund, that would continuously appropriate funds to the board for those purposes. +Existing law creates the State Penalty Fund into which moneys collected by the courts from the imposition of fines, forfeitures, or penalties on criminal offenses are deposited. Once a month, certain percentages of money in that fund are transferred into other funds, including, among others, the Driver Training Penalty Assessment Fund. +This bill would delete the transfer requirement for the Driver Training Penalty Assessment Fund and instead require a transfer to the Body-worn Camera Fund. +By transferring general fund moneys into a continuously appropriated fund, this bill would make an appropriation. +Existing law makes it a felony for an unauthorized person, as defined, to possess, or use, or to obliterate or destroy the brand registration upon, containers, including milk cases, cabinets, or other dairy equipment, which have a value in excess of $950. +This bill would make technical, nonsubstantive changes to this provision.","An act to amend Section +566 of the Penal Code, relating to branded containers. +1464 of, and to add Title 14 (commencing with Section 14400) to Part 4 of, the Penal Code, relating to peace officers, and making an appropriation therefor." +948,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 27491.41 of the Government Code is amended to read: +27491.41. +(a) For purposes of this section, “sudden infant death syndrome” means the sudden death of any infant that is unexpected by the history of the infant and where a thorough postmortem examination fails to demonstrate an adequate cause of death. +(b) The Legislature finds and declares that sudden infant death syndrome, also referred to as SIDS, is the leading cause of death for children under age one, striking one out of every 500 children. The Legislature finds and declares that sudden infant death syndrome is a serious problem within the State of California, and that the public interest is served by research and study of sudden infant death syndrome and its potential causes and indications. +(c) (1) To facilitate these purposes, the coroner shall, within 24 hours or as soon thereafter as feasible, perform an autopsy in any case where an infant has died suddenly and unexpectedly. +(2) However, if the attending physician desires to certify that the cause of death is sudden infant death syndrome, an autopsy may be performed at the discretion of the coroner. If the coroner performs an autopsy pursuant to this section, he or she shall also certify the cause of death. +(d) The autopsy shall be conducted pursuant to a standardized protocol developed by the State Department of Public Health. The protocol is exempt from the procedural requirements pertaining to the adoption of administrative rules and regulations pursuant to Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. +(e) The protocol shall be followed by all coroners throughout the state when conducting the autopsies required by this section. The coroner shall state on the certificate of death that sudden infant death syndrome was the cause of death when the coroner’s findings are consistent with the definition of sudden infant death syndrome specified in the standardized autopsy protocol. The protocol may include requirements and standards for scene investigations, requirements for specific data, criteria for ascertaining cause of death based on the autopsy, and criteria for any specific tissue sampling, and any other requirements. The protocol may also require that specific tissue samples shall be provided to a central tissue repository designated by the State Department of Public Health. +(f) The State Department of Public Health shall establish procedures and protocols for access by researchers to any tissues, or other materials or data authorized by this section. Research may be conducted by any individual with a valid scientific interest and prior approval from the State Committee for the Protection of Human Subjects. The tissue samples, the materials, and all data shall be subject to the confidentiality requirements of Section 103850 of the Health and Safety Code. +(g) The coroner may take tissue samples for research purposes from infants who have died suddenly and unexpectedly without consent of the responsible adult if the tissue removal is not likely to result in any visible disfigurement. +(h) A coroner shall not be liable for damages in a civil action for any act or omission done in compliance with this section. +(i) Consent of any person is not required before undertaking the autopsy required by this section. +SEC. 1.5. +Section 27491.41 of the Government Code is amended to read: +27491.41. +(a) For purposes of this section, “sudden infant death syndrome” means the sudden death of any infant that is unexpected by the history of the infant and where a thorough postmortem examination fails to demonstrate an adequate cause of death. +(b) The Legislature finds and declares that sudden infant death syndrome, also referred to as SIDS, is the leading cause of death for children under age one, striking one out of every 500 children. The Legislature finds and declares that sudden infant death syndrome is a serious problem within the State of California, and that the public interest is served by research and study of sudden infant death syndrome and its potential causes and indications. +(c) (1) To facilitate these purposes, the coroner shall, within 24 hours or as soon thereafter as feasible, cause an autopsy to be performed in any case where an infant has died suddenly and unexpectedly. +(2) However, if the attending licensed physician and surgeon desires to certify that the cause of death is sudden infant death syndrome, an autopsy may be performed at the discretion of the coroner. If the coroner causes an autopsy to be performed pursuant to this section, he or she shall also certify the cause of death. +(d) The autopsy shall be conducted pursuant to a standardized protocol developed by the State Department of Public Health. The protocol is exempt from the procedural requirements pertaining to the adoption of administrative rules and regulations pursuant to Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. +(e) The protocol shall be followed by all coroners throughout the state when conducting an evaluation as part of an autopsy required by this section. The coroner shall state on the certificate of death that sudden infant death syndrome was the cause of death when the coroner’s findings are consistent with the definition of sudden infant death syndrome specified in the standardized autopsy protocol. The protocol may include requirements and standards for scene investigations, requirements for specific data, criteria for ascertaining cause of death based on the autopsy, and criteria for any specific tissue sampling, and any other requirements. The protocol may also require that specific tissue samples shall be provided to a central tissue repository designated by the State Department of Public Health. +(f) The State Department of Public Health shall establish procedures and protocols for access by researchers to any tissues, or other materials or data authorized by this section. Research may be conducted by any individual with a valid scientific interest and prior approval from the State Committee for the Protection of Human Subjects. The tissue samples, the materials, and all data shall be subject to the confidentiality requirements of Section 103850 of the Health and Safety Code. +(g) The coroner may take tissue samples for research purposes from infants who have died suddenly and unexpectedly without consent of the responsible adult if the tissue removal is not likely to result in any visible disfigurement. +(h) A coroner or licensed physician and surgeon shall not be liable for damages in a civil action for any act or omission done in compliance with this section. +(i) Consent of any person is not required before undertaking the autopsy required by this section. +SEC. 2. +Section 27491.42 is added to the Government Code, to read: +27491.42. +(a) For purposes of this article, “sudden unexplained death in childhood” means the sudden death of a child one year of age or older but under 18 years of age that is unexplained by the history of the child and where a thorough postmortem examination fails to demonstrate an adequate cause of death. +(b) The coroner shall notify the parent or responsible adult of a child described in subdivision (a) about the importance of taking tissue samples. +(c) A coroner shall not be liable for damages in a civil action for any act or omission in compliance with this section. +SEC. 3. +Section 1.5 of this bill incorporates amendments to Section 27491.41 of the Government Code proposed by both this bill and Senate Bill 1189. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 27491.41 of the Government Code, and (3) this bill is enacted after Senate Bill 1189, in which case Section 1 of this bill shall not become operative. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law states that the Legislature finds and declares that sudden infant death syndrome, as defined, is the leading cause of death for children under age one. Existing law requires the coroner to, among other things, perform an autopsy, within 24 hours or as soon thereafter as feasible, in any case where an infant has died suddenly and unexpectedly. +This bill would define “sudden unexplained death in childhood” as the sudden death of a child one year of age or older but under 18 years of age that is unexplained by the history of the child and for which a thorough postmortem examination fails to demonstrate an adequate cause of death. The bill would require the coroner to notify the parent or responsible adult of a child within that definition about the importance of taking tissue samples. The bill would also exempt the coroner from liability for damages in a civil action for any act or omission done in compliance with these provisions. The bill would make other, nonsubstantive, changes. +By expanding the duties of a local agency, this bill would create a state-mandated local program. +This bill would incorporate additional changes to Section 27491.41 of the Government Code, proposed by SB 1189, to be operative only if SB 1189 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 27491.41 of, and to add Section 27491.42 to, the Government Code, relating to inquests." +949,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6027 of the Penal Code is amended to read: +6027. +(a) It shall be the duty of the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, including, but not limited to, prevention, intervention, suppression, supervision, and incapacitation, as they relate to both adult corrections, juvenile justice, and gang problems. The board shall seek to collect and make publicly available up-to-date data and information reflecting the impact of state and community correctional, juvenile justice, and gang-related policies and practices enacted in the state, as well as information and data concerning promising and evidence-based practices from other jurisdictions. +(b) Consistent with subdivision (c) of Section 6024, the board shall also: +(1) Develop recommendations for the improvement of criminal justice and delinquency and gang prevention activity throughout the state. +(2) Identify, promote, and provide technical assistance relating to evidence-based programs, practices, and promising and innovative projects consistent with the mission of the board. +(3) Develop definitions of key terms, including, but not limited to, “recidivism,” “average daily population,” “treatment program completion rates,” and any other terms deemed relevant in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based practices, promising evidence-based practices, and evidence-based programs. In developing these definitions, the board shall consult with the following stakeholders and experts: +(A) A county supervisor or county administrative officer, selected after conferring with the California State Association of Counties. +(B) A county sheriff, selected after conferring with the California State Sheriffs’ Association. +(C) A chief probation officer, selected after conferring with the Chief Probation Officers of California. +(D) A district attorney, selected after conferring with the California District Attorneys Association. +(E) A public defender, selected after conferring with the California Public Defenders Association. +(F) The Secretary of the Department of Corrections and Rehabilitation. +(G) A representative from the Administrative Office of the Courts. +(H) A representative from a nonpartisan, nonprofit policy institute with experience and involvement in research and data relating to California’s criminal justice system. +(I) A representative from a nonprofit agency providing comprehensive reentry services. +(4) Receive and disburse federal funds, and perform all necessary and appropriate services in the performance of its duties as established by federal acts. +(5) Develop comprehensive, unified, and orderly procedures to ensure that applications for grants are processed fairly, efficiently, and in a manner consistent with the mission of the board. +(6) Identify delinquency and gang intervention and prevention grants that have the same or similar program purpose, are allocated to the same entities, serve the same target populations, and have the same desired outcomes for the purpose of consolidating grant funds and programs and moving toward a unified single delinquency intervention and prevention grant application process in adherence with all applicable federal guidelines and mandates. +(7) Cooperate with and render technical assistance to the Legislature, state agencies, units of general local government, combinations of those units, or other public or private agencies, organizations, or institutions in matters relating to criminal justice and delinquency prevention. +(8) Develop incentives for units of local government to develop comprehensive regional partnerships whereby adjacent jurisdictions pool grant funds in order to deliver services, such as job training and employment opportunities, to a broader target population, including at-risk youth, and maximize the impact of state funds at the local level. +(9) Conduct evaluation studies of the programs and activities assisted by the federal acts. +(10) Identify and evaluate state, local, and federal gang and youth violence suppression, intervention, and prevention programs and strategies, along with funding for those efforts. The board shall assess and make recommendations for the coordination of the state’s programs, strategies, and funding that address gang and youth violence in a manner that maximizes the effectiveness and coordination of those programs, strategies, and resources. By January 1, 2014, the board shall develop funding allocation policies to ensure that within three years no less than 70 percent of funding for gang and youth violence suppression, intervention, and prevention programs and strategies is used in programs that utilize promising and proven evidence-based principles and practices. The board shall communicate with local agencies and programs in an effort to promote the best evidence-based principles and practices for addressing gang and youth violence through suppression, intervention, and prevention. +(11) The board shall collect from each county the plan submitted pursuant to Section 1230.1 within two months of adoption by the county boards of supervisors. Commencing January 1, 2013, and annually thereafter, the board shall collect and analyze available data regarding the implementation of the local plans and other outcome-based measures, as defined by the board in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs’ Association. By July 1, 2013, and annually thereafter, the board shall provide to the Governor and the Legislature a report on the implementation of the plans described above. +(12) Commencing on and after July 1, 2012, the board, in consultation with the Administrative Office of the Courts, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, shall support the development and implementation of first phase baseline and ongoing data collection instruments to reflect the local impact of Chapter 15 of the Statutes of 2011, specifically related to dispositions for felony offenders and postrelease community supervision. The board shall make any data collected pursuant to this paragraph available on the board’s Internet Web site. It is the intent of the Legislature that the board promote collaboration and the reduction of duplication of data collection and reporting efforts where possible. +(13) Commencing on and after July 1, 2017, the board, in consultation with the Administrative Office of the Courts, the California District Attorneys Association, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, shall collect and analyze data regarding recidivism rates of all persons who receive a sentence pursuant to paragraph (2) or (5) of subdivision (h) of Section 1170 or who are placed on postrelease community supervision on or after July 1, 2017. The data shall include, as it becomes available, recidivism rates for these offenders one, two, and three years after their release in the community. The board shall make any data collected pursuant to this paragraph available on the board’s Internet Web site on a quarterly basis beginning on September 1, 2018. As used in this paragraph, the term “recidivism” shall have the same meaning as the definition of the term developed pursuant to paragraph (3). +(c) The board may do either of the following: +(1) Collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of criminal justice in the state. +(2) Perform other functions and duties as required by federal acts, rules, regulations, or guidelines in acting as the administrative office of the state planning agency for distribution of federal grants. +(d) Nothing in this chapter shall be construed to include, in the provisions set forth in this section, funds already designated to the Local Revenue Fund 2011 pursuant to Section 30025 of the Government Code.","Existing law requires the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, as specified. Existing law also requires the board, in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs’ Association, to collect and analyze data regarding local plans implementing the 2011 public safety realignment. +This bill would require the board, in consultation with the Administrative Office of the Courts, the California District Attorneys Association, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, to collect and analyze data regarding recidivism rates of all persons who receive a felony sentence punishable by imprisonment in county jail or who are placed on postrelease community supervision. The bill would also require the board to make this data available on the board’s Internet Web site.","An act to amend Section 6027 of the Penal Code, relating to corrections." +950,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 830.1 of the +Penal Code +is amended to read: +830.1. +(a)Any sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, any chief of police of a city or chief, director, or chief executive officer of a consolidated municipal public safety agency that performs police functions, any police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city, any chief of police, or police officer of a district, including police officers of the San Diego Unified Port District Harbor Police, authorized by statute to maintain a police department, any marshal or deputy marshal of a superior court or county, any port warden or port police officer of the Harbor Department of the City of Los Angeles, or any inspector or investigator employed in that capacity in the office of a district attorney, is a peace officer. The authority of these peace officers extends to any place in the state, as follows: +(1)As to any public offense committed or which there is probable cause to believe has been committed within the political subdivision that employs the peace officer or in which the peace officer serves. +(2)Where the peace officer has the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by him or her to give consent, if the place is within a city, or of the sheriff, or person authorized by him or her to give consent, if the place is within a county. +(3)As to any public offense committed or which there is probable cause to believe has been committed in the peace officer’s presence, and with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of the offense. +(b)The Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed. +(c)Any deputy sheriff of the County of Los Angeles, and any deputy sheriff of the Counties of Butte, Calaveras, Colusa, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa, Mendocino, Merced, Plumas, Riverside, San Benito, San Diego, San Luis Obispo, Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her respective employment and for the purpose of carrying out the primary function of employment relating to his or her custodial assignments, or when performing other law enforcement duties directed by his or her employing agency during a local state of emergency. +SEC. 2. +SECTION 1. +The sum of one million three hundred fifteen thousand dollars ($1,315,000) is hereby appropriated from the General Fund to the Regents of the University of California, for allocation to the University of California, Merced, for all of the following public safety purposes: +(a) Forty thousand dollars ($40,000) for two mobile traffic message boards. +(b) Three thousand dollars ($3,000) for two fire area of refuge consoles. +(c) Eighteen thousand dollars ($18,000) for fire extinguisher training equipment. +(d) Twenty-four thousand dollars ($24,000) for three fixed license plate recognition (LPR) camera systems. +(e) One hundred forty thousand dollars ($140,000) for 40 EvacuChairs. +(f) Fifty-two thousand dollars ($52,000) for 40 automated external defibrillators with training equipment. +(g) Four hundred twenty thousand dollars ($420,000) for a mobile incident management vehicle and equipment. +(h) One hundred fifty thousand dollars ($150,000) for a mobile use of force options system. +(i) Thirty thousand dollars ($30,000) for six mobile computers with service. +(j) Forty-two thousand dollars ($42,000) for six in-car video systems. +(k) Ten thousand dollars ($10,000) for two vehicle-mounted LPR camera systems. +(l) Fifteen thousand dollars ($15,000) for one Cellebrite system. +(m) Seventy-five thousand dollars ($75,000) for one crime scene mapping system. +(n) Sixty thousand dollars ($60,000) for three portable wireless camera systems. +(o) Thirty-six thousand dollars ($36,000) for 360 crowd control barriers. +(p) Two hundred thousand dollars ($200,000) for safety improvement to an energy dissipator on Fairfield Canal.","Existing law establishes categories of peace officers with varying powers and authority to make arrests and carry firearms. Under existing law, in certain counties, a deputy sheriff, who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her employment and for the purpose of carrying out the primary function of employment relating to his or her custodial assignments, or when performing other law enforcement duties directed by his or her employing agency during a local state of emergency. +This bill would include deputy sheriffs in the County of Merced within that definition of peace officers, as specified. +Under existing law, the University of California is established, under the administration of the Regents of the University of California, as one of the segments of public postsecondary education in this state. The University of California provides instruction to students at campuses in Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz. +This bill would appropriate $1,315,000 from the General Fund to the Regents of the University of California, for allocation to the University of California, Merced, for various public safety purposes.","An act +to amend Section 830.1 of the Penal Code, +relating to public safety, and making an appropriation therefor." +951,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) Notwithstanding any law, the Director of General Services shall revert the real property described in subdivision (b) to the City of San Buenaventura. +(b) (1) The real property to be reverted pursuant to subdivision (a) is identified in Exhibit B of the Grant Deed to the State of California from the City of San Buenaventura, recorded in the County of Ventura as instrument number 20040802-0211869. +(2) Exhibit B of the grant deed described in paragraph (1) describes that real property as consisting of approximately 9.68 acres, and is described as beginning at the southeast corner of said parcel of land described in deed recorded in book 4513, page 398, of official records; thence +(A) 1st south 36˚00'00"" east, 241 feet; thence +(B) 2nd north 53˚34'00"" east, 530.66 feet to the westerly line of that linear park parcel described in that grant deed recorded as instrument number 20030904-0335457 of official records; thence along said westerly line for the following six courses +(C) 3rd south 15˚01'34"" east 47.18 feet to the beginning of a non-tangent curve concave easterly, having a radius of 527.68 feet and a radial bearing of south 64˚42'54"" east; thence +(D) 4th southwesterly along said curve an arc distance of 237.74 feet through a central angle of 25˚48'51""; thence +(E) 5th south 00˚31'45"" east, 40 feet to the beginning of a tangent curve concave westerly and having a radius of 427.68 feet; thence +(F) 6th southerly along said curve an arc distance of 114.40 feet through a central angle of 15˚19'33""; thence +(G) 7th south 40˚51'15"" west, 473.78 feet; thence +(H) 8th south 22˚46'13"" west, 161.08 feet to a point on the northerly line of Ventura County Transportation Commission right-of-way, 100 feet wide, as described in a deed recorded as instrument number 95-131254 of official records; thence along said northerly line +(I) 9th south 40˚51'15"" west, 104.73 feet to the easterly line of parcel 82 as shown on that map of tract 4542 recorded in book 148, page 24 of miscellaneous records (maps); thence along the easterly line of said tract 4542 for the following seven courses +(J) 10th north 36˚26'00"" east, 307.96 feet; thence +(K) 11th north 28˚40'59"" east, 38.85 feet; thence +(L) 12th north 36˚26'00"" east, 50.38 feet; thence +(M) 13th north 51˚19'13"" west, 134.80 feet; thence +(N) 14th north 36˚19'01"" east 110.16 feet to the beginning of a non-tangent curve concave westerly, having a radius of 150 feet and a radial bearing of north 33˚52'13"" west; thence +(O) 15th northerly along said curve an arc distance of 242.33 feet through a central angle of 92˚33'47""; thence +(P) 16th north 53˚34'00"" east, 313 feet to the point of beginning. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the requirements to build a veterans’ home on said parcel of land, as contained in the grant deed recorded in the County of Ventura as instrument number 20040802-0211869, the fact that the State of California has no plans to build a veterans’ home on said parcel of land, and that the City of San Buenaventura wants to explore constructing veterans’ housing on that parcel of land at the earliest opportunity. +SECTION 1. +Section 35147 of the +Education Code +is amended to read: +35147. +(a)Except as specified in this section, any meeting of the councils or committees specified in subdivision (b) is exempt from the provisions of this article, the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Division 3 of Title 2 of the Government Code), and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code). +(b)The councils and schoolsite advisory committees established pursuant to Sections 52063, 52069, 52176, and 52852, subdivision (b) of Section 54425, Sections 54444.2 and 62002.5, and committees formed pursuant to Section 11503, are subject to this section. +(c)(1)Any meeting held by a council or committee specified in subdivision (b) shall be open to the public, and any member of the public shall be able to address the council or committee during the meeting on any item within the subject matter jurisdiction of the council or committee. Notice of the meeting shall be posted at the schoolsite, or other appropriate place accessible to the public, at least 72 hours before the time set for the meeting. The notice shall specify the date, time, and location of the meeting, and contain an agenda describing each item of business to be discussed or acted upon. The council or committee may not take any action on any item of business unless that item appeared on the posted agenda or unless the council or committee members present, by unanimous vote, find that there is a need to take immediate action and that the need for action came to the attention of the council or committee subsequent to the posting of the agenda. +(2)Questions or brief statements made at a meeting by members of the council, committee, or public that do not have a significant effect on pupils or employees in the school or school district, or that can be resolved solely by the provision of information, need not be described on an agenda as items of business. If a council or committee violates the procedural meeting requirements of this section, and upon the demand of any person, the council or committee shall reconsider the item at its next meeting, after allowing for public input on the item. +(d)Any materials provided to a schoolsite council shall be made available to any member of the public who requests the materials pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).","Existing law requires the Department of General Services to provide planning, acquisition, construction, and maintenance of state buildings and property, and maintain a statewide property inventory of all real property held by the state. +This bill would authorize the Director of General Services to revert a specified parcel of state real property to the City of San Buenaventura pursuant to these provisions. +This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Buenaventura. +Under existing law, the meetings of school district governing boards are subject to the provisions of the Ralph M. Brown Act, which generally requires that the meetings of the governing boards of local agencies be open to the public with proper notice given, permit the recording of those meetings, prohibit legislative bodies from taking action by secret ballot and set forth other specific requirements for the conduct of those meetings. Existing law exempts the meetings of specified schoolsite councils and committees from the Ralph M. Brown Act and the Bagley-Keen Open Meeting Act, but still requires properly noticed public meetings with posted agendas. +This bill would delete obsolete statutory references from this provision and would correct references to certain parent advisory committees that fall within this exemption. The bill would also make nonsubstantive changes.","An act to amend Section 35147 of the Education Code, relating to local educational agencies. +An act relating to state real property." +952,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11545 of the Government Code is amended to read: +11545. +(a) (1) There is in state government the Department of Technology within the Government Operations Agency. The Director of Technology shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. The Director of Technology shall supervise the Department of Technology and report directly to the Governor on issues relating to information technology. +(2) Unless the context clearly requires otherwise, whenever the term “office of the State Chief Information Officer” or “California Technology Agency” appears in any statute, regulation, or contract, or any other code, it shall be construed to refer to the Department of Technology, and whenever the term “State Chief Information Officer” or “Secretary of California Technology” appears in any statute, regulation, or contract, or any other code, it shall be construed to refer to the Director of Technology. +(3) The Director of Technology shall be the State Chief Information Officer. +(b) The duties of the Director of Technology shall include, but are not limited to, all of the following: +(1) Advising the Governor on the strategic management and direction of the state’s information technology resources. +(2) Establishing and enforcing state information technology strategic plans, policies, standards, and enterprise architecture. This shall include the periodic review and maintenance of the information technology sections of the State Administrative Manual, except for sections on information technology procurement procedures, and information technology fiscal policy. The Director of Technology shall consult with the Director of General Services, the Director of Finance, and other relevant agencies concerning policies and standards these agencies are responsible to issue as they relate to information technology. +(3) Minimizing overlap, redundancy, and cost in state operations by promoting the efficient and effective use of information technology. +(4) Providing technology direction to agency and department chief information officers to ensure the integration of statewide technology initiatives, compliance with information technology policies and standards, and the promotion of the alignment and effective management of information technology services. Nothing in this paragraph shall be deemed to limit the authority of a constitutional officer, cabinet agency secretary, or department director to establish programmatic priorities and business direction to the respective agency or department chief information officer. +(5) Working to improve organizational maturity and capacity in the effective management of information technology. +(6) Establishing performance management and improvement processes to ensure state information technology systems and services are efficient and effective. +(7) Approving, suspending, terminating, and reinstating information technology projects. +(8) Performing enterprise information technology functions and services, including, but not limited to, implementing Geographic Information Systems (GIS), shared services, applications, and program and project management activities in partnership with the owning agency or department. +(9) Developing and tailoring baseline security controls for the state based on +emerging industry standards and +baseline security controls published by the National Institute of Standards and Technology (NIST). The Director of Technology shall review and revise the state baseline security controls whenever the NIST updates its baseline security controls +or advancing industry standards warrant +but, in no event, less frequently than once every +three years. +year. +State agencies shall comply with the state baseline security controls and shall not tailor their individual baseline security controls to fall below the state baseline security controls. +(c) The Director of Technology shall produce an annual information technology strategic plan that shall guide the acquisition, management, and use of information technology. State agencies shall cooperate with the department in the development of this plan, as required by the Director of Technology. +(1) Upon establishment of the information technology strategic plan, the Director of Technology shall take all appropriate and necessary steps to implement the plan, subject to any modifications and adjustments deemed necessary and reasonable. +(2) The information technology strategic plan shall be submitted to the Joint Legislative Budget Committee by January 15 of every year. +(d) The Director of Technology shall produce an annual information technology performance report that shall assess and measure the state’s progress toward enhancing information technology human capital management; reducing and avoiding costs and risks associated with the acquisition, development, implementation, management, and operation of information technology assets, infrastructure, and systems; improving energy efficiency in the use of information technology assets; enhancing the security, reliability, and quality of information technology networks, services, and systems; developing, tailoring, and complying with state baseline security controls; and improving the information technology procurement process. The department shall establish those policies and procedures required to improve the performance of the state’s information technology program. +(1) The department shall submit an information technology performance management framework to the Joint Legislative Budget Committee by May 15, 2009, accompanied by the most current baseline data for each performance measure or metric contained in the framework. The information technology performance management framework shall include the performance measures and targets that the department will utilize to assess the performance of, and measure the costs and risks avoided by, the state’s information technology program. The department shall provide notice to the Joint Legislative Budget Committee within 30 days of making changes to the framework. This notice shall include the rationale for changes in specific measures or metrics. +(2) State agencies shall take all necessary steps to achieve the targets set forth by the department and shall report their progress to the department on a quarterly basis. +(3) Notwithstanding Section 10231.5, the information technology performance report shall be submitted to the Joint Legislative Budget Committee by January 15 of every year. To enhance transparency, the department shall post performance targets and progress toward these targets on its public Internet Web site. +(4) The department shall at least annually report to the Director of Finance cost savings and avoidances achieved through improvements to the way the state acquires, develops, implements, manages, and operates state technology assets, infrastructure, and systems. This report shall be submitted in a timeframe determined by the Department of Finance and shall identify the actual savings achieved by each office, department, and agency. Notwithstanding Section 10231.5, the department shall also, within 30 days, submit a copy of that report to the Joint Legislative Budget Committee, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Appropriations, and the Assembly Committee on Budget. +(e) If the Governor’s Reorganization Plan No. 2 of 2012 becomes effective, this section shall prevail over Section 186 of the Governor’s Reorganization Plan No. 2 of 2012, regardless of the dates on which this section and that plan take effect, and this section shall become operative on July 1, 2013.","Existing law establishes within the Government Operations Agency the Department of Technology, under the supervision of the Director of Technology, also known as the State Chief Information Officer. Existing law requires the director to, among other things, advise the Governor on the strategic management and direction of the state’s information technology resources and provide technology direction to agency and department chief information officers to ensure the integration of statewide technology initiatives. Existing law further requires the director to produce an annual information technology performance report that assesses and measures the state’s progress toward specified goals. +This bill would require the director to develop, tailor, and subsequently review and revise baseline security controls for the state based on +emerging industry standards and +baseline security controls published by the National Institute of Standards and Technology. The bill would require state agencies to comply with, and prohibit state agencies from tailoring their individual baseline security controls to fall below, the state baseline security controls. The bill would require that the director’s annual information technology performance report also assess and measure the state’s progress toward developing, tailoring, and complying with the state baseline security controls.","An act to amend Section 11545 of the Government Code, relating to state government." +953,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 7 (commencing with Section 18974) is added to Chapter 11 of Part 6 of Division 9 of the Welfare and Institutions Code, to read: +Article 7. Child Sexual Abuse Prevention and Intervention Programs +18974. +(a) The Child Sexual Abuse Prevention Program is hereby established as a pilot program in no more than three counties to provide child sexual abuse prevention and intervention services through public or private nonprofit programs that provide child sexual abuse prevention and intervention services. +(b) The sum of fifty thousand dollars ($50,000) is hereby appropriated annually from the General Fund to each county that voluntarily chooses and is selected to conduct a pilot program under this article to prevent and reduce child sexual abuse. +(c) The State Department of Social Services shall select counties to participate in the Child Sexual Abuse Prevention Program, from among the counties that notify the department of their intention to +participate, based on the +participate. The +agency’s determination +that the counties have +shall be based on the following criteria: +(1) The county has +significant incidences of child sexual abuse or commercially sexually exploited +children and have +children. +(2) The county has identified +a public or private nonprofit organization with experience in child sexual abuse issues or commercial sexual exploitation issues that +is designated to +will +act as the primary administrator for the pilot program. +(3) A county shall be given priority for demonstrating that school districts within its jurisdiction are utilizing moneys from the Student Support and Academic Enrichment Grants created by the federal Every Student Succeeds Act (Public Law 114-95) to provide training for all school personnel on preventing and recognizing child sexual abuse. +(d) Each participating county is encouraged to efficiently use these funds by giving priority to programs currently serving the needs of at-risk children that meet the criteria in Section 18974.1 and that have demonstrated effectiveness in child sexual abuse prevention or intervention or commercial sexual exploitation prevention or intervention. The funds appropriated under this section shall not supplant or replace any existing funding for programs currently serving the needs of at-risk children, but may only supplement the expansion of existing programs or the collaboration of separate existing programs within the county, or fund newly created programs within the county if no current programs exist to serve the needs of children at risk of sexual abuse or commercial sexual exploitation. +18974.1. +(a) The county board of supervisors of a participating county shall allocate the pilot program funds according to the provisions of this article. The county board of supervisors may delegate the administration of the pilot program funds to the county social services department. +(b) Public or private nonprofit agencies shall be eligible for funding provided that evidence is submitted as part of the application to the county that the proposed services are not duplicated in the community, are based on needs of children at risk, and are supported by a local public agency, including, but not limited to, one of the following: +(1) The county welfare department. +(2) A public law enforcement agency. +(3) The county probation department. +(4) The county board of supervisors. +(5) The county public health department. +(6) The county mental health department. +(7) Any school district. +(c) The administering local agency shall, with oversight and review from the county board of supervisors, include and integrate the pilot program in the county system improvement plan, county self-assessments, and the county plan for other federal and state child abuse prevention programs. To the extent applicable, the county shall provide similar assurances, data, and outcome assessments to the Office of Child Abuse Prevention with respect to the pilot program as are provided regarding other federal and state child abuse prevention programs. +(d) Each participating county shall annually report to the State Department of Social Services, the Assembly Committee on Human Services, and the Senate Committee on Human Services information including, but not limited to, all of the following: +(1) Changing public attitudes or public opinion polls showing increased awareness of prevention techniques for child sexual abuse. +(2) The amount of educational materials distributed to stakeholder groups that address and promote child sexual abuse prevention and prevention techniques. +(3) Statistics on the increase or decrease of reports of child sexual abuse within the county. +(4) Identified best practices used by the pilot program that may be replicated and used by other counties, including, but not limited to, community outreach, data collection and analysis, and the creation of educational materials. +18974.2. +This article shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.","Existing law authorizes the Office of Child Abuse Prevention to fund, through allocations provided to local counties, child abuse and neglect prevention and intervention programs. Existing law creates the State Children’s Trust Fund in the State Treasury and requires money in the fund to be allocated to the State Department of Social Services for the purpose of funding child abuse and neglect prevention and intervention programs. +This bill would establish the Child Sexual Abuse Prevention Program as a pilot program in no more than 3 counties, as selected by the State Department of Social Services from among counties that volunteer to participate and based on specified criteria, to provide child sexual abuse prevention and intervention services through public or private nonprofit programs that provide those services. The bill would annually appropriate $50,000 from the General Fund to each county that is selected to conduct a pilot program, thereby making an appropriation. The bill would provide that public or private nonprofit agencies shall be eligible for this funding if specified evidence is provided and would encourage counties to give priority for funding to existing programs that have demonstrated effectiveness in child sexual abuse prevention or intervention or commercial sexual exploitation prevention or intervention. The bill would require each participating county to annually report to the State Department of Social Services, the Assembly Committee on Human Services, and the Senate Committee on Human Services specified information, including statistics on the increase or decrease of reports of child sexual abuse within the county. These provisions would be repealed on January 1, 2020.","An act to add and repeal Article 7 (commencing with Section 18974) of Chapter 11 of Part 6 of Division 9 of the Welfare and Institutions Code, relating to child sexual abuse, and making an appropriation therefor." +954,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12389 of the Insurance Code, as added by Section 3 of Chapter 370 of the Statutes of 2015, is amended to read: +12389. +(a) On and after July 1, 2016, an underwritten title company as defined in Section 12340.5 that is a stock corporation may, subject to subdivision (b), (1) engage in the business of preparing title searches, title reports, title examinations, or certificates or abstracts of title, upon the basis of which a title insurer writes title policies, and (2) conduct escrow services through business locations, as defined in Section 12340.13, in counties in which the underwritten title company is licensed to conduct escrow services regardless of the location of the real or personal property involved in the transaction. +(b) (1) Only a domestic corporation may be licensed under this section and no underwritten title company, as defined in Section 12340.5, may become licensed under this section, or change the name under which it is licensed or operates, unless it has first complied with Section 881. +(2) (A) Depending upon the county or counties in which the company is licensed to transact business, it shall maintain required minimum net worth and a bond or cash deposit as follows: +Aggregate number of documents +recorded and documents filed in the +preceding calendar year in all counties +where the company is licensed to transact +business +Number of documents +Amount of required +minimum net worth +Amount of bond or +cash deposit +Less than 50,000 ........................ +$ 75,000 +$ 50,000 +50,000 to 100,000 ........................ +120,000 +50,000 +100,000 to 500,000 ........................ +200,000 +100,000 +500,000 to 1,000,000 ........................ +300,000 +100,000 +1,000,000 or more ........................ +400,000 +100,000 +(B) “Net worth” for the purposes of this section is defined as the excess of assets over all liabilities and required reserves. The company may carry as an asset the actual cost of its title plant, provided the value ascribed to that asset shall not exceed the aggregate value of all other assets. +(C) If a title plant of an underwritten title company is not currently maintained, the asset value of the plant shall not exceed its asset value as determined in the preceding paragraph as of the date to which that plant is currently maintained, less one-tenth thereof for each succeeding year or part of the succeeding year that the plant is not being currently maintained. For the purposes of this section, a title plant shall be deemed currently maintained so long as it is used in the normal conduct of the business of title insurance, and (i) the owner of the plant continues regularly to obtain and index title record data to the plant or to a continuation thereof in a format other than that previously used, including, but not limited to, computerization of the data, or (ii) the owner of the plant is a participant, in an arrangement for joint use of a title plant system regularly maintained in any format, provided the owner is contractually entitled to receive a copy of the title record data contained in the jointly used title plant system during the period of the owner’s participation therein, either periodically or upon termination of that participation, at a cost not to exceed the actual cost of duplication of the title record data. +(D) An underwritten title company shall at all times maintain current assets of at least ten thousand dollars ($10,000) in excess of its current liabilities, as current assets and liabilities may be defined pursuant to regulations made by the commissioner. In making the regulations, the commissioner shall be guided by generally accepted accounting principles followed by certified public accountants in this state. +(3) (A) An underwritten title company shall obtain from the commissioner a license to transact its business. The license shall not be granted until the applicant conforms to the requirements of this section and all other provisions of this code specifically applicable to the applicant. After issuance the holder of the license shall continue to comply with the requirements as to its business set forth in this code, in the applicable rules and regulations of the commissioner, and in the laws of this state. +(B) An underwritten title company that possesses, or is required to possess, a license pursuant to this section shall be subject as if an insurer to the provisions of Article 8 (commencing with Section 820) of Chapter 1 of Part 2 of Division 1 of this code and is deemed to be subject to authorization by the Insurance Commissioner within the meaning of subdivision (e) of Section 25100 of the Corporations Code. +(C) The license may be obtained by filing an application on a form prescribed by the commissioner accompanied by a filing fee of three hundred fifty-four dollars ($354). The license when issued shall be for an indefinite term and shall expire with the termination of the existence of the holder, subject to the annual renewal fee imposed under Sections 12415 and 12416. +(D) An underwritten title company seeking to extend its license to an additional county shall pay a two-hundred-seven-dollar ($207) fee for each additional county, and shall furnish to the commissioner evidence, at least sufficient to meet the minimum net worth requirements of paragraph (2), of its financial ability to expand its business operation to include the additional county or counties. +(4) (A) An underwritten title company shall furnish an audit to the commissioner on the forms provided by the commissioner annually, either on a calendar year basis on or before March 31 or, if approved in writing by the commissioner in respect to any individual company, on a fiscal year basis on or before 90 days after the end of the fiscal year. The time for furnishing any audit required by this paragraph may be extended, for good cause shown, on written approval of the commissioner for a period, not to exceed +60 +90 +days. Failure to submit an audit on time, or within the extended time that the commissioner may grant, is grounds for an order by the commissioner to accept no new business pursuant to subdivision (d). The audits shall be private, except that a synopsis of the balance sheet on a form prescribed by the commissioner may be made available to the public. +(B) The audits shall be made in accordance with generally accepted auditing standards by an independent certified public accountant or independent licensed public accountant whose certification or license is in good standing at the time of the preparation. The fee for filing the audit shall be three hundred thirteen dollars ($313). +(C) The commissioner may refuse to accept an audit or order a new audit for any of the following reasons: +(i) An adverse result in any proceeding before the California Board of Accountancy affecting the auditor’s license. +(ii) The auditor has an affiliation with the underwritten title company or any of its officers or directors that would prevent his or her reports on the company from being reasonably objective. +(iii) The auditor has been convicted of a misdemeanor or felony based on his or her activities as an accountant. +(iv) A judgment adverse to the auditor in any civil action finding him or her guilty of fraud, deceit, or misrepresentation in the practice of his or her profession. +(D) A company that fails to file an audit or other report on or before the date it is due shall pay to the commissioner a penalty fee of one hundred eighteen dollars ($118) and on failure to pay that or another fee or file the audit required by this section shall forfeit the privilege of accepting new business until the delinquency is corrected. +(c) An underwritten title company may engage in the escrow business and act as escrow agent, provided that: +(1) It maintains a record of all receipts and disbursements of escrow funds. +(2) (A) It maintains a bond satisfactory to the commissioner in the amount set forth in subparagraph (A) of paragraph (2) of subdivision (b) of this section. The bond shall run to the state for the use of the state, and for any person who has cause against the obligor of the bond or under the provisions of this chapter. +(B) (i) In lieu of the bond described in subparagraph (A), the company shall maintain a deposit in the amount set forth in subparagraph (A) of paragraph (2) of subdivision (b) of this section, and in a form permitted by Section 12351, with the commissioner, who shall immediately make a special deposit in that amount in the State Treasury. The deposit shall be subject to Sections 12353, 12356, 12357, and 12358. As long as there are no claims against the deposit, all interest and dividends thereon shall be paid to the depositor. The deposit shall be security for the same beneficiaries and purposes as the bond, as set forth in subparagraph (A) and in paragraph (3) of this subdivision. The deposit shall be maintained until four years after all escrows handled by the depositor have been closed. +(ii) The commissioner may release the deposit prior to the passage of the four-year period described in clause (i) upon presentation of evidence satisfactory to the commissioner of either a statutory merger of the depositor into a licensee subject to the jurisdiction of the commissioner, or a valid assumption agreement under which the liability of the depositor stemming from escrow transactions handled by it is assumed by a licensee subject to the jurisdiction of the commissioner. +(iii) With the foregoing exceptions, the deposit shall be returned to the depositor or lawful successor in interest following the four-year period described in clause (i) upon presentation of evidence satisfactory to the commissioner that there are no claims against the deposit arising out of escrow transactions handled by the depositor. If claims against the deposit are presented to the commissioner, the commissioner may pay a valid claim or claims until the deposit amount is exhausted. If the commissioner has evidence of one or more claims against the depositor, and the depositor is in conservatorship, bankruptcy, or liquidation proceedings, the commissioner may release the deposit to the conservator, trustee, or liquidator. If the depositor is not in conservatorship, bankruptcy or liquidation, the commissioner may interplead the deposit by special endorsement to a court of competent jurisdiction for distribution to claimants on the deposit. +(3) (A) The bond provided by a surety insurer naming the underwritten title company as principal obligor or the letter of credit of an issuing bank shall be subject to the following conditions: +(i) The licensee shall faithfully conform to and abide by the provisions of this chapter and all of the rules made by the commissioner under this chapter concerning the conduct of escrow services. +(ii) The licensee will honestly and faithfully apply all funds received, and will faithfully and honestly perform all obligations and undertakings under this chapter, concerning the conduct of escrow services. +(B) In determining the liability of the principal and the sureties under the bond, any money recovered to restore any deficiency in the trust shall not be considered as an asset of the liquidation subject to the assessment for the cost of the liquidation. +(C) The surety under the bond, or the issuing bank of a letter of credit, may pay the full amount of its liability thereunder to the commissioner as conservator, liquidator, receiver, or anyone appointed by the commissioner as a conservator, liquidator, or receiver in lieu of payment to the state or persons having a cause of action against the principal of a bond or applicant under a letter of credit, and upon such payment the surety on the bond, or the issuing bank under a letter of credit shall be completely released, discharged, and exonerated from further liability under the bond or letter of credit, as applicable. The conservator, liquidator, or receiver may use the proceeds of the bond, or letter of credit, for any purposes, including the funding of the costs of conservatorship, receivership, or liquidation. +(D) If there is no reasonable or adequate admitted market for surety bonds as required by this section, the commissioner may act pursuant to Section 1763.1 or, for good cause shown, may permit a letter of credit in lieu thereof, and in the amount of the bond or deposit required by this section. In that case, the commissioner may fashion the letter of credit requirements as appropriate to the circumstances and cause. +(4) On and after July 1, 2016, the commissioner shall promptly release to the depositor, upon application, all escrow-related deposits previously made pursuant to paragraph (2) of subdivision (c) of former Section 12389 if any of the following occurs: +(A) The underwritten title company has provided to the commissioner bond coverage, a deposit, or an approved irrevocable letter of credit as set forth in this subdivision. +(B) Upon presentation of evidence satisfactory to the commissioner of either a statutory merger of the underwritten title company depositor into a licensee or certificate holder subject to the jurisdiction of the commissioner, or a valid assumption agreement under which all liability of the depositor stemming from escrow transactions handled by it is assumed by a licensee or certificate holder subject to the jurisdiction of the commissioner. +(5) Otherwise the deposit shall be promptly returned to the depositor, its duly appointed trustee in bankruptcy or lawful successor in interest upon application for release following the four-year period specified in paragraph (2) , as that paragraph read on June 30, 2016, unless the commissioner has received claims against the deposit stemming from escrow transactions handled by the depositor. If the commissioner has received one or more claims against the depositor, and the depositor is not in conservatorship, bankruptcy, or liquidation, the commissioner may interplead the deposit by special endorsement to a court of competent jurisdiction for distribution on the basis that claims against the depositor stemming from escrow transactions handled by the depositor have priority in the distribution over other claims against the depositor. +(d) The commissioner shall, whenever it appears necessary, examine the business and affairs of a company licensed under this section. The examination shall be at the expense of the company. +(e) (1) At any time that the commissioner determines, after notice and hearing, that a company licensed under this section has willfully failed to comply with a provision of this section, the commissioner shall make his or her order prohibiting the company from conducting its business for a period of not more than one year. +(2) A company that violates the commissioner’s order is subject to seizure under Article 14 (commencing with Section 1010) of Chapter 1 of Part 2 of Division 1, is guilty of a misdemeanor, and may have its license revoked by the commissioner. Any person aiding and abetting any company in a violation of the commissioner’s order is guilty of a misdemeanor. +(f) The purpose of this section is to maintain the solvency of the companies subject to this section and to protect the public by preventing fraud and requiring fair dealing. In order to carry out these purposes, the commissioner may make reasonable rules and regulations to govern the conduct of its business of companies subject to this section. The rules and regulations shall be adopted, amended, or repealed in accordance with the procedures provided in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. +(g) The name under which each underwritten title company is licensed shall at all times be an approved name. The fee for filing an application for a change of name shall be one hundred eighteen dollars ($118). Each company shall be subject to the provisions of Article 14 (commencing with Section 1010) and Article 14.5 (commencing with Section 1065.1) of Chapter 1 of Part 2 of Division 1. +(h) This section does not prohibit an underwritten title company from engaging in escrow, settlement, or closing activities on properties located outside this state if those activities do not violate the laws of that other state or country. +(i) This section is operative on July 1, 2016. +SECTION 1. +Section 12340.1 of the +Insurance Code +is amended to read: +12340.1. +“Title insurance” means insuring, guaranteeing or indemnifying owners of real or personal property or the holders of liens or encumbrances thereon or others interested therein against loss or damage suffered by reason of: +(a)Liens or encumbrances on, or defects in the title to the property; +(b)Invalidity or unenforceability of any liens or encumbrances on the property; or +(c)Incorrectness of searches relating to the title to real or personal property.","Existing law authorizes a company that is a stock corporation to engage in the business of preparing title searches, title reports, title examinations, or certificates or abstracts of title, and to conduct escrow services, if the company, among other things, furnishes audits to the Insurance Commissioner annually on or before March 31, or, if approved in writing by the commissioner, on a fiscal year basis on or before 90 days after the end of the fiscal year. Existing law authorizes the commissioner to extend that deadline, for good cause shown, for a period not to exceed 60 days. +This bill would extend the maximum amount of time permitted for an extension of the deadline to submit an audit to 90 days. +Under existing law, title insurance is defined as insuring, guaranteeing, or indemnifying an owner of real or personal property or the holder of liens or encumbrances or others who have interests in the property against loss or damage due to liens, encumbrances, or defects in the title to the insured property, defects in liens or encumbrances, or defects in title searches. +This bill would make technical, nonsubstantive changes to those provisions.","An act to amend Section +12340.1 +12389 +of the Insurance Code, relating to insurance." +955,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the Equal Pay for Equal Work Act of 2016. +SEC. 2. +(a) The Legislature finds and declares the following: +(1) According to data from the United States Census Bureau, full-time working women, on average, over the last decade, have continued to earn just $0.79 for every dollar a man earns. The wage gap is greater for women of color, with African American women being paid an average of $0.60 for every dollar paid to white, non-Hispanic men in 2015 and Latinas being paid just $0.55 for every dollar paid to white, non-Hispanic men in the same year. +(2) This wage disparity amounted to a yearly average wage gap of $10,762 in 2015 between full-time working men and full-time working women. In total, the disparity represents more than $490 billion in lost wages for working women every year. +(3) Disparities in pay for women have numerous negative impacts. This pay differential shortchanges women and their families by thousands of dollars a year and potentially hundreds of thousands of dollars over a lifetime. Nearly 4 in 10 mothers are primary breadwinners in their households, and nearly two-thirds are significant earners, making pay equity critical to the economic security of their families. +(4) Equal pay for equal work is a fundamental precept in our nation and in California. Federal law, including the federal Equal Pay Act of 1963 (Public Law 88-38), Title VII of the Civil Rights Act of 1964 (Public Law 88-352), and Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, specifically prohibits arbitrarily compensating men and women differently for the same work, as does California’s Equal Pay Act. +(5) On August 6, 2014, the United States Department of Labor’s Office of Federal Contract Compliance Programs issued a notice of proposed rulemaking to require covered federal contractors and subcontractors with more than 100 employees to submit an annual equal pay report on employee compensation. In California, state contractors receiving public money are obligated to comply with equal pay laws and should provide the state with aggregate wage data to advance pay equity. +(b) It is the intent of the Legislature in enacting this act to promote pay equity and nondiscrimination in setting pay and making hiring or promotional decisions, and to obtain better data on pay equity to more wholly address the problem. +SEC. 3. +Section 12990 of the Government Code is amended to read: +12990. +(a) An employer that is, or wishes to become, a contractor with the state for public works or for goods or services is subject to the provisions of this part relating to discrimination in employment and to the nondiscrimination requirements of this section and any rules and regulations that implement it. +(b) (1) (A) Any employer with a contract with the state that amounts to fifty thousand dollars ($50,000) or more that either is required by federal regulations to submit an EEO-1 report to the United States Equal Employment Opportunity Commission or has 100 or more employees in the state shall submit a nondiscrimination program to the department and shall submit periodic reports of its compliance with the program, no more than annually, on a schedule to be determined by the department. The department shall make the programs and reports available to the Commission on the Status of Women and Girls. +(B) The department may also require an employer that is not described in subparagraph (A) to submit a nondiscrimination program and, if the department so requires, the employer shall comply with the requirements for employers described in subparagraph (A). +(C) The department may require approval and certification of a nondiscrimination program. +(D) The department shall define an employee for the purposes of this paragraph. +(E) An employee in the construction industry covered by a valid collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime worked, and regular hourly pay of not less than 30 percent above the state minimum wage rate shall be excluded from calculation of the employer’s total number of employees for purposes of this paragraph. +(2) A nondiscrimination program shall include policies and procedures designed to ensure equal employment opportunities for all applicants and employees, a description of employment selection procedures, and employee compensation data, as follows: +(A) The total number of workers in a specific job category identified by worker race or national origin, and sex. +(B) The total wages required to be reported on Internal Revenue Service form W-2 for all workers in a specific job category identified by worker race or national origin, and sex. +(C) The total hours worked on an annual basis for all workers in a specific job category identified by worker race or national origin, and sex. For purposes of this subdivision, if an employer does not track exempt employees’ hours worked, full-time exempt employees shall be presumed to work 40 hours a week and part-time exempt employees shall be presumed to work 20 hours a week, unless the employer utilizes a different standard number of hours a week for exempt employees, in which case the employer shall report total hours worked on an annual basis by those employees based on that standard number. +(c) Every state contract and subcontract for public works or for goods or services shall contain a nondiscrimination clause prohibiting discrimination on the bases enumerated in this part by contractors or subcontractors. The nondiscrimination clause shall contain a provision requiring contractors and subcontractors to give written notice of their obligations under that clause to labor organizations with which they have a collective bargaining or other agreement. These contractual provisions shall be fully and effectively enforced. This subdivision does not apply to a credit card purchase of goods of two thousand five hundred dollars ($2,500) or less. The total amount of exemption authorized herein shall not exceed seven thousand five hundred dollars ($7,500) per year for each company from which a state agency is purchasing goods by credit card. It shall be the responsibility of each state agency to monitor the use of this exemption and adhere to these restrictions on these purchases. +(d) The department shall periodically develop rules and regulations for the application and implementation of this section, and submit them to the council for consideration and adoption in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1. Those rules and regulations shall describe and include, but not be limited to, all of the following: +(1) Procedures for the investigation, approval, certification, decertification, monitoring, and enforcement of nondiscrimination programs. +(2) The size of contracts or subcontracts below which any particular provision of this section shall not apply. +(3) The circumstances, if any, under which a contractor or subcontractor is not subject to this section. +(4) Criteria for determining the appropriate plant, region, division, or other unit of a contractor’s or subcontractor’s operation for which a nondiscrimination program is required. +(5) Procedures for coordinating the nondiscrimination requirements of this section and its implementing rules and regulations with the California Plan for Equal Opportunity in Apprenticeship, with the provisions and implementing regulations of Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, and with comparable federal laws and regulations concerning nondiscrimination, equal employment opportunity, and affirmative action by those who contract with the United States. +(6) The basic principles and standards to guide the department in administering and implementing this section. +(e) Where a contractor or subcontractor is required to prepare an affirmative action, equal employment, or nondiscrimination program subject to review and approval by a federal compliance agency, including an EEO-1 report that is subject to review by the United States Equal Employment Opportunity Commission, that program may be submitted with the department, instead of any nondiscrimination program otherwise required by this section or its implementing rules and regulations. Such a program shall constitute a prima facie demonstration of compliance with this section. Where the department or a federal compliance agency has required the preparation of an affirmative action, equal employment, or nondiscrimination program subject to review and approval by the department or a federal compliance agency, evidence of such a program shall also constitute prima facie compliance with an ordinance or regulation of any city, city and county, or county that requires an employer to submit such a program to a local awarding agency for its approval prior to becoming a contractor or subcontractor with that agency. +(f) Where the department determines and certifies that the provisions of this section or its implementing rules and regulations are violated or determines a contractor or subcontractor is engaging in practices made unlawful under this part, the department may recommend appropriate sanctions to the awarding agency. Any such recommendation shall take into account the severity of the violation or violations and any other penalties, sanctions, or remedies previously imposed. +(g) The changes to this section made by the act adding this subdivision shall not be construed to negate an exemption to the requirements of this section in existence on January 1, 2017, created by the department through the exercise of its regulatory authority, or to otherwise require the department to reinterpret the validity of an exemption as a result of these changes.","Existing law subjects an employer who is, or wishes to become, a contractor with the state for public works, or for goods or services, to various nondiscrimination requirements. Existing law authorizes requiring an employer to submit a nondiscrimination program to the Department of Fair Employment and Housing for approval and certification prior to becoming a contractor or subcontractor with the state, as well as requiring the provision of periodic reports of contractor or subcontractor compliance with that program. Existing law authorizes a contractor or subcontractor to file an affirmative action, equal employment, or nondiscrimination program subject to review and approval by a federal compliance agency with the department in lieu of that nondiscrimination program. +This bill would enact the Equal Pay for Equal Work Act of 2016. The bill would require an employer with a contract with the state that amounts to $50,000 or more that either is required by federal regulations to submit an EEO-1 report to the United States Equal Employment Opportunity Commission (EEOC) or has 100 or more employees in the state to submit a nondiscrimination program to the department and to submit periodic reports of its compliance with that program, no more than annually, on a schedule to be determined by the department. The bill would require the department to make these programs and reports available to the Commission on the Status of Women and Girls. The bill would authorize the department to require approval and certification of the program. The bill would permit the department to require other employers to comply with those program and report submission requirements. The bill would require the department to define an employee for these purposes. The bill would require the nondiscrimination program to include policies and procedures designed to ensure equal employment opportunities for all applicants and employees, a description of employment selection procedures, and employee compensation data, as specified. The bill would specify that a contractor or subcontractor may submit an EEO-1 report subject to review by the EEOC with the department in lieu of the nondiscrimination program. The bill would specify that its provisions are not to be construed to negate certain exemptions established by regulation that predate its enactment or to require the department to reevaluate the validity of these exemptions, as specified. The bill would make a statement of legislative findings.","An act to amend Section 12990 of the Government Code, relating to discrimination." +956,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 33704 of the Food and Agricultural Code is amended to read: +33704. +(a) (1) Sections 33701, 33731, 33732, 33733, 33734, 33767, 33768, 33770, 33771, 33776, and 34593 do not apply to the manufacture of ice cream that is manufactured from ice cream mix, to frozen dairy dessert that is manufactured from frozen dairy dessert mix, to frozen dessert that is manufactured from frozen dessert mix, to frozen yogurt that is manufactured from frozen yogurt mix, or to nondairy frozen dessert that is manufactured from nondairy frozen dessert mix, if those products are manufactured in a freezing device from which those products are served directly in a semifrozen state, without packaging of any type, for consumption on the premises in or from rooms where food is served to the public. +(2) Except for nondairy frozen dessert mix, all mixes shall be secured from a licensed manufacturer of milk products. +(3) Ice cream mix, frozen yogurt mix, frozen dairy dessert mix, frozen dessert mix, and nondairy frozen dessert mix shall be manufactured into a semifrozen state without adulteration and freezing device salvage shall not be reused as a mix. +(b) A limited packaging permit may be issued by the secretary to a semifrozen (soft-serve) milk products plant for on-premises manufacture and packaging of hard frozen dairy products or hard frozen dairy product novelties. The permit may only be issued after the suitability of the facility for manufacture and packaging has been determined by the secretary. An annual onsite evaluation of compliance with the specific permit conditions shall be completed by the secretary before renewal of the limited packaging permit. A semifrozen milk products plant issued a limited packaging permit shall meet all of the following standards: +(1) The hard frozen products shall only be sold to purchasers for consumption. No hard frozen product manufactured pursuant to the limited packaging permit shall be sold for resale. +(2) All frozen dairy product mixes used for the manufacture and packaging of hard frozen dairy product novelties shall be dispensed from single service containers sealed at the licensed milk products plant where processed and pasteurized. Reconstitution of dry mix or condensed mix is prohibited at a semifrozen milk products plant issued a limited packaging permit. +(3) Adequate facilities, consistent with recognized good manufacturing practices for the production and packaging of hard frozen dairy products, as determined by the secretary, shall be provided as a condition of the limited packaging permit. The facilities shall include, but are not limited to, adequate utensil and novelty mold washing, sterilization and storage, and sufficient sanitary work area, including handwashing facilities, dedicated to the manufacture and packaging of hard frozen dairy product novelties. Sanitation guidelines consistent with good manufacturing and handling practices for retail food establishments manufacturing and packaging hard frozen dairy products in conformance with Part 110 (commencing with Section 110.3) of Title 21 of the Code of Federal Regulations shall be utilized by the secretary as a condition for issuance and renewal of the limited packaging permit. +(4) Each individually packaged hard frozen novelty shall be labeled with the name of the product and the name and address of the manufacturer. +(c) Nondairy frozen dessert mix shall be obtained from manufacturers licensed pursuant to Sections 38931 and 38934. Any dry or condensed mix to be reconstituted into freezable form shall be reconstituted on the premises in containers or equipment that meet the requirements of Sections 33763, 33764, 33765, and 33766. Any water used for reconstitution shall be treated in a manner to ensure a quality equal to potable pasteurized water. Upon reconstitution, the product shall be poured directly into the freezing unit or refrigerated at a temperature not to exceed 45 degrees Fahrenheit, and so maintained until frozen, or both. +(d) Where any retail establishment manufactures two or more of the products provided for under this section, each of those products shall be processed in a separate freezing device, and that freezing device shall be clearly identified as to the product being manufactured therein. +(e) The secretary may, by agreement with any approved milk inspection service, authorize the service to inspect and enforce requirements of this code applicable to the establishments covered by this section. Any agreement shall provide that the approved inspection service shall collect the applicable license fee for those establishments as provided in Sections 35221 and 38933. The fees collected shall be retained by the approved service to cover its cost of enforcement, but 15 percent of the fees collected shall be remitted to the secretary to cover the cost of administration. +SEC. 2. +Section 33704.5 of the Food and Agricultural Code is repealed. +SEC. 3. +Section 36806 of the Food and Agricultural Code is amended to read: +36806. +Ice cream mix, frozen yogurt mix, frozen dairy dessert mix, and frozen dessert mix are unfrozen products that are used in the manufacture of ice cream, frozen yogurt, frozen dairy dessert, or frozen dessert. They shall comply with all the requirements for ice cream, frozen yogurt, frozen dairy dessert, or frozen dessert, respectively. +SEC. 4. +Section 48003 of the Food and Agricultural Code is amended to read: +48003. +(a) Every person acting as a handler of commodities subject to this chapter shall be personally liable for the payment of assessments and inspection fees. Any handler who fails to file the required assessment form or pay an assessment or inspection fee by the last day of the month immediately following the month in which the commodities were received shall pay to the secretary a penalty of 10 percent of the assessment, inspection fee, or the sum of both the assessment fee and the inspection fee, owed and, in addition, 1.5 percent interest per month on the unpaid balance. +(b) It shall be unlawful for a handler to refuse to collect the assessments or remit the assessments and the proper forms required by this chapter. +(c) A handler shall not charge a producer an administrative fee for collecting or remitting an assessment. +(d) A producer who disputes the amount of the assessment may file a claim with the secretary. The producer shall prove his or her claim by a preponderance of the evidence. +(e) A producer may not bring a claim against a handler for damages, or otherwise, in connection with the assessment or the required deduction by the handler of the moneys owed to the producer. +SEC. 5. +Section 61306.5 is added to the Food and Agricultural Code, to read: +61306.5. +“Educational and research activities” means any effort to develop and improve the management practices of dairy producers and processors, including, but not limited to, practices associated with the environmental sustainability of land, air quality, and water quality. +SEC. 6. +Section 61345 of the Food and Agricultural Code is amended to read: +61345. +(a) Chapter 2 (commencing with Section 61801), Chapter 2.5 (commencing with Section 62500), and Chapter 3 (commencing with Section 62700) shall be liberally construed as being complementary of, and supplemental to, this chapter, and these chapters shall constitute a single comprehensive scheme for the regulation of the production and handling of milk and related educational and research activities. However, each of the chapters, and each article, section, subdivision, sentence, clause, and phrase of each chapter is severable. +(b) If one of the chapters or any article, section, subdivision, sentence, clause, or phrase of any one of the chapters is for any reason held void, invalid, or unconstitutional, the decision shall not affect the validity of any other chapter or any of its articles, sections, subdivisions, sentences, clauses, or phrases. +SEC. 7. +Section 61412 of the Food and Agricultural Code is amended to read: +61412. +(a) (1) Every milk handler who receives manufacturing milk subject to this article shall deduct as an assessment from payments made to producers for manufacturing milk the sum of one and two-tenths cents ($0.012) per hundredweight of manufacturing milk. +(2) The amount of the assessments deducted pursuant to paragraph (1) shall be paid to the secretary on or before the 45th day following the last day of the month during which the manufacturing milk was received. +(b) (1) Every milk handler who receives manufacturing milk subject to this article that purchases or handles manufacturing milk from producers shall pay a fee of six-tenths of one cent ($0.006) per hundredweight of manufacturing milk. +(2) The amount of the fee shall be paid to the secretary on or before the 45th day following the last day of the month in which the manufacturing milk was received. +(c) Moneys from the amounts paid to the secretary pursuant to subdivisions (a) and (b) may be used to administer and enforce this chapter. +SEC. 8. +Section 61805 of the Food and Agricultural Code is amended to read: +61805. +The purposes of this chapter are to do all of the following: +(a) Provide funds for administration and enforcement of this chapter, by assessments to be paid by producers and handlers of market milk in the manner prescribed in this chapter. +(b) Authorize and enable the secretary to prescribe marketing areas and to determine minimum prices to be paid to producers by handlers for market milk that are necessary due to varying factors of costs of production, health regulations, transportation, and other factors in the marketing areas of this state. In determining minimum prices to be paid producers by handlers, the secretary shall endeavor under like conditions to achieve uniformity of cost to handlers for market milk within any marketing area. However, no minimum prices established or determined under this chapter shall be invalid because uniformity of cost to handlers for market milk in any marketing area is not achieved as a result of the minimum producer prices so established or determined. +(c) Authorize and enable the secretary to formulate stabilization and marketing plans, subject to the limitations prescribed in this chapter with respect to the contents of the stabilization and marketing plans, and to declare the plans in effect for any marketing area. +(d) Enable the dairy industry, with the aid of the state, to develop and maintain satisfactory marketing conditions, bring about and maintain a reasonable amount of stability and prosperity in the production of market milk, and provide means for conducting educational and research activities. +SEC. 9. +Section 62211 of the Food and Agricultural Code is amended to read: +62211. +(a) (1) Every handler subject to the provisions of any stabilization and marketing plan, including a producer-handler, shall deduct as an assessment from payments made to producers for market milk, including the handler’s own production, the sum of one and six-tenths cents ($0.016) per hundredweight of market milk. +(2) The amount of the assessments so deducted shall be paid to the secretary on or before the 45th day following the last day of the month during which such market milk was received. +(b) (1) Every handler subject to the provisions of any stabilization and marketing plan that purchases or handles market milk from producers, including the handler’s own production, if any, shall pay a fee of eight-tenths of one cent ($0.008) per hundredweight of market milk. +(2) The amount of such fee shall be paid to the secretary on or before the 45th day following the last day of the month in which that market milk was received. +(c) Moneys from the amounts paid to the secretary pursuant to subdivisions (a) and (b) may be used to administer and enforce this chapter. +SEC. 10. +Section 76259 of the Food and Agricultural Code is amended to read: +76259. +The term of office of all members of the commission, except ex officio members, shall be two years from the date of their election and until their successors are qualified. However, of the first members of the commission, one-half of the producers shall serve for one year, and one-half of the producers shall serve for two years, with the determination of the term of each such member made by lot at the time of the election. +SEC. 11. +Section 51203 of the Government Code is amended to read: +51203. +(a) The assessor shall determine the current fair market value of the land as if it were free of the contractual restriction pursuant to Section 51283. The Department of Conservation or the landowner, also referred to in this section as “parties,” may provide information to assist the assessor to determine the value. Any information provided to the assessor shall be served on the other party, unless the information was provided at the request of the assessor, and would be confidential under law if required of an assessee. +(b) Within 45 days of receiving the assessor’s notice pursuant to subdivision (a) of Section 51283 or Section 51283.4, if the Department of Conservation or the landowner believes that the current fair market valuation certified pursuant to subdivision (b) of Section 51283 or Section 51283.4 is not accurate, the department or the landowner may request formal review from the county assessor in the county considering the petition to cancel the contract. The department or the landowner shall submit to the assessor and the other party the reasons for believing the valuation is not accurate and the additional information the requesting party believes may substantiate a recalculation of the property valuation. The assessor may recover his or her reasonable costs of the formal review from the party requesting the review, and may provide an estimate of those costs to the requesting party. The recovery of these costs from the department may be deducted by the city or county from cancellation fees received pursuant to this chapter before transmittal to the Controller for deposit in the Soil Conservation Fund. The assessor may require a deposit from the landowner to cover the contingency that payment of a cancellation fee will not necessarily result from the completion of a formal review. This subdivision shall not be construed as a limitation on the authority provided in Section 51287 for cities or counties to recover their costs in the cancellation process, except that the assessor’s costs of conducting a formal review shall not be borne by the nonrequesting party. +(1) If no request is made within 45 days of receiving notice by certified mail of the valuation, the assessor’s valuation shall be used to calculate the fee. +(2) Upon receiving a request for formal review, the assessor shall formally review his or her valuation if, based on the determination of the assessor, the information may have a material effect on valuation of the property. The assessor shall notify the parties that the formal review is being undertaken and that information to aid the assessor’s review shall be submitted within 30 days of the date of the notice to the parties. Any information submitted to the assessor shall be served on the other party who shall have 30 days to respond to that information to the assessor. If the response to the assessor contains new information, the party receiving that response shall have 20 days to respond to the assessor as to the new information. All submittals and responses to the assessor shall be served on the other party by personal service or an affidavit of mailing. The assessor shall avoid ex parte contacts during the formal review and shall report any such contacts to the department and the landowner at the same time the review is complete. The assessor shall complete the review no later than 120 days of receiving the request. +(3) At the conclusion of the formal review, the assessor shall either revise the cancellation valuation or determine that the original cancellation valuation is accurate. The assessor shall send the revised valuation or notice of the determination that the valuation is accurate to the department, the landowner, and the board or council considering the petition to cancel the contract. The assessor shall include a brief narrative of what consideration was given to the items of information and responses directly relating to the cancellation value submitted by the parties. The assessor shall give no consideration to a party’s information or response that was not served on the other party. If the assessor denies a formal review, a brief narrative shall be provided to the parties indicating the basis for the denial, if requested. +(c) For purposes of this section, the valuation date of any revised valuation pursuant to formal review or following judicial challenge shall remain the date of the assessor’s initial valuation, or his or her initial recomputation pursuant to Section 51283.4. For purposes of cancellation fee calculation in a tentative cancellation as provided in Section 51283, or in a recomputation for final cancellation as provided in Section 51283.4, a cancellation value shall be considered current for one year after its determination and certification by the assessor. +(d) Notwithstanding any other provision of this section, the department and the landowner may agree on a cancellation valuation of the land. The agreed valuation shall serve as the cancellation valuation pursuant to Section 51283 or Section 51283.4. The agreement shall be transmitted to the board or council considering the petition to cancel the contract. +(e) If the department and landowner agree upon a cancellation value pursuant to subdivision (d) on a contract with a city or county that includes an additional cancellation fee pursuant to Section 51240, the department shall provide a preliminary valuation to the county assessor of the county in which the land is located and the board of supervisors or the city council at least 60 days before the effective date of the final cancellation valuation. The preliminary valuation shall include a description of the rationale and facts considered by the department in determining the cancellation value. The assessor may provide comments on the preliminary valuation to the board of supervisors or city council. The board of supervisors or city council may provide comments on the preliminary valuation and cancellation value, if submitted, to the department. Before determining the final cancellation valuation, the department shall consider the comments of the board or council concerning the preliminary valuation and cancellation valuation, if submitted. +(f) This section represents the exclusive administrative procedure for appealing a cancellation valuation calculated pursuant to this section. The Department of Conservation shall represent the interests of the state in the administrative and judicial remedies for challenging the determination of a cancellation valuation or cancellation fee.","(1) Existing law regulates the production, handling, and marketing of milk and dairy products and requires milk products plants to comply with specified standards and requirements. Existing law authorizes the Secretary of Food and Agriculture to issue a limited packaging permit to a semifrozen milk products plant for on-premises manufacture and packaging of hard frozen dairy products or hard frozen dairy product novelties if certain requirements are satisfied. +This bill would delete a requirement that an establishment be closed to the public when hard frozen dairy product novelties are manufactured and packaged and would delete a requirement that a manufacturer that directly serves frozen yogurt or nondairy frozen dessert on its premises post specified signs on the premises. +(2) Existing law requires certain unfrozen product mixes used in the manufacture of specified frozen dairy products to comply with all of the requirements for ice cream, frozen dairy dessert, or frozen dessert, respectively. +This bill would require frozen yogurt mix to comply with all of the requirements for frozen yogurt. +(3) Existing law requires every milk handler to pay specified assessments and fees to the Secretary of Food and Agriculture to cover the costs of regulating milk. In that regard, existing law requires every milk handler who receives manufacturing milk subject to the milk marketing regulatory requirements or a handler subject to a milk stabilization and marketing plan, including producer-handlers, to deduct a specified assessment from payments made to producers for manufacturing milk or market milk, respectively. Existing law establishes the Department of Food and Agriculture Fund as a special fund, and continuously appropriates moneys in the fund for the administration and enforcement of, among other things, laws regulating the marketing of milk and other dairy products and the stabilization and marketing of market milk. +This bill would, for purposes of those provisions, define the term “educational and research activities” and would additionally provide for the regulation of milk and dairy products-related educational and research activities. The bill would authorize the use of moneys from the above-described assessments and fees for administering and enforcing the manufacturing milk and market milk laws, including the regulation of those educational and research activities. By authorizing the expenditure of moneys from the fund for a new purpose, that is, for milk and dairy-related educational and research activities, the bill would make an appropriation. +(4) Existing law establishes the California Citrus Advisory Committee and requires the committee to develop and make recommendations to the Secretary of Food and Agriculture regarding procedures for implementing an inspection program. Existing law requires producers of navel oranges, Valencia oranges, lemons, or mandarin citrus varieties grown in this state and prepared for fresh market in certain counties of the state to pay an assessment, as provided. Existing law requires the assessment to be collected from the producer by the first handler and requires that the assessment be remitted to the Department of Food and Agriculture by the first handler, along with an assessment form, at the end of each month during the marketing season. Existing law requires any handler that does not file the required assessment report and assessments by the 10th day of the month following the month for which the assessment is payable to pay a penalty of 10% of the assessment owed and, in addition, 1.5% interest per month on the unpaid balance. +This bill would instead require a handler to file the required assessment form and pay the assessment and inspection fees by the last day of the month immediately following the month in which the commodities were received and would additionally apply the 10% penalty and 1.5% interest to a failure to pay an inspection fee. The bill would make a handler personally liable for the payment of assessments and inspection fees. +(5) Existing law establishes the California Sheep Commission, comprised of 14 members who are elected or appointed in accordance with specified provisions to serve 2-year terms and limits the terms of office for each member to 4 consecutive terms. +This bill would delete the provision limiting the terms of office of each member to 4 consecutive terms. +(6) The California Land Conservation Act of 1965, also known as the Williamson Act, authorizes a city or county to contract with a landowner for the continued use of the land for agricultural use in exchange for a lower assessed valuation for property tax purposes. Existing law requires the Department of Conservation to provide a preliminary valuation of the land to the county assessor and the city council or county board of supervisors at least 60 days prior to the effective date of the agreed upon cancellation valuation if the contract includes an additional cancellation fee. +This bill would specify that the Department of Conservation is required to provide the preliminary valuation pursuant to those provisions only if the department and landowner agree upon a cancellation value pursuant to a specified provision, as specified.","An act to amend Sections 33704, 36806, 48003, 61345, 61412, 61805, 62211, and 76259 of, to add Section 61306.5 to, and to repeal Section 33704.5 of, the Food and Agricultural Code, and to amend Section 51203 of the Government Code, relating to food and agriculture, and making an appropriation therefor." +957,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7202 of the Revenue and Taxation Code is amended to read: +7202. +The sales tax portion of any sales and use tax ordinance adopted under this part shall be imposed for the privilege of selling tangible personal property at retail, and shall include +the following +provisions +, +in +substance as follows: +substance: +(a) A provision imposing a tax for the privilege of selling tangible personal property at retail upon every retailer in the county at the rate of 1 +1/4 +percent of the gross receipts of the retailer from the sale of all tangible personal property sold by that person at retail in the county. +(b) Provisions identical to those contained in Part 1 (commencing with Section 6001), insofar as they relate to sales taxes, except that the name of the county as the taxing agency shall be substituted for that of the state and that an additional seller’s permit shall not be required if one has been or is issued to the seller under Section 6067. +(c) A provision that all amendments +subsequent to +after +the effective date of the enactment of Part 1 (commencing with Section 6001) relating to sales tax and not inconsistent with this part, shall automatically become a part of the sales tax ordinance of the county. +(d) A provision that the county shall contract +prior to +before +the effective date of the county sales and use tax ordinances with the State Board of Equalization to perform all functions incident to the administration or operation of the sales and use tax ordinance of the county. Any such contract shall contain a provision that the county agrees to comply with the provisions of Article 11 (commencing with Section 29530) of Chapter 2 of Division 3 of Title 3 of the Government Code. +(e) A provision that the ordinance may be made inoperative not less than 60 days, but not earlier than the first day of the calendar quarter, following the county’s lack of compliance with Article 11 (commencing with Section 29530) of Chapter 2 of Division 3 of Title 3 of the Government Code or following an increase by any city within the county of the rate of its sales or use tax above the rate in effect at the time the county ordinance was enacted. +(f) A provision that the amount subject to tax shall not include the amount of any sales tax or use tax imposed by the +State of California +state +upon a retailer or consumer. +(g) A provision that there is exempted from the sales tax 80 percent, and on and after July 1, 2004, until the rate modifications in subdivision (a) of Section 7203.1 cease to apply, 75 percent, of the gross receipts from the sale of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of the aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. +(h) A provision that any person subject to a sales and use tax under the county ordinance shall be entitled to credit against the payment of taxes due under that ordinance the amount of sales and use tax due to any city in the county; provided that the city sales and use tax is levied under an ordinance including provisions in substance as follows: +(1) A provision imposing a tax for the privilege of selling tangible personal property at retail upon every retailer in the city at the rate of 1 percent or less of the gross receipts of the retailer from the sale of all tangible personal property sold by that person at retail in the city and a use tax of 1 percent or less of purchase price upon the storage, use or other consumption of tangible personal property purchased from a retailer for storage, use or consumption in the city. +(2) Provisions identical to those contained in Part 1 (commencing with Section 6001), insofar as they relate to sales and use taxes, except that the name of the city as the taxing agency shall be substituted for that of the state (but the name of the city shall not be substituted for the word “state” in the phrase “retailer engaged in business in this state” in Section 6203 nor in the definition of that phrase in Section 6203) and that an additional seller’s permit shall not be required if one has been or is issued to the seller under Section 6067. +(3) A provision that all amendments +subsequent to +after +the effective date of the enactment of Part 1 (commencing with Section 6001) relating to sales and use tax and not inconsistent with this part, shall automatically become a part of the sales and use tax ordinance of the city. +(4) A provision that the city shall contract +prior to +before +the effective date of the city sales and use tax ordinance with the State Board of Equalization to perform all functions incident to the administration or operation of the sales and use tax ordinance of the city which shall continue in effect so long as the county within which the city is located has an operative sales and use tax ordinance enacted pursuant to this part. +(5) A provision that the storage, use or other consumption of tangible personal property, the gross receipts from the sale of which has been subject to sales tax under a sales and use tax ordinance enacted in accordance with this part by any city and county, county, or city in this state, shall be exempt from the tax due under this ordinance. +(6) A provision that the amount subject to tax shall not include the amount of any sales tax or use tax imposed by the +State of California +state +upon a retailer or consumer. +(7) A provision that there are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of the aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. +(8) A provision that, in addition to the exemptions provided in Sections 6366 and 6366.1, the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by the operators directly and exclusively in the use of the aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government is exempt from the use tax.","Existing law, the Bradley-Burns Uniform Local Sales and Use Tax Law, authorizes a city, county, or city and county to impose local sales and use taxes, as specified. That law requires the sales tax portion of any sales and use tax ordinance adopted under that law to be imposed for the privilege of selling tangible personal property at retail and to include specified provisions. +This bill would make nonsubstantive changes to those provisions.","An act to amend Section 7202 of the Revenue and Taxation Code, relating to taxation." +958,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) In the 1970s, California led the nation in the creation of its licensing system for community care facilities, and pioneered recognition of the special needs of infants and toddlers with a license distinct from preschool-age care. +(b) While the standard of care in California statutes remains appropriate, the bifurcation of early care licensing in California into two separate licenses is unnecessary and problematic. +(c) Many states now mandate the standard required in California, but without dual-licensing. California is one of only two states in the country that employ a separate infant-toddler license. Other states employ a single license for early childhood centers, mandating developmentally appropriate standards based on the age of the children served. +(d) Even in California, family day care homes are not subject to the dual license requirement. Only private fee and state and federally funded child day care facilities are subject to the dual license requirement. +(e) It is the intent of the Legislature to create a third facility license option serving children from birth to entering first grade. This additional facility license option shall not replace the current infant license, preschool license, and toddler component option, but instead be in addition to these early care and education facility licensure options. +(f) It is also the intent of the Legislature that all of the following are required under the birth to entering first grade license option: +(1) Children shall be grouped together by their appropriate developmental levels, and appropriate staff-child ratio and group size regulations shall be followed. +(2) Children shall transition from age-appropriate classrooms or program spaces when their developmental level is appropriate for such a move. +(3) A child’s chronological age and the entire group’s need shall also be considering factors for these moves. +(4) All children shall be supervised appropriately by teachers and aides with appropriate staff qualifications. Toddlers may be grouped with either infants or preschoolers as long as the requirements applicable to the youngest age group in the group are followed. +(5) Emphasis shall be placed on improving the quality of early care and education for children from birth to entering first grade in center-based programs. +(6) Long-term efficiency within the Community Care Licensing Division of the State Department of Social Services shall be promoted through the elimination of duplicate paperwork, toddler component waiver processing, and compliance visits to day care centers. +(7) A single inspection visit and administration of the birth to entering first grade day care center shall be implemented versus multiple inspection visits and administration of a day care center with an infant license or preschool license and a toddler component option. This will increase efficiency and allow a department analyst to more holistically evaluate the birth to entering first grade day care center, which will lead to stronger health and safety practices. The efficiencies gained will reduce cost pressure on the department and allow more providers to operate in California, and thus open more spaces for children and parents waiting for care. +(g) The ability for providers to choose which type of facility license option best meets their specific programmatic contract, business, and community needs will allow for more flexibility in the planning for a successful operation of the center. +SEC. 2. +Section 1596.951 is added to the Health and Safety Code, to read: +1596.951. +(a) The department shall, in consultation with stakeholders through the regulatory process, adopt regulations on or before January 1, 2018, to develop and implement a birth to entering first grade license option for day care centers. Regulations adopted pursuant to this section shall include all of the following: +(1) Age-appropriate transition periods that do all of the following: +(A) Allow children to transition from one age group to another age group up to three months before or three months after their birthday. +(B) Take the needs of the whole age group into consideration in order to move children together. +(C) Consider continuity of care of the children and parents being served. +(D) Consider the needs of the day care center licensees to maximize spaces being used. +(2) A requirement that when a birth to entering first grade license option is being issued to a new or current day care center licensee, the licensee shall list the age groups of children being served at the day care center for the purposes of license inspections, data collection management, and county needs assessments. +(3) A requirement that all other licensing regulations that apply to a day care center shall also apply to a birth to entering first grade license option. +(b) (1) A new applicant for a birth to entering first grade license option may be charged a fee commensurate with the other age specific facility license fee schedules. +(2) Until an existing day care center license has been replaced with a birth to entering first grade license option, a day care center licensee shall maintain a day care center that meets regulatory standards for the age groups of children that are being cared for at the day care center, and standards for inspection of a day care center shall be based on the current license. +(c) Stakeholders consulted in adopting regulations pursuant to this section shall include, but are not limited to, the State Department of Education, California Association for the Education of Young Children, Early Edge California, First 5 California, Children Now, Alliance for Early Success, California Head Start Association, California Child Development Administrators Association, California Child Care Resource and Referral Network, California Child Care Coordinators Association, Infant Development Association, the Western Office of Zero to Three, L.A. Alliance, Professional Association for Childhood Education, Californians for Quality Early Learning, WestEd, American Federation of State, County and Municipal Employees, Title 5 and Head Start-funded center-base child care providers, and private fee -for-service center-based child care providers.","Existing law provides for the licensure and regulation of day care centers by the State Department of Social Services. Existing regulations require a separate license to be issued for each component of a combination center, and establishes teacher-child ratio requirements. +This bill would require the department to, in consultation with specified stakeholders, adopt regulations on or before January 1, 2018, to develop and implement a birth to entering first grade license option for day care centers. The bill would require the regulations to include age-appropriate transition times, as specified, a requirement that a single integrated license option list the age groups of children being served at the day care center, and a requirement that all other licensing regulations that apply to a day care center shall also apply to a birth to entering first grade license option. The bill would require, until a day care center has the new integrated license, standards for inspection of a day care center to be based on the current license.","An act to add Section 1596.951 to the Health and Safety Code, relating to care facilities." +959,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12804.9 of the Vehicle Code is amended to read: +12804.9. +(a) (1) The examination shall include all of the following: +(A) A test of the applicant’s knowledge and understanding of the provisions of this code governing the operation of vehicles upon the +highways. +highways, including, but not limited to, +provisions relating to +safe overtaking and passing, including, but not limited to, Section 21753. +(B) A test of the applicant’s ability to read and understand simple English used in highway traffic and directional signs. +(C) A test of the applicant’s understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation. +(D) An actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. The applicant shall submit to an examination appropriate to the type of motor vehicle or combination of vehicles he or she desires a license to drive, except that the department may waive the driving test part of the examination for any applicant who submits a license issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico if the department verifies through any acknowledged national driver record data source that there are no stops, holds, or other impediments to its issuance. The examining officer may request to see evidence of financial responsibility for the vehicle prior to supervising the demonstration of the applicant’s ability to operate the vehicle. The examining officer may refuse to examine an applicant who is unable to provide proof of financial responsibility for the vehicle, unless proof of financial responsibility is not required by this code. +(E) A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the applicant’s mental and physical fitness to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code. +(2) (A) Before a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, may be issued or renewed, the applicant shall have in his or her driver record a valid report of a medical examination of the applicant given not more than two years prior to the date of the application by a health care professional. As used in this paragraph, “health care professional” means a person who is licensed, certified, or registered in accordance with applicable state laws and regulations to practice medicine and perform physical examinations in the United States. Health care professionals are doctors of medicine, doctors of osteopathy, physician assistants, and registered advanced practice nurses, or doctors of chiropractic who are clinically competent to perform the medical examination presently required of motor carrier drivers by the United States Department of Transportation. The report shall be on a form approved by the department. In establishing the requirements, consideration may be given to the standards presently required of motor carrier drivers by the Federal Motor Carrier Safety Administration. +(B) The department may accept a federal waiver of one or more physical qualification standards if the waiver is accompanied by a report of a nonqualifying medical examination for a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of Subpart E of Part 391 of Title 49 of the Code of Federal Regulations. +(3) A physical defect of the applicant that, in the opinion of the department, is compensated for to ensure safe driving ability, shall not prevent the issuance of a license to the applicant. +(b) In accordance with the following classifications, an applicant for a driver’s license shall be required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive: +(1) Class A includes the following: +(A) Except as provided in subparagraph (H) of paragraph (3), a combination of vehicles, if a vehicle being towed has a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds. +(B) A vehicle towing more than one vehicle. +(C) A trailer bus. +(D) The operation of all vehicles under class B and class C. +(2) Class B includes the following: +(A) Except as provided in subparagraph (H) of paragraph (3), a single vehicle with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds. +(B) A single vehicle with three or more axles, except any three-axle vehicle weighing less than 6,000 pounds. +(C) A bus with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds, except a trailer bus. +(D) A farm labor vehicle. +(E) A single vehicle with three or more axles or a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds towing another vehicle with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less. +(F) A house car over 40 feet in length, excluding safety devices and safety bumpers. +(G) The operation of all vehicles covered under class C. +(3) Class C includes the following: +(A) A two-axle vehicle with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, including when the vehicle is towing a trailer or semitrailer with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less. +(B) Notwithstanding subparagraph (A), a two-axle vehicle weighing 4,000 pounds or more unladen when towing a trailer coach not exceeding 9,000 pounds gross. +(C) A house car of 40 feet in length or less. +(D) A three-axle vehicle weighing 6,000 pounds gross or less. +(E) A house car of 40 feet in length or less or a vehicle towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less, including when a tow dolly is used. A person driving a vehicle may not tow another vehicle in violation of Section 21715. +(F) (i) A two-axle vehicle weighing 4,000 pounds or more unladen when towing either a trailer coach or a fifth-wheel travel trailer not exceeding 10,000 pounds gross vehicle weight rating, when the towing of the trailer is not for compensation. +(ii) A two-axle vehicle weighing 4,000 pounds or more unladen when towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds, gross vehicle weight rating, when the towing of the trailer is not for compensation, and if the person has passed a specialized written examination provided by the department relating to the knowledge of this code and other safety aspects governing the towing of recreational vehicles upon the highway. +The authority to operate combinations of vehicles under this subparagraph may be granted by endorsement on a class C license upon completion of that written examination. +(G) A vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating, as those terms are defined in subdivisions (j) and (k), respectively, of Section 15210, of 26,000 pounds or less, if all of the following conditions are met: +(i) Is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level. +(ii) Is used exclusively in the conduct of agricultural operations. +(iii) Is not used in the capacity of a for-hire carrier or for compensation. +(H) Firefighting equipment, provided that the equipment is operated by a person who holds a firefighter endorsement pursuant to Section 12804.11. +(I) A motorized scooter. +(J) A bus with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, except a trailer bus. +(K) Class C does not include a two-wheel motorcycle or a two-wheel motor-driven cycle. +(4) Class M1. A two-wheel motorcycle or a motor-driven cycle. Authority to operate a vehicle included in a class M1 license may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination. +(5) (A) Class M2 includes the following: +(i) A motorized bicycle or moped, or a bicycle with an attached motor, except a motorized bicycle described in subdivision (b) of Section 406. +(ii) A motorized scooter. +(B) Authority to operate vehicles included in class M2 may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination, except that no endorsement is required for a motorized scooter. Persons holding a class M1 license or endorsement may operate vehicles included in class M2 without further examination. +(c) A driver’s license or driver certificate is not valid for operating a commercial motor vehicle, as defined in subdivision (b) of Section 15210, any other motor vehicle defined in paragraph (1) or (2) of subdivision (b), or any other vehicle requiring a driver to hold any driver certificate or any driver’s license endorsement under Section 15275, unless a medical certificate approved by the department that has been issued within two years of the date of the operation of that vehicle and a copy of the medical examination report from which the certificate was issued is on file with the department. Otherwise, the license is valid only for operating class C vehicles that are not commercial vehicles, as defined in subdivision (b) of Section 15210, and for operating class M1 or M2 vehicles, if so endorsed, that are not commercial vehicles, as defined in subdivision (b) of Section 15210. +(d) A license or driver certificate issued prior to the enactment of Chapter 7 (commencing with Section 15200) is valid to operate the class or type of vehicles specified under the law in existence prior to that enactment until the license or certificate expires or is otherwise suspended, revoked, or canceled. Upon application for renewal or replacement of a driver’s license, endorsement, or certificate required to operate a commercial motor vehicle, a valid medical certificate on a form approved by the department shall be submitted to the department. +(e) The department may accept a certificate of driving skill that is issued by an employer, authorized by the department to issue a certificate under Section 15250, of the applicant, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted as evidence of the applicant’s skill in the operation of the types of equipment covered by the license for which he or she is applying. +(f) The department may accept a certificate of competence in lieu of a driving test on class M1 or M2 applications, when the certificate is issued by a law enforcement agency for its officers who operate class M1 or M2 vehicles in their duties, if the applicant has met the other examination requirements for the license for which he or she is applying. +(g) The department may accept a certificate of satisfactory completion of a novice motorcyclist training program approved by the commissioner pursuant to Section 2932 in lieu of a driving test on class M1 or M2 applications, if the applicant has met the other examination requirements for the license for which he or she is applying. The department shall review and approve the written and driving test used by a program to determine whether the program may issue a certificate of completion. +(h) Notwithstanding subdivision (b), a person holding a valid California driver’s license of any class may operate a short-term rental motorized bicycle without taking any special examination for the operation of a motorized bicycle, and without having a class M2 endorsement on that license. As used in this subdivision, “short-term” means 48 hours or less. +(i) A person under the age of 21 years shall not be issued a class M1 or M2 license or endorsement unless he or she provides evidence satisfactory to the department of completion of a motorcycle safety training program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2. +(j) A driver of a vanpool vehicle may operate with a class C license but shall possess evidence of a medical examination required for a class B license when operating vanpool vehicles. In order to be eligible to drive the vanpool vehicle, the driver shall keep in the vanpool vehicle a statement, signed under penalty of perjury, that he or she has not been convicted of reckless driving, drunk driving, or a hit-and-run offense in the last five years.","Under existing law, upon application for an original driver’s license, except student licenses, the Department of Motor Vehicles shall require an examination of the applicant. Existing law requires that the examination test the applicant’s knowledge and understanding of, among other things, the provisions of the Vehicle Code governing the operation of vehicles upon the highways. +This bill would require the test of the applicant’s knowledge and understanding of the operation of vehicles on the highway to include provisions that cover safe overtaking and passing, as specified.","An act to amend Section 12804.9 of the Vehicle Code, relating to driver’s licenses." +960,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6601 of the Welfare and Institutions Code is amended to read: +6601. +(a) (1) Whenever the Secretary of the Department of Corrections and Rehabilitation determines that an individual who is in custody under the jurisdiction of the Department of Corrections and Rehabilitation, and who is either serving a determinate prison sentence or whose parole has been revoked, may be a sexually violent predator, the secretary shall, at least six months prior to that individual’s scheduled date for release from prison, refer the person for evaluation in accordance with this section. However, if the inmate was received by the department with less than nine months of his or her sentence to serve, or if the inmate’s release date is modified by judicial or administrative action, the secretary may refer the person for evaluation in accordance with this section at a date that is less than six months prior to the inmate’s scheduled release date. +(2) A petition may be filed under this section if the individual was in custody pursuant to his or her determinate prison term, parole revocation term, or a hold placed pursuant to Section 6601.3, at the time the petition is filed. A petition shall not be dismissed on the basis of a later judicial or administrative determination that the individual’s custody was unlawful, if the unlawful custody was the result of a good faith mistake of fact or law. This paragraph shall apply to any petition filed on or after January 1, 1996. +(b) The person shall be screened by the Department of Corrections and Rehabilitation and the Board of Parole Hearings based on whether the person has committed a sexually violent predatory offense and on a review of the person’s social, criminal, and institutional history. This screening shall be conducted in accordance with a structured screening instrument developed and updated by the State Department of State Hospitals in consultation with the Department of Corrections and Rehabilitation. If as a result of this screening it is determined that the person is likely to be a sexually violent predator, the Department of Corrections and Rehabilitation shall refer the person to the State Department of State Hospitals for a full evaluation of whether the person meets the criteria in Section 6600. +(c) The State Department of State Hospitals shall evaluate the person in accordance with a standardized assessment protocol, developed and updated by the State Department of State Hospitals, to determine whether the person is a sexually violent predator as defined in this article. The standardized assessment protocol shall require assessment of diagnosable mental disorders, as well as various factors known to be associated with the risk of reoffense among sex offenders. Risk factors to be considered shall include criminal and psychosexual history, type, degree, and duration of sexual deviance, and severity of mental disorder. +(d) Pursuant to subdivision (c), the person shall be evaluated by two practicing psychiatrists or psychologists, or one practicing psychiatrist and one practicing psychologist, designated by the Director of State Hospitals. If both evaluators concur that the person has a diagnosed mental disorder so that he or she is likely to engage in acts of sexual violence without appropriate treatment and custody, the Director of State Hospitals shall forward a request for a petition for commitment under Section 6602 to the county designated in subdivision (i). Copies of the evaluation reports and any other supporting documents shall be made available to the attorney designated by the county pursuant to subdivision (i) who may file a petition for commitment. +(e) If one of the professionals performing the evaluation pursuant to subdivision (d) does not concur that the person meets the criteria specified in subdivision (d), but the other professional concludes that the person meets those criteria, the Director of State Hospitals shall arrange for further examination of the person by two independent professionals selected in accordance with subdivision (g). +(f) If an examination by independent professionals pursuant to subdivision (e) is conducted, a petition to request commitment under this article shall only be filed if both independent professionals who evaluate the person pursuant to subdivision (e) concur that the person meets the criteria for commitment specified in subdivision (d). The professionals selected to evaluate the person pursuant to subdivision (g) shall inform the person that the purpose of their examination is not treatment but to determine if the person meets certain criteria to be involuntarily committed pursuant to this article. It is not required that the person appreciate or understand that information. +(g) Any independent professional who is designated by the Secretary of the Department of Corrections and Rehabilitation or the Director of State Hospitals for purposes of this section shall not be a state government employee, shall have at least five years of experience in the diagnosis and treatment of mental disorders, and shall include psychiatrists and licensed psychologists who have a doctoral degree in psychology. The requirements set forth in this section also shall apply to any professionals appointed by the court to evaluate the person for purposes of any other proceedings under this article. +(h) (1) If the State Department of State Hospitals determines that the person is a sexually violent predator as defined in this article, the Director of State Hospitals shall forward a request for a petition to be filed for commitment under this article to the county designated in subdivision (i) no less than 20 calendar days prior to the scheduled release date of the person. Copies of the evaluation reports and any other supporting documents shall be made available to the attorney designated by the county pursuant to subdivision (i) who may file a petition for commitment in the superior court. +(2) If a hold is placed pursuant to Section 6601.3 and the State Department of State Hospitals determines that the person is a sexually violent predator as defined in this article, the Director of State Hospitals shall forward a request for a petition to be filed for commitment under this article to the county designated in subdivision (i) no less than 20 calendar days prior to the end of the hold. +(3) The person shall have no right to enforce the time limit set forth in this subdivision and shall have no remedy for its violation. +(i) If the county’s designated counsel concurs with the recommendation, a petition for commitment shall be filed in the superior court of the county in which the person was convicted of the offense for which he or she was committed to the jurisdiction of the Department of Corrections and Rehabilitation. The petition shall be filed, and the proceedings shall be handled, by either the district attorney or the county counsel of that county. The county board of supervisors shall designate either the district attorney or the county counsel to assume responsibility for proceedings under this article. +(j) An order issued by a judge pursuant to Section 6601.5, finding that the petition, on its face, supports a finding of probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon his or her release, shall toll that person’s parole pursuant to paragraph (4) of subdivision (a) of Section 3000 of the Penal Code, if that individual is determined to be a sexually violent predator. +(k) Pursuant to subdivision (d), the attorney designated by the county pursuant to subdivision (i) shall notify the State Department of State Hospitals of its decision regarding the filing of a petition for commitment within 15 days of making that decision. +SEC. 2. +Section 6601.3 of the Welfare and Institutions Code is amended to read: +6601.3. +(a) Upon a showing of good cause, the Board of Parole Hearings may order that a person referred to the State Department of State Hospitals pursuant to subdivision (b) of Section 6601 remain in custody for no more than 45 days beyond the person’s scheduled release date for full evaluation pursuant to subdivisions (c) to (i), inclusive, of Section 6601. +(b) For purposes of this section, good cause means circumstances where there is a recalculation of credits or a restoration of denied or lost credits by any custodial agency or court, a resentencing by a court, the receipt of the prisoner into custody, or equivalent exigent circumstances that result in there being less than 45 days prior to the person’s scheduled release date for the full evaluation described in subdivisions (c) to (i), inclusive, of Section 6601.","Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a person who is in custody under that department’s jurisdiction, who is serving a determinate sentence or whose parole has been revoked, for evaluation by the State Department of State Hospitals if the secretary determines that the person may be a sexually violent predator. Existing law establishes a screening process for the department and the Board of Parole Hearings to determine whether a person has committed a sexually violent offense, and to determine if the person is likely to be a sexually violent predator prior to referral to the State Department of State Hospitals for a full evaluation. Existing law authorizes the board, upon a showing of good cause, as defined, to order that the person referred to the State Department of State Hospitals remain in custody for no more than 45 days beyond the person’s scheduled release date for full evaluation. Existing law requires, if the State Department of State Hospitals determines that the person is a sexually violent predator, as defined, the Director of State Hospitals to forward a request to a specified county for a petition to be filed for the person to be committed to a facility for mental health treatment. +This bill would require the Director of State Hospitals to forward the request no less than 20 calendar days prior to the scheduled release date of the person or, if the person is ordered by the board to remain in custody beyond the person’s scheduled release date, no less than 20 calendar days prior to the end of that hold. The bill would modify the definition of “good cause” in the above provision. The bill would also make technical, nonsubstantive changes to these provisions.","An act to amend Sections 6601 and 6601.3 of the Welfare and Institutions Code, relating to mental health." +961,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known and may be cited as the Fix Our Roads Act. +SEC. 2. +The Legislature finds and declares all of the following: +(a) According to the Governor, California faces a $5.7 billion annual shortfall in funding state highway maintenance and rehabilitation. Local governments have identified an additional $7.8 billion annual shortfall for maintaining local streets and roads. +(b) Ensuring the safe and efficient movement of goods and people is a fundamental role of government. California has neglected its roads and highways. According to the Department of Transportation (Caltrans), more than 15 percent of the state’s 50,000 miles of state highways are characterized as “distressed,” and require substantial rehabilitation and reconstruction work. An additional 25 percent of the state highway system is in need of corrective maintenance. +(c) California is ranked 45th in the United States by the Reason Foundation’s 21st Annual Report on the Performance of State Highway Systems for overall highway condition and performance. +(d) According to The Road Information Program, a national transportation research group, congestion-related delays cost California motorists $20.4 billion every year. In Los Angeles and the Bay Area, the average motorist loses 61 hours due to congestion each year, costing $1,300 in lost time and wasted fuel. In the commercial sector, $1.34 trillion in goods are shipped from sites in California. According to the American Transportation Research Institute, traffic congestion in California adds over $1.7 billion annually in operational costs for the commercial trucking sector. +(e) According to the American Petroleum Institute, Californians pay the fourth highest gas tax in the nation. +(f) In 2015, the state’s cap-and-trade program was expanded to cover transportation fuels. According to the State Energy Resources Conservation and Development Commission, this added an additional 10 cents to the cost of a gallon of gas. The Legislative Analyst’s Office estimates this tax will grow automatically to between 13 cents and 20 cents per gallon over the next five years. When this “hidden tax” is included, Californians pay the highest gas tax in the nation. +(g) This hidden tax on gasoline will generate between $1 billion and $3 billion per year in new revenue. None of this revenue supports road maintenance and rehabilitation. +(h) During the last recession, the Legislature diverted approximately $1 billion per year in truck weight fees from funding road maintenance and rehabilitation to backfill the state’s General Fund. +(i) General Fund spending grew by more than $15 billion between the 2013–14 and 2015–16 fiscal years. The weight fee diversion has not been reversed, and none of this new spending directly supported road maintenance or rehabilitation projects. +(j) The Legislative Analyst projects the state will have an $11.5 billion surplus in the 2016–17 fiscal year. +(k) The Legislature borrowed $482 million from the state’s Traffic Congestion Relief Program in 2001. None of this loan has been repaid. +(l) The Legislature is funding construction of a $68-billion-high-speed rail project. If constructed, this project would reduce traffic congestion by only 1 percent. In addition to more than $500 million per year in cap-and-trade revenue, taxpayers will pay $650 million per year in bond debt service over the next 30 years to fund this project. +(m) California does not spend existing road funds efficiently. The cost of meeting the state’s highway maintenance needs has nearly tripled over 10 years, while gas tax revenue for maintenance has remained steady. In May 2014, the Legislative Analyst released a review of staff support costs at Caltrans. The report determined that Caltrans is overstaffed by 3,500 full-time employees, at a cost of more than $500 million per year. +(n) Gas taxes and vehicle registration fees are regressive, and disproportionately harm low-income and middle class working families. Lower income Californians drive less fuel efficient vehicles, and commute longer distances due to the state’s lack of affordable housing. +(o) According to the American Automobile Association, Californians already pay the highest gas prices in the nation. +(p) The Governor proposes placing 1,500,000 zero-emission vehicles on California’s roads by 2025. Electric vehicle owners are disproportionately wealthy, and do not contribute any gas tax to pay for road maintenance and rehabilitation. According to an October 2015 University of California, Berkeley, study, the wealthiest 20 percent of households capture 90 percent of federal tax credits for electric vehicle purchases. +(q) Because electric vehicle owners do not pay gas tax, increasing the gas tax shifts the burden for roadway maintenance to lower income Californians. +(r) In September 2015, the Governor proposed a $500 million gas tax increase, and a $2 billion vehicle registration fee increase, to fund road maintenance and rehabilitation. The $65 registration fee increase would more than double the existing base registration fee. +SEC. 3. +A special election is hereby called to be held throughout the state on November 8, 2016. The special election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used. +SEC. 4. +(a) Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit the following advisory question to the voters at the November 8, 2016, consolidated election: +“Shall the California Legislature disproportionately target low-income and middle class families with a regressive tax increase on gasoline and annual vehicle registrations to fund road maintenance and rehabilitation, rather than ending the diversion of existing transportation tax revenues for nontransportation purposes, investing surplus state revenue in transportation infrastructure, repaying funds borrowed from transportation accounts, prioritizing roads over high-speed rail, and eliminating waste at the Department of Transportation?” +(b) The provisions of the Elections Code that apply to the preparation of ballot measures and ballot materials at a statewide election apply to the measure submitted pursuant to this section. +SEC. 5. +(a) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code or any other law, the Secretary of State shall submit Section 4 of this act to the voters at the November 8, 2016, statewide general election. +(b) Notwithstanding Section 13115 of the Elections Code, Section 4 of this act and any other measure placed on the ballot by the Legislature for the November 8, 2016, statewide general election after the 131-day deadline set forth in Section 9040 of the Elections Code shall be placed on the ballot, following all other ballot measures, in the order in which they qualified as determined by chapter number. +(c) The Secretary of State shall include, in the ballot pamphlets mailed pursuant to Section 9094 of the Elections Code, the information specified in Section 9084 of the Elections Code regarding the ballot measure contained in Section 4 of this act. +SEC. 6. +This act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.","This bill would call a special election to be consolidated with the November 8, 2016, statewide general election. The bill would require the Secretary of State to submit to the voters at the November 8, 2016, consolidated election an advisory question asking whether the California Legislature should “disproportionately target low-income and middle class families with a regressive tax increase on gasoline and annual vehicle registrations to fund road maintenance and rehabilitation, rather than ending the diversion of existing transportation tax revenues for nontransportation purposes, investing surplus state revenue in transportation infrastructure, repaying funds borrowed from transportation accounts, prioritizing roads over high-speed rail, and eliminating waste at the Department of Transportation.” The bill would also make legislative findings and declarations. +This bill would declare that it is to take effect immediately as an act calling an election.","An act relating to transportation, calling an election, to take effect immediately." +962,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 44332 of the Education Code is amended to read: +44332. +(a) Except where that service is provided by a school district authorized to register certification documents pursuant to Section 44332.5, each county board of education or city and county board of education may issue temporary certificates for the purpose of authorizing salary payments to certified employees, including individuals certified in another state, whose credential applications are being processed or to personnel employed in children’s centers or other preschool educational programs whose permit applications are being processed. However, the individual must have demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to the requirements of Section 44252.5. The applicant for the temporary certificate shall make a statement under oath that he or she has duly filed an application for a credential or permit together with the required fee and that, to the best of his or her knowledge, no reason exists why a certificate or permit should not be issued. The certificate or permit shall be valid for not more than one calendar year from the date of issuance. +(b) The county board of education or city and county board of education shall cancel the temporary certificate or permit immediately upon receipt of certification in writing from the commission that the applicant apparently does not possess adequate academic qualifications or apparently has a criminal record that would disqualify the applicant. +(c) A temporary certificate issued to a permit applicant is not valid beyond the time that the commission either issues or denies the originally requested permit. A temporary certificate issued to a credential applicant is not valid beyond the time that the commission provides written notification to the county board of education or city and county board of education that the applicant apparently does not possess adequate qualifications or that the commission has received facts that may cause denial of the application, or beyond the time that the commission either issues or denies the originally requested credential. +(d) A county board of education or city and county board of education may not issue a temporary certificate to an applicant whose teaching credential is revoked or suspended. +SEC. 2. +Section 44332.5 of the Education Code is amended to read: +44332.5. +(a) (1) A school district that may issue warrants pursuant to Section 42647 may, at its discretion, provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district. +(2) A school district shall not provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district until the school district has obtained a certificate of clearance from the commission. +(b) During any period when summary criminal history information is not available from the Federal Bureau of Investigation, an applicant for an initial credential, certificate, or permit shall not be employed in a position requiring certification qualifications until he or she has met the minimum requirements for a temporary certificate of clearance. A temporary certificate of clearance or a credential, certificate, or permit authorizing service in the public schools shall be issued when the applicant has: +(1) Made full disclosure of all facts necessary to establish his or her true identity. +(2) Made a statement under penalty of perjury that he or she has not been convicted of a crime which would constitute grounds for the denial of the credential, permit, or certificate applied for. +An applicant shall not be required to disclose, and the Committee of Credentials shall not inquire into or consider, any acts or omissions not related to the applicant’s fitness to teach or to perform other duties for which he or she is certificated, or that is related to his or her competence to perform the duties authorized by his or her credential. +(3) Paid to the commission the amount of twelve dollars ($12) or the fees or costs which have been or will be assessed by the Federal Bureau of Investigation for the issuance of its summary criminal history of the applicant when this information is once again made available to the commission. The fees authorized by this paragraph shall be applicable to all credentials, permits, and certificates which were applied for or issued after October 1, 1981. +(c) Upon receipt of a statement from the Federal Bureau of Investigation that it has no summary criminal history information on the applicant, or upon receipt of the summary criminal history information and clearance by the Committee of Credentials, a temporary certificate of clearance shall be converted to a regular certificate of clearance. +SEC. 3. +Section 44332.6 of the Education Code is amended to read: +44332.6. +(a) (1) Before issuing a temporary certificate pursuant to Section 44332, a county board of education or city and county board of education shall obtain a certificate of clearance from the commission and shall not issue a temporary certificate if the applicant has been convicted of a violent or serious felony. +(2) Before issuing a temporary certificate of clearance pursuant to Section 44332.5, a school district shall obtain a certificate of clearance from the commission and shall not issue a temporary certificate of clearance if the applicant has been convicted of a violent or serious felony. +(b) This section applies to any violent or serious offense which, if committed in this state would have been punishable as a violent or serious felony. +(c) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code. +(d) Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that he or she has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. +(e) Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that the person has been convicted of a serious felony that is not also a violent felony, if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident. +(f) (1) Notwithstanding paragraph (1) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that employee. +(2) Notwithstanding paragraph (2) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate of clearance to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that employee. +SEC. 4. +Article 15 (commencing with Section 44405) is added to Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code, to read: +Article 15. Nonpublic, Nonsectarian Schools +44405. +(a) A county board of education or city and county board of education may issue temporary certificates for the purpose of authorizing salary payments to certified employees of nonpublic, nonsectarian schools, including individuals certified in another state, whose credential applications are being processed by the commission. However, the individuals must have demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to the requirements of Section 44252.5. The applicant for a temporary certificate shall make a statement that he or she has duly filed an application with the commission for a credential or permit together with the required fee and that, to the best of his or her knowledge, no reason exists why a certificate or permit should not be issued. The certificate or permit shall be valid for not more than one calendar year from the date of issuance. +(b) The county board of education or city and county board of education shall cancel the temporary certificate or permit, providing notification to the applicant and the nonpublic, nonsectarian school specified on the temporary certificate or permit, immediately upon receipt of certification in writing from the commission that the applicant apparently does not possess adequate academic qualifications or apparently has a criminal record that would disqualify the applicant. +(c) A temporary certificate issued to a permit applicant is not valid beyond the time that the commission either issues or denies the originally requested permit. A temporary certificate issued to a credential applicant is not valid beyond the time that the commission provides written notification to the county board of education or city and county board of education that the applicant apparently does not possess adequate qualifications or that the commission has received facts that may cause denial of the application, or beyond the time that the commission either issues or denies the originally requested credential. +(d) A county board of education or city and county board of education may not issue a temporary certificate to an applicant whose teaching credential is revoked or suspended. +(e) For purposes of this article, “nonpublic, nonsectarian school” has the same meaning as defined in Section 56034. +44406. +(a) Before issuing a temporary certificate pursuant to Section 44405, a county board of education or city and county board of education shall obtain a certificate of clearance from the commission. +(b) The conditions under which a temporary certificate issued pursuant to Section 44405 may or shall be revoked, issued, or denied, as applicable, shall be the same for nonpublic, nonsectarian schools as for schools operated by local educational agencies, as provided in Article 8 (commencing with Section 44330). +44407. +The commission shall honor requests to expedite the processing of applications for teacher credentialing received from the department on behalf of an applicant employed or seeking employment at a nonpublic, nonsectarian school to the same degree the commission honors requests to expedite the processing of applications for teacher credentialing received from another employing agency. +44408. +The department shall recognize the authority of all teacher permits, credentials, and certificates issued by the commission or a county board of education or city and county board of education authorized by this article. +44409. +This article shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2025, deletes or extends the dates on which it becomes inoperative and is repealed.","(1) Existing law authorizes a county board of education or city and county board of education to issue temporary certificates to certified employees whose credentials are being processed by the Commission on Teacher Credentialing. Under existing law, a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, is required to obtain a criminal record summary about the applicant from the Department of Justice. +This bill instead would authorize a county board of education or city and county board of education to issue temporary certificates to certified employees, including individuals certified in another state, whose credentials are being processed by the commission. The bill would require a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, to instead obtain a certificate of clearance from the commission. +(2) Existing law authorizes certain school districts, at their discretion, to provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district. +This bill would prohibit a school district from exercising that authority until the school district has obtained a certificate of clearance from the commission. +(3) Existing law authorizes a local educational agency to contract with a nonpublic, nonsectarian school to provide the appropriate special educational facilities, special education, or designated instruction and services required by a pupil with exceptional needs if no appropriate public education program is available. +This bill would authorize a county board of education or city and county board of education to issue temporary certificates to certified employees of nonpublic, nonsectarian schools, including individuals certified in another state, whose credentials are being processed by the commission, as provided. The bill would require a county board of education or city and county board of education, before issuing a temporary certificate, to obtain a certificate of clearance from the commission. The bill would provide that the conditions under which a temporary certificate issued pursuant to these provisions may or shall be revoked, issued, or denied, as applicable, are to be the same for nonpublic, nonsectarian schools as for schools operated by local educational agencies. +The bill would require the commission to honor requests to expedite teacher credentialing processing from the State Department of Education on behalf of an applicant employed or seeking employment at a nonpublic, nonsectarian school to the same degree the commission honors requests to expedite the processing of applications for teacher credentialing received from other employing agencies. +The bill would require the State Department of Education to recognize all teacher permits, credentials, and certificates issued by the commission or a county board of education or city and county board of education authorized by this bill. +The bill would make these provisions inoperative on July 1, 2024, and would repeal them as of January 1, 2025.","An act to amend Sections 44332, 44332.5, and 44332.6 of, and to add and repeal Article 15 (commencing with Section 44405) of Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code, relating to teacher credentialing." +963,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 50199.10 of the Health and Safety Code is amended to read: +50199.10. +(a) For purposes of allocating low-income housing credits, the committee is hereby designated as this state’s only housing credit agency for purposes of Section 42(h) of the federal Internal Revenue Code (26 U.S.C. Sec. 42(h)). The committee shall annually determine and shall allocate the state ceiling in accordance with this chapter and in conformity with federal law. The committee shall determine the housing credit ceiling as soon as possible following the effective date of this chapter and thereafter following the commencement of each calendar year. The committee shall undertake any and all responsibilities of housing credit agencies under Section 42 of Title 26 of the United States Code, including entering into regulatory agreements relating to projects that are granted awards. +(b) The committee shall develop and provide application forms for use by housing credit applicants. The committee shall adopt uniform procedures for submission and review of applications of housing credit applicants, including fees to defray the committee’s costs in administering this chapter. In the committee’s discretion, the fees shall be charged to a housing credit applicant as a condition of submitting an application or as a condition of receiving an allocation or reservation of the state’s current or anticipated housing credit ceiling, or both. +(c) In addition to allocating the current housing credit ceiling, the committee may reserve a portion of the state’s anticipated housing credit ceiling for a subsequent year for a housing credit applicant. +(d) As a condition to making an allocation of the housing credit ceiling or a reservation of the anticipated housing credit ceiling for a subsequent year, the committee may require the housing credit applicant receiving the allocation or reservation to deposit with the committee an amount of money as a good-faith undertaking. The committee shall adopt policies for determining when deposits will be required, prescribing procedures for return of deposits, and specifying the circumstances under which the deposits will be forfeited in whole or in part for failure to timely utilize the allocation or reservation provided to the housing credit applicant. +(e) (1) The committee may make any allocation or reservation of the state’s housing credit ceiling to a housing credit applicant subject to terms and conditions in furtherance of the purposes of this part. The committee may condition an allocation or reservation on the execution of a contract between the housing credit applicant and the committee requiring the housing credit applicant to comply with all the terms of Section 42 of the federal Internal Revenue Code, any applicable state laws, and any additional requirements the committee deems necessary or appropriate to serve the purposes of this chapter, and providing for legal action to obtain specific performance or monetary damages for breach of contract. +(2) No allocations or reservations shall be made pursuant to this subdivision with respect to projects that do not meet the requirements of the qualified allocation plan, and no allocations or reservations shall be made in amounts that do not meet the requirements of paragraph (2) of subsection (m) of Section 42 of Title 26 of the United States Code. +(3) (A) With respect to an allocation or reservation, the committee may establish a schedule of fines for violations of the terms and conditions, the regulatory agreement, other agreements, or program regulations. In developing the schedule of fines, the committee shall establish the fines for violations in an amount up to five hundred dollars ($500) per violation or double the amount of the financial gain because of the violation, whichever is greater. Except for serious violations, which shall be defined by the committee, a first-time property owner violator shall be given at least 30 days to correct the violation before a fine is imposed. A violation that has occurred for some time prior to discovery is one violation, but fines may be a recurring amount if the violation is not corrected within a reasonable period of time thereafter, as determined by the committee. A property owner may appeal a fine to the committee. +(B) By resolution at a public general committee meeting, the committee shall adopt and may revise the schedule of fines, which shall include specific violations of the terms and conditions, the regulatory agreement, other agreements, or program regulations and fine amounts subject to the criteria in subparagraph (A). +(C) All fines received by the committee shall be deposited in the Housing Rehabilitation Loan Fund established in Section 50661. +(D) If a fine assessed against a property owner is not paid within six months from the date when the fine was initially assessed by the committee and after reasonable notice has been provided to the property owner, the committee may record a lien against the property. Consistent with Sections 1214 and 1215 of the Civil Code, a lien created pursuant to this paragraph shall not be superior to any lien recorded prior to the recording of this lien.","Under existing law, the California Tax Credit Allocation Committee administers the federal and state low-income housing tax credit programs. Existing law requires the committee to allocate the housing credit on a specified regular basis and requires the committee to only allocate credits to a project if the housing sponsor enters into a specified regulatory agreement. Existing law authorizes the committee to make any allocation or reservation of the state’s housing credit ceiling to a housing credit applicant subject to specified terms and conditions. +Existing law establishes the Housing Rehabilitation Loan Fund, which is continuously appropriated to the Department of Housing and Community Development, to fund various housing-related purposes. +This bill would authorize the committee to establish a specified schedule of fines for violations of the terms and conditions, the regulatory agreement, other agreements, or program regulations. The bill would require the committee to define serious violations and, except for serious violations, would require a first-time property owner violator to be given the opportunity to correct the violation before the fine is imposed. The bill would authorize a property owner to appeal a fine to the committee. The bill would require these fines to be deposited in the Housing Rehabilitation Loan Fund and would authorize the committee to record a property lien if the fine has not been paid within a specified period of time. By depositing these fines into the Housing Rehabilitation Loan Fund, a continuously appropriated fund, the bill would make an appropriation.","An act to amend Section 50199.10 of the Health and Safety Code, relating to housing, and making an appropriation therefor." +964,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3017 of the Elections Code is amended to read: +3017. +(a) All vote by mail ballots cast under this division shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall do any of the following: (1) return the ballot by mail or in person to the elections official from whom it came, (2) return the ballot in person to a member of a precinct board at a polling place within the jurisdiction, or (3) return the ballot to the elections official from whom it came at a vote by mail ballot drop-off location, if provided pursuant to Section 3025. However, a vote by mail voter who is unable to return the ballot may designate any person to return the ballot to the elections official from whom it came or to the precinct board at a polling place within the jurisdiction. The ballot must, however, be received by either the elections official from whom it came or the precinct board before the close of the polls on election day. +(b) The elections official shall establish procedures to ensure the secrecy of a ballot returned to a precinct polling place and the security, confidentiality, and integrity of any personal information collected, stored, or otherwise used pursuant to this section. +(c) On or before March 1, 2008, the elections official shall establish procedures to track and confirm the receipt of voted vote by mail ballots and to make this information available by means of online access using the county’s elections division Internet Web site. If the county does not have an elections division Internet Web site, the elections official shall establish a toll-free telephone number that may be used to confirm the date a voted vote by mail ballot was received. +(d) The provisions of this section are mandatory, not directory, and a ballot shall not be counted if it is not delivered in compliance with this section. +(e) (1) A person designated to return a vote by mail ballot shall not receive any form of compensation based on the number of ballots that the person has returned and no individual, group, or organization shall provide compensation on this basis. +(2) For purposes of this paragraph, “compensation” means any form of monetary payment, goods, services, benefits, promises or offers of employment, or any other form of consideration offered to another person in exchange for returning another voter’s vote by mail ballot. +(3) Any person in charge of a vote by mail ballot and who knowingly and willingly engages in criminal acts related to that ballot as described in Division 18 (commencing with Section 18000), including, but not limited to, fraud, bribery, intimidation, and tampering with or failing to deliver the ballot in a timely fashion, is subject to the appropriate punishment specified in that division. +SEC. 1.5. +Section 3017 of the Elections Code is amended to read: +3017. +(a) All vote by mail ballots cast under this division shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall do any of the following: (1) return the ballot by mail or in person to the elections official who issued the ballot, (2) return the ballot in person to a member of a precinct board at a polling place or vote center within the state, or (3) return the ballot to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. However, a vote by mail voter who is unable to return the ballot may designate any person to return the ballot to the elections official who issued the ballot, to the precinct board at a polling place or vote center within the state, or to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. The ballot must, however, be received by the elections official who issued the ballot, the precinct board, or the vote by mail ballot dropoff location before the close of the polls on election day. If a vote by mail ballot is returned to a precinct board at a polling place or vote center, or to a vote by mail ballot dropoff location, that is located in a county that is not the county of the elections official who issued the ballot, the elections official for the county in which the vote by mail ballot is returned shall forward the ballot to the elections official who issued the ballot no later than eight days after receipt. +(b) The elections official shall establish procedures to ensure the secrecy of a ballot returned to a precinct polling place and the security, confidentiality, and integrity of any personal information collected, stored, or otherwise used pursuant to this section. +(c) On or before March 1, 2008, the elections official shall establish procedures to track and confirm the receipt of voted vote by mail ballots and to make this information available by means of online access using the county’s elections division Internet Web site. If the county does not have an elections division Internet Web site, the elections official shall establish a toll-free telephone number that may be used to confirm the date a voted vote by mail ballot was received. +(d) The provisions of this section are mandatory, not directory, and a ballot shall not be counted if it is not delivered in compliance with this section. +(e) (1) A person designated to return a vote by mail ballot shall not receive any form of compensation based on the number of ballots that the person has returned and no individual, group, or organization shall provide compensation on this basis. +(2) For purposes of this paragraph, “compensation” means any form of monetary payment, goods, services, benefits, promises or offers of employment, or any other form of consideration offered to another person in exchange for returning another voter’s vote by mail ballot. +(3) Any person in charge of a vote by mail ballot and who knowingly and willingly engages in criminal acts related to that ballot as described in Division 18 (commencing with Section 18000), including, but not limited to, fraud, bribery, intimidation, and tampering with or failing to deliver the ballot in a timely fashion, is subject to the appropriate punishment specified in that division. +SEC. 2. +Section 1.5 of this bill incorporates amendments to Section 3017 of the Elections Code proposed by both this bill and Senate Bill 450. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 3017 of the Elections Code, and (3) this bill is enacted after Senate Bill 450, in which case Section 1 of this bill shall not become operative.","Existing law requires that the vote by mail ballot be available to any registered voter. Under existing law, a voter who is unable to return his or her vote by mail ballot may designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or person residing in the same household as the vote by mail voter to return the vote by mail ballot. Except in the case of a candidate or the spouse of a candidate, existing law prohibits the return of a voter’s vote by mail ballot by one of those designees who is also a paid or volunteer worker of a general purpose committee, controlled committee, or any other group or organization at whose behest the individual designated to return the ballot is performing a service. +This bill would remove those restrictions and instead authorize the designation of any person to return a vote by mail ballot. The bill would prohibit a person designated to return a vote by mail ballot from receiving any form of compensation, as defined, based on the number of ballots that the person has returned and would prohibit an individual, group, or organization from providing compensation on this basis. The bill would state that any person in charge of a vote by mail ballot who knowingly and willingly engages in criminal acts related to that ballot is subject to the appropriate punishment pursuant to existing law. +This bill would incorporate additional changes to Section 3017 of the Elections Code proposed by SB 450 that would become operative only if SB 450 and this bill are both chaptered and this bill is chaptered last.","An act to amend Section 3017 of the Elections Code, relating to elections." +965,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11658 of the Insurance Code is amended to read: +11658. +(a) A workers’ compensation insurance policy or endorsement shall not be issued by an insurer to any person in this state unless the insurer files a copy of the form or endorsement with the rating organization pursuant to subdivision (e) of Section 11750.3 and 30 days have expired from the date the form or endorsement is received by the commissioner from the rating organization without notice from the commissioner, unless the commissioner gives written approval of the form or endorsement prior to that time. +(b) (1) An ancillary agreement shall not be issued by an insurer to a California employer unless the insurer files a copy of the ancillary agreement with the rating organization pursuant to subdivision (e) of Section 11750.3 and 30 days have expired from the date the ancillary agreement is received by the commissioner from the rating organization without notice from the commissioner unless the commissioner gives written approval of the ancillary agreement prior to that time. +(2) (A) Subdivision (a) and paragraph (1) of this subdivision do not apply to an ancillary agreement between an insurer and a California employer issued in conjunction with a workers’ compensation policy or endorsement that contains a deductible obligation or retrospectively rated loss limitation equal to or greater than two hundred fifty thousand dollars ($250,000), provided that, for an endorsement containing a deductible obligation, the endorsement complies with the requirements of subdivision (e) of Section 11735, or, for a retrospectively rated policy, is contained in an endorsement filed by a rating organization pursuant to Sections 11750.3 and 11753 and approved by the commissioner, and the California employer meets at least three of the following criteria: +(i) Is represented by a broker for negotiations regarding the ancillary agreement and either has a full-time risk manager involved in the evaluation of an ancillary agreement or is represented by counsel during negotiations regarding an ancillary agreement. +(ii) Has 500 or more employees. +(iii) Has an annual nationwide payroll in excess of twenty million dollars ($20,000,000). +(iv) Has a workers’ compensation manual standard premium on a countrywide basis in excess of one million dollars ($1,000,000). +(B) Paragraph (1) controls, and this paragraph does not apply to, an ancillary agreement between an insurer and a California employer that is either of the following: +(i) Issued pursuant to a coemployment arrangement, as defined in subdivision (g). +(ii) Negotiated, managed, or administered, in whole or in part, by a managing general agent (MGA), as defined in subdivision (c) of Section 769.81. +(3) An ancillary agreement shall not do either of the following: +(A) Amend or revise the coverage provided, any cancellation provision, any dispute resolution agreement, any premium or other costs, or the benefits payable, under a workers’ compensation policy unless it is filed and approved in accordance with this section. +(B) Include charges or costs as allocated loss adjustment expenses that are not defined as allocated loss adjustment expenses in the California Workers’ Compensation Uniform Statistical Reporting Plan - 1995, as identified in Section 2318.6 of Title 10 of the California Code of Regulations and any subsequent revisions, unless the ancillary agreement is filed and approved in accordance with this section. +(4) The terms and conditions of a workers’ compensation policy and any endorsements shall take precedence over the provisions contained in an ancillary agreement if there is an inconsistency or a conflict between the policy or endorsement and the ancillary agreement. +(5) Contemporaneously with any written quote to provide workers’ compensation coverage to a California employer, the insurer shall provide to the insurance agent or broker for the employer a draft of any ancillary agreement that the insurer reasonably expects to require the employer to sign, together with a notice that the terms of the ancillary agreement are negotiable between the insurer and the employer. +(6) An insurer may use and shall subsequently notify the insurance commissioner of an ancillary agreement described in paragraph (2) by providing a copy of the ancillary agreement to the commissioner within 30 days of the insurer issuing the ancillary agreement. The ancillary agreement shall not be subject to filing with the commissioner or rating organization or approval by the commissioner, but it shall be subject to all other authority granted to the commissioner under law. +(7) An ancillary agreement that is described in paragraph (2) shall include language stating that the ancillary agreement has not been filed with the rating organization or filed with, or approved by, the commissioner. +(8) This subdivision applies to ancillary agreements issued or renewed on or after January 1, 2017. +(c) If the commissioner notifies the insurer that a policy form, endorsement, or ancillary agreement does not comply with the requirements of law, specifying the reasons for his or her opinion, it is unlawful for the insurer to issue any policy form, endorsement, or ancillary agreement in that form. +(d) The withdrawal of a policy form, endorsement, or ancillary agreement by the commissioner pursuant to this section shall not affect the status of the policyholder as having secured payment for compensation or affect the substitution of the insurer for the policyholder in workers’ compensation proceedings as set forth in the provisions of Chapter 4 (commencing with Section 3700) of Part 1 of Division 4 of the Labor Code during the period of time in which the policy form, endorsement, or ancillary agreement was in effect. +(e) The terms and provisions of collateral and security agreements shall be negotiated contemporaneously with the inception or renewal of the underlying policy, and any revisions or additions to those terms subsequent to the inception or renewal of the policy shall be mutually agreed upon by the parties. +(f) This section does not apply to limited policies submitted for approval to the commissioner pursuant to Section 11657. +(g) For purposes of this section, the following definitions apply: +(1) (A) “Ancillary agreement” means an agreement that is a supplementary writing or contract relating to a policy or endorsement form that adds to, subtracts from, or is inconsistent with the obligations of either the insured or the insurer under an insurance policy or endorsement. +(B) “Ancillary agreement” does not include any of the following: +(i) Limiting and restricting endorsements. +(ii) Customized limiting and restricting endorsements. +(iii) Collateral and security agreements. +(2) “California employer” means an employer whose principal place of business is in California and whose California payroll constitutes the majority of the employer’s payroll for purposes of determining premium under the policy. +(3) “Coemployment arrangement” means any arrangement, under contract or otherwise, whereby an entity utilizes the services of a third party to provide workers or human resources services for a fee or other compensation, including, but not limited to: +(A) A professional employer organization. +(B) A leasing employer, as defined in Section 606.5 of the Unemployment Insurance Code. +(C) A temporary services employer, as defined in Section 606.5 of the Unemployment Insurance Code. +(D) Any employer, regardless of name or form of organization, that is in the business of providing workers to other employers. +(4) “Collateral and security agreement” means an agreement between a California employer and an insurer under a large deductible program, large risk-rating program, or retrospectively rated program that relates to payments and reimbursements that the insured is contractually obligated to make to the insurer and that includes one or more of the following terms or provisions: +(A) The timing, method, and conditions for making payments to the insurer for amounts imposed by any state or regulatory taxing authority that are made on the insured’s behalf. +(B) The timing, method, and conditions for funding, paying, or reimbursing deductible or retrospectively rated amounts or other policy-related charges due under a policy. +(C) The type and amount of collateral the insured is required to post as security for its obligations. +(D) Payment due dates and transmittal information. +(E) Terms or provisions related to claims administration, including the method for selecting a claims administrator. +(F) Termination and dispute resolution provisions applicable to the collateral and security agreement. +(G) Terms of default under the collateral and security agreement. +(5) “Customized limiting and restricting endorsement” means an endorsement unique to a specific policy used under the following circumstances or for the following purposes: +(A) When the employer’s business is conducted in such a manner that it is impossible or impracticable to determine the nature, scope, and extent of employment covered by the insurer. +(B) To prevent the performance of work in such an extremely hazardous manner or under such hazardous conditions as would reflect a reckless disregard by the employer for the welfare of its employees. +(C) To prevent the issuance of an unrestricted policy if it would encourage an operation that is contrary to law or to the rules of a regulatory agency. +(6) “Limiting and restricting endorsement” means an endorsement that excludes from coverage some portion of workers’ compensation liability for which the employer is required to secure payment pursuant to the Labor Code that, after approval of the endorsement by the Insurance Commissioner, may be endorsed to a workers’ compensation policy. +(h) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SEC. 2. +Section 11658 is added to the Insurance Code, to read: +11658. +(a) A workers’ compensation insurance policy or endorsement shall not be issued by an insurer to any person in this state unless the insurer files a copy of the form or endorsement with the rating organization pursuant to subdivision (e) of Section 11750.3 and 30 days have expired from the date the form or endorsement is received by the commissioner from the rating organization without notice from the commissioner, unless the commissioner gives written approval of the form or endorsement prior to that time. +(b) If the commissioner notifies the insurer that the filed form or endorsement does not comply with the requirements of law, specifying the reasons for his or her opinion, it is unlawful for the insurer to issue any policy or endorsement in that form. +(c) The withdrawal of a policy form or endorsement by the commissioner pursuant to this section shall not affect the status of the policyholder as having secured payment for compensation or affect the substitution of the insurer for the policyholder in workers’ compensation proceedings as set forth in the provisions of Chapter 4 (commencing with Section 3700) of Part 1 of Division 4 of the Labor Code during the period of time in which the policy form or endorsement was in effect. +(d) This section does not apply to limited policies submitted for approval to the commissioner pursuant to Section 11657. +(e) This section shall become operative on January 1, 2022. +SEC. 3. +Section 11658.5 of the Insurance Code is amended to read: +11658.5. +(a) (1) An insurer that intends to use a dispute resolution or arbitration agreement to resolve disputes arising in California out of a workers’ compensation insurance policy, endorsement, ancillary agreement, or collateral and security agreement, as defined in Section 11658, issued to a California employer shall disclose to the employer, contemporaneously with any written quote that offers to provide insurance coverage, that choice of law and choice of venue or forum may be a jurisdiction other than California and that these terms are negotiable between the insurer and the employer. The disclosure shall be signed by the employer as evidence of receipt if the employer accepts the offer of coverage from that insurer. +(2) After compliance with paragraph (1), a dispute resolution or arbitration agreement may be negotiated by the insurer and the employer before any dispute arises. +(b) Nothing in this section is intended to interfere with any authority granted to the Insurance Commissioner under current law. +(c) Failure by the insurer to observe the requirements of subdivision (a) shall result in a default to California as the choice of law and forum for resolution of disputes arising in California. +(d) For purposes of this section, a “California employer” means an employer whose principal place of business is in California and whose California payroll constitutes the majority of the employer’s payroll for purposes of determining premium under the policy. +(e) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SEC. 4. +Section 11658.5 is added to the Insurance Code, to read: +11658.5. +(a) (1) An insurer that intends to use a dispute resolution or arbitration agreement to resolve disputes arising in California out of a workers’ compensation insurance policy or endorsement issued to a California employer shall disclose to the employer, contemporaneously with any written quote that offers to provide insurance coverage, that choice of law and choice of venue or forum may be a jurisdiction other than California and that these terms are negotiable between the insurer and the employer. The disclosure shall be signed by the employer as evidence of receipt if the employer accepts the offer of coverage from that insurer. +(2) After compliance with paragraph (1), a dispute resolution or arbitration agreement may be negotiated by the insurer and the employer before any dispute arises. +(b) Nothing in this section is intended to interfere with any authority granted to the Insurance Commissioner under current law. +(c) Failure by the insurer to observe the requirements of subdivision (a) shall result in a default to California as the choice of law and forum for resolution of disputes arising in California. +(d) For purposes of this section, a “California employer” means an employer whose principal place of business is in California and whose California payroll constitutes the majority of the employer’s payroll for purposes of determining premium under the policy. +(e) This section shall become operative on January 1, 2022.","Existing law prohibits a workers’ compensation insurance policy or endorsement from being issued by an insurer unless the insurer files a copy of the form or endorsement with a rating organization and 30 days have expired from the date the form or endorsement is received by the Insurance Commissioner from the rating organization without notice from the commissioner, unless the commissioner gives written approval of the form or the endorsement prior to that time. +This bill would prohibit an ancillary agreement, as defined, to a workers’ compensation insurance policy from being issued by an insurer to a California employer, as defined, unless the insurer files a copy of the ancillary agreement with a rating organization and 30 days have expired from the date the ancillary agreement is received by the commissioner from the rating organization without notice from the commissioner unless the commissioner gives written approval of the ancillary agreement prior to that time. The prohibition would not apply to an ancillary agreement between an insurer and a California employer issued in conjunction with a workers’ compensation policy or endorsement that contains a deductible obligation or retrospectively rated loss limitation and meets specified criteria. The bill would authorize an insurer to use such an ancillary agreement and would require an insurer to submit a copy of that ancillary agreement to the commissioner within 30 days of issuing the ancillary agreement. The bill would provide that the terms and conditions of a workers’ compensation policy and any endorsements take precedence over the provisions contained in an ancillary agreement in the case of an inconsistency or conflict between the policy or endorsement and the ancillary agreement. The bill would make additional changes relating to collateral and security agreements, as defined. The changes made by the bill would apply to ancillary agreements issued or renewed on or after January 1, 2017. The bill would also make conforming changes. +The changes made by the bill would apply only until January 1, 2022.","An act to amend, repeal, and add Sections 11658 and 11658.5 of the Insurance Code, relating to workers’ compensation insurance." +966,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1777.5 of the Labor Code is amended to read: +1777.5. +(a) This chapter does not prevent the employment of properly registered apprentices upon public works. +(b) (1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered. +(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test. +(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following: +(1) The apprenticeship standards and apprentice agreements under which he or she is training. +(2) The rules and regulations of the California Apprenticeship Council. +(d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program’s standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o). +(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. +(f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. +(g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. +(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. +(i) A contractor covered by this section who has agreed to be covered by an apprenticeship program’s standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g). +(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. +(k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met: +(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. +(2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. +(3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. +(4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. +(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. +(m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. +(2) At the conclusion of the 2002–03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows: +(A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made. +(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. +(C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship standards and requirements under this code. +(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. +(n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. +(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). +(p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Under existing law, an apprentice employed upon public works is required to be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and to be employed only at the work of the craft or trade to which he or she is registered, as specified. +This bill would require, when a contractor requests the dispatch of an apprentice to perform work on a public works project and requires compliance with certain preemployment activities as a condition of employment, as specified, that the apprentice be paid the prevailing rate for the time spent on any required preemployment activity, including travel time to and from the activity, if any, except as specified. +Because this bill would expand the application of the prevailing wage requirements, the violation of which is a crime, it would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1777.5 of the Labor Code, relating to public works." +967,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17052 of the Revenue and Taxation Code is amended to read: +17052. +(a) (1) For each taxable year beginning on or after January 1, 2015, there shall be allowed against the “net tax,” as defined by Section 17039, an earned income tax credit in an amount equal to an amount determined in accordance with Section 32 of the Internal Revenue Code, relating to earned income, as applicable for federal income tax purposes for the taxable year, except as otherwise provided in this section. +(2) (A) The amount of the credit determined under Section 32 of the Internal Revenue Code, relating to earned income, as modified by this section, shall be multiplied by the earned income tax credit adjustment factor for the taxable year. +(B) Unless otherwise specified in the annual Budget Act, the earned income tax credit adjustment factor for a taxable year beginning on or after January 1, 2015, shall be 0 percent. +(C) The earned income tax credit authorized by this section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the credit. +(b) (1) In lieu of the table prescribed in Section 32(b)(1) of the Internal Revenue Code, relating to percentages, the credit percentage and the phaseout percentage shall be determined as follows: +In the case of an eligible individual with: +The credit percentage is: +The phaseout percentage is: +No qualifying children +7.65% +7.65% +1 qualifying child +34% +34% +2 or more qualifying children +40% +40% +(2) (A) In lieu of the table prescribed in Section 32(b)(2)(A) of the Internal Revenue Code, the earned income amount and the phaseout amount shall be determined as follows: +In the case of an eligible individual with: +The earned income amount is: +The phaseout amount is: +No qualifying children +$3,290 +$3,290 +1 qualifying child +$4,940 +$4,940 +2 or more qualifying children +$6,935 +$6,935 +(B) Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply. +(3) Section 32(b)(3)(A) of the Internal Revenue Code, relating to increased percentage for three or more qualifying children, is modified by substituting “the credit percentage and phaseout percentage is 45 percent” for “the credit percentage is 45 percent.” +(c) (1) Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting “this state” for “the United States.” +(2) Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows: +(A) Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting “plus” and inserting in lieu thereof the following: “and only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.” +(B) Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall not apply. +(3) Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting “this state” for “the United States.” +(d) Section 32(i)(1) of the Internal Revenue Code is modified by substituting “$3,400” for “$2,200.” +(e) In lieu of Section 32(j) of the Internal Revenue Code, relating to inflation adjustments, for taxable years beginning on or after January 1, 2016, the amounts specified in paragraph (2) of subdivision (b) and in subdivision (d) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041. +(f) If the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. +(g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. +(h) Notwithstanding any other law, amounts refunded pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits. +(i) (1) For the purpose of implementing the credit allowed by this section for the 2015 taxable year, the Franchise Tax Board shall be exempt from the following: +(A) Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2. +(B) Special Project Report requirements under Statewide Information Management Manual Section 30. +(C) Section 11.00 of the 2015 Budget Act. +(D) Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code. +(2) The Franchise Tax Board shall formally incorporate the scope, costs, and schedule changes associated with the implementation of the credit allowed by this section in its next anticipated Special Project Report for its Enterprise Data to Revenue Project. +(j) (1) In accordance with Section 41 of the Revenue and Taxation Code, the purpose of the California Earned Income Tax Credit is to reduce poverty among California’s poorest working families and individuals. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following: +(A) The number of tax returns claiming the +credit, including the number of false or fraudulent claims. +credit. +(B) The number of individuals represented on tax returns claiming the credit. +(C) The average credit amount on tax returns claiming the credit. +(D) The distribution of credits by number of dependents and income ranges. The income ranges shall encompass the phase-in and phaseout ranges of the credit. +(E) Using data from tax returns claiming the credit, including an estimate of the federal tax credit determined under Section 32 of the Internal Revenue Code, an estimate of the number of families who are lifted out of deep poverty by the credit and an estimate of the number of families who are lifted out of deep poverty by the combination of the credit and the federal tax credit. For the purposes of this subdivision, a family is in “deep poverty” if the income of the family is less than 50 percent of the federal poverty threshold. +(F) The number of returns claiming the credit that are reduced in part before any refund is issued. +(G) The number of returns claiming the credit that are denied in full before any refund is issued. +(2) The Franchise Tax Board shall provide the written report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly +Committees +Committee +on Revenue and Taxation, and the Senate and Assembly Committees on Human Services. +(k) The tax credit allowed by this section shall be known as the California Earned Income Tax Credit.","The Personal Income Tax Law allows various credits against the taxes imposed by that law, including, in modified conformity with federal income tax laws, an earned income credit against personal income tax, as provided. Existing law requires the Franchise Tax Board to annually prepare a written report regarding the credit and to provide that report to specified legislative committees. +This bill would require the Franchise Tax Board to include in that annual report the number of +false or fraudulent claims for the credit. +returns claiming the credit that are reduced in part before a refund is issued and the number of returns claiming the credit that are denied in full before a refund is issued.","An act to amend Section 17052 of the Revenue and Taxation Code, relating to taxation." +968,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1797.184 of the Health and Safety Code is amended to read: +1797.184. +The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt all of the following: +(a) Guidelines for disciplinary orders, temporary suspensions, and conditions of probation for EMT-I and EMT-II certificate holders and EMT-P licenseholders that protect the public health and safety. +(b) Regulations for the issuance of EMT-I and EMT-II certificates by a certifying entity that protect the public health and safety. +(c) Regulations for the recertification of EMT-I and EMT-II certificate holders that protect the public health and safety. +(d) Regulations for disciplinary processes for EMT-I and EMT-II applicants and certificate holders that protect the public health and safety. These disciplinary processes shall be in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. +SEC. 2. +Section 1798.200 of the Health and Safety Code is amended to read: +1798.200. +(a) (1) (A) Except as provided in paragraph (2), an employer of an EMT-I, EMT-II, or EMT-P may conduct investigations, as necessary, and take disciplinary action against an EMT-I, EMT-II, or EMT-P who is employed by that employer for conduct in violation of subdivision (c). The employer shall notify the regulating entity within three days when an allegation has been validated as a potential violation of subdivision (c). +(B) Each employer of an EMT-I, EMT-II, or EMT-P shall notify the regulating entity within three days after the EMT-I, EMT-II, or EMT-P is terminated or suspended for a disciplinary cause, the EMT-I, EMT-II, or EMT-P resigns following notification of an impending investigation based upon evidence that would indicate the existence of a disciplinary cause, or the EMT-I, EMT-II, or EMT-P is removed from EMT-related duties for a disciplinary cause after the completion of the employer’s investigation. The employer of an EMT-P shall provide the regulating entity with all supporting documentation at the time of notification. +(C) At the conclusion of an investigation, the employer may develop and implement, in accordance with the guidelines for disciplinary orders, temporary suspensions, and conditions of probation adopted pursuant to Section 1797.184, a disciplinary plan for the EMT-I, EMT-II, or EMT-P. Upon adoption of the disciplinary plan, the employer shall submit that plan to the regulating entity within three working days. The employer’s disciplinary plan may include a recommendation that the director consider taking action against the holder’s certificate or license pursuant to paragraph (3). +(2) If an EMT-I, EMT-II, or EMT-P is not employed by an ambulance service licensed by the Department of the California Highway Patrol or a public safety agency, or if that ambulance service or public safety agency chooses not to conduct an investigation pursuant to paragraph (1) for conduct in violation of subdivision (c), the director shall conduct the investigations, and, upon a determination of disciplinary cause, take disciplinary action as necessary against the EMT-I, EMT-II, or EMT-P. At the conclusion of these investigations, the director shall develop and implement, in accordance with the recommended guidelines for disciplinary orders, temporary orders, and conditions of probation adopted pursuant to Section 1797.184, a disciplinary plan for the EMT-I, EMT-II, or EMT-P. The director’s disciplinary plan may include action against the holder’s certificate or license pursuant to paragraph (3). +(3) The director may, upon a determination of disciplinary cause and in accordance with regulations for disciplinary processes adopted pursuant to Section 1797.184, deny, suspend, or revoke any EMT-I or EMT-II certificate or EMT-P license issued under this division, or may place an EMT-I or EMT-II certificate holder or EMT-P licenseholder on probation, upon the finding by the director of the occurrence of any of the actions listed in subdivision (c) and the occurrence of one of the following: +(A) The employer, after conducting an investigation, failed to impose discipline for the conduct under investigation, or the director makes a determination that the discipline imposed was not according to the guidelines for disciplinary orders and conditions of probation and the conduct of the EMT-I or EMT-II certificate holder or EMT-P licenseholder constitutes grounds for disciplinary action against the holder’s certificate or license. +(B) Either the employer further determines, after an investigation conducted under paragraph (1), or the director determines after an investigation conducted under paragraph (2), that the conduct requires disciplinary action against the holder’s certificate or license. +(4) The director, after consultation with the employer, may temporarily suspend, prior to a hearing, an EMT-I or EMT-II certificate, an EMT-P license, or a combination thereof upon a determination that both of the following conditions have been met: +(A) The certificate holder or licenseholder has engaged in acts or omissions that constitute grounds for revocation of the EMT-I or EMT-II certificate or EMT-P license. +(B) Permitting the certificate holder or licenseholder to continue to engage in the regulated activity without restriction would pose an imminent threat to the public health or safety. +(5) If the director temporarily suspends a certificate or license, the regulating entity shall notify the certificate holder or licenseholder that his or her certificate or license is suspended and shall identify the reasons therefor. Within three working days of the initiation of the suspension by the regulating entity, the regulating entity and employer shall jointly investigate the allegation in order for the regulating entity to make a determination of the continuation of the temporary suspension. All investigatory information not otherwise protected by law held by the regulating entity and employer shall be shared between the parties via facsimile transmission or overnight mail relative to the decision to temporarily suspend. The regulating entity shall decide, within 15 calendar days, whether to serve the certificate holder or licenseholder with an accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. If the certificate holder or licenseholder files a notice of defense, the hearing shall be held within 30 days of the regulating entity’s receipt of the notice of defense. The temporary suspension order shall be deemed vacated if the regulating entity fails to make a final determination on the merits within 15 days after the administrative law judge renders the proposed decision. +(6) The director shall refer, for investigation and discipline, any complaint received on an EMT-I, EMT-II, or EMT-P to the relevant employer within three days of receipt of the complaint, pursuant to subparagraph (A) of paragraph (1) of subdivision (a). +(b) For purposes of this section, the following definitions shall apply: +(1) “Director” means either of the following: +(A) For purposes of EMT-I or EMT-II certificate holders, the medical director of the local EMS agency that has +jurisdiction in the county in which the alleged violation occurred. +jurisdiction. +(B) For purposes of EMT-P licenseholders, the Director of the Emergency Medical Services Authority. +(2) “Regulating entity” means either of the following: +(A) For purposes of EMT-I and EMT-II certificate holders, the local EMS agency that has +jurisdiction in the county in which the alleged violation occurred. +jurisdiction. +(B) For purposes of EMT-P licenseholders, the EMS Authority. When requiring a report or notification regarding an EMT-P, “regulating entity” refers to both the local EMS agency that has +jurisdiction in the county in which the alleged violation occurred +jurisdiction +and the EMS Authority. +(c) Any of the following actions shall be considered evidence of a threat to the public health and safety and may result in the denial, suspension, or revocation of a certificate or license issued under this division, or in the placement on probation of a certificate holder or licenseholder under this division: +(1) Fraud in the procurement of any certificate or license under this division. +(2) Gross negligence. +(3) Repeated negligent acts. +(4) Incompetence. +(5) The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, and duties of prehospital personnel. +(6) Conviction of any crime that is substantially related to the qualifications, functions, and duties of prehospital personnel. The record of conviction or a certified copy of the record shall be conclusive evidence of the conviction. +(7) Violating or attempting to violate directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this division or the regulations adopted by the authority pertaining to prehospital personnel. +(8) Violating or attempting to violate any federal or state statute or regulation that regulates narcotics, dangerous drugs, or controlled substances. +(9) Addiction to, the excessive use of, or the misuse of, alcoholic beverages, narcotics, dangerous drugs, or controlled substances. +(10) Functioning outside the supervision of medical control in the field care system operating at the local level, except as authorized by any other license or certification. +(11) Demonstration of irrational behavior or occurrence of a physical disability to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform the duties normally expected may be impaired. +(12) Unprofessional conduct exhibited by any of the following: +(A) The mistreatment or physical abuse of any patient resulting from force in excess of what a reasonable and prudent person trained and acting in a similar capacity while engaged in the performance of his or her duties would use if confronted with a similar circumstance. Nothing in this section shall be deemed to prohibit an EMT-I, EMT-II, or EMT-P from assisting a peace officer, or a peace officer who is acting in the dual capacity of peace officer and EMT-I, EMT-II, or EMT-P, from using that force that is reasonably necessary to effect a lawful arrest or detention. +(B) The failure to maintain confidentiality of patient medical information, except as disclosure is otherwise permitted or required by law in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. +(C) The commission of any sexually related offense specified under Section 290 of the Penal Code. +(d) The information shared among EMT-I, EMT-II, and EMT-P employers, medical directors of local EMS agencies, the authority, and EMT-I and EMT-II certifying entities shall be deemed to be an investigative communication that is exempt from public disclosure as a public record pursuant to subdivision (f) of Section 6254 of the Government Code. A formal disciplinary action against an EMT-I, EMT-II, or EMT-P shall be considered a public record available to the public, unless otherwise protected from disclosure pursuant to state or federal law. +(e) For purposes of this section, “disciplinary cause” means only an action that is substantially related to the qualifications, functions, and duties of an EMT-I, EMT-II, or EMT-P and is evidence of a threat to the public health and safety described in subdivision (c). +(f) The reporting requirements of subdivision (a) do not require or authorize the release of information or records of an EMT-P who is also a peace officer protected by Section 832.7 of the Penal Code. +(g) Proceedings against any EMT-P licenseholder shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. +(h) (1) Pursuant to subdivision (i) of Section 1798.24 of the Civil Code, upon notification to the EMT-P, the EMS Authority may share the results of its investigation pursuant to subdivision (a) with the employer, a prospective employer when requested, in writing, as part of a preemployment background check, or the local EMS agency. +(2) An EMT-P licensee or applicant to whom the information pertains, as set forth in subdivision (a) of Section 1798.24 of the Civil Code, may view the contents of a closed investigation file upon request during the EMS Authority’s regular business hours. +SEC. 3. +Section 1798.201 of the Health and Safety Code is amended to read: +1798.201. +(a) When information comes to the attention of the medical director of the local EMS agency that an EMT-P licenseholder has committed any act or omission that appears to constitute grounds for disciplinary action under this division, the medical director of the local EMS agency may evaluate the information to determine if there is reason to believe that disciplinary action may be necessary. +(b) If the medical director sends a recommendation to the authority for further investigation or discipline of the licenseholder, the medical director shall also notify, within three days, the EMT-P’s employer. The recommendation to the authority and the notification sent to the employer shall include all documentary evidence collected by the medical director in evaluating whether or not to make that recommendation. The recommendation and accompanying evidence shall be deemed in the nature of an investigative communication and be protected by Section 6254 of the Government Code. In deciding what level of disciplinary action is appropriate in the case, the authority shall consult with the medical director of the local EMS agency. +SEC. 4. +Section 1798.202 of the Health and Safety Code is amended to read: +1798.202. +(a) The director of the authority or the medical director of the local EMS agency, after consultation with the relevant employer, may temporarily suspend, prior to hearing, an EMT-P license upon a determination that: (1) the licensee has engaged in acts or omissions that constitute grounds for revocation of the EMT-P license; and (2) permitting the licensee to continue to engage in the licensed activity, or permitting the licensee to continue in the licensed activity without restriction, would present an imminent threat to the public health or safety. When the suspension is initiated by the local EMS agency, subdivision (b) shall apply. When the suspension is initiated by the director of the authority, subdivision (c) shall apply. +(b) The local EMS agency shall notify the licensee that his or her EMT-P license is suspended and shall identify the reasons therefor. Within three working days of the initiation of the suspension by the local EMS agency, the agency shall transmit to the authority and the EMT-P’s employer, via facsimile transmission or overnight mail, all documentary evidence collected by the local EMS agency relative to the decision to temporarily suspend. Within two working days of receipt of the local EMS agency’s documentary evidence, the director of the authority shall determine the need for the licensure action. Part of that determination shall include an evaluation of the need for continuance of the suspension during the licensure action review process. If the director of the authority determines that the temporary suspension order should not continue, the authority shall immediately notify the licensee and his or her employer that the temporary suspension is lifted. If the director of the authority determines that the temporary suspension order should continue, the authority shall immediately notify the licensee and his or her employer of the decision to continue the temporary suspension and shall, within 15 calendar days of receipt of the EMS agency’s documentary evidence, serve the licensee with a temporary suspension order and accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. +(c) The director of the authority shall initiate a temporary suspension with the filing of a temporary suspension order and accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and shall notify the director of the local EMS agency, and the relevant employer. +(d) If the licensee files a notice of defense, the hearing shall be held within 30 days of the authority’s receipt of the notice of defense. The temporary suspension order shall be deemed vacated if the authority fails to make a final determination on the merits within 15 days after the administrative law judge renders the proposed decision. +SEC. 5. +Section 1799.112 of the Health and Safety Code is repealed.","Under existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, the Emergency Medical Services Authority is responsible for establishing training, scope of practice, and continuing education for emergency medical technicians and other prehospital personnel, including Emergency Medical Technician-I (EMT-I), Emergency Medical Technician-II (EMT-II), and Emergency Medical Technician Paramedic (EMT-P) designations. The act authorizes an employer of an EMT-I or EMT-II to conduct investigations and take disciplinary action against an EMT-I or EMT-II who is employed by that employer for specified conduct, and authorizes the authority to, among other things, deny, suspend, or revoke any EMT-P license for the same specified conduct. Existing law requires an EMT-P’s employer to report in writing to the local EMS agency and the authority within 30 days of specified disciplinary action being taken with regard to an EMT-P. +This bill would require the authority to develop and adopt guidelines for disciplinary orders, temporary suspensions, and conditions of probation for EMT-P licenseholders. The bill would also integrate and conform the procedures for investigating misconduct of EMT-P licenseholders with those of EMT-I and EMT-II certificate holders, including requiring notification of disciplinary action with regard to an EMT-P to be given to the local EMS agency and the authority within 3 days. +Existing law authorizes the medical director of the local EMS agency to evaluate information that comes to his or her attention that appears to constitute grounds for disciplinary action against an EMT-P and to make a recommendation to the authority for further investigation or discipline. Existing law also authorizes the temporary suspension, in specified circumstances, of an EMT-P license. +This bill would require the medical director of the local EMS agency, if he or she makes a recommendation to the authority for further investigation or discipline, to notify the EMT-P’s employer within 3 days. The bill would additionally require notification of the EMT-P’s employer when there is a temporary suspension of an EMT-P’s license.","An act to amend Sections 1797.184, 1798.200, 1798.201, and 1798.202 of, and to repeal Section 1799.112 of, the Health and Safety Code, relating to public health." +969,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares that the development of affordable housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 65915.7 of the Government Code, as proposed to be added by this act, shall apply to all cities, including charter cities. +SEC. 2. +Section 65915.7 is added to the Government Code, to read: +65915.7. +(a) When an applicant for approval of a commercial development has entered into an agreement for partnered housing described in subdivision (c) to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city, county, or city and county shall grant to the commercial developer a development bonus as prescribed in subdivision (b).Housing shall be constructed on the site of the commercial development or on a site that is all of the following: +(1) Within the boundaries of the local government. +(2) In close proximity to public amenities including schools and employment centers. +(3) Located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code. +(b) The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the jurisdiction, that may include, but are not limited to, any of the following: +(1) Up to a 20-percent increase in maximum allowable intensity in the General Plan. +(2) Up to a 20-percent increase in maximum allowable floor area ratio. +(3) Up to a 20-percent increase in maximum height requirements. +(4) Up to a 20-percent reduction in minimum parking requirements. +(5) Use of a limited-use/limited-application elevator for upper floor accessibility. +(6) An exception to a zoning ordinance or other land use regulation. +(c) For the purposes of this section, the agreement for partnered housing shall be between the commercial developer and the housing developer, shall identify how the commercial developer will contribute affordable housing, and shall be approved by the city, county, or city and county. +(d) For the purposes of this section, affordable housing may be contributed by the commercial developer in one of the following manners: +(1) The commercial developer may directly build the units. +(2) The commercial developer may donate a portion of the site or property elsewhere to the affordable housing developer for use as a site for affordable housing. +(3) The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project. +(e) For the purposes of this section, subparagraph (A) of paragraph (3) of subdivision (c) of Section 65915 shall apply. +(f) Nothing in this section shall preclude any additional allowances or incentives offered to developers by local governments pursuant to law or regulation. +(g) If the developer of the affordable units does not commence with construction of those units in accordance with timelines ascribed by the agreement described in subdivision (c), the local government may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units. +(h) In order to qualify for a development bonus under this section, a commercial developer shall partner with a housing developer that provides at least 30 percent of the total units for low-income households or at least 15 percent of the total units for very low-income households. +(i) Nothing in this section shall preclude an affordable housing developer from seeking a density bonus, concessions or incentives, waivers or reductions of development standards, or parking ratios under Section 65915. +(j) A development bonus pursuant to this section shall not include a reduction or waiver of the requirements within an ordinance that requires the payment of a fee by a commercial developer for the promotion or provision of affordable housing. +(k) A city or county shall submit to the Department of Housing and Community Development, as part of the annual report required by Section 65400, information describing a commercial development bonus approved pursuant to this section, including the terms of the agreements between the commercial developer and the affordable housing developer, and the developers and the local jurisdiction, and the number of affordable units constructed as part of the agreements. +(l) For purposes of this section, “partner” shall mean formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial development applicant and the affordable housing developer are each partners, members, shareholders or other participants, or a contract or agreement between a commercial development applicant and affordable housing developer for the development of both the commercial and the affordable housing properties. +(m) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","The Planning and Zoning Law requires, when an applicant proposes a housing development within the jurisdiction of the local government, that the city, county, or city and county provide the developer with a density bonus and other incentives or concessions for the production of lower income housing units or for the donation of land within the development if the developer, among other things, agrees to construct a specified percentage of units for very low, low-, or moderate-income households or qualifying residents. +This bill, when an applicant for approval of a commercial development has entered into an agreement for partnered housing with an affordable housing developer to contribute affordable housing through a joint project or 2 separate projects encompassing affordable housing, would, until January 1, 2022, require a city, county, or city and county to grant to the commercial developer a development bonus, as specified. The bill would define the development bonus to mean incentives mutually agreed upon by the developer and the jurisdiction that may include but are not limited to, specified changes in land use requirements. This bill would also require a city or county to submit to the Department of Housing and Community Development information describing an approved commercial development bonus. By increasing the duties of local officials relating to the administration of development bonuses, this bill would create a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add and repeal Section 65915.7 of the Government Code, relating to housing." +970,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 832.19 is added to the Penal Code, to read: +832.19. +(a) (1) If a law enforcement agency, department, or entity that employs peace officers uses body-worn cameras for those officers, the agency, department, or entity shall develop a policy relating to the use of body-worn cameras. +(2) The following definitions shall apply to this section: +(A) “Body-worn camera” means a device attached to the uniform or body of a peace officer that records video, audio, or both, in a digital or analog format. +(B) “Peace officer” means any person designated as a peace officer pursuant to this chapter. +(C) “Serious use of force” means any of the following: +(i) Force resulting in death. +(ii) Force resulting in a loss of consciousness. +(iii) Force resulting in protracted loss, impairment, serious disfigurement, or function of any body part or organ. +(iv) A weapon strike to the head. +(v) Intentional firearm discharge at a person, regardless of injury. +(b) (1) The policy shall allow a peace officer to review his or her body-worn camera video and audio recordings before he or she makes a report, is ordered to give an internal affairs statement, or before any criminal or civil proceeding. +(2) A peace officer is not required to review his or her body-worn camera video and audio recordings before making a report, giving an internal affairs statement, or before any criminal or civil proceeding. +(3) A peace officer involved in an incident involving a serious use of force shall not review his or her body-worn camera recording until accompanied by an assigned independent investigator or a supervisor. The separating and monitoring of the peace officer involved in a serious use of force shall be maintained during the review of the body-worn camera video and audio recordings and this review shall not occur jointly among involved employees. Once the recordings are approved, as to the validity of the body-worn camera recordings and any other relevant recordings are also approved as their validity, an officer may have a legal representative present during the review of the recordings without the independently assigned investigator or supervisor present, before the peace officer makes a report, is ordered to give an internal affairs statement, or before any criminal or civil proceeding. +(4) The policy shall be available to all peace officers in a written form. +(5) The policy shall be available to the public for viewing. +(6) The policy shall prohibit a peace officer from making a video or audio recording in a health facility or medical office when a patient may be in view of the body-worn camera or when a health care practitioner is providing care to an individual. +(c) The policy shall be developed in accordance with the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code) and the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1 of the Government Code). +(d) In developing the policy, law enforcement agencies, departments, or entities are encouraged to include the following in the policy: +(1) The time, place, circumstances, and duration in which the body-worn camera shall be operational. +(2) Which peace officers shall wear the body-worn camera and when they shall wear it. +(3) Prohibitions against the use of body-worn camera equipment and footage in specified circumstances, such as when the peace officer is off-duty. +(4) The type of training and length of training required for body-worn camera usage. +(5) Public notification of field use of body-worn cameras, including the circumstances in which citizens are to be notified that they are being recorded. +(6) The manner in which to document a citizen’s refusal from being recorded under certain circumstances. +(7) The use of body-worn camera video and audio recordings in internal affairs cases. +(8) The use of body-worn camera video and audio recordings in criminal and civil case preparation and testimony. +(9) The transfer and use of body-worn camera video and audio recordings to other law enforcement agencies, including establishing what constitutes a need-to-know basis and what constitutes a right-to-know basis. +(e) A peace officer shall not use a personal device to make an unauthorized recording of the video or audio taken from a body-worn camera. +(f) This section shall not apply to a law enforcement agency, department, or entity that has developed a body-worn camera policy in accordance with the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code) or the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1 of the Government Code) before January 1, 2017. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires law enforcement agencies, departments, or entities to consider specified best practices regarding the downloading and storage of body-worn camera data when establishing policies and procedures for the implementation and operation of a body-worn camera system, such as designating the person responsible for downloading the recorded data from the body-worn camera, and establishing when data should be downloaded to ensure the data is entered into the system in a timely manner and the cameras are properly maintained and ready for the next use. +This bill would require a law enforcement agency, department, or entity, if it employs peace officers and uses body-worn cameras for those officers, to develop a body-worn camera policy. The bill would require the policy to allow a peace officer to review his or her body-worn camera video and audio recordings before making a report, giving an internal affairs statement, or before any criminal or civil proceeding. +The bill would also require the policy to prohibit +a peace officer from making a video or audio recording in a health facility or medical office when a patient may be in view of the body-worn camera or when a health care practitioner is providing care to an individual. +The bill would encourage the law enforcement agency, department, or entity to include specified considerations in the policy, including the time, place, circumstances, and duration in which the body-worn camera is operational. The bill would require the policy to be available to peace officers and to the public for viewing. The bill would prohibit a peace officer from using a personal device to make an unauthorized recording of the video or audio taken from a body-worn camera. The bill would also require a law enforcement agency to have an assigned independent investigator or a supervisor accompany a peace officer involved in an incident involving a serious use of force, as defined, when reviewing the peace officer’s body-worn camera recording. +The bill would provide that its provisions do not apply to a law enforcement agency, department, or entity that has developed a body-worn camera policy, as specified, before January 1, 2017. +Because this bill would impose new duties on the conduct of local law enforcement, it would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 832.19 to the Penal Code, relating to peace officers." +971,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14998.2 of the Government Code is amended to read: +14998.2. +(a) There is in the Governor’s Office of Business and Economic Development, the California Film Commission consisting of 26 members. The Governor shall appoint 13 members, the Senate Committee on Rules shall appoint four members, the Speaker of the Assembly shall appoint four members, and five members shall be ex officio. The members of the commission appointed by the Governor may include representatives of state and local government, motion picture development companies, employee and professional organizations composed of persons employed in the motion picture industry, and other appropriate members of this or related industries. +All members of the commission, except legislators who are appointed either by the Senate Committee on Rules or by the Speaker of the Assembly, shall serve at the pleasure of the appointing authority for a term of two years from the effective date of the appointment. +(b) (1) One of the members appointed by the Senate Committee on Rules shall, and another one may, be a Senator and one of the members appointed by the Speaker of the Assembly shall, and another one may, be a Member of the Assembly. These persons shall be appointed for terms of four years. +(2) Of the legislators appointed to the commission, no more than three legislators from the same political party may be appointed to or serve on the commission at the same time. +(c) Any legislator appointed shall serve as a voting member of the commission, and shall meet with, and participate in the activities of, the commission to the extent that participation is not incompatible with his or her position as a Member of the Legislature, but shall only serve in that capacity while concurrently serving as a Member of the Legislature. Whenever a legislator vacates an office, the appointing power shall appoint another person for a new full term. +(d) Eight of the 13 members appointed by the Governor shall be as follows: +(1) One shall be a member or employee of a union or guild of motion picture artists. +(2) One shall be a member or employee of a union or guild representing motion picture craftsmen, technicians, or photographers. +(3) Two shall be from major motion picture studios. +(4) One shall be a member of the city council or a member of the county board of supervisors of a city or a county with a population of at least two million people. +(5) One shall be a member of the city council or a member of the county board of supervisors of a city or a county with a population of less than two million people. +(6) (A) One shall be an independent filmmaker. +(B) For purposes of this section, “independent filmmaker” means a producer of a film that meets all of the following criteria: +(i) Has a running time of at least 75 minutes. +(ii) Is intended for commercial distribution to a motion picture theater, directly to the home video market, directly to television, or through the Internet. +(iii) Is produced by a company that is not publicly traded and publicly traded companies do not own, directly or indirectly, more than 25 percent of the producing company. +(7) (A) One shall be a member who is an independent commercial producer, or employee of a trade association representing independent commercial producers. +(B) For purposes of this section, “independent commercial producer” means a producer who owns or is employed by a company that is principally engaged in the physical or digital production of advertising content for advertisers, has control over the selection of production location, deployment, or management of the production equipment, and directly employs the production crew as the person that has control over the hiring and firing of the crew for a commercial production. The company shall not be wholly or partly owned or operated by an advertising agency or an advertiser or be publicly traded. The company shall also not produce any production to which the recordkeeping requirements of Section 2257 of Title 18 of the United States Code apply. +(e) The Director of Transportation shall serve as an ex officio nonvoting member. +(f) The Director of Parks and Recreation shall serve as an ex officio nonvoting member. +(g) The Commissioner of the California Highway Patrol shall serve as an ex officio nonvoting member. +(h) The State Fire Marshal shall serve as an ex officio nonvoting member. +(i) The director of the commission shall serve as an ex officio nonvoting member. +SEC. 2. +Section 14998.4 of the Government Code is amended to read: +14998.4. +(a) The commission shall meet at least quarterly and shall select a chairperson and a vice chairperson from among its members. The vice chairperson shall act as chairperson in the chairperson’s absence. +(b) Each commission member shall serve without compensation but shall be reimbursed for traveling outside the county in which he or she resides to attend meetings. +(c) The commission shall work to encourage motion picture and television filming in California and to that end, shall exercise all of the powers provided in this chapter. +(d) The commission shall make recommendations to the Legislature, the Governor, the Governor’s Office of Business and Economic Development, and other state agencies on legislative or administrative actions that may be necessary or helpful to maintain and improve the position of the state’s motion picture industry in the national and world markets. +(e) In addition, subject to the provision of funding appropriated for these purposes, the commission shall do all of the following: +(1) Adopt guidelines for a standardized permit to be used by state agencies and the director. +(2) Approve or modify the marketing and promotion plan developed by the director pursuant to subdivision (d) of Section 14998.9 to promote filmmaking in the state. +(3) Conduct workshops and trade shows. +(4) Provide expertise in promotional activities. +(5) Create a navigational link on its Internet Web site labeled “Independent Films.” The navigational link shall contain information explaining the qualified motion picture tax credits available to independent films pursuant to Sections 17053.95 and 23695 of the Revenue and Taxation Code. The navigational link shall also contain information relating to the application process and shall highlight that the commission is required to allocate 5 percent of the aggregate amount of credits to independent films. +(6) Hold hearings. +(7) Adopt its own operational rules and procedures. +(8) Counsel the Legislature and the Governor on issues relating to the motion picture industry.","Existing law, the Motion Picture, Television, and Commercial Industries Act of 1984, establishes the California Film Commission within the Governor’s Office of Business and Economic Development. Under existing law, the Governor appoints 13 of the 26 members of the commission, with 6 of those appointments based upon specified occupational criteria. Existing law requires the commission to, among other duties, adopt guidelines for a standardized film permit and to administer the qualified motion picture tax credits. +This bill would require one of the Governor’s appointees to be an independent filmmaker and would also require one of the Governor’s appointees to be a member who is an independent commercial producer, or an employee of a trade association representing independent commercial producers. The bill would also require the commission to create on its Internet Web site a navigational link labeled “Independent Films” that contains information explaining the qualified motion picture tax credits available to independent films and highlights the required allocation of 5% of the aggregate amount of the credits to independent films.","An act to amend Sections 14998.2 and 14998.4 of the Government Code, relating to the California Film Commission." +972,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 52.6 of the Civil Code is amended to read: +52.6. +(a) Each of the following businesses and other establishments shall, upon the availability of the model notice described in subdivision (d), post a notice that complies with the requirements of this section in a conspicuous place near the public entrance of the establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted: +(1) On-sale general public premises licensees under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code). +(2) Adult or sexually oriented businesses, as defined in subdivision (a) of Section 318.5 of the Penal Code. +(3) Primary airports, as defined in Section 47102(16) of Title 49 of the United States Code. +(4) Intercity passenger rail or light rail stations. +(5) Bus stations. +(6) Truck stops. For purposes of this section, “truck stop” means a privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and lawful overnight truck parking. +(7) Emergency rooms within general acute care hospitals. +(8) Urgent care centers. +(9) Farm labor contractors, as defined in subdivision (b) of Section 1682 of the Labor Code. +(10) Privately operated job recruitment centers. +(11) Roadside rest areas. +(12) Businesses or establishments that offer massage or bodywork services for compensation and are not described in paragraph (1) of subdivision (b) of Section 4612 of the Business and Professions Code. +(b) The notice to be posted pursuant to subdivision (a) shall be at least eight and one-half inches by 11 inches in size, written in a 16-point font, and shall state the following: +“If you or someone you know is being forced to engage in any activity and cannot leave—whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity—call the National Human Trafficking Resource Center at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services. + +Victims of slavery and human trafficking are protected under United States and California law. + +The hotlines are: +· +Available 24 hours a day, 7 days a week. +· +Toll-free. +· +Operated by nonprofit, nongovernmental organizations. +· +Anonymous and confidential. +· +Accessible in more than 160 languages. +· +Able to provide help, referral to services, training, and general information.” +(c) The notice to be posted pursuant to subdivision (a) shall be printed in English, Spanish, and in one other language that is the most widely spoken language in the county where the establishment is located and for which translation is mandated by the federal Voting Rights Act (42 U.S.C. Sec. 1973 et seq.), as applicable. This section does not require a business or other establishment in a county where a language other than English or Spanish is the most widely spoken language to print the notice in more than one language in addition to English and Spanish. +(d) On or before April 1, 2013, the Department of Justice shall develop a model notice that complies with the requirements of this section and make the model notice available for download on the department’s Internet Web site. +(e) A business or establishment that fails to comply with the requirements of this section is liable for a civil penalty of five hundred dollars ($500) for a first offense and one thousand dollars ($1,000) for each subsequent offense. A government entity identified in Section 17204 of the Business and Professions Code may bring an action to impose a civil penalty pursuant to this subdivision against a business or establishment if a local or state agency with authority to regulate that business or establishment has satisfied both of the following: +(1) Provided the business or establishment with reasonable notice of noncompliance, which informs the business or establishment that it is subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the business or establishment. +(2) Verified that the violation was not corrected within the 30-day period described in paragraph (1). +(f) (1) A hotel or motel that provides lodging services in the state shall train its employees who are likely to interact or come into contact with victims of human trafficking in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. The training shall follow the Department of Justice guidelines established pursuant to paragraph (2). +(2) By July 1, 2017, the Department of Justice shall develop guidelines for training employees to be used by a hotel or motel described in paragraph (1) and shall post them on its Internet Web site. The guidelines shall include, but are not limited to, all of the following: +(A) An overview of human trafficking, including the experience of its victims, how and why it takes place in the hospitality industry, and how it is defined under state and federal law. +(B) How to identify signs of human trafficking. +(C) How to report signs and incidences of human trafficking. +(D) The risks human trafficking can pose to the hotel or motel. +(3) By January 1, 2018, the training required by paragraph (1): +(A) +Shall be incorporated into the initial training process for all new employees who are likely to interact or come into contact with victims of human trafficking. +(B) +Shall be given to all employees who did not receive an initial training required by subparagraph (A) and who are likely to interact or come into contact with victims of human trafficking. +(4) For the purposes of the training requirements of this subdivision, “offense” means each incident identified in the notice of noncompliance issued to an employer or business by a government entity without reference to any particular number of employees involved. +SECTION 1. +Section 2810.7 is added to the +Labor Code +, to read: +2810.7. +(a)A hotel or motel that provides lodging services in the state shall train its employees, who are likely to interact or come into contact with victims of human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. +(b)The training shall include, but not be limited to, all of the following: +(1)An overview of human trafficking, including the experience of its victims, how and why it takes place in the hospitality industry, and how it is defined under state and federal law. +(2)How to identify signs of human trafficking. +(3)How to report signs and incidences of human trafficking. +(4)The risks human trafficking can pose to the hotel or motel. +(c)By January 1, 2018, the training required by this section shall be incorporated into the initial training process for all new employees who are likely to interact or come into contact with victims of human trafficking. +(d)By January 1, 2018, the training required by this section shall be given to all existing employees who are likely to interact or come into contact with victims of human trafficking.","Existing law +establishes the Division of Labor Standards Enforcement in the Department of Industrial Relations for the enforcement of labor laws, and establishes certain obligations on an employer, including requiring an employer to post specified wage and hour information in a location where it can be viewed by employees. +requires certain business establishments to post a notice in a conspicuous place, as specified, regarding human trafficking. Existing law prescribes a civil penalty for a failure to comply with these requirements of $500 for a first offense and $1,000 for each subsequent offense. +Under existing law, any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of the crime of human trafficking. +This bill would require a hotel or motel that provides lodging services in the state to train +its employees, +employees +who are likely to interact or come into contact with victims of human +trafficking, +trafficking +in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency, as specified. The bill would require that, by January 1, 2018, the training be incorporated into the initial training process for all new employees and that +all existing +employees +who do not receive an initial training also +receive the training. +The bill would require the Department of Justice to, by July 1, 2017, develop guidelines for the training and to post them on its Internet Web site. The bill would define an offense in this context, with regard to the civil penalty provisions described above.","An act to +add Section 2810.7 to the Labor Code, relating to employment. +amend Section 52.6 of the Civil Code, relating to human trafficking." +973,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 130246 is added to the Public Utilities Code, to read: +130246. +The Riverside County Transportation Commission may enter into contracts with private vendors for the performance of the following services: +(a) Enforcement of parking regulations adopted by the commission. Parking enforcement shall be performed in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. +(b) Removal of vehicles parked in violation of a parking regulation adopted by the commission. Removal of vehicles shall be performed in the manner provided in Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code. +SEC. 2. +Section 21113 of the Vehicle Code is amended to read: +21113. +(a) (1) Except as provided in paragraph (2), a person shall not drive a vehicle or animal, or stop, park, or leave standing a vehicle or animal, whether attended or unattended, upon the driveways, paths, parking facilities, or the grounds of any of the following: +(A) A public school, state university, state college, or an educational institution exempted, in whole or in part, from taxation. +(B) A unit of the state park system. +(C) A county park. +(D) A municipal airport. +(E) A rapid transit district, transit development board, transit district, public transportation agency, county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or a joint powers agency operating or managing a commuter rail system. +(F) Any property under the direct control of the legislative body of a municipality. +(G) A state, county, or hospital district institution or building. +(H) Any harbor improvement district or harbor district formed pursuant to Part 2 (commencing with Section 5800) or Part 3 (commencing with Section 6000) of Division 8 of the Harbors and Navigation Code. +(I) A district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code. +(J) State grounds served by the Department of the California Highway Patrol. +(K) Any property under the possession or control of a housing authority formed pursuant to Article 2 (commencing with Section 34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code. +(2) The activities described in paragraph (1) may be performed with the permission of, and upon and subject to any condition or regulation that may be imposed by, the legislative body of the municipality, or the governing board or officer of the public school, state university, state college, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission, joint powers agency operating or managing a commuter rail system, or state, county, or hospital district institution or building, or educational institution, or harbor district, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or housing authority, or the Director of Parks and Recreation regarding units of the state park system or the state agency with jurisdiction over the grounds served by the Department of the California Highway Patrol. +(b) A governing board, legislative body, or officer shall erect or place appropriate signs giving notice of any special conditions or regulations that are imposed under this section and the governing board, legislative body, or officer shall also prepare and keep available at the principal administrative office of the governing board, legislative body, or officer, for examination by all interested persons, a written statement of all those special conditions and regulations adopted pursuant to this section. +(c) When a governing board, legislative body, or officer permits public traffic upon the driveways, paths, parking facilities, or grounds under their control then, except for those conditions imposed or regulations enacted by the governing board, legislative body, or officer applicable to the traffic, all the provisions of this code relating to traffic upon the highways shall be applicable to the traffic upon the driveways, paths, parking facilities, or grounds. +(d) A public transportation agency that imposes any condition or regulation upon a person who parks or leaves standing a vehicle, pursuant to subdivision (a), is authorized to do either of the following: +(1) Enforce that condition or regulation in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of this code. The public transportation agency shall be considered the issuing agency for that purpose. +(2) Designate regularly employed and salaried employees, who are engaged in directing traffic or enforcing parking laws and regulations, for the purpose of removing any vehicle in the same manner as a city, county, or jurisdiction of a state agency pursuant to Chapter 10 (commencing with Section 22650) of Division 11 of this code. +(e) With respect to the permitted use of vehicles or animals on property under the direct control of the legislative body of a municipality, no change in the use of vehicles or animals on the property, that had been permitted on January 1, 1976, shall be effective unless and until the legislative body, at a meeting open to the general public, determines that the use of vehicles or animals on the property should be prohibited or regulated. +(f) A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on property under the control of, or any portion of property used by, the board. +(g) A public agency, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, may adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency. +(h) “Housing authority,” for the purposes of this section, means a housing authority located within a county with a population of over 6,000,000 people, and any other housing authority that complies with the requirements of this section. +(i) “Public transportation agency,” for purposes of this section, means a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of the California Constitution or a county transportation commission created pursuant to Section 130050 of the Public Utilities Code.","Existing law establishes county transportation commissions in Los Angeles, Orange, Riverside, San Bernardino, and Ventura counties for the coordination of public transportation services and the performance of various transportation planning activities. Existing law authorizes each commission to make contracts of any nature whatsoever, including to employ labor. +This bill would authorize the Riverside County Transportation Commission to enter into contracts with private vendors for the enforcement of parking regulations and the removal of vehicles parked in violation of parking regulations adopted by the commission. +Existing law prohibits a person from driving or parking a vehicle or animal upon the driveways, paths, parking facilities, or grounds of specified public entities, including a public transportation agency and a county transportation commission, except with the permission of, and subject to any condition or regulation that may be imposed by, the governing body of the specified public entity. Existing law defines “public transportation agency” for these purposes. +This bill would revise the definition of “public transportation agency” to include a county transportation commission.","An act to add Section 130246 to the Public Utilities Code, and to amend Section 21113 of the Vehicle Code, relating to parking." +974,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12811 of the Vehicle Code is amended to read: +12811. +(a) (1) (A) When the department determines that the applicant is lawfully entitled to a license, the department shall issue to the person a driver’s license as applied for. The license shall state the class of license for which the licensee has qualified and shall contain the distinguishing number assigned to the applicant, the date of expiration, the true full name, age, and mailing address of the licensee, a brief description and engraved picture or photograph of the licensee for the purpose of identification, and space for the signature of the licensee. +(B) Each license shall also contain a space for the endorsement of a record of each suspension or revocation of the license. +(C) The department shall use whatever process or processes, in the issuance of engraved or colored licenses, that prohibit, as near as possible, the ability to alter or reproduce the license, or prohibit the ability to superimpose a picture or photograph on the license without ready detection. +(2) In addition to the requirements of paragraph (1), a license issued to a person under 18 years of age shall display the words “provisional until age 18.” +(b) (1) On and after July 1, 2011, an application for an original or renewal driver’s license or identification card shall contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry. The application shall include check boxes for an applicant to mark either (A) Yes, add my name to the donor registry or (B) I do not wish to register at this time. +(2) The department shall inquire verbally of an applicant applying in person for an original or renewal driver’s license or identification card at a department office as to whether the applicant wishes to enroll in the Donate Life California Organ and Tissue Donor Registry. Failure or refusal to answer this question or check a box on the application form shall not be a basis for the department to deny an applicant a driver’s license or identification card. +(3) The following language shall be included with the question required by paragraph (1): + + +“Marking ‘Yes’ adds your name to the Donate Life California Organ and Tissue Donor Registry and a pink ‘donor’ dot will appear on your license. If you wish to remove your name from the registry you must contact Donate Life California (see back); DMV can remove the pink dot from your licenses but cannot remove you from the registry.” + + +(4) The back of the application shall contain the following statement: + + +“If, on the front of this form, you marked ‘Yes’ to register as an organ and tissue donor you are legally authorizing the recovery of organs and tissues in the event of your death. Registering as a donor will not affect your medical treatment in any way. As outlined in the California Anatomical Gift Act, your authorization is legally binding and, unless the donor is under 18 years of age, your decision does not require the consent of any other person. For registered donors under 18 years of age, the legal guardian shall make the final donation decision. You may limit your donation to specific organs or tissues, place usage restrictions, for example transplantation or research, obtain more information about donation, or remove your name from the registry on the Internet Web site of Donate Life California: www.donateLIFEcalifornia.org.” + + +(5) Notwithstanding any other law, a person under 18 years of age may register as a donor. However, the legal guardian of that person shall make the final decision regarding the donation. +(6) The department shall collect donor designation information on all applications for an original or renewal driver’s license or identification card. +(7) The department shall print the word “DONOR” or another appropriate designation on the face of a driver’s license or identification card to a person who has indicated on the application his or her intent to enroll in the organ donation program pursuant to this section. +(8) On a weekly basis, the department shall electronically transmit to Donate Life California, a nonprofit organization established and designated as the California Organ and Tissue Donor Registrar pursuant to Section 7150.90 of the Health and Safety Code, all of the following information from every application that indicates the applicant’s decision to enroll in the organ donation program: +(A) His or her true full name. +(B) His or her residence or mailing address. +(C) His or her year of birth. +(D) His or her California driver’s license number or identification card number. +(9) (A) A person who applies for an original or renewal driver’s license or identification card may designate a voluntary contribution of two dollars ($2) for the purpose of promoting and supporting organ and tissue donation. This contribution shall be collected by the department, and treated as a voluntary contribution to Donate Life California and not as a fee for the issuance of a driver’s license or identification card. +(B) The department may use the donations collected pursuant to this paragraph to cover its actual administrative costs incurred pursuant to paragraphs (6) to (8), inclusive. The department shall deposit all revenue derived pursuant to this paragraph and remaining after the department’s deduction for administrative costs in the Donate Life California Trust Subaccount, that is hereby created in the Motor Vehicle Account in the State Transportation Fund. Notwithstanding Section 13340 of the Government Code, all revenue in this subaccount is continuously appropriated, without regard to fiscal years, to the Controller for allocation to Donate Life California and shall be expended for the purpose of increasing participation in organ donation programs. +(C) The department shall transmit to the Donate Life California Organ and Tissue Donor Registry and the appropriate policy and fiscal committees of the Legislature an annual report, and shall make available quarterly updates, detailing funds collected through voluntary contributions as well as a summary of applicants, including all of the following nonidentifiable information: +(i) Date of application. +(ii) Method of application (field office, online, or mail). +(iii) Donor registration status. +(iv) ZIP Code. +(v) Gender. +(vi) Year of birth. +(D) (i) The annual report to be submitted to the appropriate policy and fiscal committees of the Legislature pursuant to subparagraph (C) shall be submitted in compliance with Section 9795 of the Government Code. +(ii) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting the annual report to the appropriate policy and fiscal committees of the Legislature imposed under subparagraph (C) is inoperative four years after the date the first annual report is due. +(10) The enrollment form shall be posted on the Internet Web sites for the department and the California Health and Human Services Agency. +(11) The enrollment shall constitute a legal document pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code) and shall remain binding after the donor’s death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (5) of subdivision (b), the donation does not require the consent of any other person. +(12) Donate Life California shall ensure that all additions and deletions to the California Organ and Tissue Donor Registry, established pursuant to Section 7150.90 of the Health and Safety Code, shall occur within 30 days of receipt. +(13) Information obtained by Donate Life California for the purposes of this subdivision shall be used for these purposes only and shall not be disseminated further by Donate Life California. +(c) (1) All applications for a driver’s license or identification card shall contain a space for an applicant to indicate whether he or she has served in the Armed Forces of the United States and to give his or her consent to be contacted regarding eligibility to receive state or federal veterans benefits. The application shall contain the following statement: + + +“By marking the veteran box on this application, I certify that I am a veteran of the United States Armed Forces and that I want to receive veterans benefits information from the California Department of Veterans Affairs. By marking the veteran box on this application, I also consent to DMV transmitting my name and mailing address to the California Department of Veterans Affairs for this purpose only, and I certify that I have been notified that this transmittal will occur.” + + +(2) The department shall collect the information obtained pursuant to paragraph (1). +(3) As mutually agreed between the department and the Department of Veterans Affairs, the department shall electronically transmit to the Department of Veterans Affairs the following information on each applicant who has identified that he or she has served in the Armed Forces of the United States since the last data transfer and has consented to be contacted about veterans benefits: +(A) His or her true full name. +(B) His or her mailing address. +(4) Information obtained by the Department of Veterans Affairs for the purposes of this subdivision shall be used for the purpose of assisting individuals to access veterans benefits and shall not be disseminated except as needed for this purpose. +(5) Commencing November 11, 2015, an in-person application for a driver’s license or identification card shall allow an applicant to request the word “VETERAN” be printed on the face of the driver’s license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veteran’s status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification form as proof of veteran status. +Upon payment of the fee required pursuant to Section 14901.1, the +The +word “VETERAN” shall be printed on the face of a driver’s license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form to the department. +(d) A public entity or employee shall not be liable for loss, detriment, or injury resulting directly or indirectly from false or inaccurate information contained in the form provided pursuant to subdivision (b). +(e) A contract shall not be awarded to a nongovernmental entity for the processing of driver’s licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual. +SEC. 2. +Section 14901.1 of the Vehicle Code is repealed. +14901.1. +In addition to the fees required by Section 14900, 14900.1, or 14902, the department shall charge a one-time fee of five dollars ($5) to any person who requests, pursuant to paragraph (5) of subdivision (c) of Section 12811, that the person’s driver’s license or identification card be printed with the word “VETERAN” to indicate that the person has served in the United States Armed Forces. The department may increase the fee by regulation, in an amount not to exceed fifteen dollars ($15), to reimburse the department for its reasonable costs in processing and issuing a request for a license or card issued pursuant to paragraph (5) of subdivision (c) of Section 12811.","Existing law requires the Department of Motor Vehicles to issue a driver’s license to an applicant when the department determines that the applicant is lawfully entitled to a license. +Existing law allows an applicant for a driver’s license or identification card to request the word “VETERAN” be printed on the face of the driver’s license or identification card, subject to certain requirements, including, among others, payment of an additional $5 fee. +This bill would +make a technical, nonsubstantive change to those provisions. +repeal the $5 fee requirement and make additional conforming changes.","An act to amend Section 12811 +of +of, and to repeal Section 14901.1 of, +the Vehicle Code, relating to driver’s licenses." +975,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 8332 of the Government Code is amended to read: +8332. +It is the intent of the Legislature that this chapter does not apply to the Reporting of Improper Governmental Activities Act (Article 3 (commencing with Section 8547) of Chapter 6.5) or the procedures established to investigate civilians’ complaints against peace officers as required by Section 832.5 of the Penal Code. +SEC. 2. +Section 148.6 of the Penal Code is amended to read: +148.6. +(a) (1) Every person who files any allegation of misconduct against any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, knowing the allegation to be false, is guilty of a misdemeanor. +(2) A law enforcement agency accepting an allegation of misconduct against a peace officer shall require the complainant to read and sign the following advisory, all in boldface type: +YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER POLICE CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO INVESTIGATE CIVILIANS’ COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED IMPROPERLY. CIVILIAN COMPLAINTS AND ANY REPORTS OR FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR AT LEAST FIVE YEARS. +IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW TO BE FALSE. IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS FALSE, YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE. + +I have read and understood the above statement. +Complainant _____ +(3) The advisory shall be available in multiple languages. +(b) Every person who files a civil claim against a peace officer or a lien against his or her property, knowing the claim or lien to be false and with the intent to harass or dissuade the officer from carrying out his or her official duties, is guilty of a misdemeanor. This section applies only to claims pertaining to actions that arise in the course and scope of the peace officer’s duties. +SEC. 3. +Section 832.18 of the Penal Code is amended to read: +832.18. +(a) It is the intent of the Legislature to establish policies and procedures to address issues related to the downloading and storage data recorded by a body-worn camera worn by a peace officer. These policies and procedures shall be based on best practices. +(b) When establishing policies and procedures for the implementation and operation of a body-worn camera system, law enforcement agencies, departments, or entities shall consider the following best practices regarding the downloading and storage of body-worn camera data: +(1) Designate the person responsible for downloading the recorded data from the body-worn camera. If the storage system does not have automatic downloading capability, the officer’s supervisor should take immediate physical custody of the camera and should be responsible for downloading the data in the case of an incident involving the use of force by an officer, an officer-involved shooting, or other serious incident. +(2) Establish when data should be downloaded to ensure the data is entered into the system in a timely manner, the cameras are properly maintained and ready for the next use, and for purposes of tagging and categorizing the data. +(3) Establish specific measures to prevent data tampering, deleting, and copying, including prohibiting the unauthorized use, duplication, or distribution of body-worn camera data. +(4) Categorize and tag body-worn camera video at the time the data is downloaded and classified according to the type of event or incident captured in the data. +(5) Specifically state the length of time that recorded data is to be stored. +(A) Unless subparagraph (B) or (C) applies, nonevidentiary data including video and audio recorded by a body-worn camera should be retained for a minimum of 60 days, after which it may be erased, destroyed, or recycled. An agency may keep data for more than 60 days to have it available in case of a civilian complaint and to preserve transparency. +(B) Evidentiary data including video and audio recorded by a body-worn camera under this section should be retained for a minimum of two years under any of the following circumstances: +(i) The recording is of an incident involving the use of force by a peace officer or an officer-involved shooting. +(ii) The recording is of an incident that leads to the detention or arrest of an individual. +(iii) The recording is relevant to a formal or informal complaint against a law enforcement officer or a law enforcement agency. +(C) If evidence that may be relevant to a criminal prosecution is obtained from a recording made by a body-worn camera under this section, the law enforcement agency should retain the recording for any time in addition to that specified in paragraphs (A) and (B), and in the same manner as is required by law for other evidence that may be relevant to a criminal prosecution. +(D) In determining a retention schedule, the agency should work with its legal counsel to determine a retention schedule to ensure that storage policies and practices are in compliance with all relevant laws and adequately preserve evidentiary chains of custody. +(E) Records or logs of access and deletion of data from body-worn cameras should be retained permanently. +(6) State where the body-worn camera data will be stored, including, for example, an in-house server which is managed internally, or an online cloud database which is managed by a third-party vendor. +(7) If using a third-party vendor to manage the data storage system, the following factors should be considered to protect the security and integrity of the data: +(A) Using an experienced and reputable third-party vendor. +(B) Entering into contracts that govern the vendor relationship and protect the agency’s data. +(C) Using a system that has a built-in audit trail to prevent data tampering and unauthorized access. +(D) Using a system that has a reliable method for automatically backing up data for storage. +(E) Consulting with internal legal counsel to ensure the method of data storage meets legal requirements for chain-of-custody concerns. +(F) Using a system that includes technical assistance capabilities. +(8) Require that all recorded data from body-worn cameras are property of their respective law enforcement agency and shall not be accessed or released for any unauthorized purpose, explicitly prohibit agency personnel from accessing recorded data for personal use and from uploading recorded data onto public and social media Internet Web sites, and include sanctions for violations of this prohibition. +(c) (1) For purposes of this section, “evidentiary data” refers to data of an incident or encounter that could prove useful for investigative purposes, including, but not limited to, a crime, an arrest or citation, a search, a use of force incident, or a confrontational encounter with a member of the public. The retention period for evidentiary data are subject to state evidentiary laws. +(2) For purposes of this section, “nonevidentiary data” refers to data that does not necessarily have value to aid in an investigation or prosecution, such as data of an incident or encounter that does not lead to an arrest or citation, or data of general activities the officer might perform while on duty. +(d) Nothing in this section shall be interpreted to limit the public’s right to access recorded data under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). +SEC. 4. +Section 13010.5 of the Penal Code is amended to read: +13010.5. +The department shall collect data pertaining to the juvenile justice system for criminal history and statistical purposes. This information shall serve to assist the department in complying with the reporting requirement of paragraphs (3) and (4) of subdivision (a) of Section 13012, measuring the extent of juvenile delinquency, determining the need for and effectiveness of relevant legislation, and identifying long-term trends in juvenile delinquency. Any data collected pursuant to this section may include criminal history information which may be used by the department to comply with the requirements of Section 602.5 of the Welfare and Institutions Code. +SEC. 5. +Section 13012 of the Penal Code is amended to read: +13012. +(a) The annual report of the department provided for in Section 13010 shall contain statistics showing all of the following: +(1) The amount and the types of offenses known to the public authorities. +(2) The personal and social characteristics of criminals and delinquents. +(3) The administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents. +(4) The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies, including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court. +(5) (A) The total number of each of the following: +(i) Civilian complaints received by law enforcement agencies under Section 832.5. +(ii) Civilian complaints alleging criminal conduct of either a felony or misdemeanor. +(iii) Civilian complaints alleging racial or identity profiling, as defined in subdivision (e) of Section 13519.4. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability. +(B) The statistics reported under this paragraph shall provide, for each category of complaint identified under subparagraph (A), the number of complaints within each of the following disposition categories: +(i) “Sustained,” which means that the investigation disclosed sufficient evidence to prove the truth of allegation in the complaint by preponderance of evidence. +(ii) “Exonerated,” which means that the investigation clearly established that the actions of the personnel that formed the basis of the complaint are not a violation of law or agency policy. +(iii) “Not sustained,” which means that the investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation in the complaint. +(iv) “Unfounded,” which means that the investigation clearly established that the allegation is not true. +(C) The reports under subparagraphs (A) and (B) shall be made available to the public and disaggregated for each individual law enforcement agency. +(b) It shall be the duty of the department to give adequate interpretation of the statistics and so to present the information that it may be of value in guiding the policies of the Legislature and of those in charge of the apprehension, prosecution, and treatment of the criminals and delinquents, or concerned with the prevention of crime and delinquency. The report shall also include statistics which are comparable with national uniform criminal statistics published by federal bureaus or departments heretofore mentioned. +(c) Each year, on an annual basis, the Racial and Identity Profiling Board (RIPA), established pursuant to paragraph (1) of subdivision (j) of Section 13519.4, shall analyze the statistics reported pursuant to subparagraphs (A) and (B) of paragraph (5) of subdivision (a) of this section. RIPA’s analysis of the complaints shall be incorporated into its annual report as required by paragraph (3) of subdivision (j) of Section 13519.4. The reports shall not disclose the identity of peace officers. +SEC. 6. +Section 13012.5 of the Penal Code is amended to read: +13012.5. +(a) The annual report published by the department under Section 13010 shall, in regard to the contents required by paragraph (4) of subdivision (a) of Section 13012, include the following statewide information: +(1) The annual number of fitness hearings held in the juvenile courts under Section 707 of the Welfare and Institutions Code, and the outcomes of those hearings including orders to remand to adult criminal court, cross-referenced with information about the age, gender, ethnicity, and offense of the minors whose cases are the subject of those fitness hearings. +(2) The annual number of minors whose cases are filed directly in adult criminal court under Sections 602.5 and 707 of the Welfare and Institutions Code, cross-referenced with information about the age, gender, ethnicity, and offense of the minors whose cases are filed directly to the adult criminal court. +(3) The outcomes of cases involving minors who are prosecuted in adult criminal courts, regardless of how adult court jurisdiction was initiated, including whether the minor was acquitted or convicted, or whether the case was dismissed and returned to juvenile court, including sentencing outcomes, cross-referenced with the age, gender, ethnicity, and offense of the minors subject to these court actions. +(b) The department’s annual report published under Section 13010 shall include the information described in paragraph (4) of subdivision (a) of Section 13012, as further delineated by this section, beginning with the report due on July 1, 2003, for the preceding calendar year. +SEC. 7. +Section 41603 of the Vehicle Code is amended to read: +41603. +No state or local agency employing peace officers or parking enforcement employees engaged in the enforcement of this code shall use the number of arrests or citations issued by a peace officer or parking enforcement employees as the sole criterion for promotion, demotion, dismissal, or the earning of any benefit provided by the agency. Those arrests or citations, and their ultimate dispositions, may only be considered in evaluating the overall performance of a peace officer or parking enforcement employees. An evaluation may include, but shall not be limited to, criteria such as attendance, punctuality, work safety, complaints by civilians, commendations, demeanor, formal training, and professional judgment.","Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of the procedure available to the public. Existing law also refers to these complaints as citizens’ complaints. Existing law sets forth specified policies and procedures relating to citizens’ complaints. Among other things, existing law makes it a misdemeanor to file an allegation of misconduct against a peace officer knowing the allegation to be false. Existing law requires a law enforcement agency accepting an allegation of misconduct against a peace officer to require the complainant to read and sign a specified advisory that describes, generally, the law and procedure governing citizens’ complaints. Existing law also requires the Department of Justice to prepare and present to the Governor, on or before July 1, an annual report containing the criminal statistics of the preceding calendar year, including, among other statistics, the total number of citizen complaints alleging racial or identity profiling, as specified. +This bill would delete references to citizens’ complaints and instead refer to civilians’ complaints.","An act to amend Section 8332 of the Government Code, to amend Sections 148.6, 832.18, 13010.5, 13012, and 13012.5 of the Penal Code, and to amend Section 41603 of the Vehicle Code, relating to public safety." +976,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known and may be cited as the Direct Access to Reproductive Health Care Act. +SEC. 2. +(a) The Legislature hereby finds and declares all of the following: +(1) For many women, reproductive health care may be the only contact they have with the health care system. +(2) According to the Guttmacher Institute, one-half of all pregnancies in the United States each year, more than three million pregnancies, are unintended. By 45 years of age, more than one-half of all women in the United States will have experienced an unintended pregnancy, and 3 in 10 will have had an abortion. +(3) The inability to access comprehensive reproductive health care in a timely manner can lead to negative health outcomes, including increased risk for unintended pregnancy, sexually transmitted diseases, and delayed care for critical and time-sensitive reproductive health services. +(4) Providing timely access to comprehensive reproductive health services is cost effective. +(5) California has a long history of, and commitment to, expanding access to services that aim to reduce the risk of unintended pregnancies, improve reproductive and sexual health outcomes, and reduce costs. +(6) Recognizing the importance of timely access to comprehensive reproductive and sexual health care services, the Legislature and the United States Congress passed measures to enable women to access care provided by an obstetrician and gynecologist without a referral. Despite these advances, there are wide variances in health benefit plans regarding referral requirements for reproductive and sexual health care services, and women across the state are obtaining these vital services from other licensed provider types, including family practice physicians, nurse practitioners, physician assistants, and certified nurse-midwives. +(b) It is hereby the intent of the Legislature in enacting this act to build on current state and federal law to increase timely, equal, and direct access to time-sensitive and comprehensive reproductive and sexual health care services for enrollees in health care service plans or insureds under health insurance policies by prohibiting health care service plans or insurers from requiring an enrollee or insured to secure a referral from a primary care provider prior to receiving in-network reproductive and sexual health care services. +SEC. 3. +Section 1367.31 is added to the Health and Safety Code, to read: +1367.31. +(a) Every health care service plan contract issued, amended, renewed, or delivered on or after January 1, 2017, shall be prohibited from requiring an enrollee to receive a referral prior to receiving coverage or services for reproductive and sexual health care. +(b) (1) For the purposes of this section, “reproductive and sexual health care services” are all reproductive and sexual health services described in Sections 6925, 6926, 6927, and 6928 of the Family Code, or Section 121020 of the Health and Safety Code, obtained by a patient. +(2) For the purposes of this section, “reproductive and sexual health care services” do not include the services subject to a health care service plan’s referral procedures as required by subdivisions (a) and (b) of Section 1374.16. +(3) This section applies whether or not the patient is a minor. +(c) In implementing this section, a health care service plan may establish reasonable provisions governing utilization protocols for obtaining reproductive and sexual health care services, as provided for in subdivision (a), from health care providers participating in, or contracting with, the plan network, medical group, or independent practice association, provided that these provisions shall be consistent with the intent of this section and shall be those customarily applied to other health care providers, such as primary care physicians and surgeons, to whom the enrollee has direct access, and shall not be more restrictive for the provision of reproductive and sexual health care services. An enrollee shall not be required to obtain prior approval from another physician, another provider, or the health care service plan prior to obtaining direct access to reproductive and sexual health care services. A health care service plan may establish reasonable provisions governing communication with the enrollee’s primary care physician and surgeon regarding the enrollee’s condition, treatment, and any need for followup care. +(d) This section shall not apply to a health care service plan contract that does not require enrollees to obtain a referral from their primary care physician prior to seeking covered health care services from a specialist. +(e) A health care service plan shall not impose utilization protocols related to contraceptive drugs, supplies, and devices beyond the provisions outlined in Section 1367.25 of this code or Section 14132 of the Welfare and Institutions Code. +(f) This section shall not apply to specialized health care service plan contracts or any health care service plan that is governed by Section 14131 of the Welfare and Institutions Code. +SEC. 4. +Section 10123.202 is added to the Insurance Code, to read: +10123.202. +(a) Every health insurance policy issued, amended, renewed, or delivered on or after January 1, 2017, excluding specialized health insurance policies, shall be prohibited from requiring an insured to receive a referral prior to receiving coverage or services for reproductive and sexual health care. +(b) (1) For the purposes of this section, “reproductive and sexual health care services” are all reproductive and sexual health services described in Sections 6925, 6926, 6927, and 6928 of the Family Code, or Section 121020 of the Health and Safety Code, obtained by a patient. +(2) This section applies whether or not the patient is a minor. +(c) In implementing this section, a health insurer may establish reasonable provisions governing utilization protocols for obtaining reproductive and sexual health care services, as provided for in subdivision (a), provided that these provisions shall be consistent with the intent of this section and shall be those customarily applied to other health care providers, such as primary care physicians and surgeons, to whom the insured has direct access, and shall not be more restrictive for the provision of reproductive and sexual health care services. An insured shall not be required to obtain prior approval from another physician, another provider, or the insurer prior to obtaining direct access to reproductive and sexual health care services. An insurer may establish reasonable provisions governing communication with the insured’s primary care physician and surgeon regarding the insured’s condition, treatment, and any need for followup care. +(d) This section shall not apply to a health insurance policy that does not require insureds to obtain a referral from their primary care physician prior to seeking covered health care services from a specialist. +(e) A health insurer shall not impose utilization protocols related to contraceptive drugs, supplies, and devices beyond the provisions outlined in Section 10123.196. +(f) This section shall not apply to specialized health insurance, Medicare supplement insurance, short-term limited duration health insurance, CHAMPUS supplement insurance, or TRICARE supplement insurance, or to hospital indemnity, accident-only, or specified disease insurance. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. +This bill would prohibit every health care service plan contract or health insurance policy issued, amended, renewed, or delivered on or after January 1, 2017, with exceptions, from requiring an enrollee or insured to receive a referral in order to receive reproductive or sexual health care services, as provided. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 1367.31 to the Health and Safety Code, and to add Section 10123.202 to the Insurance Code, relating to health care coverage." +977,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 245 of the Penal Code is amended to read: +245. +(a) (1) +Any +A +person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. +(2) +Any +A +person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment. +(3) +Any +A +person who commits an assault upon the person of another with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, shall be punished by imprisonment in the state prison for 4, 8, or 12 years. +(4) +Any +A +person who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. +(b) +Any +A +person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years. +(c) +Any +A +person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace +officer or +officer, +firefighter, +or emergency medical technician, +and who knows or reasonably should know that the victim is a peace +officer or firefighter +officer, firefighter, or emergency medical technician +engaged in the performance of his or her duties, when the peace +officer or firefighter +officer, firefighter, or emergency medical technician +is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years. +(d) (1) +Any +A +person who commits an assault with a firearm upon the person of a peace +officer or +officer, +firefighter, +or emergency medical technician, +and who knows or reasonably should know that the victim is a peace +officer or firefighter +officer, firefighter, or emergency medical technician +engaged in the performance of his or her duties, when the peace +officer or firefighter +officer, firefighter, or emergency medical technician +is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years. +(2) +Any +A +person who commits an assault upon the person of a peace +officer or firefighter +officer, firefighter, or emergency medical technician +with a semiautomatic firearm and who knows or reasonably should know that the victim is a peace +officer or firefighter +officer, firefighter, or emergency medical technician +engaged in the performance of his or her duties, when the peace +officer or firefighter +officer, firefighter, or emergency medical technician +is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for five, seven, or nine years. +(3) +Any +A +person who commits an assault with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, upon the person of a peace +officer or +officer, +firefighter, +or emergency medical technician, +and who knows or reasonably should know that the victim is a peace +officer or firefighter +officer, firefighter, or emergency medical technician +engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for 6, 9, or 12 years. +(e) When a person is convicted of a violation of this section in a case involving use of a deadly weapon or instrument or firearm, and the weapon or instrument or firearm is owned by that person, the court shall order that the weapon or instrument or firearm be deemed a nuisance, and it shall be confiscated and disposed of in the manner provided by Sections 18000 and 18005. +(f) As used in this section, “peace officer” refers to any person designated as a peace officer in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law makes it a crime and specifies terms of imprisonment for assault on a peace officer or firefighter when the person knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties. Existing law specifies various terms of imprisonment depending on whether the assault was committed with a deadly weapon that is not a firearm, a firearm, or one of a specified type of firearm, including machineguns and assault weapons. +This bill would make these provisions applicable to an assault on an emergency medical technician when the person knows or reasonably should know that the person is an emergency medical technician engaged in the performance of his or her duties. By increasing the penalty for a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 245 of the Penal Code, relating to crimes." +978,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 69432 of the Education Code is amended to read: +69432. +(a) Cal Grant Program awards shall be known as “Cal Grant A Entitlement Awards,” “Cal Grant B Entitlement Awards,” “California Community College Transfer Entitlement Awards,” “Competitive Cal Grant A and B Awards,” “Cal Grant C Awards,” and “Cal Grant T Awards.” +(b) Maximum award amounts for students at independent institutions and for Cal Grant C and T awards shall be identified in the annual Budget Act. Maximum award amounts for Cal Grant A and B awards for students attending public institutions shall be referenced in the annual Budget Act. +(c) (1) Notwithstanding subdivision (b), and subdivision (c) of Section 66021.2, commencing with the 2013–14 award year, the maximum tuition award amounts for Cal Grant A and B awards for students attending private for-profit and nonprofit postsecondary educational institutions shall be as follows: +(A) Four thousand dollars ($4,000) for new recipients attending private for-profit postsecondary educational institutions. +(B) For the 2015–16 and 2016–17 award years, nine thousand eighty-four dollars ($9,084) for new recipients attending private nonprofit postsecondary educational institutions. For the 2017–18 award year and each award year thereafter, no less than ten thousand dollars +($10,000) +($10,000), as determined in the annual Budget Act, +for new recipients attending private nonprofit postsecondary educational institutions. +(2) The renewal award amount for a student whose initial award is subject to a maximum award amount specified in this subdivision shall be calculated pursuant to paragraph (2) of subdivision (a) of Section 69433. +(3) Notwithstanding subparagraph (A) of paragraph (1), for the 2017–18 award year and each award year thereafter, the maximum tuition award amounts for new recipients attending private for-profit postsecondary educational institutions that are accredited by the Western Association of Schools and Colleges as of July 1, 2012, shall be eight thousand fifty-six dollars ($8,056). +(d) As a condition for the funding of Cal Grant awards to its students, a private nonprofit postsecondary educational institution shall submit performance metrics to the Association of Independent California Colleges and Universities. The association, in collaboration with the public segments of higher education, shall determine the form and content of these metrics, to ensure data are defined, collected, and reported in a consistent and comparable manner, and to ensure data integrity. The association shall provide that information in a cumulative report generated by the association to the Legislature, the Governor, the Department of Finance, and the Legislative Analyst’s Office on or before March 15, 2017, and on or before March 15 of each year thereafter. The report shall be submitted to the Legislature in compliance with Section 9795 of the Government Code and shall include all of the following data with respect to each participating private nonprofit postsecondary educational institution: +(1) The number of undergraduate students enrolled in that institution. +(2) The percentage of undergraduate students of that institution who are California residents. +(3) The number of graduate students enrolled in that institution. +(4) The number of transfer students from the California Community Colleges enrolled in that institution. +(5) The percentage of undergraduate students of that institution who are transfer students from the California Community Colleges. +(6) The number of Pell Grant recipients enrolled in that institution. +(7) The percentage of undergraduate students of that institution who are Pell Grant recipients. +(8) The number of Cal Grant recipients enrolled in that institution. With respect to those Cal Grant recipients, both of the following shall be included: +(A) Their ethnic composition, expressed in percentages. +(B) The median amount of institutional aid provided to them. +(9) The percentage of undergraduate students of that institution who are Cal Grant recipients. +(10) The four- and six-year graduation rates for freshman entrants of that institution disaggregated by both of the following: +(A) Pell Grant recipients. +(B) Cal Grant recipients. +(11) The two- and three-year graduation rates for transfer students from the California Community Colleges disaggregated by both of the following: +(A) Pell Grant recipients. +(B) Cal Grant recipients. +(12) The number of degrees awarded annually by the institution in total and in each of the following categories: +(A) Undergraduate students who first enrolled in the institution as freshmen. +(B) Undergraduate students who first enrolled in the institution as transfer students. +(C) Graduate students. +(D) Pell Grant recipients. +(E) The number of degrees or credentials awarded in health-related fields, teacher preparation, and the fields of science, technology, engineering, and mathematics (STEM). +(e) The collection, reporting, and housing of data for the report prepared pursuant to subdivision (d) shall be conducted both in a manner that ensures data integrity and security and that is in conformance with any federal and state laws on the confidentiality of student information.","Existing law, known as the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes the Cal Grant A and B entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. +Existing law establishes the maximum tuition award amount for each Cal Grant A and B award for new recipient students attending private nonprofit postsecondary educational institutions at $9,084 for the 2015–16 and 2016–17 award years and $8,056 for the 2017–18 award year and each award year thereafter. Existing law also establishes these amounts as the maximum tuition award amounts for new recipients attending private for-profit postsecondary educational institutions that are accredited, as specified. +This bill would instead increase the maximum tuition award amount for Cal Grant A and B awards for new recipients at private nonprofit postsecondary educational institutions to no less than $10,000 for the 2017–18 award year and each award year thereafter. For these award years, the maximum tuition award amounts would remain at $8,056 for new recipients attending accredited private for-profit postsecondary educational institutions as referred to above. +The bill would impose requirements on private nonprofit postsecondary educational institutions to provide specified data to a specified association as a condition for the funding of Cal Grant awards to their students and would require the association to report on that information to the Legislature, the Governor, the Department of Finance, and the Legislative Analyst’s Office.","An act to amend Section 69432 of the Education Code, relating to student financial aid." +979,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1369 of the Penal Code is amended to read: +1369. +Except as stated in subdivision (g), a trial by court or jury of the question of mental competence shall proceed in the following order: +(a) The court shall appoint a psychiatrist or licensed psychologist, and any other expert the court may deem appropriate, to examine the defendant. In any case where the defendant or the defendant’s counsel informs the court that the defendant is not seeking a finding of mental incompetence, the court shall appoint two psychiatrists, licensed psychologists, or a combination thereof. One of the psychiatrists or licensed psychologists may be named by the defense and one may be named by the prosecution. The examining psychiatrists or licensed psychologists shall evaluate the nature of the defendant’s mental disorder, if any, the defendant’s ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental disorder and, if within the scope of their licenses and appropriate to their opinions, whether or not treatment with antipsychotic medication is medically appropriate for the defendant and whether antipsychotic medication is likely to restore the defendant to mental competence. If an examining psychologist is of the opinion that antipsychotic medication may be medically appropriate for the defendant and that the defendant should be evaluated by a psychiatrist to determine if antipsychotic medication is medically appropriate, the psychologist shall inform the court of this opinion and his or her recommendation as to whether a psychiatrist should examine the defendant. The examining psychiatrists or licensed psychologists shall also address the issues of whether the defendant has capacity to make decisions regarding antipsychotic medication and whether the defendant is a danger to self or others. If the defendant is examined by a psychiatrist and the psychiatrist forms an opinion as to whether or not treatment with antipsychotic medication is medically appropriate, the psychiatrist shall inform the court of his or her opinions as to the likely or potential side effects of the medication, the expected efficacy of the medication, possible alternative treatments, and whether it is medically appropriate to administer antipsychotic medication in the county jail. If it is suspected the defendant is developmentally disabled, the court shall appoint the director of the regional center for the developmentally disabled established under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code, or the designee of the director, to examine the defendant. The court may order the developmentally disabled defendant to be confined for examination in a residential facility or state hospital. +The regional center director shall recommend to the court a suitable residential facility or state hospital. Prior to issuing an order pursuant to this section, the court shall consider the recommendation of the regional center director. While the person is confined pursuant to order of the court under this section, he or she shall be provided with necessary care and treatment. +(b) (1) The counsel for the defendant shall offer evidence in support of the allegation of mental incompetence. +(2) If the defense declines to offer any evidence in support of the allegation of mental incompetence, the prosecution may do so. +(c) The prosecution shall present its case regarding the issue of the defendant’s present mental competence. +(d) Each party may offer rebutting testimony, unless the court, for good reason in furtherance of justice, also permits other evidence in support of the original contention. +(e) When the evidence is concluded, unless the case is submitted without final argument, the prosecution shall make its final argument and the defense shall conclude with its final argument to the court or jury. +(f) In a jury trial, the court shall charge the jury, instructing them on all matters of law necessary for the rendering of a verdict. It shall be presumed that the defendant is mentally competent unless it is proved by a preponderance of the evidence that the defendant is mentally incompetent. The verdict of the jury shall be unanimous. +(g) Only a court trial is required to determine competency in any proceeding for a violation of probation, mandatory supervision, postrelease community supervision, or parole. +(h) (1) The State Department of State Hospitals shall, on or before July 1, 2017, adopt guidelines for education and training standards for a psychiatrist or licensed psychologist to be considered for appointment by the court pursuant to this section. To develop these guidelines, the State Department of State Hospitals shall convene a workgroup comprised of the Judicial Council and groups or individuals representing judges, defense counsel, district attorneys, counties, advocates for people with developmental and mental disabilities, state psychologists and psychiatrists, professional associations and accrediting bodies for psychologists and psychiatrists, and other interested stakeholders. +(2) When making appointments pursuant to this section, the court shall appoint experts who meet the guidelines established in accordance with this subdivision or experts with equivalent experience and skills. If there is no reasonably available expert who meets the guidelines or who has equivalent experience and skills, the court shall have the discretion to appoint an expert who does not meet the guidelines.","Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant’s mental competency is evaluated, which includes requiring the court to appoint a psychiatrist or licensed psychologist, and any other expert the court may deem appropriate. +This bill would, on or before July 1, 2017, require the State Department of State Hospitals, through the use of a workgroup representing specified groups, to adopt guidelines for education and training standards for a psychiatrist or licensed psychologist to be considered for appointment by the court. The bill would provide that if there is no reasonably available expert who meets the guidelines, the court shall have discretion to appoint an expert who does not meet the guidelines.","An act to amend Section 1369 of the Penal Code, relating to criminal procedure." +980,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 51504 of the Health and Safety Code is amended to read: +51504. +(a) The agency shall administer a downpayment assistance program that includes, but is not limited to, all of the following: +(1) Downpayment assistance shall include, but not be limited to, a deferred-payment, low-interest, junior mortgage loan to reduce the principal and interest payments and make financing affordable to first-time low- and moderate-income home buyers. +(2) (A) Except as provided in subparagraph (B) or (C), the amount of downpayment assistance shall not exceed 3 percent of the home sale price. +(B) The amount of downpayment assistance for a new home within an infill opportunity zone, as defined in Section 65088.1 of the Government Code, a transit village development district, as defined in Section 65460.4 of the Government Code, or a transit-oriented development specific plan area, as defined in paragraph (6), shall not exceed 5 percent of the purchase price or the appraised value, whichever amount is less, of the new home. The borrower of the downpayment assistance shall provide the lender originating the loan with a certification from the local government agency administering the infill opportunity zone, the transit village development district, or the transit-oriented development specific plan area that states that the property involved in the loan transaction is within the boundaries of either the infill opportunity zone, the transit village development district, or the transit-oriented development specific plan area. +(C) Notwithstanding paragraph (1), the agency may, but is not required to, provide downpayment assistance that does not exceed 6 percent of the home sale price to first-time low-income home buyers who, as documented to the agency by a nonprofit organization that is certified and funded to provide home ownership counseling by a federally funded national nonprofit corporation, are purchasing a residence in a community revitalization area targeted by the nonprofit organization as a neighborhood in need of economic stimulation, renovation, and rehabilitation through efforts that include increased home ownership opportunities for low-income families. The agency shall not use more than six million dollars ($6,000,000) in funds made available pursuant to Section 53533 for the purposes of this paragraph. +(3) The amount of the downpayment assistance shall be secured by a deed of trust in a junior position to the primary financing provided. The term of the loan for the downpayment assistance shall not exceed the term of the primary loan. +(4) (A) Except as provided in subparagraphs (B) and (C), the amount of the downpayment assistance shall be due and payable at the end of the term or upon sale of or refinancing of the home. The borrower may refinance the mortgages on the home provided that the principal and accrued interest on the junior mortgage loan securing the downpayment assistance are repaid in full. All repayments shall be made to the agency to be reallocated for the purposes of this chapter. +(B) The agency may, in its discretion, permit the downpayment assistance loan to be subordinated to refinancing if it determines that the borrower has demonstrated hardship, subordination is required to avoid foreclosure, and the new loan meets the agency’s underwriting requirements. The agency may permit subordination on those terms and conditions as it determines are reasonable. +(C) The amount of the downpayment assistance shall not be due and payable upon sale of the home if the first mortgage loan is insured by the Federal Housing Administration (FHA) or if the first mortgage loan is, or has been, transferred to the FHA, or if the requirement is otherwise contrary to regulations of the United States Department of Housing and Urban Development governing FHA insured first mortgage loans. +(5) The agency may use up to 5 percent of the funds appropriated by the Legislature for purposes of this chapter to administer this program. +(6) For purposes of this section, “transit-oriented development specific plan area” means a specific plan that meets the criteria set forth in Section 65451 of the Government Code, is centered around a rail or light-rail station, ferry terminal, bus hub, or bus transfer station, and is intended to achieve a higher density use of land that facilitates use of the transit station. +(b) In addition to the downpayment assistance program authorized by subdivision (a), the agency may, at its discretion, use not more than seventy-five million dollars ($75,000,000) of the funds available pursuant to this chapter to finance the acquisition of land and the construction and development of housing developments, as defined in Section 50073.5, and for-sale residential structures through short-term loans pursuant to its authority pursuant to Section 51100. However, the agency shall make downpayment assistance provided pursuant to paragraph (1), subparagraphs (A) and (B) of paragraph (2), and paragraphs (3) to (5), inclusive, of subdivision (a) the priority use for these funds. A loan made pursuant to this section is not subject to Article 4 (commencing with Section 51175) of Chapter 5. +(c) (1) In addition to the downpayment assistance program authorized by subdivision (a), the agency shall provide downpayment assistance from the funds appropriated by the act adding this subdivision to first-time home buyers pursuant to paragraphs (1), (2), (3), (4), and (6) of subdivision (a) for homes in development projects that are located in designated infill sites, close to public transit, and that are located in cities, counties, or cities and counties that reduce developer or impact fees or reduce or remove regulatory barriers to housing construction for the development projects. +The agency shall identify and shall objectively measure the types of local agency actions or incentives that the agency determines appropriately reduce developer or impact fees or reduce or remove regulatory barriers to affordable housing projects. +These actions or incentives may include, but are not limited to, modifications to any or all of the following: +(A) Local design review requirements. +(B) Land use controls. +(C) Building codes and enforcement. +(D) Onsite or offsite improvement requirements. +(E) Project design. +(F) Permit processing. +(G) (i) A 30-percent reduction in the schedule of local fees, charges, and other exactions on local developers within the local agency’s jurisdiction within 12 months or more prior to the submission of the application for assistance pursuant to this subdivision. The local agency shall provide verification of the reduction with supporting documents showing successive annual fee schedules to the agency. +(ii) For the purposes of this subparagraph, “local fees, charges, and other exactions” includes, but is not limited to, all of the following: +(I) Planning and zoning fees. +(II) Environmental documentation fees. +(III) Building permit fees. +(IV) Plan check fees. +(V) School fees. +(VI) School mitigation fees. +(VII) Highway, road, traffic, and transit fees. +(VIII) Water, wastewater, sewer, and drainage fees. +(IX) Utility or water connection fees. +(X) Public safety fees. +(XI) Capital facilities fees. +(XII) Parks and recreation fees. +(XIII) Any other fee that may substitute for the requirements described in subparagraph (D). +(2) Paragraph (1) applies only to the use of funds appropriated by the act adding this subdivision and shall not be construed to apply to the use of any other funds. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 3. +The sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the California Homebuyer’s Downpayment Assistance Program for the purposes set forth in Section 51504 of the Health and Safety Code that satisfy the requirements of subdivision (c) of that section. After 48 months of availability, if the California Housing Finance Agency determines that these moneys will not be utilized for the purposes set forth in Section 51504 of the Health and Safety Code that satisfy the requirements of subdivision (c) of that section, the moneys shall be available for the general use of the California Housing Finance Agency for the purposes of the California Homebuyer’s Downpayment Assistance Program.","Existing law establishes the California Homebuyer’s Downpayment Assistance Program, which requires the California Housing Finance Agency to, among other things, administer a program that provides downpayment assistance, including deferred-payment, low-interest, junior mortgage loans to reduce principal and interest payments, that makes financing affordable to first-time low- and moderate-income home buyers, pursuant to specified terms. +This bill would appropriate $10,000,000 from the General Fund to the California Homebuyer’s Downpayment Assistance Program for the purposes of the downpayment assistance program described above. The bill would condition the application of these funds on an additional requirement that the home for which assistance is provided be in a development project that is in a designated infill site, close to public transit, and that is located in a city, county, or city and county that reduces developer or impact fees or reduces or removes regulatory barriers to housing construction for the development project, as specified. As part of this additional requirement, the bill would require a local agency to provide verification of the local agency’s schedule of local fees, charges, and other exactions to the California Housing Finance Agency and would thereby impose a state-mandated local program. The bill would make these moneys available for the general use of the California Housing Finance Agency for the purposes of the California Homebuyer’s Downpayment Assistance Program if specified requirements are met. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 51504 of the Health and Safety Code, relating to housing, and making an appropriation therefor." +981,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 27201 of the Government Code is amended to read: +27201. +(a) The recorder shall, upon payment of proper fees and taxes, accept for recordation any instrument, paper, or notice that is authorized or required by statute, or court order to be recorded, or authorized or required to be recorded by a local ordinance that relates to the recordation of any instrument, paper, or notice that relates to real property, if the instrument, paper, or notice contains sufficient information to be indexed as provided by statute, meets recording requirements of state statutes and local ordinances, and is photographically reproducible. The county recorder shall not refuse to record any instrument, paper, or notice that is authorized or required by statute, court order, or local ordinance that relates to the recordation of any instrument, paper, or notice that relates to real property to be recorded on the basis of its lack of legal sufficiency. +“Photographically reproducible,” for purposes of this division, means all instruments, papers, or notices that comply with standards as recommended by the American National Standards Institute or the Association for Information and Image Management for recording of records. +(b) (1) Each instrument, paper, or notice shall contain an original signature or signatures, except as otherwise provided by law, or be a certified copy of the original. +(2) A facsimile signature shall be accepted on a lien recorded by a governmental agency when that facsimile signature has been officially adopted by that agency. The lien shall have noted on its face a statement to that effect. The officially adopted facsimile signature shall be provided to the county recorder by a letter from the agency. A facsimile signature shall continue to be valid until the agency notifies the county recorder that the facsimile signature has been revoked. +(c) (1) Each instrument, paper, or notice that is rerecorded shall be executed and acknowledged or verified as a new document, in addition to any previous execution and acknowledgment or verification, unless any of the following apply: +(A) The instrument, paper, or notice is otherwise exempted by Section 27287 or any other law. +(B) The instrument, paper, or notice is presented solely to correct a recording sequence. The intent of the parties with regard to the priority of recorded documents shall be controlling regardless of the sequence of recording by a county recorder or the sequence of recording specified in instructions given by a submitter to a county recorder. This subparagraph is declaratory of existing law, and any rerecording of documents to change the sequential numbers assigned to a document by the recorder shall not require the document to be executed and acknowledged or verified as a new document. +(C) (i) The instrument, paper, or notice is presented solely to make a minor correction with a corrective affidavit. The corrective affidavit shall satisfy all of the following: +(I) Be attached to the original recorded instrument, paper, or notice. +(II) Set out the information corrected. +(III) Be certified by the party submitting the affidavit under penalty of perjury. +(IV) Be acknowledged pursuant to Section 27287. +(ii) For purposes of this subparagraph, “minor correction” includes any of the following: +(I) An incorrect or missing address of the party to which the instrument, paper, or notice is to be returned following recording pursuant to Section 27361.6. +(II) A clarification of illegible text pursuant to Section 27361.7. +(III) An incorrect or missing printed or typed name of an individual or entity near the signature pursuant to Section 27280.5. +(IV) An incorrect or missing documentary transfer tax amount due pursuant to Section 11932 of the Revenue and Taxation Code. +(2) Each rerecorded instrument, paper, or notice shall include a cover sheet that complies with Section 27361.6 and shall state the reason for rerecording on the cover sheet. +SEC. 2. +Section 27288.1 of the Government Code is amended to read: +27288.1. +All documents described in this section now or hereafter authorized by law to be recorded in the official records of a county shall contain the following information in addition to any information as may be required by law pertaining to the particular document: +(a) If the document effects or evidences a transfer or encumbrance of an interest in real property, the name or names in which the interest appears of record, except that a notice of assessment recorded pursuant to Section 3114 of the Streets and Highways Code, a notice of special tax lien recorded pursuant to Section 3114.5 of the Streets and Highways Code, and a notice of award of contract recorded pursuant to Section 5248 of the Streets and Highways Code, shall show the name or names of the assessed0 1em 0;"">(d) If a document is rerecorded, it shall comply with subdivision (c) of Section 27201. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires the county recorder, upon payment of proper fees and taxes, to record any instrument, paper, or notice that is authorized or required to be recorded, provided that the instrument, paper, or notice meets certain standards. Existing law also requires all documents authorized by law to be recorded in the official records of a county to contain specified information. +This bill would require the documents described above that are rerecorded to be executed and acknowledged or verified as new documents, unless otherwise exempted, as specified, presented solely to correct a rerecording sequence, as specified, or presented solely to make a minor correction, as defined, with a corrective affidavit. The bill would require the corrective affidavit to satisfy certain requirements, including a requirement that the corrective affidavit be certified under penalty of perjury. The bill would require each rerecorded instrument, paper, or notice to include a cover sheet and to state the reason for rerecording. +By imposing new duties upon local county officials with respect to the recordation of documents and by expanding the crime of perjury, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for specified reasons.","An act to amend Sections 27201 and 27288.1 of the Government Code, relating to the county recorder." +982,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares the following: +(a) Great strides have been made over the last three decades in raising awareness about the dangers of driving under the influence (DUI). Nationwide educational campaigns, extensive policy and statutory changes, and required participation in DUI education and counseling programs for offenders have substantially reduced the alcohol-related traffic fatality rate. However, the latest California DUI report issued by the Department of Motor Vehicles identifies a troubling trend in that alcohol-involved crash fatalities increased by 1.6 percent in 2011 and 7.3 percent in 2012. More needs to be done to address, in particular, the incidence of repeat DUI violators. +(b) To improve public safety and improve health outcomes, additional screening and assessment of both repeat DUI offenders and first-time offenders with extremely high blood alcohol content is necessary to determine if alcohol dependence issues exist. The use of the American Society for Addiction Medicine (ASAM) criteria, a widely used and nationally recognized set of guidelines to assess, place, and discharge persons with addiction and co-occurring conditions, would expand the use of data and science to address alcohol abuse, promote referrals to medically necessary treatment, when appropriate, and reduce fatalities and serious injuries on public roads. +(c) In 2007, the National Highway Traffic Safety Administration (NHTSA), at the request of the California Office of Traffic Safety, conducted an assessment of the state’s alcohol- and drug-impaired-driving countermeasures program. The NHTSA’s work resulted in identification of key issues of concern around impaired driving and produced dozens of recommendations to improve the state’s DUI countermeasures program. Among the recommendations offered in the 2007 Impaired Driving Technical Assessment of the State of California was a recommendation to enact legislation to require all defendants convicted of driving under the influence or reckless driving with alcohol or drugs be screened to determine if a defendant requires treatment for addiction and chemical dependency. +(d) California and the Centers for Medicare and Medicaid Services already require the use of the ASAM in other treatment settings. Under the federally approved Drug Medi-Cal Organized Delivery System waiver, counties will be required to use the ASAM tool with the Drug Medi-Cal population. +SEC. 2. +Section 11837 of the Health and Safety Code is amended to read: +11837. +(a) Pursuant to the provisions of law relating to suspension of a person’s privilege to operate a motor vehicle upon conviction for driving while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and any drug, as set forth in paragraph (3) of subdivision (a) of Section 13352 of the Vehicle Code, the Department of Motor Vehicles shall restrict the driving privilege pursuant to Section 13352.5 of the Vehicle Code, if the person convicted of that offense participates for at least 18 months in a driving-under-the-influence program that is licensed pursuant to this chapter. +(b) In determining whether to refer a person, who is ordered to participate in a program pursuant to Section 668 of the Harbors and Navigation Code, in a licensed alcohol and other drug education and counseling services program pursuant to Section 23538 of the Vehicle Code, or, pursuant to Section 23542, 23548, 23552, 23556, 23562, or 23568 of the Vehicle Code, in a licensed 18-month or 30-month program, the court may consider any relevant information about the person made available pursuant to a presentence investigation, that is permitted but not required under Section 23655 of the Vehicle Code, or other screening procedure. That information shall not be furnished, however, by any person who also provides services in a privately operated, licensed program or who has any direct interest in a privately operated, licensed program. In addition, the court shall obtain from the Department of Motor Vehicles a copy of the person’s driving record to determine whether the person is eligible to participate in a licensed 18-month or 30-month program pursuant to this chapter. When preparing a presentence report for the court, the probation department may consider the suitability of placing the defendant in a treatment program that includes the administration of nonscheduled nonaddicting medications to ameliorate an alcohol or controlled substance problem. If the probation department recommends that this type of program is a suitable option for the defendant, the defendant who would like the court to consider this option shall obtain from his or her physician a prescription for the medication, and a finding that the treatment is medically suitable for the defendant, prior to consideration of this alternative by the court. +(c) (1) The court shall, as a condition of probation pursuant to Section 23538 or 23556 of the Vehicle Code, refer a first offender whose concentration of alcohol in his or her blood was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter. +(2) Notwithstanding any other +provision of +law, in granting probation to a first offender described in this subdivision whose concentration of alcohol in the person’s blood was 0.20 percent or more, by weight, or the person refused to take a chemical test, the court shall order the person to participate, for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter. +(d) (1) The State Department of Health Care Services may specify in regulations the activities required to be provided in the treatment of participants receiving nine months of licensed program services under Section 23538 or 23556 of the Vehicle Code. +(2) Any program licensed pursuant to this chapter may provide treatment services to participants receiving at least six months of licensed program services under Section 23538 or 23556 of the Vehicle Code. +(e) The court may, subject to Section 11837.2, and as a condition of probation, refer a person to a licensed program, even though the person’s privilege to operate a motor vehicle is restricted, suspended, or revoked. An 18-month program described in Section 23542 or 23562 of the Vehicle Code or a 30-month program described in Section 23548, 23552, or 23568 of the Vehicle Code may include treatment of family members and significant other persons related to the convicted person with the consent of those family members and others as described in this chapter, if there is no increase in the costs of the program to the convicted person. +(f) The clerk of the court shall indicate the duration of the program in which the judge has ordered the person to participate in the abstract of the record of the court that is forwarded to the department. +(g) The court shall order, as a condition of probation for the following persons, the administration of the American Society for Addiction Medicine (ASAM) criteria to assess alcohol dependence and to inform the development of an individual’s comprehensive treatment plan: +(1) A first-time offender whose concentration of alcohol in his or her blood was 0.16 percent or greater. +(2) A person referred to an 18-month program described in Section 23542 or 23562 of the Vehicle Code. +(3) A person referred to a 30-month program described in Section 23548, 23552, or 23568 of the Vehicle Code. +(h) The entity administering the assessment required by subdivision (g) shall advise the person subject to the assessment of all of the following: +(1) That the person should consult with his or her physician to discuss the results of the assessment, including any medically necessary services. +(2) If the person’s physician determines that substance use disorder treatment is medically necessary, that the person should be referred to a licensed residential or certified outpatient treatment program. +(3) That there are medications approved by the Federal Drug Administration that can address alcohol dependence. +(i) The goal of the assessment required by subdivision (g) is to assist persons participating in the program to recognize their chemical dependency and to assist them in their recovery. +SECTION 1. +It is the intent of the Legislature to enact legislation that would require American Society of Addiction Medicine assessments for certain individuals who are repeat offenders of driving under the influence of alcohol or who were driving under the influence with excessive blood alcohol levels to determine if the individual needs treatment and to refer the individual for additional services, as appropriate, including, but not limited to, physician services, counseling, treatment facility services, and medication-assisted treatment for alcohol abuse.","Existing law makes it an offense to drive a vehicle while under the influence of alcohol. +Existing law requires the court to impose as a condition of probation for a conviction for a first violation of driving under the influence, in a county where the board of supervisors has approved, and the State Department of Health Care Services has licensed, a driving-under-the-influence program, that the driver successfully complete the program in the driver’s county of residence or employment, as designated by the court. Existing law provides that enrollment and participation in, and completion of, an approved program shall be subsequent to the date of the current violation. +This bill would require a court to impose an alcohol dependence assessment, as specified, as a condition of probation for a person in an 18-month or 30-month driving-under-the-influence program, or for a first offender who had a specified blood alcohol level. The bill would require the entity administering the assessment to advise the person, among other things, that there are medications that can address alcohol dependence, and that the person should consult his or her physician regarding the results of the assessment. The bill would state findings and declarations of the Legislature regarding driving under the influence. +This bill would express the intent of the Legislature to enact legislation that would require American Society of Addiction Medicine assessments for certain individuals who are repeat offenders of driving under the influence of alcohol or who were driving under the influence with excessive blood alcohol levels, to determine if the individual needs treatment, and to refer the individual for additional services, as appropriate, including, but not limited to, physician services, counseling, treatment facility services, and medication-assisted treatment for alcohol abuse.","An act +to amend Section 11837 of the Health and Safety Code, +relating to driving under the influence." +983,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds that this bill is necessary because of the unique circumstances affecting members of entities authorized in Division 21 (commencing with Section 58001) and Division 22 (commencing with Section 63901) of the Food and Agricultural Code as a result of involvement in the production, processing, or handling of agricultural products. +SEC. 2. +Section 58853 is added to the Food and Agricultural Code, to read: +58853. +(a) Notwithstanding Section 11123 of the Government Code, all of the following shall apply to a meeting held by teleconference under this chapter by an advisory board: +(1) A member of the advisory board participating by teleconference shall be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting. +(2) The advisory board shall designate a primary physical meeting location where participants may physically attend the meeting and participate. At least one member of the advisory board shall be in attendance at the primary physical meeting location. +(3) The teleconference phone number, and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, shall be included in the agenda, which shall be available to the public. +(b) Nothing in this section shall exempt the advisory board from providing information regarding the physical location of an advisory board meeting or any teleconference participation information, including the identity of an advisory board member who might be participating by teleconference. +(c) Prior to holding a meeting by teleconference pursuant to this section, the advisory board shall adopt teleconferencing guidelines to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation. +SEC. 3. +Section 63906 is added to the Food and Agricultural Code, to read: +63906. +(a) Notwithstanding Section 11123 of the Government Code, all of the following shall apply to a meeting held by teleconference under this division by a commission or council: +(1) A member of the commission or council participating by teleconference shall be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting. +(2) The commission or council shall designate a primary physical meeting location where participants may physically attend the meeting and participate. At least one member of the commission or council shall be in attendance at the primary physical meeting location. +(3) The teleconference phone number, and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, shall be included in the agenda, which shall be available to the public. +(b) Nothing in this section shall exempt the commission or council from providing information regarding the physical location of a commission or council meeting or any teleconference participation information, including the identity of a commission or council member who might be participating by teleconference. +(c) Prior to holding a meeting by teleconference pursuant to this section, the commission or council shall adopt teleconferencing guidelines to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation. +SEC. 4. +Section 67039 of the Food and Agricultural Code is amended to read: +67039. +“Producer” or “grower” means any person who is engaged within this state in the business of producing, or causing to be produced, avocados for market. “Producer” or “grower” does not include any person who has an average annual production of less than 10,000 pounds of avocados in the three preceding marketing years. +SEC. 5. +Section 67051 of the Food and Agricultural Code is amended to read: +67051. +(a) There is in the state government the California Avocado Commission. +(b) The commission shall be composed of the following members: +(1) (A) If the commission consists of three districts, nine producers who are not handlers, three elected from each district. +(B) If the commission consists of four districts, eight producers who are not handlers, two elected from each district. +(C) If the commission consists of five districts, 10 producers who are not handlers, two elected from each district. +(2) Two avocado handlers elected on a statewide basis. +(3) One public member who shall be appointed to the commission by the secretary from nominees recommended by the commission. +(4) The secretary who shall be a nonvoting ex officio member of the commission. +SEC. 6. +Section 67051.1 of the Food and Agricultural Code is repealed. +SEC. 7. +Section 67052 of the Food and Agricultural Code is amended to read: +67052. +(a) Each district shall have one alternate producer member, to be elected in the same manner as producer members. +(b) The alternate producer member shall, in the absence of a producer member from the same district, sit in place of the absent producer member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the producer member when sitting on the commission. +SEC. 8. +Section 67052.3 of the Food and Agricultural Code is amended to read: +67052.3. +(a) There shall be one alternate handler member to be elected in the same manner as the handler members. +(b) The alternate handler member shall, in the absence of a handler member, sit in place of the absent handler member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the handler member when sitting on the commission. +SEC. 9. +Section 67053 of the Food and Agricultural Code is amended to read: +67053. +(a) Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate member to continue in his or her position due to a change in status making him or her ineligible to serve, or through death, removal, or resignation, shall be filled, for the unexpired portion of the term, by a majority vote of the commission. +(b) Any person filling a vacant member or alternate member position shall meet all the qualifications set forth in this article as required for the member whose office he or she is to fill. +SEC. 10. +Section 67054 of the Food and Agricultural Code is amended to read: +67054. +(a) Producer members and alternate producer members on the commission shall have a financial interest in producing, or causing to be produced, avocados for market. In order to be elected a member or alternate member, a producer shall, at the time of the election, have a financial interest in the production of avocados within the district in which the producer stands for election. +(b) A producer may stand for election in any district in which the producer has a financial interest in the production of avocados. +(c) Handler members and the alternate handler members shall have a financial interest in handling avocados for markets. To be nominated and elected, a handler or alternate handler shall handle no less than 1 percent of the total industry volume of avocados in the preceding marketing year. Any handler elected to the commission pursuant to this section shall be required to maintain his or her eligibility under this section during his or her entire term of office. +(d) The public member shall not have any financial interest in the avocado industry. Except for the nomination of another public member, the public member and his or her alternate member on the commission shall have all the powers, rights, and privileges of any other member on the commission. +SEC. 11. +Section 67059 of the Food and Agricultural Code is amended to read: +67059. +Unless otherwise specified, a quorum of the commission shall be any nine voting members if the commission consists of three or four districts and any 10 voting members if the commission consists of five districts. The vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the commission. +SEC. 12. +Section 67081 of the Food and Agricultural Code is amended to read: +67081. +(a) The secretary shall establish a list of producers in each district. In establishing the lists, the secretary shall require that handlers in the state submit the names, mailing addresses, grove location, and handled volume of each producer from whom they purchased or handled avocados in the preceding marketing season. The request for information from handlers shall be in writing and shall be filed by the handlers within 60 days following receipt of the written request. +(b) Any producer of avocados whose name does not appear upon the secretary’s list of producers may have his or her name established on the list by filing with the commission a signed statement, identifying himself or herself as a producer. Failure to be on the list does not exempt the producer from paying assessments under this chapter. +SEC. 13. +Section 67132 of the Food and Agricultural Code is amended to read: +67132. +Upon the finding of nine voting members of the commission if the commission consists of three or four districts, or of 10 voting members of the commission if the commission consists of five districts, that this chapter has not tended to effectuate its declared purposes, the commission may recommend to the secretary that the operations of the commission shall be suspended, provided that the suspension shall not become effective until the expiration of the current marketing season. The secretary shall, upon receipt of the recommendation, or upon a petition filed with him or her requesting the suspension, signed by 15 percent of the producers by number who produced not less than 15 percent of the volume in the immediately preceding year, cause a referendum to be conducted among the listed producers to determine if the operation of this chapter and the operations of the commission shall be suspended, and shall establish a referendum period, which shall not be less than 10 days nor more than 60 days in duration. The secretary is authorized to prescribe any additional procedure necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers, on a list established by the secretary marketing 40 percent of the total volume marketed by all producers during the last completed marketing season, participate in the referendum, the secretary shall suspend this chapter upon the expiration of the current marketing season, if he or she finds either one of the following: +(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of the suspension, and the producers so voting marketed 51 percent or more of the total quantity of avocados marketed in the preceding marketing season by all of the producers who voted in the referendum. +(b) Fifty-one percent or more of the producers who voted in the referendum voted in favor of suspension, and the producers so voting marketed 65 percent or more of the total quantity of avocados marketed in the preceding season by all of the producers who voted in the referendum. +SEC. 14. +The Legislature finds and declares that Sections 2 and 3 of this act, which add Sections 58853 and 63906 to the Food and Agricultural Code, impose a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by these limitations and the need for protecting that interest: +In order for food and agriculture marketing order advisory boards and agricultural and seafood industry councils and commissions to hold meetings and make timely decisions, it is in the state’s interest to revise the requirements for teleconferences for these boards, councils, and commissions in order to encourage participation by directors. Many of these directors are located in remote locations in the state that are difficult for the public to access and the directors may need to participate from a nonstationary location.","Existing law establishes the California Avocado Commission within the state government, and requires the commission to establish no fewer than 3 districts and no more than 5 districts within the state, each representing approximately the same percentage of avocado production in California. Existing law requires the commission to consist of a specified number of producers who are not handlers, based on the number of districts the commission establishes, 4 handlers who are elected on a statewide basis, one public member, and the Secretary of Food and Agriculture, and requires there to be 2 alternate handler members. Existing law requires a vacancy of a member position on the commission to be filled by the alternate member. Existing law authorizes certain handlers who handle a specified percentage of volume of avocados to appoint one handler member to the commission and the other handlers to nominate and elect the remaining handler members. +This bill would instead require that a vacancy of a member position be filled by a majority vote of the commission. The bill would decrease the number of handlers on the commission to 2 members and the number of alternate handler members to one member. The bill would remove the authorization for specified handlers to appoint a handler member. +Existing law requires producer members and alternate producer members, at the time of the election, to have a financial interest in producing, or causing to be produced, avocados for market within the district in which the producer stands for election. Existing law prohibits a producer who chooses to stand for election in a particular district from standing for election in any other district for a period of 4 years from the date of his or her most recent election to the commission. +This bill would delete this prohibition on the producer. The bill would specify that, for these purposes, a producer or grower would not include a person who has an average annual production of less than 10,000 pounds of avocados in the 3 preceding marketing years. The bill would require that, to be nominated and elected to the commission, a handler or alternate handler handle no less than 1% of the total industry volume of avocados in the preceding marketing year. +Existing law provides that a quorum of the commission is 11 voting members if the commission consists of 3 or 5 districts, and is 10 voting members if the commission consists of 4 districts. Existing law authorizes the commission to recommend to the secretary that the operations of the commission be suspended upon a specified finding of 11 voting members if the commission consists of 3 or 5 districts, or 10 voting members if the commission consists of 4 districts. +This bill would instead provide that a quorum of the commission is 9 voting members if the commission consists of 3 or 4 districts, and is 10 voting members if the commission consists of 5 districts. The bill would make a similar change to the authorization of the commission to recommend suspension of its operations. +Existing law requires the secretary to establish a list of producers in each district and, in establishing the lists, requires handlers to file, within 90 days following receipt of a written request by the secretary, certain information about each producer from whom the handler purchased or handled avocados. +This bill would require handlers to file the information, including the grove location of each producer instead of district numbers, within 60 days. +Existing law, the California Marketing Act of 1937, authorizes the Secretary of Food and Agriculture to issue marketing orders which regulate producer marketing, the processing, distributing, or handling in any manner of any commodity by any and all persons that are engaged in the producer marketing, processing, distributing, or handling of the commodity within this state. The act requires that any marketing order issued pursuant to the act provide for the establishment of an advisory board to assist the secretary in the administration of any marketing order, as prescribed. Existing law also establishes various commissions and councils to advance the interests of the state’s agricultural and seafood industries to provide benefit to the entire industry and all the people of this state. +Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body, as defined, be open and public and all persons be permitted to attend any meeting of a state body. Existing law requires a state body subject to the open meeting requirements of the act that conducts a meeting or proceeding by teleconference to post agendas at all teleconference locations and requires each teleconference location to be accessible to the public. The act also requires the state body to provide an opportunity for members of the public to address the state body directly from any teleconference location. +This bill would require that, for a meeting held by teleconference by a marketing order advisory board or an agricultural or seafood industry council or commission, a member of the advisory board, council, or commission participating by teleconference be listed in the minutes of the meeting and would require the member to provide notice of his or her participation by teleconference at least 24 hours before the meeting. The bill would require the advisory board, council, or commission to designate a primary physical meeting location and would require at least one member of the advisory board, council, or commission to be in attendance at the primary physical meeting location. The bill would require the teleconference phone number and other specified information to be included in the agenda and would require the agenda to be open to the public. The bill would require the advisory board, council, or commission to adopt certain teleconferencing guidelines prior to holding a meeting by teleconference. +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to amend Sections 67039, 67051, 67052, 67052.3, 67053, 67054, 67059, 67081, and 67132 of, to add Sections 58853 and 63906 to, and to repeal Section 67051.1 of, the Food and Agricultural Code, relating to food and agriculture." +984,"The people of the State of California do enact as follows: + + +SECTION 1. +Part 4.2 (commencing with Section 1420) is added to Division 2 of the Labor Code, to read: +PART 4.2. Property Service Workers Protection +1420. +For purposes of this part: +(a) (1) “Covered worker” means a janitor, including any individual predominantly working, whether as an employee, independent contractor, or a franchisee, as a janitor, as that term is defined in the Service Contract Act Directory of Occupations maintained by the United State Department of Labor. +(2) “Covered worker” does not include any individual whose work duties are predominantly final cleanup of debris, grounds, and buildings near the completion of a construction, alteration, demolition, installation, or repair work project, including, but not limited to, street cleaners. +(b) “Current and valid registration” means an active registration pursuant to this part that is not expired or revoked. +(c) “Department” means the Department of Industrial Relations. +(d) “Director” means the Director of Industrial Relations. +(e) (1) “Employer” means any person or entity that employs at least one employee and one or more covered workers and that enters into contracts, subcontracts, or franchise arrangements to provide janitorial services. The term “employer” includes the term “covered successor employer.” +(2) “Covered successor employer” means an employer who meets one or more of the following criteria: +(A) Uses substantially the same equipment, supervisors, and workforce to offer substantially the same services to substantially the same clients as a predecessor employer, unless the employer maintains the same workforce pursuant to Chapter 4.5 (commencing with Section 1060) of Part 3. In addition, an employer who has operated with a current and valid registration for at least the preceding three years shall not be considered a covered successor employer for using substantially the same equipment, supervisors, and workforce to substantially the same clients, if all of the following apply: +(i) The individuals in the workforce were not referred or supplied for employment by the predecessor employer to the successor employer. +(ii) The successor employer has not had any interest in, or connection with, the operation, ownership, management, or control of the business of the predecessor employer within the preceding three years. +(B) Shares in the ownership, management, control of the workforce, or interrelations of business operations with the predecessor employer. +(C) Is an immediate family member of any owner, partner, officer, licensee, or director of the predecessor employer or of any person who had a financial interest in the predecessor employer. “Immediate family member” means a spouse, parent, sibling, son, daughter, uncle, aunt, niece, nephew, grandparent, grandson, granddaughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, or cousin. +(f) “Commissioner” means the Labor Commissioner of the Division of Labor Standards Enforcement of the department. +(g) “Supervisor” has the same meaning as in subdivision (t) of Section 12926 of the Government Code. +1421. +Every employer shall keep accurate records for three years, showing all of the following: +(a) The names and addresses of all employees engaged in rendering actual services for any business of the employer. +(b) The hours worked daily by each employee, including the times the employee begins and ends each work period. +(c) The wage and wage rate paid each payroll period. +(d) The age of all minor employees. +(e) Any other conditions of employment. +1422. +The Division of Labor Standards Enforcement shall enforce this part. The commissioner may adopt any regulations necessary to carry out this part. +1423. +Effective July 1, 2018, every employer shall register with the commissioner annually. +1424. +When a certificate of current and valid registration is originally issued or renewed under this part, the Division of Labor Standards Enforcement shall provide related and supplemental information to the registrant regarding business administration and applicable labor laws. As of July 1, 2018, employers covered by this part shall provide all covered workers a copy of the Department of Fair Employment and Housing pamphlet DFEH-185, entitled “Sexual Harassment,” until the sexual violence and harassment prevention training requirement is established pursuant to Section 1429.5. +1425. +Proof of current and valid registration shall be by an official Division of Labor Standards Enforcement registration form. +1426. +At least 60 days prior to the expiration of each registrant’s registration, the Division of Labor Standards Enforcement shall send a renewal notice to the last known address of the registrant. However, omission of the Division of Labor Standards Enforcement to provide the renewal notice in accordance with this section shall not excuse a registrant from making timely application for renewal of registration, shall not be a defense in any action or proceeding involving failure to renew registration, and shall not subject the Division of Labor Standards Enforcement to any legal liability. +1427. +The Division of Labor Standards Enforcement shall collect from each employer an initial nonrefundable application fee of five hundred dollars ($500), and an annual fee of five hundred dollars ($500) on the anniversary date of initial application, and may periodically adjust the registration fee in an amount sufficient to fund all direct and indirect costs to administer and enforce this part. +1428. +An employer shall not conduct any business without complying with the registration requirements of this part. The commissioner may revoke a registration if he or she finds an employer to be out of compliance with any requirement of this part or to have failed to satisfy any of the conditions of Section 1429. +1429. +The Division of Labor Standards Enforcement shall not approve the registration of any employer until all of the following conditions are satisfied: +(a) The employer has executed a written application, in a form prescribed by the commissioner and subscribed and sworn to by the employer containing the following: +(1) The name of the business entity and, if applicable, its fictitious or “doing business as” name. +(2) The form of the business entity and, if a corporation, all of the following: +(A) The date of incorporation. +(B) The state in which incorporated. +(C) If a foreign corporation, the date the articles of incorporation were filed with the California Secretary of State. +(D) Whether the corporation is in good standing with the California Secretary of State. +(3) The federal employer identification number (FEIN) and the state employer identification number (SEIN) of the business. +(4) The address of the business and the telephone number and, if applicable, the addresses and telephone numbers of any branch locations. +(5) Whether the application is for a new or renewal registration and, if the application is for a renewal, the prior registration number. +(6) The names, residential addresses, telephone numbers, and social security numbers of the following persons: +(A) All corporate officers, if the business entity is a corporation. +(B) All persons exercising management responsibility in the applicant’s office, regardless of form of business entity. +(C) All persons, except bona fide employees on regular salaries, who have a financial interest of 10 percent or more in the business, regardless of the form of business entity, and the actual percent owned by each of those persons. +(7) The policy number, effective date, expiration date, and name and address of the carrier of the applicant business’ current workers’ compensation coverage. +(8) (A) Whether the employer and any persons named in response to subparagraph (A), (B), or (C) of paragraph (6) presently: +(i) Owe any unpaid wages. +(ii) Have unpaid judgments outstanding. +(iii) Have any liens or suits pending in court against himself or herself. +(iv) Owe payroll taxes, or personal, partnership, or corporate income taxes, Social Security taxes, or disability insurance. +(B) An applicant who answers affirmatively to any item described in subparagraph (A) shall provide, as part of the application, additional information on the unpaid amounts, including the name and address of the party owed, the amount owed, and any existing payment arrangements. +(9) (A) Whether the employer and any persons named in response to subparagraph (A), (B), or (C) of paragraph (6) have ever been cited or assessed any penalty for violating any provision of this code. +(B) An applicant who answers affirmatively to any item described in subparagraph (A) shall provide additional information, as part of the application, on the date, nature of citation, amount of penalties assessed for each citation, and the disposition of the citation, if any. The application shall describe any appeal filed. If the citation was not appealed, or if it was upheld on appeal, the applicant shall state whether the penalty assessment was paid. +(10) Effective January 1, 2020, all new applications for registration and renewal of registration shall complete the sexual violence and harassment prevention training requirements prescribed by the division and developed pursuant to Section 1429.5. +(11) Such other information as the commissioner requires for the administration and enforcement of this part. +(b) The employer has paid a registration fee to the Division of Labor Standards Enforcement pursuant to Section 1427. +(c) Notwithstanding any other law, violation of this section shall not be a crime. +1429.5. +The Division of Labor Standards Enforcement shall establish a biennial in-person sexual violence and harassment prevention training requirement for employees and employers covered by this part by January 1, 2019. To assist in developing these standards, the director shall convene an advisory committee to recommend requirements for a sexual harassment prevention training program. The advisory committee shall be composed of representatives of the Division of Labor Standards Enforcement, the Division of Occupational Safety and Health, and the Department of Fair Employment and Housing, and shall also include representatives from a recognized or certified collective bargaining agent that represents janitorial workers, employers, labor-management groups in the janitorial industry, sexual assault victims advocacy groups, and other related subject matter experts. The director shall convene the advisory committee no later than July 1, 2017. The advisory committee shall consider the requirements of Section 12950.1 of the Government Code when developing the recommended standard. The Division of Labor Standards Enforcement shall propose the requirements for the sexual violence and harassment prevention training requirement no later than January 1, 2018. +1430. +The Division of Labor Standards Enforcement shall not register or renew the registration of an employer in any of the following circumstances: +(a) The employer has not fully satisfied any final judgment for unpaid wages due to an employee or former employee of a business for which the employer is required to register under this chapter. +(b) The employer has failed to remit the proper amount of contributions required by the Unemployment Insurance Code or the Employment Development Department has made an assessment for those unpaid contributions against the employer that has become final and the employer has not fully paid the amount of delinquency for those unpaid contributions. +(c) The employer has failed to remit the amount of Social Security and Medicare tax contributions required by the Federal Insurance Contributions Act (FICA) to the Internal Revenue Service and the employer has not fully paid the amount or delinquency for those unpaid contributions. +1431. +The commissioner shall maintain a public database of property service employers, on the Internet Web site of the department, including the name, address, registration number, and effective dates of registration. +1432. +(a) An employer who fails to register pursuant to Section 1423 is subject to a civil fine of one hundred dollars ($100) for each calendar day that the employer is unregistered, not to exceed ten thousand dollars ($10,000). +(b) Any person or entity that contracts with an employer who lacks a current and valid registration, as displayed on the online registration database at the time the contract is executed, extended, renewed, or modified, under this part on the date the person or entity enters into or renews a contract or subcontract for janitorial services with the employer is subject to a civil fine of not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000) in the case of a first violation, and a civil fine of not less than ten thousand dollars ($10,000) nor more than twenty-five thousand dollars ($25,000) for a subsequent violation. +(c) Notwithstanding any other provision of law, the authority to enforce this section is vested exclusively with the commissioner. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1. +1433. +(a) All registration fees collected pursuant to Section 1427, all civil fines collected pursuant to Section 1432, and any other moneys as are designated by statute or order shall be deposited in the Labor Enforcement and Compliance Fund. +(b) Moneys deposited in the fund pursuant to Section 1427 and Section 1432 shall be used only for the following purposes: +(1) The reasonable costs of administering the registration of janitorial contractors pursuant to this part by the Division of Labor Standards and Enforcement. +(2) The costs and obligations associated with the administration and enforcement of this part by the Division of Labor Standards and Enforcement. +(c) The annual employer registration renewal fee specified in of Section 1427, and any adjusted application renewal fee, shall be set in amounts that are sufficient to support the direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this part. +1434. +A successor employer is liable for any wages and penalties its predecessor employer owes to any of the predecessor employer’s former employee or employees, if the successor employer meets any of the following criteria: +(a) Uses substantially the same workforce to offer substantially the same services as the predecessor employer. This factor does not apply to employers who maintain the same workforce pursuant to Chapter 4.5 (commencing with Section 1060) of Part 3. +(b) Shares in the ownership, management, control of the labor relations, or interrelations of business operations with the predecessor employer. +(c) Employs in a managerial capacity any person who directly or indirectly controlled the wages, hours, or working conditions of the affected employees of the predecessor employer. +(d) Is an immediate family member of any owner, partner, officer, or director of the predecessor employer of any person who had a financial interest in the predecessor employer.","Existing law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. Existing law establishes within the department the Division of Labor Standards Enforcement, which is vested with the general duty of enforcing labor laws, including those relating to wage claims and employer retaliation. +This bill would require every employer subject to its provisions to keep accurate records of specific information regarding employees for 3 years. The bill would require the division to enforce its provisions and would authorize the Labor Commissioner, who is the chief of the division, to adopt any regulations necessary to carry out the provisions of the bill. +The bill would require every employer, effective July 1, 2018, to register annually with the Labor Commissioner in accordance with prescribed procedures. The bill would prohibit an employer from conducting any business without registration as required by the bill and would authorize the commissioner to revoke a registration under certain circumstances. The bill would set application and renewal fees for registration. +The bill would require an employer to include specific information in the registration application. The bill would prohibit the division from granting registration under specific circumstances. The bill would require the commissioner to maintain on the department’s Internet Web site a public database of registered property service employers. +The bill would require the division, by January 1, 2019, to establish a biennial in-person sexual violence and harassment prevention training requirement for employees and employers with the assistance of a prescribed advisory committee to be convened by the director. The bill would require employers, as of July 1, 2018, and until the division establishes that training requirement, to provide employees with a pamphlet of the Department of Fair Employment and Housing on sexual harassment. +The bill would establish civil fines for specific violations of its provisions and vest in the commission the exclusive authority to enforce the civil fine provisions. The bill would require the deposit of registration fees and civil fines in the Labor Enforcement and Compliance Fund and would direct that the moneys in the fund from those fees and fines be used only for the reasonable costs of administering the registration of janitorial contractors and the costs and obligations associated with the administration and enforcement of the bill by the division.","An act to add Part 4.2 (commencing with Section 1420) to Division 2 of the Labor Code, relating to employment." +985,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) (1) Water and energy resources are inextricably connected. This relationship is known as the water-energy nexus. +(2) The energy used to drive California’s water system, including, but not limited to, the fuels used to power groundwater pumps, transportation, treatment and disposal systems for water and wastewater, heating and cooling of water in buildings and other facilities, the delivery of water, and end uses, accounts for nearly 20 percent of the total electricity usage and 30 percent of nonpower-related natural gas consumed, and there are known gaps in quantifying greenhouse gas emissions associated with that energy use. +(3) Consequently, saving water saves energy and vice versa. +(4) Because the production of energy often results in the emissions of greenhouse gases, there is substantial potential for emission reductions in the water system. +(b) While energy use has historically been a fundamental element in the planning and development of California’s water supply systems, there are new opportunities for improving this linkage to reduce water-related greenhouse gas emissions. New projects that best serve water and energy investments can maximize greenhouse gas emissions reductions. +SEC. 2. +Section 39719 of the +Health and Safety Code +is amended to read: +39719. +(a)The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712. +(b)To carry out a portion of the requirements of subdivision (a), annual proceeds are continuously appropriated for the following: +(1)Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as following: +(A)Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code. +(B)Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Funds shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code. +(C)Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds, shall be expended for affordable housing, consistent with the provisions of that program. +(2)Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code: +(A)Acquisition and construction costs of the project. +(B)Environmental review and design costs of the project. +(C)Other capital costs of the project. +(D)Repayment of any loans made to the authority to fund the project. +(3)Beginning in the 2017–18 fiscal year, notwithstanding Section 13340 of the Government Code, the sum of two hundred million dollars ($200,000,000) annually is hereby continuously appropriated from the fund to the State Water Resources Control Board to develop and implement the grant and low-interest loan program for water projects that result in the net reduction of water-related greenhouse gas emissions pursuant to Section 189.7 of the Water Code. +(c)In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the funds subject to Section 39719.1 shall not be included. +SEC. 3. +SEC. 2. +Section 189.7 is added to the Water Code, to read: +189.7. +(a) The board, in coordination with the State Energy Resources Conservation and Development Commission, the Public Utilities Commission, and the department, shall develop and implement a grant and low-interest loan program for water projects that result in the net reduction of water-related greenhouse gas emissions. +(b) Project categories eligible for funding under the program include, but need not be limited to, the following: +(1) Local water projects, including, but not limited to, water recycling, stormwater capture and reuse, groundwater cleanup, seawater and brackish water desalination, and water conservation. +(2) Precision or water efficient irrigation and control technologies. +(3) Clean energy generation by water and wastewater treatment plants. +(4) Replacement of existing water pumps with more energy-efficient water pumps. +(5) Leak detection in water distribution pipelines and associated repairs. +(6) Water appliance efficiency. +(c) In order to be eligible for funding under the program, projects shall result in the net reduction of water-related greenhouse gas emissions, including, but not limited to, the emissions associated with pumping or transporting water. +(d) In awarding grants or low-interest loans, the board shall consider whether the proposed project helps achieve the state policy established in Section 85021 by reducing reliance on the Delta in meeting California’s future water supply needs. +(e) Any public moneys made available for the program to private water companies regulated by the Public Utilities Commission shall be used for the benefit of the ratepayers or the public, and not the investors of the companies, and shall be subject to oversight by the Public Utilities Commission. +(f) The board may adopt guidelines it determines are necessary to implement this section. A guideline adopted pursuant to this subdivision is not subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.","Existing law, the California Global Warming Solutions Act of 2006, designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. +Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to the reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund and to be used, upon appropriation by the Legislature, for specified purposes, including the reduction of greenhouse gas emissions associated with water use and supply. +The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. +This bill would require the State Water Resources Control Board, in coordination with the State Energy Resources Conservation and Development Commission, the Public Utilities Commission, and the Department of Water Resources, to develop and implement a grant and low-interest loan program for water projects that result in the net reduction of water-related greenhouse gas emissions. +The bill would continuously appropriate $200,000,000 annually from the Greenhouse Gas Reduction Fund to the State Water Resources Control Board to develop and implement the grant and low-interest loan program.","An act +to amend Section 39719 of the Health and Safety Code, and +to add Section 189.7 to the Water Code, relating to +water, and making an appropriation therefor. +water." +986,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares that Section 2 of this act, which adds Section 1524.4 to the Penal Code, is intended to reduce investigation time and facilitate efficient communication between law enforcement personnel and electronic communication service providers that provide service to the general public and that have received requests from law enforcement personnel for electronic communication and electronic communication information subject to the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code). It shall not be construed to apply to a person or entity solely on the basis that the person or entity is a subscriber to an electronic communication service or a customer of an electronic communication service provider. +SEC. 2. +Section 1524.4 is added to the Penal Code, to read: +1524.4. +(a) This section applies to a service provider that is subject to the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546)) and that operates in California. This section does not apply to a service provider that does not offer services to the general public. +(b) (1) Every service provider described in subdivision (a) shall maintain a law enforcement contact process that meets the criteria set forth in paragraph (2). +(2) Every service provider described in subdivision (a) shall ensure, at a minimum, that its law enforcement contact process meets all of the following criteria: +(A) Provides a specific contact mechanism for law enforcement personnel. +(B) Provides continual availability of the law enforcement contact process. +(C) Provides a method to provide status updates to a requesting law enforcement agency on a request for assistance. +(3) Every service provider described in subdivision (a) shall, by July 1, 2017, file a statement with the Attorney General describing the law enforcement contact process maintained pursuant to paragraph (1). If a service provider makes a material change to its law enforcement contact process, the service provider shall, as soon as practicable, file a statement with the Attorney General describing its new law enforcement contact process. +(c) The Attorney General shall consolidate the statements received pursuant to this section into one discrete record and regularly make that record available to local law enforcement agencies. +(d) The exclusive remedy for a violation of this section shall be an action brought by the Attorney General for injunctive relief. Nothing in this section shall limit remedies available for a violation of any other state or federal law. +(e) A statement filed or distributed pursuant to this section is confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). +SEC. 3. +The Legislature finds and declares that Section 2 of this act, which adds Section 1524.4 to the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +In order to protect the internal processes of private businesses from unnecessary intrusion and facilitate contact between law enforcement and private businesses regarding access to information that will protect public health and safety, it is necessary to limit access to statements filed by service providers that describe the service providers’ law enforcement contact processes. +SEC. 4. +The Legislature finds and declares that Section 2 of this act, which adds Section 1524.4 to the Penal Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: +By facilitating contact between law enforcement and service providers regarding access to information that will protect public health and safety and by appropriately limiting access to internal business processes, this bill furthers the purpose of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","Existing law authorizes a court or magistrate to issue a warrant for the search of a place and the seizure of property or things identified in the warrant if there is probable cause to believe that specified grounds exist. +This bill would require service providers to maintain a law enforcement contact process that meets specified criteria and, by July 1, 2017, file a statement with the Attorney General describing that process. The bill would require a service provider to file a statement with the Attorney General describing any material change to its process as soon as practicable after making that change. The bill would require the Attorney General to consolidate the statements received pursuant to these provisions in one discrete record and regularly make that record available to law enforcement agencies. The bill would make the statements confidential and prohibit their disclosure pursuant to any state law. By increasing the duties of local law enforcement agencies to maintain confidential records, the bill would impose a state-mandated local program. +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect. +The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. +This bill would make legislative findings to that effect. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 1524.4 to the Penal Code, relating to law enforcement." +987,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2089.7 is added to the Fish and Game Code, to read: +2089.7. +The department may authorize the taking of the Owens pupfish in the Owens River watershed if the take is authorized under an agreement pursuant to this article. +SEC. 2. +Section 5515 of the Fish and Game Code is amended to read: +5515. +(a) (1) Except as provided in this section or Section 2081.6, 2081.7, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. +(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. +(3) A legally imported fully protected fish may be possessed under a permit issued by the department. +(b) The following are fully protected fish: +(1) Colorado River squawfish (Ptychocheilus lucius). +(2) Thicktail chub (Gila crassicauda). +(3) Mohave chub (Gila mohavensis). +(4) Lost River sucker (Catostomus luxatus). +(5) Modoc sucker (Catostomus microps). +(6) Shortnose sucker (Chasmistes brevirostris). +(7) Humpback sucker (Xyrauchen texanus). +(8) Owens pupfish (Cyprinoden radiosus). +(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). +(10) Rough sculpin (Cottus asperrimus). +SEC. 2.1. +Section 5515 of the Fish and Game Code is amended to read: +5515. +(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. +(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. +(3) A legally imported fully protected fish may be possessed under a permit issued by the department. +(b) The following are fully protected fish: +(1) Colorado River squawfish (Ptychocheilus lucius). +(2) Thicktail chub (Gila crassicauda). +(3) Mohave chub (Gila mohavensis). +(4) Lost River sucker (Catostomus luxatus). +(5) Modoc sucker (Catostomus microps). +(6) Shortnose sucker (Chasmistes brevirostris). +(7) Humpback sucker (Xyrauchen texanus). +(8) Owens pupfish (Cyprinoden radiosus). +(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). +(10) Rough sculpin (Cottus asperrimus). +SEC. 2.2. +Section 5515 of the Fish and Game Code is amended to read: +5515. +(a) (1) Except as provided in this section or Section 2081.6, 2081.7, 2081.10, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. +(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. +(3) A legally imported fully protected fish may be possessed under a permit issued by the department. +(b) The following are fully protected fish: +(1) Colorado River squawfish (Ptychocheilus lucius). +(2) Thicktail chub (Gila crassicauda). +(3) Mohave chub (Gila mohavensis). +(4) Lost River sucker (Catostomus luxatus). +(5) Modoc sucker (Catostomus microps). +(6) Shortnose sucker (Chasmistes brevirostris). +(7) Humpback sucker (Xyrauchen texanus). +(8) Owens pupfish (Cyprinoden radiosus). +(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). +(10) Rough sculpin (Cottus asperrimus). +SEC. 2.3. +Section 5515 of the Fish and Game Code is amended to read: +5515. +(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. +(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. +(3) A legally imported fully protected fish may be possessed under a permit issued by the department. +(b) The following are fully protected fish: +(1) Colorado River squawfish (Ptychocheilus lucius). +(2) Thicktail chub (Gila crassicauda). +(3) Mohave chub (Gila mohavensis). +(4) Lost River sucker (Catostomus luxatus). +(5) Modoc sucker (Catostomus microps). +(6) Shortnose sucker (Chasmistes brevirostris). +(7) Humpback sucker (Xyrauchen texanus). +(8) Owens pupfish (Cyprinoden radiosus). +(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). +(10) Rough sculpin (Cottus asperrimus). +SEC. 3. +(a) Section 2.1 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 1845. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) Assembly Bill 2488 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1845, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative. +(b) Section 2.2 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 2488. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) Assembly Bill 1845 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2488 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative. +(c) Section 2.3 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by this bill, Assembly Bill 1845, and Assembly Bill 2488. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 5515 of the Fish and Game Code, and (3) this bill is enacted after Assembly Bill 1845 and Assembly Bill 2488, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.","Existing law prohibits the taking or possession of a fully protected fish, except as provided, and designates the Owens pupfish as a fully protected fish. Under existing law, the Department of Fish and Wildlife is authorized to permit the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. +Existing law, the California State Safe Harbor Agreement Program Act, establishes a program to encourage landowners to manage their lands voluntarily, by means of state safe harbor agreements approved by the Department of Fish and Wildlife, to benefit endangered, threatened, or candidate species without being subject to additional regulatory restrictions as a result of their conservation efforts. The act authorizes the department to authorize specified acts that are otherwise prohibited pursuant to the California Endangered Species Act by entering into a safe harbor agreement. Under existing law, the act remains in effect until January 1, 2020. +This bill would authorize the department to permit the taking of the Owens pupfish in the Owens River watershed if the take is authorized under a safe harbor agreement. +This bill would incorporate additional changes to Section 5515 of the Fish and Game Code, proposed by AB 1845 and AB 2488, that would become operative only if this bill and either or both of those bills are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Section 5515 of, and to add Section 2089.7 to, the Fish and Game Code, relating to fish." +988,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 82002 of the Government Code is amended to read: +82002. +(a) “Administrative action” means any of the following: +(1) The proposal, drafting, development, consideration, amendment, enactment, or defeat by any state agency of any rule, regulation, or other action in any ratemaking proceeding or any quasi-legislative proceeding, which shall include any proceeding governed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. +(2) With regard only to placement agents, the decision by any state agency to enter into a contract to invest state public retirement system assets on behalf of a state public retirement system. +(3) For purposes of proceedings before the California Coastal Commission, the proposal, drafting, development, consideration, amendment, enactment, or defeat of any rule, regulation, permit action, federal consistency review, appeal, local coastal program, port master plan, public works plan, long-range development plan, or categorical or other exclusion from coastal development permit requirements. +(b) “Ratemaking proceeding” means, for the purposes of a proceeding before the Public Utilities Commission, any proceeding in which it is reasonably foreseeable that a rate will be established, including, but not limited to, general rate cases, performance-based ratemaking, and other ratesetting mechanisms. +(c) “Quasi-legislative proceeding” means, for purposes of a proceeding before the Public Utilities Commission, any proceeding that involves consideration of the establishment of a policy that will apply generally to a group or class of persons, including, but not limited to, rulemakings and investigations that may establish rules affecting an entire industry. +SEC. 2. +Section 82039 of the Government Code is amended to read: +82039. +(a) “Lobbyist” means either of the following: +(1) Any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, or whose principal duties as an employee are, to communicate directly or through his or her agents with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative action. +(2) A placement agent, as defined in Section 82047.3. +(b) An individual is not a lobbyist by reason of activities described in Section 86300. +(c) For the purposes of subdivision (a), a proceeding before the Public Utilities Commission constitutes “administrative action” if it meets any of the definitions set forth in subdivision (b) or (c) of Section 82002. However, a communication made for the purpose of influencing this type of Public Utilities Commission proceeding is not within subdivision (a) if the communication is made at a public hearing, public workshop, or other public forum that is part of the proceeding, or if the communication is included in the official record of the proceeding. +(d) Notwithstanding Section 82004, for purposes of a +quasi-judicial +matter before the California Coastal Commission, as described in paragraph (3) of subdivision (a) of Section 82002, “agency official,” as used in subdivision (a) of this section, shall only mean a member of the California Coastal +Commission. +Commission and does not include staff of the commission. +SEC. 3. +Section 86300 of the Government Code is amended to read: +86300. +The provisions of this chapter are not applicable to any of the following: +(a) An elected public official acting in his or her official capacity or an employee of the state acting within the scope of his or her employment. However, an employee of the state, other than a legislative official, who attempts to influence legislative action and who would be required to register as a lobbyist, except for the provisions of this subdivision, shall not make gifts of more than ten dollars ($10) in a calendar month to an elected state officer or legislative official. +(b) A newspaper or other periodical of general circulation, book publisher, radio or television station, any individual who owns, publishes, or is employed by any such newspaper or periodical, or radio or television station, which in the ordinary course of business publishes news items, editorials, or other comments, or advertisements that directly or indirectly urge legislative or administrative action, if that newspaper, periodical, book publisher, radio or television station, or individual, engages in no further or other activities in connection with urging legislative or administrative action other than to appear before a committee of the Legislature or before a state agency in support of or in opposition to such action. +(c) A person when representing a bona fide church or religious society solely for the purpose of protecting the public right to practice the doctrines of such church. +(d) An employee of a local government agency seeking, within the scope of his or her employment, to influence quasi-judicial decisions of the California Coastal Commission. +SEC. 4. +Section 30324 of the Public Resources Code is amended to read: +30324. +(a) (1) No commission member, nor any interested person, shall conduct an ex parte communication unless the commission member fully discloses and makes public the ex parte communication by providing a full report of the communication as follows: +(A) If the communication occurs more than seven days before the next commission hearing, to the executive director within seven days after the communication. +(B) Except as provided in subparagraph (C), if the communication occurs within seven days of the next commission hearing, to the commission on the record of the proceeding at that hearing. +(C) If the communication occurs within seven days of the next commission hearing and relates to a matter that the commission will discuss at the hearing, to the commission in writing at least 24 hours before that hearing. +(2) Notwithstanding paragraph (1), no commission member, nor any interested person, shall conduct an ex parte communication within 24 hours before a commission hearing regarding a matter that the commission will discuss at the hearing. +(b) (1) The commission shall adopt standard disclosure forms for reporting ex parte communications which shall include, but not be limited to, all of the following information: +(A) The date, time, and location of the communication. +(B) (i) The identity of the person or persons initiating and the person or persons receiving the communication. +(ii) The identity of the person on whose behalf the communication was made. +(iii) The identity of all persons present during the communication. +(C) A complete, comprehensive description of the content of the ex parte communication, including a complete set of all text and graphic material that was part of the communication. +(2) The executive director shall place in the public record any report of an ex parte communication. +(c) Communications shall cease to be ex parte communications when fully disclosed and placed in the commission’s official record. +SEC. 5. +Section 30325 of the Public Resources Code is amended to read: +30325. +(a) Nothing in this article prohibits any person or any interested person from testifying at a commission hearing, workshop, or other official proceeding, or from submitting written comments for the record on a matter before the commission. Written comments shall be submitted by mail or delivered to a commission office, or may be delivered to the commission at the time and place of a scheduled hearing. +(b) Any person who communicates with the members of the commission regarding an administrative action of the commission, as defined in paragraph (3) of subdivision (a) of Section 82002 of the Government Code, and who qualifies as a lobbyist, as defined in subdivision (a) of Section 82039 of the Government Code, shall comply with the requirements of Chapter 6 (commencing with Section 86100) of Title 9 of the Government Code. +SEC. 6. +The Legislature finds and declares that the provisions of this act further the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. +SEC. 7. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law establishes the California Coastal Commission in the Natural Resources Agency and designates the commission as the state coastal zone planning and management agency for all purposes. Existing law prohibits a commission member or an interested person, as defined, from conducting an ex parte communication unless the commission member fully discloses and makes public that communication within 7 days after the communication or, if the communication occurs within 7 days of the next commission hearing, to the commission on the record of the proceeding at that hearing. +This bill would require a commission member to fully disclose in writing 24 hours before a commission hearing any ex parte communication conducted within 7 days of the commission hearing relating to a matter that will be discussed at the hearing, and would prohibit a commission member or an interested person from conducting such an ex parte communication within 24 hours before the commission hearing. +The Political Reform Act of 1974 provides for the regulation of the lobbying industry, including defining the term “lobbyist” and regulating the conduct of lobbyists. Among its provisions, the act prohibits lobbyists from engaging in certain activities, including accepting or agreeing to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed legislative or administrative action. Under the act, a lobbyist is, among others, an individual whose principal duties as an employee are to communicate with, among others, any agency official for the purpose of influencing legislative or administrative action. For these purposes, “administrative action” is defined as the proposal, drafting, development, consideration, amendment, enactment, or defeat by a state agency of any rule, regulation, or other action in any ratemaking or quasi-legislative proceeding and “agency official” is defined as any member, officer, employee, or consultant of any state agency who participates in any administrative action in other than a ministerial capacity. +This bill would revise the definition of “administrative action” to include, with regard to proceedings before the California Coastal Commission, specified actions relating to the review, approval, and appeal of certain permit actions and coastal plans and programs. The bill would, however, exclude from these provisions relating to lobbyists an employee of a local government agency seeking, within the scope of his or her employment, to influence quasi-judicial decisions of the commission. The bill would also, for purposes of +a quasi-judicial matter +those matters +before the California Coastal Commission, limit the definition of “agency official” to a member of the commission. +Existing law makes a knowing and willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. +This bill would impose a state-mandated local program by expanding those crimes. +The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes with a +2/3 +vote of each house and compliance with specified procedural requirements. +This bill would declare that it furthers the purposes of the act. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 82002, 82039, and 86300 of the Government Code, and to amend Sections 30324 and 30325 of the Public Resources Code, relating to the Political Reform Act of 1974." +989,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature to explore alternate approaches to ensure the continuation of broad coverage of pediatric hearing benefits upon expiration of this mandate, including exploring ways to add pediatric hearing as an essential health benefit, without incurring ongoing state costs. +SECTION 1. +SEC. 2. +Section 1367.72 is added to the Health and Safety Code, to read: +1367.72. +(a) (1) A health care service plan contract issued, amended, or renewed on or after January 1, 2017, shall include coverage for hearing aids for all enrollees under 18 years of age when medically necessary. +(2) Coverage for hearing aids includes an initial assessment, new hearing aids at least every five years, new ear molds, new hearing aids if alterations to existing hearing aids cannot meet the needs of the child, a new hearing aid if the existing one is no longer working, fittings, adjustments, auditory training, and maintenance of the hearing aids. +(b) For purposes of this section, “hearing aid” means an electronic device usually worn in or behind the ear of a deaf and hard of hearing person for the purpose of amplifying sound. +(c) This section shall not apply to Medicare supplement, dental-only, or vision-only health care service plan contracts. +(d) (1) This section shall become inoperative if the department receives a notification from the federal Centers for Medicare and Medicaid Services or any other applicable federal agency that this section constitutes a discriminatory age limitation under federal law and the state is required to defray the costs of requiring a plan contract to include coverage for hearing aids on behalf of enrollees who are 18 years of age or older pursuant to Section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. Sec. 18031(d)(3)). +(2) This section shall become inoperative 30 days after the director executes a declaration, which shall be retained by the director, stating that the department received the notification described in paragraph (1). The director shall post the declaration on the department’s Internet Web site, and the director shall send the declaration to the appropriate policy committees of the Legislature and to the Legislative Counsel. +(e) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. +SEC. 2. +SEC. 3. +Section 10123.72 is added to the Insurance Code, to read: +10123.72. +(a) (1) A health insurance policy issued, amended, or renewed on or after January 1, 2017, shall include coverage for hearing aids for all insureds under 18 years of age when medically necessary. +(2) Coverage for hearing aids includes an initial assessment, new hearing aids at least every five years, new ear molds, new hearing aids if alterations to existing hearing aids cannot meet the needs of the child, a new hearing aid if the existing one is no longer working, fittings, adjustments, auditory training, and maintenance of the hearing aids. +(b) For purposes of this section, “hearing aid” means an electronic device usually worn in or behind the ear of a deaf and hard of hearing person for the purpose of amplifying sound. +(c) This section shall not apply to accident-only, specified disease, hospital indemnity, Medicare supplement, dental-only, or vision-only health insurance policies. +(d) (1) This section shall become inoperative if the department receives a notification from the federal Centers for Medicare and Medicaid Services or any other applicable federal agency that this section constitutes a discriminatory age limitation under federal law and the state is required to defray the costs of requiring a health insurance policy to include coverage for hearing aids on behalf of insureds who are 18 years of age or older pursuant to Section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. Sec. 18031(d)(3)). +(2) This section shall become inoperative 30 days after the commissioner executes a declaration, which shall be retained by the commissioner, stating that the department received the notification described in paragraph (1). The commissioner shall post the declaration on the department’s Internet Web site, and the commissioner shall send the declaration to the appropriate policy committees of the Legislature and to the Legislative Counsel. +(e) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. +SEC. 3. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plan contracts and health insurance policies to provide coverage for specified benefits. +This +bill +bill, until January 1, 2019, +would require a health care service plan contract or a health insurance policy issued, amended, or renewed on or after January 1, 2017, to include coverage for hearing aids for an enrollee or insured under 18 years of age, as specified. +These provisions would become inoperative if the Department of Managed Health Care and the Department of Insurance receive a notification from the federal Centers for Medicare and Medicaid Services or any other applicable federal agency that these provisions constitute a discriminatory age limitation under federal law and the state is required to defray the costs of requiring a plan contract or policy to include coverage for hearing aids on behalf of enrollees or insureds who are 18 years of age or older pursuant to a specified federal law. +Because a willful violation of these requirements by a health care service plan would be a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add +and repeal +Section 1367.72 +to +of +the Health and Safety Code, and to add +and repeal +Section 10123.72 +to +of +the Insurance Code, relating to health care coverage." +990,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) It is the intent of the Legislature to increase enrollment and graduation rates among students meeting the requirements of Assembly Bill 540 of the 2001–02 Regular Session (Firebaugh, Ch. 814) by requiring the designation of Dream Resource Liaisons and encouraging the creation of Dream Resource Centers at public institutions of higher education. +(b) It is estimated that each year approximately 65,000 undocumented students graduate from high schools, and while California has been a leader in enacting innovative and bold laws to provide opportunities for undocumented youth to attain higher education, only 20 percent of these students attend college. Many undocumented youth and their families are unaware of recent policy changes, such as the enactment of Assembly Bill 540 of the 2001–02 Regular Session, the California Dream Act of 2011, and the federal Deferred Action for Childhood Arrivals (DACA), that make college graduation more attainable. Currently, the majority of college campuses do not have a centralized location that provides specialized support services and resources for students meeting the requirements of Assembly Bill 540 of the 2001–02 Regular Session. +(c) The creation of Dream Resource Centers would save staff time and resources by streamlining all available financial aid and academic opportunities for students meeting the requirements of Assembly Bill 540 of the 2001–02 Regular Session. These Dream Resource Centers would seek to empower and create a safe and welcoming environment for those students. These centers would increase enrollment, transfer, and graduation rates among this population. +(d) A number of college campuses have acknowledged the needs and challenges of these students and have created Dream Resource Centers. These include: the University of California, Los Angeles; the University of California, Davis; the California State University, Los Angeles; the California State University, Fullerton; and the California State University, Northridge. These centers provide, among other things, informational workshops, legal clinics, information on programs available to undocumented immigrants, and peer mentoring and support services to increase awareness of existing programs and available resources, enhance professional development, and increase employment opportunities. +SEC. 2. +Section 66021.8 is added to the Education Code, to read: +66021.8. +(a) Commencing with the 2017–18 academic year, the California Community Colleges and the California State University shall, and the University of California is requested to, designate a Dream Resource Liaison on each of their respective campuses, as specified in subdivision (b), to assist students meeting the requirements set forth in Section 68130.5 by streamlining access to all available financial aid and academic opportunities for those students. +(b) (1) Each campus of the California Community Colleges shall ensure that it has a staff person designated as a Dream Resource Liaison who is knowledgeable in available financial aid, services, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus’ extended opportunity programs and services office or financial aid office. +(2) Each campus of the California State University shall ensure that it has a staff person designated as a Dream Resource Liaison who is knowledgeable in available financial aid, services, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus’ educational opportunity programs office or financial aid office. +(3) The University of California is encouraged to designate a Dream Resource Liaison on each of its campuses. That staff person should be knowledgeable in available financial aid, services, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus’ educational opportunity programs office or financial aid office. +(c) (1) The California Community Colleges, the California State University, and the University of California are encouraged to establish Dream Resource Centers on each of their respective campuses. +(2) Dream Resource Centers may offer support services, including, but not necessarily limited to, state and institutional financial aid assistance, academic counseling, peer support services, psychological counseling, referral services, and legal services. +(d) (1) This section shall not be construed as encouraging the construction of a new or separate space for Dream Resource Centers. +(2) Dream Resource Centers may be housed within existing student service or academic centers. +(3) The space in which the Dream Resource Liaison is located may be deemed a Dream Resource Center. +(e) Notwithstanding Section 11005 of the Government Code and any other law requiring approval by a state officer of gifts, bequests, devises, or donations, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the Regents of the University of California may seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in the creation and operation of Dream Resource Centers for their respective systems. +(f) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes the segments of the public postsecondary education system in the state, including the University of California administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, and the California Community Colleges administered by the Board of Governors of the California Community Colleges. +Existing law provides that a student, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year, and who, if he or she is an alien without lawful immigration status, has filed an affidavit, as specified, is exempt from paying nonresident tuition at the California Community Colleges and the California State University. +This bill would, commencing with the 2017–18 academic year, require the California Community Colleges and the California State University, and would request the University of California to designate a Dream Resource Liaison on each of their respective campuses, as specified, to assist students meeting specified requirements, including undocumented students, by streamlining access to all available financial aid and academic opportunities for those students. By requiring community colleges to designate a Dream Resource Liaison, this bill would impose a state-mandated local program. The bill would encourage those institutions to establish Dream Resource Centers, and would authorize those centers to provide specified support services. +This bill would authorize the trustees, the board of governors, and the regents to seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in the creation and operation of Dream Resource Centers for their respective systems. +This bill would make these provisions inoperative on July 1, 2022, and would repeal them as of January 1, 2023. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add and repeal Section 66021.8 of the Education Code, relating to student support services." +991,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 13307 of the Elections Code is amended to read: +13307. +(a) (1) Each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidate’s statement on an appropriate form provided by the elections official. The statement may include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidate’s education and qualifications expressed by the candidate himself or herself. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. +(2) The statement authorized by this subdivision shall be filed in the office of the elections official when the candidate’s nomination papers are returned for filing, if it is for a primary election, or for an election for offices for which there is no primary. The statement shall be filed in the office of the elections official no later than the 88th day before the election, if it is for an election for which nomination papers are not required to be fil0 0 1em 0;"">(C) From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education. +(D) A current voting member in good standing of the American Translators Association. +(E) A current member in good standing of the American Association of Language Specialists. +(c) (1) In addition to the statement prepared pursuant to subdivision (a), if the elections official who is conducting the election permits electronic distribution of a candidate’s statement, the governing body of a local agency may permit each candidate for nonpartisan elective office in the local agency to prepare a candidate's statement for the purpose of electronic distribution pursuant to this subdivision. +(2) A statement prepared pursuant to this subdivision shall be posted on the Internet Web site of the elections official, and may be included in a voter's pamphlet that is electronically distributed by the elections official pursuant to Section 13300.7, but shall not be included in a voter's pamphlet that is printed and mailed to voters pursuant to subdivision (b). +(3) A statement that is printed in the voter's pamphlet and mailed to voters pursuant to subdivision (b) shall be included with the statement that is prepared and electronically distributed pursuant to this subdivision. +(4) A statement that is prepared and electronically distributed pursuant to this subdivision shall be displayed in type of uniform size and darkness, and with uniform spacing. +(5) The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the persons listed in paragraph (2) of subdivision (b). +(d) The local agency may estimate the total cost of printing, handling, translating, mailing, and electronically distributing a candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the federal Voting Rights Act of 1965, as amended. The local agency may require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet or electronically distributed. In the event the estimated payment is required, the receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the local agency is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the local agency may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the local agency that, or the elections official who, collected the estimated cost shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. +(e) Nothing in this section shall be deemed to make any statement, or the authors thereof, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous statements offered for printing or electronic distribution pursuant to this section, or contained in the voter’s pamphlet. +(f) Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidate’s statement sent to each voter and, if authorized pursuant to subdivision (c), for the electronically distributed candidate’s statement. This decision shall not be revoked or modified after the seventh day prior to the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, mailing, and electronic distribution shall be provided to each candidate, or his or her representative, at the time he or she picks up the nomination papers. +(g) For purposes of this section and Section 13310, the board of supervisors shall be deemed the governing body of judicial elections. +SEC. 2. +Section 13308 of the Elections Code is amended to read: +13308. +In addition to the restrictions set forth in Section 13307, any candidate’s statement submitted pursuant to Section 13307 shall be limited to a recitation of the candidate’s own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. The elections official shall not cause to be printed, posted on an Internet Web site, or circulated any statement that the elections official determines is not so limited or that includes any reference prohibited by this section. +SEC. 3. +Section 13312 of the Elections Code is amended to read: +13312. +(a) Each voter’s pamphlet prepared pursuant to subdivision (b) of Section 13307 shall contain a notice in the heading of the first page, not smaller than 10-point type, that specifies both of the following: +(1) That the pamphlet does not contain a complete list of candidates and that a complete list of candidates appears on the sample ballot (if any candidate is not listed in the pamphlet). +(2) That each candidate’s statement in the pamphlet is volunteered by the candidate and (if printed at the candidate’s expense) is printed at his or her expense. +(b) If a local agency has authorized each candidate for nonpartisan elective office to prepare a candidate’s statement for the purpose of electronic distribution pursuant to subdivision (c) of Section 13307, and if a candidate has submitted a statement for that purpose, the notice required by subdivision (a) shall specify that additional statements are available on the Internet Web site of the elections official and shall include the Internet Web site address at which the statements may be viewed.","Existing law permits a candidate for a nonpartisan elective office in any local agency, which includes any city, county, city and county, or district, to prepare a written statement, pursuant to specified guidelines, to be included in a voter’s pamphlet that is mailed to each voter. Existing law requires each voter’s pamphlet to contain a notice in the heading of the first page of that pamphlet in heavy-faced gothic type that, among other things, each candidate’s statement in the pamphlet is volunteered by the candidate. Existing law requires an elections official to provide a Spanish translation to those candidates who wish to have one. +Existing law authorizes a county or city elections official to establish procedures designed to permit a voter to opt out of receiving his or her voter’s pamphlet and other related materials by mail, and instead obtain them electronically via email or by accessing them on the county’s or city’s Internet Web site, provided specified conditions are met. +This bill would authorize the governing body of a local agency to permit a candidate for nonpartisan elective office in the local agency to prepare a written statement for electronic distribution if the elections official who is conducting the election permits electronic distribution of a candidate’s statement. This bill would require the statement to be posted on the Internet Web site of the elections official, permit the statement to be included in a voter’s pamphlet that is electronically distributed, and prohibit the statement from being included in a voter’s pamphlet that is printed and mailed to voters. This bill would require the elections official to provide a Spanish translation to those candidates who wish to have one. This bill would require the notice in the heading of the first page of the voter’s pamphlet, in certain circumstances, to specify that additional statements are available on the Internet Web site of the elections official, and would delete the requirement that the notice appear in heavy-faced gothic type.","An act to amend Sections 13307, 13308, and 13312 of the Elections Code, relating to elections." +992,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19607 of the Business and Professions Code is amended to read: +19607. +(a) Notwithstanding Sections 19605.8 and 19605.9, when satellite wagering is conducted on thoroughbred races at associations or fairs in the central or southern zone, an amount not to exceed 2 percent of the total amount handled by all of those satellite wagering facilities shall be deducted from the funds otherwise allocated for distribution as commissions, purses, and owners’ premiums and instead distributed to an organization formed and operated by one licensed association from each facility in the central and southern zones at which a thoroughbred or fair racing meeting is conducted, and the organization representing thoroughbred horsemen and horsewomen, for use in accordance with Section 19607.1. +(b) A vote of the organization representing thoroughbred horsemen and horsewomen shall constitute 50 percent of all voting interests on the board of the organization formed and operated to administer the fund. The other 50 percent of all voting interests shall be allocated equally among the other members of the organization. Any use of funds by the organization shall be approved by the affirmative vote of both (1) the organization representing thoroughbred horsemen and horsewomen, and (2) at least two of the licensed thoroughbred racing associations that are part of the organization formed pursuant to this section, provided, however, that, if there are only two licensed thoroughbred racing associations that are part of the organization formed pursuant to this section, the vote of at least one of those two licensed thoroughbred racing associations shall be sufficient. +SEC. 2. +Section 19607.1 of the Business and Professions Code is amended to read: +19607.1. +(a) Notwithstanding Section 19535, the funds distributed to the organization formed pursuant to Section 19607 shall be used to pay the expenses of the organization and compensate the provider of a board-approved auxiliary facility for offsite stabling and training of thoroughbred horses in the central or southern zone. The organization administering the offsite stabling and vanning program shall submit its proposed financial and operational plans for the upcoming calendar year to the board for review no later than November 1 of the preceding year. Neither the organization administering the offsite stabling and vanning program nor any of the entities forming and operating the organization, except an entity operating the auxiliary offsite stabling facility where the injury occurred, shall be liable for any injury to any jockey, exercise person, owner, trainer, or any employee or agent thereof, or any horse occurring at any offsite stabling facility. +(b) The funds shall also be used to cover all or part of the cost of vanning thoroughbred horses from a board-approved auxiliary offsite stabling and training facility to start in a thoroughbred race at a thoroughbred or fair racing meeting in the central or southern zone. The organization shall determine the extent of and manner in which compensation will be paid for thoroughbred horses that are vanned from the auxiliary facility to the track conducting the thoroughbred or fair racing meeting, but the vanning shall be made available on a consistent and uniform basis for all thoroughbred and fair racing meetings in a given year. Neither the organization administering the offsite stabling and vanning program nor any of the entities that form and operate the organization, except an entity actually engaged in vanning horses, is liable for any injury occurring to any individual or horse during vanning from an offsite stabling facility. +(c) The auxiliary offsite stabling facilities and amenities provided for offsite stabling and training purposes shall be substantially equivalent in character to those provided by the thoroughbred racing association or fair conducting the racing meeting. +(d) In order to ensure the long-term availability of facilities for offsite stabling and training, the organization may enter into multiyear contracts for auxiliary facilities in either the central or southern zone. The organization shall submit to the board for its approval multiyear contracts it enters into with providers of auxiliary facilities for the offsite stabling and training. Contracts not disapproved by the board within 60 days of submittal to the board shall be deemed to have been approved by the board. Once a multiyear contract has been approved by the board, it shall be considered to have been approved for its duration. +(e) At the request of the board, the organization shall submit a report detailing all of its receipts and expenditures over the prior two fiscal years and, upon request of any party within the organization, those receipts and expenditures shall be audited by an independent third party selected by the board at the expense of the organization. +(f) In addition to the uses of funds described in subdivisions (a) and (b), the organization may use those funds to do both of the following: +(1) Maintain a reserve fund of up to 10 percent of the total estimated annual vanning and auxiliary offsite stabling costs. In addition to the reserve fund, if the funds generated for the auxiliary offsite stabling facilities and vanning are insufficient to fully cover the expenses incurred, the organization may, in the future, accumulate sufficient funds to fully cover those expenses. +(2) Pay back commissions, purses, and owners’ premiums to the extent the deductions made pursuant to Section 19607 exceed in any year the amount of funds necessary to achieve the objectives of the organization. +(g) The amount initially deducted and distributed to the organization shall be 2 percent of the total amount handled by satellite wagering facilities authorized under this article in the central or southern zone on thoroughbred racing, but that allocation may be adjusted by the board, in its discretion. However, the adjusted amount may not exceed 2 percent of the total amount handled by satellite wagering facilities. +(h) The board shall reserve the right to adjudicate any disputes that arise regarding costs or other matters relating to the furnishing of offsite stabling or vanning. Notwithstanding any other law, the board shall maintain all powers necessary and proper to ensure that offsite stabling and vanning, as provided for in this chapter, is conducted in a manner that protects the public and serves the best interests of horse racing.","(1) The Horse Racing Law requires, when satellite wagering is conducted on thoroughbred races at associations or fairs in the northern, central, or southern zone, that an amount not to exceed 1.25% of the total amount handled by all of those satellite wagering facilities be deducted from the funds otherwise allocated for distribution as commissions, purses, and owners’ premiums and instead be distributed to an organization formed and operated by thoroughbred racing associations, fairs conducting thoroughbred racing, and the organization representing thoroughbred horsemen and horsewomen, to administer a fund to provide reimbursement for offsite stabling at California Horse Racing Board-approved auxiliary training facilities for additional stalls beyond the number of usable stalls the association or fair is required to make available and maintain, and for the vanning of starters from these additional stalls on racing days for thoroughbred horses. +This bill would increase the amount that is required to be deducted to an amount not to exceed 2% in the northern, central, and southern zones, and would provide that this amount in the northern zone, if adjusted by the board, may be a different percentage of the handle for different associations and fairs, but only if all the associations and fairs agree to the differing percentages. The bill would establish an auxiliary offsite stabling and training facility and vanning program for thoroughbred races in the northern, central, and southern zones. The bill would revise and recast the provisions governing the organization formed and operated to administer the fund to include, among other things, a 50-50 percentage allocation of specified voting interests on the board of the organization, the use of funds to pay the organization’s eral, or southern zone from a board-approved auxiliary offsite stabling and training facility and would authorize the organization to enter into multiyear contracts for auxiliary facilities in the northern, central, or southern zone subject to specified conditions. The bill would authorize the organization to use the funds to pay back commissions, purses, and owners’ premiums to the extent that the deductions made exceed in any year the amount of the funds necessary to achieve the objectives of the organization. The bill would also authorize a thoroughbred racing association or fair in the northern zone to opt out of the auxiliary offsite stabling and training facility and vanning program, as specified. The bill would provide that the board shall reserve the right to adjudicate any disputes that arise regarding costs, or other matters, relating to the furnishing of offsite stabling or vanning, as specified. +(2) By expanding the provisions of the Horse Racing Law, a violation of which is a crime, the bill would create new crimes and would thereby impose a state-mandated local program. +(3)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +(4) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 19607, 19607.1, 19607.2, and 19607.3 of the Business and Professions Code, relating to horse racing, and declaring the urgency thereof, to take effect immediately." +993,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) It is the intent of the Legislature in enacting this act to encourage counties that establish and operate jail industries to provide a program that will increase the likelihood of inmate success upon release and to decrease recidivism by obtaining long-term high-paying jobs. +(b) It is also the intent of the Legislature, upon the implementation of the jail industry program, that small businesses and disabled veteran businesses be provided every opportunity to have equal and competitive opportunities to provide goods and services to facilitate the operations of the county-run jail facilities. +SEC. 2. +The heading of Chapter 2.5 (commencing with Section 4325) of Title 4 of Part 3 of the Penal Code is amended to read: +CHAPTER 2.5. Jail Industry Authority +SEC. 3. +Section 4325 of the Penal Code is repealed. +SEC. 4. +Section 4325 is added to the Penal Code, to read: +4325. +(a) The board of supervisors of the Counties of Lake, Los Angeles, Madera, Sacramento, San Diego, San Joaquin, San Luis Obispo, Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura may authorize, by ordinance or resolution, the sheriff or county director of corrections to create a Jail Industry Authority within the county jail system. +(b) The purpose of the Jail Industry Authority includes all of the following: +(1) To develop and operate industrial, agricultural, or service enterprises or programs employing prisoners in county correctional facilities under the jurisdiction of the sheriff or county director of corrections. +(2) To create and maintain working conditions within the enterprises or programs as similar as possible to those that prevail in private industry. +(3) To ensure prisoners have the opportunity to work productively and earn funds, if approved by the board of supervisors pursuant to Section 4019.3, and to acquire or improve effective work habits and occupational skills. +(4) To allow inmates who participate in the enterprise or program the opportunity to earn additional time credits allowed under Section 4019.1 or 4019.4, if authorized by the sheriff or county director of corrections. +(5) To operate a work program for inmates in county correctional facilities that will ultimately be self-supporting by generating sufficient funds from the sale of products and services to pay all the expenses of the program and that will provide goods and services that are or will be used by the county correctional facilities, thereby reducing the cost of its operation. +SEC. 5. +Section 4326 of the Penal Code is repealed. +SEC. 6. +Section 4327 of the Penal Code is amended to read: +4327. +Upon the establishment of the Jail Industry Program or Jail Industry Authority, the board of supervisors shall establish a Jail Industries Fund, which may be a revolving fund, for funding the operations of the program. All jail industry income shall be deposited in, and any prisoner compensation shall be paid to the account of the prisoner from, the Jail Industries Fund. +SEC. 7. +Section 4329 of the Penal Code is repealed. +SEC. 8. +Section 4497.50 of the Penal Code is amended to read: +4497.50. +In order to be eligible to receive funds derived from the issuance of General Obligation Bonds under the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988, a county or city and county shall do all of the following: +(a) In the design and planning of facilities whose construction, reconstruction, or remodeling is financed under the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988, products for construction, renovation, equipment, and furnishings produced and sold by the Prison Industry Authority or local Jail Industry Authorities shall be utilized in the plans and specifications unless the county or city and county demonstrates either of the following to the satisfaction of the Board of State and Community Corrections or the Department of Corrections and Rehabilitation, Division of Juvenile Justice. +(1) The products cannot be produced and delivered without causing delay to the construction of the property. +(2) The products are not suitable for the facility or competitively priced and cannot otherwise be reasonably adapted. +(b) Counties and cities and counties shall consult with the staff of the Prison Industry Authority or local Jail Industry Authority to develop new products and adapt existing products to their needs. +(c) The Board of State and Community Corrections or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall not enter into any contract with any county or city and county until that county’s or city and county’s plan for purchase from and consultation with the Prison Industry Authority or local jail industry program is reviewed and approved by the Board of State and Community Corrections or the Department of Corrections and Rehabilitation, Division of Juvenile Justice. +SEC. 9. +Section 4497.52 of the Penal Code is amended to read: +4497.52. +Notwithstanding any other provision of law, a county or city and county may contract for the purchase of products as specified in Section 4497.50 with the Prison Industry Authority or local Jail Industry Authority without the formality of obtaining bids or otherwise complying with provisions of the Public Contract Code. +SEC. 10. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of the Counties of Lake, Los Angeles, Madera, Sacramento, San Diego, San Joaquin, San Luis Obispo, Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura.","Existing law authorizes the board of supervisors in specified counties, as part of a pilot jail industry program not to exceed 4 years, to establish, with the concurrence of the county sheriff, a Jail Industry Commission for that county. Existing law also requires the county board of supervisors, upon the establishment of a commission, to create a Jail Industries Fund, as specified, which may be used to fund specified purposes. Existing law specifies the composition of these commissions. +This bill would repeal the authorization to create a Jail Industry Commission as a pilot program, and would instead authorize the board of supervisors of the Counties of Lake, Los Angeles, Madera, Sacramento, San Diego, San Joaquin, San Luis Obispo, Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura to authorize the county sheriff or county director of corrections to create a Jail Industry Authority, as specified. The bill would also make conforming changes. +This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Lake, Los Angeles, Madera, Sacramento, San Diego, San Joaquin, San Luis Obispo, Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura.","An act to amend Sections 4327, 4497.50, and 4497.52 of, to amend the heading of Chapter 2.5 (commencing with Section 4325) of Title 4 of Part 3 of, to repeal Sections 4326 and 4329 of, and to repeal and add Section 4325 of, the Penal Code, relating to jails." +994,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Students, faculty, health practitioners, and college administrators are reporting increased rates of mental health needs by students attending public colleges in California. +(b) One in four students has a diagnosable mental illness and 40 percent of students do not seek mental health services when they need it. +(c) Eight out of 10 people who experience psychosis have their first episode between 15 and 30 years of age. +(d) The demand for mental health services by public college students far outpaces the ability of colleges to provide them. California public college campuses and higher education systems do not meet national staffing standards for psychiatric services and other mental health professionals. +(e) The lack of services directly impacts college students’ success and academic performance as well as their ability to develop socially as productive members of society. +(f) The effects of untreated mental health needs are long lasting and can include college students dropping out of school, experiencing homelessness, and dying of suicide. +(g) One in 10 college students has considered suicide and suicide is the second leading cause of death among college students, claiming more than 1,100 lives every year nationally. +(h) Research shows that for each dollar invested in student prevention and early intervention mental health services, California will see a return of at least $6 and up to $11 as a result of more students graduating. +(i) Under the Prevention and Early Intervention component of the Mental Health Services Act, subdivision (b) of Section 3706 of Title 9 of the California Code of Regulations states that at least 51 percent of the Prevention and Early Intervention Fund shall be used to serve individuals who are 25 years old or younger. +(j) Since the approval of the Mental Health Services Act in 2004, there has been limited interaction between college campuses and county mental health departments. It is the purpose of this act to foster partnerships between counties and college campuses to better address the mental health needs of their students. +SEC. 2. +Part 3.3 (commencing with Section 5832) is added to Division 5 of the Welfare and Institutions Code, to read: +PART 3.3. College Mental Health Services Program +5832. +This part shall be known, and may be cited, as the College Mental Health Services Program Act. +5832.1. +Moneys shall be available, upon appropriation by the Legislature, to the Mental Health Services Oversight and Accountability Commission to fund the grant program established pursuant to this part. +5832.2. +(a) The commission shall create a grant program for public community colleges, colleges, and universities, in collaboration with county behavioral health departments, to improve access to mental health services and early identification or intervention programs. The commission shall establish grant program guidelines and shall develop a request for application (RFA). The RFA shall include, but not be limited to, all of the following: +(1) Eligibility standards of applicants in order to qualify to be considered for a grant award. +(2) Required program components to be included in the grant application, which may include, but are not limited to: +(A) The ability of the program to meet the needs of students that cannot be met through existing funds. +(B) The ability of the program to fund the matching component required by subdivision (f). +(C) The ability of the campus, in partnership with the local county, to establish direct linkages for students to community-based mental health services. +(D) The ability of the campus to address direct services including, but not limited to, increasing staff to student ratios and decreasing wait times. +(E) The ability to participate in evidence-based and community-defined best practice programs for mental health services improvements. +(3) Preferred program components to be included in the grant application, which may include, but are not limited to: +(A) The ability of the campus to serve underserved and vulnerable populations. +(B) The ability of the campus, in partnership with the local county, to establish direct linkages for students to community-based mental health services for which reimbursement is available through the students’ health coverage. +(C) The ability of the campus to reduce racial disparities in access to mental health services. +(D) The ability of the campus to fund mental health stigma reduction activities. +(E) The ability of the campus to provide employees and students with education and training on early identification, intervention, and referral of students with mental health needs. +(F) The ability of the campus to screen students receiving other health care services and provide linkages to services from the appropriate mental health provider based on the health insurance status of that student, for those students who are shown to have a need for services. +(G) Evidence of an existing or planned partnership between the campus and the county behavioral health department to address complex mental health needs of students based on their health insurance status and based on the extent to which there are students whose needs cannot be met through their health plan, health insurance, or Medi-Cal. +(H) Evidence of an existing or planned partnership between the campus and local safety net providers to ensure linkages to primary care and community-based mental health care, regardless of the health insurance status of the student. +(4) Articulation of grant program goals and expected outcomes. +(5) Required reporting and evaluation standards to be met by applicants that are selected for a grant award. +(6) Timelines and deadlines for grant applications and anticipated funding award determinations. +(b) Colleges, in collaboration with their local county behavioral health department, shall submit their grant application to the commission according to the guidelines adopted pursuant to subdivision (a). +(c) To the extent that an application follows the guidelines adopted pursuant to subdivision (a) and specifically states what activities shall be undertaken in accordance with those guidelines, the commission shall have the authority to approve grant programs and shall award funding. +(d) Grants may be awarded to a community college district in the California Community College system, a campus within the California State University system, or a campus within the University of California system, or a grouping of campuses within the segments. +(e) Total available grant funding to colleges by segment shall be proportional to the number of students served by that segment but, in no case shall the commission award more than five million dollars ($5,000,000) per campus, per application. +(f) Grants shall only be awarded to a campus or campuses that can show a dollar-for-dollar match of funds or another match to be determined by the commission, in consultation with the applicant, based on resources and existing mental health needs of students from the campus or campuses. Matching funds can include in-kind funds, student health fee funds after notification to the student association, and other appropriate funds as determined by the commission and pursuant to the guidelines adopted pursuant to subdivision (a). +(g) Grants shall be awarded to applicants on a competitive basis based on their ability to meet the application standards and prioritization of these standards as determined by the commission through the development of the RFA guidelines adopted pursuant to subdivision (a). +(h) Individual grant award allocations shall be expended over at least one year but not to exceed three years, as determined by the commission through the grant award process. +(i) Administrative costs associated with administering an approved program shall be limited to 5 percent of the total grant amount for any grantee. Administrative costs incurred by the commission to administer this program shall not exceed 5 percent of the total funds annually. +(j) The funding provided pursuant to this part shall not be used to supplant existing campus, state, or county funds utilized to provide mental health services. +(k) The commission shall provide technical assistance to smaller colleges and county behavioral health departments upon request during the application process to ensure equitable distribution of the grant award. +5832.3. +(a) Community colleges, campuses in the California State University, and campuses in the University of California system that have been awarded grants pursuant to this part shall report annually on the use of grant funds to the commission and post the annual report on the use of the funds on their Internet Web sites. This report shall include, but not be limited to, all of the following: +(1) How grant funds and matching funds are being used. +(2) Available evaluation data, including outcomes of the campus mental health programs funded pursuant to the grant program. +(3) Program information regarding services being offered and the number of individuals being served. +(4) Plans for sustainability of mental health programming beyond the funding from this part. +(b) The campuses shall electronically submit the reports required pursuant to subdivision (a), annually, to the appropriate Chancellor’s offices and the University of California Office of the President. +5832.4. +(a) Upon an appropriation of funds for the purposes of this section, the commission shall contract with a public or private research university or institute in this state to evaluate the program. The commission shall develop the research design and issue a request for proposal for a contract for the evaluation, with the assistance of the Department of Finance. The commission shall develop an evaluation plan to assess the impact of the program. +(b) The commission shall submit the final research design and request for proposal required by subdivision (a) to the chairperson of the Joint Legislative Budget Committee no more 30 days prior to executing a contract for the evaluation. +(c) The commission, in compliance with Section 9795 of the Government Code, shall submit the evaluation established in subdivision (a) to the Legislature by February 1, 2019, and annually thereafter by no later than February 1 of each year, evaluating the impact of the program and providing recommendations for further implementation. The commission shall make the report available to the public and shall post the report on its Internet Web site. The report shall include, but not be limited to, the following: +(1) A financial accounting of all funds awarded, disbursed to grant recipients, and remaining to be allocated. +(2) Available evaluation data, including outcomes of the mental health programs funded pursuant to the grant program. +(3) Program information regarding services being offered and the number of individuals being served. +(4) Plans for sustainability of mental health programming beyond the funding from the grant program. +(5) A financial accounting of all administrative expenditures by the commission. +5832.5. +This part shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.","Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services, as specified. Existing law provides for the operation and administration of various mental health programs at a statewide and county level, as specified. +This bill, until January 1, 2022, would require the Mental Health Services Oversight and Accountability Commission, subject to appropriation by the Legislature, to create a grant program for public community colleges, colleges, and universities for purposes of improving access to mental health services on those campuses, as specified. The bill would require campuses that have been awarded grants under these provisions to report annually on the use of those grant funds and to post that information on their Internet Web sites. The bill would also require the commission to submit a report to the Legislature evaluating the impact of the program, as specified. The bill would require that evaluation to be conducted by a public or private research university or institute in this state and would require the Department of Finance to assist the commission in issuing a request for proposal for that contract.","An act to add and repeal Part 3.3 (commencing with Section 5832) of Division 5 of the Welfare and Institutions Code, relating to mental health." +995,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 7 (commencing with Section 87200) is added to Chapter 1 of Part 51 of Division 7 of Title 3 of the Education Code, to read: +Article 7. Mandated Child Abuse Reporting Employee Training Act of 2016 +87200. +This article shall be known, and may be cited, as the Mandated Child Abuse Reporting Employee Training Act of 2016. +87201. +The Mandated Child Abuse Reporting Employee Training Act of 2016 is hereby established to provide training to each employee and administrator of a community college district who is a mandated reporter, as defined in subdivision (a) of Section 11165.7 of the Penal Code, regarding the detection and reporting of child abuse. +87202. +(a) The governing board of each community college district shall do +both +all +of the following: +(1) Provide annual training, using the online training module developed by the State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, on the detection and reporting of child abuse pursuant to Section 44691, or as provided in subdivision (b), to employees and administrators of the district who are mandated reporters, as defined in subdivision (a) of Section 11165.7 of the Penal Code, pursuant to this section and subdivision (h) of Section 11165.7 of the Penal Code on the mandated reporting requirements. Mandated reporter training shall be provided to employees and administrators of the district hired during the course of the school year. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine. +(2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each academic year or within the first six weeks of that person’s employment. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board of the community college district. A person employed by more than one community college district or by more than one college in a single community college district shall only be required to receive the training required pursuant to this section one time in each academic year. +(3) Develop a process to identify the students who are minors enrolled in classes at the community college district and provide that information only to faculty members and other employees who are mandated reporters. The community college district shall provide the information to the employees based upon any records that the community college district maintains in its ordinary course of business regarding a student described in this paragraph. Any information received by an employee pursuant to this paragraph shall be kept confidential and shall not be further disseminated by the employee. +(b) Community college districts that do not use the online training module shall report to the State Department of Education and to the Office of the Chancellor of the California Community Colleges the training being used in its place. +SEC. 2. +Section 11165.7 of the Penal Code is amended to read: +11165.7. +(a) As used in this article, “mandated reporter” is defined as any of the following: +(1) A teacher. +(2) An instructional aide. +(3) A teacher’s aide or teacher’s assistant employed by a public or private school. +(4) A classified employee of a public school. +(5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school. +(6) An administrator of a public or private day camp. +(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization. +(8) An administrator or employee of a public or private organization whose duties require direct contact and supervision of children. +(9) An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis. +(10) A licensee, an administrator, or an employee of a licensed community care or child day care facility. +(11) A Head Start program teacher. +(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11. +(13) A public assistance worker. +(14) An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities. +(15) A social worker, probation officer, or parole officer. +(16) An employee of a school district police or security department. +(17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school. +(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor. +(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section. +(20) A firefighter, except for volunteer firefighters. +(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code. +(22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code. +(23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code. +(24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code. +(25) An unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code. +(26) A state or county public health employee who treats a minor for venereal disease or any other condition. +(27) A coroner. +(28) A medical examiner or other person who performs autopsies. +(29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, “commercial film and photographic print or image processor” means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency. +(30) A child visitation monitor. As used in this article, “child visitation monitor” means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law. +(31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings: +(A) “Animal control officer” means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations. +(B) “Humane society officer” means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code. +(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, “clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization. +(33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166. +(34) An employee of any police department, county sheriff’s department, county probation department, or county welfare department. +(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court. +(36) A custodial officer, as defined in Section 831.5. +(37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code. +(38) An alcohol and drug counselor. As used in this article, an “alcohol and drug counselor” is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect. +(39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code. +(40) A clinical counselor intern registered under Section 4999.42 of the Business and Professions Code. +(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institution’s premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code. +(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive. +(43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, “commercial computer technician” means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code. +(B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172. +(44) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions. +(b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9. +(c) Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5. +(d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting. +(e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility. +(2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting. +(f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article. +(g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect. +(h) Pursuant to Section 87202 of the Education Code, community college districts shall annually train their employees and administrators specified in paragraph (41) of subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes them to operate campuses and provide instruction to students. +The Child Abuse and Neglect Reporting Act requires a mandated reporter, which includes a specified employee or administrator of a community college district, to report whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of or has observed a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. +This bill would establish the Mandated Child Abuse Reporting Employee Training Act of 2016, which would require each governing board of a community college district to: (1) annually train, using the online training module developed by the State Department of Education, or other training, as specified, employees and administrators of the district who are mandated reporters on the mandated reporting requirements, as specified; +and +(2) develop a process for those persons required to receive training under the bill to provide proof of completing this training within the first 6 weeks of each academic year or within 6 weeks of that person’s +employment. +employment; and (3) develop a process to identify the students who are minors enrolled in classes at the community college district and provide that information only to faculty members and other employees who are mandated reporters, as specified. +The bill would provide that a person employed by more than one community college district or by more than one college in a single community college district is only required to receive the required training one time in each academic year. By imposing new duties on community college districts, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Article 7 (commencing with Section 87200) to Chapter 1 of Part 51 of Division 7 of Title 3 of the Education Code, and to amend Section 11165.7 of the Penal Code, relating to community colleges." +996,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 111070.5 is added to the Health and Safety Code, to read: +111070.5. +(a) “Advanced purified demonstration water” means product water from an advanced water purification facility that satisfies both of the following requirements: +(1) The product water is treated by all of the following treatment processes: +(A) Microfiltration, ultrafiltration, or other filtration process that removes particulates before reverse osmosis. +(B) Reverse osmosis. +(C) Advanced oxidation. +(2) The product water meets or exceeds all federal and state drinking water standards and is produced in accordance with the advanced treatment criteria for purified water specified in Section 60320.201 of Title 22 of the California Code of Regulations. +(b) A bottler of advanced purified demonstration water shall do all of the following: +(1) Submit sample labels to the department for review at least 30 days before bottling advanced purified demonstration water. +(2) Submit the analyses of the advanced purified demonstration water required under subdivision (e) of Section 13570 of the Water Code to the department at least seven days before bottling advanced purified demonstration water. +(3) Conduct a full sanitation of the bottling and filling equipment immediately after bottling advance purified demonstration water. +SEC. 2. +Section 13570 is added to the Water Code, to read: +13570. +(a) As used in this section, “advanced purified demonstration water” means product water from an advanced water purification facility that satisfies both of the following requirements: +(1) The product water is treated by means of all of the following treatment processes: +(A) Microfiltration, ultrafiltration, or other filtration processes to remove particulates before reverse osmosis. +(B) Reverse osmosis. +(C) Advanced oxidation. +(2) The product water meets or exceeds all federal and state drinking water standards and is produced in accordance with the advanced treatment criteria for purified water specified in Section 60320.201 of Title 22 of the California Code of Regulations. +(b) As used in this section, “advanced water purification facility” means a water recycling treatment plant that produces advanced purified demonstration water in accordance with the advanced treatment criteria specified in Section 60320.201 of Title 22 of the California Code of Regulations. +(c) As used in this section, “batch” means an increment of advanced purified treatment water that has completed the treatment process, is separate from incoming water, and is not receiving any additional source water. +(d) Except as expressly set forth in this section, the operator of an advanced water purification facility may cause advanced purified demonstration water to be bottled and distributed as samples for educational purposes and to promote water recycling, without complying with the requirements of Article 12 (commencing with Section 111070) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. The volume of advanced purified demonstration water in each bottle shall not exceed eight ounces. +(e) Any operator of an advanced water purification facility seeking to bottle advanced purified demonstration water shall collect water samples from the batch prior to the commencement of the bottling process, and test that batch in accordance with Section 111165 of the Health and Safety Code. Advanced purified demonstration water shall not be distributed unless the following requirements are met: +(1) The water meets or exceeds all federal and state drinking water standards, including all maximum contaminant levels applicable to public drinking water systems. +(2) The advanced water purification facility meets or exceeds all purification requirements imposed by regulatory agencies to produce the advanced purified demonstration water, including the removal of constituents of emerging concern where the removal is otherwise required of an advanced water purification facility. +(3) The water is produced using a treatment process that is consistent with the advanced treatment criteria for purified water specified in Section 60320.201 of Title 22 of the California Code of Regulations and, if established by the state board, in accordance with any uniform statewide water recycling criteria developed for the direct potable reuse of recycled water. +(f) (1) Advanced purified demonstration water may be bottled only at a licensed water-bottling plant in compliance with Sections 111070.5, 111080, 111120, 111145, and 111155 of the Health and Safety Code. +(2) Before bottling advanced purified demonstration water, an advanced water purification facility shall follow all pretreatment and labeling regulations for water bottling, including the requirements described in Section 111070.5 of the Health and Safety Code and the requirements for bottled water and vended water pursuant to Section 111080 of the Health and Safety Code. +(g) Advanced purified demonstration water shall be handled from the point of production to the completion of bottling in accordance with all regulations governing the transportation, bottling, labeling, and handling of bottled water, as defined in subdivision (a) of Section 111070 of the Health and Safety Code, including, but not limited to, subdivisions (a), (b), (f), and (h) of Section 111075 of the Health and Safety Code and Section 111070.5 of the Health and Safety Code. A water-bottling plant that bottles advanced purified demonstration water in accordance with this section may also bottle potable water, subject to compliance with Article 12 (commencing with Section 111070) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. +(h) An advanced water purification facility shall not provide bottled advanced purified demonstration water to any person under 18 years of age without the consent of that person’s parent or legal guardian. +(i) An advanced water purification facility shall not provide advanced purified demonstration water for human consumption, as defined in Section 116275 of the Health and Safety Code, including, but not limited to, in bottles, to more than 25 individuals per day for 60 or more days in a calendar year. +(j) Advanced purified demonstration water shall be bottled in nonreturnable (one-way) bottles or packages with labels containing the following information in an easily readable format that complies with all of the following: +(1) The label shall state “sample water--not for sale” and “Advanced Purified Water Sourced From Wastewater.” +(2) The label shall set forth the name, address, telephone number, and Internet Web site of the operator of the facility producing the advanced purified demonstration water. +(3) The label shall include a brief description of the advanced purified demonstration water, including its source and the treatment processes to which the water is subjected. +(k) A single advanced water purification facility shall not cause more than 1,000 gallons of advanced purified demonstration water to be bottled in a calendar year. +(l) Advanced purified demonstration water shall not be sold or otherwise distributed in exchange for financial consideration. +(m) Any operator of an advanced water purification facility seeking to bottle advanced purified demonstration water shall establish a collection and recycling program for distributed bottles. +(n) The operator of an advanced water purification facility that is bottling advanced purified demonstration water shall do all of the following: +(1) Maintain a daily record of the number of individuals to whom advanced purified demonstration water is distributed, served, made available, or otherwise provided, including, but not limited to, from a bottle. +(2) Compile a report of all daily records described in paragraph (1) for each calendar year. +(3) Certify under penalty of perjury that the report is accurate. +(4) Provide the report within 45 days of the end of the calendar year for which the report was made to the deputy director of the Division of Drinking Water of the State Water Resources Control Board. +(o) This section does not exempt an advanced water purification facility from any standard for bottling water imposed pursuant to federal law. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires the State Department of Public Health to, on or before December 31, 2013, adopt uniform water recycling criteria for indirect potable reuse for groundwater recharge and to investigate and, on or before December 31, 2016, report to the Legislature on the feasibility of developing uniform water recycling criteria for direct potable reuse. Existing law transferred these powers and responsibilities to the State Water Resources Control Board on July 1, 2014. +Under existing law, the State Department of Public Health licenses and regulates water bottlers, distributors, and vendors. Existing law prescribes various quality and labeling standards for bottled water and limits the levels of certain contaminants that may be contained in those water products. Violation of these provisions is a crime. +This bill would authorize the operator of an advanced water purification facility to cause advanced purified demonstration water to be bottled and distributed as samples for educational purposes and to promote water recycling, as specified. The bill would prohibit the advanced purified demonstration water in each bottle from exceeding 8 ounces and would prohibit that water from being distributed unless the water, among other requirements, meets or exceeds all federal and state drinking water standards. The bill would authorize advanced purified demonstration water to be bottled at a licensed water-bottling plant in compliance with specified provisions. The bill would further establish bottling and labeling requirements for advanced purified demonstration water and would prohibit a facility from causing more than 1,000 gallons of the water to be bottled in a calendar year. The bill would require an operator of an advanced water purification facility seeking to bottle advanced purified demonstration water to establish a collection and recycling program for distributed bottles. The bill would require the operator to maintain a daily record of the number of individuals to whom the water is distributed, served, made available, or otherwise distributed and to submit a report based on those records, as specified and under penalty of perjury, to the state board. By creating a new crime, this bill would impose a state-mandated local program. +This bill would require a bottler of advanced purified demonstration water to submit sample labels and specified analyses of the advanced purified demonstration water to the department and to conduct a full sanitation of the bottling and filling equipment immediately after bottling advanced purified demonstration water. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 111070.5 to the Health and Safety Code, and to add Section 13570 to the Water Code, relating to water." +997,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7312 of the Business and Professions Code is amended to read: +7312. +(a) The board shall do all of the following: +(1) Make rules and regulations in aid or furtherance of this chapter in accordance with the Administrative Procedure Act. +(2) Conduct and administer examinations of applicants for licensure. +(3) Issue licenses to those applicants that may be entitled thereto. +(4) Discipline persons who have been determined to be in violation of this chapter or the regulations adopted pursuant to this chapter. +(5) Adopt rules governing sanitary conditions and precautions to be employed as are reasonably necessary to protect the public health and safety in establishments, schools approved by the board, and in the practice of any profession provided for in this chapter. The rules shall be adopted in accordance with the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Title 2 of the Government Code, and shall be submitted to the State Department of Public Health and approved by that department prior to filing with the Secretary of State. A written copy of all those rules shall be furnished to each licensee. +(6) Offer and make available all written materials provided to licensees and applicants in English, Korean, Spanish, and Vietnamese. +(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017. +SEC. 2. +Section 7314 of the Business and Professions Code is amended to read: +7314. +(a) The board shall keep a record of its proceedings relating to its public meetings, meetings of committees, and records relating to the issuance, refusal, renewal, suspension, and revocation of licenses. +(b) The board shall keep a registration record of each licensee containing the name, address, license number, and date issued. This record shall also contain any facts that the applicants may have stated in their application for examination for licensure. The board shall collect, through optional questions on a written application for a license and in an electronic application to renew a license issued pursuant to this chapter, the spoken and written language preference of each applicant. +(c) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017. +SEC. 3. +Section 7314.3 of the Business and Professions Code is amended to read: +7314.3. +(a) The board shall establish a Health and Safety Advisory Committee to provide the board with advice and recommendations on health and safety issues before the board that impact licensees, including how to ensure licensees are aware of basic labor laws. Basic labor laws include, but are not limited to, all of the following: +(1) Key differences between the legal rights, benefits, and obligations of an employee and an independent contractor. +(2) Wage and hour rights for hourly employees. +(3) Antidiscrimination laws relating to the use of a particular language in the workplace. +(4) Antiretaliation laws relating to a worker’s right to file complaints with the Department of Industrial Relations. +(5) How to obtain more information about state and federal labor laws. +(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017. +SEC. 4. +Section 7337 of the Business and Professions Code is amended to read: +7337. +(a) Every application for admission to examination and licensure shall be in writing, on forms prepared and furnished by the board. +(b) Each application shall be accompanied by the required fee, and shall contain proof of the qualifications of the applicant for examination and licensure. It shall be verified by the oath of the applicant and shall include a signed acknowledgment that the applicant understands his or her rights as a licensee as outlined in informational materials on basic labor laws, as specified in Section 7314.3, that the applicant is provided by the board with the application. Every applicant shall, as a condition of admittance to the examination facility, present satisfactory proof of identification. Satisfactory proof of identification shall be in the form of a valid, unexpired driver’s license or identification card, containing the photograph of the person to whom it was issued, issued by any state, federal, or other government entity. +(c) Every electronic application to renew a license shall include a signed acknowledgment that the renewal applicant understands his or her rights as a licensee as outlined in informational materials on basic labor laws, as specified in Section 7314.3, that the renewal applicant is provided by the board with the renewal application. +(d) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017. +SEC. 5. +Section 7347 of the Business and Professions Code is amended to read: +7347. +(a) Any person, firm, or corporation desiring to operate an establishment shall make an application to the bureau for a license accompanied by the fee prescribed by this chapter. The application shall be required whether the person, firm, or corporation is operating a new establishment or obtaining ownership of an existing establishment. The application shall include a signed acknowledgment that the applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, the applicant is provided by the board with the application. Every electronic application to renew a license shall include a signed acknowledgment that the renewal applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, that the renewal applicant is provided by the board with the renewal application. If the applicant is obtaining ownership of an existing establishment, the board may establish the fee in an amount less than the fee prescribed by this chapter. The applicant, if an individual, or each officer, director, and partner, if the applicant is other than an individual, shall not have committed acts or crimes which are grounds for denial of licensure in effect at the time the new application is submitted pursuant to Section 480. A license issued pursuant to this section shall authorize the operation of the establishment only at the location for which the license is issued. Operation of the establishment at any other location shall be unlawful unless a license for the new location has been obtained upon compliance with this section, applicable to the issuance of a license in the first instance. +(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017. +SEC. 6. +Section 7389 of the Business and Professions Code is amended to read: +7389. +(a) The board shall develop or adopt a health and safety course on hazardous substances and basic labor laws, as specified in Section 7314.3, which shall be taught in schools approved by the board. Course development shall include pilot testing of the course and training classes to prepare instructors to effectively use the course. +(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.","Existing law, the Barbering and Cosmetology Act, establishes the State Board of Barbering and Cosmetology for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices. Existing law requires the board to carry out a list of duties, including making rules and regulations, conducting and administering license examinations, issuing licenses to qualified applicants, and disciplining persons who violate the act. +This bill would require that the board offer and make available all written materials provided to licensees and applicants in English, Korean, Spanish, and Vietnamese. +Existing law requires the board to establish a Health and Safety Advisory Committee to provide the board with advice and recommendations on health and safety issues before the board. +This bill would specify that the health and safety issues are those that impact licensees, including how to ensure licensees are aware of basic labor laws, as specified. +Existing law requires every application for admission to examination and licensure to be verified by the oath of the applicant. +This bill would additionally require every application for admission to examination and licensure and every electronic application to renew a license to include a signed acknowledgment that the applicant understands his or her rights as a licensee as outlined in informational materials on basic labor laws that the applicant is provided by the board with the application or renewal application. +Existing law requires the licensure of any person, firm, or corporation operating an establishment engaged in a practice regulated by the board. Existing law requires a separate license for each location where the establishment operates. Existing law requires applicants to submit an application, accompanied by a prescribed fee. Existing law prohibits the board from issuing a license to any applicant who has committed specified acts or crimes which are grounds for denial of licensure in effect at the time the new application is submitted. +This bill would require, as part of a complete application for a license to operate an establishment, and an electronic application to renew a license to operate an establishment, a signed acknowledgment that the applicant understands the informational materials on basic labor laws the applicant is provided by the board with the application or renewal application and that establishments are responsible for compliance with any applicable labor laws of the state. +Existing law requires the board to keep a registration record of each licensee containing the name, address, license number, date issued, and any facts that the applicant may have stated in the application for examination for licensure. +This bill would require the board to collect, through optional questions on a written application for a license and in an electronic application to renew a license, the language preference of the applicant. +Existing law requires the board to admit to a licensing examination an applicant who meets certain qualifications, including having completed one or more courses, as specified, offered by a school approved by the board. Existing law requires the board to develop or adopt a health and safety course on hazardous substances that is required to be taught in schools approved by the board. Existing law requires course development to include pilot testing of the course and training classes to prepare instructors to effectively use the course. +This bill would require the health and safety course that the board is required to develop or adopt to additionally cover basic labor laws, as specified. +This bill’s provisions would become operative on July 1, 2017.","An act to amend Sections 7312, 7314, 7314.3, 7337, 7347, and 7389 of the Business and Professions Code, relating to professions and vocations." +998,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) facilitates the maintenance of a quality environment for the people of the state through identification of significant effects on the environment caused by a proposed project, consideration of alternatives, and implementation of feasible mitigation measures to reduce those effects. +(2) The act is premised on transparency in decisionmaking through public dissemination of information about a proposed project’s effect on the environment. +(3) The act empowers the public to challenge a project in court for failure to fully comply with the act’s exhaustive disclosure and mitigation requirements. +(4) Various entities are increasingly using litigation pursuant to the act for competitive purposes to either frustrate a competitor’s project or to extract concessions from a project proponent. +(5) Despite the focus on transparency and public disclosure in the decisionmaking process, shadow groups funded by unknown backers often threaten and bring litigation challenging proposed projects without being required to disclose who is funding the litigation or what financial interests those entities have related to the proposed project. +(6) Project opponents sometimes strategically use litigation to delay a project past its point of economic viability, thereby using litigation to stop projects that could not otherwise be stopped during the decisionmaking process. +(7) California Rules of Court require the disclosure of entities that fund the preparation and submission of amicus briefs to the court. +(8) The state and public have a compelling interest in the disclosure of the identities of entities that fund litigation under the act so they can better understand the identities of those organizations participating in the public decisionmaking process, determine whether the petitioner or plaintiff may be suing for competitive or other nonenvironmental purposes, and protect scarce judicial resources by deterring entities from using lawsuits for competitive or other nonenvironmental purposes. +(9) The courts have a compelling interest in disclosure to determine whether the plaintiff or petitioner is seeking to advance environmental, nonenvironmental, or a mix of environmental and nonenvironmental interests in filing an action pursuant to the act. +(b) It is the intent of the Legislature to require plaintiffs and petitioners bringing an action pursuant to the act to disclose those persons or entities who make contributions to fund the preparation of the petition and subsequent actions or proceedings and any financial interests they may have related to the proposed project. +SEC. 2. +Section 21175 is added to the Public Resources Code, to read: +21175. +(a) In an action or proceeding to attack, review, set aside, void, or annul any act or decision of a public agency on the grounds of noncompliance with this division, the plaintiff or petitioner shall include an affidavit identifying every person or entity who made a monetary contribution of one thousand dollars ($1,000) or more, or committed to contribute one thousand dollars ($1,000) or more, for the preparation of the petition and subsequent action or proceeding. +(b) The plaintiff or petitioner shall have a continuing obligation throughout the course of the proceeding to identify any person or entity that has made a single or multiple contributions or commitments, the sum of which is $1,000 or more, and that were intended to fund the action or proceeding. +(c) The disclosures required pursuant to subdivisions (a) and (b) shall also include the identity of any pecuniary or business interest that the person or entity has related to the proposed project. +(d) A plaintiff or petitioner may request the court’s permission to withhold the public disclosure of a contributor. The court may grant the request if it finds that the public interest in keeping that information confidential clearly outweighs the public interest in disclosure. +(e) A court may, upon its own motion or the motion of any party, take any action necessary to compel compliance with the requirements of this section, up to and including dismissal of the action or proceeding. +(f) An individual contributing funds to file an action or proceeding pursuant to this division in his or her individual capacity, and not as a representative for an organization or association, has the right to limit disclosure of his or her personal information to an in-camera review by the court. +(g) The information disclosed pursuant to this section may be used to enable a court to determine whether the financial burden of private enforcement supports the award of attorneys’ fees in actions or proceedings brought to enforce this division. +SECTION 1. +Section 21001.1 of the +Public Resources Code +is amended to read: +21001.1. +The Legislature further finds and declares that it is the policy of the state that projects to be carried out by public agencies be subject to the same level of review and consideration under this division as that required of private projects required to be approved by public agencies.","The California Environmental Quality Act requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. +Existing law declares the policy of the state that a project to be carried out by a public agency be subject to the same level of review and consideration under the act as that required of private projects required to be approved by public agencies. +The act authorizes specified entities to file and maintain with a court an action or proceeding to attack, review, set aside, void, or annul an act of a public agency on grounds of noncompliance with the requirements of the act. +This bill would make a technical, nonsubstantive change to those provisions. +This bill would require a plaintiff or petitioner, in an action brought pursuant to the act, to disclose the identity of a person or entity that contributes in excess of $1,000, as specified, toward the plaintiff’s or petitioner’s costs of the action. The bill also would require the plaintiff or petitioner to identify any pecuniary or business interest related to the project or issues involved in the action of any person or entity that contributes in excess of $1,000 to the costs of the action, as specified. The bill would provide that a failure to comply with these requirements may be grounds for dismissal of the action by the court.","An act to +amend Section 21001.1 of +add Section 21175 to +the Public Resources Code, relating to environmental quality." +999,"The people of the State of California do enact as follows: + + +SECTION 1. +Part 1.87 (commencing with Section 34191.30) is added to Division 24 of the Health and Safety Code, to read: +PART 1.87. Affordable Housing Special Beneficiary District +34191.30 +For purposes of this part, the following definitions shall apply: +(a) “Affordable housing” means a dwelling available for purchase or lease by persons and families who qualify as low or moderate income, as defined in Section 50093, very low income households, as defined in Section 50105, or extremely low income households, as defined in Section 50106. +(b) “Beneficiary district” is an affordable housing special beneficiary district established pursuant to this part that exists for a limited duration as a distinct local governmental entity for the express purposes of receiving rejected distributions of property tax revenues and providing financing assistance to promote affordable housing within its boundaries. +(c) “Distributions of property tax revenues” means all property tax revenues a city or county would be entitled to receive pursuant to Part 1.85 (commencing with Section 34170). +34191.35. +(a) Commencing when a successor entity, including a designated local authority established pursuant to subdivision (d) of Section 34173, receives a finding of completion pursuant to Section 34179.7, there exists, within the same geographical boundaries of the jurisdiction of that successor entity, an affordable housing special beneficiary district. +(b) (1) A beneficiary district shall cease to exist on the earlier of the 90th calendar day after the date the Department of Finance approves a request to dissolve the successor entity pursuant to Section 34187, or the 20th anniversary of the date that the successor entity received a finding of completion pursuant to Section 34179.7. On and after the date a beneficiary district ceases to exist, the beneficiary district shall not have the authority to conduct any business, including, but not limited to, taking any action or making any payment, and any funds of the beneficiary district shall automatically transfer to the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45 that were thereafter directed to the beneficiary district. +(2) Notwithstanding Section 34191.40, the terms of the members of the board of a beneficiary district shall expire on the date the beneficiary district ceases to exist. +(3) Any legal right of the beneficiary district on or after the date the beneficiary district ceases to exist, including, but not limited to, the right to repayment pursuant to a loan made by the beneficiary district, is the right of the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45 that was thereafter directed to the beneficiary district. +34191.40. +(a) A beneficiary district shall be governed by a board composed of the following five members: +(1) Three members of the city council, if a city formed the redevelopment agency, or three members of the board of supervisors, if a county formed the redevelopment agency. The three members shall be appointed by the city council or board of supervisors, as applicable. +(2) The treasurer of the city or county that formed the redevelopment agency. +(3) One member of the public who lives within the boundaries of the beneficiary district who is appointed by the city council or county board of supervisors of the city or county that formed the redevelopment agency. +(b) The board shall elect one of its members as the chairperson. +(c) Each member shall serve a term of four years from the date of his or her appointment. Vacancies on the board shall be filled by the appointing authority for a new four-year term. A member may be reappointed. +(d) Each member shall serve without compensation. +34191.45. +(a) Notwithstanding any other law, a city or county may by ordinance or resolution reject its distributions of property tax revenues that it would otherwise receive pursuant to Part 1.85 (commencing with Section 34170). Except as provided in subdivision (b) of Section 34191.35, on and after the date that a city or county rejects its distributions of property tax revenues, the city or county shall not have any claim to, or control over, the distributions of property tax revenues it may have otherwise received pursuant to Part 1.85 (commencing with Section 34170), and the county auditor-controller shall transfer all of the distributions of property tax revenues to the beneficiary district. +(b) This section shall not apply to any city, county, or city and county that formed a redevelopment agency if either of the following apply: +(1) The city, county, or city and county became the successor agency to the redevelopment agency and did not receive a finding of completion pursuant to Section 34179.7. +(2) The designated local authority of the redevelopment agency, formed pursuant to subdivision (d) of Section 34173, did not receive the finding of completion pursuant to Section 34179.7. +34191.50. +(a) A beneficiary district shall use any funds provided to it for the express purpose of promoting the development of affordable housing within its boundaries. +(b) A beneficiary district may promote the development of affordable housing by doing any of the following: +(1) Issuing bonds to be repaid from the distributions of property tax revenues directed to the beneficiary district. +(2) Providing financial assistance for the development of affordable housing, including, but not limited to, providing loans, grants, and other financial incentives and support. +(3) Taking other actions the board determines will promote the financing of the development of affordable housing within its boundaries. +(c) A beneficiary district shall not undertake any obligation that requires an action after the date it will cease to exist, including, but not limited to, issuing a bond that requires any repayment of the bond obligation after the date the beneficiary district will cease to exist. +34191.55. +(a) A beneficiary district shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). +(b) When a beneficiary district ceases to exist pursuant to subdivision (b) of Section 34191.35, a public record of the beneficiary district shall be the property of the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45.","Existing law requires, from February 1, 2012, to July 1, 2012, inclusive, and for each fiscal year thereafter, the county auditor-controller in each county to allocate property tax revenues in the county’s Redevelopment Property Tax Trust Fund, established to receive revenues equivalent to those that would have been allocated to former redevelopment agencies had those agencies not been dissolved, towards the payment of enforceable obligations and among entities that include, among others, a city, county, or city and county. +This bill would authorize a city or county to reject its allocations of property tax revenues that it would otherwise receive pursuant to specified statutory provisions governing the dissolution of redevelopment agencies. The bill would except from this authorization a city, county, or city and county that became the successor agency to the redevelopment agency and did not receive a finding of completion from the Department of Finance, as specified, and any designated local authority of a redevelopment agency, formed as specified, that did not receive the finding of completion from the Department of Finance. The bill would direct those rejected distributions of property tax revenues to an affordable housing special beneficiary district, established as a temporary and distinct local governmental entity for the express purposes of receiving rejected distributions of property tax revenues and providing financing assistance to promote affordable housing within its boundaries. The bill would require a beneficiary district to be governed by a 5-member board and comply with specified open meeting and public record laws. The bill would automatically require a beneficiary district to cease to exist on a specifically calculated date and prohibit a beneficiary district from undertaking any obligation that requires its action past that date. The bill would transfer any funds and public records of a beneficiary district remaining after the date the beneficiary district ceases to exist to the city or county that rejected its distributions of property tax revenues that were thereafter directed to that beneficiary district, as specified.","An act to add Part 1.87 (commencing with Section 34191.30) to Division 24 of the Health and Safety Code, relating to local government." diff --git a/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-5.csv b/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-5.csv new file mode 100644 index 0000000000..4d7d41ff57 --- /dev/null +++ b/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-5.csv @@ -0,0 +1,12576 @@ +Unnamed: 0,text,summary,title +1000,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 56804 of the Government Code is amended to read: +56804. +For any proposal that includes a disincorporation, the executive officer shall prepare, or cause to be prepared by contract, a comprehensive fiscal analysis. This analysis shall become part of the report required pursuant to Section 56665. Data used for the analysis shall be from the most recent fiscal year for which data is available, preceding the issuances of the certificate of filing. When data requested by the executive officer in the notice to affected agencies, pursuant to paragraph (2) of subdivision (b) of Section 56658, is unavailable, the analysis shall document the source and methodology of the data used. The analysis shall review and document each of the following: +(a) The direct and indirect costs incurred by the city proposed for disincorporation for providing public services during the three fiscal years immediately preceding the submittal of the proposal for disincorporation. +(b) The direct and indirect costs incurred by the city proposed for disincorporation for current and proposed capital improvements, facilities, assets, and infrastructure. +(c) The sources of funding, if any, available to the entities proposed to assume the obligations of the city proposed for disincorporation. +(d) The anticipated costs, including all direct and indirect costs, to the entities proposed to assume the obligations of the city proposed for disincorporation in the provision of services to the area proposed for disincorporation. +(e) When determining costs, the executive officer shall also include all direct and indirect costs of any public services that are proposed to be transferred to state agencies for delivery. +(f) The revenues of the city proposed for disincorporation during the three fiscal years immediately preceding the initiation of the disincorporation proposal. +(g) All current and long-term liabilities, including, but not limited to, debt obligations, of the city proposed for disincorporation, including the balance of the restricted and unrestricted funds available to extinguish the obligations and liabilities. +(h) The potential financing mechanism or mechanisms to address any shortfalls and obligations for those responsibilities identified in this section, including, but not limited to, taxes or assessments. +(i) Any other information and analysis needed to make the findings required by Section 56770. +SEC. 2. +Section 56816 of the Government Code is amended to read: +56816. +(a) It is the intent of the Legislature that any proposal that includes the disincorporation of a city result in a determination that the debt or contractual obligations and responsibilities of the city being disincorporated shall be the responsibility of that same territory for repayment. To ascertain this information, the city shall provide a written statement that determines and certifies all of the following to the commission prior to the issuance of a certificate of filing for a disincorporation proposal, pursuant to Sections 56651 and 56658: +(1) The indebtedness of the city. +(2) The amount of money in the city’s treasury. +(3) The amount of any tax levy, assessment, or other obligation due to the city that is unpaid or has not been collected. +(4) The amount of current and future liabilities, both internal debt owed to other special or restricted funds or enterprise funds within the agency and external debt owed to other public agencies or outside lenders or that results from contractual obligations, which may include contracts for goods or services, retirement obligations, actuarially determined unfunded pension liability of all classes in a public retirement system, including any documentation related to the termination of public retirement contract provisions, and the liability for other postemployment benefits. The information required by this paragraph shall include any associated revenue stream for financing that may be or has been committed to that liability, including employee contributions. +(b) The city shall provide a written statement identifying the successor agency to the city’s former redevelopment agency, if any, pursuant to Section 34173 of the Health and Safety Code. +SEC. 3. +Section 57405 of the Government Code is amended to read: +57405. +If a tax or assessment has been levied by the disincorporated city and remains uncollected, the county tax collector shall collect it when due and pay it into the county treasury on behalf of the designated successor agency or county to wind up the affairs of the disincorporated city. +SEC. 4. +Section 57412 of the Government Code is amended to read: +57412. +The governing body of the successor shall provide for collection of debts due the city and wind up its affairs. Upon an order by the commission, the appropriate officer of the successor shall perform any act necessary for winding up the city affairs, with the same effect as if it had been performed by the proper city officer. +SEC. 5. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, requires the executive officer of a local agency formation commission to prepare a comprehensive fiscal analysis for any proposal that includes a disincorporation, as specified. Existing law requires the comprehensive fiscal analysis to include, among other things, a review and documentation of specified costs associated with the proposed disincorporation. +This bill would additionally require the comprehensive fiscal analysis to include a review and documentation of all current and long-term liabilities of the city proposed for disincorporation and the potential financing mechanism or mechanisms to address any identified shortfalls and obligations, as specified. +(2) The act states the intent of the Legislature that a proposal that includes a disincorporation of a city result in a determination that the debt or contractual obligations and responsibilities of the city being disincorporated be the responsibility of the same territory for repayment. To ascertain this information, the act requires the city being disincorporated to provide a written statement that includes specified information relating to its debts and contractual obligations. +This bill would additionally require that statement to include the amount of any assessment due the city that is unpaid or uncollected. +(3) The act requires the county tax collector to collect a tax that has been levied by the disincorporated city that remains uncollected. +This bill would additionally require the county tax collector to collect an assessment that has been levied by the disincorporated city that remains uncollected. By imposing new duties on local officials, this bill would impose a state-mandated local program. +(4) The act requires the board of supervisors to provide for the collection of debts due to a city being disincorporated and to wind up its affairs, as specified. +This bill would instead require the governing board of the successor to provide for the collection of debts due to the city and to wind up its affairs, as specified. +(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 56804, 56816, 57405, and 57412 of the Government Code, relating to local government." +1001,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 2.3 (commencing with Section 18890) is added to Division 8 of the Business and Professions Code, to read: +CHAPTER 2.3. Online Child Care Job Posting Services +18890. +For the purposes of this chapter, the following definitions apply: +(a) “Online child care job posting service” means any person or business that provides or offers to provide child care providers. +(b) “Background check service provider” means any person or business that provides or offers to provide background check services. +18890.2. +(a) (1) An online child care job posting service that provides online information about potential child care providers who are not required to be licensed in California shall include the following statement on its Internet Web site in California, which shall be accessible no more than one click away from the providers’ profile: + + +“Trustline is California’s official background check for license-exempt child care providers (i.e. babysitters and nannies) and the only authorized screening program in California with access to fingerprint records at the California Department of Justice and the Federal Bureau of Investigation and access to the California Child Abuse Central Index. The Trustline registry toll-free telephone number is 1–800–822–8490.” + + +(2) An online child care job posting service that provides online information in California about potential child care providers who are required to be licensed in California shall include the following statement on its Internet Web site in California, which shall be accessible no more than one click away from the providers’ profile: + + +“Pursuant to Section 1596.859 of the Health and Safety Code, parents have the right to receive information regarding any substantiated or inconclusive complaint about licensed child care providers. That information is public and can be acquired by visiting the California Department of Social Services’ Internet Web site at “www.ccld.ca.gov.”” + + +(b) If the online child care job posting service provides access to a background check for the child care providers listed on its Internet Web site in California, it shall provide, by means of a one-click link on each California child care provider profile for which background checks are offered, the written description of the background check provided to it, as described in subdivision (c). +(c) Background check service providers that provide background checks for online child care job posting services in California shall provide to the online child care job posting services a written description of the background checks conducted that includes at a minimum: +(1) A detailed description of what is included in the background check. +(2) A chart that lists each county in California and the databases that are checked for each county, including the following information for each database, as applicable: +(A) The source of the data, the name of the database used, and a brief description of the data included in the database. +(B) The date range of the oldest data and the most recent data included. +(C) How often the information is updated. +(D) How the databases are checked (by name, social security number, fingerprints, etc.). +(E) A list of the counties for which no data is available. +18890.4. +(a) An online child care job posting service or background check service provider that fails to comply with the requirements of this chapter may be liable for a civil penalty of one thousand dollars ($1,000) for each offense. The Attorney General, a city attorney, or a county counsel may bring an action to impose a civil penalty pursuant to this section after doing both of the following: +(1) Providing the online job posting service or background check service provider with reasonable notice of noncompliance. The notice shall inform the online job posting service or background check service provider that it will be subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the online job posting service or background check service provider. +(2) Verifying that the violation was not corrected within the 30-day period described in paragraph (1). +(b) The civil penalty shall be deposited into the General Fund if the action is brought by the Attorney General. If the action is brought by a city attorney, the civil penalty shall be paid to the treasurer of the city in which the judgment is entered. If the action is brought by a county counsel, the civil penalty shall be paid to the treasurer of the county in which the judgment is entered. +18890.6. +(a) In addition to the authority granted to the Attorney General, a city attorney, or a county counsel in Section 18890.4, an individual damaged by a willful violation of the provisions of this chapter may bring a civil cause of action against an online child care job posting service or background check service provider for damages, including, but not limited to, general damages, special damages, and punitive damages. +(b) The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper. +(c) The rights and remedies provided in this chapter are in addition to any other rights and remedies provided by law.","Existing law prohibits a person, firm, partnership, association, or corporation from operating, establishing, managing, conducting, or maintaining a child day care facility without a current valid license. +Existing law requires the Community Care Licensing Division of the State Department of Social Services to regulate child care licensees. Existing law requires the department to establish a registry of child care providers who are not required to be licensed, but who have undergone criminal background checks. These license-exempt providers are known as registered trustline child care providers. Existing law also requires a licensed child day care facility to make available to the public licensing reports and other licensing documents that pertain to a facility visit or a substantiated complaint investigation, among other licensing issues. +Existing law establishes in the State Treasury the Child Health and Safety Fund. Existing law authorizes the department to allocate these funds, upon appropriation by the Legislature, for purposes that include, among other things, technical assistance, orientation, training, and education of child day care facility providers. +This bill would require an online child care job posting service providing online information about nonlicensed potential child care providers to include a specified statement regarding the trustline registry on its Internet Web site in California. The bill would also require an online child care job posting service providing online information about licensed potential child care providers to include a statement regarding a parent’s right to specified complaint information on its Internet Web site in California. If an online child care job posting service provides access to a background check, the bill would require the service to include, on its Internet Web site in California, a written description of the background check provided by the background check service provider. The bill would make a background check service provider responsible for providing the online child care job posting service with certain information. The bill would authorize an online child care job posting service or background check service provider to be liable for a civil penalty for failing to comply with these requirements and would authorize the Attorney General, a city attorney, or a county counsel to bring such an action if certain requirements are met. The bill would also authorize an individual damaged by willful violation of these provisions to bring a civil cause of action for damages, as provided.","An act to add Chapter 2.3 (commencing with Section 18890) to Division 8 of the Business and Professions Code, relating to business." +1002,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1212 of the Health and Safety Code is amended to read: +1212. +(a) Any person, firm, association, partnership, or corporation desiring a license for a clinic or a special permit for special services under the provisions of this chapter, shall file with the department a verified application on forms prescribed and furnished by the department, containing the following: +(1) Evidence satisfactory to the department that the applicant is of reputable and responsible character. If the applicant is a firm, association, partnership, trust, corporation, or other artificial or legal entity, like evidence shall be submitted as to the members, partners, trustees or shareholders, directors, and officers thereof and as to the person who is to be the administrator of, and exercise control, management, and direction of the clinic for which application is made. +(2) If the applicant is a partnership, the name and principal business address of each partner, and, if any partner is a corporation, the name and principal business address of each officer and director of the corporation and name and business address of each stockholder owning 10 percent or more of the stock thereof. +(3) If the applicant is a corporation, the name and principal business address of each officer and director of the corporation, and if the applicant is a stock corporation, the name and principal business address of each stockholder holding 10 percent or more of the applicant’s stock and, if any stockholder is a corporation, the name and principal business address of each officer and director of the corporate stockholder. +(4) Evidence satisfactory to the department of the ability of the applicant to comply with the provisions of this chapter and rules and regulations promulgated under this chapter by the department. +(5) The name and address of the clinic, and if the applicant is a professional corporation, firm, partnership, or other form of organization, evidence that the applicant has complied with the requirements of the Business and Professions Code governing the use of fictitious names by practitioners of the healing arts. +(6) The name and address of the professional licentiate responsible for the professional activities of the clinic and the licentiate’s license number and professional experience. +(7) The class of clinic to be operated, the character and scope of advice and treatment to be provided, and a complete description of the building, its location, facilities, equipment, apparatus, and appliances to be furnished and used in the operation of the clinic. +(8) Sufficient operational data to allow the department to determine the class of clinic that the applicant proposes to operate and the initial license fee to be charged. +(9) Any other information as may be required by the department for the proper administration and enforcement of this chapter, including, but not limited to, evidence that the clinic has a written policy relating to the dissemination of the following information to patients: +(A) A summary of current state laws requiring child passenger restraint systems to be used when transporting children in motor vehicles. +(B) A listing of child passenger restraint system programs located within the county, as required by Section 27360 or 27362 of the Vehicle Code. +(C) Information describing the risks of death or serious injury associated with the failure to utilize a child passenger restraint system. +(b) (1) No application is required if a licensed primary care clinic adds a service that is not a special service, as defined in Section 1203, or any regulation adopted under that section, or remodels or modifies, or adds an additional physical plant maintained and operated on separate premises to, an existing primary care clinic site. However, the clinic shall notify the department, in writing, of the change in service or physical plant no less than 60 days prior to adding the service or remodeling or modifying, or adding an additional physical plant maintained and operated on a separate premises to, an existing primary care clinic site. Nothing in this subdivision shall be construed to limit the authority of the department to conduct an inspection at any time pursuant to Section 1227, in order to ensure compliance with, or to prevent a violation of, this chapter, or any regulation adopted under this chapter. +(2) If applicable city, county, or state law obligates the primary care clinic to obtain a building permit with respect to the remodeling or modification to be performed by the clinic, or the construction of a new physical plant, the primary care clinic shall provide a signed certification or statement as described in Section 1226.3 to the department within 60 days following completion of the remodeling, modification, or construction project covered by the building permit. +(c) In the course of fulfilling its obligations under Section 1221.09, the department shall ensure that any application form utilized by a primary care clinic, requiring information of the type specified in paragraph (1), (4), (8), or (9) of subdivision (a), is consistent with the requirements of Section 1225, including the requirement that rules and regulations for primary care clinics be separate and distinct from the rules and regulations for specialty clinics. Nothing in this section shall be construed to require the department to issue a separate application form for primary care clinics. +(d) (1) The department, upon written notification by a primary care clinic or an affiliate clinic of its intent to add an additional physical plant maintained and operated on separate premises, as described in paragraph (1) of subdivision (b) and upon payment of a licensing fee for each additional physical plant added, shall review the information provided in the notification, and if the information submitted is in compliance with the requirements specified in this subdivision, the department shall approve the additional physical plant within 30 days of all information being submitted and shall amend the primary care clinic or affiliate clinic’s license to include the additional physical plant as part of a single consolidated license. If the notification does not include the information required by this subdivision, the department shall notify the licensee of the need for additional information and shall not amend the license to add the additional physical plant until the additional information is received and reviewed by the department. +(2) Written notification shall include evidence that the primary care clinic or affiliate clinic is licensed in good standing and otherwise meets the criteria specified in this subdivision. In issuing the single consolidated license, the department shall specify the location of each physical plant. +(3) The written notification shall demonstrate compliance with all of the following criteria: +(A) There is a single governing body for all the facilities maintained and operated by the licensee. +(B) There is a single administration for all the facilities maintained and operated by the licensee. +(C) There is a single medical director for all the facilities maintained and operated by the licensee, with a single set of bylaws, rules, and regulations. +(D) The additional physical plant meets minimum construction standards of adequacy and safety for clinics found in the most recent version of the California Building Standards Code and prescribed by the Office of Statewide Health Planning and Development, as required in subdivision (b) of Section 1226. Compliance with the minimum construction standards of adequacy and safety may be established as specified in Section 1226.3. +(E) The additional physical plant meets fire clearance standards. +(4) The written notification required to be submitted pursuant to this subdivision shall include all of the following documentation: +(A) The name and address of the licensee’s corporation administrative office, including the name and contact information for the corporation’s chief executive officer or executive director. +(B) The name and address of, and the hours of operation and services provided by, the additional physical plant. +(C) A copy of any document confirming the corporation’s authority to control the additional physical plant. Examples of acceptable documentation include, but shall not be limited to, a lease or purchase agreement, grant deed, bill of sale, sublease, rental agreement, or memorandum of understanding between the owner of the property and the proposed licensee. +(5) A primary care clinic or an affiliate clinic may add additional physical plants pursuant to this section that are no more than one-half mile from the licensed clinic adding the additional physical plant under a consolidated license. +(6) Upon renewal of a consolidated license approved pursuant to this subdivision, a licensee fee shall be required for each additional physical plant approved on the license. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, the State Department of Public Health licenses and regulates primary care clinics, as defined. A violation of those provisions is a crime under existing law. Existing law authorizes a clinic corporation, on behalf of a primary care clinic that has held a valid, unrevoked, and unsuspended license for at least the immediately preceding 5 years, with no demonstrated history of repeated or uncorrected violations of specified provisions that pose immediate jeopardy to a patient, and that has no pending action to suspend or revoke its license, to file an affiliate clinic application to establish a primary care clinic at an additional site. Existing law provides that no application for licensure is required if a licensed primary care clinic adds a service that is not a special service, as defined, or remodels or modifies an existing primary care clinic site, but requires the clinic to notify the department of these events, as specified. +This bill would, among other things, expand that exception from licensure, and that notice requirement, to include a licensed primary care clinic or affiliate clinic that adds an additional physical plant maintained and operated on separate premises. The bill would require the department, upon written notification by a primary care clinic or affiliate clinic of its intent to add an additional physical plant maintained and operated on separate premises and upon payment of a licensing fee for each additional physical plant added, to review the information provided in the notification, and if the information submitted is in compliance with specified requirements, require the department to approve the additional physical plant within 30 days of all information being submitted, and to amend the primary care clinic or affiliate clinic’s license to include the additional physical plant as part of a single consolidated license. Because the bill would create a new crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1212 of the Health and Safety Code, relating to clinics." +1003,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 18904.25 of the Welfare and Institutions Code is amended to read: +18904.25. +(a) Pursuant to the federal Stewart B. McKinney Homeless Assistance Act (Public Law 100-77), the department shall develop CalFresh information on expedited services targeted to the homeless population, including unaccompanied homeless children and youths, as those terms are defined in Section 11434a of Title 42 of the United States Code. The department shall also develop information on expedited services specified in Section 18914.5 for victims of domestic violence. This information shall be made available to homeless shelters, domestic violence shelters, emergency food programs, local educational agency liaisons for homeless children and youths, designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, and other community agencies who provide services to people who are homeless. +(b) Each county human services agency shall annually offer training on CalFresh application procedures to homeless shelter operators. That training shall include eligibility criteria and specific information regarding the eligibility of unaccompanied homeless children and youths. In addition, each county human services agency, upon request, shall provide homeless shelters and domestic violence shelters with a supply of that portion of the CalFresh application used to request CalFresh expedited service. +(c) Upon receipt of a signed CalFresh application from an unaccompanied child or youth under 18 years of age, the county human services agency shall determine eligibility for CalFresh benefits, including making a determination of whether the child or youth is eligible to apply as a household of one or if he or she must apply with members of a household with whom he or she is regularly purchasing and preparing foods, and screen the application for entitlement to expedited service pursuant to Section 18914. If the application of the child or youth for CalFresh benefits is denied, the county human services agency shall provide the child or youth a written notice explaining the reason for the denial. +SEC. 2. +Section 18914.5 is added to the Welfare and Institutions Code, to read: +18914.5. +(a) To the extent permitted by federal law, regulations, waivers, and directives, a resident of, or an individual on a waiting list to get into, a shelter for battered women and children who is currently included in a certified household that also contains the abuser, may apply for and, if otherwise eligible, shall be entitled to expedited services of an additional allotment of CalFresh benefits as a separate household. +(b) For purposes of this section, “shelter for battered women and children” has the same meaning as provided in Section 271.2 of Title 7 of the Code of Federal Regulations. +SEC. 3. +Section 18926.5 of the Welfare and Institutions Code is amended to read: +18926.5. +(a) For the purposes of this chapter, “CalFresh Employment and Training program” or “CalFresh E&T” means the program established under Section 6(d)(4)(B) of the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015), Section 273.7 of Title 7 of the Code of Federal Regulations, and associated administrative notices published by the United States Department of Agriculture with the purpose of assisting members of CalFresh households in gaining skills, training, work, or experience that will increase their ability to obtain regular employment. +(b) (1) A county that elects to participate in the CalFresh Employment and Training (CalFresh E&T) program, as authorized by the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015), shall screen CalFresh work registrants to determine whether they will participate in, or be deferred from, CalFresh E&T. If deferred, a CalFresh work registrant may request to enroll in CalFresh E&T as a voluntary participant. An individual shall be deferred from a mandatory placement in CalFresh E&T if he or she satisfies any of the criteria in Sections 273.7 and 273.24 of Title 7 of the Code of Federal Regulations, if he or she resides in a federally determined work surplus area, if he or she is a veteran who has been honorably discharged from the United States Armed Forces, or if he or she is a victim of domestic violence. +(2) For purposes of this section, “deferred” has the same meaning as exempt. +(c) (1) A county participating in CalFresh E&T shall be required to demonstrate in its CalFresh E&T plan how it is effectively using CalFresh E&T funds for each of the components that the county offers, including, but not limited to, any of the following: +(A) Self-initiated workfare. +(B) Work experience or training. +(C) Education. +(D) Job search. +(E) The support services or client reimbursements needed to participate in subparagraphs (A) to (D), inclusive, as allowed by federal law and guidance. +(2) Nothing in this section shall be construed to require a county to offer a particular component as a part of its CalFresh E&T plan. +(d) Nothing in this section shall limit a county’s ability to condition the receipt of nonmedical benefits under Section 17000 on an individual’s participation in an employment and training or workfare program of the county’s choice, even if that program is financed in whole or in part with CalFresh E&T funds or match funds. +(e) Nothing in this section shall restrict the use of federal funds for the financing of CalFresh E&T programs. +(f) Nothing in this section shall be construed to require a county to provide for workers’ compensation coverage for a CalFresh E&T participant. Notwithstanding Division 4 (commencing with Section 3200) of the Labor Code, a CalFresh E&T participant shall not be an employee for the purposes of workers’ compensation coverage, and a county shall have no duty to provide workers’ compensation coverage for a CalFresh E&T participant. +(g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this section by all-county letters or similar instructions. Thereafter, the department shall adopt regulations to implement this section by October 1, 2013. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal law authorizes a resident of a shelter for battered women and children, as defined, who is currently included in a certified household that also contains the abuser, to apply and, if otherwise eligible, receive an additional allotment of benefits as a separate household. Existing federal law requires a county human services agency to provide CalFresh expedited services to certain households. +This bill would, to the extent permitted by federal law, regulations, waivers, and directives, authorize a resident of, or an individual on a waiting list to get into, a shelter for battered women and children who is currently included in a certified household that also contains the abuser, to apply for, and, if otherwise eligible, would provide that the resident or individual is entitled to, expedited services of an additional allotment of CalFresh benefits as a separate household. By imposing additional duties on local officials, this bill would impose a state-mandated local program. +Existing law requires the State Department of Social Services to develop and make available to homeless shelters, among other locations, CalFresh information on expedited services targeted to the homeless population. Existing law requires each county welfare department, upon request, to provide homeless shelters with a supply of CalFresh applications used to request expedited CalFresh services, as specified. +This bill would additionally require the department to develop and make available to domestic violence shelters CalFresh information on expedited services targeted to victims of domestic violence. The bill would also require a county human services agency, upon request, to provide domestic violence shelters with a supply of CalFresh applications used to request expedited CalFresh services, as specified. By imposing additional duties on local officials, this bill would impose a state-mandated local program. +Existing law authorizes counties to participate in the CalFresh Employment and Training program (CalFresh E&T), established by federal law, and requires participating counties to screen CalFresh work registrants to determine whether they will participate in, or be deferred from, CalFresh E&T. Existing law defers from mandatory placement in CalFresh E&T specified individuals, including an individual who is a veteran who has been honorably discharged from the United States Army. +This bill would additionally defer from mandatory placement in CalFresh E&T, an individual who is a victim of domestic violence. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 18904.25 and 18926.5 of, and to add Section 18914.5 to, the Welfare and Institutions Code, relating to CalFresh." +1004,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 21608.5 of the Business and Professions Code is amended to read: +21608.5. +(a) A junk dealer or recycler in this state shall not provide payment for nonferrous material unless, in addition to meeting the written record requirements of Sections 21605 and 21606, all of the following requirements are met: +(1) The payment for the material is made by cash or check. The check may be mailed to the seller at the address provided pursuant to paragraph (3) or the cash or check may be collected by the seller from the junk dealer or recycler on or after the third business day after the date of sale. +(2) At the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller. +(3) (A) Except as provided in subparagraph (B), the junk dealer or recycler obtains a copy of the valid driver’s license of the seller containing a photograph and an address of the seller, a copy of a state or federal government-issued identification card containing a photograph and an address of the seller, a passport from any other country in addition to another item of identification bearing an address of the seller, or a Matricula Consular in addition to another item of identification bearing an address of the seller. +(B) If the seller prefers to have the check for the material mailed to an alternative address, other than a post office box, the junk dealer or recycler shall obtain a copy of a driver’s license or identification card described in subparagraph (A), and a gas or electric utility bill addressed to the seller at that alternative address with a payment due date no more than two months prior to the date of sale. For purposes of this paragraph, “alternative address” means an address that is different from the address appearing on the seller’s driver’s license or identification card. +(4) The junk dealer or recycler obtains a clear photograph or video of the nonferrous material being purchased. +(5) The junk dealer or recycler shall preserve the information obtained pursuant to this subdivision for a period of two years after the date of sale. +(6) (A) The junk dealer or recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The junk dealer or recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in either hardcopy or electronic format for a period of two years after the date of sale. +(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of his or her authority in response to a criminal search warrant signed by a magistrate and served on the junk dealer or recycler by the peace officer. Probable cause for the issuance of that warrant must be based upon a theft specifically involving the transaction for which the thumbprint was given. +(b) Paragraph (1) of subdivision (a) shall not apply if any of the following conditions are met: +(1) During any three-month period commencing on or after the effective date of this section, the junk dealer or recycler completes five or more separate transactions per month, on five or more separate days per month, with the seller and, in order for paragraph (1) of subdivision (a) to continue to be inapplicable, the seller must continue to complete five or more separate transactions per month with the junk dealer or recycler. +(2) The junk dealer or recycler carries a surety bond in the minimum amount of one hundred thousand dollars ($100,000), covering the business entity at large, including all locations, which shall be maintained exclusively to cover the cost of loss to the verifiable owner of stolen scrap metal proved to be purchased by the junk dealer or recycler, as well as to cover the cost to local law enforcement relating to its investigation of the alleged theft of the specific material in question. The recoverable cost of loss to the verifiable owner of the stolen scrap metal shall be the damages as prescribed by Sections 3333, 3336, and 3336.5 of the Civil Code. The reimbursement for the value of stolen scrap metal hereunder shall in no way be treated under law as an admission of culpability by the junk dealer or recycler to any criminal activity involved in the alleged theft of the scrap metal. +(c) This section shall not apply if, on the date of sale, the junk dealer or recycler has on file or receives all of the following information: +(1) The name, physical business address, and business telephone number of the seller’s business. +(2) The business license number or tax identification number of the seller’s business. +(3) A copy of the valid driver’s license of the person delivering the nonferrous material on behalf of the seller to the junk dealer or the recycler. +(d) (1) This section shall not apply to the purchase of nonferrous material having a value of not more than twenty dollars ($20) in a single transaction, when the majority of the transaction is for the redemption of beverage containers under the California Beverage Container Recycling and Litter Reduction Act, as set forth in Division 12.1 (commencing with Section 14500) of the Public Resources Code. +(2) Materials made of copper or copper alloys shall not be purchased under this subdivision. +(e) This section shall not apply to coin dealers or to automobile dismantlers, as defined in Section 220 of the Vehicle Code. +(f) For the purposes of this section, “nonferrous material” means copper, copper alloys, stainless steel, or aluminum, but does not include beverage containers, as defined in Section 14505 of the Public Resources Code, that are subject to a redemption payment pursuant to Section 14560 of the Public Resources Code. +(g) This section is intended to occupy the entire field of law related to junk dealer or recycler transactions involving nonferrous material. However, a city or county ordinance, or a city and county ordinance, relating to the subject matter of this section is not in conflict with this section if the ordinance is passed by a two-thirds vote and it can be demonstrated by clear and convincing evidence that the ordinance is both necessary and addresses a unique problem within and specific to the jurisdiction of the ordinance that cannot effectively be addressed under this section. +(h) (1) On or before June 1, 2019, the California Research Bureau shall provide a report to the Legislature on the impact of paragraph (2) of subdivision (b) on efforts to reduce and eliminate metal theft. +(2) The report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. +(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed. +SEC. 2. +Section 21608.5 is added to the Business and Professions Code, to read: +21608.5. +(a) A junk dealer or recycler in this state shall not provide payment for nonferrous material unless, in addition to meeting the written record requirements of Sections 21605 and 21606, all of the following requirements are met: +(1) The payment for the material is made by cash or check. The check may be mailed to the seller at the address provided pursuant to paragraph (3) or the cash or check may be collected by the seller from the junk dealer or recycler on or after the third business day after the date of sale. +(2) At the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller. +(3) (A) Except as provided in subparagraph (B), the junk dealer or recycler obtains a copy of the valid driver’s license of the seller containing a photograph and an address of the seller, a copy of a state or federal government-issued identification card containing a photograph and an address of the seller, a passport from any other country in addition to another item of identification bearing an address of the seller, or a Matricula Consular in addition to another item of identification bearing an address of the seller. +(B) If the seller prefers to have the check for the material mailed to an alternative address, other than a post office box, the junk dealer or recycler shall obtain a copy of a driver’s license or identification card described in subparagraph (A), and a gas or electric utility bill addressed to the seller at that alternative address with a payment due date no more than two months prior to the date of sale. For purposes of this paragraph, “alternative address” means an address that is different from the address appearing on the seller’s driver’s license or identification card. +(4) The junk dealer or recycler obtains a clear photograph or video of the nonferrous material being purchased. +(5) The junk dealer or recycler shall preserve the information obtained pursuant to this subdivision for a period of two years after the date of sale. +(6) (A) The junk dealer or recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The junk dealer or recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in either hardcopy or electronic format for a period of two years after the date of sale. +(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of his or her authority in response to a criminal search warrant signed by a magistrate and served on the junk dealer or recycler by the peace officer. Probable cause for the issuance of that warrant must be based upon a theft specifically involving the transaction for which the thumbprint was given. +(b) Paragraph (1) of subdivision (a) shall not apply if, during any three-month period commencing on or after the effective date of this section, the junk dealer or recycler completes five or more separate transactions per month, on five or more separate days per month, with the seller and, in order for paragraph (1) of subdivision (a) to continue to be inapplicable, the seller must continue to complete five or more separate transactions per month with the junk dealer or recycler. +(c) This section shall not apply if, on the date of sale, the junk dealer or recycler has on file or receives all of the following information: +(1) The name, physical business address, and business telephone number of the seller’s business. +(2) The business license number or tax identification number of the seller’s business. +(3) A copy of the valid driver’s license of the person delivering the nonferrous material on behalf of the seller to the junk dealer or the recycler. +(d) (1) This section shall not apply to the purchase of nonferrous material having a value of not more than twenty dollars ($20) in a single transaction, when the majority of the transaction is for the redemption of beverage containers under the California Beverage Container Recycling and Litter Reduction Act, as set forth in Division 12.1 (commencing with Section 14500) of the Public Resources Code. +(2) Materials made of copper or copper alloys shall not be purchased under this subdivision. +(e) This section shall not apply to coin dealers or to automobile dismantlers, as defined in Section 220 of the Vehicle Code. +(f) For the purposes of this section, “nonferrous material” means copper, copper alloys, stainless steel, or aluminum, but does not include beverage containers, as defined in Section 14505 of the Public Resources Code, that are subject to a redemption payment pursuant to Section 14560 of the Public Resources Code. +(g) This section is intended to occupy the entire field of law related to junk dealer or recycler transactions involving nonferrous material. However, a city or county ordinance, or a city and county ordinance, relating to the subject matter of this section is not in conflict with this section if the ordinance is passed by a two-thirds vote and it can be demonstrated by clear and convincing evidence that the ordinance is both necessary and addresses a unique problem within and specific to the jurisdiction of the ordinance that cannot effectively be addressed under this section. +(h) This section shall become operative on January 1, 2020.","Existing law requires junk dealers and recyclers, as defined, to maintain written records of all sales and purchases made in the course of their business, and makes a violation of the recordkeeping requirements a misdemeanor. Existing law prohibits a junk dealer or recycler from providing payment for nonferrous material, as defined, unless the payment is made by cash or check, the check is mailed or the cash or check is provided no earlier than 3 days after the date of sale, and the dealer or recycler obtains a photograph or video of the seller and certain other identifying information, as specified, which is to be retained by the dealer or recycler, as part of the written record of purchases, for a specified period of time. Existing law exempts from the payment by cash or check requirement those sellers of junk or recycling materials who conduct 5 or more separate transactions per month with the junk dealer or recycler, as specified. +This bill +would +would, until January 1, 2020, +exempt from the payment by cash or check requirement those sellers of junk or recycling materials who carry a surety bond of at least $100,000, covering the business entity at large, including all locations, which exclusively covers the cost of loss to the verifiable owner of stolen scrap metal purchased by the junk dealer or recycler and the cost to local law enforcement of investigating the theft. The bill would define the recoverable cost of loss to the verifiable owner of the scrap metal to be specified damages. +The bill would also require the California Research Bureau to provide a report to the Legislature on or before June 1, 2019, on the impact of these provisions on efforts to reduce and eliminate metal theft.","An act to +amend +amend, repeal, and add +Section 21608.5 of the Business and Professions Code, relating to business." +1005,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) In recent decades, the number of Americans who have had contact with the criminal justice system has increased exponentially. It is estimated that about one in three adults in the U.S. has a criminal history record, which often consists of an arrest that did not lead to conviction, a conviction for which the person was not sentenced to a term of incarceration, or a conviction for a nonviolent crime. +(b) On any given day, about 2.3 million people are incarcerated in the U.S. and, each year, 700,000 people are released from prison and almost 13 million people are admitted to and released from local jails. +(c) California’s long-term economic growth is dependent on identifying ways in which those who face barriers to employment, such as being formerly incarcerated, can become contributing members of society and achieve financial independence. +SEC. 2. +Section 1234 of the Penal Code is amended to read: +1234. +For purposes of this chapter, the following terms have the following meanings: +(a) “California Workforce Development Board” means the California Workforce Development Board established pursuant to Article 1 (commencing with Section 14010) of Chapter 3 of Division 7 of the Unemployment Insurance Code. +(b) “Earn and learn” has the same meaning as in Section 14005 of the Unemployment Insurance Code. +(c) “Grant program” means the Supervised Population Workforce Training Grant Program. +(d) “Supervised population” means those persons who are on probation, mandatory supervision, or postrelease community supervision and are supervised by, or are under the jurisdiction of, a county. +SEC. 3. +Section 1234.1 of the Penal Code is amended to read: +1234.1. +(a) This chapter establishes the Supervised Population Workforce Training Grant Program to be administered by the California Workforce Development Board. +(b) The grant program shall be developed and implemented in accordance with the criteria set forth in Section 1234.3. In developing the program, the California Workforce Development Board shall consult with public and private stakeholders, including local workforce development boards, local governments, and nonprofit community-based organizations that serve the supervised population. +(c) The grant program shall be funded, upon appropriation by the Legislature. Implementation of this program is contingent upon the director of the California Workforce Development Board notifying the Department of Finance that sufficient moneys have been appropriated for this specific grant program. +(d) The outcomes from the grant program shall be reported pursuant to Section 1234.4. +SEC. 4. +Section 1234.2 of the Penal Code is amended to read: +1234.2. +The California Workforce Development Board shall administer the grant program as follows: +(a) Develop criteria for the selection of grant recipients through a public application process, including, but not limited to, the rating and ranking of applications that meet the threshold criteria set forth in this section. +(b) Design the grant program application process to ensure all of the following occurs: +(1) Outreach and technical assistance is made available to eligible applicants, especially to small population and rural counties. +(2) Grants are awarded on a competitive basis. +(3) Small and rural counties are competitive in applying for funds. +(4) Applicants are encouraged to develop evidence-based, best practices for serving the workforce training and education needs of the supervised population. +(5) The education and training needs of one or both of the following are addressed: +(A) Individuals with some postsecondary education who can enter into programs and benefit from services that result in certifications, and placement on a middle skill career ladder. +(B) Individuals who require basic education as well as training in order to obtain entry level jobs where there are opportunities for career advancement. +SEC. 5. +Section 1234.3 of the Penal Code is amended to read: +1234.3. +(a) The grant program shall be competitively awarded through at least two rounds of funding, with the first phase of funding being awarded on or before May 1, 2015. +(b) Each county is eligible to apply, and a single application may include multiple counties applying jointly. Each application shall include a partnership agreement between the county or counties and one or more local workforce development boards that outline the actions each party agrees to undertake as part of the project proposed in the application. +(c) At a minimum, each project proposed in the application shall include a provision for an education and training assessment for each individual of the supervised population who participates in the project. The assessment may be undertaken by the applicant or by another entity. A prior assessment of an individual may be used if, in the determination of the California Workforce Development Board, its results are accurate. The California Workforce Development Board may delegate the responsibility for determining the sufficiency of a prior assessment to one or more local workforce development boards. +(d) Eligible uses of grant funds include, but are not limited to, vocational training, stipends for trainees, and earn and learn opportunities for the supervised population. Supportive services and job readiness activities shall serve as bridge activities that lead to enrollment in long-term training programs. +(e) Preference shall be awarded to applications for the following: +(1) An application that proposes matching funds, including, but not limited to, moneys committed by local workforce development boards, local governments, and private foundation funds. +(2) An application submitted by a county that currently administers or participates in a workforce training program for the supervised population. +(3) An application that proposes participation by one or more nonprofit community-based organizations that serve the supervised population. +(4) An application that proposes participation by one or more employers who have demonstrated interest in employing individuals in the supervised population, including, but not limited to, earn and learn opportunities and intent to hire letters for successfully completing the program. +(f) An application shall meet the following requirements: +(1) Set a specific purpose for the use of the grant funds, as well as provide the baseline criteria and metrics by which the overall success of the grant project can be evaluated. +(2) Define the specific subset of the supervised population, among the eligible supervised population that the grant money will serve. +(3) Define the industry sector or sectors in which the targeted supervised population will be trained, including the current and projected workforce within the region for those jobs, the range of wage rates, and the training and education requirements within those industry sectors. +(4) Define the general methodology and training methods proposed to be used and explain the manner in which the progress of the targeted supervised population will be monitored during the grant period. +(g) As a condition of receiving funds, a grant recipient shall agree to provide information to the California Workforce Development Board in sufficient detail to allow the California Workforce Development Board to meet the reporting requirements in Section 1234.4. +SEC. 6. +Section 1234.4 of the Penal Code is amended to read: +1234.4. +(a) On at least an annual basis, and upon completion of the grant period, grant recipients shall report to the California Workforce Development Board regarding their use of the funds and workforce training program outcomes. +(b) By January 1, 2018, the California Workforce Development Board shall submit a report to the Legislature using the reports from the grant recipients. The report shall contain all the following information: +(1) The overall success of the grant program, based on the goals and metrics set in the awarded grants. +(2) An evaluation of the effectiveness of the grant program based on the goals and metrics set in the awarded grants. +(3) A recommendation on the long-term viability of local workforce development boards and county collaborations on workforce training programs for the supervised population. +(4) A recommendation on the long-term viability of county workforce training programs for the supervised population. +(5) In considering the overall success and effectiveness of the grant program, the report shall include a discussion of all of the following: +(A) The education and workforce readiness of the supervised population at the time individual participants entered the program and how this impacted the types of services needed and offered. +(B) Whether the programs aligned with the workforce needs of high-demand sectors of the state and regional economies. +(C) Whether there was an active job market for the skills being developed where the member of the supervised population was likely to be released. +(D) Whether the program increased the number of members of the supervised population that obtained a marketable and industry or apprenticeship board-recognized certification, credential, or degree. +(E) Whether the program increased the numbers of the supervised population that successfully complete a job readiness basic skill bridge program and enroll in a long-term training program. +(F) Whether there were formal or informal networks in the field that support finding employment upon release from custody. +(G) Whether the program led to employment in occupations with a livable wage. +(H) Whether the program provided training opportunities in areas related to work skills learned while incarcerated, including, but not limited to, while working with the Prison Industry Authority. +(I) Whether the metrics used to evaluate the individual grants were sufficiently aligned with the objectives of the program. +(c) (1) The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. +(2) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.","Existing law, until January 1, 2021, establishes the Supervised Population Workforce Training Grant Program to be administered, as provided, by the California Workforce Investment Board. Existing law establishes grant program eligibility criteria for counties and provides that eligible uses for grant funds include, but are not limited to, vocational training, stipends for trainees, and apprenticeship opportunities for the supervised population, which include individuals on probation, mandatory supervision, and postrelease community supervision. Existing law requires the board to develop criteria for the selection of grant recipients, but requires the board to give preference to certain grant applications, including an application that proposes participation by one or more nonprofit community-based organizations that serve the supervised population. Existing law requires the board, by January 1, 2018, to submit a report to the Legislature containing specified information, including an evaluation of the effectiveness of the grant program. +This bill would also require the board to give preference to a grant application that proposes participation by one or more employers who have demonstrated interest in employing individuals in the supervised population. The bill would require the board to include in its report to the Legislature whether the program provided training opportunities in areas related to work skills learned while incarcerated. The bill would update references to the California Workforce Investment Board to reflect its new name, the California Workforce Development Board.","An act to amend Sections 1234, 1234.1, 1234.2, 1234.3, and 1234.4 of the Penal Code, relating to recidivism." +1006,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11265.3 of the Welfare and Institutions Code is amended to read: +11265.3. +(a) In addition to submitting the semiannual report form as required in Section 11265.1, the department shall establish an income reporting threshold for recipients of CalWORKs. +(b) The CalWORKs income reporting threshold shall be the lesser of the following: +(1) Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipient’s monthly benefits. +(2) The amount likely to render the recipient ineligible for CalWORKs benefits. +(3) The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits. +(c) A recipient shall report to the county, orally or in writing, within 10 days, when any of the following occurs: +(1) The monthly household income exceeds the threshold established pursuant to this section. +(2) The household address has changed. The act of failing to report an address change shall not, in and of itself, result in a reduction in aid or termination of benefits. +(3) An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition of probation or parole, as specified in Section 11486.5. +(d) At least once per semiannual reporting period, counties shall inform each recipient of all of the following: +(1) The amount of the recipient’s income reporting threshold. +(2) The duty to report under this section. +(3) The consequences of failing to report. +(e) When a recipient reports income exceeding the reporting threshold, the county shall redetermine eligibility and the grant amount as follows: +(1) If the recipient reports the increase in income for the first through fifth months of a current semiannual reporting period, the county shall verify the report and determine the recipient’s financial eligibility and grant amount. +(A) If the recipient is determined to be financially ineligible based on the increase in income, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the income was received. +(B) If it is determined that the recipient’s grant amount should decrease based on the increase in income, the county shall reduce the recipient’s grant amount for the remainder of the semiannual reporting period with timely and adequate notice, effective the first of the month following the month in which the income was received. +(C) If a recipient has reported a change in income in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10 days’ notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred. +(2) If the recipient reports an increase in income for the sixth month of a current semiannual reporting period, the county shall not redetermine eligibility for the current semiannual reporting period, but shall consider this income in redetermining eligibility and the grant amount for the following semiannual reporting period, as provided in Sections 11265.1 and 11265.2. +(f) Counties shall act upon changes in income voluntarily reported during the semiannual reporting period that result in an increase in benefits, only after verification specified by the department is received. Reported changes in income that increase the grants shall be effective for the entire month in which the change is reported. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification. +(g) (1) When a decrease in gross monthly income is voluntarily reported and verified, the county shall recalculate the grant for the current month and any remaining months in the semiannual reporting period pursuant to Sections 11265.1 and 11265.2 based on the actual gross monthly income reported and verified from the voluntary report for the current month and the gross monthly income that is reasonably anticipated for any future months remaining in the semiannual reporting period. +(2) When the anticipated income is determined pursuant to paragraph (1), and a grant amount is calculated based upon the new income, if the grant amount is higher than the grant currently in effect, the county shall revise the grant for the current month and any remaining months in the semiannual reporting period to the higher amount and shall issue any increased benefit amount as provided in subdivision (f). +(h) During the semiannual reporting period, a recipient may report to the county, orally or in writing, any changes in income and household circumstances that may increase the recipient’s grant. Except as provided in subdivision (i), counties shall act only upon changes in household composition voluntarily reported by the recipients during the semiannual reporting period that result in an increase in benefits, after verification specified by the department is received. If the reported change in household composition is for the first through fifth month of the semiannual reporting period and results in an increase in benefits, the county shall recalculate the grant effective for the month following the month in which the change was reported. If the reported change in household composition is for the sixth month of a semiannual reporting period, the county shall not redetermine the grant for the current semiannual reporting period, but shall redetermine the grant for the following reporting period as provided in Sections 11265.1 and 11265.2. +(i) During the semiannual reporting period, a recipient may request that the county discontinue the recipient’s entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipient’s request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipient’s request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously issue a notice informing the recipient of the discontinuance. +(j) (1) This section shall become operative on April 1, 2013. A county shall implement the semiannual reporting requirements in accordance with the act that added this section no later than October 1, 2013. +(2) Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county. +(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section. +SEC. 2. +Section 11265.47 of the Welfare and Institutions Code is amended to read: +11265.47. +(a) The department shall establish an income reporting threshold for CalWORKs assistance units described in subdivision (a) of Section 11265.45. +(b) The income reporting threshold described in subdivision (a) shall be the lesser of the following: +(1) Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipient’s monthly benefits. +(2) The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits. +(3) The amount likely to render the recipient ineligible for CalWORKs benefits. +(c) A recipient described in subdivision (a) of Section 11265.45 shall report to the county, orally or in writing, within 10 days, when any of the following occurs: +(1) The monthly household income exceeds the threshold established pursuant to this section. +(2) Any change in household composition. +(3) The household address has changed. +(4) An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition or probation or parole, as specified in Section 11486.5. +(d) When a recipient described in subdivision (a) of Section 11265.45 reports income or a household composition change pursuant to subdivision (c), the county shall redetermine eligibility and grant amounts as follows: +(1) If the recipient reports an increase in income or household composition change for the first through 11th months of a year, the county shall verify the report and determine the recipient’s financial eligibility and grant amount. +(A) If the recipient is determined to be financially ineligible based on the increase in income or household composition change, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the change occurred. +(B) If it is determined that the recipient’s grant amount should decrease based on the increase in income, or increase or decrease based on a change in household composition, the county shall increase or reduce the recipient’s grant amount for the remainder of the year with timely and adequate notice, effective the first of the month following the month in which the change occurred. +(C) If a recipient has reported a change in income or household composition in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10 days’ notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred. +(2) If the recipient reports an increase in income for the 12th month of a grant year, the county shall verify this report and consider this income in redetermining eligibility and the grant amount for the following year. +(e) During the year, a recipient described in subdivision (a) of Section 11265.45 may report to the county, orally or in writing, any changes in income that may increase the recipient’s grant. Increases in the grant that result from reported changes in income shall be effective for the entire month in which the change is reported and any remaining months in the year. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification. +(f) During the year, a recipient described in subdivision (a) of Section 11265.45 may request that the county discontinue the recipient’s entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipient’s request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipient’s request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously shall issue a notice informing the recipient of the discontinuance. +(g) This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later. +SEC. 3. +(a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services shall implement this act through an all-county letter or similar instruction issued by the Director of Social Services no later than July 1, 2017. +(b) The department shall adopt regulations necessary to implement this act no later than July 1, 2018. +SEC. 4. +No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act. +SEC. 5. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using a combination of federal, state, and county funds. Existing law requires the State Department of Social Services to establish an income reporting threshold for CalWORKs recipients, including CalWORKs assistance units that do not include an eligible adult, and requires a recipient to notify the county, within 10 days, if the recipient’s household income exceeds the reporting threshold. Existing law requires a CalWORKs assistance unit that does not include an eligible adult to also notify the county, within 10 days, of any change in the recipient’s household composition. Under existing law, if the county determines that the recipient is ineligible for CalWORKs or the recipient’s grant amount should be reduced based on an increase in income or a change in household composition, the county is required to discontinue the recipient from CalWORKs or reduce the recipient’s grant, with timely and adequate notice, as specified. Existing law provides that current and future grants may be reduced because of prior overpayments. +This bill would prohibit the county from assessing an overpayment for the month following a change in income for a recipient of CalWORKs, or following a change in household composition for a CalWORKs assistance unit that does not include an eligible adult, if the recipient has reported the change and the county was unable, before the first of the month following the change in income or household composition, to provide 10 days’ notice of the termination or reduction in benefits. By increasing the administrative duties of counties, this bill would impose a state-mandated local program. The bill would require the State Department of Social Services to issue an all-county letter or similar instruction by July 1, 2017, and adopt regulations by July 1, 2018, as necessary to implement these provisions. +Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. +This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 11265.3 and 11265.47 of the Welfare and Institutions Code, relating to CalWORKs." +1007,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2263 of the Elections Code is amended to read: +2263. +(a) The Department of Motor Vehicles, in consultation with the Secretary of State, shall establish a schedule and method for the department to electronically provide to the Secretary of State the records specified in this section. +(b) (1) The department shall provide to the Secretary of State, in a manner and method to be determined by the department in consultation with the Secretary of State, the following information associated with each person who submits an application for a driver’s license or identification card pursuant to Section 12800, 12815, or 13000 of the Vehicle Code, or who notifies the department of a change of address pursuant to Section 14600 of the Vehicle Code, if the proof that the person is required to submit to prove that his or her presence in the United States is authorized under federal law also establishes that the person is a citizen of the United States: +(A) Name. +(B) Date of birth. +(C) Either or both of the following, as contained in the department’s records: +(i) Residence address. +(ii) Mailing address. +(D) Digitized signature, as described in Section 12950.5 of the Vehicle Code. +(E) Telephone number, if available. +(F) Email address, if available. +(G) Language preference. +(H) Political party preference. +(I) Whether the person chooses to become a permanent vote by mail voter. +(J) Whether the person affirmatively agreed to become registered to vote during a transaction with the department. +(K) A notation that the applicant has attested that he or she meets all voter eligibility requirements, including United States citizenship, specified in Section 2101. +(L) Other information specified in regulations implementing this chapter. +(2) (A) The department may provide the records described in paragraph (1) to the Secretary of State before the Secretary of State certifies that all of the conditions set forth in subdivision (e) of this section have been satisfied. Records provided pursuant to this paragraph shall only be used for the purposes of outreach and education to eligible voters conducted by the Secretary of State. +(B) The Secretary +of State +shall provide materials created for +purposes of +outreach and +education +educational purposes +as described in this paragraph in languages other than English, as required by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). +(c) The Secretary of State shall not sell, transfer, or allow any third party access to the information acquired from the Department of Motor Vehicles pursuant to this chapter without approval of the department, except as permitted by this chapter and Section 2194. +(d) The department shall not electronically provide records of a person who applies for or is issued a driver’s license pursuant to Section 12801.9 of the Vehicle Code because he or she is unable to submit satisfactory proof that his or her presence in the United States is authorized under federal law. +(e) The Department of Motor Vehicles shall commence implementation of this section no later than one year after the Secretary of State certifies all of the following: +(1) The +State +state +has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.). +(2) The Legislature has appropriated the funds necessary for the Secretary of State and the Department of Motor Vehicles to implement and maintain the California New Motor Voter Program. +(3) The regulations required by Section 2270 have been adopted. +(f) The Department of Motor Vehicles shall not electronically provide records pursuant to this section that contain a home address designated as confidential pursuant to Section 1808.2, 1808.4, or 1808.6 of the Vehicle Code. +SEC. 2. +Section 2265 of the Elections Code is amended to read: +2265. +(a) The records of a person designated in paragraph (1) of subdivision (b) of Section 2263 shall constitute a completed affidavit of registration and the Secretary of State shall register the person to vote if all of the following conditions are satisfied: +(1) The person’s records, as described in Section 2263, reflect that he or she affirmatively agreed to become registered to vote during a transaction with the Department of Motor Vehicles. +(2) The person’s records, as described in Section 2263, reflect that he or she has attested to meeting all voter eligibility requirements specified in Section 2101. +(3) The Secretary of State has not determined that the person is ineligible to vote. +(b) (1) If a person who is registered to vote pursuant to this chapter does not provide a party preference, his or her party preference shall be designated as “Unknown” and he or she shall be treated as a “No Party Preference” voter. +(2) A person whose party preference is designated as “Unknown” pursuant to this subdivision shall not be counted for purposes of determining the total number of voters registered on the specified day preceding an election, as required by subdivision (b) of Section 5100 and subdivision (c) of Section 5151.","Existing law requires the Department of Motor Vehicles to issue driver’s licenses and state identification cards to applicants who meet specified criteria and provide the department with the required information. Existing law generally requires an applicant for an original driver’s license or state identification card to submit satisfactory proof to the department that the applicant’s presence in the United States is authorized under federal law. +Existing law, the California New Motor Voter Program, requires the Department of Motor Vehicles to electronically provide to the Secretary of State the records of each person who is issued an original or renewal of a driver’s license or state identification card or who provides the department with a change of address, as specified. The person’s motor vehicle records will then constitute a completed affidavit of registration and the person will be registered to vote, unless the person affirmatively declines to become registered to vote during a transaction with the department, among other conditions. +This bill would require the Department of Motor Vehicles to electronically provide records of a person to the Secretary of State pursuant to this program only if the person has submitted proof that he or she is a citizen of the United States, as specified. This bill would also require that a person affirmatively agree to become registered to vote during a transaction with the department in order for his or her records to constitute a completed affidavit of registration and for the Secretary of State to register him or her to vote.","An act to amend Sections 2263 and 2265 of the Elections Code, relating to elections." +1008,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 13651 of the Business and Professions Code is amended to read: +13651. +(a) (1) Every service station in this state shall provide during operating hours, and make available at no cost to customers who purchase motor vehicle fuel, water, compressed air, and a gauge for measuring air pressure to the public for use in servicing any passenger vehicle, as defined in Section 465 of the Vehicle Code, or any commercial vehicle, as defined in Section 260 of the Vehicle Code, with an unladen weight of 6,000 pounds or less. +(2) Every service station in this state shall display, at a conspicuous place on, at, or near the dispensing apparatus at least one clearly visible sign that shall read as follows: “CALIFORNIA LAW REQUIRES THIS STATION TO PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE PURPOSES TO ITS CUSTOMERS WHO PURCHASE MOTOR VEHICLE FUEL. IF YOU HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL THIS TOLL-FREE TELEPHONE NUMBER: 1 (800) ___ ____.” This sign shall meet the requirements of Sections 13473 and 13474 with regard to letter size and contrast. As used in this paragraph, automotive purposes does not include the washing of vehicles. +(b) (1) Every service station in this state located within 660 feet of an accessible right-of-way of an interstate or primary highway, as defined in Sections 5215 and 5220, shall provide during business hours public restrooms for use by its customers. Service stations shall not charge customers separately for the use of restroom facilities. +(2) The public restroom shall not be temporary or portable but shall be permanent and shall include separate facilities for men and women, each with toilets and sinks suitable for use by disabled persons in accordance with Section 19955.5 of the Health and Safety Code and Title 24 of the California Code of Regulations. However, a service station not located along an interstate highway and in a rural area, as defined by Section 101 of Title 23 of the United States Code, and where the annualized average daily traffic count is 2,500 vehicles or less, is only required to provide a single restroom to be used by both men and women unless the local legislative body or, upon designation by the local legislative body, the local building official determines and finds, based upon traffic studies and local or seasonal tourist patterns, that a single restroom would be inadequate to serve the public. In that event, the single restroom exemption shall not apply. The single restroom shall contain a toilet, urinal, and sink suitable for use by disabled persons as required by the federal Americans With Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and Title 24 of the California Code of Regulations. The single restroom shall be equipped with a locking mechanism to be operated by the user of the restroom and the restroom shall be maintained in a clean and sanitary manner. +(3) This subdivision does not apply to service stations that are operational prior to January 1, 1990, and that would be obligated to construct permanent restroom facilities to comply with this subdivision. +(4) For purposes of this subdivision, “customer” means a person who purchases any product available for sale on the premises of the service station, including items not related to the repairing or servicing of a motor vehicle. +(c) (1) Every service station in this state shall display at a conspicuous place on, at, or near the dispensing apparatus, or at or near the point of sale, at least one clearly visible sign showing a list of applicable state and federal fuel taxes per gallon of motor vehicle fuel sold from the dispensing apparatus. The sign may display the federal excise tax rate as “up to $.184.” +(2) The sign described in paragraph (1) also shall display the average per-gallon cost of gasoline and diesel fuel, as annually calculated by the State Energy Resources Conservation and Development +Commission, +Commission in consultation with the Legislative Analyst’s Office, +across the industry of refiners producing transportation fuels as a result of their compliance with a market-based compliance mechanism adopted by the State Air Resources Board pursuant to Section 38570 of the Health and Safety Code. +(d) (1) The Division of Measurement Standards of the Department of Food and Agriculture shall, no later than January 1, 2001, establish a toll-free customer complaint telephone number. The toll-free telephone number thereby established shall be printed on the sign required pursuant to paragraph (2) of subdivision (a). +(2) Notwithstanding any other law, employees of the Division of Measurement Standards, upon inspection, or upon notice of a complaint forwarded pursuant to this section, are empowered to investigate a complaint against a service station for lack of free air and water and issue a citation to the station, and to collect a fine of two hundred fifty dollars ($250) per valid complaint, unless the citation is challenged in court. A citation shall not be issued if the air and water equipment is in good working order upon initial inspection, or if they are repaired to the satisfaction of the inspecting entity within 10 working days of the initial inspection. In addition, no citation based on nonfunctional air and water equipment shall be issued if the service station can establish that the equipment has been the target of repeated vandalism, substantiated by three or more police reports within six months detailing the vandalism. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires every service station in this state to display at a conspicuous place on, at, or near the dispensing apparatus, or at or near the point of sale, at least one clearly visible sign showing a list of applicable state and federal fuel taxes per gallon of motor vehicle fuel sold from the dispensing apparatus. A violation of this provision is an infraction. +Existing law establishes the State Energy Resources Conservation and Development Commission in the Natural Resources Agency, and specifies the powers and duties of the commission with respect to energy resources in the state. Under existing law, various provisions regulate petroleum supply and pricing. +The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. +This bill would require every service station to also display the average per-gallon cost of gasoline and diesel fuel, as annually calculated by the +commission, +commission in consultation with the Legislative Analyst’s Office, +across the industry of refiners producing transportation fuels as a result of their compliance with a market-based compliance mechanism. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 13651 of the Business and Professions Code, relating to service stations." +1009,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1703 of the Labor Code is amended to read: +1703. +(a) Every contract and agreement between an artist and a talent service shall be in writing, in at least 10-point type, and contain all of the following provisions: +(1) The name, address, telephone number, fax number (if any), email address (if any), and Internet Web site address (if any), of the talent service, the artist to whom services are to be provided, and the representative executing the contract on behalf of the talent service. +(2) A description of the services to be performed, a statement when those services are to be provided, and the duration of the contract. +(3) Evidence of compliance with applicable bonding requirements, including the name of the bonding company and the bond number, if any, and a statement that a bond in the amount of fifty thousand dollars ($50,000) must be posted with the Labor Commissioner. +(4) The amount of any fees to be charged to or collected from, or on behalf of, the artist receiving the services, and the date or dates when those fees are required to be paid. +(5) The following statements, in boldface type and in close proximity to the artist’s signature: +“(Name of talent service) IS A TALENT COUNSELING SERVICE, TALENT LISTING SERVICE, OR TALENT TRAINING SERVICE (whichever is applicable). THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. (Name of talent service) IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH TRAINING, COUNSELING, OR LISTING INFORMATION (whichever is applicable). FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE. +YOUR RIGHT TO CANCEL +(enter date of transaction) +You may cancel this contract and obtain a full refund, without any penalty or obligation, if notice of cancellation is given, in writing, within 10 business days from the above date or the date on which you commence utilizing the services under the contract, whichever is longer. For purposes of this section, business days are Monday through Friday. +To cancel this contract, mail or deliver or send by facsimile transmission a signed and dated copy of the following cancellation notice or any other written notice of cancellation to (name of talent service) at (address of its place of business), fax number (if any), email address (if any), and Internet Web site address (if any), NOT LATER THAN MIDNIGHT OF (date). If the contract was executed in part or in whole through the Internet, you may cancel the contract by sending the notification to: (email address). +CANCELLATION NOTICE +I hereby cancel this contract. +Dated: +Artist Signature. +If you cancel, all fees you have paid must be refunded to you within 10 business days after delivery of the cancellation notice to the talent service.” +(6) A statement conspicuously disclosing whether the artist may or may not obtain a refund after the 10-day cancellation period described in paragraph (5) has expired. +(b) Except for contracts executed over the Internet, a contract subject to this section shall be dated and signed by the artist and the representative executing the contract on behalf of the talent service. In the case of a contract executed over the Internet, the talent service shall give the artist clear and conspicuous notice of the contract terms and provide to the artist the ability to acknowledge receipt of the terms before acknowledging agreement thereto. In any dispute regarding compliance with this subdivision, the talent service shall have the burden of proving that the artist received the terms and acknowledged agreement thereto. +(c) If the talent service offers to list or display information about an artist, including a photograph, on the service’s Internet Web site, online service, online application, or mobile application or on a Web site, online service, online application, or mobile application that the talent service has authority to design or alter, the contract shall contain a notice that the talent service will remove the listing and content within 10 days of a request by the artist or, in the case of a minor, the artist’s parent or guardian. The contract shall include a valid telephone number, mailing address, and email address for the talent service to which a request for removal may be made. +(d) A contract between an artist and a talent service shall be contained in a single document that includes the elements set forth in this section. A contract subject to this section that does not comply with subdivisions (a) to (f), inclusive, is voidable at the election of the artist and may be canceled by the artist at any time without any penalty or obligation. +(e) (1) An artist may cancel a contract or within 10 business days from the date he or she commences utilizing the services under the contract. An artist shall notify the talent service of the cancellation for talent services within 10 business days of the date he or she executed the contract by mailing, delivering, or sending by facsimile transmission to the talent service, a signed and dated copy of the cancellation notice or any other written notice of cancellation, or by sending a notice of cancellation via the Internet if the contract was executed in part or in whole through the Internet. A talent service shall refund all fees paid by, or on behalf of, an artist within 10 business days after delivery of the cancellation notice. +(2) Unless a talent service conspicuously discloses in the contract that cancellation is prohibited after the 10-day cancellation period described in paragraph (1), an artist may cancel a contract for talent services at any time after the 10-day cancellation period by mailing, delivering, or sending by facsimile transmission to the talent service a signed and dated copy of the cancellation notice or any other written notice of cancellation, or by sending a notice of cancellation via the Internet if the contract was executed in part or in whole through the Internet. Within 10 business days after delivery of the cancellation notice, the talent service shall refund to the artist on a pro rata basis all fees paid by, or on behalf of, the artist. +(f) A contract between an artist and a talent service shall have a term of not more than one year and shall not be renewed automatically. +(g) The talent service shall maintain the address set forth in the contract for receipt of cancellation and for removal of an Internet Web site or other listing, unless it furnishes the artist with written notice of a change of address. Written notice of a change of address may be done by email if the artist designates an email address in the contract for purposes of receiving written notice. +(h) The talent service shall advise a person inquiring about canceling a contract to follow the written procedures for cancellation set forth in the contract. +(i) Before the artist signs a contract and before the artist or any person acting on his or her behalf becomes obligated to pay or pays any fee, the talent service shall provide a copy of the contract to the artist for the artist to keep. If the contract was executed through the Internet, the talent service may provide a copy of the contract to the artist by making it available to be downloaded and printed through the Internet. +(j) The talent service shall maintain the original executed contract on file at its place of business. +SEC. 2. +Section 1703.4 of the Labor Code is amended to read: +1703.4. +(a) A talent service, its owners, directors, officers, agents, and employees shall not do any of the following through any means of communication, including, but not limited to, in person, through the use of a telecommunication device, in print, on the Internet, or through the use of a mobile or online application or other electronic communication: +(1) Make or cause to be made any advertisement or representation expressly or impliedly offering the opportunity for an artist to meet with or audition before any producer, director, casting director, or any associate thereof, or any other person who makes, or is represented to make, decisions for the process of hiring artists for employment as an artist, or any talent agent or talent manager, or any associate, representative, or designee thereof, unless the talent service maintains for inspection and copying written evidence of the supporting facts, including the name, business address, and job title of all persons conducting the meeting or audition, and the title of the production and the name of the production company. +(2) Make or cause to be made any advertisement or representation that any artist, whether identified or not, has obtained an audition, employment opportunity, or employment as an artist in whole or in part by use of the talent service unless the talent service maintains for inspection written evidence of the supporting facts upon which the claim is based, including the name of the artist and the approximate dates the talent service was used by the artist. +(3) Charge or attempt to charge an artist for an audition or employment opportunity. +(4) Require an artist, as a condition for using the talent service or for obtaining an additional benefit or preferential treatment from the talent service, to pay a fee for creating or providing photographs, filmstrips, videotapes, audition tapes, demonstration reels, or other reproductions of the artist, Internet Web sites, casting or talent brochures, or other promotional materials for the artist. +(5) Charge or attempt to charge an artist any fee not disclosed pursuant to paragraph (4) of subdivision (a) of Section 1703. +(6) Refer an artist to a person who charges the artist a fee for any service or any product in which the talent service, its owners, directors, officers, agents, or employees have a direct or indirect financial interest, unless the fee and the financial interest are conspicuously disclosed in a separate writing provided to the artist to keep prior to his or her execution of the contract with the talent service. +(7) Require an artist, as a condition for using a talent service or for obtaining any additional benefit or preferential treatment from the talent service, to pay a fee to any other talent service in which the talent service, its owners, directors, officers, agents, or employees have a direct or indirect financial interest. +(8) Accept any compensation or other consideration for referring an artist to any person charging the artist a fee. +(9) Fail to remove information about, or photographs of, the artist displayed on the talent service’s Internet Web site, online service, online application, or mobile application or an Internet Web site, online service, online application, or mobile application that the service has the authority to design or alter within 10 days of delivery of a request made by telephone, text message, mail, facsimile transmission, email, or other electronic communication from the artist or from a parent or guardian of the artist if the artist is a minor. +(b) A talent training service and talent counseling service and the owners, officers, directors, agents, and employees of the talent training service or talent counseling service shall not own, operate, or have a direct or indirect financial interest in a talent listing service. +(c) A talent listing service and its owners, officers, directors, agents, and employees shall not do any of the following: +(1) Own, operate, or have a direct or indirect financial interest in a talent training service or a talent counseling service. +(2) Provide a listing of an audition, job, or employment opportunity without written permission for the listing. A talent listing service shall keep and maintain a copy of all original listings; the name, business address, and business telephone number of the person granting permission to the talent listing service to use the listing; and the date the permission was granted. +(3) Make or cause to be made an advertisement or representation that includes the trademark, logo, name, word, or phrase of a company or organization, including a studio, production company, network, broadcaster, talent agency licensed pursuant to Section 1700.5, labor union, or labor organization as defined in Section 1117, in any manner that falsely or misleadingly suggests the endorsement, sponsorship, approval, or affiliation of a talent service. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law regulates the licensing and operation of talent services within the entertainment industry. Existing law prohibits specific activities or omissions by a talent service or its owners, directors, officers, agents, and employees, including the failure to remove information about, or photographs of, an artist displayed on the talent service’s Internet Web site or an Internet Web site that the service has the authority to design or alter, within 10 days of delivery of a request made by telephone, mail, facsimile transmission, or email from the artist or from a parent or guardian of the artist if the artist is a minor. If the talent service offers to display information about, or a photograph of, an artist on the service’s Internet Web site, existing law requires a contract between an artist and a talent service to contain a notice that the talent service will remove the content within 10 days of a request by the artist or the artist’s parent or guardian, if a minor. A willful violation of those prohibitions is a crime. +This bill would prohibit these specific activities or omissions of a talent service, its owners, directors, officers, agents, and employees through any means of communication. The bill would extend the prohibition of the failure to remove an artist’s information or photographs to those displayed on an online service, online application, or mobile application of the talent service or one that the talent service has the authority to design or alter and would require the talent service to also act on requests to remove information or photographs made by text message or other electronic communication. The bill would expand the above-described notice requirement to contracts in which the talent service offers to display information about, or a photograph of, an artist on the service’s online service, online application, or mobile application. Because a violation of these provisions would be a crime under certain circumstances, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 1703 and 1703.4 of the Labor Code, relating to employment." +1010,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature, with the enactment of this act, to establish procedures to ensure that individuals move between Medi-Cal and the California Health Benefit Exchange without any breaks in coverage as required under subdivision (h) of Section 15926 of the Welfare and Institutions Code. +SEC. 2. +Section 14005.37 of the Welfare and Institutions Code is amended to read: +14005.37. +(a) Except as provided in Section 14005.39, a county shall perform redeterminations of eligibility for Medi-Cal beneficiaries every 12 months and shall promptly redetermine eligibility whenever the county receives information about changes in a beneficiary’s circumstances that may affect eligibility for Medi-Cal benefits. The procedures for redetermining Medi-Cal eligibility described in this section shall apply to all Medi-Cal beneficiaries. +(b) Loss of eligibility for cash aid under that program shall not result in a redetermination under this section unless the reason for the loss of eligibility is one that would result in the need for a redetermination for a person whose eligibility for Medi-Cal under Section 14005.30 was determined without a concurrent determination of eligibility for cash aid under the CalWORKs program. +(c) A loss of contact, as evidenced by the return of mail marked in such a way as to indicate that it could not be delivered to the intended recipient or that there was no forwarding address, shall require a prompt redetermination according to the procedures set forth in this section. +(d) Except as otherwise provided in this section, Medi-Cal eligibility shall continue during the redetermination process described in this section and a beneficiary’s Medi-Cal eligibility shall not be terminated under this section until the county makes a specific determination based on facts clearly demonstrating that the beneficiary is no longer eligible for Medi-Cal benefits under any basis and due process rights guaranteed under this division have been met. For the purposes of this subdivision, for a beneficiary who is subject to the use of MAGI-based financial methods, the determination of whether the beneficiary is eligible for Medi-Cal benefits under any basis shall include, but is not limited to, a determination of eligibility for Medi-Cal benefits on a basis that is exempt from the use of MAGI-based financial methods only if either of the following occurs: +(1) The county assesses the beneficiary as being potentially eligible under a program that is exempt from the use of MAGI-based financial methods, including, but not limited to, on the basis of age, blindness, disability, or the need for long-term care services and supports. +(2) The beneficiary requests that the county determine whether he or she is eligible for Medi-Cal benefits on a basis that is exempt from the use of MAGI-based financial methods. +(e) (1) For purposes of acquiring information necessary to conduct the eligibility redeterminations described in this section, a county shall gather information available to the county that is relevant to the beneficiary’s Medi-Cal eligibility prior to contacting the beneficiary. Sources for these efforts shall include information contained in the beneficiary’s file or other information, including more recent information available to the county, including, but not limited to, Medi-Cal, CalWORKs, and CalFresh case files of the beneficiary or of any of his or her immediate family members, which are open, or were closed within the last 90 days, information accessed through any databases accessed under Sections 435.948, 435.949, and 435.956 of Title 42 of the Code of Federal Regulations, and wherever feasible, other sources of relevant information reasonably available to the county or to the county via the department. +(2) In the case of an annual redetermination, if, based upon information obtained pursuant to paragraph (1), the county is able to make a determination of continued eligibility, the county shall notify the beneficiary of both of the following: +(A) The eligibility determination and the information it is based on. +(B) That the beneficiary is required to inform the county via the Internet, by telephone, by mail, in person, or through other commonly available electronic means, in counties where such electronic communication is available, if any information contained in the notice is inaccurate but that the beneficiary is not required to sign and return the notice if all information provided on the notice is accurate. +(3) The county shall make all reasonable efforts not to send multiple notices during the same time period about eligibility. The notice of eligibility renewal shall contain other related information such as if the beneficiary is in a new Medi-Cal program. +(4) In the case of a redetermination due to a change in circumstances, if a county determines that the change in circumstances does not affect the beneficiary’s eligibility status, the county shall not send the beneficiary a notice unless required to do so by federal law. +(f) (1) In the case of an annual eligibility redetermination, if the county is unable to determine continued eligibility based on the information obtained pursuant to paragraph (1) of subdivision (e), the beneficiary shall be so informed and shall be provided with an annual renewal form, at least 60 days before the beneficiary’s annual redetermination date, that is prepopulated with information that the county has obtained and that identifies any additional information needed by the county to determine eligibility. The form shall include all of the following: +(A) The requirement that he or she provide any necessary information to the county within 60 days of the date that the form is sent to the beneficiary. +(B) That the beneficiary may respond to the county via the Internet, by mail, by telephone, in person, or through other commonly available electronic means if those means are available in that county. +(C) That if the beneficiary chooses to return the form to the county in person or via mail, the beneficiary shall sign the form in order for it to be considered complete. +(D) The telephone number to call in order to obtain more information. +(2) The county shall attempt to contact the beneficiary via the Internet, by telephone, or through other commonly available electronic means, if those means are available in that county, during the 60-day period after the prepopulated form is mailed to the beneficiary to collect the necessary information if the beneficiary has not responded to the request for additional information or has provided an incomplete response. +(3) If the beneficiary has not provided any response to the written request for information sent pursuant to paragraph (1) within 60 days from the date the form is sent, the county shall terminate his or her eligibility for Medi-Cal benefits following the provision of timely notice. +(4) If the beneficiary responds to the written request for information during the 60-day period pursuant to paragraph (1) but the information provided is not complete, the county shall follow the procedures set forth in paragraph (3) of subdivision (g) to work with the beneficiary to complete the information. +(5) (A) The form required by this subdivision shall be developed by the department in consultation with the counties and representatives of eligibility workers and consumers. +(B) For beneficiaries whose eligibility is not determined using MAGI-based financial methods, the county may use existing renewal forms until the state develops prepopulated renewal forms to provide to beneficiaries. The department shall develop prepopulated renewal forms for use with beneficiaries whose eligibility is not determined using MAGI-based financial methods by January 1, 2015. +(g) (1) In the case of a redetermination due to change in circumstances, if a county cannot obtain sufficient information to redetermine eligibility pursuant to subdivision (e), the county shall send to the beneficiary a form that is prepopulated with the information that the county has obtained and that states the information needed to renew eligibility. The county shall only request information related to the change in circumstances. The county shall not request information or documentation that has been previously provided by the beneficiary, that is not absolutely necessary to complete the eligibility determination, or that is not subject to change. The county shall only request information for nonapplicants necessary to make an eligibility determination or for a purpose directly related to the administration of the state Medicaid plan. The form shall advise the individual to provide any necessary information to the county via the Internet, by telephone, by mail, in person, or through other commonly available electronic means and, if the individual will provide the form by mail or in person, to sign the form. The form shall include a telephone number to call in order to obtain more information. The form shall be developed by the department in consultation with the counties, representatives of consumers, and eligibility workers. A Medi-Cal beneficiary shall have 30 days from the date the form is mailed pursuant to this subdivision to respond. Except as provided in paragraph (2), failure to respond prior to the end of this 30-day period shall not impact his or her Medi-Cal eligibility. +(2) If the purpose for a redetermination under this section is a loss of contact with the Medi-Cal beneficiary, as evidenced by the return of mail marked in such a way as to indicate that it could not be delivered to the intended recipient or that there was no forwarding address, a return of the form described in this subdivision marked as undeliverable shall result in an immediate notice of action terminating Medi-Cal eligibility. +(3) During the 30-day period after the date of mailing of a form to the Medi-Cal beneficiary pursuant to this subdivision, the county shall attempt to contact the beneficiary by telephone, in writing, or other commonly available electronic means, in counties where such electronic communication is available, to request the necessary information if the beneficiary has not responded to the request for additional information or has provided an incomplete response. If the beneficiary does not supply the necessary information to the county within the 30-day limit, a 10-day notice of termination of Medi-Cal eligibility shall be sent. +(h) Beneficiaries shall be required to report any change in circumstances that may affect their eligibility within 10 calendar days following the date the change occurred. +(i) If within 90 days of termination of a Medi-Cal beneficiary’s eligibility or a change in eligibility status pursuant to this section, the beneficiary submits to the county a signed and completed form or otherwise provides the needed information to the county, eligibility shall be redetermined by the county and if the beneficiary is found eligible, or the beneficiary’s eligibility status has not changed, whichever applies, the termination shall be rescinded as though the form were submitted in a timely manner. +(j) If the information available to the county pursuant to the redetermination procedures of this section does not indicate a basis of eligibility, Medi-Cal benefits may be terminated so long as due process requirements have otherwise been met. +(k) The department shall, with the counties and representatives of consumers, including those with disabilities, and Medi-Cal eligibility workers, develop a timeframe for redetermination of Medi-Cal eligibility based upon disability, including ex parte review, the redetermination forms described in subdivisions (f) and (g), timeframes for responding to county or state requests for additional information, and the forms and procedures to be used. The forms and procedures shall be as consumer-friendly as possible for people with disabilities. The timeframe shall provide a reasonable and adequate opportunity for the Medi-Cal beneficiary to obtain and submit medical records and other information needed to establish eligibility for Medi-Cal based upon disability. +(l) The county shall consider blindness as continuing until the reviewing physician determines that a beneficiary’s vision has improved beyond the applicable definition of blindness contained in the plan. +(m) The county shall consider disability as continuing until the review team determines that a beneficiary’s disability no longer meets the applicable definition of disability contained in the plan. +(n) In the case of a redetermination due to a change in circumstances, if a county determines that the beneficiary remains eligible for Medi-Cal benefits, the county shall begin a new 12-month eligibility period. +(o) (1) For individuals determined ineligible for Medi-Cal by a county following the redetermination procedures set forth in this section, the county shall determine eligibility for other insurance affordability programs and if the individual is found to be eligible, the county shall, as appropriate, transfer the individual’s electronic account to other insurance affordability programs via a secure electronic interface. +(2) If the individual is eligible to enroll in a qualified health plan through the California Health Benefit Exchange established pursuant to Title 22 (commencing with Section 100500) of the Government Code, Medi-Cal benefits shall not be terminated until at least 20 days after the county sends the notice of action terminating Medi-Cal eligibility. The notice of action shall inform the individual of the date by which he or she must select and enroll in a qualified health plan through the Exchange to avoid being uninsured. This paragraph shall only be implemented to the extent that federal financial participation is available. +(p) Any renewal form or notice shall be accessible to persons who are limited-English proficient and persons with disabilities consistent with all federal and state requirements. +(q) The requirements to provide information in subdivisions (e) and (g), and to report changes in circumstances in subdivision (h), may be provided through any of the modes of submission allowed in Section 435.907(a) of Title 42 of the Code of Federal Regulations, including an Internet Web site identified by the department, telephone, mail, in person, and other commonly available electronic means as authorized by the department. +(r) Forms required to be signed by a beneficiary pursuant to this section shall be signed under penalty of perjury. Electronic signatures, telephonic signatures, and handwritten signatures transmitted by electronic transmission shall be accepted. +(s) For purposes of this section, “MAGI-based financial methods” means income calculated using the financial methodologies described in Section 1396a(e)(14) of Title 42 of the United States Code, and as added by the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any subsequent amendments. +(t) When contacting a beneficiary under paragraphs (2) and (4) of subdivision (f), and paragraph (3) of subdivision (g), a county shall first attempt to use the method of contact identified by the beneficiary as the preferred method of contact, if a method has been identified. +(u) The department shall seek federal approval to extend the annual redetermination date under this section for a three-month period for those Medi-Cal beneficiaries whose annual redeterminations are scheduled to occur between January 1, 2014, and March 31, 2014. +(v) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted. The department shall adopt regulations by July 1, 2017, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Beginning six months after the effective date of this section, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted. +(w) This section shall be implemented only if and to the extent that federal financial participation is available and any necessary federal approvals have been obtained. +SEC. 3. +Section 15927 is added to the Welfare and Institutions Code, immediately following Section 15926, to read: +15927. +(a) If an individual who has been enrolled in a qualified health plan through the Exchange is determined newly eligible for Medi-Cal through the California Healthcare Eligibility, Enrollment and Retention System (CalHEERS) developed under Section 15926, the individual’s case information and eligibility determination shall be referred to his or her county of residence within three business days. +(b) (1) If the referral indicates that an individual is eligible or conditionally eligible for MAGI Medi-Cal, the county shall prioritize the referral for processing to ensure the individual’s Medi-Cal eligibility is effective according to either of the following timelines, as applicable: +(A) If the referral is received with at least five business days remaining in the month, the county shall prioritize the referral for processing to ensure the individual’s Medi-Cal eligibility is effective on the first day of the following month. +(B) If the referral is received with less than five business days remaining in the month, the county shall prioritize the referral for processing to ensure the individual’s Medi-Cal eligibility is effective no later than the first day of the second month following receipt of the referral. +(2) If the referral requires follow-up to establish Medi-Cal eligibility, the county shall prioritize the referral for processing to ensure the individual’s Medi-Cal eligibility is effective no later than the first day of the second month following receipt of the referral. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes various programs to provide health care coverage to persons with limited financial resources, including the Medi-Cal program and the state’s children’s health insurance program (CHIP). Existing law establishes the California Health Benefit Exchange (Exchange), pursuant to the federal Patient Protection and Affordable Care Act, and specifies the duties and powers of the board governing the Exchange relative to determining eligibility for enrollment in the Exchange and arranging for coverage under qualified health plans through the Exchange. +Existing law, the Health Care Reform Eligibility, Enrollment, and Retention Planning Act, requires an individual to have the option to apply for insurance affordability programs in person, by mail, online, by telephone, or by other commonly available electronic means. Existing law defines “insurance affordability programs” to include the Medi-Cal program, CHIP, and a program that makes available to qualified individuals coverage in a qualified health benefit plan through the Exchange with advance payment of the premium tax credit established under a specified provision of the Internal Revenue Code and a cost-sharing reduction under a specified provision of federal law. During the processing of an application, renewal, or a transition due to a change in circumstances, existing law requires an entity making eligibility determinations for an insurance affordability program to ensure that an eligible applicant and recipient of those programs that meets all program eligibility requirements and complies with all necessary requirements for information moves between programs without any breaks in coverage and without being required to provide any forms, documents, or other information or undergo verification that is duplicative or otherwise unnecessary. +This bill would establish procedures to ensure that eligible recipients of insurance affordability programs move between the Medi-Cal program and other insurance affordability programs without any breaks in coverage as required under the provision described above. The bill would require an individual’s case information and eligibility determination to be referred to his or her county of residence within 3 business days if the individual who has been enrolled in a qualified health plan through the Exchange is determined newly eligible for Medi-Cal through the California Healthcare Eligibility, Enrollment and Retention System (CalHEERS). The bill would require those referrals to be processed by the county, as specified, to ensure the individual’s Medi-Cal eligibility is effective pursuant to specified timelines. +The bill would generally prohibit, if an individual is eligible to enroll in a qualified health plan through the Exchange, Medi-Cal benefits from being terminated until at least 20 days after the county sends the notice of action terminating Medi-Cal eligibility, and would require the notice of action to inform the individual of the date by which he or she must select and enroll in a qualified health benefit plan through the Exchange, as specified. The bill would provide that this provision shall only be implemented to the extent that federal financial participation is available. +By modifying the enrollment process under the Medi-Cal program, thereby increasing the responsibilities of counties in the administration of the Medi-Cal program, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 14005.37 of, and to add Section 15927 to, the Welfare and Institutions Code, relating to public health." +1011,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 166 of the Penal Code is amended to read: +166. +(a) Except as provided in subdivisions (b), (c), and (d), a person guilty of any of the following contempts of court is guilty of a misdemeanor: +(1) Disorderly, contemptuous, or insolent behavior committed during the sitting of a court of justice, in the immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority. +(2) Behavior specified in paragraph (1) that is committed in the presence of a referee, while actually engaged in a trial or hearing, pursuant to the order of a court, or in the presence of any jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law. +(3) A breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court. +(4) Willful disobedience of the terms as written of any process or court order or out-of-state court order, lawfully issued by a court, including orders pending trial. +(5) Resistance willfully offered by any person to the lawful order or process of a court. +(6) The contumacious and unlawful refusal of a person to be sworn as a witness or, when so sworn, the like refusal to answer a material question. +(7) The publication of a false or grossly inaccurate report of the proceedings of a court. +(8) Presenting to a court having power to pass sentence upon a prisoner under conviction, or to a member of the court, an affidavit, testimony, or representation of any kind, verbal or written, in aggravation or mitigation of the punishment to be imposed upon the prisoner, except as provided in this code. +(9) Willful disobedience of the terms of an injunction that restrains the activities of a criminal street gang or any of its members, lawfully issued by a court, including an order pending trial. +(b) (1) A person who is guilty of contempt of court under paragraph (4) of subdivision (a) by willfully contacting a victim by telephone or mail, or directly, and who has been previously convicted of a violation of Section 646.9 shall be punished by imprisonment in a county jail for not more than one year, by a fine of five thousand dollars ($5,000), or by both that fine and imprisonment. +(2) For the purposes of sentencing under this subdivision, each contact shall constitute a separate violation of this subdivision. +(3) The present incarceration of a person who makes contact with a victim in violation of paragraph (1) is not a defense to a violation of this subdivision. +(c) (1) Notwithstanding paragraph (4) of subdivision (a), a willful and knowing violation of a protective order or stay-away court order described as follows shall constitute contempt of court, a misdemeanor, punishable by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine: +(A) An order issued pursuant to Section 136.2. +(B) An order issued pursuant to paragraph (2) of subdivision (a) of Section 1203.097. +(C) An order issued after a conviction in a criminal proceeding involving elder or dependent adult abuse, as defined in Section 368. +(D) An order issued pursuant to Section 1201.3. +(E) An order described in paragraph (3). +(F) An order issued pursuant to subdivision (j) of Section 273.5. +(2) If a violation of paragraph (1) results in a physical injury, the person shall be imprisoned in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence is suspended. +(3) Paragraphs (1) and (2) apply to the following court orders: +(A) An order issued pursuant to Section 6320 or 6389 of the Family Code. +(B) An order excluding one party from the family dwelling or from the dwelling of the other. +(C) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the orders described in paragraph (1). +(4) A second or subsequent conviction for a violation of an order described in paragraph (1) occurring within seven years of a prior conviction for a violation of any of those orders and involving an act of violence or “a credible threat” of violence, as provided in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or in the state prison for 16 months or two or three years. +(5) The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1). +(d) (1) A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure, shall be punished under Section 29825. +(2) A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (h) of Section 6389 of the Family Code. +(e) (1) If probation is granted upon conviction of a violation of subdivision (c), the court shall impose probation consistent with Section 1203.097. +(2) If probation is granted upon conviction of a violation of subdivision (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements: +(A) That the defendant make payments to a battered women’s shelter, up to a maximum of one thousand dollars ($1,000). +(B) That the defendant provide restitution to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. +(3) For an order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision or subdivision (c), the court shall make a determination of the defendant’s ability to pay. In no event shall an order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. +(4) If the injury to a married person is caused in whole, or in part, by the criminal acts of his or her spouse in violation of subdivision (c), the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents required by this subdivision, until all separate property of the offending spouse is exhausted. +(5) A person violating an order described in subdivision (c) may be punished for any substantive offenses described under Section 136.1 or 646.9. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1 or 646.9. However, a person held in contempt for a violation of subdivision (c) shall be entitled to credit for any punishment imposed as a result of that violation against any sentence imposed upon conviction of an offense described in Section 136.1 or 646.9. A conviction or acquittal for a substantive offense under Section 136.1 or 646.9 shall be a bar to a subsequent punishment for contempt arising out of the same act. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally punishes the willful disobedience of the terms of a court order as contempt of court by imprisonment in a county jail not exceeding 6 months, a fine not exceeding $1,000, or both that imprisonment and fine. Existing law makes the willful and knowing violation of specified protective orders or stay-away court orders punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than $1,000, or by both that imprisonment and fine for a first offense, and makes a 2nd or subsequent conviction for a violation of these specified protective orders or stay-away court orders occurring within 7 years of a prior conviction and involving an act of violence or credible threat of violence punishable as either a misdemeanor or a felony. If probation is granted upon conviction of a willful and knowing violation of these specified protective orders or stay-away court orders, existing law requires the court to impose a minimum period of probation of 36 months, a criminal protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, a minimum fine of $500, successful completion of a batterer’s program, and a specified amount of appropriate community service, among other requirements. +Under existing law, any person who willfully inflicts corporal injury resulting in a traumatic condition upon a spouse or former spouse, cohabitant or former cohabitant, fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, or the mother or father of the offender’s child, is guilty of a felony or a misdemeanor. Upon a conviction, existing law allows the sentencing court to issue an order restraining the defendant from any contact with the victim for up to 10 years. +This bill would make a violation of the above protective order issued for the conviction of inflicting a corporal injury resulting in a traumatic condition punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $1,000, or by both that imprisonment and fine. The bill would make a 2nd or subsequent violation occurring within 7 years involving an act of violence or a credible threat of violence punishable as a felony or a misdemeanor. If probation is granted for a violation of these protective orders, this bill would require the court to impose a minimum period of probation of 36 months, a criminal protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, a minimum fine of $500, successful completion of a batterer’s program, and a specified amount of appropriate community service, among other requirements. By increasing the punishment for a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 166 of the Penal Code, relating to crimes." +1012,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1367.255 is added to the Health and Safety Code, immediately following Section 1367.25, to read: +1367.255. +(a) Notwithstanding any other law, a health care service plan is not required to include abortion as a covered benefit. The director shall not deny, suspend, or revoke the license of, or otherwise sanction or discriminate against, a licensee on the basis that the licensee excludes coverage for abortions pursuant to this section. +(b) This section does not require a health care service plan to exclude or restrict coverage for abortions. +SECTION 1. +Section 1367 of the +Health and Safety Code +is amended to read: +1367. +A health care service plan and, if applicable, a specialized health care service plan shall meet the following requirements: +(a)Facilities located in this state, including, but not limited to, clinics, hospitals, and skilled nursing facilities to be utilized by the plan shall be licensed by the State Department of Public Health, where licensure is required by law. Facilities not located in this state shall conform to all licensing and other requirements of the jurisdiction in which they are located. +(b)Personnel employed by, or under contract with, the plan shall be licensed or certified by their respective board or agency, where licensure or certification is required by law. +(c)Equipment required to be licensed or registered by law shall be so licensed or registered, and the operating personnel for that equipment shall be licensed or certified as required by law. +(d)The plan shall furnish services in a manner providing continuity of care and ready referral of patients to other providers at times as may be appropriate consistent with good professional practice. +(e)(1)All services shall be readily available at reasonable times to each enrollee consistent with good professional practice. To the extent feasible, the plan shall make all services readily accessible to all enrollees consistent with Section 1367.03. +(2)To the extent that telehealth services are appropriately provided through telehealth, as defined in subdivision (a) of Section 2290.5 of the Business and Professions Code, these services shall be considered in determining compliance with Section 1300.67.2 of Title 28 of the California Code of Regulations. +(3)The plan shall make all services accessible and appropriate consistent with Section 1367.04. +(f)The plan shall employ and utilize allied health manpower for the furnishing of services to the extent permitted by law and consistent with good medical practice. +(g)The plan shall have the organizational and administrative capacity to provide services to subscribers and enrollees. The plan shall be able to demonstrate to the department that medical decisions are rendered by qualified medical providers, unhindered by fiscal and administrative management. +(h)(1)Contracts with subscribers and enrollees, including group contracts, and contracts with providers, and other persons furnishing services, equipment, or facilities to, or in connection with, the plan, shall be fair, reasonable, and consistent with the objectives of this chapter. All contracts with providers shall contain provisions requiring a fast, fair, and cost-effective dispute resolution mechanism under which providers may submit disputes to the plan, and requiring the plan to inform its providers upon contracting with the plan or upon change to these provisions, of the procedures for processing and resolving disputes, including the location and telephone number where information regarding disputes may be submitted. +(2)A health care service plan shall ensure that a dispute resolution mechanism is accessible to noncontracting providers for the purpose of resolving billing and claims disputes. +(3)A health care service plan shall annually submit a report to the department regarding its dispute resolution mechanism. The report shall include information on the number of providers who utilized the dispute resolution mechanism and a summary of the disposition of those disputes. +(i)A health care service plan contract shall provide to subscribers and enrollees all of the basic health care services included in subdivision (b) of Section 1345, except that the director may, for good cause, by rule or order exempt a plan contract or any class of plan contracts from that requirement. The director shall by rule define the scope of each basic health care service that health care service plans are required to provide as a minimum for licensure under this chapter. Nothing in this chapter shall prohibit a health care service plan from charging subscribers or enrollees a copayment or a deductible for a basic health care service consistent with Section 1367.006 or 1367.007, provided that the copayments, deductibles, or other cost sharing are reported to the director and set forth to the subscriber or enrollee pursuant to the disclosure provisions of Section 1363. Nothing in this chapter shall prohibit a health care service plan from setting forth, by contract, limitations on maximum coverage of basic health care services, provided that the limitations are reported to, and held unobjectionable by, the director and set forth to the subscriber or enrollee pursuant to the disclosure provisions of Section 1363. +(j)(1)A health care service plan shall not require registration under the federal Controlled Substances Act (21 U.S.C. Sec. 801 et seq.) as a condition for participation by an optometrist certified to use therapeutic pharmaceutical agents pursuant to Section 3041.3 of the Business and Professions Code. +(2)This section shall not be construed to permit the director to establish the rates charged subscribers and enrollees for contractual health care services. +(3)The director’s enforcement of Article 3.1 (commencing with Section 1357) shall not be deemed to establish the rates charged subscribers and enrollees for contractual health care services. +(4)The obligation of the plan to comply with this chapter shall not be waived when the plan delegates services that it is required to perform to its medical groups, independent practice associations, or other contracting entities.","Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the regulation of health care service plans by the Department of Managed Health Care. Under existing law, the Director of Managed Health Care may, after appropriate notice and opportunity for a hearing, by order suspend or revoke a license issued under the act or assess administrative penalties if the director determines that the licensee has committed an act or omission constituting grounds for disciplinary action. +This bill would provide that a health care service plan is not required to include abortion as a covered benefit. The bill would prohibit the director from denying a license, or disciplining a licensee, on the basis that the plan excludes coverage for abortions. +Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law requires health care service plans and, if applicable, specialized health care service plans, to meet specified criteria, including requiring the appropriate licensure of facilities and personnel. Willful violation of that act a crime. +This bill would make technical, nonsubstantive changes to these provisions.","An act to +amend Section 1367 of +add Section 1367.255 to +the Health and Safety Code, relating to health +care. +care coverage." +1013,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11174.32 of the Penal Code is amended to read: +11174.32. +(a) Each county may establish an interagency child death review team to assist local agencies in identifying and reviewing suspicious child deaths and facilitating communication among persons who perform autopsies and the various persons and agencies involved in child abuse or neglect cases. Interagency child death review teams have been used successfully to ensure that incidents of child abuse or neglect are recognized and other siblings and nonoffending family members receive the appropriate services in cases where a child has expired. +(b) Each county may develop a protocol that may be used as a guideline by persons performing autopsies on children to assist coroners and other persons who perform autopsies in the identification of child abuse or neglect, in the determination of whether child abuse or neglect contributed to death or whether child abuse or neglect had occurred prior to but was not the actual cause of death, and in the proper written reporting procedures for child abuse or neglect, including the designation of the cause and mode of death. +(c) In developing an interagency child death review team and an autopsy protocol, each county, working in consultation with local members of the California State Coroner’s Association and county child abuse prevention coordinating councils, may solicit suggestions and final comments from persons, including, but not limited to, the following: +(1) Experts in the field of forensic pathology. +(2) Pediatricians with expertise in child abuse. +(3) Coroners and medical examiners. +(4) Criminologists. +(5) District attorneys. +(6) Child protective services staff. +(7) Law enforcement personnel. +(8) Representatives of local agencies which are involved with child abuse or neglect reporting. +(9) County health department staff who deals with children’s health issues. +(10) Local professional associations of persons described in paragraphs (1) to (9), inclusive. +(d) Records exempt from disclosure to third parties pursuant to state or federal law shall remain exempt from disclosure when they are in the possession of a child death review team. +(e) Written and oral information pertaining to the child's death as requested by a child death review team may be disclosed to a child death review team established pursuant to this section. The team may make a request, in writing, for the information sought and any person with information of the kind described in paragraph (2) may rely on the request in determining whether information may be disclosed to the team. +(1) An individual or agency that has information governed by this subdivision shall not be required to disclose information. The intent of this subdivision is to allow the voluntary disclosure of information by the individual or agency that has the information. +(2) The following information may be disclosed pursuant to this subdivision: +(A) Notwithstanding Section 56.10 of the Civil Code, medical information, unless disclosure is prohibited by federal law. +(B) Notwithstanding Section 5328 of the Welfare and Institutions Code, mental health information. +(C) Notwithstanding Section 11167.5, information from child abuse reports and investigations, except the identity of the person making the report, which shall not be disclosed. +(D) State summary criminal history information, criminal offender record information, and local summary criminal history information, as defined in Sections 11105, 11075, and 13300, respectively. +(E) Notwithstanding Section 11163.2, information pertaining to reports by health practitioners of persons suffering from physical injuries inflicted by means of a firearm or of persons suffering physical injury where the injury is a result of assaultive or abusive conduct. +(F) Notwithstanding Section 10850 of the Welfare and Institutions Code, records of in-home supportive services, unless disclosure is prohibited by federal law. +(3) Written or oral information disclosed to a child death review team pursuant to this subdivision shall remain confidential, and shall not be subject to disclosure or discovery by a third party unless otherwise required by law. +(f) (1) No less than once each year, each child death review team shall make available to the public findings, conclusions and recommendations of the team, including aggregate statistical data on the incidences and causes of child deaths. +(2) In its report, the child death review team shall withhold the last name of the child that is subject to a review or the name of the deceased child’s siblings unless the name has been publicly disclosed or is required to be disclosed by state law, federal law, or court order. +SEC. 2. +The Legislature finds and declares that Section 1 of this act, which amends Section 11174.32 of the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +In order to facilitate the voluntary disclosure of confidential information to child death review teams and to retain the confidentiality of that information, the limitations on the public’s right of access imposed by Section 1 of this act are necessary.","Existing law authorizes a county to establish an interagency child death review team to assist local agencies in identifying and reviewing suspicious child deaths and facilitating communication among persons who perform autopsies and the various persons and agencies involved in child abuse or neglect cases. Existing law requires records that are exempt from disclosure to 3rd parties pursuant to state or federal law to remain exempt from disclosure when they are in the possession of a child death review team. +This bill would authorize the voluntary disclosure of specified information, including mental health records, criminal history information, and child abuse reports, by an individual or agency to an interagency child death review team. The bill would provide that written or oral information disclosed to a child death review team pursuant to these provisions would remain confidential, and would not be subject to disclosure or discovery by a 3rd party unless otherwise required by law. +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to amend Section 11174.32 of the Penal Code, relating to crime." +1014,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 75230 of the Public Resources Code is amended to read: +75230. +(a) The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. +(b) Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund, established pursuant to Section 16428.8 of the Government Code. +(c) Funding shall be allocated by the Controller consistent with the requirements of this part and with Section 39719 of the Health and Safety Code, upon a determination by the Department of Transportation that the expenditures proposed by a transit agency meet the requirements of this part and guidelines developed pursuant to subdivision (f), and that the amount of funding requested is currently available. +(d) (1) Moneys for the program shall be expended to provide transit operating or capital assistance that meets all of the following criteria: +(A) Expenditures supporting new or expanded bus or rail services, new or expanded water-borne transit, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities. +(B) The recipient transit agency demonstrates that each expenditure directly enhances or expands transit service to increase mode share. +(C) The recipient transit agency demonstrates that each expenditure reduces greenhouse gas emissions. +(2) (A) Moneys for the program may additionally be expended to support the operation of existing bus or rail service if all of the following occur: +(i) The governing board of the transit agency declares a fiscal emergency, as defined in paragraph (2) of subdivision (d) of Section 21080.32, within 90 days prior to the agency requesting the funds. +(ii) The expenditure of the requested funds is necessary to sustain the transit agency’s transit service in the fiscal year in which the requested funds are to be expended. +(iii) The governing board of the transit agency would be required to reduce or eliminate transit service if the requested funds are not received. +(iv) The governing board makes a finding that a reduction in, or elimination of, transit service would increase greenhouse gas emissions because transit customers would choose other less-efficient modes of transportation. +(v) The transit agency does not request funds over consecutive funding years unless the transit agency has declared a fiscal emergency in each year consistent with clause (i). +(vi) The transit agency does not request funds for more than three consecutive funding years. +(B) Moneys allocated for the purpose of this paragraph shall be expended to provide transit operating assistance that meets both of the following criteria: +(i) The expenditures support current bus- or rail-service operating costs and may include labor, fueling, maintenance, and other costs to operate and maintain those services. +(ii) The recipient transit agency demonstrates that each expenditure directly sustains transit service that would otherwise be reduced or eliminated in the upcoming year if those funds were not received. +(e) For transit agencies whose service areas include disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, at least 50 percent of the total moneys received purs: +(1) A list of proposed expense types for anticipated funding levels. +(2) The documentation required by the guidelines developed pursuant to subdivision (f) to demonstrate compliance with subdivisions (d) and (e). +(i) Before authorizing the disbursement of funds, the Department of Transportation, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense +types, +types +based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to subdivision (f). +(j) The Department of Transportation shall notify the Controller of approved expenditures for each transit agency and the amount of the allocation for each transit agency determined to be available at that time of approval. +(k) The recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for +the +use of +the +fund proceeds developed by the State Air Resources Board. +(l) The Department of Transportation and recipient transit agencies shall comply with the guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code to ensure that the requirements of Section 39713 of the Health and Safety Code are met to maximize the benefits to disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code.","The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all +moneys, except for fines and penalties, +moneys +collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing law continuously appropriates specified portions of the annual proceeds in the fund to various programs, including 5% for the Low Carbon Transit Operations Program, which provides operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. +This bill would additionally authorize moneys appropriated to the program to be expended to support the operation of existing bus or rail service if the governing board of the requesting transit agency declares a fiscal emergency and other criteria are met, thereby expanding the scope of an existing continuous appropriation.","An act to amend Section 75230 of the Public Resources Code, relating to transportation, and making an appropriation therefor." +1015,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25503.6 of the Business and Professions Code is amended to read: +25503.6. +(a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to all of the following conditions: +(1) The on-sale licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or the major tenant of the owner of any of the following: +(A) An outdoor stadium or a fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in Sacramento County or Alameda County. +(B) A fully enclosed arena with a fixed seating capacity in excess of 18,000 seats located in Orange County or Los Angeles County. +(C) An outdoor stadium or fully enclosed arena with a fixed seating capacity in excess of 8,500 seats located in Kern County. +(D) An exposition park of not less than 50 acres that includes an outdoor stadium with a fixed seating capacity in excess of 8,000 seats and a fully enclosed arena with an attendance capacity in excess of 4,500 people, located in San Bernardino County. +(E) An outdoor stadium with a fixed seating capacity in excess of 10,000 seats located in Yolo County. +(F) An outdoor stadium and a fully enclosed arena with fixed seating capacities in excess of 10,000 seats located in Fresno County. +(G) An athletic and entertainment complex of not less than 50 acres that includes within its boundaries an outdoor stadium with a fixed seating capacity of at least 8,000 seats and a second outdoor stadium with a fixed seating capacity of at least 3,500 seats located in Riverside County. +(H) An outdoor stadium with a fixed seating capacity in excess of 1,500 seats located in Tulare County. +(I) A motorsports entertainment complex of not less than 50 acres that includes within its boundaries an outdoor speedway with a fixed seating capacity of at least 50,000 seats, located in San Bernardino County. +(J) An exposition park, owned or operated by a bona fide nonprofit organization, of not less than 400 acres with facilities including a grandstand with a seating capacity of at least 8,000 people, at least one exhibition hall greater than 100,000 square feet, and at least four exhibition halls, each greater than 30,000 square feet, located in the City of Pomona or the City of La Verne in Los Angeles County. +(K) An outdoor soccer stadium with a fixed seating capacity of at least 25,000 seats, an outdoor tennis stadium with a fixed capacity of at least 7,000 seats, an outdoor track and field facility with a fixed seating capacity of at least 7,000 seats, and an indoor velodrome with a fixed seating capacity of at least 2,000 seats, all located within a sports and athletic complex built before January 1, 2005, in the City of Carson in Los Angeles County. +(L) An outdoor professional sports facility with a fixed seating capacity of at least 4,200 seats located in San Joaquin County. +(M) A fully enclosed arena with a fixed seating capacity in excess of 13,000 seats in the City of Inglewood. +(N) (i) An outdoor stadium with a fixed seating capacity of at least 68,000 seats located in the City of Santa Clara. +(ii) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, a major tenant of an outdoor stadium described in clause (i), provided the major tenant does not hold a retail license, and the advertising may include the placement of advertising in an on-sale licensed premises operated at the outdoor stadium. +(O) A complex of not more than 50 acres located on the campus of, and owned by, Sonoma State University dedicated to presenting live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances with venues that include a concert hall with a seating capacity of approximately 1,500 seats, a second concert hall with a seating capacity of up to 300 seats, an outdoor area with a seating capacity of up to 5,000 seats, and a further outdoor area with a seating capacity of up to 10,000 seats. With respect to this complex, advertising space and time may also be purchased from or on behalf of the owner of the complex, a long-term tenant or licensee of the venue, whether or not the owner, long-term tenant, or licensee holds an on-sale license. +(P) A fairgrounds with a horse racetrack and equestrian and sports facilities located in San Diego County. +(2) The outdoor stadium or fully enclosed arena described in paragraph (1) is not owned by a community college district. +(3) The advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned +or leased +by the on-sale licensee. With respect to an exposition park as described in subparagraph (J) of paragraph (1) that includes at least one hotel, the advertising space or time shall not be displayed on or in any hotel located in the exposition park, or purchased in connection with the operation of any hotel located in the exposition park. With respect to the complex described in subparagraph (O) of paragraph (1), the advertising space or time shall be purchased only in connection with live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances to be held on the premises of the complex. +(4) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced by the winegrower, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent that purchased the advertising space or time. +(b) Any purchase of advertising space or time pursuant to subdivision (a) shall be +conducted +controlled +pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent and any of the following: +(1) The on-sale licensee. +(2) With respect to clause (ii) of subparagraph (N) of paragraph (1) of subdivision (a), the major tenant of the outdoor stadium. +(3) With respect to subparagraph (O) of paragraph (1) of subdivision (a), the owner, a long-term tenant of the complex, or licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license. +(c) Any beer manufacturer or holder of a winegrower’s license, any distilled spirits rectifier, any distilled spirits manufacturer, or any distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill all or part of those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space, time, or costs involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. +(d) Any on-sale retail licensee, as described in subdivision (a), who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, a holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space or time pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. +(e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. +(f) The Legislature finds that it is necessary and proper to require a separation among manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition and intends that this section be construed accordingly. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Alcoholic Beverage Control Act, authorizes a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to specified conditions, including that the advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned by the on-sale licensee. Existing law makes a violation of these provisions a crime. +This bill would change that specified condition to also allow the advertising space or time to be purchased in connection with the events to be held on those premises leased by the on-sale licensee. By changing the definition of a crime, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 25503.6 of the Business and Professions Code, relating to alcoholic beverages." +1016,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The electronic benefits transfer (EBT) system has operated statewide in California since 2004 as an effective and efficient method to issue government benefits to recipients. +(b) Research has shown that the use of EBT has many advantages for delivering public benefits. For recipients, EBT offers greater convenience, improved security, and reduced stigmatization. For state governments, EBT provides cost and time savings, improves operational efficiencies, and promotes accountability while stimulating local economies. +(c) EBT has been deemed an effective and responsive mechanism for quickly delivering assistance to people recovering from natural disasters. +(d) The Legislature and the Governor established The Human Right to Water in 2013, which established the policy of California that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. +(e) Despite a history of proactive water policies, California residents still face formidable challenges as the drought continues to exacerbate water quality issues for disadvantaged communities who disproportionately bear the health and financial impacts of inadequate access to safe water. +(f) Significant barriers to water access exist for marginalized Californians who are forced to choose between drinking water and expending scarce resources to pay for clean water. +(g) In 2014, more than 1 million Californians faced water safety violations that made water unsafe to drink. +(h) As the drought enters its fifth year, more than 2,000 domestic wells have gone dry in the Central Valley, affecting tens of thousands of people. Many small communities face chronic water quality problems. Almost 400 small rural water systems and schools are unable to provide safe drinking water. +(i) In response to these challenges, the Governor and the Legislature have established or proposed new emergency drinking water supports to assist these households. +(j) Recognizing this, it is the intent of the Legislature +to utilize the existing EBT system +to deliver appropriate emergency water benefits to disadvantaged households in an efficient and effective +manner. +manner and, to the extent possible, to utilize the EBT system to accomplish this goal. +SEC. 2. +Chapter 16 (commencing with Section 18997) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read: +CHAPTER 16. Safe Drinking Water Benefit +18997. +(a) On or before February 1, 2017, the State Department of Social Services shall convene a workgroup to develop recommendations for delivering a water benefit to supplement the purchase of drinking water for low-income households with inadequate access to safe drinking water. +(b) The water benefit to be developed shall do all of the following: +(1) Be made available to low-income households with inadequate access to safe drinking water. +(2) To the extent possible, be provided through the electronic benefits transfer system. +(3) To the extent possible, be funded from existing emergency drought response resources allocated for interim water assistance. +(c) The workgroup shall consist of representatives from all of the following entities: +(1) The State Department of Social Services. +(2) The State Water Resources Control Board. +(3) The Department of Water Resources. +(4) The Office of Emergency Services. +(5) The County Welfare Directors Association of California. +(6) Food policy advocates. +(7) Other applicable community advocates. +(d) The workgroup shall develop recommendations that include all of the following: +(1) The design of the benefit. +(2) An implementation plan for identification of eligible households and delivery of the benefit to those households. In developing eligibility criteria, the workgroup shall consider all of the following populations: +(A) Households in disadvantaged communities served by noncompliant small community water systems, as defined in Section 116275 of the Health and Safety Code. +(B) Households located in communities deemed eligible for interim emergency drinking water benefits by the State Water Resources Control Board. +(C) Households with private wells that have active outages or water supply problems. +(3) Possibilities for interim or permanent adoption and implementation of the benefit through regulations, all-county letters, or similar instruction. +(e) (1) The State Department of Social Services shall submit a report with the recommendations to the Legislature and the California Health and Human Services Agency by July 1, 2017. +(2) A report submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. +18998. +This chapter shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2022, deletes or extends the dates on which it becomes inoperative and is repealed.","Existing law provides for financial and food assistance benefits to needy Californians, including, among other programs, the California Work Opportunity and Responsibility to Kids (CalWORKs) program and CalFresh, under which each county provides for financial and food assistance benefits to qualified individuals who meet specified eligibility criteria. Existing law, administered by the State Department of Social Services, provides for the establishment of a statewide electronic benefits transfer (EBT) system for the purpose of providing those financial and food assistance benefits. Existing law authorizes a county to deliver CalFresh benefits and, upon election by the county, CalWORKs benefits through the use of an EBT system. +This bill would require the State Department of Social Services to, on or before February 1, 2017, convene a workgroup to develop recommendations for delivering a water benefit to supplement the purchase of drinking water for low-income households with inadequate access to safe drinking water, as specified. The bill would require the workgroup to consist of representatives from specified entities, including the Department of Water Resources, the Office of Emergency Services, and applicable community advocates, and would require the workgroup to develop recommendations that include, among other things, an implementation plan for identification of eligible households and delivery of the benefit to those households. The bill would require the State Department of Social Services to, on or before July 1, 2017, submit a report with the recommendations to the Legislature and the California Health and Human Services Agency. The bill would also make relating findings and declarations.","An act to add and repeal Chapter 16 (commencing with Section 18997) of Part 6 of Division 9 of the Welfare and Institutions Code, relating to public social services." +1017,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12715 of the Government Code is amended to read: +12715. +(a) The Controller, acting in consultation with the California Gambling Control Commission, shall divide the County Tribal Casino Account for each county that has gaming devices that are subject to an obligation to make contributions to the Indian Gaming Special Distribution Fund into a separate account for each tribe that operates a casino within the county. These accounts shall be known as Individual Tribal Casino Accounts, and funds may be released from these accounts to make grants selected by an Indian Gaming Local Community Benefit Committee pursuant to the method established by this section to local jurisdictions impacted by tribal casinos. Each Individual Tribal Casino Account shall be funded in proportion to the amount that each individual tribe paid in the prior fiscal year to the Indian Gaming Special Distribution Fund. +(b) (1) There is hereby created in each county in which Indian gaming is conducted an Indian Gaming Local Community Benefit Committee. The selection of all grants from each Individual Tribal Casino Account or County Tribal Casino Account shall be made by each county’s Indian Gaming Local Community Benefit Committee. In selecting grants, the Indian Gaming Local Community Benefit Committee shall follow the priorities established in subdivision (g) and the requirements specified in subdivision (h). This committee has the following additional responsibilities: +(A) Establishing all application policies and procedures for grants from the Individual Tribal Casino Account or County Tribal Casino Account. Each grant application shall clearly show how the grant will mitigate the impact of the casino on the grant applicant. +(B) Assessing the eligibility of applications for grants from local jurisdictions impacted by tribal gaming operations. +(C) Determining the appropriate amount for reimbursement from the aggregate county tribal account of the demonstrated costs incurred by the county for administering the grant programs. The reimbursement for county administrative costs may not exceed 2 percent of the aggregate county tribal account in any given fiscal year. +(2) Except as provided in Section 12715.5, the Indian Gaming Local Community Benefit Committee shall be composed of seven representatives, consisting of the following: +(A) Two representatives from the county, selected by the county board of supervisors. +(B) Three elected representatives from cities located within four miles of a tribal casino in the county, selected by the county board of supervisors. In the event that there are no cities located within four miles of a tribal casino in the county, other local representatives may be selected upon mutual agreement by the county board of supervisors and a majority of the tribes paying into the Indian Gaming Special Distribution Fund in the county. When there are no cities within four miles of a tribal casino in the county, and when the Indian Gaming Local Community Benefit Committee acts on behalf of a county where no tribes pay into the Indian Gaming Special Distribution Fund, other local representatives may be selected upon mutual agreement by the county board of supervisors and a majority of the tribes operating casinos in the county. However, if only one city is within four miles of a tribal casino and that same casino is located entirely within the unincorporated area of that particular county, only one elected representative from that city shall be included on the Indian Gaming Local Community Benefit Committee. +(C) Two representatives selected upon the recommendation of a majority of the tribes paying into the Indian Gaming Special Distribution Fund in each county. When an Indian Gaming Local Community Benefit Committee acts on behalf of a county +where +in which +no tribes pay into the Indian Gaming Special Distribution Fund, the two representatives may be selected upon the recommendation of the tribes operating casinos in the county. +(3) The Indian Gaming Local Community Benefit Committee shall adopt and approve a Conflict of Interest Code pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9. Any existing Conflict of Interest Code shall be reviewed and amended as necessary to bring it into compliance with the requirements of Article 3 (commencing with Section 87300) of Chapter 7 of Title 9. +(c) Sixty percent of each Individual Tribal Casino Account shall be available for nexus grants on a yearly basis to cities and counties impacted by tribes that are paying into the Indian Gaming Special Distribution Fund, according to the four-part nexus test described in paragraph (1). Grant awards shall be selected by each county’s Indian Gaming Local Community Benefit Committee and shall be administered by the county. Grants may be awarded on a multiyear basis, and these multiyear grants shall be accounted for in the grant process for each year. +(1) A nexus test based on the geographical proximity of a local government jurisdiction to an individual Indian land upon which a tribal casino is located shall be used by each county’s Indian Gaming Local Community Benefit Committee to determine the relative priority for grants, using the following criteria: +(A) Whether the local government jurisdiction borders the Indian lands on all sides. +(B) Whether the local government jurisdiction partially borders Indian lands. +(C) Whether the local government jurisdiction maintains a highway, road, or other thoroughfare that is the predominant access route to a casino that is located within four miles. +(D) Whether all or a portion of the local government jurisdiction is located within four miles of a casino. +(2) Fifty percent of the amount specified in +this +subdivision +(c) +shall be awarded in equal proportions to local government jurisdictions that meet all four of the nexus test criteria in paragraph (1). If no eligible local government jurisdiction satisfies this requirement, the amount specified in this paragraph shall be made available for nexus grants in equal proportions to local government jurisdictions meeting the requirements of paragraph (3) or (4). +(3) Thirty percent of the amount specified in +this +subdivision +(c) +shall be awarded in equal proportions to local government jurisdictions that meet three of the nexus test criteria in paragraph (1). If no eligible local government jurisdiction satisfies this requirement, the amount specified in this paragraph shall be made available for nexus grants in equal proportions to local government jurisdictions meeting the requirements of paragraph (2) or (4). +(4) Twenty percent of the amount specified in +this +subdivision +(c) +shall be awarded in equal proportions to local government jurisdictions that meet two of the nexus test criteria in paragraph (1). If no eligible local government jurisdiction satisfies this requirement, the amount specified in this paragraph shall be made available for nexus grants in equal proportions to local government jurisdictions meeting the requirements of paragraph (2) or (3). +(d) Twenty percent of each Individual Tribal Casino Account shall be available for discretionary grants to local jurisdictions impacted by tribes that are paying into the Indian Gaming Special Distribution Fund. These discretionary grants shall be made available to all local jurisdictions in the county irrespective of any nexus to impacts from any particular tribal casino, as described in paragraph (1) of subdivision (c). Grant awards shall be selected by each county’s Indian Gaming Local Community Benefit Committee and shall be administered by the county. Grants may be awarded on a multiyear basis, and these multiyear grants shall be accounted for in the grant process for each year. +(e) (1) Twenty percent of each Individual Tribal Casino Account shall be available for discretionary grants to local jurisdictions impacted by tribes that are not paying into the Indian Gaming Special Distribution Fund. These grants shall be made available to local jurisdictions in the county irrespective of any nexus to impacts from any particular tribal casino, as described in paragraph (1) of subdivision (c), and irrespective of whether the impacts presented are from a tribal casino that is not paying into the Indian Gaming Special Distribution Fund. Grant awards shall be selected by each county’s Indian Gaming Local Community Benefit Committee and shall be administered by the county. Grants may be awarded on a multiyear basis, and these multiyear grants shall be accounted for in the grant process for each year. +(A) Grants awarded pursuant to this subdivision are limited to addressing service-oriented impacts and providing assistance with one-time large capital projects related to Indian gaming impacts. +(B) Grants shall be subject to the sole sponsorship of the tribe that pays into the Indian Gaming Special Distribution Fund and the recommendations of the Indian Gaming Local Community Benefit Committee for that county. +(2) If an eligible county does not have a tribal casino operated by a tribe that does not pay into the Indian Gaming Special Distribution Fund, the moneys available for discretionary grants under this subdivision shall be available for distribution pursuant to subdivision (d). +(f) (1) For each county that does not have gaming devices subject to an obligation to make payments to the Indian Gaming Special Distribution Fund, funds may be released from the county’s County Tribal Casino Account to make grants selected by the county’s Indian Gaming Local Community Benefit Committee pursuant to the method established by this section to local jurisdictions impacted by tribal casinos. These grants shall be made available to local jurisdictions in the county irrespective of any nexus to any particular tribal casino. These grants shall follow the priorities specified in subdivision (g) and the requirements specified in subdivision (h). +(2) Funds not allocated from a +county tribal casino account +County Tribal Casino Account +by the end of each fiscal year shall revert back to the Indian Gaming Special Distribution Fund. +Moneys allocated for the 2003–04 fiscal year shall be eligible for expenditure through December 31, 2004. +(g) The following uses shall be the priorities for the receipt of grant moneys from Individual Tribal Casino Accounts: law enforcement, fire services, emergency medical services, environmental impacts, water supplies, waste disposal, behavioral, health, planning and adjacent land uses, public health, roads, recreation and youth programs, and child care programs. +(h) In selecting grants pursuant to subdivision (b), an Indian Gaming Local Community Benefit Committee shall select only grant applications that mitigate impacts from casinos on local jurisdictions. If a local jurisdiction uses a grant selected pursuant to subdivision (b) for any unrelated purpose, the grant shall terminate immediately and any moneys not yet spent shall revert to the Indian Gaming Special Distribution Fund. If a local jurisdiction approves an expenditure that mitigates an impact from a casino on a local jurisdiction and that also provides other benefits to the local jurisdiction, the grant selected pursuant to subdivision (b) shall be used to finance only the proportionate share of the expenditure that mitigates the impact from the casino. +(i) All grants from Individual Tribal Casino Accounts shall be made only upon the affirmative sponsorship of the tribe paying into the Indian Gaming Special Distribution Fund from whose Individual Tribal Casino Account the grant moneys are available for distribution. Tribal sponsorship shall confirm that the grant application has a reasonable relationship to a casino impact and satisfies at least one of the priorities listed in subdivision (g). A grant may not be made for any purpose that would support or fund, directly or indirectly, any effort related to the opposition or challenge to Indian gaming in the state, and, to the extent any awarded grant is utilized for any prohibited purpose by any local government, upon notice given to the county by any tribe from whose Individual Tribal Casino Account the awarded grant went toward that prohibited use, the grant shall terminate immediately and any moneys not yet used shall again be made available for qualified nexus grants. +(j) A local government jurisdiction that is a recipient of a grant from an Individual Tribal Casino Account or a County Tribal Casino Account shall provide notice to the public, either through a slogan, signage, or other mechanism, stating that the local government project has received funding from the Indian Gaming Special Distribution Fund and further identifying the particular Individual Tribal Casino Account from which the grant derives. +(k) (1) Each county’s Indian Gaming Local Community Benefit Committee shall submit to the Controller a list of approved projects for funding from Individual Tribal Casino Accounts. Upon receipt of this list, the Controller shall release the funds directly to the local government entities for which a grant has been approved by the committee. +(2) Funds not allocated from an Individual Tribal Casino Account by the end of each fiscal year shall revert back to the Indian Gaming Special Distribution Fund. +Moneys allocated for the 2003–04 fiscal year shall be eligible for expenditure through December 31, 2004. Moneys allocated for the 2008–09 fiscal year shall be eligible for expenditure through December 31, 2009. +(l) Notwithstanding any other law, a local government jurisdiction that receives a grant from an Individual Tribal Casino Account shall deposit all funds received in an interest-bearing account and use the interest from those funds only for the purpose of mitigating an impact from a casino. If any portion of the funds in the account is used for any other purpose, the remaining portion shall revert to the Indian Gaming Special Distribution Fund. As a condition of receiving further funds under this section, a local government jurisdiction, upon request of the county, shall demonstrate to the county that all expenditures made from the account have been in compliance with the requirements of this section. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SECTION 1. +It is the intent of the Legislature to enact legislation related to tribal gaming in California.","Existing law creates in the State Treasury the Indian Gaming Special Distribution Fund for the receipt and deposit of moneys received by the state from certain Indian tribes pursuant to the terms of gaming compacts entered into with the state. Existing law authorizes moneys in that fund to be used for specified purposes, including for grants for the support of state and local government agencies impacted by tribal government gaming. Existing law, until January 1, 2021, creates a County Tribal Casino Account in the treasury of each county that contains a tribal casino, which is funded according to specified formulas. Existing law requires the Controller, in consultation with the California Gambling Control Commission, to divide the County Tribal Casino Account for each county that has gaming devices that are subject to an obligation to make contributions to the Indian Gaming Special Distribution Fund into a separate account, known as an Individual Tribal Casino Account, for each tribe that operates a casino within the county. Each Individual Tribal Casino Account is required to be funded in proportion to the amount that each individual tribe paid in the prior fiscal year to the Indian Gaming Special Distribution Fund, and authorizes funds in these accounts to be released to make grants to local agencies impacted by tribal casinos, as specified. Existing law establishes an Indian Gaming Local Community Benefit Committee in each county in which gaming is conducted, specifies the composition and responsibilities of that committee, and requires that committee to make the selection of grants from those casino accounts. Among other things, the committee is responsible for establishing all application policies and procedures for grants from the casino accounts. +Existing law requires every state agency and local government agency to adopt and promulgate a Conflict of Interest Code applicable to enumerated positions within the agency and designated employees, as specified. +This bill would require each Indian Gaming Local Community Benefit Committee to adopt and approve a Conflict of Interest Code pursuant to these provisions. The bill would require any existing Conflict of Interest Code to be reviewed and amended as necessary to bring it into compliance with these requirements. By increasing the duties of local government entities, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature. Existing law ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. +This bill would state the intent of the Legislature to enact legislation related to tribal gaming in California.","An act +to amend Section 12715 of the Government Code, +relating to gaming." +1018,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25218.1 of the Health and Safety Code is amended to read: +25218.1. +For purposes of this article, the following terms have the following meanings: +(a) “Conditionally exempt small quantity generator” or “CESQG” means a business concern that meets the criteria specified in Section 261.5 of Title 40 of the Code of Federal Regulations. +(b) “Curbside household hazardous waste collection program” means a collection service authorized by a public agency that is operated in accordance with Section 25163 and subdivision (d) of Section 25218.5 and that collects one or more of the following types of household hazardous waste: +(1) Latex paint. +(2) Used oil. +(3) Used oil filters. +(4) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department. +(c) “Door-to-door household hazardous waste collection program” or “household hazardous waste residential pickup service” means a household hazardous waste service that meets all of the following requirements: +(1) The program or service is operated by a public agency or its contractor. +(2) The program or service is operated in accordance with subdivision (e) of Section 25218.5. +(3) (A) The program or service collects household hazardous waste from individual residences and transports that waste in an inspected and certified hazardous waste transport vehicle operated by a registered hazardous waste +transporter, +transporter +to either of the following: +(i) An authorized household hazardous waste collection facility. +(ii) A hazardous waste facility, as defined in Section 66260.10 of Title 22 of the California Code of Regulations. +(B) Clause (ii) of subparagraph (A) shall become inoperative on and after January 1, 2020. +(d) “Household” means a single detached residence or a single unit of a multiple residence unit and all appurtenant structures. +(e) “Household hazardous waste” means hazardous waste generated incidental to owning or maintaining a place of residence. Household hazardous waste does not include waste generated in the course of operating a business concern at a residence. +(f) “Household hazardous waste collection facility” means a facility operated by a public agency, or its contractor, for the purpose of collecting, handling, treating, storing, recycling, or disposing of household hazardous waste, and its operation may include accepting hazardous waste from conditionally exempt small quantity generators if that acceptance is authorized pursuant to Section 25218.3. Household hazardous waste collection facilities include permanent household hazardous waste collection facilities, as defined in subdivision (h), temporary household hazardous waste collection facilities, as defined in subdivision (p), recycle-only household hazardous waste collection facilities, as defined in subdivision (n), curbside household hazardous waste collection programs, as defined in subdivision (b), door-to-door household hazardous waste collection +program +programs +or household hazardous waste residential pickup +service +services +, as defined in subdivision (c), and mobile household hazardous waste collection facilities, as defined in subdivision (g). +(g) “Mobile household hazardous waste collection facility” means a portable structure within which a household hazardous waste collection facility is operated and that meets all of the following conditions: +(1) The facility is operated not more than four times in any one calendar year at the same location. +(2) The facility is operated not more than three consecutive weeks within a two-month period at the same location. +(3) Upon +the +termination of operations, all equipment, materials, and waste are removed from the site within 144 hours. +(h) “Permanent household hazardous waste collection facility” means a permanent or semipermanent structure at a fixed location that meets both of the following conditions: +(1) The facility is operated at the same location on a continuous, regular schedule. +(2) The hazardous waste stored at the facility is removed within one year after collection. +(i) “Public agency” means a state or federal agency, county, city, or district. +(j) “Quality assurance plan” means a written protocol prepared by a public agency that is designed to ensure that reusable household hazardous products or materials, as defined in subdivision (o), that are collected by a household hazardous waste collection program are evaluated to verify that product containers, contents, and labels are as they originated from the products’ manufacturers. The public agency or a person authorized by the public agency, as defined in subdivision (k), shall design the protocol to ensure, using its best efforts with the resources generally available to the public agency, or the person authorized by the public agency, that products selected for distribution are appropriately labeled, uncontaminated, and appear to be as they originated from the product manufacturers. A quality assurance plan shall identify specific procedures for evaluating each container placed in a recycling or exchange program. The quality assurance plan shall also identify those products that shall not be accepted for distribution in a recycling or exchange program. Unacceptable products may include, but are not limited to, banned or unregistered agricultural waste, as defined in subdivision (a) of Section 25207.1, and products containing polychlorinated biphenyls (PCB), asbestos, or dioxin. +(k) “Person authorized by the public agency” means an employee of a public agency or a person from whom services are contracted by the public agency. +(l) “Recipient” means a person who accepts a reusable household hazardous product or material at a household hazardous waste collection facility operating pursuant to this article. +(m) “Recyclable household hazardous waste material” means any of the following: +(1) Latex paint. +(2) Used oil. +(3) Used oil filters. +(4) Antifreeze. +(5) Spent lead-acid batteries. +(6) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department, except a universal waste for which the department determines, by regulation, that there is no readily available authorized recycling facility capable of accepting and recycling that waste. +(n) “Recycle-only household hazardous waste collection facility” means a household hazardous waste collection facility that is operated in accordance with Section 25218.8 and accepts for recycling only recyclable household hazardous waste materials. +(o) “Reusable household hazardous product or material” means a container of household hazardous product, or a container of hazardous material generated by a conditionally exempt small quantity generator, that has been received by a household hazardous waste collection facility operating pursuant to this article and that is offered for distribution in a materials exchange program to a recipient, as defined in subdivision (l), in accordance with a quality assurance plan, as defined in subdivision (j). +(p) “Temporary household hazardous waste collection facility” means a household hazardous waste collection facility that meets both of the following conditions: +(1) The facility is operated not more than once for a period of not more than two days in any one month at the same location. +(2) Upon termination of operations, all equipment, materials, and waste are removed from the site within 144 hours.","Existing law authorizes public agencies to operate household hazardous waste collection facilities, as defined, and specifies conditions for the transportation of household hazardous waste. +This bill would make nonsubstantive changes to the definitions pertaining to those provisions.","An act to amend Section 25218.1 of the Health and Safety Code, relating to household hazardous waste." +1019,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Many local educational agencies, including school districts, county offices of education, and community college +districts +districts, +have experienced rapid increases in energy costs due to energy rate increases approved by the Public Utilities Commission. +(b) Local educational agencies are disproportionately affected by rapid increases in energy costs and differ from other public agencies because they are strictly limited in their ability to raise local tax revenues to cover operational cost increases. Local educational agencies seeking to participate in Public Utilities Commission proceedings must hire attorneys and experts at their own expense, using the state and local dollars that were designated for educational programs. +(c) The cost of intervening in Public Utilities Commission proceedings is often prohibitive for local educational agencies; therefore, the perspectives of local educational agencies are often lost during proceedings to discuss rate changes. +(d) The Public Utilities Commission’s Intervenor Compensation Program is intended to ensure that individuals and groups that represent residential or small commercial electric utility customers have the financial resources to bring their concerns and interests to the commission during formal proceedings. +(e) As a regional agency, a county office of education is the appropriate intervenor in a proceeding affecting any local educational agency in whole or part within the county. +SEC. 2. +Section 1802 of the Public Utilities Code is amended to read: +1802. +As used in this article: +(a) “Compensation” means payment for all or part, as determined by the commission, of reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any. +(b) (1) “Customer” means any of the following: +(A) A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation that is subject to the jurisdiction of the commission. +(B) A representative who has been authorized by a customer. +(C) A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation. +(D) (i) Notwithstanding paragraph (2), a county office of education or a +community college district. +consortium of public school districts or agencies. +(ii) +(I) +A +county office of education may +consortium of public school districts or agencies shall only +participate or intervene pursuant to this article on behalf of +any of the +a +local +K– +12 +educational +agencies in whole or part within the county or on behalf of itself. +agency in a commission proceeding relating to gas or electricity rates. +(II) A representative of a consortium of public school districts or agencies participating or intervening pursuant to this article in a commission proceeding shall not have had a direct financial interest in the resolution of the commission proceeding within the two years preceding the filing of comments with the commission, and shall not have a direct financial interest in the resolution of the proceeding sooner than two years after that resolution. +(2) “Customer” does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the commission’s opinion, was established or formed by a local government entity for the purpose of participating in a commission proceeding. +(c) “Expert witness fees” means recorded or billed costs incurred by a customer for an expert witness. +(d) “Other reasonable costs” means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution. +(e) “Party” means any interested party, respondent public utility, or commission staff in a hearing or proceeding. +(f) “Proceeding” means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission. +(g) “Significant financial hardship” means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocate’s fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding. +(h) “Small commercial customer” means +any +a +nonresidential customer with a maximum peak demand of less than 50 kilowatts. The commission may establish rules to modify or change the definition of “small commercial customer,” including use of criteria other than a peak demand threshold, if the commission determines that the modification or change will promote participation in proceedings at the commission by organizations representing small businesses, without incorporating large commercial and industrial customers. +(i) “Substantial contribution” means that, in the judgment of the commission, the customer’s presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. +Where +If +the customer’s participation has resulted in a substantial contribution, even if the decision adopts that customer’s contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocate’s fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation.","Under existing law, the Public Utilities Commission has broad regulatory authority pursuant to the California Constitution and the Public Utilities Act over public utilities, as defined. Existing law provides compensation for reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs to public utility customers and representatives of customers for participation or intervention in formal proceedings of the commission involving electrical, gas, water, telegraph, and telephone public utilities, but does not provide that compensation for local government agencies. +This bill would make legislative findings and declarations relating to local educational agency involvement in commission proceedings. The bill would authorize compensation for participation or intervention in the proceedings described above for a county office of education, +on behalf of any of the local educational agencies in whole or part within the county or on behalf of itself, or for a community college district. +or a consortium of public school districts or agencies participating or intervening on behalf of local K–12 educational agencies in a commission proceeding relating to gas or electricity rates. The bill would require that a representative of a consortium not have had a direct financial interest in the resolution of the commission proceeding within the 2 years preceding the filing of comments with the commission and not have a direct financial interest in the resolution until 2 years after that resolution.","An act to amend Section 1802 of the Public Utilities Code, relating to public utilities." +1020,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the Responsible Beverage Service Training Program Act of 2016. +SEC. 2. +Article 4 (commencing with Section 25680) is added to Chapter 16 of Division 9 of the Business and Professions Code, to read: +Article 4. Responsible Beverage Service (RBS) Training Program Act of 2016 +25680. +For purposes of this article: +(a) “Accredited training provider” means either of the following: +(1) A training provider accredited by the American National Standards Institute (ANSI) that meets ASTM International E2659-15 Standard Practice for Certificate Programs. +(2) A training provider accredited by an accreditation agency other than ANSI, provided the accreditation agency is authorized by the department to accredit training providers offering RBS training courses. +(b) “Alcohol server” means a person who sells or serves alcoholic beverages directly to consumers, or a person who manages or supervises a person who sells or serves alcoholic beverages directly to consumers, including the onsite establishment owner of a licensed facility, for consumption on the premises of a licensed facility that includes, but is not limited to, one-day events, fairs, festivals, sporting events, and other special events. +(c) “RBS training course” means a Responsible Beverage Service training course that meets the requirements of subdivision (b) of Section 25682. +(d) “Self-training and assessment” means a process where the individual trains, and takes an assessment, without the presence or intervention of a trainer or instructor and includes, but is not limited to, training and assessment through the use of a computer program or the Internet. +25681. +(a) Notwithstanding any laws to the contrary, beginning July 1, 2020, an alcohol server shall successfully complete an RBS training course from an accredited training provider within three months of employment and every three years thereafter. +(b) The licensee shall ensure that those persons required to successfully complete an RBS training course do so. A current certificate or card provided by any accredited training provider shall be sufficient documentation of successful completion and shall be accepted throughout the state. +(c) A nonprofit organization that has obtained a temporary daily on-sale license or a temporary daily off-sale license from the department shall designate a person or persons to receive RBS training prior to the event and that designated person or those designated persons shall remain on site for the duration of the event. +25682. +(a) On or before January 1, 2020, the department shall establish a list, published on the department’s Internet Web site, of RBS training courses offered by accredited training providers that may be used to fulfill the requirements of Section 25681. +(b) (1) An RBS training course shall consist of at least four hours of instruction and include, but shall not be limited to, the following information: +(A) The social impact of alcohol. +(B) The impact of alcohol on the body. +(C) State laws and regulations relating to alcoholic beverage control, including laws and regulations related to driving under the influence. +(D) Intervention techniques to prevent the service or sale of alcoholic beverages to underage persons or intoxicated patrons. +(E) The development of management policies that support the prevention of service or sale of alcoholic beverages to underage persons or intoxicated patrons. +(F) The course shall provide basic, introductory instruction on the elements described in subparagraphs (A) to (E), inclusive. +(2) An RBS training course may be offered through a trainer-led class and assessment or self-training and assessment. +(3) An RBS certificate or card shall be issued only upon successful completion of an RBS training course and assessment. A minimum score of 70 percent on the assessment shall be required to successfully complete the course. +(4) An RBS training course shall issue a certificate or card to individuals who successfully complete a course. The certificate or card shall be valid for three years from the original date of issuance, regardless of whether the alcohol server changes employers during that period. +(5) The department may, by regulation, establish additional training standards and curricula to be included in an RBS training course. +(c) At least one RBS training course shall cost a participant no more than fifteen dollars ($15), inclusive of the certificate or card provided upon successful completion of the training course. At least one RBS training course shall be offered in Spanish. If no RBS training courses meet these requirements, Section 25681 shall not apply. +(d) The department may authorize an accreditation agency, in addition to ANSI, to accredit training providers to offer RBS training courses and may collect fees to cover the reasonable costs associated with the review and approval of that accreditation agency. +25683. +(a) Beginning January 1, 2019, the department shall include information on the RBS training course requirement pursuant to Section 25681, including information on documentation requirements, on the application for an authorized license and with the license renewal notices sent to authorized licensees. +(b) Beginning July 1, 2020, all authorized licensees shall maintain, and provide upon request by the department, all records necessary to establish compliance with this section. +25684. +(a) Beginning July 1, 2020, an authorized licensee, the agent or employee of that licensee, or an alcohol server who knowingly and intentionally violates any provision of this article shall be subject only to the civil and administrative penalties authorized by this division. +(b) An alcohol server shall be subject to the provisions of subdivisions (b) and (c) of Section 25602.","The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Under existing law, any on-sale license authorizes the sale of the alcoholic beverage specified in the license for consumption on the premises where sold. Currently, the Licensee Education on Alcohol and Drugs (LEAD) program is a voluntary prevention and education program for retail licensees, their employees, and applicants, regarding alcohol responsibility and the law. +This bill would, in addition to the LEAD program, establish the Responsible Beverage Service (RBS) Training Program Act of 2016, beginning July 1, 2020, that would require an alcohol server, as defined, to successfully complete an RBS training course offered by an accredited training provider within 3 months of employment and every 3 years thereafter. The bill would require a nonprofit organization that obtained a temporary daily on-sale or off-sale license to designate a person or persons to receive RBS training before the event and would require that person or those persons to remain on site for the duration of the event. The bill would provide that an RBS training course include information on, among other things, state laws and regulations relating to alcoholic beverage control and the impact of alcohol on the body. The bill would require the Department of Alcoholic Beverage Control, on or before January 1, 2020, to establish a list published on the department’s Internet Web site of RBS training courses and would authorize the department to collect fees to cover the reasonable costs of review and approval of accreditation agencies. The bill, beginning January 1, 2019, would require the department to provide information on RBS training requirements on applications for, and renewals of, authorized licenses. The bill, beginning July 1, 2020, would require all authorized licensees to maintain, and provide upon request by the department, all records necessary to establish compliance with these provisions. The bill, beginning July 1, 2020, would provide that an authorized licensee, the licensee’s agent or employee, or an alcohol server who knowingly and intentionally violates any of these provisions is subject only to civil and administrative penalties, as specified.","An act to add Article 4 (commencing with Section 25680) to Chapter 16 of Division 9 of the Business and Professions Code, relating to alcoholic beverages." +1021,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 44390 of the Education Code is repealed. +SEC. 2. +Section 44390 is added to the Education Code, to read: +44390. +The Legislature finds and declares all of the following: +(a) All children deserve a highly qualified teacher. +(b) California faces a severe teacher shortage. +(c) The demand for new teachers is growing due to the inability to attract new teachers into the profession, the high attrition rate of new teachers, and the retirement of existing teachers. +(d) California has a 50-percent higher pupil-to-teacher ratio than any other state in the country at 24 to 1. +(e) It is estimated that California will need 60,000 additional teachers to +maintain the current pupil-to-teacher ratio. +bring pupil-to-teacher ratios back to prerecession levels. +(f) +If +California +will +were to reduce pupil-to-teacher ratios to the national average of 16 to 1, school districts would +need +to hire +135,000 additional +teachers in order to return to the prerecession pupil-to-teacher ratio of 16 to 1. +teachers. +(g) Teacher shortages vary by subject and region. +(h) Enrollment in teacher credentialing programs dropped 76 percent between 2002 and 2014. +(i) In 2014 and 2015, 40 percent of credentials were awarded to underprepared teachers. +(j) The diversity in the teacher workforce in California does not match the diversity of the pupil population. +(k) Roughly 65 percent of teachers are white, 20 percent are Hispanic, and 15 percent are a different race or ethnicity. +(l) Classified school employees currently working in public schools represent a potential pool of future teachers. +(m) Classified school employees as a group make up the most diverse segment of the professional school community. +(n) Providing incentives for classified school employees to obtain a bachelor’s degree and become fully credentialed teachers is a proven strategy to increase the number of highly qualified teachers in California’s schools. +SEC. 3. +Section 44391 of the Education Code is amended to read: +44391. +This article shall be known, and may be cited, as the California Classified School Employee Teacher Credentialing Program. +SEC. 4. +Section 44392 of the Education Code is amended to read: +44392. +For the purposes of this article, unless the context clearly requires otherwise, the following terms shall have the following meanings: +(a) “Applicant” means a school district or county office of education applying for program funds under the California Classified School Employee Teacher Credentialing Program. +(b) “Institutions of higher education” means the California Community Colleges, the California State University, the University of California, and private not-for-profit institutions of higher education that offer a commission-approved teacher preparation program. +(c) “Participant” means a classified school employee who elects to participate in the California Classified School Employee Teacher Credentialing Program. +(d) “Program” means the California Classified School Employee Teacher Credentialing Program. +(e) “Classified school employee” means a noncertificated school employee currently working in a public school pursuant to this chapter. +(f) “Teacher training program” means an undergraduate or graduate program of instruction conducted by a +campus of an institution of higher education +teacher preparation program approved by the commission +that includes a developmentally sequenced career ladder to provide instruction, coursework, and clearly defined tasks for each level of the ladder, and that is designed to qualify students enrolled in the program for a teaching credential authorizing instruction in kindergarten and grades 1 to 12, inclusive. +SEC. 5. +Section 44393 of the Education Code is amended to read: +44393. +(a) The California Classified School Employee Teacher Credentialing Program is hereby established for the purpose of recruiting classified school employees to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools. +(b) Subject to an appropriation for these purposes in the annual Budget Act, the commission shall issue a request for proposals to all school districts and county offices of education in the state in order to solicit applications for funding. The criteria adopted by the commission for the selection of school districts or county offices of education to participate in the program shall include all of the following: +(1) The extent to which the applicant demonstrates the capacity and willingness to accommodate the participation of classified school employees in teacher training programs conducted at institutions of higher education. +(2) The extent to which the applicant’s plan for the implementation of its recruitment program involves the active participation of one or more local campuses of the participating institutions of higher education in the development of coursework and teaching programs for participating classified school employees. Each selected applicant shall be required to enter into a written articulation agreement with the participating campuses of the institutions of higher education. +(3) The extent to which the applicant’s plan for recruitment attempts to meet the demand of teacher shortages in shortage areas in +kindergarten +transitional kindergarten, kindergarten, +and grades 1 to 12, inclusive. Each classified school employee selected to participate shall have +successfully +completed at least two years of undergraduate college or university coursework and shall have demonstrated an interest in obtaining a multiple subject or single subject teaching credential. +(4) The extent to which a developmentally sequenced series of job descriptions leads from an entry-level classified school employee position to an entry-level teaching position in that school district or county office of education. +(5) The extent to which the applicant’s plan for recruitment attempts to meet its own specific teacher needs. +(c) An applicant that is selected to participate pursuant to subdivision (b) shall provide information about the program to all eligible classified school employees in the school district or county office of education and assistance to each classified school employee it recruits under the program regarding admission to a teacher training program. +(d) (1) An applicant shall require participants to satisfy +all +both +of the following requirements before participating in the program: +(A) Pass a criminal background check. +(B) Provide verification of one of the following: +(i) Has earned an associate or higher level degree. +(ii) Has +successfully +completed at least two years of study at a postsecondary educational institution. +(2) An applicant shall certify that it has received a commitment from each participant that he or she will accomplish all of the following: +(A) Graduate from an institution of higher education under the program with a bachelor’s degree. +(B) Complete all of the requirements for, and obtain, a multiple subject, single subject, or education specialist teaching credential. +(C) Complete one school year of classroom instruction in the school district or county office of education for each year that he or she receives assistance for books, fees, and tuition while attending an institution of higher education under the program. +(e) The commission shall contract with an independent evaluator with a proven record of experience in assessing teacher training programs to conduct an evaluation to determine the success of the program. The evaluation shall be conducted once every five years, with the first evaluation being completed on or before July 1, 2021. The commission shall submit the completed evaluation to the Governor and the education policy and fiscal committees of the Assembly and Senate. +(f) On or before January 1 of each year, the commission shall report to the Legislature regarding the status of the program, including, but not limited to, the number of classified school employees recruited, the academic progress of the classified school employees recruited, the number of classified school employees recruited who are subsequently employed as teachers in the public schools, the degree to which the applicant meets the teacher shortage needs of the school district or county office of education, and the ethnic and racial composition of the participants in the program. The report shall be made in conformance with Section 9795 of the Government Code. +(g) It is the intent of the Legislature +that +that, +each fiscal year, funding for the California Classified School Employee Teacher Credentialing Program be allocated to the commission for grants for up to 1,000 new participants per year. A grant to an applicant shall not exceed four thousand dollars ($4,000) per participant per year. Funding for grants to applicants shall be contingent upon an appropriation in the annual Budget Act.","The Wildman-Keeley-Solis Exemplary Teacher Training Act of 1997 establishes the California School Paraprofessional Teacher Training Program for the purpose of recruiting paraprofessionals to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools. The act requires, among other things, that the Commission on Teacher Credentialing, in consultation with certain other educational entities, +to +select, pursuant to specified criteria, 24 or more school districts or county offices of education representing rural, urban, and suburban areas that apply to participate in the program. The act requires a school district or county office of education to require a person participating in the program to commit to fulfilling certain specified obligations relating to obtaining a teaching credential and employment as a teacher in the school district or county office of education. The act requires a school district or county office of education to require a program participant to obtain a certificate of clearance from the commission and provide verification of a specified level of academic achievement prior to participating in the program. The act expresses the intent of the Legislature +that +that, +in each fiscal year, funding for the California School Paraprofessional Teacher Training Program be allocated to the commission for grants to school districts and county offices of education, limits grants to $3,500 per program participant per year, and makes funding for the grants contingent upon an appropriation in the annual Budget Act. +This bill would substantially revise those provisions to instead establish the California Classified School Employee Teacher Credentialing Program for the +purposes +purpose +of recruiting classified school employees to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools. Subject to an appropriation for these purposes in the annual Budget Act, the bill would require the commission to issue a request for proposals to all school districts and county offices of education in the state in order to solicit applications for funding. The bill would require the criteria adopted by the commission for the selection of school districts or county offices of education to participate in the program to include, among other things, the extent to which the applicant’s plan for recruitment attempts to meet the demand of teacher shortages in shortage areas in +kindergarten +transitional kindergarten, kindergarten, +and grades 1 to 12, inclusive. The bill would require an applicant that is selected to participate to provide information about the program to all eligible classified school employees in the school district or county office of education and to provide assistance to each classified school employee it recruits under the program regarding admission to a teacher training program. The bill would also require an applicant to require participants to satisfy specified requirements before participating in the program, including passing a background check, and to certify that it has received a commitment from each participant that he or she will accomplish certain things, including completing all of the requirements for, and obtain, a multiple subject, single subject, or education specialist teaching credential. The bill would require the commission to contract with an independent evaluator with a proven record of experience in assessing teacher training programs to conduct an evaluation to determine the success of the program and would require the evaluation to be conducted once every 5 years, with the first evaluation being completed on or before July 1, 2021. The bill would also require the commission, on or before January 1 of each year, to report to the Legislature regarding the status of the program, as specified. The bill would state the Legislature’s intent +that +that, +each fiscal year, funding for the program be allocated to the commission for grants for up to 1,000 new participants per year and would prohibit a grant to an applicant from exceeding $4,000 per participant per year. The bill would make funding for grants to applicants contingent upon an appropriation in the annual Budget Act.","An act to amend Sections 44391, 44392, and 44393 of, and to repeal and add Section 44390 of, the Education Code, relating to teacher credentialing." +1022,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 52060 of the +Education Code +is amended to read: +52060. +(a)On or before July 1, 2014, the governing board of each school district shall adopt a local control and accountability plan using a template adopted by the state board. +(b)A local control and accountability plan adopted by the governing board of a school district shall be effective for a period of three years, and shall be updated on or before July 1 of each year. +(c)A local control and accountability plan adopted by the governing board of a school district shall include, for the school district and each school within the school district, all of the following: +(1)A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subdivision (d) and for any additional local priorities identified by the governing board of the school district. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in paragraphs (2) and (3) of subdivision (a) of Section 52052. +(2)A description of the specific actions the school district will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including the enumeration of any specific actions necessary for that year to correct any deficiencies in regard to the state priorities listed in paragraph (1) of subdivision (d). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the school district. +(3)(A)An assessment of the water access points at each school in the district, including the number, location, and whether the access points are in good condition. The school district shall also include goals and actions to address any deficiencies uncovered by the assessment. The governing board of the school district shall report progress on addressing the deficiencies in its annual update required pursuant to subdivision (b). +(B)The department shall compile these assessments and transmit them to the State Water Resources Control Board. +(d)All of the following are state priorities: +(1)The degree to which the teachers of the school district are appropriately assigned in accordance with Section 44258.9, and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the school district has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair, as defined in subdivision (d) of Section 17002. +(2)Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4, for purposes of gaining academic content knowledge and English language proficiency. +(3)Parental involvement, including efforts the school district makes to seek parent input in making decisions for the school district and each individual schoolsite, and including how the school district will promote parental participation in programs for unduplicated pupils and individuals with exceptional needs. +(4)Pupil achievement, as measured by all of the following, as applicable: +(A)Statewide assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or any subsequent assessment, as certified by the state board. +(B)The Academic Performance Index, as described in Section 52052. +(C)The percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University, or career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692. +(D)The percentage of English learner pupils who make progress toward English proficiency as measured by the California English Language Development Test or any subsequent assessment of English proficiency, as certified by the state board. +(E)The English learner reclassification rate. +(F)The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher. +(G)The percentage of pupils who participate in, and demonstrate college preparedness pursuant to, the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness. +(5)Pupil engagement, as measured by all of the following, as applicable: +(A)School attendance rates. +(B)Chronic absenteeism rates. +(C)Middle school dropout rates, as described in paragraph (3) of subdivision (a) of Section 52052.1. +(D)High school dropout rates. +(E)High school graduation rates. +(6)School climate, as measured by all of the following, as applicable: +(A)Pupil suspension rates. +(B)Pupil expulsion rates. +(C)Other local measures, including surveys of pupils, parents, and teachers on the sense of safety and school connectedness. +(7)The extent to which pupils have access to, and are enrolled in, a broad course of study that includes all of the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable, including the programs and services developed and provided to unduplicated pupils and individuals with exceptional needs, and the programs and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03. +(8)Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable. +(e)For purposes of the descriptions required by subdivision (c), the governing board of a school district may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subparagraph (J) of paragraph (4) of subdivision (a) of Section 52052 or any other reviews. +(f)To the extent practicable, data reported in a local control and accountability plan shall be reported in a manner consistent with how information is reported on a school accountability report card. +(g)The governing board of a school district shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the school district, parents, and pupils in developing a local control and accountability plan. +(h)A school district may identify local priorities, goals in regard to the local priorities, and the method for measuring the school district’s progress toward achieving those goals. +SEC. 2. +SECTION 1. +Section 116385 of the Health and Safety Code is amended to read: +116385. +(a) A person operating a public water system shall obtain and provide at that person’s expense an analysis of the water to the state board, in the form, covering those matters, and at intervals as the state board by regulation may prescribe. The analysis shall be performed by a laboratory duly certified by the state board. +(b) (1) The person shall include samples from schools, day care facilities, and health care facilities, to the extent that these locations are within the public water system. +(2) This subdivision does not require an increase in the number of samples a person collects. +(c) (1) The person shall report to the state board the date and results of any sampling at a school, day care facility, and health care facility, and where relevant, the contents of any notice issued to the school or day care facility, students, or parents, and any notices to the health care facility, and any followup action taken to mitigate contamination. +(2) The person operating a public water system shall report to the state board, in a format and on a frequency determined by the state board, a list of the public and private schools serving kindergarten or any of grades 1 to 12, inclusive, to which the public water system provides water. The state board may also require a person operating a public water system to identify other facilities that serve populations, such as young children, that may be sensitive to drinking water contamination and to which the public water system provides water. +(3) The state board shall post the information contained in paragraph (1) +and information it receives from the State Department of Education pursuant to subparagraph (B) of paragraph (3) of subdivision (c) of Section 52060 of the Education Code +to its Internet Web site in a manner that is searchable by school and school district. The state board shall also include a link to the public water system’s most recent consumer confidence report. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the California Safe Drinking Water Act, governs drinking water quality and requires the State Water Resources Control Board +(state board) +to ensure that all public water systems are operated in compliance with the act. The act requires a person operating a public water system to obtain and provide an analysis of the water to the state board, as provided. Under the act, a person who knowingly makes a false statement or representation in a report submitted, maintained, or used for purposes of compliance with the act may be subject to a misdemeanor. +This bill would require the person to include in the analysis samples from schools, day care facilities, and health care facilities, to the extent those locations are within the public water system. The bill would require the person to report to the state board other information regarding the samples taken at those sites. The bill would require the state board to post this information on its Internet Web site, as provided. The bill would also require the person to report to the state board the public and private schools to which the public water system provides water. Because a misstatement in these reports could be a crime under the provision described above, this bill would impose a state-mandated local program by expanding the scope of a crime. +Existing law requires the governing board of each school district to adopt a local control and accountability plan as provided and to annually update this plan. Existing law requires the plan to include certain elements. +This bill would require the plan to also include an assessment of the water access points at each school in the school district, including the number, location, and whether the access points are in good condition, among other things. The bill would require the governing board of the school district to report progress on addressing any deficiencies in its annual update to the local control accountability plan. By imposing new duties on the governing board of a school district, the bill would create a state-mandated local program. The bill would require the State Department of Education to share this information with the state board, for the board to post on its Internet Web site. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act +to amend Section 52060 of the Education Code, and +to amend Section 116385 of the Health and Safety Code, relating to water." +1023,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Beauty care workers, including cosmetologists and manicurists, are highly exposed to the potential harm of carcinogens and reproductive toxins in cosmetics. Cosmetologists and manicurists are predominantly women and minorities. +(b) Nail services are increasing in popularity among consumers. The money consumers spent in nail salons increased from $7.3 billion in 2012 to $8.54 billion in 2014. +(c) Chemicals in professional cosmetics can be harmful to salon customers, who increasingly include prepubescent girls and young women. +(d) Endocrine-disrupting chemicals can cause harm at very low levels. Some may enter the body through the skin or cuticle. +(e) Dibutyl phthalate (DBP), included in nail polish to reduce brittleness and cracking, is a reproductive and developmental toxicant that is especially harmful to pregnant women. +(f) Developmental toxicants interfere with proper growth or health of a child, acting at any point from conception to puberty. +(g) Toluene, a solvent found in nail polish, is a developmental and neurological toxicant that causes headaches, dizziness, and nausea, among other symptoms. +(h) Formaldehyde, a chemical that acts as a disinfectant and as a preservative in nail polishes, is a known carcinogen. Exposure to formaldehyde in the short term can irritate the eyes, nose, throat, and skin, and in the long term exposure can cause asthma. +(i) A number of cosmetic product manufacturers, including both small domestic producers and large multinational corporations, have eliminated certain substances that cause cancer or reproductive harm from their products. +(j) Some local governments have already adopted successful Healthy Nail Salon Recognition Programs (HNSR programs), including the City and County of San Francisco, the Counties of Alameda, San Mateo, and Santa Clara, and the City of Santa Monica. +(k) These local HNSR programs support nail salons that use less toxic products and practices that are safer for workers and their customers. +(l) Given the recently enacted successful local HNSR programs, and the availability of safer alternative cosmetic products, it is in the interest of the people of the State of California to ensure that nail salons are given guidelines to operate safely for workers and consumers. +SEC. 2. +Section 25257.2 is added to the Health and Safety Code, to read: +25257.2. +(a) The department shall, by January 1, 2018, publish guidelines for healthy nail salon recognition (HNSR) programs voluntarily implemented by local cities and counties. +(b) The guidelines for an HNSR program adopted pursuant to subdivision (a) may include, but shall not be limited to, all of the following: +(1) A list of specific chemical ingredients that should not be used by a nail salon seeking recognition. In determining whether to include a chemical on the list, the department shall consider: +(A) Whether the chemical is identified as a candidate chemical pursuant to the regulations adopted pursuant to Section 25252. +(B) Whether an existing healthy nail salon program has restricted the use of the chemical. +(C) The potential for exposure of nail salon workers and customers to the chemical. +(D) The availability of existing, safer alternatives to the chemical in products available to nail salons in California. +(2) Specific best practices for minimizing exposure to hazardous chemicals, including: +(A) A list of specific personal protective equipment that should be used by personnel in a salon seeking recognition and guidance on when and how to use it. +(B) Engineering controls that should be adopted by salons seeking recognition, including specific ventilation practices and equipment. +(C) Prohibiting nail polishes that contain dibutyl phthalate, formaldehyde, or toluene. +(D) Prohibiting nail polish thinners that contain methyl ethyl ketone or toluene. +(E) Prohibiting nail polish removers that contain ethyl or butyl acetate. +(3) A list of specific training topics for salon owners and staff, whether on payroll or contract, on safer practices delineated in the HNSR program guidelines. +(4) Criteria for the use of outside products brought in by clients. +(5) Verification that a salon seeking recognition is in compliance with Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code, and all applicable regulations enforced by the State Board of Barbering and Cosmetology. +(6) Any other guidelines or best practices determined by the department to further the goals of an HNSR program. +(c) The guidelines adopted pursuant to subdivision (a) shall include criteria for cities and counties that adopt an HNSR program. These criteria may cover, but are not limited to: +(1) Coordination with other local HNSR programs to assist businesses in achieving and moving beyond regulatory compliance. +(2) Training and certification requirements for the salon owners and staff to ensure thorough knowledge of safe and environmentally friendly procedures. +(3) Issuance of an approved seal or certificate to salons that have met certification requirements. +(4) The process by which a salon can enroll in an HNSR program and be verified by the local entity. +(5) The frequency at which the local entity shall verify continued compliance by a salon that has previously met all specified requirements. +(d) In developing guidelines pursuant to subdivision (a), the department shall consult with the Division of Occupational Safety and Health, the State Department of Public Health, and the State Board of Barbering and Cosmetology. +(e) In collaboration with existing healthy nail salon programs, the department shall promote the HNSR guidelines developed pursuant to subdivision (a) by doing all of the following: +(1) Developing and implementing a consumer education program. +(2) Presenting the HNSR guidelines to local health officers, local environmental health departments, and other local agencies as appropriate. +(3) Developing and either distributing or posting on its Internet Web site information for local entities, including, but not limited to, suggestions for successful implementation of HNSR programs and resource lists that include names and contact information of vendors, consultants, or providers of financial assistance or loans for purchases of ventilation equipment.","Existing law regulates the existence and disclosure of specified chemicals and components in consumer products, including phthalates and bisphenol A. Existing law also provides for the licensing and regulation of nail salons and manicurists by the State Board of Barbering and Cosmetology within the Department of Consumer Affairs. +This bill would require the Department of Toxic Substances Control to publish guidelines for cities, counties, and cities and counties to voluntarily implement local healthy nail salon recognition (HNSR) programs. The bill would allow the guidelines to include, but not be limited to, specified criteria, such as the potential for exposure of nail salon workers and customers to chemicals. The bill would also require the department to develop a consumer education program, present the guidelines to local health officers, local environmental health departments, and other local agencies, and post specified information on its Internet Web site.","An act to add Section 25257.2 to the Health and Safety Code, relating to nail salons." +1024,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1203 of the Penal Code is amended to read: +1203. +(a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. As used in this code, “conditional sentence” means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. It is the intent of the Legislature that both conditional sentence and probation are authorized whenever probation is authorized in any code as a sentencing option for infractions or misdemeanors. +(b) (1) Except as provided in subdivision (j), if a person is convicted of a felony and is eligible for probation, before judgment is pronounced, the court shall immediately refer the matter to a probation officer to investigate and report to the court, at a specified time, upon the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment. +(2) (A) The probation officer shall immediately investigate and make a written report to the court of his or her findings and recommendations, including his or her recommendations as to the granting or denying of probation and the conditions of probation, if granted. +(B) Pursuant to Section 828 of the Welfare and Institutions Code, the probation officer shall include in his or her report any information gathered by a law enforcement agency relating to the taking of the defendant into custody as a minor, which shall be considered for purposes of determining whether adjudications of commissions of crimes as a juvenile warrant a finding that there are circumstances in aggravation pursuant to Section 1170 or to deny probation. +(C) If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation report recommends that registration be ordered at sentencing pursuant to Section 290.006, the probation officer’s report shall include the results of the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable. +(D) The probation officer may also include in the report his or her recommendation of both of the following: +(i) The amount the defendant should be required to pay as a restitution fine pursuant to subdivision (b) of Section 1202.4. +(ii) Whether the court shall require, as a condition of probation, restitution to the victim or to the Restitution Fund and the amount thereof. +(E) The report shall be made available to the court and the prosecuting and defense attorneys at least five days, or upon request of the defendant or prosecuting attorney nine days, prior to the time fixed by the court for the hearing and determination of the report, and shall be filed with the clerk of the court as a record in the case at the time of the hearing. The time within which the report shall be made available and filed may be waived by written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court. +A request for a continuance of the hearing based on a failure to make the report available to the parties within the deadlines specified in this paragraph may be granted by the court only upon a finding of good cause. +(3) At a time fixed by the court, the court shall hear and determine the application, if one has been made, or, in any case, the suitability of probation in the particular case. At the hearing, the court shall consider any report of the probation officer, including the results of the SARATSO, if applicable, and shall make a statement that it has considered the report, which shall be filed with the clerk of the court as a record in the case. If the court determines that there are circumstances in mitigation of the punishment prescribed by law or that the ends of justice would be served by granting probation to the person, it may place the person on probation. If probation is denied, the clerk of the court shall immediately send a copy of the report to the Department of Corrections and Rehabilitation at the prison or other institution to which the person is delivered. +(4) The preparation of the report or the consideration of the report by the court may be waived only by a written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court, except that a waiver shall not be allowed unless the court consents thereto. However, if the defendant is ultimately sentenced and committed to the state prison, a probation report shall be completed pursuant to Section 1203c. +(c) If a defendant is not represented by an attorney, the court shall order the probation officer who makes the probation report to discuss its contents with the defendant. +(d) If a person is convicted of a misdemeanor, the court may either refer the matter to the probation officer for an investigation and a report or summarily pronounce a conditional sentence. If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation officer recommends that the court, at sentencing, order the offender to register as a sex offender pursuant to Section 290.006, the court shall refer the matter to the probation officer for the purpose of obtaining a report on the results of the State-Authorized Risk Assessment Tool for Sex Offenders administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable, which the court shall consider. If the case is not referred to the probation officer, in sentencing the person, the court may consider any information concerning the person that could have been included in a probation report. The court shall inform the person of the information to be considered and permit him or her to answer or controvert the information. For this purpose, upon the request of the person, the court shall grant a continuance before the judgment is pronounced. +(e) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any of the following persons: +(1) Unless the person had a lawful right to carry a deadly weapon, other than a firearm, at the time of the perpetration of the crime or his or her arrest, any person who has been convicted of arson, robbery, carjacking, burglary, burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, kidnapping, escape from the state prison, or a conspiracy to commit one or more of those crimes and who was armed with the weapon at either of those times. +(2) Any person who used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the crime of which he or she has been convicted. +(3) Any person who willfully inflicted great bodily injury or torture in the perpetration of the crime of which he or she has been convicted. +(4) Any person who has been previously convicted twice in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony. +(5) Unless the person has never been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, any person who has been convicted of burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, extortion, kidnapping, escape from the state prison, a violation of Section 286, 288, 288a, or 288.5, or a conspiracy to commit one or more of those crimes. +(6) Any person who has been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, if he or she committed any of the following acts: +(A) Unless the person had a lawful right to carry a deadly weapon at the time of the perpetration of the previous crime or his or her arrest for the previous crime, he or she was armed with a weapon at either of those times. +(B) The person used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the previous crime. +(C) The person willfully inflicted great bodily injury or torture in the perpetration of the previous crime. +(7) Any public official or peace officer of this state or any city, county, or other political subdivision who, in the discharge of the duties of his or her public office or employment, accepted or gave or offered to accept or give any bribe, embezzled public money, or was guilty of extortion. +(8) Any person who knowingly furnishes or gives away phencyclidine. +(9) Any person who intentionally inflicted great bodily injury in the commission of arson under subdivision (a) of Section 451 or who intentionally set fire to, burned, or caused the burning of, an inhabited structure or inhabited property in violation of subdivision (b) of Section 451. +(10) Any person who, in the commission of a felony, inflicts great bodily injury or causes the death of a human being by the discharge of a firearm from or at an occupied motor vehicle proceeding on a public street or highway. +(11) Any person who possesses a short-barreled rifle or a short-barreled shotgun under Section 33215, a machinegun under Section 32625, or a silencer under Section 33410. +(12) Any person who is convicted of violating Section 8101 of the Welfare and Institutions Code. +(13) Any person who is +described in +convicted of violating +subdivision (b) or (c) of Section 27590. +(f) When probation is granted in a case which comes within subdivision (e), the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition. +(g) If a person is not eligible for probation, the judge shall refer the matter to the probation officer for an investigation of the facts relevant to determination of the amount of a restitution fine pursuant to subdivision (b) of Section 1202.4 in all cases where the determination is applicable. The judge, in his or her discretion, may direct the probation officer to investigate all facts relevant to the sentencing of the person. Upon that referral, the probation officer shall immediately investigate the circumstances surrounding the crime and the prior record and history of the person and make a written report to the court of his or her findings. The findings shall include a recommendation of the amount of the restitution fine as provided in subdivision (b) of Section 1202.4. +(h) If a defendant is convicted of a felony and a probation report is prepared pursuant to subdivision (b) or (g), the probation officer may obtain and include in the report a statement of the comments of the victim concerning the offense. The court may direct the probation officer not to obtain a statement if the victim has in fact testified at any of the court proceedings concerning the offense. +(i) A probationer shall not be released to enter another state unless his or her case has been referred to the Administrator of the Interstate Probation and Parole Compacts, pursuant to the Uniform Act for Out-of-State Probationer or Parolee Supervision (Article 3 (commencing with Section 11175) of Chapter 2 of Title 1 of Part 4) and the probationer has reimbursed the county that has jurisdiction over his or her probation case the reasonable costs of processing his or her request for interstate compact supervision. The amount and method of reimbursement shall be in accordance with Section 1203.1b. +(j) In any court where a county financial evaluation officer is available, in addition to referring the matter to the probation officer, the court may order the defendant to appear before the county financial evaluation officer for a financial evaluation of the defendant’s ability to pay restitution, in which case the county financial evaluation officer shall report his or her findings regarding restitution and other court-related costs to the probation officer on the question of the defendant’s ability to pay those costs. +Any order made pursuant to this subdivision may be enforced as a violation of the terms and conditions of probation upon willful failure to pay and at the discretion of the court, may be enforced in the same manner as a judgment in a civil action, if any balance remains unpaid at the end of the defendant’s probationary period. +(k) Probation shall not be granted to, nor shall the execution of, or imposition of sentence be suspended for, any person who is convicted of a violent felony, as defined in subdivision (c) of Section 667.5, or a serious felony, as defined in subdivision (c) of Section 1192.7, and who was on probation for a felony offense at the time of the commission of the new felony offense.","Existing law provides that, if a person is convicted of a felony and is eligible for probation, the court is required to refer the matter to a probation officer to create a probation sentencing report containing specified information that may be considered either in aggravation or mitigation of the punishment before judgment is pronounced. Existing law requires the probation sentencing report to be provided to the court and to the parties at least 5 days, or upon request of the defendant or prosecuting attorney, 9 days, before the sentencing hearing unless the deadline is waived by the parties, as specified. Existing law provides that generally, a person seeking to continue a hearing in a criminal proceeding is required to file and serve a written notice to all parties at least 2 court days before the hearing that is to be continued. +This bill would authorize a court to grant the defendant’s request for continuance when the probation department fails to provide the report by the 5-day or 9-day deadline only if the court finds good cause to grant the continuance.","An act to amend Section 1203 of the Penal Code, relating to probation." +1025,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares both of the following: +(a) Improving occupational health and safety in all lines of work is a priority for the State of California, and that focus should extend to family child care providers. Improving health and safety for family child care providers will also protect the health and safety of the children under their care, because a safer and healthier environment for family child care providers means a safer and healthier environment for children. +(b) Family child care providers are at risk for occupational health and safety hazards on the job, including from toxic chemicals, illness, stress, and physical hazards such as lifting and bending. According to the Bureau of Labor Statistics, child care workers have musculoskeletal injury rates comparable to those of industrial truck and tractor operators and construction equipment operators. Since family child care providers are not covered by workers’ compensation insurance, it is particularly important to them and to the children under their care that they be trained to avoid injury and illness on the job. +SEC. 2. +Section 1596.86 of the Health and Safety Code is amended to read: +1596.86. +(a) The director shall annually publish and make available to interested persons a list or lists covering all licensed child day care facilities, other than small family day care homes, and the services for which each facility has been licensed or issued a special permit. The lists shall also specify the licensed capacity of the facility and whether it is licensed by the department or by another public agency. +(b) To encourage the recruitment of small family day care homes and protect their personal privacy, the department shall prevent the use of lists containing names, +addresses +addresses, +and other identifying information of facilities identified as small family day care homes, except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing the names and addresses to resource and referral agencies funded by the State Department of Education, food and nutrition programs funded by the State Department of Education, alternative payment programs funded by the State Department of Education, county programs under the Greater Avenues for Independence Act of 1985 (Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code), +the entity selected to provide the trainings required pursuant to Section 1596.864, +family day care organizations, or specialized health care service plans licensed under the Knox-Keene Health Care Service Plan Act of 1975, as contained in Chapter 2.5 (commencing with Section 1340), which provide employee assistance program services that include child care referral services. Upon request, parents seeking local day care services may receive the names and telephone numbers of local small family day care providers. +(c) The department, in consultation with the Child Development Division of the State Department of Education, shall adopt regulations relating to the confidentiality of information provided pursuant to subdivision (b) on small family day care homes. These regulations shall include procedures for updating lists or other information on small family day care providers to ensure referral only to licensed homes in good standing with the department. Any person or entity violating the regulations under this subdivision may be denied access by the department to information on small family day care homes and shall be reported by the department to the appropriate funding or licensing department. +SEC. 3. +Section 1596.864 is added to the Health and Safety Code, to read: +1596.864. +(a) For purposes of this section, the following definitions shall apply: +(1) “Family child care provider” or “provider” means either of the following: +(A) A family day care home provider, as described in Section 1596.78, who is licensed pursuant to the requirement in Section 1596.80. +(B) A person who provides child care to children, in his or her own home or in the home of the child receiving care, under a publicly funded child care program and who is exempt from licensing requirements pursuant to Section 1596.792, but excluding family child care providers who are the relatives of the children receiving care. +(2) “Publicly funded child care program” means a program to subsidize early learning and care for children that is administered by the State Department of Education, the State Department of Social Services, or another department, agency, or political subdivision of the state, including, but not limited to, child care voucher programs, contracted child care slots, the California State Preschool Program, and programs established subsequent to the passage of this section, but not including the K-12 public education system. +(b) A family child care provider shall attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession and how to identify and avoid those risks to protect the provider’s own health and safety and the health and safety of the children in his or her care. +(c) The State Department of Social Services may establish a schedule according to which all family child care providers shall be required to complete the training in no less than four years from when the training is first offered pursuant to this section, or within three months of the provider becoming a family child care provider, whichever occurs later. In establishing this schedule, the department shall prioritize the training of licensed family child care providers. +(d) The training sessions required pursuant to subdivision (b) shall include all of the following: +(1) A discussion of all of the following risks and how those risks can be identified and minimized in a child care setting: +(A) Chemical and biological hazards. +(B) Infectious disease. +(C) Physical hazards and stress. +(2) Small and large group discussion. +(3) An opportunity for the provider to learn from current child care professionals. +(4) Upon approval by the department based on a determination that the presentations would be relevant and useful to the providers, presentations by organizations that foster collective engagement by providers around improving the child care system, including the health and safety of providers and children, and about the organizations’ training and other opportunities for providers. +(5) An opportunity for a provider to give feedback on the training he or she has received. +(e) (1) The Department of Industrial Relations shall select an entity to provide the training required in this section based on a competitive process. The Department of Industrial Relations shall select an entity that meets all of the following requirements: +(A) Has experience providing occupational health and safety training, as described in this section, to family child care providers. +(B) Trains family child care providers to give the training required by this section to other providers. +(C) Will provide periodic updates on health and safety matters to providers who have completed the training. +(2) The entity selected to provide the training required by this section shall develop the curriculum for the training sessions with input from family child care providers. The curriculum shall be reviewed and approved by the Division of Occupational Safety and Health within the Department of Industrial Relations. +(3) The State Department of Social Services shall administer the contract with the entity selected to provide the training. +(f) The training required by this section shall be coordinated, to the extent possible, with other preservice training requirements for family child care providers, and with resource and referral networks, so as to reduce the burden on providers. +(g) On a monthly basis, the department shall provide lists of the family child care providers who have attended the training and of those who are required to attend the training, but have not yet attended, and their contact information, to the entity selected to provide the training. The entity shall use that information for the purpose of providing family child care providers with periodic updates on health and safety issues and other educational information. Upon written request of a provider, the department shall remove the provider’s home address and home telephone number from the lists before the lists are released. +(h) The department and the entity selected to provide the training shall comply with the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code), which includes, among alternative communication options, providing the same type of training materials in any non-English language spoken by a substantial number of members of the public whom the department serves. +(i) This section shall become operative on July 1, 2017. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SECTION 1. +It is the intent of the Legislature to codify the rights of child care providers who are paid to provide child care through an alternative payment program to file a complaint with the State Department of Education when a child care provider has reason to believe that the alternative payment program contractor has violated federal or state law or regulation. +SEC. 2. +Section 8221.6 is added to the +Education Code +, to read: +8221.6. +(a)A licensed or license-exempt child care provider who receives payment through the alternative payment program may file a complaint, alleging that an alternative payment program has not complied with federal or state law or regulation, pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. +(b)For purposes of this section, alternative payment programs are operated by contractors reimbursed under the following contract types: +(1)The California Alternative Payment Program. +(2)The CalWORKs Stage 2 Program. +(3)The CalWORKs Stage 3 Program. +(4)The Migrant Alternative Payment Program. +(c)The operation of this section is contingent upon the enactment of an appropriation for this purpose in the annual Budget Act or another statute.","Existing law requires the State Department of Social Services to license and regulate family day care home providers and to regulate other nonlicensed persons who provide in-home child care. Violation of these provisions is a crime. +This bill, as of July 1, 2017, would require a family child care provider, as defined, to attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession and how to identify and avoid those risks to protect the provider’s own health and safety and the health and safety of the children in his or her care. The bill would require the Department of Industrial Relations to select an entity to provide the training required, based on a competitive process, and would require the State Department of Social Services to administer the contract with that entity. By creating a new crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +Existing law, the Child Care and Development Services Act, requires the State Department of Education to contract with local contracting agencies for alternative payment programs that are intended to allow for maximum parental choice in child care. +This bill would provide that a licensed or license-exempt child care provider who receives payment through a designated alternative payment program may file a complaint, alleging that the alternative payment program has not complied with federal or state law or regulation, pursuant to the Uniform Complaint Procedures in the California Code of Regulations, as specified.","An act to +add Section 8221.6 to the Education Code, +amend Section 1596.86 of, and to add Section 1596.864 to, the Health and Safety Code, +relating to child +care and development. +care." +1026,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17550.20 of the Business and Professions Code is amended to read: +17550.20. +(a) Not less than 10 days prior to doing business in this state, a seller of travel shall apply for registration with the office of the Attorney General by filing with the Consumer Law Section the information required by Section 17550.21 and a filing fee of one hundred dollars ($100) for each location from which the seller of travel conducts business. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the time specified by this section until the filing fee and the information required by Section 17550.21 are received. No registration shall be issued or approved until the late fee, and the filing and late fees for each year the seller of travel operated without being registered, have been paid. A seller of travel shall be deemed to do business in this state if the seller of travel solicits business from locations in this state regardless of the geographic location of the prospective purchaser including persons located outside of this state or the country or solicits prospective purchasers who are located in this state. +(b) Registration shall be valid for one year from the effective date thereof shown on the registration issued by the office of the Attorney General and may be annually renewed by making the filing required by Section 17550.21 and paying a filing fee of one hundred dollars ($100) for each location from which the seller of travel conducts business. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the time specified by this section until the filing fee and the information required by Section 17550.21 are received. No registration shall be renewed until the late fee, and the filing and late fees for each year the seller of travel operated without being registered, have been paid. +(c) Whenever, prior to expiration of a seller of travel’s annual registration, there is a material change in the information required by Section 17550.21, the seller of travel shall, within 10 days, file an addendum updating the information with the Consumer Law Section of the office of the Attorney General. +(d) (1) Not less than 10 days prior to the transfer or sale of any interest in a seller of travel, the selling or transferring owner shall file with the office of the Attorney General, Seller of Travel Program, a notice of encumbrance, sale, or transfer of ownership, using a form provided for that purpose by the office of the Attorney General. The notice shall provide the information required pursuant to subdivision (d) of Section 17550.21 as to each transferee. +(2) Until the time the notice of encumbrance, sale, or transfer of ownership required in paragraph (1) is filed as required, the selling, encumbering, or transferring owner is responsible for all acts of and obligations imposed by law on the transferee sellers of travel to the same extent as they would have been responsible had there been no transfer, sale, or encumbrance. +(e) The office of the Attorney General shall suspend the registration of any seller of travel who (1) fails to make any payment required pursuant to Article 2.7 (commencing with Section 17550.35) or (2) submits a check in payment of a registration fee or late fee required by this section that is not honored by the institution on which it is drawn. The Attorney General shall provide written notice to the seller of travel by first-class mail at the seller of travel’s place of business set forth in the registration statement that the seller of travel’s registration has been suspended until all fees that are due have been paid. The registration of the seller of travel shall be suspended until all such payments due have been collected. +(f) The Attorney General may, at his or her discretion and subject to supervision by the Attorney General or his or her delegate, contract out all or any part of the processing of registrations required by this section. +(g) This section does not apply to an individual, natural person who meets all of the following conditions: +(1) Has a written contract with a registered seller of travel to act on that registered seller of travel’s behalf in offering or selling air or sea transportation and other travel goods or services in connection with the transportation. +(2) Acts only on behalf of a registered seller of travel with whom the person has a written contract in the offer or sale to a passenger of air or sea transportation and other goods or services in connection with the transportation and sells no other air or sea transportation or travel services to that passenger. +(3) Provides air or sea transportation or travel services that are offered or sold pursuant to the official agency appointment of the registered seller of travel with whom the person has a written contract. +(4) Does not receive any consideration for air or sea transportation or other travel services from the passenger. +(5) Requires the passenger to pay all consideration for air or sea transportation or other travel services directly to the air carrier or ocean carrier or to the registered seller of travel. +(6) Discloses both of the following: +(A) The person is acting on behalf of a registered seller of travel. +(B) The name, address, telephone number, and registration number of the registered seller of travel on whose behalf the person is acting. +The person shall make the disclosures required by this paragraph in writing to the passenger at the same time the passenger receives notice under Section 17550.13. If the person transacts business in this state on the Internet, the disclosures also shall appear on the home page of the person’s Web site and shall be prominently set forth in the first electronic mail message sent to the passenger that refers to the passenger’s purchase of air or sea transportation or travel services. +(h) Whenever the Attorney General determines that a registration application is accurate and complete, the application shall be processed and a registration certificate shall be issued to the seller of travel within 21 days. +SEC. 1.5. +Section 17550.20 of the Business and Professions Code is amended to read: +17550.20. +(a) (1) Not less than 10 days prior to doing business in this state, a seller of travel shall apply for registration with the office of the Attorney General by filing with the Consumer Law Section the information required by Section 17550.21 and paying the following fees, as applicable: +(A) A filing fee of one hundred dollars ($100) for each location from which the seller of travel conducts business. +(B) A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), for each day after the time specified by this section until the filing fee and the information required by Section 17550.21 are received. +(2) A seller of travel may annually renew its registration by making the filing required by Section 17550.21 and paying the filing fees and late fees required by paragraph (1). +(3) A registration shall not be issued, approved, or renewed until the late fee, the filing and late fees for each year the seller of travel operated without being registered, and any outstanding assessments due to the Travel Consumer Restitution Corporation as required by Sections 17550.43 and 17550.44 have been paid. +(4) A seller of travel shall be deemed to do business in this state if the seller of travel solicits business from locations in this state regardless of the geographic location of the prospective purchaser including persons located outside of this state or the country or solicits prospective purchasers who are located in this state. +(b) Registration shall be valid for one year from the effective date thereof shown on the registration issued by the office of the Attorney General. +(c) Whenever, prior to expiration of a seller of travel’s annual registration, there is a material change in the information required by Section 17550.21, the seller of travel shall, within 10 days, file an addendum updating the information with the Consumer Law Section of the office of the Attorney General. +(d) (1) Not less than 10 days prior to the transfer or sale of any interest in a seller of travel, the selling or transferring owner shall file with the office of the Attorney General, Seller of Travel Program, a notice of encumbrance, sale, or transfer of ownership, using a form provided for that purpose by the office of the Attorney General. The notice shall provide the information required pursuant to subdivision (d) of Section 17550.21 as to each transferee. +(2) Until the time the notice of encumbrance, sale, or transfer of ownership required in paragraph (1) is filed as required, the selling, encumbering, or transferring owner is responsible for all acts of and obligations imposed by law on the transferee sellers of travel to the same extent as they would have been responsible had there been no transfer, sale, or encumbrance. +(e) (1) The office of the Attorney General shall suspend the registration of a seller of travel who does any of the following: +(A) Fails to make any payment required pursuant to Article 2.7 (commencing with Section 17550.35). +(B) Submits a check in payment of a registration fee or late fee required by this section that is not honored by the institution on which it is drawn. +(C) Fails to provide the file number assigned by the Secretary of State or the Franchise Tax Board to the seller of travel, as required by subdivision (m) of Section 17550.21. +(2) The Attorney General shall provide written notice to the seller of travel by first-class mail at the seller of travel’s place of business set forth in the registration statement that the seller of travel’s registration has been suspended until all fees that are due have been paid. The registration of the seller of travel shall be suspended until all such payments due have been collected. +(f) The Attorney General may, at his or her discretion and subject to supervision by the Attorney General or his or her delegate, contract out all or any part of the processing of registrations required by this section. +(g) This section does not apply to a person who is an individual, a single-member limited liability company whose sole member is an individual, or a single-shareholder “S” corporation whose sole shareholder is an individual, that meets all of the following: +(1) Has a written contract with a registered seller of travel to act on that registered seller of travel’s behalf in offering or selling air or sea transportation and other travel goods or services in connection with the transportation. +(2) Acts only on behalf of a registered seller of travel with whom the person has a written contract in the offer or sale to a passenger of air or sea transportation and other goods or services in connection with the transportation and sells no other air or sea transportation or travel services to that passenger. +(3) Provides air or sea transportation or travel services that are offered or sold pursuant to the official agency appointment of the registered seller of travel with whom the person has a written contract. +(4) Does not receive any consideration for air or sea transportation or other travel services from the passenger. +(5) Requires the passenger to pay all consideration for air or sea transportation or other travel services directly to the air carrier or ocean carrier or to the registered seller of travel. +(6) Discloses both of the following: +(A) The person is acting on behalf of a registered seller of travel. +(B) The name, address, telephone number, and registration number of the registered seller of travel on whose behalf the person is acting. +The person shall make the disclosures required by this paragraph in writing to the passenger at the same time the passenger receives notice under Section 17550.13. If the person transacts business in this state on the Internet, the disclosures also shall appear on the home page of the person’s Internet Web site and shall be prominently set forth in the first electronic mail message sent to the passenger that refers to the passenger’s purchase of air or sea transportation or travel services. +(h) Whenever the Attorney General determines that a registration application is accurate and complete, the application shall be processed and a registration certificate shall be issued to the seller of travel within 21 days. +SEC. 2. +Section 1.5 of this bill incorporates amendments to Section 17550.20 of the Business and Professions Code proposed by both this bill and Assembly Bill 2106. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 17550.20 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 2106, in which case Section 1 of this bill shall not become operative.","Existing law regulates sellers of travel, as defined, and requires their registration with the Attorney General. Under existing law, a seller of travel is deemed to do business in this state if the seller of travel solicits business from locations in this state or solicits prospective purchasers who are located in this state. +This bill would clarify that a seller of travel is deemed to do business in this state if the seller of travel solicits business from locations in this state regardless of the geographic location of the prospective purchaser including persons located outside of this state or the country. +This bill would incorporate additional changes to Section 17550.20 of the Business and Professions Code proposed by AB 2106 that would become operative if this bill and AB 2106 are enacted and this bill is enacted last.","An act to amend Section 17550.20 of the Business and Professions Code, relating to business." +1027,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 27296 of the Government Code is amended to read: +27296. +(a) The county recorder in each county shall complete a yearly statistical report of documents, including electronically transmitted documents, recorded and filed on the form described in subdivision (b). The report shall be submitted to the office of the Insurance Commissioner. Documents shall be counted and reported in the same manner without regard to method of transmission. The county recorder may either charge for copies of this report or may disburse the report without fee for public information. Certified and noncertified copies of any records issued by the county recorder shall not be included in this report. +(b) The standard statistical report form shall be substantially as follows: +Documents Recorded and Filed +Year +Deeds ........................ +Deeds of Trust and Mortgages ........................ +Reconveyances ........................ +Trustee’s Deeds ........................ +Total number of documents recorded and filed ........................ +SEC. 2. +Section 27390 of the Government Code is amended to read: +27390. +(a) This article shall be known and may be cited as the Electronic Recording Delivery Act of 2004. +(b) For the purposes of this article, the following definitions shall apply: +(1) “Authorized submitter” means a party that has entered into a contract with a county recorder pursuant to Section 27391 and is not disqualified pursuant to Section 27395. +(2) “Computer security auditor” means computer security personnel hired to perform an independent audit of the electronic recording delivery system. The computer security auditor shall be independent of the county recorder and the authorized submitter and shall not be the same contractor hired to establish or participate in a county’s electronic recording delivery system or in the authorized submitter’s portion of that system. +(3) “Digital electronic record” means a record containing information that is created, generated, sent, communicated, received, or stored by electronic means, but not created in original paper form. +(4) “Digitized electronic record” means a scanned image of the original paper document. +(5) “Electronic recording delivery system” means a system to deliver for recording, and to return to the party requesting recording, digitized or digital electronic records. +(6) “Security testing” means an independent security audit by a computer security auditor, including, but not limited to, attempts to penetrate an electronic recording delivery system for the purpose of testing the security of that system. +(7) “Source code” means a program or set of programs, readable and maintainable by humans, translated or interpreted into a form that the electronic recording delivery system can execute. +(8) “System certification” means the issuance of a confirmation letter regarding a county’s electronic recording delivery system by the Attorney General. +SEC. 3. +Section 27391 of the Government Code is amended to read: +27391. +(a) Upon approval by resolution of the board of supervisors and system certification by the Attorney General, a county recorder may establish an electronic recording delivery system. +(b) Upon system certification, a county recorder may enter into a contract with a title insurer as defined in Section 12340.4 of the Insurance Code, underwritten title company as defined in Section 12340.5 of the Insurance Code, institutional lender as defined in paragraph (1), (2), or (4) of subdivision (j) of Section 50003 of the Financial Code, or an entity of local, state, or federal government for the delivery for recording, and return to the party requesting recording, of a digital or digitized electronic record that is an instrument to be recorded consistent with subdivision (a) of Section 27201. The contract may provide for the delivery of documents by an agent. However, the agent shall not be a vendor of electronic recording delivery systems. +(c) (1) A county recorder may enter into a contract with an authorized submitter not authorized pursuant to subdivision (b) for the delivery for recording, and return to the party requesting recording, of a digital or digitized electronic record that is an instrument to be recorded consistent with subdivision (a) of Section 27201. The contract may provide for the delivery of documents by an agent. However, the agent shall not be a vendor of electronic recording delivery systems. +(2) An authorized submitter authorized pursuant to this subdivision and any agent submitting documents on behalf of an authorized submitter pursuant to this subdivision shall provide proof of financial responsibility by providing a certificate of insurance evidencing an amount of general liability coverage reasonably adequate to protect against liability and cover potential losses. The amount of general liability coverage required by this paragraph shall be set through rule or regulation by the Attorney General in consultation with interested parties. +(d) A county recorder may refuse to enter into a contract with any party or may terminate or suspend access to a system for any good faith reason, including, but not limited to, a determination by the county recorder that termination or suspension is necessary to protect the public interest, to protect the integrity of public records, or to protect homeowners from financial harm, or if the volume or quality of instruments submitted by the requester is not sufficient to warrant electronic recordation. A county recorder may also terminate or suspend access to a system if a party commits a substantive breach of the contract, the requirements of this article, or the regulations adopted pursuant to this article. +(e) Notwithstanding Section 27321, a county recorder may require a party electronically submitting records to mail a copy of the recorded electronic document to the address specified in the instructions for mailing upon completion of recording. +(f) When a signature is required to be accompanied by a notary’s seal or stamp, that requirement is satisfied if the electronic signature of the notary contains all of the following: +(1) The name of the notary. +(2) The words “Notary Public.” +(3) The name of the county where the bond and oath of office of the notary are filed. +(4) The sequential identification number assigned to the notary, if any. +(5) The sequential identification number assigned to the manufacturer or vendor of the notary’s physical or electronic seal, if any. +(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. +SEC. 4. +Section 27391 is added to the Government Code, to read: +27391. +(a) Upon approval by resolution of the board of supervisors and system certification by the Attorney General, a county recorder may establish an electronic recording delivery system. +(b) Upon system certification, a county recorder may enter into a contract with a title insurer as defined in Section 12340.4 of the Insurance Code, underwritten title company as defined in Section 12340.5 of the Insurance Code, institutional lender as defined in paragraph (1), (2), or (4) of subdivision (j) of Section 50003 of the Financial Code, or an entity of local, state, or federal government for the delivery for recording, and return to the party requesting recording, of a digitized electronic record that is an instrument affecting a right, title, or interest in real property. The contract may provide for the delivery of documents by an agent. However, the agent shall not be a vendor of electronic recording delivery systems. +(c) A county recorder may refuse to enter into a contract with any party or may terminate or suspend access to a system for any good faith reason, including, but not limited to, a determination by the county recorder that termination or suspension is necessary to protect the public interest, to protect the integrity of public records, or to protect homeowners from financial harm, or if the volume or quality of instruments submitted by the requester is not sufficient to warrant electronic recordation. A county recorder may also terminate or suspend access to a system if a party commits a substantive breach of the contract, the requirements of this article, or the regulations adopted pursuant to this article. +(d) Notwithstanding Section 27321, a county recorder may require a party electronically submitting records to mail a copy of the recorded electronic document to the address specified in the instructions for mailing upon completion of recording. +(e) When a signature is required to be accompanied by a notary’s seal or stamp, that requirement is satisfied if the electronic signature of the notary contains all of the following: +(1) The name of the notary. +(2) The words “Notary Public.” +(3) The name of the county where the bond and oath of office of the notary are filed. +(4) The sequential identification number assigned to the notary, if any. +(5) The sequential identification number assigned to the manufacturer or vendor of the notary’s physical or electronic seal, if any. +(f) This section shall become operative on January 1, 2027. +SEC. 5. +Section 27393 of the Government Code is amended to read: +27393. +(a) The Attorney General shall, in consultation with interested parties, adopt regulations for the review, approval, and oversight of electronic recording delivery systems. Regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). The regulations shall comply with Section 12168.7. +(b) The regulations adopted pursuant to subdivision (a) may include, but need not be limited to, all of the following: +(1) Establishment of baseline technological and procedural specifications for electronic recording delivery systems. +(2) Requirements for security, capacity, reliability, and uniformity. +(3) Requirements as to the nature and frequency of computer security audits. +(4) A statement of a detailed and uniform definition of the term “source code” consistent with paragraph (7) of subdivision (b) of Section 27390, and as used in this article, and applicable to each county’s electronic recording delivery system. +(5) Requirements for placement of a copy of the operating system, source code, compilers, and all related software associated with each county’s electronic recording delivery system in an approved escrow facility prior to that system’s first use. +(6) Requirements to ensure that substantive modifications to an operating system, compilers, related software, or source code are approved by the Attorney General. +(7) Procedures for initial certification of vendors offering software and other services to counties for electronic recording delivery systems. +(8) Requirements for system certification and for oversight of approved systems. +(9) Requirements for general liability coverage required by subdivision (c) of Section 27391. +(10) Requirements for fingerprinting and criminal records checks required by Section 27395, including a list of employment positions or classifications subject to criminal records checks under subdivision (f) of that section. +(11) Requirements for uniform index information that shall be included in every digitized or digital electronic record. +(12) Requirements for protecting proprietary information accessed pursuant to subdivision (e) of Section 27394 from public disclosure. +(13) Requirements for certification under Section 27397.5. +(c) The Attorney General may promulgate any other regulations necessary to fulfill his or her obligations under this article. +(d) An electronic recording delivery system shall be subject to local inspection and review by the Attorney General. The Attorney General shall furnish a statement of any relevant findings associated with a local inspection of an electronic recording delivery system, to the county recorder and the district attorney of the affected county, and to all technology vendors associated with that system. +(e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. +SEC. 6. +Section 27393 is added to the Government Code, to read: +27393. +(a) The Attorney General shall, in consultation with interested parties, adopt regulations for the review, approval, and oversight of electronic recording delivery systems. Regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). The regulations shall comply with Section 12168.7. +(b) The regulations adopted pursuant to subdivision (a) may include, but need not be limited to, all of the following: +(1) Establishment of baseline technological and procedural specifications for electronic recording delivery systems. +(2) Requirements for security, capacity, reliability, and uniformity. +(3) Requirements as to the nature and frequency of computer security audits. +(4) A statement of a detailed and uniform definition of the term “source code” consistent with paragraph (7) of subdivision (b) of Section 27390, and as used in this article, and applicable to each county’s electronic recording delivery system. +(5) Requirements for placement of a copy of the operating system, source code, compilers, and all related software associated with each county’s electronic recording delivery system in an approved escrow facility prior to that system’s first use. +(6) Requirements to ensure that substantive modifications to an operating system, compilers, related software, or source code are approved by the Attorney General. +(7) Procedures for initial certification of vendors offering software and other services to counties for electronic recording delivery systems. +(8) Requirements for system certification and for oversight of approved systems. +(9) Requirements for fingerprinting and criminal records checks required by Section 27395, including a list of employment positions or classifications subject to criminal records checks under subdivision (f) of that section. +(10) Requirements for uniform index information that shall be included in every digitized or digital electronic record. +(11) Requirements for protecting proprietary information accessed pursuant to subdivision (e) of Section 27394 from public disclosure. +(12) Requirements for certification under Section 27397.5. +(c) The Attorney General may promulgate any other regulations necessary to fulfill his or her obligations under this article. +(d) An electronic recording delivery system shall be subject to local inspection and review by the Attorney General. The Attorney General shall furnish a statement of any relevant findings associated with a local inspection of an electronic recording delivery system, to the county recorder and the district attorney of the affected county, and to all technology vendors associated with that system. +(e) This section shall become operative on January 1, 2027.","Existing law requires the county recorder in each county to complete a yearly statistical report on a specified form of documents recorded and filed. +This bill would require the report to also include information regarding electronically submitted documents, and would require documents to be counted and reported in the same manner without regard to method of transmission. +The Electronic Recording Delivery Act of 2004 authorizes a county recorder, upon approval by resolution of the board of supervisors and system certification by the Attorney General, to establish an electronic recording delivery system for the delivery for recording of specified digitized electronic records, subject to specified conditions. The act authorizes a county recorder to enter into a contract with specified entities for the delivery for recording, and return to the party requesting recording, a digitized electronic record that is an instrument affecting a right, title, or interest in real property. +This bill, until January 1, 2027, would authorize a county recorder to also enter into a contract with an authorized submitter for the delivery for recording, and return to the party requesting recording, of a digital or digitized electronic record that is an instrument to be recorded consistent with a specified provision. The bill, until January 1, 2027, would require an authorized submitter, as specified, and any agent submitting documents on behalf of an authorized submitter, to provide proof of financial responsibility in the form of general liability coverage, as provided. +Existing law requires the Attorney General, in consultation with interested parties, to adopt regulations for the review, approval, and oversight of electronic recording delivery systems. Existing law authorizes the regulations to include specified requirements and procedures. +This bill, until January 1, 2027, would additionally authorize the regulations to include requirements for general liability coverage as described above.","An act to amend Sections 27296 and 27390 of, and to amend, repeal, and add Sections 27391 and 27393 of, the Government Code, relating to electronic recording." +1028,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4073.5 of the Business and Professions Code is amended to read: +4073.5. +(a) A pharmacist filling a prescription order for a prescribed biological product may select an alternative biological product only if all of the following apply: +(1) The alternative biological product is interchangeable. +(2) The prescriber does not personally indicate “Do not substitute,” or words of similar meaning, in the manner provided in subdivision (e). +(b) Within five days following the dispensing of a biological product, a dispensing pharmacist or the pharmacists’ designee shall make an entry of the specific biological product provided to the patient, including the name of the biological product and the manufacturer. The communication shall be conveyed by making an entry that can be electronically accessed by the prescriber through one or more of the following electronic records systems: +(1) An interoperable electronic medical records system. +(2) An electronic prescribing technology. +(3) A pharmacy benefit management system. +(4) A pharmacy record. +(c) Entry into an electronic records system as described in subdivision (b) is presumed to provide notice to the prescriber. +(d) If the pharmacy does not have access to one or more of the entry systems in subdivision (b), the pharmacist or the pharmacist’s designee shall communicate the name of the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means, except that communication shall not be required in this instance to the prescriber when either of the following apply: +(1) There is no interchangeable biological product approved by the federal Food and Drug Administration for the product prescribed. +(2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription. +(e) A selection shall not be made pursuant to this section if the prescriber personally indicates, either orally or in his or her own handwriting, “Do not substitute,” or words of similar meaning. +(1) This subdivision shall not prohibit a prescriber from checking a box on a prescription marked “Do not substitute,” provided that the prescriber personally initials the box or checkmark. +(2) To indicate that a selection shall not be made pursuant to this section for an electronic data transmission prescription, as defined in subdivision (c) of Section 4040, a prescriber may indicate “Do not substitute,” or words of similar meaning, in the prescription as transmitted by electronic data, or may check a box marked on the prescription “Do not substitute.” In either instance, it shall not be required that the prohibition on substitution be manually initialed by the prescriber. +(f) Selection pursuant to this section is within the discretion of the pharmacist, except as provided in subdivision (e). A pharmacist who selects an alternative biological product to be dispensed pursuant to this section shall assume the same responsibility for substituting the biological product as would be incurred in filling a prescription for a biological product prescribed by name. There shall be no liability on the prescriber for an act or omission by a pharmacist in selecting, preparing, or dispensing a biological product pursuant to this section. The pharmacist shall not select a biological product that meets the requirements of subdivision (a) unless the cost to the patient of the biological product selected is the same or less than the cost of the prescribed biological product. “Cost,” as used in this subdivision, includes any professional fee that may be charged by the pharmacist. +(g) This section shall apply to all prescriptions, including those presented by or on behalf of persons receiving assistance from the federal government or pursuant to the Medi-Cal Act set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. +(h) When a selection is made pursuant to this section, the substitution of a biological product shall be communicated to the patient. +(i) The board shall maintain on its public Internet Web site a link to the current list, if available, of biological products determined by the federal Food and Drug Administration to be interchangeable. +(j) For purposes of this section, the following terms shall have the following meanings: +(1) “Biological product” has the same meaning that applies to that term under Section 351 of the federal Public Health Service Act (42 U.S.C. Sec. 262(i)). +(2) “Interchangeable” means a biological product that the federal Food and Drug Administration has determined meets the standards set forth in Section 262(k)(4) of Title 42 of the United States Code, or has been deemed therapeutically equivalent by the federal Food and Drug Administration as set forth in the latest addition or supplement of the Approved Drug Products with Therapeutic Equivalence Evaluations. +(3) “Prescription,” with respect to a biological product, means a prescription for a product that is subject to Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 353(b)). +(k) This section shall not prohibit the administration of immunizations, as permitted in Sections 4052 and 4052.8. +(l) This section shall not prohibit a disability insurer or health care service plan from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any biological product. +SEC. 2. +Section 4074 of the Business and Professions Code is amended to read: +4074. +(a) A pharmacist shall inform a patient orally or in writing of the harmful effects of a drug dispensed by prescription if both of the following apply: +(1) The drug poses substantial risk to the person consuming the drug when taken in combination with alcohol or the drug may impair a person’s ability to drive a motor vehicle, whichever is applicable. +(2) The drug is determined by the board pursuant to subdivision (c) to be a drug or drug type for which this warning shall be given. +(b) In addition to the requirement described in subdivision (a), on and after July 1, 2014, if a pharmacist exercising his or her professional judgment determines that a drug may impair a person’s ability to operate a vehicle or vessel, the pharmacist shall include a written label on the drug container indicating that the drug may impair a person’s ability to operate a vehicle or vessel. The label required by this subdivision may be printed on an auxiliary label that is affixed to the prescription container. +(c) The board, by regulation, may require additional information or labeling. +(d) This section shall not apply to a drug furnished to a patient in conjunction with treatment or emergency services provided in a health facility or, except as provided in subdivision (e), to a drug furnished to a patient pursuant to subdivision (a) of Section 4056. +(e) A health facility shall establish and implement a written policy to ensure that each patient shall receive information regarding each drug given at the time of discharge and each drug given pursuant to subdivision (a) of Section 4056. This information shall include the use and storage of each drug, the precautions and relevant warnings, and the importance of compliance with directions. +The health facility shall require each patient to acknowledge in writing that the patient has received this information. +This information shall be given by a pharmacist or registered nurse, unless already provided by a patient’s prescriber, and the written policy shall be developed in collaboration with a physician, a pharmacist, and a registered nurse. The written policy shall be approved by the medical staff. Nothing in this subdivision or any other law shall be construed to require that only a pharmacist provide this consultation. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. +That law establishes requirements for the substitution of an alternative biological product when a pharmacist is filling a prescription order for a prescribed biological product. That law requires a pharmacist to inform the patient orally or in writing of harmful effects of a drug dispensed by prescription, if the drug poses substantial risk to the person consuming the drug when taken in combination with alcohol, or if the drug may impair a person’s ability to drive a motor vehicle, whichever is applicable, and the board requires by regulation that warning is to be given. +A knowing violation of the Pharmacy Law is a crime. +The Pharmacy Law requires a health facility to establish and implement a written policy to ensure that each patient receives information regarding drugs given to the patient at the time of discharge or under certain other circumstances, including the use and storage of each drug, the precautions and relevant warnings, and the importance of compliance with directions. +This bill would revise that patient information provision to require that a health facility require each patient to acknowledge in writing that the patient has received this information. Because a violation of this requirement would be a crime under certain circumstances, the bill would impose a state-mandated local program. +The Pharmacy Law establishes requirements for the substitution of an alternative biological product when a pharmacist is filling a prescription order for a prescribed biological product. +This bill would make nonsubstantive changes to +those +that +substitution +and warning provisions. +provision. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 4073.5 and 4074 of the Business and Professions Code, relating to pharmacy." +1029,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 22659.7 is added to the Vehicle Code, to read: +22659.7. +Notwithstanding any other law, a motor vehicle is a public nuisance subject to seizure by a local law enforcement agency and an impoundment period of up to 30 days when the motor vehicle is used in the commission or attempted commission of a violation of subdivision (b) of Section 647 of the Penal Code by a person buying or attempting to buy sexual services if the owner or operator of the vehicle has had a prior conviction for the same offense within the past three years. The vehicle may only be impounded pursuant to a valid arrest by a local law enforcement agency of the driver for a violation of subdivision (b) of Section 647 of the Penal Code for buying or attempting to buy sexual services. The following procedures shall apply: +(a) Within two working days after impoundment, the impounding agency shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the department, informing the owner that the vehicle has been impounded. The notice shall also include notice of the opportunity for a poststorage hearing to determine the validity of the storage or to determine mitigating circumstances establishing that the vehicle should be released. The impounding agency shall be prohibited from charging for more than five days’ storage if the agency fails to notify the legal owner within two working days after the impoundment when the legal owner redeems the impounded vehicle. The impounding agency shall maintain a published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of a legal owner and a registered owner to request a hearing. The notice shall include all of the following information: +(1) The name, address, and telephone number of the agency providing the notice. +(2) The location of the place of storage and description of the vehicle that shall include, if available, the model or make, the manufacturer, the license plate number, and the mileage. +(3) The authority and purpose for the removal of the vehicle. +(4) A statement that, in order to receive a poststorage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone within 10 calendar days of the date appearing on the notice. +(b) The poststorage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency may authorize one of its own officers or employees to conduct the hearing if that hearing officer is not the same person who directed the seizure of the vehicle or who arrested the defendant. +(c) Failure of the legal and the registered owners, or their agents, to request or to attend a scheduled hearing shall satisfy the poststorage hearing requirement. +(d) The agency employing the person who directed the storage of the vehicle shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established. +(e) Any period during which a vehicle is subjected to storage pursuant to this section shall be included as part of the period of impoundment. +(f) The impounding agency shall release the vehicle to the registered owner or his or her agent prior to the end of the impoundment period under any of the following circumstances: +(1) The driver of the impounded vehicle was arrested without probable cause. +(2) The vehicle is a stolen vehicle. +(3) The vehicle is subject to bailment and was driven by an unlicensed driver employed by a business establishment, including a parking service or repair garage. +(4) The driver of the vehicle is not the sole registered owner of the vehicle and the vehicle is being released to another registered owner of the vehicle who agrees not to allow the driver to use the vehicle until after the end of the impoundment period. +(5) The registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation or was unaware that the driver was using the vehicle to engage in activities subject to subdivision (b) of Section 647 of the Penal Code. +(6) A spouse, registered domestic partner, or other affected third party objects to the impoundment of the vehicle on the grounds that impounding the vehicle would create a hardship because the subject vehicle is the sole vehicle in a household. The hearing officer shall release the vehicle where the hardship to a spouse, registered domestic partner, or other affected third party created by the impoundment of the subject vehicle, or the length of the impoundment, outweigh the seriousness and the severity of the act in which the vehicle was used. +(g) Notwithstanding any other law, if a motor vehicle is released prior to the conclusion of the impoundment period because the driver was arrested without probable cause, neither the arrested person nor the registered owner of the motor vehicle shall be responsible for the towing and storage charges. +(h) Except as provided in subdivision (g), the registered owner or his or her agent shall be responsible for all towing and storage charges related to the impoundment. +(i) A vehicle removed and seized pursuant to this section shall be released to the legal owner of the vehicle or the legal owner’s agent prior to the end of the impoundment period if both of the following conditions are met: +(1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person who is not the registered owner and holds a security interest in the vehicle. +(2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the seizure and impoundment of the vehicle. +(j) (1) No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of the impoundment period. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner, as described in paragraph (1) of subdivision (i), or the legal owner’s agent, any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing. +(2) A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card, debit card, or cash for payment of towing, storage, and related fees by a legal or registered owner or the owner’s agent claiming the vehicle. A credit card or debit card shall be in the name of the person presenting the card. For purposes of this section, “credit card” is as defined in subdivision (a) of Section 1747.02 of the Civil Code. A credit card does not include a credit card issued by a retail seller. +(3) A person operating or in charge of a storage facility described in paragraph (2) who violates paragraph (2) shall be civilly liable to the owner of the vehicle or the person who tendered the fees for four times the amount of the towing, storage, and related fees, not to exceed five hundred dollars ($500). +(4) A person operating or in charge of the storage facility described in paragraph (2) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change for, a reasonable monetary transaction. +(5) Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates. +(6) A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owner’s agent to retrieve the vehicle if all conditions required of the legal owner or legal owner’s agent under this subdivision are satisfied. +(k) (1)   The legal owner or the legal owner’s agent shall present to the law enforcement agency, impounding agency, person in possession of the vehicle, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code, a release from the one responsible governmental agency, only if required by the agency, a government-issued photographic identification card, and any one of the following as determined by the legal owner or the legal owner’s agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether or not paperless or electronic, showing proof of legal ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies or may be transmitted electronically. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person acting on behalf of those agencies that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code. +(2) Administrative costs authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal owner of the type specified in paragraph (1) of subdivision (i) who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. A city, county, city and county, or state agency shall not require a legal owner or a legal owner’s agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The legal owner or the legal owner’s agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold log book. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owner’s agent. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owner’s agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending those claims. +(l) A legal owner, who meets the requirements for release of a vehicle pursuant to subdivision (i), or the legal owner’s agent, shall not be required to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent. +(m) (1)   A legal owner, who meets the requirements for release of a vehicle pursuant to subdivision (i), or the legal owner’s agent, shall not release the vehicle to the registered owner of the vehicle or an agent of the registered owner, unless the registered owner is a rental car agency, until after the termination of the impoundment period. +(2) Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the seizure and impoundment. +(n) (1)   A vehicle removed and seized pursuant to this section shall be released to a rental car agency prior to the end of the impoundment period if the agency is either the legal owner or registered owner of the vehicle and the agency pays all towing and storage fees related to the seizure and impoundment of the vehicle. +(2) The owner of a rental vehicle that was seized pursuant to this section may continue to rent the vehicle upon recovery of the vehicle. +(3) The rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the seizure and impoundment.","Existing law authorizes a city, county, or city and county to adopt an ordinance declaring a motor vehicle to be a nuisance subject to an impoundment period of up to 30 days when the motor vehicle is involved in the commission of any one or more of specified crimes related to prostitution or illegal dumping of commercial quantities of waste matter upon a public or private highway or road if the owner or operator of the vehicle has had a prior conviction for the same offense within the past 3 years. Existing law requires the ordinance to include specified provisions related to notice, the payment of towing, storage, and administrative fees, the provision of a poststorage hearing, and the release of the impounded vehicle. +This bill would also provide that a vehicle used in the commission of a crime related to prostitution by a person buying or attempting to buy sexual services is a nuisance subject to an impoundment period of up to 30 days. The bill would impose the same procedures for impoundment, storage, and release of the vehicle as are provided under the ordinance-authorizing provisions described above, without the requirement that an ordinance be passed in order to authorize local authorities to make use of the impounding authority.","An act to add Section 22659.7 to the Vehicle Code, relating to vehicles." +1030,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature that the state fully cooperate with the Federal Aviation Administration regarding the appropriate division of responsibility for the regulation of unmanned aircraft systems between the federal and state governments so that the state may reserve and fully exercise any and all appropriate authority pursuant to federal laws as they exist in their current form and as they may be further amended hereafter. +SEC. 2. +Section 1746 is added to the Fish and Game Code, to read: +1746. +(a) It shall be unlawful for any person to operate an unmanned aircraft system in, or fly an unmanned aircraft system over, the department’s managed lands or waters, except as authorized by the department, or unless otherwise exempted from this section. +(b) The prohibition in subdivision (a) does not apply to the operation of an unmanned aircraft system by a state agency within or over department-managed lands or waters, or to any person whom the Federal Aviation Administration, whether by permit, license, rule, or regulation, authorizes to operate an unmanned aircraft system for a commercial purpose and that is operated in a manner that complies with that authorization and the applicable regulations of the commission. +(c) The prohibition in subdivision (a) does not apply to legitimate news-gathering activity by a person described in Section 1070 of the Evidence Code. +(d) The commission may draft regulations consistent with this section and the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). In drafting the regulations, the commission shall maintain the authority to limit or revoke approved requests for the use of an unmanned aircraft system due to changing natural conditions or land management requirements. +(e) In reviewing a request to authorize the use of an unmanned aircraft system the department may, and in drafting the regulations authorized pursuant to subdivision (d), the commission may, consider any of the following: +(1) Protection of wildlife and visitors from harassment or disturbance. +(2) Harm to sensitive species, including those listed as threatened or endangered or that have other protected status. +(3) Disruption to wildlife at times of the year when incidents may have adverse effects, including, but not limited to, nesting, breeding, gestation, and migration seasons. +(4) The natural, cultural, and historic value of the department-managed lands. +(5) The purpose of the department-managed lands. +(6) Operation of an unmanned aircraft system in a careless or reckless manner, including an operator’s failure to adhere to visual line-of-sight practices. +(7) De minimis access by adjacent landowners for bona fide agricultural purposes. +(8) The appropriate use of unmanned aircraft systems for conservation and scientific research purposes. +(9) Authorization for pursuit and take for depredation purposes pursuant to Sections 3003.5 and 4181. +(10) Other special purposes as approved by the department. +(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. +SEC. 3. +Section 2001.5 is added to the Fish and Game Code, to read: +2001.5. +It shall be unlawful to use an unmanned aircraft system to take, or assist in the take of, fish or wildlife for sport purposes, including, but not limited to, the use of unmanned aircraft systems for scouting purposes. +SEC. 4. +Section 3003.5 of the Fish and Game Code is amended to read: +3003.5. +It is unlawful to pursue, drive, or herd any bird or mammal with any motorized water, land, or air vehicle, including, but not limited to, a motor vehicle, airplane, unmanned aircraft system, powerboat, or snowmobile, except in any of the following circumstances: +(a) On private property by the landowner or tenant thereof to haze birds or mammals for the purpose of preventing damage by that wildlife to private property. +(b) Pursuant to a permit from the department issued under regulations as the commission may prescribe. With respect to unmanned aircraft systems, this subdivision shall include a lawful depredation permit issued by the department, notice to the department of the intended use of an unmanned aircraft system, approval from the department, and notice to the landowner. +(c) In the pursuit of agriculture. +SEC. 5. +Article 4 (commencing with Section 5085) is added to Chapter 1.2 of Division 5 of the Public Resources Code, to read: +Article 4. Unmanned Aircraft Systems +5085. +(a) It shall be unlawful for any person to operate an unmanned aircraft system in, or fly an unmanned aircraft system over, Department of Parks and Recreation managed lands or waters, except as authorized by the department, or unless otherwise exempted from this article. +(b) The prohibition in subdivision (a) does not apply to the operation of an unmanned aircraft system by a state agency within or over department-managed lands or waters, or to any person whom the Federal Aviation Administration, whether by permit, license, rule, or regulation, authorizes to operate an unmanned aircraft system for a commercial purpose and that is operated in a manner that complies with that authorization and the applicable regulations of the department. +(c) The prohibition in subdivision (a) does not apply to legitimate news-gathering activity by a person described in Section 1070 of the Evidence Code. +(d) The department may draft regulations consistent with this section and the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). In drafting the regulations, the department shall maintain the authority to limit or revoke approved requests for the use of an unmanned aircraft system due to changing natural conditions or land management requirements. +(e) In reviewing a request to use an unmanned aircraft system or in drafting the regulations authorized pursuant to subdivision (d), the department may consider any of the following: +(1) Protection of wildlife and visitors from harassment or disturbance. +(2) Harm to sensitive species, including those listed as threatened or endangered or that have other protected status. +(3) Disruption to wildlife at times of the year when incidents may have adverse effects, including, but not limited to, nesting, breeding, gestation, and migration seasons. +(4) The natural, cultural, and historic value of the department-managed lands. +(5) The purpose of the department-managed lands. +(6) Operation of an unmanned aircraft system in a careless or reckless manner, including an operator’s failure to adhere to visual line-of-sight practices. +(7) De minimis access by adjacent landowners for bona fide agricultural purposes. +(8) The appropriate use of unmanned aircraft systems for conservation and scientific research purposes. +(9) Other special purposes as approved by the department. +(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. +SEC. 6. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil and public unmanned aircraft systems, commonly known as drones, into the national airspace system. Existing law establishes both the Department of Fish and Wildlife and the Department of Parks and Recreation in the Natural Resources Agency. A violation of any rule or regulation made or adopted by the Department of Fish and Wildlife pursuant to the Fish and Game Code is a misdemeanor. A violation of the rules and regulations established by the Department of Parks and Recreation to protect the state park system is punishable as either a misdemeanor or an infraction. +This bill would make it unlawful for any person to operate an unmanned aircraft system in, or fly an unmanned aircraft system over, lands or waters managed by the Department of Fish and Wildlife and Department of Parks and Recreation, except as authorized or unless exempted from this prohibition. The bill would authorize the consideration of certain factors when reviewing a request for authorization for the use of an unmanned aircraft system. +The bill would also make it unlawful to use an unmanned aircraft system to take, or assist in the take of, fish or wildlife for sport purposes, including, but not limited to, the use of unmanned aircraft systems for scouting purposes. The bill would provide that an unmanned aircraft system is a motorized air vehicle within the meaning of a certain existing prohibition and, thus, under that prohibition may not be used to pursue, drive, or herd any bird or mammal, except as specified, including, among other things, specified permits and notices. +Because violations of the provisions of the bill would be crimes, the bill would impose a state-mandated local program. +The bill would provide that certain of its provisions are severable and do not apply to the operation of an unmanned aircraft system by a state agency within or over these managed lands or waters, or to any person whom the Federal Aviation Administration authorizes to operate an unmanned aircraft system for a commercial purpose and who operates it in a manner that complies with that authorization. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 3003.5 of, and to add Sections 1746 and 2001.5 to, the Fish and Game Code, and to add Article 4 (commencing with Section 5085) to Chapter 1.2 of Division 5 of the Public Resources Code, relating to unmanned aircraft systems." +1031,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11450 of the Welfare and Institutions Code is amended to read: +11450. +(a) (1) (A) Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the family’s income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f): +Number of +eligible needy +persons in +the same home +Maximum +aid +1 ........................ +$  326 +2 ........................ +535 +3 ........................ +663 +4 ........................ +788 +5 ........................ +899 +6 ........................ +1,010 +7 ........................ +1,109 +8 ........................ +1,209 +9 ........................ +1,306 +10 or more ........................ +1,403 +(B) If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453. +(2) The sums specified in paragraph (1) shall not be adjusted for cost of living for the 1990–91, 1991–92, 1992–93, 1993–94, 1994–95, 1995–96, 1996–97, and 1997–98 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of former Section 11453.05, and no further reduction shall be made pursuant to that section. +(b) (1) When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the child and her child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision. +(2) Notwithstanding paragraph (1), when the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant woman for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the woman and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision. +(3) Paragraph (1) shall apply only when the Cal-Learn Program is operative. +(c) The amount of forty-seven dollars ($47) per month shall be paid to pregnant women qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the woman and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants, and Children program. If that payment to pregnant women qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the woman and child, if born, would have qualified for aid under this chapter. +(d) For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, when added to the child’s income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations. +(e) (1) In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, food preparation needs and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance. +(2) Each recipient is entitled to a special, diet-related food needs allowance of twenty dollars ($20) per month, or actual verified expenses related to the special, diet-related food needs, whichever is greater. The allowance shall be provided in the form of a supplemental food benefit upon a county’s receipt of verification that a recipient has a special dietary need caused by a permanent or temporary medical condition, other than pregnancy. This verification shall be signed by a licensed physician, dentist, +dietician, nutritionist, or +physician’s assistant, or nurse practitioner who has examined the patient, or +other qualified health +practitioner. +care provider to whom the recipient has been referred. For verifications signed by a health care provider as a result of a referral, the verification also shall include the name and address of the referring provider. +(f) After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for nonrecurring special needs. +(1) An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special needs items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event. +(2) (A) Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section. +(B) A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided. +(3) (A) (i) A nonrecurring special needs benefit of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family. +(ii) This special needs benefit shall be granted or denied immediately upon the family’s application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the family’s homelessness within the first three working days and, if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period. +(iii) After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing which shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits. +(B) (i) A nonrecurring special needs benefit for permanent housing assistance is available to pay for last month’s rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction. +(ii) The last month’s rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall only be made to families that have found permanent housing costing no more than 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size. +(iii) However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii). +(C) The nonrecurring special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities which are necessary for the health and safety of the family. +(D) A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter. +(E) (i) Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to one period of up to 16 consecutive calendar days of temporary assistance and one payment of permanent assistance. Any family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. Any person who applies for homeless assistance benefits shall be informed that the temporary shelter benefit of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit. +(ii) A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance. +(iii) A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or, the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 consecutive calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request. +(iv) If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate. +(v) If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation. +(vi) The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph. +(F) The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence. +(G) Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments. +(H) The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current year’s Budget Act by specifying a different daily allowance and appropriating the funds therefor. +(I) No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties. +(g) The department shall establish rules and regulations ensuring the uniform statewide application of this section. +(h) The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently. +(i) +(A) +(1) +Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a). +(B) +(2) +The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section. +(j) For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the child’s income, is equal to the rate specified in Sections 11364 and 11387. +(k) (1) A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013. +(2) Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county. +(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section. +SEC. 2. +No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients, including an allowance +of $10 for each eligible recipient +for recurring special needs, +as specified. +which includes special diets, upon the recommendation of a physician for conditions other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. +This bill would +include food preparation needs within the recurring special needs for which a recipient may receive the $10 monthly allowance. The bill would also +require that an additional allowance be paid each month in the amount of $20 or actual expenses, whichever is greater, to a recipient who has a special, diet-related food need caused by a permanent or temporary medical condition, other than pregnancy. +The bill would require the verification to be signed by a licensed physician, dentist, dietician, nutritionist, or other qualified health practitioner. +The bill would require verification of the recipient’s medical condition by a health care provider, as specified. +By increasing the administrative duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program. +Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. +This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 11450 of the Welfare and Institutions Code, relating to CalWORKs." +1032,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 13109 of the Elections Code is amended to read: +13109. +The order of precedence of offices on the ballot shall be as listed below for those offices and measures that apply to the election for which the ballot is provided. Beginning in the column to the left: +(a) Under the heading, PRESIDENT AND VICE PRESIDENT: +Nominees of the qualified political parties and independent nominees for President and Vice President. +(b) Under the heading, PRESIDENT OF THE UNITED STATES: +(1) Names of the presidential candidates to whom the delegates are pledged. +(2) Names of the chairpersons of unpledged delegations. +(c) Under the heading, STATE: +(1) Governor. +(2) Lieutenant Governor. +(3) Secretary of State. +(4) Controller. +(5) Treasurer. +(6) Attorney General. +(7) Insurance Commissioner. +(8) Member, State Board of Equalization. +(d) Under the heading, UNITED STATES SENATOR: +Candidates or nominees to the United States Senate. +(e) Under the heading, UNITED STATES REPRESENTATIVE: +Candidates or nominees to the House of Representatives of the United States. +(f) Under the heading, STATE SENATOR: +Candidates or nominees to the State Senate. +(g) Under the heading, MEMBER OF THE STATE ASSEMBLY: +Candidates or nominees to the Assembly. +(h) Under the heading, COUNTY COMMITTEE: +Members of the County Central Committee. +(i) Under the heading, JUDICIAL: +(1) Chief Justice of California. +(2) Associate Justice of the Supreme Court. +(3) Presiding Justice, Court of Appeal. +(4) Associate Justice, Court of Appeal. +(5) Judge of the Superior Court. +(6) Marshal. +(j) Under the heading, SCHOOL: +(1) Superintendent of Public Instruction. +(2) County Superintendent of Schools. +(3) County Board of Education Members. +(4) College District Governing Board Members. +(5) Unified +School +District Governing Board Members. +(6) High School District Governing Board Members. +(7) Elementary +School +District Governing Board Members. +(k) Under the heading, COUNTY: +(1) County Supervisor. +(2) Other offices in alphabetical order by the title of the office. +(l) Under the heading, CITY: +(1) Mayor. +(2) Member, City Council. +(3) Other offices in alphabetical order by the title of the office. +(m) Under the heading, DISTRICT: +Directors or trustees for each district in alphabetical order according to the name of the district. +(n) Under the heading, MEASURES SUBMITTED TO THE VOTERS and the appropriate heading from subdivisions (a) through (m), above, ballot measures in the order, state through district shown above, and within each jurisdiction, in the order prescribed by the official certifying +them +the ballot measures +for the ballot. +(o) (1) In order to allow for the most efficient use of space on the ballot in counties that use a voting system, as defined in Section 362, the county elections official may vary the order of subdivisions +(j), (k), (l), (m), and (n) +(j) to (n), inclusive, +as well as the order of offices within these subdivisions. However, the office of Superintendent of Public Instruction shall always precede any school, county, or city office, and state measures shall always precede local measures. +(2) Notwithstanding paragraph (1), for the November 8, 2016, statewide general election only, a county board of supervisors may direct the county elections official to place a local measure related to +a +local transportation +tax +finance +above state measures. +(p) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. +SEC. 2. +Section 13109 is added to the Elections Code, to read: +13109. +The order of precedence of offices on the ballot shall be as listed below for those offices and measures that apply to the election for which the ballot is provided. Beginning in the column to the left: +(a) Under the heading, PRESIDENT AND VICE PRESIDENT: +Nominees of the qualified political parties and independent nominees for President and Vice President. +(b) Under the heading, PRESIDENT OF THE UNITED STATES: +(1) Names of the presidential candidates to whom the delegates are pledged. +(2) Names of the chairpersons of unpledged delegations. +(c) Under the heading, STATE: +(1) Governor. +(2) Lieutenant Governor. +(3) Secretary of State. +(4) Controller. +(5) Treasurer. +(6) Attorney General. +(7) Insurance Commissioner. +(8) Member, State Board of Equalization. +(d) Under the heading, UNITED STATES SENATOR: +Candidates or nominees to the United States Senate. +(e) Under the heading, UNITED STATES REPRESENTATIVE: +Candidates or nominees to the House of Representatives of the United States. +(f) Under the heading, STATE SENATOR: +Candidates or nominees to the State Senate. +(g) Under the heading, MEMBER OF THE STATE ASSEMBLY: +Candidates or nominees to the Assembly. +(h) Under the heading, COUNTY COMMITTEE: +Members of the County Central Committee. +(i) Under the heading, JUDICIAL: +(1) Chief Justice of California. +(2) Associate Justice of the Supreme Court. +(3) Presiding Justice, Court of Appeal. +(4) Associate Justice, Court of Appeal. +(5) Judge of the Superior Court. +(6) Marshal. +(j) Under the heading, SCHOOL: +(1) Superintendent of Public Instruction. +(2) County Superintendent of Schools. +(3) County Board of Education Members. +(4) College District Governing Board Members. +(5) Unified +School +District Governing Board Members. +(6) High School District Governing Board Members. +(7) Elementary +School +District Governing Board Members. +(k) Under the heading, COUNTY: +(1) County Supervisor. +(2) Other offices in alphabetical order by the title of the office. +(l) Under the heading, CITY: +(1) Mayor. +(2) Member, City Council. +(3) Other offices in alphabetical order by the title of the office. +(m) Under the heading, DISTRICT: +Directors or trustees for each district in alphabetical order according to the name of the district. +(n) Under the heading, MEASURES SUBMITTED TO THE VOTERS and the appropriate heading from subdivisions (a) through (m), above, ballot measures in the order, state through district shown above, and within each jurisdiction, in the order prescribed by the official certifying +them +the ballot measures +for the ballot. +(o) In order to allow for the most efficient use of space on the ballot in counties that use a voting system, as defined in Section 362, the county elections official may vary the order of subdivisions +(j), (k), (l), (m), and (n) +(j) to (n), inclusive, +as well as the order of offices within these subdivisions. However, the office of Superintendent of Public Instruction shall always precede any school, county, or city office, and state measures shall always precede local measures. +(p) This section shall become operative on January 1, 2017. +SEC. 3. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order for county boards of supervisors and county elections officials to have sufficient time to implement the provisions of this bill +prior to +before +the November 8, 2016, statewide general election, it is necessary that this act take effect immediately.","Existing law requires all voting to be by ballot and requires each polling place to provide, at each election at which public officers are to be voted for, but one form of ballot for all candidates for public office, except for partisan primary elections, as specified. Existing law specifies the order of precedence of offices on the ballot and authorizes a county elections official to vary the order for certain offices and measures submitted to the voters, in order to allow for the most efficient use of space on the ballot in counties that use a voting system, as defined. Existing law requires state measures to always precede local measures. +This bill, for the November 8, 2016, statewide general election only, would authorize a county board of supervisors to direct the county elections official to place a local measure related to +a +local transportation +tax +finance +above state measures. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend, repeal, and add Section 13109 of the Elections Code, relating to elections, and declaring the urgency thereof, to take effect immediately." +1033,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 6.3 (commencing with Section 1625) is added to Division 2 of the Fish and Game Code, to read: +CHAPTER 6.3. Oak Woodlands Protection Act +1625. +This chapter shall be known, and may be cited, as the Oak Woodlands Protection Act. +1626. +The Legislature hereby finds and declares all of the following: +(a) The conservation of oak woodlands enhances the natural scenic beauty for residents and visitors, increases real property values, promotes ecological balance, provides sustainable habitat for over 300 wildlife species and 2,000 plant species, reduces soil erosion, sustains healthy watersheds and water quality, moderates temperature extremes and climate change, and aids with nutrient cycling, all of which affect and improve the health, safety, and general welfare of the residents of the State of California. +(b) Widespread changes in land use patterns across the landscape and habitat loss due to the pathogen Phytophthora ramorum, commonly known as Sudden Oak Death, and infestations of the Goldspotted Oak Borer parasite, are fragmenting oak woodlands’ wildland character over extensive areas of the state. The combination of human impact and other impacts will cumulatively fragment oak ecosystem continuity unless appropriate conservation steps are taken immediately. +(c) The future viability of hundreds of California’s wildlife species are dependent on the maintenance of biologically functional and contiguous oak woodland ecosystems at local and bioregional scales. +(d) A program to encourage and make possible the long-term conservation of oak woodlands is a necessary part of the state’s wildlands protection policies. It is hereby declared to be the policy of the state to conserve oak woodlands and maintain oak ecosystem health. +1627. +It is the intent of the Legislature that this chapter be construed in light of the following primary objectives: +(a) To conserve oak woodland ecological attributes remaining in California and to provide habitat for wildlife species that are associated with that habitat. +(b) To provide maximum conservation of the oak woodlands ecosystem. +(c) To ensure that land use decisions affecting oak woodlands and dependent wildlife are based on the best available scientific information and habitat mitigation measures. +(d) To restore and perpetuate the state’s most biologically diverse natural resource for future generations of Californians. +1628. +For purposes of this chapter, the following terms have the following meanings: +(a) “Canopy cover” means the area, measured as a percentage of total ground area, directly under the live branches of an oak tree. +(b) “Oak removal” means causing an oak tree to die or be removed as a result of human activity by any means including, but not limited to, cutting, dislodging, poisoning, burning, pruning, topping, or damaging of roots. +(c) “Oak removal permit” means a discretionary permit approving an application to remove, from an oak woodland during any calendar year, oak trees, as specified in Section 1629. +(d) “Oak removal plan” means an oak woodlands biological impacts evaluation and site-specific management plan. +(e) “Oak tree” means any tree in the genus Quercus that is not growing on timberland. +(f) “Oak woodland” means a land with a greater than ten percent oak canopy cover, or that can be demonstrated to have historically supported greater than ten percent oak canopy cover, and that meets either of the following: +(1) A nontimberland area on a parcel of five or more acres containing oak trees. +(2) A nontimberland area on a parcel of at least one or more acres containing valley oak trees. +(g) “Parcel” means a single assessor’s parcel of land as shown on maps produced by the county assessor. +(h) “Riparian hardwood” means native broadleaved evergreen and deciduous trees that produce flowers and grow within 50 feet, measured horizontally, of any watercourse, lake, or reservoir. +(i) “Timberland” has the same meaning as defined in Section 4526 of the Public Resources Code. +(j) “Watercourse” means any well-defined channel with distinguishable bed and bank showing evidence of having contained flowing water indicated by deposit of rock, sand, gravel, or soil, including, but not limited to, a “stream” as defined in Section 4528 of the Public Resources Code. +1629. +(a) (1) Unless an oak removal plan and oak removal permit application for oak removal has been submitted to and approved by the director, a person shall not remove from an oak woodland during a calendar year either of the following: +(A) A valley oak tree greater or equal to 10 inches in diameter at breast height. +(B) For oak trees other than valley oak trees, 10 or more oak trees greater than or equal to 10 inches in diameter at breast height. +(2) The director’s authority to approve an oak removal plan and oak removal permit application pursuant to this subdivision may be delegated by the director to regional managers in the department. +(b) An oak removal plan and oak removal permit application shall be prepared and signed by a registered professional forester. +(c) Applications for oak removal permits shall be on a form prescribed by the director. +(d) By June 30, 2016, the commission shall adopt regulations to implement this chapter, including regulations establishing an application fee for the cost of processing an application for an oak removal permit. The fee charged shall be established in an amount necessary to pay the total costs incurred by the department in administering and enforcing this chapter. The regulations shall ensure that the canopy cover and mapping information contained in all oak removal plans submitted as part of an oak removal permit application is incorporated into a vegetation classification and mapping program maintained by the department. +(e) The fee established pursuant to this section shall be deposited into the Oak Woodlands Protection Act Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund are continuously appropriated to the department for the purposes described in subdivision (d). +1630. +An oak removal plan, in a form prescribed by the commission, shall become part of the application for an oak removal permit. The oak removal plan shall set forth, but not be limited to, the following information: +(a) Present and future parcel use. +(b) Existing and proposed parcel canopy cover percentages. +(c) A parcel map indicating the location of all proposed oak removal. +(d) Diameter at breast height and type of oak species to be removed. +(e) Number of acres on which oak removal will occur. +(f) Habitat mitigation measures. +(g) Information required pursuant to Section 21160 of the Public Resources Code. +1631. +(a) The director’s decision to approve an oak removal permit pursuant to this chapter is a discretionary project approval subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). +(b) The director or commission may apply to the Secretary of the Natural Resources Agency to certify this program pursuant to Section 21080.5 of the Public Resources Code. +1632. +(a) The director shall not approve an oak removal permit if any of the following exist: +(1) The application and oak removal plan do not comply with this chapter or the regulations adopted by the commission to implement this chapter. +(2) The director cannot make the findings specified in Section 21081 of the Public Resources Code. +(3) Oak tree removal contemplated in the permit would remove more than 10 percent of the oak canopy cover that existed on January 1, 2015. +(4) Oak or riparian hardwood trees would be removed within 50 feet of any watercourse, lake, or reservoir. +(5) There is evidence that the information contained in the application or oak removal plan is, in a material way, either incorrect, incomplete, or misleading, or is insufficient to evaluate the plan’s environmental effects. +(6) The applicant does not have a legal or equitable interest in the property subject to the application. +(7) Implementation of the oak removal plan as proposed would cause a violation of any applicable law. +(b) Paragraphs (3) and (4) of subdivision (a) do not apply to the removal of dead trees or the removal of oak trees to create legally required fire breaks, fuel breaks, and rights-of-way. +1633. +(a) The applicant may appeal the director’s denial of an oak removal permit to the commission by filing a notice of appeal with the department within 15 days after notice of the denial. The commission shall hear the appeal within 60 days after the appeal is filed unless a later hearing date is mutually agreed upon by the applicant and the commission. +(b) An applicant whose application for an oak removal permit has been denied is entitled to a hearing before the commission conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The commission shall hear and decide appeals de novo. +1634. +(a) A person may maintain an action for declaratory and equitable relief to restrain any violation of this chapter. On a prima facie showing of a violation of this chapter, preliminary equitable relief shall be issued to restrain any further violation of this chapter. +(b) Oak removal permits approved pursuant to this chapter are construction projects as that term is used in Section 529.1 of the Code of Civil Procedure. In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding either of the following: +(1) That irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued. +(2) The remedy at law is inadequate. +1635. +The permittee shall cause an approved oak removal permit to be recorded in each county in which the property is located before beginning any operations contemplated under the permit. +1636. +(a) A person who violates this chapter is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation. +(b) The civil penalty imposed for each violation pursuant to this section is separate from, and in addition to, any other civil penalty imposed for a violation pursuant to this section or any other provision of law. +(c) In determining the amount of any civil penalty imposed pursuant to this section, the court shall take into consideration the nature, circumstance, extent, and gravity of the violation. In making this determination, the court may consider whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, any voluntary mitigation efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require. +(d) Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of California and any actions relating to the same violation may be joined or consolidated. +(e) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as described in Section 13003 and shall be apportioned in the following manner: +(1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100. +(2) Fifty percent shall be distributed to the Wildlife Conservation Board for deposit in the Oak Woodlands Conservation Fund created by Section 1363. These funds may be expended to cover the costs of any legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution. +SEC. 2. +Section 21083.4 of the Public Resources Code is repealed. +21083.4. +(a)For purposes of this section, “oak” means a native tree species in the genus Quercus, not designated as Group A or Group B commercial species pursuant to regulations adopted by the State Board of Forestry and Fire Protection pursuant to Section 4526, and that is 5 inches or more in diameter at breast height. +(b)As part of the determination made pursuant to Section 21080.1, a county shall determine whether a project within its jurisdiction may result in a conversion of oak woodlands that will have a significant effect on the environment. If a county determines that there may be a significant effect to oak woodlands, the county shall require one or more of the following oak woodlands mitigation alternatives to mitigate the significant effect of the conversion of oak woodlands: +(1)Conserve oak woodlands, through the use of conservation easements. +(2)(A)Plant an appropriate number of trees, including maintaining plantings and replacing dead or diseased trees. +(B)The requirement to maintain trees pursuant to this paragraph terminates seven years after the trees are planted. +(C)Mitigation pursuant to this paragraph shall not fulfill more than one-half of the mitigation requirement for the project. +(D)The requirements imposed pursuant to this paragraph also may be used to restore former oak woodlands. +(3)Contribute funds to the Oak Woodlands Conservation Fund, as established under subdivision (a) of Section 1363 of the Fish and Game Code, for the purpose of purchasing oak woodlands conservation easements, as specified under paragraph (1) of subdivision (d) of that section and the guidelines and criteria of the Wildlife Conservation Board. A project applicant that contributes funds under this paragraph shall not receive a grant from the Oak Woodlands Conservation Fund as part of the mitigation for the project. +(4)Other mitigation measures developed by the county. +(c)Notwithstanding subdivision (d) of Section 1363 of the Fish and Game Code, a county may use a grant awarded pursuant to the Oak Woodlands Conservation Act (Article 3.5 (commencing with Section 1360) of Chapter 4 of Division 2 of the Fish and Game Code) to prepare an oak conservation element for a general plan, an oak protection ordinance, or an oak woodlands management plan, or amendments thereto, that meets the requirements of this section. +(d)The following are exempt from this section: +(1)Projects undertaken pursuant to an approved Natural Community Conservation Plan or approved subarea plan within an approved Natural Community Conservation Plan that includes oaks as a covered species or that conserves oak habitat through natural community conservation preserve designation and implementation and mitigation measures that are consistent with this section. +(2)Affordable housing projects for lower income households, as defined pursuant to Section 50079.5 of the Health and Safety Code, that are located within an urbanized area, or within a sphere of influence as defined pursuant to Section 56076 of the Government Code. +(3)Conversion of oak woodlands on agricultural land that includes land that is used to produce or process plant and animal products for commercial purposes. +(4)Projects undertaken pursuant to Section 21080.5 of the Public Resources Code. +(e)(1)A lead agency that adopts, and a project that incorporates, one or more of the measures specified in this section to mitigate the significant effects to oaks and oak woodlands shall be deemed to be in compliance with this division only as it applies to effects on oaks and oak woodlands. +(2)The Legislature does not intend this section to modify requirements of this division, other than with regard to effects on oaks and oak woodlands. +(f)This section does not preclude the application of Section 21081 to a project. +(g)This section, and the regulations adopted pursuant to this section, shall not be construed as a limitation on the power of a public agency to comply with this division or any other provision of law. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Z’berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations unless a timber harvesting plan prepared by a registered professional forester has been submitted to the Department of Forestry and Fire Protection. The Oak Woodlands Conservation Act provides funding for the conservation and protection of California’s oak woodlands. Any violation of the Fish and Game Code is a crime. +This bill would enact the Oak Woodlands Protection Act, which would prohibit a person from removing from an oak woodland, as defined, specified oak trees, unless an oak removal plan and oak removal permit application for the oak tree removal has been submitted to and approved by the Director of Fish and Wildlife. +By June, 30, 2016, the bill would require the Fish and Game Commission to adopt regulations to implement the act, including regulations establishing an oak removal permit application fee. The bill would require the fee to be deposited into the Oak Woodlands Protection Act Fund, as created by the bill. Moneys in the fund would be continuously appropriated to the department for purposes of paying the total costs incurred by the department in administering and enforcing the act, thereby making an appropriation. +The bill would provide that any person who violates the act is subject to a civil penalty of not more than $25,000 for each violation. The bill would require all civil penalties collected to be apportioned in a specified manner, including 50% to be distributed to the Wildlife Conservation Board for deposit into the Oak Woodlands Conservation Fund. +Existing law requires a county to determine whether a project may result in a conversion of oak woodlands that will have a significant effect on the environment, and if it does, existing law requires the county to require one or more specified oak woodlands mitigation alternatives to mitigate the significant effect. +This bill would delete this law. +To the extent this bill would provide for additional criminal prosecutions for violations of the Fish and Game Code, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Chapter 6.3 (commencing with Section 1625) to Division 2 of the Fish and Game Code, and to repeal Section 21083.4 of the Public Resources Code, relating to forestry, and making an appropriation therefor." +1034,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 32000 of the Penal Code is amended to read: +32000. +(a) A person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends an unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year. +(b) This section shall not apply to any of the following: +(1) The manufacture in this state, or importation into this state, of a prototype handgun when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the Department of Justice pursuant to Section 32010 to conduct an independent test to determine whether that handgun is prohibited by Sections 31900 to 32110, inclusive, and, if not, allowing the department to add the firearm to the roster of handguns that may be sold in this state pursuant to Section 32015. +(2) The importation or lending of a handgun by employees or authorized agents of entities determining whether the weapon is prohibited by this section. +(3) Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations. +(4) The sale or purchase of a handgun, if the handgun is sold to, or purchased by, the Department of Justice, a police department, a sheriff’s official, a marshal’s office, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, any district attorney’s office, any federal law enforcement agency, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. This section does not prohibit the sale to, or purchase by, sworn members of these agencies of a handgun. +(5) The sale, purchase, or delivery of a handgun, if the sale, purchase, or delivery of the handgun is made pursuant to subdivision (d) of Section 10334 of the Public Contract Code. +(6) Subject to the limitations set forth in subdivision (c), the sale or purchase of a handgun, if the handgun is sold to, or purchased by, any of the following entities or sworn members of these entities who have satisfactorily completed the firearms portion of a training course prescribed by the Commission on Peace Officer Standards and Training pursuant to Section 832: +(A) The Department of Parks and Recreation. +(B) The Department of Alcoholic Beverage Control. +(C) The Division of Investigation of the Department of Consumer Affairs. +(D) The Department of Motor Vehicles. +(E) The Fraud Division of the Department of Insurance. +(F) The State Department of State Hospitals. +(G) The Department of Fish and Wildlife. +(H) The State Department of Developmental Services. +(I) The Department of Forestry and Fire Protection. +(J) A county probation department. +(K) The Los Angeles World Airports, as defined in Section 830.15. +(L) A K–12 public school district for use by a school police officer, as described in Section 830.32. +(M) A municipal water district for use by a park ranger, as described in Section 830.34. +(N) A county for use by a welfare fraud investigator or inspector, as described in Section 830.35. +(O) A county for use by the coroner or the deputy coroner, as described in Section 830.35. +(P) The Supreme Court and the courts of appeal for use by marshals of the Supreme Court and bailiffs of the courts of appeal, and coordinators of security for the judicial branch, as described in Section 830.36. +(Q) A fire department or fire protection agency of a county, city, city and county, district, or the state for use by either of the following: +(i) A member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37. +(ii) A member other than a member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37. +(R) The University of California Police Department, or the California State University Police Departments, as described in Section 830.2. +(S) A California Community College police department, as described in Section 830.32. +(c) (1) Notwithstanding Section 26825, a person licensed pursuant to Sections 26700 to 26915, inclusive, shall not process the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to an exemption specified in paragraph (6) of subdivision (b) and a person who is not exempt from the requirements of this section. +(2) (A) A person who obtains an unsafe handgun pursuant to paragraph (6) of subdivision (b) shall, when leaving the handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view. +(B) A violation of subparagraph (A) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000). +(C) For purposes of this paragraph, the following definitions shall apply: +(i) “Vehicle” has the same meaning as defined in Section 670 of the Vehicle Code. +(ii) A vehicle is “unattended” when a person who is lawfully carrying or transporting a handgun in the vehicle is not within close proximity to the vehicle to reasonably prevent unauthorized access to the vehicle or its contents. +(iii) “Locked container” has the same meaning as defined in Section 16850. +(D) Subparagraph (A) does not apply to a peace officer during circumstances requiring immediate aid or action that are within the course of his or her official duties. +(E) This paragraph does not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the ordinance was in effect before the date of the enactment of the act that added this subparagraph. +(d) Violations of subdivision (a) are cumulative with respect to each handgun and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, but the penalty to be imposed shall be determined as set forth in Section 654. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law makes it a crime for any person in this state to manufacture, import into the state for sale, keep for sale, offer or expose for sale, give, or lend an unsafe handgun. Under existing law, this prohibition does not apply to the sale or purchase of a handgun if the handgun is sold to, or purchased by, a police department, the Department of Corrections and Rehabilitation, or any federal law enforcement agency, among other entities. +This bill would also make the above prohibition inapplicable to the sale or purchase of a handgun if the handgun is sold to, or purchased by, specified entities or sworn members of those entities who have satisfactorily completed the firearms portion of a training course prescribed by the Commission on Peace Officer Standards and Training. The bill would prohibit a licensed firearms dealer from processing the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to this exemption and a person who is not exempt. +This bill would require a person, with exceptions, who obtains an unsafe handgun pursuant to this exemption to, when leaving the handgun in an unattended vehicle, as defined, lock the handgun in the vehicle’s trunk or lock the handgun in a locked container, as defined, and place the container out of plain view. The bill would make a violation of this provision an infraction punishable by a fine not exceeding $1,000. By creating a new crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 32000 of the Penal Code, relating to firearms." +1035,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 22513 of the Vehicle Code is amended to read: +22513. +(a) (1) It is a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, or to accrue charges for services furnished under those circumstances, unless requested to perform that service by a law enforcement officer or public agency pursuant to that agency’s procedures, or unless summoned to the scene or requested to stop by the owner or operator of a disabled vehicle. +(2) (A) A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing prior to arriving at the scene: +(i) The first and last name and working telephone number of the person who summoned it to the scene. +(ii) The make, model, year, and license plate number of the disabled vehicle. +(iii) The date and time it was summoned to the scene. +(iv) The name of the person who obtained the information in clauses (i), (ii), and (iii). +(B) A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle is exempt from the requirements of subparagraph (A), provided it possesses all of the following information in writing prior to arriving at the scene: +(i) The business name of the motor club. +(ii) The identification number the motor club assigns to the referral. +(iii) The date and time it was summoned to the scene by the motor club. +(3) A towing company or the owner or operator of a tow truck requested, or alleging it was requested, to stop at the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing upon arriving at the scene: +(A) The first and last name and working telephone number of the person who requested the stop. +(B) The make, model, and license plate number, if one is displayed, of the disabled vehicle. +(C) The date and time it was requested to stop. +(D) The name of the person who obtained the information in subparagraphs (A), (B), and (C). +(4) A towing company or the owner or operator of a tow truck summoned or requested, or alleging it was summoned or requested, by a law enforcement officer or public agency pursuant to that agency’s procedures to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, or that is expressly authorized to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, shall possess all of the following in writing before leaving the scene: +(A) The identity of the law enforcement agency or public agency. +(B) The log number, call number, incident number, or dispatch number assigned to the incident by law enforcement or the public agency, or the surname and badge number of the law enforcement officer, or the surname and employee identification number of the public agency employee. +(C) The date and time of the summons, request, or express authorization. +(5) For purposes of this section, “writing” includes electronic records. +(b) The towing company or the owner or operator of a tow truck shall make the written information described in subdivision (a) available to law enforcement, upon request, from the time it appears at the scene until the time the vehicle is towed and released to a third party, and shall maintain that information for three years. The towing company or owner or operator of a tow truck shall make that information available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. +(c) (1) Prior to attaching a vehicle to the tow truck, if the vehicle owner or operator is present at the time and location of the anticipated tow, the towing company or the owner or operator of the tow truck shall furnish the vehicle’s owner or operator with a written itemized estimate of all charges and services to be performed. The estimate shall include all of the following: +(A) The name, address, telephone number, and motor carrier permit number of the towing company. +(B) The license plate number of the tow truck performing the tow. +(C) The first and last name of the towing operator, and if different than the towing operator, the first and last name of the person from the towing company furnishing the estimate. +(D) A description and cost for all services, including, but not limited to, charges for labor, special equipment, mileage from dispatch to return, and storage fees, expressed as a 24-hour rate. +(2) The tow truck operator shall obtain the vehicle owner or operator’s signature on the itemized estimate and shall furnish a copy to the person who signed the estimate. +(3) The requirements in paragraph (1) may be completed after the vehicle is attached and removed to the nearest safe shoulder or street if done at the request of law enforcement or a public agency, provided the estimate is furnished prior to the removal of the vehicle from the nearest safe shoulder or street. +(4) The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make them available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. +(5) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle. +(6) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by law enforcement or a public agency pursuant to that agency’s procedures, and operating at the scene pursuant to a contract with that law enforcement agency or public agency. +(d) (1) Except as provided in paragraph (2), a towing company or the owner or operator of a tow truck shall not charge a fee for towing or storage, or both, of a vehicle in excess of the greater of the following: +(A) The fee that would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law enforcement agency that exercises primary jurisdiction in the city in which the vehicle was, or was attempted to be, removed, or if not located within a city, the law enforcement agency that exercises primary jurisdiction in the county in which the vehicle was, or was attempted to be, removed. +(B) The fee that would have been charged for that towing or storage, or both, under the rate approved for that towing operator by the Department of the California Highway Patrol for the jurisdiction from which the vehicle was, or was attempted to be, removed. +(2) Paragraph (1) does not apply to the towing or transportation of a vehicle or temporary storage of a vehicle in transit, if the towing or transportation is performed with the prior consent of the owner or operator of the vehicle. +(3) No charge shall be made in excess of the estimated price without the prior consent of the vehicle owner or operator. +(4) All services rendered by a tow company or tow truck operator, including any warranty or zero cost services, shall be recorded on an invoice, as described in subdivision (e) of Section 22651.07. The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make the documents available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. +(e) A person who willfully violates subdivision (b), (c), or (d) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment. +(f) This section shall not apply to the following: +(1) A vehicle owned or operated by, or under contract to, a motor club, as defined by Section 12142 of the Insurance Code, which stops to provide services for which compensation is neither requested nor received, provided that those services may not include towing other than that which may be necessary to remove the vehicle to the nearest safe shoulder. The owner or operator of that vehicle may contact a law enforcement agency or other public agency on behalf of a motorist, but may not refer a motorist to a tow truck owner or operator, unless the motorist is a member of the motor club, the motorist is referred to a tow truck owner or operator under contract to the motor club, and, if there is a dispatch facility that services the area and is owned or operated by the motor club, the referral is made through that dispatch facility. +(2) A tow truck operator employed by a law enforcement agency or other public agency. +(3) A tow truck owner or operator acting under contract with a law enforcement or other public agency to abate abandoned vehicles, or to provide towing service or emergency road service to motorists while involved in freeway service patrol operations, to the extent authorized by law. +SEC. 2. +Section 22513.1 of the Vehicle Code is amended to read: +22513.1. +(a) (1) A business taking possession of a vehicle from a tow truck during hours the business is open to the public shall document all of the following: +(A) The name, address, and telephone number of the towing company. +(B) The name and driver’s license number, driver’s identification number issued by a motor club, as defined in Section 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator. +(C) The make, model, and license plate or Vehicle Identification Number. +(D) The date and time that possession was taken of the vehicle. +(2) For purposes of subparagraph (B) of paragraph (1), if a tow truck operator refuses to provide information described in subparagraph (B) of paragraph (1) to a new motor vehicle dealer, as defined in Section 426, a new motor vehicle dealer is in compliance with this section if the new motor vehicle dealer documents the reasonable efforts made to obtain this information from the tow truck operator. +(b) A business taking possession of a vehicle from a tow truck when the business is closed to the public shall document all of the following: +(1) The make, model, and license plate or vehicle identification number. +(2) The date and time that the business first observed the vehicle on its property. +(3) The reasonable effort made by the business to contact the towing company, if identifying information was left with the vehicle, and the vehicle’s owner or operator to obtain and document both of the following: +(A) The name, address, and telephone number of the towing company. +(B) The name and driver’s license number, driver’s identification number issued by a motor club, as defined in Section 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator. +(c) The information required in this section shall be maintained for three years and shall be available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, a sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office. +(d) For purposes of this section, a new motor vehicle dealer, as defined in Section 426, is not open to the public during hours its repair shop is closed to the public. +(e) A person who willfully violates this section is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.","Existing law requires a business taking possession of a vehicle from a tow truck to document specified information, including the make, model, and license plate or vehicle identification number of the vehicle. Existing law requires a business taking possession of a vehicle to obtain the specified information from the towing company the next day if the vehicle was dropped off after hours. Existing law requires the information to be maintained for 3 years and to be made available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, a sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office. A willful violation of these requirements is a misdemeanor, as specified. +This bill would specify that a business is required to document the specified information described above when it takes possession of a vehicle from a tow truck during hours the business is open to the public and would also authorize the business to document the tow truck driver’s identification number, as specified, or another government authorized unique identifier of the tow truck operator. The bill would require a business taking possession of a vehicle from a tow truck when the business is closed to the public to document the make, model, and license plate or vehicle identification number of the vehicle and the date and time that the business first observed the vehicle on its property. A business taking possession of a vehicle from a tow truck when the business is closed to the public would also be required to make reasonable efforts to contact the towing company and the vehicle’s owner or operator to document specified information from the towing company. The bill would delete the requirement that a business taking possession of a vehicle from a tow truck when the business is closed obtain specified information from the towing company by the next day. +Existing law makes it a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, to furnish towing services, to move a vehicle when the vehicle has been left unattended or when there is an injury as the result of an accident, or to accrue charges for services furnished under those circumstances, unless requested or summoned to perform that service. Existing law requires a towing company or the owner or operator of a tow truck to possess specified information in writing about the disabled vehicle. Existing law requires the information to be maintained for 3 years and to be made available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, a sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. +This bill would require a towing company or the owner or operator of a tow truck to possess specified information in writing about the disabled vehicle and to maintain that information, as specified when it alleges it was requested or summoned to the scene.","An act to amend Sections 22513 and 22513.1 of the Vehicle Code, relating to vehicles." +1036,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2192 of the Streets and Highways Code is amended to read: +2192. +(a) (1) The Trade Corridors Improvement Fund, created pursuant to subdivision (c) of Section 8879.23 of the Government Code, is hereby continued in existence to receive revenues from state sources other than the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006. +(2) Revenues apportioned to the state under Section 167 of Title 23 of the United States Code from the National Highway Freight Program, pursuant to the federal Fixing America’s Surface Transportation Act (“FAST Act”; Public Law 114-94) shall be allocated for projects approved pursuant to this chapter. +(b) This chapter shall govern expenditure of those state and federal revenues described in subdivision (a). +(c) The funding described in subdivision (a) shall be available upon appropriation for allocation by the California Transportation Commission for infrastructure improvements in this state on federally designated Trade Corridors of National and Regional Significance, on the Primary Freight Network, and along other corridors that have a high volume of freight movement, as determined by the commission. In determining the projects eligible for funding, the commission shall consult the Transportation Agency’s state freight plan as described in Section 13978.8 of the Government Code and the California Sustainable Freight Action Plan released in July 2016 pursuant to Executive Order B-32-15. The commission shall also consult trade infrastructure and goods movement plans adopted by regional transportation planning agencies, adopted regional transportation plans required by state and federal law, and the applicable port master plan when determining eligible projects for funding. Eligible projects for the funding described in subdivision (a) shall further the state’s economic, environmental, and public health objectives and goals for freight policy, as articulated in the plans to be consulted pursuant to this subdivision, and may include, but are not limited to, all of the following: +(1) Highway capacity improvements, rail landside access improvements, landside freight access improvements to airports, and operational improvements to more efficiently accommodate the movement of freight, particularly for ingress and egress to and from the state’s land ports of entry, rail terminals, and seaports, including navigable inland waterways used to transport freight between seaports, land ports of entry, and airports, and to relieve traffic congestion along major trade or goods movement corridors. +(2) Freight rail system improvements to enhance the ability to move goods from seaports, land ports of entry, and airports to warehousing and distribution centers throughout California, including projects that separate rail lines from highway or local road traffic, improve freight rail mobility through mountainous regions, relocate rail switching yards, and other projects that improve the efficiency and capacity of the rail freight system. +(3) Projects to enhance the capacity and efficiency of ports. +(4) Truck corridor and capital and operational improvements, including dedicated truck facilities or truck toll facilities. +(5) Border capital and operational improvements that enhance goods movement between California and Mexico and that maximize the state’s ability to access funds made available to the state by federal law. +(6) Surface transportation and connector road improvements to effectively facilitate the movement of goods, particularly for ingress and egress to and from the state’s land ports of entry, airports, and seaports, to relieve traffic congestion along major trade or goods movement corridors. +(d) (1) In selecting projects for inclusion in the program of projects to be funded with funds described in subdivision (a), the commission shall evaluate the total potential costs and total potential economic and noneconomic benefits of the program to California’s economy, environment, and public health. The commission shall consult with the State Air Resources Board in order to utilize the appropriate models, techniques, and methods to develop the parameters for evaluation of projects. The commission shall allocate the funding described in subdivision (a) for trade infrastructure improvements consistent with Section 8879.52 of the Government Code and the Trade Corridors Improvement Fund (TCIF) Guidelines adopted by the commission on November 27, 2007, or as amended by the commission, and in a manner that (A) addresses the state’s most urgent needs, (B) balances the demands of various land ports of entry, seaports, and airports, (C) provides reasonable geographic balance between the state’s regions, (D) places emphasis on projects that improve trade corridor mobility and safety while reducing emissions of diesel particulates, greenhouse gases, and other pollutants, and reducing other negative community impacts, and (E) makes a significant contribution to the state’s economy. The commission shall adopt any amendments to the 2007 guidelines on or before April 1, 2017. +(2) In adopting amended guidelines, and developing and adopting the program of projects, the commission shall do all of the following: +(A) Accept nominations for projects to be included in the program of projects from regional and local transportation agencies and the Department of Transportation. +(B) Recognize the key role of the state in project identification and support integrating statewide goods movement priorities into the corridor approach. +(C) Make a finding that adoption and delivery of the program of projects is in the public interest. +(3) In addition, the commission shall also consider the following factors when allocating these funds: +(A) “Velocity,” which means the speed by which large cargo would travel from the land port of entry or seaport through the distribution system. +(B) “Throughput,” which means the volume of cargo that would move from the land port of entry or seaport through the distribution system. +(C) “Reliability,” which means a reasonably consistent and predictable amount of time for cargo to travel from one point to another on any given day or at any given time in California. +(D) “Congestion reduction,” which means the reduction in recurrent daily hours of delay to be achieved. +SEC. 2. +Section 2192.2 of the Streets and Highways Code is amended to read: +2192.2. +The commission shall allocate funds made available by this chapter to projects that have identified and committed supplemental funding from appropriate local, federal, or private sources. The commission shall determine the appropriate amount of supplemental funding each project should have to be eligible for moneys based on a project-by-project review and an assessment of the project’s benefit to the state and the program. Funded improvements shall have supplemental funding that is at least equal to the amount of the contribution under this chapter. The commission may give priority for funding to projects with higher levels of committed supplemental funding.","The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Proposition 1B) created the Trade Corridors Improvement Fund and provided for allocation by the California Transportation Commission of $2 billion in bond funds for infrastructure improvements on highway and rail corridors that have a high volume of freight movement, and specified categories of projects eligible to receive these funds. Existing law continues the Trade Corridors Improvement Fund in existence in order to receive revenues from sources other than the bond act for these purposes. +This bill would require revenues apportioned to the state from the National Highway Freight Program established by the federal Fixing America’s Surface Transportation Act to be allocated for trade corridor improvement projects approved pursuant to these provisions. +Existing law requires the commission, in determining projects eligible for funding, to consult various state freight and regional infrastructure and goods movement plans and the statewide port master plan. +This bill would delete consideration of the State Air Resources Board’s Sustainable Freight Strategy and the statewide port master plan and would instead include consideration of the applicable port master plan and the California Sustainable Freight Action Plan of July 2016 when determining eligible projects for funding. The bill would also expand eligible projects to include rail landside access improvements, landside freight access improvements to airports, and certain capital and operational improvements. The bill would require the commission to use existing guidelines for the Trade Corridors Improvement Fund in allocating available funding but would authorize the commission to adopt amendments to the guidelines by April 1, 2017, and would impose various other requirements on the commission.","An act to amend Sections 2192 and 2192.2 of the Streets and Highways Code, relating to transportation." +1037,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 23356.2 of the Business and Professions Code is amended to read: +23356.2. +(a) No license or permit shall be required for the manufacture of beer or wine for personal or family use, and not for sale, by a person over 21 years of age. The aggregate amount of beer or wine with respect to any household shall not exceed (1) 100 gallons per calendar year if there is only one adult in the household or (2) 200 gallons per calendar year if there are two or more adults in the household. +(b) Beer or wine produced pursuant to this section may be removed from the premises where made only under any of the following circumstances: +(1) For use, including in a bona fide competition or judging or a bona fide exhibition or tasting. +(2) For personal or family use. +(3) When donated to a nonprofit organization for use as provided in subdivision (c) or (d). +(4) Beer or wine produced pursuant to this section may only be provided or served to the public pursuant to paragraphs (1) and (3) within a clearly identified area, that includes, but is not limited to, a physical barrier with a monitored point of entry. Beer or wine produced by a beer manufacturer or winegrower as defined in Sections 23012 and 23013, respectively, and licensed by the department, shall not be provided or served to the public within this area. +(5) (A) Beer produced pursuant to this section may be removed from the premises where made in connection with a homebrewers club meeting or bona fide home brewed beer competition that is held on the premises of an authorized licensee. Homebrewers may exchange containers of home brewed beer during the club meeting or bona fide home brewed beer competition. Home brewed beer made by the club members may be consumed by club members while on the licensed premises during the club meeting or by competition organizers, competition judges, and competition stewards on licensed premises during a bona fide home brewed beer competition. Patrons of the authorized licensee that are not club members, competition organizers, competition judges, or competition stewards shall not consume any home brewed beer. +(B) The authorized licensee shall designate, by signage or other item, which tables within the licensed premises shall be used by club members during the club meeting or bona fide home brewed beer competition. +(C) For purposes of this paragraph, “authorized licensee” means a licensee that holds an on-sale beer license, an on-sale beer and wine license for a bona fide public eating place, an on-sale beer and wine for public premises license, an on-sale general license for a bona fide eating place, a club license, a veterans’ club license, an on-sale general brew pub license, an on-sale general license for public premises, a beer manufacturer’s license, or a small beer manufacturer’s license. +(c) (1) Beer or wine produced pursuant to this section may be donated to a nonprofit organization for sale at fundraising events conducted solely by and for the benefit of the nonprofit organization. Beer and wine donated pursuant to this subdivision may be sold by the nonprofit organization only for consumption on the premises of the fundraising event, under a license issued by the department to the nonprofit organization pursuant to this division. +(2) Beer or wine donated and sold pursuant to this subdivision shall bear a label identifying its producer and stating that the beer or wine is homemade and not available for sale or for consumption off the licensed premises. The beer or wine is not required to comply with other labeling requirements under this division. However, nothing in this paragraph authorizes the use of any false or misleading information on a beer or wine label. +(3) A nonprofit organization established for the purpose of promoting home production of beer or wine, or whose membership is composed primarily of home brewers or home winemakers, shall not be eligible to sell beer pursuant to this subdivision. +(d) A nonprofit organization established for the purpose of promoting home production of beer shall be eligible to serve beer at a fundraising event conducted solely for the benefit of the nonprofit organization pursuant to this subdivision, subject to the following conditions: +(1) The beer that is served is donated by home brewers. +(2) The nonprofit organization shall be issued no more than two permits per calendar year for the serving of beer pursuant to this subdivision. +(3) The nonprofit organization shall display a printed notice at the event that states that home brewed beer is not a regulated product subject to health and safety standards. +(4) The event shall have an educational component that includes instruction on the subject of beer, including, but not limited to, the history, nature, values, and characteristics of beer, the use of beer lists, and the methods of presenting and serving beer. +(5) Only bona fide members of the nonprofit organization may attend the event. +(6) The nonprofit organization shall not solicit or sign up individuals to be members of the nonprofit organization on the day of the event at the event premises. +(7) The nonprofit organization shall provide the department with the number of members that have registered for the event and the estimated number that will be in attendance, 48 hours before the event. This paragraph shall apply only if more than 50 members are expected to be in attendance at the event. +(e) Except as provided in subdivision (c), this section does not authorize the sale or offering for sale by any person of any beer or wine produced pursuant to this section. +(f) Except as provided herein, nothing in this section authorizes any activity in violation of Section 23300, 23355, or 23399.1.","Existing law authorizes a person to manufacture beer or wine for personal or family use without the need for a license or permit, as provided. Existing law authorizes the removal of beer or wine from the premises where made for personal or family use, for specified purposes, including at bona fide competitions or exhibitions. +This bill would permit the removal and use of home brewed beer in connection with a club meeting or home brewed beer competition held on the premises of an authorized licensee. The bill would also permit club members to exchange and consume home brewed beer at this type of meeting, would allow specified persons to consume home brewed beer during a competition, and would require tables used for the meeting or competition to be designated by the authorized licensee, as specified.","An act to amend Section 23356.2 of the Business and Professions Code, relating to alcoholic beverages." +1038,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 8698 of the Government Code is amended to read: +8698. +For purposes of this chapter, the following definitions shall apply: +(a) “Political subdivision” includes the state, any city, city and county, county, special district, or school district or public agency authorized by law. +(b) “Governing body” means the following: +(1) The Governor for the state. +(2) The legislative body for a city or city and county. +(3) The board of supervisors for a county. +(4) The governing board or board of trustees for a district or other public agency. +(5) An official designated by ordinance or resolution adopted by a governing body, as defined in paragraph (2), (3), or (4). +(c) “Public facility” means any facility of a political subdivision including parks, schools, and vacant or underutilized facilities which are owned, operated, leased, or maintained, or any combination thereof, by the political subdivision through money derived by taxation or assessment. +(d) “Declaration of a shelter crisis” means the duly proclaimed existence of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety. +(e) “Emergency bridge housing community” means any new or existing facilities, including, but not limited to, housing in temporary structures, including, but not limited to, emergency sleeping cabins consistent with the requirements of subdivision (h) of Section 8698.3 that are reserved for homeless persons and families, together with community support facilities, including, but not limited to, showers and bathrooms adequate to serve the anticipated number of residents all of which may be located on property leased or owned by a political subdivision. An emergency bridge housing community shall include supportive and self-sufficiency development services, have the ultimate goal of moving homeless persons to permanent housing as quickly as reasonably possible, and limit rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. +SEC. 2. +Section 8698.3 is added to the Government Code, to read: +8698.3. +Notwithstanding any other provisions in this chapter, upon a declaration of a shelter crisis by the City of San Jose, the following shall apply during a shelter crisis: +(a) Emergency housing may include an emergency bridge housing community for the homeless located or constructed on any city-owned or city-leased land, including land acquired with low- and moderate-income housing funds. +(b) (1) The city, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, may adopt by ordinance reasonable local standards for the design, site development, and operation of emergency bridge housing communities and the structures and facilities therein, to the extent that it is determined at the time of adoption that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. The Department of Housing and Community Development shall review the city’s draft ordinance to ensure it addresses minimum health and safety standards. The department shall, as set forth in Section 9795 of the Government Code, provide its findings to the Senate and Assembly housing committees and the Senate Judiciary Committee within 30 calendar days of receiving the draft ordinance. +(2) During the shelter crisis, except as provided in this section, provisions of any state or local building, housing, health, habitability, or safety standards or laws shall be suspended for the emergency bridge housing communities provided that the city has adopted health and safety standards for emergency bridge housing communities consistent with ensuring minimal public health and safety and those standards are complied with. Landlord tenant laws codified in Sections 1941 to 1942.5, inclusive, of the Civil Code providing a cause of action for habitability or tenantability, shall be suspended for the emergency bridgeation of the shelter crisis. +(e) The city shall match each resident of an emergency bridge housing community to an affordable housing unit identified in the city’s housing plan that shall be available for the resident to live in on or before January 1, 2022. +(f) On or before July 1, 2017, the city shall develop a plan for every emergency bridge housing community to include on-site supportive services. The city shall make the report publicly available. +(g) On or before January 1, 2018, and annually thereafter, the city shall report to the Legislature the number of residents in every emergency bridge housing community, the number of residents who have moved from an emergency bridge housing community into permanent affordable housing, the average time required for a resident to receive a permanent affordable housing unit, and the actual and projected number of permanent affordable housing units available through January 1, 2022. +(h) An “emergency sleeping cabin” means a relocatable hard-sided structure that may be used for occupancy only pursuant to Section 8698 and this section. It shall have a raised floor area of no less than 120 square feet of interior space for two occupants and a minimum of 70 square feet of interior space for one occupant. It shall contain no plumbing or gas service. An emergency sleeping cabin shall meet a minimum of a 20 pounds per square foot live load roof structure, shall be provided light, heat, and ventilation, and shall comply with minimum emergency bridge housing design standards as follows: +(1) Electrical power available as needed to meet the light and heat requirements of this subdivision. The source of electricity may be solar power. +(2) At least one interior lighting fixture. +(3) Electrical heating equipment approved for residential use. +(4) Means of ventilation allowing for adequate air replacement. +(5) At least one GFCI-protected receptacle for use by the occupant or occupants. +(6) At least two forms of egress placed remotely from each other, one of which may be an egress window with a sill height of not more than 44 inches from the floor, a minimum net opening height of 24 inches, and a minimum width of 20 inches. +(7) A privacy lock on each door. +(8) When required to meet accessibility requirements, compliance with the applicable requirements specified in Chapter 11B of the California Building Code. +(9) One permanently wired smoke alarm with battery backup, listed and labeled in accordance with UL 217, installed in accordance with the California Residential Code and NFPA 72. Battery powered alarms are permissible in lieu of wired alarms only when the cabin is solar powered and other electrical service is not supplied to the cabin. Smoke alarms shall be listed and approved by the State Fire Marshal. +(10) This subdivision shall remain operative until the date on which the California Building Standards Commission includes standards in the California Building Standards Code that conform to this subdivision. +(i) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SEC. 3. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to address the problem of homelessness in the City of San Jose.","Existing law authorizes a governing body of a political subdivision, as defined, to declare a shelter crisis if the governing body makes a specified finding. Existing law authorizes a political subdivision to allow persons unable to obtain housing to occupy designated public facilities, as defined, during the period of a shelter crisis. Existing law provides that certain state and local laws, regulations, and ordinances are suspended during a shelter crisis, to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. +This bill, until January 1, 2022, upon a declaration of a shelter crisis by the City of San Jose would authorize emergency housing to include an emergency bridge housing community for the homeless. The bill would define an emergency bridge housing community to include, but not be limited to, housing in temporary structures including, but not limited to, emergency sleeping cabins, as defined. The bill, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, would authorize the city to adopt by ordinance reasonable local standards for emergency bridge housing communities, as specified. The bill would require the Department of Housing and Community Development to review the draft ordinance to ensure it addresses minimum health and safety standards and to provide its findings to committees of the Legislature, as provided. The bill would require the city, among other things, to match each resident of an emergency bridge housing community to an affordable housing unit identified in the city’s housing plan that will be available for the resident to live in on or before January 1, 2022, and develop a plan for emergency bridge housing communities to include on-site supportive services. The bill would further require the city to annually report to the Legislature specific information on emergency bridge housing communities, including, among other information, the number of residents in every emergency bridge housing community and the actual and projected number of permanent affordable housing units available through January 1, 2022. +This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Jose.","An act to amend Section 8698 of, and to add and repeal Section 8698.3 of, the Government Code, relating to housing." +1039,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1206.5 of the Business and Professions Code is amended to read: +1206.5. +(a) Notwithstanding subdivision (b) of Section 1206 and except as otherwise provided in Sections 1206.6 and 1241, no person shall perform a clinical laboratory test or examination classified as waived under CLIA unless the clinical laboratory test or examination is performed under the overall operation and administration of the laboratory director, as described in Section 1209, including, but not limited to, documentation by the laboratory director of the adequacy of the qualifications and competency of the personnel, and the test is performed by any of the following persons: +(1) A licensed physician and surgeon holding an M.D. or D.O. degree. +(2) A licensed podiatrist, a licensed dentist, or a licensed naturopathic doctor, if the results of the tests can be lawfully utilized within his or her practice. +(3) A person licensed under this chapter to engage in clinical laboratory practice or to direct a clinical laboratory. +(4) A person authorized to perform tests pursuant to a certificate issued under Article 5 (commencing with Section 101150) of Chapter 2 of Part 3 of Division 101 of the Health and Safety Code. +(5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535. +(6) A person licensed under Chapter 6 (commencing with Section 2700). +(7) A person licensed under Chapter 6.5 (commencing with Section 2840). +(8) A perfusionist if authorized by and performed in compliance with Section 2590. +(9) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700). +(10) A medical assistant, as defined in Section 2069, if the waived test is performed pursuant to a specific authorization meeting the requirements of Section 2069. +(11) A pharmacist, as defined in Section 4036, if ordering drug therapy-related laboratory tests in compliance with paragraph (2) of subdivision (a) of Section 4052.1 or paragraph (2) of subdivision (a) of Section 4052.2, or if performing skin puncture in the course of performing routine patient assessment procedures in compliance with Section 4052.1. +(12) A naturopathic assistant, as defined in Sections 3613 and 3640.2, if the waived test is performed pursuant to a specific authorization meeting the requirements of Sections 3613 and 3640.2. +(13) A licensed optometrist as authorized under Chapter 7 (commencing with Section 3000). +(14) Other health care personnel providing direct patient care. +(15) Any other person performing nondiagnostic testing pursuant to Section 1244. +(16) A hepatitis C counselor performing a hepatitis C virus (HCV) test pursuant to Section 122440 of the Health and Safety Code. +(b) Notwithstanding subdivision (b) of Section 1206, no person shall perform clinical laboratory tests or examinations classified as of moderate complexity under CLIA unless the clinical laboratory test or examination is performed under the overall operation and administration of the laboratory director, as described in Section 1209, including, but not limited to, documentation by the laboratory director of the adequacy of the qualifications and competency of the personnel, and the test is performed by any of the following persons: +(1) A licensed physician and surgeon holding an M.D. or D.O. degree. +(2) A licensed podiatrist or a licensed dentist if the results of the tests can be lawfully utilized within his or her practice. +(3) A person licensed under this chapter to engage in clinical laboratory practice or to direct a clinical laboratory. +(4) A person authorized to perform tests pursuant to a certificate issued under Article 5 (commencing with Section 101150) of Chapter 2 of Part 3 of Division 101 of the Health and Safety Code. +(5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535. +(6) A person licensed under Chapter 6 (commencing with Section 2700). +(7) A perfusionist if authorized by and performed in compliance with Section 2590. +(8) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700). +(9) A person performing nuclear medicine technology if authorized by and performed in compliance with Article 6 (commencing with Section 107150) of Chapter 4 of Part 1 of Division 104 of the Health and Safety Code. +(10) Any person if performing blood gas analysis in compliance with Section 1245. +(11) (A) A person certified or licensed as an “Emergency Medical Technician II” or paramedic pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code while providing prehospital medical care, a person licensed as a psychiatric technician under Chapter 10 (commencing with Section 4500) of Division 2, as a vocational nurse pursuant to Chapter 6.5 (commencing with Section 2840), or as a midwife licensed pursuant to Article 24 (commencing with Section 2505) of Chapter 5, or certified by the department pursuant to Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations as a nurse assistant or a home health aide, who provides direct patient care, if the person is performing the test as an adjunct to the provision of direct patient care by the person, is utilizing a point-of-care laboratory testing device at a site for which a laboratory license or registration has been issued, meets the minimum clinical laboratory education, training, and experience requirements set forth in regulations adopted by the department, and has demonstrated to the satisfaction of the laboratory director that he or she is competent in the operation of the point-of-care laboratory testing device for each analyte to be reported. +(B) Prior to being authorized by the laboratory director to perform laboratory tests or examinations, testing personnel identified in subparagraph (A) shall participate in a preceptor program until they are able to perform the clinical laboratory tests or examinations authorized in this section with results that are deemed accurate and skills that are deemed competent by the preceptor. For the purposes of this section, a “preceptor program” means an organized system that meets regulatory requirements in which a preceptor provides and documents personal observation and critical evaluation, including review of accuracy, reliability, and validity, of laboratory testing performed. +(12) Any other person within a physician office laboratory if the test is performed under the supervision of the patient’s physician and surgeon or podiatrist who shall be accessible to the laboratory to provide onsite, telephone, or electronic consultation as needed, and shall: (A) ensure that the person is performing test methods as required for accurate and reliable tests; and (B) have personal knowledge of the results of the clinical laboratory testing or examination performed by that person before the test results are reported from the laboratory. +(13) A pharmacist, if ordering drug therapy-related laboratory tests in compliance with paragraph (2) of subdivision (a) of Section 4052.1 or paragraph (2) of subdivision (a) of Section 4052.2. +(c) Notwithstanding subdivision (b) of Section 1206, no person shall perform clinical laboratory tests or examinations classified as of high complexity under CLIA unless the clinical laboratory test or examination is performed under the overall operation and administration of the laboratory director, as described in Section 1209, including, but not limited to, documentation by the laboratory director of the adequacy of the qualifications and competency of the personnel, and the test is performed by any of the following persons: +(1) A licensed physician and surgeon holding an M.D. or D.O. degree. +(2) A licensed podiatrist or a licensed dentist if the results of the tests can be lawfully utilized within his or her practice. +(3) A person licensed under this chapter to engage in clinical laboratory practice or to direct a clinical laboratory if the test or examination is within a specialty or subspecialty authorized by the person’s licensure. +(4) A person authorized to perform tests pursuant to a certificate issued under Article 5 (commencing with Section 101150) of Chapter 2 of Part 3 of Division 101 of the Health and Safety Code if the test or examination is within a specialty or subspecialty authorized by the person’s certification. +(5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535. +(6) A perfusionist if authorized by and performed in compliance with Section 2590. +(7) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700). +(8) A person performing nuclear medicine technology if authorized by and performed in compliance with Article 6 (commencing with Section 107150) of Chapter 4 of Part 1 of Division 104 of the Health and Safety Code. +(9) Any person if performing blood gas analysis in compliance with Section 1245. +(10) Any other person within a physician office laboratory if the test is performed under the onsite supervision of the patient’s physician and surgeon or podiatrist who shall: (A) ensure that the person is performing test methods as required for accurate and reliable tests; and (B) have personal knowledge of the results of clinical laboratory testing or examination performed by that person before the test results are reported from the laboratory. +(d) Clinical laboratory examinations classified as provider-performed microscopy under CLIA may be personally performed using a brightfield or phase/contrast microscope by one of the following practitioners: +(1) A licensed physician and surgeon using the microscope during the patient’s visit on a specimen obtained from his or her own patient or from a patient of a group medical practice of which the physician is a member or employee. +(2) A nurse midwife holding a certificate as specified by Section 2746.5, a licensed nurse practitioner as specified in Section 2835.5, or a licensed physician assistant acting under the supervision of a physician pursuant to Section 3502 using the microscope during the patient’s visit on a specimen obtained from his or her own patient or from the patient of a clinic, group medical practice, or other health care provider of which the certified nurse midwife, licensed nurse practitioner, or licensed physician assistant is an employee. +(3) A licensed dentist using the microscope during the patient’s visit on a specimen obtained from his or her own patient or from a patient of a group dental practice of which the dentist is a member or an employee. +SEC. 2. +Section 122440 is added to the Health and Safety Code, to read: +122440. +(a) A hepatitis C counselor who meets the requirements of subdivision (d) may do all of the following: +(1) Perform any hepatitis C virus (HCV) test that is classified as waived under the federal Clinical Laboratory Improvement Act (CLIA) (42 U.S.C. Sec. 263a et seq.) if all of the following conditions exist: +(A) The performance of the HCV test meets the requirements of CLIA and Chapter 3 (commencing with Section 1200) of Division 2 of the Business and Professions Code. +(B) Notwithstanding Section 1246 of the Business and Professions Code, a hepatitis C counselor may perform skin punctures for the purpose of withdrawing blood for waived HCV testing, upon specific authorization from a licensed physician and surgeon, provided that the person meets both of the following requirements: +(i) He or she works under the direction of a licensed physician and surgeon. +(ii) He or she has been trained in rapid test proficiency for skin puncture blood tests and in universal infection control precautions, consistent with best infection control practices established by the Division of Occupational Safety and Health in the Department of Industrial Relations and the federal Centers for Disease Control and Prevention. +(C) The person performing the HCV test meets the requirements for the performance of waived laboratory testing pursuant to subdivision (a) of Section 1206.5 of the Business and Professions Code. +(D) The patient is informed that the preliminary result of the test is indicative of the likelihood of HCV exposure and that the result must be confirmed by an additional more specific test, or, if approved by the federal Centers for Disease Control and Prevention for that purpose, a second, different rapid HCV test. This subdivision does not allow a hepatitis C counselor to perform any HCV test that is not classified as waived under CLIA. +(2) Notwithstanding Section 1246.5 of the Business and Professions Code, order and report HCV test results from tests performed pursuant to paragraph (1) to patients without authorization from a licensed health care practitioner or his or her authorized representative. A patient who has an indeterminate or positive test result from tests performed pursuant to paragraph (1) shall be referred to a licensed health care practitioner whose scope of practice includes the authority to refer a patient for laboratory testing for further evaluation. +(b) A hepatitis C counselor who meets the requirements of this section with respect to performing any HCV test that is classified as waived under CLIA may not perform any other test unless that person meets the statutory and regulatory requirements for performing that other test. +(c) Compliance with this section does not fulfill any requirements for certification as a phlebotomy technician or a limited phlebotomy technician, unless the hepatitis C counselor has otherwise satisfied the certification requirements imposed pursuant to Section 1246 of the Business and Professions Code. +(d) A hepatitis C counselor shall meet one of the following criteria: +(1) Is authorized to perform an HCV test in accordance with paragraph (1) of subdivision (a) of Section 120917. +(2) Is working in a hepatitis C counseling and testing site that meets both of the following criteria: +(A) Utilizes hepatitis C counselors who are trained by the State Department of Public Health or its agents to provide hepatitis C counseling and testing. For the purposes of this subparagraph, a training agent may include, but is not limited to, a local health department or its designee, an academic medical center, or a community-based organization. +(B) Has and retains a quality assurance plan and has hepatitis C counseling and testing staff who comply with the quality assurance protocols and guidelines made available by the State Department of Public Health in accordance with Section 122410.","Under existing law, the State Department of Public Health licenses, registers, and regulates clinical laboratories and various clinical laboratory personnel. Existing law prohibits a person from performing a clinical laboratory test or examination classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 unless the test or examination is performed under the overall operation and administration of a laboratory director and the test or examination is performed by any one of specified professionals and others, including a licensed physician and surgeon or pharmacist. Existing law establishes the Office of AIDS in the department and defines human immunodeficiency virus (HIV) as the etiologic agent of acquired immunodeficiency syndrome (AIDS). Existing law authorizes an HIV counselor who receives specified training and works in specified counseling and testing sites to perform HIV, hepatitis C virus (HCV), or combined HIV/HCV tests, including performing skin punctures for purposes of withdrawing blood for purposes of these tests, as specified. +This bill would authorize a hepatitis C counselor who meets specified requirements to perform an HCV test and to order and report HCV test results. The bill would authorize the State Department of Public Health to implement and administer these provisions by means of a bulletin or similar instructions. The bill would also add hepatitis C counselors performing an HCV test to the list of professionals authorized to perform a test or examination classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988, as specified.","An act to amend Section 1206.5 of the Business and Professions Code, and to add Section 122440 to the Health and Safety Code, relating to public health." +1040,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) It is the intent of the Legislature to create a green infrastructure program that would encourage state agencies to account for and reduce the greenhouse gas emissions associated with +energy-intensive +emissions-intensive +products that are used in major infrastructure projects and funded in whole or in part with state funds. This program would reduce the greenhouse gas emissions associated with +energy-intensive +emissions-intensive +products by providing a market for high-quality goods with the lowest overall greenhouse gas emissions. +(b) If +energy-intensive +emissions-intensive +products are sourced from facilities that do not comply with California’s climate energy goals or if a product is transported a long distance to the job site, it creates a large amount of greenhouse gas emissions that is part of the emissions total California is seeking to reduce by 2020. By ignoring these emissions, California is shifting the burden of emissions reductions to other portions of the economy and this places additional burden on California’s businesses and consumers. It would be better for consumers if the state acknowledges the emissions associated with large infrastructure projects and crafts a procurement process to procure a green product, a product that lowers greenhouse gas emissions while still meeting quality standards. +(c) Executive Order B-30-15 issued by Governor Edmund G. Brown Jr. stipulates that “State agencies shall take climate change into account in their planning and investment decisions and employ full life-cycle cost accounting to evaluate and compare infrastructure investments and alternatives.” It also notes that state agencies’ planning investments shall be guided by principles that build climate preparedness and reduce greenhouse gas emissions. +SEC. 2. +Section 10130 is added to the Public Contract Code, to read: +10130. +(a) As used in this section: +(1) “Project” means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more. +(2) +“Energy-intensive product” +“Emissions-intensive product” +means a product that is produced by +a company +the following industry sectors, as +identified by the cap-and-trade program of the State Air Resources Board as +energy +emissions +intensive, trade +exposed. +exposed: +(A) Cement manufacturing. +(B) Flat glass manufacturing. +(C) Iron and steel mills. +(D) Rolled shape manufacturing. +(b) (1) On or before January 1, 2018, the department shall prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with +energy-intensive +emissions-intensive +products in projects within the jurisdiction of the department. The emissions total shall take into account the greenhouse gas emissions that are produced when the +energy-intensive +emissions-intensive +product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the +energy-intensive +emissions-intensive +product from the site of its manufacture to the project site. +(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code. +(3) The requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. +(c) As of January 1, 2018, the department shall incorporate the greenhouse gas emissions information described in subdivision (b) into its procurement processes, including bid specifications, to procure +energy-intensive +emissions-intensive +products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes. +SEC. 3. +Section 10503.5 is added to the Public Contract Code, to read: +10503.5. +(a) As used in this section: +(1) “Project” means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more. +(2) +“Energy-intensive product” +“Emissions-intensive product” +means a product that is produced by +a company +the following industry sectors, as +identified by the cap-and-trade program of the State Air Resources Board as +energy +emissions +intensive, trade +exposed. +exposed: +(A) Cement manufacturing. +(B) Flat glass manufacturing. +(C) Iron and steel mills. +(D) Rolled shape manufacturing. +(b) (1) On or before January 1, 2018, the Regents of the University of California shall prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with +energy-intensive +emissions-intensive +products in projects within the jurisdiction of the Regents of the University of California. The emissions total shall take into account the greenhouse gas emissions that are produced when the +energy-intensive +emissions-intensive +product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the +energy-intensive +emissions-intensive +product from the site of its manufacture to the project site. +(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code. +(3) The requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. +(c) As of January 1, 2018, the Regents of the University of California shall incorporate the greenhouse gas emissions information described in subdivision (b) into University of California procurement processes, including bid specifications, to procure +energy-intensive +emissions-intensive +products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes. +SEC. 4. +Section 10727 is added to the Public Contract Code, to read: +10727. +(a) As used in this section: +(1) “Project” means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more. +(2) +“Energy-intensive product” +“Emissions-intensive product” +means a product that is produced by +a company +the following industry sectors, as +identified by the cap-and-trade program of the State Air Resources Board as +energy +emissions +intensive, trade +exposed. +exposed: +(A) Cement manufacturing. +(B) Flat glass manufacturing. +(C) Iron and steel mills. +(D) Rolled shape manufacturing. +(b) (1) On or before January 1, 2018, the trustees shall prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with +energy-intensive +emissions-intensive +products in projects within the jurisdiction of the trustees. The emissions total shall take into account the greenhouse gas emissions that are produced when the +energy-intensive +emissions-intensive +product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the +energy-intensive +emissions-intensive +product from the site of its manufacture to the project site. +(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code. +(3) The requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. +(c) As of January 1, 2018, the trustees shall incorporate the greenhouse gas emissions information described in subdivision (b) into California State University procurement processes, including bid specifications, to procure +energy-intensive +emissions-intensive +products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes.","The State Contract Act requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost. That act prohibits, except in specified circumstances, a state agency responsible for letting public works contracts from drafting bid specifications in a manner that limits the bidding to any one concern or product, except under certain circumstances. +Other existing law establishes specific requirements for competitive bidding for building and improvement projects by the Regents of the University of California, including the manner and type of specifications. +The California State University Contract Law governs contracting for building and improvement projects by the California State University and imposes specific competitive bidding requirements for the Trustees of the California State University, including the preparation of specifications for a project. +This bill would require an awarding department, on or before January 1, 2018, to prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with +energy-intensive products +emissions-intensive products, as defined, +in projects within the jurisdiction of the department. The +bill would require the +emissions total +shall +to +take into account the greenhouse gas emissions that are produced when the +energy-intensive +emissions-intensive +product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the +energy-intensive +emissions-intensive +product from the site of its manufacture to the project site. The bill would require the department, as of +January, 1 +January 1, +2018, to incorporate the greenhouse gas emissions information into its procurement processes, including bid specifications, to procure +energy-intensive +emissions-intensive +products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes. +The bill would impose similar requirements on the Regents of the University of California and the Trustees of the California State University.","An act to add Sections 10130, 10503.5, and 10727 to the Public Contract Code, relating to public contracts." +1041,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 49475.5 is added to the Education Code, to read: +49475.5. +(a) The Neurocognitive Testing Pilot Grant Program is hereby established to provide grant funding to Title I schools for the purposes of neurocognitive testing. +(b) The Superintendent shall establish an application process for school districts to apply on behalf of Title I schools interested in participating in the pilot program. Grants shall be apportioned under the pilot program to a total of three school districts, which shall comprise one school district in each of the following regions of the state: southern, central, and northern. Each school district shall commit to participating in the pilot program for four school years in order to track pupils tested in grade 9 through completion of high school. Grant funding shall be used for the following: +(1) (A) Baseline and postinjury neurocognitive testing of pupils attending a Title I school serving any of grades 9 to 12, inclusive, participating in interscholastic athletics in any of the following sports: +(i) Baseball. +(ii) Basketball. +(iii) Cheerleading. +(iv) Field hockey. +(v) Football. +(vi) Ice hockey. +(vii) Lacrosse. +(viii) Rugby. +(ix) Soccer. +(x) Softball. +(xi) Volleyball. +(xii) Wrestling. +(B) The baseline and postinjury neurocognitive testing conducted pursuant to this subdivision shall take place at the beginning of an athletic season before any competitions have taken place and after any head injury, and baseline testing shall be repeated at intervals not exceeding 24 months for as long as the athlete is enrolled at the school, provided that the athlete is still participating in one or more of the 12 sports listed in subparagraph (A). The baseline and postinjury neurocognitive testing conducted pursuant to this subdivision shall be administered by individuals who have been trained to administer these tests. These individuals may include, but are not necessarily limited to, employees of a participating school district. +(2) Postinjury neurocognitive testing of an athlete who is suspected of sustaining a concussion or head injury in an interscholastic athletic activity. Postinjury neurocognitive tests shall be conducted within 72 hours of the occurrence of the injury. +(3) Training of personnel or to consult with experts on the interpretation of postinjury test results. The parent or guardian of each athlete participating in any of the sports listed in paragraph (1) shall also be notified, in writing, that the results of baseline and postinjury neurocognitive testing conducted on his or her child are available to the child’s parent or guardian upon request. These neurocognitive testing results may also be shared with the athlete’s physician upon the request of the athlete’s parent or guardian. +(4) Reporting to the county office of education data that includes an overview of the baseline neurocognitive testing conducted for each of the sports listed in paragraph (1), and an overview of normal, abnormal, and followup postinjury neurocognitive tests. The data shall also include the number of athletes who discontinue participation in the sport following a concussion and postinjury testing. +(c) For purposes of this section, “neurocognitive testing” means a comprehensive evaluation of a person’s cognitive status by specific neurologic domains, including, but not necessarily limited to, memory, attention, problem solving, language, visuospatial, processing speed, motor, and emotion. +(d) (1) The department shall, based on the data collected by the county offices of education located in the area of participating school districts, prepare a report including, but not necessarily limited to, all of the following information: +(A) The number of athletes who received the baseline tests. +(B) The number of athletes who received the postinjury tests. +(C) The number of athletes who had taken the tests and discontinued participation in any of the sports set forth in subdivision (b) due to concussion injuries. +(2) The report prepared pursuant to this subdivision shall be submitted to the appropriate policy committees of the Legislature on or before December 31, 2021, and shall comply with Section 9795 of the Government Code. +(e) This section is contingent upon the appropriation of funds for its purposes in the annual Budget Act or another statute. +(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SEC. 2. +Section 49475.6 is added to the Education Code, to read: +49475.6. +A school district, charter school, or private school that elects to offer an interscholastic athletic program shall collect and maintain data on traumatic brain injuries and concussions sustained by any of its pupils during an interscholastic athletic activity. This data shall be reported periodically to the appropriate county office of education, but the names of the injured pupils shall be kept confidential. The county office of education shall compile and retain the data for summary and analysis as it deems necessary. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires a school district, charter school, or private school, if it offers an athletic program, to immediately remove an athlete from an athletic activity for the remainder of the day if the athlete is suspected of sustaining a concussion or head injury, and prohibits the athlete from returning to the athletic activity until the athlete is evaluated by a licensed health care provider, trained in the management of concussions and acting within the scope of his or her practice, and the athlete receives written clearance from the licensed health care provider to return to the athletic activity. Existing law also requires, on a yearly basis, a concussion and head injury information sheet to be signed and returned by the athlete and athlete’s parent or guardian before the athlete initiates practice or competition. +This bill would establish the Neurocognitive Testing Pilot Grant Program to provide grant funding to Title I schools for the purposes of neurocognitive testing. The bill would require the Superintendent of Public Instruction to establish an application process for school districts to apply on behalf of Title I schools interested in participating in the pilot program. The bill would require grants under the pilot program to be apportioned to a total of 3 school districts, comprising one school district in each of the following regions of the state: southern, central, and northern. A participating school district would be required to commit to participating in the pilot program for 4 school years in order to track pupils tested in grade 9 through completion of high school. +The bill would require that grant funds would be used for baseline and postinjury neurocognitive testing, as defined, for pupils attending a Title I school serving any of grades 9 to 12, inclusive, who participate in interscholastic athletics in any of 12 designated sports. The bill would require this baseline and postinjury neurocognitive testing to take place at the beginning of an athletic season before any competitions have taken place and after any head injury, and would require that baseline neurocognitive testing be repeated at intervals not exceeding 24 months for as long as the athlete is enrolled at the school and participating in one or more of the 12 sports listed in the bill. The bill would require the baseline and postinjury neurocognitive testing conducted pursuant to the bill to be administered by individuals, including, but not necessarily limited to, employees of a participating school district, who have been trained to administer these tests. +The bill would also provide that grant funds could be used for training of personnel and consultation with experts, as specified. The bill would further provide that, under the pilot program, the parent or guardian of each athlete participating in any of the 12 interscholastic sports listed in the bill would be notified, in writing, that the results of baseline and postinjury neurocognitive testing conducted on his or her child are available to the child’s parent or guardian, or could be shared with the athlete’s physician, upon request. +The bill would also provide that grant funds could be used for reporting specified data relating to the baseline neurocognitive testing to the appropriate county office of education. The bill would require the State Department of Education to submit a report containing specified information to the appropriate policy committees of the Legislature on or before December 31, 2021. +These provisions would be contingent upon the appropriation of funds for their purposes in the annual Budget Act or another statute. +These provisions would be repealed on January 1, 2022. +(2) Existing law provides that, if a licensed health care provider determines that an athlete sustained a concussion or a head injury while engaging in an athletic activity, the athlete is required to complete a graduated return-to-play protocol of no less than 7 days in duration under the supervision of a licensed health care provider. +This bill would require a school district, charter school, or private school that offers an interscholastic athletic program to collect and maintain data on traumatic brain injuries and concussions sustained by any of its pupils during an interscholastic athletic activity. The bill would require that this data be reported periodically to the appropriate county office of education, and would require the county office of education to compile and retain the data for summary and analysis as it deems necessary. By imposing new duties on county offices of education, the bill would impose a state-mandated local program. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 49475.6 to, and to add and repeal Section 49475.5 of, the Education Code, relating to school athletics." +1042,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 647 of the Penal Code is amended to read: +647. +Except as provided in subdivision (l), +every +a +person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: +(a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view. +(b) Who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration. +(c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms. +(d) Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act. +(e) Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it. +(f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way. +(g) When a person has violated subdivision (f), a peace officer, if he or she is reasonably able to do so, shall place the person, or cause him or her to be placed, in civil protective custody. The person shall be taken to a facility, designated pursuant to Section 5170 of the Welfare and Institutions Code, for the 72-hour treatment and evaluation of inebriates. A peace officer may place a person in civil protective custody with that kind and degree of force +which +that +would be lawful were he or she effecting an arrest for a misdemeanor without a warrant. A person who has been placed in civil protective custody shall not thereafter be subject to any criminal prosecution or juvenile court proceeding based on the facts giving rise to this placement. This subdivision shall not apply to the following persons: +(1) Any person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug. +(2) Any person who a peace officer has probable cause to believe has committed any felony, or who has committed any misdemeanor in addition to subdivision (f). +(3) Any person who a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control. +(h) Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, “loiter” means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered. +(i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant. +(j) (1) Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, or mobile phone, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision shall not apply to those areas of a private business used to count currency or other negotiable instruments. +(2) Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy. +(3) (A) Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person. +(B) Neither of the following is a defense to the crime specified in this paragraph: +(i) The defendant was a cohabitant, landlord, tenant, cotenant, employer, employee, or business partner or associate of the victim, or an agent of any of these. +(ii) The victim was not in a state of full or partial undress. +(4) (A) Any person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. +(B) A person intentionally distributes an image described in subparagraph (A) when he or she personally distributes the image, or arranges, specifically requests, or intentionally causes another person to distribute that image. +(C) As used in this paragraph, “intimate body part” means any portion of the genitals, the anus and in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing. +(D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies: +(i) The distribution is made in the course of reporting an unlawful activity. +(ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding. +(iii) The distribution is made in the course of a lawful public proceeding. +(5) This subdivision shall not preclude punishment under any section of law providing for greater punishment. +(k) In any accusatory pleading charging a violation of subdivision (b), if the defendant has been once previously convicted of a violation of that subdivision, the previous conviction shall be charged in the accusatory pleading. If the previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 45 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 45 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 45 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 45 days in confinement in a county jail. +In any accusatory pleading charging a violation of subdivision (b), if the defendant has been previously convicted two or more times of a violation of that subdivision, each of these previous convictions shall be charged in the accusatory pleading. If two or more of these previous convictions are found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or are admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 90 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 90 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 90 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 90 days in confinement in a county jail. +In addition to any punishment prescribed by this section, a court may suspend, for not more than 30 days, the privilege of the person to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle Code for any violation of subdivision (b) that was committed within 1,000 feet of a private residence and with the use of a vehicle. In lieu of the suspension, the court may order a person’s privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the person’s place of employment or education. If driving a motor vehicle is necessary to perform the duties of the person’s employment, the court may also allow the person to drive in that person’s scope of employment. +(l) (1) A second or subsequent violation of subdivision (j) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment. +(2) If the victim of a violation of subdivision (j) was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment. +(m) (1) If a crime is committed in violation of subdivision (b) and the person who was solicited was a minor at the time of the offense, and if the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for not less than two days and not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. +(2) The court may, in unusual cases, when the interests of justice are best served, reduce or eliminate the mandatory two days of imprisonment in a county jail required by this subdivision. If the court reduces or eliminates the mandatory two days’ imprisonment, the court shall specify the reason on the record.","Existing law makes it a misdemeanor to commit certain acts of disorderly conduct, relating to, among other things, prostitution, loitering, obstruction of the free use of a public way as a result of being under the influence of certain substances, and invasion of privacy by means of an instrumentality, as specified. +This bill would make technical, nonsubstantive changes to some of those provisions.","An act to amend Section 647 of the Penal Code, relating to disorderly conduct." +1043,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 836 of the Penal Code is amended to read: +836. +(a) A peace officer may arrest a person in obedience to a +warrant, +warrant +or, pursuant to the authority granted to him or her by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, without a +warrant, may arrest a person +warrant +whenever any of the following circumstances occur: +(1) The officer has probable cause to believe that the person to be arrested has committed a public offense in the officer’s presence. +(2) The person arrested has committed a felony, although not in the officer’s presence. +(3) The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed. +(b) Any time a peace officer is called out on a domestic violence call, it shall be mandatory that the officer make a good faith effort to inform the victim of his or her right to make a citizen’s arrest, unless the peace officer makes an arrest for a violation of paragraph (1) of subdivision (e) of Section 243 or 273.5. This information shall include advising the victim how to safely execute the arrest. +(c) (1) When a peace officer is responding to a call alleging a violation of a domestic violence protective or restraining order issued under Section 527.6 of the Code of Civil Procedure, the Family Code, Section 136.2, 646.91, or paragraph (2) of subdivision (a) of Section 1203.097 of this code, Section 213.5 or 15657.03 of the Welfare and Institutions Code, or of a domestic violence protective or restraining order issued by the court of another state, tribe, or territory and the peace officer has probable cause to believe that the person against whom the order is issued has notice of the order and has committed an act in violation of the order, the officer shall, consistent with subdivision (b) of Section 13701, make a lawful arrest of the person without a warrant and take that person into custody whether or not the violation occurred in the presence of the arresting officer. The officer shall, as soon as possible after the arrest, confirm with the appropriate authorities or the Domestic Violence Protection Order Registry maintained pursuant to Section 6380 of the Family Code that a true copy of the protective order has been registered, unless the victim provides the officer with a copy of the protective order. +(2) The person against whom a protective order has been issued shall be deemed to have notice of the order if the victim presents to the officer proof of service of the order, the officer confirms with the appropriate authorities that a true copy of the proof of service is on file, or the person against whom the protective order was issued was present at the protective order hearing or was informed by a peace officer of the contents of the protective order. +(3) In situations where mutual protective orders have been issued under Division 10 (commencing with Section 6200) of the Family Code, liability for arrest under this subdivision applies only to those persons who are reasonably believed to have been the dominant aggressor. In those situations, prior to making an arrest under this subdivision, the peace officer shall make reasonable efforts to identify, and may arrest, the dominant aggressor involved in the incident. The dominant aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the dominant aggressor, an officer shall consider (A) the intent of the law to protect victims of domestic violence from continuing abuse, (B) the threats creating fear of physical injury, (C) the history of domestic violence between the persons involved, and (D) whether either person involved acted in self-defense. +(d) Notwithstanding paragraph (1) of subdivision (a), if a suspect commits an assault or battery upon a current or former spouse, fiancé, fiancée, a current or former cohabitant as defined in Section 6209 of the Family Code, a person with whom the suspect currently is having or has previously had an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243, a person with whom the suspect has parented a child, or is presumed to have parented a child pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code), a child of the suspect, a child whose parentage by the suspect is the subject of an action under the Uniform Parentage Act, a child of a person in one of the above categories, any other person related to the suspect by consanguinity or affinity within the second degree, or any person who is 65 years of age or older and who is related to the suspect by blood or legal guardianship, a peace officer may arrest the suspect without a warrant +where +when +both of the following circumstances apply: +(1) The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed. +(2) The peace officer makes the arrest as soon as probable cause arises to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed. +(e) In addition to the authority to make an arrest without a warrant pursuant to paragraphs (1) and (3) of subdivision (a), a peace officer may, without a warrant, arrest a person for a violation of Section 25400 when all of the following apply: +(1) The officer has reasonable cause to believe that the person to be arrested has committed the violation of Section 25400. +(2) The violation of Section 25400 occurred within an airport, as defined in Section 21013 of the Public Utilities Code, in an area to which access is controlled by the inspection of persons and property. +(3) The peace officer makes the arrest as soon as reasonable cause arises to believe that the person to be arrested has committed the violation of Section 25400. +(f) In addition to the authority to make an arrest without a warrant pursuant to subdivision (a), a peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person to be arrested has violated subdivision (m) of Section 647, even if that violation was not in the presence of the officer. +SECTION 1. +Section 15030 is added to the +Government Code +, to read: +15030. +(a)On or before January 1, 2018, the Department of Justice shall expand its shared gang database, as defined in Section 186.34 of the Penal Code, in order to provide accurate, timely, and electronically generated data of statewide human trafficking intelligence information. The purpose of this expansion shall be to allow law enforcement agencies in California to collaborate in reducing the incidence of human trafficking. +(b)The department may promulgate regulations to implement this section. +(c)For purposes of this section, “human trafficking” has the same meaning as defined in Section 236.1 of the Penal Code.","Existing law authorizes a peace officer to arrest a person without a warrant if the officer has probable cause to believe that the person has committed a public offense in the officer’s presence or if the officer has probable cause to believe that the person has committed a felony. +This bill would authorize a peace officer to arrest a person without a warrant if the officer has probable cause to believe that the person has committed the misdemeanor offense of soliciting a minor for prostitution. +Existing law requires the Department of Justice to seek to control and eradicate organized crime by, among other things, gathering, analyzing, and storing intelligence related to organized crime and providing this intelligence to local, state, and federal law enforcement units. Existing law also requires, prior to a local law enforcement agency designating, or submitting a document to the Attorney General’s office for the purpose of designating, a person as a gang member, associate, or affiliate in a shared gang database, as defined, the local law enforcement agency to provide written notice to the person and his or her parent or guardian of the designation and the basis for the designation if the person is under 18 years of age, except as specified. Existing law authorizes the person or his or her parent or guardian to submit written documentation contesting that designation and requires the local law enforcement agency to provide written verification of its decision within 60 days. +This bill would require the department, on or before January 1, 2018, to expand its shared gang database, as defined in the provision described above, in order to provide accurate, timely, and electronically generated data of statewide human trafficking intelligence information. The bill would specify that the purpose of that expansion is to allow law enforcement agencies in California to collaborate in reducing the incidence of human trafficking. The bill would authorize the department to promulgate regulations to implement its provisions.","An act to +add Section 15030 to the Government Code, relating to human trafficking. +amend Section 836 of the Penal Code, relating to crimes." +1044,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4927.5 of the Business and Professions Code, as added by Section 2 of Chapter 397 of the Statutes of 2014, is amended to read: +4927.5. +(a) For purposes of this chapter, “approved educational and training program” means a school or college offering education and training in the practice of an acupuncturist that meets all of the following requirements: +(1) Offers curriculum that includes at least 3,000 hours of which at least 2,050 hours are didactic and laboratory training, and at least 950 hours are supervised clinical instruction. Has submitted that curriculum to the board, and has received board approval of the curriculum. Any school or college offering education and training in the practice of acupuncture that was approved by the board prior to January 1, 2017, has not had its approval revoked, and has not changed its curriculum since receiving board approval, is deemed to have had its curriculum approved by the board for the purposes of this section. +(2) Has received full institutional approval under Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code in the field of traditional Asian medicine, or in the case of institutions located outside of this state, approval by the appropriate governmental educational authority using standards equivalent to those of Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code. +(3) Meets any of the following: +(A) Is accredited by the Accreditation Commission for Acupuncture and Oriental Medicine. +(B) Has been granted candidacy status by the Accreditation Commission for Acupuncture and Oriental Medicine. +(C) Has submitted a letter of intent to pursue accreditation to the Accreditation Commission for Acupuncture and Oriental Medicine within 30 days of receiving full institutional approval pursuant to paragraph (2), and is granted candidacy status within three years of the date that letter was submitted. +(b) Within 30 days after receiving curriculum pursuant to paragraph (1), the board shall review the curriculum, determine whether the curriculum satisfies the requirements established by the board, and notify the school or college, the Accreditation Commission for Acupuncture and Oriental Medicine, and Bureau of Private and Postsecondary Education of whether the board has approved the curriculum. +(c) This section shall become operative on January 1, 2017. +SEC. 2. +Section 4928 of the Business and Professions Code is amended to read: +4928. +(a) The Acupuncture Board, which consists of seven members, shall enforce and administer this chapter. +(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed. +(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. +SEC. 3. +Section 4934 of the Business and Professions Code is amended to read: +4934. +(a) The board, by and with the approval of the director, may appoint an executive officer who is exempt from the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). +(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed. +SEC. 4. +Section 4938 of the Business and Professions Code is amended to read: +4938. +(a) The board shall issue a license to practice acupuncture to any person who makes an application and meets the following requirements: +(1) Is at least 18 years of age. +(2) Furnishes satisfactory evidence of completion of one of the following: +(A) (i) An approved educational and training program. +(ii) If an applicant began his or her educational and training program at a school or college that submitted a letter of intent to pursue accreditation to, or attained candidacy status from, the Accreditation Commission for Acupuncture and Oriental Medicine, but the commission subsequently denied the school or college candidacy status or accreditation, respectively, the board may review and evaluate the educational training and clinical experience to determine whether to waive the requirements set forth in this subdivision with respect to that applicant. +(B) Satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board. +(C) In the case of an applicant who has completed education and training outside the United States, documented educational training and clinical experience that meets the standards established pursuant to Sections 4939 and 4941. +(3) Passes a written examination administered by the board that tests the applicant’s ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Professional Examination Services of the Department of Consumer Affairs. +(4) Is not subject to denial pursuant to Division 1.5 (commencing with Section 475). +(5) Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. The length of the clinical internship shall depend upon the grades received in the examination and the clinical training already satisfactorily completed by the individual prior to taking the examination. On and after January 1, 1987, individuals with 800 or more hours of documented clinical training shall be deemed to have met this requirement. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence. +(b) Each applicant who qualifies for a license shall pay, as a condition precedent to its issuance and in addition to other fees required, the initial licensure fee. +SEC. 5. +Section 4939 of the Business and Professions Code, as amended by Section 37 of Chapter 426 of the Statutes of 2015, is repealed. +SEC. 6. +Section 4939 is added to the Business and Professions Code, to read: +4939. +(a) For purposes of this chapter, “approved credential evaluation service” means an agency or organization that is approved by the board to evaluate education completed outside the United States and identify the equivalency of that education to education completed within the United States. +(b) If an applicant completes education outside of the United States, the applicant shall do both of the following: +(1) Submit documentation of his or her education to a board-approved credential evaluation service for evaluation. +(2) Have the results of the evaluation sent directly from the credential evaluation service to the board. +(c) If the board receives the results of an applicant’s evaluation pursuant to subdivision (b), the board shall examine the results and determine whether the applicant meets requirements for licensure. If the evaluated education is not sufficient to meet the requirements for licensure, the board may offer the applicant additional education, training, or standardized testing to satisfy the educational requirements. The board shall not require the applicant to complete education, training, or testing that is not otherwise required of applicants who complete education or training within the United States. +(d) The board shall establish, by regulation, an application process, criteria, and procedures for approval of credential evaluation services. The regulations shall, at a minimum, require the credential evaluation service to meet all of the following requirements: +(1) Furnish evaluations written in English directly to the board. +(2) Be a member of a nationally recognized foreign credential evaluation association, such as, but not limited to, the American Association of Collegiate Registrars and Admissions Officers or the National Association of Credential Evaluation Services. +(3) Undergo reevaluation by the board every five years. +(4) Certify to the board that the credential evaluation service maintains a complete set of reference materials as determined by the board. +(5) Base evaluations only upon verified authentic, official transcripts, and degrees. +(6) Have a written procedure for identifying fraudulent transcripts. +(7) Include in an evaluation report submitted to the board the specific method or methods of authentication for the transcripts, certification, degrees, and other education evaluated for the purposes of the report. +(8) Include in the evaluation report, for each degree held by the applicant, the equivalent degree offered in the United States, the date the degree was granted, the institution granting the degree, an English translation of the course titles, and the semester unit equivalence for each course. +(9) Have an appeal procedure for applicants. +(10) Provide information concerning the credential evaluation service to the board that includes, but is not limited to, resumes or curriculum vitae for each evaluator and translator, which includes biographical information, three letters of references from public or private agencies, statistical information on the number of applications processed annually for the past five years, and any other information the board may require to determine whether the credential evaluation service meets the standards under this subdivision and the board’s regulations. +(11) Provide to the board all information required by the board, including, but not limited to, the following: +(A) Its credential evaluation policy. +(B) A complete list of terminology and evaluation terms used in producing its credential evaluations. +(C) A detailed description of the specific methods utilized for credential authentication. +SEC. 7. +Section 4974 of the Business and Professions Code is amended to read: +4974. +The board shall report to the Controller at the beginning of each month for the month preceding the amount and source of all revenue received by it pursuant to this chapter, and shall pay the entire amount thereof to the Treasurer for deposit in the Acupuncture Fund, which fund is created to carry out the provisions of this chapter, upon appropriation by the Legislature.","Existing law, the Acupuncture Licensure Act, provides for the licensure and regulation of the practice of acupuncture by the Acupuncture Board, within the Department of Consumer Affairs. Existing law authorizes the board, with the approval of the Director of Consumer Affairs, to appoint an executive officer who is exempt from civil service. Existing law repeals the provisions establishing the board and authority for it to appoint an executive officer on January 1, 2017. +The bill would extend the operation of the board and the board’s authority to appoint an executive officer until January 1, 2019. +Existing law requires, among other things, the completion of an approved educational and training program in order to be issued a license to practice acupuncture. For purposes of the act, beginning January 1, 2017, existing law defines “approved educational and training program” as a school or college offering education and training in the practice of an acupuncturist who meets various requirements, including offering curriculum that includes specified hours of didactic and laboratory training and supervised clinical instruction. Existing law requires these programs to submit that curriculum to the board and to receive board approval of the curriculum. +This bill would provide that any school or college offering education and training in the practice of acupuncture that was approved by the board prior to January 1, 2017, is deemed to have had its curriculum approved by the board if its approval has not been revoked and it has not changed its curriculum since receiving board approval. +Beginning January 1, 2017, existing law requires the board to establish standards for the approval of educational training and clinical experience received outside the United States. +This bill would repeal that board requirement. The bill would instead require an applicant completing education outside of the United States to submit documentation of his or her education to a board approved credential evaluation service for evaluation and to have the results of the evaluation sent directly from the credential evaluation service to the board. The bill would require the board to examine the received results to determine if an applicant meets requirements for licensure and, if the evaluated education is not sufficient, would authorize the board to offer the applicant additional education, training, or testing, as specified. The bill would require the board to establish, by regulation, an application process, criteria, and procedures for approval of a credential evaluation service. The bill would require the regulations to, at a minimum, require the credential evaluation service to meet specified requirements. The bill would define, for these purposes, an “approved credential evaluation service” as an agency or organization that is approved by the board to evaluate education completed outside the United States and identify the equivalency of that education to education completed within the United States. The bill would also make nonsubstantive changes.","An act to amend Sections 4927.5, 4928, 4934, 4938, and 4974 of, and to repeal and add Section 4939 of, the Business and Professions Code, relating to healing arts." +1045,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1253.3 of the Unemployment Insurance Code is amended to read: +1253.3. +(a) Notwithstanding any other provision of this division, unemployment compensation benefits, extended duration benefits, and federal-state extended benefits are payable on the basis of service to which Section 3309(a)(1) of the Internal Revenue Code applies, in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject to this division, except as provided by this section. +(b) Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of a public entity, as defined by Section 605, with respect to service in an instructional, research, or principal administrative capacity for an educational institution are not payable to any individual with respect to any week which begins during the period between two successive academic years or terms or, when an agreement provides instead for a similar period between two regular but not successive terms, during that period, or during a period of paid sabbatical leave provided for in the individual’s contract, if the individual performs services in the first of the academic years or terms and if there is a contract or a reasonable assurance that the individual will perform services for any educational institution in the second of the academic years or terms. +(c) (1) Except as provided in paragraph (2), benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of a public entity, as defined by Section 605, with respect to service in any other capacity than specified in subdivision (b) for an educational institution shall not be payable to any individual with respect to any week which commences during a period between two successive academic years or terms if the individual performs the service in the first of the academic years or terms and there is a reasonable assurance that the individual will perform the service in the second of the academic years or terms. However, if the individual was not offered an opportunity to perform the services for an educational institution for the second of the academic years or terms, the individual shall be entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subdivision. Retroactive benefits shall be claimed in accordance with the department’s procedures which shall specify that except where the individual was entitled to benefits based on services performed for other than an educational institution, an individual who has a reasonable assurance of reemployment may satisfy the search for work requirement of subdivision (e) of Section 1253, by registering for work pursuant to subdivision (b) of Section 1253 during the period between the first and second academic terms or years. A claim for retroactive benefits may be made no later than 30 days following the commencement of the second academic year or term. +(2) Benefits specified by subdivision (a) are authorized for an employee of a public school, as defined in Section 22161 of the Education Code, for the period between two successive academic years or terms, as described in paragraph (1), as follows: +(A) Two weeks of benefits during 2017, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act. +(B) Four weeks of benefits during 2018, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act. +(C) Six weeks of benefits during 2019, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act. +(D) Eight weeks of benefits during 2020, and each year thereafter, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act. +(d) Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, with respect to services specified by subdivision (b) or (c), are not payable to any individual with respect to any week that commences during an established and customary vacation period or holiday recess if the individual performs the specified services in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess. +(e) With respect to any services specified by subdivision (b) or (c), compensation payable on the basis of services in that capacity may be denied as specified in subdivision (b), (c), or (d) to any individual who performed the services in an educational institution while in the employ of an educational service agency, and for this purpose the term “educational service agency” is defined as a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing the services to one or more educational institutions. +(f) Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, are not payable during the periods of time, and subject to the same conditions, contained in subdivisions (b), (c), (d), and (h), if the services are provided to, or on behalf of, an educational institution. +(g) For purposes of this section, “reasonable assurance” includes, but is not limited to, an offer of employment or assignment made by the educational institution, provided that the offer or assignment is not contingent on enrollment, funding, or program changes. An individual who has been notified that he or she will be replaced and does not have an offer of employment or assignment to perform services for an educational institution is not considered to have reasonable assurance. +(h) For purposes of this section, if the time for service performed during the period of and pursuant to any contract for any academic year or term by an individual for any employing unit as specified in subdivision (b) or (c) constitutes one-half or more of the time in total service performed for the employing unit by the individual during that same period for remuneration, all the services of the individual for the employing unit for that period shall be deemed subject to the benefit payment restriction provisions of this section. +(i) Any entity as defined by Section 605, with respect to any individual performing a service in any other capacity other than specified in subdivision (b) for an educational institution, shall provide a written statement indicating the following to the individual no later than 30 days before the end of the first of the academic years or terms: +(1) Whether or not there is a reasonable assurance of reemployment. +(2) Whether or not it is stated that the individual has no reasonable assurance of reemployment, that the individual should file a claim for benefits at the close of the academic year or term. +(3) If it is stated that the individual has reasonable assurance of reemployment, the written statement shall also inform the employee that he or she may file a claim for benefits and that the determination for eligibility for benefits is made by the Employment Development Department and not by the employer. +(4) If it is stated that the individual has reasonable assurance of reemployment, that the individual shall be entitled to a retroactive payment of benefits if the individual is not offered an opportunity to perform the services for the educational institution for the second of the academic years or terms, if the individual is otherwise eligible and he or she filed a claim for each week benefits are claimed, and if a claim for retroactive benefits is made no later than 30 days following the commencement of the second academic year or term.","Existing law provides for the payment of unemployment compensation benefits and extended duration benefits to eligible persons who meet specified requirements. Existing law prohibits the payment of unemployment benefits to educational institution employees of a public entity, as defined, including teachers, researchers, and administrators for the period between 2 academic years when there is a reasonable assurance that the employee will perform his or her regular services in the subsequent academic year, except as specified. Existing law similarly prohibits the payment of unemployment benefits to specified educational institution employees of a public entity other than teachers, researchers, or administrators between 2 academic years, except as specified, but provides a procedure for this 2nd category of educational employees, under certain conditions, to seek payment of retroactive unemployment benefits for the period between 2 academic years. Existing law requires specified notice regarding reasonable assurance of employment in the following academic term be sent to employees before the end of the current academic term. +This bill would delete the prohibition on the payment of unemployment benefits to education employees of a public school, other than teachers, researchers, and administrators, as specified, between 2 academic years. The bill would phase in up to 8 weeks of benefits available to those specified employees over a 4-year timeframe contingent on funds being appropriated for that purpose in the annual Budget Act. +Because this bill would expand the categories of people who could receive benefits from the Unemployment Fund, a continuously appropriated fund, it would make an appropriation.","An act to amend Section 1253.3 of the Unemployment Insurance Code, relating to unemployment insurance, and making an appropriation therefor." +1046,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 261.5 of the Penal Code is amended to read: +261.5. +(a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a “minor” is a person under 18 years of age and an “adult” is a person who is at least 18 years of age. +(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor. +(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. +(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. +(e) Notwithstanding any other provision of this section, a person who is guilty of a felony pursuant to subdivision (d) who holds a position of authority over the minor with whom he or she has engaged in an act of unlawful sexual intercourse, shall be punished by an additional term of imprisonment +in a county jail +for two years. +(1) For purposes of this subdivision, a person is in a “position of authority” if he or she, by reason of that position, is able to exercise undue influence over a minor. A “position of authority” includes, but is not limited to, a stepparent, foster parent, partner of the parent, caretaker, youth leader, recreational director, athletic manager, coach, teacher, counselor, therapist, religious leader, doctor, or employer of one of those aforementioned persons. +(2) For purposes of this subdivision, “undue influence” includes, but is not limited to, the use of affection, intimidation, coercion, or deceit, the taking, withholding, or bestowing of a reward or benefit, or the promise or threat to take, withhold, or bestow a benefit or reward. +(f) (1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts: +(A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars ($2,000). +(B) An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty not to exceed five thousand dollars ($5,000). +(C) An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty not to exceed ten thousand dollars ($10,000). +(D) An adult over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000). +(2) The district attorney may bring actions to recover civil penalties pursuant to this subdivision. From the amounts collected for each case, an amount equal to the costs of pursuing the action shall be deposited with the treasurer of the county in which the judgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventing underage pregnancy upon appropriation by the Legislature. +(3) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates this section with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. +SEC. 2. +Section 287 is added to the Penal Code, to read: +287. +(a) A person who is guilty of a felony violation of paragraph (2) of subdivision (b) of Section 286, paragraph (1) of subdivision (c) of Section 288, paragraph (2) of subdivision (b) of Section 288a, or subdivision (i) of Section 289, and who holds a position of authority over the minor victim, shall be punished by an additional term of imprisonment for two years. +(b) For purposes of this section, a person is in a “position of authority” if he or she, by reason of that position, is able to exercise undue influence over a minor. A “position of authority” includes, but is not limited to, a stepparent, foster parent, partner of the parent, youth leader, recreational director, athletic manager, coach, teacher, counselor, therapist, religious leader, doctor, employer, or employee of one of those aforementioned persons. +(c) For purposes of this section, “undue influence” includes, but is not limited to, the use of affection, intimidation, coercion, or deceit, the taking, withholding, or bestowing of a reward or benefit, or the promise or threat to take, withhold, or bestow a benefit or reward. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law provides various circumstances that constitute rape, which are punishable by imprisonment in the state prison for 3, 6, or 8 years, except as specified. +Existing law also prescribes circumstances that constitute unlawful sexual intercourse, some of which involve an adult perpetrator who engages in that unlawful intercourse with a minor, as specified. Unlawful sexual intercourse under those circumstances is punishable by imprisonment for 2, 3, or 4 years, and also may be subject to designated civil penalties or fines. Under existing law, any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to a specified provision of law for 2, 3, or 4 years. +This bill would subject any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age and is convicted of a felony to a sentence enhancement of 2 years, if the perpetrator holds a position of authority over the minor with whom he or she engaged in the act of unlawful sexual intercourse. By changing the penalty for the commission of unlawful sexual intercourse under the above circumstances, the bill would impose a state-mandated local program. +(2) Existing law makes it a crime for a person to engage in specified acts of a sexual nature with a minor, including lewd and lascivious conduct when the victim is a child of 14 or 15 years of age and the person is at least 10 years older, and sodomy, oral copulation, or sexual penetration of a minor under 16 years of age when the person is 21 years of age or older. +This bill would impose an additional term of 2 years when a person who is convicted of a felony violation of the above crimes is a person who holds a position of authority, as defined, over the minor victim. By increasing the penalty for a crime, the bill would impose a state-mandated local program. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 261.5 of, and to add Section 287 to, the Penal Code, relating to sexual offenses." +1047,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature that this act establish a Department of Customer Service, headed by a Director of Customer Service, that develops and implements strategies to improve the customer service experience, in various capacities, throughout the Government Operations Agency and state government. +SEC. 2. +Chapter 11 (commencing with Section 11999) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: +CHAPTER 11. Department of Customer Service +Article 1. Department of Customer Service +11999. +(a) There is in state government, within the Government Operations Agency, the Department of Customer Service. +(b) The Director of Customer Service shall serve as the head of the Department of Customer Service and shall be appointed by, and serve at the pleasure of, the Governor. +11999.5. +For purposes of this chapter, the following terms shall have the following meanings: +(a) “Agency” means the Government Operations Agency. +(b) “Department” means the Department of Customer Service. +(c) “Director” means the Director of Customer Service. +11999.10. +The director shall engage the agency to promote an understanding of customer service and ensure the agency is making administrative decisions that serve customer needs. +11999.15. +The director shall do all of the following: +(a) Advise the Governor on the strategic development and management of state customer service programs. +(b) Develop and manage a customer service program within the agency that captures both annual and transactional feedback in a unified and standardized platform to improve an understanding of customer service and allows the agency to take action on that data. +(c) Develop and implement the ideal customer experience for new and existing products and services provided by the agency. +(d) Develop and manage an employee program within the agency to capture and analyze employee feedback regarding customer service that fosters employee retention, recruitment, engagement, and productivity. +(e) Utilize both qualitative and quantitative customer feedback to identify best customer service practices for the agency. +(f) Develop a mechanism to give customers of the agency the opportunity to provide real-time feedback through the Internet, telephone, and in-person communication. +(g) Create a strong, customer-centric culture complete with accountability and ownership at all levels of the agency. +(h) Establish performance management and improvement processes to ensure state customer service and state customer service systems are efficient and effective. +(i) Consult with the Director of Technology, the Director of General Services, and the Director of Finance to establish customer service goals for state information technology. +(j) Develop and manage a strategy to improve the delivery of a positive customer service experience across information technology, human resources, and procurement functions of the agency. +(k) Improve organizational capacity in the effective management of customer service initiatives within the agency. +(l) Consult with the Secretary of Government Operations and the heads of entities within the agency to ensure the integration of customer service initiatives and compliance with information technology policies and standards for the effective management of information technology services within the agency. +11999.20 +The director shall supervise and manage the Office of Digital Services. +11999.25. +(a) On or before January 1, 2018, and annually thereafter, the director shall transmit a written report to the Director of Finance, in the manner directed by the Director of Finance, the cost savings achieved through improvements to customer service within the agency that were implemented by the department. +(b) Within 30 days of reporting to the Director of Finance as required by subdivision (a), the department shall transmit a copy of the report to the Joint Legislative Budget Committee, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Appropriations, and the Assembly Committee on Budget, or any successor committee. +11999.30. +The director, in consultation with the Director of Technology, shall produce an annual customer service strategic plan that shall guide state agencies and departments. State agencies shall cooperate with the development of this plan. +11999.35. +(a) The director shall annually prepare a written report on the customer service performance of the agency that includes, but is not limited to, an assessment on the progress of the agency on all of the following: +(1) Delivering improved customer service. +(2) Reducing and avoiding costs and risks associated with the acquisition, development, implementation, management, and operation of information technology assets. +(3) Enhancing the security, reliability, and quality of information technology networks, services, and systems. +(4) Improving the information technology procurement process. +(b) The director shall post the report required by subdivision (a) on the Internet Web site of the department. +11999.40. +All state entities shall reasonably cooperate with the requests of the director that relate to the duties of the director and the department.","Existing law establishes in state government the Government Operations Agency, headed by the Secretary of Government Operations. The secretary is required to review the operations and evaluate the performance of each department, office, or other unit within the agency and seek to continually improve, among other things, the operating policies and the management of information systems of those entities within the agency. The agency includes, among other state government entities, the Department of General Services and the Department of Technology. +This bill would establish, within the Government Operations Agency, the Department of Customer Service to be headed by a Director of Customer Service, who would be appointed by, and serve at the pleasure of, the Governor. The bill would require the director to engage the agency to promote an understanding of customer service and ensure the agency is making administrative decisions that serve customer needs. The bill would further require the director to, among other things, advise the Governor on the strategic development and management of state customer service programs, and consult with the Director of Technology, the Director of General Services, and the Director of Finance to establish customer service goals for state information technology. The bill would specifically require the director to annually report to the Director of Finance and specific committees of the Legislature regarding the cost savings achieved through improvements to customer service within the Government Operations Agency that were implemented by the department, and would further require the director to annually report on the customer service performance of the agency. The bill would require all state entities to reasonably cooperate with the requests of the director that relate to the duties of the director and the department. The bill would make related legislative findings.","An act to add Chapter 11 (commencing with Section 11999) to Part 1 of Division 3 of Title 2 of the Government Code, relating to state government." +1048,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California imports 91 percent of its natural gas, which is responsible for 25 percent of the state’s emissions of greenhouse gases. +(b) California made a commitment to address climate change with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and the adoption of a comprehensive strategy to reduce emissions of short-lived climate pollutants (Chapter 4.2 (commencing with Section 39730) of Part 2 of Division 26 of the Health and Safety Code). For California to meet its goals for reducing emissions of greenhouse gases and short-lived climate pollutants, the state must reduce emissions from the natural gas sector and increase the production and distribution of renewable and low-carbon gas supplies. +(c) Biomethane is gas generated from organic waste through anaerobic digestion, gasification, pyrolysis, or other conversion technology that converts organic matter to gas. Biomethane may be produced from multiple sources, including agricultural waste, forest waste, landfill gas, wastewater treatment byproducts, and diverted organic waste. +(d) Biomethane provides a sustainable and clean alternative to natural gas. If 10 percent of California’s natural gas use were to be replaced with biomethane use, emissions of greenhouse gases would be reduced by tens of millions of metric tons of carbon dioxide equivalent every year. +(e) Investing in biomethane would create cobenefits, including flexible generation of electricity from a renewable source that is available 24 hours a day, reduction of fossil fuel use, reduction of air and water pollution, and new jobs. +(f) Biomethane can also be used as transportation fuel or injected into natural gas pipelines for other uses. The most appropriate use of biomethane varies depending on the source, proximity to existing natural gas pipeline injection points or large vehicle fleets, and the circumstances of existing facilities. +(g) The biomethane market has been slow to develop in California because the collection, purification, and pipeline injection of biomethane can be costly. +(h) Biomethane is poised to play a key role in future natural gas and hydrogen fuel markets as a blendstock that can significantly reduce the carbon footprint of these two fossil-based alternative fuels. +(i) Biomethane is one of the most promising alternative vehicle fuels because it generates the least net emissions of greenhouse gases. According to the low-carbon fuel standard regulations (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations) adopted by the State Air Resources Board, vehicles running on biomethane generate significantly lower emissions of greenhouse gases than vehicles running on electricity or fossil fuel-derived hydrogen. +(j) The California Council on Science and Technology was established by California academic research institutions, including the University of California, the University of Southern California, the California Institute of Technology, Stanford University, and the California State University, and was organized as a nonprofit corporation pursuant to Section 501(c)(3) of the Internal Revenue Code, in response to Assembly Concurrent Resolution No. 162 (Resolution Chapter 148 of the Statutes of 1988). +(k) The California Council on Science and Technology was uniquely established at the request of the Legislature for the specific purpose of offering expert advice to state government on public policy issues significantly related to science and technology. +(l) It is in the public’s interests, and in the interest of ratepayers of the state’s gas corporations, that the policies and programs adopted by the Public Utilities Commission be guided by the best science reasonably available. +SEC. 2. +Section 39734 is added to the Health and Safety Code, to read: +39734. +(a) For purposes of this section, “biogas” has the same meaning as in Section 25420. +(b) To meet the state’s renewable energy, low-carbon fuel, and waste diversion goals, the state board, in coordination with the Public Utilities +Commission and State Energy Resources and Conservation Development +Commission, shall +consider and, as appropriate, +adopt +a policy +policies or programs +that +is +are +consistent with existing state policies and programs to increase the production and use of renewable gas, including biogas, generated by either of the following: +(1) An eligible renewable energy resource that meets the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). +(2) Direct solar energy. +(c) In adopting the policy described in subdivision (b), the state board shall ensure that eligible renewable gas provides direct benefits to the state’s environment by reducing or avoiding all of the following: +(1) Emissions of criteria pollutants. +(2) Emissions that adversely affect the waters of the state. +(3) Nuisances associated with the emission of odors. +SEC. 3. +Section 784.1 is added to the +Public Utilities Code +, to read: +784.1. +(a)The Legislature requests that the California Council on Science and Technology undertake and complete a study analyzing the regional and gas corporation specific issues relating to minimum heating value and maximum siloxane specifications for biomethane before it can be injected into common carrier gas pipelines, including those specifications adopted in Sections 4.4.3.3 and 4.4.4 of commission Decision 14-01-034 (January 16, 2014), Decision Regarding the Biomethane Implementation Tasks in Assembly Bill 1900. The study shall consider and evaluate other states’ standards, the source of biomethane, the dilution of biomethane after it is injected into the pipeline, the equipment and technology upgrades required to meet the minimum heating value specifications, including the impacts of those specifications on the cost, volume of biomethane sold, equipment operation, and safety. The study shall also consider whether different sources of biogas should have different standards or if all sources should adhere to one standard for the minimum heating value and maximum permissible level of siloxanes. The study shall develop the best science reasonably available and not merely be a literature review. In order to meet the state’s goals for reducing emissions of greenhouse gases and short-lived climate pollutants and the state’s goals for promoting the use of renewable energy resources in place of burning fossil fuels, the California Council on Science and Technology, if it agrees to undertake and complete the study, shall complete the study within nine months of entering into a contract to undertake and complete the study. +(b)(1)If the California Council on Science and Technology agrees to undertake and complete the study pursuant to subdivision (a), the commission shall require each gas corporation operating common carrier pipelines in California to proportionately contribute to the expenses to undertake the study pursuant to Sections 740 and 740.1. The commission may modify the monetary incentives made available pursuant to commission Decision 15-06-029 (June 11, 2015), Decision Regarding the Costs of Compliance with Decision 14-01-034 and Adoption of Biomethane Promotion Policies and Program, to allocate some of the moneys that would be made available for incentives to instead be made available to pay for the costs of the study so as to not further burden ratepayers with additional expense. +(2)The commission’s authority pursuant to paragraph (1) shall apply notwithstanding whether the gas corporation has proposed the program pursuant to Section 740.1. +(c)If the California Council on Science and Technology agrees to undertake and complete the study pursuant to subdivision (a), within six months of its completion, the commission shall reevaluate its requirements and standards adopted pursuant to Section 25421 of the Health and Safety Code relative to the requirements and standards for biomethane to be injected into common carrier pipelines and, if appropriate, change those requirements and standards or adopt new requirements and standards, giving due deference to the conclusions and recommendations made in the study by the California Council on Science and Technology. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1)The +The +California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this program. The act requires the state board to adopt a statewide greenhouse gas emissions limit, as defined, to be achieved by 2020 equivalent to the statewide greenhouse gas emissions level in 1990. Existing law requires the state board to complete a comprehensive strategy to reduce emissions of short-lived climate pollutants, as defined, in the state. +Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations. The California Renewables Portfolio Standard Program requires the Public Utilities Commission to establish a renewables portfolio standard requiring all retail sellers, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, at specified percentages of the total kilowatthours sold to their retail end-use customers during specified compliance periods. +This bill would require the state board, in coordination with the Public Utilities +Commission and State Energy Resources and Conservation Development +Commission, to +consider and, as appropriate, +adopt a policy +or programs +to increase the production and use of renewable gas, as specified, generated by either an eligible renewable energy resource that meets the requirements of the California Renewables Portfolio Standard Program or direct solar energy, as specified. +(2)Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law authorizes certain public utilities, including gas corporations, to propose research and development programs and authorizes the commission to allow inclusion of expenses for research and development in the public utility’s rates. Existing law requires the commission to consider specified guidelines in evaluating the research, development, and demonstration programs proposed by gas corporations. +The California Renewables Portfolio Standard Program requires the commission to adopt policies and programs that promote the in-state production and distribution of biomethane. Existing law requires the commission to adopt, by rule or order, (1) standards for biomethane that specify the concentrations of constituents of concern that are reasonably necessary to protect public health and ensure pipeline integrity and safety, as specified, and (2) requirements for monitoring, testing, reporting, and recordkeeping, as specified. Existing law requires a gas corporation to comply with those standards and requirements and requires that gas corporation tariffs condition access to common carrier pipelines on the applicable customer meeting those standards and requirements. +This bill would request the California Council on Science and Technology to undertake and complete a study analyzing the regional and gas corporation specific issues relating to minimum heating value and maximum siloxane specifications adopted by the commission for biomethane before it can be injected into common carrier gas pipelines. If the California Council on Science and Technology agrees to undertake and complete the study, the bill would require each gas corporation operating common carrier pipelines in California to proportionately contribute to the expenses to undertake the study with the cost recoverable in rates. The bill would authorize the commission to modify certain available monetary incentives to allocate some of the incentive moneys to pay for the costs of the study so as to not further burden ratepayers with additional expense. If the California Council on Science and Technology agrees to undertake and complete the study, the bill would require the commission, within 6 months of its completion, to reevaluate requirements and standards adopted for injection of biomethane into common carrier pipelines and, if appropriate, change those requirements and standards or adopt new requirements and standards, giving due deference to the conclusions and recommendations made in the study. +(3)Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. +Because certain provisions of the bill would be a part of the act and a violation of an order or decision of the commission implementing its requirements would be a crime, this bill would impose a state-mandated local program by creating a new crime. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 39734 to the Health and Safety Code, +and to add Section 784.1 to the Public Utilities Code, +relating to energy." +1049,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 89711 of the Education Code is amended to read: +89711. +(a) Except as provided for in subdivision (b), a California State University campus-based mandatory fee, other than a student success fee as defined in Section 89712, established through an affirmative vote of the majority of the student body voting on the fee, but not specifically authorized by statute, shall not be reallocated without an affirmative vote of a majority of the members of either the student body or a campus fee advisory committee established under the policies of the California State University voting on the fee reallocation. +(b) A California State University campus-based mandatory fee, other than a student success fee as defined in Section 89712, established through an affirmative vote of the majority of the student body voting on the fee, but not specifically authorized by statute, may be reallocated without an affirmative vote of a majority of the members of either the student body or a campus fee advisory committee voting on the fee if the vote that established the fee authorized an alternative or automatic reallocation mechanism for that fee. +(c) This section shall not apply to campus-based fees approved prior to the enactment of this section. +SEC. 2. +Section 89712 of the Education Code, as added by Section 2 of Chapter 636 of the Statutes of 2015, is amended to read: +89712. +(a) (1) Neither a campus of the California State University nor the Chancellor of the California State University shall approve a new student success fee or an increase to an existing student success fee, as defined in subdivision (g), before all of the following requirements are satisfied: +(A) The campus undertakes a rigorous consultation process that informs and educates students on the uses, impact, and cost of any proposed student success fee or student success fee increase. +(B) The campus informs its students of all of the following circumstances, +each of +which shall apply to these fees: +(i) That, except as provided in clauses (ii) and (iii), a student success fee may be rescinded by a majority vote of the students, as specified in subdivision (c). +(ii) That a student success fee may not be rescinded earlier than six years following the vote to implement the fee. +(iii) If any portion of the student success fee is committed to support a long-term obligation, that portion of the fee may not be rescinded until the obligation has been satisfied. +(C) The campus shall hold a binding student election on the implementation of any proposed student success fees, or any increase to an existing student success fee, and two-thirds of the student body voting on the fee must vote affirmatively. +(2) Implementation of a fee supported by two-thirds of the campus student body voting on the fee is contingent upon the final approval of the Chancellor of the California State University. +(3) A student success fee proposal may not be brought before the student body more frequently than once per academic year. +(b) A student success fee in place on January 1, 2016, may be rescinded by a binding student vote under the procedures authorized in subdivision (c) only after at least six years have elapsed following the implementation of the fee. +(c) (1) Student success fees may be rescinded with a binding student vote wherein a simple majority of those students voting vote to rescind the fee. The student vote shall comply with all of the following: +(A) A campus decision to vote is formally approved by the recognized student government. +(B) Rescission vote proposals shall not be brought before the student body more frequently than once per academic year. +(C) In the process of reconsidering a student success fee, and before the student vote occurs, the students shall be informed, if a portion of the fee is supporting a long-term obligation, the dollar amount of that portion, and the date on which the long-term obligation would be satisfied. +(2) No new contractual or other obligation that would be supported by the rescinded student success fee may be entered into following a vote to rescind the fee. +(d) The Chancellor of the California State University shall ensure that all of the following occur on each campus: +(1) There is majority student representation in campus student success fee allocation oversight groups. +(2) There is an annual report from each campus to the chancellor on student success fees. +(3) There is uniform, transparent, online accountability in the decisionmaking process for, and a detailed accounting of, the allocation of student success fees. +(e) The Chancellor of the California State University shall establish appropriate reporting procedures to ensure that a campus is in compliance with the requirements of this section. +(f) The +chancellor +Chancellor of the California State University +shall report, by December 1 of each year, to the Department of Finance, and the Legislature pursuant to Section 9795 of the Government Code, a summary of the fees adopted or rescinded in the prior academic year, and the uses of proposed and currently implemented fees. +(g) For purposes of this section, a “student success fee” is a type of category II campus-based mandatory fee that is required to be paid by a student before that student may enroll or attend a campus of the California State University, as determined by that campus or the Chancellor of the California State University.","Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. Existing law authorizes the trustees by rule to require all persons to pay fees, rents, deposits, and charges for services, facilities, or materials provided by the trustees to those persons. Existing law prohibits specified California State University campus-based mandatory fees from being reallocated without an affirmative vote of the majority of the members of either the student body or a specified campus fee advisory committee voting on the fee reallocation, unless the vote that established the fee authorizes an alternative or automatic reallocation mechanism for that fee. +Existing law prohibits a campus of the California State University, or the Chancellor of the California State University, from imposing a student success fee, as defined, unless certain requirements are met. Among these requirements is an affirmative vote of a majority of the student body voting at a binding student election. +This bill would increase the affirmative vote required for the imposition of a student success fee from a majority to +2/3 +of the student body voting on that proposed fee. The bill would also make a technical conforming change in a related provision.","An act to amend Sections 89711 and 89712 of the Education Code, relating to the California State University." +1050,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 488.080 of the Code of Civil Procedure is amended to read: +488.080. +(a) A registered process server may levy under a writ of attachment on the following types of property: +(1) Real property, pursuant to Section 488.315. +(2) Growing crops, timber to be cut, or minerals or the like, including oil and gas, to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, pursuant to Section 488.325. +(3) Personal property in the custody of a levying officer, pursuant to Section 488.355. +(4) Equipment of a going business, pursuant to Section 488.375. +(5) Motor vehicles, vessels, mobilehomes, or commercial coaches used as equipment of a going business, pursuant to Section 488.385. +(6) Farm products or inventory of a going business, pursuant to Section 488.405. +(7) Personal property used as a dwelling, pursuant to subdivision (a) of Section 700.080. +(8) Deposit accounts, pursuant to Section 488.455. +(9) Property in a safe-deposit box, pursuant to Section 488.460. +(10) Accounts receivable or general intangibles, pursuant to Section 488.470. +(11) Final money judgments, pursuant to Section 488.480. +(12) Interest of a defendant in personal property in the estate of a decedent, pursuant to Section 488.485. +(b) Before levying under the writ of attachment, the registered process server shall cause to be deposited with the levying officer a copy of the writ and the fee, as provided by Section 26721 of the Government Code. +(c) If a registered process server levies on property pursuant to subdivision (a), the registered process server shall do both of the following: +(1) Comply with the applicable levy, posting, and service provisions of Article 2 (commencing with Section 488.300). +(2) Request any third person served to give a garnishee’s memorandum to the levying officer in compliance with Section 488.610 on a form provided by the registered process server. +(d) Within five court days after levy under this section, all of the following shall be filed with the levying officer: +(1) The writ of attachment. +(2) A proof of service by the registered process server stating the manner of levy performed. +(3) Proof of service of the copy of the writ and notice of attachment on other persons, as required by Article 2 (commencing with Section 488.300). +(4) Instructions in writing, as required by the provisions of Section 488.030. +(e) If the fee provided by Section 26721 of the Government Code has been paid, the levying officer shall perform all other duties under the writ as if the levying officer had levied under the writ and shall return the writ to the court. If the registered process server does not comply with subdivisions (b) and (d), the levy is ineffective and the levying officer shall not be required to perform any duties under the writ, and may issue a release for any property sought to be attached. The levying officer is not liable for actions taken in conformance with the provisions of this title in reliance on information provided to the levying officer under subdivision (d), except to the extent that the levying officer has actual knowledge that the information is incorrect. Nothing in this subdivision limits any liability the plaintiff or registered process server may have if the levying officer acts on the basis of incorrect information provided under subdivision (d). +(f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5. +SEC. 2. +Section 699.080 of the Code of Civil Procedure is amended to read: +699.080. +(a) A registered process server may levy under a writ of execution on the following types of property: +(1) Real property, pursuant to Section 700.015. +(2) Growing crops, timber to be cut, or minerals or the like including oil and gas, to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, pursuant to Section 700.020. +(3) Personal property in the custody of a levying officer, pursuant to Section 700.050. +(4) Personal property used as a dwelling, pursuant to subdivision (a) of Section 700.080. +(5) Deposit accounts, pursuant to Section 700.140. +(6) Property in a safe-deposit box, pursuant to Section 700.150. +(7) Accounts receivable or general intangibles, pursuant to Section 700.170. +(8) Final money judgments, pursuant to Section 700.190. +(9) Interest of a judgment debtor in personal property in the estate of a decedent, pursuant to Section 700.200. +(b) Before levying under the writ of execution, the registered process server shall cause to be deposited with the levying officer a copy of the writ and the fee, as provided by Section 26721 of the Government Code. +(c) If a registered process server levies on property pursuant to subdivision (a), the registered process server shall do both of the following: +(1) Comply with the applicable levy, posting, and service provisions of Article 4 (commencing with Section 700.010). +(2) Request any third person served to give a garnishee’s memorandum to the levying officer in compliance with Section 701.030 on a form provided by the registered process server. +(d) Within five court days after levy under this section, all of the following shall be filed with the levying officer: +(1) The writ of execution. +(2) A proof of service by the registered process server stating the manner of levy performed. +(3) Proof of service of the copy of the writ and notice of levy on other persons, as required by Article 4 (commencing with Section 700.010). +(4) Instructions in writing, as required by the provisions of Section 687.010. +(e) If the fee provided by Section 26721 of the Government Code has been paid, the levying officer shall perform all other duties under the writ as if the levying officer had levied under the writ and shall return the writ to the court. If the registered process server does not comply with subdivisions (b) and (d), the levy is ineffective and the levying officer shall not be required to perform any duties under the writ, and may issue a release for any property sought to be levied upon. +(f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5. +(g) A registered process server may levy more than once under the same writ of execution, provided that the writ is still valid. +SEC. 3. +Section 706.108 of the Code of Civil Procedure is amended to read: +706.108. +(a) If a writ of execution has been issued to the county where the judgment debtor’s employer is to be served and the time specified in subdivision (b) of Section 699.530 for levy on property under the writ has not expired, a judgment creditor may deliver an application for issuance of an earnings withholding order to a registered process server who may then issue an earnings withholding order. +(b) If the registered process server has issued the earnings withholding order, the registered process server, before serving the earnings withholding order, shall cause to be deposited with the levying officer a copy of the writ of execution, the application for issuance of an earnings withholding order, a copy of the earnings withholding order, and the fee, as provided by Section 26750 of the Government Code. +(c) A registered process server may serve an earnings withholding order on an employer whether the earnings withholding order was issued by a levying officer or by a registered process server, but no earnings withholding order may be served after the time specified in subdivision (b) of Section 699.530. In performing this function, the registered process server shall serve upon the designated employer all of the following: +(1) The original and one copy of the earnings withholding order. +(2) The form for the employer’s return. +(3) The notice to the employee of the earnings withholding order. +(4) A copy of the form that the judgment debtor may use to make a claim of exemption. +(5) A copy of the form the judgment debtor may use to provide a financial statement. +(6) A copy of the employer’s instructions referred to in Section 706.127, except as otherwise prescribed in rules adopted by the Judicial Council. +(d) Within five court days after service under this section, all of the following shall be filed with the levying officer: +(1) The writ of execution, if it is not already in the hands of the levying officer. +(2) Proof of service on the employer of the papers listed in subdivision (c). +(3) Instructions in writing, as required by the provisions of Section 687.010. +(e) If the fee provided by Section 26750 of the Government Code has been paid, the levying officer shall perform all other duties required by this chapter as if the levying officer had served the earnings withholding order. If the registered process server does not comply with subdivisions (b), where applicable, and (d), the service of the earnings withholding order is ineffective and the levying officer shall not be required to perform any duties under the order, and may terminate the order and release any withheld earnings to the judgment debtor. +(f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5.","Existing law establishes a process for the enforcement of money judgments, and authorizes a registered process server to levy under a writ of attachment or writ of execution on specified types of property. Existing law requires the registered process server, before levying under the writ, to deposit a copy of the writ with the levying officer and pay a specified fee. Existing law also permits a registered process server to serve an earnings withholding order on an employer and requires that the process server deposit specified documents with the levying officer and pay a specified fee. +This bill would provide that the registered process server is authorized to have the required documents and fee delivered to the levying officer by someone other than the process server himself or herself.","An act to amend Sections 488.080, 699.080, and 706.108 of the Code of Civil Procedure, relating to civil procedure." +1051,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 48900 of the Education Code is amended to read: +48900. +A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive: +(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person. +(2) Willfully used force or violence upon the person of another, except in self-defense. +(b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal. +(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind. +(d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant. +(e) Committed or attempted to commit robbery or extortion. +(f) Caused or attempted to cause damage to school property or private property. +(g) Stole or attempted to steal school property or private property. +(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of his or her own prescription products. +(i) Committed an obscene act or engaged in habitual profanity or vulgarity. +(j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code. +(k) (1) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. +(2) Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended for any of the acts enumerated in this subdivision, and this subdivision shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. This paragraph shall become inoperative on July 1, 2018, unless a later enacted statute that becomes operative before July 1, 2018, deletes or extends that date. +(l) Knowingly received stolen school property or private property. +(m) Possessed an imitation firearm. As used in this section, “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. +(n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code. +(o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both. +(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. +(q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, “hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, “hazing” does not include athletic events or school-sanctioned events. +(r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings: +(1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following: +(A) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property. +(B) Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health. +(C) Causing a reasonable pupil to experience substantial interference with his or her academic performance. +(D) Causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school. +(2) (A) “Electronic act” means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following: +(i) A message, text, sound, video, or image. +(ii) A post on a social network Internet Web site, including, but not limited to: +(I) Posting to or creating a burn page. “Burn page” means an Internet Web site created for the purpose of having one or more of the effects listed in paragraph (1). +(II) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated. +(III) Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile. +(B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet. +(3) “Reasonable pupil” means a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs. +(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following: +(1) While on school grounds. +(2) While going to or coming from school. +(3) During the lunch period whether on or off the campus. +(4) During, or while going to or coming from, a school-sponsored activity. +(t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a). +(u) As used in this section, “school property” includes, but is not limited to, electronic files and databases. +(v) For a pupil subject to discipline under this section, a superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupil’s specific misbehavior as specified in Section 48900.5. +(w) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities. +SEC. 1.5. +Section 48900 of the Education Code is amended to read: +48900. +A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive: +(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person. +(2) Willfully used force or violence upon the person of another, except in self-defense. +(b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal. +(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind. +(d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant. +(e) Committed or attempted to commit robbery or extortion. +(f) Caused or attempted to cause damage to school property or private property. +(g) Stole or attempted to steal school property or private property. +(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of his or her own prescription products. +(i) Committed an obscene act or engaged in habitual profanity or vulgarity. +(j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code. +(k) (1) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. +(2) Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended for any of the acts enumerated in this subdivision, and this subdivision shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. This paragraph shall become inoperative on July 1, 2018, unless a later enacted statute that becomes operative before July 1, 2018, deletes or extends that date. +(l) Knowingly received stolen school property or private property. +(m) Possessed an imitation firearm. As used in this section, “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. +(n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code. +(o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both. +(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. +(q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, “hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, “hazing” does not include athletic events or school-sanctioned events. +(r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings: +(1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following: +(A) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property. +(B) Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health. +(C) Causing a reasonable pupil to experience substantial interference with his or her academic performance. +(D) Causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school. +(2) (A) “Electronic act” means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following: +(i) A message, text, sound, video, or image. +(ii) A post on a social network Internet Web site, including, but not limited to: +(I) Posting to or creating a burn page. “Burn page” means an Internet Web site created for the purpose of having one or more of the effects listed in paragraph (1). +(II) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated. +(III) Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile. +(iii) An act of cyber sexual bullying. +(I) For purposes of this clause, “cyber sexual bullying” means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described above, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act. +(II) For purposes of this clause, “cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities. +(B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet. +(3) “Reasonable pupil” means a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs. +(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following: +(1) While on school grounds. +(2) While going to or coming from school. +(3) During the lunch period whether on or off the campus. +(4) During, or while going to or coming from, a school-sponsored activity. +(t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a). +(u) As used in this section, “school property” includes, but is not limited to, electronic files and databases. +(v) For a pupil subject to discipline under this section, a superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupil’s specific misbehavior as specified in Section 48900.5. +(w) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities. +SEC. 2. +Section 1.5 of this bill incorporates amendments to Section 48900 of the Education Code proposed by both this bill and Assembly Bill 2536. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 48900 of the Education Code, and (3) this bill is enacted after Assembly Bill 2536, in which case Section 1 of this bill shall not become operative.","(1) Existing law prohibits the suspension, or recommendation for expulsion, of a pupil from school unless the superintendent of the school district or the principal of the school determines that the pupil has committed any of various specified acts, including, but not limited to, engaging in an act of bullying by means of an electronic act. Existing law defines “electronic act” as the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, a message, text, sound, or image, or a post on a social network Internet Web site. +This bill would expressly include a video within the definition of what constitutes an electronic act. +(2) This bill would incorporate additional changes to Section 48900 of the Education Code proposed by AB 2536 that would become operative if this bill and AB 2536 are both enacted and this bill is enacted last.","An act to amend Section 48900 of the Education Code, relating to pupils." +1052,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 66406.7 of the Education Code is amended to read: +66406.7. +(a) This section shall be known and may be cited as the College Textbook Transparency Act. +(b) As used in this section, the following terms have the following meanings: +(1) “Adopter” means any faculty member or academic department or other adopting entity at an institution of higher education responsible for considering and choosing course materials to be used in connection with the accredited courses taught at that institution. +(2) “Complimentary copies” or “review course materials” only includes books that in all appearances are the same as the regular student edition of the textbook, and contain no material other than that found in the regular student edition of the textbook. +(3) “Instructor copies” or “complimentary teacher editions” means books with information that is meant to be for the exclusive use of teachers and not for students. These books contain answers and solutions, test questions, and pedagogical techniques, and are often labeled instructor’s edition or instructor’s manuals. +(4) “New edition of textbook” means a subsequent version of an earlier standard textbook. A standard textbook is the primary, full, and unabridged edition of a textbook. An abridged, alternate format, or alternate version of a standard textbook shall not be considered a new edition. +(5) “Publisher” means any publishing house, publishing firm, or publishing company that publishes textbooks or other course materials, specifically designed for postsecondary instruction. +(6) “Textbook” means a book that contains printed material and is intended for use as a source of study material for a class or group of students, a copy of which is expected to be available for the use of each of the students in that class or group. “Textbook” does not include a novel. +(7) “Unsolicited complimentary copies” means all items described in paragraph (2) and that were not requested by faculty but are sent by the publisher unsolicited by a faculty or staff member. +(c) (1) Adopters are encouraged to consider cost in the adoption of textbooks. +(2) Publishers shall facilitate the work done by adopters by providing transparency in the adoption process and shall be responsive in a timely manner to requests for information on textbook cost and content, and the full range of options. +(d) (1) On or after January 1, 2010, the publisher of a textbook shall print on the outer cover of, or within, the standard textbook, both of the following items: +(A) For any new editions of textbooks initially published on or after January 1, 2010, a summary of the substantive content differences between the new edition and the prior edition. +(B) The copyright date of the previous edition of the textbook. +(2) For instructor copies or complimentary teacher editions, it shall be noted on the exterior of the book that the book is an instructor’s copy and is not for resale. +(e) (1) A publisher, or agent or employee of a publisher, of textbooks intended for use at a postsecondary educational institution shall respond to a request from an adopter for any of the following: +(A) A list of the products offered for sale by that publisher that are relevant to the needs and interests of adopters. +(B) The price at which the new book is available from the publisher. +(C) The copyright date of any prior edition of a textbook, if available. +(D) A list of the substantial content differences or changes made between the current edition initially published on or after January 1, 2010, and the previous edition of the textbook, including, but not necessarily limited to, new chapters, additional eras of time, new themes, or new subject matter. +(2) The information described in this subdivision shall be available in print or electronically to the adopter. +(f) Each campus bookstore at any public postsecondary educational institution shall post in its store or on its Internet Web site a disclosure of its retail pricing policy on new and used textbooks. +(g) Each public postsecondary educational institution shall encourage adopters with course material selection responsibilities to place their orders with sufficient lead time, whenever possible, to enable the university-managed bookstore or contract-managed bookstore to confirm the availability of the requested materials. +(h) This section does not limit the authority of faculty over decisions relating to the selection of textbooks. +(i) An adopter at an institution of higher education shall not demand or receive anything of value, including the donation of equipment or goods, any payment, loan, advance, or deposit of money, present or promised, for adopting specific course materials required for coursework or instruction, except that an employee may receive any of the following: +(1) Complimentary copies, review course materials, or instructor copies. The adopters shall not sell instructor copies. +(2) Royalties or other compensation from sales of course materials that include the instructor’s writing or other work. Receipt of these royalties or compensation is subject to the employer’s standing policies or collective bargaining agreements relating to employee conflicts of +interest. +interest and, with respect to faculty members of the California State University and the California Community Colleges, subject to the requirements of Section 66407.3. +(3) Honoraria for academic peer review of course materials. Receipt of honoraria is subject to the employer’s standing policies relating to employee conflicts of interest. +(4) Training in the use of course materials and course technologies. Payment for travel and lodging and or meals shall be subject to the employer’s standing polices relating to employee conflicts of interest and compensation. +(j) A publisher or campus bookstore shall not solicit faculty for the purpose of the sale of instructor copies or complimentary teachers editions of textbooks that have been provided by a publisher at no charge to a faculty member or other employee. This subdivision does not apply to unsolicited complimentary copies. +(k) A campus bookstore shall not engage in any trade of any course material marked, or otherwise identified, as instructor copies or complementary teachers editions of textbooks. +(l) Any self-published textbook by an instructor for use with that instructor’s class shall be exempt from this section, if the instructor discloses the publishing and use of those materials to his or her employer institution. +SECTION 1. +SEC. 2. +Section 66407.3 is added to the Education Code, to read: +66407.3. +(a) The Trustees of the California State University and the governing board of each community college district shall, and the Regents of the University of California are requested to, require its faculty members to annually disclose, on or before April 15, 2017, and on or before April 15 of each year thereafter, on a form and in a manner to be determined by the trustees, the governing board, or the regents, as appropriate, all of the income he or she received in the immediately preceding calendar year from a publisher, periodical, or provider of online content for royalties, advances, consulting services, or for any other purpose. +A faculty member to whom this section is applicable shall be required to file a form even if he or she has no disclosable income in the calendar year. A faculty member shall file the form required by this section under penalty of perjury. +(b) The trustees, community college district governing boards, and regents shall ensure that the information provided by the faculty members pursuant to subdivision (a) is available to the public on the Internet Web site of the institution at which the faculty members teach. The information provided by an individual faculty member pursuant to this section shall remain available on the Internet Web site for as long as that individual is employed as a teacher at that institution. +(c) The trustees, community college district governing board, and the regents, as appropriate, may require, with proper notice and an opportunity for a hearing, a faculty member who does not file the information required pursuant to this section in a timely manner to pay an administrative fine of up to +25 percent of the unreported income or five thousand dollars ($5,000), whichever is smaller. +fifty dollars ($50). +The proceeds of any administrative fines +collected +pursuant to this subdivision shall be collected by the trustees or by a community college district governing board, as appropriate, and shall be deposited in a fund for allocation pursuant to subdivision (d). +(d) (1) The trustees shall deposit the proceeds of administrative fines collected pursuant to subdivision (c) into the California State University Faculty Royalty Disclosure Fund, which is hereby established. Notwithstanding Section 13340 of the Government Code, the moneys in the California State University Faculty Royalty Disclosure Fund are continuously appropriated to the trustees for allocation for expenditure for general educational purposes at the campus at which the faculty member who was assessed the fine is employed. +(2) The governing board of a community college district is authorized to expend the proceeds of any administrative fines collected pursuant to subdivision (c) for general educational purposes at the campus at which the faculty member who was assessed the fine is employed. +(3) The regents are requested to allocate the proceeds of any administrative fines collected pursuant to subdivision (c) in a manner similar to that described in paragraph (1). +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII   B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII   B of the California Constitution. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law, known as the Donahoe Higher Education Act, sets forth the missions and functions of the segments of postsecondary education in this state. The California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and the University of California, under the administration of the Regents of the University of California, constitute the 3 segments of public postsecondary education in this state. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by appropriate resolution, to make those provisions applicable. +An existing chapter of the Donahoe Higher Education Act relates to the use of academic materials, and provides that a court of competent jurisdiction is authorized to grant relief that is necessary to enforce the provisions of this chapter, including through the issuance of an injunction. +This chapter also includes the College Textbook Transparency Act which, among other things, provides that certain faculty members, defined as adopters, are authorized to receive royalties or other compensation from sales of course materials that include the instructor’s writing or other work, subject to the employer’s standing policies or collective bargaining agreements relating to employee conflicts of interest. +This bill would add to this chapter a provision that requires the trustees and the governing board of each community college district, and requests the regents, to require their faculty members to annually disclose, on or before April 15, 2017, and on or before April 15 of each year thereafter, on a form and in a manner to be determined by the trustees, the governing board, or the regents, as appropriate, all of the income he or she received in the immediately preceding calendar year from a publisher, periodical, or provider of online content for royalties, advances, consulting services, or for any other purpose. +The bill would require faculty members to whom the bill is applicable to file a form even if they have no disclosable income in the calendar year. The bill would require that these forms be filed under penalty of perjury, thereby imposing a state-mandated local program by expanding the scope of the crime of perjury. +The bill would require that the information provided by the faculty members under this bill be available to the public on the Internet Web site of the institution at which the faculty members teach, as specified. The bill would authorize the trustees, community college governing boards, or regents to require a faculty member who does not file the information required under this bill in a timely manner to pay an administrative fine of up to +25% of the unreported income or $5,000, whichever is smaller, +$50, +as specified. +The bill would authorize the trustees and the community college district governing boards to expend the proceeds of these fines for general educational purposes at the campuses at which the faculty members who were assessed the fines were employed. With respect to the California State University, the bill would establish the California State University Faculty Royalty Disclosure Fund as a continuously appropriated fund for the deposit of fine proceeds and their allocation to the appropriate campuses. The bill would request the regents to allocate the proceeds of any administrative fines they collect pursuant to the bill in a manner similar to that described for the California State University. +To the extent that this provision would impose new duties on community college districts, this bill would constitute a state-mandated local program. +(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to +amend Section 66406.7 of, and to +add Section 66407.3 +to +to, +the Education Code, relating to public postsecondary education, and making an appropriation therefor." +1053,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 8880.5 of the Government Code is amended to read: +8880.5. +Allocations for education: +The California State Lottery Education Fund is created within the State Treasury, and is continuously appropriated for carrying out the purposes of this chapter. The Controller shall draw warrants on this fund and distribute them quarterly in the following manner, provided that the payments specified in subdivisions (a) to (g), inclusive, shall be equal per capita amounts. +(a) (1) Payments shall be made directly to public school districts, including county superintendents of schools, serving kindergarten and grades 1 to 12, inclusive, or any part thereof, on the basis of an equal amount for each unit of average daily attendance, as defined by law and adjusted pursuant to subdivision (l). +(2) For purposes of this paragraph, in each of the 2008–09, 2009–10, 2010–11, 2011–12, 2012–13, 2013–14, and 2014–15 fiscal years, the number of units of average daily attendance in each of those fiscal years for programs for public school districts, including county superintendents of schools, serving kindergarten and grades 1 to 12, inclusive, shall include the same amount of average daily attendance for classes for adults and regional occupational centers and programs used in the calculation made pursuant to this subdivision for the 2007–08 fiscal year. +(b) Payments shall also be made directly to public school districts serving community colleges, on the basis of an equal amount for each unit of average daily attendance, as defined by law. +(c) Payments shall also be made directly to the Board of Trustees of the California State University on the basis of an amount for each unit of equivalent full-time enrollment. Funds received by the trustees shall be deposited in and expended from the California State University Trust Fund or, at the discretion of the trustees, deposited in local trust accounts in accordance with subdivision (j) of Section 89721 of the Education Code. +(d) Payments shall also be made directly to the Regents of the University of California on the basis of an amount for each unit of equivalent full-time enrollment. +(e) Payments shall also be made directly to the Board of Directors of the Hastings College of the Law on the basis of an amount for each unit of equivalent full-time enrollment. +(f) Payments shall also be made directly to the Department of the Youth Authority for educational programs serving kindergarten and grades 1 to 12, inclusive, or any part thereof, on the basis of an equal amount for each unit of average daily attendance, as defined by law. +(g) Payments shall also be made directly to the two California Schools for the Deaf, the California School for the Blind, and the three Diagnostic Schools for Neurologically Handicapped Children, on the basis of an amount for each unit of equivalent full-time enrollment. +(h) Payments shall also be made directly to the State Department of Developmental Services and the State Department of State Hospitals for clients with developmental or mental disabilities who are enrolled in state hospital education programs, including developmental centers, on the basis of an equal amount for each unit of average daily attendance, as defined by law. +(i) No Budget Act or other statutory provision shall direct that payments for public education made pursuant to this chapter be used for purposes and programs, including workload adjustments and maintenance of the level of service, authorized by Chapters 498, 565, and 1302 of the Statutes of 1983, Chapter 97 or 258 of the Statutes of 1984, or Chapter 1 of the Statutes of the 1983–84 Second Extraordinary Session. +(j) School districts and other agencies receiving funds distributed pursuant to this chapter may at their option utilize funds allocated by this chapter to provide additional funds for those purposes and programs prescribed by subdivision (i) for the purpose of enrichment or expansion. +(k) As a condition of receiving any moneys pursuant to subdivision (a) or (b), each school district and county superintendent of schools shall establish a separate account for the receipt and expenditure of those moneys, which account shall be clearly identified as a lottery education account. +(l) Commencing with the 1998–99 fiscal year, and each year thereafter, for purposes of subdivision (a), average daily attendance shall be increased by the statewide average rate of excused absences for the 1996–97 fiscal year as determined pursuant to the provisions of Chapter 855 of the Statutes of 1997. The statewide average excused absence rate, and the corresponding adjustment factor required for the operation of this subdivision, shall be certified to the Controller by the Superintendent of Public Instruction. +(m) It is the intent of this chapter that all funds allocated from the California State Lottery Education Fund shall be used exclusively for the education of pupils and students and no funds shall be spent for acquisition of real property, construction of facilities, financing of research, or any other noninstructional purpose. +SEC. 2. +The Legislature finds and declares both of the following: +(a) This act furthers the purpose of the California State Lottery Act of 1984, enacted by Proposition 37 at the November 6, 1984, general election by eliminating inefficient administrative procedures that the Board of Trustees of the California State University and the Controller utilize on a quarterly basis. +(b) This act shall not be interpreted to expand the lawful uses of funds allocated from the California State Lottery Education Fund to the Board of Trustees of the California State University.","(1) The California State Lottery Act of 1984, enacted by initiative, authorizes a California State Lottery and provides for its operation and administration by the California State Lottery Commission and the Director of the California State Lottery, with certain limitations. The act establishes the California State Lottery Education Fund and provides for direct payments from the fund to various entities, including the Board of Trustees of the California State University. The act requires funds received by the trustees to be deposited in, and expended from, the California State University Lottery Education Fund or, at the discretion of the trustees, deposited in local trust accounts. +Existing law establishes the California State University Trust Fund and specifies its sources of revenue. Existing law provides that all money received by the fund shall augment the support appropriation to the California State University for the fiscal year to which the collections apply. +This bill would require the trustees to deposit funds received from the California State Lottery Education Fund in the California State University Trust Fund instead of the California State University Lottery Education Fund. The bill would continue to allow the trustees, in their discretion, to deposit the funds in local trust accounts. +(2) The California State Lottery Act of 1984, an initiative measure, specifies that none of its provisions may be changed except to further its purpose by a bill passed by a +2/3 +vote of each house of the Legislature and signed by the Governor. +This bill would declare that its provisions further the purposes of the act, as specified, and that the act shall not be interpreted to expand the lawful uses of funds allocated from the California State Lottery Education Fund to the trustees.","An act to amend Section 8880.5 of the Government Code, relating to the California State Lottery Act." +1054,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19855 of the Business and Professions Code is amended to read: +19855. +Except as otherwise provided by statute or regulation, every person who, by statute or regulation, is required to hold a state license shall obtain the license prior to engaging in the activity or occupying the position with respect to which the license is required. Every person who, by order of the commission, is required to apply for a gambling license or a finding of suitability shall file the application within 60 calendar days after receipt of the order. +SEC. 2. +Section 19858 of the Business and Professions Code is amended to read: +19858. +(a) Except as provided in subdivisions (b) and (c), a person shall be deemed to be unsuitable to hold a state gambling license to own a gambling establishment if the person, or any partner, officer, director, or shareholder of the person, has any financial interest in any business or organization that is engaged in any form of gambling prohibited by Section 330 of the Penal Code, whether within or without this state. +(b) Subdivision (a) shall not apply to a publicly traded racing association, a qualified racing association, or any person who is licensed pursuant to subdivision (b) or (c) of Section 19852. +(c) Subdivision (a) shall not apply to a person who meets all of the following criteria: +(1) The person is licensed or had an application to be licensed on file with the commission on or before February 1, 2013. +(2) The person has a financial interest in a business or organization engaged in gambling prohibited by Section 330 of the Penal Code that was closed and was not engaged in prohibited gambling at the time the person was either licensed or had filed an application to be licensed with the commission. +(3) The person has a financial interest in a gambling establishment that is located on any portion of, or contiguous to, the grounds on which a racetrack is or had been previously located and horserace meetings were authorized to be conducted by the California Horse Racing Board on or before January 1, 2012. +(4) The grounds upon which the gambling establishment described in paragraph (3) is located are directly or indirectly owned by a racetrack limited partnership owner. For purposes of this paragraph, a “racetrack limited partnership owner” means a limited partnership, or a number of related limited partnerships, that is or are at least 80 percent capitalized by limited partners that are an “institutional investor” as defined in subdivision (w) of Section 19805, an “employee benefit plan” as defined in Section 1002(3) of Title 29 of the United States Code, or an investment company that manages a state university endowment. +(d) Within six years of the date the closed business or organization reopens or becomes engaged in any form of gambling prohibited by Section 330 of the Penal Code, a person described in subdivision (c) shall either divest that person’s interest in the business or organization, or divest that person’s interest in the gambling enterprise or gambling establishment for which the person is licensed or has applied to be licensed by the commission. +(e) A person described in subdivision (c) shall inform the commission within 30 days of the date on which a business or organization in which the person has a financial interest begins to engage in any form of gambling prohibited by Section 330 of the Penal Code. +(f) During the six-year divestment period described in subdivision (d), it is unlawful for any cross-promotion or marketing to occur between the business or organization that is engaged in any form of gambling prohibited by Section 330 of the Penal Code and the gambling enterprise or gambling establishment described in paragraph (3) of subdivision (c). For purposes of this subdivision, “cross-promotion or marketing” means the offering to any customers of the gambling enterprise or gambling establishment anything of value related to visiting or gambling at the business or organization engaged in any form of gambling prohibited by Section 330 of the Penal Code. +(g) During the six-year divestment period described in subdivision (d), any funds used in connection with the capital improvement of the gambling enterprise or gambling establishment described in paragraph (3) of subdivision (c) shall not be provided from the gaming revenues of either the business or organization engaged in gaming prohibited under Section 330 of the Penal Code. +(h) If, at the end of the six-year divestment period described in subdivision (d), any person described in subdivision (c) has not divested his or her interest in either the gambling enterprise or gambling establishment or the business or organization engaged in any form of gaming prohibited under Section 330 of the Penal Code, the prohibitions of Section 19858 as it read on January 1, 2013, apply. +SEC. 3. +(a) By July 1, 2018, the City of Inglewood shall prepare and submit a report to the Legislature and appropriate policy committees of the Legislature on the progress of the construction of the City of Champions Revitalization Project and the project’s impact on the divestment requirement described in subdivision (d) of Section 19858 of the Business and Professions Code. +(b) (1) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. +(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on July 1, 2022. +SEC. 4. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances surrounding the City of Inglewood with respect to the construction of the City of Champions Revitalization Project and the project’s impact on the divestment requirement described in the Gambling Control Act, which governs the statewide regulation and enforcement of certain legalized gambling activities in the State. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. A willful violation of the act is a misdemeanor. Existing law requires every person who is required to hold a state license to obtain the license prior to engaging in the activity or occupying the position with respect to which the license is required, except as specified. Existing law also requires every person who, by order of the commission, is required to apply for a gambling license or a finding of suitability to file an application within 45 calendar days after receipt of the order. +This bill would instead require the application described above to be filed within 60 calendar days after receipt of an order of the commission. +Existing law makes it a misdemeanor for a person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employer, whether for hire or not, any of a list of specified gambling games, or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or any representative of value. +Existing law generally requires a person to be deemed unsuitable to hold a state gambling license under the California Gambling Control Act to own a gambling establishment if the person, or any partner, officer, director, or shareholder of that person, has any financial interest in any business or organization that is engaged in any form of gambling prohibited under the provision described above, whether within or without this state. Existing law exempts from these provisions a person who meets specified criteria, including a person who is licensed or had an application to be licensed on file with the commission on or before February 1, 2013. Existing law requires a person exempt under this provision, within 3 years of the date the closed business or organization reopens or becomes engaged in any form of gambling prohibited under the provision described above, to either divest that person’s interest in the business or organization or divest that person’s interest in the gambling enterprise or gambling establishment for which the person is licensed or has applied to be licensed by the commission. +During this 3-year divestment period, existing law makes it unlawful for any cross-promotion or marketing, as defined, to occur between the business or organization that is engaged in any form of gambling prohibited under the provision described above, and a gambling enterprise or gambling establishment. +This bill would instead require an exempt person, within 6 years of the date the closed business or organization reopens or becomes engaged in any form of gambling prohibited under the provision described above, to either divest that person’s interest in the business or organization or divest that person’s interest in the gambling enterprise or gambling establishment for which the person is licensed or has applied to be licensed by the commission. The bill would also make conforming changes. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. +The bill would require the City of Inglewood, by July 1, 2018, to prepare and submit a report to the Legislature and appropriate policy committees of the Legislature on the progress of the construction of the City of Champions Revitalization Project and its impact on the divestment requirement described above. By imposing a reporting requirement on the City of Inglewood, this bill would impose a state-mandated local program. +This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Inglewood. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to amend Sections 19855 and 19858 of the Business and Professions Code, relating to gambling." +1055,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19605 of the Business and Professions Code is amended to read: +19605. +(a) Notwithstanding any other law, the board may authorize an association licensed to conduct a racing meeting in the northern zone to operate a satellite wagering facility for wagering on races conducted in the northern zone at its racetrack inclosure subject to all of the conditions specified in Section 19605.3, and may authorize an association licensed to conduct a racing meeting in the central or southern zone to operate a satellite wagering facility for wagering on races conducted in the central or southern zone at its racetrack inclosure subject to the conditions specified in subdivisions (a) to (e), inclusive, of Section 19605.3 and the conditions and limitations set forth in Section 19605.6. +(b) Notwithstanding any other law, no satellite wagering facility, except a facility that is located at a track where live racing is conducted, shall be located within 20 miles of any existing satellite wagering facility or of any track where a racing association conducts a live racing meeting. However, in the northern zone, a racing association or any existing satellite wagering facility may waive the prohibition contained in this subdivision and may consent to the location of another satellite wagering facility within 20 miles of the facility or track. +(c) Notwithstanding subdivision (b), the Department of Food and Agriculture may approve not more than three satellite wagering facilities that are licensed jointly to the 1a District Agricultural Association and the 5th District Agricultural Association and that are located on the fairgrounds of the 1a District Agricultural Association or within the boundaries of the City and County of San Francisco. Before a satellite wagering facility may be licensed for the 1997 and subsequent calendar years under this subdivision, the department shall conduct a one-year test at the proposed site in order to determine the impact of the proposed facility on total state parimutuel revenues and on attendance and wagering at existing racetracks and fair satellite wagering facilities in the Counties of Alameda, San Mateo, Santa Clara, and Solano. Notwithstanding Section 19605.1, a satellite wagering facility may be located on property leased to one or both fairs. Notwithstanding any other law, the fairs may contract for the operation and management of a satellite wagering facility with an individual racing association or a partnership, joint venture, or other affiliation of two or more racing associations or fairs that are licensed to conduct thoroughbred meetings within the northern zone. +(d) Subdivision (b) shall not be construed to prohibit the location of satellite wagering facilities within 20 miles of any existing or proposed satellite facility established pursuant to subdivision (c). +SEC. +2 +. +Section 19620.2 of the Business and Professions Code is amended to read: +19620.2. +(a) +Any +Notwithstanding any other law, any +unallocated balance from +Section 19620.1 +Sections 19606.1 and 19620.1, revenue deposited into the Fair and Exposition Fund pursuant to Section 19614, and funding appropriated by the Legislature or otherwise designated for California fairs pursuant to this chapter or any other law +is hereby appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs for fair projects involving public health and safety, for fair projects involving major and deferred maintenance, for fair projects necessary due to any emergency, for projects that are required by physical changes to the fair site, for projects that are required to protect the fair property or installation, such as fencing and flood protection, and for the acquisition or improvement of any property or facility that will serve to enhance the operation of the fair. +(b) A portion of the funds subject to allocation pursuant to subdivision (a) may be allocated to California fairs for general operational support. It is the intent of the Legislature that these moneys be used primarily for those fairs whose sources of revenue may be limited for purposes specified in this section. +SEC. +3 +. +Section 3200 of the Food and Agricultural Code is amended to read: +3200. +Notwithstanding any other +provision of +law, all funds appropriated +or designated +for California fairs and expositions pursuant to +Sections 19622, 19627, 19627.1, and subdivision (c) of Section 19627.2 of the Business and Professions Code for the 1995–96 fiscal year shall not be utilized for the purposes specified in those sections but shall, instead, be utilized for the purposes specified in Section 19630 of the Business and Professions Code, and may be allocated by the Secretary of Food and Agriculture to all state designated fairs as defined by Section 19418 of the Business and Professions Code, for the purposes specified in Section 19630. +this chapter or any other law shall be deposited in the Fair and Exposition Fund and be continuously appropriated as specified in Sections 19606.1 and 19620.2 of the Business and Professions Code.","The +(1) The +Horse Racing Law permits the California Horse Racing Board to authorize an association licensed to conduct a racing meeting to also operate a satellite wagering facility at its racetrack inclosure, under specified conditions that differ between the northern zone and the central and southern zones, and provides specific guidelines for the operation and location of these facilities. That law also authorizes fairs to contract for the operation and management of a satellite wagering facility with an individual racing association or a partnership, joint venture, or other affiliation of 2 or more racing associations that are licensed to conduct thoroughbred meetings within the northern zone. +This bill would authorize a fair to contract with 2 or more fairs that are licensed to conduct thoroughbred meetings within the northern zone for the operation and management of a satellite wagering facility. +(2) The Horse Racing Law provides that any unallocated balance from the total revenue received by the Department of Food and Agriculture pursuant to that law, except as specified, is hereby appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs for, among other things, fair projects involving public health and safety and projects that are required to protect fair property. That law also provides that a portion of these funds may be allocated to California fairs for general support. +This bill would revise these provisions to include revenue deposited into the Fair and Exposition Fund pursuant to a specified provision and funding appropriated by the Legislature or otherwise designated for California fairs pursuant to the Horse Racing Law or any other law that is to be appropriated without regard to fiscal years for allocation by the secretary for those capital outlay purposes. +(3) Existing law provides that all funds appropriated for California fairs and expositions pursuant to specified provisions of law shall not be utilized for the purposes specified in those provisions but shall instead be utilized for the construction or operation of recreational and cultural facilities of general public interest and may be allocated by the Secretary of Food and Agriculture to all state designated fairs for those purposes. +This bill would delete these provisions and instead require that all funds appropriated or designated for California fairs and expositions pursuant to specified law or any other law be deposited in the Fair and Exposition Fund and be continuously appropriated as provided in specified provisions of the Horse Racing Law. +(4) By increasing the amounts to be deposited in the Fair and Exposition Fund, which is continuously appropriated, and by appropriating these amounts for new purposes, the bill would make an appropriation.","An act to amend +Section 19605 +Sections 19605 and 19620.2 +of the Business and Professions Code, +and to amend Section 3200 of the Food and Agricultural Code, +relating to horse +racing. +racing, and making an appropriation therefor." +1056,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) There is statewide interest in preventing homes, neighborhoods, commercial properties, and public ways from deteriorating and falling into disrepair creating blight conditions. +(2) Blight adversely impacts community quality-of-life issues, creates hazards and unsafe conditions that endanger the public, causes citizen dissatisfaction, and leads to dangerous buildings, increased crime, and reduced property values. +(3) Setting the standards, minimum requirements, and ongoing educational requirements for local code enforcement officers who elect to attain the Certified Code Enforcement Officer title helps local agencies identify, select, and train qualified public officers to enforce laws and codes necessary to help preserve safe, well-ordered communities. +(4) Public officers who perform code enforcement functions require a unique skill set that is not available through traditional vocational offerings. +(b) It is the intent of the Legislature in enacting this measure to protect human safety, preserve property values, reduce crime, and abate public nuisances by helping to regulate the standard of training and certification for local code enforcement officers that public agencies may rely on. The municipal code enforcement function is sufficiently important to justify having a standard by public authority, with the title Certified Code Enforcement Officer having a legally defined meaning. +(c) It is the intent of the Legislature that compliance with this measure be voluntary and not to mandate local agencies or employers to require their code enforcement officers to become certified. The voluntary program created pursuant to this measure will ensure that individuals who are Certified Code Enforcement Officers have met prescribed education, training, and experience requirements and have passed a comprehensive examination reflective of the demands encountered in the code enforcement profession. +(d) It is the intent of the Legislature to recognize the California Association of Code Enforcement Officers professional development and credentialing program by establishing a Certified Code Enforcement Officer title to help local agencies define, standardize, and regulate this important function. +SEC. 2. +Chapter 20 (commencing with Section 26205) is added to Division 20 of the Health and Safety Code, to read: +CHAPTER 20. Certified Code Enforcement Officers +26205. +This chapter shall be known, and may be cited, as the Code Enforcement Officer Standards Act. +26206. +For purposes of this chapter, the following terms have the following meanings: +(a) “Board” means the duly elected Board of Directors of the California Association of Code Enforcement Officers. +(b) “CACEO” means the California Association of Code Enforcement Officers, a public benefit corporation domiciled in California. +(c) “Certified Code Enforcement Officer” or “CCEO” means a person registered or certified as described in this chapter. +(d) “Code enforcement officer” has the same meaning as defined in Section 829.5 of the Penal Code. +26207. +(a) The board shall develop and maintain standards for the various classes of CCEOs that it designates. The standards for education, training, and certification shall be adopted by administrative rule of the board, and they shall be no less than as described in this chapter. CCEOs shall not have the power of arrest except as authorized by the city, county, or city and county charter, code, or regulation in which they operate. CCEOs shall not have access to summary criminal history information pursuant to this section, but persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105 of the Penal Code if the criteria specified in that section is otherwise met. A person may not be designated or certified as a CCEO under this section if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. +(b) The board shall review all applications from cities, counties, cities and counties, and accredited educational institutions who seek to develop and provide education designed to qualify their students, participants, or employees as CCEOs. All applications that are submitted on approved forms that, subject to the board’s review and approval, demonstrate the equivalency of the standards adopted under the rules of the board shall qualify as Certified Code Enforcement Officer Education Program Providers (program providers). All program providers are subject to ongoing program review and evaluation under the board’s administrative rules. A program provider shall renew its program provider application and obtain approval under the board’s administrative rules no later than 36 months from the date of the last approval or else it shall lapse and be subject to renewal under the board’s administrative rules. All students, participants, or employees who successfully pass the minimum education and certification requirements of the program providers approved curriculum shall, subject to the same fees as other registered CCEOs under the board’s administrative rules, be granted status as CCEOs in an equivalent manner as applicants who attained certification or registration status through the CACEO educational and certification programs and academies. +(c) The development and perpetual advancement of code enforcement officer professional standards and actively providing related educational offerings that lead to increased professional competence and ethical behavior shall be the highest priority for the board in its licensing, certification, and disciplinary functions. Whenever the advancement of code enforcement officer professional standards and the provision of related educational offerings is inconsistent with other interests sought to be promoted, the former shall be paramount. +26208. +The board’s administrative rules shall designate minimum training, qualifications, and experience requirements for applicants to qualify for the CCEO designation, including, but not limited to, training and competency requirements in the areas of land use and zoning laws, health and safety codes, substandard housing abatement, environmental regulations, sign standards, public nuisance laws, applicable constitutional law, investigation and enforcement techniques, application of remedies, officer safety, and community engagement. The board may, by administrative rule, designate additional classes of certifications to help meet its mission. +26209. +The board shall conspicuously and continually publish its list of CCEOs on the CACEO Internet Web site, containing the registrant’s full name, summary status as to individual disciplinary concerns, active or inactive status, date of active CCEO expiration, and business address, unless the business address is a residence, which shall be treated as confidential. +26210. +A CCEO shall hold a valid certificate designating the person as a CCEO issued by the CACEO, shall at all times remain a member in good standing of the CACEO, and shall be subject to ongoing continuing education and registration requirements as designated by the board’s administrative rules. +26211. +Failure to maintain the continuing education requirements shall cause the certification status to lapse, subject to redemption as specified by the board’s administrative rules. Once a certification lapses, the certification status shall automatically convert to inactive CCEO status unless it is redeemed. The rights, privileges, and procedures or limitations on redemption of inactive CCEOs shall be specified in the board’s administrative rules. +26212. +The board shall annually set fees in amounts that are reasonably related and necessary to cover the cost of administering this chapter. The fees shall be set by the board and published on the CACEO Internet Web site and maintained at the CACEO’s headquarters. +26213. +The board shall maintain a register of each application for a certificate of registration under this chapter. The register shall include all of the following: +(a) The name, residence, date of birth, and driver’s license number (including state or country of origin) of the applicant. +(b) The name and address of the employer or business of the applicant. +(c) The date of the application. +(d) The education and experience qualifications of the applicant. +(e) The action taken by the board regarding the application and the date of the action. +(f) The serial number of any certificate of registration issued to an applicant. +(g) Any other information required by board rule. +26214. +A person may not hold himself or herself out to be a Certified Code Enforcement Officer in this state or use the title “Certified Code Enforcement Officer” in this state unless the person holds a certificate of registration pursuant to this chapter. +26215. +The board shall, by administrative rule, create a process to timely consider and review all applicants who hold certification from any other agency, and allow them to seek review and potential approval of the qualifications to potentially be recognized as a CCEO in this state. A denial of full recognition as a CCEO shall be accompanied by written justification and a list of required steps that may be required for the individual applicant to complete the registration and certification process. Recognition fees shall be set as described in Section 26212. +26216. +(a) The board shall adopt administrative rules to process information, investigate allegations or suspicions of applicants or licensees providing false information, failing to disclose material information on the registration application, or not providing any information that may, either before or during the certification process, disqualify the applicant or certificant under subdivision (a) of Section 26207. The board shall adopt procedures and guidelines to impose any discipline, revocation of certification, or sanction, for cause, against any applicant, registrant, or certificant. +(b) The administrative rules shall provide the applicant or registrant with adequate and fair notice and hearing opportunities prior to the board taking any adverse action against the applicant or certificant. +(c) Any factual finding after a hearing that the board concludes is cause for revocation, suspension, or other disciplinary or administrative action against a registration or certification shall result in an order after hearing that meets the fair notification requirements of this section. +(d) All orders after hearing shall be deemed final under the board’s authority and procedures and may be appealed as provided for in Sections 1094.5 and 1094.6 of the Code of Civil Procedure. +26217. +This chapter shall not be construed to duplicate, overlap, or otherwise conflict with the certification and continuing education requirements for construction inspectors, plans examiners, and building officials established pursuant to Chapter 7 (commencing with Section 18949.25) of Part 2.5 of Division 13.","Existing law defines the term “code enforcement officer” as a person who is not a peace officer, who has enforcement authority for health, safety, and welfare requirements, and who is authorized to issue citations or file formal complaints, as specified. +This bill would require the Board of Directors of the California Association of Code Enforcement Officers (CACEO) to develop and maintain standards for the designation of Certified Code Enforcement Officers or CCEOs. The bill would require the board to designate minimum training, qualifications, and experience requirements for applicants to qualify for the CCEO designation. The bill would also require the board to qualify cities, counties, cities and counties, and accredited educational institutions as Certified Code Enforcement Officer Education Program Providers, and would require all students, participants, or employees who successfully pass the minimum education and certification requirements to be granted CCEO status in an equivalent manner as applicants who attain certification through the CACEO. +The bill would require the board to set annual fees in amounts that are reasonably related and necessary to cover the costs of administering these provisions, to maintain a register of applications for certification, and adopt procedures for discipline, revocation, and sanctions against applicants, registrants, and certificants. The bill would allow all orders of the board resulting in revocation, suspension, or other action to be appealed by a writ of mandate or petition for judicial review to the superior court.","An act to add Chapter 20 (commencing with Section 26205) to Division 20 of the Health and Safety Code, relating to code enforcement officers." +1057,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 68152 of the Government Code is amended to read: +68152. +The trial court clerk may destroy court records under Section 68153 after notice of destruction, and if there is no request and order for transfer of the records, except the comprehensive historical and sample superior court records preserved for research under the California Rules of Court, when the following times have expired after the date of final disposition of the case in the categories listed: +(a) Civil actions and proceedings, as follows: +(1) Except as otherwise specified: retain 10 years. +(2) Civil unlimited cases, limited cases, and small claims cases, including after trial de novo, if any, except as otherwise specified: retain for 10 years. +(3) Civil judgments for unlimited civil cases: retain permanently. +(4) Civil judgments for limited and small claims cases: retain for 10 years, unless judgment is renewed. If judgment is renewed, retain judgment for length of renewal pursuant to Article 2 (commencing with Section 683.110) of Chapter 3 of Division 1 of Title 9 of Part 2 of the Code of Civil Procedure. +(5) If a party in a civil case appears by a guardian ad litem: retain for 10 years after termination of the court’s jurisdiction. +(6) Civil harassment, domestic violence, elder and dependent adult abuse, private postsecondary school violence, and workplace violence cases: retain for the same period of time as the duration of the restraining or other orders and any renewals thereof, then retain the restraining or other orders permanently as a judgment; 60 days after expiration of the temporary restraining or other temporary orders; retain judgments establishing paternity under Section 6323 of the Family Code permanently. +(7) Family law, except as otherwise specified: retain for 30 years. +(8) Adoption: retain permanently. +(9) Parentage: retain permanently. +(10) Change of name, gender, or name and gender: retain permanently. +(11) Probate: +(A) Decedent estates: retain permanently all orders, judgments, and decrees of the court, all inventories and appraisals, and all wills and codicils of the decedent filed in the case, including those not admitted to probate. All other records: retain for five years after final disposition of the estate proceeding. +(B) Wills and codicils transferred or delivered to the court pursuant to Section 732, 734, or 8203 of the Probate Code: retain permanently. For wills and codicils delivered to the clerk of the court under Section 8200 of the Probate Code, retain the original documents as provided in Section 26810. +(C) Substitutes for decedent estate administration: +(i) Affidavit procedures for real property of small value under Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code: retain permanently. +(ii) Proceedings for determining succession to property under Chapter 4 (commencing with Section 13150) of Part 1 of Division 8 of the Probate Code: retain permanently all inventories and appraisals and court orders. Other records: retain for five years after final disposition of the proceeding. +(iii) Proceedings for determination of property passing or belonging to surviving spouse under Chapter 5 (commencing with Section 13650) of Part 2 of Division 8 of the Probate Code: retain permanently all inventories and appraisals and court orders. Other records: retain for five years after final disposition of the proceeding. +(D) Conservatorships: retain permanently all court orders. Documents of trusts established under substituted judgment pursuant to Section 2580 of the Probate Code: retain as provided in clause (iii) of subparagraph (G). Other records: retain for five years after the later of either (i) the final disposition of the conservatorship proceeding, or (ii) the date of the conservatee’s death, if that date is disclosed in the court’s file. +(E) Guardianships: retain permanently orders terminating the guardianship, if any, and court orders settling final account and ordering distribution of the estate. Other records: retain for five years after the later of (i) the final disposition of the guardianship proceeding, or (ii) the earlier of the date of the ward’s death, if that date is disclosed in the court’s file, or the date the ward reaches 23 years of age. +(F) Compromise of minor’s or disabled person’s claim or action, and disposition of judgment for minors and disabled persons under Section 372 of the Code of Civil Procedure and Chapter 4 (commencing with Section 3600) of Part 8 of Division 4 of the Probate Code: +(i) Retain permanently judgments in favor of minors or disabled persons, orders approving compromises of claims and actions and disposition of the proceeds of judgments, orders directing payment of expenses, costs, and fees, orders directing deposits into blocked accounts and receipts and acknowledgments of those orders, and orders for the withdrawal of funds from blocked accounts. +(ii) Retain other records for the same retention period as for records in the underlying case. If there is no underlying case, retain for five years after the later of either (I) the date the order for payment or delivery of the final balance of the money or property is entered, or (II) the earlier of the date of the minor’s death, if that date is disclosed in the court’s file, or the date the minor reaches 23 years of age. +(G) Trusts: +(i) Proceedings under Part 5 (commencing with Section 17000) of Division 9 of the Probate Code: retain permanently. +(ii) Trusts created by substituted judgment under Section 2580 of the Probate Code: retain permanently all trust instruments and court orders. Other records: retain as long as the underlying conservatorship file is retained. +(iii) Special needs trusts: retain permanently all trust instruments and court orders. Other records: retain until the later of either (I) the retention date of “other records” in the beneficiary’s conservatorship or guardianship file under subparagraph (D) or (E), if any, or (II) five years after the date of the beneficiary’s death, if that date is disclosed in the court’s file. +(H) All other proceedings under the Probate Code: retain as provided for civil cases. +(12) Mental health: +(A) Lanterman Developmental Disabilities Services Act: retain for 10 years. +(B) Lanterman-Petris-Short Act: retain for 20 years. +(C) Riese (capacity) hearings under Sections 5333 and 5334 of the Welfare and Institutions Code: retain for the later of either (i) 20 years after the date of the capacity determination order, or (ii) the court records retention date of the underlying involuntary treatment or commitment proceeding, if any. +(D) Petitions under Chapter 3 (commencing with Section 8100) of Division 8 of the Welfare and Institutions Code for the return of firearms to petitioners who relinquished them to law enforcement while detained in a mental health facility: retain for 10 years. +(13) Eminent domain: retain permanently. +(14) Real property other than unlawful detainer: retain permanently if the action affects title or an interest in real property. +(15) Unlawful detainer: retain for one year if judgment is only for possession of the premises; retain for 10 years if judgment is for money, or money and possession. +(b) Notwithstanding subdivision (a), any civil or small claims case in the trial court: +(1) Involuntarily dismissed by the court for delay in prosecution or failure to comply with state or local rules: retain for one year. +(2) Voluntarily dismissed by a party without entry of judgment: retain for one year. +(c) Criminal actions and proceedings, as follows: +(1) Capital felony in which the defendant is sentenced to death, and any felony resulting in a sentence of life or life without the possibility of parole: retain permanently, including records of the cases of any codefendants and any related cases, regardless of the disposition. For the purpose of this paragraph, “capital felony” means murder with special circumstances when the prosecution seeks the death penalty. Records of the cases of codefendants and related cases required to be retained under this paragraph shall be limited to those cases that are factually linked or related to the charged offense, that are identified in the courtroom, and that are placed on the record. If a capital felony is disposed of by a sentence less than death, or imprisonment for life or life without the possibility of parole, the judgment shall be retained permanently, and the record shall be retained for 50 years or for 10 years after the official written notification of the death of the defendant. If a capital felony is disposed of by an acquittal, the record shall be retained for 10 years. +(2) Felony, except as otherwise specified, and in any felony or misdemeanor case resulting in a requirement that the defendant register as a sex offender under Section 290 of the Penal Code: retain judgment permanently. For all other documents: retain for 50 years or the maximum term of the sentence, whichever is longer. However, any record other than the judgment may be destroyed 10 years after the death of the defendant. Felony case files that do not include final sentencing or other final disposition because the case was bound over from a former municipal court to the superior court and not already consolidated with the superior court felony case file: retain for 10 years from the disposition of the superior court case. +(3) Felony reduced to a misdemeanor: retain in accordance with the retention period for the relevant misdemeanor. +(4) Felony, if the charge is dismissed, except as provided in paragraph (6): retain for three years. +(5) Misdemeanor, if the charge is dismissed, except as provided in paragraph (6): retain for one year. +(6) Dismissal under Section 1203.4 or 1203.4a of the Penal Code: retain for the same retention period as for records of the underlying case. If the records in the underlying case have been destroyed, retain for five years after dismissal. +(7) Misdemeanor, except as otherwise specified: retain for five years. For misdemeanors alleging a violation of Section 23103, 23152, or 23153 of the Vehicle Code: retain for 10 years. +(8) Misdemeanor alleging a marijuana violation under subdivision (c), (d), or (e) of Section 11357 of the Health and Safety Code, or subdivision (b) of Section 11360 of the Health and Safety Code: records shall be destroyed, or redacted in accordance with subdivision (c) of Section 11361.5 of the Health and Safety Code, two years from the date of conviction, or from the date of arrest if no conviction, if the case is no longer subject to review on appeal, all applicable fines and fees have been paid, and the defendant has complied with all terms and conditions of the sentence or grant of probation. However, as provided in subdivision (a) of Section 11361.5 of the Health and Safety Code and paragraph (5) of subdivision (e) of this section, records of a misdemeanor alleging a marijuana violation under subdivision (e) of Section 11357 of the Health and Safety Code shall be retained until the offender attains 18 years of age, at which time the records shall be destroyed as provided in subdivision (c) of Section 11361.5 of the Health and Safety Code. +(9) Misdemeanor reduced to an infraction: retain in accordance with the retention period for the relevant infraction. +(10) Infraction, except as otherwise specified: retain for one year. Vehicle Code infraction: retain for three years. Infraction alleging a marijuana violation under subdivision (b) of Section 11357 of the Health and Safety Code: if records are retained past the one-year minimum retention period, the records shall be destroyed or redacted in accordance with subdivision (c) of Section 11361.5 of the Health and Safety Code two years from the date of conviction, or from the date of arrest if no conviction, if the case is no longer subject to review on appeal, all applicable fines and fees have been paid, and the defendant has complied with all terms and conditions of the sentence or grant of probation. +(11) Criminal protective order: retain until the order expires or is terminated. +(12) Arrest warrant: retain for the same retention period as for records in the underlying case. If there is no underlying case, retain for one year from the date of issue. +(13) Search warrant: +(A) If there is no underlying case, retain for five years from the date of issue. +(B) If there is any underlying case, retain for 10 years from the date of issue or, if the retention period for records in the underlying case is less than 10 years or if the underlying case is a capital felony described in paragraph (1) of subdivision (c), retain for the same retention period as for records in the underlying case. +(14) Probable cause declarations: retain for the same retention period as for records in the underlying case. If there is no underlying case, retain for one year from the date of declaration. +(15) Proceedings for revocation of postrelease community supervision or postrelease parole supervision: retain for five years after the period of supervision expires or is terminated. +(d) Habeas corpus: +(1) Habeas corpus in criminal and family law matters: retain for the same retention period as for records in the underlying case, whether granted or denied. +(2) Habeas corpus in mental health matters: retain all records for the same retention period as for records in the underlying case, whether granted or denied. If there is no underlying case, retain records for 20 years. +(e) Juveniles: +(1) Dependent pursuant to Section 300 of the Welfare and Institutions Code: upon reaching 28 years of age, or on written request, shall be released to the juvenile five years after jurisdiction over the person has terminated under subdivision (a) of Section 826 of the Welfare and Institutions Code. Sealed records shall be destroyed upon court order five years after the records have been sealed pursuant to subdivision (c) of Section 389 of the Welfare and Institutions Code. +(2) Ward pursuant to Section 601 of the Welfare and Institutions Code: upon reaching 21 years of age, or on written request, shall be released to the juvenile five years after jurisdiction over the person has terminated under subdivision (a) of Section 826 of the Welfare and Institutions Code. Sealed records shall be destroyed upon court order five years after the records have been sealed under subdivision (d) of Section 781 of the Welfare and Institutions Code. +(3) Ward pursuant to Section 602 of the Welfare and Institutions Code: upon reaching 38 years of age under subdivision (a) of Section 826 of the Welfare and Institutions Code. Sealed records shall be destroyed upon court order when the subject of the record reaches 38 years of age under subdivision (d) of Section 781 of the Welfare and Institutions Code. +(4) Traffic and some nontraffic misdemeanors and infractions pursuant to Section 601 of the Welfare and Institutions Code: upon reaching 21 years of age, or five years after jurisdiction over the person has terminated under subdivision (c) of Section 826 of the Welfare and Institutions Code. Records may be microfilmed or photocopied. +(5) Marijuana misdemeanor under subdivision (e) of Section 11357 of the Health and Safety Code in accordance with procedures specified in subdivision (a) of Section 11361.5 of the Health and Safety Code: upon reaching 18 years of age, the records shall be destroyed. +(f) Court records of the appellate division of the superior court: retain for five years. +(g) Other records: +(1) Bench warrant: retain for the same retention period as for records in the underlying case. For a bench warrant issued for a misdemeanor, retain records for the same retention period as for records in the underlying misdemeanor following issuance. If there is no return on the warrant, the court may dismiss on its own motion and immediately destroy the records. +(2) Body attachment: retain for same retention period as for records in the underlying case. +(3) Bond: retain for three years after exoneration and release. +(4) Court reporter notes: +(A) Criminal and juvenile proceedings: retain notes for 10 years, except as otherwise specified. Notes reporting proceedings in capital felony cases (murder with special circumstances when the prosecution seeks the death penalty and the sentence is death), including notes reporting the preliminary hearing, shall be retained permanently, unless the Supreme Court on request of the court clerk authorizes the destruction. +(B) Civil and all other proceedings: retain notes for five years. +(5) Electronic recordings made as the official record of the oral proceedings under the California Rules of Court may be destroyed or deleted as follows: +(A) Any time after final disposition of the case in infraction and misdemeanor proceedings. +(B) After 10 years in all other criminal proceedings. +(C) After five years in all other proceedings. +(6) Electronic recordings not made as the official record of the oral proceedings under the California Rules of Court may be destroyed at any time at the discretion of the court. +(7) Fee waiver applications: retain for the same retention period as for records in the underlying case. +(8) Judgments within the jurisdiction of the superior court other than in a limited civil case, misdemeanor case, or infraction case: retain permanently. +(9) Judgments in misdemeanor cases, infraction cases, and limited civil cases: retain for the same retention period as for records in the underlying case. +(10) Juror proceedings, including sanctions: retain for one year. +(11) Minutes: retain for the same retention period as for records in the underlying case. +(12) Orders not associated with an underlying case, such as orders for the destruction of court records for telephone taps, orders to destroy drugs, and other miscellaneous court orders: retain for one year. +(13) Naturalization index: retain permanently. +(14) Index for cases alleging traffic violations: retain for the same retention period as for records in the underlying case. +(15) Index, except as otherwise specified: retain permanently. +(16) Register of actions or docket: retain for the same retention period as for records in the underlying case, but in no event less than 10 years for civil and small claims cases. +(h) Retention of the court records under this section shall be extended by order of the court on its own motion, or on application of a party or an interested member of the public for good cause shown and on those terms as are just. A fee shall not be charged for making the application. +(i) The record retention periods provided in this section, as amended effective January 1, 2014, apply to all court records in existence prior to that date as well as to records created on or after that date.","Existing law authorizes the trial court clerk to destroy court records, as defined, after notice of destruction, if there is no request and order for transfer of the records, upon the expiration of specified time periods after final disposition of the case. Existing law generally provides that court records of a criminal proceeding relating to a misdemeanor violation may be destroyed after 5 years, but that court records of a criminal proceeding relating to a misdemeanor violation for speed contests, driving under the influence of drugs or alcohol, or driving under the influence and causing bodily injury, may be destroyed after 10 years. +This bill would decrease the time period that a court record of a misdemeanor violation for speed contests must be retained before it can be destroyed by the trial court clerk from 10 years to 5 years. The bill would increase the time period that a court record of a misdemeanor violation for reckless driving must be retained before it can be destroyed by the trial court clerk from 5 years to 10 years.","An act to amend Section 68152 of the Government Code, relating to court records." +1058,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as “Caleb’s Law.” +SEC. 2. +It is the Legislature’s intent, to the extent that funds are appropriated for this purpose, that the board encourage all dental sedation providers in California to submit data regarding pediatric sedation events to a pediatric sedation research database maintained by a nonprofit organization. It is the goal of the Legislature that the data submitted will be used to formulate a systems-based approach to improve the quality of services provided to pediatric dental anesthesia patients in outpatient settings. +SEC. 3. +Section 1601.4 is added to the Business and Professions Code, to read: +1601.4. +(a) On or before January 1, 2017, the board shall provide to the Legislature a report on whether current statutes and regulations for the administration and monitoring of pediatric anesthesia in dentistry provide adequate protection for pediatric dental patients. The report shall be submitted in compliance with Section 9795 of the Government Code. The requirement for submitting a report imposed by this subdivision is inoperative on December 1, 2021, pursuant to Section 10231.5 of the Government Code. The board shall make the report publicly available on the board’s Internet Web site. +(b) The board shall provide a report on pediatric deaths related to general anesthesia in dentistry at the time of its sunset review pursuant to subdivision (d) of Section 1601.1. +SEC. 4. +Section 1680 of the Business and Professions Code is amended to read: +1680. +Unprofessional conduct by a person licensed under this chapter is defined as, but is not limited to, any one of the following: +(a) The obtaining of any fee by fraud or misrepresentation. +(b) The employment directly or indirectly of any student or suspended or unlicensed dentist to practice dentistry as defined in this chapter. +(c) The aiding or abetting of any unlicensed person to practice dentistry. +(d) The aiding or abetting of a licensed person to practice dentistry unlawfully. +(e) The committing of any act or acts of sexual abuse, misconduct, or relations with a patient that are substantially related to the practice of dentistry. +(f) The use of any false, assumed, or fictitious name, either as an individual, firm, corporation, or otherwise, or any name other than the name under which he or she is licensed to practice, in advertising or in any other manner indicating that he or she is practicing or will practice dentistry, except that name as is specified in a valid permit issued pursuant to Section 1701.5. +(g) The practice of accepting or receiving any commission or the rebating in any form or manner of fees for professional services, radiograms, prescriptions, or other services or articles supplied to patients. +(h) The making use by the licensee or any agent of the licensee of any advertising statements of a character tending to deceive or mislead the public. +(i) The advertising of either professional superiority or the advertising of performance of professional services in a superior manner. This subdivision shall not prohibit advertising permitted by subdivision (h) of Section 651. +(j) The employing or the making use of solicitors. +(k) The advertising in violation of Section 651. +(l) The advertising to guarantee any dental service, or to perform any dental operation painlessly. This subdivision shall not prohibit advertising permitted by Section 651. +(m) The violation of any of the provisions of law regulating the procurement, dispensing, or administration of dangerous drugs, as defined in Chapter 9 (commencing with Section 4000) or controlled substances, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code. +(n) The violation of any of the provisions of this division. +(o) The permitting of any person to operate dental radiographic equipment who has not met the requirements of Section 1656. +(p) The clearly excessive prescribing or administering of drugs or treatment, or the clearly excessive use of diagnostic procedures, or the clearly excessive use of diagnostic or treatment facilities, as determined by the customary practice and standards of the dental profession. +Any person who violates this subdivision is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than six hundred dollars ($600), or by imprisonment for a term of not less than 60 days or more than 180 days, or by both a fine and imprisonment. +(q) The use of threats or harassment against any patient or licensee for providing evidence in any possible or actual disciplinary action, or other legal action; or the discharge of an employee primarily based on the employee’s attempt to comply with the provisions of this chapter or to aid in the compliance. +(r) Suspension or revocation of a license issued, or discipline imposed, by another state or territory on grounds that would be the basis of discipline in this state. +(s) The alteration of a patient’s record with intent to deceive. +(t) Unsanitary or unsafe office conditions, as determined by the customary practice and standards of the dental profession. +(u) The abandonment of the patient by the licensee, without written notice to the patient that treatment is to be discontinued and before the patient has ample opportunity to secure the services of another dentist, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions and provided the health of the patient is not jeopardized. +(v) The willful misrepresentation of facts relating to a disciplinary action to the patients of a disciplined licensee. +(w) Use of fraud in the procurement of any license issued pursuant to this chapter. +(x) Any action or conduct that would have warranted the denial of the license. +(y) The aiding or abetting of a licensed dentist, dental assistant, registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions to practice dentistry in a negligent or incompetent manner. +(z) (1) The failure to report to the board in writing within seven days any of the following: (A) the death of his or her patient during the performance of any dental or dental hygiene procedure; (B) the discovery of the death of a patient whose death is related to a dental or dental hygiene procedure performed by him or her; or (C) except for a scheduled hospitalization, the removal to a hospital or emergency center for medical treatment of any patient to whom oral conscious sedation, conscious sedation, or general anesthesia was administered, or any patient as a result of dental or dental hygiene treatment. With the exception of patients to whom oral conscious sedation, conscious sedation, or general anesthesia was administered, removal to a hospital or emergency center that is the normal or expected treatment for the underlying dental condition is not required to be reported. Upon receipt of a report pursuant to this subdivision the board may conduct an inspection of the dental office if the board finds that it is necessary. A dentist shall report to the board all deaths occurring in his or her practice with a copy sent to the Dental Hygiene Committee of California if the death was the result of treatment by a registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions. A registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions shall report to the Dental Hygiene Committee of California all deaths occurring as the result of dental hygiene treatment, and a copy of the notification shall be sent to the board. +(2) The report required by this subdivision shall be on a form or forms approved by the board. The form or forms approved by the board shall require the licensee to include, but not be limited to, the following information for cases in which patients received anesthesia: the date of the procedure; the patient’s age in years and months, weight, and sex; the patient’s American Society of Anesthesiologists (ASA) physical status; the patient’s primary diagnosis; the patient’s coexisting diagnoses; the procedures performed; the sedation setting; the medications used; the monitoring equipment used; the category of the provider responsible for sedation oversight; the category of the provider delivering sedation; the category of the provider monitoring the patient during sedation; whether the person supervising the sedation performed one or more of the procedures; the planned airway management; the planned depth of sedation; the complications that occurred; a description of what was unexpected about the airway management; whether there was transportation of the patient during sedation; the category of the provider conducting resuscitation measures; and the resuscitation equipment utilized. Disclosure of individually identifiable patient information shall be consistent with applicable law. A report required by this subdivision shall not be admissible in any action brought by a patient of the licensee providing the report. +(3) For the purposes of paragraph (2), categories of provider are: General Dentist, Pediatric Dentist, Oral Surgeon, Dentist Anesthesiologist, Physician Anesthesiologist, Dental Assistant, Registered Dental Assistant, Dental Sedation Assistant, Registered Nurse, Certified Registered Nurse Anesthetist, or Other. +(4) The form shall state that this information shall not be considered an admission of guilt, but is for educational, data, or investigative purposes. +(5) The board may assess a penalty on any licensee who fails to report an instance of an adverse event as required by this subdivision. The licensee may dispute the failure to file within 10 days of receiving notice that the board had assessed a penalty against the licensee. +(aa) Participating in or operating any group advertising and referral services that are in violation of Section 650.2. +(ab) The failure to use a fail-safe machine with an appropriate exhaust system in the administration of nitrous oxide. The board shall, by regulation, define what constitutes a fail-safe machine. +(ac) Engaging in the practice of dentistry with an expired license. +(ad) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of bloodborne infectious diseases from dentist, dental assistant, registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions to patient, from patient to patient, and from patient to dentist, dental assistant, registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. The board shall review infection control guidelines, if necessary, on an annual basis and proposed changes shall be reviewed by the Dental Hygiene Committee of California to establish a consensus. The committee shall submit any recommended changes to the infection control guidelines for review to establish a consensus. As necessary, the board shall consult with the Medical Board of California, the California Board of Podiatric Medicine, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision. +The board shall seek to ensure that all appropriate dental personnel are informed of the responsibility to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of bloodborne infectious diseases. +(ae) The utilization by a licensed dentist of any person to perform the functions of any registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions who, at the time of initial employment, does not possess a current, valid license or permit to perform those functions. +(af) The prescribing, dispensing, or furnishing of dangerous drugs or devices, as defined in Section 4022, in violation of Section 2242.1. +SEC. 5. +Section 1682 of the Business and Professions Code is amended to read: +1682. +In addition to other acts constituting unprofessional conduct under this chapter, it is unprofessional conduct for: +(a) Any dentist performing dental procedures to have more than one patient undergoing conscious sedation or general anesthesia on an outpatient basis at any given time unless each patient is being continuously monitored on a one-to-one ratio while sedated by either the dentist or another licensed health professional authorized by law to administer conscious sedation or general anesthesia. +(b) Any dentist with patients recovering from conscious sedation or general anesthesia to fail to have the patients closely monitored by licensed health professionals experienced in the care and resuscitation of patients recovering from conscious sedation or general anesthesia. If one licensed professional is responsible for the recovery care of more than one patient at a time, all of the patients shall be physically in the same room to allow continuous visual contact with all patients and the patient to recovery staff ratio should not exceed three to one. +(c) Any dentist with patients who are undergoing conscious sedation to fail to have these patients continuously monitored during the dental procedure with a pulse oximeter or similar or superior monitoring equipment required by the board. +(d) Any dentist with patients who are undergoing conscious sedation to have dental office personnel directly involved with the care of those patients who are not certified in basic cardiac life support (CPR) and recertified biennially. +(e) (1) Any dentist to fail to obtain the written informed consent of a patient prior to administering general anesthesia or conscious sedation. In the case of a minor, the consent shall be obtained from the child’s parent or guardian. +(2) The written informed consent, in the case of a minor, shall include, but not be limited to, the following information: +“The administration and monitoring of general anesthesia may vary depending on the type of procedure, the type of practitioner, the age and health of the patient, and the setting in which anesthesia is provided. Risks may vary with each specific situation. You are encouraged to explore all the options available for your child’s anesthesia for his or her dental treatment, and consult with your dentist or pediatrician as needed.” +(3) Nothing in this subdivision shall be construed to establish the reasonable standard of care for administering or monitoring oral conscious sedation, conscious sedation, or general anesthesia.","The Dental Practice Act provides for the licensure and regulation of dentists by the Dental Board of California. That act authorizes a committee of the board to evaluate all suggestions or requests for regulatory changes related to the committee and to hold informational hearings in order to report and make appropriate recommendations to the board, after consultation with departmental legal counsel and the board’s chief executive officer. The act requires a committee to include in any report regarding a proposed regulatory change, at a minimum, the specific language or the proposed change or changes and the reasons therefor, and any facts supporting the need for the change. +The act governs the use of general anesthesia, conscious sedation, and oral conscious sedation for pediatric and adult patients. The act makes it unprofessional conduct for a licensee to fail to report the death of a patient, or removal of a patient to a hospital or emergency center for medical treatment, that is related to a dental procedure, as specified. The act also makes it unprofessional conduct for any dentist to fail to obtain the written informed consent of a patient prior to administering general anesthesia or conscious sedation. In the case of a minor, the act requires that the consent be obtained from the child’s parent or guardian. +This bill, which would be known as “Caleb’s Law,” would require the board, on or before January 1, 2017, to provide to the Legislature a report on whether current statutes and regulations for the administration and monitoring of pediatric anesthesia in dentistry provide adequate protection for pediatric dental patients and would require the board to make the report publicly available on the board’s Internet Web site. The bill also would require the board to provide a report on pediatric deaths related to general anesthesia in dentistry at the time of its sunset review by the appropriate policy committees of the Legislature. +This bill would require that the report of the death of a patient, or removal of a patient to a hospital or emergency center for medical treatment, be on a form or forms approved by the board and that the report include specified information. The bill authorizes the board to assess a penalty on any licensee who fails to make the required report. +This bill, with regard to obtaining written informed consent for general anesthesia or conscious sedation in the case of a minor, would require that the written informed consent include specified information regarding anesthesia, as provided.","An act to amend Sections 1680 and 1682 of, and to add Section 1601.4 to, the Business and Professions Code, relating to healing arts." +1059,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 44253.4 of the Education Code is amended to read: +44253.4. +(a) The commission shall issue an authorization for a teacher to provide all of the following services to limited-English-proficient pupils: +(1) Instruction for English language development in preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults, except when the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit pursuant to Sections 8363 and 44252.7, a children’s center supervision permit pursuant to Section 8363, or a designated subjects teaching credential in adult education pursuant to Section 44260.2. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit, or a children’s center supervision permit, then instruction for English language development shall be limited to the programs authorized by that permit. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a designated subjects teaching credential in adult education, then instruction for English language development shall be limited to classes organized primarily for adults. +(2) Specially designed content instruction delivered in English in the subjects and at the levels authorized by the teacher’s prerequisite credential or permit used to satisfy the requirement specified in paragraph (1) of subdivision (b). +(3) Content instruction delivered in the pupil’s primary language in the subjects and at the levels authorized by the teacher’s prerequisite credential or permit used to satisfy the requirement specified in paragraph (1) of subdivision (b). +(4) Instruction for primary language development in preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults, except when the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit, a children’s center supervision permit, or a designated subjects teaching credential in adult education. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit or a children’s center supervision permit, then instruction for primary language development is limited to the programs authorized by that permit. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a designated subjects teaching credential in adult education, then instruction for primary language development is limited to classes organized primarily for adults. +(b) The minimum requirements for the authorization, which may be completed at the same time as the initial preparation for the prerequisite credential or at a later date, shall include both of the following: +(1) Possession of a valid California teaching credential, services credential, visiting faculty permit, children’s center instructional permit, or children’s center supervision permit which credential or permit authorizes the holder to provide instruction to pupils in preschool, kindergarten, any of grades 1 to 12, inclusive, or classes primarily organized for adults, except for the following: +(A) Emergency credentials or permits. +(B) Exchange credentials as specified in Section 44333. +(C) District intern credentials as specified in Section 44325. +(D) Sojourn certificated employee credentials as specified in Section 44856. +(E) Teacher education internship credentials as specified in Article 3 (commencing with Section 44450) of Chapter 3. +(2) Passage of one or more examinations, or by completing an approved program that consists of coursework or a combination of coursework and examinations, that the commission determines is necessary for demonstrating the knowledge, skills, and language proficiency required for effective delivery of the services included in the authorization. +(c) To earn the authorization, teachers who hold the authorization described in Section 44253.3, or in Article 3.5 (commencing with Section 44475) of Chapter 3, as that section and that article existed on December 31, 1992, shall not be required to pass examinations that primarily assess the skills and knowledge necessary for effective delivery of the services included in the authorizations they possess. +(d) The authorization shall remain valid as long as the prerequisite credential or permit specified in paragraph (1) of subdivision (b) remains valid. +(e) The commission initially shall issue authorizations for languages spoken by the largest numbers of limited-English-proficient pupils for which there are reasonable numbers of teachers or potential teachers who speak those languages. The commission shall explore alternative ways to make authorizations available for other languages. +(f) A teacher who possesses a credential or permit described in paragraph (1) of subdivision (b) and who is able to present a valid out-of-state credential or certificate that authorizes content instruction delivered in a pupil’s primary language may qualify for the authorization issued pursuant to this section by submitting an application and a fee to the commission.","Existing law requires the Commission on Teacher Credentialing to issue authorizations for a teacher to provide specific services to limited-English-proficient pupils, if certain minimum requirements are met. +This bill would provide that a teacher who possesses any of several specified California credentials or permits, and who is able to present a valid out-of-state credential or certificate that authorizes content instruction delivered in a pupil’s primary language, may qualify for that authorization by submitting an application and a fee to the commission.","An act to amend Section 44253.4 of the Education Code, relating to teacher credentialing." +1060,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the California Heritage Protection Act. +SEC. 2. +The Legislature finds and declares all of the following: +(a) National, state, and regional parks serve the public interest, benefit California, and very often reflect historic significance that earlier generations of Californians have attached to these sites. +(b) Yosemite National Park, located in California, is one of the most important and majestic parks in the United States and is filled with historic landmarks built several decades ago. The historic nature of these landmarks as California heirloom destinations is demonstrated by topographic maps of the Yosemite Valley, dating back to the 1950s, which include these venues. +(c) The Ahwahnee Hotel was built in the 1920s with a backdrop of Half Dome. It was placed on the National Register of Historic Places in 1977. +(d) Curry Village, in the Yosemite Valley, is named after a San Francisco Bay area couple who established a summer camp there in 1899. It was placed on the National Register of Historic Places in 1979. +(e) The Wawona Hotel is a complex of seven buildings in the southwest corner of Yosemite National Park. The first building, then named “Long White,” was originally constructed in 1876. The main hotel building originally opened in 1879. It was placed on the National Register of Historic Places in 1975. +(f) California state park venues are held in public trust for the people of California. A legal claim by an individual to have a trademark right to a name or names associated with a venue within a state park derogates the interests of California and the shared history of Californians, and it is indicative of a lack of the individual’s fitness to serve as a steward of the state’s cherished cultural heritage and places. +(g) An agreement entered into by any California state agency that compromises the interests of Californians is “ultra vires” and therefore beyond that agency’s legal authority to enter. +(h) It is important that the Legislature clarify that an awarded concession contract within California’s state parks does not give the concessionaire a trademark right to the name or names associated with a state park venue or its historical, cultural, or recreational resources. Furthermore, a concessionaire who makes a legal claim to have that trademark right should be disqualified from further consideration as a bidder. +SEC. 3. +Section 5080.05 of the Public Resources Code is amended to read: +5080.05. +(a) Except as provided in Section 5080.16, all contracts authorizing occupancy of any portion of the state park system for a period of more than two years shall be awarded to the best responsible bidder. +(b) “Best responsible bidder” means the bidder, as determined by specific standards established by the department, that, as determined by the department, will operate the concession (1) consistent with the contract, (2) in a manner fully compatible with, and complementary to, the characteristics, features, and theme of the unit in which the concession will be operated, (3) in the best interests of the state and public, and (4) in a manner that protects the state’s trademark and service mark rights in the names associated with a state park venue and its historical, cultural, and recreational resources. For purposes of this section, a bidder who would be subject to subdivision (b) of Section 5080.22 is not a best responsible bidder. +SEC. 4. +Section 5080.18 of the Public Resources Code is amended to read: +5080.18. +A concession contract entered into pursuant to this article shall contain, but is not limited to, all of the following provisions: +(a) (1) The maximum term shall be 10 years, except that a term of more than 10 years may be provided if the director determines that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire, to facilitate the full utilization of a structure that is scheduled by the department for replacement or redevelopment, or to serve the best interests of the state. The term shall not exceed 20 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements. +(2) The maximum term shall be 50 years if the concession contract is for the construction, development, and operation of multiple-unit lodging facilities equipped with full amenities, including plumbing and electrical, that is anticipated to exceed an initial cost of one million five hundred thousand dollars ($1,500,000) in capital improvements in order to begin operation. The term for a concession contract described in this paragraph shall not exceed 50 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements. +(3) Notwithstanding paragraph (1), a concession agreement at Will Rogers State Beach executed prior to December 31, 1997, including, but not limited to, an agreement signed pursuant to Section 25907 of the Government Code, may be extended to exceed 20 years in total length without specific authorization by statute, upon approval by the director and pursuant to a determination by the director that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire that are anticipated to exceed one million five hundred thousand dollars ($1,500,000) in capital improvements. Any extensions granted pursuant to this paragraph shall not be for more than 15 years. +(b) Every concessionaire shall submit to the department all sales and use tax returns and, at the request of the department, provide an annual financial statement prepared or audited by a certified public accountant. +(c) Every concession shall be subject to audit by the department. +(d) A performance bond shall be obtained and maintained by the concessionaire. In lieu of a bond, the concessionaire may substitute a deposit of funds acceptable to the department. Interest on the deposit shall accrue to the concessionaire. +(e) The concessionaire shall obtain and maintain in force at all times a policy of liability insurance in an amount adequate for the nature and extent of public usage of the concession and naming the state as an additional insured. +(f) Any discrimination by the concessionaire or his or her agents or employees against any person because of the marital status or ancestry of that person or any characteristic listed or defined in Section 11135 of the Government Code is prohibited. +(g) To be effective, any modification of the concession contract shall be evidenced in writing. +(h) Whenever a concession contract is terminated for substantial breach, there shall be no obligation on the part of the state to purchase any improvements made by the concessionaire. +(i) If a concessionaire makes a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a) of Section 5080.22, the concessionaire shall forfeit the right to bid on future state park concession contracts to the extent authorized by federal law. +(j) If a current or former concessionaire in bad faith files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies an association with a state park venue, or its historical, cultural, or recreational resources, and the state files a successful opposition or cancellation with respect to that trademark or service mark application, the concessionaire shall be responsible for the state’s attorney fees, costs, and expenses associated with that opposition or cancellation. +SEC. 4.5. +Section 5080.18 of the Public Resources Code is amended to read: +5080.18. +A concession contract entered into pursuant to this article shall contain, but is not limited to, all of the following provisions: +(a) (1) The maximum term shall be 10 years, except that a term of more than 10 years may be provided if the director determines that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire, to facilitate the full utilization of a structure that is scheduled by the department for replacement or redevelopment, or to serve the best interests of the state. The term shall not exceed 20 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements. +(2) The maximum term shall be 50 years if the concession contract is for the construction, development, and operation of multiple-unit lodging facilities equipped with full amenities, including plumbing and electrical, that is anticipated to exceed an initial cost of one million five hundred thousand dollars ($1,500,000) in capital improvements in order to begin operation. The term for a concession contract described in this paragraph shall not exceed 50 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements. +(3) Notwithstanding paragraph (1), a concession agreement at Will Rogers State Beach may be may be awarded for up to 50 years in length without specific authorization by statute, upon approval by the director and pursuant to a determination by the director that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire that are anticipated to exceed one million five hundred thousand dollars ($1,500,000) in capital improvements. +(b) Every concessionaire shall submit to the department all sales and use tax returns and, at the request of the department, provide an annual financial statement prepared or audited by a certified public accountant. +(c) Every concession shall be subject to audit by the department. +(d) A performance bond shall be obtained and maintained by the concessionaire. In lieu of a bond, the concessionaire may substitute a deposit of funds acceptable to the department. Interest on the deposit shall accrue to the concessionaire. +(e) The concessionaire shall obtain and maintain in force at all times a policy of liability insurance in an amount adequate for the nature and extent of public usage of the concession and naming the state as an additional insured. +(f) Any discrimination by the concessionaire or his or her agents or employees against any person because of the marital status or ancestry of that person or any characteristic listed or defined in Section 11135 of the Government Code is prohibited. +(g) To be effective, any modification of the concession contract shall be evidenced in writing. +(h) Whenever a concession contract is terminated for substantial breach, there shall be no obligation on the part of the state to purchase any improvements made by the concessionaire. +(i) If a concessionaire makes a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a) of Section 5080.22, the concessionaire shall forfeit the right to bid on future state park concession contracts to the extent authorized by federal law. +(j) If a current or former concessionaire in bad faith files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies an association with a state park venue, or its historical, cultural, or recreational resources, and the state files a successful opposition or cancellation with respect to that trademark or service mark application, the concessionaire shall be responsible for the state’s attorney fees, costs, and expenses associated with that opposition or cancellation. +SEC. 5. +Section 5080.22 is added to the Public Resources Code, to read: +5080.22. +(a) (1) A concession contract awarded pursuant to Section 5080.05, 5080.16, or 5080.23 shall not provide the contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, and shall not serve as the basis for any legal claim that the contracting party has that interest. +(2) This subdivision does not constitute a change in, but is declaratory of, existing law. +(b) To the extent consistent with federal law, a bidder shall not be awarded a contract pursuant to Section 5080.05, 5080.16, or 5080.23 if either of the following applies: +(1) The bidder has made a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a). +(2) A court has determined that the bidder has made a legal claim or assertion to have a trademark or service mark interest in the name or names associated with a state or federal park venue, or its historical, cultural, or recreational resources, without reasonable cause and in bad faith. +(c) The department shall adopt regulations to provide a bidder who is denied a contract award based on subdivision (b) with written notice of that denial and an opportunity to rebut the basis for the contract denial at a formal hearing. +(d) Commencing January 1, 2017, a provision of a contract or other agreement entered into pursuant to Section 5080.05, 5080.16, or 5080.23 that violates subdivision (a) shall be void and unenforceable. +(e) This section shall not be construed to impact a contracting party’s valid trademark or service mark rights that were held before the concession contract was awarded. +SEC. 6. +Section 4.5 of this bill incorporates amendments to Section 5080.18 of the Public Resources Code proposed by both this bill and Senate Bill 1473. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5080.18 of the Public Resources Code, and (3) this bill is enacted after Senate Bill 1473, in which case Section 4 of this bill shall not become operative.","Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system. Existing law authorizes the Director of Parks and Recreation to negotiate or renegotiate a concession contract within state parks if specified conditions exist and generally requires that a concession contract within state parks for a period of more than 2 years be awarded to the best responsible bidder. +This bill would enact the California Heritage Protection Act, which would make various changes to the process for negotiating or renegotiating state parks concession contracts. The bill would modify the definition of a best responsible bidder to include that the bidder, among other things, will operate the concession in a manner that protects the state’s trademark and service mark interest in the names associated with a state park venue and its historical, cultural, and recreational resources. +This bill would prohibit a concession contract from providing a contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, and would prohibit a concession contract from serving as the basis for any legal claim that the contracting party has that interest. The bill would declare that these provisions do not constitute a change in, but are declaratory of, existing law. The bill would prohibit a bidder who makes that legal claim or assertion, and a bidder who a court has determined has made that legal claim or assertion with respect to a state or federal park venue without reasonable cause and in bad faith, from being awarded a concession contract within state parks. The bill would require the department to adopt regulations to provide a bidder who is denied a contract award based on these reasons with written notice and an opportunity to rebut the basis of the contract denial at a formal hearing. The bill would render a provision of a concession contract that, on and after January 1, 2017, provides a contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, void and unenforceable. +This bill would require a concession contract to contain provisions requiring the concessionaire to forfeit the right to bid on future state park concession contracts if the concessionaire makes the above-described legal claim or assertion and requiring a concessionaire to be responsible for the state’s attorney fees, costs, and expenses if the concessionaire in bad faith files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies association with a state park venue, or its historical, cultural, or recreational resources, and the state files a successful opposition or cancellation of the trademark or service mark application. +This bill would incorporate additional changes to Section 5080.18 of the Public Resources Code proposed by SB 1473 to be operative only if SB 1473 and this bill are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Sections 5080.05 and 5080.18 of, and to add Section 5080.22 to, the Public Resources Code, relating to state parks." +1061,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 301 of the Elections Code is amended to read: +301. +A “ballot” means any of the following: +(a) The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card. +(b) One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area. +(c) One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment. +(d) An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot. +SEC. 2. +Section 303.3 of the Elections Code is amended to read: +303.3. +“Remote accessible vote by mail system” means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time. +SEC. 3. +Section 305.5 is added to the Elections Code, to read: +305.5. +“Paper cast vote record” means an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. A paper cast vote record is not a ballot. +SEC. 4. +Section 362 of the Elections Code is amended to read: +362. +“Voting system” means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. “Voting system” does not include a remote accessible vote by mail system. +SEC. 5. +Section 19271 of the Elections Code is amended to read: +19271. +As used in this article: +(a) “Accessible” means that the information provided on the paper cast vote record from the voter verified paper audit trail mechanism is provided or conveyed to voters via both a visual and a nonvisual method, such as through an audio component. +(b) “Direct recording electronic voting system” means a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot. +(c) “Voter verified paper audit trail” means a paper cast vote record containing a copy of each of the voter’s selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot. +(d) “Paper cast vote record” means an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. A paper cast vote record is not a ballot. +(e) “Parallel monitoring” means the testing of a randomly selected sampling of voting equipment on election day designed to simulate actual election conditions to confirm that the system is registering votes accurately. +SEC. 6. +The heading of Chapter 3.5 (commencing with Section 19280) of Division 19 of the Elections Code is amended to read: +CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems +SEC. 7. +Section 19280 of the Elections Code is amended to read: +19280. +The Secretary of State shall not certify or conditionally approve a remote accessible vote by mail system, or part of a remote accessible vote by mail system, unless it fulfills the requirements of this code and the regulations of the Secretary of State. +SEC. 8. +Section 19281 of the Elections Code is amended to read: +19281. +(a) A remote accessible vote by mail system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to the election at which it is to be first used. +(b) All other uses of a remote accessible vote by mail system shall be subject to the provisions of Section 19202. +SEC. 9. +Section 19282 of the Elections Code is repealed. +SEC. 10. +Section 19283 of the Elections Code is amended to read: +19283. +(a) The Secretary of State shall adopt and publish standards and regulations governing the use of remote accessible vote by mail systems. +(b) Remote accessible vote by mail system standards adopted by the Secretary of State pursuant to subdivision (a) shall include, but not be limited to, all of the following requirements: +(1) The machine or device and its software shall be suitable for the purpose for which it is intended. +(2) The remote accessible vote by mail system shall preserve the secrecy of the ballot. +(3) The remote accessible vote by mail system shall be safe from fraud or manipulation. +(4) The remote accessible vote by mail system shall be accessible to voters with disabilities and to voters who require assistance in a language other than English if the language is one in which a ballot or ballot materials are required to be made available to voters. +SEC. 11. +Section 19284 of the Elections Code is amended to read: +19284. +(a) A person, corporation, or public agency owning or having an interest in the sale or acquisition of a remote accessible vote by mail system or a part of a remote accessible vote by mail system may apply to the Secretary of State for certification or conditional approval that includes testing and examination of the applicant’s system and a report on the findings, which shall include the accuracy and efficiency of the remote accessible vote by mail system. As part of its application, the applicant of a remote accessible vote by mail system or a part of a remote accessible vote by mail system shall notify the Secretary of State in writing of any known defect, fault, or failure of the version of the hardware, software, or firmware of the remote accessible vote by mail system or a part of the remote accessible vote by mail system submitted. The Secretary of State shall not begin his or her certification process until he or she receives a completed application from the applicant of the remote accessible vote by mail system or a part of the remote accessible vote by mail system. The applicant shall also notify the Secretary of State in writing of any defect, fault, or failure of the version of the hardware, software, or firmware of the ballot marking system or a part of the ballot marking system submitted that is discovered after the application is submitted and before the Secretary of State submits the report required by Section 19288. The Secretary of State shall complete his or her examination without undue delay. +(b) After receiving an applicant’s written notification of a defect, fault, or failure, the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State by the applicant. +(c) As used in this chapter: +(1) “Defect” means any flaw in the hardware or documentation of a remote accessible vote by mail system that could result in a state of unfitness for use or nonconformance to the manufacturer’s specifications or applicable law. +(2) “Failure” means a discrepancy between the external results of the operation of any software or firmware in a remote accessible vote by mail system and the manufacturer’s product requirements for that software or firmware or applicable law. +(3) “Fault” means a step, process, or data definition in any software or firmware in a ballot marking system that is incorrect under the manufacturer’s program specification or applicable law. +SEC. 12. +Section 19285 of the Elections Code is amended to read: +19285. +The Secretary of State shall use a state-approved testing agency or expert technicians to examine remote accessible vote by mail systems proposed for use or sale in this state. He or she shall furnish a complete report of the findings of the examination and testing to the Governor and the Attorney General. +SEC. 13. +Section 19286 of the Elections Code is amended to read: +19286. +The person, corporation, or public agency applying for certification of a remote accessible vote by mail system is responsible for all costs associated with the testing and examination of the remote accessible vote by mail system. +SEC. 14. +Section 19287 of the Elections Code is amended to read: +19287. +(a) Prior to publishing his or her decision to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system, the Secretary of State shall provide for a 30-day public review period and conduct a public hearing to give interested persons an opportunity to review testing and examination reports and express their views for or against certification or conditional approval of the remote accessible vote by mail system. +(b) The Secretary of State shall give notice of the public review period and hearing in the manner prescribed in Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State shall also provide notice of the hearing on his or her Internet Web site. The Secretary of State shall transmit written notice of the hearing, at least 14 days prior to the public review period and hearing, to each county elections official, to any person that the Secretary of State believes will be interested in the public review period and hearing, and to any person who requests, in writing, notice of the public review period and hearing. +(c) The decision of the Secretary of State to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system shall be in writing and shall state the findings of the Secretary of State. The decision shall be open to public inspection. +SEC. 15. +Section 19288 of the Elections Code is amended to read: +19288. +Within 60 days after the completion of the examination of a remote accessible vote by mail system, the Secretary of State shall make publicly available a report stating whether the remote accessible vote by mail system has been certified or conditionally approved, or whether certification has been withheld. +SEC. 16. +Section 19290 of the Elections Code is amended to read: +19290. +(a) If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, the vendor or, in cases where the system is publicly owned, the jurisdiction shall notify the Secretary of State and all local elections officials who use the system in writing of any defect, fault, or failure of the hardware, software, or firmware of the system or a part of the system within 30 calendar days after the vendor or jurisdiction learns of the defect, fault, or failure. +(b) After receiving written notification of a defect, fault, or failure pursuant to subdivision (a), the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State. +SEC. 17. +Section 19291 of the Elections Code is amended to read: +19291. +If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, it shall not be changed or modified until the Secretary of State has been notified in writing and has determined that the change or modification does not impair its accuracy and efficiency sufficient to require a reexamination and recertification or reapproval pursuant to this chapter. The Secretary of State may adopt rules and regulations governing the procedures to be followed in making his or her determination as to whether the change or modification impairs accuracy or efficiency. +SEC. 18. +Section 19292 of the Elections Code is amended to read: +19292. +The Secretary of State may seek injunctive and administrative relief if a remote accessible vote by mail system has been compromised by the addition or deletion of hardware, software, or firmware without prior approval or is defective due to a known hardware, software, or firmware defect, fault, or failure that has not been disclosed pursuant to Section 19284 or 19290. +SEC. 19. +Section 19293 of the Elections Code is amended to read: +19293. +(a) The Secretary of State may seek all of the following relief for an unauthorized change in hardware, software, or firmware in a remote accessible vote by mail system certified or conditionally approved in California: +(1) A civil penalty from the offending party or parties, not to exceed ten thousand dollars ($10,000) per violation. For purposes of this subdivision, each remote accessible vote by mail system component found to contain the unauthorized hardware, software, or firmware shall be considered a separate violation. A penalty imposed pursuant to this subdivision shall be apportioned 50 percent to the county in which the violation occurred, if applicable, and 50 percent to the office of the Secretary of State for purposes of bolstering remote accessible vote by mail system security efforts. +(2) Immediate commencement of proceedings to withdraw certification or conditional approval for the remote accessible vote by mail system in question. +(3) Prohibiting the manufacturer or vendor of a remote accessible vote by mail system from doing elections-related business in the state for one, two, or three years. +(4) Refund of all moneys paid by a local agency for a remote accessible vote by mail system or a part of a remote accessible vote by mail system that is compromised by an unauthorized change or modification, whether or not the remote accessible vote by mail system has been used in an election. +(5) Any other remedial actions authorized by law to prevent unjust enrichment of the offending party. +(b) (1) The Secretary of State may seek all of the following relief for a known but undisclosed defect, fault, or failure in a remote accessible vote by mail system or part of a remote accessible vote by mail system certified or conditionally approved in California: +(A) Refund of all moneys paid by a local agency for a remote accessible vote by mail system or part of a remote accessible vote by mail system that is defective due to a known but undisclosed defect, fault, or failure, whether or not the remote accessible vote by mail system has been used in an election. +(B) A civil penalty from the offending party or parties, not to exceed fifty thousand dollars ($50,000) per violation. For purposes of this subdivision, each defect, fault, or failure shall be considered a separate violation. A defect, fault, or failure constitutes a single violation regardless of the number of remote accessible vote by mail system units in which the defect, fault, or failure is found. +(C) In addition to any other penalties or remedies established by this section, the offending party or parties shall be liable in the amount of one thousand dollars ($1,000) per day after the applicable deadline established in Section 19290 until the required disclosure is filed with the Secretary of State. +(2) A penalty imposed pursuant to subparagraph (B) or (C) of paragraph (1) shall be deposited in the General Fund. +(c) Before seeking any measure of relief under this section, the Secretary of State shall hold a public hearing. The Secretary of State shall give notice of the hearing in the manner prescribed by Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State also shall transmit written notice of the hearing, at least 30 days prior to the hearing, to each county elections official, the offending party or parties, any persons that the Secretary of State believes will be interested in the hearing, and any persons who request, in writing, notice of the hearing. +(d) The decision of the Secretary of State to seek relief under this section shall be in writing and state his or her findings. The decision shall be open to public inspection. +SEC. 20. +Section 19294 of the Elections Code is amended to read: +19294. +(a) The Secretary of State may seek injunctive relief requiring an elections official, or any vendor or manufacturer of a remote accessible vote by mail system, to comply with the requirements of this code, the regulations of the Secretary of State, and the specifications for the ballot marking system and its software, including the programs and procedures for vote marking and testing. +(b) Venue for a proceeding under this section shall be exclusively in Sacramento County. +SEC. 21. +Section 19295 of the Elections Code is amended to read: +19295. +A remote accessible vote by mail system or part of a remote accessible vote by mail system shall not do any of the following: +(a) Have the capability, including an optional capability, to use a remote server to mark a voter’s selections transmitted to the server from the voter’s computer via the Internet. +(b) Have the capability, including an optional capability, to store any voter identifiable selections on any remote server. +(c) Have the capability, including the optional capability, to tabulate votes.","Existing law regulates the voting procedures for military or overseas voters and provides that a military or overseas voter has the right to register for, and to vote by a vote by mail ballot in, any election within the state. Existing law defines a “ballot marking system” as any mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking a ballot for a military or overseas voter. +This bill would rename a “ballot marking system” as a “remote accessible vote by mail system.” The bill would define a “remote accessible vote by mail system” as a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot remotely, outside a polling location, for a voter with disabilities or a military or overseas voter who would then be required to print the paper cast vote record to be submitted to the elections official. The bill would also make conforming changes.","An act to amend Sections 301, 303.3, 362, 19271, 19280, 19281, 19283, 19284, 19285, 19286, 19287, 19288, 19290, 19291, 19292, 19293, 19294, and 19295 of, to amend the heading of Chapter 3.5 (commencing with Section 19280) of Division 19 of, to add Section 305.5 to, and to repeal Section 19282 of the Elections Code, relating to elections." +1062,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 54954.2 of the Government Code is amended to read: +54954.2. +(a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s Internet Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. +(2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site, the following provisions shall apply: +(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu. +(B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements: +(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications. +(ii) Platform independent and machine readable. +(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda. +(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met: +(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state. +(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019. +(iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform. +(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B). +(D) For the purposes of this paragraph, both of the following definitions shall apply: +(i) “Integrated agenda management platform” means an Internet Web site of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public. +(ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952. +(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state. +(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. +(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. +(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5. +(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). +(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. +(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. +(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards: +(1) A legislative body as that term is defined by subdivision (a) of Section 54952. +(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. +SEC. 2. +The Legislature finds and declares that Section 1 of this act, which amends Section 54954.2 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: +It is in the public interest to ensure that members of the public can easily and quickly find and access meeting agendas of legislative bodies of specific local agencies on the Internet homepage of those certain local agencies. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","(1) The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act further requires the legislative body of a local agency to post, at least 72 hours before the meeting, an agenda containing a brief general description of each item of business to be transacted or discussed at a regular meeting, in a location that is freely accessible to members of the public and to provide a notice containing similar information with respect to a special meeting at least 24 hours prior to the special meeting. The act requires that the agenda or notice be freely accessible to members of the public and be posted on the local agency’s Internet Web site, if the local agency has one. +This bill would require an online posting of an agenda for a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site to be posted on the local agency’s primary Internet Web site homepage accessible through a prominent, direct link, as specified. The bill would exempt a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site from this requirement if it has an integrated agenda management platform that meets specified requirements, including, among others, that the current agenda is the first agenda available at the top of the integrated agenda management platform. The bill would authorize an integrated agenda management platform to include prior meeting agendas, as specified. The bill would require any agenda posted pursuant to these provisions to be in an open format that meets specified requirements, including, among others, that the agenda is platform independent and machine readable. The bill would also define terms for these purposes. +(2) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. +This bill would make legislative findings to that effect. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 54954.2 of the Government Code, relating to local government." +1063,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1513 of the Code of Civil Procedure is amended to read: +1513. +(a) Subject to Sections 1510 and 1511, the following property held or owing by a business association escheats to this state: +(1) (A) Except as provided in paragraph (6), any demand, savings, or matured time deposit, or account subject to a negotiable order of withdrawal, made with a banking organization, together with any interest or dividends thereon, excluding, from demand deposits and accounts subject to a negotiable order of withdrawal only, any reasonable service charges that may lawfully be withheld and that do not, where made in this state, exceed those set forth in schedules filed by the banking organization from time to time with the Controller, if the owner, for more than three years, has not done any of the following: +(i) Increased or decreased the amount of the deposit, cashed an interest check, or presented the passbook or other similar evidence of the deposit for the crediting of interest. +(ii) Corresponded electronically or in writing with the banking organization concerning the deposit. +(iii) Otherwise indicated an interest in the deposit as evidenced by a memorandum or other record on file with the banking organization. +(B) A deposit or account shall not, however, escheat to the state if, during the previous three years, the owner has owned another deposit or account with the banking organization or the owner has owned an individual retirement account or funds held by the banking organization under a retirement plan for self-employed individuals or a similar account or plan established pursuant to the internal revenue laws of the United States or the laws of this state, as described in paragraph (6), and, with respect to that deposit, account, or plan, the owner has done any of the acts described in clause (i), (ii), or (iii) of subparagraph (A), and the banking organization has communicated electronically or in writing with the owner, at the address to which communications regarding that deposit, account, or plan are regularly sent, with regard to the deposit or account that would otherwise escheat under subparagraph (A). For purposes of this subparagraph, “communications” includes account statements or statements required under the internal revenue laws of the United States. +(C) No banking organization may discontinue any interest or dividends on any savings deposit because of the inactivity contemplated by this section. +(2) (A) Except as provided in paragraph (6), any demand, savings, or matured time deposit, or matured investment certificate, or account subject to a negotiable order of withdrawal, or other interest in a financial organization or any deposit made therewith, and any interest or dividends thereon, excluding, from demand deposits and accounts subject to a negotiable order of withdrawal only, any reasonable service charges that may lawfully be withheld and that do not, where made in this state, exceed those set forth in schedules filed by the financial organization from time to time with the Controller, if the owner, for more than three years, has not done any of the following: +(i) Increased or decreased the amount of the funds or deposit, cashed an interest check, or presented an appropriate record for the crediting of interest or dividends. +(ii) Corresponded electronically or in writing with the financial organization concerning the funds or deposit. +(iii) Otherwise indicated an interest in the funds or deposit as evidenced by a memorandum or other record on file with the financial organization. +(B) A deposit or account shall not, however, escheat to the state if, during the previous three years, the owner has owned another deposit or account with the financial organization or the owner has owned an individual retirement account or funds held by the financial organization under a retirement plan for self-employed individuals or a similar account or plan established pursuant to the internal revenue laws of the United States or the laws of this state, as described in paragraph (6), and, with respect to that deposit, account, or plan, the owner has done any of the acts described in clause (i), (ii), or (iii) of subparagraph (A), and the financial organization has communicated electronically or in writing with the owner, at the address to which communications regarding that deposit, account, or plan are regularly sent, with regard to the deposit or account that would otherwise escheat under subparagraph (A). For purposes of this subparagraph, “communications” includes account statements or statements required under the internal revenue laws of the United States. +(C) No financial organization may discontinue any interest or dividends on any funds paid toward purchase of shares or other interest, or on any deposit, because of the inactivity contemplated by this section. +(3) Any sum payable on a traveler’s check issued by a business association that has been outstanding for more than 15 years from the date of its issuance, if the owner, for more than 15 years, has not corresponded in writing with the business association concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the association. +(4) Any sum payable on any other written instrument on which a banking or financial organization is directly liable, including, by way of illustration but not of limitation, any draft, cashier’s check, teller’s check, or certified check, that has been outstanding for more than three years from the date it was payable, or from the date of its issuance if payable on demand, if the owner, for more than three years, has not corresponded electronically or in writing with the banking or financial organization concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the banking or financial organization. +(5) Any sum payable on a money order issued by a business association, including a banking or financial organization, that has been outstanding for more than seven years from the date it was payable, or from the date of its issuance if payable on demand, excluding any reasonable service charges that may lawfully be withheld and that do not, when made in this state, exceed those set forth in schedules filed by the business association from time to time with the Controller, if the owner, for more than seven years, has not corresponded electronically or in writing with the business association, banking, or financial organization concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the business association. For the purposes of this subdivision, “reasonable service charge” means a service charge that meets all of the following requirements: +(A) It is uniformly applied to all of the issuer’s money orders. +(B) It is clearly disclosed to the purchaser at the time of purchase and to the recipient of the money order. +(C) It does not begin to accrue until three years after the purchase date, and it stops accruing after the value of the money order escheats. +(D) It is permitted by contract between the issuer and the purchaser. +(E) It does not exceed 25 cents ($0.25) per month or the aggregate amount of twenty-one dollars ($21). +(6) (A) Any funds held by a business association in an individual retirement account or under a retirement plan for self-employed individuals or similar account or plan established pursuant to the internal revenue laws of the United States or of this state, if the owner, for more than three years after the funds become payable or distributable, has not done any of the following: +(i) Increased or decreased the principal. +(ii) Accepted payment of principal or income. +(iii) Corresponded electronically or in writing concerning the property or otherwise indicated an interest. +(B) Funds held by a business association in an individual retirement account or under a retirement plan for self-employed individuals or a similar account or plan created pursuant to the internal revenue laws of the United States or the laws of this state shall not escheat to the state if, during the previous three years, the owner has owned another such account, plan, or any other deposit or account with the business association and, with respect to that deposit, account, or plan, the owner has done any of the acts described in clause (i), (ii), or (iii) of subparagraph (A), and the business association has communicated electronically or in writing with the owner, at the address to which communications regarding that deposit, account, or plan are regularly sent, with regard to the account or plan that would otherwise escheat under subparagraph (A). For purposes of this subparagraph, “communications” includes account statements or statements required under the internal revenue laws of the United States. +(C) These funds are not payable or distributable within the meaning of this subdivision unless either of the following is true: +(i) Under the terms of the account or plan, distribution of all or a part of the funds would then be mandatory. +(ii) For an account or plan not subject to mandatory distribution requirement under the internal revenue laws of the United States or the laws of this state, the owner has attained 70 +1/2 +years of age. +(7) Any wages or salaries that have remained unclaimed by the owner for more than one year after the wages or salaries become payable. +(b) For purposes of this section, “service charges” means service charges imposed because of the inactivity contemplated by this section. +(c) A holder shall, commencing on or before January 1, 2018, regard the following transactions that are initiated electronically and are reflected in the books and records of the banking or financial organization as evidence that an owner has increased or decreased the amount of the funds or deposit in an account, for purposes of paragraphs (1) and (2) of subdivision (a): +(1) A single or recurring debit transaction authorized by the owner. +(2) A single or recurring credit transaction authorized by the owner +(3) Recurring transactions authorized by the owner that represent payroll deposits or deductions. +(4) Recurring credits authorized by the owner or a responsible party that represent the deposit of any federal benefits, including social security benefits, veterans’ benefits, and pension payments.","Existing law prescribes the circumstances under which property held or owing by a business association escheats to the state. Existing law specifies that any demand, savings, or matured time deposit, or account subject to a negotiable order of withdrawal, made with a banking organization escheats to the state if the owner, for more than three years, has not increased or decreased the amount of the deposit. Existing law specifies that any demand, savings, or matured time deposit, or matured investment certificate, or account subject to a negotiable order of withdrawal, or other interest in a financial organization, escheats to the state when the owner, for more than three years, has not increased or decreased the amount of the funds or deposit. +This bill would require, commencing on or before January 1, 2018, for purposes of determining whether the above-described property escheats to the state, that a holder, as defined in existing law, regard specified transactions that are initiated electronically and are reflected in the books and records of a banking or financial organization as evidence of an increase or decrease in the amount of the funds or deposit in an account held by the banking or financial organization.","An act to amend Section 1513 of the Code of Civil Procedure, relating to unclaimed property." +1064,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 98.7 of the Labor Code is amended to read: +98.7. +(a) +(1) +Any person who believes that he or she has been discharged or otherwise discriminated against in violation of any law under the jurisdiction of the Labor Commissioner may file a complaint with the division within six months after the occurrence of the violation. The six-month period may be extended for good cause. The complaint shall be investigated by a discrimination complaint investigator in accordance with this section. The Labor Commissioner shall establish procedures for the investigation of discrimination complaints. A summary of the procedures shall be provided to each complainant and respondent at the time of initial contact. The Labor Commissioner shall inform complainants charging a violation of Section 6310 or 6311, at the time of initial contact, of his or her right to file a separate, concurrent complaint with the United States Department of Labor within 30 days after the occurrence of the violation. +Each complaint of unlawful discharge or discrimination shall be assigned to a discrimination complaint investigator who shall prepare and submit an investigation report to the Labor Commissioner based on an investigation of the complaint. +(2) The division may, with or without receiving a complaint, commence an investigation of an employer that it suspects to have discharged or otherwise discriminated against an individual in violation of any law under the jurisdiction of the Labor Commissioner in accordance with this section. The assigned investigator shall prepare and submit an investigation report to the Labor Commissioner based upon the investigation. +(b) +Each complaint of unlawful discharge or discrimination shall be assigned to a discrimination complaint investigator who shall prepare and submit a report to the Labor Commissioner based on an investigation of the complaint. +The Labor Commissioner may designate the chief +deputy or +deputy, the +assistant Labor +Commissioner +Commissioner, +or the chief counsel to receive and review +the +investigation +reports. +The investigation +An investigation +shall include, +where +if +appropriate, interviews with the complainant, +respondent, +if there is one, the employer, +and any witnesses who may have information concerning +the alleged +a possible +violation, and a review of any documents that may be relevant to the +disposition of the complaint. +investigation. +The identity of a witness shall remain confidential unless the identification of the witness becomes necessary to proceed with the investigation or to prosecute an action to enforce a determination. The investigation report submitted to the Labor Commissioner or designee shall include the statements and documents obtained in the investigation, and the findings of the investigator concerning whether a violation occurred. The Labor Commissioner may hold an investigative hearing +whenever +if +the Labor Commissioner determines, after review of the investigation report, that a hearing is necessary to fully establish the facts. In the hearing the investigation report shall be made a part of the +record +record, +and the +complainant and respondent +complainant, if there is one, and the employer +shall have the opportunity to present further evidence. The Labor Commissioner shall issue, serve, and enforce any necessary subpoenas. +(c) If the Labor Commissioner determines a violation has occurred, he or she shall notify the +complainant and respondent +complainant, if there is one, and the employer +and direct the +respondent +employer +to cease and desist from the violation and take any action deemed necessary to remedy the violation, including, +where +if +appropriate, rehiring or reinstatement, reimbursement of lost wages and interest thereon, payment of reasonable attorney’s fees associated with any hearing held by the Labor Commissioner +in investigating the complaint, +related to the investigation, +and the posting of notices to employees. If the +respondentcompensation or equitable relief as is appropriate under the circumstances of the case. The Labor Commissioner shall petition the court for appropriate temporary relief or restraining order unless he or she determines good cause exists for not doing so. +(d) (1) If the Labor Commissioner determines no violation has occurred, he or she shall notify the +complainant and respondent +complainant, if there is one, and the employer +and shall dismiss the +complaint. +complaint or close the investigation. +The Labor Commissioner may direct +the +a +complainant to pay reasonable attorney’s fees associated with any hearing held by the Labor Commissioner if the Labor Commissioner finds +the +that a +complaint was frivolous, unreasonable, groundless, and was brought in bad faith. +The +A +complainant may, after notification of the Labor Commissioner’s determination to dismiss a complaint, bring an action in an appropriate +court, which +court that +shall have jurisdiction to determine whether a violation +occurred, and +occurred and, +if so, to restrain the violation and order all appropriate relief to remedy the violation. Appropriate relief includes, but is not limited to, rehiring or reinstatement of the complainant, reimbursement of lost wages and interest thereon, and other compensation or equitable relief as is appropriate under the circumstances of the case. +When dismissing +If the Labor Commission dismisses +a complaint, the Labor Commissioner shall advise +the +a +complainant of his or her right to bring an action in an appropriate court if he or she disagrees with the determination of the Labor Commissioner, and in the case of an alleged violation of Section 6310 or 6311, to file a complaint against the state program with the United States Department of Labor. +(2) The filing of a timely complaint against the state program with the United States Department of Labor shall stay the Labor Commissioner’s dismissal of the division complaint until the United States Secretary of Labor makes a determination regarding the alleged violation. Within 15 days of receipt of that determination, the Labor Commissioner shall notify the parties whether he or she will reopen the complaint filed with the division or whether he or she will reaffirm the dismissal. +(e) The Labor Commissioner shall notify the +complainant and respondent +complainant, if there is one, and the employer +of his or her determination under subdivision (c) or paragraph (1) of subdivision (d), not later than 60 days after the filing of the +complaint. +complaint, or commencing the investigation pursuant to paragraph (2) of subdivision (a). +Determinations by the Labor Commissioner under subdivision (c) or (d) may be appealed by +the +a +complainant or +respondent +employer +to the Director of Industrial Relations within 10 days following notification of the Labor Commissioner’s determination. The appeal shall set forth specifically and in full detail the grounds upon which the appealing party considers the Labor Commissioner’s determination to be unjust or unlawful, and every issue to be considered by the director. The director may consider any issue relating to the initial determination and may modify, affirm, or reverse the Labor Commissioner’s determination. The director’s determination shall be the determination of the Labor Commissioner. The director shall notify the +complainant +complainant, if there is one, +and +respondent +employer +of his or her determination within 10 days of receipt of the appeal. +(f) The rights and remedies provided by this section do not preclude an employee from pursuing any other rights and remedies under any other law. +(g) In the enforcement of this section, there is no requirement that an individual exhaust administrative remedies or procedures. +SECTION 1. +Section 98.74 is added to the +Labor Code +, +immediately following Section 98.7 +, to read: +98.74. +In addition to receiving employee complaints pursuant to Section 98.7, the division may, with or without receiving a complaint from an employee, commence an investigation, issue a citation, or bring an action against an employer who discharges or otherwise discriminates against an individual in violation of any law under the jurisdiction of the Labor Commissioner.","Existing law authorizes any person who believes that he or she has been discharged or otherwise discriminated against in violation of any law under the jurisdiction of the Labor Commissioner to file a complaint, as specified, with the Division of Labor Standards Enforcement, which is within the Department of Industrial Relations, and requires the commissioner to establish procedures for the investigation of discrimination complaints. +This bill would authorize the division to, with or without receiving a complaint from an employee, commence an +investigation, issue a citation, or bring an action against +investigation of +an employer +who discharges or otherwise discriminates +that it suspects to have discharged or otherwise discriminated +against an individual in violation of any law under the jurisdiction of the Labor Commissioner.","An act to +add Section 98.74 to +amend Section 98.7 of +the Labor Code, relating to employment." +1065,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known and may be cited as the Mental Health Justice Act. +SEC. 2. +The Legislature finds and declares the following: +(a) Exposure to violence increases the risk of developing a mental health condition such as post-traumatic stress disorder. Children in underserved communities are more likely to be exposed to violence than other children. +(b) Ten times as many people with mental illness are in prisons and jails today than are in mental health treatment facilities. +(c) Correctional facilities spend two to three times more money on adults with mental illnesses than they do on people who do not live with a mental illness. +(d) Despite overall decreasing prison populations, California’s prisons are experiencing increasing demand for mental health treatment services as prison inmates require mental health treatment at higher rates. This number is anticipated to continue to increase in the next five years and beyond. +(e) In California, the annual prison cost for an inmate in the general population is $51,000, while the annual community housing and outpatient treatment costs for a person with mental illness are 60 percent less at $20,412. +(f) Nearly half of all prisoners in California are mentally ill and have received psychiatric treatment within the past year. This number has almost doubled in the last 15 years, making jails and prisons the de facto mental health system. +(g) Individuals with mental illnesses tend to stay longer in prison or jail and, when released, are at a higher risk of returning to prison or jail than those without these illnesses. +(h) Mental health court participants have a significantly lower (47 percent) recidivism rate compared to similar defendants in traditional court. +(i) Mental health courts allow for the consideration of a defendant’s mental health status during court proceedings and have shown to save $7 in costs for every $1 spent. +(j) According to the United States Supreme Court, conditions in California prisons exacerbate mental health issues significantly. Offenders with mental illness are often subjected to higher rates of physical and sexual trauma, forced restraints, solitary confinement, and overmedication while incarcerated. Those who are kept in isolation are at higher risk for psychiatric injury, self-harm, and suicide. +(k) A defendant’s mental illness should inform case processing and the nature of any criminal charges, in alignment with public safety and a defendant’s constitutional rights. +(l) California must increase diversion programs to redirect defendants with mental illness away from prisons and jails, which exacerbate mental illnesses, impede treatment, and increase costs, and toward proven mental health treatment services. +SEC. 2. +SEC. 3. +Chapter 16 (commencing with Section 1425) is added to Title 10 of Part 2 of the Penal Code, to read: +CHAPTER 16. Mental Health Treatment +1425. +(a)If a defendant has pled guilty or nolo contendere to, or been convicted of, an offense that will result in a sentence to state prison or county jail, the defendant or the prosecutor may submit evidence that the defendant suffers from a diagnosable mental illness that was a substantial factor that contributed to the defendant’s criminal conduct. The evidence shall be filed after the defendant’s plea or conviction, but before his or her sentencing. +(b)If evidence is submitted pursuant to subdivision (a), the court shall consider that evidence in conjunction with the defendant’s sentencing. +(c)Upon consideration of the evidence submitted pursuant to subdivision (a), notwithstanding any other law, if the court determines that it is in the best interests of public safety, the court may order one or more of the following: +(1)(A)That the defendant serve, if the defendant agrees, all or a part of his or her sentence in a residential mental health treatment facility instead of in the state prison or county jail, unless that placement would pose an unreasonable risk of danger to public safety. +(B)This paragraph does not apply to a defendant subject to Section 1170.12. +(2)The Department of Corrections and Rehabilitation or county jail authority, as applicable, to place the defendant in a mental health program within the state prison or county jail system, respectively, at a level of care determined to be appropriate by the department’s mental health staff or county mental health staff, within 30 days, of the defendant’s placement in the state prison or county jail. +(3)The Department of Corrections and Rehabilitation or the county jail authority, as applicable, regardless of the type of crime committed to prepare a postrelease mental health treatment plan six months prior to the defendant’s release to parole or postrelease community supervision. The treatment plan shall specify the manner in which the defendant will receive mental health treatment services following that release, and shall address, if applicable and in the discretion of the court, medication management, housing, and substance abuse treatment. +(d)(1)The defendant or prosecutor may, at any time, petition the court for approval to transfer the defendant from a residential mental health treatment facility to a mental health program within the state prison or county jail for the remainder of the defendant’s sentence. +(2)The defendant, prosecutor, Department of Corrections and Rehabilitation, or county jail authority, as applicable, may, at any time, petition the court for permission to remove the defendant from a mental health program within the state prison or county jail system, respectively. +(3)The defendant, prosecutor, Department of Corrections and Rehabilitation, or county jail authority, as applicable, may, at any time, petition the court for dismissal of the requirement that the Department of Corrections and Rehabilitation or county jail authority, respectively, prepare a postrelease mental health treatment plan. +(e)The defendant shall have the right to counsel for all proceedings under this section. +1425. +(a) A defendant who has pleaded guilty or nolo contendere to, or was convicted of, a felony or misdemeanor and who currently is, or at any prior time was, eligible for public mental health services due to serious mental illness or who currently is, or at any prior time was, eligible for Social Security Disability Insurance benefits due to a diagnosed mental illness may petition the court for a sentence that includes mental health treatment. The petition shall be filed after the defendant’s plea or conviction, but before his or her sentencing. +(b) The defendant shall bear the burden of establishing by a preponderance of the evidence that he or she meets the criteria in subdivision (a). +(c) If the court determines that the defendant has met his or her burden, as described in subdivision (b), and that it is in the public interest, the court may order that the defendant’s sentence include one or more of the following: +(1) (A) A requirement that the defendant serve, if the defendant agrees, all or a part of his or her sentence in a residential mental health treatment facility instead of in the state prison or a county jail, if that placement would not pose an unreasonable risk of danger to public safety and is in the interest of justice pursuant to Section 1385. +(B) A defendant is not eligible for subparagraph (A) if his or her current plea or conviction is for a violent felony, as defined in subdivision (c) of Section 667.5, or if the defendant is required by statute to serve his or her entire sentence only in state prison. +(2) Regardless of the offense to which the defendant pleaded guilty or nolo contendere or for which the defendant was convicted, a requirement that the Department of Corrections and Rehabilitation or county jail authority, as applicable, place the defendant in a mental health program within the state prison or county jail system at a level of care determined to be appropriate by the department’s mental health staff or county mental health staff, within 30 days of the defendant’s sentencing. +(3) Regardless of the offense to which the defendant pleaded guilty or nolo contendere or for which the defendant was convicted, a requirement that the Department of Corrections and Rehabilitation or the county jail authority, as applicable, prepare a postrelease mental health treatment plan six months prior to the defendant’s release from custody. The treatment plan shall specify the manner in which the defendant will receive mental health treatment services following release from custody and shall address, if applicable and at the discretion of the court, medication management, housing, and substance abuse treatment. +(d) At any time, upon a petition from the defendant or prosecutor, if it is in the public interest, the court may recall a sentence that includes a mental health treatment order issued under this section and either resentence the defendant to other mental health treatment authorized under subdivision (c) or resentence the defendant in the same manner as if he or she had not previously been sentenced with application of this section. The defendant shall receive credit for the time he or she served on the prior sentence. +(e) The defendant shall have the right to counsel for all proceedings under this section. +SEC. 3. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law prohibits a person from being tried, adjudged to punishment, or having his or her probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. Existing law establishes a process by which a defendant’s mental competency is evaluated and by which the defendant receives treatment, including, if applicable, antipsychotic medication, with the goal of returning the defendant to competency. Existing law credits time spent by a defendant in a state hospital or other facility as a result of commitment during the process toward the term of any imprisonment for which the defendant is sentenced. +Existing law, as added by Proposition 184, adopted November 8, 1994, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, prohibits certain recidivist offenders from being committed to any facility other than a state prison. +This bill would authorize, if a defendant has pled guilty or nolo contendere to, or been convicted of, an offense that will result in a sentence to state prison or county jail, the defendant or the prosecutor submit evidence that the defendant suffers from a diagnosable mental condition that was a substantial factor that contributed to the defendant’s criminal conduct. The bill would require that the evidence be submitted after the defendant’s conviction, but before his or her sentencing. The bill would require the court to consider any evidence submitted as described above in conjunction with the defendant’s sentencing, and would authorize the court to order the Department of Corrections and Rehabilitation or county jail authority, as applicable, to place the defendant in a residential mental health treatment facility. This placement would not be available to a defendant who is subject to the Three Strikes Law. The bill would also authorize the court to order the department or jail authority to place the defendant in a mental health program within the state prison or county jail, respectively. The bill would provide that the defendant has the right to counsel for these proceedings. +This bill would authorize a defendant who is or has been eligible for public mental health services due to a serious mental illness or who is eligible for Social Security Disability Insurance benefits due to a diagnosed mental illness to petition the court, after the defendant’s plea or conviction but prior to sentencing, for a sentence that includes mental health treatment. The bill would authorize a court, if it finds that the defendant has shown that he or she meets the criteria by a preponderance of the evidence, to order the Department of Corrections and Rehabilitation or the county authority to provide specified mental health service, including placement in a residential mental health treatment facility instead of state prison or county jail, placement in a mental health program within the state prison or county jail, or preparation of a postrelease mental health treatment plan. The bill would authorize the court, upon petition of the defendant or the prosecution, to recall a sentence that includes a mental health order and resentence the defendant to other mental health treatment or resentence the defendant without mental health treatment. The bill would provide that the defendant has the right to counsel for these proceedings. +By imposing additional duties upon county jail authorities, this bill would create a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Chapter 16 (commencing with Section 1425) to Title 10 of Part 2 of the Penal Code, relating to prisoners." +1066,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 144.9 is added to the Labor Code, to read: +144.9. +(a) As used in this section: +(1) “Division” means the Division of Occupational Safety and Health. +(2) “Electrocautery device” means a device that is electrically heated to cut, ablate, or coagulate human tissue for therapeutic purposes. +(3) “Electrosurgical device” means a device that uses a radio frequency electric current passing through the patient to cut, ablate, or coagulate human tissue for therapeutic purposes. +(4) “Energy-based device” means a device that uses energy to ablate, cauterize, or mechanically manipulate target human tissue including lasers, electrosurgical generators, broadband light sources, ultrasonic instruments, plasma generators, bone saws, and drills. +(5) “Health facility” means a health facility as defined in subdivision (a) of Section 1250 of the Health and Safety Code. +(6) “Plume” means noxious airborne contaminants generated as byproducts of the use of energy-based devices, electrosurgical devices, electrocautery devices, or mechanical tools during surgical, diagnostic, or therapeutic procedures. +(7) “Plume scavenging system” means smoke evacuators, laser plume evacuators, plume scavengers, and local exhaust ventilators that capture and neutralize plume at the site of origin and before plume can make ocular contact or contact with the respiratory tract of employees. +(b) (1) The division, by June 1, 2017, shall convene an advisory committee to develop a regulation that requires a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume. The advisory committee may include health facilities, practicing physicians and surgeons from affected specialties, registered nurses and other affected health care personnel, labor and specialty organizations representing affected registered nurses, labor and specialty organizations representing other affected health care personnel, and other stakeholders. +(2) By June 1, 2018, the division shall submit to the board the proposed regulation requiring a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume. +(3) In developing the regulation, the division shall do all of the following: +(A) Evaluate using as a benchmark the standards titled “Systems for evacuation of plume generated by medical devices” (ISO 16571) adopted by the International Organization for Standardization and the standards titled “Plume scavenging in surgical, diagnostic, therapeutic, and aesthetic settings” (CSA Z305.13-13) adopted by the CSA Group. +(B) Take into consideration recommendations on the evacuation of plume from the federal Occupational Safety and Health Administration and National Institute for Occupational Safety and Health. +(C) Take into consideration the standards titled “Systems for evacuation of plume generated by medical devices” (ISO 16571) adopted by the International Organization for Standardization in developing a standard establishing how much plume shall be captured by a plume scavenging system. +(D) Include a requirement in the regulation for employers to provide training to all workers foreseeably participating in procedures that involve the creation of plume. The training shall include, but not be limited to, general education on the contents of plume, the circumstances in which it is generated, the associated health and safety hazards, and appropriate use of the plume scavenging equipment and systems utilized by the health facility. The training shall be designed to provide an opportunity for interactive questions and answers with a person knowledgeable about occupational exposure to plume and the specific equipment utilized to scavenge plume. +(c) The board shall, by July 1, 2019, adopt the proposed regulation of the division, except as specified in subdivision (f), requiring a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume. +(d) (1) Nothing in this section alters, amends, expands, or reduces existing general room ventilation standards or requirements. These plume scavenging standards are in addition to general room ventilation standards or requirements, and compliance with general room ventilation standards shall not satisfy the requirements of this section. +(2) Evidence that the plume scavenging system conforms to the minimum requirements of this section when installed, operated, and maintained in accordance with the manufacturer’s instructions, shall be provided by the manufacturer. +(e) The use of surgical masks shall not satisfy the requirements of this section. The use of respirators shall not satisfy the requirements of this section except when, due to medical necessity, the plume scavenging system is not able to be located where it effectively captures plume. +(f) This section shall not limit the authority of the division to develop a regulation, or the authority of the board to adopt a regulation, that is broader in scope or broader in application than required by this section. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, the Occupational Safety and Health Standards Board within the Department of Industrial Relations promulgates and enforces occupational safety and health standards for the state, including standards dealing with toxic materials and harmful physical agents. Under existing law, the Division of Occupational Safety and Health is required to enforce all occupational safety and health standards, as specified. A violation of these standards and regulations under specific circumstances is a crime. +This bill would, by June 1, 2017, require the division to convene an advisory committee to develop a regulation that requires a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume and would authorize certain entities and people to be on the advisory committee, including, among others, practicing physicians and surgeons from affected specialties. The bill would require the division, in developing the regulation to do certain things, including evaluating the use of certain standards adopted by specified organizations as a benchmark. The bill would also require the division, when developing the proposed regulation, to take into consideration recommendations on the evacuation of plume from the federal Occupational Safety and Health Administration or National Institute for Occupational Safety and Health. The bill would, by June 1, 2018, require the division to submit to the board the proposed regulation. The bill would, by July 1, 2019, require the board to adopt the proposed regulation. +The bill would provide that compliance with general room ventilation standards or the use of surgical masks does not satisfy the requirements for protection from surgical plumes under these provisions. The bill would provide that the use of respirators does not satisfy the requirements for protection from surgical plumes under these provisions, except as specified. The bill would require the manufacturer of a plume scavenging system to provide evidence that the system meets specified minimum requirements when installed, operated, and maintained in accordance with the manufacturer’s instructions. +The bill would specify that these provisions do not limit the authority of the division to develop, or limit the authority of the board to adopt, a regulation with a broader scope or broader application than required by these provisions. +By expanding the definition of an existing crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 144.9 to the Labor Code, relating to occupational safety and health." +1067,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14103 of the Financial Code is amended to read: +14103. +The bylaws shall prescribe the manner in which the business of the credit union shall be conducted with reference to the following matters: +(a) The purpose of the credit union. +(b) The qualification for membership. +(c) Determination of the month, time and place of the annual meeting; the manner of conducting meetings; the method by which members shall be notified of meetings; and the number of members which shall constitute a quorum. +(d) The authorized number of directors, the number of directors necessary to constitute a quorum, and the powers and duties of officers elected by the directors. +(e) The membership, powers, and duties of the supervisory or audit committee, as applicable. +(f) The membership, powers, and duties of the credit committee or if applicable, the general powers, responsibilities and duties of the credit manager. +(g) The manner in which the bylaws may be amended. +SEC. 2. +Section 14252 of the Financial Code is amended to read: +14252. +(a) A credit union with total assets equal to or greater than ten million dollars ($10,000,000) shall, within 105 days after the end of each fiscal year or within any extended time that the commissioner may specify, file with the commissioner an audit report for the fiscal year. +(b) The audit report called for in subdivision (a) shall comply with all of the following provisions: +(1) The audit report shall contain the audited financial statements of the credit union for, or as of the end of, the fiscal year, prepared in accordance with generally accepted accounting principles that the commissioner may specify, and any other information that the commissioner may specify. +(2) The audit report shall be based upon an audit of the credit union, conducted in accordance with generally accepted auditing standards, and any other requirements that the commissioner may specify. +(3) The audit report shall be prepared by an independent certified public accountant or independent public accountant who is acceptable to the commissioner. +(4) The audit report shall include, or be accompanied by, a certificate or opinion of the independent certified public accountant or independent public accountant that is satisfactory in form and content to the commissioner. If the certificate or opinion is qualified, the commissioner may order the credit union to take any action that the commissioner may find necessary or advisable to enable the independent certified public accountant or independent public accountant to remove the qualification. +(c) A credit union with total assets of less than ten million dollars ($10,000,000) shall, within 105 days after the end of each fiscal year or within any extended time that the commissioner may specify, file with the commissioner an audit report for the fiscal year. +(d) The audit report called for in subdivision (c) may comply with all the provisions of subdivision (b), or may consist of alternative procedures acceptable to the commissioner. An alternative procedures audit may be performed by any of the following: +(1) An independent certified public accountant. +(2) An independent public accountant. +(3) The credit union’s supervisory or audit committee, as applicable, provided that the audit complies with the requirements of Section 14253. +(e) Notwithstanding subdivision (d), the commissioner may reject an alternative procedures audit that he or she determines is not satisfactory. If the commissioner rejects an alternative procedures audit for any reason, he or she may order a credit union to obtain an audit that is satisfactory to the commissioner. +(f) The commissioner may, by order or regulation, either unconditionally or upon specified terms and conditions, grant an exemption from this section in any case where the commissioner finds that the requirements of this section are not necessary or advisable. +SEC. 3. +Section 14453 of the Financial Code is amended to read: +14453. +The board of directors of every credit union shall have the general management of the affairs, funds, and records of the credit union. The board shall meet on a regular basis, not less than quarterly, as reasonably determined by the board. The board may appoint an executive committee of no fewer than three directors, to serve at its pleasure, to act as expressly approved by the board of directors in accordance with the laws and regulations. +SEC. 4. +Section 14456 of the Financial Code is amended to read: +14456. +Unless the bylaws expressly reserve any or all of the following duties to the members, the directors have all of the following special duties: +(a) To act upon all applications for membership. The directors may delegate the power to approve applications for new membership to: (1) the chairperson of a membership committee or to an executive committee; or (2) any officer, director, committee member, or employee, pursuant to a written membership plan adopted by the board of directors. +(b) To expel members for any of the following causes: +(1) Conviction of a criminal offense involving moral turpitude. +(2) Failure to carry out contracts, agreements, or obligations with the credit union. +(3) Refusal to comply with the provisions of this division or of the bylaws. +Any members who are expelled by the board of directors have the right to appeal therefrom to the members, in which event, after hearing, the order of suspension may be revoked by a two-thirds vote of the members present at a special meeting to consider the matter. +(c) To determine from time to time the interest rate on obligations with members and to authorize the payment of interest refunds to borrowing members. +(d) To fix the maximum number of shares which may be held by, and, in accordance with Section 15100, establish the maximum amount of obligations which may be entered into with, any one member. +(e) To declare dividends on shares in accordance with the credit union’s written capital structure policy and to determine the interest rate or rates which will be paid on certificates for funds. +(f) To amend the bylaws, except where membership approval is required. +(g) To fill vacancies in the credit committee, and to temporarily fill vacancies caused by the suspension of any or all members of the credit committee, pending a meeting of the members to determine whether to affirm the suspension and vacate the office, or to reinstate the member or members. +(h) To direct the deposit or investment of funds, except loans to members. +(i) To designate alternate members of the credit committee who shall serve in the absence or inability of the regular members to perform their duties. +(j) To perform or authorize any action not inconsistent with law or regulation and not specifically reserved by the bylaws for the members, and to perform any other duties as the bylaws may prescribe. +SEC. 5. +Section 14550 of the Financial Code is amended to read: +14550. +Every credit union shall have a supervisory committee of at least three persons, provided that the number of members on the committee is an odd number, each of whom shall be a member of the credit union and elected by the members of the credit union. In the alternative, the board of directors may establish an audit committee subject to the requirements of Section 14556. +SEC. 6. +Section 14556 is added to the Financial Code, to read: +14556. +(a) The board of directors may, by resolution, establish an audit committee in lieu of a supervisory committee. An audit committee that meets all the requirements of this section shall be deemed to satisfy the requirements for a supervisory committee set forth in Sections 14550 to 14555, inclusive, or in any applicable bylaw provision. +(b) The vote of the board of directors to establish an audit committee in lieu of a supervisory committee shall be affirmed by a majority vote of members voting. Following the affirmative vote of the membership, the supervisory committee shall be deemed dissolved upon the appointment of an audit committee by the board of directors. +(c) The audit committee shall consist of at least three persons, provided that it is an odd number, each of whom shall be a member of the credit union and appointed by a majority of the board of directors. The audit committee may be comprised of directors, or both directors and non-directors, provided that no less than a majority of the members of the audit committee at any given time shall be comprised of directors. No member of the audit committee shall serve as a member of the credit committee, as the credit manager, as the board chairman, or as an employee of the credit union. +(d) The audit committee shall carry out the responsibilities set forth in subdivision (c) of Section 14551 and Sections 14551.5 and 14553 and shall: +(1) Ensure that the credit union complies with Section 14252. +(2) Ensure that the credit union maintains an effective internal audit program, including a system of internal controls and individuals with sufficient training and experience to adequately and timely review all key areas of a credit union’s operations. +(e) The board of directors may, by subsequent resolution, reestablish a supervisory committee in lieu of an audit committee, which shall be affirmed by membership vote. The audit committee shall be deemed dissolved upon the election of a supervisory committee by the membership. +SEC. 7. +Section 14804 of the Financial Code is amended to read: +14804. +The members of a credit union shall hold an annual meeting for the election of: (a) directors; (b) a supervisory committee, unless the board of directors has appointed an audit committee pursuant to Section 14556; and (c) a credit committee, if provided for in its bylaws. The annual meeting shall be held upon such notice and at such time and place as the bylaws provide. +SEC. 8. +Section 14950 of the Financial Code is amended to read: +14950. +(a) Every credit union may enter into obligations with its members upon the approval of the credit committee or, in the alternative, the credit manager, subject to the terms and conditions established by the board of directors pursuant to Section 15100. +(b) (1) The board of directors of a credit union shall adopt a policy governing the acceptance by the credit union of notes receivable from nonmembers as consideration for the sale of assets owned by the credit union through bona fide transactions. +(2) No credit union may accept notes receivable from nonmembers as consideration for the sale of assets owned by the credit union except in accordance with a policy adopted by the board of directors pursuant to paragraph (1). +(3) Transactions subject to this subdivision shall not be deemed to be loans to nonmembers for purposes of Section 14750. +(c) Notwithstanding subdivision (a), a credit union may permit a nonmember to participate in an obligation or extension of credit to a member as a joint applicant, co-obligor, coborrower, surety, or guarantor. An obligation or extension of credit made pursuant to this subdivision shall not be deemed a violation of subdivision (b) of Section 14800. Except as otherwise permitted by statute or regulation, the credit union shall not extend any other benefit or service of the credit union to the nonmember solely as a result of participation as a joint applicant, co-obligor, coborrower, surety, or guarantor unless the nonmember is thereafter admitted to membership. +SEC. 9. +Section 14951 of the Financial Code is repealed. +SEC. 10. +Section 15050 of the Financial Code is amended to read: +15050. +(a) For purposes of this section, the following definitions shall apply: +(1) “Credit manager” means any individual, regardless of title, designated pursuant to Section 14600 to fulfill the duties of a credit manager. +(2) “Obligation” means any loan or approved line of credit, including both used and unused portions, on which the official is a borrower, coborrower, cosigner, endorser, or guarantor. +(3) “Official” means a director, member of the supervisory committee, member of the audit committee, member of the credit committee, credit manager, president, or chief executive officer of a credit union. +(b) No credit union shall enter into any obligation with any official, directly or indirectly, unless (1) the obligation complies with all lawful requirements of this division with respect to obligations permitted for other members of the credit union, (2) the obligation is not on terms more favorable than those extended to other members of the credit union, and (3) the obligation is entered into in accordance with a written policy adopted by the directors establishing that all officials shall have an equal opportunity to enter into obligations with the credit union. +(c) No credit union shall enter into any obligation with any official, directly or indirectly, unless all of the following requirements are satisfied: +(1) Upon the making of the obligation, the aggregate amount of obligations outstanding to all officials, except obligations fully secured by shares, shall not exceed 20 percent of the aggregate dollar amount of all savings capital of the credit union. +(2) The obligation, except any portion of an obligation fully secured by shares, shall not exceed the maximum obligation to the credit union set forth in subdivisions (b) and (c) of Section 15100. +(3) Any obligation that would cause the aggregate amount of obligations outstanding to the official to exceed fifty thousand dollars ($50,000), excluding any portion fully secured by shares, shall be approved by the credit committee or the credit manager, and by the board of directors. An official shall not take part in any credit decision, directly or indirectly, for his or her benefit and shall not be present during any portion of any committee or board meeting where his or her credit application is under consideration. +(4) The names of members of the credit committee, the credit manager, and board of directors who voted to authorize or ratify the obligation shall be entered in their respective minutes. +(d) No credit union shall permit an official to become surety for any obligation created by the credit union for anyone other than a member of his or her immediate family. +(e) No credit union shall enter into any obligation with any credit manager or any officer employed by the credit union unless the obligation is in compliance with all requirements of this division with respect to obligations permitted for other nonemployee members, and not on terms more favorable than those extended to other employees, and approved by the board of directors. +SEC. 11. +Section 15100 of the Financial Code is amended to read: +15100. +(a) The board of directors shall establish written policies which shall set forth the policies of the credit union with respect to any obligation that is offered to the members of the credit union. The written policies shall set forth the maximum amounts and terms for any obligation offered to the members, including, but not limited to, the following information: +(1) For loans, the written policies shall set out the terms for unsecured loans, the maximum amount and terms for secured loans, the schedule of interest rates established pursuant to Section 15000 for each type or class of unsecured and secured loan offered to members, the maximum maturity for any loan, or, in the case of an open-end loan, the rate of repayment for any type or class of open-end loan, the limitations, if any, which shall be placed on the authority of any loan officer appointed pursuant to Sections 14602 and 14603, and, subject to the provisions of subdivisions (b) and (c), the individual limits on obligations that are applicable to all members of the credit union. Any policy developed pursuant to this section by the board of directors shall, insofar as possible, and, subject to individual creditworthiness, ensure equal access to funds available for obligations with credit union members. +(2) For obligations other than those set out in paragraph (1), the board of directors shall set out the interest rates and essential terms of the obligations offered to the members and any other information as may be required pursuant to regulations that may be adopted by the commissioner. +(b) Notwithstanding subdivision (a), no credit union policy shall permit a credit union to enter into obligations with an individual credit union member whereby the total obligations of that member, exclusive of amounts secured by shares or certificates for funds, exceed 10 percent of the aggregate dollar amount of the credit union’s savings capital. +(c) Notwithstanding subdivision (b), no credit union policy shall permit a credit union to enter into obligations with any one family whereby the total obligations of the family would be greater than the amount permitted by subdivision (b). For purposes of this article, “family” means the marital couple or any head of household together with those dependents residing with the marital couple or the head of household and those dependents attending school away from the principal residence of the marital couple or head of household.","(1) The California Credit Union Law provides for the regulation of credit unions within the state by the Commissioner of Business Oversight. The law requires a credit union to be directed by a board of directors consisting of an odd number of directors, at least 5 in number, each of whom are a member of the credit union, to be elected by the members at their annual meeting. The law requires a credit union to have a supervisory committee of at least 3 persons, each of whom is a member of the credit union. The law authorizes the directors to delegate the approval of applications for new memberships to any officer, director, committee member, or employee pursuant to a written membership plan adopted by the board, provided the board reviews, at least quarterly, a report of membership applications approved by an officer, director, committee member, or employee. +This bill would require the board to meet on a regular basis, not less than quarterly, as reasonably determined by the board. The bill would require the membership of the supervisory committee to be an odd number and would authorize, in lieu of the requirement for a supervisory committee, the establishment of an audit committee and the selection of the members of the audit committee. The bill would remove the requirement for the directors to, at least quarterly, review a report of membership applications approved by an officer, director, committee member, or employee to whom the directors delegated the authority to approve applications for new membership. +(2) The California Credit Union Law prohibits an obligation with a member that is not a natural person and results in liability to the credit union in excess of that member’s investment in the credit union unless an exception is authorized in the credit union’s bylaws and approved by the commissioner. The law authorizes any lending activity permitted pursuant to this provision to be terminated by the commissioner pursuant to a specific procedure. +This bill would repeal this prohibition. +(3) The California Credit Union Law limits the circumstances when a nonmember may participate in an obligation or extension of credit to a member as a joint applicant or co-obligor. +This bill would include the terms coborrower, surety, and guarantor within these provisions. +(4) The California Credit Union Law limits a credit union from entering, directly or indirectly, into any obligation with an official, and defines that term to mean a director, officer, member of the supervisory committee, or member of the credit committee of a credit union. +This bill would modify that definition to remove the position of an officer, and to include the positions of a member of the audit committee, credit manager, president, and chief executive officer of a credit union. +(5) The California Credit Union Law requires any application for any loan or extension or guarantee of credit, except as specified, to state in writing the purpose for which the loan or extension or guarantee of credit is desired, and, if applicable, describe the property that is proposed to secure the loan or extension or guarantee of credit. +This bill would repeal this requirement.","An act to amend Sections 14103, 14252, 14453, 14456, 14550, 14804, 14950, 15050, and 15100 of, to add Section 14556 to, and to repeal Section 14951 of, the Financial Code, relating to credit unions." +1068,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 5899 of the Welfare and Institutions Code is amended to read: +5899. +(a) The State Department of Health Care Services, in consultation with the Mental Health Services Oversight and Accountability Commission and the County Behavioral Health Directors Association of California, shall develop and administer instructions for the Annual Mental Health Services Act Revenue and Expenditure Report. The instructions shall include a requirement that the county certify the accuracy of this report. This report shall be submitted electronically to the department and to the Mental Health Services Oversight and Accountability Commission. The department and the commission shall annually post each county’s report on its website in a timely manner. +(b) The department, in consultation with the commission and the County Behavioral Health Directors Association of California, shall revise the instructions described in subdivision (a) by July 1, 2017, and as needed thereafter, to improve the timely and accurate submission of county revenue and expenditure data. +(c) The purpose of the Annual Mental Health Services Act Revenue and Expenditure Report is as follows: +(1) Identify the expenditures of Mental Health Services Act (MHSA) funds that were distributed to each county. +(2) Quantify the amount of additional funds generated for the mental health system as a result of the MHSA. +(3) Identify unexpended funds, and interest earned on MHSA funds. +(4) Determine reversion amounts, if applicable, from prior fiscal year distributions. +(d) This report is intended to provide information that allows for the evaluation of all of the following: +(1) Children’s systems of care. +(2) Prevention and early intervention strategies. +(3) Innovative projects. +(4) Workforce education and training. +(5) Adults and older adults systems of care. +(6) Capital facilities and technology needs. +(e) Based on the report required pursuant to subdivision (a), the State Department of Health Care Services, no later than nine months after the end of each fiscal year, shall collect and publicly report all of the following information, by statewide total and by individual county: +(1) Total revenue received from the Mental Health Services Act (MHSA). +(2) The amount of MHSA funds received by the counties for each of the following components of the act: +(A) Community services and supports. +(B) Prevention and early intervention. +(C) Innovation. +(D) Housing that is not funded under subparagraph (A). +(E) Workforce education and training that is not funded under subparagraph (A). +(F) Capital facilities and technological needs that are not funded under subparagraph (A). +(G) Other mental health services not reflected in subparagraphs (A) to (F), inclusive. +(3) MHSA revenues expended in the prior fiscal year. +(4) The amount of the MHSA funds expended by the counties for each of the components listed in paragraph (2). +(5) Funds held in prudent reserve by each county. +(6) Distributions from the counties’ prudent reserves. +(7) For the most recent fiscal year, the amount of unspent MHSA funds for each component listed in paragraph (2). +(8) MHSA funds subject to reversion and funds that have reverted. +(f) The information required to be reported pursuant to subdivision (e) shall be reported for each fiscal year and shall include statewide totals. The information shall be updated annually, including revisions when necessary. Revisions shall be identified as figures that have been revised from prior year reports. Annual reports shall include fiscal information for a period of not less than 10 fiscal years and shall include information for the most recent fiscal year. +(g) (1) In addition to the information required pursuant to subdivision (e), the department shall publicly report annual county program expenditures for each of the following: +(A) Program administration. +(B) Research and evaluation. +(C) Funds used to support joint powers authorities or other statewide entities. +(2) A county that cannot supply some or all of the information required by paragraph (1) shall provide an explanation as to why and shall provide a timeframe for making the information available. +(3) The department shall work with counties and other local mental health agencies to determine how best to make the information required in paragraph (1) available, including estimates. Estimated information shall be reported as an estimate. +(h) Counties may submit to the department information about programs that address the following areas: +(1) Homelessness. +(2) Criminal justice diversion or related programs. +(3) Suicide prevention. +(4) School-based mental health programs designed to reduce school failure. +(5) Employment or other programs intended to reduce unemployment. +(6) Programs intended to reduce or prevent involvement with the child welfare system. +(7) Stigma reduction. +(8) Programs specifically designed to reduce racial and ethnic disparities. +(9) Programs specifically designed to meet the needs of the following populations: +(A) Veterans. +(B) Lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQQ). +(C) Children. +(D) Transition-age youth. +(E) Adults. +(F) Older adults. +(i) The department shall compile the information in subdivisions (e) to (h), inclusive, collected from counties or other local mental health agencies to promote public understanding of MHSA funds that are distributed statewide and for each county, as well as how those funds are spent and what funds remain available for expenditure. +(j) The department shall consult with the Mental Health Services Oversight and Accountability Commission, the State Controller’s Office, the Department of Finance, counties and other local mental health agencies, and any other agency required to implement this section. +(k) The department shall consolidate reporting requirements when feasible and shall propose to the appropriate policy committees of the Legislature strategies to refine and consolidate reporting requirements to meet the goals of this section. +(l) The department shall make the information required by this section available to the Legislature and the public on its Internet Web site no later than July 1, 2018, and annually thereafter. +(m) If a county does not submit the annual revenue and expenditure report described in subdivision (a) by the required deadline, the department may withhold MHSA funds until the reports are submitted.","Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission. Existing law requires the State Department of Health Care Services, in consultation with the Mental Health Services Oversight and Accountability Commission and the County Behavioral Health Directors Association of California, to develop and administer instructions for the Annual Mental Health Services Act Revenue and Expenditure Report, which gathers specified information on mental health spending as a result of the MHSA, including the expenditures of funds distributed to each county. +This bill would require the department, based on the Annual Mental Health Services Act Revenue and Expenditure Report, to compile information, in total and by county on an annual basis, that includes, among other things, the total amount of MHSA revenue, the amount of MHSA money received and expended for each specified component of the MHSA program, and the amount of MHSA money spent on program administration. The bill would require the department to make the collected information available to the Legislature and the public on its Internet Web site no later than July 1, 2018, and annually thereafter.","An act to amend Section 5899 of the Welfare and Institutions Code, relating to mental health." +1069,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10708 is added to the Elections Code, to read: +10708. +(a) A State Senator or Member of the Assembly who resigns from office before the expiration of his or her term shall reimburse from his or her surplus campaign funds the county or counties that hold a special election pursuant to this chapter to fill the vacancy for any expenses authorized and necessarily incurred in the preparation for, and conduct of, the special election. +(b) Expenses for which reimbursement is required pursuant to subdivision (a) shall be paid from the former officeholder’s surplus campaign funds, as defined by Section 89519 of the Government Code, to the extent he or she has funds available to do so; however, if a former officeholder violates subdivision (c) of Section 89510 of the Government Code, he or she shall be personally liable for those expenses to the extent he or she lacks sufficient surplus campaign funds to pay them. +(c) If the legislative district encompasses more than one county, the surplus campaign funds shall be prorated among the counties conducting the special election in proportion to the percentage of the district each county composes. +SEC. 2. +Section 89510 of the Government Code is amended to read: +89510. +(a) A candidate for elective state office may only accept contributions within the limits provided in Chapter 5 (commencing with Section 85100). +(b) All contributions deposited into the campaign account shall be deemed to be held in trust for expenses associated with the election of the candidate or for expenses associated with holding office. +(c) If a State Senator or Member of the Assembly decides to resign from office before the expiration of his or her term, he or she subsequently shall only use funds held pursuant to this section to pay outstanding campaign debts or reasonable expenses. Funds held pursuant to this section are subject to Section 89519 to the extent they become surplus funds. +(d) There is a rebuttable presumption that a State Senator or Member of the Assembly who +resigns +resigned +decided to do so six months before he or she vacated office. The presumption may be rebutted by objective evidence, such as evidence indicating that the former officeholder initiated or responded to an offer of employment on a particular date, that the State Senator or Member of the Assembly decided to resign greater than or less than six months before he or she vacated office. +SEC. 3. +Section 89519 of the Government Code is amended to read: +89519. +(a) Upon the 90th day after leaving an elective office, or the 90th day following the end of the postelection reporting period following the defeat of a candidate for elective office, whichever occurs last, campaign funds under the control of the former candidate or elected officer shall be considered surplus campaign funds and shall be disclosed pursuant to Chapter 4 (commencing with Section 84100). +(b) Surplus campaign funds shall be used only for the following purposes: +(1) The payment of outstanding campaign debts or elected officer’s expenses. +(2) The repayment of contributions. +(3) Donations to a bona fide charitable, educational, civic, religious, or similar tax-exempt, nonprofit organization, where no substantial part of the proceeds will have a material financial effect on the former candidate or elected officer, any member of his or her immediate family, or his or her campaign treasurer. +(4) Contributions to a political party committee, provided the campaign funds are not used to support or oppose candidates for elective office. However, the campaign funds may be used by a political party committee to conduct partisan voter registration, partisan get-out-the-vote activities, and slate mailers as that term is defined in Section 82048.3. +(5) Contributions to support or oppose a candidate for federal office, a candidate for elective office in a state other than California, or a ballot measure. +(6) The payment for professional services reasonably required by the committee to assist in the performance of its administrative functions, including payment for attorney’s fees and other costs for litigation that arises directly out of a candidate’s or elected officer’s activities, duties, or status as a candidate or elected officer, including an action to enjoin defamation, defense of an action brought for a violation of state or local campaign, disclosure, or election laws, and an action from an election contest or recount. +(7) The payment of expenses authorized and necessarily incurred in the preparation for, and conduct of, a special election, as required by Section 10708 of the Elections Code. +Surplus campaign funds shall be applied to these costs before being used for any other purpose, and any funds remaining after payment of these costs shall be used only for the purposes described in paragraph (3) of this subdivision. +(c) +A former officeholder subject to Section 10708 of the Elections Code may only use surplus funds for the purposes described in paragraphs (1) and (7) of subdivision (b) of this section. Once the costs identified in paragraph (7) of subdivision (b) are paid in full, a former officeholder may also use surplus funds for the purposes described in paragraph (3) of subdivision (b). +(d) +For purposes of this section, the payment for, or the reimbursement to the state of, the costs of installing and monitoring an electronic security system in the home or office, or both, of a candidate or elected officer who has received threats to his or her physical safety shall be deemed an outstanding campaign debt or elected officer’s expense, provided that the threats arise from his or her activities, duties, or status as a candidate or elected officer and that the threats have been reported to and verified by an appropriate law enforcement agency. Verification shall be determined solely by the law enforcement agency to which the threat was reported. The candidate or elected officer shall report an expenditure of campaign funds made pursuant to this section to the Commission. The report to the Commission shall include the date that the candidate or elected officer informed the law enforcement agency of the threat, the name and the telephone number of the law enforcement agency, and a brief description of the threat. No more than five thousand dollars ($5,000) in surplus campaign funds may be used, cumulatively, by a candidate or elected officer pursuant to this subdivision. Payments made pursuant to this subdivision shall be made during the two years immediately following the date upon which the campaign funds become surplus campaign funds. The candidate or elected officer shall reimburse the surplus fund account for the fair market value of the security system no later than two years immediately following the date upon which the campaign funds became surplus campaign funds. The campaign funds become surplus campaign funds upon sale of the property on which the system is installed, or prior to the closing of the surplus campaign fund account, whichever comes first. The electronic security system shall be the property of the campaign committee of the candidate or elected officer. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 5. +The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.","The California Constitution requires the Governor to immediately call an election to fill a vacancy in the Legislature. Existing law provides specific procedures for the nomination and election of candidates at any special election to fill a vacancy in the office of State Senator or Member of the Assembly. +Exiting law, the Political Reform Act of 1974, provides that contributions deposited into a campaign account are deemed to be held in trust for expenses associated with the election of a candidate or for expenses associated with holding office. The act provides that campaign funds under the control of a former candidate or elected officer are considered surplus campaign funds at a prescribed time, and it prohibits the use of surplus campaign funds except for specified purposes. +This bill would prohibit a State Senator or Member of the Assembly who decides to resign from office before the expiration of his or her term from subsequently using campaign funds held in trust for any purpose other than paying outstanding campaign debts or reasonable expenses. The bill would amend the list of specified purposes allowable for the use of surplus campaign funds to include the payment of expenses to hold a special election to fill the vacancy created by the Member’s resignation and would require the former Member to pay from his or her surplus campaign funds such election-related expenses, to the extent he or she has funds available to do so. Once election-related expenses are paid, this bill would limit the use of excess surplus funds to +charitable +certain +purposes. +This bill would further make a Member who, after deciding to resign, uses campaign funds for purposes other than those authorized in that circumstance personally liable for expenses to hold a special election. +A violation of the provisions of the Political Reform Act of 1974 is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a +2/3 +vote of each house and compliance with specified procedural requirements. +This bill would declare that it furthers the purposes of the act.","An act to add Section 10708 to the Elections Code, and to amend Sections 89510 and 89519 of the Government Code, relating to elections." +1070,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The state has a unique obligation to children and youth in the foster care system. When the state removes children and youth from their parents, it is responsible for providing for the safety and well-being of the children and youth and for preparing them for self-sufficient adulthood. +(b) Foster youth who leave the foster care system because of age face unique challenges in seeking and obtaining employment upon leaving the system. The foster care program provides little assistance to youth in finding employment. +(c) The unemployment rate for youth who have left the foster care system because of age is estimated at 50 percent. +(d) The state is a major employer within the state, yet state law makes no provision for assisting youth who have left the foster care system because of age in becoming civil service employees of the state. +(e) The state owes a unique responsibility to foster youth in assisting them to secure permanent employment. It also has an obligation to demonstrate to private employers, by example, the importance of hiring foster youth and former foster youth. +(f) It is the intent of the Legislature to recognize the state’s role as a parent to children and youth in foster care and to assist them in securing permanent employment in state government by providing them access to needed training positions. +SEC. 2. +Article 3 (commencing with Section 54660) is added to Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code, to read: +Article 3. +Former +Foster Youth Job Readiness Training Pilot Program +54660. +(a) With moneys appropriated by the Legislature for the purposes of this article, the Sacramento County Office of Education shall develop and administer the +Former +Foster Youth Job Readiness Training Pilot Program. +(b) The purpose of the program is to prepare the +“aged out” +foster care population +that is 18 to 25, inclusive, years of age +for entry-level employment in state service. +54661. +(a) The Sacramento County Office of Education shall develop an application and create criteria for selecting eligible organizations to provide job readiness training to eligible participants. +(b) The Sacramento County Office of Education shall award grants to selected eligible organizations that shall be used for the following purposes: +(1) To pay for trainers to provide job readiness training to eligible participants. +(2) To provide a stipend to an eligible participant who satisfies both of the following: +(A) Remains actively engaged in and attends the training as set forth in his or her individual service plan. +(B) If he or she has not received a high school diploma or high school equivalency certificate, the participant shall enroll, be actively engaged in, and attend a high school equivalency exam preparation class. +(c) The Sacramento County Office of Education shall compile disaggregated data on the number of participants enrolling in the program, the number of participants completing the program, the number of participants receiving a placement after completing the program, and the number of participants receiving state employment after completing a placement. The office, upon request, shall make this data available to the Department of Human Resources and the Legislature. +(d) For purposes of this article, the following definitions apply: +(1) “Eligible organization” means an organization that satisfies all of the following: +(A) The organization is exempt from federal income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code and is in compliance with all applicable laws and requirements. +(B) The organization demonstrates expertise in providing job readiness training. +(C) Any additional criteria required by the Sacramento County Office of Education to promote the job readiness training of eligible participants. +(2) “Eligible participant” means an individual who is +25 years of age or younger and who is certified by the State Department of Social Services as +18 to 25, inclusive, years of age and who is certified by a county as being, or +having been, for at least one year at any time on or after the date that the individual turns 15 years of age, either a recipient of foster care maintenance payments under a state plan approved under Part E of Title IV of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), or in a foster care program under the responsibility of the State of California. +(3) “Job readiness training” means an individual service plan that develops core competencies that create an experience and educational base for an individual to meet the qualifications for entry-level employment in state service. +54662. +This article shall remain in effect only until January 1, 2020, and as of that date is repealed. +SEC. 3. +Section 19816.22 is added to the Government Code, to read: +19816.22. +(a) The department, in consultation with the State Department of Social Services and the Sacramento County Office of Education, shall promote the training of foster youth who participate in the +Former +Foster Youth Job Readiness Training Pilot Program (Article 3 (commencing with Section 54660), Chapter 9, Part 29, Division 4, Title 2, Education Code) in specified entry-level unclassified positions for their eventual hiring in classified positions with any state agency or department that is located within the County of Sacramento, as determined by the department. +(b) A participant in the pilot program shall not apply for a classification unless he or she meets the minimum qualifications for that classification. +(c) After a participant in the pilot program has been trained in an unclassified position for three months, but before being trained for nine months, he or she shall take a written examination for the classification in which he or she is trained, if a written examination is generally required for other applicants in that classification. The participant shall be eligible to take the written examination only after receiving a positive recommendation from the appropriate supervisor. +(d) A participant in the pilot program who does not pass the written examination for the classification in which he or she is trained, or who does not receive a favorable promotional rating, shall be released from the training program. +(e) This section shall be repealed on January 1, 2020. +SEC. 4. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to enact Section 2 of this act +that adds Article 3 (commencing with Section 54660) to Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code +on a trial basis only, applied to one appropriately large and diverse county, before extending the act to every county in the state. +SEC. 5. +To the extent permitted by federal law, the sum of one million one hundred thousand dollars ($1,100,000) is hereby appropriated from the Consolidated Work Program Fund to the Sacramento County Office of Education for the purpose of implementing the +Former +Foster Youth Job Readiness Training Pilot Program pursuant to Article 3 (commencing with Section 54660) to Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code. +SEC. 6. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law, the State Civil Service Act, provides for filling certain state positions through the process of examinations and the establishment of eligible lists and promotional lists. Existing law requires the Department of Human Resources to administer the Personnel Classification Plan of the State of California, including the allocation of every position to the appropriate class in the classification plan. +Existing law requires the Department of Human Resources to administer the Limited Examination and Appointment Program (LEAP) to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in state civil service. Existing law requires the department to conduct competitive examinations to determine eligibility for appointment under LEAP and to refer the names of eligible applicants who meet the minimum qualifications of a job classification to the appointing powers for examination appointments, as specified. +Existing law authorizes the Employment Development Department to contract with a specified nonprofit organization meeting specified criteria to manage grant programs designed to help eligible at-risk youth complete their secondary education and acquire the skills necessary to successfully transition into the workforce or enroll in postsecondary education. +This bill would make legislative findings and declarations regarding the state’s responsibility for the well-being of foster youth and former foster youth. The bill, until January 1, 2020, would require the Department of Human Resources to establish an emancipated foster youth program to promote the training of qualified foster youth in specified entry-level unclassified positions for their eventual hiring in classified positions within Sacramento with any state agency or department as determined by the department. The bill would require a participant in the program to pass a written examination for the classification in which he or she is trained, if generally required for applicants in that classification, after 3 months, but before 9 months, of training. +(2) Existing law establishes a system of public elementary and secondary schools in this state, and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law establishes the Consolidated Work Program Fund in the State Treasury for the receipt of all moneys deposited pursuant to the federal Workforce Innovation and Opportunity Act. Existing law provides that moneys in the fund are to be made available, upon appropriation by the Legislature, to the Employment Development Department, for expenditure consistent with the purposes of the federal Workforce Innovation and Opportunity Act and the state plan required by the federal Workforce Innovation and Opportunity Act. +This bill would require the Sacramento County Office of Education to develop and administer the +Former +Foster Youth Job Readiness Training Pilot Program with moneys appropriated by the Legislature for that purpose. The bill would appropriate $1,100,000 from the Consolidated Work Program Fund to the Sacramento County Office of Education to develop an application and create criteria for selecting eligible organizations to provide job readiness training to eligible participants. The bill would require the Sacramento County Office of Education to award grants to selected eligible organizations to pay for trainers to provide job readiness training to eligible participants and to provide a stipend to eligible participants who satisfy specified conditions. The bill would require the Sacramento County Office of Education to compile information regarding participation in the program. The bill would repeal these provisions on January 1, 2020. +This bill would make legislative findings and declarations as to the necessity of a special statute for the Sacramento County Office of Education. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add and repeal Article 3 (commencing with Section 54660) of Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code, and to add and repeal Section 19816.22 of the Government Code, relating to state employment, and making an appropriation therefor." +1071,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 14230 of the Unemployment Insurance Code is amended to read: +14230. +(a) It is the intent of the Legislature that: +(1) California deliver comprehensive workforce services to jobseekers, students, and employers through a system of one-stop career centers. +(2) Services and resources target high-wage industry sectors with career advancement opportunities. +(3) Universal access to career services shall be available to adult residents regardless of income, education, employment barriers, or other eligibility requirements. Career services shall include, but not be limited to: +(A) Outreach, intake, and orientation to services available through the one-stop delivery system. +(B) Initial assessment of skill levels, aptitudes, abilities, and supportive service needs. +(C) Job search and placement assistance. +(D) Career counseling, where appropriate. +(E) Provision of labor market information. +(F) Provision of program performance and cost information on eligible providers of training services and local area performance measures. +(G) Provision of information on supportive services in the local area. +(H) Provision of information on the filing of claims for unemployment compensation benefits and unemployment compensation disability benefits. +(I) Assistance in establishing eligibility for welfare-to-work activities pursuant to Section 11325.8 of the Welfare and Institutions Code, and financial aid assistance. +(J) Comprehensive and specialized assessments of skill levels and service needs, including learning disability screening. +(K) Development of individual employment plans. +(L) Counseling. +(M) Career planning. +(N) Short-term prevocational services to prepare an individual for training or employment. +(4) State and federally funded workforce education, training, and employment programs shall be integrated in the one-stop delivery system to achieve universal access to the career services described in paragraph (3). +(5) Training services shall be made available to individuals who have met the requirements for career services, have been unable to obtain or retain employment through career services, are in need of training services to obtain or retain employment that leads to economic self-sufficiency or wages comparable to, or higher than, wages from previous employment, have the skills and qualifications to successfully participate in the training, and have selected a program of services directly linked to occupations in demand in the local or regional area. Training services may include: +(A) Occupational skill training including training for nontraditional employment. +(B) On-the-job training. +(C) Programs that combine workplace training with related instruction. +(D) Training programs operated by the private sector. +(E) Skill upgrading and retraining. +(F) Entrepreneurial training. +(G) Incumbent worker training, in accordance with Section 134(d)(4) of the federal Workforce Innovation and Opportunity Act. +(H) Transitional jobs, in accordance with Section 134(d)(5) of the federal Workforce Innovation and Opportunity Act. +(I) Job readiness training, provided in combination with any service under subparagraphs (A) to (H), inclusive. +(J) Adult education and literacy activities, including vocational English as a second language, provided in combination with subparagraphs (A) through (G), inclusive. +(K) Customized training conducted by an employer or a group of employers or a labor-management training partnership with a commitment to employ an individual upon completion of the training. +(6) As prescribed in the federal Workforce Innovation and Opportunity Act, adult recipients of public assistance, other low-income adults, and individuals who are basic skills deficient shall be given priority for training services and career services described in Section 134(d)(2)(A)(xii) of the federal Workforce Innovation and Opportunity Act. +(b) Each local workforce development board shall establish at least one full service one-stop career center in the local workforce development area. Each full service one-stop career center shall have all entities required to be partners in Section 3151 of Title 29 of the United States Code as partners and shall provide jobseekers with integrated employment, education, training, and job sea and directed to apprenticeable occupations, including preapprenticeship training, are conducted, to the maximum extent feasible, in coordination with one or more apprenticeship programs approved by the Division of Apprenticeship Standards for the occupation and geographic area. The California Workforce Development Board and each local board shall also develop a policy of fostering collaboration between community colleges and approved apprenticeship programs in the geographic area to provide preapprenticeship training, apprenticeship training, and continuing education in apprenticeable occupations through the approved apprenticeship programs. +(2) (A) The California Workforce Development Board and each local board also shall ensure, to the maximum extent feasible, that federal Workforce Innovation and Opportunity Act of 2014 funds respectively awarded by them for purposes of preapprenticeship training in the building and construction trades fund programs and services that do both of the following: +(i) Follow the Multi-Craft Core Curriculum implemented by the State Department of Education for its pilot project with California Partnership Academies. +(ii) Develop a plan for outreach and retention for women participants in the preapprenticeship program to help increase the representation of women in the building and construction trades. +(B) The California Workforce Development Board shall develop policies for the implementation of these provisions. +(f) In light of California’s diverse population, each one-stop career center should have the capacity to provide the appropriate services to the full range of languages and cultures represented in the community served by the one-stop career center. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.","Existing law provides that the California Workforce Development Board is responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system. Existing law requires that the California Workforce Development Board and each local workforce development board ensure that programs and services funded by the federal Workforce Innovation and Opportunity Act of 2014 and directed to apprenticeable occupations are conducted in coordination with apprenticeship programs approved by the Division of Apprenticeship Standards, as specified. Existing law also requires the California Workforce Development Board and each local workforce development board to develop a policy of fostering collaboration between community colleges and approved apprenticeship programs in the geographic area. +This bill would require the California Workforce Development Board and each local board to ensure that federal Workforce Innovation and Opportunity Act of 2014 funds respectively awarded by them for preapprenticeship training in the building and construction trades fund programs and services that follow the Multi-Craft Core Curriculum implemented by the State Department of Education and that develop a plan to help increase the representation of women in those trades, as specified. The bill would require the California Workforce Development Board to develop policies to implement these provisions. By imposing new requirements on the local workforce development boards, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 14230 of the Unemployment Insurance Code, relating to workforce development." +1072,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature hereby finds and declares all of the following: +(1) California is a world leader in innovation and harnessing the power of new technologies to promote efficiency, consumer benefits, and economic growth. +(2) The Internet and digital technologies enable government to provide services to the public and to transact business more efficiently than with paper-based processes. +(3) In 1995, in order to promote e-commerce and digital transactions with public agencies, California enacted Section 16.5 of the Government Code, which authorizes use of a “digital signature” in any written communication with a public agency in which a signature is required or used, consistent with regulations to be adopted by the Secretary of State. +(4) In 1999, California enacted the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.2) of Part 2 of Division 3 of the Civil Code), which provides that an “electronic signature” is valid and enforceable under any law that requires a signature in any transaction between two or more persons, including a government agency. +(5) The definition of “digital signature” in Section 16.5 of the Government Code and the definition of “electronic signature” in the Uniform Electronic Transactions Act are similar, and neither statute includes any cross-reference to the other, leading to confusion in the marketplace and among public agencies as to what law governs. +(6) A lack of clarity in the law creates a barrier to public agencies utilizing fully digital transactions that require a signature, including contracts, permits, and forms to obtain service or participate in government programs. As a result, both government and the public may not realize the benefits of digital transactions and online services, including efficiency, cost savings, convenience, and paper reduction. +(b) It is the intent of the Legislature to amend current law to clarify that a “digital signature” authorized by Section 16.5 of the Government Code and subject to regulations adopted by the Secretary of State is one type of “electronic signature” that a public agency may choose to adopt under the Uniform Electronic Transactions Act. +SEC. 2. +Section 1633.2 of the Civil Code is amended to read: +1633.2. +In this title the following terms have the following definitions: +(a) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. +(b) “Automated transaction” means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. +(c) “Computer program” means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. +(d) “Contract” means the total legal obligation resulting from the parties’ agreement as affected by this title and other applicable law. +(e) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. +(f) “Electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review by an individual. +(g) “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means. +(h) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. For purposes of this title, a “digital signature” as defined in subdivision (d) of Section 16.5 of the Government Code is a type of electronic signature. +(i) “Governmental agency” means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. +(j) “Information” means data, text, images, sounds, codes, computer programs, software, databases, or the like. +(k) “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. +(l) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. +(m) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. +(n) “Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures. +(o) “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. +SEC. 3. +Section 16.5 of the Government Code is amended to read: +16.5. +(a) In any written communication with a public entity, as defined in Section 811.2, in which a signature is required or used, any party to the communication may affix a signature by use of a digital signature that complies with the requirements of this section. If a public entity elects to use a digital signature, that digital signature shall have the same force and effect as the use of a manual signature if and only if it embodies all of the following attributes: +(1) It is unique to the person using it. +(2) It is capable of verification. +(3) It is under the sole control of the person using it. +(4) It is linked to data in such a manner that if the data are changed, the digital signature is invalidated. +(5) It conforms to regulations adopted by the Secretary of State. Initial regulations shall be adopted no later than January 1, 1997. In developing these regulations, the secretary shall seek the advice of public and private entities, including, but not limited to, the Department of Information Technology, the California Environmental Protection Agency, and the Department of General Services. Before the secretary adopts the regulations, he or she shall hold at least one public hearing to receive comments. +(b) The use or acceptance of a digital signature shall be at the option of the parties. Nothing in this section shall require a public entity to use or permit the use of a digital signature. +(c) Digital signatures employed pursuant to Section 71066 of the Public Resources Code are exempted from this section. +(d) “Digital signature” means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code. +(e) Nothing in this section shall limit the right of a public entity or government agency to use and accept an “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code. +(f) Regulations adopted by the Secretary of State to implement this section apply only to a public entity’s use of a “digital signature” and not to use of any other type of “electronic signature” authorized in the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code).","Existing law, the Uniform Electronic Transactions Act, provides that a record or signature may not be denied legal effect or enforceability solely because it is in electronic form and defines an electronic signature for purposes of the act. Existing provisions of the Government Code authorize the use of a digital signature in any written communication with a public entity, and specifies that in those communications, the use of a digital signature has the same force and effect as the use of a manual signature if it complies with specified requirements. +This bill would express the intent of the Legislature to clarify that a digital signature may be used to satisfy the requirements of an electronic signature under the Uniform Electronic Transactions Act. The bill would, for purposes of the Uniform Electronic Transactions Act, provide that an electronic signature includes a digital signature under the above described provisions of the Government Code and that a digital signature under those provisions is a type of an electronic signature as set forth in the Uniform Electronic Transaction Act. The bill would also revise the above-described provisions of the Government Code by specifying that if a public entity elects to use a digital signature, that meets specified requirements, the digital signature has the same force and effect of a manual signature in any communication with the public entity.","An act to amend Section 1633.2 of the Civil Code, and to amend Section 16.5 of the Government Code, relating to state government." +1073,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 70615 of the Government Code is amended to read: +70615. +The fee for filing any of the following appeals to the superior court is twenty-five dollars ($25): +(a) An appeal of a local agency’s decision regarding an administrative fine or penalty under Section 53069.4. +(b) An appeal under Section 40230 of the Vehicle Code of an administrative agency’s decision regarding a parking violation. +(c) An appeal under Section 99582 of the Public Utilities Code of a hearing officer’s determination regarding an administrative penalty for fare evasion or a passenger conduct violation. +(d) An appeal under Section 186.35 of the Penal Code of a law enforcement agency’s determination regarding the placement of an individual’s information in a shared gang database. +SEC. 2. +Section 186.34 of the Penal Code is amended to read: +186.34. +(a) (1) For purposes of this section, “shared gang database” shall mean any database that satisfies all of the following: +(A) Allows access for any local law enforcement agency. +(B) Contains personal, identifying information in which a person may be designated as a suspected gang member, associate, or affiliate, or for which entry of a person in the database reflects a designation of that person as a suspected gang member, associate, or affiliate. +(C) Is subject to Part 23 of Title 28 of the Code of Federal Regulations. If federal funding is no longer available to a database through the federal Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. Sec. 3711 et seq.), a database shall not have to satisfy this subparagraph to meet the definition of a “shared gang database.” +(2) A “shared gang database” does not include dispatch operator reports, information used for the administration of jail or custodial facilities, criminal investigative reports, probation reports, or information required to be collected pursuant to Section 186.30. +(3) Notwithstanding subparagraph (C) of paragraph (1), a “shared gang database” includes the CalGang system, operated pursuant to Part 23 of Title 28 of the Code of Federal Regulations. +(b) Notwithstanding subparagraph (C) of paragraph (1) of subdivision (a), a shared gang database, as defined in this section, shall retain records related to the gang activity of the individuals in the database consistent with the provisions contained in Section 23.20(h) of Title 28 of the Code of Federal Regulations. +(c) (1) Commencing January 15, 2018, and annually on January 15 thereafter, any law enforcement agency that elects to utilize a shared gang database, as defined in subdivision (a), shall submit a report to the Department of Justice, in a format developed by the department, that contains, by ZIP Code, referring agency, race, gender, and age, the following information: +(A) The number of persons included in the database on the day of reporting. +(B) The number of persons added to the database during the immediately preceding 12 months. +(C) The number of requests for removal of a person from the database received during the immediately preceding 12 months. +(D) The number of requests for removal of a person from the database that were granted during the immediately preceding 12 months. +(E) The number of persons automatically removed from the database during the immediately preceding 12 months. +(2) Commencing February 15, 2018, and annually on February 15 thereafter, the Department of Justice shall post each law enforcement agency’s report that contains the information collected pursuant to paragraph (1) on the department’s Internet Web site. +(d) (1) To the extent a local law enforcement agency elects to utilize a shared gang database, as defined in subdivision (a), prior to a local law enforcement agency designating a person as a suspected gang member, associate, or affiliate in a shared gang database, or submitting a document to the Attorney General’s office for the purpose of designating a person in a shared gang database, or otherwise identifying the person in a shared gang database, the local law enforcement agency shall provide written notice to the person, and shall, if the person is under 18 years of age, provide written notice to the person and his or her parent or guardian, of the designation and the basis for the designation, unless providing that notification would compromise an active criminal investigation or compromise the health or safety of the minor. +(2) The notice described in paragraph (1) shall describe the process for the person, or, if the person is under 18 years of age, for his or her parent or guardian, or an attorney working on behalf of the person, to contest the designation of the person in the database. The notice shall also inform the person of the reason for his or her designation in the database. +(e) (1) (A) A person, or, if the person is under 18 years of age, his or her parent or guardian, or an attorney working on behalf of the person may request information of any law enforcement agency as to whether the person is designated as a suspected gang member, associate, or affiliate in a shared gang database accessible by that law enforcement agency and what law enforcement agency made the designation. A request pursuant to this paragraph shall be in writing. +(B) If a person about whom information is requested pursuant to subparagraph (A) is designated as a suspected gang member, associate, or affiliate in a shared gang database by that law enforcement agency, the person making the request may also request information as to the basis for the designation for the purpose of contesting the designation as described in subdivision (f). +(2) The law enforcement agency shall provide information requested under paragraph (1), unless doing so would compromise an active criminal investigation or compromise the health or safety of the person if the person is under 18 years of age. +(3) The law enforcement agency shall respond to a valid request pursuant to paragraph (1) in writing to the person making the request within 30 calendar days of receipt of the request. +(f) Subsequent to the notice described in subdivision (d), the person to be designated as a suspected gang member, associate, or affiliate, or his or her parent or guardian, may submit written documentation to the local law enforcement agency contesting the designation. The local law enforcement agency shall review the documentation, and if the agency determines that the person is not a suspected gang member, associate, or affiliate, the agency shall remove the person from the shared gang database. The local law enforcement agency shall provide the person and his or her parent or guardian with written verification of the agency’s decision within 30 days of submission of the written documentation contesting the designation. If the law enforcement agency denies the request for removal, the notice of its determination shall state the reason for the denial. The person may appeal the denial pursuant to Section 186.35. +(g) Nothing in this section shall require a local law enforcement agency to disclose any information protected under Section 1040 or 1041 of the Evidence Code or Section 6254 of the Government Code. +SEC. 3. +Section 186.35 is added to the Penal Code, to read: +186.35. +(a) A person who is listed by a law enforcement agency in a shared gang database as a gang member, suspected gang member, associate, or affiliate and who has contested his or her designation pursuant to subdivision (f) of Section 186.34, may seek review within 90 calendar days of the agency’s mailing or personal service of the verification of the decision by filing an appeal to be heard by the superior court. A proceeding under this subdivision is a limited civil case. A copy of the notice of appeal shall be served in person or by first-class mail upon the agency by the person. For purposes of computing the 90-calendar-day period, Section 1013 of the Code of Civil Procedure shall be applicable. +(b) The evidentiary record for the appeal shall be limited to the agency’s statement of basis of its designation made pursuant to subdivision (e) of Section 186.34, and the documentation provided to the agency by the appellant pursuant to subdivision (f) of Section 186.34. If, upon de novo review and any arguments presented to the court, the court finds that the law enforcement agency has failed to establish the petitioner’s active gang membership, associate status, or affiliate status by clear and convincing evidence, the court shall order the law enforcement agency to remove the name of the person from the shared gang database. +(c) The fee for filing the notice of appeal is as provided in Section 70615 of the Government Code. The court shall notify the person of the appearance date by mail or personal delivery. The court shall retain the fee under Section 70615 of the Government Code regardless of the outcome of the appeal. If the court finds in favor of the person, the amount of the fee shall be reimbursed to the person by the agency. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the California Street Terrorism Enforcement and Prevention Act (act), provides specified punishments for certain crimes committed for the benefit of, at the direction of, or in association with, a criminal street gang, as specified. The act defines a “shared gang database” as having various attributes, including, among others, that the database contains personal, identifying information in which a person may be designated as a suspected gang member, associate, or affiliate, or for which entry of a person in the database reflects a designation of that person as a suspected gang member, associate, or affiliate. Existing law requires a law enforcement agency, before designating a person as a suspected gang member, associate, or affiliate in the database, to provide a written notice to the person’s parent or guardian, if the person is a minor. +This bill would require the notice described above to be provided to an adult before designating a person as a suspected gang member, associate, or affiliate in the database. The bill would require these databases to comply with federal requirements regarding the privacy and accuracy of information in the database, and other operating principles for maintaining these databases. The bill would require local law enforcement, commencing January 15, 2018, and every January 15 thereafter to submit specified data pertaining to the database to the Department of Justice, and would require the Department of Justice, commencing February 15, 2018, and every February 15 thereafter, to post that information on the department’s Internet Web site. +By imposing additional duties on local law enforcement entities, this bill would impose a state-mandated local program. +The bill would establish a procedure for a person designated in a shared gang database who has contested that designation with the local law enforcement agency and whose challenge has been denied to appeal to the superior court. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 70615 of the Government Code, and to amend Section 186.34 of, and to add Section 186.35 to, the Penal Code, relating to criminal gangs." +1074,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) A more efficient water transfer process and a more accessible water market can play important roles in reducing uncertainty and water shortage impacts on the state’s economy now and in the future. +(b) +The California Water Action Plan calls for making improvements to the water transfer process as part of a comprehensive, long-term water management policy. +(c) +While numerous water agencies and water users currently participate in the water market, water transfer processes are complex and water market information may not be readily available to the public and all potential sellers and buyers. +(d) +Providing greater transparency in and access to water marketing will provide a needed tool to increase water supplies by leveraging significant local and regional investments made over the past two decades to increase water supply reliability. +(e) +An enhanced water market, used in conjunction with investments in conveyance, water use efficiency, including water conservation and water recycling, surface and groundwater storage, desalination, and other strategies, will add to the water supplies that are available to help the state weather multiple years of drought and protect economic and environmental uses of water. +(f) +Voluntary water transfers are a proven and effective way to help meet California’s water needs, as evidenced by the landmark 1991 Governor’s Emergency Drought Water Bank and numerous subsequent water banks, exchanges, and short- and long-term water transfers. +(g) +Water markets can improve water use efficiency and pricing, which in turn can contribute to increased water supply for consumptive uses, enhanced stream flows, and more water for wetlands and other environmental resources. This benefit would be of particular importance during prolonged drought. +(h) +Improving the water transfer process and enhancing access to water markets can accomplish all of the following: +(1) Protect existing local and regional investments. +(2) +Improve coordination among water agencies. +(3) +Incentivize significant investments in water use efficiency projects and programs. +(4) +Increase water supply and water supply reliability for urban and agricultural water users. +(5) +Increase the quantities or improve the timing of water available for transfers by providing information to sellers and buyers who might not otherwise have sufficient information to participate in water markets. +(6) +Benefit the environment by enhancing the state’s water supplies and increasing the amount or improving the timing of water available for environmental uses. +(7) +Benefit communities by bolstering water supplies and reducing reliance on groundwater resources. +SEC. 2. +Chapter 7.5 (commencing with Section 485) is added to Division 1 of the Water Code, to read: +CHAPTER 7.5. California Water Market Clearinghouse +485. +This chapter shall be known, and may be cited, as the California Water Market Clearinghouse Act of 2016. +486. +It is the intent of the Legislature to create the California Water Market Clearinghouse to do all of the following: +(a) Advance water sustainability, resiliency, and adaptability to drought and climate change by promoting efficient water markets. +(b) Provide important benefits and opportunities for disadvantaged communities and environmental resources. +(c) Increase agency coordination, transparency, and decisionmaking capacity. +(d) Facilitate water transfers and water user access to exchanges by the establishment of a centralized market information platform and better coordinated review and approval processes, thereby streamlining the process. This can be achieved without a significant increase in the overall transaction costs or regulatory burdens associated with water transfer processes. +(e) Enable and encourage public and private investments in water use efficiency and other water-saving measures through participation in water transfers and exchanges. +(f) Promote and enable water transfers and exchanges as effective mechanisms for management of sustainable surface and groundwater resources in the state. +(g) Protect environmental resources, including groundwater, consistent with the requirements of the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6). +(h) Protect drinking water supplies in areas of origin from cumulative impacts of multiple or long-term water transfers and exchanges. +487. +(a) On and after July 1, 2018, the California Water Market Clearinghouse shall operate as an independent office within the Natural Resources Agency. The purpose of the California Water Market Clearinghouse is to make the water transfer and exchange process more transparent and more efficient and to enhance access to voluntary water market transactions, in particular those that provide environmental or social benefits. +(b) The director of the California Water Market Clearinghouse shall be appointed by the Secretary of the Natural Resources Agency. +488. +(a) On or before December 31, 2018, the California Water Market Clearinghouse shall create a centralized water market platform on its Internet Web site that provides ready access to information that has been provided about water available for transfer or exchange and information about the process for transferring or exchanging water. The platform shall be readily available to the public and contain all water transfer or exchange data and information collected by the California Water Market Clearinghouse. +(b) On or before December 31, 2018, the California Water Market Clearinghouse shall consider and act upon the recommendations submitted by the Water Market Clearinghouse Task Force and shall establish administrative procedures under which state agencies shall more expediently act upon proposed water transfers or exchanges. Those procedures shall require state agencies to prioritize projects that provide environmental and community benefits or have a demonstrated history of minimal potential impact to other legal water users or instream beneficial uses. The California Water Market Clearinghouse shall act consistent with rulemaking procedures of the state and shall work in collaboration with other state agencies to make necessary changes in the rules and regulations governing water transfers and exchanges. +(c) On and after January 1, 2020, all transfers or exchanges that require conveyance across the Sacramento-San Joaquin Delta or result in conveyance of water from one watershed to another shall be submitted to the California Water Market Clearinghouse and processed according to the procedures and standards established, pursuant to subdivision (b), by the California Water Market Clearinghouse in coordination with other state and federal agencies. +(d) On or before December 31, 2018, the Natural Resources Agency shall create within the California Water Market Clearinghouse an Office of the Water Transfer Advocate and appoint a Water Transfer Advocate. +(e) Nothing in this chapter provides authority to the California Water Market Clearinghouse to approve or disapprove water transfers or exchanges. +489. +(a) In order to provide the California Water Market Clearinghouse with appropriate recommendations to improve the water transfer process and increase access to the water market as part of a comprehensive, long-term water management policy, the Secretary of the Natural Resources Agency shall convene a task force, to be known as the Water Market Clearinghouse Task Force. +(b) The Water Market Clearinghouse Task Force shall make recommendations, based upon the best available science, to the California Water Market Clearinghouse regarding all of the following: +(1) How to aggregate and disclose in a publicly accessible manner the information required to be submitted in support of an application to transfer water pursuant to Section 1725 or any other law. The information should include, but not be limited to, all of the following: +(A) The names of the water buyer and seller. +(B) The quantity of water to be transferred or exchanged. +(C) The price to be paid for the water transfer or exchange. +(D) The time and duration of the water transfer or exchange. +(E) The nature of the underlying right to the water proposed to be transferred or exchanged. +(F) The origin and proposed point of use, place of use, and purpose of use of the transferred or exchanged water. +(G) A description of the conveyance and storage facilities necessary to complete the transfer or exchange. +(H) An identification of any third-party impacts including, but not limited to, water quality impacts. +(2) The information required for water users and the public to readily track the progress of a proposed transfer through agency review to ensure expedient approval whenever possible. +(3) The type of information that the California Water Market Clearinghouse should require to be submitted to it by state or local agencies that approve a water transfer or exchange after the transfer or exchange is completed. The information should include, but not be limited to, all of the following: +(A) The quantity of water transferred or exchanged. +(B) The new place of use for the transferred or exchanged water. +(C) The new point of rediversion for the transferred or exchanged water. +(D) The parties to the water transfer or exchange. +(E) The conveyance and storage facilities used to complete the water transfer or exchange. +(F) The time and duration of the water transfer or exchange. +(4) Procedures and standards designed to provide for all of the following: +(A) Better coordinated review of and action upon applications or proposals to transfer or exchange water, or both. +(B) Priority for projects that provide environmental and community benefits or have demonstrated a history of minimal potential impact to other legal water users or instream beneficial uses. +(C) Reduced transaction costs of water transfers and exchanges. +(D) Comprehensive evaluation of transfers that should be eligible for expedited review, with consideration of drinking water supply, environmental quality, and groundwater sustainability benefits and impacts. +(E) Assurance that transfers and exchanges protect environmental and community resources in areas of origin and in recipient areas. +(F) Demonstration that a transfer will not adversely affect groundwater conditions in any areas involved in the transfer. +(c) In addition to the recommendations required pursuant to subdivision (b), the Water Market Clearinghouse Task Force may consider and make recommendations, based upon the best available science, to the California Water Market Clearinghouse regarding any or all of the following: +(1) Consolidating places of use. +(2) Incentivizing and facilitating water use efficiency-related water transfers, as well as transfers between environmental uses. +(3) Developing and facilitating pilot transfers based on crop fallowing and other practices to quantify and validate consumptive water use rates and incorporating findings into water transfer guidelines. +(4) Providing transparency regarding Delta carriage water loss analysis. +(5) Establishing or documenting conveyance access protocols. +(6) Creating market mechanisms for access to capital. +(d) (1) The Water Market Clearinghouse Task Force shall be composed of the following members: +(A) One representative from each of the following state agencies: +(i) The Natural Resources Agency. This representative shall serve as the chair of the Water Market Clearinghouse Task Force. +(ii) The department. +(iii) The Department of Fish and Wildlife. +(iv) The Department of Food and Agriculture. +(v) The Office of Planning and Research. +(vi) The board. +(B) Representatives from academia, agricultural water suppliers, municipal water suppliers, disadvantaged communities, environmental and conservation organizations, and groundwater management entities. +(C) Representatives from entities that have participated in water transfers as sellers and buyers of water. +(2) The federal water and resources agencies shall be invited to have representatives participate in the Water Market Clearinghouse Task Force. +(e) The Water Market Clearinghouse Task Force shall conduct three public meetings to consider public comments on draft recommendations to the California Water Market Clearinghouse. The Water Market Clearinghouse Task Force shall publish draft recommendations at least 30 days before the public meetings. One public meeting shall be conducted at a location in northern California, one public meeting shall be conducted at a location in the central valley of California, and one public meeting shall be conducted at a location in southern California. The Water Market Clearinghouse Task Force shall invite California Native American tribes, environmental justice organizations, cities, counties, and local production agricultural organizations to participate in the public meetings. +(f) On or before January 1, 2018, the Water Market Clearinghouse Task Force shall submit its recommendations to the California Water Market Clearinghouse. +490. +(a) Anyone submitting information pursuant to subdivision (c) of Section 488 shall pay an administrative fee, established by the California Water Market Clearinghouse, to recover the reasonable costs of the California Water Market Clearinghouse in administering this chapter. +(b) Fees imposed pursuant to subdivision (a) shall be deposited in the California Water Market Clearinghouse Fund, which is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, to the California Water Market Clearinghouse for the purposes of this chapter. +491. +This chapter applies in addition to any other law relating to water transfers and exchanges. +SECTION 1. +It is the intent of the Legislature in creating the California Water Market Exchange that the market exchange do all of the following: +(a)Create water sustainability, resiliency, and adaptability to drought and climate change. +(b)Provide important benefits and opportunities for disadvantaged communities and environmental resources. +(c)Increase transparency and decisionmaking capacity by better integrating data collection and reporting. +(d)Facilitate water transfers and exchanges by the establishment of a centralized exchange platform and streamline review and approval processes. +(e)Enable and encourage public and private investments in water use efficiency measures through participation in water transfers and exchanges. +(f)Provide water transfers and exchanges as an effective mechanism for sustainable management of surface and groundwater resources in the state. +SEC. 2. +Chapter 7.5 (commencing with Section 485) is added to Division 1 of the +Water Code +, to read: +7.5. +California Water Market Exchange +485. +This chapter shall be known, and may be cited, as the California Water Market Exchange Act of 2016. +486. +The following definitions govern the construction of this chapter: +(a)“Disadvantaged community” has the same meaning as defined in Section 79505.5. +(b)“Market exchange” means the California Water Market Exchange established in Section 487. +(c)“Small community water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. +487. +(a)The California Water Market Exchange is hereby established in the Natural Resources Agency. +(b)The market exchange shall be governed by a five-member board, composed as follows: +(1)The Secretary of the Natural Resources Agency. +(2)Four individuals appointed by the Governor. +(c)Each board member appointed by the Governor shall hold office for a term of four years. The Governor shall stagger the terms of the initial members appointed. A vacancy shall be filled by the Governor by appointing a member to serve the remainder of the term. +488. +(a)On or before December 31, 2017, the market exchange shall create a centralized water market platform on its Internet Web site that provides ready access to information about water available for transfer or exchange. The platform shall be readily available to the public and contain all data and information collected by the market exchange in order to ensure transparency of information regarding the quantities of water available for transfer or exchange and the prices paid for transferred or exchanged water. +(b)Before a transfer or exchange of water, the market exchange shall require the submission of data and information that includes, but is not limited to, all of the following: +(1)The names of the water buyer and seller. +(2)The quantity of water to be transferred or exchanged. +(3)The price to be paid for the water transfer or exchange. +(4)The time and duration of the water transfer or exchange. +(5)The nature of the underlying right to the water proposed to be transferred or exchanged. +(6)The origin location and proposed place of use of the transferred or exchanged water. +(7)A description of the conveyance and storage facilities necessary to complete the transfer or exchange. +(8)An identification of any third-party impacts that may result from the transfer or exchange. +(c)After a transfer or exchange of water, the market exchange shall require the submission of data and information that includes, but is not limited to, all of the following: +(1)The quantity of water transferred or exchanged. +(2)The conveyance and storage facilities used to complete the water transfer or exchange. +(3)The time and duration of the water transfer or exchange. +489. +The Legislature intends that water transfers and exchanges protect and enhance environmental and community benefits that include the following: +(a)Instream flows and ecosystem water supply. +(b)Improved water monitoring and data networks. +(c)Ecosystem restoration projects benefitting aquatic and riparian species. +(d)Improved drinking water supply and quality projects. +(e)Development of needed technical, managerial, and financial capacity for disadvantaged communities. +(f)Acquisition through the market exchange of needed water supplies for small community water systems. +490. +On or before December 31, 2017, the market exchange shall do both of the following: +(a)Develop procedures, in consultation with federal, state, and local agencies with jurisdiction over water transfers or exchanges, to streamline and expedite review and action upon applications to transfer or exchange water and to prioritize projects that provide environmental and community benefits as described in Section 489. The procedures shall recommend types of transfers and exchanges that could be more routinely approved. +(b)Establish standards and procedures to ensure that transfers and exchanges protect environmental and community benefits consistent with Section 489 and to encourage projects that improve environmental conditions, provide safe drinking water, and provide other community benefits. +491. +(a)Anyone submitting information pursuant to subdivision (b) or (c) of Section 488 shall pay an administrative fee, established by the market exchange, to recover the reasonable costs of the market exchange in administering this chapter. +(b)Fees imposed pursuant to subdivision (a) shall be deposited in the California Water Market Exchange Fund that is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, to the market exchange for the purposes of this chapter. +492. +(a)This chapter applies in addition to any other law relating to water transfers and exchanges. +(b)This chapter applies to all transfers and exchanges of water occurring on or after January 1, 2018.","Existing law, the Costa-Isenberg Water Transfer Act of 1986, requires the Department of Water Resources to establish an ongoing program to facilitate the voluntary exchange or transfer of water and implement the various laws that pertain to water transfers. The act requires the department to create and maintain a list of entities seeking to enter into water supply transfers, leases, exchanges, or other similar arrangements and to maintain a list of the physical facilities that may be available to carry out water supply transfers. The act requires the department to prepare a water transfer guide with prescribed components. +This +bill +bill, on and after July 1, 2018, +would establish the California Water Market +Exchange, governed by a 5-member board, in +Clearinghouse as an independent office +within +the Natural Resources +Agency. +Agency for the purpose of making the water transfer and exchange process more transparent and more efficient +and to enhance access to voluntary water market transactions, as specified. +This bill would require the +market exchange, on or before December 31, 2017, +clearinghouse, on or before December 31, 2018, +to create a centralized water market platform on its Internet Web site that provides ready access to information +that has been provided +about water available for transfer or +exchange. +exchange and information about the process for transferring or exchanging water. The bill would require the Secretary of the Natural Resources Agency to convene a Water Market Clearinghouse Task Force, composed as prescribed, and would require the task force to make recommendations to the clearinghouse, as specified. The bill, on or before December 31, 2018, would require the clearinghouse to consider and act upon the recommendations submitted by the task force in order to establish administrative procedures under which state agencies would more expediently act upon proposed water transfers or exchanges and would prioritize projects that provide environmental and community benefits or have a demonstrated history of minimal potential impact to other legal water users or instream beneficial uses. The bill would require the clearinghouse to work in collaboration with other state agencies to make necessary changes in the rules and regulations governing water transfers and exchanges. +This +bill, for +bill would require +all transfers +and +or +exchanges of water occurring on or after January 1, +2018, would require the submission of certain data and information to the market exchange and +2020, that require conveyance across the Sacramento-San Joaquin Delta or result in conveyance of water from one watershed to another +to be submitted to the clearinghouse and processed, as specified, and would require +the payment of an administrative fee to the +market exchange, +clearinghouse for this processing, +as specified. +This bill would require the market exchange to develop specified procedures in consultation with federal, state, and local agencies. +The bill, on or before December 31, 2018, would require the agency to create an Office of the Water Transfer Advocate within the clearinghouse and to appoint an advocate.","An act to add Chapter 7.5 (commencing with Section 485) to Division 1 of the Water Code, relating to water." +1075,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 48645.3 of the Education Code is amended to read: +48645.3. +(a) Juvenile court schools shall be conducted in a manner as shall be prescribed by the county board of education to best accomplish the provisions of Section 48645. The minimum schoolday shall be 240 minutes. Minimum schooldays shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The minimum schoolday for pupils in attendance in approved vocational education programs, work programs prescribed by the probation department pursuant to Section 883 of the Welfare and Institutions Code, and work experience programs shall be 180 minutes, which shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The county board of education shall adopt and enforce a course of study and evaluate its program in accordance with Sections 51040, 51041, 51050, and 51054 and the provisions of Article 3 (commencing with Section 51220) of Chapter 2 of Part 28, except subdivision (c) of Section 51220. +(b) Juvenile court schools shall not be closed on any weekday of the calendar year, except those weekdays adopted by the county board of education as school holidays or set aside by the county board of education for inservice purposes. However, the county board of education may close juvenile court schools when it deems the closing is necessary to accommodate contingencies. +(c) (1) The county board of education may adopt and enforce a course of study that enhances instruction in mathematics and English language arts for pupils attending juvenile court schools, as determined by statewide assessments or objective local evaluations and assessments as approved by the county superintendent of schools. +(2) The enhanced course of study adopted pursuant to paragraph (1) shall meet the standards adopted pursuant to Section 60605.8, as appropriate, and shall be tailored to meet the needs of the individual pupil to increase the pupil’s academic literacy and reading fluency. +(d) It is the intent of the Legislature that pupils in juvenile court schools have a rigorous curriculum that includes a course of study preparing them for high school graduation and career entry and fulfilling the requirements for admission to the University of California and the California State University. +SEC. 2. +Section 48645.5 of the Education Code is amended to read: +48645.5. +(a) Each public school district and county office of education shall accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency. The coursework shall be transferred by means of the standard state transcript. If a pupil completes the graduation requirements of his or her school district of residence while being detained, the school district of residence shall issue to the pupil a diploma from the school the pupil last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma. +(b) A pupil shall not be denied enrollment or readmission to a public school solely on the basis that he or she has had contact with the juvenile justice system, including, but not limited to: +(1) Arrest. +(2) Adjudication by a juvenile court. +(3) Formal or informal supervision by a probation officer. +(4) Detention for any length of time in a juvenile facility or enrollment in a juvenile court school. +(c) Pursuant to subparagraph (B) of paragraph (8) of subdivision (f) of Section 48853.5, a pupil who has had contact with the juvenile justice system shall be immediately enrolled in a public school. +(d) If a pupil completes the statewide coursework requirements for graduation specified in Section 51225.3 while attending a juvenile court school, the county office of education shall issue to the pupil a diploma of graduation and shall not require the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements. +SEC. 3. +Section 51225.1 of the Education Code is amended to read: +51225.1. +(a) Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, or a former juvenile court school pupil, as defined in Section 51225.2, who transfers between schools any time after the completion of the pupil’s second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school. +(b) If the school district determines that the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil is reasonably able to complete the school district’s graduation requirements within the pupil’s fifth year of high school, the school district shall do all of the following: +(1) Inform the pupil of his or her option to remain in school for a fifth year to complete the school district’s graduation requirements. +(2) Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school district’s graduation requirements will affect the pupil’s ability to gain admission to a postsecondary educational institution. +(3) Provide information to the pupil about transfer opportunities available through the California Community Colleges. +(4) Permit the pupil to stay in school for a fifth year to complete the school district’s graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil. +(c) To determine whether a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupil’s school enrollment may be used, whichever will qualify the pupil for the exemption. +(d) (1) (A) Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption. +(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section. +(2) (A) Within 30 calendar days of the date that a pupil who is a homeless child or youth may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption. +(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section. +(3) (A) Within 30 calendar days of the date that a former juvenile court school pupil may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption. +(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section. +(e) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school. +(f) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupil’s ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges. +(g) A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements. +(h) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption. +(i) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption. +(j) (1) If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district. +(2) If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district. +(3) If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district. +(k) A school district shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to transfer schools in order to qualify the pupil for an exemption pursuant to this section. +(l) (1) A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. +(2) A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. +(3) A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. +(m) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. +(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. +(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. +(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. +SEC. 4. +Section 51225.2 of the Education Code is amended to read: +51225.2. +(a) For purposes of this section, the following definitions apply: +(1) “Pupil in foster care” means a child who has been removed from his or her home pursuant to Section 309 of the Welfare and Institutions Code, is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, or has been removed from his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code. +(2) “Pupil who is a homeless child or youth” means a pupil who meets the definition of “homeless child or youth” in Section 11434a(2) of Title 42 of the United States Code. +(3) “Former juvenile court school pupil” means a pupil who, upon completion of the pupil’s second year of high school, transfers to a school district, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school. +(b) Notwithstanding any other law, a school district and county office of education shall accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and shall issue that pupil full or partial credit for the coursework completed. +(c) The credits accepted pursuant to subdivision (b) shall be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, or nonpublic, nonsectarian school or agency. +(d) A school district or county office of education shall not require a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, or a nonpublic, nonsectarian school or agency. If the pupil did not complete the entire course, the school district or county office of education shall not require the pupil to retake the portion of the course the pupil completed unless the school district or county office of education, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course. +(e) A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California. +(f) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. +(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. +(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. +(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. +SEC. 5. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the administration and operation of juvenile court schools by the county board of education. +This bill would express the Legislature’s intent that juvenile court schools have a rigorous curriculum that includes a course of study that prepares pupils for high school graduation and career entry and fulfills the requirements for admission to the California State University and the University of California. +Existing law prescribes the course of study a pupil is required to complete while in grades 9 to 12, inclusive, in order to receive a diploma of graduation, and authorizes the governing board of a school district to prescribe other coursework requirements that are in addition to the statewide requirements. Existing law exempts pupils in foster care and pupils who are homeless children or youths from local graduation requirements and also requires a school district and county office of education to accept coursework satisfactorily completed by those pupils while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school. +This bill would make that exemption and requirement to accept coursework satisfactorily completed applicable to former juvenile court school pupils, as defined. The bill would also require a county office of education to issue a diploma of graduation to a pupil who completes statewide coursework requirements for graduation while attending a juvenile court school but does not complete coursework and other requirements that are in addition to the statewide graduation requirements. By placing additional requirements on school districts and county offices of education, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain cidden""> +Bill Text +The people of the State of California do enact as follows: + + +SECTION 1. +Section 48645.3 of the Education Code is amended to read: +48645.3. +(a) Juvenile court schools shall be conducted in a manner as shall be prescribed by the county board of education to best accomplish the provisions of Section 48645. The minimum schoolday shall be 240 minutes. Minimum schooldays shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The minimum schoolday for pupils in attendance in approved vocational education programs, work programs prescribed by the probation department pursuant to Section 883 of the Welfare and Institutions Code, and work experience programs shall be 180 minutes, which shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The county board of education shall adopt and enforce a course of study and evaluate its program in accordance with Sections 51040, 51041, 51050, and 51054 and the provisions of Article 3 (commencing with Section 51220) of Chapter 2 of Part 28, except subdivision (c) of Section 51220. +(b) Juvenile court schools shall not be closed on any weekday of the calendar year, except those weekdays adopted by the county board of education as school holidays or set aside by the county board of education for inservice purposes. However, the county board of education may close juvenile court schools when it deems the closing is necessary to accommodate contingencies. +(c) (1) The county board of education may adopt and enforce a course of study that enhances instruction in mathematics and English language arts for pupils attending juvenile court schools, as determined by statewide assessments or objective local evaluations and assessments as approved by the county superintendent of schools. +(2) The enhanced course of study adopted pursuant to paragraph (1) shall meet the standards adopted pursuant to Section 60605.8, as appropriate, and shall be tailored to meet the needs of the individual pupil to increase the pupil’s academic literacy and reading fluency. +(d) It is the intent of the Legislature that pupils in juvenile court schools have a rigorous curriculum that includes a course of study preparing them for high school graduation and career entry and fulfilling the requirements for admission to the University of California and the California State University. +SEC. 2. +Section 48645.5 of the Education Code is amended to read: +48645.5. +(a) Each public school district and county office of education shall accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency. The coursework shall be transferred by means of the standard state transcript. If a pupil completes the graduation requirements of his or her school district of residence while being detained, the school district of residence shall issue to the pupil a diploma from the school the pupil last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma. +(b) A pupil shall not be denied enrollment or readmission to a public school solely on the basis that he or she has had contact with the juvenile justice system, including, but not limited to: +(1) Arrest. +(2) Adjudication by a juvenile court. +(3) Formal or informal supervision by a probation officer. +(4) Detention for any length of time in a juvenile facility or enrollment in a juvenile court school. +(c) Pursuant to subparagraph (B) of paragraph (8) of subdivision (f) of Section 48853.5, a pupil who has had contact with the juvenile justice system shall be immediately enrolled in a public school. +(d) If a pupil completes the statewide coursework requirements for graduation specified in Section 51225.3 while attending a juvenile court school, the county office of education shall issue to the pupil a diploma of graduation and shall not require the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements. +SEC. 3. +Section 51225.1 of the Education Code is amended to read: +51225.1. +(a) Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, or a former juvenile court school pupil, as defined in Section 51225.2, who transfers between schools any time after the completion of the pupil’s second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school. +(b) If the school district determines that the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil is reasonably able to complete the school district’s graduation requirements within the pupil’s fifth year of high school, the school district shall do all of the following: +(1) Inform the pupil of his or her option to remain in school for a fifth year to complete the school district’s graduation requirements. +(2) Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school district’s graduation requirements will affect the pupil’s ability to gain admission to a postsecondary educational institution. +(3) Provide information to the pupil about transfer opportunities available through the California Community Colleges. +(4) Permit the pupil to stay in school for a fifth year to complete the school district’s graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil. +(c) To determine whether a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupil’s school enrollment may be used, whichever will qualify the pupil for the exemption. +(d) (1) (A) Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption. +(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section. +(2) (A) Within 30 calendar days of the date that a pupil who is a homeless child or youth may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption. +(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section. +(3) (A) Within 30 calendar days of the date that a former juvenile court school pupil may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption. +(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section. +(e) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school. +(f) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupil’s ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges. +(g) A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements. +(h) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption. +(i) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption. +(j) (1) If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district. +(2) If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district. +(3) If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district. +(k) A school district shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to transfer schools in order to qualify the pupil for an exemption pursuant to this section. +(l) (1) A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. +(2) A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. +(3) A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. +(m) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. +(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. +(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. +(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. +SEC. 4. +Section 51225.2 of the Education Code is amended to read: +51225.2. +(a) For purposes of this section, the following definitions apply: +(1) “Pupil in foster care” means a child who has been removed from his or her home pursuant to Section 309 of the Welfare and Institutions Code, is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, or has been removed from his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code. +(2) “Pupil who is a homeless child or youth” means a pupil who meets the definition of “homeless child or youth” in Section 11434a(2) of Title 42 of the United States Code. +(3) “Former juvenile court school pupil” means a pupil who, upon completion of the pupil’s second year of high school, transfers to a school district, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school. +(b) Notwithstanding any other law, a school district and county office of education shall accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and shall issue that pupil full or partial credit for the coursework completed. +(c) The credits accepted pursuant to subdivision (b) shall be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, or nonpublic, nonsectarian school or agency. +(d) A school district or county office of education shall not require a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, or a nonpublic, nonsectarian school or agency. If the pupil did not complete the entire course, the school district or county office of education shall not require the pupil to retake the portion of the course the pupil completed unless the school district or county office of education, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course. +(e) A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California. +(f) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. +(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. +(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. +(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. +SEC. 5. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","An act to amend Sections 48645.3, 48645.5, 51225.1, and 51225.2 of the Education Code, relating to juvenile court school pupils." +1076,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 36 of the Code of Civil Procedure is amended to read: +36. +(a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: +(1) The party has a substantial interest in the action as a whole. +(2) The health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation. +(b) A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision. +(c) Unless the court otherwise orders: +(1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared. +(2) At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference. +(d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. +(e) Notwithstanding any other +provision of +law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference. +(f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party. +(g) Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider’s alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted. +(h) In an asbestos tort action, as defined in Section 821, a plaintiff bringing a motion for preference shall submit a sworn affidavit in support stating each of the following: +(1) That he or she has complied with the disclosure requirements of subdivision (a) of Section 822. +(2) That he or she has made a good faith effort to determine if there are any asbestos trusts against which he or she has a basis to make a claim and, if there are, that he or she has made claims with all of those asbestos trusts. +(i) A plaintiff in an asbestos tort action, as defined in Section 821, shall not be entitled to a trial preference pursuant to this section if the plaintiff is subject to an order issued pursuant to Section 825. +SEC. 2. +Chapter 6 (commencing with Section 820) is added to Title 10 of Part 2 of the Code of Civil Procedure, to read: +CHAPTER 6. Actions Relating to Asbestos Tort Claims +820. +This chapter shall be known, and may be cited, as the Asbestos Tort Claim Trust Transparency Act. +821. +The following terms are defined as follows: +(a) “Asbestos tort action” means any action involving an asbestos tort claim. +(b) “Asbestos tort claim” means a claim for damages, loss, indemnification, contribution, restitution, or other relief, including punitive damages, related to personal injury or death of a person for whom an asbestos trust may be responsible, including, without limitation, lost earnings or earning capacity, medical expenses, medical monitoring, loss of consortium, loss of the ability to provide household services, loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance, mental or emotional distress, or any other harm for which an asbestos trust claim may be asserted under law. +(c) “Asbestos trust” means a trust entity, qualified settlement fund, or claims processing facility established or in the process of being established pursuant to an administrative or legal action or a United States Bankruptcy court pursuant to Section 524(g) of Title 11, or Section 40101 of Title 49, of the United States Code, or other law formed for the purpose of compensating claimants asserting eligible asbestos tort claims. +(d) “Asbestos trust claim” means any asbestos tort claim filed or that could be filed with an asbestos trust. +(e) “Asbestos trust claim documents” means all writings, as defined by Section 250 of the Evidence Code, and information relevant to a pending or potential claim against an asbestos trust, including all proof of claim forms and all supplementary or supporting materials submitted to, or required by, an asbestos trust for an asbestos trust claim to be evaluated for compensation, including, without limitation, affidavits, declarations, interrogatory responses, deposition and trial testimony, economic loss documentation, medical records, death certificate and certificate of official capacity, claims payment matrices, trust distribution procedures, or asbestos trust plans for reorganization. +822. +(a) (1) The plaintiff in an asbestos tort claim shall serve on all parties each of the following: +(A) A sworn statement, under penalty of perjury, identifying each asbestos trust claim that the plaintiff has filed or has basis to file against an asbestos trust and, for each such asbestos trust claim, whether there has been a request to defer, delay, suspend, or toll the claim. +(B) All asbestos trust claim documents that the plaintiff has submitted to an asbestos trust. +(C) All documents relating to communications between, or on behalf of, the plaintiff and an asbestos trust. +(2) The documents described in paragraph (1) shall be served not later than 90 days after the filing of the complaint in an asbestos tort action, except under the following circumstances in which case the documents shall be served in the lesser time: +(A) Within 30 days, in an asbestos tort action in which the plaintiff is awarded a preferential trial date pursuant to Section 36. +(B) On or before March 1, 2017, with respect to an asbestos tort action that is currently pending on or before January 1, 2017. +(b) The plaintiff shall supplement the information and materials served pursuant to subdivision (a) within 30 days of filing any additional asbestos trust claims, supplementing an existing asbestos trust claim, or receiving additional information or materials related to any asbestos trust claim and, to the extent not earlier supplemented, within seven days of trial. +(c) This section shall not prevent the court from requiring disclosures for an asbestos trust claim that are in addition to those required by this section. +823. +(a) A defendant in an asbestos tort action may seek discovery of relevant materials from an asbestos trust identified by the plaintiff pursuant to Section 822 that concern the plaintiff. The plaintiff may not claim privilege or confidentiality to bar discovery under this section and shall provide consent or other authorization as may be required by an asbestos trust to facilitate the release of relevant asbestos trust claim documents sought by the defendant. +(b) Asbestos trust claim documents shall be admissible as evidence in an asbestos tort action, including, without limitation, to prove alternative causation for a plaintiff’s injury or to prove that responsibility for a plaintiff’s injury should be apportioned. Claims of privilege do not apply to asbestos trust claim documents. +824. +If a defendant identifies an asbestos trust that plaintiff failed to disclose as required by Section 822 as to which the defendant believes a plaintiff has a viable claim, the defendant may file a motion for an order for any of the following: +(a) To require the plaintiff to file a claim against the improperly withheld asbestos trust. +(b) To stay the action or vacate the trial date until the plaintiff files a claim against the improperly withheld asbestos trust. +(c) Any other relief that the court deems appropriate in its discretion for good cause shown. +825. +The court may stay an asbestos tort action, decline to assign an initial trial date, deny a motion for preference under Section 36, vacate or continue the trial date in asbestos tort action, or impose any other remedies in its discretion in any of the following circumstances: +(a) Identification by a plaintiff of an asbestos trust pursuant to Section 822 for which the plaintiff has a basis to file but has not yet filed an asbestos trust claim. +(b) Failure of a plaintiff to serve the disclosures required pursuant to Section 822. +(c) Upon the granting of a defendant’s motion pursuant to Section 824. +826. +In an asbestos tort action in which damages are awarded, the claims against the other defendants shall be reduced, pursuant to Section 877, by the amount paid to a plaintiff by any other asbestos trust or, if not yet paid as of the date of entry of judgment, by the valuation amount of such asbestos trust claim as specified in the asbestos trust claim documents, whichever is greater. +827. +In an asbestos tort action, a court may retain jurisdiction over the action even after the action is resolved for purposes of hearing motions or enforcing appropriate remedies relating to any issues raised under this chapter, including, without limitation, willful concealment or intentional delay in the filing of an asbestos trust claim. +SEC. 3. +Section 877 of the Code of Civil Procedure is amended to read: +877. +Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co-obligors mutually subject to contribution rights, it shall have the following effect: +(a) +(1) +It shall not discharge any other such party from liability unless its terms so provide, but it shall reduce the claims against the others in the amount stipulated by the release, the +dismissal +dismissal, +or the covenant, or in the amount of the consideration paid for it, whichever is the greater. +(2) This subdivision shall also apply to moneys received by or on behalf of a claimant from an asbestos trust, as defined by Section 821, whether the moneys are received before or after a verdict or judgment. +(b) It shall discharge the party to whom it is given from all liability for any contribution to any other parties. +(c) This section shall not apply to co-obligors who have expressly agreed in writing to an apportionment of liability for losses or claims among themselves. +(d) This section shall not apply to a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment given to a co-obligor on an alleged contract debt +where +if +the contract was made +prior to +before +January 1, 1988. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides generally for procedures governing civil actions. Existing law imposes additional procedures that apply with respect to limited types of civil actions. +This bill would enact the Asbestos Tort Claim Trust Transparency Act, which would establish additional procedures with respect to civil actions pertaining to asbestos tort claims, as defined. The bill would, among other things, require, that a plaintiff disclose specified information with respect to any asbestos trusts, as defined, against which the plaintiff has or could pursue a claim, and would entitle a defendant to discover relevant information pertaining to the plaintiff held by other asbestos trusts and to pursue various motions. +This bill would require a plaintiff to serve certain statements made under penalty of perjury. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with Section 820) to Title 10 of Part 2 of, the Code of Civil Procedure, relating to civil claims." +1077,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17400 of the Education Code is amended to read: +17400. +(a) Any school district may enter into leases and agreements relating to real property and buildings to be used by the school district pursuant to this article. +(b) As used in this article, the following terms have the following meanings: +(1) “Best value” means a competitive procurement process whereby the selected proposer is selected on the basis of objective criteria for evaluating the qualifications of proposers with the resulting selection representing the best combination of price and qualifications. +(2) “Best value score” means the total score awarded to a proposer for all scored evaluation factors. +(3) “Building” includes each of the following: +(A) One or more buildings located or to be located on one or more sites. +(B) The remodeling of any building located on a site to be leased pursuant to this article. +(C) Onsite and offsite facilities, utilities, or improvements that the governing board of the school district determines are necessary for the proper operation or function of the school facilities to be leased. +(D) The permanent improvement of school grounds. +(4) “Preconstruction services” means advice during the design phase including, but not limited to, scheduling, pricing, and phasing to assist the school district to design a more constructible project. +(5) “Site” includes one or more sites, and also may include any building or buildings located or to be located on a site. +SEC. 2. +Section 17406 of the Education Code, as amended by Section 1 of Chapter 214 of the Statutes of 2015, is amended to read: +17406. +(a) (1) Notwithstanding Section 17417, the governing board of a school district may let, for a minimum rental of one dollar ($1) a year, to a person, firm, or corporation real property that belongs to the school district if the instrument by which this property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district. +(2) An instrument created pursuant to paragraph (1) shall be awarded based on a competitive solicitation process to the proposer providing the best value to the school district, taking into consideration the proposer’s demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. Before awarding an instrument pursuant to this section, the governing board of the school district shall adopt and publish required procedures and guidelines for evaluating the qualifications of proposers that ensure the best value selections by the school district are conducted in a fair and impartial manner. These procedures and guidelines shall be mandatory for the school district when awarding an instrument pursuant to this section. The required procedures shall include, at a minimum, the following: +(A) The school district shall prepare a request for sealed proposals from qualified proposers. The school district shall include in the request for sealed proposals an estimate of price of the project, a clear, precise description of any preconstruction services that may be required and the facilities to be constructed, the key elements of the instrument to be awarded, a description of the format that proposals shall follow and the elements they shall contain, the standards the school district will use in evaluating proposals, the date on which proposals are due, and the timetable the school district will follow in reviewing and evaluating proposals. +(B) The school district shall give notice of the request for sealed proposals in the manner of notice provided in Section 20112 of the Public Contract Code and in a trade paper of general circulation published in the county where the project is located, with the latest notice published at least 10 days before the date for receipt of the proposals. +(C) A proposer shall be prequalified in accordance with subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code in order to submit a proposal. If used, electrical, mechanical, and plumbing subcontractors shall be subject to the same prequalification requirements for prospective bidders described in subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code, including the requirement for the completion and submission of a standardized prequalification questionnaire and financial statement that is verified under oath and is not a public record. These prequalification requirements shall be included in an instrument created pursuant to paragraph (1). +(D) The request for sealed proposals shall identify all criteria that the school district will consider in evaluating the proposals and qualifications of the proposers, including relevant experience, safety record, price proposal, and other factors specified by the school district. The price proposal shall include, at the school district’s discretion, either a lump-sum price for the instrument to be awarded or the proposer’s proposed fee to perform the services requested, including the proposer’s proposed fee to perform preconstruction services or any other work related to the facilities to be constructed, as requested by the school district. The request for proposals shall specify whether each criterion will be evaluated pass-fail or will be scored as part of the best value score, and whether proposers must achieve any minimum qualification score for award of the instrument under this section. +(E) For each scored criterion, the school district shall identify the methodology and rating or weighting system that will be used by the school district in evaluating the criterion, including the weight assigned to the criterion and any minimum acceptable score. +(F) Proposals shall be evaluated and the instrument awarded under this section in the following manner: +(i) All proposals received shall be reviewed to determine those that meet the format requirements and the standards specified in the request for sealed proposals. +(ii) The school district shall evaluate the qualifications of the proposers based solely upon the criteria and evaluation methodology set forth in the request for sealed proposals, and shall assign a best value score to each proposal. Once the evaluation is complete, all responsive proposals shall be ranked from the highest best value to the lowest best value to the school district. +(iii) The award of the instrument shall be made by the governing board of the school district to the responsive proposer whose proposal is determined, in writing by the governing board of the school district, to be the best value to the school district. +(iv) If the selected proposer refuses or fails to execute the tendered instrument, the governing board of the school district may award the instrument to the proposer with the second highest best value score if the governing board of the school district deems it to be for the best interest of the school district. If the second selected proposer refuses or fails to execute the tendered instrument, the governing board of the school district may award the instrument to the proposer with the third highest best value score if the governing board of the school district deems it to be for the best interest of the school district. +(v) Notwithstanding any other law, upon issuance of a contract award, the school district shall publicly announce its award, identifying the entity to which the award is made, along with a statement regarding the basis of the award. The statement regarding the school district’s contract award and the contract file shall provide sufficient information to satisfy an external audit. +(G) The governing board of the school district, at its discretion, may reject all proposals and request new proposals. +(3) Following the award of an instrument created pursuant to paragraph (1), and if the price proposal is not a lump sum for the instrument awarded, the successful proposer shall provide the school district with objectively verifiable information of its costs to perform the services requested under the instrument and shall select subcontractors as set forth in paragraph (4). Once any preconstruction services are completed and subcontractors are selected, and upon approval of the plans and specifications for work on the site by the Department of General Services’ Division of the State Architect, if required, the successful proposer and the school district shall finalize the price for the services to be provided under the instrument. The successful proposer shall provide the school district with written rationale for the price, and the school district shall approve or reject the final price at a public meeting before the successful proposer may proceed with any further work under the instrument. The contract file shall include documentation sufficient to support the final price determination. +(4) (A) The school district, in the request for sealed proposals, may identify specific types of subcontractors that must be included in the proposal. All subcontractors that are identified in the proposal shall be afforded the protections of the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code). +(B) Following the award of an instrument created pursuant to paragraph (1) and for subcontractors not identified in the proposal, the successful proposer shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the price allocable to construction work: +(i) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the school district, including a fixed date and time on which qualifications statements, bids, or proposals will be due. +(ii) Establish reasonable qualification criteria and standards. +(iii) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The process shall not apply to subcontractors listed in the original proposal. Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code). +(5) Nothing in paragraph (2) shall preclude a school district from segregating the request for proposals into a request for qualifications, followed by a request for proposals with price information from the proposers deemed most qualified by the school district, provided that the procedures specified in paragraphs (2), (3), and (4) are otherwise followed. +(b) (1) Notwithstanding Sections 17297 and 17402, for purposes of utilizing preconstruction services, a school district may enter into an instrument created pursuant to paragraph (1) of subdivision (a) before written approval by the Department of General Services’ Division of the State Architect only if the instrument provides that no work for which a contractor is required to be licensed in accordance with Article 5 (commencing with Section 7065) of Chapter 9 of Division 3 of the Business and Professions Code and for which Division of the State Architect approval is required can be performed before receipt of the required Division of the State Architect approval. +(2) Nothing in this subdivision waives the requirements of Section 17072.30 or Section 17074.16, or any other applicable requirements of Chapter 12.5 (commencing with Section 17070.10) of Part 10. +(c) A rental of property that complies with subdivision (a) as it reads on the day that the lease is entered into shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution. +(d) (1) This subdivision shall apply to a project for the construction, alteration, repair, or improvement of any structure, building, or other improvement of any kind that was leased through an instrument pursuant to this section before July 1, 2015. If at any time the instrument is determined to be invalid by a court of competent jurisdiction because it fails to fall within the competitive bidding exception pursuant to paragraph (1) of subdivision (a), as it read on December 31, 2016, the contractor who entered into the instrument with the school district may be paid the reasonable cost, specifically excluding profit, of the labor, equipment, materials, and services furnished by the contractor before the date of the determination that the instrument is invalid if all of the following conditions, as determined by the court, are met: +(A) The contractor proceeded with construction, alteration, repair, or improvement based upon a good faith belief that the instrument was valid. +(B) The school district has reasonably determined that the work performed is satisfactory. +(C) Contractor fraud did not occur in the obtaining or performance of the instrument. +(D) The instrument does not otherwise violate state law related to the construction or leasing of public works of improvement. +(2) In no event shall payment to the contractor pursuant to this section exceed either of the following: +(A) The contractor’s costs as included in the instrument plus the cost of any approved change orders. +(B) The lease payments made, less profit, at the point in time the instrument is determined to be invalid by a court of competent jurisdiction. +(3) Notwithstanding paragraph (1), this subdivision shall not affect any protest and legal proceedings, whether contractual, administrative, or judicial, to challenge the award of the public works contract, nor affect any rights under Section 337.1 or 337.15 of the Code of Civil Procedure. +(e) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 3. +Section 17406 of the Education Code, as added by Section 2 of Chapter 408 of the Statutes of 2014, is amended to read: +17406. +(a) Notwithstanding Section 17417, the governing board of a school district may let, for a minimum rental of one dollar ($1) a year, to any person, firm, or corporation any real property that belongs to the school district if the instrument by which this property is let requires the lessee to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district. +(b) Any rental of property that complies with subdivision (a) shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution. +(c) This section shall become operative on July 1, 2022.","Existing law requires the governing board of a school district to adopt a resolution that, among other things: (1) declares its intention to enter into a lease or agreement relating to school property, (2) includes specified information about the property, and (3) fixes a time for a public meeting of the governing board of the school district at which sealed proposals to enter a lease or agreement with the school district will be received from any person, firm, or corporation, and considered by the governing board of the school district, as specified. +Existing law, notwithstanding the provision described above, also authorizes the governing board of a school district, without advertising for bids, to lease real property for a minimum rental of $1 per year if the instrument by which this property is leased requires the lessee to construct, or provide for the construction of, a building to be used by the school district and provides that the title to the building shall vest in the school district at the end of the lease. +This bill would delete the language that provides that the governing board of a school district is not required to advertise for bids pursuant to this provision. The bill would require an instrument created pursuant to these provisions to be awarded based on a competitive solicitation process to the proposer providing the best value, as defined, to the school district. The bill would require the governing board of the school district to adopt and publish required procedures and guidelines for evaluating the qualifications of proposers, as provided. The bill would authorize a school district, for purposes of utilizing preconstruction services, to enter into an instrument before written approval is obtained from the Department of General Services’ Division of the State Architect (DSA) only if the instrument provides that no work for which a contractor is required to be licensed and for which DSA approval is required can be performed before receipt of the required DSA approval. +The bill would provide, for certain projects leased through an instrument before July 1, 2015, if at any time the instrument is determined to be invalid by a court of competent jurisdiction because it fails to fall within the former competitive bidding exception, that the contractor who entered into the contract with the school district may be paid the reasonable cost, specifically excluding profit, of the labor, equipment, materials, and services furnished by the contractor before the date of the determination, if certain conditions, as determined by the court, are met. The bill would authorize a school district to identify specific types of subcontractors required to be included in a proposal, and would impose specified other procedural requirements on awarding construction subcontracts of a certain value. The bill would provide that the changes made by its provisions, except the deletion of the governing board of a school district’s authority to not advertise for bids, shall become inoperative on July 1, 2022.","An act to amend Sections 17400 and 17406 of the Education Code, relating to school facilities." +1078,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 54964.5 of the Government Code is amended to read: +54964.5. +(a) A nonprofit organization or an officer, employee, or agent of a nonprofit organization shall not use, or permit another to use, public resources received from any local agency to make a contribution or expenditure not authorized by law. +(b) As used in this section and Section 84222.5, the following terms have the following meanings: +(1) “Local agency” has the same meaning as that term is defined in paragraph (4) of subdivision (b) of Section 54964 and shall also include a public entity created pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1) by one or more entities described in Section 54964. +(2) “Nonprofit organization” means an entity incorporated under the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code) or a nonprofit organization that qualifies for tax-exempt status under Section 115 or 501(c) of the federal Internal Revenue Code. “Nonprofit organization” does not include a nonprofit organization that qualifies for tax-exempt status under Section 501(c)(3) of the federal Internal Revenue Code. +(3) “Public resources” means either of the following: +(A) Any property or asset owned by a local agency, including, but not limited to, cash, land, buildings, facilities, funds, equipment, supplies, telephones, computers, vehicles, travel, and local government compensated work time that is provided to a nonprofit organization, except funds received in exchange for consideration for goods or services. +(B) Funds received by a nonprofit organization that have been generated from any activities related to conduit bond financing by those entities subject to the conduit financing and transparency and accountability provisions of Chapter 10.7 (commencing with Section 5870) of Division 6 of Title 1, whether or not those funds are received by the nonprofit organization in exchange for consideration for goods or services. +(4) “Publicly funded nonprofit organization” means a nonprofit organization for which public resources from one or more local agencies account for more than 20 percent of the nonprofit organization’s annual gross revenue in the current fiscal year or either of the previous two fiscal years. +(5) “Use” means a use of public resources from one or more local agencies that is substantial enough to result in a gain or advantage to the user or a loss to a local agency for which a monetary value may be estimated. +(c) This section does not prohibit the use of public resources for expenditures authorized by law, including all of the following: +(1) The costs of adopting a position or resolution supporting or opposing a clearly identified ballot measure or candidate, including posting the position or resolution on the nonprofit organization’s Internet Web site, communicating the position or resolution to members of the nonprofit organization, or issuing a press statement. +(2) Incidental or minimal use of public resources. +(3) Incidental costs related to the establishment or administration of a sponsored committee, as defined in Section 82048.7. A reasonable accounting method may be used to determine the use of nonpublic resources to pay for that cost. For purposes of this paragraph, “establishment and administration” means the cost of office space, telephones, salaries, utilities, supplies, legal and accounting fees, and other expenses incurred in establishing and operating a sponsored committee. +(4) Providing information to the public about the possible effects of a ballot measure on the activities, operations, or policies of the state or a local agency if the informational activities meet both of the following conditions: +(A) The informational activities are not otherwise prohibited by the California Constitution or the laws of this state. +(B) The information provided constitutes an accurate, fair, and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the ballot measure. +(d) (1) Any person who intentionally or negligently violates this section is liable for a civil penalty not to exceed one thousand dollars ($1,000) for each day on which a violation occurs, plus three times the value of the unlawful use of public resources. The penalty shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney or any city attorney of a city having a population in excess of 750,000. If two or more persons are responsible for a violation, they shall be jointly and severally liable for the penalty. If the action is brought by the Attorney General, the moneys recovered shall be paid into the General Fund. If the action is brought by a district attorney, the moneys recovered shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney, the moneys recovered shall be paid to the treasury of that city. +(2) A civil action alleging a violation of this section shall not be commenced more than four years after the date of the alleged violation. +SEC. 2. +Section 54964.6 of the Government Code is repealed. +SEC. 3. +Section 84222.5 is added to the Government Code, to read: +84222.5. +(a) A publicly funded nonprofit organization that makes contributions or expenditures, either directly or through the control of another entity, shall establish and deposit into a separate bank account all funds that will be used to make contributions and expenditures, and those contributions and expenditures shall come from that separate bank account. +(b) In addition to subdivisions (b) and (c) of Section 84222, a publicly funded nonprofit organization is a recipient committee within the meaning of subdivision (a) of Section 82013 if any of the following occur: +(1) It makes contributions or expenditures totaling fifty thousand dollars ($50,000) or more related to statewide candidates or ballot measures or makes contributions or expenditures totaling two thousand five hundred dollars ($2,500) or more related to local candidates or ballot measures, either directly or through the control of another entity, during the prior quarter. +(2) By January 31 of each odd-numbered year, it makes contributions or expenditures totaling one hundred thousand dollars ($100,000) or more related to statewide candidates or ballot measures or makes contributions or expenditures totaling ten thousand dollars ($10,000) or more related to local candidates or ballot measures, either directly or through the control of another entity, during the previous two years. +(c) If a publicly funded nonprofit organization qualifies as a recipient committee pursuant to subdivision (b), it shall comply with the registration and reporting requirements of Section 84222. +(d) Each publicly funded nonprofit organization that makes contributions or expenditures, either directly or through the control of another entity, shall provide to the Commission, and display on the organization’s Internet Web site, the information it is required to disclose under this section. The information shall be clearly described and identified on a separate Internet Web page that is linked from the homepage of the organization’s Internet Web site. The link to this Internet Web page from the homepage shall be as visible as all similar links. +(e) The Commission may require an audit of a publicly funded nonprofit organization that is required to provide records to the Commission pursuant to this section. The Commission shall require an audit of any publicly funded nonprofit organization that makes contributions or expenditures in excess of five hundred thousand dollars ($500,000) in a calendar year. The publicly funded nonprofit organization shall provide records to the Commission to substantiate the information required to be disclosed by this section. +(f) If the Commission determines at the conclusion of an audit that a publicly funded nonprofit organization has violated this section, the Commission, the Attorney General, or the district attorney for the county in which the organization is domiciled may impose a civil fine upon the organization in an amount up to ten thousand dollars ($10,000) for each violation. +(g) The definitions in subdivision (b) of Section 54964.5 apply to this section. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SEC. 5. +The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.","(1) Existing law prohibits a nonprofit organization or an officer, employee, or agent of a nonprofit organization from using, or permitting another to use, public resources received from a local agency for any campaign activity not authorized by law. Existing law authorizes the Attorney General, any district attorney, or any city attorney of a city with a population over 750,000 to bring a civil action to recover a civil penalty against any person who intentionally or negligently violates that prohibition. +This bill would clarify that the prohibition applies to making contributions or expenditures not authorized by law, and would specify certain expenditures authorized by law that are not subject to the prohibition. +(2) Existing law requires a reporting nonprofit organization that engages in campaign activity to deposit into a separate bank account all specific sources of funds it receives and to pay for all campaign activity from that separate bank account. Existing law defines “reporting nonprofit organization” as a nonprofit organization for which public resources from one or more local agencies account for more than 20% of the nonprofit organization’s annual gross revenue, as specified. +Existing law requires a reporting nonprofit organization that engages in campaign activity of specified amounts or more to periodically disclose to the Franchise Tax Board, and post on its Internet Web site in a certain manner, the identity and amount of each specific source or sources of funds it receives for campaign activity, a description of the campaign activity, and the identity and amount of payments the organization makes from the required separate bank account. Existing law authorizes, and in some instances requires, the Franchise Tax Board to audit a reporting nonprofit organization, requires the board to issue a written audit report, and requires the board to transmit the audit report to the Attorney General and the district attorney for the county in which the reporting nonprofit organization is domiciled. Existing law authorizes the Attorney General or the district attorney for the county in which the reporting nonprofit organization is domiciled to impose a monetary civil penalty of up to $10,000 against a reporting nonprofit organization for misusing public resources received from a local agency, as described in (1), for failing to maintain the separate bank account, or for not complying with the disclosure requirements described above. +This bill would recast and relocate those provisions within the Political Reform Act of 1974, thereby making the Fair Political Practices Commission responsible for their administration and enforcement, except as specified. The bill would change the term “reporting nonprofit organization” to “publicly funded nonprofit organization,” defined as a nonprofit organization for which public resources from one or more local agencies account for more than 20% of the nonprofit organization’s annual gross revenue, as specified. The bill would require certain publicly funded nonprofit organizations to register as recipient committees and file the campaign statements that those committees are required to file under the act. This bill would shift the Franchise Tax Board’s authority and duties under these provisions to the Commission and would authorize the Commission, in addition to the Attorney General or the district attorney, to impose the monetary civil penalty of up to $10,000 against a publicly funded nonprofit organization. +The Political Reform Act of 1974 makes a willful violation of its provisions a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a +2/3 +vote of each house and compliance with specified procedural requirements. +This bill would declare that it furthers the purposes of the act.","An act to amend Section 54964.5 of, to add Section 84222.5 to, and to repeal Section 54964.6 of, the Government Code, relating to nonprofit organizations." +1079,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6292 of the Revenue and Taxation Code is amended to read: +6292. +(a) Except when the sale is by lease, when a mobilehome or commercial coach required to be registered annually under the Health and Safety Code or a vehicle required to be registered under the Vehicle Code is sold at retail by other than a person licensed or certificated pursuant to the Health and Safety Code or the Vehicle Code as a manufacturer, remanufacturer, dealer, dismantler, or lessor-retailer, subject to Section 11615.5 of the Vehicle Code, the retailer is not required or authorized to collect the use tax from the purchaser, but the purchaser of the vehicle shall pay the use tax to the Department of Housing and Community Development acting for and on behalf of the board pursuant to Section 18123 of the Health and Safety Code or to the Department of Motor Vehicles acting for and on behalf of the board pursuant to Section 4750.5 of the Vehicle Code. +(b) If the purchaser makes an application to either department that is not timely, and is subject to penalty because of delinquency in effecting registration or transfer of registration of the vehicle, he or she then becomes liable also for penalty as specified in Section 6591, but no interest shall accrue. +(c) Application to the appropriate department by the purchaser relieves the purchaser of the obligation to file a return with the board under Section 6452. +(d) If the purchaser does not make application to either department, or does not pay the amount of use tax due, or files a return with the board under Section 6455 that is not timely, interest and penalties shall apply with respect to the unpaid amount as provided in Chapter 5 (commencing with Section 6451). +(e) Use taxes collected by the Department of Motor Vehicles and transmitted to the board pursuant to Section 4750.5 of the Vehicle Code shall be allocated to the jurisdiction where the purchaser registers the purchased vehicle, by the +specific address +tax area code +data provided to the board by the Department of Motor Vehicles. The board shall reimburse the Department of Motor Vehicles as prescribed in subdivision (d) of Section 4750.5 of the Vehicle Code. +SEC. 2. +Section 6293 of the Revenue and Taxation Code is amended to read: +6293. +(a) Except when the sale is by lease, when a vehicle subject to identification under Division 16.5 (commencing with Section 38000) of the Vehicle Code or a vehicle that qualifies under the permanent trailer identification plate program pursuant to subdivision (a) of Section 5014.1 of the Vehicle Code, is sold at retail by other than a person licensed or certificated pursuant to the Vehicle Code as a manufacturer, remanufacturer, dealer, dismantler, or lessor-retailer, subject to Section 11615.5 of the Vehicle Code, or a person required to hold a seller’s permit pursuant to Article 2 (commencing with Section 6066) of Chapter 2 by reason of the number, scope, and character of his or her sales of those vehicles, the retailer is not required or authorized to collect the use tax from the purchaser, but the purchaser of the vehicle shall pay the use tax to the Department of Motor Vehicles acting for and on behalf of the board pursuant to Section 38211 of the Vehicle Code. +(b) If the purchaser makes an application to +that +the +department +which +that +is not timely, and is subject to penalty because of delinquency in effecting identification or transfer of ownership of the vehicle, he or she then becomes liable also for penalty as specified in Section 6591 of this code, but no interest shall accrue. +(c) Application to +that +the +department by the purchaser relieves the purchaser of the obligation to file a return with the board under Section 6452. +(d) If the purchaser does not make application to +that +the +department, or does not pay the amount of use tax due, or files a return with the board under Section 6455 +which +that +is not timely, interest and penalties shall apply with respect to the unpaid amount as provided in Chapter 5 (commencing with Section 6451). +(e) Use taxes collected by the Department of Motor Vehicles and transmitted to the board pursuant to Section 38211 of the Vehicle Code shall be allocated to the jurisdiction where the purchaser registers the purchased vehicle, by the tax area code data provided to the board by the Department of Motor Vehicles. The board shall reimburse the Department of Motor Vehicles as prescribed in subdivision (d) of Section 38211 of the Vehicle Code. +SEC. 3. +Section 6294 of the Revenue and Taxation Code is amended to read: +6294. +(a) When an undocumented vessel required to be registered under the Vehicle Code is sold at retail by other than a person holding a seller’s permit and regularly engaged in the business of selling vessels, the retailer is not required or authorized to collect the use tax from the purchaser, but the purchaser of the vessel must pay the use tax to the Department of Motor Vehicles acting for, and on behalf of, the board pursuant to Section 9928 of the Vehicle Code. +(b) If the purchaser makes an application to the department that is not timely, and is subject to penalty because of delinquency in effecting registration or transfer of registration of the undocumented vessel, he or she then becomes liable also for penalty as specified in Section 6591, but no interest shall accrue. +(c) Application to the department by the purchaser shall relieve the purchaser of the obligation to file a return with the board under Section 6452. +(d) If the purchaser does not make application to either department, or does not pay the amount of use tax due, or files a return with the board under Section 6455 that is not timely, interest and penalties shall apply with respect to the unpaid amount as provided in Chapter 5 (commencing with Section 6451). +(e) Use taxes collected by the Department of Motor Vehicles and transmitted to the board pursuant to Section 9928 of the Vehicle Code shall be allocated to the jurisdiction where the purchaser registers the purchased vessel, by the +specific address +tax area code +data provided to the board by the Department of Motor Vehicles. The board shall reimburse the Department of Motor Vehicles as prescribed in subdivision (d) of Section 9928 of the Vehicle Code. +SEC. 4. +Section 4750.5 of the Vehicle Code is amended to read: +4750.5. +(a) The department shall withhold the registration or the transfer of registration of a vehicle sold at retail to an applicant by a person other than a vehicle manufacturer or dealer holding a license and certificate issued pursuant to Chapter 4 (commencing with Section 11700) of Division 5, or an automobile dismantler holding a license and certificate issued pursuant to Chapter 3 (commencing with Section 11500) of Division 5, or a lessor-retailer holding a license issued pursuant to Chapter 3.5 (commencing with Section 11600) of Division 5, and subject to the provisions of Section 11615.5, until the applicant pays to the department the use tax measured by the sales price of the vehicle as required by the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), together with penalty, if any, unless the State Board of Equalization finds that no use tax is due. If the applicant so desires, he or she may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his or her application for registration or transfer of registration, and thereafter he or she may apply through the Department of Motor Vehicles to the State Board of Equalization under the Sales and Use Tax Law for a refund of the amount paid. +(b) (1) If applicable, the department shall determine all local use taxes that the applicant is responsible to pay by specific address data provided by the applicant and to which the vehicle shall be registered. +The department shall utilize all available tools, including those available through the State Board of Equalization, to determine the correct use tax rates to apply to the applicant. +(2) Using the specific address data provided by the applicant and to which the vehicle shall be registered, the department shall identify the correct tax area code for the applicable local jurisdiction to which the vehicle shall be registered and to which the local use tax shall be allocated. The State Board of Equalization shall provide a list of state tax area codes applicable to each jurisdiction for purposes of allocating the local use taxes directly, pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code). +(c) The department shall transmit all collections of use tax and penalty made under this section to the State Board of Equalization. The department also shall +collect and transmit to the board specific address data provided by applicants upon application and to which a purchased vehicle will be registered, for proper allocation of use tax collections. The transmitted data shall be subject to the requirements of Section 7056 of the Revenue and Taxation Code. +transmit the tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board for the proper direct allocation of local use tax collections. +This transmittal shall be made at least monthly, accompanied by a schedule in the form that the department and board may prescribe. +(d) The State Board of Equalization shall reimburse the department for its costs incurred in carrying out the provisions of this section. The reimbursement shall be effected under agreement between the agencies, approved by the Department of Finance. +(e) In computing any use tax or penalty under this section, dollar fractions shall be disregarded in the manner specified in Section 9559. Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law and local transaction and use tax law insofar as they are applicable to the use of vehicles to which this section relates. +(f) It is the intent of the Legislature that the department and the State Board of Equalization administer this part in a manner that ensures that applicable Bradley-Burns uniform local +sales +use +taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vehicle is registered. +SEC. 5. +Section 9928 of the Vehicle Code is amended to read: +9928. +(a) The department shall withhold the certificate of number or the transfer of registration of a vessel sold at retail to an applicant by a person other than a person holding a seller’s permit pursuant to Section 6066 of the Revenue and Taxation Code, and regularly engaged in the business of selling vessels, until the applicant pays to the department the use tax measured by the sales price of the vessel as required by the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), together with penalty, if any, unless the State Board of Equalization finds that no use tax is due. If the applicant so desires, he or she may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his or her application for registration or transfer of registration and thereafter he or she may apply through the Department of Motor Vehicles to the State Board of Equalization under the Sales and Use Tax Law for a refund of the amount paid. +(b) (1) If applicable, the department shall determine all local use taxes that the applicant is responsible to pay by specific address data provided by the applicant and to which the vessel shall be registered. +The department shall utilize all available tools, including those available through the State Board of Equalization, to determine the correct use tax rates to apply to the applicant. +(2) Using the specific address data provided by the applicant and to which the vehicle shall be registered, the department shall identify the correct tax area code for the applicable local jurisdiction to which the vessel shall be registered and to which the local use tax shall be allocated. The State Board of Equalization shall provide a list of state tax area codes applicable to each jurisdiction for purposes of allocating the local use taxes directly, pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code). +(c) The department shall transmit all collections of the use tax and penalty made under this section to the State Board of Equalization. The department also shall +collect and transmit to the board specific address data provided by applicants upon application and to which a purchased vessel will be registered, for proper allocation of use tax collections. The transmitted data shall be subject to the requirements of Section 7056 of the Revenue and Taxation Code. +transmit the tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board for the proper direct allocation of local use tax collections. +This transmittal shall be made at least monthly, accompanied by a schedule in the form that the department and board may prescribe. +(d) The State Board of Equalization shall reimburse the department for its costs incurred in carrying out the provisions of this section. +(e) In computing any use tax or penalty under this section, dollar fractions shall be disregarded in the manner specified in Section 9559. Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law and local transaction and use tax law insofar as they are applicable to the use of vessels to which this section relates. +(f) The department and the State Board of Equalization shall enter into an agreement for the collection of the use tax pursuant to this section and Section 6294 of the Revenue and Taxation Code. The agreement shall specify the procedures agreed upon by the department and the board for collection of the tax and the reimbursement provided for in subdivision (d). The agreement shall be approved by the Department of Finance. +(g) It is the intent of the Legislature that the department and the State Board of Equalization administer this part in a manner that ensures that applicable Bradley-Burns uniform local +sales +use +taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vessel is registered. +SEC. 6. +Section 38211 of the Vehicle Code is amended to read: +38211. +(a) The department shall withhold identification of or the transfer of ownership of a vehicle subject to identification under this division until the applicant pays to the department the use tax measured by the sales price of the vehicle as required by the Sales and Use Tax Law, together with penalty, if any, unless the purchaser presents evidence on a form prescribed by the State Board of Equalization that sales tax will be paid by the seller or that use tax has been collected by the seller or that the State Board of Equalization finds that no use tax is due. If the applicant so desires, he or she may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his or her application for identification or transfer of ownership, and thereafter he or she may apply through the Department of Motor Vehicles to the State Board of Equalization under the Sales and Use Tax Law for a refund of the amount paid. +(b) (1) If applicable, the department shall determine all local use taxes that the applicant is responsible to pay by specific address data provided by the applicant and to which the vehicle shall be registered. +The department shall utilize all available tools, including those available through the State Board of Equalization, to determine the correct use tax rates to apply to the applicant. +(2) Using the specific address data provided by the applicant and to which the vehicle shall be registered, the department shall identify the correct tax area code for the applicable local jurisdiction to which the vehicle shall be registered and to which the local use tax shall be allocated. The State Board of Equalization shall provide a list of state tax area codes applicable to each jurisdiction for purposes of allocating the local use taxes directly, pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code). +(c) The department shall transmit all collections of use tax and penalty made under this section to the State Board of Equalization. The department also shall +collect and transmit to the board specific address data provided by applicants upon application and to which a purchased vehicle will be registered, for proper allocation of use tax collections. The transmitted data shall be subject to the requirements of Section 7056 of the Revenue and Taxation Code. +transmit the tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board for the proper direct allocation of local use tax collections. +This transmittal shall be made at least monthly, accompanied by a schedule in the form that the department and board may prescribe. +(d) The State Board of Equalization shall reimburse the department for its costs incurred in carrying out the provisions of this section. The reimbursement shall be effected under agreement between the agencies, approved by the Department of Finance. +(e) In computing any use tax or penalty under this section, dollar fractions shall be disregarded in the manner specified in Section 9559. Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law and local transaction and use tax law insofar as they are applicable to the use of vehicles to which this section relates. +(f) It is the intent of the Legislature that the department and the State Board of Equalization administer this part in a manner that ensures that applicable Bradley-Burns uniform local +sales +use +taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vehicle is registered.","Existing law requires the Department of Motor Vehicles to withhold the registration or the transfer of registration of any vehicle or vessel, and to withhold identification or transfer of ownership of any off-highway vehicle subject to identification, until the applicant for registration or identification pays to the department the use tax measured by the sales price of the vehicle or vessel as required by the Sales and Use Tax Law, together with penalty, except as specified. Existing law requires the department to transmit all collections of use tax and penalty to the State Board of Equalization. +This bill would require, in addition, that the department determine all local use taxes the applicant is responsible to pay by specific address data provided by the applicant, and where the vehicle or vessel is to be registered. The bill would require the department to transmit the +address data to the board, and would make the data subject to specified information sharing provisions. +tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board. +This bill would require the board to allocate the use taxes transmitted by the department to the jurisdiction where the purchaser registers the purchased vehicle or vessel by the +specific address +tax area code +data provided to the board by the department. +This bill would declare the intent of the Legislature that the department and the board administer the provisions relating to registration of vehicles and vessels and identification of off-highway vehicles for these purposes in a manner that ensures that applicable local sales taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vehicle or vessel is registered.","An act to amend Sections 6292, 6293, and 6294 of the Revenue and Taxation Code, and to amend Sections 4750.5, 9928, and 38211 of the Vehicle Code, relating to vehicles." +1080,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 103885 of the Health and Safety Code is amended to read: +103885. +(a) The director shall establish a statewide system for the collection of information determining the incidence of cancer, using population-based cancer registries modeled after the Cancer Surveillance Program of Orange County. As of the effective date of this section, the director shall begin phasing in the statewide cancer reporting system. By July 1, 1988, all county or regional registries shall be implemented or initiated. By July 1, 1990, the statewide cancer reporting system shall be fully operational. Within 60 days of the effective date of this section, the director shall submit an implementation and funding schedule to the Legislature. +(b) The department may designate any demographic parts of the state as regional cancer incidence reporting areas and may establish regional cancer registries, with the responsibility and authority to carry out the intent of this section in designated areas. Designated regional registries shall provide, on a timely basis, cancer incidence data as designated by the state department to the department. The department may establish a competitive process to receive applications for, and issue, the award of a contract, grant, or allocation of funds, including, but not limited to, a cooperative agreement, subvention agreement, or any other agreement allowed by law, to an agency, including, but not limited to, a health systems agency, single county health department, multicounty health department grouping, or nonprofit professional association to operate the statewide cancer reporting system and to enter into contracts, or issue grants or funding allocations to other agencies representing a designated cancer reporting region for the purposes of collecting and collating cancer incidence data. The award of these contracts, grants, or funding allocations shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. The department shall include appropriate terms and conditions in a contract, grant, or funding allocation to ensure the proper use of state funds, including provision for reimbursement of allowable costs, financial reporting, program performance reporting, monitoring of subgrants, subcontracts, or suballocations to an agency representing a designated cancer reporting region, retention and access requirements for records, data use and management, independent auditing, termination, and disposition of assets acquired under the contract, grant, or funding allocation. +(c) The director shall designate cancer as a disease required to be reported in the state or any demographic parts of the state in which cancer information is collected under this section. All cancers diagnosed or treated in the reporting area shall thereafter be reported to the representative of the department authorized to compile the cancer data, or any individual, agency, or organization designated to cooperate with that representative. +(d) (1) Any hospital or other facility providing therapy to cancer patients within an area designated as a cancer reporting area shall report each case of cancer to the department or the authorized representative of the department in a format prescribed by the department. If the hospital or other facility fails to report in a format prescribed by the department, the department’s authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other health facility shall reimburse the state department or the authorized representative for its cost to access and report the information. +(2) Any physician and surgeon, dentist, podiatrist, or other health care practitioner diagnosing or providing treatment for cancer patients shall report each cancer case to the department or the authorized representative of the department, except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnoses or treatment of that instance of cancer. +(3) (A) On or after January 1, 2019, a pathologist diagnosing cancer shall report cancer diagnoses to the department utilizing the College of American Pathologists cancer protocols or any other standardized format approved by the department. +(B) Reporting shall be by electronic means, including, but not limited to, either directly from an electronic medical record or using a designated Internet Web portal that the department shall provide for pathologists’ use. If a pathologist fails to report electronically and with an approved format, the department’s authorized representative may access the information from the pathologist in an appropriate alternative format. In these cases, the pathologist shall reimburse the department or the authorized representative for its cost to access and report the information. +(C) A pathologist shall not be responsible for acquiring missing or inaccessible patient demographic information not provided to him or her beyond the content of the required cancer-specific data elements. +(D) For purposes of reports submitted pursuant to this paragraph, the department shall prescribe the data required to be included in the report, work collaboratively with stakeholders to designate a standardized electronic format for submission, and designate an Internet Web portal for electronic submission. +(E) This paragraph shall not be interpreted to require a pathologist to submit the same pathology report to the department, regardless of format, more than once. If a pathology report is submitted by a pathologist electronically, pursuant to this paragraph, the same pathology report is not required to be submitted to the department by any other means. +(e) Any hospital or other facility that is required to reimburse the department or its authorized representative for the cost to access and report the information pursuant to subdivision (d) shall provide payment to the department or its authorized representative within 60 days of the date this payment is demanded. In the event any hospital or other facility fails to make the payment to the department or its authorized representative within 60 days of the date the payment is demanded, the department or its authorized representative may, at its discretion, assess a late fee not to exceed 1 +1/2 +percent per month of the outstanding balance. Further, in the event that the department or its authorized representative takes a legal action to recover its costs and any associated fees, and the department or its authorized representative receives a judgment in its favor, the hospital or other facility shall also reimburse the department or its authorized representative for any additional costs it incurred to pursue the legal action. Late fees and payments made to the department by hospitals or other facilities pursuant to this subdivision shall be considered as reimbursements of the additional costs incurred by the department. +(f) All physicians and surgeons, hospitals, outpatient clinics, nursing homes and all other facilities, individuals, or agencies providing diagnostic or treatment services to patients with cancer shall grant to the department or the authorized representative access to all records that would identify cases of cancer or would establish characteristics of the cancer, treatment of the cancer, or medical status of any identified cancer patient. Willful failure to grant access to those records shall be punishable by a fine of up to five hundred dollars ($500) each day access is refused. Any fines collected pursuant to this subdivision shall be deposited in the General Fund. +(g) (1) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential. For purposes of this section, this information shall be referred to as “confidential information.” +(2) The department and any regional cancer registry designated by the department shall use the information to determine the sources of malignant neoplasms and evaluate measures designed to eliminate, alleviate, or ameliorate their effect. +(3) Persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health who meet qualifications as determined by the department, and who agree, in writing, to maintain confidentiality, may be authorized access to confidential information. +(4) The department and any regional cancer registry designated by the department may enter into agreements to furnish confidential information to other states’ cancer registries, federal cancer control agencies, local health officers, or health researchers for the purposes of determining the sources of cancer and evaluating measures designed to eliminate, alleviate, or ameliorate their effect. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers, shall also do both of the following: +(A) Obtain approval of their committee for the protection of human subjects established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations. +(B) Provide documentation to the department that demonstrates to the department’s satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information. +(5) Notwithstanding any other law, any disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed. +(6) The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship. +(7) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include: the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the department. +(8) Notwithstanding any other law, no part of the confidential information shall be available for subpoena, nor shall it be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor shall this information be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason. +(9) Nothing in this subdivision shall prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information. +(10) Notwithstanding the restrictions in this subdivision, the individual to whom the information pertains shall have access to his or her own information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code. +(h) For the purpose of this section, “cancer” means either of the following: +(1) All malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma, Hodgkins disease, and leukemia, but excluding basal cell and squamous cell carcinoma of the skin. +(2) All primary intracranial and central nervous system (CNS) tumors occurring in the following sites, irrespective of histologic type: brain, meninges, spinal cord, caudae equina, cranial nerves and other parts of the CNS, pituitary gland, pineal gland, and craniopharyngeal duct. +(i) Nothing in this section shall preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with cancer to maintain their own facility-based cancer registries. +(j) It is the intent of the Legislature that the department, in establishing a system pursuant to this section, maximize the use of available federal funds.","Existing law requires the State Department of Public Health to establish a statewide system for the collection of information determining the incidence of cancer, known as the Ken Maddy California Cancer Registry. Existing law authorizes the department to designate any demographic parts of the state as regional cancer incidence reporting areas and establish regional cancer registries to provide cancer incidence data. Existing law requires any hospital or other facility providing therapy to cancer patients within a cancer reporting area to report each case of cancer to the department or the authorized representative of the department in a format prescribed by the department. Existing law provides that if the hospital or other facility fails to report in a format prescribed by the department, the department’s authorized representative is authorized to access the information from the hospital or the facility and report it in the appropriate format. In these cases, existing law requires the hospital or other health facility to reimburse the department or the authorized representative for its cost to access and report the information. Existing law also requires any physician, dentist, podiatrist, or other health care practitioner diagnosing or providing treatment for cancer patients to report each cancer case to the department or the authorized representative of the department, except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnosis or treatment of that instance of cancer. +This bill, on or after January 1, 2019, would, among other things, require a pathologist diagnosing cancer to report cancer diagnoses to the department by electronic means, including, but not limited to, either directly from an electronic medical record or using a designated Internet Web portal provided by the department. If a pathologist fails to report electronically and with an approved format, the bill would authorize the department’s authorized representative to access the information from the pathologist in an appropriate alternative format. In these cases, the bill would require the pathologist to reimburse the department or the authorized representative for its cost to access and report the information. The bill would require the department to prescribe the data required to be included in the reports and to work collaboratively with stakeholders to designate a standardized electronic format for submission of the reports.","An act to amend Section 103885 of the Health and Safety Code, relating to cancer." +1081,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) Computer science education is not only about access to computers. It is about innovation and development of technology. Computer science education builds pupils’ computational and critical thinking skills, which enables them to create, and not simply use, the next generation of technological tools. This fundamental knowledge is needed to prepare pupils for the 21st century regardless of their ultimate field of study or occupation. +(2) Computer science drives job creation and innovation throughout our state’s economy. Providing access to computer science education is a critical step for ensuring that California remains competitive in the global economy and strengthens its cybersecurity. Last year, there were over 600,000 technology jobs open across the United States, and, by 2018, 51 percent of all science, technology, engineering, and mathematics (STEM) jobs are projected to be in computer science-related fields. In California, there are currently 86,436 open computing jobs, which is four times the average demand rate in California. +(3) Computing occupations make up two-thirds of all projected new jobs in STEM fields, making computer science one of the most in-demand college degrees. However, California only had 3,525 computer science graduates in 2014 with only 15 percent female graduates. +(4) There are fewer advanced placement (AP) examinations taken in computer science than in any other STEM subject area. Of the high school pupils in California who took the AP computer science examination in 2015, only 26 percent were female, only 973 were Latino, and only 148 were African American. Only 242 schools in California, or 16 percent of California schools with AP programs, offered the AP computer science course in the 2013–14 school year. +(5) President Obama’s Computer Science for All initiative builds on the momentum at the state and local level. The President’s upcoming budget proposes funding for the United States Department of Education, available over three years, for states to increase access to computer science education in elementary and secondary education classrooms. Under the program, states would submit comprehensive five-year “Computer Science for All” plans in order to be eligible for federal funding, and every state with a well-designed strategy would receive funds. In addition to state-level grants, the budget will also dedicate funds for competitive grants specifically for leading districts to execute ambitious computer science education expansion efforts for all pupils, including traditionally underrepresented pupils, with those efforts to serve as models for national replication. +(6) However, access to computer science education for all pupils is still a challenge, especially for underrepresented communities. Only one out of four K–12 schools teaches any computer science, leaving 75 percent of pupils today without the opportunity to develop skills that could help them thrive in the future. +(7) Exposure to computer science at a young age has the potential to address the diversity gap in computer science fields. Girls who take AP computer science in high school are 10 times more likely to major in computer science in college. African American and Latino pupils who take this course in high school are over seven times more likely to major in this field. +(8) A Google-Gallup survey found that nine out of 10 parents say they want computer science taught in their schools, and the majority of parents and teachers believe it should be required learning for 21st century pupils. +(9) Computer science has often been confused with broader technology education in schools. California should adopt distinct standards for computer science focused on both the creation and use of software and computing technologies at all levels of K–12 education. +(b) It is the intent of the Legislature that all pupils in kindergarten and grades 1 to 12, inclusive, have access to computer science education, with a strong focus on pupils underrepresented in computer science, including girls, low-income and underserved school districts, and rural and urban school districts. +(c) It is the intent of the Legislature that the only predetermined outcome be to increase access to computer science in California schools and to account for disparate views as recommendations are provided. +SEC. 2. +Chapter 19 (commencing with Section 53310) is added to Part 28 of Division 4 of Title 2 of the Education Code, to read: +CHAPTER 19. Computer Science Strategic Implementation Plan +53310. +(a) On or before September 1, 2017, the Superintendent shall convene a computer science strategic implementation advisory panel to develop recommendations for a computer science strategic implementation plan. The advisory panel shall hold public meetings, post the location and time of the meetings, and post agendas online. Members of the advisory panel shall possess expertise in computer science. +(b) The advisory panel shall consist of, but not necessarily be limited to, the following members: +(1) The Superintendent or his or her designee, who shall serve as cochair of the advisory panel. +(2) A representative of the Governor, who shall serve as cochair of the advisory panel. +(3) A representative designated by the Senate Committee on Rules. +(4) A representative designated by the Speaker of the Assembly. +(5) (A) Six K–12 teacher representatives, designated by the Superintendent. +(B) It is the intent of the Legislature that these representatives include two elementary school teachers, two middle school teachers, and two high school teachers who are all currently teaching. +(C) It is further the intent of the Legislature that these representatives include one teacher from a large urban school district and one from a rural school district. +(6) A representative representing the Commission on Teacher Credentialing. +(7) A credentialed teacher representing the Computer Science Teachers Association. +(8) A representative of the private sector technology industry, designated by the Superintendent. +(9) A faculty member from the University of California. +(10) A faculty member from the California State University. +(11) A faculty member from the California Community Colleges. +(12) A faculty member from a private postsecondary educational institution, designated by the Superintendent. +(13) A credentialed teacher from the Instructional Quality Commission. +(14) A representative from an equity-focused organization knowledgeable of computer science/STEM education programs, designated by the Superintendent. +(15) A representative from a parent organization, designated by the Superintendent. +(16) A representative representing school administrators and superintendents, designated by the Superintendent. +(17) A pupil enrolled in a public school, designated by the Superintendent. +(18) A representative from a county office of education, designated by the Superintendent. +(c) Administrators from the University of California, the California State University, and the California Community Colleges may serve as advisers to the advisory panel to provide input on the computer science strategic implementation plan. +53311. +(a) On or before July 1, 2018, the computer science strategic implementation advisory panel shall submit recommendations for a computer science strategic implementation plan to the department, the state board, and the Legislature that includes, at a minimum, recommendations on all of the following: +(1) Broadening the pool of teachers to teach computer science. These recommendations may provide, among other things, for the following: +(A) Providing training and professional development for education in computer science pursuant to Section 60605.4. +(B) Creating a teacher certification pathway in computer science. +(C) Expanding scholarship eligibility and loan forgiveness programs for computer science teachers in low-income and underserved school districts and rural and urban school districts. +(2) Defining computer science education principles that meet the needs of pupils in kindergarten and grades 1 to 12, inclusive. +(3) Ensuring that all pupils have access to quality computer science courses. These recommendations may provide, among other things, for the following: +(A) Scaling up computer science education coursework so that all high schools teach at least one computer science course. +(B) Providing access to computer science in both college and career pathways. +(C) Ensuring school districts have adequate broadband connectivity and infrastructure and access to hardware and software. This may include, but is not limited to, the development of grant programs that prioritize high-need school districts. +(D) Removing local policy and regulatory barriers that local educational agencies face when implementing computer science education. +(E) Increasing the participation of pupils traditionally underrepresented in computer science education. +(b) The recommendations shall be submitted to the Legislature in conformance with Section 9795 of the Government Code. +(c) Upon completion of the recommendations for a computer science strategic implementation plan, the computer science strategic implementation advisory panel established pursuant to Section 53310 shall cease to exist. +53312. +(a) The Superintendent shall appoint a statewide computer science liaison within the department to serve the computer science strategic implementation advisory panel, including, but not limited to, in the following actions: +(1) Coordinating the efforts of the advisory panel by writing up the recommendations of the advisory panel members and disseminating them to all stakeholders. +(2) Soliciting input and public comments. +(3) Preparing the necessary legislative reports to share the advisory panel’s recommendations. +(4) Ensuring that the advisory panel’s recommendations adopted by the state board are implemented. +(b) The duration of the liaison’s role shall only be for a limited period of time subsequent to the adoption by the state board of academic content standards in computer science and the curriculum framework for computer science in order to provide technical assistance and support to local educational agencies in commencing implementation of the computer science academic content standards and curriculum framework. +53313. +The department and state board shall consider the recommendations submitted by the computer science strategic implementation advisory panel pursuant to Section 53311. The department shall develop, and the state board shall adopt, a computer science strategic implementation plan on or before January 1, 2019. The department shall submit the plan adopted by the state board to the Legislature in conformance with Section 9795 of the Government Code on or before January 1, 2019. +53314. +If state or federal funds are not available or sufficient for purposes of this chapter, the computer science strategic implementation advisory panel may evaluate the process and ability to accept grants and receive donations and other financial support from public or private sources for purposes of convening the advisory panel, preparing the computer science strategic implementation plan, and ensuring that the computer science strategic implementation plan adopted by the state board is implemented. +53315. +This chapter shall become inoperative on July 31, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed.","Existing law requires the Instructional Quality Commission, on or before July 31, 2019, to consider developing and recommending to the State Board of Education computer science content standards for kindergarten and grades 1 to 12, inclusive, pursuant to recommendations developed by a group of computer science experts convened by the Superintendent of Public Instruction in consultation with the state board. +This bill would require the Superintendent to convene, on or before September 1, 2017, a computer science strategic implementation advisory panel composed of 23 members, as specified, to develop and submit recommendations for a computer science strategic implementation plan to the State Department of Education, the state board, and the Legislature on or before July 1, 2018. The bill would require the department and the state board to consider the advisory panel’s recommendations; the department to develop, and the state board to adopt, a computer science strategic implementation plan on or before January 1, 2019; and the department to submit the plan adopted by the state board to the Legislature on or before January 1, 2019. The bill would require the Superintendent to appoint a statewide computer science liaison to serve the advisory panel, as provided. The bill would authorize the advisory panel, if state or federal funds are not available or sufficient for purposes of these provisions, to evaluate the process and ability to accept grants and receive donations and other financial support from public or private sources for purposes of convening the advisory panel, preparing the computer science strategic implementation plan, and ensuring that the computer science strategic implementation plan adopted by the state board is implemented. The bill’s provisions would be repealed on January 1, 2021.","An act to add and repeal Chapter 19 (commencing with Section 53310) of Part 28 of Division 4 of Title 2 of the Education Code, relating to school curriculum." +1082,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10083.2 of the Business and Professions Code is amended to read: +10083.2. +(a) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department. The information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet. +(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538. +(c) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. +SEC. 1.5. +Section 10083.2 of the Business and Professions Code is amended to read: +10083.2. +(a) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department. The information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet. +(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538. +(c) Upon petition by a licensee accompanied by a fee sufficient to defray costs associated with consideration of a petition, the commissioner may remove from the posting of discipline described in subdivision (a) an item that has been posted on the bureau’s Internet Web site for no less than 10 years and for which the licensee provides evidence of rehabilitation indicating that the notice is no longer required in order to prevent a credible risk to members of the public utilizing licensed activity of the licensee. In evaluating a petition, the Commissioner shall take into consideration other violations that present a credible risk to the members of the public since the posting of discipline requested for removal. +(d) The bureau may develop, through regulations, the amount of the fee and the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation pursuant to Section 482. +(e) “Posted” for purposes of this section is defined as the date of disciplinary action taken by the bureau. +(f) The petition process described by subdivisions (c) and (d) shall commence January 1, 2018. +(g) The bureau shall maintain a list of all licensees whose disciplinary records are altered as a result of a petition approved under subdivision (c). The bureau shall make the list accessible to other licensing bodies. The bureau shall update and provide the list to other licensing bodies as often as it modifies the records displayed on its Internet Web site in response to petitions approved under subdivision (c). +(h) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. +SEC. 2. +Section 10083.2 is added to the Business and Professions Code, to read: +10083.2. +(a) (1) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). +(2) The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department. +(3) The public information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet. +(4) The public information shall also include whether a licensee is an associate licensee within the meaning of subdivision (b) of Section 2079.13 of the Civil Code and, if the associate licensee is a broker, identify each responsible broker with whom the licensee is contractually associated as described in Section 10032 of this code or Section 2079.13 of the Civil Code. +(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538. +(c) This section shall become operative January 1, 2018. +SEC. 2.5. +Section 10083.2 is added to the Business and Professions Code, to read: +10083.2. +(a) (1) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). +(2) The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department. +(3) The public information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet. +(4) The public information shall also include whether a licensee is an associate licensee within the meaning of subdivision (b) of Section 2079.13 of the Civil Code and, if the associate licensee is a broker, identify each responsible broker with whom the licensee is contractually associated as described in Section 10032 of this code or Section 2079.13 of the Civil Code. +(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538. +(c) Upon petition by a licensee accompanied by a fee sufficient to defray costs associated with consideration of a petition, as described in Section 10223, the commissioner may remove from the posting of discipline described in subdivision (a) an item that has been posted on the bureau’s Internet Web site for no less than 10 years and for which the licensee provides evidence of rehabilitation indicating that the notice is no longer required in order to prevent a credible risk to members of the public utilizing licensed activity of the licensee. In evaluating a petition, the commissioner shall take into consideration other violations that present a credible risk to the members of the public since the posting of discipline requested for removal. +(d) The bureau may develop, through regulations, the amount of the fee and the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation pursuant to Section 482. +(e) “Posted” for purposes of this section is defined as the date of disciplinary action taken by the bureau. +(f) The petition process described in subdivisions (c) and (d) shall commence January 1, 2018. +(g) The bureau shall maintain a list of all licensees whose disciplinary records are altered as a result of a petition approved under subdivision (c). The bureau shall make the list accessible to other licensing bodies. The bureau shall update and provide the list to other licensing bodies as often as it modifies the records displayed on its Internet Web site in response to petitions approved under subdivision (c). +(h) This section shall become operative January 1, 2018. +SEC. 3. +Section 10161.8 of the Business and Professions Code is amended to read: +10161.8. +(a) Whenever a real estate salesman enters the employ of a real estate broker, the broker shall immediately notify the commissioner thereof in writing. +(b) Whenever employment of a real estate salesman is terminated, the broker shall immediately notify the commissioner thereof in writing. +(c) Whenever a licensee acquires a business address different from the address shown on his license he shall mark out the former address on the face of the license and type or write the new main office address in ink on the reverse side, and date and initial same. +(d) Whenever a real estate salesman enters the employ of a new real estate broker he shall mark out the name of his former broker on the face of the license and type or write the name of the new employing broker in ink on the reverse side, and date and initial same. +(e) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. +SEC. 4. +Section 10161.8 is added to the Business and Professions Code, to read: +10161.8. +(a) Whenever a real estate salesperson or broker acting as a salesperson enters the employ of a real estate broker, the responsible broker shall immediately notify the commissioner thereof in writing. +(b) Whenever employment of a real estate salesperson or broker acting as a salesperson is terminated, the responsible broker shall immediately notify the commissioner of that termination in writing. +(c) Whenever a licensee acquires a business address different from the address shown on his or her license the licensee shall mark out the former address on the face of the license and type or write the new main office address in ink on the reverse side, and date and initial the same. +(d) Whenever a real estate salesperson enters the employ of a new real estate broker the salesperson shall mark out the name of his or her former broker on the face of the license and type or write the name of the new employing broker in ink on the reverse side, and date and initial the same. +(e) This section shall become operative January 1, 2018. +SEC. 5. +Sections 1.5 and 2.5 of this bill incorporate changes to Section 10083.2 of the Business and Professions Code proposed by both this bill and Assembly Bill 1807. Those sections shall become operative only if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 10083.2 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 1807, in which case Sections 1 and 2 of this bill shall not become operative. +SEC. 6. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Real Estate Law provides for the licensure and regulation of real estate brokers and real estate salespersons by the Bureau of Real Estate headed by the Real Estate Commissioner. Existing law requires the commissioner to provide on the Internet specific information regarding the status of every license issued by the department. That law requires a real estate broker to immediately notify the commissioner in writing whenever a real estate salesperson enters the employ of or is terminated by that real estate broker. That law makes a willful or knowing violation of any if its provisions punishable as a misdemeanor. +This bill would, beginning January 1, 2018, require that information to include whether a licensee is an associate licensee and, if the associate licensee is a broker, to identify each responsible broker with whom the licensee is contractually associated. This bill would additionally require a real estate broker to immediately notify the commissioner in writing whenever a real estate broker acting as a salesperson enters the employ of or is terminated by the responsible real estate broker and would make certain nonsubstantive changes. By placing a new requirement on a real estate broker to report to the commissioner regarding the employment or termination of a real estate broker acting as a salesperson, this bill would expand an existing crime. +This bill would incorporate additional changes in Section 10083.2 of the Business and Professions Code, proposed by AB 1807, that would become operative only if AB 1807 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend, repeal, and add Sections 10083.2 and 10161.8 of the Business and Professions Code, relating to real estate licensees." +1083,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1632 of the Business and Professions Code is amended to read: +1632. +(a) The board shall require each applicant to successfully complete the Part I and Part II written examinations of the National Board Dental Examination of the Joint Commission on National Dental Examinations. +(b) The board shall require each applicant to successfully complete an examination in California law and ethics developed and administered by the board. The board shall provide a separate application for this examination. The board shall ensure that the law and ethics examination reflects current law and regulations, and ensure that the examinations are randomized. Applicants shall submit this application and required fee to the board in order to take this examination. In addition to the aforementioned application, the only other requirement for taking this examination shall be certification from the dean of the qualifying dental school attended by the applicant that the applicant has graduated, or will graduate, or is expected to graduate. Applicants who submit completed applications and certification from the dean at least 15 days prior to a scheduled examination shall be scheduled to take the examination. Successful results of the examination shall, as established by board regulation, remain valid for two years from the date that the applicant is notified of having passed the examination. +(c) Except as otherwise provided in Section 1632.5, the board shall require each applicant to have taken and received a passing score on one of the following: +(1) A portfolio examination of the applicant’s competence to enter the practice of dentistry. This examination shall be conducted while the applicant is enrolled in a dental school program at a board-approved school located in California. This examination shall utilize uniform standards of clinical experiences and competencies, as approved by the board pursuant to Section 1632.1. The applicant shall pass a final assessment of the submitted portfolio at the end of his or her dental school program. Before any portfolio assessment may be submitted to the board, the applicant shall remit the required fee to the board to be deposited into the State Dentistry Fund, and a letter of good standing signed by the dean of his or her dental school or his or her delegate stating that the applicant has graduated or will graduate with no pending ethical issues. +(A) The portfolio examination shall not be conducted until the board adopts regulations to carry out this paragraph. The board shall post notice on its Internet Web site when these regulations have been adopted. +(B) The board shall also provide written notice to the Legislature and the Legislative Counsel when these regulations have been adopted. +(2) Either one of the following examinations: +(A) A clinical and written examination administered by the Western Regional Examining Board. +(B) The clinical and written examination developed by the American Board of Dental Examiners, Inc. +(d) Notwithstanding subdivision (b) of Section 1628, the board is authorized to do either of the following: +(1) Approve an application for examination from, and to examine an applicant who is enrolled in, but has not yet graduated from, a reputable dental school approved by the board. +(2) Accept the results of an examination described in paragraph (2) of subdivision (c) submitted by an applicant who was enrolled in, but had not graduated from, a reputable dental school approved by the board at the time the examination was administered. +In either case, the board shall require the dean of that school or his or her delegate to furnish satisfactory proof that the applicant will graduate within one year of the date the examination was administered or as provided in paragraph (1) of subdivision (c). +(e) The board may determine the testing format, as related to patients, for the examination provided pursuant to subparagraph (B) of paragraph (2) of subdivision (c). +SEC. 1.5. +Section 1632 of the Business and Professions Code is amended to read: +1632. +(a) The board shall require each applicant to successfully complete the written examination of the National Board Dental Examination of the Joint Commission on National Dental Examinations. +(b) The board shall require each applicant to successfully complete an examination in California law and ethics developed and administered by the board. The board shall provide a separate application for this examination. The board shall ensure that the law and ethics examination reflects current law and regulations, and ensure that the examinations are randomized. Applicants shall submit this application and required fee to the board in order to take this examination. In addition to the aforementioned application, the only other requirement for taking this examination shall be certification from the dean of the qualifying dental school attended by the applicant that the applicant has graduated, or will graduate, or is expected to graduate. Applicants who submit completed applications and certification from the dean at least 15 days prior to a scheduled examination shall be scheduled to take the examination. Successful results of the examination shall, as established by board regulation, remain valid for two years from the date that the applicant is notified of having passed the examination. +(c) Except as otherwise provided in Section 1632.5, the board shall require each applicant to have taken and received a passing score on one of the following: +(1) A portfolio examination of the applicant’s competence to enter the practice of dentistry. This examination shall be conducted while the applicant is enrolled in a dental school program at a board-approved school located in California. This examination shall utilize uniform standards of clinical experiences and competencies, as approved by the board pursuant to Section 1632.1. The applicant shall pass a final assessment of the submitted portfolio at the end of his or her dental school program. Before any portfolio assessment may be submitted to the board, the applicant shall remit the required fee to the board to be deposited into the State Dentistry Fund, and a letter of good standing signed by the dean of his or her dental school or his or her delegate stating that the applicant has graduated or will graduate with no pending ethical issues. +(A) The portfolio examination shall not be conducted until the board adopts regulations to carry out this paragraph. The board shall post notice on its Internet Web site when these regulations have been adopted. +(B) The board shall also provide written notice to the Legislature and the Legislative Counsel when these regulations have been adopted. +(2) Either one of the following examinations: +(A) A clinical and written examination administered by the Western Regional Examining Board. +(B) The clinical and written examination developed by the American Board of Dental Examiners, Inc. +(d) Notwithstanding subdivision (b) of Section 1628, the board is authorized to do either of the following: +(1) Approve an application for examination from, and to examine an applicant who is enrolled in, but has not yet graduated from, a reputable dental school approved by the board. +(2) Accept the results of an examination described in paragraph (2) of subdivision (c) submitted by an applicant who was enrolled in, but had not graduated from, a reputable dental school approved by the board at the time the examination was administered. +In either case, the board shall require the dean of that school or his or her delegate to furnish satisfactory proof that the applicant will graduate within one year of the date the examination was administered or as provided in paragraph (1) of subdivision (c). +(e) The board may determine the testing format, as related to patients, for the examination provided pursuant to subparagraph (B) of paragraph (2) of subdivision (c). +SEC. 2. +Section 1632.55 is added to the Business and Professions Code, to read: +1632.55. +(a) Prior to implementation of subparagraph (B) of paragraph (2) of subdivision (c) of Section 1632, the department’s Office of Professional Examination Services shall review the American Board of Dental Examiners, Inc. examination to ensure compliance with the requirements of Section 139 and to certify that the examination process meets those standards, and deliver this review to the Dental Board of California. If the department determines that the examination process fails to meet those standards, does not deliver the review to the Dental Board of California, or if the American Board of Dental Examiners, Inc. fails to pay the costs and expenses the board incurs, as described in subdivision (d), subparagraph (B) of paragraph (2) of subdivision (c) of Section 1632 shall not be implemented. +(b) The American Board of Dental Examiners, Inc. examination process shall be regularly reviewed by the department pursuant to Section 139. +(c) The American Board of Dental Examiners, Inc. examination shall meet the mandates of subdivision (a) of Section 12944 of the Government Code. +(d) The American Board of Dental Examiners, Inc. shall pay all reasonable costs and expenses the board incurs for the purposes of implementing this section. +(e) The American Board of Dental Examiners, Inc. examination may only be accepted for licensure by a candidate after it is determined that the examination has met the requirements of this section. Examinations taken prior to that date may not be used for licensure. +SEC. 3. +Section 1632.7 is added to the Business and Professions Code, to read: +1632.7. +The Department of Finance may accept funds pursuant to Sections 11005.1 and 16302 of the Government Code for the purposes of reviewing and analyzing the examination developed by the American Board of Dental Examiners, Inc., as described in Section 1632.55. +SEC. 4. +Section 1.5 of this bill incorporates amendments to Section 1632 of the Business and Professions Code proposed by both this bill and Senate Bill 1478. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1632 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1478, in which case Section 1 of this bill shall not become operative.","The Dental Practice Act provides for the licensure and regulation of dentists and associated professions by the Dental Board of California within the Department of Consumer Affairs. The act requires each applicant for a license to practice dentistry to successfully complete specified examinations, including receiving a passing score on either a portfolio examination, as specified, or a clinical and written examination administered by the Western Regional Examining Board, which determines the passing score for that examination. +This bill would additionally allow an applicant to satisfy that examination requirement by receiving a passing score on the clinical and written examination developed by the American Board of Dental Examiners, Inc., subject to prior review and approval of the examination by the Office of Professional Examination Services, as provided, delivery of this review to the Dental Board of California, and payment of specified expenses incurred by the board. +Existing law authorizes the Director of Finance to accept on behalf of the state any gift of real or personal property whenever he or she deems the gift and the terms and conditions thereof to be in the best interest of the state. Existing law establishes the Special Deposit Fund, a continuously appropriated fund, which consists of money that is paid into it in trust pursuant to law when no other fund has been created to receive that money. +This bill would authorize the Department of Finance to accept funds for the purposes of reviewing and analyzing the dental examination developed by the American Board of Dental Examiners, Inc., described above. Because these funds would be deposited in the Special Deposit Fund, a continuously appropriated fund, this bill would make an appropriation. +This bill would incorporate additional changes to Section 1632 of the Business and Professions Code proposed by SB 1478 that would become operative if this bill and SB 1478 are enacted and this bill is enacted last.","An act to amend Section 1632 of, and to add Sections 1632.55 and 1632.7 to, the Business and Professions Code, relating to dentistry, and making an appropriation therefor." +1084,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 490.5 of the Penal Code is amended to read: +490.5. +(a) Upon a first conviction for petty theft involving merchandise taken from a merchant’s premises or a book or other library materials taken from a library facility, a person shall be punished by a mandatory fine of not less than fifty dollars ($50) and not more than one thousand dollars ($1,000) for each +such +violation; and may also be punished by imprisonment in the county jail, not exceeding six months, or both +such +that +fine and imprisonment. +(b) +When +If +an unemancipated minor’s willful conduct would constitute petty theft involving merchandise taken from a merchant’s premises or a book or other library materials taken from a library facility, +any +a +merchant or library facility +who +that +has been injured by that conduct may bring a civil action against the parent or legal guardian having control and custody of the minor. For the purposes of those actions the misconduct of the unemancipated minor shall be imputed to the parent or legal guardian having control and custody of the minor. The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this subdivision shall be jointly and severally liable with the minor to a merchant or to a library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the parent or legal guardian shall be jointly and severally liable with the minor to the merchant for the retail value of the merchandise if it is not recovered in a merchantable condition, or to a library facility for the fair market value of its book or other library materials. Recovery of these damages may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of that court, or in any other appropriate court; however, total damages, including the value of the merchandise or book or other library materials, shall not exceed five hundred dollars ($500) for each action brought under this section. +The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies, except that the provisions of Section 1714.1 of the Civil Code shall not apply herein. +(c) +When +If +an adult or emancipated minor has unlawfully taken merchandise from a merchant’s premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise if it is not recovered in merchantable condition, or to a library facility for the fair market value of its book or other library materials. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies. +(d) In lieu of the fines prescribed by subdivision (a), any person may be required to perform public services designated by the court, provided that in no event shall any +such +person be required to perform less than the number of hours of +such +public service necessary to satisfy the fine assessed by the court as provided by subdivision (a) at the minimum wage prevailing in the state at the time of sentencing. +(e) All fines collected under this section shall be collected and distributed in accordance with Sections 1463 and 1463.1 of the Penal Code; provided, however, that a county may, by a majority vote of the members of its board of supervisors, allocate any amount up to, but not exceeding 50 percent of such fines to the county superintendent of schools for allocation to local school districts. The fines allocated shall be administered by the county superintendent of schools to finance public school programs, which provide counseling or other educational services designed to discourage shoplifting, theft, and burglary. Subject to rules and regulations +as may be +adopted by the Superintendent of Public Instruction, each county superintendent of schools shall allocate +such +funds to school districts within the county +which +that +submit project applications designed to further the educational purposes of this section. The costs of administration of this section by each county superintendent of schools shall be paid from the funds allocated to the county superintendent of schools. +(f) (1) A merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant’s premises. +A theater owner may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the theater owner has probable cause to believe the person to be detained is attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater. +A person employed by a library facility may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the person employed by a library facility has probable cause to believe the person to be detained is attempting to unlawfully remove or has unlawfully removed books or library materials from the premises of the library facility. +(2) In making the detention a merchant, theater owner, or a person employed by a library facility may use a reasonable amount of nondeadly force necessary to protect himself or herself and to prevent escape of the person detained or the loss of tangible or intangible property. +(3) During the period of detention any items +which +that +a merchant or theater owner, or any items +which +that +a person employed by a library facility has probable cause to believe are unlawfully taken from the premises of the merchant or library facility, or recorded on theater premises, and +which +that +are in plain view may be examined by the merchant, theater owner, or person employed by a library facility for the purposes of ascertaining the ownership thereof. +(4) A merchant, theater owner, a person employed by a library facility, or an agent thereof, having probable cause to believe the person detained was attempting to unlawfully take or has taken any item from the premises, or was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater, may request the person detained to voluntarily surrender the item or recording. Should the person detained refuse to surrender the recording or item of which there is probable cause to believe has been recorded on or unlawfully taken from the premises, or attempted to be recorded or unlawfully taken from the premises, a limited and reasonable search may be conducted by those authorized to make the detention in order to recover the item. Only packages, shopping bags, handbags or other property in the immediate possession of the person detained, but not including any clothing worn by the person, may be searched pursuant to this subdivision. Upon surrender or discovery of the item, the person detained may also be requested, but may not be required, to provide adequate proof of his or her true identity. +(5) If any person admitted to a theater in which a motion picture is to be or is being exhibited, refuses or fails to give or surrender possession or to cease operation of any video recording device that the person has brought into or attempts to bring into that theater, then a theater owner shall have the right to refuse admission to that person or request that the person leave the premises and shall thereupon offer to refund and, unless that offer is refused, refund to that person the price paid by that person for admission to that theater. If the person thereafter refuses to leave the theater or cease operation of the video recording device, then the person shall be deemed to be intentionally interfering with and obstructing those attempting to carry on a lawful business within the meaning of Section 602.1. +(6) A peace officer who accepts custody of a person arrested for an offense contained in this section may, subsequent to the arrest, search the person arrested and his or her immediate possessions for any item or items alleged to have been taken. +(7) In any civil action brought by any person resulting from a detention or arrest by a merchant, it shall be a defense to +such +the +action that the merchant detaining or arresting +such +the +person had probable cause to believe that the person had stolen or attempted to steal merchandise and that the merchant acted reasonably under all the circumstances. +In any civil action brought by any person resulting from a detention or arrest by a theater owner or person employed by a library facility, it shall be a defense to that action that the theater owner or person employed by a library facility detaining or arresting that person had probable cause to believe that the person was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater or had stolen or attempted to steal books or library materials and that the person employed by a library facility acted reasonably under all the circumstances. +(g) As used in this section: +(1) “Merchandise” means any personal property, capable of manual delivery, displayed, held or offered for retail sale by a merchant. +(2) “Merchant” means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any premises used for the retail purchase or sale of any personal property capable of manual delivery. +(3) “Theater owner” means an owner or operator, and the agent, employee, consignee, lessee, or officer of an owner or operator, of any premises used for the exhibition or performance of motion pictures to the general public. +(4) The terms “book or other library materials” include any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual material in any format, magnetic or other tape, electronic data-processing record, artifact, or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, on loan to, or otherwise in the custody of a library facility. +(5) The term “library facility” includes any public library; any library of an educational, historical or eleemosynary institution, organization or society; any museum; any repository of public records. +(h) Any library facility shall post at its entrance and exit a conspicuous sign to read as follows: + +“IN ORDER TO PREVENT THE THEFT OF BOOKS AND LIBRARY MATERIALS, STATE LAW AUTHORIZES THE DETENTION FOR A REASONABLE PERIOD OF ANY PERSON USING THESE FACILITIES SUSPECTED OF COMMITTING “LIBRARY THEFT” (PENAL CODE SECTION 490.5).” + +(i) Nothing in this section nor any other provision of law precludes a merchant from offering a person suspected of theft an opportunity to complete a precomplaint diversion program in lieu of arrest and criminal prosecution or precludes a merchant from informing a person suspected of theft of the criminal or civil remedies available to the merchant. +SECTION 1. +Section 4030 of the +Penal Code +is amended to read: +4030. +(a)(1)The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout California. Consequently, some people have been arbitrarily subjected to unnecessary strip and body cavity searches after arrests for minor misdemeanor and infraction offenses. Some present search practices violate state and federal constitutional rights to privacy and freedom from unreasonable searches and seizures. +(2)It is the intent of the Legislature in enacting this section to protect the state and federal constitutional rights of the people of California by establishing a statewide policy strictly limiting strip and body cavity searches. +(b)The provisions of this section shall apply only to prearraignment detainees arrested for infraction or misdemeanor offenses and to any minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code alleged to have committed a misdemeanor or infraction offense. The provisions of this section shall not apply to a person in the custody of the Secretary of the Department of Corrections and Rehabilitation or the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation. +(c)As used in this section, the following definitions shall apply: +(1)“Body cavity” only means the stomach or rectal cavity of a person, and vagina of a female person. +(2)“Physical body cavity search” means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity. +(3)“Strip search” means a search which requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of that person. +(4)“Visual body cavity search” means visual inspection of a body cavity. +(d)Notwithstanding any other law, including Section 40304.5 of the Vehicle Code, if a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell. +(e)A person who is arrested and held in custody on a misdemeanor or infraction offense, except those involving weapons, controlled substances, or violence, or a minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601 or 602 of the Welfare and Institutions Code, except for those minors alleged to have committed felonies or offenses involving weapons, controlled substances, or violence, shall not be subjected to a strip search or visual body cavity search prior to placement in the general jail population, unless a peace officer has determined there is reasonable suspicion, based on specific and articulable facts, to believe that person is concealing a weapon or contraband, and a strip search will result in the discovery of the weapon or contraband. A strip search or visual body cavity search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty. The authorization shall include the specific and articulable facts and circumstances upon which the reasonable suspicion determination was made by the supervisor. +(f)(1)Except pursuant to the provisions of paragraph (2), a person arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances, or violence, shall not be confined in the general jail population unless all of the following are true: +(A)The person is not cited and released. +(B)The person is not released on his or her own recognizance pursuant to Article 9 (commencing with Section 1318) of Chapter 1 of Title 10 of Part 2. +(C)The person is not able to post bail within a reasonable time, not less than three hours. +(2)A person shall not be housed in the general jail population prior to release pursuant to the provisions of paragraph (1) unless a documented emergency exists and there is no reasonable alternative to that placement. The person shall be placed in the general population only upon prior written authorization documenting the specific facts and circumstances of the emergency. The written authorization shall be signed by the uniformed supervisor of the facility or by a uniformed watch commander. A person confined in the general jail population pursuant to paragraph (1) shall retain all rights to release on citation, his or her own recognizance, or bail that were preempted as a consequence of the emergency. +(g)A person who is arrested on a misdemeanor or infraction offense, or a minor described in subdivision (b), shall not be subjected to a physical body cavity search except under the authority of a search warrant issued by a magistrate specifically authorizing the physical body cavity search. +(h)A copy of the prior written authorization required by subdivisions (e) and (f) and the search warrant required by subdivision (g) shall be placed in the agency’s records and made available, on request, to the person searched or his or her authorized representative. With regard to a strip search or visual or physical body cavity search, the time, date, and place of the search, the name and sex of the person conducting the search, and a statement of the results of the search, including a list of items removed from the person searched, shall be recorded in the agency’s records and made available, upon request, to the person searched or his or her authorized representative. +(i)Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched. +(j)A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II licensed to practice in this state. A physician engaged in providing health care to detainees and inmates of the facility may conduct physical body cavity searches. +(k)A person conducting or otherwise present or within sight of the inmate during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel. +(l)All strip, visual, and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted. +(m)A person who knowingly and willfully authorizes or conducts a strip search or visual or physical body cavity search in violation of this section is guilty of a misdemeanor. +(n)This section does not limit the common law or statutory rights of a person regarding an action for damages or injunctive relief, or preclude the prosecution under another law of a peace officer or other person who has violated this section. +(o)Any person who suffers damage or harm as a result of a violation of this section may bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorney’s fees.","Existing law makes petty theft involving merchandise taken from a merchant’s premises punishable by a fine of not less than $50 and not more than $1,000, and imprisonment in the county jail not exceeding 6 months. +This bill would provide that nothing in that section or any other law precludes a merchant from offering a person suspected of theft an opportunity to complete a precomplaint diversion program in lieu of arrest and criminal prosecution, or informing a person suspected of theft of the criminal civil remedies available to the merchant. +Existing law generally prohibits strip searches and body cavity searches of prearraignment detainees arrested for infraction or misdemeanor offenses. Existing law allows a person who has been arrested and taken into custody to be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell. +This bill would make technical, nonsubstantive changes to those provisions.","An act to amend Section +4030 +490.5 +of the Penal Code, relating to +jails. +theft." +1085,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 13172.6 is added to the Water Code, to read: +13172.6. +(a) On or before June 1, 2017, the state board and the Department of Fish and Wildlife shall report to the Legislature on the status of the suction dredge permitting program established by Chapter 680 of the Statutes of 2015 and include at least all of the following information: +(1) The number or amount of permits issued statewide. +(2) The cost of permits and associated fees. +(3) The requirements and process for an individual to proceed with obtaining waste discharge requirements or a waiver of waste discharge requirements pursuant to Section 13172.5 and a permit pursuant to Section 5653 of the Fish and Game Code. +(4) A discussion of the public workshops conducted pursuant to subdivision (c) of Section 13172.5. +(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. +(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on June 1, 2021. +SECTION 1. +Section 13260 of the +Water Code +is amended to read: +13260. +(a)Each of the following persons shall file with the appropriate regional board a report of the discharge, containing the information that may be required by the regional board: +(1)A person discharging waste, or proposing to discharge waste, within any region that could affect the quality of the waters of the state, other than into a community sewer system. +(2)A person who is a citizen, domiciliary, or political agency or entity of this state discharging waste, or proposing to discharge waste, outside the boundaries of the state in a manner that could affect the quality of the waters of the state within any region. +(3)A person operating, or proposing to construct, an injection well. +(b)A report of waste discharge is not required to be filed pursuant to subdivision (a) if the requirement is waived pursuant to Section 13269. +(c)Each person subject to subdivision (a) shall file with the appropriate regional board a report of waste discharge relative to any material change or proposed change in the character, location, or volume of the discharge. +(d)(1)(A)Each person who is subject to subdivision (a) or (c) shall submit an annual fee according to a fee schedule established by the state board. +(B)The total amount of annual fees collected pursuant to this section shall equal that amount necessary to recover costs incurred in connection with the issuance, administration, reviewing, monitoring, and enforcement of waste discharge requirements and waivers of waste discharge requirements. +(C)Recoverable costs may include, but are not limited to, costs incurred in reviewing waste discharge reports, prescribing terms of waste discharge requirements and monitoring requirements, enforcing and evaluating compliance with waste discharge requirements and waiver requirements, conducting surface water and groundwater monitoring and modeling, analyzing laboratory samples, adopting, reviewing, and revising water quality control plans and state policies for water quality control, and reviewing documents prepared for the purpose of regulating the discharge of waste, and administrative costs incurred in connection with carrying out these actions. +(D)In establishing the amount of a fee that may be imposed on a confined animal feeding and holding operation pursuant to this section, including, but not limited to, a dairy farm, the state board shall consider all of the following factors: +(i)The size of the operation. +(ii)Whether the operation has been issued a permit to operate pursuant to Section 1342 of Title 33 of the United States Code. +(iii)Any applicable waste discharge requirement or conditional waiver of a waste discharge requirement. +(iv)The type and amount of discharge from the operation. +(v)The pricing mechanism of the commodity produced. +(vi)Any compliance costs borne by the operation pursuant to state and federal water quality regulations. +(vii)Whether the operation participates in a quality assurance program certified by a regional water quality control board, the state board, or a federal water quality control agency. +(2)(A)Subject to subparagraph (B), the fees collected pursuant to this section shall be deposited in the Waste Discharge Permit Fund, which is hereby created. The money in the fund is available for expenditure by the state board, upon appropriation by the Legislature, solely for the purposes of carrying out this division. +(B)(i)Notwithstanding subparagraph (A), the fees collected pursuant to this section from stormwater dischargers that are subject to a general industrial or construction stormwater permit under the national pollutant discharge elimination system (NPDES) shall be separately accounted for in the Waste Discharge Permit Fund. +(ii)Not less than 50 percent of the money in the Waste Discharge Permit Fund that is separately accounted for pursuant to clause (i) is available, upon appropriation by the Legislature, for expenditure by the regional board with jurisdiction over the permitted industry or construction site that generated the fee to carry out stormwater programs in the region. +(iii)Each regional board that receives money pursuant to clause (ii) shall spend not less than 50 percent of that money solely on stormwater inspection and regulatory compliance issues associated with industrial and construction stormwater programs. +(3)A person who would be required to pay the annual fee prescribed by paragraph (1) for waste discharge requirements applicable to discharges of solid waste, as defined in Section 40191 of the Public Resources Code, at a waste management unit that is also regulated under Division 30 (commencing with Section 40000) of the Public Resources Code, shall be entitled to a waiver of the annual fee for the discharge of solid waste at the waste management unit imposed by paragraph (1) upon verification by the state board of payment of the fee imposed by Section 48000 of the Public Resources Code, and provided that the fee established pursuant to Section 48000 of the Public Resources Code generates revenues sufficient to fund the programs specified in Section 48004 of the Public Resources Code and the amount appropriated by the Legislature for those purposes is not reduced. +(e)Each person that discharges waste in a manner regulated by this section shall pay an annual fee to the state board. The state board shall establish, by regulation, a timetable for the payment of the annual fee. If the state board or a regional board determines that the discharge will not affect, or have the potential to affect, the quality of the waters of the state, all or part of the annual fee shall be refunded. +(f)(1)The state board shall adopt, by emergency regulations, a schedule of fees authorized under subdivision (d). The total revenue collected each year through annual fees shall be set at an amount equal to the revenue levels set forth in the Budget Act for this activity. The state board shall automatically adjust the annual fees each fiscal year to conform with the revenue levels set forth in the Budget Act for this activity. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the revenue levels set forth in the Budget Act, the state board may further adjust the annual fees to compensate for the over and under collection of revenue. +(2)The emergency regulations adopted pursuant to this subdivision, any amendment thereto, or subsequent adjustments to the annual fees, shall be adopted by the state board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the state board. +(g)The state board shall adopt regulations setting forth reasonable time limits within which the regional board shall determine the adequacy of a report of waste discharge submitted under this section. +(h)Each report submitted under this section shall be sworn to, or submitted under penalty of perjury. +(i)The regulations adopted by the state board pursuant to subdivision (f) shall include a provision that annual fees shall not be imposed on those who pay fees under the national pollutant discharge elimination system until the time when those fees are again due, at which time the fees shall become due on an annual basis. +(j)A person operating or proposing to construct an oil, gas, or geothermal injection well subject to paragraph (3) of subdivision (a) shall not be required to pay a fee pursuant to subdivision (d) if the injection well is regulated by the Division of Oil, Gas, and Geothermal Resources of the Department of Conservation, in lieu of the appropriate California regional water quality control board, pursuant to the memorandum of understanding, entered into between the state board and the Department of Conservation on May 19, 1988. This subdivision shall remain operative until the memorandum of understanding is revoked by the state board or the Department of Conservation. +(k)In addition to the report required by subdivision (a), before a person discharges mining waste, the person shall first submit both of the following to the regional board: +(1)A report on the physical and chemical characteristics of the waste that could affect its potential to cause pollution or contamination. The report shall include the results of all tests required by regulations adopted by the board, any test adopted by the Department of Toxic Substances Control pursuant to Section 25141 of the Health and Safety Code for extractable, persistent, and bioaccumulative toxic substances in a waste or other material, and any other tests that the state board or regional board may require, including, but not limited to, tests needed to determine the acid-generating potential of the mining waste or the extent to which hazardous substances may persist in the waste after disposal. +(2)A report that evaluates the potential of the discharge of the mining waste to produce, over the long term, acid mine drainage, the discharge or leaching of heavy metals, or the release of other hazardous substances. +(l)Except upon a written request of the regional board, a report of waste discharge need not be filed pursuant to subdivision (a) or (c) by a user of recycled water that is being supplied by a supplier or distributor of recycled water for whom a master recycling permit has been issued pursuant to Section 13523.1.","Existing law prohibits the use of any vacuum or suction dredge equipment by any person in any river, stream, or lake of this state without a permit issued by the Department of Fish and Wildlife. Existing law requires the department to issue a permit if the department determines that the use does not cause any significant effects to fish and wildlife and would authorize the department to adjust the specified fee to an amount sufficient to cover all reasonable costs of the department in regulating suction dredging activities. Existing law authorizes the State Water Resources Control Board or a California regional water quality control board to adopt waste discharge requirements or a waiver of waste discharge requirements that address certain water quality impacts, specify conditions or areas where the discharge of waste or other adverse impacts on beneficial uses of the waters of the state from the use of vacuum or suction dredge equipment is prohibited, or prohibit particular use of, or methods of using, vacuum or suction dredge equipment, or any portion thereof, for the extraction of minerals, that the state board or a regional board determines generally cause or contribute to an exceedance of applicable water quality objectives or unreasonably impact beneficial uses. +This bill would require the state board and the department to report to the Legislature, on or before June 1, 2017, on the status of the suction dredge permitting program. +Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with responsibility for the coordination and control of water quality in the state. The act, with certain exceptions, requires a waste discharger to file certain information with the appropriate regional board and to pay an annual fee. +This bill would make nonsubstantive changes to these provisions.","An act to +amend Section 13260 of +add and repeal Section 13172.6 +of +the Water Code, relating to +water quality. +dredging." +1086,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 230.1 of the Labor Code is amended to read: +230.1. +(a) In addition to the requirements and prohibitions imposed on employees pursuant to Section 230, an employer with 25 or more employees shall not discharge, or in any manner discriminate or retaliate against, an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for any of the following purposes: +(1) To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking. +(2) To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking. +(3) To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking. +(4) To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. +(b) (1) As a condition of taking time off for a purpose set forth in subdivision (a), the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible. +(2) When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. Certification shall be sufficient in the form of any of the categories described in paragraph (2) of subdivision (d) of Section 230. +(3) To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (f) of Section 230, employers shall maintain the confidentiality of any employee requesting leave under subdivision (a). +(c) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for a purpose set forth in subdivision (a) is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief. An employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor. +(d) (1) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has exercised his or her rights as set forth in subdivision (a) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7. +(2) Notwithstanding any time limitation in Section 98.7, an employee may file a complaint with the division based upon a violation of subdivision (a) within one year from the date of occurrence of the violation. +(e) An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in subdivision (a). The entitlement of any employee under this section shall not be diminished by any term or condition of a collective bargaining agreement. +(f) This section does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.). +(g) For purposes of this section: +(1) “Domestic violence” means any of the types of abuse set forth in Section 6211 of the Family Code, as amended. +(2) “Sexual assault” means any of the crimes set forth in Section 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4 of the Penal Code, as amended. +(3) “Stalking” means a crime set forth in Section 646.9 of the Penal Code or Section 1708.7 of the Civil Code. +(h) (1) Employers shall inform each employee of his or her rights established under this section and subdivisions (c), (e), and (f) of Section 230 in writing. The information shall be provided to new employees upon hire and to other employees upon request. +(2) The Labor Commissioner shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall set forth the rights and duties of employers and employees under this section in clear and concise language. The Labor Commissioner shall post the form on the commissioner’s Internet Web site to make it available to employers who are required to comply with this section. If an employer elects not to use the form developed by the Labor Commissioner, the notice provided by the employer to the employees shall be substantially similar in content and clarity to the form developed by the Labor Commissioner. The Labor Commissioner shall develop the form and post it in accordance with this paragraph on or before July 1, 2017. +(3) Employers shall not be required to comply with paragraph (1) until the Labor Commissioner posts the form on the commissioner’s Internet Web site in accordance with paragraph (2).","Existing law prohibits an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for specified purposes related to addressing the domestic violence, sexual assault, or stalking. Existing law provides that any employee who is discharged, threatened with discharge, demoted, suspended, or in any manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for those purposes is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief, and is allowed to file a complaint with the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law establishes the Labor Commissioner as the head of the Division of Labor Standards Enforcement. +This bill would require employers to inform each employee of his or her rights established under those laws by providing specific information in writing to new employees upon hire and to other employees upon request. The bill would also require the Labor Commissioner, on or before July 1, 2017, to develop a form an employer may elect to use to comply with these provisions and to post it on the commissioner’s Internet Web site. Employers would not be required to comply with the notice of rights requirement until the commissioner posts the form.","An act to amend Section 230.1 of the Labor Code, relating to employment." +1087,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 626.9 of the Penal Code is amended to read: +626.9. +(a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995. +(b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f). +(c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances: +(1) Within a place of residence or place of business or on private property, if the place of residence, place of business, or private property is not part of the school grounds and the possession of the firearm is otherwise lawful. +(2) When the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person and is in a locked container or within the locked trunk of a motor vehicle. +This section does not prohibit or limit the otherwise lawful transportation of any other firearm, other than a pistol, revolver, or other firearm capable of being concealed on the person, in accordance with state law. +(3) When the person possessing the firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety. This subdivision may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. Upon a trial for violating subdivision (b), the trier of a fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger. +(4) When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645. +(5) When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is not in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but within a distance of 1,000 feet from the grounds of the public or private school. +(d) Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (1) of subdivision (e). +The prohibition contained in this subdivision does not apply to the discharge of a firearm to the extent that the conditions of paragraph (1) of subdivision (c) are satisfied. +(e) As used in this section, the following definitions shall apply: +(1) “Concealed firearm” has the same meaning as that term is given in Sections 25400 and 25610. +(2) “Firearm” has the same meaning as that term is given in subdivisions (a) to (d), inclusive, of Section 16520. +(3) “Locked container” has the same meaning as that term is given in Section 16850. +(4) “School zone” means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school. +(f) (1) Any person who violates subdivision (b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years. +(2) Any person who violates subdivision (b) by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished as follows: +(A) By imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, if any of the following circumstances apply: +(i) If the person previously has been convicted of any felony, or of any crime made punishable by any provision listed in Section 16580. +(ii) If the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. +(iii) If the firearm is any pistol, revolver, or other firearm capable of being concealed upon the person and the offense is punished as a felony pursuant to Section 25400. +(B) By imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, in all cases other than those specified in subparagraph (A). +(3) Any person who violates subdivision (d) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years. +(g) (1) Every person convicted under this section for a misdemeanor violation of subdivision (b) who has been convicted previously of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for not less than three months, or if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. +(2) Every person convicted under this section of a felony violation of subdivision (b) or (d) who has been convicted previously of a misdemeanor offense enumerated in Section 23515, if probation is granted or if the execution of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. +(3) Every person convicted under this section for a felony violation of subdivision (b) or (d) who has been convicted previously of any felony, or of any crime made punishable by any provision listed in Section 16580, if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. +(4) The court shall apply the three-month minimum sentence specified in this subdivision, except in unusual cases where the interests of justice would best be served by granting probation or suspending the execution or imposition of sentence without the minimum imprisonment required in this subdivision or by granting probation or suspending the execution or imposition of sentence with conditions other than those set forth in this subdivision, in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by this disposition. +(h) Notwithstanding Section 25605, any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision. +(i) Notwithstanding Section 25605, any person who brings or possesses a firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision. +(j) For purposes of this section, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder. +(k) This section does not require that notice be posted regarding the proscribed conduct. +(l) This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of his or her duties, or an armored vehicle guard, engaged in the performance of his or her duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code. +(m) This section does not apply to a security guard authorized to carry a loaded firearm pursuant to Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6. +(n) This section does not apply to an existing shooting range at a public or private school or university or college campus. +(o) This section does not apply to an honorably retired peace officer authorized to carry a concealed or loaded firearm pursuant to any of the following: +(1) Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6. +(2) Section 25650. +(3) Sections 25900 to 25910, inclusive. +(4) Section 26020. +(5) Paragraph (2) of subdivision (c) of Section 26300. +(p) This section does not apply to a peace officer appointed pursuant to Section 830.6 who is authorized to carry a firearm by the appointing agency. +(q) This section does not apply to a person holding a valid license to carry a concealed firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 who also is protected by a domestic violence protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code. +SEC. 2. +Section 30310 of the Penal Code is amended to read: +30310. +(a) Unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties. +(b) This section shall not apply to any of the following: +(1) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. +(2) A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California. +(3) +Any +A +person summoned by any of these officers to assist in making an arrest or preserving the peace while that person is actually engaged in assisting the officer. +(4) A member of the military forces of this state or of the United States who is engaged in the performance of that person’s duties. +(5) An armored vehicle guard, who is engaged in the performance of that person’s duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code. +(6) +Any +A +peace officer, listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, whether active or honorably retired. +(7) Any other duly appointed peace officer. +(8) +Any +An +honorably retired peace officer listed in subdivision (c) of Section 830.5. +(9) Any other honorably retired peace officer who during the course and scope of his or her appointment as a peace officer was authorized to, and did, carry a firearm. +(10) (A) A person carrying ammunition or reloaded ammunition onto school grounds that is in a motor vehicle at all times and is within a locked container or within the locked trunk of the vehicle. +(B) For purposes of this paragraph, the term “locked container” has the same meaning as set forth in Section 16850. +(11) A person holding a valid license to carry a concealed firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 who also is protected by a domestic violence protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code. +(c) A violation of this section is punishable by imprisonment in a county jail for a term not to exceed six months, a fine not to exceed one thousand dollars ($1,000), or both the imprisonment and fine.","Existing law, the Gun-Free School Zone Act of 1995, subject to exceptions, prohibits a person from possessing a firearm in a place that the person knows, or reasonably should know, is a school zone, unless with the written permission of certain school district officials. Existing law defines a school zone as an area on the grounds of a school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet of that school. Existing law, subject to exceptions, prohibits a person from bringing or possessing a firearm upon the grounds of a campus of a public or private university or college, or buildings owned or operated for student housing, teaching, research, or administration by a public or private university or college, that are contiguous or are clearly marked university property, as specified, unless with the written permission of specified university or college officials. Under existing law, a violation of these provisions is a felony, or, under specified circumstances, a misdemeanor. Under existing law, certain persons are exempt from both the school zone and the university prohibitions, including, among others, a retired peace officer authorized to carry a concealed or loaded firearm. +This bill would exempt from both the school zone and the university prohibitions a person holding a valid license to carry a concealed firearm who is also protected by a domestic violence protective order, as specified. +Existing law, subject to exceptions, prohibits carrying ammunition or reloaded ammunition onto school grounds unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority. +This bill would exempt from that prohibition a person holding a valid license to carry a concealed firearm who is also protected by a domestic violence protective order, as specified. The bill would make additional technical, nonsubstantive changes.","An act to amend Sections 626.9 and 30310 of the Penal Code, relating to firearms." +1088,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature that this act shall not be construed to limit any of the following: +(a) The authority of the Legislature to create and fund new judgeships pursuant to Section 4 of Article VI of the California Constitution. +(b) The authority of the Governor to appoint a person to fill a vacancy pursuant to subdivision (c) of Section 16 of Article VI of the California Constitution. +(c) The authority of the Chief Justice of California to assign judges pursuant to subdivision (e) of Section 6 of Article VI of the California Constitution. +SEC. 2. +Section 69614.5 is added to the Government Code, to read: +69614.5. +(a) To provide for a more equitable distribution of judgeships and upon notice to the applicable courts, up to five vacant judgeships shall be allocated from superior courts with more authorized judgeships than their assessed judicial need to superior courts with fewer authorized judgeships than their assessed judicial need pursuant to the requirements of this section. +(b) The allocation of vacant judgeships pursuant to subdivision (a) shall be in accordance with a methodology approved by the Judicial Council after solicitation of public comments. The determination of a superior court’s assessed judicial need shall be in accordance with the uniform standards for factually determining additional judicial need in each county, as updated and approved by the Judicial Council, pursuant to the Update of Judicial Needs Study, based on the criteria set forth in subdivision (b) of Section 69614. +(c) If a judgeship in a superior court becomes vacant, the Judicial Council shall determine whether the judgeship is eligible for allocation to another superior court under the methodology, standards, and criteria described in subdivision (b). If the judgeship is eligible for allocation to another superior court, the Judicial Council shall promptly notify the applicable courts, the Legislature, and the Governor that the judgeship vacated in one court shall be allocated to another court. +(d) (1) For purposes of this section only, a judgeship shall become “vacant” when an incumbent judge relinquishes the office through resignation, retirement, death, removal, or confirmation to an appellate court judgeship during either of the following: +(A) At any time before the deadline to file a declaration of intention to become a candidate for a judicial office pursuant to Section 8023 of the Elections Code. +(B) After the deadline to file a declaration of intention to become a candidate for a judicial office pursuant to Section 8023 of the Elections Code if no candidate submits qualifying nomination papers by the deadline pursuant to Section 8020 of the Elections Code. +(2) For purposes of this section, a judgeship shall not become “vacant” when an incumbent judge relinquishes the office as a result of being defeated in an election for that office. +SECTION 1. +Section 1252 of the +Health and Safety Code +is amended to read: +1252. +(a)Except as specified in subdivision (b), “special service” means a functional division, department, or unit of a health facility that is organized, staffed, and equipped to provide a specific type or types of patient care and that has been identified by regulations of the state department and for which the state department has established special standards for quality of care. “Special service” does not include a functional division, department, or unit of a nursing facility, as defined in subdivision (k) of Section 1250, that is organized, staffed, and equipped to provide inpatient physical therapy services, occupational therapy services, or speech pathology and audiology services to residents of the facility if these services are provided solely to meet the federal Centers for Medicare and Medicaid Services certification requirements. “Special service” includes physical therapy services, occupational therapy services, or speech pathology and audiology services provided by a nursing facility, as defined in subdivision (k) of Section 1250, to outpatients. +(b)Notwithstanding subdivision (a), “special service” also means dialysis, peritoneal, and infusion services as may be approved by the department for nursing facilities and skilled nursing facilities that are not identified by regulations of the department, if the licensee can demonstrate to the satisfaction of the department that the special service will operate in accordance with a minimum standard for quality of care. The minimum standard for quality of care for the special service under this subdivision shall be equivalent to, or greater than, that of current community standards for quality of care for that type of service. Approved special services shall be listed on the facility license. Failure to maintain the agreed upon minimum standard for quality of care shall result in approval for the special service being terminated. A licensee applying to the department for approval of special services that are not identified by regulations of the department pursuant to this subdivision shall submit all the following information for the department’s consideration: +(1)A completed application on forms prescribed by the department, with additional documentation or data, as required by the department, that clearly identifies the scope of the special service proposed to be provided. +(2)The hours of operation for the special service. +(3)Whether the service is to be provided solely to the residents of the facility or also on an outpatient basis. If the service is to be provided on an outpatient basis, the licensee shall specify the population to be served. +(4)A copy of the special service policies and procedures for review and approval. +(5)The minimum staffing levels and qualifications for the proposed special service, sufficient to meet the needs of the residents and patients. +(6)Identification of the equipment and supplies necessary to meet the needs of residents and patients receiving care in the special service. +(7)Identification of an appropriate space within the facility to be used to provide the special service. A special service that is provided on an outpatient basis shall not be provided in a space that would require outpatients to traverse areas where resident sleeping rooms are located. +(8)Confirmation that the applicable building, zoning, and fire safety standards for the proposed use of the special service space are met. +(9)Any other relevant information requested by the department. +(c)This section does not limit the department’s ability to evaluate compliance with the therapy requirements for nursing facilities and skilled nursing facilities established in Title 22 of the California Code of Regulations during investigations or inspections, including, but not limited to, inspections conducted pursuant to Section 1422, or to limit the department’s ability to enforce the therapy requirements. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law specifies the number of judges for the superior court of each county. Existing law allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional judicial need in each county, as updated and approved by the Judicial Council, pursuant to the Update of Judicial Needs Study, based on specified criteria, including, among others, workload standards that represent the average amount of time of bench and nonbench work required to resolve each case type. +This bill would require the allocation of up to 5 vacant judgeships, as defined, from superior courts with more authorized judgeships than their assessed judicial need to superior courts with fewer authorized judgeships than their assessed judicial need. The bill would require the allocation to be in accordance with a methodology approved by the Judicial Council, as specified, and would require the determination of a superior court’s assessed judicial need to be in accordance with the above uniform standards and be based on the criteria described above. The bill would require the Judicial Council, if a vacant judgeship is eligible for allocation to another superior court, to promptly notify the applicable courts, the Legislature, and the Governor that the judgeship shall be allocated to another court. +This bill would also make a statement of legislative intent regarding the authority of the Legislature, the Governor, and the Chief Justice of California. +Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health and prohibits a health facility from providing a special service without the approval of the department. Under existing law, a violation of these provisions is a crime. Existing law defines a “special service” to mean a functional division, department, or unit of a health facility that is organized, staffed, and equipped to provide a specific type of patient care and that has been identified by regulations of the department and for which the department has established special standards for quality of care. Under existing law, “special services” includes physical therapy services, occupational therapy services, or speech pathology and audiology services provided by a nursing facility to outpatients. +This bill would additionally define “special services” to mean dialysis, peritoneal, and infusion services as may be approved by the department for nursing facilities and skilled nursing facilities that are not identified in regulations of the department, if the licensee can demonstrate to the department that the special service will operate in accordance with a minimum standard for quality of care. The bill would require a licensee applying to the department for approval of special services that are not identified by regulations of the department to submit an application and other information, as specified. By expanding the application of an existing crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to +amend Section 1252 of the Health and Safety Code, relating to health facilities. +add Section 69614.5 to the Government Code, relating to judgeships." +1089,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California is experiencing a housing crisis throughout the state. +(b) The preservation of affordable housing options and the need to create more housing opportunities requires increased funding and policy changes. +(c) Mobilehome parks are community-based, affordable housing options important to many residents in our state. +(d) Local governments need tools to ensure mobilehome parks remain available as affordable hosing options. +(e) Current policy barriers inhibit local control on mobilehome parks. +(f) It is necessary to provide local governments with tools to preserve affordable mobilehome parks in their communities. +SEC. 2. +Section 798.17 of the Civil Code is repealed. +798.17. +(a)(1)Rental agreements meeting the criteria of subdivision (b) shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent. The terms of a rental agreement meeting the criteria of subdivision (b) shall prevail over conflicting provisions of an ordinance, rule, regulation, or initiative measure limiting or restricting rents in mobilehome parks, only during the term of the rental agreement or one or more uninterrupted, continuous extensions thereof. If the rental agreement is not extended and no new rental agreement in excess of 12 months’ duration is entered into, then the last rental rate charged for the space under the previous rental agreement shall be the base rent for purposes of applicable provisions of law concerning rent regulation, if any. +(2)In the first sentence of the first paragraph of a rental agreement entered into on or after January 1, 1993, pursuant to this section, there shall be set forth a provision in at least 12-point boldface type if the rental agreement is printed, or in capital letters if the rental agreement is typed, giving notice to the homeowner that the rental agreement will be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent. +(b)Rental agreements subject to this section shall meet all of the following criteria: +(1)The rental agreement shall be in excess of 12 months’ duration. +(2)The rental agreement shall be entered into between the management and a homeowner for the personal and actual residence of the homeowner. +(3)The homeowner shall have at least 30 days from the date the rental agreement is first offered to the homeowner to accept or reject the rental agreement. +(4)The homeowner who signs a rental agreement pursuant to this section may void the rental agreement by notifying management in writing within 72 hours of returning the signed rental agreement to management. This paragraph shall only apply if management provides the homeowner a copy of the signed rental agreement at the time the homeowner returns the signed rental agreement. +(5)The homeowner who signs a rental agreement pursuant to this section may void the agreement within 72 hours of receiving an executed copy of the rental agreement pursuant to Section 798.16. This paragraph shall only apply if management does not provide the homeowner with a copy of the signed rental agreement at the time the homeowner returns the signed rental agreement. +(c)If, pursuant to paragraph (3) or (4) of subdivision (b), the homeowner rejects the offered rental agreement or rescinds a signed rental agreement, the homeowner shall be entitled to instead accept, pursuant to Section 798.18, a rental agreement for a term of 12 months or less from the date the offered rental agreement was to have begun. In the event the homeowner elects to have a rental agreement for a term of 12 months or less, including a month-to-month rental agreement, the rental agreement shall contain the same rental charges, terms, and conditions as the rental agreement offered pursuant to subdivision (b), during the first 12 months, except for options, if any, contained in the offered rental agreement to extend or renew the rental agreement. +(d)Nothing in subdivision (c) shall be construed to prohibit the management from offering gifts of value, other than rental rate reductions, to homeowners who execute a rental agreement pursuant to this section. +(e)With respect to any space in a mobilehome park that is exempt under subdivision (a) from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity that establishes a maximum amount that a landlord may charge a homeowner for rent, and notwithstanding any ordinance, rule, regulation, or initiative measure, a mobilehome park shall not be assessed any fee or other exaction for a park space that is exempt under subdivision (a) imposed pursuant to any ordinance, rule, regulation, or initiative measure. No other fee or other exaction shall be imposed for a park space that is exempt under subdivision (a) for the purpose of defraying the cost of administration thereof. +(f)At the time the rental agreement is first offered to the homeowner, the management shall provide written notice to the homeowner of the homeowner’s right (1) to have at least 30 days to inspect the rental agreement, and (2) to void the rental agreement by notifying management in writing within 72 hours of receipt of an executed copy of the rental agreement. The failure of the management to provide the written notice shall make the rental agreement voidable at the homeowner’s option upon the homeowner’s discovery of the failure. The receipt of any written notice provided pursuant to this subdivision shall be acknowledged in writing by the homeowner. +(g)No rental agreement subject to subdivision (a) that is first entered into on or after January 1, 1993, shall have a provision which authorizes automatic extension or renewal of, or automatically extends or renews, the rental agreement for a period beyond the initial stated term at the sole option of either the management or the homeowner. +(h)This section does not apply to or supersede other provisions of this part or other state law. +SECTION 1. +Section 798.17.5 is added to the +Civil Code +, to read: +798.17.5. +Notwithstanding Section 798.17, with respect to mobilehome park rents within its territorial jurisdiction, the legislative body of a local governmental entity may enact a rent control ordinance for a mobilehome park where the vacancy rate exceeds ____ percent for a period of ____ months or where the rent charged to mobilehome park residents exceeds ____ percent of the average rents for mobilehome park residents within a ____ mile radius of that park.","The Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks, and exempts a rental agreement that satisfies specified +criteria +criteria, including that it be in excess of 12-months’ duration, +from any ordinance, rule, regulation, or initiative measure adopted by a local governmental entity that establishes a maximum amount a landlord may charge a tenant for rent. +This bill would +authorize the legislative body of a local governmental entity to enact a rent control ordinance for a mobilehome park within its jurisdiction when the vacancy rate in the park meets or exceeds an unspecified percentage over a certain period or where the rent charged to mobilehome park residents exceeds an unspecified percent of the average rents for mobilehome park residents within an unspecified radius of the park. +repeal these provisions. The bill would make a statement of legislative findings.","An act to +add Section 798.17.5 to +repeal Section 798.17 of +the Civil Code, relating to mobilehome parks." +1090,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1841 of the Water Code is amended to read: +1841. +(a) The board may adopt regulations requiring measurement and reporting of water diversion and use by either of the following: +(1) Persons authorized to appropriate water under a permit, license, registration for small domestic, small irrigation, or livestock stockpond use, +if the registered use is year-round, +or certification for livestock stockpond +use. +use, if the certified use is year-round. +(2) Persons required to comply with measurement and reporting regulations pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Section 5103. +(b) The initial regulations that the board adopts pursuant to this section shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of the initial regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted under this section shall remain in effect until revised by the board. +(c) The adoption of the initial regulations pursuant to this article is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. +SECTION 1. +Section 1840 of the +Water Code +is amended to read: +1840. +(a)(1)Except as provided in subdivision (b), a person who, on or after January 1, 2018, diverts 10 acre-feet of water per year or more under a permit or license shall install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage. The measurements shall be made using the best available technologies and best professional practices, as defined in Section 5100, using a device or methods satisfactory to the board, as follows: +(A)A device shall be capable of continuous monitoring of the rate and quantity of water diverted and shall be properly maintained. The permittee or licensee shall provide the board with evidence that the device has been installed with the first report submitted after installation of the device. The permittee or licensee shall provide the board with evidence demonstrating that the device is functioning properly as part of the reports submitted at five-year intervals after the report documenting installation of the device, or upon request of the board. +(B)In developing regulations pursuant to Section 1841, the board shall consider devices and methods that provide accurate measurement of the total amount diverted and the rate of diversion. The board shall consider devices and methods that provide accurate measurements within an acceptable range of error, including the following: +(i)Electricity records dedicated to a pump and recent pump test. +(ii)Staff gage calibrated with an acceptable streamflow rating curve. +(iii)Staff gage calibrated for a flume or weir. +(iv)Staff gage calibrated with an acceptable storage capacity curve. +(v)Pressure transducer and acceptable storage capacity curve. +(2)The permittee or licensee shall maintain a record of all diversion monitoring that includes the date, time, and diversion rate at time intervals of one hour or less, and the total amount of water diverted. These records shall be included with reports submitted under the permit or license, as required under subdivision (c), or upon request of the board. +(b)(1)The board may modify the requirements of subdivision (a) upon finding either of the following: +(A)That strict compliance is infeasible, is unreasonably expensive, would unreasonably affect public trust uses, or would result in the waste or unreasonable use of water. +(B)That the need for monitoring and reporting is adequately addressed by other conditions of the permit or license. +(2)The board may increase the 10-acre-foot reporting threshold of subdivision (a) in a watershed or subwatershed, after considering the diversion reporting threshold in relation to quantity of water within the watershed or subwatershed. The board may increase the 10-acre-foot reporting threshold to 25 acre-feet or more if it finds that the benefits of the additional information within the watershed or subwatershed are substantially outweighed by the cost of installing measuring devices or employing methods for measurement for diversions at the 10-acre-foot threshold. +(c)At least annually, a person who diverts water under a registration, permit, or license shall report to the board the following information: +(1)The quantity of water diverted by month. +(2)The maximum rate of diversion by months in the preceding calendar year. +(3)The information required by subdivision (a), if applicable. +(d)Compliance with the applicable requirements of this section is a condition of every registration, permit, or license.","Existing law authorizes the State Water Resources Control Board to adopt regulations requiring measurement and reporting of water diversion and use by persons including, among others, those authorized to appropriate water under a permit, license, registration for small domestic, small irrigation, or livestock stockpond use, or a certification for livestock stockpond use. +This bill would restrict the state board’s authorization to adopt regulations requiring measurement and reporting of water diversion and use by persons authorized to appropriate water under a registration or certification to uses that are year-round. +Existing law requires a person who diverts 10 acre-feet of water per year or more under a permit or license to install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage, as specified, and with certain exceptions. +This bill would delay those requirements for 2 years.","An act to amend Section +1840 +1841 +of the Water Code, relating to water." +1091,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares the following: +(a) Existing law, Section 1940.8.5 of the Civil Code, requires a landlord or his or her agent who applies pesticide in certain ways to a dwelling unit or common area without a licensed pest control operator to provide to tenants of potentially affected units written notification that includes the pest to be targeted, the pesticide to be used, the frequency of its use, and a health and safety statement prior to the pesticide application. +(b) It is the intent of this bill, therefore, that when pesticides are about to be applied to the separate interests or to the common areas of a common interest development either by the homeowner association or by one of its agents rather than by a licensed pest control operator, that the owners and, if applicable, tenants of the separate interests and the owners and, if applicable, tenants of adjacent separate units that could reasonably be impacted by the pesticide be provided with substantially the same written notification that they would have received under existing law had the pesticides been applied by a licensed pest control operator. +SEC. 2. +Section 4777 is added to the Civil Code, to read: +4777. +(a) For the purposes of this section: +(1) “Adjacent separate interest” means a separate interest that is directly beside, above, or below a particular separate interest or the common area. +(2) “Authorized agent” means an individual, organization, or other entity that has entered into an agreement with the association to act on the association’s behalf. +(3) “Broadcast application” means spreading pesticide over an area greater than two square feet. +(4) “Electronic delivery” means delivery of a document by electronic means to the electronic address at, or through which, an owner of a separate interest has authorized electronic delivery. +(5) “Licensed pest control operator” means anyone licensed by the state to apply pesticides. +(6) “Pest” means a living organism that causes damage to property or economic loss, or transmits or produces diseases. +(7) “Pesticide” means any substance, or mixture of substances, that is intended to be used for controlling, destroying, repelling, or mitigating any pest or organism, excluding antimicrobial pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)). +(b) (1) An association or its authorized agent that applies any pesticide to a separate interest or to the common area without a licensed pest control operator shall provide the owner and, if applicable, the tenant of an affected separate interest and, if making broadcast applications, or using total release foggers or aerosol sprays, the owner and, if applicable, the tenant in an adjacent separate interest that could reasonably be impacted by the pesticide use with written notice that contains the following statements and information using words with common and everyday meaning: +(A) The pest or pests to be controlled. +(B) The name and brand of the pesticide product proposed to be used. +(C) “State law requires that you be given the following information: + + +CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. +If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222). +For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).” + + +(D) The approximate date, time, and frequency with which the pesticide will be applied. +(E) The following notification: +“The approximate date, time, and frequency of this pesticide application is subject to change.” +(2) At least 48 hours prior to application of the pesticide to a separate interest, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest and notice to an owner and, if applicable, the tenant occupying any adjacent separate interest that is required to be notified pursuant to paragraph (1). +(3) (A) At least 48 hours prior to application of the pesticide to a common area, the association or its authorized agent shall, if practicable, post the written notice described in paragraph (1) in a conspicuous place in or around the common area in which the pesticide is to be applied. Otherwise, if not practicable, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest that is adjacent to the common area. +(B) If the pest poses an immediate threat to health and safety, thereby making compliance with notification prior to the pesticide application unreasonable, the association or its authorized agent shall post the written notice as soon as practicable, but not later than one hour after the pesticide is applied. +(4) Notice to tenants of separate interests shall be provided, in at least one of the following ways: +(A) First-class mail. +(B) Personal delivery to a tenant 18 years of age or older. +(C) Electronic delivery, if an electronic mailing address has been provided by the tenant. +(5) (A) Upon receipt of written notification, the owner of the separate interest or the tenant may agree in writing or, if notification was delivered electronically, the tenant may agree through electronic delivery, to allow the association or authorized agent to apply a pesticide immediately or at an agreed upon time. +(B) (i) Prior to receipt of written notification, the association or authorized agent may agree orally to an immediate pesticide application if the owner or, if applicable, the tenant requests that the pesticide be applied before the 48-hour notice of the pesticide product proposed to be used. +(ii) With respect to an owner or, if applicable, a tenant entering into an oral agreement for immediate pesticide application, the association or authorized agent, no later than the time of pesticide application, shall leave the written notice specified in paragraph (1) in a conspicuous place in the separate interest or at the entrance of the separate interest in a manner in which a reasonable person would discover the notice. +(iii) If any owner or, if applicable, any tenant of a separate interest or an owner or, if applicable, a tenant of an adjacent separate interest is also required to be notified pursuant to this subparagraph, the association or authorized agent shall provide that person with this notice as soon as practicable after the oral agreement is made authorizing immediate pesticide application, but in no case later than commencement of application of the pesticide. +(6) A copy of a written notice provided pursuant paragraph (1) shall be attached to the minutes of the board meeting immediately subsequent the application of the pesticide.","Existing law, the Davis-Stirling Common Interest Development Act, regulates the creation and governance of common interest developments, which are managed by associations. Existing law generally provides that an association is responsible for maintaining common areas in the development and owners of separate interests are responsible for their interests. Existing law permits an association to require the removal of an occupant of a separate interest for those times and periods as may be necessary for the effective treatment of wood-destroying pests. Existing law generally requires a landlord or his or her authorized agent to provide notice to tenants, and under certain circumstances tenants of adjacent units, of the use of pesticides at the tenant’s dwelling unit or in common areas if the landlord or authorized agent applies any pesticide without a licensed pest control operator. +This bill would require a common interest development association or its authorized agent to provide notice to an owner and, if applicable, a tenant of a separate interest, and under certain circumstances to owners and, if applicable, tenants of adjacent separate interests, if pesticide is to be applied without a licensed pest control operator to a separate interest or to a common area. The bill would prescribe the contents of the notice and how it is to be provided. The bill would authorize an owner or tenant to agree to immediate pesticide application and would prescribe a revised notification procedure in this instance. The bill would also permit the notice to be posted, as specified, after the pesticide application if the pest poses an imminent threat to health and safety.","An act to add Section 4777 to the Civil Code, relating to common interest developments." +1092,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature to build a stable, comprehensive, and adequately funded high-quality early learning and educational support system for children from birth to five years of age, inclusive, with alignment and integration into the K–12 education system by strategically using state and federal funds, and engaging all early care and education stakeholders, including K–12 education stakeholders, in an effort to provide access to affordable, high-quality services supported by adequate rates, integrated data systems, and a strong infrastructure that supports children and the educators that serve them. +SEC. 2. +Article 15.1 (commencing with Section 8332) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: +Article 15.1. Individualized County of Santa Clara Child Care Subsidy Plan +8332. +The County of Santa Clara may, as a pilot project, develop and implement an individualized county child care subsidy plan. The plan shall ensure that child care subsidies received by the County of Santa Clara are used to address local needs, conditions, and priorities of working families in the community. +8332.1. +For purposes of this article, “county” means the County of Santa Clara. +8332.2. +(a) For purposes of this article, “plan” means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 8332, which includes all of the following: +(1) An assessment to identify the county’s goals for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the county’s child care goals coincide with the state’s requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the state’s child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following: +(A) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition. +(B) The current supply of available subsidized child care. +(C) The level of need for various types of subsidized child care services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs. +(D) The county’s self-sufficiency income level. +(E) Income eligibility levels for subsidized child care. +(F) Family fees. +(G) The cost of providing child care. +(H) The regional market rates, as established by the department, for different types of child care. +(I) The standard reimbursement rate or state per diem for centers operating under contracts with the department. +(J) Trends in the county’s unemployment rate and housing affordability index. +(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the county’s achievement of its desired outcomes for subsidized child care. +(B) The local policy shall do all of the following: +(i) Prioritize lowest income families first. +(ii) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1. +(iii) Meet local goals that are consistent with the state’s child care goals. +(iv) Identify existing policies that would be affected by the county’s plan. +(v) (I) Authorize an agency that provides child care and development services in the county through a contract with the department and either provides direct services or contracts with licensed providers or centers to apply to the department to amend existing contracts in order to benefit from the local policy. +(II) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8332.3. +(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable. +(C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors: +(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, inclusion of former and current CalWORKs participants, and special needs considerations, except that the local policy shall not deny or reduce eligibility of a family that qualifies for child care pursuant to Section 8353. Under the local policy, a family that qualifies for child care pursuant to Section 8354 shall be treated for purposes of eligibility and fees in the same manner as a family that qualifies for subsidized child care on another basis pursuant to the local policy. +(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1. +(iii) Reimbursement rates. +(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies. +(3) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the county and contractors that contract with licensed providers and centers are eligible to be included in the county’s plan. +(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the county’s child care goals, and to overcome any barriers identified in the state’s child care subsidy system. +(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county. +8332.3. +(a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the County of Santa Clara shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the Early Education and Support Division of the department for review. +(b) Within 30 days of receiving the plan, the Early Education and Support Division shall review and either approve or disapprove the plan. +(c) Within 30 days of receiving a modification to the plan, the Early Education and Support Division shall review and either approve or disapprove that modification to the plan. +(d) The Early Education and Support Division may disapprove only those portions of modifications to the plan that are not in conformance with this article or that are in conflict with federal law. +8332.4. +The county shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the aggregate days a child is enrolled in child care in the county as compared to the enrollment in the final quarter of the 2015–16 fiscal year. +8332.5. +(a) The county shall annually prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the county’s plan, and the county’s ability to maximize the use of funds and to improve and stabilize child care in the county. +(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. +8332.6. +A participating contractor shall receive an increase or decrease in funding that the contractor would have received if the contractor had not participated in the plan. +8332.7. +This article shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SEC. 3. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the County of Santa Clara. Existing law does not reflect the fiscal reality of living in the County of Santa Clara, a high-cost county where the cost of living is well beyond the state median level, resulting in reduced access to quality child care. In recognition of the unintended consequences of living in a high-cost county, this act is necessary to provide children and families in the County of Santa Clara proper access to child care through an individualized county child care subsidy plan.","The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality child care programs. Existing law authorizes the County of Alameda, as a pilot project, to develop an individualized county child care subsidy plan, as provided. +This bill would authorize, until January 1, 2022, the County of Santa Clara to develop and implement an individualized county child care subsidy plan, as specified. The bill would require the plan to be submitted to the local planning council and the Santa Clara County Board of Supervisors for approval, as specified. The bill would require the Early Education and Support Division of the State Department of Education to review and approve or disapprove the plan and any subsequent modifications to the plan. The bill would require the County of Santa Clara to annually prepare and submit to the Legislature, the State Department of Social Services, and the State Department of Education a report that contains specified information relating to the success of the county’s plan. +This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Santa Clara.","An act to add and repeal Article 15.1 (commencing with Section 8332) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, relating to child care and development services." +1093,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 2 (commencing with Section 18706) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: +Article 2. Special Olympics Fund +18706. +(a) Any individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Special Olympics Fund established by Section 18707 to be used by the Special Olympics Northern California and the Special Olympics Southern California. +(b) The contribution shall be in full dollar amounts and may be made individually by each signatory on the joint return. +(c) A designation under subdivision (a) shall be made for any taxable year on the original return for that taxable year, and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made. +(d) (1) The Franchise Tax Board shall revise the form of the return to include a space labeled “Special Olympics Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to conduct the activities of the Special Olympics Northern California and the Special Olympics Southern California in support of children and adults with intellectual disabilities. +(2) Notwithstanding paragraph (1), a voluntary contribution designation for the Special Olympics Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available, whichever occurs first. +(e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a). +18707. +There is hereby established in the State Treasury the Special Olympics Fund to receive contributions made pursuant to Section 18706. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18706 to be transferred to the Special Olympics Fund. The Controller shall transfer from the Personal Income Tax Fund to the Special Olympics Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18706 for payment into that fund. +18708. +All moneys transferred to the Special Olympics Fund pursuant to Section 18707, upon appropriation by the Legislature, shall be allocated as follows: +(a) To the Franchise Tax Board and the Controller for reimbursement of all costs incurred by the Franchise Tax Board and the Controller in connection with their duties under this article. +(b) To the State Department of Social Services where the balance shall be disbursed between the Special Olympics Northern California and the Special Olympics Southern California based on the amount of donations provided by taxpayers in each organization’s jurisdiction based on the county of the taxpayer contributing, for the purpose of supporting children and adults with intellectual disabilities. The State Department of Social Services shall be responsible for overseeing that disbursement and may use up to 3 percent of the moneys allocated to it for administrative costs. The Special Olympics Northern California and the Special Olympics Southern California shall not use the moneys received pursuant to this article for administrative costs. +(c) The Special Olympics Northern California and the Special Olympics Southern California shall annually provide a report to the State Department of Social Services that includes documentation that the moneys disbursed to each organization pursuant to this section were not used for administrative costs nor for any purposes outside of California and that describes in narrative form the amount of moneys received pursuant to this section and the purposes for which the moneys were expended. +18709. +(a) Except as otherwise provided in paragraph (2) of subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the Special Olympics Fund on the personal income tax return, and is repealed as of December 1 of that year. +(b) (1) By September 1 of the second calendar year and each subsequent calendar year that the Special Olympics Fund appears on the tax return, the Franchise Tax Board shall do both of the following: +(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. +(B) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. +(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. +(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the Special Olympics Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c). +(c) For each calendar year, beginning with the third calendar year after the first appearance of the Special Olympics Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows: +(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. +(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.","Under existing law, taxpayers are allowed to contribute amounts in excess of their personal income tax liability for the support of various funds. Existing law also contains administrative provisions that are generally applicable to voluntary contributions. +This bill would allow a taxpayer to designate an amount in excess of personal income tax liability to be deposited to the Special Olympics Fund, which the bill would create. The bill would require moneys transferred to the Special Olympics Fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller, as provided, and to the State Department of Social Services for disbursement to the Special Olympics Northern California and the Special Olympics Southern California for the purpose of funding activities of the Special Olympics in support of children and adults with intellectual disabilities, as provided. The bill would authorize the State Department of Social Services to use up to 3% of the moneys allocated to it for administrative costs. The bill would require the Special Olympics Northern California and the Special Olympics Southern California to annually provide a report to the State Department of Social Services regarding the expenditure of the moneys disbursed to each organization, as specified.","An act to add and repeal Article 2 (commencing with Section 18706) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, relating to taxation." +1094,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 31494.2 of the Government Code is amended to read: +31494.2. +(a) A general member whose benefits are governed by Retirement Plan D may, during a period of active employment, elect to change plan membership and become a member, prospectively, in Retirement Plan E. The election shall be made upon written application signed by the member and filed with the board, pursuant to enrollment procedures and during an enrollment period established by the board, which enrollment period shall not occur more frequently than once every three years for that member. The change in plan membership shall be effective as of the transfer date, as defined in subdivision (d). Except as otherwise provided in this section, the rights and obligations of a member who elects to change membership under this section shall be governed by the terms of this article on and after the transfer date. Prior to the transfer date, the rights to retirement, survivors’, or other benefits payable to a member and his or her survivors or beneficiaries shall continue to be governed by Retirement Plan D. +(b) Except as otherwise provided in this section, effective as of the transfer date, a member who has transferred to Retirement Plan E pursuant to this section and his or her survivors or beneficiaries shall receive retirement, survivors’, and other benefits that shall consist of: (1) the benefits to which they are entitled under the terms of Retirement Plan E, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan E, and (2) the benefits to which they would have been entitled under the terms of Retirement Plan D had the member remained a member of Retirement Plan D, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan D. Except as otherwise provided in this section, the calculation of the member’s, survivors’, or beneficiaries’ benefits under each plan shall be subject to that plan’s respective, separate terms, including, but not limited to, the definitions of “final compensation” and provisions establishing cost-of-living adjustments, establishing minimum retirement age and service requirements, and governing integration with federal social security payments. Notwithstanding the foregoing, the aggregate service credited under both retirement plans shall be taken into account for the purpose of determining eligibility for and vesting of benefits under each plan. +(c) Notwithstanding any other provision of Retirement Plan D or Retirement Plan E: +(1) A member who has transferred to Retirement Plan E pursuant to this section may not retire for disability and receive disability retirement benefits under Retirement Plan D. +(2) If a member who has transferred to Retirement Plan E pursuant to this section dies prior to retirement, that member’s survivor or beneficiary may not receive survivor or death benefits under Retirement Plan D but shall receive a refund of the member’s contributions to Retirement Plan D together with all interest credited thereto. +(d) As used in this section: +(1) “Period of active employment” means a period during which the member is actively performing the duties of a full-time or part-time employee position or is on any authorized paid leave of absence, except a leave of absence during which the member is totally disabled and is receiving, or is eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer. +(2) “Retirement Plan D” means the contributory retirement plan otherwise available to members of the system between June 1, 1979, and December 31, 2012, inclusive. +(3) “Retirement Plan E” means the noncontributory retirement plan established under this article. +(4) “Transfer date” means the first day of the first month that is at least 30 days after the date that the application is filed with the board to change plan membership under subdivision (a). +(e) This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county. +SEC. 2. +Section 31494.5 of the Government Code is amended to read: +31494.5. +(a) A general member whose benefits are governed by Retirement Plan E may, during a period of active employment, elect to change plan membership and become a member, prospectively, in Retirement Plan D. The election shall be made upon written application signed by the member and filed with the board, pursuant to enrollment procedures and during an enrollment period established by the board, which enrollment period shall not occur more frequently than once every three years for that member. The change in plan membership shall be effective as of the transfer date, as defined in subdivision (g). Except as otherwise provided in this section, the rights and obligations of a member who elects to change membership under this section shall be governed by the terms of Retirement Plan D on and after the transfer date. Prior to the transfer date, the rights to retirement, survivors’, or other benefits payable to a member and his or her survivors or beneficiaries shall continue to be governed by Retirement Plan E. +(b) If a member has made the election to change plans under subdivision (a), monthly contributions by the member and the employer under the terms of Retirement Plan D shall commence as of the transfer date. For the purposes of calculating the member’s contribution rate under Retirement Plan D, his or her entry age shall be deemed to be his or her age at his or her birthday nearest the transfer date; however, if the member exchanges service credit in accordance with subdivision (c), with regard to contributions made for periods after that exchange, his or her entry age shall be adjusted and deemed to be the member’s age at his or her birthday nearest the date on which begins the most recent period of unbroken service credited under Retirement Plan D, taking into account service purchased under subdivision (c). In no event shall the exchange of service under subdivision (c) affect the entry age with respect to, or the cost of, employee contributions made, or service purchased, prior to the exchange. +(c) (1) A general member who has elected to change plans under subdivision (a) also may elect to exchange, at that time or any time thereafter, but prior to the earlier of his or her application for retirement, termination from employment, or death, some portion designated in whole-month increments, or all of the service credited under Retirement Plan E for an equivalent amount of service credited under Retirement Plan D, provided, however, that the member may not exchange less than 12 months’ service or, if less, the total service credited under Retirement Plan E. The exchange shall be effective on the date when the member completes the purchase of that service by depositing in the retirement fund, by lump sum or regular monthly installments, over the period of time determined by a resolution adopted by a majority vote of the board of retirement, or both, but in any event prior to the earlier of his or her death or the date that is 120 days after the effective date of his or her retirement, the sum of: (1) the contributions the member would have made to the retirement fund under Retirement Plan D for that length of time for which the member shall receive credit as service under Retirement Plan D, computed in accordance with the rate of contribution applicable to the member under Retirement Plan D, based upon his or her entry age, and in the same manner prescribed under Retirement Plan D as if that plan had been in effect during the period for which the member shall receive service credit, and (2) the regular interest thereon. +(2) For the purposes of this subdivision, a member’s entry age shall be deemed to be the member’s age at his or her birthday nearest the date on which begins the most recent period of unbroken service credited under Retirement Plan D following completion of the service exchange under this subdivision. A member may receive credit for a period of service under only one plan and in no event shall a member receive credit for the same period of service under both Retirement Plan D and Retirement Plan E. +(3) A member who fails to complete the purchase of service as required under this subdivision shall be treated as completing an exchange of service under Retirement Plan E for an equivalent amount of service under Retirement Plan D only with regard to the service that actually has been purchased through completed deposit with the retirement fund of the requisite purchase amount, calculated in accordance with this subdivision. +(d) Except as otherwise provided in this section, effective as of the transfer date, a member who has transferred to Retirement Plan D pursuant to this section and his or her survivors or beneficiaries shall receive retirement, disability, survivors’, death, or other benefits that shall consist of: (1) the benefits to which they are entitled under the terms of Retirement Plan D, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan D, and (2) the benefits to which they would have been entitled under the terms of Retirement Plan E had the member remained a member of Retirement Plan E, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan E. Except as otherwise provided in this section, the calculation of the portion of a member’s or beneficiary’s benefit that is attributable to each plan is subject to that plan’s respective, separate terms, including, but not limited to, the definitions of “final compensation” and provisions establishing cost-of-living adjustments, establishing minimum age and service requirements, and governing integration with federal social security payments. Notwithstanding the foregoing, the aggregate service credited under both Retirement Plan D and Retirement Plan E shall be taken into account for the purpose of determining eligibility for, and vesting of, benefits under each plan. +(e) Notwithstanding any other provision of Retirement Plan D or Retirement Plan E, a member who transfers into Retirement Plan D under this section may retire for service-connected or nonservice-connected disability and receive disability benefits under Retirement Plan D only if he or she has either (1) completed two continuous years of active service after his or her most recent transfer date, or (2) earned five years of retirement service credit under Retirement Plan D after his or her most recent transfer date. Notwithstanding any other provision to the contrary, a member who becomes disabled and does not meet either of these conditions (1) may apply for and receive only a deferred or service retirement allowance, or (2) may elect to transfer prospectively back to Retirement Plan E, and for the purposes of calculating his or her retirement benefits under this section, shall in lieu of credit under Retirement Plan D be credited with service under Retirement Plan E as provided under subdivision (g) of Section 31488 during any period he or she is totally disabled and is receiving, or eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer up to the earlier of the date he or she retires or no longer qualifies for disability benefits. If a member dies before he or she is eligible to retire and before completing either two continuous years of active service after the transfer date into Retirement Plan D or after earning five years of retirement service credit under Retirement Plan D after that transfer date, that member’s beneficiary shall not be entitled to the survivor allowance under Section 31781.1 or 31781.12, if operative. +(f) Notwithstanding any other provisions of Retirement Plan D or Retirement Plan E, a member who has transferred to Retirement Plan D pursuant to this section and who retires for disability when eligible under this section and Retirement Plan D, may not also retire for service and receive service retirement benefits under Retirement Plan E. However, for the purpose of calculating disability benefits under Retirement Plan D, the “sum to which he or she would be entitled as service retirement” or his or her “service retirement allowance,” as those terms are used in Sections 31726, 31726.5, and 31727.4, shall consist of the blended benefit to which the member would be entitled under subdivision (d) if he or she retired for service, not just the service retirement benefit to which he or she would be entitled under Retirement Plan D. +(g) As used in this section: +(1) “Active service” means time spent on active, on-the-job performance of the duties of a full-time or part-time position and on any authorized paid leaves of absence; provided, however, that any authorized paid leave of absence or part-time service shall not constitute active service if the leave of absence or part-time service is necessitated by a preexisting disability, injury, or disease. The board of retirement shall determine whether or not a leave of absence or part-time service is necessitated by a preexisting disability, injury, or disease, and thus excluded from the member’s active service, based upon evidence presented by the employer and the member upon request by the board. +(2) “Entry age” means the age used for calculating the normal rate of contribution to Retirement Plan D with respect to a member who has transferred membership to Retirement Plan D under this section. +(3) “Period of active employment” means a period during which the member is actively performing the duties of a full-time or part-time employee position or is on any authorized paid leave of absence, except a leave of absence during which the member is totally disabled and is receiving, or is eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer. +(4) “Retirement Plan D” means the contributory retirement plan otherwise available to members of the system between June 1, 1979, and December 31, 2012, inclusive. +(5) “Retirement Plan E” means the noncontributory retirement plan established under this article. +(6) “Transfer date” means the first day of the first month that is at least 30 days after the date that the application is filed with the board to change plan membership under subdivision (a). +(h) This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county. +SEC. 3. +Section 31495.7 is added to the Government Code, to read: +31495.7. +Section 31835.1 applies to a member eligible to retire at 55 years of age pursuant to Section 31491. This section is declaratory of existing law. +SEC. 4. +Section 31520.6 is added to the Government Code, to read: +31520.6. +Notwithstanding any provision to the contrary in Section 31520.3 or 31520.5, in any county in which there is an alternate retired member, if the eighth member is present, the alternate retired member may also vote as a member of the board in the event both the second and third, or both the second and seventh, or both the third and seventh members are absent for any cause. +SEC. 5. +Section 31526 of the Government Code is amended to read: +31526. +The regulations shall include provisions: +(a) For the election of officers, their terms, meetings, and all other matters relating to the administrative procedure of the board. +(b) For one of the following: +(1) The filing of a sworn statement by every person who is or becomes a member, showing date of birth, nature and duration of employment with the county, compensation received, and other information as is required by the board. +(2) In lieu of a sworn statement, the submission by the member’s employer to the retirement association of the information otherwise required in paragraph (1), in a form determined by the retirement association. +(c) For forms of annuity certificates and other forms as required.","The County Employees Retirement Law of 1937 (CERL) establishes retirement plans, known as Retirement Plan D and Retirement Plan E, that are applicable in the retirement system in Los Angeles County and prescribes procedures for members to transfer between those plans. CERL defines “Retirement Plan E” to mean the noncontributory retirement plan established by specific provisions, and defines “Retirement Plan D” to mean the contributory retirement plan otherwise available to new members of the retirement system on the transfer date. +This bill would revise the definition of Retirement Plan D to, instead, refer to the contributory retirement plan otherwise available to members of the system between June 1, 1979, and December 31, 2012, inclusive. +CERL provides for the retirement system in Los Angeles County specific ages and pension allowances for normal and early retirement. Under CERL, a member of a CERL retirement system who is eligible to retire at 50 years of age pursuant to specified statute, or who is required to retire because of age while a member of the Public Employees’ Retirement System (PERS), a CERL retirement system in another county, the State Teachers’ Retirement System (STRS), or a retirement system of any other public agency of the state that has established reciprocity with PERS subject to certain conditions, but who cannot retire concurrently from PERS, a CERL retirement system in another county, STRS, or a retirement system of any other public agency of the state that has established reciprocity with PERS subject to certain conditions, is entitled to have final compensation and service determined under specific statutes as if the member had retired concurrently under that other system (concurrent retirement exception). Provisions of CERL specifically applicable to Los Angeles County, among other things, apply reciprocal benefits, including the concurrent retirement exception, to the retirement system in Los Angeles County. +This bill would amend provisions of CERL specifically applicable to Los Angeles County to provide that the concurrent retirement exception applies to a member of the retirement system in Los Angeles County eligible to retire at 55 years of age and would state that the amendment is declaratory of existing law. +CERL sets forth the membership composition for boards of retirement, as specified. Under that law, the retirement board in specified counties is comprised of 9 members and an alternate member, as specified. That law also authorizes specified counties to appoint an alternate retired member to the office of the 8th member of the board and authorizes the alternate retired member to vote as a member of the board only in the event the 8th member is absent from a board meeting for any cause. +This bill would additionally authorize the alternate retired member to vote as a member of the board if the 8th member is present and both the 2nd and 3rd, both the 2nd and 7th, or both the 3rd and 7th members are absent for any cause. +Under CERL, except as specified, the management of a retirement system is vested in the board of retirement. CERL authorizes such a board to make regulations not inconsistent with that law, and requires that the regulations include specific provisions, including provisions for the filing of a sworn statement by every person who is or becomes a member, showing date of birth, nature and duration of employment with the county, compensation received, and other information as is required by the board. +This bill would authorize those regulations, in lieu of a sworn statement, to provide for the submission by a member’s employer to the retirement association of the information otherwise required in a sworn statement, in a form determined by the retirement association.","An act to amend Sections 31494.2, 31494.5, and 31526 of, and to add Sections 31495.7 and 31520.6 to, the Government Code, relating to county employees’ retirement." +1095,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 15.8 (commencing with Section 67395) is added to Part 40 of Division 5 of Title 3 of the Education Code, to read: +CHAPTER 15.8. Autism Employment and Education Act +67395. +(a) This chapter shall be known, and may be cited, as the Autism Employment and Education Act. +(b) The Legislature finds and declares all of the following: +(1) Autism spectrum disorder (ASD) is a lifelong neurological condition estimated to affect as many as one in 88 children. It is now the most common neurological disorder affecting children and one of the most common developmental disabilities. +(2) Many individuals living with ASD will need some level of support over the course of their lives. In cases where adolescents and adults with severe autism are placed into long-term care or other supported housing arrangements, the annual cost of housing, which includes caregiver time, can be four hundred dollars ($400) per day, or approximately one hundred fifty thousand dollars ($150,000) a year. +(3) It is estimated that the lifetime per capita incremental societal cost of ASD is three million two hundred thousand dollars ($3,200,000) per individual or approximately fifty thousand seven hundred ninety-three dollars ($50,793) per year on average. +(4) As of February 2016, Taft Community College is the only occupational and living skills residential program of its kind offered in California, and the program is currently unable to meet the needs of students who apply. The program has been in existence for nearly 20 years and receives the majority of its funding from regional centers in California. More than 80 percent of its graduates are employed by the end of the second year of post graduation services. +(5) According to Disability Planning Data for Riverside County, 10.5 percent of people (about 120,000 people) 21 to 64 years of age have some type of a disability. Of this number, 37 percent are employed, but this data does not indicate whether they are employed full time or part time. +(6) According to a report published in April 2012 by the Autism Society of California, “The majority of transition aged families (98 percent) believed that current adult programs are not going to meet their loved-one’s needs.” Additional findings from this report indicated that only 5 percent of people with ASD graduated from college with a bachelor’s degree and only 3 percent graduated with a master’s or an associate degree. About 12 percent of students with ASD go to college and do not succeed; this is lower than the national average of 14 percent. The number of people with ASD in California remaining at home and not participating in any type of postsecondary educational program is on the rise, going from 13 percent in 2009 to 18 percent in 2012. +(7) According to the Department of Labor Statistics, the unemployment rate for individuals with disabilities is 78.5 percent. +(8) Mandated services provided through the federal Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) end upon completion of high school, yet 60 percent of lifetime costs occur in adulthood. According to the Autism Society, there is a significant disparity in the need for, and the availability of, publicly funded long-term services and supports for people with disabilities. This disparity results in waiting lists estimated to range from 80,000 to 200,000 people nationwide. +(9) It is the intent of the Legislature that implementing a residential, occupational, and living skills program for students with mental disabilities, including autism, will accomplish all of the following objectives: +(A) The program will increase the rate of employment of students with mental disabilities from its current level of around 25 percent to 85 percent. +(B) The program will be a more affordable alternative for families than adult day treatment programs, which may cost nearly twice as much. +(C) The program will enable participating students to live independently, to learn the life skills necessary to become lifelong productive members of their local communities in California, and to not need to relocate out of state in order to receive affordable services. +(D) The program will provide students with mental disabilities a more coordinated continuity of care by incorporating all of their living skills, occupational, social, and recreational development needs into one program. +67395.5. +(a) The Autism Employment and Education Program is hereby established to develop and implement a residential, occupational, and living skills program at each participating community college and California State University campus to help students with mental disabilities, including autism, live independently, obtain employment, and become otherwise self-sufficient after they graduate or withdraw from the campus. +(b) The Autism Employment and Education Fund is hereby established in the State Treasury for purposes of this chapter. The moneys in the fund shall be available, upon appropriation by the Legislature, to the Board of Governors of the California Community Colleges and the Trustees of the California State University for the implementation and administration of this chapter. +(c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall develop and implement both of the following: +(1) A residential, occupational, and living skills program at each participating college or university, as applicable, to help students with mental disabilities, including autism, live independently, obtain employment, and become otherwise self-sufficient after they graduate or withdraw from the college or university. +(2) Administrative guidelines and other requirements for purposes of developing, implementing, and administering the program described in paragraph (1). +67395.7. +This chapter shall only become operative upon appropriation in the annual Budget Act for the implementation and administration of this chapter.","Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as 2 of the segments of public postsecondary education in this state. Existing law states the intent of the Legislature that the public postsecondary institutions request, and the state provide, through the state budget process, funds to cover the actual cost of providing services and instruction, consistent with specified principles, to disabled students in their respective postsecondary institutions. +This bill would establish the Autism Employment and Education Program, which would establish a residential, occupational, and living skills program at each participating community college and California State University campus to help students with mental disabilities, including autism, live independently, obtain employment, and become otherwise self-sufficient after they graduate or withdraw from the college or university. The bill would establish the Autism Employment and Education Fund in the State Treasury and allocate moneys in the fund, upon appropriation by the Legislature, to the board of governors and the trustees for the development, implementation, and administration of the program. The bill would only become operative upon appropriation by the Legislature for the implementation and administration of the program.","An act to add Chapter 15.8 (commencing with Section 67395) to Part 40 of Division 5 of Title 3 of the Education Code, relating to public postsecondary education." +1096,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19320 of the Business and Professions Code is amended to read: +19320. +(a) All commercial cannabis activity shall be conducted between licensees, except as otherwise provided in this chapter. +(b) Licensing authorities administering this chapter may issue state licenses only to qualified applicants engaging in commercial cannabis activity pursuant to this chapter. One year after the Bureau of Medical Cannabis Regulation posts a notice on its Internet Web site that the licensing authorities have commenced issuing licenses, no person shall engage in commercial cannabis activity without possessing both a state license and a local permit, license, or other authorization. An entity seeking licensure pursuant to this chapter shall obtain a local license, permit, or other authorization prior to applying for state licensure. State licensing entities shall not issue a license to any applicant that is unable to provide documentation confirming authorization to operate from the local government in which the applicant proposes to operate. A licensee shall not commence activity under the authority of a state license until the applicant has obtained, in addition to the state license, a local license, permit, or other authorization from the local jurisdiction in which he or she proposes to operate, following the requirements of the applicable local ordinance. +(c) Each licensee shall obtain a separate license for each location where it engages in commercial medical cannabis activity. However, transporters only need to obtain licenses for each physical location where the licensee conducts business while not in transport or where any equipment that is not currently transporting medical cannabis or medical cannabis products permanently resides. +(d) Revocation of a local license, permit, or other required authorization shall terminate the ability of a medical cannabis business to operate within that local jurisdiction until the local jurisdiction reinstates or reissues the local license, permit, or other authorization. Local authorities shall notify the bureau upon revocation of a local license, permit, or other authorization. The bureau shall inform relevant licensing authorities. +(e) Revocation of a state license shall terminate the ability of a medical cannabis licensee to operate within California until the licensing authority reinstates or reissues the state license. +(f) In addition to the provisions of this chapter, local jurisdictions retain the power to assess fees and taxes, as applicable, on facilities that are licensed pursuant to this chapter and the business activities of those licensees. +(g) Nothing in this chapter shall be construed to supersede or limit state agencies, including the Department of Food and Agriculture, the State Water Resources Control Board, and the Department of Fish and Wildlife, from establishing fees to support their medical cannabis regulatory programs. +(h) (1) Notwithstanding any other provision of this chapter: +(A) With regard to commercial cannabis activity in the City of Los Angeles, the licensing authorities shall not require a local license, permit, or other authorization and shall issue a state license to engage in commercial cannabis activity only if the licensing authorities determine the applicant satisfies all of the requirements of this act and demonstrates that it meets all of the following criteria established by Measure D, approved by the voters of the City of Los Angeles at the May 21, 2013, general election: +(i) The applicant was operating in the City of Los Angeles as a medical marijuana business by September 14, 2007, as evidenced by a business tax registration certificate issued by the City of Los Angeles on or before November 13, 2007. +(ii) The applicant registered with the City of Los Angeles city clerk by November 13, 2007, in accordance with all of the requirements of the City of Los Angeles’ Interim Control Ordinance. +(iii) The applicant obtained a City of Los Angeles business tax registration for taxation as a medical marijuana collective (class L050). +(B) A state license issued pursuant to this paragraph for commercial cannabis activity shall have the same force and effect and shall confer the same benefits and responsibilities as licenses issued to licensees outside the City of Los Angeles that obtain a license, permit, or other authorization from the local jurisdiction. +(C) The determination of the licensing authority that an applicant for a state license meets the criteria listed in subparagraph (A) shall be based on a written or electronic notification provided to the licensing authority by the City of Los Angeles that the applicant has met the criteria. If the City of Los Angeles does not provide written or electronic notification to the licensing authority confirming an applicant has met the criteria, the licensing authority shall not issue a state license. +(2) Notwithstanding paragraph (1), if the voters of Los Angeles approve an initiative, after January 1, 2016, but prior to the time that the State of California begins issuing state licenses, that authorizes the City of Los Angeles to issue local licenses to medical marijuana businesses in Los Angeles, the exemption for local licensing in Los Angeles as set forth in paragraph (1) shall be superseded by the local licensing requirements as enacted by that initiative.","Existing law, the Medical Cannabis Regulation and Safety Act (MCRSA), provides for the licensure and regulation of medical cannabis and requires all commercial cannabis activity to be conducted between licensees. Existing law establishes the Bureau of Medical Cannabis Regulation within the Department of Consumer Affairs. Existing law authorizes licensing authorities to only issue state licenses to qualified applicants. Existing law, upon the date of implementation of regulations by the licensing authority, prohibits a person from engaging in commercial cannabis activity without possessing both a state license and a local permit, license, or other authorization. +This bill would instead prohibit a person from engaging in commercial cannabis activity without possessing both a state license and a local permit, license, or other authorization one year after the bureau posts a notice on its Internet Web site that the licensing authorities have commenced issuing licenses. The bill would also, with regard to commercial cannabis activity in the City of Los Angeles, prohibit licensing authorities from requiring a local license, permit, or other authorization, and would require the issuance of a state license, if the authorities determine, as specified, that the applicant meets all of the requirements of MCRSA and specified criteria relating to Measure D, which was approved by the voters of the City of Los Angeles at the May 21, 2013, general election. The bill would further provide that a license issued pursuant to the above provision has the same force and effect, and confers the same benefits and responsibilities, as licenses issued to licensees not subject to the above-described exception. The bill would require the exemption to the local licensing requirement provided by these provisions to be superseded by a subsequent initiative authorizing the City of Los Angeles to issue local licenses to medical marijuana businesses in the city if the voters of Los Angeles approve the initiative prior to the time the State of California begins issuing state licenses.","An act to amend Section 19320 of the Business and Professions Code, relating to marijuana." +1097,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 66602 of the Education Code is amended to read: +66602. +(a) The board shall be composed of the following five ex officio members: the Governor, the Lieutenant Governor, the Superintendent of Public Instruction, the Speaker of the Assembly, and the person named by the trustees to serve as the Chancellor of the California State University; a representative of the alumni associations of the state university, selected for a two-year term by the alumni council, California State University, which representative shall not be an employee of the California State University during the two-year term; and 16 members appointed by the Governor and subject to confirmation by two-thirds of the membership of the Senate. +(b) (1) Two students from the California State University, who shall have at least sophomore year standing at the institutions they attend, and who remain in good standing as students during their respective terms, shall also be appointed by the Governor to serve on the board for two-year terms. +(2) In the selection of students as members of the board, the Governor shall appoint the students from lists of names of at least two, but not more than five, persons furnished by the governing board of any statewide student organization that represents the students of the California State University and the student body organizations of the campuses of the California State University. Any appointment to fill a vacancy of a student member shall be effective only for the remainder of the term of the student member’s office that became vacated. +(3) The term of office of one student member of the board shall commence on July 1 of an even-numbered year and expire on June 30 two years thereafter. The term of office of the other student member of the board shall commence on July 1 of an odd-numbered year and expire on June 30 two years thereafter. Notwithstanding paragraph (1), a student member who graduates from his or her college or university on or after January 1 of the second year of his or her term of office may serve the remainder of the term. +(4) (A) During the first year of a student member’s term, a student member shall be a member of the board and may attend all meetings of the board and its committees. At these meetings, a student member may fully participate in discussion and debate, but may not vote. During the second year of a student member’s term, a student member may exercise the same right to attend meetings of the board, and its committees, and shall have the same right to vote as the members appointed pursuant to subdivision (a). +(B) Notwithstanding subparagraph (A), during the first year of a student member’s term, the student member may vote at a board meeting if the other student member is absent from that meeting due to illness, a family emergency, or a medical emergency. +(5) Notwithstanding paragraph (4), if a student member resigns from office or a vacancy is otherwise created in that office during the second year of a student member’s term, the remaining student member shall immediately assume the office created by the vacancy and all of the participation privileges of the second-year student member, including the right to vote, for the remainder of that term of office. +(6) A student member shall have his or her tuition fee waived for the duration of his or her term of office. +(c) (1) A faculty member from the California State University, who shall be tenured at the California State University campus at which he or she teaches, shall also be appointed by the Governor to serve on the board for a two-year term. In the selection of a faculty member as a member of the board, the Governor shall appoint the faculty member from a list of names of at least two persons furnished by the Academic Senate of the California State University. +(2) The faculty member of the board appointed by the Governor pursuant to this subdivision shall not participate on any subcommittee of the board responsible for collective bargaining negotiations. +(3) The two-year term of office of the faculty member of the board shall commence on July 1, and, if the Governor has not appointed a successor under paragraph (1), the faculty member may remain in office after the term expires for one additional year, or until a successor is appointed by the Governor, whichever occurs first. +(d) (1) (A) One of the 16 appointive members of the board referenced in subdivision (a) shall be a permanent nonfaculty employee, who is not in a management personnel plan, a confidential classification, or an excluded classification. An independent systemwide staff council, that is formed solely for this purpose and consists of permanent employees who are not management personnel and who are not in confidential or excluded classifications, shall provide a list of two nominees for the Governor’s consideration, and the Governor shall appoint one of these nominees to fill a vacancy in an appointive position on the board. This appointive position on the board shall thereafter be filled only by permanent nonfaculty employees appointed in accordance with this subdivision. +(B) The employee organizations of permanent nonfaculty employees of the California State University shall fund the systemwide staff council to be established pursuant to this paragraph. +(2) The permanent nonfaculty employee member of the board appointed pursuant to this subdivision shall not participate on any subcommittee of the board responsible for collective bargaining negotiations. +(3) The permanent nonfaculty employee member of the board appointed pursuant to this subdivision shall receive compensation for board service only as authorized pursuant to Section 66604.5.","Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University. Existing law provides for the membership of the Trustees of the California State University to include 5 specified ex officio members, 16 members appointed by the Governor and subject to confirmation by the Senate, one representative of the alumni associations, 2 student members appointed by the Governor, and a faculty member appointed by the Governor. +This bill would require the Governor to appoint a permanent nonfaculty employee of the university as one of the 16 appointive members of the board, as specified. The bill would require a systemwide staff council, as specified, to provide to the Governor a list of 2 nominees for the Governor’s consideration, and would require the Governor to appoint one of the nominees to fill a vacancy in an appointive position on the board. The bill would require that this appointive position on the board thereafter be filled only by permanent nonfaculty employees appointed in accordance with this bill. The bill would provide that the permanent nonfaculty employee member of the board shall receive for board service only actual and necessary travel expenses and $100 for each day he or she is attending to official business of the trustees.","An act to amend Section 66602 of the Education Code, relating to postsecondary education." +1098,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 7 (commencing with Section 34390) is added to Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, to read: +Article 7. Department of Housing and Community Development Report to the Legislature +34390. +(a) For purposes of this section: +(1) “Department” shall refer to “The Department of Housing and Community Development.” +(2) “Agency” shall refer to “California Housing Finance Agency.” +(b) The department, in conjunction with the agency, shall report to the Legislature, no later than January 1, 2018, on ways to increase homeownership for extremely low, very low, and low-income households. In preparing this report, the department and the agency shall develop a survey to gather information, including, but not limited to, the following: +(1) The number of housing authorities in California, and the number of single-family properties owned by housing authorities that are available for lease to extremely low, very low, and low-income families. +(2) The number of single-family homes owned by housing authorities in the last five years that were converted to ownership, and the names and descriptions of the programs through which the conversions were made. +(3) The number of single-family homes that were purchased by housing authorities using the federal Neighborhood Stabilization Program (NSP) funding. +(4) The number of housing authorities that have a Section 32 Homeownership Plan through the United States Department of Housing and Urban Development. +(5) The number of housing authorities that administer the federal Family Self-Sufficiency Program. +(c) The department and the agency shall work with any applicable association that represents housing authorities in California, in order to obtain a successful response rate to the survey described in subdivision (b) in order to capture the most accurate information. +(d) The report required by subdivision (b) shall also identify the following: +(1) Barriers or impediments to transitioning into homeownership for extremely low, very low, and low-income people. +(2) Using several case studies of local housing authorities with successful homeownership programs, potential best practices for other housing authorities to follow. +(3) Strategies to target extremely low, very low, and low-income people for homeownership programs. +(4) Funding programs for homeownership and other opportunities to help transition low and very-low income people to homeownership. +(e) (1) The report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. +(2) Pursuant to Section 10231.5 of the Government Code, this article is repealed on January 1, 2022. +SECTION 1. +Article 13 (commencing with Section 50295) is added to Chapter 1 of Part 1 of Division 1 of Title 5 of the +Government Code +, to read: +13. +Pathway To Home Ownership +50295. +(a)As used in this section the following terms have the following meanings: +(1)“Local government agency” means a city or county, including a charter city, charter county, or charter city and county, or any agency, authority, or department thereof. +(2)“Purchaser” means the tenant of a single family residence owned by a local government agency that utilizes the program to purchase a single-family residence. +(3)“Single-family residence” means a real property improvement used, or intended to be used, as a dwelling unit for one family. +(b)On or before January 1, 2018, each local government agency that owns and leases any single-family residence shall create a mortgage program that meets the following requirements: +(1)Allocates 10 percent of all single family residences that the local government agency owns and leases to become eligible for purchase by tenants of the single family residence. +(2)Provides a mortgage to eligible tenants of single family residences that allows those tenants to purchase the single-family residence they are presently leasing. +(3)Offers a required informational session for interested tenants to attend prior to purchase of a single-family residence through the program. The session shall educate potential purchasers on their legal rights and obligations in purchasing a property through the program. +(4)Requires a valuation by the county assessor of any property being purchased through the program. +(5)Offers a wait list for persons interested in purchasing a property through the program if the local government agency has already met the 10-percent threshold with properties in the process of being purchased. +(c)The local government agency shall adopt regulations for the administration of the mortgage program that shall include, but are not limited to, the following: +(1)Mortgage eligibility requirements that are limited to tenants that qualify as extremely low income households, as defined by Section 50106 of the Health and Safety Code, very low income households, as defined by Section 50105 of the Health and Safety Code, lower income households, as defined by Section 50079.5 of the Health and Safety Code, or persons and families of low or moderate income. +(2)(A)The maximum length of the mortgage, which shall not exceed 30 years. Except as provided in subparagraph (B), the monthly payment paid by a purchaser, including principal, interest, insurance, property taxes and other property-related assessments and taxes, and any required mortgage insurance, amortized over the term of the mortgage, shall not exceed the amount the purchaser previously paid as a tenant for occupancy in the property. +(B)A local government agency may reduce the payment requirements for purchasers with extremely low income, as necessary. +(3)The local government agency may decline to offer use of the program to a prospective purchaser if it determines that the purchaser would not be able to consistently make on-time payments. A prospective purchaser shall be permitted to reapply at a later date if the local government agency declines to offer the prospective purchaser use of the program. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Housing Authorities Law, declares that providing safe and sanitary dwelling accommodations for persons of low income is a public use and purpose for which public money may be spent and private property acquired, and is a governmental function of state concern. Existing law establishes procedures by which a local government may create or authorize a local housing authority to operate within it for this purpose. Existing law authorizes those housing authorities to convey surplus lands, as specified, for the development of homes for ownership by persons and families of low or moderate income. Existing law requires every local housing authority within a county or city to file on the first day of October of each year with the Department of Housing and Community Development a complete report of its activities during the previous fiscal year, with specified recommendations. +This bill would require the department, in conjunction with the California Housing Finance Agency to report, no later than January 1, 2018, on ways to increase homeownership for extremely low, very low, and low-income households. The bill would require the department and the agency to carry out and include in the report a survey of housing authorities in California, as specified. +Existing law declares the intent of the Legislature to preserve, upgrade, and expand the supply of housing to persons and families of low or moderate income, through the sale of specified surplus residential property owned by public agencies. Existing law establishes priorities and procedures that any state agency disposing of that surplus residential property is required to follow. +This bill, on or before January 1, 2018, would require every local government agency, as defined, to adopt a mortgage program that, among other things, allocates 10% of all single-family residences that the local government agency owns and leases to become eligible for purchase by tenants presently occupying the single–family residence. The bill would require each local government agency to adopt regulations for the administration of the program that include, among other things, eligibility requirements that limit the program to use by persons with extremely low income households, very low income households, lower income households, or persons and families of low or moderate income. By imposing new duties on local government agencies, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add +and repeal +Article +13 (commencing with Section 50295) to +7 (commencing with Section 34390) of +Chapter 1 of Part +1 of Division 1 of Title 5 of the Government +2 of Division 24 of the Health and Safety +Code, relating to +local government. +housing." +1099,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1179 of the Welfare and Institutions Code is amended to read: +1179. +(a) +All persons +Each person +honorably discharged from control of the +Youth Authority Board +Department of Corrections and Rehabilitation, Division of Juvenile Justice by the Board of Parole Hearings, Juvenile Division, or from the control of the county probation department by the juvenile court +shall thereafter be released from all penalties or disabilities resulting from the offenses for which they were committed, including, but not limited to, any disqualification for any employment or occupational license, or both, created by any other +provision of +law. However, that +a +person +shall +is +not +be +eligible for appointment as a peace officer employed by any public agency if his or her appointment +would +is +otherwise +be +prohibited by Section 1029 of the Government Code. +(b) Notwithstanding +the provisions of +subdivision (a), +that +a +person may be appointed and employed as a peace officer by the Department of +the Youth Authority +Corrections and Rehabilitation, Division of Juvenile Justice +if (1) at least five years have passed since his or her honorable discharge, and the person has had no misdemeanor or felony convictions except for traffic misdemeanors since he or she was honorably discharged by the board +or the juvenile court +, or (2) the person was employed as a peace officer by the +department +Division of Juvenile Justice +on or before January 1, 1983. +No +A +person who is under the jurisdiction of the +department +Division of Juvenile Justice or county probation department +shall +not +be admitted to an examination for a peace officer position with the +department +Division of Juvenile Justice +unless and until the person has been honorably discharged from the jurisdiction of the +department by the Youth Authority Board. +Division of Juvenile Justice or county probation department pursuant to subdivision (a). +(c) +Upon +In the case of a person discharged from the control of the Department of Corrections and Rehabilitation, Division of Juvenile Justice by the Board of Parole Hearings, upon +the final discharge or dismissal of +any such +the +person, the +Department of the Youth Authority +department +shall immediately certify the discharge or dismissal in writing, and shall transmit the certificate to the court by which the person was committed. The court shall thereupon dismiss the accusation and the action pending against that person. +SEC. 2. +Section 1772 of the Welfare and Institutions Code is amended to read: +1772. +(a) Subject to subdivision (b), every person honorably discharged from control +of the Department of Corrections and Rehabilitation, Division of Juvenile Justice +by the +Youth Authority Board +Board of Parole Hearings, Juvenile Division or from the control of the county probation department by the juvenile court +who has not, during the period of control by the +authority +Division of Juvenile Justice or county probation department +, been placed by the +authority +Board of Parole Hearings, Juvenile Division or county probation department +in a state prison shall thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed, and every person discharged may petition the court which committed him or her, and the court may upon that petition set aside the verdict of guilty and dismiss the accusation or information against the petitioner who shall thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed, including, but not limited to, any disqualification for any employment or occupational license, or both, created by any other provision of law. +(b) Notwithstanding subdivision (a) +, all of the following shall apply +: +(1) A person described by subdivision (a) shall not be eligible for appointment as a peace officer employed by any public agency if his or her appointment would otherwise be prohibited by Section 1029 of the Government Code. However, that person may be appointed and employed as a peace officer by the Department of +the Youth Authority +Corrections and Rehabilitation, Division of Juvenile Justice +if (A) at least five years have passed since his or her honorable discharge, and the person has had no misdemeanor or felony convictions except for traffic misdemeanors since he or she was honorably discharged by the +Youth Authority Board +board or by a juvenile court +, or (B) the person was employed as a peace officer by the +Department of the Youth Authority +Division of Juvenile Justice +on or before January 1, 1983. +No +A +person who is under the jurisdiction of the +Department of the Youth Authority +Division of Juvenile Justice or county probation department +shall +not +be admitted to an examination for a peace officer position with the +department +Division of Juvenile Justice +unless and until the person has been honorably discharged from the jurisdiction of the +Youth Authority Board. +Division of Juvenile Justice or county probation department pursuant to subdivision (a). +(2) A person described by subdivision (a) is subject to Chapter 2 (commencing with Section 29800) and Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of the Penal Code. +(3) The conviction of a person described by subdivision (a) for an offense listed in subdivision (b) of Section 707 is admissible in a subsequent criminal, juvenile, or civil proceeding if otherwise admissible, if all the following are true: +(A) The person was 16 years of age or older at the time he or she committed the offense. +(B) The person was found unfit to be dealt with under the juvenile court law pursuant to Section 707 because he or she was alleged to have committed an offense listed in subdivision (b) of Section 707. +(C) The person was tried as an adult and convicted of an offense listed in subdivision (b) of Section 707. +(D) The person was committed to the Department of +the Youth Authority +Corrections and Rehabilitation, Division of Juvenile Justice +for the offense referred to in subparagraph (C). +(4) The conviction of a person described by subdivision (a) may be used to enhance the punishment for a subsequent offense. +(5) The conviction of a person who is 18 years of age or older at the time he or she committed the offense is admissible in a subsequent civil, criminal, or juvenile proceeding, if otherwise admissible pursuant to law. +(c) Every person discharged from control by the +Youth Authority Board +Board of Parole Hearings, Juvenile Division or from the county probation department by the juvenile court +shall be informed of the provisions of this section in writing at the time of discharge. +(d) “Honorably discharged” as used in this section means and includes every person whose discharge is based upon a good record on +parole +supervised release +.","Existing law requires that all persons honorably discharged from the control of the Department of Corrections and Rehabilitations, Division of Juvenile Justice, to thereafter be released from all penalties or disabilities resulting from the offense for which they were committed. Existing law separately requires that every person discharged from the control of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, who has not, during the period of control, been placed in a state prison, to thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed. +This bill would require all persons honorably discharged from the control of the Department of Corrections and Rehabilitation, Division of Juvenile Justice by the Board of Parole Hearings, Juvenile Division or from the control of the county probation department by the juvenile court to be released from all penalties or disabilities resulting from the offense for which they were committed. The bill would require that each person honorably discharged from the control of the Department of Corrections and Rehabilitation, Division of Juvenile Justice by the Board of Parole Hearings, Juvenile Division, and each person discharged from the control of the county probation department by the juvenile court who has not, during the period of control, been placed in a state prison, to thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed.","An act to amend Sections 1179 and 1772 of the Welfare and Institutions Code, relating to juveniles." +1100,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 44559.11 of the Health and Safety Code is amended to read: +44559.11. +(a) It is the intent of the Legislature to ensure that the state, through the authority, may make maximum, efficient use of capital access programs enacted by all federal and state agencies, as well as funding available from any governmental program whose goals may be advanced by providing funding to the Capital Access Loan Program. +(b) In furtherance of this intent, and notwithstanding any other provision of this article, when the contributions required pursuant to Section 44559.4 are entirely funded by a +source +public or quasi-public entity +other than the +authority, +authority’s fee revenue under Sections 44525 and 44548, +the authority may, by regulation adopted pursuant to subdivision (b) of Section +44520, +44520 or subdivision (e) of Section 44559.14, +establish alternate provisions as necessary to enable the authority to participate in the alternative funding source +program. +program, including implementing loan loss reserve programs to benefit any individual person engaged in qualifying activities in furtherance of the public or quasi-public entity’s policy objectives in the state that require financing. +SEC. 2. +Section 44559.14 is added to the Health and Safety Code, to read: +44559.14. +(a) (1) It is the intent of the Legislature in enacting the act adding this section to create and fund a program to assist residential property owners and small business owners in seismically retrofitting residences and small businesses. It is not the intent of the Legislature to assist the physical expansion of small businesses and residences. +(2) The Legislature hereby establishes the California Seismic Safety Capital Access Loan Program. The program shall cover losses on qualified loans by participating lenders to qualified residential property owners or qualified small businesses for eligible projects, as specified under this section. The program shall be administered by the California Pollution Control Financing Authority and follow the terms and conditions for the Capital Access Loan Program in this article with the additional program requirements specified under this section. +(b) For purposes of this section, unless the context requires otherwise, the following words and terms shall have the following meanings: +(1) “Seismic retrofit construction” means alteration performed on or after January 1, 2017, of a qualified building or its components to substantially mitigate seismic damage. “Seismic retrofit construction” includes, but is not limited to, all of the following: +(A) Anchoring the structure to the foundation. +(B) Bracing cripple walls. +(C) Bracing hot water heaters. +(D) Installing automatic gas shutoff valves. +(E) Repairing or reinforcing the foundation to improve the integrity of the foundation against seismic damage. +(F) Anchoring fuel storage. +(G) Installing an earthquake-resistant bracing system for mobilehomes that are registered with the Department of Housing and Community Development. +(2) “Eligible costs” means the costs paid or incurred on or after January 1, 2017, for an eligible project, including any engineering or architectural design work necessary to permit or complete the eligible project less the amount of any grant provided by a public entity for the eligible project. “Eligible costs” do not include costs paid or incurred for any of the following: +(A) Maintenance, including abatement of deferred or inadequate maintenance, and correction of violations unrelated to the seismic retrofit construction. +(B) Repair, including repair of earthquake damage. +(C) Seismic retrofit construction required by local building codes as a result of addition, repair, building relocation, or change of use or occupancy. +(D) Other work or improvement required by local building or planning codes as a result of the intended seismic retrofit construction. +(E) Rent reductions or other associated compensation, compliance actions, or other related coordination involving the qualified residential property owner or qualified small business and any other party, including a tenant, insurer, or lender. +(F) Replacement of existing building components, including equipment, except as needed to complete the seismic retrofit construction. +(G) Bracing or securing nonpermanent building contents. +(H) The offset of costs, reimbursements, or other costs transferred from the qualified residential property owner or qualified small business to others. +(3) “Eligible project” means seismic retrofit construction that is necessary to ensure that the qualified building is capable of substantially mitigating seismic damage, and the financing necessary to pay eligible costs of the project. +(4) “Qualified building” means a building that is certified by the appropriate local building code enforcement authority for the jurisdiction in which the building is located as hazardous and in danger of collapse in the event of a catastrophic earthquake. +(5) “Qualified loan” means a loan or portion of a loan as defined in subdivision (j) of Section 44559.1, where the proceeds of the loan or portion of the loan are limited to the eligible costs for an eligible project under this program, and where the loan or portion of the loan does not exceed two hundred fifty thousand dollars ($250,000). +(6) “Qualified small business” means a business referred to in subdivisions (i) and (m) of Section 44559.1 that owns and occupies, or intends to occupy, a qualified building for the operation of the business. +(7) “Qualified residential property owner” means either an owner and occupant of a residential building that is a qualified building or a qualified small business that owns one or more residential buildings, including a multiunit housing building, that is a qualified building. +(c) (1) The California Seismic Safety Capital Access Loan Program Fund is established in the State Treasury and shall be administered by the authority pursuant to Sections 44548 and 44549 for this program. For purposes of this section, the references in Sections 44548 and 44549 to “small business” shall include “qualified residential property owner,” as defined in this section. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the authority for carrying out this section. The authority may divide the fund into separate accounts. All moneys accruing to the authority pursuant to this section from any source shall be deposited into the fund. +(2) All moneys in the fund derived from any source shall be held in trust for the life of this program, for program expenditures and costs of administering this section, as follows: +(A) Program expenditures shall include both of the following: +(i) Contributions paid by the authority in support of qualified loans. +(ii) Costs for a qualified expert to validate that the proceeds of the loans are eligible costs, as defined under this section. +(iii) Reasonable costs to educate the small business community, residential property owners, and participating lenders about the program, including travel within the state. +(B) Administrative expenditures shall be limited to 5 percent of the initial appropriation plus 5 percent of all moneys recaptured, and shall include all of the following: +(i) Personnel costs. +(ii) Service and vending contracts, other than program expenditures described in subparagraph (A), that are necessary to carry out the program. +(iii) Other reasonable direct and indirect administrative costs. +(3) The authority may direct the Treasurer to invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code as the authority shall designate. The authority may direct the Treasurer to deposit moneys in interest-bearing accounts in state or national banks or other financial institutions having principal offices located in the state. The authority may alternatively require the transfer of moneys in the fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. All interest or other increment resulting from an investment or deposit shall be deposited into the fund, notwithstanding Section 16305.7 of the Government Code. Moneys in the fund shall not be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, excepting the Surplus Money Investment Fund. +(d) The authority shall adopt regulations pursuant to Section 44520 to implement the program, including provisions to: +(1) Establish a new loss reserve account for each participating lender enrolling loans in this program. +(2) Obtain a certification from each participating lender and qualified small business or qualified residential property owner upon enrollment of a qualified loan that the proceeds of the loan will be used for the eligible costs of an eligible project. +(3) Contribute an additional incentive from the fund for each loan enrolled for a qualified small business or qualified residential property owner located in a severely affected community. +(4) Restrict the enrollment of a qualified loan in any other Capital Access Loan Program for a qualified small business or qualified residential property owner offered by the authority as long as funds are available for this program. +(5) Limit the term of loss coverage for each qualified loan to no more than 10 years. +(6) Recapture from the loss reserve account the authority’s contribution for each enrolled loan upon the maturation of that loan or after 10 years from the date of enrollment, whichever happens first, to be deposited in the fund and applied to future program and administrative expenditures. +(e) The authority may adopt regulations relating to residential property owner or small business financing as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of that Chapter 3.5, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall be repealed 180 days after their effective date, unless the adopting authority or agency complies with that Chapter 3.5.","Existing law establishes the Capital Access Loan Program to assist small businesses in financing the costs of complying with environmental mandates and the remediation of contamination on their properties, and also establishes within the program the California Americans with Disabilities Act Small Business Capital Access Loan Program to assist small businesses in financing the costs of projects that alter or retrofit existing small business facilities to comply with the federal Americans with Disabilities Act. Under existing law, both programs are administered by the California Pollution Control Financing Authority (authority). +This bill would establish within the Capital Access Loan Program the California Seismic Safety Capital Access Loan Program to assist residential property owners and small business owners in seismically retrofitting residences and small businesses by covering losses on qualified loans for those purposes, as specified. The bill would require the authority to administer the program, including regulations and funds received for the program, as specified. The bill would also authorize the authority to, by regulation, implement loan loss reserve programs to benefit any individual person engaged in qualifying activities that require financing, as specified. +This bill would establish the California Seismic Safety Capital Access Loan Program Fund and would continuously appropriate that fund to the authority to carry out the purposes of the California Seismic Safety Capital Access Loan Program. +The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. +This bill, for taxable years beginning on or after January 1, 2017, and before January 1, 2022, would allow a tax credit under both laws in an amount equal to 30% of the qualified costs paid or incurred by a qualified taxpayer for any seismic retrofit construction on a qualified building, as provided. The bill would require a taxpayer, in order to be eligible for the credit, to obtain 2 certifications from the appropriate jurisdiction with authority for building code enforcement of the area in which the building is located: one prior to seismic retrofit construction that certifies that the building is an at-risk property, and a second subsequent to construction that certifies that the completed construction is seismic retrofit construction, as defined, and specifies a dollar amount of qualified costs. The bill would further require the taxpayer to provide the second certification to, and apply for the allocation of the credit with, the Franchise Tax Board. The bill would require the Franchise Tax Board to allocate credits on a first-come-first-served basis. The bill would provide that the credit would have an aggregate cap under both laws of $12,000,000 plus the amount of previously unallocated credit for each calendar year, as provided. +Existing law requires a bill that would authorize a new credit against the tax imposed by the Personal Income Tax Law or the Corporation Tax Law to contain specific goals, purposes, and objectives that the new credit will achieve and detailed performance indicators and data collection requirements for determining whether the new credit achieves these goals, purposes, and objectives. +This bill would make findings specifying the goals, purposes, and objectives of the above-described tax credits and detailing the performance indicators and data collection requirements for determining whether the credits meet these goals, purposes, and objectives. +This bill would take effect immediately as a tax levy.","An act to add and repeal Sections 17053.50 and 23650 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. +An act to amend Section 44559.11 of, and to add Section 44559.14 to, the Health and Safety Code, relating to seismic safety, and making an appropriation therefor." +1101,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 44977.5 of the Education Code is amended to read: +44977.5. +(a) (1) Notwithstanding any other law, during each school year, a person employed in a position requiring certification qualifications may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. +(2) In school districts that use the differential pay system described in Section 44977, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to a substitute had he or she been employed. The school district shall make every reasonable effort to secure the services of a substitute employee. +(3) In school districts that use the differential pay system described in Section 44983, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the person shall be compensated at no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave. +(b) For purposes of subdivision (a), all of the following apply: +(1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. +(2) A person employed in a position requiring certification qualifications shall not be provided more than one 12-week period for parental leave during any 12-month period. +(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period. +(c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing school district. +(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in a position requiring certification qualifications is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section. +(e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section. +(f) For purposes of this section, “parental leave” means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. +SEC. 2. +Section 45196.1 is added to the Education Code, to read: +45196.1. +(a) (1) Notwithstanding any other law, during each school year, a classified employee may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. +(2) In school districts that use the differential pay system described in the first paragraph of Section 45196, when a employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. +(3) In school districts that use the differential pay system described in the last paragraph of Section 45196, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave. +(b) For purposes of subdivision (a), all of the following apply: +(1) The 12-workweek period of parental leave shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. +(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period. +(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period. +(c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing school district. +(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a classified employee is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section. +(e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section. +(f) For purposes of this section, “parental leave” means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. +SEC. 3. +Section 87780.1 is added to the Education Code, to read: +87780.1. +(a) (1) Notwithstanding any other law, during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. +(2) In community college districts that use the differential pay system described in Section 87780, when a employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a temporary employee employed to fill his or her position during his or her absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she been employed. +(3) In community college districts that use the differential pay system described in Section 87786, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave. +(b) For purposes of subdivision (a), all of the following apply: +(1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. +(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period. +(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period. +(c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing community college district. +(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in an academic position is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section. +(e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section. +(f) For purposes of this section,“parental leave” means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. +SEC. 4. +Section 88196.1 is added to the Education Code, to read: +88196.1. +(a) (1) Notwithstanding any other law, during each school year, a classified employee may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. +(2) In the community college districts that use the differential pay system described in the first paragraph of Section 88196, when a employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. +(3) In community college districts that use the differential pay system described in the last paragraph of Section 88196, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave. +(b) For purposes of subdivision (a), all of the following apply: +(1) The 12-workweek period of parental leave shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. +(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period. +(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period. +(c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing community college district. +(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a classified employee is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section. +(e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section. +(f) For purposes of this section, “parental leave” means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee.","Under existing law, when a person employed in a position requiring certification qualifications exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, he or she, during that additional period, receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. Existing law also provides the differential pay benefit described above for up to 12 school weeks if the person employed in a position requiring certification qualifications is absent on account of maternity or paternity leave. Existing law provides that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of maternity or paternity leave. Existing law prohibits a person employed in a position requiring certification qualifications on maternity or paternity leave pursuant to the Moore-Brown-Roberti Family Rights Act from being denied access to differential pay while on that leave. +This bill would additionally provide that if a school district maintains a rule that credits a person employed in a position requiring certification qualifications at least 100 working days of sick leave paid at no less than 50% of his or her regular salary, when he or she has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave, the person employed in a position requiring certification qualifications would be compensated at no less than 50% of his or her regular salary for the remaining portion of the 12-workweek period of parental leave. The bill would no longer require a person employed in a position requiring certification qualifications to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period. +Under existing law, when a classified school employee in certain school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. Under existing law, when a classified school employee in certain other school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives at least 50% of the employee’s regular salary. +This bill would additionally provide the differential pay benefits described above for up to 12 workweeks if the classified school employee is absent on account of parental leave, as defined. The bill would provide that the 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. The bill would no longer require a classified employee to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period. +Under existing law, when a person employed in an academic position in a community college district exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the person employed in an academic position during that additional period receives the difference between his or her salary and the sum that is actually paid a temporary employee employed to fill his or her position during his or her absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she been employed. +This bill would additionally provide the differential pay benefit described above for up to 12 workweeks if the person employed in an academic position is absent on account of parental leave, as defined, as specified. The bill would provide that the 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. The bill would additionally provide that if a community college district maintains a rule that credits a person employed in an academic position at least 100 working days of sick leave paid at no less than 50% of the employee’s regular salary, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave, the employee would be compensated at no less than 50% of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave. The bill would no longer require a person employed in an academic position to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period.","An act to amend Section 44977.5 of, and to add Sections 45196.1, 87780.1, and 88196.1 to, the Education Code, relating to school employees." +1102,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11834.02 of the Health and Safety Code is amended to read: +11834.02. +(a) As used in this chapter, “alcoholism or drug abuse recovery or treatment facility or facilities,” “facility,” or “facilities” means any premises, place, or building that provides 24-hour residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. +(b) As used in this chapter, “adults” may include, but is not limited to, all of the following: +(1) Mothers over 18 years of age and their children. +(2) Emancipated minors, which may include, but is not limited to, mothers under 18 years of age and their children. +(c) As used in this chapter, “emancipated minors” means persons under 18 years of age who have acquired emancipation status pursuant to Section 7002 of the Family Code. +(d) As used in this chapter, “integral facilities” means any combination of two or more facilities located on the same or different parcels that collectively serve seven or more persons, not including the licensee or members of the licensee’s family or persons employed as facility staff, and that are under the control or management of the same owner, operator, management company, or licensee, or any affiliate of any of them, or which together comprise one operation or enterprise. Integral facilities shall include, but not be limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service at another facility or facilities, or by assigning staff or a consultant to provide services to or in more than one facility. +(e) Notwithstanding subdivision (a), an alcoholism or drug abuse recovery or treatment facility may serve adolescents upon the issuance of a waiver granted by the department pursuant to regulations adopted under subdivision (c) of Section 11834.50. +SEC. 2. +Section 11834.09 of the Health and Safety Code is amended to read: +11834.09. +(a) Upon receipt of a completed written application, fire clearance, and licensing fee from the prospective licensee, and subject to the department’s review and determination that the prospective licensee can comply with this chapter and regulations adopted pursuant to this chapter, the department shall issue a single license to the following types of alcoholism or drug abuse recovery or treatment facilities: +(1) A residential facility, other than integral facilities. +(2) Integral facilities, as defined in subdivision (d) of Section 11834.02. +(b) Failure to submit a completed written application, fire clearance, and payment of the required licensing fee in a timely manner shall result in termination of the department’s licensure review and shall require submission of a new application by the prospective licensee. +(c) Failure of the prospective licensee to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the prospective licensee’s application for licensure. +SEC. 3. +Section 11834.20 of the Health and Safety Code is amended to read: +11834.20. +(a) The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need. +(b) (1) +It shall be presumed that local need is satisfied, and the department shall +For any licensing application submitted on or after January 1, 2017, the department may +deny an application for a new facility license, if the proposed location is in proximity to an existing facility that would result in overconcentration. +(2) As used in this section, “overconcentration” means that if a new license is issued, two or more alcoholism or drug abuse recovery or treatment facilities will be separated by a distance of 300 feet or less, as measured from the nearest property line on which an existing facility is located to the nearest property line of the proposed facility. The siting of facilities that combine to form integral facilities within 300 feet of one another shall not result in overconcentration. +(3) +Notwithstanding paragraphs (1) and (2), based +Based +on special local needs and conditions, the department may approve a separation distance of less than 300 feet if the proximity of facilities to one another would not conflict with regulations of the city or county in which the proposed facility will be located. +(c) Any city or county may request denial of the license applied for on the basis of an overconcentration of facilities. +(d) At least 45 days prior to approving any application for a new facility, the department or county licensing agency shall notify in writing the planning agency of the city, if the facility is to be located in the city, or the planning agency of the county, if the facility is to be located in an unincorporated area, of the proposed location of the facility. +(e) The provisions of this article apply equally to any chartered city, general law city, county, city and county, district, and any other local public entity. +(f) For the purposes of this article, “six or fewer persons” does not include the licensee or members of the licensee’s family or persons employed as facility staff. +SEC. 4. +Section 11834.23 of the +Health and Safety Code +is amended to read: +11834.23. +(a)Whether or not unrelated persons are living together, an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of the facility shall be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this article. +(b)For the purpose of all local ordinances, an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar term that implies that the alcoholism or drug abuse recovery or treatment home is a business run for profit or differs in any other way from a single-family residence. +(c)This section shall not be construed to forbid a city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons as long as the restrictions are identical to those applied to other single-family residences. +(d)This section shall not be construed to forbid the application to an alcoholism or drug abuse recovery or treatment facility of any local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity. However, the ordinance shall not distinguish alcoholism or drug abuse recovery or treatment facilities that serve six or fewer persons from other single-family dwellings or distinguish residents of alcoholism or drug abuse recovery or treatment facilities from persons who reside in other single-family dwellings. +(e)No conditional use permit, zoning variance, or other zoning clearance shall be required of an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons that is not required of a single-family residence in the same zone. +(f)Use of a single-family dwelling for purposes of an alcoholism or drug abuse recovery facility serving six or fewer persons shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 or local building codes. However, nothing in this section is intended to supersede Section 13143 or 13143.6, to the extent those sections are applicable to alcoholism or drug abuse recovery or treatment facilities serving six or fewer residents. +(g)This section shall not apply to integral facilities, as defined in subdivision (d) of Section 11834.02. +(h)A city, county, or city and county whose application of zoning ordinances to a licensed alcoholism or drug abuse recovery or treatment facility is restricted by this section is an interested party with standing to pursue any available administrative appeals or otherwise seek judicial review of the licensing decision of the department and enforce the provisions of this chapter. +SEC. 5. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the licensure, certification, and regulation of alcoholism or drug abuse recovery or treatment facilities, as defined, administered by the State Department of Health Care Services. Existing law authorizes the department, if certain criteria are met, to issue a single license to a residential facility or a facility wherein separate buildings or portions of a residential facility are integral components of a single alcoholism or drug abuse recovery or treatment facility and all of the components of the facility are managed by the same licensee. +This bill would instead require the department, if certain criteria are met, to issue a single license to a residential facility or integral facilities and would define “integral facilities” to mean any combination of 2 or more facilities located on the same or different parcels that collectively serve 7 or more persons, as specified, and that are under the control or management of the same entity, as specified, or which together comprise one operation or enterprise. +This bill would +require +authorize +the department to deny an application for a new facility license if the proposed location is in proximity to an existing facility that would result in overconcentration. The bill would define “overconcentration” as 2 or more alcoholism or drug abuse recovery or treatment facilities being separated by a distance of 300 feet or less, as specified, with the exception of facilities that combine to form integral facilities. The bill would +further +authorize the +department, notwithstanding this provision, +department +to approve a separation distance of less than 300 feet if the proximity of facilities to one another would not conflict with regulations of the city or county in which the proposed facility will be located. +The bill would authorize a city or county to request denial of the license applied for on the basis of an overconcentration of facilities. The bill would require the department or county licensing agency, at least 45 days prior to approving an application for a new facility, to notify the appropriate city or county planning agency, as specified, of the proposed location of the facility. By imposing new duties on local officials, the bill would create a state-mandated local program. +Existing law requires an alcoholism or drug abuse recovery or treatment facility that serves 6 or fewer persons to be considered a residential use of property, as specified, and requires the residents and operators of the facility to be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property. +This bill would provide that the above provision does not apply to integral facilities and would provide that a city, county, or city and county whose application of zoning ordinances to a licensed facility is restricted by these provisions is an interested party with standing to pursue any available administrative appeals or otherwise seek judicial review of the licensing decision of the department and enforce the above provisions. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 11834.02, 11834.09, +11834.20, and 11834.23 +and 11834.20 +of the Health and Safety Code, relating to alcoholism and drug abuse." +1103,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 230.8 of the Labor Code is amended to read: +230.8. +(a) (1) An employer who employs 25 or more employees working at the same location shall not discharge or in any way discriminate against an employee who is a parent of one or more children of the age to attend kindergarten or grades 1 to 12, inclusive, or a licensed child care provider, for taking off up to 40 hours each year, for the purpose of either of the following child-related activities: +(A) To find, enroll, or reenroll his or her child in a school or with a licensed child care provider, or to participate in activities of the school or licensed child care provider of his or her child, if the employee, prior to taking the time off, gives reasonable notice to the employer of the planned absence of the employee. Time off pursuant to this subparagraph shall not exceed eight hours in any calendar month of the year. +(B) To address a child care provider or school emergency, if the employee gives notice to the employer. +(2) If more than one parent of a child is employed by the same employer at the same worksite, the entitlement under paragraph (1) of a planned absence as to that child applies, at any one time, only to the parent who first gives notice to the employer, such that another parent may take a planned absence simultaneously as to that same child under the conditions described in paragraph (1) only if he or she obtains the employer’s approval for the requested time off. +(b) (1) The employee may utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence authorized by this section, unless otherwise provided by a collective bargaining agreement entered into before January 1, 1995, and in effect on that date. An employee also may utilize time off without pay for this purpose, to the extent made available by his or her employer. +(2) The employee shall annually be provided at least +24 +eight +hours of paid time off for the purposes of the planned absence authorized by this section, unless otherwise provided in a collective bargaining agreement entered into before January 1, 2017. +(3) Except as set forth in paragraph (2), the entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition that is agreed to on or after January 1, 1995. +(4) Notwithstanding paragraph (1), in the event that all permanent, full-time employees of an employer are accorded vacation during the same period of time in the calendar year, an employee of that employer may not utilize that accrued vacation benefit at any other time for purposes of the planned absence authorized by this section. +(c) The employee, if requested by the employer, shall provide documentation from the school or licensed child care provider as proof that he or she engaged in child-related activities permitted in subdivision (a) on a specific date and at a particular time. For purposes of this subdivision, “documentation” means whatever written verification of parental participation the school or licensed child care provider deems appropriate and reasonable. +(d) Any employee who is denied time off under this section, discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in terms and conditions of employment by his or her employer because the employee has taken or requested time off to engage in child-related activities permitted in subdivision (a) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, and appropriate equitable relief. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law shall be subject to a civil penalty in an amount equal to three times the amount of the employee’s lost wages and work benefits. +(e) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has exercised his or her rights as set forth in subdivision (a) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7. +(f) In each workplace of the employer, the employer shall display a poster in a conspicuous place containing all the information specified in paragraph (2) of subdivision (b). The Labor Commissioner shall create a poster containing this information and make it available to employers. The poster shall include all of the following: +(1) An employee is entitled to request and use +24 +eight +hours of paid time off for their child’s school-related activities. +(2) That retaliation or discrimination against an employee who requests paid time off or uses time off, or both, is prohibited and that an employee has the right under this article to file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against the employee. +(g) For purposes of this section, the following terms have the following meanings: +(1) “Parent” means a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child. +(2) “Child care provider or school emergency” means that an employee’s child cannot remain in a school or with a child care provider due to one of the following: +(A) The school or child care provider has requested that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or child care provider. +(B) Behavioral or discipline problems. +(C) Closure or unexpected unavailability of the school or child care provider, excluding planned holidays. +(D) A natural disaster, including, but not limited to, fire, earthquake, or flood.","Existing law prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, as defined, having custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive, for taking off up to 40 hours each year to find, enroll, or reenroll their child in a school, to participate in school activities, or address emergency situations at school, subject to specified conditions. Existing law requires an employee to use vacation or other paid time off when taking time off under these provisions and authorizes the use of unpaid time off, to the extent made available by the employer. +This bill would require an employer to annually provide an employee at least +24 +8 +hours of paid time off for the purposes of a planned absence under these provisions, except as specified, and would instead authorize an employee to use vacation or paid time off, or use unpaid time off, if available, when taking time off under these provisions. +The bill would provide a remedy to an employee whose request for time off under these provisions is denied by the employer. The bill would require the Labor Commissioner to create a poster listing the protections available to employees and would require an employer to post it at the workplace, as specified.","An act to amend Section 230.8 of the Labor Code, relating to employment." +1104,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 65852.22 is added to the Government Code, immediately following Section 65852.2, to read: +65852.22. +(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following: +(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence already built on the lot. +(2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. +(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following: +(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. +(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. +(4) Require a permitted junior accessory dwelling unit to be constructed within the existing walls of the structure, and require the inclusion of an existing bedroom. +(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second interior doorway for sound attenuation. +(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following: +(A) A sink with a maximum waste line diameter of 1.5 inches. +(B) A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas. +(C) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. +(b) (1) An ordinance shall not require additional parking as a condition to grant a permit. +(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine whether the junior accessory dwelling unit is in compliance with applicable building standards. +(c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. A permit shall be issued within 120 days of submission of an application for a permit pursuant to this section. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. +(d) For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. +(e) For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. +(f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. +(g) For purposes of this section, the following terms have the following meanings: +(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. +(2) “Local agency” means a city, county, or city and county, whether general law or chartered. +SEC. 2. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to allow local jurisdictions the ability to promulgate ordinances that create secure income for homeowners and secure housing for renters, at the earliest possible time, it is necessary for this act to take effect immediately.","The Planning and Zoning Law authorizes a local agency to provide by ordinance for the creation of 2nd units in single-family and multifamily residential areas, as prescribed. +This bill would, in addition, authorize a local agency to provide by ordinance for the creation of junior accessory dwelling units, as defined, in single-family residential zones. The bill would require the ordinance to include, among other things, standards for the creation of a junior accessory dwelling unit, required deed restrictions, and occupancy requirements. The bill would prohibit an ordinance from requiring, as a condition of granting a permit for a junior accessory dwelling unit, additional parking requirements. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Section 65852.22 to the Government Code, relating to housing, and declaring the urgency thereof, to take effect immediately." +1105,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4600 of the Labor Code is amended to read: +4600. +(a) Medical, surgical, chiropractic, acupuncture, and hospital treatment, including nursing, medicines, medical and surgical supplies, crutches, and apparatuses, including orthotic and prosthetic devices and services, that is reasonably required to cure or relieve the injured worker from the effects of his or her injury shall be provided by the employer. If the employer neglects or reasonably refuses to provide that treatment, the employer is liable for the reasonable expense incurred by or on behalf of the employee in providing treatment. +(b) As used in this division and notwithstanding any other law, medical treatment that is reasonably required to cure or relieve the injured worker from the effects of his or her injury means treatment that is based upon the guidelines adopted by the administrative director pursuant to Section 5307.27. +(c) Unless the employer or the employer’s insurer has established or contracted with a medical provider network as provided for in Section 4616, after 30 days from the date the injury is reported, the employee may be treated by a physician of his or her own choice or at a facility of his or her own choice within a reasonable geographic area. A chiropractor shall not be a treating physician after the employee has received the maximum number of chiropractic visits allowed by subdivision (c) of Section 4604.5. +(d) (1) If an employee has notified his or her employer in writing prior to the date of injury that he or she has a personal physician, the employee shall have the right to be treated by that phys Section 1340) of Division 2 of the Health and Safety Code, and the employer is notified pursuant to paragraph (1), all medical treatment, utilization review of medical treatment, access to medical treatment, and other medical treatment issues shall be governed by Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code. Disputes regarding the provision of medical treatment shall be resolved pursuant to Article 5.55 (commencing with Section 1374.30) of Chapter 2.2 of Division 2 of the Health and Safety Code. +(4) If the employee has health care coverage for nonoccupational injuries or illnesses on the date of injury in a group health insurance policy as described in Section 4616.7, all medical treatment, utilization review of medical treatment, access to medical treatment, and other medical treatment issues shall be governed by the applicable provisions of the Insurance Code. +(5) The insurer may require prior authorization of any nonemergency treatment or diagnostic service and may conduct reasonably necessary utilization review pursuant to Section 4610. +(6) An employee shall be entitled to all medically appropriate referrals by the personal physician to other physicians or medical providers within the nonoccupational health care plan. An employee shall be entitled to treatment by physicians or other medical providers outside of the nonoccupational health care plan pursuant to standards established in Article 5 (commencing with Section 1367) of Chapter 2.2 of Division 2 of the Health and Safety Code. +(7) If the employee’s injury affects his or her back, the physician or other medical provider shall assess the employee’s level of risk for chronic back pain +and determine whether he or she meets the criteria for a surgical consultation. After the assessment, one or more of the following covered treatments may be deemed appropriate: acupuncture, chiropractic manipulation, cognitive behavioral therapy, medications, including short-term opiate drugs, but excluding long-term prescriptions, office visits, osteopathic manipulation, and physical and occupational therapy. Surgery may be recommended, but only for a limited number of conditions and only if there is sufficient evidence to indicate that surgery is more effective than other treatment options. Yoga, intensive rehabilitation, massage, or supervised exercise therapy may also be recommended for inclusion in the comprehensive treatment plan. +utilizing the medical treatment utilization schedule (MTUS) adopted pursuant to Section 5307.27 and determine treatment based on that schedule. +(e) (1) When at the request of the employer, the employer’s insurer, the administrative director, the appeals board, or a workers’ compensation administrative law judge, the employee submits to examination by a physician, he or she shall be entitled to receive, in addition to all other benefits herein provided, all reasonable expenses of transportation, meals, and lodging incident to reporting for the examination, together with one day of temporary disability indemnity for each day of wages lost in submitting to the examination. +(2) Regardless of the date of injury, “reasonable expenses of transportation” includes mileage fees from the employee’s home to the place of the examination and back at the rate of twenty-one cents ($0.21) a mile or the mileage rate adopted by the Director of the Department of Human Resources pursuant to Section 19820 of the Government Code, whichever is higher, plus any bridge tolls. The mileage and tolls shall be paid to the employee at the time he or she is given notification of the time and place of the examination. +(f) When at the request of the employer, the employer’s insurer, the administrative director, the appeals board, or a workers’ compensation administrative law judge, an employee submits to examination by a physician and the employee does not proficiently speak or understand the English language, he or she shall be entitled to the services of a qualified interpreter in accordance with conditions and a fee schedule prescribed by the administrative director. These services shall be provided by the employer. For purposes of this section, “qualified interpreter” means a language interpreter certified, or deemed certified, pursuant to Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, or Section 68566 of, the Government Code. +(g) If the injured employee cannot effectively communicate with his or her treating physician because he or she cannot proficiently speak or understand the English language, the injured employee is entitled to the services of a qualified interpreter during medical treatment appointments. To be a qualified interpreter for purposes of medical treatment appointments, an interpreter is not required to meet the requirements of subdivision (f), but shall meet any requirements established by rule by the administrative director that are substantially similar to the requirements set forth in Section 1367.04 of the Health and Safety Code. The administrative director shall adopt a fee schedule for qualified interpreter fees in accordance with this section. Upon request of the injured employee, the employer or insurance carrier shall pay for interpreter services. An employer shall not be required to pay for the services of an interpreter who is not certified or is provisionally certified by the person conducting the medical treatment or examination unless either the employer consents in advance to the selection of the individual who provides the interpreting service or the injured worker requires interpreting service in a language other than the languages designated pursuant to Section 11435.40 of the Government Code. +(h) Home health care services shall be provided as medical treatment only if those services are reasonably required to cure or relieve the injured employee from the effects of his or her injury and prescribed by a physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, and subject to Section 5307.1 or 5307.8. The employer shall not be liable for home health care services that are provided more than 14 days prior to the date of the employer’s receipt of the physician’s prescription.","Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, that generally requires employers to secure the payment of workers’ compensation for injuries incurred by their employees that arise out of, or in the course of, employment. Existing law requires an employer to provide all medical services reasonably required to cure or relieve the injured worker from the effects of the injury. +Existing law requires the administrative director to adopt a medical treatment utilization schedule, as specified. +This bill would, if the employee’s injury affects his or her back, require a +physician or other medical +provider to assess the employee’s level of risk for chronic back +pain and whether he or she meets the criteria for a surgical consultation. The bill would set forth the treatments that may be deemed appropriate after the assessment, as specified. +pain utilizing the medical treatment utilization schedule and determine treatment based on that schedule.","An act to amend Section 4600 of the Labor Code, relating to workers’ compensation." +1106,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 10 (commencing with Section 32499) is added to Division 23 of the Health and Safety Code, to read: +CHAPTER 10. Desert Healthcare District Reorganization +32499. +(a) The Desert Healthcare District may be expanded in accordance with this chapter. All other provisions of this division shall apply to the Desert Healthcare District following its reorganization, except as provided in this chapter. +(b) (1) On or before January 5, 2017, the Desert Healthcare District shall file a resolution of application with the Riverside County Local Agency Formation Commission, pursuant to subdivision (a) of Section 56654 of the Government Code, to initiate proceedings by the Riverside County Local Agency Formation Commission for the purpose of expanding the Desert Healthcare District to include the East Coachella Valley region. The expanded district shall include all communities served by the Desert Healthcare District as of the date of the filing of the resolution of application, and shall also include, but not be limited to, the communities of Indian Wells, La Quinta, Indio, and Coachella, and the unincorporated areas of Bermuda Dunes, Mecca, Thermal, Oasis, North Shore, and Vista Santa Rosa. The resolution of application shall comply with Section 56652 of the Government Code and shall specify the source of funding for the expanded district. The Desert Healthcare District shall pay any fees associated with the resolution of application. +(2) The Riverside County Local Agency Formation Commission proceeding shall be deemed initiated on the date the resolution of application is accepted for filing. Subsequent to initiation of the proceeding, the commission shall hold a hearing pursuant to Section 56666 of the Government Code. The commission shall comply with the notice requirements of Sections 56660 and 56661 of the Government Code in connection with the hearing. +(3) The Riverside County Local Agency Formation Commission shall complete its proceedings and direct the election required by paragraph (2) of subdivision (c) no later than 150 days following receipt of the completed resolution of application. Notwithstanding any other law, the Riverside County Local Agency Formation Commission shall not have the power to disapprove the resolution of application. +(4) Notwithstanding any other law, the resolution of application filed by the Desert Healthcare District pursuant to this subdivision shall not be subject to any protest proceedings. +(c) (1) The Riverside County Local Agency Formation Commission shall order the expansion of the district subject to a vote of the registered voters residing within the territory to be annexed at an election following the completion of proceedings pursuant to subdivision (b). The commission may condition the annexation on the district’s imposition of sufficient revenues to provide services within the territory to be annexed, including, but not limited to, the concurrent approval of special taxes or benefit assessments that will generate those sufficient revenues. +(2) The Riverside County Local Agency Formation Commission shall direct the Board of Supervisors of the County of Riverside to direct county officials to conduct the necessary election for approval of district expansion by placing approval of district expansion, pursuant to subdivision (d) of Section 57118 of the Government Code, and approval of any necessary funding source for the expanded district that requires voter approval on the ballot at the next countywide election. +(3) If a majority of the voters within the territory ordered to be annexed vote in favor of the expanded district and if a number of voters required under applicable law to approve any necessary funding source that requires voter approval vote in favor of that funding source, the district shall be expanded in accordance with this chapter. +(4) The district shall pay to the county the actual cost of the services rendered in conducting the election. +(d) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code) shall not apply to the expansion of the district pursuant to subdivisions (b) and (c), except as specified in this part. The act shall apply to any other change of organization or reorganization as defined in that act, following the reorganization of the district pursuant to this section. +(e) As used in this chapter, “district” means the Desert Healthcare District. +32499.2. +(a) Thirty days after the expansion of the district, and notwithstanding Sections 32100.01 and 32100.02, the Board of Directors of the Desert Healthcare District shall adopt a resolution to increase the number of members of its board of directors from five to seven without the necessity of a petition or approval thereof by voters residing within the district. The resolution shall become effective on the date of, and subject to any conditions specified in, the resolution. +(b) The additional vacancies created by the expansion shall be filled by appointment by the board of directors. A person appointed to fill a vacancy created by subdivision (a) shall be a registered voter and a resident of the territory annexed by the district pursuant to Section 32499. +(c) Upon appointment, the board shall, by lot, designate one member appointed pursuant to subdivision (a) who shall leave office when his or her successor takes office pursuant to Section 10554 of the Elections Code, and one member appointed pursuant to subdivision (a) who shall leave office two years thereafter. +(d) A vacancy in one or both of the board positions created by subdivision (a) after the first appointments to those positions pursuant to subdivision (b) shall be filled by the methods prescribed in Section 1780 of the Government Code, and, after January 1, 2020, shall be filled by the methods prescribed in Section 32499.3. +(e) This section shall only become operative if the Desert Healthcad) The voting districts described in subdivision (a) and any necessary procedures for implementing the election of the board of directors by voting districts shall be established and implemented on or before January 1, 2020. +(e) The voting districts established pursuant to this section shall be effective for the next district election after January 1, 2020. At the expiration of the terms of office of the members of the board of directors then in office, and thereafter, these members of the board of directors shall be elected by voting districts. One member of the board of directors shall be elected by the electors of each of the voting districts. A person shall not be eligible to hold the office of member of the board of directors unless he or she has been a resident of the voting district from which he or she is elected for 30 days next preceding the date of the election. +(f) A vacancy upon the board that results in a voting district left unrepresented prior to the expiration of the term of that board position shall be filled by appointment of the remaining members of the board of directors. A member of the board of directors appointed pursuant to this subdivision shall be a resident of the voting district left unrepresented on the board of directors. +(g) This section shall become operative only if the Desert Healthcare District is expanded in accordance with Section 32499. +32499.4. +It is the intent of the Legislature that the Desert Healthcare District maximize the use of its assets to provide direct health services to individuals within the district through direct operation of or funding provided to organizations that own or operate hospitals, medical clinics, ambulance services, transportation programs for seniors or persons with disabilities, wellness centers, health education services, promotoras, mental health services, veterans’ health services, and other similar services. +SEC. 2. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique community needs in Riverside County that would be served by the expansion of the Desert Healthcare District to include the entire Coachella Valley region, including limited access in the eastern Coachella Valley to health care services by an underserved population that suffers from a higher than average prevalence of preventable disease. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Local Health Care District Law, authorizes the organization and incorporation of local health care districts and specifies the powers of those districts, including, among other things, the power to establish, maintain, and operate, or provide assistance in the operation of, one or more health facilities or health services, including, but not limited to, outpatient programs, services, and facilities; retirement programs, services, and facilities; chemical dependency programs, services, and facilities; or other health care programs, services, and facilities and activities at any location within or without the district for the benefit of the district and the people served by the district. +This bill would authorize the expansion of the Desert Healthcare District to include the eastern Coachella Valley region by requiring the district to submit a resolution of application to the Riverside County Local Agency Formation Commission to initiate proceedings to expand the district. The bill would require the commission to order the expansion of the district subject to a vote of the registered voters residing within the territory to be annexed at an election following the completion of those proceedings. The bill would require the Board of Supervisors of the County of Riverside, upon direction by the commission, to place approval of district expansion on the ballot at the next countywide election following the completion of commission proceedings, including a public hearing. The bill would provide for expansion of the district upon voter approval, if a funding source sufficient to support the operations of the expanded district is, if required, approved, as specified. The bill would require the district to pay for election costs, as specified. By imposing new duties on the County of Riverside, the bill would impose a state-mandated local program. +This bill would require the board of directors of the district, following expansion, to adopt a resolution to increase the number of members of the district’s board of directors from 5 to 7, and to appoint 2 members who are residents of the territory annexed by the district to fill the vacant positions, as specified. Following the expansion of the board of directors, the bill would require the board of directors to adopt a resolution to divide the Desert Healthcare District into voting districts for the purpose of electing members of the board of directors from and by the electors of those voting districts beginning with the next district election after January 1, 2020, as specified. +This bill would state the intent of the Legislature that the Desert Healthcare District maximize the use of its assets to provide direct health services to individuals within the district, as specified. +This bill would make legislative findings and declarations as to the necessity of a special statute for the Coachella Valley region of Riverside County. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Chapter 10 (commencing with Section 32499) to Division 23 of the Health and Safety Code, relating to health care districts." +1107,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 39719.2 of the Health and Safety Code is amended to read: +39719.2. +(a) The California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program is hereby created, to be administered by the state board in conjunction with the State Energy Resources Conservation and Development Commission. The program, from moneys appropriated from the fund for the purposes of the program, shall fund development, demonstration, precommercial pilot, and early commercial deployment of zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies. Priority shall be given to projects benefiting disadvantaged communities pursuant to the requirements of Sections 39711 and 39713. +(b) Projects eligible for funding pursuant to this section include, but are not limited to, the following: +(1) Technology development, demonstration, precommercial pilots, and early commercial deployments of zero- and near-zero-emission medium- and heavy-duty truck +and bus +technology, including projects that help to facilitate clean goods-movement corridors. +(A) Until January 1, 2018, no less than 20 percent of funding made available for the purposes of this paragraph shall support early commercial deployment of existing zero- and near-zero-emission heavy-duty truck technology. +(B) (i) Between January 2, 2018, and January 1, 2023, no less than 50 percent of the moneys allocated each year for the purposes of this paragraph shall be allocated and spent to support the commercial deployment of existing zero- and near-zero-emission heavy-duty truck and heavy-duty bus technology that meets or exceeds an emission standard of 0.02 grams per brake horsepower-hour oxides of nitrogen, as described in the optional low oxides of nitrogen emission standards in Section 1956.8 of Title 13 of the California Code of Regulations. The state board shall allocate at least two-thirds of the amount available for allocation pursuant to this subparagraph to heavy-duty truck projects. +(ii) (I) Between January 2, 2018, and January 1, 2020, a heavy-duty truck or heavy-duty bus with an internal combustion engine receiving moneys allocated pursuant to this subparagraph shall use not less than 30 percent renewable fuel. +(II) Beginning January 2, 2020, a heavy-duty truck or heavy-duty bus with an internal combustion engine receiving moneys allocated pursuant to this subparagraph shall use not less than 50 percent renewable fuel. +(III) The state board may increase the minimum percentage of renewable fuel required for the allocation of moneys pursuant to this subparagraph in subsequent years if the state board makes a finding that a higher percentage is commercially feasible and the State Energy Resources Conservation and Development Commission makes a finding that there is a sufficient supply of renewable energy fuel available. An increase adopted pursuant to this subclause shall apply prospectively to moneys allocated after the increase is adopted by the state board. +(IV) The percentage in effect at the time the moneys are awarded to a heavy-duty truck or heavy-duty bus with an internal combustion engine pursuant to this subparagraph shall not change that award. +(V) This subparagraph does not alter or affect in any way the amount of credit or grants for which a low-carbon-fuel provider or truck or bus operator is eligible pursuant to law. +(iii) The state board shall limit the amount of incentives that may be allocated for any one vehicle or engine manufacturer in each year to 49 percent of the moneys allocated in that year for the purposes of this subparagraph. +(iv) The state board shall ensure that available moneys are allocated on a competitive basis to projects that are shown to achieve the greatest greenhouse gas emissions reductions not otherwise required by statute or regulation. +(2) Zero- and near-zero-emission bus technology development, demonstration, precommercial pilots, and early commercial deployments, including pilots of multiple vehicles at one site or region. +(3) Zero- and near-zero-emission off-road vehicle and equipment technology development, demonstration, precommercial pilots, and early commercial deployments, including vehicles and equipment in the port, agricultural, marine, construction, and rail sectors. +(4) Purchase incentives, which may include point-of-sale, for commercially available zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies and fueling infrastructure to support early market deployments of alternative technologies and to increase manufacturer volumes and accelerate market acceptance. +(5) Projects that support greater commercial motor vehicle and equipment freight efficiency and greenhouse gas emissions reductions, including, but not limited to, advanced intelligent transportation systems, autonomous vehicles, and other freight information and operations technologies. +(c) The state board, in consultation with the State Energy Resources Conservation and Development Commission, shall develop guidance through the existing Air Quality Improvement Program funding plan process for the implementation of this section that is consistent with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) and this chapter. +(d) The guidance developed pursuant to subdivision (c) shall do all of the following: +(1) Outline performance criteria and metrics for deployment incentives. The goal shall be to design a simple and predictable structure that provides incentives for truck, bus, and off-road vehicle and equipment technologies that provide significant greenhouse gas reduction and air quality benefits. +(2) Ensure that program investments are coordinated with funding programs developed pursuant to the California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 (Chapter 8.9 (commencing with Section 44270) of Part 5). +(3) Promote projects that assist the state in reaching its climate goals beyond 2020, consistent with Sections 38550 and 38551. +(4) Promote investments in medium- and heavy-duty trucking, including, but not limited to, vocational trucks, short-haul and long-haul trucks, buses, and off-road vehicles and equipment, including, but not limited to, port equipment, agricultural equipment, marine equipment, and rail equipment. +(5) Implement purchase incentives for eligible technologies to increase the use of the cleanest vehicles in disadvantaged communities. +(6) Allow for remanufactured and retrofitted vehicles to qualify for purchase incentives if those vehicles meet warranty and emissions requirements, as determined by the state board. +(7) Establish a competitive process for the allocation of moneys for projects funded pursuant to this section. +(8) Leverage, to the maximum extent feasible, federal or private funding. +(9) Ensure that the results of emissions reductions or benefits can be measured or quantified. The state board shall post on its Internet Web site every two years the results of those measurements or quantifications. +(10) Ensure that activities undertaken pursuant to this section complement, and do not interfere with, efforts to achieve and maintain federal and state ambient air quality standards and to reduce toxic air contaminants. +(e) In evaluating potential projects to be funded pursuant to this section, the state board shall give priority to projects that demonstrate one or more of the following characteristics: +(1) Benefit disadvantaged communities pursuant to Sections 39711 and 39713. +(2) The ability to leverage additional public and private funding. +(3) The potential for cobenefits or multiple-benefit attributes. +(4) The potential for the project to be replicated. +(5) Regional benefit, with focus on collaboration between multiple entities. +(6) Support for technologies with broad market and emissions reduction potential. +(7) Support for projects addressing technology and market barriers not addressed by other programs. +(8) Support for enabling technologies that benefit multiple technology pathways. +(f) In the implementation of this section, the state board, in consultation with the State Energy Resources Conservation and Development Commission, shall create an annual framework and plan. The framework and plan shall be developed with public input and may utilize existing investment plan processes and workshops as well as existing state and third-party research and technology roadmaps. The framework and plan shall do all of the following: +(1) Articulate an overarching vision for technology development, demonstration, precommercial pilot, and early commercial deployments, with a focus on moving technologies through the commercialization process. +(2) Outline technology categories, performance criteria, and required mandates for technologies and applications that may be considered for funding pursuant to this section. This shall include technologies and low-carbon-fuel requirements for medium- and heavy-duty trucking, including, but not limited to, vocational trucks, short-haul and long-haul trucks, buses, and off-road vehicles and equipment, including, but not limited to, port equipment, agricultural equipment, construction equipment, marine equipment, and rail equipment. +(3) Describe the roles of the relevant agencies and the process for coordination among agencies, program participants, and low-carbon-fuel providers. +(g) For purposes of this section, the following terms have the following meanings: +(1) Effective January 2, 2018, “heavy-duty truck” means a truck that has a gross vehicle weight rating (GVWR) of 26,001 pounds or more. +(2) Effective January 2, 2018, “heavy-duty bus” means a bus that has a gross vehicle weight rating (GVWR) of 19,501 pounds or more. +(3) “Zero- and near-zero-emission” means vehicles, fuels, and related technologies that reduce greenhouse gas emissions and improve air quality when compared with conventional or fully commercialized alternatives, as defined by the state board in consultation with the State Energy Resources Conservation and Development Commission. “Zero- and near-zero-emission” may include, but is not limited to, zero-emission technology, enabling technologies that provide a pathway to emissions reductions, advanced or alternative fuel engines for long-haul trucks, and hybrid or alternative fuel technologies for trucks and off-road equipment.","The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. +The California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, upon appropriation from the Greenhouse Gas Reduction Fund, funds zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies and related projects, as specified, with priority given to certain projects, including projects that benefit disadvantaged communities, as defined. The program, until January 1, 2018, requires no less than 20% of the funding made available for the purposes of technology development, demonstration, precommercial pilots, and early commercial deployments of zero- and near-zero-emission medium- and heavy-duty truck technology support early commercial deployment of existing zero- and near-zero-emission heavy-duty truck technology. The program requires the state board to ensure that the results of emissions reductions or benefits can be measured or quantified. +This bill, between January 2, 2018, and January 1, 2023, would require no less than 50% of the moneys allocated each year for technology development, demonstration, precommercial pilots, and early commercial deployments of zero- and near-zero-emission medium- and heavy-duty truck +and bus +technology be allocated and spent to support the commercial deployment of existing zero- and near-zero-emission heavy-duty truck and heavy-duty bus technology that meets or exceeds a specified emission standard, with at least +2/3 +of these funds to be allocated to heavy-duty truck projects. The bill would authorize the state board to increase those emission standards based on specified findings. The bill would require the state board to limit the incentives that may be allocated to any one vehicle or engine manufacturer in each year under these provisions to 49% of the moneys available for allocation in that year. The bill would require allocations under these provisions to be made for projects that are shown to achieve the greatest greenhouse gas emissions reductions, as specified. The bill also would require the state board to post on its Internet Web site the results of emissions reductions or benefits.","An act to amend Section 39719.2 of the Health and Safety Code, relating to greenhouse gases." +1108,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 10 (commencing with Section 39950) is added to Part 2 of Division 26 of the Health and Safety Code, to read: +CHAPTER 10. Workplace Charging Stations Grant Program +39950. +For purposes of this chapter, the following definitions apply: +(a) “Eligible applicant” means a commercial property owner or lessee providing parking facilities for employees and visitors. +(b) “Program” means the Workplace Charging Stations Grant Program established pursuant to Section 39951. +39951. +(a) The state board, until January, 1, 2021, shall establish and implement the Workplace Charging Stations Grant Program to award grants to eligible applicants for the installation of electric vehicle charging stations in their parking facilities. +(b) (1) The state board may award to an eligible applicant two thousand five hundred dollars ($2,500) for the first Level 2 charging port installed and an additional five hundred dollars ($500) for each additional Level 2 charging port installed. +(2) The maximum grant that may be awarded to an eligible applicant pursuant to the program is six thousand dollars ($6,000) per facility. +39952. +(a) In considering an application for a grant, the state board shall consider the cost effectiveness of the proposed installation, the potential for timely completion and operation of the electric vehicle charging station, and the overall economic benefits to California of the proposed installation. +(b) The state board shall give priority to proposed installations that meet one or more of the following criteria: +(1) The eligible applicant has made a binding commitment to make the electric vehicle charging stations readily available to employees and the public at no fee for charging for at least the first three years of the operation of the stations. +(2) The charging stations are available to employees and other members of the public 24 hours a day, seven days a week. +(3) The charging stations are installed in disadvantaged communities, as identified pursuant to Section 39711. +(4) The charging stations are located at or near a major traffic corridor. +39953. +(a) Eligible applicants receiving grants pursuant to this chapter shall report annually to the state board on the following: +(1) The number of charging sessions delivered for each charging station for which a grant was awarded. +(2) The amount electricity delivered for each charging session. +(3) The total amount of time an electric vehicle is plugged in for each charging session. +(4) The amount of downtime of each charging station for maintenance and repair. +(5) The maintenance or repair events of each charging station. +(b) (1) On or before July 1, 2018, and annually thereafter, until July 1, 2020, the state board shall submit a report to the Legislature providing a survey of the data submitted pursuant to subdivision (a) for the prior calendar year, identifying the benefits and problems with the program, and recommending improvements to the program. +(2) On or before July 1, 2021, the state board shall submit to the Legislature a final report providing an overall survey of the program and identifying the benefits accrued from the program. +(3) The reports required pursuant to paragraph (1) or (2) shall be submitted in accordance with Section 9795 of the Government Code. +39954. +This chapter shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SECTION 1. +Section 44270.3 of the +Health and Safety Code +is amended to read: +44270.3. +For the purposes of this chapter, the following definitions shall apply: +(a)“Benefit-cost score,” for the Alternative and Renewable Fuel and Vehicle Technology Program created pursuant to Section 44272, means a project’s expected or potential greenhouse gas emissions reduction per dollar awarded by the commission to the project from the Alternative and Renewable Fuel and Vehicle Technology Fund. +(b)“Commission” means the State Energy Resources Conservation and Development Commission. +(c)“Full fuel-cycle assessment” or “life-cycle assessment” means evaluating and comparing the full environmental and health impacts of each step in the life cycle of a fuel, including, but not limited to, all of the following: +(1)Feedstock production, extraction, cultivation, transport, and storage, and the transportation and use of water and changes in land use and land cover therein. +(2)Fuel production, manufacture, distribution, marketing, transport, and storage, and the transportation and use of water therein. +(3)Vehicle operation, including refueling, combustion, conversion, permeation, and evaporation. +(d)“Vehicle technology” means any vehicle, boat, off-road equipment, or locomotive, or component thereof, including its engine, propulsion system, transmission, or construction materials. +(e)For purposes of the Air Quality Improvement Program created pursuant to Section 44274, the following definitions shall apply: +(1)“Benefit-cost score” means the reasonably expected or potential criteria pollutant emission reductions achieved per dollar awarded by the board for the project. +(2)“Project” means a category of investments identified for potential funding by the board, including, but not limited to, competitive grants, revolving loans, loan guarantees, loans, vouchers, rebates, and other appropriate funding measures for specific vehicles, equipment, technologies, or initiatives authorized by Section 44274.","The California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 requires the State Energy Resources Conservation and Development Commission to administer the Alternative and Renewable Fuel and Vehicle Technology Program to provide financial assistance for the development and deployment of innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. The act requires the State Air Resources Board to administer the Air Quality Improvement Program to fund projects to reduce criteria air pollutants, to improve air quality, and to fund research to determine and improve air quality impacts of alternative transportation fuels and vehicles, vessels, and equipment technologies. +Existing law defines various terms for purposes of those programs. +Existing law requires the commission to allocate $20,000,000 annually to fund the number of publicly available hydrogen-fueling stations identified by the State Air Resources Board as being needed, as specified, until at least 100 stations are in operation. +This bill would make nonsubstantive changes in the provision defining those terms. +This bill would require the state board, until January 1, 2021, to establish and implement the Workplace Charging Stations Grant Program to award grants to eligible applicants, as defined, for the installation of electric vehicle charging stations in commercial parking facilities for employees and visitors. The bill would require eligible applicants awarded grants pursuant to the program to report annually to the state board on certain usage statistics of the charging stations. The bill would require the state board, on or before July 1, 2018, and annually thereafter, to submit to the Legislature a report on the program, as provided. The bill would repeal the above provision on January 1, 2022.","An act to +amend Section 44270.3 +add and repeal Chapter 10 (commencing with Section 39950) of Part 2 of Division 26 +of the Health and Safety Code, relating to +air resources. +vehicular air pollution." +1109,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Chapter 728 of the Statutes of 2008 (SB 375) supports the goals of the California Global Warming Solutions Act of 2006 (AB 32) by requiring each of the state’s 18 metropolitan areas to reduce greenhouse gas emissions from cars and light trucks. SB 375 calls on each metropolitan area to develop a sustainable communities strategy (SCS) to accommodate future population growth and reduce greenhouse gas emissions. +(b) One of the major components of SB 375 is to coordinate the regional housing needs allocation process with the regional transportation process while maintaining local authority over land use decisions. Thus, local officials are key decisionmakers in how the provisions of SB 375 are ultimately implemented. +(c) The nine-county Bay Area metropolitan area SCS, Plan Bay Area, was adopted in 2013 through a cooperative effort of the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG). The Bay Area is expected to grow by 2,000,000 people over the next 25 years. +(d) Plan Bay Area provides a strategy for meeting 80 percent of the region’s future housing needs in priority development areas (PDAs). These are neighborhoods within walking distance of frequent transit service, offering a wide variety of housing options, and featuring amenities such as grocery stores, community centers, open space, and restaurants. +(e) There is a direct relationship between development planning for population growth in PDAs and the provision of open space and other amenities in these areas that will be required to support projected growth. San Francisco, like most cities, aims to provide adequate quality open space for the broader public health and quality of life of its citizens and workforce. As new development occurs, it serves additional residents and employees, who, in turn, require new, or expanded and enhanced, open space. +(f) A 2014 San Francisco Citywide Nexus Analysis documents this direct relationship between projected population growth and the cost of new open-space infrastructure to support growth. Providing recreation and open space, such as baseball diamonds, soccer fields, parks, playgrounds, tennis courts, flower gardens, community gardens, and greenways, is a capital intensive undertaking, especially in San Francisco where land availability is low and land prices are high. +(g) To meet the goals of SB 375, more of the future development is planned to be walkable and bikeable and close to public transit, jobs, schools, shopping, parks, recreation, and other amenities. Many of San Francisco’s PDAs are located in areas of San Francisco that both lack open space and are home to most of the city’s freeways. There are many parcels and +right-of-ways +rights-of-way +beneath and adjacent to these freeways and within PDAs that could be used for open-space purposes, yet currently the cost of leasing those lands from the Department of Transportation (Caltrans) is prohibitively high. +(h) Thus, one strategy for supporting statewide SB 375 goals is to decrease the cost of providing additional open space by decreasing the cost of land. An innovative intergovernmental partnership would engage Caltrans in low-cost leases with San Francisco for areas under the freeways that overlap with PDAs and San Francisco would, in turn, take on the cost of building and maintaining much-needed new open space on those lands to support and accommodate future population growth and reduce greenhouse gas emissions. +(i) San Francisco has already demonstrated the viability of open-space uses under Caltrans freeways through various completed and successful projects. In the Mission Bay Area, San Francisco operates several recreational uses under Interstate 280, including volleyball and basketball courts, as well as pedestrian walkways. In the SoMa West area under the Route 101 Central Freeway, San Francisco leased two Caltrans parcels and built a very popular dog park and skatepark. The leases for these projects, which San Francisco negotiated carefully in partnership with Caltrans, could serve as models for a framework of more financially feasible open-space projects. +(j) With an under-freeway open-space framework in place, San Francisco could more readily meet its SB 375 goals. If this lower land cost opportunity was established, the under-freeway open-space projects could become financially feasible and San Francisco would be able to localize the decisionmaking process for these new open-space uses. This would allow San Francisco the flexibility to coordinate and plan locally and to more comprehensively plan to accommodate future population growth and reduce greenhouse gas emissions. +SEC. 2. +Section 104.16 of the Streets and Highways Code is amended to read: +104.16. +(a) (1) Any airspace under a freeway, or real property acquired for highway purposes, in the City and County of San Francisco, that is not excess property, may be leased by the department to the city and county or a political subdivision of the city and county or a state agency for purposes of an emergency shelter or feeding program. +(2) Any airspace under or adjacent to a freeway, or other real property acquired for highway purposes, in the City and County of San Francisco, which is not excess property and is within a priority development area, shall be leased on a first right of refusal basis by the department to the city and county, a political subdivision of the city and county, or a state agency for park, recreational, or open-space purposes. +(b) (1) The lease amount for emergency shelter or feeding programs shall be for one dollar ($1) per month. +(2) For up to 10 parcels, the lease amount for park, recreational, or open-space purposes shall be 10 percent or less of the average fair market lease value of the applicable parcel. +(3) With respect to a lease for an emergency shelter or feeding program or for park, recreational, or open-space purposes, the lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease. +(c) In the case of a lease for park, recreational, or open-space purposes, the lease shall require the lessee to fund and construct associated infrastructure, and to accept full responsibility for liability associated to the uses, except as otherwise provided in the lease. The lease shall require the lessee to be responsible for all nonhighway-related maintenance costs associated with those uses, except as otherwise provided in the lease. The lease shall authorize the lessee, at its discretion, to subsidize its associated maintenance costs through generation of revenue under a limited revenue generation model, such as from retail use located on or contiguous to the leased property, if any revenues generated that exceed the associated maintenance costs are shared with the state, at a rate not less than 50 percent of those excess revenues, with that amount to be deposited in the State Highway Account. +(d) As used in this section, “priority development area” means +a neighborhood within walking distance of frequent transit service that offers a wide variety of housing options and that features various amenities, including grocery stores, community centers, open space, and restaurants. +an area identified in a sustainable communities strategy +developed pursuant to Section 65080 of the Government Code. +(e) The Legislature finds and declares that the lease of real property pursuant to this section serves a public purpose.","Existing law provides that the Department of Transportation has full possession and control of the state highway system, including associated property. Existing law authorizes the department to lease certain property, including the area above or below a state highway, and certain property held for future highway purposes, to public agencies under specified terms and conditions, including specific provisions governing leases of airspace and other property in the City and County of San Francisco for purposes of an emergency shelter or feeding program, at a lease cost of $1 per month and payment of an administrative fee not to exceed $500 per year. +This bill would revise the provisions governing leases of department property in the City and County of San Francisco to also authorize leases of property for park, recreational, or open-space purposes, subject to certain additional terms and conditions. These park, recreational, and open-space leases would be subject to a requirement for the department to lease property located within a priority development area, as defined, to the city and county on a right of first refusal basis and, for up to 10 parcels, at a specified below market value lease amount, and a requirement for the lessee to be responsible for all associated nonhighway maintenance costs. The bill would provide for the lease to authorize the lessee to subsidize its maintenance costs through a limited revenue generation model, with any revenues generated above the maintenance costs to be shared with the state, as specified.","An act to amend Section 104.16 of the Streets and Highways Code, relating to state highways." +1110,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 7.5 (commencing with Section 18781) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: +Article 7.5. Type 1 Diabetes Research Fund +18781. +(a) Any individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Type 1 Diabetes Research Fund established by Section 18782. +(b) The contribution shall be in full dollar amounts and may be made individually by each signatory on the joint return. +(c) A designation under subdivision (a) shall be made for any taxable year on the original return for that taxable year, and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made. +(d) (1) The Franchise Tax Board shall revise the form of the return to include a space labeled “Type 1 Diabetes Research Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to conduct the activities of an authorized diabetes research organization. +(2) Notwithstanding any other law, a voluntary contribution designation for the Type 1 Diabetes Research Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available, whichever occurs first. +(e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a). +18781.5. +For purposes of this article: +(a) An “authorized diabetes research organization” means either: +(1) A university, located within the state, with a research program. +(2) A nonprofit charitable organization exempt from federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code that engages in research. +(b) “Research” shall include, but not be limited to, expenditures to develop and advance the understanding, techniques, and modalities effective in the cure, screening, and treatment of type 1 diabetes. +18782. +There is hereby established in the State Treasury the Type 1 Diabetes Research Fund to receive contributions made pursuant to Section 18781. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18781 to be transferred to the Type 1 Diabetes Research Fund. The Controller shall transfer from the Personal Income Tax Fund to the Type 1 Diabetes Research Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18781 for payment into that fund. +18783. +All moneys transferred to the Type 1 Diabetes Research Fund pursuant to Section 18782, upon appropriation by the Legislature, shall be allocated as follows: +(a) To the Franchise Tar 1 of the second calendar year and each subsequent calendar year that the Type 1 Diabetes Research Fund appears on the tax return, the Franchise Tax Board shall do both of the following: +(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. +(B) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. +(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. +(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the Type 1 Diabetes Research Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c). +(c) For each calendar year, beginning with the third calendar year after the first appearance of the Type 1 Diabetes Research Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows: +(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. +(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.","Under existing law, taxpayers are allowed to contribute amounts in excess of their personal income tax liability for the support of various funds. Existing law also contains administrative provisions that are generally applicable to voluntary contributions. +This bill would allow a taxpayer to designate an amount in excess of personal income tax liability to be deposited to the Type 1 Diabetes Research Fund, which the bill would create. The bill would require moneys transferred to the Type 1 Diabetes Research Fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller, as provided, and to the University of California for distribution of grants to authorized diabetes research organizations, as defined, for the purpose of type 1 diabetes research, as provided.","An act to add and repeal Article 7.5 (commencing with Section 18781) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, relating to taxation." +1111,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) More universal participation in postsecondary education in California is of vital public interest to ensure an informed citizenry, a functional democracy, a vibrant workforce, and a leading 21st century economy. +(b) Communities of color now comprise the new majority of California high school pupils. As cited by the University of California in an amicus brief filed in Fisher v. University of Texas, in 2012 high school graduates were 46.2 percent Latino, 30.5 percent white, 13.6 percent Asian or Pacific Islander, 6.7 percent African American, and 0.7 percent Native American. +(c) Despite outreach programs and other efforts, historically disadvantaged groups remain underrepresented. These groups include communities of color, immigrants, LGBTQ students, individuals from low-income and working class communities,access to higher education. This latter goal made California unique among the states and led to the creation of the most prominent higher education system in the nation and the world, a model that was replicated and revered. Undergirding this system and essential to its success was the commitment of California’s investment. Today, that commitment has changed as state resources that could have been made available for higher education have increasingly been dedicated to incarceration. According to the Public Policy Institute of California, from 2003 to 2010, inclusive, California’s prison population grew only 1 percent, while general fund expenditures on corrections increased by 26 percent. +(g) The Public Policy Institute of California projects that the state will fall short about 1,100,000 college graduates who will be in economic demand by 2030 if enrollment and graduation rates do not increase, and that highly educated workers from outside California are unlikely to fill this gap. +(h) Since 2012, when the California Postsecondary Education Commission was defunded, California has lacked a coordinating body for postsecondary education. The absence of such a body has reduced the ability of the state to effectively develop long-term plans for public postsecondary education and to fully engage with the public in the development of such plans. +(i) The Governor has acknowledged the well-established need for coordinating and guiding state higher education policy and has encouraged higher education stakeholders to explore alternative ways to more effectively improve coordination and development of higher education policy. +(j) Given this, and to ensure full and equitable accessibility to higher and postsecondary education, California must create and fund a Blue Ribbon Commission on Public Postsecondary Education to develop a written plan to ensure that public universities and colleges in California are tuition-free and affordable to all students, including low-income and underrepresented students, and have the capacity to provide universal participation for all high school graduates by the year 2030. +SEC. 2. +Chapter 11.1 (commencing with Section 66910) is added to Part 40 of Division 5 of Title 3 of the Education Code, to read: +CHAPTER 11.1. Blue Ribbon Commission on Public Postsecondary Education +66910. +(a) There is hereby created the Blue Ribbon Commission on Public Postsecondary Education. The purpose of the commission is to make recommendations on improving access to and affordability in postsecondary education for Californians. +(b) (1) There shall be nine public members of the commission, who shall be California residents who are community leaders, business leaders, and others knowledgeable in the area of postsecondary education. The nine public members shall be representative of the cultural, ethnic, racial, and geographic diversity of the state. The members are as follows: +(A) Three members from the public appointed by the Governor. +(B) Three members from the public appointed by the Senate Committee on Rules. +(C) Three members from the public appointed by the Speaker of the Assembly. +(2) The Governor may designate any one of the nine members appointed to the commission to serve as temporary chairperson of the commission for its first meeting. The first order of business of the commission shall be to elect a permanent chairperson. +(c) Commission meetings are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). +(d) Members of the commission shall serve without compensation, but shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties as members. +(e) No person who is employed or retained by any public or private postsecondary educational institution shall be appointed to or serve on the commission. No person who is a spouse or domestic partner of an employee, an officer, or retained by a public or private postsecondary educational institution shall be appointed to serve on the commission. +(f) (1) There shall be an office titled the Office of the Blue Ribbon Commission on Public Postsecondary Education. The office shall do all of the following: +(A) Implement the duties and directives of the commission. +(B) Consult with the higher education segments and stakeholders, as appropriate, in the conduct of its duties and responsibilities. +(2) The office may request and receive information necessary to conduct its business, from the higher education segments, the Department of Finance, the Legislative Analyst’s Office, and the Student Aid Commission. +(3) For purposes of this subdivision, “higher education segments” means the segments described in Section 66010.95. Higher education stakeholders include, but are not necessarily limited to, postsecondary faculty, staff, and students, K–12 representatives, representatives of the business community, representatives of labor, representatives of community-based organizations, and nonprofit organizations. +(g) (1) The office shall be established in state government, and shall be under the direct control of an executive director. +(2) The commission shall appoint the executive director at a salary that shall be fixed pursuant to Section 12001 of the Government Code. +(3) The commission shall select and designate a state administrative agency to carry out the personnel, contractual, and all other fiscal services required by the commission. +(h) The duties of the commission shall include, but need not be limited to, the review of relevant reports by the University of California, the California State University, the Board of Governors of the California Community Colleges, the Student Aid Commission, the Department of Finance, the Legislative Analyst’s Office, foundations or nonprofit organizations, the California Postsecondary Education Commission, or any other reports the commission deems appropriate. +(i) The commission shall conduct a series of at least 10 public hearings specifically focused on the needs of and seeking input from African Americans, Native Americans, Latinos, Asian Americans, Pacific Islanders, boys and men of color, undocumented immigrants, LGBTQ students, and other underserved or underrepresented groups in public postsecondary education. The hearings shall be held in geographically diverse regions of the state to solicit testimony of individuals, public interest groups, alumni organizations, or any other interested private groups and organizations as well as professors, administrators, students, representatives from historically underrepresented groups in public higher education, and others who are directly affected for the purpose of soliciting the input of these groups in the formulations of the commission’s recommendations. +(j) In addition, the commission shall, at a minimum, study, analyze, issue written recommendations, and report to the Legislature and to the Governor on all of the following: +(1) Establishing the need to create a public postsecondary education system that ensures universal access with the capacity to support universal participation of all high school graduates in California. +(2) Identifying the current enrollment capacity in public postsecondary education as compared to the enrollment capacity needed in public postsecondary education to ensure universal access and universal participation for all high school graduates in California. +(3) Identifying the enrollment slots needed to ensure the state’s public postsecondary education system can graduate an additional 1,100,000 California residents by 2030 to meet the economic demands of the state. +(4) Determining the number of additional campuses needed, if any, in each of the public postsecondary education segments to accommodate the additional enrollment demands described in paragraphs (1) to (3), inclusive. The commission shall consider geographic areas of the state where a significant demand for public postsecondary educational services is not being met by current campuses and programs. +(5) Ensuring that enrollments in public postsecondary institutions reflect the ethnic and racial diversity of California high school pupils and high school graduates. The commission shall identify admission criteria, student outreach, student preparation, student retention, and other mechanisms that can promote this diversity. +(6) Ensuring equity for historically disadvantaged and underrepresented groups that include, but are not limited to, communities of color, documented and undocumented immigrants, individuals from low-income and working-class backgrounds, LGBTQ people, and others with unique needs. +(7) Determining the amount of increased investments in public postsecondary education necessary to support a mission of universal access and participation of all Californians. The increased investments shall take into account the additional resources needed to support the recommendations pursuant to paragraphs (2) to (6), inclusive. These recommendations shall identify expenditure requirements to support this objective and recommend additional revenue sources to finance this mission. +(8) The resources required to create an affordable and tuition-free education system in the California public postsecondary environment, with a first priority on supporting those students with the lowest incomes and least financial resources. This task shall include an analysis of not only tuition and fees, but a focus on additional college costs, such as books and supplies, food, housing, transportation, loan fees, child and dependent care, and other costs. The analysis shall incorporate the availability of federal, state, and campus-based financial aid efforts to offset these additional college costs to determine the extra resources needed to support all low-income and underrepresented California resident students. +(k) The commission shall publish its report by March 31, 2018. The report shall be transmitted to the fiscal and education policy committees of the Legislature, the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, the Director of Finance, and the Governor. Copies of the report shall be posted on the Governor’s Internet Web site. +(l) The office shall close no later than June 30, 2018. +66911. +This chapter shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. +SEC. 3. +Upon the repeal of Section 66910 of the Education Code, all of the documents and working papers of the Blue Ribbon Commission on Public Postsecondary Education shall become the property of the State Archives. +SECTION 1. +It is the intent of the Legislature to explore alternative ways to improve affordability, accessibility, coordination, and development of higher education policy that are consistent with the interest of the people and State of California. +SEC. 2. +Section 66010.6 of the +Education Code +is repealed.","Existing law, the Donahoe Higher Education Act, sets forth the missions and functions of the 4 segments comprising the state’s postsecondary education system. These segments are the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, the California Community Colleges, administered by the Board of Governors of the California Community Colleges, and independent institutions of higher education. +A provision of the act sets forth the missions of specified agencies charged with coordination, administration, or implementation of higher education policies and programs. +This bill would +delete this provision, and would express the intent of the Legislature to explore alternative ways to improve affordability, accessibility, coordination, and development of higher education policy that are consistent with the interest of the people and State of California. +establish the 9-member Blue Ribbon Commission on Public Postsecondary Education, and specify its membership and duties. The bill would require the commission to publish a report on designated subjects and submit this report to designated governmental entities by March 31, 2018. The bill would require the Office of the Blue Ribbon Commission on Public Postsecondary Education to close on June 30, 2018, and would repeal the provisions of the bill on January 1, 2019. The bill would require, upon that repeal, all of the documents and working papers of the commission to become the property of the State Archives.","An act to +repeal Section 66010.6 +add and repeal Chapter 11.1 (commencing with Section 66910) of Part 40 of Division 5 of Title 3 +of the Education Code, relating to postsecondary education." +1112,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) California is experiencing its worst water shortage crisis in modern history and increasing the use of recycled water, a supply that is not dependent on precipitation, is critical to increasing the flexibility of, and expanding, the state’s available water supply. +(b) The pressures on the Bay-Delta ecosystem, climate change, and continuing population growth have increased the challenges to the state in providing clean water needed for a healthy population and economy. +(c) Recycled water has been beneficially used in California for the past century for a variety of purposes, including agriculture, landscape irrigation, seawater barrier, industrial purposes, and groundwater recharge. +(d) Recycled water can significantly stretch California’s potable water supplies and help increase local water supply reliability. Currently, more than 3.5 million acre-feet of recyclable water is discharged annually to the ocean. +(e) The Assembly Committee on Water, Parks, and Wildlife, in March 2012, reported that the level of water supplies that could potentially be derived from recycled water is substantial. +(f) The National Academy of Sciences, in Water Reuse: Potential for Expanding the Nation’s Water Supply Through Reuse of Municipal Wastewater, states that “in the U.S. approximately 12 billion gallons of municipal wastewater effluent is discharged each day to an ocean or estuary and that reusing these coastal discharges could directly augment public supplies by 27 percent.” +(g) The National Academy of Sciences further found that, unlike water that is discharged into a stream and potentially used by another downstream party, water discharged to the ocean is considered “‘irrecoverable’ and thus constitutes ‘new supply.’” +(h) In 2010, the State Water Resources Control Board adopted a recycled water policy for California with a goal of creating an additional 2.5 million acre-feet of recycled water by 2030. +(i) The delivery of shovel-ready recycled water projects can provide immediate drought relief to California’s struggling communities. +(j) Recycled water projects could and should be expedited by providing relief from the time consuming provisions of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), while still complying with all state and local laws and providing notice to the public and appropriate local and state agencies. +SEC. 2. +Section 21080.21.5 is added to the Public Resources Code, to read: +21080.21.5. +(a) This division does not apply to a project of less than eight miles in length within a public street, highway, or right-of-way for the construction and installation of a new recycled water pipeline, or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing recycled water pipeline. +(b) For the purposes of this section, “pipeline” means subsurface pipelines and subsurface or surface accessories or appurtenances to a pipeline, such as mains, traps, vents, cables, conduits, vaults, valves, flanges, manholes, and meters. +(c) For a project described in subdivision (a), the lead agency shall do all of the following: +(1) Before determining the applicability of this section to a project, hold a noticed public hearing to consider and adopt mitigation measures for potential traffic impacts of the project. +(2) File a notice of exemption of the project from this division with the Office of Planning and Research and in the office of the county clerk of each county in which the project is located within 20 days of the approval of the project. The county clerk shall post the notice within 24 hours of receipt. +(3) Ensure that the overlaying property owner has given permission to access the property, in the case of a right-of-way over private property, if access is not granted in the express terms of the right-of-way. +(4) Ensure the restoration of the public street, highway, or right-of-way to a condition consistent with all applicable local laws or regulations, or a negotiated agreement. +(d) The project applicant shall comply with all applicable laws and regulations, including Chapter 3 (commencing with Section 60301) of Division 4 of Title 22 of the California Code of Regulations. +(e) This section does not apply to any of the following: +(1) A project that is a part of a larger project for the construction and installation of a new recycled water pipeline, or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing recycled water pipeline, that exceeds the length limitation set forth in subdivision (a). +(2) A project that is adjacent to another project for which a claim of exemption pursuant to this section has been made. +(3) A project that is located in a resource area, such as a park, open space, protected habitat area, or lands subject to a conservation easement. +(4) A project for which an excavation activity that is more than one-half mile in length at any one time will be undertaken. +(f) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts specified pipeline projects from the above requirements. +This bill would, until January 1, 2020, additionally exempt from CEQA a project for the construction and installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline, not exceeding 8 miles in length, for the distribution of recycled water within a public street, highway, or right-of-way and would require the lead agency to undertake specified activities, including the filing of a notice of exemption for the project with the Office of Planning and Research and the office of the county clerk of each county in which the project is located. The bill would require the lead agency, before determining the applicability of the exemption, to hold a noticed public hearing to consider and adopt mitigation measures for potential traffic impacts of the project. Because the lead agency would be required to determine whether a project qualifies for that exemption, and undertake specified activities, this bill would impose a state-mandated local program. The bill would require the county clerk to post the notice of exemption within 24 hours of receipt, thereby imposing a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add and repeal Section 21080.21.5 of the Public Resources Code, relating to environmental quality." +1113,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 17 (commencing with Section 50897) is added to Part 2 of Division 31 of the Health and Safety Code, to read: +CHAPTER 17. Workforce +HousingPilot +Housing Pilot +Program +50897. +It is the intent of the Legislature in enacting this chapter to ensure that funds allocated to eligible recipients and administered by the Department of Housing and Community Development be of maximum benefit in meeting the needs of persons and families of low or moderate income. It is the intent of the Legislature to support Californians residing in areas where housing prices have risen to levels that are unaffordable. The Legislature intends that these funds be provided to eligible recipients in areas that are experiencing a rise in home prices and rental prices so that they may assist individuals who are not able to live where they work. +50897.1. +As used in this chapter: +(a) “Eligible recipient” means any of the following: +(1) A city that resides within a county that is defined by the United States Department of Housing and Urban Development as a “high-cost” county. +(2) A city that does not reside within a county that is defined by the United States Department of Housing and Urban Development as a “high-cost” county but has been determined by the department to be experiencing a rise in home prices and rental prices such that persons and families of low or moderate income are unable to live where they work. +(3) A charitable nonprofit organization organized under Section 501(c)(3) of the Internal Revenue Code that has created and is operating or will operate a housing trust fund and that applies jointly with a city described in this subdivision. +(b) “Notice of funding availability” or “NOFA” means a public announcement that an estimated amount of funding will be awarded by a department program according to specified criteria and schedules. +(c) “Persons and families of low or moderate income” means persons and families whose incomes do not exceed 120 percent of the area median income, adjusted for family size. +(d) “Department” means the Department of Housing and Community Development. +50897.2. +(a) There is hereby established the Workforce Housing Pilot Program. +(b) Subject to the appropriation of funds for purposes of this chapter, the department shall award grant funding pursuant to the issuance of a notice of funding availability (NOFA) to eligible recipients that apply for financing. The department shall determine the appropriate amount of the grant for the purposes of accomplishing the intent of the Legislature. +(c) An eligible recipient shall do all of the following: +(1) Use the grant funds awarded to it for the predevelopment costs, acquisition, construction, or rehabilitation of rental housing projects or units within rental housing projects that serve persons and families of low or moderate income. The affordability of all units assisted shall be restricted for a period of at least 55 years. +(2) Hold a public hearing to discuss and describe the project that will be financed pursuant to this chapter. The meeting shall be held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). If a charitable nonprofit organization described in paragraph (3) of subdivision (a) is awarded grant funds pursuant to this chapter, the city that applied jointly with the charitable nonprofit organization shall hold the public hearing. +(3) File periodic reports with the department regarding the use of grant funds provided pursuant to this chapter. +(d) (1) An eligible recipient may use the grant funds to provide downpayment assistance to persons and families of low or moderate income. +(2) The department shall set limits on the amount of downpayment assistance that may be provided pursuant to paragraph (1) in order to maximize the use of the grant funds. +(e) (1) All grant funds awarded pursuant to this chapter shall be matched on a dollar-for-dollar basis. +(2) +(A) +Paragraph (1) shall not apply to an eligible recipient that is suffering a hardship and is unable to generate the matching funds. +(B) An eligible recipient shall demonstrate the hardship to the Department of Finance, and the Department of Finance shall determine whether the eligible recipient is suffering a hardship. The eligible recipient shall submit any information requested by the Department of Finance for purposes of determining whether a hardship exists. +(f) On or before December 31 of each year in which funds are awarded pursuant to this chapter, the department shall provide a report to the Legislature regarding the number of grants awarded, a description of the projects funded, the number of units funded, and the amount of matching funds received. +(g) The program shall operate until all appropriated funds have been awarded. +(h) (1) Upon the depletion of appropriated funds and the termination of the pilot program pursuant to subdivision (g), the department shall submit a report to the Assembly and Senate committees on appropriations. The report shall evaluate the need for housing of persons and families of low or moderate income in areas that received grant funds pursuant to this chapter. The report shall also include, but not be limited to, a recommendation on whether the pilot program should continue. +(2) The requirement for submitting a report imposed under this subdivision is inoperative four years after the report becomes due. +(i) The reports to be submitted pursuant to subdivisions (f) and (h) shall be submitted in compliance with Section 9795 of the Government Code.","Existing law, among several affordable housing programs, establishes the Local Housing Trust Fund Matching Grant Program, administered by the Department of Housing and Community Development, for the purpose of supporting local housing trust funds dedicated to the creation or preservation of affordable housing. Existing law authorizes the department to make matching grants available to cities and counties, or a city and county, and existing charitable nonprofit organizations that have created, funded, and operated housing trust funds. +This bill would create the Workforce Housing Pilot Program, pursuant to which the department, subject to the appropriation of funds for that purpose, would award grant funding to eligible recipients, as defined, for the predevelopment costs, acquisition, construction, or rehabilitation of rental housing projects or units within rental housing projects that serve, and for providing downpayment assistance to, persons and families of low or moderate income. The bill would require all grant funds to be matched on a dollar-for-dollar basis, unless the eligible recipient is suffering a hardship and is unable to generate the matching funds. +The bill would require the Department of Finance to determine whether an eligible recipient is suffering a hardship. +The bill would require the +department, +Department of Housing and Community Development, +on or before December 31 of each year in which grant funds are awarded, to provide a report to the Legislature regarding the number of grants awarded, a description of the projects funded, the number of units funded, and the amount of matching funds received. The bill would require the pilot program to operate until all appropriated funds have been awarded. The bill, upon the depletion of appropriated funds, would require the department to submit a report to the Assembly and Senate committees on appropriations evaluating the need for housing of persons and families of low or moderate income in areas that received grant funds and a recommendation on whether the pilot program should continue.","An act to add Chapter 17 (commencing with Section 50897) to Part 2 of Division 31 of the Health and Safety Code, relating to housing." +1114,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 116700 of the Health and Safety Code is amended to read: +116700. +(a) Within 30 days after service of a copy of an order issued by the state board, an aggrieved party may file with the superior court a petition for a writ of mandate for review of the order. +(b) In every case, the court shall exercise its independent judgment on the evidence. +(c) Except as otherwise provided in this section, subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure shall govern proceedings pursuant to this section. +(d) If no aggrieved party petitions for a writ of mandate within the time provided by this section, the decision or order of the state board is not subject to review by any court. +SEC. 2. +Section 13321 of the Water Code is amended to read: +13321. +(a) (1) In the case of a review by the state board under Section 13320 or review by the state board of a decision or order issued under authority delegated to an officer or employee of the state board where the state board by regulation has authorized a petition for reconsideration, the state board, upon notice and hearing, if a hearing is requested, may stay in whole or in part the effect of the decision or order of a regional board or of the state board. Except as provided in paragraph (2), the state board shall issue or deny the stay within 90 days of receipt of a request for stay that complies with the applicable regulations for requesting a stay. The party requesting the stay may extend the 90-day period. +(2) (A) If the request for stay relates to either of the following, the state board shall issue or deny the stay within 45 days of receipt of a request for stay that complies with the applicable regulations for requesting the stay: +(i) A water quality certification issued under Section 13160 authority delegated to an officer or employee of the state board for a discharge for a proposed activity associated with a hydroelectric facility and the proposed activity requires a license or an amendment to a license issued by the Federal Energy Regulatory Commission. +(ii) A cleanup and abatement order issued under Section 13304 authority delegated to an officer or employee of the state board or a regional board that requires the provision of alternate water supplies within 120 days of the date of the order. +(B) The party requesting a stay may extend the 45-day period described in subparagraph (A). +(3) If the state board fails to issue or deny the stay within the applicable period specified in paragraph (1) or (2), the request for stay shall be deemed denied on the first day following the applicable period. +(b) (1) Within 30 days of any order of the state board issuing or denying a stay or within 30 days of a stay being deemed denied pursuant to paragraph (3) of subdivision (a), any aggrieved party may file with the superior court a petition for writ of mandate for review of the state board’s order issuing or denying a stay or failure to issue or deny a stay. +(2) (A) Except as otherwise provided in this section, Section 1094.5 of the Code of Civil Procedure shall govern proceedings for which petitions are filed under this section. +(B) If the superior court finds that the state board failed to follow the procedures specified in subdivision (a) or otherwise prejudicially abused its discretion, the superior court may set aside the state board’s order issuing or denying the stay and may stay, in whole or in part, the effect of the decision or order of a regional board or of the state board pending review by the state board. +(C) Notwithstanding subparagraph (A) or (B), if a request for stay is subject to paragraph (2) of subdivision (a), the superior court may proceed without a certified administrative record and may stay, in whole or in part, the effect of the order or decision issued under delegated authority pending the state board’s review of the order or decision, however, no such stay shall be imposed if the court is satisfied that it is against the public interest. +(3) In an action under this section or Section 13330 involving a water quality certification issued pursuant to Section 13160, the court shall not issue a stay or other order that enjoins or has the effect of preventing the state board from taking action necessary to avoid a waiver of water quality certification for failure to act within the period provided under federal law. In determining whether there is a risk of waiver, the court shall consider the applicable regulations or policies of the federal agency issuing the permit or license subject to the water quality certification. +(c) If the state board or the superior court grants a stay under this section, the stay may be made effective as of the effective date of the regional board or state board decision or order. +(d) If a petition is filed with the superior court under Section 13330, any stay in effect at the time of the filing of the petition shall remain in effect by operation of law for a period of 20 days from the date of the filing of that petition. +SEC. 3. +Section 13330 of the Water Code is amended to read: +13330. +(a) Not later than 30 days from the date of service of a copy of a decision or order issued by the state board under this division, other than a decision or order issued pursuant to Article 7 (commencing with Section 13550) of Chapter 7, any aggrieved party may file with the superior court a petition for writ of mandate for review of the decision or order. An aggrieved party must file a petition for reconsideration with the state board to exhaust that party’s administrative remedies only if the initial decision or order is issued under authority delegated to an officer or employee of the state board and the state board by regulation has authorized a petition for reconsideration. The state board shall order or deny reconsideration on a petition therefor not later than 90 days from the date the state board adopts the decision or order. +(b) A party aggrieved by a final decision or order of a regional board subject to review under Section 13320 may obtain review of the decision or order of the regional board in the superior court by filing in the court a petition for writ of mandate not later than 30 days from the date on which the state board denies review. +(c) The time for filing an action or proceeding subject to Section 21167 of the Public Resources Code for a person who seeks review of the regional board’s decision or order under Section 13320, or who seeks reconsideration under a state board regulation authorizing a petition for reconsideration, shall commence upon the state board’s completion of that review or reconsideration. +(d) If no aggrieved party petitions for writ of mandate within the time provided by this section, a decision or order of the state board or a regional board shall not be subject to review by any court. +(e) Except as provided in this section, Section 1094.5 of the Code of Civil Procedure shall govern proceedings for which petitions are filed pursuant to this section. For the purposes of subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the court shall exercise its independent judgment on the evidence in any case involving the judicial review of a decision or order of the state board issued under Section 13320, or a decision or order of a regional board for which the state board denies review under Section 13320, other than a decision or order issued under Section 13323. +(f) Except as provided in this section, no legal or equitable process shall issue in any proceeding in any court against the state board, a regional board, or any officer of the state board or a regional board to review, prevent, or enjoin any adjudicative proceeding under this division. Except as provided in this section and Section 13321, no legal or equitable process shall issue in any proceeding in any court against the state board, a regional board, or any officer or employee of the state board or a regional board to review, prevent, or enjoin a decision or order by the state board, a regional board, or any officer or employee of the state board or a regional board before a decision or order is issued and the procedures for administrative review of that decision or order have been exhausted. +(g) A party aggrieved by a decision or order issued by the state board under Article 7 (commencing with Section 13550) of Chapter 7 may petition for reconsideration or judicial review in accordance with Chapter 4 (commencing with Section 1120) of Part 1 of Division 2. +(h) For purposes of this section, a decision or order includes a final action in an adjudicative proceeding and an action subject to Section 11352 of the Government Code, but does not include an action subject to Section 11353 of the Government Code or the adoption, amendment, or repeal of a regulation under Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. +SEC. 4. +Section 13361 of the Water Code is amended to read: +13361. +(a) Every civil action brought under the provisions of this division at the request of a regional board or the state board shall be brought by the Attorney General in the name of the people of the State of California and any of those actions relating to the same discharge may be joined or consolidated. +(b) Any civil action brought pursuant to this division shall be brought in a county in which the discharge is made, or proposed to be made. However, any action by or against a city, city and county, county, or other public agency shall, upon motion of either party, be transferred to a county or city and county not a party to the action or to a county or city and county other than that in which the city or public agency is located. +(c) In any civil action brought pursuant to this division in which a regional board or the state board seeks a temporary restraining order, preliminary injunction, or permanent injunction, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued, or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without those allegations and proof.","(1) Existing law, the Porter-Cologne Water Quality Control Act, within 30 days of any action or failure to act by a California regional water quality control board under specified law, authorizes an aggrieved person to petition the State Water Resources Control Board to review that action or failure to act. Existing law authorizes the state board, in the case of such a review, upon notice and hearing, if a hearing is requested, to stay in whole or in part the effect of the decision and order of a regional board or of the state board. +This bill would expand that provision to authorize the state board to issue a stay in the case of review by the state board of a decision or order issued under authority delegated to an officer or employee of the state board where the state board by regulation has authorized a petition for reconsideration by the state board. The bill would generally require the state board to issue or deny the stay within 90 days of receipt of a request for stay, as specified, and would deem the request for stay denied if the state board fails to issue or deny the stay within the prescribed applicable period. The bill would authorize any aggrieved party, within 30 days of any order of the state board issuing or denying a stay or within 30 days of a stay being deemed denied, to file with the superior court a petition for writ of mandate and would specify the law that governs those proceedings. +The act authorizes an aggrieved party to file with the superior court a petition for writ of mandate for review of a decision or order issued by the state board or a regional board, and requires those proceedings to be governed by specified law. Existing law, except as specified, requires the court to exercise its independent judgment on the evidence in cases involving the judicial review of a decision or order of the state board, or a decision or order of a regional board for which the state board denies review under the act. +This bill would require the state board to order or deny reconsideration on a petition not later than 90 days from the date the state board adopts the decision or order. The bill, except as specified, would prohibit any legal or equitable process from issuing in any proceeding in any court against the state board, a regional board, or any officer or employee of the state board or a regional board to review, prevent, or enjoin any adjudicative proceeding under the act, or a decision or order by the state board, a regional board, or any officer or employee of the state board or a regional board before a decision or order is issued and the procedures for administrative review of that decision or order have been exhausted. +(2) Existing law, the California Safe Drinking Water Act, requires the state board to administer provisions relating to the regulation of drinking water to protect public health. The state board’s duties include, but are not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, and adopting and enforcing regulations. Existing law requires the state board to appoint a deputy director to oversee the issuance and enforcement of public water system permits and delegates certain authorities of the state board to the deputy director. The act authorizes the deputy director to issue an order directing certain actions whenever the deputy director determines that a person has violated or is violating the act, or any permit, regulation, or standard issued or adopted pursuant to the act. The act authorizes an aggrieved party 30 days after service of a copy of the order or decision to file with the superior court a petition for a writ of mandate for review of the order or decision. The act requires that the evidence before the court consist of all relevant evidence that, in the judgment of the court, should be considered to effectuate and implement the act and requires, in every case, the court to exercise its independent judgment on the evidence. The act prohibits a failure to file an action from precluding a party from challenging the reasonableness and validity of the decision or order in specified judicial proceedings. +This bill would provide that a decision or order of the state board is not subject to review by any court if no aggrieved party petitions for a writ of mandate within 30 days after service of a copy of an order or decision issued by the state board. The bill would eliminate the requirement that the evidence before the court consist of all relevant evidence that, in the judgment of the court, should be considered to effectuate and implement the act.","An act to amend Section 116700 of the Health and Safety Code, and to amend Sections 13321, 13330, and 13361 of the Water Code, relating to the State Water Resources Control Board." +1115,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11320.1 of the Welfare and Institutions Code is amended to read: +11320.1. +Subsequent to the commencement of the receipt of aid under this chapter, the sequence of employment-related activities required of recipients under this article, unless exempted under Section 11320.3, shall be as follows: +(a) Orientation and appraisal.Recipients shall, and applicants may, at the option of a county and with the consent of the applicant, receive orientation to the welfare-to-work program provided under this article and receive appraisal pursuant to Section 11325.2. +(b) After orientation and appraisal, recipients shall participate in job search and job club pursuant to Section 11325.22, family stabilization pursuant to Section 11325.24, a high school equivalency program pursuant to Section 11325.3, or substance abuse, mental health, or domestic violence services, unless the county determines that the recipient should first go to assessment pursuant to subdivision (c). +(c) Assessment. If employment is not found during the period provided for pursuant to subdivision (b), or at any time the county determines that participation in job search for the period specified in subdivision (a) of Section 11325.22 is not likely to lead to employment or that, based on information gathered during the appraisal, further information is needed to make an effective determination regarding the recipient’s next welfare-to-work activity, the recipient shall be referred to assessment, as provided for in Section 11325.4. Following assessment, the county and the recipient shall develop a welfare-to-work plan, as specified in Section 11325.21. The plan shall specify the activities provided for in Section 11322.6 to which the recipient shall be assigned, and the supportive services, as provided for pursuant to Section 11323.2, with which the recipient will be provided. +(d) Work activities. A recipient who has signed a welfare-to-work plan pursuant to Section 11325.21 shall participate in work activities, as described in this article. +SEC. 2. +Section 11322.6 of the Welfare and Institutions Code is amended to read: +11322.6. +The welfare-to-work plan developed by the county welfare department and the participant pursuant to this article shall provide for welfare-to-work activities. Welfare-to-work activities may include, but are not limited to, any of the following: +(a) Unsubsidized employment. +(b) Subsidized private sector employment. +(c) Subsidized public sector employment. +(d) Work experience, which means public or private sector work that shall help provide basic job skills, enhance existing job skills in a position related to the participant’s experience, or provide a needed community service that will lead to employment. Unpaid work experience shall be limited to 12 months, unless the county welfare department and the recipient agree to extend this period by an amendment to the welfare-to-work plan. The county welfare department shall review the work experience assignment as appropriate and make revisions as necessary to ensure that it continues to be consistent with the participant’s plan and effective in preparing the participant to attain employment. +(e) On-the-job training. +(f) (1) Grant-based on-the-job training, which means public or private sector employment or on-the-job training in which the recipient’s cash grant, or a portion thereof, or the aid grant savings resulting from employment, or both, is diverted to the employer as a wage subsidy to partially or wholly offset the payment of wages to the participant, so long as the total amount diverted does not exceed the family’s maximum aid payment. +(2) A county shall not assign a participant to grant-based on-the-job training unless and until the participant has voluntarily agreed to participate in grant-based on-the-job training by executing a voluntary agreement form, which shall be developed by the department. The agreement shall include, but not be limited to, information on the following: +(A) How job termination or another event will not result in loss of the recipient’s grant funds, pursuant to department regulations. +(B) (i) How to obtain the federal Earned Income Tax Credit (EITC), including the Advance EITC, and increased CalFresh benefits, which may become available due to increased earned income. +(ii) This subparagraph shall only become operative when and to the extent that the department determines that it reflects current federal law and Internal Revenue Service regulations. +(C) How these financial supports should increase the participant’s current income and how increasing earned income should increase the recipient’s future social security income. +(3) Grant-based on-the-job training shall include community service positions pursuant to Section 11322.9. +(4) Any portion of a wage from employment that is funded by the diversion of a recipient’s cash grant, or the grant savings from employment pursuant to this subdivision, or both, shall not be exempt under Section 11451.5 from the calculation of the income of the family for purposes of subdivision (a) of Section 11450. +(g) Supported work or transitional employment, which means forms of grant-based on-the-job training in which the recipient’s cash grant, or a portion thereof, or the aid grant savings from employment, is diverted to an intermediary service provider, to partially or wholly offset the payment of wages to the participant. +(h) Workstudy. +(i) Self-employment. +(j) Community service. +(k) Adult basic education, which shall include reading, writing, arithmetic, high school proficiency, or a high school equivalency program, and English as a second language. Participants under this subdivision shall be referred to appropriate service providers that include, but are not limited to, educational programs operated by school districts or county offices of education that have contracted with the Superintendent of Public Instruction to provide services to participants pursuant to Section 33117.5 of the Education Code. +(l) Job skills training directly related to employment. +(m) Vocational education and training, including, but not limited to, college and community college education, adult education, regional occupational centers, and regional occupational programs. +(n) Job search and job readiness assistance, which means providing the recipient with training to learn job seeking and interviewing skills, to understand employer expectations, and learn skills designed to enhance an individual’s capacity to move toward self-sufficiency, including financial management education. +(o) Education directly related to employment. +(p) Satisfactory progress in secondary school or in a course of study leading to completion of a high school equivalency program, in the case of a recipient who has not completed secondary school or a high school equivalency program, as described in Section 11325.3. +(q) Mental health, substance abuse, and domestic violence services, described in Sections 11325.7 and 11325.8, and Article 7.5 (commencing with Section 11495), that are necessary to obtain and retain employment. +(r) Other activities necessary to assist an individual in obtaining unsubsidized employment. +(s) Assignment to an educational activity identified in subdivisions (k), (m), (o), and (p) is limited to those situations in which the education is needed to become employed. +SEC. 3. +Section 11322.85 of the Welfare and Institutions Code is amended to read: +11322.85. +(a) Unless otherwise exempt, an applicant or recipient shall participate in welfare-to-work activities. +(1) For 24 cumulative months during a recipient’s lifetime, these activities may include the activities listed in Section 11322.6 that are consistent with the assessment performed in accordance with Section 11325.4 and that are included in the individual’s welfare-to-work plan, as described in Section 11325.21, to meet the hours required in Section 11322.8. These 24 months need not be consecutive. +(2) Any month in which the recipient meets the requirements of Section 11322.8, through participation in an activity or activities described in paragraph (3), shall not count as a month of activities for purposes of the 24-month time limit described in paragraph (1). +(3) After a total of 24 months of participation in welfare-to-work activities pursuant to paragraph (1), an aided adult shall participate in one or more of the following welfare-to-work activities, in accordance with Section 607(c) and (d) of Title 42 of the United States Code as of the operative date of this section, that are consistent with the assessment performed in accordance with Section 11325.4, and included in the individual’s welfare-to-work plan, described in Section 11325.21: +(A) Unsubsidized employment. +(B) Subsidized private sector employment. +(C) Subsidized public sector employment. +(D) Work experience, including work associated with the refurbishing of publicly assisted housing, if sufficient private sector employment is not available. +(E) On-the-job training. +(F) Job search and job readiness assistance. +(G) Community service programs. +(H) Vocational educational training (not to exceed 12 months with respect to any individual). +(I) Job skills training directly related to employment. +(J) Education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalence. +(K) Satisfactory attendance at a secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate. +(L) The provision of child care services to an individual who is participating in a community service program. +(b) Any month in which any of the following conditions exists shall not be counted as one of the 24 months of participation allowed under paragraph (1) of subdivision (a): +(1) The recipient is participating in job search in accordance with Section 11325.22, assessment pursuant to Section 11325.4, is in the process of appraisal as described in Section 11325.2, or is participating in the development of a welfare-to-work plan as described in Section 11325.21. +(2) The recipient is no longer receiving aid, pursuant to Sections 11327.4 and 11327.5. +(3) The recipient has been excused from participation for good cause, pursuant to Section 11320.3. +(4) The recipient is exempt from participation pursuant to subdivision (b) of Section 11320.3. +(5) The recipient is only required to participate in accordance with subdivision (d) of Section 11320.3. +(6) The recipient is participating in family stabilization pursuant to Section 11325.24, and the recipient would meet the criteria for good cause pursuant to Section 11320.3. This paragraph may apply to a recipient for no more than six cumulative months. +(7) The recipient has been participating in a high school equivalency program pursuant to Section 11325.3 for at least six months, but has not yet obtained a certificate of high school equivalency. This paragraph may apply to a recipient for no more than six cumulative months, which may be extended for no more than an additional six cumulative months based on a likelihood that the recipient will obtain his or her certificate of high school equivalency during that time period. +(c) County welfare departments shall provide each recipient who is subject to the requirements of paragraph (3) of subdivision (a) written notice describing the 24-month time limitation described in that paragraph and the process by which recipients may claim exemptions from, and extensions to, those requirements. +(d) The notice described in subdivision (c) shall be provided at the time the individual applies for aid, during the recipient’s annual redetermination, and at least once after the individual has participated for a total of 18 months, and prior to the end of the 21st month, that count toward the 24-month time limit. +(e) The notice described in this section shall include, but shall not be limited to, all of the following: +(1) The number of remaining months the adult recipient may be eligible to receive aid. +(2) The requirements that the recipient must meet in accordance with paragraph (3) of subdivision (a) and the action that the county will take if the adult recipient does not meet those requirements. +(3) The manner in which the recipient may dispute the number of months counted toward the 24-month time limit. +(4) The opportunity for the recipient to modify his or her welfare-to-work plan to meet the requirements of paragraph (3) of subdivision (a). +(5) The opportunity for an exemption to, or extension of, the 24-month time limitation. +(f) For an individual subject to the requirements of paragraph (3) of subdivision (a), who is not exempt or granted an extension, and who does not meet those requirements, the provisions of Sections 11327.4, 11327.5, 11327.9, and 11328.2 shall apply to the extent consistent with the requirements of this section. For purposes of this section, the procedures referenced in this subdivision shall not be described as sanctions. +(g) (1) The department, in consultation with stakeholders, shall convene a workgroup to determine further details of the noticing and engagement requirements for the 24-month time limit, and shall instruct counties via an all-county letter, followed by regulations, no later than 18 months after the effective date of the act that added this section. +(2) The workgroup described in paragraph (1) may also make recommendations to refine or differentiate the procedures and due process requirements applicable to individuals as described in subdivision (f). +(h) (1) Notwithstanding paragraph (3) of subdivision (a) or any other law, an assistance unit that contains an eligible adult who has received assistance under this chapter, or from any state pursuant to the Temporary Assistance for Needy Families program (Part A (commencing with Section 401) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.)) prior to January 1, 2013, may continue in a welfare-to-work plan that meets the requirements of Section 11322.6 for a cumulative period of 24 months commencing January 1, 2013, unless or until he or she exceeds the 48-month time limitation described in Section 11454. +(2) All months of assistance described in paragraph (1) prior to January 1, 2013, shall not be applied to the 24-month limitation described in paragraph (1) of subdivision (a). +SEC. 4. +Section 11325.3 is added to the Welfare and Institutions Code, to read: +11325.3. +(a) If, in the course of appraisal pursuant to Section 11325.2, it is determined that the recipient has not received his or her high school diploma or its equivalent, the recipient shall be eligible to participate in a high school equivalency program in order to complete the High School Equivalency Test, General Education Development Test, Test Assessing Secondary Completion, or any other high school equivalency test recognized by the State Department of Education. +(b) This section does not require a recipient to participate in a high school equivalency program. A recipient may choose to engage in a job club or a job search pursuant to Section 11325.22. +(c) Recipients eligible pursuant to this section shall not be required to participate in an assessment pursuant to Section 11325.4 prior to, or as a condition of, participation in a high school equivalency program.","Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using federal, state, and county funds. Existing law establishes a 48-month lifetime limit of CalWORKs benefits for eligible adults, as specified. Existing law requires a recipient of CalWORKs to participate in certain welfare-to-work activities as a condition of eligibility for 24 cumulative months, as specified, and to meet other federal requirements, as specified. Existing law provides that participation in certain activities is not counted against that 24-month period. Existing law requires the county to assign a CalWORKs recipient who lacks a high school diploma or its equivalent to participate in adult basic education, if the recipient has completed job search activities but did not find employment and the education is needed to become employed. Existing law also requires, in order for a recipient to engage in adult basic education in satisfaction of welfare-to-work requirements, the county to perform an assessment and develop a welfare-to-work plan that includes participation in the educational activity. +This bill would instead provide that if the county determines that a CalWORKs recipient has not received his or her high school diploma or its equivalent, the recipient may participate in a high school equivalency program in order to complete a high school equivalency test recognized by the State Department of Education, and that a specified amount of time participating in that activity would not count against the 24-month period described above for certain recipients. The bill would authorize a recipient to participate in a high school equivalency program in lieu of participating in a job search or job club, as specified, and would prohibit a county from requiring the recipient to participate in an assessment before the recipient may engage in a high school equivalency program in satisfaction of welfare-to-work requirements.","An act to amend Sections 11320.1, 11322.6, and 11322.85 of, and to add Section 11325.3 to, the Welfare and Institutions Code, relating to CalWORKs." +1116,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declare as follows: +(a) Currently, bail agents, as defined in Section 1802 of the California Insurance Code, pay five hundred sixty-six dollars ($566) for a two-year license and one hundred seventy dollars ($170) for a license renewal. Bail permittees, as defined in Section 1802.5 of the Insurance Code, pay one thousand one hundred thirty-four dollars ($1,134) for a two-year license and seven hundred sixteen dollars ($716) for a license renewal. Bail solicitors, as defined in Section 1803 of the Insurance Code, pay five hundred sixty-six dollars ($566) for a two-year license and one hundred seventy dollars ($170) for a license renewal. +(b) Section 12978 of the Insurance Code states that the cumulative amount that fees may be increased or decreased shall be the amount necessary to provide sufficient moneys to carry out the projected workload of the Department of Insurance. +(c) In the past five years, the seriousness and the number of bail complaints received by the department have steadily increased. +(d) Despite the fact that bail products are less than 2 percent of the insurance market, bail complaints account for roughly 10 percent of the Reports of Suspected Violation workload of the department’s Enforcement Branch. +(e) The limited resources of the department do not currently allow for a sufficiently comprehensive bail enforcement program. Additional resources are needed to create an aggressive prevention, investigation, and prosecution program dedicated to eliminating illegal bail schemes, and additionally to increase outreach and education, particularly to bail professionals, on bail laws in California. +(f) Legislation is necessary that would provide the department with the resources to eliminate the bail complaint backlog, and more fully investigate illegal bail practices, by more appropriately aligning the licensing fees paid by bail agents, bail permittees, and bail solicitors, and by creating a Bail Investigation and Prosecution Fund within the department. The fund would contain resources from increased licensing fees for bail professionals and from the imposition of a fee of ten dollars ($10) per bond transaction in California. A portion of the moneys in the fund would be distributed to district attorneys and city attorneys to prosecute these cases. +(g) Effective bail enforcement by the department produces numerous benefits to both the bail bond industry and consumers who purchase bail products. Consumers are protected from predatory tactics by unscrupulous bail agents, and the bail industry benefits from improved customer confidence. +(h) A well-regulated bail industry reduces business and transaction costs for industry members, who benefit when business partners perceive less risk from engagement with the bail industry, and it fosters competitive bail markets by ensuring a level playing field for all members of the bail industry. +SEC. 2. +Section 1811 of the Insurance Code is amended to read: +1811. +For his services in connection with the filing of any application or request for any license under this chapter, the commissioner shall charge and collect the following fees: +(a) For filing an application or request for bail agent’s license, +one hundred eighteen dollars ($118) +one thousand one hundred thirty-two dollars ($1,132) +per year. +(b) For filing an application or request for bail solicitor’s license, +one hundred eighteen dollars ($118) +one thousand one hundred thirty-two dollars ($1,132) +per year. +(c) For filing an application or request for bail permittee’s license, +two hundred thirty-six dollars ($236). +two thousand two hundred sixty-eight dollars ($2,268). +(d) For filing an application for examination, or reexamination, twenty-four dollars ($24). +(e) For a renewal application, a fee of +thirty-five dollars ($35) +three hundred forty dollars ($340) +per year. In the case of a bail agent with more than one valid notice of appointment on file, the fee to be charged pursuant to this subdivision shall be the fee provided herein multiplied by the number of insurers whose valid appointments are on file at the date the document is filed unless the bail agent in that document advises the commissioner of his or her intent to terminate the appointment of one or more of those insurers, in which event the fee shall be based upon the number for insurers remaining. +(f) For a bail solicitor’s renewal application, a fee of +thirty-five dollars ($35) +three hundred forty dollars ($340) +per year. +(g) For a bail permittee’s renewal application, a fee of +one hundred forty-eight dollars ($148) per year. +one thousand one hundred thirty-two dollars ($1,132). +(h) At the time of filing an application for a license, if a qualifying examination is required for issue or in connection with the license, the fee for filing the first application to take the qualifying examination shall be paid at the time of filing application for the license. +(i) For filing application or request for approval of a true or fictitious name pursuant to Section 1724.5, twelve dollars ($12), except that there shall be no fee when the name is contained in an original application. +(j) For filing a bond required by this chapter, except when the bond constitutes part of an original application, ten dollars ($10). +(k) For filing a first amendment to an application, six dollars ($6). +(l) For filing a second and each subsequent amendment to an application, twelve dollars ($12). +SEC. 3. +Section 1824 is added to the Insurance Code, to read: +1824. +(a) The Bail Investigation and Prosecution Fund is hereby created as a special account within the Insurance Fund. Each surety insurer or bail permittee admitted and authorized to execute an undertaking of bail in this state through a licensed bail licensee shall pay a fee per bail bond transaction, not to exceed ten dollars ($10) for each bail bond posted in this state. The revenue from this fee shall be deposited into the Bail Investigation and Prosecution Fund. +(b) Moneys in the Bail Investigation and Prosecution Fund shall be distributed, upon appropriation by the Legislature, to fund the reasonable costs incurred in regulating entities involved in the undertaking of bail as described in this section. Moneys in the Bail Investigation and Prosecution Fund shall not be used for any other purpose. Moneys in the Bail Investigation and Prosecution Fund shall be distributed by the commissioner as follows: +(1) Seventy percent of these funds shall be distributed within the department for consumer enforcement and protection purposes related to bail transactions, including, but not limited to: +(A) Investigating and prosecuting unlawful conduct by bail licensees, or a person or entity purporting to solicit or negotiate in respect to execution or delivery of an undertaking of bail or bail bond, or execute or deliver an undertaking of bail or bail bond, or matters subsequent to the execution of an undertaking of bail or bail bond contract and arising out of it. +(B) Responding to consumer inquiries and complaints related to bail transactions. +(C) Regulating and overseeing bail bond products, solicitation, and advertising directed toward consumers. +(D) The cost of any fiscal audit performed pursuant to this section. +(2) Thirty percent of the funds shall be distributed to county district attorneys and city attorneys, for investigating and prosecuting surety insurer and bail abuse cases involving licensees, or any person or entity engaged in the solicitation or negotiation in respect to execution or delivery of an undertaking of bail or bail bond, or execution or delivery of an undertaking of bail or bail bond. +(A) The commissioner shall distribute funds to county district attorneys and city attorneys who show a likely positive outcome that will benefit consumers in the local jurisdiction based on specific criteria promulgated by the commissioner. Each local district attorney and city attorney desiring a portion of those funds shall submit to the commissioner an application, including, at a minimum, all of the following: +(i) The proposed use of the moneys and the anticipated outcome. +(ii) A list of all prior relevant cases or projects and a copy of the final accounting for each. If cases or projects are ongoing, the most recent accounting shall be provided. +(iii) A detailed budget, including salaries and general expenses, specifically identifying the cost of purchase or rental of equipment or supplies. +(B) Each district attorney and city attorney who receives funds pursuant to this section shall submit a final detailed accounting at the conclusion or closure of each case or project. For cases or projects that continue longer than six months, interim accountings shall be submitted every six months, or as otherwise directed by the commissioner. +(C) Each district attorney and city attorney who receives funds pursuant to this section shall submit a final report to the commissioner, which may be made public, as to the success of the cases or projects conducted. The report shall provide information and statistics on the number of active investigations, arrests, indictments, and convictions. The applications for moneys, the distribution of moneys, and the annual reports shall be public documents. +(c) Notwithstanding any other provision of this section, information submitted to the commissioner pursuant to this section concerning criminal investigations, whether active or inactive, shall be confidential. +(d) The commissioner may conduct a fiscal audit of the programs administered under this subdivision. If conducted, this fiscal audit shall be conducted by an internal audit unit of the department. +(e) If the commissioner determines that a district attorney or city attorney is unable or unwilling to investigate or prosecute a relevant bail abuse case, the commissioner may discontinue distribution of funds allocated for that matter and may redistribute those funds to other eligible district attorneys or city attorneys. +(f) If, as of June 30 of any calendar year, the total amount in the Bail Investigation and Prosecution Fund exceeds eight million dollars ($8,000,000), the commissioner shall reduce the amount of the assessment accordingly for the following year to eliminate that excess. A surety insurer, upon receipt of an invoice, shall transmit payment to the department for deposit in the Bail Investigation and Prosecution Fund. Any balance remaining in the Bail Investigation and Prosecution Fund at the end of the fiscal year shall be retained in the account, to be available in the next fiscal year. +(g) The commissioner may develop guidelines for implementing or clarifying these provisions, including guidelines for the allocation, distribution, and potential return of unused funds. The commissioner may, from time to time, issue regulations for implementing or clarifying these provisions. +(h) The commissioner shall provide a consolidated report annually on the department’s Internet Web site, which shall include, but is not limited to, the following information: +(1) The number of consumer complaints regarding to bail bond transactions. +(2) The number of investigations initiated relating to bail bond transactions. +(3) The number of investigations related to bail and bail bond transactions referred to and reported by prosecuting agencies. +(4) The number of administrative or regulatory cases related to bail and bail bond transactions referred to the department’s legal division. +(5) The number of administrative or regulatory enforcement actions taken in cases related to bail and bail bond transactions. +(i) A violation of this section is not a crime pursuant to Section 1814. +SEC. 4. +The Legislature finds and declares that Section 3 of this act, which adds Section 1824 to the Insurance Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +In order to ensure that criminal investigations are not frustrated or hindered, it is necessary to limit the public’s right of access to information submitted to the Insurance Commissioner pursuant to this act concerning criminal investigations.","Existing law provides for the issuance of bail licenses under the jurisdiction of the Insurance Commissioner for bail agents, bail permittees, and bail solicitors. Existing law requires persons soliciting or negotiating the execution or delivery of an undertaking of bail on behalf of a surety insurer to be licensed as a bail agent. Existing law requires the commissioner to charge and collect specified fees for an application for a new or renewed bail license by a bail agent, bail permittee, or bail solicitor. +This bill would increase the fees for an application for a new or renewed bail license, as specified. The bill would require each surety insurer or bail permittee to pay a fee, not to exceed $10 per bail bond transaction. These fees would go to the Bail Investigation and Prosecution Fund, created as a special account in the Insurance Fund. The bill would provide that moneys in the Bail Investigation and Prosecution Fund be distributed by the commissioner, upon appropriation, to fund the reasonable costs incurred in regulating entities involved in the undertaking of bail, as specified. The bill would provide that if the total amount in the Bail Investigation and Prosecution Fund ever exceeds $8,000,000, then the commissioner shall reduce the amount of the assessment, as specified. The bill would authorize the commissioner to develop guidelines to implement or clarify these provisions. The bill would require the commissioner to provide an annual report on the department’s Internet Web site including various information, as specified. The bill would make related legislative findings and declarations. +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect.","An act to amend Section 1811 of, and to add Section 1824 to, the Insurance Code, relating to insurance." +1117,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 53115.1 of the Government Code is amended to read: +53115.1. +(a) There is in state government the State 911 Advisory Board. +(b) The advisory board shall be composed of the following members appointed by the Governor who shall serve at the pleasure of the Governor: +(1) The Chief of the Public Safety Communications Division shall serve as the nonvoting chair of the board. +(2) One representative from the Department of the California Highway Patrol. +(3) Two representatives on the recommendation of the California Police Chiefs Association. +(4) Two representatives on the recommendation of the California State Sheriffs’ Association. +(5) Two representatives on the recommendation of the California Fire Chiefs Association. +(6) Two representatives on the recommendation of the CalNENA Executive Board. +(7) One representative on the joint recommendation of the executive boards of the state chapters of the Association of Public-Safety Communications Officials-International, Inc. +(8) One representative from the California Emergency Medical Services Authority. +(9) One representative with a background in the telecommunications industry. +(c) (1) Recommending authorities shall give great weight and consideration to the knowledge, training, and expertise of the appointee with respect to their experience within the California 911 system. Board members should have at least two years of experience as a Public Safety Answering Point (PSAP) manager or county coordinator, except where a specific person is designated as a member. +(2) A representative from the California Emergency Medical Services +Authority, communications industry, cellular technology or telecommunications industry, or public safety communications field +Authority or +with a background in the telecommunications industry +shall not be a member of the board if, during the two years prior to appointment on the board, he or she received a substantial portion of his or her income directly or indirectly from a professional category or industry listed +above. +in subdivision (b). +(d) Members of the advisory board shall serve at the pleasure of the Governor, but may not serve more than two consecutive two-year terms, except as follows: +(1) The presiding Chief of the Public Safety Communications Division shall serve for the duration of his or her tenure. +(2) Four of the members shall serve an initial term of three years. +(e) Advisory board members shall not receive compensation for their service on the board, but may be reimbursed for travel and per diem for time spent in attending meetings of the board. +(f) The advisory board shall meet quarterly in public sessions in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 2 of Part 1 of Division 3 of Title 2). The division shall provide administrative support to the State 911 Advisory Board. The State 911 Advisory Board, at its first meeting, shall adopt bylaws and operating procedures consistent with this article and establish committees as necessary. +(g) Notwithstanding any other provision of law, a member of the advisory board may designate a person to act as that member in his or her place and stead for all purposes, as though the member were personally present. +(h) (1) A member of the advisory board shall not personally and substantially participate, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a claim, contract, controversy, determination, plan, study, or other particular matter in which the advisory board is a party or has an interest, if the member of the advisory board has knowledge that he or she, his or her spouse, minor child, or partner, or an organization for which the member of the advisory board currently serves as an officer, director, trustee, partner, or employee or has served in this position within the two year period prior to his or her appointment to the advisory board has a direct or indirect financial interest. +(2) A member of the advisory board shall not act as an agent, attorney, or employee for any party other than the state when the advisory board is a party to or has a direct, substantial interest in a judicial or other proceeding, hearing, application, request for a ruling, or other determination, contract, claim, controversy, study, plan, or other particular matter. +(3) A representative from the California Emergency Medical Services +Authority, communications industry, cellular technology or telecommunications industry, or public safety communications field +Authority or with a background in the telecommunications industry +shall not be employed within a professional category or industry listed +above +in subdivision (b) +within two years after he or she ceases to be a member of the board. +(4) For purposes of this subdivision, “organization” shall not include a governmental agency or educational or research institution that is a tax exempt, nonprofit organization.","Existing law establishes the State 911 Advisory +Board +Board +, +which is composed of 11 members who meet quarterly in public sessions and are appointed by, and serve at the pleasure +of +of, +the Governor. +This bill would increase the membership to 13 members, as specified. +This bill would also prohibit a representative from the California Emergency Medical Services +Authority, communications industry, cellular technology +or +with a background in the +telecommunications +industry, or public safety communications field +industry +from being a member of the board if, during the 2 years prior to appointment on the board, he or she received a substantial portion of his or her income from a listed professional category or industry. +Existing law, the Political Reform Act of 1974, generally prohibits a public official at any level of state or local government from making, participating in making, or in any way attempting to use his or her official position to influence a governmental decision in which he or she knows, or has reason to know, he or she has a financial interest. +This bill would prohibit a member of the advisory board from personally and substantially participating, as specified, in a claim, contract, controversy, determination, plan, study, or other matter in which the advisory board is a party or has an interest, if the member of the advisory board has knowledge that he or she, his or her spouse, minor child, or partner, or an organization, as specified, for which the member of the advisory board currently serves as an officer, director, trustee, partner, or employee or has served in this position within the 2 year period prior to his or her appointment to the advisory board has a direct or indirect financial interest in the matter. +This bill would prohibit a member of the advisory board from acting as an agent, attorney, or employee for any party other than the state when the advisory board is a party to or has a direct, substantial interest in a judicial or other proceeding, hearing, application, request for a ruling, or other determination, contract, claim, controversy, study, plan, or other particular matter. +This bill would also prohibit a representative from the California Emergency Medical Services +Authority, communications industry, cellular technology or telecommunications industry, or public safety communications field +Authority or with a background in the telecommunications industry +from being employed within a listed professional category or industry within 2 years after he or she ceases to be a member of the board.","An act to amend Section 53115.1 of the Government Code, relating to emergency services." +1118,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 27521 of the Government Code is amended to read: +27521. +(a) A postmortem examination or autopsy conducted at the discretion of a coroner, medical examiner, or other agency upon an unidentified body or human remains is subject to this section. +(b) A postmortem examination or autopsy shall include, but shall not be limited to, the following procedures: +(1) Taking of all available fingerprints and palm prints. +(2) A dental examination consisting of dental charts and dental X-rays of the deceased person’s teeth, which may be conducted on the body or human remains by a qualified dentist as determined by the coroner. +(3) The collection of tissue, including a hair sample, or body fluid samples for future DNA testing, if necessary. +(4) Frontal and lateral facial photographs with the scale indicated. +(5) Notation and photographs, with a scale, of significant scars, marks, tattoos, clothing items, or other personal effects found with or near the body. +(6) Notations of observations pertinent to the estimation of the time of death. +(7) Precise documentation of the location of the remains. +(c) The postmortem examination or autopsy of the unidentified body or remains may include full body X-rays. +(d) (1) At the sole and exclusive discretion of a coroner, medical examiner, or other agency tasked with performing an autopsy pursuant to Section 27491, an electronic image system, including, but not limited to, an X-ray computed tomography scanning system, may be used to fulfill the requirements of subdivision (b) or of a postmortem examination or autopsy required by other law, including but not limited to, Section 27520. +(2) Nothing in this subdivision imposes a duty upon any coroner, medical examiner, or other agency tasked with performing autopsies pursuant to Section 27491 to use an electronic image system to perform autopsies or to acquire the capability to do so. +(3) A coroner, medical examiner, or other agency tasked with performing an autopsy pursuant to Section 27491 shall not use an electronic imaging system to conduct an autopsy in any investigation where the circumstances surrounding the death afford a reasonable basis to suspect that the death was caused by or related to the criminal act of another and it is necessary to collect evidence for presentation in a court of law. If the results of an autopsy performed using electronic imaging provides the basis to suspect that the death was caused by or related to the criminal act of another, and it is necessary to collect evidence for presentation in a court of law, then a dissection autopsy shall be performed in order to determine the cause and manner of death. +(4) An autopsy may be conducted using an X-ray computed tomography scanning system notwithstanding the existence of a certificate of religious belief properly executed in accordance with Section 27491.43. +(e) The coroner, medical examiner, or other agency performing a postmortem examination or autopsy shall prepare a final report of investigation in a format established by the Department of Justice. The final report shall list or describe the information collected pursuant to the postmortem examination or autopsy conducted under subdivision (b). +(f) The body of an unidentified deceased person shall not be cremated or buried until the jaws (maxilla and mandible with teeth), or other bone sample if the jaws are not available, and other tissue samples are retained for future possible use. Unless the coroner, medical examiner, or other agency performing a postmortem examination or autopsy has determined that the body of the unidentified deceased person has suffered significant deterioration or decomposition, the jaws shall not be removed until immediately before the body is cremated or buried. The coroner, medical examiner, or other agency responsible for a postmortem examination or autopsy shall retain the jaws and other tissue samples for one year after a positive identification is made, and no civil or criminal challenges are pending, or indefinitely. +(g) If the coroner, medical examiner, or other agency performing a postmortem examination or autopsy with the aid of the dental examination and any other identifying findings is unable to establish the identity of the body or human remains, the coroner, medical examiner, or other agency shall submit dental charts and dental X-rays of the unidentified deceased person to the Department of Justice on forms supplied by the Department of Justice within 45 days of the date the body or human remains were discovered. +(h) If the coroner, medical examiner, or other agency performing a postmortem examination or autopsy with the aid of the dental examination and other identifying findings is unable to establish the identity of the body or human remains, the coroner, medical examiner, or other agency shall submit the final report of investigation to the Department of Justice within 180 days of the date the body or human remains were discovered. The final report of investigation shall list or describe the information collected pursuant to the postmortem examination or autopsy conducted under subdivision (b), and any anthropology report, fingerprints, photographs, and autopsy report.","Existing law makes it the duty of a coroner to inquire into and determine the circumstances, manner, and cause of deaths under prescribed conditions, including deaths under such circumstances as to afford a reasonable ground to suspect that the death was caused by the criminal act of another. Existing law provides for the execution of a certificate of religious belief stating that postmortem anatomical dissection or specified procedures would violate the religious convictions of the person, and, except as specified, prohibits a coroner from performing the procedure. Existing law requires a postmortem examination or autopsy to include certain procedures, including, among others, taking available fingerprints and palm prints and a dental examination including dental charts and dental X-rays, as specified. Existing law authorizes the postmortem examination or autopsy of the unidentified body or remains to include full body X-rays. +This bill, except as specified, would authorize a coroner, medical examiner, or other agency required to perform an autopsy in a death under those prescribed conditions to use an electronic image system, including, but not limited to, an X-ray computed tomography scanning system, to fulfill specified postmortem examination or autopsy requirements. The bill would prohibit a coroner, medical examiner, or other agency performing an autopsy in a death under those prescribed conditions from using an electronic image system to conduct the autopsy in any investigation where the circumstances surrounding the death afford a reasonable basis to suspect that the death was caused by or related to the criminal act of another and it is necessary to collect evidence for presentation in a court of law. The bill would require a dissection autopsy to be performed to determine the cause and manner of death if the results of an autopsy performed using electronic imaging provides the basis to suspect that the death was caused by or related to the criminal act of another and it is necessary to collect evidence for presentation in a court of law. The bill would allow an autopsy to be conducted using an X-ray computed tomography scanning system without regard to the existence of a properly-executed certificate of religious belief.","An act to amend Section 27521 of the Government Code, relating to autopsy." +1119,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2860 of the Public Utilities Code is repealed. +SEC. 2. +Section 2861 of the Public Utilities Code is amended to read: +2861. +As used in this article, the following terms have the following meanings: +(a) “Disadvantaged community” means a community identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code. +(b) “Gas customer” includes both “core” and “noncore” customers, as those terms are used in Chapter 2.2 (commencing with Section 328) of Part 1, that receive retail end-use gas service within the service territory of a gas corporation. +(c) “kWth” or “kilowatts thermal” means the unit of measure of the equivalent thermal capacity of a solar thermal system that is calculated by multiplying the aperture area of the solar collector area of the system, expressed in square meters, by a conversion factor of 0.7. +(d) “kWhth” means kilowatthours thermal as measured by the number of kilowatts thermal generated, or displaced, in an hour. +(e) “Low-income residential housing” means either of the following: +(1) Residential housing financed with low-income housing tax credits, tax-exempt mortgage revenue bonds, general obligation bonds, or local, state, or federal loans or grants, and for which the rents of the occupants who are lower income households, as defined in Section 50079.5 of the Health and Safety Code, do not exceed those prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance. +(2) A residential complex in which at least 20 percent of the total units are +sold or +rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code, and the housing units targeted for lower income households are +already, at the time of the funding commitment pursuant to this article, +subject to a deed restriction or affordability covenant with a public entity that ensures that the units will be available at an affordable housing cost meeting the requirements of Section 50052.5 of the Health and Safety Code, or at an affordable rent meeting the requirements of Section 50053 of the Health and Safety +Code, for a period of not less than 30 years. +Code. +(f) “New Solar Homes Partnership” means the 10-year program, administered by the Energy Commission, encouraging solar energy systems in new home construction. +(g) “Solar heating collector” means a device that is used to collect or capture heat from the sun and that is generally, but need not be, located on a roof. +(h) “Solar thermal system” means a solar energy device that has the primary purpose of reducing demand for natural gas or electricity through water heating, space heating or cooling, or other methods of capturing heat energy from the sun to reduce natural gas or electricity consumption in a home, business, or any building or facility receiving natural gas that is subject to the surcharge established pursuant to paragraph (2) of subdivision (b) of Section 2863, or exempt from the surcharge pursuant to paragraph (4) of subdivision (b) of Section 2863, and that meets or exceeds the eligibility criteria established pursuant to Section 2864. “Solar thermal systems” include multifamily residential, industrial, governmental, educational, and nonprofit solar pool heating systems, but do not include single-family residential solar pool heating systems. +SEC. 3. +Section 2862 of the Public Utilities Code is amended and renumbered to read: +2860. +(a) The Legislature finds and declares all of the following: +(1) California is heavily dependent on natural gas. +(2) The storage and delivery of natural gas relies on aging infrastructure that is prone to leaks that can damage the environment and imperil public health. +(3) Natural gas is a fossil fuel and a major source of global warming pollution and the pollutants that cause air pollution, including smog. +(4) California’s growing population and economy will put a strain on energy supplies and threaten the ability of the state to meet its global warming goals unless specific steps are taken to reduce demand and generate energy cleanly and efficiently. +(5) Water heating for domestic and industrial use relies almost entirely on natural gas and accounts for a significant percentage of the state’s natural gas consumption. +(6) Solar thermal systems represent the major untapped natural gas saving potential in California. +(7) In addition to financial and energy savings, solar water heating systems can help protect against future gas and electricity shortages and reduce our dependence on foreign sources of energy. +(8) Solar thermal systems can also help preserve the environment and protect public health by reducing air pollution, including carbon dioxide, a leading global warming gas, and nitrogen oxide, a precursor to smog. +(9) Growing demand for these technologies will create jobs in California as well as promote greater energy independence, protect consumers from rising energy costs, and result in cleaner air. +(10) Installing solar thermal systems in disadvantaged communities can provide local economic benefits while advancing the state’s clean energy goals and policies to reduce the emissions of greenhouse gases. +(11) It is in the interest of the State of California to promote solar thermal systems and other technologies that directly reduce demand for natural gas in homes and businesses. +(b) It is the intent of the Legislature to build a mainstream market for solar thermal systems that directly reduces demand for natural gas in homes, businesses, schools, industrial and government buildings, and buildings occupied by nonprofit organizations. +(c) It is the intent of the Legislature that the solar thermal system incentives created by this article should lead to cost-effective investments by gas customers. Gas customers will recoup the cost of these investments through lower energy bills as a result of avoiding purchases of natural gas. +SEC. 4. +Section 2863 of the Public Utilities Code is amended to read: +2863. +(a) By July 31, 2017, the commission shall do all of the following: +(1) Implement changes to the program as authorized pursuant to this section as it read on December 31, 2016, applicable to the service territories of a gas corporation to promote the installation of solar thermal systems in homes, businesses, and buildings or facilities of eligible customer classes receiving natural gas service throughout the state. Eligible customer classes shall include single-family and multifamily residential, commercial, industrial, governmental, nonprofit, and primary, secondary, and postsecondary educational customers. The commission shall implement program changes in phases, if necessary, to enable seamless continuation of the availability of rebates as of January 1, 2017. +(2) The program shall be administered by gas corporations or third-party administrators, as determined by the commission, and subject to the supervision of the commission. +(3) The commission shall coordinate the program with the Energy Commission’s programs and initiatives, including, but not limited to, the New Solar Homes Partnership, to achieve the goal of building zero-energy homes. +(b) (1) The commission shall fund the program through the use of a surcharge applied to gas customers based upon the amount of natural gas consumed. The surcharge shall be in addition to any other charges for natural gas sold or transported for consumption in this state. +(2) Funding for the program established by this article shall not, for the collective service territories of all gas corporations, exceed two hundred fifty million dollars ($250,000,000) over the course of the period from January 1, 2017, to July 31, 2022, inclusive. +(3) Fifty percent of the total program budget shall be reserved for the installation of solar thermal systems in low-income residential housing or in buildings in disadvantaged communities. The commission may revise the percentage if the budget for other types of customers becomes depleted. +(4) Ten percent of the total program budget shall be reserved for the installation of solar thermal systems for industrial applications. The +commisison +commission +may revise the percentage if the budget for other types of customers becomes depleted. +(5) The commission shall annually establish a surcharge rate for each class of gas customers. Any gas customer participating in the California Alternate Rates for Energy (CARE) or Family Electric Rate Assistance (FERA) programs shall be exempt from paying any surcharge imposed to fund the program designed and implemented pursuant to this article. +(6) Any surcharge imposed to fund the program designed and implemented pursuant to this article shall not be imposed upon the portion of any gas customer’s procurement of natural gas that is used or employed for a purpose that Section 896 excludes from being categorized as the consumption of natural gas. +(7) The gas corporation or other person or entity providing revenue cycle services, as defined in Section 328.1, shall be responsible for collecting the surcharge. +(c) Funds shall be allocated in the form of customer rebates to promote utilization of solar thermal systems. +(1) On and after January 1, 2017, the rebate amount shall be consistent with the amount the commission established for the calendar year 2016 until revised by the commission pursuant to paragraph (2). +(2) Beginning in 2017, and every two years thereafter, the commission shall consider revisions to the rebate amount, taking into account the cost of installing solar thermal systems and the price of natural gas to end-use customers. +(3) The commission shall ensure that a cap on the maximum rebate amount does not unreasonably impair the ability of industrial customers to participate in the program. +(d) In designing and implementing the program required by this article, no moneys shall be diverted from any existing programs for low-income ratepayers or cost-effective energy efficiency programs. +SEC. 5. +Section 2864 of the Public Utilities Code is amended to read: +2864. +(a) The commission, in consultation with the Energy Commission and interested members of the public, shall establish eligibility criteria for solar thermal systems receiving gas customer funded incentives pursuant to this article. The criteria should specify and include all of the following: +(1) Design, installation, and energy output or displacement standards. To be eligible for rebate funding, a residential solar thermal system shall be certified by an accredited listing agency in accordance with standards adopted by the commission. Solar collectors used in systems for multifamily residential, commercial, government, nonprofit, educational, or industrial applications shall be certified by an accredited listing agency in accordance with standards adopted by the commission. Energy output of collectors and systems shall be determined in accordance with procedures set forth by the listing agency, and shall be based on testing results from accredited testing laboratories. +(2) A requirement that solar thermal system components are new and unused, and have not previously been placed in service in any other location or for any other application. +(3) A requirement that solar thermal collectors have a warranty of not less than 10 years to protect against defects and undue degradation. +(4) A requirement that solar thermal systems are in buildings or facilities connected to a natural gas utility’s distribution system within the state. +(5) +(A) +A requirement that solar thermal systems have meters or other kWhth measuring devices in place to monitor and measure the system’s performance and the quantity of energy generated or displaced by the system. +The cost of monitoring the system shall not exceed 2 percent of the system cost. +(B) The commission shall exempt from this requirement system types for which the cost of monitoring a system is likely to exceed 2 percent of the system cost. After a public stakeholder process, the commission may adjust this percentage to ensure reasonable balance between customer cost and value received, taking into account factors including, but not limited to, customer class, system type, system size, or changes in the market. +(6) A requirement that solar thermal systems are installed in conformity with the manufacturer’s specifications and all applicable codes and standards. +(7) A requirement that, when the property is not owner-occupied, the tenant shall not contract for the installation of a solar thermal system. The tenant may request that the owner participate in such a program. +(b) Gas customer funded incentives shall not be made for a solar thermal system that does not meet the eligibility criteria. +(c) The commission may adopt consensus solar standards applicable to products or systems as developed by accredited standards developers. +SEC. 6. +Section 2865 of the Public Utilities Code is amended to read: +2865. +(a) The commission shall establish conditions on gas customer funded incentives pursuant to this article. The conditions shall require both of the following: +(1) Appropriate siting and high-quality installation of the solar thermal system based on installation guidelines that maximize the performance of the system and prevent qualified systems from being inefficiently or inappropriately installed. The conditions shall not impact housing designs or densities presently authorized by a city, county, or city and county. The goal of this paragraph is to achieve efficient installation of solar thermal systems and promote the greatest energy production or displacement per gas customer dollar. +(2) Appropriate energy efficiency improvements in the new or existing home or facility where the solar thermal system is installed. +(b) The commission shall set rating standards for equipment, components, and systems to ensure reasonable performance and shall develop procedures that provide for compliance with the minimum ratings. +SEC. 7. +Section 2866 of the Public Utilities Code is amended to read: +2866. +(a) The commission may establish a grant program or a revolving loan or loan guarantee program for low-income residential housing consistent with the requirements of Chapter 5.3 (commencing with Section 25425) of Division 15 of the Public Resources Code. Notwithstanding Section 2867.4, all loans outstanding as of August 1, 2022, shall continue to be repaid in a manner that is consistent with the terms and conditions of the program adopted and implemented by the commission pursuant to this subdivision, until repaid in full. +(b) The commission may extend eligibility for funding pursuant to this section +and paragraph (3) of subdivision (b) of Section 2863 +to include residential housing occupied by ratepayers participating in a commission approved and supervised gas corporation Low-Income Energy Efficiency (LIEE) program and who either: +(1) Occupy a single-family home. +(2) Occupy at least 50 percent of all units in a multifamily dwelling structure. +(c) The commission shall ensure that lower income households, as defined in Section 50079.5 of the Health and Safety Code, and, if the commission expands the program pursuant to subdivision (b), ratepayers participating in a LIEE program, that receive gas service at residential housing with a solar thermal system receiving incentives pursuant to subdivision (a) benefit from the installation of the solar thermal systems through reduced or lowered energy costs. +(d) The commission shall do all of the following to implement the requirements of this section: +(1) Maximize incentives to properties that are committed to continuously serving the needs of lower income households, as defined in Section 50079.5 of the Health and Safety Code, and, if the commission expands the program pursuant to subdivision (b), ratepayers participating in a LIEE program. +(2) Establish conditions on the installation of solar thermal systems that ensure properties on which solar thermal systems are installed under subdivision (a) remain low-income residential properties for at least 10 years from the time of installation, including property ownership restrictions and income rental protections, and appropriate enforcement of these conditions. +SEC. 8. +Section 2867 of the Public Utilities Code is amended to read: +2867. +(a) Consistent with subdivision (c) of Section 2863, the commission shall consider reductions over time in rebates provided through the program. The rebate shall be structured so as to drive down the cost of the solar thermal technologies, and be paid out on a performance-based incentive basis so that incentives are earned based on the actual energy savings, or on predicted energy savings as established by the commission. +(b) The commission shall consider federal tax credits and other incentives available for this technology when determining the appropriate rebate amount. +(c) The commission shall consider the impact of rebates for solar thermal systems pursuant to this article on existing incentive programs for energy efficiency technology. +(d) In coordination with the commission, the Energy Commission shall consider, when appropriate, coupling rebates for solar thermal systems with complementary energy efficiency technologies, including, but not limited to, efficient hot water heating tanks and tankless or on demand hot water systems that can be installed in addition to the solar thermal system. +SEC. 9. +Section 2867.1 of the Public Utilities Code is repealed. +SEC. 10. +Section 2867.2 of the Public Utilities Code is repealed. +SEC. 11. +Section 2867.3 of the Public Utilities Code is amended to read: +2867.3. +The governing body of each publicly owned utility providing gas service to retail end-use gas customers shall, after a public proceeding, adopt, implement, and finance a solar thermal system incentive program that does all the following: +(a) Ensures that any solar thermal system receiving monetary incentives complies with eligibility criteria adopted by the governing body. The eligibility criteria shall include those elements contained in paragraphs (1) to (6), inclusive, of subdivision (a) of Section 2864. +(b) Includes minimum ratings and standards for equipment, components, and systems to ensure reasonable performance and compliance with the minimum ratings and standards. +(c) Includes an element that addresses the installation of solar thermal systems on low-income residential housing. If deemed appropriate in consultation with the California Tax Credit Allocation Committee, the governing board may establish a grant program or a revolving loan or loan guarantee program for low-income residential housing consistent with the requirements of Chapter 5.3 (commencing with Section 25425) of Division 15 of the Public Resources Code. +SEC. 12. +Section 2867.4 of the Public Utilities Code is repealed. +SEC. 13. +Section 2867.4 is added to the Public Utilities Code, to read: +2867.4. +This article shall become inoperative on August 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 14. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Solar Water Heating and Efficiency Act of 2007, until August 1, 2017, requires the Public Utilities Commission, if it determines that a solar water heating program is cost effective for ratepayers and in the public interest, to implement a program to promote the installation of 200,000 solar water heating systems in homes, businesses, and buildings or facilities of eligible customer classes receiving natural gas service throughout the state by 2017. The act establishes the maximum funding for the program, for the collective service territories of all gas corporations, at $250,000,000. The act, until August 1, 2017, requires the governing body of each publicly owned utility providing gas service to retail end-use customers to adopt, implement, and finance a solar water heating system incentive program to encourage the installation of 200,000 solar water heating systems by 2017. +This bill would revise the program to, among other things, promote the installation of solar thermal systems throughout the state, set the maximum funding for the program between January 1, 2017, and July 31, 2022, at $250,000,000, reserve 50% of the total program budget for the installation of solar thermal systems in low-income residential housing or in buildings in disadvantaged communities, and extend the operation of the program through July 31, 2022. Because a violation of any order, decision, rule, direction, demand, or requirement of the commission implementing these revisions would be a crime, this bill would impose a state-mandated local program. The bill would also require the governing body of each publicly owned utility providing gas service, until August 1, 2022, to adopt, implement, and finance a solar thermal system incentive program. Because the bill would extend the obligations of a publicly owned electric utility to adopt, implement, and finance the program, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for specified reasons.","An act to amend Sections 2861, 2863, 2864, 2865, 2866, 2867, and 2867.3 of, to amend and renumber Section 2862 of, to repeal Sections 2860, 2867.1, and 2867.2 of, and to repeal and add Section 2867.4 of, the Public Utilities Code, relating to energy." +1120,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2699 of the Labor Code is amended to read: +2699. +(a) Notwithstanding any other +provision of +law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of provisions specified in subdivision (b) of Section 2699.3 may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and other current or former employees pursuant to the procedures specified in Section 2699.3. +(b) For purposes of this part, “person” has the same meaning as defined in Section 18. +(c) For purposes of this part, “aggrieved employee” means any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. +(d) For purposes of this part, whenever the Labor and Workforce Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, has discretion to assess a civil penalty, a court is authorized to exercise the same discretion, subject to the same limitations and conditions, to assess a civil penalty. +(e) In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), a court may award a lesser amount than the maximum civil penalty amount specified by this part if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory. +(f) For provisions specified in subdivision (b) of Section 2699.3 except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation of these provisions, as follows: +(1) If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is five hundred dollars ($500). +(2) If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per pay period for the initial violation and two hundred dollars ($200) for each aggrieved employee per pay period for each subsequent violation. +(3) If the alleged violation is a failure to act by the Labor and Workplace Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, there shall be no civil penalty. +(g) An aggrieved employee may recover the civil penalty described in subdivision (f) in a civil action pursuant to the procedures specified in Section 2699.3 filed on behalf of himself or herself and other current or former employees against whom one or more of the alleged violations was committed. Any employee who prevails in any action shall be entitled to an award of reasonable attorney’s fees and costs. Nothing in this part shall operate to limit an employee’s right to pursue or recover other remedies available under state or federal law, either separately or concurrently with an action taken under this part. +(h) No action may be brought under this section by an aggrieved employee if the agency or any of its departments, divisions, commissions, boards, agencies, or employees, on the same facts and theories, cites a person within the timeframes set forth in Section 2699.3 for a violation of the same section or sections of the Labor Code under which the aggrieved employee is attempting to recover a civil penalty on behalf of himself or herself or others or initiates a proceeding pursuant to Section 98.3. +(i) Except as provided in subdivision (j), civil penalties recovered by aggrieved employees shall be distributed as follows: 75 percent to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes; and 25 percent to the aggrieved employees. +(j) Civil penalties recovered under paragraph (1) of subdivision (f) shall be distributed to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes. +(k) Nothing contained in this part is intended to alter or otherwise affect the exclusive remedy provided by the workers’ compensation provisions of this code for liability against an employer for the compensation for any injury to or death of an employee arising out of and in the course of employment. +(l) The superior court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part. +(m) This section shall not apply to the recovery of administrative and civil penalties in connection with the workers’ compensation law as contained in Division 1 (commencing with Section 50) and Division 4 (commencing with Section 3200), including, but not limited to, Sections 129.5 and 132a. +(n) The agency or any of its departments, divisions, commissions, boards, or agencies may promulgate regulations to implement the provisions of this part. +SEC. 2. +Section 2699.3 of the Labor Code is amended to read: +2699.3. +(a) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision listed in subdivision (b) shall commence only after the following requirements have been met: +(1) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. +(2) (A) The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 30 calendar days of the postmark date of the notice received pursuant to paragraph (1). Upon receipt of that notice or if no notice is provided within 33 calendar days of the postmark date of the notice given pursuant to paragraph (1), the aggrieved employee may commence a civil action pursuant to Section 2699. +(B) If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 33 calendar days of the postmark date of the notice received pursuant to paragraph (1). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee of that decision within five business days thereof by certified mail. Upon receipt of that notice or if no citation is issued by the agency within that 158-day period prescribed by this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699. +(C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part. +(b) The provisions of subdivision (a) apply to any alleged violation of the following provisions: Sections 226, 226.7, 510, and 512. +(c) The periods specified in this section are not counted as part of the time limited for the commencement of the civil action to recover penalties under this part. +SEC. 3. +Section 2699.5 of the Labor Code is repealed.","The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act requires the employee to follow specified procedures before bringing an action. +This bill would limit the violations for which an aggrieved employee is authorized to bring a civil action under the act and would require the employee to follow specified procedures before bringing an action.","An act to amend Sections 2699 and 2699.3 of, and to repeal Section 2699.5 of, the Labor Code, relating to employment." +1121,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2699.3 of the Labor Code is amended to read: +2699.3. +(a) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision listed in Section 2699.5 shall commence only after the following requirements have been met: +(1) (A) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. +(B) The employer may cure the alleged violation according to the procedures described in paragraph (2) of subdivision (c). If the alleged violation is not cured within the 33-day period prescribed in paragraph (2) of subdivision (c), in lieu of commencing a civil action, the employee or representative shall notify by certified mail the Labor and Workforce Development Agency and the employer of the failure to cure or, if the employee disputes that the alleged violation has been cured, the employee or representative shall provide notice pursuant to the procedures of subparagraph (A) of paragraph (3) of subdivision (c). +(2) (A) The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 30 calendar days of the postmark date of the notice received pursuant to subparagraph (B) of paragraph (1). Upon receipt of that notice or if no notice is provided within 33 calendar days of the postmark date of the notice given pursuant to subparagraph (B) of paragraph (1), the aggrieved employee may commence a civil action pursuant to Section 2699. +(B) If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 33 calendar days of the postmark date of the notice received pursuant to subparagraph (B) of paragraph (1). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee or representative of that decision within five business days thereof by certified mail. Upon receipt of that +notice +notice, +or if no citation is issued by the agency within that 158-day period prescribed by this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699. +(C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part. +(b) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall commence only after the following requirements have been met: +(1) (A) The aggrieved employee or representative shall give notice by certified mail to the Division of Occupational Safety and Health and the employer, with a copy to the Labor and Workforce Development Agency, of the specific provisions of Division 5 (commencing with Section 6300) alleged to have been violated, including the facts and theories to support the alleged violation. +(B) The employer may cure the alleged violation according to the procedures described in paragraph (2) of subdivision (c). If the alleged violation is not cured within the 33-day period prescribed in paragraph (2) of subdivision (c), in lieu of commencing a civil action, the employee or representative shall notify by certified mail the Division of Occupational Safety and Health and the employer, with a copy to the Labor and Workforce Development Agency, of the failure to cure or, if the employee disputes that the alleged violation has been cured, the employee or representative shall provide notice pursuant to the procedures of subparagraph (A) of paragraph (3) of subdivision (c). +(2) (A) The division shall inspect or investigate the alleged violation pursuant to the procedures specified in Division 5 (commencing with Section 6300). +(i) If the division issues a citation, the employee may not commence an action pursuant to Section 2699. The division shall notify the aggrieved employee or representative and employer in writing within 14 calendar days of certifying that the employer has corrected the violation. +(ii) If by the end of the period for inspection or investigation provided for in Section 6317, the division fails to issue a citation and the aggrieved employee disputes that decision, the employee may challenge that decision in the superior court. In such an action, the superior court shall follow precedents of the Occupational Safety and Health Appeals Board. If the court finds that the division should have issued a citation and orders the division to issue a citation, then the aggrieved employee may not commence a civil action pursuant to Section 2699. +(iii) A complaint in superior court alleging a violation of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall include therewith a copy of the notices provided to the division and employer pursuant to subparagraphs (A) and (B) of paragraph (1). +(iv) The superior court shall not dismiss the action for nonmaterial differences in facts or theories between those contained in the notices provided to the division and employer pursuant to subparagraphs (A) and (B) of paragraph (1) and the complaint filed with the court. +(B) If the division fails to inspect or investigate the alleged violation as provided by Section 6309, the aggrieved employee may commence a civil action pursuant to Section 2699. +(3) (A) Nothing in this subdivision shall be construed to alter the authority of the division to permit long-term abatement periods or to enter into memoranda of understanding or joint agreements with employers in the case of long-term abatement issues. +(B) Nothing in this subdivision shall be construed to authorize an employee to file a notice or to commence a civil action pursuant to Section 2699 during the period that an employer has voluntarily entered into consultation with the division to ameliorate a condition in that particular worksite. +(C) An employer who has been provided notice pursuant to this section may not then enter into consultation with the division in order to avoid an action under this section. +(4) The superior court shall review and approve any proposed settlement of alleged violations of the provisions of Division 5 (commencing with Section 6300) to ensure that the settlement provisions are at least as effective as the protections or remedies provided by state and federal law or regulation for the alleged violation. The provisions of the settlement relating to health and safety laws shall be submitted to the division at the same time that they are submitted to the court. This requirement shall be construed to authorize and permit the division to comment on those settlement provisions, and the court shall grant the division’s commentary the appropriate weight. +(c) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision other than those listed in Section 2699.5 or Division 5 (commencing with Section 6300) shall commence only after the following requirements have been met: +(1) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. +(2) (A) The employer may cure the alleged violation within 33 calendar days of the postmark date of the notice. The employer shall give written notice by certified mail within that period of time to the aggrieved employee or representative and the agency if the alleged violation is cured, including a description of actions taken, and no civil action pursuant to Section 2699 may commence. If the alleged violation is not cured within the 33-day period, the employee may commence a civil action pursuant to Section 2699. +(B) (i) Subject to the limitation in clause (ii), no employer may avail himself or herself of the notice and cure provisions of this subdivision more than three times in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite. +(ii) No employer may avail himself or herself of the notice and cure provisions of this subdivision with respect to alleged violations of paragraph (6) or (8) of subdivision (a) of Section 226 more than once in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite. +(3) (A) If the aggrieved employee disputes that the alleged violation has been cured, the aggrieved employee or representative shall provide written notice by certified mail, including specified grounds to support that dispute, to the employer and the agency. +(B) Within 17 calendar days of the postmark date of that notice, the agency shall review the actions taken by the employer to cure the alleged violation, and provide written notice of its decision by certified mail to the aggrieved employee or representative and the employer. The agency may grant the employer three additional business days to cure the alleged violation. If the agency determines that the alleged violation has not been cured or if the agency fails to provide timely or any notification, the employee may proceed with the civil action pursuant to Section 2699. If the agency determines that the alleged violation has been cured, but the employee still disagrees, the employee may appeal that determination to the superior court. +(d) The periods specified in this section are not counted as part of the time limited for the commencement of the civil action to recover penalties under this part.","The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act provides the employer with the right to cure certain violations before the employee may bring a civil action, as specified. For other violations, the act requires the employee to follow specified procedures before bringing an action. +This bill would provide the employer with the right to cure any violation of the Labor Code covered by the act before the employee may bring a civil action. That right to cure would be provided before, and in addition to, any other specified procedures the employee is required to follow prior to bringing an action.","An act to amend Section 2699.3 of the Labor Code, relating to employment." +1122,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2699 of the Labor Code is amended to read: +2699. +(a) Notwithstanding any other +provision of +law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and other current or former employees pursuant to the procedures specified in Section 2699.3. +(b) For purposes of this part, “person” has the same meaning as defined in Section 18. +(c) For purposes of this part, “aggrieved employee” means any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. +(d) For purposes of this part, “cure” means that the employer abates each violation alleged by any aggrieved employee, the employer is in compliance with the underlying statutes as specified in the notice required by this part, and any aggrieved employee is made whole. A violation of paragraph (6) or (8) of subdivision (a) of Section 226 shall only be considered cured upon a showing that the employer has provided a fully compliant, itemized wage statement to each aggrieved employee for each pay period for the three-year period prior to the date of the written notice sent pursuant to paragraph (1) of subdivision (c) of Section 2699.3. +(e) (1) For purposes of this part, whenever the Labor and Workforce Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, has discretion to assess a civil penalty, a court is authorized to exercise the same discretion, subject to the same limitations and conditions, to assess a civil penalty. +(2) In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), a court may award a lesser amount than the maximum civil penalty amount specified by this part if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory. In no event shall the total amount of that penalty equal more than one thousand dollars ($1,000) for each aggrieved employee. +(f) For all provisions of this code except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation of these provisions, as follows: +(1) If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is five hundred dollars ($500). +(2) If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per pay period for the initial violation and two hundred dollars ($200) for each aggrieved employee per pay period for each subsequent violation. +(3) If the alleged violation is a failure to act by the Labor and Workplace Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, there shall be no civil penalty. +(g) (1) Except as provided in paragraph (2), an aggrieved employee may recover the civil penalty described in subdivision (f) in a civil action pursuant to the procedures specified in Section 2699.3 filed on behalf of himself or herself and other current or former employees against whom one or more of the alleged violations was committed. Any employee who prevails in any action shall be entitled to an award of reasonable attorney’s fees and costs. Nothing in this part shall operate to limit an employee’s right to pursue or recover other remedies available under state or federal law, either separately or concurrently with an action taken under this part. +(2) No action shall be brought under this part for any violation of a posting, notice, agency reporting, or filing requirement of this code, except where the filing or reporting requirement involves mandatory payroll or workplace injury reporting. +(h) No action may be brought under this section by an aggrieved employee if the agency or any of its departments, divisions, commissions, boards, agencies, or employees, on the same facts and theories, cites a person within the timeframes set forth in Section 2699.3 for a violation of the same section or sections of the Labor Code under which the aggrieved employee is attempting to recover a civil penalty on behalf of himself or herself or others or initiates a proceeding pursuant to Section 98.3. +(i) Except as provided in subdivision (j), civil penalties recovered by aggrieved employees shall be distributed as follows: 75 percent to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes; and 25 percent to the aggrieved employees. +(j) Civil penalties recovered under paragraph (1) of subdivision (f) shall be distributed to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes. +(k) Nothing contained in this part is intended to alter or otherwise affect the exclusive remedy provided by the workers’ compensation provisions of this code for liability against an employer for the compensation for any injury to or death of an employee arising out of and in the course of employment. +(l) The superior court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part. +(m) This section shall not apply to the recovery of administrative and civil penalties in connection with the workers’ compensation law as contained in Division 1 (commencing with Section 50) and Division 4 (commencing with Section 3200), including, but not limited to, Sections 129.5 and 132a. +(n) The agency or any of its departments, divisions, commissions, boards, or agencies may promulgate regulations to implement the provisions of this part.","The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency, on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act provides the employer with the right to cure certain violations before the employee may bring a civil action, as specified. For other violations, the act requires the employee to follow specified procedures before bringing an action. +The act authorizes a court, in an action by an aggrieved employee seeking recovery of a civil penalty, as specified, to award a lesser amount than the maximum civil penalty if that penalty would be unjust, arbitrary and oppressive, or confiscatory. +This bill would establish a cap on that penalty of $1,000 for each aggrieved employee.","An act to amend Section 2699 of the Labor Code, relating to employment." +1123,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2699 of the Labor Code is amended to read: +2699. +(a) Notwithstanding any other +provision of +law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and other current or former employees pursuant to the procedures specified in Section 2699.3. +(b) For purposes of this part, “person” has the same meaning as defined in Section 18. +(c) For purposes of this part, “aggrieved employee” means any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. +(d) For purposes of this part, “cure” means that the employer abates each violation alleged by any aggrieved employee, the employer is in compliance with the underlying statutes as specified in the notice required by this part, and any aggrieved employee is made whole. A violation of paragraph (6) or (8) of subdivision (a) of Section 226 shall only be considered cured upon a showing that the employer has provided a fully compliant, itemized wage statement to each aggrieved employee for each pay period for the three-year period prior to the date of the written notice sent pursuant to paragraph (1) of subdivision (c) of Section 2699.3. +(e) (1) For purposes of this part, whenever the Labor and Workforce Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, has discretion to assess a civil penalty, a court is authorized to exercise the same discretion, subject to the same limitations and conditions, to assess a civil penalty. +(2) In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), a court may award a lesser amount than the maximum civil penalty amount specified by this part if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory. +(3) In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), if, after notice and hearing, the court finds that an employee suffered no appreciable physical or economic harm, the court may dismiss the action as to that employee. +(f) For all provisions of this code except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation of these provisions, as follows: +(1) If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is five hundred dollars ($500). +(2) If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per pay period for the initial violation and two hundred dollars ($200) for each aggrieved employee per pay period for each subsequent violation. +(3) If the alleged violation is a failure to act by the Labor and Workplace Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, there shall be no civil penalty. +(g) (1) Except as provided in paragraph (2), an aggrieved employee may recover the civil penalty described in subdivision (f) in a civil action pursuant to the procedures specified in Section 2699.3 filed on behalf of himself or herself and other current or former employees against whom one or more of the alleged violations was committed. Any employee who prevails in any action shall be entitled to an award of reasonable attorney’s fees and costs. Nothing in this part shall operate to limit an employee’s right to pursue or recover other remedies available under state or federal law, either separately or concurrently with an action taken under this part. +(2) No action shall be brought under this part for any violation of a posting, notice, agency reporting, or filing requirement of this code, except where the filing or reporting requirement involves mandatory payroll or workplace injury reporting. +(h) No action may be brought under this section by an aggrieved employee if the agency or any of its departments, divisions, commissions, boards, agencies, or employees, on the same facts and theories, cites a person within the timeframes set forth in Section 2699.3 for a violation of the same section or sections of the Labor Code under which the aggrieved employee is attempting to recover a civil penalty on behalf of himself or herself or others or initiates a proceeding pursuant to Section 98.3. +(i) Except as provided in subdivision (j), civil penalties recovered by aggrieved employees shall be distributed as follows: 75 percent to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes; and 25 percent to the aggrieved employees. +(j) Civil penalties recovered under paragraph (1) of subdivision (f) shall be distributed to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes. +(k) Nothing contained in this part is intended to alter or otherwise affect the exclusive remedy provided by the workers’ compensation provisions of this code for liability against an employer for the compensation for any injury to or death of an employee arising out of and in the course of employment. +(l) The superior court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part. +(m) This section shall not apply to the recovery of administrative and civil penalties in connection with the workers’ compensation law as contained in Division 1 (commencing with Section 50) and Division 4 (commencing with Section 3200), including, but not limited to, Sections 129.5 and 132a. +(n) The agency or any of its departments, divisions, commissions, boards, or agencies may promulgate regulations to implement this part.","The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties, that would otherwise be assessed and collected by the Labor and Workforce Development Agency, on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act authorizes a court to exercise the same discretion to assess a civil penalty as the agency, subject to the same limitations and conditions. The act also authorizes a court, in any action by an aggrieved employee seeking recovery of a civil penalty, to award a lesser amount than the maximum civil penalty amount specified by the act if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory. +This bill would authorize a court to dismiss an action as to an aggrieved employee seeking recovery of a civil penalty, if, after notice and hearing, the court finds that the aggrieved employee suffered no appreciable physical or economic harm.","An act to amend Section 2699 of the Labor Code, relating to employment." +1124,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2101 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read: +2101. +(a) A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election. +(b) For purposes of this section, the following definitions apply: +(1) “Imprisoned” means currently serving a state or federal prison sentence. +(2) “Parole” means a term of supervision by the Department of Corrections and Rehabilitation. +(3) “Conviction” does not include a juvenile adjudication made pursuant to Section 203 of the Welfare and Institutions Code. +SEC. 2. +Section 2101 of the Elections Code, as amended by Section 2 of Chapter 728 of the Statutes of 2015, is amended to read: +2101. +(a) A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election. +(b) A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age. +(c) For purposes of this section, the following definitions apply: +(1) “Imprisoned” means currently serving a state or federal prison sentence. +(2) “Parole” means a term of supervision by the Department of Corrections and Rehabilitation. +(3) “Conviction” does not include a juvenile adjudication made pursuant to Section 203 of the Welfare and Institutions Code. +SEC. 3. +Section 2106 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read: +2106. +A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in any printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election.” +SEC. 4. +Section 2106 of the Elections Code, as amended by Section 2 of Chapter 619 of the Statutes of 2014, is amended to read: +2106. +A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election. A person may preregister to vote if he or she is a United States citizen, a resident of California, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 16 years of age.” A county elections official may continue to use existing materials before printing new or revised materials required by any changes to this section. +SEC. 5. +Section 2106 of the Elections Code, as amended by Section 5 of Chapter 728 of the Statutes of 2015, is amended to read: +2106. +A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election. A person may preregister to vote if he or she is a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least 16 years of age.” A county elections official may continue to use existing materials before printing new or revised materials required by any changes to this section. +SEC. 6. +Section 2106 of the Elections Code, as amended by Section 6 of Chapter 728 of the Statutes of 2015, is amended to read: +2106. +A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in any printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election.” +SEC. 7. +Section 2212 of the Elections Code, as amended by Section 95 of Chapter 784 of the Statutes of 2002, is amended to read: +2212. +The clerk of the superior court of each county, on the basis of the records of the court, shall furnish to the county elections official, not less frequently than the first day of April and the first day of September of each year, a statement showing the names, addresses, and dates of birth of all persons who have been committed to state prison as the result of a felony conviction since the clerk’s last report. The elections official shall, during the first week of April and the first week of September in each year, cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court. +SEC. 8. +Section 2212 of the Elections Code, as amended by Section 65 of Chapter 728 of the Statutes of 2015, is amended to read: +2212. +The clerk of the superior court of each county, on the basis of the records of the court, shall furnish to the Secretary of State and the county elections official in the format prescribed by the Secretary of State, not less frequently than the first day of every month, a statement showing the names, addresses, and dates of birth of all persons who have been committed to state prison as the result of a felony conviction since the clerk’s last report. The Secretary of State or county elections official shall cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court. +SEC. 9. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","The California Constitution requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony. Existing law provides that a person is entitled to register to vote if he or she is a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election. +This bill, for purposes of determining who is entitled to register to vote, would define imprisoned as currently serving a state or federal prison sentence and would define parole as a term of supervision by the Department of Corrections and Rehabilitation. The bill would clarify that conviction does not include a juvenile adjudication. +Existing law requires any program adopted by a county pursuant to certain provisions that is designed to encourage the registration of electors, with respect to any printed literature or media announcements made in connection with the program, to contain a statement that a person entitled to register to vote must be a United States citizen, a California resident, not in prison or on parole for conviction of a felony, and at least 18 years of age at the time of the election. +This bill would instead require that the statement, as described above, state that a person entitled to register to vote must be a United States citizen, a California resident, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election. By requiring a county to change the statement included as part of its voter registration program, as described above, the bill would impose a state-mandated local program. +Existing law requires the clerk of the superior court of each county, on the basis of the records of the court, to furnish to the chief elections official of the county, at least on April 1 and September 1 of each year, a statement showing the names, addresses, and dates of birth of all persons who have been convicted of felonies since the clerk’s last report. Existing law requires the elections official to cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. +This bill would instead require that the statement furnished by the clerk of the superior court of each county to the county elections official show the names, addresses, and dates of birth of all persons who have been committed to state prison as the result of the conviction of a felony since the clerk’s last report. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 2101, 2106, and 2212 of the Elections Code, relating to voting." +1125,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known and may be cited as the Hospital Executive Compensation Transparency Act of 2016. +SEC. 2. +The Legislature finds and declares all of the following: +(a) The public has a direct and immediate interest in ensuring its money is spent efficiently and wisely. Through direct cash payments and exemptions from paying taxes, nonprofit hospitals receive billions in taxpayer funds. +(b) The compensation packages of chief executive officers, executives, managers, and administrators of hospitals, hospital groups, and affiliated medical entities that operate under nonprofit corporate status are often excessive, unnecessary, and inconsistent with the corporations’ charitable purposes, as revealed by compensation surveys and other sources. +(c) Payment of excessive compensation to executives, managers, and administrators undermines the purposes of nonprofit corporations because it results in fewer funds being available for their charitable purposes, and it is often the case that the hospitals, hospital groups, and affiliated medical entities that pay the most excessive compensation also provide less charitable care than comparable institutions that pay reasonable compensation to their executives, managers, and administrators. +(d) Existing requirements of law do not adequately ensure that assets held for charitable purposes are not instead used to enrich executives, managers, and administrators of nonprofit hospitals, hospital groups, and affiliated medical entities through payment of excessive compensation. +(e) The compensation packages for chief executive officers, executives, managers, and administrators of for-profit hospitals in California are often excessive, unnecessary, and inconsistent with the provision of high-quality, affordable medical care, by diverting funds that could be used to expand access to affordable medical care for all Californians. +(f) Chief executive officers, executives, managers, and administrators at hospitals, hospital groups, and affiliated medical entities who are also compensated for their positions on boards of directors of publicly traded companies, privately held companies, and nonprofit organizations risk spending time away from their primary responsibilities to the detriment of high-quality, affordable medical care. +(g) In order to properly assess the scope of excessive compensation packages in the nonprofit hospital sector and to inform policy decisions related to escalating health care costs, it is necessary to understand excessive compensation among private hospitals. +(h) In order to ensure equal opportunity and compensation among health care workers in California, it is necessary to understand compensation by job classification and by race, ethnicity, gender, sexual orientation, and gender identity. +(i) It is the intent of the Legislature in enacting this act to ensure that compensation packages for chief executive officers, executives, managers, and administrators of for-profit and nonprofit hospitals are consistent with the goal of providing affordable, high-quality medical care to all Californians. +(j) The intent of the Legislature in enacting this act is also to ensure that compensation packages for chief executive officers, executives, managers, and administrators of nonprofit hospitals, hospital groups, and affiliated medical entities are consistent with the charitable purposes of those nonprofits and are reasonable and not excessive in light of the substantial public benefit that the state tax exemption for nonprofit organizations conveys. +(k) It is also the intent of the Legislature in enacting this act to ensure that compensation packages for employees of for-profit and nonprofit hospitals are not discriminatory based on race, ethnicity, gender, sexual orientation, or gender identity. +SEC. 3. +Chapter 2.17 (commencing with Section 1339.85) is added to Division 2 of the Health and Safety Code, to read: +CHAPTER 2.17. Hospital Executive Compensation Transparency Act of 2016 +1339.85. +For purposes of this chapter, the following definitions shall have the following meanings: +(a) “Annual hospital executive compensation report” refers to the report described in Section 1339.87. +(b) “Board compensation” shall mean the total annual compensation provided to each hospital executive by any publicly traded company, privately held company, or nonprofit organization on whose board of directors a hospital executive sits and from which the hospital executive received total annual compensation of more than one thousand dollars ($1,000). +(c) (1) “Covered hospital or medical entity” shall mean any of the following: +(A) A private nonprofit general acute care hospital, as defined in subdivision (a) of Section 1250. +(B) An acute psychiatric hospital, as defined in subdivision (b) of Section 1250. +(C) Any private for-profit general acute care hospital that is licensed under subdivision (a) or (b) of Section 1250 and operated within the state for profit under Division 1 (commencing with Section 100) of Title 1 of the Corporations Code, including by a foreign corporation. +(D) A hospital group, which shall mean any group of two or more hospitals described in subparagraphs (A) to (C), inclusive, or any person, corporation, partnership, limited liability company, trust, or other entity that owns, operates, or controls, in whole or in part, any such group. +(E) A hospital-affiliated medication foundation, which shall mean a medical foundation, as described in subdivision (l) of Section 1206, that satisfies either or both of the following conditions: +(i) The medical foundation is a disregarded entity of, or would be required to be designated as a related organization on Internal Revenue Service Form 990 (or its accompanying schedules or the successor of such forms or schedules) of, a hospital, hospital group, hospital-affiliated physicians group, or a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated physicians group. +(ii) A majority of the medical foundation’s assets are owned by a hospital, hospital group, or hospital-affiliated physicians group or by a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated physicians group, or the medical foundation owns a majority of the assets of a hospital, hospital group, or hospital-affiliated physicians group or of a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated physicians group. +(F) A hospital-affiliated physicians group, which shall mean any physicians group or medical group that satisfies either or both of the following conditions: +(i) The physicians group is a disregarded entity of, or would be required to be designated as a related organization on Internal Revenue Service Form 990 (or its accompanying schedules or the successor of such forms or schedules) of, a hospital, hospital group, or hospital-affiliated medical foundation or a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated medical foundation. +(ii) A majority of the physicians group’s assets are owned by a hospital, hospital group, or hospital-affiliated medical foundation or a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated medical foundation. +(G) A health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23. +(2) “Covered hospital or medical entity” shall not include any of the following: +(A) Hospitals operated or licensed by the United States Department of Veterans Affairs or public hospitals as defined in paragraph (25) of subdivision (a) of Section 14105. 98 of the Welfare and Institutions Code, with the exception of hospitals owned or operated by a health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23. +(B) Designated public hospitals, as described in subdivision (d) of Section 14166.1 of the Welfare and Institutions Code. +(d) “Executive compensation reporting threshold” shall mean the total annual compensation from any source for work performed or services provided at or for the covered hospital or medical entity that is greater than +two hundred fifty thousand dollars ($250,000) +three hundred thousand dollars ($300,000) +in a year. +(e) (1) “Hospital executive” shall mean all persons whose primary duties are executive, managerial, or administrative at or for the covered hospital or medical entity, even if that person also performs or performed other duties. +(2) “Hospital executive” shall include, but is not limited to, chief executive officers, chief executive managers, chief executives, executive officers, executive directors, chief financial officers, presidents, executive presidents, vice presidents, executive vice presidents, and other comparable positions. +(3) The definition of “hospital executive” shall apply irrespective of whether the person exercising executive, managerial, or administrative authority is or was an employee of a covered hospital or medical entity or a nonprofit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity. The definition shall also apply to any person who exercises or exercised such authority even if the arrangements for such authority or for compensation or both are pursuant to a contract or subcontract. +(4) “Hospital executive” shall include any person who held the duties described under this paragraph during the period covered by the annual report, even if the person is postemployment or postservice. +(5) “Hospital executive” shall not apply to medical or health care professionals whose primary duties are or were the provision of medical services, research, direct patient care, or other nonmanagerial, nonexecutive, and nonadministrative services. +(f) “Office” means the Office of Statewide Health Planning and Development. +(g) (1) “Total annual compensation” shall mean all remuneration paid, earned, or accrued in the course of a fiscal year for work performed or services provided, including the cash value of all remuneration (including benefits) in any medium other than cash, except as otherwise specified in paragraph (2), and including, but not limited to, all of the following: +(A) Wages; salary; paid time off; bonuses; incentive payments; lump-sum cash payments; the fair market value of below-market-rate loans or loan forgiveness; housing payments; payments for transportation, travel, meals, or other expenses in excess of actual documented expenses incurred in the performance of duties; payments or reimbursement for entertainment or social club memberships; the cash value of housing, automobiles, parking, or similar benefits; scholarships or fellowships; the cash value of dependent care or adoption assistance or personal legal or financial services; the cash value of stock options or awards; payments or contributions for insurance, except as exempted in paragraph (2), to a Section 125 cafeteria plan or equivalent arrangement, to a health savings account, or for severance or its equivalent; and deferred compensation earned or accrued, even if not yet vested nor paid. +(B) The total value in the aggregate of the compensation or payments authorized or paid under a severance or similar postservice or postemployment arrangement, to include the fair market value of all cash remuneration as well as the fair market value of all remuneration (including benefits) paid in any medium other than cash, as defined in paragraph (1), subject to the exclusion set forth in paragraph (2). +(C) Payments, compensation, or remuneration for work performed or services provided at or for a covered hospital or medical entity even if made by a separate person or entity, including, but not limited to, any of the following: +(i) A for-profit or unincorporated entity. +(ii) A corporation, partnership, or limited liability company. +(iii) A trust or other entity that is controlled by the same person or persons who govern a covered hospital or medical entity. +(iv) A supporting or supported organization within the meaning of Sections 509(a)(3) and 509(f)(3) of the Internal Revenue Code. +(v) A disregarded entity of, or related organization as set forth within, the Internal Revenue Service Form 990 of a covered hospital or medical entity or a nonprofit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity. +(D) Payment of compensation or remuneration by any person, corporation, partnership, limited liability company, trust, or other entity that a covered hospital or medical entity, or a nonprofit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity, participates in, belongs to, is a member of, or pays into shall be presumed compensation for work performed or services provided at or for the covered hospital or medical entity. +(2) “Total annual compensation” shall not include the cost of health insurance or disability insurance or payments or contributions to a health reimbursement account. +1339.87. +(a) On and after October 1, 2017, each covered hospital or medical entity shall submit an annual hospital executive compensation report to the office for every hospital executive whose total annual compensation met or exceeded the executive compensation reporting threshold. The report shall include all of the following information for the prior fiscal year: +(1) The names, positions, or titles of each hospital executive and the aggregate total annual compensation for each hospital executive at or exceeding the executive compensation reporting threshold, including all of the information described under subdivision (g) of Section 1339.85, with a description of each entity that has contributed to the total annual compensation of each hospital executive, in any form, and the amount of such compensation. +(2) A detailed breakdown of all wage and nonwage compensation. +(3) Identification of any benefit or remuneration excluded from the definition of total annual compensation pursuant to paragraph (2) of subdivision (g) of Section 1339.85. +(4) A detailed breakdown of board compensation, which shall include all of the following: +(A) The name of the publicly traded company, privately held company, or nonprofit organization that provided the board compensation. +(B) The number of hours the hospital executive spent on matters related to their duties as a director of the publicly traded company, privately held company, or nonprofit organization for which the board compensation was received. +(b) Consistent with the annual equal employment opportunity and compensation report on employees’ ethnicity, race, and sex by job category and compensation required by Part 1602 of Chapter XIV of Subtitle B of Title 29 of the Code of Federal Regulations, on or after October 1, 2017, and annually thereafter, each covered hospital or medical entity with 100 or more employees shall submit to the office all of the following information for the prior fiscal year: +(1) The number of employees earning annual total compensation in 12 pay bands, as proposed by the federal Equal Employment Opportunity Commission in the Federal Register, Volume 81, Number 20, on February 1, 2016, on pages 5113 to 5121, inclusive, for each of the eight employee classifications defined in the office’s hospital annual financial data and by self-reported gender, ethnicity, and race, and voluntarily self-reported sexual orientation and gender identity. +(2) The total number of hours worked by the employees included in each pay band described in paragraph (1). +(c) On and after January 1, 2018, the office shall post the annual hospital executive compensation report for each covered hospital or medical entity on the office’s Internet Web site. +(d) The annual report shall be submitted on the form or in the format required by the office. +(e) (1) The board of directors of any nonprofit or for-profit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity shall approve the annual report before it is submitted to the office. +(2) Each director shall act in good faith and with reasonable care and inquiry in approving the annual report and in ensuring that the corporation complies with the requirements of this section. +(3) For each covered hospital or medical entity governed, owned, or controlled by a board of directors, the annual report shall state that it was approved by the board of directors and set forth the date of such approval, and shall be attested to under penalty of perjury by an authorized representative of the covered hospital or medical entity board of directors. +(f) (1) Any scheme or artifice that has the purpose of avoiding the reporting requirements established by this section shall constitute a violation of this section. +(2) Payments, compensation, or remuneration by a separate entity that is purported not to be for work performed or services provided at or for a covered hospital or medical entity, but that is disproportionate to its purported purpose so as to evade the annual hospital executive compensation reporting requirements specified in this section, shall constitute a violation of this section. +(g) The office shall establish and assess reasonable fees, to be submitted with each annual report, to cover only the reasonable costs of implementing and ensuring compliance with this section and each activity authorized or required by this section. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides for the licensure and regulation of health facilities, including general acute care hospitals, by the State Department of Public Health. +This bill would require covered hospitals and medical entities, as defined, to annually submit to the Office of Statewide Health Planning and Development an executive compensation report for every executive whose annual compensation exceeds a specified threshold. The bill would also require each covered hospital or medical entity with 100 or more employees to annually report compensation information by employee classification and by gender, ethnicity, race, sexual orientation, and gender identity, as self-reported by its employees. The bill would require specified information to be included in these reports, and would require that certain reports be attested to under penalty of perjury. Because a violation thereof would be a crime, the bill would impose a state-mandated local program. The bill would authorize the office to impose a reasonable fee to cover the costs of implementation and administration of these provisions. The bill would require the office to post these reports on its Internet Web site. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Chapter 2.17 (commencing with Section 1339.85) to Division 2 of the Health and Safety Code, relating to health facilities." +1126,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7522.20 of the Government Code is amended to read: +7522.20. +(a) Except as provided in subdivision (c) or (d), each retirement system that offers a defined benefit plan for nonsafety members of the system shall use the formula prescribed by this section. The defined benefit plan shall provide a pension at retirement for service equal to the percentage of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding quarter year, in the following table, multiplied by the number of years of service in the system as a nonsafety member. A member may retire for service under this section after five years of service and upon reaching 52 years of age. +Age of Retirement +Fraction +52 ........................ +1.000 +52 +1/4 +........................ +1.025 +52 +1/2 +........................ +1.050 +52 +3/4 +........................ +1.075 +53 ........................ +1.100 +53 +1/4 +........................ +1.125 +53 +1/2 +........................ +1.150 +53 +3/4 +........................ +1.175 +54 ........................ +1.200 +54 +1/4 +........................ +1.225 +54 +1/2 +........................ +1.250 +54 +3/4 +........................ +1.275 +55 ........................ +1.300 +55 +1/4 +........................ +1.325 +55 +1/2 +........................ +1.350 +55 +3/4 +........................ +1.375 +56 ........................ +1.400 +56 +1/4 +........................ +1.425 +56 +1/2 +........................ +1.450 +56 +3/4 +........................ +1.475 +57 ........................ +1.500 +57 +1/4 +........................ +1.525 +57 +1/2 +........................ +1.550 +57 +3/4 +........................ +1.575 +58 ........................ +1.600 +58 +1/4 +........................ +1.625 +58 +1/2 +........................ +1.650 +58 +3/4 +........................ +1.675 +59 ........................ +1.700 +59 +1/4 +........................ +1.725 +59 +1/2 +........................ +1.750 +59 +3/4 +........................ +1.775 +60 ........................ +1.800 +60 +1/4 +........................ +1.825 +60 +1/2 +........................ +1.850 +60 +3/4 +........................ +1.875 +61 ........................ +1.900 +61 +1/4 +........................ +1.925 +61 +1/2 +........................ +1.950 +61 +3/4 +........................ +1.975 +62 ........................ +2.000 +62 +1/4 +........................ +2.025 +62 +1/2 +........................ +2.050 +62 +3/4 +........................ +2.075 +63 ........................ +2.100 +63 +1/4 +........................ +2.125 +63 +1/2 +........................ +2.150 +63 +3/4 +........................ +2.175 +64 ........................ +2.200 +64 +1/4 +........................ +2.225 +64 +1/2 +........................ +2.250 +64 +3/4 +........................ +2.275 +65 ........................ +2.300 +65 +1/4 +........................ +2.325 +65 +1/2 +........................ +2.350 +65 +3/4 +........................ +2.375 +66 ........................ +2.400 +66 +1/4 +........................ +2.425 +66 +1/2 +........................ +2.450 +66 +3/4 +........................ +2.475 +67 ........................ +2.500 +(b) Pensionable compensation used to calculate the defined benefit shall be limited as described in Section 7522.10. +(c) A new member of the State Teachers’ Retirement System shall be subject to the formula established pursuant to Section 24202.6 of the Education Code. +(d) With respect to new members, a public agency participating in the Public Employees’ Retirement System pursuant to contract may provide the formula established in Section 21354.6 in lieu of this section and subject to the requirements of Section 21354.6. +SEC. 2. +Section 21354.6 is added to the Government Code, to read: +21354.6. +(a) +Notwithstanding any other law, a contracting agency may make the formula provided in this section applicable to miscellaneous, nonsafety employees hired after January 1, 2017, +and who are otherwise new members as defined in Section 7522.04, +provided that the agency and representative employee organization have agreed to its application in a valid memorandum of understanding, the contracting agency adopts +a resolution or +an ordinance to this effect, and the agency’s contract is amended in the manner prescribed for approval of contracts or, in the case of a new contract, by express provision in the contract. The pension at retirement for service provided by this section shall be equal to the percentage of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding quarter year, in the following table, multiplied by the number of years of service in the system as a nonsafety member. A member may retire for service under this section after five years of +state +service and upon reaching 55 years of +age. +age, except as provided in Section 21060. +Age of Retirement +Fraction +55 ........................ +1.000 +55 +1/4 +........................ +1.025 +55 +1/2 +........................ +1.050 +55 +3/4 +........................ +1.075 +56 ........................ +1.100 +56 +1/4 +........................ +1.125 +56 +1/2 +........................ +1.150 +56 +3/4 +........................ +1.175 +57 ........................ +1.200 +57 +1/4 +........................ +1.225 +57 +1/2 +........................ +1.250 +57 +3/4 +........................ +1.275 +58 ........................ +1.300 +58 +1/4 +........................ +1.325 +58 +1/2 +........................ +1.350 +58 +3/4 +........................ +1.375 +59 ........................ +1.400 +59 +1/4 +........................ +1.425 +59 +1/2 +........................ +1.450 +59 +3/4 +........................ +1.475 +60 ........................ +1.500 +60 +1/4 +........................ +1.525 +60 +1/2 +........................ +1.550 +60 +3/4 +........................ +1.575 +61 ........................ +1.600 +61 +1/4 +........................ +1.625 +61 +1/2 +........................ +1.650 +61 +3/4 +........................ +1.675 +62 ........................ +1.700 +62 +1/4 +........................ +1.725 +62 +1/2 +........................ +1.750 +62 +3/4 +........................ +1.775 +63 ........................ +1.800 +63 +1/4 +........................ +1.825 +63 +1/2 +........................ +1.850 +63 +3/4 +........................ +1.875 +64 ........................ +1.900 +64 +1/4 +........................ +1.925 +64 +1/2 +........................ +1.950 +64 +3/4 +........................ +1.975 +65 ........................ +2.000 +65 +1/4 +........................ +2.025 +65 +1/2 +........................ +2.050 +65 +3/4 +........................ +2.075 +66 ........................ +2.100 +66 +1/4 +........................ +2.125 +66 +1/2 +........................ +2.150 +66 +3/4 +........................ +2.175 +67 ........................ +2.200 +67 +1/4 +........................ +2.225 +67 +1/2 +........................ +2.250 +67 +3/4 +........................ +2.275 +68 ........................ +2.300 +68 +1/4 +........................ +2.325 +68 +1/2 +........................ +2.350 +68 +3/4 +........................ +2.375 +69 ........................ +2.400 +69 +1/4 +........................ +2.425 +69 +1/2 +........................ +2.450 +69 +3/4 +........................ +2.475 +70 ........................ +2.500 +(b) Unless otherwise permitted by law, a miscellaneous, nonsafety employee, who is not a new member as defined in Section 7522.04, shall be subject to the benefit formula in Section 7522.20 if employed by a public employer that did not contract with this system to provide retirement benefits on or before December 31, 2012. +(c) Pensionable compensation used to calculate the defined benefit pursuant to this section shall be limited as described in Section 7522.10.","The Public Employees’ Retirement Law authorizes a public agency to participate in, and make all or part of its employees members of, the Public Employees’ Retirement System (PERS) by a contract entered into between its governing body and the board of administration of the system. The California Public Employees’ Pension Reform Act of 2013 (PEPRA) requires a public retirement system, as defined, to modify its plan or plans to comply with the act and, among other provisions, establishes new retirement formulas for employees first hired on or after January 1, 2013, as specified. +This bill would authorize a public agency that has contracted with the board of administration of PERS to offer an alternative formula from that required by PEPRA, to be applicable to miscellaneous, nonsafety employees hired after January 1, 2017, +and who are new members, as defined, +if specified contingencies are satisfied, including that the agency and representative employee organization have agreed to its application in a valid memorandum of understanding. +The bill would require that miscellaneous, nonsafety employees who are not new members, as defined, if they are employed by a public employer that did not contract with PERS prior to December 31, 2012, be covered by the default benefit formula under PEPRA. The bill would specify what is pensionable compensation for these purposes.","An act to amend Section 7522.20 of, and to add Section 21354.6 to, the Government Code, relating to public employees’ retirement." +1127,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known and may be cited as the Charles Emmanuel Briggs Memorial Act of 2016. +SEC. 2. +Section 12022.53 of the Penal Code is amended to read: +12022.53. +(a) This section applies to the following felonies: +(1) Section 187 (murder). +(2) Section 203 or 205 (mayhem). +(3) Section 207, 209, or 209.5 (kidnapping). +(4) Section 211 (robbery). +(5) Section 215 (carjacking). +(6) Section 220 (assault with intent to commit a specified felony). +(7) Subdivision (d) of Section 245 (assault with a firearm on a peace officer or firefighter). +(8) Section 261 or 262 (rape). +(9) Section 264.1 (rape or sexual penetration in concert). +(10) Section 286 (sodomy). +(11) Section 288 or 288.5 (lewd act on a child). +(12) Section 288a (oral copulation). +(13) Section 289 (sexual penetration). +(14) Section 4500 (assault by a life prisoner). +(15) Section 4501 (assault by a prisoner). +(16) Section 4503 (holding a hostage by a prisoner). +(17) Any felony punishable by death or imprisonment in the state prison for life. +(18) Any attempt to commit a crime listed in this subdivision other than an assault. +(b) Notwithstanding any other +provision of +law, +any +a +person who, in the commission of a felony specified in subdivision (a), personally uses a +firearm, +firearm or crossbow +shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years. The firearm +or crossbow +need not be operable or loaded for this enhancement to apply. +(c) Notwithstanding any other +provision of +law, any person who, in the commission of a felony specified in subdivision (a), personally and intentionally discharges a +firearm, +firearm or crossbow +shall be punished by an additional and consecutive term of imprisonment in the state prison for 20 years. +(d) Notwithstanding any other +provision of +law, any person who, in the commission of a felony specified in subdivision (a), Section 246, or subdivision (c) or (d) of Section 26100, personally and intentionally discharges a firearm +or crossbow +and proximately causes great bodily injury, as defined in Section 12022.7, or death, to any person other than an accomplice, shall be punished by an additional and consecutive term of imprisonment in the state prison for 25 years to life. +(e) (1) The enhancements provided in this section shall apply to any person who is a principal in the commission of an offense if both of the following are pled and proved: +(A) The person violated subdivision (b) of Section 186.22. +(B) Any principal in the offense committed any act specified in subdivision (b), (c), or (d). +(2) An enhancement for participation in a criminal street gang pursuant to Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1 shall not be imposed on a person in addition to an enhancement imposed pursuant to this subdivision, unless the person personally used or personally discharged a firearm +or crossbow +in the commission of the offense. +(f) Only one additional term of imprisonment under this section shall be imposed per person for each crime. If more than one enhancement per person is found true under this section, the court shall impose upon that person the enhancement that provides the longest term of imprisonment. An enhancement involving a firearm specified in Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or 12022.55 shall not be imposed on a person in addition to an enhancement imposed pursuant to this section. An enhancement for great bodily injury as defined in Section 12022.7, 12022.8, or 12022.9 shall not be imposed on a person in addition to an enhancement imposed pursuant to subdivision (d). +(g) Notwithstanding any other +provision of +law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person found to come within the provisions of this section. +(h) Notwithstanding Section 1385 or any other +provision of +law, the court shall not strike an allegation under this section or a finding bringing a person within the provisions of this section. +(i) The total amount of credits awarded pursuant to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 or pursuant to Section 4019 or any other provision of law shall not exceed 15 percent of the total term of imprisonment imposed on a defendant upon whom a sentence is imposed pursuant to this section. +(j) For the penalties in this section to apply, the existence of any fact required under subdivision (b), (c), or (d) shall be alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. +When +If +an enhancement specified in this section has been admitted or found to be true, the court shall impose punishment for that enhancement pursuant to this section rather than imposing punishment authorized under any other +provision of +law, unless another enhancement provides for a greater penalty or a longer term of imprisonment. +(k) +When +If +a person is found to have used or discharged a firearm +or crossbow +in the commission of an offense that includes an allegation pursuant to this section and the firearm +or crossbow +is owned by that person, a coparticipant, or a coconspirator, the court shall order that the firearm +or crossbow +be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. +(l) The enhancements specified in this section +shall +do +not apply to the lawful use or discharge of a firearm +or crossbow +by a public officer, as provided in Section 196, or by any person in lawful self-defense, lawful defense of another, or lawful defense of property, as provided in Sections 197, 198, and 198.5. +(m) For the purposes of this section, “crossbow” means any device that is designed to fire a bolt or arrow projectile by releasing a string or wire held at tension, including, but not limited to, crossbows, compound bows, and long bows. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides for specified enhancements for the use or discharge of a firearm, or discharge of a firearm that causes serious bodily injury or death, in connection with certain offenses, as specified. +This bill would also make those enhancements applicable if the weapon used or discharged is a crossbow. By expanding the scope of an enhancement, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 12022.53 of the Penal Code, relating to sentencing." +1128,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1970 of the Business and Professions Code is amended to read: +1970. +There is hereby established in the Dental Board of California the Dental Corps Loan Repayment Program of 2002, which shall become operative on January 1, 2003. This program shall be known and may be cited as the California Dental Corps Loan Repayment Program. +SEC. 2. +Section 1970.5 of the Business and Professions Code is amended to read: +1970.5. +It is the intent of this article that the Dental Board of California implement the California Dental Corps Loan Repayment Program. +SEC. 3. +Section 1971 of the Business and Professions Code is repealed. +SEC. 4. +Section 1971 is added to the Business and Professions Code, to read: +1971. +As used in this article: +(a) “Account” means the Dentally Underserved Account established in Section 1973, which is contained within the fund. +(b) “Board” means the Dental Board of California. +(c) “Dentally underserved area” means a geographic area eligible to be designated as having a shortage of dental professionals pursuant to Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations or an area of the state in which unmet priority needs for dentists exist as determined by the California Healthcare Workforce Policy Commission pursuant to Section 128224 of the Health and Safety Code. +(d) “Dentally underserved population” means persons without dental insurance and persons eligible for Denti-Cal who are population groups described as having a shortage of dental care professionals in Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations. +(e) “Fund” means the State Dentistry Fund. +(f) “Medi-Cal threshold languages” means primary languages spoken by limited-English-proficient (LEP) population groups meeting a numeric threshold of 3,000 eligible LEP Medi-Cal beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal beneficiaries residing in two contiguous ZIP Codes. +(g) “Program” means the California Dental Corps Loan Repayment Program. +(h) “Practice setting” means either of the following: +(1) A community clinic, as defined in subdivision (a) of Section 1204 and subdivision (c) of Section 1206 of the Health and Safety Code, a clinic owned or operated by a public hospital and health system, or a clinic owned and operated by a hospital that maintains the primary contract with a county government to fulfill the county’s role pursuant to Section 17000 of the Welfare and Institutions Code that is located in a dentally underserved area or at least 50 percent of whose patients are from a dentally underserved population. +(2) A dental practice or dental corporation, as defined in Section 1800, located in a dentally underserved area or at least 50 percent of whose patients are from a dentally underserved population. +SEC. 5. +Section 1972 of the Business and Professions Code is repealed. +SEC. 6. +Section 1972 is added to the Business and Professions Code, to read: +1972. +(a) (1) A program applicant shall possess a current valid license to practice dentistry in this state issued by the board pursuant to Section 1626, or be currently eligible for graduation from a predoctoral or postdoctoral dental education program approved by the Commission on Dental Accreditation or the board and meet all criteria for licensure, subject to successful completion of applicable education and examination requirements. +(2) An applicant shall submit a completed application provided by the board that shall include, but is not limited to, documentation detailing current loan obligations from any government or commercial lender obtained for purposes of financing tuition or fees at a dental school approved by the Commission on Dental Accreditation or the board. Documentation shall contain the applicant’s account number and the lender’s contact information, as well as current balance owing and monthly installment plan details, if applicable. +(3) An application shall include disclosure of any and all obligations for which the applicant has defaulted or been subject to a judgment lien within the last 10 years, and explanations for each default or judgment lien disclosed. +(4) An applicant, if selected to receive a repayment grant, shall sign an agreement with the board to maintain qualified employment for 36 months continuously, and that the qualified employment meets or once commenced will meet the minimum requirements of the program regarding practice setting, and clinical hours worked. +(5) An applicant shall also agree to provide an annual progress report, signed by both the applicant and employer or employer’s designee. A progress report shall verify the practice setting’s qualified status, clinical hours worked by the applicant, number of patients treated, specific treatment rendered and its value, and patient’s payer source. +(b) The board, in selecting a participant for the program, shall give priority consideration to an applicant who is best suited to meet the cultural and linguistic needs and demands of dentally underserved populations by demonstrating experience in one or more of the following areas: +(1) Speaks one or more Medi-Cal threshold languages. +(2) Comes from an economically disadvantaged background with economic, social, or other circumstances. +(3) Has worked in a health field in an underserved area or with an underserved population. +(4) Is a dentist specialist recognized by the American Dental Association or has met all eligibility requirements to graduate from a dental specialty residency program approved by the Commission on Dental Accreditation. +(5) Has completed an extramural program or rotation during dental school or postgraduate education in which the applicant provided services to a population that speaks any Medi-Cal threshold language. +(c) The practice setting shall meet one or both of the following criteria: +(1) The practice setting shall be located in a dentally underserved area. +(2) The practice setting shall ensure that the program participant serves a patient population that consists of at least 50 percent dentally underserved populations. +(d) A program applicant shall be working in, or have a signed agreement for future employment with, an eligible practice setting. The program participant shall be employed on a full-time basis. “Full-time basis” means 30 hours of clinical hands-on care per week, for no less than 45 weeks per year, except as provided for during customary holidays, personal or family illness, and vacation time as described in a separate employment agreement between the recipient and the practice setting. Upon 30-day notice to the board, the board shall grant an extended leave of absence period for serious illness, pregnancy, or other natural cause. The board may establish other exemptions to the minimum time requirements of this subdivision on a case-by-case basis. +(e) A program participant shall commit to a minimum of three years of service in one or more eligible practice settings. Loan repayment or grant disbursement shall be deferred until the dentist is employed on a full-time basis. +(f) The board may coordinate with local and statewide trade and professional dental organizations, as well as educational institutions, for outreach to potentially eligible applicants. +(g) The board shall develop a process for a program participant’s repayment of loans or grants disbursed in the event that the participant is terminated prior to completion of, or is otherwise unable to complete, his or her three years of service obligation. Cause for termination includes, but is not limited to, the following: +(1) Recipient’s termination of full-time, qualified employment. +(2) Recipient’s failure to maintain his or her professional license in good standing. +(3) Recipient’s failure to comply with any other term or condition of this article. +(h) The board may adopt any other standards of eligibility, placement, and termination appropriate to achieve the aim of providing competent dental services in these approved practice settings. +SEC. 7. +Section 1973 of the Business and Professions Code is amended to read: +1973. +(a) The Dentally Underserved Account is hereby created in the State Dentistry Fund. +(b) The sum of three million dollars ($3,000,000) is hereby authorized to be expended from the State Dentistry Fund on this program. These moneys are appropriated as follows: +(1) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2003. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2003–04 fiscal year for operating expenses necessary to manage this program. +(2) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2004. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2004–05 fiscal year for operating expenses necessary to manage this program. +(3) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2005. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2005–06 fiscal year for operating expenses necessary to manage this program. +(c) Funds placed into the account shall be used by the board to repay the loans per agreements made with dentists. +(1) Funds paid out for loan repayment may have a funding match from foundation or other private sources. +(2) Loan repayments shall not exceed one hundred five thousand dollars ($105,000) per individual licensed dentist. +(3) Loan repayments shall not exceed the amount of the educational loans incurred by the dentist applicant. +(d) Notwithstanding Section 11005 of the Government Code, the board may seek and receive matching funds from foundations and private sources to be placed into the account. The board also may contract with an exempt foundation for the receipt of matching funds to be transferred to the account for use by this program. +(e) Funds in the account appropriated in subdivision (b) or received pursuant to subdivision (d) are continuously appropriated for the repayment of loans per agreements made between the board and the dentists. +(f) On or after July 1, 2010, the board shall extend the program and distribute the moneys remaining in the account until all the moneys in the account are expended. +SEC. 8. +Section 1975 of the Business and Professions Code is repealed. +SEC. 9. +Section 1975 is added to the Business and Professions Code, to read: +1975. +The terms of loan repayment granted under this article shall be as follows: +(a) After a program participant has been selected by the board to provide services as a dentist in the program, the board shall provide thirty-five thousand dollars ($35,000) for loan repayment annually, for three years, to reach a total of one hundred five thousand dollars ($105,000), or the total amount of the loan, whichever is the lesser amount. +(b) The initial disbursement of funds shall be made within 30 days from execution of a program agreement between the board and the recipient directly from the board to the qualified lender selected by the recipient, to be credited to the recipient’s account. +(c) Subsequent disbursements in sums equal to the initial disbursement, but not equaling more than the total amount owed by the recipient, shall be made within 30 days of months 13 and 25 of the recipient’s participation in the program. +SEC. 10. +Section 1976 of the Business and Professions Code is amended to read: +1976. +(a) The board shall report to the Legislature, during its sunset review period, the experience of the program since its inception, an evaluation of its effectiveness in improving access to dental care for underserved populations, and recommendations for maintaining or expanding its operation. The report to the Legislature shall also include the following: +(1) The number of program participants. +(2) The practice locations. +(3) The amount expended for the program. +(4) The information on annual progress reports by program participants. +(b) The report to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. +SEC. 11. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to ensure that low-income communities immediately receive the dental care they desperately lack as soon as possible by removing barriers to available and unused special funds for dentists who seek to serve designated underserved populations, it is necessary that this act take effect immediately.","Under the Dental Practice Act, the Dental Board of California is responsible for the licensure and regulation of dentists. Existing law establishes the Dental Corps Loan Repayment Program of 2002 to assist dentists who practice in an underserved area with loan repayment pursuant to an agreement between the board and the dentist, as specified. Existing law governs eligibility, application, selection, placement, and repayment for the program, and authorizes the board to adopt standards to implement the program relating to eligibility, placement, and termination. Existing law creates the Dentally Underserved Account within the State Dentistry Fund and moneys in the account are continuously appropriated for purposes of the program. +This bill would require that the program be known as the California Dental Corps Loan Repayment Program and would revise program provisions regarding eligibility, application, selection, and placement. The bill would require the board to develop a process for repayment of loans or grants disbursed if the participant is terminated from the program or is not able to complete the required service obligation, as provided. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 1970, 1970.5, and 1973 of, to amend and repeal Section 1976 of, and to repeal and add Sections 1971, 1972, and 1975 of, the Business and Professions Code, relating to dentistry, and declaring the urgency thereof, to take effect immediately." +1129,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The Foothill Feeder below Castaic Dam in the County of Los Angeles is the primary conduit for water from the State Water Project for the southern California region served by the Metropolitan Water District of Southern California. The Metropolitan Water District of Southern California is a public agency comprised of 26 member public agencies – 14 cities, 11 municipal water districts, and one county water authority – and provides water to approximately 19 million people in the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura. +(b) Water supplies from the State Water Project are a critical part of southern California’s water supply portfolio, and any interruption of that supply must be minimized to ensure delivery of clean and reliable water supplies for municipal and industrial uses, including health and human safety, and to water agencies and cities that rely upon water supply deliveries from the Metropolitan Water District of Southern California. +(c) Periodic dewatering, inspection, maintenance, modification, or repair, including emergency repairs, require that all or a portion of the Foothill Feeder be dewatered into the Santa Clara River and certain of its tributaries where unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) may be present during these activities. Thus, to protect southern California water supplies, the incidental take of unarmored threespine stickleback must be permitted for the periodic dewatering, inspection, maintenance, modification, or repair of the Foothill Feeder. +(d) During the permit application process pursuant to Section 2081.10 of the Fish and Game Code, the Metropolitan Water District of Southern California shall consult with the Department of Fish and Wildlife and the United States Fish and Wildlife Service with respect to feasible mitigation and conservation measures that may be adopted pursuant to that section. These measures shall be consistent with any state or federal wildlife agency recovery plan adopted for the long-term conservation of the unarmored threespine stickleback in the Santa Clara River watershed. +SEC. 2. +Section 2081.10 is added to the Fish and Game Code, to read: +2081.10. +(a) The department may authorize, under this chapter, the incidental take of unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) attributable to the periodic dewatering, inspection, maintenance, modification, or repair, including emergency repair, of the Metropolitan Water District of Southern California’s Foothill Feeder water supply facility from Castaic Dam to the Joseph Jensen Treatment Plant in the County of Los Angeles, contingent upon the fulfillment of the following conditions: +(1) The department determines that the requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the unarmored threespine stickleback. +(2) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the project. +(3) The take authorization provides for the development and implementation, in cooperation with the department, of an adaptive management plan for monitoring the effectiveness of, and adjusting as necessary, the measures to minimize and fully mitigate the impacts of the authorized take and to satisfy the conservation standard of subdivision (d) of Section 2805. +(4) A biologist who has substantial relevant experience evaluating impacts to inland fisheries is on duty whenever an activity is conducted that may affect the unarmored threespine stickleback. +(5) The Metropolitan Water District of Southern California consults with the department to consider feasible measures to avoid and minimize incidental take of unarmored threespine stickleback. For purposes of this paragraph, “feasible” has the same meaning as defined in Section 15364 of Title 14 of the California Code of Regulations. +(b) The take authorization shall cover any incidental take of unarmored threespine stickleback attributable to the periodic dewatering, inspection, maintenance, modification, or repair, including emergency repair, of the Foothill Feeder that may occur in the following locations: +(1) Within the Santa Clara River, from the Bouquet Canyon Road Bridge to a point located 4,000 feet downstream of where Commerce Center Drive, as of January 1, 2016, dead-ends adjacent to the Santa Clara River. +(2) From the confluence with the Santa Clara River upstream to the following locations: +(A) In Charlie Canyon to a point 1,000 feet upstream of the Foothill Feeder facility dewatering structure. +(B) In San Francisquito Creek to the Copper Hill Drive bridge. +(C) In Placerita Creek to the Hacienda Lane crossing. +(D) In Bouquet Creek to the Newhall Ranch Road Bridge. +(c) The take authorization shall also cover any incidental take of unarmored threespine stickleback that may occur in the course of implementing mitigation or conservation actions required in the permit issued pursuant to subdivision (a) as may be modified through an adaptive management plan adopted pursuant to paragraph (3) of subdivision (a). +(d) The permit issued pursuant to subdivision (a) shall include conditions that cover biological and scientific considerations including, but not limited to, criteria for the handling of stranded fish and their relocation into suitable habitat, the dewatering of the Foothill Feeder, and the reasonable and feasible mimicking of streamflows. The permit conditions shall be in compliance with the project description, mitigation measures, and release plan set forth in the certified environmental impact report known as the “Foothill Feeder Repair and Future Inspections Project Environmental Impact Report, January 2005, State Clearinghouse Number 2005071082.” The permit conditions are subject to amendment when required by the adaptive management plan or when modified by a subsequent final environmental document pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). +(e) This section shall not be construed to exempt from any other law the periodic dewatering, inspection, maintenance, modification, or repair of the Foothill Feeder. +(f) If the Metropolitan Water District of Southern California receives a permit under this section, the permit shall require the district to report to the department within six months after every dewatering of the Foothill Feeder. The report shall address compliance with the permit conditions and the effectiveness of the adaptive management plan in contributing to the conservation of the unarmored threespine stickleback. The Metropolitan Water District of Southern California shall ensure that each report is made available to the public. +(g) As used in this section, “modification” does not include alterations to expand the maximum physical capacity of the Foothill Feeder to deliver water. +SEC. 3. +Section 5515 of the Fish and Game Code is amended to read: +5515. +(a) (1) Except as provided in this section or Section 2081.6, 2081.7, 2081.10, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. +(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. +(3) A legally imported fully protected fish may be possessed under a permit issued by the department. +(b) The following are fully protected fish: +(1) Colorado River squawfish (Ptychocheilus lucius). +(2) Thicktail chub (Gila crassicauda). +(3) Mohave chub (Gila mohavensis). +(4) Lost River sucker (Catostomus luxatus). +(5) Modoc sucker (Catostomus microps). +(6) Shortnose sucker (Chasmistes brevirostris). +(7) Humpback sucker (Xyrauchen texanus). +(8) Owens River pupfish (Cyprinoden radiosus). +(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). +(10) Rough sculpin (Cottus asperrimus). +SEC. 3.1. +Section 5515 of the Fish and Game Code is amended to read: +5515. +(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. +(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. +(3) A legally imported fully protected fish may be possessed under a permit issued by the department. +(b) The following are fully protected fish: +(1) Colorado River squawfish (Ptychocheilus lucius). +(2) Thicktail chub (Gila crassicauda). +(3) Mohave chub (Gila mohavensis). +(4) Lost River sucker (Catostomus luxatus). +(5) Modoc sucker (Catostomus microps). +(6) Shortnose sucker (Chasmistes brevirostris). +(7) Humpback sucker (Xyrauchen texanus). +(8) Owens River pupfish (Cyprinoden radiosus). +(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). +(10) Rough sculpin (Cottus asperrimus). +SEC. 3.2. +Section 5515 of the Fish and Game Code is amended to read: +5515. +(a) (1) Except as provided in this section or Section 2081.6, 2081.7, 2081.10, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. +(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. +(3) A legally imported fully protected fish may be possessed under a permit issued by the department. +(b) The following are fully protected fish: +(1) Colorado River squawfish (Ptychocheilus lucius). +(2) Thicktail chub (Gila crassicauda). +(3) Mohave chub (Gila mohavensis). +(4) Lost River sucker (Catostomus luxatus). +(5) Modoc sucker (Catostomus microps). +(6) Shortnose sucker (Chasmistes brevirostris). +(7) Humpback sucker (Xyrauchen texanus). +(8) Owens pupfish (Cyprinoden radiosus). +(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). +(10) Rough sculpin (Cottus asperrimus). +SEC. 3.3. +Section 5515 of the Fish and Game Code is amended to read: +5515. +(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. +(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. +(3) A legally imported fully protected fish may be possessed under a permit issued by the department. +(b) The following are fully protected fish: +(1) Colorado River squawfish (Ptychocheilus lucius). +(2) Thicktail chub (Gila crassicauda). +(3) Mohave chub (Gila mohavensis). +(4) Lost River sucker (Catostomus luxatus). +(5) Modoc sucker (Catostomus microps). +(6) Shortnose sucker (Chasmistes brevirostris). +(7) Humpback sucker (Xyrauchen texanus). +(8) Owens pupfish (Cyprinoden radiosus). +(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). +(10) Rough sculpin (Cottus asperrimus). +SEC. 4. +(a) Section 3.1 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 1845. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) Assembly Bill 2001 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1845, in which case Sections 3, 3.2, and 3.3 of this bill shall not become operative. +(b) Section 3.2 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 2001. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) Assembly Bill 1845 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2001 in which case Sections 3, 3.1, and 3.3 of this bill shall not become operative. +(c) Section 3.3 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by this bill, Assembly Bill 1845, and Assembly Bill 2001. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 5515 of the Fish and Game Code, and (3) this bill is enacted after Assembly Bill 1845 and Assembly Bill 2001, in which case Sections 3, 3.1, and 3.2 of this bill shall not become operative.","Existing law prohibits the taking or possession of a fully protected fish, except as provided, and designates the unarmored threespine stickleback as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated. +This bill would permit the department to authorize, under the California Endangered Species Act, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) attributable to the periodic dewatering, inspection, maintenance, modification, or repair of the Metropolitan Water District of Southern California’s Foothill Feeder water supply facility from Castaic Dam to the Joseph Jensen Treatment Plant in the County of Los Angeles, as specified, if certain conditions, including the adoption of an adaptive management plan, are satisfied. The bill would require the Metropolitan Water District of Southern California, if it receives a permit under the bill, to report certain information to the department within 6 months after every dewatering of the Foothill Feeder. +This bill would incorporate additional changes to Section 5515 of the Fish and Game Code, proposed by AB 1845 and AB 2001, that would become operative only if this bill and either or both of those bills are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Section 5515 of, and to add Section 2081.10 to, the Fish and Game Code, relating to fish." +1130,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 62001 of the Government Code is amended to read: +62001. +(a) A community revitalization and investment authority is a public body, corporate and politic, with jurisdiction to carry out a community revitalization plan within a community revitalization and investment area. The authority shall be deemed to be the “agency” described in subdivision (b) of Section 16 of Article XVI of the California Constitution for purposes of receiving tax increment revenues. The authority shall have only those powers and duties specifically set forth in Section 62002. +(b) (1) An authority may be created in any one of the following ways: +(A) A city, county, or city and county may adopt a resolution creating an authority. The composition of the governing board shall be comprised as set forth in subdivision (c). +(B) A city, county, city and county, and special district, as special district is defined in subdivision (m) of Section 95 of the Revenue and Taxation Code, or any combination thereof, may create an authority by entering into a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1. +(2) (A) A school entity, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, may not participate in an authority created pursuant to this part. +(B) A successor agency, as defined in subdivision (j) of Section 34171 of the Health and Safety Code, may not participate in an authority created pursuant to this part, and an entity created pursuant to this part shall not receive any portion of the property tax revenues or other moneys distributed pursuant to Section 34188 of the Health and Safety Code. +(3) An authority formed by a city or county that created a redevelopment agency that was dissolved pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code shall not become effective until the successor agency or designated local authority for the former redevelopment agency has adopted findings of fact stating all of the following: +(A) The agency has received a finding of completion from the Department of Finance pursuant to Section 34179.7 of the Health and Safety Code. +(B) Former redevelopment agency assets which are the subject of litigation against the state, where the city or county or its successor agency or designated local authority are a named plaintiff, have not been or will not be used to benefit any efforts of an authority formed under this part unless the litigation has been resolved by entry of a final judgment by any court of competent jurisdiction and any appeals have been exhausted. +(C) The agency has complied with all orders of the Controller pursuant to Section 34167.5 of the Health and Safety Code. +(c) (1) The governing board of an authority created pursuant to subparagraph (A) of paragraph (1) of subdivision (b) shall be appointed by the legislative body of the city, county, or city and county that created the authority and shall include three members of the legislative body of the city, county, or city and county that created the authority and two public members. The appointment of the two public members shall be subject to Section 54974. The two public members shall live or work within the community revitalization and investment area. +(2) The governing body of the authority created pursuant to subparagraph (B) of paragraph (1) of subdivision (b) shall be comprised of a majority of members from the legislative bodies of the public agencies that created the authority and a minimum of two public members who live or work within the community revitalization and investment area. The majority of the board shall appoint the public members to the governing body. The appointment of the public members shall be subject to Section 54974. +(d) An authority may carry out a community revitalization plan within a community revitalization and investment area. Not less than 80 percent of the land calculated by census tracts, census block groups, as defined by the United States Census Bureau, or any combination of both within the area shall be characterized by both of the following conditions: +(1) An annual median household income that is less than, at the option of the authority, 80 percent of the statewide, countywide, or citywide annual median income. +(2) Three of the following four conditions: +(A) An unemployment rate that is at least 3 percentage points higher than the statewide average annual unemployment rate, as defined by the report on labor market information published by the Employment Development Department in March of the year in which the community revitalization plan is prepared. In determining the unemployment rate within the community revitalization and investment area, an authority may use unemployment data from the periodic American Community Survey published by the United States Census Bureau. +(B) Crime rates, as documented by records maintained by the law enforcement agency that has jurisdiction in the proposed plan area for violent or property crime offenses, that are at least 5 percent higher than the statewide average crime rate for violent or property crime offenses, as defined by the most recent annual report of the Criminal Justice Statistics Center within the Department of Justice, when data is available on the Attorney General’s Internet Web site. The crime rate shall be calculated by taking the local crime incidents for violent or property crimes, or any offense within those categories, for the most recent calendar year for which the Department of Justice maintains data, divided by the total population of the proposed plan area, multiplied by 100,000. If the local crime rate for the proposed plan area exceeds the statewide average rate for either violent or property crime, or any offense within these categories, by more than 5 percent, then the condition described in this subparagraph shall be met. +(C) Deteriorated or inadequate infrastructure, including streets, sidewalks, water supply, sewer treatment or processing, and parks. +(D) Deteriorated commercial or residential structures. +(e) As an alternative to subdivision (d), an authority may also carry out a community revitalization plan within a community revitalization and investment area if it meets either of the following conditions: +(1) The area is established within a former military base that is principally characterized by deteriorated or inadequate infrastructure and structures. Notwithstanding subdivision (c), the governing board of an authority established within a former military base shall include a member of the military base closure commission as a public member. +(2) The census tracts or census block groups, as defined by the United States Census Bureau, within the area are situated within a disadvantaged community as described in Section 39711 of the Health and Safety Code. +(f) An authority created pursuant to this part shall be a local public agency subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). +(g) (1) At any time after the authority is authorized to transact business and exercise its powers, the legislative body or bodies of the local government or governments that created the authority may appropriate the amounts the legislative body or bodies deem necessary for the administrative expenses and overhead of the authority. +(2) The money appropriated may be paid to the authority as a grant to defray the expenses and overhead, or as a loan to be repaid upon the terms and conditions as the legislative body may provide. If appropriated as a loan, the property owners and residents within the plan area shall be made third-party beneficiaries of the repayment of the loan. In addition to the common understanding and usual interpretation of the term, “administrative expense” includes, but is not limited to, expenses of planning and dissemination of information. +SEC. 2. +Section 62002 of the Government Code is amended to read: +62002. +An authority may do all of the following: +(a) Provide funding to rehabilitate, repair, upgrade, or construct infrastructure. +(b) Provide for low- and moderate-income housing in accordance with Part 2 (commencing with Section 62100). +(c) Remedy or remove a release of hazardous substances pursuant to the Polanco Redevelopment Act (Article 12.5 (commencing with Section 33459) of Chapter 4 of Part 1 of Division 24) or Chapter 6.10 (commencing with Section 25403) of Division 20 of the Health and Safety Code. +(d) Provide for seismic retrofits of existing buildings in accordance with all applicable laws and regulations. +(e) Acquire and transfer real property in accordance with Part 3 (commencing with Section 62200). The authority shall retain controls and establish restrictions or covenants running with the land sold or leased for private use for the periods of time and under the conditions as are provided in the plan. The establishment of these controls is a public purpose under this part. +(f) Issue bonds in conformity with Article 4.5 (commencing with Section 53506) and Article 5 (commencing with Section 53510) of Chapter 3 of Part 1 of Division 2 of Title 5. +(g) (1) Borrow money, receive grants, or accept financial or other assistance or investment from the state or the federal government or any other public agency or private lending institution for any project within its area of operation, and may comply with any conditions of the loan or grant. An authority may qualify for funding as a disadvantaged community pursuant to Section 79505.5 of the Water Code or as defined by Section 56033.5. An authority may also enter into an agreement with a qualified community development entity, as defined by Section 45D(c) of the Internal Revenue Code, to coordinate investments of funds derived from the New Markets Tax Credit with those of the authority in instances where coordination offers opportunities for greater efficiency of investments to improve conditions described in subdivisions (d) and (e) within the territorial jurisdiction of the authority. +(2) Receive funds allocated to it pursuant to a resolution adopted by a city, county, or special district to transfer these funds from a source described in subdivision (d), (e), or (f) of Section 53398.75, subject to any requirements upon, or imposed by, the city, county, or special district as to the use of these funds. +(h) Adopt a community revitalization and investment plan pursuant to Sections 62003 and 62004. +(i) Make loans or grants for owners or tenants to improve, rehabilitate, or retrofit buildings or structures within the plan area. +(j) Construct foundations, platforms, and other like structural forms necessary for the provision or utilization of air rights sites for buildings to be used for residential, commercial industrial, or other uses contemplated by the revitalization plan. +(k) Provide direct assistance to businesses within the plan area in connection with new or existing facilities for industrial or manufacturing uses, except as specified in this division. +SEC. 3. +Section 62004 of the Government Code is amended to read: +62004. +(a) The authority shall consider adoption of the plan at three public hearings that shall take place at least 30 days apart. At the first public hearing, the authority shall hear all written and oral comments but take no action. At the second public hearing, the authority shall consider any additional written and oral comments and take action to modify or reject the plan. If the plan is not rejected at the second public hearing, then the authority shall conduct a protest proceeding at the third public hearing to consider whether the property owners and residents within the plan area wish to present oral or written protests against the adoption of the plan. +(b) The draft plan shall be made available to the public and to each property owner within the area at a meeting held at least 30 days prior to the notice given for the first public hearing. The purposes of the meeting shall be to allow the staff of the authority to present the draft plan, answer questions about the plan, and consider comments about the plan. +(c) (1) Notice of the meeting required by subdivision (b) and the public hearings required by this subdivision shall be given in accordance with subdivision (j). The notice shall do all of the following, as applicable: +(A) Describe specifically the boundaries of the proposed area. +(B) Describe the purpose of the plan. +(C) State the day, hour, and place when and where any and all persons having any comments on the proposed plan may appear to provide written or oral comments to the authority. +(D) Notice of second public hearing shall include a summary of the changes made to the plan as a result of the oral and written testimony received at or before the public hearing and shall identify a location accessible to the public where the plan proposed to be presented and adopted at the second public hearing can be reviewed. +(E) Notice of the third public hearing to consider any written or oral protests shall contain a copy of the final plan adopted pursuant to subdivision (a), and shall inform the property owner and resident of his or her right to submit an oral or written protest before the close of the public hearing. The protest may state that the property owner or resident objects to the authority taking action to implement the plan. +(2) At the third public hearing, the authority shall consider all written and oral protests received prior to the close of the public hearing and shall terminate the proceedings or adopt the plan subject to confirmation by the voters at an election called for that purpose. The authority shall terminate the proceedings if there is a majority protest. A majority protest exists if protests have been filed representing over 50 percent of the combined number of property owners and residents in the area who are at least 18 years of age. An election shall be called if between 25 percent and 50 percent of the combined number of property owners and residents in the area who are at least 18 years of age file a protest. +(d) An election required pursuant to paragraph (2) of subdivision (c) shall be held within 90 days of the public hearing and may be held by mail-in ballot. The authority shall adopt, at a duly noticed public hearing, procedures for this election. +(e) If a majority of the property owners and residents vote against the plan, then the authority shall not take any further action to implement the proposed plan. The authority shall not propose a new or revised plan to the affected property owners and residents for at least one year following the date of an election in which the plan was rejected. +(f) At the hour set in the notice required by subdivision (a), the authority shall consider all written and oral comments. +(g) If less than 25 percent of the combined number of property owners and residents in the area who are at least 18 years of age file a protest, the authority may adopt the plan at the conclusion of the third public hearing by ordinance. The ordinance adopting the plan shall be subject to referendum as prescribed by law. +(h) For the purposes of Section 62005, the plan shall be the plan adopted pursuant to this section. +(i) The authority shall consider and adopt an amendment or amendments to a plan in accordance with the provisions of this section. +(j) The authority shall post notice of each meeting or public hearing required by this section in an easily identifiable and accessible location on the authority’s Internet Web site and shall mail a written notice of the meeting or public hearing to each owner of land and each resident at least 10 days prior to the meeting or public hearing. +(1) Notice of the first public hearing shall also be published not less than once a week for four successive weeks prior to the first public hearing in a newspaper of general circulation published in the county in which the area lies. +(2) Notice of the second public hearing shall also be published not less than 10 days prior to the second public hearing in a newspaper of general circulation in the county in which the area lies. +(3) Notice of the third public hearing shall also be published not less than 10 days prior to the third public hearing in a newspaper of general circulation in the county in which the area lies.","The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined, by means of redevelopment projects financed by the issuance of bonds serviced by tax increment revenues derived from the project area. Existing law dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved agencies and to fulfill the enforceable obligations of those agencies. Existing law also provides for various economic development programs that foster community sustainability and community and economic development initiatives throughout the state. +Existing law authorizes certain local agencies to form a community revitalization and investment authority (authority) within a community revitalization and investment area, as defined, to carry out provisions of the Community Redevelopment Law in that area for purposes related to, among other things, infrastructure, affordable housing, and economic revitalization. Existing law requires not less than 80% of the land calculated by census tracts or census block groups, as defined by the United States Census Bureau, within the area to be characterized by several conditions, including a condition that the land has an annual median household income of less than 80% of the statewide annual median income. +This bill would authorize the calculation to be made with a combination of census tracts and census block groups. The bill would also revise the conditions to require, among other things, an annual median household income that is less than 80% of the statewide, countywide, or citywide annual median household income. The bill would also authorize an authority to carry out a community revitalization plan if the census tract or census block groups within the community revitalization and investment area are within a disadvantage community, as prescribed. +Existing law authorizes certain entities that receive ad valorem property taxes to adopt a resolution in a specified manner to allocate their share of tax increment funds within the area covered by a community revitalization plan to the authority. +Existing law authorizes an authority to borrow money, receive grants, or accept financial or other assistance or investment from the state or any other public agency for any project within its area of operation. +This bill would authorize an authority to also receive funds allocated to it pursuant to a resolution adopted by a city, county, or special district to transfer these funds from certain tax and assessment revenues, subject to specified requirements as to the use of those funds.","An act to amend Sections 62001, 62002, and 62004 of the Government Code, relating to economic development." +1131,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 18729 of the Revenue and Taxation Code is amended to read: +18729. +(a) This article shall remain in effect only for taxable years beginning before January 1, 2016, and as of January 1, 2017, is repealed. +(b) Notwithstanding the repeal of this article, any contribution amounts designated pursuant to this article prior to its repeal shall continue to be transferred and disbursed in accordance with this article as in effect immediately prior to that repeal. +SEC. 2. +Article 3.6 (commencing with Section 18730) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: +Article 3.6. California Senior Citizen Advocacy Fund +18730. +(a) For taxable years beginning on or after January 1, 2016, any individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the California Senior Citizen Advocacy Fund established by Section 18731 to be used to conduct the sessions of the California Senior Legislature and to support its ongoing activities on behalf of older persons. +(b) The contribution shall be in full dollar amounts and may be made individually by each signatory on the joint return. +(c) A designation under subdivision (a) shall be made for any taxable year on the original return for that taxable year, and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made. +(d) The Franchise Tax Board shall revise the form of the return to include a space labeled “California Senior Citizen Advocacy Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to conduct the sessions of the California Senior Legislature and to support its ongoing activities on behalf of older persons. +(e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a). +18731. +(a) There is hereby established in the State Treasury the California Senior Citizen Advocacy Fund to receive contributions made pursuant to Section 18730. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18730 to be transferred to the California Senior Citizen Advocacy Fund. The Controller shall transfer from the Personal Income Tax Fund to the California Senior Citizen Advocacy Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18730 for payment into that fund. +(b) The California Senior Citizen Advocacy Fund is the successor fund of the California Senior Legislature Fund. All assets, liabilities, revenues, and expenditures of the California Senior Legislature Fund shall be transferred to, and become a part of, the California Senior Citizen Advocacy Fund, as provided in Section 16346 of the Government Code. Any references in state law to the California Senior Legislature Fund shall be construed to refer to the California Senior Citizen Advocacy Fund. +18732. +(a) All moneys transferred to the California Senior Citizen Advocacy Fund pursuant to Section 18731, upon appropriation by the Legislature, shall be allocated as follows: +(1) To the Controller and the Franchise Tax Board for reimbursement of all costs incurred by the Controller and the Franchise Tax Board in connection with their duties under this article. +(2) The balance to the California Senior Legislature, for its ongoing activities on behalf of older persons. +(b) All moneys allocated pursuant to paragraph (2) of subdivision (a) may be carried over from the year in which they were received and encumbered in any following year. +(c) The funds allocated to the California Senior Legislature for the purpose of funding the activities of the California Senior Legislature shall be spent pursuant to the purview of the Joint Rules Committee of the California Senior Legislature in a manner consistent with the bylaws of the California Senior Legislature, established through a majority vote of the California Senior Legislature. +(d) The California Senior Legislature’s Internet Web site shall report the goals of the organization, the number of and summary of bills proposed by the California Senior Legislature, and all events the California Senior Citizen Advocacy Fund supports each year. +18733. +(a) Except as otherwise provided in subdivision (b), this article shall remain in effect only for taxable years beginning before January 1, 2021, and as of December 1, 2021, is repealed. +(b) (1) By September 1, 2017, and by September 1 of each subsequent calendar year that the California Senior Citizen Advocacy Fund appears on the tax return, the Franchise Tax Board shall do all of the following: +(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. +(B) Provide written notification to the California Senior Legislature of the amount determined in subparagraph (A). +(C) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. +(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. +(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the California Senior Citizen Advocacy Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c). +(c) For each calendar year, beginning with the third calendar year after the first appearance of the California Senior Citizen Advocacy Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows: +(1) The minimum estimated contribution amount for the calendar year shall be an amount equal to the product of the minimum estimated contribution amount for the calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. +(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041. +(d) Notwithstanding the repeal of this article, any contribution amounts designated pursuant to this article prior to its repeal shall continue to be transferred and disbursed in accordance with this article as in effect immediately prior to that repeal.","Under existing law, taxpayers are allowed to contribute amounts in excess of their personal income tax liability for the support of the California Senior Legislature Fund until the year in which the minimum contribution is not received, or January 1, 2019, whichever occurs first. Existing law also contains administrative provisions that are generally applicable to voluntary contributions. +This bill would repeal these provisions regarding contributions for the support of the California Senior Legislature Fund and would instead allow a taxpayer, for taxable years beginning on or after January 1, 2016, to designate an amount in excess of personal income tax liability to be deposited to the California Senior Citizen Advocacy Fund, which the bill would create. This bill would require moneys transferred to the California Senior Citizen Advocacy Fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller, as provided, and to the California Senior Legislature for the purpose of funding the activities of the California Senior Legislature, as provided. +The bill would require the California Senior Legislature’s Internet Web site to report specified information, including all events the California Senior Citizen Advocacy Fund supports each year. +This bill would repeal these voluntary contribution provisions by a specified date or, if contributions made on returns would be less than a specified amount, by an earlier date as provided.","An act to amend Section 18729 of, and to add and repeal Article 3.6 (commencing with Section 18730) of Chapter 3 of Part 10.2 of Division 2 of, the Revenue and Taxation Code, relating to taxation." +1132,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2290.5 of the Business and Professions Code is amended to read: +2290.5. +(a) For purposes of this division, the following definitions apply: +(1) “Asynchronous store and forward” means the transmission of a patient’s medical information from an originating site to the health care provider at a distant site without the presence of the patient. +(2) “Distant site” means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system. +(3) “Health care provider” means either of the following: +(A) A person who is licensed under this division. +(B) A marriage and family therapist intern or trainee functioning pursuant to Section 4980.43. +(4) “Originating site” means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates. +(5) “Synchronous interaction” means a real-time interaction between a patient and a health care provider located at a distant site. +(6) “Telehealth” means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care while the patient is at the originating site and the health care provider is at a distant site. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers, +including, but not limited to, +including +video +communications, telephone communications, email communications, and synchronous text or chat conferencing. +communications and telephone communications. +(b) Prior to the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain oral, written, or digital consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented. +(c) Nothing in this section shall preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth. +(d) The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section. +(e) This section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law. +(f) All laws regarding the confidentiality of health care information and a patient’s rights to his or her medical information shall apply to telehealth interactions. +(g) This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility. +(h) (1) Notwithstanding any other provision of law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations. +(2) By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1). +(3) For the purposes of this subdivision, “telehealth” shall include “telemedicine” as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations. +SEC. 2. +Section 1374.13 of the Health and Safety Code is amended to read: +1374.13. +(a) For the purposes of this section, the definitions in subdivision (a) of Section 2290.5 of the Business and Professions Code apply. +(b) It is the intent of the Legislature to recognize the practice of telehealth as a legitimate means by which an individual may receive health care services from a health care provider without in-person contact with the health care provider. +(c) A health care service plan shall not require that in-person contact occur between a health care provider and a patient before payment is made for the covered services appropriately provided through telehealth, subject to the terms and conditions of the contract entered into between the enrollee or subscriber and the health care service plan, and between the health care service plan and its participating providers or provider groups. +(d) A health care service plan shall not limit the type of setting where services are provided for the patient or by the health care provider before payment is made for the covered services appropriately provided through telehealth, subject to the terms and conditions of the contract entered into between the enrollee or subscriber and the health care service plan, and between the health care service plan and its participating providers or provider groups. +(e) The requirements of this section shall also apply to health care service plan and Medi-Cal managed care plan contracts with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code. +(f) Notwithstanding any law, this section shall not be interpreted to authorize a health care service plan to require the use of telehealth when the health care provider has determined that it is not appropriate. +(g) Notwithstanding any law, this section shall not be interpreted to authorize a health care provider to require the use of telehealth when +a patient prefers to be treated in an in-person setting. Telehealth services should be physician- or practitioner-guided and patient-preferred. +it is not appropriate. Nothing in this section shall preclude a patient from receiving in-person health care delivery services. +(h) A health care service plan shall include in its plan contract coverage and reimbursement for services provided to a patient through telehealth to the same extent as though provided in person or by some other means. +(1) A health care service plan shall reimburse the health care provider for the diagnosis, consultation, or treatment of the enrollee when the service is delivered through telehealth at a rate that is at least as favorable to the health care provider as those established for the equivalent services when provided in person or by some other means. +(2) A health care service plan may subject the coverage of services delivered via telehealth to copayments, coinsurance, or deductible provided that the amounts charged are at least as favorable to the enrollee as those established for the equivalent services when provided in person or by some other means. +(i) A health care service plan shall not limit coverage or reimbursement based on a contract entered into between the health care service plan and an independent telehealth provider or +interfere with the physician-patient +alter the provider-patient +relationship based on the modality utilized for services appropriately provided through telehealth. +(j) Notwithstanding any other law, this section shall not be interpreted to prohibit a health care service plan from undertaking a utilization review of telehealth services, provided that the utilization review is made in the same manner as a utilization review for equivalent services when provided in person or by other means. +(k) This section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law. +(l) All laws regarding the confidentiality of health care information and a patient’s right to his or her medical information shall apply to telehealth services. +SEC. 3. +Section 10123.85 of the Insurance Code is amended to read: +10123.85. +(a) For purposes of this section, the definitions in subdivision (a) of Section 2290.5 of the Business and Professions Code shall apply. +(b) It is the intent of the Legislature to recognize the practice of telehealth as a legitimate means by which an individual may receive health care services from a health care provider without in-person contact with the health care provider. +(c) No health insurer shall require that in-person contact occur between a health care provider and a patient before payment is made for the services appropriately provided through telehealth, subject to the terms and conditions of the contract entered into between the policyholder or contractholder and the insurer, and between the insurer and its participating providers or provider groups. +(d) No health insurer shall limit the type of setting where services are provided for the patient or by the health care provider before payment is made for the covered services appropriately provided by telehealth, subject to the terms and conditions of the contract between the policyholder or contract holder and the insurer, and between the insurer and its participating providers or provider groups. +(e) Notwithstanding any other provision, this section shall not be interpreted to authorize a health insurer to require the use of telehealth when the health care provider has determined that it is not appropriate. +(f) Notwithstanding any law, this section shall not be interpreted to authorize a health care provider to require the use of telehealth when +a patient prefers to be treated in an in-person setting. Telehealth services should be physician- or practitioner-guided and patient-preferred. +it is not appropriate. Nothing in this section shall preclude a patient from receiving in-person health care delivery services. +(g) A health insurer shall include in its policy coverage and reimbursement for services provided to a patient through telehealth to the same extent as though provided in person or by some other means. +(1) A health insurer shall reimburse the health care provider for the diagnosis, consultation, or treatment of the insured when the service is delivered through telehealth at a rate that is at least as favorable to the health care provider as those established for the equivalent services when provided in person or by some other means. +(2) A health insurer may subject the coverage of services delivered via telehealth to copayments, coinsurance, or deductible provided that the amounts charged are at least as favorable to the insured as those established for the equivalent services when provided in person or by some other means. +(h) A health insurer shall not limit coverage or reimbursement based on a contract entered into between the health insurer and an independent telehealth provider or +interfere with the physician-patient +alter the provider-patient +relationship based on the modality utilized for services appropriately provided through telehealth. +(i) Notwithstanding any other law, this section shall not be interpreted to prohibit a health insurer from undertaking a utilization review of telehealth services, provided that the utilization review is made in the same manner as a utilization review for equivalent services when provided in person or by other means. +(j) This section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law. +(k) All laws regarding the confidentiality of health care information and a patient’s right to his or her medical information shall apply to telehealth services. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law defines “telehealth” as the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care while the patient is at the originating site and the health care provider is at a distant site, and that facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers. Existing law requires that prior to the delivery of health care via telehealth, the health care provider initiating the use of telehealth inform the patient about the use of telehealth and obtain documented verbal or written consent from the patient for the use of telehealth. +This bill would add video +communications, telephone communications, email communications, and synchronous text or chat conferencing +communications and telephone communications +to the definition of telehealth. The bill would also provide that the required prior consent for telehealth services may be digital as well as oral or written. +(2) Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law prohibits health care service plans and health insurers from limiting the type of setting where services are provided for the patient or by the health care provider before payment is made for the covered services appropriately provided through telehealth, subject to the terms and conditions of the contract entered into between the enrollee, insured, subscriber, or policyholder and the plan or insurer, and between the plan or insurer and its participating providers or provider groups. +This bill would also prohibit a health care provider from requiring the use of telehealth when +a patient prefers to receive health care services in person +it is not appropriate +and would require health care service plans and health insurers to include coverage and reimbursement for services provided to a patient through telehealth to the same extent as though provided in person or by some other means, as specified. The bill would prohibit a health care service plan or health insurer from limiting coverage or reimbursement based on a contract entered into between the plan or insurer and an independent telehealth provider. The bill would prohibit a health care service plan or a health insurer from +interfering with the physician-patient +altering the provider-patient +relationship based on the modality utilized for services appropriately provided through telehealth. +The bill would provide that all laws regarding the confidentiality of health care information and a patient’s right to his or her medical information shall apply to telehealth services. +Because a willful violation of the bill’s provisions by a health care service plan would be a crime, it would impose a state-mandated local program. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 2290.5 of the Business and Professions Code, to amend Section 1374.13 of the Health and Safety Code, and to amend Section 10123.85 of the Insurance Code, relating to telehealth." +1133,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 34171 of the Health and Safety Code is amended to read: +34171. +The following terms shall have the following meanings: +(a) “Administrative budget” means the budget for administrative costs of the successor agencies as provided in Section 34177. +(b) (1) “Administrative cost allowance” means the maximum amount of administrative costs that may be paid by a successor agency from the Redevelopment Property Tax Trust Fund in a fiscal year. +(2) The administrative cost allowance shall be 5 percent of the property tax allocated to the successor agency on the Recognized Obligation Payment Schedule covering the period January 1, 2012, through June 30, 2012. The administrative cost allowance shall be up to 3 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund for each fiscal year thereafter ending on June 30, 2016. However, the administrative cost allowance shall not be less than two hundred fifty thousand dollars ($250,000) in any fiscal year, unless this amount is reduced by the oversight board or by agreement with the successor agency. +(3) Commencing July 1, 2016, and for each fiscal year thereafter, the administrative cost allowance shall be up to 3 percent of the actual property tax distributed to the successor agency by the county auditor-controller in the preceding fiscal year for payment of approved enforceable obligations, reduced by the successor agency’s administrative cost allowance and loan repayments made to the city, county, or city and county that created the redevelopment agency that it succeeded pursuant to subdivision (b) of Section 34191.4 during the preceding fiscal year. However, the administrative cost allowance shall not be less than two hundred fifty thousand dollars ($250,000) in any fiscal year, unless this amount is reduced by the oversight board or by agreement between the successor agency and the department. +(4) Notwithstanding paragraph (3), commencing July 1, 2016, a successor agency’s annual administrative costs shall not exceed 50 percent of the total Redevelopment Property Tax Trust Fund distributed to pay enforceable obligations in the preceding fiscal year, which latter amount shall be reduced by the successor agency’s administrative cost allowance and loan repayments made to the city, county, or city and county that created the redevelopment agency that it succeeded pursuant to subdivision (b) of Section 34191.4 during the preceding fiscal year. This limitation applies to administrative costs whether paid within the administrative cost allowance or not, but does not apply to administrative costs paid from bond proceeds or grant funds, or, in the case of a successor agency that is a designated local authority, from sources other than property tax. +(5) The administrative cost allowance shall be approved by the oversight board and shall be the sole funding source for any legal expenses related to civil actions brought by the successor agency or the city, county, or city and county that created the former redevelopment agency, including writ proceedings, contesting the validity of this part or Part 1.8 (commencing with Section 34161) or challenging acts taken pursuant to these parts. Employee costs associated with work on specific project implementation activities, including, but not limited to, construction inspection, project management, or actual construction, shall be considered project-specific costs and shall not constitute administrative costs. +(c) “Designated local authority” shall mean a public entity formed pursuant to subdivision (d) of Section 34173. +(d) (1) “Enforceable obligation” means any of the following: +(A) Bonds, as defined by Section 33602 and bonds issued pursuant to Chapter 10.5 (commencing with Section 5850) of Division 6 of Title 1 of the Government Code, including the required debt service, reserve set-asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency. A reserve may be held when required by the bond indenture or when the next property tax allocation will be insufficient to pay all obligations due under the provisions of the bond for the next payment due in the following half of the calendar year. +(B) Loans of moneys borrowed by the redevelopment agency for a lawful purpose, to the extent they are legally required to be repaid pursuant to a required repayment schedule or other mandatory loan terms. +(C) Payments required by the federal government, preexisting obligations to the state or obligations imposed by state law, +specifically including, but not limited to, federal base reuse obligations for the former Norton Air Force Base as confirmed by the 1990 Joint Powers Agreement providing for member contributions and by the 1990 cooperation agreement pass with a state water contractor, +other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies’ employees, including, but not limited to, pension payments, pension obligation debt service, unemployment payments, or other obligations conferred through a collective bargaining agreement. Costs incurred to fulfill collective bargaining agreements for layoffs or terminations of city employees who performed work directly on behalf of the former redevelopment agency shall be considered enforceable obligations payable from property tax funds. The obligations to employees specified in this subparagraph shall remain enforceable obligations payable from property tax funds for any employee to whom those obligations apply if that employee is transferred to the entity assuming the housing functions of the former redevelopment agency pursuant to Section 34176. The successor agency or designated local authority shall enter into an agreement with the housing entity to reimburse it for any costs of the employee obligations. +(D) Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision. +(E) Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy. However, nothing in this act shall prohibit either the successor agency, with the approval or at the direction of the oversight board, or the oversight board itself from terminating any existing agreements or contracts and providing any necessary and required compensation or remediation for such termination. Titles of or headings used on or in a document shall not be relevant in determining the existence of an enforceable obligation. +(F) (i) Contracts or agreements necessary for the administration or operation of the successor agency, in accordance with this part, including, but not limited to, agreements concerning litigation expenses related to assets or obligations, settlements and judgments, and the costs of maintaining assets prior to disposition, and agreements to purchase or rent office space, equipment and supplies, and pay-related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134. Beginning January 1, 2016, any legal expenses related to civil actions, including writ proceedings, contesting the validity of this part or Part 1.8 (commencing with Section 34161) or challenging acts taken pursuant to these parts shall only be payable out of the administrative cost allowance. +(ii) A sponsoring entity may provide funds to a successor agency for payment of legal expenses related to civil actions initiated by the successor agency, including writ proceedings, contesting the validity of this part or Part 1.8 (commencing with Section 34161) or challenging acts taken pursuant to these parts. If the successor agency obtains a final judicial determination granting the relief requested in the action, the funds provided by the sponsoring entity for legal expenses related to successful causes of action pled by the successor agency shall be deemed an enforceable obligation for repayment under the terms set forth in subdivision (h) of Section 34173. If the successor agency does not receive a final judicial determination granting the relief requested, the funds provided by the sponsoring entity shall be considered a grant by the sponsoring entity and shall not qualify for repayment as an enforceable obligation. +(G) Amounts borrowed from, or payments owing to, the Low and Moderate Income Housing Fund of a redevelopment agency, which had been deferred as of the effective date of the act adding this part; provided, however, that the repayment schedule is approved by the oversight board. Repayments shall be transferred to the Low and Moderate Income Housing Asset Fund established pursuant to subdivision (d) of Section 34176 as a housing asset and shall be used in a manner consistent with the affordable housing requirements of the Community Redevelopment Law (Part 1 (commencing with Section 33000)). +(2) For purposes of this part, “enforceable obligation” does not include any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. However, written agreements entered into (A) at the time of issuance, but in no event later than December 31, 2010, of indebtedness obligations, and (B) solely for the purpose of securing or repaying those indebtedness obligations may be deemed enforceable obligations for purposes of this part. Additionally, written agreements entered into (A) at the time of issuance, but in no event later than June 27, 2011, of indebtedness obligations solely for the refunding or refinancing of other indebtedness obligations that existed prior to January 1, 2011, and (B) solely for the purpose of securing or repaying the refunded or refinanced indebtedness obligations may be deemed enforceable obligations for purposes of this part. Notwithstanding this paragraph, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created it, within two years of the date of creation of the redevelopment agency, may be deemed to be enforceable obligations. Notwithstanding this paragraph, an agreement entered into by the redevelopment agency prior to June 28, 2011, is an enforceable obligation if the agreement relates to state highway infrastructure improvements to which the redevelopment agency committed funds pursuant to Section 33445. Notwithstanding this paragraph, an agreement between the city, county, or city and county that created the former redevelopment agency and the former redevelopment agency is an enforceable obligation if that agreement requires the former redevelopment agency to repay or fulfill an outstanding loan or development obligation imposed by a grant or loan awarded or issued by a federal agency, including the United States Department of Housing and Urban Development, to the city, county, or city and county which subsequently loaned or provided those funds to the former redevelopment agency. +(3) Contracts or agreements between the former redevelopment agency and other public agencies, to perform services or provide funding for governmental or private services or capital projects outside of redevelopment project areas that do not provide benefit to the redevelopment project and thus were not properly authorized under Part 1 (commencing with Section 33000) shall be deemed void on the effective date of this part; provided, however, that such contracts or agreements for the provision of housing properly authorized under Part 1 (commencing with Section 33000) shall not be deemed void. +(e) “Indebtedness obligations” means bonds, notes, certificates of participation, or other evidence of indebtedness, issued or delivered by the redevelopment agency, or by a joint exercise of powers authority created by the redevelopment agency, to third-party investors or bondholders to finance or refinance redevelopment projects undertaken by the redevelopment agency in compliance with the Community Redevelopment Law (Part 1 (commencing with Section 33000)). +(f) “Oversight board” shall mean each entity established pursuant to Section 34179. +(g) “Recognized obligation” means an obligation listed in the Recognized Obligation Payment Schedule. +(h) “Recognized Obligation Payment Schedule” means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each six-month fiscal period until June 30, 2016, as provided in subdivision (m) of Section 34177. On and after July 1, 2016, “Recognized Obligation Payment Schedule” means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each fiscal year as provided in subdivision (o) of Section 34177. +(i) “School entity” means any entity defined as such in subdivision (f) of Section 95 of the Revenue and Taxation Code. +(j) “Successor agency” means the successor entity to the former redevelopment agency as described in Section 34173. +(k) “Taxing entities” means cities, counties, a city and county, special districts, and school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, that receive passthrough payments and distributions of property taxes pursuant to the provisions of this part. +(l) “Property taxes” include all property tax revenues, including those from unitary and supplemental and roll corrections applicable to tax increment. +(m) “Department” means the Department of Finance unless the context clearly refers to another state agency. +(n) “Sponsoring entity” means the city, county, or city and county, or other entity that authorized the creation of each redevelopment agency. +(o) “Final judicial determination” means a final judicial determination made by any state court that is not appealed, or by a court of appellate jurisdiction that is not further appealed, in an action by any party. +(p) From July 1, 2014, to July 1, 2018, inclusive, “housing entity administrative cost allowance” means an amount of up to 1 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund on behalf of the successor agency for each applicable fiscal year, but not less than one hundred fifty thousand dollars ($150,000) per fiscal year. +(1) If a local housing authority assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176, then the housing entity administrative cost allowance shall be listed by the successor agency on the Recognized Obligation Payment Schedule. Upon approval of the Recognized Obligation Payment Schedule by the oversight board and the department, the housing entity administrative cost allowance shall be remitted by the successor agency on each January 2 and July 1 to the local housing authority that assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176. +(2) If there are insufficient moneys in the Redevelopment Obligations Retirement Fund in a given fiscal year to make the payment authorized by this subdivision, the unfunded amount may be listed on each subsequent Recognized Obligation Payment Schedule until it has been paid in full. In these cases the five-year time limit on the payments shall not apply.","Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law defines the term “enforceable obligation” for these purposes to mean, among other things, preexisting obligations to the state or obligations imposed by state law, other than specified passthrough payments that are made by the county auditor-controller. +This bill would expressly include federal base reuse obligations for the former Norton Air Force Base pursuant to specified agreements as a preexisting obligation to the state or obligation imposed by state law.","An act to amend Section 34171 of the Health and Safety Code, relating to redevelopment." +1134,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19332 of the Business and Professions Code is amended to read: +19332. +(a) The Department of Food and Agriculture shall promulgate regulations governing the licensing of indoor and outdoor commercial cultivation sites. +(b) The Department of Pesticide Regulation shall develop guidelines for the use of pesticides in the cultivation of cannabis and residue in harvested cannabis. +(c) The Department of Food and Agriculture shall serve as the lead agency for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) related to the licensing of cannabis cultivation. +(d) Pursuant to Section 13149 of the Water Code, the State Water Resources Control Board, in consultation with the Department of Fish and Wildlife and the Department of Food and Agriculture, shall ensure that individual and cumulative effects of water diversion and discharge associated with cultivation of cannabis do not affect the instream flows needed for fish spawning, migration, and rearing, and the flows needed to maintain natural flow variability. +(e) The Department of Food and Agriculture shall have the authority necessary for the implementation of the regulations it adopts pursuant to this chapter. The regulations shall do all of the following: +(1) Provide that weighing or measuring devices used in connection with the sale or distribution of medical cannabis are required to meet standards equivalent to Division 5 (commencing with Section 12001). +(2) Require that cannabis cultivation by licensees is conducted in accordance with state and local laws. Nothing in this chapter, and no regulation adopted by the Department of Food and Agriculture, shall be construed to supersede or limit the authority of the State Water Resources Control Board, regional water quality control boards, or the Department of Fish and Wildlife to implement and enforce their statutory obligations or to adopt regulations to protect water quality, water supply, and natural resources. +(3) Establish procedures for the issuance and revocation of unique identifiers for activities associated with a cannabis cultivation license, pursuant to Article 8 (commencing with Section 19337). All cannabis shall be labeled with the unique identifier issued by the Department of Food and Agriculture. +(4) Prescribe standards, in consultation with the bureau, for the reporting of information as necessary related to unique identifiers, pursuant to Article 8 (commencing with Section 19337). +(f) The Department of Pesticide Regulation shall require that the application of pesticides or other pest control in connection with the indoor or outdoor cultivation of medical cannabis complies with Division 6 (commencing with Section 11401) of the Food and Agricultural Code and its implementing regulations. +(g) State cultivator license types issued by the Department of Food and Agriculture may include: +(1) Type 1, or “specialty outdoor,” for outdoor cultivation using no artificial lighting of less than or equal to 5,000 square feet of total canopy size on one premises, or up to 50 mature plants on noncontiguous plots. +(2) Type 1A, or “specialty indoor,” for indoor cultivation using exclusively artificial lighting of between 501 and 5,000 square feet of total canopy size on one premises. +(3) Type 1B, or “specialty mixed-light,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, of between 2,501 and 5,000 square feet of total canopy size on one premises. +(4) Type 1C, or “specialty cottage,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, of 2,500 square feet or less of total canopy size for mixed-light cultivation, up to 25 mature plants for outdoor cultivation, or 500 square feet or less of total canopy size for indoor cultivation, on one premises. +(5) Type 2, or “small outdoor,” for outdoor cultivation using no artificial lighting between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. +(6) Type 2A, or “small indoor,” for indoor cultivation using exclusively artificial lighting between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. +(7) Type 2B, or “small mixed-light,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. +(8) Type 3, or “outdoor,” for outdoor cultivation using no artificial lighting from 10,001 square feet to one acre, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type. +(9) Type 3A, or “indoor,” for indoor cultivation using exclusively artificial lighting between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type. +(10) Type 3B, or “mixed-light,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type. +(11) Type 4, or “nursery,” for cultivation of medical cannabis solely as a nursery. Type 4 licensees may transport live plants, if the licensee also holds a Type 12 transporter license issued pursuant to this chapter.","The Medical Cannabis Regulation and Safety Act provides for the licensure and regulation of commercial activities relating to medical cannabis and establishes various types of state cultivator licenses to be issued to qualified applicants by the Department of Food and Agriculture. +This bill would also provide for the issuance of a Type 1C, or “specialty cottage,” state cultivator license, as specified, by the Department of Food and Agriculture.","An act to amend Section 19332 of the Business and Professions Code, relating to medical cannabis." +1135,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) Voting, especially at the local level, is the cornerstone of democracy. However, voter turnout has declined consistently in recent decades. In the most recent general election conducted in November 2014, voter turnout was only 42 percent of eligible voters, representing a historic low. +(2) Research shows that early voting experiences are important determinants of future voting behavior. The formation of voting habits begins when individuals reach voting age and experience their first elections. +(3) Local political decisions have great influence on the lives of 16 and 17 year olds. As such, 16 and 17 year olds deserve to vote, and research shows they are mature enough to do so. +(4) Lowering the voting age for certain local elections will provide an opportunity to engage young voters on issues that directly affect them and will lead to increased voter turnout, thereby strengthening our democracy. As an example, Norway and Austria recently permitted 16 and 17 year olds to vote in certain elections and research shows that voter turnout for 16 and 17 year olds was much higher than older first-time voters. +(5) Lowering the voting age will also increase the demand for better civics education in schools, thereby significantly increasing political engagement. +(6) It is unclear whether existing state law permits charter cities to lower the voting age for local elections. Therefore, this bill seeks to provide legal certainty to those local governments considering this issue. +(b) Therefore, it is the intent of the Legislature that: +(1) Charter cities and charter cities and counties be permitted, and not required, to authorize 16 year olds to vote in school district governing board elections as a means of increasing voter turnout and civil participation. +(2) This section does not create a state-mandated local program because any costs imposed by this act shall be paid for by the charter city or charter city and county or the school district. +SEC. 2. +Section 2000 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read: +2000. +(a) Every person who qualifies under Section 2 of Article II of the California Constitution and who complies with this code governing the registration of electors may vote at any election held within the territory within which he or she resides and the election is held. +(b) Except as provided in subdivision (c), a person who will be at least 18 years of age at the time of the next election is eligible to register and vote at that election. +(c) Pursuant to Section 9255, the governing body of a city or city and county may amend its charter to authorize a person who will be at least 16 years of age at the time of the next election to vote in a school district governing board election in which he or she would be qualified to vote based on residence. This subdivision only applies to elections for school district governing boards that are governed by a charter pursuant to Article 1 (commencing with Section 5200) of Chapter 2 of Part 4 of Division 1 of Title 1 of the Education Code. +(1) The city or city and county shall prescribe the manner and method by which votes may be cast and counted pursuant to this subdivision, provided that all votes are cast no later than 8 p.m. on the day of the election. +(2) If a city or city and county amends its charter as described in this subdivision, it shall enter into an agreement with the county elections official providing for payment by the city, city or county, or school district of all costs necessary to implement the charter amendment. Alternatively, the agreement may provide that the city, city or county, or school district shall perform any or all duties necessary to implement the charter amendment, unless prohibited by law. The agreement need not be entered into before the enactment of the charter amendment described in this subdivision. +(3) A charter amendment adopted pursuant to this subdivision with an effective date on or after January 1, 2017, is valid regardless of the date the charter amendment was approved. +SEC. 3. +Section 2000 of the Elections Code, as amended by Section 1 of Chapter 728 of the Statutes of 2015, is amended to read: +2000. +(a) Every person who qualifies under Section 2 of Article II of the California Constitution and who complies with this code governing the registration of electors may vote at any election held within the territory within which he or she resides and the election is held. +(b) Except as provided in subdivision (d), a person who will be at least 18 years of age at the time of the next election is eligible to register and vote at that election. +(c) Pursuant to Section 2102, any person who is at least 16 years of age and otherwise meets all eligibility requirements to vote is eligible to preregister to vote, but is not eligible to vote until he or she is 18 years of age, except as provided in subdivision (d). +(d) Pursuant to Section 9255, the governing body of a city or city and county may amend its charter to authorize a person who will be at least 16 years of age at the time of the next election to vote in a school district governing board election in which he or she would be qualified to vote based on residence. This subdivision only applies to elections for school district governing boards that are governed by a charter pursuant to Article 1 (commencing with Section 5200) of Chapter 2 of Part 4 of Division 1 of Title 1 of the Education Code. +(1) The city or city and county shall prescribe the manner and method by which votes may be cast and counted pursuant to this subdivision, provided that all votes are cast no later than 8 p.m. on the day of the election. +(2) If a city or city and county amends its charter as described in this subdivision, it shall enter into an agreement with the county elections official providing for payment by the city, city or county, or school district of all costs necessary to implement the charter amendment. Alternatively, the agreement may provide that the city, city or county, or school district shall perform any or all duties necessary to implement the charter amendment, unless prohibited by law. The agreement need not be entered into before the enactment of the charter amendment described in this subdivision. +(3) A charter amendment adopted pursuant to this subdivision with an effective date of January 1, 2017, or later, shall be valid regardless of the date the charter amendment was approved. +SEC. 4. +Section 2101 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read: +2101. +(a) Except as provided in subdivision (b), a person entitled to register to vote shall be a United States citizen, a resident of California, not in prison or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election. +(b) If a city or city and county amends its charter to authorize a person who is at least 16 years of age at the time of the next election to vote in a school district governing board election pursuant to Section 2000, that person may register to vote for the limited purpose of voting in a school district governing board election if he or she otherwise meets the requirements set forth in subdivision (a). +SEC. 5. +Section 2101 of the Elections Code, as amended by Section 2 of Chapter 728 of the Statutes of 2015, is amended to read: +2101. +(a) Except as provided in subdivision (c), a person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election. +(b) A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age. +(c) If a city or city and county amends its charter to authorize a person who is at least 16 years of age at the time of the next election to vote in a school district governing board election pursuant to Section 2000, that person may register to vote for the limited purpose of voting in a school district governing board election if he or she otherwise meets the requirements set forth in subdivision (a). +SEC. 6. +Sections 3 and 5 shall become operative only if the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).","Existing law requires a person to be at least 18 years of age at the time of the next election, among other qualifications, to be eligible to register and vote. +Existing law provides for the amendment of a city or city and county charter, and requires a charter amendment proposed by a charter commission for a city or city and county to be submitted to the voters at an established statewide general, statewide primary, or regularly scheduled municipal election, as specified. +This bill would authorize a city or city and county to propose an amendment to its charter that would allow a person who is at least 16 years of age at the time of the next election to vote in a school district governing board election, as specified, in which he or she would be qualified to vote based on residence. The bill would, in the event that a city or city and county amends its charter as described, authorize a person who is at least 16 years of age at the time of the next election, and who is otherwise qualified, to register to vote for the limited purpose of voting in a school district governing board election. If a city or city and county amends its charter as described above, this bill would require the city or city and county to enter into an agreement, as specified, with the county elections official providing for payment by the city, city or county, or school district of all costs necessary to implement the charter amendment or, alternatively, require that the city, city or county, or school district perform any or all duties necessary to implement the charter amendment, unless prohibited by law. +The bill would further provide that a charter amendment adopted pursuant to these provisions with an effective date on or after January 1, 2017, is valid regardless of the date the charter amendment was approved. +This bill would provide that specified provisions shall become operative only if the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).","An act to amend Sections 2000 and 2101 of the Elections Code, relating to elections." +1136,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 32280 of the Education Code is amended to read: +32280. +It is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, coaches, and other persons who may be interested in the prevention of campus crime and violence and the health and safety of the campus community, to develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. For the purposes of this section, law enforcement agencies include local police departments, county sheriffs’ offices, school district police or security departments, probation departments, and district attorneys’ offices. For purposes of this section, a “safety plan” means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school campus, including sanctioned activities before and after school. +SEC. 2. +Section 32281 of the Education Code is amended to read: +32281. +(a) Each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, +inclusive. +inclusive, including sanctioned activities before and after school. +(b) (1) Except as provided in subdivision (d) with regard to a small school district, the schoolsite council established pursuant to former Section 52012, as it existed before July 1, 2005, or Section 52852 shall write and develop a comprehensive school safety plan relevant to the needs and resources of that particular school. +(2) The schoolsite council may delegate this responsibility to a school safety planning committee made up of the following members: +(A) The principal or the principal’s designee. +(B) One teacher who is a representative of the recognized certificated employee organization. +(C) One parent whose child attends the school. +(D) One classified employee who is a representative of the recognized classified employee organization. +(E) One coach of the school, if the school has a coach. +(F) Other members, if desired. +(3) The schoolsite council shall consult with a representative from a law enforcement agency in the writing and development of the comprehensive school safety plan. +(4) In the absence of a schoolsite council, the members specified in paragraph (2) shall serve as the school safety planning committee. +(c) Nothing in this article shall limit or take away the authority of school boards as guaranteed under this code. +(d) (1) Subdivision (b) shall not apply to a small school district, as defined in paragraph (2), if the small school district develops a districtwide comprehensive school safety plan that is applicable to each schoolsite. +(2) As used in this article, “small school district” means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year. +(e) (1) When a principal or his or her designee verifies through local law enforcement officials that a report has been filed of the occurrence of a violent crime on the schoolsite of an elementary or secondary school at which he or she is the principal, the principal or the principal’s designee may send to each pupil’s parent or legal guardian and each school employee a written notice of the occurrence and general nat incidents may be developed by administrators of the school district or county office of education in consultation with law enforcement officials and with a representative of an exclusive bargaining unit of employees of that school district or county office of education, if he or she chooses to participate. The school district or county office of education may elect not to disclose those portions of the comprehensive school safety plan that include tactical responses to criminal incidents. +(2) As used in this article, “tactical responses to criminal incidents” means steps taken to safeguard pupils and staff, to secure the affected school premises, and to apprehend the criminal perpetrator or perpetrators. +(3) Nothing in this subdivision precludes the governing board of a school district or county office of education from conferring in a closed session with law enforcement officials pursuant to Section 54957 of the Government Code to approve a tactical response plan developed in consultation with those officials pursuant to this subdivision. Any vote to approve the tactical response plan shall be announced in open session following the closed session. +(4) Nothing in this subdivision shall be construed to reduce or eliminate the requirements of Section 32282. +SEC. 3. +Section 32282 of the Education Code is amended to read: +32282. +(a) The comprehensive school safety plan shall include, but not be limited to, both of the following: +(1) Assessing the current status of school crime committed on school campuses and at school-related functions. +(2) Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the school’s procedures for complying with existing laws related to school safety, which shall include the development of all of the following: +(A) Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code. +(B) Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). The disaster procedures shall also include, but not be limited to, both of the following: +(i) Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following: +(I) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. +(II) A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to his or her knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once each school quarter in elementary schools and at least once a semester in secondary schools. +(III) Protective measures to be taken before, during, and following an earthquake. +(IV) A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system. +(ii) Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community. +(C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2. +(D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079. +(E) A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1. +(F) The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing “gang-related apparel,” if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define “gang-related apparel.” The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this paragraph, “gang-related apparel” shall not be considered a protected form of speech pursuant to Section 48950. +(G) Procedures for safe ingress and egress of pupils, parents, and school employees to and from school. +(H) A safe and orderly environment conducive to learning at the school. +(I) The rules and procedures on school discipline adopted pursuant to Sections 35291 and 35291.5. +(J) Any other strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school +campus, including sanctioned activities before and after school. +campus. +(b) It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed by the School/Law Enforcement Partnership Program entitled “Safe Schools: A Planning Guide for Action” in conjunction with developing their plan for school safety. +(c) Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees. +(d) The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public. +(e) As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying. +(f) The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law expresses the intent of the Legislature for all public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, to develop, in cooperation with specified community partners, a comprehensive school safety plan, as defined. +This bill would express the intent of the Legislature to include coaches among the community partners. The bill would also express the intent of the Legislature to expand the scope of the safety plan. +(2) Existing law provides that each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive. +This bill would expand the school safety plans to address sanctioned activities before and after school. To the extent this expansion would impose additional duties on school districts and county offices of education, the bill would impose a state-mandated local program. +(2) +(3) +Existing law requires the schoolsite council of each school of a school district and of a county office of education to write and develop a comprehensive school safety plan relevant to the needs and resources of that particular school, except as specified for small school districts. Existing law authorizes the schoolsite council to delegate this responsibility to a school safety planning committee made up of specified members. Existing law requires the comprehensive school safety plan to include, among other things, the identification of appropriate strategies and programs that will provide or maintain a high level of school safety and address the school’s procedures for complying with existing laws related to school safety, including the development of specified procedures and policies. +This bill would include a coach of the school, if the school has a coach, to the list of specified members to serve on a school safety planning committee. The bill would additionally require a comprehensive school safety plan to include any other strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school +campus, including sanctioned activities before and after school. +campus. +By imposing additional duties on school districts and county offices of education regarding the development of school safety plans, the bill would impose a state-mandated local program. +(3) +(4) +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 32280, 32281, and 32282 of the Education Code, relating to school safety." +1137,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares as follows: +(1) The waters of the state are of limited supply and are subject to ever-increasing demand. +(2) Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development, among other benefits. +(3) Landscape design, installation, maintenance, and management can and should be water efficient. +(4) Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and that the right does not extend to the waste or unreasonable use of water. +(5) Landscapes that are planned, designed, installed, managed, and maintained with a watershed-based approach can improve California’s environmental conditions, provide benefits, and realize sustainability goals such as the reduction in greenhouse gas emissions and recycling goals, and conserve energy. These landscapes will make the urban environment resilient in the face of climatic extremes. +(6) Creating the conditions to support life in the soil by reducing compaction, incorporating organic matter that increases water retention, and promoting productive plant growth leads to more carbon storage, oxygen production, shade, habitat, and aesthetic benefits. +(7) Energy use can be minimized by using efficient irrigation systems, reducing reliance on petroleum-based fertilizers and pesticides, and planting climate-appropriate edible plants and shade trees in urban areas. +(8) Water can be conserved by capturing and reusing rainwater and graywater wherever possible and selecting climate-appropriate plants that need minimal supplemental water after establishment. +(9) Air and water quality can be protected by using low- or zero-emissions outdoor equipment, reducing landfill disposal trips, selecting recycled and local sources of material, using compost mulch and efficient irrigation equipment, and designing landscapes to prevent erosion. +(10) Existing habitat can be protected and new habitat created by choosing local native plants and climate-adapted plants, avoiding invasive plants, and using environmentally sound integrated pest management with the least toxic methods as a first course of action. +(11) Stormwater management practices can minimize runoff and increase infiltration that recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and increase onsite rainwater retention and infiltration should be encouraged. +(b) It is the intent of the Legislature that the California Water Efficient Landscaping Program furthers and accomplishes water conservation, energy efficiency, and greenhouse gas emissions reduction and climate adaptation. +SEC. 2. +Part 2.13 (commencing with Section 10960) is added to Division 6 of the Water Code, to read: +PART 2.13. California Water Efficient Landscaping Program +10960. +(a) +The +Upon identification of a funding source, the +department shall create the California Water Efficient Landscaping Program for the purpose of encouraging local agencies and water purveyors to use economic incentives that promote the efficient use of water, promote greenhouse gas emissions reduction and sequestration, promote the benefits of consistent landscape ordinances in accordance with Article 10.8 (commencing with Section 65591) of Chapter 3 of Division 1 of Title 7 of the Government Code, and support and enhance water inefficient grass replacement. +(b) As used in this part, “water inefficient grass replacement” means +either +both +of the following improvements that substantially +increases +increase +water efficiency of outdoor landscapes: +(1) The installation of a water efficient irrigation system, including, but not limited to, the following: +(A) Low-energy, high-efficiency drip irrigation. +(B) Rain harvesting technology to prevent stormwater runoff and promote water infiltration and supplemental irrigation. +(C) Low-energy graywater infrastructure to supplement outdoor irrigation supplies. +(D) Use of water efficiency application and monitoring systems. +(2) The installation of water efficient and climate friendly landscape, including, but not limited to, the following: +(A) The use of water efficient landscape design to promote stormwater capture and water infiltration while mitigating erosion. +(B) The installation of native plant species and other drought tolerant plants. +(C) The installation of shade trees. +(D) The installation of edible plants and fruit trees. +(E) The generous use of organic soil, compost, and mulch. +(F) The lowest impact method of carbon water inefficient grass replacement such as sheet mulching. +10961. +The program created pursuant to this part shall contain the following three elements: +(a) A residential water inefficient grass replacement rebate program that provides financial incentives for the installation of water efficient landscape improvements. +(b) A jobs program. +(c) Public education for landscaping with the watershed approach in collaboration with local agencies. +10962. +The Water Efficient Landscaping Fund is hereby created in the State Treasury. Moneys in the fund are available, upon appropriation by the Legislature, to the department for the following purposes: +(a) Water inefficient grass replacement of up to two dollars ($2) per square foot. +(b) The purchase of tools, plants, soil, mulch, water efficient irrigation technologies, and materials necessary to install water-efficient landscapes and irrigation systems. +(c) Grants to local conservation corps certified by the California Conservation Corps for projects that promote the use of recycled organics, compost, and mulch, including, but not limited to, the following: +(1) Projects that protect green spaces and urban canopies in disadvantaged and low-income communities from the threat of drought, including, but not limited to, those communities identified by the California Environmental Protection Agency’s screening tool, CalEnviroScreen 2.0. +(2) Projects that include water efficient landscape improvements and projects that develop drought-resistant or rain garden plantscapes for families that qualify for the state Low-Income Home Energy Assistance Program. +(3) Projects that develop community healthy food gardens and landscapes. +(d) Administration of this part. +10963. +In creating the program pursuant to this part, the department shall consider the following: +(a) That landscapes be designed for capture and infiltration capacity that is sufficient to prevent runoff to impervious surfaces and help prevent flooding. +(b) The grading of impervious surfaces such as driveways during construction to drain to vegetated areas. +(c) That the area of impervious surfaces, including, but not limited to, paved areas, roofs, and concrete driveways, be minimized. +(d) Incorporation of pervious and porous surfaces that minimize runoff, including, but not limited to, permeable pavers or blocks, or pervious or porous concrete. +(e) Directing runoff from paved surfaces and roof areas into planting beds and landscaped areas to maximize site water capture and reuse. +(f) Incorporation of rain gardens, cisterns, and other rain harvesting or catchment systems. +(g) Incorporation of infiltration beds, swales, basins, and dry wells to capture stormwater and dry weather runoff and to increase percolation in the soil. +(h) Encouraging the use of constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants. +(i) Education as a critical component to promote the efficient use of water in landscapes. +(j) Encouraging the use of appropriate principles of design, installation, management, and maintenance that save water. +(k) Incentivizing the participation in water inefficient grass replacement programs by disadvantaged communities in drought relief areas. +(l) Prioritizing the participation in water inefficient grass replacement programs for families that qualify for the Low-Income Home Energy Assistance Program. +(m) Equity and fairness statewide in reimbursement rates for water inefficient grass replacement programs. +(n) Program design that maximizes greenhouse gas emissions reductions of the water inefficient grass replacement projects. +(o) Incentivizing installation of graywater systems that conform with the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations). +10964. +In carrying out the program pursuant to this part, the department may use the services of the California Conservation Corps or certified community conservation corps, as defined in Section 14507.5 of the Public Resources Code. +10965. +The following requirements apply to a project that receives a grant pursuant to Section 10962: +(a) The project shall use compost and mulch from recycled organic materials that maximize greenhouse gas emissions reductions. +(b) The project shall leverage local, state, and federal funds. +(c) The department shall give priority to projects that would aid community green spaces and urban canopies at the greatest risk from drought and climate impacts.","The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented. Existing law, the Water Conservation in Landscaping Act, requires the Department of Water Resources to update its model water-efficient landscape ordinance by regulation and prescribes various requirements for the updated model ordinance. Existing law requires each local agency to adopt either the updated model water-efficient landscape ordinance or an ordinance that is at least as effective in conserving water as the updated model ordinance. If the local agency does not make a selection, the model ordinance shall apply within the jurisdiction of the local agency. +This bill would require the department +, upon identification of a funding source, +to create the California Water Efficient Landscaping Program for the purpose of encouraging local agencies and water purveyors to use economic incentives that promote the efficient use of water, promote the benefits of consistent landscape ordinances, and support and enhance water inefficient grass replacement. This bill would create the Water Efficient Landscaping Fund and provide that moneys in the fund are available, upon appropriation by the Legislature, to the department for certain purposes.","An act to add Part 2.13 (commencing with Section 10960) to Division 6 of the Water Code, relating to water." +1138,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1793.2 of the Civil Code is amended to read: +1793.2. +(a) Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: +(1) (A) Maintain in this state sufficient service and repair facilities reasonably close to all areas where its consumer goods are sold to carry out the terms of those warranties or designate and authorize in this state as service and repair facilities independent repair or service facilities reasonably close to all areas where its consumer goods are sold to carry out the terms of the warranties. +(B) As a means of complying with this paragraph, a manufacturer may enter into warranty service contracts with independent service and repair facilities. The warranty service contracts may provide for a fixed schedule of rates to be charged for warranty service or warranty repair work. However, the rates fixed by those contracts shall be in conformity with the requirements of subdivision (c) of Section 1793.3. The rates established pursuant to subdivision (c) of Section 1793.3, between the manufacturer and the independent service and repair facility, do not preclude a good faith discount that is reasonably related to reduced credit and general overhead cost factors arising from the manufacturer’s payment of warranty charges direct to the independent service and repair facility. The warranty service contracts authorized by this paragraph may not be executed to cover a period of time in excess of one year, and may be renewed only by a separate, new contract or letter of agreement between the manufacturer and the independent service and repair facility. +(2) In the event of a failure to comply with paragraph (1) of this subdivision, be subject to Section 1793.5. +(3) Make available to authorized service and repair facilities sufficient service literature and replacement parts to effect repairs during the express warranty period. +(b) Where those service and repair facilities are maintained in this state and service or repair of the goods is necessary because they do not conform with the applicable express warranties, service and repair shall be commenced within a reasonable time by the manufacturer or its representative in this state. Unless the buyer agrees in writing to the contrary, the goods shall be serviced or repaired so as to conform to the applicable warranties within 30 days. Delay caused by conditions beyond the control of the manufacturer or its representatives shall serve to extend this 30-day requirement. Where delay arises, conforming goods shall be tendered as soon as possible following termination of the condition giving rise to the delay. +(c) The buyer shall deliver nonconforming goods to the manufacturer’s service and repair facility within this state, unless, due to reasons of size and weight, or method of attachment, or method of installation, or nature of the nonconformity, delivery cannot reasonably be accomplished. If the buyer cannot return the nonconforming goods for any of these reasons, he or she shall notify the manufacturer or its nearest service and repair facility within the state. Written notice of nonconformity to the manufacturer or its service and repair facility shall constitute return of the goods for purposes of this section. Upon receipt of that notice of nonconformity, the manufacturer shall, at its option, service or repair the goods at the buyer’s residence, or pick up the goods for service and repair, or arrange for transporting the goods to its service and repair facility. All reasonable costs of transporting the goods when a buyer cannot return them for any of the above reasons shall be at the manufacturer’s expense. The reasonable costs of transporting nonconforming goods after delivery to the service and repair facility until return of the goods to the buyer shall be at the manufacturer’s expense. +(d) (1) Except as provided in paragraph (2), if the manufacturer or its representative in this state does not service or repair the goods to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either replace the goods or reimburse the buyer in an amount equal to the purchase price paid by the buyer, less that amount directly attributable to use by the buyer prior to the discovery of the nonconformity. +(2) If the manufacturer or its representative in this state is unable to service or repair a new motor vehicle, as that term is defined in paragraph (2) of subdivision (e) of Section 1793.22, to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either promptly replace the new motor vehicle in accordance with subparagraph (A) or promptly make restitution to the buyer in accordance with subparagraph (B). However, the buyer shall be free to elect restitution in lieu of replacement, and in no event shall the buyer be required by the manufacturer to accept a replacement vehicle. +(A) In the case of replacement, the manufacturer shall replace the buyer’s vehicle with a new motor vehicle substantially identical to the vehicle replaced. The replacement vehicle shall be accompanied by all express and implied warranties that normally accompany new motor vehicles of that specific kind. The manufacturer also shall pay for, or to, the buyer the amount of any sales or use tax, license fees, registration fees, and other official fees which the buyer is obligated to pay in connection with the replacement, plus any incidental damages to which the buyer is entitled under Section 1794, including, but not limited to, +the lesser of +reasonable repair, towing, and rental car costs +and those costs +actually incurred by the buyer. +(B) In the case of restitution, the manufacturer shall make restitution in an amount equal to the actual price paid or payable by the buyer, including any charges for transportation and manufacturer-installed options, but excluding nonmanufacturer items installed by a dealer or the buyer, and including any collateral charges such as sales or use tax, license fees, registration fees, and other official fees, plus any incidental damages to which the buyer is entitled under Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer. +(C) When the manufacturer replaces the new motor vehicle pursuant to subparagraph (A), the buyer shall only be liable to pay the manufacturer an amount directly attributable to use by the buyer of the replaced vehicle prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. When restitution is made pursuant to subparagraph (B), the amount to be paid by the manufacturer to the buyer may be reduced by the manufacturer by that amount directly attributable to use by the buyer prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. The amount directly attributable to use by the buyer shall be determined by multiplying the actual price of the new motor vehicle paid or payable by the buyer, including any charges for transportation and manufacturer-installed options, by a fraction having as its denominator 120,000 and having as its numerator the number of miles traveled by the new motor vehicle prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. Nothing in this paragraph shall in any way limit the rights or remedies available to the buyer under any other law. +(D) Pursuant to Section 1795.4, a buyer of a new motor vehicle shall also include a lessee of a new motor vehicle. +(e) (1) If the goods cannot practicably be serviced or repaired by the manufacturer or its representative to conform to the applicable express warranties because of the method of installation or because the goods have become so affixed to real property as to become a part thereof, the manufacturer shall either replace and install the goods or reimburse the buyer in an amount equal to the purchase price paid by the buyer, including installation costs, less that amount directly attributable to use by the buyer prior to the discovery of the nonconformity. +(2) With respect to claims arising out of deficiencies in the construction of a new residential dwelling, paragraph (1) shall not apply to either of the following: +(A) A product that is not a manufactured product, as defined in subdivision (g) of Section 896. +(B) A claim against a person or entity that is not the manufacturer that originally made the express warranty for that manufactured product. +SECTION 1. +Section 1793.22 of the +Civil Code +is amended to read: +1793.22. +(a)This section shall be known, and may be cited as, the Tanner Consumer Protection Act. +(b)It shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following conditions occur: +(1)The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the nonconformity. +(2)The same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the nonconformity. +(3)The vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer. The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer or its agents. The buyer shall be required to directly notify the manufacturer pursuant to paragraphs (1) and (2) only if the manufacturer has clearly and conspicuously disclosed to the buyer, with the warranty or the owner’s manual, the provisions of this section and that of subdivision (d) of Section 1793.2, including the requirement that the buyer must notify the manufacturer directly pursuant to paragraphs (1) and (2). The notification, if required, shall be sent to the address, if any, specified clearly and conspicuously by the manufacturer in the warranty or owner’s manual. This presumption shall be a rebuttable presumption affecting the burden of proof, and it may be asserted by the buyer in any civil action, including an action in small claims court, or other formal or informal proceeding. +(c)If a qualified third-party dispute resolution process exists, and the buyer receives timely notification in writing of the availability of that qualified third-party dispute resolution process with a description of its operation and effect, the presumption in subdivision (b) may not be asserted by the buyer until after the buyer has initially resorted to the qualified third-party dispute resolution process as required in subdivision (d). Notification of the availability of the qualified third-party dispute resolution process is not timely if the buyer suffers any prejudice resulting from any delay in giving the notification. If a qualified third-party dispute resolution process does not exist, or if the buyer is dissatisfied with that third-party decision, or if the manufacturer or its agent neglects to promptly fulfill the terms of the qualified third-party dispute resolution process decision after the decision is accepted by the buyer, the buyer may assert the presumption provided in subdivision (b) in an action to enforce the buyer’s rights under subdivision (d) of Section 1793.2. The findings and decision of a qualified third-party dispute resolution process shall be admissible in evidence in the action without further foundation. Any period of limitation of actions under any federal or California laws with respect to any person shall be extended for a period equal to the number of days between the date a complaint is filed with a third-party dispute resolution process and the date of its decision or the date before which the manufacturer or its agent is required by the decision to fulfill its terms if the decision is accepted by the buyer, whichever occurs later. +(d)A qualified third-party dispute resolution process shall be one that does all of the following: +(1)Complies with the minimum requirements of the Federal Trade Commission for informal dispute settlement procedures as set forth in Part 703 of Title 16 of the Code of Federal Regulations, as those regulations read on January 1, 1987. +(2)Renders decisions which are binding on the manufacturer if the buyer elects to accept the decision. +(3)Prescribes a reasonable time, not to exceed 30 days after the decision is accepted by the buyer, within which the manufacturer or its agent must fulfill the terms of its decisions. +(4)Provides arbitrators who are assigned to decide disputes with copies of, and instruction in, the provisions of the Federal Trade Commission’s regulations in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, and this chapter. +(5)Requires the manufacturer, when the process orders, under the terms of this chapter, either that the nonconforming motor vehicle be replaced if the buyer consents to this remedy or that restitution be made to the buyer, to replace the motor vehicle or make restitution in accordance with paragraph (2) of subdivision (d) of Section 1793.2. +(6)Provides, at the request of the arbitrator or a majority of the arbitration panel, for an inspection and written report on the condition of a nonconforming motor vehicle, at no cost to the buyer, by an automobile expert who is independent of the manufacturer. +(7)Takes into account, in rendering decisions, all legal and equitable factors, including, but not limited to, the written warranty, the rights and remedies conferred in regulations of the Federal Trade Commission contained in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, this chapter, and any other equitable considerations appropriate in the circumstances. Nothing in this chapter requires that, to be certified as a qualified third-party dispute resolution process pursuant to this section, decisions of the process must consider or provide remedies in the form of awards of punitive damages or multiple damages, under subdivision (c) of Section 1794, or of attorneys’ fees under subdivision (d) of Section 1794, or of consequential damages other than as provided in subdivisions (a) and (b) of Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer. +(8)Requires that no arbitrator deciding a dispute may be a party to the dispute and that no other person, including an employee, agent, or dealer for the manufacturer, may be allowed to participate substantively in the merits of any dispute with the arbitrator unless the buyer is allowed to participate also. Nothing in this subdivision prohibits any member of an arbitration board from deciding a dispute. +(9)Obtains and maintains certification by the Department of Consumer Affairs pursuant to Chapter 9 (commencing with Section 472) of Division 1 of the Business and Professions Code. +(e)For the purposes of subdivision (d) of Section 1793.2 and this section, the following terms have the following meanings: +(1)“Nonconformity” means a nonconformity which substantially impairs the use, value, or safety of the new motor vehicle to the buyer or lessee. +(2)“New motor vehicle” means a new motor vehicle that is bought or used primarily for personal, family, or household purposes. “New motor vehicle” also means a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state. “New motor vehicle” includes the chassis, chassis cab, and that portion of a motor home devoted to its propulsion, but does not include any portion designed, used, or maintained primarily for human habitation, a dealer-owned vehicle and a “demonstrator” or other motor vehicle sold with a manufacturer’s new car warranty but does not include a motorcycle or a motor vehicle which is not registered under the Vehicle Code because it is to be operated or used exclusively off the highways. A demonstrator is a vehicle assigned by a dealer for the purpose of demonstrating qualities and characteristics common to vehicles of the same or similar model and type. +(3)“Motor home” means a vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab, or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy. +(f)(1)Except as provided in paragraph (2), no person shall sell, either at wholesale or retail, lease, or transfer a motor vehicle transferred by a buyer or lessee to a manufacturer pursuant to paragraph (2) of subdivision (d) of Section 1793.2 or a similar statute of any other state, unless the nature of the nonconformity experienced by the original buyer or lessee is clearly and conspicuously disclosed to the prospective buyer, lessee, or transferee, the nonconformity is corrected, and the manufacturer warrants to the new buyer, lessee, or transferee in writing for a period of one year that the motor vehicle is free of that nonconformity. +(2)Except for the requirement that the nature of the nonconformity be disclosed to the transferee, paragraph (1) does not apply to the transfer of a motor vehicle to an educational institution if the purpose of the transfer is to make the motor vehicle available for use in automotive repair courses.","Existing law requires a manufacturer of consumer goods sold in this state for which the manufacturer has made an express warranty to maintain sufficient service and repair facilities reasonably close where its goods are sold to carry out the terms of those warranties or to designate and authorize independent repair or service facilities to fulfill this purpose. Existing law requires a manufacturer that is unable to service or repair a new motor vehicle to conform to the express warranties after a reasonable number of attempts to replace the vehicle or promptly make restitution. Existing law requires a manufacturer, in the case of a replacement, to also pay other specified costs, including reasonable repair, towing, and rental car costs actually incurred by the buyer. +This bill, in the case of a new motor vehicle replacement as described above, would require the manufacturer to pay the lesser of reasonable repair, towing, and rental car costs and those costs actually incurred by the buyer. +Existing law, the Tanner Consumer Protection Act, establishes a presumption that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery or 18,000 miles on the odometer, whichever occurs first, one or more conditions occur. +This bill would make nonsubstantive changes to these provisions.","An act to amend Section +1793.22 +1793.2 +of the Civil Code, relating to consumer protection." +1139,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 226 of the Labor Code is amended to read: +226. +(a) An employer, semimonthly or at the time of each payment of wages, shall furnish to his or her employee, either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately if wages are paid by personal check or cash, an accurate itemized statement in writing showing (1) gross wages earned, (2) total hours worked by the employee, except as provided in subdivision (j), (3) the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis, (4) all deductions, provided that all deductions made on written orders of the employee may be aggregated and shown as one item, (5) net wages earned, (6) the inclusive dates of the period for which the employee is paid, (7) the name of the employee and only the last four digits of his or her social security number or an employee identification number other than a social security number, (8) the name and address of the legal entity that is the employer and, if the employer is a farm labor contractor, as defined in subdivision (b) of Section 1682, the name and address of the legal entity that secured the services of the employer, and (9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee and, beginning July 1, 2013, if the employer is a temporary services employer as defined in Section 201.3, the rate of pay and the total hours worked for each temporary services assignment. The deductions made from payment of wages shall be recorded in ink or other indelible form, properly dated, showing the month, day, and year, and a copy of the statement and the record of the deductions shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California. For purposes of this subdivision, “copy” includes a duplicate of the itemized statement provided to an employee or a computer-generated record that accurately shows all of the information required by this subdivision. +(b) An employer that is required by this code or any regulation adopted pursuant to this code to keep the information required by subdivision (a) shall afford current and former employees the right to inspect or copy records pertaining to their employment, upon reasonable request to the employer. The employer may take reasonable steps to ensure the identity of a current or former employee. If the employer provides copies of the records, the actual cost of reproduction may be charged to the current or former employee. +(c) An employer who receives a written or oral request to inspect or copy records pursuant to subdivision (b) pertaining to a current or former employee shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request. A violation of this subdivision is an infraction. Impossibility of performance, not caused by or a result of a violation of law, shall be an affirmative defense for an employer in any action alleging a violation of this subdivision. An employer may designate the person to whom a request under this subdivision will be made. +(d) This section does not apply to any employer of any person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant. +(e) (1) An employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a) is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period, not to exceed an aggregate penalty of four thousand dollars ($4,000), and is entitled to an award of costs and reasonable attorney’s fees. +(2) (A) An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to provide a wage statement. +(B) An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to provide accurate and complete information as required by any one or more of items (1) to (9), inclusive, of subdivision (a) and the employee cannot promptly and easily determine from the wage statement alone one or more of the following: +(i) The amount of the gross wages or net wages paid to the employee during the pay period or any of the other information required to be provided on the itemized wage statement pursuant to items (2) to (4), inclusive, (6), and (9) of subdivision (a). +(ii) Which deductions the employer made from gross wages to determine the net wages paid to the employee during the pay period. Nothing in this subdivision alters the ability of the employer to aggregate deductions consistent with the requirements of item (4) of subdivision (a). +(iii) The name and address of the employer and, if the employer is a farm labor contractor, as defined in subdivision (b) of Section 1682, the name and address of the legal entity that secured the services of the employer during the pay period. +(iv) The name of the employee and only the last four digits of his or her social security number or an employee identification number other than a social security number. +(C) For purposes of this paragraph, “promptly and easily determine” means a reasonable person would be able to readily ascertain the information without reference to other documents or information. +(3) For purposes of this subdivision, a “knowing and intentional failure” does not include an isolated and unintentional payroll error due to a clerical or inadvertent mistake. In reviewing for compliance with this section, the factfinder may consider as a relevant factor whether the employer, prior to an alleged violation, has adopted and is in compliance with a set of policies, procedures, and practices that fully comply with this section. +(f) A failure by an employer to permit a current or former employee to inspect or copy records within the time set forth in subdivision (c) entitles the current or former employee or the Labor Commissioner to recover a seven-hundred-fifty-dollar ($750) penalty from the employer. +(g) The listing by an employer of the name and address of the legal entity that secured the services of the employer in the itemized statement required by subdivision (a) shall not create any liability on the part of that legal entity. +(h) An employee may also bring an action for injunctive relief to ensure compliance with this section, and is entitled to an award of costs and reasonable attorney’s fees. +(i) This section does not apply to the state, to any city, county, city and county, district, or to any other governmental entity, except that if the state or a city, county, city and county, district, or other governmental entity furnishes its employees with a check, draft, or voucher paying the employee’s wages, the state or a city, county, city and county, district, or other governmental entity shall use no more than the last four digits of the employee’s social security number or shall use an employee identification number other than the social security number on the itemized statement provided with the check, draft, or voucher. +(j) An itemized wage statement furnished by an employer pursuant to subdivision (a) shall not be required to show total hours worked by the employee if any of the following apply: +(1) The employee’s compensation is solely based on salary and the employee is exempt from payment of overtime under subdivision (a) of Section 515 or any applicable order of the Industrial Welfare Commission. +(2) The employee is exempt from the payment of minimum wage and overtime under any of the following: +(A) The exemption for persons employed in an executive, administrative, or professional capacity provided in any applicable order of the Industrial Welfare Commission. +(B) The exemption for outside salespersons provided in any applicable order of the Industrial Welfare Commission. +(C) The overtime exemption for computer software professionals paid on a salaried basis provided in Section 515.5. +(D) The exemption for individuals who are the parent, spouse, child, or legally adopted child of the employer provided in any applicable order of the Industrial Welfare Commission. +(E) The exemption for participants, director, and staff of a live-in alternative to incarceration rehabilitation program with special focus on substance abusers provided in Section 8002 of the Penal Code. +(F) The exemption for any crew member employed on a commercial passenger fishing boat licensed pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code provided in any applicable order of the Industrial Welfare Commission. +(G) The exemption for any individual participating in a national service program provided in any applicable order of the Industrial Welfare Commission.","Existing law requires an employer to provide his or her employee an accurate itemized statement in writing containing specified information, either semimonthly or at the time the employer pays the employee his or her wages. That specified information includes showing total hours worked by the employee, unless the employee’s compensation is solely based on a salary and the employee is exempt from payment of overtime under a specified statute or any applicable order of the Industrial Welfare Commission. +This bill would additionally exempt from that requirement for information on total work hours an employee exempt from payment of minimum wage and overtime under specified statutes or any applicable order of the Industrial Welfare Commission.","An act to amend Section 226 of the Labor Code, relating to wages." +1140,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 48204 of the Education Code, as amended by Section 1.5 of Chapter 554 of the Statutes of 2015, is amended to read: +48204. +(a) Notwithstanding Section 48200, a pupil complies with the residency requirements for school attendance in a school district, if he or she is any of the following: +(1) (A) A pupil placed within the boundaries of that school district in a regularly established licensed children’s institution, or a licensed foster home, or a family home pursuant to a commitment or placement under Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code. +(B) An agency placing a pupil in a home or institution described in subparagraph (A) shall provide evidence to the school that the placement or commitment is pursuant to law. +(2) A pupil who is a foster child who remains in his or her school of origin pursuant to subdivisions (f) and (g) of Section 48853.5. +(3) A pupil for whom interdistrict attendance has been approved pursuant to Chapter 5 (commencing with Section 46600) of Part 26. +(4) A pupil whose residence is located within the boundaries of that school district and whose parent or legal guardian is relieved of responsibility, control, and authority through emancipation. +(5) A pupil who lives in the home of a caregiving adult that is located within the boundaries of that school district. Execution of an affidavit under penalty of perjury pursuant to Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code by the caregiving adult is a sufficient basis for a determination that the pupil lives in the home of the caregiver, unless the school district determines from actual facts that the pupil is not living in the home of the caregiver. +(6) A pupil residing in a state hospital located within the boundaries of that school district. +(7) A pupil whose parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the pupil at the place of his or her employment within the boundaries of the school district for a minimum of three days during the school week. +(b) (1) A school district may deem a pupil to have complied with the residency requirements for school attendance in the school district if at least one parent or the legal guardian of the pupil is physically employed within the boundaries of that school district for a minimum of 10 hours during the school week. +(2) This subdivision does not require the school district within which at least one parent or the legal guardian of a pupil is employed to admit the pupil to its schools. A school district shall not, however, refuse to admit a pupil under this subdivision on the basis, except as expressly provided in this subdivision, of race, ethnicity, sex, parental income, scholastic achievement, or any other arbitrary consideration. +(3) The school district in which the residency of either the parents or the legal guardian of the pupil is established, or the school district to which the pupil is to be transferred under this subdivision, may prohibit the transfer of the pupil under this subdivision if the governing board of the school district determines that the transfer would negatively impact the court-ordered or voluntary desegregation plan of the school district. +(4) The school district to which the pupil is to be transferred under this subdivision may prohibit the transfer of the pupil if the school district determines that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. +(5) The governing board of a school district that prohibits the transfer of a pupil pursuant to paragraph (2), (3), or (4) is encouraged to identify, and communicate in writing to the parents or the legal guardian of the pupil, the specific reasons for that determination and is encouraged to ensure that the determination, and the specific reasons for the determination, are accurately recorded in the minutes of the board meeting in which the determination was made. +(6) The average daily attendance for pupils admitted pursuant to this subdivision is calculated pursuant to Section 46607. +(7) Unless approved by the sending school district, this subdivision does not authorize a net transfer of pupils out of a school district, calculated as the difference between the number of pupils exiting the school district and the number of pupils entering the school district, in a fiscal year in excess of the following amounts: +(A) For a school district with an average daily attendance for that fiscal year of less than 501, 5 percent of the average daily attendance of the school district. +(B) For a school district with an average daily attendance for that fiscal year of 501 or more, but less than 2,501, 3 percent of the average daily attendance of the school district or 25 pupils, whichever amount is greater. +(C) For a school district with an average daily attendance of 2,501 or more, 1 percent of the average daily attendance of the school district or 75 pupils, whichever amount is greater. +(8) Once a pupil is deemed to have complied with the residency requirements for school attendance pursuant to this subdivision and is enrolled in a school in a school district the boundaries of which include the location where at least one parent or the legal guardian of a pupil is physically employed, the pupil does not have to reapply in the next school year to attend a school within that school district and the governing board of the school district shall allow the pupil to attend school through grade 12 in that school district if the parent or legal guardian so chooses and if at least one parent or the legal guardian of the pupil continues to be physically employed by an employer situated within the attendance boundaries of the school district, subject to paragraphs (2) to (7), inclusive. +SEC. 2. +Section 48204 of the Education Code, as amended by Section 2.5 of Chapter 554 of the Statutes of 2015, is repealed.","Existing law provides that a pupil is deemed to have complied with the residency requirements for school attendance in a school district if the pupil satisfies one of the specified requirements. Until July 1, 2017, existing law authorizes a school district within the boundaries of which at least one parent or the legal guardian of a pupil is physically employed for a minimum of 10 hours during the school week to allow that pupil to attend a school in that school district through grade 12 if the parent or legal guardian of the pupil so chooses and if the parent or legal guardian of the pupil continues to be physically employed by an employer situated within the attendance boundaries of the school district. +This bill would indefinitely extend the operation of the provision authorizing the school district within the boundaries of which a parent or legal guardian of a pupil is physically employed for a minimum of 10 hours during the school week to allow that pupil to attend a school in that school district.","An act to amend and repeal Section 48204 of the Education Code, relating to pupils." +1141,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited +, as +the Access to Angel Investors Act. +SEC. 2. +It is the intent of the Legislature that this act +improve access to capital. +SECTION 1. +SEC. 3. +Section 17941 of the Revenue and Taxation Code is amended to read: +17941. +(a) For each taxable year beginning on or after January 1, 1997, a limited liability company doing business in this state, as defined in Section 23101, shall pay annually to this state a tax for the privilege of doing business in this state in an amount equal to the applicable amount specified in paragraph (1) of subdivision (d) of Section 23153 for the taxable year. +(b) (1) In addition to any limited liability company that is doing business in this state and is therefore subject to the tax imposed by subdivision (a), for each taxable year beginning on or after January 1, 1997, a limited liability company shall pay annually the tax prescribed in subdivision (a) if articles of organization have been accepted, or a certificate of registration has been issued, by the office of the Secretary of State. The tax shall be paid for each taxable year, or part thereof, until a certificate of cancellation of registration or of articles of organization is filed on behalf of the limited liability company with the office of the Secretary of State. +(2) If a taxpayer files a return with the Franchise Tax Board that is designated as its final return, the Franchise Tax Board shall notify the taxpayer that the annual tax shall continue to be due annually until a certificate of dissolution is filed with the Secretary of State pursuant to Section 17707.08 of the Corporations Code or a certificate of cancellation is filed with the Secretary of State pursuant to Section 17708.06 of the Corporations Code. +(c) The tax assessed under this section shall be due and payable on or before the 15th day of the fourth month of the taxable year. +(d) (1) Except as provided in paragraph (2), for purposes of this section, a “limited liability company” means an organization that is formed by one or more persons under the law of this state, any other country, or any other state, as a “limited liability company” and that is not taxable as a corporation for California tax purposes. +(2) Notwithstanding subdivisions (a) and (b), a limited liability company is not subject to the tax imposed under this section if either of the following applies: +(A) The limited liability company is exempt from the tax and fees imposed under this chapter pursuant to Section 23701h or 23701x. +(B) (i) +The +For each taxable year beginning before January 1, 2020, the +limited liability company is a qualified investment partnership. +(ii) For purposes of this subparagraph, a “qualified investment partnership” means a limited liability company that meets all of the following requirements: +(I) It is classified as a partnership for California income tax purposes. +(II) No less than 90 percent of the costs of its total assets consist of qualifying investment securities, deposits at banks or other financial institutions, interest or investments in a partnership, or office space and equipment reasonably necessary to carry on its activities as a qualified investment partnership. +(III) No less than 90 percent of its gross income consists of interest, dividends, and gains from the sale or exchange of qualifying investment securities or investments in a partnership. +(iii) For purposes of this subparagraph, “qualifying investment securities” has the same meaning as that term is described in subparagraph (A) of paragraph (3) of subdivision (c) of Section 17955. +(iv) Notwithstanding Section 18633.5, the following rules shall apply with respect to the filing requirements of a qualified investment partnership. +(I) A qualified investment partnership required to file a federal return pursuant to Section 6031 of the Internal Revenue Code, relating to return of partnership income, shall file a partnership return pursuant to Section 18633 for that taxable year. +(II) A qualified investment partnership that is not required to file a federal return pursuant to Section 6031 of the Internal Revenue Code, relating to return of partnership income, shall file an information return as prescribed by the Franchise Tax Board for that taxable year. +(e) Notwithstanding anything in this section to the contrary, if the office of the Secretary of State files a certificate of cancellation pursuant to Section 17707.02 of the Corporations Code for any limited liability company, then paragraph (1) of subdivision (f) of Section 23153 shall apply to that limited liability company as if the limited liability company were properly treated as a corporation for that limited purpose only, and paragraph (2) of subdivision (f) of Section 23153 shall not apply. Nothing in this subdivision entitles a limited liability company to receive a reimbursement for any annual taxes or fees already paid. +(f) (1) Notwithstanding any provision of this section to the contrary, a limited liability company that is a small business solely owned by a deployed member of the United States Armed Forces shall not be subject to the tax imposed under this section for any taxable year the owner is deployed and the limited liability company operates at a loss or ceases operation. +(2) The Franchise Tax Board may promulgate regulations as necessary or appropriate to carry out the purposes of this subdivision, including a definition for “ceases operation.” +(3) For the purposes of this subdivision, all of the following definitions apply: +(A) “Deployed” means being called to active duty or active service during a period when a Presidential Executive order specifies that the United States is engaged in combat or homeland defense. “Deployed” does not include either of the following: +(i) Temporary duty for the sole purpose of training or processing. +(ii) A permanent change of station. +(B) “Operates at a loss” means a limited liability company’s expenses exceed its receipts. +(C) “Small business” means a limited liability company with total income from all sources derived from, or attributable to, the state of two hundred fifty thousand dollars ($250,000) or less. +(4) This subdivision shall become inoperative for taxable years beginning on or after January 1, 2018. +SEC. 2. +SEC. 4. +This act provides for a tax levy within the meaning of Article IV of the +California +Constitution and shall go into immediate effect.","Existing law imposes a minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business, as defined, in this state, and an annual tax in an amount equal to the minimum franchise tax on every limited liability company registered, qualified to transact business, or doing business in this state, as specified. Existing law requires every limited liability company subject to that annual tax to pay annually to this state a fee equal to specified amounts based upon total income from all sources attributable to this state. Existing law requires every partnership to file a return that includes specified information, verified by a written declaration made under the penalty of perjury and signed by one of the partners, within a specified time period. +This +bill +bill, for each taxable year beginning before January 1, 2020, +would exempt a limited liability company that is a qualified investment partnership, as defined, from that annual tax and fee by excluding it from the definition of a limited liability company. The bill would require that entity to submit a return under the conditions applicable to a partnership. +This bill would take effect immediately as a tax levy.","An act to amend Section 17941 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +1142,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 3 (commencing with Section 52053) is added to Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code, to read: +Article 3. Statewide Accountability System +52053. +(a) (1) It is the intent of the Legislature and purpose of this article to do all of the following: +(A) Establish a coherent, aligned local-state-federal accountability system that addresses state, local, parent, community, and public needs, as well as federal requirements. +(B) Ensure ambitious, statewide standards for performance and expectations for improvement that encourage continuous improvement and the closure of opportunity and achievement gaps. +(C) Establish a mechanism using multiple measures that meaningfully differentiates the performance of schools and identifies schools and local educational agencies in need of technical assistance, support, and intervention. +(2) It is further the intent of the Legislature that the accountability system continues to support and advance the framework established by the local control funding formula and California’s emphasis on continuous improvement, technical assistance, and support. +(b) For purposes of a statewide accountability system and to ensure alignment and fidelity with the state priorities established pursuant to Sections 52060 and 52066 and with federal law, the state board shall adopt a statewide accountability system that meets all of the following requirements: +(1) Is a single, integrated system that aligns local, state, and federal accountability requirements. +(2) Satisfies the accountability system requirements of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.), as amended by the Every Student Succeeds Act (Public Law 114-95). +(3) Aligns California’s local control framework, which is focused on identifying and supporting local educational agencies with the additional need to identify, support, and improve California’s highest need schools. In doing so, the state board shall do all of the following: +(A) Set clear, ambitious, statewide standards for performance and expectations for improvement toward each of the key indicators described in paragraph (4) for pupils overall and for each numerically significant subgroup, as identified in Section 52052. To comply with federal law, these improvement standards shall be differentiated by subgroup so that subgroups that start off at lower performance levels make greater growth to achieve the statewide standards. +(B) Establish a mechanism to meaningfully differentiate the performance of all public schools, to identify local educational agencies for purposes of Sections 52071, 52071.5, 52072, and 52072.5 on an annual basis based on outcomes for all pupils and for each subgroup of pupils using the multiple measures identified in paragraph (4), and to do all of the following: +(i) Distinguish multiple levels of performance for purposes of continuous improvement, transparency, meaningful stakeholder engagement, recognition, and support, including the identification of the following: +(I) Not less than the lowest-performing 5 percent of all schools receiving federal Title I funds and all public high schools in the state failing to graduate one-third or more of their pupils. +(II) All schools in which any subgroup of pupils is consistently underperforming, as determined by the state board, based on all of the indicators identified in paragraph (4) and the system established pursuant this section. +(III) All schools where any one subgroup of pupils, on its own, would lead that school to be in the lowest 5 percent of schools for pupils overall. +(ii) Support parents and guardians in making informed school decisions on behalf of their children. +(iii) Enable school districts, county offices of education, the department, and the California Collaborative for Educational Excellence to identify schools for recognition, support, and assistance and ensure that support and assistance is provided to at least those schools identified pursuant to clause (i). +(C) Comply with all notification, stakeholder engagement, school support, and improvement activities required by Section 1111(d) of the federal Every Student Succeeds Act (Public Law 114-95), and, to the extent required by state and federal law, ensure notifications of stakeholder engagement, school support, and improvement activities are translated in the top five languages as identified by the department. +(4) (A) Relies upon data from key indicators established pursuant to the evaluation rubrics adopted by the state board pursuant to Section 52064.5. At a minimum, for purposes of paragraph (3), those key indicators shall include, if not already included by the state board pursuant to Section 52064.5, all of the following: +(i) For elementary and middle schools: +(I) A measure of pupil achievement in at least English language arts, mathematics, and science. +(II) A measure of academic growth. +(III) A measure of progress toward English proficiency, including, but not limited to, data on the reclassification rates of English learners and long-term English learners when available. +(IV) A measure of chronic absenteeism. +(V) A measure of school climate. +(ii) For high schools: +(I) A measure of pupil achievement in at least English language arts, mathematics, and science. +(II) A measure of graduation rates. +(III) A measure of progress toward English proficiency, including, but not limited to, data on the reclassification rates of English learners and long-term English learners when available. +(IV) A measure of college and career readiness. +(V) A measure of chronic absenteeism. +(VI) A measure of school climate. +(B) This paragraph shall not be construed as to preclude the state board from including additional statewide measures that can be disaggregated by subgroup in the accountability system for purposes of meaningful differentiation of all schools or from grouping the measures into common clusters. Furthermore, it is the intent of the Legislature that the state will continue to use the evaluation rubrics established pursuant to Section 52064.5 and all indicators identified as state priorities established pursuant to Sections 52060 and 52066 and the subgroups identified pursuant to Section 52052 for purposes of continuous improvement and to guide the provision of technical assistance, support, and intervention. +(C) In order to comply with federal law, the academic indicators specified in subclauses (I) to (III), inclusive, of clauses (i) and (ii) of subparagraph (A) shall receive substantial weight and, in aggregate, much greater weight than is afforded to all other indicators. +(D) For purposes of paragraph (3), performance of subgroups shall receive substantial weight. +(5) Provides the California Collaborative for Educational Excellence established pursuant to Section 52074, county superintendents of schools, and the public with data to be used in a multitiered system of review and assistance. Notwithstanding the key indicators used for purposes of paragraph (3), in identifying appropriate assistance for a school or local educational agency, the California Collaborative for Educational Excellence and the county superintendents of schools shall analyze data aligned with all the state priorities established pursuant to Sections 52060 and 52066 in order to align the level of support, collaboration, and intervention to the needs of the local educational agency or individual school or schools. +(6) Ensures the creation of a data and reporting system that provides meaningful and accessible information on school and school district performance that is displayed through an electronic platform. Parents and the public shall have the ability to easily access, compare, analyze, and summarize school reports, pupil performance results, and the progress made by schools and school districts in reaching all of the state’s priority areas for purposes of local control and accountability plans and the local control funding formula. It is the intent of the Legislature to ensure that any Web-based data and analysis tools should enable all stakeholders to readily identify strengths and weaknesses, identify inequities between schools and subgroups of pupils across multiple measures, monitor academic achievement and improvement, provide for meaningful differentiation, as required by Section 1111(c)(4)(C) of the federal Every Student Succeeds Act (Public Law 114-95), and enable users to download data and reports in machine-readable formats. It is further the intent of the Legislature to ensure that, to the extent required by state and federal law, the information on school, school district, and subgroup performance be made available in the top five languages as identified by the department. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law required, on or before July 1, 2014, the governing boards of school districts and county boards of education to adopt a local control and accountability plan using a state template adopted by the State Board of Education. Existing law requires the local control and accountability plan to include, among other things, a description of annual goals for all pupils and specified subgroups of pupils to be achieved for each state priority, as specified, and a description of the specific actions the school district or county superintendent of schools will take to achieve those goals. Existing law requires the charter petition for a charter school to include those same elements. Existing law provides that an adopted local control and accountability plan is effective for 3 years and shall be updated annually on or before July 1. Existing law requires the state board, on or before October 1, 2016, to adopt evaluation rubrics to, among other things, assist a school district, county office of education, or charter school in evaluating its strengths, weaknesses, and areas that require improvement. Existing law establishes the California Collaborative for Educational Excellence for purposes of advising and assisting school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan. +This bill would, for purposes of a statewide accountability system and to ensure alignment and fidelity with the state priorities and federal law, require the state board to adopt a statewide accountability system that, among other things, is a single integrated system that aligns local, state, and federal accountability requirements. In identifying appropriate assistance for a school or local educational agency, the bill would require the California Collaborative for Educational Excellence and county superintendents of schools to analyze data aligned with all the state priorities in order to align the level of support, collaboration, and intervention to the needs of the local educational agency or individual school or schools. By imposing additional duties on county superintendents of schools, and to the extent this bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program. +(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Article 3 (commencing with Section 52053) to Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code, relating to school accountability." +1143,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 60.6 (commencing with Section 20928) is added to Chapter 1 of Part 3 of Division 2 of the Public Contract Code, to read: +Article 60.6. Surface Storage Projects +20928. +The Legislature finds and declares that alternative project delivery, using the best value procurement methodology, has been authorized for various agencies that have reported benefits from those projects, including reduced project costs, expedited project start and completion, simplified project controls and accountability, and design features that are not achievable through the traditional design-bid-build method. +20928.1. +(a) A surface storage project identified in the CALFED Bay-Delta Program Record of Decision, dated August 28, 2000, that receives funding pursuant to Division 26.7 (commencing with Section 79700) of the Water Code may use, in addition to any other methods of project delivery otherwise allowable by irrigation districts, county water districts, or other similar water districts by law, the following methods of project delivery: +(1) Construction manager at-risk. +(2) Design-Build, including conventional, progressive, and target price. +(3) Design-build-operate. +(b) The contract shall be awarded on a best value basis or to the lowest responsible bidder. +20928.2. +The procurement process for the project shall progress as follows: +(a) The local agency shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or building layouts, or any other information deemed necessary to describe adequately the local agency’s needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California. +(b) The local agency shall prepare and issue a request for qualifications in order to prequalify or short-list the entities, including subcontractors and suppliers, whose bids shall be evaluated for final selection. The request for qualifications shall include, but need not be limited to, the following elements: +(1) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the local agency to evaluate bids, the procedure for final selection of the bidder, and any other information deemed necessary by the local agency to inform interested parties of the contracting opportunity. +(2) Significant factors that the local agency reasonably expects to consider in evaluating qualifications, including technical design-related expertise, construction expertise, acceptable safety records, and all other nonprice-related factors. +(3) A standard template request for statements of qualifications prepared by the local agency. In preparing the standard template, the local agency may consult with the construction industry, the building trades and surety industry, and other local agencies interested in using the authorization provided by this article. The template shall require all of the following information: +(A) If the bidder is a privately held corporation, limited liability company, partnership, or joint venture, comprised of privately-held entities, a listing of all of the shareholders, partners, or members known at the time of statement of qualification submission who will perform work on the project. +(B) Evidence that the members of the contracting team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity and that proposed key personnel have sufficient experience and training to competently manage and complete the project, and a financial statement that ensures that the bidder has the capacity to complete the project. +(C) The licenses, registration, and credentials required for the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration. +(D) Evidence that establishes that the bidder has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance. +(E) Information concerning workers’ compensation experience history and a worker safety program. +(F) An acceptable safety record.“Safety record” means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidder’s safety record shall include, at a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period. +(4) The information required under this subdivision shall be certified under penalty of perjury by the bidder and its general partners or joint venture members. +(c) A contracting entity shall not be prequalified or short-listed unless the entity provides an enforceable commitment to the local agency that the entity and its subcontractors will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades. +(1) For purposes of this subdivision: +(A) “Apprenticeable occupation” means an occupation for which the chief had approved an apprenticeship program pursuant to Section 3075 of the Labor Code prior to January 1, 2014. +(B) “Skilled and trained workforce” means a workforce that meets all of the following conditions: +(i) All the workers are either skilled journeypersons or apprentices registered in an apprenticeship program approved by the Chief of the Division of Apprenticeship Standards. +(ii) (I) For work performed on or after January 1, 2017, at least 30 percent of the skilled journeypersons employed to perform work on the contract or project by the bidder and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. +(II) For work performed on or after January 1, 2018, at least 40 percent of the skilled journeypersons employed to perform work on the contract or project by the bidder and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. +(III) For work performed on or after January 1, 2019, at least 50 percent of the skilled journeypersons employed to perform work on the contract or project by the bidder and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. +(IV) For work performed on or after January 1, 2020, at least 60 percent of the skilled journeypersons employed to perform work on the contract or project by the bidder and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. +(iii) For an apprenticeable occupation in which no apprenticeship program had been approved by the chief prior to January 1, 1995, up to one-half of the graduation percentage requirements of clause (ii) may be satisfied by skilled journeypersons who commenced working in the apprenticeable occupation prior to the chief’s approval of an apprenticeship program for that occupation in the county in which the project is located. +(C) “Skilled journeyperson” means a worker who either: +(i) Graduated from an apprenticeship program for the applicable occupation that was approved by the chief or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. +(ii) Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief. +(2) The apprenticeship graduation percentage requirements of subparagraph (B) of paragraph (1) are satisfied if, in a particular calendar month, either of the following is true: +(A) The required percentage of the skilled journeypersons employed by the contractor or subcontractor to perform work on the contract or project meet the graduation percentage requirement. +(B) For the hours of work performed by skilled journeypersons employed by the contractor or subcontractor on the contract or project, the percentage of hours performed by skilled journeypersons who met the graduation requirement meets or exceeds the required graduation percentage. +(3) A contractor or subcontractor need not meet the apprenticeship graduation requirements of subparagraph (B) of paragraph (1) if, during the calendar month, the contractor or subcontractor employs skilled journeypersons to perform fewer than 10 hours of work on the contract or project. +(4) A subcontractor need not meet the apprenticeship graduation requirements of subparagraph (B) of paragraph (1) if both of the following requirements are met: +(A) The subcontractor was not a listed subcontractor under Section 4104 or a substitute for a listed subcontractor. +(B) The subcontract does not exceed one-half of 1 percent of the price of the prime contract. +(5) (A) A contractor, bidder, or other entity’s commitment that a skilled and trained workforce will be used to perform the project or contract shall be established by the contractor, bidder, or other entity’s agreement with the local agency that the contractor, bidder, or other entity and its subcontractors at every tier will comply with this subdivision and that the contractor, bidder, or other entity will provide the local agency with a report on a monthly basis while the project or contract is being performed, as to whether the contractor, bidder, or other entity and its subcontractors are complying with the requirements of this subdivision. +(B) If the contractor, bidder, or other entity fails to provide the monthly report required by this section, or provides a report that is incomplete, the local agency shall withhold further payments until a complete report is provided. +(C) If a monthly report does not demonstrate compliance with this chapter, the local agency shall withhold further payments until the contractor, bidder, or other entity provides a plan to achieve substantial compliance with this article, with respect to the relevant apprenticeable occupation, prior to completion of the contract or project. +(D) A monthly report provided to the public agency or other awarding body shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and shall be open to public inspection. +(6) This subdivision shall not apply if the contractor, bidder, or other entity has entered into a project labor agreement that will bind itself and all its subcontractors who perform construction work on the project, and the contractor, bidder, or other entity agrees to be bound by the project agreement. +(d) The local agency shall make the list of prequalified entities available to the public. +(e) Based on the documents prepared as described in subdivision (a), the local agency shall prepare a request for bids that invites prequalified or short-listed entities to submit competitive sealed bids in the manner prescribed by the local agency. The request for bids shall include, but need not be limited to, all of the following elements: +(1) Identification of the basic scope and needs of the project or contract, the estimated cost to perform the work being requested, the methodology that will be used by the local agency to evaluate bids, whether the contract will be awarded on the basis of best value or to the lowest responsible bidder, and any other information deemed necessary by the local agency to inform interested parties of the contracting opportunity. +(2) Significant factors that the local agency reasonably expects to consider in evaluating bids, including, but not limited to, cost or price and all nonprice-related factors. +(3) The relative importance or the weight assigned to each of the factors identified in the request for bids. +(4) If a best value selection method is used, the local agency may reserve the right to request bid revisions and hold discussions and negotiations with responsive bidders, in which case the local agency shall so specify in the request for bids and shall publish separately or incorporate into the request for bids applicable procedures to be observed by the local agency to ensure that any discussions or negotiations are conducted in good faith. +(f) For those projects utilizing low bid as the final selection method, the competitive bidding process shall, if appropriate for the delivery method, result in lump-sum bids by the prequalified or short-listed entities, and awards shall be made to the bidder that is the lowest responsible bidder. +(g) For those projects utilizing best value as a selection method, the competition shall progress as follows: +(1) Competitive bids shall be evaluated by using only the criteria and selection procedures specifically identified in the request for bids. The following minimum factors, however, shall be included, if applicable to the delivery method and weighted as deemed appropriate by the local agency: +(A) Price, unless a stipulated sum is specified and including financial and bonding capacity requirements. +(B) Technical design, procurement, and construction expertise. +(C) Proposed construction approach, sequencing, and methods. +(D) Compliance with the requirements of the owner-provided performance specification. +(E) Ability to meet the milestone schedule dates and, if applicable, any liquidated damages. +(F) Ability to meet the quality requirements. +(G) Proposed risk allocation and sharing. +(H) Safety record. +(I) Warranty. +(J) Life-cycle costs over 15 or more years as specified by the local agency. +(2) Pursuant to subdivision (e), the local agency may hold discussions or negotiations with responsive bidders using the process articulated in the local agency’s request for bids. +(3) When the evaluation is complete, the responsive bidders shall be ranked based on a determination of value provided by the local agency if no more than three bidders are required to be ranked. +(4) The award of the contract shall be made to the responsible bidder whose bid is determined by the local agency to have offered the best value to the public. +(5) Notwithstanding any provision of the Water Code, upon issuance of a contract award the local agency shall publicly announce its award, identifying the bidder to which the award is made, along with a statement regarding the basis of the award. +(6) The statement regarding the local agency’s contract award, described in paragraph (5), and the contract file shall provide sufficient information to satisfy an external audit. +20928.3. +(a) The local agency, in each request for proposals, may identify specific types of subcontractors that must be included in the entity statement of qualifications and proposal. +(b) Following award of the contract, the entity shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the contract price allocable to construction work: +(1) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the local agency, including a fixed date and time on which qualification statements, bids, or proposals will be due. +(2) Establish reasonable qualification criteria and standards. +(3) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The foregoing process does not apply to construction subcontractors listed in the original proposal. +20928.4. +Any project constructed pursuant to this article shall be subject to Part 1 (commencing with Section 6000) of Division 3 of the Water Code. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Local Agency Public Construction Act establishes procedures and requirements for contracting by local agencies for the construction of public works, including the requirement to award the contract to the lowest responsible bidder. Existing law governing specified water districts requires those districts to use competitive bidding and to award the contract to the lowest responsible bidder. +This bill would allow a local agency to use the construction manager at-risk, design-build, or design-build-operate method of delivery on a surface storage project, as described. The bill would require these contracts to be awarded on a best value basis or to the lowest responsible bidder, and establish a procurement process for these contracts. The bill would require the bidder to certify specified information under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would also prohibit a contracting entity from being prequalified or short-listed unless it provides an enforceable commitment to the local agency that the entity and its subcontractors will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, as specified. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Article 60.6 (commencing with Section 20928) to Chapter 1 of Part 3 of Division 2 of the Public Contract Code, relating to water." +1144,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11461.3 of the Welfare and Institutions Code is amended to read: +11461.3. +(a) The Approved Relative Caregiver Funding Option Program is hereby established for the purpose of making the amount paid to approved relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. This is an optional program for counties choosing to participate, and in so doing, participating counties agree to the terms of this section as a condition of their participation. It is the intent of the Legislature that the funding described in paragraph (1) of subdivision (g) for the Approved Relative Caregiver Funding Option Program be appropriated, and available for use from January through December of each year, unless otherwise specified. +(b) (1) Subject to subdivision (e), effective January 1, 2015, participating counties shall pay an approved relative caregiver a per child per month rate in return for the care and supervision, as defined in subdivision (b) of Section 11460, of a child that is placed with the relative caregiver that is equal to the basic rate paid to foster care providers pursuant to subdivision (g) of Section 11461, if both of the following conditions are met: +(A) The county with payment responsibility has notified the department in writing by October 1 of the year before participation begins of its decision to participate in the Approved Relative Caregiver Funding Option Program. +(B) The related child placed in the home meets all of the following requirements: +(i) The child resides in California. +(ii) The child is described by subdivision (b), (c), or (e) of Section 11401 and the county welfare department or the county probation department is responsible for the placement and care of the child. +(iii) The child is not eligible for AFDC-FC while placed with the approved relative caregiver because the child is not eligible for federal financial participation in the AFDC-FC payment. +(2) +Participating +Until January 1, 2020, and subject to the availability of funds, participating +counties shall pay to an approved relative caregiver, for each child eligible for benefits pursuant to this section, an annual clothing allowance of two hundred forty dollars ($240). The clothing allowance shall be paid for a cumulative total of three years. +(c) Any income or benefits received by an eligible child or the approved relative caregiver on behalf of the eligible child that would be offset against the basic rate paid to a foster care provider pursuant to subdivision (g) of Section 11461, shall be offset from any funds that are not CalWORKs funds paid to the approved relative caregiver pursuant to this section. +(d) Participating counties shall recoup an overpayment in the Approved Relative Caregiver Funding Option Program received by an approved relative caregiver using the standards and processes for overpayment recoupment that are applicable to overpayments to an approved home of a relative, as specified in Section 11466.24. Recouped overpayments shall not be subject to remittance to the federal government. Any overpaid funds that are collected by the participating counties shall be remitted to the state after subtracting both of the following: +(1) An amount not to exceed the county share of the CalWORKs portion of the Approved Relative Caregiver Funding Option Program payment, if any. +(2) Any other county funds that were included in the Approved Relative Caregiver Funding Option Program payment. +(e) A county’s election to participate in the Approved Relative Caregiver Funding Option Program shall affirmatively indicate that the county understands and agrees to all of the following conditions: +(1) Commencing October 1, 2014, the county shall notify the department in writing of its decision to participate in the Approved Relative Caregiver Funding Option Program. Failure to make timely notification, without good cause as determined by the department, shall preclude the county from participating in the program for the upcoming calendar year. Annually thereafter, any county not already participating who elects to do so shall notify the department in writing no later than October 1 of its decision to participate for the upcoming calendar year. +(2) The county shall confirm that it will make per child per month payments to all approved relative caregivers on behalf of eligible children in the amount specified in subdivision (b) for the duration of the participation of the county in this program. +(3) The county shall confirm that it will be solely responsible to pay any additional costs needed to make all payments pursuant to subdivision (b) if the state and federal funds allocated to the Approved Relative Caregiver Funding Option Program pursuant to paragraph (1) of subdivision (g) are insufficient to make all eligible payments. +(f) (1) A county deciding to opt out of the Approved Relative Caregiver Funding Option Program shall provide at least 120 days’ prior written notice of that decision to the department. Additionally, the county shall provide at least 90 days’ prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced and the date that the reduction will occur. +(2) The department shall presume that all counties have opted out of the Approved Relative Caregiver Funding Option Program if the funding appropriated for the current 12-month period is reduced below the amount specified in subparagraph (B), subparagraph (C), or subparagraph (D) of paragraph (2) of subdivision (g) for that 12-month period, unless a county notifies the department in writing of its intent to opt in within 60 days of enactment of the State Budget. The counties shall provide at least 90 days’ prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced, and the date that reduction will occur. +(3) Any reduction in payments received by an approved relative caregiver on behalf of a child under this section that results from a decision by a county, including the presumed opt-out pursuant to paragraph (2), to not participate in the Approved Relative Caregiver Funding Option Program shall be exempt from state hearing jurisdiction under Section 10950. +(g) (1) The following funding shall be used for the Approved Relative Caregiver Funding Option Program: +(A) The applicable regional per-child CalWORKs grant, in accordance with subdivision (a) of Section 11253.4. +(B) General Fund resources, as appropriated in paragraph (2). +(C) County funds only to the extent required under paragraph (3) of subdivision (e). +(D) Funding described in subparagraphs (A) and (B) is intended to fully fund the base caseload of approved relative caregivers, which is defined as the number of approved relative caregivers caring for a child who is not eligible to receive AFDC-FC payments, as of July 1, 2014. +(2) The following amount is hereby appropriated from the General Fund as follows: +(A) The sum of fifteen million dollars ($15,000,000), for the period of January 1, 2015, to June 30, 2015, inclusive. +(B) For the period of July 1, 2015, to June 30, 2016, inclusive, there shall be appropriated an amount equal to the sum of all of the following: +(i) Two times the amount appropriated pursuant to subparagraph (A), inclusive of any increase pursuant to paragraph (3). +(ii) The amount necessary to increase or decrease the CalWORKs funding associated with the base caseload described in subparagraph (D) of paragraph (1) to reflect any change from the prior fiscal year in the applicable regional per-child CalWORKs grant described in subparagraph (A) of paragraph (1). +(iii) The additional amount necessary to fully fund the base caseload described in subparagraph (D) of paragraph (1), reflective of the annual California Necessities Index increase to the basic rate paid to foster care providers. +(C) For every 12-month period thereafter, commencing with the period of July 1, 2016, to June 30, 2017, inclusive, the sum of all of the following shall be appropriated for purposes of this section: +(i) The total General Fund amount provided pursuant to this paragraph for the previous 12-month period. +(ii) The amount necessary to increase or decrease the CalWORKs funding associated with the base caseload described in subparagraph (D) of paragraph (1) to reflect any change from the prior fiscal year in the applicable regional per-child CalWORKs grant described in subparagraph (A) of paragraph (1). +(iii) The additional amount necessary to fully fund the base caseload described in subparagraph (D) of paragraph (1), reflective of the annual California Necessities Index increase to the basic rate paid to foster care providers. +(D) Notwithstanding clauses (ii) and (iii) of subparagraph (B) and clauses (ii) and (iii) of subparagraph (C), the total General Fund appropriation made pursuant to subparagraph (B) shall not be less than the greater of the following amounts: +(i) Thirty million dollars ($30,000,000). +(ii) Two times the amount appropriated pursuant to subparagraph (A), inclusive of any increase pursuant to paragraph (3). +(3) To the extent that the appropriation made by subparagraph (A) of paragraph (2) is insufficient to fully fund the base caseload of approved relative caregivers as of July 1, 2014, as described in subparagraph (D) of paragraph (1), for the period of January 1, 2015, to June 30, 2015, inclusive, as jointly determined by the department and the County Welfare Directors’ Association and approved by the Department of Finance on or before October 1, 2015, the amount specified in subparagraph (A) of paragraph (2) shall be increased by the amount necessary to fully fund that base caseload. +(4) Funds available pursuant to paragraph (2) shall be allocated to participating counties proportionate to the number of their approved relative caregiver placements, using a methodology and timing developed by the department, following consultation with county human services agencies and their representatives. +(5) Notwithstanding subdivision (e), if in any calendar year the entire amount of funding appropriated by the state for the Approved Relative Caregiver Funding Option Program has not been fully allocated to or utilized by participating counties, a participating county that has paid any funds pursuant to subparagraph (C) of paragraph (1) of subdivision (g) may request reimbursement for those funds from the department. The authority of the department to approve the requests shall be limited by the amount of available unallocated funds. +(h) An approved relative caregiver receiving payments on behalf of a child pursuant to this section shall not be eligible to receive additional CalWORKs payments on behalf of the same child under Section 11450. +(i) To the extent permitted by federal law, payments received by the approved relative caregiver from the Approved Relative Caregiver Funding Option Program shall not be considered income for the purpose of determining other public benefits. +(j) Prior to referral of any individual or recipient, or that person’s case, to the local child support agency for child support services pursuant to Section 17415 of the Family Code, the county human services agency shall determine if an applicant or recipient has good cause for noncooperation, as set forth in Section 11477.04. If the applicant or recipient claims good cause exception at any subsequent time to the county human services agency or the local child support agency, the local child support agency shall suspend child support services until the county social services agency determines the good cause claim, as set forth in Section 11477.04. If good cause is determined to exist, the local child support agency shall suspend child support services until the applicant or recipient requests their resumption, and shall take other measures that are necessary to protect the applicant or recipient and the children. If the applicant or recipient is the parent of the child for whom aid is sought and the parent is found to have not cooperated without good cause as provided in Section 11477.04, the applicant’s or recipient’s family grant shall be reduced by 25 percent for the time the failure to cooperate lasts. +(k) Consistent with Section 17552 of the Family Code, if aid is paid under this chapter on behalf of a child who is under the jurisdiction of the juvenile court and whose parent or guardian is receiving reunification services, the county human services agency shall determine, prior to referral of the case to the local child support agency for child support services, whether the referral is in the best interest of the child, taking into account both of the following: +(1) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parent’s ability to meet the requirements of the parent’s reunification plan. +(2) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parent’s current or future ability to meet the financial needs of the child. +SEC. 2. +No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.","Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients. +Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Under existing law, a child who is placed in the approved home of a relative is eligible for AFDC-FC if he or she is eligible for federal financial participation in the AFDC-FC payment, as specified. Existing law provides for benefits for a child who is placed in the approved home of a relative and who is ineligible for AFDC-FC pursuant to the CalWORKs program. Existing law establishes the Approved Relative Caregiver Funding Option Program in counties choosing to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. +This bill would +require +require, until January 1, 2020, and subject to the availability of funds, +counties participating in the Approved Relative Caregiver Funding Option Program to pay to an approved relative caregiver, for each child eligible for benefits pursuant to the program, an annual clothing allowance of $240 for a cumulative total of three years. +Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. +This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.","An act to amend Section 11461.3 of the Welfare and Institutions Code, relating to public social services." +1145,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 5096.21 of the Business and Professions Code is amended to read: +5096.21. +(a) (1) On and after January 1, 2016, if the board determines, through a majority vote of the board at a regularly scheduled meeting, that allowing individuals from a particular state to practice in this state pursuant to a practice privilege as described in Section 5096, violates the board’s duty to protect the public, pursuant to Section 5000.1, the board shall require, by regulation, out-of-state individuals licensed from that state, as a condition to exercising a practice privilege in this state, to file the notification form and pay the applicable fees as required by former Section 5096, as added by Chapter 921 of the Statutes of 2004, and regulations adopted thereunder. +(2) The board may adopt emergency regulations, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), to implement this subdivision. The adoption of the regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code. +(b) The board shall, at minimum, consider the following factors in making the determination required by subdivision (a): +(1) Whether the state timely and adequately addresses enforcement referrals made by the board to the accountancy regulatory board of that state, or otherwise fails to respond to requests the board deems necessary to meet its obligations under this article. +(2) Whether the state makes the disciplinary history of its licensees publicly available through the Internet in a manner that allows the board to adequately link consumers to an Internet Web site to obtain information that was previously made available to consumers about individuals from the state prior to January 1, 2013, through the notification form. +(3) Whether the state imposes discipline against licensees that is appropriate in light of the nature of the alleged misconduct. +(c) Notwithstanding subdivision (a), if (1) the National Association of State Boards of Accountancy (NASBA) adopts enforcement best practices guidelines, (2) the board, upon a majority vote at a regularly scheduled board meeting, issues a finding after a public hearing that those practices meet or exceed the board’s own enforcement practices, (3) a state has in place and is operating pursuant to enforcement practices substantially equivalent to the best practices guidelines, and (4) disciplinary history of a state’s licensees is publicly available through the Internet in a manner that allows the board to link consumers to an Internet Web site to obtain information at least equal to the information that was previously available to consumers through the practice privilege form filed by out-of-state licensees pursuant to former Section 5096, as added by Chapter 921 of the Statutes of 2004, no practice privilege form shall be required to be filed by any licensee of that state as required by subdivision (a), nor shall the board be required to report on that state to the Legislature as required by subdivision (d). +(d) (1) The board shall report to the relevant policy committees of the Legislature, the director, and the public, upon request, preliminary determinations made pursuant to this section no later than July 1, 2015. The board shall, prior to January 1, 2016, and thereafter as it deems appropriate, review its determinations made pursuant to subdivision (b) to ensure that it is in compliance with this section. +(2) This subdivision shall become inoperative on July 1, 2017, pursuant to Section 10231.5 of the Government Code. +(e) On or before July 1, 2014, the board shall convene a stakeholder group consisting of members of the board, board enforcement staff, and representatives of the accounting profession and consumer representatives to consider whether the provisions of this article are consistent with the board’s duty to protect the public consistent with Section 5000.1, and whether the provisions of this article satisfy the objectives of stakeholders of the accounting profession in this state, including consumers. The group, at its first meeting, shall adopt policies and procedures relative to how it will conduct its business, including, but not limited to, policies and procedures addressing periodic reporting of its findings to the board. +(f) On or before January 1, 2018, the board shall prepare a report to be provided to the relevant policy committees of the Legislature, the director, and the public, upon request, that, at minimum, explains in detail all of the following: +(1) How the board has implemented this article and whether implementation is complete. +(2) Whether this article is, in the opinion of the board, more, less, or equivalent in the protection it affords the public than its predecessor article. +(3) Describes how other state boards of accountancy have addressed referrals to those boards from the board, the timeframe in which those referrals were addressed, and the outcome of investigations conducted by those boards. +(g) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.","Existing law provides for the licensure and regulation of the practice of accountancy by the California Board of Accountancy within the Department of Consumer Affairs. Existing law authorizes the board to make a determination based on specified factors about whether allowing individuals from a particular state to practice pursuant to a practice privilege violates the board’s duty to protect the public and requires the board, if it were to make such a determination, to require those individuals, except as specified, to file the notification form and pay specified fees as a condition to exercising a practice privilege in this state. +This bill would authorize the board to adopt emergency regulations in order to implement the above-described provisions.","An act to amend Section 5096.21 of the Business and Professions Code, relating to professions and vocations." +1146,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 10912 of the Water Code, as amended by Section 1 of Chapter 588 of the Statutes of 2011, is amended to read: +10912. +For the purposes of this part, the following terms have the following meanings: +(a) “Project” means any of the following: +(1) A proposed residential development of more than 500 dwelling units. +(2) A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space. +(3) A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space. +(4) A proposed hotel or motel, or both, having more than 500 rooms. +(5) (A) Except as otherwise provided in subparagraph (B), a proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area. +(B) A proposed photovoltaic or wind energy generation facility approved on or after October 8, 2011, is not a project if the facility would demand no more than 75 acre-feet of water annually. +(6) A mixed-use project that includes one or more of the projects specified in this subdivision. +(7) A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. +(b) If a public water system has fewer than 5,000 service connections, then “project” means any proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of the public water system’s existing service connections, or a mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system’s existing service connections. +(c) “Public water system” means a system for the provision of piped water to the public for human consumption that has 3,000 or more service connections. A public water system includes all of the following: +(1) Any collection, treatment, storage, and distribution facility under control of the operator of the system that is used primarily in connection with the system. +(2) Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system. +(3) Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. +(d) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. +SEC. 2. +Section 10912 of the Water Code, as added by Section 2 of Chapter 588 of the Statutes of 2011, is amended to read: +10912. +For the purposes of this part, the following terms have the following meanings: +(a) “Project” means any of the following: +(1) A proposed residential development of more than 500 dwelling units. +(2) A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space. +(3) A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space. +(4) A proposed hotel or motel, or both, having more than 500 rooms. +(5) A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area. +(6) A mixed-use project that includes one or more of the projects specified in this subdivision. +(7) A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. +(b) If a public water system has fewer than 5,000 service connections, then “project” means any proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of the public water system’s existing service connections, or a mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system’s existing service connections. +(c) “Public water system” means a system for the provision of piped water to the public for human consumption that has 3,000 or more service connections. A public water system includes all of the following: +(1) Any collection, treatment, storage, and distribution facility under control of the operator of the system that is used primarily in connection with the system. +(2) Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system. +(3) Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. +(d) This section shall become operative on January 1, 2018. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 4. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to encourage the development of photovoltaic and wind generation facilities to meet the state’s renewable portfolio standard and greenhouse gas emission reduction goals, it is necessary for this act to take effect immediately.","Existing law requires a city or county that determines that a project, as defined, is subject to the California Environmental Quality Act to identify any public water system that may supply water for the project and to request those public water systems to prepare a specified water supply assessment. If no public water system is identified, the city or county is required to prepare the water supply assessment. +Existing law defines “project” for purposes of these provisions as, among other things, a project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. For a public water system that has fewer than 5,000 service connections, existing law defines “project” as development that would account for a specified increase in the number of service connections. Existing law, until January 1, 2017, exempts from the definition of “project” a proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually. +This bill would, until January 1, 2018, exempt the above-described proposed photovoltaic or wind energy generation facilities from the definition of “project.” The bill would thereby extend the duties on local agencies with respect to determining whether a project is subject to the water supply assessment requirements, thereby imposing a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend and repeal Section 10912 of the Water Code, relating to water supply, and declaring the urgency thereof, to take effect immediately." +1147,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1185 of the Civil Code is amended to read: +1185. +(a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument. +(b) For purposes of this section, “satisfactory evidence” means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and any one of the following: +(1) (A) The oath or affirmation of a credible witness personally known to the officer, whose identity is proven to the officer upon presentation of a document satisfying the requirements of paragraph (3) or (4), that the person making the acknowledgment is personally known to the witness and that each of the following are true: +(i) The person making the acknowledgment is the person named in the document. +(ii) The person making the acknowledgment is personally known to the witness. +(iii) That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification. +(iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4). +(v) The witness does not have a financial interest in the document being acknowledged and is not named in the document. +(B) A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose this civil penalty may be brought by the Secretary of State in an administrative proceeding or a public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this subparagraph. +(2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities are proven to the officer upon the presentation of a document satisfying the requirements of paragraph (3) or (4), that each statement in paragraph (1) is true. +(3) Reasonable reliance on the presentation to the officer of any one of the following, if the document or other form of identification is current or has been issued within five years: +(A) An identification card or driver’s license issued by the Department of Motor Vehicles. +(B) A passport issued by the Department of State of the United States. +(C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison. +(D) Any form of inmate identification issued by a sheriff’s department, if the inmate is in custody in a local detention facility. +(4) Reasonable reliance on the presentation of any one of the following, provided that a document specified in subparagraphs (A) to (E), inclusive, shall either be current or have been issued within five years and shall contain a photograph and description of the person named on it, shall be signed by the person, and shall bear a serial or other identifying number: +(A) A valid consular identification document issued by a consulate from the applicant’s country of citizenship, or a valid passport from the applicant’s country of citizenship. +(B) A driver’s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver’s licenses. +(C) An identification card issued by a state other than California. +(D) An identification card issued by any branch of the Armed Forces of the United States. +(E) An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city, county, or city and county in this state. +(c) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law. +(d) A party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer. +(e) A person convicted of perjury under this section shall forfeit any financial interest in the document. +SEC. 1.5. +Section 1185 of the Civil Code is amended to read: +1185. +(a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument. +(b) For purposes of this section, “satisfactory evidence” means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and any one of the following: +(1) (A) The oath or affirmation of a credible witness personally known to the officer, whose identity is proven to the officer upon presentation of a document satisfying the requirements of paragraph (3) or (4), that the person making the acknowledgment is personally known to the witness and that each of the following are true: +(i) The person making the acknowledgment is the person named in the document. +(ii) The person making the acknowledgment is personally known to the witness. +(iii) That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification. +(iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4). +(v) The witness does not have a financial interest in the document being acknowledged and is not named in the document. +(B) A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose this civil penalty may be brought by the Secretary of State in an administrative proceeding or a public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this subparagraph. +(2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities are proven to the officer upon the presentation of a document satisfying the requirements of paragraph (3) or (4), that each statement in paragraph (1) is true. +(3) Reasonable reliance on the presentation to the officer of any one of the following, if the document or other form of identification is current or has been issued within five years: +(A) An identification card or driver’s license issued by the Department of Motor Vehicles. +(B) A passport issued by the Department of State of the United States. +(C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison. +(D) Any form of inmate identification issued by a sheriff’s department, if the inmate is in custody in a local detention facility. +(4) Reasonable reliance on the presentation of any one of the following, provided that a document specified in subparagraphs (A) to (F), inclusive, shall either be current or have been issued within five years and shall contain a photograph and description of the person named on it, shall be signed by the person, and shall bear a serial or other identifying number: +(A) A valid consular identification document issued by a consulate from the applicant’s country of citizenship, or a valid passport from the applicant’s country of citizenship. +(B) A driver’s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver’s licenses. +(C) An identification card issued by a state other than California. +(D) An identification card issued by any branch of the Armed Forces of the United States. +(E) An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city, county, or city and county in this state. +(F) An identification card issued by a federally recognized tribal government. +(c) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law. +(d) A party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer. +(e) A person convicted of perjury under this section shall forfeit any financial interest in the document. +SEC. 2. +Section 1.5 of this bill incorporates amendments to Section 1185 of the Civil Code proposed by both this bill and Senate Bill 997. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1185 of the Civil Code, and (3) this bill is enacted after Senate Bill 997, in which case Section 1 of this bill shall not become operative.","Existing law relating to property transfers prohibits the acknowledgment of an instrument unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument. Existing law provides that an officer may reasonably rely on, among other things, a passport issued by a foreign government, a driver’s license issued by another state or a Canadian or Mexican public agency, an identification card issued by another state or a branch of the Armed Forces of the United States, or an employee identification card issued by an agency or office of this state or a city, county, or city and county in this state, provided that the document meets certain requirements. In the event the document is a passport, it must be stamped by the United States Citizenship and Immigration Services of the Department of Homeland Security. +This bill, instead of that provision pertaining to a passport issued by a foreign government, would authorize the acceptance of a valid passport from the applicant’s country of citizenship, or a valid consular identification document issued by a consulate from the applicant’s country of citizenship, as proof of identity. The bill would eliminate the requirement that the passport be stamped by the United States Citizenship and Immigration Services of the Department of Homeland Security. +This bill would incorporate additional changes to Section 1185 of the Civil Code proposed by SB 997 that would become operative if this bill and SB 997 are enacted and this bill is enacted last.","An act to amend Section 1185 of the Civil Code, relating to property." +1148,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11515 of the Vehicle Code is amended to read: +11515. +(a) (1) +Whenever +If +an insurance company makes a total loss settlement on a total loss salvage vehicle, the insurance company, an occupational licensee of the department authorized by the insurance company, or a salvage pool authorized by the insurance company, within 10 days from the settlement of the loss, shall forward the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a fee in the amount of fifteen dollars ($15), to the department. An occupational licensee of the department may submit a certificate of license plate destruction in lieu of the actual license plate. +(2) If an insurance company, an occupational licensee of the department authorized by the insurance company, or a salvage pool authorized by the insurance company is unable to obtain the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department within 30 days following oral or written acceptance by the owner of an offer of an amount in settlement of a total loss, that insurance company, licensee, or salvage pool, on a form provided by the department and signed under penalty of perjury, may request the department to issue a salvage certificate for the vehicle. The request shall include and document that the requester has made at least two written attempts to obtain the certificate of ownership or other acceptable evidence of title, and shall include the license plates and fee described in paragraph (1). +(3) The department, upon receipt of the certificate of ownership, other evidence of title, or properly executed request described in paragraph (2), the license plates, and the fee, shall issue a salvage certificate for the vehicle. +(b) +Whenever +If +the owner of a total loss salvage vehicle retains possession of the vehicle, the insurance company shall notify the department of the retention on a form prescribed by the department. The insurance company shall also notify the insured or owner of the insured’s or owner’s responsibility to comply with this subdivision. The owner shall, within 10 days from the settlement of the loss, forward the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a fee in the amount of fifteen dollars ($15) to the department. The department, upon receipt of the certificate of ownership or other evidence of title, the license plates, and the fee, shall issue a salvage certificate for the vehicle. +(c) +Whenever +If +a total loss salvage vehicle is not the subject of an insurance settlement, the owner shall, within 10 days from the loss, forward the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a fee in the amount of fifteen dollars ($15) to the department. +(d) +Whenever +If +a total loss salvage vehicle is not the subject of an insurance settlement, a self-insurer, as defined in Section 16052, shall, within 10 days from the loss, forward the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a fee in the amount of fifteen dollars ($15) to the department. +(e) Prior to the sale or disposal of a total loss salvage vehicle, the owner, owner’s agent, or salvage pool, shall obtain a properly endorsed salvage certificate and deliver +it +the certificate +to the purchaser within 10 days after payment in full for the salvage vehicle and shall also comply with Section 5900. The department shall accept the endorsed salvage certificate in lieu of the certificate of ownership or other evidence of ownership when accompanied by an application and other documents and fees, including, but not limited to, the fees required by Section 9265, as may be required by the department. +(f) This section does not apply to a vehicle that has been driven or taken without the consent of the owner thereof, until the vehicle has been recovered by the owner and only if the vehicle is a total loss salvage vehicle. +(g) A violation of subdivision (a), (b), (d), or (e) is a misdemeanor, pursuant to Section 40000.11. Notwithstanding Section 40000.11, a violation of subdivision (c) is an infraction, except that, if committed with the intent to defraud, a violation of subdivision (c) is a misdemeanor. +(h) (1) A salvage certificate issued pursuant to this section shall include a statement that the seller and subsequent sellers that transfer ownership of a total loss vehicle pursuant to a properly endorsed salvage certificate are required to disclose to the purchaser at, or prior to, the time of sale that the vehicle has been declared a total loss salvage vehicle. +(2) Effective on and after the department includes in the salvage certificate form the statement described in paragraph (1), a seller who fails to make the disclosure described in paragraph (1) shall be subject to a civil penalty of not more than five hundred dollars ($500). +(3) Nothing in this subdivision affects any other civil remedy provided by law, including, but not limited to, punitive damages.","Existing law requires, if the owner of a total loss salvage vehicle retains possession of the vehicle, the insurance company to notify the Department of Motor Vehicles of the retention, as specified. Existing law requires the owner, within 10 days from the settlement of loss, to forward to the department the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a specified fee. Upon receipt of these items, existing law requires the department to issue a salvage certificate for the vehicle. Prior to the sale or disposal of a total loss salvage vehicle, existing law requires the owner, the owner’s agent, or salvage pool to obtain a properly endorsed salvage certificate and deliver the certificate to the purchaser within 10 days after payment in full for the salvage vehicle, as specified. A violation of these provisions is punishable as a misdemeanor. +This bill would make technical, nonsubstantive changes to this provision.","An act to amend Section 11515 of the Vehicle Code, relating to vehicles." +1149,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3068 of the Civil Code is amended to read: +3068. +(a) Every person has a lien dependent upon possession for the compensation to which +the +that +person is legally entitled for making repairs or performing labor upon, and furnishing supplies or materials for, and for the storage, repair, or safekeeping of, and for the rental of parking space for, any vehicle of a type subject to registration under the Vehicle Code, subject to the limitations set forth in this chapter. The lien shall be deemed to arise at the time a written statement of charges for completed work or services is presented to the registered owner or 15 days after the work or services are completed, whichever occurs first. Upon completion of the work or services, the lienholder shall not dismantle, disengage, remove, or strip from the vehicle the parts used to complete the work or services. +(b) (1) Any lien under this section that arises because work or services have been performed on a vehicle with the consent of the registered owner shall be extinguished and no lien sale shall be conducted unless either of the following occurs: +(A) The lienholder applies for an authorization to conduct a lien sale within 30 days after the lien has arisen. +(B) An action in court is filed within 30 days after the lien has arisen. +(2) A person whose lien for work or services on a vehicle has been extinguished shall turn over possession of the vehicle, at the place where the work or services were performed, to the legal owner or the lessor upon demand of the legal owner or lessor, and upon tender by the legal owner or lessor, by cashier’s check or in cash, of only the amount for storage, safekeeping, or parking space rental for the vehicle to which the person is entitled by subdivision (c). +(3) Any lien under this section that arises because work or services have been performed on a vehicle with the consent of the registered owner shall be extinguished, and no lien sale shall be conducted, if the lienholder, after written demand made by either personal service or certified mail with return receipt requested by the legal owner or the lessor to inspect the vehicle, fails to permit that inspection by the legal owner or lessor, or his or her agent, within a period of time not sooner than 24 hours nor later than 72 hours after the receipt of that written demand, during the normal business hours of the lienholder. +(4) Any lien under this section that arises because work or services have been performed on a vehicle with the consent of the registered owner shall be extinguished, and no lien sale shall be conducted, if the lienholder, after written demand made by either personal service or certified mail with return receipt requested by the legal owner or the lessor to receive a written copy of the work order or invoice reflecting the services or repairs performed on the vehicle and the authorization from the registered owner requesting the lienholder to perform the services or repairs, fails to provide that copy to the legal owner or lessor, or his or her agent, within 10 days after the receipt of that written demand. +(c) The lienholder shall not charge the legal owner or lessor any amount for release of the vehicle in excess of the amounts authorized by this subdivision. +(1) That portion of the lien in excess of one thousand five hundred dollars ($1,500) for any work or services, or that amount, subject to the limitations contained in Section 10652.5 of the Vehicle Code, in excess of one thousand twenty-five dollars ($1,025) for any storage, safekeeping, or rental of parking space or, if an application for an authorization to conduct a lien sale has been filed pursuant to Section 3071 within 30 days after the commencement of the storage or safekeeping, in excess of one thousand two hundred fifty dollars ($1,250) for any storage or safekeeping, rendered or performed at the request of any person other than the legal owner or lessor, is invalid, unless prior to commencing any work, services, storage, safekeeping, or rental of parking space, the person claiming the lien gives actual notice in writing either by personal service or by registered letter addressed to the legal owner named in the registration certificate, and the written consent of that legal owner is obtained before any work, services, storage, safekeeping, or rental of parking space are performed. +(2) Subject to the limitations contained in Section 10652.5 of the Vehicle Code, if any portion of a lien includes charges for the care, storage, or safekeeping of, or for the rental of parking space for, a vehicle for a period in excess of 60 days, the portion of the lien that accrued after the expiration of that period is invalid unless Sections 10650 and 10652 of the Vehicle Code have been complied with by the holder of the lien. +(3) The charge for the care, storage, or safekeeping of a vehicle which may be charged to the legal owner or lessor shall not exceed that for one day of storage if, 24 hours or less after the vehicle is placed in storage, a request is made for the release of the vehicle. If the request is made more than 24 hours after the vehicle is placed in storage, charges may be imposed on a full, calendar-day basis for each day, or part thereof, that the vehicle is in storage. +(d) In any action brought by or on behalf of the legal owner or lessor to recover a vehicle alleged to be wrongfully withheld by the person claiming a lien pursuant to this section, the prevailing party shall be entitled to reasonable attorney’s fees and costs, not to exceed one thousand seven hundred fifty dollars ($1,750).","Existing law grants a person a lien on a vehicle, dependent upon possession, for the compensation connected with repairing, furnishing supplies, storing, or renting parking space for that vehicle. Existing law establishes how the lien arises and how it may be extinguished. +This bill would make a nonsubstantive change in these provisions.","An act to amend Section 3068 of the Civil Code, relating to vehicle liens." +1150,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Corinthian Colleges, Inc., was the target of consumer and taxpayer protection enforcement efforts by the federal government, the Attorney General, and other state and federal authorities. +(b) Based on findings of harm to students enrolled at Corinthian Colleges campuses, the United States Department of Education announced debt relief programs to assist students, including all of the following: +(1) A student who attended a Corinthian Colleges campus that closed on April 27, 2015, and withdrew any time after June 20, 2014, is eligible to apply for a closed school loan discharge, so long as the student does not transfer earned credit and subsequently +complete +completes +a comparable program at another institution. +(2) A student who believes he or she was a victim of fraud or other violations of state law by Corinthian Colleges can apply for debt relief under borrower defense to repayment. The United States Department of Education has determined that Corinthian Colleges misrepresented job placement rates for a majority of programs at its Heald College campuses between 2010 and 2014, and California Everest College and WyoTech campuses between 2010 and 2013, and is in the process of establishing a specific process for federal loan discharge for these students. +(3) A Corinthian Colleges student who intends to submit a borrower defense claim may request loan forbearance while a claims review process is established and his or her claim is reviewed. +(c) On March 25, 2016, the United States Department of Education announced the approval of 6,838 of the 11,740 closed school loan discharge claims and approval of 2,048 of the approximately 11,000 borrower defense to repayment loan forgiveness claims received. Rough estimates place the number of students with eligibility to file a closed school loan discharge or defense to repayment claim at over 350,000 students. +(d) According to testimony provided at the November 10, 2015, advisory committee meeting, the Bureau for Private Postsecondary Education staff indicated that Corinthian Colleges students have largely needed assistance in working with loan servicers to secure a closed school loan discharge and in applying to the United States Department of Education for loan forgiveness based on borrower defense to repayment. According to that testimony, the Bureau for Private Postsecondary Education at that time had one employee responsible for assisting the hundreds of thousands of California students eligible for loan forgiveness and tuition recovery. +(e) Without assistance, evidence shows that only a small fraction of students eligible for tuition recovery or federal loan discharge will file a claim. +(f) Pursuant to Section 94923, the Student Tuition Recovery Fund exists to relieve or mitigate a student’s economic loss caused by a documented violation of certain laws or by institutional closure, as specified. +(g) It is consistent with the purpose of the Student Tuition Recovery Fund to provide assistance to Corinthian Colleges students to obtain federal and private loan discharge and other financial aid relief. +(h) It is the intent of the Legislature that unencumbered restitution funds awarded to the state from a lawsuit involving Corinthian Colleges and its affiliate institutions, including Heald College, be used to repay any funds provided to students pursuant to this act. +SEC. 2. +Section 69433.61 is added to the Education Code, to read: +69433.61. +(a) Notwithstanding any other law, a student who was enrolled and received a Cal Grant award in the 2013–14 or 2014–15 academic year at a California campus of Heald College, and was unable to complete an educational program offered by the campus due to the campus’ closure on April 27, 2015, shall not have the award years used at a Heald College campus considered for purposes of the limitation on the number of years of Cal Grant award eligibility. This restoration of award years for Cal Grant eligibility shall not exceed two years. +(b) A student shall be eligible for the restoration of award years if the student was enrolled at a campus of Heald College on April 27, 2015, or withdrew from enrollment between July 1, 2014, and April 27, 2015. The Bureau for Private Postsecondary Education shall provide the commission with information, if available, to confirm student enrollment for purposes of this section. +(c) An eligible student shall, before July 1, 2018, notify the commission of his or her intent to use the restoration of award years provided under this section and to enroll in an institution eligible for initial and renewal Cal Grant awards to be eligible for that restoration. +SEC. 3. +Section 69999.19 is added to the Education Code, to read: +69999.19. +(a) Notwithstanding any other law, a student who was enrolled and received a California National Guard Education Assistance Award in the 2013–14 or 2014–15 academic year at a California campus of Heald College, and was unable to complete an educational program offered by the campus due to the campus’ closure on April 27, 2015, shall not have the award years used at a Heald College campus considered for purposes of the limitation on the number of years of California National Guard Education Assistance Award eligibility. This restoration of award years for California National Guard Education Assistance Award eligibility shall not exceed two years. +(b) A student shall be eligible for the restoration of award years if the student was enrolled at a campus of Heald College on April 27, 2015, or withdrew from enrollment between July 1, 2014, and April 27, 2015. The Bureau for Private Postsecondary Education shall provide the commission with information, if available, to confirm student enrollment for purposes of this section. +(c) An eligible student shall, before July 1, 2018, notify the commission of his or her intent to use the restoration of award years provided under this section and to enroll in an institution eligible for initial and renewal California National Guard Education Assistance Awards to be eligible for that restoration. +SEC. 4. +Section 94051 is added to the Education Code, to read: +94051. +(a) Notwithstanding any other law, until July 1, 2020, a state agency that provides licensure may consider for licensure any student who was enrolled in an educational program of Corinthian Colleges, Inc., designed to lead to licensure from that state agency, and who did not receive that licensure due to the institution’s closure. This consideration shall be provided at the discretion of the state agency in accordance with its public protection mandate and applicable criteria established by the agency for consumer safety. +(b) A state agency, as specified in subdivision (a), may require coursework or passage of a California law and ethics examination, if not already required, to ensure that the potential licensee is versed in the most recent and relevant state laws applicable to the license. +SEC. 5. +Section 94926.5 is added to the Education Code, to read: +94926.5. +(a) Upon appropriation by the Legislature from the Student Tuition Recovery Fund, in response to the student harm caused by the practices and unlawful closure of Corinthian Colleges, Inc., grant funds shall be timely provided in accordance with this section to eligible nonprofit community service organizations to assist the eligible students of that closed institution by relieving or mitigating the economic and educational opportunity loss incurred by those students. +(b) (1)   The terms and conditions of the grant agreements shall ensure that grant funds are used for the exclusive purpose of assisting eligible students with federal and private loan discharge and other financial aid relief, and that students eligible to claim recovery through the Student Tuition Recovery Fund are referred to the bureau for assistance with claim processing. +(2) This subdivision is not intended to prohibit a nonprofit community service organization from using grant funds to screen student requests for assistance in order to determine if a student meets assistance eligibility requirements. +(c) Services provided by eligible nonprofit community service organizations may include, but are not to be limited to, outreach and education, screening requests for assistance, referring students for additional legal assistance through pro bono referral programs, and legal services. +(d) For purposes of this section, an “eligible nonprofit community service organization” is an organization that satisfies all of the following conditions: +(1) The organization is a 501(c)(3) tax-exempt organization in good standing with the Internal Revenue Service and in compliance with all applicable laws and requirements. +(2) The organization demonstrates expertise in assisting students with, and currently provides free direct legal services to students for, or will work in partnership +with +with, +or under the supervision +of +of, +an attorney or a nonprofit legal services organization that has demonstrated expertise in assisting students with, student loan and tuition recovery-related matters. +(3) The organization does not charge students for services, including services provided pursuant to this section. +(e) For purposes of this section, an “eligible student” is a student who was enrolled at a California campus of, or a California student who was enrolled in an online campus of, a Corinthian Colleges institution, and who has been screened by the nonprofit community service organization and determined to be eligible for debt relief from the United States Department of Education or other student financial aid relief. +(f) (1)   The bureau shall notify the Attorney General of all unlawful Corinthian Colleges closures within 15 days of the effective date of this section. +(2) The notification shall include the name and location of the school, the programs, and the number of students affected at each site of the school, as appropriate. The bureau shall provide the Attorney General with all additional information that the Attorney General may request, if the bureau has access to the requested information. +(3) The Attorney General shall, within 90 days of receipt of the notification, solicit grant applications from eligible nonprofit community service organizations as described in subdivision (d), select one or more of these organizations from among the applicants who are deemed to be qualified by the Attorney General, set additional terms and conditions of the grants as necessary, and notify the bureau and the recipient organization or organizations of the selection and the share of grant funds available that the organization shall receive. The Attorney General may enter into a contract with another qualified entity to perform the Attorney General’s duties under this subdivision. +(g) Within 30 days of selection pursuant to paragraph (3) of subdivision (f), an eligible nonprofit community service organization that receives funds pursuant to this section shall enter into a grant agreement with the Attorney General, or a qualified entity entrusted with this authority pursuant to paragraph (3) of subdivision (f), as applicable, and shall use grant funds exclusively for the purposes set forth in this section in accordance with the agreement. Any unused funds shall be returned to the Attorney General for return to the Student Tuition Recovery Fund, except that, upon the approval of the Attorney General, an eligible nonprofit community service organization may expend those unused funds to provide assistance to students who were enrolled at an institution approved to operate by the bureau and who were harmed by the unlawful closure of that institution. The Attorney General, or a contracted qualified entity, may terminate the grant agreement for material breach, and may require repayment of funds provided to the nonprofit community service organization during the time that the agreement was being materially breached. However, the Attorney General, or a qualified entity, shall provide the grantee with written notice of the breach and a reasonable opportunity of not less than 30 days to resolve the breach. +(h) An eligible nonprofit community service organization that receives a grant may give priority to low-income students if demand exceeds available grant funds. Otherwise, the organization may provide assistance regardless of student income level. +(i) (1)   An eligible nonprofit community service organization that receives a grant shall report to the Attorney General, or a qualified entity pursuant to paragraph (3) of subdivision (f), as applicable, quarterly through the grant period on all of the following: +(A) The number of eligible students served pursuant to the grant agreement. +(B) A detailed summary of services provided to those students. +(C) The number of Student Tuition Recovery Fund claims referred to the bureau. +(D) The number of federal loan forgiveness claims filed and the number of those claims approved, denied, and pending. +(E) The number of students screened by the nonprofit community service organization who were determined ineligible for assistance with debt relief pursuant to subdivision (e), a summary of reasons for ineligibility, and a summary of any services or referral information provided to those students. +(F) Any other information that is deemed appropriate by the Attorney General or qualified entity, as applicable. +(2) The Attorney General or qualified entity, as applicable, shall make the reports submitted pursuant to paragraph (1) available to the Legislature and the bureau upon request. +(3) The Attorney General or qualified entity, as applicable, shall provide the Legislature and the bureau a final report summarizing the information submitted pursuant to paragraph (1) promptly following the time when all funds are expended by the grantees or by January 1, 2019, whichever is earlier. +(j) Funds shall be distributed to preapproved nonprofit community service organizations as follows: +(1) Fifty percent shall be distributed to the grantee within 30 days of the grantee entering into a grant agreement. +(2) Twenty-five percent shall be distributed to the grantee upon the submission of the grantee’s second quarterly report. +(3) Twenty-five percent shall be distributed to the grantee upon the submission of the grantee’s third quarterly report. +(k) The adoption of any regulation pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public health and safety, or general welfare. +SEC. 6. +(a) It is the intent of the Legislature that grant funds be made available from the Student Tuition Recovery Fund to assist former students of Corinthian Colleges, Inc., in obtaining federal and private loan discharge and other financial aid related relief, that the amount of funds available be calculated by multiplying the number of students (13,000) enrolled at the time of the institution’s unlawful closure by one hundred dollars ($100), and that organizations receiving grants use available funds in ways that maximize the number of California students that apply for and receive loan discharge and tuition recovery. +(b) Consistent with subdivision (a), the sum of one million three hundred thousand dollars ($1,300,000) is hereby appropriated from the Student Tuition Recovery Fund to the Attorney General for the purposes of providing grants pursuant to Section 94926.5 of the Education Code, and to pay an amount not to exceed one hundred fifty thousand dollars ($150,000) for the reasonable administrative costs of the Attorney General’s office related to these grants. +SEC. 7. +This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: +In order to provide immediate educational and economic relief to the thousands of students harmed by the closure of Corinthian Colleges, it is necessary for this act to take effect immediately.","(1) The California Private Postsecondary Education Act of 2009 provides for the regulation of private postsecondary educational institutions by the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. The act also establishes the Student Tuition Recovery Fund and requires the bureau to adopt regulations governing the administration and maintenance of the fund, including requirements relating to assessments on students and student claims against the fund, and establishes that the moneys in this fund are continuously appropriated to the bureau for specified purposes. +This bill would appropriate the sum of $1,300,000 from the Student Tuition Recovery Fund to the Attorney General for the purposes of providing grants to eligible nonprofit community service organizations to assist eligible students affected by the closure of Corinthian Colleges, Inc., as defined, with loan discharge and other student loan-related requests and tuition recovery-related claims, and to pay an amount not to exceed $150,000 for the reasonable administrative costs of the Attorney General’s office related to these grants, as specified. The bill would require the bureau to notify the Attorney General of all unlawful Corinthian Colleges closures within 15 days of the effective date of these provisions. The bill would require the Attorney General to, among other things, within 90 days of the notification, solicit grant applications from eligible nonprofit community service organizations, select one or more of these organizations deemed to be qualified, and set additional terms and conditions of the grants as necessary. The bill would provide that any unused funds are to be returned to the Attorney General for return to the Student Tuition Recovery Fund, except that, upon the approval of the Attorney General, an eligible nonprofit community service organization may expend those unused funds to provide assistance to students who were enrolled at an institution approved to operate by the bureau and who were harmed by the unlawful closure of that institution. The bill would set a schedule for how grant funds are to be distributed. The bill would require the grantee to submit specified information to the Attorney General on a quarterly basis, and require the Attorney General to make these reports available to the Legislature and the bureau upon request. The bill would require the Attorney General to provide the Legislature and the bureau a final report summarizing all the information submitted to it by grantees, promptly following the time when all funds are expended by the grantees, or by January 1, 2019, whichever is earlier. The bill would authorize the Attorney General to contract with another qualified entity to perform the Attorney General’s duties under these provisions. +(2) This bill would, until July 1, 2020, authorize state agencies that provide licensure to consider for licensure students who were enrolled in an educational program of Corinthian Colleges, Inc., designed to lead to licensure from that state agency, and who did not receive that licensure due to the institution’s closure. +(3) The Cal Grant Program prohibits an applicant from receiving Cal Grant awards totaling in excess of the amount equivalent to the award level for a total of 4 years of full-time attendance in an undergraduate program, except as provided. +This bill would partially exempt from this limitation on Cal Grant awards a student who was enrolled and received a Cal Grant award at a California campus of Heald College, and who was unable to complete an educational program offered by the campus due to its closure. +(4) The California National Guard Education Assistance Award Program authorizes the renewal of California National Guard Education Assistance Awards, for a maximum of the greater of either 4 years of full-time equivalent enrollment or the duration for which the qualifying member would otherwise be eligible pursuant to the Cal Grant Program, if specified conditions are met. +This bill would partially exempt from this limitation on California National Guard Education Assistance Awards a student who was enrolled and received a California National Guard Education Assistance Award at a California campus of Heald College, and who was unable to complete an educational program offered by the campus due to its closure. +(5) This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Sections 69433.61, 69999.19, 94051, and 94926.5 to the Education Code, relating to higher education, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately." +1151,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17053.75 is added to the Revenue and Taxation Code, to read: +17053.75. +(a) For taxable years beginning on or after January 1, 2017, +and before January 1, 2022, +there shall be allowed a credit against the “net tax,” as defined by Section 17039, to a qualified employer who pays a qualified employee a wage that equals or exceeds the state minimum wage during the taxable year. +(b) The credit shall be in an amount that is equal to the difference between the special minimum wage that may be paid to the qualified employee and the state minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year. +(c) For purposes of this section, the following definitions shall apply: +(1) “Minimum wage” means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code. +(2) “Qualified employee” means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor +Code. +Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code. +(3) (A) “Qualified employer” means a taxpayer that employs a qualified employee in this state. +(B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified employer under this section shall be made at the entity level, and any credit under this section or Section 23675 shall be allowed to the pass-thru entity and passed through to the partners or shareholders in accordance with applicable provisions of this part or Part 11 (commencing with Section 23001). For purposes of this section, the term “pass-thru entity” means any partnership or “S” Corporation. +(d) A qualified employer shall do both of the following: +(1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee. +(2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board. +(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. +(f) In the case where any credit allowed by this section exceeds the net “tax,” the excess may be carried over to reduce the “net tax” in the following year, and succeeding years if necessary, until this section is repealed. +(g) On or before June 1, 2022, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following: +(1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 23675. +(2) The number of employers who used and applied for a credit authorized by this section and Section 23675 each year. +(3) The number of employees for whom a credit authorized by this section and Section 23675 was claimed. +(h) This section shall remain in effect only until December 1, 2022, and as of that date is repealed. +SEC. 2. +Section 23675 is added to the Revenue and Taxation Code, to read: +23675. +(a) For taxable years beginning on or after January 1, 2017, +and before January 1, 2022, +there shall be allowed a credit against the “tax,” as defined by Section 23036, to a qualified employer who pays a qualified employee a wage that equals or exceeds the state minimum wage during the taxable year. +(b) The credit shall be in an amount that is equal to the difference between the special minimum wage that may be paid to the qualified employee and the state minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year. +(c) For purposes of this section, the following definitions shall apply: +(1) “Minimum wage” means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code. +(2) “Qualified employee” means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor +Code. +Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code. +(3) (A) “Qualified employer” means a taxpayer that employs a qualified employee in this state. +(B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified taxpayer under this section shall be made at the entity level, and any credit under this section or Section 17053.75 shall be allowed to the pass-thru entity and passed through to the partners in accordance with applicable provisions of this part or Part 10 (commencing with Section 17001). For purposes of this subparagraph, the term “pass-thru entity” means any partnership. +(d) A qualified employer shall do both of the following: +(1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee. +(2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board. +(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. +(f) In the case where any credit allowed by this section exceeds the “tax,” the excess may be carried over to reduce the “tax” in the following year, and succeeding years if necessary, until this section is repealed. +(g) On or before June 1, 2022, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following: +(1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 17053.75. +(2) The number of employers who used and applied for a credit authorized by this section and Section 17053.75 each year. +(3) The number of employees for whom a credit authorized by this section and Section 17053.75 was claimed. +(h) This section shall remain in effect only until December 1, 2022, and as of that date is repealed. +SEC. 3. +It is the intent of the Legislature to enact legislation to comply with the requirements of Section +41. +41 of the Revenue and Taxation Code. +SEC. 4. +This act provides for a tax levy within the meaning of Article IV of the +California +Constitution and shall go into immediate effect.","The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. +This bill, for taxable years beginning on and after January 1, 2017, +and before January 1, 2022, +would allow a credit under those laws to an employer who pays a qualified employee a wage equal to or exceeding the state minimum wage during the taxable year, as provided. The bill would define a qualified employee as an individual with a disability who may be paid a special minimum wage under existing state or federal law. The credit would be allowed in an amount equal to the difference between the special minimum wage and the state minimum wage, multiplied by the hours worked by the qualified employee. +The bill would require the Franchise Tax Board to submit a report containing specified data relating to these credits to the Legislature by June 1, 2022. +This bill would take effect immediately as a tax levy.","An act to add +and repeal +Sections 17053.75 and 23675 +to +of +the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +1152,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 261 of the Penal Code is amended to read: +261. +(a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances: +(1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent. +(2) Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. +(3) Where a person is +prevented from resisting +incapable of giving consent +by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused. +(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, “unconscious of the nature of the act” means incapable of +resisting +giving consent +because the victim meets any one of the following conditions: +(A) Was unconscious or asleep. +(B) Was not aware, knowing, perceiving, or cognizant that the act occurred. +(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact. +(D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose. +(5) Where a person submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief. +(6) Where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, “threatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death. +(7) Where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official. +(b) As used in this section, “duress” means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in appraising the existence of duress. +(c) As used in this section, “menace” means any threat, declaration, or act which shows an intention to inflict an injury upon another. +SEC. 2. +Section 262 of the Penal Code is amended to read: +262. +(a) Rape of a person who is the spouse of the perpetrator is an act of sexual intercourse accomplished under any of the following circumstances: +(1) Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. +(2) Where a person is +prevented from resisting +incapable of giving consent +by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known, by the accused. +(3) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, “unconscious of the nature of the act” means incapable of +resisting +giving consent +because the victim meets one of the following conditions: +(A) Was unconscious or asleep. +(B) Was not aware, knowing, perceiving, or cognizant that the act occurred. +(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact. +(4) Where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, “threatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death. +(5) Where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official. +(b) As used in this section, “duress” means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in apprising the existence of duress. +(c) As used in this section, “menace” means any threat, declaration, or act that shows an intention to inflict an injury upon another. +(d) If probation is granted upon conviction of a violation of this section, the conditions of probation may include, in lieu of a fine, one or both of the following requirements: +(1) That the defendant make payments to a battered women’s shelter, up to a maximum of one thousand dollars ($1,000). +(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. +For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, rape is an act of sexual intercourse accomplished under certain circumstances, including, among others, circumstances in which sexual intercourse is accomplished where the person was prevented from resisting because of intoxication or where the person is incapable of resisting because the victim was unconscious of the nature of the act. +This bill would instead provide that rape is accomplished where the person was incapable of giving consent because of intoxication or where the person is incapable of giving consent because the victim was unconscious of the nature of the act. By changing the definition of a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 261 and 262 of the Penal Code, relating to rape." +1153,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 5388 is added to the Public Utilities Code, to read: +5388. +(a) The commission shall establish a telephone communications service that is available to members of the public to communicate to the commission any concerns, or register complaints, regarding service provided by charter-party carriers of passengers, including transportation network companies. The commission shall designate a telephone number for members of the public to dial to communicate their concerns or complaints. The commission shall require each charter-party carrier of passengers to include the telephone number designated by the commission on all contracts for service made after January 1, 2018. For a transportation network company or other charter-party carrier of passengers that arrange for transportation utilizing application software, commonly termed an app, the commission shall require that the customer be notified of the existence of, and purpose for, the telephone number as part of the electronic transaction. The commission may maintain additional, alternative means for members of the public to express concerns or register complaints. +(b) The commission shall maintain a record of all concerns and complaints communicated to the commission relative to charter-party carriers of passengers, including transportation network companies. The commission shall establish rules or guidelines as to what concerns and complaints do or do not raise matters of serious concern. As to those concerns and complaints that do not raise a matter of serious concern, the commission staff shall diligently attempt to informally resolve the concern or complaint and shall maintain a record of whether the concern or complaint was resolved. The commission shall investigate each concern or complaint made to the commission that raises a matter of serious concern and initiate and conclude appropriate enforcement action with respect to any violation of this act or a rule adopted by the commission pursuant to this act. The commission shall maintain a record of all concerns and complaints that result in an investigation, a description of the investigation conducted by the commission, and the result of the investigation. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +SECTION 1. +Section 1801.3 of the +Public Utilities Code +is amended to read: +1801.3. +It is the intent of the Legislature that: +(a)The provisions of this article shall apply to all formal proceedings of the commission involving electrical, gas, water, telegraph, and telephone corporations and to corporations that are subject to regulation by the commission pursuant to Chapter 8 (commencing with Section 5351) of Division 2. +(b)The provisions of this article shall be administered in a manner that encourages the effective and efficient participation of all groups that have a stake in the public utility regulation process. +(c)The process for finding eligibility for intervenor compensation be streamlined, by simplifying the preliminary showing by an intervenor of issues, budget, and costs. +(d)Intervenors be compensated for making a substantial contribution to proceedings of the commission, as determined by the commission in its orders and decisions. +(e)Intervenor compensation be awarded to eligible intervenors in a timely manner, within a reasonable period after the intervenor has made the substantial contribution to a proceeding that is the basis for the compensation award. +(f)This article shall be administered in a manner that avoids unproductive or unnecessary participation that duplicates the participation of similar interests otherwise adequately represented or participation that is not necessary for a fair determination of the proceeding. +SEC. 2. +Section 1802 of the +Public Utilities Code +is amended to read: +1802. +As used in this article: +(a)“Compensation” means payment for all or part, as determined by the commission, of reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any. +(b)(1)“Customer” means any of the following: +(A)A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation or representing consumers, customers, or passengers of any corporation subject to regulation by the commission pursuant to Chapter 8 (commencing with Section 5351) of Division 2. +(B)A representative who has been authorized by a customer. +(C)A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation. +(2)“Customer” does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the commission’s opinion, was established or formed by a local government entity for the purpose of participating in a commission proceeding. +(c)“Expert witness fees” means recorded or billed costs incurred by a customer for an expert witness. +(d)“Other reasonable costs” means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution. +(e)“Party” means any interested party, respondent public utility, or commission staff in a hearing or proceeding. +(f)“Proceeding” means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission. +(g)“Significant financial hardship” means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocate’s fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding. +(h)“Small commercial customer” means any nonresidential customer with a maximum peak demand of less than 50 kilowatts. The commission may establish rules to modify or change the definition of “small commercial customer,” including use of criteria other than a peak demand threshold, if the commission determines that the modification or change will promote participation in proceedings at the commission by organizations representing small businesses, without incorporating large commercial and industrial customers. +(i)“Substantial contribution” means that, in the judgment of the commission, the customer’s presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. Where the customer’s participation has resulted in a substantial contribution, even if the decision adopts that customer’s contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocate’s fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation. +SEC. 3. +Section 1809 is added to the +Public Utilities Code +, to read: +1809. +The commission shall deny any claim for compensation for contributions to a closed proceeding unless otherwise specified in this article.","Charter-party carriers of passengers, including transportation network companies, are subject to the jurisdiction and control of the Public Utilities Commission under the Passenger Charter-party Carriers’ Act. +This bill would require the commission to establish a telephone communications service, with a designated telephone number, that would be available to members of the public to communicate to the commission any concerns, or register complaints, regarding service provided by charter-party carriers of passengers, including transportation network companies. The bill would require each charter-party carrier of passengers to include the telephone number designated by the commission on all contracts for service made after January 1, 2018, and for a transportation network company or other charter-party carrier of passengers that arranges for transportation utilizing application software, commonly termed an app, the bill would require that the customer be notified of the existence of, andf the Passenger Charter-party Carriers’ Act or an order or direction of the commission pursuant to the act is a crime. +Because the provisions of this bill are within the act and require action by the commission to implement its requirements, a violation of these provisions would impose a state-mandated local program by creating a new crime. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason. +Under existing law, the Public Utilities Commission has broad regulatory authority pursuant to the California Constitution and the Public Utilities Act over public utilities, as defined, including common carriers, toll bridge corporations, electrical corporations, gas corporations, pipeline corporations, telephone corporations, telegraph corporations, water corporations, sewer system corporations, and heat corporations. In addition, the commission has more limited authority over certain other corporations, including charter-party carriers of passengers. Existing law provides compensation for reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs to public utility customers and representatives of customers for participation or intervention in formal proceedings of the commission involving electrical, gas, water, telegraph, and telephone public utilities. +This bill would additionally authorize compensation to be awarded by the commission for reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs to customers and representatives of customers for participation or intervention in formal proceedings of the commission involving a corporation that is subject to regulation by the commission pursuant to the Passenger Charter-Party Carriers’ Act. +Existing law requires the commission to deny compensation to any customer who attempts to delay or obstruct the orderly and timely fulfillment of the commission’s responsibilities. +This bill would require the commission to deny any claim for compensation for contributions to a closed proceeding unless otherwise specified.","An act to +amend Sections 1801.3 and 1802 of, and to add Section 1809 to, +add Section 5388 to +the Public Utilities Code, relating to +proceedings of +the Public Utilities Commission." +1154,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 4.5 (commencing with Section 12097) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read: +Article 4.5. California Permit Assistance +12097. +(a) The Permit Assistance Program is hereby created within the Governor’s Office of Business and Economic Development. +(b) The program shall do all of the following: +(1) Provide permitting and regulatory compliance assistance to businesses. +(2) Assist businesses in accessing information and resources related to permitting and regulatory compliance. +(3) Provide mediation and third-party neutral facilitation to resolve conflicts between applicants and permitting and regulatory entities. +(4) Work with federal, state, regional, and local permitting and regulatory entities to exchange best practices and implement improvements to modernize permitting processes. +(5) Manage and regularly update the office’s Internet Web site pursuant to Section 12097.1. +(c) The program shall work cooperatively with local, regional, federal, and other state public agencies and private sector business and economic development organizations. +(d) Notwithstanding Section 10231.5, the Governor’s Office of Business and Economic Development shall report to the Governor and the Legislature annually on the activities and outcomes of the program. +SEC. 2. +Section 12019.5 of the Government Code is amended and renumbered to read: +12097.1. +(a) The director shall ensure that the office’s Internet Web site contains information on the licensing, permitting, and registration requirements of state agencies, and shall include, but not be limited to, information that does all of the following: +(1) Assists individuals with identifying the type of applications, forms, or other similar documents an applicant may need. +(2) Provides a direct link to a digital copy of all state licensing, permitting, and registration applications, forms, or other similar documents where made available for download. +(3) Instructs individuals on how and where to submit applications, forms, or other similar documents. +(b) The director shall ensure that the office’s Internet Web site contains information on the fee requirements and fee schedules of state agencies, and shall include, but not be limited to, information that does all of the following: +(1) Assists individuals with identifying the types of fees and their due dates. +(2) Provides direct links to the fee requirements and fee schedules for all state agencies, where made available for download. +(3) Instructs individuals on how and where to submit payments. +(c) The office shall ensure that the Internet Web site is user-friendly and provides accurate, updated information. +(d) (1) Each state agency that has licensing, permitting, or registration authority shall provide direct links to information about its licensing, permitting, and registration requirements and fee schedule to the office. +(2) A state agency shall not use the Internet Web site established under this section as the exclusive source of information for the public to access licensing requirements and fees for that agency. +(e) The office may impose a reasonable fee, not to exceed the actual cost to provide the service, as a condition of accessing information on the Internet Web site established under subdivisions (a) and (b). +SEC. 3. +Section 65460.5 of the Government Code is amended to read: +65460.5. +A city or county establishing a district and preparing a plan pursuant to this article shall be eligible for available transportation funding. +SEC. 4. +Section 65923.8 of the Government Code is amended to read: +65923.8. +Any state agency which is the lead agency for a development project shall inform the applicant for a permit that the Governor’s Office of Business and Economic Development has been created to assist, and provide information to, developers relating to the permit approval process. +SEC. 5. +Section 66033 of the Government Code is repealed. +SEC. 6. +Section 25199.4 of the Health and Safety Code is repealed. +SEC. 7. +Section 25199.7 of the Health and Safety Code is amended to read: +25199.7. +(a) At least 90 days before filing an application for a land use decision for a specified hazardous waste facility project with a local agency, the proponent shall file a notice of intent to make the application with the Department of Toxic Substances Control and with the applicable city or county. The notice of intent shall specify the location to which the notice of intent is applicable and shall contain a complete description of the nature, function, and scope of the project. The Department of Toxic Substances Control shall immediately notify affected state agencies of the notice of intent. The local agency shall publish a notice in a newspaper of general circulation in the area affected by the proposed project, shall post notices in the location where the proposed project is located, and shall notify, by a direct mailing, the owners of contiguous property, as shown in the latest equalized assessment roll. A notice of intent filed with a local agency shall be accompanied by a fee which shall be set by the local agency in an amount equal to the local agency’s cost of processing the notice of intent and carrying out the notification requirements of this subdivision. A notice of intent is not transferable to a location other than the location specified in the notice and shall remain in effect for one year from the date it is filed with a local agency or until it is withdrawn by the proponent, whichever is earlier. +(b) A notice of intent is not effective and a proponent may not file an application for a land use decision for a specified hazardous waste facility project with a local agency unless the proponent has first complied with subdivision (a). +(c) Within 90 days after a notice of intent is filed with the Department of Toxic Substances Control pursuant to subdivision (a), the department shall convene a public meeting in the affected city or county to inform the public on the nature, function, and scope of the proposed specified hazardous waste facility project and the procedures that are required for approving applications for the project. +(d) The legislative body of the affected local agency shall appoint a seven member local assessment committee to advise it in considering an application for a land use decision for a specified hazardous waste facility project. The members of the local assessment committee may be appointed at any time after the notice of intent is filed with the local agency but shall be appointed not later than 30 days after the application for the land use decision is accepted as complete by the local agency. The local agency shall charge the project proponent a fee to cover the local agency’s costs of establishing and convening the local assessment committee. The fee shall accompany the application for a land use decision. +(1) The membership of the committee shall be broadly constituted to reflect the makeup of the community, and shall include three representatives of the community at large, two representatives of environmental or public interest groups, and two representatives of affected businesses and industries. Members of local assessment committees selected pursuant to this subdivision shall have no direct financial interest, as defined in Section 87103 of the Government Code, in the proposed specified hazardous waste facility project. +(2) The local assessment committee shall, as its primary function, advise the appointing legislative body of the affected local agency of the terms and conditions under which the proposed hazardous waste facility project may be acceptable to the community. To carry out this function, the local assessment committee shall do all of the following: +(A) Enter into a dialogue with the proponent for the proposed hazardous waste facility project to reach an understanding with the proponent on both of the following: +(i) The measures that should be taken by the proponent in connection with the operation of the proposed hazardous waste facility project to protect the public health, safety, and welfare, and the environment of the city or county. +(ii) The special benefits and remuneration the facility proponent will provide the city or county as compensation for the local costs associated with the operation of the facility. +(B) Represent generally, in meetings with the project proponent, the interests of the residents of the city or county and the interests of adjacent communities. +(C) Receive and expend any technical assistance grants made available pursuant to subdivision (g). +(D) Adopt rules and procedures which are necessary to perform its duties. +(E) Advise the legislative body of the city or county of the terms, provisions, and conditions for project approval which have been agreed upon by the committee and the proponent, and of any additional information which the committee deems appropriate. The legislative body of the city or county may use this advice for its independent consideration of the project. +(3) The legislative body of the affected jurisdiction shall provide staff resources to assist the local assessment committee in performing its duties. +(4) A local assessment committee established pursuant to this subdivision shall cease to exist after final administrative action by state and local agencies has been taken on the permit applications for the project for which the committee was convened. +(e) A local agency shall notify the Department of Toxic Substances Control within 10 days after an application for a land use decision for a specified hazardous waste facility project is accepted as complete by the local agency and, within 60 days after receiving this notice, the Department of Toxic Substances Control shall convene a meeting of the lead and responsible agencies for the project, the proponent, the local assessment committee, and the interested public, for the purpose of determining the issues which concern the agencies that are required to approve the project and the issues which concern the public. The meeting shall take place in the jurisdiction where the application has been filed. +(f) Following the meeting required by subdivision (e), the proponent and the local assessment committee appointed pursuant to subdivision (d) shall meet and confer on the specified hazardous waste facility project proposal for the purpose of establishing the terms and conditions under which the project will be acceptable to the community. +(g) (1) If the local assessment committee finds that it requires assistance and independent advice to adequately review a proposed hazardous waste facility project, it may request technical assistance grants from the local agency to enable the committee to hire a consultant. The committee may use technical assistance grant funds made available to it to hire a consultant to do either, or both, of the following: +(A) Assist the committee in reviewing and evaluating the application for the project, the environmental documents prepared for the project pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and any other documents, materials, and information that are required by a public agency in connection with the application for a land use decision or a permit. +(B) Advise the local assessment committee in its meetings and discussions with the facility proponent to seek agreement on the terms and conditions under which the project will be acceptable to the community. +(2) The local agency shall require the proponent of the proposed hazardous waste facility project to pay a fee equal to the amount of any technical assistance grant provided the local assessment committee under paragraph (1). The funds received as a result of the imposition of the fee shall be used to make technical assistance grants exclusively for the purposes described in paragraph (1). +(3) The local agency shall deposit any fee imposed pursuant to paragraph (2) in an account created in the city or county treasury, maintain records of all expenditures from the account, and return any unused funds and accrued interest to the project proponent upon completion of the review of the proposed hazardous waste facility project. +(h) This section applies only to a specified hazardous waste facility project. +SEC. 8. +Section 25616 of the Public Resources Code is amended to read: +25616. +(a) It is the intent of the Legislature to encourage local agencies to expeditiously review permit applications to site energy projects, and to encourage energy project developers to consider all cost-effective and environmentally superior alternatives that achieve their project objectives. +(b) Subject to the availability of funds appropriated therefor, the commission shall provide technical assistance and grants-in-aid to assist local agencies to do either or both of the following: +(1) Site energy production or transmission projects which are not otherwise subject to the provisions of Chapter 6 (commencing with Section 25500). +(2) Integrate into their planning processes, and incorporate into their general plans, methods to achieve cost-effective energy efficiency. +(c) The commission shall provide assistance at the request of local agencies. +(d) As used in this section, an energy project is any project designed to produce, convert, or transmit energy as one of its primary functions.","Previously existing law established the Office of Permit Assistance within the Trade and Commerce Agency to, among other things, provide information to developers relating to the permit approval process. Under existing law, a state agency which is the lead agency for a development project is required to inform the applicant for a permit that the Office of Permit Assistance has been created for this purpose. +This bill would instead require a state agency that is a lead agency for a development project to inform the applicant for a permit that the Governor’s Office of Business and Economic Development has been created for this purpose. The bill would also delete various obsolete provisions relating to the Office of Permit Assistance. +Existing law establishes procedures for a land use decision by a local agency concerning a specified hazardous waste facility project, as defined. Existing law requires the Office of Permit Assistance to take specified actions with regard to land use decisions regarding a proposed hazardous waste facility project. +This bill would transfer these duties to the Department of Toxic Substances Control. +Existing law requires the Director of the Governor’s Office of Business and Economic Development to ensure that the office’s Internet Web site contains information to assist an individual with the licensing, permitting, and registration requirements necessary to start a business, including fee requirements and fee schedules of state agencies. +This bill would establish the Permit Assistance Program within the Governor’s Office of Business and Economic Development. The bill would require the program to, among other things, provide permitting and regulatory compliance assistance to businesses and provide mediation and 3rd-party neutral facilitation to resolve conflicts between applicants and permitting and regulatory entities. The bill would require the program to manage and regularly update the tools provided on the office’s Internet Web site. The bill would require the office to report annually on the activities and outcomes of the program.","An act to amend Sections 65460.5 and 65923.8 of, to amend and renumber Section 12019.5 of, to add Article 4.5 (commencing with Section 12097) to Chapter 1.6 of Part 2 of Division 3 of Title 2 to, and to repeal Section 66033 of, the Government Code, to amend Section 25199.7 of, and to repeal Section 25199.4 of, the Health and Safety Code, and to amend Section 25616 of the Public Resources Code, relating to state government." +1155,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 18150 of the Penal Code is amended to read: +18150. +(a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition. +(2) For purposes of this subdivision, “immediate family member” has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4. +(3) Nothing in this chapter shall be construed to require a person described in paragraph (1) to seek a gun violence restraining order. +(b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true: +(1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155. +(2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject of the petition. +(c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist. +(d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court. +SEC. 2. +Section 18170 of the Penal Code is amended to read: +18170. +(a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year. +(2) Nothing in this chapter shall be construed to require a person described in paragraph (1) to seek a gun violence restraining order. +(b) For purposes of this subdivision, “immediate family member” has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4. +SEC. 3. +Section 18190 of the Penal Code is amended to read: +18190. +(a) (1) An immediate family member of a restrained person, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order. +(2) For purposes of this subdivision, “immediate family member” has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4. +(3) Nothing in this chapter shall be construed to require a person described in paragraph (1) to seek a gun violence restraining order. +(b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true. +(c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155. +(d) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true. +(e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter. +(f) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of one year, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section. +(g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180.","Existing law authorizes a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law requires the ex parte order to expire no later than 21 days after the date on the order. Existing law also authorizes a court to issue a gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law authorizes renewal of a gun violence restraining order within 3 months of the order’s expiration. Petitions for ex parte, one-year, and renewed gun violence restraining orders may be made by an immediate family member of the person or by a law enforcement officer. +This bill would also authorize an employer, a coworker, a mental health worker who has seen the person as a patient in the last 6 months, or an employee of a secondary or postsecondary school that the person has attended in the last 6 months to file a petition for an ex parte, one-year, or renewed gun violence restraining order. This bill would also specify that these provisions shall not be construed to require any of those persons to seek a gun violence restraining order.","An act to amend Sections 18150, 18170, and 18190 of the Penal Code, relating to firearms." +1156,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) K–12 students are particularly vulnerable to solicitations for educational leadership conferences or forums that may appear to be selective awards or competitive honors, but are in fact sophisticated solicitations from for-profit companies. +(b) While such conferences and forums may have merit as learning experiences for students, it is nevertheless important to ensure that students, parents, and teachers are not misled by these solicitations. The State of California has previously enacted laws regulating educational travel organizations in order to protect students engaged in educational travel. +(c) Because it is of the utmost importance that the State of California take action to protect students from false or misleading advertising, promote high-quality educational travel experiences, encourage public confidence in leadership conferences, and assist organizations soliciting participation in these conferences in complying with safe and reputable practices, it is the intent of the Legislature to establish appropriate marketing restrictions and disclosure requirements on these solicitations. +(d) The Legislature recognizes the contributions that many nonprofit service organizations have made in the area of youth leadership training, such as the Boys and Girls State programs organized by the American Legion and the Rotary Youth Leadership Awards and Interact programs operated by the Rotary Club. These programs have demonstrated a strong commitment to youth education and civic awareness in diverse communities across the nation for decades, often at little or no cost to the participants. +SEC. 2. +Section 17531.3 is added to the Business and Professions Code, to read: +17531.3. +(a) For purposes of this section, the following terms have the following meanings: +(1) “Educational conference” means a conference, forum, camp, or other similar event, intended to develop the leadership, career, or college readiness of a student or provide some other form of educational benefit, when participation in the event is represented as being limited to students receiving an award, invitation, or nomination to participate in the event. +(2) “Educational conference organization” or “organization” means a person, partnership, corporation, or other entity that operates in a for-profit manner and that plans and advertises educational conferences to students residing in the State of California. +(3) “Student” means a person who is enrolled in elementary or secondary school, grade kindergarten through grade 12, at the time an educational conference is arranged with an educational conference organization. +(b) An educational conference organization that provides materials related to an educational conference directly to a school or any employee thereof for purposes of distribution to a student shall comply with all of the following: +(1) The organization shall provide the materials in a sealed envelope or other packaging addressed to the parent or legal guardian of the student. +(2) The organization shall include with the materials all of the following disclosures, in clear and conspicuous language: +(A) That the materials constitute a solicitation for the sale of a product. +(B) The legal form of the organization making the solicitation, including the for-profit status of the organization. +(C) The legal owner, if any, of the organization making the solicitation. +(D) The specific eligibility criteria required for participation in the solicited educational conference or conferences, if any. +(E) An itemized list of the costs to participate in the educational conference and the total price of participating in the educational conference, including estimated expenses not included in the price of the educational conference. +(F) That attendance at an educational conference may not affect a student’s chances of being admitted to college and that a parent or guardian should contact the student’s school counselor for more information. +(G) Whether or not a nomination from a teacher or school administrator is required to participate in the educational conference, or if an individual may be self-nominated or nominated by a parent or guardian. +(H) The total amount, if any, of funding or other support, including employment or grants for school supplies, the organization has provided to the student’s school or the school’s employees during the last three years before the date of the solicitation. +(I) A phone number, email address, or Internet Web site that a parent or guardian may use to contact a government agency within the relevant jurisdiction for purposes of filing a complaint related to the solicitation or the educational conference itself. +(3) The organization shall provide the disclosures described in paragraph (2) on separate documents addressed to the school and to any employee thereof who is asked to distribute materials to a student. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law prohibits various specified advertising practices, including, among others, the placement by an educational travel organization, as defined, or use of any misleading or untruthful advertising or statements or making of a substantial misrepresentation in conducting an educational travel program. Under existing law, the violation of any of these prohibitions is a misdemeanor. +This bill would require an educational conference organization, as defined, that provides materials related to an educational conference, as defined, directly to a school or school employee for purposes of distribution to a student to include specified disclosures with the materials, to provide those disclosures to the school and specified school employees, and to provide the materials in a sealed envelope or other packaging addressed to the parent or legal guardian of the student. As a violation of these provisions would be a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 17531.3 to the Business and Professions Code, relating to advertising." +1157,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 26909 of the Government Code is amended to read: +26909. +(a) (1) The county auditor shall either make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of every special district within the county for which an audit by a certified public accountant or public accountant is not otherwise provided. In each case, the minimum requirements of the audit shall be prescribed by the Controller and shall conform to generally accepted auditing standards. +(2) If an audit of a special district’s accounts and records is made by a certified public accountant or public accountant, the minimum requirements of the audit shall be prescribed by the Controller and shall conform to generally accepted auditing standards, and a report thereof shall be filed with the Controller and with the county auditor of the county in which the special district is located. The report shall be filed within 12 months of the end of the fiscal year or years under examination. +(3) Any costs incurred by the county auditor, including contracts with, or employment of, certified public accountants or public accountants, in making an audit of every special district pursuant to this section shall be borne by the special district and shall be a charge against any unencumbered funds of the district available for the purpose. +(4) For a special district that is located in two or more counties, this subdivision shall apply to the auditor of the county in which the treasury is located. +(5) The county controller, or ex officio county controller, shall effect this section in those counties having a county controller or ex officio county controller. +(b) A special district may, by unanimous request of the governing board of the special district and with unanimous approval of the board of supervisors, replace the annual audit required by this section with one of the following, performed in accordance with professional standards, as determined by the county auditor: +(1) A biennial audit covering a two-year period. +(2) An audit covering a five-year period if the special district’s annual revenues do not exceed an amount specified by the board of supervisors. +(3) An audit conducted at specific intervals, as recommended by the county auditor, that shall be completed at least once every five years. +(c) (1) A special district may, by unanimous request of the governing board of the special district and with unanimous approval of the board of supervisors, replace the annual audit required by this section with a financial review, or an agreed-upon procedures engagement, in accordance with the appropriate professional standards, as determined by the county auditor, if the following conditions are met: +(A) All of the special district’s revenues and expenditures are transacted through the county’s financial system. +(B) The special district’s annual revenues do not exceed one hundred fifty thousand dollars ($150,000). +(C) The special district shall pay for any costs incurred by the county auditor in performing an agreed-upon procedures engagement. Those costs shall be charged against any unencumbered funds of the district available for that purpose. +(2) If the board of supervisors is the governing board of the special district, it may, upon unanimous approval, replace the annual audit of the special district required by this section with a financial review, or an agreed-upon procedures engagement, in accordance with the appropriate professional standards, as determined by the county auditor, if the special district satisfies the requirements of subparagraphs (A) and (B) of paragraph (1). +(d) (1) A special district may, by annual unanimous request of the governing board of the special district and with annual unanimous approval of the board of supervisors, replace the annual audit required by this section with an annual financial compilation of the special district to be performed by the county auditor in accordance with professional standards, if all of the following conditions are met: +(A) All of the special district’s revenues and expenditures are transacted through the county’s financial system. +(B) The special district’s annual revenues do not exceed one hundred fifty thousand dollars ($150,000). +(C) The special district shall pay for any costs incurred by the county auditor in performing a financial compilation. Those costs shall be a charge against any unencumbered funds of the district available for that purpose. +(2) A special district shall not replace an annual audit required by this section with an annual financial compilation of the special district pursuant to paragraph (1) for more than five consecutive years, after which a special district shall comply with subdivision (a). +(e) Notwithstanding this section, a special district shall be exempt from the requirement of an annual audit if the financial statements are audited by the Controller to satisfy federal audit requirements. +(f) Upon receipt of the financial review, agreed-upon procedures engagement, or financial compilation, the county auditor shall have the right to appoint, pursuant to subdivision (a), a certified public accountant or a public accountant to conduct an audit of the special district, with proper notice to the governing board of the special district and board of supervisors. +(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. +SEC. 2. +Section 26909 is added to the Government Code, to read: +26909. +(a) (1) The county auditor shall either make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of every special district within the county for which an audit by a certified public accountant or public accountant is not otherwise provided. In each case, the minimum requirements of the audit shall be prescribed by the Controller and shall conform to generally accepted auditing standards. +(2) If an audit of a special district’s accounts and records is made by a certified public accountant or public accountant, the minimum requirements of the audit shall be prescribed by the Controller and shall conform to generally accepted auditing standards, and a report thereof shall be filed with the Controller and with the county auditor of the county in which the special district is located. The report shall be filed within 12 months of the end of the fiscal year or years under examination. +(3) Any costs incurred by the county auditor, including contracts with, or employment of, certified public accountants or public accountants, in making an audit of every special district pursuant to this section shall be borne by the special district and shall be a charge against any unencumbered funds of the district available for the purpose. +(4) For a special district that is located in two or more counties, this subdivision shall apply to the auditor of the county in which the treasury is located. +(5) The county controller, or ex officio county controller, shall effect this section in those counties having a county controller or ex officio county controller. +(b) A special district may, by unanimous request of the governing board of the special district and with unanimous approval of the board of supervisors, replace the annual audit required by this section with one of the following, performed in accordance with professional standards, as determined by the county auditor: +(1) A biennial audit covering a two-year period. +(2) An audit covering a five-year period if the special district’s annual revenues do not exceed an amount specified by the board of supervisors. +(3) An audit conducted at specific intervals, as recommended by the county auditor, that shall be completed at least once every five years. +(c) (1)   A special district may, by unanimous request of the governing board of the special district and with unanimous approval of the board of supervisors, replace the annual audit required by this section with a financial review, in accordance with the appropriate professional standards, as determined by the county auditor, if the following conditions are met: +(A) All of the special district’s revenues and expenditures are transacted through the county’s financial system. +(B) The special district’s annual revenues do not exceed one hundred fifty thousand dollars ($150,000). +(2) If the board of supervisors is the governing board of the special district, it may, upon unanimous approval, replace the annual audit of the special district required by this section with a financial review in accordance with the appropriate professional standards, as determined by the county auditor, if the special district satisfies the requirements of subparagraphs (A) and (B) of paragraph (1). +(d) Notwithstanding this section, a special district shall be exempt from the requirement of an annual audit if the financial statements are audited by the Controller to satisfy federal audit requirements. +(e) The section shall become operative on January 1, 2027.","Existing law requires the county auditor to either perform an audit, or contract with a certified public accountant or public accountant to perform an audit, of the accounts and records of every special district within the county, as specified. Existing law authorizes a special district, by unanimous request of its governing board and unanimous approval by the board of supervisors, to replace the annual audit with an audit over a longer period of time or with a financial review, as specified. +This bill would additionally authorize a special district, until January 1, 2027, by unanimous request of its governing board and with unanimous approval of the board of supervisors, to replace the annual audit for not more than 5 consecutive years with an annual financial compilation of the special district to be performed by the county auditor, or with an agreed-upon procedures engagement, in accordance with professional standards, if certain conditions are met.","An act to amend, repeal, and add Section 26909 of the Government Code, relating to local government." +1158,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 30013 is added to the Public Resources Code, to read: +30013. +The Legislature further finds and declares that in order to advance the principles of environmental justice and equality, subdivision (a) of Section 11135 of the Government Code and subdivision (e) of Section 65040.12 of the Government Code apply to the commission and all public agencies implementing the provisions of this division. As required by Section 11135 of the Government Code, no person in the State of California, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, shall be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination, under any program or activity that is conducted, operated, or administered pursuant to this division, is funded directly by the state for purposes of this division, or receives any financial assistance from the state pursuant to this division. +SEC. 2. +Section 30107.3 is added to the Public Resources Code, to read: +30107.3. +“Environmental justice” means the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. +SEC. 3. +Section 30301 of the Public Resources Code is amended to read: +30301. +The commission shall consist of the following 15 members: +(a) The Secretary of the Natural Resources Agency. +(b) The Secretary of Transportation. +(c) The Chairperson of the State Lands Commission. +(d) Six representatives of the public from the state at large. The Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint two of these members. +(e) Six representatives selected from six coastal regions. The Governor shall select one member from the north coast region and one member from the south central coast region. The Speaker of the Assembly shall select one member from the central coast region and one member from the San Diego coast region. The Senate Committee on Rules shall select one member from the north central coast region and one member from the south coast region. For purposes of this division, these regions are defined as follows: +(1) The north coast region consists of the Counties of Del Norte, Humboldt, and Mendocino. +(2) The north central coast region consists of the Counties of Sonoma and Marin and the City and County of San Francisco. +(3) The central coast region consists of the Counties of San Mateo, Santa Cruz, and Monterey. +(4) The south central coast region consists of the Counties of San Luis Obispo, Santa Barbara, and Ventura. +(5) The south coast region consists of the Counties of Los Angeles and Orange. +(6) The San Diego coast region consists of the County of San Diego. +(f) Of the representatives appointed by the Governor pursuant to subdivision (d) or (e), one of the representatives shall reside in, and work directly with, communities in the state that are disproportionately burdened by, and vulnerable to, high levels of pollution and issues of environmental justice, including, but not limited to, communities with diverse racial and ethnic populations and communities with low-income populations. The Governor shall appoint a representative qualified pursuant to this subdivision to a vacant position from the appointments available pursuant to either subdivision (d) or (e) no later than the fourth appointment available after January 1, 2017. +SEC. 4. +Section 30604 of the Public Resources Code is amended to read: +30604. +(a) Prior to certification of the local coastal program, a coastal development permit shall be issued if the issuing agency, or the commission on appeal, finds that the proposed development is in conformity with Chapter 3 (commencing with Section 30200) and that the permitted development will not prejudice the ability of the local government to prepare a local coastal program that is in conformity with Chapter 3 (commencing with Section 30200). A denial of a coastal development permit on grounds it would prejudice the ability of the local government to prepare a local coastal program that is in conformity with Chapter 3 (commencing with Section 30200) shall be accompanied by a specific finding that sets forth the basis for that conclusion. +(b) After certification of the local coastal program, a coastal development permit shall be issued if the issuing agency, or the commission on appeal, finds that the proposed development is in conformity with the certified local coastal program. +(c) Every coastal development permit issued for any development between the nearest public road and the sea or the shoreline of any body of water located within the coastal zone shall include a specific finding that the development is in conformity with the public access and public recreation policies of Chapter 3 (commencing with Section 30200). +(d) No development or any portion thereof that is outside the coastal zone shall be subject to the coastal development permit requirements of this division, nor shall anything in this division authorize the denial of a coastal development permit by the commission on the grounds the proposed development within the coastal zone will have an adverse environmental effect outside the coastal zone. +(e) No coastal development permit may be denied under this division on the grounds that a public agency is planning or contemplating to acquire the property, or property adjacent to the property, on which the proposed development is to be located, unless the public agency has been specifically authorized to acquire the property and there are funds available, or funds that could reasonably be expected to be made available within one year, for the acquisition. If a permit has been denied for that reason and the property has not been acquired by a public agency within a reasonable period of time, a permit may not be denied for the development on grounds that the property, or adjacent property, is to be acquired by a public agency when the application for such a development is resubmitted. +(f) The commission shall encourage housing opportunities for persons of low and moderate income. In reviewing residential development applications for low- and moderate-income housing, as defined in paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code, the issuing agency, or the commission on appeal, may not require measures that reduce residential densities below the density sought by an applicant if the density sought is within the permitted density or range of density established by local zoning plus the additional density permitted under Section 65915 of the Government Code, unless the issuing agency or the commission on appeal makes a finding, based on substantial evidence in the record, that the density sought by the applicant cannot feasibly be accommodated on the site in a manner that is in conformity with Chapter 3 (commencing with Section 30200) or the certified local coastal program. +(g) The Legislature finds and declares that it is important for the commission to encourage the protection of existing and the provision of new affordable housing opportunities for persons of low and moderate income in the coastal zone. +(h) When acting on a coastal development permit, the issuing agency, or the commission on appeal, may consider environmental justice, or the equitable distribution of environmental benefits throughout the state.","Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the membership and functions and duties of the commission. Existing law provides that the commission consists of 15 members. +This bill would require one of the members of the commission appointed by the Governor to reside in, and work directly with, communities in the state that are disproportionately burdened by, and vulnerable to, high levels of pollution and issues of environmental justice, as defined. The bill would require that the Governor appoint a member who meets these qualifications to a vacant position from the appointments available no later than the fourth appointment available after January 1, 2017. +Existing law requires any person, as defined, wishing to perform or undertake any development, as defined, in the coastal zone to obtain a permit, except as provided. Existing law prescribes a process for the certification of local coastal programs in the state and requires, after certification of the local coastal program, a coastal development permit to be issued if the issuing agency, or the commission on appeal, finds that the proposed development is in conformity with the certified local coastal program. +This bill would authorize the issuing agency, or the commission on appeal, to consider environmental justice, as defined, or the equitable distribution of environmental benefits in communities throughout the state, when acting on a coastal development permit.","An act to amend Sections 30301 and 30604 of, and to add Sections 30013 and 30107.3 to, the Public Resources Code, relating to coastal resources." +1159,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 3.8 (commencing with Section 390) is added to Division 1 of the Water Code, to read: +CHAPTER 3.8. Cost-Effective Water Conservation Measures +390. +It is the intent of the Legislature to promote water-resilient communities by having the state identify the relative cost-effectiveness of water efficiency measures and recommend those that have the potential to cost-effectively achieve the greatest reduction in water use, taking into consideration local conditions, and to produce net environmental benefits that outweigh any adverse environmental impacts. +391. +As used in this chapter: +(a) “Adverse environmental impacts” include, but are not limited to, impacts on climate change, net effects on carbon sequestration, increased erosion, and impacts to stormwater runoff. +(b) “Evapotranspiration” means a loss of water from the soil, including losses resulting from evaporation and losses resulting from transpiration from the plants growing on the soil. +(c) “Highly efficient consumer appliances and landscape systems” include, but are not limited to, irrigation systems, toilets, showers, pool covers, and clothes washers. +(d) “Public entity” has the same meaning as defined in Section 375. +(e) “Turfgrass” means any living grass that is used in fields or yards at a residential or commercial property, private park, athletic field, or public school. +392. +By December 1, 2017, the department, in consultation with persons that include, but are not limited to, subject matter experts at the University of California, the California State University, the board, the State Energy Resources Conservation and Development Commission, and local water districts, shall develop and solicit comments on a proposed report that contains all of the following: +(a) An analysis of the relative costs and benefits of incentives for various water efficiency measures, including the consideration of the impact of evapotranspiration rates in different hydrological regions of the state. The water efficiency measures considered shall include, but not be limited to, the following: +(1) Turfgrass removal and replacement with either drought-resistant turfgrass or artificial turf. +(2) Turfgrass removal and replacement with native or drought-tolerant plants. +(3) Non-native or high water using plant removal and replacement with native or drought-tolerant plants, drought-resistant turfgrass, or artificial turf. +(4) The use of conservation-based irrigation technology such as smart controllers. +(5) Investments in graywater infrastructure to supply water to outdoor landscapes. +(6) Rebates for highly efficient consumer appliances and landscape systems. +(b) An analysis of adverse environmental impacts that would result from the water efficiency measures considered pursuant to subdivision (a). +(c) The projected benefits of recommended voluntary water efficiency measures. +393. +By July 1, 2018, the department shall issue a final report that contains both of the following: +(a) All material developed pursuant to Section 392, updated as appropriate to further the intent of this chapter. +(b) Recommendations to public entities to help them achieve water-resilient communities and prioritize cost-effective water efficiency measures with low adverse environmental impacts based on local conditions, such as education, granting incentives or rebates, or other voluntary measures. +SECTION 1. +Chapter 7.8 (commencing with Section 25685) is added to Division 15 of the +Public Resources Code +, to read: +7.8. +Cost-Effective Water Efficiency Measures +25685. +It is the intent of the Legislature that the state identify and recommend the most cost-effective water efficiency measures that achieve the greatest reduction in water use and produce net environmental benefits that outweigh any unintended adverse environmental impacts. +25686. +As used in this chapter: +(a)“Evapotranspiration” means a loss of water from the soil, including losses resulting from evaporation and losses resulting from transpiration from the plants growing on the soil. +(b)“Highly efficient consumer appliances and landscape systems” include, but are not limited to, irrigation systems, toilets, showers, pool covers, and clothes washers. +(c)“Public entity” has the same meaning as defined in Section 375 of the Water Code. +(d)“Turfgrass” means any living grass that is used in fields or yards at a residential or commercial property, private park, athletic field, or public school. +(e)“Unintended adverse environmental impacts” include, but are not limited to, impacts on climate change, net effect on carbon sequestration, increased erosion, and impacts to stormwater runoff. +25687. +By December 1, 2017, the commission, in consultation with persons that include, but are not limited to, subject matter experts at the University of California, the California State University, and local water districts, and in cooperation with the State Water Resources Control Board and the Department of Water Resources, shall develop and solicit comments on a proposed report that contains all of the following: +(a)An analysis of the relative costs and benefits of incentives for various water efficiency measures, including the consideration of the impact of evapotranspiration rates in different hydrological regions of the state. The water efficiency measures considered shall include, but not be limited to, the following: +(1)Turfgrass removal and replacement with either drought-resistant turfgrass or artificial turf. +(2)Turfgrass removal and replacement with native or drought-tolerant plants. +(3)The use of conservation-based irrigation technology such as smart controllers. +(4)Investments in graywater infrastructure to supply water to outdoor landscapes. +(5)Rebates for highly efficient consumer appliances and landscape systems. +(b)An analysis of any unintended adverse environmental impacts that would result from the water efficiency measures considered pursuant to subdivision (a). +(c)The projected benefits of recommended voluntary water efficiency measures. +25688. +By July 1, 2018, the commission shall issue a final report that contains all of the following: +(a)An identification of the most cost-effective incentives for water efficiency measures in terms of water use reduction per dollar spent. +(b)Recommendations to public entities to help them prioritize the most cost-effective solutions for granting incentives or rebates for water efficiency measures. +(c)An analysis of any unintended adverse environmental impacts that would result from the water efficiency measures considered pursuant to subdivision (a). +(d)The projected benefits of recommended voluntary water efficiency measures.","The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented. +Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission), on a biennial basis, to conduct assessments and forecasts of all aspects of energy industry supply, production, transportation, delivery, and distribution. Existing law requires the Energy Commission, beginning November 1, 2003, and biennially thereafter, to adopt an integrated energy policy report containing an overview of major energy trends and issues facing the state. +This bill would require the +Energy Commission +Department of Water Resources +to develop and solicit comments on a proposed report, in consultation with +certain +subject matter +experts and in cooperation with +experts at the University of California, the California State University, +the State Water Resources Control +Board and the Department of Water Resources, +Board, the State Energy Resources Conservation and Development Commission, and local water districts, +by December 1, 2017, and, by July 1, 2018, to issue a final report that contains, among other things, +the projected benefits of recommended voluntary water efficiency measures and an analysis of any unintended adverse environmental impacts that would result from various water efficiency measures. +recommendations to public entities to help them achieve water-resilient communities and prioritize cost-effective water efficiency measures with low adverse environmental impacts based on local conditions.","An act to add Chapter +7.8 (commencing with Section 25685) to Division 15 of the Public Resources +3.8 (commencing with Section 390) to Division 1 of the Water +Code, relating to water." +1160,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 53328.1 of the Government Code is amended to read: +53328.1. +(a) As an alternate and independent procedure for forming a community facilities district, the legislative body may form a community facilities district that initially consists solely of territory proposed for annexation to the community facilities district in the future, with the condition that a parcel or parcels within that territory may be annexed to the community facilities district and subjected to the special tax only with the unanimous approval of the owner or owners of the parcel or parcels at the time that the parcel or parcels are annexed. In that case, the legislative body shall follow the procedures set forth in this article for the formation of a community facilities district, with the following exceptions: +(1) The legislative body shall not be obligated to specify the rate or rates of special tax in the resolution of intention or the resolution of formation, provided that both of the following are met: +(A) The resolution of intention and the resolution of formation include a statement that the rate shall be established in an amount required to finance or refinance the authorized improvements and to pay the district’s administrative expenses. +(B) The maximum rate of special tax applicable to a parcel or parcels shall be specified in the unanimous approval described in this section relating to the parcel or parcels. +(2) The legislative body shall not be obligated to specify in the resolution of intention the conditions under which the obligation to pay the specified special tax may be prepaid and permanently satisfied. Instead, a prepayment provision may be included in the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed to the community facilities district. +(3) In lieu of approval pursuant to an election held in accordance with the procedures set forth in Sections 53326, 53327, 53327.5, and 53328, the appropriations limit for the community facilities district, the applicable rate of the special tax and the method of apportionment and manner of collection of that tax, and the authorization to incur bonded indebtedness for the community facilities district shall be specified and be approved by the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed to the community facilities district. No additional hearings or procedures are required, and the unanimous approval shall be deemed to constitute a unanimous vote in favor of the appropriations limit for the community facilities district, the authorization to levy the special tax on the parcel or parcels, and the authorization to incur bonded indebtedness for the community facilities district. +(4) Notwithstanding Section 53324, this paragraph establishes the applicable protest provisions in the event a local agency forms a community facilities district pursuant to the procedures set forth in this section. If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be annexed to the community facilities district in the future, or if the owners of one-half or more of the area of land proposed to be annexed in the future and not exempt from the special tax, file written protests against establishment of the community facilities district, and protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings to form the community facilities district shall be undertaken for a period of one year from the date of decision of the legislative body on the issues discussed at the hearing. If the majority protests of the registered voters or of the landowners are only against the furnishing of a specified type or types of facilities or services within the district, or against levying a specified special tax, those types of facilities or services or the specified special tax shall be eliminated from the resolution of formation. +(5) The legislative body shall not record a notice of special tax lien against any parcel or parcels in the community facilities district until the owner or owners of the parcel or parcels have given their unanimous approval of the parcel’s or parcels’ annexation to the community facilities district, at which time the notice of special tax lien shall be recorded against the parcel or parcels as set forth in Section 53328.3. +(b) Notwithstanding the provisions of Section 53340, after adoption of the resolution of formation for a community facilities district described in subdivision (a), the legislative body may, by ordinance, provide for the levy of the special taxes on parcels that will annex to the community facilities district at the rate or rates to be approved unanimously by the owner or owners of each parcel or parcels to be annexed to the community facilities district and for apportionment and collection of the special taxes in the manner specified in the resolution of formation. No further ordinance shall be required even though no parcels may then have annexed to the community facilities district. +(c) The local agency may bring an action to determine the validity of any special taxes levied pursuant to this chapter and authorized pursuant to the procedures set forth in this section pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. Notwithstanding Section 53359, if an action is brought by an interested person pursuant to Section 863 of the Code of Civil Procedure to determine the validity of any special taxes levied against a parcel pursuant to this chapter and authorized pursuant to the procedures set forth in this section, the action shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure, but shall, notwithstanding the time limits specified in Section 860 of the Code of Civil Procedure, be commenced within 15 days after the date on which the notice of special tax lien is recorded against the parcel. Any appeal from a judgment in any action or proceeding described in this subdivision shall be commenced within 30 days after entry of judgment. +(d) A community facilities district formed pursuant to this section may only finance facilities pursuant to subdivision (i) or (l) of Section 53313.5. +(e) In connection with formation of a community facilities district and annexation of a parcel or parcels to the community facilities district pursuant to this section, and the conduct of an election on the proposition to authorize bonded indebtedness pursuant to the alternate procedures set forth in Section 53355.5, the local agency may, without additional hearings or procedures, designate a parcel or parcels as an improvement area within the community facilities district. After the designation of a parcel or parcels as an improvement area, all proceedings for approval of the appropriations limit, the rate and method of apportionment and manner of collection of special tax and the authorization to incur bonded indebtedness for the parcel or parcels shall apply only to the improvement area. +(f) In connection with a community facilities district formed under this section, as an alternate and independent procedure for making the changes described in Section 53330.7, the changes may be made with the unanimous approval of the owner or owners of the parcel or parcels that will be affected by the change and with the written consent of the local agency. No additional hearings or procedures are required, and the unanimous approval shall be deemed to constitute a unanimous vote in favor of the proposed changes. If the proceeds of a special tax are being used to retire any debt incurred pursuant to this chapter and the unanimous approval relates to the reduction of the special tax rate, the unanimous approval shall recite that the reduction or termination of the special tax will not interfere with the timely retirement of that debt. +SEC. 1.5. +Section 53328.1 of the Government Code is amended to read: +53328.1. +(a) As an alternate and independent procedure for forming a community facilities district, the legislative body may form a community facilities district that initially consists solely of territory proposed for annexation to the community facilities district in the future, with the condition that a parcel or parcels within that territory may be annexed to the community facilities district and subjected to the special tax only with the unanimous approval of the owner or owners of the parcel or parcels at the time that the parcel or parcels are annexed. In that case, the legislative body shall follow the procedures set forth in this article for the formation of a community facilities district, with the following exceptions: +(1) The legislative body shall not be obligated to specify the rate or rates of special tax in the resolution of intention or the resolution of formation, provided that both of the following are met: +(A) The resolution of intention and the resolution of formation include a statement that the rate shall be established in an amount required to finance or refinance the authorized improvements and to pay the district’s administrative expenses. +(B) The maximum rate of special tax applicable to a parcel or parcels shall be specified in the unanimous approval described in this section relating to the parcel or parcels. +(2) The legislative body shall not be obligated to specify in the resolution of intention the conditions under which the obligation to pay the specified special tax may be prepaid and permanently satisfied. Instead, a prepayment provision may be included in the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed to the community facilities district. +(3) In lieu of approval pursuant to an election held in accordance with the procedures set forth in Sections 53326, 53327, 53327.5, and 53328, the appropriations limit for the community facilities district, the applicable rate of the special tax and the method of apportionment and manner of collection of that tax, and the authorization to incur bonded indebtedness for the community facilities district shall be specified and be approved by the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed to the community facilities district. No additional hearings or procedures are required, and the unanimous approval shall be deemed to constitute a unanimous vote in favor of the appropriations limit for the community facilities district, the authorization to levy the special tax on the parcel or parcels, and the authorization to incur bonded indebtedness for the community facilities district. +(4) Notwithstanding Section 53324, this paragraph establishes the applicable protest provisions in the event a local agency forms a community facilities district pursuant to the procedures set forth in this section. If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be annexed to the community facilities district in the future, or if the owners of one-half or more of the area of land proposed to be annexed in the future and not exempt from the special tax, file written protests against establishment of the community facilities district, and protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings to form the community facilities district shall be undertaken for a period of one year from the date of decision of the legislative body on the issues discussed at the hearing. If the majority protests of the registered voters or of the landowners are only against the furnishing of a specified type or types of facilities or services within the district, or against levying a specified special tax, those types of facilities or services or the specified special tax shall be eliminated from the resolution of formation. +(5) The legislative body shall not record a notice of special tax lien against any parcel or parcels in the community facilities district until the owner or owners of the parcel or parcels have given their unanimous approval of the parcel’s or parcels’ annexation to the community facilities district, at which time the notice of special tax lien shall be recorded against the parcel or parcels as set forth in Section 53328.3. +(b) Notwithstanding the provisions of Section 53340, after adoption of the resolution of formation for a community facilities district described in subdivision (a), the legislative body may, by ordinance, provide for the levy of the special taxes on parcels that will annex to the community facilities district at the rate or rates to be approved unanimously by the owner or owners of each parcel or parcels to be annexed to the community facilities district and for apportionment and collection of the special taxes in the manner specified in the resolution of formation. No further ordinance shall be required even though no parcels may then have annexed to the community facilities district. +(c) The local agency may bring an action to determine the validity of any special taxes levied pursuant to this chapter and authorized pursuant to the procedures set forth in this section pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. Notwithstanding Section 53359, if an action is brought by an interested person pursuant to Section 863 of the Code of Civil Procedure to determine the validity of any special taxes levied against a parcel pursuant to this chapter and authorized pursuant to the procedures set forth in this section, the action shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure, but shall, notwithstanding the time limits specified in Section 860 of the Code of Civil Procedure, be commenced within 15 days after the date on which the notice of special tax lien is recorded against the parcel. Any appeal from a judgment in any action or proceeding described in this subdivision shall be commenced within 30 days after entry of judgment. +(d) A community facilities district formed pursuant to this section may only finance facilities pursuant to subdivision (i) or (l) of Section 53313.5. +(e) (1) The legislative body shall comply with the requirements specified in Sections 5898.16 and 5898.17 of the Streets and Highways Code prior to the annexation of a parcel or parcels to a community facilities district formed pursuant to this section. +(2) A parcel or parcels shall not be annexed to a community facilities district formed pursuant to this section if the parcel owner or owners are seeking financing for improvement on a residential property with four or fewer units, unless the parcel complies with the conditions specified in paragraphs (1) to (5), inclusive, and paragraph (8), and, in addition, for properties with energy efficiency improvements specified under subdivision (l) of Section 53313.5, paragraph (7), of subdivision (a) of Section 26063 of the Public Resources Code. +(f) In connection with formation of a community facilities district and annexation of a parcel or parcels to the community facilities district pursuant to this section, and the conduct of an election on the proposition to authorize bonded indebtedness pursuant to the alternate procedures set forth in Section 53355.5, the local agency may, without additional hearings or procedures, designate a parcel or parcels as an improvement area within the community facilities district. After the designation of a parcel or parcels as an improvement area, all proceedings for approval of the appropriations limit, the rate and method of apportionment and manner of collection of special tax and the authorization to incur bonded indebtedness for the parcel or parcels shall apply only to the improvement area. +(g) In connection with a community facilities district formed under this section, as an alternate and independent procedure for making the changes described in Section 53330.7, the changes may be made with the unanimous approval of the owner or owners of the parcel or parcels that will be affected by the change and with the written consent of the local agency. No additional hearings or procedures are required, and the unanimous approval shall be deemed to constitute a unanimous vote in favor of the proposed changes. If the proceeds of a special tax are being used to retire any debt incurred pursuant to this chapter and the unanimous approval relates to the reduction of the special tax rate, the unanimous approval shall recite that the reduction or termination of the special tax will not interfere with the timely retirement of that debt. +SEC. 2. +Section 1.5 of this bill incorporates amendments to Section 53328.1 of the Government Code proposed by both this bill and Assembly Bill 2693. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 53328.1 of the Government Code, and (3) this bill is enacted after Assembly Bill 2693, in which case Section 1 of this bill shall not become operative.","The Mello-Roos Community Facilities Act of 1982 specifies the requirements for the establishment of a community facilities district, including, among other things, a petition, a hearing, the establishment of the boundaries of the community facilities district, and an election on the question. Existing law authorizes a community facilities district formed pursuant to an alternative procedure under which the district initially consists solely of territory proposed for annexation to the community facilities district in the future and territory is annexed and subjected to special taxes only upon unanimous approval of the owners, to finance and refinance the acquisition, installation, and improvement of energy efficiency, water conservation, and renewable energy improvements. +This bill would authorize a community facilities district that is formed pursuant to the alternative procedure to additionally finance seismic retrofitting, as specified. +This bill would incorporate changes to Section 53328.1 of the Government Code proposed by both this bill and AB 2693, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Section 53328.1 of the Government Code, relating to local government." +1161,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) The relationship between law enforcement and the communities they are sworn to protect must be grounded in trust in order to ensure safety and protection for all. +(b) Despite the ongoing challenges to fostering strong relationships of trust between law enforcement and communities, the practice of principled policing, specifically procedural justice and implicit bias, is one strategy shown to improve police-community relationships. +(c) It is in the interest of California’s communities and the thousands of men and women who are sworn to serve and protect the public that the State of California support evidence-based strategies to improve the relationship of trust between law enforcement and communities. +(d) Understanding and implementing the practice of principled policing, specifically procedural justice and implicit bias, offers an opportunity for law enforcement and communities to collaboratively build trust and improve safety for all. +SECTION 1. +SEC. 2. +Section 13519.45 is added to the Penal Code, to read: +13519.45. +(a) (1) The commission shall develop and disseminate +guidelines and +training on principled policing, specifically procedural justice and implicit bias, for all peace officers described in subdivision (a) of Section 13510. +(2) “Procedural justice” means +the procedures used by police officers where citizens are treated fairly and with proper respect as human beings. +an approach to policing based on giving people the opportunity to tell their side of the story, remaining neutral in decisionmaking and behavior, treating people with respect, and explaining actions in a way that communicates caring for people’s concerns so as to demonstrate trustworthiness. +(3) “Implicit bias” means thoughts or feelings about +people of which one is unaware and can influence one’s own and others’ actions. +social groups that can influence people’s perceptions, decisions, and actions without awareness. +(4) The course or courses of instruction +and the guidelines +shall stress procedural justice as a strategy for improving the relationship of trust between law enforcement and communities and how implicit bias can be a barrier to procedural justice. +(b) The course of +basic +training for peace officers shall include adequate instruction on procedural justice and implicit bias in order to foster mutual respect and cooperation between law enforcement and communities. The curriculum shall be evidence-based and shall be developed in consultation with appropriate groups and individuals who have expertise in procedural justice or implicit bias, including, but not limited to, law enforcement agencies that have demonstrated experience in procedural justice or implicit bias training, university professors who specialize in addressing and reducing racial and identity bias towards individuals and groups, and community organizations or members who specialize in civil or human rights and criminal justice. The course of instruction shall include, but not be limited to, consideration of each of the following subjects: +(1) Procedural justice as a strategy for improving the relationship of trust between law enforcement agencies and the communities they are sworn to serve. +(2) Implicit bias as a barrier to procedural justice. +(3) Historical and generational effects of policing. +(4) Interactive nature of policing goals, procedural justice, and implicit bias. +(c) The commission shall also +develop and disseminate guidelines and training +certify and make training available +to train peace officers to be able to effectively teach the course of +basic +training on principled policing. The training course shall be structured so that experts on procedural justice and implicit bias train +small groups from +law enforcement agencies to be able to effectively teach the concepts, principles, and research behind procedural justice and implicit bias to colleagues within their departments. Participating law enforcement agencies +shall +are encouraged to +send at least one police executive +or manager +and one training officer to the training course. Law enforcement agencies are encouraged to attend the training course with at least one community member. Upon completion of the training course, peace officers from participating law enforcement agencies shall be +certified +qualified +by the commission to conduct the course +of basic training +on principled policing for colleagues in their respective agencies. +(d) The commission shall offer the course +of basic training +on principled policing and the training +course +on a +semiannual +quarterly +basis in regional training centers across the state commencing in June 2017. +(e) No later than June 1, 2018, the commission shall evaluate its current course of basic training and promulgate a plan to incorporate the concepts of principled policing, as set forth in this section, into its course of basic training and shall require each peace officer described in subdivision (a) of Section 13510 to complete a refresher course no less frequent than every five years. +SEC. 2. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the Commission on Peace Officer Standards and Training and requires it to develop and disseminate guidelines and training for law enforcement officers, as described. +This bill would require the commission to develop and disseminate +guidelines and +training for peace officers on principled policing, which would include the subjects of procedural justice and implicit bias, as defined. The bill would require this training +as part of the basic training course for +for specified +peace officers. The bill would also require the commission to +develop and disseminate guidelines and training +certify and make training available +to train peace officers to teach the course of +basic +training on principled policing to other officers in their agencies. The bill would require the commission to offer the +basic +principled policing course and the training course +semiannually +quarterly +commencing in June 2017. +The bill would require the commission, no later than June 1, 2018, to evaluate its current course of basic training and promulgate a plan to incorporate the concepts of principled policing into its course of basic training and would require each peace officer to complete a refresher course no less than every 5 years. +By requiring additional +basic +training for peace officers, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 13519.45 to the Penal Code, relating to peace officer standards and training." +1162,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Official court reporters and court reporters pro tempore employed by the courts are currently paid under a dual compensation structure in which the base salary of the court reporter is supplemented by income from preparing required transcripts and providing other required transcription services. +(b) The dual compensation structure protects the state from bearing the full cost of transcript preparation and other transcription services and avoids the resulting consequences of overtime liability related to these services. +(c) The fees for original transcripts prepared by official court reporters and court reporters pro tempore have not been adjusted in 26 years, and fees for copies purchased at the same time as the original transcript have only increased once in 103 years. +(d) In order to ensure full and fair compensation of official court reporters and court reporters pro tempore employed by the court, and in order to attract and retain official court reporters and court reporters pro tempore employed by the courts that have sufficient skills and competence to serve the needs of the justice system, it is imperative that the system of dual compensation provide sufficient payment for transcription services. +(e) Therefore, it is necessary to revise the fees for transcripts prepared by official court reporters and court reporters pro tempore. +SEC. 2. +Section 69950 of the Government Code is amended to read: +69950. +(a) From January 1, 2017, to December 31, 2018, inclusive, the fee for transcription for the original printed copy is ninety-three cents ($0.93) for each 100 words, and for each copy purchased at the same time by the court, party, or other person purchasing the original, sixteen cents ($0.16) for each 100 words. +(b) From January 1, 2017, to December 31, 2018, inclusive, the fee for a first copy to any court, party, or other person who does not simultaneously purchase the original shall be twenty-one cents ($0.21) for each 100 words, and for each additional copy, purchased at the same time, sixteen cents ($0.16) for each 100 words. +(c) Notwithstanding subdivisions (a) and (b), if a trial court had established transcription fees that were in effect on January 1, 2012, based on an estimate or assumption as to the number of words or folios on a typical transcript page, those transcription fees shall be the transcription fees for proceedings in those trial courts, and the policy or practice for determining transcription fees in those trial courts shall not be unilaterally changed. +(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. +SEC. 3. +Section 69950 is added to the Government Code, to read: +69950. +(a) From January 1, 2019, to December 31, 2020, inclusive, the fee for transcription for the original printed copy is one dollar and three cents ($1.03) for each 100 words, and for each copy purchased at the same time by the court, party, or other person purchasing the original, eighteen cents ($0.18) for each 100 words. +(b) From January 1, 2019, to December 31, 2020, inclusive, the fee for a first copy to any court, party, or other person who does not simultaneously purchase the original shall be twenty-three cents ($0.23) for each 100 words, and for each additional copy, purchased at the same time, eighteen cents ($0.18) for each 100 words. +(c) Notwithstanding subdivisions (a) and (b), if a trial court had established transcription fees that were in effect on January 1, 2012, based on an estimate or assumption as to the number of words or folios on a typical transcript page, those transcription fees shall be the transcription fees for proceedings in those trial courts, and the policy or practice for determining transcription fees in those trial courts shall not be unilaterally changed. +(d) This section shall become operative on January 1, 2019. +(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 4. +Section 69950 is added to the Government Code, to read: +69950. +(a) On and after January 1, 2021, the fee for transcription for the original printed copy is one dollar thirteen cents ($1.13) for each 100 words, and for each copy purchased at the same time by the court, party, or other person purchasing the original, twenty cents ($0.20) for each 100 words. +(b) On and after January 1, 2021, the fee for a first copy to any court, party, or other person who does not simultaneously purchase the original shall be twenty-six cents ($0.26) for each 100 words, and for each additional copy, purchased at the same time, twenty cents ($0.20) for each 100 words. +(c) Notwithstanding subdivisions (a) and (b), if a trial court had established transcription fees that were in effect on January 1, 2012, based on an estimate or assumption as to the number of words or folios on a typical transcript page, those transcription fees shall be the transcription fees for proceedings in those trial courts, and the policy or practice for determining transcription fees in those trial courts shall not be unilaterally changed. +(d) This section shall become operative on January 1, 2021. +SEC. 5. +Section 69950.5 is added to the Government Code, to read: +69950.5. +(a) On or before January 1, 2021, the Judicial Council shall report to the Legislature recommendations to increase uniformity in transcript rate expenditures in California. The intent of the report shall be to not reduce the rate of pay or overall compensation to reporters or jeopardize collective bargaining agreements. The Judicial Council shall work in collaboration with key stakeholder groups, including the California Court Reporters Association, the Court Reporters Board of California, and relevant labor unions. +(b) The report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795. +(c) This section shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2025, deletes or extends that date. +SEC. 6. +Section 69951 of the Government Code is amended to read: +69951. +The fee for transcription is an additional 50 percent for special daily copy service.","Existing law provides that, except as specified, the fee for original transcripts prepared by an official court reporter or by a court reporter pro tempore is $0.85 for each 100 words, and for each copy purchased at the same time, $0.15 for each 100 words. Existing law provides that, except as specified, the fee for a first copy of a transcript by a person who does not simultaneously purchase the original transcript is $0.20 for each 100 words, and for each additional copy purchased at the same time, $0.15 for each 100 words. Existing law authorizes a court reporter, in civil cases, to charge an additional 50% for special daily copy service. +This bill would increase the fee charged for original transcripts and copies purchased at the same time, and copies purchased thereafter without the original transcript, incrementally commencing January 1, 2017, except as specified. The bill would also provide that the fee for transcription is an additional 50% for special daily copy service. The bill would require the Judicial Council to report to the Legislature by January 1, 2021, with regard to transcript fees, as specified.","An act to amend Section 69951 of, to amend, repeal, and add Section 69950 of, and to add and repeal Section 69950.5 of, the Government Code, relating to court reporters." +1163,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature that the state’s processes for identifying and planning for electrical transmission projects take into account the May 2016 Solar Convening Report, titled “A Path Forward: Identifying Least-Conflict Solar PV Development in California’s San Joaquin Valley, ” and the principles of transmission corridor planning developed by the State Energy Resources Conservation and Development Commission in response to Senate Bill 2431 (Chapter 1457 of the Statutes of 1988), known as the Garamendi Principles. +SEC. 2. +Section 399.23 is added to the Public Utilities Code, to read: +399.23. +(a) The Independent System Operator, when undertaking transmission planning activities, shall take into account the May 2016 Solar Convening Report, titled “A Path Forward: Identifying Least-Conflict Solar PV Development in California’s San Joaquin Valley,” and the principles of transmission corridor planning developed by the Energy Commission in response to Senate Bill 2431 (Chapter 1457 of the Statutes of 1988), known as the Garamendi Principles. +(b) The Energy Commission, the commission, and the Independent System Operator, when undertaking activities as part of the Renewable Energy Transmission Initiative, shall take into account the May 2016 Solar Convening Report and the Garamendi Principles. +SECTION 1. +This act shall be known, and may be cited, as the San Joaquin Valley Clean Energy and Jobs Act. +SEC. 2. +The Legislature finds and declares all of the following: +(a)The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) established a policy to reduce emissions of greenhouse gases to 1990 levels by 2020 and to continue reductions of emissions of greenhouse gases beyond 2020. +(b)The Clean Energy and Pollution Reduction Act of 2015 (Chapter 547 of the Statutes of 2015) established further clean energy policies to reduce emissions of greenhouse gases and expand generation from eligible renewable energy resources to at least 50 percent of total retail sales of electricity in California by December 31, 2030. +(c)The San Joaquin Valley remains mired in chronic double digit unemployment, unprecedented rates of poverty, a severe ongoing drought, and poor air quality. +(d)California’s energy sector is undergoing significant advancement and transformation driven by evolving regulation, expanding renewable energy goals, and increasing greenhouse gas emissions reduction efforts. +(e)While rich in natural resources and clean energy opportunities, the San Joaquin Valley has largely been left behind in California’s clean energy revolution. The overwhelming majority of the state’s new transmission assets have been sited in other regions, particularly southern California, and renewable energy resource project investment, jobs, and economic and environmental benefits have followed grid access. +(f)Unlocking the renewable energy potential of the San Joaquin Valley by providing more equitable investment in a clean energy economy should be a key priority of California policymakers. +(g)Timely investment and improved transmission access are critical to the San Joaquin Valley and will allow the region to more effectively and efficiently develop clean energy opportunities at all solar project locations, create jobs, and derive cobenefits for disadvantaged communities. +(h)The Governor’s office has completed the San Joaquin Valley Solar Convening identifying high potential solar energy developments in the San Joaquin Valley that maximize renewable energy benefits and minimize environmental biological and habitat impacts. +(i)The report issued by the University of California in May 2016 on the outcome of the convening, entitled “A Path Forward: Identifying Least-Conflict Solar PV Development in California’s San Joaquin Valley,” identified 470,000 acres of least-conflict land, amounting to roughly 5 percent of the 9.5 million acres in the stakeholder study area. +(j)In order to identify least-conflict lands, the project team convened four stakeholder groups early in the process: (1) an environmental conservation group, (2) an agricultural farmland conservation group, (3) a solar industry group, and (4) a transmission group. An agricultural rangeland stakeholder group was later added to gain a better understanding of regional land value from this stakeholder perspective. +(k)The project team generated the final result, the composite least-conflict area, using the information developed with the solar industry, environmental conservation, and agricultural farmland conservation stakeholder groups. +(l)Given the proximity to existing transmission corridors, solar projects in the San Joaquin Valley can be developed in a way that minimizes the need for new transmission by prioritizing the use of existing transmission corridors consistent with the principles of transmission corridor planning developed by the State Energy Resources Conservation and Development Commission in response to Senate Bill 2431 (Chapter 1457 of the Statutes of 1988), known as the Garamendi Principles. +(m)As future clean energy investments are planned and implemented, state officials must ensure an appropriate share is targeted to improve environmental quality, expand economic development, contribute to environmental solutions, and create jobs in the San Joaquin Valley. +SEC. 3. +Section 399.23 is added to the +Public Utilities Code +, to read: +399.23. +(a)The commission and the Energy Commission shall evaluate, while taking into consideration ratepayer costs and benefits, potential eligible renewable energy resource projects in the San Joaquin Valley. Evaluation of projects that provide the following benefits or attributes shall be prioritized: +(1)The economically viable and environmentally beneficial reuse of drainage-impaired agricultural lands. +(2)The retirement of drainage-impaired agricultural land and facilitation of regional agricultural drainage solutions. +(3)The facilitation of surface water supply redirection from drainage-impaired agricultural lands to other productive agricultural land. +(b)Using the results of the evaluation, on or before January 31, 2017, the commission and the Energy Commission shall recommend to the Independent System Operator an amount of electricity to be generated from eligible renewable energy resources in the San Joaquin Valley that reasonably maximizes the amount of electricity to be generated from eligible renewable energy resources, consistent with the state’s overall need for electricity and the requirements of this article, and that accomplishes all of the following: +(1)Takes into account the 470,000 acres identified in the Governor’s May 2016 Solar Convening Report, entitled “A Path Forward: Identifying Least-Conflict Solar PV Development in California’s San Joaquin Valley,” along with all other lands in the Central Valley that have entitlements for solar development. +(2)Provides eligible renewable energy resources within the San Joaquin Valley with full capacity deliverability status. +(3)Minimizes the need for new transmission by prioritizing the use of existing transmission corridors consistent with the principles of transmission corridor planning developed by the Energy Commission in response to Senate Bill 2431 (Chapter 1457 of the Statutes of 1988), known as the Garamendi Principles. +(c)Using the results of the evaluation, on or before January 31, 2017, the commission and the Energy Commission shall recommend to the Independent System Operator any network transmission upgrades needed to fulfill the recommendations made pursuant to subdivision (b). This recommendation shall seek to minimize the need for new transmission by prioritizing the use of existing transmission corridors consistent with the Garamendi Principles of transmission corridor planning.","Existing law relative to electrical restructuring, within the Public Utilities Act, establishes the Independent System Operator to ensure the efficient use and reliable operation of the electric transmission grid. The California Renewables Portfolio Standard Program requires the Public Utilities Commission (PUC) to establish a renewables portfolio standard requiring all retail sellers, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, so that the total kilowatthours sold to their retail end-use customers achieves 25% of retail sales by December 31, 2016, 33% by December 31, 2020, 40% by December 31, 2024, 45% by December 31, 2027, and 50% by December 31, 2030. The program additionally requires each local publicly owned electric utility, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources to achieve the procurement requirements established by the program. +The Renewable Energy Transmission Initiative is a statewide initiative to help identify transmission projects to accommodate the state’s renewable energy goals. +This bill would require the PUC and the State Energy Resources Conservation and Development Commission (Energy Commission) to evaluate, while taking into consideration ratepayer costs and benefits, potential eligible renewable energy resource projects in the San Joaquin Valley that provide specified benefits or attributes. The bill would require the PUC and the Energy Commission, on or before January 31, 2017, using that evaluation, to recommend to the Independent System Operator an amount of electricity to be generated from eligible renewable energy resources in the San Joaquin Valley that reasonably maximizes, consistent with the state’s overall need for electricity and the California Renewables Portfolio Standard Program, the amount of electricity to be generated from eligible renewable energy resources that accomplishes specified objectives. The bill would require the PUC and the Energy Commission, on or before January 31, 2017, using the results of the evaluation, to recommend to the Independent System Operator any network transmission upgrades needed to fulfill the above-described generation quantity recommendations and would require that the transmission upgrade recommendations seek to minimize the need for new transmission by prioritizing the use of existing transmission corridors consistent with specified principles developed by the Energy Commission. +This bill would require the Independent System Operator, when undertaking transmission planning activities, to take into account a specified report relating to solar photovoltaic system development in the San Joaquin Valley and specified principles of transmission corridor planning developed by the State Energy Resources Conservation and Development Commission (Energy Commission). The bill would require the Energy Commission, the PUC, and the Independent System Operator, when undertaking activities as part of the Renewable Energy Transmission Initiative, to take into account the above-specified report and principles.","An act to add Section 399.23 to the Public Utilities Code, relating to electricity." +1164,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 11450 of the Welfare and Institutions Code is amended to read: +11450. +(a) (1) (A) Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the family’s income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f): +Number of +eligible needy +persons in +the same home +Maximum +aid +1 ........................ +$  326 +2 ........................ +535 +3 ........................ +663 +4 ........................ +788 +5 ........................ +899 +6 ........................ +1,010 +7 ........................ +1,109 +8 ........................ +1,209 +9 ........................ +1,306 +10 or more ........................ +1,403 +(B) If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that +no +any +increase or decrease shall +not +be subject to subsequent adjustment pursuant to Section 11453. +(2) The sums specified in paragraph (1) shall not be adjusted for cost of living for the 1990–91, 1991–92, 1992–93, 1993–94, 1994–95, 1995–96, 1996–97, and 1997–98 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of Section 11453.05, and +no +a +further reduction shall +not +be made pursuant to that section. +(b) (1) When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the child and her child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision. +(2) Notwithstanding paragraph (1), when the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant woman for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the woman and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision. +(3) Paragraph (1) shall apply only when the Cal-Learn Program is operative. +(c) The amount of forty-seven dollars ($47) per month shall be paid to pregnant women qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the woman and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants, and Children program. If that payment to pregnant women qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the woman and child, if born, would have qualified for aid under this chapter. +(d) For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, when added to the child’s income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations. +(e) In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance. +(f) After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for special needs. +(1) An allowance for special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the special needs items. The sum of all special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event. +(2) (A) Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section. +(B) A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided. +(3) (A) (i) +A +Once per calendar year, a +special needs benefit of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family. +(ii) This special needs benefit shall be granted or denied immediately upon the family’s application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the family’s homelessness within the first three working days and if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period. +(iii) After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 30 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing +which +that +shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits. +(B) (i) A special needs benefit for permanent housing assistance is available to pay for last month’s rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction. +(ii) The last month’s rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall only be made to families that have found permanent housing costing no more than 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size. +(iii) However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii). +(C) The special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities +which +that +are necessary for the health and safety of the family. +(D) A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter. +(E) (i) A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance. +(ii) A family shall be eligible for temporary and permanent housing assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or, the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request. +(iii) If a recipient seeking homeless assistance based on domestic violence pursuant to clause (ii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation. +(iv) The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph. +(F) The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence. +(G) Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments. +(H) The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current year’s Budget Act by specifying a different daily allowance and appropriating the funds therefor. +(I) No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties. +(g) The department shall establish rules and regulations ensuring the uniform statewide application of this section. +(h) The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently. +(i) (1) Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a). +(2) The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section. +(j) For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the child’s income, is equal to the rate specified in Sections 11364 and 11387. +(k) (1) A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013. +(2) Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county. +(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section. +(l) This section shall become operative on July 1, 2015. +SEC. 2. +No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act. +SEC. 3. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families. As part of the CalWORKs program, a homeless family that has used all available liquid resources in excess of $100 may be eligible for homeless assistance benefits to pay the costs of temporary shelter. The CalWORKs program also provides permanent housing assistance to pay rent or a security deposit, as specified, in order to secure housing for the family or prevent eviction. Under existing law, eligibility for homeless assistance is limited to one period of up to 16 consecutive days in a lifetime, and eligibility for permanent housing assistance is limited to one payment of assistance, subject to specified exceptions for homelessness caused by domestic violence, illness, or sudden or unusual circumstances beyond the control of the family. Existing law authorizes a county to require certain recipients of homeless assistance to participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. +This bill would increase the duration of homeless assistance benefits to 30 days and would delete the limitation on the number of times a recipient may receive homeless assistance or permanent housing assistance benefits. +The bill would limit the number of times a family may receive temporary shelter assistance to once per year. +The bill would also delete the authority for the county to require a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. Because this bill would increase the administrative duties of counties, it would impose a state-mandated local program. +Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. +This bill would, instead, provide that the continuous appropriation would not be made for purposes of implementing the bill. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 11450 of the Welfare and Institutions Code, relating to CalWORKs." +1165,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 103526 of the Health and Safety Code is amended to read: +103526. +(a) (1) If the State Registrar, local registrar, or county recorder receives a written, faxed, electronic, or digitized image of a request for a certified copy of a birth, death, or marriage record pursuant to Section 103525 that is accompanied by a notarized statement sworn under penalty of perjury, an electronic verification of identity accompanied by an electronic statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury that the applicant is an authorized person, as defined in this section, that official may furnish a certified copy to the applicant pursuant to Section 103525. +(2) A faxed or digitized image of the notary acknowledgment accompanying a faxed request received pursuant to this subdivision for a certified copy of a birth, death, or marriage record shall be legible and, if the notary’s seal is not photographically reproducible, show the name of the notary, the county of the notary’s principal place of business, the notary’s telephone number, the notary’s registration number, and the notary’s commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notary’s signature in the acknowledgment. If a request for a certified copy of a birth, death, or marriage record is made in person, the official shall take a statement sworn under penalty of perjury that the applicant is signing his or her own legal name and is an authorized person, and that official may then furnish a certified copy to the applicant. +(3) (A) If a request for a certified copy of a birth, death, or marriage record is made electronically, the official may accept an electronic verification authenticating the identity of the applicant using a multilayered remote identity proofing process that complies with all of the following requirements: +(i) Meets or exceeds the National Institute of Standards and Technology (NIST) electronic authentication guideline for multilayered remote identity proofing. +(ii) (I) Verifies all of the following information provided by the applicant: +(ia) A valid government-issued identification number. +(ib) A financial or utility account number. +(II) The verification pursuant to this subparagraph shall occur through record checks with the state or local agency or a credit reporting agency or similar database and shall confirm that the name, date of birth, address, or other personal information in the record checks are consistent with the information provided by the applicant. +(iii) Meets or exceeds the information security requirements of the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code) and the Federal Information Security Management Act of 2002 (Public Law 107-347) and all other applicable state and federal laws and regulations to protect the personal information of the applicant and guard against identity theft. +(iv) Retains for each electronic verification, as required by the NIST electronic authentication guideline, a record of the applicant whose identity has been verified and the steps taken to verify the identity. +(B) If an applicant’s identity cannot be established electronically pursuant to this paragraph, the applicant shall include with his or her request a statement of identity notarized pursuant to paragraph (1). +(4) For purposes of this subdivision, “digitized image” means an image of an original paper request for a certified copy of a birth, death, or marriage record. +(b) (1) If the person requesting a certified copy of a birth, death, or nonconfidential marriage record is not an authorized person or is an authorized person who is otherwise unable to satisfy the requirements of subdivision (a), the certified copy provided to the applicant shall be an informational certified copy and shall display a legend that states “INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY.” The legend shall be placed on the certificate in a manner that will not conceal information. +(2) If the person requesting a certified copy of a confidential marriage record is not an authorized person or is an authorized person who is otherwise unable to satisfy the requirements of subdivision (a), the official shall not release a certified copy of the confidential marriage record unless otherwise authorized by law. +(c) For purposes of this section, an “authorized person” means: +(1) For purposes of requests for certified copies of confidential marriage records, only a party to the confidential marriage. +(2) For purposes of requests for certified copies of birth, death, or nonconfidential marriage records, a person who is any of the following: +(A) The registrant or a parent or legal guardian of the registrant. +(B) A party entitled to receive the record as a result of a court order, or an attorney or a licensed adoption agency seeking the birth record in order to comply with the requirements of Section 3140 or 7603 of the Family Code. +(C) A member of a law enforcement agency or a representative of another governmental agency, as provided by law, who is conducting official business. +(D) A child, grandparent, grandchild, sibling, spouse, or domestic partner of the registrant. +(E) An attorney representing the registrant or the registrant’s estate, or any person or agency empowered by statute or appointed by a court to act on behalf of the registrant or the registrant’s estate. +(F) An agent or employee of a funeral establishment who acts within the course and scope of his or her employment and who orders certified copies of a death certificate on behalf of an individual specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 7100. +(d) A person who asks the agent or employee of a funeral establishment to request a death certificate on his or her behalf warrants the truthfulness of his or her relationship to the decedent and is personally liable for all damages occasioned by, or resulting from, a breach of that warranty. +(e) Notwithstanding any other law: +(1) A member of a law enforcement agency or a representative of a state or local government agency, as provided by law, who orders a copy of a record to which subdivision (a) applies in conducting official business shall not be required to provide the notarized statement required by subdivision (a). +(2) An agent or employee of a funeral establishment who acts within the course and scope of his or her employment and who orders death certificates on behalf of individuals specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 7100 shall not be required to provide the notarized statement required by subdivision (a). +(f) Informational certified copies of birth and death certificates issued pursuant to subdivision (b) shall only be printed from the single statewide database prepared by the State Registrar and shall be electronically redacted to remove any signatures for purposes of compliance with this section. Local registrars and county recorders shall not issue informational certified copies of birth and death certificates from a source other than the statewide database prepared by the State Registrar. This subdivision shall become operative on July 1, 2007, but only after the statewide database becomes operational and the full calendar year of the birth and death indices and images is entered into the statewide database and is available for the respective year of the birth or death certificate for which an informational copy is requested. The State Registrar shall provide written notification to local registrars and county recorders as soon as a year becomes available for issuance from the statewide database. +(g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made to this section by the act that added this subdivision through an all-county letter or similar instructions from the State Registrar without taking regulatory action. +(h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 2. +Section 103526 is added to the Health and Safety Code, to read: +103526. +(a) (1) If the State Registrar, local registrar, or county recorder receives a written, faxed, or digitized image of a request for a certified copy of a birth, death, or marriage record pursuant to Section 103525 that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the requester is an authorized person, as defined in this section, that official may furnish a certified copy to the applicant pursuant to Section 103525. A faxed or digitized image of the notary acknowledgment accompanying a faxed request received pursuant to this subdivision for a certified copy of a birth, death, or marriage record shall be legible and, if the notary’s seal is not photographically reproducible, show the name of the notary, the county of the notary’s principal place of business, the notary’s telephone number, the notary’s registration number, and the notary’s commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notary’s signature in the acknowledgment. If a request for a certified copy of a birth, death, or marriage record is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person, and that official may then furnish a certified copy to the applicant. +(2) For purposes of this subdivision, “digitized image” means an image of an original paper request for a certified copy of a birth, death, or marriage record. +(b) (1) If the person requesting a certified copy of a birth, death, or nonconfidential marriage record is not an authorized person or is an authorized person who is otherwise unable to satisfy the requirements of subdivision (a), the certified copy provided to the applicant shall be an informational certified copy and shall display a legend that states “INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY.” The legend shall be placed on the certificate in a manner that will not conceal information. +(2) If the person requesting a certified copy of a confidential marriage record is not an authorized person or is an authorized person who is otherwise unable to satisfy the requirements of subdivision (a), the official shall not release a certified copy of the confidential marriage record unless otherwise authorized by law. +(c) For purposes of this section, an “authorized person” means: +(1) For purposes of requests for certified copies of confidential marriage records, only a party to the confidential marriage. +(2) For purposes of requests for certified copies of birth, death, or nonconfidential marriage records, a person who is any of the following: +(A) The registrant or a parent or legal guardian of the registrant. +(B) A party entitled to receive the record as a result of a court order, or an attorney or a licensed adoption agency seeking the birth record in order to comply with the requirements of Section 3140 or 7603 of the Family Code. +(C) A member of a law enforcement agency or a representative of another governmental agency, as provided by law, who is conducting official business. +(D) A child, grandparent, grandchild, sibling, spouse, or domestic partner of the registrant. +(E) An attorney representing the registrant or the registrant’s estate, or any person or agency empowered by statute or appointed by a court to act on behalf of the registrant or the registrant’s estate. +(F) An agent or employee of a funeral establishment who acts within the course and scope of his or her employment and who orders certified copies of a death certificate on behalf of any individual specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 7100. +(d) A person who asks the agent or employee of a funeral establishment to request a death certificate on his or her behalf warrants the truthfulness of his or her relationship to the decedent, and is personally liable for all damages occasioned by, or resulting from, a breach of that warranty. +(e) Notwithstanding any other law: +(1) A member of a law enforcement agency or a representative of a state or local government agency, as provided by law, who orders a copy of a record to which subdivision (a) applies in conducting official business shall not be required to provide the notarized statement required by subdivision (a). +(2) An agent or employee of a funeral establishment who acts within the course and scope of his or her employment and who orders death certificates on behalf of individuals specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 7100 shall not be required to provide the notarized statement required by subdivision (a). +(f) Informational certified copies of birth and death certificates issued pursuant to subdivision (b) shall only be printed from the single statewide database prepared by the State Registrar and shall be electronically redacted to remove any signatures for purposes of compliance with this section. Local registrars and county recorders shall not issue informational certified copies of birth and death certificates from a source other than the statewide database prepared by the State Registrar. This subdivision shall become operative on July 1, 2007, but only after the statewide database becomes operational and the full calendar year of the birth and death indices and images is entered into the statewide database and is available for the respective year of the birth or death certificate for which an informational copy is requested. The State Registrar shall provide written notification to local registrars and county recorders as soon as a year becomes available for issuance from the statewide database. +(g) This section shall become operative January 1, 2021. +SEC. 3. +Section 103527.5 is added to the Health and Safety Code, to read: +103527.5. +(a) On or before January 1, 2019, the State Registrar and any city or county that fulfills electronic requests for certified copies of birth, death, or marriage records without being provided a notarized statement that the requester is an authorized person shall report the following information to the Attorney General, the Assembly and Senate Committee on Judiciary, and the Assembly Committee on Privacy and Consumer Protection: +(1) All of the following nonpersonally identifiable information: +(A) The total number of written, electronic, faxed, or in-person requests that include a notarized statement that the requester is an authorized person. +(B) The total number of electronic requests utilizing the multilayered remote identity proofing process described in Section 103526 that do not include a notarized statement. +(C) The total number of electronic requests denied while using the multilayered remote identity proofing process due to insufficient information or failed authentication. +(D) The total number of repeat electronic requests using the multilayered remote identity proofing process for the same record and the same individual. +(2) A description of the mechanism and process, if any, by which consumers who have been victims of identity theft may temporarily limit electronic access to certified vital records, including all of the following: +(A) The number of consumers who have utilized this mechanism and process. +(B) The total number of electronic requests that utilize the multilayered remote identity proofing process, without a notarized statement, requesting records of consumers who have used the temporary limited access mechanism and process. +(C) The total number of electronic requests for records of consumers who have utilized this temporary limited access mechanism and process that were denied while using the multilayered remote identity proofing process. +(3) A description of the mechanism and process by which a consumer may report identity theft resulting from an alleged fraudulent records request, as well as the number of consumers who have used this mechanism and process. +(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, a certified copy of a birth, death, marriage, or military service record may only be supplied by the State Registrar, local registrar, or county recorder to an authorized person, as defined, who submits a written, faxed, or digitized image request accompanied by a notarized statement sworn under penalty of perjury that the applicant is an authorized person. +This bill would, until January 1, 2021, if the request for a certified copy of a birth, death, or marriage record is made electronically, authorize the official to accept an electronic acknowledgment verifying the identity of the applicant using a multilayered remote identity proofing process. If an applicant’s identity cannot be established electronically, the bill would require the applicant to include with his or her request a statement of identity notarized pursuant to existing law. The bill would require the verification to comply with specified provisions and protect the personal information of the applicant and guard against identity theft. The bill would require the State Registrar and any city or county that fulfills electronic requests without a notarized statement of identity to report to the Attorney General and the Legislature on or before January 1, 2019, regarding the number and types of requests and the availability of consumer protection mechanisms, as specified. +This bill would authorize the State Department of Public Health to implement its procedures relating to electronic verification through an all-county letter or similar instruction from the State Registrar without taking regulatory action. The bill would specifically authorize the department to accept an electronic verification of identity accompanied by an electronic statement sworn under penalty of perjury for the above purposes. By expanding the crime of perjury, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend, repeal, and add Section 103526 of, and to add and repeal Section 103527.5 of, the Health and Safety Code, relating to vital records." +1166,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 16429.2 of the Government Code is amended to read: +16429.2. +There is created the Local Investment Advisory Board consisting of five members. The chair shall be the Treasurer or his or her designated representative. Two members who are qualified by training and experience in the field of investment or finance, shall be appointed by the Treasurer. Two members who are treasurers, finance or fiscal officers, or business managers employed by any county, city or local district, or municipal corporation of the state, shall be appointed by the Treasurer. +The term of office of each appointed member of the board is three years, but each appointed member serves at the pleasure of the appointing authority. A vacancy in the appointed membership, occurring other than by expiration of term, shall be filled in the same manner as the original appointment, but for the unexpired term only. +Members of the board who are not state officers or employees shall not receive a salary, but shall be entitled to a per diem allowance of fifty dollars ($50) for each day’s attendance at a meeting of the board, not to exceed three hundred dollars ($300) in any month. All members shall be entitled to reimbursement for expenses incurred in the performance of their duties under this part, including travel and other necessary expenses. +The board’s primary purpose shall be to advise and assist the Treasurer in formulating the investment and reinvestment of moneys in the Local Agency Investment Fund, and the acquisition, retention, management, and disposition of investments of the fund. The board, from time to time, shall review those policies and advise therein as it considers necessary or desirable. The board shall advise the Treasurer in the management of the fund and consult the Treasurer on any matter relating to the investment and reinvestment of moneys in the fund. +SEC. 2. +Article 12 (commencing with Section 16429.50) is added to Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code, to read: +Article 12. Intermediate and Long Term Investment Fund +16429.50. +(a) The Intermediate and Long Term Investment Fund is hereby created. The Treasurer shall administer the fund and shall maintain a separate account within the fund for each governmental unit having deposits in this fund. +(b) The purpose of the fund is to permit voluntary deposit of funds by a governmental entity where those funds may benefit from the intermediate or long-term investments authorized by this article. +(c) The moneys deposited into the Intermediate and Long Term Investment Fund shall be subject to the requirements of Section 16430, except that the moneys may also be invested in corporate bonds with a maturity of up to three years, in government bonds with a maturity of up to 30 years, in physical gold, and in convertible securities. +(d) The Intermediate and Long Term Investment Advisory Board shall recommend to the Treasurer the moneys in the Surplus Money Investment Fund or the Local Agency Investment Fund which qualify to participate in the Intermediate and Long Term Investment Fund. +(e) The Treasurer may refuse to accept deposits into the fund if, in the judgment of the Treasurer, the deposit would adversely affect the state’s portfolio. +(f) Money in the fund shall be invested to achieve the objective of the fund, which is to realize the maximum return consistent with safe and prudent management. +(g) All instruments of title of all investments of the fund shall remain in the Treasurer’s vault or be held in safekeeping under control of the Treasurer in any federal reserve bank, or any branch thereof, or the Federal Home Loan Bank of San Francisco, with any trust company, or the trust department of any state or national bank. +(h) Immediately at the conclusion of each calendar quarter, all interest earned and other increment derived from investments shall be distributed by the Controller to the contributing governmental units or trustees or fiscal agents, nonprofit corporations, and quasi-governmental agencies in amounts directly proportionate to the respective amounts deposited in the Intermediate and Long Term Investment Fund and the length of time the amounts remained therein. An amount equal to the reasonable costs incurred in carrying out the provisions of this section, not to exceed a maximum of 5 percent of the earnings of this fund and not to exceed the amount appropriated in the annual Budget Act for this function, shall be deducted from the earnings prior to distribution. However, if the 13-week Daily Treasury Bill Rate, as published by the United States Department of the Treasury, on the last day of the state’s fiscal year is below 1 percent, then the above-noted reasonable costs shall not exceed a maximum of 8 percent of the earnings of this fund for the subsequent fiscal year, shall not exceed the amount appropriated in the annual Budget Act for this function, and shall be deducted from the earnings prior to distribution. The amount of the deduction shall be credited as reimbursements to the state agencies, including the Treasurer, the Controller, and the Department of Finance, having incurred costs in carrying out the provisions of this article. +16429.52. +(a) Moneys placed with the Treasurer for deposit in the Intermediate and Long Term Investment Fund from the Local Agency Investment Fund shall be held in trust. Those funds shall not be subject to either of the following: +(1) Transfer or loan pursuant to Section 16310, 16312, or 16313. +(2) Impoundment or seizure by any state official or state agency. +(b) (1) The right of a city, county, city and county, special district, nonprofit corporation, or qualified quasi-governmental agency to withdraw its deposited moneys from the Intermediate and Long Term Investment Fund, upon demand, shall not be altered, impaired, or denied, in any way, by any state official or state agency based upon the state’s failure to adopt a State Budget by July 1, of each new fiscal year. +(2) Notwithstanding paragraph (1), if an agency prematurely withdraws moneys deposited in a medium- or long-term investment, the agency shall pay its fair share of any penalty imposed, as determined by the Treasurer. +16429.54. +(a) The Intermediate and Long Term Investment Advisory Board is hereby established, consisting of five members. The chairperson shall be the Treasurer or his or her designated representative. Two members who are qualified by training and experience in the field of investing and finance shall be appointed by the Treasurer. Two members who are treasurers, finance or fiscal officers, or business managers, employed by any county, city, or local district or municipal corporation of this state, shall be appointed by the Treasurer. No member of either the Local Investment Advisory Board or the Pooled Money Investment Board is eligible to be selected by the Treasurer for the Intermediate and Long Term Investment Board. +(b) The term of office of each appointed member of the board is two years, but each appointed member serves at the pleasure of the appointing authority. A vacancy in the appointed membership, occurring other than by expiration of term, shall be filled in the same manner as the original appointment, but for the unexpired term only. +(c) Members of the board who are not state officers or employees shall not receive a salary, but shall be entitled to a per diem allowance of fifty dollars ($50) for each day’s attendance at a meeting of the board, not to exceed three hundred dollars ($300) in any month. All members shall be entitled to reimbursement for expenses incurred in the performance of their duties under this part, including travel and other necessary expenses. +(d) The board’s primary purpose shall be to advise and assist the Treasurer in formulating the investment and reinvestment of moneys in the Intermediate and Long Term Investment Fund and the acquisition, retention, management, and disposition of investments of the fund. The board, from time to time, shall review those policies and advise therein as it considers necessary or desirable. +(e) The board shall distribute investment performance reports quarterly and distribute an annual report to the Legislature, in compliance with Section 9795 of the Government Code, and to the Department of Finance. The investment performance reports shall include investment returns, comparisons to benchmarks, holdings, market values, and fees.","Existing +(1) +Existing +law creates the Local Agency Investment Fund, a trust fund in the custody of the Treasurer, in which local governments and other specified governmental entities may deposit, for investment, moneys that are not required for immediate needs. Existing law authorizes the Treasurer, with the advice of the Local Investment Advisory Board, to invest the moneys in the fund. Existing law requires the board to be made up of 5 members, including the Treasurer or his or her representative, 2 members appointed by the Treasurer who are experienced in the field of investment, and 2 members appointed by the Treasurer who are treasurers, finance or fiscal officers, or business managers employed by a county, city or local district, or municipal corporation of this state. Existing law establishes that the term of office of each appointed member of the board is 2 years. +This bill would extend the term of each of the appointed members of the board to 3 years. The bill would also make several nonsubstantive changes. +(2) Existing law creates the Pooled Money Investment Board and authorizes it to determine whether any money on deposit in the State Treasury, with specified exceptions, is not necessary for immediate use and to designate that money as “surplus money.” Existing law requires transfer of this surplus money to the Surplus Money Investment Fund and requires that the moneys be invested by the Treasurer in specified eligible investment vehicles. +Existing law creates the Local Agency Investment Fund, a trust fund in the custody of the Treasurer, in which local governments and other specified governmental entities may deposit, for investment, moneys that are not required for immediate needs. Existing law authorizes the Treasurer, with the advice of the Local Investment Advisory Board, to invest the moneys in the fund in specified securities that are eligible for the investment of surplus state funds. +This bill would create the Intermediate and Long Term Investment Fund to receive voluntary deposit of funds by a governmental entity so that those funds may benefit from the intermediate or long-term investments authorized by this bill. The bill would, in addition, authorize investment of moneys that are deposited in the Intermediate and Long Term Investment Fund in long-term corporate and government bonds, in gold, and in convertible securities. +This bill would establish the Long Term Investment Board. The board would consist of 5 members with the Treasurer as the chair. The Treasurer would select the remaining 4 members, based upon specified criteria, for 2-year terms. The board’s primary purpose would be to advise and assist the Treasurer in formulating the investment and reinvestment of moneys in the fund and the acquisition, retention, management, and disposition of investments of the fund. The bill would require the board to submit quarterly and annual reports regarding the performance of the investments in the fund to the Legislature and to the Department of Finance.","An act to amend Section 16429.2 +of +of, and to add Article 12 (commencing with Section 16429.50) to Chapter 2 of Part 2 of Division 4 of Title 2 of, +the Government Code, relating to +local +government finance." +1167,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 13050 of the Water Code is amended to read: +13050. +As used in this division: +(a) “State board” means the State Water Resources Control Board. +(b) “Regional board” means any California regional water quality control board for a region as specified in Section 13200. +(c) “Person” includes any city, county, district, the state, and the United States, to the extent authorized by federal law. +(d) “Waste” includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. +(e) “Waters of the state” means any surface water or groundwater, including saline waters, within the boundaries of the state. +(f) “Beneficial uses” of the waters of the state that may be protected against quality degradation include, but are not limited to, domestic, municipal, agricultural and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves. +(g) “Quality of the water” refers to chemical, physical, biological, bacteriological, radiological, and other properties and characteristics of water +which +that +affect its use. +(h) “Water quality objectives” means the limits or levels of water quality constituents or characteristics +which +that +are established for the reasonable protection of beneficial uses of water or the prevention of nuisance within a specific area. +(i) “Water quality control” means the regulation of any activity or factor +which +that +may affect the quality of the waters of the state and includes the prevention and correction of water pollution and nuisance. +(j) “Water quality control plan” consists of a designation or establishment for the waters within a specified area of all of the following: +(1) Beneficial uses to be protected. +(2) Water quality objectives. +(3) A program of implementation needed for achieving water quality objectives. +(k) “Contamination” means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected. +(l) (1) “Pollution” means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects either of the following: +(A) The waters for beneficial uses. +(B) Facilities +which +that +serve these beneficial uses. +(2) “Pollution” may include “contamination.” +(m) “Nuisance” means anything +which +that +meets all of the following requirements: +(1) Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. +(2) Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. +(3) Occurs during, or as a result of, the treatment or disposal of wastes. +(n) “Recycled water” means water +which +, +that, +as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefor considered a valuable resource. +(o) “Citizen or domiciliary” of the state includes a foreign corporation having substantial business contacts in the state or +which +that +is subject to service of process in this state. +(p) (1) “Hazardous substance” means either of the following: +(A) For discharge to surface waters, any substance determined to be a hazardous substance pursuant to Section 311(b)(2) of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.). +(B) For discharge to groundwater, any substance listed as a hazardous waste or hazardous material pursuant to Section 25140 of the Health and Safety Code, without regard to whether the substance is intended to be used, reused, or discarded, except that “hazardous substance” does not include any substance excluded from Section 311(b)(2) of the Federal Water Pollution Control Act because it is within the scope of Section 311(a)(1) of that act. +(2) “Hazardous substance” does not include any of the following: +(A) Nontoxic, nonflammable, and noncorrosive stormwater runoff drained from underground vaults, chambers, or manholes into gutters or storm sewers. +(B) Any pesticide +which +that +is applied for agricultural purposes or is applied in accordance with a cooperative agreement authorized by Section 116180 of the Health and Safety Code, and is not discharged accidentally or for purposes of disposal, the application of which is in compliance with all applicable state and federal laws and regulations. +(C) Any discharge to surface water of a quantity less than a reportable quantity as determined by regulations issued pursuant to Section 311(b)(4) of the Federal Water Pollution Control Act. +(D) Any discharge to land +which +that +results, or probably will result, in a discharge to groundwater if the amount of the discharge to land is less than a reportable quantity, as determined by regulations adopted pursuant to Section 13271, for substances listed as hazardous pursuant to Section 25140 of the Health and Safety Code. No discharge shall be deemed a discharge of a reportable quantity until regulations set a reportable quantity for the substance discharged. +(q) (1) “Mining waste” means all solid, semisolid, and liquid waste materials from the extraction, beneficiation, and processing of ores and minerals. Mining waste includes, but is not limited to, soil, waste rock, and overburden, as defined in Section 2732 of the Public Resources Code, and tailings, slag, and other processed waste materials, including cementitious materials that are managed at the cement manufacturing facility where the materials were generated. +(2) For the purposes of this subdivision, “cementitious material” means cement, cement kiln dust, clinker, and clinker dust. +(r) “Master recycling permit” means a permit issued to a supplier or a distributor, or both, of recycled water, that includes waste discharge requirements prescribed pursuant to Section 13263 and water recycling requirements prescribed pursuant to Section 13523.1.","Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the federal Clean Water Act and the Porter-Cologne Water Quality Control Act (state act). The state act defines various terms for its purposes. +This bill would make nonsubstantive changes to these definitions.","An act to amend Section 13050 of the Water Code, relating to water quality." +1168,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares the following: +(a) The State of California has officially recognized the Armenian Genocide each year for decades and has repeatedly urged the Republic of Turkey to acknowledge the facts of the Armenian Genocide and work toward a just resolution, honor its obligations under international treaties and human rights laws, end all forms of religious discrimination and persecution, and return Christian church properties to their rightful owners. +(b) Genocide is defined by the United Nations as an act “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.” +(c) Genocide denial is widely viewed as among the final stages of genocide and serves to perpetuate the effects of genocide even after the active phases of extermination, massacres, forced marches, and deportation have ended. +(d) The government of Turkey has engaged and continues to engage in an ongoing campaign of genocide denial and historical revisionism by refusing to acknowledge its responsibility for the Armenian Genocide, refusing to compensate its victims, and actively pursuing a well-funded political lobbying campaign throughout the United States, including in California, to rewrite history and defeat legislation recognizing the Armenian Genocide. +(e) The government of Turkey has engaged and continues to engage in efforts to effect Armenian cultural erasure since the founding of the Republic of Turkey, including, but not limited to, ethnic cleansings and the destruction of sacred Armenian religious sites. +(f) Reference in Turkey by any scholar, journalist, or other person to the massacre and deportation of Armenians in 1915 to 1923, inclusive, as genocide can be criminally prosecuted under Article 301 of the Turkish Penal Code. +(g) The State of California is home to the largest Armenian American population in the United States, and Armenians living in California, most of whom are direct descendants of the survivors of the Armenian Genocide, have enriched our state through their leadership and contributions in business, agriculture, academia, government, and the arts, yet continue to suffer the effects of the continued denial campaign by the government of Turkey. +(h) The State of California, as the world’s eighth largest economy, and in accordance with principles of human rights and justice, has taken the lead in adopting legislation to divest from South Africa for its policy of apartheid, Sudan for its genocide in Darfur, and Iran for its support of international terrorism, imposing economic consequences upon regimes that engage in conduct and policy that violate human rights or constitute crimes against humanity. +(i) The State of California, through its Public Employees’ Retirement System (PERS) and its State Teachers’ Retirement System (STRS), directly invests public funds in the government of Turkey, which then reaps profits while actively denying the Armenian Genocide, funding its continued campaign of denial, at least in part, through these investments in its economy. +(j) By investing public funds in the government of Turkey, the State of California as the embodiment of its citizens contradicts its longstanding, just position of recognizing the Armenian Genocide and urging the government of Turkey to acknowledge its responsibility and work toward a just resolution by honoring its obligations under international treaties and human rights laws, to end all forms of religious discrimination and persecution, and to return Christian church properties to their rightful owners. +(k) It is the government of Turkey, not the people of Turkey, that is responsible for Turkey’s continued egregious violations of human rights and active pursuit of genocide denial, cultural erasure, and historical revisionism. +(l) PERS currently has investment holdings in bonds directly issued by the Republic of Turkey in excess of $185,000,000. +(m) STRS currently has investment holdings in bonds directly issued by the Republic of Turkey in excess of several hundred million dollars. +(n) Investment in the Republic of Turkey enables its government to continue to deny justice to the Armenian people. +(o) Divesting these funds would ensure that the State of California is in no way complicit in the continued denial of the Armenian Genocide by the government of Turkey and would encourage said government to acknowledge the Armenian Genocide and to reach a fair and just resolution of reparations for the survivors of the Armenian Genocide. +SEC. 2. +Section 7513.76 is added to the Government Code, to read: +7513.76. +(a) As used in this section, the following terms have the following meanings: +(1) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board of the State Teachers’ Retirement System, as applicable. +(2) “Government of Turkey” means the government of Turkey or its instrumentalities or political subdivisions. “Government of Turkey” also includes any and all investment vehicles, government bonds, or financial institutions and entities that are owned, controlled, or operated by the government of Turkey. +(3) “Turkey” means the Republic of Turkey or any territory under the administration or control of Turkey. +(4) “Public employee retirement funds” means the Public Employees’ Retirement Fund described in Section 20062 and the Teachers’ Retirement Fund described in Section 22167 of the Education Code. +(b) The board shall not make additional or new investments or renew existing investments of public employee retirement funds in any investment vehicle in Turkey that meets either of the following criteria: +(1) The investment vehicle is issued by the government of Turkey. +(2) The investment vehicle is owned, controlled, or managed by the government of Turkey. +(c) The board shall liquidate investments in Turkey in an investment vehicle described in subdivision (b) +on or before July 1, 2018. +within six months of the passage of a federal law imposing sanctions on Turkey. +In making a determination whether to liquidate investments, the board shall constructively engage with the government of Turkey to establish whether the government of Turkey is transitioning to publicly accepting its responsibility for the Armenian Genocide. +(d) +On or before January 1, 2019, +Within one year of the passage of a federal law imposing sanctions on Turkey, +the board shall file a report with the Legislature, in compliance with Section 9795, and the Governor, that shall include the following: +(1) A list of investment vehicles in Turkey of which the board has liquidated its investments pursuant to subdivision (c). +(2) A list of investment vehicles in Turkey in connection with which the board engaged with the government of Turkey pursuant to subdivision (c), with supporting documentation to substantiate the board’s determination. +(3) A list of investment vehicles in Turkey of which the board has not liquidated its investments as a result of a determination made pursuant to subdivision (e) that a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution and the board’s findings adopted in support of that determination. +(e) Nothing in this section shall require a board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board described in Section 17 of Article XVI of the California Constitution. +SEC. 3. +Section 16642 of the Government Code is amended to read: +16642. +Present, future, and former board members of the Public Employees’ Retirement System or the State Teachers’ Retirement System, jointly and individually, state officers and employees, research firms described in subdivision (d) of Section 7513.6, and investment managers under contract with the Public Employees’ Retirement System or the State Teachers’ Retirement System shall be indemnified from the General Fund and held harmless by the State of California from all claims, demands, suits, actions, damages, judgments, costs, charges, and expenses, including court costs and attorney’s fees, and against all liability, losses, and damages of any nature whatsoever that these present, future, or former board members, officers, employees, research firms as described in subdivision (d) of Section 7513.6, or contract investment managers shall or may at any time sustain by reason of any decision to restrict, reduce, or eliminate investments pursuant to Sections 7513.6, 7513.7, 7513.75, and 7513.76.","The California Constitution grants the retirement board of a public employee retirement system plenary authority and fiduciary responsibility for investment of moneys and administration of the retirement fund and system. The California Constitution qualifies this grant of powers by reserving to the Legislature the authority to prohibit investments if it is in the public interest and the prohibition satisfies standards of fiduciary care and loyalty required of a retirement board. Existing law prohibits the boards of administration of the Public Employees’ Retirement System and State Teachers’ Retirement System from making investments in certain countries and in thermal coal companies, as specified, subject to the boards’ plenary authority and fiduciary responsibility for investment of moneys and administration of the systems. +This bill would prohibit the boards of administration of the Public Employees’ Retirement System and State Teachers’ Retirement System from making additional or new investments, or renewing existing investments, of public employee retirement funds in an investment vehicle in Turkey that is issued by the government of Turkey or that is owned, controlled, or managed by the government of Turkey. The bill would require the boards to liquidate existing investments in Turkey in these types of investment vehicles +on or before July 1, 2018, +within 6 months of the passage of a federal law imposing sanctions on Turkey, +subject to engagement with the government of Turkey regarding whether it is transitioning to publicly accepting its responsibility for the Armenian Genocide. The bill would require these boards, +on or before January 1, 2019, +within one year of the passage of a federal law imposing sanctions on Turkey, +to make a specified report to the Legislature and the Governor regarding these actions. The bill would provide that its provisions do not require a board to take any action that the board determines in good faith is inconsistent with its constitutional fiduciary responsibilities to the retirement system. The bill would indemnify from the General Fund and hold harmless the present, former, and future board members, officers, and employees of, and investment managers under contract with, in connection with actions relating to these investments.","An act to amend Section 16642 of, and to add Section 7513.76 to, the Government Code, relating to public employee retirement systems." +1169,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1305 of the Penal Code is amended to read: +1305. +(a) (1) A court shall in open court declare forfeited the undertaking of bail or the money or property deposited as bail if, without sufficient excuse, a defendant fails to appear for any of the following: +(A) Arraignment. +(B) Trial. +(C) Judgment. +(D) Any other occasion prior to the pronouncement of judgment if the defendant’s presence in court is lawfully required. +(E) To surrender himself or herself in execution of the judgment after appeal. +(2) (A) Notwithstanding paragraph (1), except as provided in subparagraph (B), the court shall not have jurisdiction to declare a forfeiture and the bail shall be released of all obligations under the bond if the case is dismissed or if no complaint is filed within 15 days from the date of arraignment. +(B) The court’s jurisdiction to declare a forfeiture and authority to release bail may be extended for not more than 90 days from the arraignment date originally set by the jailer pursuant to subdivision (a) of Section 1269b if either of the following occur: +(i) The prosecutor requests in writing or in open court that the arraignment be continued to allow the prosecutor time to file the complaint. +(ii) The defendant requests the extension in writing or in open court. +(b) (1) If the amount of the bond or money or property deposited exceeds four hundred dollars ($400), the clerk of the court shall, within 30 days of the forfeiture, mail notice of the forfeiture to the surety or the depositor of money posted instead of bail. At the same time, the court shall mail a copy of the forfeiture notice to the bail agent whose name appears on the bond. The clerk shall also execute a certificate of mailing of the forfeiture notice and shall place the certificate in the court’s file. If the notice of forfeiture is required to be mailed pursuant to this section, the 180-day period provided for in this section shall be extended by a period of five days to allow for the mailing. +(2) If the surety is an authorized corporate surety, and if the bond plainly displays the mailing address of the corporate surety and the bail agent, then notice of the forfeiture shall be mailed to the surety at that address and to the bail agent, and mailing alone to the surety or the bail agent shall not constitute compliance with this section. +(3) The surety or depositor shall be released of all obligations under the bond if any of the following conditions apply: +(A) The clerk fails to mail the notice of forfeiture in accordance with this section within 30 days after the entry of the forfeiture. +(B) The clerk fails to mail the notice of forfeiture to the surety at the address printed on the bond. +(C) The clerk fails to mail a copy of the notice of forfeiture to the bail agent at the address shown on the bond. +(c) (1) If the defendant appears either voluntarily or in custody after surrender or arrest in court within 180 days of the date of forfeiture or within 180 days of the date of mailing of the notice if the notice is required under subdivision (b), the court shall, on its own motion at the time the defendant first appears in court on the case in which the forfeiture was entered, direct the order of forfeiture to be vacated and the bond exonerated. If the court fails to so act on its own motion, then the surety’s or depositor’s obligations under the bond shall be immediately vacated and the bond exonerated. An order vacating the forfeiture and exonerating the bond may be made on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release. +(2) If, within the county where the case is located, the defendant is surrendered to custody by the bail or is arrested in the underlying case within the 180-day period, and is subsequently released from custody prior to an appearance in court, the court shall, on its own motion, direct the order of forfeiture to be vacated and the bond exonerated. If the court fails to so act on its own motion, then the surety’s or depositor’s obligations under the bond shall be immediately vacated and the bond exonerated. An order vacating the forfeiture and exonerating the bond may be made on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release. +(3) If, outside the county where the case is located, the defendant is surrendered to custody by the bail or is arrested in the underlying case within the 180-day period, the court shall vacate the forfeiture and exonerate the bail. +(4) In lieu of exonerating the bond, the court may order the bail reinstated and the defendant released on the same bond if both of the following conditions are met: +(A) The bail is given prior notice of the reinstatement. +(B) The bail has not surrendered the defendant. +(d) In the case of a permanent disability, the court shall direct the order of forfeiture to be vacated and the bail or money or property deposited as bail exonerated if, within 180 days of the date of forfeiture or within 180 days of the date of mailing of the notice, if notice is required under subdivision (b), it is made apparent to the satisfaction of the court that both of the following conditions are met: +(1) The defendant is deceased or otherwise permanently unable to appear in the court due to illness, insanity, or detention by military or civil authorities. +(2) The absence of the defendant is without the connivance of the bail. +(e) (1) In the case of a temporary disability, the court shall order the tolling of the 180-day period provided in this section during the period of temporary disability, provided that it appears to the satisfaction of the court that the following conditions are met: +(A) The defendant is temporarily disabled by reason of illness, insanity, or detention by military or civil authorities. +(B) Based upon the temporary disability, the defendant is unable to appear in court during the remainder of the 180-day period. +(C) The absence of the defendant is without the connivance of the bail. +(2) The period of the tolling shall be extended for a reasonable period of time, at the discretion of the court, after the cessation of the disability to allow for the return of the defendant to the jurisdiction of the court. +(f) In all cases where a defendant is in custody beyond the jurisdiction of the court that ordered the bail forfeited, and the prosecuting agency elects not to seek extradition after being informed of the location of the defendant, the court shall vacate the forfeiture and exonerate the bond on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release. +(g) In all cases of forfeiture where a defendant is not in custody and is beyond the jurisdiction of the state, is temporarily detained, by the bail agent, in the presence of a local law enforcement officer of the jurisdiction in which the defendant is located, and is positively identified by that law enforcement officer as the wanted defendant in an affidavit signed under penalty of perjury, and the prosecuting agency elects not to seek extradition after being informed of the location of the defendant, the court shall vacate the forfeiture and exonerate the bond on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release. +(h) In cases arising under subdivision (g), if the bail agent and the prosecuting agency agree that additional time is needed to return the defendant to the jurisdiction of the court, and the prosecuting agency agrees to the tolling of the 180-day period, the court may, on the basis of the agreement, toll the 180-day period within which to vacate the forfeiture. The court may order tolling for up to the length of time agreed upon by the parties. +(i) As used in this section, “arrest” includes a hold placed on the defendant in the underlying case while he or she is in custody on other charges. +(j) A motion filed in a timely manner within the 180-day period may be heard within 30 days of the expiration of the 180-day period. The court may extend the 30-day period upon a showing of good cause. The motion may be made by the surety insurer,","Existing law generally regulates the provision of bail or bond, including forfeiture, vacation of forfeiture, and exoneration of bail or bond. Existing law requires the court to declare bail to be forfeited if, without sufficient excuse, a defendant fails to appear as specified. Existing law denies the court jurisdiction to declare a forfeiture and requires the bail to be released of all obligations under the bond if the case is dismissed or if no complaint is filed within 15 days from the date of arraignment. +This bill would authorize an extension of the court’s jurisdiction to declare a forfeiture and authority to release bail for not more than 90 days from the date of the arraignment if the arraignment is properly continued to allow the prosecutor time to file the complaint or if the defendant requests the extension in writing or in open court.","An act to amend Section 1305 of the Penal Code, relating to bail." +1170,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 48412 of the Education Code is amended to read: +48412. +(a) (1) A person 16 years of age or older, or who has been enrolled in the 10th grade for one academic year or longer, or who will complete one academic year of enrollment in the 10th grade at the end of the semester during which the next regular examination will be conducted, may have his or her proficiency in basic skills taught in public high schools verified according to criteria established by the department. +(2) The state board shall award a “certificate of proficiency” to persons who demonstrate that proficiency. The certificate of proficiency shall be equivalent to a high school diploma, and the department shall keep a permanent record of the issuance of all certificates. +(b) (1) The department shall develop standards of competency in basic skills taught in public high schools and shall provide for the administration of examinations prepared by or with the approval of the department to verify competency. Regular examinations shall be held once in the fall semester and once in the spring semester of every academic year on a date, as determined by the department, that will enable notification of examinees and the schools they attend, if any, of the results thereof not later than two weeks before the date on which that semester ends in a majority of school districts that maintain high schools. +(2) In addition to regular examinations, the department may, at the discretion of the Superintendent, conduct examinations for all eligible persons once during each summer recess and may conduct examinations at any other time that the Superintendent deems necessary to accommodate eligible persons whose religious convictions or physical handicaps prevent their attending one of the regular examinations. +(c) (1) The department may charge a fee for each examination application in an amount sufficient to recover the costs of administering the requirements of this section. However, the fee shall not exceed an amount equal to the cost of test renewal and administration per examination application. All fees levied and collected pursuant to this section shall be deposited in the State Treasury for remittance to the current support appropriation of the department as reimbursement for costs of administering this section. Any reimbursements collected in excess of actual costs of administration of this section shall be transferred to the unappropriated surplus of the General Fund by order of the Director of Finance. +(2) The department shall not charge the fee to an examinee who meets all of the following criteria: +(A) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), or as a foster youth, as defined in subdivision (h). +(B) The examinee has not attained 25 years of age as of the date of the scheduled examination. +(C) For an examinee who qualifies as a homeless child or youth pursuant to subparagraph (A), the examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this subparagraph. +(3) For purposes of this subdivision, a “homeless services provider” includes either of the following: +(A) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. +(B) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department. +(4) The loss of fees pursuant to paragraph (2), if any, shall be deemed to be a cost of administering this section for purposes of paragraph (1). +(d) (1) The state board shall adopt rules and regulations as necessary for implementation of this section. +(2) Notwithstanding paragraph (1), the state board shall adopt emergency regulations, as necessary, to implement the provisions of subdivision (c), as amended by the act that added this paragraph. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. +(e) The department shall periodically review the effectiveness of the examinations administered pursuant to this section. The costs of this review may be recovered through the fees levied pursuant to subdivision (c). +(f) (1) On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following: +(A) The number of homeless youth and foster youth that took a high school proficiency test in each of the 2016, 2017, and 2018 calendar years. +(B) The impact of the opportunity to take a high school proficiency test at no cost on the number and percentage of homeless youth and foster youth taking a high school proficiency test. +(C) The estimated number of homeless youth and foster youth who may take a high school proficiency test in future years. +(D) Recommendations for a permanent funding source to cover the cost of the waived fees. +(E) The annual and projected administrative cost to the department. +(F) The annual and projected reimbursement to contractors pursuant to this section. +(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code. +(g) Additional state funds shall not be appropriated for purposes of implementing paragraph (2) of subdivision (c). +(h) For purposes of this section, a “foster youth” means any individual who meets or has ever met one of the following criteria: +(1) A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code. +(2) A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code. +SEC. 2. +Section 51421.5 of the Education Code, as added by Section 3 of Chapter 384 of the Statutes of 2015, is amended to read: +51421.5. +(a) If, for purposes of this article, a contractor or testing center charges an examinee its own separate fee, the contractor or testing center shall not charge that fee to an examinee who meets all of the following criteria: +(1) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), or as a foster youth, as defined in subdivision (h). +(2) The examinee has not attained 25 years of age as of the date of the scheduled examination. +(3) For an examinee who qualifies as a homeless child or youth pursuant to paragraph (1), the examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this paragraph. +(b) For purposes of this section, a “homeless services provider” includes either of the following: +(1) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. +(2) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department. +(c) Additional state funds shall not be appropriated for purposes of implementing this section. +(d) Notwithstanding subdivision (c), the Superintendent may use surplus funds in the Special Deposit Fund Account, established pursuant to Section 51427, to reimburse contractors for the loss of fees, if any, pursuant to this section. A contract executed by the department for the provision of examinations pursuant to Section 51421 or this section shall require that any contracting party accept all examinees, including those entitled to a fee waiver pursuant to this section. For purposes of this subdivision, “surplus funds” are funds remaining after the costs permitted by subdivision (a) of Section 51421 are paid. +(e) On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following: +(1) The number of homeless youth and foster youth that took a high school equivalency test in each of the 2016, 2017, and 2018 calendar years. +(2) The impact of the opportunity to take a high school equivalency test at no cost on the number and percentage of homeless youth and foster youth taking a high school equivalency test. +(3) The estimated number of homeless youth and foster youth who may take a high school equivalency test in future years. +(4) Recommendations for a permanent funding source to cover the cost of the waived fees. +(5) The annual and projected administrative cost to the department. +(6) The annual and projected reimbursement to the contractor pursuant to this section. +(f) The Superintendent shall adopt emergency regulations, as necessary, to implement this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. +(g) The department shall include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver pursuant to this section shall be absorbed by the contractor. +(h) For purposes of this section, a “foster youth” means any individual who meets or has ever met one of the following criteria: +(1) A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code. +(2) A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code. +(i) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2020, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 3. +Section 51421.5 of the Education Code, as added by Section 4 of Chapter 384 of the Statutes of 2015, is amended to read: +51421.5. +(a) If, for purposes of this article, a contractor or testing center charges an examinee its own separate fee, the contractor or testing center shall not charge that fee to an examinee who meets all of the following criteria: +(1) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), or as a foster youth, as defined in subdivision (f). +(2) The examinee has not attained 25 years of age as of the date of the scheduled examination. +(3) For an examinee who qualifies as a homeless child or youth pursuant to paragraph (1), the examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this paragraph. +(b) For purposes of this section, a “homeless services provider” includes either of the following: +(1) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. +(2) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department. +(c) Additional state funds shall not be appropriated for purposes of implementing this section. +(d) The Superintendent shall adopt emergency regulations, as necessary, to implement this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. +(e) The department shall include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver pursuant to this section shall be absorbed by the contractor. +(f) For purposes of this section, a “foster youth” means any individual who meets or has ever met one of the following criteria: +(1) A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code. +(2) A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code. +(g) This section shall become operative on July 1, 2019.","Existing law authorizes certain persons, including, among others, any person 16 years of age or older, to have his or her proficiency in basic skills taught in public high schools verified according to criteria established by the State Department of Education. Existing law requires the State Board of Education to award a certificate of proficiency to persons who demonstrate that proficiency. Existing law requires the department to develop standards of competency in basic skills taught in public high schools and to provide for the administration of examinations prepared by, or with the approval of, the department to verify competency. Existing law authorizes the department to charge a fee for each examination application in an amount sufficient to recover the costs of administering the requirements of these provisions but prohibits the fee from exceeding an amount equal to the cost of test renewal and administration per examination application. Existing law prohibits the department from charging the fee to an examinee who qualifies as a homeless child or youth and meets other specified criteria. +This bill would additionally prohibit the department from charging the fee to a foster youth, as defined, who is under 25 years of age. +Existing law separately requires the Superintendent of Public Instruction to issue a high school equivalency certificate and an official score report, or an official score report only, to a person who has not completed high school and who meets specified requirements, including, among others, having taken all or a portion of a general education development test that has been approved by the state board and administered by a testing center approved by the department, with a score determined by the state board to be equal to the standard of performance expected from high school graduates. Existing law authorizes the Superintendent to charge an examinee a one-time fee to pay costs related to administering these provisions and issuing a certificate, as specified. Existing law limits the amount of the fee to $20 per person and requires each scoring contractor to forward that fee to the Superintendent. Existing law prohibits a scoring contractor or testing center that charges its own separate fee from charging that separate fee to an examinee who qualifies as a homeless child or youth, is under 25 years of age, and can verify his or her status as a homeless child or youth. +This bill would additionally prohibit the scoring contractor or testing center from charging the fee to a foster youth, as defined, who is under 25 years of age. +Existing law requires the Superintendent, on or before December 1, 2018, to submit 2 reports to the appropriate policy and fiscal committees of the Legislature, one relating to high school proficiency tests, and one relating to high school equivalency tests, that each include, among other things, the number of homeless youth that took a high school proficiency or equivalency test in each of the 2016, 2017, and 2018 calendar years, and the impact of the opportunity to take a high school proficiency or equivalency test at no cost on the number and percentage of homeless youth taking a high school proficiency or equivalency test. +This bill would require the Superintendent to also incorporate data on high school proficiency or equivalency test examinees who are foster youth, as defined, into each report.","An act to amend Sections 48412 and 51421.5 of the Education Code, relating to pupils." +1171,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 30322 of the +Public Resources Code +is amended to read: +30322. +(a)For purposes of this article, except as provided in subdivision (b), an “ex parte communication” is any oral or written communication between a member of the commission or a member of the commission staff and an interested person, about a matter within the commission’s jurisdiction, which does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. +(b)The following communications are not ex parte communications: +(1)Any communication between a staff member acting in his or her official capacity and any commission member. +(2)Any communication limited entirely to procedural issues, including, but not limited to, the hearing schedule, location, format, or filing date. +(3)Any communication which takes place on the record during an official proceeding of a state, regional, or local agency that involves a member of the commission who also serves as an official of that agency. +(4)Any communication between a member of the commission, with regard to any action of another state agency or of a regional or local agency of which the member is an official, and any other official or employee of that agency, including any person who is acting as an attorney for the agency. +(5)Any communication between a nonvoting commission member and a staff member of a state agency where both the commission member and the staff member are acting in an official capacity. +(6)Any communication to a nonvoting commission member relating to an action pending before the commission, where the nonvoting commission member does not participate in that action, either through written or verbal communication, on or off the record, with other members of the commission. +SEC. 2. +Section 30324 of the +Public Resources Code +is amended to read: +30324. +(a)No commission member or commission staff member, nor any interested person, shall conduct an ex parte communication unless the commission member or commission staff member fully discloses and makes public the ex parte communication by providing a full report of the communication to the executive director within seven days after the communication or, if the communication occurs within seven days of the next commission hearing, to the commission on the record of the proceeding at that hearing. +(b)(1)The commission shall adopt standard disclosure forms for reporting ex parte communications which shall include, but not be limited to, all of the following information: +(A)The date, time, and location of the communication. +(B)(i)The identity of the person or persons initiating and the person or persons receiving the communication. +(ii)The identity of the person on whose behalf the communication was made. +(iii)The identity of all persons present during the communication. +(C)A complete, comprehensive description of the content of the ex parte communication, including a complete set of all text and graphic material that was part of the communication. +(2)The executive director shall place in the public record any report of an ex parte communication. +(c)Communications shall cease to be ex parte communications when fully disclosed and placed in the commission’s official record. +SECTION 1. +Section 30324.1 is added to the Public Resources Code, to read: +30324.1. +A commission staff member shall maintain records of and disclose any communication between the staff member acting in his or her official capacity and an interested person pertaining to a matter before the commission by including the following information in staff reports provided to commission members: +(a) The date of the communication with an interested person. +(b) The name of the interested person with whom the staff member communicated. +(c) The matter to which the communication applies. +(d) A statement of the interested person’s position with regard to the matter discussed and whether he or she represents another person or entity in the matter. +SEC. 3. +SEC. 2. +Section 30325 of the Public Resources Code is amended to read: +30325. +(a) Nothing in this article prohibits any person or any interested person from testifying at a commission hearing, workshop, or other official proceeding, or from submitting written comments for the record on a matter before the commission. +(b) +Transcripts +Video +or audio recordings of all hearings, workshops, or other +written +proceedings shall be +promptly +posted on the commission’s Internet Web site +to allow for public comment. +within 72 hours after the proceeding +. Written and electronic communications that are submitted to the commission as part of any such proceeding shall be posted on the commission’s Internet Web site within seven days of receipt +. +(c) Written comments shall be submitted by mail or delivered to a commission office, or may be delivered to the commission at the time and place of a scheduled hearing or within 30 days after the hearing.","The California Coastal Act of 1976, for purposes of the act, defines an “ex parte communication” as any oral or written communication between a member of the California Coastal Commission and an interested person about a matter within the commission’s jurisdiction, which does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter, but excludes from that definition any communication between a staff member acting in his or her official capacity and any commission member or interested person. The act prohibits a member of the commission and an interested person from conducting an ex parte communication, unless the member fully discloses and makes public the ex parte communication, as specified. +This bill would also make provisions prohibiting ex parte communications applicable to communications between a commission staff member and an interested party. +This bill would require commission staff members to maintain records and disclose any communication with an interested person pertaining to a matter before the commission by including specified information about the communication in staff reports provided to commission members. +Existing law authorizes any person to testify at a hearing or other official proceeding of the commission and to submit written comments for the record on a matter before the commission. +This bill would require +transcripts +video +or audio recordings of those proceedings to be +promptly +posted on the commission’s Internet Web site +to allow for public comment, as specified. +within 72 hours after the proceeding +and would require written and electronic communications submitted to the commission as part of those proceedings to be posted on the commission’s Internet Web site within 7 days of receipt +.","An act to amend +Sections 30322, 30324, and +Section +30325 +of +of, and to add Section 30324.1 to, +the Public Resources Code, relating to the California Coastal Commission." +1172,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares that it is the policy of the State of California to ensure that all persons have the full benefit of the rights, penalties, remedies, forums, and procedures established by the Unruh Civil Rights Act and that individuals shall not be deprived of those rights, penalties, remedies, forums, or procedures through the use of involuntary or coerced waivers. +(b) It is the purpose of this act to ensure that a contract to waive any of the rights, penalties, remedies, forums, or procedures under the Unruh Civil Rights Act, including any provision that has the effect of limiting the full application or enforcement of any right, remedy, forum, or procedure available under the Unruh Civil Rights Act, is a matter of voluntary consent, not coercion. +SEC. 2. +Section 51 of the Civil Code is amended to read: +51. +(a) This section shall be known, and may be cited, as the Unruh Civil Rights Act. +(b) All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. +(c) This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information. +(d) Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws. +(e) For purposes of this section: +(1) “Disability” means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code. +(2) (A) “Genetic information” means, with respect to any individual, information about any of the following: +(i) The individual’s genetic tests. +(ii) The genetic tests of family members of the individual. +(iii) The manifestation of a disease or disorder in family members of the individual. +(B) “Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. +(C) “Genetic information” does not include information about the sex or age of any individual. +(3) “Medical condition” has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code. +(4) “Religion” includes all aspects of religious belief, observance, and practice. +(5) “Sex” includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. +(6) “Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status” includes a perception that the person has any particular characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories. +(7) “Sexual orientation” has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code. +(f) A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section. +(g) Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section. +(h) Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632. +(i) (1) A person shall not require another person to waive any legal right, penalty, remedy, forum, or procedure for a violation of this section, as a condition of entering into a contract for goods or services, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Department of Fair Employment and Housing, or any court or other governmental entity. +(2) A person shall not refuse to enter into a contract with, or refuse to provide goods or services to, another person on the basis that the other person refuses to waive any legal right, penalty, remedy, forum, or procedure for a violation of this section, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Department of Fair Employment and Housing, or any other governmental entity. +(3) Any waiver of any legal right, penalty, remedy, forum, or procedure for a violation of this section, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Department of Fair Employment and Housing, or any other governmental entity shall be knowing and voluntary, and in writing, and expressly not made as a condition of entering into a contract for goods or services or as a condition of providing or receiving goods and services. This paragraph shall not affect any legal right, penalty, forum, or procedure for which state or federal law prohibits waiver. +(4) Any waiver of any legal right, penalty, remedy, forum, or procedure for a violation of this section that is required as a condition of entering into a contract for goods or services shall be deemed involuntary, unconscionable, against public policy, and unenforceable. Nothing in this subdivision shall affect the enforceability or validity of any other provision of the contract. +(5) Any person who seeks to enforce a waiver of any legal right, penalty, remedy, forum, or procedure for a violation of this section shall have the burden of proving that the waiver was knowing and voluntary and not made as a condition of the contract or of providing or receiving the goods or services. +(6) This subdivision shall apply to any agreement to waive any legal right, penalty, remedy, forum, or procedure for a violation of this section, including an agreement to accept private arbitration, entered into, altered, modified, renewed, or extended on or after January 1, 2017. +(7) In addition to injunctive relief and any other remedies available, a court may award a plaintiff enforcing his or her rights under this section reasonable attorney’s fees. +(8) The provisions of this subdivision are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. +(j) Nothing in this section shall prohibit a person from knowingly and voluntarily entering into binding arbitration.","The Unruh Civil Rights Act provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. +This bill would require a waiver of a legal right, penalty, remedy, forum, or procedure for a violation of the Unruh Civil Rights Act, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Department of Fair Employment and Housing, or any other governmental entity, to be knowing and voluntary, in writing, and expressly not made as a condition of entering into a contract for goods or services or as a condition of providing or receiving goods and services. The bill, among other things, would require a person who seeks to enforce a waiver of any legal right, penalty, remedy, forum, or procedure for a violation of the act to have the burden of proving that the waiver was knowing and voluntary and not made as a condition of the contract or of providing or receiving the goods or services. The bill would provide that, with certain exceptions, it applies to any agreement to waive a legal right, penalty, remedy, forum, or procedure for a violation of the act, including an agreement to accept private arbitration, entered into, altered, modified, renewed, or extended on or after January 1, 2017. +The bill +would provide that nothing in these provisions shall prohibit a person from knowingly and voluntarily entering into binding arbitration. +The bill also would make findings and declarations.","An act to amend Section 51 of the Civil Code, relating to civil rights." +1173,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6377.5 is added to the Revenue and Taxation Code, to read: +6377.5. +(a) On and after January 1, 2017, +and before January 1, 2030, +there are exempted from the taxes imposed by this part +the +both of the following: +(1) The +gross receipts from the sale +of, and the +of hydrogen refueling station equipment to a qualified grant recipient. +(2) The +storage, use, or other consumption in this state +of, +of +hydrogen refueling station equipment +to or +by a qualified grant +recipient before January 1, 2030. +recipient. +(b) As used in this section, the following definitions shall apply: +(1) “Qualified grant recipient” means a person who has received a grant pursuant to Section 44272 of the Health and Safety Code for the development of hydrogen refueling stations within this state. +(2) “Hydrogen refueling station” means any motor vehicle fueling station which provides hydrogen fuel, either exclusively or concurrently with other motor vehicle fuels, for use by fuel cell electric vehicles. +(3) “Hydrogen refueling station equipment” means any of the following: +(A) Equipment, including, but not limited to, machinery, devices, contrivances, and component, repair, or replacement parts, whether purchased separately or in conjunction with a complete machine and regardless of whether the equipment or component parts are assembled by the grant recipient or another party, to be located at a hydrogen refueling station within this state and used exclusively for the distribution, dispensing, storage, or production of hydrogen fuel for fuel cell electric vehicles, including, but not limited to, pressurized storage, compression, pre-cooling, and pumping of hydrogen fuel. +(B) Personal property that is software or software services, regardless of location, and computer, computer-type, or data processing hardware or hardware services, regardless of location, that is used exclusively for the distribution, dispensing, storage, or production of hydrogen fuel at a hydrogen refueling station for fuel cell electric vehicles. +(C) Any other personal property required to operate, control, regulate, or maintain the hydrogen refueling station equipment set forth in subparagraph (A) or (B). +(4) “Fuel cell” means a device that directly or indirectly creates electricity through an electrochemical process using hydrogen, or hydrogen-rich, fuel and oxygen or another oxidizing agent. +SEC. 2. +Section 17053.55 is added to the Revenue and Taxation Code, to read: +17053.55. +(a) For the taxable years beginning on or after January 1, 2016, and before January 1, 2017, there shall be allowed to a qualified grant recipient a credit against the “net tax,” as defined in Section 17039, for the taxable year, in an amount equal to the sum of sales tax reimbursements and use taxes previously paid during the period from January 1, 2014, to January 1, 2017, by the qualified grant recipient for hydrogen refueling station equipment. +(b) For the purposes of this section, the terms “qualified grant recipient” and “hydrogen refueling station equipment” have the same meanings as specified in Section 6377.5. +(c) In the case of a pass-thru entity, a credit under this section shall be allowed to the pass-thru entity and passed through to the partners or shareholders in accordance with the applicable provisions of this part. As used in this subdivision, “pass-thru entity” means any partnership or “S” corporation. +(d) If a credit otherwise allowed by this section exceeds the “net tax” for the taxable year, that portion of the credit that exceeds the “net tax” may be carried over and added to the credit in the succeeding taxable years, if necessary, until the credit is exhausted. +(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. +(f) Section 41 does not apply to the credit allowed by this section. +(g) This section shall remain in effect only until December 1, 2017, and as of that date is repealed. +SEC. 3. +Section 23655 is added to the Revenue and Taxation Code, to read: +23655. +(a) For the taxable years beginning on or after January 1, 2016, and before January 1, 2017, there shall be allowed to a qualified grant recipient a credit against the “tax,” as defined in Section 23036, for the taxable year in an amount equal to the sum of sales tax reimbursements and use taxes previously paid during the period from January 1, 2014, to January 1, 2017, by the qualified grant recipient for hydrogen refueling station equipment. +(b) For the purposes of this section, the terms “qualified grant recipient” and “hydrogen refueling station equipment” have the same meanings as specified in Section 6377.5. +(c) In the case of a pass-thru entity, a credit under this section shall be allowed to the pass-thru entity and passed through to the partners or shareholders in accordance with the applicable provisions of this part. As used in this subdivision, “pass-thru entity” means any partnership. +(d) If a credit otherwise allowed by this section exceeds the “tax” for the taxable year, that portion of the credit that exceeds the “tax” may be carried over and added to the credit in the succeeding taxable years, if necessary, until the credit is exhausted. +(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. +(f) Section 41 does not apply to the credit allowed by this section. +(g) This section shall remain in effect only until December 1, 2017, and as of that date is repealed. +SEC. 4. +Notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any sales and use tax revenues lost by it under this act. +SEC. 5. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","(1) Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Existing law provides various exemptions from the taxes imposed by those laws. +This bill, on and after January 1, 2017, and before January 1, 2030, would exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption in this state of, hydrogen refueling station equipment, as defined, purchased by a recipient of a grant pursuant to the Alternative and Renewable Fuel and Vehicle Technology Program for the development of hydrogen refueling stations. +The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to state sales and use taxes are incorporated into these laws. +Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. +This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill. +(2) The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. +This bill would allow to a grant recipient described above a credit against those taxes for the taxable years beginning on or after January 1, 2016, and before January 1, 2017, for an amount equal to the sum of the sales tax reimbursements or use taxes previously paid by a grant recipient for hydrogen refueling station equipment during the period from January 1, 2014, to January 1, 2017, as provided. The bill would repeal these provisions as of December 1, 2017. +(3) This bill would take effect immediately as a tax levy.","An act to add Section 6377.5 to, and to add and repeal Sections 17053.55 and 23655 of, the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +1174,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17052.6 of the Revenue and Taxation Code is amended to read: +17052.6. +(a) For each taxable year beginning on or after January 1, 2000, there shall be allowed as a credit against the “net +tax”, +tax, +” +as defined in Section 17039, an amount determined in accordance with Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, except that the amount of the credit shall be a percentage, as provided in subdivision (b) of the allowable federal credit without taking into account whether there is a federal tax liability. +(b) For the purposes of subdivision (a), the percentage of the allowable federal credit shall be determined as follows: +(1) For taxable years beginning before January 1, 2003: + +If the adjusted gross income is: +The percentage of +credit is: +$40,000 or less ........................ +63% +Over $40,000 but not over $70,000 ........................ +53% +Over $70,000 but not over $100,000 ........................ +42% +Over $100,000 ........................ +0% +(2) For taxable years beginning on or after January 1, 2003, and before January 1, 2016: + +If the adjusted gross income is: +The percentage of +credit is: +$40,000 or less ........................ +50% +Over $40,000 but not over $70,000 ........................ +43% +Over $70,000 but not over $100,000 ........................ +34% +Over $100,000 ........................ +0% +(3) For taxable years beginning on or after January 1, +2016: +2016, and before January 1, 2019: + +If the adjusted gross income is: +The percentage of +credit is: +$100,000 or less +200% +Over $100,000 but not over $125,000 +100% +Over $125,000 but not over $150,000 +50% +Over $150,000 +0% + +If the adjusted gross income is: +The percentage of +credit is: + +If the adjusted gross income is: +The percentage of +credit is: + +If the adjusted gross income is: +The percentage of +credit is: +$40,000 or less ........................ +65% +Over $40,000 but not over $70,000 ........................ +50% +Over $70,000 but not over $100,000 ........................ +34% +Over $100,000 ........................ +0% +(4) For taxable years beginning on or after January 1, 2019: + +If the adjusted gross income is: +The percentage of +credit is: +$40,000 or less ........................ +50% +Over $40,000 but not over $70,000 ........................ +43% +Over $70,000 but not over $100,000 ........................ +34% +Over $100,000 ........................ +0% +(c) For purposes of this section, “adjusted gross income” means adjusted gross income as computed for purposes of paragraph (2) of subdivision (h) of Section 17024.5. +(d) The credit authorized by this section shall be limited, as follows: +(1) Employment-related expenses, within the meaning of Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, shall be limited to expenses for household services and care provided in this state. +(2) Earned income, within the meaning of Section 21(d) of the Internal Revenue Code, relating to earned income limitation, shall be limited to earned income subject to tax under this part. For purposes of this paragraph, compensation received by a member of the +armed forces +Armed Forces +for active services as a member of the +armed forces, +Armed Forces, +other than pensions or retired pay, shall be considered earned income subject to tax under this part, whether or not the member is domiciled in this state. +(e) For purposes of this section, Section 21(b)(1) of the Internal Revenue Code, relating to a qualifying individual, is modified to additionally provide that a child, as defined in Section +152(c)(3) +152(f)(1) +of the Internal Revenue Code, relating to +age requirements, +child defined, +shall be treated, for purposes of Section 152 of the Internal Revenue Code, relating to dependent defined, as applicable for purposes of this section, as receiving over one-half of his or her support during the calendar year from the parent having custody for a greater portion of the calendar year, that parent shall be treated as a “custodial parent,” within the meaning of Section 152(e) of the Internal Revenue Code, relating to special rule for divorced parents, etc., as applicable for purposes of this section, and the child shall be treated as a qualifying individual under Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, as applicable for purposes of this section, if both of the following apply: +(1) The child receives over one-half of his or her support during the calendar year from his or her parents who never married each other and who lived apart at all times during the last six months of the calendar year. +(2) The child is in the custody of one or both of his or her parents for more than one-half of the calendar year. +(f) The amendments to this section made by Section 1.5 of Chapter 824 of the Statutes of 2002 shall apply only to taxable years beginning on or after January 1, 2002. +(g) The amendments made to this section by Chapter 14 of the Statutes of 2011 shall apply to taxable years beginning on or after January 1, 2011. +SEC. 2. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The Personal Income Tax Law, in modified conformity to federal income tax law, authorizes a credit for household and dependent care expenses necessary for gainful employment, as provided. That law provides that the amount of the state credit is a percentage of the allowable federal credit determined on the basis of the amount of federal adjusted gross income earned, as provided. +This bill, for taxable years beginning on or after January 1, 2016, +and before January 1, 2019, +would increase the amount of the applicable state credit percentage +and revise adjusted gross income amounts, as provided. +for taxpayers with adjusted gross income amounts of $70,000 or less, as provided. +This bill would take effect immediately as a tax levy.","An act to amend Section 17052.6 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +1175,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19620.2 of the Business and Professions Code is amended to read: +19620.2. +(a) (1) Any unallocated balance from Section 19620.1 and any revenue deposited in the Fair and Exposition Fund pursuant to Section 7101.4 of the Revenue and Taxation Code is hereby appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs for fair projects involving public health and safety, for fair projects involving major and deferred maintenance, for fair projects necessary due to any emergency, for projects that are required by physical changes to the fair site, for projects that are required to protect the fair property or installation, such as fencing and flood protection, and for the acquisition or improvement of any property or facility that will serve to enhance the operation of the fair. +(2) Any revenues deposited into the Fair and Exposition Fund pursuant to Section 7101.4 of the Revenue and Taxation Code shall not be allocated to any fair located in the County of Los Angeles. +(3) Any revenues deposited into the Fair and Exposition Fund pursuant to Section 7101.4 of the Revenue and Taxation Code shall only be allocated to a state-designated fair if nonmanagement employees at that state-designated fair, or nonmanagement employees at any real property of that state-designated fair that is leased to another party, are provided the following working conditions: +(A) The employee receives a meal period of not less than 30 minutes for a work period of more than five hours per day, unless the work period per day of the employee is less than six hours and the meal period is waived by mutual consent of both the employer and the employee. +(B) The employee receives a second meal period of not less than 30 minutes for a work period of more than 10 hours per day, unless the work period per day of the employee is less than 12 hours, the second meal period is waived by mutual consent of both the employer and the employee, and the first meal period was not waived. +(C) Any work in excess of eight hours in one workday, any work in excess of 40 hours in any one workweek, and the first eight hours worked on the seventh day of work in any one workweek is compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. +(D) Any work in excess of 12 hours in one day is compensated at the rate of no less than twice the regular rate of pay for an employee. +(E) Any work in excess of eight hours on any seventh day of a workweek is compensated at the rate of no less than twice the regular rate of pay for an employee. +(b) A portion of the funds subject to allocation pursuant to subdivision (a) may be allocated to California fairs for general operational support. It is the intent of the Legislature that these moneys be used primarily for those fairs whose sources of revenue may be limited for purposes specified in this section. +(c) This section shall be repealed on January 1, 2022. +SEC. 2. +Section 19620.2 is added to the Business and Professions Code, to read: +19620.2. +(a) Any unallocated balance from Section 19620.1 is hereby appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs for fair projects involving public health and safety, for fair projects involving major and deferred maintenance, for fair projects necessary due to any emergency, for projects that are required by physical changes to the fair site, for projects that are required to protect the fair property or installation, such as fencing and flood protection, and for the acquisition or improvement of any property or facility that will serve to enhance the operation of the fair. +(b) A portion of the funds subject to allocation pursuant to subdivision (a) may be allocated to California fairs for general operational support. It is the intent of the Legislature that these moneys be used primarily for those fairs whose sources of revenue may be limited for purposes specified in this section. +(c) This section shall become operative on January 1, 2022. +SEC. 3. +Section 6453.1 is added to the Revenue and Taxation Code, to read: +6453.1. +(a) For purposes of this part only, the return shall segregate the gross receipts of the seller and the sales price of the property when the place of sale in this state or use in this state for purposes of this part is on or within the real property of a state-designated fair or any real property of a state-designated fair that is leased to another party. +(b) For purposes of this section, “state-designated fair” means a state designated fair as defined in Sections 19418, 19418.1, 19418.2, and 19418.3 of the Business and Professions Code, excluding any fair located in the County of Los Angeles. +(c) Notwithstanding any provision of the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) or the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), this section shall not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws. +(d) This section shall be repealed on January 1, 2022. +SEC. 4. +Section 7101.4 is added to the Revenue and Taxation Code, to read: +7101.4. +(a) Notwithstanding Section 7101 or any other law, except as otherwise required to be transferred pursuant to the California Constitution or Sections +6051.2, +6051.8, 6051.15, +6201.2, +6201.8, +6201.15, and 7101.3 +and 6201.15 +or subdivision (a) of Section 7102, 30 percent of all revenues, less refunds and costs of administration, derived under this part that were segregated pursuant to Section 6453.1, upon receipt shall be transferred to the Fair and Exposition Fund in the State Treasury. Any amounts deposited in the Fair and Exposition Fund pursuant to this section shall be continuously appropriated and allocated as provided in Section 19620.2 of the Business and Professions Code. +(b) This section shall be repealed on January 1, 2022.","Existing law establishes the Fair and Exposition Fund to, among other things, allocate moneys for the support of the network of California fairs. The balance of moneys in that fund, after appropriation by the Legislature for specified oversight and auditing costs, are continuously appropriated for capital outlay for specified fair projects. Existing sales and use laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state measured by sales price, and requires that revenues, less refunds, derived from a specified rate of that tax be transferred to specified funds and then the balance to the General Fund. +This bill would require a tax return filed for the purposes of the Sales and Use Tax Law to segregate the gross receipts of the seller and the sales price of the property on a form prescribed by the State Board of Equalization when the place of sale or use in this state is on or within the real property of a state-designated fair, as defined, which excludes any fair located in the County of Los Angeles, or any real property of a state-designated fair that is leased to another party. +The bill would require, except as specified, that 30% of all revenues, less refunds and costs of administration, derived from those segregated sales and use tax amounts that would have been deposited into the General Fund instead be deposited into the Fair and Exposition Fund and continuously appropriated for allocation by the Secretary of Food and Agriculture for specified fair +projects. +projects and subject to certain conditions. +The bill would repeal these provisions on January 1, 2022.","An act to amend, repeal, and add Section 19620.2 of the Business and Professions Code, and to add and repeal Sections 6453.1 and 7101.4 of the Revenue and Taxation Code, relating to state-designated fairs, and making an appropriation therefor." +1176,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 19353 of the Business and Professions Code is amended to read: +19353. +Beginning on March 1, 2023, and on or before March 1 of each year thereafter, each licensing authority shall prepare and submit to the Legislature an annual report on the authority’s activities, in compliance with Section 9795 of the Government Code, and post the report on the authority’s Internet Web site. The report shall include, but not be limited to, the following information for the previous fiscal year: +(a) The amount of funds allocated and spent by the licensing authority for medical cannabis licensing, enforcement, and administration. +(b) The number of state licenses issued, renewed, denied, suspended, and revoked, by state license category. +(c) The average time for processing state license applications, by state license category. +(d) The number of appeals from the denial of state licenses or other disciplinary actions taken by the licensing authority and the average time spent on these appeals. +(e) The number of complaints submitted by citizens or representatives of cities or counties regarding licensees, provided as both a comprehensive statewide number and by geographical region. +(f) The number and type of enforcement activities conducted by the licensing authorities and by local law enforcement agencies in conjunction with the licensing authorities or the bureau. +(g) The number, type, and amount of penalties, fines, and other disciplinary actions taken by the licensing authorities. +SEC. 2. +Section 11362.775 of the Health and Safety Code is amended to read: +11362.775. +(a) Subject to subdivision (d), qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order collectively or cooperatively to cultivate cannabis for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570. +(b) A collective or cooperative that operates pursuant to this section and manufactures medical cannabis products shall not, solely on the basis of that fact, be subject to state criminal sanctions under Section 11379.6 if the collective or cooperative abides by all of the following requirements: +(1) The collective or cooperative does either or both of the following: +(A) Utilizes only manufacturing processes that are either solventless or that employ only nonflammable, nontoxic solvents that are generally recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.). +(B) Utilizes only manufacturing processes that use solvents exclusively within a closed-loop system that meets all of the following requirements: +(i) The system uses only solvents that are generally recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.). +(ii) The system is designed to recapture and contain solvents during the manufacturing process, and otherwise prevent the off-gassing of solvents into the ambient atmosphere to mitigate the risks of ignition and explosion during the manufacturing process. +(iii) A licensed engineer certifies that the system was commercially manufactured, safe for its intended use, and built to codes of recognized and generally accepted good engineering practices, including, but not limited to, the American Society of Mechanical Engineers (ASME), the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or OSHA Nationally Recognized Testing Laboratories (NRTLs). +(iv) The system has a certification document that contains the signature and stamp of a professional engineer and the serial number of the extraction unit being certified. +(2) The collective or cooperative receives and maintains approval from the local fire official for the closed-loop system, other equipment, the extraction operation, and the facility. +(3) The collective or cooperative meets required fire, safety, and building code requirements in one or more of the following: +(A) The California Fire Code. +(B) The National Fire Protection Association (NFPA) standards. +(C) International Building Code (IBC). +(D) The International Fire Code (IFC). +(E) Other applicable standards, including complying with all applicable fire, safety, and building codes in processing, handling, and storage of solvents or gasses. +(4) The collective or cooperative is in possession of a valid seller’s permit issued by the State Board of Equalization. +(5) The collective or cooperative is in possession of a valid local license, permit, or other authorization specific to the manufacturing of medical cannabis products, and in compliance with any additional conditions imposed by the city or county issuing the local license, permit, or other authorization. +(c) For purposes of this section, “manufacturing” means compounding, converting, producing, deriving, processing, or preparing, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, medical cannabis products. +(d) This section shall remain in effect only until one year after the Bureau of Medical Cannabis Regulation posts a notice on its Internet Web site that the licensing authorities have commenced issuing licenses pursuant to the Medical Cannabis Regulation and Safety Act (Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code). +(e) This section is repealed one year after the date upon which the notice is posted pursuant to subdivision (d). +SEC. 3. +Section 11362.9 of the Health and Safety Code is amended to read: +11362.9. +(a) (1) It is the intent of the Legislature that the state commission objective scientific research by the premier research institute of the world, the University of California, regarding the efficacy and safety of administering marijuana as part of medical treatment. If the Regents of the University of California, by appropriate resolution, accept this responsibility, the University of California shall create a program, to be known as the California Marijuana Research Program. +(2) The program shall develop and conduct studies intended to ascertain the general medical safety and efficacy of marijuana and, if found valuable, shall develop medical guidelines for the appropriate administration and use of marijuana. The studies may include studies to ascertain the effect of marijuana on motor skills. +(b) The program may immediately solicit proposals for research projects to be included in the marijuana studies. Program requirements to be used when evaluating responses to its solicitation for proposals, shall include, but not be limited to, all of the following: +(1) Proposals shall demonstrate the use of key personnel, including clinicians or scientists and support personnel, who are prepared to develop a program of research regarding marijuana’s general medical efficacy and safety. +(2) Proposals shall contain procedures for outreach to patients with various medical conditions who may be suitable participants in research on marijuana. +(3) Proposals shall contain provisions for a patient registry. +(4) Proposals shall contain provisions for an information system that is designed to record information about possible study participants, investigators, and clinicians, and deposit and analyze data that accrues as part of clinical trials. +(5) Proposals shall contain protocols suitable for research on marijuana, addressing patients diagnosed with acquired immunodeficiency syndrome (AIDS) or human immunodeficiency virus (HIV), cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The proposal may also include research on other serious illnesses, provided that resources are available and medical information justifies the research. +(6) Proposals shall demonstrate the use of a specimen laboratory capable of housing plasma, urine, and other specimens necessary to study the concentration of cannabinoids in various tissues, as well as housing specimens for studies of toxic effects of marijuana. +(7) Proposals shall demonstrate the use of a laboratory capable of analyzing marijuana, provided to the program under this section, for purity and cannabinoid content and the capacity to detect contaminants. +(c) In order to ensure objectivity in evaluating proposals, the program shall use a peer review process that is modeled on the process used by the National Institutes of Health, and that guards against funding research that is biased in favor of or against particular outcomes. Peer reviewers shall be selected for their expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the applicants or the topic of an approach taken in the proposed research. Peer reviewers shall judge research proposals on several criteria, foremost among which shall be both of the following: +(1) The scientific merit of the research plan, including whether the research design and experimental procedures are potentially biased for or against a particular outcome. +(2) Researchers’ expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the topic of, and the approach taken in, the proposed research. +(d) If the program is administered by the Regents of the University of California, any grant research proposals approved by the program shall also require review and approval by the research advisory panel. +(e) It is the intent of the Legislature that the program be established as follows: +(1) The program shall be located at one or more University of California campuses that have a core of faculty experienced in organizing multidisciplinary scientific endeavors and, in particular, strong experience in clinical trials involving psychopharmacologic agents. The campuses at which research under the auspices of the program is to take place shall accommodate the administrative offices, including the director of the program, as well as a data management unit, and facilities for storage of specimens. +(2) When awarding grants under this section, the program shall utilize principles and parameters of the other well-tested statewide research programs administered by the University of California, modeled after programs administered by the National Institutes of Health, including peer review evaluation of the scientific merit of applications. +(3) The scientific and clinical operations of the program shall occur, partly at University of California campuses, and partly at other postsecondary institutions, that have clinicians or scientists with expertise to conduct the required studies. Criteria for selection of research locations shall include the elements listed in subdivision (b) and, additionally, shall give particular weight to the organizational plan, leadership qualities of the program director, and plans to involve investigators and patient populations from multiple sites. +(4) The funds received by the program shall be allocated to various research studies in accordance with a scientific plan developed by the Scientific Advisory Council. As the first wave of studies is completed, it is anticipated that the program will receive requests for funding of additional studies. These requests shall be reviewed by the Scientific Advisory Council. +(5) The size, scope, and number of studies funded shall be commensurate with the amount of appropriated and available program funding. +(f) All personnel involved in implementing approved proposals shall be authorized as required by Section 11604. +(g) Studies conducted pursuant to this section shall include the greatest amount of new scientific research possible on the medical uses of, and medical hazards associated with, marijuana. The program shall consult with the Research Advisory Panel analogous agencies in other states, and appropriate federal agencies in an attempt to avoid duplicative research and the wasting of research dollars. +(h) The program shall make every effort to recruit qualified patients and qualified physicians from throughout the state. +(i) The marijuana studies shall employ state-of-the-art research methodologies. +(j) The program shall ensure that all marijuana used in the studies is of the appropriate medical quality and shall be obtained from the National Institute on Drug Abuse or any other federal agency designated to supply marijuana for authorized research. If these federal agencies fail to provide a supply of adequate quality and quantity within six months of the effective date of this section, the Attorney General shall provide an adequate supply pursuant to Section 11478. +(k) The program may review, approve, or incorporate studies and research by independent groups presenting scientifically valid protocols for medical research, regardless of whether the areas of study are being researched by the committee. +(l) (1) To enhance understanding of the efficacy and adverse effects of marijuana as a pharmacological agent, the program shall conduct focused controlled clinical trials on the usefulness of marijuana in patients diagnosed with AIDS or HIV, cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The program may add research on other serious illnesses, provided that resources are available and medical information justifies the research. The studies shall focus on comparisons of both the efficacy and safety of methods of administering the drug to patients, including inhalational, tinctural, and oral, evaluate possible uses of marijuana as a primary or adjunctive treatment, and develop further information on optimal dosage, timing, mode of administration, and variations in the effects of different cannabinoids and varieties of marijuana. +(2) The program shall examine the safety of marijuana in patients with various medical disorders, including marijuana’s interaction with other drugs, relative safety of inhalation versus oral forms, and the effects on mental function in medically ill persons. +(3) The program shall be limited to providing for objective scientific research to ascertain the efficacy and safety of marijuana as part of medical treatment, and should not be construed as encouraging or sanctioning the social or recreational use of marijuana. +(m) (1) Subject to paragraph (2), the program shall, prior to any approving proposals, seek to obtain research protocol guidelines from the National Institutes of Health and shall, if the National Institutes of Health issues research protocol guidelines, comply with those guidelines. +(2) If, after a reasonable period of time of not less than six months and not more than a year has elapsed from the date the program seeks to obtain guidelines pursuant to paragraph (1), no guidelines have been approved, the program may proceed using the research protocol guidelines it develops. +(n) In order to maximize the scope and size of the marijuana studies, the program may do any of the following: +(1) Solicit, apply for, and accept funds from foundations, private individuals, and all other funding sources that can be used to expand the scope or timeframe of the marijuana studies that are authorized under this section. The program shall not expend more than 5 percent of its General Fund allocation in efforts to obtain money from outside sources. +(2) Include within the scope of the marijuana studies other marijuana research projects that are independently funded and that meet the requirements set forth in subdivisions (a) to (c), inclusive. In no case shall the program accept any funds that are offered with any conditions other than that the funds be used to study the efficacy and safety of marijuana as part of medical treatment. Any donor shall be advised that funds given for purposes of this section will be used to study both the possible benefits and detriments of marijuana and that he or she will have no control over the use of these funds. +(o) (1) Within six months of the effective date of this section, the program shall report to the Legislature, the Governor, and the Attorney General on the progress of the marijuana studies. +(2) Thereafter, the program shall issue a report to the Legislature every six months detailing the progress of the studies. The interim reports required under this paragraph shall include, but not be limited to, data on all of the following: +(A) The names and number of diseases or conditions under study. +(B) The number of patients enrolled in each study by disease. +(C) Any scientifically valid preliminary findings. +(p) If the Regents of the University of California implement this section, the President of the University of California shall appoint a multidisciplinary Scientific Advisory Council, not to exceed 15 members, to provide policy guidance in the creation and implementation of the program. Members shall be chosen on the basis of scientific expertise. Members of the council shall serve on a voluntary basis, with reimbursement for expenses incurred in the course of their participation. The members shall be reimbursed for travel and other necessary expenses incurred in their performance of the duties of the council. +(q) No more than 10 percent of the total funds appropriated may be used for all aspects of the administration of this section. +(r) This section shall be implemented only to the extent that funding for its purposes is appropriated by the Legislature in the annual Budget Act.","(1) Existing law, the Medical Marijuana Regulation and Safety Act (MMRSA), provides for the licensure of persons engaged in specified activities relating to medical marijuana and establishes other regulatory provisions. That act also requires each licensing authority to prepare and submit to the Legislature an annual report on the authority’s activities and post the report on the authority’s Internet Web site. +This bill would require the report to also include the number of appeals from the denial of state licenses or other disciplinary actions taken by the licensing authority, the average time spent on these appeals, and the number of complaints submitted by citizens or representatives of cities or counties regarding licensees, as specified. +(2) Existing law authorizes the creation by the University of California of the California Marijuana Research Program, the purpose of which is to develop and conduct studies intended to ascertain the general medical safety and efficacy of marijuana, and if found valuable, to develop medical guidelines for the appropriate administration and use of marijuana. +This bill would specify that the studies may include studies to ascertain the effect of marijuana on motor skills. +(3) Existing law, until one year after the Bureau of Medical Cannabis Regulation posts a notice on its Internet Web site that licensing authorities have commenced issuing licenses pursuant to the MMRSA, exempts cooperatives and collectives who cultivate medical cannabis for qualified patients from criminal sanctions for specified activities related to the growing, sale, and distribution of marijuana. +This bill, during that same period, would exempt collectives and cooperatives that manufacture medical cannabis products from criminal sanctions for manufacturing medical cannabis if the cooperative or collective meets specified requirements, including using specified manufacturing processes and possessing a valid local license, permit, or other authorization.","An act to amend Section 19353 of the Business and Professions Code, and to amend Sections 11362.775 and 11362.9 of the Health and Safety Code, relating to medical marijuana." +1177,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 23152 of the Vehicle Code is amended to read: +23152. +(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. +(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. +For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. +In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. +(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code. +(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. +(e) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. +(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle. +(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle. +SEC. 2. +Section 23153 of the Vehicle Code is amended to read: +23153. +(a) It is unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. +(b) It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. +In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving. +(c) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated. +(d) It is unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210 and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving. +(e) Commencing July 1, 2018, it shall be unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense, and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving. +(f) It is unlawful for a person, while under the influence of any drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. +(g) It is unlawful for a person, while under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law makes it unlawful for a person who is under the influence of any alcoholic beverage or drug to drive a vehicle. Existing law makes it unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined. Existing law also makes it unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle and concurrently do any act forbidden by law or neglect any duty imposed by law that proximately causes bodily injury to another person other than the driver. +This bill would make it unlawful, commencing July 1, 2018, for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire, as defined, is a passenger in the vehicle at the time of the offense. The bill would also make it unlawful, commencing July 1, 2018, for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle, as specified, and concurrently do any act or neglect any duty that proximately causes bodily injury to another person other than the driver. Because this bill would expand the application of a crime to more people, it would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 23152 and 23153 of the Vehicle Code, relating to vehicles." +1178,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 130232 of the Public Utilities Code is amended to read: +130232. +(a) Except as provided in subdivision (f), purchase of all supplies, equipment, and materials, and the construction of all facilities and works, when the expenditure required exceeds twenty-five thousand dollars ($25,000), shall be by contract let to the lowest responsible bidder. Notice requesting bids shall be published at least once in a newspaper of general circulation. The publication shall be made at least 10 days before the date for the receipt of the bids. The commission, at its discretion, may reject any and all bids and readvertise. +(b) Except as provided for in subdivision (f), whenever the expected expenditure required exceeds one thousand dollars ($1,000), but not twenty-five thousand dollars ($25,000), the commission shall obtain a minimum of three quotations, either written or oral, that permit prices and terms to be compared. +(c) Where the expenditure required by the bid price is less than fifty thousand dollars ($50,000), the executive director may act for the commission. +(d) All bids for construction work submitted pursuant to this section shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: +(1) Cash. +(2) A cashier’s check made payable to the commission. +(3) A certified check made payable to the commission. +(4) A bidder’s bond executed by an admitted surety insurer, made payable to the commission. +(e) Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the commission beyond 60 days from the date that the award was made. +(f) The following provisions apply only to the Los Angeles County Metropolitan Transportation Authority: +(1) The contract shall be let to the lowest responsible bidder or, in the authority’s discretion, to the person who submitted a proposal that provides the best value to the commission on the basis of the factors identified in the solicitation when the purchase price of all supplies, equipment, and materials exceeds one hundred fifty thousand dollars ($150,000). “Best value” means the overall combination of quality, price, and other elements of a proposal that, when considered together, provide the greatest overall benefit in response to requirements described in the solicitation documents. The contract shall be let to the lowest responsible bidder when the purchase price of the construction of all facilities exceeds twenty-five thousand dollars ($25,000). +(2) The authority shall obtain a minimum of three quotations, either written or oral, that permit prices and terms to be compared whenever the expected expenditure required exceeds three thousand dollars ($3,000), but not one hundred fifty thousand dollars ($150,000). +(3) The authority may purchase supplies, equipment, and materials from a public auction sale, including public auctions held via the Internet, using the procedures established for all other participants in the public auction. +(4) The authority may participate in a procurement agreement involving other public entities that is identified by a procuring public entity or entities as a cooperative procuring agreement from which other public entities may make purchases or enter into contracts, and the authority may procure, and enter into contracts for, items purchased pursuant to that procurement agreement, notwithstanding that the authority may not be the procuring public entity, provided the procurement agreement is awarded or entered into by either of the following: +(A) One or more public entities or an organization of public entities, which may include the authority. +(B) A federal, state, or local public entity. +(5) (A) Notwithstanding any other provision of law requiring the authority to award contracts to the lowest responsible bidder, the authority may, except as to contracts for professional services involving private architectural, landscape architectural, engineering, environmental, land surveying, or construction management as defined in Sections 4525 and 4529.10 of the Government Code, do any of the following in facilitating contract awards with small business enterprises and disabled veteran business enterprises: +(i) Provide for a small business preference in construction, the construction component of a design-build team, the procurement of goods, or the delivery of services. The preference to a small business shall be 5 percent of the lowest responsible bidder meeting specifications that provides for small business participation. +(ii) Establish a subcontracting participation goal for small business enterprises on contracts financed with nonfederal funds and grant a preference of 5 percent to the lowest responsible bidders who meet the goal. +(iii) Require bidders, prior to the time bids are opened, to comply with the small business enterprise and disabled veteran business enterprise goals and requirements established by the authority on contracts financed with nonfederal funds. +(iv) In awarding contracts to the lowest responsible bidder, award the contract to the lowest responsible bidder meeting the small business enterprise and disabled veteran business enterprise goals. +(v) Set aside work for competition among certified small business enterprises and award a contract to the lowest responsible bidder whenever the expected expenditure required exceeds five thousand dollars ($5,000) but is less than three million dollars ($3,000,000), as long as price quotations are obtained by the authority from three or more certified small business enterprises. If the authority awards contracts under this clause, the authority, for purposes of legislative oversight, shall, on or before December 31, 2017, prepare and submit a report to the Legislature regarding contracts awarded pursuant to this clause. The report shall be submitted in compliance with Section 9795 of the Government Code. +(B) A small business enterprise recommended for a contract award through use of a set aside shall be performing a commercially useful function. A small business enterprise shall be presumed to be performing a commercially useful function if it performs and exercises responsibility of at least 30 percent of the total cost of the contract work with its own workforce. +(C) “Small business enterprise” as used in this paragraph, means a business enterprise that is classified as a small business under United States Small Business Administration rules and meets the current small business enterprise size standards found in Part 121 of Title 13 of the Code of Federal Regulations appropriate to the type of work the enterprise seeks to perform. The authority may establish limitations regarding the average annual gross receipts of a small business over the previous three fiscal years and establish limitations regarding the personal net worth of the owner of the small business, exclusive of the value of the owner’s personal residence. +(D) “Disabled veteran business enterprise” as used in this paragraph has the meaning as defined in Section 999 of the Military and Veterans Code. +(E) “Goal” as used in this paragraph means a numerically expressed objective that bidders are required to achieve.","Existing law creates the Los Angeles County Metropolitan Transportation Authority (LACMTA), with various powers and duties with respect to transportation planning, programming, construction, and operations. +Existing law authorizes LACMTA to provide for a small business preference of 5% of the lowest responsible bidder meeting specifications, with respect to contracts in construction, the construction component of a design-build team, the procurement of goods, or the delivery of services. Existing law also authorizes LACMTA to establish a subcontracting participation goal for small businesses on certain contracts financed with nonfederal funds and to grant a preference of 5% to the lowest responsible bidders that meet that goal. +This bill would also authorize LACMTA to establish disabled veteran business enterprise participation goals, and would define “disabled veteran business enterprise” for these purposes. +Existing law imposes various requirements on bidders relative to contracts involving small business enterprise goals. +This bill would delete those requirements and instead authorize LACMTA to require bidders to comply with small business enterprise and disabled veteran business enterprise goals and requirements established by LACMTA relative to contracts financed with nonfederal funds. The bill would also authorize LACMTA to award contracts under certain circumstances to small business enterprises with respect to work that is set aside for competition among certified small business enterprises, and would require the authority to report to the Legislature by December 31, 2017, regarding any contracts awarded in this regard.","An act to amend Section 130232 of the Public Utilities Code, relating to transportation." +1179,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 709 of the Welfare and Institutions Code is amended to read: +709. +(a) (1) Whenever the court has a doubt that a minor who is subject to any juvenile proceedings is mentally competent, the court shall suspend all proceedings and proceed pursuant to this section. +(2) A minor is mentally incompetent for purposes of this section if he or she is unable to understand the nature of the proceedings, including his or her role in the proceedings, or unable to assist counsel in conducting a defense in a rational manner, including a lack of a rational and factual understanding of the nature of the charges or proceedings. Incompetency may result from the presence of any condition or conditions, including, but not limited to, mental illness, mental disorder, developmental disability, or developmental immaturity. Except as specifically provided otherwise, this section applies to a minor who is alleged to come within the jurisdiction of the court pursuant to Section 601 or 602. +(3) During the pendency of any juvenile proceeding, the court may receive information from any source regarding the minor’s ability to understand the proceedings. The minor’s counsel or the court may express a doubt as to the minor’s competency. The receipt of information or the expression of doubt of the minor’s counsel does not automatically require the suspension of proceedings. If the court has a doubt as to the minor’s competency, the court shall suspend the proceedings. +(b) (1) Unless the parties stipulate to a finding that the minor lacks competency, or the parties are willing to submit on the issue of the minor’s lack of competency, the court shall appoint an expert to evaluate the minor and determine whether the minor suffers from a mental illness, mental disorder, developmental disability, developmental immaturity, or other condition affecting competency and, if so, whether the minor is competent. +(2) The expert shall have expertise in child and adolescent development and forensic evaluation of juveniles for purposes of adjudicating competency, shall be familiar with competency standards and accepted criteria used in evaluating juvenile competency, and shall have received training in conducting juvenile competency evaluations. +(3) The expert shall personally interview the minor and review all of the available records provided, including, but not limited to, medical, education, special education, probation, child welfare, mental health, regional center, and court records, and any other relevant information that is available. The expert shall consult with the minor’s counsel and any other person who has provided information to the court regarding the minor’s lack of competency. The expert shall gather a developmental history of the minor. If any information is unavailable to the expert, he or she shall note in the report the efforts to obtain that information. The expert shall administer age-appropriate testing specific to the issue of competency unless the facts of the particular case render testing unnecessary or inappropriate. In a written report, the expert shall opine whether the minor has the sufficient present ability to consult with his or her counsel with a reasonable degree of rational understanding and whether he or she has a rational and factual understanding of the proceedings against him or her. The expert shall also state the basis for these conclusions. If the expert concludes that the minor lacks competency, the expert shall make recommendations regarding the type of remediation services that would be effective in assisting the minor in attaining competency, and, if possible, the expert shall address the likelihood of the minor attaining competency within a reasonable period of time. +(4) The Judicial +Council +Council, in conjunction with groups or individuals representing judges, defense counsel, district attorneys, counties, advocates for people with developmental and mental disabilities, state psychologists and psychiatrists, professional associations and accredited bodies for psychologists and psychiatrists, and other interested stakeholders, +shall adopt a rule of court identifying the training and experience needed for an expert to be competent in forensic evaluations of +juveniles, and +juveniles. The Judicial Council +shall develop and adopt rules for the implementation of the other requirements in this subdivision. +(5) Statements made to the appointed expert during the minor’s competency evaluation, statements made by the minor to mental health professionals during the remediation proceedings, and any fruits of those statements shall not be used in any other hearing against the minor in either juvenile or adult court. +(6) The district attorney or minor’s counsel may retain or seek the appointment of additional qualified experts who may testify during the competency hearing. The expert’s report and qualifications shall be disclosed to the opposing party within a reasonable time before, but no later than five court days before, the hearing. If disclosure is not made in accordance with this paragraph, the expert shall not be allowed to testify, and the expert’s report shall not be considered by the court unless the court finds good cause to consider the expert’s report and testimony. If, after disclosure of the report, the opposing party requests a continuance in order to further prepare for the hearing and shows good cause for the continuance, the court shall grant a continuance for a reasonable period of time. +(7) If the expert believes the minor is developmentally disabled, the court shall appoint the director of a regional center for developmentally disabled individuals described in Article 1 (commencing with Section 4620) of Chapter 5 of Division 4.5, or his or her designee, to evaluate the minor. The director of the regional center, or his or her designee, shall determine whether the minor is eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)), and shall provide the court with a written report informing the court of his or her determination. The court’s appointment of the director of the regional center for determination of eligibility for services shall not delay the court’s proceedings for determination of competency. +(8) An expert’s opinion that a minor is developmentally disabled does not supersede an independent determination by the regional center regarding the minor’s eligibility for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). +(9) Nothing in this section shall be interpreted to authorize or require either of the following: +(A) Placement of a minor who is incompetent in a developmental center or community facility operated by the State Department of Developmental Services without a determination by a regional center director, or his or her designee, that the minor has a developmental disability and is eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). +(B) Determinations regarding the competency of a minor by the director of the regional center or his or her designee. +(c) The question of the minor’s competency shall be determined at an evidentiary hearing unless there is a stipulation or submission by the parties on the findings of the expert. +The minor has the burden of establishing by a preponderance of the evidence that he or she is incompetent. +It shall be presumed that the minor is mentally competent, unless it is proven by a preponderance of the evidence that the minor is mentally incompetent. +(d) If the court finds the minor to be competent, the court shall reinstate proceedings and proceed commensurate with the court’s jurisdiction. +(e) If the court finds, by a preponderance of evidence, that the minor is incompetent, all proceedings shall remain suspended for a period of time that is no longer than reasonably necessary to determine whether there is a substantial probability that the minor will attain competency in the foreseeable future, or the court no longer retains jurisdiction. During this time, the court may make orders that it deems appropriate for services. Further, the court may rule on motions that do not require the participation of the minor in the preparation of the motions. These motions include, but are not limited to, all of the following: +(1) Motions to dismiss. +(2) Motions regarding a change in the placement of the minor. +(3) Detention hearings. +(4) Demurrers. +(f) Upon a finding of incompetency, the court shall refer the minor to services designed to help the minor attain competency. Service providers and evaluators shall adhere to the standards stated in this section and the California Rules of Court. Services shall be provided in the least restrictive environment consistent with public safety. Priority shall be given to minors in custody. Service providers shall determine the likelihood of the minor attaining competency within a reasonable period of time, and if the opinion is that the minor will not attain competency within a reasonable period of time, the minor shall be returned to court at the earliest possible date. The court shall review remediation services at least every 30 calendar days for minors in custody and every 45 calendar days for minors out of custody. +(g) (1) Upon receipt of the recommendation by the remediation program, the court shall hold an evidentiary hearing on whether the minor is remediated or is able to be remediated unless the parties stipulate to, or agree to the recommendation of, the remediation program. If the recommendation is that the minor has attained competency, and if the minor disputes that recommendation, the burden is on the minor to prove by a preponderance of evidence that he or she remains incompetent. If the recommendation is that the minor is unable to be remediated and if the prosecutor disputes that recommendation, the burden is on the prosecutor to prove by a preponderance of evidence that the minor is remediable. If the prosecution contests the evaluation of continued incompetence, the minor shall be presumed incompetent and the prosecution shall have the burden to prove by a preponderance of evidence that the minor is competent. The provisions of subdivision (c) shall apply at this stage of the proceedings. +(2) If the court finds that the minor has been remediated, the court shall reinstate the proceedings. +(3) If the court finds that the minor has not yet been remediated, but is likely to be +remediated, +remediated within a reasonable period of time, +the court shall order the minor to return to the remediation program. +(4) If the court finds that the minor will not achieve +competency, +competency within a reasonable period of time, +the court shall dismiss the petition. The court may invite persons and agencies with information about the minor, including, but not limited to, the minor and his or her attorney, the probation department, parents, guardians, or relative caregivers, mental health treatment professionals, the public guardian, educational rights holders, education providers, and social services agencies, to the dismissal hearing to discuss any services that may be available to the minor after jurisdiction is terminated. If appropriate, the court shall refer the minor for evaluation pursuant to Article 6 (commencing with Section 5300) of Chapter 2 of Part 1 of Division 5 or Article 3 (commencing with Section 6550) of Chapter 2 of Part 2 of Division 6. +(5) In no case shall remediation extend beyond two years, or a period of time equal to the maximum term of detention for the most serious charge on the petition, whichever is shorter, on a petition that contains a felony offense. In no case shall remediation extend beyond one year, or a period of time equal to the maximum term of detention provided by law for the most serious offense, whichever is shorter, on a petition that contains only misdemeanor offenses. +(h) The presiding judge of the juvenile court, the probation department, the county mental health department, the public defender and other entity that provides representation for minors, the district attorney, the regional center, if appropriate, and any other participants that the presiding judge shall designate, shall develop a written protocol describing the competency process and a program to ensure that minors who are found incompetent receive appropriate remediation services. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law authorizes, during the pendency of any juvenile proceeding, the minor’s counsel or the court to express a doubt as to the minor’s competency. Existing law requires proceedings to be suspended if the court finds substantial evidence raises a doubt as to the minor’s competency. Existing law requires the court to appoint an expert, as specified, to evaluate whether the minor suffers from a mental disorder, developmental disability, developmental immaturity, or other condition and, if so, whether the condition or conditions impair the minor’s competency. +This bill would revise and recast these provisions to, among other things, expand upon the duties imposed upon the expert during his or her evaluation of a minor whose competency is in doubt, as specified. The bill would authorize the district attorney or minor’s counsel to retain or seek the appointment of additional qualified experts with regard to determining competency, as specified. +The bill would require the Judicial Council to adopt a rule of court relating to the qualifications of those experts, as specified. +The bill would require +the question of +the minor’s competency to be determined at an evidentiary hearing, except as specified, and +places the burden on the minor to +establish +a presumption of competency, unless it is proven +by a preponderance of the evidence that he or she is incompetent. The bill would require the court, upon a finding of incompetency, to refer the minor to services designed to help the minor attain competency. If the court finds that the minor will not achieve +competency, +competency within a reasonable period of time, +the bill would require the court to dismiss the petition. The bill would authorize the court to invite specified persons and agencies to discuss any services that may be available to the minor after the court’s jurisdiction is terminated, and would require the court to make certain referrals for the minor. The bill would require, among others, the presiding judge of a juvenile court, the probation department, and the county mental health department to develop a written protocol describing the competency process and a program to ensure that minors who are found incompetent receive appropriate remediation services. +By +Notwithstanding these provisions, the bill would prohibit remediation services from exceeding certain time periods, as specified. +By +imposing additional duties on local officials, +the +this +bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 709 of the Welfare and Institutions Code, relating to juveniles." +1180,"The people of the State of California do enact as follows: + + +SECTION 1. +Article 1 (commencing with Section 104250) is added to Chapter 4 of Part 1 of Division 103 of the Health and Safety Code, to read: +Article 1. Diabetes. +104250. +The Legislature finds and declares all of the following: +(a) It is reported that one in seven adult Californians has diabetes, and the numbers are rising rapidly. The actual number of those whose lives are affected by diabetes is unknown and stands to be much higher when factoring in the incidence of type 1 diabetes and undiagnosed gestational diabetes. +(b) California has the greatest number of annual new cases of diabetes in the United States. +(c) The incidence of diabetes amongst all Californians has increased 32 percent over the past decade. +(d) Over 11.4 million people in California have prediabetes, a condition that is a precursor to full onset type 2 diabetes. This suggests that the total population of those diagnosed will continue to rise in the absence of interventions. +(e) The prevalence of diagnosed gestational diabetes in California has increased 60 percent in just seven years, from 3.3 percent of hospital deliveries in 1998 to 5.3 percent of hospital deliveries in 2005, with the federal Centers for Disease Control and Prevention stating that the diagnosis rate could run as high as 18.3 percent. +(f) The fiscal impact to the State of California, including total health care and related costs for the treatment of diabetes, was over $35.9 billion in 2010. +(g) There is a disproportionate prevalence of type 2 diabetes among Californians who are Black, Hispanic, or of Asian origin compared to the general population. As of 2010, the incidence of diabetes among Black and Hispanic people was nearly double that among non-Hispanic Whites at approximately 14 percent. Asians and Pacific Islanders, in the aggregate, experience higher rates of diabetes than other populations. Certain groups within the Asian and Pacific Islander population experience the highest prevalence and risk overall, including Filipino, South Asians, and Pacific Islanders, who suffer from diabetes at rates of 15 percent, 16 percent, and more than 18 percent, respectively. +(h) A recent study of a large state with a sizable diabetes population found that the rate of diagnosed diabetes in that state’s Medicaid population is nearly double that of its general population. +(i) There is no cure for any type of diabetes; however, there is evidence that diabetes can be prevented or delayed in onset through lifestyle changes and medical intervention. +(j) Diabetes, when left untreated, can lead to serious and costly complications and a reduced lifespan. +(k) Many of these serious complications can be delayed or avoided with timely diagnosis, effective patient self-care, and improved social awareness. +(l) It is the intent of the Legislature to require the State Department of Public Health to provide to the Legislature information, including the annual federal Centers for Disease Control and Prevention progress report, on diabetes prevention and management activities conducted by the State Department of Public Health and expenditures associated with diabetes prevention and management activities. These activities are set forth by the State Department of Public Health in the California Wellness Plan 2014 and the report dated September 2014 entitled “Burden of Diabetes in California.” +104251. +(a) The State Department of Public Health shall submit a report to the Legislature on or before January 1, 2019, that includes a summary and compilation of recommendations on diabetes prevention and management, if any, from all of the following sources: +(1) The University of California. +(2) The federal Centers for Disease Control and Prevention. +(3) The California Wellness Plan. +(4) Other statewide diabetes stakeholder groups. +(5) Other entities identified by the department as having relevant findings and recommendations. +(b) The department shall include in the report any recommendations from those institutions on all of the following items: +(1) Evidence-based strategies to prevent or manage diabetes. +(2) An analysis of the financial impact diabetes and its complications have on the state. +(3) Policy recommendations for the prevention and management of diabetes. +(c) The department shall also include in the report a description of the existing level of coordination between state departments with regard to programmatic activities and the provision of information to the public regarding managing and preventing diabetes and its complications. +(d) Commencing July 1, 2017, the department shall annually post all of the following information on its Internet Web site: +(1) A summary of the amount and source of any funding directed to the department for programs and activities aimed at preventing or managing diabetes. +(2) A summary of the expenditures by the department on programs and activities aimed at preventing or managing diabetes. +(e) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2024. +(2) The report submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.","Existing law establishes the State Department of Public Health and sets forth its powers and duties pertaining to, among other things, protecting, preserving, and advancing public health, including disseminating information regarding diseases. +This bill would require the State Department of Public Health to submit a report to the Legislature on or before January 1, 2019, that includes a summary and compilation of recommendations, as specified, on diabetes prevention and management from certain sources, including the University of California and the federal Centers for Disease Control and Prevention. The bill would require the department to, commencing July 1, 2017, annually post on its Internet Web site a summary of the amount and source of any funding directed to, and expenditures by, the department for programs and activities aimed at preventing or managing diabetes.","An act to add Article 1 (commencing with Section 104250) to Chapter 4 of Part 1 of Division 103 of the Health and Safety Code, relating to diabetes." +1181,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 7159.5 of the Business and Professions Code is amended to read: +7159.5. +This section applies to all home improvement contracts, as defined in Section 7151.2, between an owner or tenant and a contractor, whether a general contractor or a specialty contractor, that is licensed or subject to be licensed pursuant to this chapter with regard to the transaction. +(a) Failure by the licensee or a person subject to be licensed under this chapter, or by his or her agent or salesperson, to comply with the following provisions is cause for discipline: +(1) The contract shall be in writing and shall include the agreed contract amount in dollars and cents. The contract amount shall include the entire cost of the contract, including profit, labor, and materials, but excluding finance charges. +(2) If there is a separate finance charge between the contractor and the person contracting for home improvement, the finance charge shall be set out separately from the contract amount. +(3) If a downpayment will be charged, the downpayment may not exceed one thousand dollars ($1,000) or 10 percent of the contract amount, whichever is less. +(4) If, in addition to a downpayment, the contract provides for payments to be made prior to completion of the work, the contract shall include a schedule of payments in dollars and cents specifically referencing the amount of work or services to be performed and any materials and equipment to be supplied. +(5) Except for a downpayment, the contractor may neither request nor accept payment that exceeds the value of the work performed or material delivered. +(6) Upon any payment by the person contracting for home improvement, and prior to any further payment being made, the contractor shall, if requested, obtain and furnish to the person a full and unconditional release from any potential lien claimant claim or mechanics lien authorized pursuant to Sections 8400 and 8404 of the Civil Code for any portion of the work for which payment has been made. The person contracting for home improvement may withhold all further payments until these releases are furnished. +(7) If the contract provides for a payment of a salesperson’s commission out of the contract price, that payment shall be made on a pro rata basis in proportion to the schedule of payments made to the contractor by the disbursing party in accordance with paragraph (4). +(8) +A +Except as provided by Section 717 +1, a +contractor furnishing a performance and payment bond, lien and completion bond, or a bond equivalent or joint control approved by the registrar covering full performance and payment is exempt from paragraphs (3), (4), and (5), and need not include, as part of the contract, the statement regarding the downpayment specified in subparagraph (C) of paragraph (8) of subdivision (d) of Section 7159, the details and statement regarding progress payments specified in paragraph (9) of subdivision (d) of Section 7159, or the Mechanics Lien Warning specified in paragraph (4) of subdivision (e) of Section 7159. A contractor furnishing these bonds, bond equivalents, or a joint control approved by the registrar may accept payment prior to completion. If the contract provides for a contractor to furnish joint control, the contractor shall not have any financial or other interest in the joint control. +(b) A violation of paragraph (1), (3), or (5) of subdivision (a) by a licensee or a person subject to be licensed under this chapter, or by his or her agent or salesperson, is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. +(1) An indictment or information against a person who is not licensed but who is required to be licensed under this chapter shall be brought, or a criminal complaint filed, for a violation of this section, in accordance with paragraph (4) of subdivision (d) of Section 802 of the Penal Code, within four years from the date of the contract or, if the contract is not reduced to writing, from the date the buyer makes the first payment to the contractor. +(2) An indictment or information against a person who is licensed under this chapter shall be brought, or a criminal complaint filed, for a violation of this section, in accordance with paragraph (2) of subdivision (d) of Section 802 of the Penal Code, within two years from the date of the contract or, if the contract is not reduced to writing, from the date the buyer makes the first payment to the contractor. +(3) The limitations on actions in this subdivision shall not apply to any administrative action filed against a licensed contractor. +(c) Any person who violates this section as part of a plan or scheme to defraud an owner or tenant of a residential or nonresidential structure, including a mobilehome or manufactured home, in connection with the offer or performance of repairs to the structure for damage caused by a natural disaster, shall be ordered by the court to make full restitution to the victim based on the person’s ability to pay, as defined in subdivision (e) of Section 1203.1b of the Penal Code. In addition to full restitution, and imprisonment authorized by this section, the court may impose a fine of not less than five hundred dollars ($500) nor more than twenty-five thousand dollars ($25,000), based upon the defendant’s ability to pay. This subdivision applies to natural disasters for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code, or for which an emergency or major disaster is declared by the President of the United States. +SEC. 2. +Section 7169 is added to the Business and Professions Code, to read: +7169. +On or before July 1, 2017, the board shall develop, and make available on its Internet Web site, a “solar energy system disclosure document” which a solar energy systems company must provide to a consumer prior to completion of a sale, financing, or lease of a solar energy system. The “solar energy system disclosure document” shall include the following information: +(a) The amounts and sources of financing obtained. +(b) The total cost and payments for the system, including financing costs. +(c) The calculations used by the home improvement salesperson to determine how many panels the homeowner needs to install. +(d) The calculations used by the home improvement salesperson to determine how much energy the panels will generate. +(e) Any additional monthly fees the homeowner’s electric company may bill, any turn-on charges, and any fees added for the use of an Internet monitoring system of the panels or inverters. +(f) The terms and conditions of any guaranteed rebate. +(g) The final contract price, without the inclusion of possible rebates. +(h) The solar energy system company’s contractor license number. +(i) The impacts of solar energy system installations not performed to code. +(j) Types of solar energy system malfunctions. +(k) Information about the difference between a solar energy system lease and a solar energy system purchase. +(l) Information on how and to whom consumers may provide complaints. +SEC. 3. +Section 7170 is added to the Business and Professions Code, to read: +7170. +The board shall establish through regulation requirements for a contractor to maintain a blanket performance and payment bond for the purpose of solar energy systems installation. +SEC. 4. +Section 7171 is added to the Business and Professions Code, to read: +7171. +Notwithstanding paragraph (8) of subdivision (a) of Section 7159.5, a contractor installing a solar energy system shall be subject to the down payment restrictions in paragraph (3) of subdivision (a) of Section 7159.5. +SECTION 1. +(a)The Legislature finds and declares that the Governor set a goal of one million solar rooftop systems installed by 2018. As of November 2015, this state leads the nation in the installation of residential and business distributed solar projects with approximately 438,250 solar projects. +(b)It is the intent of the Legislature to enact this act to ensure that prospective solar customers are provided accurate, clear, and concise information to make an informed decision about solar energy system installation, and to ensure that new solar energy systems continue to reliably provide clean power to millions of Californians for many years. +SEC. 2. +Chapter 2.4 (commencing with Section 18892) is added to Division 8 of the +Business and Professions Code +, to read: +2.4. +Solar Companies +18892. +(a)As used in this section, the following terms have the following meanings: +(1)“Customer” shall include any person, firm, corporation, or other entity that is solicited by, inquires about, or seeks the services of a solar company for the purchase, financing, or lease of a solar energy system. +(2)“Department” means the Department of Consumer Affairs. +(3)“Solar company” means any company and its broker, brokers, or agents that sell, finance, or lease solar energy systems. +(4)“Solar energy system” has the same meaning as set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code. +(b)(1)Prior to completion of a sale, financing, or lease of a solar energy system to a customer, a solar company shall provide each customer with a “solar energy system disclosure document,” which shall include all of the following information: +(A)A list of current residential or business electric rates by kilowatthour, as established by the applicable Public Utilities Commission tariff or other regulatory rate document. +(B)If a payback calculation for the solar energy system is provided, the calculation must be based on the customer’s current electric rate, which shall be disclosed to the customer. +(C)A notification that electric rates are subject to change in the future and that estimates of savings are based on today’s electric rates. If a payback calculation is included, the notification shall be located immediately next to the payback calculation. +(D)A link to a page on the customer’s electricity provider’s Internet Web site that provides information about the electrical provider’s filings regarding future rates. +(E)A description of the solar company’s contractor’s license issued pursuant to Chapter 9 (commencing with Section 7000) of Division 3, license number, and name of the license qualifier for each of the solar company’s licenses for solar system installation. +(F)Valid, current certificates of insurance for the solar company’s commercial general liability and workers’ compensation insurance policies. +(G)A description of the average level of electricity per month that would be produced by the solar panels planned for installation given the actual physical limitations and conditions specific to the customer. +(H)A notification that, when renewable energy attributes are retained by the solar company, the customer is not buying solar power, nor buying renewable energy. +(I)A notification that the balance of any financing or lease arrangement is payable to the solar company in the event of the death of the customer during the term of the agreement. +(J)An estimate of the cost of removing and reinstalling solar panels in the event that the roof material beneath solar panels is replaced. +(K)An explanation of the potential change in electricity production of a solar energy system if the panels become dirty or covered with debris, and instructions on how to maintain the solar energy system. +(L)An explanation that if a solar system installation is financed by a loan that requires a superpriority lien on the homeowner’s mortgage, the homeowner may be unable to refinance his or her mortgage because of this financing. +(M)A notification that customer bill credits are compensated by other customers of the electricity provider. +(2)A solar company that sells, finances, or leases a solar energy system to a customer primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, whether orally or in writing, shall be required to provide the disclosure document in paragraph (1) in that same language. +(c)Subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department shall adopt a regulation that includes a “Department of Consumer Affairs solar energy system disclosure document” informing customers of the risks and rewards of solar energy system ownership and warranty issues, and protecting those customers from unscrupulous or unfair business practices. The solar company shall provide this disclosure document developed by the department at the same time that the disclosure document in subdivision (b) is provided to the customer. The disclosure document developed by the department shall include, but shall not be limited to, information about all of the following: +(1)Solar energy system malfunctions. +(2)Installations not performed to code. +(3)Roof intrusions and related structural concerns. +(4)Bankruptcy, insolvency, default, takeover, or closure of a solar company with existing customers, especially with respect to solar companies who lease systems. +(5)Loss of warranty on solar energy systems caused by bankruptcy, insolvency, default, takeover, or closure of a solar company or a solar manufacturer. +(d)It is the intent of the Legislature to enact legislation that would (1) require the department to certify a solar company and (2) establish an insurance pool for customers to access in order to obtain compensation for solar energy system claims, the funds for which shall be raised yearly from all solar companies actively doing business in this state at the time of assessment. +(e)When marketing its services to customers, solar companies shall not use the trade dress of other energy providers such that it creates a likelihood of confusion that an affiliation or connection exists between a solar company and the electrical corporation, unless the solar company has express authorization from the electrical corporation to do so. +(f)A violation of this section by a solar company is punishable by a fine of not less than ___ ($___) and not more than ___ ($___), which shall be in addition to any other punishment imposed for a violation of this section. All fines collected by the department pursuant to this subdivision shall be deposited in the Professions and Vocations Fund described in Section 205, and these fines shall be subject to appropriation by the Legislature. +(g)(1)In addition to the authority granted to the department in subdivision (f), a customer damaged by a willful violation of the provisions of this chapter may bring a civil cause of action against a solar company for damages, including, but not limited to, general damages, special damages, and punitive damages. +(2)The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper. +(3)The rights and remedies provided in this chapter are in addition to any other rights and remedies provided by law.","Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law, the Contractors’ State License Law, provides for the licensure and regulation of contractors by the Contractors’ State License Board. Existing law requires licensed contractors to be classified and authorizes them to be classified as, among other things, a solar contractor. Under existing law, a solar contractor installs, modifies, maintains, and repairs thermal and photovoltaic solar energy systems. Existing law prohibits a solar contractor from performing building or construction trades, crafts, or skills, except when required to install a thermal or photovoltaic solar energy system. +This bill +would, among other things, require a solar company selling, financing, or leasing a solar energy system, as defined, to provide each customer with +would require, on or before July 1, 2017, the board to develop and make available on its Internet Web site +a specified “solar energy system disclosure document.” +The bill would also require the Department of Consumer Affairs to adopt a regulation that includes a specified “Department of Consumer Affairs solar energy system disclosure document” informing customers of the risks and rewards of solar energy system ownership and warranty issues, and protecting those customers from unscrupulous or unfair business practices. +The bill would require +these disclosures +this disclosure document +to be provided by the solar +energy systems +company to the +customer +consumer +prior to +the +completion of a +sale, +finance, +financing, +or lease of a solar energy system. +The bill would make a violation of these provisions by a solar company punishable by an unspecified fine. The bill would also authorize a customer damaged by a willful violation of these provisions to bring a civil cause of action against a solar company for specified damages. +This bill would also declare the intent of the Legislature to enact legislation that would require the Department of Consumer Affairs to certify a solar company and establish an insurance pool for customers to access in order to obtain compensation for solar energy system claims, as provided. +Existing law requires a home improvement contract to contain, as specified, a notice stating that the owner or tenant has the right to require the contractor to have a performance and payment bond. +The bill would require the board to establish through regulation requirements for a contractor to maintain a blanket performance and payment bond for the purpose of solar installation. +Existing law prohibits the downpayment for a home improvement contract from exceeding $1,000 or 10% of the contract amount, whichever is less. Existing law exempts from this restriction a contractor who, among other things, furnishes a blanket performance and payment bond. +The bill would subject a contractor for the installation of a solar energy system to the restriction despite having those performance and payment arrangements.","An act to +amend Section 7159.5 of, and to +add +Chapter 2.4 (commencing with Section 18892) to Division 8 of +Sections 7169, 7170, and 7171 to, +the Business and Professions Code, relating to business." +1182,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 399.13 of the Public Utilities Code is amended to read: +399.13. +(a) (1) The commission shall direct each electrical corporation to annually prepare a renewable energy procurement plan that includes the matter in paragraph (5), to satisfy its obligations under the renewables portfolio standard. To the extent feasible, this procurement plan shall be proposed, reviewed, and adopted by the commission as part of, and pursuant to, a general procurement plan process. The commission shall require each electrical corporation to review and update its renewable energy procurement plan as it determines to be necessary. The commission shall require all other retail sellers to prepare and submit renewable energy procurement plans that address the requirements identified in paragraph (5). +(2) Every electrical corporation that owns electrical transmission facilities shall annually prepare, as part of the Federal Energy Regulatory Commission Order 890 process, and submit to the commission, a report identifying any electrical transmission facility, upgrade, or enhancement that is reasonably necessary to achieve the renewables portfolio standard procurement requirements of this article. Each report shall look forward at least five years and, to ensure that adequate investments are made in a timely manner, shall include a preliminary schedule when an application for a certificate of public convenience and necessity will be made, pursuant to Chapter 5 (commencing with Section 1001), for any electrical transmission facility identified as being reasonably necessary to achieve the renewable energy resources procurement requirements of this article. Each electrical corporation that owns electrical transmission facilities shall ensure that project-specific interconnection studies are completed in a timely manner. +(3) The commission shall direct each retail seller to prepare and submit an annual compliance report that includes all of the following: +(A) The current status and progress made during the prior year toward procurement of eligible renewable energy resources as a percentage of retail sales, including, if applicable, the status of any necessary siting and permitting approvals from federal, state, and local agencies for those eligible renewable energy resources procured by the retail seller, and the current status of compliance with the portfolio content requirements of subdivision (c) of Section 399.16, including procurement of eligible renewable energy resources located outside the state and within the WECC and unbundled renewable energy credits. +(B) If the retail seller is an electrical corporation, the current status and progress made during the prior year toward construction of, and upgrades to, transmission and distribution facilities and other electrical system components it owns to interconnect eligible renewable energy resources and to supply the electricity generated by those resources to load, including the status of planning, siting, and permitting transmission facilities by federal, state, and local agencies. +(C) Recommendations to remove impediments to making progress toward achieving the renewable energy resources procurement requirements established pursuant to this article. +(4) The commission shall adopt, by rulemaking, all of the following: +(A) A process that provides criteria for the rank ordering and selection of least-cost and best-fit eligible renewable energy resources to comply with the California Renewables Portfolio Standard Program obligations on a total cost and best-fit basis. This process shall take into account all of the following: +(i) Estimates of indirect costs associated with needed transmission investments. +(ii) The cost impact of procuring the eligible renewable energy resources on the electrical corporation’s electricity portfolio. +(iii) The viability of the project to construct and reliably operate the eligible renewable energy resource, including the developer’s experience, the feasibility of the technology used to generate electricity, and the risk that the facility will not be built, or that construction will be delayed, with the result that electricity will not be supplied as required by the contract. +(iv) Workforce recruitment, training, and retention efforts, including jobs retained associated with contracting for existing eligible renewable energy resources, the employment growth associated with the construction and operation of eligible renewable energy resources, and goals for recruitment and training of women, minorities, and disabled veterans. +(v) (I) Estimates of electrical corporation expenses resulting from integrating and operating eligible renewable energy resources, including, but not limited to, any additional wholesale energy and capacity costs associated with integrating each eligible renewable resource. +(II) No later than December 31, 2015, the commission shall approve a methodology for determining the integration costs described in subclause (I). +(vi) Consideration of any statewide greenhouse gas emissions limit established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). +(vii) Consideration of capacity and system reliability of the eligible renewable energy resource to ensure grid reliability. +(B) Rules permitting retail sellers to accumulate, beginning January 1, 2011, excess procurement in one compliance period to be applied to any subsequent compliance period. The rules shall apply equally to all retail sellers. In determining the quantity of excess procurement for the applicable compliance period, the commission shall retain the rules adopted by the commission and in effect as of January 1, 2015, for the compliance period specified in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (b) of Section 399.15. For any subsequent compliance period, the rules shall allow the following: +(i) For electricity products meeting the portfolio content requirements of paragraph (1) of subdivision (b) of Section 399.16, contracts of any duration may count as excess procurement. +(ii) Electricity products meeting the portfolio content requirements of paragraph (2) or (3) of subdivision (b) of Section 399.16 shall not be counted as excess procurement. Contracts of any duration for electricity products meeting the portfolio content requirements of paragraph (2) or (3) of subdivision (b) of Section 399.16 that are credited towards a compliance period shall not be deducted from a retail seller’s procurement for purposes of calculating excess procurement. +(iii) If a retail seller notifies the commission that it will comply with the provisions of subdivision (b) for the compliance period beginning January 1, 2017, the provisions of clauses (i) and (ii) shall take effect for that retail seller for that compliance period. +(C) Standard terms and conditions to be used by all electrical corporations in contracting for eligible renewable energy resources, including performance requirements for renewable generators. A contract for the purchase of electricity generated by an eligible renewable energy resource, at a minimum, shall include the renewable energy credits associated with all electricity generation specified under the contract. The standard terms and conditions shall include the requirement that, no later than six months after the commission’s approval of an electricity purchase agreement entered into pursuant to this article, the following information about the agreement shall be disclosed by the commission: party names, resource type, project location, and project capacity. +(D) An appropriate minimum margin of procurement above the minimum procurement level necessary to comply with the renewables portfolio standard to mitigate the risk that renewable projects planned or under contract are delayed or canceled. This paragraph does not preclude an electrical corporation from voluntarily proposing a margin of procurement above the appropriate minimum margin established by the commission. +(5) Consistent with the goal of increasing California’s reliance on eligible renewable energy resources, the renewable energy procurement plan shall include all of the following: +(A) An assessment of annual or multiyear portfolio supplies and demand to determine the optimal mix of eligible renewable energy resources with deliverability characteristics that may include peaking, dispatchable, baseload, firm, and as-available capacity. +(B) Potential compliance delays related to the conditions described in paragraph (5) of subdivision (b) of Section 399.15. +(C) A bid solicitation setting forth the need for eligible renewable energy resources of each deliverability characteristic, required online dates, and locational preferences, if any. +(D) A status update on the development schedule of all eligible renewable energy resources currently under contract. +(E) Consideration of mechanisms for price adjustments associated with the costs of key components for eligible renewable energy resource projects with online dates more than 24 months after the date of contract execution. +(F) An assessment of the risk that an eligible renewable energy resource will not be built, or that construction will be delayed, with the result that electricity will not be delivered as required by the contract. +(6) In soliciting and procuring eligible renewable energy resources, each electrical corporation shall offer contracts of no less than 10 years duration, unless the commission approves of a contract of shorter duration. +(7) In soliciting and procuring eligible renewable energy resources for California-based projects, each electrical corporation shall give preference to renewable energy projects that provide environmental and economic benefits to communities afflicted with poverty or high unemployment, or that suffer from high emission levels of toxic air contaminants, criteria air pollutants, and greenhouse gases. +(8) In soliciting and procuring eligible renewable energy resources, each retail seller shall consider the best-fit attributes of resource types that ensure a balanced resource mix to maintain the reliability of the electrical grid. +(b) A retail seller may enter into a combination of long- and short-term contracts for electricity and associated renewable energy credits. Beginning January 1, 2021, at least 65 percent of the procurement a retail seller counts toward the renewables portfolio standard requirement of each compliance period shall be from its contracts of 10 years or more in duration or in its ownership or ownership agreements for eligible renewable energy resources. +(c) The commission shall review and accept, modify, or reject each electrical corporation’s renewable energy resource procurement plan prior to the commencement of renewable energy procurement pursuant to this article by an electrical corporation. The commission shall assess adherence to the approved renewable energy resource procurement plans in determining compliance with the obligations of this article. +(d) Unless previously preapproved by the commission, an electrical corporation shall submit a contract for the generation of an eligible renewable energy resource to the commission for review and approval consistent with an approved renewable energy resource procurement plan. If the commission determines that the bid prices are elevated due to a lack of effective competition among the bidders, the commission shall direct the electrical corporation to renegotiate the contracts or conduct a new solicitation. +(e) If an electrical corporation fails to comply with a commission order adopting a renewable energy resource procurement plan, the commission shall exercise its authority to require compliance. +(f) (1) The commission may authorize a procurement entity to enter into contracts on behalf of customers of a retail seller for electricity products from eligible renewable energy resources to satisfy the retail seller’s renewables portfolio standard procurement requirements. The commission shall not require any person or corporation to act as a procurement entity or require any party to purchase eligible renewable energy resources from a procurement entity. +(2) Subject to review and approval by the commission, the procurement entity shall be permitted to recover reasonable administrative and procurement costs through the retail rates of end-use customers that are served by the procurement entity and are directly benefiting from the procurement of eligible renewable energy resources. +(g) Procurement and administrative costs associated with contracts entered into by an electrical corporation for eligible renewable energy resources pursuant to this article and approved by the commission are reasonable and prudent and shall be recoverable in rates. +(h) Construction, alteration, demolition, installation, and repair work on an eligible renewable energy resource that receives production incentives pursuant to Section 25742 of the Public Resources Code, including work performed to qualify, receive, or maintain production incentives, are “public works” for the purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. +SEC. 2. +By July 1, 2017, the commission shall update the criteria for the rank ordering and selection of least-cost and best-fit eligible renewable energy resources adopted pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of Section 399.13 to identify the value of maintaining existing baseload resources to achieve the goal of a balanced portfolio of eligible renewable energy resources.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The California Renewables Portfolio Standard Program requires the commission to establish a renewables portfolio standard requiring all retail sellers, defined as including an electrical corporation, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, at specified percentages of the total kilowatthours sold to their retail end-use customers during specified compliance periods. The program requires the commission to direct each electrical corporation to annually prepare a renewable energy procurement plan to satisfy its procurement requirements pursuant to the program. As part of the renewable energy procurement plan process, the commission is required to adopt rules establishing a process that provides criteria for the rank ordering and selection of least-cost and best-fit eligible renewable energy resources to comply with the program’s procurement obligations and requires that the criteria take specified matters into account, including workforce recruitment, training, and retention efforts, as specified. +This bill would require that the criteria take into account jobs retained associated with contracting for existing eligible renewable energy resources. +The bill would require the commission to update the criteria by July 1, 2017, to identify the value of maintaining existing baseload resources to achieve the goal of a balanced portfolio of eligible renewable energy resources.","An act to amend Section 399.13 of the Public Utilities Code, relating to electricity." +1183,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 33133.7 is added to the Education Code, to read: +33133.7. +(a) Notwithstanding any other law, two million dollars ($2,000,000) shall be appropriated, without regard to fiscal years, from the General Fund to the Superintendent to be allocated to local educational agencies that apply for the purpose of implementing a pilot program to train teachers who teach kindergarten or any of grades 1 to 12, inclusive, to more effectively use technology and digital resources within their instructional day, while also measuring and teaching the critical 21st century skills pupils need to succeed on California’s next-generation online assessments, as well as to prepare pupils for college and career objectives. +(b) (1) The Superintendent shall develop an application process for the allocation of funds appropriated pursuant to subdivision (a) that gives priority to applicant local educational agencies that serve a large percentage of pupils eligible for free or reduced-price meals. +(2) Any local educational agency in the state may apply for funding from the Superintendent to implement the pilot program described in subdivision (a), and subject to the requirements of subdivision (c). +(c) The pilot program shall include both of the following: +(1) A focus on teachers who work with underserved populations. +(2) (A) An emphasis on enhancing the ability of participants to measure 21st century skills of teachers and pupils using the international standards defined by the International Society for Technology in Education. +(B) The skills to be measured and enhanced for teachers pursuant to this paragraph shall include, but not necessarily be limited to, all of the following: +(i) Facilitation and inspiration of pupil learning and creativity. +(ii) Design and development of digital age learning experiences and assessments. +(iii) Modeling of digital age work and learning. +(iv) Promotion and modeling of digital citizenship and responsibility. +(v) Engagement in professional growth and leadership. +(C) The skills to be measured and enhanced for pupils pursuant to this paragraph shall include, but not necessarily be limited to, all of the following: +(i) Creativity and innovation. +(ii) Communication and collaboration. +(iii) Research and information fluency. +(iv) Critical thinking and problem solving. +(v) Digital citizenship. +(vi) Technology operations and concepts. +(d) The pilot program shall include training and professional development for teachers to assist them to effectively personalize digital literacy instruction for their pupils. +(e) The pupils participating in the pilot program shall receive digital literacy instruction that will enhance the skills these pupils need to succeed in elementary or secondary school, postsecondary education, and careers. +SECTION 1. +Section 44274.2 of the +Education Code +is amended to read: +44274.2. +(a)Notwithstanding any provision of this chapter, the commission shall issue a five-year preliminary multiple subject teaching credential authorizing instruction in a self-contained classroom, a five-year preliminary single subject teaching credential authorizing instruction in departmentalized classes, or a five-year preliminary education specialist credential authorizing instruction of special education pupils to an out-of-state prepared teacher who meets all of the following requirements: +(1)Possesses a baccalaureate degree from a regionally accredited institution of higher education. +(2)Has completed a teacher preparation program at a regionally accredited institution of higher education, or a state-approved teacher preparation program offered by a local educational agency. +(3)Meets the subject matter knowledge requirements for the credential. If the subject area listed on the out-of-state credential does not correspond to a California subject area, as specified in Sections 44257 and 44282, the commission may require the applicant to meet California subject matter requirements before issuing a clear credential. +(4)Has earned a valid corresponding elementary, secondary, or special education teaching credential based on the out-of-state teacher preparation program. For the education specialist credential, the commission shall determine the area of concentration based on the special education program completed out of state. +(5)Has successfully completed a criminal background check conducted under Sections 44339, 44340, and 44341 for credentialing purposes. +(b)The holder of a credential issued pursuant to this section shall meet the state basic skills proficiency requirement set forth in Section 44252 within one year of the date the credential is issued or the credential shall become invalid. +(c)The commission shall issue a clear multiple subject, single subject, or education specialist teaching credential to an applicant who satisfies the requirements of subdivision (a), provides verification of two or more years of teaching experience, including, but not limited to, two satisfactory performance evaluations, and documents, in a manner prescribed by the commission, that he or she fulfills each of the following requirements: +(1)The applicant has done one of the following: +(A)Completed 150 clock hours of activities that contribute to his or her competence, performance, and effectiveness in the education profession, and that assist the applicant in meeting or exceeding standards for professional preparation established by the commission. +(B)Earned a master’s degree or higher in a field related to the credential, or the equivalent semester units, from a regionally accredited institution of higher education. +(2)The applicant has met the state requirements for teaching English learners including, but not limited to, the requirements in Section 44253.3. +(d)For applicants who do not meet the experience requirement described in subdivision (c), the commission shall issue a clear multiple subject, single subject, or education specialist teaching credential upon verification of the following requirements: +(1)The commission has issued to the applicant a preliminary five-year teaching credential pursuant to subdivision (a). However, an out-of-state prepared applicant in both special education and general education, who has earned a clear California education specialist credential, shall be granted a clear multiple subject or clear single subject teaching credential without first holding a preliminary multiple subject or single subject teaching credential, unless the commission determines that the applicant does not meet the other requirements of this subdivision. +(2)The applicant has completed a beginning teacher induction program pursuant to paragraph (2) of subdivision (c) of Section 44259. +(3)The applicant has met the requirements for teaching English learners, including, but not limited to, the requirements in Section 44253.3. +(4)Before issuing an education specialist credential under this subdivision, the commission shall verify completion of a program for the Professional Level II credential accredited by the commission.","(1) Existing law establishes a system of public elementary and secondary schools in this state, and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. +This bill would appropriate, without regard to fiscal years, $2,000,000 from the General Fund to the Superintendent of Public Instruction to be allocated to specified local educational agencies for the purpose of implementing a pilot program to train teachers teaching kindergarten or any of grades 1 to 12, inclusive, to more effectively utilize technology and digital resources within their instructional day, while also measuring and teaching the critical 21st century skills pupils need to succeed on California’s next-generation online assessments, as well as to prepare pupils for college and career objectives, thereby making an appropriation. +The bill would require the Superintendent to develop an application process for the allocation of funds appropriated for the implementation of the pilot program that gives priority to applicant local educational agencies that serve a large percentage of pupils eligible for free or reduced-price meals. The bill would authorize any local educational agency in the state to apply to the Superintendent for funding to implement the pilot program, as specified. The bill would specify topics to be included in the training provided to teachers and pupils participating in the pilot program. +(2) Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution. +Existing law requires the Commission on Teacher Credentialing to issue a 5-year preliminary multiple subject teaching credential authorizing instruction in a self-contained classroom, a 5-year preliminary single subject teaching credential authorizing instruction in departmentalized classes, or a 5-year preliminary education specialist credential authorizing instruction of special education pupils to an out-of-state prepared teacher who meets specified requirements, including that the teacher possess a baccalaureate degree from a regionally accredited institution of higher education. +This bill would make nonsubstantive changes to those provisions and other related provisions.","An act to +amend Section 44274.2 of +add Section 33133.7 to +the Education Code, relating to +teachers. +teachers, and making an appropriation therefor." +1184,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 51.14 is added to the Civil Code, to read: +51.14. +(a) This act shall be known, and may be cited, as the Stop Consumer Racial Profiling Act of 2016. +(b) No business establishment shall use consumer racial profiling. +(c) For purposes of this section, “consumer racial profiling” shall mean the profiling or targeting of a person that results in differential treatment based on his or her race or ethnicity and that constitutes a denial or degradation in the product or service offered to customers. “Consumer racial profiling” includes, but is not limited to, refusal to serve, removal from the business establishment premises, segregated seating, requiring additional forms of identification, and surveillance practices based on race or ethnicity. +SEC. 2. +Section 12930 of the Government Code, as amended by Chapter 63 of the Statutes of 2016, is amended to read: +12930. +The department shall have the following functions, powers, and duties: +(a) To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part. +(b) To meet and function at any place within the state. +(c) To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties. +(d) To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils. +(e) To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part. +(f) (1) To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940). +(2) To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 51.14, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply. +(3) To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorney’s fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply. +(g) In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980: +(1) To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials. +(2) To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits. +(3) To issue written interrogatories. +(4) To request the production for inspection and copying of books, records, documents, and physical materials. +(5) To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories. +(h) To bring civil actions pursuant to Section 12965 or 12981 and to prosecute those civil actions before state and federal trial courts. +(i) To issue those publications and those results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, genetic information, or sexual orientation. +(j) To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990. +(k) To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations. +(l) To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time. +(m) The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013: +(1) If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court. +(2) If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court. +(3) Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502. +(n) On any Section 1094.5 Code of Civil Procedure challenge to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or his or her designee shall consult with the Attorney General regarding the defense of that writ petition. +SEC. 2.5. +Section 12930 of the Government Code, as amended by Chapter 63 of the Statutes of 2016, is amended to read: +12930. +The department shall have the following functions, powers, and duties: +(a) To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part. +(b) To meet and function at any place within the state. +(c) To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties. +(d) To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils. +(e) To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part. +(f) (1) To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940). +(2) To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 51.14, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply. +(3) To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorney’s fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply. +(4) To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, except for complaints relating to educational equity brought under Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1 of the Education Code and investigated pursuant to the procedures set forth in Subchapter 5.1 of Title 5 of the California Code of Regulations, and not otherwise within the jurisdiction of the department. +(A) Nothing in this part prevents the director or his or her authorized representative, in his or her discretion, from making, signing, and filing a complaint pursuant to Section 12960 or 12961 alleging practices made unlawful under Section 11135. +(B) Remedies available to the department in conciliating, mediating, and prosecuting complaints alleging these practices are the same as those available to the department in conciliating, mediating, and prosecuting complaints alleging violations of Article 1 (commencing with Section 12940) of Chapter 6. +(g) In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980: +(1) To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials. +(2) To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits. +(3) To issue written interrogatories. +(4) To request the production for inspection and copying of books, records, documents, and physical materials. +(5) To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories. +(h) To bring civil actions pursuant to Section 12965 or 12981 and to prosecute those civil actions before state and federal trial courts. +(i) To issue those publications and those results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, genetic information, or sexual orientation. +(j) To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990. +(k) To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations. +(l) To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time. +(m) The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013: +(1) If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court. +(2) If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court. +(3) Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502. +(n) On any Section 1094.5 Code of Civil Procedure challenge to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or his or her designee shall consult with the Attorney General regarding the defense of that writ petition. +SEC. 3. +Section 2.5 of this bill incorporates amendments to Section 12930 of the Government Code proposed by both this bill and SB 1442. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 12930 of the Government Code, and (3) this bill is enacted after SB 1442, in which case Section 2 of this bill shall not become operative.","Existing law, the Unruh Civil Rights Act, states that all persons within this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Under existing law, the Department of Fair Employment and Housing is responsible for receiving, investigating, conciliating, mediating, and prosecuting complaints alleging a violation of the act. +This bill would enact the Stop Consumer Racial Profiling Act of 2016, which would prohibit a business establishment from using consumer racial profiling, as defined. The bill would also make the Department of Fair Employment and Housing responsible for the enforcement of the act. +This bill would incorporate additional changes to Section 12930 of the Government Code, proposed by SB 1442, to be operative only if SB 1442 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to add Section 51.14 to the Civil Code, and to amend Section 12930 of the Government Code, relating to civil rights." +1185,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1063.2 of the Insurance Code is amended to read: +1063.2. +(a) The association shall pay and discharge covered claims, and in connection therewith, pay for or furnish loss adjustment services and defenses of claimants when required by policy provisions. It may do so either directly by itself or through a servicing facility or through a contract for reinsurance and assumption of liabilities by one or more member insurers or through a contract with the liquidator, upon terms satisfactory to the association and to the liquidator, under which payments on covered claims would be made by the liquidator using funds provided by the association. +(b) (1) The association shall be a party in interest in all proceedings involving a covered claim, and shall have the same rights as the insolvent insurer would have had if not in liquidation, including, but not limited to, the right to all of the following: +(A) Appear, defend, and appeal a claim in a court of competent jurisdiction. +(B) Receive notice of, investigate, adjust, compromise, settle, and pay a covered claim. +(C) Investigate, handle, and deny a noncovered claim. +(2) The association shall have no cause of action against the insureds of the insolvent insurer for any sums it has paid out, except as provided by this article. +(3) Nothing in paragraph (2) limits the association’s right to pursue unpaid reimbursements owed by an employer pursuant to a workers’ compensation insurance policy with a deductible if the employer was obligated to reimburse the insurer for benefits payments and related expenses paid by the insurer or the association from a special deposit or from other association funds pursuant to the terms of the policy and related agreements. +(c) (1) If damages against uninsured motorists are recoverable by the claimant from his or her own insurer, the applicable limits of the uninsured motorist coverage shall be a credit against a covered claim payable under this article. Any person having a claim that may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that if it is a first-party claim for damage to property with a permanent location, he or she shall seek recovery first from the association of the permanent location of the property, and if it is a workers’ compensation claim, he or she shall seek recovery first from the association of the residence of the claimant. Any recovery under this article shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent. A member insurer may recover in subrogation from the association only one-half of any amount paid by that insurer under uninsured motorist coverage for bodily injury or wrongful death (and nothing for a payment for anything else), in those cases where the injured person insured by such an insurer has proceeded under his or her uninsured motorist coverage on the ground that the tortfeasor is uninsured as a result of the insolvency of his or her liability insurer (an insolvent insurer as defined in this article), provided that the member insurer shall waive all rights of subrogation against the tortfeasor. Any amount paid a claimant in excess of the amount authorized by this section may be recovered by action, or other proceeding, brought by the association. +(2) Any claimant having collision coverage on a loss that is covered by the insolvent company’s liability policy shall first proceed against his or her collision carrier. Neither that claimant nor the collision carrier, if it is a member of the association, shall have the right to sue or continue a suit against the insured of the insolvent insurance company for that collision damage. +(d) The association shall have the right to recover from any person who is an affiliate of the insolvent insurer and whose liability obligations to other persons are satisfied in whole or in part by payments made under this article the amount of any covered claim and allocated claims expense paid on behalf of that person pursuant to this article. +(e) Any person having a claim or legal right of recovery under any governmental insurance or guaranty program that is also a covered claim, shall be required to first exhaust his or her right under the program. Any amount payable on a covered claim shall be reduced by the amount of any recovery under the program. +(f) “Covered claims” for unearned premium by lenders under insurance premium finance agreements as defined in Section 673 shall be computed as of the earliest cancellation date of the policy pursuant to Section 673. +(g) “Covered claims” shall not include any judgments against or obligations or liabilities of the insolvent insurer or the commissioner, as liquidator, or otherwise resulting from alleged or proven torts, nor shall any default judgment or stipulated judgment against the insolvent insurer, or against the insured of the insolvent insurer, be binding against the association. +(h) “Covered claims” shall not include any loss adjustment expenses, including adjustment fees and expenses, attorney’s fees and expenses, court costs, interest, and bond premiums, incurred prior to the appointment of a liquidator. +SEC. 2. +Section 1063.5 of the Insurance Code is amended and renumbered, to immediately precede Section 1063.5 of the Insurance Code, to read: +1063.45. +(a) (1) To the extent necessary to secure funds for the association for payment of administrative expenses of the association and covered claims of insolvent insurers and also for payment of reasonable costs of adjusting the claims, the association shall collect premium payments from its member insurers sufficient to discharge its obligations. +(2) The association shall allocate its claim payments and costs, incurred or estimated to be incurred, to one or more of the following categories: +(A) Workers’ compensation claims. +(B) Homeowners’ claims and automobile claims, including all of the following: +(i) Automobile material damage. +(ii) Automobile liability (both personal injury and death and property damage). +(iii) Medical payments. +(iv) Uninsured motorist claims. +(C) Claims other than workers’ compensation, homeowners, and automobile, as defined above. +(3) Separate premium payments shall be required for each category. +(4) The premium payments for each category shall be used to pay the claims and costs allocated to that category. +(b) (1) The rate of premium charged shall be a uniform percentage of net direct written premium in the preceding calendar year applicable to that category. +(2) The rate of premium charges to each member insurer in the appropriate categories shall initially be based on the written premium of each insurer as shown in the latest year’s annual financial statement on file with the commissioner. +(3) The initial premium shall be adjusted by applying the same rate of premium charge as initially used to each insurer’s written premium as shown on the annual statement for the second year following the year on which the initial premium charge was based. +(4) (A) The difference between the initial premium charge and the adjusted premium charge shall be charged or credited to each member insurer by the association as soon as practical after the filing of the annual statements of the member insurers with the commissioner for the year on which the adjusted premium is based. +(B) Any credit due in a specific category to a member insurer as a result of the adjusted premium calculation shall be refunded to the member insurer. +(c) (1) For purposes of this section, “net direct written premiums” means the amount of gross premiums, less return premiums, received in that calendar year upon business done in this state, other than premiums received for reinsurance. +(2) In cases of a dispute as to the amount of the net direct written premium between the association and one of its member insurers, the written decision of the commissioner shall be final. +(d) (1) The premium charged to any member insurer for any of the three categories or a category established by the association shall not be more than 2 percent of the net direct premium written in that category in this state by that member insurer per year, starting on January 1, 2003, until December 31, 2007, and thereafter shall be 1 percent per year, until January 1, 2015. +(2) Commencing January 1, 2015, the premium charged to any member insurer for any of the three categories or a category established by the association shall not be more than 2 percent of the net direct written premium unless there are bonds outstanding that were issued pursuant to Article 14.25 (commencing with Section 1063.50) or Article 14.26 (commencing with Section 1063.70). +(3) If bonds issued pursuant to either article are outstanding, the premium charged to a member insurer for the category for which the bond proceeds are being used to pay claims and expenses shall not be more than 1 percent of the net direct written premium for that category. +(e) (1) The association may exempt or defer, in whole or in part, the premium charge of any member insurer, if the premium charge would cause the member insurer’s financial statement to reflect an amount of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance. However, during the period of deferment, no dividends shall be paid to shareholders or policyholders by the company whose premium charge was deferred. +(2) Deferred premium charges shall be paid when the payment will not reduce capital or surplus below required minimums. +(f) After all covered claims of the insolvent insurer and expenses of administration have been paid, any unused premiums and any reimbursements or claims dividends from the liquidator remaining in any category shall be retained by the association and applied to reduce future premium charges in the appropriate category. +(g) The commissioner may suspend or revoke the certificate of authority to transact business in this state of a member insurer that fails to pay a premium when due and after demand has been made. +(h) Interest at a rate equal to the current federal reserve discount rate plus 2 +1/2 +percent per annum shall be added to the premium of any member insurer that fails to submit the premium requested by the association within 30 days after the mailing request. However, in no event shall the interest rate exceed the legal maximum. +(i) This section shall apply only to premium charges paid prior to January 1, 2017. +(j) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 3. +Section 1063.5 is added to the Insurance Code, to read: +1063.5. +(a) (1) To the extent necessary to secure funds for the association for payment of the administrative expenses of the association, covered claims of insolvent insurers, and for payment of reasonable costs of adjusting the claims, the association shall collect premium payments from its member insurers sufficient to discharge its obligations. +(2) The association shall allocate its claim payments and costs, incurred or estimated to be incurred, to one or more of the following categories: +(A) Workers’ compensation claims. +(B) Homeowners’ claims and automobile claims, including all of the following: +(i) Automobile material damage. +(ii) Automobile liability (both personal injury and death and property damage). +(iii) Medical payments. +(iv) Uninsured motorist claims. +(C) Claims other than workers’ compensation, homeowners’, and automobile, as defined above. +(3) Separate premium payments shall be required for each category. +(4) The premium payments for each category shall be used to pay the claims and costs allocated to that category. +(b) (1) The rate of premium charged shall be a uniform percentage of net direct written premium in the preceding calendar year applicable to that category. +(2) The rate of premium charges to each member insurer in the appropriate categories shall be based on the net direct written premium of each member insurer as shown in the latest year’s annual financial statement on file with the commissioner. +(c) (1) For purposes of this section, “net direct written premiums” means the amount of gross premiums, less return premiums, received in that calendar year upon business done in this state, other than premiums received for reinsurance. +(2) In cases of a dispute as to the amount of the net direct written premium between the association and one of its member insurers, the written decision of the commissioner shall be final. +(d) In charging premiums to member insurers, the association shall adjust, if necessary, the net direct written premiums shown on a member insurer’s annual statement by excluding any premiums written for any lines of insurance or types of coverage not covered by this article under paragraph (3) of subdivision (c) of Section 1063.1. +(e) (1) The premium charged to any member insurer for any of the three categories or a category established by the association shall not be more than 2 percent of the net direct written premium unless there are bonds outstanding that were issued pursuant to Article 14.25 (commencing with Section 1063.50) or Article 14.26 (commencing with Section 1063.70). +(2) If bonds issued pursuant to either article are outstanding, the premium charged to a member insurer for the category for which the bond proceeds are being used to pay claims and expenses shall not be more than 1 percent of the net direct written premium for that category. +(f) (1) The association may exempt or defer, in whole or in part, the premium charge of any member insurer, if the premium charge would cause the member insurer’s financial statement to reflect an amount of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance. However, during the period of deferment, no dividends shall be paid to shareholders or policyholders by the company whose premium charge was deferred. +(2) Deferred premium charges shall be paid when the payment will not reduce capital or surplus below required minimums. +(g) After all covered claims of insolvent insurers and expenses of administration have been paid, any unused premiums and any reimbursements or claims dividends from liquidators remaining in any category shall be retained by the association and applied to reduce future premium charges in the appropriate category. +(h) The commissioner may suspend or revoke the certificate of authority to transact business in this state of a member insurer that fails to pay a premium when due and after demand has been made. +(i) Interest at a rate equal to the current federal reserve discount rate plus 2 +1/2 +percent per annum shall be added to the premium of any member insurer that fails to submit the premium requested by the association within 30 days after the mailing request. However, in no event shall the interest rate exceed the legal maximum. +(j) This section shall apply only to premium charges paid on or after January 1, 2017. +SEC. 4. +Section 1063.14 of the Insurance Code is amended and renumbered, to immediately precede Section 1063.14 of the Insurance Code, to read: +1063.135. +(a) The plan of operation adopted pursuant to subdivision (c) of Section 1063 shall contain provisions whereby each member insurer is required to recoup in the year following the premium charge a sum reasonably calculated to recoup the premium charge paid by the member insurer under this article by way of a surcharge on premiums charged for insurance policies to which this article applies. Amounts recouped shall not be considered premiums for any other purpose, including the computation of gross premium tax or agents’ commission. +(b) The amount of any surcharge shall be separately stated on either a billing or policy declaration sent to an insured. The association shall determine the rate of the surcharge and the collection period for each category and these shall be mandatory for all member insurers of the association who write business in those categories. Member insurers who collect surcharges in excess of premiums paid pursuant to Section 1063.45 for an insolvent insurer shall remit the excess to the association as an additional premium within 30 days after the association has determined the amount of the excess recoupment and given notice to the member insurer of that amount. The excess shall be applied to reduce future premium charges in the appropriate category. +(c) The plan of operation may permit a member insurer to omit collection of the surcharge from its insureds when the expense of collecting the surcharge would exceed the amount of the surcharge. However, nothing in this section shall relieve the member insurer of its obligation to recoup the amount of surcharge otherwise collectible. +(d) This section shall apply only to premium charges paid prior to January 1, 2017. +(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. +SEC. 5. +Section 1063.14 is added to the Insurance Code, to read: +1063.14. +(a) (1) The plan of operation adopted pursuant to subdivision (c) of Section 1063 shall contain provisions whereby each member insurer is required to recoup in the year following the premium charge a sum calculated to recoup the premium charge paid by the member insurer under this article by way of a surcharge on premiums charged for insurance policies to which this article applies. +(2) Amounts recouped shall not be considered premiums for any other purpose, including the computation of gross premium tax or agents’ commission. +(b) (1) The amount of any surcharge shall be separately stated on either a billing or policy declaration sent to an insured. The association shall determine the rate of the surcharge and the collection period for each category, and these shall be mandatory for all member insurers of the association who write business in those categories. +(2) Each member insurer shall file a report in accordance with the provisions of the plan of operation indicating the amount of surcharges it has collected. +(A) Member insurers who collect surcharges in excess of premium charges paid in the preceding year pursuant to Section 1063.5 shall remit the excess to the association as an additional premium within 30 days after the association has determined the amount of the excess recoupment and given notice to the member insurer of that amount. The excess shall be applied to reduce future premium charges in the appropriate category. +(B) Member insurers who report surcharge collections that are less than what they paid in the preceding year’s premium charge shall receive reimbursement from the association for the shortfall in surcharge collection. +(c) (1) The plan of operation may permit a member insurer to omit collection of the surcharge from its insureds when the expense of collecting the surcharge would exceed the amount of the surcharge. +(2) A member insurer electing to omit collecting surcharges from any of its insureds shall not be entitled to any reimbursement from the association pursuant to subdivision (b). +(3) However, nothing in this section shall relieve the member insurer of its obligation to recoup the amount of surcharge otherwise collectible. +(d) This section shall apply only to premium charges paid on or after January 1, 2017.","(1) Existing law creates the California Insurance Guarantee Association (CIGA) and requires all insurers admitted to transact specified insurance lines in this state to become members. Each time an insurer becomes insolvent, to the extent necessary to secure funds for payment of covered claims of that insolvent insurer and also for payment of reasonable costs of adjusting the claims, CIGA is required to collect premium payments from its member insurers sufficient to discharge its obligations, as specified. +This bill, among other things, would no longer require an insurer to become insolvent in order for CIGA to collect premium payments from the member insurers and would require CIGA to collect premiums in order to secure funds for the payment of its administrative expenses. +(2) Under existing law, CIGA is required to be a party in interest in all proceedings involving a covered claim, and has the same rights as the insolvent insurer would have had if not in liquidation, but CIGA has no cause of action against the insureds of the insolvent insurer for any sums it has paid out, except as provided. +This bill would provide that the above-stated provision denying CIGA a cause of action against insureds does not limit CIGA’s right to pursue unpaid reimbursements owed by an employer pursuant to a workers’ compensation insurance policy with a deductible if the employer was obligated to reimburse the insurer for benefits payments and related expenses paid by the insurer or CIGA from a special deposit or from other CIGA funds pursuant to the terms of the policy and related agreements. +(3) Existing law requires that the rate of premium charged be a uniform percentage of net direct written premium, as defined, in the preceding calendar year applicable to specific categories of insurance. The rate of premium charges to each member insurer in the appropriate categories are initially based on the written premium of each insurer as shown in the latest year’s annual financial statement on file with the Insurance Commissioner and are later adjusted, as provided. Existing law authorizes CIGA to refund any credit due in a specific category of insurance to a member insurer as a result of the adjusted premium calculation, as provided. +This bill would instead require CIGA, with regard to premium charges paid prior to January 1, 2017, to refund to a member insurer any credit due in a specific category as a result of the adjusted premium calculation. +This bill, with regard to premium charges paid on or after January 1, 2017, would delete the requirements that the rate of premium charges be initially based on the written premium of each insurer, that the premium charges be adjusted later as provided, and that the member insurer be eligible for a refund of any credit due to that member insurer as a result of the adjusted premium calculation, and would instead require that the rate of premium charges to each member insurer in the appropriate categories be based on the net direct written premium of each insurer as shown in the latest year’s annual financial statement on file with the commissioner. The bill would also make conforming changes. +(4) Existing law authorizes CIGA to exempt or defer a member insurer from paying the premium charge if the payment would cause the member insurer’s financial statement to reflect an amount of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance. Deferred premium charges are required to be paid when the payment will not reduce capital or surplus below required minimums. These payments are credited against future premium charges to those companies receiving larger premium charges by virtue of the deferment. +This bill would delete the requirement that the payments be credited against future premium charges to those companies receiving larger premium charges by virtue of the deferment. +(5) Existing law requires CIGA’s plan of operations to contain provisions requiring each member insurer to recoup the premium charge paid to CIGA from its insureds over a reasonable length of time by way of a reasonably calculated surcharge on insurance policies to which the provisions of CIGA apply. +This bill would instead require each member insurer to recoup the premium charge from its insureds in the year following the charge. The bill, with regard to premium charges paid on or after January 1, 2017, among other things, would require the member insurer to file a report in accordance with the provisions of the plan of operation indicating the amount of surcharges it has collected, and would prohibit a member insurer electing to omit collecting surcharges from any of its insureds from being entitled to any reimbursement from CIGA, as specified.","An act to amend Section 1063.2 of, to amend, renumber, and add Sections 1063.5 and 1063.14 of, and to repeal Sections 1063.45 and 1063.135 of, the Insurance Code, relating to insurance." +1186,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 4425 of the Business and Professions Code is amended to read: +4425. +(a) As a condition for the participation of a pharmacy in the Medi-Cal program pursuant to Chapter 7 (commencing with Section 14000) of Division 9 of the Welfare and Institutions Code, the pharmacy, upon presentation of a valid prescription for the patient and the patient’s Medicare +card, +card or evidence of residency in California, such as a state-issued identification card or state-issued motor vehicle driver’s license, +shall charge Medicare beneficiaries +or other patients +a price that does not exceed the Medi-Cal reimbursement rate for prescription medicines, and an amount, as set by the State Department of Health Care Services to cover electronic transmission charges. However, Medicare beneficiaries +or other patients +shall not be allowed to use the Medi-Cal reimbursement rate for over-the-counter medications or compounded prescriptions. +(b) The State Department of Health Care Services shall provide a mechanism to calculate and transmit the price to the pharmacy, but shall not apply the Medi-Cal drug utilization review process for purposes of this section. +(c) The State Department of Health Care Services shall monitor pharmacy participation with the requirements of subdivision (a). +(d) The State Department of Health Care Services shall conduct an outreach program to inform Medicare beneficiaries +and California residents generally, +of their right to participate in the program described in subdivision (a), including, but not limited to, the following: +(1) Including on its Internet Web site the Medi-Cal reimbursement rate for, at minimum, 200 of the most commonly prescribed medicines and updating this information monthly. +(2) Providing a sign to participating pharmacies that the pharmacies shall prominently display at the point of service and at the point of sale, reminding the Medicare beneficiaries +and other eligible patients +to ask that the charge for their prescription be the same amount as the Medi-Cal reimbursement rate and providing the department’s telephone number, e-mail address, and Internet Web site address to access information about the program. +(e) If prescription drugs are added to the scope of benefits available under the federal Medicare +program, +Program, +the Senate Office of Research shall report that fact to the appropriate committees of the Legislature. It is the intent of the Legislature to evaluate the need to continue the implementation of this article +for Medicare beneficiaries +under those circumstances. +(f) This section shall not apply to a prescription that is covered by insurance. +For purposes of this section, “covered by insurance” does not apply to a prescription for a specific medication prescribed for a patient that is not included on the drug formulary maintained by that patient’s health care service plan or health insurer, and for which the patient is prepared to pay cash. +SECTION 1. +Section 4425 of the +Business and Professions Code +is amended to read: +4425. +(a)As a condition for the participation of a pharmacy in the Medi-Cal program pursuant to Chapter 7 (commencing with Section 14000) of Division 9 of the Welfare and Institutions Code, the pharmacy, upon presentation of a valid prescription for the patient and the patient’s Medicare card, shall charge Medicare beneficiaries a price that does not exceed the Medi-Cal reimbursement rate for prescription medicines, and an amount, as set by the State Department of Health Care Services to cover electronic transmission charges. However, Medicare beneficiaries shall not be allowed to use the Medi-Cal reimbursement rate for over-the-counter medications or compounded prescriptions. +(b)The State Department of Health Care Services shall provide a mechanism to calculate and transmit the price to the pharmacy, but shall not apply the Medi-Cal drug utilization review process for purposes of this section. +(c)The State Department of Health Care Services shall monitor pharmacy participation with the requirements of subdivision (a). +(d)The State Department of Health Care Services shall conduct an outreach program to inform Medicare beneficiaries of their right to participate in the program described in subdivision (a), including, but not limited to, the following: +(1)Including on its Internet Web site the Medi-Cal reimbursement rate for, at minimum, 200 of the most commonly prescribed medicines and updating this information monthly. +(2)Providing a sign to participating pharmacies that the pharmacies shall prominently display at the point of service and at the point of sale, reminding the Medicare beneficiaries to ask that the charge for their prescription be the same amount as the Medi-Cal reimbursement rate and providing the department’s telephone number, e-mail address, and Internet Web site address to access information about the program. +(e)If prescription drugs are added to the scope of benefits available under the federal Medicare program, the Senate Office of Research shall report that fact to the appropriate committees of the Legislature. It is the intent of the Legislature to evaluate the need to continue the implementation of this article under those circumstances. +(f)This section shall not apply to a prescription that is covered by insurance. +(g)(1)On or before February 1, 2017, the State Department of Health Care Services shall submit a report to the appropriate policy and fiscal committees of the Legislature on the effectiveness of subdivision (a), with data derived pursuant to subdivisions (b) to (d), inclusive, and other data as the department deems necessary. The department also shall include in the report other options and strategies to achieve the greatest savings on prescription drugs for patients. +(2)A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. +(3)The requirement for submitting a report imposed under this subdivision is inoperative on February 1, 2021, pursuant to Section 10231.5 of the Government Code.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid +program +Program +provisions. Existing law requires reimbursement to Medi-Cal pharmacy providers for drugs, as prescribed. As a condition for the participation of a pharmacy in the Medi-Cal program, and subject to specified exceptions, existing law requires the pharmacy, upon presentation of a valid prescription for a patient and the patient’s Medicare card, to charge Medicare beneficiaries a price that does not exceed the Medi-Cal reimbursement rate for prescription medicines and an amount, as set by the department, to cover electronic transmission charges. +Existing law prohibits Medicare beneficiaries from being allowed to use the Medi-Cal reimbursement rate for over-the-counter medications or compound medications. Existing law provides that these provisions do not apply to a prescription that is covered by insurance. Existing law requires the department to conduct an outreach program to inform Medicare beneficiaries of their right to participate in this program. +This bill would +require the State Department of Health Care Services, on or before February 1, 2017, to report to the Legislature on the effectiveness of the Medi-Cal pharmacy procedures described above, as specified, and other options and strategies to achieve the greatest savings on prescription drugs for patients. +expand these provisions to also apply to any patient upon presentation of a valid prescription for the patient and evidence of residency in California. The bill would provide that for purposes of these provisions “covered by insurance” does not apply to a prescription for a specific medication prescribed for a patient that is not included on the drug formulary maintained by that patient’s health care service plan or health insurer, and for which the patient is prepared to pay cash.","An act to amend Section 4425 of the Business and Professions Code, relating to pharmacies." +1187,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 18980 of the Food and Agricultural Code is amended to read: +18980. +(a) The application fee for a livestock meat inspector’s license or a processing inspector’s license is one hundred dollars ($100). If an applicant for a license does not take the examination within one year after the date of the receipt of the application by the secretary, the application expires. Reexamination requires the payment of an additional application fee. +(b) Each license shall expire on the last day of the calendar year for which it is issued. The fee shall not be prorated. +(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SEC. 2. +Section 18981 of the Food and Agricultural Code is amended to read: +18981. +(a) Application for renewal of a license accompanied by a fee of one hundred dollars ($100) shall be made on or before its expiration. Applicants for renewal of a license who have not paid the renewal fee by the expiration date of the license shall be assessed a twenty-five dollar ($25) penalty. Failure to pay the renewal fee plus the penalty within 90 days of expiration shall cause a revocation of a license. +(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SEC. 3. +Section 19010 of the Food and Agricultural Code is amended to read: +19010. +(a) Each person shall, before operating a meat processing establishment or a custom livestock slaughterhouse, file an application accompanied with an application fee, with the secretary for a license to operate the establishment. The application shall be in the form as the secretary may prescribe. +(b) Subject to Section 19011.5, the application fee for a meat processing establishment or a new, previously unlicensed custom livestock slaughterhouse is five hundred dollars ($500) for a license for one year for each establishment that the applicant desires to operate. Each license shall expire on the last day of the calendar year for which it was issued. The fee shall not be prorated. +(c) The fee for a license application submitted upon a change of ownership of an existing, previously licensed custom livestock slaughterhouse shall be based on the number of head of livestock slaughtered by the custom livestock slaughterhouse during the preceding October through September time period, as described in subdivision (a) of Section 19011. +(d) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SEC. 4. +Section 19011 of the Food and Agricultural Code is amended to read: +19011. +(a) Application for renewal of a license accompanied by a renewal fee shall be made on or before its expiration. +(1) Subject to Section 19011.5, the annual renewal fee for a custom livestock slaughterhouse is: +(A) Five hundred dollars ($500) if the plant slaughtered 1,000 or fewer head of livestock during the preceding October through September time period. +(B) Seven hundred fifty dollars ($750) if the plant slaughtered between 1,000 and 5,000 head of livestock during the preceding October through September time period. +(C) One thousand two hundred dollars ($1,200) if the plant slaughtered over 5,000 head of livestock during the preceding October through September time period. +(2) Subject to Section 19011.5, the annual renewal fee for a meat reprocessing establishment is five hundred dollars ($500). +(b) Applicants for renewal who have not paid the renewal fee by the expiration date of the license shall be assessed a penalty of 10 percent of the unpaid balance. Failure to pay the renewal fee plus the penalty within 90 days of expiration shall cause a revocation of a license. +(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SEC. 5. +Section 24744 of the Food and Agricultural Code is amended to read: +24744. +(a) Subject to Section 24745.5, the application fee for a new, previously unlicensed poultry plant is five hundred dollars ($500) for a license for one year for each poultry plant that the applicant desires to operate. +(b) The fee for a license application submitted upon change of ownership of an existing, previously licensed poultry plant shall be based on the number of poultry slaughtered by the poultry plant during the preceding October through September time period, as described in subdivision (b) of Section 24745. +(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SEC. 6. +Section 24745 of the Food and Agricultural Code, as added by Section 34 of Chapter 133 of the Statutes of 2011, is repealed. +SEC. 7. +Section 24745 of the Food and Agricultural Code, as added by Section 8 of Chapter 134 of the Statutes of 2011, is amended to read: +24745. +(a) Application for renewal of a license accompanied by a renewal fee shall be made on or before its expiration. +(b) Subject to Section 24745.5, the annual license renewal fee for a poultry plant is: +(1) Five hundred dollars ($500) if the plant slaughtered 10,000 or fewer poultry during the preceding October through September time period. +(2) Seven hundred fifty dollars ($750) if the plant slaughtered between 10,000 and 100,000 poultry during the preceding October through September time period. +(3) One thousand two hundred dollars ($1,200) if the plant slaughtered over 100,000 poultry during the preceding October through September time period. +(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SEC. 8. +Section 25053 of the Food and Agricultural Code is amended to read: +25053. +(a) The application fee for a license is one hundred dollars ($100). +(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SEC. 9. +Section 25055 of the Food and Agricultural Code is amended to read: +25055. +(a) Application for renewal of a license accompanied by a fee of one hundred dollars ($100) shall be made on or before the last day of the calendar year for which the license was issued. +(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. +SEC. 10. +Section 25056 of the Food and Agricultural Code is amended to read: +25056. +(a) Applicants for renewal who have not paid the renewal fee by the expiration date of the license shall be assessed a twenty-five dollar ($25) penalty. Failure to pay the renewal fee plus the penalty within 90 days of expiration shall cause a revocation of a license. +(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.","The California Meat and Poultry Supplemental Inspection Act requires, until January 1, 2017, each person to be licensed before operating a meat processing establishment or a custom livestock slaughterhouse and sets annual license renewal fees for custom livestock slaughterhouses and meat processing establishments. The act, until January 1, 2017, also establishes application fees for initial and renewal of licenses for livestock meat inspectors and processing inspectors. The act imposes a penalty on applicants for renewal who fail to pay the renewal fee by the expiration date of the meat processing establishment, custom livestock slaughterhouse, livestock meat inspector, or processing inspector license and provides cause for revocation of the license if the applicant fails to pay the renewal fee, plus the penalty, within 90 days of the license’s expiration. +Existing law provides for the regulation, inspection, and licensing of poultry plants and for the regulation and licensing of poultry meat inspectors. Existing law, until January 1, 2017, specifies the license application fees for a new, previously unlicensed poultry plant and for a license application submitted upon change of ownership of an existing, previously licensed poultry plant. Existing law, until January 1, 2017, requires that an application for renewal of a license of a poultry plant, accompanied by a specified renewal fee, be made on or before the expiration of the license. +Existing law, until January 1, 2017, specifies the application fee for a poultry meat inspector license application and the renewal fee of that license. Existing law, until January 1, 2017, imposes a penalty of $25 on applicants for renewal who fail to pay the renewal fee by the expiration date of the license, and provides for revocation of the license if the applicant fails to pay the renewal fee, plus the penalty, within 90 days of the license’s expiration. +This bill would extend these licensing and inspector provisions to January 1, 2022, and would delete an obsolete provision.","An act to amend Sections 18980, 18981, 19010, 19011, 24744, 25053, 25055, and 25056 of, and to repeal and amend Section 24745 of, the Food and Agricultural Code, relating to meat." +1188,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 300 of the Welfare and Institutions Code is amended to read: +300. +A child who comes within any of the following descriptions is within the jurisdiction of the juvenile court which may adjudge that person to be a dependent child of the court: +(a) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the child’s parent or guardian. For purposes of this subdivision, a court may find there is a substantial risk of serious future injury based on the manner in which a less serious injury was inflicted, a history of repeated inflictions of injuries on the child or the child’s siblings, or a combination of these and other actions by the parent or guardian that indicate the child is at risk of serious physical harm. For purposes of this subdivision, “serious physical harm” does not include reasonable and age-appropriate spanking to the buttocks if there is no evidence of serious physical injury. +(b) (1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of the failure or inability of his or her parent or guardian to adequately supervise or protect the child, or the willful or negligent failure of the child’s parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left, or by the willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment, or by the inability of the parent or guardian to provide regular care for the child due to the parent’s or guardian’s mental illness, developmental disability, or substance abuse. A child shall not be found to be a person described by this subdivision solely due to the lack of an emergency shelter for the family. Whenever it is alleged that a child comes within the jurisdiction of the court on the basis of the parent’s or guardian’s willful failure to provide adequate medical treatment or specific decision to provide spiritual treatment through prayer, the court shall give deference to the parent’s or guardian’s medical treatment, nontreatment, or spiritual treatment through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, by an accredited practitioner thereof, and shall not assume jurisdiction unless necessary to protect the child from suffering serious physical harm or illness. In making its determination, the court shall consider (1) the nature of the treatment proposed by the parent or guardian, (2) the risks to the child posed by the course of treatment or nontreatment proposed by the parent or guardian, (3) the risk, if any, of the course of treatment being proposed by the petitioning agency, and (4) the likely success of the courses of treatment or nontreatment proposed by the parent or guardian and agency. The child shall continue to be a dependent child pursuant to this subdivision only so long as is necessary to protect the child from risk of suffering serious physical harm or illness. +(2) The Legislature finds and declares that a child who is sexually trafficked, as described in Section 236.1 of the Penal Code, or who receives food or shelter in exchange for, or who is paid to perform, sexual acts described in Section 236.1 or 11165.1 of the Penal Code, +or who has engaged in the conduct described in subdivision (b) of Section 647 or Section 653.22 of the Penal Code, +and whose parent or guardian failed to, or was unable to, protect the child, is within the description of this subdivision, and that this finding is declaratory of existing law. These children shall be known as commercially sexually exploited children. +(c) The child is suffering serious emotional damage, or is at substantial risk of suffering serious emotional damage, evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, as a result of the conduct of the parent or guardian or who has no parent or guardian capable of providing appropriate care. A child shall not be found to be a person described by this subdivision if the willful failure of the parent or guardian to provide adequate mental health treatment is based on a sincerely held religious belief and if a less intrusive judicial intervention is available. +(d) The child has been sexually abused, or there is a substantial risk that the child will be sexually abused, as defined in Section 11165.1 of the Penal Code, by his or her parent or guardian or a member of his or her household, or the parent or guardian has failed to adequately protect the child from sexual abuse when the parent or guardian knew or reasonably should have known that the child was in danger of sexual abuse. +(e) The child is under the age of five years and has suffered severe physical abuse by a parent, or by any person known by the parent, if the parent knew or reasonably should have known that the person was physically abusing the child. For the purposes of this subdivision, “severe physical abuse” means any of the following: any single act of abuse which causes physical trauma of sufficient severity that, if left untreated, would cause permanent physical disfigurement, permanent physical disability, or death; any single act of sexual abuse which causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness; or the willful, prolonged failure to provide adequate food. A child shall not be removed from the physical custody of his or her parent or guardian on the basis of a finding of severe physical abuse unless the social worker has made an allegation of severe physical abuse pursuant to Section 332. +(f) The child’s parent or guardian caused the death of another child through abuse or neglect. +(g) The child has been left without any provision for support; physical custody of the child has been voluntarily surrendered pursuant to Section 1255.7 of the Health and Safety Code and the child has not been reclaimed within the 14-day period specified in subdivision (g) of that section; the child’s parent has been incarcerated or institutionalized and cannot arrange for the care of the child; or a relative or other adult custodian with whom the child resides or has been left is unwilling or unable to provide care or support for the child, the whereabouts of the parent are unknown, and reasonable efforts to locate the parent have been unsuccessful. +(h) The child has been freed for adoption by one or both parents for 12 months by either relinquishment or termination of parental rights or an adoption petition has not been granted. +(i) The child has been subjected to an act or acts of cruelty by the parent or guardian or a member of his or her household, or the parent or guardian has failed to adequately protect the child from an act or acts of cruelty when the parent or guardian knew or reasonably should have known that the child was in danger of being subjected to an act or acts of cruelty. +(j) The child’s sibling has been abused or neglected, as defined in subdivision (a), (b), (d), (e), or (i), and there is a substantial risk that the child will be abused or neglected, as defined in those subdivisions. The court shall consider the circumstances surrounding the abuse or neglect of the sibling, the age and gender of each child, the nature of the abuse or neglect of the sibling, the mental condition of the parent or guardian, and any other factors the court considers probative in determining whether there is a substantial risk to the child. +It is the intent of the Legislature that this section not disrupt the family unnecessarily or intrude inappropriately into family life, prohibit the use of reasonable methods of parental discipline, or prescribe a particular method of parenting. Further, this section is not intended to limit the offering of voluntary services to those families in need of assistance but who do not come within the descriptions of this section. To the extent that savings accrue to the state from child welfare services funding obtained as a result of the enactment of the act that enacted this section, those savings shall be used to promote services which support family maintenance and family reunification plans, such as client transportation, out-of-home respite care, parenting training, and the provision of temporary or emergency in-home caretakers and persons teaching and demonstrating homemaking skills. The Legislature further declares that a physical disability, such as blindness or deafness, is no bar to the raising of happy and well-adjusted children and that a court’s determination pursuant to this section shall center upon whether a parent’s disability prevents him or her from exercising care and control. The Legislature further declares that a child whose parent has been adjudged a dependent child of the court pursuant to this section shall not be considered to be at risk of abuse or neglect solely because of the age, dependent status, or foster care status of the parent. +As used in this section, “guardian” means the legal guardian of the child. +SECTION 1. +Section 602 of the +Welfare and Institutions Code +is amended to read: +602. +(a)Except as provided in subdivision (b), any person who is under 18 years of age when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime, other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court. +(b)Any person who is alleged, when he or she was 14 years of age or older, to have committed one of the following offenses shall be prosecuted under the general law in a court of criminal jurisdiction: +(1)Murder, as described in Section 187 of the Penal Code, if one of the circumstances enumerated in subdivision (a) of Section 190.2 of the Penal Code is alleged by the prosecutor, and the prosecutor alleges that the minor personally killed the victim. +(2)The following sex offenses, if the prosecutor alleges that the minor personally committed the offense and alleges that one of the circumstances enumerated in subdivision (d) or (e) of Section 667.61 of the Penal Code applies: +(A)Rape, as described in paragraph (2) of subdivision (a) of Section 261 of the Penal Code. +(B)Spousal rape, as described in paragraph (1) of subdivision (a) of Section 262 of the Penal Code. +(C)Forcible sex offenses in concert with another, as described in Section 264.1 of the Penal Code. +(D)Forcible lewd and lascivious acts on a child under 14 years of age, as described in subdivision (b) of Section 288 of the Penal Code. +(E)Forcible sexual penetration, as described in subdivision (a) of Section 289 of the Penal Code. +(F)Sodomy or oral copulation in violation of Section 286 or 288a of the Penal Code, by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. +(G)Lewd and lascivious acts on a child under 14 years of age, as defined in subdivision (a) of Section 288, unless the defendant qualifies for probation under subdivision (d) of Section 1203.066 of the Penal Code.","Existing law establishes the jurisdiction of the juvenile court, which may adjudge certain children to be dependents of the court under certain circumstances, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law declares that a child is within the dependency jurisdiction of the juvenile court if the child is a victim of sexual trafficking, or receives food, shelter, or money in exchange for specified sexual acts, as a result of the failure or inability of his or her parent or guardian to protect the child, and declares that this is declaratory of existing law. +This bill would additionally include a child within the dependency jurisdiction of the juvenile court if the child solicits or engages in any act of prostitution or loiters in a public place with the intent to commit prostitution, and the child’s parent or guardian has failed to protect the child. The bill would state that these provisions are declaratory of existing law. +The Arnold-Kennick Juvenile Court Law provides that any person who is under 18 years of age when he or she violates any criminal law while in this state, except an age curfew ordinance or any other specified offense, comes within the jurisdiction of the juvenile court, which may adjudge the person a ward of the court. +This bill would make technical, nonsubstantive changes to that provision.","An act to amend Section +602 +300 +of the Welfare and Institutions Code, relating to juveniles." +1189,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Food is the single most prevalent item in California’s waste stream, with over 5.5 million tons of food dumped in landfills every year in the state. +(b) Four percent of the total energy budget, about 12 percent of the land, and 23 percent of all freshwater consumed in the United States is used to grow food that goes uneaten. +(c) Discarded food is a drain on our economy, costing consumers and industry $162 billion each year nationally. +(d) Reducing food losses by just 15 percent would be equivalent to enough food to feed more than 25 million Americans every year. According to estimates, more than 6 million Californians, including one in four children, suffer from food insecurity. +(e) Dumping uneaten food and other organic waste into landfills releases more than 8.3 million tons of greenhouse gases each year in California, contributing 20 percent of the state’s methane emissions. +(f) Misinterpretation of the date labels on foods is a key factor leading to food waste in American households, and surveys show that 56 to 90 percent of consumers discard food prematurely as a result of misinterpreting food date labels. +(g) It is the public policy of this state that consumers benefit from uniform and accurate expiration date labeling. +SEC. 2. +Section 114094.6 is added to the Health and Safety Code, to read: +114094.6. +(a) If a food manufacturer or retail food facility chooses to include a quality date on foods not identified pursuant to subdivision (b) of Section 114094.7, the quality date shall be displayed in accordance with this section. +(b) (1) On or before July 1, 2017, food for sale or offered for sale in the state that includes a quality date shall meet all of the following requirements: +(A) The quality date shall be displayed with the uniform phrase “best if used by” unless and until the department specifies a different uniform term. The department shall have discretion to modify these guidelines, after consulting with stakeholders in an open public process. +(B) +The quality date and phrase shall be displayed in a single easy-to-read type style using upper and lower case letters in the standard form, in 8-point type size or larger, located in a conspicuous place on the food package. +The +quality +date shall be expressed by the first three letters of the month followed by the numeral designating the appropriate calendar day and year or by expressing the calendar month numerically followed by a numeral designating the calendar day and a numeral designating the year. +(2) The department may adopt regulations modifying these guidelines, after consulting with stakeholders in an open public process, in accordance with the Administrative Procedure Act (Chapter 3.5 (commending with Section 11340) of Part 1 of Division 3 of the Government Code). +(c) For purposes of this article, “quality date” means the date indicated on the label affixed to the packaging or container of food, pursuant to subdivision (b), that communicates to consumers the date after which the food’s quality may begin to deteriorate. +(d) On and after July 1, 2017, a retail food facility shall not sell or offer for sale a food item that is not labeled in accordance with this section or Section 114094.7, as applicable. +(e) (1) A retail food facility may donate a food item that is not labeled in accordance with this section. +(2) This section does not prohibit, and shall not be construed to discourage, the sale, donation, or use of food after the food’s quality date has passed. +(3) Nothing in this section shall be construed to create a legal liability for a retail food provider to ensure that the manufacturer has properly labeled the product. +SEC. 3. +Section 114094.7 is added to the +Health and Safety Code +, to read: +114094.7. +(a)On and after July 1, 2017, a retail food facility that offers for sale any food identified by the department pursuant to subdivision (b) shall, at the time of sale to the consumer, cause the package or container of that food to be labeled in a manner that identifies the elevated-risk date, in accordance with the regulations adopted by the department pursuant to subdivision (c). +(b)The department shall establish a list of ready-to-eat foods that have a high level of risk associated with consumption after a specified date, such as those classified by the United States Food and Drug Administration and the United States Department of Agriculture as “very high risk” or “high risk” for Listeria monocytogenes, and post that list on the department’s Internet Web site. +(c)(1)On or before July 1, 2017, the department shall adopt regulations, in accordance with the Administrative Procedure Act (Chapter 3.5 (commending with Section 11340) of Part 1 of Division 3 of the Government Code), requiring that a retail food facility display the elevated-risk date with the uniform phrase “expires on” unless and until the department specifies a different uniform term. +(2) The department may adopt regulations modifying these guidelines, after consulting with stakeholders in an open public process, in accordance with the Administrative Procedure Act. +(d)For purposes of this section, “elevated risk” means the date indicated on the label affixed to the packaging or container of food, pursuant to subdivision (a), after which there is a high level of risk associated with the consumption of the food product. +(e)On and after July 1, 2017, a retail food facility shall not sell or offer for sale a food item that is not labeled in accordance with this section or Section 114094.6, as applicable. +SEC. 3. +Section 114094.7 is added to the Health and Safety Code, to read: +114094.7. +(a) A food manufacturer may include an elevated risk date on products that require time/temperature control for safety (TCS), as defined by the United States Food and Drug Administration (FDA) Food Code, as published in 2013. +(b) (1) On and after July 1, 2017, food for sale or offered for sale in the state that includes an elevated risk date on the product shall meet both of the following requirements: +(A) The elevated risk date shall be displayed with the uniform phrase “expires on,” unless and until the department specifies a different uniform phrase. +(B) The date shall be expressed by the first three letters of the month, followed by the numerals designating the appropriate calendar day and year or by expressing the calendar month numerically followed by numerals designating the calendar day and year. +(2) The department may adopt regulations adding or exempting foods from the provisions of this section, after consulting with stakeholders in an open public process, in accordance with the Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). +(3) The department may modify the guidelines in this subdivision after consulting with stakeholders in an open public process. +(c) For purposes of this section, “elevated risk date” means the date indicated on the label affixed to the packaging or container after which there is a high level of risk associated with the consumption of the food product. +(d) Nothing in this section shall be construed to create a legal liability for the retail food provider to ensure that the manufacturer has properly labeled the food product. +SEC. 4. +Section 114094.8 is added to the Health and Safety Code, to read: +114094.8. +On or before December 1, 2017, the department shall provide consumer guidance on the meaning of the quality date and safety date food labels. +SEC. 5. +Section 114094.9 is added to the Health and Safety Code, to read: +114094.9. +(a) A retail food facility shall not sell or offer for sale a food item that is labeled with a “sell-by” date, or any date in the labeling of food that is intended to communicate primarily to a distributor or retailer for purposes of stock rotation that is not a quality date or an elevated-risk date. +(b) This section does not prohibit the use of sell-by dates that are presented in a coded format that is not easily readable by consumers. +(c) Nothing in this section shall be construed to create a legal liability for the retail food provider to ensure that the manufacturer has properly labeled the product. +SEC. 6. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. +However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the California Retail Food Code, provides for regulation by the State Department of Public Health of food manufacturers and retail food facilities and the preparation and sale of foods. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided. +This bill would, among other things, require the department to identify a list of ready-to-eat foods that have a high level of risk associated with consumption after a specified date and to post that list on its Internet Web site. The bill would, beginning July 1, 2017, require a food manufacturer or retail food facility that chooses to include a quality date, as defined, on foods for sale that are not identified on the department’s list to display that date using the phrase “best if used by” in 8-point type size or larger type, as specified. The bill would, beginning July 1, 2017, require a +retail food facility +food manufacturer +that +offers for sale a food on the department’s list +elects to include an elevated risk date on products that require time/temperature control for safety (TCS) +to label the package or container of that food identifying the elevated-risk date, as defined, using the phrase “expires +on.” The bill would require the department to adopt related regulations on or before July 1, 2017. +on” or another term specified by the department. The bill would specify that it does not create a legal liability for a retail food provider to ensure that the manufacturer has properly labeled the product +. +The bill would make related findings and declarations. +By creating new crimes and imposing additional enforcement duties on local health agencies, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to add Sections 114094.6, 114094.7, 114094.8, and 114094.9 to the Health and Safety Code, relating to food safety." +1190,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Heavy container corridors connect the Ports of Los Angeles and Long Beach to warehouses and distribution centers throughout the port area. +(b) +These corridors allow port customers to move certain types of heavy cargo, such as agricultural goods, and from the port complex, which enhance the competitiveness of the two ports. +(c) +These specially designated corridors include streets located in the Cities of Los Angeles, Long Beach, Carson, as well as California state routes. Overweight trucks that have a gross vehicle weight in excess of 80,000 pounds, but no more than 95,000 pounds, are allowed to operate on heavy container corridors upon issuance of permits from their respective jurisdictions. +(d) +The Cities of Long Beach and Carson share a common method of determining whether a truck is overweight while traversing heavy container corridors. However, the City of Los Angeles currently uses a different method of determining whether a truck is overweight. +(e) +This difference causes confusion, results in users of the heavy container corridors in the City of Los Angeles to incur fines and penalties, and incentivizes noncompliance with safety measures required on the corridors. +(f) +It is the intent of the Legislature in enacting this act that the Cities of Los Angeles, Carson, and Long Beach all utilize the same methodology to enforce the weight limits established by permits issued by the Department of Transportation for trucks traveling along heavy container corridors. +SECTION 1. +SEC. 2. +Section 35700.5 of the Vehicle Code is amended to read: +35700.5. +(a) The Department of Transportation, upon adoption of an ordinance or resolution that is in conformance with the provisions of this section by the City of Carson, the City of Long Beach, and the City of Los Angeles, covering designated routes, may issue a special permit to the operator of a vehicle, combination of vehicles, or mobile equipment, permitting the operation and movement of the vehicle, combination, or equipment, and its load, on the 3.66-mile portion of State Route 47 and State Route 103 known as the Terminal Island Freeway, between Willow Street in the City of Long Beach and Terminal Island in the City of Long Beach and the City of Los Angeles, and on the 2.4-mile portion of State Highway Route 1, that is between Sanford Avenue in the City of Los Angeles and Harbor Avenue in the City of Long Beach, if the vehicle, combination, or equipment meets all of the following criteria: +(1) The vehicle, combination of vehicles, or mobile equipment is used to transport intermodal cargo containers that are moving in international commerce. +(2) The vehicle, combination of vehicles, or mobile equipment, in combination with its load, has a maximum gross weight in excess of the maximum gross weight limit of vehicles and loads specified in this chapter, but does not exceed 95,000 pounds gross vehicle weight. +(3) (A) The vehicle, combination of vehicles, or mobile equipment conforms to the axle weight limits specified in Section 35550. +(B) The vehicle, combination of vehicles, or mobile equipment conforms to the axle weight limits in Section 35551, except as specified in subparagraph (C). +(C) Vehicles, combinations of vehicles, or mobile equipment that impose more than 80,000 pounds total gross weight on the highway by any group of two or more consecutive axles, exceed 60 feet in length between the extremes of any group of two or more consecutive axles, or have more than six axles shall conform to weight limits that shall be determined by the Department of Transportation. +(b) The permit issued by the Department of Transportation shall be required to authorize the operation or movement of a vehicle, combination of vehicles, or mobile equipment described in subdivision (a). The permit shall not authorize the movement of hazardous materials or hazardous wastes, as those terms are defined by local, state, and federal law. The following criteria shall be included in the application for the permit: +(1) A description of the loads and vehicles to be operated under the permit. +(2) An agreement wherein each applicant agrees to be responsible for all injuries to persons and for all damage to real or personal property of the state and others directly caused by or resulting from the operation of the applicant’s vehicles or combination of vehicles under the conditions of the permit. The applicant shall agree to hold harmless and indemnify the state and all its agents for all costs or claims arising out of or caused by the movement of vehicles or combination of vehicles under the conditions of the permit. +(3) The applicant shall provide proof of financial responsibility that covers the movement of the shipment as described in subdivision (a). The insurance shall meet the minimum requirements established by law. +(4) An agreement to carry a copy of the permit in the vehicle at all times and furnish the copy upon request of an employee of the Department of the California Highway Patrol or the Department of Transportation. +(5) An agreement to place an indicia, developed by the Department of Transportation, in consultation with the Department of the California Highway Patrol, upon the vehicle identifying it as a vehicle possibly operating under this section. The indicia shall be displayed in the lower right area of the front windshield of the power unit. The Department of Transportation may charge a fee to cover the cost of producing and issuing this indicia. +(c) The permit issued pursuant to subdivision (a) shall be valid for one year. The permit may be canceled by the Department of Transportation for any of the following reasons: +(1) The failure of the applicant to maintain any of the conditions required pursuant to subdivision (b). +(2) The failure of the applicant to maintain a satisfactory rating, as required by Section 34501.12. +(3) A determination by the Department of Transportation that there is sufficient cause to cancel the permit because the continued movement of the applicant’s vehicles under the permit would jeopardize the safety of the motorists on the roadway or result in undue damage to the highways listed in this section. +(d) This section does not authorize an applicant or holder of a special permit under subdivision (a) to operate a vehicle or combination of vehicles in excess of the maximum gross weight limit of vehicles and loads specified in this chapter outside of the designated corridors identified in subdivision (a). A violation of this subdivision shall result in the revocation of the permit. +(e) The Department of Transportation may charge a fee to cover the cost of issuing a permit pursuant to subdivision (a). +(f) Notwithstanding Section 35700 and Article 6 (commencing with Section 35780), +if +the City of Carson, the City of Long Beach, and the City of Los Angeles +adopt an ordinance or resolution, as described in subdivision (a), the ordinance or resolution shall conform with the weight limits determined by the Department of Transportation pursuant to this section. +shall use and enforce the axle and gross vehicle weight limits used by the Department of Transportation for a permitted vehicle, combination of vehicles, or mobile equipment operating or moving on a route described in subdivision (a) by individual, and not combined, axle group calculations.","Existing law authorizes the Department of Transportation, upon adoption of an ordinance or resolution by the City of Carson, the City of Long Beach, and the City of Los Angeles, to issue a special permit to the operator of a vehicle, combination of vehicles, or mobile equipment, permitting the operation and movement of the vehicle, combination, or equipment, and its load, on specified routes in those cities if the vehicle, combination, or equipment meets specified criteria. Under existing law, those criteria include that the vehicle, combination of vehicles, or mobile equipment is used to transport intermodal cargo containers that are moving in international commerce, and that the maximum gross weight of the vehicles and loads not exceed 95,000 pounds gross vehicle weight. +This bill would require +the above-mentioned ordinance or resolution to conform with the weight limits determined by the Department of Transportation. +the City of Carson, the City of Long Beach, and the City of Los Angeles to use and enforce the axle and gross vehicle weight limits used by the Department of Transportation for a permitted vehicle, combination of vehicles, or mobile equipment operating or moving on the above-described routes by individual, and not combined, axle group calculations.","An act to amend Section 35700.5 of the Vehicle Code, relating to vehicles." +1191,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares that having a healthy housing market that provides an adequate supply of homes affordable to Californians at all income levels is critical to the economic prosperity and quality of life in the state. +(b) The Legislature further finds and declares all of the following: +(1) Funding approved by the state’s voters in 2002 and 2006, as of June 2014, has financed the construction, rehabilitation, and preservation of over 14,000 shelter spaces and 149,000 affordable homes. These numbers include thousands of supportive homes for people experiencing homelessness. In addition, these funds have helped tens of thousands of families become or remain homeowners. Nearly all of the voter-approved funding for affordable housing was awarded by the beginning of 2016. +(2) The requirement in the Community Redevelopment Law that redevelopment agencies set aside 20 percent of tax increment for affordable housing generated roughly $1 billion per year. With the elimination of redevelopment agencies, this funding stream has disappeared. +(3) In 2014, the Legislature committed 10 percent of ongoing cap-and-trade funds for affordable housing that reduces greenhouse gas emissions and dedicated $100 million in one-time funding for affordable multifamily and permanent supportive housing. In addition, the people of California thoughtfully approved the repurposing of $600 million in already committed bond funds for the creation of affordable rental and permanent supportive housing for veterans through the passage of Proposition 41. +(4) Despite these investments, the need in the State of California greatly exceeds the available resources, with recent data showing 36.2 percent of mortgaged homeowners and 47.7 percent of all renters are spending more than 35 percent of their household incomes on housing. +(5) California has 12 percent of the United States population, but 20 percent of its homeless population. California has the highest percentage of unsheltered homeless in the nation, with 63 percent of homeless Californians not having shelter. California has 24 percent of the nation’s homeless veteran’s population and one-third of the nations’ chronically homeless population. California also has the largest populations of unaccompanied homeless children and youth, with 30 percent of the national total. +(6) Furthermore, four of the top 10 metropolitan areas in the country with the highest rate of homelessness are in the following metropolitan areas in California: San Jose-Sunnyvale-Santa Clara, Los Angeles-Long Beach-Santa Ana, Fresno, and Stockton. +(7) California continues to have the second lowest homeownership rate in the nation, and the Los Angeles metropolitan area is now a majority renter area. In fact, five of the eight lowest homeownership rates are in metropolitan areas in California. +(8) Los Angeles and Orange Counties have been identified as the epicenter of overcrowded housing, and numerous studies have shown that children in crowded homes have poorer health, worse scores on mathematics and reading tests, and higher rates of depression and behavioral problems—even when poverty is taken into account. +(9) Millions of Californians are affected by the state’s chronic housing shortage, including seniors, veterans, people experiencing chronic homelessness, working families, people with mental, physical, or developmental disabilities, agricultural workers, people exiting jails, prisons, and other state institutions, survivors of domestic violence, and former foster and transition-aged youth. +(10) Eight of the top 10 hardest hit cities by the foreclosure crisis in the nation were in California. They include the Cities of Stockton, Modesto, Vallejo, Riverside, San Bernardino, Merced, Bakersfield, and Sacramento. +(11) California’s workforce continues to experience longer commute times as persons in the workforce seek affordable housing outside the areas in which they work. If California is unable to support the construction of affordable housing in these areas, congestion problems will strain the state’s transportation system and exacerbate greenhouse gas emissions. +(12) Many economists agree that the state’s higher than average unemployment rate is due in large part to massive shrinkage in the construction industry from 2005 to 2009, inclusive, including losses of nearly 700,000 construction-related jobs, a 60-percent decline in construction spending, and an 83-percent reduction in residential permits. Restoration of a healthy construction sector will significantly reduce the state’s unemployment rate. +(13) The lack of sufficient housing impedes economic growth and development by making it difficult for California employers to attract and retain employees. +SEC. 2. +Chapter 10 (commencing with Section 34191.10) is added to Part 1.85 of Division 24 of the Health and Safety Code, to read: +CHAPTER 10. Local Control Affordable Housing Act +34191.10. +(a) On or before ____, and on or before the same date each year thereafter, the Department of Finance shall determine the amount of General Fund savings for the fiscal year as a result of the dissolution of redevelopment agencies pursuant to this part. +(b) (1) Upon appropriation, 50 percent of the savings computed pursuant to subdivision (a) or one billion dollars ($1,000,000,000), whichever is +greater, +less, +in each fiscal year shall be allocated to the Department of Housing and Community +Development to provide funding +Development. One-half of these funds shall be retained by the department for state level programs and one-half shall be provided +to local agencies for housing purposes pursuant to subdivision (c). +(2) An appropriation described in paragraph (1) shall be suspended for any fiscal year in which the transfer of General Fund revenues to the Budget Stabilization Account is suspended or reduced or funds are returned to the General Fund from the Budget Stabilization Account pursuant to Section 22 of Article XVI of the California Constitution. +(c) The Department of Housing and Community Development shall create an equitable funding +formula, +formula for funding distributed to local agencies, +which shall be geographically balanced and shall take into account factors of need including, but not limited to, poverty rates and lack of supply of affordable housing for persons of low and moderate incomes in local jurisdictions. +(d) (1) A local agency that has received funds pursuant to this chapter shall only use the funds for any of the following purposes: +(A) The development, acquisition, rehabilitation, and preservation or provision of rental housing and homeownership opportunities that are affordable to extremely low, very low, low-, and moderate-income households, including necessary capitalized reserves for operating and rental subsidies and resident services. +(B) Capitalized reserves for capitalized operating costs, rental subsidies, and resident services connected to the creation of new permanent supportive housing, including, but not limited to, developments funded through the Veterans Housing and Homelessness Prevention Program. +(C) Modifications to homes to increase accessibility and visitability, in conjunction with the construction, acquisition, and rehabilitation or preservation of homes affordable to lower income households. +(D) The acquisition and rehabilitation and reuse of foreclosed and vacant homes. +(E) Infrastructure related to affordable infill housing development and other related infill development infrastructure. +(F) The acquisition of land necessary for the development of affordable housing as part of an overall development strategy. +(G) Rapid rehousing of homeless individuals and families. +(2) At least 25 percent of the expenditures shall be directed towards housing for persons of extremely low income and at least 50 percent of the expenditures shall be directed towards housing for persons of very low income. +(3) Any housing built with funds received pursuant to this chapter shall require, by recorded covenants or restrictions, that housing units built shall remain available at affordable housing costs to, and occupied by, persons and families of very low, low-, or moderate-income households for the longest feasible time, but for not less than 55 years for rental units and 45 years for owner-occupied units. +(4) Any local agency that will receive funds pursuant to this chapter shall provide the Department of Housing and Community Development a plan for a no net loss of housing as a result of destruction of any affordable housing units. +(5) No more than 5 percent of funds received pursuant to +these provisions +this chapter +may be used for administrative costs. +(6) Any local agency that receives funds pursuant to +these provisions +this chapter +shall provide an annual report to the Department of Housing and Community Development on the expenditures of the funds. +(e) If a local agency that receives funds does not expend those funds in full within five years, the local agency shall return those +unexpended +funds to the Department of Housing and Community Development, and the department +may +shall +award those funds to another qualifying local agency. +(f) For the purposes of this chapter the following terms have the following meanings: +(1) “Extremely low income households” has the same meaning as used in Section 50106. +(2) “Low-income households” has the same meaning as the term “lower income households” as defined in Section 50079.5. +(3) “Moderate-income households” has the same meaning as the term “persons and families of moderate income” as defined in Section 50093. +(4) “Very low income households” has the same meaning as used in Section 50105.","Existing law, effective February 1, 2012, dissolved all redevelopment agencies and community development agencies and provides for the designation of successor agencies, as specified. Existing law requires successor agencies to service the enforceable obligations of the dissolved agencies and otherwise wind down the affairs of the dissolved agencies. +This bill would establish the Local Control Affordable Housing Act to require the Department of Finance, on or before ____ and on or before the same date each year thereafter, to determine the state General Fund savings for the fiscal year as a result of the dissolution of redevelopment agencies. The bill would provide that, upon appropriation, 50% of that amount or $1,000,000,000, whichever is +greater, +less, +be allocated to the Department of Housing and Community +Development to provide funding +Development. The bill would require the department to retain +1/2 +of these funds for state level programs and to provide the other +1/2 +to local agencies for housing purposes, except as specified. The bill would require the Department of Housing and Community Development to create an equitable funding +formula, +formula for funding distributed to local agencies, +which +shall +the bill would require to +be geographically balanced and +shall +take into account factors of need including, but not limited to, poverty rates and lack of supply of affordable housing for persons of low and moderate incomes in local jurisdictions. The bill would also specify the housing purposes for which those funds may be used.","An act to add Chapter 10 (commencing with Section 34191.10) to Part 1.85 of Division 24 of the Health and Safety Code, relating to housing." +1192,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 15146 of the Education Code is amended to read: +15146. +(a) The bonds shall be issued and sold pursuant to Section 15140, payable out of the interest and sinking fund of the school district or community college district. The governing board of the school district or community college district may sell the bonds at a negotiated sale or by competitive bidding. +(b) (1) Before the sale, the governing board of the school district or community college district shall adopt a resolution, as an agenda item at a public meeting, that includes all of the following: +(A) Express approval of the method of sale. +(B) Statement of the reasons for the method of sale selected. +(C) Disclosure of the identity of the bond counsel, and the identities of the bond underwriter and the financial adviser if either or both are used for the sale, unless these individuals have not been selected at the time the resolution is adopted, in which case the governing board of the school district or community college district shall disclose their identities at the public meeting occurring after they have been selected. +(D) Estimates of the costs associated with the bond issuance. +(E) If the sale includes bonds that allow for the compounding of interest, including, but not limited to, capital appreciation bonds, disclosure of the financing term and time of maturity, repayment ratio, and the estimated change in the assessed value of taxable property within the school district or community college district over the term of the bonds. +(2) If the sale includes bonds that allow for the compounding of interest, including, but not limited to, capital appreciation bonds, the resolution shall be publicly noticed on at least two consecutive meeting agendas, first as an information item and second as an action item. +(c) If the sale includes bonds that allow for the compounding of interest, including, but not limited to, capital appreciation bonds, the agenda item shall identify that bonds that allow for the compounding of interest are proposed and the governing board of the school district or community college district shall be presented with all of the following: +(1) An analysis containing the total overall cost of the bonds that allow for the compounding of interest. +(2) A comparison to the overall cost of current interest bonds. +(3) The reason bonds that allow for the compounding of interest are being recommended. +(4) A copy of the disclosure made by the underwriter in compliance with Rule G-17 adopted by the federal Municipal Securities Rulemaking Board. +(d) After the sale, the governing board of the school district or community college district shall do both of the following: +(1) Present the actual cost information for the sale at its next scheduled public meeting. +(2) Submit an itemized summary of the costs of the bond sale to the California Debt and Investment Advisory Commission. +(e) The governing board of the school district or community college district shall ensure that all necessary information and reports regarding the sale or planned sale of bonds by the school district or community college district it governs are submitted to the California Debt and Investment Advisory Commission in compliance with Section 8855 of the Government Code. +(f) The bonds may be sold at a discount not to exceed 5 percent and at an interest rate not to exceed the maximum rate permitted by law. If the sale is by competitive bid, the governing board of the school district or community college district shall comply with Sections 15147 and 15148. The bonds shall be sold by the governing board of the school district or community college district no later than the date designated by the governing board of the school district or community college district as the final date for the sale of the bonds. +(g) The proceeds of the sale of the bonds, exclusive of any premium received, shall be deposited in the county treasury to the credit of the building fund of the school district, or community college district as designated by the California Community Colleges Budget and Accounting Manual. The proceeds deposited shall be drawn out as other school moneys are drawn out. The bond proceeds withdrawn shall not be applied to any purposes other than those for which the bonds were issued. At no time shall the proceeds be withdrawn by the school district or community college district for investment outside the county treasury. Any premium or accrued interest received from the sale of the bonds shall be deposited in the interest and sinking fund of the school district or community college district. +(h) The governing board of the school district or community college district may cause to be deposited proceeds of sale of any series of the bonds in an amount not exceeding 2 percent of the principal amount of the bonds in a costs of issuance account, which may be created in the county treasury or held by a fiscal agent appointed by the school district or community college district for this purpose, separate from the building fund and the interest and sinking fund of the school district or community college district. The proceeds deposited shall be drawn out on the order of the governing board of the school district or community college district or an officer of the school district or community college district duly authorized by the governing board of the school district or community college district to make the order, only to pay authorized costs of issuance of the bonds. Upon the order of the governing board of the school district or community college district or duly authorized officer of the school district or community college district, the remaining balance shall be transferred to the county treasury to the credit of the building fund of the school district or community college district. The deposit of bond proceeds pursuant to this subdivision shall be a proper charge against the building fund of the school district or community college district. +(i) The governing board of the school district or community college district may cause to be deposited proceeds of sale of any series of the bonds in the interest and sinking fund of the school district or community college district in the amount of the annual reserve permitted by Section 15250 or in any lesser amount, as the governing board of the school district or community college district shall determine from time to time. The deposit of bond proceeds pursuant to this subdivision shall be a proper charge against the building fund of the school district or community college district. +(j) The governing board of the school district or community college district may cause to be deposited proceeds of sale of any series of the bonds in the interest and sinking fund of the school district or community college district in the amount not exceeding the interest scheduled to become due on that series of bonds for a period of two years from the date of issuance of that series of bonds. The deposit of bonds proceeds pursuant to this subdivision shall be a proper charge against the building fund of the school district or community college district.","The California Constitution limits the maximum amount of any ad valorem tax on real property to 1% of the full cash value of the property. The California Constitution states that the 1% limitation for ad valorem taxes does not apply to ad valorem taxes or special assessments to pay the interest and redemption charges on bonded indebtedness incurred by a school district, community college district, or county office of education for the construction, reconstruction, rehabilitation, or replacement of school facilities approved by 55% of the voters if the proposition includes specified accountability requirements. Existing law requires the proceeds of the sale of the bonds, exclusive of any premium received, to be deposited in the county treasury to the credit of the building fund of the school district, or community college district as designated by the California Community Colleges Budget and Accounting Manual. +This bill would prohibit the proceeds from the sale of bonds from being withdrawn by the school district or community college district for investment outside the county treasury.","An act to amend Section 15146 of the Education Code, relating to school bonds." +1193,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 650 of the Business and Professions Code is amended to read: +650. +(a) Except as provided in Chapter 2.3 (commencing with Section 1400) of Division 2 of the Health and Safety Code, the offer, delivery, receipt, or acceptance by any person licensed under this division or the Chiropractic Initiative Act of any rebate, refund, commission, preference, patronage dividend, discount, or other consideration, whether in the form of money or otherwise, as compensation or inducement for referring patients, clients, or customers to any person, irrespective of any membership, proprietary interest, or coownership in or with any person to whom these patients, clients, or customers are referred is unlawful. +(b) The payment or receipt of consideration for services other than the referral of patients which is based on a percentage of gross revenue or similar type of contractual arrangement shall not be unlawful if the consideration is commensurate with the value of the services furnished or with the fair rental value of any premises or equipment leased or provided by the recipient to the payer. +(c) The offer, delivery, receipt, or acceptance of any consideration between a federally qualified health center, as defined in Section 1396d(l)(2)(B) of Title 42 of the United States Code, and any individual or entity providing goods, items, services, donations, loans, or a combination thereof to the health center entity pursuant to a contract, lease, grant, loan, or other agreement, if that agreement contributes to the ability of the health center entity to maintain or increase the availability, or enhance the quality, of services provided to a medically underserved population served by the health center, shall be permitted only to the extent sanctioned or permitted by federal law. +(d) Except as provided in Chapter 2.3 (commencing with Section 1400) of Division 2 of the Health and Safety Code and in Sections 654.1 and 654.2 of this code, it shall not be unlawful for any person licensed under this division to refer a person to any laboratory, pharmacy, clinic (including entities exempt from licensure pursuant to Section 1206 of the Health and Safety Code), or health care facility solely because the licensee has a proprietary interest or coownership in the laboratory, pharmacy, clinic, or health care facility, provided, however, that the licensee’s return on investment for that proprietary interest or coownership shall be based upon the amount of the capital investment or proportional ownership of the licensee which ownership interest is not based on the number or value of any patients referred. Any referral excepted under this section shall be unlawful if the prosecutor proves that there was no valid medical need for the referral. +(e) Except as provided in Chapter 2.3 (commencing with Section 1400) of Division 2 of the Health and Safety Code and in Sections 654.1 and 654.2 of this code, it shall not be unlawful to provide nonmonetary remuneration, in the form of hardware, software, or information technology and training services, as described in subsections (x) and (y) of Section 1001.952 of Title 42 of the Code of Federal Regulations, as amended October 4, 2007, as published in the Federal Register (72 Fed. Reg. 56632 and 56644), and subsequently amended versions. +(f) “Health care facility” means a general acute care hospital, acute psychiatric hospital, skilled nursing facility, intermediate care facility, and any other health facility licensed by the State Department of Public Health under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code. +(g) Notwithstanding the other subdivisions of this section or any other provision of law, the payment or receipt of consideration for advertising, wherein a licensee offers or sells services through a third-party advertiser, shall not constitute a referral of patients when the third-party advertiser does not itself recommend, endorse, or otherwise select a licensee. The fee paid to the third-party advertiser shall be commensurate with the service provided by the third-party advertiser. If the licensee determines, after consultation with the purchaser of the service, that the service provided by the licensee is not appropriate for the purchaser or if the purchaser elects not to receive the service for any reason and requests a refund, the purchaser shall receive a refund of the full purchase price as determined by the terms of the advertising service agreement between the third-party advertiser and the licensee. The licensee shall disclose in the advertisement that a consultation is required and that the purchaser will receive a refund if not eligible to receive the service. This subdivision shall not apply to basic health care services, as defined in subdivision (b) of Section 1345 of the Health and Safety Code, or essential health benefits, as defined in Section 1367.005 of the Health and Safety Code and Section 10112.27 of the Insurance Code. The entity that provides the advertising shall be able to demonstrate that the licensee consented in writing to the requirements of this subdivision. A third-party advertiser shall make available to prospective purchasers advertisements for services of all licensees then advertising through the third-party advertiser in the applicable geographic region. In any advertisement offering a discount price for a service, the licensee shall also disclose the regular, nondiscounted price for that service. +(h) A violation of this section is a public offense and is punishable upon a first conviction by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by a fine not exceeding fifty thousand dollars ($50,000), or by both that imprisonment and fine. A second or subsequent conviction is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by that imprisonment and a fine of fifty thousand dollars ($50,000).","Existing law provides for the licensure and regulation of various healing arts professions and vocations by boards within the Department of Consumer Affairs. Under existing law, it is unlawful for licensed healing arts practitioners, except as specified, to offer, deliver, receive, or accept any rebate, refund, commission, preference, patronage dividend, discount, or other consideration, in the form of money or otherwise, as compensation or inducement for referring patients, clients, or customers to any person. Existing law makes a violation of this provision a public offense punishable upon a first conviction by imprisonment, as specified, or a fine not exceeding $50,000, or by imprisonment and that fine. +This bill would provide that the payment or receipt of consideration for advertising, wherein a licensed healing arts practitioner offers or sells services through a third-party advertiser, does not constitute a referral of patients when the third-party advertiser does not itself recommend, endorse, or otherwise select a licensee. The bill would require that the fee paid to the third-party advertiser be commensurate with the service provided by the third-party advertiser. The bill would require the purchaser of the service to receive a refund of the full purchase price if the licensee determines, after consultation with the purchaser, that the service provided by the licensee is not appropriate for the purchaser, or if the purchaser elects not to receive the service for any reason and requests a refund, as specified. The bill would require that a licensee disclose in the advertisement that a consultation is required and that the purchaser will receive a refund if not eligible to receive the service. The bill would specify that these provisions do not apply to basic health care services or essential health benefits, as defined. The bill would also provide that the entity that provides advertising is required to be able to demonstrate that the licensee consented in writing to these provisions. The bill would require a third-party advertiser to make available to prospective purchasers advertisements for services of all licensees then advertising through the third-party advertiser in the applicable geographic region and to disclose, in any advertisement offering a discount price for a service, the regular, nondiscounted price for that service.","An act to amend Section 650 of the Business and Professions Code, relating to the healing arts." +1194,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1544 is added to the Civil Code, to read: +1544. +(a) A partial or interim payment or reimbursement of any kind made in connection with an environmental disaster by the responsible polluter or any agent or entity related to the responsible polluter to any recipient shall not release the polluter from liability to the recipient for any claim related to the environmental disaster or for any future claim by the recipient against the polluter, or for both current and future claims. Any such partial or interim payment or reimbursement shall not be conditioned upon the recipient’s agreement to release the polluter from liability for any current or future claim. +(b) Notwithstanding subdivision (a), a payment or reimbursement made in connection with an environmental disaster by the responsible polluter or any agent or entity related to the responsible polluter to any recipient may be credited against the liability of the polluter, agent, or entity to the recipient for any current or future claim that is related to the environmental disaster. +(c) A temporary or final settlement of any kind made in connection with an environmental disaster by the responsible polluter or any agent or entity related to the responsible polluter, to any claimant, shall release the responsible polluter, agent, or entity from liability to the claimant only for acts, omissions, or injuries that are believed by the claimant to have occurred prior to the date of the settlement, and shall not release any claim that is unknown to the claimant at the time of the settlement, occurs subsequent to the settlement, or that is unrelated to the environmental disaster. +(d) Any agreement in violation of subdivision (a) or (c) that is entered into on or after February 1, 2017, is void as a matter of law and against public policy. +(e) For purposes of this section, a “partial or interim payment or reimbursement” is a payment of the recipient’s immediate out-of-pocket expenses, including, but not limited to, food, clothing, and shelter. +(f) The provisions of this section shall only apply to an agreement relating to acts, omissions, or injuries in connection with an environmental disaster that occurred at Southern California Gas Company’s Aliso Canyon gas storage facility or contamination surrounding the Exide Technologies facility in the City of Vernon. +(g) This section shall not apply to any action against a public entity as defined in Section 811.2 of the Government Code. +SEC. 2. +Section 340.85 is added to the Code of Civil Procedure, immediately following Section 340.8, to read: +340.85. +(a) Notwithstanding Section 340.8, in any civil action for injury or illness based upon exposure to a hazardous material or toxic substance, the time for commencement of the action shall be no later than either three years from the date of injury, or three years after the plaintiff becomes aware of, or reasonably should have become aware of, (1) an injury, (2) the physical cause of the injury, and (3) sufficient facts to put a reasonable person on inquiry notice that the injury was caused or contributed to by the wrongful act of another, whichever occurs later. +(b) Notwithstanding Section 340.8, in an action for the wrongful death of any plaintiff’s decedent, based upon exposure to a hazardous material or toxic substance, the time for commencement of an action shall be no later than either (1) three years from the date of the death of the plaintiff’s decedent, or (2) three years from the first date on which the plaintiff is aware of, or reasonably should have become aware of, the physical cause of the death and sufficient facts to put a reasonable person on inquiry notice that the death was caused or contributed to by the wrongful act of another, whichever occurs later. +(c) For purposes of this section: +(1) A “civil action for injury or illness based upon exposure to a hazardous material or toxic substance” does not include an action subject to Section 340.2 or 340.5. +(2) Media reports regarding the hazardous material or toxic substance contamination do not, in and of themselves, constitute sufficient facts to put a reasonable person on inquiry notice that the injury or death was caused or contributed to by the wrongful act of another. +(d) The provisions of this section shall only apply to an action relating to exposure to a hazardous material or toxic substance in connection with an environmental disaster that occurred at Southern California Gas Company’s Aliso Canyon gas storage facility or contamination surrounding the Exide Technologies facility in the City of Vernon. +(e) This section shall not apply to any action against a public entity as defined in Section 811.2 of the Government Code. +SEC. 3. +Section 1021.3 is added to the Code of Civil Procedure, to read: +1021.3. +(a) In any action for private nuisance against an environmental polluter defendant arising out of an environmental disaster for which the defendant has been adjudged civilly liable, the court, upon motion, may award reasonable attorneys’ fees to a prevailing plaintiff against the defendant. +(b) The provisions of this section shall only apply to an environmental disaster that occurred at Southern California Gas Company’s Aliso Canyon gas storage facility or contamination surrounding the Exide Technologies facility in the City of Vernon. +(c) This section shall not apply to any action against a public entity as defined in Section 811.2 of the Government Code. +SEC. 4. +The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution to achieve just and efficient results in civil litigation involving the unique circumstances of damages resulting from specific environmental disasters within the state.","(1) Existing law provides that an obligation is extinguished by a release given to the debtor by the creditor, upon a new consideration, or in writing, with or without new consideration. A general release does not extend to claims the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. +Under this bill, a partial or interim payment or reimbursement, made in connection with an environmental disaster by the responsible polluter or any agent or entity related to the responsible polluter to any recipient, would not release the polluter from liability to the recipient for any claim related to the environmental disaster or for any future claim by the recipient against the polluter, or for both current and future claims. The bill would prohibit any such partial or interim payment or reimbursement from being conditioned upon the recipient’s agreement to release the polluter from liability for any current or future claim. The bill would allow such a payment or reimbursement to any recipient to be credited against the liability of the polluter, agent, or entity to the recipient for any current or future claim that is related to the environmental disaster. +Under the bill, a temporary or final settlement of any kind made in connection with an environmental disaster by the responsible polluter or any agent or entity related to the responsible polluter, to any claimant, would release the responsible polluter, agent, or entity from liability to the claimant only for acts, omissions, or injuries that are believed by the claimant to have occurred prior to the date of the settlement, and would not release any claim that is unknown to the claimant at the time of the settlement, occurs subsequent to the settlement, or that is unrelated to the environmental disaster. +The bill would make any agreement in violation of those prohibitions that is entered into on or after February 1, 2017, void as a matter of law and against public policy. +(2) Existing law establishes statutes of limitations for civil actions for injury or illness or wrongful death based upon exposure to a hazardous material or toxic substance other than asbestos, as specified. For injury or illness, the statute of limitations is 2 years from the date of injury, or 2 years after the plaintiff becomes aware of, or reasonably should have become aware of, an injury, the physical cause of the injury, and sufficient facts to put a reasonable person on inquiry notice that the injury was caused or contributed to by the wrongful act of another, whichever occurs later. For wrongful death, the statute of limitations is no later than either 2 years from the date of the death of the plaintiff’s decedent, or 2 years from the first date on which the plaintiff is aware of, or reasonably should have become aware of, the physical cause of the death and sufficient facts to put a reasonable person on inquiry notice that the death was caused or contributed to by the wrongful act of another, whichever occurs later. +This bill would, notwithstanding the above provision, establish a statute of limitations of 3 years for specified civil actions for injury, illness, or wrongful death based upon exposure to a hazardous material or toxic substance other than asbestos. +(3) Under existing law, except as attorneys’ fees are specifically provided for by statute, the measure and mode of compensation of attorneys is left to the agreement of the parties. +This bill would authorize the court, in any action for private nuisance against an environmental polluter defendant arising out of an environmental disaster for which the defendant has been adjudged civilly liable, upon motion, to award reasonable attorneys’ fees to a prevailing plaintiff against the defendant. +(4) This bill would limit the application of its provisions to damages caused by an environmental disaster that occurred at Southern California Gas Company’s Aliso Canyon gas storage facility, as specified, or contamination surrounding the Exide Technologies facility in the City of Vernon. The bill would specify that its provisions do not apply to any action against a public entity, as defined. +This bill would make legislative findings and declarations as to the necessity of a special statute for these regions.","An act to add Section 1544 to the Civil Code, and to add Sections 340.85 and 1021.3 to the Code of Civil Procedure, relating to environmental disaster." +1195,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1635.1 of the Health and Safety Code is amended to read: +1635.1. +(a) Except as provided in subdivision (b), every tissue bank operating in California on or after July 1, 1992, shall have a current and valid tissue bank license issued or renewed by the department pursuant to Section 1639.2 or 1639.3. +(b) This chapter does not apply to any of the following: +(1) The collection, processing, storage, or distribution of human whole blood or its derivatives by blood banks licensed pursuant to Chapter 4 (commencing with Section 1600) or any person exempt from licensure under that chapter. +(2) The collection, processing, storage, or distribution of tissue for autopsy, biopsy, training, education, or for other medical or scientific research or investigation, when transplantation of the tissue is not intended or reasonably foreseeable. +(3) The collection of tissue by an individual physician and surgeon from his or her patient or the implantation of tissue by an individual physician and surgeon into his or her patient. This exemption shall not be interpreted to apply to any processing or storage of the tissue, except for the processing and storage of semen by an individual physician and surgeon when the semen was collected by that physician and surgeon from a semen donor or obtained by that physician and surgeon from a tissue bank licensed under this chapter. +(4) The collection, processing, storage, or distribution of fetal tissue or tissue derived from a human embryo or fetus. +(5) The collection, processing, storage, or distribution by an organ procurement organization (OPO), as defined in Section 486.302 of Title 42 of the Code of Federal Regulations, if the OPO, at the time of collection, processing, storage, and distribution of the tissue, has been designated by the Secretary of Health and Human Services as an OPO and meets the requirements of Sections 486.304 and 486.306 of Title 42 of the Code of Federal Regulations, as applicable. +(6) The storage of prepackaged, freeze-dried bone by a general acute care hospital. +(7) The storage of freeze-dried bone and dermis by any licensed dentist practicing in a lawful practice setting, if the freeze-dried bone and dermis have been obtained from a licensed tissue bank, are stored in strict accordance with a kit’s package insert and any other manufacturer instructions and guidelines, and are used for the express purpose of implantation into a patient. +(8) The storage of a human cell, tissue, or cellular- or tissue-based product (HCT/P), as defined by the federal Food and Drug Administration (FDA), that is either a medical device approved pursuant to Section 510 or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360 et seq.) or that is a biologic product approved under Section 351 of the federal Public Health Service Act (42 U.S.C. Sec. 262) by a licensed physician or podiatrist acting within the scope and authority of his or her license and practicing in a lawful practice setting. The medical device or biologic product must have been obtained from a California-licensed tissue bank, been stored in strict accordance with the device’s or product’s package insert and any other manufacturer instructions, and used solely for the express purpose of direct implantation into or application on the practitioner’s own patient. In order to be eligible for the exemption in this paragraph, the entity or organization where the physician or podiatrist who is eligible for the exemption is practicing shall notify the department, in writing, that the practitioner is licensed and meets the requirements of this paragraph. The notification shall include all of the following: +(A) A list of all practitioners to whom the notice applies. +(B) Acknowledgment that each listed practitioner uses the medical device or biologic product in the scope and authority of his or her license and practice for the purposes of direct patient care as described in this paragraph. +(C) A statement that each listed practitioner agrees to strictly abide by the directions for storage in the device’s or product’s package insert and any other manufacturer instructions and guidelines. +(D) Acknowledgment by each practitioner that the medical device or biologic product shall not be resold or distributed. +(9) The collection, processing, storage, or distribution of any organ, as defined in paragraph (2) of subdivision (c) of Section 1635, within a single general acute care hospital, as defined in subdivision (a) of Section 1250, operating a Medicare-approved transplant program. +(10) The storage of allograft tissue by a person if all of the following apply: +(A) The person, as defined in Section 1635, is a hospital, or an outpatient setting regulated by the Medical Board of California pursuant to Chapter 1.3 (commencing with Section 1248), including an ambulatory surgical center. +(B) The person maintains a log that includes the date on which the allograft tissue was received, the expiration date of the allograft tissue, the date on which each allograft tissue is used for clinical purposes, and the disposition of any allograft tissue samples that remain unused at the time the allograft tissue expires. +(C) The allograft tissue meets all of the following: +(i) The allograft tissue was obtained from a tissue bank licensed by the state. +(ii) Each allograft tissue is individually boxed and labeled with a unique identification number and expiration date so that opening the shipping container will not disturb or otherwise alter any of the allograft tissue that is not being utilized. +(iii) The allograft tissue is intended for the express purpose of implantation into or application on a patient. +(iv) The allograft tissue is not intended for further distribution. +(v) The allograft tissue is registered with the FDA and designated to be maintained at ambient room temperature requiring no refrigeration.","Existing federal law governs the processing, storage, and use of human tissue and human cell, tissue, or cellular- or tissue-based products (HCT/P), as specified, and imposes certain regulatory duties relating to HCT/P upon the federal Food and Drug Administration (FDA). +Existing state law requires the State Department of Public Health to license and regulate tissue banks, which process, store, or distribute human tissue for transplantation into human beings. Existing law generally requires every tissue bank operating in this state to have a current and valid tissue bank license issued or renewed by the department, but exempts certain activities from that requirement, including the storage of HCT/P by a licensed physician or podiatrist, as specified, if the products were obtained from a California-licensed tissue bank, stored in strict accordance with manufacturer instructions, and used solely for the express purpose of direct implantation into or application on the practitioner’s own patient, among other criteria. +This bill would create an additional exemption from the tissue bank licensing requirement for the storage of allograft tissue by a person if that person is a hospital or outpatient setting, the person maintains a log including specified information pertaining to the allograft tissue, and the allograft tissue meets specified requirements, including, among other things, that the allograft tissue was obtained from a California-licensed tissue bank, is individually boxed and labeled with a unique identification number and expiration date, and is intended for the express purpose of implantation into or application on a patient.","An act to amend Section 1635.1 of the Health and Safety Code, relating to tissue banks." +1196,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2281 of the Corporations Code is amended to read: +2281. +As used in this chapter: +(a) “Agent” means a person who was an officer or director of a corporation, as defined in subdivision (e), at the time the fraudulent acts occurred, was named in a final criminal restitution order in connection with the fraudulent acts, and was acting in the person’s capacity as the corporation’s officer or director when committing the fraudulent acts. +(b) “Application” means a request for payment from the fund submitted to the Secretary of State pursuant to this chapter. +(c) “Claimant” means an aggrieved person who resides in the state at the time of the fraud and who submits an application pursuant to this chapter. +(d) “Complaint,” for the purpose of an application based on a criminal restitution order, means the facts of the underlying transaction or transactions upon which the criminal restitution order is based. +(e) “Corporation” means a domestic corporation as defined by Section 162 or 2509 or a foreign corporation that is qualified to transact business in California pursuant to Section 2105. +(f) “Court of competent jurisdiction” means a state or federal court situated in California. +(g) “Final judgment” means a judgment, arbitration award, or criminal restitution order for which appeals have been exhausted or for which the period for appeal has expired, enforcement of which is not barred by the order of any court or by any statutory provision, which has not been nullified or rendered void by any court order or statutory provision, and for which the claimant has not otherwise been fully reimbursed. The following are examples of final judgments: +(1) A civil judgment that has been entered against a corporation for fraud, misrepresentation, or deceit, with the intent to defraud, and includes findings of facts and conclusions of law. +(2) If the matter was submitted to arbitration, a copy of the arbitration decision and any other documentation supporting the arbitration award. An arbitration award against a corporation for conduct constituting fraud, misrepresentation, or deceit, with the intent to defraud, that includes findings of fact and conclusions of law rendered in accordance with the rules established by the American Arbitration Association or another recognized arbitration body, and in accordance with Sections 1280 to 1294.2, inclusive, of the Code of Civil Procedure where applicable, and where the arbitration award has been confirmed and reduced to judgment pursuant to Section 1287.4 of the Code of Civil Procedure. +(3) A criminal restitution order issued by a court of competent jurisdiction against a corporation, or an agent of the corporation, for fraud, misrepresentation, or deceit, with the intent to defraud, pursuant to subdivision (f) of Section 1202.4 of the Penal Code or Section 3663 of Title 18 of the United States Code. An application for payment from the fund that is based on a criminal restitution order shall comply with all of the requirements of this chapter. +(h) “Fund” means the Victims of Corporate Fraud Compensation Fund created by Section 2280. +(i) “Judgment debtor” means a corporation or agent against which a judgment, arbitration award, or criminal restitution order has been entered for conduct constituting intentional fraud. +SEC. 2. +Section 2282 of the Corporations Code is amended to read: +2282. +(a) When an aggrieved person obtains a final judgment in a court of competent jurisdiction against a corporation based upon the corporation’s fraud, misrepresentation, or deceit, made with intent to defraud, or obtains a criminal restitution order against an agent based upon the agent's fraud, misrepresentation, or deceit, made with intent to defraud while acting in the agent’s capacity as the corporation’s officer or director, the aggrieved person may, upon the judgment becoming final and after diligent collection efforts are made, file an application with the Secretary of State for payment from the fund, within the limitations specified in Section 2289, for the amount unpaid on the judgment that represents the awarded actual and direct loss, any awarded compensatory damages, and awarded costs to the claimant in the final judgment, excluding punitive damages. +(b) The application shall be delivered in person or by certified mail to the Secretary of State not later than 18 months after the judgment has become final. +(c) The application shall be made on a form prescribed by the Secretary of State and shall include each of the following: +(1) The name and address of the claimant. +(2) If the claimant is represented by an attorney for the application, the name, business address, and telephone number of the attorney. If the claimant is not represented by an attorney for the application, a telephone number where the claimant can be reached during regular business hours shall be included. +(3) The name and address of the corporation and the agent, if any. +(4) The identification of the final judgment, the amount of the claim that remains unreimbursed from any source, and an explanation of the claim’s computation. +(5) A copy of a final judgment and a copy of the civil complaint and any amendments thereto upon which the judgment finding fraud, misrepresentation, or deceit, made with the intent to defraud, was made shall be deemed to satisfy compliance with the requirements prescribed in this paragraph. The claimant may also provide any additional documentation that he or she believes may help the Secretary of State in evaluating the application, including, but not limited to, evidence submitted to the court in the underlying judgment or a detailed narrative statement of facts in explanation of the allegations of the complaint upon which the underlying judgment is based. +(6) If the final judgment is a criminal restitution order, the claimant shall provide the charging document and the restitution order, and if the defendant is an agent, documentation showing the defendant named in the restitution order is an agent as defined in this chapter. +(7) A description of searches and inquiries conducted by or on behalf of the claimant with respect to the judgment debtor’s assets liable to be sold or applied to satisfaction of the judgment. A court’s determination or finding of the judgment debtor’s insolvency or lack of assets to pay the claimant shall be deemed to satisfy the requirements prescribed in this paragraph. +(8) Each of the following representations by the claimant: +(A) That the claimant is not a spouse, registered domestic partner, or an immediate family member of an employee, officer, director, managing agent, or other principal of the corporation nor a personal representative of the spouse or an immediate family member of an employee, officer, director, managing agent, or other principal of the corporation. +(B) That the claimant has complied with all of the requirements of this section. +(C) That the judgment underlying the claim meets the requirements of subdivisions (a) and (b) of Section 2282, including all of the following: +(i) That the judgment was for fraud, misrepresentation, or deceit by the corporation or the agent of the corporation, with the intent to defraud. +(ii) That the judgment is unpaid in part or in whole. +(iii) That the underlying judgment and debt have not been discharged in bankruptcy, or the underlying judgment is statutorily nondischargeable, or, in the case of a bankruptcy proceeding that is open at or after the time of the filing of the application, that the judgment and debt have been declared to be nondischargeable by the judge or stipulated as nondischargeable by the parties in the proceeding and that the claimant has been granted permission by the bankruptcy court to proceed with collection or otherwise proceed with the claimant’s claims against the judgment debtor or debtors. +(D) That the claimant does not have a pending claim and has not collected on the final judgment from any other restitution fund. If the claimant has a pending claim or has collected from another fund, a description of the nature of the pending claim and the recovery amounts from any restitution fund. +(d) (1) Except as provided in paragraphs (2), (3), and (4) the Secretary of State shall not condition an award of payment from the fund upon a claimant providing any additional information or documents other than those prescribed in subdivision (c). +(2) If the final judgment in favor of the claimant was by default, stipulated, a consent judgment, or pursuant to Section 594 of the Code of Civil Procedure or if the action against the corporation or its agent was defended by a trustee in bankruptcy, the Secretary of State may request additional documents and information from the claimant to determine whether the claim is valid. +(3) If the final judgment does not expressly set forth the amount of damages that were awarded for actual loss and compensatory damages that are payable from the fund pursuant to Section 2289, the Secretary of State may ask the claimant to provide copies of documentation pertaining to the amount of the actual and direct loss and the awarded compensatory damages or both of those findings. For purposes of this section, “sufficient proof of money damages” may include any of the following: copies of bank account statements showing or confirming particular transactions, copies of the front and back of checks made payable to the corporation that have been negotiated, credit card statements showing or confirming particular transactions, or similar documentation demonstrating financial loss directly resulting from the fraudulent acts by the corporation or its agent and the amount of compensatory damages awarded by the court. +(4) If there is no court determination or finding of the insolvency of the judgment debtor or lack of assets to pay the claimant, the Secretary of State may request additional information and documentation from the claimant to determine what assets, if any, are available to satisfy the final judgment. +(e) The Secretary of State shall include with the application form a notice to the claimant of his or her obligation to protect the underlying judgment from discharge in bankruptcy, to be appended to the application. +(f) If a claimant is a spouse, registered domestic partner, or an immediate family member of an employee, officer, director, managing agent, or other principal of the corporation, or is a personal representative of the spouse, registered domestic partner, or an immediate family member of an employee, officer, director, managing agent, or other principal of the corporation, the claimant shall not be precluded for that reason alone from receiving an award where the claimant can otherwise meet the requirements of this section. +SEC. 3. +Section 2282.1 of the Corporations Code is amended to read: +2282.1. +(a) The Secretary of State shall provide notice to the corporation and all agents named in the application that a claimant has submitted an application for payment from the fund and shall also provide within that notice, as prescribed by the Secretary of State, the method to contest the payment from the fund. +(b) The notice to the corporation shall be provided by certified mail addressed to the corporation’s last designated agent for service of process of record with the Secretary of State and notice shall be deemed complete five calendar days after the notice is mailed. +(c) If the corporation or its agent wishes to contest payment of an application by the Secretary of State, the corporation or agent shall mail or deliver a written response addressed to the Secretary of State within 30 calendar days of the notice of the application, and shall mail or deliver a copy of the response to the claimant. The written response of the corporation or agent shall not be directed to issues and facts conclusively established by the underlying judgment. If the corporation fails to mail or deliver a timely response, the corporation shall have waived the corporation’s right to present objections to payment of the application, and shall not thereafter be entitled to notice of any action taken or proposed to be taken by the Secretary of State with respect to the application. +SEC. 4. +Section 2286 of the Corporations Code is amended to read: +2286. +The Secretary of State shall give notice, as prescribed by the Secretary of State, to the corporation and all agents named in the application that the Secretary of State has made a decision to award funds to the claimant and shall provide a copy of the decision to the corporation and all agents named in the application. +SEC. 5. +Section 2288 of the Corporations Code is amended to read: +2288. +(a) Whenever the court proceeds upon a petition under Section 2287, it shall order payment out of the fund only upon a determination that the aggrieved party has a valid cause of action within the purview of Section 2282, and has complied with Section 2287. +(b) (1) The Secretary of State may defend any action on behalf of the fund and shall have recourse to all appropriate means of defense and review, including examination of witnesses and the right to relitigate any issues that are material and relevant in the proceeding against the fund. The claimant’s judgment shall create a rebuttable presumption of the fraud, misrepresentation, or deceit by the corporation, which presumption shall affect the burden of producing evidence. +(2) If the civil judgment, arbitration award, or criminal restitution order in the underlying action on which the final judgment in favor of the petitioner was by default, stipulation, consent, or pursuant to Section 594 of the Code of Civil Procedure, or if the action against the corporation or its agent was defended by a trustee in bankruptcy, the petitioner shall have the burden of proving that the cause of action against the corporation or its agent was for fraud, misrepresentation, or deceit. +(c) If the final judgment is a criminal restitution order against an agent, the petitioner shall have the burden of proving that the defendant named in the criminal restitution order qualifies as an agent as defined in this chapter. An active corporation, that has submitted a response to the application pursuant to Section 2282.2, may be permitted by the court to appear in the action regarding the sole issue of whether the defendant named in the criminal restitution order qualifies as its agent as defined in this chapter. +(d) The Secretary of State may move the court at any time to dismiss the petition when it appears there are no triable issues and the petition is without merit. The motion may be supported by affidavit of any person or persons having knowledge of the facts, and may be made on the basis that the petition, and the judgment referred to therein, does not form the basis for a meritorious recovery claim within the purview of Section 2282; provided, however, the Secretary of State shall give written notice at least 10 calendar days before hearing on the motion to the claimant. +SEC. 6. +Section 2289 of the Corporations Code is amended to read: +2289. +(a) Notwithstanding any other provision of this chapter and regardless of the number of persons aggrieved in an instance of corporate fraud, or misrepresentation or deceit resulting in a judgment meeting the requirements of Section 2282, or the number of judgments against a corporation or its agent, the liability of the fund shall not exceed fifty thousand dollars ($50,000) for any one claimant per single judgment finding fraud, misrepresentation, or deceit, made with the intent to defraud. +(b) When multiple corporations or their agents are involved in the same event or series of events that are the basis of the claimant’s final judgment and the conduct of two or more of the corporations or their agents results in a judgment meeting the requirements of Section 2282, the claimant may seek recovery from the fund based on the judgment against any one of the corporations or their agents, subject to the limitations of subdivision (a). +(c) When multiple claimants are involved in a corporate fraud, or in misrepresentation or deceit by a corporation or its agents, resulting in a judgment meeting the requirements of Section 2282, each claimant may seek recovery from the fund individually, subject to the limitations of subdivision (a). +(d) Claimants who are spouses, registered domestic partners, or persons other than natural persons, that have obtained an eligible final judgment shall be considered one claimant. +SEC. 7. +Section 2290 of the Corporations Code is amended to read: +2290. +If, at any time, the money deposited in the fund is insufficient to satisfy any duly authorized award or offer of settlement, the Secretary of State shall, when sufficient money has been deposited in the fund, satisfy the unpaid awards or offer of settlement, in the order that the awards or offers of settlement were originally filed. +SEC. 8. +Section 2293.1 of the Corporations Code is amended to read: +2293.1. +If the Secretary of State pays from the fund any amount in settlement of a claim or toward satisfaction of a final judgment against a corporation or its agent, the corporation or its agent shall be required to pay to the fund the amount paid plus interest at the prevailing legal rate applicable to a judgment rendered in any court of this state, within 30 calendar days of the date that the Secretary of State provided notice of the payment of the award or compromise. If the corporation or its agent fails to make the required payment to the fund within the required time, the corporation shall be suspended until the payment is made. A discharge in bankruptcy shall not relieve a corporation or its agent from the penalties and disabilities provided in this chapter. +SEC. 9. +Section 2294 of the Corporations Code is amended to read: +2294. +The Secretary of State shall not make any award to a claimant from the fund if the claimant has received payment from any other restitution funds or for the portions of the judgment that the claimant has collected from the corporation or its agent or any other defendant in the underlying judgment. +SEC. 10. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law establishes the Victims of Corporate Fraud Compensation Fund, a continuously appropriated fund, within the State Treasury administered by the Secretary of State, the sole purpose of which is to provide restitution to victims of corporate fraud. Existing law provides that an aggrieved person who obtains a final judgment, as specified, against a corporation based upon the corporation’s fraud, misrepresentation, or deceit, made with intent to defraud, may file an application with the Secretary of State for payment from the fund for the amount unpaid on the judgment that represents the awarded actual and direct loss to the claimant in the final judgment. +This bill would additionally apply those provisions if an aggrieved person obtains a criminal restitution order against an agent, as defined, of a corporation based upon those same circumstances. The bill would also make conforming changes. By allowing for additional payments to be made from the Victims of Corporate Fraud Compensation Fund, this bill would make an appropriation. +Existing law requires the application filed with the Secretary of State to include specified information and documentation, and imposes criminal penalties for the filing of any documents that are false or untrue or contain any willful, material misstatements of fact. +This bill would require, if the final judgment is a criminal restitution order, the claimant to provide the charging document and the restitution order, and if the defendant is an agent, documentation showing the defendant named in the restitution order is an agent as defined in this bill. By expanding the scope of a crime, this bill would impose a state-mandated local program. +Existing law requires, if, at any time, the money deposited in the Victims of Corporate Fraud Compensation Fund is insufficient to satisfy any duly authorized award or offer of settlement, the Secretary of State to, when sufficient money has been deposited in the fund, satisfy the unpaid award or offer of settlement, plus specified accumulated interest. +This bill would eliminate the requirement to pay that specified accumulated interest. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 2281, 2282, 2282.1, 2286, 2288, 2289, 2290, 2293.1, and 2294 of the Corporations Code, relating to fraud, and making an appropriation therefor." +1197,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) That service animals are a special class of animals uniquely deserving of protections and accommodations in law, and are already clearly defined in California law and in federal law. +(b) That so-called “support,” “companion,” or “emotional support” animals are not clearly defined in law, and their appropriate use in the context of rental housing requires clarification. +(c) That it is beneficial to supply additional guidance to both landlords and tenants as to appropriate conditions regarding support animals that may be included within a residential lease. +(d) That this act is intended to supply identifying criteria for support animals and to distinguish them from service animals and from other pets and to ensure that support animals are not barred from a tenancy by a “no pets” policy. +SEC. 2. +Section 1941.7 is added to the Civil Code, to read: +1941.7. +(a) A residential lease may require a tenant who possesses a support animal on the rented premises or associated common areas to be subject to the following conditions: +(1) That the tenant notify, and receive approval from, the landlord prior to bringing the support animal on the rented premises or associated common areas. +(2) That the support animal be housebroken. +(3) That the support animal not disturb the quiet enjoyment of the premises by other tenants or pose a threat to other tenants or their property. +(4) That the presence of the animal not jeopardize the availability or price of insurance. +(b) If a tenant or prospective tenant satisfies the conditions specified in subdivision (a), the tenant or prospective tenant shall not be prohibited from possessing a support animal on the rented premises or associated common areas. +(c) If a residential lease contains the conditions described in subdivision (a), a breach of any one of the conditions constitutes a breach of the lease. +(d) This section shall not affect either of the following: +(1) The amount of, or ability to pursue, a security deposit, including a pet deposit, under any law. +(2) The ability or rights under any law to possess a service animal. +(e) For purposes of this section, all of the following shall apply: +(1) “Prescribed” has the same meaning as the term “prescription” as that term is defined by Section 4040 of the Business and Professions Code. +(2) “Service animal” includes any of the following: +(A) A “guide dog” as defined by clause (i) of subparagraph (C) of paragraph (6) of subdivision (b) of Section 54.1. +(B) A “signal dog” as defined by clause (ii) of subparagraph (C) of paragraph (6) of subdivision (b) of Section 54.1. +(C) A “service dog” as defined by clause (iii) of subparagraph (C) of paragraph (6) of subdivision (b) of Section 54.1. +(D) A “service animal” as defined by Section 113903 of the Health and Safety Code. +(3) “Support animal” means a support dog, companion animal, emotional support animal, or assistive animal that is prescribed by a California licensed physician or licensed mental health professional in order to treat a mental or emotional illness or mental or emotional disability. A support animal does not include a service animal. +SECTION 1. +Section 1941.7 is added to the +Civil Code +, to read: +1941.7. +(a)A tenant may maintain a support animal on the property if both of the following conditions are met: +(1)The tenant has obtained a prescription validating the need for the support animal from a California–licensed mental health care professional that may be verified by the landlord. +(2)The tenant complies with all federal, state, and local requirements, including, but not limited to, local licensing requirements and limitations on the number of animals maintained on the property. +(b)A tenancy may be terminated or a tenant may be denied accommodations on the property for having a support animal if any of the following apply: +(1)The support animal was brought on the property without notice to the landlord. +(2)The support animal is not house broken. +(3)The support animal creates a financial hardship on the real property owner. +(4)The support animal jeopardizes the availability of property insurance. +(5)The support animal poses a threat to other tenants or the property. +(c)The landlord may do both of the following: +(1)Require tenants with support animals to adhere to all standards that are imposed uniformly on all tenants. +(2)Include the payment of an extra charge or security deposit for maintaining a support animal on the property. +(d)A tenant shall not maintain any state or federally protected species, venomous reptiles, amphibians or insects, or any other illegal species as a support animal. +(e)For purposes of this section, both of the following definitions shall apply: +(1)“Prescription” has the same meaning as that term is defined in Section 4040 of Business and Professions Code. +(2)“Support animal” includes a support dog, companion animal, emotional support animal, or assistive animal. A support animal does not include a guide dog, signal dog, or service dog as defined in subparagraph (C) of paragraph (6) of subdivision (b) of Section 54.1. +SEC. 2. +Section 30851 of the +Food and Agricultural Code +is amended to read: +30851. +(a)The owners of assistance dogs and support animals shall comply with all state and local ordinances regarding health and licensure requirements. +(b)For purposes of this section, “support animal” has the same meaning as that term is defined in Section 1941.7 of the Civil Code.","Existing law regulates the relationship between landlord and tenant and the terms and conditions of tenancies. +This bill would authorize a tenant to maintain a support animal, as defined, on the property if specified conditions are met. This bill would authorize a tenancy to be terminated or a tenant to be denied accommodations on the property for having a support animal if specified conditions apply. This bill would authorize the landlord to require tenants with support animals to adhere to all standards that are imposed uniformly on all tenants and to include the payment of an extra charge or security deposit for maintaining a support animal on the property. This bill would prohibit a tenant from maintaining any protected species, venomous reptiles, amphibians or insects, or any other illegal species as a support animal. +Existing law requires the owners of assistance dogs to comply with all state and local ordinances regarding health and licensure requirements. +This bill would expand that requirement by also making it applicable to support animals. +This bill would authorize a residential lease to require a tenant who possesses a support animal, as defined, on the rented premises or associated common areas to be subject to specified conditions, and would require a breach of these conditions, if contained in the lease, to be a breach of the lease. The bill would provide that a tenant or prospective tenant shall not be prohibited from possessing a support animal on the rented premises or associated common areas if the tenant or prospective tenant satisfies specified conditions.","An act to add Section 1941.7 to the Civil +Code, and to amend Section 30851 of the Food and Agricultural +Code, relating to support animals." +1198,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Commute patterns throughout northern California, and in particular through the Altamont Pass corridor, traverse the boundaries of traditional metropolitan planning agencies. The Altamont Pass corridor, located in the center of northern California’s megaregion, is the gateway to the Tri—Valley—a vital node in the bay area’s economic ecosystem and a key bay area transportation route. Strategic and planned interregional mobility is essential to sustained economic vitality. +(b) Connecting the Bay Area Rapid Transit District’s rapid transit system and the Altamont Corridor Express in Livermore, as recommended by the Metropolitan Transportation Commission’s regional rail plan, would increase interregional mobility, providing much-needed highway capacity for expanded goods movement to the bay area’s five seaports. It would also relieve pressure on Interstate 580 and other transportation systems, given the exponential population growth in the central valley. +(c) The Bay Area Rapid Transit District has stated its priority is to operate and maintain its existing core commuter rail system; expansion is not a priority for the Bay Area Rapid Transit District. Recent rail expansions in other parts of the state have been successfully implemented by single purpose agencies such as the Metro Gold Line Foothill Extension Construction Authority and the Santa Clara Valley Transportation Authority. +(d) The Altamont Pass Regional Rail Authority is needed to connect the Bay Area Rapid Transit District’s rapid transit system and the Altamont Corridor Express in Tri-Valley and would be responsive to local needs and issues by including local stakeholders in land use and transit planning decisions. +(e) Consistent with the Bay Area Regional Rail Plan adopted by the Metropolitan Transportation Commission (Resolution 3826), the heavy rail connection between the Bay Area Rapid Transit District’s rapid transit system and the Altamont Corridor Express is a matter of state interest, and all planning, analysis, alternatives, and mitigations for projects undertaken by the Altamont Pass Regional Rail Authority should be consistent with that state interest. +SEC. 2. +It is the intent of the Legislature to establish the Altamont Pass Regional Rail Authority to plan and deliver a cost effective and responsive rail extension that connects the Bay Area Rapid Transit District’s rapid transit system and the Altamont Corridor Express in the Tri-Valley, within the City of Livermore, to address regional economic and transportation challenges. +SEC. 3. +Chapter 8 (commencing with Section 132651) is added to Division 12.7 of the Public Utilities Code, to read: +CHAPTER 8. Altamont Pass Regional Rail Authority +132651. +As used in this chapter, the following terms have the following meanings: +(a) “Authority” means the Altamont Pass Regional Rail Authority created under this chapter. +(b) “Bay Area Rapid Transit” means the Bay Area Rapid Transit District’s rapid transit system. +(c) “Board” means the governing board of the authority. +(d) “Connection” means an interregional rail connection between Bay Area Rapid Transit and the Altamont Corridor Express in the Tri-Valley, within the City of Livermore. +(e) “Phase 1 Project” means the first phase of the connection, which will extend Bay Area Rapid Transit along Interstate 580 to a new station in the vicinity of the Isabel Avenue interchange in the City of Livermore. +132652. +The authority is hereby established for purposes of planning and delivering a cost-effective and responsive connection that meets the goals and objectives of the community. +132653. +By December 1, 2017, the board shall publish a detailed management, finance, and implementation plan relating to the connection. +132655. +The governing board of the authority shall be composed of one representative from each of the following entities to be appointed by the governing board, mayor, or supervisor of each entity: +(a) The Altamont Corridor Express. +(b) The Bay Area Rapid Transit District. +(c) The City of Dublin. +(d) The City of Livermore. +(e) The City of Pleasanton. +(f) The City of Tracy. +(g) The County of Alameda. +(h) The County of San Joaquin. +(i) The East Bay Leadership Council. +(j) Innovation Tri-Valley. +(k) The Livermore Amador Valley Transit Authority. +(l) San Joaquin Partnership. +132660. +(a) The board may appoint an executive director to serve at the pleasure of the board. +(b) The executive director is exempt from all civil service laws and shall be paid a salary established by the board. +(c) The executive director may appoint staff or retain consultants as necessary to carry out the duties of the authority. +(d) All contracts approved and awarded by the executive director shall be awarded in accordance with state and federal laws relating to procurement. Awards shall be based on price or competitive negotiation, or on both of those things. +132665. +The Livermore Amador Valley Transit Authority shall enter into a memorandum of understanding with the San Joaquin Regional Rail Commission to comanage the rail-specific elements necessary to support the authority. For an initial one-year period, the Livermore Amador Valley Transit Authority’s administrative staff shall, if that authority has appointed a member to the board in accordance with Section 132655, provide all necessary administrative support to the board to perform its duties and responsibilities and may perform for the board any and all activities that they are authorized to perform for the Livermore Amador Valley Transit Authority. At the conclusion of the initial period, the board may, through procedures that it determines, select the Livermore Amador Valley Transit Authority, San Joaquin Regional Rail Commission, or another existing public rail transit agency for one three-year term immediately following the initial period, and thereafter for five-year terms, to provide all necessary administrative support staff to the board to perform its duties and responsibilities. +132670. +The Bay Area Rapid Transit District shall identify and expeditiously enter into an agreement with the authority to hold in trust for the authority all real and personal property and any other assets accumulated in the planning, environmental review, design, right-of-way acquisition, permitting, and construction of the connection, including, but not limited to, rights-of-way, documents, interim work products, studies, third-party agreements, contracts, and design documents, as necessary for completion of the connection. +132675. +All unencumbered moneys dedicated for the completion of the Phase 1 Project or the connection shall be transferred to the authority for the completion of the connection. +132680. +The authority shall not be responsible for any core system upgrades that preexist its establishment. This includes both existing core system deficiencies necessary to support planned service frequency upgrades and any core system upgrades needed to support prior system expansions, including, but not limited to, the Silicon Valley rapid transit corridor. +132685. +Upon the completion of the connection or any phase of the connection, the Bay Area Rapid Transit District shall assume ownership of all physical improvements constructed for that phase or the connection, and shall assume operational control, maintenance responsibilities, and related financial obligations of the phase or connection. +132690. +(a) The authority has all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and building the Phase 1 Project and connection, including, but not limited to, all of the following: +(1) Acceptance of grants, fees, allocations, and transfers of moneys from federal, state, and local agencies, including, but not limited to, moneys from local measures, as well as private entities. +(2) Acquiring, through purchase or through eminent domain proceedings, any property necessary for, incidental to, or convenient for, the exercise of the powers of the authority. +(3) Incurring indebtedness, secured by pledges of revenue available for the Phase 1 Project or connection completion. +(4) Contracting with public and private entities for the planning, design, and construction of the connection. These contracts may be assigned separately or may be combined to include any or all tasks necessary for completion of the Phase 1 Project or connection. +(5) Entering into cooperative or joint development agreements with local governments or private entities. These agreements may be entered into for purposes of sharing costs, selling or leasing land, air, or development rights, providing for the transferring of passengers, making pooling arrangements, or for any other purpose that is necessary for, incidental to, or convenient for the full exercise of the powers granted to the authority. For purposes of this paragraph, “joint development” includes, but is not limited to, an agreement with any person, firm, corporation, association, or organization for the operation of facilities or development of projects adjacent to, or physically or functionally related to, the Phase 1 Project or connection. +(6) Relocation of utilities, as necessary for completion of the connection. +(7) Conducting all necessary environmental reviews, including, but not limited to, completing environmental impact reports. +(b) The duties of the authority include, but are not limited to, both of the following: +(1) Conducting the financial studies and the planning and engineering necessary for completion of the Phase 1 Project and connection. Although this duty rests solely on the authority, the authority may exercise any of the powers described in subdivision (a) to fulfill this duty. +(2) Adoption of an administrative code, not later than December 1, 2017, for administration of the authority in accordance with any applicable laws, including, but not limited to, the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), the provisions of this chapter, laws generally applicable to local agency procurement and contracts, laws relating to contracting goals for minority and women business participation, and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). +132694. +The authority shall enter into a memorandum of understanding with the Bay Area Rapid Transit District that shall address the ability of the Bay Area Rapid Transit District to review any significant changes in the scope of the design or construction, or both design and construction, of the Phase 1 Project and connection. +132695. +The Department of Transportation shall expedite reviews and requests related to the Phase 1 Project or connection and shall provide responses within 60 days. +132697. +On or before December 1, 2017, and annually thereafter, the authority shall provide a project update report to the public, to be posted on the authority’s Internet Web site, on the development and implementation of the Phase 1 Project and connection. The report, at a minimum, shall include a project summary, as well as details by phase, with all information necessary to clearly describe the status of the phase, including, but not limited to, all of the following: +(a) A summary describing the overall progress of the phase. +(b) The baseline budget for all phase costs, by segment or contract. +(c) The current and projected budget, by segment or contract, for all phase costs. +(d) Expenditures to date, by segment or contract, for all phase costs. +(e) A summary of milestones achieved during the prior year and milestones expected to be reached in the coming year. +(f) Any issues identified during the prior year and actions taken to address those issues. +(g) A thorough discussion of risks to the project and steps taken to mitigate those risks. +132699. +The authority shall be dissolved upon both the completion of the connection and the assumption by Bay Area Rapid Transit District of operational control of the connection as provided in Section 132685. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SECTION 1. +Section 30814 of the +Streets and Highways Code +is amended to read: +30814. +(a)No toll shall be imposed on the passage of a pedestrian or bicycle over any bridge that is part of the state highway system, on which the travel of pedestrians and bicycles is otherwise authorized, and on which tolls are imposed on the passage of motor vehicles, including any bridge constructed pursuant to a franchise granted under this article. +(b)This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.","Existing law provides for the creation of statewide and local transportation agencies, which may be established as joint powers authorities or established expressly by statute. Existing law establishes the Bay Area Rapid Transit District, which is authorized to acquire, construct, own, operate, control, or use rights-of-way, rail lines, bus lines, stations, platforms, switches, yards, terminals, parking lots, and any and all other facilities necessary or convenient for rapid transit service. +This bill would establish the Altamont Pass Regional Rail Authority for purposes of planning and delivering a cost effective and responsive interregional rail connection between the Bay Area Rapid Transit District’s rapid transit system and the Altamont Corridor Express in the Tri-Valley, within the City of Livermore, that meets the goals and objectives of the community. The bill would require the authority’s governing board to be composed of 12 representatives and would authorize the authority to appoint an executive who may appoint staff or retain consultants. The bill would provide specified authorizations and duties to the authority. +This bill would require all unencumbered moneys dedicated for the completion of the connection to be transferred to the authority. The bill would require the Bay Area Rapid Transit District to assume ownership of all physical improvements, and to assume operational control, maintenance responsibilities, and related financial obligations for the connection, upon its completion. The bill would require the Department of Transportation to expedite reviews and requests related to the connection. The bill would require the authority to provide a project update report to the public, to be posted on the authority’s Internet Web site, on the development and implementation of the connection. +By imposing new duties on local governmental entities, this bill would create a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +Existing law, until January 1, 2021, prohibits a toll from being imposed on the passage of a pedestrian or bicycle over any bridge that is part of the state highway system, as specified. +This bill would extend that prohibition until January 1, 2022.","An act to amend Section 30814 of the Streets and Highways Code, relating to transportation. +An act to add Chapter 8 (commencing with Section 132651) to Division 12.7 of the Public Utilities Code, relating to transportation." +1199,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1170.18 of the Penal Code is amended to read: +1170.18. +(a) A person who, on November 5, 2014, was serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section (“this act”) had this act been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing in accordance with Sections 11350, 11357, or 11377 of the Health and Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those sections have been amended or added by this act. +(b) Upon receiving a petition under subdivision (a), the court shall determine whether the petitioner satisfies the criteria in subdivision (a). If the petitioner satisfies the criteria in subdivision (a), the petitioner’s felony sentence shall be recalled and the petitioner resentenced to a misdemeanor pursuant to Sections 11350, 11357, or 11377 of the Health and Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those sections have been amended or added by this act, unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety. In exercising its discretion, the court may consider all of the following: +(1) The petitioner’s criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes. +(2) The petitioner’s disciplinary record and record of rehabilitation while incarcerated. +(3) Any other evidence the court, within its discretion, determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety. +(c) As used throughout this Code, “unreasonable risk of danger to public safety” means an unreasonable risk that the petitioner will commit a new violent felony within the meaning of clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667. +(d) A person who is resentenced pursuant to subdivision (b) shall be given credit for time served and shall be subject to parole for one year following completion of his or her sentence, unless the court, in its discretion, as part of its resentencing order, releases the person from parole. Such person is subject to Section 3000.08 parole supervision by the Department of Corrections and Rehabilitation and the jurisdiction of the court in the county in which the parolee is released or resides, or in which an alleged violation of supervision has occurred, for the purpose of hearing petitions to revoke parole and impose a term of custody. +(e) Under no circumstances may resentencing under this section result in the imposition of a term longer than the original sentence. +(f) A person who has completed his or her sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under this act had this act been in effect at the time of the offense, may file an application before the trial court that entered the judgment of conviction in his or her case to have the felony conviction or convictions designated as misdemeanors. +(g) If the application satisfies the criteria in subdivision (f ), the court shall designate the felony offense or offenses as a misdemeanor. +(h) Unless requested by the applicant, no hearing is necessary to grant or deny an application filed under subsection (f ). +(i) The provisions of this section shall not apply to persons who have one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. +(j) Any petition or application under this section shall be filed on or before November 4, 2022, or at a later date upon showing of good cause. +(k) Any felony conviction that is recalled and resentenced under subdivision (b) or designated as a misdemeanor under subdivision (g) shall be considered a misdemeanor for all purposes, except that such resentencing shall not permit that person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6. +(l) If the court that originally sentenced the petitioner is not available, the presiding judge shall designate another judge to rule on the petition or application. +(m) Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant. +(n) Nothing in this and related sections is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this act. +(o) A resentencing hearing ordered under this act shall constitute a “post‑conviction release proceeding” under paragraph (7) of subdivision (b) of Section 28 of Article I of the California Constitution (Marsy’s Law).","Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, reduced the penalties for various crimes. Under the provisions of the act, a person currently convicted of a felony or felonies who would have been guilty of a misdemeanor under the act if the act had been in effect at the time of the conviction may petition or apply to have the sentence reduced in accordance with the act. That act requires that this petition or application be filed before November 4, 2017, or at a later date upon a showing of good cause. +Proposition 47 authorizes its provisions to be amended by a statute that is consistent with and furthers its intent and that is passed by a +2/3 +vote of each house of the Legislature and is signed by the Governor. Proposition 47 also provides that the Legislature may, by majority vote, amend, add, or repeal provisions to further reduce the penalties for offenses it addresses. +This bill would instead authorize a person to petition or apply for a reduction of sentence before November 4, 2022, or at a later date upon a showing of good cause. Because the bill would extend the period of time in which a person could file a petition or application without a showing of good cause, the bill would amend the act and would require a +2/3 +vote of the Legislature.","An act to amend Section 1170.18 of the Penal Code, relating to sentencing." diff --git a/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-6.csv b/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-6.csv new file mode 100644 index 0000000000..68611e2629 --- /dev/null +++ b/sdk/python/endpoints/batch/bart-text-summarization/data/billsum-6.csv @@ -0,0 +1,1952 @@ +Unnamed: 0,text,summary,title +1200,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 69510 of the Education Code is amended to read: +69510. +The Student Aid Commission shall be composed of the following 17 members: +(a) One representative from public, proprietary, or nonprofit postsecondary schools located in California. +(b) One representative from a California independent college or university. +(c) One representative each from the University of California, the California State University, and the California Community Colleges. +(d) (1) Four student members, one from each of the following postsecondary educational institutions: +(A) The University of California. +(B) The California State University. +(C) The California Community Colleges. +(D) A California private postsecondary educational institution. +(2) A student member described in paragraph (1) shall be enrolled in the postsecondary educational institution at the time of appointment, and shall be enrolled in that institution for the duration of the term. A student member who graduates from an institution with no more than six months of his or her term remaining shall be permitted to serve for the remainder of the term. +(e) Three public members. +(f) One representative from a California secondary school. +(g) Two representatives appointed by the Senate Rules Committee. +(h) Two representatives appointed by the Speaker of the Assembly. +SEC. 2. +Section 69511 of the Education Code is amended to read: +69511. +(a) Except as provided in subdivision (b), each member of the commission shall have a four-year term; provided, that members appointed pursuant to subdivision (d) of Section 69510 shall have terms of two academic years. +(b) The term of one member appointed pursuant to subdivision (g) of Section 69510 and the term of one member appointed pursuant to subdivision (h) of Section 69510, effective January 1, 1991, shall be for five years. Each subsequent term for members appointed pursuant to this subdivision shall be for four years. +(c) Appointment to the commission of members appointed pursuant to subdivisions (a) to (f), inclusive, of Section 69510 shall be made by the Governor subject to confirmation by the Senate. +(d) Any vacancy shall be filled by the appointment of a person who will have the same status as the predecessor of the appointee. The appointee shall hold office only for the balance of the unexpired term. +(e) Each member of the commission shall receive a stipend of one hundred dollars ($100) for each day in which he or she attends any meeting of the commission or any meeting of any committee or subcommittee of the commission, of which committee or subcommittee he or she is a member, and which committee or subcommittee meeting is conducted for the purpose of carrying out the powers and duties of the commission. In addition, each member shall receive his or her actual and necessary traveling expenses incurred in the course of his or her duties. +(f) (1) If an act of Congress establishes a program of scholarships or grants for undergraduate students and permits administration of the program within a state by a state agency, the Student Aid Commission, as established by Section 69510, shall administer the act within the state if the Governor and the Student Aid Commission, by a majority vote of its entire membership, determine that the participation by the state in the federal scholarship or grant program under the act would not interfere with or jeopardize the continuation of the scholarship program established under Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3. +(2) The commission shall constitute the state commission on federal scholarships or grants and is hereby empowered to formulate a plan for development and administration of any federal scholarship or grant program within the state. +(3) Subject to the provisions of this chapter, the commission is hereby vested with all necessary power and authority to cooperate with the government of the United States, or any agency or agencies thereof, in the administration of any act of Congress establishing a scholarship or grant program and the rules and regulations adopted thereunder. +(4) Before adopting a state plan, the commission, acting as the state commission on federal scholarships or grants, shall hold public hearings as provided in the California Administrative Procedure Act. +SEC. 2.5. +Section 69511 of the Education Code is amended to read: +69511. +(a) (1) Except as provided in subdivision (b), each member of the commission, other than a student member, shall have a four-year term. +(2) (A) A student member appointed pursuant to subdivision (d) of Section 69510 shall have a term of two academic years. +(B) Upon expiration of the student member’s two-year term, if the Governor has not appointed a successor, the student member may remain in office for one additional year or until the Governor appoints a successor, whichever occurs first. The requirements of subdivision (d) of Section 69510 do not apply to a student in the additional year under this paragraph. +(C) The commission shall notify the appropriate student organization for each segment, as described in Section 69511.5, of a pending student member vacancy no less than three months before the expiration of the term, and of the appropriate student organization’s opportunity to submit a list of nominees pursuant to Section 69511.5. +(b) The term of one member appointed pursuant to subdivision (g) of Section 69510 and the term of one member appointed pursuant to subdivision (h) of Section 69510, effective January 1, 1991, shall be for five years. Each subsequent term for members appointed pursuant to this subdivision shall be for four years. +(c) Appointment to the commission of members appointed pursuant to subdivisions (a) to (f), inclusive, of Section 69510 shall be made by the Governor subject to confirmation by the Senate. +(d) Any vacancy shall be filled by the appointment of a person who will have the same status as the predecessor of the appointee. The appointee shall hold office only for the balance of the unexpired term. +(e) (1) Each member of the commission shall receive a stipend of one hundred dollars ($100) for each day in which he or she attends any meeting of the commission or any meeting of any committee or subcommittee of the commission, of which committee or subcommittee he or she is a member, and which committee or subcommittee meeting is conducted for the purpose of carrying out the powers and duties of the commission. In addition, each member shall receive his or her actual and necessary traveling expenses incurred in the course of his or her duties. +(2) In addition, if a student member who attends a qualifying institution, as defined in Section 69432.7, is not the recipient of a Cal Grant award, the qualifying institution, as a condition of participation in the Cal Grant program, shall waive the student member’s tuition, up to the maximum award amount for that institution, for the duration of the student member’s term of office. +(f) (1) If an act of Congress establishes a program of scholarships or grants for undergraduate students and permits administration of the program within a state by a state agency, the Student Aid Commission, as established by Section 69510, shall administer the act within the state if the Governor and the Student Aid Commission, by a majority vote of its entire membership, determine that the participation by the state in the federal scholarship or grant program under the act would not interfere with or jeopardize the continuation of the scholarship program established under Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3. +(2) The commission shall constitute the state commission on federal scholarships or grants and is hereby empowered to formulate a plan for development and administration of any federal scholarship or grant program within the state. +(3) Subject to the provisions of this chapter, the commission is hereby vested with all necessary power and authority to cooperate with the government of the United States, or any agency or agencies thereof, in the administration of any act of Congress establishing a scholarship or grant program and the rules and regulations adopted thereunder. +(4) Before adopting a state plan, the commission, acting as the state commission on federal scholarships or grants, shall hold public hearings as provided in the California Administrative Procedure Act. +SEC. 3. +Section 69511.5 of the Education Code is amended to read: +69511.5. +(a) Notwithstanding Section 69511, the Governor shall appoint each student member of the Student Aid Commission pursuant to subdivision (d) of Section 69510 from the persons nominated in accordance with the provisions of subdivision (b). +(b) For each student member of the commission, the appropriate student organization may submit a list of nominees. The list shall specify not less than three and not more than five nominees. The appropriate student organization for each segment shall be a composite group of at least five representative student government associations, as determined by the commission. +(c) Participating student organizations designated in subdivision (b) shall inform students within their respective segment of pending student vacancies on the commission. +(d) The person appointed as a student member of the commission pursuant to this section shall be subject to confirmation by the Senate as required in subdivision (c) of Section 69511. +SEC. 4. +Section 2.5 of this bill incorporates amendments to Section 69511 of the Education Code proposed by both this bill and Assembly Bill 2154. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 69511 of the Education Code, and (3) this bill is enacted after Assembly Bill 2154, in which case Section 2 of this bill shall not become operative.","Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending all segments of postsecondary education. Existing law requires the commission to include 2 members, appointed by the Governor, who are students enrolled in a California postsecondary educational institution. +This bill would instead require the commission to include 4 student members, one from each of the following: the University of California, the California State University, the California Community Colleges, and a California private postsecondary educational institution. The bill would make conforming and nonsubstantive changes. +This bill would incorporate additional changes to Section 69511 of the Education Code proposed by AB 2154 that would become operative if this bill and AB 2154 are both enacted and this bill is enacted last.","An act to amend Sections 69510, 69511, and 69511.5 of the Education Code, relating to student financial aid." +1201,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 22972 of the Business and Professions Code is amended to read: +22972. +(a) Commencing June 30, 2004, a retailer shall have in place and maintain a license to engage in the sale of cigarettes or tobacco products. A retailer that owns or controls more than one retail location shall obtain a separate license for each retail location, but may submit a single application for those licenses. +(b) The retailer shall conspicuously display the license at each retail location in a manner visible to the public. +(c) A license is not assignable or transferable. A person who obtains a license as a retailer who ceases to do business as specified in the license, or who never commenced business, or whose license is suspended or revoked, shall immediately surrender the license to the board. +(d) A license shall be valid for a 12-month period, and shall be renewed annually. A retailer that adds an additional retail location shall renew the license for that location based on a 12-month period beginning in the month the retailer obtained its license for its first retail location. +SEC. 2. +Section 22973 of the Business and Professions Code is amended to read: +22973. +(a) An application for a license shall be filed on or before April 15, 2004, on a form prescribed by the board and shall include the following: +(1) The name, address, and telephone number of the applicant. +(2) The business name, address, and telephone number of each retail location. For applicants who control more than one retail location, an address for receipt of correspondence or notices from the board, such as a headquarters or corporate office of the retailer, shall also be included on the application and listed on the license. Citations issued to licensees shall be forwarded to all addressees on the license. +(3) A statement by the applicant affirming that the applicant has not been convicted of a felony and has not violated and will not violate or cause or permit to be violated any of the provisions of this division or any rule of the board applicable to the applicant or pertaining to the manufacture, sale, or distribution of cigarettes or tobacco products. If the applicant is unable to affirm this statement, the application shall contain a statement by the applicant of the nature of any violation or the reasons that will prevent the applicant from complying with the requirements with respect to the statement. +(4) If any other licenses or permits have been issued by the board or the Department of Alcoholic Beverage Control to the applicant, the license or permit number of those licenses or permits then in effect. +(5) A statement by the applicant that the contents of the application are complete, true, and correct. Any person who signs a statement pursuant to this subdivision that asserts the truth of any material matter that he or she knows to be false is guilty of a misdemeanor punishable by imprisonment of up to one year in the county jail, or a fine of not more than one thousand dollars ($1,000), or both the imprisonment and the fine. +(6) The signature of the applicant. +(7) Any other information the board may require. +(b) The board may investigate to determine the truthfulness and completeness of the information provided in the application. The board may issue a license without further investigation to an applicant for a retail location if the applicant holds a valid license from the Department of Alcoholic Beverage Control for that same location. +(c) The board shall provide electronic means for applicants to download and submit applications. +(d) A fee of two hundred sixty-five dollars ($265) shall be submitted with each application. An applicant that owns or controls more than one retail location shall obtain a separate license for each retail location, but may submit a single application for those licenses with an application license fee of two hundred sixty-five dollars ($265) per location. The fee shall be for the period provided in subdivision (d) of Section 22972 and shall not be prorated. +(e) Beginning on and after January 1, 2017, every retailer shall file an application for renewal of the license prescribed in Section 22972, accompanied with a fee of two hundred sixty-five dollars ($265) per retail location, in the form and manner prescribed by the board. +SEC. 3. +Section 22973.3 of the Business and Professions Code is amended to read: +22973.3. +(a) Notwithstanding any other law, an application for a license for the sale of a tobacco product, as defined in subdivision (d) of Section 22950.5, that is not subject to a tax imposed by the Cigarette and Tobacco Products Tax Law pursuant to Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code shall be filed on a form prescribed by the board and shall include the following: +(1) The name, address, and telephone number of the applicant. +(2) The business name, address, and telephone number of each retail location. For applicants who control more than one retail location, an address for receipt of correspondence or notices from the board, such as a headquarters or corporate office of the retailer, shall also be included on the application and listed on the license. Citations issued to licensees shall be forwarded to all addressees on the license. +(3) A statement by the applicant affirming that the applicant has not been convicted of a felony and has not violated and will not violate or cause or permit to be violated any of the provisions of this division or any rule of the board applicable to the applicant or pertaining to the manufacture, sale, or distribution of cigarettes or tobacco products. If the applicant is unable to affirm this statement, the application shall contain a statement by the applicant of the nature of any violation or the reasons that will prevent the applicant from complying with the requirements with respect to the statement. +(4) If any other licenses or permits have been issued by the board or the Department of Alcoholic Beverage Control to the applicant, the license or permit number of those licenses or permits then in effect. +(5) A statement by the applicant that the contents of the application are complete, true, and correct. Any person who signs a statement pursuant to this subdivision that asserts the truth of any material matter that he or she knows to be false is guilty of a misdemeanor punishable by imprisonment of up to one year in the county jail, or a fine of not more than one thousand dollars ($1,000), or both the imprisonment and the fine. +(6) The signature of the applicant. +(7) Any other information the board may require. +(b) The board may investigate to determine the truthfulness and completeness of the information provided in the application. The board may issue a license without further investigation to an applicant for a retail location if the applicant holds a valid license from the Department of Alcoholic Beverage Control for that same location. +(c) The board shall provide electronic means for applicants to download and submit applications. +(d) A fee of two hundred sixty-five dollars ($265) shall be submitted with each application. An applicant that owns or controls more than one retail location shall obtain a separate license for each retail location, but may submit a single application for those licenses with an application license fee of two hundred sixty-five dollars ($265) per location. The fee shall be for the period provided in subdivision (d) of Section 22972 and shall not be prorated. +(e) Every retailer shall file an application for renewal of its license, accompanied with a fee of two hundred sixty-five dollars ($265) per retail location in the form and manner prescribed by the board. +(f) (1) The board shall report back to the Legislature no later than January 1, 2019, regarding the adequacy of funding for the Cigarette and Tobacco Products Licensing Act of 2003 with regard to tobacco products for which a license is required by this section. The report shall include data and recommendations about whether the annual licensing fee funding levels are set at an appropriate level to maintain an effective enforcement program. +(2) The report required by paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. +(g) (1) This section shall apply to a retailer who sells a tobacco product, as defined in subdivision (d) of Section 22950.5, that is not subject to a tax imposed by the Cigarette and Tobacco Products Tax Law pursuant to Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, and who does not already possess a valid license to sell cigarettes or tobacco products issued pursuant to Section 22972. +(2) A retailer that possesses a valid license to sell cigarettes and tobacco products issued pursuant to Section 22972 may also sell under that license a tobacco product, as defined in subdivision (d) of Section 22950.5, that is not subject to a tax imposed by the Cigarette and Tobacco Products Tax Law pursuant to Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code. +(h) This section shall become operative January 1, 2017. +SEC. 4. +Section 22977.1 of the Business and Professions Code is amended to read: +22977.1. +(a) Every distributor and every wholesaler shall file an application, as prescribed in Section 22977, on or before April 15, 2004. Each application shall be accompanied by a fee of one thousand dollars ($1,000) for each location. The fee shall be for a calendar year and may not be prorated. Subject to meeting the requirements of this section and Section 22977.2, the board shall issue a license. +(b) Every distributor and every wholesaler who commences business after the last day of May 2004, or who commences selling or distributing cigarettes or tobacco products at a new or different place of business in this state after the last day of May 2004, shall file with the board an application as prescribed in Section 22977 at least 30 days prior to commencing such business or commencing such sales or distributions; and all distributors and all wholesalers that fail to timely file an application for a license under subdivision (a) shall file with the board an application as prescribed in Section 22977. Each application shall be accompanied by a fee of one thousand two hundred dollars ($1,200) for each location. The fee shall be for a calendar year and may not be prorated. Subject to Section 22977.2, the board, within 30 days after receipt of an application and payment of the proper fee shall issue a license. +(c) For calendar years beginning on and after January 1, 2005, and before January 1, 2017, every distributor and every wholesaler shall file an application for renewal of the license prescribed in Section 22977, accompanied with a fee of one thousand dollars ($1,000) for each location where cigarettes and tobacco products are sold, in the form and manner as prescribed by the board. For calendar years beginning on and after January 1, 2017, the fee accompanying an application for renewal of the license prescribed in Section 22977 shall be one thousand two hundred dollars ($1,200) for each location where cigarettes and tobacco products are sold. +SEC. 5. +Section 22990.5 is added to the Business and Professions Code, to read: +22990.5. +Notwithstanding Sections 30124 and 30131.3 of the Revenue and Taxation Code or any other law, on or after July 1, 2019, no revenues derived from the taxes imposed upon the distribution of cigarettes and tobacco products by Article 1 (commencing with Section 30101), Article 2 (commencing with Sections 30121), and Article 3 (commencing with Section 30131) of Chapter 2 of Part 13 of Division 2 of the Revenue and Taxation Code shall be appropriated to the board for the purpose of implementing, enforcing, or administering the California Cigarette and Tobacco Products Licensing Act of 2003. +SEC. 6. +Section 22990.7 is added to the Business and Professions Code, to read: +22990.7. +(a) The board shall report to the Legislature, Governor, and Department of Finance on or before January 1, 2019, and on and before January 1 annually thereafter, regarding the adequacy of funding for the Cigarette and Tobacco Products Licensing Act of 2003. The report shall include data and recommendations about whether the annual licensing fee funding levels are set at an appropriate level to maintain an effective enforcement program. +(b) The report to the Legislature required by subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.","The Cigarette and Tobacco Products Licensing Act of 2003 requires the State Board of Equalization to administer a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products, and imposes various licensing fees. That act requires a retailer to have a license to engage in the sale of cigarette and tobacco products, and requires a separate license for each retail location. Existing law imposes a fee for each license and provides that the license is valid for a 12-month period. On and after January 1, 2017, existing law requires a license to be renewed annually and imposes a renewal fee. +This bill would require a retailer that adds an additional retail location to renew the license for that location based on a 12-month period beginning in the month the retailer obtained its license for its first retail location. This bill would prohibit any license fee or renewal fee from being prorated. +The Cigarette and Tobacco Products Licensing Act of 2003 requires the moneys collected pursuant to the act to be deposited in the Cigarette and Tobacco Products Compliance Fund, which are available for expenditure, upon appropriation by the Legislature, solely for the purpose of implementing, enforcing, and administering the licensing program under the act. The act requires the board to report to the Legislature no later than January 1, 2019, regarding the adequacy of funding for the licensing program . +This bill would instead require the board to report to the Legislature, Governor, and Department of Finance on or before January 1, 2019, and on and before January 1 annually thereafter. +The Cigarette and Tobacco Products Tax Law imposes a tax on distributors of cigarettes and tobacco products, and authorizes the reimbursement of the State Board of Equalization for expenses incurred in the administration and collection of the tax. +This bill would prohibit, on or after July 1, 2019, the appropriation of revenues derived from the taxes imposed upon the distribution of cigarettes and tobacco products to the board for the purpose of implementing, enforcing, or administering the California Cigarette and Tobacco Products Licensing Act of 2003.","An act to amend Sections 22972, 22973, 22973.3, and 22977.1 of, and to add Sections 22990.5 and 22990.7 to, the Business and Professions Code, relating to cigarette and tobacco product licensing." +1202,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 896 of the Civil Code is amended to read: +896. +In +any +an +action seeking recovery of damages arising out of, or related to deficiencies in, the residential construction, design, specifications, surveying, planning, supervision, testing, or observation of construction, a builder, and to the extent set forth in Chapter 4 (commencing with Section 910), a general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, shall, except as specifically set forth in this title, be liable for, and the claimant’s claims or causes of action shall be limited to violation of, the following standards, except as specifically set forth in this title. This title applies to original construction intended to be sold as an individual dwelling unit. As to condominium conversions, this title does not apply to or does not supersede any other statutory or common law. +(a) With respect to water issues: +(1) A door shall not allow unintended water to pass beyond, around, or through the door or its designed or actual moisture barriers, if any. +(2) Windows, patio doors, deck doors, and their systems shall not allow water to pass beyond, around, or through the window, patio door, or deck door or its designed or actual moisture barriers, including, without limitation, internal barriers within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any. +(3) Windows, patio doors, deck doors, and their systems shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any. +(4) Roofs, roofing systems, chimney caps, and ventilation components shall not allow water to enter the structure or to pass beyond, around, or through the designed or actual moisture barriers, including, without limitation, internal barriers located within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, and sheathing, if any. +(5) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow water to pass into the adjacent structure. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any. +(6) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow unintended water to pass within the systems themselves and cause damage to the systems. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any. +(7) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to cause damage to another building component. +(8) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to limit the installation of the type of flooring materials typically used for the particular application. +(9) Hardscape, including paths and patios, irrigation systems, landscaping systems, and drainage systems, that are installed as part of the original construction, shall not be installed in such a way as to cause water or soil erosion to enter into or come in contact with the structure so as to cause damage to another building component. +(10) Stucco, exterior siding, exterior walls, including, without limitation, exterior framing, and other exterior wall finishes and fixtures and the systems of those components and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall be installed in such a way so as not to allow unintended water to pass into the structure or to pass beyond, around, or through the designed or actual moisture barriers of the system, including any internal barriers located within the system itself. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any. +(11) Stucco, exterior siding, and exterior walls shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any. +(12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through its designed or actual moisture barriers including, without limitation, any internal barriers, so as to cause damage. This standard does not apply to those portions of any wall or drainage system that are designed to have water flow beyond, around, or through them. +(13) Retaining walls and site walls, and their associated drainage systems, shall only allow water to flow beyond, around, or through the areas designated by design. +(14) The lines and components of the plumbing system, sewer system, and utility systems shall not leak. +(15) Plumbing lines, sewer lines, and utility lines shall not corrode so as to impede the useful life of the systems. +(16) Sewer systems shall be installed in such a way as to allow the designated amount of sewage to flow through the system. +(17) Showers, baths, and related waterproofing systems shall not leak water into the interior of walls, flooring systems, or the interior of other components. +(18) The waterproofing system behind or under ceramic tile and tile countertops shall not allow water into the interior of walls, flooring systems, or other components so as to cause damage. Ceramic tile systems shall be designed and installed so as to deflect intended water to the waterproofing system. +(b) With respect to structural issues: +(1) Foundations, load bearing components, and slabs, shall not contain significant cracks or significant vertical displacement. +(2) Foundations, load bearing components, and slabs shall not cause the structure, in whole or in part, to be structurally unsafe. +(3) Foundations, load bearing components, and slabs, and underlying soils shall be constructed so as to materially comply with the design criteria set by applicable government building codes, regulations, and ordinances for chemical deterioration or corrosion resistance in effect at the time of original construction. +(4) A structure shall be constructed so as to materially comply with the design criteria for earthquake and wind load resistance, as set forth in the applicable government building codes, regulations, and ordinances in effect at the time of original construction. +(c) With respect to soil issues: +(1) Soils and engineered retaining walls shall not cause, in whole or in part, damage to the structure built upon the soil or engineered retaining wall. +(2) Soils and engineered retaining walls shall not cause, in whole or in part, the structure to be structurally unsafe. +(3) Soils shall not cause, in whole or in part, the land upon which no structure is built to become unusable for the purpose represented at the time of original sale by the builder or for the purpose for which that land is commonly used. +(d) With respect to fire protection issues: +(1) A structure shall be constructed so as to materially comply with the design criteria of the applicable government building codes, regulations, and ordinances for fire protection of the occupants in effect at the time of the original construction. +(2) Fireplaces, chimneys, chimney structures, and chimney termination caps shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire outside the fireplace enclosure or chimney. +(3) Electrical and mechanical systems shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire. +(e) With respect to plumbing and sewer issues: +Plumbing and sewer systems shall be installed to operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action may be brought for a violation of this subdivision more than four years after close of escrow. +(f) With respect to electrical system issues: +Electrical systems shall operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action shall be brought pursuant to this subdivision more than four years from close of escrow. +(g) With respect to issues regarding other areas of construction: +(1) Exterior pathways, driveways, hardscape, sidewalls, sidewalks, and patios installed by the original builder shall not contain cracks that display significant vertical displacement or that are excessive. However, no action shall be brought upon a violation of this paragraph more than four years from close of escrow. +(2) Stucco, exterior siding, and other exterior wall finishes and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall not contain significant cracks or separations. +(3) (A) To the extent not otherwise covered by these standards, manufactured products, including, but not limited to, windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, HVAC units, countertops, cabinets, paint, and appliances shall be installed so as not to interfere with the products’ useful life, if any. +(B) For purposes of this paragraph, “useful life” means a representation of how long a product is warranted or represented, through its limited warranty or any written representations, to last by its manufacturer, including recommended or required maintenance. If there is no representation by a manufacturer, a builder shall install manufactured products so as not to interfere with the product’s utility. +(C) For purposes of this paragraph, “manufactured product” means a product that is completely manufactured offsite. +(D) If no useful life representation is made, or if the representation is less than one year, the period shall be no less than one year. If a manufactured product is damaged as a result of a violation of these standards, damage to the product is a recoverable element of damages. This subparagraph does not limit recovery if there has been damage to another building component caused by a manufactured product during the manufactured product’s useful life. +(E) This title does not apply in any action seeking recovery solely for a defect in a manufactured product located within or adjacent to a structure. +(4) Heating shall be installed so as to be capable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet above the floor in any living space if the heating was installed pursuant to a building permit application submitted prior to January 1, 2008, or capable of maintaining a room temperature of 68 degrees Fahrenheit at a point three feet above the floor and two feet from exterior walls in all habitable rooms at the design temperature if the heating was installed pursuant to a building permit application submitted on or before January 1, 2008. +(5) Living space air-conditioning, if any, shall be provided in a manner consistent with the size and efficiency design criteria specified in Title 24 of the California Code of Regulations or its successor. +(6) Attached structures shall be constructed to comply with interunit noise transmission standards set by the applicable government building codes, ordinances, or regulations in effect at the time of the original construction. If there is no applicable code, ordinance, or regulation, this paragraph does not apply. However, no action shall be brought pursuant to this paragraph more than one year from the original occupancy of the adjacent unit. +(7) Irrigation systems and drainage shall operate properly so as not to damage landscaping or other external improvements. However, no action shall be brought pursuant to this paragraph more than one year from close of escrow. +(8) Untreated wood posts shall not be installed in contact with soil so as to cause unreasonable decay to the wood based upon the finish grade at the time of original construction. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. +(9) Untreated steel fences and adjacent components shall be installed so as to prevent unreasonable corrosion. However, no action shall be brought pursuant to this paragraph more than four years from close of escrow. +(10) Paint and stains shall be applied in such a manner so as not to cause deterioration of the building surfaces for the length of time specified by the paint or stain manufacturers’ representations, if any. However, no action shall be brought pursuant to this paragraph more than five years from close of escrow. +(11) Roofing materials shall be installed so as to avoid materials falling from the roof. +(12) The landscaping systems shall be installed in such a manner so as to survive for not less than one year. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. +(13) Ceramic tile and tile backing shall be installed in such a manner that the tile does not detach. +(14) Dryer ducts shall be installed and terminated pursuant to manufacturer installation requirements. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. +(15) Structures shall be constructed in such a manner so as not to impair the occupants’ safety because they contain public health hazards as determined by a duly authorized public health official, health agency, or governmental entity having jurisdiction. This paragraph does not limit recovery for any damages caused by a violation of any other paragraph of this section on the grounds that the damages do not constitute a health hazard.","Existing law prescribes definitions and requirements for certain civil actions relating to construction defect litigation and limits claims to violations of specified standards. +This bill would make a nonsubstantive change to these provisions.","An act to amend Section 896 of the Civil Code, relating to construction defect litigation." +1203,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) There are approximately 1.4 million English learners in California public schools, representing 22 percent of the state’s enrollment. Some of these English learners are also pupils who qualify for special education services. +(b) There are approximately 734,000 pupils with disabilities in California public schools, representing 12 percent of the state’s enrollment. Some of these pupils with disabilities are also English learners. +(c) The accurate identification of English learners who qualify for special education services, the classification of pupils with disabilities as English learners, and the determination of appropriate services for these pupils is in the interest of pupils, families, educators, local educational agencies, and the state. +(d) The identification, assessment, support, reclassification, and special education exit of these pupils involve complex and interrelated processes, and educators would benefit from state guidance on how best to identify these pupils. +(e) Educators would also benefit from state guidance about how to support the learning needs of these pupils. +(f) Other states have provided their educators with such guidance through manuals on the topic of English learners and special education. The federal government recommends that states develop guidance for educators on this topic. +(g) California, which enrolls one in every three English learners in the country, and 35 percent of all English learners who receive special education services in the United States, should provide such guidance for its educators in the form of a manual and professional development on identifying, assessing, supporting, and reclassifying these pupils. +SEC. 2. +Section 56305 is added to the Education Code, to read: +56305. +(a) On or before July 1, 2018, the department shall develop a manual providing guidance to local educational agencies on identifying, assessing, supporting, and reclassifying English learners who may qualify for special education services and pupils with disabilities who may be classified as English learners. +(b) The goal of the manual shall be to provide guidance, for voluntary use by local educational agencies, charter schools, and the state special schools, on evidence-based and promising practices for the identification, assessment, support, and reclassification of these pupils and to promote a collaborative approach among general education teachers, special education teachers, school administrators, paraprofessionals, other involved personnel, and parents in determining the most appropriate academic placements and services for these pupils. +(c) In developing the manual, the department shall do both of the following: +(1) Review manuals and other resources produced on this topic by local educational agencies, special education administrators, other organizations, other states, and the federal government. +(2) Establish and consult with a stakeholder group comprised of experts and practitioners. These individuals shall have expertise or experience in either special education, English learner education, or in both. +(d) The manual shall include all of the following topics: +(1) Guidance for accurately identifying English learners who may have disabilities and accurately classifying pupils with disabilities as English learners, including guidance on avoiding overidentification and underidentification of these pupils for special education services and in different disability categories and in different grade spans. +(2) Information on second language acquisition and progress, including guidance on distinguishing between language acquisition and disabilities. +(3) Examples of prereferral strategies, early interventions, and early intervening strategies specifically addressing the needs of English learners, including examples of early interventions for pupils in preschool and the primary grades who are acquiring foundational language and literacy skills. +(4) Guidance on referral processes. +(5) Guidance on the use of assessments, including the use of multiple measures as well as assessment accommodations for both language and disability, including assessment accommodations in primary languages. +(6) Guidance on the consideration of extrinsic factors, such as vision, hearing, and health, in the identification of pupils. +(7) Guidance on the development of individualized education programs for English learners, including the composition of individualized education program teams. +(8) Guidance on how to support the language and content learning needs of English learners who may have disabilities, including how to do so in the least restrictive environment, as described in Section 56040.1, and in a manner that enables access to the core curriculum. +(9) Guidance regarding placement or continued placement in bilingual programs and on providing services and instruction in primary languages. +(10) Guidance on special education exit and English learner reclassification processes for English learners with disabilities. +(11) Information on the role of culture and acculturation, to the extent it is related to the process of identifying English learners for special education services. +(12) Guidance for working with families, including guidance on meeting the needs of nonnative English speaking parents, guardians, and educational rights holders in special education proceedings. +(13) Examples of any plans or processes used by local educational agencies for continuous evaluation and systemic review and guidance on sharing information between special education and English learner programs within local educational agencies for the purpose of tracking effectiveness, to the extent permitted under state and federal law regarding the privacy of pupil information. +(14) State and federal law, regulations, and guidance related to the rights of English learners and pupils with disabilities. +(e) All guidance in the manual shall be consistent with state and federal law, regulations, and guidance regarding English learners and special education. +(f) The manual shall be written for ease of use by educators. The department is encouraged to incorporate features such as flowcharts, checklists, sample forms, and case examples. +(g) The department shall post the manual on its Internet Web site and on its professional development Internet Web site. +(h) For purposes of this section, the following terms have the following meanings: +(1) “English learners” includes pupils who have been classified as English learners and those who may later be classified as English learners. +(2) “Pupils with disabilities” includes pupils who have been or may later be identified as individuals with exceptional needs, as defined in Section 56026, including pupils who have been or may later be identified as having a low incidence disability, as defined in Section 56026.5, or a severe disability, as defined in Section 56030.5, and also includes pupils with disabilities who may be later classified as English learners. +(i) (1) (A) In implementing this section, the department, with input from the stakeholder group, shall develop a plan for the dissemination of the manual and the means of providing professional development on the content of the manual. The plan shall address how the state and local educational agencies can collaborate in meeting both of these objectives in a cost-effective manner. +(B) Implementation of the plan developed pursuant to subparagraph (A) shall be contingent upon an appropriation for that purpose in the annual Budget Act or another enacted statute. +(2) The plan shall be submitted to the state board, the Department of Finance, the Legislative Analyst’s Office, the California Collaborative for Educational Excellence, the Advisory Commission on Special Education, and the appropriate policy and fiscal committees of the Legislature on or before July 1, 2018. +(j) It is the intent of the Legislature that this section be funded with federal funds, to the extent permissible.","Existing law requires local educational agencies to actively and systematically seek out all individuals with exceptional needs, from birth to 21 years of age, inclusive, including children not enrolled in public school programs, who reside in a school district or are under the jurisdiction of a special education local plan area or a county office of education. +This bill would require the State Department of Education, on or before July 1, 2018, to develop a manual providing guidance to local educational agencies on identifying, assessing, supporting, and reclassifying English learners who may qualify for special education services and pupils with disabilities who may be classified as English learners, as specified, with the goal of providing guidance, for voluntary use by local educational agencies, charter schools, and the state special schools on evidence-based and promising practices for the identification, assessment, support, and reclassification of those pupils and to promote a collaborative approach among general education teachers, special education teachers, school administrators, paraprofessionals, other involved personnel, and parents in determining the most appropriate academic placements and services for these pupils. The bill would require the department to post the manual on its Internet Web site and on its professional development Internet Web site. In developing the manual, the bill would require the department to review manuals and other resources produced on this topic by local educational agencies, special education administrators, other organizations, other states, and the federal government, and to establish and consult with a stakeholder group comprised of specified experts and practitioners. As part of implementing these provisions, the bill would require the department, with input from the stakeholder group, to develop a plan for the dissemination of the manual and the means of providing professional development on the content of the manual, as specified, but would condition the actual implementation of the plan on an appropriation for that purpose in the annual Budget Act or another enacted statute. The bill would require the department to submit the plan to the State Board of Education, the Department of Finance, the Legislative Analyst’s Office, the California Collaborative for Educational Excellence, the Advisory Commission on Special Education, and the appropriate policy and fiscal committees of the Legislature on or before July 1, 2018. The bill would state the intent of the Legislature that its provisions be funded with federal funds, to the extent permissible.","An act to add Section 56305 to the Education Code, relating to special education." +1204,"The people of the State of California do enact as follows: + + +SECTION 1. +This act shall be known, and may be cited, as the Transparent Review of Unjust Transfers and Holds (TRUTH) Act. +SEC. 2. +(a) Transparency and accountability are essential minimum requirements for any collaboration between state and federal agencies. +(b) Recent immigration enforcement programs sponsored by the United States Immigration and Customs Enforcement (ICE) agency have suffered from a lack of transparency and accountability. +(c) For example, a federal judge found that ICE “went out of [its] way to mislead the public about Secure Communities,” a deportation program in which ICE collaborated with local law enforcement agencies to identify people for deportation. +(d) The Legislature further found that Secure Communities harmed community policing and shifted the burden of federal immigration enforcement onto local law enforcement agencies. +(e) Although ICE has terminated the Secure Communities program, it continues to promote a number of similar programs, including the Priority Enforcement Program, the 287(g) Program, and the Criminal Alien Program. +(f) The Priority Enforcement Program has many similarities to Secure Communities, including the checking of fingerprints for immigration purposes at the point of arrest; the continued use of immigration detainers, which have been found by the courts to pose constitutional concerns; and the reliance on local law enforcement to assist in immigration enforcement. +(g) Just as with Secure Communities, numerous questions have been raised about whether ICE has been transparent and accountable with respect to its current deportation programs. +(h) This bill seeks to address the lack of transparency and accountability by ensuring that all ICE deportation programs that depend on entanglement with local law enforcement agencies in California are subject to meaningful public oversight. +(i) This bill also seeks to promote public safety and preserve limited local resources because entanglement between local law enforcement and ICE undermines community policing strategies and drains local resources. +SEC. 3. +Chapter 17.2 (commencing with Section 7283) is added to Division 7 of Title 1 of the Government Code, to read: +CHAPTER 17.2. Standards for Participation in United States Immigration and Customs Enforcement Programs +7283. +For purposes of this chapter, the following terms have the following meanings: +(a) “Community forum” includes, but is not limited to, any regular meeting of the local governing body that is open to the public, where the public may provide comment, is in an accessible location, and is noticed at least 30 days in advance. +(b) “Hold request” means a federal Immigration and Customs Enforcement (ICE) request that a local law enforcement agency maintain custody of an individual currently in its custody beyond the time he or she would otherwise be eligible for release in order to facilitate transfer to ICE and includes, but is not limited to, Department of Homeland Security (DHS) Form I-247D. +(c) “Governing body” with respect to a county, means the county board of supervisors. +(d) “ICE access” means, for the purposes of civil immigration enforcement, including when an individual is stopped with or without their consent, arrested, detained, or otherwise under the control of the local law enforcement agency, all of the following: +(1) Responding to an ICE hold, notification, or transfer request. +(2) Providing notification to ICE in advance of the public that an individual is being or will be released at a certain date and time through data sharing or otherwise. +(3) Providing ICE non-publicly available information regarding release dates, home addresses, or work addresses, whether through computer databases, jail logs, or otherwise. +(4) Allowing ICE to interview an individual. +(5) Providing ICE information regarding dates and times of probation or parole check-ins. +(e) “Local law enforcement agency” means any agency of a city, county, city and county, special district, or other political subdivision of the state that is authorized to enforce criminal statutes, regulations, or local ordinances; or to operate jails or to maintain custody of individuals in jails; or to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities; or to monitor compliance with probation or parole conditions. +(f) “Notification request” means an Immigration and Customs Enforcement request that a local law enforcement agency inform ICE of the release date and time in advance of the public of an individual in its custody and includes, but is not limited to, DHS Form I-247N. +(g) “Transfer request” means an Immigration and Customs Enforcement request that a local law enforcement agency facilitate the transfer of an individual in its custody to ICE, and includes, but is not limited to, DHS Form I-247X. +7283.1. +(a) In advance of any interview between ICE and an individual in local law enforcement custody regarding civil immigration violations, the local law enforcement entity shall provide the individual with a written consent form that explains the purpose of the interview, that the interview is voluntary, and that he or she may decline to be interviewed or may choose to be interviewed only with his or her attorney present. The written consent form shall be available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. The written consent form shall also be available in any additional languages that meet the county threshold as defined in subdivision (d) of Section 128552 of the Health and Safety Code if certified translations in those languages are made available to the local law enforcement agency at no cost. +(b) Upon receiving any ICE hold, notification, or transfer request, the local law enforcement agency shall provide a copy of the request to the individual and inform him or her whether the law enforcement agency intends to comply with the request. If a local law enforcement agency provides ICE with notification that an individual is being, or will be, released on a certain date, the local law enforcement agency shall promptly provide the same notification in writing to the individual and to his or her attorney or to one additional person who the individual shall be permitted to designate. +(c) All records relating to ICE access provided by local law enforcement agencies, including all communication with ICE, shall be public records for purposes of the California Public Records Act (Chapter 3.5 (commencing with Section 6250)), including the exemptions provided by that act and, as permitted under that act, personal identifying information may be redacted prior to public disclosure. Records relating to ICE access include, but are not limited to, data maintained by the local law enforcement agency regarding the number and demographic characteristics of individuals to whom the agency has provided ICE access, the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification request or through other means. +(d) Beginning January 1, 2018, the local governing body of any county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual during the last year shall hold at least one community forum during the following year, that is open to the public, in an accessible location, and with at least 30 days’ notice to provide information to the public about ICE’s access to individuals and to receive and consider public comment. As part of this forum, the local law enforcement agency may provide the governing body with data it maintains regarding the number and demographic characteristics of individuals to whom the agency has provided ICE access, the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification request or through other means. Data may be provided in the form of statistics or, if statistics are not maintained, individual records, provided that personally identifiable information shall be redacted. +7283.2. +Nothing in this chapter shall be construed to provide, expand, or ratify the legal authority of any state or local law enforcement agency to detain an individual based upon an ICE hold request. +SEC. 4. +The Legislature finds and declares that Section 3 of this act, which adds Chapter 17.2 (commencing with Section 7283) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: +By requiring public meetings relating to the manner in which local law enforcement entities cooperate with federal authorities in enforcing federal immigration laws and making related documents open to public inspection, this act furthers the purposes of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","Existing federal law authorizes issuance of an immigration detainer that serves to advise another law enforcement agency that the federal department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien. Existing federal law provides that the detainer is a request that the agency advise the department, prior to release of the alien, in order for the department to arrange to assume custody in situations when gaining immediate physical custody is either impracticable or impossible. +Existing law, commonly known as the TRUST Act, prohibits a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless, at the time that the individual becomes eligible for release from custody, certain conditions are met, including, among other things, that the individual has been convicted of specified crimes. Existing law defines specified terms for purposes of these provisions. +This bill, the Transparent Review of Unjust Transfers and Holds (TRUTH) Act, would require a local law enforcement agency, prior to an interview between the United States Immigration and Customs Enforcement (ICE) and an individual in custody regarding civil immigration violations, to provide the individual a written consent form, as specified, that would explain, among other things, the purpose of the interview, that it is voluntary, and that the individual may decline to be interviewed. The bill would require the consent form to be available in specified languages. The bill would require a local law enforcement agency to provide copies of specified documentation received from ICE to the individual and to notify the individual regarding the intent of the agency to comply with ICE requests. The bill would require that the records related to ICE access be public records for purposes of the California Public Records Act. The bill, commencing January 1, 2018, would require the local governing body of any county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual during the last year, to hold at least one public community forum during the following year, as specified, to provide information to the public about ICE’s access to individuals and to receive and consider public comment. By requiring these local agencies to comply with these requirements, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. +The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. +This bill would make legislative findings to that effect.","An act to add Chapter 17.2 (commencing with Section 7283) to Division 7 of Title 1 of the Government Code, relating to local government." +1205,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2891.1 of the Public Utilities Code is amended to read: +2891.1. +(a) Notwithstanding Section 2891, a telephone corporation selling or licensing lists of residential subscribers shall not include the telephone number of +any +a +subscriber assigned an unlisted or unpublished access number. A subscriber may waive all or part of the protection provided by this subdivision through written notice to the telephone corporation. +(b) Notwithstanding Section 2891, a provider of mobile telephony services, or any direct or indirect affiliate or agent of a provider, providing the name and dialing number of a subscriber for inclusion in any directory of any form, or selling the contents of any directory database, or any portion or segment +thereof, +of a directory database, +shall not include the dialing number of +any +a +subscriber without first obtaining the express consent of that subscriber. The express consent shall meet all of the following requirements: +(1) It shall be one of the following: +(A) A separate document that is signed and dated by the subscriber, and that is not attached to any other document. +(B) An affirmative response made on a separate field on an Internet Web site where there is no default. The provider of mobile telephony services shall send a confirmation notice to the subscriber’s electronic mail address, or to a subscriber’s postal mail address if the subscriber does not have an electronic mail account. +(2) It shall be unambiguous, legible, and conspicuously disclose that, by opting in, the subscriber is consenting to have the subscriber’s dialing number sold or licensed as part of a list of subscribers and the subscriber’s dialing number may be included in a publicly available directory. +(3) If, under the subscriber’s calling plan, the subscriber may be billed for receiving unsolicited calls or text messaging from a telemarketer, the provider’s form shall include an unambiguous and legible disclosure statement that, by consenting to have the subscriber’s dialing number sold or licensed as part of a list of subscribers or included in a publicly available directory, the subscriber may incur additional charges for receiving unsolicited calls or text messages. +(c) +Nothing in this section prohibits +This section does not prohibit +a subscriber of mobile telephony services from voluntarily entering into an agreement for the placement of his or her name and mobile telephony dialing number in any advertising program if the agreement satisfies the express consent requirements of this section. +(d) A subscriber who provides express prior consent pursuant to subdivision (b) may revoke that consent at any time. A provider of mobile telephony services shall comply with the subscriber’s request to opt out within a reasonable period of time, not to exceed 60 days. +(e) A subscriber shall not be charged for making the choice to not have +their +his or her +name and mobile telephony dialing number +be +or his or her name and residential telephone number +listed in a +directory or +publicly available directory assistance database. +(f) This section does not apply to the provision of telephone numbers to the following parties for the purposes indicated: +(1) To a collection agency, to the extent disclosures made by the agency are supervised by the commission, exclusively for the collection of unpaid debts. +(2) (A) To +any +a +law enforcement agency, fire protection agency, public health agency, public environmental health agency, city or county emergency services planning agency, or private for-profit agency operating under contract with, and at the direction of, one or more of these agencies, for the exclusive purpose of responding to a 911 call or communicating an imminent threat to life or property. +(B) Any information or records provided to a private for-profit agency pursuant to this subdivision shall be held in confidence by that agency and by +any +an +individual employed by or associated with that agency. This information or these records shall not be open to examination for any purpose not directly connected with the administration of the services specified in subdivision (e) of Section 2872 or this paragraph. +(3) To a lawful process issued under state or federal law. +(4) To a telephone corporation providing service between service areas for the provision to the subscriber of telephone service between service areas, or to third parties for the limited purpose of providing billing services. +(5) To a telephone corporation to effectuate a customer’s request to transfer the customer’s assigned telephone number from the customer’s existing provider of telecommunications services to a new provider of telecommunications services. +(6) To the commission pursuant to its jurisdiction and control over telephone and telegraph corporations. +(g) Every deliberate violation of this section is grounds for a civil suit by the aggrieved subscriber against the organization or corporation and its employees responsible for the violation. +(h) For purposes of this section, “unpublished or unlisted access number” means a telephone, telex, teletex, facsimile, computer modem, or any other code number that is assigned to a subscriber by a telephone or telegraph corporation for the receipt of communications initiated by other telephone or telegraph customers and that the subscriber has requested that the telephone or telegraph corporation keep in confidence. +(i) +No telephone corporation, nor any official or employee thereof, shall +A telephone corporation, or an official or employee of a telephone corporation, shall not +be subject to criminal or civil liability for the release of customer information as authorized by this section. +SECTION 1. +Section 707 of the +Public Utilities Code +is amended to read: +707. +(a)Not later than March 1, 2012, the commission shall institute a rulemaking proceeding for the purpose of considering and adopting a code of conduct, associated rules, and enforcement procedures, to govern the conduct of the electrical corporations relative to the consideration, formation, and implementation of community choice aggregation programs authorized in Section 366.2. The code of conduct, associated rules, and enforcement procedures, shall do all of the following: +(1)Ensure that an electrical corporation does not market against a community choice aggregation program, except through an independent marketing division that is funded exclusively by the electrical corporation’s shareholders and that is functionally and physically separate from the electrical corporation’s ratepayer-funded divisions. +(2)Limit the electrical corporation’s independent marketing division’s use of support services from the electrical corporation’s ratepayer-funded divisions, and ensure that the electrical corporation’s independent marketing division is allocated costs of any permissible support services from the electrical corporation’s ratepayer-funded divisions on a fully allocated embedded cost basis, providing detailed public reports of such use. +(3)Ensure that the electrical corporation’s independent marketing division does not have access to competitively sensitive information. +(4)(A)Incorporate rules that the commission finds to be necessary or convenient in order to facilitate the development of community choice aggregation programs, to foster fair competition, and to protect against cross-subsidization paid by ratepayers. +(B)It is the intent of the Legislature that the rules include, in whole or in part, the rules approved by the commission in Decision 97-12-088 and Decision 08-06-016. +(C)This paragraph does not limit the authority of the commission to adopt rules that it determines are necessary or convenient in addition to those adopted in Decision 97-12-088 and Decision 08-06-016 or to modify any rule adopted in those decisions. +(5)Provide for any other matter that the commission determines to be necessary or advisable to protect a ratepayer’s right to be free from forced speech or to implement that portion of the federal Public Utility Regulatory Policies Act of 1978 that establishes the federal standard that no electric utility may recover from any person other than the shareholders or other owners of the utility, any direct or indirect expenditure by the electric utility for promotional or political advertising (16 U.S.C. Sec. 2623(b)(5)). +(b)No later than January 1, 2013, the commission shall ensure that the code of conduct, associated rules, and enforcement procedures are implemented. +(c)This section does not limit the authority of the commission to require that any marketing against a community choice aggregation plan shall be conducted by an affiliate of the electrical corporation, or to require that marketing against a community choice aggregator not be conducted by a marketing division of the electrical corporation, subject to affiliate transaction rules to be developed by the commission.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law prohibits a telephone corporation selling or licensing lists of residential subscribers from including the telephone number of any subscriber assigned an unpublished or unlisted access number, as defined, without his or her written waiver of this protection. Existing law prohibits a provider of mobile telephony services, as defined, or any affiliate or agent of the provider, providing the name and dialing number of a subscriber for inclusion in a directory or directory database, from including the dialing number of any subscriber without first obtaining the express consent of that subscriber. Existing law prohibits a subscriber from being charged for making the choice to not have his or her name and mobile telephony dialing number listed in a publicly available directory assistance database. +This bill would prohibit a subscriber from being charged for making a choice to not have the above information listed in a directory. The bill would additionally prohibit a subscriber from being charged for making the choice to not have his or her name and residential telephone number listed in a directory or a publicly available directory assistance database. +Existing law requires the Public Utilities Commission to consider and adopt a code of conduct, associated rules, and enforcement procedures to govern the conduct of electrical corporations relative to the consideration, formation, and implementation of a community choice aggregation program. Existing law requires the commission to ensure that the code of conduct, associated rules, and enforcement procedures are implemented by no later than January 1, 2013. +This bill would make a nonsubstantive change to that provision.","An act to amend Section 707 of the Public Utilities Code, relating to electricity. +An act to amend Section 2891.1 of the Public Utilities Code, relating to telephony." +1206,"The people of the State of California do enact as follows: + + +SECTION 1. +Chapter 22.2.5 (commencing with Section 22586) is added to Division 8 of the Business and Professions Code, to read: +CHAPTER 22.2.5. Early Learning Personal Information Protection Act +22586. +(a) For purposes of this section: +(1) “Operator” means the operator of an Internet Web site, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for preschool or prekindergarten purposes and was designed and marketed for preschool and prekindergarten purposes. +(2) “Pupil” means a child enrolled in a preschool or prekindergarten course of instruction. +(b) An operator shall not knowingly engage in any of the following activities with respect to their site, service, or application: +(1) (A) Engage in targeted advertising on the operator’s site, service, or application. +(B) Target advertising on any other site, service, or application when the targeting of the advertising is based upon any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator’s site, service, or application described in subdivision (a). +(2) Use information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application, to amass a profile about a pupil except in furtherance of preschool or prekindergarten purposes. +(3) Sell a pupil’s information, including covered information. This prohibition does not apply to the purchase, merger, or other type of acquisition of an operator by another entity, provided that the operator or successor entity continues to be subject to the provisions of this section with respect to previously acquired pupil information. +(4) Disclose covered information unless the disclosure is made: +(A) In furtherance of the preschool and prekindergarten purposes of the site, service, or application, provided that the recipient of the covered information disclosed pursuant to this subparagraph: +(i) Shall not further disclose the information unless done to allow or improve operability and functionality within that pupil’s classroom, preschool, or prekindergarten. +(ii) Is legally required to comply with subdivision (d); +(B) To ensure legal and regulatory compliance; +(C) To respond to or participate in a judicial process; +(D) To protect the safety of users or others or security of the site; or +(E) To a service provider, provided the operator contractually (i) prohibits the service provider from using any covered information for any purpose other than providing the contracted service to, or on behalf of, the operator, (ii) prohibits the service provider from disclosing any covered information provided by the operator with subsequent third parties, and (iii) requires the service provider to implement and maintain reasonable security procedures and practices as provided in subdivision (d). +(c) Nothing in subdivision (b) shall be construed to prohibit the operator’s use of information for maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application. +(d) An operator shall: +(1) Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and protect that information from unauthorized access, destruction, use, modification, or disclosure. +(2) Delete a pupil’s covered information if the preschool, prekindergarten, or district requests deletion of data under the control of the preschool, prekindergarten, or district. +(e) Notwithstanding paragraph (4) of subdivision (b), an operator may disclose covered information of a pupil, as long as paragraphs (1) to (3), inclusive, of subdivision (b) are not violated, under the following circumstances: +(1) If other provisions of federal or state law require the operator to disclose the information, and the operator complies with the requirements of federal and state law in protecting and disclosing that information. +(2) For legitimate research purposes: (A) as required by state or federal law and subject to the restrictions under applicable state and federal law or (B) as allowed by state or federal law and under the direction of a preschool, prekindergarten, school district, or state department of education, if no covered information is used for any purpose in furtherance of advertising or to amass a profile on the pupil for purposes other than preschool and prekindergarten purposes. +(3) To a state or local educational agency, including preschools, prekindergartens, and school districts, for preschool and prekindergarten purposes, as permitted by state or federal law. +(f) Nothing in this section prohibits an operator from using deidentified pupil covered information as follows: +(1) Within the operator’s site, service, or application or other sites, services, or applications owned by the operator to improve educational products. +(2) To demonstrate the effectiveness of the operator’s products or services, including in their marketing. +(g) Nothing in this section prohibits an operator from sharing aggregated deidentified pupil covered information for the development and improvement of educational sites, services, or applications. +(h) “Online service” includes cloud computing services, which must comply with this section if they otherwise meet the definition of an operator. +(i) “Covered information” means personally identifiable information or materials, in any media or format that meets any of the following: +(1) Is created or provided by a pupil, or the pupil’s parent or legal guardian, to an operator in the course of the pupil’s, parent’s, or legal guardian’s use of the operator’s site, service, or application for preschool and prekindergarten purposes. +(2) Is created or provided by an employee or agent of the preschool, prekindergarten, school district, local educational agency, or county office of education, to an operator. +(3) Is gathered by an operator through the operation of a site, service, or application described in subdivision (a), and is descriptive of a pupil or otherwise identifies a pupil, including, but not limited to, information in the pupil’s educational record or email, first and last name, home address, telephone number, email address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, or geolocation information. +(j) “Preschool or prekindergarten purposes” means purposes that customarily take place at the direction of the preschool, prekindergarten, teacher, or school district, or aid in the administration of preschool or prekindergarten activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between pupils, preschool or prekindergarten personnel, or parents, or are for the use and benefit of the preschool or prekindergarten. +(k) This section shall not be construed to limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction. +(l) This section does not limit the ability of an operator to use a pupil’s data, including covered information, for adaptive learning or customized early learning purposes. +(m) This section does not apply to general audience Internet Web sites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator’s site, service, or application may be used to access those general audience sites, services, or applications. +(n) This section does not limit Internet service providers from providing Internet connectivity to preschools, prekindergartens, or pupils and their families. +(o) This section shall not be construed to prohibit an operator of an Internet Web site, online service, online application, or mobile application from marketing educational products directly to parents so long as the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this section. +(p) This section does not impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance of this section on those applications or software. +(q) This section does not impose a duty upon a provider of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, to review or enforce compliance with this section by third-party content providers. +(r) This section does not impede the ability of pupils to download, export, or otherwise save or maintain their own personally created data or documents. +22587. +This chapter shall become operative on July 1, 2017. +SEC. 2. +The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law, The Student Online Personal Information Protection Act, restricts the use of information about elementary and secondary school students by operators of certain Internet Web sites and online services and applications by, among other things, prohibiting operators from engaging in targeted advertising, amassing student profiles except for K–12 school purposes, or selling or disclosing student information, as specified. Existing law also requires an operator to implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information to protect the information from unauthorized access, use, and disclosure. +Existing law also prohibits an operator of an Internet Web site or online service from knowingly using, disclosing, compiling, or allowing a 3rd party to use, disclose, or compile the personal information of a minor for the purpose of marketing or advertising specified types of products or services. Existing law also makes this prohibition applicable to an advertising service that is notified by an operator of an Internet Web site, online service, online application, or mobile application that the site, service, or application is directed to a minor. +This bill would, commencing on July 1, 2017, prohibit the operator of an Internet Web site, online service, online application, or mobile application that is used primarily for preschool or prekindergarten purposes, as defined, and was designed and marketed for preschool and prekindergarten purposes, to knowingly engage in specified activities with respect to their site, service, or application, including, among other things, engaging in targeted advertising, using specified information to amass a profile about a pupil except in furtherance of preschool or prekindergarten purposes, and selling or disclosing a pupil’s information, as specified. The bill would also require an operator to, among other things, implement and maintain reasonable security procedures and practices appropriate to the information to protect that information from unauthorized access, and to delete a pupil’s information at the request of a preschool, prekindergarten, or district, as specified. The bill would authorize the disclosure of a pupil’s information under specified circumstances. The bill would also provide that its provisions are severable.","An act to add Chapter 22.2.5 (commencing with Section 22586) to Division 8 of the Business and Professions Code, relating to privacy." +1207,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 50035 is added to the Government Code, to read: +50035. +(a) Prior to entering into a contingency fee contract for legal services relating to civil litigation initiated by the legislative body, the legislative body shall make a determination that use of a contingency fee contract would be cost effective and in the public interest. In making this determination, the legislative body shall make written findings in support of using a contingency fee contract. These findings shall include, but are not limited to, the following: +(1) Whether the existing legal and financial resources within the city attorney or county counsel’s office would be sufficient to handle the matter. +(2) The time and labor required, the novelty, complexity, and difficult of the questions involved, and the skill requisite to perform the attorney services properly. +(3) The geographic area where the attorney services are to be provided. +(4) The amount of experience desired for the particular type of attorney services to be provided and the nature of the contract attorney’s experience with similar issues or cases. +(b) After making the determination and findings required by subdivision (a), the legislative body shall draft and prominently post on the city or county’s Internet Web site a written request for proposals to represent the city or county on a contingency fee basis. +(c) Any contingency fee contract shall include the following provisions: +(1) The lead attorney within the office of the city attorney or county counsel who is assigned to the matter, or the legislative body if the city or county does not have one, shall retain complete control over the course and conduct of the case. +(2) An attorney within the office of the city attorney or county counsel who has supervisory authority, or the legislative body if the city or county does not have one, shall be personally involved in the oversight of the litigation. +(3) The lead attorney within the office of the city attorney or county counsel assigned to the matter, or the legislative body if the city or county does not have one, shall retain the authority to reject any decisions made by the contracted attorney. +(4) Any defendant that is the subject of litigation may contact the lead attorney within the city attorney or county counsel’s office directly, or the legislative body if the city or county does not have one, without having to confer with the contracted attorney. +(5) An attorney within the office of the city attorney or county counsel who has supervisory authority, or the legislative body if the city or county does not have one, shall attend all formal or informal settlement conferences. +(6) All decisions regarding settlement of the matter shall be exclusively reserved to the discretion of the lead attorney within the office of the city attorney or county counsel, or the legislative body if the city or county does not have one. +(7) The contracted attorney shall provide the city attorney or county counsel, or the legislative body if the city or county does not have one, a written status report on at least a monthly basis that includes a description of any significant court hearings, conferences, motions, or discovery and sets forth the anticipated legal strategy for the following month. +(d) (1) A copy of any executed contingency fee contract for legal services shall be prominently posted on the city or county’s internet Web site for public inspection within five days after the date the contract is executed and shall remain posted on the Web site for the duration of the matter. +(2) Any payment of a contingency fee pursuant to a contingency fee contract for legal services shall be prominently posted on the city attorney or county counsel’s Internet Web site within 15 days following the payment to the attorney or law firm and shall remain posted on the Internet Web site for at least one year following the issuance of the payment. +(e) The calculation of a contingency fee shall not include any portion of the judgment that is attributable to a fine, civil penalty, or punitive damages. +(f) Any private attorney or firm under contract to provide legal services to a legislative body pursuant to a contingency fee contract shall maintain detailed records of their services including, but not limited to, records of all expenses, disbursements, charges, credits, invoices, and hours billed or worked under the contract by the private attorney or paralegal in increments no greater than +1/10 +of an hour. These records shall be maintained by the legislative body for at least four years from the conclusion of the contract. These records shall be available for inspection under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), subject to any redaction authorized by that act. +(g) This section shall not be construed to expand the authority of any local agency to enter into a contract for legal services where no authority previously existed. +SEC. 2. +The Legislature finds and declares that Section 1 of this act, which adds Section 50035 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: +It is in the public interest for contracts entered into by a city or county for legal services based on a contingency fee to be open and transparent, therefor, this act would further the purposes of Section 3 of Article 1 of the California Constitution.","Existing law authorizes a city to hire a city attorney or a county to hire a county counsel for the representation of the city or county in legal matters. +This bill would require a city council or the board of supervisors of a county to, prior to entering into a contingency fee contract for legal services relating to civil litigation initiated by the city or county, make a determination that use of a contingency fee contract would be cost-effective and in the public interest. The bill would require this determination to be supported by specified findings and would require any contract entered into by the city or county for legal services on a contingency fee basis under these provisions to meet specified requirements and would provide that any contingency fee shall be calculated on the basis of the judgment amount excluding any award for fine, civil penalty, or punitive damages. +The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. +This bill would make legislative findings to that effect.","An act to add Section 50035 to the Government Code, relating to local government." +1208,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17052 of the Revenue and Taxation Code is amended to read: +17052. +(a) (1) For each taxable year beginning on or after January 1, 2015, there shall be allowed against the “net tax,” as defined by Section 17039, an earned income tax credit in an amount equal to an amount determined in accordance with Section 32 of the Internal Revenue Code, relating to earned income, as applicable for federal income tax purposes for the taxable year, except as otherwise provided in this section. +(2) (A) The amount of the credit determined under Section 32 of the Internal Revenue Code, relating to earned income, as modified by this section, shall be multiplied by the earned income tax credit adjustment factor for the taxable year. +(B) Unless otherwise specified in the annual Budget Act, the earned income tax credit adjustment factor for a taxable year beginning on or after January 1, 2015, shall be 0 percent. +(C) The earned income tax credit authorized by this section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the credit. +(b) (1) In lieu of the table prescribed in Section 32(b)(1) of the Internal Revenue Code, relating to percentages, the credit percentage and the phaseout percentage shall be determined as follows: +In the case of an eligible individual with: +The credit percentage is: +The phaseout percentage is: +No qualifying children +7.65% +7.65% +1 qualifying child +34% +34% +2 or more qualifying children +40% +40% +(2) (A) In lieu of the table prescribed in Section 32(b)(2)(A) of the Internal Revenue Code, the earned income amount and the phaseout amount shall be determined as follows: +In the case of an eligible individual with: +The earned income amount is: +The phaseout amount is: +No qualifying children +$3,290 +$3,290 +1 qualifying child +$4,940 +$4,940 +2 or more qualifying children +$6,935 +$6,935 +(B) Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply. +(3) Section 32(b)(3)(A) of the Internal Revenue Code, relating to increased percentage for three or more qualifying children, is modified by substituting “the credit percentage and phaseout percentage is 45 percent” for “the credit percentage is 45 percent.” +(c) (1) Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting “this state” for “the United States.” +(2) Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows: +(A) Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting “plus” and inserting in lieu thereof the following: “and only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance +Code.” +Code, plus +” +(B) +In lieu of +Section 32(c)(2)(A)(ii) of the Internal Revenue +Code shall not apply. +Code, substitute the following: “the amount of the taxpayer’s reportable gross income from self-employment for the taxable year.” For purposes of this section, “reportable gross income from self-employment” means gross income derived by an individual from any trade or business carried on by such individual that is properly reported to the Secretary on an information return for the taxable year and reported on a written statement furnished to that individual as required pursuant to Section 6041 of the Internal Revenue Code, relating to information at source, or Section 6041A of the Internal Revenue Code, relating to returns regarding payments of remuneration for services and direct sales. +(3) Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting “this state” for “the United States.” +(d) Section 32(i)(1) of the Internal Revenue Code is modified by substituting “$3,400” for “$2,200.” +(e) In lieu of Section 32(j) of the Internal Revenue Code, relating to inflation adjustments, for taxable years beginning on or after January 1, 2016, the amounts specified in paragraph (2) of subdivision (b) and in subdivision (d) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041. +(f) If the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. +(g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. +(h) Notwithstanding any other law, amounts refunded pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits. +(i) (1) For the purpose of implementing the credit allowed by this section for the 2015 taxable year, the Franchise Tax Board shall be exempt from the following: +(A) Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2. +(B) Special Project Report requirements under Statewide Information Management Manual Section 30. +(C) Section 11.00 of the 2015 Budget Act. +(D) Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code. +(2) The Franchise Tax Board shall formally incorporate the scope, costs, and schedule changes associated with the implementation of the credit allowed by this section in its next anticipated Special Project Report for its Enterprise Data to Revenue Project. +(j) (1) In accordance with Section 41 of the Revenue and Taxation Code, the purpose of the California Earned Income Tax Credit is to reduce poverty among California’s poorest working families and individuals. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following: +(A) The number of tax returns claiming the credit. +(B) The number of individuals represented on tax returns claiming the credit. +(C) The average credit amount on tax returns claiming the credit. +(D) The distribution of credits by number of dependents and income ranges. The income ranges shall encompass the phase-in and phaseout ranges of the credit. +(E) Using data from tax returns claiming the credit, including an estimate of the federal tax credit determined under Section 32 of the Internal Revenue Code, an estimate of the number of families who are lifted out of deep poverty by the credit and an estimate of the number of families who are lifted out of deep poverty by the combination of the credit and the federal tax credit. For the purposes of this subdivision, a family is in “deep poverty” if the income of the family is less than 50 percent of the federal poverty threshold. +(2) The Franchise Tax Board shall provide the written report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly Committees on Revenue and Taxation, and the Senate and Assembly Committees on Human Services. +(k) The tax credit allowed by this section shall be known as the California Earned Income Tax Credit. +(l) The amendments made to this section by the act adding this subdivision shall apply for taxable years beginning on or after January 1, 2016. +SECTION 1. +Section 23153 of the +Revenue and Taxation Code +is amended to read: +23153. +(a)Every corporation described in subdivision (b) shall be subject to the minimum franchise tax specified in subdivision (d) from the earlier of the date of incorporation, qualification, or commencing to do business within this state, until the effective date of dissolution or withdrawal as provided in Section 23331 or, if later, the date the corporation ceases to do business within the limits of this state. +(b)Unless expressly exempted by this part or the California Constitution, subdivision (a) shall apply to each of the following: +(1)Every corporation that is incorporated under the laws of this state. +(2)Every corporation that is qualified to transact intrastate business in this state pursuant to Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code. +(3)Every corporation that is doing business in this state. +(c)The following entities are not subject to the minimum franchise tax specified in this section: +(1)Credit unions. +(2)Nonprofit cooperative associations organized pursuant to Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code that have been issued the certificate of the board of supervisors prepared pursuant to Section 54042 of the Food and Agricultural Code. The association shall be exempt from the minimum franchise tax for five consecutive taxable years, commencing with the first taxable year for which the certificate is issued pursuant to subdivision (b) of Section 54042 of the Food and Agricultural Code. This paragraph only applies to nonprofit cooperative associations organized on or after January 1, 1994. +(d)(1)Except as provided in paragraph (2), paragraph (1) of subdivision (f) of Section 23151, paragraph (1) of subdivision (f) of Section 23181, and paragraph (1) of subdivision (c) of Section 23183, corporations subject to the minimum franchise tax shall pay annually to the state a minimum franchise tax of eight hundred dollars ($800). +(2)The minimum franchise tax shall be twenty-five dollars ($25) for each of the following: +(A)A corporation formed under the laws of this state whose principal business when formed was gold mining, which is inactive and has not done business within the limits of the state since 1950. +(B)A corporation formed under the laws of this state whose principal business when formed was quicksilver mining, which is inactive and has not done business within the limits of the state since 1971, or has been inactive for a period of 24 consecutive months or more. +(3)For purposes of paragraph (2), a corporation shall not be considered to have done business if it engages in business other than mining. +(e)Notwithstanding subdivision (a), for taxable years beginning on or after January 1, 1999, and before January 1, 2000, every “qualified new corporation” shall pay annually to the state a minimum franchise tax of five hundred dollars ($500) for the second taxable year. This subdivision shall apply to any corporation that is a qualified new corporation and is incorporated on or after January 1, 1999, and before January 1, 2000. +(1)The determination of the gross receipts of a corporation, for purposes of this subdivision, shall be made by including the gross receipts of each member of the commonly controlled group, as defined in Section 25105, of which the corporation is a member. +(2)“Gross receipts, less returns and allowances reportable to this state,” means the sum of the gross receipts from the production of business income, as defined in subdivision (a) of Section 25120, and the gross receipts from the production of nonbusiness income, as defined in subdivision (d) of Section 25120. +(3)“Qualified new corporation” means a corporation that is incorporated under the laws of this state or has qualified to transact intrastate business in this state, that begins business operations at or after the time of its incorporation and that reasonably estimates that it will have gross receipts, less returns and allowances, reportable to this state for the taxable year of one million dollars ($1,000,000) or less. “Qualified new corporation” does not include any corporation that began business operations as a sole proprietorship, a partnership, or any other form of business entity prior to its incorporation. This subdivision shall not apply to any corporation that reorganizes solely for the purpose of reducing its minimum franchise tax. +(4)This subdivision shall not apply to limited partnerships, as defined in Section 17935, limited liability companies, as defined in Section 17941, limited liability partnerships, as described in Section 17948, charitable organizations, as described in Section 23703, regulated investment companies, as defined in Section 851 of the Internal Revenue Code, relating to definition of regulated investment company, real estate investment trusts, as defined in Section 856 of the Internal Revenue Code, relating to definition of real estate investment trust, real estate mortgage investment conduits, as defined in Section 860D of the Internal Revenue Code, relating to REMIC defined, qualified Subchapter S subsidiaries, as defined in Section 1361(b)(3) of the Internal Revenue Code, relating to treatment of wholly owned subsidiaries, or to the formation of any subsidiary corporation, to the extent applicable. +(5)For any taxable year beginning on or after January 1, 1999, and before January 1, 2000, if a corporation has qualified to pay five hundred dollars ($500) for the second taxable year under this subdivision, but in its second taxable year, the corporation’s gross receipts, as determined under paragraphs (1) and (2), exceed one million dollars ($1,000,000), an additional tax in the amount equal to three hundred dollars ($300) for the second taxable year shall be due and payable by the corporation on the due date of its return, without regard to extension, for that year. +(f)(1)Notwithstanding subdivision (a), every corporation that incorporates or qualifies to do business in this state on or after January 1, 2000, shall not be subject to the minimum franchise tax for its first taxable year. +(2)This subdivision shall not apply to limited partnerships, as defined in Section 17935, limited liability companies, as defined in Section 17941, limited liability partnerships, as described in Section 17948, charitable organizations, as described in Section 23703, regulated investment companies, as defined in Section 851 of the Internal Revenue Code, relating to definition of regulated investment company, real estate investment trusts, as defined in Section 856 of the Internal Revenue Code, relating to definition of real estate investment trust, real estate mortgage investment conduits, as defined in Section 860D of the Internal Revenue Code, relating to REMIC defined, and qualified Subchapter S subsidiaries, as defined in Section 1361(b)(3) of the Internal Revenue Code, relating to treatment of wholly owned subsidiaries, to the extent applicable. +(3)This subdivision shall not apply to any corporation that reorganizes solely for the purpose of avoiding payment of its minimum franchise tax. +(g)Notwithstanding subdivision (a), a domestic corporation, as defined in Section 167 of the Corporations Code, that files a certificate of dissolution in the office of the Secretary of State pursuant to subdivision (b) of Section 1905 of the Corporations Code, prior to its amendment by the act amending this subdivision, and that does not thereafter do business shall not be subject to the minimum franchise tax for taxable years beginning on or after the date of that filing. +(h)The minimum franchise tax imposed by paragraph (1) of subdivision (d) shall not be increased by the Legislature by more than 10 percent during any calendar year. +(i)(1)Notwithstanding subdivision (a), a corporation that is a small business solely owned by a deployed member of the United States Armed Forces shall not be subject to the minimum franchise tax for any taxable year the owner is deployed and the corporation operates at a loss or ceases operation. +(2)The Franchise Tax Board may promulgate regulations as necessary or appropriate to carry out the purposes of this subdivision, including a definition for “ceases operation.” +(3)For the purposes of this subdivision, all of the following definitions apply: +(A)“Deployed” means being called to active duty or active service during a period when a Presidential Executive order specifies that the United States is engaged in combat or homeland defense. “Deployed” does not include either of the following: +(i)Temporary duty for the sole purpose of training or processing. +(ii)A permanent change of station. +(B)“Operates at a loss” means negative net income as defined in Section 24341. +(C)“Small business” means a corporation with total income from all sources derived from, or attributable, to the state of two hundred fifty thousand dollars ($250,000) or less. +(4)This subdivision shall become inoperative for taxable years beginning on or after January 1, 2020. +(j)Notwithstanding subdivision (a), for taxable years beginning on or after January 1, 2017, corporations subject to the minimum franchise tax shall pay annually to the state a minimum franchise tax of one hundred fifty dollars ($150). +(2)This subdivision shall not apply to limited partnerships, as defined in Section 17935, limited liability companies, as defined in Section 17941, limited liability partnerships, as described in Section 17948, charitable organizations, as described in Section 23703, regulated investment companies, as defined in Section 851 of the Internal Revenue Code, relating to definition of regulated investment company, real estate investment trusts, as defined in Section 856 of the Internal Revenue Code, relating to the definition of real estate investment trust, and real estate mortgage investment conduits, as defined in Section 860D of the Internal Revenue Code, relating to REMIC defined. +SEC. 2. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income from wages, salaries, tips, and other employee compensation plus net earnings from self-employment and who meet certain other requirements. The Personal Income Tax Law, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, allows an earned income credit against personal income tax, which is only for earned income from wages, salaries, tips, and other employee compensation, and a payment in excess of that credit amount, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor as set forth in the annual Budget Act. +This bill would, for taxable years beginning on and after January 1, 2016, expand the earned income credit allowed by the Personal Income Tax Law by providing additional conformity with federal income tax law to include specified net earnings from self-employment in earned income thus allowing an earned income credit for taxpayers for those earnings. +Existing law establishes the continuously appropriated Tax Relief and Refund Account and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including any amount allowable as an earned income credit in excess of any tax liabilities. +By authorizing new payments from that account for additional amounts in excess of personal income tax liabilities, this bill would make an appropriation. +Existing law imposes an annual minimum franchise tax, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state. Existing law, until taxable years beginning on or after January 1, 2018, exempts a corporation and a limited liability company that are small businesses solely owned by a deployed member of the United States Armed Forces, as specified, from paying the minimum franchise tax, or the annual tax, for the privilege of doing business in this state if the corporation or limited liability company ceases operation or operates at a loss, as defined. +The bill would reduce the annual minimum franchise tax to $150 for taxable years beginning on or after January 1, 2017, for specified corporations. This bill would also extend the exemption for corporations and limited liability companies solely owned by deployed members of the United States Armed Forces until January 1, 2020. +This bill would take effect immediately as a tax levy.","An act to amend Section +23153 +17052 +of the Revenue and Taxation Code, relating to +taxation, to take effect immediately, tax levy. +taxation +, and making an appropriation therefor." +1209,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1812.82 of the Civil Code is amended to read: +1812.82. +Every contract for health studio services shall be in writing and shall be subject to the provisions of this title. A copy of the written contract shall be physically given to or delivered by email to the customer at the time he or she signs the contract. +SEC. 2. +Section 1812.84 of the Civil Code is amended to read: +1812.84. +(a) A contract for health studio services may not require payments or financing by the buyer to exceed the term of the contract, nor may the term of the contract exceed three years. This subdivision does not apply to a member’s obligation to pay valid, outstanding moneys due under the contract, including moneys to be paid pursuant to a termination notice period in the contract in which the termination notice period does not exceed 30 days. +(b) A contract for health studio services shall include a statement printed in a size at least 14-point type or presented in an equally legible electronic format that discloses the initial or minimum length of the term of the contract. This statement shall be placed above the space reserved for the signature of the buyer. +(c) At any time a cancellation is authorized by this title, a contract for health studio services may be canceled by the buyer in person, via email from an email address on file with the health studio, or via first-class mail. +SEC. 3. +Section 1812.85 of the Civil Code is amended to read: +1812.85. +(a) Every contract for health studio services shall provide that performance of the agreed-upon services will begin within six months after the date the contract is entered into. The consumer may cancel the contract and receive a pro rata refund if the health studio fails to provide the specific facilities advertised or offered in writing by the time indicated. If no time is indicated in the contract, the consumer may cancel the contract within six months after the execution of the contract and shall receive a pro rata refund. If a health studio fails to meet a timeline set forth in this section, the consumer may cancel the contract at any time after the expiration of the timeline. However, if following the expiration of the timeline, the health studio provides the advertised or agreed-upon services, the consumer may cancel the contract up to 10 days after those services are provided. +(b) (1) Every contract for health studio services shall, in addition, contain on its face, and in close proximity to the space reserved for the signature of the buyer, a conspicuous statement in a size equal to at least 10-point boldface type, as follows: + +“You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to +_____ (Name of health studio operator) _____ +at _____ (Address and email address of health studio operator).” _____ +(2) The contract for health studio services shall contain on the first page, in a type size no smaller than that generally used in the body of the document, the following: (A) the name and mailing address of the health studio operator to which the notice of cancellation is to be mailed, (B) the email address of the health studio operator to which a notice of cancellation email is to be sent, and (C) the date the buyer signed the contract. +(3) The contract shall provide a description of the services, facilities, and hours of access to which the consumer is entitled or state where that information is available on the health studio operator’s Internet Web site. Any services, facilities, and hours of access that are not described in the contract or on the health studio operator’s Internet Web site shall be considered optional services, and these optional services shall be considered as separate contracts for the purposes of this title and Section 1812.83. +(4) Until the health studio operator has complied with this section, the buyer may cancel the contract for health studio services. +(5) All moneys paid pursuant to a contract for health studio services shall be refunded within 10 days after receipt of the notice of cancellation, except that payment shall be made for any health studio services received prior to cancellation. +(c) If at any time during the term of the contract, including a transfer of the contractual obligation, the health studio eliminates or substantially reduces the scope of the facilities, such as swimming pools or tennis courts, that were described in the contract, in an advertisement relating to the specific location, or in a written offer, and available to the consumer upon execution of the contract, the consumer may cancel the contract and receive a pro rata refund. The consumer may not cancel the contract pursuant to this subdivision if the health studio, after giving reasonable notice to its members, temporarily takes facilities out of operation for reasonable repairs, modifications, substitutions, or improvements. This subdivision shall not be interpreted to give the consumer the right to cancel a contract because of changes to the type or quantity of classes or equipment offered, provided the consumer is informed in the contract that the health studio reserves the right to make changes to the type or quantity of classes or equipment offered and the changes to the type or quantity of classes or equipment offered are reasonable under the circumstances. +(d) (1) If a contract for health studio services requires payment of one thousand five hundred dollars ($1,500) to two thousand dollars ($2,000), inclusive, including initiation fees or initial membership fees, by the person receiving the services or the use of the facility, the person shall have the right to cancel the contract within 20 days after the contract is executed. +(2) If a contract for health studio services requires payment of two thousand one dollars ($2,001) to two thousand five hundred dollars ($2,500), inclusive, including initiation fees or initial membership fees, by the person receiving the services or the use of the facility, the person shall have the right to cancel the contract within 30 days after the contract is executed. +(3) If a contract for health studio services requires payment of two thousand five hundred one dollars ($2,501) or more, including initiation fees or initial membership fees, by the person receiving the services or the use of the facility, the person shall have the right to cancel the contract within 45 days after the contract is executed. +(4) The right of cancellation provided in this subdivision shall be set out in the membership contract. +(5) The rights and remedies under this paragraph are cumulative to any rights and remedies under other law. +(6) A health studio entering into a contract for health studio services that requires a payment of less than one thousand five hundred dollars ($1,500), including initiation or initial membership fees and exclusive of interest or finance charges, by the person receiving the services or the use of the facilities, is not required to comply with paragraph (1), (2), or (3). +(e) Upon cancellation, the consumer shall be liable only for that portion of the total contract payment, including initiation fees and other charges however denominated, that has been available for use by the consumer, based upon a pro rata calculation over the term of the contract. The remaining portion of the contract payment shall be returned to the consumer by the health studio.","Existing law requires every health studio services contract to be in writing and that a copy of the written contract be given to the customer at the time he or she signs the contract. +This bill would, in the alternative, require that the contract be delivered by email to the customer at the time he or she signs the contract. +Existing law requires the contract to include a statement that discloses the length of the term of the contract in at least 14-point type and requires the contract to contain on the first page the name and address of the health studio operator to which a notice of cancellation can be mailed and the date the buyer signed the contract. +This bill would, instead, require the contract to disclose the initial or minimum length of the term of the contract and would, in the alternative, require the contract to be presented in an electronic format that is as equally legible as the printed contract. +Existing law requires the contract to provide a description of the services, facilities, and hours of access that the consumer is entitled to and provides that any services, facilities, and hours of access that are not described in the contract are to be considered optional services and as separate contracts, as specified. +This bill would, in the alternative, require a contract to state where the description of services, facilities, and hours of access that the consumer is entitled to is available on the health studio operator’s Internet Web site and would provide that any services, facilities, and hours of access that are not described in the contract or on the health studio operator’s Internet Web site are to be considered optional services and as separate contracts, as specified. +Existing law authorizes a consumer to cancel a contract for health studio services within specified timeframes after the contract is executed, if the health studio fails to provide the specific facilities advertised or offered or if the health studio eliminates or reduces the scope of the facilities, as specified. +This bill would specify that a contract for health studio services may be canceled by the buyer in person, via email from an email address on file with the health studio, or via first-class mail, and would require that the email address to which a notice of cancellation email is to be sent be on the first page of the contract. The bill would make other conforming changes.","An act to amend Sections 1812.82, 1812.84, and 1812.85 of the Civil Code, relating to health studio services." +1210,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 42924.5 is added to the Public Resources Code, to read: +42924.5. +(a) On or before July 1, 2017, the department shall develop guidance for collecting and recycling recyclable materials in office buildings of state agencies and large state facilities. +(b) For purposes of this section, “recyclable materials” shall include, but are not limited to, paper, plastic, metal, and organic waste. +(c) On and after July 1, 2018, a state agency and large state facility, for each office building of the state agency or large state facility, shall provide adequate receptacles, signage, education, and staffing, and arrange for recycling services consistent with Sections 42649.2 and 42649.81. +(d) At least once per year, a state agency and large state facility shall review the adequacy and condition of receptacles for recyclable material and of associated signage, education, and staffing. +(e) For purposes of this section, “state agency” and “large state facility” do not include buildings or facilities of community college districts or their campuses. +SEC. 2. +Section 42926 of the Public Resources Code is amended to read: +42926. +(a) In addition to the information provided to the department pursuant to Section 12167.1 of the Public Contract Code, each state agency shall submit an annual report to the department summarizing its progress in reducing solid waste as required by Section 42921. The annual report shall be due on or before May 1 of each year. The information in this report shall encompass the previous calendar year. +(b) A state agency’s annual report to the department shall, at a minimum, include all of the following: +(1) Calculations of annual disposal reduction. +(2) Information on the changes in waste generated or disposed of due to increases or decreases in employees, economics, or other factors. +(3) A summary of progress made in implementing the integrated waste management plan. +(4) The extent to which the state agency intends to utilize programs or facilities established by the local agency for the handling, diversion, and disposal of solid waste. If the state agency does not intend to utilize those established programs or facilities, the state agency shall identify sufficient disposal capacity for solid waste that is not source reduced, recycled, or composted. +(5) A summary of the state agency’s compliance with the requirements specified in subdivisions (c) and (d) of Section 42924.5. +(6) Other information relevant to compliance with Section 42921. +(c) The department shall use, but is not limited to the use of, the annual report in the determination of whether the agency’s integrated waste management plan needs to be revised. +(d) For purposes of this section, the meaning of “state agency” does not include a district agricultural association, as defined in Section 3951 of the Food and Agricultural Code. +SEC. 2.5. +Section 42926 of the Public Resources Code is amended to read: +42926. +(a) In addition to the information provided to the department pursuant to Section 12167.1 of the Public Contract Code, each state agency shall submit an annual report to the department summarizing its progress in reducing solid waste as required by Section 42921. The annual report shall be due on or before May 1 of each year. The information in this report shall encompass the previous calendar year. +(b) A state agency’s annual report to the department shall, at a minimum, include all of the following: +(1) Calculations of annual disposal reduction. +(2) Information on the changes in waste generated or disposed of due to increases or decreases in employees, economics, or other factors. +(3) A summary of progress made in implementing the integrated waste management plan. +(4) The extent to which the state agency intends to utilize programs or facilities established by the local agency for the handling, diversion, and disposal of solid waste. If the state agency does not intend to utilize those established programs or facilities, the state agency shall identify sufficient disposal capacity for solid waste that is not source reduced, recycled, or composted. +(5) A summary of the state agency’s compliance with the requirements specified in subdivisions (c) and (d) of Section 42924.5. +(6) A summary of the state agency’s compliance with Chapter 12.8 (commencing with Section 42649) and Chapter 12.9 (commencing with Section 42649.8), if applicable. +(7) Other information relevant to compliance with Section 42921. +(c) The department shall use, but is not limited to the use of, the annual report in the determination of whether the agency’s integrated waste management plan needs to be revised. +(d) For purposes of this section, the meaning of “state agency” does not include a district agricultural association, as defined in Section 3951 of the Food and Agricultural Code. +SEC. 3. +Section 2.5 of this bill incorporates amendments to Section 42926 of the Public Resources Code proposed by both this bill and Assembly Bill 2396. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 42926 of the Public Resources Code, and (3) this bill is enacted after Assembly Bill 2396, in which case Section 2 of this bill shall not become operative.","Existing law requires the Department of Resources Recycling and Recovery to develop and adopt requirements relating to adequate areas for collecting, storing, and loading recyclable materials in state buildings. Existing law requires each state agency or large state facility, when entering into a new lease, or renewing an existing lease, to ensure that adequate areas are provided for, and adequate personnel are available to oversee, the collection, storage, and loading of recyclable materials in compliance with those requirements. +This bill would require the department, on or before July 1, 2017, to develop guidance for collecting and recycling recyclable materials in office buildings of state agencies and large state facilities, except buildings and facilities of community college districts or their campuses. The bill would require that a covered state agency and large state facility, on and after July 1, 2018, provide adequate receptacles, signage, education, and staffing, and arrange for recycling services consistent with specified law, for each office building of the state agency or large state facility. The bill would require, at least once per year, a covered state agency and large state facility to review the adequacy and condition of receptacles for recyclable material and of associated signage, education, and staffing. +Existing law requires each state agency to submit an annual report to the department summarizing its progress in reducing solid waste, as specified. +This bill would require that report to include a summary of the state agency’s compliance with this act. +This bill would incorporate additional changes in Section 42926 of the Public Resources Code proposed by AB 2396 that would become operative only if AB 2396 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Section 42926 of, and to add Section 42924.5 to, the Public Resources Code, relating to recycling." +1211,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 628 of the Welfare and Institutions Code is amended to read: +628. +(a) (1) Upon delivery to the probation officer of a minor who has been taken into temporary custody under the provisions of this article, the probation officer shall immediately investigate the circumstances of the minor and the facts surrounding his or her being taken into custody and shall immediately release the minor to the custody of his or her parent, legal guardian, or responsible relative unless it can be demonstrated upon the evidence before the court that continuance in the home is contrary to the minor’s welfare and one or more of the following conditions exist: +(A) Continued detention of the minor is a matter of immediate and urgent necessity for the protection of the minor or reasonable necessity for the protection of the person or property of another. +(B) The minor is likely to flee the jurisdiction of the court. +(C) The minor has violated an order of the juvenile court. +(2) The probation officer’s decision to detain a minor who is currently a dependent of the juvenile court pursuant to Section 300 or the subject of a petition to declare him or her a dependent of the juvenile court pursuant to Section 300 and who has been removed from the custody of his or her parent or guardian by the juvenile court shall not be based on any of the following: +(A) The minor’s status as a dependent of the juvenile court or as the subject of a petition to declare him or her a dependent of the juvenile court. +(B) A determination that continuance in the minor’s current placement is contrary to the minor’s welfare. +(C) The child welfare services department’s inability to provide a placement for the minor. +(3) The probation officer shall immediately release a minor described in paragraph (2) to the custody of the child welfare services department or his or her current foster parent or other caregiver unless the probation officer determines that one or more of the conditions in paragraph (1) exist. +(4) This section does not limit a probation officer’s authority to refer a minor to child welfare services. +(b) If the probation officer has reason to believe that the minor is at risk of entering foster care placement as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, the probation officer shall, as part of the investigation undertaken pursuant to subdivision (a), make reasonable efforts, as described in paragraph (5) of subdivision (d) of Section 727.4, to prevent or eliminate the need for removal of the minor from his or her home. +(c) In any case in which there is reasonable cause for believing that a minor who is under the care of a physician or surgeon or a hospital, clinic, or other medical facility and cannot be immediately moved is a person described in subdivision (d) of Section 300, the minor shall be deemed to have been taken into temporary custody and delivered to the probation officer for the purposes of this chapter while he or she is at the office of the physician or surgeon or that medical facility. +(d) (1) It is the intent of the Legislature that this subdivision shall comply with paragraph (29) of subsection (a) of Section 671 of Title 42 of the United States Code as added by the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). It is further the intent of the Legislature that the identification and notification of relatives shall be made as early as possible after the removal of a youth who is at risk of entering foster care placement. +(2) If the minor is detained and the probation officer has reason to believe that the minor is at risk of entering foster care placement, as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, then the probation officer shall conduct, within 30 days, an investigation in order to identify and locate all grandparents, adult siblings, and other relatives of the child, as defined in paragraph (2) of subdivision (f) of Section 319, including any other adult relatives suggested by the parents. The probation officer shall provide to all adult relatives who are located, except when that relative’s history of family or domestic violence makes notification inappropriate, within 30 days of the date on which the child is detained, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information: +(A) The child has been removed from the custody of his or her parent or parents, or his or her guardians. +(B) An explanation of the various options to participate in the care and placement of the child and support for the child’s family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child, how to become a foster family home or approved relative or nonrelative extended family member as defined in Section 362.7, and additional services and support that are available in out-of-home placements. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. When oral notification is provided, the probation officer is not required to provide detailed information about the various options to help with the care and placement of the child. +(3) The probation officer shall use due diligence in investigating the names and locations of the relatives pursuant to paragraph (2), including, but not limited to, asking the child in an age-appropriate manner about relatives important to the child, consistent with the child’s best interest, and obtaining information regarding the location of the child’s adult relatives. +(4) To the extent allowed by federal law as a condition of receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), if the probation officer did not conduct the identification and notification of relatives, as required in paragraph (2), but the court orders foster care placement, the probation officer shall conduct the investigation to find and notify relatives within 30 days of the placement order. Nothing in this section shall be construed to delay foster care placement for an individual child. +SEC. 2. +To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.","Existing law requires a probation officer, upon delivery of a minor who has been taken into temporary custody, to immediately investigate the circumstances of the minor and the facts surrounding the minor being taken into custody and to immediately release the minor to the custody of his or her parent, legal guardian, or responsible relative unless evidence before the court demonstrates that continuance in the home is contrary to the child’s welfare, and one or more specified circumstances is present, including, among others, that the minor is destitute. +This bill would delete several of those specified circumstances. The bill would also prohibit the probation officer, when deciding whether to detain a minor who is currently a dependent of the juvenile court or the subject of a petition to declare him or her a dependent of the juvenile court and who has been removed from the custody of his or her parent or guardian by the juvenile court, from considering specified information, including, among others, the minor’s status as a dependent of the juvenile court or as the subject of a petition to declare him or her a dependent of the juvenile court. The bill would require a probation officer to immediately release that minor to the custody of the child welfare services department or his or her current foster parent or other caregiver, except as specified. By increasing the duties imposed on local child welfare services departments, this bill would create a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 628 of the Welfare and Institutions Code, relating to juveniles." +1212,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 402.1 of the Revenue and Taxation Code is amended to read: +402.1. +(a) In the assessment of land, the assessor shall consider the effect upon value of any enforceable restrictions to which the use of the land may be subjected. These restrictions shall include, but are not limited to, all of the following: +(1) Zoning. +(2) Recorded contracts with governmental agencies other than those provided in Sections 422, 422.5, and 422.7. +(3) Permit authority of, and permits issued by, governmental agencies exercising land use powers concurrently with local governments, including the California Coastal Commission and regional coastal commissions, the San Francisco Bay Conservation and Development Commission, and the Tahoe Regional Planning Agency. +(4) Development controls of a local government in accordance with any local coastal program certified pursuant to Division 20 (commencing with Section 30000) of the Public Resources Code. +(5) Development controls of a local government in accordance with a local protection program, or any component thereof, certified pursuant to Division 19 (commencing with Section 29000) of the Public Resources Code. +(6) Environmental constraints applied to the use of land pursuant to provisions of statutes. +(7) Hazardous waste land use restriction pursuant to Section 25226 of the Health and Safety Code. +(8) (A) A recorded conservation, trail, or scenic easement, as described in Section 815.1 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use. +(B) A recorded greenway easement, as described in Section 816.52 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the developing and preserving of greenways. +(9) A solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code. +(10) A contract where the following apply: +(A) The contract is with a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program. +(B) The contract restricts the use of the land for at least 30 years to owner-occupied housing available at affordable housing cost in accordance with Section 50052.5 of the Health and Safety Code. +(C) The contract includes a deed of trust on the property in favor of the nonprofit corporation to ensure compliance with the terms of the program, which has no value unless the owner fails to comply with the covenants and restrictions of the terms of the home sale. +(D) The local housing authority or an equivalent agency, or, if none exists, the city attorney or county counsel, has made a finding that the long-term deed restrictions in the contract serve a public purpose. +(E) The contract is recorded and provided to the assessor. +(11) (A) A contract where the following apply: +(i) The contract is a renewable 99-year ground lease between a community land trust and the qualified owner of an owner-occupied single-family dwelling or an owner-occupied unit in a multifamily dwelling. +(ii) The contract subjects a single-family dwelling or unit in a multifamily dwelling, and the land on which the dwelling or unit is situated that is leased to the qualified owner by a community land trust for the convenient occupation and use of that dwelling or unit, to affordability restrictions. +(iii) One of the following public agencies or officials has made a finding that the affordability restrictions in the contract serve the public interest to create and preserve the affordability of residential housing for persons and families of low or moderate income: +(I) The director of the local housing authority or equivalent agency. +(II) The county counsel. +(III) The director of a county housing department. +(IV) The city attorney. +(V) The director of a city housing department. +(iv) The contract is recorded and is provided to the assessor. +(B) For purposes of this paragraph, all of the following definitions shall apply: +(i) “Affordability restrictions” mean that all of the following conditions are met: +(I) The dwelling or unit can only be sold or resold to a qualified owner to be occupied as a principal place of residence. +(II) The sale or resale price of the dwelling or unit is determined by a formula that ensures the dwelling or unit has a purchase price that is affordable to qualified owners. +(III) There is a purchase option for the dwelling or unit in favor of a community land trust intended to preserve the dwelling or unit as affordable to qualified owners. +(IV) The dwelling or unit is to remain affordable to qualified owners by a renewable 99-year ground lease. +(ii) “Community land trust” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following: +(I) Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences. +(II) All dwellings and units located on the land owned by the nonprofit corporation are sold to a qualified owner to be occupied as the qualified owner’s primary residence or rented to persons and families of low or moderate income. +(III) The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years. +(iii) “Limited equity housing cooperative” has the same meaning as that term is defined in Section 817 of the Civil Code. +(iv) “Persons and families of low or moderate income” has the same meaning as that term is defined in Section 50093 of the Health and Safety Code. +(v) “Qualified owner” means persons and families of low or moderate income, including persons and families of low or moderate income that own a dwelling or unit collectively as member occupants or resident shareholders of a limited equity housing cooperative. +(b) There is a rebuttable presumption that restrictions will not be removed or substantially modified in the predictable future and that they will substantially equate the value of the land to the value attributable to the legally permissible use or uses. +(c) Grounds for rebutting the presumption may include, but are not necessarily limited to, the past history of like use restrictions in the jurisdiction in question and the similarity of sales prices for restricted and unrestricted land. The possible expiration of a restriction at a time certain shall not be conclusive evidence of the future removal or modification of the restriction unless there is no opportunity or likelihood of the continuation or renewal of the restriction, or unless a necessary party to the restriction has indicated an intent to permit its expiration at that time. +(d) In assessing land with respect to which the presumption is unrebutted, the assessor shall not consider sales of otherwise comparable land not similarly restricted as to use as indicative of value of land under restriction, unless the restrictions have a demonstrably minimal effect upon value. +(e) In assessing land under an enforceable use restriction wherein the presumption of no predictable removal or substantial modification of the restriction has been rebutted, but where the restriction nevertheless retains some future life and has some effect on present value, the assessor may consider, in addition to all other legally permissible information, representative sales of comparable lands that are not under restriction but upon which natural limitations have substantially the same effect as restrictions. +(f) For the purposes of this section the following definitions apply: +(1) “Comparable lands” are lands that are similar to the land being valued in respect to legally permissible uses and physical attributes. +(2) “Representative sales information” is information from sales of a sufficient number of comparable lands to give an accurate indication of the full cash value of the land being valued. +(g) It is hereby declared that the purpose and intent of the Legislature in enacting this section is to provide for a method of determining whether a sufficient amount of representative sales information is available for land under use restriction to ensure the accurate assessment of that land. It is also hereby declared that the further purpose and intent of the Legislature in enacting this section and Section 1630 is to avoid an assessment policy which, in the absence of special circumstances, considers uses for land that legally are not available to the owner and not contemplated by government, and that these sections are necessary to implement the public policy of encouraging and maintaining effective land use planning. This statute shall not be construed as requiring the assessment of any land at a value less than as required by Section 401 or as prohibiting the use of representative comparable sales information on land under similar restrictions when this information is available. +SEC. 2. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. +SEC. 3. +Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. +SEC. 4. +This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","Existing law requires the county assessor to consider, when valuing real property for property taxation purposes, the effect of any enforceable restrictions to which the use of the land may be subjected, including, but not limited to, zoning, recorded contracts with governmental agencies, and various other restrictions imposed by governments. +This bill would require the county assessor to consider, when valuing real property for property taxation purposes, a contract that is a 99-year ground lease between a community land trust, as defined, and the qualified owner, as defined, of an owner-occupied single-family dwelling or an owner-occupied unit in a multifamily dwelling and that subjects a single-family dwelling or unit in a multifamily dwelling, and the land on which the dwelling or unit is situated that is leased to the qualified owner for the convenient occupation and use of that dwelling or unit, to affordability restrictions, as defined. +By changing the manner in which county assessors assess property for property taxation purposes, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. +Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. +This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. +This bill would take effect immediately as a tax levy.","An act to amend Section 402.1 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." +1213,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) It is the policy of the state to promote open access to public records. It is in the interest of the public to ensure, to the greatest extent possible, that there is open public access to court records, including civil case records. +(b) It is the policy of the state that access to public records be limited or restricted only under compelling circumstances. +(c) With the enactment of Chapter 1007 of the Statutes of 1991, the Legislature began restricting public access to civil case records in unlawful detainer proceedings. Under current law, with limited exceptions, civil case records in unlawful detainer proceedings are unavailable to the public for a period of 60 days after filing. Civil case records in unlawful detainer proceedings in which the defendant prevails within 60 days of filing are permanently unavailable to the public. +(d) The state has a housing crisis that requires revising the current restrictions on public access to civil case records in unlawful detainer proceedings. More than four decades have passed since the California Supreme Court first observed, in Green v. Superior Court (1974) 10 Cal.3d 616, 625, “a scarcity of adequate low cost housing in virtually every urban setting [in California].” Yet the shortage of affordable housing for low-income tenants has only grown. Median monthly rents in the state are now approximately 50 percent higher than the national average, but high prices have failed to spur sufficient housing construction to meet demand. As a result, households in the state in the bottom quarter of the income distribution spend an average of 67 percent of their income on housing. The recent economic and foreclosure crises have only exacerbated the challenges that low-income households face in securing affordable housing. +(e) The difficulty of securing affordable housing in competitive rental markets is also worsened by the existing law governing access to civil case records in unlawful detainer proceedings. Specifically, once unlawful detainer civil case records become public, tenant screening companies and credit reporting agencies capture and publish personal identifying information regarding tenants named as defendants in those records. This information appears in published lists, known as unlawful detainer registries, and on tenants’ credit reports. So long as it is accurate, the fact that a tenant was once sued for unlawful detainer is publicly available for up to seven years and cannot be challenged under federal or state laws governing consumer credit reporting. +(f) The names of thousands of innocent tenants whose cases are resolved only after the 60-day deadline appear on unlawful detainer registries. Many of these tenants successfully settle, secure a dismissal, or win at trial, and would have escaped negative credit reporting if only they had prevailed before the deadline. In other instances, unlawful detainer complaints are filed against tenants but never served. Because these complaints are never dismissed, the tenant’s name is publicly released after 60 days and negative credit reporting ensues. Because landlords, who are attempting to decide between numerous applicants for scarce rental housing, rely on unlawful detainer registries and on credit reports, landlords often choose not to rent to tenants who appear on these registries, even if the tenants were eventually found innocent of unlawful detainer. As a result, given the statewide housing shortage, these tenants may be shut out of rental markets for up to seven years through no fault of their own. +(g) This act strikes a just balance between ensuring open access to public records and protecting the credit and reputation of innocent tenants. This act also ensures that landlords will have access to timely and more accurate information regarding prospective tenants. This act is a response to the state’s ongoing affordable housing crisis and is necessary to prevent tenants from being inadvertently denied an opportunity to secure housing simply as a result of being named in an unlawful detainer lawsuit. +SEC. 2. +It is the intent of the Legislature to amend existing statutes regarding open access to public records by making permanently unavailable to the public civil case records in unlawful detainer proceedings in which the plaintiff does not prevail within 60 days of filing instead of unlawful detainer proceedings in which the defendant prevails within 60 days of filing. +SEC. 3. +Section 1161.2 of the Code of Civil Procedure is amended to read: +1161.2. +(a) (1) The clerk shall allow access to limited civil case records filed under this chapter, including the court file, index, and register of actions, only as follows: +(A) To a party to the action, including a party’s attorney. +(B) To a person who provides the clerk with the names of at least one plaintiff and one defendant and the address of the premises, including the apartment or unit number, if any. +(C) To a resident of the premises who provides the clerk with the name of one of the parties or the case number and shows proof of residency. +(D) To a person by order of the court, which may be granted ex parte, on a showing of good cause. +(E) To any person by order of the court if judgment is entered for the plaintiff after trial more than 60 days since the filing of the complaint. The court shall issue the order upon issuing judgment for the plaintiff. +(F) Except as provided in subparagraph (G), to any other person 60 days after the complaint has been filed if the plaintiff prevails in the action within 60 days of the filing of the complaint, in which case the clerk shall allow access to any court records in the action. If a default or default judgment is set aside more than 60 days after the complaint has been filed, this section shall apply as if the complaint had been filed on the date the default or default judgment is set aside. +(G) In the case of a complaint involving residential property based on Section 1161a as indicated in the caption of the complaint, as required in subdivision (c) of Section 1166, to any other person, if 60 days have elapsed since the complaint was filed with the court, and, as of that date, judgment against all defendants has been entered for the plaintiff, after a trial. +(2) This section shall not be construed to prohibit the court from issuing an order that bars access to the court record in an action filed under this chapter if the parties to the action so stipulate. +(b) (1) For purposes of this section, “good cause” includes, but is not limited to, both of the following: +(A) The gathering of newsworthy facts by a person described in Section 1070 of the Evidence Code. +(B) The gathering of evidence by a party to an unlawful detainer action solely for the purpose of making a request for judicial notice pursuant to subdivision (d) of Section 452 of the Evidence Code. +(2) It is the intent of the Legislature that a simple procedure be established to request the ex parte order described in subparagraph (D) of paragraph (1) of subdivision (a). +(c) Upon the filing of a case so restricted, the court clerk shall mail notice to each defendant named in the action. The notice shall be mailed to the address provided in the complaint. The notice shall contain a statement that an unlawful detainer complaint (eviction action) has been filed naming that party as a defendant, and that access to the court file will be delayed for 60 days except to a party, an attorney for one of the parties, or any other person who (1) provides to the clerk the names of at least one plaintiff and one defendant in the action and provides to the clerk the address, including any applicable apartment, unit, or space number, of the subject premises, or (2) provides to the clerk the name of one of the parties in the action or the case number and can establish through proper identification that he or she lives at the subject premises. The notice shall also contain a statement that access to the court index, register of actions, or other records is not permitted until 60 days after the complaint is filed, except pursuant to an order upon a showing of good cause for access. The notice shall contain on its face the following information: +(1) The name and telephone number of the county bar association. +(2) The name and telephone number of any entity that requests inclusion on the notice and demonstrates to the satisfaction of the court that it has been certified by the State Bar of California as a lawyer referral service and maintains a panel of attorneys qualified in the practice of landlord-tenant law pursuant to the minimum standards for a lawyer referral service established by the State Bar of California and Section 6155 of the Business and Professions Code. +(3) The following statement: + + +“The State Bar of California certifies lawyer referral services in California and publishes a list of certified lawyer referral services organized by county. To locate a lawyer referral service in your county, go to the State Bar’s Internet Web site at www.calbar.ca.gov or call 1-866-442-2529.” + + +(4) The name and telephone number of an office or offices funded by the federal Legal Services Corporation or qualified legal services projects that receive funds distributed pursuant to Section 6216 of the Business and Professions Code that provide legal services to low-income persons in the county in which the action is filed. The notice shall state that these telephone numbers may be called for legal advice regarding the case. The notice shall be issued between 24 and 48 hours of the filing of the complaint, excluding weekends and holidays. One copy of the notice shall be addressed to “all occupants” and mailed separately to the subject premises. The notice shall not constitute service of the summons and complaint. +(d) Notwithstanding any other law, the court shall charge an additional fee of fifteen dollars ($15) for filing a first appearance by the plaintiff. This fee shall be added to the uniform filing fee for actions filed under this chapter. +(e) This section does not apply to a case that seeks to terminate a mobilehome park tenancy if the statement of the character of the proceeding in the caption of the complaint clearly indicates that the complaint seeks termination of a mobilehome park tenancy. +(f) This section does not alter any provision of the Evidence Code. +SEC. 4. +Section 1167.1 is added to the Code of Civil Procedure, to read: +1167.1. +If proof of service of the summons has not been filed within 60 days of the complaint’s filing, the court may dismiss the action without prejudice.","Under existing law, a tenant of real property, for a term less than life, or the executor or administrator or his or her estate, is guilty of unlawful detainer when he or she continues in possession, in person or by subtenant, of the property or any part of the property, after the expiration of the term for which it is let to him or her, except as specified. Under existing law, access to limited civil case records filed in an unlawful detainer action is restricted to (1) parties to the action, (2) certain people who provide the court clerk with specified information about the parties to the action, (3) any person by order of the court on a showing of good cause, and (4) any other person 60 days after the complaint has been filed, unless the defendant prevails in the action within 60 days after the filing of the complaint, in which case access is limited to the other parties allowed access, as described above. +This bill would instead provide that access to limited civil case records filed in an unlawful detainer action is restricted, for purposes of (4), as described above, (1) to any person by order of the court if judgment is entered for the plaintiff after trial more than 60 days since the filing of the complaint, and (2) to any other person 60 days after the complaint has been filed if the plaintiff prevails in the action within 60 days of the filing of the complaint. The bill would provide that if a default or default judgment is set aside more than 60 days after the complaint was filed, the court file access restrictions, as described above, shall apply as if the complaint had been filed on the date the default or the default judgment is set aside. The bill would authorize the court to bar access to court records in the action if the parties so stipulate. +Existing law requires a complaint filed in an unlawful detainer proceeding to include certain information and requires a defendant to answer the complaint, as specified, within 5 days of being served with a summons and the complaint, unless the court orders otherwise for good cause shown. Existing law also requires proof of service of a summons to be filed in a civil action, including in an unlawful detainer proceeding. +This bill would permit a court to dismiss an unlawful detainer proceeding without prejudice if proof of service of the summons has not been filed within 60 days of the complaint’s filing.","An act to amend Section 1161.2 of, and to add Section 1167.1 to, the Code of Civil Procedure, relating to unlawful detainer proceedings." +1214,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 396 of the Penal Code is amended to read: +396. +(a) The Legislature hereby finds that during a state of emergency or local emergency, including, but not limited to, an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, or other natural or manmade disaster, some merchants have taken unfair advantage of consumers by greatly increasing prices for essential consumer goods and services. While the pricing of consumer goods and services is generally best left to the marketplace under ordinary conditions, when a declared state of emergency or local emergency results in abnormal disruptions of the market, the public interest requires that excessive and unjustified increases in the prices of essential consumer goods and services be prohibited. It is the intent of the Legislature in enacting this act to protect citizens from excessive and unjustified increases in the prices charged during or shortly after a declared state of emergency or local emergency for goods and services that are vital and necessary for the health, safety, and welfare of consumers. Further, it is the intent of the Legislature that this section be liberally construed so that its beneficial purposes may be served. +(b) Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make such a declaration in any county, city, or city and county, and for a period of 30 days following that proclamation or declaration, it is unlawful for a person, contractor, business, or other entity to sell or offer to sell any consumer food items or goods, goods or services used for emergency cleanup, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight, and storage services, or gasoline or other motor fuels for a price of more than 10 percent above the price charged by that person for those goods or services immediately prior to the proclamation or declaration of emergency. However, a greater price increase is not unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services, provided that in those situations where the increase in price is attributable to additional costs imposed by the seller’s supplier or additional costs of providing the good or service during the state of emergency or local emergency, the price represents no more than 10 percent above the total of the cost to the seller plus the markup customarily applied by the seller for that good or service in the usual course of business immediately prior to the onset of the state of emergency or local emergency. +(c) Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make such a declaration in any county, city, or city and county, and for a period of 180 days following that proclamation or declaration, it is unlawful for a contractor to sell or offer to sell any repair or reconstruction services or any services used in emergency cleanup for a price of more than 10 percent above the price charged by that person for those services immediately prior to the proclamation or declaration of emergency. However, a greater price increase is not unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services, provided that in those situations where the increase in price is attributable to the additional costs imposed by the contractor’s supplier or additional costs of providing the service during the state of emergency or local emergency, the price represents no more than 10 percent above the total of the cost to the contractor plus the markup customarily applied by the contractor for that good or service in the usual course of business immediately prior to the onset of the state of emergency or local emergency. +(d) Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make such a declaration in any county, city, or city and county, and for a period of 30 days following that proclamation or declaration, it is unlawful for an owner or operator of a hotel or motel to increase the hotel or motel’s regular rates, as advertised immediately prior to the proclamation or declaration of emergency, by more than 10 percent. However, a greater price increase is not unlawful if the owner or operator can prove that the increase in price is directly attributable to additional costs imposed on it for goods or labor used in its business, to seasonal adjustments in rates that are regularly scheduled, or to previously contracted rates. +(e) The provisions of this section may be extended for additional 30-day periods, as needed, by a local legislative body, local official, the Governor, or the California Legislature, if deemed necessary to protect the lives, property, or welfare of the citizens. +(f) A violation of this section is a misdemeanor punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment. +(g) A violation of this section shall constitute an unlawful business practice and an act of unfair competition within the meaning of Section 17200 of the Business and Professions Code. The remedies and penalties provided by this section are cumulative to each other, the remedies under Section 17200 of the Business and Professions Code, and the remedies or penalties available under all other laws of this state. +(h) For the purposes of this section, the following terms have the following meanings: +(1) “State of emergency” means a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor of California. +(2) “Local emergency” means a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, or other natural or manmade disaster for which a local emergency has been declared by an official, board, or other governing body vested with authority to make such a declaration in any county, city, or city and county in California. +(3) “Consumer food item” means any article that is used or intended for use for food, drink, confection, or condiment by a person or animal. +(4) “Repair or reconstruction services” means services performed by any person who is required to be licensed under the Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code), for repairs to residential or commercial property of any type that is damaged as a result of a disaster. +(5) “Emergency supplies” includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, soaps, diapers, temporary shelters, tape, toiletries, plywood, nails, and hammers. +(6) “Medical supplies” includes, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products. +(7) “Building materials” means lumber, construction tools, windows, and anything else used in the building or rebuilding of property. +(8) “Gasoline” means any fuel used to power any motor vehicle or power tool. +(9) “Transportation, freight, and storage services” means any service that is performed by any company that contracts to move, store, or transport personal or business property or that rents equipment for those purposes, including towing services. +(10) “Housing” means any rental housing with an initial lease term of no longer than one year. +(11) “Goods” has the same meaning as defined in subdivision (c) of Section 1689.5 of the Civil Code. +(i) Nothing in this section shall preempt any local ordinance prohibiting the same or similar conduct or imposing a more severe penalty for the same conduct prohibited by this section. +(j) A business offering an item for sale at a reduced price immediately prior to the proclamation or declaration of the emergency may use the price at which it usually sells the item to calculate the price pursuant to subdivision (b) or (c). +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, upon the proclamation of a state of emergency resulting from an earthquake, flood, fire, riot, storm, or natural or manmade disaster declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, riot, storm, or natural or manmade disaster by the executive officer of any county, city, or city and county, and for a period of 30 days following that declaration, it is a misdemeanor with specified penalties for a person, contractor, business, or other entity to sell or offer to sell certain goods and services for a price that exceeds by 10% the price charged by that person immediately prior to the proclamation of emergency, except as specified. +This bill would revise the definitions of a state of emergency and a local emergency to mean a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor of California or for which a local emergency has been declared by an official, board, or other governing body vested with authority to make such a declaration in any city, county, or city and county in California, respectively. The bill would include towing services in the provisions described above. The bill would also specify that housing means any rental housing with an initial lease term of no longer than one year for purposes of these provisions. The bill would make other clarifying and conforming changes, including, among others, a specification that these provisions apply to both a state of emergency and a local emergency, and would make certain additional findings by the Legislature. By expanding the scope of an existing crime, this bill would create a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 396 of the Penal Code, relating to crimes." +1215,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature finds and declares all of the following: +(a) Homeless beneficiaries incur disproportionate Medi-Cal costs, particularly people experiencing chronic homelessness and people who cycle between homelessness, emergency departments, inpatient care, and nursing home stays. Supportive housing, which is affordable housing with intensive services, allows people experiencing significant barriers to housing stability to improve their health and decrease their Medicaid costs. National studies comparing formerly homeless Medicaid beneficiaries living in supportive housing with homeless beneficiaries receiving usual care demonstrate Medicaid cost savings of almost $9,000 per year after the costs of services. +(b) In most communities in California, a lack of housing affordable to people experiencing homelessness is one of the greatest barriers to exiting homelessness. Housing resources would equip Whole Person Care counties choosing to target homeless people with the resources to achieve the goals of the Whole Person Care Waiver provisions, during the course of the pilot and after the pilot ends. “Whole Person Care pilot” has the meaning as described in the Medi-Cal 2020 Waiver Special Terms and Conditions (STCs), Sections 110-126, as approved by the federal Centers for Medicare and Medicaid Services on December 30, 2015, or in any sub means the Department of Housing and Community Development. +(e) “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 1, 2017. +(f) “Interim housing” means a safe place for a participant to live temporarily while the participant is waiting to move into a permanent apartment affordable to the participant with rental assistance, and where the participant is not required to pay more than 30 percent of his or her income toward the cost of the interim housing. “Interim housing” may include recuperative or respite care and shall not be funded for longer than a period of nine months. +(g) “Long-term rental assistance” means a rental subsidy provided to a housing provider, including a landlord renting in the private market or a developer leasing affordable housing, to assist a tenant to pay the difference between 30 percent of the tenant’s income and fair market rent or reasonable market rent as determined by HCD. +(h) “Permanent housing” means a housing unit where the landlord does not limit length of stay in the housing unit, the landlord does not restrict the movements of the tenant, and the tenant has a lease and is subject to the rights and responsibilities of tenancy, pursuant to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. +(i) “Program” means the Housing for a Healthy California Program created by this part. +(j) “Supportive housing” has the same meaning as in Section 50675.14. +53591. +HCD shall do all of the following: +(a) On or before October 1, 2017, establish the Housing for a Healthy California Program. +(b) On or before October 1, 2017, draft guidelines for stakeholder comment to fund competitive grants to pay for interim and long-term rental assistance under the program. The guidelines shall detail competitive scoring criteria that includes, but is not limited to, scoring that awards points based upon all of the following: +(1) Need, which includes consideration of the number of individuals experiencing homelessness and the impact of housing costs in the applicant’s geographic area. +(2) Ability of the applicant to administer a program offering interim and long-term rental assistance to people experiencing homelessness. +(3) The applicant’s documented partnerships with affordable and supportive housing providers in the applicant’s geographic area. +(4) A comprehensive plan to connect interim housing, long-term rental assistance, and project-based supportive housing resources. +(5) Coordination with (A) community-based housing and homeless service providers, (B) behavioral health providers, and (C), safety net providers, including community health centers. +(c) On or before April 1, 2018, and every year thereafter, subject to appropriation by the Legislature, award grants on a competitive basis to eligible grant applicants. If appropriations are made available in future years, applicants shall compete for each round of five-year grants. +(d) Midyear and annually, collect data from the program grantees. +(e) No later than April 1, 2018, contract with an independent evaluator or work with an evaluator who is contracted with DHCS to analyze data collected pursuant to Section 53573 to determine changes in health care costs associated with services provided under the program. HCD shall provide, on a regular basis as needed, collected data to the evaluator. +(f) (1) On or before October 1, 2019, for grants awarded in 2018, and in subsequent years thereafter in which the program is allocated additional funds, report data collected to the Assembly Committee on Budget, the Senate Committee on Budget and Fiscal Review, the Assembly and Senate committees on health, the Assembly Committee on Housing and Community Development, and the Senate Committee on Transportation and Housing. +(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. +(g) HCD is encouraged to consult with DHCS where appropriate to carry out the intent of this section. +53592. +An applicant shall be eligible for a program grant if the applicant meets the requirements of this section. Eligibility does not create an entitlement to grant funds and is subject to availability of funds. The applicant shall meet all of the following requirements: +(a) Identify a source of funding for Housing Transition Services and Tenancy Sustaining Services, as defined in the Centers for Medicare and Medicaid Services’ Informational Bulletin regarding Housing-Related Activities and Services for People with Disabilities, issued June 26, 2015. Funding for these services may include, but are not limited to, one or more of the following: +(1) County general funds. +(2) Whole Person Care pilot program funds. +(3) The Health Home Program. +(4) Other county-controlled funding to provide these services to eligible participants. +(b) Agree to contribute funding for interim and long-term rental assistance through an identified source. +(c) Has designated a process for administering grant funds through agencies administering housing programs. +(d) Agree to collect and report data, as described in Section 53593, to HCD. +53593. +(a) HCD shall coordinate with DHCS to match program participant data, consistent with state and federal privacy law, to Medi-Cal data to identify outcomes among participants as well as changes in health care costs associated with housing and services provided under the program to the extent that information is available, up to 12 months prior to each participant’s move into permanent housing, as well as changes in costs after each participant’s move into permanent housing. +(b) An applicant awarded grant funds shall, at annual and midyear intervals, report all of the following data to HCD: +(1) Data specified by HCD necessary to measure the costs and outcomes of the program. +(2) The number of participants and the type of interventions offered through grant funds. +(3) The number of participants living in supportive housing or other permanent housing. +53594. +An applicant shall use grants awarded pursuant to this part for one or more of the following, which may be administered through a housing pool: +(a) Long-term rental assistance for periods of up to five years. +(b) A capitalized operating reserve for up to 15 years to pay for operating costs of an apartment or apartments within a development receiving public funding to provide supportive housing to people experiencing homelessness. +(c) Interim housing. +(d) A county’s administrative costs for up to 3 percent of the total grant awarded. +53595. +A county resident is eligible to receive assistance pursuant to a grant awarded under the program if he or she meets all of the following requirements: +(a) Is homeless upon initial eligibility. +(b) Is a Medi-Cal beneficiary. +(c) Is eligible for Supplemental Security Income. +(d) Is eligible to receive services under a program providing services promoting housing stability, including, but not limited to, the following: +(1) The Whole Person Care pilot program. +(2) Health Home Program. +(3) A locally controlled services program funding or providing services in supportive housing. +(e) Is likely to improve his or her health conditions with supportive housing. +53596. +The program shall be funded upon appropriation by the Legislature. The Legislature shall consider the impact that housing and supportive services have had in changing utilization and health care costs, as identified in the evaluation described in Section 53591, of moving eligible participants into supportive housing. +53597. +HCD shall reimburse DHCS for the costs of collaborating in matching and providing relevant data. HCD shall use no more than 5 percent of the funds appropriated for the program for purposes of administering the program. +53598. +(a) For purposes of implementing this part, HCD may enter into exclusive or nonexclusive contracts on a bid or negotiated basis. Contracts entered into or amended pursuant to this subdivision shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and shall be exempt from the review or approval of any division of the Department of General Services. +(b) Any guidelines that are adopted, amended, or repealed to implement this chapter shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. +53599. +Implementation of this part shall be contingent on an appropriation provided for this purpose in the annual Budget Act or other measure.","Existing law establishes various housing programs directed by the Department of Housing and Community Development (HCD), including special housing programs to provide housing assistance for persons with developmental and physical disabilities and persons with mental health disorders. Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services (DHCS), under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. +This bill would require HCD to, on or before October 1, 2017, establish the Housing for a Healthy California Program and on or before April 1, 2018, and every year thereafter, subject to appropriation by the Legislature, award grants on a competitive basis to eligible grant applicants based on guidelines that HCD would draft, as prescribed, and other requirements. The bill would provide that an applicant is eligible for a grant under the program if the applicant meets specified requirements, including that the applicant identify a source of funding, as specified, agree to contribute funding for interim and long-term rental assistance, and agree to collect and report data, as specified. +The bill would require an applicant awarded a grant to use the funds for specified purposes, including long-term rental assistance and interim housing. The bill would provide that a county resident is eligible to receive assistance pursuant to a grant awarded under the program if he or she meets specified requirements, including that the person is homeless, is a Medi-Cal beneficiary, is eligible for Supplemental Security Income, is eligible to receive certain services, and is likely to improve his or her health with supportive services. The bill would provide that the program shall be funded upon appropriation by the Legislature. The bill would also authorize HCD, for purposes of implementing these provisions, to enter into exclusive or nonexclusive contracts on a bid or negotiated basis, exempt from specified small business procurement, personal service, and public contracting provisions, and exempt from the review or approval of any division of the Department of General Services. The bill would exempt the program guidelines created by the department from requirements prescribed for administrative regulations. The bill would require HCD to analyze data collected pursuant to the program, as specified, and by October 1, 2019, and subsequently as the program may be funded, to report program data to certain legislative committees, as specified. The bill would condition implementation of these provisions upon an appropriation provided for this purpose.","An act to add Part 14.2 (commencing with Section 53590) to Division 31 of the Health and Safety Code, relating to housing." +1216,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 15151.5 is added to the Elections Code, to read: +15151.5. +(a) A county with the technical capacity to do so shall post the following information on its Internet Web site: +(1) A statement of the results showing all of the following: +(A) The total number of ballots cast. +(B) The number of votes cast at each precinct for each candidate and for and against each measure. +(C) The total number of votes cast for each candidate and for and against each measure. +(D) The number of votes cast in each city, Assembly district, congressional district, senatorial district, State Board of Equalization district, and supervisorial district located in whole or in part in the county, for each candidate for the offices of presidential elector and all statewide offices, depending on the offices to be filled, and on each statewide ballot proposition. +(2) Precinct data for vote by mail ballots, provisional ballots, spoiled ballots, and any other data readily available on the computer system. +(b) (1) Except as provided in paragraph (2), a county shall provide the information required by subdivision (a) in both downloadable spreadsheet and Election Markup Language (EML) formats. The spreadsheet may include a comma-separated values file or a tab-separated values file that is compatible with a spreadsheet software application widely used at the time of the posting. +(2) A county that does not have the technical capacity to provide the information in both formats described in paragraph (1) shall provide the information in whichever format it is able. +(c) +(1) +Following commencement of the semifinal official canvass, a county elections official shall post the information described in subdivision (a) at the end of election night, daily through the first Friday after election day, and, thereafter, weekly on Fridays until the results are certified pursuant to Section 15372. +(2) Notwithstanding paragraph (1), if at any time the required information has not changed since the time it was last posted, the county elections official may post a statement to that effect in lieu of reposting the information described in subdivision (a). +(d) A county that could comply with this section if its voting system were modified shall comply with Section 19216.5 +SEC. 2. +Section 15372 of the Elections Code is amended to read: +15372. +(a) The elections official shall prepare a certified statement of the results of the election and submit it to the governing body within 30 days of the election or, in the case of school district, community college district, county board of education, or special district elections conducted on the first Tuesday after the first Monday in November of odd-numbered years, no later than the last Monday before the last Friday of that month. +(b) The elections official shall post the certified statement of the results of the election on his or her Internet Web site in a downloadable spreadsheet format that may include, but is not limited to, a comma-separated values file or a tab-separated values file and that is compatible with a spreadsheet software application that is widely used at the time of the posting. The certified statement of the election results shall be posted and maintained on the elections official’s Internet Web site for a period of at least 22 months following the election. This subdivision shall apply only to an elections official who uses a computer system that has the capability of producing the election results in a downloadable spreadsheet format without requiring modification of the computer system. +SEC. 3. +Section 19204.7 is added to the Elections Code, to read: +19204.7. +After December 31, 2017, the Secretary of State shall not certify or conditionally approve any voting system that is not capable of all of the following: +(1) Generating the information described in paragraph (1) of subdivision (a) of Section 15151.5 in both downloadable spreadsheet and Election Markup Language (EML) formats. The spreadsheet may include a comma-separated values file or a tab-separated values file that is compatible with a spreadsheet software application widely used at the time of the posting. +(2) Enabling data to be transferred from the system to an external digital medium so that the data can safely be transferred to a computer connected to the Internet. +SEC. 3. +SEC. 4. +Section 19216.5 is added to the Elections Code, to read: +19216.5. +A county elections official of a county that could comply with Section 15151.5 if its voting system were modified +shall +shall, by December 31, 2017, +propose a modification to the Secretary of State for approval pursuant to Section 19216. +SEC. 4. +SEC. 5. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires an elections official to transmit the semifinal official results to the Secretary of State following commencement of the semifinal official canvass. After the official canvass, existing law requires an elections official to prepare a certified statement of the results of the election and submit it to the governing body. The elections official must also post the certified statement of the results on his or her Internet Web site in a downloadable spreadsheet format that may include a comma-separated values file or a tab-separated values file and that is compatible with a spreadsheet software application that is widely used at the time of the posting. Existing law requires the certified statement of the election results to be posted and maintained on the elections official’s Internet Web site for a period of at least 10 years following the election. +This bill would require a county with the technical capacity to do so to post the information contained in the statement of the results, as well as other available election data, on its Internet Web site beginning on election night and continuing as specified until the election results are certified. This bill would require the county to post this information in downloadable spreadsheet and Election Markup Language (EML) formats, as specified. This bill would also decrease to 22 months the amount of time the certified statement of election results must be posted and maintained on the elections official’s Internet Web site. +This bill would also require a county elections official to propose a modification of its voting system to the Secretary of State +by December 31, 2017, +for approval if modification of that system would enable the county to post required information on its Internet Web site immediately following the election, as specified. +Existing law requires the Secretary of State to certify or conditionally approve a voting system prior to any election at which it is to be used, as specified. Existing law specifically prohibits the Secretary of State from certifying or conditionally approving a voting system that lacks certain features. +This bill would in addition prohibit the Secretary of State from certifying or conditionally approving a voting system after December 31, 2017, that is not capable of generating information contained in the statement of the result in both downloadable spreadsheet and Election Markup Language (EML) formats and enabling data to be transferred from this system to an external digital medium, as specified. +By imposing additional obligations on county elections officials, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 15372 of, and to add Sections +15151.5 and +15151.5, 19204.7, and +19216.5 to, the Elections Code, relating to elections." +1217,"The people of the State of California do enact as follows: + + +SECTION 1. +It is the intent of the Legislature in enacting this section to increase the transparency of fees paid by public investment funds to alternative investment vehicles. Public investment funds pay significant fees to alternative investment vehicles and do not have sufficient information regarding the character and amount of those fees. As fiduciaries, public investment fund trustees have a duty to maximize investment returns in order to ensure promised benefits are adequately funded and to minimize taxpayer costs. Because fees paid to alternative investment vehicles reduce returns, public investment fund trustees need to be able to see and understand all of the fees they are charged. +SEC. 2. +Section 7514.7 is added to the Government Code, to read: +7514.7. +(a) Every public investment fund shall require each alternative investment vehicle in which it invests to make the following disclosures at least annually: +(1) The fees and expenses that the public investment fund pays directly to the alternative investment vehicle, the fund manager, or related parties. +(2) The public investment fund’s pro rata share of fees and expenses not included in paragraph (1) that are paid from the alternative investment vehicle to the fund manager or related parties. The public investment fund may independently calculate this information based on information contractually required to be provided by the alternative investment vehicle to the public investment fund. If the public investment fund independently calculates this information, then the alternative investment vehicle shall not be required to provide the information identified in this paragraph. +(3) The public investment fund’s pro rata share of carried interest distributed to the fund manager or related parties. +(4) The public investment fund’s pro rata share of aggregate fees and expenses paid by all of the portfolio companies held within the alternative investment vehicle to the fund manager or related parties. +(5) Any additional information described in subdivision (b) of Section 6254.26. +(b) Every public investment fund shall disclose the information provided pursuant to subdivision (a) at least once annually in a report presented at a meeting open to the public. The public investment fund’s report required pursuant to this subdivision shall also include the gross and net rate of return of each alternative investment vehicle, since inception, in which the public investment fund participates. The public investment fund may report the gross and net rate of return and information required by subdivision (a) based on its own calculations or based on calculations provided by the alternative investment vehicle. +(c) For purposes of this section: +(1) “Alternative investment” means an investment in a private equity fund, venture fund, hedge fund, or absolute return fund. +(2) “Alternative investment vehicle” means the limited partnership, limited liability company, or similar legal structure through which a public investment fund invests in an alternative investment. +(3) “Fund manager” means the general partner, managing manager, adviser, or other person or entity with primary investment decisionmaking authority over an alternative investment vehicle and related parties of the fund manager. +(4) “Carried interest” means any share of profits from an alternative investment vehicle that is distributed to a fund manager, general partner, or related parties, including allocations of alternative investment vehicle profits received by a fund manager in consideration of having waived fees that it might otherwise have been entitled to receive. +(5) “Portfolio companies” means individual portfolio investments made by the alternative investment vehicle. +(6) “Gross rate of return” means the internal rate of return for the alternative investment vehicle prior to the reduction of fees and expenses described in subdivision (a). +(7) “Public investment fund” means any fund of any public pension or retirement system, including that of the University of California. +(8) “Operational person” means any operational partner, senior advisor, or other consultant or employee whose primary activity for a relevant entity is to provide operational or back office support to any portfolio company of any alternative investment vehicle, account, or fund managed by a related person. +(9) “Related person” means any current or former employee, manager, or partner of any related entity that is involved in the investment activities or accounting and valuation functions of the relevant entity or any of their respective family members. +(10) “Related party” means: +(A) Any related person. +(B) Any operational person. +(C) Any entity more than 10 percent of the ownership of which is held directly or indirectly, whether through other entities or trusts, by a related person or operational person regardless if the related person or operational person participates in the carried interest received by the general partner or the special limited partner. +(D) Any consulting, legal, or other service provider regularly engaged by portfolio companies of an alternative investment vehicle, account, or fund managed by a related person and that also provides advice or services to any related person or relevant entity. +(11) “Relevant entity” means the general partner, any separate carry vehicle, the investor advisor, any of the investment advisor’s parent or subsidiary entities, or any similar entity related to any other alternative investment vehicle, account, or fund advised or managed by any current or former related person. +(d) (1) This section shall apply to all new contracts the public investment fund enters into on or after January 1, 2017, and to all existing contracts pursuant to which the public investment fund makes a new capital commitment on or after January 1, 2017. +(2) With respect to existing contracts not covered by paragraph (1), the public investment fund shall undertake reasonable efforts to obtain the information described in subdivision (a) and comply with the reporting requirements contained in subdivision (b) with respect to any information obtained after January 1, 2017. +SEC. 3. +The Legislature finds and declares that Section 2 of this act, which adds Section 7514.7 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: +The information in the disclosures required under subdivisions (a) and (b) of Section 7514.7 of the Government Code is necessary to ensure public confidence in the integrity of investments made by retirement boards pursuant to alternative investment vehicles. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","The California Constitution commits to the retirement board of a public pension or retirement system plenary authority and fiduciary responsibility for investment of moneys and administration of the system. Existing law requires a retirement board to develop and implement a policy requiring disclosure of payments to placement agents, as defined, in connection with system investments in or through external managers that includes prescribed elements. Existing law requires disclosure of campaign contributions or gifts made by a placement agent to any member of a public pension retirement board, as specified. Existing law requires a public retirement system to obtain an actuarial valuation of the system not less than triennially and submit audited financial statements to the State Controller who then publishes a report on the financial condition of public retirement systems. +This bill, for new contracts entered into on and after January 1, 2017, and for existing contracts for which a new capital commitment is made on or after January 1, 2017, would require a public investment fund, as defined, to require alternative investment vehicles, as defined, to make specified disclosures regarding fees, expenses, and carried interest in connection with these vehicles and the underlying investments, as well as other specified information. Consistent with requirements relating to public records, the bill would require a public investment fund to disclose the information received in connection with alternative investment vehicles and the gross and net rate of return of each alternative investment vehicle, as specified, at least once annually at a meeting open to the public. The bill would require a public investment fund to undertake reasonable efforts to obtain the above-mentioned information for any existing contract for which the public investment fund has not made a new capital commitment on or after January 1, 2017. The bill would make a statement of legislative intent. Because this bill would impose new requirements on local entities relating to the collection of information and its presentation at an open meeting, it would impose a state-mandated local program. +The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. +This bill would make legislative findings to that effect. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 7514.7 to the Government Code, relating to retirement." +1218,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 51225.3 of the Education Code, as amended by Section 1 of Chapter 888 of the Statutes of 2014, is amended to read: +51225.3. +(a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school: +(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified: +(A) Three courses in English. +(B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35. +(C) Two courses in science, including biological and physical sciences. +(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics. +(E) One course in visual or performing arts, foreign language, or, commencing with the 2012–13 school year, career technical education. +(i) For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language. +(ii) For purposes of this subparagraph, “a course in career technical education” means a course in a district-operated career technical education program that is aligned to the career technical model curriculum standards and framework adopted by the state board, including courses through a regional occupational center or program operated by a county superintendent of schools or pursuant to a joint powers agreement. +(iii) This subparagraph does not require a school or school district that currently does not offer career technical education courses to start new career technical education programs for purposes of this section. +(iv) If a school district or county office of education elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the governing board of the school district or county office of education, before offering that alternative to pupils, shall notify parents, teachers, pupils, and the public at a regularly scheduled meeting of the governing board of all of the following: +(I) The intent to offer career technical education courses to fulfill the graduation requirement specified in this subparagraph. +(II) The impact that offering career technical education courses, pursuant to this subparagraph, will have on the availability of courses that meet the eligibility requirements for admission to the California State University and the University of California, and whether the career technical education courses to be offered pursuant to this subparagraph are approved to satisfy those eligibility requirements. If a school district elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the school district shall comply with subdivision (m) of Section 48980. +(III) The distinction, if any, between the high school graduation requirements of the school district or county office of education, and the eligibility requirements for admission to the California State University and the University of California. +(F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code. +(2) Other coursework requirements adopted by the governing board of the school district. +(b) +(1) +The governing +board, +board of a school district, +with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public. +(2) The alternative means may also include, but are not required to include, online advanced placement courses that are approved by the College Board. A school district may contract with a provider of the approved online advanced placement courses to provide the courses free of charge to its pupils. +(c) On or before July 1, 2017, the department shall submit a comprehensive report to the appropriate policy committees of the Legislature on the addition of career technical education courses to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a), including, but not limited to, the following information: +(1) A comparison of the pupil enrollment in career technical education courses, foreign language courses, and visual and performing arts courses for the 2005–06 to 2011–12 school years, inclusive, to the pupil enrollment in career technical education courses, foreign language courses, and visual and performing arts courses for the 2012–13 to 2016–17 school years, inclusive. +(2) The reasons, reported by school districts, that pupils give for choosing to enroll in a career technical education course to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a). +(3) The type and number of career technical education courses that were conducted for the 2005–06 to 2011–12 school years, inclusive, compared to the type and number of career technical education courses that were conducted for the 2012–13 to 2016–17 school years, inclusive. +(4) The number of career technical education courses that satisfied the subject matter requirements for admission to the University of California or the California State University. +(5) The extent to which the career technical education courses chosen by pupils are aligned with the California Career Technical Education Standards, and prepare pupils for employment, advanced training, and postsecondary education. +(6) The number of career technical education courses that also satisfy the visual and performing arts requirement, and the number of career technical education courses that also satisfy the foreign language requirement. +(7) Annual pupil dropout and graduation rates for the 2011–12 to 2014–15 school years, inclusive. +(d) For purposes of completing the report described in subdivision (c), the Superintendent may use existing state resources and federal funds. If state or federal funds are not available or sufficient, the Superintendent may apply for and accept grants, and receive donations and other financial support from public or private sources for purposes of this section. +(e) For purposes of completing the report described in subdivision (c), the Superintendent may accept support, including, but not limited to, financial and technical support, from high school reform advocates, teachers, chamber organizations, industry representatives, research centers, parents, and pupils. +(f) This section shall become inoperative on the earlier of the following two dates: +(1) On July 1, immediately following the first fiscal year after the enactment of the act that adds this paragraph in which the number of career technical education courses that, as determined by the department, satisfy the foreign language requirement for admission to the California State University and the University of California is at least twice the number of career technical education courses that meet these admission requirements as of January 1, 2012. This section shall be repealed on the following January 1, unless a later enacted statute, that becomes operative on or before that date, deletes or extends the dates on which it becomes inoperative and is repealed. It is the intent of the Legislature that new career technical education courses that satisfy the foreign language requirement for admission to the California State University and the University of California focus on world languages aligned with career preparation, emphasizing real-world application and technical content in related career and technical education courses. +(2) On July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. +SEC. 2. +Section 51225.3 of the Education Code, as amended by Section 2 of Chapter 888 of the Statutes of 2014, is amended to read: +51225.3. +(a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school: +(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified: +(A) Three courses in English. +(B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35. +(C) Two courses in science, including biological and physical sciences. +(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics. +(E) One course in visual or performing arts or foreign language. For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language. +(F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code. +(2) Other coursework requirements adopted by the governing board of the school district. +(b) +(1) +The governing +board, +board of a school district, +with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public. +(2) The alternative means may also include, but are not required to include, online advanced placement courses that are approved by the College Board. A school district may contract with a provider of the approved online advanced placement courses to provide the courses free of charge to its pupils. +(c) If a pupil completed a career technical education course that met the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, as amended by the act adding this section, before the inoperative date of that section, that course shall be deemed to fulfill the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of this section. +(d) This section shall become operative upon the date that Section 51225.3, as amended by the act adding this section, becomes inoperative. +SECTION 1. +It is the intent of the Legislature to enact legislation relating to public elementary and secondary education in this state.","Existing law sets forth the courses a pupil is required to complete while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. The governing board of a school district is required to adopt alternative means for pupils to complete the prescribed course of study for high school graduation. Those alternative means may include, among other things, career technical education classes offered in high schools and courses offered by regional occupational centers or programs. +This bill would authorize those alternative means to include online advanced placement courses that are approved by the College Board. The bill would also authorize a school district to contract with a provider of the approved online advanced placement courses to provide the courses free of charge to its pupils. +Existing law establishes a system of public elementary and secondary education in this state. Under this system, local educational agencies are authorized to operate public schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. +This bill would express the intent of the Legislature to enact legislation relating to public elementary and secondary education in this state.","An act +relating to public elementary and secondary education. +to amend Section 51225.3 of the Education Code, relating to pupil instruction." +1219,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1205 of the Penal Code is amended to read: +1205. +(a) A judgment that the defendant pay a fine, with or without other punishment, may also direct that he or she be imprisoned until the fine is satisfied and may further direct that the imprisonment begin at and continue after the expiration of any imprisonment imposed as a part of the punishment or of any other imprisonment to which the defendant may have been sentenced. The judgment shall specify the term of imprisonment for nonpayment of the fine, which shall not be more than one day for each one hundred twenty-five dollars ($125) of the base fine, nor exceed the term for which the defendant may be sentenced to imprisonment for the offense of which he or she has been convicted. A defendant held in custody for nonpayment of a fine shall be entitled to credit on the fine for each day he or she is held in custody, at the rate specified in the judgment. When the defendant has been convicted of a misdemeanor, a judgment that the defendant pay a fine may also direct that he or she pay the fine within a limited time or in installments on specified dates, and that in default of payment as stipulated he or she be imprisoned in the discretion of the court either until the defaulted installment is satisfied or until the fine is satisfied in full; but unless the direction is given in the judgment, the fine shall be payable. If an amount of the base fine is not satisfied by jail credits, or by community service, the penalties and assessments imposed on the base fine shall be reduced by the percentage of the base fine that was satisfied. +(b) Except as otherwise provided in case of fines imposed, as a condition of probation, the defendant shall pay the fine to the clerk of the court, or to the judge if there is no clerk, unless the defendant is taken into custody for nonpayment of the fine, in which event payments made while he or she is in custody shall be made to the officer who holds the defendant in custody, and all amounts paid shall be paid over by the officer to the court that rendered the judgment. The clerk shall report to the court every default in payment of a fine or any part of that fine, or if there is no clerk, the court shall take notice of the default. If time has been given for payment of a fine or it has been made payable in installments, the court shall, upon any default in payment, immediately order the arrest of the defendant and order him or her to show cause why he or she should not be imprisoned until the fine or installment is satisfied in full. If the fine or installment is payable forthwith and it is not paid, the court shall, without further proceedings, immediately commit the defendant to the custody of the proper officer to be held in custody until the fine or installment is satisfied in full. +(c) This section applies to any violation of any of the codes or statutes of this state punishable by a fine or by a fine and imprisonment. +(d) Nothing in this section shall be construed to prohibit the clerk of the court, or the judge if there is no clerk, from turning these accounts over to another county department or a collecting agency for processing and collection. +(e) The defendant shall pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account. The defendant shall pay to the clerk of the court or the collecting agency the fee established for the processing of the accounts receivable that are not to be paid in installments. The fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account, except that the fee shall not exceed thirty dollars ($30). +(f) This section shall not apply to restitution fines and restitution orders. +SEC. 2. +Section 2900.5 of the Penal Code is amended to read: +2900.5. +(a) In all felony and misdemeanor convictions, either by plea or by verdict, when the defendant has been in custody, including, but not limited to, any time spent in a jail, camp, work furlough facility, halfway house, rehabilitation facility, hospital, prison, juvenile detention facility, or similar residential institution, all days of custody of the defendant, including days served as a condition of probation in compliance with a court order, credited to the period of confinement pursuant to Section 4019, and days served in home detention pursuant to Section 1203.016 or 1203.018, shall be credited upon his or her term of imprisonment, or credited to any base fine that may be imposed, at the rate of not less than one hundred twenty-five dollars ($125) per day, or more, in the discretion of the court imposing the sentence. If the total number of days in custody exceeds the number of days of the term of imprisonment to be imposed, the entire term of imprisonment shall be deemed to have been served. In any case where the court has imposed both a prison or jail term of imprisonment and a fine, any days to be credited to the defendant shall first be applied to the term of imprisonment imposed, and thereafter the remaining days, if any, shall be applied to the base fine. If an amount of the base fine is not satisfied by jail credits, or by community service, the penalties and assessments imposed on the base fine shall be reduced by the percentage of the base fine that was satisfied. +(b) For the purposes of this section, credit shall be given only where the custody to be credited is attributable to proceedings related to the same conduct for which the defendant has been convicted. Credit shall be given only once for a single period of custody attributable to multiple offenses for which a consecutive sentence is imposed. +(c) For the purposes of this section, “term of imprisonment” includes any period of imprisonment imposed as a condition of probation or otherwise ordered by a court in imposing or suspending the imposition of any sentence, and also includes any term of imprisonment, including any period of imprisonment prior to release on parole and any period of imprisonment and parole, prior to discharge, whether established or fixed by statute, by any court, or by any duly authorized administrative agency. +(d) It is the duty of the court imposing the sentence to determine the date or dates of any admission to, and release from, custody prior to sentencing and the total number of days to be credited pursuant to this section. The total number of days to be credited shall be contained in the abstract of judgment provided for in Section 1213. +(e) It is the duty of any agency to which a person is committed to apply the credit provided for in this section for the period between the date of sentencing and the date the person is delivered to the agency. +(f) If a defendant serves time in a camp, work furlough facility, halfway house, rehabilitation facility, hospital, juvenile detention facility, similar residential facility, or home detention program pursuant to Section 1203.016, 1203.017, or 1203.018, in lieu of imprisonment in a county jail, the time spent in these facilities or programs shall qualify as mandatory time in jail. +(g) Notwithstanding any other provision of this code as it pertains to the sentencing of convicted offenders, this section does not authorize the sentencing of convicted offenders to any of the facilities or programs mentioned herein.","Existing law permits a judgment against a criminal defendant that orders the defendant to pay a fine, other than a restitution fine or order, to also direct that he or she be imprisoned until the fine is satisfied. Existing law requires the judgment to specify the term of imprisonment for nonpayment of the fine, and prohibits that term from exceeding one day for each $125 of the fine, or exceeding the term for which the defendant may be sentenced for the offense of which he or she has been convicted. +This bill would prohibit the term of imprisonment for nonpayment of a fine from exceeding one day for each $125 of the base fine or the term for which the defendant may be sentenced. The bill would require the penalties and assessments imposed on the base fine, if an amount of the base fine is not satisfied by jail credits or community service, to be reduced by the percentage of the base fine that was satisfied. +Existing law also requires that in all felony and misdemeanor convictions, when the defendant has been in custody, that all days of custody of the defendant, as specified, are to be credited upon his or her term of imprisonment, or credited to any fine, on a proportional basis, that may be imposed, at the rate of not less than $125 per day, in the discretion of the court imposing the sentence. +This bill would specify that the rate of credit under those provisions be credited to the term of imprisonment of the defendant or credited to the base fine that may be imposed. The bill would require the penalties and assessments imposed on the base fine, if an amount of the base fine is not satisfied by jail credits or community service, to be reduced by the percentage of the base fine that was satisfied.","An act to amend Sections 1205 and 2900.5 of the Penal Code, relating to criminal penalties." +1220,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6253.2 of the Government Code, as amended by Section 1 of Chapter 37 of the Statutes of 2013, is amended to read: +6253.2. +(a) Notwithstanding any other provision of this chapter to the contrary, information regarding persons paid by the state to provide in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, or services provided pursuant to Section 14132.95, 14132.952, or 14132.956 of the Welfare and Institutions Code, is not subject to public disclosure pursuant to this chapter, except as provided in subdivision (b). +(b) Copies of names, addresses, home telephone numbers, and personal cellular telephone numbers of persons described in subdivision (a) shall be made available, upon request, to an exclusive bargaining agent and to any labor organization seeking representation rights pursuant to Section 12301.6 or 12302.25 of the Welfare and Institutions Code or the In-Home Supportive Services Employer-Employee Relations Act (Title 23 (commencing with Section 110000)). This information shall not be used by the receiving entity for any purpose other than the employee organizing, representation, and assistance activities of the labor organization. +(c) This section applies solely to individuals who provide services under the In-Home Supportive Services Program (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code), the Personal Care Services Program pursuant to Section 14132.95 of the Welfare and Institutions Code, the In-Home Supportive Services Plus Option pursuant to Section 14132.952 of the Welfare and Institutions Code, or the Community First Choice Option pursuant to Section 14132.956 of the Welfare and Institutions Code. +(d) Nothing in this section is intended to alter or shall be interpreted to alter the rights of parties under the In-Home Supportive Services Employer-Employee Relations Act (Title 23 (commencing with Section 110000)) or any other labor relations law. +(e) This section shall be inoperative if the Coordinated Care Initiative becomes inoperative pursuant to Section 34 of the act that added this subdivision. +SEC. 2. +Section 6253.2 of the Government Code, as amended by Section 2 of Chapter 37 of the Statutes of 2013, is amended to read: +6253.2. +(a) Notwithstanding any other provision of this chapter to the contrary, information regarding persons paid by the state to provide in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code or personal care services pursuant to Section 14132.95 of the Welfare and Institutions Code, is not subject to public disclosure pursuant to this chapter, except as provided in subdivision (b). +(b) Copies of names, addresses, home telephone numbers, and personal cellular telephone numbers of persons described in subdivision (a) shall be made available, upon request, to an exclusive bargaining agent and to any labor organization seeking representation rights pursuant to subdivision (c) of Section 12301.6 or Section 12302.25 of the Welfare and Institutions Code or Chapter 10 (commencing with Section 3500) of Division 4 of Title 1. This information shall not be used by the receiving entity for any purpose other than the employee organizing, representation, and assistance activities of the labor organization. +(c) This section applies solely to individuals who provide services under the In-Home Supportive Services Program (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code) or the Personal Care Services Program pursuant to Section 14132.95 of the Welfare and Institutions Code. +(d) Nothing in this section is intended to alter or shall be interpreted to alter the rights of parties under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4) or any other labor relations law. +(e) This section shall be operative only if Section 1 of the act that added this subdivision becomes inoperative pursuant to subdivision (e) of that section. +SEC. 3. +Section 6254.3 of the Government Code is amended to read: +6254.3. +(a) The home addresses, home telephone numbers, personal cellular telephone numbers, and birth dates of all employees of a public agency shall not be deemed to be public records and shall not be open to public inspection, except that disclosure of that information may be made as follows: +(1) To an agent, or a family member of the individual to whom the information pertains. +(2) To an officer or employee of another public agency when necessary for the performance of its official duties. +(3) To an employee organization pursuant to regulations and decisions of the Public Employment Relations Board, except that the home addresses and any phone numbers on file with the employer of employees performing law enforcement-related functions, and the birth date of any employee, shall not be disclosed. +(4) To an agent or employee of a health benefit plan providing health services or administering claims for health services to public agencies and their enrolled dependents, for the purpose of providing the health services or administering claims for employees and their enrolled dependents. +(b) Upon written request of any employee, a public agency shall not disclose the employee’s home address, home telephone number, personal cellular telephone number, or birth date pursuant to paragraph (3) of subdivision (a) and an agency shall remove the employee’s home address, home telephone number, and personal cellular telephone number from any mailing list maintained by the agency, except if the list is used exclusively by the agency to contact the employee. +SEC. 4. +The Legislature finds and declares that Sections 1, 2, and 3 of this act, which amend Sections 6253.2 and 6254.3 of the Government Code, impose a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +In order to protect the privacy and well-being of state and local employees, it is necessary to limit access to their personal and emergency contact information. +SEC. 5. +The Legislature finds and declares that Sections 1, 2, and 3 of this act, which amend Sections 6253.2 and 6254.3 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: +In protecting the privacy and well-being of state and local employees, by appropriately limiting general access to their personal and emergency contact information, this bill furthers the purpose of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. +SEC. 6. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","Existing law, California Public Records Act, requires that public records are open to inspection, subject to various exceptions. The act excepts from public inspection the home addresses and home telephone numbers of state employees and employees of a school district or county office of education, provided that disclosure can be made in specified instances, including to an employee organization. +This bill would, with certain exceptions, extend the limitation on the disclosure of the personal information described above to all employees of a public agency and would extend the limitation to include personal cellular telephone numbers and birth dates. By increasing the duties of local officials, this bill would impose a state-mandated local program. +Existing law additionally excepts from public inspection specified information regarding persons paid by the state to provide in-home supportive services. Existing law requires copies of names, addresses, and telephone numbers of those persons to be made available, upon request, to an exclusive bargaining agent and to any labor organization seeking representation rights, as specified. +This bill would additionally require personal cellular telephone numbers of those persons to be made available to an exclusive bargaining agent and to any labor organization seeking representation rights. +Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect. +The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. +This bill would make legislative findings to that effect. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 6253.2 and 6254.3 of the Government Code, relating to public records." +1221,"The people of the State of California do enact as follows: + + +SECTION 1. +The Legislature hereby finds and declares all of the following: +(a) California is a leader in protecting civil rights and preventing discrimination. +(b) California’s robust nondiscrimination laws include protections on the basis of religion, race, national origin, sex, sexual orientation, gender identity, gender expression, and disability, among other characteristics. +(c) California’s strong public policy against unlawful discrimination is reflected in numerous statutes. The California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code) and the Unruh Civil Rights Act (Section 51 of the Civil Code) prohibit unlawful discrimination in employment, housing, public accommodation, and services provided by business establishments on the basis of certain personal characteristics, such as sex, race, color, religion, ancestry, national origin, age, disability, medical condition, genetic information, marital status, or sexual orientation. Section 11135 of the Government Code specifically prohibits unlawful discrimination on the basis of many of these same characteristics in the conduct, operation, or administration of any program or activity that is by the state or by any state agency, funded directly by the state, or receives any financial assistance from the state. +(d) California’s Public Contract Code similarly affirms these nondiscrimination policies and prohibits a state agency from entering into certain contracts with any contractor unless the contractor complies with all appropriate state laws concerning wages, workplace safety, rights to association and assembly, and nondiscrimination standards as well as appropriate federal laws. +(e) Both freedom of speech and religion are cornerstones of law and public policy in the United States, and the Legislature strongly supports and affirms these important freedoms. +(f) The exercise of one’s First Amendment rights is not a justification for engaging in acts of unlawful discrimination. +(g) California must take action to avoid supporting or financing unlawful discrimination against protected classes. +(h) It is the policy of the State of California to promote fairness and equality and to combat unlawful discrimination and if California hopes to remain a national leader on behalf of these communities, action must be taken to recognize that discriminatory laws and policies are unacceptable for California’s partners in business. +(i) California has significant influence in the marketplace. The state at times operates not as a market regulator, but as a market participant, and in this latter role it may determine that companies engaging in discriminatory actions in the conduct and operation of their business adversely affects the state’s procurement activities and places the state in a position of supporting activities that could be seen as a violation of the nondiscrimination policies of the State of California. +(j) It is the intent of the Legislature to ensure that taxpayer funds are not used to do business with or otherwise support any state or private entity that engages in discriminatory actions against individuals under the pretext of exercising First Amendment rights. This includes, but is not limited to, discriminatory actions taken against individuals of the Jewish faith under the pretext of a constitutionally protected boycott or protest of the State of Israel. +(k) It is the intent of the Legislature to ensure that taxpayer funds are not used to do business with or support discriminatory actions against any individuals. +SEC. 2. +Section 2010 is added to the Public Contract Code, to read: +2010. +A person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of one hundred thousand dollars ($100,000) or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, all of the following: +(a) That they are in compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code). +(b) That they are in compliance with the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code). +(c) (1) That any policy that they have against any sovereign nation or peoples recognized by the government of the United States, including, but not limited to, the nation and people of Israel, is not used to discriminate in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code). +(2) Any policy adopted by a person or actions taken thereunder that are reasonably necessary to comply with federal or state sanctions or laws affecting sovereign nations or their nationals shall not be construed as unlawful discrimination in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code. +SEC. 3. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law governs the procurement process for contracts of specified public entities. Existing law, the Unruh Civil Rights Act, states that all persons within this state are free and equal and, no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. +This bill would, with certain exceptions, require a person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of $100,000 or more to certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed that they are in compliance with the Unruh Civil Rights Act and the California Fair Employment and Housing Act, and that any policy that they have adopted against any sovereign nation or peoples recognized by the government of the United States, including, but not limited to, the nation and people of Israel, is not used to discriminate in violation of the Unruh Civil Rights Act or the California Fair Employment and Housing Act. By requiring a person to certify under penalty of perjury, this bill would expand the definition of a crime, thereby imposing a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 2010 to the Public Contract Code, relating to public contracts." +1222,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) All pupils deserve and need safe and supportive school environments in which to learn. +(2) Pupils who are Muslim, Sikh, or of South Asian descent often face verbal, physical, or online harassment, all of which have significant effects on their academic achievement and mental health. +(3) Recent reports indicate that more than half of Muslim and Sikh pupils in California report that they have faced verbal threats or insults, cyberbullying, or physical assaults. +(4) The federal government has recognized the harm that is caused by such bullying, and has called upon Muslim parents to contact the United States Department of Justice or the United States Department of Education if their children are bullied at school. The White House has initiated the Asian American and Pacific Islander Bullying Prevention Task Force in response to concerns about the bullying of Muslim, Sikh, and Asian American pupils. +(5) Multiple studies demonstrate that pupils who face bullying suffer academically. Bullying is also linked to negative outcomes, including impacts on mental health, substance use, and suicide. +(6) Research demonstrates that Muslim, Sikh, and other pupils who face hate-based bias and bullying in school do not report these incidents to school staff, primarily because they believe that school staff are not trained to address these issues. +(7) Creating supportive learning environments improves pupil performance. +(8) The United States Department of Education provides numerous resources for schools to support pupils who are facing bullying due to their religion, race, or national origin. These resources were highlighted in an open letter dated December 31, 2015, and sent by the United States Secretary of Education to education administrators throughout the nation. +(b) The Legislature therefore encourages school districts, county offices of education, and charter schools to provide information on existing schoolsite and community resources to educate teachers, administrators, and other school staff on the support of Muslim, Sikh, and other pupils who may face anti-Muslim bias and bullying, as required by subdivision (d) of Section 234.1 of the Education Code. +SEC. 2. +Section 234.1 of the Education Code is amended to read: +234.1. +The department, pursuant to subdivision (b) of Section 64001, shall monitor adherence to the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter as part of its regular monitoring and review of local educational agencies, commonly known as the Categorical Program Monitoring process. The department shall assess whether local educational agencies have done all of the following: +(a) Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics set forth in Section 422.55 of the Penal Code and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy shall include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district. +(b) Adopted a process for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying based on any of the actual or perceived characteristics set forth in Section 422.55 of the Penal Code and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The complaint process shall include, but not be limited to, all of the following: +(1) A requirement that, if school personnel witness an act of discrimination, harassment, intimidation, or bullying, they shall take immediate steps to intervene when safe to do so. +(2) A timeline to investigate and resolve complaints of discrimination, harassment, intimidation, or bullying that shall be followed by all schools under the jurisdiction of the school district. +(3) An appeal process afforded to the complainant should he or she disagree with the resolution of a complaint filed pursuant to this section. +(4) All forms developed pursuant to this process shall be translated pursuant to Section 48985. +(c) Publicized antidiscrimination, anti-harassment, anti-intimidation, and antibullying policies adopted pursuant to subdivision (a), including information about the manner in which to file a complaint, to pupils, parents, employees, agents of the governing board, and the general public. The information shall be translated pursuant to Section 48985. +(d) (1) Provided, incident to the publicizing described in subdivision (c), to certificated schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, who are employed by the local educational agency, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils, or related to the support of pupils who may face bias or bullying on the basis of religious affiliation, or perceived religious affiliation. +(2) As used in this subdivision, both of the following apply: +(A) Schoolsite resources may include, but are not limited to, peer support or affinity clubs and organizations, safe spaces for LGBTQ or other at-risk pupils, counseling services, staff who have received antibias or other training aimed at supporting these pupils or who serve as designated support to these pupils, health and other curriculum materials that are inclusive of, and relevant to, these pupils, online training developed pursuant to Section 32283.5, and other policies adopted pursuant to this article, including related complaint procedures. +(B) Community resources may include, but are not limited to, community-based organizations that provide support to LGBTQ or other at-risk pupils and their families, and physical and mental health providers with experience or training in treating or supporting these pupils. +(e) Posted the policy established pursuant to subdivision (a) in all schools and offices, including staff lounges and pupil government meeting rooms. +(f) Maintained documentation of complaints and their resolution for a minimum of one review cycle. +(g) Ensured that complainants are protected from retaliation and that the identity of a complainant alleging discrimination, harassment, intimidation, or bullying remains confidential, as appropriate. +(h) Identified a responsible local educational agency officer for ensuring school district or county office of education compliance with the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter. +(i) Nothing in this section shall be construed to require school employees to engage with religious institutions in the course of identifying community support resources pursuant to this section. +SEC. 3. +Section 234.5 of the Education Code is amended to read: +234.5. +(a) The Superintendent shall post, and annually update, on the department’s Internet Web site and provide to each school district a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, including school-based discrimination, harassment, intimidation, or bullying on the basis of religious affiliation, nationality, race, or ethnicity, or perceived religious affiliation, nationality, race, or ethnicity. +(b) The department’s Internet Web site shall also include a list of statewide resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home, at school, and in the community.","Existing law establishes the system of public elementary and secondary schools in this state, and provides for the establishment of local educational agencies to operate these schools and provide instruction to pupils. Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state. Existing law, the Safe Place to Learn Act, requires the State Department of Education, as part of its regular monitoring and review of a local educational agency, to assess whether the local educational agency has, among other things, adopted a policy that prohibits discrimination, harassment, intimidation, and bullying, as specified, and has publicized that policy to pupils, parents, employees, agents of the governing board, and the general public. +Existing law also requires the department to assess whether the local educational agency has provided to certificated schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning pupils, as specified. +This bill would express legislative findings and declarations relating to pupils who are subject to verbal, physical, and online harassment. The bill would add the support of pupils who face bias or bullying on the basis of religious affiliation, or perceived religious affiliation. +Existing law requires the Superintendent of Public Instruction to post, and annually update, on the department’s Internet Web site and provide to each school district a list of statewide resources, including community-based organizations, that provide support to youth who have been subjected to school-based discrimination, harassment, intimidation, or bullying, and their families. +This bill would instead provide that that list include statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying on the basis of religious affiliation, nationality, race, or ethnicity, or perceived religious affiliation, nationality, race, or ethnicity.","An act to amend Sections 234.1 and 234.5 of the Education Code, relating to school safety." +1223,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6253 of the Government Code is amended to read: +6253. +(a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. +(b) Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so. +(c) Each agency, upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records in the possession of the agency and shall promptly notify the person making the request of the determination and the reasons therefor. In unusual circumstances, the time limit prescribed in this section may be extended by written notice by the head of the agency or his or her designee to the person making the request, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched. No notice shall specify a date that would result in an extension for more than 14 days. When the agency dispatches the determination, and if the agency determines that the request seeks disclosable public records, the agency shall state the estimated date and time when the records will be made available. As used in this section, “unusual circumstances” means the following, but only to the extent reasonably necessary to the proper processing of the particular request: +(1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. +(2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request. +(3) The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein. +(4) The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data. +(d) Nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records. The notification of denial of any request for records required by Section 6255 shall set forth the names and titles or positions of each person responsible for the denial. +(e) Except as otherwise prohibited by law, a state or local agency may adopt requirements for itself that allow for faster, more efficient, or greater access to records than prescribed by the minimum standards set forth in this chapter. +(f) In addition to maintaining public records for public inspection during the office hours of the public agency, a public agency may comply with subdivision (a) by posting any public record on its Internet Web site and, in response to a request for a public record posted on the Internet Web site, directing a member of the public to the location on the Internet Web site where the public record is posted. However, if after the public agency directs a member of the public to the Internet Web site, the member of the public requesting the public record requests a copy of the public record due to an inability to access or reproduce the public record from the Internet Web site, the public agency shall promptly provide a copy of the public record pursuant to subdivision (b). +SEC. 2. +The Legislature finds and declares that Section 1 of this act, which amends Section 6253 of the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: +The state has a very strong interest in ensuring both the transparency of, and efficient use of limited resources by, public agencies. In order to protect this interest, it is necessary to allow public agencies that have already increased the public’s access to public records by posting public records on the public agencies’ Internet Web sites to refer requests for posted public records to these Internet Web sites. +SEC. 3. +The Legislature finds and declares that Section 1 of this act, which amends Section 6253 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: +Since this act would authorize local agencies to make disclosures of public records by posting the public records on their Internet Web sites, thus making public record disclosures by local agencies more quickly and cost effectively, this act furthers the purpose of Section 3 of Article I of the California Constitution.","(1) The California Public Records Act requires a public agency, defined to mean any state or local agency, to make its public records available for public inspection and to make copies available upon request and payment of a fee, unless the public records are exempt from disclosure. The act prohibits limitations on access to a public record based upon the purpose for which the public record is being requested if the public record is otherwise subject to disclosure, authorizes public agencies to adopt requirements that allow for faster, more efficient, or greater access to public records, and requires local agencies, except school districts, that voluntarily post public records on an open data Internet Resource, as defined, to post those public records in an open format that meets specified criteria. +This bill would authorize a public agency that posts a public record on its Internet Web site to refer a member of the public that requests to inspect the public record to the public agency’s Internet Web site where the public record is posted. This bill would require, if a member of the public requests a copy of the public record due to an inability to access or reproduce the public record from the Internet Web site where the public record is posted, the public agency to promptly provide a copy of the public record to the member of the public, as specified. +(2)  Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. +This bill would make legislative findings to that effect. +(3)The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. +This bill would make legislative findings to that effect.","An act to amend Section 6253 of the Government Code, relating to public records." +1224,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) In submitting this act to the electors, the Legislature finds and declares all of the following: +(1) The theft of firearms and receipt of stolen firearms pose dangers to public safety that are different in kind from other types of theft or the receipt of other types of stolen property. +(2) Many handguns have a value of less than $950. The threat to public safety in regard to stolen firearms goes above and beyond the monetary value of the firearm. +(3) Given the significant and particular threat to public safety in regard to stolen firearms, it is appropriate to restore the penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act +of 2014 +in regard to stolen firearms. +(b) It is not the intent of the Legislature in submitting this act to the electors to undermine the +voter’s +voters +’ +decision to decrease penalties for low-level theft and receiving stolen property, only to give the voters the opportunity to decide whether firearm thefts and the receipt of stolen firearms should be subject to penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act. +SEC. 2. +Section 490.2 of the Penal Code is amended to read: +490.2. +(a) Notwithstanding Section 487 or any other law defining grand theft, except as provided in subdivision (c), obtaining property by theft where the value of the money, labor, real property, or personal property taken does not exceed nine hundred fifty dollars ($950) is petty theft and shall be punished as a misdemeanor, except that the person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. +(b) This section does not apply to a theft that may be charged as an infraction pursuant to any other law. +(c) If the property taken is a firearm, the theft is grand theft in all cases, as specified in paragraph (2) of subdivision (d) of Section 487, and is punishable pursuant to subdivision (a) of Section 489. +SEC. 3. +Section 496 of the Penal Code is amended to read: +496. +(a) (1) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, except as provided in subdivision (e), if the value of the property does not exceed nine hundred fifty dollars ($950), the offense is a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if the person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. +(2) A principal in the actual theft of the property may be convicted pursuant to this section. However, a person may not be convicted both pursuant to this section and of the theft of the same property. +(b) (1) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. +(2) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor. +(c) A person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney’s fees. +(d) Notwithstanding Section 664, an attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170. +(e) Notwithstanding subdivision (a), a person who buys or receives a firearm that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding a firearm from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. +SEC. 4. +(a) Sections 2 and 3 of this act amend the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute, and shall become effective only when submitted to and approved by the voters at a statewide election. +(b) A special election is hereby called, to be held throughout the state on +June 7, +November 8, +2016, for approval by the voters of Sections 2 and 3 of this act. The special election shall be consolidated with the statewide +primary +general +election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election, and only one form of ballot shall be used. +(c) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit Sections 2 and 3 of this act to the voters for their approval at the +June 7, +November 8, +2016, statewide +primary +general +election. +SEC. 5. +This act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.","(1) The existing Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions. +The California Constitution authorizes the Legislature to amend an initiative statute by another statute that becomes effective only when approved by the electors. +This bill would amend that initiative statute by making the theft of a firearm grand theft in all cases and punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. +(2) Under existing law, a person who buys or receives property that has been stolen, knowing the property to be stolen, or who conceals, sells, withholds, or aids in concealing, selling, or withholding property from the owner, knowing the property to be stolen, is guilty of a misdemeanor or a felony, except that if the value of the property does not exceed $950, Proposition 47 makes the offense punishable as a misdemeanor if the defendant has not previously been convicted of one or more specified serious or violent felonies or +of +an offense requiring registration as a sex offender. +This bill would amend that initiative statute by making the buying or receiving of a stolen firearm, with knowledge that the property was stolen, or the concealing, selling, withholding, or aiding in concealing, selling, or withholding of a firearm, with knowledge that the property was stolen, a misdemeanor or a felony. +(3) This bill would call a special election to be consolidated with the +June 7, +November 8, +2016, statewide +primary +general +election. This bill would require the Secretary of State to submit the provisions of the bill that amend the initiative statute to the electors for their approval at the +June 7, +November 8, +2016, consolidated election. +This bill would declare that it is to take effect immediately as an act calling an election.","An act to amend Sections 490.2 and 496 of the Penal Code, relating to theft, and calling an election, to take effect immediately." +1225,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 17510.86 is added to the Business and Professions Code, to read: +17510.86. +(a) An Internet Web site produced by, or on behalf of, a charity that operates or engages in the solicitation for charitable purposes of funds or other property in this state shall include a prominent link on the home page of the Internet Web site that immediately directs all consumers to the Attorney General’s Internet Web site, which contains information about consumer rights and protections and charity research resources. +(b) A document produced by, or on behalf of, a charity for the solicitation for charitable purposes of funds or other property in this state shall include the Internet Web site address of the Attorney General’s Internet Web site, which contains information about consumer rights and protections and charity research resources. +(c) No later than July 1, 2017, the Attorney General shall develop and publish on the Attorney General’s Internet Web site, which contains information about charities, informational materials containing consumer rights and protections and charity research resources to allow donors to become informed about a charity before making a decision to give. +SECTION 1. +Section 17510.86 is added to the +Business and Professions Code +, to read: +17510.86. +(a)An Internet Web site produced by, or on behalf of, a charity that operates, or engages in the solicitation for charitable purposes of funds or other property, in this state shall comply with both of the following: +(1)The Internet Web site shall contain a financial disclosures Internet Web page, which shall include both of the following: +(A)A disclosure of the sum total of the salaries, other compensation, and employee benefits of the charity’s executive director and board of directors and all of the charity’s other administrative overhead expenses, as reported on the charity’s most recent Internal Revenue Service Form 990 filing. The disclosure shall be set forth in at least 14-point, bold, sans serif type font and shall be clear and conspicuous, as defined in Section 17601. +(B)A complete copy of the charity’s most recent Internal Revenue Service Form 990 filing. +(2)Each Internet Web page on the Internet Web site shall include a direct link to the financial disclosures Internet Web page required pursuant to paragraph (1). The direct link shall contain the phrase “Click here to read a full disclosure of the finances, including the salaries and expenses, of this organization,” shall be placed in the top right corner of each Internet Web page in at least 14-point, bold, sans serif type font, and shall be clear and conspicuous, as defined in Section 17601. +(b)(1)A document produced by, or on behalf of, a charity for the solicitation for charitable purposes of funds or other property in this state shall include a disclosure statement indicating the percentage of the charity’s funding that is spent on the sum total of the salaries, other compensation, and employee benefits of the charity’s executive director and board of directors and all of the charity’s other administrative overhead expenses, as reported on the charity’s most recent Internal Revenue Service Form 990 filing. +(2)The disclosure statement shall be printed on the first page of the document in at least 14-point, bold, sans serif type font and shall be clear and conspicuous, as defined in Section 17601. +(c)The Attorney General may enforce this section by taking any of the following actions against a charity that provides false information or otherwise violates this section: +(1)Directing the Franchise Tax Board to suspend or revoke the charity’s exemption from the taxes imposed by the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code). The suspension or revocation shall become effective immediately upon receipt by the Franchise Tax Board, and the Franchise Tax Board shall reinstate the exemption only upon subsequent notification by the Attorney General that the charity is in compliance with this section. +(2)Refusing to register, or revoking or suspending the registration of, a charity pursuant to the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code). +(3)Taking any other enforcement action pursuant to the Attorney General’s existing powers and duties. +SEC. 2. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires a solicitor or seller, prior to any solicitation or sales solicitation for charitable purposes, to provide the prospective donor or purchaser with certain disclosures, including, among others, the name and address of the combined campaign, each organization or fund on behalf of which money collected will be utilized, and the percentage of the total gift or purchase price that may be deducted as a charitable contribution under both federal and state law. Under existing law, a violation of certain advertising restrictions, including charitable solicitation requirements, is a crime. +This bill would require an Internet Web site produced by, or on behalf of, a +charity +Clarity, as specified, +to contain +an Internet Web page that includes a disclosure of the charity’s administrative overhead expenses and a copy of the charity’s most recent Internal Revenue Service Form 990 filing and would further require each Internet Web page on the Internet Web site to contain a direct link to that financial disclosures Internet Web page, as specified. The bill would also require a document produced by, or on behalf of, a charity for solicitation for charitable purposes to include a disclosure statement indicating the percentage of the charity’s funding spent on those administrative overhead expenses, as specified. +a prominent link to the Attorney General’s Internet Web site which contains information about consumer rights and protections and charity research resources. The bill would also require any solicitation document produced by a charity to also include the address for the Attorney General’s Internet Web site. +As a violation of these requirements would be a crime, this bill would impose a state-mandated local program. +This bill would authorize the Attorney General to enforce these requirements by directing the Franchise Tax Board to suspend or revoke a violating charity’s tax-exempt status, by suspending or revoking the registration of a violating charity, or by taking any other enforcement action pursuant to the Attorney General’s existing powers and duties, as specified. +The bill would, by July 1, 2017, require the Attorney General to develop and publish specified information regarding consumer rights and charities on the Attorney General’s Internet Web site. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 17510.86 to the Business and Professions Code, relating to charitable solicitations." +1226,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 38750 of the Vehicle Code is amended to read: +38750. +(a) For purposes of this division, the following definitions apply: +(1) “Autonomous technology” means technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator. +(2) (A) “Autonomous vehicle” means any vehicle equipped with autonomous technology that has been integrated into that vehicle. +(B) An autonomous vehicle does not include a vehicle that is equipped with one or more collision avoidance systems, including, but not limited to, electronic blind spot assistance, automated emergency braking systems, park assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar systems that enhance safety or provide driver assistance, but are not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator. +(3) “Department” means the Department of Motor Vehicles. +(4) An “operator” of an autonomous vehicle is the person who is seated in the driver’s seat, or, if there is no person in the driver’s seat, causes the autonomous technology to engage. +(5) A “manufacturer” of autonomous technology is the person as defined in Section 470 that originally manufactures a vehicle and equips autonomous technology on the originally completed vehicle or, in the case of a vehicle not originally equipped with autonomous technology by the vehicle manufacturer, the person that modifies the vehicle by installing autonomous technology to convert it to an autonomous vehicle after the vehicle was originally manufactured. +(b) An autonomous vehicle may be operated on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle being operated if all of the following requirements are met: +(1) The autonomous vehicle is being operated on roads in this state solely by employees, contractors, or other persons designated by the manufacturer of the autonomous technology. +(2) The driver shall be seated in the driver’s seat, monitoring the safe operation of the autonomous vehicle, and capable of taking over immediate manual control of the autonomous vehicle in the event of an autonomous technology failure or other emergency. +(3) Prior to the start of testing in this state, the manufacturer performing the testing shall obtain an instrument of insurance, surety bond, or proof of self-insurance in the amount of five million dollars ($5,000,000), and shall provide evidence of the insurance, surety bond, or self-insurance to the department in the form and manner required by the department pursuant to the regulations adopted pursuant to subdivision (d). +(c) Except as provided in subdivision (b), an autonomous vehicle shall not be operated on public roads until the manufacturer submits an application to the department, and that application is approved by the department pursuant to the regulations adopted pursuant to subdivision (d). The application shall contain, at a minimum, all of the following certifications: +(1) A certification by the manufacturer that the autonomous technology satisfies all of the following requirements: +(A) The autonomous vehicle has a mechanism to engage and disengage the autonomous technology that is easily accessible to the operator. +(B) The autonomous vehicle has a visual indicator inside the cabin to indicate when the autonomous technology is engaged. +(C) The autonomous vehicle has a system to safely alert the operator if an autonomous technology failure is detected while the autonomous technology is engaged, and when an alert is given, the system shall do either of the following: +(i) Require the operator to take control of the autonomous vehicle. +(ii) If the operator does not or is unable to take control of the autonomous vehicle, the autonomous vehicle shall be capable of coming to a complete stop. +(D) The autonomous vehicle shall allow the operator to take control in multiple manners, including, without limitation, through the use of the brake, the accelerator pedal, or the steering wheel, and it shall alert the operator that the autonomous technology has been disengaged. +(E) The autonomous vehicle’s autonomous technology meets Federal Motor Vehicle Safety Standards for the vehicle’s model year and all other applicable safety standards and performance requirements set forth in state and federal law and the regulations promulgated pursuant to those laws. +(F) The autonomous technology does not make inoperative any Federal Motor Vehicle Safety Standards for the vehicle’s model year and all other applicable safety standards and performance requirements set forth in state and federal law and the regulations promulgated pursuant to those laws. +(G) The autonomous vehicle has a separate mechanism, in addition to, and separate from, any other mechanism required by law, to capture and store the autonomous technology sensor data for at least 30 seconds before a collision occurs between the autonomous vehicle and another vehicle, object, or natural person while the vehicle is operating in autonomous mode. The autonomous technology sensor data shall be captured and stored in a read-only format by the mechanism so that the data is retained until extracted from the mechanism by an external device capable of downloading and storing the data. The data shall be preserved for three years after the date of the collision. +(2) A certification that the manufacturer has tested the autonomous technology on public roads and has complied with the testing standards, if any, established by the department pursuant to subdivision (d). +(3) A certification that the manufacturer will maintain, an instrument of insurance, a surety bond, or proof of self-insurance as specified in regulations adopted by the department pursuant to subdivision (d), in an amount of five million dollars ($5,000,000). +(d) (1) +(A) +As soon as practicable, but no later than January 1, 2015, the department shall adopt regulations setting forth requirements for the submission of evidence of insurance, surety bond, or self-insurance required by subdivision (b), and the submission and approval of an application to operate an autonomous vehicle pursuant to subdivision (c). +(B) (i) As soon as practicable, but no later than July 1, 2018, the department shall adopt regulations setting forth requirements for the testing and operation of an autonomous vehicle without a driver in the vehicle and an autonomous vehicle not equipped with a brake pedal, accelerator pedal, or steering wheel, in accordance with subdivision (i). +(ii) The regulations adopted pursuant to clause (i) shall remain in effect, as initially adopted or as amended, until four years after the effective date of the regulations. +(iii) Notwithstanding Section 10231.5 of the Government Code, the department shall submit a report, pursuant to Section 9795 of the Government Code, on the results of the testing and operation of autonomous vehicles described in subdivision (i) to the Legislature no later than six months after the regulations are no longer in effect. +(2) The regulations shall include any testing, equipment, and performance standards, in addition to those established for purposes of subdivision (b), that the department concludes are necessary to ensure the safe operation of autonomous vehicles on public roads, with or without the presence of a driver inside the vehicle. In developing these regulations, the department may consult with the Department of the California Highway Patrol, the Institute of Transportation Studies at the University of California, or any other entity identified by the department that has expertise in automotive technology, automotive safety, and autonomous system design. +(3) The department may establish additional requirements by the adoption of regulations, which it determines, in consultation with the Department of the California Highway Patrol, are necessary to ensure the safe operation of autonomous vehicles on public roads, including, but not limited to, regulations regarding the aggregate number of deployments of autonomous vehicles on public roads, special rules for the registration of autonomous vehicles, new license requirements for operators of autonomous vehicles, and rules for revocation, suspension, or denial of any license or any approval issued pursuant to this division. +(4) The department shall hold public hearings on the adoption of any regulation applicable to the operation of an autonomous vehicle without the presence of a driver inside the vehicle. +(e) (1) The department shall approve an application submitted by a manufacturer pursuant to subdivision (c) if it finds that the applicant has submitted all information and completed testing necessary to satisfy the department that the autonomous vehicles are safe to operate on public roads and the applicant has complied with all requirements specified in the regulations adopted by the department pursuant to subdivision (d). +(2) Notwithstanding paragraph (1), if the application seeks approval for autonomous vehicles capable of operating without the presence of a driver inside the vehicle, the department may impose additional requirements it deems necessary to ensure the safe operation of those vehicles, and may require the presence of a driver in the driver’s seat of the vehicle if it determines, based on its review pursuant to paragraph (1), that such a requirement is necessary to ensure the safe operation of those vehicles on public roads. The department shall notify the Legislature of the receipt of an application from a manufacturer seeking approval to operate an autonomous vehicle capable of operating without the presence of a driver inside the vehicle and approval of the application. Approval of the application shall be effective no sooner than 180 days after the date the application is submitted. +(f) Nothing in this division shall limit or expand the existing authority to operate autonomous vehicles on public roads, until 120 days after the department adopts the regulations required by paragraph (1) of subdivision (d). +(g) Federal regulations promulgated by the National Highway Traffic Safety Administration shall supersede the provisions of this division when found to be in conflict with any other state law or regulation. +(h) The manufacturer of the autonomous technology installed on a vehicle shall provide a written disclosure to the purchaser of an autonomous vehicle that describes what information is collected by the autonomous technology equipped on the vehicle. The department may promulgate regulations to assess a fee upon a manufacturer that submits an application pursuant to subdivision (c) to operate autonomous vehicles on public roads in an amount necessary to recover all costs reasonably incurred by the department. +(i) Notwithstanding paragraph (2) of subdivision (b) and subparagraph (D) of paragraph (1) of subdivision (c), an autonomous vehicle without a driver in the vehicle or an autonomous vehicle not equipped with a brake pedal, accelerator pedal, or steering wheel may be operated on public roads for testing and operation purposes, pursuant to regulations specified in subparagraph (B) of paragraph (1) of subdivision (d), if all other requirements of this section are met and the operator of the autonomous vehicle is capable of taking immediate control of the vehicle in the event of an autonomous technology failure or other emergency. +SECTION 1. +Division 16.65 (commencing with Section 38755) is added to the +Vehicle Code +, to read: +16.65. +Autonomous Vehicle Pilot Project +38755. +Notwithstanding subdivisions (b) and (c) of Section 38750, the Department of Motor Vehicles and the Department of the California Highway Patrol shall, in conjunction with one or more manufacturers of autonomous vehicles, conduct a pilot project to test the safety and feasibility of operating autonomous vehicles on public roads. +38756. +The Department of Motor Vehicles shall select three counties in which to conduct the road tests, and shall contract with local law enforcement agencies for purposes of participating in the road testing prior to conducting any road tests. A local agency may consent to contract and participate, but shall not be required to contract and participate, in the pilot project. The pilot project shall commence on January 1, 2017, and shall terminate on January 1, 2018. +38757. +(a)For purposes of this division, the terms “autonomous vehicle” and “manufacturer” have the same meaning as set forth in Section 38750. +(b)Autonomous vehicles tested in the pilot project are not required to be equipped with a steering wheel, brake pedal, or accelerator, and may be operated without a driver inside the vehicle. +38758. +The Department of Motor Vehicles shall report the results of the pilot project to the Legislature on or before July 1, 2018. A report submitted pursuant to this subdivision shall be submitted pursuant to Section 9795 of the Government Code. +38759. +This division shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.","Existing law establishes certain criteria that must be met by a manufacturer of an autonomous +vehicle +vehicle, as defined, +in order for +the manufacturer +an eligible driver, as specified, +to operate the autonomous vehicle for testing purposes on public roads. +Existing law requires the driver to be seated in the driver’s seat, monitoring the safe operation of the autonomous vehicle, and capable of taking over immediate manual control of the autonomous vehicle in the event of an autonomous technology failure or other emergency. Existing law requires, as part of an application by the manufacturer to the Department of Motor Vehicles, a certification that the autonomous vehicle allows the operator, as defined, to take control in multiple manners, including, without limitation, through the use of the brake, the accelerator pedal, or the steering wheel, as specified, and a certification that the autonomous vehicle’s autonomous technology meets Federal Motor Vehicle Safety Standards. Existing law provides that federal regulations promulgated by the National Highway Traffic Safety Administration shall supersede these provisions when found to be in conflict with any other state law or regulation. +This bill would, notwithstanding those provisions, until January 1, 2018, require the Department of Motor Vehicles and the Department of the California Highway Patrol to conduct a pilot project in conjunction with one or more manufacturers of autonomous vehicles to test the safety and feasibility of operating autonomous vehicles on public roads. The bill would require the Department of Motor Vehicles to select 3 counties in which to conduct the pilot project and to contract with local law enforcement agencies to participate in the pilot project in each county. The bill would require the Department of Motor Vehicles to report the results of the pilot project to the Legislature on or before July 1, 2018. The bill would repeal these provisions on January 1, 2019. +This bill would authorize, notwithstanding the above requirements, the operation of an autonomous vehicle without a driver in the vehicle or an autonomous vehicle not equipped with a brake pedal, accelerator pedal, or steering wheel on public roads for testing and operation purposes if all other requirements of the above provisions are met and the operator of the autonomous vehicle is capable of taking immediate control of the vehicle in the event of an autonomous technology failure or other emergency. The bill would require the department to adopt conforming regulations no later than July 1, 2018. The bill would require the department to submit a report on the results of the testing and operation of these autonomous vehicles to the Legislature, as specified.","An act to +add and repeal Division 16.65 (commencing with Section 38755) +amend Section 38750 +of the Vehicle Code, relating to vehicles." +1227,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) The state, through the Public Utilities Commission, has taken action to promote energy storage, including setting energy storage procurement targets applicable for certain load-serving entities, totaling 1,325 megawatts, and for all other load-serving entities, to be met by 2020, with installations of the energy storage systems meeting the procurement targets by no later than the end of 2024. +(2) Ratepayer funding is currently allowed to provide incentives to customers who purchase energy storage for permanent load shifting. +(3) The Legislature reauthorized the self-generation incentive program to provide incentives to customers who achieve reductions in the emissions of greenhouse gases using technologies like energy storage. +(4) The State Energy Resources Conservation and Development Commission funds research and demonstration programs to further the effectiveness of energy storage as an important resource to the electric grid through the Electric Program Investment Charge. +(5) Federal Energy Regulatory Commission Order No. 792 directs transmission providers to define energy storage devices as generating facilities, thereby enabling these resources to take advantage of generator interconnection procedures. +(6) Industrial and commercial customers are subject to the time-of-use tariffs of the load-serving entity providing electric services, some of which also include demand charges. Industrial and commercial customers have challenges modifying their businesses to manage their electricity consumption and costs. +(7) Section 745 of the Public Utilities Code authorizes the commission to require or authorize an electrical corporation to employ default time-of-use pricing for residential customers. +(8) Changes in customer electricity usage will modify the peak time for electricity demand and effect demand charges in rate design. +(9) Properly designed and dispatched energy storage systems will help customers manage energy costs, help reduce overall system peak energy demands, improve public health, and assist in achieving greenhouse gas emissions goals. +(10) Increased demand for energy storage technologies will drive new business opportunities and create jobs. +(11) Easing energy costs for large energy users will help keep manufacturing and industrial jobs in California. +(b) It is the policy of the state and the intent of the Legislature to encourage energy storage as a means to achieve ratepayer benefits, ambient air quality standards, and the state’s climate change goals. +SEC. 2. +Section 2838.2 is added to the Public Utilities Code, to read: +2838.2. +(a) The following definitions apply to this section: +(1) “Distributed energy storage system” means an energy storage system with a useful life of at least 10 years that is connected to the distribution system or is located on the customer side of the meter. +(2) “Energy storage management system” means a system by which an electrical corporation can manage the charging and discharging of the distributed energy storage system in a manner that provides benefits to ratepayers. +(b) The commission, in consultation with the State Air Resources Board and the Energy Commission, shall direct the state’s three largest electrical corporations to file applications for programs and investments to accelerate widespread deployment of distributed energy storage systems to achieve ratepayer benefits, reduce dependence on petroleum, meet air quality standards, and reduce emissions of greenhouse gases. Programs and investments proposed by the state’s three largest electrical corporations shall seek to minimize overall costs and maximize overall benefits. +(c) (1) The commission may approve, or modify and approve, programs and investments of an electrical corporation in distributed energy storage systems with appropriate energy storage management systems and reasonable mechanisms for cost recovery, if they are consistent with the requirements of this section and do not unreasonably limit or impair the ability of nonutility enterprises to market and deploy energy storage systems. The total capacity of the programs and investments in distributed energy storage systems approved by the commission pursuant to this section shall not exceed 500 megawatts, divided equally among the state’s three largest electrical corporations. +(2) No more than 25 percent of the capacity of distributed energy storage systems approved for programs and investments pursuant to this section shall be provided by behind-the-meter systems. +(3) The capacity authorized pursuant to paragraph (1) is in addition to any investments authorized pursuant to Section 2836. +(d) (1) The commission shall resolve each application filed by an electrical corporation pursuant to this section within 12 months of the date of filing of the completed application. +(2) The commission shall prioritize those programs and investments that provide distributed energy storage systems to public sector and low-income customers. +SEC. 3. +Section 2838.3 is added to the Public Utilities Code, to read: +2838.3. +It is the intent of the Legislature that the commission, in authorizing an electrical corporation to recover the costs of approved energy storage programs and investments from all customers pursuant to Section 2838.2, shall ensure that the costs for the programs and investments are recovered in proportion to the benefits received, consistent with Section 451. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires the Public Utilities Commission (PUC) to determine appropriate targets, if any, for each load-serving entity to procure viable and cost-effective energy storage systems to be achieved by December 31, 2020. +This bill would require the PUC, in consultation with the State Air Resources Board and the State Energy Resources Conservation and Development Commission, to direct the state’s 3 largest electrical corporations to file applications for programs and investments to accelerate widespread deployment of distributed energy storage systems, as defined. The bill would authorize the PUC to approve, or modify and approve, programs and investments in distributed energy storage systems, as provided, and would require the PUC to prioritize those programs and investments that provide distributed energy storage systems to public sector and low-income customers. Because a violation of any order, decision, rule, direction, demand, or requirement of the PUC implementing these requirements would be a crime, this bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Sections 2838.2 and 2838.3 to the Public Utilities Code, relating to energy." +1228,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 55.53 of the Civil Code is amended to read: +55.53. +(a) For purposes of this part, a certified access specialist (CASp) shall, upon completion of the inspection of a site, comply with the following: +(1) For a site that meets applicable standards, if the CASp determines the site meets all applicable construction-related accessibility standards, the CASp shall provide a written inspection report to the requesting party that includes both of the following: +(A) An identification and description of the inspected structures and areas of the site. +(B) A signed and dated statement that includes both of the following: +(i) A statement that, in the opinion of the CASp, the inspected structures and areas of the site meet construction-related accessibility standards. The statement shall clearly indicate whether the determination of the CASp includes an assessment of readily achievable barrier removal. +(ii) If corrections were made as a result of the CASp inspection, an itemized list of all corrections and dates of completion. +(2) For a site that has been inspected by a CASp, if the CASp determines that corrections are needed to the site in order for the site to meet all applicable construction-related accessibility standards, the CASp shall provide a signed and dated written inspection report to the requesting party that includes all of the following: +(A) An identification and description of the inspected structures and areas of the site. +(B) The date of the inspection. +(C) A statement that, in the opinion of the CASp, the inspected structures and areas of the site need correction to meet construction-related accessibility standards. This statement shall clearly indicate whether the determination of the CASp includes an assessment of readily achievable barrier removal. +(D) An identification and description of the structures or areas of the site that need correction and the correction needed. +(E) A schedule of completion for each of the corrections within a reasonable timeframe. +(3) The CASp shall provide, within 30 days of the date of the inspection of a business that qualifies for the provisions of subparagraph (A) of paragraph (3) of subdivision (g) of Section 55.56, a copy of a report prepared pursuant to that subparagraph to the business. +(4) The CASp shall file, within 10 days of inspecting a business pursuant to subparagraph (A) of paragraph (3) of subdivision (g) of Section 55.56, a notice with the State Architect for listing on the State Architect’s Internet Web site, as provided by subdivision (d) of Section 4459.7 of the Government Code, indicating that the CASp has inspected the business, the name and address of the business, the date of the filing, the date of the inspection of the business, the name and license number of the CASp, and a description of the structure or area inspected by the CASp. +(5) The CASp shall post the notice described in paragraph (4), in a form prescribed by the State Architect, in a conspicuous location within five feet of all public entrances to the building on the date of the inspection and instruct the business to keep it in place until the earlier of either of the following: +(A) One hundred twenty days after the date of the inspection. +(B) The date when all of the construction-related violations in the structure or area inspected by the CASp are corrected. +(b) For purposes of this section, in determining whether the site meets applicable construction-related accessibility standards when there is a conflict or difference between a state and federal provision, standard, or regulation, the state provision, standard, or regulation shall apply unless the federal provision, standard, or regulation is more protective of accessibility rights. +(c) Every CASp who conducts an inspection of a place of public accommodation shall, upon completing the inspection of the site, provide the building owner or tenant who requested the inspection with the following notice, which the State Architect shall make available as a form on the State Architect’s Internet Web site: +NOTICE TO PRIVATE PROPERTY OWNER/TENANT: +YOU ARE ADVISED TO KEEP IN YOUR RECORDS ANY WRITTEN INSPECTION REPORT AND ANY OTHER DOCUMENTATION CONCERNING YOUR PROPERTY SITE THAT IS GIVEN TO YOU BY A CERTIFIED ACCESS SPECIALIST. +IF YOU BECOME A DEFENDANT IN A LAWSUIT THAT INCLUDES A CLAIM CONCERNING A SITE INSPECTED BY A CERTIFIED ACCESS SPECIALIST, YOU MAY BE ENTITLED TO A COURT STAY (AN ORDER TEMPORARILY STOPPING ANY LAWSUIT) OF THE CLAIM AND AN EARLY EVALUATION CONFERENCE. +IN ORDER TO REQUEST THE STAY AND EARLY EVALUATION CONFERENCE, YOU WILL NEED TO VERIFY THAT A CERTIFIED ACCESS SPECIALIST HAS INSPECTED THE SITE THAT IS THE SUBJECT OF THE CLAIM. YOU WILL ALSO BE REQUIRED TO PROVIDE THE COURT AND THE PLAINTIFF WITH THE COPY OF A WRITTEN INSPECTION REPORT BY THE CERTIFIED ACCESS SPECIALIST, AS SET FORTH IN CIVIL CODE SECTION 55.54. THE APPLICATION FORM AND INFORMATION ON HOW TO REQUEST A STAY AND EARLY EVALUATION CONFERENCE MAY BE OBTAINED AT www.courts.ca.gov/selfhelp-start.htm. +YOU ARE ENTITLED TO REQUEST, FROM A CERTIFIED ACCESS SPECIALIST WHO HAS CONDUCTED AN INSPECTION OF YOUR PROPERTY, A WRITTEN INSPECTION REPORT AND OTHER DOCUMENTATION AS SET FORTH IN CIVIL CODE SECTION 55.53. YOU ARE ALSO ENTITLED TO REQUEST THE ISSUANCE OF A DISABILITY ACCESS INSPECTION CERTIFICATE, WHICH YOU MAY POST ON YOUR PROPERTY. + + +(d) (1) Commencing July 1, 2010, a local agency shall employ or retain at least one building inspector who is a certified access specialist. The certified access specialist shall provide consultation to the local agency, permit applicants, and members of the public on compliance with state construction-related accessibility standards with respect to inspections of a place of public accommodation that relate to permitting, plan checks, or new construction, including, but not limited to, inspections relating to tenant improvements that may impact access. If a local agency employs or retains two or more certified access specialists to comply with this subdivision, at least one-half of the certified access specialists shall be building inspectors who are certified access specialists. +(2) (A) Commencing January 1, 2021, all building inspectors employed or retained by a local agency who conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation with respect to new construction or renovation, including, but not limited to, projects relating to tenant improvements that may impact access, shall be certified access specialists. +(B) New employees employed or retained by a local agency on or after January 1, 2018, and who will conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation shall be certified access specialists within +24 +36 +months of their initial date of employment. +(3) If a permit applicant or member of the public requests consultation from a certified access specialist, the local agency may charge an amount limited to a reasonable hourly rate, an estimate of which shall be provided upon request in advance of the consultation. A local government may additionally charge or increase permitting, plan check, or inspection fees to the extent necessary to offset the costs of complying with this subdivision. Any revenues generated from an hourly or other charge or fee increase under this subdivision shall be used solely to offset the costs incurred to comply with this subdivision. A CASp inspection pursuant to subdivision (a) by a building inspector who is a certified access specialist shall be treated equally for legal and evidentiary purposes as an inspection conducted by a private CASp. Nothing in this subdivision shall preclude permit applicants or any other person with a legal interest in the property from retaining a private CASp at any time. +(e) (1) Every CASp who completes an inspection of a place of public accommodation shall, upon a determination that the site meets applicable standards pursuant to paragraph (1) of subdivision (a) or is inspected by a CASp pursuant to paragraph (2) of subdivision (a), provide the building owner or tenant requesting the inspection with a numbered disability access inspection certificate indicating that the site has undergone inspection by a certified access specialist. The disability access inspection certificate shall be dated and signed by the CASp inspector, and shall contain the inspector’s name and license number. Upon issuance of a certificate, the CASp shall record the issuance of the numbered certificate, the name and address of the recipient, and the type of report issued pursuant to subdivision (a) in a record book the CASp shall maintain for that purpose. +(2) Beginning March 1, 2009, the State Architect shall make available for purchase by any local building department or CASp sequentially numbered disability access inspection certificates that are printed with a watermark or other feature to deter forgery and that comply with the information requirements specified in subdivision (a). +(3) The disability access inspection certificate may be posted on the premises of the place of public accommodation, unless, following the date of inspection, the inspected site has been modified or construction has commenced to modify the inspected site in a way that may impact compliance with construction-related accessibility standards. +(f) Nothing in this section or any other law is intended to require a property owner or tenant to hire a CASp. A property owner’s or tenant’s election not to hire a CASp shall not be admissible to prove that person’s lack of intent to comply with the law. +SEC. 2. +Section 4459.5 of the Government Code is amended to read: +4459.5. +(a) The State Architect shall establish and publicize a program for voluntary certification by the state of any person who meets specified criteria as a certified access specialist. No later than January 1, 2005, the State Architect shall determine minimum criteria a person is required to meet to be a certified access specialist, which may include knowledge sufficient to review, inspect, or advocate universal design requirements, completion of specified training, and testing on standards governing access to buildings, including but not limited to housing, for persons with disabilities. +(b) The State Architect may implement the program described in subdivision (a) with startup funds derived, as a loan, from the reserve of the Public School Planning, Design, and Construction Review Revolving Fund, upon appropriation by the Legislature. That loan shall be repaid when sufficient fees have been collected pursuant to Section 4459.8. +(c) The State Architect is authorized to work with various training organizations to ensure an adequate level of training and educational efforts are provided on a statewide basis to prepare individuals to become access specialists as required by paragraph (2) of subdivision (d) of Section 55.53 of the Civil Code. +(d) On or before January 1, 2018, the State Architect shall commence testing and certification of individuals as certified access specialists at a level commensurate with the demand attributed to compliance with paragraph (2) of subdivision (d) of Section 55.53 of the Civil Code. +SEC. 3. +Section 4467 of the Government Code is amended to read: +4467. +(a) (1) (A) On and after January 1, 2017, through December 31, 2019, any applicant for a local business license or equivalent instrument or permit, and +from +any applicant for the renewal of a business license or equivalent instrument or permit, shall pay an additional fee of four dollars ($4) for that license, instrument, or permit, which shall be collected by the city, county, or city and county that issues the license, instrument, or permit. +(B) On and after January 1, 2017, through December 31, 2019, in any city, county, or city and county that does not issue business licenses or an equivalent instrument or permit, any applicant for a building permit shall pay an additional fee of four dollars ($4) for that building permit, which shall be collected by the city, county, or city and county that issued the building permit. +(2) (A) On and after January 1, 2020, any applicant for a local business license or equivalent instrument or permit, and +from +any applicant for the renewal of a business license or equivalent instrument or permit, shall pay an additional fee of one dollar ($1) for that license, instrument, or permit, which shall be collected by the city, county, or city and county that issues the license, instrument, or permit. +(B) On and after January 1, 2020, in any city, county, or city and county that does not issue business licenses or an equivalent instrument or permit, any applicant for a building permit shall pay an additional fee of one dollar ($1) for that building permit, which shall be collected by the city, county, or city and county that issued the building permit. +(b) On and after January 1, 2017, through December 31, 2019, the city, county, or city and county shall retain 90 percent, and on and after January 1, 2020, the city, county, or city and county shall retain 70 percent, of the fees collected under this section, of which up to 5 percent of the retained moneys may be used for related administrative costs of this chapter. The remaining moneys shall be placed by the city, county, or city and county in a special fund established by the city, county, or city and county, to be known as the “CASp Certification and Training Fund.” The fees collected in a CASp Certification and Training Fund shall be used for increased certified access specialist training and certification in that local jurisdiction and to facilitate compliance with construction-related accessibility requirements. The highest priority shall be given to the training and retention of certified access specialists to meet the needs of the public in the jurisdiction as provided in Section 55.53 of the Civil Code. +(c) On and after January 1, 2017, through December 31, 2019, the remaining 10 percent of all fees collected under this section, and on and after January 1, 2020, the remaining 30 percent of all fees collected under this section, shall be transmitted on a quarterly basis to the Division of the State Architect for deposit in the Disability Access and Education Revolving Fund established under Sections 4465 and 4470. The funds shall be transmitted within 15 days of the last day of the fiscal quarter. The Division of the State Architect shall develop and post on its Internet Web site a standard reporting form for use by all local jurisdictions. Up to 75 percent of the collected funds in the Disability Access and Education Revolving Fund shall be used to establish and maintain oversight of the CASp program and to moderate the expense of CASp certification and testing. +(d) Each city, county, or city and county shall make an annual report, commencing March 1, 2014, to the Division of the State Architect of the total fees collected in the previous calendar year and of its distribution, including the moneys spent on administrative services, the activities undertaken and moneys spent to increase CASp training, certification, and services, the activities undertaken and moneys spent to fund programs to facilitate accessibility compliance, and the moneys transmitted to the Disability Access and Education Revolving Fund. +SEC. 4. +If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","The Construction-Related Accessibility Standards Compliance Act establishes standards for making new construction and existing facilities accessible to persons with disabilities, including inspections by private persons or building inspectors who are certified access specialists (CASps), and provides for construction-related accessibility claims for violations of those standards. That act requires a local agency, commencing January 1, 2014, to employ or retain a sufficient number of building inspectors who are CASps to conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation with respect to new construction. The act requires, if a local agency employs or retains 2 or more CASps, that at least +half +one-half +of the CASps be building inspectors who are CASps. +This bill would require, commencing January 1, 2021, that all building inspectors employed or retained by a local agency who conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation with respect to new construction or renovations, including, but not limited to, projects relating to tenant improvements that may impact access, be CASps. The bill would also require all new employees employed or retained by a local agency on or after January 1, 2018, and who will conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation, to be CASps within +24 +36 +months of their initial date of employment. By adding to the duties of a local entity, this bill would impose a state-mandated local program. +Existing law requires the State Architect to establish a program for voluntary certification by the state of any person who meets specified criteria as a CASp with respect to access to buildings for persons with disabilities and to determine minimum criteria for certification. +This bill would require the State Architect, on or before January 1, 2018, to commence testing and certification of building inspectors as CASps, as specified. +Until December 31, 2018, existing law requires any applicant for a local business license or equivalent instrument or permit, or renewal of a local business license or equivalent instrument or permit, to pay an additional state fee of $1 for that license, instrument, or permit. Under existing law, the city, county, or city and county that collected the fee retains 70% of the fee, and the remaining 30% of the fee is deposited into the Disability Access and Education Revolving Fund, a continuously appropriated fund. +This bill, from January 1, 2017, through December 31, 2019, would increase that state fee to $4 and would require any applicant for a building permit in a city, county, or city and county that does not issue business licenses or an equivalent instrument or permit to pay an additional fee of $4 for that building permit. Beginning January 1, 2020, those fees would be reduced to $1. The bill, from January 1, 2017, through December 31, 2019, would increase the percentage of the fee retained by a local agency to 90% and the remaining 10% would be deposited into the Disability Access and Education Revolving Fund. Beginning January 1, 2020, those percentages would revert to 70% and 30%, respectively. By increasing revenue to a continuously appropriated fund, increasing the fee, extending the period of time during which the fee will be collected, and imposing an additional fee, this bill would make an appropriation. The bill would make an appropriation by authorizing local government entities to retain an increased percentage of the increased fee. The bill would require that the moneys retained by a local agency be placed in a special fund established by the local agency, to be known as the “CASp Certification and Training Fund.” The bill would require that fees collected in a CASp Certification and Training Fund be used for increased certified access specialist training and certification in the local jurisdiction, thereby making an appropriation by expanding the purposes for which the retained fee moneys are required to be spent. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 55.53 of the Civil Code, and to amend Sections 4459.5 and 4467 of the Government Code, relating to public contracts, and making an appropriation therefor." +1229,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 6253.11 is added to the +Government Code +, to read: +6253.11. +A public agency shall comply with a request to inspect or copy a public record that is protected by the Copyright Revision Act of 1976 (17 U.S.C. Sec. 101 et seq.) to the extent permitted by this chapter, unless that public record is otherwise exempt from disclosure under any other law, including, but not limited to, Sections 6254 and 6255. +SEC. 2. +SECTION 1. +Section 14615.1 of the Government Code is amended to read: +14615.1. +(a) Where the Legislature directs or authorizes the department to maintain, develop, or prescribe processes, procedures, or policies in connection with the administration of its duties under this chapter and Chapter 2 (commencing with Section 14650) of this part, Chapter 2 (commencing with Section 13988) of Part 4.5, or Section 6611 of the Public Contract Code or Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, the action by the department shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500)). This section shall apply to actions taken by the department with respect to the State Administrative Manual and the State Contracting Manual. +(b) To the extent permitted by the United States and California Constitutions, subdivision (a) also applies to actions taken by the department prior to January 1, 1999, with respect to competitive procurement in the State Administrative Manual and the State Contracting Manual. +SEC. 3. +SEC. 2. +Section 10335 of the Public Contract Code is amended to read: +10335. +(a) This article shall apply to all contracts, including amendments, entered into by any state agency for services to be rendered to the state, whether or not the services involve the furnishing or use of equipment, materials, or supplies or are performed by an independent contractor. Except as provided in Sections 10295.6 and 10351, and paragraphs (8) and (9) of subdivision (b) of Section 10340, all contracts subject to this article are of no effect unless and until approved by the department. Each contract shall be transmitted with all papers, estimates, and recommendations concerning it to the department and, if approved by the department, shall be effective from the date of approval. This article shall apply to any state agency that by general or specific statute is expressly or impliedly authorized to enter into the transactions referred to in this section. This article shall not apply to contracts for the construction, alteration, improvement, repair, or maintenance of real or personal property, contracts for services subject to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, to contracts that are listed as exceptions in Section 10295, contracts of less than five thousand dollars ($5,000) in amount, contracts of less than five thousand dollars ($5,000) where only per diem or travel expenses, or a combination thereof, are to be paid, contracts between state agencies, or contracts between a state agency and local agency or federal agency. +(b) In exercising its authority under this article with respect to contracts for the services of legal counsel, other than the Attorney General, entered into by any state agency that is subject to Section 11042 or Section 11043 of the Government Code, the department, as a condition of approval of the contract, shall require the state agency to demonstrate that the consent of the Attorney General to the employment of the other counsel has been granted pursuant to Section 11040 of the Government Code. This consent shall not be construed in a manner that would authorize the Attorney General to establish a separate program for reviewing and approving contracts in the place of, or in addition to, the program administered by the department pursuant to this article. +(c) Until January 1, 2001, the department shall maintain a list of contracts approved pursuant to subdivision (b). This list shall be filed quarterly with the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget. The list shall be limited to contracts with a consideration in excess of twenty thousand dollars ($20,000) during the life of the contract and shall include sufficient information to identify the provider of legal services, the length of each contract, applicable hourly rates, and the need for the services. The department shall add a contract that meets these conditions to the list within 10 days after approval. A copy of the list shall be made available to any requester. The department may charge a fee to cover the cost of supplying the list as provided in Section 6253 of the Government Code. +(d) (1) In exercising its authority under this article, a state agency shall consider the processes, procedures, or policies developed by the department pursuant to Chapter 2 (commencing with Section 13988) of Part 4.5 of Division 3 of Title 2 of the Government Code. +(2) For contracts under this article entered into on or after January 1, 2017, a state agency shall consider the intellectual property rights of both the state and the contracting party unless the state agency, prior to execution of the contract, obtains the consent of the department. +(e) Contracts subject to the approval of the department shall also have the department’s approval for a modification or amendment thereto, with the following exceptions: +(1) An amendment to a contract that only extends the original time for completion of performance for a period of one year or less is exempt. If the original contract was subject to approval by the department, one fully executed copy including transmittal document, explaining the reason for the extension, shall be sent to the legal office of the department. A contract may only be amended once under this exemption. +(2) Contracts let or awarded on the basis of a law requiring competitive bidding may be modified or amended only if the contract so provides or if authorized by the law requiring competitive bidding. +(3) If an amendment to a contract has the effect of giving the contract as amended an increase in monetary amount, or an agreement by the state to indemnify or save harmless any person, the amendment shall be approved by the department.","(1)The California Public Records Act requires a state or local agency, as defined, to make public records available for inspection, subject to certain exceptions. +This bill would require a public agency to comply with a request to inspect or copy a public record that is protected by the federal Copyright Revision Act of 1976 unless the record is otherwise exempt from disclosure. +(2) +(1) +Under existing law, contracts by state agencies for services rendered to the state are, with certain exceptions, of no effect unless and until approved by the Department of General Services. Existing law imposes various requirements with respect to contracts for services rendered to the state. Existing law requires the department to develop factors for state agencies to consider in deciding whether to sell or license their intellectual property. +This bill would, for contracts entered into on or after January 1, 2017, require a state agency entering into a contract for services to consider the intellectual property rights of both the state and the contracting party unless the agency, prior to execution of the contract, obtains the consent of the department. +(3) +(2) +Existing law exempts from the Administrative Procedure Act certain actions to maintain, develop, or prescribe processes, procedures, or policies by the Department of General Services that are required or authorized by the Legislature with respect to the general operations of the department or the awarding of state contracts. +This bill would additionally exempt those actions taken with respect to the department’s above-described duties relating to the management and development of state intellectual property, as provided.","An act to amend Section 14615.1 +of, and to add Section 6253.11 to, +of +the Government Code, and to amend Section 10335 of the Public Contract Code, relating to state intellectual property." +1230,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 3351 of the Labor Code is amended to read: +3351. +“Employee” means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes: +(a) Aliens and minors. +(b) All elected and appointed paid public officers. +(c) All officers and members of boards of directors of quasi-public or private corporations while rendering actual service for the corporations for pay. An officer or member of a board of directors may elect to be excluded from coverage in accordance with subdivision (p) of Section 3352. +(d) Except as provided in subdivision (h) of Section 3352, any person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant. +(e) All persons incarcerated in a state penal or correctional institution while engaged in assigned work or employment as defined in paragraph (1) of subdivision (a) of Section 10021 of Title 8 of the California Code of Regulations, or engaged in work performed under contract. +(f) All working members of a partnership or limited liability company receiving wages irrespective of profits from the partnership or limited liability company. A general partner of a partnership or a managing member of a limited liability company may elect to be excluded from coverage in accordance with subdivision (q) of Section 3352. +SEC. 2. +Section 3352 of the Labor Code is amended to read: +3352. +“Employee” excludes the following: +(a) A person defined in subdivision (d) of Section 3351 who is employed by his or her parent, spouse, or child. +(b) A person performing services in return for aid or sustenance only, received from any religious, charitable, or relief organization. +(c) A person holding an appointment as deputy clerk or deputy sheriff appointed for his or her own convenience, and who does not receive compensation from the county or municipal corporation or from the citizens of that county or municipal corporation for his or her services as the deputy. This exclusion is operative only as to employment by the county or municipal corporation and does not deprive that person from recourse against a private person employing him or her for injury occurring in the course of, and arising out of, the employment. +(d) A person performing voluntary services at or for a recreational camp, hut, or lodge operated by a nonprofit organization, exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, of which he or she or a member of his or her family is a member and who does not receive compensation for those services, other than meals, lodging, or transportation. +(e) A person performing voluntary service as a ski patrolman who does not receive compensation for those services, other than meals or lodging or the use of ski tow or ski lift facilities. +(f) A person employed by a ski lift operator to work at a snow ski area who is relieved of, and is not performing any, prescribed duties, while participating in recreational activities on his or her own initiative. +(g) A person, other than a regular employee, participating in sports or athletics who does not receive compensation for the participation other than the use of athletic equipment, uniforms, transportation, travel, meals, lodgings, or other expenses incidental thereto. +(h) A person described in subdivision (d) of Section 3351 whose employment by the employer to be held liable, during the 90 calendar days immediately preceding the date of injury, for injuries as described in Section 5411, or during the 90 calendar days immediately preceding the date of the last employment in an occupation exposing the employee to the hazards of the disease or injury, for diseases or injuries as described in Section 5412, comes within either of the following descriptions: +(1) The employment was, or was contracted to be, for less than 52 hours. +(2) The employment was, or was contracted to be, for wages of not more than one hundred dollars ($100). +(i) A person performing voluntary service for a public agency or a private, nonprofit organization who does not receive remuneration for the services, other than meals, transportation, lodging, or reimbursement for incidental expenses. +(j) A person, other than a regular employee, performing officiating services relating to amateur sporting events sponsored by a public agency or private, nonprofit organization, who does not receive remuneration for these services, other than a stipend for each day of service no greater than the amount established by the Department of Human Resources as a per diem expense for employees or officers of the state. The stipend shall be presumed to cover incidental expenses involved in officiating, including, but not limited to, meals, transportation, lodging, rule books and courses, uniforms, and appropriate equipment. +(k) A student participating as an athlete in amateur sporting events sponsored by a public agency or public or private nonprofit college, university, or school, who does not receive remuneration for the participation, other than the use of athletic equipment, uniforms, transportation, travel, meals, lodgings, scholarships, grants-in-aid, or other expenses incidental thereto. +(l) A law enforcement officer who is regularly employed by a local or state law enforcement agency in an adjoining state and who is deputized to work under the supervision of a California peace officer pursuant to paragraph (4) of subdivision (a) of Section 832.6 of the Penal Code. +(m) A law enforcement officer who is regularly employed by the Oregon State Police, the Nevada Department of Motor Vehicles and Public Safety, or the Arizona Department of Public Safety and who is acting as a peace officer in this state pursuant to subdivision (a) of Section 830.39 of the Penal Code. +(n) A person, other than a regular employee, performing services as a sports official for an entity sponsoring an intercollegiate or interscholastic sports event, or any person performing services as a sports official for a public agency, public entity, or a private nonprofit organization, which public agency, public entity, or private nonprofit organization sponsors an amateur sports event. For purposes of this subdivision, “sports official” includes an umpire, referee, judge, scorekeeper, timekeeper, or other person who is a neutral participant in a sports event. +(o) A person who is an owner-builder, as defined in subdivision (a) of Section 50692 of the Health and Safety Code, who is participating in a mutual self-help housing program, as defined in Section 50087 of the Health and Safety Code, sponsored by a nonprofit corporation. +(p) An officer or member of the board of directors, as described in subdivision (c) of Section 3351, if he or she owns at least 15 percent of the issued and outstanding stock of the corporation and executes a written waiver of his or her rights under this chapter stating under penalty of perjury that the person is a qualifying officer or director. The waiver shall be effective upon the date of receipt and acceptance by the corporation’s insurance carrier and shall remain effective until the officer or member of the board of directors provides the insurance carrier with a written withdrawal of the waiver. +(q) An individual who is a general partner of a partnership or a managing member of a limited liability company who executes a written waiver of his or her rights under this chapter stating under penalty of perjury that the person is a qualifying general partner or managing member. The waiver shall be effective upon the date of receipt and acceptance by the partnership or limited liability company’s insurance carrier and shall remain effective until the general partner or managing member provides the insurance carrier with a written withdrawal of the waiver. +SEC. 3. +Section 6354.7 of the Labor Code, as added by Section 84 of Chapter 6 of the Statutes of 2002, is repealed. +SEC. 4. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, within the Department of Industrial Relations, to compensate an employee for injuries sustained in the course of his or her employment. +Existing law defines an employee, for purposes of the laws governing workers’ compensation, to include, among other persons, officers and members of boards of directors of quasi-public or private corporations while rendering actual service for the corporations for pay. Existing law excludes from that definition, among other persons, officers and directors of a private corporation who are the sole shareholders of the corporation and working members of a partnership or limited liability company, as specified, unless they elect to come under the compensation provisions of the laws governing workers’ compensation. +This bill would revise those exceptions from the definition of an employee to apply to an officer or member of the board of directors, as specified, if he or she owns at least 15% of the issued and outstanding stock of the corporation, or an individual who is a general partner of a partnership or a managing member of a limited liability company, and that person elects to be excluded by executing a written waiver of his or her rights under the laws governing workers’ compensation, stating under penalty of perjury that he or she is a qualifying officer or director, or a qualifying general partner or managing member, as applicable. The bill would specify the effective date of the waivers. +The bill would also make technical and clarifying changes to the provision excluding specified persons from the definition of employee. +The bill would also delete obsolete provisions. +Existing law proscribes the crime of perjury. +By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. +The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 3351 and 3352 of, and to repeal Section 6354.7 of, the Labor Code, relating to workers’ compensation." +1231,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 2707.2 of the Unemployment Insurance Code is amended to read: +2707.2. +(a) The department shall consider the facts submitted by the employer pursuant to Section 2707.1 and make a determination as to the eligibility of the claimant for benefits. The department shall promptly notify the claimant of the determination and the reasons therefor. The claimant may appeal therefrom to an administrative law judge within 20 days from mailing or personal service of the notice of determination. The 20-day period may be extended for good cause. The director shall be an interested party to any appeal. +(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. +(c) This section shall remain in effect only until March 1, 2018, and as of that date is repealed. +SEC. 2. +Section 2707.2 is added to the Unemployment Insurance Code, to read: +2707.2. +(a) The department shall consider the facts submitted by the employer pursuant to Section 2707.1 and make a determination as to the eligibility of the claimant for benefits. The department shall promptly notify the claimant of the determination and the reasons therefor. The claimant may appeal therefrom to an administrative law judge within 30 days from mailing or personal service of the notice of determination. The 30-day period may be extended for good cause. The director shall be an interested party to any appeal. +(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. +(c) This section shall become operative on March 1, 2018. +SEC. 3. +Section 2707.4 of the Unemployment Insurance Code is amended to read: +2707.4. +(a) The claimant may, within 20 days after the mailing or personal service of the notice of computation or recomputation, protest the accuracy of the computation or recomputation. The 20-day period may be extended for good cause. The department shall consider any such protest and shall promptly notify the claimant of the recomputation or denial of recomputation. The claimant may appeal from a notice of denial of recomputation in the manner prescribed in Section 2707.2. The director shall be an interested party to any appeal. +(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. +(c) This section shall remain in effect only until March 1, 2018, and as of that date is repealed. +SEC. 4. +Section 2707.4 is added to the Unemployment Insurance Code, to read: +2707.4. +(a) The claimant may, within 30 days after the mailing or personal service of the notice of computation or recomputation, protest the accuracy of the computation or recomputation. The 30-day period may be extended for good cause. The department shall consider any such protest and shall promptly notify the claimant of the recomputation or denial of recomputation. The claimant may appeal from a notice of denial of recomputation in the manner prescribed in Section 2707.2. The director shall be an interested party to any appeal. +(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. +(c) This section shall become operative on March 1, 2018. +SEC. 5. +Section 2707.7 is added to the Unemployment Insurance Code, to read: +2707.7. +(a) Notwithstanding Sections 2707.2 and 2707.4, any individual who submits an appeal under one or more of those sections to an administrative law judge within 30 days from mailing or personal service of the applicable notice shall be considered to have good cause to extend the 20-day period. +(b) This section shall remain in effect only until March 1, 2018, and as of that date is repealed. +SEC. 6. +Section 2707.8 is added to the Unemployment Insurance Code, to read: +2707.8. +(a) An administrative law judge, after affording a reasonable opportunity for fair hearing, shall, unless the appeal is withdrawn, affirm, reverse, modify, or set aside any determination that is appealed under this article. The claimant and the director shall be promptly notified in writing of the administrative law judge’s decision, together with reasons for the decision. The decision shall be final unless, within 30 days after mailing of the decision, further appeal is initiated to the appeals board pursuant to Section 1336. The 30-day limitation may be extended for good cause. +(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. +SEC. 7. +Section 2737 of the Unemployment Insurance Code is amended to read: +2737. +(a) Within 20 days from the date of mailing or serving of the notice of overpayment determination, the person affected may file an appeal to an administrative law judge. The director shall be an interested party to any such appeal. The administrative law judge, after affording reasonable opportunity for a fair hearing, shall, unless the appeal is withdrawn, affirm, reverse, modify, or set aside the findings set forth in the notice of overpayment determination. The party and the director shall be notified of the administrative law judge’s decision, together with his or her reasons therefor, which shall be final unless within 20 days from the date of notification or mailing of the decision a further appeal is initiated to the appeals board pursuant to Section 1336. The 20-day period for an appeal to the administrative law judge or to the appeals board may be extended for good cause. +“Good +(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. +(c) This section shall remain in effect only until March 1, 2018, and as of that date is repealed. +SEC. 8. +Section 2737 is added to the Unemployment Insurance Code, to read: +2737. +(a) Within 30 days from the date of mailing or serving of the notice of overpayment determination, the person affected may file an appeal to an administrative law judge. The director shall be an interested party to any such appeal. The administrative law judge, after affording reasonable opportunity for a fair hearing, shall, unless the appeal is withdrawn, affirm, reverse, modify, or set aside the findings set forth in the notice of overpayment determination. The party and the director shall be notified of the administrative law judge’s decision, together with his or her reasons therefor, which shall be final unless within 30 days from the date of notification or mailing of the decision a further appeal is initiated to the appeals board pursuant to Section 1336. The 30-day period for an appeal to the administrative law judge or to the appeals board may be extended for good cause. +(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. +(c) This section shall become operative on March 1, 2018. +SEC. 9. +Section 2737.5 is added to the Unemployment Insurance Code, to read: +2737.5. +(a) Notwithstanding Section 2737, any individual who submits an appeal under that section to an administrative law judge within 30 days from mailing or personal service of the notice of overpayment determination shall be considered to have good cause to extend the 20-day period. +(b) This section shall remain in effect only until March 1, 2018, and as of that date is repealed.","Existing law authorizes the Employment Development Department to administer the disability compensation program, which provides for the partial compensation for the wage losses suffered by eligible individuals unemployed because of sickness or injury. Existing law requires, after a claim for benefits is filed, the department to determine the eligibility of the claimant for benefits and to notify the claimant of the determination. Existing law allows the claimant to appeal to an administrative law judge within 20 days from mailing or personal service of the determination, which may be extended for good cause. +This bill would provide that, before March 1, 2018, any individual who submits an appeal to an administrative law judge within 30 days from the mailing or personal service of the determination has good cause to extend the 20-day period. The bill would, commencing March 1, 2018, extend that appeal period to within 30 days from mailing or personal service of the determination notice. +Existing law generally requires, upon the filing of a claim for disability benefits, the Employment Development Department to promptly make a computation on the claim setting forth the maximum amount of benefits potentially payable during the disability benefit period and the weekly benefit amount and to promptly notify the claimant of the computation. Existing law allows the claimant to, within 20 days after the mailing or personal service of the notice of computation or recomputation, protest the accuracy of the computation or recomputation, requires the department to consider any protest and notify the claimant of the recomputation or denial of recomputation, and allows the claimant to appeal to an administrative law judge within 20 days from mailing or personal service of the notice of denial of recomputation, which may be extended for good cause. +This bill would provide that, before March 1, 2018, any individual who submits an appeal to an administrative law judge within 30 days from the mailing or personal service of the notice has good cause to extend the 20-day period. The bill would, commencing March 1, 2018, extend that period allowed to the claimant to protest the accuracy of the computation or recomputation to the department to within 30 days of the mailing or personal service of the notice. The bill would also, commencing March 1, 2018, extend the appeal period to the administrative law judge to within 30 days from mailing or personal service of the notice of denial of recomputation. +Under existing law, any person who receives an overpayment of disability benefits is liable for the amount overpaid unless specified conditions apply. Existing law requires the Director of Employment Development to determine the amount of the overpayment and to notify the recipient of the basis of the overpayment determination by mail or personal service, as provided. Existing law allows the person affected to file an appeal to an administrative law judge within 20 days from the date of mailing or serving of the notice of overpayment determination. Existing law requires, after affording reasonable opportunity for a fair hearing, the administrative law judge to make a decision regarding the findings set forth in the overpayment determination notice, and requires that decision to be final unless within 20 days from the date of notification or mailing of the judge’s decision a further appeal is initiated to the California Unemployment Insurance Appeals Board, as specified. +This bill would provide that, before March 1, 2018, any individual who submits an appeal to an administrative law judge within 30 days from the mailing or personal service of the notice has good cause to extend the 20-day period. The bill would, commencing March 1, 2018, extend that appeal period to the administrative law judge to within 30 days of mailing or serving of the determination notice. The bill would also, commencing March 1, 2018, extend the appeal period to the appeals board to within 30 days from the date of notification or mailing of the administrative law judge’s decision.","An act to amend, repeal, and add Sections 2707.2, 2707.4, and 2737 of, to add Section 2707.8 to, and to add and repeal Sections 2707.7 and 2737.5 of, the Unemployment Insurance Code, relating to disability compensation." +1232,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25173.7 of the Health and Safety Code is amended to read: +25173.7. +(a) It is the intent of the Legislature that funds deposited in the Toxic Substances Control Account shall be appropriated in the annual Budget Act each year in the following manner: +(1) An amount sufficient to pay for the estimated costs identified by the department in the report submitted pursuant to subdivision (c) to the Site Remediation Account in the General Fund for direct site remediation costs, as defined in Section 25337. +(2) Not less than ten million seven hundred fifty thousand dollars ($10,750,000) to the Site Remediation Account in the General Fund for direct site remediation costs, as defined in Section 25337. +(3) Not less than four hundred thousand dollars ($400,000) to the Expedited Site Remediation Trust Fund in the State Treasury, created pursuant to subdivision (a) of former Section 25399.1, for purposes of paying the orphan share of response costs pursuant to former Chapter 6.85 (commencing with Section 25396). +(4) An amount that does not exceed the costs incurred by the State Board of Equalization, a private party, or other public agency, to administer and collect the fees imposed pursuant to Article 9.1 (commencing with Section 25205.1) and deposited into the Toxic Substances Control Account, for the purpose of reimbursing the State Board of Equalization, public agency, or private party, for those costs. +(5) Not less than one million fifty thousand dollars ($1,050,000) for purposes of establishing and implementing a program pursuant to Sections 25244.15.1, 25244.17.1, 25244.17.2, and 25244.22 to encourage hazardous waste generators to implement pollution prevention measures. +(6) Funds not appropriated as specified in paragraphs (1) to (5), inclusive, may be appropriated for any of the purposes specified in subdivision (b) of Section 25173.6, except the purposes specified in subparagraph (C) of paragraph (1) of, and paragraph (13) of, subdivision (b) of Section 25173.6. +(b) (1) The amounts specified in paragraphs (2) to (5), inclusive, of subdivision (a) shall be adjusted annually to reflect increases or decreases in the cost of living during the prior fiscal year, as measured by the Consumer Price Index issued by the Department of Industrial Relations or by a successor agency. +(2) Notwithstanding paragraph (1), the department may, upon the approval of the Legislature in a statute or the annual Budget Act, take either of the following actions: +(A) Reduce the amounts specified in paragraphs (1) to (5), inclusive, of subdivision (a), if there are insufficient funds in the Toxic Substances Control Account. +(B) Suspend the transfer specified in paragraph (3) of subdivision (a), if there are no orphan shares pending payment pursuant to former Chapter 6.85 (commencing with Section 25396). +(c) The department shall submit to the Legislature with the Governor’s Budget each year a report that includes an estimate of the funding needed to fund direct site remediation costs at state orphan sites and meet the state’s obligation to pay for direct site remediation costs at federal Superfund orphan sites pursuant to paragraph (3) of subsection (c) of Section 104 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9604(c)(3)). The estimate shall include projected costs for the current budget year and the two following budget years, including, but not limited to, the state’s 10-percent funding obligation for remedial actions at federal Superfund orphan sites, the state’s 100-percent funding obligation for ongoing operation and maintenance at federal Superfund orphan sites, and ongoing operation and maintenance costs at state orphan sites. +SEC. 2. +Section 25205.6 of the Health and Safety Code is amended to read: +25205.6. +(a) For purposes of this section, “organization” means a corporation, limited liability company, limited partnership, limited liability partnership, general partnership, and sole proprietorship. +(b) On or before November 1 of each year, the department shall provide the board with a schedule of codes, that consists of the types of organizations that use, generate, store, or conduct activities in this state related to hazardous materials, as defined in Section 25501, including, but not limited to, hazardous waste. The schedule shall consist of identification codes from one of the following classification systems, as deemed suitable by the department: +(1) The Standard Industrial Classification (SIC) system established by the United States Department of Commerce. +(2) The North American Industry Classification System (NAICS) adopted by the United States Census Bureau. +(c) Each organization of a type identified in the schedule adopted pursuant to subdivision (a) shall pay an annual fee, which shall be set in the following amounts: +(1) Two hundred dollars ($200) for those organizations with 50 or more employees, but fewer than 75 employees. +(2) Three hundred fifty dollars ($350) for those organizations with 75 or more employees, but fewer than 100 employees. +(3) Seven hundred dollars ($700) for those organizations with 100 or more employees, but fewer than 250 employees. +(4) One thousand five hundred dollars ($1,500) for those organizations with 250 or more employees, but fewer than 500 employees. +(5) Two thousand eight hundred dollars ($2,800) for those organizations with 500 or more employees, but fewer than 1,000 employees. +(6) Nine thousand five hundred dollars ($9,500) for those organizations with 1,000 or more employees. +(d) The fee imposed pursuant to this section shall be paid by each organization that is identified in the schedule adopted pursuant to subdivision (a) in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code and shall be deposited in the Toxic Substances Control Account. The revenues shall be available, upon appropriation by the Legislature, for the purposes specified in subdivision (b) of Section 25173.6. +(e) For purposes of this section, the number of employees employed by an organization is the number of persons employed in this state for more than 500 hours during the calendar year preceding the calendar year in which the fee is due. +(f) The fee rates specified in subdivision (c) are the rates for the 1998 calendar year. Beginning with the 1999 calendar year, and for each calendar year thereafter, the State Board of Equalization shall adjust the rates annually to reflect increases or decreases in the cost of living during the prior fiscal year, as measured by the Consumer Price Index issued by the Department of Industrial Relations or by a successor agency. +(g) (1) Pursuant to paragraph (3) of subsection (c) of Section 104 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9604(c)(3)), the state is obligated to pay specified costs of removal and remedial actions carried out pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.). +(2) The fee rates specified in subdivision (c) are intended to provide sufficient revenues to fund the purposes of subdivision (b) of Section 25173.6, including appropriations in any given fiscal year to fund the state’s obligation pursuant to paragraph (3) of subsection (c) of Section 104 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9604(c)(3)). +(h) This section does not apply to a nonprofit corporation primarily engaged in the provision of residential social and personal care for children, the aged, and special categories of persons with some limits on their ability for self-care, as described in SIC Code 8361 of the Standard Industrial Classification (SIC) Manual published by the United States Office of Management and Budget, 1987 edition. +(i) The changes made to this section by the act of the 2005–06 Regular Session of the Legislature amending this section shall not increase fee revenues in the 2006–07 fiscal year.","Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Superfund Act), imposes liability for hazardous substance removal or remedial actions and authorizes moneys in the Toxic Substances Control Account in the General Fund to be expended by the Department of Toxic Substances Control to pay, among other things, all costs of removal or remedial actions incurred by the state and for the state’s share of the costs of removal or remedial actions mandated by the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, commonly known as the Federal Superfund Act. Existing law expresses the intent of the Legislature that the funds deposited in the account be appropriated in the annual Budget Act each year in a specified manner, including not less than $6,750,000 to the Site Remediation Account in the General Fund for direct site remediation costs, as defined. Existing law defines orphan sites as those with no reasonably identifiable responsible parties. +This bill would instead express the intent of the Legislature that the funds deposited in the account be appropriated in the annual Budget Act each year to the Site Remediation Account in an amount that is sufficient to pay for estimated costs for direct site remediation at both federal Superfund orphan sites and at state orphan sites, and that not less than $10,750,000 be appropriated in the annual Budget Act each year to the Site Remediation Account for direct site remediation costs. The bill would require the department to include those estimated costs in a report submitted to the Legislature with the Governor’s Budget each year. +Existing law requires the department to provide the State Board of Equalization with a schedule of codes identifying the types of organizations that use, generate, store, or conduct activities in this state related to hazardous materials. Each organization type identified in the schedule is required to pay an annual fee, which is deposited in the Toxic Substances Control Account. Existing law expresses the intent that those organization fee rates are intended to provide sufficient revenue to fund, among other things, appropriations in any given fiscal year of $3,300,000 to fund the state’s clean-up obligation under the Federal Superfund Act. If the department determines that the state’s obligation under the Federal Superfund Act will exceed $3,300,000 in any fiscal year, existing law requires the department to report that determination to the Legislature in the Governor’s Budget. +This bill would repeal that expression of legislative intent and a related requirement that the Legislature specify in the annual Budget Act changes to those rates necessary to fund the state’s increased obligation under the Federal Superfund Act. The bill would instead express the intent of the Legislature that those rates are intended to provide sufficient revenue to fund appropriations in any given fiscal year to fund the state’s obligation under the Federal Superfund Act. +This bill would also make conforming changes and delete obsolete provisions.","An act to amend Sections 25173.7 and 25205.6 of the Health and Safety Code, relating to hazardous waste." +1233,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 25185.6 of the Health and Safety Code is amended to read: +25185.6. +(a) (1) The department or a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, in connection with any action authorized by this chapter, may require any of the following persons to furnish and transmit, upon reasonable notice, to the designated offices of the department or the local officer or agency any existing information relating to hazardous substances, hazardous wastes, or hazardous materials: +(A) Any person who owns or operates any hazardous waste facility. +(B) Any person who generates, stores, treats, transports, disposes of, or otherwise handles hazardous waste. +(C) Any person who has generated, stored, treated, transported, disposed of, or otherwise handled hazardous waste. +(D) Any person who arranges, or has arranged, by contract or other agreement, to store, treat, transport, dispose of, or otherwise handle hazardous waste. +(E) Any person who applies, or has applied, for any permit, registration, or certification under this chapter. +(2) (A) The department, or a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, may require a person described in paragraph (1) to furnish and transmit, upon reasonable notice, to the designated offices of the department or the local officer or agency, any information relating to the person’s ability to pay for, or to perform, a response or corrective action. +(B) This paragraph applies only if there is a reasonable basis to believe that there has been or may be a release or threatened release of a hazardous substance, hazardous wastes, or hazardous material, and only for the purpose of determining under this chapter how to finance a response or corrective action or otherwise for the purpose of enforcing this chapter. +(b) (1) The department may require any person who has information regarding the activities of a person described in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a) relating to hazardous substances, hazardous wastes, or hazardous materials to furnish and transmit, upon reasonable notice, that information to the designated offices of the department. +(2) (A) The department may require any person who has information regarding the activities of a person described in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a), relating to the ability of the person described in those subparagraphs to pay for, or to perform, a response or corrective action, upon reasonable notice, to furnish and transmit that information to the designated offices of the department. +(B) This paragraph applies only if there is a reasonable basis to believe that there has been or may be a release or threatened release of a hazardous substance, hazardous wastes, or hazardous material, and only for the purpose of determining under this chapter how to finance a response or corrective action or otherwise for the purpose of enforcing this chapter. +(c) Any person required to furnish information pursuant to this section shall pay any costs of photocopying or transmitting this information. +(d) When requested by the person furnishing information pursuant to this section, the department or the local officer or agency shall follow the procedures established under Section 25173. +(e) If a person intentionally or negligently fails to furnish and transmit to the designated offices of the department or the local officer or agency any existing information required pursuant to this section, the department may issue an order pursuant to Section 25187 directing compliance with the request. +(f) The department may disclose information submitted pursuant to this section to authorized representatives, contractors, or other governmental agencies only in connection with the department’s responsibilities pursuant to this chapter. The department shall establish procedures to ensure that information submitted pursuant to this section is used only in connection with these responsibilities and is not otherwise disseminated without the consent of the person who provided the information to the department. +(g) The department may also make available to the United States Environmental Protection Agency any and all information required by law to be furnished to that agency. The sharing of information between the department and that agency pursuant to this section does not constitute a waiver by the department or any affected person of any privilege or confidentiality provided by law that pertains to the information. +(h) A person providing information pursuant to subdivision (a) or (b) shall, at the time of its submission, identify all information that the person believes is a trade secret. Any information or record not identified as a trade secret is available to the public, unless exempted from disclosure by other provisions of law. For purposes of this subdivision, “trade secret” is defined as in Section 25173. +(i) Notwithstanding Section 25190, a person who knowingly and willfully disseminates information protected by Section 25173 or procedures established by the department pursuant to Section 25173 shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000), imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. +SEC. 2. +Section 25358.1 of the Health and Safety Code is amended to read: +25358.1. +(a) The department, a representative of the department, or any person designated by the director may take the actions specified in this section only if there is a reasonable basis to believe that there has been or may be a release or threatened release of a hazardous substance, and only for the purpose of determining under this chapter the need for a response action, the choosing or taking of a response action, or otherwise for the purpose of enforcing this chapter. +(b) Any officer or employee of the department, a representative of the director, or a person designated by the director may require any person who has or may have information relevant to any of the following matters to furnish the information, upon reasonable notice: +(1) The identification, nature, and quantity of materials that have been, or are, generated, treated, stored, or disposed of at a hazardous substance release site or that have been, or are, transported to a hazardous substance release site. +(2) The nature or extent of a release or a threatened release of a hazardous substance at, or from, a hazardous substance release site. +(3) The ability of a person to pay for or to perform a response action, consistent with subsection (e) of Section 104 of the federal act (42 U.S.C. Sec. 9604(e)). +(c) Any person required to furnish information pursuant to this section shall pay any costs of photocopying or transmitting the information. +(d) A person who is required to provide information pursuant to subdivision (b) shall, in accordance with subdivision (i), allow the officer, employee, representative, or designee, upon reasonable notice and at reasonable times, to have access to, and copy, all records relating to the hazardous substances for purposes of assisting the department in determining the need for a response action. +(e) Any officer or employee of the department, representative of the director, or person designated by the director may, in accordance with subdivision (i), enter, at reasonable times, any of the following properties: +(1) Any nonresidential establishment or other place or property where any hazardous substances may be, or have been, produced, stored, treated, disposed of, or transported from. +(2) Any nonresidential establishment or other place or property from which, or to which, a hazardous substance has been, or may have been, released. +(3) Any nonresidential establishment or other place or property where a hazardous substance release is, or may be, threatened. +(4) Any nonresidential establishment or other place or property where entry is needed to determine the need for a response action, or the appropriate remedial action, to effectuate a response action under this chapter. +(5) Any residential place or property that, if it were a nonresidential establishment or other place or property, would otherwise meet the criteria described in paragraphs (1) to (4), inclusive, if the department, representative, or person designated by the director is able to establish, based upon reasonably available evidence, that hazardous substances have been released onto or under the residential place or real property and if entry is made only at reasonable times and after reasonable notification to the owners and occupants. +(f) Any officer or employee of the department, representative of the director, or person designated by the director may, in accordance with subdivision (i), carry out any of the following activities: +(1) Inspect and obtain samples from any establishment or other place or property specified in subdivision (e) or from any location of any suspected hazardous substance. +(2) Inspect and obtain samples of any substances from any establishment or place or property specified in subdivision (e). +(3) Inspect and obtain samples of any containers or labeling for the suspected hazardous substances, and samples of the soil, vegetation, air, water, and biota on the premises. +(4) Set up and maintain monitoring equipment for the purpose of assessing or measuring the actual or potential migration of hazardous substances. +(5) Survey and determine the topographic, geologic, and hydrogeologic features of the land. +(6) Photograph any equipment, sample, activity, or environmental condition described in paragraphs (2) to (5) inclusive. +(g) (1) If photographs are to be taken pursuant to paragraph (6) of subdivision (f), the department shall do all of the following: +(A) Comply with all procedures established pursuant to subdivision (b) of Section 25358.2. +(B) Notify the person whose facility is photographed prior to public disclosure of the photographs. +(C) Upon the request of the person owning the facility, submit a copy of any photograph to the person for the purpose of determining whether trade secret information, as defined in Section 25358.2, or facility security, would be revealed by the photograph. +(2) “Disclosure,” as used in Section 25358.2, for purposes of this paragraph, does not include the review of the photograph by a court of competent jurisdiction or by an administrative law judge. A court or judge may review the photograph in camera. +(h) An officer, employee, representative, or designee who enters a place, establishment, or property pursuant to this section shall make a reasonable effort to inform the owner or the owner’s authorized representative of the inspection and shall provide split samples to the owner or the representative upon request. +(i) If the owner or the owner’s authorized representative does not voluntarily grant access to a place, establishment, or property pursuant to this section, the officer, employee, representative, or designee shall first obtain a warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. However, if there is an emergency posing an immediate threat to public health and safety, the officer, employee, representative, or designee may enter the place, establishment, or property without the consent of the owner or owner’s authorized representative and without the issuance of a warrant. +(j) The department may disclose information submitted pursuant to this section to authorized representatives, contractors, or other governmental agencies only in connection with the department’s responsibilities pursuant to this chapter. The department shall establish procedures to ensure that information submitted pursuant to this section is used only in connection with these responsibilities and is not otherwise disseminated without the consent of the person who provided the information to the department. +(k) The department may also make available to the United States Environmental Protection Agency any information required by law to be furnished to that agency. The sharing of information between the department and that agency pursuant to this section does not constitute a waiver by the department or of any affected person of any privilege or confidentiality provided by law that pertains to the information. +(l) The department, and any person authorized by the department to enter upon any lands for the purpose of taking a response action pursuant to this chapter, shall not be held liable, in either a civil or criminal proceeding, for trespass or for any other acts that are necessary to carry out the response action. +SEC. 3. +Section 25358.2 of the Health and Safety Code is amended to read: +25358.2. +(a) “Trade secrets,” as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that is not patented, that is known only to certain individuals within a commercial concern who are using it to fabricate, produce, develop, or compound an article of trade or a service having commercial value, and that gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. +(b) The department shall establish procedures to ensure that trade secret information is utilized by the department only in connection with the responsibilities of the department pursuant to this chapter and is not otherwise disseminated without the consent of the person who provided the information to the department. However, any information shall be made available to governmental agencies for use in making studies and for use in judicial review or enforcement proceedings involving the person furnishing the information. +(c) Any person providing information pursuant to subdivision (b) of Section 25358.1 shall, at the time of its submission, identify all information that the person believes is a trade secret. Any information or record not identified as a trade secret is available to the public, unless exempted from disclosure by other provisions of law. +(d) Any person who knowingly and willfully disseminates information protected by this section or procedures established by the department pursuant to subdivision (b) shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000), imprisonment in the county jail not to exceed one year, or by both that fine and imprisonment. +SEC. 4. +Section 25390.5 of the Health and Safety Code is amended to read: +25390.5. +For the purposes of this article, the orphan share shall be determined in the following manner: +(a) The orphan share shall be expressed as a percentage in multiples of five, up to, and, including, but not greater than, 75 percent. +(b) The potentially responsible party filing a claim for reimbursement of the orphan share shall provide the administrator of the fund with a written potentially responsible party search report that shall include a list of all potentially responsible parties identified for the site, the factual and legal basis for identifying those parties, and a proposed orphan share percentage. The potentially responsible party shall also provide the administrator with the factual documentation necessary to support the proposed orphan share percentage. +(c) Upon receipt of the information required by subdivision (a), the administrator of the fund shall invite all identified potentially responsible parties and the department and the regional board to submit any additional information relating to the proposed orphan share percentage or to the list of identified potentially responsible parties. +(d) The administrator of the fund, in consultation with the department or the regional board, shall determine a final orphan share percentage based on the volume, toxicity, and difficulty of removal of the contaminants contributed to the site by the party or parties responsible for the orphan share. The administrator shall determine the orphan share timely and efficiently and is not required to precisely determine all relevant factors, as long as the determination is generally equitable. In addition, the administrator may consider the results of any apportionment or allocation conducted by voluntary arbitration or mediation or by a civil action filed by a potentially responsible party, or any other apportionment or allocation decision that is helpful when determining the orphan share percentage. +(e) A potentially responsible party shall not assert, and the administrator of the fund shall not determine, that the orphan share percentage includes the share of liability attributable to a potentially responsible party’s acts that occurred before January 1, 1982, unless that share of responsibility is attributable to a person who is defunct or insolvent. +(f) In determining the orphan share percentage under this section, the administrator of the fund may perform any of the activities authorized in subdivisions (b) and (d) of Section 25358.1. +(g) The administrator of the fund shall issue all orphan share percentage determinations in writing, with notification to all appropriate parties. The decision of the administrator with respect to either apportionment or payment of claims is a final agency action for the purposes of judicial review of the decision by any party to the proceedings resulting in the decision; however, judicial review of the administrator’s decision is limited to a showing of fraud by a party submitting information under this subdivision. The administrator shall be represented by the Attorney General in any action brought under this article. +SEC. 5. +No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) The Hazardous Waste Control Law authorizes the Department of Toxic Substances Control and authorized local enforcement officers and agencies to require specified persons to furnish and transmit certain information relating to the person’s ability to pay for or perform a response action, and further authorizes those entities to require any person who has information regarding another person’s activities that relate to the ability of the person to pay for or perform a response action to also furnish and transmit the information. Existing law makes those provisions applicable only if there is a reasonable basis to believe that there has been or may be a release or threatened release of a hazardous substance and only for the purpose of determining how to finance a response action or otherwise for the purpose of enforcing the Hazardous Waste Control Law. A violation of the Hazardous Waste Control Law is a crime. +This bill would make those provisions applicable also if there is a reasonable basis to believe that there has been or may be a release or threatened release of hazardous wastes or hazardous material and also for the purpose of determining how to finance a corrective action. +(2) Existing law authorizes an officer or employee of the department and specified other persons to require any person who has or may have information relevant to specified matters relating to the release of hazardous substances to furnish and transmit that information. Existing law authorizes the department to disclose trade secrets received by the department pursuant to the Hazardous Waste Control Law only under specified circumstances. +This bill would require the person required to furnish and transmit the information to pay for any costs of photocopying and transmitting the information. The bill would limit the disclosure by the department of information, including trade secrets, received by the department pursuant to these provisions of the Hazardous Waste Control Law, specifying the parties to whom that disclosure is proper and requiring the disclosures be in connection with the department’s responsibilities under that law. The bill would require this information to be made available to governmental agencies for use in making studies and for use in judicial review or enforcement proceedings involving the person furnishing the information. The bill would make conforming and other nonsubstantive changes. Because the bill’s provisions would expand the scope of a crime, the bill would impose a state-mandated local program. +(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. +This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 25185.6, 25358.1, 25358.2, and 25390.5 of the Health and Safety Code, relating to hazardous materials." +1234,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 1197.1 of the Labor Code is amended to read: +1197.1. +(a) Any employer or other person acting either individually or as an officer, agent, or employee of another person, who pays or causes to be paid to any employee a wage less than the minimum fixed by an applicable state or local law, or by an order of the commission shall be subject to a civil penalty, restitution of wages, liquidated damages payable to the employee, and any applicable penalties imposed pursuant to Section 203 as follows: +(1) For any initial violation that is intentionally committed, one hundred dollars ($100) for each underpaid employee for each pay period for which the employee is underpaid. This amount shall be in addition to an amount sufficient to recover underpaid wages, liquidated damages pursuant to Section 1194.2, and any applicable penalties imposed pursuant to Section 203. +(2) For each subsequent violation for the same specific offense, two hundred fifty dollars ($250) for each underpaid employee for each pay period for which the employee is underpaid regardless of whether the initial violation is intentionally committed. This amount shall be in addition to an amount sufficient to recover underpaid wages, liquidated damages pursuant to Section 1194.2, and any applicable penalties imposed pursuant to Section 203. +(3) Wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203, recovered pursuant to this section shall be paid to the affected employee. +(b) If, upon inspection or investigation, the Labor Commissioner determines that a person has paid or caused to be paid a wage less than the minimum under applicable law, the Labor Commissioner may issue a citation to the person in violation. The citation may be served personally or by registered mail in accordance with subdivision (c) of Section 11505 of the Government Code. Each citation shall be in writing and shall describe the nature of the violation, including reference to the statutory provision alleged to have been violated. The Labor Commissioner shall promptly take all appropriate action, in accordance with this section, to enforce the citation and to recover the civil penalty assessed, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 in connection with the citation. +(c) (1) If a person desires to contest a citation or the proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 therefor, the person shall, within 15 business days after service of the citation, notify the office of the Labor Commissioner that appears on the citation of his or her appeal by a request for an informal hearing. The Labor Commissioner or his or her deputy or agent shall, within 30 days, hold a hearing at the conclusion of which the citation or proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 shall be affirmed, modified, or dismissed. +(2) The decision of the Labor Commissioner shall consist of a notice of findings, findings, and an order, all of which shall be served on all parties to the hearing within 15 days after the hearing by regular first-class mail at the last known address of the party on file with the Labor Commissioner. Service shall be completed pursuant to Section 1013 of the Code of Civil Procedure. Any amount found due by the Labor Commissioner as a result of a hearing shall become due and payable 45 days after notice of the findings and written findings and order have been mailed to the party assessed. A writ of mandate may be taken from this finding to the appropriate superior court. The party shall pay any judgment and costs ultimately rendered by the court against the party for the assessment. The writ shall be taken within 45 days of service of the notice of findings, findings, and order thereon. +(3) As a condition to filing a petition for a writ of mandate, the petitioner seeking the writ shall first post a bond with the Labor Commissioner equal to the total amount of any minimum wages, liquidated damages, and overtime compensation that are due and owing as determined pursuant to subdivision (b) of Section 558, as specified in the citation being challenged. The bond amount shall not include amounts for penalties. The bond shall be issued by a surety duly authorized to do business in this state, shall be issued in favor of unpaid employees, and shall ensure that the petitioner makes payments as set forth in this paragraph. If a decision is entered which affirms or modifies the amounts for minimum wages, liquidated damages, or overtime compensation, the petitioner shall pay the amounts owed for the specified items included in a clerk’s judgment entered under subdivision (f) based on the decision, or pursuant to a court judgment in a writ of mandate proceeding under paragraph (2). If the request for a writ is withdrawn or dismissed without entry of judgment, the petitioner shall pay the amounts owed for the specified items pursuant to the citation, or the administrative decision if a pending writ of mandate is dismissed prior to a court decision, unless the parties have executed a settlement agreement for payment of some other amount. In the case of a settlement agreement, the petitioner shall pay the amount he or she is obligated to pay under the terms of the settlement. +(4) If the employer fails to pay the amount of minimum wages, liquidated damages, or overtime compensation owed within 10 days of the entry of judgment, dismissal or withdrawal of writ, or the execution of a settlement agreement, a portion of the undertaking, described in paragraph (3), equal to the amount owed, or the entire undertaking if the amount owed exceeds the undertaking, shall be forfeited to the employee. +(d) A person to whom a citation has been issued shall, in lieu of contesting a citation pursuant to this section, transmit to the office of the Labor Commissioner designated on the citation the amount specified for the violation within 15 business days after issuance of the citation. +(e) When no petition objecting to a citation or the proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 is filed, a certified copy of the citation or proposed civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the citation or proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203. +(f) When findings and the order thereon are made affirming or modifying a citation or proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 after hearing, a certified copy of these findings and the order entered thereon may be entered by the Labor Commissioner in the office of the clerk of the superior court in any county in which the person assessed has property or in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the certified order. +(g) A judgment entered pursuant to this section shall bear the same rate of interest and shall have the same effect as other judgments and be given the same preference allowed by the law on other judgments rendered for claims for taxes. The clerk shall make no charge for the service provided by this section to be performed by him or her. +(h) In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local minimum wage law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local minimum wage law if the local entity has not cited the employer for the same violation. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation. +(i) The civil penalties provided for in this section are in addition to any other penalty provided by law. +(j) This section shall not apply to any order of the commission relating to household occupations. +(k) This section does not change the applicability of local minimum wage laws to any entity.","Under existing law, any employer or other person acting either individually or as an officer, agent, or employee of another person, who pays or causes to be paid to any employee a wage less than the minimum fixed by applicable state or local law or an order of the Industrial Welfare Commission, is subject to a civil penalty, restitution of wages, liquidated damages payable to the employee, and any applicable specified penalties, as provided. Existing law provides notice and hearing requirements under which a person against whom a citation has been issued can request a hearing to contest proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties. Existing law further provides that after a hearing with the Labor Commissioner, a person contesting a citation may file a writ of mandate, within 45 days, with the appropriate superior court. +This bill would require a person seeking a writ of mandate contesting the Labor Commissioner’s ruling to post a bond with the Labor Commissioner, as specified, in an amount equal to the unpaid wages assessed under the citation, excluding penalties. The bill would require that the bond be issued in favor of the unpaid employees and ensure that the person seeking the writ makes prescribed payments pursuant to the proceedings. The bill would provide that the proceeds of the bond, sufficient to cover the amount owed, would be forfeited to the employee if the employer fails to pay the amounts owed within 10 days from the conclusion of the proceedings, as specified.","An act to amend Section 1197.1 of the Labor Code, relating to employment." +1235,"The people of the State of California do enact as follows: + + +SECTION 1. +(a) The Legislature finds and declares all of the following: +(1) California’s dominance in many economic areas is based, in part, on the significant role small businesses play in the state’s $2.3 trillion economy. +(2) Business owners with no employees make up the single largest component of businesses in California, 2.8 million out of an estimated 3.5 million businesses in 2010. +(3) Nearly 90 percent of all businesses with employees have fewer than 20 employees, employing 37 percent of all workers in 2012. +(4) Research by the United States Census Bureau and the Ewing Marion Kauffman Foundation confirm that job growth is greater among businesses with fewer than 20 employees. +(5) California’s nonemployer and small employer firms create jobs, generate tax revenue, and revitalize communities. +(b) It is the intent of the Legislature that the state set and implement a 25 percent small business participation goal for state procurement and contracting. +SEC. 2. +Section 14838 of the Government Code is amended to read: +14838. +In order to facilitate the participation of small business, including microbusiness, in the provision of goods, information technology, and services to the state, and in the construction, including alteration, demolition, repair, or improvement, of state facilities, the directors of the department and other state agencies that enter those contracts, each within their respective areas of responsibility, shall do all of the following: +(a) Establish goals, consistent with those established by the Office of Small Business Certification and Resources, for the extent of participation of small businesses, including microbusinesses, in the provision of goods, information technology, and services to the state, and in the construction of state facilities. Each state agency that is required to make a report to the Director of General Services pursuant to subdivision (f) of Section 14838.1 shall include the goals in its report. The director shall also include the goals in the department report made pursuant to Section 10111 of the Public Contract Code. +(b) Provide for small business preference, or nonsmall business preference for bidders that provide for small business and microbusiness subcontractor participation, in the award of contracts for goods, information technology, services, and construction, as follows: +(1) In solicitations where an award is to be made to the lowest responsible bidder meeting specifications, the preference to small business and microbusiness shall be 5 percent of the lowest responsible bidder meeting specifications. The preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation shall be, up to a maximum of 5 percent of the lowest responsible bidder meeting specifications, determined according to rules and regulations established by the Department of General Services. +(2) In solicitations where an award is to be made to the highest scored bidder based on evaluation factors in addition to price, the preference to small business or microbusiness shall be 5 percent of the highest responsible bidder’s total score. The preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation shall be up to a maximum 5 percent of the highest responsible bidder’s total score, determined according to rules and regulations established by the Department of General Services. +(3) The preferences under paragraphs (1) and (2) shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements. +(4) The preference under paragraph (1) shall not exceed fifty thousand dollars ($50,000) for any bid, and the combined cost of preferences granted pursuant to paragraph (1) and any other provision of law shall not exceed one hundred thousand dollars ($100,000). In bids in which the state has reserved the right to make multiple awards, this fifty thousand dollar ($50,000) maximum preference cost shall be applied, to the extent possible, so as to maximize the dollar participation of small businesses, including microbusinesses, in the contract award. +(c) Give special consideration to small businesses and microbusinesses by both: +(1) Reducing the experience required. +(2) Reducing the level of inventory normally required. +(d) Give special assistance to small businesses and microbusinesses in the preparation and submission of the information requested in Section 14310. +(e) Under the authorization granted in Section 10163 of the Public Contract Code, make awards, whenever feasible, to small business and microbusiness bidders for each project bid upon within their prequalification rating. This may be accomplished by dividing major projects into subprojects so as to allow a small business or microbusiness contractor to qualify to bid on these subprojects. +(f) Small business and microbusiness bidders qualified in accordance with this chapter shall have precedence over nonsmall business bidders in that the application of a bidder preference for which nonsmall business bidders may be eligible under this section or any other provision of law shall not result in the denial of the award to a small business or microbusiness bidder. In the event of a precise tie between the low responsible bid of a bidder meeting specifications of a small business or microbusiness, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business or microbusiness, the contract shall be awarded to the disabled veteran-owned small business or microbusiness. This provision applies if the small business or microbusiness bidder is the lowest responsible bidder, as well as if the small business or microbusiness bidder is eligible for award as the result of application of the small business and microbusiness bidder preference granted by subdivision (b). +SEC. 3. +Section 10111 of the Public Contract Code is amended to read: +10111. +Commencing January 1, 2007, the department shall make available a report on contracting activity containing the following information: +(a) A listing of consulting services contracts that the state has entered into during the previous fiscal year. The listing shall include the following: +(1) The name and identification number of each contractor. +(2) The type of bidding entered into, the number of bidders, whether the low bidder was accepted, and if the low bidder was not accepted, an explanation of why another contractor was selected. +(3) The amount of the contract price. +(4) Whether the contract was a noncompetitive bid contract, and why the contract was a noncompetitive bid contract. +(5) Justification for entering into each consulting services contract. +(6) The purpose of the contract and the potential beneficiaries. +(7) The date when the initial contract was signed, and the date when the work began and was completed. +(b) The report shall also include a separate listing of consultant contracts completed during that fiscal year, with the same information specified in subdivision (a). +(c) The information specified in subdivisions (a) and (b) shall also include a list of any contracts underway during that fiscal year on which a change was made regarding the following: +(1) The completion date of the contract. +(2) The amount of money to be received by the contractor, if it exceeds 3 percent of the original contract price. +(3) The purpose of the contract or duties of the contractor. A brief explanation shall be given if the change in purpose is significant. +(d) The level of participation, by agency, of disabled veteran business enterprises in statewide contracting and shall include dollar values of contract award for the following categories: +(1) Construction. +(2) Architectural, engineering, and other professional services. +(3) Procurement of materials, supplies, and equipment. +(4) Information technology procurements. +Additionally, the report shall include a statistical summary detailing each awarding department’s goal achievement and a statewide total of those goals. +(e) The level of participation by small business in state contracting including: +(1) Upon request, an up-to-date list of eligible small business bidders by general procurement and construction contract categories, noting company names and addresses and also noting which small businesses also qualify as microbusinesses. +(2) (A) By general procurement and construction contract categories, statistics comparing the small business and microbusiness contract participation dollars to the total state contract participation dollars. +(B) To the extent feasible, beginning +in 2018, +with the report issued in 2018 covering contracting activity in the 2017–18 fiscal year, +the information required to be included pursuant to subparagraph (A) also shall be provided by prime contractor and subcontractor, separately. +(3) (A) By awarding department and general procurement and construction categories, statistics comparing the small business and microbusiness contract participation dollars to the total state contract participation dollars. +(B) To the extent feasible, beginning +in 2018, +with the report issued in 2018 covering contracting activity in the 2017–18 fiscal year, +the information required to be included pursuant to subparagraph (A) also shall be provided by prime contractor and subcontractor, separately. +(4) Any recommendations for changes in statutes or state policies to improve opportunities for small businesses and microbusinesses. +(5) A statistical summary of small businesses and microbusinesses certified for state contracting by the number of employees at the business for each of the following categories: 0–5, +6–20, 21–50, and 51 +0–20, and 21 +to 100. +(6) To the extent feasible, beginning +in the year 2008, +with the report issued in 2018 covering contracting activity in the 2017–18 fiscal year, +the number of contracts awarded by the department in the categories specified in paragraph (5). +(7) The number of contracts and dollar amounts awarded annually pursuant to Section 14838.5 of the Government Code to small businesses, microbusinesses, and disabled veteran business enterprises. +(f) The level of participation of business enterprises, by race, ethnicity, and gender of the owner, in contracts to the extent that the information has been voluntarily reported to the department. In addition, the report shall contain the levels of participation of business enterprises, by race, ethnicity, and gender of the owner, and whether the business is a lesbian, gay, bisexual, or transgender owned business for the following categories of contracts, to the extent that the information has been voluntarily reported to the department: +(1) Construction. +(2) Purchases of materials, supplies, or equipment. +(3) Professional services. +(g) For purposes of this section, “subcontractor” and “prime contractor” shall have the same meaning as those terms are defined in Section 4113. +(h) The amendments made to this section by Chapter 861 of the Statutes of 2012 shall apply on and after January 1, 2013.","Existing law requires the Director of the Department of General Services and the directors of other state agencies to establish goals for the participation of small businesses, including microbusinesses, in the provision of goods, information technology, and services to the state, and in the construction of state facilities. +This bill would state the intent of the Legislature to set and implement a 25% small business participation goal for state procurement and contracting. +Existing law requires each state agency that was awarded any contract financed with the proceeds of the infrastructure-related bond acts of 2006 in the previous fiscal year to report to the Director of General Services statistics comparing the small business and microbusiness participation dollars for contracts funded by these bonds to the total contract dollars for contracts funded by the bonds. +This bill would require that the goals established by the agency director for the participation of small businesses, as described above, be reported to the director in that report. +Existing law requires the department to make available a report on contracting that contains information on the level of participation by small businesses in state contracting. +The bill would also require the goals established by the director for the participation of small businesses, as described above, to be included in that report. The bill would also +require that, +require, +to the extent feasible, beginning +in 2018, +with the report issued in 2018 covering contracting activity in the 2017–18 fiscal year, +that specified information in the report about the participation of small businesses be provided by prime contractor and subcontractor, separately. The bill would define subcontractor and prime contractor for purposes of these provisions. +The bill would also revise the categories, defined by the number of employees, by which a statistical summary relating to small and microbusinesses is required to be reported, and, to the extent feasible, beginning with the report issued in 2018 covering contracting activity in the 2017–18 fiscal year, the number of contracts awarded by the department in those categories.","An act to amend Section 14838 of the Government Code, and to amend Section 10111 of the Public Contract Code, relating to public contracting." +1236,"The people of the State of California do enact as follows: + + +SECTION 1. +Section 12012.75 of the Government Code is amended to read: +12012.75. +There is hereby created in the State Treasury a special fund called the “Indian Gaming Revenue Sharing Trust Fund” for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts for the purpose of making distributions to eligible recipient Indian tribes. Moneys in the Indian Gaming Revenue Sharing Trust Fund shall be available to the California Gambling Control Commission, upon appropriation by the Legislature, for the purpose of making distributions to eligible recipient Indian tribes, in accordance with distribution plans specified in tribal-state gaming compacts. +SEC. 2. +Section 12012.90 of the Government Code is amended to read: +12012.90. +For each fiscal year commencing with the 2016–17 fiscal year, all of the following shall apply: +(a) On or before the day of the May budget revision for each fiscal year, the California Gambling Control Commission shall determine the anticipated total amount of shortfalls in payment likely to occur in the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year, and shall provide to the committee in the Senate and Assembly that considers the State Budget an estimate of the amount needed to transfer from the Indian Gaming Special Distribution Fund to backfill the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year. The anticipated total amount of shortfalls to be transferred from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund shall be determined by the California Gambling Control Commission as follows: +(1) The anticipated number of eligible recipient Indian tribes that will be eligible to receive payments for the next fiscal year, multiplied by one million one hundred thousand dollars ($1,100,000), with that product reduced by the amount anticipated to be paid by the tribes directly into the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year. +(2) For purposes of this section and Section 12012.75, “eligible recipient Indian tribe” means a noncompact, nongaming, or limited-gaming tribe, as defined in the tribal-state gaming compacts ratified and in effect as provided in subdivision (f) of Section 19 of Article IV of the California Constitution. +(3) This amount shall be based upon actual payments received into the Indian Gaming Revenue Sharing Trust Fund the previous fiscal year, with adjustments made due to amendments to existing tribal-state gaming compacts or newly executed tribal-state gaming compacts with respect to payments to be made to the Indian Gaming Revenue Sharing Trust Fund. +(b) The Legislature shall transfer from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund an amount sufficient for each eligible recipient Indian tribe to receive a total not to exceed two hundred seventy-five thousand dollars ($275,000) for each quarter in the next fiscal year that an eligible recipient Indian tribe is eligible to receive moneys, for a total not to exceed one million one hundred thousand dollars ($1,100,000) for the entire fiscal year. The California Gambling Control Commission shall make quarterly payments from the Indian Gaming Revenue Sharing Trust Fund to each eligible recipient Indian tribe within 45 days of the end of each fiscal quarter. +(c) If the transfer of funds from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund results in a surplus, the funds shall remain in the Indian Gaming Revenue Sharing Trust Fund for disbursement in future years, and if necessary, adjustments shall be made to future distributions from the Indian Gaming Special Distribution Fund to the Revenue Sharing Trust Fund. +(d) In the event the amount appropriated for the fiscal year is insufficient to ensure each eligible recipient Indian tribe receives the total of two hundred seventy-five thousand dollars ($275,000) for each fiscal quarter, the Department of Finance, after consultation with the California Gambling Control Commission, shall submit to the Legislature a request for a budget augmentation for the current fiscal year with an explanation as to the reason why the amount appropriated for the fiscal year was insufficient. +(e) At the end of each fiscal quarter, the California Gambling Control Commission’s Indian Gaming Revenue Sharing Trust Fund report shall include information that identifies each of the eligible recipient Indian tribes for that fiscal quarter, the amount paid into the Indian Gaming Revenue Sharing Trust Fund by each of the tribes pursuant to the applicable sections of the tribal-state gaming compact, provided that tribes contributing on a net win or gross gaming revenue basis may be aggregated in the report, and the amount necessary to backfill from the Indian Gaming Special Distribution Fund the shortfall in the Indian Gaming Revenue Sharing Trust Fund in order for each eligible recipient Indian tribe to receive the total of two hundred seventy-five thousand dollars ($275,000) for the fiscal quarter.","Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes. +Existing law establishes the Indian Gaming Revenue Sharing Trust Fund within the State Treasury for the receipt and deposit of moneys derived from gaming device license fees that are received from tribes pursuant to the terms of tribal-state gaming compacts for the purpose of making distributions to noncompact tribes. Existing law provides that moneys in that fund are available to the California Gambling Control Commission, upon appropriation by the Legislature, for the purpose of making those distributions in accordance with plans specified in tribal-state gaming compacts. +This bill would clarify that the purpose of the fund is for making distributions to eligible recipient Indian tribes. +Existing law requires the California Gambling Control Commission to, on or before the day of the May budget revision for each fiscal year, determine the anticipated total amount of shortfalls in payment likely to occur in the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year, and to provide to the committee in the Senate and Assembly that considers the State Budget an estimate of the amount needed to transfer from the Indian Gaming Special Distribution Fund to backfill the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year. Existing law requires, at the end of each fiscal quarter, the commission’s Indian Gaming Revenue Sharing Trust Fund report to include specified information, including, among other things, the amount paid into the Indian Gaming Revenue Sharing Trust Fund by each of the tribes pursuant to the applicable sections of the tribal-state gaming compact. +This bill would provide that tribes contributing to the Indian Gaming Revenue Sharing Trust Fund on a net win or gross gaming revenue basis may be aggregated in the quarterly report described above. +Existing law requires the California Gambling Control Commission to determine the amount of money needed to be transferred from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund to ensure that each eligible recipient Indian tribe receives a specified amount of the funds. Existing law defines “eligible recipient tribe” for those purposes to mean a noncompact tribe, as defined in the tribal-state gaming compacts ratified and in effect, as specified. Those compacts define “noncompact tribe” to mean a federally recognized tribe that operates fewer than 350 gaming devices. +This bill would clarify that “eligible recipient Indian tribe” means a noncompact, nongaming, or limited-gaming tribe, as defined in the tribal-state gaming compacts ratified and in effect, as provided. The bill would delete other related, obsolete provisions.","An act to amend Sections 12012.75 and 12012.90 of the Government Code, relating to gaming." diff --git a/sdk/python/endpoints/batch/bart-text-summarization/data/billsum.csv b/sdk/python/endpoints/batch/bart-text-summarization/data/billsum.csv deleted file mode 100644 index 3323390d54..0000000000 --- a/sdk/python/endpoints/batch/bart-text-summarization/data/billsum.csv +++ /dev/null @@ -1,75294 +0,0 @@ -,text,summary,title -0,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) (1) Since 1899 congressionally chartered veterans’ organizations have provided a valuable service to our nation’s returning service members. These organizations help preserve the memories and incidents of the great hostilities fought by our nation, and preserve and strengthen comradeship among members. -(2) These veterans’ organizations also own and manage various properties including lodges, posts, and fraternal halls. These properties act as a safe haven where veterans of all ages and their families can gather together to find camaraderie and fellowship, share stories, and seek support from people who understand their unique experiences. This aids in the healing process for these returning veterans, and ensures their health and happiness. -(b) As a result of congressional chartering of these veterans’ organizations, the United States Internal Revenue Service created a special tax exemption for these organizations under Section 501(c)(19) of the Internal Revenue Code. -(c) Section 501(c)(19) of the Internal Revenue Code and related federal regulations provide for the exemption for posts or organizations of war veterans, or an auxiliary unit or society of, or a trust or foundation for, any such post or organization that, among other attributes, carries on programs to perpetuate the memory of deceased veterans and members of the Armed Forces and to comfort their survivors, conducts programs for religious, charitable, scientific, literary, or educational purposes, sponsors or participates in activities of a patriotic nature, and provides social and recreational activities for their members. -(d) Section 215.1 of the Revenue and Taxation Code stipulates that all buildings, support and so much of the real property on which the buildings are situated as may be required for the convenient use and occupation of the buildings, used exclusively for charitable purposes, owned by a veterans’ organization that has been chartered by the Congress of the United States, organized and operated for charitable purposes, when the same are used solely and exclusively for the purpose of the organization, if not conducted for profit and no part of the net earnings of which ensures to the benefit of any private individual or member thereof, are exempt from taxation. -(e) The Chief Counsel of the State Board of Equalization concluded, based on a 1979 appellate court decision, that only parts of American Legion halls are exempt from property taxation and that other parts, such as billiard rooms, card rooms, and similar areas, are not exempt. -(f) In a 1994 memorandum, the State Board of Equalization’s legal division further concluded that the areas normally considered eligible for exemptions are the office areas used to counsel veterans and the area used to store veterans’ records, but that the meeting hall and bar found in most of the facilities are not considered used for charitable purposes. -(g) Tax-exempt status is intended to provide economic incentive and support to veterans’ organizations to provide for the social welfare of the community of current and former military personnel. -(h) The State Board of Equalization’s constriction of the tax exemption has resulted in an onerous tax burden on California veteran service organizations posts or halls, hinders the posts’ ability to provide facilities for veterans, and threatens the economic viability of many local organizations. -(i) The charitable activities of a veteran service organizations post or hall are much more than the counseling of veterans. The requirements listed for qualification for the federal tax exemption clearly dictate a need for more than just an office. -(j) Programs to perpetuate the memory of deceased veterans and members of the Armed Forces and to comfort their survivors require the use of facilities for funerals and receptions. -(k) Programs for religious, charitable, scientific, literary, or educational purposes require space for more than 50 attendees. -(l) Activities of a patriotic nature need facilities to accommodate hundreds of people. -(m) Social and recreational activities for members require precisely those areas considered “not used for charitable purposes” by the State Board of Equalization. -(n) The State Board of Equalization’s interpretation of the Revenue and Taxation Code reflects a lack of understanding of the purpose and programs of the veterans service organizations posts or halls and is detrimental to the good works performed in support of our veteran community. -SECTION 1. -SEC. 2. -Section 215.1 of the Revenue and Taxation Code is amended to read: -215.1. -(a) All buildings, and so much of the real property on which the buildings are situated as may be required for the convenient use and occupation of the buildings, used exclusively for charitable purposes, owned by a veterans’ organization that has been chartered by the Congress of the United States, organized and operated for charitable purposes, and exempt from federal income tax as an organization described in Section 501(c)(19) of the Internal Revenue Code when the same are used solely and exclusively for the purpose of the organization, if not conducted for profit and no part of the net earnings of which inures to the benefit of any private individual or member thereof, shall be exempt from taxation. -(b) The exemption provided for in this section shall apply to the property of all organizations meeting the requirements of this section, subdivision (b) of Section 4 of Article XIII of the California Constitution, and paragraphs (1) to (4), inclusive, (6), and (7) of subdivision (a) of Section 214. -(c) (1) The exemption specified by subdivision (a) shall not be denied to a property on the basis that the property is used for fraternal, lodge, or social club purposes. -(2) With regard to this subdivision, the Legislature finds and declares all of the following: -(A) The exempt activities of a veterans’ organization as described in subdivision (a) qualitatively differ from the exempt activities of other nonprofit entities that use property for fraternal, lodge, or social club purposes in that the exempt purpose of the veterans’ organization is to conduct programs to perpetuate the memory of deceased veterans and members of the Armed Forces and to comfort their survivors, to conduct programs for religious, charitable, scientific, literary, or educational purposes, to sponsor or participate in activities of a patriotic nature, and to provide social and recreational activities for their members. -(B) In light of this distinction, the use of real property by a veterans’ organization as described in subdivision (a), for fraternal, lodge, or social club purposes is central to that organization’s exempt purposes and activities. -(C) In light of the factors set forth in subparagraphs (A) and (B), the use of real property by a veterans’ organization as described in subdivision (a) for fraternal, lodge, or social club purposes, constitutes the exclusive use of that property for a charitable purpose within the meaning of subdivision (b) of Section 4 of Article XIII of the California Constitution. -(d) The exemption provided for in this section shall not apply to any portion of a property that consists of a bar where alcoholic beverages are served. The portion of the property ineligible for the veterans’ organization exemption shall be that area used primarily to prepare and serve alcoholic beverages. -(e) An organization that files a claim for the exemption provided for in this section shall file with the assessor a valid organizational clearance certificate issued pursuant to Section 254.6. -(f) This exemption shall be known as the “veterans’ organization exemption.” -SEC. 2. -SEC. 3. -Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. -SEC. 3. -SEC. 4. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","Existing property tax law establishes a veterans’ organization exemption under which property is exempt from taxation if, among other things, that property is used exclusively for charitable purposes and is owned by a veterans’ organization. -This bill would provide that the veterans’ organization exemption shall not be denied to a property on the basis that the property is used for fraternal, lodge, or social club purposes, and would make specific findings and declarations in that regard. The bill would also provide that the exemption shall not apply to any portion of a property that consists of a bar where alcoholic beverages are served. -Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. -This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. -This bill would take effect immediately as a tax levy.","An act to amend Section 215.1 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -1,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1170.02 is added to the Penal Code, to read: -1170.02. -A prisoner is not eligible for resentence or recall pursuant to subdivision (e) of Section 1170 if he or she was convicted of first-degree murder if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of his or her duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections, and was intentionally killed in retaliation for the performance of his or her official duties. -SEC. 2. -Section 3550 of the Penal Code is amended to read: -3550. -(a) Notwithstanding any other law, except as provided in subdivision (b), if the head physician of an institution in which a prisoner is incarcerated determines, as provided in this section, that the prisoner is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform activities of basic daily living, and results in the prisoner requiring 24-hour care, and that incapacitation did not exist at the time of sentencing, the prisoner shall be granted medical parole if the Board of Parole Hearings determines that the conditions under which he or she would be released would not reasonably pose a threat to public safety. -(b) This section does not alter or diminish the rights conferred under the Victims’ Bill of Rights Act of 2008 (Marsy’s Law). Subdivision (a) does not apply to any of the following: -(1) A prisoner sentenced to death or life in prison without possibility of parole. -(2) A prisoner who is serving a sentence for which parole, pursuant to subdivision (a), is prohibited by any initiative statute. -(3) A prisoner who was convicted of first-degree murder if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of his or her duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections, and was intentionally killed in retaliation for the performance of his or her official duties. -(c) When a physician employed by the Department of Corrections and Rehabilitation who is the primary care provider for a prisoner identifies a prisoner that he or she believes meets the medical criteria for medical parole specified in subdivision (a), the primary care physician shall recommend to the head physician of the institution where the prisoner is located that the prisoner be referred to the Board of Parole Hearings for consideration for medical parole. Within 30 days of receiving that recommendation, if the head physician of the institution concurs in the recommendation of the primary care physician, he or she shall refer the matter to the Board of Parole Hearings using a standardized form and format developed by the department, and if the head physician of the institution does not concur in the recommendation, he or she shall provide the primary care physician with a written explanation of the reasons for denying the referral. -(d) Notwithstanding any other provisions of this section, the prisoner or his or her family member or designee may independently request consideration for medical parole by contacting the head physician at the prison or the department. Within 30 days of receiving the request, the head physician of the institution shall, in consultation with the prisoner’s primary care physician, make a determination regarding whether the prisoner meets the criteria for medical parole as specified in subdivision (a) and, if the head physician of the institution determines that the prisoner satisfies the criteria set forth in subdivision (a), he or she shall refer the matter to the Board of Parole Hearings using a standardized form and format developed by the department. If the head physician of the institution does not concur in the recommendation, he or she shall provide the prisoner or his or her family member or designee with a written explanation of the reasons for denying the application. -(e) The Department of Corrections and Rehabilitation shall complete parole plans for inmates referred to the Board of Parole Hearings for medical parole consideration. The parole plans shall include, but not be limited to, the inmate’s plan for residency and medical care. -(f) Notwithstanding any other law, medical parole hearings shall be conducted by two-person panels consisting of at least one commissioner. In the event of a tie vote, the matter shall be referred to the full board for a decision. Medical parole hearings may be heard in absentia. -(g) Upon receiving a recommendation from the head physician of the institution where a prisoner is located for the prisoner to be granted medical parole pursuant to subdivision (c) or (d), the board, as specified in subdivision (f), shall make an independent judgment regarding whether the conditions under which the inmate would be released pose a reasonable threat to public safety, and make written findings related thereto. -(h) Notwithstanding any other law, the board or the Division of Adult Parole Operations shall have the authority to impose any reasonable conditions on prisoners subject to medical parole supervision pursuant to subdivision (a), including, but not limited to, the requirement that the parolee submit to electronic monitoring. As a further condition of medical parole, pursuant to subdivision (a), the parolee may be required to submit to an examination by a physician selected by the board for the purpose of diagnosing the parolee’s current medical condition. In the event such an examination takes place, a report of the examination and diagnosis shall be submitted to the board by the examining physician. If the board determines, based on that medical examination, that the person’s medical condition has improved to the extent that the person no longer qualifies for medical parole, the board shall return the person to the custody of the department. -(1) Notwithstanding any other law establishing maximum periods for parole, a prisoner sentenced to a determinate term who is placed on medical parole supervision prior to the earliest possible release date and who remains eligible for medical parole, shall remain on medical parole, pursuant to subdivision (a), until that earliest possible release date, at which time the parolee shall commence serving that period of parole provided by, and under the provisions of, Chapter 8 (commencing with Section 3000) of Title 1. -(2) Notwithstanding any other law establishing maximum periods for parole, a prisoner sentenced to an indeterminate term who is placed on medical parole supervision prior to the prisoner’s minimum eligible parole date, and who remains eligible for medical parole, shall remain on medical parole pursuant to subdivision (a) until that minimum eligible parole date, at which time the parolee shall be eligible for parole consideration under all other provisions of Chapter 8 (commencing with Section 3000) of Title 1. -(i) The Department of Corrections and Rehabilitation shall, at the time a prisoner is placed on medical parole supervision pursuant to subdivision (a), ensure that the prisoner has applied for any federal entitlement programs for which the prisoner is eligible, and has in his or her possession a discharge medical summary, full medical records, parole medications, and all property belonging to the prisoner that was under the control of the department. Any additional records shall be sent to the prisoner’s forwarding address after release to health care-related parole supervision. -(j) The provisions for medical parole set forth in this title shall not affect an inmate’s eligibility for any other form of parole or release provided by law. -(k) (1) Notwithstanding any other law, the Department of Corrections and Rehabilitation shall give notice to the county of commitment and the proposed county of release, if that county is different than the county of commitment, of any medical parole hearing as described in subdivision (f), and of any medical parole release as described in subdivision (g). -(2) Notice shall be made at least 30 days, or as soon as feasible, prior to the time any medical parole hearing or medical parole release is scheduled for an inmate receiving medical parole consideration, regardless of whether the inmate is sentenced either determinately or indeterminately.","Existing law provides that the Board of Parole Hearings or its successor in interest shall be the state’s parole authority. Existing law requires that a prisoner who is found to be permanently medically incapacitated, as specified, be granted medical parole, if the Board of Parole Hearings determines that the conditions under which the prisoner would be released would not reasonably pose a threat to public safety. Existing law exempts a prisoner sentenced to death, a prisoner sentenced to life without the possibility of parole, and a prisoner who is serving a sentence for which parole is prohibited by initiative statute, from medical parole eligibility. -Existing law authorizes a court to resentence or recall the sentence of a prisoner if the court finds that the prisoner is terminally ill, as specified, or the prisoner is permanently medically incapacitated, as specified, and, in either case, the conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety. Existing law exempts a prisoner sentenced to death or a term of life without the possibility of parole from eligibility for compassionate release pursuant to these provisions. -This bill would additionally exempt from medical parole eligibility and compassionate release eligibility a prisoner who was convicted of the first-degree murder of a peace officer or a person who had been a peace officer, as provided.","An act to amend Section 3550 of, and to add Section 1170.02 to, the Penal Code, relating to parole." -2,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California has long been known as the land of opportunity, the republic of the future. But for too many of its residents the future is receding. Inequality continues to rise — even though California has one of the most progressive tax structures in the nation. -(b) Something more is needed; a new philosophy of governance that focuses on the overall progressive outcome that can be achieved through modernizing our tax system and investing in the means of upward mobility, above all job creating infrastructure and public higher education for our increasingly youthful population. -(c) Beyond these foundations, building and sustaining a middle class means new jobs with good wages. Small businesses, like plumbing contractors, auto repair shops, and restaurants that account for over 90 percent of the state’s businesses and well over a third of all jobs, are a key rung on the ladder of upward mobility. They need a tax policy that will enable them to grow and add employees. -(d) California’s two trillion dollar economy has shifted from being mainly agricultural and manufacturing in the 1950s and 1960s, when the framework of today’s tax system was set, to one based on information and services, which now accounts for 80 percent of all economic activities in the state. To achieve a future as promising as California’s past, we need a tax system that is based on this real economy of the 21st century while ensuring that new revenue is invested in strengthening the ladder of mobility for all our residents. -(e) California of the 1950s and 1960s was governed with an eye towards the future and was renowned for the opportunities that it created for its residents. California’s water system was born during that era and transformed the desert into fertile agricultural land that not only fed Californians but the world. California also constructed its freeway system to more rapidly and safely move people and goods through the state as California became the gateway to the Pacific Rim. California’s higher education system was the envy of all, reaching new heights as the University of California and the California State University grew by six and eight campuses respectively between 1958 and 1965. California’s investment in infrastructure and education paid off as agriculture, aerospace, and then technology boomed and drove California into the 21st century as the fifth largest economy in the world. As businesses thrived, they created an abundance of middle class jobs that enabled Californians to capitalize on new opportunities to better the standard of living for themselves and their families. -(f) As California’s economy thrived, however, its eye on the future wavered. By the late 1970s, state and local finances became intertwined; the state increasingly used its funds to support traditionally local operations and both state and local governments pulled back on the types of investments needed to help businesses and residents succeed. Today, Californians live with the investments made more than three generations ago. Fifty-five percent of our local streets need to be repaired or replaced. While the state’s water system received some funding in 2014, more is needed to meet the state’s demands. -(g) On a local level, 70 percent of Los Angeles’ water infrastructure is composed of cast-iron pipes, most of which was laid during the early half of the 20th century. -(h) Our financial commitment to kindergarten and grades 1 to 12, inclusive, education has waned. Average Daily Attendance grew anemically by 0.06 percent annually between 2007 and 2011. By 2011, California ranked 43rd in per pupil spending and California’s ADA was $2,580 less than the United States average — the largest gap in 40 years. -(i) California’s commitment to higher education has also receded. In addition to opening professional and economic doorways for students, California’s higher education system is one of our most important economic engines. With almost 60 faculty and researchers who have won the Nobel prize, the University of California has over 3,200 active patents and contributes $33 billion to the California economy annually. The California State University generates an additional $17 billion in economic activity and supports 150,000 jobs in the state. Despite its proven value, California has not been able to maintain higher education accessibility for its residents. In the past 20 years, University of California fees have increased by 434 percent and California State University fees by 300 percent. Moreover, California community colleges, the largest provider of workforce training in the nation, increased fees by 130 percent between 2008 and 2012, leading to over a 20 percent decline in enrollment. -(j) The lack of investment in infrastructure and education has diminished opportunities for Californians and continues to fuel the growing income inequality in California. Since 1970, the poorest 20 percent of Californians have seen their household income grow by just 3.1 percent while the income of the richest 20 percent has climbed 74.6 percent. Since 1987, 71.3 percent of all the gains generated by California’s economy have gone to the state’s wealthiest 10 percent. Moreover, today, California accounts for three of the 10 American cities with the greatest disparities in wealth—San Francisco, Oakland, and Los Angeles. -(k) (1) The Upward Mobility Act would help ensure California’s residents and businesses can thrive in the 21st century global economy by increasing funding by $10 billion dollars for the following programs, as the revenue becomes available: -(A) Three billion dollars to K-14 education. Investing in its residents through education is the foundation on which California has always built its economy. This measure would provide new funds to help rebuild California’s education system at every level. The new revenues will help to rebuild classrooms and be available to help protect classroom spending from pending pension fund demands. -(B) Two billion dollars to the University of California and the California State University. Similarly, the measure would restore investment in California’s prized higher education system, essential to upward mobility for Californians. Revenues would be split evenly between the University of California and the California State University. -(C) Three billion dollars to local governments. Investing in local governments will more closely connect Californians to the government spending that occurs on their behalf and support the new realignment burdens on local government. Moreover, additional guaranteed funding to provide additional public safety, parks, libraries, or local development, will allow local governments to best meet the specific needs of their particular communities. -(D) Two billion -dollars -for a new earned income tax credit for low-income families. The Upward Mobility Act would establish a refundable earned income tax credit to help low-income families offset the burden of the proposed sales and use tax on services. -(E) Small business and minimum wage relief. This measure would enhance the state’s business climate, create jobs, and incentivize entrepreneurship by evaluating the current corporate income tax to determine whether it is meeting its intended purpose while at the same time linking changes to a more reasonable minimum wage. -(2) Because this funding would be guaranteed, school districts, community colleges, the California State University, the University of California, and local governments would be able to securitize the revenues to make essential long-term investments, just as is the case with real property taxes. -(l) The Upward Mobility Act will fund these programs to enable the upward mobility of our residents and to help make California’s businesses more competitive by modernizing our tax code. The underlying problem is, while California’s economy has evolved, its tax system failed to keep up with the times. Over the past 60 years, California has moved from an agriculture and manufacturing based economy to a services based economy. As a result, state tax revenues have become less reliant on revenues derived from the Sales and Use Tax on goods and more reliant on revenues derived from the Personal Income Tax. In 1950, the Sales and Use Tax comprised 61 percent of all state revenues; today, it accounts for about 30 percent. The Personal Income Tax accounted for 12 percent of total state revenues in 1950; today, it accounts for more than 60 percent. -(m) Moreover, California’s General Fund tax collections are heavily dependent on the earnings of its top earners. This has led to dramatic revenue swings year over year. During the dot-com economic boom of the -1950s -1990s -through the early part of the 21st century, state revenues soared by as much as 20 percent in a single year. However, as personal incomes tumbled during the Great Recession, state revenues plummeted disproportionately. These swings in revenue have led to the suffering of California’s residents. Essential services, such as health care and child care for low-income families, were cut at a time when they were needed most. In addition, the state cut billions of dollars to education, including adult vocational and literacy education, which could have helped low-income families recover from the recession. Relying on the wealthiest taxpayers to support California’s needs is outdated and dangerous fiscal policy. Not only does it increase the uncertainty of tax collections, but there is evidence that California’s high tax rates may be driving high income earners out of the state, which only deepens revenue shortfalls. -(n) The economy has shifted away from the production of goods to services. Since 1966 sales of taxable goods, as a share of the economy, have been cut in half. Today services represent 80 percent of California’s economy. Expanding the Sales and Use Tax to cover services removes a significant inequitable aspect of the tax code, implicitly favoring consumer spending on services over goods. Currently the sale of a TurboTax software disk is taxed, whereas a consumer who instead paid H&R Block would escape taxation. In essence, those who produce goods such as software or machinery are supporting those who produce services and information. Taxing only goods and not services when our economy has been so fundamentally transformed makes no sense and is manifestly unfair. This has to change. -(o) The Upward Mobility Act seeks to make three broad changes to the tax code: -(1) Broaden the tax base by imposing a sales tax on services to increase revenues. Local jurisdictions would not be authorized to increase sales tax on services, as they now can do with the sales tax on goods. Though the new revenues would be collected by the state, the ownership of those funds allocated to local government under this measure will be controlled by local government using traditional allocation mechanisms. Health care services and education services would be exempted from the tax, and very small businesses with under $100,000 gross sales would be exempted from the sales tax on services. -(2) Enhance the state’s business climate and incentivize entrepreneurship and business creation by evaluating the corporate income tax to determine whether it is meeting its intended purposes, including whether it is -born -borne -equitably among California’s businesses and what impact it has on the business climate, while at the same time linking changes to a more reasonable minimum wage. -(3) Examine the impacts of lowering and simplifying the -Personal Income Tax -personal income tax -while maintaining progressivity. The measure’s goal is to reduce -the income tax rates imposed under the Personal Income Tax -personal income tax rates -for low-and middle-class-income households so that families earning $100,000 pay only $1,000. The income tax rate for top earners may also be reduced in a manner that balances fairness with mitigating adverse impact to both state revenues and competitiveness. The obligation of top earners with regard to other tax obligations for top earners, including Proposition 63, would remain intact. -(p) In order to ensure fiscal responsibility, the Upward Mobility Act’s revenue reduction provisions would be phased in only when it is clear that new revenues are sufficient to replace any revisions to the personal income tax and corporate tax. -(q) As the revenues secured by Proposition 30 expire, California policy decisionmakers must determine new long term ways to provide for state residents. The Upward Mobility Act will increase opportunities for California’s businesses and create an upward mobility ladder for California residents. Moreover, the Upward Mobility Act will realign the state’s outdated tax code with the realities of California’s 21st century economy. -SEC. 2. -Chapter 3.8 (commencing with Section 6305) is added to Part 1 of Division 2 of the Revenue and Taxation Code, to read: -CHAPTER 3.8. Services -6305. -In addition to the taxes imposed by this part, for the privilege of selling services at retail a tax is hereby imposed upon all retailers at the rate of ____ percent of the gross receipts of any retailer from the sale of all services sold at retail in this state on or after January 1, ____. -6306. -In addition to the taxes imposed by this part an excise tax is hereby imposed on the receipt of the benefit of the service in this state of services on or after January 1, ____, at the rate specified in Section 6305 of the sales price of the services.","The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Personal Income Tax Law imposes taxes on personal taxable income at specified rates, and the Corporation Tax Law imposes taxes upon, or measured by, corporate income. -This bill would state legislative findings regarding the Upward Mobility Act, key provisions of which would expand the application of the Sales and Use Tax law by imposing a tax on specified services, would enhance the state’s business climate -and -, -would incentivize entrepreneurship and business creation by evaluating the -Corporate Tax Law, -corporate tax, -and would examine the impacts of a lower and simpler -Personal Income Tax Law. -personal income tax. -This bill would, on and after January 1, ___, expand the Sales and Use Tax Law to impose a tax on the gross receipts from the sale in this state of, or the receipt of the benefit in this state of services at a rate of ____%.","An act -to add Chapter 3.8 (commencing with Section 6305) to Part 1 of Division 2 of the Revenue and Taxation Code, -relating to taxation." -3,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 75220 of the Public Resources Code is amended to read: -75220. -(a) The Transit and Intercity Rail Capital Program is hereby created to fund transformative capital improvements, as defined in subdivision (d), that will modernize California’s intercity, commuter, and urban rail systems and bus and ferry transit systems to achieve all of the following policy objectives: -(1) Reduce emissions of greenhouse gases. -(2) Expand and improve transit service to increase ridership. -(3) Integrate the rail service of the state’s various rail operators, including integration with the high-speed rail system. -(4) Improve transit safety. -(b) The Transportation Agency shall evaluate applications consistent with the criteria set forth in this part and approve a multiyear program of projects for funding pursuant to Section 75224, which may be revised as necessary. -(c) The California Transportation Commission shall allocate funding to applicants pursuant to the program of projects approved by the Transportation Agency. -(d) “Transformative capital improvement” means a rail, bus, or ferry transit project that will significantly reduce vehicle miles traveled, congestion, and greenhouse gas emissions by creating a new transit system, increasing the capacity of an existing transit system, or otherwise significantly increasing the ridership of a transit system. -SEC. 2. -Section 75221 of the Public Resources Code is amended to read: -75221. -(a) Projects eligible for funding under the program include, but are not limited to, all of the following: -(1) Rail capital projects, including acquisition of rail cars and locomotives, that expand, enhance, and improve existing rail systems and connectivity to existing and future transit systems, including the high-speed rail system. -(2) Intercity, commuter, and urban rail projects that increase service levels, improve reliability, or decrease travel times, including infrastructure access payments to host railroads in lieu of capital investments. -(3) Rail, bus, and ferry integration implementation, including integrated ticketing and scheduling systems, shared-use corridors, related planning efforts, and other service integration initiatives. -(4) Bus rapid transit and other bus and ferry transit investments to increase ridership and reduce greenhouse gas emissions. -(b) In order to be eligible for funding under the program, a project shall demonstrate that it will achieve a reduction in emissions of greenhouse gases. In selecting projects for funding, the Transportation Agency shall consider the extent to which a project reduces emissions of greenhouse gases. -(c) The program shall have a programmatic goal of providing at least 25 percent of available funding to projects benefiting disadvantaged communities, consistent with the objectives of Chapter 830 of the Statutes of 2012. -(d) In evaluating grant applications for funding, the Transportation Agency shall consider all of the following: -(1) The cobenefits of projects that support the implementation of sustainable communities strategies through one or more of the following: -(A) Reducing vehicle miles traveled from automobiles and the number of automobile trips through growth in transit ridership. -(B) Promoting housing development in the vicinity of rail stations and major transit centers. -(C) Expanding existing rail and public transit systems. -(D) Enhancing the connectivity, integration, and coordination of the state’s various transit systems, including, but not limited to, regional and local transit systems and the high-speed rail system. -(E) Implementing clean vehicle technology. -(F) Promoting active transportation. -(G) Improving public health. -(2) The project priorities developed through the collaboration of two or more rail operators and any memoranda of understanding between state agencies and local or regional rail operators. -(3) Geographic equity. -(4) Consistency with an adopted sustainable communities strategy or, if a sustainable strategy is not required for a region by law, a regional plan that includes policies and programs to reduce emissions of greenhouse gases. -(5) The extent to which a project has supplemental funding committed to it from other nonstate sources. -(6) The extent to which the project will increase transit ridership. -(e) Eligible applicants under the program shall be public agencies, including joint powers agencies, that operate or have planning responsibility for existing or planned regularly scheduled intercity or commuter passenger rail service, urban rail transit service, or bus or ferry transit service. -(f) A recipient of moneys under the program may combine funding from the program with other state funding, including, but not limited to, the State Transportation Improvement Program, the Low Carbon Transit Operations Program, the State Air Resources Board clean vehicle program, and state transportation bond funds. -SEC. 3. -Section 75222 of the Public Resources Code is amended to read: -75222. -(a) Applications for grants under the program shall be submitted to the Transportation Agency for evaluation in accordance with procedures and program guidelines approved by the agency. An eligible applicant may submit an application to the agency to fund a project over multiple fiscal years. The agency may make multiyear funding commitments for projects that are proposed by an eligible applicant to be funded from the program over a period of more than one fiscal year. -(b) The application shall define the project purpose, intended scope, proposed cost, intended funding sources, and schedule for project completion. -(c) The application shall specify the phases of work for which an eligible applicant is seeking an allocation of moneys from the program. -(d) The application shall identify the sources and timing of all moneys required to undertake and complete any phase of a project for which an eligible applicant is seeking an allocation of moneys from the program. The application shall also describe intended sources and timing of funding to complete any subsequent phases of the project, through construction or procurement. -(e) The application shall include information describing the funding sources and approach to ensuring that ongoing operating and maintenance costs of the project are funded through the useful life of the project, as applicable. -(f) Eligible applicants may submit more than one application for grants under the program pursuant to this section. -(g) An eligible applicant may use a project study report or equivalent document to demonstrate eligibility of a project for inclusion in the multiyear program of projects pursuant to Section 75224. The project study report or equivalent document shall, at a minimum, be adequate to define and justify the project scope, cost, and schedule for the project application. -SEC. 4. -Section 75223 is added to the Public Resources Code, to read: -75223. -(a) The Transportation Agency shall conduct at least two public workshops on draft program guidelines containing selection criteria prior to approval and shall post the draft guidelines on the agency’s Internet Web site at least 30 days prior to the first public workshop. Concurrent with the posting, the agency shall transmit the draft guidelines to the fiscal committees and the appropriate policy committees of the Legislature. -(b) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the development and approval of procedures and program guidelines for the program pursuant to this section. -SEC. 5. -Section 75224 is added to the Public Resources Code, to read: -75224. -(a) No later than July 1, 2018, the Transportation Agency shall approve a program of projects, which shall cover a period of five fiscal years, beginning with the 2018–19 fiscal year. -(b) The Transportation Agency shall approve each subsequent program of projects not later than April 1 of each even-numbered year. Each subsequent program shall cover a period of five fiscal years, beginning July 1 of the year of approval, and shall be a statement of intent by the Transportation Agency for the allocation and expenditure of moneys during those five fiscal years. -(c) In developing the program of projects, and consistent with the consideration of all other criteria for individual projects, the Transportation Agency shall seek to maximize the total amount of reductions in emissions of greenhouse gases that would be achieved under the program. -(d) For a project to be funded from the program over a period of more than one fiscal year, the Transportation Agency, at the request of an eligible applicant and in cooperation with the commission, shall enter into and execute a multiyear funding agreement with the eligible applicant for the project for an amount of program moneys and for any duration, as determined jointly by the agency and applicant. -SEC. 6. -Section 75225 is added to the Public Resources Code, to read: -75225. -(a) A lead applicant agency may apply to the commission for a letter of no prejudice for a project or for any component of a project included in the program of projects approved by the Transportation Agency. If approved by the commission, the letter of no prejudice shall allow the lead applicant agency to expend its own moneys for the project or any component of the project and to be eligible for future reimbursement from moneys available for the program from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. -(b) The amount expended under subdivision (a) shall be reimbursed by the state from moneys available for the program from the Greenhouse Gas Reduction Fund if all of the following conditions are met: -(1) The project or project component for which the letter of no prejudice was requested has commenced, and the regional or local expenditures have been incurred. -(2) The expenditures made by the lead applicant agency are eligible for reimbursement in accordance with applicable laws and procedures. If expenditures made by the lead applicant agency are determined to be ineligible, the state has no obligation to reimburse those expenditures. -(3) The lead applicant agency complies with all legal requirements for the project, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)). -(4) There are moneys in the Greenhouse Gas Reduction Fund designated for the program that are sufficient to make the reimbursement payment. -(c) The lead applicant agency and the commission shall enter into an agreement governing reimbursement as described in this section. The timing and final amount of reimbursement is dependent on the terms of the agreement and the availability of moneys in the Greenhouse Gas Reduction Fund for the program. -(d) The commission, in consultation with intercity, commuter, urban rail, and other public transit entities, may develop guidelines to implement this section.","Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from a market-based compliance mechanism relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund. -Existing law establishes the Transit and Intercity Rail Capital Program, which receives 10% of the annual proceeds of the Greenhouse Gas Reduction Fund as a continuous appropriation, to fund capital improvements and operational investments to modernize California’s rail systems to achieve certain policy objectives, including reducing greenhouse gas emissions, expanding and improving rail services to increase ridership, and improving rail safety. Existing law requires the Transportation Agency to evaluate applications for funding under the program and to prepare a list of projects recommended for funding, with grants to be awarded by the California Transportation Commission. -This bill would modify the purpose of the program to delete references to operational investments and instead provide for the funding of transformative capital improvements, as defined, that will modernize California’s intercity, commuter, and urban rail systems and bus and ferry transit systems to achieve certain policy objectives, including reducing emissions of greenhouse gases, expanding and improving transit services to increase ridership, and improving transit safety. By expanding the purposes for which continuously appropriated moneys may be used, the bill would make an appropriation. The bill would modify the information required to be included in applications for grants under the program and would authorize an eligible applicant to submit an application to fund a project over multiple fiscal years and to submit multiple applications. The bill would require the Transportation Agency, in selecting projects for funding, to consider the extent to which a project reduces greenhouse gas emissions, would add additional factors to be considered in evaluating applications for funding, and would expand certain factors considered to include bus and ferry transit service. The bill would require the Transportation Agency to approve, by July 1, 2018, a 5-year program of projects, and would require the California Transportation Commission to allocate funding to eligible applicants pursuant to the program of projects, with subsequent programs of projects to be approved not later than April 1 of each even-numbered year thereafter. The bill would require the Transportation Agency, in cooperation with the California Transportation Commission and at the request of an eligible applicant, to enter into and execute a multiyear funding agreement for a project to be funded over more than one fiscal year, as specified, and would authorize the California Transportation Commission to approve a letter of no prejudice that would allow an applicant to expend its own moneys on a project in the approved program of projects, subject to future reimbursement from program moneys for eligible expenditures.","An act to amend Sections 75220, 75221, and 75222 of, and to add Sections 75223, 75224, and 75225 to, the Public Resources Code, relating to transportation, and making an appropriation therefor." -4,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the California POLST eRegistry Pilot Act. -SEC. 2. -Section 4788 is added to the Probate Code, to read: -4788. -(a)   For purposes of this section: -(1) “Authority” means the Emergency Medical Services Authority. -(2) “Authorized user” means a person authorized by the authority to submit information to, or to receive information from, the POLST eRegistry Pilot, including health care providers, as defined in Section 4781, and their designees. -(3) “POLST” means a Physician Orders for Life Sustaining Treatment that fulfills the requirements, in any format, of Section 4780. -(4) “POLST eRegistry Pilot” means the California POLST eRegistry Pilot Act established pursuant to this section to make electronic, in addition to other modes of submission and transmission, POLST information available to authorized users. -(b) (1) The authority shall establish a pilot project, in consultation with stakeholders, to operate an electronic registry system on a pilot basis, to be known as the California POLST eRegistry Pilot, for the purpose of collecting a patient’s POLST information received from a physician or physician’s designee and disseminating the information to an authorized user. -(2) The authority shall implement this section only after determining that sufficient nonstate funds are available to allow for the development of the POLST eRegistry Pilot, any related startup costs, and an evaluation of the POLST eRegistry Pilot. -(3) The authority shall coordinate the POLST eRegistry Pilot, which shall be operated by, and as a part of, the health information exchange networks, or by an independent contractor, or by a combination thereof. The POLST eRegistry Pilot may operate in a single geographic area or multiple geographic areas and may test various methods of making POLST information available electronically. The design of the POLST eRegistry Pilot shall be sufficiently robust, based on the success of the pilot, to inform the permanent, statewide operation of a POLST eRegistry. -(4) The authority shall adopt guidelines necessary for the operation of the POLST eRegistry Pilot. In developing these guidelines, the authority shall seek input from interested parties and hold at least one public meeting. The adoption, amendment, or repeal of the guidelines authorized by this paragraph is hereby exempted from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The guidelines shall include, but not be limited to, the following: -(A) The means by which initial or subsequent POLST information may be submitted to, or withdrawn from, the POLST eRegistry Pilot, which shall include a method for electronic delivery of this information and the use of legally sufficient electronic signatures. -(B) Appropriate and timely methods by which the information in the POLST eRegistry Pilot may be disseminated to an authorized user. -(C) Procedures for verifying the identity of an authorized user. -(D) Procedures to ensure the accuracy of, and to appropriately protect the confidentiality of, POLST information submitted to the POLST eRegistry Pilot. -(E) The requirement that a patient, or, when appropriate, his or her legally recognized health care decisionmaker, receive a confirmation or a receipt that the patient’s POLST information has been received by the POLST eRegistry Pilot. -(F) The ability of a patient, or, when appropriate, his or her legally recognized health care decisionmaker, with his or her health care provider, as defined in Section 4621, to modify or withdraw POLST information on the POLST eRegistry Pilot. -(6) (A) Prior to implementation of the POLST eRegistry Pilot, the authority shall submit a detailed plan to the Legislature that explains how the POLST eRegistry Pilot will operate. -(B) The plan to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code. -(c) The operation of the POLST eRegistry Pilot, for all users, shall comply with state and federal privacy and security laws and regulations, including, but not limited to, compliance with the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) and the regulations promulgated pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), found at Parts 160 and 164 of Title 45 of the Code of Federal Regulations. -(d) When the POLST eRegistry Pilot is operable in the geographic area in which he or she practices or operates, a physician or physician’s designee who completes POLST information with a patient or his or her legally recognized health care decisionmaker shall include the POLST information in the patient’s official medical record and shall submit a copy of the POLST form to, or enter the POLST information into, the POLST eRegistry Pilot, unless the patient or the legally recognized health care decisionmaker chooses not to participate in the POLST eRegistry Pilot. -(e) When the POLST eRegistry Pilot is operable in the geographic area in which they practice or operate, physicians, hospitals, and health information exchange networks shall make electronic POLST information available, for use during emergencies, through the POLST eRegistry Pilot to health care providers, as defined in Section 4781, that also practice or operate in a geographic area where the POLST eRegistry Pilot is operable, but that are outside of their health information exchange networks. -(f) In accordance with Section 4782, a health care provider, as defined in Section 4781, who honors a patient’s request regarding resuscitative measures obtained from the POLST eRegistry Pilot shall not be subject to criminal prosecution, civil liability, discipline for unprofessional conduct, administrative sanction, or any other sanction, if the health care provider (1) believes in good faith that the action or decision is consistent with this part, and (2) has no knowledge that the action or decision would be inconsistent with a health care decision that the individual signing the request would have made on his or her own behalf under like circumstances. -(g) An independent contractor approved by the authority shall perform an evaluation of the POLST eRegistry Pilot. -(h) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.","Existing law defines a request regarding resuscitative measures as a written document, signed by an individual with capacity, or a legally recognized health care decisionmaker, and the individual’s physician, directing a health care provider regarding resuscitative measures. Existing law defines a Physician Orders for Life Sustaining Treatment form, which is commonly referred to as a POLST form, and provides that a request regarding resuscitative measures includes a POLST form. Existing law requires that a POLST form and the medical intervention and procedures offered by the form be explained by a health care provider. Existing law distinguishes a request regarding resuscitative measures from an advance health care directive. -This bill would enact the California POLST eRegistry Pilot Act. The bill would require the Emergency Medical Services Authority to establish a pilot project, in consultation with stakeholders, to operate an electronic registry system on a pilot basis, to be known as the California POLST eRegistry Pilot, for the purpose of collecting POLST information received from a physician or physician’s designee. The bill would require the authority to coordinate the POLST eRegistry Pilot, which would be operated by health information exchange networks, by an independent contractor, or by a combination thereof. The bill would require the authority to implement these provisions only after it determines that sufficient nonstate funds are available for development of the POLST eRegistry Pilot, any related startup costs, and an evaluation of the POLST eRegistry Pilot. When the POLST eRegistry Pilot is operable in the geographic area in which he or she operates or practices, a physician or physician’s designee who completes POLST information would be required to include the POLST information in the patient’s official medical record and would be required to submit a copy of the form to, or to enter the information into, the POLST eRegistry Pilot, unless a patient or his or her health care decisionmaker chooses not to participate in the POLST eRegistry Pilot. The bill would require the authority to adopt guidelines for, among other things, the operation of the POLST eRegistry Pilot, including the means by which POLST information would be submitted electronically, modified, or withdrawn, the appropriate and timely methods for dissemination of POLST form information, the procedures for verifying the identity of an authorized user, and rules for maintaining the confidentiality of POLST information received by the POLST eRegistry Pilot. The bill would require that any disclosure of POLST information in the POLST eRegistry Pilot be made in accordance with applicable state and federal privacy and security laws and regulations. The bill would provide immunity from criminal prosecution, civil liability, discipline for unprofessional conduct, and any other sanction for a health care provider who honors a patient’s request regarding resuscitative measures obtained from the POLST eRegistry Pilot, as specified. The bill would require an independent contractor approved by the authority to conduct an evaluation of the POLST eRegistry Pilot. The provisions of the bill would be operative until January 1, 2020.","An act to add and repeal Section 4788 of the Probate Code, relating to resuscitative measures." -5,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 87207 of the Government Code is amended to read: -87207. -(a) If income is required to be reported under this article, the statement shall contain, except as provided in subdivision (b): -(1) The name and address of each source of income aggregating five hundred dollars ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. -(2) A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was at least five hundred dollars ($500) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but was not greater than ten thousand dollars ($10,000), whether it was greater than ten thousand dollars ($10,000) but not greater than one hundred thousand dollars ($100,000), or whether it was greater than one hundred thousand dollars ($100,000). -(3) A description of the consideration, if any, for which the income was received. -(4) In the case of a gift, the amount and the date on which the gift was received, and the travel destination for purposes of a gift that is a travel payment, advance, or reimbursement. -(5) In the case of a loan, the annual interest rate, the security, if any, given for the loan, and the term of the loan. -(b) If the filer’s pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported under this article, the statement shall contain: -(1) The name, address, and a general description of the business activity of the business entity. -(2) The name of every person from whom the business entity received payments if the filer’s pro rata share of gross receipts from that person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. -(c) If a payment, including an advance or reimbursement, for travel is required to be reported pursuant to this section, it may be reported on a separate travel reimbursement schedule which shall be included in the filer’s statement of economic interest. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income. -SEC. 1.5. -Section 87207 of the Government Code is amended to read: -87207. -(a) Except as provided in subdivision (b), if income is required to be reported under this article, the statement shall contain all of the following: -(1) The name and address of each source of income aggregating one thousand dollars ($1,000) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. -(2) A statement indicating which of the following represents the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source: -(A) At least one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000). -(B) Greater than ten thousand dollars ($10,000) but not greater than one hundred thousand dollars ($100,000). -(C) Greater than one hundred thousand dollars ($100,000) but not greater than two hundred fifty thousand dollars ($250,000). -(D) Greater than two hundred fifty thousand dollars ($250,000) but not greater than five hundred thousand dollars ($500,000). -(E) Greater than five hundred thousand dollars ($500,000). -(3) A description of the consideration, if any, for which the income was received. -(4) In the case of a gift, the amount and the date on which the gift was received, and the travel destination for purposes of a gift that is a travel payment, advance, or reimbursement. -(5) In the case of a loan, the annual interest rate, the security, if any, given for the loan, and the term of the loan. -(b) If the filer’s pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported under this article, the statement shall contain the following: -(1) (A) The name, address, and, except as provided in subparagraph (B), a thorough and detailed description of the business activity of the business entity based on criteria established by the commission. -(B) A filer is not required to provide a thorough and detailed description of the business activity of the business entity if the business entity is publicly traded. -(2) The name of every person from whom the business entity received payments if the filer’s pro rata share of gross receipts from that person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. -(c) If a payment, including an advance or reimbursement, for travel is required to be reported pursuant to this section, it may be reported on a separate travel reimbursement schedule, which shall be included in the filer’s statement of economic interest. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income. -SEC. 2. -Section 89506 of the Government Code is amended to read: -89506. -(a) Payments, advances, or reimbursements for travel, including actual transportation and related lodging and subsistence that is reasonably related to a legislative or governmental purpose, or to an issue of state, national, or international public policy, are not prohibited or limited by this chapter if either of the following applies: -(1) The travel is in connection with a speech given by the elected state officer, local elected officeholder, candidate for elective state office or local elective office, an individual specified in Section 87200, member of a state board or commission, or designated employee of a state or local government agency, the lodging and subsistence expenses are limited to the day immediately preceding, the day of, and the day immediately following the speech, and the travel is within the United States. -(2) The travel is provided by a government, a governmental agency, a foreign government, a governmental authority, a bona fide public or private educational institution, as defined in Section 203 of the Revenue and Taxation Code, a nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, or by a person domiciled outside the United States who substantially satisfies the requirements for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. -(b) Gifts of travel not described in subdivision (a) are subject to the limits in Section 89503. -(c) Subdivision (a) applies only to travel that is reported on the recipient’s statement of economic interests. -(d) For purposes of this section, a gift of travel does not include any of the following: -(1) Travel that is paid for from campaign funds, as permitted by Article 4 (commencing with Section 89510), or that is a contribution. -(2) Travel that is provided by the agency of a local elected officeholder, an elected state officer, member of a state board or commission, an individual specified in Section 87200, or a designated employee. -(3) Travel that is reasonably necessary in connection with a bona fide business, trade, or profession and that satisfies the criteria for federal income tax deduction for business expenses in Sections 162 and 274 of the Internal Revenue Code, unless the sole or predominant activity of the business, trade, or profession is making speeches. -(4) Travel that is excluded from the definition of a gift by any other provision of this title. -(e) This section does not apply to payments, advances, or reimbursements for travel and related lodging and subsistence permitted or limited by Section 170.9 of the Code of Civil Procedure. -(f) (1) A nonprofit organization that regularly organizes and hosts travel for elected officials and that makes payments, advances, or reimbursements that total more than ten thousand dollars ($10,000) in a calendar year, or that total more than five thousand dollars ($5,000) in a calendar year for a single person, for travel by an elected state officer or local elected officeholder as described in subdivision (a) shall disclose to the Commission the names of donors who did both of the following in the preceding year: -(A) Donated one thousand dollars ($1,000) or more to the nonprofit organization. -(B) Accompanied an elected state officer or local elected officeholder, either personally or through an agent, employee, or representative, for any portion of travel described in subdivision (a). -(2) For purposes of this subdivision, an organization “regularly organizes and hosts travel for elected officials” if the sum of the organization’s expenses that relate to any of the following types of activities with regard to elected officials was greater than one-third of its total expenses reflected on the organization’s Internal Revenue Service Form 990, or the equivalent, filed most recently within the last 12 months: -(A) Travel. -(B) Study tours. -(C) Conferences, conventions, and meetings. -(3) This subdivision does not preclude a finding that a nonprofit organization is acting as an intermediary or agent of the donor. If the nonprofit organization is acting as an intermediary or agent of the donor, all of the following apply: -(A) The donor to the nonprofit organization is the source of the gift. -(B) The donor shall be identified as a financial interest under Section 87103. -(C) The gift shall be reported as required by Section 87207. -(D) The gift shall be subject to the limitations on gifts specified in Section 89503. -(4) For purposes of this subdivision, a nonprofit organization includes an organization that is exempt from taxation under Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code. -SEC. 3. -Section 1.5 of this bill incorporates amendments to Section 87207 of the Government Code proposed by both this bill and Assembly Bill 10. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 87207 of the Government Code, and (3) this bill is enacted after Assembly Bill 10, in which case Section 1 of this bill shall not become operative. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 5. -The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.","The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and related matters, including the reporting of gifts, as defined. The act prohibits specified officers from receiving gifts in excess of $440 in value from a single source in a calendar year. The act exempts gift payments for the actual costs of specified types of travel that are reasonably related to a legislative or governmental purpose, or to an issue of state, national, or international public policy, from the annual limit on the value of gifts from a single source. -This bill would require a nonprofit organization that regularly organizes and hosts travel for elected officials, as specified, and that pays for these types of travel for an elected state officer or local elected officeholder to disclose the names of donors who, in the preceding year, both donated to the nonprofit organization and accompanied an elected officer or officeholder for any portion of the travel, as specified. The bill would require a person who receives a gift of a travel payment from any source to report the travel destination on his or her statement of economic interests. -This bill would incorporate additional changes to Section 87207 of the Government Code proposed by both this bill and AB 10, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last. -A violation of the act’s provisions is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a -2/3 -vote of each house and compliance with specified procedural requirements. -This bill would declare that it furthers the purposes of the act.","An act to amend Sections 87207 and 89506 of the Government Code, relating to the Political Reform Act of 1974." -6,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares as follows: -(a) More than $40 million of funding for the training of California’s primary care physicians is expiring in 2016. -(b) Each year in California, only 368 slots are available to the thousands of medical students seeking to train in family medicine. If the funding is not replaced, 158 of those slots will be lost, creating a terrible deficit of primary care physicians in California’s underserved communities. -(c) Only 36 percent of California’s active patient care physicians practice primary care. Twenty-three of California’s 58 counties fall below the minimum required primary care physician to population ratio. -(d) As of 2010, California needed an estimated additional 8,243 primary care physicians by 2030 to prevent projected shortages in the state, which is about 412 new primary care physicians per year. -(e) More than 32 percent of California’s practicing primary care physicians are 60 years of age or older – only four other states have a larger percentage of soon-to-retire physicians. -(f) States with higher ratios of primary care physicians to population have better health outcomes, including decreased mortality from cancer, heart disease, and stroke. -(g) The Song-Brown program provides an existing state infrastructure to support an increase in the number of primary care providers serving California’s underserved populations. By investing in Song-Brown, California will realize an immediate return on investment as each primary care resident provides an average of 600 additional patient visits per physician per year during training alone. -(h) California’s long-term workforce will also grow significantly as the vast majority of physicians who train in a region stay there to practice. California leads all fifty states in the percentage of residency program graduates who stay in the state in which they are trained. -SEC. 2. -Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated from the General Fund the sum of three hundred million dollars ($300,000,000) to the Director of Statewide Health Planning and Development, for the purpose of funding new and existing graduate medical education physician residency positions, and supporting training faculty, pursuant to the Song-Brown Health Care Workforce Training Act (Article 1 (commencing with Section 128200) of Chapter 4 of Part 3 of Division 107 of the Health and Safety Code). The moneys shall be expended as follows: -(a) The sum of one hundred million dollars ($100,000,000) shall be expended in the 2016–17 fiscal year. -(b) The sum of one hundred million dollars ($100,000,000) shall be expended in the 2017–18 fiscal year. -(c) The sum of one hundred million dollars ($100,000,000) shall be expended in the 2018–19 fiscal year. -SECTION 1. -Article 7 (commencing with Section 128590) is added to Chapter 5 of Part 3 of Division 107 of the -Health and Safety Code -, to read: -7. -California Medical Residency Training Program -128590. -As used in this article: -(a)“Director” means the Director of Statewide Health Planning and Development. -(b)“Foundation” means the Health Professions Education Foundation. -(c)“Fund” means the Medical Residency Training Fund. -(d)“Office” means the Office of Statewide Health Planning and Development. -(e)“Panel” means the Medical Residency Training Advisory Panel, established pursuant to Section 128591. -(f)“Primary care” means the medical practice areas of family medicine, general surgery, internal medicine, obstetrics and gynecology, pediatrics, psychiatry, and related specialties and subspecialties as the office deems appropriate. -(g)“Residency position” means a graduate medical education residency position in the field of primary care. -128591. -(a)(1)There is established within the foundation the Medical Residency Training Advisory Panel. -(2)The panel shall consist of 13 members. Seven members shall be appointed by the Governor, one member shall be appointed by the Speaker of the Assembly, one member shall be appointed by the Senate Committee on Rules, two members of the Medical Board of California shall be appointed by the Medical Board of California, and two members of the Osteopathic Medical Board of California shall be appointed by the Osteopathic Medical Board of California. -(3)The members of the panel appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules shall consist of representatives of designated and nondesignated public hospitals, private hospitals, community clinics, public and private health insurance providers, the pharmaceutical industry, associations of health care practitioners, and other appropriate members of health or related professions. -(4)All persons considered for appointment shall have an interest in increasing the number of medical residencies in the state, an interest in increasing access to health care in underserved areas of California, and the ability and desire to solicit funds for the purposes of this article, as determined by the appointing power. -(b)The Governor shall appoint the president of the panel from among those members appointed by the Governor, the Speaker of the Assembly, the Senate Committee on Rules, the Medical Board of California, and the Osteopathic Medical Board of California. -(c)(1)Of the members of the panel first appointed by the Governor, three members shall be appointed to serve a one-year term, three members shall be appointed to serve a two-year term, and one member shall be appointed to serve a three-year term. -(2)Each member of the panel first appointed by the Speaker of the Assembly and the Senate Committee on Rules shall be appointed to serve a three-year term. -(3)Each member of the panel appointed by the Medical Board of California and the Osteopathic Medical Board of California shall be appointed to serve a four-year term. -(4)Upon the expiration of the initial appointments to the panel by the Governor, the Speaker of the Assembly, the Senate Committee on Rules, the Medical Board of California, and the Osteopathic Medical Board of California, each member shall be appointed to serve a four-year term. -(d)(1)Members of the panel appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the panel. -(2)The members appointed by the Medical Board of California and the Osteopathic Medical Board of California shall serve without compensation, but shall be reimbursed by the Medical Board of California and the Osteopathic Medical Board of California, respectively, for any actual and necessary expenses incurred in connection with their duties as members of the panel. -(e)Notwithstanding any law relating to incompatible activities, no member of the panel shall be considered to be engaged in activities inconsistent and incompatible with his or her duties solely as a result of membership on the Medical Board of California or the Osteopathic Medical Board of California. -(f)The panel shall be subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 2 of the Corporations Code), except that if there is a conflict with this article and the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 2 of the Corporations Code), this article shall prevail. -128592. -The panel shall do all of the following: -(a)Solicit and accept funds from business, industry, foundations, and other private or public sources for the purpose of establishing and funding new residency positions in areas of the state described in subdivision (c). -(b)Encourage public and private sector institutions, including hospitals, colleges, universities, community clinics, and other health agencies and organizations to identify and provide locations for the establishment of new residency positions in areas of the state described in subdivision (c). The panel shall solicit proposals for medical residency programs, as described in subdivision (c), and shall provide to the foundation a copy of all proposals it receives. -(c)Upon the sufficient solicitation of funds and at the panel’s discretion, recommend to the foundation the establishment of new residency positions. A recommendation shall include all pertinent information required to enter into the necessary contracts to establish the residency positions. The panel shall only approve and recommend to the foundation proposals that would establish residency positions that will serve in any of the following medical service areas: -(1)A service area that is designated as a primary care shortage area by the office. -(2)A service area that is designated as a health professional shortage area for primary care, by either population or geographic designation, by the Health Resources and Services Administration of the United States Department of Health and Human Services. -(3)A service area that is designated as a medically underserved area or medically underserved population by the Health Resources and Services Administration of the United States Department of Health and Human Services. -(d)Upon foundation approval of a recommendation, deposit into the fund necessary moneys required to establish and fund the residency position. -(e)Recommend to the director that a portion of the funds solicited from the private sector be used for the administrative requirements of the panel and the foundation. -(f)Prepare and submit an annual report to the Legislature documenting the amount of money solicited, the amount of money deposited by the panel into the fund, the recommendations for the location and fields of practice of residency positions, total expenditures for the year, and prospective fundraising goals. -128593. -The foundation shall do all of the following: -(a)Provide technical and staff support to the panel in meeting all of its responsibilities. -(b)Upon receipt of a recommendation made by the panel pursuant to subdivision (c) of Section 128592, approve the recommendation if the recommendation fulfills the requirements of subdivision (c) of Section 128592 and the recommendation fulfills the goals of this article. Upon sufficient funds being available, an approval shall be sent to the office for implementation pursuant to Section 128594. -128594. -The office shall do all of the following: -(a)Establish a uniform process by which the panel may solicit proposals from public and private sector institutions, including hospitals, colleges, universities, community clinics, and other health agencies and organizations that train primary care residents. The office shall require that the proposals contain all necessary and pertinent information, including, but not limited to, all of the following: -(1)The location of the proposed residency position. -(2)The medical practice area of the proposed residency position. -(3)Information that demonstrates the area’s need for the proposed residency position and for additional primary care practitioners. -(4)The amount of funding required to establish and operate the residency position. -(b)Enter into contracts with public and private sector institutions, including hospitals, colleges, universities, community clinics, and other health agencies and organizations in order to fund and establish residency positions at, or in association with, these institutions. -(c)Ensure that the residency position has been, or will be, approved by the Accreditation Council for Graduate Medical Education. -(d)Provide all of the following information to the panel and the foundation as requested: -(1)The areas of the state that are deficient in primary care services. -(2)The areas of the state that have the highest number of Medi-Cal enrollees and persons eligible to enroll in Medi-Cal, by proportion of population. -(3)Other information relevant to assist the panel and the foundation in making recommendations on possible locations for new residency positions. -(e)Monitor the residencies established pursuant to this article. -(f)(1)Prepare and submit an annual report to the panel, the foundation, and the Legislature documenting the amount of money contributed to the fund by the panel, the amount of money expended from the fund, the purposes of those expenditures, the number and location of residency positions established and funded, and recommendations for the location of future residency positions. -(2)The report pursuant to paragraph (1) shall be made to the Legislature pursuant to Section 9795 of the Government Code. -128595. -(a)The Medical Residency Training Fund is hereby created within the State Treasury. -(b)The primary purpose of the fund is to allocate funding for new residency positions throughout the state. Money in the fund shall also be used to pay for the cost of administering the goals of the panel and the foundation as established by this article, and for any other purpose authorized by this article. -(c)The level of expenditure by the office for the administrative support of the panel and the foundation is subject to review and approval annually through the state budget process. -(d)In addition to funds raised by the panel, the office and the foundation may solicit and accept public and private donations to be deposited into the fund. All money in the fund is continuously appropriated to the office for the purposes of this article. The office shall manage this fund prudently in accordance with applicable laws. -128596. -Any regulations the office adopts to implement this article shall be adopted as emergency regulations in accordance with Section 11346.1 of the Government Code, except that the regulations shall be exempt from the requirements of subdivisions (e), (f), and (g) of that section. The regulations shall be deemed to be emergency regulations for the purposes of Section 11346.1 of the Government Code. -128597. -Notwithstanding any other law, the office may exempt from public disclosure any document in the possession of the office that pertains to a donation made pursuant to this article if the donor has requested anonymity. -128598. -(a)The Governor may include in the annual budget proposal an amount, as he or she deems reasonable, to be appropriated to the office to be used as provided in this article. -(b)If the Legislature appropriates money for purposes of this article, the money shall be appropriated to the office, which shall hold the money for distribution to the fund. -(c)Funds appropriated to the office shall be paid into the fund, upon request of the panel, in an amount matching the amount deposited into the fund by the panel or by the foundation and office pursuant to subdivision (d) of Section 128595 for the purposes of this article. Any money that was appropriated to the office and that has not been distributed to the fund at the end of each fiscal year shall be returned to the General Fund. -SEC. 2. -The Legislature finds and declares that Section 1 of this act, which adds Article 7 (commencing with Section 128590) to Chapter 5 of Part 3 of Division 107 of the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -The need to protect individual privacy of donations made by a donor to fund new medical residency positions in underserved areas of the state outweighs the interest in the public disclosure of that information.","The Song-Brown Health Care Workforce Training Act creates a state medical contract program to increase the number of students and residents receiving quality education and training in specified primary care specialties or in nursing, and to maximize the delivery of primary care and family physician services to specific areas of California where there is a recognized unmet priority need for those services. The act requires the Director of Statewide Health Planning and Development to, among other things, contract with accredited medical schools, teaching health centers, training programs, hospitals, and other health care delivery systems for those purposes, based on recommendations of the California Healthcare Workforce Policy Commission and in conformity with the contract criteria and program standards established by the commission. -This bill would appropriate $300,000,000 from the General Fund to the director for the purpose of funding new and existing graduate medical education physician residency positions, and supporting training faculty, pursuant to the act, for expenditure as specified. The bill would also make related findings and declarations. -Existing law, the Song-Brown Health Care Workforce Training Act, declares the intent of the Legislature to increase the number of students and residents receiving quality education and training in the specialty of family practice and as primary care physician’s assistants and primary care nurse practitioners. Existing law establishes, for this purpose, a state medical contract program with accredited medical schools, programs that train primary care physician’s assistants, programs that train primary care nurse practitioners, registered nurses, hospitals, and other health care delivery systems. -Existing law requires the Office of Statewide Health Planning and Development to establish the Health Professions Education Foundation to solicit and receive funds for the purpose of providing financial assistance in the form of scholarships or loans to medical students from underrepresented groups. Under existing law, the foundation also administers other programs for the advancement of health professions, including the Registered Nurse Education Program. -This bill would establish the Medical Residency Training Advisory Panel, consisting of a total of 13 members to be appointed as specified, within the Health Professions Education Foundation. -The bill would create the Medical Residency Training Fund in the State Treasury, a continuously appropriated fund, and would require the panel to solicit and accept funds from business, industry, foundations, and other private or public sources for the purpose of establishing and funding new graduate medical residency training programs in specified areas of the state, including medically underserved areas. By creating a continuously appropriated fund, the bill would make an appropriation. The bill would require the foundation to provide technical support and financial management for the panel and to approve and send panel recommendations for new residency programs to the Office of Statewide Health Planning and Development for implementation if specified requirements are met, including sufficient funding. The bill would require the office to enter into contracts with public and private sector institutions and other health agencies and organizations in order to fund and establish recommended residency positions. The bill would authorize the Governor to include in the annual budget proposal an amount, as he or she deems reasonable, to be appropriated for this purpose. The bill, if the Legislature appropriates money for this purpose, would require the office to hold the funds and distribute them into the fund, upon request of the panel, in an amount matching the amount deposited into the fund, as specified. The bill would require money that was appropriated, but that has not been distributed to the fund at the end of each fiscal year, to be returned to the General Fund. -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act -to add Article 7 (commencing with Section 128590) to Chapter 5 of Part 3 of Division 107 of the Health and Safety Code, -relating to health care, and making an appropriation therefor." -7,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Scientific research has demonstrated that young children living in deep poverty experience lifelong cognitive impairments limiting their ability to be prepared for, and succeed in, school. -(b) Academic research has documented an increase in missed days of school and an increase in visits to hospital emergency rooms by children who live in deep poverty. -(c) The Maximum Family Grant rule was adopted to limit the length of time a family could receive basic needs assistance, and to limit the amount of assistance a family could receive, through the Aid to Families with Dependent Children (AFDC) program before the implementation of welfare reform. At the time the rule was adopted, there was no limit on the length of time a family could receive aid, no work requirements, and the benefits provided were approximately 80 percent of the federal poverty level. -(d) Since the implementation of the Maximum Family Grant rule, AFDC has been replaced with the California Work Opportunity and Responsibility to Kids Act (CalWORKs), which imposes lifetime limits on aid and requires adult CalWORKs participants to meet work requirements in order to receive a maximum benefit of approximately 40 percent of the federal poverty level. -(e) The Maximum Family Grant rule makes poor children poorer, reducing the income of families with infants to below 30 percent of the federal poverty level. -(f) This act is necessary to protect infants born to families receiving CalWORKs from experiencing lifelong cognitive impairments due to the toxic stress of deep poverty and to ready those children for participation in California’s public school system. -(g) This act is also necessary to protect the reproductive and privacy rights of all applicants for, and recipients of, aid under CalWORKs. -SEC. 2. -Section 11270.5 is added to the Welfare and Institutions Code, immediately following Section 11270, to read: -11270.5. -(a) An applicant for, or recipient of, aid under this chapter shall not be required, as a condition of eligibility, to do any of the following: -(1) Divulge that any member of the assistance unit is a victim of rape or incest. -(2) Share confidential medical records related to any member of the assistance unit’s rape or incest. -(3) Use contraception, choose a particular method of contraception, or divulge the method of contraception that any member of the assistance unit uses. -(b) An applicant for, or recipient of, aid under this chapter shall not be denied aid, nor denied an increase in the maximum aid payment, for a child born into the applicant’s or recipient’s family during a period in which the applicant’s or recipient’s family was receiving aid under this chapter. -(c) An applicant for, or recipient of, aid under this chapter shall not be entitled to an increased benefit payment for any month prior to January 1, 2016, as a result of the repeal of former Section 11450.04 (as added by Section 1 of Chapter 196 of the Statutes of 1994) or the enactment of this section. -SEC. 3. -Section 11450.04 of the Welfare and Institutions Code is repealed. -11450.04. -(a)For purposes of determining the maximum aid payment specified in subdivision (a) of Section 11450 and for no other purpose, the number of needy persons in the same family shall not be increased for any child born into a family that has received aid under this chapter continuously for the 10 months prior to the birth of the child. For purposes of this section, aid shall be considered continuous unless the family does not receive aid during two consecutive months. This subdivision shall not apply to applicants for, or recipients of, aid unless notification is provided pursuant to this section. -(b)This section shall not apply with respect to any of the following children: -(1)Any child who was conceived as a result of an act of rape, as defined in Sections 261 and 262 of the Penal Code, if the rape was reported to a law enforcement agency, medical or mental health professional or social services agency prior to, or within three months after, the birth of the child. -(2)Any child who was conceived as a result of an incestuous relationship if the relationship was reported to a medical or mental health professional or a law enforcement agency or social services agency prior to, or within three months after, the birth of the child, or if paternity has been established. -(3)Any child who was conceived as a result of contraceptive failure if the parent was using an intrauterine device, a Norplant, or the sterilization of either parent. -(c)This section shall not apply to any child born on or before November 1, 1995. -(d)(1)This section shall not apply to any child to whom it would otherwise apply if the family has not received aid for 24 consecutive months while the child was living with the family. -(2)This section shall not apply to any child conceived when either parent was a nonneedy caretaker relative. -(3)This section shall not apply to any child who is no longer living in the same home with either parent. -(e)One hundred percent of any child support payment received for a child born into the family, but for whom the maximum aid payment is not increased pursuant to this section, shall be paid to the assistance unit. Any such child support payment shall not be considered as income to the family for the purpose of calculating the amount of aid for which the family is eligible under this article. -(f)Commencing January 1, 1995, each county welfare department shall notify applicants for assistance under this chapter, in writing, of the provisions of this section. The notification shall also be provided to recipients of aid under this chapter, in writing, at the time of recertification, or sooner. The notification required by this section shall set forth the provisions of this section and shall state explicitly the impact these provisions would have on the future aid to the assistance unit. This section shall not apply to any recipient’s child earlier than 12 months after the mailing of an informational notice as required by this subdivision. -(g)(1)The department shall seek all appropriate federal waivers for the implementation of this section. -(2)The department shall implement this section commencing on the date the Director of Social Services executes a declaration, that shall be retained by the director, stating that the administrative actions required by paragraph (1) as a condition of implementation of this section have been taken by the United States Secretary of Health and Human Services. -(h)Subdivisions (a) to (g), inclusive, shall become operative on January 1, 1995. -SEC. 4. -No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for the purposes of this act. -SEC. 5. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Under existing law, for purposes of determining a family’s maximum aid payment under the CalWORKs program, the number of needy persons in the same family is not increased for any child born into a family that has received aid under the CalWORKs program continuously for the 10 months prior to the birth of the child, with specified exceptions. -This bill would repeal that exclusion for purposes of determining the family’s maximum aid payment and would expressly prohibit the denial of aid, or the denial of an increase in the maximum aid payment, if a child, on whose behalf aid or an increase in aid is being requested, was born into an applicant’s or recipient’s family while the applicant’s or recipient’s family was receiving aid under the CalWORKs program. The bill would specify that an applicant or recipient is not entitled to an increased benefit payment for any month prior to January 1, 2016, as a result of the repeal of that exclusion or the enactment of that express prohibition. The bill would also prohibit the department from conditioning an applicant’s or recipient’s eligibility for aid on the applicant’s or recipient’s disclosure of information regarding rape, incest, or contraception, as specified, or the applicant’s or recipient’s use of contraception. -Existing law continuously appropriates moneys from the General Fund to defray a portion of county aid grant costs under the CalWORKs program. -This bill would declare that no appropriation would be made for purposes of the bill. -To the extent that this bill affects eligibility under the CalWORKs program, the bill would create a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 11270.5 to, and to repeal Section 11450.04 of, the Welfare and Institutions Code, relating to CalWORKs." -8,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7522.02 of the Government Code is amended to read: -7522.02. -(a) (1) Notwithstanding any other law, except as provided in this article, on and after January 1, 2013, this article shall apply to all state and local public retirement systems and to their participating employers, including the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Legislators’ Retirement System, the Judges’ Retirement System, the Judges’ Retirement System II, county and district retirement systems created pursuant to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3), independent public retirement systems, and to individual retirement plans offered by public employers. However, this article shall be subject to the Internal Revenue Code and Section 17 of Article XVI of the California Constitution. The administration of the requirements of this article shall comply with applicable provisions of the Internal Revenue Code and the Revenue and Taxation Code. -(2) Notwithstanding paragraph (1), this article shall not apply to the entities described in Section 9 of Article IX of, and Sections 4 and 5 of Article XI of, the California Constitution, except to the extent that these entities continue to be participating employers in any retirement system governed by state statute. Accordingly, any retirement plan approved before January 1, 2013, by the voters of any entity excluded from coverage by this section shall not be affected by this article. -(3) (A) Notwithstanding paragraph (1), this article shall not apply to a public employee whose interests are protected under Section 5333(b) of Title 49 of the United States Code until a federal district court rules that the United States Secretary of Labor, or his or her designee, erred in determining that the application of this article precludes certification under that section, or until January 1, 2016, whichever is sooner. -(B) If a federal district court upholds the determination of the United States Secretary of Labor, or his or her designee, that application of this article precludes him or her from providing a certification under Section 5333(b) of Title 49 of the United States Code, this article shall not apply to a public employee specified in subparagraph (A). -(4) Notwithstanding paragraph (1), this article shall not apply to a multiemployer plan authorized by Section 302(c)(5) of the federal Taft-Hartley Act (29 U.S.C. Sec. 186(c)(5)) if the public employer began participation in that plan prior to January 1, 2013, and the plan is regulated by the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.). -(b) The benefit plan required by this article shall apply to public employees who are new members as defined in Section 7522.04. -(c) (1) Individuals who were employed by any public employer before January 1, 2013, and who became employed by a subsequent public employer for the first time on or after January 1, 2013, shall be subject to the retirement plan that would have been available to employees of the subsequent employer who were first employed by the subsequent employer on or before December 31, 2012, if the individual was subject to concurrent membership for which creditable service was performed in the previous six months or reciprocity established under any of the following provisions: -(A) Article 5 (commencing with Section 20350) of Chapter 3 of Part 3 of Division 5 of Title 2. -(B) Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3. -(C) Any agreement between public retirement systems to provide reciprocity to members of the systems. -(D) Section 22115.2 of the Education Code. -(2) An individual who was employed before January 1, 2013, and who, without a separation from employment, changed employment positions and became subject to a different defined benefit plan in a different public retirement system offered by his or her employer shall be subject to that defined benefit plan as it would have been available to employees who were first employed on or before December 31, 2012. -(d) If a public employer, before January 1, 2013, offers a defined benefit pension plan that provides a defined benefit formula with a lower benefit factor at normal retirement age and results in a lower normal cost than the defined benefit formula required by this article, that employer may continue to offer that defined benefit formula instead of the defined benefit formula required by this article, and shall not be subject to the requirements of Section 7522.10 for pensionable compensation subject to that formula. However, if the employer adopts a new defined benefit formula on or after January 1, 2013, that formula must conform to the requirements of this article or must be determined and certified by the retirement system’s chief actuary and the retirement board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the defined benefit plan may only participate in the lower cost defined benefit formula that was in place before January 1, 2013, or a defined benefit formula that conforms to the requirements of this article or is approved by the Legislature as provided in this subdivision. -(e) If a public employer, before January 1, 2013, offers a retirement benefit plan that consists solely of a defined contribution plan, that employer may continue to offer that plan instead of the defined benefit pension plan required by this article. However, if the employer adopts a new defined benefit pension plan or defined benefit formula on or after January 1, 2013, that plan or formula must conform to the requirements of this article or must be determined and certified by the retirement system’s chief actuary and the system’s board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the employer’s plan may only participate in the defined contribution plan that was in place before January 1, 2013, or a defined contribution plan or defined benefit formula that conforms to the requirements of this article. This subdivision shall not be construed to prohibit an employer from offering a defined contribution plan on or after January 1, 2013, either with or without a defined benefit plan, whether or not the employer offered a defined contribution plan prior to that date. -(f) (1) If, on or after January 1, 2013, the Cities of Brea and Fullerton form a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5), that joint powers authority may provide employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of the City of Brea, the City of Fullerton, or a city described in paragraph (2) who is not a new member and subsequently is employed by the joint powers authority within 180 days of the city providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. -(2) On or before January 1, 2017, a city in Orange County that is contiguous to the City of Brea or the City of Fullerton may join the joint powers authority described in paragraph (1) but not more than three cities shall be permitted to join. -(3) The formation of a joint powers authority on or after January 1, 2013, shall not act in a manner as to exempt a new employee or a new member, as defined by Section 7522.04, from the requirements of this article. New members may only participate in a defined benefit plan or formula that conforms to the requirements of this article. -(g) (1) If, on or after January 1, 2013, the Belmont Fire Protection District, the Estero Municipal Improvement District, and the City of San Mateo form a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5), that joint powers authority may provide employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of the Belmont Fire Protection District, the Estero Municipal Improvement District, and the City of San Mateo who is not a new member and subsequently is employed by the joint powers authority within 180 days of the agency providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. -(2) The formation of a joint powers authority on or after January 1, 2013, shall not act in a manner as to exempt a new employee or a new member, as defined by Section 7522.04, from the requirements of this article. New members may only participate in a defined benefit plan or formula that conforms to the requirements of this article. -(h) The Judges’ Retirement System and the Judges’ Retirement System II shall not be required to adopt the defined benefit formula required by Section 7522.20 or 7522.25 or the compensation limitations defined in Section 7522.10. -(i) This article shall not be construed to provide membership in any public retirement system for an individual who would not otherwise be eligible for membership under that system’s applicable rules or laws. -(j) On and after January 1, 2013, each public retirement system shall modify its plan or plans to comply with the requirements of this article and may adopt regulations or resolutions for this purpose. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to clarify the benefit eligibility rules under the California Public Employees’ Pension Reform Act of 2013 and maintain the integrity of that act and further its purpose.","The California Public Employees’ Pension Reform Act of 2013 (PEPRA) requires a public retirement system, as defined, to modify its plan or plans to comply with the act and, among other provisions, establishes new retirement formulas that may not be exceeded by a public employer offering a defined benefit pension plan for employees first hired on or after January 1, 2013. Existing law, the Joint Exercise of Powers Act, generally authorizes 2 or more public agencies, by agreement, to jointly exercise any common power, which may include hiring employees and establishing retirement systems. PEPRA authorizes a joint powers authority formed by the Cities of Brea and Fullerton on or after January 1, 2013, to provide its employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of specified cities who is not a new member and subsequently is employed by the joint powers authority within 180 days of the city providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. -This bill would authorize a joint powers authority formed by the Belmont Fire Protection District, the Estero Municipal Improvement District, and the City of San Mateo on or after January 1, 2013, to provide employees who are not new members under PEPRA with the defined benefit plan or formula that was received by those employees from their respective employers on December 31, 2012, if they are employed by the joint powers authority within 180 days of the agency providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. The bill would prohibit the formation of a joint powers authority on or after January 1, 2013, in a manner that would exempt a new employee or a new member from the requirements of PEPRA. -This bill would make legislative findings and declarations as to the necessity of a special statute for the Belmont Fire Protection District, the Estero Municipal Improvement District, and the City of San Mateo.","An act to amend Section 7522.02 of the Government Code, relating to public employees’ retirement." -9,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 4.5 (commencing with Section 14400) is added to Division 7 of the Food and Agricultural Code, to read: -CHAPTER 4.5. Livestock: Use of Antimicrobial Drugs -14400. -For purposes of this chapter, the following definitions apply: -(a) “Medically important antimicrobial drug” means an antimicrobial drug listed in Appendix A of the federal Food and Drug Administration’s Guidance for Industry #152, including critically important, highly important, and important antimicrobial drugs, as that appendix may be amended. -(b) “Livestock” means all animals and poultry, including aquatic and amphibian species, that are raised, kept, or used for profit. Livestock does not include bees or those species that are usually kept as pets, such as dogs, cats, and pet birds. -(c) “Veterinary feed directive” has the same definition as in Section 558.3 of Title 21 of the Code of Federal Regulations. -14401. -Beginning January 1, 2018, a medically important antimicrobial drug shall not be administered to livestock unless ordered by a licensed veterinarian through a prescription or veterinary feed directive, pursuant to a veterinarian-client-patient relationship that meets the requirements of Section 2032.1 of Title 16 of the California Code of Regulations. -14402. -(a) Beginning January 1, 2018, a medically important antimicrobial drug may be used when, in the professional judgment of a licensed veterinarian, the medically important antimicrobial drug is any of the following: -(1) Necessary to treat a disease or infection. -(2) Necessary to control the spread of a disease or infection. -(3) Necessary in relation to surgery or a medical procedure. -(b) A medically important antimicrobial drug may also be used when, in the professional judgment of a licensed veterinarian, it is needed for prophylaxis to address an elevated risk of contraction of a particular disease or infection. -(c) A person shall not administer a medically important antimicrobial drug to livestock solely for purposes of promoting weight gain or improving feed efficiency. -(d) Unless the administration is consistent with subdivision (a), a person shall not administer a medically important antimicrobial drug in a regular pattern. -14403. -(a) Notwithstanding Sections 14401 and 14402 of this code and Article 15 (commencing with Section 4196) of Chapter 9 of Division 2 of the Business and Professions Code, medically important antimicrobial drugs may be sold by retailers licensed pursuant to Article 5 (commencing with Section 14321) of Chapter 4 of Division 7 with a prescription or veterinary feed directive from a licensed veterinarian. -(b) This section shall not be construed to invalidate the requirement to obtain a prescription or veterinary feed directive to administer a medically important antimicrobial drug as required by Section 14401. -(c) The department may promulgate regulations to implement this section. -14404. -(a) The department, in consultation with the Veterinary Medical Board, the State Department of Public Health, universities, and cooperative extensions, shall develop antimicrobial stewardship guidelines and best management practices for veterinarians, as well as livestock owners and their employees who are involved with administering medically important antimicrobial drugs, on the proper use of medically important antimicrobial drugs for disease treatment, control, and prevention. The guidelines shall include scientifically validated practical alternatives to the use of medically important antimicrobial drugs, including, but not limited to, the introduction of effective vaccines and good hygiene and management practices. -(b) The department shall consult with livestock producers, licensed veterinarians, and any other relevant stakeholders on ensuring livestock timely access to treatment for producers in rural areas with limited access to veterinary care. -(c) For purposes of this section, “antimicrobial stewardship” is a commitment to do all of the following: -(1) To use medically important antimicrobial drugs only when necessary to treat, control, and, in some cases, prevent, disease. -(2) To select the appropriate medically important antimicrobial drug and the appropriate dose, duration, and route of administration. -(3) To use medically important antimicrobial drugs for the shortest duration necessary and to administer them to the fewest animals necessary. -14405. -(a) It is the intent of the Legislature that the department coordinate with the United States Department of Agriculture, the federal Food and Drug Administration, and the federal Centers for Disease Control and Prevention to implement the expanded antimicrobial resistance surveillance efforts included in the National Action Plan for Combating Antibiotic-Resistant Bacteria, and that the information gathered through this effort will help lead to a better understanding of the links between antimicrobial use patterns in livestock and the development of antimicrobial resistant bacterial infections. -(b) (1) The department shall gather information on medically important antimicrobial drug sales and usage, as well as antimicrobial resistant bacteria and livestock management practice data. Monitoring efforts shall not be duplicative of the National Animal Health Monitoring System and the National Antimicrobial Resistance Monitoring System, and, to the extent feasible, the department shall coordinate with the United States Department of Agriculture, the federal Centers for Disease Control and Prevention, and the federal Food and Drug Administration in the development of these efforts. -(2) In coordinating with the National Animal Health Monitoring System and the National Antimicrobial Resistant Monitoring System, the department shall gather representative samples from all of the following: -(A) California’s major livestock segments. -(B) Regions with considerable livestock production. -(C) Representative segments of the food production chain. -(c) The department shall work with willing participants to gather samples and shall consult with, and conduct outreach to, livestock producers, licensed veterinarians, and any other relevant stakeholders on the implementation of the monitoring efforts. Participation in this effort shall be done in a manner that does not breach veterinary-client-patient confidentiality laws. -(d) (1) The department shall report to the Legislature by January 1, 2019, the results of its outreach activities and monitoring efforts. The department shall advise the Legislature as to whether or not participation is sufficient to provide statistically relevant data. The report shall be submitted in compliance with Section 9795 of the Government Code. -(2) This subdivision is inoperative on January 1, 2023, pursuant to Section 10231.5 of the Government Code. -(e) The department shall seek funds from federal, state, and other sources to implement this section. -(f) The department may promulgate regulations to implement this section. -14406. -The department has the authority to request and receive copies of veterinary feed directives from the livestock owner, veterinarian, or distributor to fully implement the provisions of this chapter. -14407. -Notwithstanding the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), any information provided pursuant to this chapter and Section 14902.5, if that section is added by Senate Bill 770 of the 2015–16 Regular Session of the Legislature, shall be held confidential, and shall not be disclosed to any person or governmental agency, other than the department or the Veterinary Medical Board, for the purposes of enforcing the Veterinary Medicine Practice Act (Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code), unless the data is aggregated to prevent the identification of an individual farm or business. Information may be shared with federal agencies so long as it is protected by the federal Confidential Information Protection and Statistical Efficiency Act of 2002 (Public Law 107-347). -14408. -(a) A person who violates this chapter shall be liable for a civil penalty of not more than two hundred and fifty dollars ($250) for each day a violation occurs. -(b) (1) For a second or subsequent violation, a person who violates this chapter shall be punishable by an administrative fine, levied by the secretary, in the amount of five hundred dollars ($500) for each day a violation occurs. -(2) In addition to the administrative fine, the violator shall attend an educational program on the judicious use of medically important antimicrobial drugs that has been approved by the secretary. The violator shall successfully complete the program and provide proof to the secretary within 90 days from the occurrence of the violation. -(c) Subdivisions (a) and (b) do not apply to licensed veterinarians. If the Veterinary Medical Board determines that a veterinarian is in violation of the Veterinary Medicine Practice Act (Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code), the veterinarian may be subject to disciplinary sanctions pursuant to the act. -(d) The moneys collected pursuant to this article shall be deposited into the Department of Food and Agriculture Fund and shall be available for expenditure upon appropriation by the Legislature. -SEC. 2. -The Legislature finds and declares that Section 1 of this act, which adds Section 14407 to the Food and Agricultural Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -In order to ensure the confidentiality of the information collected pursuant to this act and the integrity of that information for regulatory and enforcement purposes, it is necessary that this act take effect.","(1) Existing law regulates the distribution and use of livestock drugs, as defined, by the Secretary of Food and Agriculture. Existing law also requires a person to obtain a license from the secretary to manufacture, sell, distribute, or store commercial feed, including commercial feed containing drugs. -This bill would, beginning January 1, 2018, prohibit the administration of medically important antimicrobial drugs, as defined, to livestock unless ordered by a licensed veterinarian through a prescription or veterinary feed directive pursuant to a veterinarian-client-patient relationship, as specified, and would prohibit the administration of a medically important antimicrobial drug to livestock solely for purposes of promoting weight gain or improving feed efficiency. The bill would require the Department of Food and Agriculture, in consultation with the Veterinary Medical Board, the State Department of Public Health, universities, and cooperative extensions, to develop antimicrobial stewardship guidelines and best management practices on the proper use of medically important antimicrobial drugs and would require the department to gather information on medically important antimicrobial drug sales and usage, antimicrobial resistant bacteria, and livestock management practice data. The bill would require information provided pursuant to those provisions to be held confidential, as specified. The bill would authorize the department to request and receive copies of veterinary feed directives from certain persons to implement the bill’s provisions. The bill would make a first violation of the bill’s provisions subject to a civil penalty of up to $250 for each day a violation occurs, and would make second and subsequent violations subject to an administrative fine of $500 for each day a violation occurs, except as specified. -(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to add Chapter 4.5 (commencing with Section 14400) to Division 7 of the Food and Agricultural Code, relating to livestock." -10,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 13515.28 is added to the Penal Code, to read: -13515.28. -(a) (1) The commission shall require the field training officers who provide instruction in the field training program to have at least eight hours of crisis intervention behavioral health training to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability. This course shall include classroom instruction and instructor-led active learning, such as scenario-based training, and shall be taught in segments that are at least four hours long. -(2) If a field training officer has completed eight hours of crisis intervention behavioral health training within the past 24 months, or if a field training officer has completed 40 hours of crisis intervention behavioral health training, the requirement described in paragraph (1) shall not apply. -(b) The crisis intervention behavioral health training shall address issues relating to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics: -(1) The cause and nature of mental illnesses and intellectual disabilities. -(2) (A) How to identify indicators of mental illness, intellectual disability, and substance use disorders. -(B) How to distinguish between mental illness, intellectual disability, and substance use disorders. -(C) How to respond appropriately in a variety of situations involving persons with mental illness, intellectual disability, and substance use disorders. -(3) Conflict resolution and deescalation techniques for potentially dangerous situations. -(4) Appropriate language usage when interacting with potentially emotionally distressed persons. -(5) Community and state resources available to serve persons with mental illness or intellectual disability, and how these resources can be best utilized by law enforcement. -(6) The perspective of individuals or families who have experiences with persons with mental illness, intellectual disability, and substance use disorders. -(c) Field training officers assigned or appointed before January 1, 2017, shall complete the crisis intervention behavioral health training by June 30, 2017. Field training officers assigned or appointed on or after January 1, 2017, shall complete the crisis intervention behavioral health training within 180 days of assignment or appointment. -(d) This section does not prevent an agency from requiring its field training officers to complete additional hours of crisis intervention behavioral health training or requiring its field training officers to complete that training earlier than as required by this section. -SEC. 2. -Section 13515.29 is added to the Penal Code, to read: -13515.29. -(a) The commission shall establish and keep updated a field training officer course relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability. -(b) This course shall consist of at least four hours of classroom instruction and instructor-led active learning, such as scenario-based training, shall address issues related to stigma, and shall be culturally relevant and appropriate. -(c) All prospective field training officers shall complete the course described in subdivisions (a) and (b) as part of the existing field training officer program. -(d) The commission shall implement the provisions of this section on or before August 1, 2016. -SEC. 3. -Section 13515.295 is added to the Penal Code, to read: -13515.295. -(a) The commission shall, by May 1, 2016, conduct a review and evaluation of the required competencies of the field training program and police training program to identify areas where additional training is necessary to better prepare law enforcement officers to effectively address incidents involving persons with a mental illness or intellectual disability. -(b) Upon identifying what additional training is needed, the commission shall update the training in consultation with appropriate community, local, and state organizations, and agencies that have expertise in the area of mental illness, intellectual disabilities, and substance abuse disorders, and with appropriate consumer and family advocate groups. -(c) The training shall address issues related to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics: -(1) How to identify indicators of mental illness, intellectual disability, substance use disorders, neurological disorders, traumatic brain injury, post-traumatic stress disorder, and dementia. -(2) Autism spectrum disorder. -(3) Genetic disorders, including, but not limited to, Down syndrome. -(4) Conflict resolution and deescalation techniques for potentially dangerous situations. -(5) Alternatives to the use of force when interacting with potentially dangerous persons with mental illness or intellectual disabilities. -(6) The perspective of individuals or families who have experiences with persons with mental illness, intellectual disability, and substance use disorders. -(7) Involuntary holds. -(8) Community and state resources available to serve persons with mental illness or intellectual disability, and how these resources can be best utilized by law enforcement. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Existing law requires POST to include in its basic training course adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Existing law also requires POST to establish and keep updated a continuing education classroom training course relating to law enforcement interaction with developmentally disabled and mentally ill persons. -This bill would require POST to require field training officers who are instructors for the field training program to have at least 8 hours of crisis intervention behavioral health training, as specified. The bill would also require POST to require as part of its existing field training officer course, at least 4 hours of training relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability, to be completed as specified. -By requiring local law enforcement field training officers to have at least 8 additional hours of training and imposing additional training costs on local law enforcement agencies, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Sections 13515.28, 13515.29, and 13515.295 to the Penal Code, relating to peace officer training standards." -11,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) Existing federal law (42 U.S.C. Sec. 1396p) requires state Medicaid programs to seek reimbursement from the estates of deceased Medicaid beneficiaries, or from any recipient of the decedent’s property by distribution or survival, for Medicaid paid services received on or after 55 years of age, unless specific exemptions or other limitations apply. -(2) Federal law requires states to collect for long-term services and supports for individuals 55 years of age or older, and gives states the option to collect for other health care services. -(3) Federal law permits states to collect from the surviving spouse of a Medi-Cal beneficiary, but does not require collection upon the passing of a spouse of a deceased Medi-Cal beneficiary. -(4) Federal law defines “estate” for purposes of estate recovery to include all real and personal property and other assets included within the individual’s estate, as defined for purposes of state probate law, and permits states to have a broader definition of estate. -(5) The State Medicaid Manual allows states to establish an undue hardship exemption from estate recovery for a homestead of “modest value,” defined as a home valued at 50 percent or less of the average price of homes in the county where the homestead is located as of the date of the beneficiary’s death. -(6) Estate recovery is unfair to low-income individuals who need Medi-Cal for basic health care coverage, is a deterrent to signing individuals up for Medi-Cal, and is counter to both state and federal efforts to enroll individuals into health care coverage. -(7) By recovering for health care services beyond what is required by federal law, California forces low-income individuals 55 years of age or older to choose between signing up for basic health care services and passing on their home and other limited assets they possess to their children. -(8) California’s estate recovery program undermines the idea of Medi-Cal as a health care entitlement program by essentially turning Medi-Cal coverage for basic medical services into a loan program, with collection taking place at death. -(9) Estate recovery unfairly places part of the burden of financing the cost of health care in Medi-Cal on the estates of deceased Medi-Cal beneficiaries with limited assets. -(10) Estate recovery is inequitable as other social and health care programs, such as tax-subsidized coverage through the California Health Benefit Exchange, commonly referred to as Covered California, and the broadly financed federal Medicare program, do not have estate recovery. -(11) California does not adequately inform individuals on how to obtain information on the amounts that will be collected from their estate, and charges individuals $25 to find out how much Medi-Cal has spent on their behalf. -(b) It is the intent of the Legislature, with the enactment of this act, to do all of the following: -(1) Limit Medi-Cal estate recovery to only those services required to be collected for under federal law. -(2) Limit the definition of “estate” to include only the real and personal property and other assets required to be included within the definition of “estate” under federal law. -(3) Require the State Department of Health Care Services to implement the option in the State Medicaid Manual to waive its claim, as a substantial hardship, when the estate, subject to recovery, is a homestead of modest value. -(4) Prohibit recovery from the surviving spouse of a deceased Medi-Cal beneficiary. -(5) Ensure that Medi-Cal beneficiaries can easily and timely receive information about how much their estate will owe Medi-Cal when they die. -SEC. 2. -Section 14009.5 of the Welfare and Institutions Code is amended to read: -14009.5. -(a) Notwithstanding any other provision of this chapter, the department shall claim against the estate of the decedent, or against any recipient of the property of that decedent by distribution an amount equal to the payments for the health care services received or the value of the property received by any recipient from the decedent by distribution, whichever is less, only in either of the following circumstances: -(1) Notwithstanding paragraph (2), against the real property of a decedent who was an inpatient in a nursing facility in accordance with Section 1396p(b)(1)(A) of Title 42 of the United States Code. -(2) (A) The decedent was 55 years of age or older when the individual received health care services. -(B) The department shall not claim under this paragraph when there is any of the following: -(i) A surviving spouse. -(ii) A surviving child who is under 21 years of age. -(iii) A surviving child who is blind or permanently and totally disabled, within the meaning of Section 1614 of the federal Social Security Act (42 U.S.C. Sec. 1382c). -(b) (1) The department shall waive its claim, in whole or in part, if it determines that enforcement of the claim would result in substantial hardship to other dependents, heirs, or survivors of the individual against whose estate the claim exists. -(2) In determining the existence of substantial hardship, in addition to other factors considered by the department consistent with federal law and guidance, the department shall waive its claim when the estate subject to recovery is a homestead of modest value. -(3) The department shall notify individuals of the waiver provision and the opportunity for a hearing to establish that a waiver should be granted. -(c) If the department proposes and accepts a voluntary postdeath lien, the voluntary postdeath lien shall accrue interest at the rate equal to the -monthly average received -annual average rate earned -on investments in the Surplus Money Investment Fund -in the calendar year preceding the year in which the decedent died -or simple interest at 7 percent per annum, whichever is lower. -(d) (1) The department shall provide a current or former beneficiary, or his or her authorized representative designated under Section 14014.5, upon request, with the total amount of Medi-Cal expenses that have been paid on behalf of that beneficiary that would be recoverable under this section. -(2) A current or former beneficiary, or his or her authorized representative designated under Section 14014.5, shall receive, upon request, a copy of the information requested pursuant to this subdivision once per calendar year for a reasonable fee not to exceed five dollars ($5) if the current or former beneficiary meets either of the following descriptions: -(A) An individual who is 55 years of age or older when the individual received health care services. -(B) A permanently institutionalized individual who is an inpatient in a nursing facility, intermediate care facility for the intellectually disabled, or other medical institution. -(3) The department shall permit a beneficiary to request the information described in paragraph (1) through the Internet, by telephone, by mail, or through other commonly available electronic means. -(4) The department shall conspicuously post on its Internet Web site, a description of the methods by which a request under this subdivision may be made, including, but not limited to, the department’s telephone number and any addresses that may be used for this purpose. The department shall also include this information in its pamphlet for the Medi-Cal Estate Recovery Program and any other notices the department distributes to beneficiaries regarding estate recovery. -(5) Upon receiving a request for the information described in paragraph (1), the department shall provide the information requested within 90 days after receipt of the request. -(e) The following definitions shall govern the construction of this section: -(1) “Decedent” means a beneficiary who has received health care under this chapter or Chapter 8 (commencing with Section 14200) and who has died leaving property to others -either -through -distribution or survival. -distribution. -(2) “Dependents” includes, but is not limited to, immediate family or blood relatives of the decedent. -(3) “Estate” means all real and personal property and other assets that are required to be subject to a claim for recovery pursuant to Section 1396p(b)(4)(A) of Title 42 of the United States Code. “Estate” shall not include any other real and personal property or other assets in which the individual had any legal title or interest at the time of death, to the extent of that interest, consistent with Section 1396p(b)(4)(B) of Title 42 of the United States Code. -(4) “Health care services” means only those services required to be recovered under Section 1396p(b)(1)(B)(i) of Title 42 of the United States Code. -(5) “Homestead of modest value” means a home whose fair market value is 50 percent or less of the average price of homes in the county where the homestead is located, as of the date of the decedent’s death. -(f) The amendments made to this section by the act that added this subdivision shall apply only to individuals who die on or after January 1, 2016.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. -Existing federal law requires the state to seek adjustment or recovery from an individual’s estate for specified medical assistance, including nursing facility services, home and community-based services, and related hospital and prescription drug services, if the individual was 55 years of age or older when he or she received the medical assistance. Existing federal law allows the state, at its own option, to seek recovery for any items or services covered under the state’s Medicaid plan. -Existing state law, with certain exceptions, requires the department to claim against the estate of a decedent, or against any recipient of the property of that decedent by distribution or survival, an amount equal to the payments for Medi-Cal services received or the value of the property received by any recipient from the decedent by distribution or survival, whichever is less. Existing law provides for certain exemptions that restrict the department from filing a claim against a decedent’s property, including when there is a surviving spouse during his or her lifetime. Existing law requires the department, however, to make a claim upon the death of the surviving spouse, as prescribed. Existing law requires the department to waive its claim, in whole or in part, if it determines that enforcement of the claim would result in a substantial hardship, as specified. Existing law, which has been held invalid by existing case law, provides that the exemptions shall only apply to the proportionate share of the decedent’s estate or property that passes to those recipients, by survival or distribution, who qualify for the exemptions. -This bill would instead require the department to make these claims only in specified circumstances for those health care services that the state is required to recover under federal law, and would define health care services for these purposes. The bill would limit any claims against the estate of a decedent to only the real and personal property or other assets the state is required to seek recovery from under federal law. The bill would delete the proportionate share provision and would delete the requirement that the department make a claim upon the death of the surviving spouse. The bill would require the department to waive its claim when the estate subject to recovery is a homestead of modest value, as defined. The bill would limit the amount of interest that is entitled to accrue on a voluntary postdeath lien, as specified. The bill would also require the department to provide a current or former beneficiary, or his or her authorized representative, upon request, with the total amount of Medi-Cal expenses that have been paid on his or her behalf that would be recoverable under these provisions, as specified. The bill would apply the changes made by these provisions only to individuals who die on or after January 1, 2016.","An act to amend Section 14009.5 of the Welfare and Institutions Code, relating to Medi-Cal." -12,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 5205.5 of the Vehicle Code is amended to read: -5205.5. -(a) For purposes of implementing Section 21655.9, the department shall make available for issuance, for a fee determined by the department to be sufficient to reimburse the department for the actual costs incurred pursuant to this section, distinctive decals, labels, and other identifiers that clearly distinguish the following vehicles from other vehicles: -(1) A vehicle that meets California’s super ultra-low emission vehicle (SULEV) standard for exhaust emissions and the federal inherently low-emission vehicle (ILEV) evaporative emission standard, as defined in Part 88 (commencing with Section 88.101-94) of Title 40 of the Code of Federal Regulations. -(2) A vehicle that was produced during the 2004 model-year or earlier and meets California’s ultra-low emission vehicle (ULEV) standard for exhaust emissions and the federal ILEV standard. -(3) A vehicle that meets California’s enhanced advanced technology partial zero-emission vehicle (enhanced AT PZEV) standard or transitional zero-emission vehicle (TZEV) standard. -(b) The department shall include a summary of the provisions of this section on each motor vehicle registration renewal notice, or on a separate insert, if space is available and the summary can be included without incurring additional printing or postage costs. -(c) The Department of Transportation shall remove individual HOV lanes, or portions of those lanes, during periods of peak congestion from the access provisions provided in subdivision (a), following a finding by the Department of Transportation as follows: -(1) The lane, or portion thereof, exceeds a level of service C, as discussed in subdivision (b) of Section 65089 of the Government Code. -(2) The operation or projected operation of the vehicles described in subdivision (a) in these lanes, or portions thereof, will significantly increase congestion. -(3) The finding shall also demonstrate the infeasibility of alleviating the congestion by other means, including, but not limited to, reducing the use of the lane by noneligible vehicles or further increasing vehicle occupancy. -(d) The State Air Resources Board shall publish and maintain a listing of all vehicles eligible for participation in the programs described in this section. The board shall provide that listing to the department. -(e) (1) For purposes of subdivision (a), the Department of the California Highway Patrol and the department, in consultation with the Department of Transportation, shall design and specify the placement of the decal, label, or other identifier on the vehicle. Each decal, label, or other identifier issued for a vehicle shall display a unique number, which number shall be printed on, or affixed to, the vehicle registration. -(2) Decals, labels, or other identifiers designed pursuant to this subdivision for a vehicle described in paragraph (3) of subdivision (a) shall be distinguishable from the decals, labels, or other identifiers that are designed for vehicles described in paragraphs (1) and (2) of subdivision (a). -(f) (1) Except as provided in paragraph (2), for purposes of paragraph (3) of subdivision (a), the department shall issue no more than -_____ -85,000 -distinctive decals, labels, or other identifiers that clearly distinguish a vehicle specified in paragraph (3) of subdivision (a). -(2) The department may issue a decal, label, or other identifier for a vehicle that satisfies all of the following conditions: -(A) The vehicle is of a type identified in paragraph (3) of subdivision (a). -(B) The owner of the vehicle is the owner of a vehicle for which a decal, label, or other identifier described in paragraph (1) was previously issued and that vehicle for which the decal, label, or other identifier was previously issued is determined by the department, on the basis of satisfactory proof submitted by the owner to the department, to be a nonrepairable vehicle or a total loss salvage vehicle. -(C) The owner of the vehicle applied for a decal, label, or other identifier pursuant to this paragraph within six months of the date on which the vehicle for which a decal, label, or other identifier was previously issued is declared to be a nonrepairable vehicle or a total loss salvage vehicle. -(g) If the Metropolitan Transportation Commission, serving as the Bay Area Toll Authority, grants toll-free and reduced-rate passage on toll bridges under its jurisdiction to a vehicle pursuant to Section 30102.5 of the Streets and Highways Code, it shall also grant the same toll-free and reduced-rate passage to a vehicle displaying an identifier issued by the department pursuant to paragraph (1) or (2) of subdivision (a). -(h) (1) Notwithstanding Section 21655.9, and except as provided in paragraph (2), a vehicle described in subdivision (a) that displays a decal, label, or identifier issued pursuant to this section shall be granted a toll-free or reduced-rate passage in high-occupancy toll lanes as described in Section 149.7 of the Streets and Highways Code unless prohibited by federal law. -(2) (A) Paragraph (1) does not apply to the imposition of a toll imposed for passage on a toll road or toll highway, that is not a high-occupancy toll lane as described in Section 149.7 of the Streets and Highways Code. -(B) On or before March 1, 2014, paragraph (1) does not apply to the imposition of a toll imposed for passage in lanes designated for tolls pursuant to the federally supported value pricing and transit development demonstration program operated pursuant to Section 149.9 of the Streets and Highways Code for State Highway Route 10 or 110. -(C) Paragraph (1) does not apply to the imposition of a toll charged for crossing a state-owned bridge. -(i) If the Director of Transportation determines that federal law does not authorize the state to allow vehicles that are identified by distinctive decals, labels, or other identifiers on vehicles described in subdivision (a) to use highway lanes or highway access ramps for high-occupancy vehicles regardless of vehicle occupancy, the Director of Transportation shall submit a notice of that determination to the Secretary of State. -(j) This section shall become inoperative on January 1, 2019, or the date the federal authorization pursuant to Section 166 of Title 23 of the United States Code expires, or the date the Secretary of State receives the notice described in subdivision (i), whichever occurs first, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 2. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to ensure, at the earliest possible time, that new owners of certain qualifying clean alternative fuel vehicles will be eligible for participation in the program, and to provide long-term incentives for consumers of clean alternative fuel vehicles, it is necessary that this act take effect immediately.","Existing federal law, until September 30, 2017, authorizes a state to allow specified labeled vehicles to use lanes designated for high-occupancy vehicles (HOVs). -Existing law authorizes the Department of Transportation to designate certain lanes for the exclusive use of HOVs. Under existing law, until January 1, 2019, or until federal authorization expires, or until the Secretary of State receives a specified notice, those lanes may be used by certain vehicles not carrying the requisite number of passengers otherwise required for the use of an HOV lane, if the vehicle displays a valid identifier issued by the Department of Motor Vehicles (DMV). -Until January 1, 2015, existing law authorizes the DMV to issue no more than 55,000 of those identifiers. On and after January 1, 2015, existing -Existing -law authorizes the DMV to issue no more than 70,000 of those identifiers. -This bill would increase the number of those identifiers that the DMV is authorized to issue to -an unspecified amount. -85,000. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 5205.5 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately." -13,"The people of the State of California do enact as follows: - - -SECTION 1. -This act is known, and may be cited as, The 2024 Olympic Games and Paralympic Games Act. -SEC. 2. -For purposes of this act: -(a) “Applicant committee agreement” means agreements to be entered into between the Organizing Committee for the Olympic Games (OCOG) and the United States Olympic Committee (USOC) if, and upon, the USOC’s selection of the City of Los Angeles or the City and County of San Francisco as the official United States candidate city. -(b) “Bid committee agreement” means agreements entered into between the OCOG and the USOC governing the OCOG and the bid process. -(c) “Endorsing municipality” means the City of Los Angeles or the City and County of San Francisco which has authorized a bid by a OCOG for selection of the municipality as the site of the Olympic Games and Paralympic Games. -(d) “Games” means the 2024 Olympic Games. -(e) “Games support contract” means a joinder undertaking, a joinder agreement, or a similar contract executed by the Governor and containing terms permitted or required by this act. -(f) “Joinder agreement” means an agreement entered into by: -(1) The Governor, on behalf of this state, and a site selection organization setting out representations and assurances by the state in connection with the selection of a site in this state for the location of the games. -(2) The endorsing municipality and a site selection organization setting out representations and assurances by the endorsing municipality in connection with the selection of a site in this state for the location of the games. -(g) “Joinder undertaking” means an agreement entered into by: -(1) The Governor, on behalf of this state, and a site selection organization that the state will execute a joinder agreement in the event that the site selection organization selects a site in this state for the games. -(2) The endorsing municipality and a site selection organization that the endorsing municipality will execute a joinder agreement in the event that the site selection organization selects a site in this state for the games. -(h) “OCOG” means a nonprofit corporation, or its successor in interest, that: -(1) Has been authorized by the endorsing municipality to pursue an application and bid on the applicant’s behalf to a site selection organization for selection as the site for the games. -(2) With the authorization of the endorsing municipality, has executed the bid committee agreement with a site selection organization regarding a bid to host the games. -(i) “Site selection organization” means the United States Olympic Committee, the International Olympic Committee, the International Paralympic Committee, all three or some combination, as applicable. -SEC. 3. -The Legislature finds and declares all of the following: -(a) The purpose of this act is to provide assurances required by a site selection organization sponsoring the games. -(b) Hosting the games in California is expected to generate billions of dollars for the state’s economy. The endorsing municipality has developed a self-sufficient bid for financing games that is based on realistic and conservative revenue scenarios and has budgeted sufficient funds to reimburse security and other service costs provided by local regional governments during the games. -(c) The endorsing municipality plans to host an environmentally responsible games; has committed to sports and recreational opportunities for young people throughout each area by planning to generate a legacy for youth programs and other sports purposes in California with excess revenues from the games; and plans to develop and implement a unique and broad-based, statewide cultural program. -(d) The endorsing municipality has involved athletes, sports professionals, environmentalists, business and financial experts, nonprofit organizations, youth service leaders, and individuals who represent the entire diversity of area in its bid and board of directors. -(e) The USOC requires that all bid states, bid cities, and bid committees execute certain agreements including the joinder undertaking, which joinder undertaking must be executed on or before ____. -(f) The endorsing municipality expects that if it is chosen as the host city, and once the games have concluded, there will be net revenue exceeding expenses that can be devoted to legacy programs for youth and citizens of California. -SEC. 4. -(a) The Governor may agree, in accordance with law and subject to Sections 5 and 6 of this act, in a joinder undertaking entered into with a site selection organization that: -(1) The Governor shall execute a joinder agreement if the site selection organization selects a site in this state for the games. -(2) The state shall refrain, during the period, or any portion thereof, between the execution of the joinder undertaking and award by the International Olympic Committee (IOC) of the games to a host city, from becoming a party to or approving or consenting to any act, contract, commitment, or other action contrary to, or which might affect, any of the obligations stipulated in the joinder agreement. -(3) The Governor may agree that any dispute in connection with the joinder undertaking arising during the period between the execution of the joinder undertaking and the IOC’s award of the games to a host city shall be definitively settled as provided in the bid committee agreement. -(b) The Governor may agree in a joinder agreement that the state shall, in accordance with law and subject to Sections 5 and 6 of this act, do the following: -(1) Provide or cause to be provided any or all of the state government funding, facilities, and other resources specified in the OCOG’s bid to host the games. -(2) The state will be liable, solely by means of the funding mechanism established by Sections 5 and 6 of this act, for: -(A) Obligations of the OCOG to a site selection organization, including obligations indemnifying the site selection organization against claims of and liabilities to third parties arising out of or relating to the games. -(B) Any financial deficit relating to the OCOG or the games. -(3) The state’s liability shall not exceed the amount of funds appropriated to the Olympic Games Trust Fund established in Section 5 of this act. Any liability above this amount shall be the responsibility of the OCOG. -(4) Acknowledge that the OCOG will be bound by a series of agreements with the site selection organization as set forth in the joinder agreement. -(C) The Governor shall execute a joinder undertaking and a joinder agreement, provided the parties conform with this act. -(D) A games support contract may contain any additional provisions the Governor requires in order to carry out the purposes of this act. -SEC. 5. -(a) There is hereby established in the State Treasury a special fund to be known as the “Olympic Games Trust Fund.” -(b) The state may choose to fund the Olympic Games Trust Fund in any manner it considers appropriate, and at the time or times the state determines necessary. It is the intent of the Legislature that the funding mechanism for the fund shall be determined on or about the time of the selection of the endorsing municipality as the host city by the International Olympic and Paralympic Committees. -(c) The funds in the trust fund may be used only for the sole purpose of fulfilling the obligations of the state under a games support contract to provide adequate security as described in Section 6. -(d) No additional state funds shall be deposited into the Olympic Games Trust Fund once the Director of Finance determines that the account has achieved, or is reasonably expected to otherwise accrue, a sufficient balance to provide adequate security, acceptable to the site selection organization, to demonstrate the state’s ability to fulfill its obligations under a games support contract, or any other agreement, to indemnify and insure up to two hundred fifty million dollars ($250,000,000) of any net financial deficit and general liability resulting from the conduct of the games. -(e) If the endorsing municipality is selected by the site selection organization as the host city for the games, the Olympic Games Trust Fund shall be maintained until a determination by the Department of Finance is made that the state’s obligations under a games support contract, or any other agreement, to indemnify and insure against any net financial deficit and general liability resulting from the conduct of the games are satisfied and concluded, at which time the trust fund shall be terminated. If the endorsing municipality in the State of California is not selected by the United States Olympic Committee as the United States candidate city to host the games, or if the endorsing municipality is not selected by the IOC as the host city for the games, the Olympic Games Trust Fund shall be immediately terminated. -(f) Upon the termination of the Olympic Games Trust Fund, all sums earmarked, transferred, or contained in the fund, along with any investment earnings retained in the fund, shall immediately revert to the General Fund. -SEC. 6. -(a) Any moneys deposited, transferred, or otherwise contained in the Olympic Games Trust Fund established in Section 5 shall be, upon appropriation by the Legislature, used for the sole purpose of obtaining adequate security, acceptable to the United States Olympic Committee and the International Olympic and Paralympic Committees, to demonstrate the state’s ability to fulfill its obligations under a games support contract to indemnify and insure up to two hundred fifty million dollars ($250,000,000) of any general liability and net financial deficit resulting from the conduct of the games. The security may be provided by moneys contained in the trust fund as provided in Section 5 of this act, or by insurance coverage, letters of credit, or other acceptable secured instruments purchased or secured by the moneys, or by any combination thereof. In no event may the liability of the state under all games support contracts, any other agreements related to the conduct of the games, and all financial obligations of the state otherwise arising under this act, exceed two hundred fifty million dollars ($250,000,000) in the aggregate. -(b) Obligations authorized by this act shall be payable solely from the Olympic Games Trust Fund. Neither the full faith and credit nor the taxing power of the state are or may be pledged for any payment under any obligation authorized by this act. -SEC. 7. -The state shall be the payer of last resort with regard to any net financial deficit as defined in this act. The security provided pursuant to this act may not be accessed to cover any general liability and net financial deficit indemnified by the state under the games support contract until: -(a) The security provided by the OCOG is fully expended and exhausted. -(b) Any security provided by any other person or entity is fully expended and exhausted. -(c) The limits of available insurance policies covering any general liability obligation and the net financial deficit, or any expense or liability used in determining the net financial deficit, have been fully expended and exhausted. -(d) Payment has been sought by the OCOG from all third parties owing moneys or otherwise liable to the OCOG. -SEC. 8. -The OCOG shall list the state as an additional insured on any policy of insurance purchased by the OCOG to be in effect in connection with the preparation for and conduct of the games. -SEC. 9. -The OCOG may not engage in any conduct that reflects unfavorably upon this state, the endorsing municipality, or the games, or that is contrary to law or to the rules and regulations of the United States Olympic Committee and the International Olympic and Paralympic Committees. -SEC. 10. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to meet deadlines for the bid process for the 2024 Olympic Games, it is necessary that this act go into immediate effect.","Existing law provides specified requirements in awarding certain public contracts. -This bill would authorize the Governor to sign agreements required by the United States Olympic Committee as part of the bid process for the City of Los Angeles or the City and County of San Francisco to become the United States applicant city and candidate city for the 2024 Olympic Games and Paralympic Games. -This bill would make legislative findings and declarations that, among other things, the endorsing municipality, as defined, has developed a self-sufficient bid for financing the games. This bill would authorize the Governor to enter into an agreement for the state to be jointly liable, not to exceed a specified amount, with the Organizing Committee for the Olympic Games (OCOG), as specified, for obligations of the OCOG, and for any financial deficit relating to the games, as provided. -This bill would declare that it is to take effect immediately as an urgency statute.","An act relating to public contracts, and declaring the urgency thereof, to take effect immediately." -14,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 2.6 (commencing with Section 66010.96) is added to Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, to read: -Article 2.6. Office of Higher Education Performance and Accountability -66010.96. -(a) The Office of Higher Education Performance and Accountability is hereby established as the statewide postsecondary education coordination and planning entity. The office shall be established in state government within the Governor’s office, and shall be under the direct control of an executive director. -(b) The Governor shall appoint the Executive Director of the Office of Higher Education Performance and Accountability, who shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the office, including contracting for professional or consulting services in connection with the work of the office. The appointment of the executive director shall be subject to confirmation by the affirmative vote of a majority of the membership of the Senate. The executive director shall appoint persons to any staff positions the Governor may authorize. -(c) The Governor may appoint the executive director at a salary that shall be fixed pursuant to Section 12001 of the Government Code. -(d) (1) An advisory board is hereby established for the purpose of examining and making recommendations to the office regarding the functions and operations of the office and reviewing and commenting on any recommendations made by the office to the Governor and the Legislature. -(2) The advisory board shall consist of the Chair of the Senate Committee on Education and the Chair of the Assembly Committee on Higher Education, who shall serve as ex officio members, and six public members with experience in postsecondary education, appointed to terms of four years as follows: -(A) Three members of the advisory board shall be appointed by the Senate Committee on Rules. -(B) Three members of the advisory board shall be appointed by the Speaker of the Assembly. -(3) The office shall actively seek input from, and consult with, the advisory board regarding its functions, operations and recommendations, and provide the advisory board with sufficient time to review and comment. -(4) Advisory board meetings shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). Advisory board materials shall be posted on the Internet. -(5) The advisory board shall meet at least quarterly, and shall appoint one of its members to represent the board for purposes of communicating with the Legislature. -(6) The advisory board shall be responsible for developing an independent annual report on the condition of higher education in California. -(7) The advisory board shall be responsible for issuing an annual review of the performance of the Executive Director of the Office of Higher Education Performance and Accountability. -(8) Members of the advisory board shall serve without compensation, but shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties as board members. -(e) The office shall consult with the higher education segments and stakeholders, as appropriate, in the conduct of its duties and responsibilities. For purposes of this subsection, higher education segments shall have the same meaning as in Section 66010.95, and higher education stakeholders shall include, but not necessarily be limited to, postsecondary faculty and students, K–12 representatives, and representatives of the business community. -66010.962. -The Office of Higher Education Performance and Accountability shall exist for the purpose of advising the Governor, the Legislature, and other appropriate governmental officials and institutions of postsecondary education. The office shall have the following functions and responsibilities in its capacity as the statewide postsecondary education planning and coordinating agency and advisor to the Legislature and the Governor: -(a) It shall, through its use of information and its analytic capacity, inform the identification and periodic revision of state goals and priorities for higher education in a manner that is consistent with the goals outlined in Section 66010.91 and takes into consideration the metrics outlined in Sections 89295 and 92675. It shall, biennially, interpret and evaluate both statewide and institutional performance in relation to these goals and priorities. -(b) It shall review and make recommendations, as necessary, regarding cross-segmental and interagency initiatives and programs in areas that may include, but are not necessarily limited to, efficiencies in instructional delivery, financial aid, transfer, and workforce coordination. -(c) It shall advise the Legislature and the Governor regarding the need for, and the location of, new institutions and campuses of public higher education. -(d) It shall review proposals by the public segments for new programs, the priorities that guide the public segments, and the degree of coordination between those segments and nearby public, independent, and private postsecondary educational institutions, and shall make recommendations regarding those proposals to the Legislature and the Governor. -(e) (1) It shall act as a clearinghouse for postsecondary education information and as a primary source of information for the Legislature, the Governor, and other agencies. It shall develop and maintain a comprehensive database that does all of the following: -(A) Ensures comparability of data from diverse sources. -(B) Supports longitudinal studies of individual students as they progress through the state’s postsecondary educational institutions through the use of a unique student identifier. -(C) Maintains compatibility with California School Information Services and the student information systems developed and maintained by the public segments of higher education, as appropriate. -(D) Provides Internet access to data, as appropriate, to the sectors of higher education. -(E) Provides each of the educational segments access to the data made available to the commission for purposes of the database, in order to support, most efficiently and effectively, statewide, segmental, and individual campus educational research information needs. -(2) The office, in implementing paragraph (1), shall comply with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) as it relates to the disclosure of personally identifiable information concerning students. -(3) The office may not make available any personally identifiable information received from a postsecondary educational institution concerning students for any regulatory purpose unless the institution has authorized the office to provide that information on behalf of the institution. -(4) The office shall, following consultation with, and receipt of a recommendation from, the advisory board, provide 30-day notification to the chairpersons of the appropriate policy and budget committees of the Legislature, to the Director of Finance, and to the Governor before making any significant changes to the student information contained in the database. -(f) It shall review all proposals for changes in eligibility pools for admission to public institutions and segments of postsecondary education, and shall make recommendations regarding those proposals to the Legislature, the Governor, and institutions of postsecondary education. In carrying out this subdivision, the office periodically shall conduct a study of the percentages of California public high school graduates estimated to be eligible for admission to the University of California and the California State University. -(g) It shall submit reports to the Legislature in compliance with Section 9795 of the Government Code. -(h) It shall manage data systems and maintain programmatic, policy, and fiscal expertise to receive and aggregate information reported by the institutions of higher education in this state. -66010.964. -Notwithstanding any other law, the office is authorized to require the governing boards and the institutions of public postsecondary education to submit data to the office on plans and programs, costs, selection and retention of students, enrollments, plant capacities, and other matters pertinent to effective planning, policy development, and articulation and coordination. The office shall furnish information concerning these matters to the Governor and to the Legislature as requested by them. -66010.967. -(a) On or before December 31 of each year, the office shall report to the Legislature and the Governor regarding its progress in achieving the objectives and responsibilities set forth in subdivision (a) of Section 66010.962. -(b) On or before January 1, 2020, the Legislative Analyst’s Office shall review and report to the Legislature regarding the performance of the office in fulfilling its functions and responsibilities as outlined in Section 66010.962. -(c) This article shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 public segments of postsecondary education in this state. -Existing law states the intent of the Legislature that budget and policy decisions regarding postsecondary education generally adhere to 3 specified goals and that appropriate metrics be identified, defined, and formally adopted, based upon metrics recommended by a working group, to monitor progress toward the achievement of the goals. -Existing law establishes the California Postsecondary Education Commission (CPEC) as the statewide postsecondary education coordinating and planning agency, and provides for its functions and responsibilities. Existing law also provides for the composition of CPEC’s membership. The annual state Budget Acts from the 2011–12 fiscal year to the 2015–16 fiscal year, inclusive, have provided no funding for CPEC. -This bill would establish the Office of Higher Education Performance and Accountability as the statewide postsecondary education coordination and planning entity. The bill would provide for the appointment by the Governor, subject to confirmation by a majority of the membership of the Senate, of an executive director of the office. The bill would establish an 8-member advisory board for the purpose of examining, and making recommendations to, the office regarding the functions and operations of the office and reviewing and commenting on any recommendations made by the office to the Governor and the Legislature, among other specified duties. -The bill would specify the functions and responsibilities of the office, which would include, among other things, participation, as specified, in the identification and periodic revision of state goals and priorities for higher education, reviewing and making recommendations regarding cross-segmental and interagency initiatives and programs, advising the Legislature and the Governor regarding the need for, and the location of, new institutions and campuses of public higher education, acting as a clearinghouse for postsecondary education information and as a primary source of information for the Legislature, the Governor, and other agencies, and reviewing all proposals for changes in eligibility pools for admission to public institutions and segments of postsecondary education. -The bill would authorize the office to require the governing boards and institutions of public postsecondary education to submit data to the office on plans and programs, costs, selection and retention of students, enrollments, plant capacities, and other matters pertinent to effective planning, policy development, and articulation and coordination. To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program. -The bill would require the office to report to the Legislature and the Governor on or before December 31 of each year regarding its progress in achieving specified objectives and responsibilities. -The bill would repeal these provisions on January 1, 2021. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add and repeal Article 2.6 (commencing with Section 66010.96) of Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, relating to postsecondary education." -15,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 89003 is added to the Government Code, to read: -89003. -(a) A mass mailing shall not be sent within the 90 days preceding an election by or on behalf of a candidate whose name will appear on the ballot at that election for a city, county, or special district elective office. -(b) For purposes of this section, “mass mailing” means a mass mailing, as defined by Section 82041.5, that meets the criteria of subdivision (a) of Section 18901 of Title 2 of the California Code of Regulations and, pursuant to subdivision (b) of Section 18901 of Title 2 of the California Code of Regulations, is not prohibited by Section 89001. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 3. -The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. -SECTION 1. -Section 14000 of the -Unemployment Insurance Code -is amended to read: -14000. -(a)The Legislature finds and declares that, in order for California to remain prosperous and globally competitive, it needs to have a well-educated and highly skilled workforce. -(b)The Legislature finds and declares that the following principles shall guide the state’s workforce investment system: -(1)Workforce investment programs and services shall be responsive to the needs of employers, workers, and students by accomplishing the following: -(A)Preparing California’s students and workers with the skills necessary to successfully compete in the global economy. -(B)Producing greater numbers of individuals who obtain industry-recognized certificates and degrees in competitive and emerging industry sectors and filling critical labor market skills gaps. -(C)Adapting to rapidly changing local and regional labor markets as specific workforce skill requirements change over time. -(D)Preparing workers for good-paying jobs that foster economic security and upward mobility. -(2)State and local workforce investment boards are encouraged to collaborate with other public and private institutions, including businesses, unions, nonprofit organizations, kindergarten and grades 1 to 12, inclusive, career technical education programs, adult career technical education and basic skills programs, community college career technical education and basic skills programs, entrepreneurship training programs, where appropriate, the California Community Colleges Economic and Workforce Development Program, and the Employment Training Panel, to better align resources across workforce education and training service delivery systems and build a well-articulated workforce investment system by accomplishing the following: -(A)Adopting local and regional training and education strategies that build on the strengths and fill the gaps in the education and workforce development pipeline in order to address the needs of job seekers, workers, and employers within regional labor markets by supporting sector strategies and career pathways. -(B)Building partnerships, aligning strategies, and leveraging resources across education, social services, and workforce training delivery systems to build a career pipeline and fill critical skills gaps. -(3)Workforce investment programs and services shall be data driven and evidence based when setting priorities, investing resources, and adopting practices. -(4)Workforce investment programs and services shall develop strong partnerships with the private sector, ensuring industry involvement in needs assessment, planning, and program evaluation. -(A)Workforce investment programs and services shall encourage industry involvement by developing strong partnerships with an industry’s employers and the unions that represent the industry’s workers. -(B)Workforce investment programs and services may consider the needs of employers and businesses of all sizes, including large, medium, small, and microenterprises, when setting priorities, investing resources, and adopting practices. -(5)Workforce investment programs and services shall be outcome oriented and accountable, measuring results for program participants, including, but not limited to, outcomes related to program completion, employment, and earnings. -(6)Programs and services shall be accessible to employers, the self-employed, workers, and students who may benefit from their operation, including individuals with employment barriers, such as persons with economic, physical, or other barriers to employment. -SEC. 2. -Section 14005 of the -Unemployment Insurance Code -is amended to read: -14005. -For purposes of this division: -(a)“Board” means the California Workforce Investment Board. -(b)“Agency” means the Labor and Workforce Development Agency. -(c)“Career pathways,” “career ladders,” or “career lattices” mean an identified series of positions, work experiences, or educational benchmarks or credentials with multiple access points that offer occupational and financial advancement within a specified career field or related fields over time. -(d)“Cluster-based sector strategies” means methods of focusing workforce and economic development on those sectors that have demonstrated a capacity for economic growth and job creation in a particular geographic area. -(e)“Data driven” means a process of making decisions about investments and policies based on systematic analysis of data, which may include data pertaining to labor markets. -(f)“Economic security” means, with respect to a worker, earning a wage sufficient to support a family adequately, and, over time, to save for emergency expenses and adequate retirement income, based on factors such as household size, the cost of living in the worker’s community, and other factors that may vary by region. -(g)“Evidence-based” means making use of policy research as a basis for determining best policy practices. Evidence-based policymakers adopt policies that research has shown to produce positive outcomes, in a variety of settings, for a variety of populations over time. Successful, evidence-based programs deliver quantifiable and sustainable results. Evidence-based practices differ from approaches that are based on tradition, belief, convention, or anecdotal evidence. -(h)“High-priority occupations” mean occupations that have a significant presence in a targeted industry sector or industry cluster, are in demand by employers, and pay or lead to payment of a wage that provides economic security. -(i)“Individual with employment barriers” means an individual with any characteristic that substantially limits an individual’s ability to obtain employment, including indicators of poor work history, lack of work experience, or access to employment in nontraditional occupations, long-term unemployment, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, or welfare dependency. -(j)“Industry cluster” means a geographic concentration or emerging concentration of interdependent industries with direct service, supplier, and research relationships, or independent industries that share common resources in a given regional economy or labor market. An industry cluster is a group of employers closely linked by common product or services, workforce needs, similar technologies, and supply chains in a given regional economy or labor market. -(k)(1)“Industry or sector partnership” means a workforce collaborative that organizes key stakeholders in a targeted industry cluster into a working group that focuses on the workforce needs of the targeted industry cluster. An industry or sector partnership organizes the stakeholders connected with a specific local or regional industry—multiple firms, labor groups, education and training providers, and workforce and education systems—to develop workforce development strategies within the industry. Successful sector partnerships leverage partner resources to address both short-term and long-term human capital needs of a particular sector, including by analyzing current labor markets and identifying barriers to employment within the industry, developing cross-firm skill standards, curricula, and training programs, and developing occupational career ladders to ensure workers of all skill levels can advance within the industry. -(2)Industry or sector partnerships include, at the appropriate stage of development of the partnership, all of the following: -(A)Representatives of multiple firms or employers in the targeted industry cluster, including small-sized and medium-sized employers when practicable. -(B)One or more representatives of state labor organizations, central labor coalitions, or other labor organizations, except in instances where no labor representations exists. -(C)One or more representatives of local workforce investment boards. -(D)One or more representatives of kindergarten and grades 1 to 12, inclusive, and postsecondary educational institutions or other training providers, including, but not limited to, career technical educators. -(E)One or more representatives of state workforce agencies or other entities providing employment services. -(3)An industry or sector partnership may also include representatives from the following: -(A)State or local government. -(B)State or local economic development agencies. -(C)Other state or local agencies. -(D)Chambers of commerce. -(E)Nonprofit organizations. -(F)Philanthropic organizations. -(G)Economic development organizations. -(H)Industry associations. -(I)Other organizations, as determined necessary by the members comprising the industry or sector partnership. -(l)“Industry sector” means those firms that produce similar products or provide similar services using somewhat similar business processes, and are closely linked by workforce needs, within a regional labor market. -(m)“Local labor federation” means a central labor council that is an organization of local unions affiliated with the California Labor Federation or a local building and construction trades council affiliated with the State Building and Construction Trades Council. -(n)“Sector strategies” means methods of prioritizing investments in competitive and emerging industry sectors and industry clusters on the basis of labor market and other economic data indicating strategic growth potential, especially with regard to jobs and income, and exhibit the following characteristics: -(1)Focus workforce investment in education and workforce training programs that are likely to lead to jobs providing economic security or to an entry-level job with a well-articulated career pathway into a job providing economic security. -(2)Effectively boost labor productivity or reduce business barriers to growth and expansion stemming from workforce supply problems, including skills gaps and occupational shortages by directing resources and making investments to plug skills gaps and provide education and training programs for high-priority occupations. -(3)May be implemented using articulated career pathways or lattices and a system of stackable credentials. -(4)May target underserved communities, disconnected youths, incumbent workers, and recently separated military veterans. -(5)Frequently are implemented using industry or sector partnerships. -(6)Typically are implemented at the regional level where sector firms, those employers described in subdivisions (j) and (l), often share a common labor market and supply chains. However, sector strategies may also be implemented at the state or local level depending on sector needs and labor market conditions. -(o)“Workforce Investment Act of 1998” means the federal act enacted as Public Law 105-220. -(p)“Labor market area” means an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can readily change employment without changing their place of residence. Labor market areas shall be identified in accordance with criteria used by the Bureau of Labor Statistics of the Department of Labor or similar criteria established by the Governor. -(q)“Recognized postsecondary credential” means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by a state involved or the federal government, or an associate or baccalaureate degree. -(r)“Core program” means a program authorized under a core program provision of the federal Workforce Innovation and Opportunity Act (Public Law 113-128). -(s)“Core program provision” means any of the following: -(1)Subparts 2 and 3 of Part B of Subchapter I of Chapter 32 of Title 29 of the United States Code. -(2)Subchapter II of Chapter 32 of Title 29 of the United States Code. -(3)Sections 1 to 13, inclusive, of the federal Wagner-Peyser Act (29 U.S.C. Sec. 49 et seq.). -(4)Title I of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 720 et seq.), excluding Section 112 (29 U.S.C. 732) and Part C (29 U.S.C. Sec. 741). -SEC. 3. -Section 14010 of the -Unemployment Insurance Code -is amended to read: -14010. -The California Workforce Investment Board is the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce system and the alignment of the education and workforce systems to the needs of the 21st century economy and workforce. The board shall aid the Governor in facilitating system alignment across the core programs of the federal Workforce Innovation and Opportunity Act (Public Law 113-128) as well as other educational, social service, rehabilitation, and economic development agencies the Governor chooses to bring together in partnership. -SEC. 4. -Article 4 (commencing with Section 14240) is added to Chapter 4 of Division 7 of the -Unemployment Insurance Code -, to read: -4. -Regional Planning -14240. -The state shall, in conformity with the federal Workforce Innovation and Opportunity Act (Public Law 113-128), after consultation with local boards and chief elected officials, and pursuant to a process consistent with the considerations described in Section 3121(b)(1)(B) of Title 29 of the United States Code, identify all of the following: -(a)The regions comprised of one local area aligned with the region. -(b)The regions comprised of two or more local areas collectively aligned with the region. These regions shall be referred to as planning regions, consistent with Section 3102 of Title 29 of the United States Code. -(c)The regions identified pursuant to subdivision (b) that are interstate areas contained within two or more states and consist of labor market areas, economic development areas, or other appropriate contiguous subareas of those states. -14241. -(a)The local boards and chief elected officials in each planning region described in subdivision (b) or (c) of Section 14240 shall engage in a regional planning process that results in all of the following: -(1)The preparation of a regional plan, as described in subdivision (b). -(2)The establishment of regional service strategies, including the use of cooperative service delivery agreements. -(3)The development and implementation of sector initiatives for in-demand industry sectors or occupations for the region. -(4)The collection and analysis of regional labor market data, in conjunction with the state. -(5)The establishment of administrative cost arrangements, including the pooling of funds for administrative costs, as appropriate, for the region. -(6)The coordination of transportation and other supportive services, as appropriate, for the region. -(7)The coordination of services with regional economic development services and providers. -(8)The establishment of an agreement concerning how the planning region will collectively negotiate and reach agreement with the Governor on local levels of performance for, and report on, the performance accountability measures described in Section 3141(c) of Title 29 of the United States Code for local areas or the planning region. -(b)The state, after consultation with local boards and chief elected officials for the planning regions, shall require the local boards and chief elected officials within a planning region to prepare, submit, and obtain approval of a single regional plan that includes a description of the activities described in subdivision (a) and incorporates local plans for each of the local areas in the planning region. The state shall provide technical assistance and labor market data, as requested by local areas, to assist with the regional planning and subsequent service delivery efforts. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.","The Political Reform Act of 1974 prohibits mass mailings from being sent at public expense. The act defines “mass mailing” as over 200 substantially similar pieces of mail, not including form letters or other mail, that are sent in response to an unsolicited request, letter, or other inquiry. Existing regulations of the Fair Political Practices Commission add further definitional criteria for mass mailings and specify certain exceptions to the act’s prohibition against mass mailings. -This bill would prohibit a mass mailing that complies with the Commission’s regulatory criteria from being sent within the 90 days preceding an election by or on behalf of a candidate whose name will appear on the ballot for a city, county, or special district elective office. -A willful violation of the act’s provisions is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandate local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a -2/3 -vote of each house and compliance with specified procedural requirements. -This bill would declare that it furthers the purposes of the act. -The federal Workforce Investment Act of 1998 (WIA) authorizes workforce investment activities, including activities in which states may participate. The federal Workforce Innovation and Opportunity Act (WIOA), beginning July 1, 2015, repeals and supersedes the WIA and, among other things, requires a state, in order to receive specified allotments of federal funds and before the second full program year after July 22, 2014, to identify planning regions and require local boards and chief elected officials to prepare regional plans for those planning regions, as specified. -The California Workforce Investment Act requires the California Workforce Investment Board to develop and update a state workforce investment plan, as specified. Existing law requires each local board to develop and submit to the Governor a comprehensive 5-year local plan in partnership with the appropriate chief local elected officials that is consistent with the state workforce investment plan. -This bill would require the state, in conformity with WIOA and after consultation with local boards and chief elected officials, to identify planning regions. The bill would require local boards and chief elected officials to prepare regional plans for those planning regions, as specified. By imposing this requirement on local government, the bill would impose a state-mandated local program. The bill would also require the board to aid the Governor in facilitating system alignment across the core programs of WIOA, as defined, and make related and conforming changes. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 14000, 14005, and 14010 of, and to add Article 4 (commencing with Section 14240) to Chapter 4 of Division 7 of, the Unemployment Insurance Code, relating to workforce development. -An act to add Section 89003 to the Government Code, relating to the Political Reform Act of 1974 -." -16,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 3 (commencing with Section 115810) is added to Chapter 4 of Part 10 of Division 104 of the Health and Safety Code, to read: -Article 3. The Consideration of Alternatives for Artificial Turf Infill Act of 2016 -115810. -The Legislature finds and declares all of the following: -(a) Thousands of schools, parks, and local governments have installed artificial turf fields throughout the state. It has allowed them to use fields year round, save water, and save money, among other benefits. -(b) Not all artificial turf fields are made from the same materials. While most artificial turf fields use less expensive crumb rubber infill from groundup used car and truck tires, many companies now offer artificial turf infill alternatives made from coconut fibers, rice husks, cork, sand, or virgin crumb rubber. Organic alternative infills can help reduce synthetic turf field temperatures on hot days by as much as 30 degrees compared to crumb rubber infill from used tires. -(c) The average artificial turf field uses approximately 20,000 groundup used tires to make crumb rubber infill. Tires contain many chemicals including, but not limited to: 4-t-octylphenol, acetone, arsenic, barium, benzene, benzothiazole, butylated hydroxyanisole, cadmium, carbon black, chloroethane, chromium, latex, lead, manganese, mercury, methyl ethyl ketone, methyl isobutyl ketone, n-hexadecane, naphthalene, nickel, nylon, phenol, phthalates, polycyclic aromatic hydrocarbons, and zinc. -(d) In 2008, then Attorney General Jerry Brown sued the nation’s largest makers and installers of artificial turf fields for excessive lead levels after testing by the Center for Environmental Health found high concentrations of lead in their products. -(e) In 2009, the Los Angeles Unified School District banned turf fields containing infill from waste tire crumb rubber and instead chose alternative infills for their artificial turf fields. -(f) In 2010, then Attorney General Jerry Brown settled the case with the nation’s largest makers and installers of artificial turf fields requiring them to reformulate their products to reduce lead levels and established the nation’s first enforceable standards applicable to lead in artificial turf. -(g) The Office of Environmental Health Hazard Assessment’s 2010 study on used tire crumb rubber in artificial turf fields reviewed chemical concentrations in the air above the fields and found that eight chemicals appear on the California Proposition 65 list of chemicals known to the state to cause cancer. Exposure via inhalation to five of these chemicals (benzene, formaldehyde, naphthalene, nitromethane, and styrene) gave increased lifetime cancer risks that exceeded one in one million. According to the study, the highest risk was from nitromethane, which could cause about nine cancer cases in a hypothetical population of one million soccer players. The study also found that two additional identified chemicals (toluene and benzene) appear on the California Proposition 65 list as developmental/reproductive poisons. -(h) At least 10 studies since 2007, including those by the United States Consumer Product Safety Commission and the United States Environmental Protection Agency, have found potentially harmful lead levels in turf fibers and in rubber crumbs. -(i) A 2011 study titled, “An Evaluation of Potential Exposures to Lead and Other Metals as the Result of Aerosolized Particulate Matter from Artificial Turf Playing Fields” concluded that artificial turf can deteriorate to form dust containing lead at levels that may pose a risk to children. -(j) A 2012 study published in the scientific journal Chemosphere titled, “Hazardous organic chemicals in rubber recycled tire playgrounds and pavers”, showed the high content of toxic chemicals in these recycled materials and found that “uses of recycled rubber tires, especially those targeting play areas and other facilities for children, should be a matter of regulatory concern.” -(k) The Swedish Chemicals Agency found that waste tire crumb rubber contains several particularly hazardous substances and recommended that rubber granules from waste tires not be used in artificial turf. -(l) In 2013, The United States Environmental Protection Agency (EPA) posted a disclaimer on the only limited study on tire crumb risk it had ever conducted. The EPA press release summarizing the study has been stamped with a notice that it was “outdated” and a new link has been appended to a statement stressing the need for “future studies” to enable “more comprehensive conclusions.” -(m) On May 19, 2015, the chair of the United States Consumer Product Safety Commission (CPSC), Elliot Kaye, testified before the United States Congress that he no longer stands behind a 2008 statement from the commission that crumb rubber is safe to play on. His testimony described new federal studies underway. The CPSC also ordered an enforcement review of marketing of artificial turf products for children because the commission found lead levels in artificial sports fields above statutory limits in children’s products. -(n) A June 2015, study conducted at Yale University by Environment and Human Health, Inc., an organization of physicians and public health professionals, found that crumb rubber infill from used tires contain at least 96 chemicals. Of the 96 chemicals detected, a little under one-half had no toxicity assessments done on them for their health effects. Of the one-half that had toxicity assessments, 20 percent were probable carcinogens and 40 percent were irritants. The carcinogens found were 2-Mercaptobenzothiazole, 9,10-Dimethylanthracene, Bis(2-ethylhexyl) phthalate, Fluoranthene, Heptadecane, 2-mercaptobenzothiazole, Phenol, 4-(1,1,3,3-tetramethylbutyl)-, Phenanthrene Carcinogen - polycyclicaromatic hydrocarbons, Phthalimide, Pyrene, 1-methyl-, Tetratriacontane, Pyrene, and Carbon Black. Of the irritants found, 24 percent were respiratory irritants, some causing asthma symptoms, 37 percent were skin irritants, and 27 percent were eye irritants. -(o) In June 2015, The Department of Resources Recycling and Recovery in collaboration with the Office of Environmental Health Hazard Assessment (OEHHA) agreed to spend nearly three million dollars ($3,000,000) to conduct a three-year study of potential health effects associated with the use of recycled waste tires in playground and artificial turf products. Making use of the toxicity criteria, monitoring data, and exposure pattern analysis results obtained in the study, OEHHA will conduct an assessment of potential health impacts associated with use of artificial turf and playground mats. -(p) While the public awaits the results of the OEHHA study and other studies being conducted at the national level and around the country, it is in the public’s best interest, especially from a children’s health perspective, that schools and local governments consider the various infill options when choosing to install artificial turf fields. -115810.1. -For purposes of this article, “crumb rubber infill” means any composition material that contains recycled crumb rubber from waste tires and is used to cover or surface an artificial turf field. -115810.2. -(a) Before a public or private school or local government may install, contract for the installation of, or solicit bids for a new artificial turf field containing crumb rubber infill within the boundaries of a public or private school or public recreational park, the public or private school or local government shall do all of the following: -(1) (A) Gather information from companies that offer artificial turf products that do not use crumb rubber infill. -(B) For purposes of this paragraph, information shall include, but not be limited to, information obtained from discussions with at least one company that offers artificial turf products that do not contain crumb rubber infill. -(2) Consider the use of material that does not contain crumb rubber infill in its artificial turf field project based on the information gathered pursuant to paragraph (1). -(3) Hold a public meeting that includes as a properly noticed agenda item a discussion of the installation of crumb rubber infill, with an opportunity for public comment. Members of the public wishing to make a comment during the public meeting shall be permitted to do so consistent with the established comment procedure for the meeting. -(b) Subdivision (a) shall not apply to any installation of an artificial turf field containing crumb rubber infill that commenced, or any contract for such an installation entered into, prior to January 1, 2017. -(c) Subdivision (a) shall not apply to any maintenance that is needed on an artificial turf field containing crumb rubber infill in existence as of January 1, 2017, or that is installed consistent with subdivision (b). -115810.3. -This article shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SECTION 1. -Article 3 (commencing with Section 115810) is added to Chapter 4 of Part 10 of Division 104 of the -Health and Safety Code -, to read: -3. -The Children’s Safe Playground and Turf Field Act of 2015 -115810. -For purposes of this article, “synthetic turf” means any composition material that contains recycled crumb rubber from waste tires and is used to cover or surface a field or playground. -115811. -(a)By July 1, 2017, the Office of Environmental Health Hazard Assessment, in consultation with the Department of Resources Recycling and Recovery, the State Department of Public Health, and the Department of Toxic Substances Control, shall prepare and provide to the Legislature and post on the office’s Internet Web site a study analyzing synthetic turf for potential adverse health impacts. -(b)The study shall include all of the following: -(1)A hazard analysis of exposure to the chemicals that may be found in synthetic turf, such as 4-t-octylphenol, acetone, arsenic, barium, benzene, benzothiazole, butylated hydroxyanisole, cadmium, carbon black, chloroethane, chromium, lead, manganese, matex, mercury, methyl ethyl ketone, methyl isobutyl ketone, n-hexadecane, naphthalene, nickel, nylon, phenol, phthalates, polycyclic aromatic hydrocarbons, and zinc. -(2)An analysis that considers the varying exposure activities, environments, duration of play, ages of different populations who play on synthetic turf, and exposure pathways, including whether chemicals found in tires have negative impacts on human health when used in indoor and outdoor fields and parks with various weather exposures and potentially ingested by children or coming in contact with children’s bodies. -(3)Biomonitoring or other exposure monitoring of children or adults exposed to synthetic turf to be used to assess their exposure to chemicals found in the synthetic turf, to the extent feasible, to determine potential health impacts on children and other age groups. -(4)An examination of the potential for fields and playgrounds containing synthetic turf to cause adverse health impacts, including, but not limited to, non-Hodgkin lymphoma, testicular cancer, prostate cancer, sarcoma cancer, and leukemia. This examination shall include people who have developed these health impacts and played on fields and playgrounds containing used tires, including, but not limited to, soccer goalies. -(5)An examination of the health impacts associated with synthetic turf fields and playgrounds of varying age. -(6)An evaluation of the differences in the manufacturing of synthetic turf and different turf, field, and playground products, including those that do not use recycled tires, and how these differences may affect health impacts. The evaluation shall include, but not be limited to, the types and age of tires used, the tire processing, and the type of plasticizer, backing material, adhesives, and plastic blades of artificial grass used to make the final synthetic turf product. -(7)An evaluation of the differences, in terms of health impacts, between fields and playgrounds covered with synthetic turf and nonsynthetic turf, including, but not limited to, fields made from coconut fibers, rice husks, cork, sand, and used shoes. -(8)A review of current research on the health impacts of synthetic turf done by authoritative bodies from around the country and the world. -(9)Research to fill any data gaps, such as those data gaps identified by the report prepared by the Office of Environmental Health Hazard Assessment on behalf of the Department of Resources Recycling and Recovery titled “Safety Study of Artificial Turf Containing Crumb Rubber Infill Made From Recycled Tires: Measurements of Chemicals and Particulates in the Air, Bacteria in the Turf, and Skin Abrasions Caused by Contact with the Surface.” -(10)An examination of the health impacts of exposures to many low level volatile organic compounds and polycyclic aromatic hydrocarbons found in synthetic turf fields and playgrounds. -(11)An analysis that compares the temperatures on synthetic turf, nonwaste tire turf, and grass turf during the high-temperature periods in the summer. This analysis shall include a health impact analysis including, but not limited to, heat stress, heat illness, and other heat-related health issues. -(c)A representative sample of synthetic turf fields and playgrounds around the state shall be analyzed for purposes of the study. -(d)(1)A study submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. -(2)The requirement for submitting a study to the Legislature imposed pursuant to subdivision (a) is inoperative on July 1, 2021, pursuant to Section 10231.5 of the Government Code. -115812. -(a)(1)A public or private school or local government shall not install, or contract for the installation of, a new field or playground surface made from synthetic turf within the boundaries of a public or private school or public recreational park unless the following three conditions are met: -(A)The bid specification of the public or private school or local government for the turf field or playground surface includes at least one option that does not use crumb rubber from waste tires. -(B)The public or private school or local government has obtained at least one estimate from a company that does not use crumb rubber from waste tires in its turf field and playground products. -(C)The public or private school or local government has held a public meeting regarding the installation of synthetic turf with an opportunity for public comment. -(2)Paragraph (1) shall not apply to any installation of a field or playground surface made from synthetic turf that commenced, or any contract for such installation entered into, prior to January 1, 2016. -(3)Paragraph (1) shall not apply to any maintenance that is needed on a synthetic turf field or playground in existence as of January 1, 2016. -(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. -SEC. 2. -Section 42872 of the -Public Resources Code -is amended to read: -42872. -(a)The tire recycling program may include, but is not limited to, the following: -(1)The awarding of grants, subsidies, rebates, and loans to businesses or other enterprises, and public entities, involved in activities and applications that result in reduced landfill disposal of used whole tires and reduced illegal disposal or stockpiling of used whole tires. -(2)The awarding of grants for research aimed at developing technologies or improving current activities and applications that result in reduced landfill disposal of used whole tires. -(3)The awarding of grants or loans for the evaluation, planning, design, improvement, and implementation of alternative used tire recycling programs in this state. -(4)The awarding of grants, subsidies, rebates, or loans to businesses that shred used tires for purposes of recycling. -(5)Development and implementation of an information and education program, including seminars and conferences, aimed at promoting alternatives to the landfill disposal of used whole tires. -(6)The awarding of grants or loans to tire shredding programs at authorized landfills, solid waste transfer stations, or dedicated tire shredding facilities, including the direct purchase of shredders or financing of shredder contracts. -(7)Development and implementation of a waste tire incentive payment program to promote increased demand for waste tires recycled in this state and to promote higher valued products. -(8)The awarding of grants to businesses that produce crumb rubber from waste tires for purposes of helping the business to find alternative markets other than fields and playgrounds for their products. -(b)The tire recycling program shall not include the awarding of grants, subsidies, rebates, loans, or any other types of funding to businesses or other enterprises, to public or private schools, or to local governments for purposes of offsetting the cost of manufacturing or installing synthetic turf as that term is defined in Section 115810 of the Health and Safety Code. -SEC. 3. -Section 42873 of the -Public Resources Code -is amended to read: -42873. -(a)Activities eligible for funding under this article, that reduce, or that are designed to reduce or promote the reduction of, landfill disposal of used whole tires, may include the following: -(1)Polymer treatment. -(2)Rubber reclaiming and crumb rubber production. -(3)Retreading. -(4)Shredding. -(5)The manufacture of products made from used tires, including, but not limited to, all of the following: -(A)Rubberized asphalt, asphalt rubber, modified binders, and chip seals. -(B)Playground equipment. -(C)Crash barriers. -(D)Erosion control materials. -(E)Nonslip floor and track surfacing. -(F)Oil spill recovery equipment. -(G)Roofing adhesives. -(H)Tire-derived aggregate applications, including lightweight fill and vibration mitigation. -(I)Molded products. -(J)Products using recycling rubber and other materials, such as plastic. -(K)Paint and coatings. -(6)Other environmentally safe applications or treatments determined to be appropriate by the department. -(7)A study to analyze synthetic turf for potential adverse health impacts, pursuant to Section 115811 of the Health and Safety Code. -(b)(1)The department shall not expend funds for an activity that provides support or research for the incineration of tires. For the purposes of this article, incineration of tires, includes, but is not limited to, fuel feed system development, fuel sizing analysis, and capacity and production optimization. -(2)Paragraph (1) does not affect the permitting or regulation of facilities that engage in the incineration of tires.","Existing law regulates certain behavior related to recreational activities and public safety, including, among other things, playgrounds and wooden playground equipment. -The bill would, until January 1, 2020, require a public or private school or local government, before installing, contracting for the installation of, or soliciting bids for a new artificial turf field containing crumb rubber infill, as defined, within the boundaries of a public or private school, or public recreational park to do certain things, including gathering information from companies that offer artificial turf products that do not use crumb rubber infill. -Existing law regulates certain behavior related to recreational activities and public safety, including, among other things, playgrounds and wooden playground equipment. -This bill would require the Office of Environmental Health Hazard Assessment, by July 1, 2017, in consultation with the Department of Resources Recycling and Recovery, the State Department of Public Health, and the Department of Toxic Substances Control, to prepare and provide to the Legislature and post on the office’s Internet Web site a study analyzing synthetic turf, as defined, for potential adverse health impacts. The bill would require the study to include certain information, including a hazard analysis of exposure to the chemicals that may be found in synthetic turf, as provided. The bill would prohibit a public or private school or local government, until January 1, 2018, from installing, or contracting for the installation of, a new field or playground surface made from synthetic turf within the boundaries of a public or private school or public recreational park, unless 3 specified conditions are met, including that the public or private school or local government has obtained at least one estimate from a company that does not use crumb rubber in its turf field and playground products, as provided. -The California Tire Recycling Act (act) requires a person who purchases a new tire to pay a California tire fee, for deposit in the California Tire Recycling Management Fund, for expenditure by the department, upon appropriation by the Legislature, for programs related to the disposal of waste tires including the awarding of grants. The act specifies that the activities eligible for funding include the manufacture of specified products made from used tires. -The bill would include the above study as one of the acceptable activities eligible for this funding. The bill would also authorize the awarding of grants to businesses that produce crumb rubber from waste tires for purposes of helping the businesses find alternative markets other than fields and playgrounds for their products. The bill would prohibit the awarding under this program of grants, subsidies, rebates, loans, or any other types of funding to businesses or other enterprises, to public or private schools, or to local governments for purposes of offsetting the cost of manufacturing or installing synthetic turf.","An act to add Article 3 (commencing with Section 115810) to Chapter 4 of Part 10 of Division 104 of, and to repeal Section 115812 of, the Health and Safety Code, and to amend Sections 42872 and 42873 of the Public Resources Code, relating to environmental health. -An act to add and repeal Article 3 (commencing with Section 115810) of Chapter 4 of Part 10 of Division 104 of the Health and Safety Code, relating to environmental health." -17,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 980 of the Military and Veterans Code is amended to read: -980. -(a) As used in this chapter, “veteran” means any of the following: -(1) Any citizen of the United States who served in the active military, naval, or air service of the United States on or after April 6, 1917, and prior to November 12, 1918, and who received an honorable discharge or was released from active duty under honorable conditions. -(2) Any person who did all of the following: -(A) Served in the active military, naval, or air service of the United States for a period of not less than 90 consecutive days or was discharged from the service due to a service-connected disability within that 90-day period. -(B) Received an honorable discharge or was released from active duty under honorable conditions. -(C) Performed any portion of that service during any of the following periods: -(i) On or after December 7, 1941, and prior to January 1, 1947, including, but not limited to, members of the Philippine Commonwealth Army, the Regular Scouts (“Old Scouts”), and the Special Philippine Scouts (“New Scouts”). -(ii) On or after June 27, 1950, and prior to February 1, 1955. -(iii) On or after February 28, 1961, and prior to August 5, 1964, in the case of a veteran who served in the Republic of Vietnam during that period. -(iv) On or after August 5, 1964, and prior to May 8, 1975. -(v) On or after August 2, 1990, to and including the date on which the territories in and around the Arabian Peninsula cease to be designated as a place where the armed forces of the United States are engaged in combat, as described in Executive Order 12744 of the President of the United States. It is the intent of the Legislature, in enacting this clause, that the benefits provided by this chapter shall be available to all veterans who were on active duty in the armed forces of the United States or who were called to active duty in the reserves or National Guard during the pendency of the deployment of forces for Operation Desert Shield or Desert Storm, which resulted in Executive Order 12744, irrespective of whether these veterans served overseas or in the United States. -(vi) At any time, in a campaign or expedition for service in which a medal has been authorized by the government of the United States, regardless of the number of days served on active duty. -(vii) At any time in Somalia, or in direct support of the troops in Somalia, including, but not limited to, persons stationed on ships of the United States armed forces conducting support activities offshore in the vicinity of Somalia, during Operation Restore Hope, regardless of the number of days served. -(3) Any member of the reserves or National Guard who does all the following: -(A) Is called to, and released from, active duty or active service, regardless of the number of days served. -(B) Is called during any period when a presidential executive order specifies the United States is engaged in combat or homeland defense. -(C) Has received an honorable discharge or was released from active duty or active service under honorable conditions. -(4) Any person who did all of the following: -(A) Served in the Merchant Marine Service of the United States. -(B) Has been granted veteran status by the United States Secretary of Defense under Title IV of the GI Improvement Act of 1977 (Public Law 95-202, as amended). -(5) Any person who qualifies under federal laws for revenue bond or unrestricted funds (26 U.S.C. Sec. 143) and did all of the following: -(A) Served in the active military, naval, or air service of the United States for a period of not less than 90 consecutive days. -(B) Received an honorable discharge or was released from active duty or active service under honorable conditions. -(6) Any person who qualifies for funds made available from a qualified mortgage revenue bond issued pursuant to 26 U.S.C. Section 143 and is, at the time of application for Cal-Vet benefits, a member of the California National Guard or a reserve component of any branch of the United States armed forces who has enlisted or been commissioned in that service for a period of not less that six years and has completed a minimum of one year of satisfactory service. -(b) For purposes of this chapter -, -“veteran” -does -shall -not include any of the following: -(1) A person who was separated from the armed forces under other than honorable conditions. -(2) A person who was separated from the armed forces on account of alienage. -(3) A person who performed no military duty whatever or refused to wear the uniform. -(4) A person who served only in an auxiliary or reserve component of the armed forces whose service therein did not provide an exemption from the operation of the Selective Training and Service Act of 1940 (54 Stat. 885, as amended). -(5) A person whose service with the armed forces was due to temporary active duty orders for the sole purpose of training duty, processing, or a physical examination, except as provided for in paragraph (6) of subdivision (a). -(6) A person whose only service was as a student at a military academy and who, for any reason, failed to complete the course of study and subsequently did not serve on active duty. -(c) For purposes of this section, “active duty” or “active service” is defined as provided in 10 U.S.C. Section 101(d).","Existing law defines “veteran” for the purposes of the various programs bestowing benefits upon veterans. -This bill would make technical, nonsubstantive changes to this provision.","An act to amend Section 980 of the Military and Veterans Code, relating to veterans." -18,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The economic competitiveness of California is fueled by the strength of regional economies and their skilled workers. Upward social and economic mobility and increased opportunities keep the state’s economy diversified and vibrant. -(b) The pathway out of poverty for millions of California residents is the attainment of industry-valued “middle skill credentials,” which is defined as a job requiring a certificate, associate’s degree, or third-party credential that is less advanced than a bachelor’s degree, but more advanced than a high school diploma. -(c) Middle skill credentials serve as the gateway for a large number of careers in the state’s prioritized and emergent industry sectors. -(d) The California Community Colleges Board of Governor’s Task Force on Workforce, Job Creation, and a Strong Economy, also referred to as the Strong Workforce Task Force, identified 25 policy and strategy recommendations to help close the gap on these middle skill credentials. -(e) The recommendations built upon the foundation established by the California Community Colleges Economic and Workforce Development Program in Part 52.5 (commencing with Section 88600) of Division 7 of Title 3 of the Education Code, the Office of the Chancellor of the California Community Colleges Doing What MATTERS for Jobs and the Economy framework, and the federal Workforce Innovation and Opportunities Act (Public Law 113-128). -(f) With the enactment of the federal Workforce Innovation and Opportunity Act (Public Law 113-128), California agencies receiving workforce-related funds have adopted the following common program strategies articulated by the California Workforce Investment Board: -(1) Partnering in sector strategies to ensure training programs are relevant to the economy. -(2) Building career pathways to increase access, flexibility, and facilitated navigation of training and education programs. -(3) Utilizing “earn and learn” to increase simultaneous access to income and training for those who cannot afford full-time education. -(4) Organizing regionally to benefit from economies of scale, recognizing gains when labor markets and industry are organized regionally. -(5) Providing supportive services to remove barriers to program completion and employment. -(6) Creating cross-system data capacity to ensure effective use of resources. -(7) Integrating service delivery and braiding of resources to optimize limited resources and make use of program specializations to better serve individuals. -SEC. 2. -Section 30 of the Business and Professions Code is amended to read: -30. -(a) (1) Notwithstanding any other law, any board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicant’s social security number for all other applicants. -(2) No later than January 1, 2016, in accordance with Section 135.5, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for purposes of this subdivision. -(b) A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code. -(c) In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application. -(d) A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee: -(1) Name. -(2) Address or addresses of record. -(3) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees. -(4) Type of license. -(5) Effective date of license or a renewal. -(6) Expiration date of license. -(7) Whether license is active or inactive, if known. -(8) Whether license is new or a renewal. -(e) For the purposes of this section: -(1) “Licensee” means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. -(2) “License” includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. -(3) “Licensing board” means any board, as defined in Section 22, the State Bar, and the Bureau of Real Estate. -(f) The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable. -(g) Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require. -(h) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection. -(i) A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided pursuant to this section to the Franchise Tax Board, the Employment Development Department, or the Office of the Chancellor of the California Community Colleges, or as provided in subdivision (k). -(j) It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws, for purposes of compliance with Section 17520 of the Family Code, and for purposes of measuring employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes. -(k) If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status. -(l) For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, “licensee” means an entity that is issued a license by any board, as defined in Section 22, the State Bar, the Bureau of Real Estate, and the Department of Motor Vehicles. -(m) The department shall, upon request by the Office of the Chancellor of the California Community Colleges, furnish to the chancellor’s office, as applicable, the following information with respect to every licensee: -(1) Name. -(2) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees. -(3) Date of birth. -(4) Type of license. -(5) Effective date of license or a renewal. -(6) Expiration date of license. -(n) The department shall make available information pursuant to subdivision (m) only to allow the chancellor’s office to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. Licensure information made available by the department pursuant to this section shall not be used for any other purpose. -(o) The department may make available information pursuant to subdivision (m) only to the extent that making the information available complies with state and federal privacy laws. -(p) The department may, by agreement, condition or limit the availability of licensure information pursuant to subdivision (m) in order to ensure the security of the information and to protect the privacy rights of the individuals to whom the information pertains. -(q) All of the following apply to the licensure information made available pursuant to subdivision (m): -(1) It shall be limited to only the information necessary to accomplish the purpose authorized in subdivision (n). -(2) It shall not be used in a manner that permits third parties to personally identify the individual or individuals to whom the information pertains. -(3) Except as provided in subdivision (n), it shall not be shared with or transmitted to any other party or entity without the consent of the individual or individuals to whom the information pertains. -(4) It shall be protected by reasonable security procedures and practices appropriate to the nature of the information to protect that information from unauthorized access, destruction, use, modification, or disclosure. -(5) It shall be immediately and securely destroyed when no longer needed for the purpose authorized in subdivision (n). -(r) The department or the chancellor’s office may share licensure information with a third party who contracts to perform the function described in subdivision (n), if the third party is required by contract to follow the requirements of this section. -SEC. 3. -Section 88650 of the Education Code is amended to read: -88650. -(a) The chancellor shall implement performance accountability outcome measures for the economic and workforce development program that provide the Governor, Legislature, and general public with information that quantifies employer and student outcomes for those participating in the program. These performance accountability measures should, to the extent possible, align with the performance accountability measures of the federal Workforce Innovation and Opportunity Act (Public Law 113-128). -(b) The chancellor shall submit a report to the Governor and Legislature on or about March 1 of each year. This report shall include, but not necessarily be limited to, both of the following: -(1) Sufficient information to ensure the understanding of the magnitude of expenditures, by type of expenditure, including those specified in Section 88625, disaggregated by industry sector or cluster, region, and type of grant. -(2) Data summarizing outcome accountability performance measures required by this section.","(1) Existing law establishes various career technical education programs, including regional occupational centers and programs, specialized secondary programs, partnership academies, and agricultural career technical education programs. Existing law provides for numerous boards, bureaus, commissions, or programs within the Department of Consumer Affairs that administer the licensing and regulation of various businesses and professions. -This bill would require the department to make available, upon request by the Office of the Chancellor of the California Community Colleges, and only to the extent specified, to the chancellor’s office specified information with respect to every licensee for the sole purpose of enabling the office of the chancellor to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. -(2) Existing law requires the Chancellor of the California Community Colleges to implement performance accountability outcome measures for the California Community Colleges Economic and Workforce Development Program. -This bill would urge the chancellor to align these measures with the performance accountability measures of the federal Workforce Innovation and Opportunity Act.","An act to amend Section 30 of the Business and Professions Code, and to amend Section 88650 of the Education Code, relating to career technical education." -19,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17052 is added to the Revenue and Taxation Code, to read: -17052. -(a) (1) For each taxable year beginning on or after January 1, 2015, there shall be allowed against the “net tax,” as defined by Section 17039, an earned income tax credit in an amount equal to an amount determined in accordance with Section 32 of the Internal Revenue Code, relating to earned income, as applicable for federal income tax purposes for the taxable year, except as otherwise provided in this section. -(2) (A) The amount of the credit determined under Section 32 of the Internal Revenue Code, relating to earned income, as modified by this section, shall be multiplied by the earned income tax credit adjustment factor for the taxable year. -(B) Unless otherwise specified in the annual Budget Act, the earned income tax credit adjustment factor for a taxable year beginning on or after January 1, 2015, shall be 0 percent. -(C) The earned income tax credit authorized by this section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the credit. -(b) (1) In lieu of the table prescribed in Section 32(b)(1) of the Internal Revenue Code, relating to percentages, the credit percentage and the phaseout percentage shall be determined as follows: -In the case of an eligible individual with: -The credit percentage is: -The phaseout percentage is: -No qualifying children -7.65% -7.65% -1 qualifying child -34% -34% -2 or more qualifying children -40% -40% -(2) (A) In lieu of the table prescribed in Section 32(b)(2)(A) of the Internal Revenue Code, the earned income amount and the phaseout amount shall be determined as follows: -In the case of an eligible individual with: -The earned income amount is: -The phaseout amount is: -No qualifying children -$3,290 -$3,290 -1 qualifying child -$4,940 -$4,940 -2 or more qualifying children -$6,935 -$6,935 -(B) Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply. -(3) Section 32(b)(3)(A) of the Internal Revenue Code, relating to increased percentage for three or more qualifying children, is modified by substituting “the credit percentage and phaseout percentage is 45 percent” for “the credit percentage is 45 percent.” -(c) (1) Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting “this state” for “the United States.” -(2) Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows: -(A) Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting “plus” and inserting in lieu thereof the following: “and only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.” -(B) Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall not apply. -(3) Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting “this state” for “the United States.” -(d) Section 32(i)(1) of the Internal Revenue Code is modified by substituting “$3,400” for “$2,200.” -(e) In lieu of Section 32(j) of the Internal Revenue Code, relating to inflation adjustments, for taxable years beginning on or after January 1, 2016, the amounts specified in paragraph (2) of subdivision (b) and in subdivision (d) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041. -(f) If the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. -(g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. -(h) Notwithstanding any other law, amounts refunded pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits. -(i) (1) For the purpose of implementing the credit allowed by this section for the 2015 taxable year, the Franchise Tax Board shall be exempt from the following: -(A) Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2. -(B) Special Project Report requirements under Statewide Information Management Manual Section 30. -(C) Section 11.00 of the 2015 Budget Act. -(D) Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code. -(2) The Franchise Tax Board shall formally incorporate the scope, costs, and schedule changes associated with the implementation of the credit allowed by this section in its next anticipated Special Project Report for its Enterprise Data to Revenue Project. -(j) (1) In accordance with Section 41 of the Revenue and Taxation Code, the purpose of the California Earned Income Tax Credit is to reduce poverty among California’s poorest working families and individuals. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following: -(A) The number of tax returns claiming the credit. -(B) The number of individuals represented on tax returns claiming the credit. -(C) The average credit amount on tax returns claiming the credit. -(D) The distribution of credits by number of dependents and income ranges. The income ranges shall encompass the phase-in and phaseout ranges of the credit. -(E) Using data from tax returns claiming the credit, including an estimate of the federal tax credit determined under Section 32 of the Internal Revenue Code, an estimate of the number of families who are lifted out of deep poverty by the credit and an estimate of the number of families who are lifted out of deep poverty by the combination of the credit and the federal tax credit. For the purposes of this subdivision, a family is in “deep poverty” if the income of the family is less than 50 percent of the federal poverty threshold. -(2) The Franchise Tax Board shall provide the written report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly Committees on Revenue and Taxation, and the Senate and Assembly Committees on Human Services. -(k) The tax credit allowed by this section shall be known as the California Earned Income Tax Credit. -SEC. 2. -Section 19136 of the Revenue and Taxation Code is amended to read: -19136. -(a) Section 6654 of the Internal Revenue Code, relating to failure by an individual to pay estimated income tax, shall apply, except as otherwise provided. -(b) Section 6654(a)(1) of the Internal Revenue Code is modified to refer to the rate determined under Section 19521 in lieu of Section 6621 of the Internal Revenue Code. -(c) (1) Section 6654(e)(1) of the Internal Revenue Code, relating to exceptions where the tax is a small amount, does not apply. -(2) No addition to the tax shall be imposed under this section if the tax imposed under Section 17041 or 17048 and the tax imposed under Section 17062 for the preceding taxable year, minus the sum of any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, or the tax computed under Section 17041 or 17048 upon the estimated income for the taxable year, minus the sum of any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, is less than five hundred dollars ($500), except in the case of a separate return filed by a married person the amount shall be less than two hundred fifty dollars ($250). -(d) Section 6654(f) of the Internal Revenue Code does not apply and for purposes of this section the term “tax” means the tax imposed under Section 17041 or 17048 and the tax imposed under Section 17062 less any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, other than the credit provided by subdivision (a) of Section 19002. -(e) (1) The credit for tax withheld on wages, as specified in Section 6654(g) of the Internal Revenue Code, is the credit allowed under subdivision (a) of Section 19002. -(2) (A) Section 6654(g)(1) of the Internal Revenue Code is modified by substituting the phrase “the applicable percentage” for the phrase “an equal part.” -(B) For purposes of this paragraph, “applicable percentage” means the percentage amount prescribed under Section 6654(d)(1)(A) of the Internal Revenue Code, as modified by subdivision (a) of Section 19136.1. -(f) This section applies to a nonresident individual. -(g) (1) No addition to tax shall be imposed under this section to the extent that the underpayment was created or increased by either of the following: -(A) Any law that is chaptered during and operative for the taxable year of the underpayment. -(B) If, for a taxable year prior to its repeal, the adjustment factor for the credit authorized by Section 17052 for the taxable year was less than the adjustment factor for that credit for the preceding taxable year. -(2) (A) Notwithstanding Section 18415, subparagraph (A) of paragraph (1) applies to penalties imposed under this section on or after January 1, 2005. -(B) Notwithstanding Section 18415, subparagraph (B) of paragraph (1) applies to penalties imposed under this section on or after January 1, 2016. -(h) The amendments made to this section by Section 5 of Chapter 305 of the Statutes of 2008 apply to taxable years beginning on or after January 1, 2009. -(i) The amendments made to this section by Section 3 of Chapter 15 of the Fourth Extraordinary Session of the Statutes of 2009 apply to amounts withheld on wages beginning on or after January 1, 2009. -SEC. 3. -Section 19167 of the Revenue and Taxation Code is amended to read: -19167. -A penalty shall be imposed under this section for any of the following: -(a) In accordance with Section 6695(a) of the Internal Revenue Code, for failure to furnish a copy of the return to the taxpayer, as required by Section 18625. -(b) In accordance with Section 6695(c) of the Internal Revenue Code, for failure to furnish an identifying number, as required by Section 18624. -(c) In accordance with Section 6695(d) of the Internal Revenue Code, for failure to retain a copy or list, as required by Section 18625 or for failure to retain an electronic filing declaration, as required by Section 18621.5. -(d) Failure to register as a tax preparer with the California Tax Education Council, as required by Section 22253 of the Business and Professions Code, unless it is shown that the failure was due to reasonable cause and not due to willful neglect. -(1) The amount of the penalty under this subdivision for the first failure to register is two thousand five hundred dollars ($2,500). This penalty shall be waived if proof of registration is provided to the Franchise Tax Board within 90 days from the date notice of the penalty is mailed to the tax preparer. -(2) The amount of the penalty under this subdivision for a failure to register, other than the first failure to register, is five thousand dollars ($5,000). -(e) The Franchise Tax Board shall not impose the penalties authorized by subdivision (d) until either one of the following has occurred: -(1) Commencing January 1, 2006, and continuing each year thereafter, there is an appropriation in the Franchise Tax Board’s annual budget to fund the costs associated with the penalty authorized by subdivision (d). -(2) (A) An agreement has been executed between the California Tax Education Council and the Franchise Tax Board that provides that an amount equal to all first year costs associated with the penalty authorized by subdivision (d) shall be received by the Franchise Tax Board. For purposes of this subparagraph, first year costs include, but are not limited to, costs associated with the development of processes or systems changes, if necessary, and labor. -(B) An agreement has been executed between the California Tax Education Council and the Franchise Tax Board that provides that the annual costs incurred by the Franchise Tax Board associated with the penalty authorized by subdivision (d) shall be reimbursed by the California Tax Education Council to the Franchise Tax Board. -(C) Pursuant to the agreement described in subparagraph (A), the Franchise Tax Board has received an amount equal to the first year costs described in that subparagraph. -(f) In accordance with Section 6695(g) of the Internal Revenue Code, for failure to be diligent in determining eligibility for earned income credit for returns required to be filed on or after the effective date of the act adding this subdivision. -SEC. 4. -In future years, it is the intent of the Legislature to enact legislation that would expand the California Earned Income Tax Credit allowed by Section 17052 of the Revenue and Taxation Code, as state budget conditions permit, to benefit a broader section of working poor Californians. -SEC. 5. -This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income and who meet certain other requirements. -This bill, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, would allow an earned income credit against personal income tax, and a payment in excess of that credit amount, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor as set forth in the annual Budget Act. -Existing law requires any bill authorizing a new personal income tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements, as provided. -To measure whether the earned income credit achieves its intended purpose, this bill would require the Franchise Tax Board to annually prepare a specified written report and to provide that report to specified legislative committees. -Existing law establishes the continuously appropriated Tax Relief and Refund Account, and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account. -By authorizing new payments from that account for amounts in excess of personal income tax liabilities, this bill would make an appropriation. -The Personal Income Tax Law imposes taxes based upon taxable income and also imposes interest and penalties with regard to those taxes under specified circumstances, including a penalty for the underpayment of estimated tax. Existing law provides no addition to tax shall be imposed to the extent that the underpayment was created or increased by any law that is chaptered during and operative for the taxable year of the underpayment. -This bill would provide that addition to tax shall not be imposed if the applicable percentage for the earned income tax credit for the taxable year was less than the applicable percentage for that credit for the preceding taxable year and would impose a penalty, in conformity with federal law, for failure to be diligent in determining eligibility for the earned income tax credit, as specified. -This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to amend Sections 19136 and 19167 of, and to add Section 17052 to, the Revenue and Taxation Code, relating to taxation, and making an appropriation therefor, to take effect immediately, bill related to the budget." -20,"The people of the State of California do enact as follows: - - -SECTION 1. -Item 2660-013-0001 is added to Section 2.00 of the Budget Act of 2015, to read: -2660-013-0001—For transfer by the Controller from the General Fund, to the Traffic Congestion Relief Fund, upon order of the Director of Finance ........................ -(173,000,000) -Provisions: -1. -Notwithstanding existing law, these funds shall be transferred and allocated by the Director of Finance no later than January 1, 2017, and will affect the General Fund reserve in the fiscal year the transfer is made. Funds shall be allocated as follows: -(a) -$148,000,000 for specified local Traffic Congestion Relief Program projects. -(b) -$11,000,000 for trade corridor improvements. -(c) -$9,000,000 for the Transit and Intercity Rail Capital Program. -(d) -$5,000,000 for the State Highway Operations and Protection Program. -2. -Notwithstanding any other law, this amount shall be repaid from the General Fund pursuant to subdivision (c) of Section 20 of Article XVI of the California Constitution and applied to debt payments as required for the 2016-17 fiscal year. -SEC. 2. -Item 3970-001-0001 is added to Section 2.00 of the Budget Act of 2015, to read: -3970-001-0001—For support of Department of Resources Recycling and Recovery ........................ -105,000,000 -Schedule: -(1) -3700-Waste Reduction and Management ........................ -105,000,000 -Provisions: -1. -The funds appropriated in Schedule (1) shall be made available for fire recovery and debris removal and management costs to mitigate the threat to lives, public health, safety, and the environment. -2. -Notwithstanding any other law, upon request of the Director of the Department of Resources Recycling and Recovery, the Director of Finance may augment the amount available for expenditure in this item to pay for fire debris removal and management costs to mitigate the threat to lives, public health, safety, and the environment. The augmentation may be made no sooner than 10 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee. The amount of funds augmented pursuant to the authority of this provision shall be consistent with the amount approved by the Director of Finance based on review of the estimated costs. -SEC. 3. -Item 6440-001-0001 of Section 2.00 of the Budget Act of 2015 is amended to read: -6440-001-0001—For support of University of California ........................ - - -3,056,138,000 - -3,057,993,000 -Schedule: -(1) -5440-Support ........................ - - -3,056,138,000 - -3, 057,993,000 -Provisions: -1. -This appropriation is exempt from Sections 6.00 and 31.00. -2. -(a) -The Legislature finds and declares all of the following: -(1) -The Regents of the University of California endorsed, on May 21, 2015, the framework for long-term funding agreed upon by the Governor and the President of the University, pursuant to which tuition will not increase in the 2015–16 and 2016–17 academic years and the university will implement reforms to reduce the cost structure of the university and improve access, quality, and outcomes. -(2) -The reforms included in the framework endorsed by the Regents will create capacity for all campuses of the university to serve more resident students, including by easing transfer from the community colleges, reducing the amount of time it takes students to complete programs, and using technology and data to improve allocation of available resources. -(3) -In addition to the funds included in this appropriation and those described in the framework, other funds, including existing resources that can be redirected to higher priorities, such as those currently being used to provide financial aid to nonresident students, are also available to enable more resident students to enter the university at all of its campuses. -(4) -Furthermore, it is the intent of the Legislature that those funds generated by an increase in the number of nonresident students enrolled in the 2015–16 academic year, compared to the number of nonresident students enrolled in the 2014–15 academic year, and increases in nonresident supplemental tuition, as approved by the Regents on May 21, 2015, be used specifically to support an increase in the number of resident students enrolled. -(b) -To address immediate needs, the university is expected to enroll, no later than the 2016–17 academic year, at least 5,000 more resident undergraduate students than the number enrolled in the 2014–15 academic year. -(c) -If the Regents provide sufficient evidence to the Director of Finance on or before May 1, 2016, to demonstrate that the university will satisfy the expectation enumerated in subdivision (b), the Director of Finance shall increase this appropriation by $25,000,000 and notify the Joint Legislative Budget Committee. -2.1. -No later than April 1, 2016, the Regents of the University of California shall report to the Director of Finance and, in conformity with Section 9795 of the Government Code, to the Legislature on its use of these funds for targeted support services to increase systemwide and campus four-year and six-year graduation rates and two-year and three-year transfer graduation rates of low-income and underrepresented student populations. -2.2. -The Regents of the University of California shall improve transparency regarding the university’s budget. The Regents shall ensure that information is posted on the website of the Office of the President that details subcategories of personnel within the Managers and Senior Professional personnel category and disaggregates all personnel categories by fund source. -2.3. -No later than December 10, 2015, the Regents of the University of California shall report to the Director of Finance and, in conformity with Section 9795 of the Government Code, to the Legislature, all of the following: -(a) -All university fund sources legally allowable to support costs for undergraduate, graduate academic, and graduate professional education. -(b) -The factors the university considers to determine which funds to use for educational activities and how much of those funds to use. -(c) -The sources of the funds included in the calculation of expenditures reported pursuant to Section 92670 of the Education Code. -2.4. -(a) -The Regents of the University of California shall implement further measures to reduce the university’s cost structure. -(b) -The Legislature finds and declares that many state employees hold positions with comparable scope of responsibilities, complexity, breadth of job functions, experience requirements, and other relevant factors to those employees designated to be in the Senior Management Group pursuant to existing Regents policy. -(c) -(1) -Therefore, at a minimum, the Regents shall, when considering compensation for any employee designated to be in the Senior Management Group, use a market reference zone that includes state employees. -(2) -At a minimum, the Regents shall identify all comparable positions from the lists included in subdivision (l) of Section 8 of Article III of the California Constitution and Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code. -3. -(a) -The Regents of the University of California shall approve a plan that includes at least all of the following: -(1) -Projections of available resources in the 2016–17, 2017–18, and 2018–19 fiscal years. In projecting General Fund appropriations and student tuition and fee revenues, the university shall use any assumptions provided by the Department of Finance. The Department of Finance shall provide any assumptions no later than August 1, 2015. -(2) -Projections of expenditures in the 2016–17, 2017–18, and 2018–19 fiscal years and descriptions of any changes to current operations necessary to ensure that expenditures in each of those years are not greater than the available resources projected for each of those years pursuant to paragraph (1). -(3) -Projections of resident and nonresident enrollment in the 2016–17, 2017–18, and 2018–19 academic years, assuming implementation of any changes described in paragraph (2). -(4) -The university’s goals for each of the measures listed in subdivision (b) of Section 92675 of the Education Code for the 2016–17, 2017–18, and 2018–19 academic years, assuming implementation of any changes described in paragraph (2). It is the intent of the Legislature that these goals be challenging and quantifiable, address achievement gaps for underrepresented populations, and align the educational attainment of California’s adult population to the workforce and economic needs of the state, pursuant to the legislative intent expressed in Section 66010.93 of the Education Code. -(b) -The plan approved pursuant to subdivision (a) shall be submitted no later than November 30, 2015, to the Director of Finance, the chairpersons of the committees in each house of the Legislature that consider the State Budget, the chairpersons of the budget subcommittees in each house of the Legislature that consider appropriations for the University of California, the chairpersons of the committees in each house of the Legislature that consider appropriations, and the chairpersons of the policy committees in each house of the Legislature with jurisdiction over bills relating to the university. -4. -(a) -The University of California shall allocate from this appropriation the amount necessary to pay in full the fees anticipated to become due and payable during the fiscal year associated with lease-revenue bonds issued by the State Public Works Board on its behalf and the amount of general obligation bond debt service attributable to the university. -(b) -The Controller shall transfer funds from this appropriation upon receipt of the following reports: -(1) -The State Public Works Board shall report to the Controller the fees anticipated to become due and payable in the fiscal year associated with any lease-revenue bonds that were issued on behalf of the university. -(2) -The Department of Finance shall report to the Controller the amount of general obligation bond debt service anticipated to become due and payable in the fiscal year attributable to the university. -(3) -The State Public Works Board or the Department of Finance shall submit a revised report if either entity determines that an amount previously reported to the Controller is inaccurate. If necessary pursuant to any revised reports, the Controller shall return funds to this appropriation. -4.5. -Of the funds appropriated in this item: -(a) -$6,000,000 shall be allocated to the centers for labor research and education at the Berkeley and Los Angeles campuses. -(b) -$1,000,000 shall be allocated to the Wildlife Health Center at the Davis campus and used for grants to local marine mammal stranding networks. These funds are provided on a one-time basis. -(c) -$770,000 shall be allocated for the Statewide Database. -(d) -$1,855,000 shall be allocated for the San Joaquin Valley Medical Program. The program shall enroll 48 students. These funds shall be available for expenditure through June 30, 2017. -4.6. -The University of California shall continue planning for a School of Medicine at the Merced campus in accordance with the action approved by the Regents of the University of California on May 14, 2008, and shall allocate up to $1,000,000 from this appropriation or other funds available to the university for this purpose. -4.7. -This item includes funds for the California DREAM Loan Program. -5. -Payments made by the state to the University of California for each month from July through April shall not exceed one-twelfth of the amount appropriated in this item, less the amount that is specified in Provision 2 and the amount that is allocated pursuant to subdivision (a) of Provision 4. Transfers of funds pursuant to subdivision (b) of Provision 4 shall not be considered payments made by the state to the university. -6. -The funds appropriated in this item shall not be available to support auxiliary enterprises or intercollegiate athletic programs. -SEC. 4. -Item 9651-001-0001 is added to Section 2.00 of the Budget Act of 2015, to read: -9651-001-0001—For support of Prefunding of Health and Dental Benefits for Annuitants ........................ -240,000,000 -Schedule: -(1) -7755–Prefunding Health and Dental Benefits ........................ -240,000,000 -Provisions: -1. -The amount appropriated in this item is to supplement, and not supplant, funding that would otherwise be made available to pay for the employer share of prefunding health and dental benefits identified in memoranda of understanding, or for employees excluded from collective bargaining, in accordance with salary and benefit schedules established by the Department of Human Resources. -2. -No later than November 1, 2016, the Director of Finance shall certify the memoranda of understanding that include employer and employee contributions for prefunding health and dental benefits, and have been approved by the Legislature and the bargaining unit membership. Upon certification, the Director of Finance shall determine the proportionate share of this appropriation based on the actuarially determined liabilities of other postemployment benefits for each bargaining unit included in the certification, and notify the Controller's office, which shall provide the amount specified by the Director of Finance to the designated state subaccount of the Annuitants’ Health Care Coverage Fund, as defined in Section 22940 of the Government Code. -3. -This appropriation is available for expenditure or encumbrance until June 30, 2017. -SEC. 5. -Section 39.00 of the Budget Act of 2015 is amended to read: -SEC. 39.00. -The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 94, AB 95, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB 125, AB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB 133, AB 134, AB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, -SB 86, -SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 93, SB 94, SB 95, SB 96, SB 98, SB 99, SB 100, SB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2015 took effect. -SEC. 6. -This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately. -SECTION 1. -It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","The Budget Act of 2015 appropriated specified amounts for the support of state government for the 2015–16 fiscal year. -This bill would amend the Budget Act of 2015 by adding and amending items of appropriation. -This bill would declare that it is to take effect immediately as a Budget Bill. -This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","An act relating to the Budget Act of 2015. -An act to amend the Budget Act of 2015 (Chapters 10 and 11 of the Statutes of 2015), by amending Item 6440-001-0001 of, and adding Items 2660-013-0001, 3970-001-0001, and 9651-001-0001 to, Section 2.00 of, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill." -21,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12439 of the Government Code is repealed. -SEC. 2. -Section 22775 of the Government Code is amended to read: -22775. -“Family member” means an employee’s or annuitant’s spouse or domestic partner and any child, including an adopted child, a stepchild, or recognized natural child. The board shall, by regulation, prescribe age limits and other conditions and limitations pertaining to children. “Family member” does not include a former spouse or former domestic partner of an employee or annuitant. -SEC. 3. -Section 22781 of the Government Code is amended to read: -22781. -“Prefunding” means the making of periodic payments by an employer or employee to partially or completely fund or amortize the actuarially determined normal costs or unfunded actuarial obligation of the employer for postemployment health care benefits provided to annuitants and their family members. -SEC. 4. -Section 22843.1 is added to the Government Code, to read: -22843.1. -(a) Pursuant to standards established by the Department of Human Resources, the employing office of a state employee or state annuitant shall possess documentation verifying eligibility of an employee’s or annuitant’s family member prior to the enrollment of a family member in a health benefit plan. The employing office shall maintain the verifying documentation in the employee or annuitant’s official personnel or member file. -(b) The employing office of the state employee or state annuitant shall obtain verifying documentation to substantiate the continued eligibility of family members as follows: -(1) At least once every three years for the following family members: -(A) Spouses. -(B) Domestic partners. -(C) Children and stepchildren. -(D) Domestic partner children. -(2) At least once annually for other children for whom the state employee or state annuitant has assumed a parent-child relationship. -(c) For purposes of this section, the Public Employees’ Retirement System is the employing office of a state annuitant. -SEC. 5. -Section 22844 of the Government Code is amended to read: -22844. -(a) Employees, annuitants, and family members who become eligible to enroll on or after January 1, 1985, in Part A and Part B of Medicare shall not be enrolled in a basic health benefit plan. If the employee, annuitant, or family member is enrolled in Part A and Part B of Medicare, he or she may enroll in a Medicare health benefit plan. -(b) Employees, annuitants, and family members enrolled in a prescription drug plan under Part D of Medicare shall not be enrolled in a board-approved health benefit plan. This subdivision does not apply to an individual enrolled in a board-approved or offered health benefit plan that provides a prescription drug plan or qualified prescription drug coverage under Part D of Medicare as part of its benefit design. -(c) This section does not apply to employees and family members that are specifically excluded from enrollment in a Medicare health benefit plan by federal law or federal regulation. -(d) The board shall not grant any further exemptions to this section after July 1, 2015. -SEC. 6. -Section 22865 of the Government Code is amended to read: -22865. -Not later than 30 days prior to the approval of benefits and premium readjustments authorized under Section 22864, the board shall provide an initial estimate of proposed changes and costs in writing to the Joint Legislative Budget Committee, the chairpersons of the committees and subcommittees in each house of the Legislature that consider the Public Employees’ Retirement System’s budget and activities, the State Controller, the Trustees of the California State University, the Department of Human Resources, the Director of Finance, and the Legislative Analyst. -SEC. 7. -Section 22866 of the Government Code is amended to read: -22866. -(a) The board shall report to the Legislature and the Director of Finance annually, on November 1, regarding the health benefits program. The report shall include, but not be limited to the following: -(1) General overview of the health benefits program, including, but not limited to, the following: -(A) Description of health plans and benefits provided, including essential and nonessential benefits as required by state and federal law, member expected out-of-pocket expenses, and actuarial value by metal tier as defined by the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). -(B) Geographic coverage. -(C) Historic enrollment information by basic and Medicare plans, by state and contract agencies, by active and retired membership, and by subscriber and dependent tier. -(D) Historic expenditures by basic and Medicare plans, by state and contract agencies, by active and retired membership, and by subscriber and dependent tier. -(2) Reconciliation of premium increases or decreases from the prior plan year, and the reasons for those changes. -(A) Description of benefit design and benefit changes, including prescription drug coverage, by plan. The description shall detail whether benefit changes were required by statutory mandate, federal law, or an exercise of the board’s discretion, the costs or savings of the benefit change, and the impact of how the changes fit into a broader strategy. -(B) Discussion of risk. -(C) Description of medical trend changes in aggregate service categories for each plan. The aggregate service categories used shall include the standard categories of information collected by the board, consisting of the following: inpatient, emergency room, ambulatory surgery, office, ambulatory radiology, ambulatory lab, mental health and substance abuse, other professional, prescriptions, and all other service categories. -(D) Reconciliation of past year premiums against actual enrollments, revenues, and accounts receivables. -(3) Overall member health as reflected by data on chronic conditions. -(4) The impact of federal subsidies or contributions to the health care of members, including Medicare Part A, Part B, Part C, or Part D, low-income subsidies, or other federal program. -(5) The cost of benefits beyond Medicare contained in the board’s Medicare supplemental plans. -(6) A description of plan quality performance and member satisfaction, including, but not limited to, the following: -(A) The Healthcare Effectiveness Data and Information Set, referred to as HEDIS. -(B) The Medicare star rating for Medicare supplemental plans. -(C) The degree of satisfaction of members and annuitants with the health benefit plans and with the quality of the care provided, to the extent the board surveys participants. -(D) The level of accessibility to preferred providers for rural members who do not have access to health maintenance organizations. -(E) Other applicable quality measurements collected by the board as part of the board’s health plan contracts. -(7) A description of risk assessment and risk mitigation policy related to the board’s self-funded and flex-funded plan offerings, including, but not limited to the following: -(A) Reserve levels and their adequacy to mitigate plan risk. -(B) The expected change in reserve levels and the factors leading to this change. -(C) Policies to reduce excess reserves or rebuild inadequate reserves. -(D) Decisions to lower premiums with excess reserves. -(E) The use of reinsurance and other alternatives to maintaining reserves. -(8) Description and reconciliation of administrative expenditures, including, but not limited to, the following: -(A) Organization and staffing levels, including salaries, wages, and benefits. -(B) Operating expenses and equipment expenditure items, including, but not limited to, internal and external consulting and intradepartmental transfers. -(C) Funding sources. -(D) Investment strategies, historic investment performance, and expected investment returns of the Public Employees’ Contingency Reserve Fund and the Public Employees’ Health Care Fund. -(9) Changes in strategic direction and major policy initiatives. -(b) A report submitted pursuant to subdivision (a) shall be provided in compliance with Section 9795. -SEC. 8. -Section 22940 of the Government Code is amended to read: -22940. -(a) There is in the State Treasury the Annuitants’ Health Care Coverage Fund that is a trust fund and a retirement fund, within the meaning of Section 17 of Article XVI of the California Constitution. Subject to the limitation provided in subdivision (b), notwithstanding Section 13340, all moneys in the fund are continuously appropriated without regard to fiscal years to the board for expenditure for the prefunding of health care coverage for annuitants pursuant to this part, including administrative costs. The board has sole and exclusive control and power over the administration and investment of the Annuitants’ Health Care Coverage Fund and shall make investments pursuant to Part 3 (commencing with Section 20000). -(b) (1) Moneys accumulated in the designated state subaccounts of the fund, or a successor fund, that are derived from investment income shall not be used to pay benefits for state annuitants and dependents until the earlier of: -(A) With regard to a particular designated state subaccount, the date the funded ratio of the designated state subaccount reaches at least 100 percent as determined in that employer’s postemployment benefits actuarial valuation and then only for the purpose of paying benefits for state annuitants and dependents associated with that subaccount. -(B) July 1, 2046. -(2) For purposes of this subdivision, “designated state subaccount” means a separate account maintained within the fund to identify prefunding contributions and assets attributable to a specified state collective bargaining unit or other state entity for the purpose of providing benefits to state annuitants and dependents associated with a specified collective bargaining unit or other state entity. -(3) This subdivision shall not be construed as prohibiting an alternative funding strategy agreed to in a written memorandum of understanding. -SEC. 9. -This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","(1) The Public Employees’ Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees’ Retirement System, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their families. PEMHCA defines “family member” for these purposes. PEMHCA authorizes the board to contract with carriers offering health benefit plans and prohibits employees, annuitants, and their family members who are eligible for Medicare, as specified, from enrolling in a basic health benefit plan. PEMHCA requires the board to make certain notifications and reports to the Legislature in connection with health benefit plans offered pursuant to its provisions. -This bill would clarify the definition of family for the purposes of PEMHCA by specifically excluding former spouses and former domestic partners. The bill would require the employing office, as specified, of a state employee or state annuitant, pursuant to standards established by the Department of Human Resources, to possess documentation verifying eligibility of an employee’s family member prior to the enrollment of a family member in a health benefit plan and to verify continued eligibility pursuant to a specified schedule. The bill would prohibit the board from granting further exceptions to the rule against enrolling employees, annuitants, and their family members who are eligible for Medicare, as specified, in a basic health benefit plan. The bill would revise the entities to which the board is required to provide notification of approval of proposed benefit and premium readjustments to exclude the Legislature as a whole and to instead require provision of an initial estimate of proposed changes in writing to the Joint Legislative Budget Committee, the chairpersons of the committees and subcommittees in each house of the Legislature that consider the Public Employees’ Retirement System’s budget and activities, the Controller, the Director of Finance, and the Legislative Analyst. The bill would specify the latest date that this notification may take place. The bill would require the board to provide a specified, detailed report to the Legislature and the Director of Finance annually, on November 1, regarding the health benefit plans it provides. -(2) PEMHCA establishes the Annuitants’ Health Care Coverage Fund, which is continuously appropriated for the purpose of prefunding of health care coverage for annuitants, including administrative costs. PEMHCA defines “prefunding” for these purposes. -This bill would prohibit the use of certain state funds in the Annuitants’ Health Care Coverage Fund for the payment of benefits until the earlier of 2 specified dates. The bill would revise the definition of prefunding to include employee as well as employer payments and to provide that payments may fund the actuarially determined normal costs of postemployment health care benefits. By providing a new funding source for a continuously appropriated fund, this bill would make an appropriation. -(3) Existing law prescribes the duties of the Controller, which generally regard supervision of the fiscal concerns of the state. Existing law requires the Controller to abolish a state position that is vacant for 6 consecutive monthly pay periods on the following July 1, and permits the Director of Finance to authorize reestablishment of a position abolished pursuant to this authority under certain conditions. Among other things, existing law requires the Controller to reestablish a position abolished pursuant to this authority if the director of the department in which that position existed prior to abolishment makes a certification by August 15, as specified. -This bill would repeal the provisions pertaining to vacant positions described above. -This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to amend Sections 22775, 22781, 22844, 22865, 22866, and 22940 of, to add Section 22843.1 to, and to repeal Section 12439 of, the Government Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget." -22,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 89724 of the Education Code is amended to read: -89724. -(a) All money received in accordance with the following shall be appropriated for the support of the California State University in addition to other amounts as may be appropriated by the Legislature: -(1) All money received from the sale of California State University publications. -(2) All money received under an agreement entered into pursuant to Section 89036. -(3) Except as to the fees and charges specified in subdivisions (g) and (h) of Section 89721, all money collected as fees from students of the California State University and received from other persons under Sections 89030, 89036 to 89039, inclusive, 89700, 89705, 89708, 89709, 89720, and 89721, and money received pursuant to Section 2080.8 of the Civil Code. -(b) Money received under Sections 89720 and 89721, or received pursuant to Section 2080.8 of the Civil Code, is appropriated pursuant to subdivision (a) without regard to fiscal year. Money received pursuant to Section 2080.8 of the Civil Code shall be used for student scholarships and loans pursuant to any regulations the trustees shall -provide, and while held pending the grant of a scholarship or loan, may be invested by the Treasurer upon approval of the trustees, in those eligible securities listed in Section 16430 of the Government Code. All interest or other earnings received pursuant to that investment shall also be used for those scholarships and loans. -provide. -Money received pursuant to Sections 89720 and 89721 may be invested, upon approval of the trustees, by the Treasurer or by the chief fiscal officer of a campus of the California State University, in those eligible securities listed in Section 16430 of the Government Code. Money received -under Sections 89720 and 89721, and received -pursuant to Section 2080.8 of the Civil Code, may -also -be invested, upon approval of the trustees and in accordance with Section 89726, by the chief fiscal officer of a campus of the California State University, in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. All interest and other earnings received pursuant to the investment of money received pursuant to Sections 89720 and 89721 shall also be used for such purposes as may be established by the trustees consistent with the terms and conditions of the gift, bequest, devise, donation, or agreement under Sections 89720 and 89721. Except as otherwise provided with respect to money received pursuant to Section 2080.8 of the Civil Code and Sections 89720 and 89721, all money received pursuant to this section shall augment the support appropriation to the California State University for the fiscal year to which the collections apply. -(c) All money received from the sale or the disposition of real property acquired by or on behalf of a campus of the California State University by gift, devise, or donation pursuant to Section 89720 or pursuant to the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for the acquisition and improvement of real property for the campus, in addition to any other amounts appropriated by the Legislature. All money received from the sale or other disposition of personal property, other than money, acquired by or on behalf of a campus of the California State University by gift, bequest, or donation pursuant to Section 89720 or the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for, or the acquisition and improvement of real or personal property for, the campus, in addition to other amounts appropriated by the Legislature. No money shall be expended by the trustees under this subdivision without the approval of the Director of Finance. The money shall augment the support or capital outlay appropriation of the California State University current at the date of issuance of the Controller’s receipt as may be designated by the trustees prior to -their deposit -the deposit of that money -in the State Treasury. -SEC. 2. -Section 89725 of the Education Code is amended to read: -89725. -(a) Notwithstanding any law to the contrary, grants, revenues, and funds of any nature received by the trustees for research, workshops, conferences, institutes, and special projects from the state, federal government, local government, or private persons, may be transmitted to the Treasurer and, if transmitted, shall be deposited in the California State University Special Projects Fund, which is hereby established in the State Treasury. -(b) All grants, revenues, and funds deposited in the California State University Special Projects Fund are appropriated without regard to fiscal year to the trustees for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University. -(c) Provision shall be made by the trustees for reimbursements to the General Fund for the cost of space and services furnished to projects funded by the California State University Special Projects Fund. -(d) Notwithstanding any law to the contrary, the trustees shall have authority to establish the rules and procedures under which the fund shall operate. All expenditures shall be made in accordance with the rules and procedures, without prior approval of the Department of General Services or the Department of Finance. Expenditures from the fund shall be audited as frequently as the Audits Division of the Department of Finance deems appropriate. -(e) -(1)Except as provided in paragraph (2), moneys -Moneys -in the California State University Special Projects Fund may be invested by the Treasurer or by the chief fiscal officer of a campus of the California State University, upon approval of the trustees, -only -in eligible securities listed in Section 16430 of the Government -Code. -(2)Money received pursuant to Section 2080.8 of the Civil Code, may be invested, upon approval of the trustees and -Code, or, -in accordance with Section 89726, -by the Treasurer or by the chief fiscal officer of a campus of the California State University, -in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange -Commission, -Commission -or in real estate investment trusts. All interest or other earnings received pursuant to those investments shall be collected by the Treasurer and shall be deposited in the fund. -SEC. 3. -Section 89726 is added to the Education Code, to read: -89726. -(a) (1) The trustees may invest in securities or investments not listed in Section 16430 of the Government Code only if the trustees have established a committee to provide advice and expertise on investments. -(2) A majority of the members of the committee shall be individuals who have investment expertise and who are not -trustees. -employees of the California State University. -(3) The trustees shall allow the Treasurer to serve as a member of the committee or to appoint a deputy treasurer to serve as a member of the committee. -(b) The total amount invested in securities or investments not listed in Section 16430 of the Government Code shall not exceed the following amounts: -(1) In the fiscal year ending June 30, 2017, two hundred million dollars ($200,000,000). -(2) In the fiscal year ending June 30, 2018, four hundred million dollars ($400,000,000). -(3) In the fiscal year ending June 30, 2019, six hundred million dollars ($600,000,000). -(4) In the fiscal year ending June 30, 2020, and each fiscal year thereafter, thirty percent of all moneys invested pursuant to Sections 89724 and 89725. -(c) (1) The trustees shall receive an investment performance report quarterly and distribute an annual report to the Legislature, in compliance with Section 9795 of the Government Code, and the Department of Finance. -(2) The investment performance reports shall include investment returns, comparisons to benchmarks, holdings, market values, and fees. -(d) Any additional moneys earned through investments in securities or investments not listed in Section 16430 of the Government Code shall be used only for capital outlay or maintenance. -(e) The trustees shall not submit a request to the Department of Finance or the Legislature for any funds to compensate for investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code. -(f) The trustees shall not cite investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code to justify approval of an increase in student tuition or fees.","Existing law authorizes the Treasurer or chief fiscal officer of a campus of the California State University to invest certain money received by the California State University in eligible securities and in investment certificates or withdrawal shares in federal or state credit unions doing business in this state as long as any money invested in this manner is fully insured by the National Credit Union Administration. -This bill would authorize the Treasurer or chief fiscal officer of a campus of the California State University to invest -certain of those moneys -that money -in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. The bill would impose specified requirements on the Trustees of the California State University relating to those types of investments. -Existing law establishes the California State University Special Projects Fund, which consists of grants, revenues, and funds for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University. Existing law authorizes the Treasurer to invest money from the fund in eligible securities. -This bill would authorize the Treasurer or chief fiscal officer of a campus of the California State University to invest the money in the California State University Special Projects Fund in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. -This bill would limit the total amount invested in these mutual funds and real estate investment trusts to specified amounts for each fiscal year, until, commencing with the 2019–20 fiscal year, up to 30% of that money could be invested in these asset categories.","An act to amend Sections 89724 and 89725 of, and to add Section 89726 to, the Education Code, relating to the California State University." -23,"The people of the State of California do enact as follows: - - -SECTION 1. -Section -12803.2.5 -13295.6 -is added to the Government Code, to read: -12803.2.5. -13295.6. -(a) The -Secretary of Government Operations shall contract with an independent, third-party consulting firm to -Office of State Audits and Evaluations within the Department of Finance shall -assess the degree to which each activity and position related to the energy responsibilities of the Public Utilities Commission, as identified in the commission’s zero-based budget conducted pursuant to Section 318 of the Public Utilities Code, supports the core mission of the commission and to make recommendations as to how resources might be better allocated to achieve the core mission objectives of the commission. -(b) The -contracted consulting firm -office -shall provide to the Joint Legislative Budget Committee -and the Department of Finance -monthly updates on the progress of the assessment. -(c) (1) By April 1, 2016, the -Secretary of Government Operations -office -shall, pursuant to Section 9795, submit to the Legislature a report on the assessment. -(2) Pursuant to Section 10231.5, this subdivision is inoperative on April 1, 2020. -(d) The Public Utilities Commission shall reimburse the -Government Operations Agency -Department of Finance -for the costs incurred pursuant to this section upon request by the -agency -department -and appropriation by the Legislature. -SEC. 2. -Section 25751 of the Public Resources Code is amended to read: -25751. -(a) The Renewable Resource Trust Fund is hereby created in the State Treasury. -(b) The Emerging Renewable Resources Account is hereby established within the Renewable -Resources -Resource -Trust Fund. Notwithstanding Section 13340 of the Government Code, the moneys in the account are hereby continuously appropriated to the commission without regard to fiscal years for the following purposes: -(1) To close out the award of incentives for emerging technologies in accordance with former Section 25744, as this law existed prior to the enactment of the Budget Act of 2012, for which applications had been approved before the enactment of the Budget Act of 2012. -(2) To close out consumer education activities in accordance with former Section 25746, as this law existed prior to the enactment of the Budget Act of 2012. -(3) To provide funding for the New Solar Homes Partnership pursuant to paragraph (3) of subdivision (e) of Section 2851 of the Public Utilities Code. -(c) The Controller shall provide to the commission funds pursuant to the continuous appropriation in, and for purposes specified in, subdivision (b). -(d) The Controller shall provide to the commission moneys from the fund sufficient to satisfy all contract and grant awards that were made by the commission pursuant to former Sections 25744 and 25746, and Chapter 8.8 (commencing with Section 25780), as these laws existed prior to the enactment of the Budget Act of 2012. -(e) If the Public Utilities Commission determines that the State Energy Resources Conservation and Development Commission should be the third-party administrator for the New Solar Homes Partnership Program pursuant to subparagraph (A) of paragraph (3) of subdivision (e) of Section 2851 of the Public Utilities Code, any additional moneys made available to fund the New Solar Homes Partnership Program shall be deposited into the Emerging Renewable Resources Account of the Renewable Resource Trust Fund and used for this purpose. -SEC. 3. -Section 306 of the Public Utilities Code is amended to read: -306. -(a) The office of the commission shall be in the City and County of San Francisco. The office shall always be open, legal holidays and nonjudicial days excepted. The commission shall hold its sessions at least once in each calendar month in the City and County of San -Francisco. -Francisco or the City of Sacramento. -The commission may also meet at such other times and in such other places as may be expedient and necessary for the proper performance of its duties, and for that purpose may rent quarters or offices. -(b) The meetings of the commission shall be open and public in accordance with the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. -In addition to the requirements of Section 11125 of the Government Code, the commission shall include in its notice of meetings the agenda of business to be transacted, and no item of business shall be added to the agenda subsequent to the notice in the absence of an unforeseen emergency situation. A rate increase shall not constitute an unforeseen emergency situation. As used in this subdivision, “meeting” shall include all investigations, proceedings, and showings required by law to be open and public. -(c) The commission shall have a seal, bearing the inscription “Public Utilities Commission State of California.” The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct. -(d) The commission may procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus, and appliances. -SEC. 4. -Section 307.1 is added to the Public Utilities Code, to read: -307.1. -(a) The commission shall notify the Joint Legislative Budget Committee when it enters into a contract for outside legal counsel to represent the commission in any criminal investigation at an expense exceeding one million dollars ($1,000,000) and shall provide a copy of the contract to that committee within 10 days of it being approved by the Department of General Services. -(b) A contract of any size entered into by the commission for outside legal counsel in any criminal investigation shall not include terms providing for the representation of individual employees except as provided in Section 995.9 of the Government Code. Copies of any contract for the representation of individual employees in a criminal investigation pursuant to Section 995.9 of the Government Code shall be provided to the Joint Legislative Budget Committee within 10 days of the date the contract is approved by the Department of General Services. -SEC. 2. -SEC. 5. -Section 309.5 of the Public Utilities Code is amended to read: -309.5. -(a) There is within the commission an independent Office of Ratepayer Advocates to represent and advocate on behalf of the interests of public utility customers and subscribers within the jurisdiction of the commission. The goal of the office shall be to obtain the lowest possible rate for service consistent with reliable and safe service levels. For revenue allocation and rate design matters, the office shall primarily consider the interests of residential and small commercial customers. -(b) (1) The director of the office shall be appointed by, and serve at the pleasure of, the Governor, subject to confirmation by the Senate. -(2) The director shall annually appear before the appropriate policy committees of the Assembly and the Senate to report on the activities of the office. -(c) The director shall develop a budget for the office that shall be subject to final approval of the Department of Finance. As authorized in the approved budget, the office shall employ personnel and resources, including attorneys and other legal support staff, at a level sufficient to ensure that customer and subscriber interests are effectively represented in all significant proceedings. The office may employ experts necessary to carry out its functions. The director may appoint a lead attorney who shall represent the office, and shall report to and serve at the pleasure of the director. -(d) The commission shall coordinate with the office to develop appropriate procedures to ensure that the existence of the office does not create a conflict of roles for any employee. The procedures shall include, but shall not be limited to, the development of a code of conduct and procedures for ensuring that advocates and their representatives on a particular case or proceeding are not advising decisionmakers on the same case or proceeding. -(e) The office may compel the production or disclosure of any information it deems necessary to perform its duties from any entity regulated by the commission, provided that any objections to any request for information shall be decided in writing by the assigned commissioner or by the president of the commission, if there is no assigned commissioner. -(f) There is hereby created the Public Utilities Commission Ratepayer Advocate Account in the General Fund. Moneys from the Public Utilities Commission Utilities Reimbursement Account in the General Fund shall be transferred in the annual Budget Act to the Public Utilities Commission Ratepayer Advocate Account. The funds in the Public Utilities Commission Ratepayer Advocate Account shall be a budgetary program fund administered and utilized exclusively by the office in the performance of its duties as determined by the director. The director shall annually submit a staffing report containing a comparison of the staffing levels for each five-year period. -(g) On or before January 10 of each year, the office shall provide to the chairperson of the fiscal committee of each house of the Legislature and to the Joint Legislative Budget Committee all of the following information: -(1) The number of personnel years utilized during the prior year by the Office of Ratepayer Advocates. -(2) The total dollars expended by the Office of Ratepayer Advocates in the prior year, the estimated total dollars expended in the current year, and the total dollars proposed for appropriation in the following budget year. -(3) Workload standards and measures for the Office of Ratepayer Advocates. -(h) The office shall meet and confer in an informal setting with a regulated entity prior to issuing a report or pleading to the commission regarding alleged misconduct, or a violation of a law or a commission rule or order, raised by the office in a complaint. The meet and confer process shall be utilized in good faith to reach agreement on issues raised by the office regarding any regulated entity in the complaint proceeding. -SEC. 3. -Section 326.6 is added to the -Public Utilities Code -, to read: -326.6. -The commission shall not fund any program by a state entity using charges collected from ratepayers unless expressly authorized to do so by statute enacted by the Legislature, including the annual Budget Act. -SEC. 4. -SEC. 6. -Section 326.7 is added to the Public Utilities Code, to read: -326.7. -The -commission, -Department of Finance, -on a semiannual basis, shall provide to the Joint Legislative Budget Committee a written notification of any redirection of funds and -positions, -positions within the commission, -including -any -loaning -of -staff to other state agencies or departments. -SEC. 5. -SEC. 7. -Section 327.5 is added to the Public Utilities Code, to read: -327.5. -(a) The California Research Bureau shall conduct a review of the organization of the commission to ensure that the commission is the best governmental entity to continue to direct, regulate, and oversee activities under the commission’s jurisdiction, including safety enforcement, in energy, communications, transportation, and water sectors, to determine whether other governmental entities are duplicating the activities of the commission, and to determine whether other governmental entities are better situated to regulate and oversee those activities. -(b) In conducting the review, the California Research Bureau, in consultation with appropriate state entities, shall do all of the following: -(1) Make recommendations as to which state or local agencies are best suited to regulate and oversee those activities specified in subdivision (a). -(2) Make recommendations for improving oversight, regulation, and efficiency to best serve California’s ratepayers, businesses, and utilities. -(3) Estimate the costs associated with the implementation of its recommendations. -SEC. 8. -Section 769.5 is added to the Public Utilities Code, to read: -769.5. -(a) By April 1, 2016, the commission shall establish an expedited distribution grid interconnection dispute resolution process with the goal of resolving disputes over interconnection applications that are within the jurisdiction of the commission in no more than 60 days from the time the dispute is formally brought to the commission. -(b) The expedited distribution grid interconnection dispute resolution process shall include the following elements: -(1) A distribution grid interconnection technical advisory panel consisting of at least eight individuals selected by the commission. Four of the technical advisory panel members shall be from electrical corporations and four shall not be from electrical corporations. The commission shall determine the length of the term of each member. If any member of the panel is an employee of, or contractor to, an electrical corporation, an employee of a vendor with an open application, or has a financial interest or financial relationship to a person or corporation with a financial interest in the outcome of the decision, that member shall not participate in any discussion involving that electrical corporation, vendor, or financially interested person or corporation. -(2) A review panel of four members shall be selected from the technical advisory panel for each dispute. -(3) If an applicant is unable to resolve an interconnection-related dispute after working with the electrical corporation operating the distribution grid, the applicant may seek resolution of the dispute using the commission’s expedited distribution grid interconnection dispute resolution process. -(4) Upon agreeing to a final settlement of the dispute, parties shall be free to withdraw from the dispute resolution process. -(5) If the dispute is filed with the commission, the commission shall ensure that a technical advisory panel shall review the dispute and make a recommendation to the executive director of the commission within 30 days of receiving the dispute. -(6) The commission shall establish a public process to allow the electrical corporation, the applicant, and other interested parties to file written comments on the recommendation of the technical advisory panel. -(7) The panel shall request appropriate documents from the electrical corporation involved in the dispute, including, but not limited to, interconnection application studies. -(8) The scope of the technical advisory panel’s review shall be limited to issues regarding compliance with the established interconnection rules. Any recommendations shall ensure safe and reliable interconnection. -(9) The scope of the technical advisory panel’s review is limited to making recommendations to resolve specific customer disputes and recommending associated corrective actions, and the panel shall have no authority to assess penalties. -(10) Upon receipt of the recommendation from the technical advisory panel, the executive director shall have 30 days to review the recommendation and to prepare an order to the electrical corporation resolving the dispute. If the review panel from the technical advisory panel cannot agree on recommendations, then each recommendation of a review panel member shall be submitted to the executive director, who shall make the decision resolving the dispute. -(11) Any interested person seeking commission review of the executive director’s determination shall file the request for review within 10 days of the determination. Upon receipt of the request for review, the executive director or the energy division director shall prepare a proposed resolution of the matter for approval by the commission. -(c) The commission shall provide the members of the technical advisory panel that are not from electrical corporations with an appropriate per diem compensation consistent with Section 19822.5 of the Government Code. -SEC. 6. -SEC. 9. -The Public Utilities Commission shall report to the relevant policy and fiscal committees of the Legislature on the outcomes of the California Hub for Energy Efficiency Financing, or CHEEF, program. The commission shall not approve any extension of the CHEEF program sooner than 30 days after making its report pursuant to this section. -SEC. 7. -SEC. 10. -The sum of five million dollars ($5,000,000) is hereby appropriated from the Public Utilities Commission Utilities Reimbursement Account to the Public Utilities Commission for the support of the commission. -SEC. 8. -SEC. 11. -This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","The California Constitution establishes the Public Utilities Commission -(PUC) -with jurisdiction over all public utilities, authorizes the -commission -PUC -to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process, and authorizes the -commission -PUC -to fix the rates and establish rules for public utilities, subject to control by the Legislature. -The -The Public Utilities Act provides that the office of the PUC shall be in the City and County of San Francisco, requires that the PUC hold its sessions at least once in each calendar month in the City and County of San Francisco, and authorizes the PUC to also meet at those other times and places as may be expedient and necessary for the proper performance of its duties. -This bill would require that the PUC hold its sessions at least once in each calendar month in the City and County of San Francisco or the City of Sacramento. -The Public Utilities Act authorizes the PUC to appoint an attorney for the PUC who holds that office at the pleasure of the PUC. The act requires the PUC’s attorney to commence, prosecute, and expedite the final determination of all actions and proceedings directed or authorized by the president, except as otherwise directed or authorized by vote of the PUC, to advise the PUC and each commissioner in regard to all matters in connection with the powers and duties of the PUC or a commissioner, when requested, and generally to perform all duties and services as attorney to the PUC that the president, or vote of the PUC, may require of him or her. -This bill would require the PUC to notify the Joint Legislative Budget Committee when it enters into a contract for outside legal counsel to represent the PUC in any criminal investigation at an expense exceeding $1,000,000 and to provide a copy of the contract to that committee within 10 days of it being approved by the Department of General Services. -Existing law provides that upon request made in writing to a public entity, that public entity may, in its discretion, defend or indemnify or defend and indemnify any witness who has testified on behalf of the public entity in any criminal, civil, or administrative action, except as specified. -This bill would prohibit the PUC from including in a contract for outside legal counsel terms providing for the representation in any criminal matter of individual employees except as provided in the above-described law. The bill would require the PUC to supply the Joint Legislative Budget Committee with a copy of the contract to represent an individual employee in a criminal investigation pursuant to the above-described law within 10 days of the date the contract is approved by the Department of General Services. -The -Public Utilities Act establishes an independent Office of Ratepayer Advocates within the -Public Utilities Commission, -PUC -to represent the interests of public utility customers and subscribers, with the goal of obtaining the lowest possible rate for service consistent with reliable and safe service levels. Existing law requires the director of the office to develop a budget for the office that is submitted to the Department of Finance for final approval. Existing law authorizes the director of the office to appoint a lead attorney to represent the office and requires the lead attorney to obtain adequate legal personnel for the work to be conducted by the office from the -Public Utilities Commission’s -PUC’s -attorney and requires the -Public Utilities Commission’s -PUC’s -attorney to timely and appropriately fulfill all requests for legal personnel made by the lead attorney for the office, provided the office has sufficient moneys and positions in its budget for the services requested. Existing law requires the -commission -PUC -to develop appropriate procedures to ensure that the existence of the office does not create a conflict of roles for any employee. -This bill would delete the requirement that the lead attorney obtain adequate legal personnel for the work to be conducted by the office from the -Public Utilities Commission’s -PUC’s -attorney and the requirement that the -Public Utilities Commission’s -PUC’s -attorney timely and appropriately fulfill all requests for legal personnel made by the lead attorney for the office. The bill would require the -commission -PUC -to coordinate with the office in developing appropriate procedures to ensure that the existence of the office does not create a conflict of roles for any employee. -The California Constitution provides that the Legislature has plenary power, unlimited by the other provisions of the constitution, to confer additional authority and jurisdiction upon the commission that is cognate and germane to the regulation of public utilities. The Public Utilities Act authorizes the commission to supervise and regulate every public utility and to do all things that are necessary and convenient in the exercise of its power and jurisdiction whether specifically designated in the act or in addition thereto. -This bill would prohibit the commission from funding any program by a state entity using charges collected from public utility ratepayers unless expressly authorized to do so by statute enacted by the Legislature, including the annual Budget Act. -Existing law requires the -commission -PUC -to submit to the Joint Legislative Budget Committee reports on all sources and amount of funding and actual and proposed expenditures for various activities. -This bill would require the -commission, -Department of Finance, -on a semiannual basis, to provide the Joint Legislative Budget Commission a written notification of any redirection of funds and -positions, -positions within the PUC, -including -any -loaning -of -staff to other state agencies or departments. The bill would require the California Research Bureau to conduct a review of the organization of the -commission -PUC -to ensure that the -commission -PUC -is the best governmental entity to direct, regulate, and oversee specified public utility sectors. -Existing decisions of the -commission -PUC -establish the California Hub for Energy Efficiency Financing, or CHEEF, program, a 2-year pilot program administered by the California Alternative Energy and Advanced Transportation Financing Authority and funded through charges collected by specified electrical corporations and gas corporations from their ratepayers. -The bill would require the commission to report to the relevant policy and fiscal committees of the Legislature on the outcomes of the CHEEF program and would prohibit the -commission -PUC -from approving any extension of the program sooner than 30 days after making its report. -Existing law establishes the Government Operations Agency consisting of certain state entities, including the Department of Human Resources, which is governed by the Secretary of Government Operations. -Existing law places various duties upon the PUC with respect to distributed generation and requires each electrical corporation, as defined, to submit to the PUC for its approval a distribution resources plan proposal to identify optimal locations for the deployment of distributed resources, as defined. Pursuant to existing law, the PUC has established operational and metering requirements for a generation facility to be interconnected to an electrical corporation’s distribution grid. -This bill would require the PUC, by April 1, 2016, to establish an expedited distribution grid interconnection dispute resolution process, as specified, with the goal of resolving disputes over interconnection applications within the jurisdiction of the PUC in no more than 60 days from the time the dispute is formally brought to the PUC. -Decisions of the PUC adopted the California Solar Initiative administered by electrical corporations and subject to the PUC’s supervision. Existing law requires the PUC and the State Energy Resources Conservation and Development Commission (Energy Commission) to undertake certain steps in implementing the California Solar Initiative and requires the PUC to ensure that the total cost over the duration of the program does not exceed $3,550,800,000. Existing law specifies that the financial components of the California Solar Initiative include the New Solar Homes Partnership Program, which is administered by the Energy Commission. Existing law requires the program to be funded by charges in the amount of $400,000,000 collected from customers of the state’s 3 largest electrical corporations. If moneys from the Renewable Resource Trust Fund for the program are exhausted, existing law authorizes the PUC, upon notification by the Energy Commission, to require those electrical corporations to continue the administration of the program pursuant to the guidelines established by the Energy Commission for the program until the $400,000,000 monetary limit is reached. Existing law authorizes the PUC to determine if a 3rd party, including the Energy Commission, should administer the electrical corporations’ continuation of the program. Existing law makes the New Solar Homes Partnership Program inoperative on June 1, 2018, and requires any funding made available be encumbered no later than June 1, 2018, and disbursed no later than December 31, 2021. -If the PUC determines that the Energy Commission should be the 3rd-party administrator for the New Solar Homes Partnership Program, this bill would require that any additional moneys made available to fund the New Solar Homes Partnership Program be deposited into the Emerging Renewable Resources Account of the Renewable Resource Trust Fund and used for this purpose. -Existing law authorizes the Department of Finance to furnish services, or provide work for, any other state agency as requested by the Legislature and authorizes the department to charge an amount sufficient to recover the cost of furnishing services or the work performed. -The -This -bill would require the -Secretary of Government Operations to contract with an independent, 3rd-party consulting firm to -Office of State Audits and Evaluations within the Department of Finance to -assess the degree to which each activity and position related to the energy responsibilities of the -commission -PUC -supports the core mission of the -commission. -PUC and to make recommendations as to how resources might be better allocated to achieve the core mission objectives of the PUC. -The bill would require the -secretary, -office, -by April 1, 2016, to submit a report to the Legislature on the assessment. -The bill would require the PUC to reimburse the department for the costs incurred by the office upon request by the department. -The bill would appropriate $5,000,000 to the -commission -PUC -for the support of the -commission. -PUC. -This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to add Section -12803.2.5 -13295.6 -to the Government Code, -to amend Section 25751 of the Public Resources Code, -and to amend -Section -Sections 306 and -309.5 of, and to add Sections -326.6, -307.1, -326.7, -and 327.5 -327.5, and 769.5 -to, the Public Utilities Code, relating to the Public Utilities Commission, and making an appropriation therefor, to take effect immediately, bill related to the budget." -24,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 208.3 is added to the Welfare and Institutions Code, to read: -208.3. -(a) For purposes of this section, the following definitions shall apply: -(1) “Juvenile facility” includes any of the following: -(A) A juvenile hall, as described in Section 850. -(B) A juvenile camp or ranch, as described in Article 24 (commencing with Section 880). -(C) A facility of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. -(D) A regional youth educational facility, as described in Section 894. -(E) A youth correctional center, as described in Article 9 (commencing with Section 1850) of Chapter 1 of Division 2.5. -(F) Any other local or state facility used for the confinement of minors or wards. -(2) “Minor” means a person who is any of the following: -(A) A person under 18 years of age. -(B) A person under the maximum age of juvenile court jurisdiction who is confined in a juvenile facility. -(C) A person under the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. -(3) “Solitary confinement” means the placement of an incarcerated person in a locked sleep room or cell alone with minimal or no contact with persons other than guards, correctional facility staff, and attorneys. Solitary confinement does not include confinement of a person in a single-person room or cell for brief periods of locked-room confinement necessary for required institutional operations, including, but not limited to, shift changes, showering, unit movements, and protection against communicable diseases with the written approval of a licensed physician for the shortest amount of time required to reduce the risk of infection in cases where a person is not required to be in an infirmary for an illness. -(4) “Voluntary time out” means a brief period of time in a sleep room or cell upon the written and signed request of the person confined in a juvenile facility. -(5) “Ward” means a person who has been declared a ward of the court pursuant to subdivision (a) of Section 602. -(b) A person confined in a juvenile facility who is an imminent danger to himself, herself, or others as a result of a mental disorder, or who is gravely disabled, as defined in subdivision (h) of Section 5008, shall not be subject to solitary confinement. -(c) A person confined in any secure state or local juvenile facility, and who is not described in subdivision (b), shall be subject to solitary confinement only if all of the following are true: -(1) The person poses an immediate and substantial risk of harm to the security of the facility, to himself or herself, or to others that is not the result of a mental disorder. -(2) All other less-restrictive options to address the risk have been attempted and exhausted. -(3) The performance of solitary confinement is done in accordance with the following guidelines: -(A) The person may be held in solitary confinement only for the minimum time required to address the risk, and for a period of time that does not compromise the mental and physical health of the minor or ward, but not to exceed four hours. After the person is held in solitary confinement, the person shall be returned to regular programming or placed in individualized programming that does not involve solitary confinement. If a person who is released from solitary confinement and is returned to regular or individualized programming poses an immediate and substantial risk of harm to himself or herself, or to others, he or she may be placed back into solitary confinement only in accordance with the protections and requirements of this section, and that confinement shall be treated as a new and separate use of solitary confinement for the purposes of subdivisions (c), (d), and (e). -(B) If a person in solitary confinement poses a risk of harm to himself or herself that is not a result of a mental disorder, the condition of the person shall be monitored closely by custody staff of the juvenile facility. -(C) The use of consecutive periods of solitary confinement in excess of four hours shall be prohibited. -(d) Solitary confinement shall not be used for the purposes of discipline, punishment, coercion, convenience, or retaliation by staff. -(e) For each incident when solitary confinement is used, each local and state juvenile facility shall document the usage of solitary confinement, including all of the following: -(1) The name, age, gender, and race of the person subject to solitary confinement. -(2) The date and time the person was placed in solitary confinement. -(3) The date and time the person was released from solitary confinement. -(4) The name and position of person authorizing the placement of the person in solitary confinement. -(5) The names of staff involved in the incident leading to the use of solitary confinement. -(6) A description of circumstances leading to use of solitary confinement. -(7) A description of alternative actions and sanctions attempted and found unsuccessful. -(8) The dates and times when staff checked in on the person when he or she was in solitary confinement, and the person’s behavior during the check. -(f) The records described in subdivisions (e) and (h), excluding any identifying information, shall be available for public inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). -(g) If a state or local juvenile facility currently documents the usage of solitary confinement consistent with the requirements imposed under subdivision (e) and meets the requirements of subdivision (f), then duplicative documentation shall not be required. -(h) A person confined in a juvenile facility may request a voluntary time out for no longer than two -hours. -hours in a 24 --hour period. -During any voluntary time out, the person -shall -may -participate in all programming and meals. The person may end his or her voluntary time out at any point upon notifying a staff member. Voluntary time outs shall be documented and include the name of the person requesting the time out, his or her signature, when the voluntary time out began, and when it ended. -(i) This section is not intended to limit the use of single-person rooms or cells for the housing of persons in juvenile facilities. -(j) This section does not apply to minors or wards in court holding facilities or adult facilities. -(k) Nothing in this section shall be construed to conflict with any law providing greater or additional protections to minors or wards. -SEC. 2. -Section 225 of the Welfare and Institutions Code is amended to read: -225. -(a) In each county there shall be a juvenile justice commission consisting of not less than 7 and no more than 15 citizens. Two or more of the members shall be persons who are 14 to 21 years of age, inclusive. Two or more of the members shall be parents or guardians of previously incarcerated youth. One member shall be a licensed psychiatrist, licensed psychologist, or licensed clinical social worker with expertise in adolescent development. Each person serving as a member of a probation committee immediately prior to September 15, 1961, shall be a member of the juvenile justice commission and shall continue to serve until his or her term of appointment as a member of the probation committee would have expired under any prior law. Upon a vacancy occurring in the membership of the commission, and upon the expiration of the term of office of any member, a successor shall be appointed by the presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court for a term of four years. If a vacancy occurs for any reason other than the expiration of a term of office, the appointee to fill the vacancy shall hold office for the unexpired term of his or her predecessor. -(b) Appointments may be made by the presiding judge of the superior court, in the same manner designated in this section for the filling of vacancies, to increase the membership of a commission to the maximum of 15 members in any county that has a commission with a membership of less than 15 members. -(c) In any county in which the membership of the commission, on the effective date of amendments to this section enacted at the 1971 Regular Session of the Legislature, exceeds the maximum number permitted by this section, no additional appointments shall be made until the number of commissioners is less than the maximum number permitted by this section. In any case, that county’s commission membership shall, on or after January 1, 1974, be no greater than the maximum number permitted by this section. -SEC. 3. -Section 226 of the Welfare and Institutions Code is amended to read: -226. -In lieu of county juvenile justice commissions, the boards of supervisors of two or more adjacent counties may agree to establish a regional juvenile justice commission consisting of not less than 10 citizens, and having a sufficient number of members so that their appointment may be equally apportioned between the participating counties. Two or more of the members shall be persons who are 14 to 21 years of age, inclusive. Two or more of the members shall be parents or guardians of previously incarcerated youth. One member shall be a licensed psychiatrist, licensed psychologist, or licensed clinical social worker with expertise in adolescent development. The presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court of each of the participating counties shall appoint an equal number of members to the regional justice commission and the members shall hold office for a term of four years. Of those first appointed, however, if the number of members appointed is an even number, one-half shall serve for a term of two years and one-half shall serve for a term of four years. If the number of members first appointed is an odd number, the greater number nearest one-half shall serve for a term of two years and the remainder shall serve for a term of four years. The respective terms of the members first appointed shall be determined by lot as soon as possible after their appointment. Upon a vacancy occurring in the membership of the commission, and upon the expiration of the term of office of any member, a successor shall be appointed by the presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court of the county that originally appointed the vacating or retiring member. If a vacancy occurs for any reason other than the expiration of a term of office, the appointee shall hold office for the unexpired term of his or her predecessor. -SEC. 4. -Section 229 of the Welfare and Institutions Code is amended to read: -229. -(a) It shall be the duty of a juvenile justice commission to inquire into the administration of the juvenile court law in the county or region in which the commission serves. For this purpose the commission shall have access to all publicly administered institutions authorized or whose use is authorized by this chapter situated in the county or region, shall inspect those institutions at least once a year, and may hold public hearings. A judge of the juvenile court may issue subpoenas requiring attendance and testimony of witnesses and production of papers at hearings of the commission. -(b) A juvenile justice commission shall annually inspect any jail, lockup, or facility within the county that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor. As a part of the annual inspection, a juvenile justice commission shall review the records of the jail, lockup, or facility relating to the use of solitary confinement, as defined in paragraph (3) of subdivision (a) of Section 208.3. The commission shall report the results of the inspection, together with its recommendations based thereon, in writing, to the juvenile court, the county board of supervisors, and to the Board of State and Community Corrections. The report shall be presented annually as part of a regularly scheduled public meeting of the county board of supervisors, and may be published on the county government’s Internet Web site. -SEC. 5. -Section 230 of the Welfare and Institutions Code is amended to read: -230. -A juvenile justice commission may recommend to any person charged with the administration of any of the provisions of this chapter those changes it has concluded, after investigation, will be beneficial. A commission may publicize its recommendations on the county government’s Internet Web site or other publicly accessible medium. -SEC. 6. -The Legislature finds and declares that Section 1 of this act, which adds Section 208.3 to the Welfare and Institutions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -In order to protect the privacy and medical information of persons confined in secure state and local juvenile facilities and held in solitary confinement, it is necessary that identifying information about those persons be kept confidential. -SEC. 7. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law permits minors who are detained in juvenile hall for habitual disobedience, truancy, or curfew violation to be held in the same facility as minors who are detained for violating any law or ordinance defining a crime, if they do not come or remain in contact with each other. Existing law also permits the detention of minors in jails and other secure facilities for the confinement of adults if the minors do not come or remain in contact with confined adults and other specified conditions are met. -Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary detention for a period of 72 hours for the evaluation of a person, including a minor who is dangerous to himself or herself or others, or gravely disabled, as defined. -This bill would prohibit a person confined in a juvenile facility who is an imminent danger to himself, herself, or others as a result of a mental disorder, or who is gravely disabled, from being subject to solitary confinement. The bill would also prohibit a person, other than a person described above, who is detained in any secure state or local juvenile facility from being subject to solitary confinement unless certain conditions are satisfied, including that the person poses an immediate and substantial risk of harm to the security of the facility, to himself or herself, or to others that is not the result of a mental disorder. The bill would permit, if those conditions are satisfied, the person to be held in solitary confinement only in accordance with specified guidelines, including that the person be held in solitary confinement only for the minimum time required to address the risk, and that does not compromise the mental and physical health of the person, but no longer than 4 hours. The bill would require each local and state juvenile facility to document the usage of solitary confinement, as prescribed. The bill would authorize a person confined in a juvenile facility to request a voluntary time out, as defined, for no longer than 2 hours -in a 24 --hour period -and would require voluntary time outs to be documented. By increasing the duties of local juvenile facilities, the bill would impose a state-mandated local program. -(2) Existing law establishes a juvenile justice commission in each county, but authorizes the boards of supervisors of 2 or more adjacent counties to agree to establish a regional juvenile justice commission in lieu of a county juvenile justice commission. Existing law specifies the membership of these commissions, including that 2 or more members shall be persons who are 14 to 21 years of age, inclusive, and that a regional juvenile justice commission shall consist of not less than 8 citizens. -This bill would increase the membership of a regional juvenile justice commission to no less than 10 members. The bill would also require that 2 or more members of a juvenile justice commission or a regional juvenile justice commission be parents or guardians of previously incarcerated youth, and one member be a licensed psychiatrist, licensed psychologist, or licensed clinical social worker with expertise in adolescent development. -Existing law requires a juvenile justice commission to annually inspect any jail or lockup that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor, and to report the results of the inspection, together with its recommendations based thereon, in writing, to the juvenile court and the Board of State and Community Corrections. -This bill would instead require a juvenile justice commission to inspect any jail, lockup, or facility that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor and would require, as a part of that inspection, a review of the records of the jail, lockup, or facility relating to the use of solitary confinement. The bill would require the commission to report the results of the inspection, together with its recommendations based thereon, in writing, to the juvenile court, the Board of State and Community Corrections, and the county board of supervisors. The bill would require the commission to annually present its report at a regularly scheduled public meeting of the county board of supervisors, and to publish the report on the county government’s Internet Web site. The bill also would authorize a commission to publicize its recommendations made to any person charged with administration of the Juvenile Court Law on the county government’s Internet Web site or other publicly accessible medium. -By increasing the duties of local commissions and county boards of supervisors, this bill would impose a state-mandated local program. -(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect. -(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 225, 226, 229, and 230 of, and to add Section 208.3 to, the Welfare and Institutions Code, relating to juveniles." -25,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature hereby finds and declares as follows: -(a) Many areas of the state are disproportionately impacted by drought because they are heavily dependent or completely reliant on groundwater from basins that are in overdraft and in which the water table declines year after year or from basins that are contaminated. -(b) There are a number of state grant and loan programs that provide financial assistance to communities to address drinking water and wastewater needs. Unfortunately, there is no program in place to provide similar assistance to individual homeowners who are reliant on their own groundwater wells and who may not be able to afford conventional private loans to undertake vital water supply, water quality, and wastewater improvements. -(c) The program created by this act is intended to bridge that gap by providing low-interest loans, grants, or both, to individual homeowners to undertake actions necessary to provide safer, cleaner, and more reliable drinking water and wastewater treatment. These actions may include, but are not limited to, digging deeper wells, improving existing wells and related equipment, addressing drinking water contaminants in the homeowner’s water, or connecting to a local water or wastewater system. -SEC. 2. -Chapter 6.6 (commencing with Section 13486) is added to Division 7 of the Water Code, to read: -CHAPTER 6.6. Water and Wastewater Loan and Grant Program -13486. -(a) The board shall establish a program in accordance with this chapter to provide low-interest loans and grants to local agencies for low-interest loans and grants to eligible applicants for any of the following purposes: -(1) Extending or connecting service lines from a water or wastewater system to the applicant’s residence or plumbing. -(2) Paying reasonable charges or fees for connecting to a water or wastewater system. -(3) Paying costs to close abandoned septic tanks and water wells, as necessary, to protect health and safety as required by local or state law. -(4) Deepening an existing groundwater well. -(5) Improving an existing groundwater well, including associated equipment. -(6) Installing a water treatment system if the groundwater exceeds a primary or secondary drinking standard, as defined in Section 116275 of the Health and Safety Code. -(b) The board may adopt any regulation it determines is necessary to carry out the purposes of the chapter. A regulation adopted pursuant to this subdivision shall not be subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. -13487. -(a) The Water and Wastewater Loan and Grant Fund is hereby created in the State Treasury. The moneys in the Water and Wastewater Loan and Grant Fund are available, upon appropriation by the Legislature, to the board for expenditure in accordance with this chapter. -(b) The following moneys shall be deposited in the Water and Wastewater Loan and Grant Fund: -(1) Moneys repaid to the board pursuant to a grant or loan made in accordance with this chapter, including interest payments. -(2) Notwithstanding Section 16475 of the Government Code, any interest earned upon the moneys in the Water and Wastewater Loan and Grant Fund. -13488. -(a) An eligible applicant for a loan shall meet all of the following criteria: -(1) Have a household income below the statewide median household income. -(2) Have an ownership interest in the residence. -(3) Be unable to obtain financial assistance at reasonable terms and conditions from private lenders and lack the personal resources to undertake these improvements. -(4) Demonstrate an ability to repay the loan. This requirement may be satisfied by having another party join the application as a cosigner. -(b) Any loan granted shall be secured by a mortgage on the residence and repaid within 20 years in accordance with terms established by the board. The interest rate on the loan shall not exceed 1 percent. While any balance on the loan is outstanding, a loan recipient shall furnish evidence of and continually maintain homeowner’s insurance on the security residence to protect the state’s interest in the residence. -(c) The board may enter into a contract with a private financial institution to provide loans consistent with the purposes of this chapter. If the board exercises this authority, the board may utilize a portion of the moneys in the Water and Wastewater Loan and Grant Fund to provide a loan guarantee or similar loss mitigation mechanism. -13489. -(a) An eligible applicant for a grant shall meet all of the following criteria: -(1) Have a household income that is 60 percent or less of the statewide median household income. -(2) Have an ownership interest in the residence. -(3) Be unable to obtain financial assistance at reasonable terms and conditions from private lenders and lack the personal resources to undertake these improvements. -(b) A grant recipient shall repay to the board the grant amount in full if that recipient sells the residence less than five years from the date that the grant agreement was signed. -(c) A grant recipient shall repay to the board any unused grant funds. -SEC. 3. -Ten million dollars ($10,000,000) is hereby transferred from the General Fund to the Water and Wastewater Loan and Grant Fund. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to provide eligible households with access to safer, cleaner, and more reliable drinking water and wastewater treatment during California’s prolonged drought, it is necessary that this act take effect immediately. -SECTION 1. -Section 21168.6.7 is added to the -Public Resources Code -, to read: -21168.6.7. -(a)For the purposes of this section “water project” means a project funded, in whole or in part, with proceeds of bonds sold pursuant to the Water Quality, Supply and Infrastructure Improvement Act of 2014 (Division 26.7 (commencing with Section 79700) of the Water Code). -(b)Notwithstanding any other law, the procedures established pursuant to subdivision (c) shall apply to an action or proceeding brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water project or the granting of any approvals for a water project. -(c)On or before July 1, 2016, the Judicial Council shall adopt a rule of court to establish procedures applicable to actions or proceedings brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water project or the granting of any project approvals that require the actions or proceedings, including any potential appeals therefrom, be resolved, to the extent feasible, within 270 days of certification of the record of proceedings pursuant to subdivision (e). -(d)(1)   The draft and final environmental impact report for a water project shall include a notice in not less than 12-point type stating the following: -THIS EIR IS SUBJECT TO SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR. -(2)The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section. -(3)Within 10 days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that report. -(4)Within 10 days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report. -(5)(A)   Within five days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation. The lead agency and applicant shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 days after the close of the public comment period. -(B)A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated. -(C)The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years experience in land use and environmental law or science, or mediation. The applicant shall bear the costs of mediation. -(D)A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute. -(E)The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency, the applicant, and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this subparagraph shall not raise the issue addressed by that measure as a basis for an action or proceeding challenging the lead agency’s decision to certify the environmental impact report or to grant one or more initial project approvals. -(6)The lead agency need not consider written comments submitted after the close of the public comment period, unless those comments address any of the following: -(A)New issues raised in the response to comments by the lead agency. -(B)New information released by the public agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents. -(C)Changes made to the project after the close of the public comment period. -(D)Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting and monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, where the lead agency releases those documents subsequent to the release of the draft environmental impact report. -(E)New information that was not reasonably known and could not have been reasonably known during the public comment period. -(7)The lead agency shall file the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152 within five days after the last initial project approval. -(e)(1)   The lead agency shall prepare and certify the record of the proceedings in accordance with this subdivision and in accordance with Rule 3.1365 of the California Rules of Court. The applicant shall pay the lead agency for all costs of preparing and certifying the record of proceedings. -(2)No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to or relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared or received by the lead agency. -(3)Notwithstanding paragraph (2), documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index must specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review. -(4)The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any such comment available to the public in a readily accessible electronic format within five days of its receipt. -(5)Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format. -(6)The lead agency shall indicate in the record of the proceedings comments received that were not considered by the lead agency pursuant to paragraph (6) of subdivision (d) and need not include the content of the comments as a part of the record. -(7)Within five days after the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152, the lead agency shall certify the record of the proceedings for the approval or determination and shall provide an electronic copy of the record to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy. -(8)Within 10 days after being served with a complaint or a petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court. -(9)Any dispute over the content of the record of the proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record shall file a motion to augment the record at the time it files its initial brief. -(10)The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6. -(f)(1)   (A)   In granting relief in an action or proceeding brought pursuant to this division, the court shall not stay or enjoin the construction or operation of a water project unless the court finds either of the following: -(i)The continued construction or operation of the water project presents an imminent threat to the public health and safety. -(ii)The water project site contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continued construction or operation of the water project unless the court stays or enjoins the construction or operation of the water project. -(B)If the court finds that clause (i) or (ii) is satisfied, the court shall only enjoin those specific activities associated with the water project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values. -(2)An action or proceeding to attack, set aside, void, or annul a determination, finding, or decision of the lead agency granting a subsequent project approval shall be subject to the requirements of Chapter 6 (commencing with Section 21165). -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","Existing law, the Safe Drinking Water State Revolving Fund Law of 1997, establishes the Safe Drinking Water State Revolving Fund to provide grants or revolving fund loans for the design and construction of projects for public water systems that will enable those systems to meet safe drinking water standards. -This bill would require the State Water Resources Control Board to establish a program to provide low-interest loans and grants to local agencies for low-interest loans and grants to eligible applicants for specified purposes relating to drinking water and wastewater treatment. This bill would create the Water and Wastewater Loan and Grant Fund and provide that the moneys in this fund are available, upon appropriation by the Legislature, to the board for expenditure for the program. This bill would transfer to the Water and Wastewater Loan and Grant Fund $10,000,000 from the General Fund. -This bill would declare that it is to take effect immediately as an urgency statute. -(1)The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA and a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency’s action on the grounds of noncompliance with CEQA. -The Water Quality, Supply, and Infrastructure Improvement Act of 2014, (Proposition 1), approved by the voters on the November 2, 2014 statewide general election, authorizes the issuance of bonds in the amount of $7,120,000,000 pursuant to the State General Obligation Bond Law to finance a water quality, supply, and infrastructure improvement program. -This bill would require the public agency, in certifying the environmental impact report and in granting approvals for projects funded, in whole or in part, by Proposition 1, including the concurrent preparation of the record of proceedings and the certification of the record of proceeding within 5 days of the filing of a specified notice, to comply with specified procedures. Because a public agency would be required to comply with those new procedures, this bill would impose a state-mandated local program. The bill would require the Judicial Council, on or before July 1, 2016, to adopt a rule of court to establish procedures applicable to actions or proceedings seeking judicial review of a public agency’s action in certifying the environmental impact report and in granting project approval for those projects that require the actions or proceedings, including any appeals therefrom, be resolved, to the extent feasible, within 270 days of the certification of the record of proceedings. The bill would prohibit a court from staying or enjoining those projects unless it makes specified findings. -(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 21168.6.7 to the Public Resources Code, relating to environmental quality. -An act to add Chapter 6.6 (commencing with Section 13486) to Division 7 of the Water Code, relating to water, and declaring the urgency thereof, to take effect immediately." -26,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2196 of the Elections Code is amended to read: -2196. -(a) (1) Notwithstanding any other provision of law, a person who is qualified to register to vote and who has a valid California driver’s license or state identification card may submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State. -(2) An affidavit submitted pursuant to this section is effective upon receipt of the affidavit by the Secretary of State if the affidavit is received on or before the last day to register for an election to be held in the precinct of the person submitting the affidavit. -(3) The affiant shall affirmatively attest to the truth of the information provided in the affidavit. -(4) For voter registration purposes, the applicant shall affirmatively assent to the use of his or her signature from his or her driver’s license or state identification card. -(5) For each electronic affidavit, the Secretary of State shall obtain an electronic copy of the applicant’s signature from his or her driver’s license or state identification card directly from the Department of Motor Vehicles. -(6) The Secretary of State shall require a person who submits an affidavit pursuant to this section to submit all of the following: -(A) The number from his or her California driver’s license or state identification card. -(B) His or her date of birth. -(C) The last four digits of his or her social security number. -(D) Any other information the Secretary of State deems necessary to establish the identity of the affiant. -(7) Upon submission of an affidavit pursuant to this section, the electronic voter registration system shall provide for immediate verification of both of the following: -(A) That the applicant has a California driver’s license or state identification card and that the number for that driver’s license or identification card provided by the applicant matches the number for that person’s driver’s license or identification card that is on file with the Department of Motor Vehicles. -(B) That the date of birth provided by the applicant matches the date of birth for that person that is on file with the Department of Motor Vehicles. -(8) The Secretary of State shall -employ -use -security measures to ensure the accuracy and integrity of voter registration affidavits submitted electronically pursuant to this section. -(b) The Department of Motor Vehicles shall -utilize -use -the electronic voter registration system required by this section to comply with its duties and responsibilities as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.). -(c) The Department of Motor Vehicles and the Secretary of State shall develop a process and the infrastructure to allow the electronic copy of the applicant’s signature and other information required under this section that is in the possession of the department to be transferred to the Secretary of State and to the county election management systems to allow a person who is qualified to register to vote in California to register to vote under this section. -(d) If an applicant cannot electronically submit the information required pursuant to paragraph (6) of subdivision (a), he or she shall nevertheless be able to complete the affidavit of voter registration electronically on the Secretary of State’s Internet Web site, print a hard copy of the completed affidavit, and mail or deliver the hard copy of the completed affidavit to the Secretary of State or the appropriate county elections official. -(e) This chapter shall become operative upon the date that either of the following occurs: -(1) The Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.). -(2) The Secretary of State executes a declaration stating that all of the following conditions have occurred: -(A) The United States Election Assistance Commission has approved the use of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301) funding to provide online voter registration in advance of the deployment of the statewide voter registration database or other federal funding is available and approved for the same purpose. -(B) The Department of Motor Vehicles and the Secretary of State have developed a process and the infrastructure necessary to implement paragraph (5) of subdivision (a). -(C) All county election management systems have been modified to receive and store electronic voter registration information received from the Secretary of State in order to allow a person who is qualified to register to vote in California to register to vote under this section. -(f) For purposes of implementing this chapter as expeditiously as possible, if it becomes operative pursuant to paragraph (2) of subdivision (e), the Secretary of State’s office shall be exempt from information technology requirements included in Sections 11545, 11546, and 11547 of the Government Code and Section 12100 of the Public Contract Code, and from information technology project and funding approvals included in any other provision of law.","Under existing law, operative when the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 or executes a declaration stating that certain conditions have occurred, a person who is qualified to register to vote and who has a valid California driver’s license or state identification card is authorized to submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State. -This bill would make technical, nonsubstantive changes to those provisions.","An act to amend Section 2196 of the Elections Code, relating to elections." -27,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 1.1 (commencing with Section 7283.60) is added to Part 1.7 of Division 2 of the Revenue and Taxation Code, to read: -CHAPTER 1.1. Voluntary Occupancy Tax Collection -7283.60. -For purposes of this chapter, the following terms have the following meanings: -(a) “Participating platform” means a platform that assumes the responsibility for collecting and remitting to a city, county, or city and county on behalf of an operator in a participating jurisdiction pursuant to this chapter, the amount of transient occupancy tax on a rental transaction that is facilitated by the platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator within a participating jurisdiction. -(b) “Participating jurisdiction” means a city, county, or city and county that has adopted a resolution that permits a participating platform to collect and remit all transient occupancy tax on rental transactions that are facilitated by the platform for any unit that is offered for occupancy for tourist or transient use for compensation to an operator within its jurisdiction and has notified the Controller pursuant to subdivision (b) of Section 7283.63, and in which a participating platform is collecting and remitting transient occupancy tax on rental transactions that are facilitated by the platform for any unit that is offered for occupancy for tourist or transient use for compensation to an operator within its jurisdiction. -(c) “Operator” means a person offering, through a platform, to make a unit available for tourist or transient use. -(d) “Personally identifiable information” means operator information and identifiable transaction-level records. “Operator information” means a taxpayer’s or operator’s identifying information, including without limitation, the taxpayer’s or operator’s name, the taxpayer’s or operator’s address, and the property address of any unit made available by an operator or occupied by a taxpayer through a participating platform. “Identifiable transaction-level records” means any information that reveals the amount of rent collected or the amount of transient occupancy tax collected with respect to any individual transaction or any individual operator. -(e) “Platform” means a marketplace that is created for the primary purpose of facilitating the rental of a unit offered for occupancy for tourist or transient use for compensation to the operator of that unit, and the owner of the marketplace derives revenues, including booking fees or advertising revenues, from providing or maintaining that marketplace. “Facilitating” includes, but is not limited to, the act of allowing the operator of the unit to offer or advertise the unit on the Internet Web site provided or maintained by the owner of the platform. -(f) “Transient occupancy tax” means a tax on the privilege of occupying a room or rooms, or other living space, in a hotel, inn, tourist home or house, motel, or other lodging unless the occupancy is for a period of more than 30 days. -7283.61. -On and after July 1, 2017, every participating platform shall collect on behalf of an operator the amount of any transient occupancy tax on every rental transaction that is facilitated by the participating platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator and is located within a participating jurisdiction. The participating platform shall remit the amount to the participating jurisdiction pursuant to applicable requirements of local ordinances governing the remission, but not the reporting, of the tax. -7283.62. -On or before March 1, 2017, the Controller shall develop and publicly notice both of the following: -(a) Procedures that a platform shall use to notify the Controller if the platform elects to, or discontinues its election to, become a participating platform. -(b) Procedures that a city, county, or city and county shall use to notify the Controller if the city, county, or city and county elects to, or discontinues its election to, become a participating jurisdiction. -7283.63. -(a) On or before March 1, 2017, a platform may elect to become a participating platform by using the procedures developed pursuant to subdivision (a) of Section 7283.62 to notify the Controller of the platform’s election. -(b) On or before April 30, 2017, a city, county, or city and county may elect by resolution to become a participating jurisdiction by using the procedures developed pursuant to subdivision (b) of Section 7283.62 to notify the Controller of the city’s, county’s, or city and county’s election. -(c) An election made pursuant to this section is effective upon receipt by the Controller and until discontinued by the platform or city, county, or city and county pursuant to Section 7283.65, except that a city, county, or city and county’s election pursuant to this section shall not be effective as to a participating platform that, on or before June 15, 2017, notifies the Controller that the participating platform will not collect and remit transient occupancy tax in the city, county, or city and county. -(d) The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform and each city, county, or city and county that has provided a notification to the Controller pursuant to this section as soon as possible upon receipt, but in no event later than May 31, 2017. -7283.64. -On or after July 1, 2017, a platform that did not elect to become a participating platform pursuant to Section 7283.63 or had previously elected to discontinue its status as a participating platform may elect or reelect to become a participating platform by using the procedures developed pursuant to subdivision (a) of Section 7283.62 to notify the Controller of the platform’s election. An election made pursuant to this section is effective six months after receipt by the Controller or the date specified in the notice, whichever is later, and until discontinued by the platform pursuant to Section 7283.65. The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform that has provided a notification to the Controller pursuant to this section as soon as possible upon receipt. -7283.65. -(a) A participating platform may elect to discontinue its status as a participating platform by using the procedures developed pursuant to subdivision (a) of Section 7283.62 to notify the Controller of the participating platform’s election. An election made pursuant to this subdivision is effective on the first day of the month that is six months after the date of the election. A participating platform may notify the Controller that the participating platform will discontinue collecting and remitting transient occupancy tax in any participating jurisdiction that amends or otherwise alters the ordinance, rules, or provisions applicable to transient occupancy tax in the participating jurisdiction upon the effective date of the amendments or alterations. -(b) On or before June 30, 2018, or June 30 of any year thereafter, a participating jurisdiction may elect to discontinue its status as a participating jurisdiction, or a city, county, or city and county may elect to become a participating jurisdiction, by using the procedures developed pursuant to subdivision (b) of Section 7283.62 to notify the Controller of the participating jurisdiction’s or city’s, county’s, or city and county’s election. An election made by June 30 of any year pursuant to this subdivision is effective on January 1 of the following year after the election, except that a city, county, or city and county’s election pursuant to this subdivision shall not be effective as to a participating platform that, on or before November 15 of the year in which the election is made, notifies the Controller that the participating platform will not collect and remit transient occupancy tax in the city, county, or city and county. -(c) The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform and each city, county, or city and county that has provided a notification to the Controller pursuant to this section as soon as possible upon receipt. -7283.66. -(a) By December 31, 2018, and by December 31 of each year thereafter, the Controller shall review or audit a participating platform’s collection and remittance of tax revenue pursuant to Section 7283.61 and shall submit a final report to each participating jurisdiction in which the participating platform collected and remitted taxes. The final report shall not disclose any personally identifiable information and shall contain only the following information: -(1) A general description of the Controller’s review or audit findings. -(2) The aggregate amount of taxes collected and remitted to each participating jurisdiction by each participating platform during the period covered by the report. -(3) An identification of any errors in the collection and remittance of tax revenues within the participating jurisdiction that were determined as a result of any review or audit in the participating jurisdiction that were not remediated, including by payment of all amounts owing, within 90 days. -(4) The participating platform’s response, if any, to errors identified by any audit or review in the participating jurisdiction that were not remediated, including by payment of all amounts owing, within 90 days. -(b) (1) The Controller shall only request the participating platform to submit personally identifiable information as reasonably necessary to (i) verify a participating platform’s proper application of geographic boundaries and (ii) verify proper collection and remittance of transient occupancy tax, and shall not disclose to a participating jurisdiction, publicly disclose, or otherwise make known in any manner whatsoever any personally identifiable information obtained from a participating platform or other person in the course of conducting an audit or review required by this section. -(2) When requested by a participating jurisdiction, the Controller shall permit any duly authorized officer or employee of that participating jurisdiction to examine the records of the Controller, excluding any personally identifiable information, pertaining to any audit or review of collections by a participating platform within that participating jurisdiction. Except as otherwise provided herein, this paragraph shall not be construed to allow any officer or employee of that participating jurisdiction to request or examine any records other than records in the Controller’s possession that were obtained in the course of its review or audit of transient occupancy taxes collected by a participating platform within that participating jurisdiction. -(c) A platform or a participating jurisdiction may appeal any findings identified in a review or audit report submitted pursuant to subdivision (a) by providing a notice of appeal to the Controller’s General Counsel. The notice of appeal shall be filed within 60 days from the date of the final review or audit report and shall identify the issues being appealed and the basis and reason for the appeal. The Controller’s General Counsel shall review the issues appealed and may hold an informal appeal conference for purposes of taking additional information and shall issue a determination within 90 days of receipt of the appeal. -(d) The Controller may recover the reasonable costs, measured by the Controller’s standard rate, of an audit or review conducted pursuant to subdivision (a) or an appeal conducted pursuant to subdivision (c) from the participating platform that was audited or reviewed. -(e) This section shall not apply to cities, counties, or cities and counties that are not participating jurisdictions. -7283.67. -This chapter does not limit the existing authority of a city, county, or city and county to regulate operators, including any local regulation that requires operators to provide information concerning transactions conducted in the city, county, or city and county, provided that the requirements do not discriminate against transactions facilitated through a platform. -7283.68. -A participating platform’s collection and remittance of transient occupancy tax pursuant to this chapter shall be subject to audit or review only by the Controller, pursuant to the requirements of Section 7283.66. A participating platform shall not be required to comply with audit or review requirements or requests regarding the participating platform’s collection and remittance of transient occupancy tax pursuant to this chapter in any participating jurisdiction, or to related requests or requirements for personally identifiable information, by any participating jurisdiction. -7283.69. -A participating platform that complies with audit or review parameters established by the Controller pursuant to Section 7283.66 shall not be required to provide personally identifiable information to a participating jurisdiction, except pursuant to an order by a court of competent jurisdiction. -7283.70. -This chapter shall not be construed -as creating -to alter or otherwise modify -any legal duty or requirement for a participating platform to collect or remit transient occupancy taxes in a city, county, or city and county that is not a participating jurisdiction. -SEC. 2. -The Legislature finds and declares that Section 1 of this act, which adds Section 7283.66 to the Revenue and Taxation Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -People who rent units for tourist or transient use through platforms have a reasonable expectation of privacy, as against public disclosure, in their rental of those units and in the personally identifiable information they provide to platforms in connection with those rentals. Limiting the disclosure of that personally identifiable information in any records obtained or generated by the Controller pertaining to audits or reviews of a platform’s collection and remittance of transient occupancy taxes furthers the purposes of Section 3 of Article I of the California Constitution by appropriately balancing the interest in public disclosure with the interest in preserving the privacy and confidentiality of that personally identifiable information.","Existing law authorizes a city, county, or city and county to impose taxes within its jurisdiction, as provided, including a transient occupancy tax. -This bill would authorize a city, county, or city and county to elect to allow platforms, as defined, that elect to assume the responsibility of collecting and remitting transient occupancy taxes on behalf of operators, to collect and remit those taxes to that city, county, or city and county, as specified. For cities, counties, and cities and counties that notify the Controller of their election by April 30, 2017, and for platforms that notify the Controller of their election by March 1, 2017, this collection and remittance would begin on July 1, 2017. For platforms and cities, counties, or cities and counties that provide notifications to the Controller after those dates, the collection and remittance would begin at least 6 months after notification, as specified. The bill would authorize a city, county, or city and county to discontinue an election and would make this discontinuance effective at least 6 months after notification to the Controller. The bill would also authorize a platform to discontinue its election, entirely or in part, effective as specified. -This bill, by December 31, 2018, and by December 31 of each year thereafter, would require the Controller to review or audit a platform’s collection and remittance of tax revenue pursuant to the above-described provisions, would further require the Controller to submit a final report containing specific information to each city, county, or city and county in which the platform collected and remitted taxes, and would authorize the platform or the city, county, or city and county to appeal findings identified in the report, as provided. -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to add Chapter 1.1 (commencing with Section 7283.60) to Part 1.7 of Division 2 of the Revenue and Taxation Code, relating to hosting platforms." -28,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19801 of the Business and Professions Code is amended to read: -19801. -The Legislature hereby finds and declares all of the following: -(a) State law prohibits commercially operated lotteries, banked or percentage games, and gambling machines, and strictly regulates parimutuel wagering on horse racing. To the extent that state law categorically prohibits certain forms of gambling and prohibits gambling devices, nothing herein shall be construed, in any manner, to reflect a legislative intent to relax those prohibitions. -(b) The State of California has permitted the operation of gambling establishments for more than 100 years. Gambling establishments were first regulated by the State of California pursuant to legislation -which -that -was enacted in 1984. Gambling establishments currently employ more than 20,000 people in the State of California, and contribute more than one hundred million dollars ($100,000,000) in taxes and fees to California’s government. Gambling establishments are lawful enterprises in the State of California -, -and are entitled to full protection of the laws of this state. -(c) Gambling can become addictive and is not an activity to be promoted or legitimized as entertainment for children and families. -(d) Unregulated gambling enterprises are inimical to the public health, safety, welfare, and good order. Accordingly, no person in this state has a right to operate a gambling enterprise except as may be expressly permitted by the laws of this state and by the ordinances of local governmental bodies. -(e) It is the policy of this state that gambling activities that are not expressly prohibited or regulated by state law may be prohibited or regulated by local government. Moreover, it is the policy of this state that no new gambling establishment may be opened in a city, county, or city and county in which a gambling establishment was not operating on and before January 1, 1984, except upon the affirmative vote of the electors of that city, county, or city and county. -(f) It is not the purpose of this chapter to expand opportunities for gambling, or to create any right to operate a gambling enterprise in this state or to have a financial interest in any gambling enterprise. Rather, it is the purpose of this chapter to regulate businesses that offer otherwise lawful forms of gambling games. -(g) Public trust that permissible gambling will not endanger public health, safety, or welfare requires that comprehensive measures be enacted to ensure that gambling is free from criminal and corruptive elements, that it is conducted honestly and competitively, and that it is conducted in suitable locations. -(h) Public trust and confidence can only be maintained by strict and comprehensive regulation of all persons, locations, practices, associations, and activities related to the operation of lawful gambling establishments and the manufacture and distribution of permissible gambling equipment. -(i) All gambling operations, all persons having a significant involvement in gambling operations, all establishments where gambling is conducted, and all manufacturers, sellers, and distributors of gambling equipment must be licensed and regulated to protect the public health, safety, and general welfare of the residents of this state as an exercise of the police powers of the state. -(j) To ensure that gambling is conducted honestly, competitively, and free -of -from -criminal and corruptive elements, all licensed gambling establishments in this state -must -shall -remain open to the general -public -public, -and the access of the general public to licensed gambling activities -must -shall -not be restricted in any manner, except as provided by the Legislature. However, subject to state and federal prohibitions against discrimination, nothing -herein -in this chapter -shall be construed to preclude exclusion of unsuitable persons from licensed gambling establishments in the exercise of reasonable business judgment. -(k) In order to effectuate state policy as declared -herein, -in this section, -it is necessary that gambling establishments, activities, and equipment be licensed, that persons participating in those activities be licensed or registered, that certain transactions, events, and processes involving gambling establishments and owners of gambling establishments be subject to prior approval or permission, that unsuitable persons not be permitted to associate with gambling activities or gambling establishments, and that gambling activities take place only in suitable locations. Any license or permit issued, or other approval granted pursuant to this chapter, is declared to be a revocable privilege, and no holder acquires any vested right -therein or thereunder. -in that license, permit, or other approval or under this chapter. -(l) The location of lawful gambling premises, the hours of operation of those premises, the number of tables permitted in those premises, and wagering limits in permissible games conducted in those premises are proper subjects for regulation by local governmental bodies. However, consideration of those same subjects by a state regulatory agency, as specified in this chapter, is warranted when local governmental regulation respecting those subjects is inadequate or the regulation fails to safeguard the legitimate interests of residents in other governmental jurisdictions. -(m) The exclusion or ejection of certain persons from gambling establishments is necessary to effectuate the policies of this chapter and to maintain effectively the strict regulation of licensed gambling. -(n) Records and reports of cash and credit transactions involving gambling establishments may have a high degree of usefulness in criminal and regulatory investigations and, therefore, licensed gambling operators may be required to keep records and make reports concerning significant cash and credit transactions.","The Gambling Control Act provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law makes related findings and declarations. -This bill would make technical, nonsubstantive changes to these provisions.","An act to amend Section 19801 of the Business and Professions Code, relating to gambling." -29,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature hereby finds and declares all of the following: -(a) In April 2007, the Sacramento Area Flood Control Agency (SAFCA) secured the support of property owners in the Sacramento region for the imposition of a special benefit assessment to fund the local share of the cost of the levee improvement projects along the American and Sacramento Rivers, including the Natomas Basin, and the project to modify Folsom Dam to provide the Sacramento region with at least a 200-year level of flood protection based on current estimates of the runoff likely to be produced by such a flood event. Later that year, the Legislature passed Senate Bill 276, enacted as Chapter 641 of the Statutes of 2007, which modified existing state authorizations for these projects in order to continue the historic federal-state-local cost-sharing partnership governing the projects and ensure that project construction could move forward as quickly as possible. -(b) Since 2007, more than one billion dollars ($1,000,000,000) in federal, state, and local funds has been expended on these projects in a manner that has substantially increased the ability of the existing flood control system to protect heavily urbanized areas within the City of Sacramento and the Counties of Sacramento and Sutter against very rare floods. -(c) Much of this work has occurred in the Natomas Basin where SAFCA, with the state’s financial assistance, has raised and strengthened about 18 miles of the most vulnerable segments of the perimeter levee system protecting the Natomas Basin. Because of changes in federal and state engineering standards since 2007, these improvements and the improvements needed for the remainder of the perimeter levee system have greatly exceeded the scope of the Natomas Levee Improvement Project set forth in the Final Engineer’s Report dated April 19, 2007, which governed SAFCA’s special benefit assessment proceedings and informed the Legislature’s accompanying project authorization. -(d) The full scope of the work necessary to provide the Natomas Basin with at least a 200-year level of flood protection is described in an engineering report prepared in 2010 by the United States Army Corps of Engineers (Corps) for the American River Watershed, Common Features Project, Natomas Basin. This report, which outlines the steps the Corps will take to complete the work in Natomas initiated by the state and SAFCA, was transmitted to Congress by the Chief of Engineers of the Corps in December 2010 and adopted by Congress as part of the Water Resources Reform and Development Act of 2014 (Public Law 113-121). -(e) Consistent with its historic practice of providing state approval for federally authorized projects affecting the State Plan of Flood Control, the Legislature has determined that modification of the 2007 state authorization for the Natomas Levee Improvement Project is warranted in order to enlarge the scope of the authorized project to match the federal authorization without altering the federal-state-local cost sharing made applicable to the project under the 2007 authorization. -SEC. 2. -Section 12670.14 of the Water Code is amended to read: -12670.14. -The following projects in areas within the City of Sacramento and the Counties of Sacramento and Sutter are adopted and authorized at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation upon the recommendation and advice of the department or the Central Valley Flood Protection Board: -(a) The project for flood control in the Natomas and North Sacramento areas adopted and authorized by Congress in Section 9159 of the Department of Defense Appropriations Act of 1993 (Public Law 102-396) substantially in accordance with the recommendations of the Chief of Engineers in the report entitled “American River Watershed Investigation” dated July 1, 1992. -(b) The project for flood control along the American and Sacramento Rivers adopted and authorized by Congress in Section 101(a)(1) of the Water Resources Development Act of 1996 (Public Law 104-303) substantially in accordance with the recommendations of the Chief of Engineers in the report entitled “American River Watershed Project, California” dated June 27, 1996, as modified by Congress in Section 366 of the Water Resources Development Act of 1999 (Public Law 106-53), as further modified to include the project features necessary to provide a 200-year level of flood protection along the American and Sacramento Rivers and within the Natomas Basin as described in the Final Engineer’s Report dated April 19, 2007, adopted by the Sacramento Area Flood Control Agency, and as further modified by the 2010 final feasibility study for the American River Watershed, Common Features Project, Natomas Basin, adopted by Congress in Section 7002 of the Water Resources Reform and Development Act of 2014 (Public Law 113-121). -(c) The project to modify Folsom Dam adopted and authorized by Congress in Section 101(a)(6) of the Water Resources Development Act of 1999 (Public Law 106-53), as described in the United States Army Corps of Engineers Supplemental Information Report for the American River Watershed Project, California, dated March 1996, as modified by the report entitled “Folsom Dam Modification Report, New Outlets Plan,” dated March 1998, prepared by the Sacramento Area Flood Control Agency, and as further modified by the Post-Authorization Change Report, American River Watershed Project (Folsom Dam Modification and Folsom Dam Raise Projects), dated March 2007, adopted by Congress in Section 3029 of the Water Resources Development Act of 2007 (Public Law 110-114). -(d) (1) The project for flood control, environmental restoration, and recreation along south Sacramento County streams adopted and authorized by Congress in Section 101(a)(8) of the Water Resources Development Act of 1999 (Public Law 106-53) as described in the report of the Chief of Engineers entitled “South Sacramento County Streams, California” dated October 6, 1998. -(2) Notwithstanding Section 12657, at the discretion of the Central Valley Flood Protection Board, the Sacramento Area Flood Control Agency may provide, for the project described in paragraph (1), the assurances of local cooperation satisfactory to the Secretary of the Army, in accordance with Section 12657, in lieu of assurances by the Central Valley Flood Protection Board.","Existing law provides for state cooperation with the federal government in the construction of specified flood control projects. Existing law adopts and authorizes federally adopted and approved projects, including a 200-year level of flood protection in the Natomas Basin, in areas within the City of Sacramento and the Counties of Sacramento and Sutter. The projects are authorized at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation upon the recommendation and advice of the Department of Water Resources or the Central Valley Flood Protection Board, formerly known as the Reclamation Board. -This bill would describe the Natomas Basin flood protection project as further modified by a specified report adopted by Congress. The bill would make technical, nonsubstantive changes.","An act to amend Section 12670.14 of the Water Code, relating to water resources." -30,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10159.5 of the Business and Professions Code is amended to read: -10159.5. -(a) (1) Every person applying for a license under this chapter who desires to have the license issued under a fictitious business name shall file with his or her application a certified copy of his or her fictitious business name statement filed with the county clerk pursuant to Chapter 5 (commencing with Section 17900) of Part 3 of Division 7. -(2) A responsible broker may, by contract, permit a salesperson to do all of the following: -(A) File an application on behalf of a responsible broker with a county clerk to obtain a fictitious business name. -(B) Deliver to the bureau an application, signed by the responsible broker, requesting the bureau’s approval to use a county approved fictitious business name that shall be identified with the responsible broker’s license number. -(C) Pay for any fees associated with filing an application with a county or the bureau to obtain or use a fictitious business name. -(D) Maintain ownership of a fictitious business name, as defined in paragraph (2) of subdivision (a) of Section 10159.7, that may be used subject to the control of the responsible broker. -(b) (1) A salesperson using a fictitious business name authorized by subdivision (a), shall use that name only as permitted by his or her responsible broker. -(2) This section does not change a real estate broker’s duties under this division to supervise a salesperson. -(c) A person applying to a county for a fictitious business name pursuant to subdivision (a) may file his or her application in the county or counties where the fictitious business name will be used. -(d) Advertising and solicitation materials, including business cards, print or electronic media and “for sale” signage, using a fictitious business name obtained in accordance with paragraph (2) of subdivision (a) shall include the responsible broker’s identity, as defined in paragraph (1) of subdivision (a) of Section 10159.7, in a manner equally as prominent as the fictitious business name. -(e) Notwithstanding subdivision (b) of Section 10140.6, advertising and solicitation materials, including print or electronic media and “for sale” signage, containing a fictitious business name obtained in accordance with paragraph (2) of subdivision (a) shall include the name and license number of the salesperson who is using the fictitious business name. -(f) Notwithstanding Section 10185, a violation of this section is not a misdemeanor. -SEC. 2. -Section 10159.6 of the Business and Professions Code is amended to read: -10159.6. -All of the following apply to use of a team name, as defined in paragraph (5) of subdivision (a) of Section 10159.7: -(a) Notwithstanding subdivision (b) of Section 10140.6, advertising and solicitation materials that contain a team name, including print or electronic media and “for sale” signage, shall include, and display in a conspicuous and prominent manner, the team name and the name and license number of at least one of the licensed members of the team. -(b) The responsible broker’s identity, as defined in paragraph (1) of subdivision (a) of Section 10159.7, shall be displayed as prominently and conspicuously as the team name in all advertising and solicitation materials. -(c) The advertising and solicitation materials shall not contain terms that imply the existence of a real estate entity independent of the responsible broker. -(d) Notwithstanding Section 10185, a violation of this section is not a misdemeanor. -SEC. 3. -Section 10159.7 of the Business and Professions Code is amended to read: -10159.7. -(a) For the purposes of this article, the following definitions shall apply: -(1) “Responsible broker’s identity” means a name and the associated license identification number under which the responsible broker is currently licensed by the bureau and conducts business in general or is a substantial division of the real estate firm. Responsible broker’s identity does not include a fictitious business name obtained pursuant to paragraph (2) of subdivision (a) of Section 10159.5 or the use of a team name pursuant to Section 10159.6. -(2) “Fictitious business name” means a professional identity or brand name under which activity requiring a real estate license is conducted and the use of which is subject to approval by the bureau pursuant to Section 10159.5. -(3) “Ownership of a fictitious business name” means the right to use, renew, and control the use of a fictitious business name obtained in accordance with Section 10159.5. -(4) “Responsible broker” means the broker responsible for the exercise of control and supervision of salespersons under Section 10159.2, or a licensee subject to discipline under subdivision (h) of Section 10177 for failure to supervise activity requiring a real estate license. The supervision of a salesperson required under this part or any other law is limited to regulatory compliance and consumer protection. -(5) “Team name” means a professional identity or brand name used by a salesperson, and one or more other real estate licensees, for the provision of real estate licensed services. Notwithstanding any other law, the use of a team name does not require that a separate license be issued for that name pursuant to Section 10159.5. A team name does not constitute a fictitious business name for purposes of this part or any other law or for purposes of filing a fictitious business name statement with an application as required by subdivision (a) of Section 10159.5 if all of the following apply: -(A) The name is used by two or more real estate licensees who work together to provide licensed real estate services, or who represent themselves to the public as being a part of a team, group, or association to provide those services. -(B) The name includes the surname of at least one of the licensee members of the team, group, or association in conjunction with the term “associates,” “group,” or “team.” -(C) The name does not include any term or terms, such as “real estate broker,” “real estate brokerage,” “broker,” or “brokerage” or any other term that would lead a member of the public to believe that the team is offering real estate brokerage services, that imply or suggest the existence of a real estate entity independent of a responsible broker. -(b) Nothing in this section changes a real estate broker’s duties under this division to supervise a salesperson. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to ensure that the law regarding “team names” is applied consistently at the state and local level and that a “team name” does not constitute a fictitious business name for purposes of any law, it is necessary that this act take effect immediately.","Existing law provides for the licensure and regulation of real estate brokers and real estate salespersons by the Bureau of Real Estate headed by the Real Estate Commissioner. Existing law requires an applicant who desires to have his or her license issued under a fictitious business name to file with his or her application a certified copy of his or her fictitious business name statement. Existing law authorizes a responsible broker, as defined, by contract, to permit a salesperson to apply for a fictitious business name with the appropriate county, and to maintain ownership of a fictitious business name. Existing law defines a team name and provides, for purposes of the provisions described above, that a team name is not a fictitious business name if specified criteria apply. -This bill would provide that a team name is also not a fictitious business name for purposes of any other law or for purposes of filing a fictitious business name statement with an application as described above when the criteria apply. This bill would make technical and clarifying changes to the provisions described above. -Existing law requires advertising and solicitation materials using a fictitious business name or that contain a team name to display the responsible broker’s identity, as provided. Existing law defines “responsible broker’s identity” to mean the name under which the responsible broker operates or conducts business. -This bill would revise the definition of “responsible broker’s identity” to mean a name and the associated license identification number under which the responsible broker is currently licensed and conducts business in general or is a substantial division of the real estate firm and that does not include a fictitious business name or a team name, as specified. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 10159.5, 10159.6, and 10159.7 of the Business and Professions Code, relating to real estate licensees, and declaring the urgency thereof, to take effect immediately." -31,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California has the fifth largest Temporary Assistance for Needy Families (TANF) cash grant in the nation, and the second largest amongst the 10 largest states, yet poverty remains a persistent problem. -(b) In its Supplemental Poverty Measure report for the year 2013, released in October 2014, the United States Census Bureau reported California’s rate of poverty to be 23.4%. This rate is the highest among all 50 states. -(c) Using census data released in September 2014, the California Budget Project reported that the economic recovery from the Great Recession has largely bypassed low- and middle-income Californians, with the bottom three-fifths of the income distribution experiencing stagnating income gains. This is contrasted with the top one-fifth of the income distribution experiencing gains of 52.4%. -(d) According to the Legislative Analyst’s Office (LAO), evidence from academic studies suggests that the federal Earned Income Tax Credit (EITC) increases paid work participation to be higher than if the federal EITC did not exist. -(e) The LAO further states that the federal EITC also reduces poverty to some extent for tens of millions of people. -(f) The federal EITC has historically had a high level of improper payments to people who claimed a bigger credit than that for which they were eligible. As the federal EITC is a proven antipoverty measure that encourages work, California should adopt its own version of the EITC that includes appropriate enforcement activities to reduce improper payments. -SEC. 2. -Section -17052.1 -17052.3 -is added to the Revenue and Taxation Code, to read: -17052.1. -17052.3. -(a) For each taxable year beginning on or after January 1, 2016, and before January 1, 2023, there shall be allowed to a qualified taxpayer a credit against the “net tax,” as defined by Section 17039, an amount computed by multiplying the federal earned income credit amount, as defined by subdivision (b), by 15 percent. -(b) (1) For purposes of this section, except as provided in paragraph (2), “federal earned income credit amount” means the amount determined under Section 32 of the Internal Revenue Code, as amended by Section 1002(a) of Public Law 111-5, as amended by Section 219(a)(2) of Public Law 111-226, as amended by Section 103(c) of Public Law 111-312, and as amended by Section 103(c) of Public Law 112-240. -(2) For each taxable year beginning on or after January 1, 2017, and before January 1, 2023, the Franchise Tax Board shall recompute the amounts prescribed in Section -32(b) -32(b)(2) -of the Internal Revenue Code, relating to amounts, and Section 32(i) of the Internal Revenue Code, relating to denial of credit for individuals having excessive investment income. That computation shall be made as follows: -(A) The -California -Department of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index for all items from June of the prior calendar year to June of the current calendar year, no later than August 1 of the current calendar year. -(B) The Franchise Tax Board shall do both of the following: -(i) Compute an inflation adjustment factor by adding 100 percent to the percentage change figure that is furnished pursuant to subparagraph (A) and dividing the result by 100. -(ii) Multiply the preceding taxable year income tax brackets by the inflation adjustment factor determined in clause (i) and round off the resulting products to the nearest one dollar ($1). -(c) For purposes of this section, “qualified taxpayer” means an individual who is eligible for a credit, for federal income tax purposes, under Section 32 of the Internal Revenue Code, as amended by Section 1002(a) of Public Law 111-5, as amended by Section 219(a)(2) of Public Law 111-226, as amended by Section 103(c) of Public Law 111-312, and as amended by Section 103(c) of Public Law 112-240, for the taxable year in which the credit allowed under this section is claimed, and who is legally working in the state and possesses a valid social security number, legal work authorization, or -taxpayer’s -taxpayer -identification number. -(d) Any simple error shall be treated as a mathematical error appearing on the return. -(e) (1) Except as provided in paragraph (2) -, -in the case where the credit allowed under this section exceeds -the -“net tax,” the excess credit may be carried over to reduce the “net tax” in the following taxable year, and succeeding taxable years, if necessary, until the credit is exhausted. -(2) If the amount allowable as a credit under this section exceeds the tax liability computed under this part, the excess shall be credited against other amounts due, if any, and the balance, if any, shall, upon appropriation by the Legislature, be paid from the General Fund and refunded to the qualified taxpayer. -(3) Any amount paid to a qualified taxpayer pursuant to this section shall not be included in income subject to tax under this part. -(f) The credit allowed by this section may be claimed only on a timely filed original return of the qualified taxpayer. The determinations of the Franchise Tax Board with respect to the date a return has been received by the Franchise Tax Board for purposes of this subdivision may not be reviewed in any administrative or judicial proceeding. -(g) Notwithstanding any other law, and to the extent permitted by federal law, amounts paid pursuant to subdivision (e) shall be treated the same as the federal earned income credit amount for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits. -(h) For purposes of this section, the Franchise Tax Board shall do the following: -(1) Administer enforcement activities to address improper payments. -(2) Collaborate with the Employment Development Department to develop criteria for, and a process to verify, taxpayer income information using wage and withholding data. -(3) Establish criteria for, and a process to identify, high-risk returns. High-risk returns may be subject to increased verification procedures and payments pursuant to this section may be suspended until the information is verified. -(4) (A) Notwithstanding Section 10231.5 of the Government Code, beginning January 1, 2017, and each January 1 thereafter, until January 1, 2023, the Franchise Tax Board shall submit a report on the use of the credit described in subdivision (a) to the Legislature. The report shall include information regarding the eligibility for the credit, use of the credit, and information regarding improper payments. -(B) A report submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code. -(i) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. -(j) Section 41 does not apply to the credit allowed by this section. -(k) This section shall remain in effect only until December 1, 2023, and as of that date is repealed. -SEC. 3. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. -This bill, for taxable years beginning on or after January 1, 2016, and before January 1, 2023, would allow a credit to a qualified taxpayer, as defined, computed by multiplying the federal earned income credit amount, as defined, by 15%. The bill would provide that the credit amount in excess of the qualified taxpayer’s liability would be paid to the qualified taxpayer upon appropriation by the Legislature. This bill would require the Franchise Tax Board to submit a report to the Legislature, beginning January 1, 2017, and each January 1 thereafter, until January 1, 2023, regarding the credit, as provided. -This bill would take effect immediately as a tax levy.","An act to add and repeal Section -17052.1 -17052.3 -of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -32,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 352 of the Public Utilities Code is amended to read: -352. -The Independent System Operator may -not -only -enter into a multistate entity or a regional organization as authorized in Section 359 -unless -if -that entry is approved by -the Oversight Board. -its governing board at a duly noticed public meeting. -SEC. 2. -Section 359 of the Public Utilities Code is amended to read: -359. -(a) It is the intent of the Legislature to provide for the evolution of the Independent System Operator -and the Power Exchange -into -a -regional -organizations -organization -to promote the development of regional electricity transmission markets in the western states and to improve the access of consumers served by the Independent System Operator -and the Power Exchange -to those markets. -(b) The preferred means by which the voluntary evolution described in subdivision (a) should occur is through the adoption of a regional compact or other comparable agreement among cooperating party states, the retail customers of which states would reside within the geographic territories served by the Independent System -Operator and the Power Exchange. -Operator. -(c) The agreement described in subdivision (b) should provide for all of the following: -(1) An equitable process for the appointment or confirmation by party states of members of the governing -boards -board -of the Independent System -Operator and the Power Exchange. -Operator. -(2) A respecification of the size, structure, representation, eligible membership, nominating procedures, and member terms of service of the governing -boards -board -of the Independent System -Operator and the Power Exchange. -Operator. -(3) Mechanisms by which each party state, jointly or separately, can oversee effectively the actions of the Independent System Operator -and the Power Exchange -as those actions relate to the assurance of electricity system reliability within the party state and to matters that affect electricity sales to the retail customers of the party state or otherwise affect the general welfare of the electricity consumers and the general public of the party state. -(4) The adherence by publicly owned and investor-owned utilities located in party states to enforceable standards and protocols to protect the reliability of the interconnected regional transmission and distribution systems. -SECTION 1. -Part 3 (commencing with Section 13750) is added to Division 8 of the -Probate Code -, to read: -3. -Determination of Property Passing to Trustee of Recipient Trust Without Administration -1. -Definitions -13750. -For purposes of this part, both of the following definitions shall apply: -(a)“Pour-over will” means a devise by a will, including any codicils, of property to the trustee or trustees of a recipient trust. -(b)“Recipient trust” means a trust established as a revocable trust by a decedent during his or her lifetime, either alone or in conjunction with his or her spouse or registered domestic partner, and that is identified in the pour-over will. -2. -Court Order Determining Passage of Property to Trustee or Trustees of Recipient Trust -13751. -Subject to further requirements provided in this chapter, if a decedent dies testate and by his or her pour-over will devises some or all of his or her property to the trustee or trustees of a recipient trust, the trustee or trustees of that recipient trust, without procuring letters of administration, may file a petition in the superior court of the county in which the estate of the decedent may be administered requesting a court order that a particular item or items of property pass without administration to the petitioner as trustee or trustees of the recipient trust. -13752. -(a)The procedure provided by this chapter may be used only if: -(1)At least 40 days have elapsed since the death of the decedent. -(2)No proceeding is being or has been conducted for the probate administration of the decedent’s estate, either in this state or in any other jurisdiction. -(3)Except as provided in paragraph (4), the devise in the pour-over will to the trustee or trustees of the recipient trust applies to the entire remainder of the property subject to the pour-over will. -(4)(A)The only other devise or devises, if any, in the pour-over will are one or more specific gifts, as defined in subdivision (a) of Section 21117, all of which would be eligible for disposition without administration pursuant to either of the following provisions: -(i)Part 1 (commencing with Section 13000), as determined by the petitioner. Any property that is not a devise of a specific gift, as defined in subdivision (a) of Section 21117, in the decedent’s pour-over will shall be excluded in determining the property or estate of the decedent or its value for this purpose. -(ii)Part 2 (commencing with Section 13500), as determined by the petitioner. -(B)The court may rely on the petitioner’s representations concerning determinations made by the petitioner pursuant to this paragraph. -(b)The procedure provided by this chapter may be used for real or personal property of any amount or value, so long as the other requirements of this chapter are satisfied. The value of an individual item, or aggregate value of items, of property does not need to be included in the petition. An inventory and appraisal shall not be required for the property subject to the procedure provided by this chapter. -13753. -(a)The petition shall be verified by each petitioner, shall contain a request that the court make an order pursuant to this chapter that a particular item or items of the decedent’s property pass without administration to the petitioner as trustee or trustees of the recipient trust, and shall state all of the following: -(1)The facts necessary to determine that the petition is filed in the proper county. -(2)That at least 40 days have elapsed since the death of the decedent. -(3)That no proceeding is being or has been conducted for administration of the decedent’s estate, either in this state or in any other jurisdiction. -(4)The facts and the provision or provisions of the pour-over will upon which the petitioner bases the allegation that a particular item or items of property pass without administration to the petitioner as trustee or trustees of the recipient trust, including, but not limited to, the following: -(A)That the devise in the pour-over will to the trustee or trustees of the recipient trust applies to the entire remainder of the property subject to the pour-over will. -(B)Either of the following, as applicable: -(i)That there is no devise in the pour-over will other than to the trustee or trustees of the recipient trust. -(ii)The only other devise or devises, if any, in the pour-over will are one or more specific gifts, as defined in subdivision (a) of Section 21117, all of which would be eligible for disposition without administration pursuant to either of the following provisions: -(I)Part 1 (commencing with Section 13000), as determined by the petitioner. Any property that is not a devise of a specific gift, as defined in subdivision (a) of Section 21117, identified in the decedent’s pour-over will shall be excluded in determining the property or estate of the decedent or its value. -(II)Part 2 (commencing with Section 13500), as determined by the petitioner. -(5)A description or descriptions of the particular item or items of the decedent’s property for which the petitioner requests an order pursuant to this chapter. -(6)The name, age, address, and relation to the decedent of each of the following: -(A)Heir and devisee of the decedent. -(B)Each person named as executor or alternate executor of the pour-over will. -(C)Each beneficiary of the recipient trust. For any future interests, this determination shall be made pursuant to subdivision (a) of Section 15804, so far as known to any petitioner. -(D)Each person named as trustee or successor trustee in the recipient trust. -(7)The name and address of any person serving as guardian of the estate or conservator of the estate of the decedent at the time of the decedent’s death, so far as known to any petitioner. -(b)A copy of the pour-over will shall be attached to, and filed in support of, the petition. -(c)A certification of trust for the recipient trust that satisfies the requirements of Section 18100.5 shall be attached to, and filed in support of, the petition. -13754. -Notice of hearing shall be given as provided in Section 1220 to each of the persons named in the petition pursuant to Section 13753. -13755. -If the requirements of this chapter are satisfied, the court shall issue an order that a particular item or items of property pass without administration and are transferred to the petitioner as trustee or trustees of the recipient trust. Each item of property shall be described in the order. The court shall not issue an omnibus order for final distribution pursuant to the procedure provided by this chapter. -13756. -(a)Except as provided in subdivision (b), upon becoming final, an order under this chapter that property passes without administration to the trustee or trustees of the recipient trust shall be conclusive on all persons. -(b)An order issued by the court pursuant to Section 13755 shall not preclude the filing of a petition pursuant to Section 17200. -13757. -The attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter shall be determined by a private agreement between the attorney and the client and are not subject to approval by the court. If there is no agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter and there is a dispute concerning the reasonableness of the attorney’s fees for those services, a petition may be filed with the court in the same proceeding requesting that the court determine the reasonableness of the attorney’s fees for those services. If there is an agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter and there is a dispute concerning the meaning of the agreement, a petition may be filed with the court in the same proceeding requesting that the court determine the dispute. -13758. -Nothing in this chapter excuses compliance with Chapter 3 (commencing with Section 13100) by the holder of the decedent’s personal property if an affidavit or declaration is furnished as provided in that chapter. -3. -Liability for Debts of Decedent -13759. -Property transferred to the trustee or trustees of a recipient trust pursuant to an order issued under Section 13755 shall be subject to the payment of claims, debts, and expenses as provided in Part 8 (commencing with Section 19000) of Division 9.","The existing restructuring of the electrical industry within the Public Utilities Act provides for the establishment of an Independent System Operator and a Power Exchange as nonprofit public benefit corporations. Existing law requires the Independent System Operator to ensure efficient use and reliable operation of the electrical transmission grid consistent with achieving planning and operating reserve criteria no less stringent than those established by the Western Electricity Coordinating Council and the North American Electric Reliability Council. An Electricity Oversight Board is also established to oversee the Independent System Operator and the Power Exchange in order to ensure the success of electrical restructuring and to ensure a reliable supply of electricity in the transition to a new market structure. Existing law prohibits the Independent System Operator from entering into a multistate entity or regional organization unless the Independent System Operator receives approval from the Electricity Oversight Board. -This bill would authorize the Independent System Operator to enter into a multistate entity or regional organization if that entry is approved by its governing board at a duly noticed public meeting. -Existing law, relative to restructuring of the electrical industry, states the intent of the Legislature with respect to the evolution of the roles of the Independent System Operator and Power Exchange, including to evolve into regional organizations to promote the development of regional electricity transmission markets in the western states and to improve the access of consumers serviced by the Independent System Operator and the Power Exchange to those markets. -This bill would delete references to the Power Exchange in the above-described statement of Legislative intent. -Existing law provides for the disposition of a testator’s property by will. Existing law establishes the Uniform Testamentary Additions to Trusts Act, under which a valid devise of property may be made by will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person, commonly referred to as a pour-over will. Existing law provides that the decedent’s property, including property devised by a will, is generally subject to probate administration, except as specified. Existing law establishes simplified procedures for addressing a decedent’s estate valued under $150,000, including authorizing the successor of the decedent to collect property due to the decedent without letters of administration or awaiting probate of a will. -This bill would establish simplified procedures for the distribution of property, real or personal property of any amount or value, devised by a will to the trustee or trustees of a recipient trust, as defined, without procuring letters of administration. The bill would authorize the trustee or trustees of a recipient trust to file a verified petition setting forth specified facts in the superior court of the county in which the estate of the decedent may be administered, and would authorize the court to issue an order that a particular item or items of property pass without administration and are transferred to the petitioner as trustee or trustees of the recipient trust. The bill would require attorneys’ fees for services performed in connection with these provisions to be determined by a private agreement between the attorney and the client, and would specify that attorneys’ fees are not subject to approval by the court.","An act to add Part 3 (commencing with Section 13750) to Division 8 of the Probate Code, relating to decedent’s estates. -An act to amend Sections 352 and 359 of the Public Utilities Code, relating to electricity." -33,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25150.7 of the Health and Safety Code is amended to read: -25150.7. -(a) The Legislature finds and declares that this section is intended to address the unique circumstances associated with the generation and management of treated wood waste. The Legislature further declares that this section does not set a precedent applicable to the management, including disposal, of other hazardous wastes. -(b) For purposes of this section, the following definitions shall apply: -(1) “Treated wood” means wood that has been treated with a chemical preservative for purposes of protecting the wood against attacks from insects, microorganisms, fungi, and other environmental conditions that can lead to decay of the wood, and the chemical preservative is registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.). -(2) “Wood preserving industry” means business concerns, other than retailers, that manufacture or sell treated wood products in the state. -(c) This section applies only to treated wood waste that, solely due to the presence of a preservative in the wood, is a hazardous waste and to which both of the following requirements apply: -(1) The treated wood waste is not subject to regulation as a hazardous waste under the federal act. -(2) Section 25143.1.5 does not apply to the treated wood waste. -(d) (1) Notwithstanding Sections 25189.5 and 25201, treated wood waste shall be disposed of in either a class I hazardous waste landfill, or in a composite-lined portion of a solid waste landfill unit that meets all requirements applicable to disposal of municipal solid waste in California after October 9, 1993, and that is regulated by waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code for discharges of designated waste, as defined in Section 13173 of the Water Code, or treated wood waste. -(2) A solid waste landfill that accepts treated wood waste shall comply with all of the following requirements: -(A) Manage the treated wood waste to prevent scavenging. -(B) Ensure that any management of the treated wood waste at the solid waste landfill before disposal, or in lieu of disposal, complies with the applicable requirements of this chapter, except as otherwise provided by regulations adopted pursuant to subdivision (f). -(C) If monitoring at the composite-lined portion of a landfill unit at which treated wood waste has been disposed of indicates a verified release, then treated wood waste shall not be discharged to that landfill unit until corrective action results in cessation of the release. -(e) (1) Each wholesaler and retailer of treated wood and treated wood-like products in this state shall conspicuously post information at or near the point of display or customer selection of treated wood and treated wood-like products used for fencing, decking, retaining walls, landscaping, outdoor structures, and similar uses. The information shall be provided to wholesalers and retailers by the wood preserving industry in 22-point type, or larger, and contain the following message: - - -Warning—Potential Danger - - -These products are treated with wood preservatives registered with the United States Environmental Protection Agency and the California Department of Pesticide Regulation and should only be used in compliance with the product labels. -This wood may contain chemicals classified by the State of California as hazardous and should be handled and disposed of with care. Check product label for specific preservative information and Proposition 65 warnings concerning presence of chemicals known to the State of California to cause cancer or birth defects. -Anyone working with treated wood, and anyone removing old treated wood, needs to take precautions to minimize exposure to themselves, children, pets, or wildlife, including: - -□Avoid contact with skin. Wear gloves and long sleeved shirts when working with treated wood. Wash exposed areas thoroughly with mild soap and water after working with treated wood. - -□Wear a dust mask when machining any wood to reduce the inhalation of wood dusts. Avoid frequent or prolonged inhalation of sawdust from treated wood. Machining operations should be performed outdoors whenever possible to avoid indoor accumulations of airborne sawdust. - -□Wear appropriate eye protection to reduce the potential for eye injury from wood particles and flying debris during machining. - -□If preservative or sawdust accumulates on clothes, launder before reuse. Wash work clothes separately from other household clothing. - -□Promptly clean up and remove all sawdust and scraps and dispose of appropriately. - -□Do not use treated wood under circumstances where the preservative may become a component of food or animal feed. - -□Only use treated wood that’s visibly clean and free from surface residue for patios, decks, or walkways. - -□Do not use treated wood where it may come in direct or indirect contact with public drinking water, except for uses involving incidental contact such as docks and bridges. - -□Do not use treated wood for mulch. - -□Do not burn treated wood. Preserved wood should not be burned in open fires, stoves, or fireplaces. - - -For further information, go to the Internet Web site http://www.preservedwood.org and download the free Treated Wood Guide mobile application. - - -In addition to the above listed precautions, treated wood waste shall be managed in compliance with applicable hazardous waste control laws. -(2) On or before July 1, 2005, the wood preserving industry shall, jointly and in consultation with the department, make information available to generators of treated wood waste, including fencing, decking, and landscape contractors, solid waste landfills, and transporters, that describes how to best handle, dispose of, and otherwise manage treated wood waste, through the use either of a toll-free telephone number, Internet Web site, information labeled on the treated wood, information accompanying the sale of the treated wood, or by mailing if the department determines that mailing is feasible and other methods of communication would not be as effective. A treated wood manufacturer or supplier to a wholesaler or retailer shall also provide the information with each shipment of treated wood products to a wholesaler or retailer, and the wood preserving industry shall provide it to fencing, decking, and landscaping contractors, by mail, using the Contractors’ State License Board’s available listings, and license application packages. The department may provide guidance to the wood preserving industry, to the extent resources permit. -(f) (1) On or before January 1, 2007, the department, in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the Office of Environmental Health Hazard Assessment, and after consideration of any known health hazards associated with treated wood waste, shall adopt and may subsequently revise as necessary, regulations establishing management standards for treated wood waste as an alternative to the requirements specified in this chapter and the regulations adopted pursuant to this chapter. -(2) The regulations adopted pursuant to this subdivision shall, at a minimum, ensure all of the following: -(A) Treated wood waste is properly stored, treated, transported, tracked, disposed of, and otherwise managed to prevent, to the extent practical, releases of hazardous constituents to the environment, prevent scavenging, and prevent harmful exposure of people, including workers and children, aquatic life, and animals to hazardous chemical constituents of the treated wood waste. -(B) Treated wood waste is not reused, with or without treatment, except for a purpose that is consistent with the approved use of the preservative with which the wood has been treated. For purposes of this subparagraph, “approved uses” means a use approved at the time the treated wood waste is reused. -(C) Treated wood waste is managed in accordance with all applicable laws. -(D) Any size reduction of treated wood waste is conducted in a manner that prevents the uncontrolled release of hazardous constituents to the environment, and that conforms to applicable worker health and safety requirements. -(E) All sawdust and other particles generated during size reduction are captured and managed as treated wood waste. -(F) All employees involved in the acceptance, storage, transport, and other management of treated wood waste are trained in the safe and legal management of treated wood waste, including, but not limited to, procedures for identifying and segregating treated wood waste. -(g) (1) A person managing treated wood waste who is subject to a requirement of this chapter, including a regulation adopted pursuant to this chapter, shall comply with either the alternative standard specified in the regulations adopted pursuant to subdivision (f) or with the requirements of this chapter. -(2) A person who is in compliance with the alternative standard specified in the regulations adopted pursuant to subdivision (f) is deemed to be in compliance with the requirement of this chapter for which the regulation is identified as being an alternative, and the department and any other entity authorized to enforce this chapter shall consider that person to be in compliance with that requirement of this chapter. -(h) On January 1, 2005, all variances granted by the department before January 1, 2005, governing the management of treated wood waste are inoperative and have no further effect. -(i) This section does not limit the authority or responsibility of the department to adopt regulations under any other law. -(j) (1) On or before January 1, 2018, the department shall prepare, post on its Internet Web site, and provide to the appropriate policy committees of the Legislature, a comprehensive report on the compliance with, and implementation of, this section. The report shall include, but not be limited to, all of the following: -(A) Data, and evaluation of that data, on the rates of compliance with this section and injuries associated with handling treated wood waste based on department inspections of treated wood waste generator sites and treated wood waste disposal facilities. To gather data to perform the required evaluation, the department shall do all of the following: -(i) The department shall inspect representative treated wood waste generator sites and treated wood waste disposal facilities, which shall not to be less than 25 percent of each. -(ii) The department shall survey and otherwise seek information on how households are currently handling, transporting, and disposing of treated wood waste, including available information from household hazardous waste collection facilities, solid waste transfer facilities, solid waste disposal facility load check programs, and CUPAs. -(iii) The department shall, by survey or otherwise, seek data to determine whether sufficient information and convenient collection and disposal options are available to household generators of treated wood waste. -(B) An evaluation of the adequacy of protective measures taken in tracking, handling, and disposing of treated wood waste. -(C) Data regarding the unauthorized disposal of treated wood waste at disposal facilities that have not been approved for that disposal. -(D) Conclusions regarding the handling of treated wood waste. -(E) Recommendations for changes to the handling of treated wood waste to ensure the protection of public health and the environment. -(2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2022, pursuant to Section 10231.5 of the Government Code. -(k) This section shall become inoperative on December 31, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law requires the wood preserving industry to provide certain information relating to the potential danger of treated wood to wholesalers and retailers of treated wood and wood-like products. Existing law requires these wholesalers and retailers to conspicuously post the information at or near the point of display or customer selection of treated wood and wood-like products, as specified. -This bill would update the information required to be posted by wholesalers and retailers of treated wood and treated wood-like products. -(2) Existing law requires the Department of Toxic Substances Control to adopt, and revise as necessary, regulations establishing management standards for treated wood waste, subject to specified limitations. Existing law makes these, and other requirements regarding treated wood waste, inoperative on June 1, 2017, but provides that a regulation adopted pursuant to these provisions on or before June 1, 2012, continues in force and effect until repealed or revised. A violation of the state’s hazardous waste control laws is a crime. -This bill would remove those limitations for treated wood waste regulations adopted by the department, would extend the operation of these provisions regarding treated wood waste to December 31, 2020, and would repeal the language concerning the continued operation of treated wood waste regulations. By extending the operation of a crime, the bill would impose a state-mandated local program. The bill would require, on or before January 1, 2018, the department to prepare, post on its Internet Web site, and provide to the appropriate policy committees of the Legislature, a comprehensive report with specified content on the compliance with, and implementation of, these laws relating to treated wood waste. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 25150.7 of the Health and Safety Code, relating to hazardous waste." -34,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1271.5 is added to the Penal Code, to read: -1271.5. -(a) Notwithstanding any other law, upon the appearance before a competent court or magistrate of a person charged with a criminal offense, the court or magistrate shall hold the hearing described in subdivision (f) and order that, pending trial, the person be one of the following: -(1) Released on his or her own recognizance or upon execution of an unsecured appearance bond, pursuant to subdivision (b). -(2) Released on a condition or combination of conditions, pursuant to subdivision (c). -(3) Temporarily detained to permit revocation of conditional release, probation, parole, or postrelease community supervision pursuant to subdivision (d). -(4) Detained pursuant to subdivision (e). -(b) The court or magistrate shall order the pretrial release of the person on his or her own recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a federal, state, or local crime during the period of release unless, after a hearing held pursuant to subdivision (f), the court or magistrate determines that release pursuant to this subdivision will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. -(c) (1) If, after a heafety, maintain employment, or, if unemployed, actively seek employment. -(iii) If the court or magistrate specifically finds on the record that it is necessary to protect public safety, maintain or commence an educational program. -(iv) Abide by specified restrictions on personal associations, place of abode, or travel. -(v) Avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense. -(vi) Report on a regular basis to a designated law enforcement agency, pretrial services agency, or other agency. -(vii) Comply with a specified curfew. -(viii) Refrain from possessing a firearm, destructive device, or other dangerous weapon. -(ix) Refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in Section 11007 of the Health and Safety Code, without a prescription by a licensed medical practitioner. -(x) If the court or magistrate specifically finds on the record that it is necessary to protect public safety, undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose. -(xi) Execute an agreement to forfeit upon failing to appear as required, property of a sufficient unencumbered value, including money, as is reasonably necessary to assure the appearance of the person as required. -(xii) Execute a bail bond with solvent sureties, who will execute an agreement to forfeit in an amount reasonably necessary to assure appearance of the person as required. In determining the amount required, the court or magistrate shall consider the person’s ability to pay. -(xiii) Return to custody for specified hours following release for employment, schooling, or other limited purposes. -(xiv) Satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community. -(2) In a case in which the defendant is charged with sexual assault, as defined in paragraph (3) of subdivision (b) of Section 13750, of a minor or failure to register pursuant to Section 290, release pursuant to this subdivision shall contain, at a minimum, a condition of electronic monitoring and the conditions specified in clauses (iv), (v), (vi), (vii), and (viii) of subparagraph (B) of paragraph (1), if the imposition of those conditions is reasonable and necessary to protect public safety in that case. -(3) The court or magistrate shall not impose a financial condition to secure the pretrial detention of the person unless that condition is required to assure the appearance of the person pursuant to clause (xi) or (xii) of subparagraph (B) of paragraph (1). -(4) The court or magistrate may, at any time, amend the order to release a person pursuant to this subdivision to impose additional or different conditions. -(d) (1) The court or magistrate shall order the detention of the person, for a period of not more than 10 days, and direct the district attorney to notify the appropriate court, probation or parole officer, or federal, state, or local law enforcement official, if the court or magistrate determines both of the following: -(A) The person is, and was at the time the offense was committed, on any of the following: -(i) Release pending trial for a felony under federal, state, or local law. -(ii) Release pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, for any offense under federal, state, or local law. -(iii) Conditional release, probation, postrelease community supervision, or parole for any offense under federal, state, or local law. -(B) The person may flee or pose a danger to any other person or the community. -(2) If the official fails or declines to take the person into custody during that period, the person shall be treated in accordance with the other provisions of this section. -(e) If, after a hearing pursuant to subdivision (f), the court or magistrate finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, the court or magistrate shall order the detention of the person before trial, except in cases in which bail is required pursuant to Section 12 or paragraph (3) of subdivision (f) of Section 28 of Article I of the California Constitution, in which case the court or magistrate shall set bail in accordance with other provisions of this chapter. -(f) (1) The court or magistrate shall hold a hearing to determine if release on his or her own recognizance, release upon execution of an unsecured appearance bond, or release with any condition or combination of conditions described in paragraph (1) of subdivision (c) will reasonably assure the appearance of such person as required and the safety of any other person and the community. -(2) (A) The hearing shall be held immediately upon the person’s first appearance before the court or magistrate unless the person, or the district attorney, seeks a continuance. -(B) A continuance on motion of the district attorney shall not exceed three court days. -(3) At the hearing, the person has the right to be represented by counsel, and, if financially unable to obtain adequate representation, to have counsel appointed. -(4) The facts the court or magistrate uses to support a finding described in subdivision (e) shall be stated on the record. -(5) The hearing may be reopened, before or after a determination by the court or magistrate, at any time before trial if the court or magistrate finds that information exists that was not known to the movant at the time of the hearing and that information has a material bearing on the issue whether there is a condition or combination of conditions that will reasonably assure the appearance of such person as required and the safety of any other person and the community. -(g) Notwithstanding any other law, the court or magistrate shall, in determining whether there is a condition or combination of conditions that will reasonably assure the appearance of the person as required and the safety of any other person and the community, take into account the available information concerning all of the following: -(1) The nature and circumstances of the offense charged, including, but not limited to, whether the offense is a crime of violence or involved a minor victim or a controlled substance, firearm, explosive, or destructive device. -(2) The weight of the evidence against the person. -(3) The history and characteristics of the person, including both the following: -(A) The person’s character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings. -(B) Whether, at the time of the current offense or arrest, the person was on probation, postrelease community supervision, parole, or other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal, state, or local law. -(4) The nature and seriousness of the danger to any person or the community that would be posed by the person’s release. -(h) An order issued pursuant to subdivision (b) or (c) shall include a written statement that sets forth all the conditions to which the person is subject, in a manner sufficiently clear and specific to serve as a guide for the person’s conduct and all of the following advisements: -(1) The penalties for violating a condition imposed in the order, including the penalties for committing an offense while released prior to trial. -(2) The consequences of violating a condition imposed in the order, including the immediate issuance of a warrant for the person’s arrest. -(3) Applicable penalties relating to intimidation of witnesses, jurors, and officers of the court, obstruction of criminal investigations, tampering with a witness, victim, or an informant, and retaliating against a witness, victim, or an informant. -(i) A detention order issued pursuant to subdivision (e) shall include written findings of fact and a written statement of the reasons for the detention, direct that the person be committed to a county jail separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal, and direct that the person be afforded reasonable opportunity for private consultation with counsel. -(j) For purposes of this section, “unsecured appearance bond” means an order to release a person upon his or her promise to appear in court and his or her unsecured promise to pay an amount of money, specified by the court using its discretion, if he or she fails to appear as promised. -SECTION 1. -Section 13557.5 is added to the -Water Code -, to read: -13557.5. -(a)The Legislature hereby finds and declares that, except in compliance with the provisions of this section, it is a waste and unreasonable use of water within the meaning of Section 2 of Article X of the California Constitution to discharge treated wastewater from an ocean or bay outfall, or for a water supplier or water replenishment district to not take treated wastewater made available to the supplier or district for groundwater recharge, surface water augmentation, or landscape irrigation. -(b)On or before January 1, 2020, the state board shall promulgate regulations to require both of the following: -(1)On or before January 1, 2023, each holder of an NPDES permit to submit to the state board the permitholder’s plans to achieve beneficial reuse, to the maximum extent possible, of treated wastewater that would otherwise be discharged through ocean or bay outfalls. -(2)On or before January 1, 2033, the beneficial reuse of at least 50 percent of treated wastewater that the NPDES permitholder would otherwise discharge through ocean or bay outfalls relative to the inflow to the treatment plant. -(c)The regulations promulgated pursuant to subdivision (b) shall provide operational and compliance flexibility in the event of an emergency, scheduled maintenance or repairs, extreme weather events, or any other factor that the board determines warrants consideration. -(d)In developing the regulations pursuant to subdivision (b), the state board may convene an advisory group for the purpose of preparing a report or recommendations to the state board about how to implement this section and the state board may consider any other recommendations or testimony provided during the regulation adoption process. -(e)Consistent with Section 3 of Article XIII A of the California Constitution, the state board may adopt reasonable fees payable by a holder of an NPDES permit to recover costs incurred in administering this section.","Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires that bail be set in a fixed amount, as specified, and requires, in setting, reducing, or denying bail, a judge or magistrate to take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or at a hearing of the case. Under existing law, the magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendant’s appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendant’s release on his or her own recognizance. -This bill would require, notwithstanding any other law, and upon the appearance before a competent court or magistrate of a person charged with a criminal offense, the court or magistrate to hold a specified hearing and take one of several actions, including, among others, releasing the person on his or her own recognizance or upon execution of an unsecured appearance bond, unless the court or magistrate determines that release pursuant to that provision will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. The bill would also require the court or magistrate, if the court determines that releasing the person on his or her own recognizance or upon execution of an unsecured appearance bond will not reasonably assure his or her appearance as required or will endanger the safety of any other person or the community, to order the pretrial release of the person subject to specified conditions. If the court or magistrate finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, the court or magistrate shall order the detention of the person before trial, except as otherwise specified. The bill would require the court or magistrate to order the detention of the person for a period of not more than 10 days, and direct the district attorney to notify the appropriate court, probation or parole officer, or federal, state or local law enforcement official, if the court or magistrate determines the person may flee or pose a danger to any other person or the community and the person is, and was at the time the offense was committed, released pending trial, released pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, or on conditional release, probation, postrelease community supervision, or parole. -The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented. Existing law declares that the use of potable domestic water for certain nonpotable uses is a waste or an unreasonable use of water if recycled water is available, as determined by the State Water Resources Control Board, and other requirements are met. -Under existing law, the state board and the 9 California regional water quality control boards prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. -This bill would declare that, except in compliance with the bill’s provisions, it is a waste and unreasonable use of water to discharge treated wastewater from an ocean or bay outfall, or for a water supplier or water replenishment district to not take treated wastewater made available for certain purposes. The bill would require the state board to promulgate regulations, on or before January 1, 2020, that would require each NPDES permitholder, on or before January 1, 2023, to submit to the state board the permitholder’s plans to achieve beneficial reuse, to the maximum extent possible, of treated wastewater that would otherwise be discharged through ocean or bay outfalls. The bill would require these regulations to require, on or before January 1, 2033, the beneficial reuse of at least 50% of treated wastewater that the NPDES permitholder would otherwise discharge though ocean or bay outfalls relative to the inflow to the treatment plant. The bill would require the regulations to provide operational and compliance flexibility, as specified. The bill would authorize the state board to convene an advisory group and to consider any other recommendations or testimony provided during the regulation adoption process. The bill would authorize the state board to adopt reasonable fees payable by a holder of an NPDES permit to recover costs incurred in administering these provisions.","An act to add Section -13557.5 to the Water Code, relating to water. -1271.5 to the Penal Code, relating to bail." -35,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 667.61 of the Penal Code is amended to read: -667.61. -(a) Except as provided in subdivision (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 25 years to life. -(b) Except as provided in subdivision (a), (j), (l), or (m), -any -a -person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 15 years to life. -(c) This section shall apply to any of the following offenses: -(1) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261. -(2) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262. -(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. -(4) Lewd or lascivious act, in violation of subdivision (b) of Section 288. -(5) Sexual penetration, in violation of subdivision (a) of Section 289. -(6) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286. -(7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 288a. -(8) Lewd or lascivious act, in violation of subdivision (a) of Section 288. -(9) Continuous sexual abuse of a child, in violation of Section 288.5. -(d) The following circumstances shall apply to the offenses specified in subdivision (c): -(1) The defendant has been convicted of -a separate violation of an -more than one -offense specified in subdivision (c) -on charges brought and tried separately -, including an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c). This paragraph shall apply irrespective of the order in which the offenses were committed or the convictions obtained. -(2) The defendant kidnapped the victim of the present offense and the movement of the victim substantially increased the risk of harm to the victim over and above that level of risk necessarily inherent in the underlying offense in subdivision (c). -(3) The defendant inflicted aggravated mayhem or torture on the victim or another person in the commission of the present offense in violation of Section 205 or 206. -(4) The defendant committed the present offense during the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, with intent to commit an offense specified in subdivision (c). -(5) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed -any -an -act described in paragraph (2), (3), or (4) of this subdivision. -(6) The defendant personally inflicted great bodily injury on the victim or another person in the commission of the present offense in violation of Section 12022.53, 12022.7, or 12022.8. -(7) The defendant personally inflicted bodily harm on the victim who was under 14 years of age. -(e) The following circumstances shall apply to the offenses specified in subdivision (c): -(1) Except as provided in paragraph (2) of subdivision (d), the defendant kidnapped the victim of the present offense in violation of Section 207, 209, or 209.5. -(2) Except as provided in paragraph (4) of subdivision (d), the defendant committed the present offense during the commission of a burglary in violation of Section 459. -(3) The defendant personally used a dangerous or deadly weapon or a firearm in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5, or 12022.53. -(4) The defendant has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim. -(5) The defendant engaged in the tying or binding of the victim or another person in the commission of the present offense. -(6) The defendant administered a controlled substance to the victim in the commission of the present offense in violation of Section 12022.75. -(7) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed -any -an -act described in paragraph (1), (2), (3), (5), or (6) of this subdivision or paragraph (6) of subdivision (d). -(f) If only the minimum number of circumstances specified in subdivision (d) or (e) that are required for the punishment provided in subdivision (a), (b), (j), (l), or (m) to apply have been pled and proved, that circumstance or those circumstances shall be used as the basis for imposing the term provided in subdivision (a), (b), (j), (l), or (m) whichever is greater, rather than being used to impose the punishment authorized under any other -provision of -law, unless another -provision of -law provides for a greater penalty or the punishment under another -provision of -law can be imposed in addition to the punishment provided by this section. However, if -any -an -additional circumstance or circumstances specified in subdivision (d) or (e) have been pled and proved, the minimum number of circumstances shall be used as the basis for imposing the term provided in subdivision (a), (j), or (l) and any other additional circumstance or circumstances shall be used to impose -any -a -punishment or enhancement authorized under any other -provision of -law. -(g) Notwithstanding Section 1385 or any other -provision of -law, the court shall not strike -any -an -allegation, admission, or finding of any of the circumstances specified in subdivision (d) or (e) for -any -a -person who is subject to punishment under this section. -(h) Notwithstanding any other -provision of -law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, -any -a -person who is subject to punishment under this section. -(i) For -any -an -offense specified in paragraphs (1) to (7), inclusive, of subdivision (c), or in paragraphs (1) to (6), inclusive, of subdivision (n), the court shall impose a consecutive sentence for each offense that results in a conviction under this section if the crimes involve separate victims or involve the same victim on separate occasions as defined in subdivision (d) of Section 667.6. -(j) (1) -Any -A -person who is convicted of an offense specified in subdivision (c), with the exception of a violation of subdivision (a) of Section 288, upon a victim who is a child under 14 years of age under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), shall be punished by imprisonment in the state prison for life without the possibility of parole. Where the person was under 18 years of age at the time of the offense, the person shall be punished by imprisonment in the state prison for 25 years to life. -(2) -Any -A -person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e), upon a victim who is a child under 14 years of age, shall be punished by imprisonment in the state prison for 25 years to life. -(k) As used in this section, “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit an offense specified in subdivision (c). -(l) -Any -A -person who is convicted of an offense specified in subdivision (n) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), upon a victim who is a minor 14 years of age or older shall be punished by imprisonment in the state prison for life without the possibility of parole. If the person who was convicted was under 18 years of age at the time of the offense, he or she shall be punished by imprisonment in the state prison for 25 years to life. -(m) -Any -A -person who is convicted of an offense specified in subdivision (n) under one of the circumstances specified in subdivision (e) against a minor 14 years of age or older shall be punished by imprisonment in the state prison for 25 years to life. -(n) Subdivisions (l) and (m) shall apply to any of the following offenses: -(1) Rape, in violation of paragraph (2) of subdivision (a) of Section 261. -(2) Spousal rape, in violation of paragraph (1) of subdivision (a) of Section 262. -(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. -(4) Sexual penetration, in violation of paragraph (1) of subdivision (a) of Section 289. -(5) Sodomy, in violation of paragraph (2) of subdivision (c) of Section 286, or in violation of subdivision (d) of Section 286. -(6) Oral copulation, in violation of paragraph (2) of subdivision (c) of Section 288a, or in violation of subdivision (d) of Section 288a. -(o) The penalties provided in this section shall apply only if the existence of any circumstance specified in subdivision (d) or (e) is alleged in the accusatory pleading pursuant to this section, and is either admitted by the defendant in open court or found to be true by the trier of fact.","Existing law, as amended by Proposition 83, the Sexual Predator Punishment and Control Act (Jessica’s Law), approved by the voters at the November 7, 2006, statewide general election, provides that a defendant shall be punished by imprisonment in the state prison for 25 years to life if convicted of certain crimes, including rape, sexual penetration, sodomy, oral copulation, continuous sexual abuse of a child, or rape, spousal rape, or sexual penetration in concert, if certain circumstances were present, including, among other things, if the defendant has been previously convicted of a specified offense. Proposition 83 provides that the Legislature may amend the provisions of the act to expand the scope of their application or increase the punishment or penalties by a statute passed by a majority vote of each house. -This bill would specify that the -25-year to life -prison term -of 25 years to life -applies if the defendant has been convicted of -a separate violation of a -more than one -specified offense -on charges brought and tried separately, -irrespective of the order in which the offenses were committed or the convictions obtained.","An act to amend Section 667.61 of the Penal Code, relating to crimes." -36,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12025 of the Fish and Game Code is amended to read: -12025. -(a) In addition to any penalties imposed by any other law, a person found to have violated the code sections described in paragraphs (1) to (11), inclusive, in connection with the production or cultivation of a controlled substance on land under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the United States Bureau of Land Management, or within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code, of more than 50,000 acres, or while trespassing on other public or private land in connection with the production or cultivation of a controlled substance, shall be liable for a civil penalty as follows: -(1) A person who violates Section 1602 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. -(2) A person who violates Section 5650 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. -(3) A person who violates Section 5652 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. -(4) A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. -(5) A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. -(6) A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. -(7) A person who violates Section 384a of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. -(8) A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. -(9) A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. -(10) A person who violates Section 2000 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. -(11) A person who violates Section 2002 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. -(b) (1) In addition to any penalties imposed by any other law, a person found to have violated the code sections described in this subdivision in connection with the production or cultivation of a controlled substance on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner shall be liable for a civil penalty as follows: -(A) A person who violates Section 1602 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. -(B) A person who violates Section 5650 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. -(C) A person who violates Section 5652 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. -(D) A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. -(E) A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. -(F) A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. -(G) A person who violates Section 384a of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. -(H) A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. -(I) A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. -(J) A person who violates Section 2000 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. -(K) A person who violates Section 2002 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. -(2) Each day that a violation of a code section described in this subdivision occurs or continues to occur shall constitute a separate violation. -(c) The civil penalty imposed for each separate violation pursuant to this section is in addition to any other civil penalty imposed for another violation of this section, or any violation of any other law. -(d) All civil penalties imposed or collected by a court for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the following manner: -(1) Thirty percent shall be distributed to the county in which the violation was committed pursuant to Section 13003. The county board of supervisors shall first use any revenues from those penalties to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation. -(2) (A) Thirty percent shall be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in this section. -(B) If the department receives reimbursement pursuant to this paragraph for activities funded pursuant to subdivision (f) of Section 4629.6 of the Public Resources Code, the reimbursement funds shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, if there is an unpaid balance for a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. -(3) Forty percent shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, and used for grants authorized pursuant to Section 4629.6 of the Public Resources Code that improve forest health by remediating former marijuana growing operations. -(e) Civil penalties authorized pursuant to this section may be imposed administratively by the department if all of the following occur: -(1) The chief deputy director or law enforcement division assistant chief in charge of marijuana-related enforcement issues a complaint to any person or entity on which an administrative civil penalty may be imposed pursuant to this section. The complaint shall allege the act or failure to act that constitutes a violation, any facts related to natural resources impacts, the provision of law authorizing the civil penalty to be imposed, and the proposed penalty amount. -(2) The complaint and order is served by personal notice or certified mail and informs the party served that the party may request a hearing not later than 20 days from the date of service. If a hearing is requested, it shall be scheduled before the director or his or her designee, which designee shall not be the chief deputy or assistant chief issuing the complaint and order. A request for a hearing shall contain a brief statement of the material facts the party claims support his or her contention that no administrative penalty should be imposed or that an administrative penalty of a lesser amount is warranted. A party served with a complaint pursuant to this subdivision waives his or her right to a hearing if a hearing is not requested within 20 days of service of the complaint, in which case the order imposing the administrative penalty shall become final. -(3) The director, or his or her designee, shall control the nature and order of hearing proceedings. Hearings shall be informal in nature, and need not be conducted according to the technical rules relating to evidence. The director or his or her designee shall issue a final order within 45 days of the close of the hearing. A copy of the final order shall be served by certified mail upon the party served with the complaint. -(4) A party may obtain review of the final order by filing a petition for a writ of mandate with the superior court within 30 days of the date of service of the final order. The administrative penalty shall be due and payable to the department within 60 days after the time to seek judicial review has expired, or, where the party did not request a hearing of the order, within 20 days after the order imposing an administrative penalty becomes final. -(5) The department may adopt regulations to implement this subdivision. -(f) All administrative penalties imposed or collected by the department for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, to repay any unpaid balance of a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. Any remaining funds from administrative penalties collected pursuant to this section shall be apportioned in the following manner: -(1) Fifty percent shall be deposited into the Timber Regulation and Forest Restoration Fund for grants authorized pursuant to subdivision (h) of Section 4629.6 of the Public Resources Code, with priority given to grants that improve forest health by remediating former marijuana growing operations. -(2) Fifty percent shall be deposited into the Fish and Game Preservation Fund. -(g) Any civil penalty imposed pursuant to this section for the violation of an offense described in paragraph (4), (5), or (6) of subdivision (a) or subparagraph (D), (E), or (F) of paragraph (1) of subdivision (b) for which the person was convicted shall be offset by the amount of any restitution ordered by a criminal court. -(h) For purposes of this section, “controlled substance” has the same meaning as defined in Section 11007 of the Health and Safety Code.","Existing law imposes various civil penalties for violations of specified provisions of the Fish and Game Code in connection with the production or cultivation of a controlled substance. Existing law requires all civil penalties collected to be apportioned as provided, including 30% of the funds to be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in these provisions. -Existing law authorizes the Department of Fish and Wildlife to impose those civil penalties administratively, subject to specified requirements relating to complaint and hearing procedures, among other things. Existing law authorizes the department to adopt regulations to implement these provisions and requires the administrative penalties collected to be apportioned in a specified manner. -This bill would impose various additional civil penalties, subject to these provisions, for violations of specified provisions of the Penal Code and the Public Resources Code, in connection with the production or cultivation of a controlled substance.","An act to amend Section 12025 of the Fish and Game Code, relating to controlled substances." -37,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 43.101 is added to the Civil Code, to read: -43.101. -(a) An emergency responder shall not be liable for any damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the emergency responder was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of the emergency services listed in Section 853 of the Government Code. -(b) (1) For purposes of this section, “emergency responder” means either of the following, if acting within the scope of authority implicitly or expressly provided by a public entity or a public employee to provide emergency services: -(A) A paid or unpaid volunteer. -(B) A private entity. -(2) All of the following terms shall have the same meaning as the terms as used in Chapter 4.5 (commencing with Section 853) of Part 2 of Division 3.6 of Title 1 of the Government Code: -(A) Public employee. -(B) Public entity. -(C) Unmanned aircraft. -(D) Unmanned aircraft system. -SEC. 2. -Chapter 4.5 (commencing with Section 853) is added to Part 2 of Division 3.6 of Title 1 of the Government Code, to read: -CHAPTER 4.5. Unmanned Aircraft -853. -A public entity or public employee shall not be liable for any damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the public entity or public employee was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any of the following emergency services: -(a) Emergency medical services or ambulance transport services, including, but not limited to, air ambulance services. -(b) Firefighting or firefighting-related services, including, but not limited to, air services related to firefighting or firefighting-related services. -(c) Search and rescue services, including, but not limited to, air search and rescue services. -853.5. -The following definitions shall apply to this chapter: -(a) “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. -(b) “Unmanned aircraft system” means an unmanned aircraft and associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system. -SEC. 3. -Section 402.5 is added to the Penal Code, to read: -402.5. -(a) It is unlawful to knowingly, intentionally, or recklessly operate an unmanned aircraft or unmanned aircraft system in a manner that prevents or delays the extinguishment of a fire, or in any way interferes with the efforts of firefighters to control, contain, or extinguish a fire, including, but not limited to, efforts to control, contain, or extinguish the fire from the air. A violation of this section is punishable by imprisonment in a county jail not to exceed six months, by a fine not to exceed five thousand dollars ($5,000), or by both that imprisonment and fine. -(b) (1) For purposes of this section, “unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. -(2) For purposes of this section, “unmanned aircraft system” means an unmanned aircraft and associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the individual in command to operate safely and efficiently in the national airspace system. -(3) For purposes of this section, “recklessly” means a person is aware of and consciously disregards a substantial and unjustifiable risk that his or her act will prevent or delay the extinguishment of a fire, or in any way interfere with the efforts of firefighters to control, contain, or extinguish a fire, including, but not limited to, efforts to control, contain, or extinguish the fire from the air. The risk shall be of such nature and degree that disregard of that risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware of that risk solely by reason of voluntary intoxication also acts recklessly for purposes of this section. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 5. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -To address the interference of unmanned aircraft and unmanned aircraft systems with efforts to fight fires and to keep fires from raging out of control during this historic drought, and to protect public and private emergency responders who are providing specific critical emergency services from potential civil liability relating to the new and increasing proliferation of unmanned aircraft systems that disrupt the provision of those emergency services, it is necessary that this act take effect immediately.","(1) Existing law makes it a misdemeanor to engage in disorderly conduct that delays or prevents a fire from being timely extinguished or to resist or interfere with the lawful efforts of a firefighter in the discharge of an official duty. Existing law makes it a misdemeanor to impede police officers, firefighters, emergency personnel, or military personnel in the performance of their duties in coping with an emergency. -This bill would make it unlawful to knowingly, intentionally, or recklessly operate an unmanned aircraft or unmanned aircraft system, as defined, in a manner that prevents or delays the extinguishment of a fire, or in any way interferes with the efforts of firefighters to control, contain, or extinguish a fire. The bill would make a violation of this prohibition punishable by imprisonment in a county jail not to exceed 6 months, by a fine not to exceed $5,000, or by both that fine and imprisonment. By creating a new crime, this bill would impose a state-mandated local program. -(2) Existing law provides certain individuals with immunity from civil liability under specific circumstances, including, among others, limiting the civil liability of a person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency, as specified. -This bill would further limit the exposure to civil liability of an emergency responder, defined as an unpaid volunteer or private entity acting within the scope of authority implicitly or expressly provided by a public entity or a public employee to provide emergency services, for damages to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the emergency responder was performing specific emergency services and the unmanned aircraft or unmanned aircraft system was interfering with the provision of those emergency services. -(3) The Government Claims Act sets forth the general procedure for the presentation of a claim as a prerequisite to the commencement of an action for money or damages against a “public entity” or a “public employee,” and defines those terms for its purposes. The act prohibits liability against a public entity or public employee for, among other things, certain acts relating to the provision of fire protection and police and correctional activities, as specified. -This bill would further limit the exposure to civil liability of a public entity or public employee for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the public entity or public employee was performing specific emergency services and the unmanned aircraft or unmanned aircraft system was interfering with the provision of those emergency services. -(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -(5) This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Section 43.101 to the Civil Code, to add Chapter 4.5 (commencing with Section 853) to Part 2 of Division 3.6 of Title 1 of the Government Code, and to add Section 402.5 to the Penal Code, relating to unmanned aircraft systems, and declaring the urgency thereof, to take effect immediately." -38,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10721 of the Water Code is amended to read: -10721. -Unless the context otherwise requires, the following definitions govern the construction of this part: -(a) “Adjudication action” means an action filed in the superior or federal district court to determine the rights to extract groundwater from a basin or store water within a basin, including, but not limited to, actions to quiet title respecting rights to extract or store groundwater or an action brought to impose a physical solution on a basin. -(b) “Basin” means a groundwater basin or subbasin identified and defined in Bulletin 118 or as modified pursuant to Chapter 3 (commencing with Section 10722). -(c) “Bulletin 118” means the department’s report entitled “California’s Groundwater: Bulletin 118” updated in 2003, as it may be subsequently updated or revised in accordance with Section 12924. -(d) “Coordination agreement” means a legal agreement adopted between two or more groundwater sustainability agencies that provides the basis for coordinating multiple agencies or groundwater sustainability plans within a basin pursuant to this part. -(e) “De minimis extractor” means a person who extracts, for domestic purposes, -two -10 -acre-feet or less per year. -(f) “Governing body” means the legislative body of a groundwater sustainability agency. -(g) “Groundwater” means water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels. -(h) “Groundwater extraction facility” means a device or method for extracting groundwater from within a basin. -(i) “Groundwater recharge” means the augmentation of groundwater, by natural or artificial means. -(j) “Groundwater sustainability agency” means one or more local agencies that implement the provisions of this part. For purposes of imposing fees pursuant to Chapter 8 (commencing with Section 10730) or taking action to enforce a groundwater sustainability plan, “groundwater sustainability agency” also means each local agency comprising the groundwater sustainability agency if the plan authorizes separate agency action. -(k) “Groundwater sustainability plan” or “plan” means a plan of a groundwater sustainability agency proposed or adopted pursuant to this part. -(l) “Groundwater sustainability program” means a coordinated and ongoing activity undertaken to benefit a basin, pursuant to a groundwater sustainability plan. -(m) “Local agency” means a local public agency that has water supply, water management, or land use responsibilities within a groundwater basin. -(n) “Operator” means a person operating a groundwater extraction facility. The owner of a groundwater extraction facility shall be conclusively presumed to be the operator unless a satisfactory showing is made to the governing body of the groundwater sustainability agency that the groundwater extraction facility actually is operated by some other person. -(o) “Owner” means a person owning a groundwater extraction facility or an interest in a groundwater extraction facility other than a lien to secure the payment of a debt or other obligation. -(p) “Personal information” has the same meaning as defined in Section 1798.3 of the Civil Code. -(q) “Planning and implementation horizon” means a 50-year time period over which a groundwater sustainability agency determines that plans and measures will be implemented in a basin to ensure that the basin is operated within its sustainable yield. -(r) “Public water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. -(s) “Recharge area” means the area that supplies water to an aquifer in a groundwater basin. -(t) “Sustainability goal” means the existence and implementation of one or more groundwater sustainability plans that achieve sustainable groundwater management by identifying and causing the implementation of measures targeted to ensure that the applicable basin is operated within its sustainable yield. -(u) “Sustainable groundwater management” means the management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results. -(v) “Sustainable yield” means the maximum quantity of water, calculated over a base period representative of long-term conditions in the basin and including any temporary surplus, that can be withdrawn annually from a groundwater supply without causing an undesirable result. -(w) “Undesirable result” means one or more of the following effects caused by groundwater conditions occurring throughout the basin: -(1) Chronic lowering of groundwater levels indicating a significant and unreasonable depletion of supply if continued over the planning and implementation horizon. Overdraft during a period of drought is not sufficient to establish a chronic lowering of groundwater levels if extractions and recharge are managed as necessary to ensure that reductions in groundwater levels or storage during a period of drought are offset by increases in groundwater levels or storage during other periods. -(2) Significant and unreasonable reduction of groundwater storage. -(3) Significant and unreasonable seawater intrusion. -(4) Significant and unreasonable degraded water quality, including the migration of contaminant plumes that impair water supplies. -(5) Significant and unreasonable land subsidence that substantially interferes with surface land uses. -(6) Depletions of interconnected surface water that have significant and unreasonable adverse impacts on beneficial uses of the surface water. -(x) “Water budget” means an accounting of the total groundwater and surface water entering and leaving a basin including the changes in the amount of water stored. -(y) “Watermaster” means a watermaster appointed by a court or pursuant to other law. -(z) “Water year” means the period from October 1 through the following September 30, inclusive. -(aa) “Wellhead protection area” means the surface and subsurface area surrounding a water well or well field that supplies a public water system through which contaminants are reasonably likely to migrate toward the water well or well field.","Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. Existing law authorizes a groundwater sustainability agency to require through its groundwater sustainability plan that the use of every groundwater extraction facility within the management area of the groundwater sustainablity agency be measured by a water-measuring device, but provides that these provisions do not apply to de minimis extractors. Existing law authorizes a groundwater sustainability agency to impose fees but prohibits a groundwater sustainability agency from imposing a fee to fund the costs of a groundwater sustainability program on a de minimis extractor unless the agency has regulated the users pursuant to the act. Existing law generally excepts a de minimis extractor from the requirement that a person who extracts groundwater from a probationary basin, as prescribed, or extracts groundwater on or after July 1, 2017, in an area within a basin that is not within the management area of a groundwater sustainability agency and where the county does not assume responsibility to be the groundwater sustainability agency has to file a report of groundwater extraction by December 15 of each year for extractions made in the preceding water year with the State Water Resources Control Board. Existing law defines a de minimis extractor for these purposes as a person who extracts, for domestic purposes, 2 acre-feet or less per year. -This bill would define a de minimis extractor for the purposes of these provisions as a person who extracts, for domestic purposes, 10 acre-feet or less per year.","An act to amend Section 10721 of the Water Code, relating to groundwater." -39,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1347 of the Penal Code is amended to read: -1347. -(a) It is the intent of the Legislature in enacting this section to provide the court with discretion to employ alternative court procedures to protect the rights of a child witness, the rights of the defendant, and the integrity of the judicial process. In exercising its discretion, the court necessarily will be required to balance the rights of the defendant or defendants against the need to protect a child witness and to preserve the integrity of the court’s truthfinding function. This discretion is intended to be used selectively when the facts and circumstances in an individual case present compelling evidence of the need to use these alternative procedures. -(b) Notwithstanding any other law, the court in a criminal proceeding, upon written notice by the prosecutor made at least three days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled, or during the course of the proceeding on the court’s own motion, may order that the testimony of a minor 13 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes all of the following findings: -(1) The minor’s testimony will involve a recitation of the facts of any of the following: -(A) An alleged sexual offense committed on or with the minor. -(B) An alleged violent felony, as defined in subdivision (c) of Section 667.5. -(C) An alleged felony offense specified in Section 273a or 273d of which the minor is a victim. -(2) The impact on the minor of one or more of the factors enumerated in subparagraphs (A) to (E), inclusive, is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness unless closed-circuit testimony is used. -(A) Testimony by the minor in the presence of the defendant would result in the child suffering serious emotional distress so that the child would be unavailable as a witness. -(B) The defendant used a deadly weapon in the commission of the offense. -(C) The defendant threatened serious bodily injury to the child or the child’s family, threatened incarceration or deportation of the child or a member of the child’s family, threatened removal of the child from the child’s family, or threatened the dissolution of the child’s family in order to prevent or dissuade the minor from attending or giving testimony at any trial or court proceeding, or to prevent the minor from reporting the alleged sexual offense, or from assisting in criminal prosecution. -(D) The defendant inflicted great bodily injury upon the child in the commission of the offense. -(E) The defendant or his or her counsel behaved during the hearing or trial in a way that caused the minor to be unable to continue his or her testimony. -In making the determination required by this section, the court shall consider the age of the minor, the relationship between the minor and the defendant or defendants, any handicap or disability of the minor, and the nature of the acts charged. The minor’s refusal to testify shall not alone constitute sufficient evidence that the special procedure described in this section is necessary to obtain the minor’s testimony. -(3) The equipment available for use of closed-circuit television would accurately communicate the image and demeanor of the minor to the judge, jury, defendant or defendants, and attorneys. -(c) If the court orders the use of closed-circuit television, two-way closed-circuit television shall be used, except that if the impact on the minor of one or more of the factors enumerated in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (b), is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness even if two-way closed-circuit television is used, one-way closed-circuit television may be used. The prosecution shall give the defendant or defendants at least 30 days’ written notice of the prosecution’s intent to seek the use of one-way closed-circuit television, unless the prosecution shows good cause to the court why this 30-day notice requirement should not apply. -(d) (1) The hearing on a motion brought pursuant to this section shall be conducted out of the presence of the jury. -(2) Notwithstanding Section 804 of the Evidence Code or any other law, the court, in determining the merits of the motion, shall not compel the minor to testify at the hearing, nor shall the court deny the motion on the ground that the minor has not testified. -(3) In determining whether the impact on an individual child of one or more of the five factors enumerated in paragraph (2) of subdivision (b) is so substantial that the minor is unavailable as a witness unless two-way or one-way closed-circuit television is used, the court may question the minor in chambers, or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the support person, the prosecutor, and defense counsel present. The defendant or defendants shall not be present. The court shall conduct the questioning of the minor and shall not permit the prosecutor or defense counsel to examine the minor. The prosecutor and defense counsel shall be permitted to submit proposed questions to the court prior to the session in chambers. Defense counsel shall be afforded a reasonable opportunity to consult with the defendant or defendants prior to the conclusion of the session in chambers. -(e) When the court orders the testimony of a minor to be taken in another place outside of the courtroom, the court shall do all of the following: -(1) Make a brief statement on the record, outside of the presence of the jury, of the reasons in support of its order. While the statement need not include traditional findings of fact, the reasons shall be set forth with sufficient specificity to permit meaningful review and to demonstrate that discretion was exercised in a careful, reasonable, and equitable manner. -(2) Instruct the members of the jury that they are to draw no inferences from the use of closed-circuit television as a means of facilitating the testimony of the minor. -(3) Instruct respective counsel, outside of the presence of the jury, that they are to make no comment during the course of the trial on the use of closed-circuit television procedures. -(4) Instruct the support witness, outside of the presence of the jury, that he or she is not to coach, cue, or in any way influence or attempt to influence the testimony of the minor. -(5) Order that a complete record of the examination of the minor, including the images and voices of all persons who in any way participate in the examination, be made and preserved as a video recording in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending and shall be made available for viewing to the prosecuting attorney, the defendant or defendants, and his or her attorney during ordinary business hours. The video recording shall be destroyed after five years have elapsed from the date of entry of judgment. If an appeal is filed, the video recording shall not be destroyed until a final judgment on appeal has been ordered. A video recording that is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the witness. This subdivision does not affect the provisions of subdivision (b) of Section 868.7. -(f) When the court orders the testimony of a minor to be taken in another place outside the courtroom, only the minor, a support person designated pursuant to Section 868.5, a nonuniformed bailiff, any technicians necessary to operate the closed-circuit equipment, and, after consultation with the prosecution and the defense, a representative appointed by the court, shall be physically present for the testimony. A video recording device shall record the image of the minor and his or her testimony, and a separate video recording device shall record the image of the support person. -(g) When the court orders the testimony of a minor to be taken in another place outside the courtroom, the minor shall be brought into the judge’s chambers prior to the taking of his or her testimony to meet for a reasonable period of time with the judge, the prosecutor, and defense counsel. A support person for the minor shall also be present. This meeting shall be for the purpose of explaining the court process to the child and to allow the attorneys an opportunity to establish rapport with the child to facilitate later questioning by closed-circuit television. No participant shall discuss the defendant or defendants or any of the facts of the case with the minor during this meeting. -(h) When the court orders the testimony of a minor to be taken in another place outside the courtroom, nothing in this section prohibits the court from ordering the minor to be brought into the courtroom for a limited purpose, including the identification of the defendant or defendants as the court deems necessary. -(i) The examination shall be under oath, and the defendant or defendants shall be able to see and hear the minor witness, and if two-way closed-circuit television is used, the defendant’s image shall be transmitted live to the witness. -(j) Nothing in this section affects the disqualification of witnesses pursuant to Section 701 of the Evidence Code. -(k) The cost of examination by contemporaneous closed-circuit television ordered pursuant to this section shall be borne by the court out of its existing budget. -(l) Nothing in this section shall be construed to prohibit a defendant from being represented by counsel during any closed-circuit testimony.","Existing law authorizes a court in a criminal proceeding, upon written notice by the prosecutor made at least 3 days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled or during the course of the proceeding on the court’s own motion, to order that the testimony of a minor 13 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes specified findings. One of the findings existing law requires is that the minor’s testimony will involve a recitation of the facts of specified crimes, including an alleged violent felony of which the minor is a victim. -This bill would authorize a minor 13 years of age or younger to testify by contemporaneous examination and cross-examination if the testimony will involve the recitation of the facts of an alleged violent felony, whether or not the minor is a victim.","An act to amend Section 1347 of the Penal Code, relating to crimes." -40,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 3.6 (commencing with Section 1546) is added to Title 12 of Part 2 of the Penal Code, to read: -CHAPTER 3.6. Electronic Communications Privacy Act -1546. -For purposes of this chapter, the following definitions apply: -(a) An “adverse result” means any of the following: -(1) Danger to the life or physical safety of an individual. -(2) Flight from prosecution. -(3) Destruction of or tampering with evidence. -(4) Intimidation of potential witnesses. -(5) Serious jeopardy to an investigation or undue delay of a trial. -(b) “Authorized possessor” means the possessor of an electronic device when that person is the owner of the device or has been authorized to possess the device by the owner of the device. -(c) “Electronic communication” means the transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. -(d) “Electronic communication information” means any information about an electronic communication or the use of an electronic communication service, including, but not limited to, the contents, sender, recipients, format, or location of the sender or recipients at any point during the communication, the time or date the communication was created, sent, or received, or any information pertaining to any individual or device participating in the communication, including, but not limited to, an IP address. Electronic communication information does not include subscriber information as defined in this chapter. -(e) “Electronic communication service” means a service that provides to its subscribers or users the ability to send or receive electronic communications, including any service that acts as an intermediary in the transmission of electronic communications, or stores electronic communication information. -(f) “Electronic device” means a device that stores, generates, or transmits information in electronic form. -(g) “Electronic device information” means any information stored on or generated through the operation of an electronic device, including the current and prior locations of the device. -(h) “Electronic information” means electronic communication information or electronic device information. -(i) “Government entity” means a department or agency of the state or a political subdivision thereof, or an individual acting for or on behalf of the state or a political subdivision thereof. -(j) “Service provider” means a person or entity offering an electronic communication service. -(k) “Specific consent” means consent provided directly to the government entity seeking information, including, but not limited to, when the government entity is the addressee or intended recipient or a member of the intended audience of an electronic communication. Specific consent does not require that the originator of the communication have actual knowledge that an addressee, intended recipient, or member of the specific audience is a government entity. -(l) “Subscriber information” means the name, street address, telephone number, email address, or similar contact information provided by the subscriber to the provider to establish or maintain an account or communication channel, a subscriber or account number or identifier, the length of service, and the types of services used by a user of or subscriber to a service provider. -1546.1. -(a) Except as provided in this section, a government entity shall not do any of the following: -(1) Compel the production of or access to electronic communication information from a service provider. -(2) Compel the production of or access to electronic device information from any person or entity other than the authorized possessor of the device. -(3) Access electronic device information by means of physical interaction or electronic communication with the electronic device. This section does not prohibit the intended recipient of an electronic communication from voluntarily disclosing electronic communication information concerning that communication to a government entity. -(b) A government entity may compel the production of or access to electronic communication information from a service provider, or compel the production of or access to electronic device information from any person or entity other than the authorized possessor of the device only under the following circumstances: -(1) Pursuant to a warrant issued pursuant to Chapter 3 (commencing with Section 1523) and subject to subdivision (d). -(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4 (commencing with Section 629.50) of Title 15 of Part 1. -(3) Pursuant to an order for electronic reader records issued pursuant to Section 1798.90 of the Civil Code. -(4) Pursuant to a subpoena issued pursuant to existing state law, provided that the information is not sought for the purpose of investigating or prosecuting a criminal offense, and compelling the production of or access to the information via the subpoena is not otherwise prohibited by state or federal law. Nothing in this paragraph shall be construed to expand any authority under state law to compel the production of or access to electronic information. -(c) A government entity may access electronic device information by means of physical interaction or electronic communication with the device only as follows: -(1) Pursuant to a warrant issued pursuant to Chapter 3 (commencing with Section 1523) and subject to subdivision (d). -(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4 (commencing with Section 629.50) of Title 15 of Part 1. -(3) With the specific consent of the authorized possessor of the device. -(4) With the specific consent of the owner of the device, only when the device has been reported as lost or stolen. -(5) If the government entity, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires access to the electronic device information. -(6) If the government entity, in good faith, believes the device to be lost, stolen, or abandoned, provided that the entity shall only access electronic device information in order to attempt to identify, verify, or contact the owner or authorized possessor of the device. -(7) Except where prohibited by state or federal law, if the device is seized from an inmate’s possession or found in an area of a correctional facility under the jurisdiction of the Department of Corrections and Rehabilitation where inmates have access and the device is not in the possession of an individual and the device is not known or believed to be the possession of an authorized visitor. Nothing in this paragraph shall be construed to supersede or override Section 4576. -(d) Any warrant for electronic information shall comply with the following: -(1) The warrant shall describe with particularity the information to be seized by specifying the time periods covered and, as appropriate and reasonable, the target individuals or accounts, the applications or services covered, and the types of information sought. -(2) The warrant shall require that any information obtained through the execution of the warrant that is unrelated to the objective of the warrant shall be sealed and not subject to further review, use, or disclosure without a court order. A court shall issue such an order upon a finding that there is probable cause to believe that the information is relevant to an active investigation, or review, use, or disclosure is required by state or federal law. -(3) The warrant shall comply with all other provisions of California and federal law, including any provisions prohibiting, limiting, or imposing additional requirements on the use of search warrants. If directed to a service provider, the warrant shall be accompanied by an order requiring the service provider to verify the authenticity of electronic information that it produces by providing an affidavit that complies with the requirements set forth in Section 1561 of the Evidence Code. Admission of that information into evidence shall be subject to Section 1562 of the Evidence Code. -(e) When issuing any warrant or order for electronic information, or upon the petition from the target or recipient of the warrant or order, a court may, at its discretion, do any or all of the following: -(1) Appoint a special master, as described in subdivision (d) of Section 1524, charged with ensuring that only information necessary to achieve the objective of the warrant or order is produced or accessed. -(2) Require that any information obtained through the execution of the warrant or order that is unrelated to the objective of the warrant be destroyed as soon as feasible after the termination of the current investigation and any related investigations or proceedings. -(f) A service provider may voluntarily disclose electronic communication information or subscriber information when that disclosure is not otherwise prohibited by state or federal law. -(g) If a government entity receives electronic communication information voluntarily provided pursuant to subdivision (f), it shall destroy that information within 90 days unless one or more of the following circumstances apply: -(1) The entity has or obtains the specific consent of the sender or recipient of the electronic communications about which information was disclosed. -(2) The entity obtains a court order authorizing the retention of the information. A court shall issue a retention order upon a finding that the conditions justifying the initial voluntary disclosure persist, in which case the court shall authorize the retention of the information only for so long as those conditions persist, or there is probable cause to believe that the information constitutes evidence that a crime has been committed. -(3) The entity reasonably believes that the information relates to child pornography and the information is retained as part of a multiagency database used in the investigation of child pornography and related crimes. -(h) If a government entity obtains electronic information pursuant to an emergency involving danger of death or serious physical injury to a person, that requires access to the electronic information without delay, the entity shall, within three days after obtaining the electronic information, file with the appropriate court an application for a warrant or order authorizing obtaining the electronic information or a motion seeking approval of the emergency disclosures that shall set forth the facts giving rise to the emergency, and if applicable, a request supported by a sworn affidavit for an order delaying notification under paragraph (1) of subdivision (b) of Section 1546.2. The court shall promptly rule on the application or motion and shall order the immediate destruction of all information obtained, and immediate notification pursuant to subdivision (a) of Section 1546.2 if such notice has not already been given, upon a finding that the facts did not give rise to an emergency or upon rejecting the warrant or order application on any other ground. -(i) This section does not limit the authority of a government entity to use an administrative, grand jury, trial, or civil discovery subpoena to do any of the following: -(1) Require an originator, addressee, or intended recipient of an electronic communication to disclose any electronic communication information associated with that communication. -(2) Require an entity that provides electronic communications services to its officers, directors, employees, or agents for the purpose of carrying out their duties, to disclose electronic communication information associated with an electronic communication to or from an officer, director, employee, or agent of the entity. -(3) Require a service provider to provide subscriber information. -1546.2. -(a) Except as otherwise provided in this section, any government entity that executes a warrant, or obtains electronic information in an emergency pursuant to Section 1546.1, shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, the identified targets of the warrant or emergency request, a notice that informs the recipient that information about the recipient has been compelled or requested, and states with reasonable specificity the nature of the government investigation under which the information is sought. The notice shall include a copy of the warrant or a written statement setting forth facts giving rise to the emergency. The notice shall be provided contemporaneously with the execution of a warrant, or, in the case of an emergency, within three days after obtaining the electronic information. -(b) (1) When a warrant is sought or electronic information is obtained in an emergency under Section 1546.1, the government entity may submit a request supported by a sworn affidavit for an order delaying notification and prohibiting any party providing information from notifying any other party that information has been sought. The court shall issue the order if the court determines that there is reason to believe that notification may have an adverse result, but only for the period of time that the court finds there is reason to believe that the notification may have that adverse result, and not to exceed 90 days. -(2) The court may grant extensions of the delay of up to 90 days each on the same grounds as provided in paragraph (1). -(3) Upon expiration of the period of delay of the notification, the government entity shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective as specified by the court issuing the order authorizing delayed notification, the identified targets of the warrant, a document that includes the information described in subdivision (a), a copy of all electronic information obtained or a summary of that information, including, at a minimum, the number and types of records disclosed, the date and time when the earliest and latest records were created, and a statement of the grounds for the court’s determination to grant a delay in notifying the individual. -(c) If there is no identified target of a warrant or emergency request at the time of its issuance, the government entity shall submit to the Department of Justice within three days of the execution of the warrant or issuance of the request all of the information required in subdivision (a). If an order delaying notice is obtained pursuant to subdivision (b), the government entity shall submit to the department upon the expiration of the period of delay of the notification all of the information required in paragraph (3) of subdivision (b). The department shall publish all those reports on its Internet Web site within 90 days of receipt. The department may redact names or other personal identifying information from the reports. -(d) Except as otherwise provided in this section, nothing in this chapter shall prohibit or limit a service provider or any other party from disclosing information about any request or demand for electronic information. -1546.4. -(a) Any person in a trial, hearing, or proceeding may move to suppress any electronic information obtained or retained in violation of the Fourth Amendment to the United States Constitution or of this chapter. The motion shall be made, determined, and be subject to review in accordance with the procedures set forth in subdivisions (b) to (q), inclusive, of Section 1538.5. -(b) The Attorney General may commence a civil action to compel any government entity to comply with the provisions of this chapter. -(c) An individual whose information is targeted by a warrant, order, or other legal process that is inconsistent with this chapter, or the California Constitution or the United States Constitution, or a service provider or any other recipient of the warrant, order, or other legal process may petition the issuing court to void or modify the warrant, order, or process, or to order the destruction of any information obtained in violation of this chapter, or the California Constitution, or the United States Constitution. -(d) A California or foreign corporation, and its officers, employees, and agents, are not subject to any cause of action for providing records, information, facilities, or assistance in accordance with the terms of a warrant, court order, statutory authorization, emergency certification, or wiretap order issued pursuant to this chapter.","(1) Existing law provides that a search warrant may only be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law also states the grounds upon which a search warrant may be issued, including, among other grounds, when the property or things to be seized consist of any item or constitute any evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony, or when there is a warrant to arrest a person. -This bill would prohibit a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, or subpoena issued pursuant under specified conditions, except for emergency situations, as defined. The bill would also specify the conditions under which a government entity may access electronic device information by means of physical interaction or electronic communication with the device, such as pursuant to a search warrant, wiretap order, or consent of the owner of the device. The bill would define a number of terms for those purposes, including, among others, “electronic communication information” and “electronic device information,” which the bill defines collectively as “electronic information.” The bill would require a search warrant for electronic information to describe with particularity the information to be seized and would impose other conditions on the use of the search warrant or wiretap order and the information obtained, including retention, sealing, and disclosure. The bill would require a warrant directed to a service provider to be accompanied by an order requiring the service provider to verify by affidavit the authenticity of electronic information that it produces, as specified. The bill would authorize a service provider to voluntarily disclose, when not otherwise prohibited by state or federal law, electronic communication information or subscriber information, and would require a government entity to destroy information so provided within 90 days, subject to specified exceptions. The bill would, subject to exceptions, require a government entity that executes a search warrant pursuant to these provisions to contemporaneously provide notice, as specified, to the identified target, that informs the recipient that information about the recipient has been compelled or requested, and that states the nature of the government investigation under which the information is sought. The bill would authorize a delay of 90 days, subject to renewal, for providing the notice under specified conditions that constitute an emergency. The bill would require the notice to include a copy of the warrant or statement describing the emergency under which the notice was delayed. The bill would provide that any person in a trial, hearing, or proceeding may move to suppress any electronic information obtained or retained in violation of its provisions, according to specified procedures. The bill would provide that a California or foreign corporation, and its officers, employees, and agents, are not subject to any cause of action for providing records, information, facilities, or assistance in accordance with the terms of a warrant, wiretap order, or other order issued pursuant to these provisions. -(2) The California Constitution provides for the Right to Truth in Evidence, which requires a -2/3 -vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. -Because this bill would exclude evidence obtained or retained in violation of its provisions in a criminal proceeding, it requires a -2/3 -vote of the Legislature.","An act to add Chapter 3.6 (commencing with Section 1546) to Title 12 of Part 2 of the Penal Code, relating to privacy." -41,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the First Validating Act of 2015. -SEC. 2. -As used in this act: -(a) “Public body” means all of the following: -(1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” also means all cities, counties, cities and counties, districts, authorities, agencies, boards, commissions, and other entities, whether created by a general statute or a special act, including, but not limited to, the following: -Agencies, boards, commissions, or entities constituted or provided for under or pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). -Air pollution control districts of any kind. -Air quality management districts. -Airport districts. -Assessment districts, benefit assessment districts, and special assessment districts of any public body. -Bridge and highway districts. -California water districts. -Citrus pest control districts. -City maintenance districts. -Community college districts. -Community development commissions in their capacity to act as a housing authority for other community development purposes of the jurisdiction in which the commission operates, except for any action taken with respect to the commission’s authority to act as a community redevelopment agency. -Community facilities districts. -Community rehabilitation districts. -Community services districts. -Conservancy districts. -Cotton pest abatement districts. -County boards of education. -County drainage districts. -County flood control and water districts. -County free library systems. -County maintenance districts. -County sanitation districts. -County service areas. -County transportation commissions. -County water agencies. -County water authorities. -County water districts. -County waterworks districts. -Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. -Distribution districts of any public body. -Drainage districts. -Fire protection districts. -Flood control and water conservation districts. -Flood control districts. -Garbage and refuse disposal districts. -Garbage disposal districts. -Geologic hazard abatement districts. -Harbor districts. -Harbor improvement districts. -Harbor, recreation, and conservation districts. -Health care authorities. -Highway districts. -Highway interchange districts. -Highway lighting districts. -Housing authorities. -Improvement districts or improvement areas of any public body. -Industrial development authorities. -Infrastructure financing districts. -Integrated financing districts. -Irrigation districts. -Joint highway districts. -Levee districts. -Library districts. -Library districts in unincorporated towns and villages. -Local agency formation commissions. -Local health care districts. -Local health districts. -Local hospital districts. -Local transportation authorities or commissions. -Maintenance districts. -Memorial districts. -Metropolitan transportation commissions. -Metropolitan water districts. -Mosquito abatement and vector control districts. -Multifamily improvement districts. -Municipal improvement districts. -Municipal utility districts. -Municipal water districts. -Nonprofit corporations. -Nonprofit public benefit corporations. -Open-space maintenance districts. -Parking and business improvement areas. -Parking authorities. -Parking districts. -Permanent road divisions. -Pest abatement districts. -Police protection districts. -Port districts. -Property and business improvement areas. -Protection districts. -Public cemetery districts. -Public utility districts. -Rapid transit districts. -Reclamation districts. -Recreation and park districts. -Regional justice facility financing agencies. -Regional park and open-space districts. -Regional planning districts. -Regional transportation commissions. -Resort improvement districts. -Resource conservation districts. -River port districts. -Road maintenance districts. -Sanitary districts. -School districts of any kind or class. -School facilities improvement districts. -Separation of grade districts. -Service authorities for freeway emergencies. -Sewer districts. -Sewer maintenance districts. -Small craft harbor districts. -Special municipal tax districts. -Stone and pome fruit pest control districts. -Storm drain maintenance districts. -Storm drainage districts. -Storm drainage maintenance districts. -Storm water districts. -Toll tunnel authorities. -Traffic authorities. -Transit development boards. -Transit districts. -Unified and union school districts’ public libraries. -Vehicle parking districts. -Water agencies. -Water authorities. -Water conservation districts. -Water districts. -Water replenishment districts. -Water storage districts. -Watermaster districts. -Wine grape pest and disease control districts. -Zones, improvement zones, or service zones of any public body. -(2) Notwithstanding paragraph (1), “public body” does not include any of the following: -(A) A community redevelopment agency formed pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). -(B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. -(C) A joint powers authority that includes a community redevelopment agency or a community development commission as a member, with respect to its exercise of the powers of a community redevelopment agency. -(b) “Bonds” means all instruments evidencing an indebtedness of a public body incurred or to be incurred for any public purpose, all leases, installment purchase agreements, or similar agreements wherein the obligor is one or more public bodies, all instruments evidencing the borrowing of money in anticipation of taxes, revenues, or other income of that body, all instruments payable from revenues or special funds of those public bodies, all certificates of participation evidencing interests in the leases, installment purchase agreements, or similar agreements, and all instruments funding, refunding, replacing, or amending any thereof or any indebtedness. -(c) “Hereafter” means any time subsequent to the effective date of this act. -(d) “Heretofore” means any time prior to the effective date of this act. -(e) “Now” means the effective date of this act. -SEC. 3. -All public bodies heretofore organized or existing under any law, or under color of any law, are hereby declared to have been legally organized and to be legally functioning as those public bodies. Every public body, heretofore described, shall have all the rights, powers, and privileges, and be subject to all the duties and obligations, of those public bodies regularly formed pursuant to law. -SEC. 4. -The boundaries of every public body as heretofore established, defined, or recorded, or as heretofore actually shown on maps or plats used by the assessor, are hereby confirmed, validated, and declared legally established. -SEC. 5. -All acts and proceedings heretofore taken by any public body or bodies under any law, or under color of any law, for the annexation or inclusion of territory into those public bodies or for the annexation of those public bodies to any other public body or for the detachment, withdrawal, or exclusion of territory from any public body or for the consolidation, merger, or dissolution of any public bodies are hereby confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of any public body and of any person, public officer, board, or agency heretofore done or taken upon the question of the annexation or inclusion or of the withdrawal or exclusion of territory or the consolidation, merger, or dissolution of those public bodies. -SEC. 6. -(a) All acts and proceedings heretofore taken by or on behalf of any public body under any law, or under color of any law, for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds of any public body for any public purpose are hereby authorized, confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of public bodies and of any person, public officer, board, or agency heretofore done or taken upon the question of the authorization, issuance, sale, execution, delivery, or exchange of bonds. -(b) All bonds of, or relating to, any public body heretofore issued shall be, in the form and manner issued and delivered, the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore awarded and sold to a purchaser and hereafter issued and delivered in accordance with the contract of sale and other proceedings for the award and sale shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued by ordinance, resolution, order, or other action adopted or taken by or on behalf of the public body and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued at an election and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. Whenever an election has heretofore been called for the purpose of submitting to the voters of any public body the question of issuing bonds for any public purpose, those bonds, if hereafter authorized by the required vote and in accordance with the proceedings heretofore taken, and issued and delivered in accordance with that authorization, shall be the legal, valid, and binding obligations of the public body. -SEC. 7. -(a) This act shall operate to supply legislative authorization as may be necessary to authorize, confirm, and validate any acts and proceedings heretofore taken pursuant to authority the Legislature could have supplied or provided for in the law under which those acts or proceedings were taken. -(b) This act shall be limited to the validation of acts and proceedings to the extent that the same can be effectuated under the California Constitution and the United States Constitution. -(c) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter being legally contested or inquired into in any legal proceeding now pending and undetermined or that is pending and undetermined during the period of 30 days from and after the effective date of this act. -(d) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter that has heretofore been determined in any legal proceeding to be illegal, void, or ineffective. -(e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. -SEC. 8. -Any action or proceeding contesting the validity of any action or proceeding heretofore taken under any law, or under color of any law, for the formation, organization, or incorporation of any public body, or for any annexation thereto, detachment or exclusion therefrom, or other change of boundaries thereof, or for the consolidation, merger, or dissolution of any public bodies, or for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds thereof upon any ground involving any alleged defect or illegality not effectively validated by the prior provisions of this act and not otherwise barred by any statute of limitations or by laches shall be commenced within six months of the effective date of this act, otherwise each and all of those matters shall be held to be valid and in every respect legal and incontestable. This act shall not extend the period allowed for legal action beyond the period that it would be barred by any presently existing valid statute of limitations. -SEC. 9. -Nothing contained in this act shall be construed to render the creation of any public body, or any change in the boundaries of any public body, effective for purposes of assessment or taxation unless the statement, together with the map or plat, required to be filed pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, is filed within the time and substantially in the manner required by those sections. -SEC. 10. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to validate the organization, boundaries, acts, proceedings, and bonds of public bodies as soon as possible, it is necessary that this act take immediate effect.","This bill would enact the First Validating Act of 2015, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to validate the organization, boundaries, acts, proceedings, and bonds of public bodies, and to provide limitations of time in which actions may be commenced, and declaring the urgency thereof, to take effect immediately." -42,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the Second Validating Act of 2015. -SEC. 2. -As used in this act: -(a) “Public body” means all of the following: -(1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” also means all cities, counties, cities and counties, districts, authorities, agencies, boards, commissions, and other entities, whether created by a general statute or a special act, including, but not limited to, the following: -Agencies, boards, commissions, or entities constituted or provided for under or pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). -Air pollution control districts of any kind. -Air quality management districts. -Airport districts. -Assessment districts, benefit assessment districts, and special assessment districts of any public body. -Bridge and highway districts. -California water districts. -Citrus pest control districts. -City maintenance districts. -Community college districts. -Community development commissions in their capacity to act as a housing authority for other community development purposes of the jurisdiction in which the commission operates, except for any action taken with respect to the commission’s authority to act as a community redevelopment agency. -Community facilities districts. -Community rehabilitation districts. -Community services districts. -Conservancy districts. -Cotton pest abatement districts. -County boards of education. -County drainage districts. -County flood control and water districts. -County free library systems. -County maintenance districts. -County sanitation districts. -County service areas. -County transportation commissions. -County water agencies. -County water authorities. -County water districts. -County waterworks districts. -Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. -Distribution districts of any public body. -Drainage districts. -Fire protection districts. -Flood control and water conservation districts. -Flood control districts. -Garbage and refuse disposal districts. -Garbage disposal districts. -Geologic hazard abatement districts. -Harbor districts. -Harbor improvement districts. -Harbor, recreation, and conservation districts. -Health care authorities. -Highway districts. -Highway interchange districts. -Highway lighting districts. -Housing authorities. -Improvement districts or improvement areas of any public body. -Industrial development authorities. -Infrastructure financing districts. -Integrated financing districts. -Irrigation districts. -Joint highway districts. -Levee districts. -Library districts. -Library districts in unincorporated towns and villages. -Local agency formation commissions. -Local health care districts. -Local health districts. -Local hospital districts. -Local transportation authorities or commissions. -Maintenance districts. -Memorial districts. -Metropolitan transportation commissions. -Metropolitan water districts. -Mosquito abatement and vector control districts. -Multifamily improvement districts. -Municipal improvement districts. -Municipal utility districts. -Municipal water districts. -Nonprofit corporations. -Nonprofit public benefit corporations. -Open-space maintenance districts. -Parking and business improvement areas. -Parking authorities. -Parking districts. -Permanent road divisions. -Pest abatement districts. -Police protection districts. -Port districts. -Property and business improvement areas. -Protection districts. -Public cemetery districts. -Public utility districts. -Rapid transit districts. -Reclamation districts. -Recreation and park districts. -Regional justice facility financing agencies. -Regional park and open-space districts. -Regional planning districts. -Regional transportation commissions. -Resort improvement districts. -Resource conservation districts. -River port districts. -Road maintenance districts. -Sanitary districts. -School districts of any kind or class. -School facilities improvement districts. -Separation of grade districts. -Service authorities for freeway emergencies. -Sewer districts. -Sewer maintenance districts. -Small craft harbor districts. -Special municipal tax districts. -Stone and pome fruit pest control districts. -Storm drain maintenance districts. -Storm drainage districts. -Storm drainage maintenance districts. -Storm water districts. -Toll tunnel authorities. -Traffic authorities. -Transit development boards. -Transit districts. -Unified and union school districts’ public libraries. -Vehicle parking districts. -Water agencies. -Water authorities. -Water conservation districts. -Water districts. -Water replenishment districts. -Water storage districts. -Watermaster districts. -Wine grape pest and disease control districts. -Zones, improvement zones, or service zones of any public body. -(2) Notwithstanding paragraph (1), “public body” does not include any of the following: -(A) A community redevelopment agency formed pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). -(B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. -(C) A joint powers authority that includes a community redevelopment agency or a community development commission as a member, with respect to its exercise of the powers of a community redevelopment agency. -(b) “Bonds” means all instruments evidencing an indebtedness of a public body incurred or to be incurred for any public purpose, all leases, installment purchase agreements, or similar agreements wherein the obligor is one or more public bodies, all instruments evidencing the borrowing of money in anticipation of taxes, revenues, or other income of that body, all instruments payable from revenues or special funds of those public bodies, all certificates of participation evidencing interests in the leases, installment purchase agreements, or similar agreements, and all instruments funding, refunding, replacing, or amending any thereof or any indebtedness. -(c) “Hereafter” means any time subsequent to the effective date of this act. -(d) “Heretofore” means any time prior to the effective date of this act. -(e) “Now” means the effective date of this act. -SEC. 3. -All public bodies heretofore organized or existing under any law, or under color of any law, are hereby declared to have been legally organized and to be legally functioning as those public bodies. Every public body, heretofore described, shall have all the rights, powers, and privileges, and be subject to all the duties and obligations, of those public bodies regularly formed pursuant to law. -SEC. 4. -The boundaries of every public body as heretofore established, defined, or recorded, or as heretofore actually shown on maps or plats used by the assessor, are hereby confirmed, validated, and declared legally established. -SEC. 5. -All acts and proceedings heretofore taken by any public body or bodies under any law, or under color of any law, for the annexation or inclusion of territory into those public bodies or for the annexation of those public bodies to any other public body or for the detachment, withdrawal, or exclusion of territory from any public body or for the consolidation, merger, or dissolution of any public bodies are hereby confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of any public body and of any person, public officer, board, or agency heretofore done or taken upon the question of the annexation or inclusion or of the withdrawal or exclusion of territory or the consolidation, merger, or dissolution of those public bodies. -SEC. 6. -(a) All acts and proceedings heretofore taken by or on behalf of any public body under any law, or under color of any law, for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds of any public body for any public purpose are hereby authorized, confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of public bodies and of any person, public officer, board, or agency heretofore done or taken upon the question of the authorization, issuance, sale, execution, delivery, or exchange of bonds. -(b) All bonds of, or relating to, any public body heretofore issued shall be, in the form and manner issued and delivered, the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore awarded and sold to a purchaser and hereafter issued and delivered in accordance with the contract of sale and other proceedings for the award and sale shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued by ordinance, resolution, order, or other action adopted or taken by or on behalf of the public body and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued at an election and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. Whenever an election has heretofore been called for the purpose of submitting to the voters of any public body the question of issuing bonds for any public purpose, those bonds, if hereafter authorized by the required vote and in accordance with the proceedings heretofore taken, and issued and delivered in accordance with that authorization, shall be the legal, valid, and binding obligations of the public body. -SEC. 7. -(a) This act shall operate to supply legislative authorization as may be necessary to authorize, confirm, and validate any acts and proceedings heretofore taken pursuant to authority the Legislature could have supplied or provided for in the law under which those acts or proceedings were taken. -(b) This act shall be limited to the validation of acts and proceedings to the extent that the same can be effectuated under the California Constitution and the United States Constitution. -(c) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter being legally contested or inquired into in any legal proceeding now pending and undetermined or that is pending and undetermined during the period of 30 days from and after the effective date of this act. -(d) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter that has heretofore been determined in any legal proceeding to be illegal, void, or ineffective. -(e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. -SEC. 8. -Any action or proceeding contesting the validity of any action or proceeding heretofore taken under any law, or under color of any law, for the formation, organization, or incorporation of any public body, or for any annexation thereto, detachment or exclusion therefrom, or other change of boundaries thereof, or for the consolidation, merger, or dissolution of any public bodies, or for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds thereof upon any ground involving any alleged defect or illegality not effectively validated by the prior provisions of this act and not otherwise barred by any statute of limitations or by laches shall be commenced within six months of the effective date of this act, otherwise each and all of those matters shall be held to be valid and in every respect legal and incontestable. This act shall not extend the period allowed for legal action beyond the period that it would be barred by any presently existing valid statute of limitations. -SEC. 9. -Nothing contained in this act shall be construed to render the creation of any public body, or any change in the boundaries of any public body, effective for purposes of assessment or taxation unless the statement, together with the map or plat, required to be filed pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, is filed within the time and substantially in the manner required by those sections. -SEC. 10. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to validate the organization, boundaries, acts, proceedings, and bonds of public bodies as soon as possible, it is necessary that this act take immediate effect.","This bill would enact the Second Validating Act of 2015, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to validate the organization, boundaries, acts, proceedings, and bonds of public bodies, and to provide limitations of time in which actions may be commenced, and declaring the urgency thereof, to take effect immediately." -43,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the Third Validating Act of 2015. -SEC. 2. -As used in this act: -(a) “Public body” means all of the following: -(1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” also means all cities, counties, cities and counties, districts, authorities, agencies, boards, commissions, and other entities, whether created by a general statute or a special act, including, but not limited to, the following: -Agencies, boards, commissions, or entities constituted or provided for under or pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). -Air pollution control districts of any kind. -Air quality management districts. -Airport districts. -Assessment districts, benefit assessment districts, and special assessment districts of any public body. -Bridge and highway districts. -California water districts. -Citrus pest control districts. -City maintenance districts. -Community college districts. -Community development commissions in their capacity to act as a housing authority for other community development purposes of the jurisdiction in which the commission operates, except for any action taken with respect to the commission’s authority to act as a community redevelopment agency. -Community facilities districts. -Community rehabilitation districts. -Community services districts. -Conservancy districts. -Cotton pest abatement districts. -County boards of education. -County drainage districts. -County flood control and water districts. -County free library systems. -County maintenance districts. -County sanitation districts. -County service areas. -County transportation commissions. -County water agencies. -County water authorities. -County water districts. -County waterworks districts. -Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. -Distribution districts of any public body. -Drainage districts. -Fire protection districts. -Flood control and water conservation districts. -Flood control districts. -Garbage and refuse disposal districts. -Garbage disposal districts. -Geologic hazard abatement districts. -Harbor districts. -Harbor improvement districts. -Harbor, recreation, and conservation districts. -Health care authorities. -Highway districts. -Highway interchange districts. -Highway lighting districts. -Housing authorities. -Improvement districts or improvement areas of any public body. -Industrial development authorities. -Infrastructure financing districts. -Integrated financing districts. -Irrigation districts. -Joint highway districts. -Levee districts. -Library districts. -Library districts in unincorporated towns and villages. -Local agency formation commissions. -Local health care districts. -Local health districts. -Local hospital districts. -Local transportation authorities or commissions. -Maintenance districts. -Memorial districts. -Metropolitan transportation commissions. -Metropolitan water districts. -Mosquito abatement and vector control districts. -Multifamily improvement districts. -Municipal improvement districts. -Municipal utility districts. -Municipal water districts. -Nonprofit corporations. -Nonprofit public benefit corporations. -Open-space maintenance districts. -Parking and business improvement areas. -Parking authorities. -Parking districts. -Permanent road divisions. -Pest abatement districts. -Police protection districts. -Port districts. -Property and business improvement areas. -Protection districts. -Public cemetery districts. -Public utility districts. -Rapid transit districts. -Reclamation districts. -Recreation and park districts. -Regional justice facility financing agencies. -Regional park and open-space districts. -Regional planning districts. -Regional transportation commissions. -Resort improvement districts. -Vehicle parking districts. -Water agencies. -Water authorities. -Water conservation districts. -Water districts. -Water replenishment districts. -Water storage districts. -Watermaster districts. -Wine grape pest and disease control districts. -Zones, improvement zones, or service zones of any public body. -(2) Notwithstanding paragraph (1), “public body” does not include any of the following: -(A) A community redevelopment agency formed pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). -(B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. -(C) A joint powers authority that includes a community redevelopment agency or a community development commission as a member, with respect to its exercise of the powers of a community redevelopment agency. -(b) “Bonds” means all instruments evidencing an indebtedness of a public body incurred or to be incurred for any public purpose, all leases, installment purchase agreements, or similar agreements wherein the obligor is one or more public bodies, all instruments evidencing the borrowing of money in anticipation of taxes, revenues, or other income of that body, all instruments payable from revenues or special funds of those public bodies, all certificates of participation evidencing interests in the leases, installment purchase agreements, or similar agreements, and all instruments funding, refunding, replacing, or amending any thereof or any indebtedness. -(c) “Hereafter” means any time subsequent to the effective date of this act. -(d) “Heretofore” means any time prior to the effective date of this act. -(e) “Now” means the effective date of this act. -SEC. 3. -All public bodies heretofore organized or existing under any law, or under color of any law, are hereby declared to have been legally organized and to be legally functioning as those public bodies. Every public body, heretofore described, shall have all the rights, powers, and privileges, and be subject to all the duties and obligations, of those public bodies regularly formed pursuant to law. -SEC. 4. -The boundaries of every public body as heretofore established, defined, or recorded, or as heretofore actually shown on maps or plats used by the assessor, are hereby confirmed, validated, and declared legally established. -SEC. 5. -All acts and proceedings heretofore taken by any public body or bodies under any law, or under color of any law, for the annexation or inclusion of territory into those public bodies or for the annexation of those public bodies to any other public body or for the detachment, withdrawal, or exclusion of territory from any public body or for the consolidation, merger, or dissolution of any public bodies are hereby confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of any public body and of any person, public officer, board, or agency heretofore done or taken upon the question of the annexation or inclusion or of the withdrawal or exclusion of territory or the consolidation, merger, or dissolution of those public bodies. -SEC. 6. -(a) All acts and proceedings heretofore taken by or on behalf of any public body under any law, or under color of any law, for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds of any public body for any public purpose are hereby authorized, confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of public bodies and of any person, public officer, board, or agency heretofore done or taken upon the question of the authorization, issuance, sale, execution, delivery, or exchange of bonds. -(b) All bonds of, or relating to, any public body heretofore issued shall be, in the form and manner issued and delivered, the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore awarded and sold to a purchaser and hereafter issued and delivered in accordance with the contract of sale and other proceedings for the award and sale shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued by ordinance, resolution, order, or other action adopted or taken by or on behalf of the public body and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued at an election and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. Whenever an election has heretofore been called for the purpose of submitting to the voters of any public body the question of issuing bonds for any public purpose, those bonds, if hereafter authorized by the required vote and in accordance with the proceedings heretofore taken, and issued and delivered in accordance with that authorization, shall be the legal, valid, and binding obligations of the public body. -SEC. 7. -(a) This act shall operate to supply legislative authorization as may be necessary to authorize, confirm, and validate any acts and proceedings heretofore taken pursuant to authority the Legislature could have supplied or provided for in the law under which those acts or proceedings were taken. -(b) This act shall be limited to the validation of acts and proceedings to the extent that the same can be effectuated under the California Constitution and the United States Constitution. -(c) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter being legally contested or inquired into in any legal proceeding now pending and undetermined or that is pending and undetermined during the period of 30 days from and after the effective date of this act. -(d) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter that has heretofore been determined in any legal proceeding to be illegal, void, or ineffective. -(e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. -SEC. 8. -Any action or proceeding contesting the validity of any action or proceeding heretofore taken under any law, or under color of any law, for the formation, organization, or incorporation of any public body, or for any annexation thereto, detachment or exclusion therefrom, or other change of boundaries thereof, or for the consolidation, merger, or dissolution of any public bodies, or for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds thereof upon any ground involving any alleged defect or illegality not effectively validated by the prior provisions of this act and not otherwise barred by any statute of limitations or by laches shall be commenced within six months of the effective date of this act, otherwise each and all of those matters shall be held to be valid and in every respect legal and incontestable. This act shall not extend the period allowed for legal action beyond the period that it would be barred by any presently existing valid statute of limitations. -SEC. 9. -Nothing contained in this act shall be construed to render the creation of any public body, or any change in the boundaries of any public body, effective for purposes of assessment or taxation unless the statement, together with the map or plat, required to be filed pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, is filed within the time and substantially in the manner required by those sections.","This bill would enact the Third Validating Act of 2015, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities.","An act to validate the organization, boundaries, acts, proceedings, and bonds of public bodies, and to provide limitations of time in which actions may be commenced." -44,"The people of the State of California do enact as follows: - - -SECTION 1. -This act is intended to remove the sunset date in Section 12811.1 of the Public Utilities Code on the authority of a municipal utility district to collect delinquent fees, tolls, rates, rentals, and other charges on the tax roll. This act is not intended to change existing law regarding the protection provided to a property owner pursuant to Section 12822.6 of the Public Utilities Code, which prohibits a municipal utility district from collecting delinquent charges or penalties from a property owner accrued by a residential tenant in a nonmaster-metered building. -SEC. 2. -Section 12811.1 of the Public Utilities Code, as amended by Section 1 of Chapter 485 of the Statutes of 2010, is amended to read: -12811.1. -(a) Except when prohibited by Section 12822.6, a district may, by resolution or ordinance, require the owner of record of real property within the district to pay the fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, and those fees, tolls, rates, rentals, and other charges that have become delinquent, together with interest and penalties thereon, are a lien on the property when a certificate is filed in the office of the county recorder pursuant to subdivision (b) and the lien has the force, effect, and priority of a judgment lien. No lien may be created under this section on any publicly owned property. -(b) A lien under this section attaches when the district files for recordation in the office of the county recorder a certificate specifying the amount of the delinquent fees, tolls, rates, rentals, or other charges together with interest and penalties thereon; the name of the owner of record of the property to which services were rendered by the district; and the legal description of the property. Within 30 days of receipt of payment of all amounts due, including recordation fees paid by the district, the district shall file for recordation a release of the lien. -(c) A district may, by resolution or ordinance, provide that any delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, may be collected on the tax roll in the same manner as property taxes. Before any entity may collect any delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant on the tax roll, the district shall prepare a report, provide notice, conduct a public hearing, and file a certificate in the office of the county recorder, as follows: -(1) The general manager shall prepare and file with the district board of directors a report that describes each affected parcel of real property and the amount of the delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant for each affected parcel for the year. The general manager shall give notice of the filing of the report and of the time, date, and place for a public hearing by publishing the notice pursuant to Section 6066 of the Government Code in a newspaper of general circulation, and by mailing the notice to the owner of each affected parcel at least 14 days prior to the date of the hearing. -(2) At the public hearing, the board of directors shall hear and consider any objections or protests to the report. At the conclusion of the public hearing, the board of directors may adopt or revise the delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant. The board of directors shall make its determination on each affected parcel and its determinations shall be final. -(3) On or before August 10 of each year following these determinations, the general manager shall file with the county auditor a copy of the final report adopted by the board of directors. The county auditor shall enter the amount of the delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, against each of the affected parcels of real property as they appear on the current assessment roll. The county tax collector shall include the amount of the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, on the tax bills for each affected parcel of real property and collect the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, in the same manner as property taxes. -(4) The district may recover any delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, by recording in the office of the county recorder of the county in which the affected parcel is located, a certificate declaring the amount of the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, due, and the name and last known address of the person liable therefor. From the time of recordation of the certificate, the amount of the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, constitutes a lien against the affected real property of the delinquent property owner in that county. This lien shall have the force, effect, and priority of a judgment lien. Within 30 days of receipt of payment of all amounts due, including recordation fees paid by the district, the district shall file for recordation a release of the lien. -(5) The district shall not recover on the tax roll any delinquent fees, tolls, rates, rentals, or other charges for services for commercial use to a commercial tenant under an account established by the commercial tenant, from any subsequent tenant or the property owner, due to nonpayment of charges by a previous commercial tenant. For this purpose, the term “subsequent commercial tenant” shall not include an entity or adult person that was located at the same address during the period the charges or penalties accrued. This paragraph does not apply to master-metered accounts. -(d) Notwithstanding Sections 6103 and 27383 of the Government Code, in filing any instrument, paper, or notice pursuant to this section, the district shall pay all applicable recording fees prescribed by law. -(e) A district shall reimburse the county for the reasonable expenses incurred by the county pursuant to this section. -(f) The remedies in this section are cumulative and in addition to any other remedy provided by law. The district may pursue remedies alternatively or consecutively. -(g) This section does not apply to delinquent fees or charges for the furnishing of electrical service. -SEC. 3. -Section 12811.1 of the Public Utilities Code, as added by Section 2 of Chapter 485 of the Statutes of 2010, is repealed. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","(1) The existing Municipal Utility District Act authorizes the formation of a municipal utility district. The act authorizes a district to acquire, construct, own, operate, control, or use works for supplying the inhabitants of the district and public agencies with light, water, power, heat, transportation, telephone service, or other means of communication, or means for the collection, treatment, or disposition of garbage, sewage, or refuse matter. The act authorizes a municipal utility district, by resolution or ordinance, to require the owner of record of privately owned real property within the district to pay the fees, tolls, rates, rentals, or other charges for certain utility services rendered to a lessee, tenant, or subtenant, and provides that those charges that have become delinquent, together with interest and penalties, are a lien on the property when a certificate is filed by the district in the office of the county recorder and that the lien has the force, effect, and priority of a judgment lien. -The act, in addition to the above-described methods, establishes procedures, until January 1, 2016, for a municipal utility district to collect delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, for services rendered to a lessee, tenant, or subtenant, through the tax roll, in the same manner as property taxes. The act, until January 1, 2016, authorizes a municipal utility district to collect delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, for services rendered to a lessee, tenant, or subtenant, by recording in the office of the county recorder of the county in which the affected parcel is located, a certificate declaring the amount of the delinquent charges, together with interest and penalties thereon, which would then constitute a lien against the affected real property of the delinquent property owner in that county and have the force, effect, and priority of a judgment lien. The act, until January 1, 2016, requires a municipal utility district that exercises these collection measures to reimburse the county for the reasonable expenses incurred by the county. -This bill would extend the operation of these provisions indefinitely. By requiring county auditors and recorders to undertake certain actions in response to the exercise of collection measures by a municipal utility district, the bill would impose a state-mandated local program. -(2) The act prohibits a municipal utility district from collecting delinquent fees or charges using the above-described collection measures for the furnishing of electrical services and, beginning January 1, 2016, for the furnishing of water or sewer service to residential property. -This bill would permanently authorize a municipal utility district to collect delinquent fees or charges using the above-described collection measures for the furnishing of water or sewer service to residential property. -(3) The act requires any district that places a lien on a property for water or sewer service on or before December 31, 2014, pursuant to the above-described collection measures, to submit a report containing certain information to the Assembly and Senate Committees on Judiciary and to the Assembly and Senate Committees on Local Government on or before January 1, 2015. -This bill would delete this provision. -(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend and repeal Section 12811.1 of the Public Utilities Code, relating to utility charges." -45,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 22602 is added to the Financial Code, to read: -22602. -(a) A licensee that is a finance lender may pay compensation to a person that is not licensed pursuant to this division in connection with the referral of one or more prospective borrowers to the licensee, when all of the following conditions are met: -(1) The referral by the unlicensed person leads to the consummation of a commercial loan, as defined in Section 22502, between the licensee and the prospective borrower referred by the unlicensed person. -(2) The loan contract provides for an annual percentage rate that does not exceed 36 percent. -(3) Before approving the loan, the licensee does both of the following: -(A) Obtains documentation from the prospective borrower documenting the borrower’s commercial status. Examples of acceptable forms of documentation include, but are not limited to, a seller’s permit, business license, articles of incorporation, income tax returns showing business income, or bank account statements showing business income. -(B) Performs underwriting and obtains documentation to ensure that the prospective borrower will have sufficient monthly gross revenue with which to repay the loan pursuant to the loan terms, and does not make a loan if it determines through its underwriting that the prospective borrower’s total monthly expenses, including debt service payments on the loan for which the prospective borrower is being considered, will exceed the prospective borrower’s monthly gross revenue. Examples of acceptable forms of documentation for verifying current and projected gross monthly revenue and monthly expenses include, but are not limited to, tax returns, bank statements, merchant financial statements, business plans, business history, and industry-specific knowledge and experience. If the prospective borrower is a sole proprietor or a corporation and the loan will be secured by a personal guarantee provided by the owner of the corporation, a credit report from at least one consumer credit reporting agency that compiles and maintains files on consumers on a nationwide basis shall also be considered. -(4) The licensee maintains records of all compensation paid to unlicensed persons in connection with the referral of borrowers for a period of at least four years. -(5) The licensee annually submits information requested by the commissioner regarding the payment of compensation in the report required pursuant to Section 22159. -(b) A licensee that pays compensation to a person that is not licensed pursuant to this division in connection with a referral for a commercial loan made by that licensee to a borrower shall be liable for any misrepresentation made to that borrower in connection with that loan. -(c) The following activities by an unlicensed person are not authorized by this section: -(1) Participating in any loan negotiation. -(2) Counseling or advising the borrower about a loan. -(3) Participating in the preparation of any loan documents, including credit applications. -(4) Contacting the licensee on behalf of the borrower other than to refer the borrower. -(5) Gathering loan documentation from the borrower or delivering the documentation to the licensee. -(6) Communicating lending decisions or inquiries to the borrower. -(7) Participating in establishing any sales literature or marketing materials. -(8) Obtaining the borrower’s signature on documents. -(d) The prohibitions in subdivision (c) do not apply if the unlicensed person meets one or more of the following criteria: -(1) Is exempt from licensure under this division. -(2) Is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code. -(3) Is a business assistance organization recognized by the United States Small Business Administration. -(4) Is engaged in one or more of the activities described in paragraphs (1) to (8), inclusive, of subdivision (c) in connection with five or fewer commercial loans in a 12-month period made by persons licensed under this division. -(e) The commissioner may adopt regulations under this section to impose conditions on the referral activity authorized under this section. The commissioner may classify persons, loans, loan terms, referral methods, and other matters within his or her jurisdiction, and may prescribe different requirements for different classes of loans. -(f) Nothing in this section shall authorize the payment of a referral fee to an unlicensed person for a residential mortgage loan, nor the payment of a referral fee to a person required to be licensed under Section 10131 or 10131.1 of the Business and Professions Code, unless such person is licensed by the Bureau of Real Estate pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code. -(g) For the purposes of this section, “referral” means either the introduction of the borrower and the finance lender or the delivery to the finance lender of the borrower’s contact information. -SEC. 2. -Section 22603 is added to the Financial Code, to read: -22603. -A licensee that is a finance lender shall provide a prospective borrower who has been referred by an unlicensed person the following written statement, in 10-point font or larger, at the time the licensee receives an application for a commercial loan, and shall require the prospective borrower to acknowledge receipt of the statement in writing: - - -“You have been referred to us by [Name of Unlicensed Person]. If you are approved for the loan, we may pay a fee to [Name of Unlicensed Person] for the successful referral. [Licensee], and not [Name of Unlicensed Person] is the sole party authorized to offer a loan to you. You should ensure that you understand any loan offer we may extend to you before agreeing to the loan terms. If you wish to report a complaint about this loan transaction, you may contact the Department of Business Oversight at 1-866-ASK-CORP (1-866-275-2677), or file your complaint online at www.dbo.ca.gov.” - - -SEC. 3. -Section 22604 is added to the Financial Code, to read: -22604. -(a) Any person that receives compensation in connection with a referral, as described in Section 22602, that leads to the consummation of a commercial loan under this division may not do any of the following: -(1) Make a materially false or misleading statement or representation to a prospective borrower about the terms or conditions of a prospective loan. -(2) Advertise, print, display, publish, distribute, or broadcast any statement or representation with regard to the conditions for making or negotiating a loan that is false, misleading, or deceptive, or that omits material information that is necessary to make the statements made not false, misleading, or deceptive. -(3) Engage in any act in violation of Section 17200 of the Business and Professions Code. -(4) Commit an act that constitutes fraud or dishonest dealings. -(5) Fail to safeguard a prospective borrower’s personally identifiable information. -(b) For purposes of this section, “personally identifiable information” means information that is not publicly available, that a prospective borrower provides for the purpose of obtaining a loan or other financial product. Personally identifiable information includes information a prospective borrower provides on an application to obtain a loan, credit card, or other financial product or service. -(c) Whenever, in the opinion of the commissioner, any person is engaged in the business of soliciting borrowers for a loan to be made by a licensee under this division, and the person is not in compliance with this section, Section 22602, Section 22603, or any other provision of this division authorizing such activity or exempting the person from this division, the commissioner may order the person to desist and to refrain from engaging in the business or further violating this division. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the California Finance Lenders Law, provides for the licensure and regulation of finance lenders by the Commissioner of Business Oversight. Existing law makes a willful violation of the law by any person a crime. Existing law defines a finance lender as any person who is engaged in the business of making consumer loans or commercial loans. Existing law defines a commercial loan as a loan of a principal amount of $5,000 or more, or any loan under an open-end credit program, whether secured by either real or personal property, or both, or unsecured, the proceeds of which are intended by the borrower for use primarily for purposes other than personal, family, or household. -This bill would authorize a licensed finance lender to compensate an unlicensed person in connection with the referral, as defined, of one or more prospective borrowers to the licensee for a commercial loan if certain requirements are met. These requirements would include, among other things, that the referral leads to the consummation of a commercial loan, the loan contract provides for an annual percentage rate that does not exceed a certain percentage, the licensed finance lender obtains documentation from the prospective borrower documenting the borrower’s commercial status, and that the licensee maintains records of compensation paid to an unlicensed person, as specified. The bill would make a licensee paying compensation to an unlicensed person in connection with a referral liable for any misrepresentation made to a borrower in connection with that loan made to that borrower by that licensee. The bill would authorize the commissioner to adopt regulations imposing conditions on this referral activity, as specified. The bill would also require a licensed finance lender who receives an application for a commercial loan from a prospective borrower who has been referred by an unlicensed person to provide a specified statement to the borrower regarding the referral arrangement. The bill would prohibit any person receiving compensation in connection with a referral that leads to the consummation of a commercial loan from engaging in specified acts and would authorize the commissioner to order this person to desist and refrain from engaging in the business or further violating those provisions governing such referral. -By creating new requirements, the willful violation of which would be a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Sections 22602, 22603, and 22604 to the Financial Code, relating to finance lenders." -46,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12300 of the Welfare and Institutions Code is amended to read: -12300. -(a) The purpose of this article is to provide in every county in a manner consistent with this chapter and the annual Budget Act those supportive services identified in this section to aged, blind, or disabled persons, as defined under this chapter, who are unable to perform the services themselves and who cannot safely remain in their homes or abodes of their own choosing unless these services are provided. -(b) Supportive services shall include domestic services and services related to domestic services, heavy cleaning, personal care services, accompaniment by a provider when needed during necessary travel to health-related appointments or to alternative resource sites, yard hazard abatement, protective supervision, up to two hours per month of assistance in reading and completing financial and other documents for a recipient who is blind, teaching and demonstration directed at reducing the need for other supportive services, and paramedical services that make it possible for the recipient to establish and maintain an independent living arrangement. -(c) Personal care services shall mean all of the following: -(1) Assistance with ambulation. -(2) Bathing, oral hygiene, and grooming. -(3) Dressing. -(4) Care and assistance with prosthetic devices. -(5) Bowel, bladder, and menstrual care. -(6) Repositioning, skin care, range of motion exercises, and transfers. -(7) Feeding and assurance of adequate fluid intake. -(8) Respiration. -(9) Assistance with self-administration of medications. -(d) Personal care services are available if these services are provided in the beneficiary’s home and other locations as may be authorized by the director. Among the locations that may be authorized by the director under this subdivision is the recipient’s place of employment if all of the following conditions are met: -(1) The personal care services are limited to those that are currently authorized for a recipient in the recipient’s home and those services are to be utilized by the recipient at the recipient’s place of employment to enable the recipient to obtain, retain, or return to work. Authorized services utilized by the recipient at the recipient’s place of employment shall be services that are relevant and necessary in supporting and maintaining employment. However, workplace services shall not be used to supplant any reasonable accommodations required of an employer by the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.; ADA) or other legal entitlements or third-party obligations. -(2) The provision of personal care services at the recipient’s place of employment shall be authorized only to the extent that the total hours utilized at the workplace are within the total personal care services hours authorized for the recipient in the home. Additional personal care services hours may not be authorized in connection with a recipient’s employment. -(e) When supportive services are provided by a person who has the legal duty pursuant to the Family Code to provide for the care of his or her child who is the recipient, the provider of supportive services shall receive remuneration for the services only when the provider leaves full-time employment or is prevented from obtaining full-time employment because no other suitable provider is available and when the inability of the provider to provide supportive services may result in inappropriate placement or inadequate care. -These providers shall be paid only for the following: -(1) Services related to domestic services. -(2) Personal care services. -(3) Accompaniment by a provider when needed during necessary travel to health-related appointments or to alternative resource sites. -(4) Protective supervision only as needed because of the functional limitations of the child. -(5) Paramedical services. -(f) To encourage maximum voluntary services, so as to reduce governmental costs, respite care shall also be provided. Respite care is temporary or periodic service for eligible recipients to relieve persons who are providing care without compensation. -(g) A person who is eligible to receive a service or services under an approved federal waiver authorized pursuant to Section 14132.951, or a person who is eligible to receive a service or services authorized pursuant to Section 14132.95, shall not be eligible to receive the same service or services pursuant to this article. In the event that the waiver authorized pursuant to Section 14132.951, as approved by the federal government, does not extend eligibility to all persons otherwise eligible for services under this article, or does not cover a service or particular services, or does not cover the scope of a service that a person would otherwise be eligible to receive under this article, those persons who are not eligible for services, or for a particular service under the waiver or Section 14132.95 shall be eligible for services under this article. -(h) (1) All services provided pursuant to this article shall be equal in amount, scope, and duration to the same services provided pursuant to Section 14132.95, including any adjustments that may be made to those services pursuant to subdivision (e) of Section 14132.95. -(2) Notwithstanding any other provision of this article, the rate of reimbursement for in-home supportive services provided through any mode of service shall not exceed the rate of reimbursement established under subdivision (j) of Section 14132.95 for the same mode of service unless otherwise provided in the annual Budget Act. -(3) The maximum number of hours available under Section 14132.95, Section 14132.951, and this section, combined, shall be 283 hours per month. Any recipient of services under this article shall receive no more than the applicable maximum specified in Section 12303.4. -(i) The Director of Health Care Services shall, by January 1, 2017, seek all federal approvals necessary to ensure that Medicaid funds may be used in implementing the service to blind recipients specified in subdivision (b). The service includes assistance in reading and completing financial and other documents for a recipient who is blind. The authorization to provide the service to blind recipients specified in subdivision (b) shall become operative on January 1, 2017. Provision of the service shall be implemented only if, and to the extent that, federal financial participation is available, and any necessary federal approvals have been obtained. -(j) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), until emergency regulations are filed with the Secretary of State, the department may implement the service to blind recipients specified in subdivision (b) through all-county letters or similar instructions from the director. On or before January 1, 2018, the department shall adopt regulations to implement the service to blind recipients specified in subdivision (b). The initial adoption, amendment, or repeal of a regulation authorized by this subdivision is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption, amendment, or repeal of an emergency regulation pursuant to this section, the department may twice request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code. The department shall adopt final regulations on or before January 1, 2019. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. -Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which, either through employment by the recipient, or by or through contract by the county, qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Existing law requires the provision of personal care services under the Medi-Cal program to eligible IHSS recipients. Under existing law, county welfare departments are required to provide visually impaired applicants and recipients with information on, and referral services to, entities that provide reading services to visually impaired persons. Existing law defines “supportive services” for purposes of the IHSS program. -This bill would, commencing January 1, 2017, include within the definition of supportive services up to 2 hours per month of assistance in reading and completing financial and other documents for a recipient of services under the IHSS program who is blind. By expanding the scope of available services under the IHSS program, this bill would impose a state-mandated local program. The bill would also require the Director of Health Care Services to seek any federal approvals necessary to ensure that Medicaid funds may be used in implementing this provision. The bill would authorize the department to implement the provision through all-county letters or similar instructions from the director until emergency regulations are filed, and would require the adoption of emergency regulations by January 1, 2018, and final regulations by January 1, 2019, to implement this provision, as specified. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 12300 of the Welfare and Institutions Code, relating to public social services." -47,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 48204 of the Education Code, as amended by Section 1 of Chapter 93 of the Statutes of 2012, is amended to read: -48204. -(a) Notwithstanding Section 48200, a pupil complies with the residency requirements for school attendance in a school district, if he or she is any of the following: -(1) (A) A pupil placed within the boundaries of that school district in a regularly established licensed children’s institution, or a licensed foster home, or a family home pursuant to a commitment or placement under Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code. -(B) An agency placing a pupil in a home or institution described in subparagraph (A) shall provide evidence to the school that the placement or commitment is pursuant to law. -(2) A pupil who is a foster child who remains in his or her school of origin pursuant to subdivisions (e) and (f) of Section 48853.5. -(3) A pupil for whom interdistrict attendance has been approved pursuant to Chapter 5 (commencing with Section 46600) of Part 26. -(4) A pupil whose residence is located within the boundaries of that school district and whose parent or legal guardian is relieved of responsibility, control, and authority through emancipation. -(5) A pupil who lives in the home of a caregiving adult that is located within the boundaries of that school district. Execution of an affidavit under penalty of perjury pursuant to Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code by the caregiving adult is a sufficient basis for a determination that the pupil lives in the home of the caregiver, unless the school district determines from actual facts that the pupil is not living in the home of the caregiver. -(6) A pupil residing in a state hospital located within the boundaries of that school district. -(7) A pupil whose parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the pupil at the place of his or her employment within the boundaries of the school district for a minimum of three days during the school week. -(b) A school district may deem a pupil to have complied with the residency requirements for school attendance in the school district if at least one parent or the legal guardian of the pupil is physically employed within the boundaries of that school district for a minimum of 10 hours during the school week. -(1) This subdivision does not require the school district within which at least one parent or the legal guardian of a pupil is employed to admit the pupil to its schools. A school district shall not, however, refuse to admit a pupil under this subdivision on the basis, except as expressly provided in this subdivision, of race, ethnicity, sex, parental income, scholastic achievement, or any other arbitrary consideration. -(2) The school district in which the residency of either the parents or the legal guardian of the pupil is established, or the school district to which the pupil is to be transferred under this subdivision, may prohibit the transfer of the pupil under this subdivision if the governing board of the school district determines that the transfer would negatively impact the court-ordered or voluntary desegregation plan of the school district. -(3) The school district to which the pupil is to be transferred under this subdivision may prohibit the transfer of the pupil if the school district determines that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. -(4) The governing board of a school district that prohibits the transfer of a pupil pursuant to paragraph (1), (2), or (3) is encouraged to identify, and communicate in writing to the parents or the legal guardian of the pupil, the specific reasons for that determination and is encouraged to ensure that the determination, and the specific reasons for the determination, are accurately recorded in the minutes of the board meeting in which the determination was made. -(5) The average daily attendance for pupils admitted pursuant to this subdivision is calculated pursuant to Section 46607. -(6) Unless approved by the sending school district, this subdivision does not authorize a net transfer of pupils out of a school district, calculated as the difference between the number of pupils exiting the school district and the number of pupils entering the school district, in a fiscal year in excess of the following amounts: -(A) For a school district with an average daily attendance for that fiscal year of less than 501, 5 percent of the average daily attendance of the school district. -(B) For a school district with an average daily attendance for that fiscal year of 501 or more, but less than 2,501, 3 percent of the average daily attendance of the school district or 25 pupils, whichever amount is greater. -(C) For a school district with an average daily attendance of 2,501 or more, 1 percent of the average daily attendance of the school district or 75 pupils, whichever amount is greater. -(7) Once a pupil is deemed to have complied with the residency requirements for school attendance pursuant to this subdivision and is enrolled in a school in a school district the boundaries of which include the location where at least one parent or the legal guardian of a pupil is physically employed, the pupil does not have to reapply in the next school year to attend a school within that school district and the governing board of the school district shall allow the pupil to attend school through grade 12 in that school district if the parent or legal guardian so chooses and if at least one parent or the legal guardian of the pupil continues to be physically employed by an employer situated within the attendance boundaries of the school district, subject to paragraphs (1) to (6), inclusive. -(c) This section shall become inoperative on July 1, 2017, and as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 2. -Section 48204 of the Education Code, as amended by Section 2 of Chapter 93 of the Statutes of 2012, is amended to read: -48204. -(a) Notwithstanding Section 48200, a pupil complies with the residency requirements for school and authority through emancipation. -(5) A pupil who lives in the home of a caregiving adult that is located within the boundaries of that school district. Execution of an affidavit under penalty of perjury pursuant to Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code by the caregiving adult is a sufficient basis for a determination that the pupil lives in the home of the caregiver, unless the school district determines from actual facts that the pupil is not living in the home of the caregiver. -(6) A pupil residing in a state hospital located within the boundaries of that school district. -(7) A pupil whose parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the pupil at the place of his or her employment within the boundaries of the school district for a minimum of three days during the school week. -(b) This section shall become operative on July 1, 2017. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires persons between 6 and 18 years of age, inclusive, to attend a public school within the school district in which the pupil’s parent or legal guardian resides, unless otherwise exempted. Existing law provides that a pupil complies with a school district’s residency requirements for school attendance in that school district if the pupil meets one of the specified requirements. -This bill would provide that a pupil complies with a school district’s residency requirements in instances where the pupil’s parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the pupil at the place of his or her employment within the boundaries of the school district for a minimum of 3 days during the school week. By requiring a school district to allow those pupils to attend a public school within the school district, thereby increasing the duties of a school district, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 48204 of the Education Code, relating to pupils." -48,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Over the past 30 years, adult diabetes rates have nearly tripled in the United States. Currently, -one in -9 -percent of -adults in the United States -has -have -diabetes and more than one-third have prediabetes. In California, -an estimated -14 percent of adults have diabetes. Over the past 10 years, the percentage of teens nationwide that have diabetes or prediabetes has increased from 9 percent to 23 percent. One in three children born today, including one-half of African American and Latino children, is expected to develop diabetes in their lifetime. Complications of diabetes include heart disease, nerve damage, gum infections, kidney disease, hearing impairment, blindness, amputation of toes, feet, or legs, and increased risk of Alzheimer’s disease. -(b) Diabetes costs the state at least $24.5 billion each year in total health care expenses and lost productivity. Average medical expenditures for people with diabetes are 2.3 times higher than for those without diabetes. One in three California hospital stays is for people with diabetes. Hospital stays for patients with diabetes, regardless of the primary diagnosis, cost $2,200 more than other patients, which adds an extra $1.6 billion each year to California’s hospitalization costs, including $254 million in Medi-Cal costs alone. -(c) The prevalence of obesity in the United States has increased dramatically over the past 30 years. In California, 60 percent of adults are overweight or obese and adult obesity rates have nearly tripled increasing from 8.9 percent in 1984 to 25.0 percent in 2012, and if current trends continue, the rate is expected to increase to 46.6 percent in 2030. Nearly 40 percent of California children are currently overweight or obese and obesity rates have tripled for adolescents and quadrupled for 6 to 11 year olds. Although no group has escaped the epidemic, low income and communities of color are disproportionately affected. -(d) The obesity epidemic is of particular concern because obesity increases the risk of diabetes, heart disease, arthritis, asthma, and certain types of cancer. Depending on their level of obesity, from 60 percent to over 80 percent of obese adults currently suffer from type 2 diabetes, high blood cholesterol, high blood pressure, or other related conditions. -(e) The medical costs for people who are obese are dramatically higher than those of normal weight. Overweight and obesity account for $147 billion in health care costs nationally, or 9 percent of all medical spending, with one-half of these costs paid publicly through the Medicare and Medicaid programs. -(f) There is overwhelming evidence of the link between obesity and the consumption of sweetened beverages, such as soft drinks, energy drinks, sweet teas, and sports drinks. The 2010 Dietary Guidelines for Americans recommend that everyone reduce their intake of sugar-sweetened beverages. California adults who drink one soda or more per day are 27 percent more likely to be overweight or obese, regardless of income or ethnicity. -(g) According to nutrition experts, sweetened beverages, such as soft drinks, energy drinks, sweet teas, and sports drinks, offer little or no nutritional value, but massive quantities of added sugars. A 20-ounce bottle of soda contains the equivalent of approximately 17 teaspoons of sugar. Yet, the American Heart Association recommends that Americans consume no more than five to nine teaspoons of sugar per day. -(h) Sugar-sweetened beverages are the single largest source of added sugars in the American diet, with the average American drinking nearly 42 gallons of sweetened beverages a year, the equivalent of 39 pounds of extra sugar every year. Over 50 percent of the United States population drinks one or more sugar-sweetened beverages per day. -(i) In California, 19 percent of two to five year olds drink a sugar-sweetened beverage each day. That number climbs to 32 percent among 6 to 11 year olds, and 65 percent among 12 to 17 year olds. Additionally, major disparities now exist between races and ethnicities. Seventy-four percent of African American adolescents drink at least one sugar-sweetened beverage each day, compared to 73 percent of Latinos, 63 percent of Asians, and 56 percent of whites. -(j) Sugar-sweetened beverages are a unique contributor to excess caloric consumption. Research shows that calories from sugar-sweetened beverages do not satisfy hunger the way calories from solid food or fat or protein-containing beverages, such as those containing milk and plant-based proteins, do. As a result, sugar-sweetened beverages tend to add to the calories people consume rather than replace them. Drinking one or two sodas a day increases the risk of developing type 2 diabetes by 26 percent. Drinking just one soda a day increases an adult’s likelihood of being overweight by 27 percent, and for children the likelihood doubles to 55 percent. -(k) Consistent evidence shows a positive relationship between sugar intake and dental caries (cavities) in adults and fewer caries when sugar intake is restricted. Children who frequently consume beverages high in sugar are at an increased risk for dental caries. Untreated dental caries can lead to pain, infection, tooth loss, and in severe cases, death. -(l) Evidence suggests that health warnings can increase knowledge and reduce consumption of harmful products. Studies show that prominent health warnings on the face of cigarette packages can increase health knowledge, perceptions of risk, and can promote smoking cessation of both youth and adults. -SEC. 2. -Article 15 (commencing with Section 111224) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read: -Article 15. Sugar-Sweetened Beverages Safety Warning Act -111224. -This article shall be known and may be cited as the Sugar-Sweetened Beverages Safety Warning Act. -111224.05. -It is the intent of the Legislature, by enacting this article, to protect consumers and to promote informed purchasing decisions by requiring a warning about the harmful health effects that result from the consumption of drinks with added sugars. -111224.10. -For purposes of this article, unless the context clearly requires otherwise, the following definitions shall apply: -(a) “Animal milk” means natural liquid milk, which is secreted by an animal and consumed by humans. For purposes of this definition, “animal milk” includes natural milk concentrate and dehydrated natural milk, whether or not reconstituted. -(b) “Beverage container” means any sealed or unsealed container regardless of size or shape, including, without limitation, those made of glass, metal, paper, plastic, or any other material or combination of materials that is used or intended to be used to hold a sugar-sweetened beverage for individual sale to a consumer. -(c) “Beverage dispensing machine” means any device that mixes concentrate with any one or more other ingredients and dispenses the resulting mixture into an unsealed container as a ready-to-drink beverage. -(d) “Caloric sweetener” means any substance containing calories, suitable for human consumption, that humans perceive as sweet and includes, without limitation, sucrose, fructose, glucose, and other sugars and fruit juice concentrates. “Caloric” means a substance that adds calories to the diet of a person who consumes that substance. -(e) “Concentrate” means a syrup or powder that is used or intended to be used for mixing, compounding, or making a sugar-sweetened beverage. -(f) “Consumer” means a person who purchases a sugar-sweetened beverage for a purpose other than resale in the ordinary course of business. -(g) “Department” means the State Department of Public Health, and any agency or person lawfully designated by the department to enforce or implement this article pursuant to Section 111020. -(h) “Distribute” means to sell or otherwise provide a product to any person for resale in the ordinary course of business to a consumer within this state. -(i) “Milk substitute” means a plant-based beverage in which the principal ingredients by weight are (1) water and (2) grains, nuts, legumes, or seeds. For purposes of this definition, “milk substitute” includes, without limitation, almond milk, coconut milk, flax milk, hazelnut milk, oat milk, rice milk, and soy milk. -(j) “Natural fruit juice” means the original liquid resulting from the pressing of fruit, the liquid resulting from the reconstitution of natural fruit juice concentrate, or the liquid resulting from the restoration of water to dehydrated natural fruit juice. -(k) “Natural vegetable juice” means the original liquid resulting from the pressing of vegetables, the liquid resulting from the reconstitution of natural vegetable juice concentrate, or the liquid resulting from the restoration of water to dehydrated natural vegetable juice. -(l) “Person” means any natural person, partnership, cooperative association, limited liability company, corporation, personal representative, receiver, trustee, assignee, any other legal entity, any city, county, city and county, district, commission, the state, or any department, agency, or political subdivision thereof, any interstate body, and, to the extent permitted by federal law, the United States and its agencies and instrumentalities. -(m) “Powder” means a solid mixture with added caloric sweetener used in making, mixing, or compounding a sugar-sweetened beverage by mixing the powder with any one or more other ingredients, including, without limitation, water, ice, syrup, simple syrup, fruits, vegetables, fruit juice, or carbonation or other gas. -(n) “Sale” or “sell” means any distribution or transfer for a business purpose, whether or not consideration is received. -(o) “Sealed beverage container” means a beverage container holding a beverage that is closed or sealed before being offered for sale to a consumer. -(p) (1) “Sugar-sweetened beverage” means any sweetened nonalcoholic beverage, carbonated or noncarbonated, -sold -intended -for human consumption that has added caloric sweeteners and contains 75 calories or more per 12 fluid ounces. “Nonalcoholic beverage” means any beverage that contains less than one-half of 1 percent alcohol per volume. -(2) “Sugar-sweetened beverage” does not include any of the following: -(A) Any beverage containing 100 percent natural fruit juice or natural vegetable juice with no added caloric sweeteners. -(B) Any -liquid -product manufactured for any of the following uses and commonly referred to as a “dietary aid”: -(i) An oral nutritional therapy for persons who cannot absorb or metabolize dietary nutrients from food or beverages. -(ii) A source of necessary nutrition used as a result of a medical condition. -(iii) An oral electrolyte solution for infants and children formulated to prevent dehydration due to illness. -(C) Any product for consumption by infants and that is commonly referred to as “infant formula.” -(D) Any beverage whose principal ingredient by weight is animal milk or a milk substitute. -(q) “Syrup” means a liquid mixture with added caloric sweetener used in making, mixing, or compounding a sugar-sweetened beverage by mixing the syrup with any one or more other ingredients, including, without limitation, water, ice, powder, simple syrup, fruits, vegetables, fruit juice, vegetable juice, or carbonation or other gas. -(r) “Unsealed beverage container” means a beverage container into which a beverage is dispensed or poured at the business premises where the beverage is purchased, including, without limitation, a container for fountain drinks. -111224.15. -(a) A person shall not distribute, sell, or offer for sale a sugar-sweetened beverage in a sealed beverage container in this state unless the container bears the following safety warning and otherwise meets all of the requirements under this section: -“STATE OF CALIFORNIA SAFETY WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay.” -(b) (1) The safety warning required by subdivision (a) shall be prominently displayed and readily legible under ordinary conditions on the front of the sealed beverage container, separate and apart from all other information, and shall be on a contrasting background. The first five words of the safety warning required under subdivision (a), “STATE OF CALIFORNIA SAFETY WARNING” shall appear in capital letters. The entire safety warning shall appear in bold type. -(2) The safety warning required under subdivision (a) shall appear in a -font -type -size and in a maximum number of characters (i.e., letters, numbers, and marks) per inch, as follows: -(A) For beverage containers of 8 fluid ounces or less, the safety warning shall be in script, type, or printing not smaller than 1 millimeter, and there shall be no more than 40 characters per linear inch. -(B) For beverage containers of more than 8 fluid ounces and less than 1 liter, the safety warning shall be in script, type, or printing not smaller than 2 millimeters, and there shall be no more than 25 characters per linear inch. -(C) For beverage containers of 1 liter or more, the safety warning shall be in script, type, or printing not smaller than 3 millimeters, and there shall be no more than 12 characters per linear inch. -(c) If the safety warning required under subdivision (a) is not printed directly on the beverage container, the safety warning shall be affixed to the beverage container in such a manner that it cannot be removed without thorough application of water or other solvents. -(d) A person shall not distribute, sell, or offer for sale a multipack of sugar-sweetened beverages in sealed beverage containers in this state unless the multipack of beverages bears the safety warning required under subdivision (a). The safety warning shall be posted conspicuously on at least two sides of the multipack, in addition to being posted on each individual sealed beverage container. -(e) A person shall not distribute, sell, or offer for sale a concentrate in this state unless the packaging of the concentrate, which is intended for retail sale, bears the safety warning required under subdivision (a). The safety warning shall be posted conspicuously on the front of the packaging of the concentrate. -111224.20. -(a) Every person who owns, leases, or otherwise legally controls the premises where a vending machine or beverage dispensing machine is located, or where a sugar-sweetened beverage is sold in an unsealed beverage container, shall place, or cause to be placed, a safety warning in each of the following locations: -(1) On the exterior of any vending machine that includes a sugar-sweetened beverage for sale. -(2) On the exterior of any beverage dispensing machine used by a consumer to dispense a sugar-sweetened beverage through self-service. -(3) At the point-of-purchase where any consumer purchases a sugar-sweetened beverage in an unsealed beverage container, when the unsealed beverage container is filled by an employee of a food establishment rather than the consumer. -(b) The safety warning required by subdivision (a) shall contain the following language: -“STATE OF CALIFORNIA SAFETY WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay.” -(c) The safety warning required by subdivision (a) shall be prominently displayed and readily legible under ordinary conditions, separate and apart from all other information, and shall be on a contrasting background. The first five words of the safety warning in subdivision (b), “STATE OF CALIFORNIA SAFETY WARNING” shall appear in capital letters. The entire safety warning shall appear in bold type. -111224.30. -(a) Notwithstanding Section 111825, subdivision (b) of Section 111855, or any other law, commencing July 1, 2016, any violation of this article, or a regulation adopted pursuant to this article, is punishable by a civil penalty of not less than fifty dollars ($50), but no greater than five hundred dollars ($500). The department may assess the civil penalty according to the procedures set forth in Section 111855. A person shall not be found to violate this article more than once during any one inspection visit. -(b) There is hereby created in the State Treasury the Sugar-Sweetened Beverages Safety Warning Fund. The fund shall consist of moneys collected for the violation of this article. The department shall remit to the Treasurer any civil penalties collected pursuant to subdivision (a) on a biannual basis, no later than March 15 and September 15 of each year. Notwithstanding any other law, moneys in the fund, upon appropriation by the Legislature, shall be allocated to the department for the purpose of enforcing this article. -111224.35. -Notwithstanding Section 111224.15 or 111224.20, if, after appropriate investigation and consultation with the state health officer, the department finds that available scientific information would justify a change in the language of the safety warnings set forth in Sections 111224.15 and 111224.20, the department may adopt regulations to develop new language for the safety warning and may require that the alternative language be adopted in lieu of the language set forth in Sections 111224.15 and 111224.20. -111224.40. -It is the intent of the Legislature that nothing in this article shall be construed to preempt or prohibit the adoption and implementation of local ordinances related to sugar-sweetened beverages, except any local ordinance that is inconsistent with this article. An ordinance is not deemed inconsistent with this article if it affords greater protection than the requirements set forth in this article. -SEC. 3. -The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","(1) Existing federal law, the -federal -Federal -Food, Drug, and Cosmetic Act, regulates, among other things, the quality and packaging of foods introduced or delivered for introduction into interstate commerce and generally prohibits the misbranding of food. Existing federal law, the Nutrition Labeling and Education Act of 1990, governs state and local labeling requirements, including those that characterize the relationship of any nutrient specified in the labeling of food to a disease or health-related condition. Existing state law, the Sherman Food, Drug, and Cosmetic Law, generally regulates misbranded food and provides that any food is misbranded if its labeling does not conform with the requirements for nutrient content or health claims as set forth in the -federal -Federal -Food, Drug, and Cosmetic Act and the regulations adopted pursuant to that federal act. Existing law requires that a food facility, as defined, make prescribed disclosures and warnings to consumers, as specified. A violation of these provisions is a crime. -Existing state law, the Pupil Nutrition, Health, and Achievement Act of 2001, also requires the sale of only certain beverages to pupils at schools. The beverages that may be sold include fruit-based and vegetable-based drinks, drinking water with no added sweetener, milk, and in middle and high schools, an electrolyte replacement beverage if those beverages meet certain nutritional requirements. -This bill would establish the Sugar-Sweetened Beverages Safety Warning Act, which would prohibit a person from distributing, selling, or offering for sale a sugar-sweetened beverage in a sealed beverage container, or a multipack of sugar-sweetened beverages, in this state unless the beverage container or multipack bears a safety warning, as prescribed. The bill also would require every person who owns, leases, or otherwise legally controls the premises where a vending machine or beverage dispensing machine is located, or where a sugar-sweetened beverage is sold in an unsealed container to place a specified safety warning in certain locations, including on the exterior of any vending machine that includes a sugar-sweetened beverage for sale. -(2) Under existing law, the State Department of Public Health, upon the request of a health officer, as defined, may authorize the local health department of a city, county, city and county, or local health district to enforce the provisions of the Sherman Food, Drug, and Cosmetic Law. Existing law authorizes the State Department of Public Health to assess a civil penalty against any person in an amount not to exceed $1,000 per day, except as specified. Existing law authorizes the Attorney General or any district attorney, on behalf of the State Department of Public Health, to bring an action in a superior court to grant a temporary or permanent injunction restraining a person from violating any provision of the Sherman Food, Drug, and Cosmetic Law. -This bill, commencing July 1, 2016, would provide that any violation of the provisions described in (1) above, or regulations adopted pursuant to those provisions, is punishable by a civil penalty of not less than $50, but no greater than $500. -This bill would also create the Sugar-Sweetened Beverages Safety Warning Fund for the receipt of all moneys collected for violations of those provisions. The bill would allocate moneys in this fund, upon appropriation by the Legislature, to the department for the purpose of enforcing those provisions. -The bill would make legislative findings and declarations relating to the consumption of sugar-sweetened beverages, obesity, and dental disease.","An act to add Article 15 (commencing with Section 111224) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to public health." -49,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 56326.5 is added to the Education Code, to read: -56326.5. -(a) The department’s Deaf and Hard of Hearing unit and the California School for the Deaf shall jointly select language developmental milestones from existing standardized norms, pursuant to the process specified in subdivision (d), for purposes of developing a resource for use by parents to monitor and track deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. This parent resource shall: -(1) Include the language developmental milestones selected pursuant to the process specified in subdivision (d). -(2) Be appropriate for use, in both content and administration, with deaf and hard-of-hearing children from birth to five years of age, inclusive, who use both or one of the languages of American Sign Language (ASL) and English. For purposes of this section, “English” includes spoken English, written English, or English with the use of visual supplements. -(3) Present the developmental milestones in terms of typical development of all children, by age range. -(4) Be written for clarity and ease of use by parents. -(5) Be aligned to the department’s existing infant, toddler, and preschool guidelines, the existing instrument used to assess the development of children with disabilities pursuant to federal law, and state standards in English language arts. -(6) Make clear that the parent resource is not a formal assessment of language and literacy development, and that a parent’s observations of their children may differ from formal assessment data presented at an individualized family service plan (IFSP) or individualized education program (IEP) meeting. -(7) Make clear that a parent may bring the parent resource to an IFSP or IEP meeting for purposes of sharing their observations about their child’s development. -(b) The department shall also select existing tools or assessments for educators that can be used to assess the language and literacy development of deaf and hard-of-hearing children. These educator tools or assessments: -(1) Shall be in a format that shows stages of language development. -(2) Shall be selected for use by educators to track the development of deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. -(3) Shall be selected from existing instruments or assessments used to assess the development of all children from birth to five years of age, inclusive. -(4) Shall be appropriate, in both content and administration, for use with deaf and hard-of-hearing children. -(5) May be used, in addition to the assessment required by federal law, by the child’s IFSP or IEP team, as applicable, to track deaf and hard-of-hearing children’s progress, and to establish or modify IFSP or IEP plans. -(6) May reflect the recommendations of the advisory committee established pursuant to subdivision (e). -(c) (1) The department shall disseminate the parent resource developed pursuant to subdivision (a) to parents and guardians of deaf and hard-of-hearing children, and, pursuant to federal law, shall disseminate the educator tools and assessments selected pursuant to subdivision (b) to local educational agencies for use in the development and modification of IFSP and IEP plans, and shall provide materials and training on its use, to assist deaf and hard-of-hearing children in becoming linguistically ready for kindergarten using both or one of the languages of ASL and English. -(2) If a deaf or hard-of-hearing child does not demonstrate progress in expressive and receptive language skills, as measured by one of the educator tools or assessments selected pursuant to subdivision (b), or by the existing instrument used to assess the development of children with disabilities pursuant to federal law, the child’s IFSP or IEP team, as applicable, shall, as part of the process required by federal law, explain in detail the reasons why the child is not meeting the language developmental milestones or progressing towards them, and shall recommend specific strategies, services, and programs that shall be provided to assist the child’s success toward English literacy. -(d) (1) On or before March 1, 2017, the department shall provide the advisory committee established pursuant to subdivision (e) with a list of existing language developmental milestones from existing standardized norms, along with any relevant information held by the department regarding those language developmental milestones for possible inclusion in the parent resource developed pursuant to subdivision (a). These language developmental milestones shall be aligned to the department’s existing infant, toddler, and preschool guidelines, the existing instrument used to assess the development of children with disabilities pursuant to federal law, and the state standards in English language arts. -(2) On or before June 1, 2017, the advisory committee shall recommend language developmental milestones for selection pursuant to subdivision (a). -(3) On or before June 30, 2017, the department shall inform the advisory committee of which language developmental milestones were selected. -(e) (1) The Superintendent shall establish an ad hoc advisory committee for purposes of soliciting input from experts on the selection of language developmental milestones for children who are deaf or hard of hearing that are equivalent to those for children who are not deaf or hard of hearing, for inclusion in the parent resource developed pursuant to subdivision (a). The advisory committee may also make recommendations on the selection and administration of the educator tools or assessments selected pursuant to subdivision (b). -(2) The advisory committee shall consist of 13 volunteers, the majority of whom shall be deaf or hard of hearing, and all of whom shall be within the field of education for the deaf and hard of hearing. The advisory committee shall include all of the following: -(A) One parent of a child who is deaf or hard of hearing who uses the dual languages of ASL and English. -(B) One parent of a child who is deaf or hard of hearing who uses only spoken English, with or without visual supplements. -(C) One credentialed teacher of deaf and hard-of-hearing pupils who use the dual languages of ASL and English. -(D) One credentialed teacher of deaf and hard-of-hearing pupils from a state certified nonpublic, nonsectarian school. -(E) One expert who researches language outcomes for deaf and hard-of-hearing children using ASL and English. -(F) One expert who researches language outcomes for deaf and hard-of-hearing children using spoken English, with or without visual supplements. -(G) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in curriculum and instruction in ASL and English. -(H) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in curriculum and instruction in spoken English, with or without visual supplements. -(I) One advocate for the teaching and use of the dual languages of ASL and English. -(J) One advocate for the teaching and use of spoken English, with or without visual supplements. -(K) One early intervention specialist who works with deaf and hard-of-hearing infants and toddlers using the dual languages of ASL and English. -(L) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in ASL and English language assessment. -(M) One speech pathologist from spoken English, with or without the use of visual supplements. -(f) The advisory committee established pursuant to subdivision (e) may also advise the department or its contractor on the content and administration of the existing instrument used to assess the development of children with disabilities pursuant to federal law, as used to assess deaf and hard-of-hearing children’s language and literacy development to ensure the appropriate use of that instrument with those children, and may make recommendations regarding future research to improve the measurement of progress of deaf and hard-of-hearing children in language and literacy. -(g) Commencing on or before July 31, 2017, and on or before each July 31 thereafter, the department shall annually produce a report, using existing data reported in compliance with the federally required state performance plan on pupils with disabilities, that is specific to language and literacy development of deaf and hard-of-hearing children from birth to five years of age, inclusive, including those who are deaf or hard of hearing and have other disabilities, relative to their peers who are not deaf or hard of hearing. The department shall make this report available on its Internet Web site. -(h) All activities of the department in implementing this section shall be consistent with federal law regarding the education of children with disabilities and federal law regarding the privacy of pupil information. -(i) For the purpose of this section, the term “language developmental milestones” means milestones of development aligned with the existing state instrument used to meet the requirements of federal law for the assessment of children from birth to five years of age, inclusive. -(j) This section shall apply only to children from birth to five years of age, inclusive. -(k) Implementation of this section is subject to an appropriation being made for purposes of this section in the annual Budget Act or another statute. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law provides that the Superintendent of Public Instruction may authorize the California School for the Deaf, which is composed of two schools, the California School for the Deaf, Northern California, and the California School for the Deaf, Southern California, to establish and maintain a testing center for deaf and hard-of-hearing minors. Existing law provides that the purpose of the center shall be to test hearing acuity and to give such other tests as may be necessary for advising parents and school authorities concerning an appropriate educational program for the child. Existing law authorizes a pupil to be referred, as appropriate, to the California School for the Deaf, among other places, for further assessment and recommendations. -This bill would require the State Department of Education’s Deaf and Hard of Hearing unit and the state’s 2 schools for the deaf to jointly select language developmental milestones from existing standardized norms for purposes of developing a resource for use by parents to monitor and track deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. The bill would require the language developmental milestones to be selected from the language developmental milestones recommended by an ad hoc advisory committee, which the bill would establish, as provided. The bill would require the parent resource to, among other things, make clear that it is not a formal assessment of language and literacy development, and that a parent’s observations of their children may differ from formal assessment data presented at an individualized family service plan (IFSP) or individualized education program (IEP) meeting, but to also make clear that a parent may bring the parent resource to an IFSP or IEP meeting for purposes of sharing their observations about their child’s development. -The bill would require the department to also select existing tools or assessments for educators that can be used to assess the language and literacy development of deaf and hard-of-hearing children, as specified. The bill would authorize the educator tools or assessments to be used, in addition to the assessment required by federal law, by the child’s IFSP or IEP team, as applicable, to track deaf and hard-of-hearing children’s progress, and to establish or modify IFSP or IEP plans. -The bill would, if a child does not demonstrate progress in expressive and receptive language skills, as measured by one of the selected educator tools or assessments, or by the existing instrument used to satisfy federal law, require the child’s IFSP or IEP team, as applicable, to explain in detail the reasons why the child is not meeting the language developmental milestones or progressing towards them, and to recommend specific strategies, services, and programs that would be provided to assist the child’s success toward English literacy. To the extent this provision would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program. The bill also would require the department to disseminate the language developmental milestones to parents and guardians of deaf or hard-of-hearing children, and, pursuant to federal law, to disseminate the selected educator tools and assessments to local educational agencies for use in the development and modification of IFSP and IEP plans, and to provide materials and training on its use to assist the deaf or hard-of-hearing child in becoming linguistically ready for kindergarten using both or one of the languages of American Sign Language and English. -The bill would require the department, commencing on or before July 31, 2017, and on or before each July 31 thereafter, to produce a report that is specific to language and literacy development of deaf and hard-of-hearing children from birth to 5 years of age, inclusive, including those who are deaf or hard of hearing and have other disabilities, relative to their peers who are not deaf or hard of hearing, as specified. The bill would require the department to make the report available on its Internet Web site. -The bill would make these provisions applicable only to children from birth to 5 years of age, inclusive. The bill also would provide that implementation of these provisions is subject to an appropriation being made for these purposes in the annual Budget Act or another statute. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 56326.5 to the Education Code, relating to special education." -50,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 20194 of the Government Code is repealed. -SEC. 2. -Section 20222.5 of the Government Code is amended to read: -20222.5. -(a) The board may, during the course of an audit, require each state employer, school employer, including each school district represented by a school employer, and contracting agency, to provide information or make available for examination or copying at a specified time and place, or both, books, papers, any data, or any records, including, but not limited to, personnel and payroll records, as deemed necessary by the board to determine eligibility for, and the correctness of, retirement benefits, reportable compensation, enrollment in, and reinstatement to this system. -(b) Before initiating an audit, the board shall notify the subject of the audit of the estimated time required to complete the audit. The estimate shall be based upon various factors, including, but not limited to, the following: -(1) The number of employees. -(2) Employment classifications. -(3) Benefits. -(4) Contract provisions. -(5) Geographical location. -(6) Time required for audits of comparable entities. -(7) Additional time factors raised by the subject of the audit. -(c) If an audit requires an excess of the time estimated, the board may assess a reasonable charge upon the employer to recover additional costs incurred for the excess time to complete the audit. A contracting agency shall not be assessed for delays during the course of an audit that are reasonably outside of the agency’s control. -(d) The information obtained from an employer under this section shall remain confidential pursuant to Section 20230. -SEC. 3. -Section 20235 of the Government Code is amended to read: -20235. -(a) The board shall submit a review of this system’s assets to the Legislature on a semiannual basis. The report shall also be made available to all contracting agencies. The report shall discuss the system’s assets, including review of all defined benefit trusts and defined contribution plans, and shall contain the following information: -(1) Defined benefit trust and defined contribution plan total current market value and allocation of investments across primary asset classes, if appropriate. -(2) Review of all portfolio and partnership current market value by primary asset class and strategy. -(3) Historical time-weighted return for all defined benefit trusts, defined contribution plans, portfolios, and partnerships on a five-year, three-year, and one-year basis. -(4) Summary of performance of an alternative theoretical portfolio for all defined benefit trusts and defined contribution plans based upon policy benchmarks approved by the board. -(5) Description of policy benchmark components represented in the alternative theoretical portfolio. -(b) Upon written request from a contracting agency that does not participate in a risk pool, the board shall also submit quarterly reports to the contracting agency as described in this subdivision. For the first quarter of the fiscal year, the report shall be submitted within 120 days after the end of the quarter and shall contain the agency’s beginning balance for the fiscal year. For the second and third quarters of the fiscal year, the report shall be submitted to the contracting agency within 90 days after the end of the quarter. For the fourth quarter of the fiscal year, the report shall be submitted within 180 days after the end of the quarter and shall contain the agency’s balance as of the end of the fiscal year. The report shall include, but need not be limited to, the following: -(1) All contributions made to the system by the contracting agency and its employees. The contributions shall be reported as the amounts paid and the amounts due from the contracting agency for both employer contributions and employee contributions. -(2) All benefits paid by the system to members of the contracting agency and their survivors and beneficiaries, including payments on account of pension, death, and disability benefits, and withdrawals of contributions. The benefits shall be reported as the total monthly allowances paid to retirees, survivors, and beneficiaries; the amount of total refunds paid; and the amount of any other lump sums paid. -(3) An amount that represents any miscellaneous adjustments, including transfers in and out. -(4) That quarter’s portion of the agency’s estimated share of the system’s administrative costs that shall be assessed at the end of the fiscal year. -(5) The rate of return for the system during the quarter as reported to the board by the investment committee. -(6) The estimated interest applied to the agency’s account as determined by the system. For purposes of this paragraph, the “estimated interest applied” means the estimate of the annual net earnings, as defined in Section 20052, and is subject to adjustment at the end of the fiscal year based on the actual dollar-weighted amount of investment return that shall be credited to the agency’s account for the fiscal year. The report for the fourth quarter of the fiscal year shall also include the actual dollar-weighted amount of investment return for the fiscal year that shall be credited to the contracting agency’s account. -(c) Upon written request from a contracting agency that participates in a risk pool, the board shall submit to the contracting agency quarterly reports that reflect the total contributions made to the system by agencies in the risk pool, the total benefits paid by the system with respect to the risk pool, the total estimated share of administrative costs for the risk pool, and the total estimated share of investment returns for the risk pool. -(d) A contracting agency requesting quarterly reports pursuant to subdivision (b) or (c) shall pay a fee, in an amount determined by the board, not to exceed one thousand five hundred dollars ($1,500) quarterly per agency while the manual process of collecting the information is in use. -(e) Any report received by a contracting agency pursuant to this section shall be made available by the agency to any employee organization that represents the agency’s employees and that requests a copy of the report. -SEC. 4. -Section 21002 of the Government Code is amended to read: -21002. -A member who returns to active state service following an employer-approved leave of absence because of his or her serious illness or injury may elect to receive service credit for that period of uncompensated absence at any time prior to retirement by making contributions as specified in Sections 21050 and 21052. The purchase of additional service credit pursuant to this section shall not reduce the amount of service credit that the member is eligible to purchase pursuant to this chapter. A member may purchase service credit pursuant to this section for a leave of absence that occurred either before or after the effective date of these provisions. -SEC. 5. -Section 21013 of the Government Code is amended to read: -21013. -“Leave of absence” also means any time, up to one year, during which a member is granted an approved maternity or paternity leave and returns to active state service at the end of the approved leave for a period of time at least equal to that leave. Any member may elect to receive service credit for that leave of absence at any time prior to retirement by making the contributions as specified in Sections 21050 and 21052. This section applies to both past and future maternity or paternity leaves of absences by members of the system.","(1) The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System (PERS) for the purpose of providing pension benefits to specified public employees and prescribes the rights and duties of members and annuitants of the system. PERL vests management and control of PERS in the Board of Administration. The California Constitution and PERL grant the board control over the investment of the retirement fund subject to certain restrictions. PERL directs the board to invest not less than 25% of all funds that become available in a fiscal year for new investments in specified obligations and securities connected with residential realty, subject to the board’s authority to substitute other investments consistent with its fiduciary obligations to the retirement system and standards for prudent investment. PERL requires the board to report on these investments. -This bill would repeal the provisions regarding investing in residential realty, described above. -(2) PERL authorizes the board to require employers participating in the system to provide specified information, as deemed necessary by the board, for examination and copying in the course of an audit to determine the correctness of retirement benefits, reportable compensation, enrollment in the system, and reinstatement to the system. -This bill would provide that the authority described above also applies to determining the eligibility for retirement benefits. -(3) PERL requires the board to submit a quarterly review of system assets to the Legislature, which is required to include reporting on the system’s portfolio on the basis of cost and market value, among other things. -This bill would change the frequency of this report to semiannual, would eliminate the requirement to report on the investments on a cost basis, and would make other changes to the content of the report. -(4) PERL permits a member who returns to active service following an employer-approved uncompensated leave of absence, as defined, because of his or her serious illness or injury to purchase service credit for that period of absence upon the payment of contributions, as specified. -This bill would specify that the option to purchase service credit shall be elected prior to retirement, that the member be returning to state service, and would make other related and clarifying changes.","An act to amend Sections 20222.5, 20235, 21002, and 21013 of, and to repeal Section 20194 of, the Government Code, relating to public employees’ retirement." -51,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1170.05 of the Penal Code is amended to read: -1170.05. -(a) Notwithstanding any other law, the Secretary of the Department of Corrections and Rehabilitation is authorized to offer a program under which female inmates as specified in subdivision (c), who are not precluded by subdivision (d), and who have been committed to state prison may be allowed to participate in a voluntary alternative custody program as defined in subdivision (b) in lieu of their confinement in state prison. In order to qualify for the program an offender need not be confined in an institution under the jurisdiction of the Department of Corrections and Rehabilitation. Under this program, one day of participation in an alternative custody program shall be in lieu of one day of incarceration in the state prison. Participants in the program shall receive any sentence reduction credits that they would have received had they served their sentence in the state prison, and shall be subject to denial and loss of credit pursuant to subdivision (a) of Section 2932. The department may enter into contracts with county agencies, not-for-profit organizations, for-profit organizations, and others in order to promote alternative custody placements. -(b) As used in this section, an alternative custody program shall include, but not be limited to, the following: -(1) Confinement to a residential home during the hours designated by the department. -(2) Confinement to a residential drug or treatment program during the hours designated by the department. -(3) Confinement to a transitional care facility that offers appropriate services. -(c) Except as provided by subdivision (d), female inmates sentenced to state prison for a determinate term of imprisonment pursuant to Section 1170, and only those persons, are eligible to participate in the alternative custody program authorized by this section. -(d) An inmate committed to the state prison who meets any of the following criteria is not eligible to participate in the alternative custody program: -(1) The person has a current conviction for a violent felony as defined in Section 667.5. -(2) The person has a current conviction for a serious felony as defined in Sections 1192.7 and 1192.8. -(3) The person has a current or prior conviction for an offense that requires the person to register as a sex offender as provided in Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1. -(4) The person was screened by the department using a validated risk assessment tool and determined to pose a high risk to commit a violent offense. -(5) The person has a history, within the last 10 years, of escape from a facility while under juvenile or adult custody, including, but not limited to, any detention facility, camp, jail, or state prison facility. -(e) An alternative custody program shall include the use of electronic monitoring, global positioning system devices, or other supervising devices for the purpose of helping to verify a participant’s compliance with the rules and regulations of the program. The devices shall not be used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant, in which case the recording of such a conversation is to be used solely for the purposes of voice identification. -(f) (1) In order to implement alternative custody for the population specified in subdivision (c), the department shall create, and the participant shall agree to and fully participate in, an individualized treatment and rehabilitation plan. When available and appropriate for the individualized treatment and rehabilitation plan, the department shall prioritize the use of evidence-based programs and services that will aid in the successful reentry into society while she takes part in alternative custody. Case management services shall be provided to support rehabilitation and to track the progress and individualized treatment plan compliance of the inmate. -(2) For purposes of this section, “evidence-based practices” means supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or postrelease community supervision. -(g) The secretary shall prescribe reasonable rules and regulations under which the alternative custody program shall operate. The department shall adopt regulations necessary to effectuate this section, including emergency regulations as provided under Section 5058.3 and adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The participant shall be informed in writing that she shall comply with the rules and regulations of the program, including, but not limited to, the following rules: -(1) The participant shall remain within the interior premises of her residence during the hours designated by the secretary or his or her designee. -(2) The participant shall be subject to search and seizure by a peace officer at any time of the day or night, with or without cause. In addition, the participant shall admit any peace officer designated by the secretary or his or her designee into the participant’s residence at any time for purposes of verifying the participant’s compliance with the conditions of her detention. Prior to participation in the alternative custody program, all participants shall agree in writing to these terms and conditions. -(3) The secretary or his or her designee may immediately retake the participant into custody to serve the balance of her sentence if the electronic monitoring or supervising devices are unable for any reason to properly perform their function at the designated place of detention, if the participant fails to remain within the place of detention as stipulated in the agreement, or if the participant for any other reason no longer meets the established criteria under this section. -(h) Whenever a peace officer supervising a participant has reasonable suspicion to believe that the participant is not complying with the rules or conditions of the program, or that the electronic monitoring devices are unable to function properly in the designated place of confinement, the peace officer may, under general or specific authorization of the secretary or his or her designee, and without a warrant of arrest, retake the participant into custody to complete the remainder of the original sentence. -(i) This section does not require the secretary or his or her designee to allow an inmate to participate in this program if it appears from the record that the inmate has not satisfactorily complied with reasonable rules and regulations while in custody. An inmate is eligible for participation in an alternative custody program only if the secretary or his or her designee concludes that the inmate meets the criteria for program participation established under this section and that the inmate’s participation is consistent with any reasonable rules and regulations prescribed by the secretary. -(1) The rules and regulations and administrative policies of the program shall be written and shall be given or made available to the participant upon assignment to the alternative custody program. -(2) The secretary or his or her designee shall have the sole discretion concerning whether to permit program participation as an alternative to custody in state prison. A risk and needs assessment shall be completed on each inmate to assist in the determination of eligibility for participation and the type of alternative custody. -(3) An inmate’s existing psychiatric or medical condition that requires ongoing care is not a basis for excluding the inmate from eligibility to participate in an alternative custody program authorized by this section. -(j) The secretary or his or her designee shall establish a timeline for the application process. The secretary or his or her designee shall respond to an applicant within two weeks of her application to inform the inmate that the application was received, and to notify the inmate of the eligibility criteria of the program. The secretary or his or her designee shall provide a written notice to the inmate of her acceptance or denial into the program. The individualized treatment and rehabilitation plan described in subdivision (f) shall be developed, in consultation with the inmate, after the applicant has been found potentially eligible for participation in the program and no later than 30 calendar days after the potential eligibility determination. Except as necessary to comply with any release notification requirements, the inmate shall be released to the program no later than seven business days following notice of acceptance into the program, or if this is not possible in the case of an inmate to be placed in a residential drug or treatment program or in a transitional care facility, the first day a contracted bed becomes available at the requested location. If the inmate is denied participation in the program, the notice of denial shall specify the reason the inmate was denied. The secretary or his or her designee shall maintain a record of the application and notice of denials for participation. The inmate may appeal the decision through normal grievance procedures or reapply for participation in the program 30 days after the notice of the denial. -(k) The secretary or his or her designee shall permit program participants to seek and retain employment in the community, attend psychological counseling sessions or educational or vocational training classes, participate in life skills or parenting training, utilize substance abuse treatment services, or seek medical and dental assistance based upon the participant’s individualized treatment and release plan. Participation in other rehabilitative services and programs may be approved by the case manager if it is specified as a requirement of the inmate’s individualized treatment and rehabilitative case plan. Willful failure of the program participant to return to the place of detention not later than the expiration of any period of time during which she is authorized to be away from the place of detention pursuant to this section, unauthorized departures from the place of detention, or tampering with or disabling, or attempting to tamper with or disable, an electronic monitoring device shall subject the participant to a return to custody pursuant to subdivisions (g) and (h). In addition, participants may be subject to forfeiture of credits pursuant to the provisions of Section 2932, or to discipline for violation of rules established by the secretary. -(l) (1) Notwithstanding any other law, the secretary or his or her designee shall provide the information specified in paragraph (2) regarding participants in an alternative custody program to the law enforcement agencies of the jurisdiction in which persons participating in an alternative custody program reside. -(2) The information required by paragraph (1) shall consist of the following: -(A) The participant’s name, address, and date of birth. -(B) The offense committed by the participant. -(C) The period of time the participant will be subject to an alternative custody program. -(3) The information received by a law enforcement agency pursuant to this subdivision may be used for the purpose of monitoring the impact of an alternative custody program on the community. -(m) It is the intent of the Legislature that the alternative custody program established under this section maintain the highest public confidence, credibility, and public safety. In the furtherance of these standards, the secretary may administer an alternative custody program pursuant to written contracts with appropriate public agencies or entities to provide specified program services. No public agency or entity entering into a contract may itself employ any person who is in an alternative custody program. The department shall determine the recidivism rate of each participant in an alternative custody program. -(n) An inmate participating in this program shall voluntarily agree to all of the provisions of the program in writing, including that she may be returned to confinement at any time with or without cause, and shall not be charged fees or costs for the program. -(o) (1) The secretary or his or her designee shall assist an individual participating in the alternative custody program in obtaining health care coverage, including, but not limited to, assistance with having suspended Medi-Cal benefits reinstated, applying for Medi-Cal benefits, or obtaining health care coverage under a private health plan or policy. -(2) To the extent not covered by a participant’s health care coverage, the state shall retain responsibility for the medical, dental, and mental health needs of individuals participating in the alternative custody program. -(p) The secretary shall adopt emergency regulations specifically governing participants in this program. -(q) If a phrase, clause, sentence, or provision of this section or application thereof to a person or circumstance is held invalid, that invalidity shall not affect any other phrase, clause, sentence, or provision or application of this section, which can be given effect without the invalid phrase, clause, sentence, or provision or application and to this end the provisions of this section are declared to be severable.","Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to offer a program under which female inmates who are committed to state prison may be allowed to participate in a voluntary alternative custody program in lieu of confinement in state prison. Existing law defines an alternative custody program to include confinement to a residential home, a residential drug or treatment program, or a transitional care facility that offers appropriate services. Existing law provides that female inmates sentenced to determinate sentences shall be eligible for participation in the program, subject to certain disqualifying criteria. -Except as specified, existing law requires the suspension of certain Medi-Cal benefits to an individual who is an inmate of a public institution. Existing law requires the state to retain responsibility for the medical, dental, and mental health needs of individuals participating in the alternative custody program. -This bill would provide that an inmate’s existing psychiatric or medical condition that requires ongoing care is not a basis for excluding the inmate from eligibility for the program. -The bill would also prescribe specific timeframes for, among other things, the review of an application to participate in the program, notifying an applicant when a determination has been made on that application, the development of an individualized treatment and rehabilitation plan, and release of the inmate into the program. The bill would require a notice of denial to specify the reasons the inmate has been denied participation in the program, and authorize an inmate to reapply for participation in the program or appeal a denial, as specified. -The bill would also require the secretary or his or her designee to assist an individual participating in the alternative custody program in obtaining health care coverage, including, but not limited to, assistance with having suspended Medi-Cal benefits reinstated, applying for Medi-Cal benefits, or obtaining health care coverage under a private health plan or policy. The bill would require that, to the extent not covered by a participant’s health care coverage, the state would retain responsibility for the medical, dental, and mental health needs of individuals participating in the alternative custody program.","An act to amend Section 1170.05 of the Penal Code, relating to prisons." -52,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The Sacramento-San Joaquin Delta is an invaluable California natural resource. However, the health of the Delta is being threatened by water hyacinth as it obstructs waterways and marinas, consumes valuable water resources, creates human health and safety hazards, and damages cherished natural ecosystems by crowding out native plants and wildlife. -(b) The Division of Boating and Waterways is the lead agency responsible for eradicating and controlling invasive aquatic plants, such as water hyacinth, in the Delta, its tributaries, and the Suisun Marsh. -(c) Water hyacinth is controlled by the Division of Boating and Waterways primarily through the use of pesticides, which require state and federal permits, approvals, and biological opinions. -(d) In 2012, the Division of Boating and Waterways failed to obtain these permits in a timely manner and pesticide spraying was significantly delayed, -which -which, in combination with other factors, -allowed water hyacinth to grow and multiply into dense, unsafe mats that blanketed and obstructed several areas of the Delta. -(e) Therefore, in order to improve public transparency and accountability, an advisory and oversight committee must be established to -evaluate and -monitor the activities of the Division of Boating and Waterways relating to the management and control or eradication of invasive aquatic plants in the Delta, its tributaries, and the Suisun Marsh. -SEC. 2. -Section 64 of the Harbors and Navigation Code is amended to read: -64. -(a) The Legislature hereby finds and declares that the growth of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh has occurred at an unprecedented level and that the resulting accumulations of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) obstruct navigation, impair other recreational uses of waterways, have the potential for damaging manmade facilities, and may threaten the health and stability of fisheries and other ecosystems within the Delta and the Suisun Marsh. Accordingly, it is necessary that the state, in cooperation with agencies of the United States, undertake an aggressive program for the effective control of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Delta, its tributaries, and the Suisun Marsh. -(b) The department is designated as the lead agency of the state for the purpose of cooperating with agencies of the United States and other public agencies in controlling water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Delta, its tributaries, and the Suisun Marsh. -(c) The department, other state agencies, including, but not limited to, the California Conservation Corps, cities, counties, and districts are hereby authorized to cooperate with one another and with agencies of the United States in controlling water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Delta, its tributaries, and the Suisun Marsh and may furnish money, services, equipment, and other property to that end. -(d) Up to five thousand dollars ($5,000) per year of the funds available for expenditure by the Department of Fish and Game to implement this section shall be paid from the Harbors and Watercraft Revolving Fund. -(e) Whenever any control program is proposed to take place in Rock Slough, the department and the Contra Costa Water District shall develop a memorandum of understanding establishing the parameters of the control program. This subdivision does not apply to any control program proposed for Sand Mound Slough. -SEC. 3. -Section 64.6 is added to the Harbors and Navigation Code, to read: -64.6. -The division shall, no later than 90 days after the effective date of the act adding this section, establish an advisory and oversight committee to -evaluate and -monitor the activities of the division relating to the management and control or eradication of invasive aquatic plants in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh. -(a) The division shall designate and provide staff support to the advisory and oversight committee. -(b) The membership of the advisory and oversight committee shall include an equitable number of representatives from each of the following interests affected by invasive aquatic plants in the Delta, its tributaries, and the Suisun Marsh: -(1) Agriculture. -(2) Recreational boating. -(3) Commercial shipping. -(4) Business owners. -(5) California Invasive Plant Council. -(6) Research institutions. -(7) Wildlife conservation. -(8) Environment. -(9) Resource conservation districts. -(10) The general public. -(11) Local government. -(c) The advisory and oversight committee shall meet, at a minimum, twice per year and communicate any findings or recommendations to the division. The division shall make any such findings or recommendations publically available on the division’s Internet Web site. -(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to aid in the mitigation and control of invasive aquatic plants that have caused significant damage to the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh by obstructing waterways and marinas, consuming valuable water resources, creating human health and safety hazards, and damaging cherished natural ecosystems, it is necessary that this act take effect immediately.","Existing law designates the Division of Boating and Waterways within the Department of Parks and Recreation as the lead agency of the state for purposes of cooperating with other state, local, and federal agencies in identifying, detecting, controlling, and administering programs to manage invasive aquatic plants in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh, and prescribes the duties of the division with regard to the management and control or eradication of those plants. -This bill would require the division, no later than 90 days after the effective date of the bill, to establish, and designate and provide staff support to, an advisory and oversight committee to -evaluate and -monitor the activities of the division relating to the management and control or eradication of those plants. The bill would require the membership of the advisory and oversight committee to include an equitable number of representatives from specified interests and would require the advisory and oversight committee to meet, at a minimum, twice per year and communicate any findings or recommendations to the division. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 64 of, and to add and repeal Section 64.6 of, the Harbors and Navigation Code, relating to -aquatic -invasive -aquatic -plants, and declaring the urgency thereof, to take effect immediately." -53,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 117630 of the Health and Safety Code is amended to read: -117630. -(a) “Biohazard bag” means a disposable film bag used to contain medical waste. Notwithstanding subdivision (b) of Section 117605, the film bags that are used to line the United States Department of Transportation (USDOT)-approved shipping containers for transport from the generator’s facility onto roadways and into commerce to a treatment and disposal facility shall be marked and certified by the manufacturer as having passed the tests prescribed for tear resistance in the American Society for Testing Materials (ASTM) D1922, “Standard Test Method for Propagation Tear Resistance of Plastic Film and Thin Sheeting by Pendulum Method” and for impact resistance in ASTM D1709, “Standard Test Methods for Impact Resistance of Plastic Film by the Free-Falling Dart Method,” as those documents were published on January 1, 2014. The film bag shall meet an impact resistance of 165 grams and a tearing resistance of 480 grams in both parallel and perpendicular planes with respect to the length of the bag. -(b) The biohazard bag that is used to collect medical waste within a facility shall be manufacturer certified to meet the ASTM D1709 dart drop test, provided that when the bag is prepared for transport offsite, it is placed into a USDOT-approved container lined with a biohazard bag that is ASTM D1709 and ASTM D1922 certified. -(c) The color of the bag shall be red, except when yellow bags are used to further segregate trace chemotherapy waste and white bags are used to further segregate pathology waste. The biohazard bag shall be marked with the international biohazard symbol and may be labeled by reference as authorized by the USDOT. -SEC. 2. -Section 117904 of the Health and Safety Code is amended to read: -117904. -(a) In addition to the consolidation points authorized pursuant to Section 118147, the enforcement agency may approve a location as a point of consolidation for the collection of home-generated sharps waste, which, after collection, shall be transported and treated as medical waste. -(b) A consolidation location approved pursuant to this section shall be known as a “home-generated sharps consolidation point.” -(c) A home-generated sharps consolidation point is not subject to the requirements of Chapter 9 (commencing with Section 118275), to the permit or registration requirements of this part, or to any permit or registration fees, with regard to the activity of consolidating home-generated sharps waste pursuant to this section. -(d) A home-generated sharps consolidation point shall comply with all of the following requirements: -(1) All sharps waste shall be placed in sharps containers. -(2) Sharps containers ready for disposal shall not be held for more than seven days without the written approval of the enforcement agency. -(e) An operator of a home-generated sharps consolidation point approved pursuant to this section shall not be considered the generator of that waste, but shall be listed on the tracking documents in compliance with the United States Postal Service requirements for waste shipped through mail back and on the tracking documents as required by the department. -(f) The medical waste treatment facility which treats the sharps waste subject to this section shall maintain the tracking document required by Sections 118040 and 118165 with regard to that sharps waste. -SEC. 3. -Section 117943 of the Health and Safety Code is amended to read: -117943. -(a) A medical waste generator required to register pursuant to this chapter shall maintain for a minimum of three years individual treatment operating records, and if applicable, the tracking document for all untreated medical waste shipped offsite for treatment, and shall report or submit to the enforcement agency, upon request, all of the following: -(1) Treatment operating records. Operating records shall be maintained in written or electronic form. -(2) An emergency action plan complying with regulations adopted by the department. -(3) Tracking documents or electronically archived tracking documents maintained by the facility and medical waste hauler of all untreated medical waste shipped offsite for treatment. -(b) Documentation shall be made available to the enforcement agency onsite. -SEC. 4. -Section 117945 of the Health and Safety Code is amended to read: -117945. -(a) Small quantity generators who are not required to register pursuant to this chapter shall maintain on file in their office all of following: -(1) An information document stating how the generator contains, stores, treats, and disposes of any medical waste generated through any act or process of the generator. -(2) Records required by the United States Postal Service of any medical waste shipped offsite for treatment and disposal. The small quantity generator shall maintain, or have available electronically at the facility or from the medical waste hauler or common carrier, these records, for not less than three years. -(b) Documentation shall be made available to the enforcement agency onsite. -SEC. 5. -Section 117975 of the Health and Safety Code is amended to read: -117975. -(a) A large quantity medical waste generator required to register pursuant to this chapter shall maintain for a minimum of two years individual treatment records and the tracking document for all untreated medical waste shipped offsite for treatment. The generator shall report or submit to the enforcement agency, upon request, all of the following: -(1) Treatment operating records. Operating records shall be maintained in written or electronic form. -(2) An emergency action plan in accordance with regulations adopted by the department. -(3) Tracking documents or electronically archived tracking documents maintained by the facility or medical waste hauler of all untreated medical wastes shipped offsite for treatment. -(b) Documentation shall be made available to the enforcement agency onsite as soon as feasible, but no more than two business days following the request. -SEC. 6. -Section 118032 of the Health and Safety Code is amended to read: -118032. -A pharmaceutical waste generator or parent organization that employs health care professionals who generate pharmaceutical waste is exempt from the requirements of subdivision (a) of Section 118000 if all of the following requirements are met: -(a) The generator or parent organization has on file one of the following: -(1) If the generator or parent organization is a small quantity generator required to register pursuant to Chapter 4 (commencing with Section 117925), a medical waste management plan prepared pursuant to Section 117935. -(2) If the generator or parent organization is a small quantity generator not required to register pursuant to Chapter 4 (commencing with Section 117925), the information document maintained pursuant to subdivision (a) of Section 117945. -(3) If the generator or parent organization is a large quantity generator, a medical waste management plan prepared pursuant to Section 117960. -(b) The generator or health care professional who generated the pharmaceutical waste transports the pharmaceutical waste himself or herself, or directs a member of his or her staff to transport the pharmaceutical waste to a parent organization or another health care facility for the purpose of consolidation before treatment and disposal, or contracts with a common carrier to transport the pharmaceutical waste to a permitted medical waste treatment facility or transfer station. -(c) Except as provided in subdivision (d), all of the following requirements are met: -(1) Prior to shipment of the pharmaceutical waste, the generator notifies the intended destination facility that it is shipping pharmaceutical waste to it and provides a copy of the tracking document, as specified in Section 118040. -(2) The generator and the facility receiving the pharmaceutical waste maintain the tracking document, as specified in Section 118040. -(3) The facility receiving the pharmaceutical waste notifies the generator of the receipt of the pharmaceutical waste shipment and any discrepancies between the items received and the tracking document, as specified in Section 118040, evidencing diversion of the pharmaceutical waste. -(4) The generator notifies the enforcement agency of any discrepancies between the items received and the tracking document, as specified in Section 118040, evidencing diversion of the pharmaceutical waste. -(d) (1) Notwithstanding subdivision (c), if a health care professional who generates pharmaceutical waste returns the pharmaceutical waste to the parent organization for the purpose of consolidation before treatment and disposal over a period of time, a single-page form or multiple entry log may be substituted for the tracking document, if the form or log contains all of the following information: -(A) The name of the person transporting the pharmaceutical waste. -(B) The number of containers of pharmaceutical waste. This clause does not require any generator to maintain a separate pharmaceutical waste container for every patient or to maintain records as to the specified source of the pharmaceutical waste in any container. -(C) The date that the pharmaceutical waste was returned. -(2) The form or log described in paragraph (1) shall be maintained in the files of the health care professional who generates the pharmaceutical waste and the parent organization or another health care facility that receives the pharmaceutical waste. -(3) This subdivision does not prohibit the use of a single document to verify the return of more than one container to a parent organization or another health care facility, provided the form or log meets the requirements specified in paragraphs (1) and (2). -SEC. 7. -Section 118040 of the Health and Safety Code is amended to read: -118040. -(a) Except with regard to sharps waste consolidated by a home-generated sharps consolidation point approved pursuant to Section 117904, a hazardous waste transporter transporting medical waste shall maintain a completed tracking document in compliance with subdivision (b) for the purpose of tracking the medical waste from the point when the waste leaves the generator facility until it receives final treatment. At the time that the medical waste is received by a hazardous waste transporter, the transporter shall provide the medical waste generator with a copy of the tracking document. The transporter transporting medical waste shall maintain its copy of the tracking document for three years. -(b) The tracking document shall include, but not be limited to, all of the following information: -(1) The name, address, telephone number, and registration number of the transporter, unless transported pursuant to Section 117946 or 117976. -(2) The type of medical waste transported and the quantity or aggregate weight of medical waste transported. -(3) The name, address, and telephone number of the generator. -(4) The name, address, telephone number, permit number, and the signature of an authorized representative of the permitted facility receiving the medical waste. -(5) The date that the medical waste is collected or removed from the generator’s facility, the date that the medical waste is received by the transfer station, the registered large quantity generator, or point of consolidation, if applicable, and the date that the medical waste is received by the treatment facility. -(c) A hazardous waste transporter transporting medical waste in a vehicle shall have the tracking document in his or her possession while transporting the medical waste. The tracking document shall be shown upon demand to any enforcement agency personnel or officer of the Department of the California Highway Patrol. If the medical waste is transported by rail, vessel, or air, the railroad corporation, vessel operator, or airline shall enter on the shipping papers any information concerning the medical waste that the enforcement agency may require. -(d) A hazardous waste transporter transporting medical waste shall provide the facility receiving the medical waste with the original tracking document. -(e) Each hazardous waste transporter and each medical waste treatment facility shall provide tracking data periodically and in a format as determined by the department. -SEC. 8. -Section 118275 of the Health and Safety Code is amended to read: -118275. -(a) To containerize or store medical waste, at the point of generation and while collected in that room, a person shall do all of the following: -(1) Medical waste, as defined in Section 117690, shall be contained separately from other waste at the point of origin in the producing facility. Sharps containers may be placed in biohazard bags or in containers with biohazard bags. -(2) Biohazardous waste, as defined in paragraph (1) of subdivision (b) of Section 117690, shall be placed in a biohazard bag and labeled in compliance with Section 117630. -(3) Sharps waste, as defined in paragraph (4) of subdivision (b) of Section 117690, including sharps and pharmaceutical waste containerized pursuant to paragraph (7), shall be contained in a United States Food and Drug Administration (USFDA) approved sharps container that meets USFDA labeling requirements and is handled pursuant to Section 118285. -(4) Trace chemotherapy waste, as defined in paragraph (5) of subdivision (b) of Section 117690, shall be segregated for storage, and, when placed in a secondary container, that container shall be labeled with the words “Chemotherapy Waste,” “CHEMO,” or other label approved by the department on the lid and sides, so as to be visible from any lateral direction, to ensure treatment of the biohazardous waste pursuant to Section 118222. Sharps waste that is contaminated through contact with, or having previously contained, chemotherapeutic agents, shall be placed in sharps containers labeled in accordance with the industry standard with the words “Chemotherapy Waste,” “CHEMO,” or other label approved by the department, and shall be segregated to ensure treatment of the sharps waste pursuant to Section 118222. -(5) Pathology waste, as defined in paragraph (2) of subdivision (b) of Section 117690, shall be segregated for storage and, when placed in a secondary container, that container shall be labeled with the words “Pathology Waste,” “PATH,” or other label approved by the department on the lid and sides, so as to be visible from any lateral direction, to ensure treatment of the waste pursuant to Section 118222. -(6) Pharmaceutical waste, as defined in paragraph (3) of subdivision (b) of Section 117690, shall be segregated for storage in accordance with the facility’s medical waste management plan. When this waste is prepared for shipment offsite for treatment, it shall be properly containerized for shipment in compliance with United States Department of Transportation and the United States Drug Enforcement Administration (DEA) requirements. -(A) Pharmaceutical wastes classified by the DEA as “controlled substances” shall be disposed of in compliance with DEA requirements. -(B) Nonradioactive pharmaceutical wastes that are not subject to the federal Resource Conservation and Recovery Act of 1976 (Public Law 94-580), as amended, and that are regulated as medical waste are placed in a container or secondary container labeled with the words “HIGH HEAT” or “INCINERATION ONLY,” or with another label approved by the department, on the lid and sides, so as to be visible from any lateral direction, to ensure treatment of the biohazardous waste pursuant to Section 118222. -(7) A person may consolidate into a common container, which may be reusable, sharps waste, as defined in paragraph (4) of subdivision (b) of Section 117690, and pharmaceutical wastes, as defined in paragraph (3) of subdivision (b) of Section 117690, provided that both of the following apply: -(A) The consolidated waste is treated by incineration or alternative treatment technologies approved to treat that waste pursuant to paragraph (1) or (3) of subdivision (a) of Section 118215 prior to disposal. That alternative treatment shall render the waste unrecoverable and nonhazardous. -(B) The container meets the requirements of Section 118285. The container shall be labeled with the biohazardous waste symbol and the words “HIGH HEAT” or “INCINERATION ONLY,” or with another label approved by the department, on the lid and sides, so as to be visible from any lateral direction, to ensure treatment of the waste pursuant to this subdivision. -(b) To containerize medical waste being held for shipment offsite for treatment, the waste shall be labeled, as outlined in subdivision (a), on the lid and sides of the container. -(c) When medical waste is containerized pursuant to subdivisions (a) and (b) there is no requirement to label the containers with the date that the waste started to accumulate. -SEC. 9. -Section 118345 of the Health and Safety Code is amended to read: -118345. -(a) Any person who intentionally makes any false statement or representation in any application, label, tracking document, record, report, permit, registration, or other document filed, maintained, or used for purposes of compliance with this part that materially affects the health and safety of the public is liable for a civil penalty of not more than ten thousand dollars ($10,000) for each separate violation or, for continuing violations, for each day that the violation continues. -(b) Any person who fails to register or fails to obtain a medical waste permit in violation of this part, or otherwise violates any provision of this part, any order issued pursuant to Section 118330, or any regulation adopted pursuant to this part, is liable for a civil penalty of not more than ten thousand dollars ($10,000) for each violation of a separate provision of this part or, for continuing violations, for each day that the violation continues. -SEC. 10. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to ensure that necessary and technical changes to the laws governing the handling and disposal of medical waste are implemented as soon as possible, it is necessary that this act take effect immediately.","(1) Under existing law, the Medical Waste Management Act, the State Department of Public Health regulates the disposal of medical waste. The act requires specified biohazard materials to be disposed of in biohazard bags and requires specified treatment for medical waste. Transportation, storage, treatment, or disposal of medical waste in a manner not authorized by the act is a crime. Existing law defines specified terms for purposes of the Medical Waste Management Act, including “biohazard bag.” Existing law defines a biohazard bag to mean a film bag that is impervious to moisture. Existing law requires the film bags that are used for transport to be marked and certified by the manufacturer as having passed specified tests prescribed for tear resistance and for impact resistance. -This bill would revise the definition of “biohazard bag” and would limit the application of the requirement that film bags used for transport be marked and certified by the manufacturer as having passed specified tests only to those film bags that are used for transport from the generator’s facility onto roadways and into commerce to a treatment and disposal facility. The bill would revise the requirements for biohazard bags that are used to collect medical waste within a facility, as specified. -(2) Existing law requires a hazardous waste transporter or generator transporting medical waste to maintain a completed shipping document in compliance with the United States Department of Transportation and a tracking document if the waste is transported to a facility other than the final medical waste treatment facility. -This bill would instead require a hazardous waste transporter that transports medical waste to maintain a tracking document in compliance with specified requirements for purposes of tracking medical waste from the point when the waste leaves the generator facility until the waste receives final treatment. The bill would also require the tracking document to be maintained only by hazardous waste transporters, and not by generators transporting waste. The bill would also make conforming changes. -(3) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 117630, 117904, 117943, 117945, 117975, 118032, 118040, 118345, and 118275 of the Health and Safety Code, relating to medical waste, and declaring the urgency thereof, to take effect immediately." -54,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 837.5 is added to the Code of Civil Procedure, immediately following Section 837, to read: -837.5. -(a) The state may intervene in a comprehensive adjudication conducted pursuant to this chapter. -(b) This section does not affect substantive law. -SEC. 2. -Section 10720.1 of the Water Code is amended to read: -10720.1. -In enacting this part, it is the intent of the Legislature to do all of the following: -(a) To provide for the sustainable management of groundwater basins. -(b) To enhance local management of groundwater consistent with rights to use or store groundwater and Section 2 of Article X of the California Constitution. It is the intent of the Legislature to preserve the security of water rights in the state to the greatest extent possible consistent with the sustainable management of groundwater. -(c) To establish minimum standards for sustainable groundwater management. -(d) To provide local groundwater agencies with the authority and the technical and financial assistance necessary to sustainably manage groundwater. -(e) To avoid or minimize subsidence. -(f) To improve data collection and understanding about groundwater. -(g) To increase groundwater storage and remove impediments to recharge. -(h) To manage groundwater basins through the actions of local governmental agencies to the greatest extent feasible, while minimizing state intervention to only when necessary to ensure that local agencies manage groundwater in a sustainable manner. -(i) To provide a more efficient and cost-effective groundwater adjudication process that protects water rights, ensures due process, prevents unnecessary delay, and furthers the objectives of this part. -SEC. 3. -Section 10720.5 of the Water Code is amended to read: -10720.5. -(a) Groundwater management pursuant to this part shall be consistent with Section 2 of Article X of the California Constitution. Nothing in this part modifies rights or priorities to use or store groundwater consistent with Section 2 of Article X of the California Constitution, except that in basins designated medium- or high-priority basins by the department, no extraction of groundwater between January 1, 2015, and the date of adoption of a groundwater sustainability plan pursuant to this part or the approval by the department of an alternative submitted under Section 10733.6, whichever is sooner, may be used as evidence of, or to establish or defend against, any claim of prescription. -(b) Nothing in this part, or in any groundwater management plan adopted pursuant to this part, determines or alters surface water rights or groundwater rights under common law or any provision of law that determines or grants surface water rights. -(c) Water rights may be determined in an adjudication action pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of the Code of Civil Procedure. -SEC. 4. -Section 10722.2 of the Water Code is amended to read: -10722.2. -(a) A local agency or an entity directed by the court in an adjudication action to file the request may request that the department revise the boundaries of a basin, including the establishment of new subbasins. A request shall be supported by the following information: -(1) Information demonstrating that the proposed adjusted basin can be the subject of sustainable groundwater management. -(2) Technical information regarding the boundaries of, and conditions in, the proposed adjusted basin. -(3) Information demonstrating that the entity proposing the basin boundary adjustment consulted with interested local agencies and public water systems in the affected basins before filing the proposal with the department. -(4) Other information the department deems necessary to justify revision of the basin’s boundary. -(b) By January 1, 2016, the department shall adopt regulations regarding the information required to comply with subdivision (a), including the methodology and criteria to be used to evaluate the proposed revision. The department shall adopt the regulations, including any amendments thereto, authorized by this section as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding the Administrative Procedure Act, emergency regulations adopted by the department pursuant to this section shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the department. -(c) Methodology and criteria established pursuant to subdivision (b) shall address all of the following: -(1) How to assess the likelihood that the proposed basin can be sustainably managed. -(2) How to assess whether the proposed basin would limit the sustainable management of adjacent basins. -(3) How to assess whether there is a history of sustainable management of groundwater levels in the proposed basin. -(d) Prior to adopting the regulations pursuant to subdivision (b), the department shall conduct three public meetings to consider public comments. The department shall publish the draft regulations on its Internet Web site at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California, one meeting shall be conducted at a location in the central valley of California, and one meeting shall be conducted at a location in southern California. -(e) The department shall provide a copy of its draft revision of a basin’s boundaries to the California Water Commission. The California Water Commission shall hear and comment on the draft revision within 60 days after the department provides the draft revision to the commission. -SEC. 5. -Chapter 12 (commencing with Section 10737) is added to Part 2.74 of Division 6 of the Water Code, to read: -CHAPTER 12. Determination of Rights to Groundwater -10737. -Except as provided in this chapter, an adjudication action to determine rights to groundwater in a basin shall be conducted in accordance with the Code of Civil Procedure, including pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of that code. -10737.2. -In an adjudication action for a basin required to have a groundwater sustainability plan under this part, the court shall manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by this part. -10737.4. -(a) Chapter 11 (commencing with Section 10735) shall not apply to a judgment approved by the court pursuant to Section 850 of the Code of Civil Procedure if both of the following apply: -(1) A local agency or a party directed by the court to file the submission submits the judgment to the department for evaluation and assessment pursuant to paragraph (2) of subdivision (b) of Section 10733.6. -(2) The department determines that the judgment satisfies the objectives of this part for the basin. -(b) A party or group of parties proposing a stipulated judgment pursuant to subdivision (b) of Section 850 of the Code of Civil Procedure may submit the proposed stipulated judgment to the department for evaluation and assessment pursuant to paragraph (2) of subdivision (b) of Section 10733.6. -(c) Notwithstanding subdivision (c) of Section 10733.6, a judgment or proposed stipulated judgment pursuant to this section may be submitted to the department after January 1, 2017. -(d) A determination of the department on a submission pursuant to this section is subject to judicial review pursuant to Section 1085 of the Code of Civil Procedure. Venue shall be in the court with jurisdiction over the adjudication action and the case shall be coordinated with the adjudication action. -10737.6. -If the department determines that a judgment satisfies the objectives of this part in accordance with paragraph (2) of subdivision (a) of Section 10737.4, the department shall submit to the court the assessments and any recommended corrective actions that the department issues pursuant to Section 10733.8. The court, after notice and, if necessary, an evidentiary hearing, shall determine whether to amend the judgment pursuant to Section 852 of the Code of Civil Procedure to adopt the department’s recommended corrective actions. -10737.8. -In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management. -SEC. 6. -This act shall only become operative if Assembly Bill 1390 of the 2015–16 Regular Session is enacted and becomes effective.","The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable. Existing law specifies the jurisdiction of the courts. Under existing law, courts may adjudicate rights to produce groundwater and exercise other powers relating to the supervision of a groundwater basin. Existing law authorizes a court to order a reference to the State Water Resources Control Board, as referee, of any and all issues involved in a suit brought in any court of competent jurisdiction in this state for determination of rights to water. -This bill would authorize the state to intervene in a comprehensive adjudication conducted as specified in AB 1390 of the 2015–16 Regular Session. -Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. The act authorizes a local agency to request that the department revise the boundaries of a basin. -This bill, in an adjudication action to determine rights to groundwater in a basin that is required to have a groundwater sustainability plan under the act, would require the court to manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by the act. The bill would authorize an entity that is directed by the court in an adjudication action to file the request that the department revise the boundaries of a basin. -The act authorizes the state board to designate certain high- and medium-priority basins as a probationary basin if prescribed criteria are met. The act authorizes the state board to develop an interim plan for a probationary basin if the state board, in consultation with the department, determines that a local agency has not remedied a deficiency that resulted in designating the basin as a probationary basin within a certain timeframe. The act also requires the department, at least every 5 years after initial submission, to review any available groundwater sustainability plan or alternative and the implementation of the corresponding groundwater sustainability program for consistency with the act, including achieving the sustainability goal. The act requires the department to issue an assessment for each basin for which a plan or alternative has been submitted that may include recommended corrective actions to address any deficiencies identified by the department. -The bill would prohibit the provisions relating to probationary basins and interim plans from applying to a judgment approved by the court if the judgment is submitted to the department for evaluation and assessment and the department determines that the judgment satisfies the objectives of the act for the basin. The bill would require the department to submit to the court assessments and any recommended corrective actions for these judgments and would require the court, after notice and, if necessary, an evidentiary hearing, to determine whether to amend the judgment to adopt the department’s recommended corrective actions. This bill would prohibit a court from approving entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under the act unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with the act and to achieve sustainable groundwater management.","An act to add Section 837.5 to the Code of Civil Procedure, and to amend Sections 10720.1, 10720.5, and 10722.2 of, and to add Chapter 12 (commencing with Section 10737) to Part 2.74 of Division 6 of, the Water Code, relating to groundwater." -55,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 75212 of the Public Resources Code is amended to read: -75212. -Projects eligible for funding pursuant to the program include any of the following: -(a) Intermodal, affordable housing projects that support infill and compact development. -(b) Transit capital projects and programs supporting transit ridership, including water-borne transit. -(c) Active transportation capital projects that qualify under the Active Transportation Program, including pedestrian and bicycle facilities and supportive infrastructure, including connectivity to transit stations. -(d) Noninfrastructure-related active transportation projects that qualify under the Active Transportation Program, including activities that encourage active transportation goals conducted in conjunction with infrastructure improvement projects. -(e) Transit-oriented development projects, including affordable housing and infrastructure at or near transit stations or connecting those developments to transit stations. -(f) Capital projects that implement local complete streets programs. -(g) Other projects or programs designed to reduce greenhouse gas emissions and other criteria air pollutants by reducing automobile trips and vehicle miles traveled within a community. -(h) Acquisition of easements or other approaches or tools that protect agricultural lands that are under pressure of being converted to nonagricultural uses, particularly those adjacent to areas most at risk of urban or suburban sprawl or those of special environmental significance. -(i) Planning to support implementation of a sustainable communities strategy, including implementation of local plans supporting greenhouse gas emissions reduction efforts and promoting infill and compact development. -SEC. 2. -Section 75230 of the Public Resources Code is amended to read: -75230. -(a) The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. -(b) Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund established pursuant to Section 16428.8 of the Government Code. -(c) Funding shall be allocated by the Controller consistent with the requirements of this part and with Section 39719 of the Health and Safety Code, upon a determination by the Department of Transportation that the expenditures proposed by a transit agency meet the requirements of this part and guidelines developed pursuant to subdivision (f), and the amount of funding requested that is currently available. -(d) Moneys for the program shall be expended to provide transit operating or capital assistance that meets all of the following criteria: -(1) Expenditures supporting new or expanded bus or rail services, new or expanded water-borne transit, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities. -(2) The recipient transit agency demonstrates that each expenditure directly enhances or expands transit service to increase mode share. -(3) The recipient transit agency demonstrates that each expenditure reduces greenhouse gas emissions. -(e) For transit agencies whose service areas include disadvantaged communities as identified pursuant to Section 39711 of the Health and Safety Code, at least 50 percent of the total moneys received pursuant to this chapter shall be expended on projects or services that meet requirements of subdivision (d) and benefit the disadvantaged communities, consistent with the guidance developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code. -(f) The Department of Transportation, in coordination with the State Air Resources Board, shall develop guidelines that describe the methodologies that recipient transit agencies shall use to demonstrate that proposed expenditures will meet the criteria in subdivisions (d) and (e) and establish the reporting requirements for documenting ongoing compliance with those criteria. -(g) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development of guidelines for the program pursuant to this section. -(h) A transit agency shall submit the following information to the Department of Transportation before seeking a disbursement of funds pursuant to this part: -(1) A list of proposed expense types for anticipated funding levels. -(2) The documentation required by the guidelines developed pursuant to subdivision (f) to demonstrate compliance with subdivisions (d) and (e). -(i) Before authorizing the disbursement of funds, the department, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense types, based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to subdivision (f). -(j) The department shall notify the Controller of approved expenditures for each transit agency, and the amount of the allocation for each transit agency determined to be available at that time of approval. -(k) The recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for use of fund proceeds developed by the State Air Resources Board. -(l) The Department of Transportation and recipient transit agencies shall comply with the guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code to ensure that the requirements of Section 39713 of the Health and Safety Code are met to maximize the benefits to disadvantaged communities as described in Section 39711 of the Health and Safety Code.","Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, to be deposited in the Greenhouse Gas Reduction Fund. -Existing law continuously appropriates specified portions of the annual proceeds in the Greenhouse Gas Reduction Fund to various programs including 5% for the Low Carbon Transit Operations Program and 20% for the Affordable Housing and Sustainable Communities Program. -This bill would include water-borne transit as an eligible project that may be funded under these 2 programs. Because the bill would expand the allowable purposes for which the continuously appropriated funds allocated to the program may be expended, it would thereby make an appropriation.","An act to amend Sections 75212 and 75230 of the Public Resources Code, relating to transportation, and making an appropriation therefor." -56,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 41326 of the Education Code is amended to read: -41326. -(a) Notwithstanding any other provision of this code, the acceptance by a school district of an apportionment made pursuant to Section 41320 that exceeds an amount equal to 200 percent of the amount of the reserve recommended for that school district under the standards and criteria adopted pursuant to Section 33127 constitutes the agreement by the school district to the conditions set forth in this article. Before applying for an emergency apportionment in the amount identified in this subdivision, the governing board of a school district shall discuss the need for that apportionment at a regular or special meeting of the governing board of the school district and, at that meeting, shall receive testimony regarding the apportionment from parents, exclusive representatives of employees of the school district, and other members of the community. For purposes of this article, “qualifying school district” means a school district that accepts a loan as described in this subdivision. -(b) The Superintendent shall assume all the legal rights, duties, and powers of the governing board of a qualifying school district. The Superintendent, in consultation with the county superintendent of schools, shall appoint an administrator to act on his or her behalf in exercising the authority described in this subdivision in accordance with all of the following: -(1) The administrator shall serve under the direction and supervision of the Superintendent until terminated by the Superintendent at his or her discretion. The Superintendent shall consult with the county superintendent of schools before terminating the administrator. -(2) The administrator shall have recognized expertise in management and finance. -(3) To facilitate the appointment of the administrator and the employment of necessary staff, for purposes of this section, the Superintendent is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. -(4) Notwithstanding any other law, the Superintendent may appoint an employee of the state or the office of the county superintendent of schools to act as administrator for up to the duration of the administratorship. During the tenure of his or her appointment, the administrator, if he or she is an employee of the state or the office of the county superintendent of schools, is an employee of the qualifying school district, but shall remain in the same retirement system under the same plan that has been provided by his or her employment with the state or the office of the county superintendent of schools. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the state or the office of the county superintendent of schools. The time served in the appointment shall be counted for all purposes as if the administrator had served that time in his or her former position with the state or the office of the county superintendent of schools. -(5) Except for an individual appointed as an administrator by the Superintendent pursuant to paragraph (4), the administrator shall be a member of the State Teachers’ Retirement System, if qualified, for the period of service as administrator, unless he or she elects in writing not to become a member. A person who is a member or retirant of the State Teachers’ Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the administrator chooses to become a member or is already a member, the administrator shall be placed on the payroll of the qualifying school district for purposes of providing appropriate contributions to the system. The Superintendent may also require the administrator to be placed on the payroll of the qualifying school district for purposes of remuneration, other benefits, and payroll deductions. -(6) For purposes of workers’ compensation benefits, the administrator is an employee of the qualifying school district, except that an administrator appointed pursuant to paragraph (4) may be deemed an employee of the state or office of the county superintendent of schools, as applicable. -(7) The qualifying school district shall add the administrator as a covered employee of the qualifying school district for all purposes of errors and omissions liability insurance policies. -(8) The salary and benefits of the administrator shall be established by the Superintendent and paid by the qualifying school district. -(9) The Superintendent or the administrator may employ, on a short-term basis and at the expense of the qualifying school district, any staff necessary to assist the administrator, including, but not limited to, a certified public accountant. -(10) The administrator may do all of the following: -(A) Implement substantial changes in the fiscal policies and practices of the qualifying school district, including, if necessary, the filing of a petition under Chapter 9 (commencing with Section 901) of Title 11 of the United States Code for the adjustment of indebtedness. -(B) Revise the educational program of the qualifying school district to reflect realistic income projections and pupil performance relative to state standards. -(C) Encourage all members of the school community to accept a fair share of the burden of the fiscal recovery of the qualifying school district. -(D) Consult, for the purposes described in this subdivision, with the governing board of the qualifying school district, the exclusive representatives of the employees of the qualifying school district, parents, and the community. -(E) Consult with, and seek recommendations from, the Superintendent, the county superintendent of schools, and the County Office Fiscal Crisis and Management Assistance Team authorized pursuant to subdivision (c) of Section 42127.8 for purposes described in this article. -(F) With the approval of the Superintendent, enter into agreements on behalf of the qualifying school district and, subject to any contractual obligation of the qualifying school district, change existing school district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plans referred to in Sections 41327 and 41327.1. -(G) Request the advice and assistance of the California Collaborative for Educational Excellence pursuant to paragraph (1) of subdivision (f) of Section 52074. -(c) (1) Except as provided for in paragraph (2), the period of time during which the Superintendent exercises the authority described in subdivision (b), the governing board of the qualifying school district shall serve as an advisory body reporting to the state-appointed administrator, and has no rights, duties, or powers, and is not entitled to any stipend, benefits, or other compensation from the qualifying school district. -(2) (A) After one complete fiscal year has elapsed following the qualifying school district’s acceptance of an emergency apportionment, the governing board of the qualifying school district may conduct an annual advisory evaluation of an administrator for the duration of the administratorship. -(B) An advisory evaluation of an administrator shall focus on the administrator’s effectiveness in leading the qualifying school district toward fiscal recovery and improved academic achievement. Advisory evaluation criteria shall be agreed upon by the governing board of the qualifying school district and the administrator before the advisory evaluation. The advisory evaluation shall include, but not be limited to, all of the following: -(i) Goals and standards consistent with Section 41327.1. -(ii) Commendations in the areas of the administrator’s strengths and achievements. -(iii) Recommendations for improving the administrator’s effectiveness in areas of concern and unsatisfactory performance. -(C) An advisory evaluation of an administrator conducted by the governing board of a qualifying school district shall be submitted to the Governor, the Legislature, the Superintendent, and the County Office Fiscal Crisis and Management Assistance Team. -(3) Upon the appointment of an administrator pursuant to this section, the district superintendent is no longer an employee of the qualifying school district. -(4) A determination of the severance compensation for the district superintendent shall be made pursuant to subdivision (j). -(d) Notwithstanding Section 35031 or any other law, the administrator, after according the affected employee reasonable notice and the opportunity for a hearing, may terminate the employment of a deputy, associate, assistant superintendent, or other school district level administrator who is employed by a qualifying school district under a contract of employment signed or renewed after January 1, 1992, if the employee fails to document, to the satisfaction of the administrator, that before the date of the acceptance of the emergency apportionment he or she either advised the governing board of the qualifying school district, or his or her superior, that actions contemplated or taken by the governing board of the qualifying school district could result in the fiscal insolvency of the qualifying school district, or took other appropriate action to avert that fiscal insolvency. -(e) The authority of the Superintendent, and the administrator, under this section shall continue until all of the following occur: -(1) (A) After one complete fiscal year has elapsed following the qualifying school district’s acceptance of an emergency apportionment as described in subdivision (a), the administrator determines, and so notifies the Superintendent and the county superintendent of schools, that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable. -(B) The Superintendent may return power to the governing board of the qualifying school district for an area listed in subdivision (a) of Section 41327.1 if performance under the recovery plan for that area has been demonstrated to the satisfaction of the Superintendent. -(2) The Superintendent has approved all of the recovery plans referred to in subdivision (a) of Section 41327 and the County Office Fiscal Crisis and Management Assistance Team completes the improvement plans specified in Section 41327.1 and has completed a minimum of two reports identifying the qualifying school district’s progress in implementing the improvement plans. -(3) The administrator certifies that all necessary collective bargaining agreements have been negotiated and ratified, and that the agreements are consistent with the terms of the recovery plans. -(4) The qualifying school district has completed all reports required by the Superintendent and the administrator. -(5) The Superintendent determines that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable. -(f) When the conditions stated in subdivision (e) have been met, and at least 60 days after the Superintendent has notified the Legislature, the Department of Finance, the Controller, and the county superintendent of schools that he or she expects the conditions prescribed pursuant to this section to be met, the governing board of the qualifying school district shall regain all of its legal rights, duties, and powers, except for the powers held by the trustee provided for pursuant to Article 2 (commencing with Section 41320). The Superintendent shall appoint a trustee under Section 41320.1 to monitor and review the operations of the qualifying school district until the conditions of subdivision (b) of that section have been met. -(g) Notwithstanding subdivision (f), if the qualifying school district violates a provision of the recovery plans approved by the Superintendent pursuant to this article within five years after the trustee appointed pursuant to Section 41320.1 is removed or after the emergency apportionment is repaid, whichever occurs later, or the improvement plans specified in Section 41327.1 during the period of the trustee’s appointment, the Superintendent may reassume, either directly or through an administrator appointed in accordance with this section, all of the legal rights, duties, and powers of the governing board of the qualifying school district. The Superintendent shall return to the governing board of the qualifying school district all of its legal rights, duties, and powers reassumed under this subdivision when he or she determines that future compliance with the approved recovery plans is probable, or after a period of one year, whichever occurs later. -(h) Article 2 (commencing with Section 41320) shall apply except as otherwise specified in this article. -(i) It is the intent of the Legislature that the legislative budget subcommittees annually conduct a review of each qualifying school district that includes an evaluation of the financial condition of the qualifying school district, the impact of the recovery plans upon the qualifying school district’s educational program, and the efforts made by the state-appointed administrator to obtain input from the community and the governing board of the qualifying school district. -(j) (1) The district superintendent is entitled to a due process hearing for purposes of determining final compensation. The final compensation of the district superintendent shall be between zero and six times his or her monthly salary. The outcome of the due process hearing shall be reported to the Superintendent and the public. The information provided to the public shall explain the rationale for the compensation. -(2) This subdivision applies only to a contract for employment negotiated on or after June 21, 2004. -(k) (1) When the Superintendent assumes control over a qualifying school district pursuant to subdivision (b), he or she shall, in consultation with the County Office Fiscal Crisis and Management Assistance Team, review the fiscal oversight of the qualifying school district by the county superintendent of schools. The Superintendent may consult with other fiscal experts, including other county superintendents of schools and regional fiscal teams, in conducting this review. -(2) Within three months of assuming control over a qualifying school district, the Superintendent shall report his or her findings to the Legislature and shall provide a copy of that report to the Department of Finance. This report shall include findings as to fiscal oversight actions that were or were not taken and may include recommendations as to an appropriate legislative response to improve fiscal oversight. -(3) If, after performing the duties described in paragraphs (1) and (2), the Superintendent determines that the county superintendent of schools failed to carry out his or her responsibilities for fiscal oversight as required by this code, the Superintendent may exercise the authority of the county superintendent of schools who has oversight responsibilities for a qualifying school district. If the Superintendent finds, based on the report required in paragraph (2), that the county superintendent of schools failed to appropriately take into account particular types of indicators of financial distress, or failed to take appropriate remedial actions in the qualifying school district, the Superintendent shall further investigate whether the county superintendent of schools failed to take into account those indicators, or similarly failed to take appropriate actions in other school districts with negative or qualified certifications, and shall provide an additional report on the fiscal oversight practices of the county superintendent of schools to the appropriate policy and fiscal committees of each house of the Legislature and the Department of Finance.","Existing law authorizes the governing board of a school district to request an emergency apportionment through the Superintendent of Public Instruction if the governing board of a school district determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations. Existing law provides that if a school district accepts an emergency apportionment that exceeds an amount equal to 200% of the amount of the reserve recommended for that school district, as specified, the Superintendent must, among other things, assume all the legal rights, duties, and powers of the governing board of the qualifying school district, as defined, and, in consultation with the county superintendent of schools, appoint an administrator to act on the Superintendent’s behalf. Existing law authorizes the administrator to take certain actions, including, among others, revising the educational program of the qualifying school district to reflect realistic income projections and pupil performance relative to state standards. -Existing law, on or before July 1, 2014, requires the governing board of each school district and each county board of education to adopt a local control and accountability plan and requires the governing board of each school district and each county board of education to update its local control and accountability plan on or before July 1 of each year. Existing law requires the local control and accountability plan to include certain elements and requires the charter petition for a charter school to include some of those same elements. -Existing law establishes the California Collaborative for Educational Excellence for purposes of advising and assisting school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan. Existing law authorizes the Superintendent to direct the collaborative to advise and assist a school district, county superintendent of schools, or charter school in specified circumstances, including upon their request. -This bill would also authorize the state-appointed administrator of a school district to request the advice and assistance of the collaborative.","An act to amend Section 41326 of the Education Code, relating to school accountability." -57,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6604 of the Fish and Game Code is amended to read: -6604. -(a) A proposed project to partially remove an offshore oil structure pursuant to this chapter is a project as defined in subdivision (c) of Section 21065 of the Public Resources Code and is therefore subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be reviewed pursuant to the time limits established in Section 21100.2 of the Public Resources Code. -(b) The commission shall serve as the lead agency for the environmental review of any project proposed pursuant to this chapter. -SEC. 2. -Section 6612 of the Fish and Game Code is amended to read: -6612. -(a) Upon receipt of an application to partially remove an offshore oil structure pursuant to this chapter, the department shall determine whether the application is complete and includes all information needed by the department. -(b) (1) Upon a determination that the application is complete, the applicant shall provide surety bonds executed by an admitted surety insurer, irrevocable letters of credit, trust funds, or other forms of financial assurances, determined by the department to be available and adequate, to ensure that the applicant will provide sufficient funds to the department, council, commission, and conservancy to carry out all required activities pursuant to this article, including all of the following: -(A) Environmental review of the proposed project pursuant to Section 6604. -(B) A determination of net environmental benefit pursuant to Section 6613. -(C) A determination of cost savings pursuant to Section 6614. -(D) Preparation of a management plan for the structure pursuant to Section 6615. -(E) Implementation of the management plan and ongoing maintenance of the structure after the department takes title pursuant to Section 6620. -(F) Development of an advisory spending plan pursuant to Section 6621. -(G) Other activities undertaken to meet the requirements of this article, including the costs of reviewing applications for completeness, and reviewing, approving, and permitting the proposed project, which includes the costs of determining whether the project meets the requirements of all applicable laws and regulations and the costs of environmental assessment and review. -(2) The department shall consult with the council, commission, and conservancy in determining appropriate funding for activities to be carried out by those agencies. -(3) The funds provided pursuant to paragraph (1) shall not be considered in the calculation of cost savings pursuant to Section 6614 or the apportionment of cost savings pursuant to Section 6618. -(c) The first person to file an application on and after January 1, 2011, to partially remove an offshore oil structure pursuant to this chapter, shall pay, in addition to all costs identified under subdivision (b), the startup costs incurred by the department or the commission to implement this chapter, including the costs to develop and adopt regulations pursuant to this chapter. Before the first application is filed, a prospective applicant may elect to pay, and the department may accept payment of, a portion of the startup costs, in an amount determined by the department to be necessary for staff and other costs in anticipation of receipt of the first application. The payment of startup costs shall be reimbursed by the department as provided in paragraph (3) of subdivision (e) of Section 6618. -(d) As soon as feasible after the applicant provides financial assurances pursuant to subdivision (b), the lead agency shall begin the environmental review of the proposed project as required pursuant to Section 6604. -(e) The applicant may withdraw the application at any time before final approval. Upon notification that the applicant has withdrawn the application, the department shall return to the applicant any funds provided by the applicant under subdivisions (b) and (c) that have not been expended as of the date of receipt of notification of withdrawal. -SEC. 3. -Section 6613 of the Fish and Game Code is amended to read: -6613. -(a) The council shall determine whether the partial removal of an offshore oil structure pursuant to this chapter provides a net benefit to the marine environment compared to the full removal of the structure. -(b) As a necessary prerequisite to determining net environmental benefit as required in subdivision (a), the council shall, upon receipt of its initial application from the department pursuant to Section 6610, establish appropriate criteria, based on -the best available -credible -science, for evaluating the net environmental benefit of full removal and partial removal of offshore oil structures. -(1) The criteria shall include, but are not limited to, the depth of the partially removed structure in relation to its value as habitat and the location of the structure, including its proximity to other reefs, both natural and artificial. -(2) The criteria shall not include any consideration of the funds to be generated by the partial removal of the structure. -(3) In determining the criteria, the council shall consult with appropriate entities, including, but not limited to, the department, the commission, the State Air Resources Board, the California Coastal Commission, and the California Ocean Science Trust. -(4) The council shall establish the criteria in time to use them in making its initial determination of net environmental benefit pursuant to this section. -(c) Upon certification of environmental documents pursuant to the California Environmental Quality Act, the council shall, based on the criteria developed pursuant to subdivision (b) and other relevant information, determine whether partial removal of the structure would provide a net benefit to the marine environment compared to full removal of the structure. In making the determination, the council shall, at a minimum, take into account the following: -(1) The contribution of the proposed structure to protection and productivity of fish and other marine life. -(2) Any adverse impacts to biological resources or water quality, air quality or greenhouse gas emissions, or any other marine environmental impacts, from the full removal of the facility that would be avoided by partial removal as proposed in the application. -(3) Any adverse impacts to biological resources or water quality, air quality or greenhouse gas emissions, or any other marine environmental impacts, from partial removal of the structure as proposed in the application. -(4) Any benefits to the marine environment that would result from the full removal of the structure or from partial removal as proposed in the application. -(5) Any identified management requirements and restrictions of the partially removed structure, including, but not limited to, restrictions on fishing or other activities at the site. -(d) In making the determination pursuant to subdivision (c), the council shall determine the appropriate weight, based on -the best available -credible -science, to be assigned to adverse impacts to air quality or greenhouse gas emissions as compared to adverse impacts to biological resources or water quality. -(e) Benefits resulting from the contribution of cost savings to the endowment shall not be considered in the determination of net environmental benefit. -(f) The council may contract or enter into a memorandum of understanding with any other appropriate governmental or nongovernmental entity to assist in its determination of net environmental benefit. -(g) The determination made pursuant to this section and submitted to the department by the council shall constitute the final determination and shall not be revised except by the council. -(h) The council shall take all feasible steps to complete its determination in a timely manner that accommodates the department’s schedule for consideration of the application. -SEC. 4. -Section 6614 of the Fish and Game Code is amended to read: -6614. -(a) Upon certification of the appropriate environmental documents, the commission shall determine, or cause to be determined, the cost savings that will result from the partial removal of an offshore oil structure as proposed in the application compared to full removal of the structure. -(b) The commission shall ensure that any cost savings are accurately and reasonably calculated. The commission may contract or enter into a memorandum of understanding with any other appropriate governmental agency or other party, including an independent expert, to ensure that cost savings are accurately and reasonably calculated. -(c) The commission shall consider any estimates of cost savings made by any governmental agency, including, but not limited to, the Internal Revenue Service, the Franchise Tax Board, and the United States Department of the Interior. The commission shall include in its determination a written explanation, which shall be available to the public, of the differences, and the reasons for the differences, between the commission’s determination of cost savings and any other estimates of cost savings the commission considered. -(d) The applicant shall provide all necessary documentation, as determined by the commission, to allow the commission to calculate the amount of cost savings. Failure to provide information requested by the commission in a timely manner may result in rejection of the application. -(e) The determination made pursuant to this section and submitted to the department by the commission shall constitute the final determination and shall not be revised except by the commission. -(f) The commission shall take all feasible steps to complete its determination in a timely manner that accommodates the department’s schedule for consideration of the application. -SEC. 5. -Section 6615 of the Fish and Game Code is amended to read: -6615. -Prior to granting conditional approval of an application for partial removal of an offshore oil structure, the department shall do all of the following: -(a) Prepare a plan to manage the offshore oil structure after its partial removal. The plan shall include measures to manage fishery and marine life resources at and around the structure in a manner that will ensure that the net benefits to the marine environment identified pursuant to Section 6613 are maintained or enhanced. Consistent with state and federal law, management measures may include a buffer zone in which fishing or removal of marine life is restricted or prohibited. -(b) Provide an opportunity for public comment on the application and environmental document pursuant to the California Environmental Quality Act. -(c) Hold public hearings for comment on the application and environmental document pursuant to the California Environmental Quality Act in the county nearest to the location of the offshore oil structure that is the subject of the application. -SEC. 6. -Section 6616 of the Fish and Game Code is amended to read: -6616. -The department may grant conditional approval of an application for partial removal of an offshore oil structure only if all of the following criteria are satisfied: -(a) The partial removal of the offshore oil structure and the planning, development, maintenance, and operation of the structure would be consistent with all applicable state, federal, and international laws, including, but not limited to, all of the following: -(1) The federal Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. Sec. 1801 et seq.). -(2) The federal National Fishing Enhancement Act of 1984 (33 U.S.C. Sec. 2101 et seq.). -(3) The federal Coastal Zone Management Act (16 U.S.C. Sec. 1451 et seq.). -(4) The California Coastal Management Program. -(5) The Marine Life Management Act (Part 1.7 (commencing with Section 7050)). -(6) The Marine Life Protection Act (Chapter 10.5 (commencing with Section 2850) of Division 3). -(7) State and federal water quality laws. -(8) Navigational safety laws. -(b) The partial removal of the offshore oil structure provides a net benefit to the marine environment compared to full removal of the structure, as determined pursuant to Section 6613. -(c) The cost savings that would result from the conversion of the offshore oil platform or production facility have been determined pursuant to Section 6614. -(d) The applicant has provided sufficient funds consistent with subdivision (b) of Section 6612. -(e) The department and the applicant have entered into a contractual agreement whereby the applicant will provide sufficient funds for overall management of the structure by the department, including, but not limited to, ongoing management, operations, maintenance, monitoring, and enforcement as these relate to the structure. -(f) The department has entered into an indemnification agreement with the applicant that indemnifies the state and the department, to the extent permitted by law, against any and all liability that may result, including, but not limited to, active negligence, and including defending the state and the department against any claims against the state for any actions the state undertakes pursuant to this article. The agreement may be in the form of an insurance policy, cash settlement, or other mechanism as determined by the department. In adopting indemnification requirements for the agreement, the department shall ensure that the state can defend itself against any liability claims against the state for any actions the state undertakes pursuant to this article and pay any resulting judgments. The department shall consult with and, as necessary, use the resources of the office of the Attorney General in preparing and entering into the indemnification agreement. -(g) The applicant has applied for and received all required permits, leases, and approvals issued by any governmental agency, including, but not limited to, a lease issued by the commission if the proposed project involves state tidelands and submerged lands. For structures located in federal waters, all of the following requirements shall be met: -(1) The department and the owner or operator of the structure reach an agreement providing for the department to take title to the platform or facility as provided in Section 6620. -(2) The department acquires the permit issued by the United States Army Corps of Engineers. -(3) The partial removal of the structure is approved by the Bureau of Safety and Environmental Enforcement of the United States Department of the Interior. -SEC. 7. -Section 6618 of the Fish and Game Code is amended to read: -6618. -(a) The cost savings from the partial removal of an offshore oil structure, as determined pursuant to Section 6614, shall be apportioned and transmitted as described in this section. -(b) Except as provided in subdivision (c), upon receipt of conditional approval pursuant to Section 6617, the applicant shall apportion and directly transmit a portion of the total amount of the cost savings to the department as follows: -(1) Fifty-five percent, if transmitted by the applicant to the department before January 1, 2017. -(2) Sixty-five percent, if transmitted by the applicant to the department on or after January 1, 2017, and before January 1, 2023. -(3) Eighty percent, if transmitted by the applicant to the department on or after January 1, 2023. -(c) Upon receipt of conditional approval pursuant to Section 6617, the applicant -who elects to pay a portion of the startup costs pursuant to subdivision (c) of Section 6612 before the first application is filed and -who files the first application to partially remove an offshore oil structure shall apportion and directly transmit a portion of the total amount of the cost savings resulting from the first application to the department as follows: -(1) Fifty-five percent, if the application was submitted before January 1, 2017. -(2) Sixty-five percent, if the application was submitted on or after January 1, 2017, and before January 1, 2023. -(3) Eighty percent, if the application was submitted on or after January 1, 2023. -(d) If the department’s final approval pursuant to Section 6619 or any other federal, state, or local permit or approval required for the partial removal of the offshore oil structure is permanently enjoined, vacated, invalidated, rejected, or rescinded by a court or governmental agency as the result of litigation challenging the permit or approval, and the applicant is required to carry out full removal of the structure, the department shall promptly return the cost savings to the applicant. -(e) Upon final, nonappealable judicial decisions upholding the department’s final approval pursuant to Section 6619 and all permits and approvals required for the partial removal of the offshore oil structure or the running of the statutes of limitations applicable to all the permits and approvals, whichever is later, the department shall directly transmit the following amounts from the total amount of the cost savings transmitted pursuant to subdivision (b) or (c) to the following entities: -(1) Eighty-five percent shall be deposited into the California Endowment for Marine Preservation established pursuant to Division 37 (commencing with Section 71500) of the Public Resources Code. -(2) Ten percent shall be deposited into the General Fund. -(3) Two percent shall be deposited into the Fish and Game Preservation Fund for expenditure, upon appropriation by the Legislature, by the department to pay any costs imposed by this chapter that are not otherwise provided for pursuant to subdivision (b) of Section 6612 and subdivision (e) of Section 6616. Any moneys remaining in the Fish and Game Preservation Fund, after providing for these costs, shall be used, upon appropriation by the Legislature, first to reimburse the payment of the startup costs described in subdivision (c) of Section 6612, and thereafter to conserve, protect, restore, and enhance the coastal and marine resources of the state consistent with the mission of the department. -(4) Two percent shall be deposited into the Coastal Act Services Fund, established pursuant to Section 30620.1 of the Public Resources Code, and shall be allocated to support state agency work involving research, planning, and regulatory review associated with the application and enforcement of coastal management policies in state and federal waters pursuant to state and federal quasi-judicial authority over offshore oil and gas development. -(5) One percent shall be deposited with the board of supervisors of the county immediately adjacent to the location of the facility prior to its decommissioning. The amount paid to the county shall be managed pursuant to paragraph (1) of subdivision (d) of Section 6817 of the Public Resources Code.","(1) The California Marine Resources Legacy Act establishes a program, administered by the Department of Fish and Wildlife, to allow partial removal of offshore oil structures. The act authorizes the department to approve the partial removal of offshore oil structures, if specified criteria are satisfied. The act requires the first person to file an application to partially remove an offshore oil structure to pay, in addition to other specified costs, the startup costs incurred by the department or the State Lands Commission to implement the act, including the costs to develop and adopt regulations, and requires the payment of startup costs to be reimbursed by the department, as specified. The act requires an applicant, upon conditional approval for removal, to apportion a percentage of the cost-savings funds in accordance with a prescribed schedule to specified entities and funds. The act defines “cost savings” to mean the difference between the estimated cost to the applicant of complete removal of an oil platform, as required by state and federal leases, and the estimated costs to the applicant of partial removal of the oil platform pursuant to the act. -Before the first application to partially remove an offshore oil structure is filed, this bill would authorize a prospective applicant to pay a portion of the startup costs in an amount determined by the department to be necessary for staff and other costs in anticipation of receipt of the first application. The bill would require an applicant, upon conditional approval for partial removal of an offshore oil structure, to apportion and transmit a portion of the cost savings to the department, instead of to the specified entities and funds. The bill would require the department to apportion those cost-savings funds received from the applicant in accordance with the prescribed schedule to the specified entities if certain criteria are satisfied. The bill would require the department to apportion the cost-savings funds received from -the applicant who elects to pay a portion of the startup costs before the first application is filed and who files -the first application in accordance with the prescribed schedule based on when the application was submitted rather than when the cost savings are transmitted. The bill would authorize the applicant to withdraw the application at any time before final approval and would require the department to return specified funds, including startup costs, submitted to process the application that have not been expended as of the date of receipt of the notification of withdrawal. The bill would require the department to promptly return the cost savings to the applicant if the partial removal of the offshore oil structure is not permitted by a court or governmental agency and the applicant is required to carry out full removal of the structure. -(2) Existing law requires the Natural Resources Agency to serve as the lead agency for the environmental review under the California Environmental Quality Act (CEQA) of a proposed project to partially remove an offshore oil structure pursuant to the California Marine Resources Legacy Act. Upon certification of environmental documents pursuant to CEQA, the California Marine Resources Legacy Act requires the State Lands Commission to determine the cost savings of partial removal compared to full removal of the structure and requires the Ocean Protection Council to determine whether partial removal provides a net environmental benefit to the marine environment compared to the full removal of the structure. -This bill would instead require the commission to serve as the lead agency for the environmental review under CEQA. -The bill would require the council, in determining whether partial removal of the structure would provide a net benefit to the marine environment compared to full removal of the structure, to take certain adverse impacts to air quality and greenhouse gas emissions into account and to consult with the State Air Resources Board, among other entities. In making that determination, the bill would require the council to determine the appropriate weight to be assigned to adverse impacts to air quality and greenhouse gas emissions as compared to adverse impacts to biological resources and water quality.","An act to amend Sections 6604, 6612, 6613, 6614, 6615, 6616, and 6618 of the Fish and Game Code, relating to ocean resources." -58,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 30652 of the Food and Agricultural Code is amended to read: -30652. -All fees for the issuance of dog license tags and all fines collected pursuant to this division shall be paid into the county, city, or city and county treasury, as the case may be, and shall be used: -(a) First, to pay fees for the issuance of dog license tags. -(b) Second, to pay fees, salaries, costs, expenses, or any or all of them for the enforcement of this division and all ordinances which are made pursuant to this division. -(c) Third, to pay damages to owners of livestock which are killed by dogs. -(d) Fourth, to pay costs of any hospitalization or emergency care of animals pursuant to Section 597f of the Penal Code. -(e) Fifth, to pay for initial and in-service training for persons charged with enforcing animal control laws, including animal control officers. -SEC. 2. -Section 830.9 of the Penal Code is amended to read: -830.9. -(a) -Animal control officers are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the power to serve warrants as specified in Sections 1523 and 1530 during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers pursuant to Section 832. -That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms. -For -(b) (1) Every person appointed as an animal control officer prior to July 1, 2016, shall complete a course in the exercise of the powers of arrest and to serve warrants pursuant to Section 832 no later than July 1, 2017. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms. -(2) An animal control officer who completed a course in the exercise of the powers of arrest and to serve warrants pursuant to Section 832 prior to January 1, 2016, shall be deemed to have satisfied the training requirements described in paragraph (1). -(c) Every person appointed as an animal control officer on or after July 1, 2016, shall complete a course in the exercise of the powers of arrest and to serve warrants pursuant to Section 832 within one year of his or her appointment. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms. -(d) Every animal control officer described in this section, prior to the exercise of the powers of arrest and to serve warrants, shall have satisfactorily completed the course of training described in Section 832. -(e) Every person appointed as a director, manager, or supervisor, or any person in direct control of an animal control agency, on or after July 1, 2016, shall complete a course in the exercise of the powers of arrest and to serve warrants pursuant to Section 832 within one year of his or her appointment. -(f) (1) During each three-year period following the date described in paragraph (2), every animal control officer shall satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer, which education and training shall be sponsored or provided by an accredited postsecondary institution, the Commission on Peace Officer Standards and Training, a law enforcement agency, the National Animal Care and Control Association, the California Animal Control Directors Association, the California Veterinary Medical Association, or the State Humane Association of California. -(2) Every animal control officer appointed prior to July 1, 2016, shall comply with the requirements of paragraph (1) no later than July 1, 2019, and every three years thereafter. Every animal control officer appointed on or after July 1, 2016, shall comply with the requirements of paragraph (1) within three years of the date of his or her appointment, and every three years thereafter. -(3) The minimum hours and required topics of continuing education and training may be determined by the California Animal Control Directors Association. Continuing education and training shall include at least four hours of course work in the exercise of the powers of arrest and to serve warrants taught by a Commission on Peace Officer Standards and Training certified instructor. This section does not restrict the ability of an agency employing an animal control officer from providing the training required by this subdivision utilizing instructors or curriculum from within the agency or from an allied agency, provided the topic and length of instruction otherwise comply with this subdivision. -(4) Records of training shall be maintained by the animal control officer’s employing agency. -(5) The failure to satisfactorily complete the continuing education and training requirements under this subdivision within 90 days after the expiration of each three-year period shall result in the immediate suspension of the authority granted under subdivision (a). -(g) Nothing in this section shall be construed to supersede any existing training requirements, including, but not limited to, the training requirements set forth in subdivision (g) of Section 22295. -(h) This section does not apply to an animal control officer who is a peace officer pursuant to Section 830.1. -(i) For -the purposes of this section, “firearms” includes capture guns, blowguns, carbon dioxide operated rifles and pistols, air guns, handguns, rifles, and shotguns. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice. Existing law requires the commission to carry out various duties related to the education and training of peace officers, as defined. -Existing law provides that animal control officers are not peace officers but may exercise the powers of arrest of a peace officer and the power to serve warrants, as specified, during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers. -This bill would require every person appointed as an animal control officer prior to July 1, 2016, to complete a course in the exercise of the powers of arrest and to serve warrants no later than July 1, 2017. This bill would require every person appointed as an animal control officer, and every person appointed as a director, manager, or supervisor, or any person in direct control of an animal control agency, on or after July 1, 2016, to complete a course in the exercise of the powers of arrest and to serve warrants within one year of his or her appointment, as specified. This bill would require every animal control officer, prior to the exercise of the powers of arrest and to serve warrants, to have satisfactorily completed the required course of training. -This bill would also require every animal control officer appointed prior to July 1, 2016, to satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer, no later than July 1, 2019, and every 3 years thereafter, as specified. The bill would require every animal control officer appointed on or after July 1, 2016, to comply with those requirements within 3 years of the date of his or her appointment, and every 3 years thereafter. -The bill would specify that the above training and continuing training requirements do not apply to an animal control officer who is a peace officer. -By imposing new training requirements on local employees, this bill would impose a state-mandated local program. -(2) Existing law provides for the regulation and licensing of dogs, including the issuance of dog license tags. Existing law requires that fees for the issuance of dog license tags and fines collected for a violation of the provisions regulating and licensing dogs be paid into the county, city, or city and county treasury and that they be used for specified purposes, including to pay costs and expenses for the enforcement of those provisions. -This bill would expand the list of purposes for which those fees and fines shall be used to include paying for initial and in-service training for persons charged with enforcing animal control laws, including animal control officers. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 30652 of the Food and Agricultural Code, and to amend Section 830.9 of the Penal Code, relating to animal control officers." -59,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14105.28 of the Welfare and Institutions Code is amended to read: -14105.28. -(a) It is the intent of the Legislature to design a new Medi-Cal inpatient hospital reimbursement methodology based on diagnosis-related groups that more effectively ensures all of the following: -(1) Encouragement of access by setting higher payments for patients with more serious conditions. -(2) Rewards for efficiency by allowing hospitals to retain savings from decreased length of stays and decreased costs per day. -(3) Improvement of transparency and understanding by defining the “product” of a hospital in a way that is understandable to both clinical and financial managers. -(4) Improvement of fairness so that different hospitals receive similar payment for similar care and payments to hospitals are adjusted for significant cost factors that are outside the hospital’s control. -(5) Encouragement of administrative efficiency and minimizing administrative burdens on hospitals and the Medi-Cal program. -(6) That payments depend on data that has high consistency and credibility. -(7) Simplification of the process for determining and making payments to the hospitals. -(8) Facilitation of improvement of quality and outcomes. -(9) Facilitation of implementation of state and federal provisions related to hospital acquired conditions. -(10) Support of provider compliance with all applicable state and federal requirements. -(b) (1) (A) (i) The department shall develop and implement a payment methodology based on diagnosis-related groups, subject to federal approval, that reflects the costs and staffing levels associated with quality of care for patients in all general acute care hospitals in state and out of state, including Medicare critical access hospitals, but excluding public hospitals, psychiatric hospitals, and rehabilitation hospitals, which include alcohol and drug rehabilitation hospitals. -(ii) The payment methodology developed pursuant to this section shall be implemented on July 1, 2012, or on the date upon which the director executes a declaration certifying that all necessary federal approvals have been obtained and the methodology is sufficient for formal implementation, whichever is later. -(iii) Claims for payments pursuant to the payment methodology based on diagnosis-related groups established under this section shall be increased by 16 percent for the 2015–16 fiscal year. Managed care rates to Medi-Cal managed care health plans shall be increased by a proportionately equal amount for increased payments for hospital services for the 2015–16 fiscal year. -(iv) Commencing July 1, 2016, and annually thereafter, the department shall increase each diagnosis-related group payment claim amount based, at a minimum, on increases in the medical component of the California Consumer Price Index. Commencing July 1, 2016, and annually thereafter, managed care rates to Medi-Cal managed care health plans shall be increased by a proportionately equal amount for increased payments for hospital services. -(B) The diagnosis-related group-based payments shall apply to all claims, except claims for psychiatric inpatient days, rehabilitation inpatient days, managed care inpatient days, and swing bed stays for long-term care services, provided, however, that psychiatric and rehabilitation inpatient days shall be excluded regardless of whether the stay was in a distinct-part unit. The department may exclude or include other claims and services as may be determined during the development of the payment methodology. -(C) Implementation of the new payment methodology shall be coordinated with the development and implementation of the replacement Medicaid Management Information System pursuant to the contract entered into pursuant to Section 14104.3, effective on May 3, 2010. -(2) The department shall evaluate alternative diagnosis-related group algorithms for the new Medi-Cal reimbursement system for the hospitals to which paragraph (1) applies. The evaluation shall include, but not be limited to, consideration of all of the following factors: -(A) The basis for determining diagnosis-related group base price, and whether different base prices should be used taking into account factors such as geographic location, hospital size, teaching status, the local hospital wage area index, and any other variables that may be relevant. -(B) Classification of patients based on appropriate acuity classification systems. -(C) Hospital case mix factors. -(D) Geographic or regional differences in the cost of operating facilities and providing care. -(E) Payment models based on diagnosis-related groups used in other states. -(F) Frequency of -grouper -group -updates for the diagnosis-related groups. -(G) The extent to which the particular grouping algorithm for the diagnosis-related groups accommodates ICD-10 diagnosis and procedure codes, and applicable requirements of the federal Health Insurance Portability and Accountability Act of -1996. -1996 (Public Law 104-191). -(H) The basis for calculating relative weights for the various diagnosis-related groups. -(I) Whether policy adjusters should be used, for which care categories they should be used, and the frequency of updates to the policy adjusters. -(J) The extent to which the payment system is budget neutral and can be expected to result in state budget savings in future years. -(K) Other factors that may be relevant to determining payments, including, but not limited to, add-on payments, outlier payments, capital payments, payments for medical education, payments in the case of early transfers of patients, and payments based on performance and quality of care. -(c) The department shall submit to the Legislature a status report on the implementation of this section on April 1, 2011, April 1, 2012, April 1, 2013, and April 1, 2014. -(d) The alternatives for a new system described in paragraph (2) of subdivision (b) shall be developed in consultation with recognized experts with experience in hospital reimbursement, economists, the federal Centers for Medicare and Medicaid Services, and other interested parties. -(e) In implementing this section, the department may contract, as necessary, on a bid or nonbid basis, for professional consulting services from nationally recognized higher education and research institutions, or other qualified individuals and entities not associated with a particular hospital or hospital group, with demonstrated expertise in hospital reimbursement systems. The rate setting system described in subdivision (b) shall be developed with all possible expediency. This subdivision establishes an accelerated process for issuing contracts pursuant to this section and contracts entered into pursuant to this subdivision shall be exempt from the requirements of Chapter 1 (commencing with Section 10100) and Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. -(f) (1) The department may adopt emergency regulations to implement the provisions of this section in accordance with rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The initial adoption of emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Initial emergency regulations and the one readoption of those regulations shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of those regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations. -(2) As an alternative to paragraph (1), and notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, or any other law, the department may implement and administer this section by means of provider bulletins, all-county letters, manuals, or other similar instructions, without taking regulatory action. The department shall notify the fiscal and appropriate policy committees of the Legislature of its intent to issue a provider bulletin, all-county letter, manual, or other similar instruction, at least five days prior to issuance. In addition, the department shall provide a copy of any provider bulletin, all-county letter, manual, or other similar instruction issued under this paragraph to the fiscal and appropriate policy committees of the Legislature. -SEC. 2. -Section 14105.194 is added to the Welfare and Institutions Code, to read: -14105.194. -(a) Notwithstanding Sections 14105.07, 14105.191, 14105.192, and 14105.193, payments to providers for dates of service on or after June 1, 2011, shall be determined without application of the reductions in Sections 14105.07, 14105.191, 14105.192, and 14105.193, except as otherwise provided in this section. -(b) Notwithstanding Sections 14105.07 and 14105.192, and except as otherwise provided in this section, for managed care health plans that contract with the department pursuant to this chapter or Chapter 8 (commencing with Section 14200), payments for dates of service following the effective date of the act adding this section shall be determined without application of the reductions, limitations, and adjustments in Sections 14105.07 and 14105.192. -(c) The director shall implement this section to the maximum extent permitted by federal law and for the maximum time period for which the director obtains federal approval for federal financial participation for the payments provided for in this section. -(d) The director shall promptly seek all necessary federal approvals to implement this section. -SEC. 3. -Section 14105.196 is added to the Welfare and Institutions Code, to read: -14105.196. -(a) It is the intent of the Legislature to: -(1) Maintain the increased reimbursement rates for primary care providers in the Medi-Cal program upon expiration of the temporary increase provided for under Chapter 23 of the Statutes of 2012, as amended by Chapter 438 of the Statutes of 2012, in order to ensure adequate access to these providers. -(2) Increase reimbursement rates for other Medi-Cal providers to the amounts reimbursed by the federal Medicare program in order to ensure access to medically necessary health care services, and to comply with federal Medicaid requirements that care and services are available to Medi-Cal enrollees at least to the extent that care and services are available to the general population in the geographic area. -(3) Increase reimbursement rates for Denti-Cal providers to the equivalent rate of the percentage increase for other Medi-Cal providers to the amounts reimbursed by the federal Medicare program in order to ensure access to medically necessary dental services, and to comply with federal Medicaid requirements that care and services are available to Medi-Cal enrollees at least to the extent that care and services are available to the general population in the geographic area. -(b) (1) (A) Commencing January 1, 2016, payments for medical care services rendered by fee-for-service Medi-Cal -providers, including dental providers, -providers -shall not be less than 100 percent of the payment rate that applies to those services as established by the Medicare program for services rendered by fee-for-service providers. -(B) Commencing January 1, 2016, rates paid to Medi-Cal managed care plans shall be actuarially equivalent to the payment rates established under the Medicare program. -(C) Commencing January 1, 2016, rates paid to Denti-Cal providers for dental services reimbursed under the Denti-Cal program for services provided to adults and children shall be increased by the equivalent percentage as the percentage increase required under subparagraph (A). -(2) This subdivision shall be implemented only to the extent permitted by federal law and regulations. -(c) Notwithstanding any other law, to the extent permitted by federal law and regulations, the payments for medical care services made pursuant to this section shall be exempt from the payment reductions under Sections 14105.191 and 14105.192. -(d) Payment increases made pursuant to this section shall not apply to provider rates of payment described in Section 14105.18 for services provided to individuals not eligible for Medi-Cal or the Family Planning, Access, -Care -Care, -and Treatment (Family PACT) Program. -(e) For purposes of this section, “medical care services” means the services identified in subdivisions (a), (h), (i), (j), (n), (q), -(t), (v), -and (w) of Section -14132, and adult dental benefits provided pursuant to Section 14131.10. -14132. -(f) Notwithstanding any other law, the department shall implement the payment increase required by this section to managed care health plans that contract pursuant to Chapter 8.75 (commencing with Section 14591) and to contracts with the Senior Care Action Network and the AIDS Healthcare Foundation in the following manner, to the extent that the services are provided through any of these contracts, payments by the department to managed care health plans shall be increased by the actuarially equivalent amount of the payment increases pursuant to contract amendments or change orders effective on or after January 1, 2016. -(g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall implement, clarify, make specific, and define the provisions of this section by means of provider bulletins or similar instructions, without taking regulatory action until the time regulations are adopted. The department shall adopt regulations by July 1, 2018, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Beginning July 1, 2016, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted. -(h) This section shall be implemented only if and to the extent that federal financial participation is available and any necessary federal approvals have been obtained. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to ensure, at the earliest possible time, access to medically necessary care for Medi-Cal beneficiaries, it is necessary that this act take effect immediately.","(1) Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified, low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing law requires the department to develop and implement a Medi-Cal inpatient hospital reimbursement payment methodology based on diagnosis-related groups, subject to federal approval, that reflects the costs and staffing levels associated with quality of care for patients in all general acute care hospitals, as specified. Existing law generally requires the diagnosis-related group-based payments to apply to all claims. -This bill would require claims for payments pursuant to the inpatient hospital reimbursement methodology described above to be increased by -16 percent -16% -for the 2015–16 fiscal year, and would require, commencing July 1, 2016, and annually thereafter, the department to increase each diagnosis-related group payment claim amount based, at a minimum, on increases in the medical component of the California Consumer Price Index. Commencing with the 2015–16 fiscal year, and annually thereafter, the bill would require managed care rates for Medi-Cal managed care health plans to be increased by a proportionately equal amount for increased payments for hospital services. -(2) Existing law requires, except as otherwise provided, Medi-Cal provider payments to be reduced by 1% or 5%, and provider payments for specified non-Medi-Cal programs to be reduced by 1%, for dates of service on and after March 1, 2009, and until June 1, 2011. Existing law requires, except as otherwise provided, Medi-Cal provider payments and payments for specified non-Medi-Cal programs to be reduced by 10% for dates of service on and after June 1, 2011. -This bill would, instead, prohibit the application of those reductions for payments to providers for dates of service on or after June 1, 2011. The bill would also require payments for managed care health plans for dates of service following the effective date of the bill to be determined without application of some of those reductions. The bill would require the Director of Health Care Services to implement this provision to the maximum extent permitted by federal law and for the maximum time period for which the director obtains federal approval for federal financial participation for those payments. -(3) Prior law required, beginning January 1, 2013, through and including December 31, 2014, that payments for primary care services provided by specified physicians be no less than 100% of the payment rate that applies to those services and physicians as established by the Medicare program, for both fee-for-service and managed care plans. -This bill, commencing January 1, 2016, would -require, only to the extent permitted by federal law and that federal financial participation is available, -require -payments for specified medical care services to not be less than 100% of the payment rate that applies to those services as established by the Medicare program for services rendered by fee-for-service providers, and would require rates paid to Medi-Cal managed care plans to be actuarially equivalent to payment rates established by the Medicare program. -The bill, commencing January 1, 2016, would require rates paid to Denti-Cal providers for dental services provided to adults and children to be increased by the equivalent percentage as the percentage increase required for other fee-for-service Medi-Cal providers. The bill would require those provisions to be implemented only to the extent permitted by federal law and that federal financial participation is available. -The bill would authorize the department to implement those provisions through provider bulletins without taking regulatory action until regulations are adopted, and would require the department to adopt those regulations by July 1, 2018. The bill would require, commencing July 1, 2016, the department to provide a status report to the Legislature on a semiannual basis until regulations have been adopted. -(4) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 14105.28 of, and to add Sections 14105.194 and 14105.196 to, the Welfare and Institutions Code, relating to -Medi-Cal -Medi-Cal, -and declaring the urgency thereof, to take effect immediately." -60,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 798.88 of the Civil Code, as amended by Section 1 of Chapter 99 of the Statutes of 2012, is amended to read: -798.88. -(a) In addition to any right under Article 6 (commencing with Section 798.55) to terminate the tenancy of a homeowner, any person in violation of a reasonable rule or regulation of a mobilehome park may be enjoined from the violation as provided in this section. -(b) A petition for an order enjoining a continuing or recurring violation of any reasonable rule or regulation of a mobilehome park may be filed by the management thereof within the limited jurisdiction of the superior court of the county in which the mobilehome park is located. At the time of filing the petition, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527 of the Code of Civil Procedure. A temporary order restraining the violation may be granted, with notice, upon the petitioner’s affidavit showing to the satisfaction of the court reasonable proof of a continuing or recurring violation of a rule or regulation of the mobilehome park by the named homeowner or resident and that great or irreparable harm would result to the management or other homeowners or residents of the park from continuance or recurrence of the violation. -(c) A temporary restraining order granted pursuant to this subdivision shall be personally served upon the respondent homeowner or resident with the petition for injunction and notice of hearing thereon. The restraining order shall remain in effect for a period not to exceed 15 days, except as modified or sooner terminated by the court. -(d) Within 15 days of filing the petition for an injunction, a hearing shall be held thereon. If the court, by clear and convincing evidence, finds the existence of a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park, the court shall issue an injunction prohibiting the violation. The duration of the injunction shall not exceed three years. -(e) However, not more than three months prior to the expiration of an injunction issued pursuant to this section, the management of the mobilehome park may petition under this section for a new injunction where there has been recurring or continuous violation of the injunction or there is a threat of future violation of the mobilehome park’s rules upon termination of the injunction. -(f) Nothing shall preclude a party to an action under this section from appearing through legal counsel or in propria persona. -(g) The remedy provided by this section is nonexclusive and nothing in this section shall be construed to preclude or limit any rights the management of a mobilehome park may have to terminate a tenancy. -SEC. 2. -Section 798.88 of the Civil Code, as added by Section 2 of Chapter 99 of the Statutes of 2012, is repealed. -SEC. 3. -Section 85 of the Code of Civil Procedure, as amended by Section 3 of Chapter 99 of the Statutes of 2012, is amended to read: -85. -An action or special proceeding shall be treated as a limited civil case if all of the following conditions are satisfied, and, notwithstanding any statute that classifies an action or special proceeding as a limited civil case, an action or special proceeding shall not be treated as a limited civil case unless all of the following conditions are satisfied: -(a) The amount in controversy does not exceed twenty-five thousand dollars ($25,000). As used in this section, “amount in controversy” means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the lien, that is in controversy in the action, exclusive of attorneys’ fees, interest, and costs. -(b) The relief sought is a type that may be granted in a limited civil case. -(c) The relief sought, whether in the complaint, a cross-complaint, or otherwise, is exclusively of a type described in one or more statutes that classify an action or special proceeding as a limited civil case or that provide that an action or special proceeding is within the original jurisdiction of the municipal court, including, but not limited to, the following provisions: -(1) Section 798.61 or 798.88 of the Civil Code. -(2) Section 1719 of the Civil Code. -(3) Section 3342.5 of the Civil Code. -(4) Section 86. -(5) Section 86.1. -(6) Section 1710.20. -(7) Section 7581 of the Food and Agricultural Code. -(8) Section 12647 of the Food and Agricultural Code. -(9) Section 27601 of the Food and Agricultural Code. -(10) Section 31503 of the Food and Agricultural Code. -(11) Section 31621 of the Food and Agricultural Code. -(12) Section 52514 of the Food and Agricultural Code. -(13) Section 53564 of the Food and Agricultural Code. -(14) Section 53069.4 of the Government Code. -(15) Section 53075.6 of the Government Code. -(16) Section 53075.61 of the Government Code. -(17) Section 5411.5 of the Public Utilities Code. -(18) Section 9872.1 of the Vehicle Code. -(19) Section 10751 of the Vehicle Code. -(20) Section 14607.6 of the Vehicle Code. -(21) Section 40230 of the Vehicle Code. -(22) Section 40256 of the Vehicle Code. -SEC. 4. -Section 85 of the Code of Civil Procedure, as added by Section 4 of Chapter 99 of the Statutes of 2012, is repealed.","The Mobilehome Residency Law authorizes the management of a mobilehome park to, until January 1, 2016, file a petition for an order to enjoin a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park within the limited jurisdiction of the superior court of the county in which the mobilehome community is located. Existing law, until January 1, 2016, treats these actions for injunctive relief as a limited civil case. -This bill would extend the operation of these provisions indefinitely.","An act to amend and repeal Section 798.88 of the Civil Code, and to amend and repeal Section 85 of the Code of Civil Procedure, relating to mobilehomes." -61,"The people of the State of California do enact as follows: - - -SECTION 1. -Part 4.5 (commencing with Section 71350) is added to Division 34 of the Public Resources Code, to read: -PART 4.5. Integrated Climate Adaptation and Resiliency Program -71350. -For purposes of this part, “office” means the Office of Planning and Research. -71352. -The Legislature finds and declares: -(a) The state has been a leader in climate mitigation efforts to reduce greenhouse gas emissions. Now, and in the coming years, it is critical for California and the global community to continue and intensify those efforts in order to avoid the most severe impacts from a changing climate. However, because the global climate system changes slowly, impacts are ongoing and will inevitably worsen. In order to address the challenges posed by a changing climate, the state must invest in building resiliency and strengthening adaptation efforts at the state, regional, and local levels using the best-available science. -(b) A principle of the state’s adaptation strategy document, Safeguarding California, is to prioritize actions that not only reduce greenhouse gas emissions, but also help the state prepare for climate change impacts. Improved coordination, implementation, and integration of adaptation planning efforts and funding in the state’s climate policies can directly protect the state’s infrastructure, communities, environmental quality, public health, safety and security, natural resources, and economy from the unavoidable impacts of climate change for decades to come. -(c) In order to have a cohesive and comprehensive response to climate change impacts, the state must have integrated planning with coordinated strategies across state, regional, and local governments and agencies. -(d) The office is established as the comprehensive state planning agency that shall engage in the formulation, evaluation, and updating of long-range goals for factors that shape statewide development patterns and significantly influence the quality of the state’s environment, in addition to assisting state, regional, and local agencies in a variety of research and planning efforts, pursuant to Section 65040 of the Government Code. Therefore, the office is well-positioned to work with regional and local entities across the state, coordinating with state climate adaptation strategies. -(e) It is the intent of the Legislature, therefore, that adaptation strategies to build resiliency to the risks and impacts from climate change be integrated in state policies, projects, and permitting processes, and that the office serve as a coordinating body for adaptation projects and goals across California. -71354. -The Integrated Climate Adaptation and Resiliency Program is hereby established to be administered by the office. No later than January 1, 2017, the Director of State Planning and Research shall establish the program to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change with, to the extent feasible, an emphasis on climate equity considerations across sectors and regions and strategies that benefit both greenhouse gas emissions reductions and adaptation efforts, in order to facilitate the development of holistic, complimentary strategies for adapting to climate change impacts. In order to achieve these goals, the program shall include, but not be limited to, all of the following: -(a) Working with and coordinating local and regional efforts for climate adaptation and resilience, including, but not limited to, the following: -(1) Developing tools and guidance. -(2) Promoting and coordinating state agency support for local and regional efforts. -(3) Informing state-led programs, including state planning processes, grant programs, and guideline development, to better reflect the goals, efforts, and challenges faced by local and regional entities pursuing adaptation, preparedness, and resilience. This should occur through regular coordination between the office, the Climate Action Team, which was established by Executive Order S-3-05, the Strategic Growth Council, and other state agencies, including, but not limited to, the Office of Emergency Services, the California Environmental Protection Agency, the Natural Resources Agency, the Transportation Agency, the State Department of Public Health, and the Department of Food and Agriculture. -(b) Assisting the Office of Emergency Services and other relevant state agencies with coordinating regular reviews and updates, as needed, to the Adaptation Planning Guide, pursuant to Section 71356, and maintaining a copy of the guide, or an electronic link to a copy of the guide posted, at a minimum, on the state’s Climate Change Portal and the office’s Internet Web site. -(c) Coordinating and maintaining the state’s clearinghouse for climate adaptation information, pursuant to Section 71360. -(d) Conducting regular meetings with the advisory council established pursuant to Section 71358 in order to have technical support, as well as expertise and advice from regional and local experts working in climate adaptation throughout the research and planning processes, as described in this section. -71356. -(a) Within one year of an update to the Safeguarding California Plan, the Office of Emergency Services, in coordination with the Natural Resources Agency, the office, and relevant public and private entities, shall review and update, as necessary, the Adaptation Planning Guide to provide tools and guidance to regional and local governments and agencies in creating and implementing climate adaptation and community resiliency plans and projects. An Adaptation Planning Guide update shall be informed by the climate adaptation clearinghouse established pursuant to Section 71360 and the scientific assessments and recommendations in the most recent update of the Safeguarding California Plan. An Adaptation Planning Guide update shall consider the nexus between climate adaptation, community resiliency, public safety, and security, provide information and planning support for assessing climate vulnerabilities across impact sectors and regions and developing adaptation strategies that can be tailored to meet local needs, and include, at a minimum, all of the following: -(1) Guidance for coordinating adaptation planning activities among state and local governments and regional collaboratives. -(2) Adaptation planning guidance and strategies for natural hazards exacerbated by climate change. -(3) Guidance for conducting vulnerability assessments and identifying risk reduction strategies for communities. -(4) Identification of climate impact regions and descriptions of climate impacts to be considered for each region. -(5) Assistance with the interpretation of climate science as it relates to local and regional impacts. -(b) As part of updating the Adaptation Planning Guide, the Office of Emergency Services, in consultation with the office and, as needed, with the advisory council created pursuant to Section 71358, shall hold public meetings in the northern, southern, and central regions of the state to obtain input from the public and leaders in local and regional climate preparedness. -71358. -(a) An advisory council to the office is hereby established. The advisory council shall be comprised of members from a range of disciplines, in order to provide scientific and technical support, and from regional and local governments and entities. The advisory council shall support the office’s goals, as identified in this part, to facilitate coordination among state, regional, and local agency efforts to adapt to the impacts of climate change. -(b) Members of the advisory council shall have expertise in the intersection of climate change and areas that include, but need not be limited to, any of the following: -(1) Public health. -(2) Environmental quality. -(3) Environmental justice. -(4) Agriculture. -(5) Transportation and housing. -(6) Energy. -(7) Natural resources and water. -(8) Planning. -(9) Recycling and waste management. -(10) Local or regional government. -(11) Tribal issues. -(12) Emergency services and public safety. -(c) The advisory council shall meet with the office as needed, but not less than three times a year. -71360. -(a) (1) The office shall coordinate with appropriate entities, including state, regional, or local agencies, to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities. -(2) The clearinghouse shall be a centralized source of information that provides available climate data to guide decisionmakers at state, regional, and local levels when planning for and implementing climate adaptation projects to promote resiliency to climate change. The clearinghouse may include, but is not limited to, any of the following: -(A) A collection of the best-available resources that may include projections and models, vulnerability assessments, and downscaled data for climate change impacts throughout the state, when available, at statewide, regional, and local levels for both near-term and longer term timescales, including year 2050 and year 2100 projections. Climate change impacts may include, but are not limited to, impacts to public health, natural resources, environmental quality, and infrastructure. -(B) Tools that allow for the visualization or identification of regional and local impacts across the state and that integrate best-available data on vulnerable populations and infrastructure. -(C) A library of relevant white papers, case studies, research articles, and climate adaptation best practices that are searchable by relevance to region, locality, and sector. -(D) Information concerning funding opportunities for adaptation research, planning, and projects. -(E) Regionally prioritized best-practice adaptation projects that, as appropriate, integrate efforts to reduce greenhouse gas emissions across the state. -(b) The clearinghouse shall be regularly updated. -SEC. 2. -The Legislature finds that because the Strategic Growth Council consists primarily of the Governor’s cabinet members and because the council is designed to facilitate communication, coordinate policy outcomes, and improve efficiencies among member agencies and departments, informal discussion and interaction between and among agency secretaries and their staff should be encouraged and is a normal function of government. -SEC. 3. -Section 75123 of the Public Resources Code is amended to read: -75123. -(a) A meeting of the council, including a meeting related to the development of grant guidelines and policies and the approval of grants, shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), except that, for purposes of this section, “meeting” shall not include a meeting at which: -(1) Council members are meeting as members of the Governor’s cabinet. -(2) Council staff and member agency staff are meeting to discuss, but not take final action on, any of the following: -(A) State agency coordination to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, revitalize urban and community centers in a sustainable manner, and other priorities specified in subdivision (a) of Section 75125. -(B) Preliminary policy recommendations and investment strategies to the Governor, the Legislature, and appropriate state agencies to encourage the development of sustainable communities, as set forth in subdivision (b) of Section 75125. -(C) Developing grant guidelines, such as those specified in Section 75125, that are otherwise subject to public participation process requirements. -(b) The council may sponsor conferences, symposia, and other public forums, to seek a broad range of public advice regarding local, regional, and natural resource planning, sustainable development, and strategies to reduce and mitigate climate change.","(1) The Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. The act requires all state agencies to consider and implement strategies to reduce their greenhouse gas emissions. An executive order establishes a climate action team consisting of specified ex officio members and requires the team to make a specified biannual report to the Legislature and Governor. -This bill would establish the Integrated Climate Adaptation and Resiliency Program to be administered by the Office of Planning and Research to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change, as specified. The bill also would require, within one year of an update to the Safeguarding California Plan, the Office of Emergency Services, in coordination with the Natural Resources Agency, the Office of Planning and Research, and relevant public and private entities, to review and update, as necessary, the Adaptation Planning Guide, as specified. The bill would establish an advisory council, as specified, to support the goals of the Office of Planning and Research as identified by the bill. The bill would require the Office of Planning and Research to establish a clearinghouse for climate adaptation information, as specified. -(2) The Bagley-Keene Open Meeting Act, with specified exceptions, requires that meetings of a state body be open and public and that all persons be permitted to attend. -Existing law establishes the Strategic Growth Council and requires the council, among other things, to identify and review the activities and funding programs of member state agencies that may be coordinated to improve air and water quality. Existing law also requires the council’s meetings be open to the public and subject to the Bagley-Keene Open Meeting Act. -This bill would specify certain council meetings that are not subject to the Bagley-Keene Open Meeting Act.","An act to amend Section 75123 of, and to add Part 4.5 (commencing with Section 71350) to Division 34 of, the Public Resources Code, relating to environmental protection." -62,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Each year, more than 45,000,000 personal vehicle passengers and 15,000,000 pedestrians enter the state from Mexico. -(b) Border crossers have an economic impact on the state, accounting annually for $4,005,000,000 in economic benefits and 67,000 jobs. -(c) Border wait times during peak hours average 120 minutes on weekdays and even longer on weekends. -(d) More than 8,000,000 trips are lost due to congestion each year in the San Ysidro Port of Entry, the busiest port of entry in the world. -(e) In the San Diego region alone, this translates into a revenue loss of nearly $1,003,000,000, 3,000,000 potential working hours, 35,000 jobs, and $42,000,000 in wages. -(f) It is estimated that border wait times will significantly increase in the future and an additional 15 minutes in border wait times will affect productivity in the binational border region by an additional $1,000,000,000 in costs and a loss of 134,000 jobs. -(g) Because border wait times impede international travel, trade, and commerce, the Legislature must act to protect California’s jobs and economy. -(h) After the 9/11 attacks, the federal government enacted the federal Western Hemisphere Travel Initiative (WHTI) (Public Law 110-53 and Public Law 108-458), to facilitate entry for United States citizens and legitimate foreign visitors, while strengthening United States border security, by requiring United States and Canadian travelers to present a passport or other documents that denote identity and citizenship when entering the United States. The documentation requirements of the WHTI went into effect in 2007 for air travel into the United States and in 2009 for land and sea travel. -(i) In addition to a passport and other documents, the federal government approved, for cross-border travel, the use of an enhanced driver’s license (EDL), which is a standard state-issued driver’s license that has been enhanced in process, technology, and security to denote identity and citizenship for purposes of entering the United States at the land and sea ports of entry. An EDL contains radio frequency identification (RFID) technology, which allows information contained in a wireless device or tag to be read from a distance, and eliminates the need to key in travelers, translating into 60 percent faster processing than manual queries. -(j) Another advantage of an EDL is that it can be used in Ready Lanes, which were created by the United States Customs and Border Protection and are used as primary vehicle lanes dedicated to travelers who possess RFID-enabled travel documents. -(k) The use of an EDL as an RFID-enabled travel document is already in place in the States of Washington, New York, Michigan, and Vermont. -(l) The use of EDLs in the state will open the way for the United States Customs and Border Protection to convert more vehicle lanes into Ready Lanes, which will decrease border wait times by an average of 30 minutes and thus provide a significant, long-term economic benefit to the state, while strengthening border security. -(m) It is the intent of the Legislature that the decision to obtain an enhanced driver’s license is strictly voluntary. To that end, if California enters into a memorandum of understanding with a federal agency for the purposes of obtaining approval to issue an enhanced driver’s license, provisional license, or identification card pursuant to the federal Western Hemisphere Travel Initiative (Public Law 110-53 and Public Law 108-458), it is the intent of the Legislature that an employer shall not require an employee to apply for, or use, an enhanced driver’s license, provisional license, or identification card as a condition of employment, nor shall an employer discharge an employee, or otherwise discriminate or retaliate against an employee who refuses to apply for, or use, an enhanced driver’s license, provisional license, or identification card. -SEC. 2. -Chapter 8 (commencing with Section 15400) is added to Division 6 of the Vehicle Code, to read: -CHAPTER 8. Enhanced Driver’s License and Identification Card -15400. -The department may enter into a memorandum of understanding with a federal agency for the purposes of obtaining approval for the issuance of an enhanced driver’s license, provisional license, or identification card that is acceptable as proof of identity and citizenship pursuant to the federal Western Hemisphere Travel Initiative (Public Law 110-53 and Public Law 108-458). Prior to entering into any memorandum of understanding, the department shall consult with appropriate interested parties, including, but not limited to, business and privacy groups, regarding the issues raised by implementation of this chapter. -15401. -(a) Upon the request of an applicant, the department may issue an initial enhanced driver’s license, provisional license, or identification card to, or renew the enhanced driver’s license, provisional license, or identification card of, a person who satisfies all of the following: -(1) Is 16 years of age or older. -(2) Is a resident of this state. -(3) Is a citizen of the United States. -(b) (1) In addition to other information required pursuant to Chapter 1 (commencing with Section 12500), the applicant shall submit sufficient proof that meets the requirements of the federal Western Hemisphere Travel Initiative (Public Law 110-53 and Public Law 108-458) to establish his or her identity, residency, and citizenship. -(2) The applicant shall certify, under the penalty of perjury, that the information submitted pursuant to paragraph (1) is true and correct to the best of the knowledge of the applicant. -(3) The department shall provide a protective shield at the time the enhanced driver’s license, provisional license, or identification card is issued to the individual, and inform the applicant in writing that the information on the driver’s license, provisional license, or identification card can be read remotely without the holder’s knowledge, if the enhanced driver’s license, provisional license, or identification card is not enclosed in the protective shield. -(4) The applicant shall sign a declaration acknowledging his or her understanding of radio frequency identification technology and the purpose of the protective shield. -(c) The department shall include, in the enhanced driver’s license, provisional license, or identification card, reasonable security measures, including tamper-resistant features to prevent unauthorized duplication or cloning and to protect against unauthorized disclosure of personal information regarding the person who is the subject of the license or card. -(d) The enhanced driver’s license, provisional license, or identification card shall include radio frequency identification technology. The radio frequency identification technology shall contain a randomly assigned number or employ other security measures deemed necessary by the department to make any information on the card unintelligible to an unauthorized reader. In any event, the radio frequency technology shall contain only the information needed to comply with the United States Department of Homeland Security requirements and a machine readable zone or barcode that contains only as much information as is required by the federal Western Hemisphere Travel Initiative (Public Law 110-53 and Public Law 108-458) to permit a border crossing. -(e) An enhanced driver’s license may be suspended, revoked, or restricted pursuant to this code. -15402. -(a) An applicant applying for an initial enhanced driver’s license, provisional license, or identification card, shall have his or her photograph and signature captured or reproduced by the department at the time of application. -(b) All laws related to the privacy or security of a driver’s license, provisional license, or identification document, or a similar document, or regulating the use, access, or sharing of information, apply to enhanced driver’s licenses, provisional licenses, and identification cards. -(c) (1) The department shall examine and verify the genuineness, regularity, and legality of an application and proof submitted to the department for an initial issuance of an enhanced driver’s license, provisional license, or identification card. -(2) The department may require the submission of additional information to establish identity, residency, and citizenship. -(3) The department shall deny an application of an enhanced driver’s license, provisional license, or identification card if the department is not satisfied with the genuineness, regularity, and legality of the application or supporting documentation or the truth of any statement contained in the application or supporting documentation, or for any other reason authorized by law. -(d) The department shall retain copies or digital images of documents provided by the person pursuant to this chapter. -(e) Notwithstanding subdivision (d), and except as required by other law, in the case of the denial of an application for the issuance of an enhanced driver’s license, provisional license, or identification card, the department shall retain the photograph of the applicant and the reason for denial for not less than one year, unless fraud is suspected, in which case the applicant’s photograph and the reason for denial shall be retained for not less than 10 years. -(f) The photograph, signature, copies, and digital image of documents required pursuant to this section are exempt from public disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). -(g) Except as required by federal law, information submitted by an applicant pursuant to this chapter shall not be disclosed to a foreign nation. -15403. -(a) In addition to fees required pursuant to this division, a person requesting the initial issuance or renewal of an enhanced driver’s license, provisional license, or identification card shall submit an additional nonrefundable application fee with the application. The department shall set, by regulation, the application fee in an amount not to exceed the reasonable regulatory cost of issuing or renewing that license or identification card, or fifty-five dollars ($55), whichever is less. -(b) Fees submitted shall be deposited into the Motor Vehicle Account, to be available, upon appropriation by the Legislature, to implement this chapter. -15404. -The department shall submit an annual report in compliance with Section 9795 of the Government Code to the Assembly and Senate Committees on Judiciary, the Senate Committee on Transportation and Housing, and the Assembly Committee on Transportation. The report shall include, but not be limited to, information on the number of enhanced driver’s licenses, provisional licenses, and identification cards issued, the effect on wait times and traffic congestion at points of entry, and whether or not there have been any security or privacy breaches related to the use of the enhanced driver’s licenses, provisional licenses, and identification cards. Information from the federal government that is required to be reported pursuant to this section need only be reported to the extent the information is received from the federal government. -SEC. 3. -The Legislature finds and declares that Section 2 of this act, which adds Section 15402 to the Vehicle Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -The need to protect individual privacy from the public disclosure of private information submitted by an applicant for an enhanced driver’s license, provisional license, or identification card outweighs the interest in the public disclosure of that information. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires the Department of Motor Vehicles, upon proper application, to issue driver’s licenses and identification cards. -The federal Western Hemisphere Travel Initiative facilitates travel within the western hemisphere by authorizing the use of enhanced driver’s licenses and identification cards meeting specified requirements as travel documents. -This bill would authorize the Department of Motor Vehicles to enter into a memorandum of understanding with a federal agency for the purpose of facilitating travel within the western hemisphere pursuant to the federal Western Hemisphere Travel Initiative through the issuance of an enhanced driver’s license, provisional license, or identification card. The bill would authorize the department to issue or renew, upon request, an enhanced driver’s license, provisional license, or identification card for specified persons. The bill would require a person applying for the initial issuance or renewal of an enhanced driver’s license, provisional license, or identification card to submit, under the penalty of perjury, additional proof of identity, residency, and citizenship that satisfies the requirements of the federal Western Hemisphere Travel Initiative. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would require the department to provide a protective shield and to take other specified security measures for the enhanced driver’s license, provisional license, or identification card. -The bill would also require the department to submit an annual report to specified committees of the Legislature on the implementation of the enhanced driver’s license, provisional license, and identification card. The bill would require a person applying for an enhanced driver’s license, provisional license, or identification card to submit an additional application fee. The bill would require the department to set, by regulation, the application fee in an amount not to exceed the reasonable regulatory cost of issuing or renewing the license or identification card, or $55, whichever is less, and to provide specified information to the applicant. The bill would require the fees to be deposited into the Motor Vehicle Account. The bill would, upon appropriation by the Legislature, require those fees to be expended by the department in implementing the above provisions. The bill would prohibit specified information submitted by an applicant for an enhanced driver’s license, provisional license, or identification card from being disclosed by the department, as specified. The bill would make all laws related to the privacy or security of a driver’s license, provisional license, or identification document, or a similar document, or regulating the use, access or sharing of information, applicable to enhanced driver’s licenses, provisional licenses, and identification cards. -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Chapter 8 (commencing with Section 15400) to Division 6 of the Vehicle Code, relating to vehicles." -63,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 48412 of the Education Code is amended to read: -48412. -(a) (1) A person 16 years of age or older, or who has been enrolled in the 10th grade for one academic year or longer, or who will complete one academic year of enrollment in the 10th grade at the end of the semester during which the next regular examination will be conducted, may have his or her proficiency in basic skills taught in public high schools verified according to criteria established by the State Department of Education. -(2) The state board shall award a “certificate of proficiency” to persons who demonstrate that proficiency. The certificate of proficiency shall be equivalent to a high school diploma, and the department shall keep a permanent record of the issuance of all certificates. -(b) (1) The department shall develop standards of competency in basic skills taught in public high schools and shall provide for the administration of examinations prepared by or with the approval of the department to verify competency. Regular examinations shall be held once in the fall semester and once in the spring semester of every academic year on a date, as determined by the department, that will enable notification of examinees and the schools they attend, if any, of the results thereof not later than two weeks prior to the date on which that semester ends in a majority of school districts that maintain high schools. -(2) In addition to regular examinations, the department may, at the discretion of the Superintendent, conduct examinations for all eligible persons once during each summer recess and may conduct examinations at any other time that the Superintendent deems necessary to accommodate eligible persons whose religious convictions or physical handicaps prevent their attending one of the regular examinations. -(c) (1) The department may charge a fee for each examination application in an amount sufficient to recover the costs of administering the requirements of this section. However, the fee shall not exceed an amount equal to the cost of test renewal and administration per examination application. All fees levied and collected pursuant to this section shall be deposited in the State Treasury for remittance to the current support appropriation of the department as reimbursement for costs of administering this section. Any reimbursements collected in excess of actual costs of administration of this section shall be transferred to the unappropriated surplus of the General Fund by order of the Director of Finance. -(2) The department shall not charge the fee to an examinee who meets all of the following criteria: -(A) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). -(B) The examinee has not attained 25 years of age as of the date of the scheduled examination. -(C) The examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this subparagraph. -(3) For purposes of this subdivision, a “homeless services provider” includes either of the following: -(A) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. -(B) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department. -(4) The loss of fees pursuant to paragraph (2), if any, shall be deemed to be a cost of administering this section for purposes of paragraph (1). -(d) (1) The state board shall adopt rules and regulations as are necessary for implementation of this section. -(2) Notwithstanding paragraph (1), the state board shall adopt emergency regulations, as necessary, to implement the provisions of subdivision (c), as amended by the act that added this paragraph. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. -(e) The department shall periodically review the effectiveness of the examinations administered pursuant to this section. The costs of this review may be recovered through the fees levied pursuant to subdivision (c). -(f) (1) On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following: -(A) The number of homeless youth that took a high school proficiency test in each of the 2016, 2017, and 2018 calendar years. -(B) The impact of the opportunity to take a high school proficiency test at no cost on the number and percentage of homeless youth taking a high school proficiency test. -(C) The estimated number of homeless youth who may take a high school proficiency test in future years. -(D) Recommendations for a permanent funding source to cover the cost of the waived fees. -(E) The annual and projected administrative cost to the department. -(F) The annual and projected reimbursement to contractors pursuant to this section. -(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code. -(g) Additional state funds shall not be appropriated for purposes of implementing paragraph (2) of subdivision (c). -SEC. 2. -Section 51421 of the Education Code is amended to read: -51421. -(a) The Superintendent may charge a one-time only fee, established by the state board, to be submitted by an examinee when registering for the test sufficient in an amount not greater than the amount required to pay the cost of administering this article, including costs related to subdivision (b), and for the cost of providing services related to the completion of the general educational development test. The amount of each fee may not exceed twenty dollars ($20) per person. -(b) The examinee shall be responsible for submitting to the Superintendent both of the following requests: -(1) A request for a duplicate copy of the high school equivalency certificate. -(2) A request to forward a report of the results of a general educational development test to a postsecondary educational institution. -SEC. 3. -Section 51421.5 is added to the Education Code, to read: -51421.5. -(a) If, for purposes of this article, a contractor or testing center charges an examinee its own separate fee, the contractor or testing center shall not charge that fee to an examinee who meets all of the following criteria: -(1) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). -(2) The examinee has not attained 25 years of age as of the date of the scheduled examination. -(3) The examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this paragraph. -(b) For purposes of this section, a “homeless services provider” includes either of the following: -(1) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. -(2) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department. -(c) Additional state funds shall not be appropriated for purposes of implementing this section. -(d) Notwithstanding subdivision (c), the Superintendent may use surplus funds in the Special Deposit Fund Account, established pursuant to Section 51427, to reimburse contractors for the loss of fees, if any, pursuant to this section. A contract executed by the department for the provision of examinations pursuant to Section 51421 or this section shall require that any contracting party accept all examinees, including those entitled to a fee waiver pursuant to this section. For purposes of this subdivision, “surplus funds” are funds remaining after the costs permitted by subdivision (a) of Section 51421 are paid. -(e) On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following: -(A) The number of homeless youth that took a high school equivalency test in each of the 2016, 2017, and 2018 calendar years. -(B) The impact of the opportunity to take a high school equivalency test at no cost on the number and percentage of homeless youth taking a high school equivalency test. -(C) The estimated number of homeless youth who may take a high school equivalency test in future years. -(D) Recommendations for a permanent funding source to cover the cost of the waived fees. -(E) The annual and projected administrative cost to the department. -(F) The annual and projected reimbursement to the contractor pursuant to this section. -(f) The Superintendent shall adopt emergency regulations, as necessary, to implement this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. -(g) The department shall include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver pursuant to this section shall be absorbed by the contractor. -(h) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2020, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 4. -Section 51421.5 is added to the Education Code, to read: -51421.5. -(a) If, for purposes of this article, a contractor or testing center charges an examinee its own separate fee, the contractor or testing center shall not charge that fee to an examinee who meets all of the following criteria: -(1) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). -(2) The examinee has not attained 25 years of age as of the date of the scheduled examination. -(3) The examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this paragraph. -(b) For purposes of this section, a “homeless services provider” includes either of the following: -(1) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. -(2) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department. -(c) Additional state funds shall not be appropriated for purposes of implementing this section. -(d) The Superintendent shall adopt emergency regulations, as necessary, to implement this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. -(e) The department shall include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver pursuant to this section shall be absorbed by the contractor. -(f) This section shall become operative on July 1, 2019.","(1) Existing law authorizes certain persons, including, among others, any person 16 years of age or older, to have his or her proficiency in basic skills taught in public high schools verified according to criteria established by the State Department of Education. Existing law requires the State Board of Education to award a certificate of proficiency to persons who demonstrate that proficiency. Existing law requires the department to develop standards of competency in basic skills taught in public high schools and to provide for the administration of examinations prepared by, or with the approval of, the department to verify competency. Existing law authorizes the department to charge a fee for each examination application in an amount sufficient to recover the costs of administering the requirements of these provisions, but prohibits the fee from exceeding an amount equal to the cost of test renewal and administration per examination application. -This bill would prohibit the department from charging the fee to a homeless child or youth who is under 25 years of age and can verify his or her status as a homeless child or youth. The bill would authorize a homeless services provider, as defined, that has knowledge of the examinee’s housing status to verify the examinee’s status for purposes of these provisions. The bill would provide that no additional state funds shall be appropriated for purposes of implementing the above provisions. The bill would authorize the state board to adopt emergency regulations for purposes of these provisions. -(2) Existing law separately requires the Superintendent of Public Instruction to issue a high school equivalency certificate and an official score report, or an official score report only, to a person who has not completed high school and who meets specified requirements, including, among others, having taken all or a portion of a general education development test that has been approved by the state board and administered by a testing center approved by the department, with a score determined by the state board to be equal to the standard of performance expected from high school graduates. Existing law authorizes the Superintendent to charge an examinee a one-time fee to pay costs related to administering these provisions and issuing a certificate, as specified. Existing law limits the amount of the fee to $20 per person and requires each scoring contractor to forward that fee to the Superintendent. -This bill would, for purposes of those provisions, prohibit a contractor or testing center that charges its own separate fee from charging that separate fee to a homeless child or youth who is under 25 years of age and can verify his or her status as a homeless child or youth. The bill would authorize a homeless services provider, as defined, that has knowledge of the examinee’s housing status to verify the examinee’s status for purposes of these provisions. The bill would provide that no additional state funds shall be appropriated for purposes of implementing these provisions, and would authorize the Superintendent to adopt emergency regulations for purposes of these provisions. -(3) Existing law establishes in the State Treasury a Special Deposit Fund Account, which consists of certain fees, and is continuously appropriated for the support of the department to be used for purposes of the provisions above relating to high school equivalency tests. -This bill would authorize the Superintendent, until July 1, 2019, to use surplus funds, as defined, in the Special Deposit Fund Account to reimburse contractors for the loss of fees, if any, pursuant to provisions above relating to high school equivalency tests. By authorizing the expenditure of money in a continuously appropriated fund for a new purpose, this bill would make an appropriation. The bill would require a contract executed by the department for the provision of those tests to require a contracting party to accept all examinees, including those entitled to a fee waiver pursuant to those provisions. The bill also would require the department to include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver shall be absorbed by the contractor. -(4) This bill also would require the department, on or before December 1, 2018, to submit 2 reports to the appropriate policy and fiscal committees of the Legislature, one relating to high school proficiency tests, and one relating to high school equivalency tests, that each include, among other things, the number of homeless youth that took a high school proficiency or equivalency test in each of the 2016, 2017, and 2018 calendar years, and the impact of the opportunity to take a high school proficiency or equivalency test at no cost on the number and percentage of homeless youth taking a high school proficiency or equivalency test.","An act to amend Sections 48412 and 51421 of, and to add and repeal Section 51421.5 to, the Education Code, relating to pupils, and making an appropriation therefor." -64,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known and may be cited as the Overturn Citizens United Act. -SEC. 2. -The Legislature finds and declares all of the following: -(a) The United States Constitution and the Bill of Rights are intended to protect the rights of individual human beings. -(b) Corporations are not mentioned in the United States Constitution, nor have we decreed that corporations have rights separate from “We the People.” -(c) In Connecticut General Life Insurance Company v. Johnson (1938) 303 U.S. 77, United States Supreme Court Justice Hugo Black stated in his dissent, “I do not believe the word ‘person’ in the Fourteenth Amendment includes corporations.” -(d) In Austin v. Michigan Chamber of Commerce (1990) 494 U.S. 652, the United States Supreme Court recognized the threat to a republican form of government posed by “the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public’s support for the corporation’s political ideas.” -(e) In Citizens United v. Federal Election Commission (2010) 558 U.S. 310, the United States Supreme Court struck down limits on electioneering communications that were upheld in McConnell v. Federal Election Commission (2003) 540 U.S. 93 and Austin v. Michigan Chamber of Commerce. This decision presents a serious threat to self-government by rolling back previous bans on corporate spending in the electoral process and allows unlimited corporate spending to influence elections, candidate selection, policy decisions, and public debate. -(f) In Citizens United v. Federal Election Commission, Justices John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor noted in their dissent that corporations have special advantages not enjoyed by natural persons, such as limited liability, perpetual life, and favorable treatment of the accumulation and distribution of assets, that allow them to spend huge sums on campaign messages that have little or no correlation with the beliefs held by natural persons. -(g) Corporations have used the artificial rights bestowed on them by the courts to overturn democratically enacted laws that municipal, state, and federal governments passed to curb corporate abuses, thereby impairing local governments’ ability to protect their citizens against corporate harms to the environment, consumers, workers, independent businesses, and local and regional economies. -(h) In Buckley v. Valeo (1976) 424 U.S. 1, the United States Supreme Court held that the appearance of corruption justified some contribution limitations, but it wrongly rejected other fundamental interests that the citizens of California find compelling, such as creating a level playing field and ensuring that all citizens, regardless of wealth, have an opportunity to have their political views heard. -(i) In First National Bank of Boston v. Bellotti (1978) 435 U.S. 765 and Citizens Against Rent Control/Coalition for Fair Housing v. City of Berkeley (1981) 454 U.S. 290, the United States Supreme Court rejected limits on contributions to ballot measure campaigns because it concluded that these contributions posed no threat of candidate corruption. -(j) In Nixon v. Shrink Missouri Government PAC (2000) 528 U.S. 377, United States Supreme Court Justice John Paul Stevens observed in his concurrence that “money is property; it is not speech.” -(k) A February 2010 Washington Post-ABC News poll found that 80 percent of Americans oppose the ruling in Citizens United. -(l) Article V of the United States Constitution empowers and obligates the people of the United States of America to use the constitutional amendment process to correct those egregiously wrong decisions of the United States Supreme Court that go to the heart of our democracy and the republican form of self-government. -(m) Article I of the California Constitution guarantees the right of the people to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good. -(n) The people of California and of the United States have previously used ballot measures as a way of instructing their elected representatives about the express actions they want to see them take on their behalf, including provisions to amend the United States Constitution. -(o) California’s United States Senators and Representatives would benefit from having instructions from California voters about the United States Supreme Court’s ruling in Citizens United and other judicial precedents in taking congressional action. -SEC. 3. -A special election is hereby called to be held throughout the state on November 8, 2016. The special election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used. -SEC. 4. -(a) Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit the following voter instruction to the voters at the November 8, 2016, consolidated election: - - -“Shall California’s elected officials use all of their constitutional authority, including, but not limited to, proposing and ratifying one or more amendments to the United States Constitution, to overturn Citizens United v. Federal Election Commission (2010) 558 U.S. 310, and other applicable judicial precedents, to allow the full regulation or limitation of campaign contributions and spending, to ensure that all citizens, regardless of wealth, may express their views to one another, and to make clear that corporations should not have the same constitutional rights as human beings?” - - -(b) Upon certification of the election, the Secretary of State shall communicate to the Congress of the United States the results of the election asking the question set forth in subdivision (a). -(c) The provisions of the Elections Code that apply to the preparation of ballot measures and ballot materials at a statewide election apply to the measure submitted pursuant to this section. -SEC. 5. -(a) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code or any other law, the Secretary of State shall submit Section 4 of this act to the voters at the November 8, 2016, statewide general election. -(b) Notwithstanding Section 13115 of the Elections Code, Section 4 of this act and any other measure placed on the ballot by the Legislature for the November 8, 2016, statewide general election after the 131-day deadline set forth in Section 9040 of the Elections Code shall be placed on the ballot, following all other ballot measures, in the order in which they qualified as determined by chapter number. -(c) The Secretary of State shall include, in the ballot pamphlets mailed pursuant to Section 9094 of the Elections Code, the information specified in Section 9084 of the Elections Code regarding the ballot measure contained in Section 4 of this act. -SEC. 6. -If the Secretary of State is prohibited from complying with Sections 4 and 5 of this act until after November 8, 2016, by court order pending resolution of an unsuccessful legal challenge to the validity of this act, then the Secretary of State shall submit Section 4 of this act to the voters at the next occurring election. -SEC. 7. -This act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.","This bill would call a special election to be consolidated with the November 8, 2016, statewide general election. The bill would require the Secretary of State to submit to the voters at the November 8, 2016, consolidated election a voter instruction asking whether California’s elected officials should use all of their constitutional authority, including proposing and ratifying one or more amendments to the United States Constitution, to overturn Citizens United v. Federal Election Commission (2010) 558 U.S. 310, and other applicable judicial precedents, as specified. The bill would require the Secretary of State to communicate the results of this election to the Congress of the United States. The bill would require the Secretary of State, if prohibited by court order from submitting the voter instruction to the voters at the November 8, 2016, statewide general election, as specified, to submit the voter instruction to the voters at the next occurring election. -This bill would declare that it is to take effect immediately as an act calling an election.","An act to submit to the voters a voter instruction relating to campaign finance, calling an election, to take effect immediately." -65,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10820 of the Corporations Code is amended to read: -10820. -(a) “Health care service plan,” as used in this section means a corporation that is a health care service plan defined in the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code), other than a corporation that is exempted from that act by subdivision (c) of Section 1343 of the Health and Safety Code. -(b) A health care service plan may be formed under or subject to Part 2 (commencing with Section 5110) of this division or Part 3 (commencing with Section 7110) of this division. -SEC. 2. -Section 1343 of the Health and Safety Code is amended to read: -1343. -(a) This chapter shall apply to health care service plans and specialized health care service plan contracts as defined in subdivisions (f) and (o) of Section 1345. -(b) The director may by the adoption of rules or the issuance of orders deemed necessary and appropriate, either unconditionally or upon specified terms and conditions or for specified periods, exempt from this chapter any class of persons or plan contracts if the director finds the action to be in the public interest and not detrimental to the protection of subscribers, enrollees, or persons regulated under this chapter, and that the regulation of the persons or plan contracts is not essential to the purposes of this chapter. -(c) Upon the request of the Director of Health Care Services, the director may exempt from this chapter any mental health plan contractor or any capitated rate contract under Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code. Those exemptions may be subject to conditions the Director of Health Care Services deems appropriate. -(d) This chapter shall not apply to: -(1) A person organized and operating pursuant to a certificate issued by the Insurance Commissioner unless the entity is directly providing the health care service through those entity-owned or contracting health facilities and providers, in which case this chapter shall apply to the insurer’s plan and to the insurer. -(2) A plan directly operated by a bona fide public or private institution of higher learning which directly provides health care services only to its students, faculty, staff, administration, and their respective dependents. -(3) A person who does all of the following: -(A) Promises to provide care for life or for more than one year in return for a transfer of consideration from, or on behalf of, a person 60 years of age or older. -(B) Has obtained a written license pursuant to Chapter 2 (commencing with Section 1250) or Chapter 3.2 (commencing with Section 1569). -(C) Has obtained a certificate of authority from the State Department of Social Services. -(4) The Major Risk Medical Insurance Board when engaging in activities under Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance Code, Part 6.3 (commencing with Section 12695) of Division 2 of the Insurance Code, and Part 6.5 (commencing with Section 12700) of Division 2 of the Insurance Code. -(5) The California Small Group Reinsurance Fund. -SEC. 3. -Section 101750.5 of the Health and Safety Code is amended to read: -101750.5. -For the purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, the authority shall be considered a public entity separate from the county or counties and shall file the statement required by Section 53051 of the Government Code. -SEC. 4. -Section 14087.95 of the Welfare and Institutions Code is repealed. -SEC. 5. -Section 14087.95 is added to the Welfare and Institutions Code, to read: -14087.95. -A -(a) Subject to subdivision (b), a -county contracting with the department pursuant to this article shall be deemed to be a health care service plan, as defined in Section 1345 of the Health and Safety Code, and shall be subject to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) for the purpose of carrying out those contracts, unless the act expressly provides otherwise. -(b) (1) A county organized health system under subdivision (a) that holds a license under the Knox-Keene Health Care Service Plan Act of 1975 on December 31, 2015, to provide the product described in subdivision (a), shall be subject to this section on and after January 1, 2016. -(2) A county organized health system under subdivision (a) that holds a license under the Knox-Keene Health Care Service Plan Act of 1975 on December 31, 2015, for any product not described in subdivision (a) that is subject to the act, shall be subject to this section on and after January 1, 2017. -(3) -A county organized health system under subdivision (a) that does not hold a license under the Knox-Keene Health Care Service Plan Act of 1975 on December 31, 2015, to provide the product described in subdivision (a) or any other product that is subject to the act, shall be subject to this section on and after July 1, 2017. -SEC. 6. -Section 14499.5 of the Welfare and Institutions Code is amended to read: -14499.5. -(a) (1) In carrying out the intent of this article, the director shall contract for the operation of one local pilot program. Special consideration shall be given to approving a program contracted through county government in Santa Barbara County. -(2) Notwithstanding the limitations contained in Section 14490, the director may enter into, or extend, contracts with the local pilot program in Santa Barbara County pursuant to paragraph (1) for periods that do not exceed three years. -(b) The establishment of a pilot program pursuant to this section shall be contingent upon the availability of state and federal funding. The program shall include the following components: -(1) Local authority for administration, fiscal management, and delivery of services, but not including eligibility determination. -(2) Physician case management. -(3) Cost containment through provider incentives and other means. -(c) The program for the pilot project shall include a plan and budget for delivery of services, administration, and evaluation. During the first year of the pilot program, the amount of the state contract shall equal 95 percent of total projected Medi-Cal expenditures for delivery of services and for administration based on fee-for-service conditions in the program county. During the remaining years of the pilot project Medi-Cal expenditures in the program county shall be no more than 100 percent of total projected expenditures for delivery of services and for administration based on any combination of the following paragraphs: -(1) Relevant prior fee-for-service Medi-Cal experience in the program county. -(2) The fee-for-service Medi-Cal experience in comparable counties or groups of counties. -(3) Medi-Cal experience of the pilot project in the program county if, as determined by the department, the scope, level, and duration of, and expenditures for, any services used in setting the rates under this paragraph would be comparable to fee-for-service conditions were they to exist in the program county and would be more actuarially reliable for use in ratesetting than data available for use in applying paragraph (1) or (2). -The projected total expenditure shall be determined annually according to an acceptable actuarial process. The data elements used by the department shall be shared with the proposed contractor. -(d) The director shall accept or reject the proposal within 30 days after the date of receipt. If a decision is made to reject the proposal, the director shall set forth the reasons for this decision in writing. Upon approval of the proposal, a contract shall be written within 60 days. After signature by the local contractor, the State Department of Health Care Services and the Department of General Services shall execute the contract within 60 days. -(e) The director shall seek the necessary state and federal waivers to enable operation of the program. If the federal waivers for delivery of services under this plan are not granted, the department is under no obligation to contract for implementation of the program. -(f) Dental services may be included within the services provided in this pilot program. -(g) Any federal demonstration funding for this pilot program shall be made available to the county within 60 days upon notification of the award without the state retaining any portion not previously specified in the grant application as submitted. -(h) (1) (A) The department may negotiate exclusive contracts and rates with the Santa Barbara Regional Health Authority in the implementation of this section. -(B) Contracts entered into under this article may be on a noncompetitive bid basis and shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. -(C) The department shall enter into contracts pursuant to this article, and shall be bound by the terms and conditions related to the rates negotiated by the negotiator. -(2) The department shall implement this subdivision to the extent that the following apply: -(A) Its implementation does not revise the status of the pilot program as a federal demonstration project. -(B) Existing federal waivers apply to the pilot program as revised by this subdivision, or the federal government extends the applicability of the existing federal waivers or authorizes additional federal waivers for the implementation of the program. -(3) The implementation of this subdivision shall not affect the pilot program’s having met any of the requirements of Part 3.5 (commencing with Section 1175) of Division 1 of the Health and Safety Code and this division applicable to the pilot program with respect to the negotiations of contracts and rates by the department. -SEC. 7. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. One method by which these services are provided is pursuant to contracts with various types of managed care health plans, including through a county organized health system. -Existing law, the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene), provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. -Existing law provides the California Medical Assistance Commission with the authority to negotiate exclusive contracts with county organized health systems to provide health care services under the Medi-Cal program. Under existing law, the contracting counties are exempt from Knox-Keene for purposes of carrying out those contracts. -This bill would repeal that exemption and -deleted -delete -related exemptions, deem a county contracting with the department under the provisions described above to be a health care service -plan, -plan as of specified dates, -and subject contracting counties to the act for purposes of carrying out those contracts, unless the act expressly provides otherwise. The bill would make conforming changes. -Because a willful violation of Knox-Keene is a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 10820 of the Corporations Code, to amend Sections 1343 and 101750.5 of the Health and Safety Code, and to amend Section 14499.5 of, and to repeal and add Section 14087.95 of, the Welfare and Institutions Code, relating to Medi-Cal." -66,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3051 of the Penal Code is amended to read: -3051. -(a) (1) A youth offender parole hearing is a hearing by the Board of Parole Hearings for the purpose of reviewing the parole suitability of any prisoner who was under 23 years of age at the time of his or her controlling offense. -(2) For the purposes of this section, the following definitions shall apply: -(A) “Incarceration” means detention in a city or county jail, a local juvenile facility, a mental health facility, a Division of Juvenile Justice facility, or a Department of Corrections and Rehabilitation facility. -(B) “Controlling offense” means the offense or enhancement for which any sentencing court imposed the longest term of imprisonment. -(b) (1) A person who was convicted of a controlling offense that was committed before the person had attained 23 years of age and for which the sentence is a determinate sentence shall be eligible for release on parole at a youth offender parole hearing by the board during his or her 15th year of incarceration, unless previously released pursuant to other statutory provisions. -(2) A person who was convicted of a controlling offense that was committed before the person had attained 23 years of age and for which the sentence is a life term of less than 25 years to life shall be eligible for release on parole by the board during his or her 20th year of incarceration at a youth offender parole hearing, unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions. -(3) A person who was convicted of a controlling offense that was committed before the person had attained 23 years of age and for which the sentence is a life term of 25 years to life shall be eligible for release on parole by the board during his or her 25th year of incarceration at a youth offender parole hearing, unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions. -(c) An individual subject to this section shall meet with the board pursuant to subdivision (a) of Section 3041. -(d) The board shall conduct a youth offender parole hearing to consider release. At the youth offender parole hearing, the board shall release the individual on parole as provided in Section 3041, except that the board shall act in accordance with subdivision (c) of Section 4801. -(e) The youth offender parole hearing to consider release shall provide for a meaningful opportunity to obtain release. The board shall review and, as necessary, revise existing regulations and adopt new regulations regarding determinations of suitability made pursuant to this section, subdivision (c) of Section 4801, and other related topics, consistent with relevant case law, in order to provide that meaningful opportunity for release. -(f) (1) In assessing growth and maturity, psychological evaluations and risk assessment instruments, if used by the board, shall be administered by licensed psychologists employed by the board and shall take into consideration the diminished culpability of juveniles as compared to that of adults, the hallmark features of youth, and any subsequent growth and increased maturity of the individual. -(2) Family members, friends, school personnel, faith leaders, and representatives from community-based organizations with knowledge about the individual before the crime or his or her growth and maturity since the time of the crime may submit statements for review by the board. -(3) Nothing in this section is intended to alter the rights of victims at parole hearings. -(g) If parole is not granted, the board shall set the time for a subsequent youth offender parole hearing in accordance with paragraph (3) of subdivision (b) of Section 3041.5. In exercising its discretion pursuant to paragraph (4) of subdivision (b) and subdivision (d) of Section 3041.5, the board shall consider the factors in subdivision (c) of Section 4801. No subsequent youth offender parole hearing shall be necessary if the offender is released pursuant to other statutory provisions prior to the date of the subsequent hearing. -(h) This section shall not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or Section 667.61, or in which an individual was sentenced to life in prison without the possibility of parole. This section shall not apply to an individual to whom this section would otherwise apply, but who, subsequent to attaining 23 years of age, commits an additional crime for which malice aforethought is a necessary element of the crime or for which the individual is sentenced to life in prison. -(i) (1) The board shall complete all youth offender parole hearings for individuals who became entitled to have their parole suitability considered at a youth offender parole hearing prior to the effective date of the act that added paragraph (2) by July 1, 2015. -(2) (A) The board shall complete all youth offender parole hearings for individuals who were sentenced to indeterminate life terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added this paragraph by July 1, 2017. -(B) The board shall complete all youth offender parole hearings for individuals who were sentenced to determinate terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added this paragraph by July 1, 2021. The board shall, for all individuals described in this subparagraph, conduct the consultation described in subdivision (a) of Section 3041 before July 1, 2017. -SEC. 2. -Section 4801 of the Penal Code is amended to read: -4801. -(a) The Board of Parole Hearings may report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its judgment, ought to have a commutation of sentence or be pardoned and set at liberty on account of good conduct, or unusual term of sentence, or any other cause, including evidence of intimate partner battering and its effects. For purposes of this section, “intimate partner battering and its effects” may include evidence of the nature and effects of physical, emotional, or mental abuse upon the beliefs, perceptions, or behavior of victims of domestic violence if it appears the criminal behavior was the result of that victimization. -(b) (1) The board, in reviewing a prisoner’s suitability for parole pursuant to Section 3041.5, shall give great weight to any information or evidence that, at the time of the commission of the crime, the prisoner had experienced intimate partner battering, but was convicted of an offense that occurred prior to August 29, 1996. The board shall state on the record the information or evidence that it considered pursuant to this subdivision, and the reasons for the parole decision. The board shall annually report to the Legislature and the Governor on the cases the board considered pursuant to this subdivision during the previous year, including the board’s decisions and the specific and detailed findings of its investigations of these cases. -(2) The report for the Legislature to be submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795 of the Government Code. -(3) The fact that a prisoner has presented evidence of intimate partner battering cannot be used to support a finding that the prisoner lacks insight into his or her crime and its causes. -(c) When a prisoner committed his or her controlling offense, as defined in subdivision (a) of Section 3051, prior to attaining 23 years of age, the board, in reviewing a prisoner’s suitability for parole pursuant to Section 3041.5, shall give great weight to the diminished culpability of juveniles as compared to adults, the hallmark features of youth, and any subsequent growth and increased maturity of the prisoner in accordance with relevant case law.","Existing law generally requires the Board of Parole Hearings to conduct youth offender parole hearings to consider the release of offenders who committed specified crimes when they were under 18 years of age and who were sentenced to state prison. -This bill would instead require the Board of Parole Hearings to conduct a youth offender parole hearing for offenders sentenced to state prison who committed those specified crimes when they were under 23 years of age. The bill would require the board to complete, by July 1, 2017, all youth offender parole hearings for individuals who were sentenced to indeterminate life terms who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the bill. The bill would require the board to complete all youth offender parole hearings for individuals who were sentenced to determinate terms who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the bill by July 1, 2021, and would require the board, for these individuals, to conduct a specified consultation before July 1, 2017.","An act to amend Sections 3051 and 4801 of the Penal Code, relating to parole." -67,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 273.6 of the Penal Code is amended to read: -273.6. -(a) Any intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. -(b) In the event of a violation of subdivision (a) that results in physical inj"">(2) An order excluding one party from the family dwelling or from the dwelling of the other. -(3) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the order described in subdivision (a). -(4) Any order issued by another state that is recognized under Part 5 (commencing with Section 6400) of Division 10 of the Family Code. -(d) A subsequent conviction for a violation of an order described in subdivision (a), occurring within seven years of a prior conviction for a violation of an order described in subdivision (a) and involving an act of violence or “a credible threat” of violence, as defined in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170. -(e) In the event of a subsequent conviction for a violation of an order described in subdivision (a) for an act occurring within one year of a prior conviction for a violation of an order described in subdivision (a) that results in physical injury to a victim, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than six months nor more than one year, by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. However, if the person is imprisoned in a county jail for at least 30 days, the court may, in the interest of justice and for reasons stated in the record, reduce or eliminate the six-month minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling. -(f) The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders described in subdivisions (a), (b), (d), and (e). -(g) (1) Every person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, shall be punished under Section 29825. -(2) Every person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (f) of Section 527.9 of the Code of Civil Procedure, or subdivision (h) of Section 6389 of the Family Code. -(h) If probation is granted upon conviction of a violation of subdivision (a), (b), (c), (d), or (e), the court shall impose probation consistent with Section 1203.097, and the conditions of probation may include, in lieu of a fine, one or both of the following requirements: -(1) That the defendant make payments to a battered women’s shelter or to a shelter for abused elder persons or dependent adults, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097. -(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. -(i) For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. -(j) (1) This subdivision applies to a person who is both of the following: -(A) The person is subject to a protective order, as defined in Section 6218 of the Family Code, or a protective order issued pursuant to this code, Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code. -(B) The person is prohibited by the protective order described in subparagraph (A) from coming within a specified distance of another person. -(2) A person described in paragraph (1) shall not do either of the following: -(A) Operate an unmanned aircraft system in a way that causes an unmanned aircraft to fly within the prohibited distance of the other person. -(B) Capture images of the other person by using an unmanned aircraft system. -(3) A violation of paragraph (2) shall be a violation of the protective order. -(4) For purposes of this subdivision, the following definitions apply: -(A) “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. -(B) “Unmanned aircraft system” means an unmanned aircraft and associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SECTION 1. -Section 4210 of the -Public Resources Code -is amended to read: -4210. -The Legislature finds and declares all of the following: -(a)Fire protection of the public trust resources on lands in the state responsibility areas remains a vital interest to California. Lands that are covered in whole or in part by a diverse plant community prevent excessive erosion, retard runoff, reduce sedimentation, and accelerate water percolation to assist in the maintenance of critical sources of water for environmental, irrigation, domestic, or industrial uses. -(b)The presence of structures within state responsibility areas can pose an increased risk of fire ignition and an increased potential for fire damage within the state’s wildlands and watersheds. The presence of structures within state responsibility areas can also impair wildland firefighting techniques and could result in greater damage to state lands caused by wildfires. -(c)The costs of fire prevention activities aimed at reducing the effects of structures in state responsibility areas should be borne by the owners of the structures. -(d)Individual owners of structures within state responsibility areas receive a disproportionately larger benefit from fire prevention activities than that realized by the state’s citizens generally. -(e)It is the intent of the Legislature that the economic burden of fire prevention activities that are associated with structures in state responsibility areas shall be equitably distributed among the citizens of the state who generally benefit from those activities and those owners of structures in the state responsibility areas who receive a specific benefit other than that general benefit. -(f)It is necessary to impose a fire prevention fee to pay for fire prevention activities in the state responsibility areas that specifically benefit owners of structures in the state responsibility areas.","Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015. -Existing state law generally authorizes a court to issue an order for the protection of certain persons, including, among others, the victims of domestic violence, elder and dependent adult abuse, workplace violence, and civil harassment. Under existing law, an intentional and knowing violation of those types of protective orders is a misdemeanor. If the violation results in physical injury, or occurs within specified time periods of a previous violation, existing law imposes additional penalties. Existing law also makes the crime of stalking another person, as defined, punishable as a misdemeanor or felony. Existing law makes it a felony to commit that offense when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior. -This bill would specifically prohibit a person subject to certain protective orders, when the person is prohibited by the protective order from coming within a specified distance of another person, from operating an unmanned aircraft system in a way that causes an unmanned aircraft, as those terms are defined, to fly within the prohibited distance of the other person, or from capturing images of the other person by using an unmanned aircraft system. By creating a new crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -Existing law makes certain findings and declarations regarding fire protection of the public trust resources on lands in state responsibility areas, including that the costs of fire prevention activities aimed at reducing the effects of structures in state responsibility areas should be borne by the owners of the structures. -This bill would make nonsubstantive changes to this law.","An act to amend Section -4210 -273.6 -of the -Public Resources -Penal -Code, relating to -fire prevention. -protective orders." -68,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) New information technology has dramatically changed the way people search for and expect to find information in California. -(b) This technology has unlocked great potential for government to better serve the people it represents. A recent study estimated that digitizing government data could generate one trillion dollars in economic value worldwide through cost savings and improved operational performance. -(c) California plays a vitally important role in moving our nation forward in the world of technology. Just as the state’s thriving tech industry surges ahead in setting new standards for society, so too must California. -(d) As several nations, states, and cities have begun to embrace policies of online access to public sector data, they have enjoyed the benefits of increased operational efficiency and better collaboration. Here in California, cities across the state are turning internally gathered and maintained data into usable information for the public to access and leverage for the benefit of their communities. -(e) In moving government to a more effective digital future, standards should be adopted to ensure that data collection and publication are standardized, including uniform definitions for machine-readable data. Online portals should also be developed to assist with public access to collected data. -(f) With a public sector committed to success in the digital age, the residents and businesses of California will stand to benefit from the greater collaboration and integration, improved accountability, and increased productivity that will result. -(g) In making California government more accessible to the people of the state, paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution requires local governments to comply with the California Public Records Act and with any subsequent statutory enactment amending that act and furthering that purpose. -SEC. 2. -Section 6270.5 is added to the Government Code, to read: -6270.5. -(a) In implementing this chapter, each local agency, except a local educational agency, shall create a catalog of enterprise systems. The catalog shall be made publicly available upon request in the office of the person or officer designated by the agency’s legislative body. The catalog shall be posted in a prominent location on the local agency’s Internet Web site, if the agency has an Internet Web site. The catalog shall disclose a list of the enterprise systems utilized by the agency and, for each system, shall also disclose all of the following: -(1) Current system vendor. -(2) Current system product. -(3) A brief statement of the system’s purpose. -(4) A general description of categories or types of data. -(5) The department that serves as the system’s primary custodian. -(6) How frequently system data is collected. -(7) How frequently system data is updated. -(b) This section shall not be interpreted to limit a person’s right to inspect public records pursuant to this chapter. -(c) For purposes of this section: -(1) “Enterprise system” means a software application or computer system that collects, stores, exchanges, and analyzes information that the agency uses that is both of the following: -(A) A multidepartmental system or a system that contains information collected about the public. -(B) A system of record. -(2) “System of record” means a system that serves as an original source of data within an agency. -(3) An enterprise system shall not include any of the following: -(A) Information technology security systems, including firewalls and other cybersecurity systems. -(B) Physical access control systems, employee identification management systems, video monitoring, and other physical control systems. -(C) Infrastructure and mechanical control systems, including those that control or manage street lights, electrical, natural gas, or water or sewer functions. -(D) Systems related to 911 dispatch and operation or emergency services. -(E) Systems that would be restricted from disclosure pursuant to Section 6254.19. -(F) The specific records that the information technology system collects, stores, exchanges, or analyzes. -(d) Nothing in this section shall be construed to permit public access to records held by an agency to which access is otherwise restricted by statute or to alter the process for requesting public records, as set forth in this chapter. -(e) If, on the facts of the particular case, the public interest served by not disclosing the information described in paragraph (1) or (2) of subdivision (a) clearly outweighs the public interest served by disclosure of the record, the local agency may instead provide a system name, brief title, or identifier of the system. -(f) The local agency shall complete and post the catalog required by this section by July 1, 2016, and thereafter shall update the catalog annually. -SEC. 3. -The Legislature finds and declares that Section 2 of this act, which adds Section 6270.5 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: -Because increased information about what data is collected by local agencies could be leveraged by the public to more efficiently access and better use that information, the act furthers the purpose of Section 3 of Article I of the California Constitution. -SEC. 4. -The Legislature finds and declares that Section 2 of this act limits the public’s right of access to public documents within the meaning of paragraph (2) of subdivision (b) of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest and the need for protecting that interest: -(a) The interest protected by this limitation is the security of enterprise systems in public agencies. -(b) The need for protecting that interest is that enterprise systems can contain information that, if released to the public, could result in negative consequences. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. The act declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. -This bill would require each local agency, except a local educational agency, in implementing the California Public Records Act, to create a catalog of enterprise systems, as defined, to make the catalog publicly available upon request in the office of the person or officer designated by the agency’s legislative body, and to post the catalog on the local agency’s Internet Web site. The bill would require the catalog to disclose a list of the enterprise systems utilized by the agency, and, among other things, the current system vendor and product, unless, on the facts of the particular case, the public interest served by not disclosing that information clearly outweighs the public interest served by disclosure, in which case the local agency may instead provide a system name, brief title, or identifier of the system. Because the bill would require local agencies to perform additional duties, it would impose a state-mandated local program. -The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers this purpose. -This bill would make legislative findings to that effect. -Existing constitutional provisions require a statute that limits the right of public access to meetings or writings of public officials to be adopted with findings demonstrating the interest to be protected by that limitation and the need to protect that interest. -This bill would declare that it includes limitations on access, that the interest to be protected is the security of enterprise systems in public agencies, and that the need to protect that interest is that enterprise systems can contain information that, if released to the public, could result in negative consequences. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 6270.5 to the Government Code, relating to public records." -69,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Local educational agencies (LEA) must have an approved provider participant agreement with the State Department of Health Care Services through the federal Centers for Medicare and Medicaid Services to be eligible to provide services. To participate in the LEA Medi-Cal billing option program, LEAs must reinvest the federal reimbursement they receive under this program in health and social services for children and families, and develop and maintain a collaborative committee to assist them in decisions regarding the reinvestment of federal reimbursements. The providers and supervisors of staff for the assessment and medically necessary health services are those qualified medical practitioners the LEA employs or contracts with to render certain health services. -(b) The LEA billing option facilitates reinvestment in health and social services for students and their families so that schools can foster access to and provide comprehensive health services to eligible Medi-Cal students. -(c) The funds are reimbursement for olled on or after January 1, 1993, to provide services pursuant to this section may bill for those services provided on or after January 1, 1993. -(c) Nothing in this section shall be interpreted to expand the current category of professional health care practitioners permitted to directly bill the Medi-Cal program. -(d) Nothing in this section is intended to increase the scope of practice of any health professional providing services under this section or Medi-Cal requirements for physician prescription, order, and supervision. -(e) (1) For the purposes of this section, the local educational agency, as a condition of enrollment to provide services under this section, shall be considered the provider of services. A local educational agency provider, as a condition of enrollment to provide services under this section, shall enter into, and maintain, a contract with the department in accordance with guidelines contained in regulations adopted by the director and published in Title 22 of the California Code of Regulations. -(2) Notwithstanding paragraph (1), a local educational agency providing services pursuant to this section shall utilize current safety net and traditional health care providers, when those providers are accessible to specific schoolsites identified by the local educational agency to participate in this program, rather than adding duplicate capacity. -(f) For the purposes of this section, covered services may include all of the following local educational agency services: -(1) Health and mental health evaluations and health and mental health education. -(2) Medical transportation. -(A) The following provisions shall not apply to medical transportation eligible to be billed under this section: -(i) Section 51323(a)(2)(A) of Title 22 of the California Code of Regulations. -(ii) Section 51323(a)(3)(B) of Title 22 of the California Code of Regulations. -(iii) For students whose medical or physical condition does not require the use of a gurney, Section 51231.1(f) of Title 22 of the California Code of Regulations. -(iv) For students whose medical or physical condition does not require the use of a wheelchair, Section 51231.2(e) of Title 22 of the California Code of Regulations. -(B) (i) Subparagraph (A) shall become inoperative on January 1, 2018, or on the date the director executes a declaration stating that the regulations implementing subparagraph (A) and Section 14118.5 have been updated, whichever is later. -(ii) The department shall post the declaration executed under clause (i) on its Internet Web site and transmit a copy of the declaration to the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review and the LEA Ad Hoc Workgroup. -(iii) If subparagraph (A) becomes inoperative on January 1, 2018, subparagraph (A) and this subparagraph shall be inoperative on January 1, 2018, unless a later enacted statute enacted before that date, deletes or extends that date. -(iv) If subparagraph (A) becomes inoperative on the date the director executes a declaration as described in clause (i), subparagraph (A) and this subparagraph shall be inoperative on the January 1 immediately following the date subparagraph (A) becomes inoperative, unless a later enacted statute enacted before that date, deletes or extends that date. -(3) Nursing services. -(4) Occupational therapy. -(5) Physical therapy. -(6) Physician services. -(7) Mental health and counseling services. -(8) School health aide services. -(9) Speech pathology services. These services may be provided by either of the following: -(A) A licensed speech pathologist. -(B) A credentialed speech-language pathologist, to the extent authorized by Chapter 5.3 (commencing with Section 2530) of Division 2 of the Business and Professions Code. -(10) Audiology services. -(11) Targeted case management services for children regardless of whether the child has an individualized education plan (IEP) or an individualized family service plan (IFSP). -(g) Local educational agencies may, but need not, provide any or all of the services specified in subdivision (f). -(h) For the purposes of this section, “local educational agency” means the governing body of any school district or community college district, the county office of education, a charter school, a state special school, a California State University campus, or a University of California campus. -(i) Notwithstanding any other law, a community college district, a California State University campus, or a University of California campus, consistent with the requirements of this section, may bill for services provided to any student, regardless of age, who is a Medi-Cal recipient. -(j) No later than July 1, 2013, and every year thereafter, the department shall make publicly accessible an annual accounting of all funds collected by the department from federal Medicaid payments allocable to local educational agencies, including, but not limited to, the funds withheld pursuant to subdivision (g) of Section 14115.8. The accounting shall detail amounts withheld from federal Medicaid payments to each participating local educational agency for that year. One-time costs for the development of this accounting shall not exceed two hundred fifty thousand dollars ($250,000). -(k) (1) If the requirements in paragraphs (2) and (4) are satisfied, the department shall seek federal financial participation for covered services that are provided by a local educational agency pursuant to subdivision (a) to a child who is an eligible Medi-Cal beneficiary, regardless of either of the following: -(A) Whether the child has an IEP or an IFSP. -(B) Whether those same services are provided at no charge to the beneficiary or to the community at large. -(2) The local educational agency shall take all reasonable measures to ascertain and pursue claims for payment of covered services specified in this section against legally liable third parties pursuant to Section 1902(a)(25) of the federal Social Security Act (42 U.S.C. Sec. 1396a(a)(25)). -(3) If a legally liable third party receives a claim submitted by a local educational agency pursuant to paragraph (2), the legally liable third party shall either reimburse the claim or issue a notice of denial of noncoverage of services or benefits. If there is no response to a claim submitted to a legally liable third party by a local educational agency within 45 days, the local educational agency may bill the Medi-Cal program pursuant to subdivision (b). The local educational agency shall retain a copy of the claim submitted to the legally liable third party for a period of three years. -(4) This subdivision shall not be implemented until the department obtains any necessary federal approvals.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides that specified services, including targeted case management services for children with an individualized education plan (IEP) or an individualized family service plan (IFSP), provided by local educational agencies (LEAs) are covered Medi-Cal benefits, and authorizes an LEA to bill for those services. Existing law requires the department to perform various activities with respect to the billing option for services provided by LEAs. Existing law defines an LEA as the governing body of any school district or community college district, the county office of education, a state special school, a California State University campus, or a University of California campus. -This bill would require the department to seek federal financial participation for covered services that are provided by an LEA to a child who is an eligible Medi-Cal beneficiary regardless of whether the child has an IEP or an IFSP, or whether those same services are provided at no charge to the beneficiary or to the community at large, if the LEA takes all reasonable measures to ascertain and pursue claims for payment of covered services against legally liable 3rd parties. The bill would require a legally liable 3rd party to either reimburse the claim or issue a notice of denial of noncoverage of services or benefits if the legally liable 3rd party receives a claim for payment of covered services submitted by an LEA. The bill would authorize an LEA to bill the Medi-Cal program if there is no response to a claim for payment of covered services submitted to a legally liable 3rd party within 45 days, and would require the LEA to retain a copy of the claim submitted to the legally liable 3rd party for a period of 3 years. The bill would expand the definition of an LEA to include the governing body of a charter school. The bill would provide that these provisions shall not be implemented until the department obtains necessary federal approvals. -This bill would also expand the authority of an LEA to provide targeted case management services.","An act to amend Section 14132.06 of the Welfare and Institutions Code, relating to Medi-Cal." -70,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 120325 of the Health and Safety Code is amended to read: -120325. -In enacting this chapter, but excluding Section 120380, and in enacting Sections 120400, 120405, 120410, and 120415, it is the intent of the Legislature to provide: -(a) A means for the eventual achievement of total immunization of appropriate age groups against the following childhood diseases: -(1) Diphtheria. -(2) Hepatitis B. -(3) Haemophilus influenzae type b. -(4) Measles. -(5) Mumps. -(6) Pertussis (whooping cough). -(7) Poliomyelitis. -(8) Rubella. -(9) Tetanus. -(10) Varicella (chickenpox). -(11) Any other disease deemed appropriate by the department, taking into consideration the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians. -(b) That the persons required to be immunized be allowed to obtain immunizations from whatever medical source they so desire, subject only to the condition that the immunization be performed in accordance with the regulations of the department and that a record of the immunization is made in accordance with the regulations. -(c) Exemptions from immunization for medical reasons. -(d) For the keeping of adequate records of immunization so that health departments, schools, and other institutions, parents or guardians, and the persons immunized will be able to ascertain that a child is fully or only partially immunized, and so that appropriate public agencies will be able to ascertain the immunization needs of groups of children in schools or other institutions. -(e) Incentives to public health authorities to design innovative and creative programs that will promote and achieve full and timely immunization of children. -SEC. 2. -Section 120335 of the Health and Safety Code is amended to read: -120335. -(a) As used in this chapter, “governing authority” means the governing board of each school district or the authority of each other private or public institution responsible for the operation and control of the institution or the principal or administrator of each school or institution. -(b) The governing authority shall not unconditionally admit any person as a pupil of any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless, prior to his or her first admission to that institution, he or she has been fully immunized. The following are the diseases for which immunizations shall be documented: -(1) Diphtheria. -(2) Haemophilus influenzae type b. -(3) Measles. -(4) Mumps. -(5) Pertussis (whooping cough). -(6) Poliomyelitis. -(7) Rubella. -(8) Tetanus. -(9) Hepatitis B. -(10) Varicella (chickenpox). -(11) Any other disease deemed appropriate by the department, taking into consideration the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians. -(c) Notwithstanding subdivision (b), full immunization against hepatitis B shall not be a condition by which the governing authority shall admit or advance any pupil to the 7th grade level of any private or public elementary or secondary school. -(d) The governing authority shall not unconditionally admit or advance any pupil to the 7th grade level of any private or public elementary or secondary school unless the pupil has been fully immunized against pertussis, including all pertussis boosters appropriate for the pupil’s age. -(e) The department may specify the immunizing agents that may be utilized and the manner in which immunizations are administered. -(f) This section does not apply to a pupil in a home-based private school or a pupil who is enrolled in an independent study program pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of the Education Code and does not receive classroom-based instruction. -(g) (1) A pupil who, prior to January 1, 2016, submitted a letter or affidavit on file at a private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center stating beliefs opposed to immunization shall be allowed enrollment to any private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center within the state until the pupil enrolls in the next grade span. -(2) For purposes of this subdivision, “grade span” means each of the following: -(A) Birth to preschool. -(B) Kindergarten and grades 1 to 6, inclusive, including transitional kindergarten. -(C) Grades 7 to 12, inclusive. -(3) Except as provided in this subdivision, on and after July 1, 2016, the governing authority shall not unconditionally admit to any of those institutions specified in this subdivision for the first time, or admit or advance any pupil to 7th grade level, unless the pupil has been immunized for his or her age as required by this section. -(h) This section does not prohibit a pupil who qualifies for an individualized education program, pursuant to federal law and Section 56026 of the Education Code, from accessing any special education and related services required by his or her individualized education program. -SEC. 3. -Section 120338 is added to the Health and Safety Code, to read: -120338. -Notwithstanding Sections 120325 and 120335, any immunizations deemed appropriate by the department pursuant to paragraph (11) of subdivision (a) of Section 120325 or paragraph (11) of subdivision (b) of Section 120335, may be mandated before a pupil’s first admission to any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, only if exemptions are allowed for both medical reasons and personal beliefs. -SEC. 4. -Section 120365 of the Health and Safety Code is repealed. -SEC. 5. -Section 120370 of the Health and Safety Code is amended to read: -120370. -(a) If the parent or guardian files with the governing authority a written statement by a licensed physician to the effect that the physical condition of the child is such, or medical circumstances relating to the child are such, that immunization is not considered safe, indicating the specific nature and probable duration of the medical condition or circumstances, including, but not limited to, family medical history, for which the physician does not recommend immunization, that child shall be exempt from the requirements of Chapter 1 (commencing with Section 120325, but excluding Section 120380) and Sections 120400, 120405, 120410, and 120415 to the extent indicated by the physician’s statement. -(b) If there is good cause to believe that a child has been exposed to a disease listed in subdivision (b) of Section 120335 and his or her documentary proof of immunization status does not show proof of immunization against that disease, that child may be temporarily excluded from the school or institution until the local health officer is satisfied that the child is no longer at risk of developing or transmitting the disease. -SEC. 6. -Section 120375 of the Health and Safety Code is amended to read: -120375. -(a) The governing authority of each school or institution included in Section 120335 shall require documentary proof of each entrant’s immunization status. The governing authority shall record the immunizations of each new entrant in the entrant’s permanent enrollment and scholarship record on a form provided by the department. The immunization record of each new entrant admitted conditionally shall be reviewed periodically by the governing authority to ensure that within the time periods designated by regulation of the department he or she has been fully immunized against all of the diseases listed in Section 120335, and immunizations received subsequent to entry shall be added to the pupil’s immunization record. -(b) The governing authority of each school or institution included in Section 120335 shall prohibit from further attendance any pupil admitted conditionally who failed to obtain the required immunizations within the time limits allowed in the regulations of the department, unless the pupil is exempted under Section 120370, until that pupil has been fully immunized against all of the diseases listed in Section 120335. -(c) The governing authority shall file a written report on the immunization status of new entrants to the school or institution under their jurisdiction with the department and the local health department at times and on forms prescribed by the department. As provided in paragraph (4) of subdivision (a) of Section 49076 of the Education Code, the local health department shall have access to the complete health information as it relates to immunization of each student in the schools or other institutions listed in Section 120335 in order to determine immunization deficiencies. -(d) The governing authority shall cooperate with the county health officer in carrying out programs for the immunization of persons applying for admission to any school or institution under its jurisdiction. The governing board of any school district may use funds, property, and personnel of the district for that purpose. The governing authority of any school or other institution may permit any licensed physician or any qualified registered nurse as provided in Section 2727.3 of the Business and Professions Code to administer immunizing agents to any person seeking admission to any school or institution under its jurisdiction.","Existing law prohibits the governing authority of a school or other institution from unconditionally admitting any person as a pupil of any public or private elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless prior to his or her admission to that institution he or she has been fully immunized against various diseases, including measles, mumps, and pertussis, subject to any specific age criteria. Existing law authorizes an exemption from those provisions for medical reasons or because of personal beliefs, if specified forms are submitted to the governing authority. Existing law requires the governing authority of a school or other institution to require documentary proof of each entrant’s immunization status. Existing law authorizes the governing authority of a school or other institution to temporarily exclude a child from the school or institution if the authority has good cause to believe that the child has been exposed to one of those diseases, as specified. -This bill would eliminate the exemption from existing specified immunization requirements based upon personal beliefs, but would allow exemption from future immunization requirements deemed appropriate by the State Department of Public Health for either medical reasons or personal beliefs. The bill would exempt pupils in a home-based private school and students enrolled in an independent study program and who do not receive classroom-based instruction, pursuant to specified law from the prohibition described above. The bill would allow pupils who, prior to January 1, 2016, have a letter or affidavit on file at a private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center stating beliefs opposed to immunization, to be enrolled in any private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center within the state until the pupil enrolls in the next grade span, as defined. Except as under the circumstances described above, on and after July 1, 2016, the bill would prohibit a governing authority from unconditionally admitting to any of those institutions for the first time or admitting or advancing any pupil to the 7th grade level, unless the pupil has been immunized as required by the bill. The bill would specify that its provisions do not prohibit a pupil who qualifies for an individualized education program, pursuant to specified laws, from accessing any special education and related services required by his or her individualized education program. The bill would narrow the authorization for temporary exclusion from a school or other institution to make it applicable only to a child who has been exposed to a specified disease and whose documentary proof of immunization status does not show proof of immunization against one of the diseases described above. The bill would make conforming changes to related provisions.","An act to amend Sections 120325, 120335, 120370, and 120375 of, to add Section 120338 to, and to repeal Section 120365 of, the Health and Safety Code, relating to public health." -71,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 9050 of the Elections Code is amended to read: -9050. -After the Secretary of State determines that a measure will appear on the ballot at the next statewide election, the Secretary of State shall promptly transmit a copy of the measure to the Legislative Analyst. The Legislative Analyst shall provide and return to the Secretary of State a ballot title and summary and ballot label for the measure. The Legislative Analyst shall prepare a ballot title and summary and ballot label for each measure submitted to the voters of the whole state by a date sufficient to meet the ballot pamphlet public display deadlines. -SEC. 2. -Section 9051 of the Elections Code is amended to read: -9051. -(a) (1) The ballot title and summary may differ from the legislative, circulating, or other title and summary of the measure and shall not exceed 100 words, not including the fiscal impact. -(2) The ballot title and summary shall be amended to include a summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code. -(b) The ballot label shall not contain more than 75 words and shall be a condensed version of the ballot title and summary including the financial impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code. -(c) In preparing the ballot title and summary, the Legislative Analyst shall give a true and impartial statement of the purpose of the measure in such language that the ballot title and summary shall neither be an argument, nor be likely to create prejudice, for or against the proposed measure. -(d) The Legislative Analyst shall invite and consider public comment in preparing each ballot title and summary. -SEC. 3. -Section 9053 of the Elections Code is amended to read: -9053. -A measure shall be designated on the ballot by the ballot label certified to the Secretary of State by the Legislative Analyst. -SEC. 4. -Section 9086 of the Elections Code is amended to read: -9086. -The ballot pamphlet shall contain -, -as to each state measure to be voted upon, the -following, -following -in the order set forth in this section: -(a) (1) Upon the top portion of the first page, and not exceeding one-third of the page, shall appear: -(A) Identification of the measure by number and title. -(B) The official summary prepared by the Legislative Analyst. -(C) The total number of votes cast for and against the measure in both the State Senate and -Assembly, -Assembly -if the measure was passed by the Legislature. -(2) The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Section 9087 of this code and Section 88003 of the Government Code shall not be included when measuring the amount of space the information described in paragraph (1) has taken for purposes of determining compliance with the restriction prohibiting the information described in paragraph (1) from exceeding one-third of the page. -(b) Beginning at the top of the right page shall appear the analysis prepared by the Legislative Analyst, provided that the analysis fits on a single page. If it does not fit on a single page, the analysis shall begin on the lower portion of the first left page and shall continue on subsequent pages until it is completed. -(c) Immediately below the analysis prepared by the Legislative Analyst shall appear a printed statement that refers voters to the Secretary of State’s Internet Web site for a list of committees primarily formed to support or oppose a ballot measure, and information on how to access the committee’s top 10 contributors. -(d) Arguments for and against the measure shall be placed on the next left and right pages, respectively, following the final page of the analysis of the Legislative Analyst. The rebuttals shall be placed immediately below the arguments. -(e) If no argument against the measure has been submitted, the argument for the measure shall appear on the right page facing the analysis. -(f) The complete text of each measure shall appear at the back of the pamphlet. The text of the measure shall contain the provisions of the proposed measure and the existing provisions of law repealed or revised by the measure. The provisions of the proposed measure differing from the existing provisions of law affected shall be distinguished in print, so as to facilitate comparison. -(g) The following statement shall be printed at the bottom of each page where arguments appear: “Arguments printed on this page are the opinions of the authors, and have not been checked for accuracy by any official agency.” -SEC. 5. -Section 9087 of the Elections Code is amended to read: -9087. -(a) The Legislative Analyst shall prepare an impartial analysis of the measure describing the measure and including a fiscal analysis of the measure showing the amount of any increase or decrease in revenue or cost to state or local government. If it is estimated that a measure would result in increased cost to the state, an analysis of the measure’s estimated impact on the state shall be provided, including an estimate of the percentage of the General Fund that would be expended due to the measure, using visual aids when appropriate. An estimate of increased cost to the state or local governments shall be set out in boldface print in the ballot pamphlet. -(b) The analysis shall be written in clear and concise terms, so as to be easily understood by the average voter, and shall avoid the use of technical terms wherever possible. The analysis may contain background information, including the effect of the measure on existing law and the effect of enacted legislation which will become effective if the measure is adopted, and shall generally set forth in an impartial manner the information the average voter needs to adequately understand the measure. To the extent practicable, the Legislative Analyst shall use a uniform method in each analysis to describe the estimated increase or decrease in revenue or cost of a measure, so that the average voter may draw comparisons among the fiscal impacts of measures. The condensed statement of the fiscal impact summary for the measure prepared by the Legislative Analyst to appear on the ballot shall contain the uniform estimate of increase or decrease in revenue or cost of the measure prepared pursuant to this subdivision. -(c) The Legislative Analyst may contract with a professional writer, educational specialist, or another person for assistance in writing an analysis that fulfills the requirements of this section, including the requirement that the analysis be written so that it will be easily understood by the average voter. The Legislative Analyst may also request the assistance of a state department, agency, or official in preparing his or her analysis. -(d) Before submitting the analysis to the Secretary of State, the Legislative Analyst shall submit the analysis to a committee of five persons, appointed by the Legislative Analyst, for the purpose of reviewing the analysis to confirm its clarity and easy comprehension to the average voter. The committee shall be drawn from the public at large, and one member shall be a specialist in education, one member shall be bilingual, and one member shall be a professional writer. Members of the committee shall be reimbursed for reasonable and necessary expenses incurred in performing their duties. Within five days of the submission of the analysis to the committee, the committee shall make recommendations to the Legislative Analyst as it deems appropriate to guarantee that the analysis can be easily understood by the average voter. The Legislative Analyst shall consider the committee’s recommendations, and he or she shall incorporate in the analysis those changes recommended by the committee that he or she deems to be appropriate. The Legislative Analyst is solely responsible for determining the content of the analysis required by this section. -(e) (1) The title and summary of any measure that appears on the ballot shall be amended to contain a summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact. -(2) For state bond measures that are submitted to the voters for their approval or rejection, the summary of the Legislative Analyst’s estimate described in paragraph (1) shall include an explanatory table of the information in the summary. -SEC. 6. -Section 13262 of the Elections Code is amended to read: -13262. -(a) The ballot shall contain the same material as to candidates and measures, and shall be printed in the same order as provided for paper ballots, and may be arranged in parallel columns on one or more ballot cards as required, except that the column in which the voter marks his or her choices may be at the left of the names of candidates and the designation of measures. -(b) If there are a greater number of candidates for an office or for a party nomination for an office than the number whose names can be placed on one pair of facing ballot pages, a series of overlaying pages printed only on the same, single side shall be used, and the ballot shall be clearly marked to indicate that the list of candidates for the office is continued on the following page or pages. If the names of candidates for the office are not required to be rotated, they shall be rotated by groups of candidates in a manner so that the name of each candidate shall appear on each page of the ballot in approximately the same number of precincts as the names of all other candidates. -(c) Space shall be provided on the ballot or on a separate write-in ballot to permit voters to write in names not printed on the ballot when authorized by law. The size of the voting square and the spacing of the material may be varied to suit the conditions imposed by the use of ballot cards, provided the size of the type is not reduced below the minimum size requirements set forth in Chapter 2 (commencing with Section 13100). -(d) The statement of measure submitted to the voters may be abbreviated if necessary on the ballot, if each and every statement of measure on that ballot is abbreviated. Any abbreviation of matters to be voted on throughout the state shall be composed by the Legislative Analyst. -SEC. 7. -Section 13282 of the Elections Code is amended to read: -13282. -Whenever the Legislative Analyst prepares a ballot label, the Legislative Analyst shall file a copy of the ballot label with the Secretary of State. The Secretary of State shall make a copy of the ballot label available for public examination before the printing of the ballot label on any ballot. The public shall be permitted to examine the ballot label for at least 20 days, and the Secretary of State may consolidate the examination requirement under this section with the public examination requirements set forth in Section 9092. A voter may seek a writ of mandate requiring a ballot label, or portion thereof, to be amended or deleted. The provisions set forth in Section 9092 concerning the issuance of the writ and the nature of the proceedings shall be applicable to this section. -SEC. 8. -Section 18602 of the Elections Code is amended to read: -18602. -A person working for the proponent or proponents of a statewide initiative or referendum measure who covers or otherwise obscures the summary of the measure prepared by the Legislative Analyst from the view of a prospective signer is guilty of a misdemeanor. -SEC. 9. -Section 88002 of the Government Code is amended to read: -88002. -The ballot pamphlet shall contain -, -as to each state measure to be voted upon, the following in the order set forth in this section: -(a) (1) Upon the top portion of the first page -, -and not exceeding one-third of the page -, -shall appear: -(A) The identification of the measure by number and title. -(B) The official summary prepared by the Legislative Analyst. -(C) The total number of votes cast for and against the measure in both the State Senate and Assembly if the measure was passed by the Legislature. -(2) The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Section 9087 of the Elections Code and Section 88003 of this code shall not be included when measuring the amount of space the information described in paragraph (1) has taken for purposes of determining compliance with the restriction prohibiting the information described in paragraph (1) from exceeding one-third of the page. -(b) Beginning at the top of the right page shall appear the analysis prepared by the Legislative Analyst, provided that the analysis fits on a single page. If it does not fit on a single page, then the analysis shall begin on the lower portion of the first left page and shall continue on subsequent pages until it is completed. -(c) Immediately below the analysis prepared by the Legislative Analyst shall appear a printed statement that refers voters to the Secretary of State’s Internet Web site for a list of committees primarily formed to support or oppose a ballot measure, and information on how to access the committee’s top 10 contributors. -(d) Arguments for and against the measure shall be placed on the next left and right pages, respectively, following the page on which the analysis of the Legislative Analyst ends. The rebuttals shall be placed immediately below the arguments. -(e) If no argument against the measure has been submitted, the argument for the measure shall appear on the right page facing the analysis. -(f) The complete text of each measure shall appear at the back of the pamphlet. The text of the measure shall contain the provisions of the proposed measure and the existing provisions of law repealed or revised by the measure. The provisions of the proposed measure differing from the existing provisions of law affected shall be distinguished in print, so as to facilitate comparison. -(g) The following statement shall be printed at the bottom of each page where arguments appear: “Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency.” -SEC. 10. -The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.","Existing law requires the Attorney General to provide a ballot label and a ballot title for each measure to be submitted to the voters at a statewide election. Existing law requires the Attorney General to prepare a summary of the chief purposes and points of each statewide ballot measure as part of the ballot title. Existing law, including provisions of the Political Reform Act of 1974, requires that the ballot pamphlet contain, among other things, the official summary prepared by the Attorney General. -This bill would require the Legislative Analyst, instead of the Attorney General, to prepare the ballot label and the ballot title and summary for all measures submitted to the voters of the state. The bill would also make conforming changes. -The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a -2/3 -vote of each house and compliance with specified procedural requirements. -This bill would declare that it furthers the purposes of the act.","An act to amend Sections 9050, 9051, 9053, 9086, 9087, 13262, 13282, and 18602 of the Elections Code, and to amend Section 88002 of the Government Code, relating to elections." -72,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 21200 of the Financial Code is amended to read: -21200. -(a) Except as otherwise provided in this chapter, no pawnbroker shall charge or receive compensation at a rate exceeding the sum of the following: -(1) Three percent per month on the unpaid principal balance of any loan. -(2) A charge not exceeding three dollars ($3) a month on any loan when the monthly charge permitted by paragraph (1) would otherwise be less. -(b) One month’s interest may be charged for any part of the month in which pawned property is redeemed. -SEC. 2. -Section 21200.1 of the Financial Code is amended to read: -21200.1. -A loan setup fee of five dollars ($5) or 3 percent, whichever is greater, may be charged for each loan. However, the maximum loan setup fee shall not exceed thirty dollars ($30). Loan setup fees are in addition to any other allowed charges. -SEC. 3. -Section 21200.5 of the Financial Code is amended to read: -21200.5. -A pawnbroker may charge as prescribed in the following schedule: - - -Schedule of Charges - - -(a) A charge not exceeding three dollars ($3) may be made on any loan for not more than three months which does not exceed nineteen dollars and ninety-nine cents ($19.99). -(b) A charge not exceeding six dollars ($6) may be made on any loan for not more than three months of twenty dollars ($20) or more, but not exceeding forty-nine dollars and ninety-nine cents ($49.99). -(c) A charge not exceeding nine dollars ($9) may be made on any loan for not more than three months of fifty dollars ($50) or more, but not exceeding seventy-four dollars and ninety-nine cents ($74.99). -(d) A charge not exceeding twelve dollars ($12) may be made on any loan for not more than three months of seventy-five dollars ($75) or more, but not exceeding ninety-nine dollars and ninety-nine cents ($99.99). -(e) A charge not exceeding fifteen dollars ($15) may be made on any loan for not more than three months of one hundred dollars ($100) or more, but not exceeding one hundred seventy-four dollars and ninety-nine cents ($174.99). -(f) A charge not exceeding 9 percent may be made on any loan for not more than three months on any loan of one hundred seventy-five dollars ($175) or more, but not exceeding two thousand four hundred ninety-nine dollars and ninety-nine cents ($2,499.99). -(g) The monthly charge for any extension of a written contract required by Section 21201 or 21201.5 shall be computed in accordance with the provisions of Section 21200. -(h) The schedule of charges prescribed by this section shall be posted in a place clearly visible to the general public. -SEC. 4. -Section 21200.6 of the Financial Code is amended to read: -21200.6. -(a) In addition to other allowed charges, at the time property is redeemed or a replacement loan is issued pursuant to Section 21201.5, the pawnbroker may collect a handling and storage charge for pawned articles. The maximum amount that may be charged pursuant to this section is in accordance with the following schedule: -(1) One dollar ($1) for any article that can be contained within one cubic foot. -(2) Five dollars ($5) for any article that cannot be contained within one cubic foot but can be contained within three cubic feet. -(3) Ten dollars ($10) for any article that cannot be contained within three cubic feet but can be contained within six cubic feet. -(4) Twenty dollars ($20) for any article that cannot be contained within six cubic feet and one dollar ($1) for each additional cubic foot in excess of six cubic feet. -(b) For purposes of this section, cubic feet shall be determined by multiplying the width of an article, at its greatest width, by the depth of an article, at its greatest depth, by the height of an article, at its greatest height. -SEC. 5. -Section 21201 of the Financial Code is amended to read: -21201. -(a) Every loan made by a pawnbroker for which goods are received in pledge as security shall be evidenced by a written contract, a copy of which shall be furnished to the pledgor. The loan contract shall provide a loan period that is a minimum of four months, shall set forth the loan period and the date on which the loan is due and payable, and shall clearly inform the pledgor of his or her right to redeem the pledge during the loan period. -(b) Every loan contract shall contain the following notice, in at least 8-point boldface type and circumscribed by a box, immediately above the space for the pledgor’s signature: - -“You may redeem the property you have pledged at any time until the close of business on ____ [fill in date no less than four months from date loan begins]. To redeem, you must pay the amount of the loan and the applicable charges which have accrued through the date on which you redeem.” - -(c) Every pawnbroker shall retain in his or her possession every article pledged to him or her for the duration of the loan period. During such period the pledgor may redeem the articles upon payment of the amount of the loan and the applicable charges. If the pledgor and the pawnbroker agree in writing that the pawned property may be stored off premises, following the request for redemption of the loan, the pawnbroker shall return the pledged property to the pledgor the next calendar day when both the pawnbroker’s store and the storage facility are open, not to exceed two business days. -(d) If any pledged article is not redeemed during the loan period as provided herein, and the pledgor and pawnbroker do not mutually agree in writing to extend the loan period, the pawnbroker shall notify the pledgor within one month after expiration of the loan period. If the pawnbroker fails to notify the pledgor within one month after the expiration of the loan period, the pawnbroker shall not charge interest from the day after the expiration of the one-month period. The pawnbroker shall notify the pledgor at his or her last known mailing or electronic address of the termination of the loan period, by a means for which verification of mailing or, at the sole option of the pledgor, electronic transmission of the notification can be provided by the pawnbroker, and extending the right of redemption, during posted business hours, for a period of 10 days from date of mailing or electronic transmission of that notice. Electronic notice of the termination of the loan period shall be valid if the pledgor has previously responded to an electronic communication sent by the pawnbroker to the pledgor’s last known electronic address provided by the pledgor. Upon the initiation of each new or replacement loan, the pledgor shall affirm that the current electronic address on file with the pawnbroker is valid. The 10-day notice shall state, in substantially the same format as the following: “If the tenth day falls on a day when the pawnshop is closed, the time period is extended to the next day that the pawnshop is open.” -(e) The posted schedule of charges required pursuant to Section 21200.5 shall contain a notice informing the pledgor that if he or she desires, the pawnbroker shall send the notice of termination of the loan period by registered or certified mail with return receipt requested, upon prepayment of the mailing costs. -(f) If any pledged article is not redeemed within the 10-day notice period, the pawnbroker shall become vested with all right, title, and interest of the pledgor, or his or her assigns, to the pledged article, to hold and dispose of as his or her own property. Any other provision of law relating to the foreclosure and sale of pledges shall not be applicable to any pledge the title to which is transferred in accordance with this section. The pawnbroker shall not sell any article of pledged property until he or she has become vested with the title to that property pursuant to this section. -(g) The sale of pledged property is a misdemeanor pursuant to Section 21209. -SEC. 6. -Section 21201.2 of the Financial Code is amended to read: -21201.2. -If the pledgor fails to redeem any pawned item during the loan period, thereby obliging the pawnbroker to mail or electronically transmit the notice required under Section 21201, the pawnbroker may charge a fee of up to three dollars ($3) for services and costs pertaining to the preparation of the notice, in addition to any other allowed charges. -SEC. 7. -Section 21205 is added to the Financial Code, to read: -21205. -Representatives of the pawnbroker industry shall poll their members annually to gather data relating to the current financial condition of the California pawn industry. -SEC. 8. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law regulates pawnbrokers and sets the maximum compensation charged or received by pawnbrokers on loans to their customers. A knowing violation of the provisions regulating pawnbrokers is a crime. -Existing law provides a schedule of maximum charges for 21 loan brackets for the first 3 months of any loan. -This bill, in that schedule, would consolidate the 21 loan brackets into 6 and set maximum charges within those brackets. -Existing law, among other things, limits the charge for the 4th and subsequent months of a loan to 2.5% per month on the unpaid balance, as specified. -This bill would increase the charge limit for the 4th and subsequent months to 3% per month. -Existing law permits a loan setup fee of the greater of $5 or 2% of the loan amount, not to exceed $10. -This bill would adjust the permitted loan setup fee to the greater of either $5 or 3% of the loan amount, not to exceed $30. -Existing law establishes the maximum amount, irrespective of the duration of the loan, that may be charged based on size of pawned articles, as specified, and prohibits a storage charge for any article that can be contained within one cubic foot. -This bill would permit a pawnbroker to additionally charge a maximum of $1 for handling and storage of any article that can be contained within one cubic foot. -Existing law requires a written contract that provides a 4-month loan period for every loan made by a pawnbroker for which goods are received in pledge as security and, under specified circumstances, requires a pawnbroker to notify the borrower at his or her last known address of the termination of the loan period, by a means for which verification of mailing or delivery of the notification can be provided by the pawnbroker, and provides for extending the right of redemption for a period of 10 days from the date that notice is mailed. -This bill instead would require a minimum 4-month loan period and would require the pawnbroker to provide that notification to the pledgor at his or her last known mailing or electronic address, by a means for which verification of mailing or, at the sole option of the pledgor, electronic transmission of the notification can be provided by the pawnbroker, as specified. -This bill also would require representatives of the pawnbroker industry to poll their members annually to gather data relating to the current financial condition of the California pawn industry. -Because a knowing violation of these provisions by a pawnbroker would be a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 21200, 21200.1, 21200.5, 21200.6, 21201, and 21201.2 of, and to add Section 21205 to, the Financial Code, relating to pawnbrokers." -73,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 131019.5 of the Health and Safety Code is amended to read: -131019.5. -(a) For purposes of this section, the following definitions shall apply: -(1) “Determinants of equity” means social, economic, geographic, political, and physical environmental conditions that lead to the creation of a fair and just society. -(2) “Health equity” means efforts to ensure that all people have full and equal access to opportunities that enable them to lead healthy lives. -(3) “Health and mental health disparities” means differences in health and mental health status among distinct segments of the population, including differences that occur by gender, age, race or ethnicity, sexual orientation, gender identity, education or income, disability or functional impairment, or geographic location, or the combination of any of these factors. -(4) “Health and mental health inequities” means disparities in health or mental health, or the factors that shape health, that are systemic and avoidable and, therefore, considered unjust or unfair. -(5) “Vulnerable communities” include, but are not limited to, women, racial or ethnic groups, low-income individuals and families, individuals who are incarcerated and those who have been incarcerated, individuals with disabilities, individuals with mental health conditions, children, youth and young adults, seniors, immigrants and refugees, individuals who have experienced trauma related to genocide, individuals who are limited English proficient (LEP), and lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQQ) communities, or combinations of these populations. -(6) “Vulnerable places” means places or communities with inequities in the social, economic, educational, or physical environment or environmental health and that have insufficient resources or capacity to protect and promote the health and well-being of their residents. -(b) The State Department of Public Health shall establish an Office of Health Equity for the purposes of aligning state resources, decisionmaking, and programs to accomplish all of the following: -(1) Achieve the highest level of health and mental health for all people, with special attention focused on those who have experienced socioeconomic disadvantage and historical injustice, including, but not limited to, vulnerable communities; culturally, linguistically, and geographically isolated communities; and communities that have experienced trauma related to genocide. -(2) Work collaboratively with the Health in All Policies Task Force to promote work in order to prevent injury and illness through improved social and environmental factors that promote health and mental health. -(3) Advise and assist other state departments in their mission to increase access to, and the quality of, culturally and linguistically competent health and mental health care and services. -(4) Improve the health status of all populations and places, with a priority on eliminating health and mental health disparities and inequities. -(c) The duties of the Office of Health Equity shall include all of the following: -(1) Conducting policy analysis and developing strategic policies and plans regarding specific issues affecting vulnerable communities and vulnerable places to increase positive health and mental health outcomes for vulnerable communities and decrease health and mental health disparities and inequities. The policies and plans shall also include strategies to address social and environmental inequities and improve health and mental health. The office shall assist other departments in their missions to increase access to services and support and improve quality of care for vulnerable communities. -(2) Establishing a comprehensive, cross-sectoral strategic plan to eliminate health and mental health disparities and inequities. The strategies and recommendations developed shall take into account the needs of vulnerable communities to ensure strategies are developed throughout the state to eliminate health and mental health disparities and inequities. This plan shall be developed in collaboration with the Health in All Policies Task Force. This plan shall establish goals and benchmarks for specific strategies in order to measure and track disparities and the effectiveness of these strategies. This plan shall be updated periodically, but not less than every two years, to keep abreast of data trends, best practices, promising practices, and to more effectively focus and direct necessary resources to mitigate and eliminate disparities and inequities. This plan shall be included in the report required under paragraph (1) of subdivision (d). The Office of Health Equity shall seek input from the public on the plan through an inclusive public stakeholder process that includes representatives from vulnerable communities. -(3) Building upon and informing the work of the Health in All Policies Task Force in working with state agencies and departments to consider health in appropriate and relevant aspects of public policy development to ensure the implementation of goals and objectives that close the gap in health status. The Office of Health Equity shall work collaboratively with the Health in All Policies Task Force to assist state agencies and departments in developing policies, systems, programs, and environmental change strategies that have population health impacts in all of the following ways, within the resources made available: -(A) Develop intervention programs with targeted approaches to address health and mental health inequities and disparities. -(B) Prioritize building cross-sectoral partnerships within and across departments and agencies to change policies and practices to advance health equity. -(C) Work with the advisory committee established pursuant to subdivision (f) and through stakeholder meetings to provide a forum to identify and address the complexities of health and mental health inequities and disparities and the need for multiple, interrelated, and multisectoral strategies. -(D) Provide technical assistance to state and local agencies and departments with regard to building organizational capacity, staff training, and facilitating communication to facilitate strategies to reduce health and mental health disparities. -(E) Highlight and share evidence-based, evidence-informed, and community-based practices for reducing health and mental health disparities and inequities. -(F) Work with local public health departments, county mental health or behavioral health departments, local social services, and mental health agencies, and other local agencies that address key health determinants, including, but not limited to, housing, transportation, planning, education, parks, and economic development. The Office of Health Equity shall seek to link local efforts with statewide efforts. -(4) Consult with community-based organizations and local governmental agencies to ensure that community perspectives and input are included in policies and any strategic plans, recommendations, and implementation activities. -(5) Assist in coordinating projects funded by the state that pertain to increasing the health and mental health status of vulnerable communities. -(6) Provide consultation and technical assistance to state departments and other state and local agencies charged with providing or purchasing state-funded health and mental health care, in their respective missions to identify, analyze, and report disparities and to identify strategies to address health and mental health disparities. -(7) Provide information and assistance to state and local departments in coordinating projects within and across state departments that improve the effectiveness of public health and mental health services to vulnerable communities and that address community environments to promote health. This information shall identify unnecessary duplication of services. -(8) Communicate and disseminate information within the department and with other state departments to assist in developing strategies to improve the health and mental health status of persons in vulnerable communities and to share strategies that address the social and environmental determinants of health. -(9) Provide consultation and assistance to public and private entities that are attempting to create innovative responses to improve the health and mental health status of vulnerable communities. -(10) Seek additional resources, including in-kind assistance, federal funding, and foundation support. -(d) In identifying and developing recommendations for strategic plans, the Office of Health Equity shall, at a minimum, do all of the following: -(1) Conduct demographic analyses on health and mental health disparities and inequities. The report shall include, to the extent feasible, an analysis of the underlying conditions that contribute to health and well-being. The first report shall be due July 1, 2014. This information shall be updated periodically, but not less than every two years, and made available through public dissemination, including posting on the department’s Internet Web site. The report shall be developed using primary and secondary sources of demographic information available to the office, including the work and data collected by the Health in All Policies Task Force. Primary sources of demographic information shall be collected contingent on the receipt of state, federal, or private funds for this purpose. -(2) Based on the availability of data, including valid data made available from secondary sources, the report described in paragraph (1) shall address the following key factors as they relate to health and mental health disparities and inequities: -(A) Income security such as living wage, earned income tax credit, and paid leave. -(B) Food security and nutrition such as food stamp eligibility and enrollment, assessments of food access, and rates of access to unhealthy food and beverages. -(C) Child development, education, and literacy rates, including opportunities for early childhood development and parenting support, rates of graduation compared to dropout rates, college attainment, and adult literacy. -(D) Housing, including access to affordable, safe, and healthy housing, housing near parks and with access to healthy foods, and housing that incorporates universal design and visitability features. -(E) Environmental quality, including exposure to toxins in the air, water, and soil. -(F) Accessible built environments that promote health and safety, including mixed-used land, active transportation such as improved pedestrian, bicycle, and automobile safety, parks and green space, and healthy school siting. -(G) Health care, including accessible disease management programs, access to affordable, quality health and behavioral health care, assessment of the health care workforce, and workforce diversity. -(H) Prevention efforts, including community-based education and availability of preventive services. -(I) Assessing ongoing discrimination and minority stressors against individuals and groups in vulnerable communities based upon race, gender, gender identity, gender expression, ethnicity, marital status, language, sexual orientation, disability, and other factors, such as discrimination that is based upon bias and negative attitudes of health professionals and providers. -(J) Neighborhood safety and collective efficacy, including rates of violence, increases or decreases in community cohesion, and collaborative efforts to improve the health and well-being of the community. -(K) The efforts of the Health in All Policies Task Force, including monitoring and identifying efforts to include health and equity in all sectors. -(L) Culturally appropriate and competent services and training in all sectors, including training to eliminate bias, discrimination, and mistreatment of persons in vulnerable communities. -(M) Linguistically appropriate and competent services and training in all sectors, including the availability of information in alternative formats such as large font, braille, and American Sign Language. -(N) Accessible, affordable, and appropriate mental health services. -(3) Consult regularly with representatives of vulnerable communities, including diverse racial, ethnic, cultural, and LGBTQQ communities, women’s health advocates, mental health advocates, health and mental health providers, community-based organizations and advocates, academic institutions, local public health departments, local government entities, and low-income and vulnerable consumers. -(4) Consult regularly with the advisory committee established by subdivision (f) for input and updates on the policy recommendations, strategic plans, and status of cross-sectoral work. -(e) The Office of Health Equity shall be organized as follows: -(1) A Deputy Director shall be appointed by the Governor or the State Public Health Officer, and is subject to confirmation by the Senate. The salary for the Deputy Director shall be fixed in accordance with state law. -(2) The Deputy Director of the Office of Health Equity shall report to the State Public Health Officer and shall work closely with the Director of Health Care Services to ensure compliance with the requirements of the office’s strategic plans, policies, and implementation activities. -(f) The Office of Health Equity shall establish an advisory committee to advance the goals of the office and to actively participate in decisionmaking. The advisory committee shall be composed of representatives from applicable state agencies and departments, local health departments, community-based organizations working to advance health and mental health equity, vulnerable communities, and stakeholder communities that represent the diverse demographics of the state. The chair of the advisory committee shall be a representative from a nonstate entity. The advisory committee shall be established by no later than October 1, 2013, and shall meet, at a minimum, on a quarterly basis. Subcommittees of this advisory committee may be formed as determined by the chair. -(g) An interagency agreement shall be established between the State Department of Public Health and the State Department of Health Care Services to outline the process by which the departments will jointly work to advance the mission of the Office of Health Equity, including responsibilities, scope of work, and necessary resources. -SEC. 2. -Section 4060 of the Welfare and Institutions Code is amended to read: -4060. -The State Department of Health Care Services shall, in order to implement Section 4050, utilize a meaningful decisionmaking process that includes local mental health directors and representatives of local mental health boards as well as other stakeholders in vulnerable communities, including diverse racial, ethnic, cultural, and LGBTQQ communities, communities that experience trauma related to genocide, women’s health advocates, mental health advocates, health and mental health providers, community-based organizations and advocates, academic institutions, local public health departments, local government entities, and low-income and vulnerable consumers. The purpose of this collaboration shall be to promote effective and efficient quality mental health services to the residents of the state under the realigned mental health system.","(1) Existing law establishes the Office of Health Equity within the State Department of Public Health for the purposes of aligning state resources, decisionmaking, and programs to accomplish various goals relating to health, and requires the office to perform various duties specifically relating to vulnerable communities, as defined. Existing law requires the office to establish a comprehensive, cross-sectoral strategic plan to eliminate health and mental health disparities and inequities and to seek input from the public on the plan through an inclusive public stakeholder process. -This bill would include individuals who have experienced trauma related to genocide in the definition of vulnerable communities and would require representatives from vulnerable communities to be represented in the public stakeholder process for developing the office’s plan to eliminate health and mental health disparities. -(2) Existing law requires the State Department of Health Care Services to provide, to the extent resources are available, technical assistance, through its own staff, or by contract, to county mental health programs and other local mental health agencies in the areas of program operations, research, evaluation, demonstration, or quality assurance projects. Existing law requires the department, to this end, to utilize a meaningful decisionmaking process that includes, among others, stakeholders as determined by the department. -This bill would require the department to include specified stakeholders from vulnerable communities in this process, including diverse racial, ethnic, cultural, and LGBTQQ communities, communities that experience trauma related to genocide, women’s health advocates, mental health advocates, health and mental health providers, community-based organizations and advocates, academic institutions, local public health departments, local government entities, and low-income and vulnerable consumers.","An act to amend Section 131019.5 of the Health and Safety Code, and to amend Section 4060 of the Welfare and Institutions Code, relating to public health." -74,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19780 of the Government Code is amended to read: -19780. -(a) Except as provided in Section 19781, a permanent, probationary, or exempt employee who begins active duty within 90 calendar days from the effective date of his or her long-term military leave or within 10 calendar days from the effective date of his or her short-term or emergency military leave and who returns to state service within six months after termination of military service under his or her long-term military leave or within 10 days after termination of military service under his or her short-term or emergency military leave shall be reinstated to his or her former position. Reinstatement to an employee’s former exempt position under this section or Section 19783 shall reestablish the employee’s tenure and civil service reinstatement rights, if any, as they existed immediately prior to his or her military leave pursuant to this section or resignation pursuant to Section 19783. For the purpose of this section any period of rehabilitation afforded by the United States or the state following active duty shall be considered as military service and termination of the state military emergency by the Governor shall be considered termination of military service. -(b) Within 30 days of the employee’s return to state service, the appointing authority shall inform the employee of his or her rights pursuant to Section 20997, and provide the member with the form provided pursuant to subdivision (f) of that section. -(c) Prior to April 1, 2017, every appointing authority shall provide a letter or electronic communication to all employees informing them of the rights provided by Section 20997. -SEC. 2. -Section 20997 of the Government Code is amended to read: -20997. -(a) Notwithstanding any other provision of this part, for each member other than a National Guard member absent without compensation due to military service pursuant to Section 20990, the employer shall contribute an amount equal to the contributions that would have been made by the employer and the employee during the absence. The employer’s contribution pursuant to this section shall be based upon the member’s compensation earnable and the contribution rates in effect at the commencement of the absence, if any of the following apply: -(1) The member returns to state service within six months after receiving a discharge from military service other than dishonorable. -(2) The member returns to state service within six months after completion of any period of rehabilitation offered by the United States government, except that for purposes of this section, rehabilitation solely for education purposes shall not be considered. -(3) The member is granted a leave of absence from the state employer as of the same date the member was reinstated to that employment from military service, provided that the member returns to state service at the conclusion of the leave. -(4) The member is placed on a state civil service reemployment list within six months after receiving a discharge from military service other than dishonorable and returns to state service upon receipt of an offer of reemployment. -(5) The member retires from this system for service or disability during the course of an absence from state service for military service. -(6) The member dies during the course of an absence from state service for military service. -(b) Any member on leave from state service for military service who elects to continue contributing to this system shall be entitled to a refund of those contributions upon request. -(c) Any member who withdrew contributions during or in contemplation of his or her military service is entitled to the benefits of this section irrespective of whether the contributions are redeposited. The rate for future contributions for the member shall be based upon the member’s age at the time the member commenced a leave of absence from state service for service in the military. -(d) The employer’s contribution pursuant to this section may be made either in lump sum, or it may be included in its monthly contribution as adjusted by inclusion of the amount due in the employer rate at the valuation most near in time to the event causing the employer’s liability for those contributions. The employer’s contributions pursuant to this section shall be used solely for the purpose of paying retirement and death benefits and shall not be paid to the member whose contributions are refunded to him or her pursuant to Section 20735. -(e) Within 30 days of the member’s return to state service, the employer shall inform the member of his or her rights pursuant to this section, and provide the employee with the form provided pursuant to subdivision (f). -(f) The board shall provide a separate and unique form to be used by the member to receive credit for his or her military service. The form shall clearly state that the member has no obligation to pay for any portion of the employer contribution if eligibility is determined pursuant to this section. -SEC. 3. -Section 21024 of the Government Code is amended to read: -21024. -(a) “Public service” with respect to a local member, other than a school member, also means active service with the Armed Forces or the Merchant Marine of the United States, including time during any period of rehabilitation afforded by the United States government other than a period of rehabilitation for purely educational purposes, and for six months thereafter prior to the member’s first employment by the employer under this section in which he or she was a member. -(b) Any member electing to receive credit for that public service shall make the contributions as specified in Sections 21050 and 21052. However, any eligible member who requests costing of service credit between January 1, 2001, and December 31, 2003, may, instead of making those contributions, make the payment calculated under this article as it read on December 31, 2000, which payment shall be made in the manner described in Section 21050. -(c) The public service under this section shall not include military service (1) in any period for which credit is otherwise given under this article or Article 4 (commencing with Section 20990) or (2) to the extent that total credit under this section would exceed four years. -(d) Notwithstanding Section 21034, a member may select which of two or more periods of service entitles him or her to receive public service under this section. -(e) This section shall apply to a member only if he or she elects to receive credit while he or she is in state service in the employment of one employer on or after the date of the employer’s election to be subject to this section. -(f) This section shall not apply to any contracting agency nor to the employees of any contracting agency until the agency elects to be subject to this section by amendment to its contract made in the manner prescribed for approval of contracts or in the case of contracts made after this section takes effect, by express provision in the contract making the contracting agency subject to this section. The amendments to this section made during the second year of the 1999–2000 Regular Session shall apply to contracts subject to this section on January 1, 2001. -(g) An employer shall inform a new employee at the time of hire of his or her rights to purchase service credit under this section. -SEC. 4. -Section 21029 of the Government Code is amended to read: -21029. -(a) “Public service” with respect to a state member or a school member or with respect to a retired former state employee or a retired former school employee, who retired on or after December 31, 1981, also means active service, prior to entering this system as a state member or as a school member, of not less than one year in the Armed Forces of the United States, or, active service, prior to entering this system as a state or school member, of not less than one year in the Merchant Marine of the United States prior to January 1, 1950. Public service credit shall not be granted if the service described above terminated with a discharge under dishonorable conditions. The public service credit to be granted for that service shall be on the basis of one year of credit for each year of credited state service, but shall not exceed a total of four years of public service credit regardless of the number of years of either that service or subsequent state service. A state member or a school member or a retired former state employee or a retired former school employee electing to receive a credit for that public service shall have been credited with at least one year of state service on the date of election or the date of retirement. -(b) An election by a state member or a school member with respect to public service under this section may be made only while the member is in state, university, or school employment, and a retired former employee shall have retired immediately following service as a state member or as a school member. The retirement allowance of a retired former state employee or a retired former school employee, who elects to receive public service credit pursuant to this section shall be increased only with respect to the allowance payable on and after the date of election. For the purposes of this section, a member as described in subdivision (d) of Section 20776, shall also mean a former state employee or a former school employee, who retired on or after December 31, 1981. -(c) A member or retired former employee who elects to become subject to this section shall make the contributions as specified in Sections 21050 and 21052. -(d) The board has no duty to locate or notify any eligible former member who is currently retired or to provide the name or address of any such retired person, agency, or entity for the purpose of notifying those persons. -(e) An employer shall inform a new employee at the time of hire of his or her rights to purchase service credit under this section.","The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System (PERS) for the purpose of providing pension and other benefits to public employees, which are funded by employee and employer contributions and investment returns. PERS provides defined benefits to its members based on their final compensation, credited service, and age at retirement, subject to certain variations. Existing law provides a member with an absence due to military service or service with the uniformed services with the right to receive credit for service for the period of that absence and requires the member’s employer to contribute both the employee and employer contributions for that period if specified conditions are met. -This bill would require the Board of Administration of the Public Employees’ Retirement System to provide a separate and unique form to be used by a member to receive credit for his or her military service and would require the form to clearly state that the member has no obligation to pay for any portion of the employer contribution if eligibility is determined pursuant to certain provisions, as specified. The bill would require employers to both provide the member with that form and inform the member of his or her rights to receive that credit with employer-paid contributions within 30 days of the member’s return to state service and until April 1, 2017, would further require state appointing authorities to provide letters or electronic communications to all employees informing them of those rights. -Existing law authorizes a member to elect at any time prior to retirement, in accordance with regulations of the Board of Administration of the Public Employees’ Retirement System, to receive credit for public service, in addition to his or her current and prior service credit. -This bill would require an employer to inform a new employee at the time of hire of his or her rights to purchase service credit for certain active service, prior to the person’s first employment with that employer or entrance into the retirement system, in the Armed Forces of the United States or in the Merchant Marine of the United States, as specified.","An act to amend Sections 19780, 20997, 21024, and 21029 of the Government Code, relating to public employment." -75,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature to enact legislation that imposes an excise tax on medical marijuana at the point of sale. -SECTION 1. -Section 10508 is added to the -Welfare and Institutions Code -, to read: -10508. -(a)In order to ensure timely and accurate decisions on applications for means-tested public benefit programs under this division, the department shall develop and make available to the Statewide Automated Welfare System established pursuant to Section 10823, an electronic verification process that allows county human services agency eligibility workers to, at their option, access data available electronically from appropriate public and private agencies and programs for use in connection with the determination of eligibility for means-tested public benefit programs under this division. In developing this electronic verification process, the department shall consult with county human services agencies, eligibility workers, representatives of the Statewide Automated Welfare System, and client advocates. It is the intent of the Legislature that the electronic verification process be utilized to the greatest extent possible prior to requesting verification of data elements from an applicant or recipient. -(b)The electronic verification process identified in subdivision (a) shall be completed no later than the expiration of the federal waiver for Office of Management and Budget Circular A-87, which requires states to evenly allocate the development costs for systems that are federally funded. -(c)(1)If the electronic verification process developed pursuant to subdivision (a) includes information obtained from an agency that is subject to the requirements of either the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) or the Consumer Credit Reporting Agencies Act (Title 1.6 (commencing with Section 1785.1) of Part 4 of Division 3 of the Civil Code), the department shall report to the Legislature regarding the ways in which the electronic verification process guarantees the rights established under these laws to protect individuals from negative actions resulting from incorrect information. -(2)A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. -SEC. 2. -Section 18901.10 of the -Welfare and Institutions Code -is amended to read: -18901.10. -(a)To the extent permitted by federal law, and except as provided in paragraphs (1) and (2), each county human services agency shall conduct a telephone interview for purposes of determining eligibility at initial application and recertification and shall facilitate submission of required documents using electronic and telephone technologies to the greatest extent possible. -(1)A face-to-face interview shall be conducted if any of the following occur: -(A)A face-to-face interview is requested by the applicant, recipient, or authorized representative. -(B)On a case-by-case basis, a face-to-face interview is deemed necessary by the county to clarify a condition of eligibility. -(C)A face-to-face interview is required in order to make timely and reasonable accommodations to serve a household with a person who has a disability, is advanced in age, or is homeless. For purposes of this subparagraph, the face-to-face interview shall be conducted in a mutually acceptable location. -(2)An electronic interview may be conducted in place of a telephone or face-to-face interview if the county human services agency and the applicant or recipient both have the capacity to participate in an electronic interview. -(3)A face-to-face, telephone, or electronic interview shall be conducted by a county human services agency eligibility worker. -(b)(1)In order to facilitate submission of required information by applicants and recipients, the department shall issue guidance for recording and the storing of electronic and telephonic signatures. -(2)The department shall coordinate with county human services agencies to make available a standard technological solution that has the capacity to store telephonic and electronic signatures. The department shall, in identifying this solution, work with county human services agencies, client advocates, the Statewide Automated Welfare System, and the Office of Systems Integration to ensure maximum compatibility with the Statewide Automated Welfare System and to provide that the telephonic and electronic signatures will be stored within the Statewide Automated Welfare System, as appropriate. -(3)A county shall not be required to use the solution identified pursuant to paragraph (2) if the county is complying with the guidance established by the department pursuant to paragraph (1). It is the intent of the Legislature that this section ensure that applicants and recipients in all counties have the ability to utilize telephonic and electronic signatures. -(c)The state shall not, nor shall any county, allow an eligibility interview to be conducted by anyone other than a county human services agency eligibility worker. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use and cultivation of marijuana for medical purposes. Existing law makes it a crime to plant, cultivate, harvest, dry, or process marijuana, except as otherwise authorized by law. Under existing law, qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate in order collectively and cooperatively to cultivate marijuana for medical purposes, are not subject to criminal sanctions solely on the basis of that fact. -This bill would state that it is the intent of the Legislature to enact legislation that imposes an excise tax on medical marijuana at the point of sale. -(1)Existing law provides for financial and food assistance benefits to needy Californians including, among other programs, the California Work Opportunity and Responsibility to Kids (CalWORKs) program and CalFresh, under which each county provides for financial and food assistance benefits to qualified individuals who meet specified eligibility criteria. -This bill would require the State Department of Social Services to develop and make available to the Statewide Automated Welfare System an electronic verification process that allows county human services agency eligibility workers to, at their option, access data available electronically from public and private agencies and programs for use in connection with the determination of eligibility for specified means-tested public benefit programs. -(2)Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, county human services agencies administer CalFresh. -Existing law requires each county human services agency, to the extent permitted by federal law, to exempt a household from complying with face-to-face interview requirements at initial application and recertification, and authorizes a person eligible for an exemption from the face-to-face interview requirement to request a face-to-face interview to establish initial eligibility or comply with recertification requirements. -This bill would instead require a county human services agency to conduct a telephone interview for purposes of determining eligibility at initial application and recertification, except as provided, and would require a county human services agency to facilitate submission of required documents using electronic and telephone technologies to the greatest extent possible. The bill would also expand the circumstances under which a face-to-face interview is required, and would authorize an electronic interview to be conducted if the county human services agency and the applicant or recipient both have the capacity to participate in an electronic interview. The bill would require the department to issue guidance for recording and storing electronic and telephonic signatures. By increasing the duties of county human services agencies administering CalFresh, this bill would impose a state-mandated local program. -The bill would require the State Department of Social Services to coordinate with county human services agencies to make available a standard technological solution that has the capacity to store telephonic and electronic signatures, as specified. -(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act -to amend Section 18901.10 of, and to add Section 10508 to, the Welfare and Institutions Code, relating to public social services. -relating to medical marijuana." -76,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature to permit pawnbrokers to conduct business transactions by electronic means, except when establishing an original loan. It is further the intent of the Legislature to permit such transactions to be made in conformity with the Uniform Electronic Transactions Act, as set forth in Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code. -SEC. 2. -Section 21201 of the Financial Code is amended to read: -21201. -(a) Every loan made by a pawnbroker for which goods are received in pledge as security shall be evidenced by a written contract, a copy of which shall be furnished to the pledgor. The loan contract shall provide a loan period that is a minimum of four months, shall set forth the loan period and the date on which the loan is due and payable, and shall clearly inform the pledgor of his or her right to redeem the pledge during the loan period. -(b) Every loan contract shall contain the following notice, in at least 8-point boldface type and circumscribed by a box, immediately above the space for the pledgor’s signature: - -“You may redeem the property you have pledged at any time until the close of business on ____ [fill in date no less than four months from date loan begins]. To redeem, you must pay the amount of the loan and the applicable charges which have accrued through the date on which you redeem.” - -(c) Every pawnbroker shall retain in his or her possession every article pledged to him or her for the duration of the loan period. During such period the pledgor may redeem the articles upon payment of the amount of the loan and the applicable charges. If the pledgor and the pawnbroker agree in writing that the pawned property may be stored off premises, following the request for redemption of the loan, the pawnbroker shall return the pledged property to the pledgor the next calendar day when both the pawnbroker’s store and the storage facility are open, not to exceed two business days. -(d) If any pledged article is not redeemed during the loan period as provided herein, and the pledgor and pawnbroker do not mutually agree in writing to extend the loan period, the pawnbroker shall notify the pledgor within one month after expiration of the loan period. If the pawnbroker fails to notify the pledgor within one month after the expiration of the loan period, the pawnbroker shall not charge interest from the day after the expiration of the one-month period. The pawnbroker shall notify the pledgor at his or her last known mailing or electronic address of the termination of the loan period, by a means for which verification of mailing or, at the sole option of the pledgor, electronic transmission of the notification can be provided by the pawnbroker, and extending the right of redemption, during posted business hours, for a period of 10 days from date of mailing or electronic transmission of that notice. Electronic notice of the termination of the loan period shall be valid if the pledgor has previously responded to an electronic communication sent by the pawnbroker to the pledgor’s last known electronic address provided by the pledgor. Upon the initiation of each new or replacement loan, the pledgor shall affirm that the current electronic address on file with the pawnbroker is valid. The 10-day notice shall state, in substantially the same format as the following: “If the tenth day falls on a day when the pawnshop is closed, the time period is extended to the next day that the pawnshop is open.” -(e) The posted schedule of charges required pursuant to Section 21200.5 shall contain a notice informing the pledgor that if he or she desires, the pawnbroker shall send the notice of termination of the loan period by registered or certified mail with return receipt requested, upon prepayment of the mailing costs. -(f) If any pledged article is not redeemed within the 10-day notice period, the pawnbroker shall become vested with all right, title, and interest of the pledgor, or his or her assigns, to the pledged article, to hold and dispose of as his or her own property. Any other provision of law relating to the foreclosure and sale of pledges shall not be applicable to any pledge the title to which is transferred in accordance with this section. The pawnbroker shall not sell any article of pledged property until he or she has become vested with the title to that property pursuant to this section. -(g) The sale of pledged property is a misdemeanor pursuant to Section 21209. -SEC. 3. -Section 21201.5 of the Financial Code is amended to read: -21201.5. -(a) During the contractual loan period and any extension thereof, but prior to the start of the 10-day grace period provided in subdivision (d) of Section 21201, a pledgor may request, and a pawnbroker may consent to, a replacement loan to take effect upon the expiration of the loan period stated in the active loan contract delivered to the pledgor under Section 21201 or this section. -(b) Alternatively, a pledgor may request, and a pawnbroker may consent to, a replacement loan during the 10-day grace period provided in subdivision (d) of Section 21201. Any such replacement loan shall become effective on the date it is issued. -(c) All of the following shall apply to a replacement loan issued pursuant to this section: -(1) The loan shall be processed as, and deemed to be, a new loan subject to all other fees and charges permitted by this chapter. -(2) Before a replacement loan may be issued, the pledgor shall pay off all outstanding charges from the prior loan then due, including interest or any loan writing, storage, notification, or other fee authorized in this chapter, in cash or another form acceptable to the pawnbroker. The pledgor’s payment may be delivered to the pawnbroker by any method acceptable to the pawnbroker, including, but not limited to, United States mail, private mail, a personal representative, or electronic transfer. If insufficient payment is tendered by the pledgor or is not tendered in cash or a form acceptable to the pawnbroker, the pawnbroker shall, if commercially reasonable, return the payment in the same manner that the payment was delivered by the pledgor, or by another commercially reasonable manner, within five business days, and shall include a statement advising the pledgor the reason the payment was rejected. The pawnbroker is under no obligation to enter into a replacement loan if the amount is insufficient or the method of payment or form of tender is not cash or acceptable to the pawnbroker. -(3) The unpaid balance of the prior loan shall be debited to the replacement loan on which the same article or articles have been pledged. The replacement loan contract shall disclose the amount of the prior loan that is debited and shall otherwise be consistent with Section 21201. -(4) If the pledgor requests a replacement loan in person or electronically, the pledgor’s consent to the terms of the replacement loan shall be deemed given when he or she signs the written replacement loan contract in person or electronically in conformity with Section 21201.6. -(5) If the pledgor requests a replacement loan by mail or through a personal representative, the pledgor’s consent to the terms of the replacement loan shall be deemed given when all required charges from the prior loan then due are paid in a form acceptable to the pawnbroker. The principal amount of a replacement loan requested by mail or through a personal representative shall not exceed the principal amount of the prior loan. -(6) The terms of the replacement loan shall be consistent with this chapter on the date the replacement loan is issued. -(7) The replacement loan shall be evidenced by a written agreement or electronic record. The pawnbroker shall mail or otherwise transmit a copy of the written agreement or electronic record to the pledgor within five business days following receipt of payment by means for which verification of mailing or electronic transmittal can be provided by the pawnbroker. -SEC. 4. -Section 21201.6 is added to the Financial Code, to read: -21201.6. -The requirement for a written contract signed by the pledgor as set forth in Section 21201.5 may be met electronically if all of the following conditions are satisfied: -(a) The contract and transaction comply with the provisions of the Uniform Electronic Transactions Act, as set forth in Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code, as may be applicable at the time that the loan is entered into between the pawnbroker and the pledgor. -(b) Any written disclosures specified in this chapter to be set forth in a specified minimum type size are conspicuously presented to the pledgor prior to his or her execution of the electronic contract. -(c) The pawnbroker makes one of the following disclosures: -(1) If the principal loan amount is below two thousand five hundred dollars ($2,500), the pawnbroker discloses the maximum compensation due a pawnbroker as set forth in Section 21200.7 prior to the pledgor’s execution of the electronic contract. -(2) If the principal loan amount is two thousand five hundred dollars ($2,500) or more, the pawnbroker discloses the provisions of Sections 21051 and 22054 prior to the pledgor’s execution of the electronic contract.","(1) Existing law regulates pawnbrokers and requires a written contract for every loan by a pawnbroker for which goods are received in pledge as security, as specified, and requires a copy of that contract to be furnished to the borrower. Existing law requires the contract to provide a 4-month loan period. -This bill would, instead, specify that the contract be for a minimum of 4 months. -(2) Existing law requires a pawnbroker, within one month after the loan period expires, to notify the borrower at his or her last known address of the termination of the loan period, by a means for which verification of mailing or delivery of the notification can be provided by the pawnbroker, and provides for extending the right of redemption for a period of 10 days from the date that notice is mailed. -This bill would instead require the pawnbroker to provide that notification to the pledgor at his or her last known mailing or electronic address, by a means for which verification of mailing or, at the sole option of the pledgor, electronic transmission of the notification can be provided by the pawnbroker, as specified. The bill would provide that the electronic notice of the termination of the loan period would be valid only if the pledgor has previously responded to an electronic communication sent by the pawnbroker to the pledgor’s last known electronic address and would require the pledgor to affirm the electronic address on file, as prescribed. -(3) Existing law permits a pledgor and a pawnbroker to agree to a new loan to become effective at the end of the loan period and requires the new loan to be processed as a new loan subject to loan origination, storage, and other fees as specified. -This bill would permit a replacement loan to be issued at the request of the pledgor with consent of the pawnbroker before the expiration of the redemption period, to become effective on the date it is issued, subject to specified requirements, including, but not limited to, that the pledgor pay off all outstanding charges from the prior loan then due before a replacement loan may be issued. The bill would also permit the replacement loan to be issued electronically, provided that the contract and transaction comply with the Uniform Electronic Transactions Act and meet certain disclosure requirements.","An act to amend Sections 21201 and 21201.5 of, and to add Section 21201.6 to, the Financial Code, relating to pawnbrokers." -77,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 5600.3 of the Welfare and Institutions Code is amended to read: -5600.3. -To the extent resources are available, the primary goal of the use of funds deposited in the mental health account of the local health and welfare trust fund should be to serve the target populations identified in the following categories, which shall not be construed as establishing an order of priority: -(a) (1) Seriously emotionally disturbed children or adolescents. -(2) For the purposes of this part, “seriously emotionally disturbed children or adolescents” means minors under -the age of 18 years -18 years of age -who have a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a primary substance use disorder or developmental disorder, which results in behavior inappropriate to the child’s age according to expected developmental norms. Members of this target population shall meet one or more of the following criteria: -(A) As a result of the mental disorder, the child has substantial impairment in at least two of the following areas: self-care, school functioning, family relationships, or ability to function in the community; and either of the following occur: -(i) The child is at risk of removal from home or has already been removed from the home. -(ii) The mental disorder and impairments have been present for more than six months or are likely to continue for more than one year without treatment. -(B) The child displays one of the following: psychotic features, risk of -suicide -suicide, -or risk of violence due to a mental disorder. -(C) The child meets special education eligibility requirements under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code. -(b) (1) Adults and older adults who have a serious mental disorder. -(2) For the purposes of this part, “serious mental disorder” means a mental disorder that is severe in degree and persistent in duration, -which -that -may cause behavioral functioning -which -that -interferes substantially with the primary activities of daily living, and -which -that -may result in an inability to maintain stable adjustment and independent functioning without treatment, support, and rehabilitation for a long or indefinite period of time. Serious mental disorders include, but are not limited to, schizophrenia, bipolar disorder, post-traumatic stress disorder, as well as major affective disorders or other severely disabling mental disorders. This section shall not be construed to exclude persons with a serious mental disorder and a diagnosis of substance abuse, developmental disability, or other physical or mental disorder. -(3) Members of this target population shall meet all of the following criteria: -(A) The person has a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a substance use disorder or developmental disorder or acquired traumatic brain injury pursuant to subdivision (a) of Section 4354 unless that person also has a serious mental disorder as defined in paragraph (2). -(B) (i) As a result of the mental disorder, the person has substantial functional impairments or symptoms, or a psychiatric history demonstrating that without treatment there is an imminent risk of decompensation to having substantial impairments or symptoms. -(ii) For the purposes of this part, “functional impairment” means being substantially impaired as the result of a mental disorder in independent living, social relationships, vocational skills, or physical condition. -(C) As a result of a mental functional impairment and circumstances, the person is likely to become so disabled as to require public assistance, services, or entitlements. -(4) For the purpose of organizing outreach and treatment options, to the extent resources are available, this target population includes, but is not limited to, -persons who are -any of the -following: -following persons: -(A) Homeless persons who are mentally ill. -(B) Persons evaluated by appropriately licensed persons as requiring care in acute treatment facilities including state hospitals, acute inpatient facilities, institutes for mental disease, and crisis residential programs. -(C) Persons arrested or convicted of crimes. -(D) Persons who require acute treatment as a result of a first episode of mental illness with psychotic features. -(5) California veterans in need of mental health services and who meet the existing eligibility requirements of this section, shall be provided services to the extent services are available to other adults pursuant to this section. Veterans who may be eligible for mental health services through the United States Department of Veterans Affairs should be advised of these services by the county and assisted in linking to those services. -(A) No eligible veteran shall be denied county mental health services based solely on his or her status as a veteran. -(B) Counties shall refer a veteran to the county veterans service officer, if any, to determine the veteran’s eligibility for, and the availability of, mental health services provided by the United States Department of Veterans Affairs or other federal health care provider. -(C) Counties should consider contracting with community-based veterans’ services agencies, -where -when -possible, to provide high-quality, veteran specific mental health services. -(c) Adults or older adults who require or are at risk of requiring acute psychiatric inpatient care, residential treatment, or outpatient crisis intervention because of a mental disorder with symptoms of psychosis, suicidality, or violence. -(d) Persons who need brief treatment as a result of a natural disaster or severe local emergency.","Existing law contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. -This bill would make technical, nonsubstantive changes to the latter provisions.","An act to amend Section 5600.3 of the Welfare and Institutions Code, relating to mental health." -78,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 136.2 of the Penal Code is amended to read: -136.2. -(a) (1) Upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, a court with jurisdiction over a criminal matter may issue orders, including, but not limited to, the following: -(A) An order issued pursuant to Section 6320 of the Family Code. -(B) An order that a defendant shall not violate any provision of Section 136.1. -(C) An order that a person before the court other than a defendant, including, but not limited to, a subpoenaed witness or other person entering the courtroom of the court, shall not violate any provisions of Section 136.1. -(D) An order that a person described in this section shall have no communication whatsoever with a specified witness or a victim, except through an attorney under reasonable restrictions that the court may impose. -(E) An order calling for a hearing to determine if an order as described in subparagraphs (A) to (D), inclusive, should be issued. -(F) (i) An order that a particular law enforcement agency within the jurisdiction of the court provide protection for a victim or a witness, or both, or for immediate family members of a victim or a witness who reside in the same household as the victim or witness or within reasonable proximity of the victim’s or witness’ household, as determined by the court. The order shall not be made without the consent of the law enforcement agency except for limited and specified periods of time and upon an express finding by the court of a clear and present danger of harm to the victim or witness or immediate family members of the victim or witness. -(ii) For purposes of this paragraph, “immediate family members” include the spouse, children, or parents of the victim or witness. -(G) (i) An order protecting a victim or witness of violent crime from all contact by the defendant, or contact, with the intent to annoy, harass, threaten, or commit acts of violence, by the defendant. The court or its designee shall transmit orders made under this paragraph to law enforcement personnel within one business day of the issuance, modification, extension, or termination of the order, pursuant to subdivision (a) of Section 6380 of the Family Code. It is the responsibility of the court to transmit the modification, extension, or termination orders made under this paragraph to the same agency that entered the original protective order into the Domestic Violence Restraining Order System. -(ii) (I) If a court does not issue an order pursuant to clause (i) in a case in which the defendant is charged with a crime involving domestic violence as defined in Section 13700 or in Section 6211 of the Family Code, the court on its own motion shall consider issuing a protective order upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, that provides as follows: -(ia) The defendant shall not own, possess, purchase, receive, or attempt to purchase or receive, a firearm while the protective order is in effect. -(ib) The defendant shall relinquish any firearms that he or she owns or possesses pursuant to Section 527.9 of the Code of Civil Procedure. -(II) Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm while this protective order is in effect is punishable pursuant to Section 29825. -(iii) An order issued, modified, extended, or terminated by a court pursuant to this subparagraph shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable. -(iv) A protective order issued under this subparagraph may require the defendant to be placed on electronic monitoring if the local government, with the concurrence of the county sheriff or the chief probation officer with jurisdiction, adopts a policy to authorize electronic monitoring of defendants and specifies the agency with jurisdiction for this purpose. If the court determines that the defendant has the ability to pay for the monitoring program, the court shall order the defendant to pay for the monitoring. If the court determines that the defendant does not have the ability to pay for the electronic monitoring, the court may order electronic monitoring to be paid for by the local government that adopted the policy to authorize electronic monitoring. The duration of electronic monitoring shall not exceed one year from the date the order is issued. At no time shall the electronic monitoring be in place if the protective order is not in place. -(2) For purposes of this subdivision, a minor who was not a victim of, but who was physically present at the time of, an act of domestic violence, is a witness and is deemed to have suffered harm within the meaning of paragraph (1). -(b) A person violating an order made pursuant to subparagraphs (A) to (G), inclusive, of paragraph (1) of subdivision (a) may be punished for any substantive offense described in Section 136.1, or for a contempt of the court making the order. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1. However, a person so held in contempt shall be entitled to credit for punishment imposed therein against a sentence imposed upon conviction of an offense described in Section 136.1. A conviction or acquittal for a substantive offense under Section 136.1 shall be a bar to a subsequent punishment for contempt arising out of the same act. -(c) (1) (A) Notwithstanding subdivision (e), an emergency protective order issued pursuant to Chapter 2 (commencing with Section 6250) of Part 3 of Division 10 of the Family Code or Section 646.91 shall have precedence in enforcement over any other restraining or protective order, provided the emergency protective order meets all of the following requirements: -(i) The emergency protective order is issued to protect one or more individuals who are already protected persons under another restraining or protective order. -(ii) The emergency protective order restrains the individual who is the restrained person in the other restraining or protective order specified in clause (i). -(iii) The provisions of the emergency protective order are more restrictive in relation to the restrained person than are the provisions of the other restraining or protective order specified in clause (i). -(B) An emergency protective order that meets the requirements of subparagraph (A) shall have precedence in enforcement over the provisions of any other restraining or protective order only with respect to those provisions of the emergency protective order that are more restrictive in relation to the restrained person. -(2) Except as described in paragraph (1), a no-contact order, as described in Section 6320 of the Family Code, shall have precedence in enforcement over any other restraining or protective order. -(d) (1) A person subject to a protective order issued under this section shall not own, possess, purchase, or receive, or attempt to purchase or receive, a firearm while the protective order is in effect. -(2) The court shall order a person subject to a protective order issued under this section to relinquish any firearms he or she owns or possesses pursuant to Section 527.9 of the Code of Civil Procedure. -(3) A person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm while the protective order is in effect is punishable pursuant to Section 29825. -(e) (1) In all cases in which the defendant is charged with a crime involving domestic violence, as defined in Section 13700 or in Section 6211 of the Family Code, or a violation of Section 261, 261.5, or 262, or any crime that requires the defendant to register pursuant to subdivision (c) of Section 290, the court shall consider issuing the above-described orders on its own motion. All interested parties shall receive a copy of those orders. In order to facilitate this, the court’s records of all criminal cases involving domestic violence or a violation of Section 261, 261.5, or 262, or any crime that requires the defendant to register pursuant to subdivision (c) of Section 290, shall be marked to clearly alert the court to this issue. -(2) In those cases in which a complaint, information, or indictment charging a crime involving domestic violence, as defined in Section 13700 or in Section 6211 of the Family Code, or a violation of Section 261, 261.5, or 262, or any crime that requires the defendant to register pursuant to subdivision (c) of Section 290, has been issued, except as described in subdivision (c), a restraining order or protective order against the defendant issued by the criminal court in that case has precedence in enforcement over a civil court order against the defendant. -(3) Custody and visitation with respect to the defendant and his or her minor children may be ordered by a family or juvenile court consistent with the protocol established pursuant to subdivision (f), but if ordered after a criminal protective order has been issued pursuant to this section, the custody and visitation order shall make reference to, and, if there is not an emergency protective order that has precedence in enforcement pursuant to paragraph (1) of subdivision (c), or a no-contact order, as described in Section 6320 of the Family Code, acknowledge the precedence of enforcement of, an appropriate criminal protective order. On or before July 1, 2014, the Judicial Council shall modify the criminal and civil court forms consistent with this subdivision. -(f) On or before January 1, 2003, the Judicial Council shall promulgate a protocol, for adoption by each local court in substantially similar terms, to provide for the timely coordination of all orders against the same defendant and in favor of the same named victim or victims. The protocol shall include, but shall not be limited to, mechanisms for ensuring appropriate communication and information sharing between criminal, family, and juvenile courts concerning orders and cases that involve the same parties, and shall permit a family or juvenile court order to coexist with a criminal court protective order subject to the following conditions: -(1) An order that permits contact between the restrained person and his or her children shall provide for the safe exchange of the children and shall not contain language either printed or handwritten that violates a “no-contact order” issued by a criminal court. -(2) Safety of all parties shall be the courts’ paramount concern. The family or juvenile court shall specify the time, day, place, and manner of transfer of the child, as provided in Section 3100 of the Family Code. -(g) On or before January 1, 2003, the Judicial Council shall modify the criminal and civil court protective order forms consistent with this section. -(h) (1) In any case in which a complaint, information, or indictment charging a crime involving domestic violence, as defined in Section 13700 or in Section 6211 of the Family Code, has been filed, the court may consider, in determining whether good cause exists to issue an order under subparagraph (A) of paragraph (1) of subdivision (a), the underlying nature of the offense charged, and the information provided to the court pursuant to Section 273.75. -(2) In any case in which a complaint, information, or indictment charging a violation of Section 261, 261.5, or 262, or any crime that requires the defendant to register pursuant to subdivision (c) of Section 290, has been filed, the court may consider, in determining whether good cause exists to issue an order under paragraph (1) of subdivision (a), the underlying nature of the offense charged, the defendant’s relationship to the victim, the likelihood of continuing harm to the victim, any current restraining order or protective order issued by any civil or criminal court involving the defendant, and the defendant’s criminal history, including, but not limited to, prior convictions for a violation of Section 261, 261.5, or 262, a crime that requires the defendant to register pursuant to subdivision (c) of Section 290, any other forms of violence, or any weapons offense. -(i) (1) In all cases in which a criminal defendant has been convicted of a crime involving domestic violence as defined in Section 13700 or in Section 6211 of the Family Code, a violation of Section 261, 261.5, or 262, or any crime that requires the defendant to register pursuant to subdivision (c) of Section 290, the court, at the time of sentencing, shall consider issuing an order restraining the defendant from any contact with the victim. The order may be valid for up to 10 years, as determined by the court. This protective order may be issued by the court regardless of whether the defendant is sentenced to the state prison or a county jail or subject to mandatory supervision, or whether imposition of sentence is suspended and the defendant is placed on probation. It is the intent of the Legislature in enacting this subdivision that the duration of any restraining order issued by the court be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. -(2) An order under this subdivision may include provisions for electronic monitoring if the local government, upon receiving the concurrence of the county sheriff or the chief probation officer with jurisdiction, adopts a policy authorizing electronic monitoring of defendants and specifies the agency with jurisdiction for this purpose. If the court determines that the defendant has the ability to pay for the monitoring program, the court shall order the defendant to pay for the monitoring. If the court determines that the defendant does not have the ability to pay for the electronic monitoring, the court may order the electronic monitoring to be paid for by the local government that adopted the policy authorizing electronic monitoring. The duration of the electronic monitoring shall not exceed one year from the date the order is issued. -(j) For purposes of this section, “local government” means the county that has jurisdiction over the protective order.","Existing law requires, in all cases in which a criminal defendant is convicted of specified crimes, including any crime for which the defendant must register as a sex offender, the court to consider issuing an order, valid for up to 10 years, restraining the defendant from any contact with the victim. Existing law authorizes the order to be issued by the court regardless of whether the defendant is sentenced to state prison or a county jail, or whether the imposition of sentence is suspended and the defendant is placed on probation. -This bill would additionally authorize the order to be issued by the court regardless of whether the defendant is subject to mandatory supervision.","An act to amend Section 136.2 of the Penal Code, relating to restraining orders." -79,"The people of the State of California do enact as follows: - - -SECTION 1. -Article -7.5 -7.6 -(commencing with Section -8239.5) -8239.15) -is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: -Article 7.6. Individualized Eligibility Part-Day Preschool -Subsidy -Plan for Alum Rock Union Elementary School District -8239.5. -8239.15. -For purposes of this article, the following terms have the following meanings: -(a) “School district” means the Alum Rock Union Elementary School District, located in the County of Santa Clara. -(b) -(1) -“Preschool program” means -a state-funded part-day preschool program that operates in the school district. -an agency that holds a California state preschool program (Article 7 (commencing with Section 8235)) contract with the department as of July 1, 2015, has a memorandum of understanding with the school district, and holds a license pursuant to Article 2 (commencing with Section 1596.80) of Chapter 3.4 of Division 2 of the Health and Safety Code for preschool services within a transitional kindergarten classroom in the school district. -(2) The memorandum of understanding between the school district and the preschool program shall clarify the use of facilities, shared goals of the pilot project, and the responsibilities of both parties. -8239.6. -8239.16. -The school district -and the preschool program, in consultation with the Santa Clara County Office of Education and First 5 Santa Clara County -, as a pilot project, may develop and implement an individualized eligibility part-day preschool -subsidy -plan for children residing in the school district for purposes of attending a preschool program in the school district. The plan shall -ensure that child care subsidies received by a preschool program are used to address local needs, conditions, and priorities of families in the school district and for preparing children for kindergarten and grades 1 to 12, inclusive. -include, but not be limited to, all of the following: -(a) Elements to address local needs, conditions, and priorities of families in the school district for purposes of preparing children for kindergarten and grades 1 to 12, inclusive. -(b) Increasing access to preschool in the school district to prepare children for transitional kindergarten and kindergarten. -(c) The provision of supplemental services to children in transitional kindergarten. -(d) The provision of parent education, parent engagement, and family support services. -(e) Systems to facilitate transition of children and their families from a federal Head Start program and preschool to transitional kindergarten and kindergarten. -(f) Increasing collaboration between preschool, transitional kindergarten, and kindergarten teachers. -8239.7. -Before implementing the plan, the school district, in consultation with any preschool program and the Santa Clara Office of Education, shall develop an individualized eligibility part-day preschool subsidy plan that shall include both of the following: -8239.17 -(a) Notwithstanding any other law, eligibility to participate in the -preschool program -services offered under the pilot project -shall be based on either of the following conditions: -(1) The child is eligible for free or reduced-price meals, as that term is used in subdivision (a) of Section 42238.01 -, or participates in the federal Child and Adult Care Food Program (42 U.S.C. Sec 1766; 7 C.F.R. 226.20) -. -(2) The child is a foster youth, as that term is used in subdivision (b) of Section 42238.01. -(b) Notwithstanding any other law, children up to the age of admission into -first grade -kindergarten pursuant to Section 48000 -shall be allowed to participate in the -preschool program -services offered under the pilot project -. -8239.8. -8239.18. -(a) -The plan -and any modifications to the plan -shall be submitted -to, and approved by, -to -the -Santa Clara County Local Child Care Planning Council and the Early Education and Support Division of the department -governing board of the school district, for approval by the governing board of the school district. Upon approval by the governing board of the school district, the plan or modifications to the plan shall be submitted to the Early Education and Support Division of the department for review -. -(b) Within 30 days of receiving the plan or modifications, the Early Education and Support Division shall review and either approve or disapprove the plan or the modifications. -(c) The Early Education and Support Division may disapprove only those portions of the plan or modifications to the plan that are not in conformance with this article or that are in conflict with federal law. -8239.9. -8239.19. -(a) Upon approval of the plan, pursuant to Section -8239.8 -8239.18 -, the school -district, in consultation with the -district and the -preschool program, -in consultation with -the Santa Clara -County -Office of -Education, -Education -and First 5 Santa Clara -County -, shall prepare and submit an annual report to the Legislature and the department that summarizes the success of the pilot -project. -project, and shall demonstrate all of the following, as applicable: -(1) By the end of the first fiscal year of operation under the approved pilot project plan, an increase in the enrollment of children who are eligible for free meals under the free or reduced-price meal program, as that term is used in subdivision (a) of Section 42238.01, as compared to the first quarter of the pilot project under the approved plan. -(2) By the end of the second fiscal year of operation under the approved pilot project plan, an increase in the percentage of children who are eligible for free meals under the free or reduced-price meal program, as that term is used in subdivision (a) of Section 42238.01, as compared to the first quarter of the pilot project under the approved plan of 3 percent. -(3) By the end of the first fiscal year of operation under the approved pilot project plan, an increase of 3 percent of the child days of enrollment of children receiving child development services under a California state preschool program (Article 7 (commencing with Section 8235)) contract over the 2014–15 fiscal year. -(b) The school district -and the preschool program -, in consultation with -the preschool program, -the Santa Clara -County -Office of -Education, -Education -and First 5 Santa Clara -County, -shall submit a -final -report to the Legislature and the department on or before December 31, -2022, -2020, -that shall provide recommendations as to whether the pilot project should continue as a permanent program. -(c) A report submitted to the Legislature pursuant to this section shall be submitted in compliance with -Section -9795 of the Government Code. -8239.10. -8239.20. -The school district -and the preschool program -may implement an individualized eligibility part-day preschool -subsidy -plan as a pilot project pursuant to this article until -January 1, 2022, -June 30, 2021, -at which date the school district shall terminate the plan and implement the state’s requirements for subsidized part-day preschools. A child enrolling for the first time in a preschool program in the school district after -January 1, 2022, -June, 30, 2021, -shall not be enrolled in the pilot project established pursuant to this article, and shall be subject to existing state laws and regulations regarding preschool eligibility. -8239.21. -Sharing of information between the school district and the preschool program shall be in accordance with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) and any federal regulations adopted pursuant thereto. -8239.11. -8239.22. -Additional state funds shall not be appropriated for purposes of implementing this article. -8239.12. -8239.23. -This article shall remain in effect only until January 1, -2023, -2022, -and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, -2023, -2022, -deletes or extends that date. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Alum Rock Union Elementary School District, in the County of Santa Clara. The school district has a high level of children who live in poverty, children who are English language learners, children who are part of a minority group, and children who are exposed to violence in their community. The school district is particularly focused on significantly increasing pupil achievement and parent engagement and this act will achieve this by offering preschool services to children and families in the school district. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -The start of -a -the 2015–16 school year begins in August. This act will prevent needless hours and paperwork to certify eligibility past the August start date. Therefore, in order to eliminate the barriers for families to access state preschool and to remove the paperwork burden on families and agencies in time for the new school year, it is necessary that this act take effect immediately.","Existing law provides that it is the intent of the Legislature that in providing child development programs the Superintendent of Public Instruction give priority to children of families that qualify under applicable federal statutes or regulations as recipients of public assistance and other low-income and disadvantaged families. Existing law authorizes the City and County of San Francisco, until July 1, 2016, and as a pilot project, to develop and implement an individualized county child care subsidy plan, as provided. Existing law requires the Superintendent to administer all California state preschool programs, which include part-day age and developmentally appropriate programs for 3- and 4-year-old children, as provided. Existing law provides that 3- and 4-year-old children are eligible for the state part-day preschool program if the family meets one of several eligibility requirements, including income eligibility. -This bill would authorize the Alum Rock Union Elementary School District, located in the County of Santa Clara, -and a preschool program, as defined, -as a pilot project until -January 1, 2022, -June 30, 2021, -to develop and implement an individualized eligibility part-day preschool -subsidy -plan for children residing in the school district for purposes of attending a -state-funded part-day -preschool program in the school district. The bill would require the school district -to consult with -and the -preschool -programs, as defined, and -program to consult with -the Santa Clara -County -Office of Education -and First 5 Santa Clara County -in developing the plan. The bill would require the plan to include specified -elements relating to -elements. The bill would establish certain requirements relating to -eligibility and age of preschool program participation. The bill would require the plan -, and any modifications to the plan, -to be submitted to, and approved by, -the Santa Clara County Local Child Care Planning Council and -the governing board of the school district. The bill would require the governing board of the school district, upon approval, to submit the plan or modifications to -the Early Education and Support Division of the State Department of -Education. -Education for approval, as provided. -The bill would require the school district -and the preschool program -to submit an annual report to the Legislature and the department, as provided, and -a final -an additional -report on or before December 31, -2022. -2020, that provides recommendations as to whether the pilot project should continue as a permanent program. -The bill would provide that no additional state funds shall be appropriated for purposes of implementing the above provisions. -This bill would make legislative findings and declarations as to the necessity for special legislation. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to add and repeal Article -7.5 -7.6 -(commencing with Section -8239.5) -8239.15) -of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, relating to preschool, and declaring the urgency thereof, to take effect immediately." -80,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 56.103 of the Civil Code is amended to read: -56.103. -(a) A provider of health care may disclose medical information to a county social worker, a probation officer, a foster care public health nurse acting pursuant to Section 16501.3 of the Welfare and Institutions Code, or any other person who is legally authorized to have custody or care of a minor for the purpose of coordinating health care services and medical treatment provided to the minor, including, but not limited to, the sharing of information related to screenings, assessments, and laboratory tests necessary to monitor the administration of psychotropic medications. -(b) For purposes of this section, health care services and medical treatment includes one or more providers of health care providing, coordinating, or managing health care and related services, including, but not limited to, a provider of health care coordinating health care with a third party, consultation between providers of health care and medical treatment relating to a minor, or a provider of health care referring a minor for health care services to another provider of health care. -(c) For purposes of this section, a county social worker, a probation officer, foster care public health nurse, or any other person who is legally authorized to have custody or care of a minor shall be considered a third party who may receive any of the following: -(1) Medical information described in Sections 56.05 and 56.10. -(2) Protected health information described in Section 160.103 of Title 45 of the Code of Federal Regulations. -(d) Medical information disclosed to a county social worker, probation officer, foster care public health nurse, or any other person who is legally authorized to have custody or care of a minor shall not be further disclosed by the recipient unless the disclosure is for the purpose of coordinating health care services and medical treatment of the minor and the disclosure is authorized by law. Medical information disclosed pursuant to this section may not be admitted into evidence in any criminal or delinquency proceeding against the minor. Nothing in this subdivision shall prohibit identical evidence from being admissible in a criminal proceeding if that evidence is derived solely from lawful means other than this section and is permitted by law. -(e) (1) Notwithstanding Section 56.104, if a provider of health care determines that the disclosure of medical information concerning the diagnosis and treatment of a mental health condition of a minor is reasonably necessary for the purpose of assisting in coordinating the treatment and care of the minor, that information may be disclosed to a county social worker, probation officer, foster care public health nurse, or any other person who is legally authorized to have custody or care of the minor. The information shall not be further disclosed by the recipient unless the disclosure is for the purpose of coordinating mental health services and treatment of the minor and the disclosure is authorized by law. -(2) As used in this subdivision, “medical information” does not include psychotherapy notes as defined in Section 164.501 of Title 45 of the Code of Federal Regulations. -(f) The disclosure of information pursuant to this section is not intended to limit the disclosure of information when that disclosure is otherwise required by law. -(g) For purposes of this section, “minor” means a minor taken into temporary custody or as to whom a petition has been filed with the court, or who has been adjudged to be a dependent child or ward of the juvenile court pursuant to Section 300 or 601 of the Welfare and Institutions Code. -(h) (1) Except as described in paragraph (1) of subdivision (e), nothing in this section shall be construed to limit or otherwise affect existing privacy protections provided for in state or federal law. -(2) Nothing in this section shall be construed to expand the authority of a social worker, probation officer, foster care public health nurse, or custodial caregiver beyond the authority provided under existing law to a parent or a patient representative regarding access to medical information. -SEC. 2. -Section 5328.04 of the Welfare and Institutions Code is amended to read: -5328.04. -(a) Notwithstanding Section 5328, information and records made confidential under that section may be disclosed to a county social worker, a probation officer, a foster care public health nurse acting pursuant to Section 16501.3, or any other person who is legally authorized to have custody or care of a minor, for the purpose of coordinating health care services and medical treatment, as defined in subdivision (b) of Section 56.103 of the Civil Code, mental health services, or services for developmental disabilities, for the minor. -(b) Information disclosed under subdivision (a) shall not be further disclosed by the recipient unless the disclosure is for the purpose of coordinating health care services and medical treatment, or mental health or developmental disability services, for the minor and only to a person who would otherwise be able to obtain the information under subdivision (a) or any other law. -(c) Information disclosed pursuant to this section shall not be admitted into evidence in any criminal or delinquency proceeding against the minor. Nothing in this subdivision shall prohibit identical evidence from being admissible in a criminal proceeding if that evidence is derived solely from lawful means other than this section and is permitted by law. -(d) Nothing in this section shall be construed to compel a physician and surgeon, licensed psychologist, social worker with a master’s degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information, including notes, that has been given to him or her in confidence by the minor or members of the minor’s family. -(e) The disclosure of information pursuant to this section is not intended to limit disclosure of information when that disclosure is otherwise required by law. -(f) Nothing in this section shall be construed to expand the authority of a social worker, probation officer, foster care public health nurse, or custodial caregiver beyond the authority provided under existing law to a parent or a patient representative regarding access to confidential information. -(g) As used in this section, “minor” means a minor taken into temporary custody or for whom a petition has been filed with the court, or who has been adjudged a dependent child or ward of juvenile court pursuant to Section 300 or 601. -(h) Information and records that may be disclosed pursuant to this section do not include psychotherapy notes, as defined in Section 164.501 of Title 45 of the Code of Federal Regulations. -SEC. 3. -Section 16501.3 of the Welfare and Institutions Code is amended to read: -16501.3. -(a) The State Department of Social Services shall establish and maintain a program of public health nursing in the child welfare services program that meets the federal requirements for the provision of health care to minor and nonminor dependents in foster care consistent with Section 30026.5 of the Government Code. The purpose of the public health nursing program shall be to promote and enhance the physical, mental, dental, and developmental well-being of children in the child welfare system. -(b) Under this program, counties shall use the services of a foster care public health nurse. The foster care public health nurse shall work with the appropriate child welfare services workers to coordinate health care services and serve as a liaison with health care professionals and other providers of health-related services. This shall include coordination with county mental health plans and local health jurisdictions, as appropriate. In order to fulfill these duties, the foster care public health nurse shall have access to the child’s medical, dental, and mental health care information, in a manner that is consistent with all relevant privacy requirements. -(c) The duties of a foster care public health nurse shall include, but need not be limited to, the following: -(1) Documenting that each child in foster care receives initial and followup health screenings that meet reasonable standards of medical practice. -(2) Collecting health information and other relevant data on each foster child as available, receiving all collected information to determine appropriate referral and services, and expediting referrals to providers in the community for early intervention services, specialty services, dental care, mental health services, and other health-related services necessary for the child. -(3) Participating in medical care planning and coordinating for the child. This may include, but is not limited to, assisting case workers in arranging for comprehensive health and mental health assessments, interpreting the results of health assessments or evaluations for the purpose of case planning and coordination, facilitating the acquisition of any necessary court authorizations for procedures or medications, monitoring and oversight of psychotropic medications, advocating for the health care needs of the child, and ensuring the creation of linkage among various providers of care. -(4) Providing followup contact to assess the child’s progress in meeting treatment goals. -(5) At the request of and under the direction of a nonminor dependent, as described in subdivision (v) of Section 11400, assisting the nonminor dependent in accessing physical health and mental health care, coordinating the delivery of health and mental health care services, advocating for the health and mental health care that meets the needs of the nonminor dependent, assisting the nonminor dependent to make informed decisions about his or her health care by, at a minimum, providing educational materials, and assisting the nonminor dependent to assume responsibility for his or her ongoing physical and mental health care management. -(d) The services provided by foster care public health nurses under this section shall be limited to those for which reimbursement may be claimed under Title XIX of the federal Social Security Act at an enhanced rate for services delivered by skilled professional medical personnel. Notwithstanding any other law, this section shall be implemented only if, and to the extent that, the department determines that federal financial participation, as provided under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available. -(e) (1) The State Department of Health Care Services shall seek any necessary federal approvals for child welfare agencies to appropriately claim enhanced federal Title XIX funds for services provided pursuant to this section. -(2) Commencing in the fiscal year immediately following the fiscal year in which the necessary federal approval pursuant to paragraph (1) is secured, county child welfare agencies shall provide health care oversight and coordination services pursuant to this section, and may accomplish this through agreements with local public health agencies. -(f) (1) Notwithstanding Section 10101, prior to the 2011–12 fiscal year, there shall be no required county match of the nonfederal cost of this program. -(2) Commencing in the 2011–12 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. -SEC. 3.5. -Section 16501.3 of the Welfare and Institutions Code is amended to read: -16501.3. -(a) The State Department of Social Services shall establish and maintain a program of public health nursing in the child welfare services program that meets the federal requirements for the provision of health care to minor and nonminor dependents in foster care consistent with Section 30026.5 of the Government Code. The purpose of the public health nursing program shall be to promote and enhance the physical, mental, dental, and developmental well-being of children in the child welfare system. -(b) Under this program, counties shall use the services of a foster care public health nurse. The foster care public health nurse shall work with the appropriate child welfare services workers to coordinate health care services and serve as a liaison with health care professionals and other providers of health-related services. This shall include coordination with county mental health plans and local health jurisdictions, as appropriate. In order to fulfill these duties, the foster care public health nurse shall have access to the child’s medical, dental, and mental health care information, in a manner that is consistent with all relevant privacy requirements. -(c) The duties of a foster care public health nurse shall include, but need not be limited to, the following: -(1) Documenting that each child in foster care receives initial and followup health screenings that meet reasonable standards of medical practice. -(2) Collecting health information and other relevant data on each foster child as available, receiving all collected information to determine appropriate referral and services, and expediting referrals to providers in the community for early intervention services, specialty services, dental care, mental health services, and other health-related services necessary for the child. -(3) Participating in medical care planning and coordinating for the child. This may include, but is not limited to, assisting case workers in arranging for comprehensive health and mental health assessments, interpreting the results of health assessments or evaluations for the purpose of case planning and coordination, facilitating the acquisition of any necessary court authorizations for procedures or medications, monitoring and oversight of psychotropic medications, advocating for the health care needs of the child, and ensuring the creation of linkage among various providers of care. -(4) Providing followup contact to assess the child’s progress in meeting treatment goals. -(5) At the request of and under the direction of a nonminor dependent, as described in subdivision (v) of Section 11400, assisting the nonminor dependent in accessing physical health and mental health care, coordinating the delivery of health and mental health care services, advocating for the health and mental health care that meets the needs of the nonminor dependent, assisting the nonminor dependent to make informed decisions about his or her health care by, at a minimum, providing educational materials, and assisting the nonminor dependent to assume responsibility for his or her ongoing physical and mental health care management. -(d) The services provided by foster care public health nurses under this section shall be limited to those for which reimbursement may be claimed under Title XIX of the federal Social Security Act at an enhanced rate for services delivered by skilled professional medical personnel. Notwithstanding any other law, this section shall be implemented only if, and to the extent that, the department determines that federal financial participation, as provided under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available. -(e) (1) The State Department of Health Care Services shall seek any necessary federal approvals for child welfare agencies to appropriately claim enhanced federal Title XIX funds for services provided pursuant to this section. -(2) Commencing in the fiscal year immediately following the fiscal year in which the necessary federal approval pursuant to paragraph (1) is secured, county child welfare agencies shall provide health care oversight and coordination services pursuant to this section, and may accomplish this through agreements with local public health agencies. -(f) (1) Notwithstanding Section 10101, prior to the 2011–12 fiscal year, there shall be no required county match of the nonfederal cost of this program. -(2) Commencing in the 2011–12 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. -(g) Public health nurses shall receive training developed pursuant to subdivision (d) of Section 16501.4. -SEC. 4. -Section 3.5 of this bill incorporates amendments to Section 16501.3 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 238. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16501.3 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 238, in which case Section 3 of this bill shall not become operative. -SEC. 5. -To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.","Existing law requires the State Department of Social Services to establish a program of public health nursing in the child welfare services program, and requires counties to use the services of the foster care public health nurse under this program. Existing law requires the foster care public health nurse to perform specified duties, including participating in medical care planning and coordinating for a child in foster care. -This bill would authorize a foster care public health nurse, as part of his or her requirement to participate in medical care planning and coordinating for a child, to monitor and oversee the child’s use of psychotropic medications. The bill would also require a foster care public health nurse to assist a nonminor dependent to make informed decisions about his or her health care. By imposing this additional duty on foster care public health nurses, this bill would impose a state-mandated local program. -Existing law restricts the disclosure of medical and mental health information by providers of health care and mental health care services, but authorizes disclosure of this information to county social workers, probation officers, or any other person who is legally authorized to have custody and care of a minor who is in temporary custody or subject to the jurisdiction of the juvenile court, for the purpose of coordinating medical treatment and health care, mental health, and developmental disability services for the minor. -This bill would authorize the disclosure of this health care and mental health care information to a foster care public health nurse, as specified. -This bill would incorporate changes to Section 16501.3 of the Welfare and Institutions Code proposed by both this bill and SB 238, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 56.103 of the Civil Code, and to amend Sections 5328.04 and 16501.3 of the Welfare and Institutions Code, relating to child welfare services." -81,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 49013 of the Education Code is amended to read: -49013. -(a) A complaint of noncompliance with the requirements of this article may be filed with the principal of a school under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. -(b) A complaint may be filed anonymously if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with the requirements of this article. -(c) A complainant not satisfied with the decision of a public school may appeal the decision to the department and shall receive a written appeal decision within 60 days of the department’s receipt of the appeal. -(d) If a public school finds merit in a complaint, or the department finds merit in an appeal, the public school shall provide a remedy to all affected pupils, parents, and guardians that, where applicable, includes reasonable efforts by the public school to ensure full reimbursement to all affected pupils, parents, and guardians, subject to procedures established through regulations adopted by the state board. -(e) Information regarding the requirements of this article shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. -(f) Public schools shall establish local policies and procedures to implement the provisions of this section on or before March 1, 2013. A public school shall not establish a local policy or procedure pursuant to this subdivision that authorizes the public school to resolve a complaint filed pursuant to this section, whether formally or informally, by providing a remedy to the complainant without also providing a remedy to all affected pupils, parents, and guardians, as required by subdivision (d). -(g) The Superintendent shall have all power and authority necessary to ensure that, when the department finds merit in an appeal filed pursuant to this section, the complaint is resolved pursuant to subdivision (d) in a timely manner. -(h) If the department finds merit in an appeal filed pursuant to this section, the department’s written decision shall identify with specificity the corrective action that the public school shall take to confirm that it has provided a remedy to all affected pupils, including, if applicable, specific direction regarding the reasonable efforts the public school shall take to ensure full reimbursement to all affected pupils. -(i) If the public school failed to address an issue raised in the complaint filed pursuant to this section in the public school’s decision about that complaint, the department shall require the public school to respond to the issue within 10 business days and, after providing this opportunity to respond, the department shall make findings on the merit of the appeal without remanding the complaint to the public school for further consideration, regardless of whether the public school provided the required response. -(j) If the complainant submits evidence in conjunction with the appeal that is related to an issue raised in the underlying complaint and that is presented for the first time on appeal, the department shall determine whether there is merit in the appeal regardless of the newly submitted evidence. If the department determines there is merit in the appeal, the department shall resolve the underlying complaint. If the department determines there is not merit in the appeal, the department shall send the underlying complaint and new evidence back to the public school for further consideration. -(k) If the complainant raises one or more issues on appeal that were not presented in the underlying complaint, the department shall remand any new issue to the public school to treat as a newly filed complaint as provided in this section, but shall resolve the remainder of the appeal as provided in this section. -(l) A public school shall provide to the department, within 60 days of the department’s written decision, evidence documenting that the public school has complied with any corrective action specified in the written decision and the requirements of subdivision (d). -(m) If the public school has not satisfied the requirement in subdivision (l), the superintendent of the school district or the county office of education or the principal of the charter school, as appropriate based on the public school involved in the underlying complaint, shall appear at the next regularly scheduled meeting of the governing board or body of the public school to explain the public school’s failure to satisfy that requirement. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law prohibits a pupil enrolled in a public school from being required to pay a pupil fee for participation in an educational activity. Existing law authorizes a complaint of noncompliance to be filed with the principal of a school for violation of that prohibition, as specified, and required public schools to establish local policies and procedures to implement the complaint provisions. -This bill would prohibit a public school from establishing a local policy or procedure that authorizes the public school to resolve a complaint by providing a remedy to the complainant without also providing a remedy to all affected pupils, parents, and guardians, as provided. The bill would authorize the Superintendent of Public Instruction to ensure that an appeal that the State Department of Education finds merit in is resolved in a timely manner, as specified. The bill would establish procedures for appeals, including, among others, requiring a public school to provide to the department, within 60 days of the department’s written decision, evidence documenting that the public school has complied with any corrective action specified in the written decision. By imposing additional duties on public schools and local educational agencies, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 49013 of the Education Code, relating to pupil fees." -82,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17140.4 is added to the Revenue and Taxation Code, to read: -17140.4. -For taxable years beginning on or after January 1, 2016, Section 529A of the Internal Revenue Code, relating to qualified ABLE programs, added by Section 102 of Division B of Public Law 113-295, shall apply, except as otherwise provided. -(a) Section 529A(a) of the Internal Revenue Code is modified as follows: -(1) By substituting the phrase “under this part and Part 11 (commencing with Section 23001)” in lieu of the phrase “under this subtitle.” -(2) By substituting “Article 2 (commencing with Section 23731)” in lieu of “Section 511.” -(b) Section 529A(c)(3)(A) of the Internal Revenue Code is modified by substituting “2.5 percent” in lieu of “10 percent.” -(c) A copy of the report required to be filed with the Secretary of the Treasury under Section 529A(d) of the Internal Revenue Code, relating to reports, shall be filed with the Franchise Tax Board at the same time and in the same manner as specified in that section. -SEC. 2. -Chapter 15 (commencing with Section 4875) is added to Division 4.5 of the Welfare and Institutions Code, to read: -CHAPTER 15. Qualified ABLE Program -4875. -For purposes of this chapter: -(a) “ABLE account” or “account” means the account established and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account. -(b) “Administrative fund” means the fund used to administer this chapter. -(c) “Board” means the California ABLE Act Board established under this chapter. -(d) “California ABLE Program Trust” or “ABLE program trust” means the trust created pursuant to this chapter. -(e) “Designated beneficiary” means the eligible individual who established an ABLE account and is the owner of the account. -(f) “Eligible individual” means an individual who is eligible under the program for a taxable year if during that taxable year both of the following criteria are met: -(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 26 years of age. -(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act. -(g) “Federal ABLE Act” means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014. -(h) “Investment management” means the functions performed by a manager contracted to perform functions delegated by the board. -(i) “Investment manager” means a manager contracted to perform functions delegated by the board. -(j) “Program fund” means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust. -(k) “Qualified ABLE Program” or “program” means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code. -(l) “Qualified disability expenses” means any expenses related to the eligible individual’s blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including expenses related to education, housing, transportation, employment training and support, assistive technology and personal support services, health, prevention and wellness, financial management and administrative services, legal fees, expenses for oversight and monitoring, funeral and burial expenses, and other expenses, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act. -4876. -There is hereby created the California ABLE Act Board that consists of the Treasurer, the Director of Finance, the Controller, the Director of Developmental Services, the Chairperson of the State Council on Developmental Disabilities, the Director of Rehabilitation, and the Chair of the State Independent Living Council, or their designees. The Treasurer shall serve as chair of the board. -4879. -(a) Under the program, a person may make contributions for a taxable year, for the benefit of an individual who is an eligible individual for that taxable year, to an ABLE account that is established for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account if both of the following criteria are met: -(1) The designated beneficiary is limited to one ABLE account for purposes of this chapter. -(2) The ABLE account is established only for a designated beneficiary who is a resident of this state. -(b) A contribution shall not be accepted if either of the following occurs: -(1) The contribution is not in cash. -(2) Except in the case of contributions under Section 529A(c)(1)(C) of the Internal Revenue Code, relating to change in designated beneficiaries or programs, the contribution to an ABLE account would result in aggregate contributions from all contributors to the ABLE account for the taxable year exceeding the amount in effect under Section 2503(b) of the Internal Revenue Code, relating to exclusion from gifts, for the calendar year in which the taxable year begins. -(c) The designated beneficiary shall retain ownership of all contributions made to the designated beneficiary’s ABLE account to the date of utilization for qualified disability expenses, and all interest derived from the investment of the contributions to the designated beneficiary’s ABLE account shall be deemed to be held in the ABLE program trust for the benefit of the designated beneficiary. Neither the contributions, nor any interest derived therefrom, may be pledged as collateral for any loan. -(d) The board shall develop adequate safeguards to prevent aggregate contributions on behalf of a designated beneficiary in excess of the maximum contribution limits necessary to provide for the qualified disability expenses of the designated beneficiary. For purposes of this subdivision, aggregate contributions include contributions under any prior qualified ABLE program of any state or agency or instrumentality thereof. -4881. -(a) The board shall provide an annual listing of distributions to individuals with respect to an interest in an ABLE account to the Franchise Tax Board at a time and in a manner and form as specified by the Franchise Tax Board. The taxpayers’ identification numbers obtained in connection with an ABLE account shall be used exclusively for state and federal tax administration purposes. -(b) The board shall make a report to the appropriate individual of any distribution to any individual with respect to an interest in an ABLE account, at a time and in a form and manner as required by the Franchise Tax Board. -(c) The board shall report annually to each designated beneficiary all of the following: -(1) The value of the designated beneficiary’s account. -(2) The interest earned thereon. -(3) The rate of return of the investments in the designated beneficiary’s account for that reporting period. -(4) Information on investments and qualified disability expenses that designated beneficiaries can use to set savings goals and contribution amounts. -(d) The board shall provide a means for designated beneficiaries to express concerns or comments regarding the ABLE program trust and any information required to be reported by this section. -4883. -This act shall be construed liberally in order to effectuate its legislative intent. The purposes of this act and all of its provisions with respect to powers granted shall be broadly interpreted to effectuate the intent and purposes of the federal ABLE Act and not as a limitation of those powers. -SEC. 3. -This act shall only become effective if Assembly Bill 449 of the 2015–16 Regular Session is enacted and becomes effective.","The Personal Income Tax Law and the Corporation Tax Law, in specified conformity with federal income tax laws regarding qualified tuition programs, provide that distributions from a qualified tuition program are generally not included in the income of the donor or the beneficiary, as specified. -Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), for taxable years beginning on or after January 1, 2014, encourages and assists individuals and families to save private funds for the purpose of supporting persons with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a beneficiary of a Qualified ABLE Program established and maintained by a state, as specified. -This bill, for taxable years beginning on or after January 1, 2016, would conform to these federal income tax law provisions relating to the ABLE Act under the Personal Income Tax Law, as provided. The bill would create the ABLE Act Board and would require the board provide an annual listing of distributions to individuals that have an interest in an ABLE account to the Franchise Tax Board, as provided. -This bill would provide that it will only become effective if AB 449 is enacted and becomes effective.","An act to add Section 17140.4 to the Revenue and Taxation Code, and to add Chapter 15 (commencing with Section 4875) to Division 4.5 of the Welfare and Institutions Code, relating to taxation." -83,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Penalty assessments have been used to fund an increasing number of programs that should properly be funded by broad-based financing mechanisms. -(b) The ever-increasing reliance on penalty assessments to fund core state programs is a regressive financing mechanism, and is particularly harmful to individuals who can least afford these assessments. High fines and assessments can perpetuate a cycle of poverty and inequality, given that individuals with lower incomes are more likely to miss payments and suffer the consequences. -(c) It is in the state’s interest to ensure funding for emergency medical air transportation is sufficient to maintain access to these critical services for Medi-Cal beneficiaries and all individuals in California. -(d) Therefore, it is the intent of the Legislature to identify alternative funding sources for emergency medical air transportation and cease reliance on penalty assessment revenue to fund these services. -(e) Accordingly, it is the intent of the Legislature to cease the collection of penalty assessments on January 1, 2018, pursuant to the Emergency Medical Air Transportation Act. -SEC. 2. -Section 76000.10 of the Government Code is amended to read: -76000.10. -(a) This section shall be known, and may be cited, as the Emergency Medical Air Transportation Act. -(b) For purposes of this section: -(1) “Department” means the State Department of Health Care Services. -(2) “Director” means the Director of Health Care Services. -(3) “Provider” means a provider of emergency medical air transportation services. -(4) “Rotary wing” means a type of aircraft, commonly referred to as a helicopter, that generates lift through the use of wings, known as rotor blades, that revolve around a mast. -(5) “Fixed wing” means a type of aircraft, commonly referred to as an airplane, that generates lift through the use of the forward motion of the aircraft and wings that do not revolve around a mast but are fixed in relation to the fuselage of the aircraft. -(6) “Air mileage rate” means the per-mileage reimbursement rate paid for services rendered by rotary-wing and fixed-wing providers. -(c) (1) For purposes of implementing this section, a penalty of four dollars ($4) shall be imposed upon every conviction for a violation of the Vehicle Code or a local ordinance adopted pursuant to the Vehicle Code, except parking offenses subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. -(2) The penalty described in this subdivision shall be in addition to the state penalty assessed pursuant to Section 1464 of the Penal Code. However, this penalty shall not be included in the base fine used to calculate the state penalty assessment pursuant to subdivision (a) of Section 1464 of the Penal Code, the state surcharge levied pursuant to Section 1465.7 of the Penal Code, and the state court construction penalty pursuant to Section 70372 of this code, and to calculate the other additional penalties levied pursuant to this chapter. -(d) The county or the court that imposed the fine shall, in accordance with the procedures set out in Section 68101, transfer moneys collected pursuant to this section to the Treasurer for deposit into the Emergency Medical Air Transportation Act Fund, which is hereby established in the State Treasury. Notwithstanding Section 16305.7, the Emergency Medical Air Transportation Act Fund shall include interest and dividends earned on money in the fund. -(e) (1) The Emergency Medical Air Transportation Act Fund shall be administered by the State Department of Health Care Services. Moneys in the Emergency Medical Air Transportation Act Fund shall be made available, upon appropriation by the Legislature, to the department to be used as follows: -(A) For payment of the administrative costs of the department in administering this section. -(B) Twenty percent of the fund remaining after payment of administrative costs pursuant to subparagraph (A) shall be used to offset the state portion of the Medi-Cal reimbursement rate for emergency medical air transportation services. -(C) Eighty percent of the fund remaining after payment of administrative costs pursuant to subparagraph (A) shall be used to augment emergency medical air transportation reimbursement payments made through the Medi-Cal program, as set forth in paragraphs (2) and (3). -(2) (A) The department shall seek to obtain federal matching funds by using the moneys in the Emergency Medical Air Transportation Act Fund for the purpose of augmenting Medi-Cal reimbursement paid to emergency medical air transportation providers. -(B) The director shall do all of the following: -(i) By March 1, 2011, meet with medical air transportation providers to determine the most appropriate methodology to distribute the funds for medical air services. -(ii) Implement the methodology determined most appropriate in a timely manner. -(iii) Develop the methodology in collaboration with the medical air providers. -(iv) Submit any state plan amendments or waiver requests that may be necessary to implement this section. -(v) Submit any state plan amendment or waiver request that may be necessary to implement this section. -(vi) Seek federal approvals or waivers as may be necessary to implement this section and to obtain federal financial participation to the maximum extent possible for the payments under this section. If federal approvals are not received, moneys in the fund may be distributed pursuant to this section until federal approvals are received. -(C) The director may give great weight to the needs of the emergency medical air services providers, as discussed through the development of the methodology. -(3) (A) Upon appropriation by the Legislature, the department shall use moneys in the Emergency Medical Air Transportation Act Fund and any federal matching funds to increase the Medi-Cal reimbursement for emergency medical air transportation services in an amount not to exceed normal and customary charges charged by the providers. -(B) Notwithstanding any other law, and pursuant to this section, the department shall increase the Medi-Cal reimbursement for emergency medical air transportation services if both of the following conditions are met: -(i) Moneys in the Emergency Medical Air Transportation Act Fund will cover the cost of increased payments pursuant to subparagraph (A). -(ii) The state does not incur any General Fund expense to pay for the Medi-Cal emergency medical air transportation services increase. -(f) The assessment of penalties pursuant to this section shall terminate on January 1, 2018. Penalties assessed before January 1, 2018, shall continue to be collected, administered, and distributed pursuant to this section until exhausted or until June 30, 2019, whichever occurs first. On June 30, 2019, moneys remaining unexpended and unencumbered in the Emergency Medical Air Transportation Act Fund shall be transferred to the General Fund, to be available, upon appropriation by the Legislature, for the purposes of augmenting Medi-Cal reimbursement for emergency medical air transportation and related costs, generally. -(g) Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, the department may implement, interpret, or make specific this section and any applicable federal waivers and state plan amendments by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions without taking regulatory action. -(h) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 3. -Section 10752 is added to the Welfare and Institutions Code, to read: -10752. -The department shall, by March 1, 2017, in coordination with the Department of Finance, develop a funding plan that ensures adequate reimbursement to emergency medical air transportation providers following the termination of penalty assessments pursuant to subdivision (f) of Section 76000.10 of the Government Code on January 1, 2018.","Under existing law, the Emergency Medical Air Transportation Act, a penalty of $4 is imposed upon every conviction for a violation of the Vehicle Code, or a local ordinance adopted pursuant to the Vehicle Code, other than a parking offense. Existing law requires the county or the court that imposed the fine to transfer the moneys collected pursuant to this act to the Emergency Medical Air Transportation Act Fund. Under existing law, the assessment of these penalties will terminate on January 1, 2016, and any moneys unexpended and unencumbered in the Emergency Medical Air Transportation Act Fund on June 30, 2017, will transfer to the General Fund. Existing law repeals the Emergency Medical Air Transportation Act on January 1, 2018. -This bill would extend the dates of the Emergency Medical Air Transportation Act, so that the assessment of the penalties will terminate commencing January 1, 2018, and any moneys unexpended and unencumbered in the Emergency Medical Air Transportation Act Fund on June 30, 2019, will transfer to the General Fund. The bill would extend the operation of the Emergency Medical Air Transportation Act until January 1, 2020. -The bill would also make legislative findings and declarations as to the harmful effects of relying on penalty assessments to fund core state programs and the necessity to identify alternative funding sources for emergency medical air transportation services. The bill would require the State Department of Health Care Services and the Department of Finance to develop, by March 1, 2017, a funding plan that ensures adequate reimbursement to emergency medical air transportation providers following the expiration of the Emergency Medical Air Transportation Act on January 1, 2020.","An act to amend Section 76000.10 of the Government Code, and to add Section 10752 to the Welfare and Institutions Code, relating to emergency services." -84,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Existing law requires licensed pest control operators to provide to tenants written notification that includes the pest to be targeted, the pesticide to be used, the frequency of its use, and a health and safety statement prior to a pesticide application. -(b) Landlords or authorized agents may apply pesticides without using the services of a licensed pest control operator. There is no requirement for landlords or authorized agents to notify tenants when pesticides are applied to their units or common areas. -(c) It is therefore the intent of this bill to ensure that when pesticides are about to be applied to rental property by the landlord or an authorized agent, rather than by a licensed pest control operator, potentially affected tenants are provided with substantially the same written notification that they would have received under existing law had the pesticides been applied by a pest control operator. -SEC. 2. -Section 1940.8.5 is added to the Civil Code, to read: -1940.8.5. -(a) For purposes of this section, the following terms have the following meanings: -(1) “Adjacent dwelling unit” means a dwelling unit that is directly beside, above, or below a particular dwelling unit. -(2) “Authorized agent” means an individual, organization, or other entity that has entered into an agreement with a landlord to act on the landlord’s behalf in relation to the management of a residential rental property. -(3) “Broadcast application” means spreading pesticide over an area greater than two square feet. -(4) “Electronic delivery” means delivery of a document by electronic means to the electronic address at or through which a tenant, landlord, or authorized agent has authorized electronic delivery. -(5) “Landlord” means an owner of residential rental property. -(6) “Pest” means a living organism that causes damage to property or economic loss, or transmits or produces diseases. -(7) “Pesticide” means any substance, or mixture of substances, that is intended to be used for controlling, destroying, repelling, or mitigating any pest or organism, excluding antimicrobial pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)). -(8) “Licensed pest control operator” means anyone licensed by the state to apply pesticides. -(b) (1) A landlord or authorized agent that applies any pesticide to a dwelling unit without a licensed pest control operator shall provide a tenant of that dwelling unit and, if making broadcast applications, or using total release foggers or aerosol sprays, any tenant in an adjacent dwelling unit that could reasonably be impacted by the pesticide use with written notice that contains the following statements and information using words with common and everyday meaning: -(A) The pest or pests to be controlled. -(B) The name and brand of the pesticide product proposed to be used. -(C) “State law requires that you be given the following information: - - -CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. -If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222). -For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).” - - -(D) The approximate date, time, and frequency with which the pesticide will be applied. -(E) The following notification: -“The approximate date, time, and frequency of this pesticide application is subject to change.” -(2) At least 24 hours prior to application of the pesticide to the dwelling unit, the landlord or authorized agent shall provide the notice to the tenant of the dwelling unit, as well as any tenants in adjacent units that are required to be notified pursuant to paragraph (1), in at least one of the following ways: -(A) First-class mail. -(B) Personal delivery to the tenant, someone of suitable age and discretion at the premises, or under the usual entry door of the premises. -(C) Electronic delivery, if an electronic mailing address has been provided by the tenant. -(D) Posting a written notice in a conspicuous place at the unit entry in a manner in which a reasonable person would discover the notice. -(3) (A) Upon receipt of written notification, the tenant may agree in writing, or if notification was electronically delivered, the tenant may agree through electronic delivery, to allow the landlord or authorized agent to apply a pesticide immediately or at an agreed upon time. -(B) (i) Prior to receipt of written notification, the tenant and the landlord or authorized agent may agree orally to an immediate pesticide application if a tenant requests that the pesticide be applied before 24-hour advance notice can be given. The oral agreement shall include the name and brand of the pesticide product proposed to be used. -(ii) With respect to a tenant entering into an oral agreement for immediate pesticide application, the landlord or authorized agent, no later than the time of pesticide application, shall leave the written notice specified in paragraph (1) in a conspicuous place in the dwelling unit, or at the entrance of the unit in a manner in which a reasonable person would discover the notice. -(iii) If any tenants in adjacent dwelling units are also required to be notified pursuant to this subdivision, the landlord or authorized agent shall provide those tenants with this notice as soon as practicable after the oral agreement is made authorizing immediate pesticide application, but in no case later than commencement of application of the pesticide. -(4) (A) This subdivision shall not be construed to require an association, as defined in Section 4080, to provide notice of pesticide use in a separate interest, as defined in Section 4185, within a common interest development, as defined in Section 4100. -(B) Notwithstanding subparagraph (A), an association, as defined in Section 4080, that has taken title to a separate interest, as defined in Section 4185, shall provide notification to tenants as specified in this subdivision. -(c) (1) A landlord or authorized agent that applies any pesticide to a common area without a licensed pest control operator, excluding routine pesticide applications described in subdivision (d), shall post written notice in a conspicuous place in the common area in which a pesticide is to be applied that contains the following statements and information using words with common and everyday meaning: -(A) The pest or pests to be controlled. -(B) The name and brand of the pesticide product proposed to be used. -(C) “State law requires that you be given the following information: - - -CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. -If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222). -For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).” - - -(D) The approximate date, time, and frequency with which the pesticide will be applied. -(2) (A) The notice shall be posted before a pesticide application in a common area and shall remain posted for at least 24 hours after the pesticide is applied. -(B) Landlords and their authorized agents are not liable for any notice removed from a common area without the knowledge or consent of the landlord or authorized agent. -(C) If the pest poses an immediate threat to health and safety, thereby making compliance with notification prior to the pesticide application required in subparagraph (A) unreasonable, a landlord or authorized agent shall post the notification as soon as practicable, but not later than one hour after the pesticide is applied. -(3) If a common area lacks a suitable place to post a notice, then the landlord shall provide the notice to each dwelling unit in at least one of the following ways: -(A) First-class mail. -(B) Personal delivery to the tenant, someone of suitable age and discretion at the premises, or under the usual entry door of the premises. -(C) Electronic delivery, if an electronic mailing address has been provided by the tenant. -(D) Posting a written notice in a conspicuous place at the unit entry in a manner in which a reasonable person would discover the notice. -(4) This subdivision shall not be construed to require any landlord or authorized agent, or an association, as defined in Section 4080, to provide notice of pesticide use in common areas within a common interest development, as defined in Section 4100. -(d) (1) A landlord or authorized agent that routinely applies pesticide in a common area on a set schedule without a licensed pest control operator shall provide a tenant in each dwelling unit with written notice that contains the following statements and information using words with common and everyday meaning: -(A) The pest or pests to be controlled. -(B) The name and brand of the pesticide product proposed to be used. -(C) “State law requires that you be given the following information: - - -CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. -If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222). -For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).” - - -(D) The schedule pursuant to which the pesticide will be routinely applied. -(2) (A) The landlord or authorized agent shall provide the notice to both of the following: -(i) Existing tenants prior to the initial pesticide application. -(ii) Each new tenant prior to entering into a lease agreement. -(B) The landlord or authorized agent shall provide the notice to the tenant in at least one of the following ways: -(i) First-class mail. -(ii) Personal delivery to the tenant, someone of suitable age and discretion at the premises, or under the usual entry door of the premises. -(iii) Electronic delivery, if an electronic mailing address has been provided by the tenant. -(iv) Posting a written notice in a conspicuous place at the unit entry in a manner in which a reasonable person would discover the notice. -(C) If the pesticide to be used is changed, a landlord or authorized agent shall provide a new notice pursuant to paragraph (1). -(D) This subdivision shall not be construed to require any landlord or authorized agent, or an association, as defined in Section 4080, to provide notice of pesticide use in common areas within a common interest development, as defined in Section 4100. -(e) Nothing in this section abrogates the responsibility of a registered structural pest control company to abide by the notification requirements of Section 8538 of the Business and Professions Code. -(f) Nothing in this section authorizes a landlord or authorized agent to enter a tenant’s dwelling unit in violation of Section 1954. -(g) If a tenant is provided notice in compliance with this section, a landlord or authorized agent is not required to provide additional information, and the information shall be deemed adequate to inform the tenant regarding the application of pesticides.","Existing law regulates the hiring of dwelling units, as defined. Existing law requires a landlord of a residential dwelling unit to provide a new tenant with certain disclosures, including, but not limited to, specified notice from a registered structural pest control company regarding the use of pesticides at the dwelling unit if a contract for periodic pest control service has been executed. -This bill, with certain exceptions, would require the landlord or the landlord’s authorized agent, as defined, to provide a tenant, and, if certain conditions are met, any tenant of adjacent units, with specified notice of the use of pesticides at the dwelling unit if the landlord or authorized agent applies any pesticide without a licensed pest control operator. -The bill, with certain exceptions, would require the posting of a similar notice at least 24 hours prior to application of any pesticide to a common area without a licensed pest control operator, unless the pest poses an immediate threat to health and safety, in which case the notice would be required to be posted as soon as practicable, but not later than one hour after the pesticide is applied. For routine application pursuant to a schedule in common areas, the bill would require a notification to existing tenants prior to the initial routine application and to new tenants at the time that the lease agreement is entered into.","An act to add Section 1940.8.5 to the Civil Code, relating to rental property." -85,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1091 of the Government Code is amended to read: -1091. -(a) An officer shall not be deemed to be interested in a contract entered into by a body or board of which the officer is a member within the meaning of this article if the officer has only a remote interest in the contract and if the fact of that interest is disclosed to the body or board of which the officer is a member and noted in its official records, and thereafter the body or board authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer or member with the remote interest. -(b) As used in this article, “remote interest” means any of the following: -(1) That of an officer or employee of a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), pursuant to Section 501(c)(5) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a nonprofit corporation, except as provided in paragraph (8) of subdivision (a) of Section 1091.5. -(2) That of an employee or agent of the contracting party, if the contracting party has 10 or more other employees and if the officer was an employee or agent of that contracting party for at least three years prior to the officer initially accepting his or her office and the officer owns less than 3 percent of the shares of stock of the contracting party; and the employee or agent is not an officer or director of the contracting party and did not directly participate in formulating the bid of the contracting party. -For purposes of this paragraph, time of employment with the contracting party by the officer shall be counted in computing the three-year period specified in this paragraph even though the contracting party has been converted from one form of business organization to a different form of business organization within three years of the initial taking of office by the officer. Time of employment in that case shall be counted only if, after the transfer or change in organization, the real or ultimate ownership of the contracting party is the same or substantially similar to that which existed before the transfer or change in organization. For purposes of this paragraph, stockholders, bondholders, partners, or other persons holding an interest in the contracting party are regarded as having the “real or ultimate ownership” of the contracting party. -(3) That of an employee or agent of the contracting party, if all of the following conditions are met: -(A) The agency of which the person is an officer is a local public agency located in a county with a population of less than 4,000,000. -(B) The contract is competitively bid and is not for personal services. -(C) The employee or agent is not in a primary management capacity with the contracting party, is not an officer or director of the contracting party, and holds no ownership interest in the contracting party. -(D) The contracting party has 10 or more other employees. -(E) The employee or agent did not directly participate in formulating the bid of the contracting party. -(F) The contracting party is the lowest responsible bidder. -(4) That of a parent in the earnings of his or her minor child for personal services. -(5) That of a landlord or tenant of the contracting party. -(6) That of an attorney of the contracting party or that of an owner, officer, employee, or agent of a firm that renders, or has rendered, service to the contracting party in the capacity of stockbroker, insurance agent, insurance broker, real estate agent, or real estate broker, if these individuals have not received and will not receive remuneration, consideration, or a commission as a result of the contract and if these individuals have an ownership interest of 10 percent or more in the law practice or firm, stock brokerage firm, insurance firm, or real estate firm. -(7) That of a member of a nonprofit corporation formed under the Food and Agricultural Code or a nonprofit corporation formed under the Corporations Code for the sole purpose of engaging in the merchandising of agricultural products or the supplying of water. -(8) That of a supplier of goods or services when those goods or services have been supplied to the contracting party by the officer for at least five years prior to his or her election or appointment to office. -(9) That of a person subject to the provisions of Section 1090 in any contract or agreement entered into pursuant to the provisions of the California Land Conservation Act of 1965. -(10) Except as provided in subdivision (b) of Section 1091.5, that of a director of, or a person having an ownership interest of, 10 percent or more in a bank, bank holding company, or savings and loan association with which a party to the contract has a relationship of borrower or depositor, debtor or creditor. -(11) That of an engineer, geologist, or architect employed by a consulting engineering or architectural firm. This paragraph applies only to an employee of a consulting firm who does not serve in a primary management capacity, and does not apply to an officer or director of a consulting firm. -(12) That of an elected officer otherwise subject to Section 1090, in any housing assistance payment contract entered into pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) as amended, provided that the housing assistance payment contract was in existence before Section 1090 became applicable to the officer and will be renewed or extended only as to the existing tenant, or, in a jurisdiction in which the rental vacancy rate is less than 5 percent, as to new tenants in a unit previously under a Section 8 contract. This section applies to any person who became a public official on or after November 1, 1986. -(13) That of a person receiving salary, per diem, or reimbursement for expenses from a government entity. -(14) That of a person owning less than 3 percent of the shares of a contracting party that is a for-profit corporation, provided that the ownership of the shares derived from the person’s employment with that corporation. -(15) That of a party to litigation involving the body or board of which the officer is a member in connection with an agreement in which all of the following apply: -(A) The agreement is entered into as part of a settlement of litigation in which the body or board is represented by legal counsel. -(B) After a review of the merits of the agreement and other relevant facts and circumstances, a court of competent jurisdiction finds that the agreement serves the public interest. -(C) The interested member has recused himself or herself from all participation, direct or indirect, in the making of the agreement on behalf of the body or board. -(16) That of a person who is an officer or employee of an investor-owned utility that is regulated by the Public Utilities Commission with respect to a contract between the investor-owned utility and a state, county, district, judicial district, or city body or board of which the person is a member, if the contract requires the investor-owned utility to provide energy efficiency rebates or other type of program to encourage energy efficiency that benefits the public when all of the following apply: -(A) The contract is funded by utility consumers pursuant to regulations of the Public Utilities Commission. -(B) The contract provides no individual benefit to the person that is not also provided to the public, and the investor-owned utility receives no direct financial profit from the contract. -(C) The person has recused himself or herself from all participation in making the contract on behalf of the state, county, district, judicial district, or city body or board of which he or she is a member. -(D) The contract implements a program authorized by the Public Utilities Commission. -(c) This section is not applicable to any officer interested in a contract who influences or attempts to influence another member of the body or board of which he or she is a member to enter into the contract. -(d) The willful failure of an officer to disclose the fact of his or her interest in a contract pursuant to this section is punishable as provided in Section 1097. That violation does not void the contract unless the contracting party had knowledge of the fact of the remote interest of the officer at the time the contract was executed. -(e) This section shall be repealed on January 1, 2017. -SEC. 2. -Section 1091 is added to the Government Code, to read: -1091. -(a) An officer shall not be deemed to be interested in a contract entered into by a body or board of which the officer is a member within the meaning of this article if the officer has only a remote interest in the contract and if the fact of that interest is disclosed to the body or board of which the officer is a member and noted in its official records, and thereafter the body or board authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer or member with the remote interest. -(b) As used in this article, “remote interest” means any of the following: -(1) That of an officer or employee of a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), pursuant to Section 501(c)(5) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a nonprofit corporation, except as provided in paragraph (8) of subdivision (a) of Section 1091.5. -(2) That of an employee or agent of the contracting party, if the contracting party has 10 or more other employees and if the officer was an employee or agent of that contracting party for at least three years prior to the officer initially accepting his or her office and the officer owns less than 3 percent of the shares of stock of the contracting party; and the employee or agent is not an officer or director of the contracting party and did not directly participate in formulating the bid of the contracting party. -For purposes of this paragraph, time of employment with the contracting party by the officer shall be counted in computing the three-year period specified in this paragraph even though the contracting party has been converted from one form of business organization to a different form of business organization within three years of the initial taking of office by the officer. Time of employment in that case shall be counted only if, after the transfer or change in organization, the real or ultimate ownership of the contracting party is the same or substantially similar to that which existed before the transfer or change in organization. For purposes of this paragraph, stockholders, bondholders, partners, or other persons holding an interest in the contracting party are regarded as having the “real or ultimate ownership” of the contracting party. -(3) That of an employee or agent of the contracting party, if all of the following conditions are met: -(A) The agency of which the person is an officer is a local public agency located in a county with a population of less than 4,000,000. -(B) The contract is competitively bid and is not for personal services. -(C) The employee or agent is not in a primary management capacity with the contracting party, is not an officer or director of the contracting party, and holds no ownership interest in the contracting party. -(D) The contracting party has 10 or more other employees. -(E) The employee or agent did not directly participate in formulating the bid of the contracting party. -(F) The contracting party is the lowest responsible bidder. -(4) That of a public officer who is an elected member of any state or local body, board, or commission, if that public officer’s spouse, child, parent, sibling, or the spouse of the child, parent, or sibling, has a financial interest in any contract made by that public officer in his or her official capacity, or by any body, board, or commission of which that public officer is a member. -The member knows and fails to disclose, his or her interest in a contract pursuant to this paragraph is punishable as provided in Section 1097. If the member knows and willfully fails to disclose the fact of his or her interest in a contract pursuant to this paragraph is punishable as provided in Section 1097. That violation does not void the contract unless the contracting party had knowledge of the fact of the remote interest of the officer at the time the contract was executed. -(5) That of a landlord or tenant of the contracting party. -(6) That of an attorney of the contracting party or that of an owner, officer, employee, or agent of a firm that renders, or has rendered, service to the contracting party in the capacity of stockbroker, insurance agent, insurance broker, real estate agent, or real estate broker, if these individuals have not received and will not receive remuneration, consideration, or a commission as a result of the contract and if these individuals have an ownership interest of 10 percent or more in the law practice or firm, stock brokerage firm, insurance firm, or real estate firm. -(7) That of a member of a nonprofit corporation formed under the Food and Agricultural Code or a nonprofit corporation formed under the Corporations Code for the sole purpose of engaging in the merchandising of agricultural products or the supplying of water. -(8) That of a supplier of goods or services when those goods or services have been supplied to the contracting party by the officer for at least five years prior to his or her election or appointment to office. -(9) That of a person subject to the provisions of Section 1090 in any contract or agreement entered into pursuant to the provisions of the California Land Conservation Act of 1965. -(10) Except as provided in subdivision (b) of Section 1091.5, that of a director of, or a person having an ownership interest of, 10 percent or more in a bank, bank holding company, or savings and loan association with which a party to the contract has a relationship of borrower or depositor, debtor or creditor. -(11) That of an engineer, geologist, or architect employed by a consulting engineering or architectural firm. This paragraph applies only to an employee of a consulting firm who does not serve in a primary management capacity, and does not apply to an officer or director of a consulting firm. -(12) That of an elected officer otherwise subject to Section 1090, in any housing assistance payment contract entered into pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) as amended, provided that the housing assistance payment contract was in existence before Section 1090 became applicable to the officer and will be renewed or extended only as to the existing tenant, or, in a jurisdiction in which the rental vacancy rate is less than 5 percent, as to new tenants in a unit previously under a Section 8 contract. This section applies to any person who became a public official on or after November 1, 1986. -(13) That of a person receiving salary, per diem, or reimbursement for expenses from a government entity. -(14) That of a person owning less than 3 percent of the shares of a contracting party that is a for-profit corporation, provided that the ownership of the shares derived from the person’s employment with that corporation. -(15) That of a party to litigation involving the body or board of which the officer is a member in connection with an agreement in which all of the following apply: -(A) The agreement is entered into as part of a settlement of litigation in which the body or board is represented by legal counsel. -(B) After a review of the merits of the agreement and other relevant facts and circumstances, a court of competent jurisdiction finds that the agreement serves the public interest. -(C) The interested member has recused himself or herself from all participation, direct or indirect, in the making of the agreement on behalf of the body or board. -(16) That of a person who is an officer or employee of an investor-owned utility that is regulated by the Public Utilities Commission with respect to a contract between the investor-owned utility and a state, county, district, judicial district, or city body or board of which the person is a member, if the contract requires the investor-owned utility to provide energy efficiency rebates or other type of program to encourage energy efficiency that benefits the public when all of the following apply: -(A) The contract is funded by utility consumers pursuant to regulations of the Public Utilities Commission. -(B) The contract provides no individual benefit to the person that is not also provided to the public, and the investor-owned utility receives no direct financial profit from the contract. -(C) The person has recused himself or herself from all participation in making the contract on behalf of the state, county, district, judicial district, or city body or board of which he or she is a member. -(D) The contract implements a program authorized by the Public Utilities Commission. -(c) This section is not applicable to any officer interested in a contract who influences or attempts to influence another member of the body or board of which he or she is a member to enter into the contract. -(d) The willful failure of an officer to disclose the fact of his or her interest in a contract pursuant to this section is punishable as provided in Section 1097. That violation does not void the contract unless the contracting party had knowledge of the fact of the remote interest of the officer at the time the contract was executed. -(e) This section shall become operative on January 1, 2017. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law prohibits Members of the Legislature, and state, county, district, judicial district, and city officers or employees from being financially interested in a contract, as specified, made by them in their official capacity or by any body or board of which they are members, subject to specified exceptions. Existing law identifies certain remote interests that are not subject to this prohibition and other situations in which an official is not deemed to be financially interested in a contract, including, among others, that of a parent in the earnings of his or her minor child for personal services. Existing law makes a willful violation of this prohibition a crime. -This bill would, on and after January 1, 2017, instead include within the definition of remote interests that of a public officer who is an elected member of any state or local body, board, or commission, if that public officer’s spouse, child, parent, sibling, or the spouse of the child, parent, or sibling, has a financial interest in any contract made by that public officer in his or her official capacity, or by any body, board, or commission of which that public officer is a member. -(2) Existing law imposes a criminal penalty for every officer or person who willfully violates the prohibitions against making or being financially interested in contracts, as specified. -This bill would additionally provide that a member who knows and fails to disclose his or her remote interest in a contract, as defined, or knows and willfully fails to disclose the fact of his or her remote interest in a contract, as defined, is subject to criminal penalty. -By expanding these prohibitions, this bill would create a new crime, and thus, would impose a state-mandated local program. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend, repeal, and add Section 1091 of the Government Code, relating to public officers." -86,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 4.5 (commencing with Section 22175) is added to Part 3 of Division 2 of the Public Contract Code, to read: -CHAPTER 4.5. Civic Openness in Negotiations -22175. -This chapter shall be known, and may be cited, as the Civic Reporting Openness in Negotiations Efficiency Act, or CRONEY. -22176. -As used in this chapter, “civic openness in negotiations ordinance” or “COIN ordinance” means an ordinance adopted by a city, county, city and county, or special district that requires any of the following as a part of any collective bargaining process undertaken pursuant to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code): -(a) The preparation of an independent economic analysis describing the fiscal costs of benefit and pay components currently provided to members of a recognized employee organization, as defined in Section 3501 of the Government Code. -(b) The completion of the independent economic analysis prior to the presentation of an opening proposal by the public employer. -(c) Availability for review by the public of the independent economic analysis before presentation of an opening proposal by the public employer. -(d) Updating of the independent economic analysis to reflect the annual or cumulative costs of each proposal made by the public employer or recognized employee organization. -(e) Updating of the independent economic analysis to reflect any absolute amount or change from the current actuarially computed unfunded liability associated with the pension or postretirement health benefits. -(f) The report from a closed session of a meeting of the public employer’s governing body of offers, counteroffers, or supposals made by the public employer or the recognized employee organization and communicated during that closed session. -(g) The report from a closed session of a meeting of the public employer’s governing body of any list of names of persons in attendance during any negotiations session, the date of the session, the length of the session, the location of the session, or pertinent facts regarding the negotiations that occurred during a session. -22177. -(a) This chapter applies only to a city, county, city and county, or special district that has adopted a COIN ordinance, which is effective and operative. This chapter shall not apply if the city, county, city and county, or special district suspends, repeals, or revokes its COIN ordinance. -(b) This chapter shall not apply to a contract if the contract is required to respond to, recover from, or mitigate the effects of any of the following: -(1) A temporary public safety emergency declared by the chief law enforcement officer of a city, county, city and county, or special district. -(2) A state of war emergency, state of emergency, or local emergency, as those terms are defined in Section 8558 of the Government Code. -(c) This chapter shall not apply to a renewal of a contract if the employees performing the services are covered by a collective bargaining agreement that is governed by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.). -22178. -(a) This chapter shall apply to any contracts with a value of at least two hundred fifty thousand dollars ($250,000), and to any contracts with a person or entity, or related person or entity, with a cumulative value of at least two hundred fifty thousand dollars ($250,000) within the fiscal year of the city, county, city and county, or special district, being negotiated between the city, county, city and county, or special district, and any person or entity that seeks to provide services or goods to the city, county, city and county, or special district, in the following areas: accounting, financing, hardware and software maintenance, health care, human resources, human services, information technology, telecommunications, janitorial maintenance, legal services, lobbying, marketing, office equipment maintenance, passenger vehicle maintenance, property leasing, public relations, public safety, social services, transportation, or waste removal. -(b) The city, county, city and county, or special district shall designate an unbiased independent auditor to review the cost of any proposed contract. The independent auditor shall prepare a report on the cost of the contract and provide the report to all parties and make it available to the public before the governing body takes any action to approve or disapprove the contract. The report shall comply with the following: -(1) The report shall include a recommendation regarding the viability of the contract, including any supplemental data upon which the report is based, and shall determine the fiscal impacts attributable to each term and condition of the contract. -(2) The report shall be made available to the public at least 30 days before the issue can be heard before the governing body and at least 60 days before any action to approve or disapprove the contract by the governing body. -(3) Any proposed changes to the contract after it has been approved by the governing body shall adhere to the same approval requirements as the original contract. The changes shall not go into effect until all of the requirements of this subdivision are met. -(c) The city, county, city and county, or special district shall disclose all offers and counteroffers to the public within 24 hours on its Internet Web site. -(d) Before approving any contract, the city, county, city and county, or special district shall release a list of names of all persons in attendance, whether in person or by electronic means, during any negotiation session regarding the contract, the date of the session, the length of the session, the location where the session took place, and any pertinent facts regarding the negotiations that occurred in that session. -(e) Representatives of the governing body shall advise the governing body of all offers, counteroffers, information, or statements of position discussed by the contracting person or entity and city, county, city and county, or special district representatives participating in negotiations regarding any contract. -(f) Each governing body member and staff members of governing body offices shall disclose publicly all verbal, written, electronic, or other communications regarding a subject matter related to the negotiations or pending negotiations they have had with any official or unofficial representative of the private entity within 24 hours after the communication occurs. -(g) A final governing body determination regarding approval of any contract shall be undertaken only after the matter has been heard at a minimum of two meetings of the governing body wherein the public has had the opportunity to review and comment on the matter. -SEC. 2. -The Legislature finds and declares that Section 1 of this act, which adds Chapter 4.5 (commencing with Section 22175) to Part 3 of Division 2 of the Public Contract Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: -This act ensures that members of the public have the opportunity to be informed of, and meaningfully participate in, the negotiation and approval of contracts for goods and services by a city, county, city and county, or special district that has adopted a civic openness in negotiations (COIN) ordinance, thereby furthering the purposes of Section 3 of Article I of the California Constitution. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","Existing law relating to public contracts requires local agencies, including cities and counties, to comply with specified procedures for public contracting for public construction. -The Meyers-Milias-Brown Act requires the governing body of a local public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of a recognized employee organization. -This bill would enact the Civic Reporting Openness in Negotiations Efficiency Act to establish specific procedures for the negotiation and approval of certain contracts valued at $250,000 or more for goods or services by cities, counties, cities and counties, or special districts that have adopted a civic openness in negotiations ordinance, or COIN ordinance, defined as an ordinance imposing specified requirements as part of any collective bargaining process undertaken pursuant to the Meyers-Milias-Brown Act. The act would require the designation of an independent auditor to review and report on the cost of any proposed contract. The act would require a city, county, city and county, or special district to disclose prescribed information relating to the contract and contract negotiations on its Internet Web site. The act would prohibit a final determination by the governing body regarding approval of any contract until the matter has been heard at a minimum of 2 public meetings of the governing body. -The act would exempt from its provisions contracts required to respond to, recover from, or mitigate the effects of a temporary public safety emergency declared by the chief law enforcement officer of a city, county, city and county, or special district, or a state of war emergency, state of emergency, or local emergency, as those terms are defined in the California Emergency Services Act. The act would also exempt from its provisions a renewal of a contract if the employees performing the services are covered by a collective bargaining agreement that is governed by the National Labor Relations Act. -By imposing new requirements on cities, counties, cities and counties, and special districts, this bill would impose a state-mandated local program. -The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. -This bill would make legislative findings to that effect. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Chapter 4.5 (commencing with Section 22175) to Part 3 of Division 2 of the Public Contract Code, relating to public contracts." -87,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 32241.5 is added to the Education Code, to read: -32241.5. -The department shall make information available to school districts, by posting on its Internet Web site or through any other means for distributing information it deems effective, about the United States Environmental Protection Agency’s technical guidance for reducing lead in drinking water in schools. -SEC. 2. -Section 32242 of the Education Code is amended to read: -32242. -The State Department of Public Health shall do all of the following: -(a) Design and implement a strategy for identifying the characteristics of high-risk schools and provide a basis for statewide estimates of the presence of lead in schools attended by young children. -(b) Conduct a sample survey, as described in Section 32241, to determine the likely extent and distribution of lead exposure to children from paint on the school, soil in play areas at the school, drinking water at the tap, and other potential sources identified by the State Department of Public Health for this purpose. To the maximum extent possible, limited sample testing shall be used to validate survey results. The State Department of Public Health shall compile and summarize the results of that survey and report those results to the Legislature and the department. -(c) Within 60 days of the completion of testing a schoolsite, the State Department of Public Health shall notify the principal of the school or director of the schoolsite of the survey results. Within 45 days of receiving the survey results, the principal or director, as the case may be, shall notify the teachers and other school personnel and parents of the survey results. -(d) Make recommendations to the Legislature and the department, based on the survey results and consideration of appropriate federal and state standards, on the feasibility and necessity of conducting statewide lead testing and any additional action needed relating to lead contamination in the schools. -(e) As deemed necessary and appropriate in view of the survey results, develop environmental lead testing methods and standards to ensure the scientific integrity of results, for use by schools and contractors designated by schools for that purpose. -(f) Evaluate the most current cost-effective lead abatement technologies. -SEC. 3. -Section 32246 is added to the Education Code, to read: -32246. -Drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead shall not be provided at a school facility. -SEC. 4. -Section 32249 is added to the Education Code, to read: -32249. -A school that has lead-containing plumbing components shall flush all drinking water sources at the beginning of each schoolday, consistent with protocols recommended by the United States Environmental Protection Agency. A school is not required to flush drinking water sources that have been shut off or have been certified as meeting the United States Environmental Protection Agency’s drinking water standards for lead. -SEC. 5. -Section 38086 of the Education Code is amended to read: -38086. -(a) A school district shall provide access to free, fresh, and clean drinking water during meal times in the food service areas of the schools under its jurisdiction, including, but not necessarily limited to, areas where reimbursable meals under the federal National School Lunch Program or the federal School Breakfast Program are served or consumed. A school district may comply with this section by, among other means, providing cups and containers of water or soliciting or receiving donated bottled water. -(b) A school district shall comply with this section through the use of drinking water access points. -(c) For purposes of this section, “drinking water access point” is defined as a station, plumbed or unplumbed, where pupils can access free, fresh, and clean drinking water. An unplumbed access point may include water bottles and portable water dispensers. -SEC. 6. -Article 13 (commencing with Section 49580) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read: -Article 13. Drinking Water -49580. -(a) A school district that has drinking water sources with drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead or any other contaminant shall close access to those drinking water sources immediately upon receipt of test results or notification from the public water system. -(b) (1) If, as a result of closing access to a drinking water source pursuant to subdivision (a), a schoolsite within a school district no longer has the minimum number of drinking fountains required pursuant to Chapter 4 (commencing with Section 401.0) of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), the school district shall provide alternative drinking water sources at that schoolsite. -(2) An alternative drinking water source provided pursuant to this subdivision while the source of contamination is being mitigated may be from plumbed or unplumbed sources. Unplumbed sources may include, but are not limited to, portable water sources and bottled water. -(c) A school district shall notify parents or legal guardians, pupils, teachers, and other school personnel of drinking water test results, immediately upon receipt of those test results, if the school district is required to provide alternative drinking water sources. -SEC. 7. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires a school district to provide access to free, fresh drinking water during meal times in school food service areas, unless the governing board of a school district adopts a resolution stating that it is unable to comply with this requirement and demonstrating the reasons why it is unable to comply due to fiscal constraints or health and safety concerns. Existing law requires the resolution to be publicly noticed on at least 2 consecutive meeting agendas and approved by at least a majority of the governing board of the school district. -This bill would delete the provision authorizing a school district to adopt a resolution stating that it is unable to provide access to free, fresh drinking water during meal times. The bill would instead specify that a school district shall provide access to free, fresh, and clean drinking water during meal times through the use of drinking water access points, as defined. By imposing additional duties on school districts, this bill would impose a state-mandated local program. -This bill would require a school district that has drinking water sources with drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead or any other contaminant to close access to those drinking water sources, to provide alternative drinking water sources, as specified, and to notify specified persons if the school district is required to provide those alternative drinking water sources. By imposing additional duties on pupil schools and school districts, this bill would impose a state-mandated local program. -(2) Under existing law, known as the Lead-Safe Schools Protection Act, the State Department of Public Health is required to perform various activities related to reducing the risk of exposure to lead hazards in public schools, including, among other activities, working with the State Department of Education to develop voluntary guidelines to ensure that lead hazards are minimized in the course of school repair and maintenance programs and abatement procedures. -This bill would repeal the requirement that the State Department of Public Health develop voluntary guidelines. The bill would instead require the State Department of Education to make information available to school districts about the United States Environmental Protection Agency’s technical guidance for reducing lead in drinking water in schools. The bill would prohibit drinking water that does not meet the United States Environmental Protection Agency drinking water standards for lead from being provided at a school facility. The bill would require a public school that has lead-containing plumbing components to flush all drinking water sources at the beginning of each schoolday, except as provided. By imposing additional duties on public schools and school districts, this bill would impose a state-mandated local program. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 32242 and 38086 of, to add Sections 32241.5, 32246, and 32249 to, and to add Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of, the Education Code, relating to pupil health." -88,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3501 of the Business and Professions Code is amended to read: -3501. -(a) As used in this chapter: -(1) “Board” means the Physician Assistant Board. -(2) “Approved program” means a program for the education of physician assistants that has been formally approved by the board. -(3) “Trainee” means a person who is currently enrolled in an approved program. -(4) “Physician assistant” means a person who meets the requirements of this chapter and is licensed by the board. -(5) “Supervising physician” or “supervising physician and surgeon” means a physician and surgeon licensed by the Medical Board of California or by the Osteopathic Medical Board of California who supervises one or more physician assistants, who possesses a current valid license to practice medicine, and who is not currently on disciplinary probation for improper use of a physician assistant. -(6) “Supervision” means that a licensed physician and surgeon oversees the activities of, and accepts responsibility for, the medical services rendered by a physician assistant. -(7) “Regulations” means the rules and regulations as set forth in Chapter 13.8 (commencing with Section 1399.500) of Title 16 of the California Code of Regulations. -(8) “Routine visual screening” means uninvasive nonpharmacological simple testing for visual acuity, visual field defects, color blindness, and depth perception. -(9) “Program manager” means the staff manager of the diversion program, as designated by the executive officer of the board. The program manager shall have background experience in dealing with substance abuse issues. -(10) “Delegation of services agreement” means the writing that delegates to a physician assistant from a supervising physician the medical services the physician assistant is authorized to perform consistent with subdivision (a) of Section 1399.540 of Title 16 of the California Code of Regulations. -(11) “Other specified medical services” means tests or examinations performed or ordered by a physician assistant practicing in compliance with this chapter or regulations of the Medical Board of California promulgated under this chapter. -(12) “Medical records review meeting” means a meeting between the supervising physician and surgeon and the physician assistant during which medical records are reviewed to ensure adequate supervision of the physician assistant functioning under protocols. Medical records review meetings may occur in person or by electronic communication. -(b) A physician assistant acts as an agent of the supervising physician when performing any activity authorized by this chapter or regulations adopted under this chapter. -SEC. 2. -Section 3502 of the Business and Professions Code is amended to read: -3502. -(a) Notwithstanding any other law, a physician assistant may perform those medical services as set forth by the regulations adopted under this chapter when the services are rendered under the supervision of a licensed physician and surgeon who is not subject to a disciplinary condition imposed by the Medical Board of California prohibiting that supervision or prohibiting the employment of a physician assistant. The medical record, for each episode of care for a patient, shall identify the physician and surgeon who is responsible for the supervision of the physician assistant. -(b) (1) Notwithstanding any other law, a physician assistant performing medical services under the supervision of a physician and surgeon may assist a doctor of podiatric medicine who is a partner, shareholder, or employee in the same medical group as the supervising physician and surgeon. A physician assistant who assists a doctor of podiatric medicine pursuant to this subdivision shall do so only according to patient-specific orders from the supervising physician and surgeon. -(2) The supervising physician and surgeon shall be physically available to the physician assistant for consultation when that assistance is rendered. A physician assistant assisting a doctor of podiatric medicine shall be limited to performing those duties included within the scope of practice of a doctor of podiatric medicine. -(c) (1) A physician assistant and his or her supervising physician and surgeon shall establish written guidelines for the adequate supervision of the physician assistant. This requirement may be satisfied by the supervising physician and surgeon adopting protocols for some or all of the tasks performed by the physician assistant. The protocols adopted pursuant to this subdivision shall comply with the following requirements: -(A) A protocol governing diagnosis and management shall, at a minimum, include the presence or absence of symptoms, signs, and other data necessary to establish a diagnosis or assessment, any appropriate tests or studies to order, drugs to recommend to the patient, and education to be provided to the patient. -(B) A protocol governing procedures shall set forth the information to be provided to the patient, the nature of the consent to be obtained from the patient, the preparation and technique of the procedure, and the followup care. -(C) Protocols shall be developed by the supervising physician and surgeon or adopted from, or referenced to, texts or other sources. -(D) Protocols shall be signed and dated by the supervising physician and surgeon and the physician assistant. -(2) (A) The supervising physician and surgeon shall use one or more of the following mechanisms to ensure adequate supervision of the physician assistant functioning under the protocols: -(i) The supervising physician and surgeon shall review, countersign, and date a sample consisting of, at a minimum, 5 percent of the medical records of patients treated by the physician assistant functioning under the protocols within 30 days of the date of treatment by the physician assistant. -(ii) The supervising physician and surgeon and physician assistant shall conduct a medical records review meeting at least once a month during at least 10 months of the year. During any month in which a medical records review meeting occurs, the supervising physician and surgeon and physician assistant shall review an aggregate of at least 10 medical records of patients treated by the physician assistant functioning under protocols. Documentation of medical records reviewed during the month shall be jointly signed and dated by the supervising physician and surgeon and the physician assistant. -(iii) The supervising physician and surgeon shall review a sample of at least 10 medical records per month, at least 10 months during the year, using a combination of the countersignature mechanism described in clause (i) and the medical records review meeting mechanism described in clause (ii). During each month for which a sample is reviewed, at least one of the medical records in the sample shall be reviewed using the mechanism described in clause (i) and at least one of the medical records in the sample shall be reviewed using the mechanism described in clause (ii). -(B) In complying with subparagraph (A), the supervising physician and surgeon shall select for review those cases that by diagnosis, problem, treatment, or procedure represent, in his or her judgment, the most significant risk to the patient. -(3) Notwithstanding any other law, the Medical Board of California or the board may establish other alternative mechanisms for the adequate supervision of the physician assistant. -(d) No medical services may be performed under this chapter in any of the following areas: -(1) The determination of the refractive states of the human eye, or the fitting or adaptation of lenses or frames for the aid thereof. -(2) The prescribing or directing the use of, or using, any optical device in connection with ocular exercises, visual training, or orthoptics. -(3) The prescribing of contact lenses for, or the fitting or adaptation of contact lenses to, the human eye. -(4) The practice of dentistry or dental hygiene or the work of a dental auxiliary as defined in Chapter 4 (commencing with Section 1600). -(e) This section shall not be construed in a manner that shall preclude the performance of routine visual screening as defined in Section 3501. -(f) Compliance by a physician assistant and supervising physician and surgeon with this section shall be deemed compliance with Section 1399.546 of Title 16 of the California Code of Regulations. -SEC. 3. -Section 3502.1 of the Business and Professions Code is amended to read: -3502.1. -(a) In addition to the services authorized in the regulations adopted by the Medical Board of California, and except as prohibited by Section 3502, while under the supervision of a licensed physician and surgeon or physicians and surgeons authorized by law to supervise a physician assistant, a physician assistant may administer or provide medication to a patient, or transmit orally, or in writing on a patient’s record or in a drug order, an order to a person who may lawfully furnish the medication or medical device pursuant to subdivisions (c) and (d). -(1) A supervising physician and surgeon who delegates authority to issue a drug order to a physician assistant may limit this authority by specifying the manner in which the physician assistant may issue delegated prescriptions. -(2) Each supervising physician and surgeon who delegates the authority to issue a drug order to a physician assistant shall first prepare and adopt, or adopt, a written, practice specific, formulary and protocols that specify all criteria for the use of a particular drug or device, and any contraindications for the selection. Protocols for Schedule II controlled substances shall address the diagnosis of illness, injury, or condition for which the Schedule II controlled substance is being administered, provided, or issued. The drugs listed in the protocols shall constitute the formulary and shall include only drugs that are appropriate for use in the type of practice engaged in by the supervising physician and surgeon. When issuing a drug order, the physician assistant is acting on behalf of and as an agent for a supervising physician and surgeon. -(b) “Drug order,” for purposes of this section, means an order for medication that is dispensed to or for a patient, issued and signed by a physician assistant acting as an individual practitioner within the meaning of Section 1306.02 of Title 21 of the Code of Federal Regulations. Notwithstanding any other provision of law, (1) a drug order issued pursuant to this section shall be treated in the same manner as a prescription or order of the supervising physician, (2) all references to “prescription” in this code and the Health and Safety Code shall include drug orders issued by physician assistants pursuant to authority granted by their supervising physicians and surgeons, and (3) the signature of a physician assistant on a drug order shall be deemed to be the signature of a prescriber for purposes of this code and the Health and Safety Code. -(c) A drug order for any patient cared for by the physician assistant that is issued by the physician assistant shall either be based on the protocols described in subdivision (a) or shall be approved by the supervising physician and surgeon before it is filled or carried out. -(1) A physician assistant shall not administer or provide a drug or issue a drug order for a drug other than for a drug listed in the formulary without advance approval from a supervising physician and surgeon for the particular patient. At the direction and under the supervision of a physician and surgeon, a physician assistant may hand to a patient of the supervising physician and surgeon a properly labeled prescription drug prepackaged by a physician and surgeon, manufacturer as defined in the Pharmacy Law, or a pharmacist. -(2) A physician assistant shall not administer, provide, or issue a drug order to a patient for Schedule II through Schedule V controlled substances without advance approval by a supervising physician and surgeon for that particular patient unless the physician assistant has completed an education course that covers controlled substances and that meets standards, including pharmacological content, approved by the board. The education course shall be provided either by an accredited continuing education provider or by an approved physician assistant training program. If the physician assistant will administer, provide, or issue a drug order for Schedule II controlled substances, the course shall contain a minimum of three hours exclusively on Schedule II controlled substances. Completion of the requirements set forth in this paragraph shall be verified and documented in the manner established by the board prior to the physician assistant’s use of a registration number issued by the United States Drug Enforcement Administration to the physician assistant to administer, provide, or issue a drug order to a patient for a controlled substance without advance approval by a supervising physician and surgeon for that particular patient. -(3) Any drug order issued by a physician assistant shall be subject to a reasonable quantitative limitation consistent with customary medical practice in the supervising physician and surgeon’s practice. -(d) A written drug order issued pursuant to subdivision (a), except a written drug order in a patient’s medical record in a health facility or medical practice, shall contain the printed name, address, and telephone number of the supervising physician and surgeon, the printed or stamped name and license number of the physician assistant, and the signature of the physician assistant. Further, a written drug order for a controlled substance, except a written drug order in a patient’s medical record in a health facility or a medical practice, shall include the federal controlled substances registration number of the physician assistant and shall otherwise comply with Section 11162.1 of the Health and Safety Code. Except as otherwise required for written drug orders for controlled substances under Section 11162.1 of the Health and Safety Code, the requirements of this subdivision may be met through stamping or otherwise imprinting on the supervising physician and surgeon’s prescription blank to show the name, license number, and if applicable, the federal controlled substances registration number of the physician assistant, and shall be signed by the physician assistant. When using a drug order, the physician assistant is acting on behalf of and as the agent of a supervising physician and surgeon. -(e) The supervising physician and surgeon shall use either of the following mechanisms to ensure adequate supervision of the administration, provision, or issuance by a physician assistant of a drug order to a patient for Schedule II controlled substances: -(1) The medical record of any patient cared for by a physician assistant for whom the physician assistant’s Schedule II drug order has been issued or carried out shall be reviewed, countersigned, and dated by a supervising physician and surgeon within seven days. -(2) If the physician assistant has documentation evidencing the successful completion of an education course that covers controlled substances, and that controlled substance education course (A) meets the standards, including pharmacological content, established in Sections 1399.610 and 1399.612 of Title 16 of the California Code of Regulations, and (B) is provided either by an accredited continuing education provider or by an approved physician assistant training program, the supervising physician and surgeon shall review, countersign, and date, within seven days, a sample consisting of the medical records of at least 20 percent of the patients cared for by the physician assistant for whom the physician assistant’s Schedule II drug order has been issued or carried out. Completion of the requirements set forth in this paragraph shall be verified and documented in the manner established in Section 1399.612 of Title 16 of the California Code of Regulations. Physician assistants who have a certificate of completion of the course described in paragraph (2) of subdivision (c) shall be deemed to have met the education course requirement of this subdivision. -(f) All physician assistants who are authorized by their supervising physicians to issue drug orders for controlled substances shall register with the United States Drug Enforcement Administration (DEA). -(g) The board shall consult with the Medical Board of California and report during its sunset review required by Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code the impacts of exempting Schedule III and Schedule IV drug orders from the requirement for a physician and surgeon to review and countersign the affected medical record of a patient. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Physician Assistant Practice Act, provides for regulation of physician assistants and authorizes a physician assistant to perform medical services as set forth by regulations when those services are rendered under the supervision of a licensed physician and surgeon, as specified. The act requires the supervising physician and surgeon to review, countersign, and date a sample consisting of, at a minimum, 5% of the medical records of patients treated by the physician assistant functioning under adopted protocols within 30 days of the date of treatment by the physician assistant. The act requires the supervising physician and surgeon to select for review those cases that by diagnosis, problem, treatment, or procedure represent, in his or her judgment, the most significant risk to the patient. A violation of those supervision requirements is a misdemeanor. -This bill would require that the medical record for each episode of care for a patient identify the physician and surgeon who is responsible for the supervision of the physician assistant. The bill would delete those medical record review provisions, and, instead, require the supervising physician and surgeon to use one or more of described review mechanisms. By adding these new requirements, the violation of which would be a crime, this bill would impose a state-mandated local program by changing the definition of a crime. -The act authorizes a physician assistant, while under prescribed supervision of a physician and surgeon, to administer or provide medication to a patient, or transmit orally, or in writing on a patient’s record or in a drug order, an order to a person who may lawfully furnish the medication or medical device. The act prohibits a physician assistant from administering, providing, or issuing a drug order to a patient for Schedule II through Schedule V controlled substances without advance approval by a supervising physician and surgeon for that particular patient unless the physician assistant has completed an education course that covers controlled substances and that meets approved standards. The act requires that the medical record of any patient cared for by a physician assistant for whom a physician assistant’s Schedule II drug order has been issued or carried out to be reviewed, countersigned, and dated by a supervising physician and surgeon within 7 days. -This bill would establish an alternative medical records review mechanism, and would authorize the supervising physician and surgeon to use the alternative mechanism, or a sample review mechanism using a combination of the 2 described mechanisms, as specified, to ensure adequate supervision of the administration, provision, or issuance by a physician assistant of a drug order to a patient for Schedule II controlled substances. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 3501, 3502, and 3502.1 of the Business and Professions Code, relating to healing arts." -89,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 368 of the Penal Code is amended to read: -368. -(a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf. -(b) (1) -Any -(A) A -person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits -any -an -elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain -or mental suffering -, or having the care or custody of -any -an -elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years. -(B) A person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce significant or substantial mental suffering, willfully causes or permits an elder or dependent adult to suffer, or inflicts thereon unjustifiable mental suffering, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years. -(2) If in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in the state prison as follows: -(A) Three years if the victim is under 70 years of age. -(B) Five years if the victim is 70 years of age or older. -(3) If in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows: -(A) Five years if the victim is under 70 years of age. -(B) Seven years if the victim is 70 years of age or older. -(c) -Any -A -person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, -or likely to produce significant or substantial mental suffering, -willfully causes or permits -any -an -elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of -any -an -elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. -(d) -Any -A -person who is not a caretaker who violates -any -a -provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows: -(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). -(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). -(e) -Any -A -caretaker of an elder or a dependent adult who violates -any -a -provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows: -(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). -(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). -(f) -Any -A -person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. -(g) As used in this section, “elder” means -any -a -person who is 65 years of age or older. -(h) As used in this section, “dependent adult” means -any -a -person who is between -the ages of -18 and -64, -64 years of age -who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes -any -a -person between -the ages of -18 and 64 -years of age -who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. -(i) As used in this section, “caretaker” means -any -a -person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult. -(j) -Nothing in this -This -section shall -not -preclude prosecution under both this section and Section 187 or 12022.7 or any other provision of law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for -any -a -single offense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for -any -a -single offense. -(k) -In any case in which -When -a person is convicted of violating these provisions, the court may require him or her to receive appropriate counseling as a condition of probation. -Any -A -defendant ordered to be placed in a counseling program -shall be -is -responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides that a person who knows or reasonably should know that the victim is an elder or dependent adult, and under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits the victim to suffer unjustifiable physical pain or mental suffering, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed $6,000, or by both that fine and imprisonment, or by imprisonment in the state prison for 2, 3, or 4 years. -This bill would provide that a person who knows or reasonably should know that the victim is an elder or dependent adult, and under circumstances or conditions likely to produce significant or substantial mental suffering, willfully causes or permits the victim to suffer unjustifiable mental suffering, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed $6,000, or by both that fine and imprisonment, or by imprisonment in the state prison for 2, 3, or 4 years. -By expanding the scope of an existing crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 368 of the Penal Code, relating to elder abuse." -90,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2103 of the Family Code is amended to read: -2103. -In order to provide full and accurate disclosure of all assets and liabilities in which one or both parties may have an interest, each party to a proceeding for dissolution of the marriage or legal separation of the parties shall serve on the other party a preliminary declaration of disclosure under Section 2104, unless service of the preliminary declaration of disclosure is not required pursuant to Section 2110, and a final declaration of disclosure under Section 2105, unless service of the final declaration of disclosure is waived pursuant to Section 2105 or 2110, and shall file proof of service of each with the court. -SEC. 2. -Section 2104 of the Family Code is amended to read: -2104. -(a) Except by court order for good cause, as provided in Section 2107, or when service of the preliminary declaration of disclosure is not required pursuant to Section 2110, in the time period set forth in subdivision (f), each party shall serve on the other party a preliminary declaration of disclosure, executed under penalty of perjury on a form prescribed by the Judicial Council. The commission of perjury on the preliminary declaration of disclosure may be grounds for setting aside the judgment, or any part or parts thereof, pursuant to Chapter 10 (commencing with Section 2120), in addition to any and all other remedies, civil or criminal, that otherwise are available under law for the commission of perjury. The preliminary declaration of disclosure shall include all tax returns filed by the declarant within the two years prior to the date that the party served the declaration. -(b) The preliminary declaration of disclosure shall not be filed with the court, except on court order. However, the parties shall file proof of service of the preliminary declaration of disclosure with the court. -(c) The preliminary declaration of disclosure shall set forth with sufficient particularity, that a person of reasonable and ordinary intelligence can ascertain, all of the following: -(1) The identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of the asset or liability as community, quasi-community, or separate. -(2) The declarant’s percentage of ownership in each asset and percentage of obligation for each liability when property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarant’s characterization of each asset or liability. -(d) A declarant may amend his or her preliminary declaration of disclosure without leave of the court. Proof of service of any amendment shall be filed with the court. -(e) Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid. -(f) The petitioner shall serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution, or within 60 days of filing the petition. When a petitioner serves the summons and petition by publication or posting pursuant to court order and the respondent files a response prior to a default judgment being entered, the petitioner shall serve the other party with the preliminary declaration of disclosure within 30 days of the response being filed. The respondent shall serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. The time periods specified in this subdivision may be extended by written agreement of the parties or by court order. -SEC. 3. -Section 2107 of the Family Code is amended to read: -2107. -(a) If one party fails to serve on the other party a preliminary declaration of disclosure under Section 2104, unless that party is not required to serve a preliminary declaration of disclosure pursuant to Section 2110, or a final declaration of disclosure under Section 2105, or fails to provide the information required in the respective declarations with sufficient particularity, and if the other party has served the respective declaration of disclosure on the noncomplying party, the complying party may, within a reasonable time, request preparation of the appropriate declaration of disclosure or further particularity. -(b) If the noncomplying party fails to comply with a request under subdivision (a), the complying party may do one or more of the following: -(1) File a motion to compel a further response. -(2) File a motion for an order preventing the noncomplying party from presenting evidence on issues that should have been covered in the declaration of disclosure. -(3) File a motion showing good cause for the court to grant the complying party’s voluntary waiver of receipt of the noncomplying party’s preliminary declaration of disclosure pursuant to Section 2104 or final declaration of disclosure pursuant to Section 2105. The voluntary waiver does not affect the rights enumerated in subdivision (d). -(c) If a party fails to comply with any provision of this chapter, the court shall, in addition to any other remedy provided by law, impose money sanctions against the noncomplying party. Sanctions shall be in an amount sufficient to deter repetition of the conduct or comparable conduct, and shall include reasonable attorney’s fees, costs incurred, or both, unless the court finds that the noncomplying party acted with substantial justification or that other circumstances make the imposition of the sanction unjust. -(d) Except as otherwise provided in this subdivision, if a court enters a judgment when the parties have failed to comply with all disclosure requirements of this chapter, the court shall set aside the judgment. The failure to comply with the disclosure requirements does not constitute harmless error. If the court granted the complying party’s voluntary waiver of receipt of the noncomplying party’s preliminary declaration of disclosure pursuant to paragraph (3) of subdivision (b), the court shall set aside the judgment only at the request of the complying party, unless the motion to set aside the judgment is based on one of the following: -(1) Actual fraud if the defrauded party was kept in ignorance or in some other manner was fraudulently prevented from fully participating in the proceeding. -(2) Perjury, as defined in Section 118 of the Penal Code, in the preliminary or final declaration of disclosure, in the waiver of the final declaration of disclosure, or in the current income and expense statement. -(e) Upon the motion to set aside judgment, the court may order the parties to provide the preliminary and final declarations of disclosure that were exchanged between them. Absent a court order to the contrary, the disclosure declarations shall not be filed with the court and shall be returned to the parties. -SEC. 4. -Section 2110 of the Family Code is amended to read: -2110. -In the case of a default judgment, the petitioner may waive the final declaration of disclosure requirements provided in this chapter, and shall not be required to serve a final declaration of disclosure on the respondent nor receive a final declaration of disclosure from the respondent. However, a preliminary declaration of disclosure by the petitioner is required unless the petitioner served the summons and petition by publication or posting pursuant to court order and the respondent has defaulted.","Existing law requires each party to a proceeding for dissolution of marriage or legal separation to serve on the other party a preliminary declaration of disclosure of assets, as specified, and a final declaration of disclosure, as specified. Existing law requires each party to serve a preliminary declaration of disclosure either concurrently with the petition for dissolution, or within 60 days of filing the petition for dissolution of marriage. Existing law specifies, in the case of a default judgment, that a petitioner shall not be required to serve or receive a final declaration of disclosure, but a preliminary declaration of disclosure by the petitioner is still required. -This bill would provide that a preliminary declaration of disclosure is not required by a petitioner if the petitioner served the summons and petition by publication or posting pursuant to court order and the respondent has defaulted. The bill would require, when a petitioner has served the summons and petition by publication or posting pursuant to court order and the respondent files a response prior to default judgment being entered, the petitioner to serve the respondent with a preliminary declaration of disclosure within 30 days of the response being filed. The bill would make other related, conforming changes.","An act to amend Sections 2103, 2104, 2107, and 2110 of the Family Code, relating to dissolution." -91,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 94874.3 is added to the Education Code, to read: -94874.3. -Commencing January 1, 2018, an institution that offers a course of instruction to prepare students to obtain a commercial driver’s license that is certified by the Department of Motor Vehicles pursuant to Section 15250 of the Vehicle Code, may not claim an exemption from this chapter. -SEC. 2. -Section 15250 of the Vehicle Code is amended to read: -15250. -(a) (1) A person shall not operate a commercial motor vehicle unless that person has in his or her immediate possession a valid commercial driver’s license of the appropriate class. -(2) A person shall not operate a commercial motor vehicle while transporting hazardous materials unless that person has in his or her possession a valid commercial driver’s license with a hazardous materials endorsement. An instruction permit does not authorize the operation of a vehicle transporting hazardous materials. -(b) (1) Before an application for an original or renewal of a commercial driver’s license with a hazardous materials endorsement is submitted to the United States Transportation Security Administration for the processing of a security threat assessment, as required under Part 1572 of Title 49 of the Code of Federal Regulations, the department shall complete a check of the applicant’s driving record to ensure that the person is not subject to a disqualification under Part 383.51 of Title 49 of the Code of Federal Regulations. -(2) (A) A person shall not be issued -a -an original -commercial driver’s license until he or she has satisfied all of the following requirements: -(i) (I) Commencing January 1, 2018, successful completion of a course of instruction from a commercial motor vehicle driver training institution or program offered by an employer that has been certified by the department, except as provided in subclause (II). The department shall not certify a commercial motor vehicle driver training institution or program offered by an employer until the institution or program has submitted an approved course of instruction that meets minimum standards set by the department. The course of instruction shall include, at a minimum, standards necessary to ensure a driver is proficient in safely operating a commercial vehicle. The department shall, as necessary, update the required standards to comply with the guidance or requirements issued by the Federal Motor Carrier Safety Administration. -(II) The following persons are not required to satisfy the requirement described in this clause: -(ia) A commercial motor vehicle driver with military motor vehicle experience who is currently licensed with the United States Armed Forces and who meets the waiver requirements in subparagraph (B). -(ib) A commercial motor vehicle driver who presents a valid certificate of driving skill from an approved employer-testing program that -includes, and has submitted to the department, an approved -includes a -course of instruction that meets the minimum standards set by the -department. -department, and has been submitted to, and approved by, the department. -(ic) A commercial motor vehicle driver who presents a certificate issued by the Department of the California Highway Patrol pursuant to Section 12517 or a department Transit Driver Training Record DL 260 form signed by an employer trainer certified by the Transportation Safety Institute of the United States Department of Transportation’s Motor Carrier Training, commonly referred to as the Federal Transit Administration’s “Train-the-Trainer” program. -(id) A commercial motor vehicle driver who has received and documented training in compliance with Chapter 3 (commencing with Section 40080) of Part 23.5 of Division 3 of Title 2 of the Education Code. -(III) In addition to the requirements of subclause (I), issuance of a commercial driver’s license shall require the successful completion of a written and driving test, conducted by the department, that complies with clause (ii). -(ii) Successful completion of a written and driving test for the operation of a commercial motor vehicle that complies with the minimum federal standards established by the federal Commercial Motor Vehicle Safety Act of 1986 (Public Law 99-570) and Part 383 of Title 49 of the Code of Federal Regulations. -(iii) Satisfaction of all other requirements of the federal act referenced in clause (ii) as well as any other requirements imposed by this code. -(B) The driving skills test as specified in Section 383.113 of Title 49 of the Code of Federal Regulations may be waived for a commercial motor vehicle driver with military commercial motor vehicle experience who is currently licensed with the United States Armed Forces at the time of his or her application for a commercial driver’s license, and whose driving record in combination with his or her driving experience meets, at a minimum, the conditions required by Section 383.77(a) and (b) of Title 49 of the Code of Federal Regulations. -(c) The tests shall be prescribed and conducted by or under the direction of the department. The department may allow a third-party tester to administer the driving test part of the examination required under this section and Section 15275 if all of the following conditions are met: -(1) The tests given by the third party are the same as those that would otherwise be given by the department. -(2) The third party has an agreement with the department that includes, but is not limited to, the following provisions: -(A) Authorization for the United States Secretary of Transportation, or his or her representative, and the department, or its representative, to conduct random examinations, inspections, and audits without prior notice. -(B) Permission for the department, or its representative, to conduct onsite inspections at least annually. -(C) A requirement that all third-party testers meet the same qualification and training standards as the department’s examiners, to the extent necessary to conduct the driving skill tests in compliance with the requirements of Part 383 of Title 49 of the Code of Federal Regulations. -(D) The department may cancel, suspend, or revoke the agreement with a third-party tester if the third-party tester fails to comply with the standards for the commercial driver’s license testing program, or with any other term of the third-party agreement, upon 15 days’ prior written notice of the action to cancel, suspend, or revoke the agreement by the department to the third party. Any action to appeal or review any order of the department canceling, suspending, or revoking a third-party testing agreement shall be brought in a court of competent jurisdiction under Section 1085 of the Code of Civil Procedure, or as otherwise permitted by the laws of this state. The action shall be commenced within 90 days from the effective date of the order. -(E) Any third-party tester whose agreement has been canceled pursuant to subparagraph (D) may immediately apply for a third-party testing agreement. -(F) A suspension of a third-party testing agreement pursuant to subparagraph (D) shall be for a term of less than 12 months as determined by the department. After the period of suspension, the agreement shall be reinstated upon request of the third-party tester. -(G) A revocation of a third-party testing agreement pursuant to subparagraph (D) shall be for a term of not less than one year. A third-party tester may apply for a new third-party testing agreement after the period of revocation and upon submission of proof of correction of the circumstances causing the revocation. -(H) Authorization for the department to charge the third-party tester a fee, as determined by the department, that is sufficient to defray the actual costs incurred by the department for administering and evaluating the third-party testing program, and for carrying out any other activities deemed necessary by the department to ensure sufficient training for the drivers participating in the program. -(3) Except as provided in Section 15250.3, the tests given by the third party shall not be accepted in lieu of tests prescribed and conducted by the department for applicants for a passenger vehicle endorsement specified in paragraph (2) of subdivision (a) of Section 15278, if the applicant operates or will operate a tour bus. -(d) Commercial driver’s license applicants who take and pass driving tests administered by a third party shall provide the department with certificates of driving skill satisfactory to the department that the applicant has successfully passed the driving tests administered by the third party. -(e) If a driving test is administered to a commercial driver’s license applicant who is to be licensed in another state pursuant to Section 383.79 of Subpart E of Part 383 of Title 49 of the Code of Federal Regulations, the department may impose a fee on the applicant that does not exceed the reasonable cost of conducting the tests and reporting the results to the driver’s state of record. -(f) Implementation dates for the issuance of a commercial driver’s license pursuant to this chapter may be established by the department as it determines is necessary to accomplish an orderly commercial driver’s license program. -(g) Active duty members of the United States Armed Forces, members of the military reserves, members of the National Guard who are on active duty, including personnel on full-time National Guard duty, personnel on part-time National Guard training, and National Guard military technicians (civilians who are required to wear military uniforms), and active duty personnel of the United States Coast Guard are exempt from all commercial driver’s license requirements and sanctions, as provided in Section 383.3(c) of Subpart A of Part 383 of Title 49 of the Code of Federal Regulations when operating motor vehicles for military purposes. This exception shall not apply to United States Armed Forces reserve technicians.","Existing law prohibits the Department of Motor Vehicles from issuing a commercial driver’s license to any person to operate a commercial motor vehicle unless the person has passed a written and driving test for the operation of a commercial motor vehicle that complies with the minimum standards established by the federal Commercial Motor Vehicle Safety Act of 1986 and specified federal regulations, and has satisfied all other requirements of that act as well as any other requirements imposed by state law. -This bill, commencing January 1, 2018, would also require a person to successfully complete a course of instruction from a commercial driver training institution or program offered by an employer with an approved course of instruction that has been certified by the department before he or she is issued a commercial driver’s license, except as specified. The bill would require the course of instruction to include, at a minimum, standards necessary to ensure a driver is proficient in safely operating a commercial vehicle. -This bill would also require a commercial driver’s license applicant to successfully complete a written and driving test, as specified. -Existing law, the California Private Postsecondary Education Act of 2009, provides for the regulation of private postsecondary educational institutions by the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. The act exempts an institution from its provision if any of a list of specific criteria are met. -This bill, commencing January 1, 2018, would remove the exemption from the provisions of the act for an institution that is certified by the Department of Motor Vehicles to offer a course of instruction to prepare students to obtain a commercial driver’s license, thereby making the act applicable to the institution.","An act to add Section 94874.3 to the Education Code, and to amend Section 15250 of the Vehicle Code, relating to commercial vehicle driver education." -92,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 166 of the Penal Code is amended to read: -166. -(a) Except as provided in subdivisions (b), (c), and (d), a person guilty of any of the following contempts of court is guilty of a misdemeanor: -(1) Disorderly, contemptuous, or insolent behavior committed during the sitting of a court of justice, in the immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority. -(2) Behavior specified in paragraph (1) that is committed in the presence of a referee, while actually engaged in a trial or hearing, pursuant to the order of a court, or in the presence of any jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law. -(3) A breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court. -(4) Willful disobedience of the terms as written of any process or court order or out-of-state court order, lawfully issued by a court, including orders pending trial. -(5) Resistance willfully offered by any person to the lawful order or process of a court. -(6) The contumacious and unlawful refusal of a person to be sworn as a witness or, when so sworn, the like refusal to answer a material question. -(7) The publication of a false or grossly inaccurate report of the proceedings of a court. -(8) Presenting to a court having power to pass sentence upon a prisoner under conviction, or to a member of the court, an affidavit, testimony, or representation of any kind, verbal or written, in aggravation or mitigation of the punishment to be imposed upon the prisoner, except as provided in this code. -(9) Willful disobedience of the terms of an injunction that restrains the activities of a criminal street gang or any of its members, lawfully issued by a court, including an order pending trial. -(b) (1) A person who is guilty of contempt of court under paragraph (4) of subdivision (a) by willfully contacting a victim by telephone or mail, or directly, and who has been previously convicted of a violation of Section 646.9 shall be punished by imprisonment in a county jail for not more than one year, by a fine of five thousand dollars ($5,000), or by both that fine and imprisonment. -(2) For the purposes of sentencing under this subdivision, each contact shall constitute a separate violation of this subdivision. -(3) The present incarceration of a person who makes contact with a victim in violation of paragraph (1) is not a defense to a violation of this subdivision. -(c) (1) Notwithstanding paragraph (4) of subdivision (a), a willful and knowing violation of a protective order or stay-away court order described as follows shall constitute contempt of court, a misdemeanor, punishable by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine: -(A) An order issued pursuant to Section 136.2. -(B) An order issued pursuant to paragraph (2) of subdivision (a) of Section 1203.097. -(C) An order issued after a conviction in a criminal proceeding involving elder or dependent adult abuse, as defined in Section 368. -(D) An order issued pursuant to Section 1201.3. -(E) An order described in paragraph (3). -(2) If a violation of paragraph (1) results in a physical injury, the person shall be imprisoned in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence is suspended. -(3) Paragraphs (1) and (2) apply to the following court orders: -(A) An order issued pursuant to Section 6320 or 6389 of the Family Code. -(B) An order excluding one party from the family dwelling or from the dwelling of the other. -(C) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the orders described in paragraph (1). -(4) A second or subsequent conviction for a violation of an order described in paragraph (1) occurring within seven years of a prior conviction for a violation of any of those orders and involving an act of violence or “a credible threat” of violence, as provided in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or in the state prison for 16 months or two or three years. -(5) The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1). -(d) (1) A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure, shall be punished under Section 29825. -(2) A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (h) of Section 6389 of the Family Code. -(e) (1) If probation is granted upon conviction of a violation of subdivision (c), the court shall impose probation consistent with Section 1203.097. -(2) If probation is granted upon conviction of a violation of subdivision (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements: -(A) That the defendant make payments to a battered women’s shelter, up to a maximum of one thousand dollars ($1,000). -(B) That the defendant provide restitution to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. -(3) For an order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision or subdivision (c), the court shall make a determination of the defendant’s ability to pay. In no event shall an order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. -(4) If the injury to a married person is caused in whole, or in part, by the criminal acts of his or her spouse in violation of subdivision (c), the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents required by this subdivision, until all separate property of the offending spouse is exhausted. -(5) A person violating an order described in subdivision (c) may be punished for any substantive offenses described under Section 136.1 or 646.9. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1 or 646.9. However, a person held in contempt for a violation of subdivision (c) shall be entitled to credit for any punishment imposed as a result of that violation against any sentence imposed upon conviction of an offense described in Section 136.1 or 646.9. A conviction or acquittal for a substantive offense under Section 136.1 or 646.9 shall be a bar to a subsequent punishment for contempt arising out of the same act. -SEC. 2. -Section 368 of the Penal Code is amended to read: -368. -(a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf. -(b) (1) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years. -(2) If, in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in the state prison as follows: -(A) Three years if the victim is under 70 years of age. -(B) Five years if the victim is 70 years of age or older. -(3) If, in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows: -(A) Five years if the victim is under 70 years of age. -(B) Seven years if the victim is 70 years of age or older. -(c) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. -(d) Any person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows: -(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). -(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). -(e) Any caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows: -(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). -(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). -(f) Any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. -(g) As used in this section, “elder” means any person who is 65 years of age or older. -(h) As used in this section, “dependent adult” means any person who is between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes any person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. -(i) As used in this section, “caretaker” means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult. -(j) Nothing in this section shall preclude prosecution under both this section and Section 187 or 12022.7 or any other provision of law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for any single offense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for any single offense. -(k) In any case in which a person is convicted of violating these provisions, the court may require him or her to receive appropriate counseling as a condition of probation. Any defendant ordered to be placed in a counseling program shall be responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay. -(l) Upon conviction for a violation of subdivision (b), (c), (d), (e), or (f), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law makes it a crime for a person who knows or reasonably should know that a person is an elder or dependent adult to willfully cause or permit the person or health of the elder or dependent adult to be injured, or willfully cause or permit the elder or dependent adult to be placed in a situation in which his or her person or health is endangered. Existing law specifies penalties for a person who violates any provision of law proscribing theft, embezzlement, forgery, fraud, or specified identity theft provisions of law when the victim is an elder or dependent adult. Existing law makes it a crime to falsely imprison an elder or dependent adult by the use of violence, menace, fraud, or deceit. -This bill would require a sentencing court, upon a person’s conviction for violating these provisions, to consider issuing an order restraining the defendant from any contact with the victim, whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation, which may be valid for up to 10 years, as determined by the court. By expanding the scope of the crime of violating a protective order, this bill would impose a state-mandated local program. -This bill would also make a conforming change. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 166 and 368 of the Penal Code, relating to elder abuse." -93,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the 2015 Realignment Legislation addressing justice reinvestment. -SEC. 2. -The Legislature finds and declares all of the following: -(a) The Legislature is committed to reducing recidivism among criminal offenders, ensuring that local governments have adequate funding to achieve this goal, and facilitating the responsible implementation of the criminal justice policies contained in the 2011 Realignment Legislation addressing public safety. -(b) California must continue to reinvest its criminal justice resources to support community-based corrections programs, evidence-based practices, and local correctional facilities in order to achieve improved public safety returns on this state’s substantial investment in its criminal justice system. -(c) Realigning low-level felony offenders who do not have prior convictions for serious, violent, or sex offenses to locally run, community-based corrections programs, which are strengthened through community-based punishment, evidence-based practices, improved supervision strategies, and enhanced secured capacity, has the potential to improve public safety outcomes for adult felons and facilitate their reintegration back into society. However, local governments have indicated that current resources provided by the state to achieve these goals are inadequate. This lack of resources has resulted in deficiencies in bed space, evidence-based programs, and treatment options. Community-based corrections programs require additional funding to meet the level of need and provide an appropriate level of service for offender populations shifted as a result of the 2011 Realignment Legislation addressing public safety. -(d) By enacting the 2011 Realignment Legislation addressing public safety, the Legislature affirmed its commitment to justice reinvestment and stated that the purpose of justice reinvestment is to manage and allocate criminal justice populations more cost effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable. -(e) In order to properly implement the 2011 Realignment Legislation addressing public safety, it is the intent of the Legislature to fully commit to justice reinvestment by using identified state savings generated by the 2011 Realignment Legislation addressing public safety and any other necessary funds to provide local governments with maximum flexibility and adequate funding to manage these new offenders in the manner that is in the best interest of public safety, most appropriate to each county, and consistent with principles of justice reinvestment. -SEC. 3. -Chapter 6.4 (commencing with Section 30030) is added to Division 3 of Title 3 of the Government Code, to read: -CHAPTER 6.4. Realignment Reinvestment Fund -30030. -For purposes of this chapter, “realigned offenders” means offenders sentenced to a county jail or to mandatory supervision, or to both county jail and mandatory supervision, pursuant to subdivision (h) of Section 1170 of the Penal Code, offenders subject to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3 of the Penal Code, and any other offenders under county supervision whose supervision would have been the responsibility of the state if the 2011 Realignment Legislation addressing public safety had not been enacted. -30031. -(a) (1) The Realignment Reinvestment Fund is hereby established in the State Treasury. Moneys in the fund are continuously appropriated and shall be used exclusively for the purposes of this chapter. -(2) (A) Beginning in 2016, on or after July 1, and no later than August 31 of each year, the Director of Finance shall, in consultation with the Legislative Analyst, annually calculate both of the following: -(i) The actual net savings to the state for the immediately preceding fiscal year resulting from the 2011 Realignment Legislation addressing public safety. -(ii) An estimate of the net savings to the state for the current fiscal year resulting from the 2011 Realignment Legislation addressing public safety. -(B) Provided there are savings, the calculations shall be made for each fiscal year by subtracting the amount calculated pursuant to subparagraph (D) from the amount calculated pursuant to subparagraph (C) for each fiscal year. -(C) (i) For the calculation pursuant to clause (i) of subparagraph (A), the sum of all expenditure reductions, less cost increases, affecting the Department of Corrections and Rehabilitation in the fiscal year for which the calculation is being made that are a result of the 2011 Realignment Legislation addressing public safety. This calculation shall reflect the net fiscal impact of the 2011 Realignment Legislation addressing public safety and shall exclude, to the greatest extent possible, the fiscal impacts of all other changes, including, but not limited to, those resulting from legislation, voter-approved ballot measures, court orders, and other policy changes implemented subsequent to the 2011 Realignment Legislation addressing public safety. -(ii) For the calculation pursuant to clause (ii) of subparagraph (A), the projected sum of all expenditure reductions, less cost increases, affecting the Department of Corrections and Rehabilitation in the fiscal year for which the calculation is being made that are a result of the 2011 Realignment Legislation addressing public safety. This calculation shall reflect the net fiscal impact of the 2011 Realignment Legislation addressing public safety and shall exclude, to the greatest extent possible, the fiscal impacts of all other changes, including, but not limited to, those resulting from legislation, voter-approved ballot measures, court orders, and other policy changes implemented subsequent to the 2011 Realignment Legislation addressing public safety. -(D) (i) For the calculation pursuant to clause (i) of subparagraph (A), the sum of the allocations made from the Community Corrections Subaccount, the Community Corrections Growth Special Account, the District Attorney and Public Defender Subaccount, and the District Attorney and Public Defender Growth Special Account in the fiscal year for which the calculation is being made, less four hundred fifty-three million dollars ($453,000,000). -(ii) For the calculation pursuant to clause (ii) of subparagraph (A), the sum of the allocations projected to be made from the Community Corrections Subaccount, the Community Corrections Growth Special Account, the District Attorney and Public Defender Subaccount, and the District Attorney and Public Defender Growth Special Account in the fiscal year for which the calculation is being made, less four hundred fifty-three million dollars ($453,000,000). -(3) For the 2015–16 fiscal year, the Controller shall transfer one billion five hundred forty-three million seven hundred eighty three thousand dollars ($1,543,783,000) from the General Fund to the Realignment Reinvestment Fund for allocation pursuant to paragraph (5). -(4) Beginning with the 2016–17 fiscal year, and each fiscal year thereafter, the Controller shall transfer an amount equal to the difference between the amount identified in subparagraph (A) and the amount identified in subparagraph (B) from the General Fund to the Realignment Reinvestment Fund for allocation pursuant to paragraph (5). -(A) The estimate of net savings for the current fiscal year calculated pursuant to clause (ii) of subparagraph (A) of paragraph (2). -(B) An adjustment for the immediately preceding fiscal year that is the result of subtracting the amount calculated pursuant to clause (i) of subparagraph (A) of paragraph (2) for that fiscal year from the amount estimated pursuant to clause (ii) of subparagraph (A) of paragraph (2) for that fiscal year. -(5) The Controller shall annually allocate moneys in the Realignment Reinvestment Fund, no later than September 1 of each year, to each county and city and county, for deposit in the county’s or city and county’s Realignment Reinvestment Services Account proportionally, based on the average daily population of realigned offenders under each county’s supervision for the preceding fiscal year. The Controller shall consult with the Board of State and Community Corrections to determine the average daily population for each county. -(b) There shall be established in each county or city and county treasury a Realignment Reinvestment Services Account to receive all amounts allocated to a county or city and county for purposes of implementing this chapter. -(c) (1) Each county local Community Corrections Partnership established pursuant to subdivision (b) of Section 1230 of the Penal Code shall recommend a comprehensive, locally run supplemental community-based corrections plan to the county board of supervisors. The purpose of the plan shall be to improve the outcomes of the 2011 Realignment Legislation addressing public safety. The plan may include, but shall not be limited to, mental health programs, substance abuse programs, transitional housing programs, job placement programs, improved supervision strategies, community-based punishment programs, increased law enforcement staffing in cities and counties, county jail construction, maintenance, and operation, assessment and criminal prosecution of realigned offenders, and supervision or aftercare for offenders sentenced pursuant to subdivision (h) of Section 1170 of the Penal Code and offenders subject to postrelease community supervision pursuant to Section 3451 of the Penal Code. -(A) The supplemental community-based corrections plan may include, but shall not be limited to, all of the following components: -(i) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and other services that specifically target realigned offenders, and their families. -(ii) An identification and prioritization of the neighborhoods and other areas in the community that face a significant public safety risk from realigned offenders and associated crimes, including, but not limited to, gang activity, burglary, robbery, vandalism, controlled substances sales, firearm-related violence, and substance abuse. -(iii) A local action strategy that provides for a continuum of responses to crime and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for realigned offenders. -(iv) A schedule of programs identified in clause (iii) that are proposed to be funded pursuant to this subparagraph, including the projected amount of funding for each program. -(v) An accounting of the number of new crimes or violations committed by realigned offenders. -(vi) An evaluation of existing services and any gaps that may exist in those services. -(B) Programs proposed to be funded shall satisfy all of the following requirements: -(i) Be based on evidence-based programs and approaches that have been demonstrated to be effective in reducing crime, or programs that improve public safety through incapacitation, prosecution, or treatment of realigned offenders. -(ii) Employ information sharing systems to ensure that county and city actions are fully coordinated and designed to provide data for measuring the success of programs and strategies. -(C) The plan shall also identify the specific objectives of the programs proposed for funding and specified outcome measures to determine the effectiveness of the programs and contain an accounting for all program participants, including those who do not complete the programs. Outcome measures of the programs proposed to be funded shall include, but not be limited to, all of the following when that data is available and relevant to the program: -(i) The rate of arrests per 100,000 population. -(ii) The rate of successful completion of probation and postrelease community supervision. -(iii) The rate of successful completion of restitution and court-ordered community service responsibilities. -(iv) Arrest, incarceration, and probation violation rates of realigned offenders and other program participants. -(v) Quantification of the annual per capita costs of the program. -(D) To assess the effectiveness of programs funded pursuant to this paragraph using the program outcome criteria specified in subparagraph (C), the following periodic reports shall be submitted: -(i) Each county or city and county shall report, beginning October 15, 2016, and annually each October 15 thereafter, to the county board of supervisors and the Board of State and Community Corrections, in a format specified by the board, on the programs funded pursuant to this chapter and program outcomes as specified in subparagraph (C). -(ii) The Board of State and Community Corrections shall compile the local reports and, by March 15, 2017, and by March 15 of each year thereafter, make a report to the Governor and the Legislature on program expenditures within each county and city and county funded pursuant to this section and on the outcomes as specified in subparagraph (C). A report submitted pursuant to this clause shall be submitted in compliance with Section 9795 of the Government Code. -(2) The supplemental community-based corrections plan shall be voted on by an executive committee of each county’s Community Corrections Partnership consisting of the chief probation officer of the county as chair, a chief of police, the sheriff, the District Attorney, the Public Defender, the presiding judge of the superior court, or his or her designee, and one department representative listed in either subparagraph (G), (H), or (J) of paragraph (2) of subdivision (b) of Section 1230 of the Penal Code, as designated by the county board of supervisors for purposes related to the development and presentation of the plan. -(3) If a supplemental community-based corrections plan has been previously approved by a county’s or city and county’s local Community Corrections Partnership, the plan shall be reviewed annually and modified as needed. -(4) The supplemental community-based corrections plan or modified supplemental community-based corrections plan shall be deemed accepted by the county board of supervisors unless the board rejects the plan by a vote of four-fifths of the board, in which case the plan shall go back to the Community Corrections Partnership for further consideration. -(5) The supplemental community-based corrections plan or modified supplemental community-based corrections plan shall be submitted to the Board of State and Community Corrections no later than October 15 of each year. -(d) The Controller shall allocate funds to local jurisdictions for public safety in accordance with this section as described in subdivision (a). -(e) Funds allocated pursuant to subdivision (c) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met the requirement of this subdivision shall remit the unspent moneys in the Realignment Reinvestment Services Account to the Controller for deposit in the Realignment Reinvestment Fund. -(f) Beginning in 2016, and no later than May 1 of each year, the Director of Finance shall, in consultation with the Legislative Analyst, develop an estimate of the cost avoidances expected to be realized by the Department of Corrections and Rehabilitation in the current fiscal year that are a result of the 2011 Realignment Legislation addressing public safety and report those estimates to the chairpersons of the committees in each house of the Legislature that consider appropriations and to the Chairperson of the Joint Legislative Budget Committee. A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. The Legislature may consider each year whether to appropriate funds in augmentation of the moneys otherwise allocated pursuant to this chapter in an amount up to and including the amount of cost avoidances reported pursuant to this subdivision. -30032. -(a) Moneys allocated from a Realignment Reinvestment Services Account to a recipient entity shall be expended exclusively for services included in the county’s or city and county’s supplemental community-based corrections plan. These moneys shall supplement existing services, and shall not be used to supplant any existing funding for law enforcement services or programs or activities included in the supplemental community-based corrections plan provided by that entity. -(b) In no event shall any moneys allocated from the county’s or city and county’s Realignment Reinvestment Services Account be expended by a recipient entity to fund any of the following: -(1) Administrative overhead costs in excess of 1 percent of a recipient entity’s Realignment Reinvestment Services Account allocation for that fiscal year. -(2) The costs of any capital project or construction project that does not directly support programs or activities included in the supplemental community-based corrections plan. -(c) For purposes of this section, both of the following shall apply: -(1) A “recipient entity” is that entity that actually incurs the expenditures of Realignment Reinvestment Services Account funds allocated pursuant to subdivision (c) of Section 30301. -(2) Administrative overhead costs shall only be charged by the recipient entity, as defined in paragraph (1), up to 1 percent of its Realignment Reinvestment Services Account allocation. -30033. -The moneys in the Realignment Reinvestment Services Account established pursuant to subdivision (b) of Section 30031 in each county or city and county shall be expended exclusively as required by this chapter. Moneys allocated from the account shall not be transferred to, or commingled with, the moneys in any other fund in the county or city and county treasury, except that moneys may be transferred from the account to the county’s or city and county’s general fund to the extent necessary to facilitate the appropriation and expenditure of those transferred moneys in the manner required by this chapter. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, requires that certain specified felonies be punished by a term of imprisonment in a county jail for 16 months, or 2 or 3 years, and provides for postrelease community supervision by county officials for persons convicted of certain specified felonies upon release from prison or county jail. As part of the realignment of public safety services to local agencies, existing law establishes the Local Revenue Fund 2011 into which specified tax revenues are deposited and are continuously appropriated for the provision of public safety services, as defined. -This bill, the 2015 Realignment Legislation addressing justice reinvestment, would establish the Realignment Reinvestment Fund in the State Treasury as a continuously appropriated fund. The bill would require the Director of Finance, in consultation with the Legislative Analyst, to annually calculate the net savings to the state for the prior fiscal year and an estimate of the net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, as specified. The bill would require the Controller to transfer $1,543,783,000 from the General Fund to the Realignment Reinvestment Fund for the 2015–16 fiscal year, thereby making an appropriation. The bill would, beginning in the 2016–17 fiscal year, and each fiscal year thereafter, require the Controller to transfer an amount equal to the estimate of net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, adjusted by the difference between the preceding year’s estimate and the calculated prior fiscal year net savings, thereby making an appropriation. -The bill would require the Controller to annually allocate moneys in the Realignment Reinvestment Fund, no later than September 1 of each year, to each county for deposit in the county’s Realignment Reinvestment Services Account proportionally, based on the average daily population of realigned offenders under each county’s supervision for the preceding fiscal year. The bill would require the Controller to consult with the Board of State and Community Corrections to determine the average daily population for each county. -The bill would require a Realignment Reinvestment Services Account to be established in each county treasury. The bill would require the moneys to implement a comprehensive, locally run, supplemental community-based corrections plan, as specified. The bill would require the supplemental community-based corrections plan to be developed by each county’s local Community Corrections Partnership and to be voted on by an executive committee of each county’s Community Corrections Partnership, as specified. The bill would deem the supplemental community-based corrections plan accepted by the county board of supervisors unless the board rejects the plan by a -4/5 -vote. The bill would require each county or city and county to annually report to the county board of supervisors and the Board of State and Community Corrections on the programs funded pursuant to these provisions, as specified. By imposing additional duties on local officials, this bill would impose a state-mandated local program. -The bill would require the Director of Finance, in consultation with the Legislative Analyst, to develop a yearly estimate of the cost avoidances expected to be realized by the Department of Corrections and Rehabilitation that are a result of the 2011 Realignment Legislation, and would require the director to report those estimates to the Legislature, as provided. -The bill would require that moneys allocated from a Realignment Reinvestment Services Account be expended exclusively for purposes of the bill’s provisions. The bill would require that funds received pursuant to its provisions be expended or encumbered no later than June 30 the following year, and would require unspent moneys to be remitted for deposit in the Realignment Reinvestment Fund. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Chapter 6.4 (commencing with Section 30030) to Division 3 of Title 3 of the Government Code, relating to criminal justice realignment, and making an appropriation therefor." -94,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7522.02 of the Government Code is amended to read: -7522.02. -(a) (1) Notwithstanding any other law, except as provided in this article, on and after January 1, 2013, this article shall apply to all state and local public retirement systems and to their participating employers, including the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Legislators’ Retirement System, the Judges’ Retirement System, the Judges’ Retirement System II, county and district retirement systems created pursuant to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3), independent public retirement systems, and to individual retirement plans offered by public employers. However, this article shall be subject to the Internal Revenue Code and Section 17 of Article XVI of the California Constitution. The administration of the requirements of this article shall comply with applicable provisions of the Internal Revenue Code and the Revenue and Taxation Code. -(2) Notwithstanding paragraph (1), this article shall not apply to the entities described in Section 9 of Article IX of, and Sections 4 and 5 of Article XI of, the California Constitution, except to the extent that these entities continue to be participating employers in any retirement system governed by state statute. Accordingly, any retirement plan approved before January 1, 2013, by the voters of any entity excluded from coverage by this section shall not be affected by this article. -(3) (A) Notwithstanding paragraph (1), this article shall not apply to a public employee whose interests are protected under Section 5333(b) of Title 49 of the United States Code until a federal district court rules that the United States Secretary of Labor, or his or her designee, erred in determining that the application of this article precludes certification under that section, or until January 1, 2016, whichever is sooner. -(B) If a federal district court upholds the determination of the United States Secretary of Labor, or his or her designee, that application of this article precludes him or her from providing a certification under Section 5333(b) of Title 49 of the United States Code, this article shall not apply to a public employee specified in subparagraph (A). -(4) Notwithstanding paragraph (1), this article shall not apply to a multiemployer plan authorized by Section 302(c)(5) of the federal Taft-Hartley Act (29 U.S.C. Sec. 186(c)(5)) if the public employer began participation in that plan prior to January 1, 2013, and the plan is regulated by the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.). -(b) The benefit plan required by this article shall apply to public employees who are new members as defined in Section 7522.04. -(c) (1) Individuals who were employed by any public employer before January 1, 2013, and who became employed by a subsequent public employer for the first time on or after January 1, 2013, shall be subject to the retirement plan that would have been available to employees of the subsequent employer who were first employed by the subsequent employer on or before December 31, 2012, if the individual was subject to concurrent membership for which creditable service was performed in the previous six months or reciprocity established under any of the following provisions: -(A) Article 5 (commencing with Section 20350) of Chapter 3 of Part 3 of Division 5 of Title 2. -(B) Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3. -(C) Any agreement between public retirement systems to provide reciprocity to members of the systems. -(D) Section 22115.2 of the Education Code. -(2) An individual who was employed before January 1, 2013, and who, without a separation from employment, changed employment positions and became subject to a different defined benefit plan in a different public retirement system offered by his or her employer shall be subject to that defined benefit plan as it would have been available to employees who were first employed on or before December 31, 2012. -(d) If a public employer, before January 1, 2013, offers a defined benefit pension plan that provides a defined benefit formula with a lower benefit factor at normal retirement age and results in a lower normal cost than the defined benefit formula required by this article, that employer may continue to offer that defined benefit formula instead of the defined benefit formula required by this article, and shall not be subject to the requirements of Section 7522.10 for pensionable compensation subject to that formula. However, if the employer adopts a new defined benefit formula on or after January 1, 2013, that formula must conform to the requirements of this article or must be determined and certified by the retirement system’s chief actuary and the retirement board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the defined benefit plan may only participate in the lower cost defined benefit formula that was in place before January 1, 2013, or a defined benefit formula that conforms to the requirements of this article or is approved by the Legislature as provided in this subdivision. -(e) If a public employer, before January 1, 2013, offers a retirement benefit plan that consists solely of a defined contribution plan, that employer may continue to offer that plan instead of the defined benefit pension plan required by this article. However, if the employer adopts a new defined benefit pension plan or defined benefit formula on or after January 1, 2013, that plan or formula must conform to the requirements of this article or must be determined and certified by the retirement system’s chief actuary and the system’s board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the employer’s plan may only participate in the defined contribution plan that was in place before January 1, 2013, or a defined contribution plan or defined benefit formula that conforms to the requirements of this article. This subdivision shall not be construed to prohibit an employer from offering a defined contribution plan on or after January 1, 2013, either with or without a defined benefit plan, whether or not the employer offered a defined contribution plan prior to that date. -(f) (1) If, on or after January 1, 2013, the Cities of Brea and Fullerton form a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5), that joint powers authority may provide employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of the City of Brea, the City of Fullerton, or a city described in paragraph (2) who is not a new member and subsequently is employed by the joint powers authority within 180 days of the city providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. -(2) On or before January 1, 2017, a city in Orange County that is contiguous to the City of Brea or the City of Fullerton may join the joint powers authority described in paragraph (1) but not more than three cities shall be permitted to join. -(3) The formation of a joint powers authority on or after January 1, 2013, shall not act in a manner as to exempt a new employee or a new member, as defined by Section 7522.04, from the requirements of this article. New members may only participate in a defined benefit plan or formula that conforms to the requirements of this article. -(g) The Judges’ Retirement System and the Judges’ Retirement System II shall not be required to adopt the defined benefit formula required by Section 7522.20 or 7522.25 or the compensation limitations defined in Section 7522.10. -(h) This article shall not be construed to provide membership in any public retirement system for an individual who would not otherwise be eligible for membership under that system’s applicable rules or laws. -(i) On and after January 1, 2013, each public retirement system shall modify its plan or plans to comply with the requirements of this article and may adopt regulations or resolutions for this purpose.","The California Public Employees’ Pension Reform Act of 2013 (PEPRA) requires a public retirement system, as defined, to modify its plan or plans to comply with the act and, among other provisions, establishes new retirement formulas that may not be exceeded by a public employer offering a defined benefit pension plan for employees first hired on or after January 1, 2013. Existing law, the Joint Exercise of Powers Act, generally authorizes 2 or more public agencies, by agreement, to jointly exercise any common power, which may include hiring employees and establishing retirement systems. PEPRA authorizes a joint powers authority formed by the Cities of Brea and Fullerton on or after January 1, 2013, to provide employees who are not new members under PEPRA with the defined benefit plan or formula that was received by those employees from their respective employers on December 31, 2012, if they are employed by the joint powers authority without a break in service of more than 180 days. -This bill would revise the period during which the authorization granted to a joint powers authority formed by the Cities of Brea and Fullerton to provide specified retirement benefits, as described above, may be applied. The bill would authorize the authority to provide its employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of specified cities who is not a new member and subsequently is employed by the joint powers authority within 180 days of the city providing for the exercise of a common power, to which the employee was associated, by the joint powers authority.","An act to amend Section 7522.02 of the Government Code, relating to public employees’ retirement." -95,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares the following: -(a) In 2014, the gender wage gap in California stood at 16 cents on the dollar. A woman working full time year round earned an average of 84 cents to every dollar a man earned. This wage gap extends across almost all occupations reporting in California. This gap is far worse for women of color; Latina women in California make only 44 cents for every dollar a white male makes, the biggest gap for Latina women in the nation. -(b) While the state’s overall wage gap is slightly lower than the national average of 78 cents to the dollar, the persistent disparity in earnings still has a significant impact on the economic security and welfare of millions of working women and their families. Collectively, women working full time in California lose approximately $33,650,294,544 each year due to the gender wage gap. The wage gap contributes to the higher statewide poverty rate among women, which stands at 18 percent, compared to approximately 15 percent for men, and the poverty rate is even higher for women of color and single women living with children. -(c) California has prohibited gender-based wage discrimination since 1949. Section 1197.5 of the Labor Code was enacted to redress the segregation of women into historically undervalued occupations, but it has evolved over the last four decades so that it is now virtually identical to the federal Equal Pay Act of 1963 (29 U.S.C. Sec. 206(d)). However, the state provisions are rarely utilized because the current statutory language makes it difficult to establish a successful claim. -(d) Pay secrecy also contributes to the gender wage gap, because women cannot challenge wage discrimination that they do not know exists. Although California law prohibits employers from banning wage disclosures and retaliating against employees for engaging in this activity, in practice many employees are unaware of these protections and others are afraid to exercise these rights due to potential retaliation. -(e) To eliminate the gender wage gap in California, the state’s equal pay provisions and laws regarding wage disclosures must be improved. -SEC. 2. -Section 1197.5 of the Labor Code is amended to read: -1197.5. -(a) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: -(1) The wage differential is based upon one or more of the following factors: -(A) A seniority system. -(B) A merit system. -(C) A system that measures earnings by quantity or quality of production. -(D) A bona fide factor other than sex, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. -(2) Each factor relied upon is applied reasonably. -(3) The one or more factors relied upon account for the entire wage differential. -(b) Any employer who violates subdivision (a) is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. -(c) The Division of Labor Standards Enforcement shall administer and enforce this section. If the division finds that an employer has violated this section, it may supervise the payment of wages and interest found to be due and unpaid to employees under subdivision (a). Acceptance of payment in full made by an employer and approved by the division shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (g). -(d) Every employer shall maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All of the records shall be kept on file for a period of three years. -(e) Any employee may file a complaint with the division that the wages paid are less than the wages to which the employee is entitled under subdivision (a) or that the employer is in violation of subdivision (j). The complaint shall be investigated as provided in subdivision (b) of Section 98.7. The division shall keep confidential the name of any employee who submits to the division a complaint regarding an alleged violation of subdivision (a) or (j) until the division establishes the validity of the complaint, unless the division must abridge confidentiality to investigate the complaint. The name of the complaining employee shall remain confidential if the complaint is withdrawn before the confidentiality is abridged by the division. The division shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to these employees. -(f) The department or division may commence and prosecute, unless otherwise requested by the employee or affected group of employees, a civil action on behalf of the employee and on behalf of a similarly affected group of employees to recover unpaid wages and liquidated damages under subdivision (a), and in addition shall be entitled to recover costs of suit. The consent of any employee to the bringing of any action shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (g) unless the action is dismissed without prejudice by the department or the division, except that the employee may intervene in the suit or may initiate independent action if the suit has not been determined within 180 days from the date of the filing of the complaint. -(g) Any employee receiving less than the wage to which the employee is entitled under this section may recover in a civil action the balance of the wages, including interest thereon, and an equal amount as liquidated damages, together with the costs of the suit and reasonable attorney’s fees, notwithstanding any agreement to work for a lesser wage. -(h) A civil action to recover wages under subdivision (a) may be commenced no later than two years after the cause of action occurs, except that a cause of action arising out of a willful violation may be commenced no later than three years after the cause of action occurs. -(i) If an employee recovers amounts due the employee under subdivision (b), and also files a complaint or brings an action under subdivision (d) of Section 206 of Title 29 of the United States Code which results in an additional recovery under federal law for the same violation, the employee shall return to the employer the amounts recovered under subdivision (b), or the amounts recovered under federal law, whichever is less. -(j) (1) An employer shall not discharge, or in any manner discriminate or retaliate against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this section. An employer shall not prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise his or her rights under this section. Nothing in this section creates an obligation to disclose wages. -(2) Any employee who has been discharged, discriminated or retaliated against, in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in this section may recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief. -(3) A civil action brought under this subdivision may be commenced no later than one year after the cause of action occurs. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law regulates the payment of compensation to employees by employers and prohibits an employer from conditioning employment on requiring an employee to refrain from disclosing the amount of his or her wages, signing a waiver of the right to disclose the amount of those wages, or discriminating against an employee for making such a disclosure. -Existing law generally prohibits an employer from paying an employee at wage rates less than the rates paid to employees of the opposite sex in the same establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Existing law establishes exceptions to that prohibition where the payment is made pursuant to a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or a differential based on any bona fide factor other than sex. Existing law makes it a misdemeanor for an employer or other person acting either individually or as an officer, agent, or employee of another person to pay or cause to be paid to any employee a wage less than the rate paid to an employee of the opposite sex as required by these provisions, or who reduces the wages of any employee in order to comply with these provisions. -This bill would revise that prohibition to eliminate the requirement that the wage differential be within the same establishment, and instead would prohibit an employer from paying any of its employees at wage rates less than those paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, as specified. The bill would revise and recast the exceptions to require the employer to affirmatively demonstrate that a wage differential is based upon one or more specified factors, including a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a bona fide factor other than sex, as specified. The bill would also require the employer to demonstrate that each factor relied upon is applied reasonably, and that the one or more factors relied upon account for the entire differential. The bill would prohibit an employer from discharging, or in any manner discriminating or retaliating against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of these provisions. The bill would authorize an employee who has been discharged or discriminated or retaliated against, in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in these provisions, to recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief. The bill would prohibit an employer from prohibiting an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise his or her rights under these provisions. The bill would also increase the duration of employer recordkeeping requirements from 2 years to 3 years. By changing the definition of a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1197.5 of the Labor Code, relating to private employment." -96,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Pupil achievement in mathematics is important to prepare pupils for college and their future careers, especially those careers in the fields of science, technology, engineering, and mathematics (STEM). -(b) Placement in appropriate mathematics courses is critically important for a pupil during his or her middle and high school years. A pupil’s 9th grade math course placement is a crucial crossroads for his or her future educational success. Misplacement in the sequence of mathematics courses creates a number of barriers and results in pupils being less competitive for college admissions, including admissions at the California State University and University of California. -(c) The most egregious examples of mathematics misplacement occur with successful pupils and, disproportionately, with successful pupils of color. These successful pupils are achieving a grade of “B” or better, or are testing at proficient or even advanced proficiency on state assessments. Nevertheless, they are held back to repeat 8th grade mathematics coursework rather than advancing to the next course in the recommended mathematics course sequence. -(d) Mathematics misplacement has far-reaching impacts on a pupil’s confidence, general knowledge of mathematical concepts, and high school experience, and may also impact the college career opportunities available to the pupil. -(e) New research shows that it is less common for pupils of color, even high-achieving pupils of color, to reach calculus by grade 12 compared to their white and Asian peers. -(f) All pupils, regardless of race, ethnicity, gender, or socioeconomic background, deserve an equal chance to advance in mathematics. -(g) With the shift towards implementation of the Common Core State Standards for Mathematics, it is particularly important for all pupils to have access to high-quality mathematics programs that meet the goals and expectations of these standards. -(h) It is crucial for teachers and guidance personnel to advise pupils and parents on the importance of accurate mathematics course placement and its impact on future college eligibility so pupils may take each course in the mathematics course sequence. -(i) California faces a looming shortage of college-educated workers in an increasingly competitive global economy. -(j) A policy for correct mathematics placement must be addressed in order to ensure a fair process and chance of success for all pupils. -SEC. 2. -Section 51224.7 is added to the Education Code, to read: -51224.7. -(a) This act shall be known, and may be cited, as the California Mathematics Placement Act of 2015. -(b) Governing boards or bodies of local educational agencies that serve pupils entering grade 9 and that have not adopted a fair, objective, and transparent mathematics placement policy, as described in paragraphs (1) to (5), inclusive, as of January 1, 2016, shall, before the beginning of the 2016–17 school year, develop and adopt, in a regularly scheduled public meeting, a fair, objective, and transparent mathematics placement policy for pupils entering grade 9 that does all of the following: -(1) Systematically takes multiple objective academic measures of pupil performance into consideration. For purposes of this paragraph, “objective academic measures” means measures, such as statewide mathematics assessments, including interim and summative assessments authorized pursuant to Section 60640, placement tests that are aligned to state-adopted content standards in mathematics, classroom assignment and grades, and report cards. -(2) Includes at least one placement checkpoint within the first month of the school year to ensure accurate placement and permit reevaluation of individual pupil progress. -(3) Requires examination of aggregate pupil placement data annually to ensure that pupils who are qualified to progress in mathematics courses based on their performance on objective academic measures selected for inclusion in the policy pursuant to paragraph (1) are not held back in a disproportionate manner on the basis of their race, ethnicity, gender, or socioeconomic background. The local educational agency shall report the aggregate results of this examination to the governing board or body of the local educational agency. -(4) Offers clear and timely recourse for each pupil and his or her parent or legal guardian who questions the pupil’s placement. -(5) For nonunified school districts, addresses the consistency of mathematics placement policies between elementary and high school districts. -(c) Governing boards or bodies of local educational agencies serving pupils who are transitioning between elementary and middle school or elementary and junior high school may develop and implement a mathematics placement policy for these pupils, as applicable, that satisfies paragraphs (1) to (5), inclusive, of subdivision (b). -(d) Each governing board or body of a local educational agency shall ensure that its mathematics placement policy is posted on its Internet Web site. -(e) For purposes of this section, “local educational agency” means county office of education, school district, state special school, or charter school. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes a system of public elementary and secondary education in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils. -This bill would enact the California Mathematics Placement Act of 2015. The bill would require governing boards or bodies of local educational agencies, as defined, that serve pupils entering grade 9 and that have not adopted a fair, objective, and transparent mathematics placement policy as of January 1, 2016, to, before the beginning of the 2016–17 school year, develop and adopt, in a regularly scheduled public meeting, a fair, objective, and transparent mathematics placement policy for pupils entering grade 9 with specified elements, and would authorize governing boards or bodies of local educational agencies serving pupils who are transitioning between elementary and middle school or elementary and junior high school to develop and implement a mathematics placement policy for these pupils, as applicable, with these specified elements. The bill would further require each governing board or body of a local educational agency to ensure that its mathematics placement policy is posted on its Internet Web site. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 51224.7 to the Education Code, relating to pupil instruction." -97,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4846.5 of the Business and Professions Code is amended to read: -4846.5. -(a) Except as provided in this section, the board shall issue renewal licenses only to those applicants that have completed a minimum of 36 hours of continuing education in the preceding two years. -(b) (1) Notwithstanding any other law, continuing education hours shall be earned by attending courses relevant to veterinary medicine and sponsored or cosponsored by any of the following: -(A) American Veterinary Medical Association (AVMA) accredited veterinary medical colleges. -(B) Accredited colleges or universities offering programs relevant to veterinary medicine. -(C) The American Veterinary Medical Association. -(D) American Veterinary Medical Association recognized specialty or affiliated allied groups. -(E) American Veterinary Medical Association’s affiliated state veterinary medical associations. -(F) Nonprofit annual conferences established in conjunction with state veterinary medical associations. -(G) Educational organizations affiliated with the American Veterinary Medical Association or its state affiliated veterinary medical associations. -(H) Local veterinary medical associations affiliated with the California Veterinary Medical Association. -(I) Federal, state, or local government agencies. -(J) Providers accredited by the Accreditation Council for Continuing Medical Education (ACCME) or approved by the American Medical Association (AMA), providers recognized by the American Dental Association Continuing Education Recognition Program (ADA CERP), and AMA or ADA affiliated state, local, and specialty organizations. -(2) Continuing education credits shall be granted to those veterinarians taking self-study courses, which may include, but are not limited to, reading journals, viewing video recordings, or listening to audio recordings. The taking of these courses shall be limited to no more than six hours biennially. -(3) The board may approve other continuing veterinary medical education providers not specified in paragraph (1). -(A) The board has the authority to recognize national continuing education approval bodies for the purpose of approving continuing education providers not specified in paragraph (1). -(B) Applicants seeking continuing education provider approval shall have the option of applying to the board or to a board-recognized national approval body. -(4) For good cause, the board may adopt an order specifying, on a prospective basis, that a provider of continuing veterinary medical education authorized pursuant to paragraph (1) or (3) is no longer an acceptable provider. -(5) Continuing education hours earned by attending courses sponsored or cosponsored by those entities listed in paragraph (1) between January 1, 2000, and January 1, 2001, shall be credited toward a veterinarian’s continuing education requirement under this section. -(c) Every person renewing his or her license issued pursuant to Section 4846.4, or any person applying for relicensure or for reinstatement of his or her license to active status, shall submit proof of compliance with this section to the board certifying that he or she is in compliance with this section. Any false statement submitted pursuant to this section shall be a violation subject to Section 4831. -(d) This section shall not apply to a veterinarian’s first license renewal. This section shall apply only to second and subsequent license renewals granted on or after January 1, 2002. -(e) The board shall have the right to audit the records of all applicants to verify the completion of the continuing education requirement. Applicants shall maintain records of completion of required continuing education coursework for a period of four years and shall make these records available to the board for auditing purposes upon request. If the board, during this audit, questions whether any course reported by the veterinarian satisfies the continuing education requirement, the veterinarian shall provide information to the board concerning the content of the course; the name of its sponsor and cosponsor, if any; and specify the specific curricula that was of benefit to the veterinarian. -(f) A veterinarian desiring an inactive license or to restore an inactive license under Section 701 shall submit an application on a form provided by the board. In order to restore an inactive license to active status, the veterinarian shall have completed a minimum of 36 hours of continuing education within the last two years preceding application. The inactive license status of a veterinarian shall not deprive the board of its authority to institute or continue a disciplinary action against a licensee. -(g) Knowing misrepresentation of compliance with this article by a veterinarian constitutes unprofessional conduct and grounds for disciplinary action or for the issuance of a citation and the imposition of a civil penalty pursuant to Section 4883. -(h) The board, in its discretion, may exempt from the continuing education requirement any veterinarian who for reasons of health, military service, or undue hardship cannot meet those requirements. Applications for waivers shall be submitted on a form provided by the board. -(i) The administration of this section may be funded through professional license and continuing education provider fees. The fees related to the administration of this section shall not exceed the costs of administering the corresponding provisions of this section. -(j) For those continuing education providers not listed in paragraph (1) of subdivision (b), the board or its recognized national approval agent shall establish criteria by which a provider of continuing education shall be approved. The board shall initially review and approve these criteria and may review the criteria as needed. The board or its recognized agent shall monitor, maintain, and manage related records and data. The board may impose an application fee, not to exceed two hundred dollars ($200) biennially, for continuing education providers not listed in paragraph (1) of subdivision (b). -(k) (1) On or after January 1, 2018, a licensed veterinarian who renews his or her license shall complete a minimum of one credit hour of continuing education on the judicious use of medically important antimicrobial drugs every four years as part of his or her continuing education requirements. -(2) For purposes of this subdivision, “medically important antimicrobial drug” means an antimicrobial drug listed in Appendix A of the federal Food and Drug Administration’s Guidance for Industry #152, including critically important, highly important, and important antimicrobial drugs, as that appendix may be amended. -SEC. 2. -Section 1275.4 is added to the Health and Safety Code, to read: -1275.4. -(a) On or before January 1, 2017, each skilled nursing facility, as defined in subdivision (c) of Section 1250, shall adopt and implement an antimicrobial stewardship policy that is consistent with antimicrobial stewardship guidelines developed by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, or similar recognized professional organizations. -(b) All skilled nursing facilities, as defined in subdivision (c) of Section 1250, shall comply with this section. Failure to comply with the requirements of this section may subject the facility to the enforcement actions set forth in Section 1423. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to protect Californians from the burden and threats posed by the national security priority of antimicrobial-resistant infections, it is necessary that this act take effect immediately.","Under the Veterinary Medicine Practice Act, the Veterinary Medical Board licenses veterinarians and regulates the practice of veterinary medicine. The act requires an applicant for a renewal license to complete 36 hours of continuing education in the preceding 2 years. -This bill would require a veterinarian who renews his or her license on or after January 1, 2018, to complete a minimum of one credit hour of continuing education on the judicious use of medically important antimicrobial drugs, as defined, every 4 years as part of the continuing education requirement. -Existing law provides for the licensure and regulation of skilled nursing facilities by the State Department of Public Health. Under existing law, a violation of the provisions governing skilled nursing facilities constitutes a crime. Existing law also establishes the Hospital Infectious Disease Control Program, which requires the department and general acute care hospitals to implement various measures relating to the prevention of health care associated infection. The program requires, by July 1, 2015, that each general acute care hospital adopt and implement an antimicrobial stewardship policy, in accordance with guidelines established by the federal government and professional organizations, that includes a process to evaluate the judicious use of antibiotics, as specified. -This bill would require all skilled nursing facilities, as defined, by no later than January 1, 2017, to adopt and implement an antimicrobial stewardship policy that is consistent with the antimicrobial stewardship guidelines developed by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, or specified professional organizations. -By expanding the scope of an existing crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 4846.5 of the Business and Professions Code, and to add Section 1275.4 to the Health and Safety Code, relating to public health, and declaring the urgency thereof, to take effect immediately." -98,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 13307 of the Elections Code is amended to read: -13307. -(a) (1) Each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidate’s statement on an appropriate form provided by the elections official. The statement may include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidate’s education and qualifications expressed by the candidate himself or herself. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. -(2) The statement authorized by this subdivision shall be filed in the office of the elections official when the candidate’s nomination papers are returned for filing, if it is for a primary election, or for an election for offices for which there is no primary. The statement shall be filed in the office of the elections official no later than the 88th day before the election, if it is for an election for which nomination papers are not required to be filed. If a runoff election or general election occurs within 88 days of the primary or first election, the statement shall be filed with the elections official by the third day following the governing body’s declaration of the results from the primary or first election. -(3) Except as provided in Section 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5 p.m. of the next working day after the close of the nomination period. -(b) (1) The elections official shall send to each voter, together with the sample ballot, a voter’s pamphlet which contains the written statements of each candidate that is prepared pursuant to this section. The statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing. -(2) The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the following: -(A) A certified and registered interpreter on the Judicial Council Master List. -(B) An interpreter categorized as “certified” or “professionally qualified” by the Administrative Office of the United States Courts. -(C) From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education. -(D) A current voting member in good standing of the American Translators Association. -(E) A current member in good standing of the American Association of Language Specialists. -(c) The local agency may estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the federal Voting Rights Act of 1965, as amended. The local agency may require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the local agency is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the local agency may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the local agency which, or the elections official who, collected the estimated cost shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. -(d) Nothing in this section shall be deemed to make any statement, or the authors thereof, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous statements offered for printing or contained in the voter’s pamphlet. -(e) Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidate’s statement sent to each voter. This decision shall not be revoked or modified after the seventh day prior to the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, and mailing shall be provided to each candidate or his or her representative at the time he or she picks up the nomination papers. -(f) For purposes of this section and Section 13310, the board of supervisors shall be deemed the governing body of judicial elections. -SEC. 2. -Section 14111 of the Elections Code is amended to read: -14111. -Translations of the ballot measures and ballot instructions, as required by Section 14201, shall be provided by a person selected by the elections official who is one of the following: -(a) A certified and registered interpreter on the Judicial Council Master List. -(b) An interpreter categorized as “certified” or “professionally qualified” by the Administrative Office of the United States Courts. -(c) From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education. -(d) A current voting member in good standing of the American Translators Association. -(e) A current member in good standing of the American Association of Language Specialists.","Existing law requires each county elections official to prepare separate sample ballots for each political party and a separate sample nonpartisan ballot, as specified. Existing law requires the elections official to send to each voter, together with the sample ballot, a voter’s pamphlet that contains the written statements of each candidate. Existing law requires the elections officials to provide a Spanish translation to those candidates who wish to have one and requires that the person selected to provide that translation be from a list of approved Spanish-language translators and interpreters of the superior court of the county or from an institution accredited by the Western Association of Schools and Colleges. -Existing law requires the public posting of specified voting information at each polling place on the day of each election. Existing law requires the precinct board to post, in a conspicuous location at the polling place, at least one facsimile copy of the ballot with the ballot measures and ballot instructions printed in Spanish and facsimile ballots printed in other languages if a significant and substantial need is found by the elections official. Existing law requires that each translation of the ballot measures and ballot instructions posted at the polling place be provided by a person selected by the elections official from the list of approved translators and interpreters of the superior court of the county or from an institution accredited by the Western Association of Schools and Colleges. -This bill would expand the group of acceptable translators for purposes of those provisions to include persons appearing on the Judicial Council Master List, persons qualified by the Administrative Office of the United States Courts, persons from an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education, and members of certain professional organizations.","An act to amend Sections 13307 and 14111 of the Elections Code, relating to elections." -99,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 562 is added to the Food and Agricultural Code, to read: -562. -The Legislature further finds and declares all of the following: -(a) California’s agricultural output is larger and more diverse than any state in the United States, providing the majority of the country’s fruits, vegetables, nuts, and dairy products. -(b) Dependent on land and natural resources, California agriculture is uniquely vulnerable to climate change, which poses a serious threat to California agriculture with rising temperatures, increases in extreme weather events, constrained water resources, reduced winter chilling hours, and rising sea levels. -(c) California agriculture also is uniquely positioned to provide climate benefits by reducing greenhouse gas emissions. Research funded by the State Energy Resources -and Conservation -Conservation and -Development Commission’s Public Interest Energy Research (PIER) program finds that some agricultural practices will not only reduce greenhouse gas emissions, but they also may help to store carbon in soils and trees. Carbon storage is an important strategy to help meet the state’s greenhouse gas emissions targets. -(d) Steps taken by those working in California agriculture to reduce greenhouse gas emissions and sequester atmospheric carbon can provide other important environmental cobenefits, such as improved air and water quality, water conservation, enhanced wildlife habitat, and healthier rural communities. -(e) It is, therefore, the intent of the Legislature to enhance the long-term viability of California agriculture by supporting activities that reduce climate change impacts that may negatively impact it and the rest of the state. -(f) It is further the intent of the Legislature that the department, pursuant to this article, support the state’s agricultural sector in pursuing on-farm practices and activities that reduce greenhouse gas emissions and increase carbon storage in agricultural soils and woody biomass. -SEC. 2. -Section 564 of the Food and Agricultural Code is amended to read: -564. -Unless the context otherwise requires, the following definitions govern the construction of this article: -(a) “Agricultural activities” means those activities that generate products as specified in Section 54004. -(b) “Department” means the Department of Food and Agriculture. -(c) “Fund” means the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. -(d) “Panel” means the Environmental Farming Science Advisory Panel. -(e) “Secretary” means the Secretary of Food and Agriculture. -SEC. 3. -Section 566 of the Food and Agricultural Code is amended to read: -566. -(a) (1) The department shall establish and oversee an environmental farming program. The program may provide incentives, including, but not limited to, loans, grants, research, technical assistance, or educational materials and outreach, to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat and reduce on-farm greenhouse gas emissions or increase carbon storage in agricultural soils and woody biomass, or both. -(2) The department may provide support through the program that may include, but need not be limited to, permit assistance and coordination and the funding of on-farm demonstration projects in furtherance of the goals of the program. -(b) (1) The department may assist in the compilation of scientific evidence from public and private sources, including the scientific community, industry, conservation organizations, and federal, state, and local agencies identifying the net environmental impacts and benefits that agriculture creates for the environment. -(2) The department shall serve as the depository of the scientific evidence compiled pursuant to this subdivision and provide it to federal, state, and local agencies as needed. -(c) The department shall conduct the activities specified in this article with existing resources, to the extent they are available. -SEC. 4. -Section 568 of the Food and Agricultural Code is amended to read: -568. -(a) The secretary shall convene an Environmental Farming Science Advisory Panel to advise the secretary on the implementation of an environmental farming program, established pursuant to Section 566, and assist federal, state, and local government agencies, as appropriate or necessary, on issues relating to the impact of agricultural practices on air, water, climate change, and wildlife habitat. -(b) (1) The panel shall consist of the following members: -(A) Two members appointed by the Secretary for Environmental Protection. One of these members shall have expertise in climate change and its impacts on California agriculture, and the other member shall have expertise in greenhouse gas emissions reduction practices related to agriculture. -(B) Two members appointed by the Secretary of the Natural Resources Agency. One of these members shall be affiliated with the California Association of Resource Conservation Districts. The other member shall be engaged in the conduct of scientific research related to the purposes described in Section 566. -(C) Five members appointed by the secretary, according to the following: -(i) Three members who are agricultural producers in the state with at least five years of training and experience in the field of agriculture. At least one of these members shall be registered as a producer pursuant to the California Organic Products Act of 2003 (Chapter 10 (commencing with Section 46000) of Division 17). -(ii) One member who is affiliated with the University of California Cooperative Extension. -(iii) One member who is engaged in the conduct of scientific research related to the purposes described in Section 566. -(2) The secretary may appoint nonvoting advisers to the panel after consulting with the panel. -(3) The secretary shall designate the member who is to serve as the chair of the panel. -(4) Members of the panel shall be highly qualified and professionally active with at least five years of experience in their chosen field. -(5) Of the members first appointed to the panel, four shall serve for a term of two years and five shall serve for a term of three years, as determined by lot. Thereafter, members shall be appointed for a term of three years. -(c) The panel, at a minimum and as necessary, shall do all of the following: -(1) (A) Review data on the -impact -impacts and benefits -that agriculture has on the environment and recommend to the secretary and other appropriate state agencies data that the panel determines is scientifically valid. -(B) A state agency that receives data recommended by the panel may adopt and incorporate the data into the appropriate program. -(C) If a state agency does not utilize the data recommended by the panel, the state agency shall provide the panel with a written statement of reasons for not doing so. The reasons shall specify, at a minimum, the scientific basis for not utilizing the data. The reasons shall be provided within 180 days of receiving the data. -(2) Compile the net environmental impacts of agriculture on the environment, identified pursuant to paragraph (1), for use by the department, other relevant state agencies, and the public. -(3) Research, review, and comment on data upon which proposed environmental policies and regulatory programs are based to ensure that the environmental impacts of agricultural activities are accurately portrayed and to identify incentives that may be provided to encourage agricultural practices with environmental benefits. -(4) Assist government agencies to incorporate benefits identified pursuant to paragraph (1) into environmental regulatory programs. -(5) Review and advise the secretary and the State Board of Food and Agriculture on existing and proposed programs and projects that provide technical, educational, and financial assistance, including, but not limited to, competitive grants to agricultural producers that will result in multiple environmental and health benefits, including, but not limited to, reduced greenhouse gas emissions, increased carbon storage in soils and woody biomass, improved air and water quality, enhanced wildlife habitat, and improved local health outcomes. -(d) The State Air Resources Board, in consultation with the secretary and the panel, shall consider, and recommend, as appropriate, in the guidance developed pursuant to subdivision (b) of Section 16428.9 of the Government Code, the use of available tools to demonstrate and quantify greenhouse gas emissions reductions from the grant program established pursuant to subdivision (b) of Section 569, including, but not limited to, the Natural Resources Conservation Service’s National Conservation Practice Standards and COMET-Farm and other quantification tools. -(e) The panel may establish ad hoc committees, which may include professionals or scientists, to assist it in performing its functions. -(f) (1) The panel shall submit a biennial report to the Legislature, the Governor, the agencies represented on the panel, and the State Board of Food and Agriculture that includes all of the following: -(A) A description of the work conducted by the panel during the prior two-year period. -(B) The panel’s action plan for the next two years, including goals and performance measures. -(2) The first report shall be submitted two years after the panel’s first meeting or January 1, 2019, whichever occurs first. -(3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. -(g) The panel shall be created and maintained with funds made available from existing resources within the department to the extent they are available. -SEC. 5. -Section 569 is added to the Food and Agricultural Code, to read: -569. -(a) The sum of twenty-five million dollars ($25,000,000) shall be available, upon appropriation by the Legislature, from the fund to the department to support projects to demonstrate agricultural management practices and activities that reduce greenhouse gas emissions and increase carbon storage in agricultural soils and woody biomass, including, but not limited to, all of the following: -(1) Soil-building and carbon-sequestration practices, including the increased use of compost and biochar, cover crops, and low- and no-till practices. -(2) Irrigation efficiency and water conservation measures, including soil-moisture monitoring, irrigation scheduling, high-efficiency water delivery technologies, dry farming, and on-farm water catchment. -(3) Alternative-energy production and energy efficiency, including energy produced from agricultural waste from a farm or at -a -an agricultural -processing facility located in the state, and improved on-farm -operational -energy -efficiencies. -(4) Wildlife habitat conservation, including hedgerow planting, native grass planting and restoration, agroforestry, and managed grazing for enhanced habitat. -(b) The department, in consultation with the panel, shall develop and implement a grant program to carry out the purposes of this article. -(c) The secretary and the Secretary of the Natural Resources Agency shall enter into a memorandum of agreement among the department, the Department of Conservation, and other relevant state agencies to ensure the greatest possible coordination and collaboration in implementing the programs and projects funded pursuant to this section. -SEC. 6. -Section 39719 of the Health and Safety Code is amended to read: -39719. -(a) The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712. -(b) To carry out a portion of the requirements of subdivision (a), annual proceeds are continuously appropriated for the following: -(1) Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as follows: -(A) Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code. -(B) Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Moneys shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code. -(C) Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds of the fund shall be expended for affordable housing, consistent with the provisions of that program and no less than -two -2 -percent of the annual proceeds of the fund shall be expended for agricultural land protection consistent with Section 75217.5 of the Public Resources Code. -(2) Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code: -(A) Acquisition and construction costs of the project. -(B) Environmental review and design costs of the project. -(C) Other capital costs of the project. -(D) Repayment of any loans made to the authority to fund the project. -(c) In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the moneys subject to Section 39719.1 shall not be included. -SEC. 7. -Section 75217.5 is added to the Public Resources Code, to read: -75217.5. -(a) The Legislature finds and declares all of the following: -(1) It is in the interest of the state to provide incentives for the use of agricultural land management practices that will reduce greenhouse gas emissions, sequester carbon in soils and woody biomass, and provide other cobenefits on working agricultural operations. -(2) The council’s Sustainable Agricultural Lands Conservation Program, established pursuant to this chapter, has three elements, including financial incentives for the adoption and use of land management practices that achieve these goals. -(3) The 2014 program guidelines establish grant programs for the 2014–15 fiscal year to promote agricultural lands strategic planning and agricultural land conservation easements, but the guidelines do not establish a grant program to provide incentives for agricultural land management practices. -(b) (1) The council, no later than the 2015–16 fiscal year, shall establish and administer a grant program, as part of the Sustainable Agricultural Lands Conservation Program, to provide financial incentives for the adoption and use of land management practices that reduce greenhouse gas emissions, sequester carbon in soil and woody biomass, and provide other cobenefits on working agricultural operations. The council shall consult with the Department of Food and Agriculture and the Environmental Farming -Science -Advisory Panel, established pursuant to Section 568 of the Food and Agricultural Code, when developing the grant program and guidelines. -(2) The council, as part of the grant program established pursuant to this subdivision, shall give priority to working agricultural operations that adopt land management practices that achieve the goals described in paragraph (1).","(1) Existing law, the Cannella Environmental Farming Act of 1995, requires the Department of Food and Agriculture to establish and oversee an environmental farming program to provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. The act requires the Secretary of Food and Agriculture to convene a 5-member Scientific Advisory Panel on Environmental Farming for the purpose of providing advice and assistance to federal, state, and local government agencies on issues relating to air, water, and wildlife habitat, as specified. -This bill instead would authorize, rather than require, the environmental farming program to provide incentives, including loans, grants, research, technical assistance, or educational materials and outreach, to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat, and reduce on-farm greenhouse gas emissions or increase carbon storage in agricultural soils and woody biomass, or both. The bill would rename the panel the Environmental Farming Science Advisory Panel and revise the panel’s membership and duties, as specified. The bill would require the panel to provide a biennial report describing its work to the Legislature and the Governor, among others. -The bill would provide that $25,000,000 shall be made available to the department, upon appropriation, from the Greenhouse Gas Reduction Fund to support projects to demonstrate agricultural management practices and activities that reduce greenhouse gas emissions and increase carbon storage in agricultural soils and woody biomass, as specified. The bill would require the department, in consultation with the panel, to develop and implement a grant program to carry out the purposes of the act and would require the State Air Resources Board, in consultation with the secretary and the panel, to consider and recommend, as appropriate, the use of available tools to demonstrate and quantify greenhouse gas emissions reductions from the grant program. -(2) The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund. Existing law continuously appropriates 20% of the annual proceeds of the fund to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program, as provided. -This bill would require the council, no later than the 2015–16 fiscal year, to establish and administer a grant program, as part of the Sustainable Agricultural Lands Conservation Program established by the council in conjunction with the Affordable Housing and Sustainable Communities Program, to provide financial incentives for the adoption and use of land management practices that reduce greenhouse gas emissions, sequester carbon in soil and woody biomass, and provide other cobenefits on working agricultural operations, as specified. -The bill would continuously appropriate 2% of the annual proceeds of the fund to the Strategic Growth Council to be expended for agricultural land protection consistent with the provisions of that grant program, thereby making an appropriation.","An act to amend Sections 564, 566, and 568 of, and to add Sections 562 and 569 to, the Food and Agricultural Code, to amend Section 39719 of the Health and Safety Code, and to add Section 75217.5 to the Public Resources Code, relating to agriculture, and making an appropriation therefor." -100,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known and may be cited as the California Workplace Flexibility Act of -2015. -2016. -SEC. 2. -The Legislature finds and declares all of the following: -(a) California businesses and their workers suffer from outdated and inefficient workplace and overtime rules that do not allow for sufficient flexibility for employers and workers to schedule their hours of work for mutual benefit. -(b) California overtime laws, which are unique in the country, make it difficult for most employers to reach an agreement with an individual worker that would allow a flexible work schedule. -(c) Existing law does not permit a California employer to allow an individual worker to choose a flexible work schedule of four 10-hour days per week without overtime being paid. -(d) As a consequence, large, small, and micro-employers do not have the flexibility to offer their employees the opportunity to take advantage of a flexible work schedule that would benefit the workers and their families. -(e) Permitting employees to elect to work four 10-hour days per week without the payment of overtime would allow those employees to spend much-needed time with their families, lessen traffic congestion on our crowded roads and highways, allow workers to spend one day a week on personal matters, such as volunteering at a child’s school, scheduling medical appointments, and attending to other important family matters that often are difficult to schedule with a five-days-per-week, eight-hours-per-day schedule. -(f) It is the intent of the Legislature in enacting the California Workplace Flexibility Act of -2015 -2016 -to protect workers as follows: -(1) An employee may not be forced to work more than eight hours in a day without receiving overtime, but, instead, he or she may request a flexible work schedule of up to four 10-hour days per week and the employer may agree to this schedule without having to pay overtime for the 9th and 10th hours worked per day in that schedule. -(2) The employer will be required to pay overtime rates after 10 work hours in a day for workers who have chosen a flexible schedule pursuant to this act. -(3) The employer will be required to pay double normal pay after 12 work hours in a day for a worker who has chosen a flexible schedule under this act. -(4) The worker, including one who chooses a flexible schedule under this act, will receive overtime for any hours worked over 40 hours in a single week. -(g) Workplaces that are unionized already allow workers to choose to work four 10-hour days; however, it is virtually impossible for workers of nonunionized workplaces to enjoy this benefit. -SEC. 3. -Section 510 of the Labor Code is amended to read: -510. -(a) Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. The requirements of this section do not apply to the payment of overtime compensation to an employee working pursuant to any of the following: -(1) An alternative workweek schedule adopted pursuant to Section 511. -(2) An employee-selected flexible work schedule adopted pursuant to Section 511.5. -(3) An alternative workweek schedule adopted pursuant to a collective bargaining agreement pursuant to Section 514. -(4) An alternative workweek schedule to which this chapter is inapplicable pursuant to Section 554. -(b) Time spent commuting to and from the first place at which an employee’s presence is required by the employer shall not be considered to be a part of a day’s work, when the employee commutes in a vehicle that is owned, leased, or subsidized by the employer and is used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code. -(c) This section does not affect, change, or limit an employer’s liability under the workers’ compensation law. -SEC. 4. -Section 511.5 is added to the Labor Code, to read: -511.5. -(a) Notwithstanding Section 511 or any other law or order of the Industrial Welfare Commission, an individual nonexempt employee may work up to 10 hours per workday without any obligation on the part of the employer to pay an overtime rate of compensation, except as provided in subdivision (b), if the employee requests this schedule in writing and the employer approves the request. This shall be referred to as an overtime exemption for an employee-selected flexible work schedule. -(b) If an employee-selected flexible work schedule is adopted pursuant to subdivision (a), the employer shall pay overtime at one and one-half times the employee’s regular rate of pay for all hours worked over 40 hours in a workweek or over 10 hours in a workday, whichever is the greater number of hours. All work performed in excess of 12 hours per workday and in excess of eight hours on a fifth, sixth, or seventh day in the workweek shall be paid at double the employee’s regular rate of pay. -(c) The employer may inform its employees that it is willing to consider an employee request to work an employee-selected flexible work schedule, but shall not induce a request by promising an employment benefit or threatening an employment detriment. -(d) The employee or employer may discontinue the employee-selected flexible work schedule at any time by giving written notice to the other party. The request will be effective the first day of the next pay period or the fifth day after notice is given if there are fewer than five days before the start of the next pay period, unless otherwise agreed to by the employer and the employee. -(e) This section does not apply to any employee covered by a valid collective bargaining agreement or employed by the state, a city, county, city and county, district, municipality, or other public, quasi-public, or municipal corporation, or any political subdivision of this state. -(f) This section shall be liberally construed to accomplish its purposes. -(g) (1) The Division of Labor Standards Enforcement shall enforce this section and shall adopt or revise regulations in a manner necessary to conform and implement this section. -(2) This section shall prevail over any inconsistent provisions in any wage order of the Industrial Welfare Commission.","Existing law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour -workweek, -workweek -and requires payment of prescribed overtime compensation for additional hours worked. Existing law authorizes the adoption by -2/3 -of employees in a work unit of alternative workweek schedules providing for workdays no longer than 10 hours within a 40-hour workweek. -This bill would enact the California Workplace Flexibility Act of -2015. -2016. -The bill would permit an individual nonexempt employee to request an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour -workweek, -workweek -and would allow the employer to implement this schedule without the obligation to pay overtime compensation for those additional hours in a workday. The bill would prescribe a method for calculating the payment of overtime for hours worked in excess of the permitted amounts and would establish requirements for termination of these agreements. The bill would except from its provisions employees covered by collective bargaining and public employees, as specified. The bill would require the Division of Labor Standards Enforcement in the Department of Industrial Relations to enforce this provision and adopt regulations.","An act to amend Section 510 of, and to add Section 511.5 to, the Labor Code, relating to employment." -101,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 120440 of the Health and Safety Code is amended to read: -120440. -(a) For the purposes of this chapter, the following definitions shall apply: -(1) “Health care provider” means any person licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or a clinic or health facility licensed pursuant to Division 2 (commencing with Section 1200). -(2) “Schools, child care facilities, and family child care homes” means those institutions referred to in subdivision (b) of Section 120335, regardless of whether they directly provide immunizations to patients or clients. -(3) “WIC service provider” means any public or private nonprofit agency contracting with the department to provide services under the California Special Supplemental Food Program for Women, Infants, and Children, as provided for in Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106. -(4) “Health care plan” means a health care service plan as defined in subdivision (f) of Section 1345, a government-funded program the purpose of which is paying the costs of health care, or an insurer as described in Sections 10123.5 and 10123.55 of the Insurance Code, regardless of whether the plan directly provides immunizations to patients or clients. -(5) “County welfare department” means a county welfare agency administering the California Work Opportunity and Responsibility to Kids (CalWORKs) program, pursuant to Chapter 2 (commencing with Section 11200.5) of Part 3 of Division 9 of the Welfare and Institutions Code. -(6) “Foster care agency” means any of the county and state social services agencies providing foster care services in California. -(7) “Tuberculosis screening” means an approved intradermal tuberculin test or any other test for tuberculosis infection that is recommended by the federal Centers for Disease Control and Prevention and licensed by the federal Food and Drug Administration. -(b) (1) Local health officers may operate immunization information systems pursuant to their authority under Section 120175, in conjunction with the Immunization Branch of the State Department of Public Health. Local health officers and the State Department of Public Health may operate these systems in either or both of the following manners: -(A) Separately within their individual jurisdictions. -(B) Jointly among more than one jurisdiction. -(2) Nothing in this subdivision shall preclude local health officers from sharing the information set forth in paragraphs (1) to -(10), -(12), -inclusive, of subdivision (c) with other health officers jointly operating the system. -(c) Notwithstanding Sections 49075 and 49076 of the Education Code, Chapter 5 (commencing with Section 10850) of Part 2 of Division 9 of the Welfare and Institutions Code, or any other provision of law, unless a refusal to permit recordsharing is made pursuant to subdivision (e), health care providers, and other agencies, including, but not limited to, schools, child care facilities, service providers for the California Special Supplemental Food Program for Women, Infants, and Children (WIC), health care plans, foster care agencies, and county welfare departments, may disclose the information set forth in paragraphs (1) to -(10), -(12), -inclusive, from the patient’s medical record, or the client’s record, to local health departments operating countywide or regional immunization information and reminder systems and the State Department of Public Health. Local health departments and the State Department of Public Health may disclose the information set forth in paragraphs (1) to -(10), -(12), -inclusive, to each other and, upon a request for information pertaining to a specific person, to health care providers taking care of the patient. Local health departments and the State Department of Public Health may disclose the information in paragraphs (1) to (7), inclusive, and paragraphs (9) -and (10) -to (12), inclusive -, to schools, child care facilities, county welfare departments, and family child care homes to which the person is being admitted or in attendance, foster care agencies in assessing and providing medical care for children in foster care, and WIC service providers providing services to the person, health care plans arranging for immunization services for the patient, and county welfare departments assessing immunization histories of dependents of CalWORKs participants, upon request for information pertaining to a specific person. Determination of benefits based upon immunization of a dependent CalWORKs participant shall be made pursuant to Section 11265.8 of the Welfare and Institutions Code. The following information shall be subject to this subdivision: -(1) The name of the patient or client and names of the parents or guardians of the patient or client. -(2) Date of birth of the patient or client. -(3) Types and dates of immunizations received by the patient or client. -(4) Manufacturer and lot number for each immunization received. -(5) Adverse reaction to immunizations received. -(6) Other nonmedical information necessary to establish the patient’s or client’s unique identity and record. -(7) Results of tuberculosis screening. -(8) Current address and telephone number of the patient or client and the parents or guardians of the patient or client. -(9) Patient’s or client’s gender. -(10) Patient’s or client’s place of birth. -(11) Patient’s height, weight, and body mass index. -(12) -Other patient or client information of public health importance as determined by the State Department of Public Health in consultation with the California Conference of Local Health Officers. -(d) (1) Health care providers, local health departments, and the State Department of Public Health shall maintain the confidentiality of information listed in subdivision (c) in the same manner as other medical record information with patient identification that they possess. These providers, departments, and contracting agencies are subject to civil action and criminal penalties for the wrongful disclosure of the information listed in subdivision (c), in accordance with existing law. They shall use the information listed in subdivision (c) only for the following purposes: -(A) To provide immunization services to the patient or client, including issuing reminder notifications to patients or clients or their parents or guardians when immunizations are due. -(B) To provide or facilitate provision of third-party payer payments for immunizations. -(C) To compile and disseminate statistical information of immunization status on groups of patients or clients or populations in California, without identifying information for these patients or clients included in these groups or populations. -(D) In the case of health care providers only, as authorized by Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. -(2) Schools, child care facilities, family child care homes, WIC service providers, foster care agencies, county welfare departments, and health care plans shall maintain the confidentiality of information listed in subdivision (c) in the same manner as other client, patient, and pupil information that they possess. These institutions and providers are subject to civil action and criminal penalties for the wrongful disclosure of the information listed in subdivision (c), in accordance with existing law. They shall use the information listed in subdivision (c) only for those purposes provided in subparagraphs (A) to (D), inclusive, of paragraph (1) and as follows: -(A) In the case of schools, child care facilities, family child care homes, and county welfare departments, to carry out their responsibilities regarding required immunization for attendance or participation benefits, or both, as described in Chapter 1 (commencing with Section 120325), and in Section 11265.8 of the Welfare and Institutions Code. -(B) In the case of WIC service providers, to perform immunization status assessments of clients and to refer those clients found to be due or overdue for immunizations to health care providers. -(C) In the case of health care plans, to facilitate payments to health care providers, to assess the immunization status of their clients, and to tabulate statistical information on the immunization status of groups of patients, without including patient-identifying information in these tabulations. -(D) In the case of foster care agencies, to perform immunization status assessments of foster children and to assist those foster children found to be due or overdue for immunization in obtaining immunizations from health care providers. -(e) A patient or a patient’s parent or guardian may refuse to permit recordsharing. The health care provider administering immunization and any other agency possessing any patient or client information listed in subdivision (c), if planning to provide patient or client information to an immunization system, as described in subdivision (b), shall inform the patient or client, or the parent or guardian of the patient or client, of the following: -(1) The information listed in subdivision (c) may be shared with local health departments and the State Department of Public Health. The health care provider or other agency shall provide the name and address of the State Department of Public Health or of the immunization registry with which the provider or other agency will share the information. -(2) Any of the information shared with local health departments and the State Department of Public Health shall be treated as confidential medical information and shall be used only to share with each other, and, upon request, with health care providers, schools, child care facilities, family child care homes, WIC service providers, county welfare departments, foster care agencies, and health care plans. These providers, agencies, and institutions shall, in turn, treat the shared information as confidential, and shall use it only as described in subdivision (d). -(3) The patient or client, or parent or guardian of the patient or client, has the right to examine any immunization-related information or tuberculosis screening results shared in this manner and to correct any errors in it. -(4) The patient or client, or the parent or guardian of the patient or client, may refuse to allow this information to be shared in the manner described, or to receive immunization reminder notifications at any time, or both. After refusal, the patient’s or client’s physician may maintain access to this information for the purposes of patient care or protecting the public health. After refusal, the local health department and the State Department of Public Health may maintain access to this information for the purpose of protecting the public health pursuant to Sections 100325, 120140, and 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the California Code of Regulations. -(f) (1) The health care provider administering the immunization or tuberculosis screening and any other agency possessing any patient or client information listed in subdivision (c), may inform the patient or client, or the parent or guardian of the patient or client, by ordinary mail, of the information in paragraphs (1) to (4), inclusive, of subdivision (e). The mailing must include a reasonable means for refusal, such as a return form or contact telephone number. -(2) The information in paragraphs (1) to (4), inclusive, of subdivision (e) may also be presented to the parent or guardian of the patient or client during any hospitalization of the patient or client. -(g) If the patient or client, or parent or guardian of the patient or client, refuses to allow the information to be shared, pursuant to paragraph (4) of subdivision (e), the health care provider or other agency may not share this information in the manner described in subdivision (c), except as provided in subparagraph (D) of paragraph (1) of subdivision (d). -(h) (1) Upon request of the patient or client, or the parent or guardian of the patient or client, in writing or by other means acceptable to the recipient, a local health department or the State Department of Public Health that has received information about a person pursuant to subdivision (c) shall do all of the following: -(A) Provide the name and address of other persons or agencies with whom the recipient has shared the information. -(B) Stop sharing the information in its possession after the date of the receipt of the request. -(2) After refusal, the patient’s or client’s physician may maintain access to this information for the purposes of patient care or protecting the public health. After refusal, the local health department and the State Department of Public Health may maintain access to this information for the purpose of protecting the public health pursuant to Sections 100325, 120140, and 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the California Code of Regulations. -(i) Upon notification, in writing or by other means acceptable to the recipient, of an error in the information, a local health department or the State Department of Public Health that has information about a person pursuant to subdivision (c) shall correct the error. If the recipient is aware of a disagreement about whether an error exists, information to that effect may be included. -(j) (1) Any party authorized to make medical decisions for a patient or client, including, but not limited to, those authorized by Section 6922, 6926, or 6927 of, Part 1.5 (commencing with Section 6550), Chapter 2 (commencing with Section 6910) of Part 4, or Chapter 1 (commencing with Section 7000) of Part 6, of Division 11 of, the Family Code, Section 1530.6 of the Health and Safety Code, or Sections 727 and 1755.3 of, and Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of, the Welfare and Institutions Code, may permit sharing of the patient’s or client’s record with any of the immunization information systems authorized by this section. -(2) For a patient or client who is a dependent of a juvenile court, the court or a person or agency designated by the court may permit this recordsharing. -(3) For a patient or client receiving foster care, a person or persons licensed to provide residential foster care, or having legal custody, may permit this recordsharing. -(k) For purposes of supporting immunization information systems, the State Department of Public Health shall assist the Immunization Branch of the State Department of Public Health in both of the following: -(1) Providing department records containing information about publicly funded immunizations. -(2) Supporting efforts for the reporting of publicly funded immunizations into immunization information systems by health care providers and health care plans. -(l) Subject to any other provisions of state and federal law or regulation that limit the disclosure of health information and protect the privacy and confidentiality of personal information, local health departments and the State Department of Public Health may share the information listed in subdivision (c) with a state, local health departments, health care providers, immunization information systems, or any representative of an entity designated by federal or state law or regulation to receive this information. The State Department of Public Health may enter into written agreements to exchange confidential immunization information with other states for the purposes of patient care, protecting the public health, entrance into school, child care and other institutions requiring immunization prior to entry, and the other purposes described in subdivision (d). The written agreement shall provide that the state that receives confidential immunization information must maintain its confidentiality and may only use it for purposes of patient care, protecting the public health, entrance into school, child care and other institutions requiring immunization prior to entry, and the other purposes described in subdivision (d). Information may not be shared pursuant to this subdivision if a patient or client, or parent or guardian of a patient or client, refuses to allow the sharing of immunization information pursuant to subdivision (e).","Existing law regulates the sharing of a patient’s or client’s immunization information between a health care provider, a local health department, the State Department of Public Health, and other agencies. Existing law prescribes the process by which a patient or client, or parent or guardian of a patient or client, may refuse to allow the information to be shared and requires the health care provider administering the immunization to provide the patient with a designated notice. Existing law permits local health departments and the department to share the name of a patient or client, or parent or guardian of a patient or client, with a state, local health department, health care provider, immunization information system, or any representative of an entity designated by federal or state law to receive this information, and authorizes the department to enter into written agreements to share this information with other states for specified purposes, unless the patient or client, or parent or guardian of the patient or client, refuses to allow the information to be shared. Under existing law, the patient or client, or parent or guardian of the patient or client, has the right to examine shared immunization-related information and to correct errors in it. -Under existing law, unless the patient or client or patient’s or client’s parent or guardian, refuses the recordsharing of information, health care providers and other agencies, including, but not limited to, schools, child care facilities, service providers for the California Special Supplemental Food Program for Women, Infants, and Children (WIC), health care plans, foster care agencies, and county welfare departments, may disclose, to local health departments operating countywide or regional immunization information and reminder systems and the department, specified information, including, but not limited to, the name, date of birth, gender, and birthplace of a patient or client. -This bill would include the patient’s or client’s height, weight, and body mass index, and other patient or client information of public health importance as determined by the department, in consultation with the California Conference of Local Health Officers, in the list of information that may be shared.","An act to amend Section 120440 of the Health and Safety Code, relating to public health." -102,"The people of the State of California do enact as follows: - - -SECTION 1. -In consideration of the diminished numbers of full-time faculty in the community college system due to the state recession and the concomitant budget cuts in public education generally and community colleges specifically, it is the intent of the Legislature to improve and enhance the mission of the community colleges and the services and opportunities provided to students by increasing the number of full-time faculty in the California Community Colleges to better situate the community colleges to realize their mission goals and the goals and recommendations set forth by the Student Success Task Force report of 2012. -SEC. 2. -Section 84362.5 is added to the Education Code, to read: -84362.5. -(a) This section shall be known, and may be cited, as the Community College Excellence in Education Act. -(b) All districts shall report to the board of governors, by March 31, 2016, the total number of -classroom and nonclassroom -full-time equivalent faculty (FTEF) -positions staffed by faculty teaching overload assignments -attributable to hours worked by part-time temporary faculty, and by contract or regular faculty while working on overload assignments, -during the period -of -July 1, 2014, to June 30, 2015, inclusive. -(c) Effective July 1, 2016, each district’s calculation pursuant to subdivision (b) shall become that district’s maximum allowable number of -classroom and nonclassroom -FTEF -positions -that may be staffed by -faculty teaching overload assignments -part-time temporary faculty -and by contract or regular faculty while working on overload assignments -until the district’s full-time faculty percentage, as calculated pursuant to Section 53308 of Title 5 of the California Code of Regulations, is greater than or equal to 75 percent. -(d) Upon reaching the 75-percent threshold pursuant to subdivision (c), a district shall do either of the following: -(1) Maintain a full-time faculty percentage of 75 percent or greater. -(2) Not exceed its maximum allowable number of -classroom and nonclassroom -FTEF -positions -that may be staffed by -faculty teaching overload assignments, as -part-time temporary faculty and by contract or regular faculty while working on overload assignments, which shall be the number -calculated pursuant to subdivision (b). -(e) (1) The board of governors shall determine whether a district failed to comply with subdivision (b), (c), or (d) during the preceding fiscal year, and, if so, shall, in apportionments made to the district from the State School Fund after April 15 of the current fiscal year, designate an amount of the district’s apportionment or apportionments that is equal to the difference between the current fiscal year apportionment or apportionments and the lesser of the district’s apportionment for the 2014–15 fiscal year or for the preceding fiscal year. -(2) The amount designated pursuant to paragraph (1) shall be deposited in the county treasury to the credit of the district, but shall be unavailable for expenditure by the district pending the determination to be made by the board of governors pursuant to subdivision (g). -(f) (1) If it appears to the governing board of a district that the application of this section will result in a serious hardship to the district, the governing board of the district may apply in writing to the board of governors for exemption from the requirements of this section by no later than September 15 of the fiscal year immediately succeeding the serious hardship. -(2) Immediately upon applying for an exemption described in paragraph (1), the governing board of the district shall provide the exclusive representative of the district’s academic employees or, if none exists, the district or community college academic senate, and all academic employee organizations eligible for a payroll dues deduction, with a copy of the application. Those persons may, within 30 days of receipt of the application, transmit to the board of governors a written statement opposing the application, setting forth reasons for its opposition. -(g) Upon receipt of the application and statement of opposition, if any, described in subdivision (f), the board of governors shall do either of the following: -(1) Grant the district an exemption for any amount that is less than one thousand dollars ($1,000), which shall be immediately available for expenditure by the governing board. -(2) Grant an exemption of one thousand dollars ($1,000) or more if a majority of the members of the board of governors finds, in writing, that the district will in fact suffer serious hardship unless the district is granted an exemption. If the exemption is granted, the exempted amount shall be immediately available for expenditure by the governing board of the district. -(h) If no application for exemption is made pursuant to subdivision (f), or a portion of the exemption is denied, the board of governors shall order the entire designated amount, or the amount not exempted, as applicable, to be returned to the State School Fund. -(i) The board of governors shall enforce the requirements prescribed by this section, and may adopt necessary rules and regulations, which may require, among other things, district governing boards to submit reports and information throughout the academic year. -(j) A district shall not assign a person hired as a contract faculty member after July 1, 2016, to teach any overload assignment in excess of the equivalent of a full-time teaching load until the person has achieved tenured status as a -full-time -regular -faculty member. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts, administered by governing boards, throughout the state, and authorizes these districts to provide instruction to students at the community college campuses maintained by the districts. Existing law authorizes the employment of community college faculty and establishes certain rights for these employees. -This bill would require community college districts to report to the board of governors, by March 31, 2016, the total number of full-time equivalent faculty (FTEF) -positions staffed by faculty teaching overload assignments -attributable to part-time temporary faculty and to contract or regular faculty while working on overload assignments -during the period -of -July 1, 2014, to June 30, 2015, inclusive. Effective July 1, 2016, the bill would require that reported number to become that district’s maximum allowable number of FTEF -positions -that may be staffed by -faculty teaching overload assignments -part-time temporary faculty and by contract or regular faculty while working on overload assignments -until the district’s full-time faculty percentage is greater than or equal to 75%. Upon reaching the 75% threshold, the bill would require a district to maintain a full-time faculty percentage of 75% or higher, or not exceed the district’s previously calculated maximum allowable number of FTEF -positions -that may be staffed by -faculty teaching overload assignments. -part-time temporary faculty and by contract or regular faculty while working on overload assignments. -The bill would require the governing board to determine if a district has failed to comply with the above requirements, and, if so, to designate a specified amount of the district’s apportionment or apportionments that would be required to be deposited in the county treasury, but unavailable to the district. The bill would authorize a district to submit an application for an exemption from the requirements of the bill in cases of serious hardship, as specified. Upon receipt of the exemption application, the bill would require the governing board to grant exemptions, as specified. The bill would require the amount exempted to be immediately available for expenditure by the governing board and the amount not exempted to be returned to the State School Fund. The bill would require the board of governors to enforce the requirements of the bill and would authorize them to adopt necessary rules and regulations. -This bill would prohibit a district from assigning a person hired as a contract faculty member after July 1, 2016, to teach any overload assignment in excess of the equivalent of a full-time teaching load until the person achieves tenured status as a -full-time -regular -faculty member. -By placing additional requirements on community college districts, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 84362.5 to the Education Code, relating to community college faculty." -103,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 20209.14 of the Public Contract Code is amended to read: -20209.14. -(a) This article shall remain in effect only until January 1, 2017, and as of that date is repealed. -(b) This article shall only apply to transit operators that begin a project solicitation before January 1, 2015. A transit operator that begins a project solicitation on or after January 1, 2015, is subject to Chapter 4 (commencing with Section 22160). -SEC. 2. -Section 22161 of the Public Contract Code is amended to read: -22161. -For purposes of this chapter, the following definitions apply: -(a) “Best value” means a value determined by evaluation of objective criteria that may include, but not be limited to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the local agency and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring agency, or a tradeoff between price and other specified factors. -(b) “Construction subcontract” means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team. -(c) “Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity. -(d) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract. -(e) “Design-build team” means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors. -(f) “Local agency” means the following: -(1) A city, county, or city and county. -(2) A special district that operates wastewater facilities, solid waste management facilities, water recycling facilities, or fire protection facilities. -(3) Any transit district, included transit district, municipal operator, included municipal operator, any consolidated agency, as described in Section 132353.1 of the Public Utilities Code, any joint powers authority formed to provide transit service, any county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or any other local or regional agency, responsible for the construction of transit projects. -(4) The San Diego Association of Governments, as referenced in the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7 of the Public Utilities Code). -(g) (1) For a local agency defined in paragraph (1) of subdivision (f), “project” means the construction of a building or buildings and improvements directly related to the construction of a building or buildings, county sanitation wastewater treatment facilities, and park and recreational facilities, but does not include the construction of other infrastructure, including, but not limited to, streets and highways, public rail transit, or water resources facilities and infrastructure. For a local agency defined in paragraph (1) of subdivision (f) that operates wastewater facilities, solid waste management facilities, or water recycling facilities, “project” also means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, or regional and local water recycling facilities. -(2) For a local agency defined in paragraph (2) of subdivision (f), “project” means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, regional and local water recycling facilities, or fire protection facilities. -(3) For a local agency defined in paragraph (3) of subdivision (f), “project” means a transit capital project that begins a project solicitation on or after January 1, 2015. A “project,” as defined by this paragraph, that begins the solicitation process before January 1, 2015, is subject to Article 6.8 (commencing with Section 20209.5) of Chapter 1. “Project,” as defined by this paragraph, does not include state highway construction or local street and road projects. -(4) For a local agency defined in paragraph (4) of subdivision (f), “project” has the same meaning as in paragraph (3), and in addition shall include development projects adjacent, or physically or functionally related, to transit facilities developed or jointly developed by the local agency. -SEC. 3. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the San Diego Association of Governments’ unique responsibilities as the consolidated transportation agency with capital project implementation responsibilities, which include design and construction of transit infrastructure, and to bring the San Diego Association of Governments into alignment with existing authority held by other agencies with transit development responsibilities. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes local agencies to use the design-build method of project delivery for specified projects, except for projects on the state highway system. Existing law defines “local agency” for purposes of these provisions as cities and counties, certain special districts relating to wastewater, solid waste, water recycling, and fire protection facilities, joint powers authorities formed to provide transit service, and specified types of local public entities responsible for the construction of transit projects. These provisions further define “project” specifically for each category of local agency. Existing law requires specified information submitted by a design-build entity, as defined, in the design-build procurement process to be certified under penalty of perjury. -This bill would specify that the definition of a local agency authorized to use the design-build method of project delivery includes the San Diego Association of Governments. The bill would define projects, as it pertains to the San Diego Association of Governments, to include development projects adjacent, or physically or functionally related, to transit facilities developed by the association. By expanding the design-build authorization of the San Diego Association of Governments to additional development projects, the bill would expand the scope of crime of perjury and would impose a state-mandated local program. -This bill also makes a technical correction to a cross-reference. -This bill would make legislative findings and declarations as to the necessity of a special statute for the San Diego Association of Governments. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 20209.14 and 22161 of the Public Contract Code, relating to local public contracts." -104,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12206.1 is added to the Revenue and Taxation Code, to read: -12206.1. -(a) (1) For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a) of Section 12206, on or after January 1, 2016, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share. -(2) This subdivision shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits. -(b) (1) For a project that receives a preliminary reservation under Section 12206 beginning on or after January 1, 2016, and before January 1, 2026, a taxpayer may make an irrevocable election in its application to the California Tax Credit Allocation Committee to sell all or any portion of any credit allowed under Section 12206 to one or more unrelated parties for each taxable year in which the credit is allowed subject to both of the following conditions: -(A) The credit is sold for consideration that is not less than 80 percent of the amount of the credit. -(B) The unrelated party or parties purchasing any or all of the credit pursuant to this subdivision is a taxpayer allowed the credit under Section 12206 for the taxable year of the purchase or any prior taxable year or is a taxpayer allowed the federal credit under Section 42 of the Internal Revenue Code, relating to low-income housing credit, for the taxable year of the purchase or any prior taxable year in connection with any project located in this state. For purposes of this subparagraph, “taxpayer allowed the credit under Section 12206” means a taxpayer that is allowed the credit under Section 12206 without regard to the purchase of a credit pursuant to this subdivision. -(2) (A) The taxpayer that originally received the credit shall report to the California Tax Credit Allocation Committee within 10 days of the sale of the credit, in the form and manner specified by the California Tax Credit Allocation Committee, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the taxpayer for the sale of the credit. -(B) The California Tax Credit Allocation Committee shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Tax Credit Allocation Committee and the Franchise Tax Board, of the taxpayers that have sold or purchased a credit pursuant to this subdivision. -(3) (A) A credit may be sold pursuant to this subdivision to more than one unrelated party. -(B) (i) Except as provided in clause (ii), a credit shall not be resold by the unrelated party to another taxpayer or other party. -(ii) All or any portion of any credit allowed under Section 12206 may be resold once by an original purchaser to one or more unrelated parties, subject to all of the requirements of this subdivision. -(4) Notwithstanding any other law, the taxpayer that originally received the credit that is sold pursuant to paragraph (1) shall remain solely liable for all obligations and liabilities imposed on the taxpayer by Section 12206 with respect to the credit, none of which shall apply to any party to whom the credit has been sold or subsequently transferred. Parties who purchase credits pursuant to paragraph (1) shall be entitled to utilize the purchased credits in the same manner in which the taxpayer that originally received the credit could utilize them. -(5) A taxpayer shall not sell a credit allowed by Section 12206 if the taxpayer was allowed the credit on any tax return of the taxpayer. -(6) Notwithstanding paragraph (1), the taxpayer, with the approval of the Executive Director of the California Tax Credit Allocation Committee, may rescind the election to sell all or any portion of the credit allowed under Section 12206 if the consideration for the credit falls below 80 percent of the amount of the credit after the California Tax Credit Allocation Committee reservation. -(c) The California Tax Credit Allocation Committee may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the California Tax Credit Allocation Committee pursuant to this section. -SEC. 2. -Section 17058.1 is added to the Revenue and Taxation Code, to read: -17058.1. -(a) (1) For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a) of Section 17058, on or after January 1, 2016, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share. -(2) To the extent the allocation of the credit to a partner under Section 17058 lacks substantial economic effect, any loss or deduction otherwise allowable under this part that is attributable to the sale or other disposition of that partner’s partnership interest made prior to the expiration of the federal credit shall not be allowed in the taxable year in which the sale or other disposition occurs, but shall instead be deferred until and treated as if it occurred in the first taxable year immediately following the taxable year in which the federal credit period expires for the project described in paragraph (1). -(3) This subdivision shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits. -(b) (1) For a project that receives a preliminary reservation under Section 17058 beginning on or after January 1, 2016, and before January 1, 2026, a taxpayer may make an irrevocable election in its application to the California Tax Credit Allocation Committee to sell all or any portion of any credit allowed under Section 17058 to one or more unrelated parties for each taxable year in which the credit is allowed subject to both of the following conditions: -(A) The credit is sold for consideration that is not less than 80 percent of the amount of the credit. -(B) The unrelated party or parties purchasing any or all of the credit pursuant to this subdivision is a taxpayer allowed the credit under Section 17058 for the taxable year of the purchase or any prior taxable year or is a taxpayer allowed the federal credit under Section 42 of the Internal Revenue Code, relating to low-income housing credit, for the taxable year of the purchase or any prior taxable year in connection with any project located in this state. For purposes of this subparagraph, “taxpayer allowed the credit under Section 17058” means a taxpayer that is allowed the credit under Section 17058 without regard to the purchase of a credit pursuant to this subdivision. -(2) (A) The taxpayer that originally received the credit shall report to the California Tax Credit Allocation Committee within 10 days of the sale of the credit, in the form and manner specified by the California Tax Credit Allocation Committee, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the taxpayer for the sale of the credit. -(B) The California Tax Credit Allocation Committee shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Tax Credit Allocation Committee and the Franchise Tax Board, of the taxpayers that have sold or purchased a credit pursuant to this subdivision. -(3) (A) A credit may be sold pursuant to this subdivision to more than one unrelated party. -(B) (i) Except as provided in clause (ii), a credit shall not be resold by the unrelated party to another taxpayer or other party. -(ii) All or any portion of any credit allowed under Section 17058 may be resold once by an original purchaser to one or more unrelated parties, subject to all of the requirements of this subdivision. -(4) Notwithstanding any other law, the taxpayer that originally received the credit that is sold pursuant to paragraph (1) shall remain solely liable for all obligations and liabilities imposed on the taxpayer by Section 17058 with respect to the credit, none of which shall apply to any party to whom the credit has been sold or subsequently transferred. Parties who purchase credits pursuant to paragraph (1) shall be entitled to utilize the purchased credits in the same manner in which the taxpayer that originally received the credit could utilize them. -(5) A taxpayer shall not sell a credit allowed by Section 17058 if the taxpayer was allowed the credit on any tax return of the taxpayer. -(6) Notwithstanding paragraph (1), the taxpayer, with the approval of the Executive Director of the California Tax Credit Allocation Committee, may rescind the election to sell all or any portion of the credit allowed under Section 17058 if the consideration for the credit falls below 80 percent of the amount of the credit after the California Tax Credit Allocation Committee reservation. -(c) The California Tax Credit Allocation Committee may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the California Tax Credit Allocation Committee pursuant to this section. -SEC. 3. -Section 23610.7 is added to the Revenue and Taxation Code, to read: -23610.7. -(a) (1) For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a) of Section 23610.5, on or after January 1, 2016, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share. -(2) To the extent the allocation of the credit to a partner under Section 23610.5 lacks substantial economic effect, any loss or deduction otherwise allowable under this part that is attributable to the sale or other disposition of that partner’s partnership interest made prior to the expiration of the federal credit shall not be allowed in the taxable year in which the sale or other disposition occurs, but shall instead be deferred until and treated as if it occurred in the first taxable year immediately following the taxable year in which the federal credit period expires for the project described in paragraph (1). -(3) This subdivision shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits. -(b) (1) For a project that receives a preliminary reservation under Section 23610.5 beginning on or after January 1, 2016, and before January 1, 2026, a taxpayer may make an irrevocable election in its application to the California Tax Credit Allocation Committee to sell all or any portion of any credit allowed under Section 23610.5 to one or more unrelated parties for each taxable year in which the credit is allowed subject to both of the following conditions: -(A) The credit is sold for consideration that is not less than 80 percent of the amount of the credit. -(B) (i) The unrelated party or parties purchasing any or all of the credit pursuant to this subdivision is a taxpayer allowed the credit under Section 23610.5 for the taxable year of the purchase or any prior taxable year or is a taxpayer allowed the federal credit under Section 42 of the Internal Revenue Code, relating to low-income housing credit, for the taxable year of the purchase or any prior taxable year in connection with any project located in this state. -(ii) For purposes of this subparagraph, “taxpayer allowed the credit under Section 23610.5” means a taxpayer that is allowed the credit under Section 23610.5 without regard to any of the following: -(I) The purchase of a credit under Section 23610.5 pursuant to this subdivision. -(II) The assignment of a credit under Section 23610.5 pursuant to subdivision (q) of Section 23610.5. -(III) The assignment of a credit under Section 23610.5 pursuant to Section 23363. -(2) (A) The taxpayer that originally received the credit shall report to the California Tax Credit Allocation Committee within 10 days of the sale of the credit, in the form and manner specified by the California Tax Credit Allocation Committee, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the taxpayer for the sale of the credit. -(B) The California Tax Credit Allocation Committee shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Tax Credit Allocation Committee and the Franchise Tax Board, of the taxpayers that have sold or purchased a credit pursuant to this subdivision. -(3) (A) A credit may be sold pursuant to this subdivision to more than one unrelated party. -(B) (i) Except as provided in clause (ii), a credit shall not be resold by the unrelated party to another taxpayer or other party. -(ii) All or any portion of any credit allowed under Section 23610.5 may be resold once by an original purchaser to one or more unrelated parties, subject to all of the requirements of this subdivision. -(4) Notwithstanding any other law, the taxpayer that originally received the credit that is sold pursuant to paragraph (1) shall remain solely liable for all obligations and liabilities imposed on the taxpayer by Section 23610.5 with respect to the credit, none of which shall apply to any party to whom the credit has been sold or subsequently transferred. Parties who purchase credits pursuant to paragraph (1) shall be entitled to utilize the purchased credits in the same manner in which the taxpayer that originally received the credit could utilize them. -(5) A taxpayer shall not sell a credit allowed by Section 23610.5 if the taxpayer was allowed the credit on any tax return of the taxpayer. -(6) Notwithstanding paragraph (1), the taxpayer, with the approval of the Executive Director of the California Tax Credit Allocation Committee, may rescind the election to sell all or any portion of the credit allowed under Section 23610.5 if the consideration for the credit falls below 80 percent of the amount of the credit after the California Tax Credit Allocation Committee reservation. -(c) The California Tax Credit Allocation Committee may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the California Tax Credit Allocation Committee pursuant to this section. -SEC. 4. -(a) The California Tax Credit Allocation Committee shall enter into an agreement with the Franchise Tax Board to pay any costs incurred by the Franchise Tax Board in the administration of Sections 12206.1, 17058.1, and 23610.7 of the Revenue and Taxation Code as added by this act. -(b) (1) The California Tax Credit Allocation Committee shall report to the Legislature as follows: -(A) On or before January 1, 2021, for calendar years 2016 to 2019, inclusive, the total amounts of credits allowed to, and sold by, taxpayers pursuant to Sections 12206.1, 17058.1, and 23610.7 of the Revenue and Taxation Code, including a separate accounting of credits sold to original purchasers by the original investors and credits resold by the original purchasers to secondary purchasers. -(B) On or before January 1, 2025, for calendar years 2016 to 2023, inclusive, the total of credits allowed to, and sold by, taxpayers pursuant to Sections 12206.1, 17058.1, and 23610.7 of the Revenue and Taxation Code, including a separate accounting of credits sold to original purchasers by the original investors and credits resold by the original purchasers to secondary purchasers. -(2) The reports submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. -SEC. 5. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","Existing law establishes a low-income housing tax credit program pursuant to which the California Tax Credit Allocation Committee provides procedures and requirements for the allocation of state insurance, income, and corporation tax credit amounts among low-income housing projects based on federal law. -This bill, beginning on or after January 1, 2016, and before January 1, 2026, would allow a taxpayer that is allowed a low-income housing tax credit to elect to sell all or a portion of that credit to one or more unrelated parties, as described, for each taxable year in which the credit is allowed for not less than 80% of the amount of the credit to be sold, and would provide for the one-time resale of that credit, as provided. The bill would require the California Tax Credit Allocation Committee to enter into an agreement with the Franchise Tax Board to pay any costs incurred by the Franchise Tax Board in administering these provisions. The bill would require the California Tax Credit Allocation Committee to report to the Legislature on the total amounts of credits allowed to, and sold by, taxpayers pursuant to these provisions, as specified. -Existing law, in the case of a partnership, requires the allocation of the credits, on or after January 1, 2009, and before January 1, 2016, to partners based upon the partnership agreement, regardless of how the federal low-income housing tax credit, as provided, is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, as specified. -This bill would extend these provisions indefinitely. -This bill would take effect immediately as a tax levy.","An act to add Sections 12206.1, 17058.1, and 23610.7 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -105,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3217 is added to the Public Resources Code, to read: -3217. -(a) (1) The supervisor shall continue the prohibition against Southern California Gas Company injecting any natural gas into the Aliso Canyon natural gas storage facility located in the County of Los Angeles until a comprehensive review of the safety of the gas storage wells at the facility is completed and the supervisor determines that well integrity has been ensured by the review, the risks of failures identified in the review have been addressed, and the supervisor’s duty to prevent damage to life, health, property, and natural resources, and other requirements, as specified in Section 3106, is satisfied. The supervisor may not lift the prohibition on injection until the Executive Director of the Public Utilities Commission has concurred via letter with the supervisor regarding his or her determination of safety. -(2) For purposes of this section, “facility” means the Aliso Canyon natural gas storage facility located in the County of Los Angeles operated by Southern California Gas Company. -(b) (1) The criteria for the gas storage well comprehensive safety review shall be determined by the supervisor with input from contracted independent experts and shall include the steps in subdivision (c). -(2) The supervisor shall direct the contracted independent experts to provide a methodology to be used in assessing the tests and inspections specified in the criteria. This requirement may be satisfied by the independent experts reviewing and, if necessary, revising the division’s written methodology for assessing the tests and inspections specified in the criteria. The methodology shall include all tests and inspections required by the criteria. The division shall post the methodology online on a public portion of its Internet Web site. -(c) The gas storage well comprehensive safety review shall include the following steps to ensure external and internal well mechanical integrity: -(1) All gas storage wells shall be tested and inspected from the surface to the packer or to any wellbore restriction near the top of the geologic formation being used for gas storage, whichever is higher in elevation, to detect existing leaks using temperature and noise logs. -(2) Any leaks shall be stopped and remediated to the satisfaction of the supervisor. -(3) Following remediation, leak detection tests shall be repeated and results reviewed by the supervisor. -(4) (A) Unless a well has been fully plugged and abandoned to the supervisor’s satisfaction and in accordance with Section 3208, the well shall be evaluated and remediated in accordance with subparagraph (B) or plugged in accordance with subparagraph (C). -(B) If a gas storage well is intended to return to service for the purposes of resuming injections to the facility, it shall be tested and inspected from the surface to the packer or to any wellbore restriction near the top of the geologic formation being used for gas storage, whichever is higher in elevation, to ensure mechanical integrity. As identified in the division’s criteria, these tests and inspections shall include the measurement of casing thickness and integrity, an evaluation of the cement bond on the casing, the determination as to whether any deformities in the well casing exist, and an evaluation of the well’s ability to withstand pressures that exceed maximum allowable injection and production pressures, with a reasonable margin for safety, at the facility in accordance with the criteria determined by the supervisor with input from independent experts pursuant to subdivision (b). If the tests reveal that a well poses a risk of failure, the supervisor shall require remediation and repeat tests as necessary to demonstrate to the satisfaction of the supervisor that remediation has mitigated any potential identified risks. If the operator cannot remediate the well to mitigate the identified risks to the satisfaction of the supervisor, the well shall be plugged and abandoned in accordance with Section 3208. -(C) (i) If a well is to be taken out of service before resumption of gas injections at the facility, it shall be removed from operation and isolated from the gas storage reservoir through plugging according to the division’s criteria, including, but not limited to, the demonstration of sufficient cement to prevent migrations between the reservoir and other zones, placement of a mechanical plug at the bottom of the well, and subsequent filling of the well with fluid, and to specifications approved by the supervisor. All gas storage wells that are taken out of service under this subparagraph shall be subjected to ongoing testing and monitoring requirements identified in the criteria determined by the supervisor with input from independent experts. The monitoring shall include, but not be limited to, real-time and daily pressure monitoring, as applicable. A gas storage well shall not be returned to service unless the testing and remediation required under subparagraph (B) has been completed. -(ii) A gas storage well, within one year of being plugged and isolated from the gas storage reservoir pursuant to clause (i), shall either be returned to service by satisfactorily completing the testing and remediation required under subparagraph (B) or be permanently plugged and abandoned to the supervisor’s satisfaction in accordance with Section 3208. -(D) The supervisor shall make a written finding for each gas storage well that has satisfactorily completed the testing and remediation required under subparagraph (B). -(5) The gas storage well comprehensive safety review is not complete until every gas storage well at the facility has completed the testing and remediation required under subparagraph (B) of paragraph (4), been temporarily abandoned and isolated from the reservoir as required under clause (i) of subparagraph (C) of paragraph (4), or been fully plugged and abandoned to the supervisor’s satisfaction in accordance with Section 3208. -(d) Upon completion of the gas storage well comprehensive safety review but before authorizing the commencement of injections at the facility, the division shall hold at least one duly noticed public meeting in the affected community to provide the public an opportunity to comment on the safety review findings and on the proposed pressure limit as provided in subdivision (e). -(e) (1) Before commencing injections at the facility, the operator of the facility shall provide the division with the proposed maximum reservoir pressure and include data and calculations supporting the basis for the pressure limit. The pressure limit shall account for the pressure required to inject intended gas volumes at all proposed inventory levels and the pressure limit shall not exceed the design pressure limits of the reservoir, wells, wellheads, piping, or associated facilities with an appropriate margin for safety. -(2) The operator’s proposed maximum reservoir pressure shall be subject to review and approval by the supervisor, and the supervisor shall consult with independent experts regarding the appropriate maximum and minimum reservoir pressure at the facility. -(f) Once the gas storage well comprehensive safety review is complete pursuant to paragraph (5) of subdivision (c), the supervisor has approved the maximum and minimum reservoir pressure pursuant to paragraph (2) of subdivision (e), and the public hearing is held pursuant to subdivision (d), the supervisor may allow injections of natural gas at the facility. -(g) All gas storage wells returning to service pursuant to subdivision (f) shall only inject or produce gas through the interior metal tubing and not through the annulus between the tubing and the well casing. The operator shall also conduct ongoing pressure monitoring and comply with any other requirements specified by the supervisor. -(h) The gas storage wells at the facility that are plugged and abandoned in accordance with Section 3208 pursuant to this section shall be periodically inspected by the operator for leaks using effective gas leak detection techniques such as optical gas imaging. -(i) (1) Before the completion of the gas storage well comprehensive safety review, production of natural gas from gas storage wells at the facility shall be limited to gas storage wells that have satisfactorily completed the testing and remediation required under subparagraph (B) of paragraph (4) of subdivision (c) unless insufficient production capacity is available. Only if production capacity supplied by the tested and remediated wells is demonstrably insufficient may the supervisor allow other gas storage wells to be used. -(2) The supervisor shall direct the operator of the facility to provide a plan to ensure, at the earliest possible time, the availability of sufficient gas production capacity using gas storage wells that have satisfactorily completed the testing and remediation required under subparagraph (B) of paragraph (4) of subdivision (c). -(j) With respect to the gas storage well comprehensive safety review at the facility, all testing, inspection and monitoring results reported to the division, gas storage well compliance status, any required remediation steps, and other safety review-related materials shall be posted in a timely manner by the division online on a public portion of its Internet Web site. -(k) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 2. -Section 714 is added to the Public Utilities Code, to read: -714. -(a) The commission, no later than July 1, 2017, shall open a proceeding to determine the feasibility of minimizing or eliminating use of the Aliso Canyon natural gas storage facility located in the County of Los Angeles while still maintaining energy and electric reliability for the region. This determination shall be consistent with the Clean Energy and Pollution Reduction Act of 2015 (Ch. 547, Stats. 2015) and Executive Order B-30-2015. The commission shall consult with the State Energy Resources Conservation and Development Commission, the Independent System Operator, the local publicly owned utilities that rely on natural gas for electricity generation, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation, affected balancing authorities, and other relevant government entities, in making its determination. -(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 3. -Section 715 is added to the Public Utilities Code, to read: -715. -(a) The commission shall direct the operator of the Aliso Canyon natural gas storage facility located in the County of Los Angeles to provide all information the commission deems necessary for the commission to determine, in consultation with the State Energy Resources Conservation and Development Commission, the Independent System Operator, and affected publicly owned utilities, the range of working gas necessary to ensure safety and reliability for the region and just and reasonable rates in California. The determination shall be based on best available data, and shall incorporate data from recent and ongoing studies being conducted to determine energy and gas use in the region by the commission, the State Energy Resources Conservation and Development Commission, the Independent System Operator, and affected publicly owned utilities. -(b) Within 30 days of the effective date of the act adding this section, the commission shall publish a report that includes, but is not limited to, all of the following: -(1) The range of working gas necessary at the facility to ensure safety and reliability and just and reasonable rates in California determined pursuant to subdivision (a). -(2) The amount of natural gas production at the facility needed to meet safety and reliability requirements. -(3) The number of wells and associated injection and production capacity required. -(4) The availability of sufficient natural gas production using gas storage wells that have satisfactorily completed testing and remediation required under subparagraph (B) of paragraph (4) of subdivision (c) of Section 3217 of the Public Resources Code. -(c) The commission shall make the report required under subdivision (b) available on its Internet Web site and seek, either through written comments or a workshop, public comments on the report. -(d) The executive director of the commission, in consultation with the State Oil and Gas Supervisor, shall direct the operator to maintain the specified range of working gas, determined pursuant to subdivision (a), at the facility to ensure reliability and just and reasonable rates in California, after all of the following occur: -(1) The gas storage well comprehensive safety review is complete pursuant to paragraph (5) of subdivision (c) of Section 3217 of the Public Resources Code. -(2) The State Oil and Gas Supervisor has approved the maximum and minimum reservoir pressure pursuant to subdivision (e) of Section 3217 of the Public Resources Code. -(3) The State Oil and Gas Supervisor has allowed injections of natural gas at the facility, pursuant to subdivision (f) of Section 3217 of the Public Resources Code. -(4) The commission has allowed, and received, public comment on the report pursuant to subdivision (c). -(e) In no case may the volume of working gas set by the executive director of the commission result in reservoir pressures that fall out of the range established pursuant to subdivision (e) of Section 3217 of the Public Resources Code. -(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 5. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to mitigate, at the earliest possible time, ongoing harm from the gas leak at the Aliso Canyon natural gas storage facility, and to evaluate the integrity of and the risks associated with gas storage wells at that facility, it is necessary that this act take effect immediately.","(1) Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law requires the State Oil and Gas Supervisor to supervise the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities related to oil and gas production within an oil and gas field, so as to prevent damage to life, health, property, and natural resources, as provided; to permit owners and operators of wells to utilize all known methods and practices to increase the ultimate recovery of hydrocarbons; and to perform the supervisor’s duties in a manner that encourages the wise development of oil and gas resources to best meet oil and gas needs in this state. Under existing law, a person who fails to comply with certain requirements relating to the regulation of oil or gas operations is guilty of a misdemeanor. -This bill would require the supervisor to continue the prohibition against Southern California Gas Company injecting any natural gas into the Aliso Canyon natural gas storage facility located in the County of Los Angeles until a comprehensive review of the safety of the gas storage wells at the facility is completed, as specified, the supervisor determines that well integrity has been ensured by the review, the risks of failures identified in the review have been addressed, the supervisor’s duty to prevent damage to life, health, property, and natural resources, and other requirements is satisfied, and the Executive Director of the Public Utilities Commission has concurred via letter with the supervisor regarding his or her determination of safety. The bill would require the supervisor to determine criteria for the gas storage well comprehensive safety review with input from independent experts and would require the criteria to include, but not be limited to, specified tests and inspections. The bill would require the supervisor to direct the contracted independent experts to provide a methodology to be used in assessing the tests and inspections specified in the criteria. The bill would require the division to post the methodology on a public portion of its Internet Web site. The bill would require the operator of the facility to provide the division with the proposed maximum reservoir pressure and to include data and calculations supporting the basis for the pressure limit. The bill would authorize the supervisor to allow injections of natural gas into the facility once the gas storage well comprehensive safety review is complete, the division holds a duly noticed public hearing in the affected community to provide the public an opportunity to comment on the safety review findings and the proposed pressure limit, and the supervisor has approved the maximum and minimum reservoir pressure at the facility. The bill would also require that, before the completion of the gas storage well comprehensive safety review, the production of natural gas from gas storage wells at the facility be limited to gas storage wells that have satisfactorily completed the testing and remediation required under the review, except as specified. The bill would require the supervisor to direct the operator of the facility to provide a plan to ensure, at the earliest possible time, the availability of sufficient gas production capacity using gas storage wells that have satisfactorily completed the testing and remediation required under the review. The bill would require all gas storage wells returning to service under these provisions to inject or produce gas only through the interior metal tubing, and would require the operator to conduct ongoing pressure monitoring and comply with any other requirements specified by the supervisor. The bill would require the gas storage wells at the facility that are plugged and abandoned pursuant to these provisions to be periodically inspected by the operator for leaks using effective gas leak detection techniques. The bill would require the division, with respect to the review and in a timely manner, to post all testing, inspection and monitoring results, and other safety review-related materials to a public portion of the division’s Internet Web site. Because a violation of certain of these requirements would be a crime, the bill would impose a state-mandated local program. The bill would repeal these provisions on January 1, 2021. -(2) Under existing law, the Public Utilities Commission is authorized to supervise and regulate every public utility in the state. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. -This bill would require the commission, no later than July 1, 2017, to open a proceeding to determine the feasibility of minimizing or eliminating use of the Aliso Canyon natural gas storage facility located in the County of Los Angeles while still maintaining energy and electric reliability for the region, and to consult with specified entities in making its determination. The bill would require the commission, in consultation with specified entities, to determine the range of working gas necessary to ensure safety and reliability for the region and just and reasonable rates in California, and to direct the operator of the facility to provide all information the commission deems necessary to make that determination. The bill would require the commission, within 30 days of the effective date of this act, to publish a report, including specified information regarquired by this act for a specified reason. -(4) This bill would declare that it is to take effect immediately as an urgency statute.","An act to add and repeal Section 3217 of the Public Resources Code, and to add and repeal Sections 714 and 715 of the Public Utilities Code, relating to natural gas, and declaring the urgency thereof, to take effect immediately." -106,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 430.41 is added to the Code of Civil Procedure, to read: -430.41. -(a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading. -(1) As part of the meet and confer process, the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. The party who filed the complaint, cross-complaint, or answer shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint, cross-complaint, or answer could be amended to cure any legal insufficiency. -(2) The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. The 30-day extension shall commence from the date the responsive pleading was previously due, and the demurring party shall not be subject to default during the period of the extension. Any further extensions shall be obtained by court order upon a showing of good cause. -(3) The demurring party shall file and serve with the demurrer a declaration stating either of the following: -(A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. -(B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith. -(4) Any determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer. -(b) A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross-complaint, or answer. -(c) If a court sustains a demurrer to one or more causes of action and grants leave to amend, the court may order a conference of the parties before an amended complaint or cross-complaint or a demurrer to an amended complaint or cross-complaint, may be filed. If a conference is held, the court shall not preclude a party from filing a demurrer and the time to file a demurrer shall not begin until after the conference has concluded. Nothing in this section prohibits the court from ordering a conference on its own motion at any time or prevents a party from requesting that the court order a conference to be held. -(d) This section does not apply to the following civil actions: -(1) An action in which a party not represented by counsel is incarcerated in a local, state, or federal correctional institution. -(2) A proceeding in forcible entry, forcible detainer, or unlawful detainer. -(e) (1) In response to a demurrer and prior to the case being at issue, a complaint or cross-complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action. The three-amendment limit shall not include an amendment made without leave of the court pursuant to Section 472, provided the amendment is made before a demurrer to the original complaint or cross-complaint is filed. -(2) Nothing in this section affects the rights of a party to amend its pleading or respond to an amended pleading after the case is at issue. -(f) Nothing in this section affects appellate review or the rights of a party pursuant to Section 430.80. -(g) If a demurrer is overruled as to a cause of action and that cause of action is not further amended, the demurring party preserves its right to appeal after final judgment without filing a further demurrer. -(h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 2. -Section 472 of the Code of Civil Procedure is amended to read: -472. -(a) A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before the demurrer is heard if the amended complaint, cross-complaint, or answer is filed and served no later than the date for filing an opposition to the demurrer. A party may amend the complaint, cross-complaint, or answer after the date for filing an opposition to the demurrer, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading. -(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 3. -Section 472 is added to the Code of Civil Procedure, to read: -472. -(a) Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, and the time in which the adverse party must respond thereto shall be computed from the date of notice of the amendment. -(b) This section shall become operative on January 1, 2021. -SEC. 4. -Section 472a of the Code of Civil Procedure is amended to read: -472a. -(a) A demurrer is not waived by an answer filed at the same time. -(b) Except as otherwise provided by rule adopted by the Judicial Council, if a demurrer to a complaint or to a cross-complaint is overruled and there is no answer filed, the court shall allow an answer to be filed upon such terms as may be just. If a demurrer to the answer is overruled, the action shall proceed as if no demurrer had been interposed, and the facts alleged in the answer shall be considered as denied to the extent mentioned in Section 431.20. -(c) Subject to the limitations imposed by subdivision (e) of Section 430.41, if a demurrer is sustained, the court may grant leave to amend the pleading upon any terms as may be just and shall fix the time within which the amendment or amended pleading shall be filed. If a demurrer is stricken pursuant to Section 436 and there is no answer filed, the court shall allow an answer to be filed on terms that are just. -(d) If a motion to strike is granted pursuant to Section 436, the court may order that an amendment or amended pleading be filed upon terms it deems proper. If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer. -(e) If a motion to dismiss an action pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8 is denied, the court shall allow a pleading to be filed. -(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 5. -Section 472a is added to the Code of Civil Procedure, to read: -472a. -(a) A demurrer is not waived by an answer filed at the same time. -(b) Except as otherwise provided by rule adopted by the Judicial Council, if a demurrer to a complaint or to a cross-complaint is overruled and there is no answer filed, the court shall allow an answer to be filed upon such terms as may be just. If a demurrer to the answer is overruled, the action shall proceed as if no demurrer had been interposed, and the facts alleged in the answer shall be considered as denied to the extent mentioned in Section 431.20. -(c) Subject to the limitations imposed by subdivision (e) of Section 430.41, if a demurrer is sustained, the court may grant leave to amend the pleading upon any terms as may be just and shall fix the time within which the amendment or amended pleading shall be filed. If a demurrer is stricken pursuant to Section 436 and there is no answer filed, the court shall allow an answer to be filed on terms that are just. -(d) If a motion to strike is granted pursuant to Section 436, the court may order that an amendment or amended pleading be filed upon terms it deems proper. If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer. -(e) If a motion to dismiss an action pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8 is denied, the court shall allow a pleading to be filed. -(f) This section shall become operative on January 1, 2021. -SEC. 6. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, a party in a civil action may object to a complaint, cross-complaint, or answer by demurrer, as specified. Existing law authorizes a party to amend a pleading once without leave of the court at any time before an answer or demurrer is filed, or after a demurrer is filed and before the trial of the issue of law thereon. -This bill would require a demurring party in certain civil actions, before filing the demurrer, to engage in a specified meet and confer process with the party who filed the pleading demurred to for the purpose of determining whether an agreement can be reached as to the filing of an amended pleading that would resolve the objections to be raised in the demurrer. The bill would prohibit a party from amending a complaint or cross-complaint more than 3 times in response to a demurrer filed before the case is at issue, except as specified. The bill would prohibit a party from demurring to a pleading that is amended following a sustained demurrer as to any portion of the amended pleading on grounds that could have been raised by the prior demurrer. -This bill would also authorize a party to amend a pleading after a demurrer is filed but before it is heard by the court if the amended pleading is filed and served before the date for filing an opposition to the demurrer. The bill would authorize a party to amend a pleading after the date for filing an opposition to the demurrer upon stipulation by the parties. -The bill would repeal its provisions on January 1, 2021. -The bill would require a demurring party, in some circumstances, to file a declaration under penalty of perjury. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend, add, and repeal Sections 472 and 472a of, and to add and repeal Section 430.41 of, the Code of Civil Procedure, relating to civil procedure." -107,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 116431 is added to the Health and Safety Code, to read: -116431. -(a) At the request of any public water system that prepares and submits a compliance plan to the state board, the state board may grant a period of time to achieve compliance with the primary drinking water standard for hexavalent chromium by the state board’s written approval of the compliance plan. -(b) (1) A compliance plan shall include all of the following: -(A) A compelling reason why it is not feasible for the system to presently comply with the primary drinking water standard for hexavalent chromium. -(B) A summary of the public water system’s review of available funding sources, the best available technology or technologies for treatment, and other options to achieve and maintain compliance with the primary drinking water standard for hexavalent chromium by the earliest feasible date. -(C) A description of the actions the public water system is taking and will take by milestone dates to comply with the primary drinking water standard for hexavalent chromium by the earliest feasible date. The actions may include, but are not limited to, planning, designing, permitting, financing, constructing, testing, and activating treatment facilities or other capital improvements. The compliance plan shall include the public water system’s best estimate of the funding required for compliance and the actions that the public water system will take to secure the funding. In no event shall the earliest feasible date extend beyond January 1, 2020. -(2) The state board may do either of the following: -(A) Approve a compliance plan. -(B) Provide written comments on the compliance plan to the public water system. The comments may include requiring the public water system’s compliance, prior to January 1, 2020, with the primary drinking water standard for hexavalent chromium if the earliest feasible date, based on review of the compliance plan and based on the public water system’s specific circumstances identified in the plan, is prior to January 1, 2020. If the state board provides written comments, the public water system may submit a revised compliance plan that the state board may approve if the plan timely and adequately addresses any and all written comments provided by the state board. -(c) The public water system shall provide written notice regarding the compliance plan to the persons served by the public water system at least two times per year. The written notice shall meet the translation requirements provided in subdivision (h) of Section 116450 and shall include notice of all of the following: -(1) That the public water system is implementing the compliance plan that has been approved by the state board and that demonstrates the public water system is taking the needed feasible actions to comply with the primary drinking water standard for hexavalent chromium. The notice shall summarize those actions in a form and manner determined by the state board. For notices after the initial notice, the public water system shall update information demonstrating progress implementing the compliance plan. -(2) That the persons served by the public water system have access to alternative drinking water and that the public water system shall provide information on that drinking water. The notice shall identify where that information may be obtained. -(3) Basic information describing hexavalent chromium, including the level found in drinking water provided by the public water system, the maximum contaminant level for hexavalent chromium, and the possible effects of hexavalent chromium on human health as specified in Appendix 64465-D of Section 64465 of Title 22 of the California Code of Regulations. -(d) Following the state board’s approval of the compliance plan, the public water system shall submit a written status report to the state board, at a frequency and by a deadline or deadlines set by the state board, for the state board’s approval, that updates the status of actions specified in the state board-approved compliance plan and that specifies any changes to the compliance plan that are needed to achieve compliance with the primary drinking water standard for hexavalent chromium by the earliest feasible date. State board approval of a written status report that includes proposed changes to the compliance plan shall be deemed approval of the proposed changes to the compliance plan and the resulting revised plan. -(e) A public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while implementing an approved compliance plan. A public water system that has submitted a compliance plan for approval shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while state board action on the proposed and submitted compliance plan is pending. -(f) (1) At any time, the state board may direct revisions to a compliance plan or disapprove a compliance plan if the state board determines that the actions and timelines addressed in the compliance plan are inadequate to achieve compliance by the earliest feasible date. At any time, the state board may disapprove a written status report if the state board determines that the written status report fails to demonstrate that the public water system is complying with the approved compliance plan by the milestone dates. In these instances, the state board shall provide the public water system with written notice specifying the reason for the required revisions or disapproval and the deficiencies that shall be addressed in a resubmitted compliance plan or written status report. -(2) A previously approved compliance plan that the state board requires to be revised, or a written status report that is disapproved by the state board, may be revised and resubmitted by the public water system for state board approval within 60 days of receipt of the notice required by paragraph (1). During the 60 days, a public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium. A public water system shall not be granted a period of time to achieve compliance with the primary drinking water standard for hexavalent chromium if the public water system fails to submit a revised compliance plan or revised written status report within 60 days of receiving the notice, or submits a revised compliance plan or revised written status report that is subsequently disapproved. -(3) A compliance plan approved by the state board pursuant to this section shall continue in effect until the earliest feasible compliance date, as specified by the compliance plan, or until the water system fails to retain state board approval of the compliance plan. -(g) The state board may implement, interpret, or make specific the provisions of this section by means of criteria, published on its Internet Web site. This action by the state board shall not be subject to the rulemaking requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). -(h) This section does not affect the state’s requirements for establishing drinking water standards for contaminants in drinking water. This section does not apply to any contaminants other than hexavalent chromium. This section is intended to address the specific circumstance that, for some public water systems, compliance with the state’s hexavalent chromium drinking water standard requires the design, financing, and construction of capital improvements. These major compliance actions necessitate a period of time for compliance. -(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -The state’s regulation setting the new maximum contaminant level for hexavalent chromium VI went into effect on July 1, 2014. The regulation required that the initial compliance monitoring under the regulation be performed by January 1, 2015. Some public water systems need to take major compliance actions, such as designing, financing, and constructing water treatment facilities, to comply with the new regulation. To avoid the systems being deemed in violation of the regulation in 2015, and for a limited time period thereafter, it is necessary for this act, which authorizes a period of time to achieve compliance, to take effect immediately.","The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the State of California. The act requires the state board to adopt primary drinking water standards for contaminants in drinking water based upon specified criteria, and required a primary drinking water standard to be established for hexavalent chromium by January 1, 2004. Existing law authorizes the state board to grant a variance from primary drinking water standards to a public water system. Existing law makes certain violations of the act a crime. -This bill would authorize, until January 1, 2020, the state board, at the request of a public water system that prepares and submits a compliance plan to the state board, to grant a period of time to achieve compliance with the primary drinking water standard for hexavalent chromium by approving the compliance plan, as prescribed. This bill would require a public water system to provide specified notice regarding the compliance plan to the persons served by the public water system and the public water system to send written status reports to the state board. This bill would prohibit a public water system from being deemed in violation of the primary drinking water standard for hexavalent chromium while implementing an approved compliance plan or while state board action on its proposed and submitted compliance plan is pending. -The bill would authorize the state board to direct revisions to a compliance plan if the board makes certain determinations and would prohibit a public water system from being granted a period of time to achieve compliance under certain circumstances, including if the public water system does not submit a revised compliance plan or the revised compliance plan is disapproved. The bill would authorize the state board to implement, interpret, or make specific these provisions by means of criteria, published on its Internet Web site. To the extent that a public water system, when requesting approval of a compliance plan or submitting a report pursuant to these provisions, would make any false statement or representation, this bill would expand the scope of a crime and impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to add and repeal Section 116431 of the Health and Safety Code, relating to drinking water, and declaring the urgency thereof, to take effect immediately." -108,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1770 of the Civil Code is amended to read: -1770. -(a) The following unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer are unlawful: -(1) Passing off goods or services as those of another. -(2) Misrepresenting the source, sponsorship, approval, or certification of goods or services. -(3) Misrepresenting the affiliation, connection, or association with, or certification by, another. -(4) Using deceptive representations or designations of geographic origin in connection with goods or services. -(5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which he or she does not have. -(6) Representing that goods are original or new if they have deteriorated unreasonably or are altered, reconditioned, reclaimed, used, or secondhand. -(7) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another. -(8) Disparaging the goods, services, or business of another by false or misleading representation of fact. -(9) Advertising goods or services with intent not to sell them as advertised. -(10) Advertising goods or services with intent not to supply reasonably expectable demand, unless the advertisement discloses a limitation of quantity. -(11) Advertising furniture without clearly indicating that it is unassembled if that is the case. -(12) Advertising the price of unassembled furniture without clearly indicating the assembled price of that furniture if the same furniture is available assembled from the seller. -(13) Making false or misleading statements of fact concerning reasons for, existence of, or amounts of price reductions. -(14) Representing that a transaction confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law. -(15) Representing that a part, replacement, or repair service is needed when it is not. -(16) Representing that the subject of a transaction has been supplied in accordance with a previous representation when it has not. -(17) Representing that the consumer will receive a rebate, discount, or other economic benefit, if the earning of the benefit is contingent on an event to occur subsequent to the consummation of the transaction. -(18) Misrepresenting the authority of a salesperson, representative, or agent to negotiate the final terms of a transaction with a consumer. -(19) Inserting an unconscionable provision in the contract. -(20) Advertising that a product is being offered at a specific price plus a specific percentage of that price unless (A) the total price is set forth in the advertisement, which may include, but is not limited to, shelf tags, displays, and media advertising, in a size larger than any other price in that advertisement, and (B) the specific price plus a specific percentage of that price represents a markup from the seller’s costs or from the wholesale price of the product. This subdivision shall not apply to in-store advertising by businesses which are open only to members or cooperative organizations organized pursuant to Division 3 (commencing with Section 12000) of Title 1 of the Corporations Code where more than 50 percent of purchases are made at the specific price set forth in the advertisement. -(21) Selling or leasing goods in violation of Chapter 4 (commencing with Section 1797.8) of Title 1.7. -(22) (A) Disseminating an unsolicited prerecorded message by telephone without an unrecorded, natural voice first informing the person answering the telephone of the name of the caller or the organization being represented, and either the address or the telephone number of the caller, and without obtaining the consent of that person to listen to the prerecorded message. -(B) This subdivision does not apply to a message disseminated to a business associate, customer, or other person having an established relationship with the person or organization making the call, to a call for the purpose of collecting an existing obligation, or to any call generated at the request of the recipient. -(23) (A) The home solicitation, as defined in subdivision (h) of Section 1761, of a consumer who is a senior citizen where a loan is made encumbering the primary residence of that consumer for the purposes of paying for home improvements and where the transaction is part of a pattern or practice in violation of either subsection (h) or (i) of Section 1639 of Title 15 of the United States Code or paragraphs (1), (2), and (4) of subdivision (a) of Section 226.34 of Title 12 of the Code of Federal Regulations. -(B) A third party shall not be liable under this subdivision unless (1) there was an agency relationship between the party who engaged in home solicitation and the third party or (2) the third party had actual knowledge of, or participated in, the unfair or deceptive transaction. A third party who is a holder in due course under a home solicitation transaction shall not be liable under this subdivision. -(24) (A) Charging or receiving an unreasonable fee to prepare, aid, or advise any prospective applicant, applicant, or recipient in the procurement, maintenance, or securing of public social services. -(B) For purposes of this paragraph, the following definitions shall apply: -(i) “Public social services” means those activities and functions of state and local government administered or supervised by the State Department of Health Care Services, the State Department of Public Health, or the State Department of Social Services, and involved in providing aid or services, or both, including health care services, and medical assistance, to those persons who, because of their economic circumstances or social condition, are in need of that aid or those services and may benefit from them. -(ii) “Public social services” also includes activities and functions administered or supervised by the United States Department of Veterans Affairs or the California Department of Veterans Affairs involved in providing aid or services, or both, to veterans, including pension benefits. -(iii) “Unreasonable fee” means a fee that is exorbitant and disproportionate to the services performed. Factors to be considered, when appropriate, in determining the reasonableness of a fee, are based on the circumstances existing at the time of the service and shall include, but not be limited to, all of the following: -(I) The time and effort required. -(II) The novelty and difficulty of the services. -(III) The skill required to perform the services. -(IV) The nature and length of the professional relationship. -(V) The experience, reputation, and ability of the person providing the services. -(C) This paragraph shall not apply to attorneys licensed to practice law in California, who are subject to the California Rules of Professional Conduct and to the mandatory fee arbitration provisions of Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, when the fees charged or received are for providing representation in administrative agency appeal proceedings or court proceedings for purposes of procuring, maintaining, or securing public social services on behalf of a person or group of persons. -(25) (A) Advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements that does not include the following statement in the same type size and font as the term “veteran” or any variation of that term: -(i) “I am not authorized to file an initial application for Veterans’ Aid and Attendance benefits on your behalf, or to represent you before the Board of Veterans’ Appeals within the United States Department of Veterans Affairs in any proceeding on any matter, including an application for such benefits. It would be illegal for me to accept a fee for preparing that application on your behalf.” The requirements of this clause do not apply to a person licensed to act as an agent or attorney in proceedings before the Agency of Original Jurisdiction and the Board of Veterans’ Appeals within the United States Department of Veterans Affairs when that person is offering those services at the advertised event. -(ii) The statement in clause (i) shall also be disseminated, both orally and in writing, at the beginning of any event, presentation, seminar, workshop, or public gathering regarding veterans’ benefits or entitlements. -(B) Advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements which is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries that does not include the following statement, in the same type size and font as the term “veteran” or the variation of that term: - - -“This event is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries. None of the insurance products promoted at this sales event are endorsed by those organizations, all of which offer free advice to veterans about how to qualify and apply for benefits.” - - -(i) The statement in this subparagraph shall be disseminated, both orally and in writing, at the beginning of any event, presentation, seminar, workshop, or public gathering regarding veterans’ benefits or entitlements. -(ii) The requirements of this subparagraph shall not apply in a case where the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries have granted written permission to the advertiser or promoter for the use of its name, symbol, or insignia to advertise or promote the event, presentation, seminar, workshop, or other public gathering. -(26) Advertising, offering for sale, or selling a financial product that is illegal under state or federal law, including any cash payment for the assignment to a third party of the consumer’s right to receive future pension or veteran’s benefits. -(27) Representing that a product is made in California by using a Made in California label created pursuant to Section 12098.10 of the Government Code, unless the product complies with Section 12098.10 of the Government Code. -(b) (1) It is an unfair or deceptive act or practice for a mortgage broker or lender, directly or indirectly, to use a home improvement contractor to negotiate the terms of any loan that is secured, whether in whole or in part, by the residence of the borrower and which is used to finance a home improvement contract or any portion of a home improvement contract. For purposes of this subdivision, “mortgage broker or lender” includes a finance lender licensed pursuant to the California Finance Lenders Law (Division 9 (commencing with Section 22000) of the Financial Code), a residential mortgage lender licensed pursuant to the California Residential Mortgage Lending Act (Division 20 (commencing with Section 50000) of the Financial Code), or a real estate broker licensed under the Real Estate Law (Division 4 (commencing with Section 10000) of the Business and Professions Code). -(2) This section shall not be construed to either authorize or prohibit a home improvement contractor from referring a consumer to a mortgage broker or lender by this subdivision. However, a home improvement contractor may refer a consumer to a mortgage lender or broker if that referral does not violate Section 7157 of the Business and Professions Code or any other law. A mortgage lender or broker may purchase an executed home improvement contract if that purchase does not violate Section 7157 of the Business and Professions Code or any other law. Nothing in this paragraph shall have any effect on the application of Chapter 1 (commencing with Section 1801) of Title 2 to a home improvement transaction or the financing of a home improvement transaction. -SEC. 2. -Chapter 3.6 (commencing with Section 870) is added to Division 4 of the Military and Veterans Code, to read: -CHAPTER 3.6. Nonassignability of Veterans’ Benefits -870. -A person shall not advertise, offer, or enter into an agreement with a pension beneficiary that would involve an assignment of pension benefits that is prohibited by state or federal law.","(1) Existing law, the Consumer Legal Remedies Act, makes unlawful certain unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer, including, among other things, advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements that does not include a specified statement. Existing law authorizes any consumer who suffers damages as a result of the use or employment by any person of a method, act, or practice declared to be unlawful, as described above, to bring an action against that person to recover or obtain damages, restitution, an order enjoining the methods, acts, or practice, or any other relief the court deems proper. -This bill would include, as an unlawful practice prohibited under the act, advertising, offering for sale, or selling a financial product or service that is illegal under state or federal law, including a cash payment for the assignment to a 3rd party of the consumer’s right to receive future pension or veteran’s benefits. -(2) Existing federal law prohibits payments of benefits due or to become due under any law administered by the United States Secretary of Veterans Affairs from being assignable. Under existing federal law, in any case where a beneficiary entitled to pension compensation enters into an agreement with another person under which agreement the other person acquires for consideration the right to receive the benefit by payment of a pension compensation, the agreement is deemed to be an assignment and is prohibited. -Existing state law establishes a cause of action against any person who engages in an act of unfair competition, which includes any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising, and any prohibited advertising act or practice. -This bill would state an additional prohibition against advertising, offering, or entering into an agreement with a pension beneficiary that would involve an assignment of pension benefits.","An act to amend Section 1770 of the Civil Code, and to add Chapter 3.6 (commencing with Section 870) to Division 4 of the Military and Veterans Code, relating to unlawful business practices." -109,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1363 of the Health and Safety Code is amended to read: -1363. -(a) The director shall require the use by each plan of disclosure forms or materials containing information regarding the benefits, services, and terms of the plan contract as the director may require, so as to afford the public, subscribers, and enrollees with a full and fair disclosure of the provisions of the plan in readily understood language and in a clearly organized manner. The director may require that the materials be presented in a reasonably uniform manner so as to facilitate comparisons between plan contracts of the same or other types of plans. Nothing contained in this chapter shall preclude the director from permitting the disclosure form to be included with the evidence of coverage or plan contract. -The disclosure form shall provide for at least the following information, in concise and specific terms, relative to the plan, together with additional information as may be required by the director, in connection with the plan or plan contract: -(1) The principal benefits and coverage of the plan, including coverage for acute care and subacute care. -(2) The exceptions, reductions, and limitations that apply to the plan. -(3) The full premium cost of the plan. -(4) Any copayment, coinsurance, or deductible requirements that may be incurred by the member or the member’s family in obtaining coverage under the plan. -(5) The terms under which the plan may be renewed by the plan member, including any reservation by the plan of any right to change premiums. -(6) A statement that the disclosure form is a summary only, and that the plan contract itself should be consulted to determine governing contractual provisions. The first page of the disclosure form shall contain a notice that conforms with all of the following conditions: -(A) (i) States that the evidence of coverage discloses the terms and conditions of coverage. -(ii) States, with respect to individual plan contracts, small group plan contracts, and any other group plan contracts for which health care services are not negotiated, that the applicant has a right to view the evidence of coverage prior to enrollment, and, if the evidence of coverage is not combined with the disclosure form, the notice shall specify where the evidence of coverage can be obtained prior to enrollment. -(B) Includes a statement that the disclosure and the evidence of coverage should be read completely and carefully and that individuals with special health care needs should read carefully those sections that apply to them. -(C) Includes the plan’s telephone number or numbers that may be used by an applicant to receive additional information about the benefits of the plan or a statement where the telephone number or numbers are located in the disclosure form. -(D) For individual contracts, and small group plan contracts as defined in Article 3.1 (commencing with Section 1357), the disclosure form shall state where the health plan benefits and coverage matrix is located. -(E) Is printed in type no smaller than that used for the remainder of the disclosure form and is displayed prominently on the page. -(7) A statement as to when benefits shall cease in the event of nonpayment of the prepaid or periodic charge and the effect of nonpayment upon an enrollee who is hospitalized or undergoing treatment for an ongoing condition. -(8) To the extent that the plan permits a free choice of provider to its subscribers and enrollees, the statement shall disclose the nature and extent of choice permitted and the financial liability that is, or may be, incurred by the subscriber, enrollee, or a third party by reason of the exercise of that choice. -(9) A summary of the provisions required by subdivision (g) of Section 1373, if applicable. -(10) If the plan utilizes arbitration to settle disputes, a statement of that fact. -(11) A summary of, and a notice of the availability of, the process the plan uses to authorize, modify, or deny health care services under the benefits provided by the plan, pursuant to Sections 1363.5 and 1367.01. -(12) A description of any limitations on the patient’s choice of primary care physician, specialty care physician, or nonphysician health care practitioner, based on service area and limitations on the patient’s choice of acute care hospital care, subacute or transitional inpatient care, or skilled nursing facility. -(13) General authorization requirements for referral by a primary care physician to a specialty care physician or a nonphysician health care practitioner. -(14) Conditions and procedures for disenrollment. -(15) A description as to how an enrollee may request continuity of care as required by Section 1373.96 and request a second opinion pursuant to Section 1383.15. -(16) Information concerning the right of an enrollee to request an independent review in accordance with Article 5.55 (commencing with Section 1374.30). -(17) A notice as required by Section 1364.5. -(b) (1) As of July 1, 1999, the director shall require each plan offering a contract to an individual or small group to provide with the disclosure form for individual and small group plan contracts a uniform health plan benefits and coverage matrix containing the plan’s major provisions in order to facilitate comparisons between plan contracts. The uniform matrix shall include the following category descriptions together with the corresponding copayments and limitations in the following sequence: -(A) Deductibles. -(B) Lifetime maximums. -(C) Professional services. -(D) Outpatient services. -(E) Hospitalization services. -(F) Emergency health coverage. -(G) Ambulance services. -(H) Prescription drug coverage. -(I) Durable medical equipment. -(J) Mental health services. -(K) Chemical dependency services. -(L) Home health services. -(M) Other. -(2) The following statement shall be placed at the top of the matrix in all capital letters in at least 10-point boldface type: - - - -THIS MATRIX IS INTENDED TO BE USED TO HELP YOU COMPARE COVERAGE BENEFITS AND IS A SUMMARY ONLY. THE EVIDENCE OF COVERAGE AND PLAN CONTRACT SHOULD BE CONSULTED FOR A DETAILED DESCRIPTION OF COVERAGE BENEFITS AND LIMITATIONS. - - - -(3) (A) A health care service plan contract subject to Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15), shall satisfy the requirements of this subdivision by providing the uniform summary of benefits and coverage required under Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15) and any rules or regulations issued thereunder. A health care service plan that issues the uniform summary of benefits referenced in this paragraph shall do both of the following: -(i) Ensure that all applicable benefit disclosure requirements specified in this chapter and in Title 28 of the California Code of Regulations are met in other health plan documents provided to enrollees under the provisions of this chapter. -(ii) Consistent with applicable law, advise applicants and enrollees, in a prominent place in the plan documents referenced in subdivision (a), that enrollees are not financially responsible in payment of emergency care services, in any amount that the health care service plan is obligated to pay, beyond the enrollee’s copayments, coinsurance, and deductibles as provided in the enrollee’s health care service plan contract. -(B) Commencing October 1, 2016, the uniform summary of benefits and coverage referenced in this paragraph shall constitute a vital document for the purposes of Section 1367.04. Not later than July 1, 2016, the department shall develop written translations of the template uniform summary of benefits and coverage for all language groups identified by the State Department of Health Care Services in all plan letters as of August 27, 2014, for translation services pursuant to Section 14029.91 of the Welfare and Institutions Code, except for any language group for which the United States Department of Labor has already prepared a written translation. Not later than July 1, 2016, the department shall make available on its Internet Web site written translations of the template uniform summary of benefits and coverage developed by the department, and written translations prepared by the United States Department of Labor, if available, for any language group to which this subparagraph applies. -(C) Subdivision (c) shall not apply to a health care service plan contract subject to subparagraph (A). -(c) Nothing in this section shall prevent a plan from using appropriate footnotes or disclaimers to reasonably and fairly describe coverage arrangements in order to clarify any part of the matrix that may be unclear. -(d) All plans, solicitors, and representatives of a plan shall, when presenting any plan contract for examination or sale to an individual prospective plan member, provide the individual with a properly completed disclosure form, as prescribed by the director pursuant to this section for each plan so examined or sold. -(e) In the case of group contracts, the completed disclosure form and evidence of coverage shall be presented to the contractholder upon delivery of the completed health care service plan agreement. -(f) Group contractholders shall disseminate copies of the completed disclosure form to all persons eligible to be a subscriber under the group contract at the time those persons are offered the plan. If the individual group members are offered a choice of plans, separate disclosure forms shall be supplied for each plan available. Each group contractholder shall also disseminate or cause to be disseminated copies of the evidence of coverage to all applicants, upon request, prior to enrollment and to all subscribers enrolled under the group contract. -(g) In the case of conflicts between the group contract and the evidence of coverage, the provisions of the evidence of coverage shall be binding upon the plan notwithstanding any provisions in the group contract that may be less favorable to subscribers or enrollees. -(h) In addition to the other disclosures required by this section, every health care service plan and any agent or employee of the plan shall, when presenting a plan for examination or sale to any individual purchaser or the representative of a group consisting of 25 or fewer individuals, disclose in writing the ratio of premium costs to health services paid for plan contracts with individuals and with groups of the same or similar size for the plan’s preceding fiscal year. A plan may report that information by geographic area, provided the plan identifies the geographic area and reports information applicable to that geographic area. -(i) Subdivision (b) shall not apply to any coverage provided by a plan for the Medi-Cal program or the Medicare Program pursuant to Title XVIII and Title XIX of the federal Social Security Act. -SEC. 2. -Section 10603 of the Insurance Code, as amended by Section 8 of Chapter 1 of the First Extraordinary Session of the Statutes of 2013, is amended to read: -10603. -(a) (1) On or before April 1, 1975, the commissioner shall promulgate a standard supplemental disclosure form for all disability insurance policies. Upon the appropriate disclosure form as prescribed by the commissioner, each insurer shall provide, in easily understood language and in a uniform, clearly organized manner, as prescribed and required by the commissioner, the summary information about each disability insurance policy offered by the insurer as the commissioner finds is necessary to provide for full and fair disclosure of the provisions of the policy. -(2) On and after January 1, 2014, a disability insurer offering health insurance coverage subject to Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15) shall satisfy the requirements of this section and the implementing regulations by providing the uniform summary of benefits and coverage required under Section 2715 of the federal Public Health Service Act and any rules or regulations issued thereunder. An insurer that issues the federal uniform summary of benefits referenced in this paragraph shall ensure that all applicable disclosures required in this chapter and its implementing regulations are met in other documents provided to policyholders and insureds. An insurer subject to this paragraph shall provide the uniform summary of benefits and coverage to the commissioner together with the corresponding health insurance policy pursuant to Section 10290. -(3) Commencing October 1, 2016, the uniform summary of benefits and coverage referenced in this subdivision shall constitute a vital document for the purposes of Section 10133.8. Not later than July 1, 2016, the commissioner shall develop written translations of the template uniform summary of benefits and coverage for all language groups identified by the State Department of Health Care Services in all plan letters as of August 27, 2014, for translation services pursuant to Section 14029.91 of the Welfare and Institutions Code, except for any language group for which the United States Department of Labor has already prepared a written translation. Not later than July 1, 2016, the commissioner shall make available on its Internet Web site written translations of the template uniform summary of benefits and coverage developed by the commissioner, and written translations prepared by the United States Department of Labor, if available, for any language group to which this subparagraph applies. -(b) Nothing in this section shall preclude the disclosure form from being included with the evidence of coverage or certificate of coverage or policy. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the federal Patient Protection and Affordable Care Act (PPACA), requires a group health plan and a health insurance issuer offering group or individual health insurance coverage to provide a written summary of benefits and coverage (SBC) and requires that the SBC be provided in a culturally and linguistically appropriate manner, as specified. -Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. -Existing law requires a plan or insurer to provide certain disclosures of the benefits, services, and terms of a contract or policy. Existing law requires that contracts and policies subject to PPACA satisfy certain of those disclosure requirements by providing the SBC required under PPACA. Existing law requires the departments to adopt regulations establishing standards and requirements to provide enrollees and insureds with access to language assistance, including requirements for the translation of vital documents, as specified. -This bill would, commencing October 1, 2016, provide that the SBC constitutes a vital document and would require a plan or insurer to comply with requirements applicable to those documents. The bill would, commencing July 1, 2016, require the Department of Managed Health Care and the Insurance Commissioner to develop written translations of the template uniform summary of benefits and coverage and to make available those translations in specified languages on their respective Internet Web sites. Because a willful violation of those requirements by a health care service plan would be a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1363 of the Health and Safety Code, and to amend Section 10603 of the Insurance Code, relating to health care coverage." -110,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 23663 of the Revenue and Taxation Code is amended to read: -23663. -(a) (1) Notwithstanding any other law -to the contrary -, for each taxable year beginning on or after July 1, 2008, any credit allowed to a taxpayer under this chapter that is an eligible credit may be assigned by that taxpayer to any eligible assignee. -(2) A credit assigned under paragraph (1) may -only -be applied by the eligible assignee -only -against the -“tax” (as -“tax,” as -defined in Section -23036) -23036, -of the eligible assignee in a taxable year beginning on or after January 1, 2010. -(3) Except as specifically provided in this section, following an assignment of any eligible credit under this section, the eligible assignee shall be treated as if it originally earned the assigned credit. -(b) For purposes of this section, the following definitions shall apply: -(1) “Affiliated corporation” means a corporation that is a member of a commonly controlled group as defined in Section 25105. -(2) “Eligible credit” shall mean: -(A) Any credit earned by the taxpayer in a taxable year beginning on or after July 1, 2008, or -(B) Any credit earned in any taxable year beginning before July 1, 2008, that is eligible to be carried forward to the taxpayer’s first taxable year beginning on or after July 1, 2008, under the provisions of this part. -(3) “Eligible assignee” shall mean any affiliated corporation that is properly treated as a member of the same combined reporting group pursuant to Section 25101 or 25110 as the taxpayer assigning the eligible credit as of: -(A) In the case of credits earned in taxable years beginning before July 1, 2008: -(i) June 30, 2008, and -(ii) The last day of the taxable year of the assigning taxpayer in which the eligible credit is assigned. -(B) In the case of credits earned in taxable years beginning on or after July 1, 2008. -(i) The last day of the first taxable year in which the credit was allowed to the taxpayer, and -(ii) The last day of the taxable year of the assigning taxpayer in which the eligible credit is assigned. -(c) (1) The election to assign any credit under subdivision (a) shall be irrevocable once made, and shall be made by the taxpayer allowed that credit on its original return for the taxable year in which the assignment is made. -(2) The taxpayer assigning any credit under this section shall reduce the amount of its unused credit by the face amount of any credit assigned under this section, and the amount of the assigned credit shall not be available for application against the assigning taxpayer’s “tax” in any taxable year, nor shall it thereafter be included in the amount of any credit carryover of the assigning taxpayer. -(3) The eligible assignee of any credit under this section may apply all or any portion of the assigned credits against the “tax” of the eligible assignee for the taxable year in which the assignment occurs, or any subsequent taxable year, subject to any carryover period limitations that apply to the assigned credit and also subject to the limitation in paragraph (2) of subdivision (a). -(4) -In no case may the -The -eligible assignee -shall not -sell, otherwise transfer, or thereafter assign the assigned credit to any other taxpayer. -(d) (1) -No consideration -Consideration -shall -not -be required to be paid by the eligible assignee to the assigning taxpayer for assignment of any credit under this section. -(2) In the event that any consideration is paid by the eligible assignee to the assigning taxpayer for the transfer of an eligible credit under this section, then: -(A) -No -A -deduction shall -not -be allowed to the eligible assignee under this part with respect to any amounts so paid, and -(B) -No amounts -Any amount -so received by the assigning taxpayer shall -not -be includable in gross income under this part. -(e) (1) The Franchise Tax Board shall specify the form and manner in which the election required under this section shall be made, as well as any necessary information that shall be required to be provided by the taxpayer assigning the credit to the eligible assignee. -(2) Any taxpayer who assigns any credit under this section shall report any information, in the form and manner specified by the Franchise Tax Board, necessary to substantiate any credit assigned under this section and verify the assignment and subsequent application of any assigned credit. -(3) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to paragraphs (1) and (2). -(4) The Franchise Tax Board may issue any -regulations -regulation -necessary to implement the purposes of this section, including any -regulations -regulation -necessary to specify the treatment of any assignment that does not comply with -the requirements of -this section (including, for example, -where -if -the taxpayer and eligible assignee are not properly treated as members of the same combined reporting group on any of the dates specified in paragraph (3) of subdivision (b). -(f) (1) The taxpayer and the eligible assignee shall be jointly and severally liable for any tax, addition to tax, or penalty that results from the disallowance, in whole or in part, of any eligible credit assigned under this section. -(2) -Nothing in this -This -section shall -not -limit the authority of the Franchise Tax Board to audit either the assigning taxpayer or the eligible assignee with respect to any eligible credit assigned under this section. -(g) On or before June 30, 2013, the Franchise Tax Board shall report to the Joint Legislative Budget Committee, the Legislative Analyst, and the relevant policy committees of both houses on the effects of this section. The report shall include, but need not be limited to, the following: -(1) An estimate of use of credits in the 2010 and 2011 taxable years by eligible taxpayers. -(2) An analysis of effect of this section on expanding business activity in the state related to these credits. -(3) An estimate of the resulting tax revenue loss to the state. -(4) The report shall cover all credits covered in this section, but focus on the credits related to research and development, economic incentive areas, and low-income housing.","The Corporation Tax Law allows various credits against the taxes imposed by that law. That law allows, for each taxable year beginning on or after July 1, 2008, any credit that is an eligible credit, as defined, to be assigned to any eligible assignee, as defined. -This bill would make technical, nonsubstantive changes to this provision.","An act to amend Section 23663 of the Revenue and Taxation Code, relating to taxation." -111,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1516 of the -Health and Safety Code -is amended to read: -1516. -(a)A crisis nursery, as defined in paragraph (17) of subdivision (a) of Section 1502, shall be licensed by the department to operate a crisis residential overnight program. Notwithstanding Section 1596.80, a crisis nursery may also provide crisis day services. -(b)A crisis nursery shall be organized and operated on a nonprofit basis by either a private nonprofit corporation or a nonprofit public benefit corporation. -(c)A facility licensed on or before January 1, 2004, as a group home for children under six years of age with a licensed capacity greater than 14 children, but less than 21 children, that provides crisis nursery services shall be allowed to retain its capacity if issued a crisis nursery license until there is a change in the licensee’s program, location, or client population. -(d)Each crisis nursery shall collect and maintain information, in a format specified by the department, indicating the total number of children placed in the program, the length of stay for each child, the reasons given for the use of the crisis nursery, and the age of each child. This information shall be made available to the department upon request. -(e)Notwithstanding Section 1596.80, a crisis nursery may provide crisis day services for children under six years of age at the same site that it is providing crisis residential overnight services. -(1)A child shall not receive crisis day services at a crisis nursery for more than 30 calendar days, maximum of 12 hours per day, or a total of 360 hours, in a six-month period unless the department issues an exception to allow a child to receive additional crisis day services in a six-month period. -(2)The department, upon receipt of an exception request pursuant to paragraph (1) and supporting documentation as required by the department, shall respond within five working days to approve or deny the request. -(3)No more than two exceptions, in seven-calendar day or 84-hour increments, may be granted per child in a six-month period. -(f)A crisis nursery license shall be issued for a specific capacity determined by the department. -(1)(A)The maximum licensed capacity for crisis day services shall be based on 35 square feet of indoor activity space per child. Bedrooms, bathrooms, halls, offices, isolation areas, food-preparation areas, and storage places shall not be included in the calculation of indoor activity space. Floor area under tables, desks, chairs, and other equipment intended for use as part of children’s activities shall be included in the calculation of indoor space. This subparagraph shall not apply to a crisis nursery that is located in an office building. -(B)There shall be at least 75 square feet per child of outdoor activity space based on the total licensed capacity. Swimming pools, adjacent pool decking, and natural or man-made hazards shall not be included in the calculation of outdoor activity space. -(2)Except as provided in subdivision (c), the maximum licensed capacity for a crisis residential overnight program shall be 14 children. -(3)A child who has been voluntarily placed in a crisis residential overnight program shall be included in the licensed capacity for crisis day services. -(g)Exceptions to group home licensing regulations pursuant to subdivision (c) of Section 84200 of Title 22 of the California Code of Regulations, in effect on August 1, 2004, for county-operated or county-contracted emergency shelter care facilities that care for children under six years of age for no more than 30 days, shall be contained in regulations for crisis nurseries. -(h)For purposes of this section, the following definitions shall apply: -(1)“Crisis day services” means temporary, nonmedical care and supervision for children under six years of age who are voluntarily placed by a parent or legal guardian due to a family crisis or stressful situation for less than 24 hours per day. Crisis day services shall be provided during a time period defined by the crisis nursery in its plan of operation, but not to exceed a period of 14 hours per day. The plan of operation shall assure sleeping arrangements are available for children there after 7 p.m. A child may not receive crisis day services at a crisis nursery for more than 30 calendar days, or a total of 360 hours, in a six-month period unless the department issues an exception. -(2)“Crisis residential overnight program” means short-term, 24-hour nonmedical residential care and supervision, including overnight, for children under six years of age who are voluntarily placed by a parent or legal guardian due to a family crisis or stressful situation for no more than 30 days. -(3)“Voluntarily placed” means a child, who is not receiving Aid to Families with Dependent Children-Foster Care, placed by a parent or legal guardian who retains physical custody of, and remains responsible for, the care of his or her children who are placed for temporary emergency care. “Voluntarily placed” does not include placement of a child who has been removed from the care and custody of his or her parent or legal guardian and placed in foster care by a child welfare services agency. -SEC. 2. -SECTION 1. -Section 1596.810 is added to the Health and Safety Code, immediately following Section 1596.809, to read: -1596.810. -A child day care facility, other than a family day care home, shall not be required to meet the square footage requirements of indoor activity space for child care centers if the facility is located in an office building.","Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities, as defined, -and crisis nurseries -by the State Department of Social Services. Existing law requires that the maximum licensed capacity for those facilities be based on 35 square feet of indoor activity space per child. -This bill would exempt those facilities from the 35 square footage requirement if the facility is located in an office building.","An act to -amend Section 1516 of, and to -add Section 1596.810 -to, -to -the Health and Safety Code, relating to day care facilities." -112,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1214.1 of the Penal Code is amended to read: -1214.1. -(a) In addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to three hundred dollars ($300) against a defendant who fails, after notice and without good cause, to appear in court for a proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed to under Section 40510.5 of the Vehicle Code. This assessment shall be deposited in the Trial Court Trust Fund, as provided in Section 68085.1 of the Government Code. -(b) (1) The assessment imposed pursuant to subdivision (a) shall not become effective until at least 20 calendar days after the court mails a warning notice to the defendant by first-class mail to the address shown on the notice to appear or to the defendant’s last known address. If the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, the court shall vacate the assessment. -(2) Payment of bail, fines, penalties, fees, or a civil assessment shall not be required in order for the court to vacate the assessment at the time of appearance pursuant to paragraph (1). Payment of a civil assessment shall not be required to schedule a court hearing on a pending underlying charge. -(c) If a civil assessment is imposed pursuant to subdivision (a), no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail. An outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment. -(d) The assessment imposed pursuant to subdivision (a) shall be subject to the due process requirements governing defense and collection of civil money judgments generally. -(e) Each court and county shall maintain the collection program that was in effect on July 1, 2005, unless otherwise agreed to by the court and county. If a court and a county do not agree on a plan for the collection of civil assessments imposed pursuant to this section, or any other collections under Section 1463.010, after the implementation of Sections 68085.6 and 68085.7 of the Government Code, the court or the county may request arbitration by a third party mutually agreed upon by the Administrative Director of the Courts and the California State Association of Counties. -SEC. 2. -Section 42008.8 of the Vehicle Code is amended to read: -42008.8. -(a) The Legislature finds and declares that a one-time infraction amnesty program would do all of the following: -(1) Provide relief to individuals who have found themselves in violation of a court-ordered obligation because they have unpaid traffic bail or fines. -(2) Provide relief to individuals who have found themselves in violation of a court-ordered obligation or who have had their driving privileges suspended pursuant to Section 13365. -(3) Provide increased revenue at a time when revenue is scarce by encouraging payment of old fines that have remained unpaid. -(4) Allow courts and counties to resolve older delinquent cases and focus limited resources on collections for more recent cases. -(b) A one-time amnesty program for fines and bail meeting the eligibility requirements set forth in subdivision (g) shall be established in each county. Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code. -(c) As used in this section, the term “fine” or “bail” refers to the total amounts due in connection with a specific violation, which include, but are not limited to, all of the following: -(1) Base fine or bail, as established by court order, by statute, or by the court’s bail schedule. -(2) Penalty assessments imposed pursuant to Section 1464 of the Penal Code, and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of, and paragraph (1) of subdivision (c) of Section 76000.10 of, the Government Code, and Section 42006 of this code. -(3) State surcharges imposed pursuant to Section 1465.7 of the Penal Code. -(4) Court operations assessments imposed pursuant to Section 1465.8 of the Penal Code. -(5) Criminal conviction assessments pursuant to Section 70373 of the Government Code. -(d) Notwithstanding subdivision (c), any civil assessment imposed pursuant to Section 1214.1 of the Penal Code shall not be collected, nor shall the payment of that assessment be a requirement of participation in the amnesty program. -(e) Concurrent with the amnesty program established pursuant to subdivision (b), between October 1, 2015, to March 31, 2017, inclusive, the following shall apply: -(1) The court shall issue and file with the Department of Motor Vehicles the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any participant of the one-time amnesty program established pursuant to subdivision (b) demonstrating that the participant has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege of that participant was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). -(2) The court shall issue and file with the department the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any person in good standing in a comprehensive collection program pursuant to subdivision (c) of Section 1463.007 of the Penal Code demonstrating that the person has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). -(3) Any person who is eligible for a driver’s license pursuant to Section 12801, 12801.5, or 12801.9 shall be eligible for the amnesty program established pursuant to subdivision (b) for any specific violation described in subdivision (g). The department shall issue a driver’s license to any person who is eligible pursuant to Section 12801, 12801.5, or 12801.9 if the person is participating in the amnesty program and is otherwise eligible for the driver’s license but for the fines or bail to be collected through the program. -(4) The Department of Motor Vehicles shall not deny reinstating the driving privilege of any person who participates in the amnesty program established pursuant to subdivision (b) for any fines or bail in connection with the specific violation that is the basis for participation in the amnesty program. -(f) In addition to, and at the same time as, the mandatory one-time amnesty program is established pursuant to subdivision (b), the court and the county may jointly agree to extend that amnesty program to fines and bail imposed for a misdemeanor violation of this code and a violation of Section 853.7 of the Penal Code that was added to the misdemeanor case otherwise subject to the amnesty. The amnesty program authorized pursuant to this subdivision shall not apply to parking violations and violations of Sections 23103, 23104, 23105, 23152, and 23153. -(g) A violation is only eligible for amnesty if paragraph (1), (2), or (3) applies, and the requirements of paragraphs (4) to (7), inclusive, are met: -(1) The violation is an infraction violation filed with the court. -(2) It is a violation of subdivision (a) or (b) of Section 40508, or a violation of Section 853.7 of the Penal Code that was added to the case subject to paragraph (1). -(3) The violation is a misdemeanor violation filed with the court to which subdivision (f) applies. -(4) The initial due date for payment of the fine or bail was on or before January 1, 2013. -(5) There are no outstanding misdemeanor or felony warrants for the defendant within the county, except for misdemeanor warrants for misdemeanor violations subject to this section. -(6) The person does not owe victim restitution on any case within the county. -(7) The person has not made any payments for the violation after September 30, 2015, to a comprehensive collection program in the county pursuant to subdivision (c) of Section 1463.007 of the Penal Code. -(h) (1) Except as provided in paragraph (2), each amnesty program shall accept, in full satisfaction of any eligible fine or bail, 50 percent of the fine or bail amount, as defined in subdivision (c). -(2) If the participant certifies under penalty of perjury that he or she receives any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code or is within the conditions described in subdivision (b) of Section 68632 of the Government Code, the amnesty program shall accept, in full satisfaction of any eligible fine or bail, 20 percent of the fine or bail amount, as defined in subdivision (c). -(i) The Judicial Council, in consultation with the California State Association of Counties, shall adopt guidelines for the amnesty program no later than October 1, 2015, and each program shall be conducted in accordance with the Judicial Council’s guidelines. As part of its guidelines, the Judicial Council shall include all of the following: -(1) Each court or county responsible for implementation of the amnesty program pursuant to subdivision (b) shall recover costs pursuant to subdivision (a) of Section 1463.007 of the Penal Code and may charge an amnesty program fee of fifty dollars ($50) that may be collected with the receipt of the first payment of a participant. -(2) A payment plan option created pursuant to Judicial Council guidelines in which a monthly payment is equal to the amount that an eligible participant can afford to pay per month consistent with Sections 68633 and 68634 of the Government Code. If a participant chooses the payment plan option, the county or court shall collect all relevant information to allow for collection by the Franchise Tax Board pursuant to existing protocols prescribed by the Franchise Tax Board to collect delinquent debts of any amount in which a participant is delinquent or otherwise in default under his or her amnesty payment plan. -(3) If a participant does not comply with the terms of his or her payment plan under the amnesty program, including failing to make one or more payments, the appropriate agency shall send a notice to the participant that he or she has failed to make one or more payments and that the participant has 30 days to either resume making payments or to request that the agency change the payment amount. If the participant fails to respond to the notice within 30 days, the appropriate agency may refer the participant to the Franchise Tax Board for collection of any remaining balance owed, including an amount equal to the reasonable administrative costs incurred by the Franchise Tax Board to collect the delinquent amount owed. The Franchise Tax Board shall collect any delinquent amounts owed pursuant to existing protocols prescribed by the Franchise Tax Board. The comprehensive collection program may also utilize additional collection efforts pursuant to Section 1463.007 of the Penal Code, except for subparagraph (C) of paragraph (4) of subdivision (c) of that section. -(4) A plan for outreach that will, at a minimum, make available via an Internet Web site relevant information regarding the amnesty program, including how an individual may participate in the amnesty program. -(5) The Judicial Council shall reimburse costs incurred by the Department of Motor Vehicles up to an amount not to exceed two hundred fifty thousand dollars ($250,000), including all of the following: -(A) Providing on a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program established pursuant to this section that is compliant with Section 7292 of the Government Code. -(B) Posting on the department’s Internet Web site information regarding the amnesty program. -(C) Personnel costs associated with the amnesty program. -(j) The Judicial Council, in consultation with the department, may, within its existing resources, consider, adopt, or develop recommendations for an appropriate mechanism or mechanisms to allow reinstatement of the driving privilege of any person who otherwise meets the criteria for amnesty but who has violations in more than one county. -(k) No criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program. -(l) (1) The total amount of funds collected under the amnesty program shall, as soon as practical after receipt thereof, be deposited in the county treasury or the account established under Section 77009 of the Government Code. After acceptance of the amount specified in subdivision (h), notwithstanding Section 1203.1d of the Penal Code, the remaining revenues collected under the amnesty program shall be distributed on a pro rata basis in the same manner as a partial payment distributed pursuant to Section 1462.5 of the Penal Code. -(2) Notwithstanding Section 1464 of the Penal Code, the amount of funds collected pursuant to this section that would be available for distribution pursuant to subdivision (f) of Section 1464 of the Penal Code shall instead be distributed as follows: -(A) The first two hundred fifty thousand dollars ($250,000) received shall be transferred to the Judicial Council. -(B) Following the transfer of the funds described in subparagraph (A), once a month, both of the following transfers shall occur: -(i) An amount equal to 82.20 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Peace Officers’ Training Fund. -(ii) An amount equal to 17.80 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Corrections Training Fund. -(m) Each court or county implementing an amnesty program shall file, not later than May 31, 2017, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. Notwithstanding Section 10231.5 of the Government Code, on or before August 31, 2017, the Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to ensure orderly administration and implementation of the amnesty program for Vehicle Code violations as soon as possible, it is necessary that this measure take effect immediately.","Existing law authorizes the court, in addition to any other penalty in an infraction, misdemeanor, or felony case, to impose a civil assessment of up to $300 against any defendant who fails, after notice and without good cause, to appear in court for any proceeding authorized by law, or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail, as specified. Existing law provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning notice to the defendant, and requires the court, if the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, to vacate the assessment. -This bill would instead provide that the assessment would not become effective until at least 20 calendar days after the court mails a warning notice to the defendant. The bill would provide that payment of bail, fines, penalties, fees, or a civil assessment is not required in order for the court to vacate the assessment at the time the person makes an appearance, as specified. The bill would also provide that payment of a civil assessment is not required to schedule a court hearing on a pending underlying charge. -Existing law requires a county to establish an amnesty program for fines and bail initially due on or before January 1, 2013, for Vehicle Code infractions to be conducted in accordance with guidelines adopted by the Judicial Council. Existing law requires the program to accept payments from October 1, 2015, to March 31, 2017, inclusive. Eligibility criteria for the program include, among other things, that the person is not currently making payments to a comprehensive collection program for fines or bail already due, as specified. -This bill would revise that criterion to make a person eligible for the program if he or she has not made any payments after September 30, 2015, to a comprehensive collection program for fines or bail already due. The bill would authorize the Judicial Council to consider, adopt, or develop recommendations for an appropriate mechanism to allow reinstatement of the driving privileges of a person who otherwise meets the criteria for amnesty but who has violations in more than one county. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 1214.1 of the Penal Code, and to amend Section 42008.8 of the Vehicle Code, relating to crimes, and declaring the urgency thereof, to take effect immediately." -113,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12945.2 of the Government Code is amended to read: -12945.2. -(a) Except as provided in subdivision (b), it is an unlawful employment practice for an employer to refuse to grant a request by any employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period, to take up to a total of 12 workweeks in any 12-month period for family care and medical leave. Family care and medical leave requested pursuant to this subdivision shall not be deemed to have been granted unless the employer provides the employee, upon granting the leave request, a guarantee of employment in the same or a comparable position upon the termination of the leave. The commission shall adopt a regulation specifying the elements of a reasonable request. -(b) Notwithstanding subdivision (a), it shall not be an unlawful employment practice for an employer to refuse to grant a request for family care and medical leave by an employee if the employer employs fewer than 50 employees within 75 miles of the worksite where that employee is employed. -(c) For purposes of this section: -(1) “Child” means a biological, adopted, or foster son or daughter, a stepchild, a legal ward, a son or daughter of a domestic partner, or a person to whom the employee stands in loco parentis. -(2) “Employer” means either of the following: -(A) Any person who directly employs 50 or more persons to perform services for a wage or salary. -(B) The state, and any political or civil subdivision of the state and cities. -(3) “Family care and medical leave” means any of the following: -(A) Leave for reason of the birth of a child of the employee or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. -(B) Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition. -(C) Leave because of an employee’s own serious health condition that makes the employee unable to perform the functions of the position of that employee, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions. -(4) “Employment in the same or a comparable position” means employment in a position that has the same or similar duties and pay that can be performed at the same or similar geographic location as the position held prior to the leave. -(5) “FMLA” means the federal Family and Medical Leave Act of 1993 (Public Law 103-3; 29 U.S.C. Sec. 2601 et seq.). -(6) “Health care provider” means any of the following: -(A) An individual holding either a physician’s and surgeon’s certificate issued pursuant to Article 4 (commencing with Section 2080) of Chapter 5 of Division 2 of the Business and Professions Code, an osteopathic physician’s and surgeon’s certificate issued pursuant to Article 4.5 (commencing with Section 2099.5) of Chapter 5 of Division 2 of the Business and Professions Code, or an individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, who directly treats or supervises the treatment of the serious health condition. -(B) Any other person determined by the United States Secretary of Labor to be capable of providing health care services under the FMLA. -(7) “Parent” means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. -(8) “Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves either of the following: -(A) Inpatient care in a hospital, hospice, or residential health care facility. -(B) Continuing treatment or continuing supervision by a health care provider. -(d) An employer shall not be required to pay an employee for any leave taken pursuant to subdivision (a), except as required by subdivision (e). -(e) An employee taking a leave permitted by subdivision (a) may elect, or an employer may require the employee, to substitute, for leave allowed under subdivision (a), any of the employee’s accrued vacation leave or other accrued time off during this period or any other paid or unpaid time off negotiated with the employer. If an employee takes a leave because of the employee’s own serious health condition, the employee may also elect, or the employer may also require the employee, to substitute accrued sick leave during the period of the leave. However, an employee shall not use sick leave during a period of leave in connection with the birth, adoption, or foster care of a child, or to care for a child, parent, or spouse with a serious health condition, unless mutually agreed to by the employer and the employee. -(f) (1) During any period that an eligible employee takes leave pursuant to subdivision (a) or takes leave that qualifies as leave taken under the FMLA, the employer shall maintain and pay for coverage under a “group health plan,” as defined in Section 5000(b)(1) of the Internal Revenue Code, for the duration of the leave, not to exceed 12 workweeks in a 12-month period, commencing on the date leave taken under the FMLA commences, at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. Nothing in the preceding sentence shall preclude an employer from maintaining and paying for coverage under a “group health plan” beyond 12 workweeks. An employer may recover the premium that the employer paid as required by this subdivision for maintaining coverage for the employee under the group health plan if both of the following conditions occur: -(A) The employee fails to return from leave after the period of leave to which the employee is entitled has expired. -(B) The employee’s failure to return from leave is for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave under subdivision (a) or other circumstances beyond the control of the employee. -(2) (A) Any employee taking leave pursuant to subdivision (a) shall continue to be entitled to participate in employee health plans for any period during which coverage is not provided by the employer under paragraph (1), employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, pension and retirement plans, and supplemental unemployment benefit plans to the same extent and under the same conditions as apply to an unpaid leave taken for any purpose other than those described in subdivision (a). In the absence of these conditions an employee shall continue to be entitled to participate in these plans and, in the case of health and welfare employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, or other similar plans, the employer at his or her discretion, may require the employee to pay premiums, at the group rate, during the period of leave not covered by any accrued vacation leave, or other accrued time off, or any other paid or unpaid time off negotiated with the employer, as a condition of continued coverage during the leave period. However, the nonpayment of premiums by an employee shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan. -(B) For purposes of pension and retirement plans, an employer shall not be required to make plan payments for an employee during the leave period, and the leave period shall not be required to be counted for purposes of time accrued under the plan. However, an employee covered by a pension plan may continue to make contributions in accordance with the terms of the plan during the period of the leave. -(g) During a family care and medical leave period, the employee shall retain employee status with the employer, and the leave shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan. An employee returning from leave shall return with no less seniority than the employee had when the leave commenced, for purposes of layoff, recall, promotion, job assignment, and seniority-related benefits such as vacation. -(h) If the employee’s need for a leave pursuant to this section is foreseeable, the employee shall provide the employer with reasonable advance notice of the need for the leave. -(i) If the employee’s need for leave pursuant to this section is foreseeable due to a planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment or supervision to avoid disruption to the operations of the employer, subject to the approval of the health care provider of the individual requiring the treatment or supervision. -(j) (1) An employer may require that an employee’s request for leave to care for a child, a spouse, or a parent who has a serious health condition be supported by a certification issued by the health care provider of the individual requiring care. That certification shall be sufficient if it includes all of the following: -(A) The date on which the serious health condition commenced. -(B) The probable duration of the condition. -(C) An estimate of the amount of time that the health care provider believes the employee needs to care for the individual requiring the care. -(D) A statement that the serious health condition warrants the participation of a family member to provide care during a period of the treatment or supervision of the individual requiring care. -(2) Upon expiration of the time estimated by the health care provider in subparagraph (C) of paragraph (1), the employer may require the employee to obtain recertification, in accordance with the procedure provided in paragraph (1), if additional leave is required. -(k) (1) An employer may require that an employee’s request for leave because of the employee’s own serious health condition be supported by a certification issued by his or her health care provider. That certification shall be sufficient if it includes all of the following: -(A) The date on which the serious health condition commenced. -(B) The probable duration of the condition. -(C) A statement that, due to the serious health condition, the employee is unable to perform the function of his or her position. -(2) The employer may require that the employee obtain subsequent recertification regarding the employee’s serious health condition on a reasonable basis, in accordance with the procedure provided in paragraph (1), if additional leave is required. -(3) (A) In any case in which the employer has reason to doubt the validity of the certification provided pursuant to this section, the employer may require, at the employer’s expense, that the employee obtain the opinion of a second health care provider, designated or approved by the employer, concerning any information certified under paragraph (1). -(B) The health care provider designated or approved under subparagraph (A) shall not be employed on a regular basis by the employer. -(C) In any case in which the second opinion described in subparagraph (A) differs from the opinion in the original certification, the employer may require, at the employer’s expense, that the employee obtain the opinion of a third health care provider, designated or approved jointly by the employer and the employee, concerning the information certified under paragraph (1). -(D) The opinion of the third health care provider concerning the information certified under paragraph (1) shall be considered to be final and shall be binding on the employer and the employee. -(4) As a condition of an employee’s return from leave taken because of the employee’s own serious health condition, the employer may have a uniformly applied practice or policy that requires the employee to obtain certification from his or her health care provider that the employee is able to resume work. Nothing in this paragraph shall supersede a valid collective bargaining agreement that governs the return to work of that employee. -(l) It shall be an unlawful employment practice for an employer to refuse to hire, or to discharge, fine, suspend, expel, or discriminate against, any individual because of any of the following: -(1) An individual’s exercise of the right to family care and medical leave provided by subdivision (a). -(2) An individual’s giving information or testimony as to his or her own family care and medical leave, or another person’s family care and medical leave, in any inquiry or proceeding related to rights guaranteed under this section. -(m) This section shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until January 1, 1993, whichever occurs first. -(n) The amendments made to this section by Chapter 827 of the Statutes of 1993 shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until February 5, 1994, whichever occurs first. -(o) This section shall be construed as separate and distinct from Section 12945. -(p) Leave provided for pursuant to this section may be taken in one or more periods. The 12-month period during which 12 workweeks of leave may be taken under this section shall run concurrently with the 12-month period under the FMLA, and shall commence the date leave taken under the FMLA commences. -(q) (1) Notwithstanding subdivision (a), an employer may refuse to reinstate an employee returning from leave to the same or a comparable position if all of the following apply: -(A) The employee is a salaried employee who is among the highest paid 10 percent of the employer’s employees who are employed within 75 miles of the worksite at which that employee is employed. -(B) The refusal is necessary to prevent substantial and grievous economic injury to the operations of the employer. -(C) The employer notifies the employee of the intent to refuse reinstatement at the time the employer determines the refusal is necessary under subparagraph (B). -(2) In any case in which the leave has already commenced, the employer shall give the employee a reasonable opportunity to return to work following the notice prescribed by subparagraph (C). -(r) Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the FMLA, except for any leave taken under the FMLA for disability on account of pregnancy, childbirth, or related medical conditions. The aggregate amount of leave taken under this section or the FMLA, or both, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions, shall not exceed 12 workweeks in a 12-month period. An employee is entitled to take, in addition to the leave provided for under this section and the FMLA, the leave provided for in Section 12945, if the employee is otherwise qualified for that leave. -(s) It is an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.","The Moore-Brown-Roberti Family Rights Act makes it an unlawful employment practice for an employer to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 12-month period (1) to bond with a child who was born to, adopted by, or placed for foster care with, the employee, (2) to care for the employee’s parent, spouse, or child who has a serious health condition, as defined, or (3) because the employee is suffering from a serious health condition rendering him or her unable to perform the functions of the job. The act provides that if the same employer employs both parents entitled to leave under the act, the employer is not required to grant leave in connection with the birth, adoption, or foster care of a child that would allow the parents family care and medical leave totaling more than the amount specified in the act. -The act defines “child” to mean a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age or an adult dependent child. The act defines “family care and medical leave” to mean, among other things, leave for reason of the serious health condition of a child, and leave to care for a parent or a spouse who has a serious health condition. The act defines “parent” to mean a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. -This bill would make various changes to the definitions described above, thereby expanding the persons and purposes for which leave is required to be provided under the act. The bill would redefine the term “child” to include a biological, adopted, or foster son or daughter, a stepchild, a legal ward, a son or daughter of a domestic partner, or a person to whom the employee stands in loco parentis, and would remove the restriction on age or dependent status. The bill would expand the definition of leave with regard to caring for persons with a serious health condition to also include leave to care for a grandparent, grandchild, sibling, or domestic partner who has a serious health condition. The bill would include a parent-in-law in the definition of “parent.”","An act to amend Section 12945.2 of the Government Code, relating to employment." -114,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14134.5 of the Welfare and Institutions Code is amended to read: -14134.5. -All of the following provisions apply to the provision of services pursuant to subdivision (u) of Section 14132: -(a) “Comprehensive perinatal provider” means any general practice physician, family practice physician, obstetrician-gynecologist, pediatrician, certified nurse midwife, a group, any of whose members is one of the above-named providers, or any preferred provider organization or clinic enrolled in the Medi-Cal program and certified pursuant to the standards of this section. -(b) “Perinatal” means the period from the establishment of pregnancy to one month following delivery. -(c) “Comprehensive perinatal services” shall include, but not be limited to, the provision of the combination of services developed through the former Department of Health Services Obstetrical Access Pilot Program provided or coordinated by a comprehensive perinatal provider. -(d) The comprehensive perinatal provider shall schedule visits with appropriate providers and shall track the patient to verify whether services have been received. As part of the reimbursement for coordinating these services, the comprehensive perinatal provider shall ensure the provision of the following services either through the provider’s own service or through subcontracts or referrals to other providers: -(1) A psychosocial assessment and when appropriate referrals to counseling. -(2) Nutrition assessments and when appropriate referral to counseling on food supplement programs, vitamins, and breastfeeding. -(3) Health, childbirth, and parenting education. -(e) (1) Except where existing law prohibits the employment of physicians, a health care provider may employ or contract with all of the following medical and other practitioners for the purpose of providing the comprehensive services delineated in this section: -(A) Physicians, including a general practitioner, a family practice physician, a pediatrician, or an obstetrician-gynecologist. -(B) Certified nurse midwives. -(C) Licensed midwives. -(D) Nurses. -(E) Nurse practitioners. -(F) Physician assistants. -(G) Social workers. -(H) Health and childbirth educators. -(I) Registered dietitians. -(2) The department shall adopt regulations that define the qualifications of any of these practitioners who are not currently included under the regulations adopted pursuant to this chapter. Providers shall, as feasible, utilize staffing patterns that reflect the linguistic and cultural features of the populations they serve. -(f) The California Medical Assistance Program and the Maternal and Child Health Branch of the State Department of Public Health in consultation with the California Conference of Local Health Officers shall establish standards for health care providers and for services rendered pursuant to this subdivision. -(g) The department shall assist local health departments to establish a community perinatal program whose responsibilities may include certifying and monitoring providers of comprehensive perinatal services. The department shall provide the local health departments with technical assistance for the purpose of implementing the community perinatal program. The department shall, to the extent feasible, and to the extent funding for administrative costs is available, utilize local health departments in the administration of the perinatal program. If these funds are not available, the department shall use alternative means to implement the community perinatal program. -(h) (1) It is the intent of the Legislature that the department shall establish a method for reimbursement of comprehensive perinatal providers that shall include a fee for coordinating services and shall be sufficient to cover reasonable costs for the provision of comprehensive perinatal services. The department may utilize fees for service, capitated fees, or global fees to reimburse providers. However, if capitated or global fees are established, the department shall set minimum standards for the provision of services including, but not limited to, the number of prenatal visits and the amount and type of psychosocial, nutritional, and educational services patients shall receive. -(2) Notwithstanding the type of reimbursement system, the comprehensive perinatal provider shall not be financially at risk for the provision of inpatient services. The provision of inpatient services that are not related to perinatal care shall not be subject to the provisions of this section. Inpatient services related to services pursuant to this subdivision shall be reimbursed, in accordance with Section 14081, 14086, 14087, or 14087.2, whichever is applicable. -(i) The department shall develop systems for the monitoring and oversight of the comprehensive perinatal services provided in this section. The monitoring shall include, but shall not be limited to, the collection of information using the perinatal data form. -(j) Participation for services provided pursuant to this section shall be voluntary. The department shall adopt patient rights safeguards for recipients of the comprehensive perinatal services. -(k) The amendments made to this section by the act that added this subdivision shall not be construed to revise or expand the scope of practice of licensed midwives, as defined in Article 24 (commencing with Section 2505) of Chapter 5 of Division 2 of the Business and Professions Code. -(l) Notwithstanding subdivision (a), on the effective date of the regulations adopted by the Medical Board of California pursuant to Section 2507 of the Business and Professions Code, a licensed midwife shall be eligible to serve as a comprehensive perinatal provider. -SEC. 2. -The State Department of Health Care Services shall commence, no later than March 1, 2016, the revision of existing regulations as it determines are necessary for the implementation of the amendments made to Section 14134.5 of the Welfare and Institutions Code by this act, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including comprehensive perinatal services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, to the extent that federal financial participation is available, requires that midwifery services provided by a licensed midwife be covered under the Medi-Cal program. -Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensure of midwives by the Medical Board of California. Existing law authorizes a licensed midwife to assist a woman only in normal pregnancy and childbirth, which is defined as meeting specified conditions, including, among others, a pregnancy in which there is an absence of any preexisting maternal disease or condition likely to affect the pregnancy and of significant disease arising from the pregnancy. Existing law requires the board to adopt regulations further specifying those conditions. -Existing law establishes the Comprehensive Perinatal Services Program, administered by the State Department of Public Health, to maintain, to the extent resources are available, a permanent statewide community-based comprehensive perinatal system to provide care and services to low-income pregnant women and their infants who are considered underserved in terms of comprehensive perinatal care. Existing law generally authorizes a health care provider to employ or contract specified practitioners, including physicians and certified nurse midwives, for the purpose of providing comprehensive perinatal services. -This bill would additionally authorize a health care provider to employ or contract licensed midwives for the purpose of providing comprehensive perinatal services. The bill would provide that, on the effective date of the regulations adopted by the board pursuant to the provisions described above, a licensed midwife shall be eligible to serve as a “comprehensive perinatal provider,” as defined. The bill would declare that its provisions shall not be construed to revise or expand the scope of practice, as defined, of licensed midwives. The bill would require the State Department of Health Care Services to commence, no later than March 1, 2016, the revision of existing regulations as it determines are necessary for the implementation of this bill.","An act to amend Section 14134.5 of the Welfare and Institutions Code, relating to Medi-Cal." -115,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2516.5 is added to the Business and Professions Code, to read: -2516.5. -(a) As used in this section, the following definitions apply: -(1) “Midwife assistant” means a person, who may be unlicensed, who performs basic administrative, clerical, and midwife technical supportive services in accordance with this chapter for a licensed midwife or certified nurse-midwife, is at least 18 years of age, and has had at least the minimum amount of hours of appropriate training pursuant to standards established by the board for a medical assistant pursuant to Section 2069. The midwife assistant shall be issued a certificate by the training institution or instructor indicating satisfactory completion of the required training. Each employer of the midwife assistant or the midwife assistant shall retain a copy of the certificate as a record. -(2) “Midwife technical supportive services” means simple routine medical tasks and procedures that may be safely performed by a midwife assistant who has limited training and who functions under the supervision of a licensed midwife or certified nurse-midwife. -(3) “Specific authorization” means a specific written order prepared by the supervising midwife or supervising nurse-midwife authorizing the procedures to be performed on a patient, which shall be placed in the patient’s medical record, or a standing order prepared by the supervising midwife or supervising nurse-midwife authorizing the procedures to be performed. A notation of the standing order shall be placed in the patient’s medical record. -(4) “Supervision” means the supervision of procedures authorized by this section by a licensed midwife or certified nurse-midwife, within his or her scope of practice, who is physically present on the premises during the performance of those procedures. -(b) Notwithstanding any other provision of law, a midwife assistant may do all of the following: -(1) Administer medication only by intradermal, subcutaneous, or intramuscular injections and perform skin tests and additional technical support services upon the specific authorization and supervision of a licensed midwife or certified nurse-midwife. A midwife assistant may also perform all these tasks and services in a clinic licensed in accordance with subdivision (a) of Section 1204 of the Health and Safety Code upon the specific authorization of a licensed midwife or certified nurse-midwife. -(2) Perform venipuncture or skin puncture for the purposes of withdrawing blood upon specific authorization and under the supervision of a licensed midwife or certified nurse-midwife, if the midwife assistant has met the educational and training requirements for medical assistants as established in Section 2070. Each employer of the assistant shall retain a copy of any related certificates as a record. -(3) Perform the following midwife technical support services: -(A) Administer medications orally, sublingually, topically, or rectally, or by providing a single dose to a patient for immediate self-administration, and administer oxygen at the direction of the supervising licensed midwife or certified nurse-midwife. The licensed midwife or certified nurse-midwife shall verify the correct medication and dosage before the midwife assistant administers medication. -(B) Assist in immediate newborn care when the licensed midwife or certified nurse-midwife is engaged in a concurrent activity that precludes the licensed midwife or certified nurse-midwife from doing so. -(C) Assist in placement of the device used for auscultation of fetal heart tones when a licensed midwife or certified nurse-midwife is engaged in a concurrent activity that precludes the licensed midwife or certified nurse-midwife from doing so. -(D) Collect by noninvasive techniques and preserve specimens for testing, including, but not limited to, urine. -(E) Assist patients to and from a patient examination room, bed, or bathroom. -(F) Assist patients in activities of daily living, such as assisting with bathing or clothing. -(G) As authorized by the licensed midwife or certified nurse-midwife, provide patient information and instructions. -(H) Collect and record patient data, including height, weight, temperature, pulse, respiration rate, blood pressure, and basic information about the presenting and previous conditions. -(I) Perform simple laboratory and screening tests customarily performed in a medical or midwife office. -(4) Perform additional midwife technical support services under regulations and standards established by the board. -(c) (1) Nothing in this section shall be construed as authorizing the licensure of midwife assistants. Nothing in this section shall be construed as authorizing the administration of local anesthetic agents by a midwife assistant. Nothing in this section shall be construed as authorizing the board to adopt any regulations that violate the prohibitions on diagnosis or treatment in Section 2052. -(2) Nothing in this section shall be construed as authorizing a midwife assistant to perform any clinical laboratory test or examination for which he or she is not authorized under Chapter 3 (commencing with Section 1200). -(d) Notwithstanding any other law, a midwife assistant shall not be employed for inpatient care in a licensed general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Licensed Midwifery Practice Act of 1993 provides for the licensing and regulation of midwives by the Medical Board of California. The license to practice midwifery authorizes the holder to attend cases of normal childbirth and to provide prenatal, intrapartum, and postpartum care, including family planning care, for the mother, and immediate care for the newborn. The Licensed Midwifery Practice Act of 1993 requires a midwife to refer to a physician and surgeon under prescribed circumstances. A violation of the Licensed Midwifery Practice Act of 1993 is a crime. -The Nursing Practice Act provides for the licensure and regulation of the practice of nursing by the Board of Registered Nursing and authorizes the board to issue a certificate to practice nurse-midwifery to a person who meets educational standards established by the board or the equivalent of those educational standards. The Nursing Practice Act authorizes a certified nurse-midwife, under the supervision of a licensed physician and surgeon, to attend cases of normal childbirth and to provide prenatal, intrapartum, and postpartum care, including family-planning care, for the mother, and immediate care for the newborn, and provides that the practice of nurse-midwifery constitutes the furthering or undertaking by a certified person, under the supervision of a licensed physician and surgeon who has current practice or training in obstetrics, to assist a woman in childbirth so long as progress meets criteria accepted as normal. -This bill would authorize a midwife assistant to perform certain assistive activities under the supervision of a licensed midwife or certified nurse-midwife, including the administration of medicine, the withdrawing of blood, and midwife technical support services. The bill would define terms for these purposes. The bill would prohibit a midwife assistant from being employed for inpatient care in a licensed general acute care hospital. By adding new requirements and prohibitions to the Licensed Midwifery Practice Act of 1993, the violation of which would be a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 2516.5 to the Business and Professions Code, relating to healing arts." -116,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 69 of the Penal Code is amended to read: -69. -(a) Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law, or who knowingly resists, by the use of force or violence, the officer, in the performance of his or her duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment. -(b) The fact that a person takes a photograph or makes an audio or video recording of an executive officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a). -SEC. 2. -Section 148 of the Penal Code is amended to read: -148. -(a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. -(2) Except as provided by subdivision (d) of Section 653t, every person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a public safety radio frequency shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. -(b) Every person who, during the commission of any offense described in subdivision (a), removes or takes any weapon, other than a firearm, from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170. -(c) Every person who, during the commission of any offense described in subdivision (a), removes or takes a firearm from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. -(d) Except as provided in subdivision (c) and notwithstanding subdivision (a) of Section 489, every person who removes or takes without intent to permanently deprive, or who attempts to remove or take a firearm from the person of, or immediate presence of, a public officer or peace officer, while the officer is engaged in the performance of his or her lawful duties, shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170. -In order to prove a violation of this subdivision, the prosecution shall establish that the defendant had the specific intent to remove or take the firearm by demonstrating that any of the following direct, but ineffectual, acts occurred: -(1) The officer’s holster strap was unfastened by the defendant. -(2) The firearm was partially removed from the officer’s holster by the defendant. -(3) The firearm safety was released by the defendant. -(4) An independent witness corroborates that the defendant stated that he or she intended to remove the firearm and the defendant actually touched the firearm. -(5) An independent witness corroborates that the defendant actually had his or her hand on the firearm and tried to take the firearm away from the officer who was holding it. -(6) The defendant’s fingerprint was found on the firearm or holster. -(7) Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm. -(8) In the course of any struggle, the officer’s firearm fell and the defendant attempted to pick it up. -(e) A person shall not be convicted of a violation of subdivision (a) in addition to a conviction of a violation of subdivision (b), (c), or (d) when the resistance, delay, or obstruction, and the removal or taking of the weapon or firearm or attempt thereof, was committed against the same public officer, peace officer, or emergency medical technician. A person may be convicted of multiple violations of this section if more than one public officer, peace officer, or emergency medical technician are victims. -(f) This section shall not apply if the public officer, peace officer, or emergency medical technician is disarmed while engaged in a criminal act. -(g) The fact that a person takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a), nor does it constitute reasonable suspicion to detain the person or probable cause to arrest the person.","Under existing law, every person who deters or prevents an executive officer from performing any of his or her duties, or knowingly resists the officer, is punishable by a fine or imprisonment, or both, as specified. -This bill would provide that the fact that a person takes a photograph or makes an audio or video recording of an executive officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, is not, in and of itself, a violation of the above-mentioned provision. -Under existing law, every person who willfully resists, delays, or obstructs any public officer, peace officer, or emergency medical technician in the discharge or attempt to discharge any of his or her duties shall be punished by a fine or imprisonment, or both, as specified. -This bill would provide that the fact that a person takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, is not, in and of itself, a violation of the above-mentioned provision, nor does it constitute reasonable suspicion to detain the person or probable cause to arrest the person.","An act to amend Sections 69 and 148 of the Penal Code, relating to crimes." -117,"The people of the State of California do enact as follows: - - -SECTION 1. -Part 40.2 (commencing with Section 67430) is added to Division 5 of Title 3 of the Education Code, to read: -PART 40.2. THE CALIFORNIA PROMISE -67430. -This part shall be known, and may be cited, as the California Promise. -67431. -For purposes of this part, the following terms have the following meanings: -(a) “Academic year of the student’s first year of enrollment” means the first full academic year in which a person is a student at the California State University. -(b) “Campus” means a campus within the California State University system as set forth in Section 89001. -(c) “Transfer student” is a student who earned an associate degree for transfer from a California community college. -(d) “Trustees” means the Trustees of the California State University. -67432. -The California Promise is hereby established to support California State University students in earning a baccalaureate degree within four academic years of the student’s first year of enrollment or, for transfer students within two academic years of the student’s first year of enrollment to the campus. -67433. -The Legislature finds and declares all of the following: -(a) A more concerted, statewide effort to create pathways to four-year graduation is needed at the California State University. For the 2010 cohort of full-time, first-time students at the California State University, 19 percent graduated within four academic years. According to the Legislative Analyst’s Office, the most recent nationally comparable data shows that the California State University’s overall four-year graduation rate was 16 percent in 2011, below the national rate of 26 percent among similar public institutions. -(b) Impediments students face in graduating within four academic years include the inability to complete sufficient units per academic year or take courses that are part of their degree programs. -(c) New approaches are critical for the future of higher education in California. Efforts have been ongoing, though sporadic, to improve postsecondary educational institution enrollment and graduation. These efforts will need to be intensified and made more broadly systemic. -(d) Students who graduate within four academic years save tens of thousands of dollars. In addition to the direct costs of extended college and university enrollment, students miss out on earnings in the workforce while they remain in school. -(e) According to the Public Policy Institute of California, if bold measures are not taken, California will fall short of the state’s economic demand by 1.1 million college and university graduates by 2030. An increased demand for highly educated workers will outweigh the number of qualified applicants for available jobs, which will be exacerbated when scores of highly educated baby boomers retire. The share of workers with a baccalaureate degree will be 33 percent in 2030, below the 38 percent that will be needed. -(f) The impact of graduation rates from California State University campuses is felt not only throughout the state, but also the nation. One out of every 10 California employees is a California State University graduate, while one out of every 20 United States citizens with a college or university degree graduates from a campus of the California State University. These statistics emphasize the national importance of graduation rates at California State University campuses. -(g) It is the intent of the Legislature that the California State University system include the California Promise as a component of the plan submitted to the Legislature and the Department of Finance to increase graduation rates at CSU campuses above those at other institutions and increase graduation rates for low-income students, first-generation students, and students from underrepresented minority groups as quickly as possible. -(h) The California Promise programs established at the California State University in accordance with this part should aim to reflect the demographics of their respective campuses and make the benefits provided available on an equitable basis considering the populations attending each campus. -67434. -(a) The trustees shall develop and implement a California Promise program that complies with this part. -(b) Commencing with the 2017–18 academic year, a minimum of eight campuses shall have established a California Promise program by which the campus enters into a pledge with a qualifying student who is enrolled at the campus and who is not a transfer student to support the student in earning a baccalaureate degree within four academic years of the academic year of the student’s first year of enrollment. -(c) Commencing with the 2017–18 academic year, a minimum of 15 campuses shall have established a California Promise program by which the campus enters into a pledge with a qualifying transfer student to support the student in earning a baccalaureate degree program within two academic years of the student’s first year of enrollment to the campus, as applicable. -(d) Commencing with the 2018–19 academic year, a minimum of 20 campuses shall have established a California Promise program by which the campus enters into a pledge with a qualifying transfer student to support the student in earning a baccalaureate degree within two academic years of the student’s first year of enrollment to the campus, as applicable. -(e)To be a qualifying entering student or transfer student at the California State University, the student must comply with both of the following: -(1) Be a California resident for purposes of in-state tuition eligibility. -(2) Commit to completing at least 30 semester units or the quarter equivalent per academic year. Units completed by the student during a summer term may count towards the previous or following academic year as determined by the trustees. -(f) Each College Promise program shall be reviewed by a graduation initiative advisory committee of the campus or a committee with similar functions designated by the president of the campus. -(g) (1) A campus shall guarantee participation in the program to, at a minimum, any student who is any of the following: -(A) A low-income student. For purposes of this section, “low-income student” shall have the same meaning as specified in Section 89295. -(B) A student who has graduated from a high school located in a community that is underrepresented in college attendance. -(C) A student who is a first-generation college student. -(D) A transfer student. -(2) It is the intent of the Legislature that the California Promise program at each campus accommodate as many students into the program as feasible and in consideration of available funding. -(h) Support provided by a California State University campus to a student who participates in the California Promise program shall include, but not necessarily be limited to, both of the following: -(1) (A) Priority registration in coursework. -(B) For purposes of this paragraph, a student shall not receive priority registration in coursework under the program if he or she qualifies for priority registration under another policy or program, as determined by the campus or the Office of the Chancellor of the California State University. -(C) A graduation initiative advisory committee of the campus, or a committee with similar functions designated by the president of the campus, shall consider pre-existing priority registration policies when implementing this section. -(2) Academic advisement that includes monitoring the student’s academic progress. -(i) (1) The trustees shall develop application criteria, administrative guidelines, and additional requirements, including how campuses will measure student success, for purposes of implementing and administering the California Promise program. -(2) As a condition of continued participation in a California Promise program, a student may be required to demonstrate both of the following: -(A) Completion of at least 30 semester units, or the quarter equivalent, in each prior academic year. -(B) Attainment of a grade point average in excess of a standard established by the campus. -(3) In implementing this part, the trustees shall take into consideration the report on graduation rates required pursuant to Item 6610-001-0001 of Section 2.00 of the Budget Act of 2016. -(j) (1) The trustees shall submit a report to the appropriate policy and fiscal committees of the Legislature by July 1, 2021, that includes all of the following: -(A) The number of students participating in the program in total, by campus, and disaggregated based on the following: -(i) Whether the student entered as a first-time freshman or a transfer student. -(ii) Whether the student is a first-generation college student. -(iii) Whether the student is a recipient of financial aid under the Federal Pell Grant Program (20 U.S.C. Sec. 1070a) or the Cal Grant Program established in Chapter 1.7 (commencing with Section 69430) of Part 42. -(iv) According to the student’s ethnicity. -(B) The total number of students who graduated in four academic years for students who entered as first-time freshmen, and two academic years, for students who entered as transfer students, in total, by campus, and disaggregated based on the characteristics identified in clauses (i) to (iv), inclusive, or subparagraph (A). -(2) The report required by paragraph (1) shall include a summary description of significant differences in the implementation of the California Promise program at each campus. -(k) The trustees shall submit recommendations to the appropriate policy and fiscal committees of the Legislature by March 15, 2017, regarding potential financial incentives that could benefit students who participate in the California Promise program. -(l) A student who successfully completes his or her associate degree for transfer at a community college shall be guaranteed participation in the California Promise program at the California State University transfer campus, if established. -(m) The trustees shall make every effort to close the achievement gap and encourage broad participation in a California Promise program that reflects the demographic populations served by the campus. -67435. -This part shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date.","Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as 2 of the segments of public postsecondary education in this state. -This bill would establish the California Promise, which would require specified minimum numbers of campuses of the California State University to establish a California Promise program by which the campus would enter into a pledge with a student who satisfies specified criteria to support the student in earning a baccalaureate degree within 4 academic years, or if the student is a community college transfer student who earned an associate degree for transfer, within 2 academic years, of the academic year of the student’s first year of enrollment, as specified. The bill would require the trustees to submit, by July 1, 2021, a report to the appropriate policy and fiscal committees of the Legislature that includes specified information about students who participate in the program and a summary description of significant differences in implementation of the program by campuses. The bill would require the trustees to submit recommendations, by March 15, 2017, to the appropriate policy and fiscal committees of the Legislature regarding potential financial incentives that could benefit students who participate in the program. The bill’s provisions would be repealed as of January 1, 2026.","An act to add and repeal Part 40.2 (commencing with Section 67430) of Division 5 of Title 3 of the Education Code, relating to public postsecondary education." -118,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 8670.11 is added to the Government Code, to read: -8670.11. -In addition to Section 8670.10, the administrator, in cooperation with the United States Coast Guard, shall establish a schedule of drills and exercises required pursuant to Section 155.4052 of Title 33 of the Code of Federal Regulations. The administrator shall make publicly available the established schedule. -SEC. 2. -Section 8670.12 of the Government Code is amended to read: -8670.12. -(a) The administrator shall conduct studies and evaluations necessary for improving oil spill response, containment, and cleanup and oil spill wildlife rehabilitation in waters of the state and oil transportation systems. The administrator may expend moneys from the Oil Spill Prevention and Administration Fund created pursuant to Section 8670.38, enter into consultation agreements, and acquire necessary equipment and services for the purpose of carrying out these studies and evaluations. -(b) The administrator shall, consulting current peer-reviewed published scientific literature, study the use and effects of dispersants, incineration, bioremediation, and any other methods used to respond to a spill and, by May 1, 2016, request that the federal California Dispersant Plan be updated pursuant to subdivision (d). The study shall periodically be updated by the administrator, consulting current peer-reviewed published scientific literature, to ensure the best achievable protection from the use of those methods. Based upon substantial evidence in the record, the administrator may determine in individual cases that best achievable protection is provided by establishing requirements that provide the greatest degree of protection achievable without imposing costs that significantly outweigh the incremental protection that would otherwise be provided. The studies shall do all of the following: -(1) Evaluate the effectiveness of dispersants and other chemical, bioremediation, and biological agents in oil spill response under varying environmental conditions. -(2) Evaluate potential adverse impacts on the environment and public health including, but not limited to, adverse toxic impacts on water quality, fisheries, and wildlife with consideration to bioaccumulation and synergistic impacts, and the potential for human exposure, including skin contact and consumption of contaminated seafood. -(3) Recommend appropriate uses and limitations on the use of dispersants and other chemical, bioremediation, and biological agents to ensure they are used only in situations where the administrator determines they are effective and safe. -(c) The studies shall be performed with consideration of current peer-reviewed published scientific literature and any studies performed by federal, state, and international entities. The administrator may enter into contracts for the studies. -(d) The administrator shall support the federal Regional Response Team, as described in Section 300.115 of Title 40 of the Code of Federal Regulations, in the development, and shall request regular updates, of plans and procedures for use of dispersants and other chemical agents in California. The administrator’s assistance may include, but is not limited to, providing the federal Regional Response Team with current peer-reviewed published scientific literature, and risk and consequence analysis. -SEC. 3. -Section 8670.13 of the Government Code is amended to read: -8670.13. -(a) The administrator shall periodically evaluate the feasibility of requiring new technologies to aid prevention, response, containment, cleanup, and wildlife rehabilitation. -(b) (1) On or before January 1, 2017, the administrator shall submit a report to the Legislature, pursuant to Section 9795, assessing the best achievable technology of equipment for oil spill prevention, preparedness, and response. -(2) The report shall evaluate studies of estimated recovery system potential as a methodology for rating equipment in comparison to effective daily recovery capacity. -(3) Pursuant to Section 10231.5, this subdivision is inoperative on July 1, 2020. -(c) (1) Including, but not limited to, the report prepared pursuant to subdivision (b), the administrator shall update regulations governing the adequacy of oil spill contingency plans for best achievable technologies for oil spill prevention and response no later than July 1, 2018. -(2) The updated regulations shall enhance the capabilities for prevention, response, containment, cleanup, and wildlife rehabilitation. -(d) (1) The administrator shall direct the Harbor Safety Committees, established pursuant to Section 8670.23, to assess the presence and capability of tugs within their respective geographic areas of responsibility to provide emergency towing of tank vessels and nontank vessels to arrest their drift or otherwise guide emergency transit. -(2) The assessments for harbors in the San Francisco Bay area and in Los Angeles-Long Beach area shall be initiated by May 1, 2016. The assessments for the other harbors shall be initiated by January 1, 2020. -(3) The assessment shall consider, but not be limited to, data from available United States Coast Guard Vessel Traffic Systems, relevant incident and accident data, any relevant simulation models, and identification of any transit areas where risks are higher. -(4) The assessment shall consider the condition of tank and nontank vessels calling on harbors, including the United States Coast Guard’s marine inspection program and port state control program regarding risks due to a vessel’s hull or engineering material deficiencies, or inadequate crew training and professionalism. -SEC. 4. -Section 8670.13.3 is added to the Government Code, to read: -8670.13.3. -If dispersants are used in response to an oil spill in state waters, the administrator shall provide written notification of their use to the Legislature within three days of the use. The administrator shall provide the Legislature with written justification of their use, including copies of key supporting documentation used by the federal on-scene coordinator and the federal Regional Response Team as soon as those material are released. Within two months of the use of dispersants in state waters, the administrator shall also provide a report to the Legislature on the effectiveness of the dispersants used, including, but not limited to, results of any available monitoring data to determine whether the dispersant use resulted in overall environmental benefit or harm. The written notification, justification, and report shall be submitted pursuant to Section 9795. -SEC. 5. -Section 8670.28 of the Government Code is amended to read: -8670.28. -(a) The administrator, taking into consideration the facility or vessel contingency plan requirements of the State Lands Commission, the Office of the State Fire Marshal, the California Coastal Commission, and other state and federal agencies, shall adopt and implement regulations governing the adequacy of oil spill contingency plans to be prepared and implemented under this article. All regulations shall be developed in consultation with the Oil Spill Technical Advisory Committee, and shall be consistent with the California oil spill contingency plan and not in conflict with the National Contingency Plan. The regulations shall provide for the best achievable protection of waters and natural resources of the state. The regulations shall permit the development, application, and use of an oil spill contingency plan for similar vessels, pipelines, terminals, and facilities within a single company or organization, and across companies and organizations. The regulations shall, at a minimum, ensure all of the following: -(1) All areas of state waters are at all times protected by prevention, response, containment, and cleanup equipment and operations. -(2) Standards set for response, containment, and cleanup equipment and operations are maintained and regularly improved to protect the resources of the state. -(3) All appropriate personnel employed by operators required to have a contingency plan receive training in oil spill response and cleanup equipment usage and operations. -(4) Each oil spill contingency plan provides for appropriate financial or contractual arrangements for all necessary equipment and services for the response, containment, and cleanup of a reasonable worst case oil spill scenario for each area the plan addresses. -(5) Each oil spill contingency plan demonstrates that all protection measures are being taken to reduce the possibility of an oil spill occurring as a result of the operation of the facility or vessel. The protection measures shall include, but not be limited to, response to disabled vessels and an identification of those measures taken to comply with requirements of Division 7.8 (commencing with Section 8750) of the Public Resources Code. -(6) Each oil spill contingency plan identifies the types of equipment that can be used, the location of the equipment, and the time taken to deliver the equipment. -(7) Each facility, as determined by the administrator, conducts a hazard and operability study to identify the hazards associated with the operation of the facility, including the use of the facility by vessels, due to operating error, equipment failure, and external events. For the hazards identified in the hazard and operability studies, the facility shall conduct an offsite consequence analysis that, for the most likely hazards, assumes pessimistic water and air dispersion and other adverse environmental conditions. -(8) Each oil spill contingency plan contains a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. -(9) Each oil spill contingency plan identifies the measures to be taken to protect the recreational and environmentally sensitive areas that would be threatened by a reasonable worst case oil spill scenario. -(10) Standards for determining a reasonable worst case oil spill. However, for a nontank vessel, the reasonable worst case is a spill of the total volume of the largest fuel tank on the nontank vessel. -(11) Each oil spill contingency plan specifies an agent for service of process. The agent shall be located in this state. -(b) The regulations and guidelines adopted pursuant to this section shall also include provisions to provide public review and comment on submitted oil spill contingency plans. -(c) The regulations adopted pursuant to this section shall specifically address the types of equipment that will be necessary, the maximum time that will be allowed for deployment, the maximum distance to cooperating response entities, the amounts of dispersant, and the maximum time required for application, should the use of dispersants be approved. Upon a determination by the administrator that booming is appropriate at the site and necessary to provide best achievable protection, the regulations shall require that vessels engaged in lightering operations be boomed prior to the commencement of operations. -(d) The administrator shall adopt regulations and guidelines for oil spill contingency plans with regard to mobile transfer units, small marine fueling facilities, and vessels carrying oil as secondary cargo that acknowledge the reduced risk of damage from oil spills from those units, facilities, and vessels while maintaining the best achievable protection for the public health and safety and the environment. -SEC. 6. -Section 8670.55.1 is added to the Government Code, to read: -8670.55.1. -(a) The committee shall convene a taskforce, including appropriate state and federal governmental representatives, nongovernmental organizations, oil spill response organizations, and commercial fishing and other potential vessels of opportunity, to evaluate and make recommendations regarding the feasibility of using vessels of opportunity for oil spill response in marine waters. The evaluation shall examine the following: -(1) Appropriate functions of vessels of opportunity during an oil spill. -(2) Appropriate management of a vessels of opportunity spill response program. -(3) Vessels of opportunity equipment, training, and technology needs. -(4) Liability and insurance. -(5) Compensation. -(b) As part of the evaluation, the taskforce shall hold two public meetings, one in southern California and one in northern California, prior to making final recommendations. -(c) (1) On or before January 1, 2017, the committee shall provide to the administrator and to the Legislature final recommendations on whether vessels of opportunity should be included in oil spill response planning. -(2) The recommendations provided to the Legislature shall be provided pursuant to Section 9795. -(d) If appropriate, the administrator, by January 1, 2018, shall update regulations to provide for inclusion of vessels of opportunity in the oil spill prevention, response, and preparedness program. -SEC. 7. -Section 8670.67.5 of the Government Code is amended to read: -8670.67.5. -(a) Regardless of intent or negligence, any person who causes or permits a spill shall be strictly liable civilly in accordance with subdivision (b) or (c). -(b) A penalty may be administratively imposed by the administrator in accordance with Section 8670.68 in an amount not to exceed twenty dollars ($20) per gallon for a spill. -(c) Whenever the release of oil resulted from gross negligence or reckless conduct, the administrator shall, in accordance with Section 8670.68, impose a penalty in an amount not to exceed sixty dollars ($60) per gallon for a spill.","(1) The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness, and oil spill containment and cleanup. The act authorizes the administrator to use volunteer workers in response, containment, restoration, wildlife rehabilitation, and cleanup efforts for oil spills in waters of the state. Existing law requires the administrator to evaluate the feasibility of using commercial fishermen and other mariners for oil spill containment and cleanup. -This bill would require the administrator, in cooperation with the United States Coast Guard, to establish a schedule of drills and exercises that are required under the federal Salvage and Marine Firefighting regulations. The bill would require the administrator, on or before January 1, 2017, to submit to the Legislature a report assessing the best achievable technology of equipment for oil spill prevention, preparedness, and response and to update regulations governing the adequacy of oil spill contingency plans before July 1, 2018. The bill would require the administrator to direct the Harbor Safety Committees for various regions to assess, among other things, the presence and capability of tugs within their respective regions of responsibility to provide emergency towing of tank and nontank vessels to arrest their drift or guide emergency transit. -(2) The act requires the administrator to study the use and effects of methods used to respond to oil spills and to periodically update the study to ensure the best achievable protection from the use of those methods. -This bill would require the administrator, in conducting the study and updates, to consult current peer-reviewed published scientific literature. The bill would require the administrator, by May 1, 2016, to request that the federal California Dispersant Plan be updated, as provided, and to provide support and assistance in that regard. -(3) The act requires the administrator to license oil spill cleanup agents for use in response to oil spills. -This bill would require the administrator, if dispersants are used in response to an oil spill, to submit to the Legislature a written notification of, and a written justification for, the use of dispersants and a report on the effectiveness of the dispersants used, as provided. -(4) Existing law establishes the Oil Spill Technical Advisory Committee and requires the committee to provide recommendations to, among other entities, the administrator on the implementation of the act. -This bill would require the committee to convene a taskforce to evaluate the feasibility of using vessels of opportunity for oil spill response. The bill would require the taskforce to provide recommendations to the administrator and the Legislature on whether vessels of opportunity should be included in oil spill response planning. -(5) The act makes a person who causes or permits a spill or inland spill strictly liable for specified penalties for the spill on a per-gallon-released basis. The act provides that the amount of penalty is reduced by the amount of released oil that is recovered and properly disposed of. -This bill would eliminate that reduction in the penalty by the amount of oil recovered and properly disposed of.","An act to amend Sections 8670.12, 8670.13, 8670.28, and 8670.67.5 of, and to add Sections 8670.11, 8670.13.3, and 8670.55.1 to, the Government Code, relating to oil spill response." -119,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 798.70 of the Civil Code is amended to read: -798.70. -(a) A homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person, may advertise the sale or exchange of his or her mobilehome, or, if not prohibited by the terms of an agreement with the management, may advertise the rental of his or her mobilehome, by displaying a sign in the window of the mobilehome, or by a sign posted on the side of the mobilehome facing the street, or by a sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. Any such person also may display a sign conforming to these requirements indicating that the mobilehome is on display for an “open house,” unless the park rules prohibit the display of an open house sign. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent and the sign face shall not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome pursuant to this section may be of an H-frame or A-frame design with the sign face perpendicular to, but not extending into, the street. Homeowners may attach to the sign or their mobilehome tubes or holders for leaflets which provide information on the mobilehome for sale, exchange, or rent. -(b) This section shall remain in effect only until July 1, 2016, and as of that date is repealed. -SEC. 2. -Section 798.70 is added to the Civil Code, to read: -798.70. -(a) A homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person, may advertise the sale or exchange of his or her mobilehome, or, if not prohibited by the terms of an agreement with the management, may advertise the rental of his or her mobilehome, by displaying one sign in the window of the mobilehome, or by one sign posted on the side of the mobilehome facing the street, or by one sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. Any such person also may display one sign conforming to these requirements indicating that the mobilehome is on display for an “open house,” if allowed by the park. The park may allow open houses and may establish reasonable rules or regulations governing how an open house may be conducted, including rules regarding the number of houses allowed to be open at one time, hours, and parking. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent and the sign face shall not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome pursuant to this section may be of an H-frame, A-frame, L-frame, or generally accepted yard-arm type design with the sign face perpendicular to, but not extending into, the street. Management may require the use of a step-in L-frame sign. Homeowners may attach to the sign or their mobilehome tubes or holders for leaflets that provide information on the mobilehome for sale, exchange, or rent. -(b) This section shall become operative on July 1, 2016. -SEC. 3. -Section 798.71 of the Civil Code is amended to read: -798.71. -(a) (1) The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owner’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing. -(2) Management may require that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale. If management requires that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale, failure to comply with this requirement does not invalidate a transfer. -(b) The management shall prohibit neither the listing nor the sale of a manufactured home or mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, or the agent of any such person other than the management. -(c) The management shall not require the selling homeowner, or an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, to authorize the management or any other specified broker, dealer, or person to act as the agent in the sale of a manufactured home or mobilehome as a condition of resale of the home in the park or of management’s approval of the buyer or prospective homeowner for residency in the park. -(d) The management shall not require a homeowner, who is replacing a mobilehome or manufactured home on a space in the park, in which he or she resides, to use a specific broker, dealer, or other person as an agent in the purchase of or installation of the replacement home. -(e) Nothing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers. -(f) This section shall remain in effect only until July 1, 2016, and as of that date is repealed. -SEC. 4. -Section 798.71 is added to the Civil Code, to read: -798.71. -(a) (1) The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owner’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing. -(2) Management may require that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale. If management requires that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale, failure to comply with this requirement does not invalidate a transfer. -(b) The management shall prohibit neither the listing nor the sale of a manufactured home or mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, or the agent of any such person other than the management. For purposes of this section, “listing” includes advertising the address of the home to the general public. -(c) The management shall not require the selling homeowner, or an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, to authorize the management or any other specified broker, dealer, or person to act as the agent in the sale of a manufactured home or mobilehome as a condition of resale of the home in the park or of management’s approval of the buyer or prospective homeowner for residency in the park. -(d) The management shall not require a homeowner, who is replacing a mobilehome or manufactured home on a space in the park, in which he or she resides, to use a specific broker, dealer, or other person as an agent in the purchase of or installation of the replacement home. -(e) Nothing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers. -(f) This section shall become operative on July 1, 2016. -SEC. 5. -Section 798.74 of the Civil Code is amended to read: -798.74. -(a) The management may require the right of prior approval of a purchaser of a mobilehome that will remain in the park and that the selling homeowner or his or her agent give notice of the sale to the management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the rent and charges of the park unless the management reasonably determines that, based on the purchaser’s prior tenancies, he or she will not comply with the rules and regulations of the park. In determining whether the purchaser has the financial ability to pay the rent and charges of the park, the management shall not require the purchaser to submit copies of any personal income tax returns in order to obtain approval for residency in the park. However, management may require the purchaser to document the amount and source of his or her gross monthly income or means of financial support. -Upon request of any prospective homeowner who proposes to purchase a mobilehome that will remain in the park, management shall inform that person of the information management will require in order to determine if the person will be acceptable as a homeowner in the park. -Within 15 business days of receiving all of the information requested from the prospective homeowner, the management shall notify the seller and the prospective homeowner, in writing, of either acceptance or rejection of the application, and the reason if rejected. During this 15-day period the prospective homeowner shall comply with the management’s request, if any, for a personal interview. If the approval of a prospective homeowner is withheld for any reason other than those stated in this article, the management or owner may be held liable for all damages proximately resulting therefrom. -(b) If the management collects a fee or charge from a prospective purchaser of a mobilehome in order to obtain a financial report or credit rating, the full amount of the fee or charge shall be credited toward payment of the first month’s rent for that mobilehome purchaser. If, for whatever reason, the prospective purchaser is rejected by the management, the management shall refund to the prospective purchaser the full amount of that fee or charge within 30 days from the date of rejection. If the prospective purchaser is approved by the management, but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the management may retain the fee, or a portion thereof, to defray its administrative costs under this section. -(c) This section shall remain in effect only until July 1, 2016, and as of that date is repealed. -SEC. 6. -Section 798.74 is added to the Civil Code, to read: -798.74. -(a) The management may require the right of prior approval of a purchaser of a mobilehome that will remain in the park and that the selling homeowner or his or her agent give notice of the sale to the management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the rent and charges of the park unless the management reasonably determines that, based on the purchaser’s prior tenancies, he or she will not comply with the rules and regulations of the park. In determining whether the purchaser has the financial ability to pay the rent and charges of the park, the management shall not require the purchaser to submit copies of any personal income tax returns in order to obtain approval for residency in the park. However, management may require the purchaser to document the amount and source of his or her gross monthly income or means of financial support. -Upon written request of any selling homeowner or prospective homeowner who proposes to purchase a mobilehome that will remain in the park, management shall inform that person, in writing, of the information management will require and the standards that will be utilized in determining if the person will be acceptable as a homeowner in the park. -Within 15 business days of receiving all of the information requested from the prospective homeowner, the management shall notify the seller and the prospective homeowner, in writing, of either acceptance or rejection of the application, and the reason if rejected. During this 15-day period the prospective homeowner shall comply with the management’s request, if any, for a personal interview. If the approval of a prospective homeowner is withheld for any reason other than either of the following, the management or owner may be held liable for all damages proximately resulting therefrom: -(1) Reasons stated in this article. -(2) Reasons based upon fraud, deceit, or concealment of material facts by the prospective purchaser. -(b) If the management collects a fee or charge from a prospective purchaser of a mobilehome in order to obtain a financial report or credit rating, the full amount of the fee or charge shall be credited toward payment of the first month’s rent for that mobilehome purchaser. If, for whatever reason, the prospective purchaser is rejected by the management, the management shall refund to the prospective purchaser the full amount of that fee or charge within 30 days from the date of rejection. If the prospective purchaser is approved by the management, but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the management may retain the fee, or a portion thereof, to defray its administrative costs under this section. -(c) This section shall become operative on July 1, 2016.","The Mobilehome Residency Law governs tenancies in mobilehome parks. That law, among other things, sets forth certain rights and requirements for the management and selling homeowners in connection with the listing, sale, or exchange of a mobilehome, and, if not prohibited by management, the rental of a mobilehome, including, but not limited to, authorizing the display of signs advertising the sale, exchange, or rental, and authorizing the display of an “open house” sign unless prohibited by park rules; requiring the signs to contain specified information and be of an H-frame or A-frame design; and requiring the management, upon request of a prospective homeowner, to provide the information the management will use to determine if the person will be acceptable as a homeowner in the park. Under that law, the management or owner may be held liable for damages proximately resulting from the withholding of approval of a prospective homeowner for any reason not stated in that law. -On and after July 1, 2016, this bill would no longer condition the display of an open house sign on the lack of prohibition in park rules, but would allow a park to establish reasonable rules or regulations governing the conduct of open houses, as specified; would additionally authorize a seller to display one sign of an L-frame or a generally accepted yard-arm type design; would authorize management to require the use of a step-in L-frame sign; and would define a “listing.” The bill would require the management, upon written request, to provide in writing the information and standards the management will use to review a prospective homeowner to the prospective homeowner or seller and make technical changes. The bill would additionally condition the liability for damages resulting from withholding approval of a prospective homeowner for reasons based upon fraud, deceit, or concealment of material facts by the prospective purchaser.","An act to amend, repeal, and add Sections 798.70, 798.71, and 798.74 of the Civil Code, relating to mobilehomes." -120,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7873 of the Labor Code is amended to read: -7873. -(a) As used in this section, “trade secret” means a trade secret as defined in subdivision (d) of Section 6254.7 of the Government Code or Section 1061 of the Evidence Code, and shall include the schedule submitted to the division pursuant to subdivision (b) of Section 7872 of this code, and the scheduling, duration, layout, configuration, and type of work to be performed during a turnaround. Upon completion of a turnaround, the scheduling and duration of that turnaround shall no longer be considered a trade secret. The wages, hours, benefits, job classifications, and training standards for employees performing work for petroleum refinery employers is not a trade secret. -(b) (1) If a petroleum refinery employer believes that information submitted to the division pursuant to Section 7872 may involve the release of a trade secret, the petroleum refinery employer shall nevertheless provide this information to the division. The petroleum refinery employer may, at the time of submission, identify all or a portion of the information submitted to the division as trade secret and, to the extent feasible, segregate records designated as trade secret from the other records. -(2) Subject to subdivisions (c), (d), and (g), the division shall not release to the public any information designated as a trade secret by the petroleum refinery employer pursuant to paragraph (1). -(c) (1) Upon the receipt of a request for the release of information to the public that includes information that the petroleum refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b), the division shall notify the petroleum refinery employer in writing of the request by certified mail, return receipt requested. -(2) The division shall release the requested information to the public, unless both of the following occur: -(A) Within 30 days of receipt of the notice of the request for information, the petroleum refinery employer files an action in an appropriate court for a declaratory judgment that the information is subject to protection as a trade secret, as defined in subdivision (a), and promptly notifies the division of that action. -(B) Within 120 days of receipt of the notice of the request for information, the petroleum refinery employer obtains an order prohibiting disclosure of the information to the public and promptly notifies the division of that action. -(3) This subdivision shall not be construed to allow a petroleum refinery employer to refuse to disclose the information required pursuant to this section to the division. -(d) Except as provided in subdivision (c), any information that has been designated as a trade secret by a petroleum refinery employer shall not be released to any member of the public, except that such information may be disclosed to other officers or employees of the division when relevant in any proceeding of the division. -(e) (1) The petroleum refinery employer filing an action pursuant to paragraph (2) of subdivision (c) shall provide notice of the action to the person requesting the release of the information at the same time that the defendant in the action is served. -(2) A person who has requested the release of information that includes information that the petroleum refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b) may intervene in an action by the petroleum refinery employer filed pursuant to paragraph (2) of subdivision (c). The court shall permit that person to intervene. -(f) The public agency shall not bear the court costs for any party named in litigation filed pursuant to this section. -(g) This section shall not be construed to prohibit the exchange of trade secrets between local, state, or federal public agencies or state officials when those trade secrets are relevant and reasonably necessary to the exercise of their authority. -(h) If the person requesting the release of information identified by a petroleum refinery employer as a trade secret files an action against the division to order disclosure of that information, the division shall promptly notify the petroleum refinery employer in writing of the action by certified mail, return receipt requested. The petroleum refinery employer may intervene in an action filed by the person requesting the release of trade secrets identified by the petroleum refinery employer. The court shall permit the petroleum refinery employer to intervene. -(i) An officer or employee of the division who, by virtue of that employment or official position, has possession of, or has access to, trade secret information, and who, knowing that disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to a person he or she knows is not entitled to receive it, is guilty of a misdemeanor. A contractor with the division and an employee of the contractor, who has been furnished information as authorized by this section, shall be considered an employee of the division for purposes of this section.","Existing law requires a petroleum refinery employer to, every September 15, submit to the Division of Occupational Safety and Health information regarding planned turnarounds, as defined, for the following calendar year and provide onsite access to the division for inspection. Existing law establishes procedures for the public disclosure of turnaround information designated a trade secret, including authorization for a petroleum refinery employer to seek a declaratory judgment to prevent disclosure. Existing law requires a court to award attorney’s fees to a party that prevails in an action to compel or prohibit the division from disclosing turnaround information. -This bill would delete the requirement that a person requesting the release of the above-described information, or a petroleum refinery employer seeking to prevent disclosure, name the other as a real party in interest in an applicable action. The bill would delete the requirement that a person requesting release of this information provide notice of an action to compel disclosure to the petroleum refinery employer and would instead require the division to provide that notification. The bill would instead authorize the person to intervene in a petroleum refinery employer’s declaratory relief action and require the court to permit that person to intervene. The bill would also require the court to allow the petroleum refinery employer to intervene in that action. The bill would also delete the requirement that the court award attorney’s fees.","An act to amend Section 7873 of the Labor Code, relating to refineries." -121,"The people of the State of California do enact as follows: - - -SECTION 1. -The heading of Division 26 (commencing with Section 35100) of the Public Resources Code is amended to read: -DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY -SEC. 2. -Section 35100 of the Public Resources Code is amended to read: -35100. -This division shall be known and may be cited as the Santa Clara Valley Open-Space Authority Act. -SEC. 3. -Section 35101 of the Public Resources Code is amended to read: -35101. -The Legislature hereby finds and declares all of the following: -(a) In Santa Clara County, open-space preservation and creation of a greenbelt are immediate high priorities needed to counter the continuing and serious conversion of these lands to urban uses, to preserve the quality of life in the county, and to encourage agricultural activities. -(b) In order to deal in an expeditious manner with the current serious loss of these properties, the county needs to develop and implement a local funding program involving properties occupied for urban purposes which give rise to the need for open-space preservation that goes significantly beyond current existing funding that is not adequate to resolve these losses. -(c) It is in the public interest to create the Santa Clara Valley Open-Space Authority so that local open-space preservation and greenbelting decisions can be implemented in a timely manner to provide for the acquisition and maintenance of these properties. -(d) All persons owning developed parcels enjoy the privilege of using, and benefit from, the availability of open space. -SEC. 4. -Section 35103 of the Public Resources Code is amended to read: -35103. -“Authority” means the Santa Clara Valley Open-Space Authority created pursuant to this division in the County of Santa Clara. -SEC. 5. -Section 35120 of the Public Resources Code is amended to read: -35120. -The Santa Clara Valley Open-Space Authority is hereby created on February 1, 1993. The maximum jurisdiction of the authority shall include all areas within the county, except those areas of the county presently within the boundaries, including the sphere of influence, of the Midpeninsula Regional Open-Space District. Each city situated within the maximum jurisdictional boundaries shall pass a resolution stating its intent to be included within the authority’s jurisdiction by January 15, 1993. These resolutions shall be transmitted to the board of supervisors. A city that fails to pass the resolution or that formally states its intent to not participate shall be excluded from the authority’s jurisdiction. The creation of the authority is not subject to review by the Santa Clara County Local Agency Formation Commission. -SEC. 6. -Section 35122 is added to the Public Resources Code, to read: -35122. -Notwithstanding Section 35120, after the establishment of the authority’s boundaries, the boundaries of the authority may be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, pursuant to the annexation process in the Cortese-Knox-Hertzberg Local Government Reorganizing Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). The board of supervisors of the neighboring county shall pass a resolution stating its intent to be included within the authority’s jurisdiction before any territory in that county may be annexed to the authority. -SEC. 7. -Section 35152 of the Public Resources Code is amended to read: -35152. -(a) The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authority’s jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property. -(b) Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the authority. -(c) Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section. -(d) The authority shall not validly convey an interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease. -SEC. 8. -Section 35153 of the Public Resources Code is amended to read: -35153. -The authority may exercise the right of eminent domain to take any property necessary or convenient to accomplish the purposes of this division, except that it shall not take lands in active ranching, lands in agricultural production, lands in timberland production zones that are not threatened by imminent conversion to developed uses, or lands without the authority’s jurisdiction. Furthermore, the authority shall not acquire any interest in real property by eminent domain unless the real property is contiguous to real property that is already owned by a public agency for open-space use. For purposes of this section, “owned” includes a lease or other contractual commitment to which the public agency is a party, to maintain the property in open-space use for a term of at least 25 years. The right of eminent domain may only be exercised upon the approval of a four-fifths vote of the governing board. If the property owner objects to the acquisition of his or her property by eminent domain, the property owner may, within 30 days of the governing board’s vote, file a written objection with the legislative body of the city or county in which the property is located. If the property is located in more than one city or in the county and one or more cities, the property owner shall file his or her objection with the legislative body of the city or county that includes the larger portion of the property. If the property owner files a timely written objection, the legislative body shall consider the objection at a public hearing to be held within 45 days of its receipt. If the legislative body of a city upholds by a two-thirds vote, or the legislative body of a county upholds by a majority vote, the objection by determining that the acquisition is not in the best interests of the public within the authority’s jurisdiction, the authority shall not exercise its right of eminent domain on that property.","Existing law creates the Santa Clara County Open-Space Authority, and prescribes the jurisdiction and functions and duties of the authority. Existing law authorizes the authority, among other things, to acquire, hold, and dispose of real and personal property, within the authority’s jurisdiction, necessary to the full exercise of its powers. Existing law further authorizes the authority to take by eminent domain any property necessary or convenient to accomplish the purposes of the authority, with the exception of lands in active ranching, lands in agricultural production, and lands in timberland production zones that are not threatened by imminent conversion to developed uses. Existing law provides that the maximum jurisdiction of the authority shall include all areas within the county, as provided. -This bill would authorize the authority to acquire, but not to take by eminent domain, interests in real property that are without the authority’s jurisdiction, necessary to the full exercise of its powers. The bill would also authorize the authority’s boundaries to be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, as provided. The bill would change the name of the authority to the Santa Clara Valley Open-Space Authority and make conforming changes.","An act to amend Sections 35100, 35101, 35103, 35120, 35152, and 35153 of, to amend the heading of Division 26 (commencing with Section 35100) of, and to add Section 35122 to, the Public Resources Code, relating to the Santa Clara Valley Open-Space Authority." -122,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7360 of the Revenue and Taxation Code is amended to read: -7360. -(a) (1) A tax of eighteen cents ($0.18) is hereby imposed upon each gallon of fuel subject to the tax in Sections 7362, 7363, and 7364. -(2) If the federal fuel tax is reduced below the rate of nine cents ($0.09) per gallon and federal financial allocations to this state for highway and exclusive public mass transit guideway purposes are reduced or eliminated correspondingly, the tax rate imposed by paragraph (1), on and after the date of the reduction, shall be recalculated by an amount so that the combined state rate under paragraph (1) and the federal tax rate per gallon equal twenty-seven cents ($0.27). -(3) If any person or entity is exempt or partially exempt from the federal fuel tax at the time of a reduction, the person or entity shall continue to be so exempt under this section. -(b) (1) On and after July 1, 2010, in addition to the tax imposed by subdivision (a), a tax is hereby imposed upon each gallon of motor vehicle fuel, other than aviation gasoline, subject to the tax in Sections 7362, 7363, and 7364 in an amount equal to seventeen and three-tenths cents ($0.173) per gallon. -(2) (A) For the 2011–12 fiscal year to the 2015–16 fiscal year, inclusive, -and for the 2021 -–22 fiscal year and each fiscal year thereafter, -the board shall, on or before March 1 of the fiscal year immediately preceding the applicable fiscal year, adjust the rate in paragraph (1) in that manner as to generate an amount of revenue that will equal the amount of revenue loss attributable to the exemption provided by Section 6357.7, based on estimates made by the board, and that rate shall be effective during the state’s next fiscal year. -(B) For the 2016–17 fiscal year -and each fiscal year thereafter -to the 2020 -–21 fiscal year, inclusive -, the Department of Finance shall, on or before -March 1 -May 15 -of the fiscal year immediately preceding the applicable fiscal year, adjust the rate in paragraph (1) in that manner as to generate an amount of revenue that will equal the amount of revenue loss attributable to the exemption provided by Section 6357.7, based on estimates made by the Department of Finance, and that rate shall be effective during the state’s next fiscal year. -(3) In order to maintain revenue neutrality for each year, beginning with the rate adjustment on or before March 1, 2012, the adjustment under paragraph (2) shall also take into account the extent to which the actual amount of revenues derived pursuant to this subdivision and, as applicable, Section 7361.1, the revenue loss attributable to the exemption provided by Section 6357.7 resulted in a net revenue gain or loss for the fiscal year ending prior to the rate adjustment date on or before March 1 -or May 15, as applicable -. -(4) The intent of paragraphs (2) and (3) is to ensure that Chapter 6 of the Statutes of 2011, which added this subdivision and Section 6357.7, does not produce a net revenue gain in state taxes. -(5) No later than -March 10 -May 15 -, 2016, and each -March 10 -May 15 -thereafter -to May 15, 2020 -, the Department of Finance shall notify the board of the rate adjustment effective for the state’s next fiscal year. -SEC. 2. -Section 60050 of the Revenue and Taxation Code is amended to read: -60050. -(a) (1) A tax of eighteen cents ($0.18) is hereby imposed upon each gallon of diesel fuel subject to the tax in Sections 60051, 60052, and 60058. -(2) If the federal fuel tax is reduced below the rate of fifteen cents ($0.15) per gallon and federal financial allocations to this state for highway and exclusive public mass transit guideway purposes are reduced or eliminated correspondingly, the tax rate imposed by paragraph (1), including any reduction or adjustment pursuant to subdivision (b), on and after the date of the reduction, shall be increased by an amount so that the combined state rate under paragraph (1) and the federal tax rate per gallon equal what it would have been in the absence of the federal reduction. -(3) If any person or entity is exempt or partially exempt from the federal fuel tax at the time of a reduction, the person or entity shall continue to be exempt under this section. -(b) (1) On July 1, 2011, the tax rate specified in paragraph (1) of subdivision (a) shall be reduced to thirteen cents ($0.13) and every July 1 thereafter shall be adjusted pursuant to paragraphs (2) and (3). -(2) (A) For the 2012–13 fiscal year to the 2015–16 fiscal year, inclusive, -and for the 2021 -–22 fiscal year and each fiscal year thereafter, -the board shall, on or before March 1 of the fiscal year immediately preceding the applicable fiscal year, adjust the rate reduction in paragraph (1) in that manner as to result in a revenue loss attributable to paragraph (1) that will equal the amount of revenue gain attributable to Sections 6051.8 and 6201.8, based on estimates made by the board, and that rate shall be effective during the state’s next fiscal year. -(B) For the 2016–17 fiscal year -and each fiscal year thereafter -to the 2020 -–21 fiscal year, inclusive -, the Department of Finance shall, on or before -March 1 -May 15 -of the fiscal year immediately preceding the applicable fiscal year, adjust the rate reduction in paragraph (1) in that manner as to result in a revenue loss attributable to paragraph (1) that will equal the amount of revenue gain attributable to Sections 6051.8 and 6201.8, based on estimates made by the Department of Finance, and that rate shall be effective during the state’s next fiscal year. -(3) In order to maintain revenue neutrality for each year, beginning with the rate adjustment on or before March 1, 2013, the adjustment under paragraph (2) shall take into account the extent to which the actual amount of revenues derived pursuant to Sections 6051.8 and 6201.8 and the revenue loss attributable to this subdivision resulted in a net revenue gain or loss for the fiscal year ending prior to the rate adjustment date on or before March 1 -or May 15, as applicable -. -(4) The intent of paragraphs (2) and (3) is to ensure that Chapter 6 of the Statutes of 2011, which added this subdivision and Sections 6051.8 and 6201.8, does not produce a net revenue gain in state taxes. -(5) No later than -March 10 -May 15 -, 2016, and each -March 10 -May 15 -thereafter -to May 15, 2020 -, the Department of Finance shall notify the board of the rate adjustment effective for the state’s next fiscal year","Existing law, as of July 1, 2010, exempts the sale of, and the storage, use, or other consumption of, motor vehicle fuel from specified sales and use taxes and increases the excise tax on motor vehicle fuel, as provided. -Existing law requires the State Board of Equalization, for the 2011–12 fiscal year and each fiscal year thereafter, on or before March 1 of the fiscal year immediately preceding the applicable fiscal year, to adjust the motor vehicle fuel tax rate in that manner as to generate an amount of revenue equal to the amount of revenue loss attributable to the sales and use tax exemption on motor vehicle fuel, based on estimates made by the board. Existing law also requires, in order to maintain revenue neutrality, the board to take into account actual net revenue gain or loss for the fiscal year ending prior to the rate adjustment date. Existing law requires this determined rate to be effective during the state’s next fiscal year. -This bill would, for the 2016–17 fiscal year -and each fiscal year thereafter -to the 2020 -–21 fiscal year, inclusive, on or before May 15 of the fiscal year immediately preceding the applicable fiscal year -, instead require the Department of Finance to adjust the motor vehicle fuel tax rate as described above, and would require the department to notify the board of the rate adjustment effective for the state’s next fiscal year, as provided. -Existing law, as of July 1, 2011, increases the taxes on the sale of, and the storage, use, or other consumption of, diesel fuel, and reduces the excise tax on diesel fuel. -Existing law requires the board, for the 2012–13 fiscal year and each fiscal year thereafter, on or before March 1 of the fiscal year immediately preceding the applicable fiscal year, to adjust the diesel fuel tax rate by reducing it in that manner as to result in a revenue loss that will equal the amount of revenue gain attributable to the increase in the sales and use tax rate, based on estimates made by the board. Existing law also requires, in order to maintain revenue neutrality, the board to take into account actual net revenue gain or loss for the fiscal year ending prior to the rate adjustment date. Existing law requires this determined rate to be effective during the state’s next fiscal year. -This bill would, for the 2016–17 fiscal year -and each fiscal year thereafter -to the 2020 -–21 fiscal year, inclusive, on or before May 15 of the fiscal year immediately preceding the applicable fiscal year -, instead require the Department of Finance to adjust the diesel fuel excise tax rate as described above, and would require the department to notify the board of the rate adjustment effective for the state’s next fiscal year, as provided.","An act to amend Sections 7360 and 60050 of the Revenue and Taxation Code, relating to taxation." -123,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11362.777 of the Health and Safety Code is amended to read: -11362.777. -(a) The Department of Food and Agriculture shall establish a Medical Cannabis Cultivation Program to be administered by the -secretary, -secretary and, -except as specified in subdivision (c), shall administer this section as it pertains to the cultivation of medical marijuana. For purposes of this section and Chapter 3.5 (commencing with Section 19300) -of Division 8 -of the Business and Professions Code, medical cannabis is an agricultural product. -(b) (1) A person or entity shall not cultivate medical marijuana without first obtaining both of the following: -(A) A license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur. -(B) A state license issued by the department pursuant to this section. -(2) A person or entity shall not submit an application for a state license issued by the department pursuant to this section unless that person or entity has received a license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur. -(3) A person or entity shall not submit an application for a state license issued by the department pursuant to this section if the proposed cultivation of marijuana will violate the provisions of any local ordinance or regulation, or if medical marijuana is prohibited by the city, county, or city and county in which the cultivation is proposed to occur, either expressly or otherwise under principles of permissive zoning. -(c) (1) Except as otherwise specified in this subdivision, and without limiting any other local regulation, a city, county, or city and county, through its current or future land use regulations or ordinance, may issue or deny a permit to cultivate medical marijuana pursuant to this section. A city, county, or city and county may inspect the intended cultivation site for suitability -prior to -before -issuing a permit. After the city, county, or city and county has approved a permit, the applicant shall apply for a state medical marijuana cultivation license from the department. A locally issued cultivation permit shall only become active upon licensing by the department and receiving final local approval. A person shall not cultivate medical marijuana -prior to -before -obtaining both a permit from the city, county, or city and county and a state medical marijuana cultivation license from the department. -(2) A city, county, or city and county that issues or denies conditional licenses to cultivate medical marijuana pursuant to this section shall notify the department in a manner prescribed by the secretary. -(3) A city, county, or city and county’s locally issued conditional permit requirements must be at least as stringent as the department’s state licensing requirements. -(4) If a city, county, or city and county does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, either expressly or otherwise under principles of permissive zoning, or chooses not to administer a conditional permit program pursuant to this section, then commencing March 1, 2016, the division shall be the sole licensing authority for medical marijuana cultivation applicants in that city, county, or city and county. -(d) (1) The secretary may prescribe, adopt, and enforce regulations relating to the implementation, administration, and enforcement of this part, including, but not limited to, applicant requirements, collections, reporting, refunds, and appeals. -(2) The secretary may prescribe, adopt, and enforce any emergency regulations as necessary to implement this part. Any emergency regulation prescribed, adopted, or enforced pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. -(3) The secretary may enter into a cooperative agreement with a county agricultural commissioner to carry out the provisions of this chapter, including, but not limited to, administration, investigations, inspections, licensing and assistance pertaining to the cultivation of medical marijuana. Compensation under the cooperative agreement shall be paid from assessments and fees collected and deposited pursuant to this chapter and shall provide reimbursement to the county agricultural commissioner for associated costs. -(e) (1) The department, in consultation with, but not limited to, the Bureau of Medical Marijuana Regulation, the State Water Resources Control Board, and the Department of Fish and Wildlife, shall implement a unique identification program for medical marijuana. In implementing the program, the department shall consider issues, including, but not limited to, water use and environmental impacts. In implementing the program, the department shall ensure that: -(A) Individual and cumulative effects of water diversion and discharge associated with cultivation do not affect the instream flows needed for fish spawning, migration, and rearing, and the flows needed to maintain natural flow variability. -(B) Cultivation will not negatively impact springs, riparian wetlands, and aquatic habitats. -(2) The department shall establish a program for the identification of permitted medical marijuana plants at a cultivation site during the cultivation period. The unique identifier shall be attached at the base of each plant. A unique identifier, such as, but not limited to, a zip tie, shall be issued for each medical marijuana plant. -(A) Unique identifiers will only be issued to those persons appropriately licensed by this section. -(B) Information associated with the assigned unique identifier and licensee shall be included in the trace and track program specified in Section 19335 of the Business and Professions Code. -(C) The department may charge a fee to cover the reasonable costs of issuing the unique identifier and monitoring, tracking, and inspecting each medical marijuana plant. -(D) The department may promulgate regulations to implement this section. -(3) The department shall take adequate steps to establish protections against fraudulent unique identifiers and limit illegal diversion of unique identifiers to unlicensed persons. -(f) (1) A city, county, or city and county that issues or denies licenses to cultivate medical marijuana pursuant to this section shall notify the department in a manner prescribed by the secretary. -(2) Unique identifiers and associated identifying information administered by a city or county shall adhere to the requirements set by the department and be the equivalent to those administered by the department. -(g) This section does not apply to a qualified patient cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 100 square feet and he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity. This section does not apply to a primary caregiver cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 500 square feet and he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 and does not receive remuneration for these activities, except for compensation provided in full compliance with subdivision (c) of Section 11362.765. For purposes of this section, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants on the premises. Exemption from the requirements of this section does not limit or prevent a city, county, or city and county from -regulating or banning the cultivation, storage, manufacture, transport, provision, or other activity by the exempt person, or impair the enforcement of that regulation or ban. -exercising its police power authority under Section 7 of Article XI of the California Constitution. -SECTION 1. -The Legislature finds and declares as follows: -(a)It is the intent of the Legislature in enacting this act to provide for collaboration among public payers, private health insurance carriers, third-party purchasers, health care providers, and health care consumer representatives, as necessary, to identify consistent appropriate payment methods to support chronic care management in, and to align incentives in support of, patient centered medical homes. -(b)It is the intent of the Legislature to exempt from state antitrust laws and to provide immunity from federal antitrust laws, pursuant to the state action doctrine for, any activities undertaken pursuant to this act that otherwise might be constrained by those laws. It is not the intent of the Legislature to authorize any person or entity to engage in or conspire to engage in any activity that would constitute a per se violation of state or federal antitrust laws, including, but not limited to, an agreement among competing health care providers or health insurance carriers as to the price or specific level of payment for a health care service. -(c)It is the intent of the Legislature that the state shall articulate a clear and affirmative policy describing its intent to displace competition with respect to the implementation of this act, and shall actively supervise anticompetitive conduct and its results with ongoing oversight. -SEC. 2. -Chapter 3.5 (commencing with Section 24300) is added to Division 20 of the -Health and Safety Code -, to read: -3.5. -Patient Centered Medical Home Health Care Delivery Model -24300. -The Secretary of California Health and Human Services shall convene a working group of public payers, private health insurance carriers, third-party purchasers, health care providers, and health care consumer representatives to identify appropriate payment methods to align incentives in support of patient centered medical homes. -24301. -(a)The working group convened pursuant to this chapter shall consult with, and provide recommendations to, the Legislature and relevant state agencies on all matters relating to the implementation of a patient centered medical home care model. -(b)The working group shall have the authority to do all of the following: -(1)Develop consensus on strategies for implementing the patient centered medical home care model and service delivery change at the practice, community, and health care system level. -(2)Identify ways to create alignment regarding payment, reporting, and infrastructure investments. -(3)Identify ways to utilize public and private purchasing power and ways to enable competing payers to work collaboratively to establish common patient centered medical home initiatives. -(4)Propose participation in relevant federally funded pilot and demonstration projects. -24302. -The secretary shall convene the working group only after he or she makes a determination that sufficient nonstate funds have been received to pay for all costs of implementing this chapter.","Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law, enacted by the Legislature, provides for the licensing and regulation by both state and local entities of medical marijuana and its cultivation. -Existing law requires the Department of Food and Agriculture to establish a Medical Cannabis Cultivation Program. The program prohibits a person from cultivating medical marijuana without first obtaining a state license issued by the department and a license, permit, or other entitlement specifically permitting cultivation pursuant to the program from the city, county, or city and county in which the cultivation will occur, as specified. Existing law exempts certain persons from these licensure requirements under specified conditions, but authorizes a city, county, or city and county to regulate or ban the cultivation, storage, manufacture, transport, provision, or other activity by the exempt person. -This bill would instead provide that an exemption from these licensure requirements does not limit or prevent a city, county, or city and county from exercising its police power authority under a specified provision of the California Constitution. -Existing law requires the Office of Statewide Health Planning and Development to perform various functions and duties with respect to health policy and planning and health professions development. Existing law states the Legislature’s finding that there is a need to improve the effectiveness of health care delivery systems. Existing law generally defines a medical home as a single provider, facility, or team that coordinates an individual’s health care services. -This bill would require the Secretary of California Health and Human Services to convene a working group of public payers, private health insurance carriers, 3rd-party purchasers, health care providers, and health care consumer representatives to identify appropriate payment methods to align incentives in support of patient centered medical homes. The bill would prescribe the powers and duties of the working group, including consulting with, and providing recommendations to, the Legislature and relevant state agencies on matters relating to the implementation of the patient centered medical home care model. The bill would require the secretary to convene the working group only after making a determination that sufficient nonstate funds have been received to pay for all costs of implementing the bill. -This bill would make legislative findings and declarations regarding the intent of the Legislature to exempt and immunize activities undertaken in connection with patient centered medical homes from state and federal antitrust laws, as specified.","An act to -add Chapter 3.5 (commencing with Section 24300) to Division 20 of the Health and Safety Code, relating to health care. -amend Section 11362.777 of the Health and Safety Code, relating to medical marijuana." -124,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Effective and sustainable implementation of a statewide earthquake early warning system, as funded through the California Earthquake Safety Fund, requires a governance structure that coordinates the multiple entities involved in establishing and operating the different functional areas of the system, including, but not limited to, system operations, research and development, finance and investment, and training and education. -(b) Each of the functional areas necessary for a statewide earthquake early warning system consists of designated working groups that include subject matter experts and stakeholders in the public and private sectors. -(c) The California Earthquake Early Warning Advisory Board is intended to advise the Director of Emergency Services on implementation of the earthquake early warning program. -SEC. 2. -Section 8587.8 of the Government Code is amended to read: -8587.8. -(a) The Office of Emergency Services, in collaboration with the California Institute of Technology (Caltech), the California Geological Survey, the University of California, the United States Geological Survey, the Alfred E. Alquist Seismic Safety Commission, and other stakeholders, shall develop a comprehensive statewide earthquake early warning system in California through a public-private partnership, which shall include, but not be limited to, the following features: -(1) Installation of field sensors. -(2) Improvement of field telemetry. -(3) Construction and testing of central processing and notification centers. -(4) Establishment of warning notification distribution paths to the public. -(5) Integration of earthquake early warning education with general earthquake preparedness efforts. -(b) In consultation with stakeholders, the Office of Emergency Services shall develop an approval mechanism to review compliance with earthquake early warning standards as they are developed. The development of the approval mechanism shall include input from a broad representation of earthquake early warning stakeholders. The approval mechanism shall accomplish all of the following: -(1) Ensure the standards are appropriate. -(2) Determine the degree to which the standards apply to providers and components of the system. -(3) Determine methods to ensure compliance with the standards. -(4) Determine requirements for participation in the system. -(c) The Office of Emergency Services shall identify funding for the system described in subdivision (a) through single or multiple sources of revenue. -SEC. 3. -Section 8587.11 is added to the Government Code, to read: -8587.11. -(a) There is in state government, within the office, both of the following: -(1) The California Earthquake Early Warning Program. -(2) The California Earthquake Early Warning Advisory Board. -(b) The following definitions apply to this section and Section 8587.12: -(1) “Board” means the California Earthquake Early Warning Advisory Board. -(2) “Program” means the California Earthquake Early Warning Program. -(3) “System” means the statewide earthquake early warning system. -(c) (1) The board shall be composed of the following eight members: -(A) Seven voting members, as follows: -(i) The Secretary of the Natural Resources Agency, or his or her designee. -(ii) The Secretary of California Health and Human Services, or his or her designee. -(iii) The Secretary of Transportation, or his or her designee. -(iv) The Secretary of Business, Consumer Services, and Housing, or his or her designee. -(v) One member who is appointed by, and serves at the pleasure of, the Speaker of the Assembly and represents the interests of private businesses. -(vi) One member who is appointed by, and serves at the pleasure of, the Governor and represents the utilities industry. -(vii) One member who is appointed by, and serves at the pleasure of, the Senate Committee on Rules and represents county government. -(B) The Chancellor of the California State University, or his or her designee, shall serve as a nonvoting member of the board. -(2) The President of the University of California, or his or her designee, may serve as a nonvoting member of the board. -(3) The members of the board shall serve without compensation, but shall be reimbursed for actual and reasonable travel and meal expenses to attend board meetings. -(d) (1) The board shall convene periodically and advise the director on all aspects of the program, including, but not limited to, the following functional areas of the program: -(A) System operations. -(B) Research and development. -(C) Finance and investment. -(D) Training and education. -(2) The board shall utilize committees, groups, and organizations, including, but not limited to, the California Institute of Technology, the California Geological Survey, the University of California, the United States Geological Survey, and entities participating in the critical infrastructure sectors to fulfill the objectives of the program by supporting the functional areas of the system. -(3) The board shall inform the public regarding, and provide the public with the opportunity to engage the board on, the development and implementation of the system. -(4) The board shall consult with program participants, state agencies, departments, boards and commissions, private businesses, postsecondary educational institutions, and subject matter experts, as necessary, to advise the board on the development, implementation, and maintenance of the system. -(e) (1) Except as otherwise provided by law, the California Integrated Seismic Network shall be responsible for the generation of an earthquake early warning alert and related system operations. -(2) The board shall, in conjunction with the director, determine the appropriate methods to provide the public with an earthquake early warning alert. -(f) (1) The board shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). -(2) Notwithstanding any law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), any information in a public record that is a trade secret, as that term is defined in Section 3426.1 of the Civil Code, of a private entity cooperating with the board or participating in the system or with the program is confidential and shall not be disclosed. -SEC. 4. -Section 8587.12 is added to the Government Code, to read: -8587.12. -(a) On or before February 1, 2018, the office, in consultation with the board, shall develop and submit a business plan for the program to the Senate Committee on Governmental Organization, the Assembly Committee on Governmental Organization, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Legislative Analyst’s Office. The business plan shall include, but not be limited to, all of the following elements: -(1) The funding plan for the program and the estimated costs associated with the program. The funding plan shall include, but not be limited to, all of the following: -(A) Specific cost estimates for each component of the program, including, but not limited to, education and outreach costs, staff costs, and the capital costs, operation costs, and maintenance costs of the system. -(B) Identification of specific sources of funding, including, but not limited to, federal funds, funds from revenue bonds, local funds, general funds, special funds, funds from private sources, and funding from any written agreements with public or private entities to fund components of the program. -(2) The expected roles and responsibilities of various program participants, including, but not limited to, private sector partners and local emergency personnel. -(3) The expected time schedule for completing the system and when it can start to provide alerts. -(4) A discussion of all reasonably foreseeable risks the program may encounter, including, but not limited to, risks associated with the program’s finances, the reliability of the system, access to land for sensor placement, and changes in technology. The plan shall describe the office’s strategies, processes, or other actions it intends to utilize to manage those risks. -(b) On or before February 1, 2019, and annually thereafter, the office shall report to the Legislature any changes to the business plan from the prior year and shall provide a general report on progress of the program and the implementation of the system. The report shall include, but not be limited to, all of the following: -(1) The overall progress of the implementation of the system. -(2) An update on funding acquired and expended. -(3) An update on contracts and requests for proposals. -(4) A summary of recommendations made by the board to the office. -SEC. 5. -The Legislature finds and declares that Section 3 of this act, which adds Section 8587.11 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -The development and implementation of the California Earthquake Early Warning System will help mitigate the loss of lives and property due to an earthquake. The need to protect the proprietary rights of owners of trade secrets relating to systems or products that may be incorporated into the California Earthquake Early Warning System and used within the California Earthquake Early Warning Program and the need to encourage the participation of those owners in the development and implementation of that system and program outweigh publicly disclosing those trade secrets.","(1) The California Emergency Services Act requires the Office of Emergency Services, among other things, to develop in collaboration with specified entities a comprehensive statewide earthquake early warning system in California through a public-private partnership, as specified. The act requires the office to identify funding for the system through single or multiple sources of revenue, and requires those sources to exclude the General Fund and to be limited to federal funds, funds from revenue bonds, local funds, and funds from private sources. Under the act, the requirement that the office develop the system is not operative until funding is identified, and is repealed if funding is not identified by July 1, 2016. The act establishes the California Earthquake Safety Fund in the State Treasury to be used, upon appropriation by the Legislature, for seismic safety and earthquake-related programs, including the statewide earthquake early warning system. -This bill would discontinue the requirement that the funding sources for the system exclude the General Fund and be limited to federal funds, funds from revenue bonds, local funds, and funds from private sources. The bill would delete the provisions providing for the repeal and the contingent operation of the requirement that the office develop the system. -This bill would establish, within the office, the California Earthquake Early Warning Program and the California Earthquake Early Warning Advisory Board to support the development of the statewide earthquake early warning system, as specified. The bill would require the board to include 7 voting members, as specified, and the Chancellor of the California State University, or his or her designee, who would serve as a nonvoting member. The bill would authorize the President of the University of California, or his or her designee, to serve as an additional nonvoting member of the board. The bill would require all members to serve without compensation, but would require reimbursement for actual and reasonable travel and meal expenses to attend board meetings. The bill would require the board to comply with existing state open meeting and public record disclosure laws and would prohibit the disclosure of any information in a public record that is a trade secret, as defined, of a private entity cooperating with the board or participating in the statewide earthquake early warning system or the program. The bill would make legislative findings in support of its provisions. -(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to amend Section 8587.8 of, and to add Sections 8587.11 and 8587.12 to, the Government Code, relating to earthquake safety." -125,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 303.4 is added to the Elections Code, to read: -303.4. -“Ballot on demand system” means a self-contained system that allows users to do both of the following on an as-needed basis: -(a) Manufacture and finish card stock. -(b) Finish unfinished ballot cards into ballot cards. -SEC. 2. -Section 2170 of the Elections Code is amended to read: -2170. -(a) “Conditional voter registration” means a properly executed affidavit of registration that is delivered by the registrant to the county elections official during the 14 days immediately preceding an election or on election day and which may be deemed effective pursuant to this article after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information, as specified in subdivision (c). -(b) In addition to other methods of voter registration provided by this code, an elector who is otherwise qualified to register to vote under this code and Section 2 of Article II of the California Constitution may complete a conditional voter registration and cast a provisional ballot during the 14 days immediately preceding an election or on election day pursuant to this article. -(c) (1) A conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the information provided by the registrant on the registration affidavit matches information contained in a database maintained by the Department of Motor Vehicles or the federal Social Security Administration. -(2) If the information provided by the registrant on the registration affidavit cannot be verified pursuant to paragraph (1) but the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to Section 2150 and the conditional voter registration shall be deemed effective. -(d) The county elections official shall offer conditional voter registration and provisional voting pursuant to this article, in accordance with all of the following procedures: -(1) The elections official shall provide conditional voter registration and provisional voting pursuant to this article at all permanent offices of the county elections official in the county. -(2) The elections official shall advise registrants that a conditional voter registration will be effective only if the registrant is determined to be eligible to register to vote for the election and the information provided by the registrant on the registration affidavit is verified pursuant to subdivision (c). -(3) The elections official shall conduct the receipt and handling of each conditional voter registration and offer and receive a corresponding provisional ballot in a manner that protects the secrecy of the ballot and allows the elections official to process the registration, determine the registrant’s eligibility to register, and validate the registrant’s information before counting or rejecting the corresponding provisional ballot. -(4) After receiving a conditional voter registration, the elections official shall process the registration, determine the registrant’s eligibility to register, and attempt to validate the registrant’s information. -(5) If a conditional registration is deemed effective, the elections official shall include the corresponding provisional ballot in the official canvass. -(e) The county elections official may offer conditional voter registration and provisional voting pursuant to this article at satellite offices of the county elections office, in accordance with the procedures specified in paragraphs (2) to (5), inclusive, of subdivision (d). -SEC. 3. -Section 2550 is added to the Elections Code, to read: -2550. -(a) For purposes of this section, “electronic poll book” means an electronic list of registered voters that may be transported to the polling location. An electronic poll book shall contain all of the following voter registration data: -(1) Name. -(2) Address. -(3) Precinct. -(4) Party preference. -(5) Whether or not the voter has been issued a vote by mail ballot. -(6) Whether or not the vote by mail ballot has been recorded as received by the elections official. -(b) An electronic poll book shall not be used unless it has been certified by the Secretary of State. -(c) The Secretary of State shall adopt and publish electronic poll book standards and regulations governing the certification and use of electronic poll books. -(d) The Secretary of State shall not certify an electronic poll book unless it fulfills the requirements of this section and the Secretary of State’s standards and regulations. -SEC. 4. -Section 13004 of the Elections Code is amended to read: -13004. -(a) The Secretary of State shall adopt regulations governing the manufacture, finishing, quality standards, distribution, and inventory control of ballot cards and ballot on demand systems. For commercial ballot manufacturers and finishers, the Secretary of State shall require a biennial inspection of the certified manufacturing, finishing, and storage facilities. The Secretary of State shall also approve each ballot card manufacturer, finisher, and ballot on demand system before manufacturing or finishing ballot cards, or deploying a ballot on demand system, for use in California elections. -(b) Not later than five working days before the Secretary of State begins his or her initial inspection, the ballot card manufacturer, finisher, or ballot on demand system vendor shall disclose to the Secretary of State in writing any known flaw or defect in its ballot card manufacturing or finishing process, manufactured or finished ballot cards, or ballot on demand system that could adversely affect the future casting or tallying of votes. Once approved by the Secretary of State, the ballot card manufacturer, finisher, or ballot on demand system vendor shall notify the Secretary of State and the affected local elections officials in writing within two business days after it discovers any flaw or defect in its ballot card manufacturing or finishing process, manufactured or finished ballot cards, or ballot on demand system that could adversely affect the future casting or tallying of votes. -SEC. 5. -Section 13004.5 is added to the Elections Code, to read: -13004.5. -(a) A jurisdiction shall not purchase, lease, or contract for a ballot on demand system unless the ballot on demand system has been certified by the Secretary of State. -(b) A vendor, company, or person shall not sell, lease, or contract with a jurisdiction for the use of a ballot on demand system unless the ballot on demand system has been certified by the Secretary of State. -(c) This section does not preclude a jurisdiction from conducting research and development of a ballot on demand system.","(1) Existing law permits a county elections official to offer conditional voter registration and provisional voting on election day at satellite offices of the county elections office, as specified. -This bill would also allow a county elections official to offer conditional voter registration and provisional voting at satellite offices other than on election day. -(2) Existing law requires each precinct board to keep a roster of voters who voted at the precinct, as specified. Existing law also requires an elections official to furnish to the precinct officers, among other things, printed copies of the index to the affidavits of registration for that precinct. -This bill would require the Secretary of State to adopt and publish electronic poll book standards and regulations governing the certification and use of electronic poll books, as defined. The bill would require that the electronic poll book include specified voter registration data. The bill would prohibit the use of an electronic poll book unless it has been certified by the secretary. -(3) Existing law requires the secretary to adopt regulations (A) governing the manufacture, finishing, quality standards, distribution, and inventory control of ballot cards and (B) requiring the biennial inspection of the manufacturing, finishing, and storage facilities involving ballot cards. Existing law requires the secretary to also approve each ballot card manufacturer or finisher before a manufacturer or finisher provides ballot cards for use in California elections. -This bill would require the secretary to adopt regulations (A) governing ballot on demand systems, as defined, and (B) for purposes of certifying ballot on demand systems. The bill, for commercial ballot manufacturers and finishers, would require the secretary to require a biennial inspection of the certified manufacturing, finishing, and storage facilities. The bill would also require the secretary to approve each ballot on demand system before the system is deployed for use in California elections. The bill would prohibit a jurisdiction from purchasing, leasing, or contracting for, and a vendor, company, or person from selling, leasing, or contracting with a jurisdiction for, a ballot on demand system unless the ballot on demand system has been certified by the secretary.","An act to amend Sections 2170 and 13004 of, and to add Sections 303.4, 2550, and 13004.5 to, the Elections Code, relating to elections." -126,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 48852.7 is added to the Education Code, to read: -48852.7. -(a) At the point of any change or any subsequent change in residence once a child becomes a homeless child, the local educational agency serving the homeless child shall allow the homeless child to continue his or her education in the school of origin through the duration of homelessness. -(b) If the homeless child’s status changes before the end of the academic year so that he or she is no longer homeless, either of the following apply: -(1) If the homeless child is in high school, the local educational agency shall allow the formerly homeless child to continue his or her education in the school of origin through graduation. -(2) If the homeless child is in kindergarten or any of grades 1 to 8, inclusive, the local educational agency shall allow the formerly homeless child to continue his or her education in the school of origin through the duration of the academic school year. -(c) To ensure that the homeless child has the benefit of matriculating with his or her peers in accordance with the established feeder patterns of school districts, the following apply: -(1) If the homeless child is transitioning between school grade levels, the local educational agency shall allow the homeless child to continue in the school district of origin in the same attendance area. -(2) If the homeless child is transitioning to a middle school or high school, and the school designated for matriculation is in another school district, the local educational agency shall allow the homeless child to continue to the school designated for matriculation in that school district. -(3) The new school shall immediately enroll the homeless child even if the child has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, including, but not limited to, records or other proof of immunization history pursuant to Chapter 1 (commencing with Section 120325) of Part 2 of Division 105 of the Health and Safety Code, proof of residency, other documentation, or school uniforms. -(d) It is the intent of the Legislature that this section shall not supersede or exceed other laws governing special education services for eligible homeless children. -(e) (1) The federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) shall govern the procedures for transportation and dispute resolution with respect to homeless children and school of origin. -(2) This section does not require a school district to provide transportation to a former homeless child who has an individualized education program that does not require transportation as a related service and who changes residence but remains in his or her school of origin pursuant to this section, unless the individualized education program team determines that transportation is a necessary related service, or the federal McKinney-Vento Homeless Assistance Act requires transportation to be provided. -(3) This section does not require a school district to provide transportation services to allow a homeless child to attend a school or school district, unless otherwise required under the federal McKinney-Vento Homeless Assistance Act or other federal law. A school district may, at its discretion, provide transportation services to allow a homeless child to attend a school or school district. -(f) For purposes of this section, the following definitions apply: -(1) “Homeless child” has the same meaning as in Section 11434a(2) of Title 42 of the United States Code. -(2) “School of origin” means the school that the homeless child attended when permanently housed or the school in which the homeless child was last enrolled. If the school the homeless child attended when permanently housed is different from the school in which the homeless child was last enrolled, or if there is some other school that the homeless child attended with which the homeless child is connected and that the homeless child attended within the immediately preceding 15 months, the educational liaison, in consultation with, and with the agreement of, the homeless child and the person holding the right to make educational decisions for the homeless child, shall determine, in the best interests of the homeless child, the school that shall be deemed the school of origin. -SEC. 2. -Section 48859 of the Education Code is amended to read: -48859. -For purposes of this chapter, the following terms have the following meanings: -(a) “County placing agency” means the county social services department or county probation department. -(b) “Educational authority” means an entity designated to represent the interests of a child for educational and related services. -(c) “Local educational agency” means a school district, a county office of education, a charter school, or a special education local plan area. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) The federal McKinney-Vento Homeless Assistance Act sets forth specified requirements relating to the education of homeless children and youth, as defined. Under existing state law, a local educational agency liaison for homeless children and youth is required to ensure that public notice of the educational rights of homeless children and youths is disseminated in schools within the liaison’s local educational agency, as specified. -This bill would require a local educational agency serving a homeless child, once a child becomes a homeless child, to allow the homeless child to continue his or her education in the school of origin through the duration of the homelessness, and would set forth related requirements governing the enrollment of homeless children. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. -(2) Existing law requires a pupil placed in a licensed children’s institution or foster family home to attend programs operated by the local educational agency, unless one of certain circumstances applies. Existing law requires each local educational agency to designate a staff person as the educational liaison for foster children, as defined. Existing law requires the educational liaison for foster children to ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children, and to assist foster children when transferring from one school to another school or from one school district to another school district in ensuring the proper transfer of credits, records, and grades. Existing law defines a local educational agency for purposes of these provisions, the provisions above relating to homeless children and youth, and other related provisions to include a school district, a county office of education, a charter school participating as a member of a special education local plan area, or a special education local plan area. -This bill would revise the definition of a local educational agency for purposes of those provisions to include all charter schools. To the extent this would impose additional duties on charter schools, the bill would impose a state-mandated local program. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 48859 of, and to add Section 48852.7 to, the Education Code, relating to pupil instruction and services." -127,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 49600 of the Education Code is amended to read: -49600. -(a) The governing board of a school district may provide a comprehensive educational counseling program for all pupils enrolled in the school district. It is the intent of the Legislature that a school district that provides educational counseling to its pupils implement a structured and coherent counseling program. -(b) For purposes of this section, “educational counseling” means specialized services provided by a school counselor possessing a valid credential with a specialization in pupil personnel services who is assigned specific times to directly counsel pupils. -(c) It is the intent of the Legislature that school counselors do all of the following: -(1) Engage with, advocate for, and provide support for, all pupils with respect to learning and achievement. -(2) Plan, implement, and evaluate programs to promote the academic, career, personal, and social development of all pupils, including pupils from low-income families, foster youth, homeless youth, undocumented youth, and pupils at all levels of academic, social, and emotional abilities. -(3) Use multiple sources of information to monitor and improve pupil behavior and achievement. -(4) Collaborate and coordinate with school and community resources. -(5) Promote and maintain a safe learning environment for all pupils by providing restorative justice practices, positive behavior interventions, and support services. -(6) Intervene to ameliorate school-related problems, including issues related to chronic absences. -(7) Use research-based strategies to reduce stigma, conflict, and pupil-to-pupil mistreatment and bullying. -(8) Improve school climate and pupil well-being. -(9) Enhance pupils’ social and emotional competence, character, health, civic engagement, cultural literacy, and commitment to lifelong learning and the pursuit of high-quality educational programs. -(10) Provide counseling interventions and support services for pupils classified as English learners, eligible for free or reduced-price meals, or foster youth, including enhancing equity and access to the education system and community services. -(11) Engage in continued development as a professional school counselor. -(d) Educational counseling shall include academic counseling, in which pupils receive counseling in the following areas: -(1) Development and implementation, with parental involvement, of the pupil’s immediate and long-range educational plans. -(2) Optimizing progress towards achievement of proficiency standards. -(3) Completion of the required curriculum in accordance with the pupil’s needs, abilities, interests, and aptitudes. -(4) Academic planning for access and success in higher education programs, including advisement on courses needed for admission to public colleges and universities, standardized admissions tests, and financial aid. -(5) Career and vocational counseling, in which pupils are assisted in doing all of the following: -(A) Planning for the future, including, but not limited to, identifying personal interests, skills, and abilities, career planning, course selection, and career transition. -(B) Becoming aware of personal preferences and interests that influence educational and occupational exploration, career choice, and career success. -(C) Developing realistic perceptions of work, the changing work environment, and the effect of work on lifestyle. -(D) Understanding the relationship between academic achievement and career success, and the importance of maximizing career options. -(E) Understanding the value of participating in career technical education and work-based learning activities and programs, including, but not limited to, service learning, regional occupational centers and programs, partnership programs, job shadowing, and mentoring experiences. -(F) Understanding the need to develop essential employable skills and work habits. -(G) Understanding the variety of four-year colleges and universities and community college vocational and technical preparation programs, as well as admission criteria and enrollment procedures. -(e) Educational counseling may also include counseling in any of the following: -(1) Individualized review of the academic and deportment records of a pupil. -(2) Individualized review of the pupil’s career goals, and the available academic and career technical education opportunities and community and workplace experiences available to the pupil that may support the pursuit of those goals. -(3) Opportunity for a counselor to meet with each pupil and, if practicable, the parents or legal guardian of the pupil to discuss the academic and deportment records of the pupil, his or her educational options, the coursework and academic progress needed for satisfactory completion of middle or high school, passage of the high school exit examination or its successor, education opportunities at community colleges, eligibility for admission to a four-year institution of postsecondary education, including the University of California and the California State University, and the availability of career technical education. That discussion shall also address the availability of intensive instruction and services as required pursuant to subdivision (c) of Section 37254, for up to two consecutive academic years after the completion of grade 12 or until the pupil has passed both parts of the high school exit examination or its successor, whichever comes first, for those pupils who have not passed one or both parts of the high school exit examination, or its successor, by the end of grade 12. The educational options discussed at the meeting shall include, to the extent these services are available, the college preparatory program and career technical education programs, including regional occupational centers and programs and similar alternatives available to pupils within the school district. -(4) Identifying pupils who are at risk of not graduating with the rest of their class, are not earning credits at a rate that will enable them to pass the high school exit examination, or its successor, or do not have sufficient training to allow them to fully engage in their chosen career. -(5) In schools that enroll pupils in grades 10 and 12, developing a list of coursework and experience necessary to assist each pupil in his or her grade who has not passed one or both parts of the high school exit examination, or its successor, or has not satisfied, or is not on track to satisfy, the curricular requirements for admission to the University of California and the California State University, and to successfully transition to postsecondary education or employment. -(6) Developing a list of coursework and experience necessary to assist each pupil in middle school to successfully transition to high school and meet all graduation requirements, including passing the high school exit examination, or its successor. -(7) In schools that enroll pupils in grades 6 to 12, inclusive, developing a list of coursework and experience necessary to assist each pupil to begin to satisfy the curricular requirements for admission to the University of California and the California State University. -(8) Providing a copy of the lists developed pursuant to paragraphs (6) and (7) to a pupil and his or her parent or legal guardian, ensuring that the list of coursework and experience is part of the pupil’s cumulative record. -(9) Informing each pupil who has failed to pass one or both parts of the high school exit examination, or its successor, of the option of intensive instruction and services. -(10) Developing a list of coursework and experience for a pupil enrolled in grade 12, including options for continuing his or her education if he or she fails to meet graduation requirements. These options shall include, but are not limited to, all of the following: -(A) Enrolling in an adult education program. -(B) Enrolling in a community college. -(C) Continuing enrollment in the pupil’s current school district. -(D) Continuing to receive intensive instruction and services for up to two consecutive academic years after completion of grade 12 or until the pupil has passed both parts of the high school exit examination or its successor, whichever comes first. -(11) Providing a copy of the list of coursework and experiences developed pursuant to paragraph (10) to the pupil and his or her parent or legal guardian, ensuring that the list of coursework and experience is part of the cumulative records of a pupil. -(12) Offering and scheduling an individual conference with each pupil in grades 10 and 12 who has failed to pass one or both parts of the high school exit examination, or its successor, or has not satisfied, or is not on track to satisfy, the curricular requirements for admission to the University of California and the California State University and to successfully transition to postsecondary education or employment, and providing the following information to the pupil and his or her parent or legal guardian: -(A) Consequences of not passing the high school exit examination, or its successor. -(B) Programs, courses, and career technical education options available to the pupil as needed for satisfactory completion of middle or high school. -(C) Cumulative records and transcripts of the pupil. -(D) Results of standardized and diagnostic assessments of the pupil. -(E) Remediation strategies, high school courses, and alternative education options available to the pupil, including, but not limited to, informing the pupil of the option to receive intensive instruction and services for up to two consecutive academic years after completion of grade 12 or until the pupil has passed both parts of the high school exit examination or its successor, whichever comes first. -(F) Information on postsecondary education and training. -(G) The score of the pupil on the English language arts or mathematics portion of the California Standards Test administered in grade 6, as applicable. -(H) Eligibility requirements, including coursework and test requirements, and the progress of the pupil toward satisfaction of those requirements for admission to four-year institutions of postsecondary education, including the University of California and the California State University. -(I) The availability of financial aid for postsecondary education. -(13) Personal and social counseling, in which pupils receive counseling pertaining to interpersonal relationships for the purpose of promoting the development of their academic abilities, careers and vocations, and personal and social skills. -(f) Professional development related to career and vocational counseling shall include strategies for counseling pupils pursuing postsecondary education, career technical education, multiple pathways, college, and global career opportunities. -(g) Nothing in this section shall be construed as prohibiting persons participating in an organized advisory program approved by the governing board of a school district, and supervised by a school district counselor, from advising pupils pursuant to the organized advisory program.","Existing law authorizes the governing board of a school district to provide a comprehensive educational counseling program for all pupils enrolled in the schools of the district, and, if the program is provided, requires educational counseling to include both academic counseling and career and vocational counseling in specified areas. -This bill would state the Legislature’s intent that school counselors also perform specified other functions and services to support pupil learning and achievement and would specify that educational counseling may also include counseling in specified other areas, including, but not limited to, individualized review of a pupil’s career goals. The bill would require professional development related to career and vocational counseling to include strategies for counseling pupils in specified areas. The bill would make a conforming change by deleting a provision relating to school counselors providing services prior to January 1, 1987.","An act to amend Section 49600 of the Education Code, relating to pupil instruction and services." -128,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7021 is added to the Business and Professions Code, to read: -7021. -The board may enter into an interagency agreement with any other state or local agency the board deems to be in possession of any information relevant to its priority to protect the public described in Section 7000.6. -SEC. 2. -Section 7071.18 is added to the Business and Professions Code, to read: -7071.18. -(a) Notwithstanding any other law, a licensee shall report to the registrar in writing the occurrence of any of the following within 90 days after the licensee obtains knowledge of the event: -(1) The conviction of the licensee for any felony. -(2) The conviction of the licensee for any other crime that is substantially related to the qualifications, functions, and duties of a licensed contractor. -(b) (1) The board shall consult with licensees, consumers, and other interested stakeholders in order to prepare a study of judgments, arbitration awards, and settlements that were the result of claims for construction defects for rental residential units and, by January 1, 2018, shall report to the Legislature the results of this study to determine if the board’s ability to protect the public as described in Section 7000.6 would be enhanced by regulations requiring licensees to report judgments, arbitration awards, or settlement payments of those claims. Participation by licensees and consumers shall be voluntary. The study shall include, but not be limited to, criteria used by insurers or others to differentiate between settlements that are for nuisance value and those that are not, whether settlement information or other information can help identify licensees who may be subject to an enforcement action, if there is a way to separate subcontractors from general contractors when identifying licensees who may be subject to an enforcement action, whether reporting should be limited to settlements resulting from construction defects that resulted in death or injury, the practice of other boards within the department, and any other criteria considered reasonable by the board. The board shall submit the report to the Legislature in accordance with Section 9795 of the Government Code. -(2) Records or documents obtained by the board during the course of implementing this subdivision that are exempt from public disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) shall remain exempt from disclosure pursuant to that act. -SEC. 3. -Section 18924.5 is added to the Health and Safety Code, to read: -18924.5. -(a) By January 1, 2018, the working group formed by the California Building Standards Commission to study recent exterior elevated element failures in California shall submit a report to the appropriate policy committees of the Legislature containing any findings and possible recommendations for statutory changes or changes to the California Building Standards Code. -(b) The working group shall review related documents and reports, including, but not limited to, any available forensic reports related to exterior elevated element failures in California, reports and studies used in the development of national and state building codes, and any other material deemed relevant to make recommendations to the appropriate state agency or agencies for the development of proposed building standards for exterior elevated elements. -(c) The working group shall solicit technical expertise as appropriate from, but not limited to, representatives from the Department of Housing and Community Development, the Division of the State Architect—Structural Safety, the Office of the State Fire Marshal, local building officials and plan checkers, e Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code). -SEC. 5. -The Legislature finds and declares that Section 2 of this act, which adds Section 7071.18 to the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -By allowing records and documents exempt from disclosure to be shared with the Contractors’ State License Board and remain nonpublic under the Public Records Act, the act adding this section would encourage private individuals and entities to provide the board with information that is vital to the success of its study and report to determine whether additional regulations are appropriate. Therefore, this act properly balances the public’s right to access to public records in the possession of the board with the need for the state to obtain otherwise private information.","(1) Existing law, the Contractors’ State License Law, provides for the licensure, regulation, and discipline of contractors by the Contractors’ State License Board. Existing law requires the board, with the approval of the Director of Consumer Affairs, to appoint a registrar of contractors to serve as the executive officer and secretary of the board. Under existing law, protection of the public is required to be the highest priority for the Contractors’ State License Board in exercising its licensing, regulatory, and disciplinary functions. -Under existing law, the Division of Occupational Safety and Health has the power, jurisdiction, and supervision over every employment and place of employment in this state, which is necessary to adequately enforce and administer all laws and lawful standards and orders, or special orders requiring such employment and place of employment to be safe, and requiring the protection of the life, safety, and health of every employee in such employment or place of employment. Existing law requires the division to transmit to the Registrar of Contractors copies of any reports made in any investigation, as specified, and authorizes the division, upon its own motion or upon request, to transmit copies of any other reports made in any investigation conducted involving a licensed contractor. -This bill would instead require the Division of Occupational Safety and Health, after consultation with the board, to transmit to the board copies of any citations or other actions taken by the division against a contractor, as defined. The bill would authorize the board to enter into an interagency agreement with any other state or local agency the board deems to be in possession of information relevant to its priority to protect the public. -This bill would require a licensee to report to the registrar within 90 days of the date that the licensee has knowledge of the conviction of the licensee for any felony or any other crime substantially related to the qualifications, functions, and duties of a licensed contractor. -This bill would require the board to consult with licensees, consumers, and other interested stakeholders in order to prepare a study of judgments, arbitration awards, and settlements that were the result of claims for construction defects for rental residential units and, by January 1, 2018, report to the Legislature the results of the study to determine if the board’s ability to protect the public would be enhanced by regulations requiring licensees to report judgments, arbitration awards, or settlement payments of those claims. This bill would specify that participation in the study by licensees and consumers is voluntary. The bill would require records or documents obtained by the board during the course of implementing this study that are exempt from public disclosure to remain exempt from disclosure. -(2) Under existing law, there exists the California Building Standards Commission. Existing law requires the California Building Standards Commission to, among other things, review the standards of adopting state agencies and approve, return for amendment with recommended changes, or reject building standards submitted to the commission for its approval, as provided. -This bill, until January 1, 2018, would require the working group formed by the California Building Standards Commission to study recent exterior elevated element failures in the state to submit a report to the appropriate policy committees of the Legislature containing any findings and possible recommendations for statutory or other changes to the California Building Standards Code and would require the working group to review related documents and reports, as specified. However, if, at any time, it is determined by the working group that one or more changes to the California Building Standards Code are needed as soon as possible in order to protect the public, the bill would, until January 1, 2018, require the working group to submit the recommended changes to the California Building Standards Commission for consideration as soon as possible, as specified. -(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to add Sections 7021 and 7071.18 to the Business and Professions Code, to add and repeal Section 18924.5 of the Health and Safety Code, and to amend Section 6313.5 of the Labor Code, relating to building construction." -129,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2701 of the Business and Professions Code is amended to read: -2701. -(a) There is in the Department of Consumer Affairs the Board of Registered Nursing consisting of nine members. -(b) For purposes of this chapter, “board,” or “the board,” refers to the Board of Registered Nursing. Any reference in state law to the Board of Nurse Examiners of the State of California or the California Board of Nursing Education and Nurse Registration shall be construed to refer to the Board of Registered Nursing. -(c) The board shall have all authority vested in the previous board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board. -(d) This section shall remain in effect only until January 1, 2018, and as of that date, is repealed, unless a later enacted statute that is enacted before January 1, 2018, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. -SEC. 2. -Section 2708 of the Business and Professions Code is amended to read: -2708. -(a) The board shall appoint an executive officer who shall perform the duties delegated by the board and who shall be responsible to it for the accomplishment of those duties. -(b) The executive officer shall be a nurse currently licensed under this chapter and shall possess other qualifications as determined by the board. -(c) The executive officer shall not be a member of the board. -(d) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. -SEC. 3. -Section 2718 is added to the Business and Professions Code, to read: -2718. -(a) (1) By February 1, 2016, the board shall contract with the office to conduct a performance audit of the board’s enforcement program. The board shall reimburse the office for the cost of the performance audit. The office shall report the results of the audit, with any recommendations, to the Governor, the department, and the appropriate policy committees of the Legislature by January 1, 2017. -(2) The performance audit shall include, but not be limited to, an evaluation of all the following: -(A) The quality and consistency of, and compliance with, complaint processing and investigation. -(B) The consistency and adequacy of the application of board sanctions or discipline imposed on licensees. -(C) The accuracy and consistency in implementing the laws and rules affecting discipline, including adherence to the Division of Investigation Case Acceptance Guidelines (Consumer Protection Enforcement Initiative Model), as revised July 1, 2014. -(D) The timeframes for completing complaint processing, investigation, and resolution. -(E) Staff concerns regarding licensee disciplinary matters or procedures. -(F) The appropriate utilization of licensed professionals to investigate complaints. -(G) The adequacy of the board’s cooperation with other state agencies charged with enforcing related laws and regulations regarding nurses. -(H) Any existing backlog, the reason for the backlog, and the timeframe for eliminating the backlog. -(I) The adequacy of board staffing, training, and fiscal resources to perform its enforcement functions. -(b) Board staff and management shall cooperate with the office and shall provide the office with access to data, case files, employees, and information as the office may, in its discretion, require for the purposes of this section. -(c) For the purposes of this section, “office” means the California State Auditor’s Office. -SEC. 4. -Section 2736.5 of the Business and Professions Code is repealed. -SEC. 5. -Section 2786 of the Business and Professions Code is amended to read: -2786. -(a) An approved school of nursing, or an approved nursing program, is one that has been approved by the board, gives the course of instruction approved by the board, covering not less than two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, “institution of higher education” includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level master’s degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code). -(b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved. -(c) The board shall determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse and shall include the minimum units of theory and clinical experience necessary to achieve essential clinical competency at the entry level of the registered nurse. The board’s regulations shall be designed to require all schools to provide clinical instruction in all phases of the educational process, except as necessary to accommodate military education and experience as specified in Section 2786.1. -(d) The board shall perform or cause to be performed an analysis of the practice of the registered nurse no less than every five years. Results of the analysis shall be utilized to assist in the determination of the required subjects of instruction, validation of the licensing examination, and assessment of the current practice of nursing. -SEC. 6. -Section 2786.1 is added to the Business and Professions Code, to read: -2786.1. -(a) The board shall deny the application for approval made by, and shall revoke the approval given to, any school of nursing that does not give student applicants credit in the field of nursing for military education and experience by the use of challenge examinations or other methods of evaluation. -(b) The board shall adopt regulations by January 1, 2017, requiring schools to have a process to evaluate and grant credit for military education and experience. The regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The word “credit,” as used in this subdivision, is limited to credit for licensure only. The board is not authorized to prescribe the credit that an approved school of nursing shall give toward an academic certificate or degree. -(c) The board shall review a school’s policies and practices regarding granting credit for military education and experience at least once every five years to ensure consistency in evaluation and application across schools. The board shall post on its Internet Web site information related to the acceptance of military coursework and experience at each approved school.","The Nursing Practice Act provides for the licensure and regulation of registered nurses by the Board of Registered Nursing within the Department of Consumer Affairs. Existing law requires the board to appoint an executive officer to perform duties delegated by the board. Existing law repeals those provisions establishing the board and the executive officer position on January 1, 2016. -This bill would extend the repeal date to January 1, 2018. -The act authorizes the board to take disciplinary action against a certified or licensed nurse or to deny an application for a certificate or license for certain reasons, including unprofessional conduct. Existing law establishes the California State Auditor’s Office, which is headed by the California State Auditor, to conduct financial and performance audits as directed by statute. -This bill would require the board, by February 1, 2016, to contract with the California State Auditor’s Office to conduct a performance audit of the board’s enforcement program, as specified. The bill would require the board to reimburse the office for the cost of the performance audit. The bill would require the office to report the results of the audit to the Governor, the department, and the appropriate policy committees of the Legislature by January 1, 2017. The bill would require the board’s staff and management to cooperate with the office and provide the office with access to data, case files, employees, and information. -The act authorizes any person who has served on active duty in the medical corps of the Armed Forces of the United States and who successfully completed the course of instruction to qualify him or her for rating as a medical service technician—independent duty, or other equivalent rating, and whose service in the Armed Forces was under honorable conditions to submit the record of that training to the board for evaluation. The act requires the board to grant a license to that person if he or she meets specified qualifications and the board determines that his or her education would give reasonable assurance of competence to practice as a registered nurse in this state. The act requires the board to maintain records of those applicants, including, but not limited to, applicants who are rejected from examination. -This bill would repeal those provisions. -The act requires the board to maintain a list of approved schools or programs of nursing in this state, as specified, and provides that an approved school or program of nursing is one that has been approved by the board and meets certain academic requirements. The act requires the board to deny an application for approval of, and to revoke the approval given to, any school of nursing that does not give student applicants credit for previous education and the opportunity to obtain credit for other acquired knowledge by the use of challenge examinations or other methods of evaluation. -This bill would require the board to deny or revoke approval of a school of nursing that does not give student applicants credit in the field of nursing for military education and experience by the use of challenge examinations or other methods of evaluation. The bill would require the board, by January 1, 2017, to adopt regulations requiring schools seeking approval to have a process to evaluate and grant credit, as defined, for military education and experience. The bill would require the board to review a school’s policies and practices regarding granting credit for military education and experience at least once every 5 years to ensure consistency in evaluation and application across schools. The bill would require the board to post on its Internet Web site information related to the acceptance of military coursework and experience at each approved school.","An act to amend Sections 2701, 2708, and 2786 of, to add Sections 2718 and 2786.1 to, and to repeal Section 2736.5 of, the Business and Professions Code, relating to nursing." -130,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 312.2 is added to the Business and Professions Code, to read: -312.2. -(a) The Attorney General shall submit a report to the department, the Governor, and the appropriate policy committees of the Legislature on or before January 1, 2018, and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal year for each constituent entity within the department represented by the Licensing Section and Health Quality Enforcement Section of the Office of the Attorney General: -(1) The number of accusation matters referred to the Attorney General. -(2) The number of accusation matters rejected for filing by the Attorney General. -(3) The number of accusation matters for which further investigation was requested by the Attorney General. -(4) The number of accusation matters for which further investigation was received by the Attorney General. -(5) The number of accusations filed by each constituent entity. -(6) The number of accusations a constituent entity withdraws. -(7) The number of accusation matters adjudicated by the Attorney General. -(b) The Attorney General shall also report all of the following for accusation matters adjudicated within the previous fiscal year for each constituent entity of the department represented by the Licensing Section and Health Quality Enforcement Section: -(1) The average number of days from the Attorney General receiving an accusation referral to when an accusation is filed by the constituent entity. -(2) The average number of days to prepare an accusation for a case that is rereferred to the Attorney General after further investigation is received by the Attorney General from a constituent entity or the Division of Investigation. -(3) The average number of days from an agency filing an accusation to the Attorney General transmitting a stipulated settlement to the constituent entity. -(4) The average number of days from an agency filing an accusation to the Attorney General transmitting a default decision to the constituent entity. -(5) The average number of days from an agency filing an accusation to the Attorney General requesting a hearing date from the Office of Administrative Hearings. -(6) The average number of days from the Attorney General’s receipt of a hearing date from the Office of Administrative Hearings to the commencement of a hearing. -(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. -SEC. 2. -Section 328 is added to the Business and Professions Code, to read: -328. -(a) In order to implement the Consumer Protection Enforcement Initiative of 2010, the director, through the Division of Investigation, shall implement “Complaint Prioritization Guidelines” for boards to utilize in prioritizing their respective complaint and investigative workloads. The guidelines shall be used to determine the referral of complaints to the division and those that are retained by the health care boards for investigation. -(b) The Medical Board of California shall not be required to utilize the guidelines implemented pursuant to subdivision (a). -SEC. 3. -Section 5000 of the Business and Professions Code is amended to read: -5000. -(a) There is in the Department of Consumer Affairs the California Board of Accountancy, which consists of 15 members, 7 of whom shall be licensees, and 8 of whom shall be public members who shall not be licentiates of the board or registered by the board. The board has the powers and duties conferred by this chapter. -(b) The Governor shall appoint four of the public members, and the seven licensee members as provided in this section. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint two public members. In appointing the seven licensee members, the Governor shall appoint individuals representing a cross section of the accounting profession. -(c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -(d) Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. However, the review of the board shall be limited to reports or studies specified in this chapter and those issues identified by the appropriate policy committees of the Legislature and the board regarding the implementation of new licensing requirements. -SEC. 4. -Section 5015.6 of the Business and Professions Code is amended to read: -5015.6. -The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter. -This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 5. -Section 5100.5 is added to the Business and Professions Code, to read: -5100.5. -(a) After notice and hearing the board may, for unprofessional conduct, permanently restrict or limit the practice of a licensee or impose a probationary term or condition on a license, which prohibits the licensee from performing or engaging in any of the acts or services described in Section 5051. -(b) A licensee may petition the board pursuant to Section 5115 for reduction of penalty or reinstatement of the privilege to engage in the service or act restricted or limited by the board. -(c) The authority or sanctions provided by this section are in addition to any other civil, criminal, or administrative penalties or sanctions provided by law, and do not supplant, but are cumulative to, other disciplinary authority, penalties, or sanctions. -(d) Failure to comply with any restriction or limitation imposed by the board pursuant to this section is grounds for revocation of the license. -(e) For purposes of this section, both of the following shall apply: -(1) “Unprofessional conduct” includes, but is not limited to, those grounds for discipline or denial listed in Section 5100. -(2) “Permanently restrict or limit the practice of” includes, but is not limited to, the prohibition on engaging in or performing any attestation engagement, audits, or compilations. -SEC. 6. -Section 7000.5 of the Business and Professions Code is amended to read: -7000.5. -(a) There is in the Department of Consumer Affairs a Contractors’ State License Board, which consists of 15 members. -(b) Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. -(c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 7. -Section 7011 of the Business and Professions Code is amended to read: -7011. -(a) The board, by and with the approval of the director, shall appoint a registrar of contractors and fix his or her compensation. -(b) The registrar shall be the executive officer and secretary of the board and shall carry out all of the administrative duties as provided in this chapter and as delegated to him or her by the board. -(c) For the purpose of administration of this chapter, there may be appointed a deputy registrar, a chief reviewing and hearing officer, and, subject to Section 159.5, other assistants and subordinates as may be necessary. -(d) Appointments shall be made in accordance with the provisions of civil service laws. -(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 8. -Section 7067.5 of the Business and Professions Code is repealed. -SEC. 9. -Section 7071.6 of the Business and Professions Code is amended to read: -7071.6. -(a) The board shall require as a condition precedent to the issuance, reinstatement, reactivation, renewal, or continued maintenance of a license, that the applicant or licensee file or have on file a contractor’s bond in the sum of fifteen thousand dollars ($15,000). -(b) Excluding the claims brought by the beneficiaries specified in subdivision (a) of Section 7071.5, the aggregate liability of a surety on claims brought against a bond required by this section shall not exceed the sum of seven thousand five hundred dollars ($7,500). The bond proceeds in excess of seven thousand five hundred dollars ($7,500) shall be reserved exclusively for the claims of the beneficiaries specified in subdivision (a) of Section 7071.5. However, nothing in this section shall be construed so as to prevent any beneficiary specified in subdivision (a) of Section 7071.5 from claiming or recovering the full measure of the bond required by this section. -(c) No bond shall be required of a holder of a license that has been inactivated on the official records of the board during the period the license is inactive. -(d) Notwithstanding any other law, as a condition precedent to licensure, the board may require an applicant to post a contractor’s bond in twice the amount required pursuant to subdivision (a) until the time that the license is renewed, under the following conditions: -(1) The applicant has either been convicted of a violation of Section 7028 or has been cited pursuant to Section 7028.7. -(2) If the applicant has been cited pursuant to Section 7028.7, the citation has been reduced to a final order of the registrar. -(3) The violation of Section 7028, or the basis for the citation issued pursuant to Section 7028.7, constituted a substantial injury to the public.","Existing law provides for the licensure and regulation of various professions and vocations by boards, bureaus, commissions, divisions, and other agencies within the Department of Consumer Affairs. Existing law requires an agency within the department to investigate a consumer accusation or complaint against a licensee and, where appropriate, the agency is authorized to impose disciplinary action against a licensee. Under existing law, an agency within the department may refer a complaint to the Attorney General or Office of Administrative Hearings for further action. -This bill would require the Attorney General to submit a report to the department, the Governor, and the appropriate policy committees of the Legislature, on or before January 1, 2018, and on or before January 1 of each subsequent year, that includes specified information regarding the actions taken by the Attorney General pertaining to accusation matters relating to consumer complaints against a person whose profession or vocation is licensed by an agency within the department. -Existing law creates the Division of Investigation within the department and requires investigators who have the authority of peace officers to be in the division to investigate the laws administered by the various boards comprising the department or commence directly or indirectly any criminal prosecution arising from any investigation conducted under these laws. -This bill would, in order to implement the Consumer Protection Enforcement Initiative of 2010, require the Director of Consumer Affairs, through the Division of Investigation, to implement “Complaint Prioritization Guidelines” for boards to utilize in prioritizing their complaint and investigative workloads and to determine the referral of complaints to the division and those that are retained by the health care boards for investigation. The bill would exempt the Medical Board of California from required utilization of these guidelines. -Under existing law, the California Board of Accountancy within the department is responsible for the licensure and regulation of accountants and is required to designate an executive officer. Existing law repeals these provisions on January 1, 2016. -This bill would extend the repeal date to January 1, 2020. -Existing law authorizes the California Board of Accountancy, after notice and hearing, to revoke, suspend, or refuse to renew any permit or certificate, as specified, or to censure the holder of that permit or certificate for unprofessional conduct. -This bill would additionally authorize the board, after notice and hearing, to permanently restrict or limit the practice of a licensee or impose a probationary term or condition on a license for unprofessional conduct. This bill would authorize a licensee to petition the board for reduction of a penalty or reinstatement of the privilege, as specified, and would provide that failure to comply with any restriction or limitation imposed by the board is grounds for revocation of the license. -Under existing law, the Contractors’ State License Law, the Contractors’ State License Board is responsible for the licensure and regulation of contractors and is required to appoint a registrar of contractors. Existing law repeals these provisions establishing the board and requiring it to appoint a registrar on January 1, 2016. -This bill would extend these repeal dates to January 1, 2020. -Existing law requires every applicant for an original contractor’s license, the reactivation of an inactive license, or the reissuance or reinstatement of a revoked license to evidence financial solvency, as specified, and requires the registrar to deny the application of any applicant who fails to comply with that requirement. Existing law, as a condition precedent to the issuance, reinstatement, reactivation, renewal, or continued maintenance of a license, requires the applicant or licensee to file or have on file a contractor’s bond in the sum of $12,500. -This bill would repeal that evidence of financial solvency requirement and would instead require that bond to be in the sum of $15,000.","An act to amend Sections 5000, 5015.6, 7000.5, 7011, and 7071.6 of, to add Sections 312.2, 328, and 5100.5 to, and to repeal Section 7067.5 of, the Business and Professions Code, relating to professions and vocations." -131,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 18602 of the Business and Professions Code is amended to read: -18602. -(a) Except as provided in this section, there is in the Department of Consumer Affairs the State Athletic Commission, which consists of seven members. Five members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly. -The members of the commission appointed by the Governor are subject to confirmation by the Senate pursuant to Section 1322 of the Government Code. -No person who is currently licensed, or who was licensed within the last two years, under this chapter may be appointed or reappointed to, or serve on, the commission. -(b) In appointing commissioners under this section, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall make every effort to ensure that at least four of the members of the commission shall have experience and demonstrate expertise in one of the following areas: -(1) A licensed physician or surgeon having expertise or specializing in neurology, neurosurgery, head trauma, or sports medicine. Sports medicine includes, but is not limited to, physiology, kinesiology, or other aspects of sports medicine. -(2) Financial management. -(3) Public safety. -(4) Past experience in the activity regulated by this chapter, either as a contestant, a referee or official, a promoter, or a venue operator. -(c) Each mction renders the board subject to review by the appropriate policy committees of the Legislature. -SEC. 2. -Section 18613 of the Business and Professions Code is amended to read: -18613. -(a) (1) The commission shall appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in him or her by this chapter. The appointment of the executive officer is subject to the approval of the Director of Consumer Affairs. -(2) The commission may employ in accordance with Section 154 other personnel as may be necessary for the administration of this chapter. -(b) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 3. -Section 18645 of the Business and Professions Code is amended to read: -18645. -(a) There is hereby created within the jurisdiction of the State Athletic Commission an Advisory Committee on Medical and Safety Standards. -(b) The committee shall consist of six licensed physicians and surgeons appointed by the commission. The commission may call meetings of those physicians and surgeons at such times and places as it deems appropriate for the purpose of studying and recommending medical and safety standards for the conduct of boxing, wrestling, and martial arts contests. -(c) It shall require a majority vote of the commission to appoint a person to the committee. Each appointment shall be at the pleasure of the commission for a term not to exceed four years. -(d) A majority of the appointed members of the committee shall constitute a quorum for the purposes of meeting. -SEC. 4. -Section 18649 is added to the Business and Professions Code, to read: -18649. -(a) The administration or use of any drugs, alcohol, stimulants, or injections in any part of the body or the use of any prohibited substance specified in the Prohibited List of the World Anti-Doping Code, as adopted by the World Anti-Doping Agency, by a professional or amateur boxer or martial arts fighter licensed by the commission shall be prohibited. The commission, in its discretion and pursuant to regulations adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), may determine the necessity of exemptions to this section for certain licensees. -(b) The commission may conduct testing at any time during the period of licensure for a professional or amateur boxer or martial arts fighter licensed by the commission to ensure compliance with subdivision (a). -(c) The commission may collect blood and urine specimens from a professional or amateur boxer or martial arts fighter licensed by the commission to detect the presence of any prohibited substances. Collection of specimens shall be done in the presence of authorized commission personnel. -(d) A professional or amateur boxer or martial arts fighter licensed by the commission, for which the presence of a prohibited substance is detected through testing by the commission, shall be in violation of this section and subject to the penalties described in Section 18843. -SEC. 5. -Section 18843 of the Business and Professions Code is amended to read: -18843. -(a) In addition to its authority under other provisions of this chapter to take action against a licensee, the commission, its executive officer, or his or her duly authorized representative shall have the authority to assess fines not to exceed two thousand five hundred dollars ($2,500) for each violation of any of the provisions of this chapter or any of the rules and regulations of the commission. -(b) Notwithstanding any other provision, the commission may also assess a fine of up to 40 percent of the total purse for a violation of Section 18649 related to the use of prohibited substances. -(c) Fines may be assessed without advance hearing, but the licensee may apply to the commission for a hearing on the matter if the fine should be modified or set aside. This application for a hearing shall be in writing and shall be received by the commission within 30 days after service of notice of the fine. Upon receipt of this written request, the commission shall set the matter for hearing within 30 days. -SEC. 6. -Section 18852 of the Business and Professions Code is amended and renumbered to read: -18851. -A manager of a boxer or martial arts fighter shall maintain an accurate annual record showing all of the following with respect to each contest in which the boxer or martial arts fighter has participated: -(a) Training expenses. -(b) Amount of money actually paid to the contestant. -(c) Amount of money which the manager received from the purse. -(d) Amount of money owed to the manager by the contestant. -The manager’s record shall be supported by documentation, shall be made available to both the fighter under contract and the commission upon request, and shall be kept in the manager’s possession for a period of five years from the transaction. -SEC. 7. -Section 18853 of the Business and Professions Code is amended and renumbered to read: -18852. -No fighter shall be paid before a contest, except that a promoter may, with the written approval of the commission, advance to the fighter before the contest, up to one thousand dollars ($1,000) plus any necessary transportation and living expenses. However, such advance, except necessary transportation and living expenses, shall not exceed 20 percent of the fighter’s purse. -SEC. 8. -Section 18854 of the Business and Professions Code is amended and renumbered to read: -18853. -No fighter, nor his or her manager, shall be paid for the services of the fighter except in the presence of an authorized commission representative. The commission representative shall report to the executive officer any payment made contrary to the provisions of the contract on file with the commission. -SEC. 9. -Section 18855 of the Business and Professions Code is amended and renumbered to read: -18854. -Any official who fails to enforce the provisions of this act or the commission’s rules and regulations shall be subject to disciplinary action. -SEC. 10. -Section 18855 is added to the Business and Professions Code, to read: -18855. -The commission shall recognize and enforce contracts between boxers or martial arts fighters and managers and between boxers or martial arts fighters and licensed clubs. Contracts shall be executed on printed forms approved by the commission. The commission may recognize or enforce a contract not on its printed form if entered into in another jurisdiction. No other contract or agreement may be recognized or enforced by the commission. All disputes between the parties to the contract, including the validity of the contract, shall be arbitrated by the commission pursuant to the provisions of the contract. Subject to Section 227 of Title 4 of the California Code of Regulations, a person who seeks arbitration of a contract shall send a written request to the commission’s headquarters and to the office of the Attorney General. The commission may seek cost recovery related to arbitration proceedings from the parties subject to the proceedings. -SEC. 11. -Section 18860 of the Business and Professions Code is amended and renumbered to read: -18856. -(a) The commission, the executive officer, or authorized representative shall have power to order a promoter to withhold any purse, any part thereof, any receipts or other funds owing or payable to any contestant, or the share thereof of any manager, if, in his or her judgment, it should appear that the contestant is not competing honestly, or is intentionally not competing to the best of his or her ability, or if it should appear that the contestant, manager, or any seconds have violated any provision of this act, or the rules and regulations adopted by the commission. -(b) Any purse, or portion thereof, so withheld, shall be delivered by the promoter to the commission upon demand. Any contestant claiming the money withheld shall within 10 days after the end of the contest apply in writing to the commission for a hearing, the commission shall fix a date for the hearing, and after the hearing determines the disposition to be made of the money held by the commission. -(c) If no application for a hearing is filed within the time prescribed the commission shall meet and determine the disposition to be made of the money held by the commission. -(d) This section does not apply to any exhibition where the participants are not competing to the best of their ability. -SEC. 12. -Section 18861 of the Business and Professions Code is amended and renumbered to read: -18857. -The commission, the executive officer, or authorized representative shall have the power to order a promoter to withhold 10 percent of the total purse payable to a contestant if the manager of the contestant does not present an itemized statement of expenses incurred in connection with the contest. The money so withheld shall be paid to the commission and held in trust for payment to the contestant or his or her manager, upon presentation by the manager to the commission of the itemized statement of expenses. -SEC. 13. -Section 18865 of the Business and Professions Code is amended and renumbered to read: -18858. -Any licensee who directly or indirectly holds, participates in, aids, or abets any sham or fake contest or match shall be subject to disciplinary action. -This section does not apply to any exhibition. -SEC. 14. -Section 18868 of the Business and Professions Code is amended and renumbered to read: -18859. -(a) The commission shall have the authority to obtain and review criminal history information to determine whether an applicant or licensee has been convicted of any offense or has been arrested for any offense for which disposition is still pending. A conviction, or a plea of guilty or nolo contendere to an offense, may be cause to deny an application or take disciplinary action against a licensee dependent on the relevancy of the offense to the licensed activity. -(b) The commission may require applicants to submit two sets of fingerprints which shall be furnished to the Department of Justice. Upon the request of the commission, the Department of Justice shall submit one set of the fingerprints to the Federal Bureau of Investigation to obtain a copy of the Federal Bureau of Investigation’s record and shall retain one set to search the California criminal history system. -SEC. 15. -Section 18869 of the Business and Professions Code is amended and renumbered to read: -18860. -Nothing in this chapter shall prevent any county, city, or city and county from prohibiting the holding or participating in any contest, match, or exhibition. -SEC. 16. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, the State Athletic Commission Act, the State Athletic Commission has jurisdiction over all professional and amateur boxing, professional and amateur kickboxing, all forms and combinations of forms of full contact martial arts contests, including mixed martial arts, and matches or exhibitions conducted, held, or given within this state. A violation of the act is a crime. Existing law requires the commission to appoint an executive officer. Existing law repeals these provisions establishing the commission and authorizing it to appoint an executive officer on January 1, 2016. -This bill would extend those repeal dates to January 1, 2020. -Existing law requires the Advisory Committee on Medical and Safety Standards to consist of 6 licensed physicians and surgeons appointed by the commission and authorizes the commission to call meetings at such times and places as it deems appropriate for the purpose of studying and recommending medical and safety standards for the conduct of boxing, wrestling, and martial arts contests. -This bill would provide that a majority of the appointed members of the committee constitutes a quorum for the purposes of those meetings. -Existing regulation prohibits the administration or use of any drugs, alcohol or stimulants, or injections in any part of the body, either before or during a match, to or by any boxer. Under existing regulation, a person who applies for or holds a license as a professional boxer and who has at any time had a positive drug test confirmed by any commission for any specified substance is required as a condition of licensure or renewal to provide a urine specimen. Further, under existing regulation, a licensed boxer is required to provide a urine specimen for drug testing either before or after the bout, as directed by the commission. -This bill would prohibit the administration or use of any drugs, alcohol, stimulants, or injections in any part of the body or the use of any specified prohibited substances by a professional or amateur boxer or martial arts fighter licensed by the commission. Because a violation of this prohibition would be a crime, the bill would impose a state-mandated local program. The bill would authorize the commission, subject to the adoption of regulations, to determine the necessity of exemptions to that prohibition. The bill would authorize the commission to conduct testing at any time during the period of licensure to ensure compliance with the prohibition, as provided. The bill would make a licensee in violation of the prohibition subject to a fine of up to 40% of the value of the total purse. -Under existing regulation, contracts between boxers and managers and between boxers or managers and licensed clubs are required to be executed on printed forms approved by the commission. Existing regulation authorizes the commission to recognize or enforce a contract not on its printed form if entered into in another jurisdiction. Existing regulation prohibits no other contract or agreement from being recognized or enforced by the commission. Under existing regulation, all disputes between the parties to the contract, including the validity of the contract, are required to be arbitrated pursuant to the provisions of the contract. Under existing regulation, a person who seeks arbitration of a contract dispute is required to send a written request for arbitration to the commission and to the office of the Attorney General, as specified. -This bill would codify these regulatory provisions in statute and would authorize the commission to recover the costs for the arbitration from the parties subject to the arbitration. -This bill would renumber various enforcement provisions and would make other nonsubstantive changes. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 18602, 18613, 18645, and 18843 of, to amend and renumber Sections 18852, 18853, 18854, 18855, 18860, 18861, 18865, 18868, and 18869 of, and to add Sections 18649 and 18855 to, the Business and Professions Code, relating to professions and vocations." -132,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) Water and energy resources are inextricably connected. This relationship is known as the water-energy nexus. -(A) The energy used to drive California’s water system, including, but not limited to, the fuels used to power groundwater pumps, transportation, treatment and disposal systems for water and wastewater, heating and cooling of water in buildings and other facilities, the delivery of water, and end uses, accounts for nearly 20 percent of the total electricity usage and 30 percent of nonpower-related natural gas consumed, and there are known gaps in quantifying greenhouse gas emissions associated with that energy use. -(B) The water used to drive California’s energy system, including, but not limited to, the water used to turn turbines for hydropower, to produce steam and cooling systems for thermoelectric power, and to extract and refine oil and gas, represents a substantial portion of our state water demand. -(C) Consequently, saving water saves energy, and vice versa. -(D) Because the production of energy often results in the emission of greenhouse gases, there is substantial potential for emission reductions in the water system. -(2) While energy use has historically been a fundamental element in the planning and development of California’s water supply systems, there are new opportunities for improving this linkage to reduce water-related greenhouse gas emissions. New projects that best serve water and energy investments can maximize greenhouse gas emissions reductions. -(b) It is the intent of the Legislature, in enacting this act, to: -(1) More closely integrate the planning for water, energy, and greenhouse gas emissions. -(2) Enable opportunities for innovative projects and programs that reduce the greenhouse gas intensity of our water system in order to access eligible funds. -SEC. 2. -Section 39712 of the Health and Safety Code is amended to read: -39712. -(a) (1) It is the intent of the Legislature that moneys shall be appropriated from the fund only in a manner consistent with the requirements of this chapter and Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code. -(2) The state shall not approve allocations for a measure or program using moneys appropriated from the fund except after determining, based on the available evidence, that the use of those moneys furthers the regulatory purposes of Division 25.5 (commencing with Section 38500) and is consistent with law. If any expenditure of moneys from the fund for any measure or project is determined by a court to be inconsistent with law, the allocations for the remaining measures or projects shall be severable and shall not be affected. -(b) Moneys shall be used to facilitate the achievement of reductions of greenhouse gas emissions in this state consistent with Division 25.5 (commencing with Section 38500) and, where applicable and to the extent feasible: -(1) Maximize economic, environmental, and public health benefits to the state. -(2) Foster job creation by promoting in-state greenhouse gas emissions reduction projects carried out by California workers and businesses. -(3) Complement efforts to improve air quality. -(4) Direct investment toward the most disadvantaged communities and households in the state. -(5) Provide opportunities for businesses, public agencies, nonprofits, and other community institutions to participate in and benefit from statewide efforts to reduce greenhouse gas emissions. -(6) Lessen the impacts and effects of climate change on the state’s communities, economy, and environment. -(c) Moneys appropriated from the fund may be allocated, consistent with subdivision (a), for the purpose of reducing greenhouse gas emissions in this state through investments that may include, but are not limited to, any of the following: -(1) Funding to reduce greenhouse gas emissions through energy efficiency, clean and renewable energy generation, distributed renewable energy generation, transmission and storage, and other related actions, including, but not limited to, at public universities, state and local public buildings, and industrial and manufacturing facilities. -(2) Funding to reduce greenhouse gas emissions through the development of state‑of‑the‑art systems to move goods and freight, advanced technology vehicles and vehicle infrastructure, advanced biofuels, and low‑carbon and efficient public transportation. -(3) Funding to reduce greenhouse gas emissions associated with land and natural resource conservation and management, forestry, sustainable agriculture, and the water sector, including, but not limited to, water use, supply, and treatment. -(4) Funding to reduce greenhouse gas emissions through strategic planning and development of sustainable infrastructure projects, including, but not limited to, transportation and housing. -(5) Funding to reduce greenhouse gas emissions through increased in-state diversion of municipal solid waste from disposal through waste reduction, diversion, and reuse. -(6) Funding to reduce greenhouse gas emissions through investments in programs implemented by local and regional agencies, local and regional collaboratives, and nonprofit organizations coordinating with local governments. -(7) Funding research, development, and deployment of innovative technologies, measures, and practices related to programs and projects funded pursuant to this chapter. -SEC. 3. -Section 25229 is added to the Public Resources Code, to read: -25229. -(a) The commission, in cooperation with the State Water Resources Control Board, the State Air Resources Board, the Public Utilities Commission, and the Department of Water Resources, shall conduct a study of water-related energy use in California. -(b) In conducting the study, the commission shall do all of the following: -(1) Hold at least two workshops to allow input by private and public water agencies and utilities, research institutions, environmental organizations, and other interested stakeholders. -(2) Include any source-specific data, to be anonymized to the extent necessary to protect business confidential information or security sensitive information. -(3) -After considering existing studies and data sources, identify -Identify, after considering existing studies and data sources, -any existing data gaps. -(c) Nothing in this section shall be construed as imposing any new emissions regulations on the entities with which these water-related energy use emissions are associated. -SEC. 4. -Section 189.5 is added to the Water Code, to read: -189.5. -(a) The board, -upon an appropriation of moneys by the Legislature from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, and -in cooperation with the State Energy Resources Conservation and Development Commission, the State Air Resources Board, the Public Utilities Commission, and the Department of Water Resources, shall establish a grant and loan program for water projects that result in the net reduction of water-related greenhouse gas emissions. -(b) Project categories eligible for funding under the program shall include, but need not be limited to, the following: -(1) Precision irrigation. -(2) Infrastructure improvements that will help deliver on-demand water for precision application. -(3) Local water solutions that reduce net energy use, including, but not limited to, water recycling, stormwater capture and reuse, and groundwater cleanup. -(4) Clean energy generation by the water sector. -(5) Leak detection. -(6) Water appliance efficiency. -(7) Water monitoring software. -(c) In order to be eligible for funding under the program, projects shall result in the net reduction of water-related greenhouse gas emissions. -(d) Any public -funds -moneys -made available for the program to private water companies regulated by the Public Utilities Commission shall be used for the benefit of the ratepayers or the public, and not the investors of the companies, and shall be subject to oversight by the Public Utilities Commission. -(e) The board may adopt guidelines and regulations necessary or convenient to implement this section.","The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, commonly known as cap and trade revenues, to be deposited in the Greenhouse Gas Reduction Fund, and to be used, upon appropriation by the Legislature, for specified purposes, including the reduction of greenhouse gas emissions associated with water use and supply. -This bill would include reduction of greenhouse gas emissions associated with water treatment among the investments that are eligible for funding from the Greenhouse Gas Reduction Fund. The bill would also make legislative findings and declarations, and a statement of legislative intent, with regard to the nexus between water and energy and water and reduction of greenhouse gas emissions. -This bill would require the State Energy Resources Conservation and Development Commission, in cooperation with the State Water Resources Control Board, the State Air Resources Board, the Public Utilities Commission, and the Department of Water -Resources -Resources, -to conduct a study of water-related energy use in California. -This bill would require the State Water Resources Control Board, -upon an appropriation from the Greenhouse Gas Reduction Fund and -in cooperation with the State Energy Resources Conservation and Development Commission, the State Air Resources Board, the Public Utilities Commission, and the Department of Water -Resources -Resources, -to establish a grant and loan program for water projects that result in the net reduction of water-related greenhouse gas emissions.","An act to amend Section 39712 of the Health and Safety Code, to add Section 25229 to the Public Resources Code, and to add Section 189.5 to the Water Code, relating to water." -133,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 369 is added to the Penal Code, immediately following Section 368.5, to read: -369. -(a) (1) (A) Upon conviction for a crime involving abuse of an elder adult, as defined in Section 15610.07 of the Welfare and Institutions Code, a person shall register for the remainder of his or her life with all police departments and the sheriff in the county in which the person was convicted and in the county in which he or she resides. -(B) The court shall notify a person required to register pursuant to this section of his or her duty to register at the time of his or her conviction. -(2) (A) If a person described in paragraph (1) does not serve a term of imprisonment as a result of his or her conviction, he or she shall register within five business days of the conviction. -(B) If a person described in paragraph (1) serves a term of imprisonment as a result of his or her conviction, he or she shall register within five business days of his or her release. -(3) (A) A person required to register pursuant to this section shall notify all police departments and the sheriff in the county in which the person was convicted, in the county in which he or she resides, and, if applicable, in which he or she previously resided and was required to register within five business days of moving or changing his or her name. -(B) A person required to register pursuant to this section shall annually renew his or her registration within five business days of his or her birthday. -(b) Upon receipt of a registration pursuant to this section, a police department or county sheriff shall forward the registration information to the Department of Justice. -(c) (1) The Department of Justice shall make available to the public via an Internet Web site the information specified in paragraph (2) concerning persons who are required to register pursuant to this section. The department shall update the Internet Web site on an ongoing basis with information received from police departments and county sheriffs pursuant to this section. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The Internet Web site shall be translated into languages other than English, as determined by the department. -(2) The Department of Justice shall include all of the following information, as to each person required to register pursuant to this section, on the publicly accessible Internet Web site: -(A) The name and address of the registrant. -(B) The offense for which he or she is required to register, including all of the following: -(i) The offense for which he or she was convicted. -(ii) Where the offense occurred, including, but not limited to, the city and, if applicable, the name of the facility at which it occurred. -(iii) The punishment imposed, including, but not limited to, if applicable, his or her date of release from imprisonment for the offense. -(3) (A) A person who uses information disclosed pursuant to this subdivision to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than ten thousand dollars ($10,000), and not more than fifty thousand dollars ($50,000). -(B) A person who uses information disclosed pursuant to this subdivision to commit a felony shall be punished, in addition and consecutive to any other punishment, by a five-year term of imprisonment pursuant to subdivision (h) of Section 1170. -(4) (A) A person may use information disclosed pursuant to this subdivision only to protect a person at risk. -(B) The use of information disclosed pursuant to this subdivision for any purpose other than that provided by subparagraph (A) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorney’s fees, exemplary damages, and a civil penalty not exceeding twenty-five thousand dollars ($25,000). -(d) (1) A person required to register pursuant to this section is not relieved of the duty to register if the person’s conviction is dismissed pursuant to Section 1203.4. -(2) A person required to register pursuant to this section, upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, is relieved of any further duty to register under this section if he or she is not in custody, on parole, or on probation. -(e) A person who is required to register pursuant to this section who willfully violates any requirement of this section is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SECTION 1. -Section 1796.19 of the -Health and Safety Code -is amended to read: -1796.19. -(a)The department shall consider, but is not limited to considering, all of the following when determining whether to approve a registration application: -(1)Evidence satisfactory to the department of the home care aide applicant’s ability to comply with this chapter and the rules and regulations promulgated under this chapter by the department. -(2)Evidence satisfactory to the department that the home care aide applicant is of reputable and responsible character. The evidence shall include, but is not limited to, a review of the independent home care aide applicant’s criminal offender record information pursuant to Section 1522. -(3)Any revocation or other disciplinary action taken, or in the process of being taken, related to the care of individuals against the home care aide applicant. -(4)Any other information that may be required by the department for the proper administration and enforcement of this chapter. -(b)Failure of the home care aide applicant to cooperate with the department in the completion of the Home Care Aide application shall result in the withdrawal of the registration application. “Failure to cooperate” means that the information described in this chapter and by any rules and regulations promulgated under this chapter has not been provided, or has not been provided in the form requested by the department, or both.","Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse, and provides that the purpose of the act is to, among other things, collect information on the number of abuse victims, circumstances surrounding the abuse, and other data. The act defines the term “abuse of an elder or a dependent adult” for its purposes. -Existing law also makes it a crime for a person who knows or reasonably should know that a person is an elder or dependent adult to willfully cause or permit the person or health of the elder or dependent adult to be injured, or willfully cause or permit the elder or dependent adult to be placed in a situation in which his or her person or health is endangered. Existing law specifies penalties for a person who violates any law proscribing theft, embezzlement, forgery, or fraud, or specified identity theft laws, when the victim is an elder or a dependent adult. -This bill would require a person who is convicted for a crime involving the abuse of an elder adult, as defined in the Elder Abuse and Dependent Adult Civil Protection Act, to register for the remainder of his or her life with all police departments and the sheriff in the county in which the person was convicted and in the county in which he or she resides. The bill would require the police department or county sheriff to forward the registration information to the Department of Justice. The bill would require the Department of Justice to maintain a publicly accessible Internet Web site containing certain information concerning persons who are required to register pursuant to these provisions. The bill would make it a crime to use information obtained from the Internet Web site to commit a crime, and would subject a person who uses information obtained from the Internet Web site for any other reason than to protect an at-risk person to civil liability, as specified. The bill would relieve a person from the duty to register pursuant to these provisions if he or she receives a certificate of rehabilitation and he or she is not in custody, on parole, or on probation. The bill would make it a misdemeanor for a person who is required to register pursuant to these provisions to willfully violate any requirements related to registration. By creating new crimes and imposing new duties on local police departments and county sheriffs related to registering individuals convicted of a crime involving the abuse of an elder adult, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. -The Home Care Services Consumer Protection Act, operative January 1, 2016, provides for the registration of home care aides. Existing law requires the State Department of Social Services to consider specified information when determining whether to approve a home care aide’s registration application, including, among other things, evidence satisfactory to the department of the home care aide applicant’s ability to comply with the act and the rules and regulations promulgated by the department under the act. -This bill would make technical, nonsubstantive changes to those provisions.","An act to -amend Section 1796.19 of the Health and Safety Code, relating to public health. -add Section 369 to the Penal Code, relating to elder abuse." -134,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 18897 of the Health and Safety Code is amended to read: -18897. -(a) “Organized camp” means an organized resident camp or an organized day camp that operates seasonally to provide group-based recreation and expanded learning opportunities with social, spiritual, educational, or recreational activities that promote environmental awareness and education. -(1) A group that leases an organized camp for the purpose of conducting a camp for children under 18 years of age shall comply with this part. -(2) An “organized camp” does not include any of the following: -(A) A hotel, motel, tourist camp, trailer park, resort, hunting camp, auto court, labor camp, penal or correctional camp, drug and alcohol resident rehabilitation program, a facility licensed by the state, or a facility subject to occupancy taxes, home-finding agencies, or a licensed child day care facility as defined in Section 1596.750. -(B) A charitable or recreational organization that complies with the rules and regulations for recreational trailer parks. -(C) Sites or programs that are used by adults or groups for counseling, religious retreats, reunions, conferences, and special events on an intermittent, short-term basis of less than four consecutive overnight stays. -(D) Programs offered by -museums, zoos, -cities, counties, -or -special -districts, sports training organizations, gymnastics studios, theater groups, or other physical education-based organizations. -districts. -(b) “Organized resident camp” means a site or sites with programs and facilities established for the primary purposes of providing group living experiences and that provides three or more consecutive overnight stays during one or more seasons of the year, excluding field trips as provided for under subparagraph (B) of paragraph (2) of subdivision (c). -(c) (1) “Organized day camp” means a program that is established for the primary purpose of providing group experiences for children under 18 years of age during the day. -(2) An organized day camp may do all of the following: -(A) Transport campers to parks, beaches, campsites, and other locations for activities. -(B) Provide for offsite field trips for no more than three consecutive days. Any organized day camp that provides offsite field trips for more than two consecutive nights shall be considered an organized resident camp. -(3) An organized day camp shall have adequate staff to carry out the program, including, but not limited to, a qualified program director who has at least two seasons of administrative or supervisory experience at an organized day camp or a youth program. The program director shall be present at all times during the operation of the organized day camp. -(d) “Camper” means any person in an organized camp on a fee or nonfee basis who is a participant in the regular program and training of an organized camp. -(e) Notwithstanding any other law, an organized camp program conducted for children by the YMCA, Girl Scouts of the USA, Boy Scouts of America, Boys and Girls Clubs, Camp Fire USA, or similar organizations shall not be required to be licensed as a child day care center. -SEC. 2. -Section 18897.1 of the Health and Safety Code is repealed. -SEC. 3. -Section 18897.1 is added to the Health and Safety Code, to read: -18897.1. -(a) An organized day camp or an organized resident camp shall do all of the following: -(1) Issue a written notice of intent to operate and develop and submit a written operating plan pursuant to Section 30704 of Title 17 of the California Code of Regulations, or written verification that the camp is accredited by the American Camp Association (ACA), to the local public health officer or his or her designee at least 45 days prior to commencing operation of the camp. Year-round camps shall submit their plans on an annual basis. -(2) For an organized day camp that does not have a fixed location, register with the local public health officer as an organized camp in the county in which its business office is located. -(3) Meet the applicable requirements of Section 30751 of Title 17 of the California Code of Regulations. -(4) Install a carbon monoxide detector in any building intended for human occupancy that has a fossil fuel burning heater or appliance, a fireplace, or an attached garage. -(5) Store all firearms, including rifles, pellet guns, air guns, and bows and arrows, in a locked cabinet designated for this use when those items are not in use for authorized camp activities. The director, or a qualified designee of the director that meets the requirements of subdivision (a) of Section 30751 of Title 17 of the California Code of Regulations, of the organized camp shall maintain possession of the key to this cabinet. -(6) Obtain a permit or authorization pursuant to paragraph (2) of subdivision (b) and post a copy of the permit or authorization on the premises of the organized day camp or organized resident camp and, if applicable, on the Internet Web site of the organized day camp or organized resident camp. -(b) (1) The local public health officer shall acknowledge receipt of the operating plan or verification of accreditation described in paragraph (1) of subdivision (a) within 30 business days of receiving the operating plan or verification of accreditation. -(2) (A) The local public health officer shall issue to an organized day camp or an organized resident camp a permit to operate if both of the following conditions are met: -(i) The written operating plan required pursuant to paragraph (1) of subdivision (a) includes appropriate health and sanitation standards as described in Section 18897.2 or accreditation by the American Camp Association (ACA) is verified. -(ii) The local public health officer or his or her designee has conducted an initial inspection of the premises of the organized day camp or organized resident camp to verify compliance with the appropriate health and sanitation standards. -(B) The local public health officer shall issue to an organized day camp required to register pursuant to paragraph (2) of subdivision (a) authorization to operate upon registration of the organized day camp if the organized day camp meets the requirements of subparagraph (A). -(c) The local public health officer may inspect the organized day camp or organized resident camp and charge a fee for that purpose, not to exceed the reasonable cost of the inspection. The local public health officer shall provide, within 30 days, a summary of any violations of health and safety standards established in the rules and regulations establishing minimum standards for organized camps. -(d) An organized day camp or organized resident camp that has been cited for failing to meet legal requirements may appeal the citation to the local health department. The local health department shall issue a decision on that appeal within 30 business days and that decision shall be final. -(e) The local public health officer, or his or her designee, may, during the organized camp’s hours of operation or at other reasonable times, enter and inspect the premises of the organized camp, issue citations, and secure any samples, photographs, or other evidence from an organized camp or any facility suspected of being an organized camp. -(f) A person alleging health and sanitation violations pursuant to the regulations establishing minimum standards for organized camps may file a complaint, either orally or in writing, with the local public health officer. The local public health officer shall investigate any complaint received. -(g) The local public health officer may charge a fee to recover any necessary costs incurred in administering the provisions of this part relating to organized camp oversight. The fee shall not exceed the actual cost of organized camp oversight and related activities. -SEC. 4. -Section 18897.4 of the Health and Safety Code is amended to read: -18897.4. -(a) -For the purposes of this part, every local health officer shall enforce within his or her jurisdiction the building standards published in the State Building Standards Code relating to organized -resident -camps and the other rules and regulations adopted by the State Public Health Officer pursuant to Section 18897.2. A local public health officer may, for the purposes of complying with this -section, contract with -subdivision, delegate responsibility to -the Office of the State Architect or any other public agency or private organization for the review of design and performance of inspection of construction of camp buildings and structures, as specified in Section 30720 of Title 17 of the California Code of Regulations. -(b) For organized day camps, a local public health officer shall enforce within his or her jurisdiction the health and sanitation requirements for a permit or authorization pursuant to Section 18897.1. -SEC. 5. -Section 18897.8 is added to the Health and Safety Code, immediately following Section 18897.7, to read: -18897.8. -The State Department of Public Health, in adopting or amending the rules and regulations pertaining to organized day camps and organized resident camps under this part, shall make reasonable efforts to obtain the input and advice of organizations in the field. All costs incurred by the participating organizations shall be borne by the organizations themselves. The department shall implement this section in the most cost-effective manner deemed feasible. -SEC. 6. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the State Public Health Officer to establish rules and regulations establishing minimum standards for organized camps, and regulations governing the operation of organized camps that he or she determines are necessary to protect the health and safety of the campers. Existing law establishes minimum standards for the operation, regulation, and enforcement of organized camps, as defined. -This bill would recast those provisions and instead define an “organized camp” to include an “organized resident camp” and an “organized day camp,” as specified, that provides activities that promote environmental awareness and education. -This bill would exclude from “organized camps” physical education-based organizations, gymnastics studios, sports training organizations, and theatre programs, among others. -The bill would require the included camps to issue a written notice of intent to -operate and to -operate, -develop a written operating -plan -plan, -and submit the plan, or written verification that the camp is accredited by the American Camp Association, to the local public health officer at least 45 days prior to commencing operation of the camp. The bill would also require those camps to comply with applicable safety and supervision requirements relating to camp directors and counselors, install a carbon monoxide detector in specified buildings, and store firearms in a locked storage cabinet when not in use, as specified. The bill would also require those camps to obtain a permit to operate, or, for an organized day camp that does not have a fixed location, to register with the local public health officer and receive authorization to operate, from the local public health officer, and to post the permit or authorization, as specified. -The bill would authorize the local public health officer to inspect the camp and charge fees for camp oversight activities. The bill would also authorize a person alleging health and sanitation violations to file a complaint with the local public health officer, and to require the local public health officer to investigate. The bill would also require the State Department of Public Health, in adopting or amending the rules and regulations pertaining to organized camps, to make reasonable efforts to obtain the input and advice of prescribed organizations. -Because this bill would impose additional duties upon local public health officers in cities and counties, it would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to amend Sections 18897 and 18897.4 of, to add Section 18897.8 to, and to repeal and add Section 18897.1 of, the Health and Safety Code, relating to housing." -135,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11166.02 is added to the Penal Code, to read: -11166.02. -(a) A county welfare agency, as determined in Section 10612.5 of the Welfare and Institutions Code, may develop a pilot program for Internet-based reporting of child abuse and neglect. The pilot program may receive reports by mandated reporters, as specified in paragraph (5), of suspected child abuse or neglect and shall meet all of the following conditions: -(1) The suspected child abuse or neglect does not indicate that the child is subject to an immediate risk of abuse, neglect, or exploitation or that the child is in imminent danger of severe harm or death. -(2) The agency provides an Internet form that includes standardized safety assessment qualifying questions in order to obtain necessary information required to assess the need for child welfare services and a response. The State Department of Social Services shall provide guidance through written directives to counties participating in the pilot program to incorporate qualifying questions in the online report that would indicate the need to redirect the mandated reporter to perform a telephone report. -(3) The mandated reporter is required to complete all required fields, including identity and contact information of the mandated reporter, in order to submit the report. -(4) The agency provides an Internet-based reporting system that has appropriate security protocols to preserve the confidentiality of the reports and any documents or photographs submitted through the system. -(5) The system can only be used by mandated reporters who are any of the following: -(A) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. -(B) A probation officer or social worker, as defined in Section 215 of the Welfare and Institutions Code. -(C) A school teacher, counselor, or administrator. -(D) A physician and surgeon, psychologist, licensed nurse, or clinical social worker licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code. -(E) A coroner. -(6) Nothing in this section shall be construed as changing current statutory or regulatory requirements regarding timely review, assessment, and response to reports of possible abuse or neglect. -(b) (1) In a county where the pilot program is active, a mandated reporter listed in paragraph (5) of subdivision (a) may use the Internet-based reporting tool in lieu of the required initial telephone report required by subdivision (a) of Section 11166. A mandated reporter listed in paragraph (5) of subdivision (a) submitting an Internet-based report in accordance with this subdivision shall, as soon as practically possible, cooperate with the agency on any requests for additional information if needed to investigate the report, subject to applicable confidentiality requirements. -(2) In a county where the pilot program is active, a mandated reporter who submits the initial report through the Internet-based reporting tool in lieu of the required initial telephone report is not required to submit the written followup report required pursuant to subdivision (a) of Section 11166. -(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 2. -Section 10612.5 is added to the Welfare and Institutions Code, to read: -10612.5. -(a) The department shall consult with the County Welfare Directors Association of California and any interested county welfare agencies to determine which counties may be involved in the pilot program established pursuant to Section 11166.02 of the Penal Code. The pilot program may operate in up to 10 counties. -(b) The department shall oversee and administer the pilot program through the issuance of written directives that shall have the same force and effect as regulations. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). -(c) A county that chooses to participate in the pilot program shall hire an evaluator to monitor the implementation of the program in accordance with directives issued by the department pursuant to subdivision (b). -(d) (1) In addition to any requirements set forth by the department under this section, a county that participates in the pilot program shall, in collaboration with the County Welfare Directors Association of California and the department, develop outcome measures to determine the effectiveness of the pilot program of the county during the duration of the pilot program, which may include the following: -(A) The number of reports provided by telephone and any increase or decrease in the usage of telephone reports. -(B) The number of reports provided through the Internet-based reporting system and any increase or decrease in usage of the system. -(C) Any increase or decrease in the number of emergency or nonemergency telephone reports. -(D) Any increase or decrease in the overall number of emergency or nonemergency reports. -(2) A county that participates in the pilot program shall, on or before January 1, 2020, provide information to the Assembly Committee on Human Services and the Senate Committee on Human Services pertaining to the effectiveness of the pilot program based on the outcome measures developed pursuant to this subdivision. -(e) The department may conclude the pilot program on a county-by-county basis prior to January 1, 2021, if the evaluation and monitoring indicate the pilot program is compromising the safety of children. -(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.","The Child Abuse and Neglect Reporting Act requires a mandated reporter, as defined, to make a report to a specified agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Existing law further requires the mandated reporter to make an initial report by telephone to the agency immediately or as soon as is practicably possible, and to prepare and send, fax, or electronically transmit a written followup report within 36 hours of receiving the information concerning the incident. -This bill, until January 1, 2021, would authorize certain county welfare agencies to develop a pilot program for Internet-based reporting of child abuse and neglect, as specified. The bill would impose specified standards on a county that participates in the pilot program. The bill would also require the State Department of Social Services to consult with the County Welfare Directors Association of California and the county welfare agencies of the individual counties to determine which counties may be involved in the pilot program. The bill would require the department to oversee and administer the pilot program, and require a county that chooses to participate in the pilot program to hire an evaluator to monitor implementation of the program. The bill would require a county that participates in the pilot program to develop outcome measures that determine the effectiveness of the pilot program of the county, as specified, and report to specified committees of the Legislature on or before January 1, 2020, on the effectiveness of the pilot program. The bill would authorize the department to conclude the pilot program prior to January 1, 2021, if the evaluation and monitoring indicate that implementation of the program compromises the safety of children.","An act to add and repeal Section 11166.02 of the Penal Code, and to add and repeal Section 10612.5 of the Welfare and Institutions Code, relating to child abuse." -136,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 97.83 is added to the Revenue and Taxation Code, to read: -97.83. -(a) (1) Notwithstanding any other law, for the 2016–17 fiscal year -and for each fiscal year thereafter, -to the 2025–26 fiscal year, inclusive, -the auditor of each county shall do both of the following: -(A) Increase the total amount of ad valorem property tax revenue that is otherwise required to be allocated among the county and each city and special district in the county by the qualified heavy equipment reimbursement amount. The qualified heavy equipment reimbursement amount shall be allocated among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenue otherwise allocated among those local agencies. -(B) Decrease the total amount of ad valorem property tax revenue that is otherwise required to be allocated to the county’s Educational Revenue Augmentation Fund by the qualified heavy equipment reimbursement amount. -(2) (A) In the event that the county’s Educational Revenue Augmentation Fund does not have sufficient funds to offset the qualified heavy equipment reimbursement amount, the auditor shall, to the extent that those funds are insufficient, decrease the total amount of ad valorem property tax that is allocated to local school districts providing instruction for kindergarten and grades 1 to 12, inclusive, that are excess tax school entities, in proportion to their allocations of ad valorem property tax revenue allocated to school districts providing instruction for kindergarten and grades 1 to 12, inclusive, in the county, and allocate that amount among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenues otherwise allocated among those local agencies. -(B) In the event that the amount of ad valorem property tax revenues allocated to the Educational Revenue Augmentation Fund, together with the allocations to those school districts providing instruction for kindergarten and grades 1 to 12, inclusive, that are excess tax school entities, is insufficient to offset the qualified heavy equipment reimbursement amount, the auditor may also decrease the amount of ad valorem property tax revenues allocated to school districts providing instruction for kindergarten and grades 1 to 12, inclusive, that are not excess tax school entities, and allocate that amount among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenue otherwise allocated among those local agencies. -(b) For purposes of this section, “qualified heavy equipment reimbursement amount” means the total amount of ad valorem property tax revenue received by the county and each city and special district in the county in the 2014–15 fiscal year from renters of qualified heavy equipment, as defined in Part 11 (commencing with Section 5500) of Division 1. -(c) For the 2017–18 fiscal year -and for each fiscal year thereafter, -to the 2025–26 fiscal year, inclusive, -ad valorem property tax revenue allocations made pursuant to Sections 96.1 and 96.5, or any successor to either of those provisions, shall not incorporate the allocation adjustments made by this section. -(d) This section shall be repealed on January 1, 2027. -SEC. 2. -Part 11 (commencing with Section 5500) is added to Division 1 of the Revenue and Taxation Code, to read: -PART 11. Taxation of Qualified Heavy Equipment -5500. -For purposes of this part, all of the following definitions shall apply: -(a) “Rental price” means the total amount of the charge for renting the qualified heavy equipment, excluding any separately stated charges that are not rental charges, including, but not limited to, separately stated charges for delivery and pickup fees, damage waivers, environmental mitigation fees, or use taxes. -(b) (1) “Qualified heavy equipment” means any construction, earthmoving, or industrial equipment that is mobile and rented by a qualified renter, including attachments for the equipment or other ancillary equipment, including, but not limited to, all of the following: -(A) A self-propelled vehicle that is not designed to be driven on the highway. -(B) Industrial electrical generation equipment or portable heating, ventilating, and air-conditioning equipment. -(C) Industrial lift equipment. -(D) Industrial material equipment. -(E) Equipment used in shoring, shielding, and ground trenching. -(F) Equipment or vehicles not subject to the fee imposed pursuant to the Vehicle License Fee Law (Part 5 (commencing with Section 10701) of Division 2). -(2) Qualified heavy equipment is mobile if the qualified heavy equipment is not intended to be permanently affixed to real property for the purpose of using the qualified heavy equipment for its intended use. Qualified heavy equipment is mobile if it is intended to be moved among worksites as needed. -(c) “Qualified renter” means a renter that satisfies all of the following: -(1) The principal business of the renter is the rental of qualified heavy equipment. -(2) Is engaged in a line of business described in Code 532412 of the North American Industry Classification System published by the United States Office of Management and Budget, 2012 edition. -(d) “Renting” or “rent” means a rental for a period of less than 365 days or for an undefined period, or an open-ended contract. -5501. -(a) On and after July 1, 2016, -and before July 1, 2026, -there is hereby imposed a tax on every qualified renter for the privilege of renting qualified heavy equipment in this state at the rate of 0.75 percent of the rental price from the renting of qualified heavy equipment. -(b) The qualified renter shall pay and remit the tax to the board as required by this part. -(c) The board shall administer and collect the tax imposed by this part pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2). For purposes of this part, the references in the Fee Collection Procedures Law to “fee” shall include the tax imposed by this part, and references to “feepayer” shall include a person liable for the payment of the taxes imposed by this part and collected pursuant to that law. -5502. -Every qualified renter shall register with the board. Every application for registration shall be made upon a form prescribed by the board and shall set forth the name under which the applicant transacts or intends to transact business, the location of its place or places of business, and other information as the board may require. An application for an account shall be authenticated in a form or pursuant to methods as may be prescribed by the board. -5503. -The board may prescribe, adopt, and enforce regulations relating to the administration and enforcement of this part, including, but not limited to, collections, reporting, refunds, and appeals. -5504. -The taxes imposed by this part are due and payable to the board quarterly on or before the last day of the month next succeeding each quarterly period. -5505. -(a) On or before the last day of the month following each quarterly period of three months, a return for the preceding quarterly period shall be filed using electronic media with the board. -(b) The board may prescribe those forms and reporting requirements as are necessary to implement the tax. -(c) Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the board. -5505.5. -A qualified renter is relieved from liability for the tax imposed by this part that became due and payable, insofar as the measure of tax on the rental of qualified heavy equipment is represented by accounts which have been found worthless and charged off for income tax purposes. If the qualified renter has previously paid the amount of the tax, the qualified renter may, under the rules and regulations prescribed by the board, take as a deduction the amount found worthless and charged of by the retailer. If any such accounts are thereafter in whole or in part collected by the qualified renter, the amount so collected shall be included in the first return filed after such collection and the tax shall be paid with the return. -5506. -All revenues, interest, penalties, and other amounts collected pursuant to this part, less refunds and the board’s costs of administration, shall be deposited in the General Fund. -5507. -(a) For the 2016–17 fiscal year -and for each fiscal year thereafter, -to the 2025–26 fiscal year, inclusive, -the tax imposed pursuant to this part shall be in lieu of any property tax on qualified heavy equipment subject to taxation pursuant to this part. -(b) Property of a qualified renter that is not subject to the tax imposed pursuant to this part shall remain subject to any applicable property taxes. -5508. -This part shall be repealed on January 1, 2027. -SEC. 3. -The repeal of Part 11 (commencing with Section 5500) of Division 1 of the Revenue and Taxation Code by the act adding this section shall not affect any act done or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause, before such repeal; but all rights and liabilities under such law shall continue, and may be enforced in the same manner, as if such repeal had not been made. -SEC. 3. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 4. -SEC. 5. -Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.","The California Constitution authorizes the Legislature to classify personal property for differential taxation or for exemption by means of a statute approved by a -2/3 -vote of the membership of each house. -This bill would, pursuant to this constitutional authorization, on and after July 1, 2016, -to before July 1, 2026, -impose a tax on every qualified renter for the privilege of renting qualified heavy equipment in this state at the rate of 0.75% of the rental price from the renting of qualified heavy equipment. This bill would require a qualified renter to pay and remit the tax, as provided. This bill would provide that this tax shall be in lieu of any personal property tax on qualified heavy equipment. This bill would require the tax to be administered by the State Board of Equalization and to be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. This bill would require all revenues, interest, penalties, and other amounts, less refunds and the board’s costs of administration, derived from the imposition of the tax to be deposited in the General Fund. -Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction’s portion of the annual tax increment, as defined. Existing property tax law also reduces the amounts of ad valorem property tax revenue that would otherwise be annually allocated to the county, cities, and special districts pursuant to these general allocation requirements by requiring, for purposes of determining property tax revenue allocations in each county for the 1992–93 and 1993–94 fiscal years, that the amounts of property tax revenue deemed allocated in the prior fiscal year to the county, cities, and special districts be reduced in accordance with certain formulas. It requires that the revenues not allocated to the county, cities, and special districts as a result of these reductions be transferred to the Educational Revenue Augmentation Fund in that county for allocation to school districts, community college districts, and the county office of education. -This bill would, for the 2016–17 fiscal year -and for each fiscal year thereafter, -to the 2025–26 fiscal year, inclusive, -require the county auditor to increase the total amount of ad valorem property tax revenue that is otherwise required to be allocated among the county and each city and special district in the county by the qualified heavy equipment reimbursement amount, as defined, and to commensurately decrease the amount of ad valorem property tax revenue that is otherwise required to be allocated to the county Educational Revenue Augmentation Fund and, if necessary, the amount of those -revenue -revenues -otherwise required to be allocated to school districts, as specified, by the qualified heavy equipment reimbursement amount. -By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, and by imposing new duties upon local officials in the allocation of ad valorem property tax revenues, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. -Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. -This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.","An act to add -and repeal -Section 97.83 -to, -of, -and to add -and repeal -Part 11 (commencing with Section 5500) -to -of -Division 1 of, the Revenue and Taxation Code, relating to taxation." -137,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11165 of the Health and Safety Code is amended to read: -11165. -(a) To assist health care practitioners in their efforts to ensure appropriate prescribing, ordering, administering, furnishing, and dispensing of controlled substances, law enforcement and regulatory agencies in their efforts to control the diversion and resultant abuse of Schedule II, Schedule III, and Schedule IV controlled substances, and for statistical analysis, education, and research, the Department of Justice shall, contingent upon the availability of adequate funds in the CURES Fund, maintain the Controlled Substance Utilization Review and Evaluation System (CURES) for the electronic monitoring of, and Internet access to information regarding, the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by all practitioners authorized to prescribe, order, administer, furnish, or dispense these controlled substances. -(b) The Department of Justice may seek and use grant funds to pay the costs incurred by the operation and maintenance of CURES. The department shall annually report to the Legislature and make available to the public the amount and source of funds it receives for support of CURES. -(c) (1) The operation of CURES shall comply with all applicable federal and state privacy and security laws and regulations. -(2) (A) CURES shall operate under existing provisions of law to safeguard the privacy and confidentiality of patients. Data obtained from CURES shall only be provided to appropriate state, local, and federal public agencies for disciplinary, civil, or criminal purposes and to other agencies or entities, as determined by the Department of Justice, for the purpose of educating practitioners and others in lieu of disciplinary, civil, or criminal actions. Data may be provided to public or private entities, as approved by the Department of Justice, for educational, peer review, statistical, or research purposes, provided that patient information, including any information that may identify the patient, is not compromised. Further, data disclosed to any individual or agency as described in this subdivision shall not be disclosed, sold, or transferred to any third party, unless authorized by, or pursuant to, state and federal privacy and security laws and regulations. The Department of Justice shall establish policies, procedures, and regulations regarding the use, access, evaluation, management, implementation, operation, storage, disclosure, and security of the information within CURES, consistent with this subdivision. -(B) Notwithstanding subparagraph (A), a regulatory board whose licensees do not prescribe, order, administer, furnish, or dispense controlled substances shall not be provided data obtained from CURES. -(3) In accordance with federal and state privacy laws and regulations, a health care practitioner may provide a patient with a copy of the patient’s CURES patient activity report as long as no additional CURES data is provided and keep a copy of the report in the patient’s medical record in compliance with subdivision (d) of Section 11165.1. -(d) For each prescription for a Schedule II, Schedule III, or Schedule IV controlled substance, as defined in the controlled substances schedules in federal law and regulations, specifically Sections 1308.12, 1308.13, and 1308.14, respectively, of Title 21 of the Code of Federal Regulations, the dispensing pharmacy, clinic, or other dispenser shall report the following information to the Department of Justice as soon as reasonably possible, but not more than seven days after the date a controlled substance is dispensed, in a format specified by the Department of Justice: -(1) Full name, address, and, if available, telephone number of the ultimate user or research subject, or contact information as determined by the Secretary of the United States Department of Health and Human Services, and the gender, and date of birth of the ultimate user. -(2) The prescriber’s category of licensure, license number, national provider identifier (NPI) number, if applicable, the federal controlled substance registration number, and the state medical license number of any prescriber using the federal controlled substance registration number of a government-exempt facility. -(3) Pharmacy prescription number, license number, NPI number, and federal controlled substance registration number. -(4) National Drug Code (NDC) number of the controlled substance dispensed. -(5) Quantity of the controlled substance dispensed. -(6) International Statistical Classification of Diseases, 9th revision (ICD-9) or 10th revision (ICD-10) Code, if available. -(7) Number of refills ordered. -(8) Whether the drug was dispensed as a refill of a prescription or as a first-time request. -(9) Date of origin of the prescription. -(10) Date of dispensing of the prescription. -(e) The Department of Justice may invite stakeholders to assist, advise, and make recommendations on the establishment of rules and regulations necessary to ensure the proper administration and enforcement of the CURES database. All prescriber and dispenser invitees shall be licensed by one of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, in active practice in California, and a regular user of CURES. -(f) The Department of Justice shall, prior to upgrading CURES, consult with prescribers licensed by one of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, one or more of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, and any other stakeholder identified by the department, for the purpose of identifying desirable capabilities and upgrades to the CURES Prescription Drug Monitoring Program (PDMP). -(g) The Department of Justice may establish a process to educate authorized subscribers of the CURES PDMP on how to access and use the CURES PDMP. -SEC. 2. -Section 11165.1 of the Health and Safety Code is amended to read: -11165.1. -(a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 shall, before July 1, 2016, or upon receipt of a federal Drug Enforcement Administration (DEA) registration, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that practitioner the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES Prescription Drug Monitoring Program (PDMP). -(ii) A pharmacist shall, before July 1, 2016, or upon licensure, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that pharmacist the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES PDMP. -(B) An application may be denied, or a subscriber may be suspended, for reasons which include, but are not limited to, the following: -(i) Materially falsifying an application for a subscriber. -(ii) Failure to maintain effective controls for access to the patient activity report. -(iii) Suspended or revoked federal DEA registration. -(iv) Any subscriber who is arrested for a violation of law governing controlled substances or any other law for which the possession or use of a controlled substance is an element of the crime. -(v) Any subscriber accessing information for any other reason than caring for his or her patients. -(C) Any authorized subscriber shall notify the Department of Justice within 30 days of any changes to the subscriber account. -(2) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 or a pharmacist shall be deemed to have complied with paragraph (1) if the licensed health care practitioner or pharmacist has been approved to access the CURES database through the process developed pursuant to subdivision (a) of Section 209 of the Business and Professions Code. -(b) Any request for, or release of, a controlled substance history pursuant to this section shall be made in accordance with guidelines developed by the Department of Justice. -(c) In order to prevent the inappropriate, improper, or illegal use of Schedule II, Schedule III, or Schedule IV controlled substances, the Department of Justice may initiate the referral of the history of controlled substances dispensed to an individual based on data contained in CURES to licensed health care practitioners, pharmacists, or both, providing care or services to the individual. -(d) The history of controlled substances dispensed to an individual based on data contained in CURES that is received by a practitioner or pharmacist from the Department of Justice pursuant to this section is medical information subject to the provisions of the Confidentiality of Medical Information Act contained in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. -(e) Information concerning a patient’s controlled substance history provided to a prescriber or pharmacist pursuant to this section shall include prescriptions for controlled substances listed in Sections 1308.12, 1308.13, and 1308.14 of Title 21 of the Code of Federal Regulations. -(f) A health care practitioner, pharmacist, and any person acting on behalf of a health care practitioner or pharmacist, when acting with reasonable care and in good faith, is not subject to civil or administrative liability arising from any false, incomplete, inaccurate, or misattributed information submitted to, reported by, or relied upon in the CURES database or for any resulting failure of the CURES database to accurately or timely report that information. -SEC. 3. -Section 11165.4 is added to the Health and Safety Code, to read: -11165.4. -(a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance shall consult the CURES database to review a patient’s controlled substance history before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and at least once every four months thereafter if the substance remains part of the treatment of the patient. -(ii) If a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance is not required, pursuant to an exemption described in subdivision (c), to consult the CURES database the first time he or she prescribes, orders, administers, or furnishes a controlled substance to a patient, he or she shall consult the CURES database to review the patient’s controlled substance history before subsequently prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient and at least once every four months thereafter if the substance remains part of the treatment of the patient. -(B) For purposes of this paragraph, “first time” means the initial occurrence in which a health care practitioner, in his or her role as a health care practitioner, intends to prescribe, order, administer, or furnish a Schedule II, Schedule III, or Schedule IV controlled substance to a patient and has not previously prescribed a controlled substance to the patient. -(2) A health care practitioner shall obtain a patient’s controlled substance history from the CURES database no earlier than 24 hours, or the previous business day, before he or she prescribes, orders, administers, or furnishes a Schedule II, Schedule III, or Schedule IV controlled substance to the patient. -(b) The duty to consult the CURES database, as described in subdivision (a), does not apply to veterinarians or pharmacists. -(c) The duty to consult the CURES database, as described in subdivision (a), does not apply to a health care practitioner in any of the following circumstances: -(1) If a health care practitioner prescribes, orders, or furnishes a controlled substance to be administered to a patient while the patient is admitted to any of the following facilities or during an emergency transfer between any of the following facilities for use while on facility premises: -(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2. -(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2. -(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2. -(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2. -(2) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance in the emergency department of a general acute care hospital and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use. -(3) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient as part of the patient’s treatment for a surgical procedure and the quantity of the controlled substance does not exceed a nonrefillable five-day supply of the controlled substance to be used in accordance with the directions for use, in any of the following facilities: -(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2. -(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2. -(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2. -(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2. -(E) A place of practice, as defined in Section 1658 of the Business and Professions Code. -(4) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient currently receiving hospice care, as defined in Section 1339.40. -(5) (A) If all of the following circumstances are satisfied: -(i) It is not reasonably possible for a health care practitioner to access the information in the CURES database in a timely manner. -(ii) Another health care practitioner or designee authorized to access the CURES database is not reasonably available. -(iii) The quantity of controlled substance prescribed, ordered, administered, or furnished does not exceed a nonrefillable five-day supply of the controlled substance to be used in accordance with the directions for use and no refill of the controlled substance is allowed. -(B) A health care practitioner who does not consult the CURES database under subparagraph (A) shall document the reason he or she did not consult the database in the patient’s medical record. -(6) If the CURES database is not operational, as determined by the department, or when it cannot be accessed by a health care practitioner because of a temporary technological or electrical failure. A health care practitioner shall, without undue delay, seek to correct any cause of the temporary technological or electrical failure that is reasonably within his or her control. -(7) If the CURES database cannot be accessed because of technological limitations that are not reasonably within the control of a health care practitioner. -(8) If consultation of the CURES database would, as determined by the health care practitioner, result in a patient’s inability to obtain a prescription in a timely manner and thereby adversely impact the patient’s medical condition, provided that the quantity of the controlled substance does not exceed a nonrefillable five-day supply if the controlled substance were used in accordance with the directions for use. -(d) (1) A health care practitioner who fails to consult the CURES database, as described in subdivision (a), shall be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board. -(2) This section does not create a private cause of action against a health care practitioner. This section does not limit a health care practitioner’s liability for the negligent failure to diagnose or treat a patient. -(e) This section is not operative until six months after the Department of Justice certifies that the CURES database is ready for statewide use and that the department has adequate staff, which, at a minimum, shall be consistent with the appropriation authorized in Schedule (6) of Item 0820-001-0001 of the Budget Act of 2016 (Chapter 23 of the Statutes of 2016), user support, and education. The department shall notify the Secretary of State and the office of the Legislative Counsel of the date of that certification. -(f) All applicable state and federal privacy laws govern the duties required by this section. -(g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law classifies certain controlled substances into designated schedules. Existing law requires the Department of Justice to maintain the Controlled Substance Utilization Review and Evaluation System (CURES) for the electronic monitoring of the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by all practitioners authorized to prescribe, administer, furnish, or dispense these controlled substances. Existing law requires dispensing pharmacies and clinics to report specified information for each prescription of a Schedule II, Schedule III, or Schedule IV controlled substance to the department. -This bill would require a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance to consult the CURES database to review a patient’s controlled substance history no earlier than 24 hours, or the previous business day, before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and at least once every 4 months thereafter if the substance remains part of the treatment of the patient. The bill would exempt a veterinarian and a pharmacist from this requirement. The bill would also exempt a health care practitioner from this requirement under specified circumstances, including, among others, if prescribing, ordering, administering, or furnishing a controlled substance to a patient receiving hospice care, to a patient admitted to a specified facility for use while on facility premises, or to a patient as part of a treatment for a surgical procedure in a specified facility if the quantity of the controlled substance does not exceed a nonrefillable 5-day supply of the controlled substance that is to be used in accordance with the directions for use. The bill would require, if a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance is not required to consult the CURES database the first time he or she prescribes, orders, administers, or furnishes a controlled substance to a patient pursuant to one of those exemptions, the health care practitioner to consult the CURES database before subsequently prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient and at least once every 4 months thereafter if the substance remains part of the treatment of the patient. -This bill would provide that a health care practitioner who fails to consult the CURES database is required to be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board. The bill would make the above-mentioned provisions operative 6 months after the Department of Justice certifies that the CURES database is ready for statewide use and that the department has adequate staff, user support, and education, as specified. -This bill would also exempt a health care practitioner, pharmacist, and any person acting on behalf of a health care practitioner or pharmacist, when acting with reasonable care and in good faith, from civil or administrative liability arising from any false, incomplete, inaccurate, or misattributed information submitted to, reported by, or relied upon in the CURES database or for any resulting failure of the CURES database to accurately or timely report that information. -Existing law requires the operation of the CURES database to comply with all applicable federal and state privacy and security laws and regulations. Existing law authorizes the disclosure of data obtained from the CURES database to agencies and entities only for specified purposes and requires the Department of Justice to establish policies, procedures, and regulations regarding the use, access, disclosure, and security of the information within the CURES database. -This bill would authorize a health care practitioner to provide a patient with a copy of the patient’s CURES patient activity report if no additional CURES data is provided. The bill would also prohibit a regulatory board whose licensees do not prescribe, order, administer, furnish, or dispense controlled substances from obtaining data from the CURES database.","An act to amend Sections 11165 and 11165.1 of, and to add Section 11165.4 to, the Health and Safety Code, relating to controlled substances." -138,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1253.7 is added to the Health and Safety Code, to read: -1253.7. -(a) (1) For purposes of this chapter, “observation services” means outpatient services provided by a general acute care hospital to those patients described in subdivision (e) who have unstable or uncertain conditions potentially serious enough to warrant close observation, but not so serious as to warrant inpatient admission to the hospital. Observation services may include the use of a bed, monitoring by nursing and other staff, and any other services that are reasonable and necessary to safely evaluate a patient’s condition or determine the need for a possible inpatient admission to the hospital. -(2) For purposes of this chapter, “observation unit” means an area where observation services are provided in a setting outside of an inpatient -unit -unit, and that is not part of an emergency department, -of a general acute care hospital. -(b) Observation services in observation units, as defined in subdivision (a), may be provided for a period of no more than 24 hours. -(c) A general acute care hospital that provides observation services in an observation unit shall apply for approval from the department, pursuant to subdivision (a) of Section 1253.6, to provide services in an observation unit as a supplemental service. -(d) The department shall adopt standards and regulations, pursuant to subdivision (a) of Section 1275, for providing observation services in an observation unit as a supplemental service under the general acute care hospital’s license. -(e) Observation services may be ordered by an appropriately licensed practitioner only for any of the following: -(1) A patient who has received triage services in the emergency department but has not been admitted as an inpatient. -(2) A patient who has received outpatient surgical services and procedures. -(3) A patient who has been admitted as an inpatient and is discharged to receive observation services. -(4) A patient previously seen in a physician’s office or outpatient clinic. -(f) Notwithstanding subdivisions (d) and (e) of Section 1275, observation services provided by the general acute care hospital in an observation unit, including the services provided in a freestanding physical plant, as defined in subdivision (g) of Section 1275, shall comply with the same staffing standards, including, but not limited to, licensed nurse-to-patient ratios, as supplemental emergency services. -(g) A patient receiving observation services shall receive written notice that his or her care is being provided on an outpatient basis, and that this may impact reimbursement by Medicare, Medi-Cal, or private payers of health care services, or cost-sharing arrangements through his or her health care coverage. -(h) Observation units shall be marked with signage identifying the area as an outpatient area. The signage shall use the term “outpatient” in the title of the area to clearly indicate to all patients and family members that the observation services provided in the center are not inpatient services. -(i) Observation services shall be deemed outpatient or ambulatory services that are revenue-producing cost centers associated with hospital-based or satellite service locations that emphasize outpatient care. Identifying an observation unit by a name or term other than that used in this subdivision does not exempt the general acute care hospital from the requirement to obtain approval from the department to provide observation services as a distinct supplemental service when observation services are provided in a setting outside of an inpatient unit of a general acute care hospital. -SEC. 2. -Section 128740 of the Health and Safety Code is amended to read: -128740. -(a) Commencing with the first calendar quarter of 1992, the following summary financial and utilization data shall be reported to the office by each hospital within 45 days of the end of every calendar quarter. Adjusted reports reflecting changes as a result of audited financial statements may be filed within four months of the close of the hospital’s fiscal or calendar year. The quarterly summary financial and utilization data shall conform to the uniform description of accounts as contained in the Accounting and Reporting Manual for California Hospitals and shall include all of the following: -(1) Number of licensed beds. -(2) Average number of available beds. -(3) Average number of staffed beds. -(4) Number of discharges. -(5) Number of inpatient days. -(6) Number of outpatient visits, excluding observation service visits. -(7) Number of observation service visits and number of hours of services provided. -(8) Total operating expenses. -(9) Total inpatient gross revenues by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers. -(10) Total outpatient gross revenues by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers. -(11) Total observation service gross revenues by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers. -(12) Deductions from revenue in total and by component, including the following: Medicare contractual adjustments, Medi-Cal contractual adjustments, and county indigent program contractual adjustments, other contractual adjustments, bad debts, charity care, restricted donations and subsidies for indigents, support for clinical teaching, teaching allowances, and other deductions. -(13) Total capital expenditures. -(14) Total net fixed assets. -(15) Total number of inpatient days, outpatient visits excluding observation services, observation services, and discharges by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, self-pay, charity, and other payers. -(16) Total net patient revenues by payer including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers. -(17) Other operating revenue. -(18) Nonoperating revenue net of nonoperating expenses. -(b) Hospitals reporting pursuant to subdivision (d) of Section 128760 may provide the items in paragraphs (8), (9), (10), (12), (16), (17), and (18) of subdivision (a) on a group basis, as described in subdivision (d) of Section 128760. -(c) The office shall make available at cost, to any person, a hardcopy of any hospital report made pursuant to this section and in addition to hardcopies shall make available at cost, a computer tape of all reports made pursuant to this section within 105 days of the end of every calendar quarter. -(d) The office shall adopt by regulation guidelines for the identification, assessment, and reporting of charity care services. In establishing the guidelines, the office shall consider the principles and practices recommended by professional health care industry accounting associations for differentiating between charity services and bad debts. The office shall further conduct the onsite validations of health facility accounting and reporting procedures and records as are necessary to ensure that reported data are consistent with regulatory guidelines. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensing and regulation of health facilities, including, but not limited to, general acute care hospitals. A violation of these provisions is a crime. -Existing law authorizes the department to issue a special permit authorizing a health facility to offer one or more special services when specified requirements are met. Existing law requires general acute care hospitals to apply for supplemental services approval and requires the department to, upon issuance and renewal of a license for certain health facilities, separately identify on the license each supplemental service. Existing law requires a hospital to report specified summary financial and utilization data to the Office of Statewide Health Planning and Development (OSHPD) within 45 days of the end of every calendar quarter. -This bill would require a general acute care hospital that provides observation services, as defined, to apply for approval from the department to provide these services as supplemental services. The bill would require the department to adopt standards and regulations for a hospital providing observation services as an approved supplemental service under the general acute care hospital’s license. The bill would require hospitals to include certain data relating to observation service visits and total observation service gross revenues in the reports filed with OSHPD. -(2) Because a violation of these provisions by a health facility would be a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 128740 of, and to add Section 1253.7 to, the Health and Safety Code, relating to health care." -139,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1507.6 of the Health and Safety Code is amended to read: -1507.6. -(a) Mental health services, as deemed necessary by the placing agency, may be provided to children in a group home. Except for the physical safety and direct care and supervision of children so placed, the State Department of Social Services and its agents shall not evaluate or have responsibility or liability for the evaluation of mental health services provided in those homes. Supervision of mental health treatment services provided to a child in a group home shall be a case management responsibility of the placing agency. -(b) (1) Psychotropic medications shall be used only in accordance with the written directions of the physician prescribing the medication and as authorized by the juvenile court pursuant to Section 369.5 or 739.5 of the Welfare and Institutions Code. -(2) The facility shall maintain in a child’s records all of the following information: -(A) A copy of any court order authorizing the psychotropic medication for the child. -(B) A separate log for each psychotropic medication prescribed for the child, showing all of the following: -(i) The name of the medication. -(ii) The date of the prescription. -(iii) The quantity of medication and number of refills initially prescribed. -(iv) When applicable, any additional refills prescribed. -(v) The required dosage and directions for use as specified in writing by the physician prescribing the medication, including any changes directed by the physician. -(vi) The date and time of each dose taken by the child. -(3) This subdivision does not apply to a runaway and homeless youth shelter, as defined in Section 1502. -SEC. 2. -Section 1536 of the Health and Safety Code is amended to read: -1536. -(a) (1) At least annually, the department shall publish and make available to interested persons a list or lists covering all licensed community care facilities, other than foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer foster children, and the services for which each facility has been licensed or issued a special permit. -(2) For a group home, transitional housing placement provider, community treatment facility, runaway and homeless youth shelter, or short-term residential treatment center, the list shall include both of the following: -(A) The number of licensing complaints, types of complaint, and outcomes of complaints, including citations, fines, exclusion orders, license suspensions, revocations, and surrenders. -(B) The number, types, and outcomes of law enforcement contacts made by the facility staff or children, as reported pursuant to subdivision (a) of Section 1538.7. -(b) Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses, upon request, only to bona fide professional foster parent organizations and to professional organizations educating foster parents, including the Foster and Kinship Care Education Program of the California Community Colleges. -(c) Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver. -(d) The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agency’s failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations. -(e) The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information: -(1) Monthly reports by a foster family agency regarding family homes. -(2) A log of family homes certified and decertified, provided by a foster family agency to the department. -(3) Notification by a foster family agency to the department informing the department of a foster family agency’s determination to decertify a certified family home due to any of the following actions by the certified family parent: -(A) Violating licensing rules and regulations. -(B) Aiding, abetting, or permitting the violation of licensing rules and regulations. -(C) Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home. -(D) Being convicted of a crime while a certified family parent. -(E) Knowingly allowing any child to have illegal drugs or alcohol. -(F) Committing an act of child abuse or neglect or an act of violence against another person. -(f) At least annually, the department shall post on its Internet Web site a statewide summary of the information gathered pursuant to Sections 1538.8 and 1538.9. The summary shall include only de-identified and aggregate information that does not violate the confidentiality of a child’s identity and records. -SEC. 3. -Section 1538.8 is added to the Health and Safety Code, to read: -1538.8. -(a) (1) In order to review and evaluate the use of psychotropic medications in group homes, the department shall compile, to the extent feasible and not otherwise prohibited by law and based on information received from the State Department of Health Care Services, at least annually, information concerning each group home, including, but not limited to, the child welfare psychotropic medication measures developed by the department and the following Healthcare Effectiveness Data and Information Set (HEDIS) measures related to psychotropic medications: -(A) Follow-Up Care for Children Prescribed Attention Deficit Hyperactivity Disorder Medication (HEDIS ADD), which measures the number of children 6 to 12 years of age, inclusive, who have a visit with a provider with prescribing authority within 30 days of the new prescription. -(B) Use of Multiple Concurrent Antipsychotics in Children and Adolescents (HEDIS APC), which does both of the following: -(i) Measures the number of children receiving an antipsychotic medication for at least 60 out of 90 days and the number of children who additionally receive a second antipsychotic medication that overlaps with the first. -(ii) Reports a total rate and age stratifications including 6 to 11 years of age, inclusive, and 12 to 17 years of age, inclusive. -(C) Use of First-Line Psychosocial Care for Children and Adolescents on Antipsychotics (HEDIS APP), which measures whether a child has received psychosocial services 90 days before through 30 days after receiving a new prescription for an antipsychotic medication. -(D) Metabolic Monitoring for Children and Adolescents on Antipsychotics (HEDIS APM), which does both of the following: -(i) Measures testing for glucose or HbA1c and lipid or cholesterol of a child who has received at least two different antipsychotic prescriptions on different days. -(ii) Reports a total rate and age stratifications including 6 to 11 years of age, inclusive, and 12 to 17 years of age, inclusive. -(2) The department shall post the list of data to be collected pursuant to this subdivision on the department’s Internet Web site. -(b) The data in subdivision (a) concerning psychotropic medication, mental health services, and placement shall be drawn from existing data maintained by the State Department of Health Care Services and the State Department of Social Services and shared pursuant to a data sharing agreement meeting the requirements of all applicable state and federal laws and regulations. -(c) This section does not apply to a runaway and homeless youth shelter, as defined in Section 1502. -SEC. 4. -Section 1538.9 is added to the Health and Safety Code, to read: -1538.9. -(a) (1) (A) The department shall consult with the State Department of Health Care Services and stakeholders to establish a methodology for identifying those group homes providing care under the AFDC-FC program pursuant to Sections 11460 and 11462 of the Welfare and Institutions Code that have levels of psychotropic drug utilization warranting additional review. The methodology shall be adopted on or before July 1, 2016. -(B) Every three years after adopting the methodology developed under subparagraph (A), or earlier if needed, the department shall consult with the State Department of Health Care Services and stakeholders and revise the methodology, if necessary. -(2) If the department, applying the methodology described in paragraph (1), determines that a facility appears to have levels of psychotropic drug utilization warranting additional review, it shall inspect the facility at least once a year. -(3) The inspection of the facility shall include, but not be limited to, a review of the following: -(A) Plan of operation, policies, procedures, and practices. -(B) Child-to-staff ratios. -(C) Staff qualifications and training. -(D) Implementation of children’s needs and services plan. -(E) Availability of psychosocial and other alternative treatments to the use of psychotropic medications. -(F) Other factors that the department determines contribute to levels of psychotropic drug utilization that warrant additional review. -(G) Confidential interviews of children residing in the facility at the time of the inspection. -(4) The inspection of the facility may include, but is not limited to, the following: -(A) Confidential interviews of children who resided in the facility within the last six months. -(B) Confidential discussions with physicians identified as prescribing the medications. -(b) Following an inspection conducted pursuant to this section, the department, as it deems appropriate, may do either or both of the following: -(1) Share relevant information and observations with county placing agencies, social workers, probation officers, the court, dependency counsel, or the Medical Board of California, as applicable. -(2) Share relevant information and observations with the facility and require the facility to submit a plan, within 30 days of receiving the information and observations from the department, to address any identified risks within the control of the facility related to psychotropic medication. The department shall approve the plan and verify implementation of the plan to determine whether those risks have been remedied. -(c) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), until emergency regulations are filed with the Secretary of State, the department may implement this section through all-county letters or similar instructions. -(2) On or before January 1, 2017, the department shall adopt regulations to implement this section. The initial adoption, amendment, or repeal of a regulation authorized by this subdivision is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption, amendment, or repeal of an emergency regulation pursuant to this section, the department may twice request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code. The department shall adopt final regulations on or before January 1, 2018. -(d) Nothing in this section does any of the following: -(1) Replaces or alters other requirements for responding to complaints and making inspections or visits to group homes, including, but not limited to, those set forth in Sections 1534 and 1538. -(2) Prevents or precludes the department from taking any other action permitted under any other law, including any regulation adopted pursuant to this chapter. -(e) This section does not apply to a runaway and homeless youth shelter, as defined in Section 1502. -SEC. 5. -Section 11469 of the Welfare and Institutions Code is amended to read: -11469. -(a) The department shall develop, following consultation with group home providers, the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, the State Department of Health Care Services, and stakeholders, performance standards and outcome measures for determining the effectiveness of the care and supervision, as defined in subdivision (b) of Section 11460, provided by group homes under the AFDC-FC program pursuant to Sections 11460 and 11462. These standards shall be designed to measure group home program performance for the client group that the group home program is designed to serve. -(1) The performance standards and outcome measures shall be designed to measure the performance of group home programs in areas over which the programs have some degree of influence, and in other areas of measurable program performance that the department can demonstrate are areas over which group home programs have meaningful managerial or administrative influence. -(2) These standards and outcome measures shall include, but are not limited to, the effectiveness of services provided by each group home program, and the extent to which the services provided by the group home assist in obtaining the child welfare case plan objectives for the child. -(3) In addition, when the group home provider has identified as part of its program for licensing, ratesetting, or county placement purposes, or has included as a part of a child’s case plan by mutual agreement between the group home and the placing agency, specific mental health, education, medical, and other child-related services, the performance standards and outcome measures may also measure the effectiveness of those services. -(b) Regulations regarding the implementation of the group home performance standards system required by this section shall be adopted no later than one year prior to implementation. The regulations shall specify both the performance standards system and the manner by which the AFDC-FC rate of a group home program shall be adjusted if performance standards are not met. -(c) Except as provided in subdivision (d), effective July 1, 1995, group home performance standards shall be implemented. Any group home program not meeting the performance standards shall have its AFDC-FC rate, set pursuant to Section 11462, adjusted according to the regulations required by this section. -(d) A group home program shall be classified at rate classification level 13 or 14 only if all of the following are met: -(1) The program generates the requisite number of points for rate classification level 13 or 14. -(2) The program only accepts children with special treatment needs as determined through the assessment process pursuant to paragraph (2) of subdivision (a) of Section 11462.01. -(3) The program meets the performance standards designed pursuant to this section. -(e) Notwithstanding subdivision (c), the group home program performance standards system shall not be implemented prior to the implementation of the AFDC-FC performance standards system. -(f) On or before January 1, 2016, the department shall develop, following consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, research entities, foster children, advocates for foster children, foster care provider business entities organized and operated on a nonprofit basis, Indian tribes, and other stakeholders, additional performance standards and outcome measures that require group homes to implement programs and services to minimize law enforcement contacts and delinquency petition filings arising from incidents of allegedly unlawful behavior by minors occurring in group homes or under the supervision of group home staff, including individualized behavior management programs, emergency intervention plans, and conflict resolution processes. -(g) On or before January 1, 2017, the department shall develop, following consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, the Medical Board of California, research entities, foster children advocates for foster children, foster care provider business entities organized and operated on a nonprofit basis, Indian tribes, and other stakeholders, additional performance standards and outcome measures that require group homes to implement alternative programs and services, including individualized behavior management programs, emergency intervention plans, and conflict resolution processes. -SEC. 6. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) The California Community Care Facilities Act provides for the licensure and regulation of community care facilities, including foster family homes and group homes, by the State Department of Social Services. A violation of this act is a misdemeanor. -Under existing law, a child in a group home may receive mental health services, as deemed necessary by the placing agency and under the case management of that agency. Under existing law, only a juvenile court judicial officer may make orders regarding the administration of psychotropic medications to a child adjudged a dependent or ward of the court and removed from the physical custody of the parent. Existing law requires that the order be based on a request from a physician, indicating the reasons for the request and a description of the child’s diagnosis and behavior, among other requirements. -This bill would provide that psychotropic medications may be used at a group home, other than at a runaway and homeless youth shelter, only in accordance with the written directions of the physician prescribing the medication and as authorized by the juvenile court. The bill would require the group home to maintain in the child’s records specified information regarding the administration of those medications. -(2) Existing law requires the Director of Social Services, at least annually, to publish and make available to interested persons a list covering all licensed community care facilities, except as specified, and the services for which each facility has been licensed or issued a special permit. -This bill would require the department to compile specified information regarding the administration of psychotropic medications to children in group homes and to post that information on the department’s Internet Web site. The bill would require the department, in consultation with the State Department of Health Care Services and stakeholders, to establish a methodology to identify those group homes that have levels of psychotropic drug utilization warranting additional review, as specified. The bill would also require the department, for the facilities identified by the methodology that it establishes, to visit those facilities at least once a year to examine specified factors. The bill would authorize the department, following that inspection, to share relevant information and observations with county placing agencies, social workers, probation officers, the court, dependency counsel, or the Medical Board of California, or share relevant information and observations with the facility and require the facility to submit a plan to the department, within 30 days of receiving the department’s information and observations, to address any identified risks within the control of the facility related to psychotropic medication. The bill would require the department to approve the plan and verify the plan’s implementation to determine whether those identified risks have been remedied. Because the failure of the facility to comply with these provisions would be a misdemeanor, the bill would impose a state-mandated local program. -(3) Existing law requires the department, on or before January 1, 2016, in consultation with specified associations and other stakeholders, to develop additional performance standards and outcome measures that require group homes to implement programs and services to minimize law enforcement contacts with minors in group homes or under supervision of group home staff. -This bill would require the department, on or before January 1, 2017, in consultation with specified associations and other stakeholders, to develop additional performance standards and outcome measures that require group homes to implement alternative programs and services, as specified. The bill would make related changes. -(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 1507.6 and 1536 of, and to add Sections 1538.8 and 1538.9 to, the Health and Safety Code, and to amend Section 11469 of the Welfare and Institutions Code, relating to juveniles." -140,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature hereby finds and declares all of the following: -(a) The county sanitation districts of Los Angeles County (sanitation districts) were established in 1923 under the County Sanitation District Act (Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code). -(b) The sanitation districts provide regional solid waste management and wastewater collection and treatment services for 5.5 million people in 78 cities and unincorporated communities. -(c) Eighty-four cities in Los Angeles County, the Los Angeles County Flood Control District, and Los Angeles County unincorporated areas are all regulated under a permit for the Municipal Separate Storm Sewer System (MS4), the most recent of which was adopted by the California Regional Water Quality Control Board, Los Angeles Region, in December 2012. -(d) The City of Long Beach is regulated under its own permit for its MS4, the most recent of which was adopted by the regional board in February 2014. -(e) The MS4 is a large, interconnected system that encompasses over 3,000 square miles, and is operated and maintained in large part by the Los Angeles County Flood Control District and used by multiple cities along with Los Angeles County. -(f) The Los Angeles County Flood Control District is primarily focused on operation and maintenance of the MS4 infrastructure for the purposes of flood protection and water conservation. -(g) This extensive system conveys stormwater and nonstormwater across municipal boundaries where it is commingled within the MS4 and then discharged to receiving water bodies, such as the Los Angeles River and San Gabriel River. -(h) It will be necessary for the cities, Los Angeles County Flood Control District, and Los Angeles County to spend millions of dollars per year to comply with the Los Angeles Region MS4 permits. -(i) The Los Angeles Region MS4 permit prohibits the discharge of nonstormwater into the MS4, subject to specified exceptions, and one management technique that can be effective in cleaning up nonstormwater discharges is to divert dry weather runoff into the sanitary sewer system, if sewer and treatment plant capacity are available and other regulatory requirements are met. -(j) Many of the cities, the Los Angeles County Flood Control District, and Los Angeles County are preparing watershed management plans and enhanced watershed management plans in order to identify stormwater and dry weather urban runoff projects and activities that will improve the water quality in the downstream receiving water bodies. -(k) The presiding officers of the cities and the Chair of the Los Angeles County Board of Supervisors serve as members of the boards of directors of the sanitation districts. -(l) The administrative board of directors of the sanitation districts formally requested that the sanitation districts seek the authority to use its civil engineering and water quality expertise to help the cities and county manage stormwater and dry weather urban runoff in order to comply with the Los Angeles Region MS4 permit in an efficient and effective manner. -(m) The Legislature does not intend for the sanitation districts’ activities related to the management and treatment of stormwater and dry weather urban runoff to interfere with the existing water management, flood protection, groundwater replenishment, or water conservation activities of other local or regional agencies. -(n) Because of the unique circumstances of the sanitation districts and the Los Angeles Region MS4, special legislation is necessary to augment the sanitation districts’ powers under the County Sanitation District Act. -SEC. 2. -Section 4730.68 is added to the Health and Safety Code, to read: -4730.68. -(a) This section applies only to county sanitation district numbers 1, 2, 3, 4, 5, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, and 34 of Los Angeles County, Newhall Ranch Sanitation District of Los Angeles County, South Bay Cities Sanitation District of Los Angeles County, and Santa Clarita Valley Sanitation District of Los Angeles County. The powers granted in this section supplement the existing powers of each district. -(b) A district may acquire, construct, operate, maintain, and furnish facilities for any of the following purposes: -(1) The diversion of stormwater and dry weather runoff from the stormwater drainage system within the district. -(2) The management and treatment of the stormwater and dry weather runoff. -(3) The discharge of the water to the stormwater drainage system or receiving waters. -(4) The beneficial use of the water. -(c) In order to carry out the powers and purposes granted under this section, the district may exercise any of the powers otherwise granted to a district by this chapter to the extent those powers may be made applicable. -(d) (1) Prior to initiating a stormwater or dry weather runoff program or project within the boundaries of an adjudicated groundwater basin, a district shall consult with the relevant watermaster for a preliminary determination as to whether the project is inconsistent with the adjudication. If the watermaster deems the project to be inconsistent with the adjudication, the watermaster shall recommend, in writing, the measures that are necessary in order to conform the project to the adjudication. -(2) Prior to initiating a stormwater or dry weather runoff project within the service area of a water replenishment district, a district shall consult with the water replenishment district for the purpose of avoiding potential conflicts with water replenishment activities. -(3) Prior to initiating a stormwater or dry weather runoff project, a district shall consult with the Los Angeles County Flood Control District for the purpose of avoiding potential conflicts with flood protection and water conservation activities. -(e) This section does not affect any obligation of a district to obtain a permit that may be required by law for the activities undertaken pursuant to this section. -(f) For purposes of this section, “stormwater” and “dry weather runoff” have the same meaning as in Section 10561.5 of the Water Code. -(g) Nothing in this section shall be construed to require any local agency to participate, financially or otherwise, in a project pursued under the authority granted by this section. -(h) Nothing in this section shall be construed to alter or interfere with any of the following: -(1) Existing water rights to water from any source, including any adjudicated rights allocated by a court judgment or order, including any physical solution, rights issued by the state or a state agency, and rights acquired pursuant to any federal or state statute. -(2) Existing water rights law. -(3) Any rights, remedies, or obligations that may exist pursuant to Article 1 (commencing with Section 1200) or Article 1.5 (commencing with Section 1210) of Chapter 1 of Part 2 of Division 2 of the Water Code, Chapter 10 (commencing with Section 1700) of Part 2 of Division 2 of the Water Code, or Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code. -SEC. 3. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the county sanitation districts of Los Angeles County.","The County Sanitation District Act authorizes a sanitation district to acquire, construct, and complete certain works, property, or structures necessary or convenient for sewage collection, treatment, and disposal. -This bill would authorize specified sanitation districts in the County of Los Angeles to acquire, construct, operate, maintain, and furnish facilities for the diversion, management, and treatment of stormwater and dry weather runoff, the discharge of the water to the stormwater drainage system, and the beneficial use of the water. The bill would require a district to consult with the Los Angeles County Flood Control District and the relevant watermaster or water replenishment district prior to initiating a stormwater or dry weather runoff program within the boundaries of an adjudicated groundwater basin or within the service area of a water replenishment district, as applicable. The bill would make related changes. -This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.","An act to add Section 4730.68 to the Health and Safety Code, relating to public sanitation." -141,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4652.5 of the Welfare and Institutions Code is amended to read: -4652.5. -(a) (1) An entity that receives payments from one or more regional centers shall contract with an independent accounting firm to obtain an independent audit or review of its financial statements relating to payments made by regional centers subject to all of the following: -(A) If the amount received from the regional center or regional centers during the entity’s fiscal year is more than or equal to five hundred thousand dollars ($500,000) but less than two million dollars ($2,000,000), the entity shall obtain an independent audit or independent review report of its financial statements for the period. Consistent with Subchapter 21 (commencing with Section 58800) of Title 17 of the California Code of Regulations, this subdivision shall also apply to work activity program providers receiving less than two hundred fifty thousand dollars ($250,000). -(B) If the amount received from the regional center or regional centers during the entity’s fiscal year is equal to or more than two million dollars ($2,000,000), the entity shall obtain an independent audit of its financial statements for the period. -(2) This requirement does not apply to payments made using usual and customary rates, as defined by Title 17 of the California Code of Regulations, for services provided by regional centers or social security benefit payments. -(3) This requirement does not apply to state and local governmental agencies, the University of California, or the California State University. -(b) An entity subject to subdivision (a) shall provide copies of the independent audit or independent review report required by subdivision (a), and accompanying management letters, to the vendoring regional center within -30 days after completion of the audit or review. -nine months of the end of the fiscal year for the entity. -(c) Regional centers that receive the audit or review reports required by subdivision (b) shall review and require resolution by the entity for issues identified in the report that have an impact on regional center services. Regional centers shall take appropriate action, up to termination of vendorization, for lack of adequate resolution of issues. -(d) Regional centers shall notify the department of all qualified opinion reports or reports noting significant issues that directly or indirectly impact regional center services within 30 days after receipt. Notification shall include a plan for resolution of issues. -(e) For purposes of this section, an independent review of financial statements shall be performed by an independent accounting firm and shall cover, at a minimum, all of the following: -(1) An inquiry as to the entity’s accounting principles and practices and methods used in applying them. -(2) An inquiry as to the entity’s procedures for recording, classifying, and summarizing transactions and accumulating information. -(3) Analytical procedures designed to identify relationships or items that appear to be unusual. -(4) An inquiry about budgetary actions taken at meetings of the board of directors or other comparable meetings. -(5) An inquiry about whether the financial statements have been properly prepared in conformity with generally accepted accounting principles and whether any events subsequent to the date of the financial statements would have a material effect on the statements under review. -(6) Working papers prepared in connection with a review of financial statements describing the items covered as well as any unusual items, including their disposition. -(f) For purposes of this section, an independent review report shall cover, at a minimum, all of the following: -(1) Certification that the review was performed in accordance with standards established by the American Institute of Certified Public Accountants. -(2) Certification that the statements are the representations of management. -(3) Certification that the review consisted of inquiries and analytical procedures that are lesser in scope than those of an audit. -(4) Certification that the accountant is not aware of any material modifications that need to be made to the statements for them to be in conformity with generally accepted accounting principles. -(g) The department shall not consider a request for adjustments to rates submitted in accordance with Title 17 of the California Code of Regulations by an entity receiving payments from one or more regional centers solely to fund either anticipated or unanticipated changes required to comply with this section. -(h) (1) An entity required to obtain an independent audit or independent review of its financial statement pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may apply to the regional center for, and the regional center shall grant, a two-year exemption from the independent audit or independent review requirement if the regional center does not find issues in the prior year’s independent audit or independent review that have an impact on regional center services. -(2) An entity required to obtain an independent audit of its financial statements pursuant to subparagraph (B) of paragraph (1) of subdivision (a) may apply to the regional center for an exemption from the independent audit requirement, subject to all of the following conditions: -(A) If the independent audit for the prior year resulted in an unmodified opinion or an unmodified opinion with additional communication, the regional center shall grant the entity a two-year exemption. -(B) If the independent audit for the prior year resulted in a qualified opinion and the issues are not material and pervasive, the regional center shall grant the entity a two-year exemption. However, the entity and the regional center shall continue to address issues raised in this independent audit, regardless of whether the exemption is granted. -(3) A regional center shall notify the department of any exemption it grants to an entity that receives a qualified opinion report.","Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is authorized to contract with regional centers to provide services and supports to individuals with developmental disabilities. Existing law requires an entity that receives payments between $250,000 and $500,000 per year from one or more regional centers to obtain an independent audit or review of its financial statements and requires an entity that receives payments that are equal to or more than $500,000 per year to obtain an independent audit. Existing law exempts payments made using usual and customary rates for services provided by regional centers from these requirements. -This bill would instead require an entity to obtain an independent audit or review report of its financial statements relating to payments made by regional centers if it receives payments between $500,000 and $2,000,000 from one or more regional centers and would authorize these entities to apply for, and require the regional center to grant, a 2-year exemption from this requirement if the regional center does not find issues in the audit or review that have an impact on regional center services. The bill would also require an entity to obtain an independent audit if it receives payments that are equal to or more than $2,000,000 and would authorize these entities to apply for, and require the regional center to grant, a 2-year exemption from the audit requirement if the audit resulted in an unmodified opinion, an unmodified opinion with additional communication, or a qualified opinion with issues that are not material and pervasive. The bill would require a regional center to notify the department of any exemption it grants to an entity that receives a qualified opinion report. The bill would also exempt social security benefit payments from these requirements.","An act to amend Section 4652.5 of the Welfare and Institutions Code, relating to developmental services." -142,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3057.5 of the Business and Professions Code is amended to read: -3057.5. -(a) Notwithstanding any other provision of this chapter, the board shall permit a graduate of a foreign university who meets all of the following requirements to take the examinations for an optometrist license: -(1) Is over 18 years of age. -(2) Is not subject to denial of a license under Section 480. -(3) Has obtained any of the following: -(A) A degree as a doctor of optometry issued by a university located outside of the United States. -(B) A degree from a school of optometry program located outside of the United States that has a minimum of a four year or equivalent curriculum leading to an optometry license in the country where the program is located. -(C) A degree from a school of medicine located outside of the United States and completed the necessary requirements to practice in the field of ophthalmology in the country where the school of medicine is located. -(4) Submits an application to obtain a letter of sponsorship on a form approved by the board. -(5) Pays to the board the fee for an application for licensure prescribed in subdivision (a) of Section 3152. -(b) (1) A graduate of a foreign university shall provide to the board any supporting documents requested by the board to establish that the requirement of paragraph (3) of subdivision (a) has been met. These supporting documents may include, but are not limited to, a curriculum vitae, official examination score, certificate of optometric or medical education, official school transcript, certified copy of optometric or medical diploma, official English translation, certificate of completion of postgraduate training, and certificate of clinical training. -(2) Every document provided pursuant to this subdivision shall be in English or translated into English by a certified United States translation service approved by the board. -(c) The board shall require a graduate of a foreign university to obtain an evaluation of his or her official school transcript by an education evaluation service approved by the board. The board shall determine from the evaluation whether the applicant has met the educational requirements that are reasonable and necessary to ensure that an optometrist has the knowledge to adequately protect the public health and safety. -(d) Notwithstanding paragraph (3) of subdivision (a), if a graduate of a foreign university does not meet the educational requirements that are reasonable and necessary to ensure that an optometrist has the knowledge to adequately protect the public health and safety, the board may establish alternative education requirements for the graduate of a foreign university to meet in order to ensure this knowledge. A graduate of a foreign university shall provide any supporting documents requested by the board to establish that these requirements are met. -(e) The board shall issue a letter of sponsorship, or its equivalent, required by the National Board of Examiners in Optometry, or its equivalent, to permit a graduate of a foreign university to take all examinations required for licensure. This letter of sponsorship shall expire two years from the date of issuance. -SEC. 2. -Section 3058 is added to the Business and Professions Code, to read: -3058. -(a) The board may issue a license to practice optometry to a person who meets all of the following requirements: -(1) Has obtained permission to take the examinations for an optometrist license pursuant to Section 3057.5. -(2) Has successfully passed the required examinations. -(3) Is not subject to denial of a license under Section 480. -(4) Has met the requirements described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 3041.3. -(5) Has provided the board with any other information requested by the board to the extent necessary to determine that the person has met the requirements for licensure under this chapter. -(6) Has submitted an application on a form approved by the board. -(7) Pays the fee for an application for licensure prescribed in subdivision (a) of Section 3152. -(8) Has no physical or mental impairment related to drugs or alcohol and has not been found mentally incompetent by a licensed psychologist or licensed psychiatrist so that the person is unable to undertake the practice of optometry in a manner consistent with the safety of a patient or the public. -(b) A license issued pursuant to this section shall expire as provided in Section 3146 and may be renewed as provided in this chapter, subject to the same conditions as other licenses issued under this chapter. -SEC. 2. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Optometry Practice Act, creates the State Board of Optometry, which licenses optometrists and regulates their practice. Existing law provides that the State Board of Optometry is required, by regulation, to establish educational and examination requirements for licensure to ensure the competence of optometrists to practice. Existing law requires an applicant for licensure to submit an application that is provided under oath and to pay a prescribed fee. All fees are deposited in the Optometry Fund, which is continuously appropriated to the board to administer the act. Any violation of the act is a crime. -Existing law authorizes the board to permit a graduate of a foreign university who meets specified requirements to take the examinations for an optometrist license. -This bill would revise the license examination requirements for a graduate of a foreign university to, among other things, require submission of an application and payment of a prescribed fee. -This bill would also authorize the board to issue a license to a graduate of a foreign university who meets specified requirements, including requirements that the applicant have permission to take the examinations for an optometrist license, submit an application on a form approved by the board, and pay a prescribed fee for an application for licensure. -By increasing the amount of moneys deposited into a continuously appropriated fund, this bill would make an appropriation. Because the application would be required to be provided under oath, this bill would expand the scope of an existing crime and create a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 3057.5 of -, and to add Section 3058 to, -the Business and Professions Code, relating to healing arts, and making an appropriation therefor." -143,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17952.7 is added to the Revenue and Taxation Code, to read: -17952.7. -(a) For purposes of computing “taxable income of a nonresident or part-year resident” under paragraph (1) of subdivision (i) of Section 17041, gross income of a nonresident, as defined in Section 17015, from sources within this state shall not include “de minimis income” received on or after January 1, -2016, -2017, -for any part of the taxable year during which the taxpayer was not a resident of this state. -(b) For purposes of this section, the following definitions shall apply: -(1) “De minimis income” means compensation -otherwise -subject to withholding under Chapter 2 (commencing with Section 13020) of Division 6 of the Unemployment Insurance -Code, without regard to Section 13020.5 of the Unemployment Insurance Code, -Code -that is received by a nonresident if the following apply: -(A) The nonresident has no other income from sources within this state for the taxable year in which the compensation was received. -(B) The nonresident is present in this state to perform employment duties on behalf of an employer and any other related person for not more than -20 -9 -calendar days during the taxable year in which the compensation is received. For purposes of this subparagraph, presence in this state for any part of a day constitutes presence in this state for that day unless such presence is solely for purposes of transit through the state. -(C) The nonresident’s state of residence provides a substantially similar exclusion or does not impose an individual income tax. -(2) “Related person” means a person that, with respect to the employer during all or any portion of the taxable year, is one of the following: -(A) A related entity. -(B) A member of a commonly controlled group, within the meaning of Section 25105. -(C) A person to or from whom there is attribution of stock ownership in accordance with subdivision (e) of Section 25105. -(D) A person that, notwithstanding its form of organization, bears the same relationship to the employer as a person described in subparagraphs (A), (B), or (C), inclusive. -(3) “Related entity” means any of the following: -(A) A stockholder who is an individual, or a member of the stockholder’s family set forth in Section 318 of the Internal Revenue Code, relating to constructive ownership of stock, if the stockholder and the members of the stockholder’s family own, directly, indirectly, beneficially, or constructively, in the aggregate, at least 50 percent of the value of the employer’s outstanding stock. -(B) A stockholder, or a stockholder’s partnership, limited liability company, estate, trust, or corporation, if the stockholder and the stockholder’s partnerships, limited liability companies, estates, trusts, and corporations own directly, indirectly, beneficially, or constructively, in the aggregate, at least 50 percent of the value of the employer’s outstanding stock. -(C) A corporation, or a party related to the corporation in a manner that would require an attribution of stock from the corporation to the party or from the party to the corporation under the attribution rules of the Internal Revenue Code if the employer owns, directly, indirectly, beneficially, or constructively, at least 50 percent of the value of the corporation’s outstanding stock. The attribution rules of the Internal Revenue Code shall apply for purposes of determining whether the ownership requirement of this definition has been met. -(c) This section shall not apply to compensation received by any of the following: -(1) An individual who is a professional athlete or member of a professional athletic team. -(2) An individual who is a professional entertainer who performs services in the professional performing arts. -(3) An individual of prominence who performs services for compensation on a per-event basis. -(4) An individual who is identified as a key employee, within the meaning of Section -416(i)(1)(A)(i) -416(I)(1)(A)(i) -of the Internal Revenue Code, for the taxable year immediately preceding the current taxable year. -(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. -SEC. 2. -Section 18501.5 is added to the Revenue and Taxation Code, to read: -18501.5. -(a) (1) Notwithstanding Section 18501 and except as provided in paragraph (2), a nonresident whose only income from sources in this state is compensation that is excluded pursuant to Section 17952.7 has no tax liability under Section 17041 and is not required to file a return. -(2) Upon request by the Franchise Tax Board, a nonresident may be required to file an information return. -(b) This section is applicable to the determination of an individual income taxpayer’s filing requirement and has no application to the imposition of, or jurisdiction to impose, a tax under Part 10 (commencing with Section 17001) or any other tax on any taxpayer. -(c) Nothing contained in this section is intended to have any bearing on the sourcing rules for determining the taxability by this state of deferred compensation earned by performing services in this state during any portion of the applicable vesting period, whether by stock option, restricted stock units, or any other means, based on a formula comparing the number of working days in this state to the number of working days elsewhere, and no de minimis period, as described in Section 17952.7, applies to those determinations. -(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. -SEC. 3. -Section 13020.5 is added to the -Unemployment Insurance Code -, to read: -13020.5. -(a)Notwithstanding Section 13020, no amount is required to be deducted or withheld from compensation paid to a nonresident for employment duties performed in this state if that compensation is excluded from income subject to tax pursuant to Section 17952.7 of the Revenue and Taxation Code. The number of days a nonresident employee is present in this state for purposes of Section 17952.7 of the Revenue and Taxation Code shall include all such days the nonresident employee is present and performing employment duties in the state on behalf of the employer and any other related person, as defined in subdivision (b) of Section 17952.7 of the Revenue and Taxation Code. For purposes of this subdivision, presence in this state for any part of a day constitutes presence in this state for that day unless such presence is solely for purposes of transit through the state. -(b)An employer that has erroneously applied the exception provided by this section solely as a result of miscalculating the number of days a nonresident employee is present in this state to perform employment duties shall not be subject to a penalty resulting from the erroneous application of the exception provided in this section if one of the following applies: -(1)The employer relied on a regularly maintained time and attendance system that satisfies both of the following conditions: -(A)The system requires the employee to record, on a contemporaneous basis, his or her work location each day the employee is present in a state other than the state of residence or the state where services are considered performed under the Unemployment Insurance Code. -(B)The system is used by the employer to allocate the employee’s wages between all taxing jurisdictions in which the employee performs duties. -(2)The employer does not maintain a time and attendance system described in paragraph (1) and relied on employee travel records that the employer requires the employee to maintain and record on a regular and contemporaneous basis. -(3)The employer does not maintain a time and attendance system described in paragraph (1), does not require the maintenance of employee records described in paragraph (2), and relied on travel expense reimbursement records that the employer requires the employee to submit on a regular and contemporaneous basis. -(c)This section establishes an exception to withholding and deduction requirements and has no application to the imposition of, or jurisdiction to impose, this or any other tax on any employee. -(d)This section shall remain in effect only until January 1, 2021. -SEC. 3. -Section 13006 of the Unemployment Insurance Code is amended to read: -13006. -“Gross income” means all compensation for services including fees, commissions, and similar items, except as otherwise provided by this division. “Gross income” shall specifically include those items relating to compensation specified by Article 2 (commencing with Section 17081) of, and shall specifically exclude those items relating to compensation specified by Article 3 (commencing with Section 17131) of, Chapter 3 of Part 10 of Division 2 of the Revenue and Taxation Code. -Until January 1, 2021, “gross income” shall also exclude de minimis income excluded from the gross income of a nonresident under Section 17952.7 of the Revenue and Taxation Code.","Existing law, the Personal Income Tax Law, imposes a tax on the entire taxable income of a resident taxpayer subject to that law, and provides for a specified treatment of the income of nonresidents. For purposes of computing the taxable income, the gross income of a nonresident includes only the gross income from sources within this state. Existing law requires every taxpayer subject to tax under the law to file a return with the Franchise Tax Board, stating specifically the items of the gross income from all sources and the deductions and credits allowable, as provided. -This bill would provide, for purposes of computing the taxable income of a nonresident, that the gross income of a nonresident from sources within this state does not include “de minimis income,” defined as compensation subject to specified withholding if the nonresident has no other income from sources within this state, is present in this state to perform employment duties on behalf of an employer and any other related person for not more than -20 -9 -calendar days during the taxable year in which the compensation is received, if the compensation is received on or after January 1, -2016, -2017, -for any part of the taxable year during which the taxpayer was not a resident of this state, and the nonresident’s state of residence provides a substantially similar exclusion or does not impose an individual income tax. Except as specified, the bill would provide that a nonresident whose only income from sources in this state is compensation excluded pursuant to these provisions has no personal income tax liability and is not required to file a return. The bill would repeal these provisions on January 1, 2021. -Existing law requires every employer who pays wages to a nonresident employee for services performed in this state to deduct and withhold from those wages, except as provided, -the amount of -specified income -taxes. -taxes reasonably estimated to be due from the inclusion of those wages in the employee’s gross income. -This -bill -bill, until January 1, 2021, -would -provide that no amount is required to be deducted or withheld from compensation paid to a nonresident for employment duties performed in this state if that compensation is excluded from -provide, for those tax withholding purposes, that gross income excludes de minimis income excluded from a nonresident’s -income subject to tax pursuant to the aforementioned provisions. -The bill would repeal these provisions on January 1, 2021.","An act to add and repeal Sections 17952.7 and 18501.5 of the Revenue and Taxation Code, and to -add and repeal Section 13020.5 -amend Section 13006 -of the Unemployment Insurance Code, relating to taxation." -144,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1203.45 of the Penal Code is amended to read: -1203.45. -(a) In a case in which a person was under 18 years of age at the time of commission of a misdemeanor and is eligible for, or has previously received, the relief provided by Section 1203.4 or 1203.4a, that person, in a proceeding under Section 1203.4 or 1203.4a, or a separate proceeding, may petition the court for an order sealing the record of conviction and other official records in the case, including records of arrests resulting in the criminal proceeding and records relating to other offenses charged in the accusatory pleading, whether the defendant was acquitted or charges were dismissed. If the court finds that the person was under 18 years of age at the time of the commission of the misdemeanor, and is eligible for relief under Section 1203.4 or 1203.4a or has previously received that relief, it may issue its order granting the relief prayed for. Thereafter the conviction, arrest, or other proceeding shall be deemed not to have occurred, and the petitioner may answer accordingly any question relating to their occurrence. -(b) This section applies to convictions that occurred before, as well as those that occur after, the effective date of this section. -(c) This section shall not apply to offenses for which registration is required under Section 290, to violations of Division 10 (commencing with Section 11000) of the Health and Safety Code, or to misdemeanor violations of the Vehicle Code relating to operation of a vehicle or of a local ordinance relating to operation, standing, stopping, or parking of a motor vehicle. -(d) This section does not apply to a person convicted of more than one offense, whether the second or additional convictions occurred in the same action in which the conviction as to which relief is sought occurred or in another action, except in the following cases: -(1) One of the offenses includes the other or others. -(2) The other conviction or convictions were for the following: -(A) Misdemeanor violations of Chapters 1 (commencing with Section 21000) to 9 (commencing with Section 22500), inclusive, Chapter 12 (commencing with Section 23100), or Chapter 13 (commencing with Section 23250) of Division 11 of the Vehicle Code, other than Section 23103, 23104, 23105, 23152, 23153, or 23220. -(B) Violation of a local ordinance relating to the operation, stopping, standing, or parking of a motor vehicle. -(3) The other conviction or convictions consisted of any combination of paragraphs (1) and (2). -(e) This section shall apply in a case in which a person was under 21 years of age at the time of the commission of an offense as to which this section is made applicable if that offense was committed prior to March 7, 1973. -(f) In an action or proceeding based upon defamation, a court, upon a showing of good cause, may order the records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed. -(g) A person who is 26 years of age or older and petitions for an order sealing a record under this section may be required to reimburse the court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the court, not to exceed one hundred fifty dollars ($150), and to reimburse the county for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors, not to exceed one hundred fifty dollars ($150), and to reimburse any city for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the city council, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in a case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services established pursuant to this subdivision. -SEC. 2. -Section 781 of the Welfare and Institutions Code is amended to read: -781. -(a) (1) (A) In any case in which a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, in any case in which a person is cited to appear before a probation officer or is taken before a probation officer pursuant to Section 626, or in any case in which a minor is taken before any officer of a law enforcement agency, the person or the county probation officer may, five years or more after the jurisdiction of the juvenile court has terminated as to the person, or, in a case in which no petition is filed, five years or more after the person was cited to appear before a probation officer or was taken before a probation officer pursuant to Section 626 or was taken before any officer of a law enforcement agency, or, in any case, at any time after the person has reached 18 years of age, petition the court for sealing of the records, including records of arrest, relating to the person’s case, in the custody of the juvenile court and probation officer and any other agencies, including law enforcement agencies, entities, and public officials as the petitioner alleges, in his or her petition, to have custody of the records. The court shall notify the district attorney of the county and the county probation officer, if he or she is not the petitioner, and the district attorney or probation officer or any of their deputies or any other person having relevant evidence may testify at the hearing on the petition. If, after hearing, the court finds that since the termination of jurisdiction or action pursuant to Section 626, as the case may be, he or she has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers, and exhibits in the person’s case in the custody of the juvenile court sealed, including the juvenile court record, minute book entries, and entries on dockets, and any other records relating to the case in the custody of the other agencies, entities, and officials as are named in the order. Once the court has ordered the person’s records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed. -(B) The court shall send a copy of the order to each agency, entity, and official named in the order, directing the agency or entity to seal its records. Each agency, entity, and official shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and thereupon shall seal the copy of the court’s order for sealing of records that the agency, entity, or official received. -(C) In any case in which a ward of the juvenile court is subject to the registration requirements set forth in Section 290 of the Penal Code, a court, in ordering the sealing of the juvenile records of the person, shall also provide in the order that the person is relieved from the registration requirement and for the destruction of all registration information in the custody of the Department of Justice and other agencies, entities, and officials. -(D) Notwithstanding any other law, the court shall not order the person’s records sealed in any case in which the person has been found by the juvenile court to have committed an offense listed in subdivision (b) of Section 707 when he or she had attained 14 years of age or older. -(2) An unfulfilled order of restitution that has been converted to a civil judgment pursuant to Section 730.6 shall not be a bar to sealing a record pursuant to this subdivision. -(3) Outstanding restitution fines and court-ordered fees shall not be considered when assessing whether a petitioner’s rehabilitation has been attained to the satisfaction of the court and shall not be a bar to sealing a record pursuant to this subdivision. -(4) The person who is the subject of records sealed pursuant to this section may petition the superior court to permit inspection of the records by persons named in the petition, and the superior court may order the inspection of the records. Except as provided in subdivision (b), the records shall not be open to inspection. -(b) In any action or proceeding based upon defamation, a court, upon a showing of good cause, may order any records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed. -(c) (1) Subdivision (a) does not apply to Department of Motor Vehicles records of any convictions for offenses under the Vehicle Code or any local ordinance relating to the operation, stopping and standing, or parking of a vehicle where the record of any such conviction would be a public record under Section 1808 of the Vehicle Code. However, if a court orders a case record containing any such conviction to be sealed under this section, and if the Department of Motor Vehicles maintains a public record of such a conviction, the court shall notify the Department of Motor Vehicles of the sealing and the department shall advise the court of its receipt of the notice. -(2) Notwithstanding any other law, subsequent to the notification, the Department of Motor Vehicles shall allow access to its record of convictions only to the subject of the record and to insurers which have been granted requestor code numbers by the department. Any insurer to which a record of conviction is disclosed, when the conviction record has otherwise been sealed under this section, shall be given notice of the sealing when the record is disclosed to the insurer. The insurer may use the information contained in the record for purposes of determining eligibility for insurance and insurance rates for the subject of the record, and the information shall not be used for any other purpose nor shall it be disclosed by an insurer to any person or party not having access to the record. -(3) This subdivision does not prevent the sealing of any record which is maintained by any agency or party other than the Department of Motor Vehicles. -(4) This subdivision does not affect the procedures or authority of the Department of Motor Vehicles for purging department records. -(d) Unless for good cause the court determines that the juvenile court record shall be retained, the court shall order the destruction of a person’s juvenile court records that are sealed pursuant to this section as follows: five years after the record was ordered sealed, if the person who is the subject of the record was alleged or adjudged to be a person described by Section 601; or when the person who is the subject of the record reaches 38 years of age if the person was alleged or adjudged to be a person described by Section 602, except that if the subject of the record was found to be a person described in Section 602 because of the commission of an offense listed in subdivision (b) of Section 707 when he or she was 14 years of age or older, the record shall not be destroyed. Any other agency in possession of sealed records may destroy its records five years after the record was ordered sealed. -(e) The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. This access shall not be deemed an unsealing of the record and shall not require notice to any other entity. -(f) This section shall not permit the sealing of a person’s juvenile court records for an offense where the person is convicted of that offense in a criminal court pursuant to the provisions of Section 707.1. This subdivision is declaratory of existing law. -(g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution obtained pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. -(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purposes of enforcing a civil judgment or restitution order. -(h) (1) On and after January 1, 2015, each court and probation department shall ensure that information regarding the eligibility for and the procedures to request the sealing and destruction of records pursuant to this section shall be provided to each person who is either of the following: -(A) A person for whom a petition has been filed on or after January 1, 2015, to adjudge the person a ward of the juvenile court. -(B) A person who is brought before a probation officer pursuant to Section 626. -(2) The Judicial Council shall, on or before January 1, 2015, develop informational materials for purposes of paragraph (1) and shall develop a form to petition the court for the sealing and destruction of records pursuant to this section. The informational materials and the form shall be provided to each person described in paragraph (1) when jurisdiction is terminated or when the case is dismissed. -SEC. 3. -Section 903.3 of the Welfare and Institutions Code is amended to read: -903.3. -(a) A person who is 26 years of age or older shall, unless indigent, be liable for the cost to the county and court for any investigation related to the sealing and for the sealing of any juvenile court or arrest records pursuant to Section 781 pertaining to that person. -(b) In the event a petition is filed for an order sealing a record, a person who is 26 years of age or older may be required to reimburse the county and court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors for the county and by the court for the court, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 of the Penal Code and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services. -(c) Notwithstanding subdivision (a), a person shall not be liable for the costs described in this section if a petition to declare the minor a dependent child of the court pursuant to Section 300 is dismissed at or before the jurisdictional hearing. -(d) Any determination of amount made by a court under this section shall be valid only if either (1) made under procedures adopted by the Judicial Council or (2) approved by the Judicial Council. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law authorizes a person to petition the court for an order sealing the record of conviction and other official records in a case in which that person was under 18 years of age at the time of commission of a misdemeanor and is eligible for, or has previously received, specified relief. Existing law authorizes that person to be required to reimburse the court, the county, or any city for the actual cost of services rendered, as specified. -This bill would only make persons 26 years of age or older liable to reimburse the court, the county, or any city for the cost of services. -Existing law authorizes in a case in which a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, in a case in which a person is cited to appear before a probation officer or is taken before a probation officer pursuant to a specified provision of law, or in a case in which a minor is taken before an officer of a law enforcement agency, the person or the county probation officer to petition the court for the sealing of arrest records and records relating to the person’s case in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. -This bill would prohibit an unfulfilled order of restitution that has been converted to a civil judgment from barring the sealing of a record pursuant to the above provisions. The bill would also prohibit outstanding restitution fines and court-ordered fees from being considered when assessing whether a petitioner’s rehabilitation has been attained to the satisfaction of the court and from barring the sealing of a record pursuant to the above provisions. The bill would provide that a minor is not relieved of the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. The bill would provide that sealing a record does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution, and that a victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. By increasing the number of records local agencies would be required to seal, this bill would impose a state-mandated local program. -Existing law makes a father, mother, spouse, or other person liable for the support of a minor person, the minor when he or she becomes an adult, or the estates of those persons, liable for the cost to the county and court for any investigation related to the sealing and for the sealing of any juvenile court or arrest records pursuant to the above-mentioned provisions. Existing law also authorizes those persons to be required to reimburse the court, county, or a city for the actual cost of services rendered, as specified. -This bill would only require persons 26 years of age or older who petition for an order sealing his or her record, pursuant to specified provisions, to be liable for the investigative costs and to reimburse the costs of services rendered. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 1203.45 of the Penal Code, and to amend Sections 781 and 903.3 of the Welfare and Institutions Code, relating to court records." -145,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6603 of the Welfare and Institutions Code is amended to read: -6603. -(a) A person subject to this article shall be entitled to a trial by jury, to the assistance of counsel, to the right to retain experts or professional persons to perform an examination on his or her behalf, and to have access to all relevant medical and psychological records and reports. In the case of a person who is indigent, the court shall appoint counsel to assist him or her, and, upon the person’s request, assist the person in obtaining an expert or professional person to perform an examination or participate in the trial on the person’s behalf. Any right that may exist under this section to request DNA testing on prior cases shall be made in conformity with Section 1405 of the Penal Code. -(b) The attorney petitioning for commitment under this article shall have the right to demand that the trial be before a jury. -(c) (1) If the attorney petitioning for commitment under this article determines that updated evaluations are necessary in order to properly present the case for commitment, the attorney may request the State Department of State Hospitals to perform updated evaluations. If one or more of the original evaluators is no longer available to testify for the petitioner in court proceedings, the attorney petitioning for commitment under this article may request the State Department of State Hospitals to perform replacement evaluations. When a request is made for updated or replacement evaluations, the State Department of State Hospitals shall perform the requested evaluations and forward them to the petitioning attorney and to the counsel for the person subject to this article. However, updated or replacement evaluations shall not be performed except as necessary to update one or more of the original evaluations or to replace the evaluation of an evaluator who is no longer available to testify for the petitioner in court proceedings. These updated or replacement evaluations shall include review of available medical and psychological records, including treatment records, consultation with current treating clinicians, and interviews of the person being evaluated, either voluntarily or by court order. If an updated or replacement evaluation results in a split opinion as to whether the person subject to this article meets the criteria for commitment, the State Department of State Hospitals shall conduct two additional evaluations in accordance with subdivision (f) of Section 6601. -(2) For purposes of this subdivision, “no longer available to testify for the petitioner in court proceedings” means that the evaluator is no longer authorized by the Director of State Hospitals to perform evaluations regarding sexually violent predators as a result of any of the following: -(A) The evaluator has failed to adhere to the protocol of the State Department of State Hospitals. -(B) The evaluator’s license has been suspended or revoked. -(C) The evaluator is unavailable pursuant to Section 240 of the Evidence Code. -(D) The independent professional or state employee who has served as the evaluator has resigned or retired and has not entered into a new contract to continue as an evaluator in the case, unless this evaluator, in his or her most recent evaluation of the person subject to this article, opined that the person subject to this article does not meet the criteria for commitment. -(d) This section does not prevent the defense from presenting otherwise relevant and admissible evidence. -(e) If the person subject to this article or the petitioning attorney does not demand a jury trial, the trial shall be before the court without a jury. -(f) A unanimous verdict shall be required in any jury trial. -(g) The court shall notify the State Department of State Hospitals of the outcome of the trial by forwarding to the department a copy of the minute order of the court within 72 hours of the decision. -(h) This section does not limit any legal or equitable right that a person may have to request DNA testing. -(i) Subparagraph (D) of paragraph (2) of subdivision (c) does not affect the authority of the State Department of State Hospitals to conduct two additional evaluations when an updated or replacement evaluation results in a split opinion. -(j) (1) Notwithstanding any other law, the evaluator performing an updated evaluation shall include with the evaluation a statement listing all records reviewed by the evaluator pursuant to subdivision (c). The court shall issue a subpoena, upon the request of either party, for a certified copy of these records. The records shall be provided to the attorney petitioning for commitment and the counsel for the person subject to this article. The attorneys may use the records in proceedings under this article and shall not disclose them for any other purpose. -(2) This subdivision does not affect the right of a party to object to the introduction at trial of all or a portion of a record subpoenaed under paragraph (1) on the ground that it is more prejudicial than probative pursuant to Section 352 of the Evidence Code or that it is not material to the issue of whether the person subject to this article is a sexually violent predator, as defined in subdivision (a) of Section 6600, or to any other issue to be decided by the court. If the relief is granted, in whole or in part, the record or records shall retain any confidentiality that may apply under Section 5328 of this code and Section 1014 of the Evidence Code. -(3) This subdivision does not affect any right of a party to seek to obtain other records regarding the person subject to this article. -(4) Except as provided in paragraph (1), this subdivision does not affect any right of a committed person to assert that records are confidential under Section 5328 of this code or Section 1014 of the Evidence Code. -SEC. 2. -Nothing in this act is intended to affect the determination by the Supreme Court of California, in People v. Superior Court (Smith) (Docket No. S225562), whether an expert retained by the district attorney in a proceeding under the Sexually Violent Predator Act (Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code) is entitled to review otherwise confidential treatment information under Section 5328 of the Welfare and Institutions Code.","Existing law provides for the civil commitment of criminal offenders who have been determined to be sexually violent predators for treatment in a secure state hospital facility. Under existing law, persons to be evaluated for civil commitment are evaluated by 2 practicing psychiatrists or psychologists designated by the Director of State Hospitals. If both evaluators concur that the person is likely to engage in acts of sexual violence without appropriate treatment and custody, the director is required to forward a request for a petition for commitment to the district attorney or county counsel, who may then file the petition with the court. -Under existing law, if the attorney petitioning for commitment determines that updated evaluations are necessary in order to properly present the case for commitment, the attorney may request the department to perform updated evaluations, which include the review of available medical and psychological records, including treatment records, consultation with current treating clinicians, and interviews of the person being evaluated. Existing law requires that the department forward the updated evaluations to the petitioning attorney and to the counsel for the person who is the subject of the commitment hearing. -This bill would require the evaluator performing an updated evaluation to include a statement listing the medical and psychological records reviewed by the evaluator, and would direct the court to issue a subpoena, upon the request of either party to the civil commitment proceeding, for a certified copy of these records. The bill would authorize the attorneys to use the records in the commitment proceeding, but would prohibit disclosure of the records for any other purpose.","An act to amend Section 6603 of the Welfare and Institutions Code, relating to sexually violent predators." -146,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 42356 of the Public Resources Code is amended to read: -42356. -For purposes of this chapter, the following definitions apply: -(a) “ASTM” means -ASTM International, which was formerly known -as -the American Society for Testing and Materials. -(b) (1) “ASTM standard specification” means one of the following: -(A) The ASTM Standard Specification for Compostable Plastics D6400, as published in September 2004, except as provided in subdivision (c) of Section 42356.1. -(B) The ASTM Standard Specification for Non-Floating Biodegradable Plastics in the Marine Environment D7081, as published in August 2005, except as provided in subdivision (c) of Section 42356.1. -(C) The ASTM Standard Specification for Biodegradable Plastics Used as Coatings on Paper and Other Compostable Substrates D6868, as published in August 2003, except as specified in subdivision (c) of Section 42356.1. -(2) “ASTM standard specification” does not include an ASTM Standard Guide, a Standard Practice, or a Standard Test Method. -(c) “Department” means the Department of Resources Recycling and Recovery. -(d) “Manufacturer” means a person, firm, association, partnership, or corporation that produces a plastic product. -(e) “OK home compost” means conformity with the existing Vincotte certification “OK Compost HOME certification” which, as of January 1, 2011, uses European Norm 13432 standard adapted to low-temperature composting in accordance with the Vincotte program “OK 2-Home Compostability of Products.” -(f) “Plastic product” means a product made of plastic, whether alone or in combination with other material, including, but not limited to, paperboard. A plastic product includes, but is not limited to, any of the following: -(1) (A) A consumer product. -(B) For purposes of this paragraph, “consumer product” means a product or part of a product that is used, bought, or leased for use by a person for any purpose. -(2) A package or a packaging component. -(3) A bag, sack, wrap, or other thin plastic sheet film product. -(4) A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil. -(g) “Supplier” means a person who does one or more of the following: -(1) Sells, offers for sale, or offers for promotional purposes, a plastic product that is used. -(2) Takes title to a plastic product, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes. -(h) “Vincotte certification” means a certification of a European norm (EN) standard adopted by the Belgian-accredited inspection and certification organization Vincotte. -SEC. 2. -Section 42357 of the Public Resources Code is amended to read: -42357. -(a) (1) Except as provided in paragraph (3), a person shall not sell a plastic product in this state that is labeled with the term “compostable,” “home compostable,” or “marine degradable” unless, at the time of sale, the plastic product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section -42356 -42356, -or the Vincotte OK Compost HOME certification, as provided in paragraph (4). -(2) Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1). -(3) Notwithstanding paragraph (1), a person may sell a plastic product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the plastic product meets the relevant standard adopted by the department pursuant to Section 42356.2. -(4) (A) A plastic product shall not be labeled with the term “home compostable” unless the manufacturer of that plastic product holds a Vincotte OK Compost HOME certificate of conformity with regard to that product, except as provided in subparagraph (B) or (C). -(B) Notwithstanding paragraph (1), if -the -ASTM adopts a standard specification for the term “home compostable” on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK Compost HOME certification, a plastic product labeled with the term “home compostable” shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability. -(C) If the department adopts a standard pursuant to Section 42356.2, a plastic product labeled with the term “home compostable” shall meet that standard and not the standard specified in subparagraph (A) or (B). -(b) Except as provided in subdivision -(a), -(a) or (e), -a person shall not sell a plastic product in this state that is labeled with the term “biodegradable,” “degradable,” or “decomposable,” or any form of those terms, or in any way imply that the plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment. -(c) A manufacturer or supplier, upon the request of a member of the public, shall submit to that member, within 90 days of the request, information and documentation demonstrating compliance with this chapter, in a format that is easy to understand and scientifically accurate. -(d) A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission. -(e) (1) If ASTM adopts a standard for Work Item ASTM WK29802, New Specification for Aerobically Biodegradable Plastics in Soil Environment in the Temperate Zone, the director may adopt that ASTM standard specification. -(2) A person may sell commercial agricultural mulch film labeled with the term “soil biodegradable” only if it meets an ASTM standard specification that the director has adopted pursuant to paragraph (1). -(3) For purposes of this subdivision, “commercial agricultural mulch film” means film plastic that is used as a technical tool in commercial farming applications.","Existing law prohibits the sale of a plastic product labeled as “compostable,” “home compostable,” or “marine degradable” unless it meets a certain specification, certification, or standard and prohibits the sale of a plastic product that is labeled as “biodegradable,” “degradable,” “decomposable,” or as otherwise specified. The term “plastic product” is defined for purposes of these prohibitions. -This bill would authorize the labeling of commercial agricultural mulch film, as defined, sold in the state as “soil biodegradable” if it meets a specified standard for biodegradability of plastics adopted by ASTM International and that standard is also adopted by the Director of Resources Recycling and Recovery. The bill also would make nonsubstantive changes relating to the definition of ASTM International.","An act to amend Sections 42356 and 42357 of the Public Resources Code, relating to solid waste." -147,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 23103 of the Vehicle Code is amended to read: -23103. -(a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. -(b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. -(c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than 5 days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105. -(d) (1) If a person is convicted of a violation of subdivision (a) or (b) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owner’s expense for 30 days. -(A) The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2. -(B) If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendant’s family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded. -(2) A vehicle seized and impounded pursuant to paragraph (1) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met: -(A) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle. -(B) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment. -(C) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle. -SEC. 2. -Section 23109 of the Vehicle Code is amended to read: -23109. -(a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but the vehicle does not exceed the speed limits, is not a speed contest. -(b) A person shall not aid or abet in any motor vehicle speed contest on any highway. -(c) A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway. -(d) A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway. -(e) (1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. This subdivision does not interfere with the court’s power to grant probation in a suitable case. -(2) If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. -(f) (1) If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). -(2) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). -(3) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). -(4) The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the person’s privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. -(5) This subdivision does not interfere with the court’s power to grant probation in a suitable case. -(g) If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the person’s privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f). -(h) (1) If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owner’s expense for 30 days. -(A) The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2. -(B) If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendant’s family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded. -(2) If the impounded vehicle was found to be in violation of a mechanical requirement of this code, or the vehicle is inspected pursuant to Section 2806 and found in violation of this code, an officer may issue a notice to correct pursuant to Section 40303.5, and correction of the violation as set forth in Sections 40610 and 40611 shall be made within 30 days of the date the vehicle was released from impound. Upon correction, the violation issued pursuant to 40303.5 shall be dismissed pursuant to Section 40522. -(3) A vehicle seized and impounded pursuant to paragraph (1) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met: -(A) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle. -(B) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment. -(C) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle. -(i) A person who violates subdivision (b), (c), or (d) shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment. -(j) If a person’s privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that person’s driver’s license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the person’s records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction. -(k) The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. -(l) This section shall be known and may be cited as the Louis Friend Memorial Act. -SEC. 3. -Section 23109.2 of the Vehicle Code is amended to read: -23109.2. -(a) (1) Whenever a peace officer determines that a person was engaged in any of the activities set forth in paragraph (2), the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that offense in accordance with Chapter 10 (commencing with Section 22650). A motor vehicle so seized may be impounded for not more than 30 days. -(2) (A) A motor vehicle speed contest, as described in subdivision (a) of Section 23109. -(B) Reckless driving on a highway, as described in subdivision (a) of Section 23103. -(C) Reckless driving in an offstreet parking facility, as described in subdivision (b) of Section 23103. -(D) Exhibition of speed on a highway, as described in subdivision (c) of Section 23109. -(b) The registered and legal owner of a vehicle removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852. -(c) (1) Notwithstanding Chapter 10 (commencing with Section 22650) or any other provision of law, an impounding agency shall release a motor vehicle to the registered owner or his or her agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances: -(A) If the vehicle is a stolen vehicle. -(B) If the person alleged to have been engaged in the motor vehicle speed contest, as described in subdivision (a), was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense. -(C) If the registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation pursuant to subdivision (a), or was unaware that the driver was using the vehicle to engage in any of the activities described in subdivision (a). -(D) If the legal owner or registered owner of the vehicle is a rental car agency. -(E) If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court. -(2) A vehicle shall be released pursuant to this subdivision only if the registered owner or his or her agent presents a currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or if ordered by a court. -(3) If, pursuant to subparagraph (E) of paragraph (1) a motor vehicle is released prior to the conclusion of the impoundment period, neither the person charged with a violation of subdivision (a) of Section 23109 nor the registered owner of the motor vehicle is responsible for towing and storage charges nor shall the motor vehicle be sold to satisfy those charges. -(d) A vehicle seized and removed under subdivision (a) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met: -(1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle. -(2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment. -(3) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle. -(e) (1) The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5. -(2) Notwithstanding paragraph (1), if the person convicted of engaging in the activities set forth in paragraph (2) of subdivision (a) was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense, the court shall order the convicted person to reimburse the registered owner for any towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5 incurred by the registered owner to obtain possession of the vehicle, unless the court finds that the person convicted does not have the ability to pay all or part of those charges. -(3) If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 incurred by the rental car agency in connection with obtaining possession of the vehicle. -(4) The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs. -(5) The vehicle may not be sold prior to the defendant’s conviction. -(6) The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c). Notwithstanding this provision, nothing shall prohibit impounding agencies from making prior payment arrangements to satisfy this requirement. -(f) Any period when a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (d) of Section 23103 or subdivision (h) of Section 23109. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law makes it a crime to engage in a motor vehicle speed contest on a highway. Existing law prohibits an individual from driving a vehicle upon a highway or in an offstreet parking facility in a reckless manner. Existing law authorizes a peace officer, upon determining that a person was engaged in any of these crimes, to impound the vehicle used for the offense for no more than 30 days. Existing law provides that if a person is convicted of engaging in a motor vehicle speed contest on a highway and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owner’s expense for not less than one day nor more than 30 days. -This bill would require the vehicle used in the violation of the crimes above, if it is registered to the person convicted of engaging in a motor vehicle speed contest or reckless driving, to be impounded for 30 days, subject to specified exceptions. By imposing new requirements on local agencies, the bill would create a state-mandated local program. The bill would clarify that, upon finding a violation of any mechanical requirements, an officer to issue a notice to correct, and require the correction to be made within 30 days of release of the vehicle from impoundment. The bill would also require the vehicle to be released before the 30th day if the legal owner who is not the registered owner, holds a security interest in the vehicle, presents foreclosure documents or an affidavit of repossession, and meets other specified conditions. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 23103, 23109, and 23109.2 of the Vehicle Code, relating to vehicles." -148,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares the following: -(a)According to the Employment Development Department, Labor Market Information Division, there were over 600,000 long-term unemployed in California in February of 2014, well above pre-Great Recession levels. -(b)Counting people who are out of work and have stopped searching, California had the highest “U6” unemployment rate in the country, 15.8 percent, in late 2014. -(c)The federal Supplemental Nutrition Assistance Program Employment and Training Program offers a dollar for dollar federal match of allowable expenses to fund employment training and post-employment support for CalFresh recipients for the purposes of increasing future earnings in order to reduce their dependence on CalFresh. -SEC. 2. -SECTION 1. -Section 11327.10 is added to the Welfare and Institutions Code, to read: -11327.10. -(a) -When a CalWORKs recipient has been sanctioned due to noncompliance with his or her welfare-to-work plan, pursuant to Section 11327.4, the recipient shall not be assigned a CalFresh penalty until the county has -determined -completed all of the following: -(1) Determined -that the individual does not qualify for an exemption to the CalFresh work requirement and has not registered for work, -and -the county has notified the recipient that the recipient is not eligible for an -exemption, and has instructed -exemption. -(2) -I -nstructed -the recipient about how to comply with the requirements or verify an exemption to the CalFresh work requirements. -If -(b) If -the recipient complies with the requirements during the notice of adverse action period and has registered for work with the Employment Development Department, the proposed penalty shall be canceled and shall not count as an occurrence for the purposes of determining the length of future CalFresh disqualification periods. -If a county elects to administer a CalFresh E&T program pursuant to Section 18926.5, it shall screen these recipients pursuant to paragraph (b) of Section 18926.5 before placement into the program. Receipt -(c) A CalFresh recipient also receiving CalWORKs cash aid or CalWORKs postemployment services is ineligible to participate in the CalFresh E&T program, but the receipt -of CalWORKs cash aid by another person in the recipient’s household does not impact the eligibility of a CalFresh recipient to participate in a CalFresh E&T program. -SEC. 3. -SEC. 2. -Section 18901.65 is added to the Welfare and Institutions Code, to read: -18901.65. -The department shall seek a federal waiver to allow county human services agencies to serve CalFresh E&T program recipients for up to five months, to match the length of service for transitional CalFresh benefits, established in Section -18901.6, with the post-employment services of the CalFresh E&T program, established in Section 18926.5, for a period of up to five months. -18901.6. -SEC. 4. -SEC. 3. -Section 18901.12 is added to the Welfare and Institutions Code, to read: -18901.12. -The state shall include the CalFresh E&T program in the state’s Workforce Investment and Opportunity Act state plan in order to improve coordination between established workforce training programs. -SEC. 5. -SEC. 4. -Section 18901.13 is added to the Welfare and Institutions Code, to read: -18901.13. -(a) The department shall, in order to improve employment opportunities and increase wages of CalFresh recipients by increasing access to adult and -post-secondary -postsecondary -education and vocational training programs at California Community Colleges, annually issue guidance through all-county letters for county human services agencies wishing to partner with a community college in the administration of its CalFresh E&T -program, and support any county seeking approval by the United States Department of Agriculture to include a community college component in its approved CalFresh E&T program plan. -program. -(b) The guidance provided for in this section -may be issued with other employment and training guidance not specific to community colleges and -shall include: -(1) A -list of approved sources of -description of requirements for a -state share match -for -that is specific to -community college CalFresh E&T programs. -(2) A list of education courses -that would be approved -known by the department to qualify -under Section 4007 of the Agricultural Act of 2014 (7 U.S.C. Sec. 2015(e)(3)(B)), which are either: -(A) Part of a program of career and technical education, as defined in the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. Sec. 2302) that may be completed within four years at an institution of higher education, as defined in Section 102 of the Higher Education Act of 1965 (20 U.S.C. Sec. 1002). -(B) Limited to remedial courses, basic adult education, literacy, or English as a second language. -(3) The additional outcomes that are required to be reported beyond those required by subdivision (c) of Section 18926.5, when a county’s CalFresh E&T program includes a community college component. -(4) The process for verifying that a student is eligible to participate in the CalFresh E&T program at a community college. A student is eligible to be assigned to participate in the program by the county human services agency or designee of the agency only as a volunteer, not as a mandatory participant. A CalFresh recipient also receiving CalWORKs cash aid -or CalWORKs postemployment services -is ineligible to participate in the CalFresh E&T program, but the receipt of CalWORKs cash aid by other people in his or her household shall not impact his or her eligibility for the CalFresh E&T program. -(c) Nothing in this section requires a county to offer a particular component as a part of its CalFresh E&T plan or restricts the use of federal funds for the financing of CalFresh E&T programs. -SEC. 6. -SEC. 5. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), formerly the Food Stamp Program, under which nutrition assistance benefits, formerly referred to as food stamps, are allocated to each state by the federal government. That program, as administered in California, is known as CalFresh. Under existing state law, pursuant to CalFresh, California’s federal allocation is distributed to eligible individuals by each county. Existing law establishes eligibility and benefit level requirements for receipt of CalFresh benefits. -Existing law authorizes counties to participate in the CalFresh Employment and Training (CalFresh E&T) program, established with the purpose of assisting members of CalFresh households to obtain regular employment, and requires participating counties to screen CalFresh work registrants to determine whether they will participate in, or be exempt from, the CalFresh E&T program. -The bill would require the State Department of Social Services to request a waiver from the federal government to allow county human services agencies to serve CalFresh E&T recipients for up to 5 months, to match the length of services of transitional CalFresh benefits -with the post-employment services of the CalFresh E&T program, for a period of up to 5 months -. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. -This bill would require the department, in order to improve employment opportunities and increase wages of CalFresh recipients by increasing access to adult and -post-secondary -postsecondary -education and vocational training programs at California community colleges, annually issue guidance through all county letters for county human services agencies wishing to partner with a community college in the administration of its CalFresh E&T program, as specified. -Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program for the allocation of federal funds received through the TANF program, under which each county provides cash assistance and other benefits to qualified low-income families. -Under existing law, when an individual fails or refuses to comply with specified components of the CalWORKs program without good cause, the individual is subject to prescribed financial sanctions. -This bill would provide that when a CalWORKs recipient has been sanctioned due to noncompliance with his or her welfare-to-work plan, the recipient shall not be assigned a CalFresh penalty until the county has determined that the individual does not qualify for an exemption to the CalFresh work requirement and has not registered for work, the county has notified the recipient that the recipient is not eligible for an exemption, and has instructed the recipient about how to comply with the requirements or verify an exemption to the CalFresh work requirements. The bill would also require that if the CalFresh recipient complies with the requirement during the notice of adverse action period and has registered for work with the Employment Development Department, the proposed penalty would be canceled and would not count as an occurrence for the purposes of determining the length of future CalFresh disqualification periods. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. -The bill would require the CalFresh E&T program to be included in the state’s Workforce Investment and Opportunity Act state plan in order to improve coordination between established workforce training programs. -The bill would state findings and declarations by the Legislature relative to unemployment rates and CalFresh recipients. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Sections 11327.10, -18901.11, -18901.65, -18901.12, and 18901.13 to the Welfare and Institutions Code, relating to public social services." -149,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The Legislature has previously provided funding for replacement of polluting and aged schoolbuses in small and disadvantaged communities. -(b) Schoolbus replacement programs currently exist in the Bay Area and the Los Angeles Basin. For example, the Lower-Emission School Bus Program is a partnership between the State Air Resources Board and air districts, and is administered by the Bay Area Air Quality Management District in the Bay Area. The goals of that program are to reduce the exposure of schoolchildren to harmful emissions of particulate matter, oxides of nitrogen, and nonmethane hydrocarbons, which contribute to summertime smog. -(c) Air districts currently evaluate qualified projects in disproportionately impacted communities, according to regional poverty level, particulate matter exposure, toxic exposure, and disproportionate impact mapping that works to promote schoolbus replacement in densely populated areas. -(d) It is also necessary to provide funding for schoolbus replacement in less populated areas with disadvantaged communities. -SEC. 2. -Section 39719.4 is added to the Health and Safety Code, to read: -39719.4. -(a) The Schoolbus Replacement for Small and Disadvantaged Communities Grant Program is hereby created, to be administered by the State Department of Education in conjunction with the state board. Commencing in the 2015–16 fiscal year, the sum of five million dollars ($5,000,000) annually is hereby appropriated from the fund to the department to fund the purchase of new schoolbuses to replace existing schoolbuses by applicants eligible under this section. Funds made available under the program shall be used to reduce greenhouse gas emissions in the state in accordance with Section 39712. -(b) (1) A school district or county office of education with an average daily attendance of less than 2,501, with more than 50 percent of the pupil population qualifying for free or reduced-price lunch programs, shall be eligible to apply to the department for a grant under this section. -(2) A school district or county office of education meeting the requirements of paragraph (1) and providing pupil transportation services through a cooperative, consortium, or joint powers agreement, shall be an eligible applicant under the program. -(3) The Division of State Special Schools of the State Department of Education shall also be an eligible applicant under the program. -(c) The State Department of Education shall develop priority categories for funds available under this section based solely on vehicle age and accumulated mileage. An eligible applicant shall submit, as evidence of the condition of the vehicle to be replaced, the most recent inspection report of the Department of the California Highway Patrol, a repair estimate made by an independent repair shop, and any other information requested by the department. -(d) The State Department of Education shall estimate the cost of a replacement schoolbus of the same capacity as the schoolbus being replaced. Program funds made available to an applicant for a schoolbus may not exceed that estimated cost. However, an applicant may use other funds available to the applicant to purchase a schoolbus that is more expensive than the model used by the department to make its cost estimate. -(e) A schoolbus purchased with funds made available by this section shall meet the requirements of federal Motor Vehicle Safety Standard 222. -(f) (1) A schoolbus that has been disposed of is not eligible for replacement under the program. -(2) For an eligible applicant with fewer than three schoolbuses, a schoolbus shall be considered disposed of for the purposes of replacement if it is designated as a temporary schoolbus. A temporary schoolbus is a schoolbus that has annual mileage of no more than 10 percent of the total average annual mileage of all nontemporary schoolbuses of that applicant measured over the prior five years. -(3) After a schoolbus is designated as a temporary schoolbus, it may only be used as a schoolbus if it is in compliance with all applicable provisions of the Vehicle Code and associated regulations. -(g) Schoolbus purchases with funds made available under the program shall be made by the Department of General Services, to the extent practicable. The title to a schoolbus purchased by the Department of General Services shall be in the name of the applicant for which the schoolbus was purchased. -(h) Funds shall be made available for schoolbuses used in special education in a proportion to total funding not less than the proportion of special education schoolbuses to the total number of schoolbuses in the state, as determined by the State Department of Education. The department may adopt regulations to implement this section in an equitable manner. -SECTION 1. -Section 9552 of the -Vehicle Code -is amended to read: -9552. -(a)When a vehicle is operated on a highway of this state without the fees first having been paid as required by this code, and those fees have not been paid within 30 days of its first operation, those fees are delinquent, except as provided in subdivision (b). -(b)Fees are delinquent when an application for renewal of registration, or an application for renewal of special license plates, is made after midnight of the expiration date of the registration or special plates, or 60 days after the date the registered owner is notified by the department pursuant to Section 1661, whichever is later. -(c)When a person has received as transferee a properly endorsed certificate of ownership and the transfer fee has not been paid as required by this code within 10 days, the fee is delinquent. -(d)When a person becomes an automobile dismantler, dealer, manufacturer, manufacturer branch, distributor, distributor branch, or transporter without first having paid the license and special plate fees as required by this code, the fees are delinquent.","Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, commonly known as cap and trade revenues, to be deposited in the Greenhouse Gas Reduction Fund and to be used, upon appropriation by the Legislature, for specified purposes. Existing law provides various programs to fund the acquisition of schoolbuses. -This bill would create the Schoolbus Replacement for Small and Disadvantaged Communities Grant Program, and would appropriate $5 million annually from the Greenhouse Gas Reduction Fund to the State Department of Education for the program. The program would be administered by the department in conjunction with the State Air Resources Board, and would provide schoolbus replacement grants to school districts or county offices of education with an average daily attendance of less than 2,501 and with more than 50% of the pupil population qualifying for free or reduced-rate lunch programs, and to certain other eligible applicants. The bill would impose various requirements in that regard. The bill would also make legislative findings and declarations. -Under existing law, fees required by the Vehicle Code are delinquent when a vehicle is operated on a highway without those fees first having been paid and when those fees have not been paid within 20 days of the vehicle’s first operation, subject to specified exceptions. -This bill would increase that amount of time to 30 days.","An act to amend Section 9552 of the Vehicle Code, relating to vehicles. -An act to add Section 39719.4 to the Health and Safety Code, relating to greenhouse gases, and making an appropriation therefor." -150,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3701 of the Business and Professions Code is amended to read: -3701. -(a) The Legislature finds and declares that the practice of respiratory care in California affects the public health, safety, and welfare and is to be subject to regulation and control in the public interest to protect the public from the unauthorized and unqualified practice of respiratory care and from unprofessional conduct by persons licensed to practice respiratory care. The Legislature also recognizes the practice of respiratory care to be a dynamic and changing art and science, the practice of which is continually evolving to include newer ideas and more sophisticated techniques in patient care. -(b) It is the intent of the Legislature in this chapter to provide clear legal authority for functions and procedures which have common acceptance and usage. It is the intent also to recognize the existence of overlapping functions between physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care personnel, and to permit additional sharing of functions within organized health care systems. The organized health care systems include, but are not limited to, health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, clinics, home health agencies, physicians’ offices, and public or community health services. -(c) For purposes of this section, it is the intent of the Legislature that “overlapping functions” includes, but is not limited to, providing therapy, management, rehabilitation, diagnostic evaluation, and care for nonrespiratory-related diagnoses or conditions provided (1) a health care facility has authorized the respiratory care practitioner to provide these services and (2) the respiratory care practitioner has maintained current competencies in the services provided, as needed. -SEC. 2. -Section 3702 of the Business and Professions Code is amended to read: -3702. -(a) Respiratory care as a practice means a health care profession employed under the supervision of a medical director in the therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities which affect the pulmonary system and associated aspects of cardiopulmonary and other systems functions, and includes all of the following: -(1) Direct and indirect pulmonary care services that are safe, aseptic, preventive, and restorative to the patient. -(2) Direct and indirect respiratory care services, including, but not limited to, the administration of pharmacological and diagnostic and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribed by a physician and surgeon. -(3) Observation and monitoring of signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing and (A) determination of whether such signs, symptoms, reactions, behavior, or general response exhibits abnormal characteristics; (B) implementation based on observed abnormalities of appropriate reporting or referral or respiratory care protocols, or changes in treatment regimen, pursuant to a prescription by a physician and surgeon or the initiation of emergency procedures. -(4) The diagnostic and therapeutic use of any of the following, in accordance with the prescription of a physician and surgeon: administration of medical gases, exclusive of general anesthesia; aerosols; humidification; environmental control systems and baromedical therapy; pharmacologic agents related to respiratory care procedures; mechanical or physiological ventilatory support; bronchopulmonary hygiene; cardiopulmonary resuscitation; maintenance of the natural airways; insertion without cutting tissues and maintenance of artificial airways; diagnostic and testing techniques required for implementation of respiratory care protocols; collection of specimens of blood; collection of specimens from the respiratory tract; analysis of blood gases and respiratory secretions. -(5) The transcription and implementation of the written and verbal orders of a physician and surgeon pertaining to the practice of respiratory care. -(b) As used in this section, the following apply: -(1) “Associated aspects of cardiopulmonary and other systems functions” includes patients with deficiencies and abnormalities affecting the heart and cardiovascular system. -(2) “Respiratory care protocols” means policies and protocols developed by a licensed health facility through collaboration, when appropriate, with administrators, physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care practitioners. -SEC. 3. -Section 3702.7 of the Business and Professions Code is amended to read: -3702.7. -The respiratory care practice is further defined and includes, but is not limited to, the following: -(a) Mechanical or physiological ventilatory support as used in paragraph (4) of subdivision (a) of Section 3702 includes, but is not limited to, any system, procedure, machine, catheter, equipment, or other device used in whole or in part, to provide ventilatory or oxygenating support. -(b) Administration of medical gases and pharmacological agents for the purpose of inducing conscious or deep sedation under physician and surgeon supervision and the direct orders of the physician and surgeon performing the procedure. -(c) All forms of extracorporeal life support, including, but not limited to, extracorporeal membrane oxygenation (ECMO) and extracorporeal carbon dioxide removal (ECCO2R). -(d) Educating students, health care professionals, or consumers about respiratory care, including, but not limited to, education of respiratory core courses or clinical instruction provided as part of a respiratory educational program and educating health care professionals or consumers about the operation or application of respiratory care equipment and appliances. -(e) The treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders as provided in Chapter 7.8 (commencing with Section 3575). -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Respiratory Care Practice Act, provides for the licensure and regulation of the practice of respiratory therapy by the Respiratory Care Board of California. A violation of the act is a crime. -Existing law declares it is the intent of the Legislature to recognize the existence of overlapping functions between physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care personnel, and to permit additional sharing of functions within organized health care systems, as specified. Existing law also states that nothing in the act shall be construed to authorize a respiratory care practitioner to practice medicine, surgery, or any other form of healing, except as authorized by the act. -This bill, for intent purposes, would define “overlapping functions” to include providing therapy, management, rehabilitation, diagnostic evaluation, and care for nonrespiratory-related diagnoses or conditions provided certain requirements are met. -Under existing law, respiratory care as a practice means a health care profession employed under the supervision of a medical director in the therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities which affect the pulmonary system and associated aspects of cardiopulmonary and other systems functions, and includes, among other things, direct and indirect pulmonary care services that are safe, aseptic, preventive, and restorative to the patient. Existing law provides for the registration and regulation of certified polysomnographic technologists by the Medical Board of California. Under existing law governing polysomnographic technologists, the practice of polysomnography is defined to include the treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders. Existing law governing polysomnographic technologists exempts from those provisions, among others, respiratory care practitioners working within the scope of practice of their license. -This bill would provide that associated aspects of cardiopulmonary and other systems functions includes patients with deficiencies and abnormalities affecting the heart and cardiovascular system. The bill would further define the respiratory care practice to include, among other things, the administration of medical gases and pharmacological agents for the purpose of inducing conscious or deep sedation under specified supervision and direct orders, all forms of specified life support, and the treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders. By changing the definition of a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 3701, 3702, and 3702.7 of the Business and Professions Code, relating to healing arts." -151,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19006 of the Revenue and Taxation Code is amended to read: -19006. -(a) The spouse who controls the disposition of or who receives or spends community income as well as the spouse who is taxable on the income is liable for the payment of the taxes imposed by Part 10 (commencing with Section 17001) on that income. -(b) (1) Whenever a joint return is filed by a husband and wife, the liability for the tax on the aggregate income is joint and several. -(2) The amount of liability on a joint return may not be reduced, but a court in a proceeding for dissolution of the marriage may determine the individual responsible for all or part of the liability, provided the order revising tax liability on the joint return: -(A) Must separately state the income tax liabilities for the taxable years for which revision of tax liability is granted. -(B) Shall not revise a tax liability that has been fully paid prior to the effective date of the order; however, any unpaid amount may be revised. -(C) Shall become effective when the Franchise Tax Board is served with or acknowledges receipt of the order. -(D) (i) Shall not be effective if the gross income reportable on the return exceeds two hundred thousand dollars ($200,000) or the amount of tax liability the spouse is relieved of exceeds ten thousand dollars ($10,000), unless a tax revision clearance certificate is obtained from the Franchise Tax Board and filed with the court. -(ii) Beginning on January 1, 2018, and annually thereafter, the amounts specified in clause (i) shall be recomputed in accordance with subparagraph (B) of paragraph (3) of subdivision (b) of Section 19442, modified by substituting “January 1, 2018” for “January 1, 2004.” -(E) Shall not be effective to relieve a spouse of the tax liability on income earned by or subject to the exclusive management and control of that spouse if either of the following applies: -(i) Assets or liabilities are transferred between the individuals filing the joint return for the principal purpose of avoidance of the payment of tax or as part of a fraudulent scheme by those individuals. -(ii) That liability is uncollectible and, within three years of the date the court order is effective pursuant to subparagraph (C), either of the following also applies: -(I) The spouse obligated to pay that liability pursuant to the court order files for bankruptcy and that liability is discharged in bankruptcy. -(II) The spouse obligated to pay that liability pursuant to the court order becomes a nonresident. -(c) Notwithstanding subdivision (a) or paragraph (1) of subdivision (b), whenever a joint return is filed by a husband and wife and the tax liability is not fully paid, that liability, including interest and penalties, may be revised by the Franchise Tax Board as to one spouse. -(1) However, the liability shall not be revised: -(A) To relieve a spouse of tax liability on income earned by or subject to the exclusive management and control of the spouse. The liability of the spouse for the tax, penalties, and interest due for the taxable year shall be in the same ratio to total tax, penalties, and interest due for the taxable year as the income earned by or subject to the management and control of the spouse is to total gross income reportable on the return. -(B) To relieve a spouse of liability below the amount actually paid on the liability prior to the granting of relief, including credit from any other taxable year available for application to the liability. -(2) The liability may be revised only if the spouse whose liability is to be revised establishes that he or she did not know of, and had no reason to know of, the nonpayment at the time the return was filed. For purposes of this paragraph, “reason to know” means whether or not a reasonably prudent person would have had reason to know of the nonpayment. -(3) The determination of the Franchise Tax Board as to whether the liability is to be revised as to one spouse shall be made not less than 30 days after notification of the other spouse and shall be based upon whether, under all of the facts and circumstances surrounding the nonpayment, it would be inequitable to hold the spouse requesting revision liable for the nonpayment. Any action taken under this section shall be treated as though it were action on a protest taken under Section 19044 and shall become final upon the expiration of 30 days from the date that notice of the action is mailed to both spouses, unless, within that 30-day period, one or both spouses appeal the determination to the board as provided in Section 19045. -(4) This subdivision shall apply to all taxable years subject to the provisions of this part, but shall not apply to any taxable year which has been closed by a statute of limitations, res judicata, or otherwise. -(d) For purposes of this section, the determination of the spouse to whom items of gross income are attributable shall be made without regard to community property laws. -(e) The amendments made to this section by the act adding this subdivision shall apply to court orders served or acknowledged on or after the effective date of that act.","Existing law generally provides that the spouse or partner who controls the disposition of or who receives or spends community income, as well as the spouse who is taxable on the income, is liable for the payment of the taxes imposed by the Personal Income Tax Law on that income, and that whenever a joint income tax return is filed by spouses or registered domestic partners the liability for the tax is joint and several. Existing law allows, under specified conditions, a court in a proceeding for dissolution of marriage to revise the income tax liabilities on a joint return of spouses or registered domestic partners, but prohibits revisions to relieve a spouse or domestic partner of tax liability on income earned by or subject to the exclusive management and control of the spouse or domestic partner. Existing law also provides that the order revising tax liability is not effective if the gross income reportable on the return exceeds $150,000 or the amount of the tax liability the spouse is relieved of exceeds $7,500, except as specified. -This bill would instead provide that an order revising tax liability may relieve a spouse or domestic partner of tax liability on income earned by or subject to the exclusive management and control of that spouse or domestic partner, except if assets or liabilities are transferred between the individuals filing the joint return for the principal purpose of avoidance of the payment of tax or as part of a fraudulent scheme by those individuals or that liability is uncollectible or if, within 3 years of when the court order is effective, specified conditions apply. This bill would also instead provide that the order revising tax liability is not effective if the gross income reportable on the return exceeds $200,000 or the amount of the tax liability the spouse is relieved of exceeds $10,000, except as specified, and would require those amounts to be recomputed annually beginning on January 1, 2018, as specified. The bill would apply to court orders served or acknowledged on or after the effective date of this bill.","An act to amend Section 19006 of the Revenue and Taxation Code, relating to taxation." -152,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The Safe Neighborhoods and Schools Act, approved as Proposition 47 by the voters at the November 4, 2014, statewide general election (the act), made significant changes to the state’s criminal justice system by reducing the penalties for certain nonviolent, nonserious drug and property crimes. The act requires the state savings realized from these criminal justice changes to be deposited in the Safe Neighborhoods and Schools Fund and spent on prevention and support services with the intent of reducing crime, including truancy and dropout prevention. -(b) The act requires 25 percent of the moneys deposited in the Safe Neighborhoods and Schools Fund to be allocated to the State Department of Education for administration of a grant program to reduce truancy and support pupils who are at risk of dropping out of school or who are victims of crime. -(c) In accordance with the act, the funding provided to K–12 education should be used to help build the capacity of local educational agencies to identify and implement evidence-based, nonpunitive programs and practices to keep our most vulnerable pupils in school, consistent with each local educational agency’s local control and accountability plan, including, but not limited to, its goals for pupil engagement and school climate. -(d) California needs to increase the knowledge base concerning which strategies are most effective for improving pupil success and eliminating the school-to-prison pipeline, including, but not necessarily limited to, providing resources to local educational agencies to establish community schools and address pupil attendance problems in kindergarten and grades 1 to 3, inclusive. One manner in which this can be accomplished is for the local educational agencies participating in the K–12 education grant program pursuant to the act to report and evaluate outcomes using multiple measures, while engaging in a broader community of practice that disseminates promising and proven strategies to local educational agencies statewide. -SEC. 2. -Article 10 (commencing with Section 33430) is added to Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code, to read: -Article 10. The Learning Communities for School Success Program -33430. -The Learning Communities for School Success Program is hereby established for the purpose of implementing, pursuant to paragraph (1) of subdivision (a) of Section 7599.2 of the Government Code, the K–12 education portion of the Safe Neighborhoods and Schools Act, as approved as Proposition 47 by the voters at the November 4, 2014, statewide general election. Through this program, the department shall administer grants and coordinate assistance to local educational agencies to support the local educational agencies in identifying and implementing evidence-based, nonpunitive programs and practices that are aligned with the goals for pupils contained in each of the local educational agency’s local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. -33431. -(a) A local educational agency that chooses to apply for funding pursuant to this article shall submit an application to the department to receive a grant, in a format and by a date determined by the department. An application submitted to the department by a local educational agency shall include, at a minimum, all of the following: -(1) Information about the pupil and school needs within the local educational agency. -(2) The activities the local educational agency will undertake with the grant funding. -(3) How the activities specified in paragraph (2) support the local educational agency’s goals for pupils contained in its local control and accountability plan. -(4) How the local educational agency will measure outcomes associated with the activities specified in subdivision (e) and metrics reported in the local educational agency’s local control and accountability plan. -(b) An application shall be for three years of grant funding. Consistent with the provisions of this article, the department may establish requirements for grantees to meet at the end of the first and second years of funding in order to receive funding for the remaining grant period. -(c) The department shall determine eligibility for grants and the distribution of grant funding based on all of the following factors: -(1) Pupil and school needs the local educational agency will address with the grant funds. -(2) Number of pupils to be served with the grant funds. -(3) Number, size, and type of participating schools within the local educational agency. -(4) Any challenges the local educational agency experiences in building capacity for fulfilling the purposes of this article. -(5) The unique characteristics of small school districts, given their challenges with economies of scale and access to services in rural locations. -(d) (1) Before the initial application deadline, the department shall conduct targeted outreach to local educational agencies that are likely to be given priority pursuant to subdivision (b) of Section 33432 and shall offer the local educational agencies technical assistance as they develop their grant applications. -(2) The department may provide technical assistance with application development to any local educational agency that requests assistance. This may include assistance from external entities the department may contract with as part of the training and technical assistance structure established pursuant to Section 33433. -(e) The department shall issue application guidelines that include, at a minimum, information about the department’s plans for overall evaluation of the program considering the objectives identified in Section 33434. For purposes of facilitating program evaluation, the department, in consultation with the executive director of the state board, shall identify a set of measures and associated data sources that are deemed valid and reliable for measuring pupil and school outcomes and assessing the benefits of the program. -(f) In meeting the requirements of this section, the department shall consult with stakeholders, including, but not limited to, representatives of local educational agencies, teachers and other school personnel, parents, advocacy organizations with experience working with target vulnerable populations, and parent- and youth-serving community-based organizations. It the intent of the Legislature that stakeholders provide input to the department on the design of the application and review process, including the size of the grant awards. The stakeholders shall not be involved in determining who will be awarded grants. -33432. -(a) A local educational agency that receives a grant shall use the grant funds for planning, implementation, and evaluation of activities in support of evidence-based, nonpunitive programs and practices to keep the state’s most vulnerable pupils in school. These activities shall complement or enhance the actions and services identified to meet the local educational agency’s goals as identified in its local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. These activities may include, but are not limited to, all of the following: -(1) Establishing a community school, as defined in Section 33435. -(2) Implementing activities or programs to improve attendance and reduce chronic absenteeism, including, but not limited to, early warning systems or early intervention programs. -(3) Implementing restorative practices, restorative justice models, or other programs to improve retention rates, reduce suspensions and other school removals, and reduce the referral of pupils to law enforcement agencies. -(4) Implementing activities that advance social-emotional learning, positive behavior interventions and supports, culturally responsive practices, and trauma-informed strategies. -(5) Establishing partnerships with community-based organizations or other relevant entities to support the implementation of evidence-based, nonpunitive approaches to further the goals of the program. -(6) Adding or increasing staff within a local educational agency whose primary purpose is to address ongoing chronic attendance problems, including, but not necessarily limited to, conducting outreach to families and children currently, or at risk of becoming, chronically truant. -(b) In selecting grant recipients pursuant to this article, the department shall give priority to a local educational agency that meets any of the following criteria: -(1) (A) Has a high rate of chronic absenteeism, out-of-school suspension, or school dropout for the general pupil population or for a numerically significant pupil subgroup, as identified in a local control and accountability plan pursuant to paragraphs (2) and (3) of subdivision (a) of Section 52052. -(B) For purposes of this paragraph, “high rate” means a rate that exceeds the state average. -(2) Is located in a community with a high crime rate. -(3) Has a significant representation of foster youth among its pupil enrollment. -(c) A local educational agency that receives a grant shall provide a local contribution of matching expenditures equal to at least 20 percent of the total grant award. This local contribution can be from cash expenditures or in-kind contributions. A local educational agency is encouraged to exceed the 20-percent match requirement to enable the local educational agency to sustain the activities or programs established under this article beyond the three-year grant period. -(d) A local educational agency that receives a grant shall use the grant funds to increase or improve services that the local educational agency currently provides for purposes specified in this article. -(e) A local educational agency shall not use grant funds to pay for law enforcement activities, including personnel or equipment. -33433. -(a) The department shall use the funding the Safe Neighborhoods and Schools Act authorizes for administrative costs pursuant to subdivision (b) of Section 7599.2 of the Government Code, which is no more than 5 percent of the annual funding the department receives from the Safe Neighborhoods and Schools Fund, for the administrative costs of implementing this article, including, but not limited to, administering grant awards, coordinating the training and technical assistance structure described in subdivision (b), and completing the evaluation pursuant to Section 33434. -(b) The department shall establish a structure to deliver training and technical assistance to grantees using regional workshops and technical assistance providers that have expertise on pupil engagement, school climate, truancy reduction, and supporting pupils who are at risk of dropping out of school or who are victims of crime. The department may contract with those providers to assist the grantees as well as to serve as a resource for other local educational agencies that may use their own funding sources to engage in this community of practice. Technical assistance provided pursuant to this subdivision shall be consistent with the technical assistance provided to a local educational agency by the county superintendent of schools or the Superintendent, as appropriate, in the development of the local control and accountability plan. -33434. -(a) A local educational agency that receives grant funding pursuant to this article shall evaluate and report to the governing board of the school district, the county board of education, or its chartering authority, as applicable, and the department the results of the activities it undertakes pursuant to this article. The department shall compile information from grantee reports as part of an overall evaluation of the grant program implementation. The department shall assess the benefits of participation in the program and identify the pupil and school outcomes associated with the strategies and programs implemented by grantees. The department shall submit an interim report of preliminary evaluation findings to the Legislature on or before January 31, 2019, and a final evaluation report to the Legislature on or before January 31, 2020. -(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. -(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 31, 2024. -33435. -For purposes of this article, the following definitions apply: -(a) “Community school” means a public school that participates in a community-based effort to coordinate and integrate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships with one or more community partners for the delivery of community services that may be provided at a schoolsite to pupils, families, and community members. -(b) “Local educational agency” means a school district, county office of education, or charter school. -33436. -This article shall not become operative unless funds are appropriated in the annual Budget Act or another statute to the Safe Neighborhoods and Schools Fund in accordance with the Safe Neighborhoods and Schools Act for the purposes specified in this article. -SEC. 3. -Sections 1 and 2 of this act shall become operative only if Assembly Bill 1014 of the 2015–16 Regular Session is chaptered and becomes operative on or before January 1, 2017.","Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, among other things, established the Safe Neighborhoods and Schools Fund, a continuously appropriated fund, which is funded by savings that accrue to the state from the implementation of the act. The act provides that, among other purposes, 25% of the funds shall be disbursed to the State Department of Education to administer a grant program to public agencies aimed at improving outcomes for public school pupils by reducing truancy and supporting pupils who are at risk of dropping out of school or are victims of crime. -This bill would establish the Learning Communities for School Success Program for the purpose of implementing that grant program, subject to an appropriation to the Safe Neighborhoods and Schools Fund in the annual Budget Act or another statute for the purposes of the bill. The bill would specify the administrative duties and responsibilities of the department with respect to the program, including administering grants and coordinating assistance to local educational agencies, as defined. The bill would set forth criteria to guide the department in awarding grants under the program, and would specify the purposes for which grant funds may be used. The bill would require the department to submit a final evaluation of the program to the Legislature on or before January 31, 2020. -These provisions would become operative only if AB 1014 of the 2015–16 Regular Session is chaptered and becomes operative on or before January 1, 2017.","An act to add Article 10 (commencing with Section 33430) to Chapter 3 of Part 20 of Division 2 of Title 2 of, and to repeal Section 33434 of, the Education Code, relating to education finance." -153,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 467.5 of the Vehicle Code is amended to read: -467.5. -“Pedicab” means any of the following: -(a) A bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire. -(b) A bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire. -(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11. -SEC. 2. -Article 4.5 (commencing with Section 21215) is added to Chapter 1 of Division 11 of the Vehicle Code, to read: -Article 4.5. Operation of Pedicabs -21215. -(a) A pedicab defined in subdivision (c) of Section 467.5 shall operate subject to all of the following requirements: -(1) The pedicab shall have a seating capacity for not more than 15 passengers. -(2) The pedicab shall be authorized by local ordinance or resolution to operate within the applicable local jurisdiction. -(3) The operator of the pedicab shall be at least 21 years of age, with a valid California driver’s license. -(4) The pedicab shall be equipped with seatbelts for all passengers, seat backs, brakes, reflectors, headlights, and grab rails. The pedicab shall be inspected annually for compliance with the requirements of this paragraph by an entity designated by the local jurisdiction that authorized the pedicab to operate. The entity may charge a reasonable fee to cover the costs of the inspection. A pedicab that does not meet these requirements shall meet these requirements by January 1, 2017, in order to continue operation. -(5) The operator of the pedicab shall at all times be able to establish financial responsibility in a minimum amount of one million dollars ($1,000,000) general liability insurance coverage and an additional five hundred thousand dollars ($500,000) general umbrella insurance that covers the pedicab. The local jurisdiction that authorized the pedicab to operate may require additional proof of financial responsibility. -(6) A pedicab shall not operate on any highway under the jurisdiction of the local authority unless authorized by resolution or ordinance. A pedicab shall not operate on any freeway and shall not operate on any highway with a posted speed limit in excess of 30 miles per hour, except to cross the highway at an intersection. -(7) The operator of the pedicab shall annually report to the Department of the California Highway Patrol, commencing on January 1, 2016, any accidents caused or experienced by the pedicabs. -(8) The pedicab shall not load or unload passengers on roadways or in the middle of highways. -(9) Pedicabs shall be operated as close as practicable to the right-hand curb or edge of the roadway, except when necessary to overtake another vehicle, to avoid a stationary object, or when preparing to make a left turn. -(b) This article only applies to pedicabs defined by subdivision (c) of Section 467.5, and does not apply to pedicabs defined in subdivision (a) or (b) of Section 467.5. -21215.2. -(a) If alcoholic beverages are consumed on board the pedicab, a pedicab defined in subdivision (c) of Section 467.5 shall additionally operate subject to all of the following requirements: -(1) The consumption of alcoholic beverages onboard the pedicab shall be authorized by local ordinance or resolution. -(2) An onboard safety monitor who is 21 years of age or older shall be present whenever alcohol is being consumed by passengers during the operation of the pedicab. The onboard safety monitor shall not be under the influence of any alcoholic beverage and shall be considered as driving the pedicab for purposes of Article 2 (commencing with Section 23152) of Chapter 12 of Division 11 during the operation of the pedicab. -(3) Both the operator and safety monitor shall have completed either the Licensee Education on Alcohol and Drugs (LEAD) program implemented by the Department of Alcoholic Beverage Control or a training course utilizing the curriculum components recommended by the Responsible Beverage Service Advisory Board established by the Director of Alcoholic Beverage Control. -(4) Alcoholic beverages shall not be provided by the operator or onboard safety monitor or any employee or agent of the operator or onboard safety monitor of the pedicab. Alcoholic beverages may only be supplied by the passengers of the pedicab. All alcoholic beverages supplied by passengers of the pedicab shall be in enclosed, sealed, and unopened containers that have been labeled pursuant to Chapter 13 (commencing with Section 25170) of Division 9 of the Business and Professions Code prior to their consumption on board the pedicab. -(5) Alcoholic beverages may be consumed by a passenger of the pedicab only while he or she is physically on board and within the pedicab. -(6) All passengers shall be 21 years of age or older if alcohol is consumed during the operation of the pedicab. -(7) For purposes of this subdivision, passengers who are pedaling the device are not operators. -(b) A license or permit from the Department of Alcoholic Beverage Control shall not be required of the operator or onboard safety monitor, so long as neither they, nor their employees or agents sell, serve, or furnish any alcoholic beverage to any passenger. -(c) For purposes of this section, “alcoholic beverage” has the same meaning as defined in Section 23004 of the Business and Professions Code. -(d) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -21215.5. -This article does not preclude a local authority from imposing more stringent operating or equipment requirements on a pedicab subject to this article. -SEC. 3. -Section 23229 of the Vehicle Code is amended to read: -23229. -(a) Except as provided in Section 23229.1, Sections 23221 and 23223 do not apply to passengers in any bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, the living quarters of a housecar or camper, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1. -(b) Except as provided in Section 23229.1, Section 23225 does not apply to the driver or owner of a bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally regulates the operation of bicycles, including, among other things, providing that a person operating a bicycle on the highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle, including a prohibition against operating a bicycle while under the influence of an alcoholic beverage or any drug. These provisions also apply to a pedicab, as defined. A violation of the provisions regulating the operation of a bicycle or pedicab is an offense. -This bill would expand the definition of a pedicab to include a 4-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for 8 or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire, as prescribed. The bill would impose specified requirements on these pedicabs defined by the bill, relating to, among other things, a maximum seating capacity for 15 passengers, local authorization to operate, operator qualifications and training, safety equipment, inspections, financial responsibility, reporting of accidents to the Department of the California Highway Patrol, the loading and unloading of passengers, and general operation of pedicabs. The bill would, until January 1, 2020, establish requirements for pedicabs that allow passenger alcohol consumption. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 467.5 and 23229 of, and to add Article 4.5 (commencing with Section 21215) to Chapter 1 of Division 11 of, and to repeal Section 21215.2 of, the Vehicle Code, relating to vehicles." -154,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 35012 of the Education Code is amended to read: -35012. -(a) Except as otherwise provided, the governing board of a school district shall consist of five members elected at large by the qualified voters of the district. The terms of the members shall, except as otherwise provided, be for four years and staggered so that as nearly as practicable one-half of the members shall be elected in each odd-numbered year. -(b) A unified school district may have a governing board of seven members in the event the proposal for unification has specified a governing board of seven members. The members of the governing board shall be elected at large or by trustee areas as designated in the proposal for unification and shall serve four-year terms of office. -(c) Notwithstanding subdivision (a), and except as provided in this subdivision and Section 5018, the governing board of an elementary school district other than a union or joint union elementary school district shall consist of three members selected at large from the territory comprising the district. Whenever, in any such elementary school district the average daily attendance during the preceding fiscal year is 300 or more, the procedures prescribed by Section 5018 shall be undertaken. -(d) (1) (A) There may be submitted to the governing board of a school district maintaining one or more high schools a pupil petition requesting the governing board to appoint one or more nonvoting pupil members to the board pursuant to this section. -(B) There may also be submitted to the governing board of a school district maintaining one or more high schools a pupil petition requesting the governing board to allow preferential voting for the pupil member or members of the board. This request may be made in the original petition for pupil representation on the board or in a separate petition after a pupil member or members have been appointed to the board. -(2) Whether for pupil representation or for preferential voting for the pupil member or members, the petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools of the district, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools of the district, whichever is less. Each fiscal year, and within 60 days of receipt of a petition for pupil representation, or at its next regularly scheduled meeting if no meeting is held within those 60 days, the governing board of a school district shall order the inclusion within the membership of the governing board, in addition to the number of members otherwise prescribed, at least one nonvoting pupil member. The governing board may order the inclusion of more than one nonvoting pupil member. -(3) Upon receipt of a petition for pupil representation, the governing board of a school district shall, commencing July 1, 1976, and each year thereafter, order the inclusion within the membership of the governing board, in addition to the number of members otherwise prescribed, at least one nonvoting pupil member. The governing board may order the inclusion of more than one nonvoting pupil member. -(4) (A) Upon receipt of a petition for preferential voting for the pupil member or members, the governing board of the school district shall allow preferential voting for the pupil member or members of the governing board. -(B) Preferential voting, as used in this section, means a formal expression of opinion that is recorded in the minutes and cast before the official vote of the governing board of the school district. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion. -(5) The governing board of the school district may adopt a resolution authorizing the nonvoting or preferential voting pupil member or members to make motions that may be acted upon by the governing board, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. -(6) Each pupil member shall have the right to attend each and all meetings of the governing board of the school district, except executive sessions. -(7) Any pupil selected to serve as a nonvoting or preferential voting member of the governing board of a school district shall be enrolled in a high school of the district, may be less than 18 years of age, and shall be chosen by the pupils enrolled in the high school or high schools of the district in accordance with procedures prescribed by the governing board. The term of a pupil member shall be one year commencing on July 1 of each year. -(8) A nonvoting or preferential voting pupil member shall be entitled to the mileage allowance to the same extent as regular members, but is not entitled to the compensation prescribed by Section 35120. -(9) A nonvoting or preferential voting pupil member shall be seated with the members of the governing board of the school district and shall be recognized as a full member of the board at the meetings, including receiving all materials presented to the board members and participating in the questioning of witnesses and the discussion of issues. -(10) The nonvoting or preferential voting pupil member shall not be included in determining the vote required to carry any measure before the governing board of the school district. -(11) The nonvoting or preferential voting pupil member shall not be liable for any acts of the governing board of the school district. -(12) A majority vote of all voting board members shall be required to approve a motion to eliminate the nonvoting or preferential voting pupil member position from the governing board of a school district. The motion shall be listed as a public agenda item for a meeting of the governing board prior to the motion being voted upon. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires the governing board of a school district maintaining one or more high schools to appoint to its membership one or more nonvoting pupil members if pupils petition the governing board to make those appointments. -This bill would require the governing board of a school district to appoint the pupil member or members within 60 days of receiving the petition, or at its next regularly scheduled meeting if no meeting is held within those 60 days, as specified. -The bill would require a majority vote of all voting board members on a motion to eliminate the nonvoting or preferential voting pupil member position from the governing board of a school district, and would require the motion to be listed as a public agenda item for a meeting of the governing board of the school district prior to the motion being voted upon. -Because the bill would require school districts to provide a higher level of service, it would impose a state-mandated local program. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 35012 of the Education Code, relating to school districts." -155,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14105.94 of the Welfare and Institutions Code is amended to read: -14105.94. -(a) An eligible provider, as described in subdivision (b), may, in addition to the rate of payment that the provider would otherwise receive for Medi-Cal ground emergency medical transportation services, receive supplemental Medi-Cal reimbursement to the extent provided in this section. -(b) A provider shall be eligible for supplemental reimbursement only if the provider has all of the following characteristics continuously during a state fiscal year: -(1) Provides ground emergency medical transportation services to Medi-Cal beneficiaries. -(2) Is a provider that is enrolled as a Medi-Cal provider for the period being claimed. -(3) Is owned or operated by the state, a city, county, city and county, fire protection district organized pursuant to Part 2.7 (commencing with Section 13800) of Division 12 of the Health and Safety Code, special district organized pursuant to Chapter 1 (commencing with Section 58000) of Division 1 of Title 6 of the Government Code, community services district organized pursuant to Part 1 (commencing with Section 61000) of Division 3 of Title 6 of the Government Code, health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23 of the Health and Safety Code, or a federally recognized Indian tribe. -(c) An eligible provider’s supplemental reimbursement pursuant to this section shall be calculated and paid as follows: -(1) The supplemental reimbursement to an eligible provider, as described in subdivision (b), shall be equal to the amount of federal financial participation received as a result of the claims submitted pursuant to paragraph (2) of subdivision (f). -(2) In no instance shall the amount certified pursuant to paragraph (1) of subdivision (e), when combined with the amount received from all other sources of reimbursement from the Medi-Cal program, exceed 100 percent of actual costs, as determined pursuant to the Medi-Cal State Plan, for ground emergency medical transportation services. -(3) The supplemental Medi-Cal reimbursement provided by this section shall be distributed exclusively to eligible providers under a payment methodology based on ground emergency medical transportation services provided to Medi-Cal beneficiaries by eligible providers on a per-transport basis or other federally permissible basis. The department may, to the extent permitted under federal law and regulations, provide supplemental reimbursement for the cost of paramedic services at a rate of payment equal to cost. The department shall obtain approval from the federal Centers for Medicare and Medicaid Services for the payment methodology to be utilized, and shall not make any payment pursuant to this section prior to obtaining that approval. -(d) (1) It is the Legislature’s intent in enacting this section to provide the supplemental reimbursement described in this section without any expenditure from the General Fund. An eligible provider, as a condition of receiving supplemental reimbursement pursuant to this section, shall enter into, and maintain, an agreement with the department for the purposes of implementing this section and reimbursing the department for the costs of administering this section. -(2) The nonfederal share of the supplemental reimbursement submitted to the federal Centers for Medicare and Medicaid Services for purposes of claiming federal financial participation shall be paid only with funds from the governmental entities described in paragraph (3) of subdivision (b) and certified to the state as provided in subdivision (e). -(e) Participation in the program by an eligible provider described in this section is voluntary. If an applicable governmental entity elects to seek supplemental reimbursement pursuant to this section on behalf of an eligible provider owned or operated by the entity, as described in paragraph (3) of subdivision (b), the governmental entity shall do all of the following: -(1) Certify, in conformity with the requirements of Section 433.51 of Title 42 of the Code of Federal Regulations, that the claimed expenditures for the ground emergency medical transportation services are eligible for federal financial participation. -(2) Provide evidence supporting the certification as specified by the department. -(3) Submit data as specified by the department to determine the appropriate amounts to claim as expenditures qualifying for federal financial participation. -(4) Keep, maintain, and have readily retrievable, any records specified by the department to fully disclose reimbursement amounts to which the eligible provider is entitled, and any other records required by the federal Centers for Medicare and Medicaid Services. -(f) (1) The department shall promptly seek any necessary federal approvals for the implementation of this section. The department may limit the program to those costs that are allowable expenditures under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.). If federal approval is not obtained for implementation of this section, this section shall not be implemented. -(2) The department shall submit claims for federal financial participation for the expenditures for the services described in subdivision (e) that are allowable expenditures under federal law. -(3) The department shall, on an annual basis, submit any necessary materials to the federal government to provide assurances that claims for federal financial participation will include only those expenditures that are allowable under federal law. -(g) (1) If either a final judicial determination is made by any court of appellate jurisdiction or a final determination is made by the administrator of the federal Centers for Medicare and Medicaid Services that the supplemental reimbursement provided for in this section must be made to any provider not described in this section, the director shall execute a declaration stating that the determination has been made and on that date this section shall become inoperative. -(2) The declaration executed pursuant to this subdivision shall be retained by the director, provided to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Counsel, and posted on the department’s Internet Web site. -(h) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement and administer this section by means of provider bulletins, or similar instructions, without taking regulatory action. -SEC. 2. -Section 14105.941 is added to the Welfare and Institutions Code, immediately following Section 14105.94, to read: -14105.941. -(a) The department shall design and implement, in consultation with eligible providers as described in subdivision (b), an intergovernmental transfer program relating to Medi-Cal managed care, ground emergency medical -transport -transportation -services in order to increase capitation payments for the purpose of increasing reimbursement to eligible providers. -(b) A provider shall be eligible for increased reimbursement pursuant to this section only if the provider meets both of the following conditions in an applicable state fiscal year: -(1) Provides ground emergency medical -transport -transportation -services to Medi-Cal managed care enrollees pursuant to a contract or other arrangement with a Medi-Cal managed care plan. -(2) Is owned or operated by the state, a city, county, city and county, fire protection district organized pursuant to Part 2.7 (commencing with Section 13800) of Division 12 of the Health and Safety Code, special district organized pursuant to Chapter 1 (commencing with Section 58000) of Division 1 of Title 6 of the Government Code, community services district organized pursuant to Part 1 (commencing with Section 61000) of Division 3 of Title 6 of the Government Code, health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23 of the Health and Safety Code, or a federally recognized Indian tribe. -(c) (1) To the extent intergovernmental transfers are voluntarily made by, and accepted from, an eligible provider described in subdivision (b), or a governmental entity affiliated with an eligible provider, the department shall make increased capitation payments to applicable Medi-Cal managed care plans for covered ground emergency medical transportation services. -(2) The increased capitation payments made pursuant to this section shall be in amounts actuarially equivalent to the supplemental fee-for-service payments available for eligible providers pursuant to Section 14105.94, to the extent permissible under federal law. -(3) Except as provided in subdivision (f), all funds associated with intergovernmental transfers made and accepted pursuant to this section shall be used to fund additional payments to eligible providers. -(4) Medi-Cal managed care plans shall pay 100 percent of any amount of increased capitation payments made pursuant to this section to eligible providers for providing and making available ground emergency medical transportation services pursuant to a contract or other arrangement with a Medi-Cal managed care plan. -(d) The intergovernmental transfer program developed pursuant to this section shall be implemented on -January 1, -July 1, -2016, or a later date if otherwise required pursuant to any necessary federal approvals obtained, and only to the extent intergovernmental transfers from the eligible provider, or the governmental entity with which it is affiliated, are provided for this purpose. To the extent permitted by federal law, the department may implement the intergovernmental transfer program and increased capitation payments pursuant to this section on a retroactive basis as needed. -(e) Participation in the intergovernmental transfers under this section is voluntary on the part of the transferring entities for purposes of all applicable federal laws. -(f) This section shall be implemented without any additional expenditure from the General Fund. As a condition of participation under this section, each eligible provider as described in subdivision (b), or the governmental entity affiliated with an eligible provider, shall agree to reimburse the department for any costs associated with implementing this section. Intergovernmental transfers described in this section are not subject to the administrative fee assessed under paragraph (1) of subdivision (d) of Section 14301.4. -(g) As a condition of participation under this section, Medi-Cal managed care plans, eligible providers as described in subdivision (b), and governmental entities affiliated with eligible providers shall agree to comply with any requests for information or similar data requirements imposed by the department for purposes of obtaining supporting documentation necessary to claim federal funds or to obtain federal approvals. -(h) This section shall be implemented only if and to the extent federal financial participation is available and is not otherwise jeopardized, and any necessary federal approvals have been obtained. -(i) To the extent that the director determines that the payments made pursuant to this section do not comply with federal Medicaid requirements, the director retains the discretion to return or not accept an intergovernmental transfer, and may adjust payments pursuant to this section as necessary to comply with federal Medicaid requirements. -(j) To the extent federal approval is obtained, the increased capitation payments under this section may commence for dates of service on or after January 1, 2016. -(k) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law authorizes certain ground emergency medical transportation providers to receive supplemental Medi-Cal reimbursement in addition to the rate of payment that the provider would otherwise receive for those services. Existing law provides that participation in the supplemental reimbursement program by an eligible provider is voluntary, and requires the nonfederal share of the supplemental reimbursement to be paid only with funds from specified governmental entities. -This bill would authorize the department to provide supplemental reimbursement under these provisions for the cost of paramedic services at a rate of payment equal to cost. -This bill would also require the department to design and implement an intergovernmental transfer (IGT) program in order to increase capitation payments to Medi-Cal managed care plans for covered ground emergency medical transportation services, as specified. The bill would require the department to implement the IGT program on -January 1, -July 1, -2016, or a later date if otherwise required pursuant to any necessary federal approvals obtained. The bill would provide that participation in the IGTs is voluntary on the part of the transferring entity and would require Medi-Cal managed care plans to pay 100% of any amount of increased capitation payments made to eligible providers for providing and making available ground emergency medical transportation -services. -services, and would permit, to the extent federal approval is obtained, the increased capitation payments to commence for dates of services on or after January 1, 2016.","An act to amend Section 14105.94 of, and to add Section 14105.941 to, the Welfare and Institutions Code, relating to Medi-Cal." -156,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature to enact legislation that accomplishes all of the following: -(a) Creates a statewide Veterans’ Home Morale, Welfare, and Recreation Fund. -(b) Creates a Morale, Welfare, and Recreation Operating Fund at each veterans’ home. -(c) Authorizes and directs the Department of Veterans Affairs to promulgate rules and regulations related to the statewide Veterans’ Home Morale, Welfare, and Recreation Fund through a stakeholder process that includes members of the Veterans’ Homes of California. It is further the intent of the Legislature that these rules and regulations include, but not be limited to, a yearly allocation process for moneys to be expended in each home. -(d) Maintains the highest possible degree of transparent administration and resident involvement. -(e) Encourages identical Morale, Welfare, and Recreation Fund policies and procedures to be established, documented, and implemented at each veterans’ home. -SEC. 2. -Section 1047 of the Military and Veterans Code is repealed. -SEC. 3. -Section 1047 is added to the Military and Veterans Code, to read: -1047. -(a) (1) The Veterans’ Home Morale, Welfare, and Recreation Special Fund (MWR Fund) is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all funds deposited in the MWR Fund as authorized by this section shall be continuously appropriated to the department, without regard to fiscal year. All references in this chapter to the “Morale, Welfare, and Recreation Fund” or “MWR Fund” are deemed to refer to the fund created by this paragraph. -(2) The department shall distribute moneys in the MWR Fund to the homes to provide for the general welfare of the members of the homes. -(3) For the purposes of this subdivision, providing for the general welfare of the members of a home includes, but is not limited to, operating a canteen, base exchange, hobby shop, theater, library, or band, and payment for newspapers, chapel expenses, entertainment expenses, sports activities, celebrations, or any other function or activity that is related to the morale, welfare, and recreation of the residents that would not otherwise be paid for by the General Fund. -(4) The administrator of a home shall deposit all moneys maintained by the administrator in a Morale, Welfare, and Recreation Fund pursuant to this section as it read on January 1, 2015, into the Veterans’ Home Morale, Welfare, and Recreation Special Fund created by paragraph (1). -(5) All future moneys collected as a result of unreimbursed costs of care determinations are special state funds and shall be deposited in the MWR Fund. -(6) Each home shall establish an MWR Advisory Committee to provide ongoing guidance for the MWR Fund processes, including, but not limited to, budgeting, contracts, investments, expenditures, and revenues. The committee shall be comprised of the administrator or a representative and representatives of the Veterans’ Home Allied Council or resident council. -(7) On or before July 1, 2018, the department, in consultation with the MWR Advisory Committee in each home, the Veterans’ Home Allied Council, or the resident council at each home, shall adopt regulations that carry out the intent of this section, including, but not limited to, the administration of the MWR Fund and Morale, Welfare, and Recreation Operating Funds (MWRO Funds), the process by which the homes submit annual budgets and receive allocations, the process by which the secretary shall review and act upon the allocation requests and requests for augmentation of those allocations. -(8) Moneys deposited in the MWR Fund are exempt from the requirements of Article 2 (commencing with Section 11270) of Chapter 3 of Part 1 of Division 3 of Title 2 of the Government Code. -(b) (1) The department shall annually determine the amount for disbursement from the MWR Fund to the homes. This amount shall be disbursed proportionally by each home’s relative share of the total population of the entire veterans’ home system. All annual allocation requests and annual allocations, as well as any augmentations to those allocations, shall be made known to the members of the homes. In making allocation decisions, the department shall consider whether there are economies of scale or other savings which may be realized by aggregating home requests or otherwise while still meeting the intent of the homes’ requests. -(2) The secretary, in consultation with the administrator of the affected home, may augment the allocation from the MWR Fund to any veterans’ home after making a determination that this action is appropriate on the basis of factors including, but not limited to, the home’s unique age, size, population, and historical significance. -(c) Moneys in the MWR Fund shall not be expended for the following: -(1) A medical treatment or medical care of a member of a home. -(2) The maintenance or major capital improvement of the physical plant of a home. -(3) Any function, operation, or activity that is not directly related to the morale, welfare, or recreation of the members of the home. -(d) Appropriations from the General Fund for the purposes described in paragraph (3) of subdivision (b) may not be reduced for the purpose of, or to have the effect of, requiring increased expenditures from the MWR Fund for those described purposes. -(e) The department shall adopt, use, and require the homes to use uniform accounting procedures for the MWR Fund and the MWRO Funds subject to the department’s oversight and audit as needed. The department shall prepare an itemized report that is organized by category, including sufficient detail to allow legislative oversight, and accounts for all expenditures from, and all funds deposited into, the MWR Fund and the MWRO Funds for the previous fiscal year. The department shall submit the report on or before December 31, 2018, and annually on or before August 20 thereafter, to the following: -(1) The Department of Finance. -(2) The fiscal committees of the Assembly and Senate. -(3) The committees of the Assembly and the Senate that have subject matter jurisdiction over veterans’ affairs. -(4) The Veterans’ Home Allied Council or the resident council of each home. -(5) The administrator of each home. -(f) The department shall maintain a reserve in the MWR Fund of not less than three million dollars ($3,000,000). -(g) The department may transfer funds from the MWR Fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code or may hire a third-party investment broker to invest moneys from the MWR Fund consistent with Section 16480.2 of the Government Code and any regulations regarding selecting prudent, approved investment types. The amount invested and the accrued interest or earnings shall be credited to the MWR Fund for allocation by the department. -(h) The administrator of a home may enter into an agreement with the Veterans’ Home Allied Council that authorizes the council to operate facilities and engage in activities that are authorized by subdivision (b). The agreement shall be in the form and manner specified by the administrator and in conformity with applicable California law and regulations, including, but not limited to, the state procurement and contracting process. -SEC. 4. -Section 1048 of the Military and Veterans Code is repealed. -SEC. 5. -Section 1048 is added to the Military and Veterans Code, to read: -1048. -(a) A Morale, Welfare, and Recreation Operating Fund (MWRO Fund) shall be maintained by the administrator of each home to administer quality of life activities for the general welfare of the members, pursuant to the annual allocation, including any augmentation provided by the secretary, from the MWR Fund. -(b) The annual allocations from the MWR Fund, including any augmentations provided by the secretary, and any other quality of life moneys received shall be deposited in a local bank account established for this purpose. -(c) Moneys in the MWRO Fund shall not be expended for the following: -(1) Medical treatment or medical care for a member. -(2) The maintenance or major capital improvement of the Home’s physical plant. -(3) A function, operation, or activity that is not directly related to the morale, welfare, or recreation of the members of the home. -SEC. 6. -Section 1049 of the Military and Veterans Code is amended to read: -1049. -(a) Moneys in the Morale, Welfare, and Recreation Fund maintained under subdivision (a) of Section 1047 may be used, subject to approval by the secretary, to establish or operate a canteen and base exchange at each home location. The canteen may sell goods at a profit. -(b) The MWRO Fund of each home shall include proceeds from the operation of a canteen, or base exchange. Any moneys derived from golf course green fees, range ball fees, and operations of activities unique to each Veterans’ Home of California shall be deposited in the MWRO Fund allocation for that home after appropriate state costs, fees, and rent are deducted from the revenue received for those operations.","Existing law provides for the establishment and operation of the Veterans’ Home of California at various sites, including homes in Barstow, Chula Vista, Lancaster, Ventura, and Yountville, and provides for an administrator for each home or homesite. Existing law defines “home” and “administrator” for these purposes. Existing law establishes the Veterans’ Home Fund in the State Treasury, which includes the proceeds of certain bonds. Existing law requires, upon appropriation of the Legislature, the Department of Veterans Affairs to use money in the fund for the purpose of designing and constructing veterans’ homes in California. -Existing law requires the administrator of a veterans’ home to maintain a Morale, Welfare, and Recreation Fund, which is required to be used, at the discretion of the administrator and subject to the approval of the Secretary of Veterans Affairs, to provide for the general welfare of the veterans. Existing law specifies the moneys required to be deposited into the fund, and requires the administrator to prepare an itemized report for the expenditures made out of, and deposits made into, the fund. Under existing law, those reports are required to be submitted to the secretary, the fiscal committees of the Assembly and Senate, the committees of the Assembly and the Senate that have subject matter jurisdiction over veterans’ affairs, and the Veterans’ Home Allied Council on or before August 20 of each year. -This bill would create the Veterans’ Home Morale, Welfare, and Recreation Special Fund (MWR Fund), a continuously appropriated fund, in the State Treasury. The bill would require the administrator of a veterans’ home to deposit all moneys maintained by the administrator in an existing Morale, Welfare, and Recreation Fund into the statewide MWR Fund. The bill would require the administrator of each home to establish a Morale, Welfare, and Recreation Operating Fund (MWRO Fund) to administer quality of life activities for the general welfare of the residents and receive funds from the MWR Fund, as specified, and to establish an MWR Advisory Committee, as specified. The bill would require the department, in consultation with the MWR Advisory Committee, the Veterans’ Home Allied Council or the resident council of each home, to adopt regulations related to, among other things, administering the MWR Fund and the MWRO Funds and the process by which the homes submit and receive budget allocations. The bill would authorize the use of funds in the MWR Fund to provide for the general welfare of the residents of a home, as specified, and would specify restrictions on the use of those funds. The bill would require the department to annually determine the total amount for disbursement from the MWR Fund, and for that disbursement to be allocated proportionally to each home’s relative share of the total population of the entire veterans’ home system. The bill would authorize additional allocations to any veterans’ home if it is appropriate on the basis of factors including, but not limited to, the home’s unique age, size, population, and historical significance. The bill would authorize the administrator of a home to enter into an agreement with the Veterans’ Home Allied Council to operate facilities and activities that are related to authorized expenditures from the MWR Fund, as specified. The bill would require the department to prepare annual reports regarding moneys deposited into the MWR Fund and expenditure of those funds, as specified, and to submit the report on or before December 31 of each year to specified entities. The bill would require the department to maintain a $3,000,000 reserve in the MWR Fund and would authorize the department to invest moneys in the MWR Fund in the Surplus Money Investment Fund or by contracting with a third-party investment broker consistent with laws and regulations regarding selecting prudent, approved investment types.","An act to amend Section 1049 of, and to repeal and add Sections 1047 and 1048 of, the Military and Veterans Code, relating to veterans, and making an appropriation therefor." -157,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3008 of the Public Resources Code is amended to read: -3008. -(a) “Well” means any oil or gas well or well for the discovery of oil or gas; any well on lands producing or reasonably presumed to contain oil or gas; any well drilled for the purpose of injecting fluids or gas for stimulating oil or gas recovery, repressuring or pressure maintenance of oil or gas reservoirs, or disposing of waste fluids from an oil or gas field; any well used to inject or withdraw gas from an underground storage facility; or any well drilled within or adjacent to an oil or gas pool for the purpose of obtaining water to be used in production stimulation or repressuring operations. -(b) “Prospect well” or “exploratory well” means any well drilled to extend a field or explore a new, potentially productive reservoir. -(c) “Active observation well” means a well being used for the sole purpose of gathering reservoir data, such as pressure or temperature in a reservoir being currently produced or injected by the operator, and the data is gathered at least once every three years. -(d) “Idle well” means any well that has not produced oil or natural gas or has not been used for injection for six consecutive months of continuous operation during the last five or more years. An idle well does not include an active observation well. -(e) “Long-term idle well” means any well that has not produced oil or natural gas or has not been used for injection for six consecutive months of continuous operation during the last 10 or more years. A long-term idle well does not include an active observation well. -(f) “Enhanced oil recovery method” means the process of obtaining oil, not recovered from an oil reservoir, by utilizing certain extraction processes, including, but not limited to, thermal recovery, gas injection, chemical injection, and water flooding. -(g) “Confidential well” means an exploratory well with records that the division maintains as confidential information in accordance with Section 3234. -SEC. 2. -Section 3106 of the Public Resources Code is amended to read: -3106. -(a) The supervisor shall -authorize -supervise -the exploration and production of hydrocarbons, including -, but not limited to, the -drilling, stimulation, -the -use of enhanced oil recovery methods and well completion techniques, operation, reworking, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities attendant to oil and gas production, including pipelines not subject to regulation pursuant to Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code that are within an oil and gas -field. These activities shall be authorized in a manner -field, -so as to prevent, as far as possible, damage to life, health, property, and natural resources; damage to underground oil and gas deposits from infiltrating water and other causes; loss of oil, gas, or reservoir energy; and damage to underground and surface waters suitable for irrigation or domestic purposes or otherwise uncontaminated waters that could be treated to be suitable for irrigation or domestic purposes. -(b) The supervisor may allow an owner or operator of a well to drill, operate, maintain, and abandon wells utilizing all methods and practices known to the oil industry to increase the ultimate recovery of underground hydrocarbons if the supervisor finds that those methods and practices are consistent with this division. To further the elimination of waste by increasing the recovery of underground hydrocarbons, it is hereby declared as a policy of this state that the grant in an oil and gas lease or contract to a lessee or operator of the right or power, in substance, to explore for and remove all hydrocarbons from any lands in the state, in the absence of an express provision to the contrary contained in the lease or contract, is deemed to allow the lessee or contractor, or the lessee’s or contractor’s successors or assigns, to do what a prudent operator using reasonable diligence would do, having in mind the best interests of the lessor, lessee, and the state in producing and removing hydrocarbons, including, but not limited to, the injection of air, gas, water, or other fluids into the productive strata, the application of pressure, heat, or other means for the reduction of viscosity of the hydrocarbons, the supplying of additional motive force, or the creation of enlarged or new channels for the underground movement of hydrocarbons into production wells, when these methods or processes employed have been approved by the supervisor, except that nothing contained in this section imposes a legal duty upon the lessee or contractor, or the lessee’s or contractor’s successors or assigns, to conduct these operations. -(c) The supervisor may require an operator to implement a monitoring program, designed to detect releases to the soil and water, including both groundwater and surface water, for aboveground oil production tanks and facilities. -(d) The supervisor shall administer this division in conformance with Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code. -SEC. 3. -Section 3203 of the Public Resources Code is amended to read: -3203. -(a) The operator of any well, before commencing the work of drilling the well, shall file with the supervisor or the district deputy a written application for approval to commence drilling. The application shall detail all the methods and practices expected to be used for the well, including, but not limited to, well stimulation treatments and enhanced oil recovery methods. The application shall also demonstrate that the drilling and any method utilized will pose de minimis risk to public health and safety. Drilling shall not commence until written approval is given by the supervisor or the district deputy, finding that the project is consistent with Section 3106. If operations have not commenced within one year of approval of the application, the approval shall be deemed canceled, unless the applicant makes a written request for an extension with a reason for the extension. The supervisor may grant a one-year extension of the approval in writing. The application shall contain the pertinent data the supervisor requires on printed forms supplied by the division or on other forms acceptable to the supervisor. The supervisor may require other pertinent information to supplement the application. -(b) After the completion of any well, this section also applies, as far as may be, to the deepening or redrilling of the well, any operation involving the plugging of the well, or any operations permanently altering in any manner the casing of the well. The number or designation of any well, and the number or designation specified for any well in an application filed as required by this section, shall not be changed without first obtaining a written approval of the supervisor. -(c) If an operator has failed to comply with an order of the supervisor, the supervisor may deny approval of proposed well operations until the operator brings its existing well operations into compliance with the order. If an operator has failed to pay a civil penalty, remedy a violation that it is required to remedy to the satisfaction of the supervisor pursuant to an order issued under Section 3236.5, or to pay any charges assessed under Article 7 (commencing with Section 3400), the supervisor may deny approval to the operator’s proposed well operations until the operator pays the civil penalty, remedies the violation to the satisfaction of the supervisor, or pays the charges assessed under Article 7 (commencing with Section 3400). -(d) The applications and written approvals by the supervisor or the district deputy shall be posted on the division’s Internet Web site. -SEC. 4. -Section 3215.5 is added to the Public Resources Code, to read: -3215.5. -For any well, regardless of the operation or activity taking place, if there is any loss of well and well casing integrity, that loss and any resultant action or remedial work shall be reported by the operator to the applicable regional water quality control board within five days of the event. -SEC. 5. -Section 3234 of the Public Resources Code is amended to read: -3234. -(a) (1) Except as otherwise provided in this section, all of the well records, including production reports, of any owner or operator that are filed pursuant to this chapter are public records for purposes of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). -(2) Those records are public records when filed with the division unless the owner or operator requests, in writing, that the division maintain the well records of onshore exploratory wells or offshore exploratory wells as confidential information. The owner or operator shall give a detailed explanation and rationale for keeping the records of the exploratory well confidential and the supervisor shall respond in writing as to whether the confidential well status has been granted. Both the request for, and the granting of, confidential well status are public records, and shall be made accessible on the division’s Internet Web site. For onshore wells, the confidential period shall not exceed two years from the cessation of drilling operations as defined in subdivision (e). For offshore wells, the confidential period shall not exceed three years from the cessation of drilling operations as specified in subdivision (e). -(3) Well records maintained as confidential information by the division shall be open to inspection by those persons who are authorized by the owner or operator in writing. Confidential status shall not apply to state officers charged with regulating well operations, the director, or as provided in subdivision (c). -(4) On receipt by the supervisor of a written request documenting extenuating circumstances relating to a particular well, including a well on an expired or terminated lease, the supervisor may extend the period of confidentiality, as set forth in paragraph (2), for no more than six months. -(5) Once the confidential well period has ended, all well records shall be posted on the division’s Internet Web site within 10 working days. -(b) Notwithstanding the provisions of subdivision (a) regarding the period of confidentiality, the well records for onshore and offshore wells shall become public records when the supervisor is notified that the lease has expired or terminated. -(c) Production reports filed pursuant to Section 3227 shall be open to inspection by the State Board of Equalization or its duly appointed representatives when making a survey pursuant to Section 1815 of the Revenue and Taxation Code or when valuing state-assessed property pursuant to Section 755 of the Revenue and Taxation Code, and by the assessor of the county in which a well referred to in Section 3227 is located. -(d) For the purposes of this section, “well records” does not include either experimental logs and tests or interpretive data not generally available to all operators, as defined by the supervisor by regulation. -(e) The cessation of drilling operations occurs on the date of removal of drilling machinery from the well site. -SEC. 6. -Section 3450 of the Public Resources Code is repealed. -SEC. 7. -Section 3450 is added to the Public Resources Code, to read: -3450. -(a) The Conservation Committee of California Oil and Gas Producers or any other committee of oil producers may issue recommendations to the supervisor relating to oil and gas exploration and production, if both of the following are satisfied: -(1) Copies of those recommendations are delivered to the supervisor. -(2) A committee issuing the recommendations makes available to the supervisor its records, files, minutes, reports, and other data pertaining to those recommendations. -(b) The division shall post any recommendation received by the supervisor pursuant to subdivision (a) on the division’s Internet Web site. -(c) (1) The supervisor, in his or her discretion, may express his or her disapproval of any recommendation received pursuant to subdivision (a). -(2) The supervisor, in the absence of a recommendation by a committee of oil producers or if the supervisor deems a recommendation to be insufficient or incorrect, may issue recommendations relating to oil and gas exploration and production. -(3) Oil producers may comply or agree to comply with the supervisor’s recommendation, but neither a disapproval by the supervisor nor a recommendation by him or her shall constitute a basis for implying an obligation for oil producers to comply with that disapproval or recommendation. -(d) Nothing in this section shall authorize the production of oil or gas in violation of this division. -SEC. 8. -Section 3451 of the Public Resources Code is repealed. -SEC. 9. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law requires the State Oil and Gas Supervisor to supervise the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities related to oil and gas production within an oil and gas field, so as to prevent damage to life, health, property, and natural resources, as provided; to permit owners and operators of wells to utilize all known methods and practices to increase the ultimate recovery of hydrocarbons; and to perform the supervisor’s duties in a manner that encourages the wise development of oil and gas resources to best meet oil and gas needs in this state. -This bill would no longer require the supervisor to perform his or her duties in that manner. The bill would instead require the supervisor to -authorize -supervise -the exploration and production of hydrocarbons, including, among other things, the drilling, operation, maintenance, and abandonment of wells, -and the -use of enhanced oil recovery methods, as defined, -and stimulation, as provided, -and -would -authorize the supervisor to allow an owner or operator of a well to drill, operate, maintain, and abandon wells utilizing all known methods and practices to increase the ultimate recovery of hydrocarbons if the supervisor finds that those methods and practices are consistent with existing law. -(2) Existing law requires the operator of a well to file a written notice of intention to commence drilling with, and prohibits any drilling until approval is given by, the supervisor or district deputy. Under existing law, the notice is deemed approved if the supervisor or district deputy fails to respond to the notice in writing within 10 working days from receipt and is deemed canceled if operations have not commenced within one year of receipt. -This bill would require an owner or operator of a well to file an application for approval to commence drilling, containing specified information, and would prohibit any drilling until written approval is given by the supervisor or the district deputy containing specified findings. The bill would authorize the supervisor, upon request, to grant a one-year extension if operations have not commenced within one year of the approval. The bill would require the applications and approvals by the supervisor or the district deputy to be posted on the division’s Internet Web site within 10 working days. -(3) The Permit Streamlining Act requires any public agency that is the lead agency for a development project to approve or disapprove of a project, as specified. Under that act, if the lead agency or responsible agency is required to provide public notice of the development project or to hold a public hearing on the development project, or both, and the agency has not provided the public notice or held the hearing, or both, at least 60 days prior to the expirations of specified time periods, the applicant may file an action to compel the agency to provide the public notice or hold the hearing, or both, as specified. -This bill would require the supervisor to perform his or her duties in conformance with that act. -(4) Existing law generally provides that well records filed by owners or operators with the supervisor are public records. However, existing law authorizes the supervisor, upon written request of an owner or operator, to maintain well records of exploratory wells, or other wells if the supervisor determines that there are extenuating circumstances, as confidential information. Under existing law, the confidential period for an onshore or offshore well is up to 2 or 5 years, respectively, from the cessation of drilling operations, as defined. Existing law authorizes the supervisor to extend the period of confidentiality of a well for 6 months upon written request documenting extenuating circumstances and requires that the total period of confidentiality, including all extensions, for onshore and offshore wells not exceed 4 or 7 years, respectively, from the cessation of drilling operations. -This bill would limit the authorization to maintain the confidentiality of well records to exploratory wells and only if the owner or operator includes specified information in the written request. The bill would deem both the request for, and the granting of, confidential well status to be public records and would require that information to be accessible on the division’s Internet Web site. The bill would require all well records of a confidential well, as defined, to be posted on the division’s Internet Web site within 10 working days once the confidential well period has ended. The bill would require that the confidential period for an offshore well not exceed 3 years from the cessation of drilling operations and would authorize the supervisor to extend the period of confidentiality for confidential wells for only 6 months, upon receiving a written request documenting extenuating circumstances. -(5) Existing law requires an owner or operator of a well to keep a log, core record, and history of the drilling of wells to be provided to the district deputy within 60 days after the date of cessation of drilling, rework, or abandonment operations or the date of suspension of operation. Under existing law, a person who fails to comply with this and other requirements relating to the regulation of oil or gas operations is guilty of a misdemeanor. -This bill would in addition require an owner or operator of a well to report specified information to the applicable regional water quality control board within 5 days of any loss of well and well casing integrity. Because a violation of this requirement would be a crime, the bill would impose a state-mandated local program. -(6) Existing law recognizes the Conservation Committee of California Oil and Gas Producers and authorizes it or any other committee of oil producers to make voluntary recommendations to the supervisor regarding, among other things, maximum efficient rates of production, as defined, if specified conditions are satisfied. -This bill would instead authorize any committee of oil producers to make recommendations to the supervisor regarding oil and gas exploration and production, as specified, and would require the division to post any recommendations received by the supervisor on the division’s Internet Web site. -(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 3008, 3106, 3203, and 3234 of, to add Section 3215.5 to, to repeal Section 3451 of, and to repeal and add Section 3450 of, the Public Resources Code, relating to oil and gas." -158,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1374.21 of the Health and Safety Code is amended to read: -1374.21. -(a) (1) A change in premium rates or changes in coverage stated in a group health care service plan contract shall not become effective unless the plan has delivered in writing a notice indicating the change or changes at least 60 days prior to the contract renewal effective date. -(2) The notice delivered pursuant to paragraph (1) for large group health plans shall also include the following information: -(A) Whether the rate proposed to be in effect is greater than the average rate increase for individual market products negotiated by the California Health Benefit Exchange for the most recent calendar year for which the rates are final. -(B) Whether the rate proposed to be in effect is greater than the average rate increase negotiated by the Board of Administration of the Public Employees’ Retirement System for the most recent calendar year for which the rates are final. -(C) Whether the rate change includes any portion of the excise tax paid by the health plan. -(b) A health care service plan that declines to offer coverage to or denies enrollment for a large group applying for coverage shall, at the time of the denial of coverage, provide the applicant with the specific reason or reasons for the decision in writing, in clear, easily understandable language. -SEC. 2. -Section 1385.045 is added to the Health and Safety Code, to read: -1385.045. -(a) For large group health care service plan contracts, each health plan shall file with the department the weighted average rate increase for all large group benefit designs during the 12-month period ending January 1 of the following calendar year. The average shall be weighted by the number of enrollees in each large group benefit design in the plan’s large group market and adjusted to the most commonly sold large group benefit design by enrollment during the 12-month period. For the purposes of this section, the large group benefit design includes, but is not limited to, benefits such as basic health care services and prescription drugs. The large group benefit design shall not include cost sharing, including, but not limited to, deductibles, copays, and coinsurance. -(b) (1) A plan shall also submit any other information required pursuant to any regulation adopted by the department to comply with this article. -(2) The department shall conduct an annual public meeting regarding large group rates within three months of posting the aggregate information described in this section in order to permit a public discussion of the reasons for the changes in the rates, benefits, and cost sharing in the large group market. The meeting shall be held in either the Los Angeles area or the San Francisco Bay area. -(c) A health care service plan subject to subdivision (a) shall also disclose the following for the aggregate rate information for the large group market submitted under this section: -(1) For rates effective during the 12-month period ending January 1 of the following year, number and percentage of rate changes reviewed by the following: -(A) Plan year. -(B) Segment type, including whether the rate is community rated, in whole or in part. -(C) Product type. -(D) Number of enrollees. -(E) The number of products sold that have materially different benefits, cost sharing, or other elements of benefit design. -(2) For rates effective during the 12-month period ending January 1 of the following year, any factors affecting the base rate, and the actuarial basis for those factors, including all of the following: -(A) Geographic region. -(B) Age, including age rating factors. -(C) Occupation. -(D) Industry. -(E) Health status factors, including, but not limited to, experience and utilization. -(F) Employee, and employee and dependents, including a description of the family composition used. -(G) Enrollees’ share of premiums. -(H) Enrollees’ cost sharing. -(I) Covered benefits in addition to basic health care services, as defined in Section 1345, and other benefits mandated under this article. -(J) Which market segment, if any, is fully experience rated and which market segment, if any, is in part experience rated and in part community rated. -(K) Any other factor that affects the rate that is not otherwise specified. -(3) (A) The plan’s overall annual medical trend factor assumptions for all benefits and by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology for the applicable 12-month period ending January 1 of the following year. A health plan that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the enrollees of the plan shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories, to the maximum extent possible, that are the same as, or similar to, those used by other plans. -(B) The amount of the projected trend separately attributable to the use of services, price inflation, and fees and risk for annual plan contract trends by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology. A health plan that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the enrollees of the plan shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories that are, to the maximum extent possible, the same or similar to those used by other plans. -(C) A comparison of the aggregate per enrollee per month costs and rate of changes over the last five years for each of the following: -(i) Premiums. -(ii) Claims costs, if any. -(iii) Administrative expenses. -(iv) Taxes and fees. -(D) Any changes in enrollee cost sharing over the prior year associated with the submitted rate information, including both of the following: -(i) Actual copays, coinsurance, deductibles, annual out of pocket maximums, and any other cost sharing by the benefit categories determined by the department. -(ii) Any aggregate changes in enrollee cost sharing over the prior years as measured by the weighted average actuarial value, weighted by the number of enrollees. -(E) Any changes in enrollee benefits over the prior year, including a description of benefits added or eliminated, as well as any aggregate changes, as measured as a percentage of the aggregate claims costs, listed by the categories determined by the department. -(F) Any cost containment and quality improvement efforts since the plan’s prior year’s information pursuant to this section for the same category of health benefit plan. To the extent possible, the plan shall describe any significant new health care cost containment and quality improvement efforts and provide an estimate of potential savings together with an estimated cost or savings for the projection period. -(G) The number of products covered by the information that incurred the excise tax paid by the health plan. -(d) The information required pursuant to this section shall be submitted to the department on or before October 1, 2016, and on or before October 1 annually thereafter. Information submitted pursuant to this section is subject to Section 1385.07. -SEC. 3. -Section 10181.45 is added to the Insurance Code, to read: -10181.45. -(a) For large group health insurance policies, each health insurer shall file with the department the weighted average rate increase for all large group benefit designs during the 12-month period ending January 1 of the following calendar year. The average shall be weighted by the number of insureds in each large group benefit design in the insurer’s large group market and adjusted to the most commonly sold large group benefit design by enrollment during the 12-month period. For the purposes of this section, the large group benefit design includes, but is not limited to, benefits such as basic health care services and prescription drugs. The large group benefit design shall not include cost sharing, including, but not limited to, deductibles, copays, and coinsurance. -(b) (1) A health insurer shall also submit any other information required pursuant to any regulation adopted by the department to comply with this article. -(2) The department shall conduct an annual public meeting regarding large group rates within three months of posting the aggregate information described in this section in order to permit a public discussion of the reasons for the changes in the rates, benefits, and cost sharing in the large group market. The meeting shall be held in either the Los Angeles area or the San Francisco Bay area. -(c) A health insurer subject to subdivision (a) shall also disclose the following for the aggregate rate information for the large group market submitted under this section: -(1) For rates effective during the 12-month period ending January 1 of the following year, number and percentage of rate changes reviewed by the following: -(A) Plan year. -(B) Segment type, including whether the rate is community rated, in whole or in part. -(C) Product type. -(D) Number of insureds. -(E) The number of products sold that have materially different benefits, cost sharing, or other elements of benefit design. -(2) For rates effective during the 12-month period ending January 1 of the following year, any factors affecting the base rate, and the actuarial basis for those factors, including all of the following: -(A) Geographic region. -(B) Age, including age rating factors. -(C) Occupation. -(D) Industry. -(E) Health status factors, including, but not limited to, experience and utilization. -(F) Employee, and employee and dependents, including a description of the family composition used. -(G) Insureds’ share of premiums. -(H) Insureds’ cost sharing. -(I) Covered benefits in addition to basic health care services, as defined in Section 1345 of the Health and Safety Code, and other benefits mandated under this article. -(J) Which market segment, if any, is fully experience rated and which market segment, if any, is in part experience rated and in part community rated. -(K) Any other factor that affects the rate that is not otherwise specified. -(3) (A) The insurer’s overall annual medical trend factor assumptions for all benefits and by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology for the applicable 12-month period ending January 1 of the following year. A health insurer that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the health insurer’s insureds shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories, to the maximum extent possible, that are the same or similar to those used by other insurers. -(B) The amount of the projected trend separately attributable to the use of services, price inflation, and fees and risk for annual policy trends by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology. A health insurer that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the insureds shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories that are, to the maximum extent possible, the same or similar to those used by other insurers. -(C) A comparison of the aggregate per insured per month costs and rate of changes over the last five years for each of the following: -(i) Premiums. -(ii) Claims costs, if any. -(iii) Administrative expenses. -(iv) Taxes and fees. -(D) Any changes in insured cost sharing over the prior year associated with the submitted rate information, including both of the following: -(i) Actual copays, coinsurance, deductibles, annual out of pocket maximums, and any other cost sharing by the benefit categories determined by the department. -(ii) Any aggregate changes in insured cost sharing over the prior years as measured by the weighted average actuarial value, weighted by the number of insureds. -(E) Any changes in insured benefits over the prior year, including a description of benefits added or eliminated as well as any aggregate changes as measured as a percentage of the aggregate claims costs, listed by the categories determined by the department. -(F) Any cost containment and quality improvement efforts made since the insurer’s prior year’s information pursuant to this section for the same category of health insurer. To the extent possible, the insurer shall describe any significant new health care cost containment and quality improvement efforts and provide an estimate of potential savings together with an estimated cost or savings for the projection period. -(G) The number of products covered by the information that incurred the excise tax paid by the health insurer. -(d) The information required pursuant to this section shall be submitted to the department on or before October 1, 2016, and on or before October 1 annually thereafter. Information submitted pursuant to this section is subject to Section 10181.7. -SEC. 4. -Section 10199.1 of the Insurance Code is amended to read: -10199.1. -(a) (1) An insurer or nonprofit hospital service plan or administrator acting on its behalf shall not terminate a group master policy or contract providing hospital, medical, or surgical benefits, increase premiums or charges therefor, reduce or eliminate benefits thereunder, or restrict eligibility for coverage thereunder without providing prior notice of that action. The action shall not become effective unless written notice of the action was delivered by mail to the last known address of the appropriate insurance producer and the appropriate administrator, if any, at least 45 days prior to the effective date of the action and to the last known address of the group policyholder or group contractholder at least 60 days prior to the effective date of the action. If nonemployee certificate holders or employees of more than one employer are covered under the policy or contract, written notice shall also be delivered by mail to the last known address of each nonemployee certificate holder or affected employer or, if the action does not affect all employees and dependents of one or more employers, to the last known address of each affected employee certificate holder, at least 60 days prior to the effective date of the action. -(2) The notice delivered pursuant to paragraph (1) for large group health insurance policies shall also include the following information: -(A) Whether the rate proposed to be in effect is greater than the average rate increase for individual market products negotiated by the California Health Benefit Exchange for the most recent calendar year for which the rates are final. -(B) Whether the rate proposed to be in effect is greater than the average rate increase negotiated by the Board of Administration of the Public Employees’ Retirement System for the most recent calendar year for which the rates are final. -(C) Whether the rate change includes any portion of the excise tax paid by the health insurer. -(b) A holder of a master group policy or a master group nonprofit hospital service plan contract or administrator acting on its behalf shall not terminate the coverage of, increase premiums or charges for, or reduce or eliminate benefits available to, or restrict eligibility for coverage of a covered person, employer unit, or class of certificate holders covered under the policy or contract for hospital, medical, or surgical benefits without first providing prior notice of the action. The action shall not become effective unless written notice was delivered by mail to the last known address of each affected nonemployee certificate holder or employer, or if the action does not affect all employees and dependents of one or more employers, to the last known address of each affected employee certificate holder, at least 60 days prior to the effective date of the action. -(c) A health insurer that declines to offer coverage to or denies enrollment for a large group applying for coverage shall, at the time of the denial of coverage, provide the applicant with the specific reason or reasons for the decision in writing, in clear, easily understandable language. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the federal Patient Protection and Affordable Care Act (PPACA), requires the United States Secretary of Health and Human Services to establish a process for the annual review of unreasonable increases in premiums for health insurance coverage in which health insurance issuers submit to the secretary and the relevant state a justification for an unreasonable premium increase prior to implementation of the increase. The PPACA imposes an excise tax on a provider of applicable employer-sponsored health care coverage, if the aggregate cost of that coverage provided to an employee exceeds a specified dollar limit. -Existing state law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. -Existing law requires a health care service plan or health insurer in the individual, small group, or large group markets to file rate information with the Department of Managed Health Care or the Department of Insurance. For large group plan contracts and policies, existing law requires a plan or insurer to file rate information with the respective department at least 60 days prior to implementing an unreasonable rate increase, as defined in PPACA. Existing law requires the plan or insurer to also disclose specified aggregate data with that rate filing. Existing law authorizes the respective department to review those filings, to report to the Legislature at least quarterly on all unreasonable rate filings, and to post on its Internet Web site a decision that an unreasonable rate increase is not justified or that a rate filing contains inaccurate information. Existing law requires prior notice, as specified, of changes to premium rates or coverage in order for those changes to be effective. -This bill would add to the existing rate information requirement to further require large group health care service plans and health insurers to file with the respective department the weighted average rate increase for all large group benefit designs during the 12-month period ending January 1 of the following calendar year. The bill would require the notice of changes to premium rates or coverage for large group health plans and insurance policies to provide additional information regarding whether the rate change is greater than average rate increases approved by the California Health Benefit Exchange or by the Board of Administration of the Public Employees’ Retirement System, or would be subject to the excise tax described above. The bill would require the plan or insurer to file additional aggregate rate information with the respective department on or before October 1, 2016, and annually thereafter. The bill would require the respective department to conduct a public meeting regarding large group rate changes. The bill would require these meetings to occur annually after the respective department has reviewed the large group rate information required to be submitted annually by the plan or insurer, as specified. The bill would authorize a health care service plan or health insurer that exclusively contracts with no more than 2 medical groups to provide or arrange for professional medical services for enrollees or insureds to meet this requirement by disclosing its actual trend experience for the prior year using benefit categories that are the same or similar to those used by other plans or health insurers. -Because a willful violation of the bill’s requirements by a health care service plan would be a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1374.21 of, and to add Section 1385.045 to, the Health and Safety Code, and to amend Section 10199.1 of, and to add Section 10181.45 to, the Insurance Code, relating to health care coverage." -159,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The California Health and Human Services Agency consists of the following departments: the California Department of Aging, the Department of Community Services and Development, the State Department of Developmental Services, the State Department of Health Care Services, the Department of Managed Health Care, the State Department of Public Health, the Department of Rehabilitation, the State Department of Social Services, and the State Department of State Hospitals. -(b) The agency also includes the Emergency Medical Services Authority, the Office of Health Information Integrity, the Office of Patient Advocate, the Office of Statewide Health Planning and Development, the Office of Systems Integration, the Office of Law Enforcement Support, and the State Council on Developmental Disabilities. -(c) California baby boomers are turning 65 years of age at the highest rate in the nation, and over 20 percent of California’s population will be 65 years of age or older by 2030. -(d) Among persons 65 years of age and older, an estimated 70 percent will use long-term services and supports (LTSS). -(e) Persons who are 85 years of age or older are the fastest growing segment of the United States population, and they are four times more likely to need LTSS than persons who are 65 years of age or older, but younger than 85 years of age. -(f) People are living longer, and the aging population is increasingly diverse. -(g) A report by the Senate Select Committee on Aging and Long Term Care on January 5, 2015, called, “A Shattered System: Reforming Long-Term Care in California. Envisioning and Implementing an IDEAL Long-Term Care System in California,” found that the state’s system of 112 aging and long-term care programs administered by 20 agencies and departments is almost impossible for consumers to navigate. -(h) Other deficiencies of the system include the lack of person-centered care, poor transitions from hospital to home or to other institutions, limited access to a range of services that enable aging in place, deficiency of services and supports in rural areas, limited cultural competency, skilled workforce shortages across a range of disciplines, the lack of uniform data, the lack of a universal assessment tool, and limited caregiver supports. -SEC. 2. -Division 121 (commencing with Section 152000) is added to the Health and Safety Code, to read: -DIVISION 121. Aging and Long-Term Care Services, Supports, and Program Coordination -152000. -The Secretary of California Health and Human Services shall be responsible for all of the following: -(a) Inter- and intra-agency coordination of state aging and long-term care services, supports, and programs. -(b) Ensuring efficient and effective use of state funds. -(c) Maximizing the drawdown, and the efficient and effective use of federal funds. -152001. -There is hereby created a Statewide Aging and Long-Term Care Services Coordinating Council, chaired by the Secretary of California Health and Human Services, and consisting of the heads, or their designated representative, of all of the following: -(a) The California Department of Aging. -(b) The Department of Community Services and Development. -(c) The Department of Consumer Affairs. -(d) The Department of Food and Agriculture. -(e) The Department of Human Resources. -(f) The Department of Insurance. -(g) The Department of Justice. -(h) The Department of Motor Vehicles. -(i) The Department of Rehabilitation. -(j) The Department of Transportation. -(k) The Department of Veterans Affairs. -(l) The Emergency Medical Services Authority. -(m) The Employment Development Department. -(n) The Office of Health Information Integrity. -(o) The Office of Law Enforcement Support. -(p) The Office of Patient Advocate. -(q) The Office of Statewide Health Planning and Development. -(r) The Office of Systems Integration. -(s) The State Department of Developmental Services. -(t) The State Department of Health Care Services. -(u) The State Department of Public Health. -(v) The State Department of Social Services. -152002. -(a) The secretary shall lead the council in the development of a state aging and long-term care services strategic plan to address how the state will meet the needs of the aging population in the years 2020, 2025, and 2030. The strategic plan shall incorporate clear benchmarks and timelines for achieving the goals set forth in the strategic plan and a cost and benefit analysis for each goal or recommendation included in the plan. In developing the strategic plan, the council shall consult with all of the following: -(1) Experts, researchers, practitioners, service providers, and facility operators in the field of aging and long-term care. -(2) Consumer advocates and stakeholders, including the Olmstead Advisory Committee, the California Commission on Aging, area agencies on aging, the State Council on Developmental Disabilities, the California Foundation for Independent Living Centers, and the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy. -(3) Rural and urban communities, in order to identify infrastructure capacity issues, the need for uniform access standards for home and community-based services, and mechanisms for supporting coordination of regional and local service access and delivery. -(4) The California Task Force on Family Caregiving, the findings and recommendations of which shall be incorporated into the strategic plan. -(b) Technical support for the development of the strategic plan shall be provided by the Office of Health Equity in the State Department of Public Health and by the California Department of Aging. -(c) The strategic plan shall address all of the following: -(1) Integration and coordination of services that support independent living, aging in place, social and civic engagement, and preventive care. -(2) Long-term care financing. -(3) Managed care expansion and continuum of care. -(4) Advanced planning for end-of-life care. -(5) Elder justice. -(6) Care guidelines for Alzheimer’s disease, dementia, Amyotrophic Lateral Sclerosis (ALS), and other debilitating diseases. -(7) Caregiver support. -(8) Data collection, consolidation, uniformity, analysis, and access. -(9) Affordable housing. -(10) Mobility. -(11) Workforce. -(12) The alignment of state programs with the federal Administration for Community Living. -(13) The potential for integration and coordination of aging and long-term care services with services and supports for people with disabilities. -(d) In developing the strategic plan, the council shall examine model programs in various cities, counties, and states. The strategic plan shall consider how to scale up local, regional, and state-level best practices and innovations designed to overcome the challenges related to long-term care services delivery. -(e) Notwithstanding Section 10231.5 of the Government Code, the strategic plan shall be submitted to the Secretary of the Senate and the Chief Clerk of the Assembly, to the appropriate chairs of the policy committees of the Legislature with jurisdiction over any aging and long-term care related issues, and to the chairs of the fiscal committees of the Legislature by July 1, 2018. -152003. -The secretary may accept grants or donations, real or in-kind, to support the operation of the council and the development of the state aging and long-term care services strategic plan.","Existing law establishes the California Health and Human Services Agency consisting of the Departments of Aging, Child Support Services, Community Services and Development, Developmental Services, Health Care Services, Managed Health Care, Public Health, Rehabilitation, Social Services, and State Hospitals, among other entities. -Existing law sets forth legislative findings and declarations regarding long-term care services, including that consumers of those services experience great differences in service levels, eligibility criteria, and service availability that often result in inappropriate and expensive care that is not responsive to individual needs. Those findings and declarations also state that the laws governing long-term care facilities have established an uncoordinated array of long-term care services that are funded and administered by a state structure that lacks necessary integration and focus. -This bill, among other things, would create the Statewide Aging and Long-Term Care Services Coordinating Council, chaired by the Secretary of California Health and Human Services, and would consist of the heads, or their designated representative, of specified departments and offices. The secretary would have specified responsibilities, including, but not limited to, leading the council in the development of a state aging and long-term care services strategic plan to address how the state will meet the needs of the aging population in the years 2020, 2025, and 2030. The bill would require the strategic plan to be submitted to the Secretary of the Senate, the Chief Clerk of the Assembly, and the chairs of specified policy and fiscal committees of the Legislature by July 1, 2018. The bill would authorize the Secretary of California Health and Human Services to accept grants or donations, real or in-kind, to support the operation of the Statewide Aging and Long-Term Care Services Coordinating Council and the development of the state aging and long-term care services strategic plan.","An act to add Division 121 (commencing with Section 152000) to the Health and Safety Code, relating to aging." -160,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Quality, affordable child care is essential to prepare California’s children to succeed in school and in life and to allow families to work and contribute to the state’s economy with the assurance that their children are safe, well cared for, and learning. -(b) Family child care is the child care setting of choice for many families because of its warm homelike environment, convenience, and affordability. The flexibility offered by many family child care providers is particularly vital to low-wage workers who are subject to highly unpredictable work schedules, and to the many California workers who work nontraditional hours and need child care on evenings, overnights, and weekends. Close to 40 percent of licensed family child care homes offer evening, weekend, and overnight care, compared with only 2 percent of centers. -(c) Family child care providers are small business owners who contribute significantly to the economies of their communities and the state. As businesses, family child care providers are engines for economic growth, generating 100,000 direct and indirect jobs, three billion five hundred million dollars ($3,500,000,000) in economic output, and five hundred fifty million dollars ($550,000,000) in tax revenues. Family child care providers also contribute to the economy by serving as a vital job support for working families. -(d) Family child care providers face significant health and safety risks on the job, and will thus benefit from training on occupational safety and health. -(e) Giving family child care providers training on how to better navigate the state-funded child care system, including how to become licensed, will result in a more efficient and cost-effective system for family child care providers, families, and the state. -(f) California currently does not have a single list of all family child care providers who participate in the state-funded child care program. Creating such a list will enable the state to track and ensure compliance with training and background check requirements. Making that list available to provider organizations that will enable family child care providers to meet one another, be informed about training opportunities, and form and build organizations will allow them to share their common concerns and advocate to improve the quality, access, and stability of child care available to California’s children and families. This will allow the state to maximize its return on its investment in child care. -SEC. 2. -Article 19.5 (commencing with Section 8430) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: -Article 19.5. Raising Child Care Quality Act -8430. -This article shall be known, and may be cited, as the Raising Child Care Quality Act. -8431. -The purpose of this article is to ensure that family child care providers receive orientation training on subjects including occupational health and safety practices and standards and the state’s early learning foundations, and to make it more possible for family child care providers to be informed about training opportunities and to form and join provider organizations to share their common concerns and advocate for improvements to the state-funded child care system. -8432. -As used in this article: -(a) “Family child care provider” or “provider” means a child care provider that participates in a state-funded child care program and is either of the following: -(1) A family day care home provider, as described in Section 1596.78 of the Health and Safety Code, who is licensed pursuant to the requirement in Section 1596.80 of the Health and Safety Code. -(2) An individual who meets both of the following criteria: -(A) Provides child care in his or her own home or in the home of the child receiving care. -(B) Is exempt from licensing requirements pursuant to Section 1596.792 of the Health and Safety Code. -(b) “Provider organization” means an organization that has all of the following characteristics: -(1) Includes family child care providers as members. -(2) Has as one of its main purposes the representation of family child care providers in their relations with public or private entities in California or in advancing the concerns of providers regarding the terms of their participation in state-funded child care programs. -(3) Is not an entity that contracts with the state or a county to administer or process payments for a state-funded child care program. -(c) “State-funded child care program” means a program administered by the State Department of Education, the State Department of Social Services, or another department, agency, or political subdivision of the state, including programs established subsequent to the passage of this article, to subsidize early learning and care for children, but not including the public education system. -8433. -(a) To ensure that family child care providers have the opportunity to receive substantive training on topics including health and safety standards for child care workers, child care subsidy program functioning, and the state’s early learning foundations, the State Department of Education shall ensure that all family child care providers attend an in-person orientation training. Providers who are new to the state-funded child care program shall complete the orientation training within three months after they begin participating in the state-funded child care program. Providers who are already participating in the state-funded child care program shall complete the orientation training within two years after it is first offered. Other child care providers who are not family child care providers or who do not participate in the state-funded child care program may also be invited to attend the orientation training at no cost to the providers personally. -(b) Family child care providers shall be compensated for their time attending the orientation training. The orientation training shall be offered at times and in community-based settings that are convenient and accessible to family child care providers. -(c) If a substantial number of the family child care providers participating in the state-funded child care program in a given county are non-English speaking, some orientation training, including written material distributed at the training, in that county shall be provided in the languages spoken by a substantial number of family child care providers, in order to facilitate full participation from all providers. -(d) Alternatives to in-person orientation training shall be offered on a case-by-case basis for providers who have been unable to attend an orientation training within two years after the training is first offered, or within three months after the family child care provider begins participating in the state-funded child care program. -(e) An orientation training shall include at least four hours of instruction, which shall be in addition to training currently offered by resource and referral programs, and which is intended to count towards satisfying pre-service or orientation training requirements of federal law. The orientation training shall include information about all of the following: -(1) Minimum health and safety standards, including emergency preparedness and response planning. -(2) Occupational health and safety for family child care providers, including information about injuries, infectious diseases, environmental risks, and job-related stress. -(3) Information about the state-funded child care program, including the referral and listing process of resource and referral agencies, alternative payment programs, including family approval and payment processes, timelines, appeals processes, licensing guidelines, and the process for becoming a licensed family child care provider. -(4) Information about the state’s early learning foundations and how they align with K–5 standards. -(5) Information on resources available to providers and the children and families they serve, including all of the following: -(A) The federal Child and Adult Care Food Program. -(B) The state early intervention system, First 5 county commissions, and other sources of available training and resources, particularly related to child development, literacy, and alignment with K–5 standards. -(C) Information from provider organizations that notify the State Department of Education they would like to make presentations at or include information about their organizations at an orientation training. These programs or organizations may deliver this information through brief presentations as part of the orientation training. -(f) The State Department of Education shall offer the orientation training either directly or through contracts. The occupational safety and health portion of the training shall be offered through contracts with a statewide organization that has expertise about the state-funded child care program, that includes family child care providers as members, and that is not an entity that contracts with the state or a county to administer or process payments for a state-funded child care program. The remainder of the training shall be offered primarily with local resource and referral programs, as defined in subdivision (x) of Section 8208. -(g) Only curriculum approved by the State Department of Education may be used to fulfill the training requirements specified in this section. In order to ensure that the occupational safety and health portion of the training reflects providers’ needs and the realities of their work with regard to the occupational safety and health portion of the training, the State Department of Education shall only approve training curriculum that has been developed with input from family child care providers or their representatives. -(h) The Superintendent may adopt rules and regulations regarding the orientation training required under this section. The Superintendent may consult with other appropriate entities, including provider organizations and other early education and care advocates, representatives of community colleges, higher education institutions, resource and referral networks, First 5 county commissions, organizations that operate training programs or apprenticeship programs, and early education and care employers in developing these rules and regulations. -8434. -(a) Within 10 days of receipt of a request from a provider organization, the State Department of Social Services shall make available to that provider organization information regarding family child care providers described in paragraph (1) of subdivision (a) of Section 8432, including each provider’s name, home address, mailing address, telephone number, email address, if known, and license number. -(b) Within 30 days of receipt of a request from a provider organization, the State Department of Education, with the assistance of the State Department of Social Services and any state department or agency, or its contractor or subcontractor, in possession of the relevant information, shall collect information regarding family child care providers, including each provider’s name, home address, mailing address, telephone number, email address, if known, unique provider identification number, if applicable, and shall make that information available to the provider organization. The provider organization shall bear the reasonable costs of collecting the information described in this subdivision to the extent that the state is not already collecting it and is not already required by federal or state law or regulation to collect it, with any such payment going to reimburse the state departments, agencies, contractors, or subcontractors that incurred the costs of compiling the list. It is the intent of the Legislature that this list will assist the State Department of Social Services and the State Department of Education and their contractors in tracking provider compliance. -(c) A provider organization under this article shall be considered a family day care organization for purposes of subdivisions (b) and (c) of Section 1596.86 of the Health and Safety Code. All confidentiality requirements applicable to recipients of information pursuant to Section 1596.86 of the Health and Safety Code apply to provider organizations and shall apply also to protect the personal information of family child care providers as defined in paragraph (2) of subdivision (a) of Section 8432. -(d) Information provided pursuant to this section shall be used only for purposes of advocating on behalf of family child care providers and educating them on their rights and services available to them. -(e) Upon written request of a family child care provider, the State Department of Education and the State Department of Social Services shall remove the family child care provider’s home address and home telephone number from the mailing lists referenced in subdivisions (a) and (b) before the release of the lists. -8435. -The requirements of this article are contingent upon appropriation of funds for purposes of this article in the annual Budget Act or another statute.","Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of family day care homes by the State Department of Social Services. Existing law, the Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age, including, among others, resource and referral programs, alternative payment programs, and family child care home education networks. -This bill would require the State Department of Education to ensure that all family child care providers, as defined, attend an in-person orientation training, as provided. The bill would require the orientation training to include at least 4 hours of instruction and include specified information, including minimum health and safety standards, as provided. The bill would authorize the Superintendent to adopt rules and regulations regarding the orientation training. -The bill would require the State Department of Social Services and the State Department of Education, with the assistance of specified state departments and agencies, and their contractors and subcontractors, to make specified information regarding family child care providers available to provider organizations, and would require the provider organization requesting the information to bear the costs of collecting the information, as provided. -The bill would provide that the above provisions are contingent upon an appropriation of funds for these purposes in the annual Budget Act or another statute.","An act to add Article 19.5 (commencing with Section 8430) to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, relating to child care." -161,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 320.6 is added to the Penal Code, to read: -320.6. -(a) Notwithstanding Section 320.5, this section shall apply to an eligible organization, as defined in subdivision (c). -(b) A raffle conducted by an eligible organization, as defined in subdivision (c), for the purpose of directly supporting beneficial or charitable purposes or financially supporting another private, nonprofit eligible organization, as defined in subdivision (c) of Section 320.5, that performs beneficial or charitable purposes may be conducted in accordance with this section. -(c) For purposes of this section, “eligible organization” means a private, nonprofit organization established by, or affiliated with, a team from the Major League Baseball, National Hockey League, National Basketball Association, National Football League, Women’s National Basketball Association, or Major League Soccer, or a private, nonprofit organization established by the Professional Golfers’ Association of America, Ladies Professional Golf Association, or National Association for Stock Car Auto Racing that has been qualified to conduct business in California for at least one year before conducting a raffle, is qualified for an exemption under Section 501(c)(3) of the Internal Revenue Code, and is exempt from taxation pursuant to Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, 23701t, or 23701w of the Revenue and Taxation Code. -(d) For purposes of this section, “raffle” means a scheme for the distribution of prizes by chance among persons who have paid money for paper tickets that provide the opportunity to win these prizes, in which all of the following are true: -(1) Each ticket sold contains a unique and matching identifier. -(2) (A) Winners of the prizes are determined by a manual draw from tickets described in paragraph (1) that have been sold for entry in the manual draw. -(B) An electronic device may be used to sell tickets. The ticket receipt issued by the electronic device to the purchaser may include more than one unique and matching identifier, representative of and matched to the number of tickets purchased in a single transaction. -(C) A random number generator is not used for the manual draw or to sell tickets. -(D) The prize paid to the winner is comprised of one-half or 50 percent of the gross receipts generated from the sale of raffle tickets for a raffle. -(3) The manual draw is conducted in California under the supervision of a natural person who meets all of the following requirements: -(A) The person is 18 years of age or older. -(B) The person is affiliated with the eligible organization conducting the raffle. -(C) The person is registered with the Department of Justice pursuant to paragraph (4) of subdivision (o). -(4) (A) Fifty percent of the gross receipts generated from the sale of raffle tickets for any given manual draw are used by the eligible organization conducting the raffle to benefit or provide support for beneficial or charitable purposes, or used to benefit another private, nonprofit organization, provided that an organization receiving these funds is itself an eligible organization as defined in subdivision (c) of Section 320.5. As used in this section, “beneficial purposes” excludes purposes that are intended to benefit officers, directors, or members, as defined by Section 5056 of the Corporations Code, of the eligible organization. Funds raised by raffles conducted pursuant to this section shall not be used to fund any beneficial, charitable, or other purpose outside of California. This section does not preclude an eligible organization from using funds from sources other than the sale of raffle tickets to pay for the administration or other costs of conducting a raffle. -(B) An employee of an eligible organization who is a direct seller of raffle tickets shall not be treated as an employee for purposes of workers’ compensation under Section 3351 of the Labor Code if the following conditions are satisfied: -(i) Substantially all of the remuneration, whether or not paid in cash, for the performance of the service of selling raffle tickets is directly related to sales rather than to the number of hours worked. -(ii) The services performed by the person are performed pursuant to a written contract between the seller and the eligible organization and the contract provides that the person will not be treated as an employee with respect to the selling of raffle tickets for workers’ compensation purposes. -(C) For purposes of this section, an employee selling raffle tickets shall be deemed to be a direct seller as described in Section 650 of the Unemployment Insurance Code as long as he or she meets the requirements of that section. -(e) A person who receives compensation in connection with the operation of the raffle shall be an employee of the eligible organization that is conducting the raffle, and in no event may compensation be paid from revenues required to be dedicated to beneficial or charitable purposes. -(f) A raffle ticket shall not be sold in exchange for Bitcoin or any other cryptocurrency. -(g) A raffle otherwise permitted under this section shall not be conducted by means of, or otherwise utilize, any gaming machine that meets the definition of slot machine contained in Section 330a, 330b, or 330.1. -(h) (1) A raffle otherwise permitted under this section shall not be conducted, nor may tickets for a raffle be sold, within an operating satellite wagering facility or racetrack inclosure licensed pursuant to the Horse Racing Law (Chapter 4 (commencing with Section 19400) of Division 8 of the Business and Professions Code) or within a gambling establishment licensed pursuant to the Gambling Control Act (Chapter 5 (commencing with Section 19800) of Division 8 of the Business and Professions Code). -(2) A raffle shall not be operated or conducted in any manner over the Internet, nor may raffle tickets be sold, traded, or redeemed over the Internet. For purposes of this paragraph, an eligible organization shall not be deemed to operate or conduct a raffle over the Internet, or sell raffle tickets over the Internet, if the eligible organization advertises its raffle on the Internet or permits others to do so. Information that may be conveyed on an Internet Web site pursuant to this paragraph includes, but is not limited to, all of the following: -(A) Lists, descriptions, photographs, or videos of the raffle prizes. -(B) Lists of the prize winners. -(C) The rules of the raffle. -(D) Frequently asked questions and their answers. -(E) Raffle entry forms, which may be downloaded from the Internet Web site for manual completion by raffle ticket purchasers, but shall not be submitted to the eligible organization through the Internet. -(F) Raffle contact information, including the eligible organization’s name, address, telephone number, facsimile number, or email address. -(i) An individual, corporation, partnership, or other legal entity shall not hold a financial interest in the conduct of a raffle, except the eligible organization that is itself authorized to conduct that raffle, and any private, nonprofit, eligible organizations receiving financial support from that charitable organization pursuant to subdivisions (b) and (d). -(j) (1) An eligible organization may conduct a major league sports raffle only at a home game. -(2) An eligible organization shall not conduct more than one major league sports raffle per home game. -(k) An employee shall not sell raffle tickets in any seating area designated as a family section. -(l) An eligible organization shall disclose to all ticket purchasers the designated private, nonprofit, eligible organization for which the raffle is being conducted. -(m) An eligible organization that conducts a raffle to financially support another private, nonprofit eligible organization, as defined in subdivision (c) of Section 320.5, shall distribute all proceeds not paid out to the winners of the prizes to the private, nonprofit organization within 15 days of conducting the raffle, in accordance with this section. -(n) Any raffle prize remaining unclaimed by a winner at the end of the season for a team with an affiliated eligible organization that conducted a raffle to financially support another private, nonprofit eligible organization, as defined in subdivision (c) of Section 320.5, shall be donated within 30 days from the end of the season by the eligible organization to the designated private, nonprofit organization for which the raffle was conducted. -(o) (1) (A) An eligible organization shall not conduct a raffle authorized under this section, unless it has a valid registration issued by the Department of Justice. The department shall furnish a registration form via the Internet or upon request to eligible nonprofit organizations. The department shall, by regulation, collect only the information necessary to carry out the provisions of this section on this form. This information shall include, but is not limited to, the following: -(i) The name and address of the eligible organization. -(ii) The federal tax identification number, the corporate number issued by the Secretary of State, the organization number issued by the Franchise Tax Board, or the California charitable trust identification number of the eligible organization. -(iii) The name and title of a responsible fiduciary of the organization. -(B) (i) The department may require an eligible organization to pay a minimum annual registration fee of five thousand dollars ($5,000) to cover the reasonable costs of the department to administer and enforce this section. -(ii) An eligible organization shall pay, in addition to the annual registration application fee, one hundred dollars ($100) for every individual raffle conducted at an eligible location to cover the reasonable costs of the department to administer and enforce this section. This fee shall be submitted in conjunction with the annual registration form. -(2) (A) A manufacturer or distributor of raffle-related products or services shall not conduct business with an eligible organization for purposes of conducting a raffle pursuant to this section unless the manufacturer or distributor has a valid annual registration issued by the department. -(B) The department may require a manufacturer or distributor of raffle-related products or services to pay a minimum annual registration fee of five thousand dollars ($5,000) to cover the reasonable costs of the department to administer and enforce this section. -(3) An eligible organization shall register the equipment used in the sale and distribution of raffle tickets, and shall have the equipment tested by an independent gaming testing lab. -(4) (A) A person affiliated with an eligible organization who conducts the manual draw shall annually register with the department. -(B) The department may require a person affiliated with an eligible organization who conducts the manual draw to pay a minimum annual registration fee of ten dollars ($10) to cover the reasonable costs of the department to administer and enforce this section. -(5) The department may, by regulation, adjust the annual registration fees described in this section as needed to ensure that revenues will fully offset, but not exceed, the reasonable costs incurred by the department pursuant to this section. The fees shall be deposited by the department into the General Fund. -(6) The department shall receive moneys for the costs incurred pursuant to this section subject to an appropriation by the Legislature. -(7) The department shall adopt, on or before June 1, 2016, regulations necessary to effectuate this section, including emergency regulations, pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). -(8) The department shall maintain an automated database of all registrants. -(9) A local law enforcement agency shall notify the department of any arrests or investigation that may result in an administrative or criminal action against a registrant. -(10) The department may investigate all suspected violations of this section or any regulation adopted pursuant to this section, or any activity that the registrant has engaged in that is not in the best interests of the public’s health, safety, or general welfare as it pertains to charitable raffles. -(11) The department may audit the records and other documents of a registrant to ensure compliance with this section, and may charge a registrant the direct costs associated with an audit conducted pursuant to this paragraph. -(12) (A) Once registered, an eligible organization shall file annually thereafter with the department a report that includes all of the following information for each of the eligible organization’s last three fiscal years: -(i) The aggregate gross receipts from the operation of raffles. -(ii) The aggregate direct costs incurred by the eligible organization from the operation of raffles. -(iii) The charitable or beneficial purposes for which proceeds of the raffles were used. -(iv) The aggregate distributions of proceeds from the operation of raffles made to directly support beneficial or charitable purposes, other than beneficial or charitable purposes undertaken by the eligible organization, or eligible recipient organizations, under subdivision (c) of Section 320.5. -(v) The aggregate distributions of proceeds from the operation of raffles made to raffle winners. -(vi) The aggregate distributions of proceeds from the operation of raffles made to any other organizations, or for any other purposes, other than those included in clauses (ii), (iv), and (v). -(vii) A schedule of distributions of proceeds from the operation of raffles, by individual raffle, made to eligible recipient organizations under subdivision (c) of Section 320.5 that are not affiliated with the eligible organization. -(viii) A schedule of distributions of proceeds from the operation of raffles, by individual raffle, made to eligible recipient organizations under subdivision (c) of Section 320.5 that are affiliated with the eligible organization. -(ix) A schedule of distributions of proceeds from the operation of raffles, by individual raffle, made to any other organization not included under clause (vii) or (viii), or for beneficial or charitable purposes undertaken by the eligible organization. -(x) The aggregate gross receipts from activities other than the operation of raffles. -(xi) The aggregate costs incurred by the eligible organization from activities other than the operation of raffles. -(xii) The aggregate distributions of funds other than proceeds from the operation of raffles made to directly support beneficial or charitable purposes or eligible recipient organizations under subdivision (c) of Section 320.5. -(xiii) The aggregate distributions of funds other than proceeds from the operation of raffles for purposes other than those listed in clauses (xi) and (xii). -(xiv) A schedule of distributions of funds other than proceeds from the operation of raffles made to eligible recipient organizations under subdivision (c) of Section 320.5 that are not affiliated with the eligible organization. -(xv) A schedule of distributions of funds other than proceeds from the operation of raffles made to any other organization not included under clause (xiv), or for beneficial or charitable purposes undertaken by the eligible organization. -(B) Failure to submit the annual report to the department as required in this paragraph shall be grounds for denial of an annual registration. -(C) The department shall make the reports required by this paragraph available to the public via the online search portal of the Attorney General’s Registry of Charitable Trusts maintained pursuant to Section 12584 of the Government Code. -(13) The department shall annually furnish to registrants a form to collect this information. -(p) The department may take legal action against a registrant if it determines that the registrant has violated this section or a regulation adopted pursuant to this section, or that the registrant has engaged in any conduct that is not in the best interests of the public’s health, safety, or general welfare. An action taken pursuant to this subdivision does not prohibit the commencement of an administrative or criminal action by the Attorney General, a district attorney, city attorney, or county counsel. -(q) An action and hearing conducted to deny, revoke, or suspend a registry, or other administrative action taken against a registrant, shall be conducted pursuant to the Administrative Procedure Act (Chapters 4.5 (commencing with Section 11400) and 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). The department may seek civil remedies, including imposing fines, for violations of this section, and may seek recovery of the costs incurred in investigating or prosecuting an action against a registrant or applicant in accordance with those procedures specified in Section 125.3 of the Business and Professions Code. A proceeding conducted under this subdivision is subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. A violation of this section shall not constitute a crime. -(r) This section shall remain in effect only until December 31, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2018, deletes or extends that date.","The California Constitution authorizes the Legislature to permit private, nonprofit, eligible organizations to conduct raffles as a funding mechanism to support beneficial and charitable works, if, among other conditions, at least 90% of the gross receipts from the raffle go directly to beneficial or charitable purposes in California. The California Constitution further authorizes the Legislature to amend the percentage of gross receipts required to be dedicated to beneficial or charitable purposes by a statute passed by a -2/3 -vote of each house of the Legislature. Existing statutory law implements those provisions and requires the Department of Justice to administer and enforce those provisions. -This bill would authorize a major league sports raffle at a home game conducted by an eligible organization, as defined, for the purpose of directly supporting specified beneficial or charitable purposes in California, or financially supporting another private, nonprofit, eligible organization, as defined, that performs those purposes if, among other requirements, each ticket sold contains a unique and matching identifier, 50% of the gross receipts generated from the sale of raffle tickets are used to benefit or provide support for beneficial or charitable purposes, as defined, the other 50% is paid to the winner, and the winners of the prizes are determined by a manual draw, as specified. The bill would authorize an electronic device to be used to sell tickets. The bill would prohibit the use of a random number generator for the manual draw or sale of tickets. This bill would define an eligible organization as a private, nonprofit organization established by, or affiliated with, a team from specified sports organizations that has been qualified to conduct business in California for at least one year before conducting a raffle and is exempt from taxation pursuant to specified provisions of federal and California law. -The bill would require, if an eligible organization conducts a raffle for purposes of financially supporting another private, nonprofit, eligible organization, the eligible organization conducting the raffle to distribute to the other eligible organization all proceeds not paid out to the winners within 15 days of conducting the raffle. The bill would require an eligible organization to disclose to all ticket purchasers the designated private, nonprofit organization for which the raffle is being conducted. -This bill would also prohibit an eligible organization from conducting a raffle, and a manufacturer or distributor of raffle-related products or services from conducting business with an eligible organization for purposes of conducting a raffle pursuant to these provisions, without first having obtained and thereafter maintained a registration from the Department of Justice, as specified. Once registered, the bill would require an eligible organization to file annually thereafter with the department a report that includes specified information for each of the eligible organization’s last 3 fiscal years, and would require the department to make those reports available online, as provided. This bill would require the department to adopt, on or before June 1, 2016, regulations to enforce these provisions, would authorize the department to assess annual registration fees, as specified, to be deposited in the General Fund to cover the reasonable costs of establishing and operating this registration system, and would require the department to maintain a database of registrants and conduct specified proceedings in compliance with the Administrative Procedure Act. The bill would repeal its provisions on December 31, 2018.","An act to add and repeal Section 320.6 of the Penal Code, relating to gaming." -162,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 116681 of the Health and Safety Code is amended to read: -116681. -Except as provided in paragraph (2) of subdivision (j) of Section 116686, the following definitions shall apply to this section and Sections 116682, 116684, and 116686: -(a) “Adequate supply” means sufficient water to meet residents’ health and safety needs. -(b) “Affected residence” means a residence within a disadvantaged community that is reliant on a water supply that is either inadequate or unsafe. -(c) “Consistently fails” means a failure to provide an adequate supply of safe drinking water. -(d) “Consolidated water system” means the public water system resulting from the consolidation of a public water system with another public water system, state small water system, or affected residences not served by a public water system. -(e) “Consolidation” means joining two or more public water systems, state small water systems, or affected residences not served by a public water system, into a single public water system. -(f) “Disadvantaged community” means a disadvantaged community, as defined in Section 79505.5 of the Water Code, that is in an unincorporated area, is in a mobilehome park, or is served by a mutual water company. -(g) “Extension of service” means the provision of service through any physical or operational infrastructure arrangement other than consolidation. -(h) “Receiving water system” means the public water system that provides service to a subsumed water system through consolidation or extension of service. -(i) “Safe drinking water” means water that meets all primary and secondary drinking water standards. -(j) “Subsumed water system” means the public water system, state small water system, or affected residences not served by a public water system consolidated into or receiving service from the receiving water system. -SEC. 1.5. -Section 116681 of the Health and Safety Code is amended to read: -116681. -Except as provided in paragraph (2) of subdivision (j) of Section 116686, the following definitions shall apply to this section and Sections 116682, 116684, and 116686: -(a) “Adequate supply” means sufficient water to meet residents’ health and safety needs. -(b) “Affected residence” means a residence within a disadvantaged community that is reliant on a water supply that is either inadequate or unsafe. -(c) “Consistently fails” means a failure to provide an adequate supply of safe drinking water. -(d) “Consolidated water system” means the public water system resulting from the consolidation of a public water system with another public water system, state small water system, or affected residences not served by a public water system. -(e) “Consolidation” means joining two or more public water systems, state small water systems, or affected residences not served by a public water system, into a single public water system. -(f) “Disadvantaged community” means a disadvantaged community, as defined in Section 79505.5 of the Water Code, that is in an unincorporated area, is in a mobilehome park, or is served by a mutual water company or a small public water system. -(g) “Extension of service” means the provision of service through any physical or operational infrastructure arrangement other than consolidation. -(h) “Receiving water system” means the public water system that provides service to a subsumed water system through consolidation or extension of service. -(i) “Safe drinking water” means water that meets all primary and secondary drinking water standards. -(j) “Small public water system” has the same meaning as provided in subdivision (b) of Section 116395. -(k) “Subsumed water system” means the public water system, state small water system, or affected residences not served by a public water system consolidated into or receiving service from the receiving water system. -SEC. 2. -Section 116682 of the Health and Safety Code is amended to read: -116682. -(a) Where a public water system or a state small water system, serving a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water, the state board may order consolidation with a receiving water system as provided in this section and Section 116684. The consolidation may be physical or operational. The state board may also order the extension of service to an area within a disadvantaged community that does not have access to an adequate supply of safe drinking water so long as the extension of service is an interim extension of service in preparation for consolidation. The state board may set timelines and performance measures to facilitate completion of consolidation. -(b) Before ordering consolidation or extension of service as provided in this section, the state board shall do all of the following: -(1) Encourage voluntary consolidation or extension of service. -(2) Consider other enforcement remedies specified in this article. -(3) Consult with, and fully consider input from, the relevant local agency formation commission regarding the provision of water service in the affected area, the recommendations for improving service in a municipal service review, and any other relevant information. -(4) Consult with, and fully consider input from, the Public Utilities Commission when the consolidation would involve a water corporation subject to the commission’s jurisdiction. -(5) Consult with, and fully consider input from, the local government with land use planning authority over the affected area, particularly regarding any information in the general plan required by Section 65302.10 of the Government Code. -(6) Consult with, and fully consider input from, all public water systems in the chain of distribution of the potentially receiving water systems. -(7) (A) Notify the potentially receiving water system and the potentially subsumed water system, if any, and establish a reasonable deadline of no less than six months, unless a shorter period is justified, for the potentially receiving water system and the potentially subsumed water system, if any, to negotiate consolidation or another means of providing an adequate supply of safe drinking water. -(B) During this period, the state board shall provide technical assistance and work with the potentially receiving water system and the potentially subsumed water system to develop a financing package that benefits both the receiving water system and the subsumed water system. -(C) Upon a showing of good cause, the deadline may be extended by the state board at the request of the potentially receiving water system, potentially subsumed water system, or the local agency formation commission with jurisdiction over the potentially subsumed water system. -(8) Obtain written consent from any domestic well owner for consolidation or extension of service. Any domestic well owner within the consolidation or extended service area who does not provide written consent shall be ineligible, until the consent is provided, for any future water-related grant funding from the state other than funding to mitigate a well failure, disaster, or other emergency. -(9) (A) Hold at least one public meeting at the initiation of this process in a place as close as feasible to the affected areas. The state board shall make reasonable efforts to provide a 30-day notice of the meeting to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and all affected local government agencies and drinking water service providers. The meeting shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, and the potentially receiving water system an opportunity to present testimony. The meeting shall provide an opportunity for public comment. -(B) An initial public meeting shall not be required for a potentially subsumed area that is served only by domestic wells. -(c) Upon expiration of the deadline set by the state board pursuant to paragraph (7) of subdivision (b), the state board shall do the following: -(1) Consult with the potentially receiving water system and the potentially subsumed water system, if any. -(2) (A) Conduct a public hearing, in a location as close as feasible to the affected communities. -(B) The state board shall make reasonable efforts to provide a 30-day notice of the hearing to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and to all affected local government agencies and drinking water service providers. -(C) The hearing shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, and the potentially receiving water system an opportunity to present testimony. -(D) The hearing shall provide an opportunity for public comment. -(d) Before ordering consolidation or extension of service, the state board shall find all of the following: -(1) The potentially subsumed water system has consistently failed to provide an adequate supply of safe drinking water. -(2) All reasonable efforts to negotiate consolidation or extension of service were made. -(3) Consolidation of the receiving water system and subsumed water system or extension of service is appropriate and technically and economically feasible. -(4) There is no pending local agency formation commission process that is likely to resolve the problem in a reasonable amount of time. -(5) Concerns regarding water rights and water contracts of the subsumed and receiving water systems have been adequately addressed. -(6) Consolidation or extension of service is the most effective and cost-effective means to provide an adequate supply of safe drinking water. -(7) The capacity of the proposed interconnection needed to accomplish the consolidation is limited to serving the current customers of the subsumed water system. -(e) Upon ordering consolidation or extension of service, the state board shall do all of the following: -(1) As necessary and appropriate, make funds available, upon appropriation by the Legislature, to the receiving water system for the costs of completing the consolidation or extension of service, including, but not limited to, replacing any capacity lost as a result of the consolidation or extension of service, providing additional capacity needed as a result of the consolidation or extension of service, and legal fees. Funding pursuant to this paragraph is available for the general purpose of providing financial assistance for the infrastructure needed for the consolidation or extension of service and does not need to be specific to each individual consolidation project. The state board shall provide appropriate financial assistance for the infrastructure needed for the consolidation or extension of service. The state board’s existing financial assistance guidelines and policies shall be the basis for the financial assistance. -(2) Ensure payment of standard local agency formation commission fees caused by state board-ordered consolidation or extension of service. -(3) Adequately compensate the owners of a privately owned subsumed water system for the fair market value of the system, as determined by the Public Utilities Commission or the state board. -(4) Coordinate with the appropriate local agency formation commission and other relevant local agencies to facilitate the change of organization or reorganization. -(f) (1) For the purposes of this section, the consolidated water system shall not increase charges on existing customers of the receiving water system solely as a consequence of the consolidation or extension of service unless the customers receive a corresponding benefit. -(2) For purposes of this section, fees or charges imposed on a customer of a subsumed water system shall not exceed the cost of consolidating the water system with a receiving system or the extension of service to the area. -(g) Division 3 (commencing with Section 56000) of Title 5 of the Government Code shall not apply to an action taken by the state board pursuant to this section. -SEC. 3. -Section 116686 is added to the Health and Safety Code, to read: -116686. -(a) (1) To provide affordable, safe drinking water to disadvantaged communities and to prevent fraud, waste, and abuse, the state board may do both of the following, if sufficient funding is available and if the state board finds that consolidation with another system or extension of service from another system is either not appropriate or not technically and economically feasible: -(A) (i) Contract with an administrator to provide administrative and managerial services to a designated public water system to assist the designated public water system with the provision of an adequate and affordable supply of safe drinking water. -(ii) To fulfill the requirements of this section, the state board may contract with more than one administrator, but only one administrator may be assigned to provide services to a given designated public water system. -(iii) An administrator may provide administrative and managerial services to more than one designated public water system. -(B) Order the designated public water system to accept administrative and managerial services, including full management and control, from an administrator selected by the state board. -(2) In performing its duties pursuant to paragraph (1), the state board may use criteria from the policy handbook adopted pursuant to Section 116760.43. -(b) Before the state board determines that a public water system is a designated public water system, the state board shall do both of the following: -(1) Provide the public water system with notice and an opportunity to show either of the following: -(A) That the public water system has not consistently failed to provide an adequate and affordable supply of safe drinking water. -(B) That the public water system has taken steps to timely address its failure to provide an adequate and affordable supply of safe drinking water. -(2) (A) Conduct a public meeting in a location as close as feasible to the affected community. -(B) The state board shall make reasonable efforts to provide a 30-day notice of the meeting to affected ratepayers, renters, and property owners. -(C) Representatives of the public water system, affected ratepayers, renters, and property owners shall be provided an opportunity to present testimony at the meeting. -(D) The meeting shall provide an opportunity for public comment. -(c) The state board shall make financial assistance available to an administrator for a designated public water system, as appropriate and to the extent that funding is available. -(d) An administrator may do any of the following: -(1) Expend available moneys for capital infrastructure improvements that the designated public water system needs to provide an adequate and affordable supply of safe drinking water. -(2) Set and collect user water rates and fees, subject to approval by the state board. The provisions of this section are subject to all applicable constitutional requirements, including Article XIII D of the California Constitution. -(3) Expend available moneys for operation and maintenance costs of the designated public water system. -(e) The state board shall work with the administrator of a designated public water system and the communities served by that designated public water system to develop, within the shortest feasible timeframe, adequate technical, managerial, and financial capacity to deliver safe drinking water so that the services of the administrator are no longer necessary. -(f) A designated public water system shall not be responsible for any costs associated with an administrator. -(g) Administrative and managerial contracts pursuant to this section shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and may be awarded on a noncompetitive bid basis as necessary to implement the purposes of this section. -(h) For purposes of this section, a local government, as defined in Article XIII C of the California Constitution, that sets water rates in accordance with Article XIII D of the California Constitution shall be deemed to be providing affordable water. -(i) This section does not apply to a charter city, charter county, or charter city and county. -(j) For purposes of this section, the following terms have the following meanings: -(1) “Administrator” means a person whom the state board has determined is competent to perform the administrative and managerial services of a public water system, as described in subdivision (d). In determining competency, the state board may consider demonstrated experience in managing and operating a public water system. -(2) “Designated public water system” means a public water system that serves a disadvantaged community, as defined in Section 79505.5 of the Water Code, and that the state board finds consistently fails to provide an adequate and affordable supply of safe drinking water. -SEC. 4. -Section 1.5 of this bill incorporates amendments to Section 116681 of the Health and Safety Code proposed by this bill, Assembly Bill 1611, and Senate Bill 839. It shall only become operative if (1) this bill and Assembly Bill 1611 or Senate Bill 839, or both of those bills, are enacted and become effective on or before January 1, 2017, (2) Assembly Bill 1611, Senate Bill 839, or both, as enacted, amend Section 116681 of the Health and Safety Code, and (3) this bill is enacted last of these bills that amend Section 116681 of the Health and Safety Code, in which case Section 116681 of the Health and Safety Code, as amended by Assembly Bill 1611 or Senate Bill 839, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative.","Existing law, the California Safe Drinking Water Act, provides for the operation of public water systems and imposes on the State Water Resources Control Board various responsibilities and duties. The act authorizes the state board to order consolidation with a receiving water system where a public water system, or a state small water system within a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water. The act authorizes the state board to order the extension of service to an area that does not have access to an adequate supply of safe drinking water so long as the extension of service is an interim extension of service in preparation for consolidation. Existing law, for these purposes, defines “disadvantaged community” to mean a disadvantaged community that is in an unincorporated area or is served by a mutual water company. -This bill would authorize the state board to order consolidation where a public water system or a state small water system is serving, rather than within, a disadvantaged community, and would limit the authority of the state board to order consolidation or extension of service to provide that authority only with regard to a disadvantaged community. This bill would make a community disadvantaged for these purposes if the community is in a mobilehome park, even if it is not in an unincorporated area or served by a mutual water company. -The act requires the state board, before ordering consolidation or extension of service, to take certain actions, including consulting with specified entities, to hold at least one initial public meeting, as specified, and to obtain written consent from any domestic well owner for consolidation or extension of service. The act provides that any affected resident within the consolidation or extended service area who does not provide written consent is ineligible, until consent is provided, for any future water-related grant funding from the state, except as specified. -This bill would also require the state board, before ordering consolidation or extension of service, to consult with public water systems in the chain of distribution of the potentially receiving water system. The bill would provide that an initial public meeting is not required for a potentially subsumed area that is served only by domestic wells. The bill would apply to the domestic well owner, instead of to an affected resident, within the consolidation or extended service area the written consent requirement for eligibility for water-related grant funding. -The act requires the state board, upon ordering the consolidation or extension of service, to adequately compensate the owners of a privately owned subsumed water system for the fair market value of the system as determined by the Public Utilities Commission for water corporations subject to the commission’s jurisdiction or the state board for all other systems. The act prohibits a consolidated water system from increasing charges on existing customers of the receiving water system solely as a consequence of the consolidation or extension of service unless the customer receives a corresponding benefit. -This bill would instead authorize the Public Utilities Commission or the state board to determine the fair market value of a subsumed water system, without regard to whether the system is a water corporation subject to the commission’s jurisdiction. The bill would prohibit fees or charges imposed on a customer of a subsumed water system from exceeding the cost of consolidating the water system or the cost of extension of service to the area. -The act exempts the consolidation or extension of service pursuant to these provisions from the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, which governs the procedures for the formation and change of organization of cities and special districts. -This bill would instead exempt an action taken by the state board pursuant to these provisions from the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. -This bill would authorize the state board, for the purpose of providing affordable, safe drinking water to disadvantaged communities and preventing fraud, waste, and abuse, to contract with an administrator to provide administrative and managerial services to a designated water system and to order the designated public water system to accept those services if sufficient funding is available and if the state board makes a certain finding. The bill would define designated water system as a public water system that serves a disadvantaged community and that the state board finds consistently fails to provide an adequate and affordable supply of safe drinking water. The bill would require the state board to provide a public water system with notice, as specified, and to conduct a public meeting, as specified, before determining that the public water system is a designated public water system. The bill would authorize the administrator of a designated public water system to expend available moneys for capital infrastructure improvements that the designated public water system needs to provide an adequate and affordable supply of safe drinking water, to set and collect user water rates and fees, and to expend available moneys for the operation and maintenance costs of the designated public water system. The bill would require the state board to work with the administrator of the public water system and the communities served by that designated public water system to develop, within the shortest feasible timeframe, adequate technical, managerial, and financial capacity to deliver safe drinking water so that the services of the administrator are no longer necessary. The bill would not apply these administrator provisions to a charter city, charter county, or charter city and county. -This bill would incorporate additional changes to Section 116681 of the Health and Safety Code proposed by AB 1611 and SB 839 that would become operative if this bill and one or both of those bills are enacted and this bill is chaptered last.","An act to amend Sections 116681 and 116682 of, and to add Section 116686 to, the Health and Safety Code, relating to water." -163,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10608.34 is added to the Water Code, to read: -10608.34. -(a) (1) On or before January 1, 2017, the department shall adopt rules for all of the following: -(A) The conduct of standardized water loss audits by urban retail water suppliers in accordance with the method adopted by the American Water Works Association in the third edition of Water Audits and Loss Control Programs, Manual M36 and in the Free Water Audit Software, version 5.0. -(B) The process for validating a water loss audit report prior to submitting the report to the department. For the purposes of this section, “validating” is a process whereby an urban retail water supplier uses a technical expert to confirm the basis of all data entries in the urban retail water supplier’s water loss audit report and to appropriately characterize the quality of the reported data. The validation process shall follow the principles and terminology laid out by the American Water Works Association in the third edition of Water Audits and Loss Control Programs, Manual M36 and in the Free Water Audit Software, version 5.0. A validated water loss audit report shall include the name and technical qualifications of the person engaged for validation. -(C) The technical qualifications required of a person to engage in validation, as described in subparagraph (B). -(D) The certification requirements for a person selected by an urban retail water supplier to provide validation of its own water loss audit report. -(E) The method of submitting a water loss audit report to the department. -(2) The department shall update rules adopted pursuant to paragraph (1) no later than six months after the release of subsequent editions of the American Water Works Association’s Water Audits and Loss Control Programs, Manual M36. Except as provided by the department, until the department adopts updated rules pursuant to this paragraph, an urban retail water supplier may rely upon a subsequent edition of the American Water Works Association’s Water Audits and Loss Control Programs, Manual M36 or the Free Water Audit Software. -(b) On or before October 1, 2017, and on or before October 1 of each year thereafter, each urban retail water supplier shall submit a completed and validated water loss audit report for the previous calendar year or the previous fiscal year as prescribed by the department pursuant to subdivision (a). Water loss audit reports submitted on or before October 1, 2017, may be completed and validated with assistance as described in subdivision (c). -(c) Using funds available for the 2016–17 fiscal year, the board shall contribute up to four hundred thousand dollars ($400,000) towards procuring water loss audit report validation assistance for urban retail water suppliers. -(d) Each water loss audit report submitted to the department shall be accompanied by information, in a form specified by the department, identifying steps taken in the preceding year to increase the validity of data entered into the final audit, reduce the volume of apparent losses, and reduce the volume of real losses. -(e) At least one of the following employees of an urban retail water supplier shall attest to each water loss audit report submitted to the department: -(1) The chief financial officer. -(2) The chief engineer. -(3) The general manager. -(f) The department shall deem incomplete and return to the urban retail water supplier any final water loss audit report found by the department to be incomplete, not validated, unattested, or incongruent with known characteristics of water system operations. A water supplier shall resubmit a completed water loss audit report within 90 days of an audit being returned by the department. -(g) The department shall post all validated water loss audit reports on its Internet Web site in a manner that allows for comparisons across water suppliers. The department shall make the validated water loss audit reports available for public viewing in a timely manner after their receipt. -(h) Using available funds, the department shall provide technical assistance to guide urban retail water suppliers’ water loss detection programs, including, but not limited to, metering techniques, pressure management techniques, condition-based assessment techniques for transmission and distribution pipelines, and utilization of portable and permanent water loss detection devices. -(i) No earlier than January 1, 2019, and no later than July 1, 2020, the board shall adopt rules requiring urban retail water suppliers to meet performance standards for the volume of water losses. In adopting these rules, the board shall employ full life cycle cost accounting to evaluate the costs of meeting the performance standards. The board may consider establishing a minimum allowable water loss threshold that, if reached and maintained by an urban water supplier, would exempt the urban water supplier from further water loss reduction requirements.","Existing law requires the state to achieve a 20% reduction in urban per capita water use in California by December 31, 2020, and requires the state to make incremental progress towards this goal by reducing per capita water use by at least 10% on or before December 31, 2015. Existing law requires each urban retail water supplier to develop urban water use targets and an interim urban water use target, in accordance with specified requirements. -This bill would require each urban retail water supplier, on or before October 1, 2017, and on or before October 1 of each year thereafter, to submit a completed and validated water loss audit report for the previous calendar year or previous fiscal year as prescribed by rules adopted by the Department of Water Resources on or before January 1, 2017, and updated as provided. The bill would require the department to post all validated water loss audit reports on its Internet Web site in a manner that allows for comparisons across water suppliers and to make these reports available for public viewing. This bill would require the department to provide technical assistance to guide urban retail water suppliers’ water loss detection programs. The bill would require the State Water Resources Control Board, no earlier than January 1, 2019, and no later than July 1, 2020, to adopt rules requiring urban retail water suppliers to meet performance standards for the volume of water losses. This bill would require the board to contribute up to $400,000 using funds available for the 2016–17 fiscal year towards procuring water loss audit report validation assistance for urban retail water suppliers.","An act to add Section 10608.34 to the Water Code, relating to water." -164,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25503.6 of the Business and Professions Code is amended to read: -25503.6. -(a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to all of the following conditions: -(1) The on-sale licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or the major tenant of the owner of any of the following: -(A) An outdoor stadium or a fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in Sacramento County or Alameda County. -(B) A fully enclosed arena with a fixed seating capacity in excess of 18,000 seats located in Orange County or Los Angeles County. -(C) An outdoor stadium or fully enclosed arena with a fixed seating capacity in excess of 8,500 seats located in Kern County. -(D) An exposition park of not less than 50 acres that includes an outdoor stadium with a fixed seating capacity in excess of 8,000 seats and a fully enclosed arena with an attendance capacity in excess of 4,500 people, located in San Bernardino County. -(E) An outdoor stadium with a fixed seating capacity in excess of 10,000 seats located in Yolo County. -(F) An outdoor stadium and a fully enclosed arena with fixed seating capacities in excess of 10,000 seats located in Fresno County. -(G) An athletic and entertainment complex of not less than 50 acres that includes within its boundaries an outdoor stadium with a fixed seating capacity of at least 8,000 seats and a second outdoor stadium with a fixed seating capacity of at least 3,500 seats located in Riverside County. -(H) An outdoor stadium with a fixed seating capacity in excess of 1,500 seats located in Tulare County. -(I) A motorsports entertainment complex of not less than 50 acres that includes within its boundaries an outdoor speedway with a fixed seating capacity of at least 50,000 seats, located in San Bernardino County. -(J) An exposition park, owned or operated by a bona fide nonprofit organization, of not less than 400 acres with facilities including a grandstand with a seating capacity of at least 8,000 people, at least one exhibition hall greater than 100,000 square feet, and at least four exhibition halls, each greater than 30,000 square feet, located in the City of Pomona or the City of La Verne in Los Angeles County. -(K) An outdoor soccer stadium with a fixed seating capacity of at least 25,000 seats, an outdoor tennis stadium with a fixed capacity of at least 7,000 seats, an outdoor track and field facility with a fixed seating capacity of at least 7,000 seats, and an indoor velodrome with a fixed seating capacity of at least 2,000 seats, all located within a sports and athletic complex built before January 1, 2005, in the City of Carson in Los Angeles County. -(L) An outdoor professional sports facility with a fixed seating capacity of at least 4,200 seats located in San Joaquin County. -(M) A fully enclosed arena with a fixed seating capacity in excess of 13,000 seats in the City of Inglewood. -(N) (i) An outdoor stadium with a fixed seating capacity of at least 68,000 seats located in the City of Santa Clara. -(ii) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, a major tenant of an outdoor stadium described in clause (i), provided the major tenant does not hold a retail license, and the advertising may include the placement of advertising in an on-sale licensed premises operated at the outdoor stadium. -(O) A fairgrounds with a horse racetrack and equestrian and sports facilities located in San Diego County. -(2) The outdoor stadium or fully enclosed arena described in paragraph (1) is not owned by a community college district. -(3) The advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned by the on-sale licensee. With respect to an exposition park as described in subparagraph (J) of paragraph (1) that includes at least one hotel, the advertising space or time shall not be displayed on or in any hotel located in the exposition park, or purchased in connection with the operation of any hotel located in the exposition park. -(4) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced by the winegrower, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits rectifier, the distilled spirits manufacturer or the distilled spirits manufacturer’s agent that purchased the advertising space or time. -(b) Any purchase of advertising space or time pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent and the on-sale licensee, or with respect to clause (ii) of subparagraph (N) of paragraph (1) of subdivision (a), the major tenant of the outdoor stadium. -(c) Any beer manufacturer or holder of a winegrower’s license, any distilled spirits rectifier, any distilled spirits manufacturer, or any distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill all or part of those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space, time, or costs involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. -(d) Any on-sale retail licensee, as described in subdivision (a), who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, a holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space or time pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. -(e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. -SEC. 1.5. -Section 25503.6 of the Business and Professions Code is amended to read: -25503.6. -(a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to all of the following conditions: -(1) The on-sale licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or the major tenant of the owner of any of the following: -(A) An outdoor stadium or a fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in Sacramento County or Alameda County. -(B) A fully enclosed arena with a fixed seating capacity in excess of 18,000 seats located in Orange County or Los Angeles County. -(C) An outdoor stadium or fully enclosed arena with a fixed seating capacity in excess of 8,500 seats located in Kern County. -(D) An exposition park of not less than 50 acres that includes an outdoor stadium with a fixed seating capacity in excess of 8,000 seats and a fully enclosed arena with an attendance capacity in excess of 4,500 people, located in San Bernardino County. -(E) An outdoor stadium with a fixed seating capacity in excess of 10,000 seats located in Yolo County. -(F) An outdoor stadium and a fully enclosed arena with fixed seating capacities in excess of 10,000 seats located in Fresno County. -(G) An athletic and entertainment complex of not less than 50 acres that includes within its boundaries an outdoor stadium with a fixed seating capacity of at least 8,000 seats and a second outdoor stadium with a fixed seating capacity of at least 3,500 seats located in Riverside County. -(H) An outdoor stadium with a fixed seating capacity in excess of 1,500 seats located in Tulare County. -(I) A motorsports entertainment complex of not less than 50 acres that includes within its boundaries an outdoor speedway with a fixed seating capacity of at least 50,000 seats, located in San Bernardino County. -(J) An exposition park, owned or operated by a bona fide nonprofit organization, of not less than 400 acres with facilities including a grandstand with a seating capacity of at least 8,000 people, at least one exhibition hall greater than 100,000 square feet, and at least four exhibition halls, each greater than 30,000 square feet, located in the City of Pomona or the City of La Verne in Los Angeles County. -(K) An outdoor soccer stadium with a fixed seating capacity of at least 25,000 seats, an outdoor tennis stadium with a fixed capacity of at least 7,000 seats, an outdoor track and field facility with a fixed seating capacity of at least 7,000 seats, and an indoor velodrome with a fixed seating capacity of at least 2,000 seats, all located within a sports and athletic complex built before January 1, 2005, in the City of Carson in Los Angeles County. -(L) An outdoor professional sports facility with a fixed seating capacity of at least 4,200 seats located in San Joaquin County. -(M) A fully enclosed arena with a fixed seating capacity in excess of 13,000 seats in the City of Inglewood. -(N) (i) An outdoor stadium with a fixed seating capacity of at least 68,000 seats located in the City of Santa Clara. -(ii) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, a major tenant of an outdoor stadium described in clause (i), provided the major tenant does not hold a retail license, and the advertising may include the placement of advertising in an on-sale licensed premises operated at the outdoor stadium. -(O) A complex of not more than 50 acres located on the campus of, and owned by, Sonoma State University dedicated to presenting live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances with venues that include a concert hall with a seating capacity of approximately 1,500 seats, a second concert hall with a seating capacity of up to 300 seats, an outdoor area with a seating capacity of up to 5,000 seats, and a further outdoor area with a seating capacity of up to 10,000 seats. With respect to this complex, advertising space and time may also be purchased from or on behalf of the owner of the complex, a long-term tenant or licensee of the venue, whether or not the owner, long-term tenant, or licensee holds an on-sale license. -(P) A fairgrounds with a horse racetrack and equestrian and sports facilities located in San Diego County. -(2) The outdoor stadium or fully enclosed arena described in paragraph (1) is not owned by a community college district. -(3) The advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned by the on-sale licensee. With respect to an exposition park as described in subparagraph (J) of paragraph (1) that includes at least one hotel, the advertising space or time shall not be displayed on or in any hotel located in the exposition park, or purchased in connection with the operation of any hotel located in the exposition park. With respect to the complex described in subparagraph (O) of paragraph (1), the advertising space or time shall be purchased only in connection with live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances to be held on the premises of the complex. -(4) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced by the winegrower, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent that purchased the advertising space or time. -(b) Any purchase of advertising space or time pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent and any of the following: -(1) The on-sale licensee. -(2) With respect to clause (ii) of subparagraph (N) of paragraph (1) of subdivision (a), the major tenant of the outdoor stadium. -(3) With respect to subparagraph (O) of paragraph (1) of subdivision (a), the owner, a long-term tenant of the complex, or licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license. -(c) Any beer manufacturer or holder of a winegrower’s license, any distilled spirits rectifier, any distilled spirits manufacturer, or any distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill all or part of those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space, time, or costs involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. -(d) Any on-sale retail licensee, as described in subdivision (a), who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, a holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space or time pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. -(e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. -(f) The Legislature finds that it is necessary and proper to require a separation among manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition and intends that this section be construed accordingly. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique conditions located in the County of San Diego. -SEC. 3. -Section 1.5 of this bill incorporates amendments to Section 25503.6 of the Business and Professions Code proposed by this bill and Senate Bill 462. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 25503.6 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 462, in which case Section 25503.6 of the Business and Professions Code, as amended by Senate Bill 462, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes the holder of a winegrower’s license, a beer manufacturer, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent, to purchase advertising space and time from, or on behalf of, an on-sale retail licensee, under certain conditions, if the on-sale retail licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or major tenant of specified facilities. -This bill would expand the exceptions to existing law to allow beer manufacturers, winegrowers, distilled spirits rectifiers, distilled spirits manufacturers, or distilled spirits manufacturer’s agents to purchase advertising space and time from, or on behalf of, on-sale retail licensees at a fairgrounds with a horse racetrack and equestrian and sports facilities located in the County of San Diego. -By creating new crimes this bill would impose a state-mandated local program. -This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego. -This bill would incorporate changes to Section 25503.6 of the Business and Professions Code proposed by both this bill and SB 462, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 25503.6 of the Business and Professions Code, relating to alcoholic beverages." -165,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 30 of the Business and Professions Code is amended to read: -30. -(a) (1) Notwithstanding any other law, any board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicant’s social security number for all other applicants. -(2) No later than January 1, 2016, in accordance with Section 135.5, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for purposes of this subdivision. -(b) A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code. -(c) In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application. -(d) A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee: -(1) Name. -(2) Address or addresses of record. -(3) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees. -(4) Type of license. -(5) Effective date of license or a renewal. -(6) Expiration date of license. -(7) Whether license is active or inactive, if known. -(8) Whether license is new or a renewal. -(e) For the purposes of this section: -(1) “Licensee” means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. -(2) “License” includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. -(3) “Licensing board” means any board, as defined in Section 22, the State Bar, and the Bureau of Real Estate. -(f) The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable. -(g) Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require. -(h) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection. -(i) A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided in this section to the Franchise Tax Board or the Employment Development Department or as provided in subdivision (k). -(j) It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws and for purposes of compliance with Section 17520 of the Family Code and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes. -(k) If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status. -(l) For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, “licensee” means an entity that is issued a license by any board, as defined in Section 22, the State Bar, the Bureau of Real Estate, and the Department of Motor Vehicles. -SEC. 2. -Section 7011.4 of the Business and Professions Code is amended to read: -7011.4. -(a) Notwithstanding Section 7011, there is in the Contractors’ State License Board, a separate enforcement division that shall rigorously enforce this chapter prohibiting all forms of unlicensed activity and shall enforce the obligation to secure the payment of valid and current workers’ compensation insurance in accordance with Section 3700.5 of the Labor Code. -(b) Persons employed as enforcement representatives of the Contractors’ State License Board and designated by the Director of Consumer Affairs shall have the authority to issue a written notice to appear in court pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. An employee so designated is not a peace officer and is not entitled to safety member retirement benefits as a result of that designation. He or she does not have the power of arrest. -(c) When participating in the activities of the Joint Enforcement Strike Force on the Underground Economy pursuant to Section 329 of the Unemployment Insurance Code, the enforcement division shall have free access to all places of labor. -SEC. 3. -Section 7125.4 of the Business and Professions Code is amended to read: -7125.4. -(a) The filing of the exemption certificate prescribed by this article that is false, or the employment of a person subject to coverage under the workers’ compensation laws after the filing of an exemption certificate without first filing a Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance in accordance with the provisions of this article, or the employment of a person subject to coverage under the workers’ compensation laws without maintaining coverage for that person, constitutes cause for disciplinary action. -(b) Any qualifier for a license who, under Section 7068.1, is responsible for assuring that a licensee complies with the provisions of this chapter is also guilty of a misdemeanor for committing or failing to prevent the commission of any of the acts that are cause for disciplinary action under this section.","(1) Existing law provides for the licensure and regulation of various professions and vocations and creates boards, commissions, and bureaus, among other entities, in the Department of Consumer Affairs to this end. The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California. Existing law requires a licensing board, as defined, including the State Bar, to provide specified personal information regarding licensees to the Franchise Tax Board in a prescribed form and at a time the Franchise Tax Board may require. Existing law creates within the Labor and Workforce Development Agency the Employment Development Department, which administers the unemployment compensation program. -This bill would additionally require a licensing board to submit personal information regarding licensees, described above, to the Employment Development Department. -(2) The Contractors’ State License Law provides for the licensure and regulation of contractors by the Contractors’ State License Board within the Department of Consumer Affairs. The act establishes an enforcement division within the board that is required to enforce prohibitions against all forms of unlicensed activity, as specified. -This bill would authorize the enforcement division to additionally enforce the obligation to secure the payment of valid and current workers’ compensation insurance, as specified.","An act to amend Sections 30, 7011.4, and 7125.4 of the Business and Professions Code, relating to professions and vocations." -166,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The City of Long Beach has experienced an increasing demand to fund infrastructure repairs, replacements, and new improvements. -(b) The existing civic center is nearing the end of its useful life and contains significant seismic deficiencies that the City of Long Beach seeks to address as soon as feasibly possible to ensure the public’s health and safety. -(c) The City of Long Beach City Council seeks to address public health and safety in the earliest possible timeframe and understands that the development of a new Long Beach Civic Center using the public-private partnership procurement process presents the most expedient route to protecting the safety of its employees in and visitors to the civic center. -(d) The public-private partnership procurement process has demonstrated precedence for the expedient, efficient, and economical delivery of projects, through the delivery of the Governor George Deukmejian Courthouse in the City of Long Beach, which was completed under budget and ahead of schedule. -(e) The ability to utilize private sector investment capital is essential to the timely development of a cost-effective and long-lasting Long Beach Civic Center. -(f) A public-private partnership procurement method provides the City of Long Beach with an alternative and optional procedure for developing a new civic center that can provide a cost-effective benefit to the City of Long Beach by shifting the liability and risk for cost containment, project completion, and life-cycle maintenance to a private entity. -SEC. 2. -Chapter 15 (commencing with Section 5975) is added to Division 6 of Title 1 of the Government Code, to read: -CHAPTER 15. Long Beach Civic Center -5975. -As used in this chapter: -(a) “Best interests of the city” means a procurement process that is determined by the city to provide the best value and an expedited delivery schedule while maintaining a high level of quality workmanship and materials. -(b) “Best value” means a value determined by objective criteria that shall include a combination of price, financing costs, features, functions, performance, life-cycle maintenance costs and abatement offsets, and development experience. -(c) “Business entity” means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, engineering, financial, operations, management, facilities maintenance, and other services for development of a new Long Beach Civic Center. -(d) “City” means the City of Long Beach and its departments, including the City of Long Beach Harbor Department. -(e) “Long Beach Civic Center” means the area bounded by Broadway, Pacific Avenue, Ocean Boulevard, and Magnolia Avenue, containing approximately 14.98 acres, and the parcel on the south side of 3rd Street between Pacific Avenue and Cedar Avenue, containing approximately 0.89 acres. -(f) “Private entity” means an individual, business entity, or combination of individuals and business entities. -(g) “Private portion of the project” means those parcels of land within the Long Beach Civic Center to be conveyed to a private entity and developed as residential, retail, hospitality, institutional, or industrial facilities. -(h) “Project” means the revitalization and redevelopment of the Long Beach Civic Center with a new city hall, port headquarters, public library, and public park, and residential, retail, hospitality, institutional, and industrial facilities. -(i) “Public portion of the project” means those parcels of land within the Long Beach Civic Center to be developed as a city hall, port headquarters, public park, public library, or other government facilities. -(j) “Public-private partnership” means a cooperative arrangement between the public and private sectors, built on the expertise of each partner, that best meets the city’s needs through the appropriate allocation of resources, risks, and rewards for the purposes of, and, including, but not limited to, studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project. -5976. -(a) The city may contract and procure the project pursuant to this chapter. -(b) The city shall evaluate the project proposals it solicits and receives and choose the private entity or entities whose proposal is, or proposals are, judged as providing the best value in meeting the best interests of the city. The city may enter into a public-private partnership through a concession agreement, design-build agreement, design-build-finance agreement, project agreement, lease-leaseback, or other appropriate agreements combining one or more major elements of the foregoing agreements, with one or more private entities for delivery of the project. The city shall retain the right to terminate the project prior to project award should the city determine that the project is not in the best interests of the city or should the negotiations with the private entity or entities otherwise fail. -(c) The contract award for the project shall be made to the private entity or entities whose proposal or proposals are determined by the city, in writing, to be the most advantageous by providing the best value in meeting the best interests of the city. -(d) The negotiation process shall specifically prohibit practices that may result in unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit city employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this chapter that would subject those employees to the prohibition of Section 87100. -(e) All documents related to the project shall be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7), except those exempted from disclosure under that act. -5977. -(a) The project is subject to compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). Neither the act of selecting a private entity, nor the execution of an agreement with the private entity, shall require prior compliance with the act. However, appropriate compliance with the act shall thereafter occur before project construction commences. -(b) The public portion of the project, at all times, shall be owned by the city, unless the city, in its discretion, elects to provide for ownership of the project by the private entity through a separate lease agreement. Notwithstanding Section 5956.6 or any other provision of this code, the agreement shall provide for the lease of all or a portion of the project to, or ownership by, the private entity or entities, for a term up to 50 years. In consideration therefor, the agreement shall provide for complete reversion of the public portion of the project to the city at the expiration of the lease or transfer term. -(c) The private portion of the project shall not be financed or developed by the public-private partnership or otherwise using public or tax-exempt financing. -(d) The plans and specifications for the project shall comply with all applicable governmental design standards for that particular infrastructure project. The private entity studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project shall utilize private sector firms for studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project. However, a facility subject to this chapter and leased to a private entity, during the term of the lease, shall be deemed to be public property for purposes of identification, maintenance, enforcement of laws, and for purposes of Division 3.6 (commencing with Section 810). All public works constructed pursuant to this chapter shall comply with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. -(e) This chapter shall not be construed to authorize the city to use tidelands trust revenues that are subject to Section 6306 of the Public Resources Code or any other applicable granting statute for general municipal purposes or any other purpose unconnected with the public trust. -5978. -The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. -5979. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique and special circumstances surrounding the existing Long Beach Civic Center, and the need to immediately, quickly, and efficiently develop the project, and to resolve property issues potentially delaying the project.","The Local Agency Public Construction Act prescribes procedures for contracting by local public agencies, including specific provisions for cities. -Existing law permits a governmental agency to solicit proposals and enter into agreements with private entities for the design, construction, or reconstruction by, and may lease to, private entities, for specified types of fee-producing infrastructure projects. Existing law permits these agreements to provide for the lease of, or ownership of, infrastructure facilities owned by a governmental entity, but constructed by a private entity, to that private entity for a period of up to 35 years. -This bill, notwithstanding the act and any other law, would authorize the City of Long Beach to contract and procure a project for the revitalization and redevelopment of the Long Beach Civic Center, as defined, in accordance with prescribed procedures for proposal evaluation and contract award. The bill would authorize the lease of all or a portion of the project to, or ownership by, a private entity or entities, for a term of up to 50 years. The bill would make a statement that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique and special circumstances surrounding the existing Long Beach Civic Center, and the need to immediately, quickly, and efficiently develop the project, and to resolve property issues potentially delaying the project.","An act to add Chapter 15 (commencing with Section 5975) to Division 6 of Title 1 of the Government Code, relating to infrastructure financing." -167,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4610 of the Labor Code is amended to read: -4610. -(a) For purposes of this section, “utilization review” means utilization review or utilization management functions that prospectively, retrospectively, or concurrently review and approve, modify, delay, or deny, based in whole or in part on medical necessity to cure and relieve, treatment recommendations by physicians, as defined in Section 3209.3, prior to, retrospectively, or concurrent with the provision of medical treatment services pursuant to Section 4600. -(b) Every employer shall establish a utilization review process in compliance with this section, either directly or through its insurer or an entity with which an employer or insurer contracts for these services. -(c) Each utilization review process shall be governed by written policies and procedures. These policies and procedures shall ensure that decisions based on the medical necessity to cure and relieve of proposed medical treatment services are consistent with the schedule for medical treatment utilization adopted pursuant to Section 5307.27. These policies and procedures, and a description of the utilization process, shall be filed with the administrative director and shall be disclosed by the employer to employees, physicians, and the public upon request. -(d) If an employer, insurer, or other entity subject to this section requests medical information from a physician in order to determine whether to approve, modify, delay, or deny requests for authorization, the employer shall request only the information reasonably necessary to make the determination. The employer, insurer, or other entity shall employ or designate a medical director who holds an unrestricted license to practice medicine in this state issued pursuant to Section 2050 or 2450 of the Business and Professions Code. The medical director shall ensure that the process by which the employer or other entity reviews and approves, modifies, delays, or denies requests by physicians prior to, retrospectively, or concurrent with the provision of medical treatment services, complies with the requirements of this section. Nothing in this section shall be construed as restricting the existing authority of the Medical Board of California. -(e) (1) No person other than a licensed physician who is competent to evaluate the specific clinical issues involved in the medical treatment services, and where these services are within the scope of the physician’s practice, requested by the physician may modify, delay, or deny requests for authorization of medical treatment for reasons of medical necessity to cure and relieve. -(2) (A) The employer, or any entity conducting utilization review on behalf of the employer, shall neither offer nor provide any financial incentive or consideration to a physician based on the number of modifications, delays, or denials made by the physician under this section. -(B) An insurer or third-party administrator shall not refer utilization review services conducted on behalf of an employer under this section to an entity in which the insurer or third-party administrator has a financial interest as defined under Section 139.32. This prohibition does not apply if the insurer or third-party administrator provides the employer with prior written disclosure of both of the following: -(i) The entity conducting the utilization review services. -(ii) The insurer or third-party administrator’s financial interest in the entity. -(3) The administrative director has authority pursuant to this section to review any compensation agreement, payment schedule, or contract between the employer, or any entity conducting utilization review on behalf of the employer, and the utilization review physician. Any information disclosed to the administrative director pursuant to this paragraph shall be considered confidential information and not subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government -Code) unless the division can demonstrate that the information was in the public domain at the time it was disclosed or has entered the public domain through no fault of the division. -Code). -Disclosure of the information to the administrative director pursuant to this subdivision shall not waive the provisions of the Evidence Code relating to privilege. -(f) The criteria or guidelines used in the utilization review process to determine whether to approve, modify, delay, or deny medical treatment services shall be all of the following: -(1) Developed with involvement from actively practicing physicians. -(2) Consistent with the schedule for medical treatment utilization adopted pursuant to Section 5307.27. -(3) Evaluated at least annually, and updated if necessary. -(4) Disclosed to the physician and the employee, if used as the basis of a decision to modify, delay, or deny services in a specified case under review. -(5) Available to the public upon request. An employer shall only be required to disclose the criteria or guidelines for the specific procedures or conditions requested. An employer may charge members of the public reasonable copying and postage expenses related to disclosing criteria or guidelines pursuant to this paragraph. Criteria or guidelines may also be made available through electronic means. No charge shall be required for an employee whose physician’s request for medical treatment services is under review. -(g) In determining whether to approve, modify, delay, or deny requests by physicians prior to, retrospectively, or concurrent with the provisions of medical treatment services to employees all of the following requirements shall be met: -(1) Prospective or concurrent decisions shall be made in a timely fashion that is appropriate for the nature of the employee’s condition, not to exceed five working days from the receipt of the information reasonably necessary to make the determination, but in no event more than 14 days from the date of the medical treatment recommendation by the physician. In cases where the review is retrospective, a decision resulting in denial of all or part of the medical treatment service shall be communicated to the individual who received services, or to the individual’s designee, within 30 days of receipt of information that is reasonably necessary to make this determination. If payment for a medical treatment service is made within the time prescribed by Section 4603.2, a retrospective decision to approve the service need not otherwise be communicated. -(2) When the employee’s condition is such that the employee faces an imminent and serious threat to his or her health, including, but not limited to, the potential loss of life, limb, or other major bodily function, or the normal timeframe for the decisionmaking process, as described in paragraph (1), would be detrimental to the employee’s life or health or could jeopardize the employee’s ability to regain maximum function, decisions to approve, modify, delay, or deny requests by physicians prior to, or concurrent with, the provision of medical treatment services to employees shall be made in a timely fashion that is appropriate for the nature of the employee’s condition, but not to exceed 72 hours after the receipt of the information reasonably necessary to make the determination. -(3) (A) Decisions to approve, modify, delay, or deny requests by physicians for authorization prior to, or concurrent with, the provision of medical treatment services to employees shall be communicated to the requesting physician within 24 hours of the decision. Decisions resulting in modification, delay, or denial of all or part of the requested health care service shall be communicated to physicians initially by telephone or facsimile, and to the physician and employee in writing within 24 hours for concurrent review, or within two business days of the decision for prospective review, as prescribed by the administrative director. If the request is not approved in full, disputes shall be resolved in accordance with Section 4610.5, if applicable, or otherwise in accordance with Section 4062. -(B) In the case of concurrent review, medical care shall not be discontinued until the employee’s physician has been notified of the decision and a care plan has been agreed upon by the physician that is appropriate for the medical needs of the employee. Medical care provided during a concurrent review shall be care that is medically necessary to cure and relieve, and an insurer or self-insured employer shall only be liable for those services determined medically necessary to cure and relieve. If the insurer or self-insured employer disputes whether or not one or more services offered concurrently with a utilization review were medically necessary to cure and relieve, the dispute shall be resolved pursuant to Section 4610.5, if applicable, or otherwise pursuant to Section 4062. Any compromise between the parties that an insurer or self-insured employer believes may result in payment for services that were not medically necessary to cure and relieve shall be reported by the insurer or the self-insured employer to the licensing board of the provider or providers who received the payments, in a manner set forth by the respective board and in such a way as to minimize reporting costs both to the board and to the insurer or self-insured employer, for evaluation as to possible violations of the statutes governing appropriate professional practices. No fees shall be levied upon insurers or self-insured employers making reports required by this section. -(4) Communications regarding decisions to approve requests by physicians shall specify the specific medical treatment service approved. Responses regarding decisions to modify, delay, or deny medical treatment services requested by physicians shall include a clear and concise explanation of the reasons for the employer’s decision, a description of the criteria or guidelines used, and the clinical reasons for the decisions regarding medical necessity. If a utilization review decision to deny or delay a medical service is due to incomplete or insufficient information, the decision shall specify the reason for the decision and specify the information that is needed. -(5) If the employer, insurer, or other entity cannot make a decision within the timeframes specified in paragraph (1) or (2) because the employer or other entity is not in receipt of all of the information reasonably necessary and requested, because the employer requires consultation by an expert reviewer, or because the employer has asked that an additional examination or test be performed upon the employee that is reasonable and consistent with good medical practice, the employer shall immediately notify the physician and the employee, in writing, that the employer cannot make a decision within the required timeframe, and specify the information requested but not received, the expert reviewer to be consulted, or the additional examinations or tests required. The employer shall also notify the physician and employee of the anticipated date on which a decision may be rendered. Upon receipt of all information reasonably necessary and requested by the employer, the employer shall approve, modify, or deny the request for authorization within the timeframes specified in paragraph (1) or (2). -(6) A utilization review decision to modify, delay, or deny a treatment recommendation shall remain effective for 12 months from the date of the decision without further action by the employer with regard to any further recommendation by the same physician for the same treatment unless the further recommendation is supported by a documented change in the facts material to the basis of the utilization review decision. -(7) Utilization review of a treatment recommendation shall not be required while the employer is disputing liability for injury or treatment of the condition for which treatment is recommended pursuant to Section 4062. -(8) If utilization review is deferred pursuant to paragraph (7), and it is finally determined that the employer is liable for treatment of the condition for which treatment is recommended, the time for the employer to conduct retrospective utilization review in accordance with paragraph (1) shall begin on the date the determination of the employer’s liability becomes final, and the time for the employer to conduct prospective utilization review shall commence from the date of the employer’s receipt of a treatment recommendation after the determination of the employer’s liability. -(h) Every employer, insurer, or other entity subject to this section shall maintain telephone access for physicians to request authorization for health care services. -(i) If the administrative director determines that the employer, insurer, or other entity subject to this section has failed to meet any of the timeframes in this section, or has failed to meet any other requirement of this section, the administrative director may assess, by order, administrative penalties for each failure. A proceeding for the issuance of an order assessing administrative penalties shall be subject to appropriate notice to, and an opportunity for a hearing with regard to, the person affected. The administrative penalties shall not be deemed to be an exclusive remedy for the administrative director. These penalties shall be deposited in the Workers’ Compensation Administration Revolving Fund. -SEC. 2. -The Legislature finds and declares that Section 1 of this act, which amends Section 4610 of the Labor Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -The limitations on the people’s rights of access set forth in this act are necessary to protect the privacy and integrity of information submitted to the Administrative Director of the Division of Workers’ Compensation pursuant to paragraph (3) of subdivision (e) of Section 4610 of the Labor Code.","Existing law requires every employer, for purposes of workers’ compensation, to establish a utilization review process to prospectively, retrospectively, or concurrently review requests by physicians for authorization to provide recommended medical treatment to injured employees. Existing law establishes timeframes for an employer to make a determination regarding a physician’s request. Existing law requires the utilization review process to be governed by written policies and procedures, and requires that these policies and procedures be filed with the Administrative Director of the Division of Workers’ Compensation and disclosed by the employer to employees, physicians, and the public upon request. -This bill would prohibit the employer, or any entity conducting utilization review on behalf of the employer, from offering or providing any financial incentive or consideration to a physician based on the number of modifications, delays, or denials made by the physician. The bill would authorize the administrative director to review any compensation agreement, payment schedule, or contract between the employer, or any entity conducting utilization review on behalf of the employer, and the utilization review physician. The bill would make any information disclosed to the administrative director confidential and not subject to public disclosure, except as specified. -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to amend Section 4610 of the Labor Code, relating to workers’ compensation." -168,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 7.7 (commencing with Section 11795) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: -CHAPTER 7.7. Statewide Open Data Portal -11795. -For purposes of this chapter, the following terms have the following meanings: -(a) “Agency” means, but is not limited to, a state agency, authority, board, bureau, commission, council, department, division, or office. -(b) “Data set” means any information comprising a collection of information held in electronic form where all or most of the information in the collection has been obtained or recorded for the purpose of providing an agency with information in connection with the provision of a service by the agency or the carrying out of any other function of the agency, is factual information that is not the product of analysis or interpretation other than calculation, and remains presented in a way that has not been organized, adapted, or otherwise materially altered since it was obtained or recorded. -(c) “Inventory” means a summary listing of all available data sets within an agency. The listing shall include, but is not limited to, a descriptive title of the data set as well as a brief informative description of what information may be found within the data set. -(d) “Open data roadmap” means a strategic plan describing the process by which 100 percent of the data held by an agency will be made publicly available, subject to any state or federal law or regulation relating to privacy. The roadmap shall include, but is not limited to, an agency’s data inventory, a proposed timeline for the release of data sets on a statewide or agency basis, and a methodology for compliance with any state or federal law or regulation relating to privacy. -(e) “Statewide open data portal” means a centralized data Internet Web site, with the ability to display and export data published from -state -agencies. For purposes of this chapter, data.ca.gov may be utilized as the statewide open data portal. -11795.1. -(a) There is in state government an executive officer known as the Chief Data Officer, who shall report to the Secretary of Government Operations. -(b) On or before June 1, 2016, a Chief Data Officer shall be appointed by the Governor, subject to Senate confirmation. -(c) (1) On or before October 1, 2016, the Chief Data Officer shall create an inventory of all available data in this state. -(2) (A) On or before January 1, 2017, the Chief Data Officer shall, in cooperation with the Department of Technology, create a statewide open data portal that is accessible to the public. The Chief Data Officer may elect to utilize data.ca.gov to satisfy the requirements of this section. -(B) The Chief Data Officer shall publish a listing of all data that may be provided to the public, subject to any state or federal privacy laws or regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg). -(C) The Chief Data Officer shall, after each agency assesses its data inventory, create a statewide open data roadmap and shall publish the open data roadmap on the statewide open data portal. -(D) On or before June 1, 2017, the Chief Data Officer shall ensure that at least 150 data sets have been published on the statewide open data portal. -(E) The statewide open data portal shall include a link to the Internet Web site of any agency that publishes its data on that site pursuant to subparagraph (B) of paragraph (3) of subdivision (f), including a link to any existing open data Internet Web site, including, but not limited to, https://bythenumbers.sco.ca.gov/ and https://chhs.data.ca.gov/. -(F) The Chief Data Officer shall make the statewide open data portal available to any city, county, city and county, district, or other local agency interested in using the statewide open data portal to publish its own data. Any data published by a city, county, city and county, district, or other local agency shall comply with all state or federal privacy laws or regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg). -(3) Notwithstanding Section 10231.5, on or before January 1, 2018, and each year thereafter, the Chief Data Officer shall publish a progress report for open data within the state. The progress report shall include, but is not limited to, an assessment of outcomes from the implementation of this section, innovation of the statewide open data portal, whether there has been any cost savings as a result of implementation of this section, and an assessment of agency collaboration. -(d) On or before January 1, 2017, in consultation with the Attorney General, the Chief Data Officer shall publish a set of guidelines for use by each agency. The guidelines shall include, but are not limited to, definitions and assessments of security, privacy, and legal concerns related to the creation of an inventory and publication of data. -(e) On or before October 1, 2016, the Chief Data Officer shall create an open data working group. The open data working group shall consist of state agencies’ data coordinators, appointed pursuant to paragraph (1) of subdivision (f), and shall be headed by the Chief Data Officer. The open data working group shall meet at least quarterly, and shall do, but is not limited to, all of the following: -(1) Assess progress on the open data roadmap. -(2) Discuss and recommend statewide policies and guidelines. -(3) Share best practices across agencies. -(4) Coordinate data sharing between agencies. -(f) (1) On or before August 1, 2016, state agencies identified by the Chief Data Officer shall appoint a data coordinator who shall be responsible for compliance with this chapter. The data coordinator may appoint a data steward for each data set the agency intends to publish. -(2) On or before October 1, 2016, each agency shall identify any data set within the agency and shall transmit the inventory to the Chief Data Officer in the form he or she prescribes. -(3) (A) On or before November 1, 2016, each agency shall create a plan for publication of any inventory that may be published. -(B) The agency shall publish its inventory on the statewide open data portal and may additionally publish its inventory on its own Internet Web site. If the agency chooses to publish the inventory on its own Internet Web site, the agency shall include on that site a link to the statewide open data -portal site. -portal. -(C) Any inventory published by an agency shall comply with all state and federal privacy laws and regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg). -(g) Agencies are authorized to apply for and accept public, private, and not-for-profit funding for the purpose of developing, implementing, or managing the statewide open data portal infrastructure and software pursuant to this chapter. These funds shall be expended for this purpose upon appropriation by the Legislature. -11795.2. -This chapter shall not affect the obligation of an agency to provide any notice or information to the public under any other law.","Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. The act declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. Existing law also requires every public agency to comply with the California Public Records Act and with any subsequent statutory enactment amending the act, or enacting or amending any successor act. -This bill would require a Chief Data Officer to be appointed by the Governor, on or before July 1, 2016, subject to Senate confirmation. The Chief Data Officer would report to the Secretary of Government Operations. The bill would require the Chief Data Officer to, among other things, create the statewide open data portal, as defined, to provide public access to data sets from agencies within the state. The bill would require each agency, as defined, to publish a summary listing of all of its available data sets on the portal. The bill would also require state agencies identified by the Chief Data Officer to appoint a data coordinator who would be responsible for compliance with these provisions. The bill would require any data published on the statewide open data portal or other open data portal operated by an agency to comply with all state and federal privacy laws and regulations. -The bill would prohibit these provisions from affecting the obligation of an agency to provide notices or information to the public.","An act to add Chapter 7.7 (commencing with Section 11795) to Part 1 of Division 3 of Title 2 of the Government Code, relating to state government." -169,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 230.8 of the Labor Code is amended to read: -230.8. -(a) (1) An employer who employs 25 or more employees working at the same location shall not discharge or in any way discriminate against an employee who is a parent of one or more children of the age to attend kindergarten or grades 1 to 12, inclusive, or a licensed child care provider, for taking off up to 40 hours each year, for the purpose of either of the following child-related activities: -(A) To find, enroll, or reenroll his or her child in a school or with a licensed child care provider, or to participate in activities of the school or licensed child care provider of his or her child, if the employee, prior to taking the time off, gives reasonable notice to the employer of the planned absence of the employee. Time off pursuant to this subparagraph shall not exceed eight hours in any calendar month of the year. -(B) To address a child care provider or school emergency, if the employee gives notice to the employer. -(2) If more than one parent of a child is employed by the same employer at the same worksite, the entitlement under paragraph (1) of a planned absence as to that child applies, at any one time, only to the parent who first gives notice to the employer, such that another parent may take a planned absence simultaneously as to that same child under the conditions described in paragraph (1) only if he or she obtains the employer’s approval for the requested time off. -(b) (1) The employee shall utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence authorized by this section, unless otherwise provided by a collective bargaining agreement entered into before January 1, 1995, and in effect on that date. An employee also may utilize time off without pay for this purpose, to the extent made available by his or her employer. The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition that is agreed to on or after January 1, 1995. -(2) Notwithstanding paragraph (1), in the event that all permanent, full-time employees of an employer are accorded vacation during the same period of time in the calendar year, an employee of that employer may not utilize that accrued vacation benefit at any other time for purposes of the planned absence authorized by this section. -(c) The employee, if requested by the employer, shall provide documentation from the school or licensed child care provider as proof that he or she engaged in child-related activities permitted in subdivision (a) on a specific date and at a particular time. For purposes of this subdivision, “documentation” means whatever written verification of parental participation the school or licensed child care provider deems appropriate and reasonable. -(d) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in terms and conditions of employment by his or her employer because the employee has taken time off to engage in child-related activities permitted in subdivision (a) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law shall be subject to a civil penalty in an amount equal to three times the amount of the employee’s lost wages and work benefits. -(e) For purposes of this section, the following terms have the following meanings: -(1) “Parent” means a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child. -(2) “Child care provider or school emergency” means that an employee’s child cannot remain in a school or with a child care provider due to one of the following: -(A) The school or child care provider has requested that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or child care provider. -(B) Behavioral or discipline problems. -(C) Closure or unexpected unavailability of the school or child care provider, excluding planned holidays. -(D) A natural disaster, including, but not limited to, fire, earthquake, or flood. -SEC. 2. -Section 233 of the Labor Code is amended to read: -233. -(a) Any employer who provides sick leave for employees shall permit an employee to use in any calendar year the employee’s accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employee’s then current rate of entitlement, for the reasons specified in subdivision (a) of Section 246.5. This section does not extend the maximum period of leave to which an employee is entitled under Section 12945.2 of the Government Code or under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.), regardless of whether the employee receives sick leave compensation during that leave. -(b) As used in this section: -(1) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. -(2) “Family member” has the same meaning as defined in Section 245.5. -(3) (A) “Sick leave” means accrued increments of compensated leave provided by an employer to an employee as a benefit of the employment for use by the employee during an absence from the employment for any of the reasons specified in subdivision (a) of Section 246.5. -(B) “Sick leave” does not include any benefit provided under an employee welfare benefit plan subject to the federal Employee Retirement Income Security Act of 1974 (Public Law 93-406, as amended) and does not include any insurance benefit, workers’ compensation benefit, unemployment compensation disability benefit, or benefit not payable from the employer’s general assets. -(c) An employer shall not deny an employee the right to use sick leave or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to exercise the right to use, sick leave to attend to an illness or the preventive care of a family member, or for any other reason specified in subdivision (a) of Section 246.5. -(d) Any employee aggrieved by a violation of this section shall be entitled to reinstatement and actual damages or one day’s pay, whichever is greater, and to appropriate equitable relief. -(e) Upon the filing of a complaint by an employee, the Labor Commissioner shall enforce this section in accordance with Chapter 4 (commencing with Section 79) of Division 1, including, but not limited to, Sections 92, 96.7, 98, and 98.1 to 98.8, inclusive. Alternatively, an employee may bring a civil action for the remedies provided by this section in a court of competent jurisdiction. If the employee prevails, the court may award reasonable attorney’s fees. -(f) The rights and remedies specified in this section are cumulative and nonexclusive and are in addition to any other rights or remedies afforded by contract or under other law.","(1) Existing law prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, guardian, or grandparent having custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive, for taking off up to 40 hours each year for the purpose of participating in school activities, subject to specified conditions. Existing law requires an employee to provide documentation regarding these activities upon request by an employer and provides remedies to employees discharged, demoted, or in any other manner discriminated against as a result of his or her exercise of this right to take time off. -This bill would revise references to a child day care facility to instead refer to a child care provider. The bill would include the addressing of a child care provider emergency or a school emergency, as defined, and the finding, enrolling, or reenrolling of a child in a school or with a child care provider as activities for which a parent having custody of a child shall not be discriminated against or discharged, as described above. The bill would define “parent” for these purposes as a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child, thereby extending these protections to an employee who is a stepparent or foster parent or who stands in loco parentis to a child. -(2) Existing law requires an employer who provides sick leave for employees to permit an employee to use the employee’s accrued and available sick leave entitlement to attend to the illness of a child, parent, spouse, or domestic partner and prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to attend to such an illness. Existing law defines “sick leave” for these purposes as leave provided for use by the employee during an absence from employment for specified reasons, including, but not limited to, an employee’s inability to perform his or her duties due to illness, injury, or a medical condition of the employee. The Healthy Workplaces, Healthy Families Act of 2014 requires an employer, upon the request of an employee, to provide paid sick days for a victim of domestic violence or the diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s family member, which is defined as including, in addition to the above-described relatives, grandparents, grandchildren, and siblings. -This bill would instead require an employer to permit an employee to use sick leave for the purposes specified in the Healthy Workplaces, Healthy Families Act of 2014, would redefine “sick leave” as leave provided for use by the employee during an absence from employment for these purposes, and would prohibit an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave for these purposes.","An act to amend Sections 230.8 and 233 of the Labor Code, relating to employment." -170,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 54237 of the Government Code is amended to read: -54237. -(a) Notwithstanding Section 11011.1, an agency of the state disposing of surplus residential property shall do so in accordance with the following priorities and procedures: -(1) First, all single-family residences presently occupied by their former owners shall be offered to those former owners at the appraised fair market value. -(2) Second, all single-family residences shall be offered, pursuant to this article, to their present occupants who have occupied the property two years or more and who are persons and families of low or moderate income. -(3) Third, all single-family residences shall be offered, pursuant to this article, to their present occupants who have occupied the property five years or more and whose household income does not exceed 150 percent of the area median income. -(4) Fourth, a single-family residence shall not be offered, pursuant to this article, to present occupants who are not the former owners of the property if the present occupants have had an ownership interest in real property in the last three years. -(b) Single-family residences offered to their present occupants pursuant to paragraphs (2) and (3) of subdivision (a) shall be offered to those present occupants at an affordable price. The price shall not be less than the price paid by the agency for original acquisition, unless the acquisition price was greater than the current fair market value, and shall not be greater than fair market value. When a single-family residence is offered to present occupants at a price that is less than fair market value, the selling agency shall impose terms, conditions, and restrictions to ensure that the housing will remain available to persons and families of low or moderate income and households with incomes no greater than the incomes of the present occupants in proportion to the area median income. The Department of Housing and Community Development shall provide to the selling agency recommendations of standards and criteria for these prices, terms, conditions, and restrictions. The selling agency shall provide repairs required by lenders and government housing assistance programs, or, at the option of the agency, provide the present occupants with a replacement dwelling pursuant to Section 54237.5. -(c) If single-family residences are offered to their present occupants pursuant to paragraphs (2) and (3) of subdivision (a), the occupants shall certify their income and assets to the selling agency. When a single-family residence is offered to present occupants at a price that is less than fair market value, the selling agency may verify the certifications, in accordance with procedures utilized for verification of incomes of purchasers and occupants of housing financed by the California Housing Finance Agency and with regulations adopted for the verification of assets by the United States Department of Housing and Urban Development. The income and asset limitations and term of residency requirements of paragraphs (2) and (3) of subdivision (a) shall not apply to sales that are described as mitigation measures in an environmental study prepared pursuant to the Public Resources Code, if the study was initiated before this measure was enacted. -(d) All other surplus residential properties and all properties described in paragraphs (1), (2), and (3) of subdivision (a) that are not purchased by the former owners or the present occupants shall be then offered as follows: -(1) Except as required by paragraph (2), the property shall be offered to a housing-related private or public entity at a reasonable price, which is best suited to economically feasible use of the property as decent, safe, and sanitary housing at affordable rents and affordable prices for persons and families of low or moderate income, on the condition that the purchasing entity shall cause the property to be rehabilitated and used as follows: -(A) If the housing-related entity is a public entity, the entity shall dedicate profits realized from a subsequent sale, as specified in subdivision (b) of Section 54237.7, to the construction of affordable housing within Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. -(B) If the entity is a private housing-related entity or a housing-related public entity, the entity shall cause the property to be developed as limited equity cooperative housing with first right of occupancy to present occupants, except that where the development of cooperative or cooperatives is not feasible, the purchasing entity shall cause the property to be used for low and moderate income rental or owner-occupied housing, with first right of occupancy to the present tenants. The price of the property in no case shall be less than the price paid by the entity for original acquisition unless the acquisition price was greater than current fair market value and shall not be greater than fair market value. Subject to the foregoing, it shall be set at the level necessary to provide housing at affordable rents and affordable prices for present tenants and persons and families of low or moderate income. When residential property is offered at a price that is less than fair market value, the selling agency shall impose terms, conditions, and restrictions as will ensure that the housing will remain available to persons and families of low or moderate income. The Department of Housing and Community Development shall provide to the selling agency recommendations of standards and criteria for prices, terms, conditions, and restrictions. -(2) (A) If the property is a historic home, the property shall be offered first to a housing-related public entity subject to subparagraph (A) or (B) of paragraph (1) or to a nonprofit private entity dedicated to rehabilitating and maintaining the historic home for public and community access and use subject to subparagraph (B) of paragraph (1). -(B) For the purposes of this subdivision, “historic home” means single-family surplus residential property that is listed on, or for which an application has been filed for listing on, at least one of the following by January 1, 2015: -(i) The California Register of Historical Resources, as established pursuant to Article 2 (commencing with Section 5020) of Chapter 1 of Division 5 of the Public Resources Code. -(ii) The National Register of Historic Places, as established pursuant to Chapter 3021 of Title 54 of the United States Code. -(iii) The Ne=""margin:0 0 1em 0"" class=""ActionLine""> -SEC. 2. -Section 54237.7 of the Government Code is amended to read: -54237.7. -(a) Notwithstanding Section 183.1 of the Streets and Highways Code, the Department of Transportation shall deposit proceeds from the sale of surplus residential property from the department to a new owner pursuant to this article into the SR-710 Rehabilitation Account, which is hereby created. Notwithstanding Section 13340, funds in the account are hereby continuously appropriated to the department without regard to fiscal years for the purpose of providing repairs required pursuant to subdivision (b) of Section 54237. The total funds maintained in the account shall not exceed five hundred thousand dollars ($500,000). Funds exceeding that amount, less any reimbursements due to the federal government, shall be transferred to the State Highway Account in the State Transportation Fund to be used for allocation by the California Transportation Commission (commission) exclusively to fund projects located in Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. Projects shall be selected and prioritized by the affected communities in consultation with the Los Angeles County Metropolitan Transportation Authority, pursuant to guidelines developed by the commission. The Los Angeles County Metropolitan Transportation Authority shall submit a proposed program of projects and the commission shall have final authority to approve the projects. Eligible projects may include, but are not limited to: sound walls; transit and rail capital improvements; bikeways; pedestrian improvements; signal synchronization; left turn signals; and major street resurfacing, rehabilitation, and reconstruction. The funds shall not be used to advance or construct any proposed North State Route 710 tunnel. Any funds remaining in the SR-710 Rehabilitation Account on the date that final payment due for the last of the properties repaired has been made, less any reimbursements due to the federal government, shall be transferred to the State Highway Account in the State Transportation Fund, to be used exclusively for the purposes described in this section. -(b) Notwithstanding any other law, the net proceeds from a subsequent market sale of surplus residential property sold pursuant to this article at an affordable or reasonable price, as specified in regulations adopted by the department, shall be deposited into the Affordable Housing Trust Account, which is hereby created within the Housing Finance Fund and, notwithstanding Section 13340, continuously appropriated to the California Housing Finance Agency to carry out any activity authorized by Part 3 (commencing with Section 50900) of Division 31 of the Health and Safety Code for the benefit of persons and families of low and moderate income residing exclusively in Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. The priority for the distribution of proceeds from subsequent sales shall be established pursuant to regulations adopted by the department. -SEC. 3. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to affordable housing and surplus properties in the State Route 710 corridor. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to implement the sale of historic properties in the State Route 710 corridor, it is necessary that this act take effect immediately.","(1) Existing law declares the intent of the Legislature to preserve, upgrade, and expand the supply of housing to persons and families of low or moderate income, through the sale of specified surplus residential property owned by public agencies. Existing law establishes priorities and procedures that any state agency disposing of that surplus residential property is required to follow. Under existing law, specified single-family residences must first be offered to their former owners or present occupants, as specified. If the property is not sold to a former owner or present occupant, existing law requires that the property be offered to a housing-related private or public entity at a reasonable price for either limited equity cooperative housing or low and moderate income rental or owner-occupied housing, as specified. -This bill would authorize a local housing authority to purchase and rehabilitate surplus residential property within Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. The local housing authority would be required to dedicate any profits realized from a subsequent sale to the construction of affordable housing. The bill would also require that, prior to offering the property to a housing-related private or public entity as specified above, that property that is a historic home, as defined, be first offered to a housing-related public entity or a nonprofit private entity dedicated to rehabilitating and maintaining the historic home for public and community access and use. -(2) Existing law requires the Department of Transportation to deposit proceeds from sales of surplus residential property into the SR-710 Rehabilitation Account, a continuously appropriated fund, to be distributed, as specified, exclusively to fund projects located in Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. -This bill would specifically require the department to deposit proceeds from the sale of surplus residential property from the department to a new owner in the SR-710 Rehabilitation Account. This bill would establish the Affordable Housing Trust Account within the Housing Finance Fund and require the net proceeds from a subsequent market sale of surplus residential property sold pursuant to these provisions at an affordable or reasonable price, as specified, be deposited in this account. The bill would continuously appropriate funds in this account to the California Housing Finance Agency to carry out specified activities for the benefit of persons residing exclusively within Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. -(3) This bill would make legislative findings and declarations as to the necessity of a special statute for Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. -(4) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 54237 and 54237.7 of the Government Code, relating to surplus residential property, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately." -171,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 51 of the Revenue and Taxation Code is amended to read: -51. -(a) For purposes of subdivision (b) of Section 2 of Article XIII A of the California Constitution, for each lien date after the lien date in which the base year value is determined pursuant to Section 110.1, the taxable value of real property shall, except as otherwise provided in subdivision (b) or (c), be the lesser of: -(1) Its base year value, compounded annually since the base year by an inflation factor, which shall be determined as follows: -(A) For any assessment year commencing prior to January 1, 1985, the inflation factor shall be the percentage change in the cost of living, as defined in Section 2212. -(B) For any assessment year commencing after January 1, 1985, and prior to January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from December of the prior fiscal year to December of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. -(C) For any assessment year commencing on or after January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from October of the prior fiscal year to October of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. -(D) The percentage increase for any assessment year determined pursuant to subparagraph (A), (B), or (C) shall not exceed 2 percent of the prior year’s value. -(E) (i) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for an assessment year determined pursuant to subparagraph (A), (B), or (C) shall not apply to the principal place of -residence -residence, including the area of land surrounding it as is reasonably necessary for use of the dwelling as a home, -of a qualified taxpayer. -(ii) For purposes of this subparagraph, all of the following shall apply: -(I) “Qualified taxpayer” means a person who owns a dwelling as his or her principal place of residence who is 65 years of age or older on the lien date and satisfies either of the following: -(ia) If the qualified taxpayer is single, his or her annual household income, as defined in Section 20504, is twenty-five thousand dollars ($25,000) or less. -(ib) If the qualified taxpayer is married, -his or her -their -combined annual household income, as defined in Section 20504, is fifty thousand dollars ($50,000) or less. -(II) A qualified taxpayer who is 65 years of age or older includes a married couple, one member of which is 65 years of age or older on the lien date. -(III) When claiming the benefit provided by this subparagraph, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified taxpayer. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subparagraph. -(2) Its full cash value, as defined in Section 110, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, removal of property, or other factors causing a decline in value. -(b) If the real property was damaged or destroyed by disaster, misfortune, or calamity and the board of supervisors of the county in which the real property is located has not adopted an ordinance pursuant to Section 170, or any portion of the real property has been removed by voluntary action by the taxpayer, the taxable value of the property shall be the sum of the following: -(1) The lesser of its base year value of land determined under paragraph (1) of subdivision (a) or full cash value of land determined pursuant to paragraph (2) of subdivision (a). -(2) The lesser of its base year value of improvements determined pursuant to paragraph (1) of subdivision (a) or the full cash value of improvements determined pursuant to paragraph (2) of subdivision (a). -In applying this subdivision, the base year value of the subject real property does not include that portion of the previous base year value of that property that was attributable to any portion of the property that has been destroyed or removed. The sum determined under this subdivision shall then become the base year value of the real property until that property is restored, repaired, or reconstructed or other provisions of law require establishment of a new base year value. -(c) If the real property was damaged or destroyed by disaster, -misfortune -misfortune, -or calamity and the board of supervisors in the county in which the real property is located has adopted an ordinance pursuant to Section 170, the taxable value of the real property shall be its assessed value as computed pursuant to Section 170. -(d) For purposes of this section, “real property” means that appraisal unit that persons in the marketplace commonly buy and sell as a unit, or that is normally valued separately. -(e) Nothing in this section shall be construed to require the assessor to make an annual reappraisal of all assessable property. However, for each lien date after the first lien date for which the taxable value of property is reduced pursuant to paragraph (2) of subdivision (a), the value of that property shall be annually reappraised at its full cash value as defined in Section 110 until that value exceeds the value determined pursuant to paragraph (1) of subdivision (a). In no event shall the assessor condition the implementation of the preceding sentence in any year upon the filing of an assessment appeal. -SEC. 2. -Section 5813 of the Revenue and Taxation Code is amended to read: -5813. -(a) For each lien date after the lien date for which the base year value is determined, the taxable value of a manufactured home shall be the lesser of: -(1) Its base year value, compounded annually since the base year by an inflation factor, which shall be the percentage change in the cost of living, as defined in Section 51, -provided, -provided -that any percentage increase shall not exceed 2 percent of the prior year’s value; or -(2) Its full cash value, as defined in Section 5803, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, or other factors causing a decline in value; or -(3) If the manufactured home is damaged or destroyed by disaster, misfortune, or calamity, its value determined pursuant to paragraph (2) shall be its base year value until the manufactured home is restored, -repaired -repaired, -or reconstructed or other provisions of law require establishment of a new base year value. -(b) (1) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for an assessment year determined pursuant to paragraph (1) of subdivision (a) shall not apply to the principal place of residence of a qualified taxpayer. -(2) For purposes of this subdivision, all of the following shall apply: -(A) “Qualified taxpayer” means a person who owns a manufactured home as his or her principal place of residence who is 65 years of age or older on the lien date and satisfies either of the following: -(i) If the qualified taxpayer is single, his or her annual household income, as defined in Section 20504, is twenty-five thousand dollars ($25,000) or less. -(ii) If the qualified taxpayer is married, -his or her -their -combined annual household income, as defined in Section 20504, is fifty thousand dollars ($50,000) or less. -(B) A qualified taxpayer who is 65 years of age or older includes a married couple, one member of which is 65 years of age or older on the lien date. -(C) When claiming the benefit provided by this subdivision, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified taxpayer. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subdivision. -SEC. 3. -Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 5. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value, as defined, of that property, and provides that the full cash value base may be adjusted each year by an inflationary rate not to exceed 2% for any given year. Existing property tax law implementing this constitutional authority provides that the taxable value of real property is the lesser of its base year value compounded annually by the inflation factor not to exceed 2%, as provided, or its full cash value. Existing property tax law also provides that the taxable value of a manufactured home is the lesser of its base year value compounded annually by an inflation factor not to exceed 2% or its full cash value. -This bill would provide that the inflation factor shall not apply to the principal place of -residence -residence, as specified, -of a “qualified taxpayer,” defined by the bill to mean a person who owns a dwelling as his or her principal place of residence, or a person who owns a manufactured home as his or her principal place of residence, who is 65 years of age or older on the lien date who meets specified requirements. -By changing the manner in which local tax officials calculate the taxable value of real property owned by senior citizens, this bill would impose a state-mandated local program. -Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. -This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -This bill would take effect immediately as a tax levy.","An act to amend Sections 51 and 5813 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -172,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature hereby finds and declares all of the following: -(a) Tobacco use is the single most preventable cause of death and disease in California, claiming the lives of more than 40,000 people every year. California still has approximately 3.64 million adult smokers and 224,000 youth smokers. -(b) The inevitable health care costs of smoking come to almost $10 for every pack of cigarettes sold in California. -(c) Tobacco use costs Californians more than $13.29 billion in tobacco-related medical expenses every year. The cost of lost productivity due to tobacco use adds an additional estimated $10.35 billion to the annual economic consequences of smoking in California. -(d) The treatment of cancer, heart disease and stroke, lung disease, diabetes, and other diseases related to tobacco use continues to impose a significant burden upon California’s overstressed health care system, including publicly funded health care programs. -(e) In 2015–16, it is estimated that the General Fund cost of publicly funded health care programs to the state will be more than $18 billion. In 2015–16, it is estimated that publicly funded health care programs will provide health care coverage to more than 12 million Californians. At the same time, hundreds of thousands of families and children go without any medical coverage due to financial constraints upon the state and local government budgets and recent cutbacks in publicly funded health care programs. -(f) A recent cost-benefit analysis concluded that if states followed the United States Centers for Disease Control and Prevention’s Best Practices for Comprehensive Tobacco Control Programs 2007 funding guidelines, up to 14 to 20 times the cost of program implementation could be saved through reduced medical and productivity costs as well as reduced Medicaid costs. -(g) The California Tobacco Tax Act of 2015 will help fund the comprehensive California Tobacco Control Program designed to change social norms about tobacco and discourage individuals from taking up smoking and the use of other tobacco products through educational programs, thereby saving the state and local governments significant money now and in the future. -(h) Tobacco tax increases are an appropriate way to mitigate the impacts of tobacco-related diseases and improve existing programs providing for quality and access to health care services for families and children. -(i) An increase in the tobacco tax will have an immediate effect on smoking and is the most appropriate mechanism to fund services to prevent tobacco use, help people quit smoking, and discourage many people from taking up smoking. -(j) California taxes cigarettes at only $0.87 per pack, and ranks 33rd in tobacco tax rates, reflecting one of the lowest tobacco taxes in the United States. Thirty states have cigarette tax rates of $1 per pack or higher, and California is well below other west coast states (Washington: $3.025, Oregon: $1.31, and Arizona: $2). California last raised its tobacco tax in 1998. -(k) The burden of smoking is not equally shared across California populations and communities. Tobacco use rates are much higher than the general population in African Americans, white men, Korean men, enlisted military personnel, lesbian, gay, bisexual, and transgender, young adult, rural, and low-income populations. -(l) A reinvigorated tobacco control program will allow targeted public health and research efforts to combat the tobacco industry’s predatory marketing to ethnic groups, driving down smoking rates and ultimately reducing heart disease, stroke, lung disease, and cancer in these California communities, which together represent more than -half -one-half -of our state’s residents. -SEC. 2. -Section 30104 of the Revenue and Taxation Code is amended to read: -30104. -The taxes imposed by this part shall not apply to the sale of cigarettes or tobacco products by a distributor to a common carrier engaged in interstate or foreign passenger service or to a person authorized to sell cigarettes or tobacco products on the facilities of the carrier. Whenever cigarettes or tobacco products are sold by distributors to common carriers engaged in interstate or foreign passenger service for use or sale on facilities of the carriers, or to persons authorized to sell cigarettes or tobacco products on those facilities, the tax imposed under this part shall not be levied with respect to the sales of the cigarettes or tobacco products by the distributors, but a tax is hereby levied upon the carriers or upon the persons authorized to sell cigarettes or tobacco products on the facilities of the carriers, as the case may be, for the privilege of making sales in California at the same rate as set forth under this part. Those common carriers and authorized persons shall pay the tax imposed by this section and file reports with the board, as provided in Section 30186. -SEC. 3. -Section 30108 of the Revenue and Taxation Code is amended to read: -30108. -(a) Every distributor engaged in business in this state and selling or accepting orders for cigarettes or tobacco products with respect to the sale of which the tax imposed under this part is inapplicable shall, at the time of making the sale or accepting the order or, if the purchaser is not then obligated to pay the tax with respect to his or her distribution of the cigarettes or tobacco products, at the time the purchaser becomes so obligated, collect the tax from the purchaser, if the purchaser is other than a licensed distributor, and shall give to the purchaser a receipt therefor in the manner and form prescribed by the board. -(b) Every person engaged in business in this state and making gifts of untaxed cigarettes or tobacco products as samples with respect to which the tax imposed under this part is inapplicable shall, at the time of making the gift or, if the donee is not then obligated to pay the tax with respect to his or her distribution of the cigarettes or tobacco products, at the time the donee becomes so obligated, collect the tax from the donee, if the donee is other than a licensed distributor, and shall give the donee a receipt therefor in the manner and form prescribed by the board. This section shall not apply to those distributions of cigarettes or tobacco products that are exempt from tax under Section 30105.5. -(c) “Engaged in business in the state” means and includes any of the following: -(1) Maintaining, occupying, or using, permanently or temporarily, directly or indirectly, or through a subsidiary, or agent, by whatever name called, an office, place of distribution, sales or sample room or place, warehouse or storage place, or other place of business. -(2) Having any representative, agent, salesperson, canvasser, or solicitor operating in this state under the authority of the distributor or its subsidiary for the purpose of selling, delivering, or the taking of orders for cigarettes or tobacco products. -(d) The taxes required to be collected by this section constitute debts owed by the distributor, or other person required to collect the taxes, to the state. -SEC. 4. -Article 2.5 (commencing with Section 30130.50) is added to Chapter 2 of Part 13 of Division 2 of the Revenue and Taxation Code, to read: -Article 2.5. The California Tobacco Tax Act of 2015 -30130.50. -For the purposes of this article: -(a) “Cigarette” has the same meaning as in Section 30003 as it read on January 1, 2015. -(b) “Tobacco products” includes, but is not limited to, all forms of cigars, smoking tobacco, chewing tobacco, snuff, and any other articles or products made of, or containing at least 50 percent, tobacco, but does not include cigarettes. -30130.51. -In addition to any other taxes imposed upon the distribution of cigarettes, there shall be imposed an additional tax upon every distributor of cigarettes at the rate of one hundred mills ($0.10) for each cigarette distributed on or after January 1, 2016. -30130.52. -(a) (1) Every dealer and wholesaler, for the privilege of holding or storing cigarettes for sale, use, or consumption, shall pay a floor stock tax for each cigarette in its possession or under its control in this state at 12:01 a.m. on January 1, 2016, at the rate of one hundred mills ($0.10) for each cigarette. -(2) Every dealer and wholesaler shall file a return with the board on or before July 1, 2016, on a form prescribed by the board, showing the number of cigarettes in its possession or under its control in this state at 12:01 a.m. on January 1, 2016. The amount of tax shall be computed and shown on the return. -(b) (1) Every licensed cigarette distributor, for the privilege of distributing cigarettes and for holding or storing cigarettes for sale, use, or consumption, shall pay a cigarette indicia adjustment tax for each California cigarette tax stamp that is affixed to any package of cigarettes and for each unaffixed California cigarette tax stamp in its possession or under its control at 12:01 a.m. on January 1, 2016, at the following rates: -(A) Two dollars and fifty cents ($2.50) for each stamp bearing the designation “25.” -(B) Two dollars ($2) for each stamp bearing the designation “20.” -(C) One dollar ($1) for each stamp bearing the designation “10.” -(2) Every licensed cigarette distributor shall file a return with the board on or before July 1, 2016, on a form prescribed by the board, showing the number of stamps described in subparagraphs (A), (B), and (C) of paragraph (1). The amount of tax shall be computed and shown on the return. -(c) The taxes required to be paid by this section are due and payable on or before July 1, 2016. Payments shall be made by remittances payable to the board and the payments shall accompany the return and forms required to be filed by this section. -(d) Any amount required to be paid by this section that is not timely paid shall bear interest at the rate and by the method established pursuant to Section 30202 from July 1, 2016, until paid, and shall be subject to determination, and redetermination, and any penalties provided with respect to determinations and redeterminations. -30130.54. -(a) The California Tobacco Tax Act of 2015 Fund is hereby established in the State Treasury for the purposes set forth in this article. All revenues, less refunds and moneys transferred pursuant to Section 30130.53, derived from the taxes imposed by this article shall be deposited in the California Tobacco Tax Act of 2015 Fund. -(b) Moneys in the California Tobacco Tax Act of 2015 Fund shall be transferred as follows: -(1) -___ -Fourteen -percent to the Tobacco Prevention and Education Account, which is hereby created in the California Tobacco Tax Act of 2015 Fund. -(2) -___ -Eighty-four -percent to the Tobacco Disease Related Health Care Account, which is hereby created in the California Tobacco Tax Act of 2015 Fund. -(3) -___ -Two -percent to the Tobacco Law Enforcement Account, which is hereby created in the California Tobacco Tax Act of 2015 Fund. -(c) Funds deposited into the California Tobacco Tax Act of 2015 Fund may be placed into the Pooled Money Investment Account for investment only, and interest earned shall be credited to the fund and deposited, apportioned, and expended only in accordance with this article and its purposes. -(d) Notwithstanding any other law, the taxes imposed by this article and the revenue derived therefrom, including investment interest, shall not be considered to be part of the General Fund, as that term is used in Chapter 1 (commencing with Section 16300) of Part 2 of Division 4 of the Government Code, shall not be considered General Fund revenue for purposes of Section 8 of Article XVI of the California Constitution, and its implementing statutes, and shall not be considered “moneys to be applied by the state for the support of school districts and community college districts” pursuant to Section 8 of Article XVI of the California Constitution, and its implementing statutes. -(e) Notwithstanding any other law, revenues deposited into the California Tobacco Tax Act of 2015 Fund, and any interest earned by the fund, shall only be used for the specific purposes set forth in this article. Revenues deposited into the California Tobacco Tax Act of 2015 Fund shall not be subject to appropriation, reversion, or transfer by the Legislature, the Governor, the Director of Finance, or the Controller for any other purpose, nor shall the funds be loaned to the General Fund or any other fund of the state or any local government fund. -(f) All revenues deposited into the California Tobacco Tax Act of 2015 Fund shall be expended only for the purposes expressed in this article, and shall be used only to supplement existing levels of service and not to fund existing levels of service. Moneys in the fund shall not be used to supplant state or local general fund moneys for any purpose. -SEC. 5. -Section 30181 of the Revenue and Taxation Code is amended to read: -30181. -(a) If any tax imposed upon cigarettes under this part is not paid through the use of stamps or meter impressions, the tax shall be due and payable monthly on or before the 25th day of the month following the calendar month in which a distribution of cigarettes occurs, or in the case of a sale of cigarettes on the facilities of a common carrier for which the tax is imposed pursuant to Section 30104, the tax shall be due and payable monthly on or before the 25th day of the month following the calendar month in which a sale of cigarettes on the facilities of the carrier occurs. -(b) Each distributor of tobacco products shall file a return in the form, as prescribed by the board, that may include, but not be limited to, electronic media respecting the distributions of tobacco products and their wholesale cost during the preceding month, and any other information as the board may require to carry out this part. The return shall be filed with the board on or before the 25th day of the calendar month following the close of the monthly period for which it relates, together with a remittance payable to the board, of the amount of tax, if any, due under Article 2 (commencing with Section 30121) or Article 3 (commencing with Section 30131) of Chapter 2 for that period. -(c) To facilitate the administration of this part, the board may require the filing of the returns for longer than monthly periods. -(d) Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the board. -SEC. 6. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 7. -This act shall become operative only if Assembly Bill 1396 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016.","The Cigarette and Tobacco Products Tax Law, the violation of which is a crime, imposes a tax of $0.87 per package of 20 cigarettes on every distributor of cigarettes and a tax on the wholesale cost of tobacco products distributed at a tax rate that is equivalent to the combined rate of all taxes imposed on cigarettes, and at a rate equivalent to $0.50 per pack cigarette tax. Revenues from taxes imposed under this law are deposited in specified accounts. These taxes are inclusive of the taxes imposed under the Tobacco Tax and Health Protection Act of 1988 (Proposition 99) and the California Children and Families Act of 1998 (Proposition 10). -This bill, beginning January 1, 2016, would impose an additional tax on the distribution of cigarettes at the rate of $0.10 for each cigarette distributed, which would be $2.00 per pack; would require a dealer and a wholesaler to file a return with the State Board of Equalization showing the number of cigarettes in its possession or under its control on that date, and impose a related floor stock tax; and would require a licensed cigarette distributor to file a return with the board and pay a cigarette indicia adjustment tax at the rate equal to the difference between the existing tax rate and the tax rate imposed by this bill for cigarette tax stamps in its possession or under its control on that date. Because the bill would impose an additional tax on cigarettes under the Cigarette and Tobacco Products Tax Law, it would increase the tax upon the distribution of tobacco products under that law. -The bill would provide that the revenues collected from the additional tax be deposited in the California Tobacco Tax Act of 2015 Fund created by this bill, and transferred into accounts within that fund, which are created by this bill, the Tobacco Prevention and Education Account, the Tobacco Disease Related Health Care Account, and the Tobacco Law Enforcement Account. The bill would provide that revenue from this tax would not be considered General Fund revenue, and would limit the use or loan of those revenues, as provided. -Because this bill would impose new requirements under the Cigarette and Tobacco Products Tax Law, the violation of which is a crime, it would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of -2/3 -of the membership of each house of the Legislature. -This bill would become operative only if AB 1396 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016.","An act to amend Sections 30104, 30108, and 30181 of, and to add Article 2.5 (commencing with Section 30130.50) to Chapter 2 of Part 13 of Division 2 of, the Revenue and Taxation Code, relating to public health finance." -173,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3016 of the Penal Code is amended to read: -3016. -(a) The Secretary of the Department of Corrections and Rehabilitation shall establish the Case Management Reentry Pilot Program for offenders under the jurisdiction of the department who have been sentenced to a term of imprisonment under Section 1170 and are likely to benefit from a case management reentry strategy designed to address homelessness, joblessness, mental disorders, and developmental disabilities among offenders transitioning from prison into the community. The purpose of the pilot program is to implement promising and evidence-based practices and strategies that promote improved public safety outcomes for offenders reentering society after serving a term in state prison and while released to parole. -(b) The program shall be initiated in at least three counties over three years, supported by department employees focusing primarily on case management services for eligible parolees selected for the pilot program. Department employees shall be experienced or trained to work as social workers with a parole population. Selection of a parolee for participation in the pilot program does not guarantee the availability of services. -(c) Case management social workers shall assist offenders on parole who are assigned to the program in managing basic needs, including housing, job training and placement, medical and mental health care, and any additional programming or responsibilities attendant to the terms of the offender’s reentry requirements. Case management social workers also shall work closely with offenders to prepare, monitor, revise, and fulfill individualized offender reentry plans consistent with this section during the term of the program. -(d) Individualized offender reentry plans shall focus on connecting offenders to services for which the offender is eligible under existing federal, state, and local rules. -(e) Case management services shall be prioritized for offenders identified as potentially benefiting from assistance with the following: -(1) Food, including the immediate need and long-term planning for obtaining food. -(2) Clothing, including the immediate need to obtain appropriate clothing. -(3) Shelter, including obtaining housing consistent with the goals of the most independent, least restrictive and potentially durable housing in the local community and that are feasible for the circumstances of each reentering offender. -(4) Benefits, including, but not limited to, the California Work Opportunity and Responsibility to Kids program, general assistance, benefits administered by the federal Social Security Administration, Medi-Cal, and veterans benefits. -(5) Health services, including assisting parolee clients with accessing community mental health, medical, and dental treatment. -(6) Substance abuse services, including assisting parolee clients with obtaining community substance abuse treatment or related 12-step program information and locations. -(7) Income, including developing and implementing a feasible plan to obtain an income and employment reflecting the highest level of work appropriate for a reentering offender’s abilities and experience. -(8) Identification cards, including assisting reentering offenders with obtaining state identification cards. -(9) Life skills, including assisting with the development of skills concerning money management, job interviewing, resume writing, and activities of daily living. -(10) Activities, including working with reentering offenders in choosing and engaging in suitable and productive activities. -(11) Support systems, including working with reentering offenders on developing a support system, which may consist of prosocial friends, family, and community groups and activities, such as religious activities, recovery groups, and other social events. -(12) Academic and vocational programs, including assisting reentering offenders in developing and implementing a realistic plan to achieve an academic education, or vocational training, or both. -(13) Discharge planning, including developing postparole plans to sustain parolees’ achievements and goals to insure long-term community success. -(f) The department shall contract for an evaluation of the pilot program that will assess its effectiveness in reducing recidivism among offenders transitioning from prison into the community. -(g) The department shall submit a final report of the findings from its evaluation of the pilot program to the Legislature and the Governor no later than July 31, 2017. -(h) Implementation of this article is contingent on the availability of funds and the pilot program may be limited in scope or duration based on the availability of funds. -SEC. 2. -Section 5055.5 is added to the Penal Code, to read: -5055.5. -(a) The Secretary of the Department of Corrections and Rehabilitation shall develop a Data Dashboard as described in subdivisions (b) and (c) for each institution on a quarterly basis and post those reports on the department’s Internet Web site. The department shall post both current fiscal-year reports and reports for the immediately preceding three fiscal years for each institution. The department shall also post corrections made to inaccurate or incomplete data to current or previous reports. -(b) Each report shall include a brief biography of the warden, including whether he or she is an acting or permanent warden, and a brief description of the prison, including the total number and level of inmates. -(c) Each report shall be created using the following information already collected using the COMPSTAT (computer assisted statistics) reports for each prison and shall include, but not be limited to, all of the following indicators: -(1) Staff vacancies, overtime, sick leave, and number of authorized staff positions. -(2) Rehabilitation programs, including enrollment capacity, actual enrollment, and diploma and GED completion rate. -(3) Number of deaths, specifying homicides, suicides, unexpected deaths, and expected deaths. -(4) Number of use of force incidents. -(5) Number of inmate appeals, including the number being processed, overdue, dismissed, and upheld. -(6) Number of inmates in administrative segregation. -(7) Total contraband seized, specifying the number of cellular telephones and drugs. -(d) Each report shall also include the following information, which is not currently collected or displayed by COMPSTAT: -(1) Total budget, including actual expenditures. -(2) Number of days in lockdown.","Existing law provides that the supervision, management, and control of the state prisons, and the responsibility for the care, custody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the Department of Corrections and Rehabilitation. Existing law requires the Secretary to establish the Case Management Reentry Pilot Program for specified offenders who are likely to benefit from a case management reentry strategy. Existing law requires the Department of Corrections and Rehabilitation to submit a final report of the findings from its evaluation of the pilot program to the Legislature and the Governor by a specified date. -This bill would require the Department of Corrections and Rehabilitation to submit a final report of the findings from its evaluation of the Case Management Reentry Pilot Program to the Legislature and the Governor by no later than July 31, 2017. -The bill would also require the Secretary of the Department of Corrections and Rehabilitation to develop a Data Dashboard on a quarterly basis containing specified information regarding each institution, including, among other information, the total budget, including actual expenditures, staff vacancies and the number of authorized staff positions, overtime, sick leave, and the number of use of force incidents, and to post those reports on the department’s Internet Web site, as provided.","An act to amend Section 3016 of, and to add Section 5055.5 to, the Penal Code, relating to prisons." -174,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1063.1 of the Insurance Code is amended to read: -1063.1. -As used in this article: -(a) “Member insurer” means an insurer required to be a member of the association in accordance with subdivision (a) of Section 1063, except and to the extent that the insurer is participating in an insolvency program adopted by the United States government. -(b) “Insolvent insurer” means an insurer that was a member insurer of the association, consistent with paragraph (11) of subdivision (c), either at the time the policy was issued or when the insured event occurred, and against which an order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction, or, in the case of the State Compensation Insurance Fund, if a finding of insolvency is made by a duly enacted legislative measure. -(c) (1) “Covered claims” means the obligations of an insolvent insurer, including the obligation for unearned premiums, that satisfy all of the following requirements: -(A) Imposed by law and within the coverage of an insurance policy of the insolvent insurer. -(B) Which were unpaid by the insolvent insurer. -(C) Which are presented as a claim to the liquidator in the state of domicile of the insolvent insurer or to the association on or before the last date fixed for the filing of claims in the domiciliary liquidating proceedings. -(D) Which were incurred prior to the date coverage under the policy terminated and prior to, on, or within 30 days after the date the liquidator was appointed. -(E) For which the assets of the insolvent insurer are insufficient to discharge in full. -(F) In the case of a policy of workers’ compensation insurance, to provide workers’ compensation benefits under the workers’ compensation law of this state. -(G) In the case of other classes of insurance if the claimant or insured is a resident of this state at the time of the insured occurrence, or the property from which the claim arises is permanently located in this state. -(2) “Covered claims” also includes the obligations assumed by an assuming insurer from a ceding insurer where the assuming insurer subsequently becomes an insolvent insurer if, at the time of the insolvency of the assuming insurer, the ceding insurer is no longer admitted to transact business in this state. Both the assuming insurer and the ceding insurer shall have been member insurers at the time the assumption was made. “Covered claims” under this paragraph shall be required to satisfy the requirements of subparagraphs (A) to (G), inclusive, of paragraph (1), except for the requirement that the claims be against policies of the insolvent insurer. The association shall have a right to recover any deposit, bond, or other assets that may have been required to be posted by the ceding company to the extent of covered claim payments and shall be subrogated to any rights the policyholders may have against the ceding insurer. -(3) “Covered claims” does not include obligations arising from the following: -(A) Life, annuity, health, or disability insurance. -(B) Mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risks. -(C) Fidelity or surety insurance including fidelity or surety bonds, or any other bonding obligations. -(D) Credit insurance. -(E) Title insurance. -(F) Ocean marine insurance or ocean marine coverage under an insurance policy including claims arising from the following: the Jones Act (46 U.S.C. Secs. 30104 and 30105), the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. Sec. 901 et seq.), or any other similar federal statutory enactment, or an endorsement or policy affording protection and indemnity coverage. -(G) Any claims servicing agreement or insurance policy providing retroactive insurance of a known loss or losses, except a special excess workers’ compensation policy issued pursuant to subdivision (c) of Section 3702.8 of the Labor Code that covers all or any part of workers’ compensation liabilities of an employer that is issued, or was previously issued, a certificate of consent to self-insure pursuant to subdivision (b) of Section 3700 of the Labor Code. -(4) “Covered claims” does not include any obligations of the insolvent insurer arising out of any reinsurance contracts, nor any obligations incurred after the expiration date of the insurance policy or after the insurance policy has been replaced by the insured or canceled at the insured’s request, or after the insurance policy has been canceled by the liquidator, nor any obligations to a state or to the federal government. -(5) “Covered claims” does not include any obligations to insurers, insurance pools, or underwriting associations, nor their claims for contribution, indemnity, or subrogation, equitable or otherwise, except as otherwise provided in this chapter. -An insurer, insurance pool, or underwriting association may not maintain, in its own name or in the name of its insured, a claim or legal action against the insured of the insolvent insurer for contribution, indemnity, or by way of subrogation, except insofar as, and to the extent only, that the claim exceeds the policy limits of the insolvent insurer’s policy. In those claims or legal actions, the insured of the insolvent insurer is entitled to a credit or setoff in the amount of the policy limits of the insolvent insurer’s policy, or in the amount of the limits remaining, where those limits have been diminished by the payment of other claims. -(6) “Covered claims,” except in cases involving a claim for workers’ compensation benefits or for unearned premiums, does not include a claim in an amount of one hundred dollars ($100) or less, nor that portion of a claim that is in excess of any applicable limits provided in the insurance policy issued by the insolvent insurer. -(7) “Covered claims” does not include that portion of a claim, other than a claim for workers’ compensation benefits, that is in excess of five hundred thousand dollars ($500,000). -(8) “Covered claims” does not include any amount awarded as punitive or exemplary damages, nor any amount awarded by the Workers’ Compensation Appeals Board pursuant to Section 5814 or 5814.5 of the Labor Code because payment of compensation was unreasonably delayed or refused by the insolvent insurer. -(9) “Covered claims” does not include (A) a claim to the extent it is covered by any other insurance of a class covered by this article available to the claimant or insured or (B) a claim by a person other than the original claimant under the insurance policy in his or her own name, his or her assignee as the person entitled thereto under a premium finance agreement as defined in Section 673 and entered into prior to insolvency, his or her executor, administrator, guardian, or other personal representative or trustee in bankruptcy, and does not include a claim asserted by an assignee or one claiming by right of subrogation, except as otherwise provided in this chapter. -(10) “Covered claims” does not include any obligations arising out of the issuance of an insurance policy written by the separate division of the State Compensation Insurance Fund pursuant to Sections 11802 and 11803. -(11) “Covered claims” does not include any obligations of the insolvent insurer arising from a policy or contract of insurance issued or renewed prior to the insolvent insurer’s admission to transact insurance in the State of California. -(12) “Covered claims” does not include surplus deposits of subscribers as defined in Section 1374.1. -(13) “Covered claims” shall also include obligations arising under an insurance policy written to indemnify a permissibly self-insured employer pursuant to subdivision (b) or (c) of Section 3700 of the Labor Code for its liability to pay workers’ compensation benefits in excess of a specific or aggregate retention. However, for purposes of this article, those claims shall not be considered workers’ compensation claims and therefore are subject to the per-claim limit in paragraph (7), and any payments and expenses related thereto shall be allocated to category (c) for claims other than workers’ compensation, homeowners, and automobile, as provided in Section 1063.5. -These provisions shall apply to obligations arising under a policy as described herein issued to a permissibly self-insured employer or group of self-insured employers pursuant to Section 3700 of the Labor Code and notwithstanding any other provision of this code, those obligations shall be governed by this provision in the event that the Self-Insurers’ Security Fund is ordered to assume the liabilities of a permissibly self-insured employer or group of self-insured employers pursuant to Section 3701.5 of the Labor Code. The provisions of this paragraph apply only to insurance policies written to indemnify a permissibly self-insured employer or group of self-insured employers under subdivision (b) or (c) of Section 3700 of the Labor Code, for its liability to pay workers’ compensation benefits in excess of a specific or aggregate retention, and this paragraph does not apply to special excess workers’ compensation insurance policies unless issued pursuant to authority granted in subdivision (c) of Section 3702.8 of the Labor Code, and as provided for in subparagraph (G) of paragraph (3). In addition, this paragraph does not apply to any claims servicing agreement or insurance policy providing retroactive insurance of a known loss or losses as are excluded in subparagraph (G) of paragraph (3). -Each permissibly self-insured employer or group of self-insured employers, or the Self-Insurers’ Security Fund, shall, to the extent required by the Labor Code, be responsible for paying, adjusting, and defending each claim arising under policies of insurance covered under this section, unless the benefits paid on a claim exceed the specific or aggregate retention, in which case: -(A) If the benefits paid on the claim exceed the specific or aggregate retention, and the policy requires the insurer to defend and adjust the claim, the California Insurance Guarantee Association (CIGA) shall be solely responsible for adjusting and defending the claim, and shall make all payments due under the claim, subject to the limitations and exclusions of this article with regard to covered claims. As to each claim subject to this paragraph, notwithstanding any other provisions of this code or the Labor Code, and regardless of whether the amount paid by CIGA is adequate to discharge a claim obligation, neither the self-insured employer, group of self-insured employers, nor the Self-Insurers’ Security Fund shall have any obligation to pay benefits over and above the specific or aggregate retention, except as provided in this subdivision. -(B) If the benefits paid on the claim exceed the specific or aggregate retention, and the policy does not require the insurer to defend and adjust the claim, the permissibly self-insured employer or group of self-insured employers, or the Self-Insurers’ Security Fund, shall not have any further payment obligations with respect to the claim, but shall continue defending and adjusting the claim, and shall have the right, but not the obligation, in any proceeding to assert all applicable statutory limitations and exclusions as contained in this article with regard to the covered claim. CIGA shall have the right, but not the obligation, to intervene in any proceeding where the self-insured employer, group of self-insured employers, or the Self-Insurers’ Security Fund is defending a claim and shall be permitted to raise the appropriate statutory limitations and exclusions as contained in this article with respect to covered claims. Regardless of whether the self-insured employer or group of self-insured employers, or the Self-Insurers’ Security Fund, asserts the applicable statutory limitations and exclusions, or whether CIGA intervenes in a proceeding, CIGA shall be solely responsible for paying all benefits due on the claim, subject to the exclusions and limitations of this article with respect to covered claims. As to each claim subject to this paragraph, notwithstanding any other provision of the Insurance Code or the Labor Code and regardless of whether the amount paid by CIGA is adequate to discharge a claim obligation, neither the self-insured employer, group of self-insured employers, nor the Self-Insurers’ Security Fund, shall have an obligation to pay benefits over and above the specific or aggregate retention, except as provided in this subdivision. -(C) In the event that the benefits paid on the covered claim exceed the per-claim limit in paragraph (7), the responsibility for paying, adjusting, and defending the claim shall be returned to the permissibly self-insured employer or group of employers, or the Self-Insurers’ Security Fund. -These provisions shall apply to all pending and future insolvencies. For purposes of this paragraph, a pending insolvency is one involving a company that is currently receiving benefits from the guarantee association. -(14) “Covered claims” shall include any claims filed by an employee of a general employer that has entered into a contractual relationship with a special employer who is a self-insured governmental entity and has satisfied the provisions of paragraph (1) of subdivision (d) of Section 3602 of the Labor Code. In no event is the self-insurance of a special employer governmental entity to be considered other insurance for purposes of this article if the provisions of paragraph (1) of subdivision (d) of Section 3602 of the Labor Code are required by contractual agreement between the general employer and the special employer. The contractual agreement shall be conclusive proof that the special employer never had the intent to provide workers’ compensation insurance for the employees of the general employer. -(d) “Admitted to transact insurance in this state” means an insurer possessing a valid certificate of authority issued by the department. -(e) “Affiliate” means a person who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December 31 of the year next preceding the date the insurer becomes an insolvent insurer. -(f) “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control is presumed to exist if a person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, 10 percent or more of the voting securities of any other person. This presumption may be rebutted by showing that control does not in fact exist. -(g) “Claimant” means an insured making a first party claim or a person instituting a liability claim. However, no person who is an affiliate of the insolvent insurer may be a claimant. -(h) “Ocean marine insurance” includes marine insurance as defined in Section 103, except for inland marine insurance, as well as any other form of insurance, regardless of the name, label, or marketing designation of the insurance policy, that insures against maritime perils or risks and other related perils or risks, that are usually insured against by traditional marine insurance such as hull and machinery, marine builders’ risks, and marine protection and indemnity. Those perils and risks insured against include, without limitation, loss, damage, or expense or legal liability of the insured arising out of or incident to ownership, operation, chartering, maintenance, use, repair, or construction of a vessel, craft, or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness, or death for loss or damage to the property of the insured or another person. -(i) “Unearned premium” means that portion of a premium as calculated by the liquidator that had not been earned because of the cancellation of the insolvent insurer’s policy and is that premium remaining for the unexpired term of the insolvent insurer’s policy. “Unearned premium” does not include any amount sought as return of a premium under a policy providing retroactive insurance of a known loss or return of a premium under a retrospectively rated policy or a policy subject to a contingent surcharge or a policy in which the final determination of the premium cost is computed after expiration of the policy and is calculated on the basis of actual loss experienced during the policy period.","Existing law establishes the California Insurance Guarantee Association to provide coverage against losses arising from the failure of an insolvent property, casualty, or workers’ compensation insurer to discharge its obligations under its insurance policies. Existing law requires the association to pay and discharge all “covered claims,” which includes the obligations of the insolvent insurer. -This bill would additionally provide that a “covered claim” includes a claim filed by an employee of a general employer that has entered into a contractual relationship with a special employer that is a self-insured governmental entity. The bill would provide that in that case, if certain criteria are met, the contractual agreement would be conclusive proof that the special employer never intended to provide workers’ compensation insurance for the employees of the general employer.","An act to amend Section 1063.1 of the Insurance Code, relating to the California Insurance Guarantee Association." -175,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 987.8 of the Penal Code is amended to read: -987.8. -(a) Upon a finding by the court that a defendant is entitled to counsel but is unable to employ counsel, the court may hold a hearing or, in its discretion, order the defendant to appear before a county officer designated by the court, to determine whether the defendant owns or has an interest in any real property or other assets subject to attachment and not otherwise exempt by law. The court may impose a lien on any real property owned by the defendant, or in which the defendant has an interest to the extent permitted by law. The lien shall contain a legal description of the property, shall be recorded with the county recorder in the county or counties in which the property is located, and shall have priority over subsequently recorded liens or encumbrances. The county shall have the right to enforce its lien for the payment of providing legal assistance to an indigent defendant in the same manner as other lienholders by way of attachment, except that a county shall not enforce its lien on a defendant’s principal place of residence pursuant to a writ of execution. No lien shall be effective as against a bona fide purchaser without notice of the lien. -(b) In any case in which a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court, or upon the withdrawal of the public defender or appointed private counsel, the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof. The court may, in its discretion, hold one such additional hearing within six months of the conclusion of the criminal proceedings. The court may, in its discretion, order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of the legal assistance provided. -(c) In any case in which the defendant hires counsel replacing a publicly provided attorney; in which the public defender or appointed counsel was required by the court to proceed with the case after a determination by the public defender that the defendant is not indigent; or, in which the defendant, at the conclusion of the case, appears to have sufficient assets to repay, without undue hardship, all or a portion of the cost of the legal assistance provided to him or her, by monthly installments or otherwise; the court shall make a determination of the defendant’s ability to pay as provided in subdivision (b), and may, in its discretion, make other orders as provided in that subdivision. -This subdivision applies to a county only upon the adoption of a resolution by the board of supervisors to that effect. -(d) If the defendant, after having been ordered to appear before a county officer, has been given proper notice and fails to appear before a county officer within 20 working days, the county officer shall recommend to the court that the full cost of the legal assistance shall be ordered to be paid by the defendant. The notice to the defendant shall contain all of the following: -(1) A statement of the cost of the legal assistance provided to the defendant as determined by the court. -(2) The defendant’s procedural rights under this section. -(3) The time limit within which the defendant’s response is required. -(4) A warning that if the defendant fails to appear before the designated officer, the officer will recommend that the court order the defendant to pay the full cost of the legal assistance provided to him or her. -(e) At a hearing, the defendant shall be entitled to, but shall not be limited to, all of the following rights: -(1) The right to be heard in person. -(2) The right to present witnesses and other documentary evidence. -(3) The right to confront and cross-examine adverse witnesses. -(4) The right to have the evidence against him or her disclosed to him or her. -(5) The right to a written statement of the findings of the court. -If the court determines that the defendant has the present ability to pay all or a part of the cost, the court shall set the amount to be reimbursed and order the defendant to pay the sum to the county in the manner in which the court believes reasonable and compatible with the defendant’s financial ability. Failure of a defendant who is not in custody to appear after due notice is a sufficient basis for an order directing the defendant to pay the full cost of the legal assistance determined by the court. The order to pay all or a part of the costs may be enforced in the manner provided for enforcement of money judgments generally but may not be enforced by contempt. -Any order entered under this subdivision is subject to relief under Section 473 of the Code of Civil Procedure. -(f) Prior to the furnishing of counsel or legal assistance by the court, the court shall give notice to the defendant that the court may, after a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost of counsel. The court shall also give notice that, if the court determines that the defendant has the present ability, the court shall order him or her to pay all or a part of the cost. The notice shall inform the defendant that the order shall have the same force and effect as a judgment in a civil action and shall be subject to enforcement against the property of the defendant in the same manner as any other money judgment. -(g) As used in this section: -(1) “Legal assistance” means legal counsel and supportive services including, but not limited to, medical and psychiatric examinations, investigative services, expert testimony, or any other form of services provided to assist the defendant in the preparation and presentation of the defendant’s case. -(2) “Ability to pay” means the overall capability of the defendant to reimburse the costs, or a portion of the costs, of the legal assistance provided to him or her, and shall include, but not be limited to, all of the following: -(A) The defendant’s present financial position. -(B) The defendant’s reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining the defendant’s reasonably discernible future financial position. Unless the court finds unusual circumstances, a defendant sentenced to state prison, or to county jail for a period longer than 364 days, including, but not limited to, a sentence imposed pursuant to subdivision (h) of Section 1170, shall be determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense. -(C) The likelihood that the defendant shall be able to obtain employment within a six-month period from the date of the hearing. -(D) Any other factor or factors that may bear upon the defendant’s financial capability to reimburse the county for the costs of the legal assistance provided to the defendant. -(h) At any time during the pendency of the judgment rendered according to the terms of this section, a defendant against whom a judgment has been rendered may petition the rendering court to modify or vacate its previous judgment on the grounds of a change in circumstances with regard to the defendant’s ability to pay the judgment. The court shall advise the defendant of this right at the time it renders the judgment. -(i) This section shall apply to all proceedings, including contempt proceedings, in which the party is represented by a public defender or appointed counsel.","Existing law requires a court to assign counsel to defend a defendant if the defendant desires the assistance of counsel and cannot afford to pay for counsel. Upon conclusion of the proceedings against the defendant, or withdrawal of counsel, existing law authorizes the court to make a determination of the ability of a defendant to pay all or a portion of his or her defense. Existing law authorizes the court to order a defendant to reimburse the county for those costs. Existing law provides a presumption that a defendant sentenced to state prison is determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense, except as specified. -This bill would extend that presumption to a defendant sentenced to county jail for a period longer than 364 days.","An act to amend Section 987.8 of the Penal Code, relating to criminal procedure." -176,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11546.1 of the Government Code is amended to read: -11546.1. -The Department of Technology shall improve the governance and implementation of information technology by standardizing reporting relationships, roles, and responsibilities for setting information technology priorities. -(a) (1) Each state agency shall have a chief information officer who is appointed by the head of the state agency, or by the head’s designee, subject to the approval of the Department of Technology. -(2) A chief information officer appointed under this subdivision shall do all of the following: -(A) Oversee the information technology portfolio and information technology services within his or her state agency through the operational oversight of information technology budgets of departments, boards, bureaus, and offices within the state agency. -(B) Develop the enterprise architecture for his or her state agency, subject to the review and approval of the Department of Technology, to rationalize, standardize, and consolidate information technology applications, assets, infrastructure, data, and procedures for all departments, boards, bureaus, and offices within the state agency. -(C) Ensure that all departments, boards, bureaus, and offices within the state agency are in compliance with the state information technology -policy. -policy, and statutes, including, but not limited to, subdivision (d) of Section 11135. -(b) (1) Each state entity shall have a chief information officer who is appointed by the head of the state entity. -(2) A chief information officer appointed under this subdivision shall do all of the following: -(A) Supervise all information technology and telecommunications activities within his or her state entity, including, but not limited to, information technology, information security, and telecommunications personnel, contractors, systems, assets, projects, purchases, and contracts. -(B) Ensure the entity conforms with state information technology and telecommunications policy -and -, -enterprise -architecture -architecture, and statutes, including, but not limited to, subdivision (d) of Section 11135 -. -(c) Each state agency shall have an information security officer appointed by the head of the state agency, or the head’s designee, subject to the approval by the Department of Technology. The state agency’s information security officer appointed under this subdivision shall report to the state agency’s chief information officer. -(d) Each state entity shall have an information security officer who is appointed by the head of the state entity. An information security officer shall report to the chief information officer of his or her state entity. The Department of Technology shall develop specific qualification criteria for an information security officer. If a state entity cannot fund a position for an information security officer, the entity’s chief information officer shall perform the duties assigned to the information security officer. The chief information officer shall coordinate with the Department of Technology for any necessary support. -(e) (1) For purposes of this section, “state agency” means the Transportation Agency, Department of Corrections and Rehabilitation, Department of Veterans Affairs, Business, Consumer Services, and Housing Agency, Natural Resources Agency, California Health and Human Services Agency, California Environmental Protection Agency, Labor and Workforce Development Agency, and Department of Food and Agriculture. -(2) For purposes of this section, “state entity” means an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and offices that are not defined as a “state agency” pursuant to paragraph (1). -(f) A state entity that is not defined under subdivision (e) may voluntarily comply with any of the requirements of Sections 11546.2 and 11546.3 and may request assistance from the Department of Technology to do so. -SEC. 2. -Chapter 5.8 (commencing with Section 11549.20) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: -CHAPTER 5.8. Office of Accessible Technology -11549.20. -(a) There is in the Government Operations Agency, within the Department of Technology, the Office of Accessible Technology. The purpose of the Office of Accessible Technology is to monitor and facilitate compliance of state electronic and information technology with the requirements of subdivision (d) of Section 11135. -(b) The office shall be under the direction of a chief, who shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. The chief shall report to the Director of Technology and shall lead the office in carrying out its mission. The chief shall possess knowledge and expertise in evaluating compliance with the accessibility requirements of Section 508 of the federal Rehabilitation Act of 1973, as amended (29 U.S.C. Sec. 794d), and regulations implementing that act as set forth in Part 1194 of Title 36 of the Federal Code of Regulations. -(c) For purposes of this chapter, the following terms shall have the following meanings: -(1) “Chief” means the Chief of the Office of Accessible Technology. -(2) “Office” means the Office of Accessible Technology. -11549.22. -The chief shall do all of the following: -(a) Develop and update statewide policies, standards, and procedures for ensuring compliance with the requirements of subdivision (d) of Section 11135. -(b) Provide training to chief information officers appointed pursuant to Section 11546.1. -(c) Audit compliance of state electronic and information technology with the requirements of subdivision (d) of Section 11135 and cooperate with chief information officers, as necessary, to develop corrective action plans for achieving compliance. -(d) Manage complaints from state employees and members of the public related to the requirements of subdivision (d) of Section 11135. -11549.24. -The chief shall post the results of all audits conducted pursuant to this chapter on the office’s Internet Web site. -11549.26. -The office shall consult with the Director of Technology, the Director of Rehabilitation, the Director of General Services, the Chancellor of the California State University, and any other relevant agencies concerning policies, standards, and procedures related to accessible technology. -11549.28. -This chapter shall become operative only upon the Legislature making an appropriation to implement the provisions of this chapter, and thereafter shall remain operative.","(1) Existing law establishes the Department of Technology, within the Government Operations Agency, headed by the Director of Technology, who is also known as the State Chief Information Officer. The department is responsible for the approval and oversight of information technology projects by, among other things, consulting with agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs and consider feasible alternatives to address the identified needs and benefits consistent with statewide strategies, policies, and procedures. -This bill would establish, in the Government Operations Agency within the Department of Technology, the Office of Accessible Technology to monitor and facilitate compliance of state electronic and information technology with the requirements of certain state and federal laws relating to the accessibility of technology. This bill would require the office to be headed by a Chief of the Office of Accessible Technology who is required to, among other things, audit compliance of state electronic and information technology with the requirements of state and federal laws relating to the accessibility of technology, train chief information officers in other state agencies and entities, and manage complaints from state employees and members of the public relating to the accessibility of technology. This bill would also require the chief to post the results of all audits on the office’s Internet Web site. This bill would make these provisions operative only upon the Legislature making an appropriation to implement them. -(2) Existing law requires each state agency and each state entity, as those terms are defined, to have a chief information officer with specified duties relating to information technology. -This bill would specifically include ensuring compliance with state and federal laws relating to the accessibility of technology among the duties of those chief information officers.","An act to amend Section 11546.1 of, and to add Chapter 5.8 (commencing with Section 11549.20) to Part 1 of Division 3 of Title 2 of, the Government Code, relating to state government." -177,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 5.9 (commencing with Section 42360) is added to Part 3 of Division 30 of the Public Resources Code, to read: -CHAPTER 5.9. Plastic Microbeads Nuisance Prevention Law -42360. -The Legislature finds and declares all of the following: -(a) Conventional plastic does not biodegrade into elements or compounds commonly found in nature like other organic materials, but, instead, upon exposure to the elements photodegrades into smaller pieces of plastic causing land and water pollution that is virtually impossible to remediate. -(b) Plastic pollution is the dominant type of anthropogenic debris found throughout the marine environment. -(c) Plastic pollution is an environmental and human health hazard and a public nuisance. -(d) Personal care products such as facial scrubs, soaps, and toothpaste increasingly contain thousands of synthetic plastic microbeads, ranging from 50 - 500 microns, that are flushed down drains or make their way into the environment by other means as part of their intended use. -(e) Some synthetic plastic microbeads are not recoverable through wastewater treatment facilities in the state and may be released into the environment. -(f) Synthetic plastic microbeads have been found in surface waters within the United States, as well as in fish, marine mammals, and reptiles, and in the digestive and circulatory systems of mussels and worms. -(g) There are economically feasible alternatives to synthetic plastic microbeads used in personal care products, as evidenced by the current use of biodegradable, natural, abrasive materials in personal care products such as beeswax, shells, nuts, and seeds. -42361. -As used in this chapter, the following terms have the following meanings: -(a) “Person” means an individual, business, or other entity. -(b) “Personal care product” means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced to, or otherwise applied to, the human body or any part of the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance, and an article intended for use as a component of that type of article. -(c) “Synthetic plastic microbead” means an intentionally added non-biodegradable solid plastic particle measuring five millimeters in size or less in every dimension, that retains its shape during use and after disposal, and that is used to exfoliate or cleanse in a rinse-off personal care product. -42362. -On and after January 1, 2020, a person shall not sell or offer for promotional purposes in this state any personal care product containing synthetic plastic microbeads. -42363. -Section 42362 shall not apply to a person that sells or offers for promotional purposes a personal care product containing synthetic plastic microbeads in less than 1 part per million (ppm) by weight. -42364. -(a) A person who violates or threatens to violate Section 42362 may be enjoined in any court of competent jurisdiction. -(b) (1) A person who has violated Section 42362 is liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation in addition to any other penalty established by law. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. -(2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following: -(A) The nature and extent of the violation. -(B) The number of, and severity of, the violations. -(C) The economic effect of the penalty on the violator. -(D) Whether the violator took good faith measures to comply with this chapter and when these measures were taken. -(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole. -(F) Any other factor that justice may require. -(c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state. -(d) Civil penalties collected pursuant to this section shall be paid to the office of the Attorney General and are available to that office, upon appropriation by the Legislature, for the purpose of enforcing this chapter. -42365. -This chapter does not alter or diminish any legal obligation otherwise required in common law or by statute or regulation, and this chapter does not create or enlarge any defense in any action to enforce the legal obligation. Penalties and sanctions imposed pursuant to this chapter shall be in addition to any penalties or sanctions otherwise prescribed by law. -42366. -Commencing January 1, 2016, a city, county, or other local public agency shall not adopt, amend, enforce, or otherwise implement, a local ordinance, resolution, regulation, or rule relating to the sale or offering for promotional purposes of personal care products that contain synthetic plastic microbeads. -SECTION 1. -It is the intent of the Legislature to enact legislation that would prevent water pollution from synthetic plastic microbeads.","The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from discharging or releasing such a chemical into any source of drinking water, except as specified. Existing law prohibits the sale of expanded polystyrene packaging material by a wholesaler or manufacturer. Existing law prohibits a person from selling a plastic product in this state that is labeled with the term “compostable,” “home compostable,” or “marine degradable” unless, at the time of sale, the plastic product meets the applicable ASTM International standard specification. -This bill would prohibit, on and after January 1, 2020, a person, as defined, from selling or offering for promotional purposes in this state a personal care product containing synthetic plastic microbeads, as specified. The bill would exempt from those prohibitions the sale or promotional offer of a product containing less than 1 part per million (ppm) by weight of synthetic plastic microbeads, as provided. -The bill would make a violator liable for a civil penalty not to exceed $2,500 per day for each violation. The bill would authorize the penalty to be assessed and recovered in a civil action brought in any court of competent jurisdiction by the Attorney General, to be retained by that office. The bill would make these moneys available to the office of the Attorney General, upon appropriation, for the purpose of enforcing these provisions. The bill would prohibit a city, county, or other local public agency from adopting, amending enforcing, or otherwise implementing an ordinance, resolution, regulation, or rule relating to the sale or offering for promotional purposes of personal care products that contain synthetic plastic microbeads. -The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from discharging or releasing such a chemical into any source of drinking water, except as specified. -This bill would declare the intent of the Legislature to enact legislation that would prevent water pollution from synthetic plastic microbeads.","An act relating to waste management. -An act to add Chapter 5.9 (commencing with Section 42360) to Part 3 of Division 30 of the Public Resources Code, relating to waste management." -178,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 22358.4 of the Vehicle Code is amended to read: -22358.4. -(a) (1) -Whenever -If -a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by paragraph (2) of subdivision (a) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey. -(2) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. -(b) (1) Notwithstanding subdivision (a) or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows: -(A) A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than -500 -1,320 -feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per -hour, while children are going to or leaving the school, either during school hours or during the noon recess period. -hour. -The prima facie limit shall also apply when approaching, at a distance of less than 500 feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier -while the grounds are in use by children -and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour. -(B) A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to -1,000 -1,320 -feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per -hour, while children are going to or leaving the school, either during school hours or during the noon recess period. -hour. -The prima facie limit shall also apply when approaching, at a distance of 500 to -1,000 -1,320 -feet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier -while the grounds are in use by children -and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour. -(2) The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions: -(A) A maximum of two traffic lanes. -(B) A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone. -(3) The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel. -(4) When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration. -(5) (A) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. -(B) For purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to -500 -1,320 -feet away from school grounds. -(C) For purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and -1,000 -1,320 -feet away from the school grounds. -(D) A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision. -(E) Notwithstanding the maximum distance established in this section, a local authority may, upon the basis of an engineering and travel survey documenting school attendance boundaries or travel patterns to and from a school, or both, extend the maximum distance to establish a prima facie speed limit and school warnings signs, as defined in this section, to a distance or specific locations, or both, consistent with the findings of the travel survey. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law establishes a 25 miles per hour prima facie limit when approaching or passing a school building or the grounds thereof, contiguous to a highway and posted up to 500 feet away from the school grounds, with a standard “SCHOOL” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit also applies when approaching or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard “SCHOOL” warning sign. A violation of that prima facie limit is an infraction. -Existing law additionally allows a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 15 miles per hour prima facie limit when approaching, at a distance of less than 500 feet from, or passing, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit would also apply when approaching, at that same distance, or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with one of those signs. -Existing law additionally allows a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 25 miles per hour prima facie speed limit when approaching at a distance of 500 to 1,000 feet from a school building or grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit would also apply when approaching, at that same distance, or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with one of those signs. -This bill would allow a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 15 miles per hour prima facie speed limit when approaching, at a distance of less than 1,320 feet from, or passing, a school building or grounds thereof, contiguous of to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour 24 hours a day. This bill would provide that a 25 miles per hour prima facie limit in a residence district, on a highway, with a posted speed limit of 30 miles per hour or slower, applies, as to those local authorities, when approaching, at a distance of 500 to 1,320 feet from a school building or grounds thereof. This bill would also authorize a local authority, on the basis of an engineering and traffic survey, to extend the maximum distance to establish a prima facie speed limit and school warning signs, as specified. This bill would also allow the 15 miles per hour or 25 miles per hour prima facie speed limit to apply 24 hours a day. -By authorizing a change in the prima facie limits, the bill would expand the scope of an existing crime, thereby imposing a state-mandated local program. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 22358.4 of the Vehicle Code, relating to vehicles." -179,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 94858 of the Education Code is amended to read: -94858. -“Private postsecondary educational institution” means a private entity with a physical presence in this state that offers postsecondary education to the public for an institutional -charge. -charge, or, to the extent authorized by federal law, an accredited private entity with no physical presence in this state that offers and awards degrees to the public in this state by means of distance education for an institutional charge if it does not participate in a regional state authorization reciprocity agreement entered into or recognized by the state pursuant to Chapter 1.2 (commencing with Section 99010) of Part 65 of Division 14. -SEC. 2. -Chapter 1.2 (commencing with Section 99010) is added to Part 65 of Division 14 of Title 3 of the Education Code, to read: -CHAPTER 1.2. State Authorization Reciprocity Agreement -99010. -(a) The purpose of this chapter is to provide protection for California students enrolled in distance education programs across state boundaries and to encourage the growth and utilization by in-state students of quality online distance education offerings by accredited degree-granting colleges and universities. -(b) This chapter provides the mechanism for California colleges and universities to participate in limited interstate reciprocity among states, including through the Western Interstate Commission for Higher Education State Authorization Reciprocity Agreement. -(c) Reciprocity agreements authorized by this chapter are needed to allow institutions to be authorized to offer distance education to students in all states and United States territories because postsecondary education is controlled by the states and each state charters or licenses colleges and universities separately. -99011. -The following terms, for purposes of this chapter, shall have the following meanings: -(a) “Accredited” means an institution is accredited by an accrediting agency recognized by the United States Department of Education. -(b) “Bureau” means the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. -(c) “Participating postsecondary institution” means an institution with a physical presence in this state that has been approved to operate under a regional state authorization reciprocity agreement. -(d) “Postsecondary institution” means any accredited, degree-granting public or private university or college with a physical presence in this state and any accredited community college with a physical presence in this state. -(e) “State authorization reciprocity agreement” means a compact between this state and one or more other states to permit distance education in a state in which a provider does not have a regulated physical presence if the provider has a physical presence and is authorized to operate in another state subject to the agreement. -99012. -(a) The Department of Consumer Affairs may enter into a regional state authorization reciprocity agreement with other states through a compact on behalf of this state. -(b) Before entering into a compact authorized by subdivision (a), the Bureau shall establish a process to ensure that educational institutions exempt from the California Private Postsecondary Act of 2009 pursuant to Section 94874, may participate in the state authorization reciprocity agreement without impacting their exempt status. -(c) For the purposes of establishing and implementing the state authorization reciprocity agreement, the Bureau shall enter into a memorandum of understanding with the President of the University of California, the Chancellor of the California State University, the Chancellor of the California Community Colleges, and the presidents of the independent California colleges and universities as represented by the state association representing the largest number of those members. This memorandum of understanding shall not weaken existing student privacy and confidentiality protections. -(d) The Bureau may establish a reasonable fee to be paid to the Department of Consumer Affairs by a participating postsecondary institution pursuant to this section. The amount of the fee shall be established to recover designated expenses incurred by the Department of Consumer Affairs in administering the provisions of this section. -SECTION 1. -Section 66027.6 is added to the -Education Code -, to read: -66027.6. -The Governor is authorized to enter into an interstate reciprocity agreement for purposes of oversight of postsecondary educational institutions offering postsecondary education in states in which they maintain no physical presence, provided that the agreement ensures that students enrolled in private postsecondary educational institutions without a physical presence in this state that are not independent institutions, as defined in subdivision (b) of Section 66010, are provided at least with a similar level of consumer protection as would be provided if the institutions were regulated by the Bureau for Private Postsecondary Education.","Under existing law, the segments of postsecondary education in this state include the University of California, the California State University, the California Community Colleges, independent institutions of higher education, and private postsecondary educational institutions. -Existing law, the California Private Postsecondary Education Act of 2009, provides, among other things, for student protections and regulatory oversight of private postsecondary institutions in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. The act exempts specified institutions from its provisions, does not apply to private postsecondary educational institutions that do not maintain a physical presence in the state, and is repealed on January 1, 2017. -The act defines “private postsecondary educational institution” for these purposes. -This bill would authorize the Governor to enter into an interstate reciprocity agreement for purposes of oversight of postsecondary educational institutions offering postsecondary education in states in which they maintain no physical presence, as specified. -This bill would, to the extent authorized by federal law, apply the act to an accredited private entity with no physical presence in this state that offers and awards degrees to the public in this state by means of distance education for an institutional charge if the entity does not participate in a regional state authorization reciprocity agreement entered into or recognized by the state pursuant to specified law. The bill would authorize the Department of Consumer Affairs to enter into a regional state authorization reciprocity agreement with other states through a compact on behalf of this state. The compact would provide that an entity regulated in one member state would be able to provide distance education in other member states. The bill would require the bureau, before entering into a compact, to establish a process to ensure that certain educational institutions that are exempt from the act may participate in the state authorization reciprocity agreement without impacting their exempt status. The bill would require the bureau to enter into a memorandum of understanding with certain educational officials for the purpose of establishing and implementing the state authorization reciprocity agreement, as specified. The bill would authorize the bureau to establish a reasonable fee to be paid to the Department of Consumer Affairs by a participating postsecondary institution, as specified.","An act to -amend Section 94858 of, and to -add -Section 66027.6 to -Chapter 1.2 (commencing with Section 99010) to Part 65 of Division 14 of Title 3 of, -the Education Code, relating to postsecondary education." -180,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) In August 2009, Governor Arnold Schwarzenegger signed Senate Bill 670 (Chapter 62 of the Statutes of 2009) which established a temporary ban on the use of vacuum or suction dredge equipment until after the Department of Fish and Wildlife completed a court-ordered environmental review of its related permitting program and existing regulations. -(b) In July 2011, Governor Schwarzenegger signed Assembly Bill 120 (Chapter 133 of the Statutes of 2011), extending the prohibition on the use of vacuum or suction dredge equipment to June 2016 or, if earlier, until the Director of Fish and Wildlife certified five conditions to the Secretary of State, including completion of the court-ordered environmental review, the adoption of and operation of any updated regulations implementing Section 5653 of the Fish and Game Code, full mitigation of all identified significant environmental effects, and the existence of a permit fee structure that would fully cover all costs incurred by the department to administer its permitting program. -(c) In March 2012, the Department of Fish and Wildlife completed the court-ordered environmental review and rulemaking effort, certifying the environmental impact report and adopting updated regulations to implement and administer its related permitting program pursuant to Section 5653 of the Fish and Game Code. In certifying the environmental impact report and adopting the regulations, the department found, for purposes of the California Environmental Quality Act (CEQA), that, among other things, significant effects on the environment had to be mitigated to the extent feasible consistent with enabling statutory authority directing the department to promulgate the updated regulations, but the use of vacuum or suction dredging equipment to extract minerals would result in various significant and unavoidable environmental effects beyond the substantive reach of the department in promulgating the regulations. The department considers the environmental impact report it certified in March 2012 to be the most comprehensive, technical review of suction dredge mining ever prepared in California. -(d) As to significant and unavoidable effects, in March 2012, the Department of Fish and Wildlife determined, for purposes of CEQA, that the use of vacuum or suction dredge equipment, consistent with the updated regulations implementing Section 5653 of the Fish and Game Code, could result in effects associated with the following: -(1) The resuspension and discharge of mercury and trace metals. -(2) Turbidity and total suspended sediment. -(3) Substantial adverse changes, when considered statewide, in the significance of historical and unique archaeological resources. -(4) Riparian habitat of special status passerines. -(5) Effects on nonfish wildlife species and their habitat. -(6) Exposure of the public to noise levels in excess of city or county standards. -(e) In June 2012, Governor Brown signed Senate Bill 1018 (Chapter 39 of the Statutes of 2012), which eliminated the sunset provision from Assembly Bill 120. Senate Bill 1018 also directed the department to consult with various agencies and to provide recommendations to the Legislature by April 1, 2013, regarding statutory changes or authorizations necessary for the department to promulgate suction dredge regulations. Those recommendations were to include ways to fully mitigate all identified significant environmental impacts and a fee structure to cover the department’s costs of administering the program. -(f) On April 1, 2013, the department submitted the required report to the Legislature. The report provides specific recommendations for statutory amendments necessary to modernize the regulation of suction dredge mining under the Fish and Game Code, and reflects the department’s efforts to consult with, and includes related additional recommendations from, various other state agencies, including the State Water Resources Control Board. The State Water Resources Control Board in its related letter appended to the department’s report emphasized that the State Water Resources Control Board and its sister agencies, the regional water quality control boards, are tasked with the protection, control, and utilization of all waters of the state and may regulate any activity or factor that may affect water quality. -(g) In January 2015, the California Supreme Court granted a petition for review to consider whether the federal Mining Act of 1872 (30 U.S.C. Sec. 22 et seq.) preempts Sections 5653 and 5653.1 of the Fish and Game Code with respect to the use of vacuum and suction dredging equipment (People v. Rinehart, Case No. S222620). -(h) Given the importance of protecting the water supply for all Californians from degradation, the need to protect what is left of California native cultural sites, and the value of protecting the state’s wildlife, it is urgent that the Legislature act immediately to clarify the laws regulating suction dredge mining and other related forms of small scale motorized gold mining in the state’s streams and waterways. -SEC. 2. -Section 5653 of the Fish and Game Code is amended to read: -5653. -(a) The use of vacuum or suction dredge equipment by a person in a river, stream, or lake of this state is prohibited, except as authorized under a permit issued to that person by the department in compliance with the regulations adopted pursuant to Section 5653.9. Before a person uses vacuum or suction dredge equipment in a river, stream, or lake of this state, that person shall submit an application to the department for a permit to use the vacuum or suction dredge equipment, specifying the type and size of equipment to be used and other information as the department may require pursuant to regulations adopted by the department to implement this section. -(b) (1) The department shall not issue a permit for the use of vacuum or suction dredge equipment until the permit application is deemed complete. A complete permit application shall include any other permit required by the department and one of the following, as applicable: -(A) A copy of waste discharge requirements or a waiver of waste discharge requirements issued by the State Water Resources Control Board or a regional water quality control board in accordance with Division 7 (commencing with Section 13000) of the Water Code. -(B) A copy of a certification issued by the State Water Resources Control Board or a regional water quality control board and a permit issued by the United States Army Corps of Engineers in accordance with Sections 401 and 404 of the Federal Water Pollution Control Act (33 U.S.C. Secs. 1341 and 1344, respectively) to use vacuum or suction dredge equipment. -(C) If the State Water Resources Control Board or the appropriate regional water quality control board determines that waste discharge requirements, a waiver of waste discharge requirements, or a certification in accordance with Section 1341 of Title 33 of the United States Code is not necessary for the applicant to use of vacuum or suction dredge equipment, a letter stating this determination signed by the Executive Director of the State Water Resources Control Board, the executive officer of the appropriate regional water quality control board, or their designee. -(c) Under the regulations adopted pursuant to Section 5653.9, the department shall designate waters or areas wherein vacuum or suction dredge equipment may be used pursuant to a permit, waters or areas closed to the use of that equipment, the maximum size of the vacuum or suction dredge equipment that may be used, and the time of year when the equipment may be used. If the department determines, pursuant to the regulations adopted pursuant to Section 5653.9, that the use of vacuum or suction dredge equipment does not cause any significant effects to fish and wildlife, it shall issue a permit to the applicant. If a person uses vacuum or suction dredge equipment other than as authorized by a permit issued by the department consistent with regulations implementing this section, that person is guilty of a misdemeanor. -(d) (1) Except as provided in paragraph (2), the department shall issue a permit upon the payment, in the case of a resident, of a base fee of twenty-five dollars ($25), as adjusted under Section 713, when an onsite investigation of the project size is not deemed necessary by the department, and a base fee of one hundred thirty dollars ($130), as adjusted under Section 713, when the department deems that an onsite investigation is necessary. Except as provided in paragraph (2), in the case of a nonresident, the base fee shall be one hundred dollars ($100), as adjusted under Section 713, when an onsite investigation is not deemed necessary, and a base fee of two hundred twenty dollars ($220), as adjusted under Section 713, when an onsite investigation is deemed necessary. -(2) The department may adjust the base fees for a permit described in this subdivision to an amount sufficient to cover all reasonable costs of the department in regulating suction dredging activities. -(e) It is unlawful to possess a vacuum or suction dredge in areas, or in or within 100 yards of waters, that are closed to the use of vacuum or suction dredges. -(f) A permit issued by the department under this section shall not authorize an activity in violation of other applicable requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment, including those adopted by the State Water Resources Control Board or a regional water quality control board. The department, the State Water Resources Control Board, and the regional water quality control boards shall make reasonable efforts to share information among the agencies regarding potential violations of requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment. -(g) For purposes of this section and Section 5653.1, the use of vacuum or suction dredge equipment, also known as suction dredging, is the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals. This section and Section 5653.1 do not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold. -SEC. 3. -Section 13172.5 is added to the Water Code, to read: -13172.5. -(a) For purposes of this section, the use of any vacuum or suction dredge equipment, also known as suction dredging, is the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals. This section does not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold. -(b) In order to protect water quality, the state board or a regional board may take one or more of the following actions: -(1) Adopt waste discharge requirements or a waiver of waste discharge requirements that, at a minimum, address the water quality impacts of each of the following: -(A) Mercury loading to downstream reaches of surface water bodies affected by the use of vacuum or suction dredge equipment. -(B) Methylmercury formation in water bodies. -(C) Bioaccumulation of mercury in aquatic organisms. -(D) Resuspension of metals. -(2) Specify certain conditions or areas where the discharge of waste or other adverse impacts on beneficial uses of the waters of the state from the use of vacuum or suction dredge equipment is prohibited, consistent with Section 13243. -(3) Prohibit any particular use of, or methods of using, vacuum or suction dredge equipment, or any portion thereof, for the extraction of minerals that the state board or a regional board determines generally cause or contribute to an exceedance of applicable water quality objectives or unreasonably impact beneficial uses. -(c) (1) Before determining what action to take pursuant to subdivision (b), the state board shall solicit stakeholder input by conducting public workshops in the vicinity of the cities of San Bernardino, Fresno, Sacramento, and Redding. A regional board considering independent action pursuant to subdivision (b) shall solicit stakeholder input by conducting at least one public workshop in that board’s region. To promote participation in the public workshops, the state board or regional board shall proactively reach out to mining groups, environmental organizations, and California Native American tribes, as defined in Section 21073 of the Public Resources Code. -(2) Before taking a proposed action pursuant to subdivision (b), the state board or regional board shall conduct at least one public hearing regarding that proposed action pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). -(3) To avoid duplication of efforts between the state board and a regional board of a public workshop or public hearing that covers the same regional area, the state board and a regional board may work in collaboration to share information obtained through the public workshops or public hearing. -SEC. 4. -The Legislature also finds and declares that, except for water quality, after complying with the Governor’s Executive Order B-10-11 regarding tribal consultation and additional consultation requirements pursuant to Chapter 532 of the Statutes of 2014, also known as Assembly Bill 52 (Gatto), the Department of Fish and Wildlife may determine, for purposes of Section 5653.1 of the Fish and Game Code, that significant environmental impacts to resources other than fish and wildlife resources caused by the use of vacuum or suction dredge equipment for the extraction of minerals are fully mitigated if a regulation adopted by the department to implement and interpret Section 5653 of the Fish and Game Code requires compliance with other laws and provides, in part, that nothing in a permit or amended permit issued by the department relieves the permittee of responsibility to comply with all applicable federal, state, or local laws or ordinances.","Existing law prohibits the use of any vacuum or suction dredge equipment by any person in any river, stream, or lake of this state without a permit issued by the Department of Fish and Wildlife. Existing law requires, before any person uses any vacuum or suction dredge equipment in any river, stream, or lake of this state, that person to submit an application for a permit for a vacuum or suction dredge to the department specifying certain information. Existing law requires the department to issue a permit, if the department determines that the use of a vacuum or suction dredge will not be deleterious to fish, upon the payment of a specified fee. Existing law designates the issuance of permits to operate vacuum or suction dredge equipment to be a project under the California Environmental Quality Act and suspends the issuance of permits and mining pursuant to a permit until the department has completed an environmental impact report for the project as ordered by the court in a specified court action. Existing law prohibits the use of any vacuum or suction dredge equipment in any river, stream, or lake of this state until the Director of Fish and Wildlife makes a prescribed certification to the Secretary of State, including certifying that new regulations fully mitigate all identified significant environmental impacts and that a fee structure is in place that will fully cover all costs to the department related to the administration of the program. -This bill would require the department to issue a permit if the department determines that the use does not cause any significant effects to fish and wildlife and would authorize the department to adjust the specified fee to an amount sufficient to cover all reasonable costs of the department in regulating suction dredging activities. This bill would prohibit the department from issuing a permit until the permit application is deemed complete, as prescribed. The bill would prohibit the permit from authorizing any activity in violation of other applicable requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment, and would require the department, the State Water Resources Control Board, and the regional water quality control boards to make reasonable efforts to share information among the agencies regarding potential violations of requirements, conditions, or prohibitions. -Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the Federal Water Pollution Control Act and the Porter-Cologne Water Quality Control Act (state act). The state act, with certain exceptions, requires a waste discharger to file certain information with the appropriate regional board and to pay an annual fee. The state act additionally requires a person, before discharging mining waste, to submit to the regional board a report on the physical and chemical characteristics of the waste that could affect its potential to cause pollution or contamination and a report that evaluates the potential of the mining waste discharge to produce acid mine drainage, the discharge or leaching of heavy metals, or the release of other hazardous substances. -This bill would, after prescribed public hearings and workshops, as specified, authorize the state board or a regional board to adopt waste discharge requirements or a waiver of waste discharge requirements that address water quality impacts of specified issues, specify certain conditions or areas where the discharge of waste or other adverse impacts on beneficial uses of the waters of the state from the use of vacuum or suction dredge equipment is prohibited, or prohibit particular use of, or methods of using, vacuum or suction dredge equipment, or any portion thereof, for the extraction of minerals, as specified. -The bill would specify that the use of vacuum or suction dredge equipment is defined as the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals.","An act to amend Section 5653 of the Fish and Game Code, and to add Section 13172.5 to the Water Code, relating to dredging." -181,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California’s vision to create fulfilling lives for individuals with developmental disabilities launched in 1969 with the passage of the Lanterman Developmental Disabilities Services Act, authored by Assembly Member Frank Lanterman and signed by Governor Ronald Reagan. However, the Lanterman Act’s vision is now threatened by neglect of the community service system and wasteful spending on outdated state institutions. -(b) State-operated institutions known as developmental centers consume a disproportionate share of state spending. The developmental center budget totals over $563 million for the 2014–15 fiscal year, or $504,000 for each of the roughly 1,100 developmental center residents in those centers. Compare this to the average of $17,000 spent on each of the 280,000 individuals with developmental disabilities that reside and receive services in the community. -(c) Additionally, the developmental center system is plagued with health and safety problems that threaten the well-being of residents. The Sonoma Developmental Center lost its federal certification in 2012 due to significant health and safety violations, which not only harmed residents but also resulted in the loss of millions of dollars annually in federal funds. The other developmental centers are also facing the possibility of decertification based on violations of federal health and safety standards. -(d) The Legislature finds that it would not be prudent to continue spending state funds in a potentially futile effort to restore decertified residential units to good standing. Instead, residents of units that do not meet health and safety standards would be better served by receiving priority for transferring to community-based residences with appropriate services and supports. -(e) The closure process for the Agnews Developmental Center, which moved out its last resident in 2009, began in 2003. The closure process for the Lanterman Developmental Center took over four years. While care and caution were essential to ensure that residents found suitable housing and services in their communities, closing these facilities took more time than necessary to achieve those goals. -(f) The State Department of Developmental Services conducted an extensive stakeholder process known as the Developmental Services Task Force that produced a roadmap in January 2014 for the future of the developmental center system. It is the intent of the Legislature to carry out the principles reflected in that roadmap. -(g) It is essential that California recommit itself to vibrant and sustainable community services that will maximize opportunities for disabled individuals to thrive in their own neighborhoods. The Legislature intends to close additional developmental centers and shift the funds now being spent ineffectively for developmental center operations to shore up the community services system instead. -SEC. 2. -Section 4474.6 is added to the Welfare and Institutions Code, to read: -4474.6. -(a) The department shall submit a plan to the Legislature by April 1, 2016, to close the Sonoma Developmental Center and the Fairview Developmental Center. The plan shall meet the requirements of Section 4474.1 and shall additionally include, but is not limited to, all of the following components: -(1) A closure plan that will result in each of the two developmental centers closing no later than December 31, 2018. If the department concludes that it is not feasible to close the two developmental centers by that date, the plan shall provide a detailed rationale for that conclusion and a revised date for closure of each of the two centers. The revised date shall not be later than December 31, 2019. -(2) A plan to reduce developmental center staff in an efficient manner that facilitates shifting funds from developmental center operations to community services as warranted by the transition of the developmental center population to the community. -(3) A plan for using the properties occupied by the two developmental centers to benefit the developmentally disabled community on an ongoing basis. The department shall work with the Department of General Services to estimate potential revenues that may be generated from different options for use of the properties. These options shall include, but may not be limited to, the following: -(A) Providing ongoing revenues to support community-based services through lease or rental agreements between the Department of Developmental Services and private entities, local governments, or other state departments. -(B) Developing community-based, integrated housing resources for use by individuals with developmental disabilities in a manner similar to the Harbor Village development located adjacent to the Fairview Developmental Center. -(C) Other proposals for commercial development that would provide ongoing revenues to the state for purposes of supporting community-based services for individuals with developmental disabilities. -(b) The plan described in subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. -SEC. 3. -Section 4474.7 is added to the Welfare and Institutions Code, to read: -4474.7. -(a) It is the intent of the Legislature that the department minimize the expenditure of state funds related to any developmental center residential units that are decertified for failure to meet federal or state health and safety laws or regulations or that receive notification from a state or federal regulator that they are at risk of decertification for failure to meet of those laws or regulations. The department shall instead give residents of any of those units priority for moving to a community-based resid","Existing law vests in the State Department of Developmental Services jurisdiction over state hospitals referred to as developmental centers for the provision of residential care to individuals with developmental disabilities. Existing law requires the department to comply with procedural requirements when closing a developmental center, including submitting a detailed plan to the Legislature and holding at least one public hearing. Under existing law, the department allocates funds to private nonprofit entities known as regional centers, which are required to provide, or arrange for the provision of, services and supports for persons with developmental disabilities. -This bill would require the department to submit a plan to the Legislature by April 1, 2016, to close the Sonoma Developmental Center and the Fairview Developmental Center. The bill would require the plan to meet existing requirements for closing a developmental center and to additionally include, specified components, including a closure plan that will result in each of the 2 developmental centers closing no later than December 31, 2018, except as specified. The bill would also require the plan to include a plan for using the properties occupied by the 2 developmental centers, as specified, and would require the department to work with the Department of General Services to estimate potential revenues that may be generated from different options for use of the properties. -The bill would state the intent of the Legislature that the department minimize the expenditure of state funds related to any developmental center residential units that are decertified for failure to meet federal or state health and safety laws or regulations or that receive notification from a state or federal regulator that they are at risk of decertification for failure to meet those laws or regulations, and that funds previously used to operate developmental centers instead be shifted to support community-based services for individuals with developmental disabilities.","An act to add Sections 4474.6 and 4474.7 to the Welfare and Institutions Code, relating to developmental services." -182,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Persons with developmental disabilities have to struggle to find gainful employment. Statewide unemployment among people with developmental disabilities of working age is approximately 90 percent. -(b) According to the Employment Development Department, the average annual earnings of employed persons with developmental disabilities is approximately five thousand five hundred dollars ($5,500). -(c) Within the community of people with developmental disabilities, people diagnosed with autism are the fastest growing population, making up approximately 50 percent of the annual new caseload of regional centers in some areas of the state. -(d) Seven years after exiting the K-12 school system, one in three adults with autism still does not have paid work experience or a college or technical education. -(e) Nationally recognized employment internship training models like Project SEARCH have demonstrated that many people with developmental disabilities can be successfully employed in jobs that earn a living wage. -(f) The key elements of successful programs like Project SEARCH are: -(1) The opportunity for people with developmental disabilities to be exposed to real work through internships. -(2) The opportunity for people with developmental disabilities to receive on-the-job customized training and support during internships. -(3) The opportunity for employers, in an internship setting, to experience firsthand the quality of work of a person with a developmental disability. -(g) The existing state hiring process for people with disabilities, known as the Limited Examination and Appointment Program, or LEAP, is not well suited to correctly assess the qualifications and abilities of many people with developmental disabilities because it relies on written testing as an assessment tool and is not performance based. As a result, very few people with developmental disabilities are represented in the state workforce. -(h) The Governor and the Legislature must address the lack of access people with developmental disabilities have to employment opportunities with the State of California and take steps to become a “model employer” to demonstrate the potential of this untapped workforce. -(i) In enacting this measure, the Legislature intends to create more access to state employment for people with developmental disabilities by allowing successful internship performance in a state agency, in lieu of a written test, to serve as meeting the minimum qualifications for consideration for hire into an entry-level position with the State of California. The Legislature further intends to grant flexibility to state agencies to hire persons with developmental disabilities who meet specific needs of those agencies into entry-level positions without requiring those persons to be able to perform the full range of tasks typically required by the entry-level job classification. -(j) The Legislature intends that these model employer practices be targeted at people with developmental disabilities who are between 18 and 30 years of age and are deemed eligible by the Department of Rehabilitation to receive supported employment services. If this population is left without purposefully designed pathways to employment, these young adults will remain at a high risk of public dependency throughout the course of their lives. -SEC. 2. -Section 19240 of the Government Code is amended to read: -19240. -(a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service. -(b) For purposes of this article, the following terms have the following meanings: -(1) “Developmental disability” has the definition set forth in Section 4512 of the Welfare and Institutions Code. -(2) “Disability” has the definition set forth in Section 12926, as that section presently reads or as it subsequently may be amended. -(3) “LEAP” means the Limited Examination and Appointment Program implemented and administered by the department pursuant to this chapter. -(4) “Person with a developmental disability” means a person who the State Department of Developmental Services deems eligible for services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and who is a consumer of a regional center pursuant to Chapter 5 (commencing with Section 4620) of the act. -(c) Notwithstanding subdivision (b), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of persons with a mental or physical disability, as defined in subdivision (b), then that broader protection shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definition in subdivision (b). The definition of “disability” contained in subdivision (b) shall not be deemed to refer to or include conditions excluded from the federal definition of “disability” pursuant to Section 511 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211). -(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. -SEC. 3. -Section 19240 is added to the Government Code, to read: -19240. -(a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service. -(b) “Disability” for the purposes of this article has the definition set forth in Section 12926, as that section presently reads or as it subsequently may be amended. -(c) Notwithstanding subdivision (b), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental or physical disability, as defined in subdivision (b), then that broader protection shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definition in subdivision (b). The definition of “disability” contained in subdivision (b) shall not be deemed to refer to or include conditions excluded from the federal definition of “disability” pursuant to Section 511 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211). -(d) This section shall become operative on January 1, 2021. -SEC. 4. -Section 19241 of the Government Code is amended to read: -19241. -(a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, the creation of a LEAP internship program for persons with developmental disabilities in coordination with the State Department of Developmental Services and the Department of Rehabilitation, and appointment and appeals procedures. -(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. -SEC. 5. -Section 19241 is added to the Government Code, to read: -19241. -(a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, and appointment and appeals procedures. -(b) This section shall become operative on January 21, 2021. -SEC. 6. -Section 19241.5 is added to the Government Code, to read: -19241.5. -(a) This chapter establishes the Limited Examination and Appointment Program as a voluntary, additional method of applying for state employment and is not a mandate on any state agency employer or job applicant except to the extent specifically directed by the board. -(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. -SEC. 7. -Section 19242 of the Government Code is amended to read: -19242. -(a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate. -(b) (1) The department or its designee shall permit a person with a developmental disability to choose to complete a written examination or readiness evaluation, or to complete an internship as described in subparagraphs (A) and (B), in order to qualify for service in a position under the Limited Examination and Appointment Program. The use of an internship as a competitive examination of a person with a developmental disability shall consist of both of the following: -(A) Successful completion of an internship with a state agency of at least 512 hours in duration. -(B) Certification by the state agency that the employee has completed the internship and has demonstrated the skills, knowledge, and abilities necessary to successfully perform the requirements of the position. -(2) A person with a developmental disability who successfully completes the examination or internship required by this subdivision is deemed to meet the minimum qualifications, as determined by the board, for the position in which the internship was performed. -(c) Examination results may be ranked or unranked. -(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. -SEC. 8. -Section 19242 is added to the Government Code, to read: -19242. -(a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate. Examination results may be ranked or unranked. -(b) This section shall become operative on January 1, 2021. -SEC. 9. -Section 19242.05 is added to the Government Code, immediately following Section 19242, to read: -19242.05. -(a) The LEAP internship program created in accordance with Section 19241 shall be designed to allow persons with developmental disabilities to meet the minimum qualifications of the LEAP classification to which he or she seeks an examination appointment. The length of a LEAP internship shall be for a minimum period of 512 working hours. -(b) A person with a developmental disability who successfully completes a LEAP internship upon certification by the appointing power shall be considered as meeting the referral requirements necessary to be eligible for an examination appointment, as specified in Section 19242.2, without being required to pass a written examination or readiness evaluation. -(c) The LEAP internship program may be accessed as an unpaid or paid internship if the state agency providing the internship has available funding authority within its personnel budget. -(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. -SEC. 10. -Section 19242.2 of the Government Code is amended to read: -19242.2. -(a) The department or its designee shall refer the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. Notwithstanding any other provision of law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers. -(b) (1) The department or its designee shall refer the names of persons with developmental disabilities to appointing powers for selection for participation in an internship examination as set forth in subdivision (b) of Section 19242. -(2) The department or its designee may refer the names of persons with developmental disabilities who have successfully completed an internship examination to appointing powers for consideration for appointment in the same job classification as the position in which the applicant successfully completed his or her internship. -(3) The department may prescribe the method for referring names to appointing powers, including, but not limited to, working with the appointing power to identify positions that could successfully be filled by persons with developmental disabilities. -(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. -SEC. 11. -Section 19242.2 is added to the Government Code, to read: -19242.2. -(a) The department or its designee shall refer the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. Notwithstanding any other provision of law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers. -(b) This section shall become operative on January 1, 2021. -SEC. 12. -Section 19242.3 is added to the Government Code, to read: -19242.3. -(a) A state agency that provides an internship to a person with a developmental disability or appoints a person with a developmental disability to a position under the Limited Examination and Appointment Program may finance the internship or position with personnel or any other funds available for this purpose and assigned to a vacant or unfilled position. A state agency that transfers funds from a vacant or unfilled position pursuant to this section does not eliminate the vacant or unfilled position, and may return or assign funds to fill the position. -(b) (1) A state agency that provides an internship to a person with a developmental disability or appoints a person with a developmental disability to a position under the Limited Examination and Appointment Program shall allow the person to receive on-the-job support, as determined by the Department of Rehabilitation or the State Department of Developmental Services pursuant to existing rules and the service authorization of those supported employment programs, as a reasonable accommodation for the person’s disability. -(2) On-the-job supportive services, in addition to the services set forth in subdivision (q) of Section 4851 of the Welfare and Institutions Code, may consist of, but need not be limited to, time spent with a job coach on any of the following: -(A) Conducting job analysis, specific training, and supervision of the intern while the intern is engaged in his or her internship. -(B) Conducting skills-building training, including, but not limited to, adaptive functional and social skills training and support as necessary to ensure internship adjustment. -(C) Working with families and other support networks to ensure internship adjustment. -(D) Evaluation of performance of the intern, including, but not limited to, communication with the internship supervisor. -(3) The services of the job coach are not the responsibility of the state agency providing the internship, unless the agency is otherwise the direct payor of those services. -(4) In order for the internship to meet the minimum qualifications of the desired position, the internship shall be successfully completed, as set forth in subdivision (b) of Section 19242, in the same job classification as the position the person is applying for. -(5) If a job examination period is required prior to the permanent hiring of a qualified person with a developmental disability, the appointing authority may apply some or all of the internship hours performed to meet some or all of the job examination period requirement. -(6) On-the-job supportive services are allowable to the extent authorized by other state programs and are not the financial or programmatic responsibility of any state agency engaged in establishing the LEAP internship process. -(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.","Existing law requires the Department of Human Resources to administer the Limited Examination and Appointment Program (LEAP) to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil services. Existing law requires the department to conduct competitive examinations to determine eligibility for appointment under LEAP and to refer the names of eligible applicants who meet the minimum qualifications of a job classification to the appointing powers for examination appointments, as specified. -This bill would permit a person with a developmental disability to either complete a written examination or readiness evaluation or an internship, as specified, to qualify for service under LEAP. The bill would require that the use of an internship as a competitive examination in this context consist of a successful completion of an internship with a state agency of not less than 512 hours in duration and a specified certification by the agency. The bill would require the department to refer the names of eligible applicants who successfully complete the internship to the appointing powers for examination appointments. The bill would require the department to create that internship program in coordination with the State Department of Developmental Services and the Department of Rehabilitation, as specified. The bill would require a state agency that provides the internship or appoints a person with a developmental disability to a position under LEAP to allow that person to receive on-the-job support. The bill would authorize an agency to finance the internship or position with personnel funds or other available funds assigned to a vacant or unfilled position, as specified, but would provide that on-the-job support services are not the financial or programmatic responsibility of any state agency engaged in establishing the LEAP internship process. The bill would specify that LEAP is not a mandate on any state agency employer or job applicant except to the extent specifically directed by the State Personnel Board. The bill would repeal these provisions on January 1, 2021.","An act to amend, repeal, and add Sections 19240, 19241, 19242, and 19242.2 of, and to add and repeal Sections 19241.5, 19242.05, and 19242.3 of, the Government Code, relating to state employment." -183,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 8482.3 of the Education Code is amended to read: -8482.3. -(a) The After School Education and Safety Program shall be established to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The specific grades to be served by a program at participating schools may be determined in accordance with local needs. -(b) A program may operate a before school component of a program, an after school component, or both the before and after school components of a program, on one or multiple schoolsites. If a program operates at multiple schoolsites, only one application shall be required for its establishment. -(c) (1) Each component of a program established pursuant to this article shall consist of the following two elements: -(A) An educational and literacy element in which tutoring or homework assistance is provided in one or more of the following areas: language arts, mathematics, history and social science, computer training, or science. -(B) An educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities. -(2) Notwithstanding any other provision of this article, the majority of the time spent by a pupil who is in kindergarten or any of grades 1 to 9, inclusive, and who is participating in a career technical education element of a program established pursuant to this article shall be at a site that complies with Section 8484.6. -(d) (1) Applicants shall agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part 27 of Division 4 of Title 2. -(2) Applicants shall agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agriculture’s at-risk afterschool meal component of the Child and Adult Care Food Program (42 U.S.C. Sec. 1766). -(e) Applicants for programs established pursuant to this article may include any of the following: -(1) A local educational agency, including, but not limited to, a charter school, the California School for the Deaf (northern California), the California School for the Deaf (southern California), and the California School for the Blind. -(2) A city, county, or nonprofit organization in partnership with, and with the approval of, a local educational agency or agencies. -(f) Applicants for grants pursuant to this article shall ensure that each of the following requirements is fulfilled, if applicable: -(1) The application documents the commitments of each partner to operate a program on that site or sites. -(2) The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site. -(3) Each partner in the application agrees to share responsibility for the quality of the program. -(4) The application designates the public agency or local educational agency partner to act as the fiscal agent. For purposes of this section, “public agency” means only a county board of supervisors or if the city is incorporated or has a charter, a city council. -(5) Applicants agree to follow all fiscal reporting and auditing standards required by the department. -(6) Applicants agree to incorporate into the program both of the elements required pursuant to subdivision (c). -(7) Applicants agree to provide information to the department for the purpose of program evaluation pursuant to Section 8483.55. -(8) Applicants shall certify that program evaluations will be based upon Section 8484 and upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, in compliance with subdivision (g) of Section 8482.4. -(9) The application states the targeted number of pupils to be served by the program. -(10) Applicants agree to provide the following information on participating pupils to the department: -(A) Schoolday attendance rates. -(B) Program attendance. -(g) (1) Grantees shall review their after school program plans every three years, including, but not limited to, all of the following: -(A) Program goals. A grantee may specify any new program goals that will apply to the following three years during the grant renewal process. -(B) Program content, including the elements identified in subdivision (c). -(C) Outcome measures selected from those identified in subdivision (a) of Section 8484 that the grantee will use for the next three years. -(D) Any other information requested by the department. -(E) If the program goals or outcome measures change as a result of this review, the grantee shall notify the department in a manner prescribed by the department. -(F) The grantee shall maintain documentation of the after school program plan for a minimum of five years. -(2) The department shall monitor this review as part of its onsite monitoring process. -SEC. 2. -Section 8482.8 of the Education Code is amended to read: -8482.8. -(a) If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance for either the before school or the after school component, an applicant may request approval from the Superintendent, before or during the grant application process, to provide services at another schoolsite for that component. An applicant that requests approval shall describe the manner in which the applicant intends to provide safe, supervised transportation between schoolsites; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils. -(b) For purposes of this article, a significant barrier to pupil participation in the before school or the after school component of a program established pursuant to this chapter means either of the following: -(1) Fewer than 20 pupils participating in the component of the program. -(2) Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation. -(c) In addition to the authority to transfer funds among school programs pursuant to Sections 8483.7 and 8483.75, and in addition to the flexibility provided by subdivisions (a) and (b), a program grantee that is temporarily prevented from operating a program established pursuant to this article at the program site due to natural disaster, civil unrest, or imminent danger to pupils or staff may shift program funds to the sites of other programs established pursuant to this article to meet attendance targets during that time period. -(d) If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may recommend, and the state board may approve, a request by the grantee for payment equal to the amount of funding the grantee would have received if it had been able to operate its entire program during that time period. -(e) Upon the request of a program grantee, the state board may approve other unforeseen events as qualifying a program grantee to use the authority provided by subdivisions (c) and (d). -(f) (1) The Legislature finds and declares that the cost of operating a program is exceeding the grant amount provided under this article. -(2) Commencing January 1, 2016, a program established pursuant to this article may suspend its operation for no more than five schooldays in a fiscal year. -If the suspension results in a grant adjustment -A grant shall not be adjusted -pursuant to clause (ii) or (iii) of subparagraph (A) of paragraph (1) of subdivision (a) of Section -8483.7, the department may approve a request from the program grantee for an exemption from the adjustment. -8483.7 as a result of a program suspending its operation pursuant to this paragraph. -Cost savings that result from a suspension of a program in accordance with this subdivision shall be used solely by the entity that is providing direct services to pupils. -(3) This subdivision shall remain in effect only until July 1, 2017, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date. -SEC. 3. -Section 8483 of the Education Code is amended to read: -8483. -(a) (1) Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan. -(2) It is the intent of the Legislature that each attending pupil participate in the full day of the program for each day in which the pupil attends the program. -(3) In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily. -(b) The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7. -SEC. 4. -Section 8483.1 of the Education Code is amended to read: -8483.1. -(a) (1) Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program. -(2) (A) It is the intent of the Legislature that each attending pupil participate in the full day of the program for each day in which the pupil attends the program, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary. -(B) A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance. -(3) In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily. -(b) The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75. -(c) Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants. -SEC. 5. -The Legislature finds and declares that this act furthers the purposes of the After School Education and Safety Program Act of 2002.","Existing law, the After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act provides that each school establishing a program pursuant to the act is eligible to receive a renewable 3-year grant for before or after school programs, as provided, and a grant for operating a program beyond 180 regular schooldays or during summer, weekend, intersession, or vacation periods, as provided. The act specifies the maximum grant amount and related amounts for each of these grants, provides a formula for determining an amount to be continuously appropriated from the General Fund to the State Department of Education for purposes of the program, and authorizes the Legislature to appropriate additional funds for purposes of the program. -Existing law requires applicants for grants to, among other things, state the targeted number of pupils to be served by the program, and requires the department, for any school in the program that is under its targeted attendance level by more than 15% in each of 2 consecutive years, to adjust the grant level, and, in any year after the initial grant year, if a school’s actual attendance level falls below 75% of the targeted attendance level, to review the program and adjust its grant level as appropriate. -This bill would, commencing January 1, 2016, and until July 1, 2017, authorize a program to suspend its operation for up to 5 schooldays in a fiscal year -and, if this results in -and would prohibit -an adjustment of the grant provided to the participating -school, would authorize the department to approve a request from the program grantee for an exemption from this adjustment. -school as a result of a suspension. -The bill would require that cost savings that result from a suspension be used solely by the entity that is providing direct services to pupils. The bill would also authorize the program to determine the specific grades to serve in accordance with local needs. -Existing law expresses the intent of the Legislature that, for the before and after school components of the program, participating middle school and junior high school pupils should attend a minimum number of hours, days, or both, as specified, while elementary school pupils should participate in the full day of these components of the program for each day in which they participate, except as provided. -This bill would instead express the intent of the Legislature that each attending pupil participate in the full day of the before or after school components of the program for each day in which the pupil attends the program, except as provided. -The After School Education and Safety Program Act of 2002 authorizes the Legislature to amend certain of its provisions to further its purposes by majority vote of each house. -This bill would set forth a legislative finding and declaration that this bill furthers the purposes of that act.","An act to amend Sections 8482.3, 8482.8, 8483, and 8483.1 of the Education Code, relating to after school programs." -184,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 35551 of the Vehicle Code is amended to read: -35551. -(a) Except as otherwise provided in this section or Section 35551.5, the total gross weight in pounds imposed on the highway by -any -a -group of two or more consecutive axles shall not exceed that given for the respective distance in the following table: -Distance in feet between -the extremes of any group -of 2 or more consecutive -axles -2 axles -3 axles -4 axles -5 axles -6 axles -4 ........................ -34,000 -34,000 -34,000 -34,000 -34,000 -5 ........................ -34,000 -34,000 -34,000 -34,000 -34,000 -6 ........................ -34,000 -34,000 -34,000 -34,000 -34,000 -7 ........................ -34,000 -34,000 -34,000 -34,000 -34,000 -8 ........................ -34,000 -34,000 -34,000 -34,000 -34,000 -9 ........................ -39,000 -42,500 -42,500 -42,500 -42,500 -10 ........................ -40,000 -43,500 -43,500 -43,500 -43,500 -11 ........................ -40,000 -44,000 -44,000 -44,000 -44,000 -12 ........................ -40,000 -45,000 -50,000 -50,000 -50,000 -13 ........................ -40,000 -45,500 -50,500 -50,500 -50,500 -14 ........................ -40,000 -46,500 -51,500 -51,500 -51,500 -15 ........................ -40,000 -47,000 -52,000 -52,000 -52,000 -16 ........................ -40,000 -48,000 -52,500 -52,500 -52,500 -17 ........................ -40,000 -48,500 -53,500 -53,500 -53,500 -18 ........................ -40,000 -49,500 -54,000 -54,000 -54,000 -19 ........................ -40,000 -50,000 -54,500 -54,500 -54,500 -20 ........................ -40,000 -51,000 -55,500 -55,500 -55,500 -21 ........................ -40,000 -51,500 -56,000 -56,000 -56,000 -22 ........................ -40,000 -52,500 -56,500 -56,500 -56,500 -23 ........................ -40,000 -53,000 -57,500 -57,500 -57,500 -24 ........................ -40,000 -54,000 -58,000 -58,000 -58,000 -25 ........................ -40,000 -54,500 -58,500 -58,500 -58,500 -26 ........................ -40,000 -55,500 -59,500 -59,500 -59,500 -27 ........................ -40,000 -56,000 -60,000 -60,000 -60,000 -28 ........................ -40,000 -57,000 -60,500 -60,500 -60,500 -29 ........................ -40,000 -57,500 -61,500 -61,500 -61,500 -30 ........................ -40,000 -58,500 -62,000 -62,000 -62,000 -31 ........................ -40,000 -59,000 -62,500 -62,500 -62,500 -32 ........................ -40,000 -60,000 -63,500 -63,500 -63,500 -33 ........................ -40,000 -60,000 -64,000 -64,000 -64,000 -34 ........................ -40,000 -60,000 -64,500 -64,500 -64,500 -35 ........................ -40,000 -60,000 -65,500 -65,500 -65,500 -36 ........................ -40,000 -60,000 -66,000 -66,000 -66,000 -37 ........................ -40,000 -60,000 -66,500 -66,500 -66,500 -38 ........................ -40,000 -60,000 -67,500 -67,500 -67,500 -39 ........................ -40,000 -60,000 -68,000 -68,000 -68,000 -40 ........................ -40,000 -60,000 -68,500 -70,000 -70,000 -41 ........................ -40,000 -60,000 -69,500 -72,000 -72,000 -42 ........................ -40,000 -60,000 -70,000 -73,280 -73,280 -43 ........................ -40,000 -60,000 -70,500 -73,280 -73,280 -44 ........................ -40,000 -60,000 -71,500 -73,280 -73,280 -45 ........................ -40,000 -60,000 -72,000 -76,000 -80,000 -46 ........................ -40,000 -60,000 -72,500 -76,500 -80,000 -47 ........................ -40,000 -60,000 -73,500 -77,500 -80,000 -48 ........................ -40,000 -60,000 -74,000 -78,000 -80,000 -49 ........................ -40,000 -60,000 -74,500 -78,500 -80,000 -50 ........................ -40,000 -60,000 -75,500 -79,000 -80,000 -51 ........................ -40,000 -60,000 -76,000 -80,000 -80,000 -52 ........................ -40,000 -60,000 -76,500 -80,000 -80,000 -53 ........................ -40,000 -60,000 -77,500 -80,000 -80,000 -54 ........................ -40,000 -60,000 -78,000 -80,000 -80,000 -55 ........................ -40,000 -60,000 -78,500 -80,000 -80,000 -56 ........................ -40,000 -60,000 -79,500 -80,000 -80,000 -57 ........................ -40,000 -60,000 -80,000 -80,000 -80,000 -58 ........................ -40,000 -60,000 -80,000 -80,000 -80,000 -59 ........................ -40,000 -60,000 -80,000 -80,000 -80,000 -60 ........................ -40,000 -60,000 -80,000 -80,000 -80,000 -(b) In addition to the weights specified in subdivision (a), two consecutive sets of tandem axles may carry a gross weight of 34,000 pounds each if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more. The gross weight of each set of tandem axles shall not exceed 34,000 pounds -, -and the gross weight of the two consecutive sets of tandem axles shall not exceed 68,000 pounds. -(c) The distance between axles shall be measured to the nearest whole foot. When a fraction is exactly six inches, the next larger whole foot shall be used. -(d) Nothing contained in this section shall affect the right to prohibit the use of any highway -or any -, -bridge -, -or other structure thereon in the manner and to the extent specified in Article 4 (commencing with Section 35700) and Article 5 (commencing with Section 35750) of this chapter. -(e) The gross weight limits expressed by this section and Section 35550 shall include all enforcement tolerances.","Existing law generally prohibits the total gross weight in pounds imposed on the highway by a group of 2 or more consecutive axles of a vehicle from exceeding a specified weight, depending on the distance in feet between the extremes of a group of 2 or more consecutive axles, and the number of axles. -This bill would make technical, nonsubstantive changes to those provisions.","An act to amend Section 35551 of the Vehicle Code, relating to vehicles." -185,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 730.6 of the Welfare and Institutions Code is amended to read: -730.6. -(a) (1) It is the intent of the Legislature that a victim of conduct for which a minor is found to be a person described in Section 602 who incurs an economic loss as a result of the minor’s conduct shall receive restitution directly from that minor. -(2) Upon a minor being found to be a person described in Section 602, the court shall consider levying a fine in accordance with Section 730.5. In addition, the court shall order the minor to pay, in addition to any other penalty provided or imposed under the law, both of the following: -(A) A restitution fine in accordance with subdivision (b). -(B) Restitution to the victim or victims, if any, in accordance with subdivision (h). -(b) If a minor is found to be a person described in Section 602, the court shall impose a separate and additional restitution fine. The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense as follows: -(1) If the minor is found to be a person described in Section 602 by reason of the commission of one or more felony offenses, the restitution fine shall not be less than one hundred dollars ($100) and not more than one thousand dollars ($1,000). A separate hearing for the fine shall not be required. -(2) If the minor is found to be a person described in Section 602 by reason of the commission of one or more misdemeanor offenses, the restitution fine shall not exceed one hundred dollars ($100). A separate hearing for the fine shall not be required. -(c) The restitution fine shall be in addition to any other disposition or fine imposed and shall be imposed regardless of the minor’s inability to pay. This fine shall be deposited in the Restitution Fund. -(d) (1) In setting the amount of the fine pursuant to subparagraph (A) of paragraph (2) of subdivision (a), the court shall consider any relevant factors including, but not limited to, the minor’s ability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the minor as a result of the offense, and the extent to which others suffered losses as a result of the offense. The losses may include pecuniary losses to the victim or his or her dependents as well as intangible losses such as psychological harm caused by the offense. -(2) The consideration of a minor’s ability to pay may include his or her future earning capacity. A minor shall bear the burden of demonstrating a lack of his or her ability to pay. -(e) Express findings of the court as to the factors bearing on the amount of the fine shall not be required. -(f) Except as provided in subdivision (g), under no circumstances shall the court fail to impose the separate and additional restitution fine required by subparagraph (A) of paragraph (2) of subdivision (a). This fine shall not be subject to penalty assessments pursuant to Section 1464 of the Penal Code. -(g) (1) In a case in which the minor is a person described in Section 602 by reason of having committed a felony offense, if the court finds that there are compelling and extraordinary reasons, the court may waive imposition of the restitution fine required by subparagraph (A) of paragraph (2) of subdivision (a). If a waiver is granted, the court shall state on the record all reasons supporting the waiver. -(2) If the minor is a person described in subdivision (a) of Section 241.1, the court shall waive imposition of the restitution fine required by subparagraph (A) of paragraph (2) of subdivision (a). -(h) (1) Restitution ordered pursuant to subparagraph (B) of paragraph (2) of subdivision (a) shall be imposed in the amount of the losses, as determined. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court at any time during the term of the commitment or probation. The court shall order full restitution unless it finds compelling and extraordinary reasons for not doing so, and states them on the record. A minor’s inability to pay shall not be considered a compelling or extraordinary reason not to impose a restitution order, nor shall inability to pay be a consideration in determining the amount of the restitution order. A restitution order pursuant to subparagraph (B) of paragraph (2) of subdivision (a), to the extent possible, shall identify each victim, unless the court for good cause finds that the order should not identify a victim or victims, and the amount of each victim’s loss to which it pertains, and shall be of a dollar amount sufficient to fully reimburse the victim or victims for all determined economic losses incurred as the result of the minor’s conduct for which the minor was found to be a person described in Section 602, including all of the following: -(A) Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible. -(B) Medical expenses. -(C) Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minor’s parent, parents, guardian, or guardians, while caring for the injured minor. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown. -(D) Wages or profits lost by the victim, and if the victim is a minor, wages or profits lost by the minor’s parent, parents, guardian, or guardians, due to time spent as a witness or in assisting the police or prosecution. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown. -(2) A minor shall have the right to a hearing before a judge to dispute the determination of the amount of restitution. The court may modify the amount on its own motion or on the motion of the district attorney, the victim or victims, or the minor. If a motion is made for modification of a restitution order, the victim shall be notified of that motion at least 10 days prior to the hearing on the motion. If the amount of victim restitution is not known at the time of disposition, the court order shall identify the victim or victims, unless the court finds for good cause that the order should not identify a victim or victims, and state that the amount of restitution for each victim is to be determined. If feasible, the court shall also identify on the court order, any co-offenders who are jointly and severally liable for victim restitution. -(i) A restitution order imposed pursuant to subparagraph (B) of paragraph (2) of subdivision (a) shall identify the losses to which it pertains, and shall be enforceable as a civil judgment pursuant to subdivision (r). The making of a restitution order pursuant to this subdivision shall not affect the right of a victim to recovery from the Restitution Fund in the manner provided elsewhere, except to the extent that restitution is actually collected pursuant to the order. Restitution collected pursuant to this subdivision shall be credited to any other judgments for the same losses obtained against the minor or the minor’s parent or guardian arising out of the offense for which the minor was found to be a person described in Section 602. Restitution imposed shall be ordered to be made to the Restitution Fund to the extent that the victim, as defined in subdivision (j), has received assistance from the Victims of Crime Program pursuant to Article 5 (commencing with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code. -(j) For purposes of this section, “victim” shall include: -(1) The immediate surviving family of the actual victim. -(2) A governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material, as defined in subdivision (e) of Section 594 of the Penal Code, and that has sustained an economic loss as the result of a violation of Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code. -(3) A corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime. -(4) A person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions: -(A) At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim. -(B) At the time of the crime was living in the household of the victim. -(C) At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in subparagraph (A). -(D) Is another family member of the victim, including, but not limited to, the victim’s fiancé or fiancée, and who witnessed the crime. -(E) Is the primary caretaker of a minor victim. -(k) If the direct victim of an offense is a group home or other facility licensed to provide residential care in which the minor was placed as a dependent or ward of the court, or an employee thereof, restitution shall be limited to out-of-pocket expenses that are not covered by insurance and that are paid by the facility or employee. -(l) Upon a minor being found to be a person described in Section 602, the court shall require, as a condition of probation, the payment of restitution fines and orders imposed under this section. Any portion of a restitution order that remains unsatisfied after a minor is no longer on probation shall continue to be enforceable by a victim pursuant to subdivision (r) until the obligation is satisfied in full. -(m) Probation shall not be revoked for failure of a person to make restitution pursuant to this section as a condition of probation unless the court determines that the person has willfully failed to pay or failed to make sufficient bona fide efforts to legally acquire the resources to pay. -(n) If the court finds and states on the record compelling and extraordinary reasons why restitution should not be required as provided in paragraph (2) of subdivision (a), the court shall order, as a condition of probation, that the minor perform specified community service. -(o) The court may avoid ordering community service as a condition of probation only if it finds and states on the record compelling and extraordinary reasons not to order community service in addition to the finding that restitution pursuant to paragraph (2) of subdivision (a) should not be required. -(p) If a minor is committed to the Division of Juvenile Facilities, Department of Corrections and Rehabilitation, the court shall order restitution to be paid to the victim or victims, if any. Payment of restitution to the victim or victims pursuant to this subdivision shall take priority in time over payment of any other restitution fine imposed pursuant to this section. -(q) At its discretion, the board of supervisors of any county may impose a fee to cover the actual administrative cost of collecting the restitution fine, not to exceed 10 percent of the amount ordered to be paid, to be added to the restitution fine and included in the order of the court, the proceeds of which shall be deposited in the general fund of the county. -(r) If the judgment is for a restitution fine ordered pursuant to subparagraph (A) of paragraph (2) of subdivision (a), or a restitution order imposed pursuant to subparagraph (B) of paragraph (2) of subdivision (a), the judgment may be enforced in the manner provided in Section 1214 of the Penal Code.","Existing law provides that a minor who violates a criminal law may be adjudged to be a ward of the court. Existing law generally requires that the minor pay a restitution fine to be deposited into the Restitution Fund and restitution to any victim of his or her conduct. Existing law defines a victim to include the immediate surviving family of the actual victim and governmental entities, as specified. -This bill would expand the definition of victim to include a corporation, estate, or other legal or commercial entity when that entity is a direct victim of a crime. The bill would also expand the definition of victim to include a person who has sustained economic loss as a result of a crime and who satisfies specified conditions.","An act to amend Section 730.6 of the Welfare and Institutions Code, relating to juveniles." -186,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1941.7 is added to the Civil Code, to read: -1941.7. -(a) An obligation shall not arise under Section 1941 or 1942 to repair a dilapidation relating to the presence of mold pursuant to paragraph (13) of subdivision (a) of Section 17920.3 of the Health and Safety Code until the lessor has notice of the dilapidation or if the tenant is in violation of Section 1941.2. -(b) A landlord may enter a dwelling unit to repair a dilapidation relating to the presence of mold pursuant to paragraph (13) of subdivision (a) of Section 17920.3 of the Health and Safety Code provided the landlord complies with the provisions of Section 1954. -SEC. 2. -Section 17920 of the Health and Safety Code is amended to read: -17920. -As used in this part: -(a) “Approved” means acceptable to the department. -(b) “Building” means a structure subject to this part. -(c) “Building standard” means building standard as defined in Section 18909. -(d) “Department” means the Department of Housing and Community Development. -(e) “Enforcement” means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this part, “enforcement” may, but need not, include inspections of existing buildings on which no complaint or permit application has been filed, and effort to secure compliance as to these existing buildings. -(f) “Fire protection district” means any special district, or any other municipal or public corporation or district, which is authorized by law to provide fire protection and prevention services. -(g) “Labeled” means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization, approved by the department, that maintains a periodic inspection program of production of labeled products, installations, equipment, or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner. -(h) “Listed” means all products that appear in a list published by an approved testing or listing agency. -(i) “Listing agency” means an agency approved by the department that is in the business of listing and labeling products, materials, equipment, and installations tested by an approved testing agency, and that maintains a periodic inspection program on current production of listed products, equipment, and installations, and that, at least annually, makes available a published report of these listings. -(j) “Mold” means microscopic organisms or fungi that can grow in damp conditions in the interior of a building. -(k) “Noise insulation” means the protection of persons within buildings from excessive noise, however generated, originating within or without such buildings. -(l) “Nuisance” means any nuisance defined pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code, or any other form of nuisance recognized at common law or in equity. -(m) “Public entity” has the same meaning as defined in Section 811.2 of the Government Code. -(n) “Testing agency” means an agency approved by the department as qualified and equipped for testing of products, materials, equipment, and installations in accordance with nationally recognized standards. -SEC. 3. -Section 17920.3 of the Health and Safety Code is amended to read: -17920.3. -Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building: -(a) Inadequate sanitation shall include, but not be limited to, the following: -(1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit. -(2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel. -(3) Lack of, or improper kitchen sink. -(4) Lack of hot and cold running water to plumbing fixtures in a hotel. -(5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. -(6) Lack of adequate heating. -(7) Lack of, or improper operation of required ventilating equipment. -(8) Lack of minimum amounts of natural light and ventilation required by this code. -(9) Room and space dimensions less than required by this code. -(10) Lack of required electrical lighting. -(11) Dampness of habitable rooms. -(12) Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction. -(13) Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use. -(14) General dilapidation or improper maintenance. -(15) Lack of connection to required sewage disposal system. -(16) Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code. -(b) Structural hazards shall include, but not be limited to, the following: -(1) Deteriorated or inadequate foundations. -(2) Defective or deteriorated flooring or floor supports. -(3) Flooring or floor supports of insufficient size to carry imposed loads with safety. -(4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. -(5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety. -(6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. -(7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. -(8) Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration. -(9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. -(c) Any nuisance. -(d) All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly. -(e) All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures. -(f) All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly. -(g) Faulty weather protection, which shall include, but not be limited to, the following: -(1) Deteriorated, crumbling, or loose plaster. -(2) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors. -(3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. -(4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings. -(h) Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. -(i) All materials of construction, except those that are specifically allowed or approved by this code, and that have been adequately maintained in good and safe condition. -(j) Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards. -(k) Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code. -(l) All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. -When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed. -(m) All buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. -(n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies. -(o) Inadequate structural resistance to horizontal forces. -“Substandard building” includes a building not in compliance with Section 13143.2. -However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law requires the lessor of a building intended for human occupation to repair dilapidations, as specified, rendering it untenantable. Existing law permits tenants to repair dilapidations, under specified circumstances. -This bill would provide that a lessor is not obligated to repair a dilapidation relating to mold, as specified, until he or she has notice of it or if the tenant is in violation of specified affirmative obligations. The bill would authorize a landlord to enter a dwelling to repair a dilapidation relating to mold, under specified conditions. -(2) The State Housing Law, which is administered by the Department of Housing and Community Development, prescribes standards for buildings used for human habitation and establishes definitions for this purpose. The law provides that a building, or a portion of it, in which certain conditions are found to exist, such as a lack of sanitation, as specified, is substandard. The law provides that a violation of these provisions is a misdemeanor. -This bill would specify that visible mold growth, excepting mold that is minor and found on surfaces that can accumulate moisture as part of their proper and intended use, is a type of inadequate sanitation and therefore a substandard condition. The bill would define mold as microscopic organisms or fungi that can grow in damp conditions in the interior of a building. By expanding the definition of a crime, this bill would impose a state-mandated local program. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 1941.7 to the Civil Code, and to amend Sections 17920 and 17920.3 of the Health and Safety Code, relating to housing standards." -187,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 50003 of the Financial Code is amended to read: -50003. -(a) “Annual audit” means a certified audit of the licensee’s books, records, and systems of internal control performed by an independent certified public accountant in accordance with generally accepted accounting principles and generally accepted auditing standards. -(b) “Borrower” means the loan applicant. -(c) “Buy” includes exchange, offer to buy, or solicitation to buy. -(d) “Commissioner” means the Commissioner of Business Oversight. -(e) “Control” means the possession, directly or indirectly, of the power to direct, or cause the direction of, the management and policies of a licensee under this division, whether through voting or through the ownership of voting power of an entity that possesses voting power of the licensee, or otherwise. Control is presumed to exist if a person, directly or indirectly, owns, controls, or holds 10 percent or more of the voting power of a licensee or of an entity that owns, controls, or holds, with power to vote, 10 percent or more of the voting power of a licensee. No person shall be deemed to control a licensee solely by reason of his or her status as an officer or director of the licensee. -(f) “Depository institution” has the same meaning as in Section 3 of the Federal Deposit Insurance Act, and includes any credit union. -(g) “Engage in the business” means the dissemination to the public, or any part of the public, by means of written, printed, or electronic communication or any communication by means of recorded telephone messages or spoken on radio, television, or similar communications media, of any information relating to the making of residential mortgage loans, the servicing of residential mortgage loans, or both. “Engage in the business” also means, without limitation, making residential mortgage loans or servicing residential mortgage loans, or both. -(h) “Federal banking agencies” means the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the National Credit Union Administration, and the Federal Deposit Insurance Corporation. -(i) “In this state” includes any activity of a person relating to making or servicing a residential mortgage loan that originates from this state and is directed to persons outside this state, or that originates from outside this state and is directed to persons inside this state, or that originates inside this state and is directed to persons inside this state, or that leads to the formation of a contract and the offer or acceptance thereof is directed to a person in this state (whether from inside or outside this state and whether the offer was made inside or outside the state). -(j) “Institutional investor” means the following: -(1) The United States or any state, district, territory, or commonwealth thereof, or any city, county, city and county, public district, public authority, public corporation, public entity, or political subdivision of a state, district, territory, or commonwealth of the United States, or any agency or other instrumentality of any one or more of the foregoing, including, by way of example, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. -(2) Any bank, trust company, savings bank or savings and loan association, credit union, industrial bank or industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurance company, or subsidiary or affiliate of one of the preceding entities, doing business under the authority of or in accordance with a license, certificate, or charter issued by the United States or any state, district, territory, or commonwealth of the United States. -(3) Trustees of pension, profit-sharing, or welfare funds, if the pension, profit-sharing, or welfare fund has a net worth of not less than fifteen million dollars ($15,000,000), except pension, profit-sharing, or welfare funds of a licensee or its affiliate, self-employed individual retirement plans, or individual retirement accounts. -(4) A corporation or other entity with outstanding securities registered under Section 12 of the federal Securities Exchange Act of 1934 or a wholly owned subsidiary of that corporation or entity, provided that the purchaser represents either of the following: -(A) That it is purchasing for its own account for investment and not with a view to, or for sale in connection with, any distribution of a promissory note. -(B) That it is purchasing for resale pursuant to an exemption under Rule 144A (17 C.F.R. 230.144A) of the Securities and Exchange Commission. -(5) An investment company registered under the Investment Company Act of 1940; or a wholly owned and controlled subsidiary of that company, provided that the purchaser makes either of the representations provided in paragraph (4). -(6) A residential mortgage lender or servicer licensed to make residential mortgage loans under this law or an affiliate or subsidiary of that person. -(7) Any person who is licensed as a securities broker or securities dealer under any law of this state, or of the United States, or any employee, officer, or agent of that person, if that person is acting within the scope of authority granted by that license or an affiliate or subsidiary controlled by that broker or dealer, in connection with a transaction involving the offer, sale, purchase, or exchange of one or more promissory notes secured directly or indirectly by liens on real property or a security representing an ownership interest in a pool of promissory notes secured directly or indirectly by liens on real property, and the offer and sale of those securities is qualified under the California Corporate Securities Law of 1968 or registered under federal securities laws, or exempt from qualification or registration. -(8) A licensed real estate broker selling the loan to an institutional investor specified in paragraphs (1) to (7), inclusive, or paragraph (9) or (10). -(9) A business development company as defined in Section 2(a)(48) of the Investment Company Act of 1940 or a small business investment company licensed by the United States Small Business Administration under Section 301(c) or (d) of the Small Business Investment Act of 1958. -(10) A syndication or other combination of any of the foregoing entities that is organized to purchase a promissory note. -(11) A trust or other business entity established by an institutional investor for the purpose of issuing or facilitating the issuance of securities representing undivided interests in, or rights to receive payments from or to receive payments primarily from, a pool of financial assets held by the trust or business entity, provided that all of the following apply: -(A) The business entity is not a sole proprietorship. -(B) The pool of assets consists of one or more of the following: -(i) Interest-bearing obligations. -(ii) Other contractual obligations representing the right to receive payments from the assets. -(iii) Surety bonds, insurance policies, letters of credit, or other instruments providing credit enhancement for the assets. -(C) The securities will be either one of the following: -(i) Rated as “investment grade” by Standard and Poor’s Corporation or Moody’s Investors Service, Inc. “Investment grade” means that the securities will be rated by Standard and Poor’s Corporation as AAA, AA, A, or BBB or by Moody’s Investors Service, Inc. as Aaa, Aa, A, or Baa, including any of those ratings with “+” or “—” designation or other variations that occur within those ratings. -(ii) Sold to an institutional investor. -(D) The offer and sale of the securities is qualified under the California Corporate Securities Law of 1968 or registered under federal securities laws, or exempt from qualification or registration. -(k) “Institutional lender” means the following: -(1) The United States or any state, district, territory, or commonwealth thereof, or any city, county, city and county, public district, public authority, public corporation, public entity, or political subdivision of a state, district, territory, or commonwealth of the United States, or any agency or other instrumentality of any one or more of the foregoing, including, by way of example, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. -(2) Any bank, trust company, savings bank or savings and loan association, credit union, industrial loan company, or insurance company, or service or investment company that is wholly owned and controlled by one of the preceding entities, doing business under the authority of and in accordance with a license, certificate, or charter issued by the United States or any state, district, territory, or commonwealth of the United States. -(3) Any corporation with outstanding securities registered under Section 12 of the Securities Exchange Act of 1934 or any wholly owned subsidiary of that corporation. -(4) A residential mortgage lender or servicer licensed to make residential mortgage loans under this law. -(l) “Law” means the California Residential Mortgage Lending Act. -(m) “Lender” means a person that satisfies either of the following: -(1) The person is or does all of the following: -(A) The person is an approved lender for the Federal Housing Administration, Veterans Administration, Farmers Home Administration, Government National Mortgage Association, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation. -(B) The person directly makes residential mortgage loans. -(C) The person makes the credit decision in the loan transactions. -(2) The person is either of the following: -(A) Is not a natural person and engages in the activities of a loan processor or underwriter for a residential mortgage loan but does not solicit loan applicants, originate mortgage loans, or fund mortgage loans unless the person is also a lender under paragraph (1). -(B) Is a natural person and an independent contractor who engages in the activities of a loan processor or underwriter for a residential mortgage loan as described in subdivision (c) of Section 50003.6 but does not solicit loan applicants, originate mortgage loans, or fund mortgage loans unless the person is also a lender under paragraph (1). -(n) “Licensee” means, depending on the context, a person licensed under Chapter 2 (commencing with Section 50120), Chapter 3 (commencing with Section 50130), or Chapter 3.5 (commencing with Section 50140). -(o) “Makes or making residential mortgage loans” or “mortgage lending” means processing, underwriting, or as a lender using or advancing one’s own funds, or making a commitment to advance one’s own funds, to a loan applicant for a residential mortgage loan. -(p) “Mortgage loan,” “residential mortgage loan,” or “home mortgage loan” means a federally related mortgage loan as defined in Section 1024.2 of Title 12 of the Code of Federal Regulations, or a loan made to finance construction of a one-to-four family dwelling. -(q) “Mortgage servicer” or “residential mortgage loan servicer” means a person that (1) is an approved servicer for the Federal Housing Administration, Veterans Administration, Farmers Home Administration, Government National Mortgage Association, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, and (2) directly services or offers to service mortgage loans. -(r) “Nationwide Mortgage Licensing System and Registry” means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of licensed mortgage loan originators. -(s) “Net worth” has the meaning set forth in Section 50201. -(t) “Own funds” means (1) cash, corporate capital, or warehouse credit lines at commercial banks, savings banks, savings and loan associations, industrial loan companies, or other sources that are liability items on a lender’s financial statements, whether secured or unsecured, or (2) a lender’s affiliate’s cash, corporate capital, or warehouse credit lines at commercial banks or other sources that are liability items on the affiliate’s financial statements, whether secured or unsecured. “Own funds” does not include funds provided by a third party to fund a loan on condition that the third party will subsequently purchase or accept an assignment of that loan. -(u) “Person” means a natural person, a sole proprietorship, a corporation, a partnership, a limited liability company, an association, a trust, a joint venture, an unincorporated organization, a joint stock company, a government or a political subdivision of a government, and any other entity. -(v) “Residential real property” or “residential real estate” means real property located in this state that is improved by a one-to-four family dwelling. -(w) “SAFE Act” means the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Public Law 110-289). -(x) “Service” or “servicing” means receiving more than three installment payments of principal, interest, or other amounts placed in escrow, pursuant to the terms of a mortgage loan and performing services by a licensee relating to that receipt or the enforcement of its receipt, on behalf of the holder of the note evidencing that loan. -(y) “Sell” includes exchange, offer to sell, or solicitation to sell. -(z) “Unique identifier” means a number or other identifier assigned by protocols established by the Nationwide Mortgage Licensing System and Registry. -(aa) For purposes of Sections 50142, 50143, and 50145, “nontraditional mortgage product” means any mortgage product other than a 30-year fixed rate mortgage. -(ab) For purposes of Section 50141, “expungement” means the subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such individual to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty or dismissing the accusation, information, or indictment. With respect to criminal convictions in another state, that state’s definition of expungement will apply. -SEC. 2. -Section 50201 of the Financial Code is amended to read: -50201. -(a) A licensee issued a license for purposes of making or servicing residential mortgage loans, including a licensee employing one or more mortgage loan originators, shall continuously maintain a minimum tangible net worth at all times of two hundred fifty thousand dollars ($250,000). The commissioner, in his or her discretion, may require a lender who engages in the activities described in paragraph (2) of subdivision (m) of Section 50003 to continuously maintain a minimum tangible net worth of an amount that is greater than two hundred fifty thousand dollars ($250,000), but that does not exceed the net worth required of an approved lender under the Federal Housing Administration. -(b) Tangible net worth shall be computed in accordance with generally accepted accounting principles. -(c) The commissioner may promulgate rules or regulations with respect to the requirements for minimum net worth, as are necessary to accomplish the purposes of this division and comply with the SAFE Act.","Existing law defines specified terms for purposes of the California Residential Mortgage Lending Act, which generally prohibits a person from engaging in the business of making residential mortgage loans or servicing residential mortgage loans without first obtaining a license from the Commissioner of Business Oversight in accordance with the act. Existing law defines a lender as a person who is an approved lender for the Federal Housing Administration, the Veterans Administration, the Farmers Home Administration, the Government National Mortgage Association, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation, who directly makes residential mortgage loans, and who makes the credit decision in the loan transactions. Existing law requires a licensee issued a license for purposes of making or servicing residential mortgage loans to continuously maintain a minimum tangible net worth of $250,000. -This bill would specify that the term “lender” includes a person, other than a natural person, and a natural person who is also an independent contractor, who engages in the activities of a loan processor or underwriter for residential mortgage loans, but does not solicit loan applicants, originate mortgage loans, or fund mortgage loans, as specified. The bill would authorize the commissioner to require a licensee who is engaged in the processing or underwriting of residential mortgage loans to continuously maintain a minimum tangible net worth in an amount that is greater than $250,000, but that does not exceed the net worth required of an approved lender under the Federal Housing Administration.","An act to amend Sections 50003 and 50201 of the Financial Code, relating to mortgages." -188,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1714.21 of the Civil Code is amended to read: -1714.21. -(a) For purposes of this section, the following definitions shall apply: -(1) “AED” or “defibrillator” means an automated external defibrillator. -(2) “CPR” means cardiopulmonary resuscitation. -(b) Any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an AED at the scene of an emergency is not liable for any civil damages resulting from any acts or omissions in rendering the emergency care. -(c) A person or entity who provides CPR and AED training to a person who renders emergency care pursuant to subdivision (b) is not liable for any civil damages resulting from any acts or omissions of the person rendering the emergency care. -(d) (1) A person or entity that acquires an AED for emergency use pursuant to this section is not liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED if that person or entity has complied with subdivision (b) of Section 1797.196 of the Health and Safety Code. -(2) A physician and surgeon or other health care professional that is involved in the selection, placement, or installation of an AED pursuant to Section 1797.196 of the Health and Safety Code is not liable for civil damages resulting from acts or omissions in the rendering of emergency care by use of that AED. -(e) The protections specified in this section do not apply in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED. -(f) This section does not relieve a manufacturer, designer, developer, distributor, installer, or supplier of an AED or defibrillator of any liability under any applicable statute or rule of law. -SEC. 2. -Section 1797.196 of the Health and Safety Code is amended to read: -1797.196. -(a) For purposes of this section, “AED” or “defibrillator” means an automated external defibrillator. -(b) (1) In order to ensure public safety, a person or entity that acquires an AED shall do all of the following: -(A) Comply with all regulations governing the placement of an AED. -(B) Notify an agent of the local EMS agency of the existence, location, and type of AED acquired. -(C) Ensure that the AED is maintained and tested according to the operation and maintenance guidelines set forth by the manufacturer. -(D) Ensure that the AED is tested at least biannually and after each use. -(E) Ensure that an inspection is made of all AEDs on the premises at least every 90 days for potential issues related to operability of the device, including a blinking light or other obvious defect that may suggest tampering or that another problem has arisen with the functionality of the AED. -(F) Ensure that records of the maintenance and testing required pursuant to this paragraph are maintained. -(2) When an AED is placed in a building, the building owner shall do all of the following: -(A) At least once a year, notify the tenants as to the location of the AED units and provide information to tenants about who they can contact if they want to voluntarily take AED or CPR training. -(B) At least once a year, offer a demonstration to at least one person associated with the building so that the person can be walked through how to use an AED properly in an emergency. The building owner may arrange for the demonstration or partner with a nonprofit organization to do so. -(C) Next to the AED, post instructions, in no less than 14-point type, on how to use the AED. -(3) A medical director or other physician and surgeon is not required to be involved in the acquisition or placement of an AED. -(c) (1) When an AED is placed in a public or private K–12 school, the principal shall ensure that the school administrators and staff annually receive information that describes sudden cardiac arrest, the school’s emergency response plan, and the proper use of an AED. The principal shall also ensure that instructions, in no less than 14-point type, on how to use the AED are posted next to every AED. The principal shall, at least annually, notify school employees as to the location of all AED units on the campus. -(2) This section does not prohibit a school employee or other person from rendering aid with an AED. -(d) A manufacturer or retailer supplying an AED shall provide to the acquirer of the AED all information governing the use, installation, operation, training, and maintenance of the AED. -(e) A violation of this section is not subject to penalties pursuant to Section 1798.206. -(f) Nothing in this section or Section 1714.21 of the Civil Code may be construed to require a building owner or a building manager to acquire and have installed an AED in any building. -(g) For purposes of this section, “local EMS agency” means an agency established pursuant to Section 1797.200. -(h) This section does not apply to facilities licensed pursuant to subdivision (a), (b), (c), or (f) of Section 1250.","Existing law exempts from civil liability any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an automated external defibrillator (AED) at the scene of an emergency, except in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment. Existing law also exempts from civil liability a person or entity that acquires an AED for emergency use, a physician who is involved with the placement of the AED, and any person or entity responsible for the site where the AED is located if specified conditions are met, including maintenance and regular testing of the AED and having a written plan that describes the procedures to be followed in case of an emergency that may involve the use of the AED. Under existing law, those specified conditions also require, when an AED is placed in a public or private K–12 school, the school principal to, among other things, ensure that the school administrators and staff annually receive a brochure, approved as to content and style by the American Heart Association or the American Red Cross, that describes the proper use of an AED, to ensure that similar information is posted next to every AED, and to designate the trained employees who are available to respond to an emergency that may involve the use of an AED during normal operating hours. -This bill would provide an exemption from civil liability for a physician and surgeon or other health care professional that is involved in the selection, placement, or installation of an AED. The bill would require a person or entity, other than a health facility as defined, that acquires an AED to, among other things, comply with specified regulations for the placement of the device and ensure that the AED is maintained and tested as specified. The bill would require a building owner to annually notify the tenants as to the location of the AED units and provide information to tenants about who they can contact if they want to voluntarily take AED or CPR training, to offer a demonstration to at least one person associated with the building as to the use of an AED in an emergency, and post instructions for the use of the AED. The bill would also specify that a medical director or physician and surgeon is not required to be involved in the acquisition or placement of an AED. The bill would make related changes. -This bill would revise the public or private K–12 school provisions described above by instead requiring, when an AED is placed in a public or private K–12 school, the school principal to ensure that the school administrators and staff annually receive information that describes sudden cardiac arrest, the school’s emergency response plan, and the proper use of an AED, by instead requiring the school principal to ensure that instructions, in no less than 14-point type, on how to use the AED are posted next to every AED, and by deleting the requirement that the school principal designate the trained employees who are available to respond to an emergency that may involve the use of an AED during normal operating hours.","An act to amend Section 1714.21 of the Civil Code, and to amend Section 1797.196 of the Health and Safety Code, relating to automated external defibrillators." -189,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California is expected to spend $142 billion on health and human services programs this year, which is by far the largest state budget expenditure, while total education spending for kindergarten, grades 1 to 12, inclusive, and higher education programs is only $80 billion per year. -(b) California has the fifth largest Temporary Assistance for Needy Families (TANF) cash grant in the nation, and -the -second largest amongst the 10 largest states, yet poverty remains a persistent problem. -(c) We must recognize that California’s problems of poverty and inequality do not stem from a lack of safety net programs. -(d) California’s social safety net needs to invest in programs that elevate people out of poverty rather than helping people live better in poverty. -SEC. 2. -Article 3.7 (commencing with Section 11337) is added to Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, to read: -Article 3.7. Opportunity Grant Pilot Project -11337. -(a) The State Department of Social -Services -Services, in consultation with the County Welfare Directors Association of California, -shall, no later than July 1, -2016, -2017, -design and implement a five-year pilot project under which monetary grants are provided to organizations operating programs that assist individuals receiving CalWORKs benefits achieve economic independence. -(b) In developing the pilot project described in subdivision (a), the department shall, at a minimum, do all of the following: -(1) Develop a competitive review process for all grant proposals submitted and a methodology to determine grant amounts. -(2) Develop eligibility requirements for organizations seeking a grant. The eligibility requirements shall, at a minimum, require an organization’s program to include all of the elements specified in subdivision (d). The eligibility requirements for organizations seeking a grant do not affect an individual’s eligibility for CalWORKs benefits, as determined by the county. -(3) Develop an ongoing evaluation, utilizing objective criteria, of the effectiveness of an organization receiving grant funding in teaching its program participants the skills necessary to achieve economic independence. The evaluation criteria shall, at a minimum, include an examination of all of the following: -(A) The number and percentage of participants that complete the program. -(B) The number and percentage of program participants that begin the program with a high school diploma or equivalent. -(C) The number and percentage of program participants that achieve a high school diploma or equivalent while in the program. -(D) The number of program participants that obtain nonsubsidized employment of at least 20 hours per week by the time of program completion, with regular followup to determine if this minimum level of nonsubsidized employment is maintained for the duration of the ongoing evaluation required by this paragraph. -(E) The attainment of academic stability for the children of program participants. The department shall develop a definition of academic stability for purposes of this section. -(F) The number and percentage of program participants still receiving CalWORKs benefits upon completion of the program. -(G) The average income of program participants at the time of program completion. -(H) The number and percentage of program participants that achieve family reunification, when applicable. -(4) Develop a periodic progress report for the duration of the pilot project. -(c) The department may enter into an agreement with an academic institution or other entity with sufficient expertise for the purpose of creating, performing, or both creating and performing the evaluation required by paragraph (3) of subdivision (b). The department and any academic institution or other entity the department contracts with to create, perform, or both create and perform the evaluation shall seek input from stakeholders during the development process. -(d) In order to be considered for a grant, an organization shall, at a minimum, include all of the following elements in its program: -(1) Education focused on the attainment of a high school diploma or its equivalent. -(2) Mental health services. -(3) Employment training. -(4) Financial training. -(5) Parenting skills training. -(6) Life skills training. -(7) Child care services. -Each participating child care provider shall obtain a criminal record clearance pursuant to Section 1596.871 of the Health and Safety Code. -If the organization serves only pregnant women, the organization shall not be required to provide child care services to be eligible for grant funding. -(8) A clean and sober environment. -(9) Comprehensive, targeted case management to assist program participants. -(10) Ongoing monitoring of program participants for at least five years after they have completed the program for purposes of measuring long-term program effectiveness. -(11) Trauma-informed social work. -(e) An organization receiving a grant may utilize the grant funds in any reasonable manner, as long as the funds are expended in furtherance of the program elements or other requirements the department establishes. Housing, transportation, and child care expenses for program participants shall be considered an allowable use of grant funds. -(f) (1) The benefits an individual may receive through participation in a program receiving grant funding are in addition to any other public assistance benefits for which the individual may be eligible. -(2) Organizations receiving grant funding may set their own eligibility criteria for their programs as long as the eligibility criteria are consistent with the goals of this pilot project. The criteria for eligibility set by the organization do not affect an individual’s eligibility for CalWORKs benefits, as determined by the county. -(3) Organizations receiving grant funding shall contact the county welfare department upon being notified of the grant and shall make a good faith effort to coordinate their programs with CalWORKs requirements. -(g) Participation in a program administered by an organization receiving grant funding pursuant to this section is voluntary. -(h) (1) No later than December 31, -2020, -2021, -the department, or the academic institution or other entity the department contracted with pursuant to subdivision (c), shall send a report evaluating the effectiveness of the programs funded by the grants to the relevant policy and fiscal committees of the Legislature. The report shall also be posted on the department’s Internet Web site. -(2) The report required by paragraph (1) shall not reveal the identity of any program participant, nor shall it contain any personally identifiable information. -(3) The report required by paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. -11338. -This article shall become inoperative on July 1, -2021, -2022, -and, as of January 1, -2022, -2023, -is repealed, unless a later enacted statute, that becomes operative on or before January 1, -2022, -2023, -deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 3. -The sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to the State Department of Social Services for purposes of funding the pilot program developed pursuant to Article 3.7 (commencing with Section 11337) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code.","Existing federal law provides for the allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. -This bill would require the State Department of Social Services, -in consultation with the County Welfare Directors Association of California, -no later than July 1, -2016, -2017, -to design and implement a 5-year pilot project under which monetary grants are provided to organizations operating programs that assist individuals receiving CalWORKs benefits achieve economic independence. The bill would require the department, in developing the pilot project, among other things, to develop a competitive review process for all grant proposals submitted, -to develop eligibility requirements for organizations seeking a grant, -and to develop an ongoing evaluation of the effectiveness of an organization receiving grant funding in teaching its program participants the skills necessary to achieve economic independence. The bill would authorize the department to enter into an agreement with an academic institution or other entity with sufficient expertise for the purpose of creating, performing, or both creating and performing the evaluation. The bill would authorize an organization receiving a grant to utilize the funds in any reasonable manner, as long as the funds are expended in furtherance of the organization’s program or other requirements established by the department. -The bill would require organizations receiving grant funding to contact the county welfare department upon being notified of the grant and to make a good faith effort to coordinate their programs with CalWORKs requirements. -The bill would require the department, or the academic institution or other entity the department contracted with, to send a report evaluating the effectiveness of the programs funded by the grants to the relevant policy and fiscal committees of the Legislature by December 31, -2020. -2021. -The bill would appropriate $50,000,000 from the General Fund for the purpose of funding these provisions. The bill would make these provisions inoperative on July 1, -2021, -2022, -and would repeal them on January 1, -2022. -2023.","An act to add and repeal Article 3.7 (commencing with Section 11337) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, relating to public social services, and making an appropriation therefor." -190,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 42023.1 of the Public Resources Code is amended to read: -42023.1. -(a) The Recycling Market Development Revolving Loan Subaccount is hereby created in the account for the purpose of providing loans for purposes of the Recycling Market Development Revolving Loan Program established pursuant to this article and for making payments pursuant to subdivision (g). -(b) Notwithstanding Section 13340 of the Government Code, the funds deposited in the subaccount are hereby continuously appropriated to the department without regard to fiscal year for making loans pursuant to this article and for making payments pursuant to subdivision (g). -(c) The department may expend interest earnings on funds in the subaccount for administrative expenses incurred in carrying out the Recycling Market Development Revolving Loan Program, upon the appropriation of funds in the subaccount for that purpose in the annual Budget Act. -(d) The money from loan repayments and fees, including, but not limited to, principal and interest repayments, fees and points, recovery of collection costs, income earned on an asset recovered pursuant to a loan default, and funds collected through foreclosure actions shall be deposited in the subaccount. -(e) All interest accruing on interest payments from loan applicants shall be deposited in the subaccount. -(f) The department may expend the money in the subaccount to make loans to local governing bodies, private businesses, and nonprofit entities within recycling market development zones, or in areas outside zones where partnerships exist with other public entities to assist local jurisdictions to comply with Section 40051. -(g) The department may expend the money in the subaccount to make payments to local governing bodies within a recycling market zone for services related to the promotion of the zone. The services may include, but are not limited to, training, outreach, development of written promotional materials, and technical analyses of feedstock availability. -(h) The department shall not fund a loan until it determines that the applicant has obtained all significant applicable federal, state, and local permits. The department shall determine which applicable federal, state, and local permits are significant. -(i) The department shall establish and collect fees for applications for loans authorized by this section. The application fee shall be set at a level that is sufficient to fund the department’s cost of processing applications for loans. In addition, the department shall establish a schedule of fees or points for loans that are entered into by the department, to fund the department’s administration of the revolving loan program. -(j) The department may expend money in the subaccount for the administration of the Recycling Market Development Revolving Loan Program, upon the appropriation of funds in the subaccount for that purpose in the annual Budget Act. In addition, the department may expend money in the account to administer the revolving loan program, upon the appropriation of funds in the subaccount for that purpose in the annual Budget Act. However, funding for the administration of the revolving loan program from the account shall be provided only if there are not sufficient funds in the subaccount to fully fund the administration of the program. -(k) The department, pursuant to subdivision (a) of Section 47901, may set aside funds for the purposes of paying costs necessary to protect the state’s position as a lender-creditor. These costs shall be broadly construed to include, but not be limited to, foreclosure expenses, auction fees, title searches, appraisals, real estate brokerage fees, attorney fees, mortgage payments, insurance payments, utility costs, repair costs, removal and storage costs for repossessed equipment and inventory, and additional expenditures to purchase a senior lien in foreclosure or bankruptcy proceedings. -(l) (1) Except as provided in paragraph (2), this section shall become inoperative on July 1, 2021, and as of January 1, 2022, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2022, deletes or extends the date on which it becomes inoperative and is repealed. -(2) The repeal of this section pursuant to paragraph (1) shall not extinguish any loan obligation or the authority of the state to pursue appropriate actions for the collection of a loan. -SEC. 2. -Section 48705 of the Public Resources Code is amended to read: -48705. -(a) On or before November 1, 2016, and each year thereafter, a manufacturer of architectural paint sold in this state shall, individually or through a representative stewardship organization, submit a report to the department describing its architectural paint recovery efforts. At a minimum, the report shall include all of the following: -(1) The total volume of architectural paint sold in this state during the preceding fiscal year. -(2) The total volume of postconsumer architectural paint recovered in this state during the preceding fiscal year. -(3) A description of methods used to collect, transport, and process postconsumer architectural paint in this state. -(4) The total cost of implementing the architectural paint stewardship program. -(5) An evaluation of how the architectural paint stewardship program’s funding mechanism operated. -(6) An independent financial audit funded from the paint stewardship assessment. -(7) Examples of educational materials that were provided to consumers the first year and any changes to those materials in subsequent years. -(b) The department shall review the annual report required pursuant to this section and within 90 days of receipt shall adopt a finding of compliance or noncompliance with this chapter.","(1) Existing law requires the Department of Resources Recycling and Recovery to develop a comprehensive market development plan that will stimulate market demand in the state for postconsumer waste material and secondary waste material generated in the state. Existing law authorizes a local governing body, as defined, to propose eligible property within its jurisdiction as a recycling market development zone, as defined, and authorizes the department to designate recycling market development zones. -Existing law creates the Recycling Market Development Revolving Loan Subaccount and continuously appropriates the funds deposited in the subaccount to the department for making loans to local governing bodies, private businesses, and nonprofit entities within the recycling market development zones and in other specified areas for purposes of the Recycling Market Development Revolving Loan Program. Existing law makes these provisions inoperative on July 1, 2021. -This bill would authorize the department to expend moneys in the subaccount to make payments to local governing bodies within recycling market development zones for services related to the promotion of the zone. By expanding the purposes of a continuously appropriated fund, the bill would make an appropriation. -(2) The California Integrated Waste Management Act of 1989 requires a manufacturer of architectural paint or the designated stewardship organization to submit to the Department of Resources Recycling and Recovery an architectural paint stewardship plan to develop and implement a recovery program to manage the end of life of postconsumer architectural paint. A manufacturer is required to submit a report to the department by September 1 of each year, describing its paint recovery efforts. -This bill would change the date when the report is due to November 1 of each year.","An act to amend Sections 42023.1 and 48705 of the Public Resources Code, relating to recycling, and making an appropriation therefor." -191,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 89036.5 is added to the Education Code, to read: -89036.5. -(a) The purpose of this section is to establish standards for the use of personal services contracts. -(b) The trustees may enter into personal services contracts to achieve cost savings when all the following conditions are met: -(1) The trustees clearly demonstrate that the proposed contract will result in actual overall cost savings to the California State University, provided that: -(A) In comparing costs, there shall be included the university’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. -(B) In comparing costs, there shall not be included the university’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by university employees. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. -(C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing university costs that would be directly associated with the contracted function. These continuing costs shall include, but not be limited to, those for inspection, supervision, and monitoring. -(2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not significantly undercut university pay rates. -(3) The contract does not cause the displacement of university employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. -(4) The contract does not adversely affect the university’s affirmative action efforts. -(5) The savings shall be large enough to ensure that they will not be eliminated by private sector and university cost fluctuations that could normally be expected during the contracting period. -(6) The amount of savings clearly justify the size and duration of the contracting agreement. -(7) The contract is awarded through a publicized, competitive bidding process. -(8) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination, affirmative action standards. -(9) The potential for future economic risk to the university from potential contractor rate increases is minimal. -(10) The contract is with a firm. A “firm” means a corporation, partnership, nonprofit organization, or sole proprietorship. -(11) The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by university. -(c) The trustees may also enter into personal services contracts when any of the following conditions can be met: -(1) The contract is for a new university function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. -(2) The services contracted are not available within the university, cannot be performed satisfactorily by university employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available from the university’s employees. -(3) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. -(4) The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of university employees because of the need to protect against a conflict of interest or to insure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. -(5) Due to an emergency, a contract is necessary for the immediate preservation of the public health, welfare, or safety. -(6) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the university in the location where the services are to be performed. -(7) The contractor will conduct training courses for which appropriately qualified university instructors are not available, provided that permanent instructor positions in academies or similar settings shall be filled through the process for hiring university employees. -(8) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation through the process for hiring university employees would frustrate their very purpose. -SECTION 1. -Section 19130 of the -Government Code -is amended to read: -19130. -The purpose of this article is to establish standards for the use of personal services contracts. -(a)Personal services contracting is permissible to achieve cost savings when all the following conditions are met: -(1)The contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the state, provided that: -(A)In comparing costs, there shall be included the state’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. -(B)In comparing costs, there shall not be included the state’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed in state service. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. -(C)In comparing costs, there shall be included in the cost of a contractor providing a service any continuing state costs that would be directly associated with the contracted function. These continuing state costs shall include, but not be limited to, those for inspection, supervision, and monitoring. -(2)Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not significantly undercut state pay rates. -(3)The contract does not cause the displacement of civil service employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. -(4)The contract does not adversely affect the state’s affirmative action efforts. -(5)The savings shall be large enough to ensure that they will not be eliminated by private sector and state cost fluctuations that could normally be expected during the contracting period. -(6)The amount of savings clearly justify the size and duration of the contracting agreement. -(7)The contract is awarded through a publicized, competitive bidding process. -(8)The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination, affirmative action standards. -(9)The potential for future economic risk to the state from potential contractor rate increases is minimal. -(10)The contract is with a firm. A “firm” means a corporation, partnership, nonprofit organization, or sole proprietorship. -(11)The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by state government. -(b)Personal services contracting also shall be permissible when any of the following conditions can be met: -(1)The functions contracted are exempted from civil service by Section 4 of Article VII of the California Constitution, which describes exempt appointments. -(2)The contract is for a new state function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. -(3)The services contracted are not available within civil service, cannot be performed satisfactorily by civil service employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the civil service system. -(4)The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. -(5)The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of persons selected pursuant to the regular civil service system. Contracts are permissible under this criterion to protect against a conflict of interest or to insure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. -(6)The nature of the work is such that the Government Code standards for emergency appointments apply. These contracts shall conform with Article 8 (commencing with Section 19888) of Chapter 2.5 of Part 2.6. -(7)State agencies need private counsel because a conflict of interest on the part of the Attorney General’s office prevents it from representing the agency without compromising its position. These contracts shall require the written consent of the Attorney General, pursuant to Section 11040. -(8)The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the state in the location where the services are to be performed. -(9)The contractor will conduct training courses for which appropriately qualified civil service instructors are not available, provided that permanent instructor positions in academies or similar settings shall be filled through civil service appointment. -(10)The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under civil service would frustrate their very purpose. -(c)All persons who provide services to the state under conditions the board determines constitute an employment relationship shall, unless exempted from civil service by Section 4 of Article VII of the California Constitution, be retained under an appropriate civil service appointment. -(d)This article shall apply to the California State University. Any reference in this article to a contracting agency or a state agency shall include the California State University.","Existing -law -law, the State Civil Service Act, -establishes standards for the use of personal services contracts by state agencies. -Existing law -The act -provides that personal services contracting is permissible to achieve cost savings when certain conditions are met, including, but not limited to, that the contracting agency demonstrates that the proposed contract will result in actual overall cost savings to the state and that the contract will not cause the displacement of civil service employees. -The act also -authorizes state agencies to enter into personal services contracts for functions exempted from civil service. The California Constitution excludes the officers and employees of the California State University from the state civil service. -This bill would make these provisions for the use of personal services contracts applicable to California State Universities. -Existing law authorizes the trustees of the California State University to enter into agreements with any public or private agency, person, or institution for the furnishing of services, facilities, goods, supplies, or equipment, among others, and requires the trustees to prescribe policies and procedures for the acquisition of those services, facilities, materials, goods, supplies, or equipment. -This bill would establish standards for the use of personal services contracts by the trustees of the California State University similar to those in the State Civil Service Act.","An act to -amend Section 19130 of the Government -add Section 89036.5 to the Education -Code, relating to personal -service -services -contracts." -192,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4073.5 is added to the Business and Professions Code, to read: -4073.5. -(a) A pharmacist filling a prescription order for a prescribed biological product may select an alternative biological product only if all of the following: -(1) The alternative biological product is interchangeable. -(2) The prescriber does not personally indicate “Do not substitute,” or words of similar meaning, in the manner provided in subdivision (d). -(b) Within five days following the dispensing of a biological product, a dispensing pharmacist or the pharmacists’ designee shall make an entry of the specific biological product provided to the patient, including the name of the biological product and the manufacturer. The communication shall be conveyed by making an entry that can be electronically accessed by the prescriber through one or more of the following electronic records systems: -(1) An interoperable electronic medical records system. -(2) An electronic prescribing technology. -(3) A pharmacy benefit management system. -(4) A pharmacy record. -(c) Entry into an electronic records system as described in subdivision (b) is presumed to provide notice to the prescriber. -(d) If the pharmacy does not have access to one or more of the entry systems in subdivision (b), the pharmacist or the pharmacist’s designee shall communicate the name of the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means, except that communication shall not be required in this instance to the prescriber when either of the following apply: -(1) There is no interchangeable biological product approved by the federal Food and Drug Administration for the product prescribed. -(2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription. -(e) In no case shall a selection be made pursuant to this section if the prescriber personally indicates, either orally or in his or her own handwriting, “Do not substitute,” or words of similar meaning. -(1) This subdivision shall not prohibit a prescriber from checking a box on a prescription marked “Do not substitute,” provided that the prescriber personally initials the box or checkmark. -(2) To indicate that a selection shall not be made pursuant to this section for an electronic data transmission prescription, as defined in subdivision (c) of Section 4040, a prescriber may indicate “Do not substitute,” or words of similar meaning, in the prescription as transmitted by electronic data, or may check a box marked on the prescription “Do not substitute.” In either instance, it shall not be required that the prohibition on substitution be manually initialed by the prescriber. -(f) Selection pursuant to this section is within the discretion of the pharmacist, except as provided in subdivision (e). A pharmacist who selects an alternative biological product to be dispensed pursuant to this section shall assume the same responsibility for substituting the biological product as would be incurred in filling a prescription for a biological product prescribed by name. There shall be no liability on the prescriber for an act or omission by a pharmacist in selecting, preparing, or dispensing a biological product pursuant to this section. In no case shall the pharmacist select a biological product that meets the requirements of subdivision (a) unless the cost to the patient of the biological product selected is the same or less than the cost of the prescribed biological product. Cost, as used in this subdivision, includes any professional fee that may be charged by the pharmacist. -(g) This section shall apply to all prescriptions, including those presented by or on behalf of persons receiving assistance from the federal government or pursuant to the Medi-Cal Act set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. -(h) When a selection is made pursuant to this section, the substitution of a biological product shall be communicated to the patient. -(i) The board shall maintain on its public Internet Web site a link to the current list, if available, of biological products determined by the federal Food and Drug Administration to be interchangeable. -(j) For purposes of this section, the following terms shall have the following meanings: -(1) “Biological product” has the same meaning that applies to that term under Section 351 of the federal Public Health Service Act (42 U.S.C. Sec. 262(i)). -(2) “Interchangeable” means a biological product that the federal Food and Drug Administration has determined meets the standards set forth in Section 262(k)(4) of Title 42 of the United States Code, or has been deemed therapeutically equivalent by the federal Food and Drug Administration as set forth in the latest addition or supplement of the Approved Drug Products with Therapeutic Equivalence Evaluations. -(3) “Prescription,” with respect to a biological product, means a prescription for a product that is subject to Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 353(b)). -(k) This section shall not prohibit the administration of immunizations, as permitted in Sections 4052 and 4052.8. -(l) This section shall not prohibit a disability insurer or health care service plan from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any biological product. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Pharmacy Law governs the practice of pharmacy in this state, including the permissible duties of licensed pharmacists. The Pharmacy Law authorizes a pharmacist filling a prescription order for a drug product prescribed by its trade or brand name to select another drug product with the same active chemical ingredients of the same strength, quantity, and dosage form, and of the same generic drug name as determined, as specified, of those drug products having the same active chemical ingredients. A knowing violation of the Pharmacy Law is a misdemeanor. -This bill, except as specified, would authorize a pharmacist to select an alternative biological product when filling a prescription order for a prescribed biological product if the alternative biological product is interchangeable, as defined, and the prescriber does not personally indicate in a prescribed manner that a substitution is not to be made. The bill would require a pharmacist or a designee, within a specified period following the dispensing of a biological product, to make an electronically accessible entry in a described entry system of the specific biological product provided to the patient. The bill would provide an alternate means of communicating the name of the biological product dispensed to the prescriber if the pharmacy does not have access to one or more of the described entry systems. The bill would also require that the substitution of a biological product be communicated to the patient. The bill would prohibit a pharmacist from selecting an alternative biological product that meets the requirements of these provisions unless the cost to the patient of the alternative biological product selected is the same or less than the cost of the prescribed biological product. Because a knowing violation of these requirements would be a misdemeanor, the bill would create new crimes, thereby imposing a state-mandated local program. -The bill would also require the California State Board of Pharmacy to maintain on its public Internet Web site a link to the current list, if available, of biological products determined by the federal Food and Drug Administration to be interchangeable. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 4073.5 to the Business and Professions Code, relating to pharmacy." -193,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1262.5 of the Health and Safety Code is amended to read: -1262.5. -(a) Each hospital shall have a written discharge planning policy and process. -(b) The policy required by subdivision (a) shall require that appropriate arrangements for posthospital care, including, but not limited to, care at home, in a skilled nursing or intermediate care facility, or from a hospice, are made prior to discharge for those patients who are likely to suffer adverse health consequences upon discharge if there is no adequate discharge planning. If the hospital determines that the patient and family members or interested persons need to be counseled to prepare them for posthospital care, the hospital shall provide for that counseling. -(c) As part of the discharge planning process, the hospital shall provide each patient who has been admitted to the hospital as an inpatient with an opportunity to identify one family caregiver who may assist in posthospital care, and shall record this information in the patient’s medical chart. -(A) In the event that the patient is unconscious or otherwise incapacitated upon admittance to the hospital, the hospital shall provide the patient or patient’s legal guardian with an opportunity to designate a caregiver within a specified time period, at the discretion of the attending physician, following the patient’s recovery of consciousness or capacity. The hospital shall promptly document the attempt in the patient’s medical record. -(B) In the event that the patient or legal guardian declines to designate a caregiver pursuant to this section, the hospital shall promptly document this declination in the patient’s medical record, when appropriate. -(d) The policy required by subdivision (a) shall require that the patient’s designated family caregiver be notified of the patient’s discharge or transfer to another facility as soon as possible and, in any event, upon issuance of a discharge order by the patient’s attending physician. If the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge of the patient. The hospital shall promptly document the attempted notification in the patient’s medical record. -(e) The process required by subdivision (a) shall require that the patient and family caregiver be informed of the continuing health care requirements following discharge from the hospital. The right to information regarding continuing health care requirements following discharge shall also apply to the person who has legal responsibility to make decisions regarding medical care on behalf of the patient, if the patient is unable to make those decisions for himself or herself. The hospital shall provide an opportunity for the patient and his or her designated family caregiver to engage in the discharge planning process, which shall include providing information and, when appropriate, instruction regarding the posthospital care needs of the patient. This information shall include, but is not limited to, education and counseling about the patient’s medications, including dosing and proper use of medication delivery devices, when applicable. The information shall be provided in a culturally competent manner and in a language that is comprehensible to the patient and caregiver, consistent with the requirements of state and federal law, and shall include an opportunity for the caregiver to ask questions about the posthospital care needs of the patient. -(f) (1) A transfer summary shall accompany the patient upon transfer to a skilled nursing or intermediate care facility or to the distinct part-skilled nursing or intermediate care service unit of the hospital. The transfer summary shall include essential information relative to the patient’s diagnosis, hospital course, pain treatment and management, medications, treatments, dietary requirement, rehabilitation potential, known allergies, and treatment plan, and shall be signed by the physician. -(2) A copy of the transfer summary shall be given to the patient and the patient’s legal representative, if any, prior to transfer to a skilled nursing or intermediate care facility. -(g) A hospital shall establish and implement a written policy to ensure that each patient receives, at the time of discharge, information regarding each medication dispensed, pursuant to Section 4074 of the Business and Professions Code. -(h) A hospital shall provide every patient anticipated to be in need of long-term care at the time of discharge with contact information for at least one public or nonprofit agency or organization dedicated to providing information or referral services relating to community-based long-term care options in the patient’s county of residence and appropriate to the needs and characteristics of the patient. At a minimum, this information shall include contact information for the area agency on aging serving the patient’s county of residence, local independent living centers, or other information appropriate to the needs and characteristics of the patient. -(i) A contract between a general acute care hospital and a health care service plan that is issued, amended, renewed, or delivered on or after January 1, 2002, may not contain a provision that prohibits or restricts any health care facility’s compliance with the requirements of this section. -(j) Discharge planning policies adopted by a hospital in accordance with this section shall ensure that planning is appropriate to the condition of the patient being discharged from the hospital and to the discharge destination and meets the needs and acuity of patients. -(k) This section does not require a hospital to do either of the following: -(1) Adopt a policy that would delay discharge or transfer of a patient. -(2) Disclose information if the patient has not provided consent that meets the standards required by state and federal laws governing the privacy and security of protected health information. -(l) This section does not supersede or modify any privacy and information security requirements and protections in federal and state law regarding protected health information or personally identifiable information, including, but not limited to, the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg). -(m) For the purposes of this section, “family caregiver” means a relative, friend, or neighbor who provides assistance related to an underlying physical or mental disability but who is unpaid for those services. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires the State Department of Public Health to license and regulate health facilities, defined to mean a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, as specified. Existing law requires hospitals, among other things, to have a written discharge planning policy and process that requires appropriate arrangements to be made for posthospital care. A violation of those provisions is a crime. -This bill would require a hospital to take specified actions relating to family caregivers, including, among others, notifying the family caregiver of the patient’s discharge or transfer to another facility and providing information and counseling regarding the posthospital care needs of the patient, if the patient has consented to the disclosure of this information. By expanding the scope of a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1262.5 of the Health and Safety Code, relating to health facilities." -194,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 502.01 of the Penal Code is amended to read: -502.01. -(a) As used in this section: -(1) “Property subject to forfeiture” means any property of the defendant that is illegal telecommunications equipment as defined in subdivision (g) of Section 502.8, or a computer, computer system, or computer network, and any software or data residing thereon, if the telecommunications device, computer, computer system, or computer network was used in committing a violation of, or conspiracy to commit a violation of, subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 422, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, or 530.5, 537e, 593d, 593e, 646.9, or subdivision (j) of Section 647, or was used as a repository for the storage of software or data obtained in violation of those provisions. Forfeiture shall not be available for any property used solely in the commission of an infraction. If the defendant is a minor, it also includes property of the parent or guardian of the defendant. -(2) “Sentencing court” means the court sentencing a person found guilty of violating or conspiring to commit a violation of subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 422, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdi0 1em 0;"">(b) The sentencing court shall, upon petition by the prosecuting attorney, at any time following sentencing, or by agreement of all parties, at the time of sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this section. At the forfeiture hearing, the prosecuting attorney shall have the burden of establishing, by a preponderance of the evidence, that the property or property interests are subject to forfeiture. The prosecuting attorney may retain seized property that may be subject to forfeiture until the sentencing hearing. -(c) (1) Prior to the commencement of a forfeiture proceeding, the law enforcement agency seizing the property subject to forfeiture shall make an investigation as to any person other than the defendant who may have an interest in it. At least 30 days before the hearing to determine whether the property should be forfeited, the prosecuting agency shall send notice of the hearing to any person who may have an interest in the property that arose before the seizure. -(2) A person claiming an interest in the property shall file a motion for the redemption of that interest at least 10 days before the hearing on forfeiture, and shall send a copy of the motion to the prosecuting agency and to the probation department. -(3) If a motion to redeem an interest has been filed, the sentencing court shall hold a hearing to identify all persons who possess valid interests in the property. No person shall hold a valid interest in the property if, by a preponderance of the evidence, the prosecuting agency shows that the person knew or should have known that the property was being used in violation of, or conspiracy to commit a violation of, subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, 530.5, 537e, 593d, 593e, 646.9, or subdivision (j) of Section 647, and that the person did not take reasonable steps to prevent that use, or if the interest is a security interest, the person knew or should have known at the time that the security interest was created that the property would be used for a violation. -(d) If the sentencing court finds that a person holds a valid interest in the property, the following provisions shall apply: -(1) The court shall determine the value of the property. -(2) The court shall determine the value of each valid interest in the property. -(3) If the value of the property is greater than the value of the interest, the holder of the interest shall be entitled to ownership of the property upon paying the court the difference between the value of the property and the value of the valid interest. -If the holder of the interest declines to pay the amount determined under paragraph (2), the court may order the property sold and designate the prosecutor or any other agency to sell the property. The designated agency shall be entitled to seize the property and the holder of the interest shall forward any documentation underlying the interest, including any ownership certificates for that property, to the designated agency. The designated agency shall sell the property and pay the owner of the interest the proceeds, up to the value of that interest. -(4) If the value of the property is less than the value of the interest, the designated agency shall sell the property and pay the owner of the interest the proceeds, up to the value of that interest. -(e) If the defendant was a minor at the time of the offense, this subdivision shall apply to property subject to forfeiture that is the property of the parent or guardian of the minor. -(1) The prosecuting agency shall notify the parent or guardian of the forfeiture hearing at least 30 days before the date set for the hearing. -(2) The computer or telecommunications device shall not be subject to forfeiture if the parent or guardian files a signed statement with the court at least 10 days before the date set for the hearing that the minor shall not have access to any computer or telecommunications device owned by the parent or guardian for two years after the date on which the minor is sentenced. -(3) If the minor is convicted of a violation of Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a, 472, 476, 480, or subdivision (b) of Section 484e, subdivision (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, 530.5, or subdivision (j) of Section 647, within two years after the date on which the minor is sentenced, and the violation involves a computer or telecommunications device owned by the parent or guardian, the original property subject to forfeiture, and the property involved in the new offense, shall be subject to forfeiture notwithstanding paragraph (2). -(4) Notwithstanding paragraph (1), (2), or (3), or any other provision of this chapter, if a minor’s parent or guardian makes full restitution to the victim of a crime enumerated in this chapter in an amount or manner determined by the court, the forfeiture provisions of this chapter do not apply to the property of that parent or guardian if the property was located in the family’s primary residence during the commission of the crime. -(f) Notwithstanding any other provision of this chapter, the court may exercise its discretion to deny forfeiture where the court finds that the convicted defendant, or minor adjudicated to come within the jurisdiction of the juvenile court, is not likely to use the property otherwise subject to forfeiture for future illegal acts. -(g) If the defendant is found to have the only valid interest in the property subject to forfeiture, it shall be distributed as follows: -(1) First, to the victim, if the victim elects to take the property as full or partial restitution for injury, victim expenditures, or compensatory damages, as defined in paragraph (1) of subdivision (e) of Section 502. If the victim elects to receive the property under this paragraph, the value of the property shall be determined by the court and that amount shall be credited against the restitution owed by the defendant. The victim shall not be penalized for electing not to accept the forfeited property in lieu of full or partial restitution. -(2) Second, at the discretion of the court, to one or more of the following agencies or entities: -(A) The prosecuting agency. -(B) The public entity of which the prosecuting agency is a part. -(C) The public entity whose officers or employees conducted the investigation resulting in forfeiture. -(D) Other state and local public entities, including school districts. -(E) Nonprofit charitable organizations. -(h) If the property is to be sold, the court may designate the prosecuting agency or any other agency to sell the property at auction. The proceeds of the sale shall be distributed by the court as follows: -(1) To the bona fide or innocent purchaser or encumbrancer, conditional sales vendor, or mortgagee of the property up to the amount of his or her interest in the property, if the court orders a distribution to that person. -(2) The balance, if any, to be retained by the court, subject to the provisions for distribution under subdivision (g). -SEC. 2. -Section 647.8 is added to the Penal Code, to read: -647.8. -(a) Matter that is obtained or distributed in violation of subdivision (j) of Section 647 and that is in the possession of any city, county, city and county, or state official or agency is subject to forfeiture pursuant to this section. -(b) An action to forfeit matter described in subdivision (a) may be brought by the Attorney General, the district attorney, county counsel, or the city attorney. Proceedings shall be initiated by a petition of forfeiture filed in the superior court of the county in which the matter is located. -(c) The prosecuting agency shall make service of process of a notice regarding that petition upon every individual who may have a property interest in the alleged proceeds. The notice shall state that any interested party may file a verified claim with the superior court stating the amount of his or her claimed interest and an affirmation or denial of the prosecuting agency’s allegation. If the notice cannot be given by registered mail or personal delivery, the notice shall be published for at least three successive weeks in a newspaper of general circulation in the county where the property is located. All notices shall set forth the time within which a claim of interest in the property seized is required to be filed. -(d) (1) Any person claiming an interest in the property or proceeds may, at any time within 30 days from the date of the first publication of the notice of seizure, or within 30 days after receipt of actual notice, file with the superior court of the county in which the action is pending a verified claim stating his or her interest in the property or proceeds. A verified copy of the claim shall be given by the claimant to the Attorney General or district attorney, county counsel, or city attorney, as appropriate. -(2) If, at the end of the time set forth in paragraph (1), an interested person has not filed a claim, the court, upon motion, shall declare that the person has defaulted upon his or her alleged interest, and it shall be subject to forfeiture upon proof of compliance with subdivision (c). -(e) The burden is on the petitioner to prove beyond a reasonable doubt that matter is subject to forfeiture pursuant to this section. -(f) It is not necessary to seek or obtain a criminal conviction prior to the entry of an order for the destruction of matter pursuant to this section. Any matter described in subdivision (a) that is in the possession of any city, county, city and county, or state official or agency, including found property, or property obtained as the result of a case in which no trial was had or that has been disposed of by way of dismissal or otherwise than by way of conviction may be ordered destroyed. -(g) A court order for destruction of matter described in subdivision (a) may be carried out by a police or sheriff’s department or by the Department of Justice. The court order shall specify the agency responsible for the destruction. -(h) As used in this section, “matter” means any picture, photograph, image, motion picture, video tape, film, filmstrip, negative, slide, photocopy, or other pictorial representation, recording, or electrical reproduction. “Matter” also means any data storage media that contains the image at issue, but does not include the computer, camera, telecommunication or electronic device, unless the matter consists solely of electronic information stored on a device that cannot be altered or erased. -(i) Prior for granting an order for destruction of matter pursuant to this section, the court may require the petitioner to demonstrate that the petition covers no more property than necessary to remove possession of the offending matter. -(j) It is a defense in any forfeiture proceeding that the matter seized was lawfully possessed in aid of legitimate scientific or educational purposes.","Existing law provides that a person who photographs or records by any means the image of the intimate body part or parts of another identifiable person, under circumstances where the parties agree or understand that the image shall remain private, and the person subsequently distributes the image taken, with the intent to cause serious emotional distress, and the depicted person suffers serious emotional distress, is guilty of disorderly conduct, a misdemeanor. -Under existing law, matter that depicts a person under 18 years of age personally engaging in or personally simulating sexual conduct, as defined, and that is in the possession of any city, county, city and county, or state official or agency is subject to forfeiture pursuant to a petition for forfeiture brought in the county in which the matter is located. Existing law provides for forfeiture by a defendant of illegal telecommunications equipment, or a computer, computer system, or computer network, and any software or data that was used in committing specified crimes, including depiction of a person under 18 years of age personally engaging in or personally simulating sexual conduct. -This bill would make the forfeiture provisions described above applicable to illegal telecommunications equipment, or a computer, computer system, or computer network, and any software or data, when used in committing a violation of disorderly conduct related to invasion of privacy, as specified. The bill would also establish forfeiture proceedings for matter obtained through disorderly conduct by invasion of privacy, as specified.","An act to amend Section 502.01 of, and to add Section 647.8 to, the Penal Code, relating to disorderly conduct." -195,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 71621 is added to the Government Code, to read: -71621. -The purpose of this section is to establish standards for when a trial court intends to enter into a contract for any services that are currently or have been customarily performed by that trial court’s employees. -(a) Contracts for services that are currently or customarily performed by a trial court’s employees are permissible to achieve cost savings in that trial court when all of the following conditions are met: -(1) The trial court clearly demonstrates that the proposed contract will result in actual overall cost savings to the trial court, provided that: -(A) In comparing costs, there shall be included the trial court’s additional costs of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the costs of additional space, equipment, and materials needed to perform the function. -(B) In comparing costs, there shall not be included the trial court’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the trial court. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. -(C) In comparing costs, there shall be included in the costs of a contractor providing a service any continuing trial court costs that would be directly associated with the contracted function. These continuing trial court costs shall include, but not be limited to, those for inspection, supervision, and monitoring. -(2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Contracts shall be eligible for approval if the contractor’s wages are at the industry’s level and do not significantly undercut trial court pay rates. -(3) The contract does not cause the displacement of trial court employees. The term “displacement” includes layoff, demotion, loss of employment or employment seniority, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. -(4) The savings shall be large enough to ensure that they will not be eliminated by private sector and trial court cost fluctuations that could normally be expected during the contracting period. -(5) The amount of savings clearly justifies the size and duration of the contracting agreement. -(6) The contract is awarded through a publicized, competitive bidding process. -(7) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination standards. -(8) The potential for future economic risk to the trial court from potential contractor rate increases is minimal. -(9) The contract is with a firm. A “firm” means a corporation, partnership, nonprofit organization, or sole proprietorship. -(10) The potential economic advantage of contracting out is not outweighed by the public’s interest in having a particular function performed directly by the trial court. -(11) The contract shall also comply with any additional requirements imposed by the Judicial Branch Contracting Manual adopted pursuant to Section 19206 of the Public Contract Code to the extent those requirements are applicable to the contract. -(b) This section does not preclude a trial court or the Judicial Council from adopting more restrictive rules regarding the contracting of court services. -(c) Contracting shall also be permissible when any of the following conditions can be met: -(1) The contract is for a new trial court function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. -(2) The contract is between a trial court and another trial court or government entity for services to be performed by employees of the other trial court or employees of the government entity. -(3) The services contracted for cannot be satisfactorily performed by trial court employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability cannot be obtained from the court’s trial court employees. -(4) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts described in this paragraph, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. Service agreements do not include contracts to operate equipment or computers for purposes other than service or maintenance. -(5) The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of trial court employees because of the need to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for an independent, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. -(6) Due to an emergency, a contract is necessary for the immediate preservation of the public health, welfare, or safety. -(7) The contractor will conduct training courses for which appropriately qualified trial court employee instructors are not available from the court, provided that permanent instructor positions shall be filled through the process for hiring trial court employees. -(8) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the trial court in the location where the services are to be performed. This paragraph shall not apply to services contracted in order to open closed courthouses if those services were performed by trial court employees before the closure or for the ongoing operation of new or reopened courthouses. -(9) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation through the process for hiring trial court employees would frustrate their very purpose. This paragraph shall not apply to the services of official court reporters, except individual official reporters pro tempore may be used by a trial court when the criteria of this paragraph are met. -(10) The contract is a personal services contract developed pursuant to rehabilitation programs in accordance with Sections 19403 and 19404 of the Welfare and Institutions Code, pursuant to habilitation programs in accordance with Chapter 13 (commencing with Section 4850) of Division 4.5 of the Welfare and Institutions Code, or pursuant to a program vendored or contracted through a regional center or the State Department of Developmental Services in accordance with the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code), and the contract will not cause an existing trial court employee to incur a loss of his or her employment or employment seniority; a reduction in wages, benefits, or hours; or an involuntary transfer to a new location requiring a change in residence. -(11) The contract is for the services of any court interpreter. Contracts for the services of any court interpreter, and restrictions on contracting out interpreter services, shall be governed by the Trial Court Interpreter Employment and Labor Relations Act (Chapter 7.5 (commencing with Section 71800)) and any memorandum of understanding or agreement entered into pursuant to that act, or by the other provisions of this chapter, the Trial Court Employment Protection and Governance Act, and any memorandum of understanding or agreement entered into pursuant to that act, as applicable. -(12) The contract is for services provided to a court by a traffic assistance program, as provided in Section 11205.2 of the Vehicle Code. -SEC. 2. -The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","The Trial Court Employment Protection and Governance Act establishes a trial court employee personnel system that provides authority to hire trial court personnel, regulates the classification and compensation of trial court employees, labor relations, and personnel files, and requires each trial court to establish a system of employment selection and advancement and an employment protection system. -Existing law authorizes state agencies to use personal services contracts to achieve cost savings if specified standards are satisfied, including, among other things, the contract does not cause the displacement of civil service employees and the contract is awarded through a publicized, competitive bidding process. The State Personnel Board is required to review a proposed contract upon the request of an employee organization for compliance with those standards. -This bill would establish specified standards if a trial court intends to enter into a contract for any services that are currently or customarily performed by that trial court’s employees. Among other things, the bill would require the trial court to clearly demonstrate that the proposed contract will result in actual overall cost savings to the trial court. The bill would provide that those standards do not apply to a contract under certain circumstances, including, among others, when the services are incidental to a contract for the purchase or lease of real or personal property. -This bill would provide that its provisions are severable.","An act to add Section 71621 to the Government Code, relating to courts." -196,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 23151 of the Revenue and Taxation Code is amended to read: -23151. -(a) With the exception of banks and financial corporations, every corporation doing business within the limits of this state and not expressly exempted from taxation by the provisions of the Constitution of this state or by this part, shall annually pay to the state, for the privilege of exercising its corporate franchises within this state, a tax according to or measured by its net income, to be computed at the rate of 7.6 percent upon the basis of its net income for the next preceding income year, or if greater, the minimum tax specified in Section 23153. -(b) For calendar or fiscal years ending after June 30, 1973, the rate of tax shall be 9 percent instead of 7.6 percent as provided by subdivision (a). -(c) For calendar or fiscal years ending in 1980 to 1986, inclusive, the rate of tax shall be 9.6 percent. -(d) For calendar or fiscal years ending in 1987 to 1996, inclusive, and for any income year beginning before January 1, 1997, the tax rate shall be 9.3 percent. -(e) For any income year beginning on or after January 1, 1997, the tax rate shall be 8.84 percent. The change in rate provided in this subdivision shall be made without proration otherwise required by Section 24251. -(f) (1) For the first taxable year beginning on or after January 1, 2000, the tax imposed under this section shall be the sum of both of the following: -(A) A tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for the next preceding income year, but not less than the minimum tax specified in Section 23153. -(B) A tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for the first taxable year beginning on or after January 1, 2000, but not less than the minimum tax specified in Section 23153. -(2) Except as provided in paragraph -(1), -(1) and subdivision (g), -for taxable years beginning on or after January 1, 2000, the tax imposed under this section shall be a tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for that taxable year, but not less than the minimum tax specified in Section 23153. -(g) (1) For taxable years beginning on or after January 1, 2015, the tax imposed under this section upon a publicly held corporation, as defined in Section 162(m)(2) of the Internal Revenue Code, relating to publicly held corporation, shall be a tax according to or measured by net income, to be computed at the applicable tax rate upon the basis of the net income for that taxable year, as determined by paragraph (2), but not less than the minimum tax specified in Section 23153. -(2) The applicable tax rate shall be determined as follows: -If the compensation ratio is: -The applicable tax rate is: -Over zero but not over 25 -7% upon the basis of net income -Over 25 but not over 50 -7.5% upon the basis of net income -Over 50 but not over 100 -8% upon the basis of net income -Over 100 but not over 150 -9% upon the basis of net income -Over 150 but not over 200 -9.5% upon the basis of net income -Over 200 but not over 250 -10% upon the basis of net income -Over 250 but not over 300 -11% upon the basis of net income -Over 300 but not over 400 -12% upon the basis of net income -Over 400 -13% upon the basis of net income -(3) For purposes of this subdivision: -(A) “Client employer” means an individual or entity that receives workers to perform labor or services within the usual course of business of the individual or entity from a labor contractor. -(B) (i) “Compensation,” in the case of employees of the taxpayer, other than the chief operating officer or the highest paid employee, means wages as defined in Section 3121(a) of the Internal Revenue Code, relating to wages, paid by the taxpayer during a calendar year to employees of the taxpayer. -(ii) “Compensation,” in the case of the chief operating officer or the highest paid employee of the taxpayer, means total compensation as reported in the Summary Compensation Table reported to the United States Securities and Exchange Commission pursuant to Item 402 of Regulation S-K of the Securities and Exchange Commission. -(C) (i) “Compensation ratio” for a taxable year means a ratio where the numerator is the amount equal to the greater of the compensation of the chief operating officer or the highest paid employee of the taxpayer for the calendar year preceding the beginning of the taxable year and the denominator is the amount equal to the median compensation of all employees employed by the taxpayer, including all contracted employees under contract with the taxpayer, in the United States for the calendar year preceding the beginning of the taxable year. -(ii) For taxpayers that are required to be included in a combined report under Section 25101 or authorized to be included in a combined report under Section 25101.15, the calculation of the ratio in clause (i) shall be made by treating all taxpayers that are required to be or authorized to be included in a combined report as a single taxpayer. -(D) “Contracted employee” means an employee who works for a labor contractor. -(E) “Labor contractor” means an individual or entity that contracts with a client employer to supply workers to perform labor or services or otherwise provides workers to perform labor or services within the usual course of business for the client employer. -(4) A taxpayer subject to this subdivision shall furnish a detailed compensation report to the Franchise Tax Board with its timely filed original return. -(5) (A) If the total number of full-time employees, determined on an annual full-time equivalent basis, employed by the taxpayer in the United States for a taxable year is reduced by more than 10 percent, as compared to the total number of full-time employees, determined on an annual full-time equivalent basis, employed by the taxpayer in the United States for the preceding taxable year and the total number of contracted employees or foreign full-time employees, determined on an annual full-time equivalent basis, of the taxpayer for that taxable year has increased, as compared with the total number of contracted employees or foreign full-time employees, determined on an annual full-time equivalent basis, of the taxpayer for the preceding taxable year, then the applicable tax rate determined under paragraph (2) shall be increased by 50 percent. For taxpayers who first commence doing business in this state during the taxable year, the number of full-time employees, contracted employees, and foreign full-time employees for the immediately preceding prior taxable year shall be zero. -(B) For purposes of this paragraph: -(i) “Annual full-time equivalent” means either of the following: -(I) In the case of a full-time employee paid hourly qualified wages, “annual full-time equivalent” means the total number of hours worked for the qualified taxpayer by the employee, not to exceed 2,000 hours per employee, divided by 2,000. -(II) In the case of a salaried full-time employee, “annual full-time equivalent” means the total number of weeks worked for the qualified taxpayer by the employee divided by 52. -(ii) “Foreign full-time employee” means a full-time employee of the taxpayer that is employed at a location other than the United States. -(iii) “Full-time employee” means an employee of the taxpayer that satisfies either of the following requirements: -(I) Is paid compensation by the taxpayer for services of not less than an average of 30 hours per week. -(II) Is a salaried employee of the taxpayer and is paid compensation during the taxable year for full-time employment, within the meaning of Section 515 of the Labor Code. -(6) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this subdivision, including any guidelines regarding the determination of wages, average compensation, and compensation ratio. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this subdivision. -SEC. 2. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The Corporation Tax Law imposes taxes according to or measured by net income at a rate of 8.84%, or for financial institutions, at a rate of 10.84%, as specified. -This bill would, for taxable years beginning on and after January 1, 2015, revise that rate for taxpayers that are publicly held corporations, as defined, and instead impose an applicable tax rate from 7% to 13%, or for financial institutions, from 9% to 15%, based on the compensation ratio, as defined, of the corporation. This bill would increase the applicable tax rate by 50% for those taxpayers that have a specified decrease in full-time employees employed in the United States as compared to an increase in contracted and foreign full-time employees, as described. -This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of -2/3 -of the membership of each house of the Legislature. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","An act to amend Section 23151 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -197,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California has enacted numerous policies to reduce emissions of greenhouse gases and to increase the use of renewable energy resources and renewable fuels, including the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code), the low carbon fuel standard (Executive Order S-01-07 (January 19, 2007); Title 17 California Code of Regulations Sections 95480 to 95490, inclusive), and the state’s comprehensive strategy to reduce emissions of short-lived climate pollutants (Section 39730 of the Health and Safety Code). -(b) Use of natural gas causes more than one-quarter of all emissions of greenhouse gases in California. Wildfires cause more than one-half of all black carbon emissions, and organic waste is responsible for three of the state’s five largest sources of methane emissions. -(c) Capturing and using methane gas from renewable sources (renewable gas) can significantly reduce emissions of greenhouse gases from fossil fuel use, organic waste, wildfires, and petroleum-based fertilizers. Using renewable gas in place of just 10 percent of California’s fossil fuel derived gas supply would reduce emissions of greenhouse gases by tens of millions of metric tons of carbon dioxide equivalent emissions per year. Renewable gas generated from organic waste provides the lowest carbon transportation fuels in existence and can provide low carbon, flexible fuel for the generation of electricity. -(d) Increasing use of renewable gas in California will protect disadvantaged communities by reducing air and water pollution from fossil fuel refining and combustion. Renewable gas used in place of diesel in heavy-duty vehicles will protect public health by reducing toxic air contaminants. -(e) Renewable gas provides significant economic benefits to California, including job creation, an in-state source of gas, increased energy security, revenue and energy for public agencies, and revenue for dairies, farms, rural forest communities, and other areas. -(f) It is in the interest of the state to establish a renewable gas standard that will diversify and decarbonize California’s gas supply, to provide lower carbon gas for electricity generation, transportation fuels, heating, and industrial purposes. -(g) A renewable gas standard will reduce emissions of greenhouse gases from the oil and gas sector and from the solid waste, food and agriculture, water and wastewater, and forestry sectors. It will increase in-state gas supplies and provide jobs and increased energy security for California. -(h) A renewable gas standard will help California to meet the waste diversion requirements of Section 41781.3, Article 1 (commencing with Section 41780) of Chapter 6 of Part 2 of, and Chapter 12.9 (commencing with Section 42649.8) of Part 3 of, Division 30 of the Public Resources Code, by using diverted organic waste to produce renewable gas. -SEC. 2. -Section 39735 is added to the Health and Safety Code, to read: -39735. -(a) For purposes of this section, the following terms have the following meanings: -(1) “Biogas” means gas that is generated from organic waste or other organic materials, through anaerobic digestion, gasification, pyrolysis, or other technology that converts organic waste to gas. Biogas may be produced from, but not limited to, any of the following sources: -(A) Agricultural waste remaining after all reasonably usable food content is extracted. -(B) Forest waste produced from sustainable forest management practices. -(C) Landfill gas. -(D) Wastewater treatment gas and biosolids. -(E) Diverted organic waste, if the waste is separated and processed to (i) enhance the recovery of recyclable materials and (ii) minimize air emissions and residual wastes in accordance with applicable standards. -(2) “Eligible feedstock” means organic waste or other sustainably produced organic material and electricity generated by an eligible renewable energy resource meeting the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). -(3) “Gas seller” means a gas corporation, as defined by Section 222 of the Public Utilities Code, or another entity authorized to sell natural gas pursuant to natural gas restructuring (Chapter 2.2 (commencing with Section 328) of Part 1 of Division 1 of the Public Utilities Code), including sales to core and noncore customers pursuant to natural gas restructuring. -(4) “Renewable gas” means gas that is generated from organic waste or other renewable sources, including electricity generated by an eligible renewable energy resource meeting the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). Renewable gas includes biogas and synthetic natural gas generated from an eligible feedstock. -(5) “Renewable gas standard” means the quantity of renewable gas that a gas seller is required to provide to retail end-use customers for use in California for each compliance period set forth in subdivision (b). -(b) (1) On or before June 30, -2016, -2017, -the state board, in consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, shall adopt a carbon-based renewable gas standard that requires all gas sellers to provide specified percentages of renewable gas to retail end-use customers for use in California. Each gas seller shall procure a minimum quantity of renewable gas for each of the following compliance periods: -(A) -January 1, 2016, -June 30, 2017, -to December 31, 2019, inclusive. The state board shall require a gas seller to make reasonable progress sufficient to ensure that by the end of the compliance period not less than 1 percent of the gas supplied to retail end-use customers for use in California is renewable gas. -(B) January 1, 2020, to December 31, 2022, inclusive. The state board shall require a gas seller to make reasonable progress sufficient to ensure that by the end of the compliance period not less than 3 percent of the gas supplied to retail end-use customers for use in California is renewable gas. -(C) January 1, 2023, to December 31, 2024, inclusive. The state board shall require a gas seller to make reasonable progress sufficient to ensure that by the end of the compliance period not less than 5 percent of the gas supplied to retail end-use customers for use in California is renewable gas. -(D) January 1, 2025, to December 31, 2029, inclusive. The state board shall require a gas seller to make reasonable progress sufficient to ensure that by the end of the compliance period not less than 10 percent of the gas supplied to retail end-use customers for use in California is renewable gas. -(E) January 1, 2030, and thereafter. The state board shall require a gas seller to ensure that not less than 10 percent of the gas supplied to retail end-use customers for use in California is renewable gas. -(2) Gas sellers shall be obligated to procure no less than the quantities associated with all intervening years by the end of each compliance period. -(c) Only renewable gas that meets any of the following conditions shall count toward meeting the procurement requirements of the renewable gas standard: -(1) The renewable gas is used onsite by an end-use customer in California. -(2) The renewable gas is used by an end-use customer in California and delivered through a dedicated pipeline. -(3) The renewable gas is delivered to end-use customers in California through a common carrier pipeline and meets all of the following requirements: -(A) The source of renewable gas injects the renewable gas into a common carrier pipeline that physically flows within California or toward the end-use customers for which the renewable gas was procured under the purchase contract. -(B) The source of renewable gas did not inject the renewable gas into a common carrier pipeline prior to March 29, 2012, or the source commenced injection of sufficient incremental quantities of renewable gas after March 29, 2012, to satisfy the purchase contract requirements. -(C) The seller or purchaser of the renewable gas demonstrates that the capture and injection of renewable gas into a common carrier pipeline directly results in at least one of the following environmental benefits to California: -(i) The reduction or avoidance of the emission of any criteria air pollutant in California. -(ii) The reduction or avoidance of pollutants that could have an adverse impact on waters of the state. -(iii) The alleviation of a local nuisance within California that is associated with the emission of odors. -(d) In adopting the renewable gas standard, the state board shall do all of the following: -(1) Notify all gas sellers in California of, and how to comply with, the renewable gas standard procurement requirements. The State Board of Equalization may supply the state board with information obtained as a result of its collection of the natural gas surcharge pursuant to Article 10 (commencing with Section 890) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code, to assist the state board in identifying those gas sellers that are not gas corporations, as defined in Section 222 of the Public Utilities Code. The Public Utilities Commission shall notify the state board of each gas corporation that provides gas service to end-use customers in California. -(2) Maintain and publicize a list of eligible renewable gas providers. For these purposes, an eligible renewable gas provider means any person or corporation that is able to supply renewable gas meeting the deliverability requirements of subdivision (c). -(3) Adopt a flexible compliance mechanism, such as tradable renewable gas credits, to increase market flexibility and reduce costs of compliance. If the state board adopts tradable renewable gas credits, those credits shall be based on the carbon intensity of the renewable gas and shall give equal value to renewable gas that is used onsite and renewable gas that is injected into a common carrier pipeline. The flexible compliance mechanism shall also allow for credit banking and borrowing. The state board shall consult with the State Energy Resources Conservation and Development Commission in developing any system for tradable renewable gas credits. -(4) The state board shall consult with the Public Utilities Commission in the development of regulations to implement the renewable gas standard as they affect gas corporations, subject to regulation as public utilities by the commission, in order to minimize duplicative reporting or regulatory requirements. -(5) In consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, adopt a coordinated investment plan to ensure that moneys made available from revenues derived through adoption of a market-based compliance mechanism or through the Alternative and Renewable Fuel and Vehicle Technology Program or Air Quality Improvement Program, are used to reduce the costs to implement the renewable gas standard, including the costs of pipeline injection. -(e) The state board shall waive enforcement of this section if it finds that the gas seller has demonstrated either of the following conditions are beyond the control of the gas seller and will prevent compliance: -(1) Permitting or other circumstances that delay renewable gas projects, or there is an insufficient supply of renewable gas resources available to the gas seller. In making a finding that this condition prevents timely compliance, the state board shall consider whether the gas seller has done all of the following: -(A) Prudently managed portfolio risks, including relying on a sufficient number of viable projects. -(B) Sought to develop its own renewable gas resources, pipelines, or pipeline interconnections to secure renewable gas resources. -(C) Procured an appropriate minimum margin of procurement above the minimum procurement level necessary to comply with the renewables gas standard to compensate for foreseeable delays or insufficient supply. -(D) Taken reasonable measures, under the control of the gas seller, to procure allowable tradable renewable gas credits. -(2) There is a disproportionate impact on commodity rates. The state board, in consultation with the Public Utilities Commission, shall establish a limitation for each gas seller on the expenditures for all renewable gas used to comply with the renewable gas standard. This limitation shall be set at a level that prevents disproportionate commodity rate impacts. In determining whether commodity rate impacts are disproportionate, the state board may consider the extent to which procurement required under this section results in a reduction in compliance costs for any other state obligation and may consider the availability of other incentives and credits that reduce the costs to ratepayers and noncore customers. If the cost limitation is insufficient to support the projected costs of meeting the renewable gas standard requirements, the gas seller may refrain from procuring quantities in excess of those that can be procured within the limitation. -(f) (1) If the state board waives any compliance requirements of this section, the state board shall establish additional reporting requirements on the gas seller to demonstrate that all reasonable actions under the control of the gas seller are taken in each of the intervening years sufficient to satisfy future procurement requirements. -(2) The board shall not waive enforcement pursuant to this section, unless the gas seller demonstrates that it has taken all reasonable actions under its control, as set forth in subdivision (e), to achieve full compliance. -(g) On or before January 1, 2017, the state board shall issue an analysis of the lifecycle emissions of greenhouse gases and reductions for different biogas types and end uses, including, but not limited to, electricity generation, transportation fuels, heating and industrial uses, and as a source of renewable hydrogen for fuel cells. The analysis shall include an assessment of other public health and environmental benefits, including benefits to disadvantaged communities, air and water quality, soil improvement, and wildfire reduction. -SEC. 3. -Section 25327 is added to the Public Resources Code, to read: -25327. -(a) For purposes of this section, “renewable gas” has the same meaning as defined in Section 39735 of the Health and Safety Code. -(b) On or before January 1, 2018, the commission shall provide an assessment of the following to the State Air Resources Board and the Legislature: -(1) Opportunities to colocate renewable gas production with existing vehicle fleets and other transportation fueling opportunities. -(2) Renewable energy production sites that can use the renewable gas onsite to reduce fossil fuel gas consumption for generation of electricity, heating, cooling, or other purposes. -(3) Renewable energy production sites that can cost effectively interconnect to common carrier gas pipelines. -(4) Recommendations to reduce the costs of pipeline interconnection for renewable gas projects in California. -(c) The assessment to be submitted to the Legislature pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. -(d) Consistent with Section 10231.5 of the Government Code, this -Section -section -is repealed on January 1, 2020.","The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this program. The act requires the state board to adopt a statewide greenhouse gas emissions limit, as defined, to be achieved by 2020, equivalent to the statewide greenhouse gas emissions level in 1990. The state board is required to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. The act authorizes the state board to adopt market-based compliance mechanisms, as defined, meeting specified requirements. Existing law requires the state board to complete a comprehensive strategy to reduce emissions of short-lived climate pollutants, as defined, in the state. -Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations. Existing law requires the commission to adopt policies and programs that promote the in-state production and distribution of biomethane, as defined, that facilitate the development of a variety of sources of in-state biomethane. Existing law requires the commission to adopt pipeline access rules that ensure that each gas corporation provides nondiscriminatory open access to its gas pipeline system to any party for the purposes of physically interconnecting with the gas pipeline system and effectuating the delivery of gas. -The Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission and requires it to prepare an integrated energy policy report on or before November 1, 2003, and every 2 years thereafter. The act requires the report to contain an overview of major energy trends and issues facing the state, including, but not limited to, supply, demand, pricing, reliability, efficiency, and impacts on public health and safety, the economy, resources, and the environment. Existing law requires the State Energy Resources Conservation and Development Commission to hold public hearings to identify impediments that limit procurement of biomethane in California, including, but not limited to, impediments to interconnection and to offer solutions to those impediments as part of the integrated energy policy report. -This bill would require the state board, on or before June 30, -2016, -2017, -in consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, to adopt a carbon-based renewable gas standard, as defined and specified, that requires all gas sellers, as defined, to provide specified percentages of renewable gas meeting certain deliverability requirements, to retail end-use customers for use in California, that increases over specified compliance periods. The bill would authorize the state board to waive enforcement of the renewable gas standard upon certain showings being made by a gas seller. The bill would require the state board, on or before January 1, 2017, to issue an analysis of the lifecycle emissions of greenhouse gases and reductions for different biogas types and end uses. -The bill would require the State Energy Resources Conservation and Development Commission to provide the state board and the Legislature with an assessment of specified matter pertaining to renewable gas by January 1, 2018.","An act to add Section 39735 to the Health and Safety Code, and to add and repeal Section 25327 of the Public Resources Code, relating to energy." -198,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 51 of the Revenue and Taxation Code is amended to read: -51. -(a) For purposes of subdivision (b) of Section 2 of Article XIII A of the California Constitution, for each lien date after the lien date in which the base year value is determined pursuant to Section 110.1, the taxable value of real property shall, except as otherwise provided in subdivision (b) or (c), be the lesser of: -(1) Its base year value, compounded annually since the base year by an inflation factor, which shall be determined as follows: -(A) For any assessment year commencing prior to January 1, 1985, the inflation factor shall be the percentage change in the cost of living, as defined in Section 2212. -(B) For any assessment year commencing after January 1, 1985, and prior to January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from December of the prior fiscal year to December of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. -(C) For any assessment year commencing on or after January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from October of the prior fiscal year to October of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. -(D) The percentage increase for an assessment year determined pursuant to subparagraph (A), (B), or (C) shall not exceed 2 percent of the prior year’s value. -(E) (i) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for any assessment year determined pursuant to subparagraph (A), (B), or (C) shall not apply to the principal place of residence, including so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, of a qualified veteran who is 65 years of age or older on the lien date and was honorably discharged from military service. -(ii) For the purpose of this subparagraph, “qualified veteran” means a person who meets the following criteria: -(I) He or she meets the criteria specified in subdivision (o) of Section 3 of Article XIII of the California Constitution, except for the limitation on the value of property owned by the veteran or the veteran’s spouse. -(II) If the qualified veteran is single, his or her annual -household -income, as defined in Section 20504, is -less than -fifty thousand dollars -($50,000). -($50,000) or less. -(III) If the qualified veteran is married, his or her -annual -household -combined annual -income, as defined in Section 20504, is -less than -one hundred thousand dollars -($100,000). -($100,000) or less. -(iii) When claiming the benefit provided by this subparagraph, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified veteran. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subparagraph. -(2) Its full cash value, as defined in Section 110, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, removal of property, or other factors causing a decline in value. -(b) If the real property was damaged or destroyed by disaster, misfortune, or calamity and the board of supervisors of the county in which the real property is located has not adopted an ordinance pursuant to Section 170, or any portion of the real property has been removed by voluntary action by the taxpayer, the taxable value of the property shall be the sum of the following: -(1) The lesser of its base year value of land determined under paragraph (1) of subdivision (a) or full cash value of land determined pursuant to paragraph (2) of subdivision (a). -(2) The lesser of its base year value of improvements determined pursuant to paragraph (1) of subdivision (a) or the full cash value of improvements determined pursuant to paragraph (2) of subdivision (a). -In applying this subdivision, the base year value of the subject real property does not include that portion of the previous base year value of that property that was attributable to any portion of the property that has been destroyed or removed. The sum determined under this subdivision shall then become the base year value of the real property until that property is restored, repaired, or reconstructed or other provisions of law require establishment of a new base year value. -(c) If the real property was damaged or destroyed by disaster, misfortune or calamity and the board of supervisors in the county in which the real property is located has adopted an ordinance pursuant to Section 170, the taxable value of the real property shall be its assessed value as computed pursuant to Section 170. -(d) For purposes of this section, “real property” means that appraisal unit that persons in the marketplace commonly buy and sell as a unit, or that is normally valued separately. -(e) Nothing in this section shall be construed to require the assessor to make an annual reappraisal of all assessable property. However, for each lien date after the first lien date for which the taxable value of property is reduced pursuant to paragraph (2) of subdivision (a), the value of that property shall be annually reappraised at its full cash value as defined in Section 110 until that value exceeds the value determined pursuant to paragraph (1) of subdivision (a). In no event shall the assessor condition the implementation of the preceding sentence in any year upon the filing of an assessment appeal. -SEC. 2. -Section 205.5 of the Revenue and Taxation Code is amended to read: -205.5. -(a) Property that constitutes the principal place of residence of a veteran, that is owned by the veteran, the veteran’s spouse, or the veteran and the veteran’s spouse jointly, is exempted from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), if the veteran is blind in both eyes, has lost the use of two or more limbs, or if the veteran is totally disabled as a result of injury or disease incurred in military service. The one-hundred-thousand-dollar ($100,000) exemption shall be the full value of the property in the case of an eligible veteran whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). -(b) (1) For purposes of this section, “veteran” means either of the following: -(A) A veteran as specified in subdivision (o) of Section 3 of Article XIII of the California Constitution, except for the limitation on the value of property owned by the veteran or the veteran’s spouse. -(B) A person who would qualify as a veteran pursuant to -paragraph (1) -subparagraph (A) -except that he or she has, as a result of a service-connected injury or disease, as determined by the United States Department of Veterans Affairs, died while on active duty in military service. -(2) For purposes of this section, property is deemed to be the principal place of residence of a veteran, disabled as described in subdivision (a), who is confined to a hospital or other care facility, if that property would be that veteran’s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For the purposes of this paragraph, a family member that resides at the residence is not a third party. -(c) (1) Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a deceased veteran is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of a veteran who was blind in both eyes, had lost the use of two or more limbs, or was totally disabled provided that either of the following conditions is met: -(A) The deceased veteran during his or her lifetime qualified for the exemption pursuant to subdivision (a), or would have qualified for the exemption under the laws effective on January 1, 1977, except that the veteran died prior to January 1, 1977. -(B) The veteran died from a disease that was service-connected, as determined by the United States Department of Veterans Affairs. -The one-hundred-thousand-dollar ($100,000) exemption shall be the full value of the property in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). -(2) Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a veteran described in subparagraph (B) of paragraph (1) of subdivision (b) is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h). The one-hundred-thousand-dollar ($100,000) exemption shall be the full value of the property in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). -(3) Property is deemed to be the principal place of residence of the unmarried surviving spouse of a deceased veteran, who is confined to a hospital or other care facility, if that property would be the unmarried surviving spouse’s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For purposes of this paragraph, a family member who resides at the residence is not a third party. -(d) As used in this section, “property that is owned by a veteran” or “property that is owned by the veteran’s unmarried surviving spouse” includes all of the following: -(1) Property owned by the veteran with the veteran’s spouse as a joint tenancy, tenancy in common, or as community property. -(2) Property owned by the veteran or the veteran’s spouse as separate property. -(3) Property owned with one or more other persons to the extent of the interest owned by the veteran, the veteran’s spouse, or both the veteran and the veteran’s spouse. -(4) Property owned by the veteran’s unmarried surviving spouse with one or more other persons to the extent of the interest owned by the veteran’s unmarried surviving spouse. -(5) That portion of the property of a corporation that constitutes the principal place of residence of a veteran or a veteran’s unmarried surviving spouse when the veteran, the veteran’s spouse, or the veteran’s unmarried surviving spouse is a shareholder of the corporation and the rights of shareholding entitle one to the possession of property, legal title to which is owned by the corporation. The exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property. Notwithstanding any law or articles of incorporation or bylaws of a corporation described in this paragraph, any reduction of property taxes paid by the corporation shall reflect an equal reduction in any charges by the corporation to the person who, by reason of qualifying for the exemption, made possible the reduction for the corporation. -(e) For purposes of this section, the following definitions shall apply: -(1) “Being blind in both eyes” means having a visual acuity of 5/200 or less, or concentric contraction of the visual field to 5 degrees or less. -(2) “Lost the use of two or more limbs” means that the limb has been amputated or its use has been lost by reason of ankylosis, progressive muscular dystrophies, or paralysis. -(3) “Totally disabled” means that the United States Department of Veterans Affairs or the military service from which the veteran was discharged has rated the disability at 100 percent or has rated the disability compensation at 100 percent by reason of being unable to secure or follow a substantially gainful occupation. -(f) An exemption granted to a claimant pursuant to this section shall be in lieu of the veteran’s exemption provided by subdivisions (o), (p), (q), and (r) of Section 3 of Article XIII of the California Constitution and any other real property tax exemption to which the claimant may be entitled. No other real property tax exemption may be granted to any other person with respect to the same residence for which an exemption has been granted pursuant to this section; provided, that if two or more veterans qualified pursuant to this section coown a property in which they reside, each is entitled to the exemption to the extent of his or her interest. -(g) Commencing on January 1, 2002, and for each assessment year thereafter, the household income limit shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. -(h) Commencing on January 1, 2006, and for each assessment year thereafter, the exemption amounts set forth in subdivisions (a) and (c) shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. -(i) The amendments made to this section by the act adding this subdivision shall apply for property tax lien dates on and after January 1, 2017. -SEC. 3. -Section 5813 of the Revenue and Taxation Code is amended to read: -5813. -(a) For each lien date after the lien date for which the base year value is determined, the taxable value of a manufactured home shall be the lesser of: -(1) Its base year value, compounded annually since the base year by an inflation factor, which shall be the percentage change in the cost of living, as defined in Section 51, provided, that any percentage increase shall not exceed 2 percent of the prior year’s value. -(2) Its full cash value, as defined in Section 5803, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, or other factors causing a decline in value. -(3) If the manufactured home is damaged or destroyed by disaster, misfortune, or calamity, its value determined pursuant to paragraph (2) shall be its base year value until the manufactured home is restored, repaired or reconstructed or other provisions of law require establishment of a new base year value. -(b) (1) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for an assessment year determined pursuant to paragraph (1) of subdivision (a) shall not apply to the principal place of residence of a qualified veteran who owns a manufactured home as his or her principal place of residence and who is 65 years of age or older on the lien date and was honorably discharged from military service. -(2) For the purpose of this subdivision, “qualified veteran” means a person who meets the following criteria: -(A) He or she meets the criteria specified in subdivision (o) of Section 3 of Article XIII of the California Constitution, except for the limitation on the value of property owned by the veteran or the veteran’s spouse. -(B) If the qualified veteran is single, his or her annual household income, as defined in Section 20504, is fifty thousand dollars ($50,000) or less. -(C) If the qualified veteran is married, his or her -combined -annual household income, as defined in Section 20504, is one hundred thousand dollars ($100,000) or less. -(3) When claiming the benefit provided by this subdivision, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified veteran. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subdivision. -SEC. 4. -Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. -SEC. 5. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 6. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","(1) The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value, as defined, of that property, and provides that the full cash value base may be adjusted each year by the inflationary rate not to exceed 2% for any given year. -Existing property tax law implementing this constitutional authority provides that the taxable value of real property is the lesser of its base year value compounded annually by an inflation factor not to exceed 2%, as provided, or its full cash value. Existing property tax law also provides that the taxable value of a manufactured home is the lesser of its base year value compounded annually by an inflation factor not to exceed 2% or its full cash value. -This bill, for any assessment year commencing on or after January 1, 2017, would provide that the inflation factor shall not apply to the principal place of residence, including a manufactured home, of a qualified veteran, as defined, who is 65 years of age or older on the lien date, was honorably discharged from military service, and meets specified requirements. -By changing the manner in which local tax officials calculate the taxable value of real property owned by senior veterans, this bill would impose a state-mandated local program. -(2) Existing property tax law provides, pursuant to the authorization of the California Constitution, a disabled veteran’s property tax exemption for the principal place of residence of a veteran or a veteran’s spouse, including an unmarried surviving spouse, if the veteran, because of injury incurred in military service, is blind in both eyes, has lost the use of 2 or more limbs, or is totally disabled, as those terms are defined, or if the veteran has, as a result of a service-connected injury or disease, died while on active duty in military service. Existing law exempts that part of the full value of the residence that does not exceed $100,000, or $150,000, if the veteran’s or spouse’s household income does not exceed $40,000, adjusted for inflation, as specified. -This bill, for property tax lien dates on an after January 1, 2017, would instead exempt the full value of the principal place of residence of a veteran or veteran’s spouse if the veteran’s or spouse’s household income does not exceed $40,000, adjusted for inflation. The bill would also make technical and conforming changes to the disabled veteran’s property tax exemption. -By changing the manner in which local tax officials administer the disabled veteran’s property tax exemption, this bill would impose a state-mandated local program. -(3) Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. -This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. -(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -(5) This bill would take effect immediately as a tax levy.","An act to amend Sections 51, 205.5, and 5813 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -199,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1797.172 of the Health and Safety Code is amended to read: -1797.172. -(a) The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt minimum standards for the training and scope of practice for EMT-P. -(b) The approval of the director, in consultation with a committee of local EMS medical directors named by the EMS Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-Ps proposed by the medical director of a local EMS agency. -(c) Notwithstanding any other -provision of -law, the authority shall be the agency solely responsible for licensure and licensure renewal of EMT-Ps who meet the standards and are not precluded from licensure -because of any of the reasons listed in -pursuant to -subdivision -(d) -(i) -of Section 1798.200. Each application for licensure or licensure renewal shall require the applicant’s social security number in order to establish the identity of the applicant. The information obtained as a result of a state and federal level criminal offender record information search shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure or licensure renewal pursuant to this division. Submission of fingerprint images to the Department of Justice may not be required for licensure renewal upon determination by the authority that fingerprint images have previously been submitted to the Department of Justice during initial licensure, or a previous licensure renewal, provided that the license has not lapsed and the applicant has resided continuously in the state since the initial licensure. -(d) The authority shall charge fees for the licensure and licensure renewal of EMT-Ps in an amount sufficient to support the authority’s licensure program at a level that ensures the qualifications of the individuals licensed to provide quality care. The basic fee for licensure or licensure renewal of an EMT-P shall not exceed one hundred twenty-five dollars ($125) until the adoption of regulations that specify a different amount that does not exceed the authority’s EMT-P licensure, license renewal, and enforcement programs. The authority shall annually evaluate fees to determine if the fee is sufficient to fund the actual costs of the authority’s licensure, licensure renewal, and enforcement programs. If the evaluation shows that the fees are excessive or are insufficient to fund the actual costs of the authority’s EMT-P licensure, licensure renewal, and enforcement programs, then the fees shall be adjusted accordingly through the rulemaking process described in the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Separate additional fees may be charged, at the option of the authority, for services that are not shared by all applicants for licensure and licensure renewal, including, but not limited to, any of the following services: -(1) Initial application for licensure as an EMT-P. -(2) Competency testing, the fee for which shall not exceed thirty dollars ($30), except that an additional fee may be charged for the cost of -any -services that provide enhanced availability of the exam for the convenience of the EMT-P, -such as -including, but not limited to, -on-demand electronic testing. -(3) Fingerprint and criminal record check. The applicant shall, if applicable according to subdivision (c), submit fingerprint images and related information for criminal offender record information searches with the Department of Justice and the Federal Bureau of Investigation. -(4) Out-of-state training equivalency determination. -(5) Verification of continuing education for a lapse in licensure. -(6) Replacement of a lost licensure card. The fees charged for individual services shall be set so that the total fees charged to EMT-Ps shall not exceed the authority’s actual total cost for the EMT-P licensure program. -(e) The authority may provide nonconfidential, nonpersonal information relating to EMS programs to interested persons upon request, and may establish and assess fees for the provision of this information. These fees shall not exceed the costs of providing the information. -(f) At the option of the authority, fees may be collected for the authority by an entity that contracts with the authority to provide any of the services associated with the EMT-P program. All fees collected for the authority in a calendar month by -any -an -entity designated by the authority pursuant to this section to collect fees for the authority shall be transmitted to the authority for deposit into the Emergency Medical Services Personnel Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the designated entity, unless the contract between the entity and the authority specifies a different timeframe.","Under existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, the Emergency Medical Services Authority is responsible for establishing minimum standards and promulgating regulations for the training and scope of practice for emergency medical technician-paramedic (EMT-P). -This bill would make technical, nonsubstantive changes to these provisions.","An act to amend Section 1797.172 of the Health and Safety Code, relating to emergency medical services." -200,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10295.35 is added to the Public Contract Code, to read: -10295.35. -(a) (1) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services in the amount of one hundred thousand dollars ($100,000) or more with a contractor that, in the provision of benefits, discriminates between employees on the basis of an employee’s or dependent’s actual or perceived gender identity, including, but not limited to, the employee’s or dependent’s identification as transgender. -(2) For purposes of this section, “contract” includes contracts with a cumulative amount of one hundred thousand dollars ($100,000) or more per contractor in each fiscal year. -(3) For purposes of this section, an employee health plan is discriminatory if the plan is not consistent with Section 1365.5 of the Health and Safety Code and Section 10140 of the Insurance Code. -(4) The requirements of this section shall apply only to those portions of a contractor’s operations that occur under any of the following conditions: -(A) Within the state. -(B) On real property outside the state if the property is owned by the state or if the state has a right to occupy the property, and if the contractor’s presence at that location is connected to a contract with the state. -(C) Elsewhere in the United States where work related to a state contract is being performed. -(b) Contractors shall treat as confidential, to the maximum extent allowed by law or by the requirement of the contractor’s insurance provider, any request by an employee or applicant for employment benefits or any documentation of eligibility for benefits submitted by an employee or applicant for employment. -(c) After taking all reasonable measures to find a contractor that complies with this section, as determined by the state agency, the requirements of this section may be waived under any of the following circumstances: -(1) There is only one prospective contractor willing to enter into a specific contract with the state agency. -(2) The contract is necessary to respond to an emergency, as determined by the state agency, that endangers the public health, welfare, or safety, or the contract is necessary for the provision of essential services, and no entity that complies with the requirements of this section capable of responding to the emergency is immediately available. -(3) The requirements of this section violate, or are inconsistent with, the terms or conditions of a grant, subvention, or agreement, if the agency has made a good faith attempt to change the terms or conditions of any grant, subvention, or agreement to authorize application of this section. -(4) The contractor is providing wholesale or bulk water, power, or natural gas, the conveyance or transmission of the same, or ancillary services, as required for ensuring reliable services in accordance with good utility practice, if the purchase of the same cannot practically be accomplished through the standard competitive bidding procedures and the contractor is not providing direct retail services to end users. -(d) (1) A contractor shall not be deemed to discriminate in the provision of benefits if the contractor, in providing the benefits, pays the actual costs incurred in obtaining the benefit. -(2) If a contractor is unable to provide a certain benefit, despite taking reasonable measures to do so, the contractor shall not be deemed to discriminate in the provision of benefits. -(e) (1) Every contract subject to this chapter shall contain a statement by which the contractor certifies that the contractor is in compliance with this section. -(2) The department or other contracting agency shall enforce this section pursuant to its existing enforcement powers. -(3) (A) If a contractor falsely certifies that it is in compliance with this section, the contract with that contractor shall be subject to Article 9 (commencing with Section 10420), unless, within a time period specified by the department or other contracting agency, the contractor provides to the department or agency proof that it has complied, or is in the process of complying, with this section. -(B) The application of the remedies or penalties contained in Article 9 (commencing with Section 10420) to a contract subject to this chapter shall not preclude the application of any existing remedies otherwise available to the department or other contracting agency under its existing enforcement powers. -(f) Nothing in this section is intended to regulate the contracting practices of any local jurisdiction. -(g) This section shall be construed so as not to conflict with applicable federal laws, rules, or regulations. In the event that a court or agency of competent jurisdiction holds that federal law, rule, or regulation invalidates any clause, sentence, paragraph, or section of this code or the application thereof to any person or circumstances, it is the intent of the state that the court or agency sever that clause, sentence, paragraph, or section so that the remainder of this section shall remain in effect. -SEC. 2. -Section 10295.35 of the Public Contract Code shall not be construed to create any new enforcement authority or responsibility in the Department of General Services or any other contracting agency. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes state agencies to enter into contracts for the acquisition of goods or services upon approval by the Department of General Services. Existing law sets forth various requirements and prohibitions for those contracts, including, but not limited to, a prohibition on entering into contracts for the acquisition of goods or services of $100,000 or more with a contractor that discriminates between spouses and domestic partners or same-sex and different-sex couples in the provision of benefits. Existing law provides that a contract entered into in violation of those requirements and prohibitions is void and authorizes the state or any person acting on behalf of the state to bring a civil action seeking a determination that a contract is in violation and therefore void. Under existing law, a willful violation of those requirements and prohibitions is a misdemeanor. -This bill would also prohibit a state agency from entering into contracts for the acquisition of goods or services of $100,000 or more with a contractor that discriminates between employees on the basis of gender identity in the provision of benefits, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 10295.35 to the Public Contract Code, relating to public contracts." -201,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1091 of the Government Code is amended to read: -1091. -(a) An officer shall not be deemed to be interested in a contract entered into by a body or board of which the officer is a member within the meaning of this article if the officer has only a remote interest in the contract and if the fact of that interest is disclosed to the body or board of which the officer is a member and noted in its official records, and thereafter the body or board authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer or member with the remote interest. -(b) As used in this article, “remote interest” means any of the following: -(1) That of an officer or employee of a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), pursuant to Section 501(c)(5) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a nonprofit corporation, except as provided in paragraph (8) of subdivision (a) of Section 1091.5. -(2) That of an employee or agent of the contracting party, if the contracting party has 10 or more other employees and if the officer was an employee or agent of that contracting party for at least three years prior to the officer initially accepting his or her office and the officer owns less than 3 percent of the shares of stock of the contracting party; and the employee or agent is not an officer or director of the contracting party and did not directly participate in formulating the bid of the contracting party. -For purposes of this paragraph, time of employment with the contracting party by the officer shall be counted in computing the three-year period specified in this paragraph even though the contracting party has been converted from one form of business organization to a different form of business organization within three years of the initial taking of office by the officer. Time of employment in that case shall be counted only if, after the transfer or change in organization, the real or ultimate ownership of the contracting party is the same or substantially similar to that which existed before the transfer or change in organization. For purposes of this paragraph, stockholders, bondholders, partners, or other persons holding an interest in the contracting party are regarded as having the “real or ultimate ownership” of the contracting party. -(3) That of an employee or agent of the contracting party, if all of the following conditions are met: -(A) The agency of which the person is an officer is a local public agency located in a county with a population of less than 4,000,000. -(B) The contract is competitively bid and is not for personal services. -(C) The employee or agent is not in a primary management capacity with the contracting party, is not an officer or director of the contracting party, and holds no ownership interest in the contracting party. -(D) The contracting party has 10 or more other employees. -(E) The employee or agent did not directly participate in formulating the bid of the contracting party. -(F) The contracting party is the lowest responsible bidder. -(4) That of a parent in the earnings of his or her minor child for personal services. -(5) That of a landlord or tenant of the contracting party. -(6) That of an attorney of the contracting party or that of an owner, officer, employee, or agent of a firm that renders, or has rendered, service to the contracting party in the capacity of stockbroker, insurance agent, insurance broker, real estate agent, or real estate broker, if these individuals have not received and will not receive remuneration, consideration, or a commission as a result of the contract and if these individuals have an ownership interest of 10 percent or more in the law practice or firm, stock brokerage firm, insurance firm, or real estate firm. -(7) That of a member of a nonprofit corporation formed under the Food and Agricultural Code or a nonprofit corporation formed under the Corporations Code for the sole purpose of engaging in the merchandising of agricultural products or the supplying of water. -(8) That of a supplier of goods or services when those goods or services have been supplied to the contracting party by the officer for at least five years prior to his or her election or appointment to office. -(9) That of a person subject to the provisions of Section 1090 in any contract or agreement entered into pursuant to the provisions of the California Land Conservation Act of 1965. -(10) Except as provided in subdivision (b) of Section 1091.5, that of a director of, or a person having an ownership interest of, 10 percent or more in a bank, bank holding company, or savings and loan association with which a party to the contract has a relationship of borrower or depositor, debtor or creditor. -(11) That of an engineer, geologist, architect, or planner employed by a consulting engineering, architectural, or planning firm. This paragraph applies only to an employee of a consulting firm who does not serve in a primary management capacity, and does not apply to an officer or director of a consulting firm. -(12) That of an elected officer otherwise subject to Section 1090, in any housing assistance payment contract entered into pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) as amended, provided that the housing assistance payment contract was in existence before Section 1090 became applicable to the officer and will be renewed or extended only as to the existing tenant, or, in a jurisdiction in which the rental vacancy rate is less than 5 percent, as to new tenants in a unit previously under a Section 8 contract. This section applies to any person who became a public official on or after November 1, 1986. -(13) That of a person receiving salary, per diem, or reimbursement for expenses from a government entity. -(14) That of a person owning less than 3 percent of the shares of a contracting party that is a for-profit corporation, provided that the ownership of the shares derived from the person’s employment with that corporation. -(15) That of a party to litigation involving the body or board of which the officer is a member in connection with an agreement in which all of the following apply: -(A) The agreement is entered into as part of a settlement of litigation in which the body or board is represented by legal counsel. -(B) After a review of the merits of the agreement and other relevant facts and circumstances, a court of competent jurisdiction finds that the agreement serves the public interest. -(C) The interested member has recused himself or herself from all participation, direct or indirect, in the making of the agreement on behalf of the body or board. -(16) That of a person who is an officer or employee of an investor-owned utility that is regulated by the Public Utilities Commission with respect to a contract between the investor-owned utility and a state, county, district, judicial district, or city body or board of which the person is a member, if the contract requires the investor-owned utility to provide energy efficiency rebates or other type of program to encourage energy efficiency that benefits the public when all of the following apply: -(A) The contract is funded by utility consumers pursuant to regulations of the Public Utilities Commission. -(B) The contract provides no individual benefit to the person that is not also provided to the public, and the investor-owned utility receives no direct financial profit from the contract. -(C) The person has recused himself or herself from all participation in making the contract on behalf of the state, county, district, judicial district, or city body or board of which he or she is a member. -(D) The contract implements a program authorized by the Public Utilities Commission. -(17) That of an owner or partner of a firm serving as an appointed member of an unelected board or commission of the contracting agency if the owner or partner recuses himself or herself from providing any advice to the contracting agency regarding the contract between the firm and the contracting agency and from all participation in reviewing a project that results from that contract. -(c) This section is not applicable to any officer interested in a contract who influences or attempts to influence another member of the body or board of which he or she is a member to enter into the contract. -(d) The willful failure of an officer to disclose the fact of his or her interest in a contract pursuant to this section is punishable as provided in Section 1097. That violation does not void the contract unless the contracting party had knowledge of the fact of the remote interest of the officer at the time the contract was executed.","Existing law prohibits Members of the Legislature, state, county, district, judicial district, and city officers or employees from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Existing law identifies certain remote interests in contracts that are not subject to this prohibition and other situations in which an official is not deemed to be financially interested in a contract. Existing law makes a willful violation of this prohibition a crime. -This bill would include in the definition of “remote interest” the interest of a person who is an owner or partner of a firm serving as an appointed member of an unelected board or commission of the contracting agency, if the owner or partner recuses himself or herself from providing any advice to the contracting agency regarding the contract between the firm and the contracting agency, and from all participation in reviewing a project that results from that contract. The bill would also include in the definition of “remote interest” the interest of a planner employed by a consulting engineering, architectural, or planning firm.","An act to amend Section 1091 of the Government Code, relating to public officers and employees." -202,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 626.9 of the Penal Code is amended to read: -626.9. -(a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995. -(b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f). -(c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances: -(1) Within a place of residence or place of business or on private property, if the place of residence, place of business, or private property is not part of the school grounds and the possession of the firearm is otherwise lawful. -(2) When the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person and is in a locked container or within the locked trunk of a motor vehicle. -This section does not prohibit or limit the otherwise lawful transportation of any other firearm, other than a pistol, revolver, or other firearm capable of being concealed on the person, in accordance with state law. -(3) When the person possessing the firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety. This subdivision may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. Upon a trial for violating subdivision (b), the trier of a fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger. -(4) When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645. -(5) When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is not in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but within a distance of 1,000 feet from the grounds of the public or private school. -(d) Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (1) of subdivision (e). -The prohibition contained in this subdivision does not apply to the discharge of a firearm to the extent that the conditions of paragraph (1) of subdivision (c) are satisfied. -(e) As used in this section, the following definitions shall apply: -(1) “Concealed firearm” has the same meaning as that term is given in Sections 25400 and 25610. -(2) “Firearm” has the same meaning as that term is given in subdivisions (a) to (d), inclusive, of Section 16520. -(3) “Locked container” has the same meaning as that term is given in Section 16850. -(4) “School zone” means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school. -(f) (1) Any person who violates subdivision (b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years. -(2) Any person who violates subdivision (b) by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished as follows: -(A) By imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, if any of the following circumstances apply: -(i) If the person previously has been convicted of any felony, or of any crime made punishable by any provision listed in Section 16580. -(ii) If the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. -(iii) If the firearm is any pistol, revolver, or other firearm capable of being concealed upon the person and the offense is punished as a felony pursuant to Section 25400. -(B) By imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, in all cases other than those specified in subparagraph (A). -(3) Any person who violates subdivision (d) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years. -(g) (1) Every person convicted under this section for a misdemeanor violation of subdivision (b) who has been convicted previously of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for not less than three months, or if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. -(2) Every person convicted under this section of a felony violation of subdivision (b) or (d) who has been convicted previously of a misdemeanor offense enumerated in Section 23515, if probation is granted or if the execution of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. -(3) Every person convicted under this section for a felony violation of subdivision (b) or (d) who has been convicted previously of any felony, or of any crime made punishable by any provision listed in Section 16580, if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. -(4) The court shall apply the three-month minimum sentence specified in this subdivision, except in unusual cases where the interests of justice would best be served by granting probation or suspending the execution or imposition of sentence without the minimum imprisonment required in this subdivision or by granting probation or suspending the execution or imposition of sentence with conditions other than those set forth in this subdivision, in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by this disposition. -(h) Notwithstanding Section 25605, any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision. -(i) Notwithstanding Section 25605, any person who brings or possesses a firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision. -(j) For purposes of this section, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder. -(k) This section does not require that notice be posted regarding the proscribed conduct. -(l) This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of his or her duties, or an armored vehicle guard, engaged in the performance of his or her duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code. -(m) This section does not apply to a security guard authorized to carry a loaded firearm pursuant to Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6. -(n) This section does not apply to an existing shooting range at a public or private school or university or college campus. -(o) This section does not apply to an honorably retired peace officer authorized to carry a concealed or loaded firearm pursuant to any of the following: -(1) Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6. -(2) Section 25650. -(3) Sections 25900 to 25910, inclusive. -(4) Section 26020. -(5) Paragraph (2) of subdivision (c) of Section 26300. -(p) This section does not apply to a peace officer appointed pursuant to Section 830.6 who is authorized to carry a firearm by the appointing agency. -SEC. 2. -Section 30310 of the Penal Code is amended to read: -30310. -(a) Unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties. -(b) This section shall not apply to any of the following: -(1) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. -(2) A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California. -(3) Any person summoned by any of these officers to assist in making an arrest or preserving the peace while that person is actually engaged in assisting the officer. -(4) A member of the military forces of this state or of the United States who is engaged in the performance of that person’s duties. -(5) An armored vehicle guard, who is engaged in the performance of that person’s duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code. -(6) Any peace officer, listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, whether active or honorably retired. -(7) Any other duly appointed peace officer. -(8) Any honorably retired peace officer listed in subdivision (c) of Section 830.5. -(9) Any other honorably retired peace officer who during the course and scope of his or her appointment as a peace officer was authorized to, and did, carry a firearm. -(10) (A) A person carrying ammunition or reloaded ammunition onto school grounds that is in a motor vehicle at all times and is within a locked container or within the locked trunk of the vehicle. -(B) For purposes of this paragraph, the term “locked container” has the same meaning as set forth in Section 16850. -(c) A violation of this section is punishable by imprisonment in a county jail for a term not to exceed six months, a fine not to exceed one thousand dollars ($1,000), or both the imprisonment and fine. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Gun-Free School Zone Act of 1995, subject to exceptions, prohibits a person from possessing a firearm in a place that the person knows, or reasonably should know, is a school zone, unless with the written permission of certain school district officials. Existing law defines a school zone as an area on the grounds of a school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet of that school. Existing law prohibits a person from bringing or possessing a firearm upon the grounds of a campus of a public or private university or college, or buildings owned or operated for student housing, teaching, research, or administration by a public or private university or college, that are contiguous or are clearly marked university property, as specified, unless with the written permission of specified university or college officials. Under existing law, a violation of these provisions is a felony, or, under specified circumstances, a misdemeanor. Under existing law, certain persons are exempt from both the school zone and the university prohibitions, including, among others, a person holding a valid license to carry a concealed firearm and a retired peace officer authorized to carry a concealed or loaded firearm. -This bill would recast the provisions relating to a person holding a valid license to carry a concealed firearm to allow that person to carry a firearm in an area that is within 1,000 feet of, but not on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive. The bill would also delete the exemption that allows a person holding a valid license to carry a concealed firearm to bring or possess a firearm on the campus of a university or college. The bill would create an additional exemption from those prohibitions for certain appointed peace officers who are authorized to carry a firearm by their appointing agency, and an exemption for certain retired reserve peace officers who are authorized to carry a concealed or loaded firearm. By expanding the scope of an existing crime, the bill would create a state-mandated local program. -Existing law, subject to exceptions, prohibits carrying ammunition or reloaded ammunition onto school grounds unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority. -This bill would reorganize those exceptions. The bill would delete the exemption that allows a person to carry ammunition or reloaded ammunition onto school grounds if the person is licensed to carry a concealed firearm. The bill would also create an additional exception to that prohibition by authorizing a person to carry ammunition or reloaded ammunition onto school grounds if it is in a motor vehicle at all times and is within a locked container or within the locked trunk of the vehicle. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 626.9 and 30310 of the Penal Code, relating to firearms." -203,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature to enact legislation to improve access to children from refugee and immigrant households to child nutrition programs. -SEC. 2. -Section 49557 of the Education Code is amended to read: -49557. -(a) (1) The governing board of a school district and the county superintendent of schools shall make paper applications for free or reduced-price meals available to pupils at all times during each regular schoolday, and may also make an application electronically available online, provided that the online application complies with paragraph (3). Pursuant to federal and state guidelines, the application shall contain clear instructions for families that are homeless or are migrants, and shall also contain, in at least 8-point boldface type, each of the following statements: -(A) Applications for free and reduced-price meals may be submitted at any time during a schoolday. -(B) Children participating in the federal National School Lunch Program will not be overtly identified by the use of special tokens, special tickets, special serving lines, separate entrances, separate dining areas, or by any other means. -(2) A school district and the county superintendent of schools shall use all other paper applications it has for free or reduced-price meals before utilizing the applications pursuant to this subdivision. -(3) If a governing board of a school district, a county office of education, or a school food authority chooses to provide access to an online application for free or reduced-price meals pursuant to paragraph (1), the online application shall comply with all of the following requirements: -(A) Include a link to the Internet Web site on which translated applications are posted by the United States Department of Agriculture, with instructions in that language that inform the applicant how to submit the application. The Legislature finds and declares that federal guidelines require school food authorities to accept and process these applications if they are submitted to the school food authority. -(B) Require completion of only those questions that are necessary for determining eligibility. -(C) Include clear instructions for families that are homeless or are migrants. -(D) Comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Children’s Online Privacy Protection Act of 1998 (Public Law 105-277). -(E) Include links to all of the following: -(i) The online application to CalFresh. -(ii) The online single state application for health care. -(iii) The Internet Web page maintained by the State Department of Public Health entitled “About WIC and How to Apply,” or another Internet Web page identified by the State Department of Public Health that connects families to the Special Supplemental Nutrition Program for Women, Infants and Children. -(iv) The Internet Web site of a summer lunch program authorized to participate within the city or school district. -(F) No online application for free or reduced-price meals shall be made available online or made accessible online by a school district, a county office of education, or a school food authority if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application. -(b) The governing board of each school district and each county superintendent of schools shall formulate a plan, which shall be mailed to the State Department of Education for its approval, that will ensure that children eligible to receive free or reduced-price meals and milk shall not be treated differently from other children. These plans shall ensure each of the following: -(1) Unless otherwise specified, the names of the children shall not be published, posted, or announced in any manner, or used for any purpose other than the federal National School Lunch Program. -(2) There shall be no overt identification of any of the children by the use of special tokens or tickets or by any other means. -(3) The children shall not be required to work for their meals or milk. -(4) The children shall not be required to use a separate dining area, go through a separate serving line, enter the dining area through a separate entrance, or consume their meals or milk at a different time. -(c) When more than one lunch or breakfast or type of milk is offered pursuant to this article, the children shall have the same choice of meals or milk that is available to those children who pay the full price for their meal or milk. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires each school district and county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate, free or reduced-price meal during each schoolday. Existing law requires the governing board of a school district and the county superintendent of schools to make applications for free or reduced-price meals available to pupils at all times during each regular schoolday. Existing law requires the Superintendent of Public Instruction to supervise the implementation of this program and to investigate acts of alleged noncompliance. -This bill would authorize the governing boards of school districts and county superintendents of schools to also make applications for free or reduced-price meals electronically available online. The bill would specify requirements that would have to be met by the governing boards of school districts, county offices of education, and school food authorities who choose to provide access to an online application under this bill. -The bill would require all applications to include clear instructions for families that are homeless or are migrants. To the extent that this provision would impose new duties on local educational agencies, it would constitute a state-mandated local program. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 49557 of the Education Code, relating to pupil nutrition." -204,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7282.5 of the Government Code is amended to read: -7282.5. -(a) A law enforcement official shall have discretion to cooperate with federal immigration officials by detaining an individual on the basis of an immigration hold after that individual becomes eligible for release from custody only if the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy, and only under any of the following circumstances: -(1) The individual has been convicted of a serious or violent felony identified in subdivision (c) of Section 1192.7 of, or subdivision (c) of Section 667.5 of, the Penal Code. -(2) The individual has been convicted of a felony punishable by imprisonment in the state prison. -(3) The individual has been convicted within the past five years of a misdemeanor for a crime that is punishable as either a misdemeanor or a felony for, or has been convicted at any time of a felony for, any of the following offenses: -(A) Assault, as specified in, but not limited to, Sections 217.1, 220, 240, 241.1, 241.4, 241.7, 244, 244.5, 245, 245.2, 245.3, 245.5, 4500, and 4501 of the Penal Code. -(B) Battery, as specified in, but not limited to, Sections 242, 243.1, 243.3, 243.4, 243.6, 243.7, 243.9, 273.5, 347, 4501.1, and 4501.5 of the Penal Code. -(C) Use of threats, as specified in, but not limited to, Sections 71, 76, 139, 140, 422, 601, and 11418.5 of the Penal Code. -(D) Sexual abuse, sexual exploitation, or crimes endangering children, as specified in, but not limited to, Sections 266, 266a, 266b, 266c, 266d, 266f, 266g, 266h, 266i, 266j, 267, 269, 288, 288.5, 311.1, 311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal Code. -(E) Child abuse or endangerment, as specified in, but not limited to, Sections 270, 271, 271a, 273a, 273ab, 273d, 273.4, and 278 of the Penal Code. -(F) Burglary, robbery, theft, fraud, forgery, or embezzlement, as specified in, but not limited to, Sections 211, 215, 459, 463, 470, 476, 487, 496, 503, 518, 530.5, 532, and 550 of the Penal Code. -(G) Driving under the influence of alcohol or drugs, but only for a conviction that is a felony. -(H) Obstruction of justice, as specified in, but not limited to, Sections 69, 95, 95.1, 136.1, and 148.10 of the Penal Code. -(I) Bribery, as specified in, but not limited to, Sections 67, 67.5, 68, 74, 85, 86, 92, 93, 137, 138, and 165 of the Penal Code. -(J) Escape, as specified in, but not limited to, Sections 107, 109, 110, 4530, 4530.5, 4532, 4533, 4534, 4535, and 4536 of the Penal Code. -(K) Unlawful possession or use of a weapon, firearm, explosive device, or weapon of mass destruction, as specified in, but not limited to, Sections 171b, 171c, 171d, 246, 246.3, 247, 417, 417.3, 417.6, 417.8, 4574, 11418, 11418.1, 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.55, 18745, 18750, and 18755 of, and subdivisions (c) and (d) of Section 26100 of, the Penal Code. -(L) Possession of an unlawful deadly weapon, under the Deadly Weapons Recodification Act of 2010 (Part 6 (commencing with Section 16000) of the Penal Code). -(M) An offense involving the felony possession, sale, distribution, manufacture, or trafficking of controlled substances. -(N) Vandalism with prior convictions, as specified in, but not limited to, Section 594.7 of the Penal Code. -(O) Gang-related offenses, as specified in, but not limited to, Sections 186.22, 186.26, and 186.28 of the Penal Code. -(P) An attempt, as defined in Section 664 of, or a conspiracy, as defined in Section 182 of, the Penal Code, to commit an offense specified in this section. -(Q) A crime resulting in death, or involving the personal infliction of great bodily injury, as specified in, but not limited to, subdivision (d) of Section 245.6 of, and Sections 187, 191.5, 192, 192.5, 12022.7, 12022.8, and 12022.9 of, the Penal Code. -(R) Possession or use of a firearm in the commission of an offense. -(S) An offense that would require the individual to register as a sex offender pursuant to Section 290, 290.002, or 290.006 of the Penal Code. -(T) False imprisonment, slavery, and human trafficking, as specified in, but not limited to, Sections 181, 210.5, 236, 236.1, and 4503 of the Penal Code. -(U) Criminal profiteering and money laundering, as specified in, but not limited to, Sections 186.2, 186.9, and 186.10 of the Penal Code. -(V) Torture and mayhem, as specified in, but not limited to, Section 203 of the Penal Code. -(W) A crime threatening the public safety, as specified in, but not limited to, Sections 219, 219.1, 219.2, 247.5, 404, 404.6, 405a, 451, and 11413 of the Penal Code. -(X) Elder and dependent adult abuse, as specified in, but not limited to, Section 368 of the Penal Code. -(Y) A hate crime, as specified in, but not limited to, Section 422.55 of the Penal Code. -(Z) Stalking, as specified in, but not limited to, Section 646.9 of the Penal Code. -(AA) Soliciting the commission of a crime, as specified in, but not limited to, subdivision (c) of Section 286 of, and Sections 653j and 653.23 of, the Penal Code. -(AB) An offense committed while on bail or released on his or her own recognizance, as specified in, but not limited to, Section 12022.1 of the Penal Code. -(AC) Rape, sodomy, oral copulation, or sexual penetration, as specified in, but not limited to, paragraphs (2) and (6) of subdivision (a) of Section 261 of, paragraphs (1) and (4) of subdivision (a) of Section 262 of, Section 264.1 of, subdivisions (c) and (d) of Section 286 of, subdivisions (c) and (d) of Section 288a of, and subdivisions (a) and (j) of Section 289 of, the Penal Code. -(AD) Kidnapping, as specified in, but not limited to, Sections 207, 209, and 209.5 of the Penal Code. -(AE) A violation of subdivision (c) of Section 20001 of the Vehicle Code. -(AF) A felony which formed the basis upon which the individual was previously deported. -(4) The individual is a current registrant on the California Sex and Arson Registry. -(5) The individual is arrested and taken before a magistrate on a charge involving a serious or violent felony, as identified in subdivision (c) of Section 1192.7 or subdivision (c) of Section 667.5 of the Penal Code, a felony punishable by imprisonment in state prison, or any felony listed in paragraph (2) or (3) other than domestic violence, and the magistrate makes a finding of probable cause as to that charge pursuant to Section 872 of the Penal Code. -(6) The individual has been convicted of a federal crime that meets the definition of an aggravated felony as set forth in subparagraphs (A) to (P), inclusive, of paragraph (43) of subsection (a) of Section 101 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), or is identified by the United States Department of Homeland Security’s Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest warrant. -(b) If none of the conditions listed in subdivision (a) is satisfied, an individual shall not be detained on the basis of an immigration hold after the individual becomes eligible for release from custody.","Existing federal law authorizes any authorized immigration officer to issue an immigration detainer that serves to advise another law enforcement agency that the federal department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien. Existing federal law provides that the detainer is a request that the agency advise the department, prior to release of the alien, in order for the department to arrange to assume custody in situations when gaining immediate physical custody is either impracticable or impossible. -Existing state law prohibits a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless, at the time that the individual becomes eligible for release from custody, certain conditions are met, including, among other things, that the individual has been convicted at any time of a felony for specified offenses and the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy. -This bill would expand the list of prior felony convictions to include the conviction of a felony which formed the basis upon which the individual was previously deported, thereby allowing a law enforcement official, if the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy, to detain an individual with that felony conviction on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody.","An act to amend Section 7282.5 of the Government Code, relating to state government." -205,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 4.3 (commencing with Section 111547) is added to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, to read: -Article 4.3. Right to Try Act -111547. -This article shall be known and may be cited as the Right to Try Act. -111547.1. -In this article, unless the context otherwise requires, the following definitions shall apply: -(a) “Eligible patient” means a person who meets all of the following conditions: -(1) Has a terminal illness, attested to by the eligible patient’s treating physician. -(2) Has considered all other treatment options currently approved by the United States Food and Drug Administration. -(3) Has received a recommendation from his or her physician for an investigational drug, biological product, or device. -(4) Has given written, informed consent for the use of the investigational drug, biological product, or device, or if he or she lacks the capacity to consent, his or her legally authorized representative has given written informed consent on his or her behalf. -(5) Has documentation from his or her treating physician attesting that the eligible patient has met the requirements of this subdivision. -(b) “Health benefit plan” means any plan or program that provides, arranges, pays for, or reimburses the cost of health benefits. “Health benefit plan” includes, but is not limited to, a health care service plan contract issued by a health care service plan, as defined in Section 1345 of this code, and a policy of health insurance, as defined in Section 106 of the Insurance Code, issued by a health insurer. -(c) “Investigational drug, biological product, or device” means a drug, biological product, or device that has successfully completed phase one of a clinical trial approved by the United States Food and Drug Administration, but has not been approved for general use by the United States Food and Drug Administration and remains under investigation in a clinical trial approved by the United States Food and Drug Administration. -(d) “Physician” means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act. -(e) “State regulatory board” means the California Medical Board or the Osteopathic Medical Board of California. -(f) “Terminal illness” means progressive disease or medical or surgical condition that entails significant functional impairment, that is not considered by a treating physician to be reversible even with theadministration of current United States Food and Drug Administration approved and available treatments, and that, without life-sustaining procedures, will soon result in death. -(g) “Written, informed consent” means a written document that is signed by an eligible patient, parent or legal guardian if the eligible patient is a minor, or his or her legally authorized representative if the eligible patient lacks the capacity to consent, and attested to by the eligible patient’s physician and a witness that, at a minimum, does all of the following: -(1) Explains the currently approved products and treatments for the terminal illness from which the eligible patient suffers. -(2) Attests to the fact that the eligible patient, or if the eligible patient lacks the capacity to consent, his or her legally authorized representative, concurs with the eligible patient’s physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the eligible patient’s life. -(3) Clearly identifies the specific proposed investigational drug, biological product, or device that the eligible patient is seeking to use. -(4) Describes the potentially best and worst outcomes of using the investigational drug, biological product, or device and provides a realistic description of the most likely outcome. This description shall include the possibility that new, unanticipated, different, or worse symptoms may result and that death could be hastened by the proposed treatment. The description shall be based on the physician’s knowledge of the proposed treatment in conjunction with an awareness of the eligible patient’s condition. -(5) States that the eligible patient’s health benefit plan or third-party administrator, if any, and health care provider are not obligated to pay for the investigational drug, biological product, or device or any care or treatments consequent to use of the investigational drug, biological product, or device, unless otherwise specifically required to do so by law or contract. -(6) States that the eligible patient’s eligibility for hospice care may be withdrawn if the eligible patient begins curative treatment with the investigational drug, biological product, or device and that care may be reinstated if the curative treatment ends and the eligible patient meets hospice eligibility requirements. -(7) States that the eligible patient understands that he or she is liable for all expenses consequent to the use of the investigational drug, biological product, or device, and that this liability extends to the eligible patient’s estate, except as otherwise provided in the eligible patient’s health benefit plan or a contract between the eligible patient and the manufacturer of the drug, biological product, or device. -111547.2. -(a) Notwithstanding Section 110280, 111520, or 111550, a manufacturer of an investigational drug, biological product, or device may make available the manufacturer’s investigational drug, biological product, or device to an eligible patient pursuant to this article. This article does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient. -(b) A manufacturer may do both of the following: -(1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation. -(2) Require an eligible patient to pay the costs of, or associated with, the manufacture of the investigational drug, biological product, or device. -(c) (1) This article does not expand or otherwise affect the health care coverage required to be provided by a health benefit plan or governmental agency pursuant to the laws of this state. -(2) This article does not expand or otherwise affect the coverage provided under Sections 1370.4 and 1370.6 of this code, Sections 10145.3 and 10145.4 of the Insurance Code, or Sections 14087.11 and 14132.98 of the Welfare and Institutions Code. -(3) A health benefit plan, third-party administrator, if any, or governmental agency may, but is not required to, provide coverage for the cost of an investigational drug, biological product, or device, or the cost of services related to the use of an investigational drug, biological product, or device under this article. -(4) This article does not require any governmental agency to pay costs associated with the use, care, or treatment of an eligible patient with an investigational drug, biological product, or device. -(5) This article does not require a health facility, as described in Section 1250, to provide new or additional services, unless approved by the health facility. -(d) If an eligible patient dies while being treated by an investigational drug, biological product, or device made available pursuant to this article, the eligible patient’s heirs are not liable for any outstanding debt related to the treatment or lack of insurance for the treatment. -111547.3. -(a) Notwithstanding any other law, a state regulatory board shall not revoke, fail to renew, suspend, or take any other disciplinary action against a physician’s license based solely on the physician’s recommendation to an eligible patient regarding, prescription for, or treatment with, an investigational drug, biological product, or device, provided that the recommendation or prescription is consistent with medical standards of care. -(b) A state agency shall not alter any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider’s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that an eligible patient have access to an investigational drug, biological product, or device. -(c) An official, employee, or agent of this state shall not block or attempt to block an eligible patient’s access to an investigational drug, biological product, or device pursuant to this article. Counseling, advice, or a recommendation consistent with medical standards of care from an individual licensed under Division 2 (commencing with Section 500) of the Business and Professions Code shall not be considered a violation of this section. -(d) A violation of this article shall not be subject to Chapter 8 (commencing with Section 111825). -111547.4. -This article does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device, or against any other person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device, for any harm done to the eligible patient resulting from the investigational drug, biological product, or device, so long as the manufacturer or other person or entity is complying in good faith with the terms of this article, unless there was a failure to exercise reasonable care.","Existing law, the federal Food, Drug, and Cosmetic Act, prohibits a person from introducing into interstate commerce any new drug unless the drug has been approved by the federal Food and Drug Administration (FDA). Existing law requires the sponsor of a new drug to submit to the FDA an investigational new drug application and to then conduct a series of clinical trials to establish the safety and efficacy of the drug in human populations and submit the results to the FDA in a new drug application. -Existing law, the Sherman Food, Drug, and Cosmetic Law, regulates the packaging, labeling, and advertising of drugs and devices and is administered by the State Department of Public Health. A violation of that law is a crime. The Sherman Food, Drug, and Cosmetic Law prohibits, among other things, the sale, delivery, or giving away of a new drug or new device unless either the department has approved a new drug or device application for that new drug or new device and that approval has not been withdrawn, terminated, or suspended or the drug or device has been approved pursuant to specified provisions of federal law, including the federal Food, Drug, and Cosmetic Act. -The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and requires the board to take action against a licensee who is charged with unprofessional conduct. The Osteopathic Act provides for the licensure and regulation of osteopathic physicians and surgeons by the Osteopathic Medical Board of California and requires the board to enforce the Medical Practice Act with respect to its licensees. -This bill, among other things, would permit a manufacturer of an investigational drug, biological product, or device to make the product available to eligible patients with terminal illnesses, as specified. The bill would authorize, but not require, a health benefit plan, as defined, or governmental agency to provide coverage for any investigational drug, biological product, or device made available pursuant to these provisions or the associated costs. The bill would prohibit the Medical Board of California and the Osteopathic Medical Board of California from taking any disciplinary action against the license of a physician based solely on the physician’s recommendation to an eligible patient regarding, or prescription for or treatment with, an investigational drug, biological product, or device, provided that the recommendation or prescription is consistent with medical standards of care. The bill would prohibit a state agency from altering any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider’s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that an eligible patient have access to an investigational drug, biological product, or device. The bill would prohibit an official, employee, or agent of the state from blocking an eligible patient’s access to the investigational drug, biological product, or device pursuant to the bill’s provisions.","An act to add Article 4.3 (commencing with Section 111547) to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, relating to drugs and devices." -206,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 645.5 is added to the Penal Code, to read: -645.5. -(a) A person who willfully removes or disables, or permits another person to remove or disable, an electronic, Global Positioning System, or other monitoring device affixed to his or her person, if the device was affixed as a condition of parole, postrelease community supervision, or probation as a result of a conviction of any offense specified in subdivision (c) of Section 667.61, if the person intended to evade supervision and either does not surrender, or is not apprehended, within one week of the issuance of a warrant for absconding, is guilty of a felony, punishable by imprisonment in the state prison for 16 months, or two or three years. -(b) This section does not apply to the removal or disabling of a monitoring device by a physician, emergency medical services technician, or by any other emergency response or medical personnel when doing so is necessary during the course of medical treatment of the person subject to the device. This section does not apply if the removal or disabling of the device is authorized or required by a court, by law enforcement, or by any other entity that is responsible for placing the device upon the person or that has the authority and responsibility to monitor the device. -SEC. 2. -Section 1203.067 of the Penal Code is amended to read: -1203.067. -(a) Notwithstanding any other law, before probation may be granted to any person convicted of a felony specified in Section 261, 262, 264.1, 286, 288, 288a, 288.5, or 289, who is eligible for probation, the court shall do all of the following: -(1) Order the defendant evaluated pursuant to Section 1203.03, or similar evaluation by the county probation department. -(2) Conduct a hearing at the time of sentencing to determine if probation of the defendant would pose a threat to the victim. The victim shall be notified of the hearing by the prosecuting attorney and given an opportunity to address the court. -(3) Order any psychiatrist or psychologist appointed pursuant to Section 288.1 to include a consideration of the threat to the victim and the defendant’s potential for positive response to treatment in making his or her report to the court. Nothing in this section shall be construed to require the court to order an examination of the victim. -(b) On or after July 1, 2012, the terms of probation for persons placed on formal probation for an offense that requires registration pursuant to Sections 290 to 290.023, inclusive, or for the offense specified in Section 645.5, shall include all of the following: -(1) Persons placed on formal probation prior to July 1, 2012, shall participate in an approved sex offender management program, following the standards developed pursuant to Section 9003, for a period of not less than one year or the remaining term of probation if it is less than one year. The length of the period in the program is to be determined by the certified sex offender management professional in consultation with the probation officer and as approved by the court. Participation in this program applies to every person described without regard to when his or her crime or crimes were committed. -(2) Persons placed on formal probation on or after July 1, 2012, shall successfully complete a sex offender management program, following the standards developed pursuant to Section 9003, as a condition of release from probation. The length of the period in the program shall be not less than one year, up to the entire period of probation, as determined by the certified sex offender management professional in consultation with the probation officer and as approved by the court. Participation in this program applies to each person without regard to when his or her crime or crimes were committed. -(3) Waiver of any privilege against self-incrimination and participation in polygraph examinations, which shall be part of the sex offender management program. -(4) Waiver of any psychotherapist-patient privilege to enable communication between the sex offender management professional and supervising probation officer, pursuant to Section 290.09. -(c) Any defendant ordered to be placed in an approved sex offender management program pursuant to subdivision (b) shall be responsible for paying the expense of his or her participation in the program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay. -SEC. 3. -Section 3008 of the Penal Code is amended to read: -3008. -(a) The Department of Corrections and Rehabilitation shall ensure that all parolees under active supervision who are deemed to pose a high risk to the public of committing sex crimes, as determined by the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO), as set forth in Sections 290.04 to 290.06, inclusive, are placed on intensive and specialized parole supervision and are required to report frequently to designated parole officers. The department may place any other parolee convicted of an offense that requires him or her to register as a sex offender pursuant to Section 290 who is on active supervision on intensive and specialized supervision and require him or her to report frequently to designated parole officers. -(b) The department shall develop and, at the discretion of the secretary, and subject to an appropriation of the necessary funds, may implement a plan for the implementation of relapse prevention treatment programs, and the provision of other services deemed necessary by the department, in conjunction with intensive and specialized parole supervision, to reduce the recidivism of sex offenders. -(c) The department shall develop control and containment programming for sex offenders who have been deemed to pose a high risk to the public of committing a sex crime, as determined by the SARATSO, and shall require participation in appropriate programming as a condition of parole. -(d) On or after July 1, 2012, the parole conditions of a person released on parole for an offense that requires registration pursuant to Sections 290 to 290.023, inclusive, or for the offense specified in Section 645.5, shall include all of the following: -(1) Persons placed on parole prior to July 1, 2012, shall participate in an approved sex offender management program, following the standards developed pursuant to Section 9003, for a period of not less than one year or the remaining term of parole if it is less than one year. The length of the period in the program is to be determined by the certified sex offender management professional in consultation with the parole officer and as approved by the court. Participation in this program applies to each person without regard to when his or her crime or crimes were committed. -(2) Persons placed on parole on or after July 1, 2012, shall successfully complete a sex offender management program, following the standards developed pursuant to Section 9003, as a condition of parole. The length of the period in the program shall be not less than one year, up to the entire period of parole, as determined by the certified sex offender management professional in consultation with the parole officer and as approved by the court. Participation in this program applies to every person described without regard to when his or her crime or crimes were committed. -(3) Waiver of any privilege against self-incrimination and participation in polygraph examinations, which shall be part of the sex offender management program. -(4) Waiver of any psychotherapist-patient privilege to enable communication between the sex offender management professional and supervising parole officer, pursuant to Section 290.09. -(e) Any defendant ordered to be placed in an approved sex offender management treatment program pursuant to subdivision (d) shall be responsible for paying the expense of his or her participation in the program. The department shall take into consideration the ability of the defendant to pay, and no defendant shall be denied discharge onto parole because of his or her inability to pay. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, as amended by Proposition 83 of the November 7, 2006, statewide general election, requires every inmate who has been convicted of an offense that requires him or her to register as a sex offender or any attempt to commit any of those offenses and who is committed to prison and released on parole to be monitored by a global positioning system for life. Existing law requires the terms of probation or parole for all persons placed on formal probation or parole for an offense that requires registration as a sex offender to include, among other things, participation in, or completion of, a sex offender management program, as specified. -This bill would make it a felony for a person to willfully remove or disable an electronic, global positioning system, or other monitoring device, if the device was affixed as a condition of parole, postrelease community supervision, or probation as a result of a conviction of certain specified sex offenses, if the person intended to evade supervision and either does not surrender, or is not apprehended, within one week of the issuance of a warrant for absconding, punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. The bill would require the terms of probation or parole of a person who has committed a violation of these provisions to include participation and completion of a sex offender management program. By creating a new crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 1203.067 and 3008 of, and to add Section 645.5 to, the Penal Code, relating to sex offenders." -207,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 399.15 of the Public Utilities Code is amended to read: -399.15. -(a) In order to fulfill unmet long-term resource needs, the commission shall establish a renewables portfolio standard requiring all retail sellers to procure a minimum quantity of electricity products from eligible renewable energy resources as a specified percentage of total kilowatthours sold to their retail end-use customers each compliance period to achieve the targets established under this article. For any retail seller procuring at least 14 percent of retail sales from eligible renewable energy resources in 2010, the deficits associated with any previous renewables portfolio standard shall not be added to any procurement requirement pursuant to this article. -(b) The commission shall implement renewables portfolio standard procurement requirements only as follows: -(1) Each retail seller shall procure a minimum quantity of eligible renewable energy resources for each of the following compliance periods: -(A) January 1, 2011, to December 31, 2013, inclusive. -(B) January 1, 2014, to December 31, 2016, inclusive. -(C) January 1, 2017, to December 31, 2020, inclusive. -(2) (A) No later than January 1, 2012, the commission shall establish the quantity of electricity products from eligible renewable energy resources to be procured by the retail seller for each compliance period. These quantities shall be established in the same manner for all retail sellers and result in the same percentages used to establish compliance period quantities for all retail sellers. -(B) In establishing quantities for the compliance period from January 1, 2011, to December 31, 2013, inclusive, the commission shall require procurement for each retail seller equal to an average of 20 percent of retail sales. For the following compliance periods, the quantities shall reflect reasonable progress in each of the intervening years sufficient to ensure that the procurement of electricity products from eligible renewable energy resources achieves 25 percent of retail sales by December 31, 2016, and 33 percent of retail sales by December 31, 2020. The commission shall require retail sellers to procure not less than 33 percent of retail sales of electricity products from eligible renewable energy resources in all subsequent years. -(C) Retail sellers shall be obligated to procure no less than the quantities associated with all intervening years by the end of each compliance period. Retail sellers shall not be required to demonstrate a specific quantity of procurement for any individual intervening year. -(3) The commission may require the procurement of eligible renewable energy resources in excess of the quantities specified in paragraph (2). The commission shall evaluate the -economic impacts -benefits and costs to the California economy, including -upon low- and middle-income individuals and families -and disadvantaged communities, -before exercise of its authority pursuant to this paragraph to increase the procurement of eligible renewable energy resources. In performing its evaluation, the commission shall conduct duly noticed public workshops throughout the state to allow for public comment and consideration of the economic findings. These workshops shall be completed not less than 60 days prior to consideration by the commission of a rule that would require procurement of eligible renewable energy resources in excess of the quantities specified in paragraph (2). -(4) Only for purposes of establishing the renewables portfolio standard procurement requirements of paragraph (1) and determining the quantities pursuant to paragraph (2), the commission shall include all electricity sold to retail customers by the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code in the calculation of retail sales by an electrical corporation. -(5) The commission shall waive enforcement of this section if it finds that the retail seller has demonstrated any of the following conditions are beyond the control of the retail seller and will prevent compliance: -(A) There is inadequate transmission capacity to allow for sufficient electricity to be delivered from proposed eligible renewable energy resource projects using the current operational protocols of the Independent System Operator. In making its findings relative to the existence of this condition with respect to a retail seller that owns transmission lines, the commission shall consider both of the following: -(i) Whether the retail seller has undertaken, in a timely fashion, reasonable measures under its control and consistent with its obligations under local, state, and federal laws and regulations, to develop and construct new transmission lines or upgrades to existing lines intended to transmit electricity generated by eligible renewable energy resources. In determining the reasonableness of a retail seller’s actions, the commission shall consider the retail seller’s expectations for full-cost recovery for these transmission lines and upgrades. -(ii) Whether the retail seller has taken all reasonable operational measures to maximize cost-effective deliveries of electricity from eligible renewable energy resources in advance of transmission availability. -(B) Permitting, interconnection, or other circumstances that delay procured eligible renewable energy resource projects, or there is an insufficient supply of eligible renewable energy resources available to the retail seller. In making a finding that this condition prevents timely compliance, the commission shall consider whether the retail seller has done all of the following: -(i) Prudently managed portfolio risks, including relying on a sufficient number of viable projects. -(ii) Sought to develop one of the following: its own eligible renewable energy resources, transmission to interconnect to eligible renewable energy resources, or energy storage used to integrate eligible renewable energy resources. This clause shall not require an electrical corporation to pursue development of eligible renewable energy resources pursuant to Section 399.14. -(iii) Procured an appropriate minimum margin of procurement above the minimum procurement level necessary to comply with the renewables portfolio standard to compensate for foreseeable delays or insufficient supply. -(iv) Taken reasonable measures, under the control of the retail seller, to procure cost-effective distributed generation and allowable unbundled renewable energy credits. -(C) Unanticipated curtailment of eligible renewable energy resources necessary to address the needs of a balancing authority. -(6) If the commission waives the compliance requirements of this section, the commission shall establish additional reporting requirements on the retail seller to demonstrate that all reasonable actions under the control of the retail seller are taken in each of the intervening years sufficient to satisfy future procurement requirements. -(7) The commission shall not waive enforcement pursuant to this section, unless the retail seller demonstrates that it has taken all reasonable actions under its control, as set forth in paragraph (5), to achieve full compliance. -(8) If a retail seller fails to procure sufficient eligible renewable energy resources to comply with a procurement requirement pursuant to paragraphs (1) and (2) and fails to obtain an order from the commission waiving enforcement pursuant to paragraph (5), the commission shall exercise its authority pursuant to Section 2113. -(9) Deficits associated with the compliance period shall not be added to a future compliance period. -(c) The commission shall establish a limitation for each electrical corporation on the procurement expenditures for all eligible renewable energy resources used to comply with the renewables portfolio standard. In establishing this limitation, the commission shall rely on the following: -(1) The most recent renewable energy procurement plan. -(2) Procurement expenditures that approximate the expected cost of building, owning, and operating eligible renewable energy resources. -(3) The potential that some planned resource additions may be delayed or canceled. -(d) In developing the limitation pursuant to subdivision (c), the commission shall ensure all of the following: -(1) The limitation is set at a level that prevents disproportionate rate impacts. -(2) The costs of all procurement credited toward achieving the renewables portfolio standard are counted towards the limitation. -(3) Procurement expenditures do not include any indirect expenses, including imbalance energy charges, sale of excess energy, decreased generation from existing resources, transmission upgrades, or the costs associated with relicensing any utility-owned hydroelectric facilities. -(e) (1) No later than January 1, 2016, the commission shall prepare a report to the Legislature assessing whether each electrical corporation can achieve a 33-percent renewables portfolio standard by December 31, 2020, and maintain that level thereafter, within the adopted cost limitations. If the commission determines that it is necessary to change the limitation for procurement costs incurred by any electrical corporation after that date, it may propose a revised cap consistent with the criteria in subdivisions (c) and (d). The proposed modifications shall take effect no earlier than January 1, 2017. -(2) Notwithstanding Section 10231.5 of the Government Code, the requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2021. -(3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. -(f) If the cost limitation for an electrical corporation is insufficient to support the projected costs of meeting the renewables portfolio standard procurement requirements, the electrical corporation may refrain from entering into new contracts or constructing facilities beyond the quantity that can be procured within the limitation, unless eligible renewable energy resources can be procured without exceeding a de minimis increase in rates, consistent with the long-term procurement plan established for the electrical corporation pursuant to Section 454.5. -(g) (1) The commission shall monitor the status of the cost limitation for each electrical corporation in order to ensure compliance with this article. -(2) If the commission determines that an electrical corporation may exceed its cost limitation prior to achieving the renewables portfolio standard procurement requirements, the commission shall do both of the following within 60 days of making that determination: -(A) Investigate and identify the reasons why the electrical corporation may exceed its annual cost limitation. -(B) Notify the appropriate policy and fiscal committees of the Legislature that the electrical corporation may exceed its cost limitation, and include the reasons why the electrical corporation may exceed its cost limitation. -(h) The establishment of a renewables portfolio standard shall not constitute implementation by the commission of the federal Public Utility Regulatory Policies Act of 1978 (Public Law 95-617).","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. The Public Utilities Act imposes various duties and responsibilities on the commission with respect to the purchase of electricity and requires the commission to review and adopt a procurement plan and a renewable energy procurement plan for each electrical corporation pursuant to the California Renewables Portfolio Standard Program (RPS program). The RPS program requires the commission to establish a renewables portfolio standard requiring all retail sellers, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, at specified percentages of the total kilowatthours sold to their retail end-customers during specified compliance periods. Existing law authorizes the commission to require a retail seller to procure eligible renewable energy resources in excess of the specified quantities. -This bill would require that the commission evaluate the -economic impacts -benefits and costs to the California economy, including -upon low- and middle-income individuals and families -and disadvantaged communities, -before exercise of its authority to increase the procurement of eligible renewable energy resources in excess of the specified quantities. The bill would require the commission, in performing its evaluation, to conduct duly noticed public workshops throughout the state to allow for public comment and consideration of the economic findings.","An act to amend Section 399.15 of the Public Utilities Code, relating to energy." -208,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1502.8 is added to the Health and Safety Code, to read: -1502.8. -The department shall adopt regulations consistent with paragraph (24) of subdivision (a) of Section 16001.9 of the Welfare and Institutions Code. -SEC. 2. -Section 16001.9 of the Welfare and Institutions Code is amended to read: -16001.9. -(a) It is the policy of the state that all minors and nonminors in foster care shall have the following rights: -(1) To live in a safe, healthy, and comfortable home where he or she is treated with respect. -(2) To be free from physical, sexual, emotional, or other abuse, or corporal punishment. -(3) To receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance. -(4) To receive medical, dental, vision, and mental health services. -(5) To be free of the administration of medication or chemical substances, unless authorized by a physician. -(6) To contact family members, unless prohibited by court order, and social workers, attorneys, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and probation officers. -(7) To visit and contact brothers and sisters, unless prohibited by court order. -(8) To contact the Community Care Licensing Division of the State Department of Social Services or the State Foster Care Ombudsperson regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints. -(9) To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order. -(10) To attend religious services and activities of his or her choice. -(11) To maintain an emancipation bank account and manage personal income, consistent with the child’s age and developmental level, unless prohibited by the case plan. -(12) To not be locked in a room, building, or facility premises, unless placed in a community treatment facility. -(13) To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child’s age and developmental level, with minimal disruptions to school attendance and educational stability. -(14) To work and develop job skills at an age-appropriate level, consistent with state law. -(15) To have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends. -(16) To attend Independent Living Program classes and activities if he or she meets age requirements. -(17) To attend court hearings and speak to the judge. -(18) To have storage space for private use. -(19) To be involved in the development of his or her own case plan and plan for permanent placement. -(20) To review his or her own case plan and plan for permanent placement, if he or she is 12 years of age or older and in a permanent placement, and to receive information about his or her out-of-home placement and case plan, including being told of changes to the plan. -(21) To be free from unreasonable searches of personal belongings. -(22) To the confidentiality of all juvenile court records consistent with existing law. -(23) To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. -(24) To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. -(25) To have caregivers and child welfare personnel who have received instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care. -(26) At 16 years of age or older, to have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for vocational and postsecondary educational programs, and information regarding financial aid for postsecondary education. -(27) To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections at 12 years of age or older. -(b) Nothing in this section shall be interpreted to require a foster care provider to take any action that would impair the health and safety of children in out-of-home placement. -(c) The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (26) of subdivision (a). -SEC. 3. -Section 16006 is added to the Welfare and Institutions Code, to read: -16006. -Children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides that a minor may be adjudged a dependent child of the juvenile court under specified circumstances. Existing law authorizes the court to place a minor who has been removed from the custody of his or her parent or guardian in foster care, among other placements. Existing law extends certain foster care benefits to youth up to 21 years of age, known as nonminor dependents if specified conditions are met. -Under existing law, a county social worker develops a case plan for a minor or nonminor dependent that, among other things, identifies specific goals and the appropriateness of the planned services in meeting those goals. Existing law requires, if out-of-home placement is used to attain case plan goals, the case plan to include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. Existing law also specifies certain factors that must be considered in making a placement decision. -This bill would require children and nonminor dependents in an out-of-home placement to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. By expanding the duties of counties relating to the placement of foster children and nonminor dependents, this bill would impose a state-mandated local program. -Existing law provides that it is the policy of the state that all minors and nonminors in foster care have specified rights, including, among others, the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. -This bill would additionally specify that all minors and nonminors in foster care have the right to be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. The bill would require the State Department of Social Services to adopt regulations consistent with this provision. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 1502.8 to the Health and Safety Code, and to amend Section 16001.9 of, and to add Section 16006 to, the Welfare and Institutions Code, relating to foster care." -209,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 21178 of the Public Resources Code is amended to read: -21178. -The Legislature finds and declares all of the following: -(a) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) requires that the environmental impacts of development projects be identified and mitigated. -(b) The act also guarantees the public an opportunity to review and comment on the environmental impacts of a project and to participate meaningfully in the development of mitigation measures for potentially significant environmental impacts. -(c) There are large projects under consideration in various regions of the state that would replace old and outmoded facilities with new job-creating facilities to meet those regions’ needs while also establishing new, cutting-edge environmental benefits to those regions. -(d) These projects are privately financed or financed from revenues generated from the projects themselves and do not require taxpayer financing. -(e) These projects further will generate thousands of full-time jobs during construction and thousands of additional permanent jobs once they are constructed and operating. -(f) These projects also present an unprecedented opportunity to implement nation-leading innovative measures that will significantly reduce traffic, air quality, and other significant environmental impacts, and fully mitigate the greenhouse gas emissions resulting from passenger vehicle trips attributed to the project. -(g) These pollution reductions will be the best in the nation compared to other comparable projects in the United States. -(h) The purpose of this chapter is to provide unique and unprecedented streamlining benefits under the California Environmental Quality Act for projects that provide the benefits described above for a limited period of time to put people to work as soon as possible. -SEC. 2. -Section 21181 of the Public Resources Code is amended to read: -21181. -This chapter does not apply to a project if the Governor does not certify the project as an environmental leadership development project eligible for streamlining pursuant to this chapter prior to January 1, 2018. -SEC. 3. -Section 21183 of the Public Resources Code is amended to read: -21183. -The Governor may certify a leadership project for streamlining pursuant to this chapter if all the following conditions are met: -(a) The project will result in a minimum investment of one hundred million dollars ($100,000,000) in California upon completion of construction. -(b) (1) The project creates high-wage, highly skilled jobs that pay prevailing wages and living wages and provide construction jobs and permanent jobs for Californians, and helps reduce unemployment. For purposes of this subdivision, “jobs that pay prevailing wages” means that all construction workers employed in the execution of the project will receive at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code. If the project is certified for streamlining, the project applicant shall include this requirement in all contracts for the performance of the work. -(2) (A) If the project is certified pursuant to this chapter, contractors and subcontractors shall pay to all construction workers employed in the execution of the project at least the general prevailing rate of per diem wages. -(B) Except as provided in subparagraph (C), the obligation of the contractors and subcontractors to pay prevailing wages pursuant to subparagraph (A) may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. -(C) Subparagraph (B) does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. -(c) The project does not result in any net additional emission of greenhouse gases, including greenhouse gas emissions from employee transportation, as determined by the State Air Resources Board pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code. -(d) The project applicant has entered into a binding and enforceable agreement that all mitigation measures required pursuant to this division to certify the project under this chapter shall be conditions of approval of the project, and those conditions will be fully enforceable by the lead agency or another agency designated by the lead agency. In the case of environmental mitigation measures, the applicant agrees, as an ongoing obligation, that those measures will be monitored and enforced by the lead agency for the life of the obligation. -(e) The project applicant agrees to pay the costs of the Court of Appeal in hearing and deciding any case, including payment of the costs for the appointment of a special master if deemed appropriate by the court, in a form and manner specified by the Judicial Council, as provided in the Rules of Court adopted by the Judicial Council pursuant to Section 21185. -(f) The project applicant agrees to pay the costs of preparing the administrative record for the project concurrent with review and consideration of the project pursuant to this division, in a form and manner specified by the lead agency for the project. -SEC. 4. -Section 21184.5 is added to the Public Resources Code, to read: -21184.5. -(a) Notwithstanding any other law, except as provided in subdivision (b), a multifamily residential project certified under this chapter shall provide unbundled parking, such that private vehicle parking spaces are priced and rented or purchased separately from dwelling units. -(b) Subdivision (a) shall not apply if the dwelling units are subject to affordability restrictions in law that prescribe rent or sale prices, and the cost of parking spaces cannot be unbundled from the cost of dwelling units. -SEC. 5. -Section 21189.1 of the Public Resources Code is amended to read: -21189.1. -If, prior to January 1, 2019, a lead agency fails to approve a project certified by the Governor pursuant to this chapter, then the certification expires and is no longer valid. -SEC. 6. -Section 21189.3 of the Public Resources Code is amended to read: -21189.3. -This chapter shall remain in effect until January 1, 2019, and as of that date is repealed unless a later enacted statute extends or repeals that date. -SEC. 7. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. -SEC. 8. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to reauthorize the Governor to certify projects as environmental leadership development projects in 2016 and prevent a one-year gap in this authorization, it is necessary that this act take effect immediately.","(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. -The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 authorizes the Governor, until January 1, 2016, to certify projects meeting certain requirements, including the requirement that the project creates high-wage, highly skilled jobs that pay prevailing wages and living wages, for streamlining benefits provided by that act. The act provides that if a lead agency fails to approve a project certified by the Governor before January 1, 2017, then the certification expires and is no longer valid. The act requires a lead agency to prepare the record of proceedings for the certified project concurrent with the preparation of the environmental documents. The act is repealed by its own terms on January 1, 2017. -This bill would extend the authority of the Governor to certify a project to January 1, 2018. The bill would provide that the certification expires and is no longer valid if the lead agency fails to approve a certified project before January 1, 2019. If a project is certified by the Governor, the bill would require contractors and subcontractors to pay to all construction workers employed in the execution of the project at least the general prevailing rate of per diem wages and would provide for the enforcement of this requirement. The bill would repeal the act on January 1, 2019. Because the bill would extend the obligation of the lead agency to prepare concurrently the record of proceedings, this bill would impose a state-mandated local program. -This bill would, notwithstanding any other law, require a multifamily residential project certified pursuant to the act to provide private vehicle parking spaces that are priced and rented or purchased separately from dwelling units, except as provided. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -(3) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 21178, 21181, 21183, 21189.1, and 21189.3 of, and to add Section 21184.5 to, the Public Resources Code, relating to environmental quality, and declaring the urgency thereof, to take effect immediately." -210,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 49414 of the Education Code is amended to read: -49414. -(a) School districts, county offices of education, and charter schools shall provide emergency epinephrine auto-injectors to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. -(b) For purposes of this section, the following terms have the following meanings: -(1) “Anaphylaxis” means a potentially life-threatening hypersensitivity to a substance. -(A) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma. -(B) Causes of anaphylaxis may include, but are not limited to, an insect sting, food allergy, drug reaction, and exercise. -(2) “Authorizing physician and surgeon” may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director. -(3) “Epinephrine auto-injector” means a disposable drug delivery system with a spring-activated needle that is designed for emergency administration of epinephrine to provide rapid, convenient first aid for persons suffering a potentially fatal reaction to anaphylaxis. -(4) “Qualified supervisor of health” may include, but is not limited to, a school nurse. -(5) “Volunteer” or “trained personnel” means an employee who has volunteered to administer epinephrine auto-injectors to a person if the person is suffering, or reasonably believed to be suffering, from anaphylaxis, has been designated by a school, and has received training pursuant to subdivision (d). -(c) Each private elementary and secondary school in the state may voluntarily determine whether or not to make emergency epinephrine auto-injectors and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to epinephrine auto-injectors and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision. -(d) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of an epinephrine auto-injector from the school nurse or other qualified person designated by an authorizing physician and surgeon. -(e) (1) Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of epinephrine auto-injectors that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering epinephrine auto-injectors and administering medication in a school environment, including, but not limited to, the State Department of Public Health, the Emergency Medical Services Authority, the American Academy of Allergy, Asthma and Immunology, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, Food Allergy Research and Education, the California Society of Allergy, Asthma and Immunology, the American College of Allergy, Asthma and Immunology, the Sean N. Parker Center for Allergy Research, and others. -(2) Training established pursuant to this subdivision shall include all of the following: -(A) Techniques for recognizing symptoms of anaphylaxis. -(B) Standards and procedures for the storage, restocking, and emergency use of epinephrine auto-injectors. -(C) Emergency followup procedures, including calling the emergency 911 telephone number and contacting, if possible, the pupil’s parent and physician. -(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation. -(E) Instruction on how to determine whether to use an adult epinephrine auto-injector or a junior epinephrine auto-injector, which shall include consideration of a pupil’s grade level or age as a guideline of equivalency for the appropriate pupil weight determination. -(F) Written materials covering the information required under this subdivision. -(3) Training established pursuant to this subdivision shall be consistent with the most recent Voluntary Guidelines for Managing Food Allergies In Schools and Early Care and Education Programs published by the federal Centers for Disease Control and Prevention and the most recent guidelines for medication administration issued by the department. -(4) A school shall retain for reference the written materials prepared under subparagraph (F) of paragraph (2). -(f) A school district, county office of education, or charter school shall distribute a notice at least once per school year to all staff that contains the following information: -(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer an epinephrine auto-injector to a person if the person is suffering, or reasonably believed to be suffering, from anaphylaxis, as specified in subdivision (b). -(2) A description of the training that the volunteer will receive pursuant to subdivision (d). -(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school shall obtain from an authorizing physician and surgeon a prescription for each school for epinephrine auto-injectors that, at a minimum, includes, for elementary schools, one regular epinephrine auto-injector and one junior epinephrine auto-injector, and for junior high schools, middle schools, and high schools, if there are no pupils who require a junior epinephrine auto-injector, one regular epinephrine auto-injector. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the epinephrine auto-injector and restocking it if it is used. -(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1). -(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or epinephrine auto-injector manufacturers. -(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. -(h) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer an epinephrine auto-injector to a person exhibiting potentially life-threatening symptoms of anaphylaxis at school or a school activity when a physician is not immediately available. If the epinephrine auto-injector is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Epinephrine auto-injectors shall be restocked before their expiration date. -(i) A volunteer shall initiate emergency medical services or other appropriate medical followup in accordance with the training materials retained pursuant to paragraph (4) of subdivision (e). -(j) A school district, county office of education, or charter school shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file. -(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out the provisions of this section, including, but not limited to, the acceptance of epinephrine auto-injectors from a manufacturer or wholesaler.","Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses and trained personnel who have volunteered, as specified, and authorizes school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. Existing law requires a qualified supervisor of health or administrator at a school district, county office of education, or charter school to obtain the prescription for epinephrine auto-injectors from an authorizing physician and surgeon, as defined, and authorizes the prescription to be filled by local or mail order pharmacies or epinephrine auto-injector manufacturers. -This bill would prohibit an authorizing physician and surgeon from being subject to professional review, being liable in a civil action, or being subject to criminal prosecution for the issuance of a prescription or order, pursuant to these provisions, unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. The bill would also update an entity reference.","An act to amend Section 49414 of the Education Code, relating to pupil health." -211,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 26840.13 is added to the Government Code, to read: -26840.13. -(a) The Sonoma County Board of Supervisors, upon making findings and declarations on the need for governmental oversight and coordination of the multiple agencies dealing with domestic violence, may authorize an increase in the fees for marriage licenses and confidential marriage licenses, up to a maximum increase of two dollars ($2). -(b) Effective July 1 of each year, the Sonoma County Board of Supervisors may authorize an increase in these fees by an amount equal to the increase in the Consumer Price Index for the San Francisco metropolitan area for the preceding calendar year, rounded to the nearest one-half dollar ($0.50). The fees shall be allocated pursuant to Section 18309.6 of the Welfare and Institutions Code. -(c) In addition to the fee prescribed by Section 26840.1, in Sonoma County, the person issuing authorization for the performance of a marriage or confidential marriage, or the county clerk upon providing a blank authorization form pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code, shall collect the fees specified in subdivisions (a) and (b), at the time of providing the authorization. -(d) The Sonoma County Board of Supervisors shall submit to the Assembly and Senate Committees on Judiciary a preliminary report no later than July 1, 2019, and a final report no later than July 1, 2020. Both reports shall contain the following information: -(1) The annual amounts of funds received and expended from fee increases for the purpose of governmental oversight and coordination of domestic violence prevention, intervention, and prosecution efforts in the county. -(2) Outcomes achieved as a result of the activities associated with the implementation of this section. -(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 2. -Section 103628.2 is added to the Health and Safety Code, to read: -103628.2. -(a) The Sonoma County Board of Supervisors, upon making findings and declarations on the need for governmental oversight and coordination of the multiple agencies dealing with domestic violence, may authorize an increase in the fees for certified copies of marriage certificates, fetal death records, and death records, up to a maximum increase of two dollars ($2). -(b) Effective July 1 of each year, the Sonoma County Board of Supervisors may authorize an increase in these fees by an amount equal to the increase in the Consumer Price Index for the San Francisco metropolitan area for the preceding calendar year, rounded to the nearest one-half dollar ($0.50). The fees shall be allocated pursuant to Section 18309.6 of the Welfare and Institutions Code. -(c) In addition to the fees prescribed by statute, any applicant for a certified copy of a marriage certificate, fetal death record, or death record in Sonoma County shall pay an additional fee to the local registrar, county recorder, or county clerk as established by the Sonoma County Board of Supervisors pursuant to subdivisions (a) and (b). -(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 3. -Section 18309.6 is added to the Welfare and Institutions Code, to read: -18309.6. -(a) (1) The Sonoma County Board of Supervisors shall direct the local registrar, county recorder, and county clerk to deposit fees collected pursuant to Section 26840.13 of the Government Code and Section 103628.2 of the Health and Safety Code into a special fund. -(2) The county may retain up to 4 percent of the fund for administrative costs associated with the collection and segregation of the additional fees and the deposit of these fees into the special fund. Proceeds from the fund shall be used for governmental oversight and coordination of domestic violence and family violence prevention, intervention, and prosecution efforts among the court system, the district attorney’s office, the public defender’s office, law enforcement, the probation department, mental health services, substance abuse services, child welfare services, adult protective services, and community-based organizations and other agencies working in Sonoma County in order to increase the effectiveness of prevention, early intervention, and prosecution of domestic and family violence. -(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 4. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the County of Sonoma with respect to domestic violence. -SECTION 1. -Section 59111 of the -Food and Agricultural Code -is amended to read: -59111. -(a)Upon the issuance of any order that makes effective a marketing order or marketing agreement, or any suspension, amendment, or termination of a marketing order or marketing agreement, a notice of the issuance shall be posted on a public bulletin board maintained by the secretary in his or her office. The secretary shall also post the same notice of issuance on the department’s Internet Web site. A marketing order or marketing agreement, or any suspension, amendment, or termination of it, shall not become effective until five days after the date of the posting in the secretary’s office or on the department’s Internet Web site, whichever occurs first. The secretary shall also mail a copy of the notice to every person that is directly affected by the terms of the marketing order or marketing agreement, suspension, amendment, or termination, whose name and address is on file in the office of the secretary, and to every person that files in the office of the secretary a written or electronic request for the notice. -(b)This section shall not apply to the termination of any marketing order or marketing agreement under Section 59087.","Existing law requires the collection of fees for issuing marriage licenses and for providing certified copies of vital records, including marriage certificates, birth certificates, fetal death records, and death records. Existing law provides for the establishment of county domestic violence program special funds for the purpose of funding local domestic violence programs. Certain fees payable at the time a marriage license is issued may be collected by the county clerks for deposit into these funds. -Existing law authorizes the Alameda County Board of Supervisors and the Solano County Board of Supervisors, upon making certain findings and declarations, to authorize an increase in the fees for marriage licenses and confidential marriage licenses, up to a maximum increase of $2. Existing law authorizes those boards of supervisors, upon making certain findings and declarations, to authorize an increase in the fees for certified copies of certain vital records, up to a maximum increase of $2. Existing law authorizes those boards of supervisors to make further increases in those fees each year, as specified. Existing law requires these fees to be allocated for purposes relating to domestic violence prevention, intervention, and prosecution. -This bill would, until January 1, 2021, provide the same authorization to increase fees for marriage licenses and certain vital records to the Sonoma County Board of Supervisors, and would require those fees to be allocated for purposes relating to domestic violence prevention, intervention, and prosecution. The bill would require the Sonoma County Board of Supervisors to submit to the Assembly and Senate Committees on Judiciary preliminary reports by July 1, 2019, and final reports by July 1, 2020, regarding the fee increase for marriage licenses, as specified. -This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sonoma. -Existing law provides for the California Marketing Act of 1937 governing the marketing of commodities in this state. Under the act, the Secretary of Food and Agriculture is authorized to issue marketing orders and enter into marketing agreements, as specified. Existing law requires, upon the issuance of any order that makes effective a marketing order or marketing agreement, or any suspension, amendment, or termination of a marketing order or marketing agreement, a notice of the issuance to be posted on a public bulletin board maintained by the secretary in his or her office. Existing law also requires the secretary to mail a copy of the notice to specified persons, including a person that files a written request for the notice, as specified. -This bill would require the secretary to also post the notice on the Department of Food and Agriculture’s Internet Web site and would additionally require the secretary to mail a copy of the notice to a person that files an electronic request for the notice. The bill would make various nonsubstantive changes.","An act to amend Section 59111 of the Food and Agricultural Code, relating to agriculture. -An act to add and repeal Section 26840.13 of the Government Code, to add and repeal Section 103628.2 of the Health and Safety Code, and to add and repeal Section 18309.6 of the Welfare and Institutions Code, relating to domestic violence." -212,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 49414 of the Education Code is amended to read: -49414. -(a) School districts, county offices of education, and charter schools shall provide emergency epinephrine auto-injectors to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. -(b) For purposes of this section, the following terms have the following meanings: -(1) “Anaphylaxis” means a potentially life-threatening hypersensitivity to a substance. -(A) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma. -(B) Causes of anaphylaxis may include, but are not -necessarily -limited to, an insect sting, food allergy, drug reaction, and exercise. -(2) “Authorizing physician and surgeon” may include, but is not -necessarily -limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director. -(3) “Epinephrine auto-injector” means a disposable drug delivery system with a spring-activated needle that is designed for emergency administration of epinephrine to provide rapid, convenient first aid for persons suffering a potentially fatal reaction to anaphylaxis. -(4) “Qualified supervisor of health” may include, but is not -necessarily -limited to, a school nurse. -(5) “Volunteer” or “trained personnel” means an employee who has volunteered to administer epinephrine auto-injectors to a person if the person is suffering, or reasonably believed to be suffering, from anaphylaxis, has been designated by a school, and has received training pursuant to subdivision (d). -(c) Each private elementary and secondary school in the state may voluntarily determine whether or not to make emergency epinephrine auto-injectors and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to epinephrine auto-injectors and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision. -(d) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of an epinephrine auto-injector from the school nurse or other qualified person designated by an authorizing physician and surgeon. -(e) (1) Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of epinephrine auto-injectors that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering epinephrine auto-injectors and administering medication in a school environment, including, but not limited to, the State Department of Public Health, the Emergency Medical Services Authority, the American Academy of Allergy, Asthma and Immunology, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, Food Allergy Research and Education, the California Society of Allergy, Asthma and Immunology, the American College of Allergy, Asthma and Immunology, the Stanford Allergy Center, and others. -(2) Training established pursuant to this subdivision shall include all of the following: -(A) Techniques for recognizing symptoms of anaphylaxis. -(B) Standards and procedures for the storage, restocking, and emergency use of epinephrine auto-injectors. -(C) Emergency followup procedures, including calling the emergency 911 telephone number and contacting, if possible, the pupil’s parent and physician. -(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation. -(E) Instruction on how to determine whether to use an adult epinephrine auto-injector or a junior epinephrine auto-injector, which shall include consideration of a pupil’s grade level or age as a guideline of equivalency for the appropriate pupil weight determination. -(F) Written materials covering the information required under this subdivision. -(3) Training established pursuant to this subdivision shall be consistent with the most recent Voluntary Guidelines for Managing Food Allergies In Schools and Early Care and Education Programs published by the federal Centers for Disease Control and Prevention and the most recent guidelines for medication administration issued by the department. -(4) A school shall retain for reference the written materials prepared under subparagraph (F) of paragraph (2). -(f) A school district, county office of education, or charter school shall distribute a notice at least once per school year to all staff that contains the following information: -(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer an epinephrine auto-injector to a person if the person is suffering, or reasonably believed to be suffering, from anaphylaxis, as specified in subdivision (b). -(2) A description of the training that the volunteer will receive pursuant to subdivision (d). -(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school shall obtain from an authorizing physician and surgeon a prescription for each school for epinephrine auto-injectors that, at a minimum, includes, for elementary schools, one regular epinephrine auto-injector and one junior epinephrine auto-injector, and for junior high schools, middle schools, and high schools, if there are no pupils who require a junior epinephrine auto-injector, one regular epinephrine auto-injector. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the epinephrine auto-injector and restocking it if it is used. -(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1). -(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or epinephrine auto-injector manufacturers. -(h) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer an epinephrine auto-injector to a person exhibiting potentially life-threatening symptoms of anaphylaxis at school or a school activity when a physician is not immediately available. If the epinephrine auto-injector is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Epinephrine auto-injectors shall be restocked before their expiration date. -(i) A volunteer shall initiate emergency medical services or other appropriate medical followup in accordance with the training materials retained pursuant to paragraph (4) of subdivision (e). -(j) A school district, county office of education, or charter school shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file. -(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out the provisions of this section, including, but not limited to, the acceptance of epinephrine auto-injectors from a manufacturer or wholesaler.","Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses and trained personnel who have volunteered, as specified, and would authorize school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. Existing law defines terms to be used for purposes of these provisions. -This bill would make nonsubstantive changes to these provisions.","An act to amend Section 49414 of the Education Code, relating to pupil health." -213,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 281 of the Public Utilities Code is amended to read: -281. -(a) The commission shall develop, implement, and administer the California Advanced Services Fund program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section. -(b) (1) The goal of the program is, no later than December 31, 2015, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households. -(2) In approving infrastructure projects, the commission shall give priority to projects that provide last-mile broadband access to households that are unserved by an existing facilities-based broadband provider. The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application. -(c) The commission shall establish the following accounts within the fund: -(1) The Broadband Infrastructure Grant Account. -(2) The Rural and Urban Regional Broadband Consortia Grant Account. -(3) The Broadband Infrastructure Revolving Loan Account. -(4) The Broadband Public Housing Account. -(d) (1) All moneys collected by the surcharge authorized by the commission pursuant to Decision 07-12-054 shall be transmitted to the commission pursuant to a schedule established by the commission. The commission shall transfer the moneys received to the Controller for deposit in the California Advanced Services Fund. Moneys collected on and after January 1, 2011, shall be deposited in the following amounts in the following accounts: -(A) One hundred ninety million dollars ($190,000,000) into the Broadband Infrastructure Grant Account. -(B) Fifteen million dollars ($15,000,000) into the Rural and Urban Regional Broadband Consortia Grant Account. -(C) Ten million dollars ($10,000,000) into the Broadband Infrastructure Revolving Loan Account. -(2) All interest earned on moneys in the fund shall be deposited in the fund. -(3) The commission shall not collect moneys, by imposing the surcharge described in paragraph (1) for deposit in the fund, in an amount that exceeds one hundred million dollars ($100,000,000) before January 1, 2011. On and after January 1, 2011, the commission may collect an additional sum not to exceed two hundred fifteen million dollars ($215,000,000), for a sum total of moneys collected by imposing the surcharge described in paragraph (1) not to exceed three hundred fifteen million dollars ($315,000,000). The commission may collect the additional sum beginning with the calendar year starting on January 1, 2011, and continuing through the 2020 calendar year, in an amount not to exceed twenty-five million dollars ($25,000,000) per year, unless the commission determines that collecting a higher amount in any year will not result in an increase in the total amount of all surcharges collected from telephone customers that year. -(e) (1) All moneys in the California Advanced Services Fund shall be available, upon appropriation by the Legislature, to the commission for the program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund. -(2) Notwithstanding any other law and for the sole purpose of providing matching funds pursuant to the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), any entity eligible for funding pursuant to that act shall be eligible to apply to participate in the program administered by the commission pursuant to this section, if that entity otherwise satisfies the eligibility requirements under that program. Nothing in this section shall impede the ability of an incumbent local exchange carrier, as defined by subsection (h) of Section 251 of Title 47 of the United States Code, that is regulated under a rate of return regulatory structure, to recover, in rate base, California infrastructure investment not provided through federal or state grant funds for facilities that provide broadband service and California intrastate voice service. -(3) Notwithstanding subdivision (b) of Section 270, an entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved or underserved household, as defined in commission Decision 12-02-015, if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission. These requirements shall include all of the following: -(A) That projects under this paragraph provide last-mile broadband access to households that are unserved by an existing facilities-based broadband provider and only receive funding to provide broadband access to households that are unserved or underserved, as defined in commission Decision 12-02-015. -(B) That funding for a project providing broadband access to an underserved household shall not be approved until after any existing facilities-based provider has an opportunity to demonstrate to the commission that it will, within a reasonable timeframe, upgrade existing service. An existing facilities-based provider may, but is not required to, apply for funding under this section to make that upgrade. -(C) That the commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application. -(D) That a local governmental agency may be eligible for an infrastructure grant only if the infrastructure project is for an unserved household or business, the commission has conducted an open application process, and no other eligible entity applied. -(E) That the commission shall establish a service list of interested parties to be notified of California Advanced Services Fund applications. -(f) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to fund the cost of broadband deployment activities other than the capital cost of facilities, as specified by the commission. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, business, workforce organizations, and air pollution control or air quality management districts, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity. -(g) Moneys in the Broadband Infrastructure Revolving Loan Account shall be available to finance capital costs of broadband facilities not funded by a grant from the Broadband Infrastructure Grant Account. The commission shall periodically set interest rates on the loans based on surveys of existing financial markets. -(h) (1) For purposes of this subdivision, the following terms have the following meanings: -(A) “Publicly subsidized” means either that the housing development receives financial assistance from the United States Department of Housing and Urban Development pursuant to an annual contribution contract or is financed with low-income housing tax credits, tax-exempt mortgage revenue bonds, general obligation bonds, or local, state, or federal loans or grants and the rents of the occupants, who are lower income households, do not exceed those prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance. -(B) “Publicly supported community” means a publicly subsidized multifamily housing development that is wholly owned by either of the following: -(i) A public housing agency that has been chartered by the state, or by any city or county in the state, and has been determined to be an eligible public housing agency by the United States Department of Housing and Urban Development. -(ii) An incorporated nonprofit organization as described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) that is exempt from taxation under Section 501(a) of that code (26 U.S.C. Sec. 501(a)), and that has received public funding to subsidize the construction or maintenance of housing occupied by residents whose annual income qualifies as “low” or “very low” income according to federal poverty guidelines. -(2) Notwithstanding subdivision (b) of Section 270, moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to an eligible publicly supported community if that entity otherwise meets eligibility requirements and complies with program requirements established by the commission. -(3) (A) Not more than twenty million dollars ($20,000,000) shall be available for grants and loans to a publicly supported community to finance a project to connect a broadband network to that publicly supported community. A publicly supported community may be an eligible applicant only if the publicly supported community can verify to the commission that the publicly supported community has not denied a right of access to any broadband provider that is willing to connect a broadband network to the facility for which the grant or loan is sought and the publically supported community is unserved. -(B) (i) In its review of applications received pursuant to subparagraph (A), the commission shall award grants only to unserved housing developments. -(ii) For purposes of this subparagraph, a housing development is unserved when at least one housing unit within the housing development is not offered broadband Internet service. -(4) (A) Not more than five million dollars ($5,000,000) shall be available for grants and loans to a publicly supported community to support programs designed to increase adoption rates for broadband services for residents of that publicly supported community. A publicly supported community may be eligible for funding for a broadband adoption program only if the residential units in the facility to be served have access to broadband services or will have access to broadband services at the time the funding for adoption is implemented. -(B) A publicly supported community may contract with other nonprofit or public agencies to assist in implementation of a broadband adoption program. -(5) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of publicly supported communities. -(6) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source. -(7) (A) To provide funding for the purposes of this subdivision, the commission shall transfer to the Broadband Public Housing Account twenty million dollars ($20,000,000) from the Broadband Infrastructure Grant Account and five million dollars ($5,000,000) from the Broadband Infrastructure Revolving Loan Account. Any moneys in the Broadband Public Housing Account that have not been awarded pursuant to this subdivision by December 31, 2020, shall be transferred back to the Broadband Infrastructure Grant Account and Broadband Infrastructure Revolving Loan Account in proportion to the amount transferred from the respective accounts. -(B) The commission shall transfer funds pursuant to subparagraph (A) only if the commission is otherwise authorized to collect funds for purposes of this section in excess of the total amount authorized pursuant to paragraph (3) of subdivision (d). -SEC. 2. -Section 914.7 of the Public Utilities Code is amended to read: -914.7. -(a) By April 1 of each year, the commission shall provide a report to the Legislature that includes all of the following information: -(1) The amount of funds expended from the California Advanced Services Fund in the prior year. -(2) The recipients of funds expended from the California Advanced Services Fund in the prior year. -(3) The geographic regions of the state affected by funds expended from the California Advanced Services Fund in the prior year, including information by county. -(4) The expected benefits to be derived from the funds expended from the California Advanced Services Fund in the prior year. -(5) Details on the status of each project funded through the California Advanced Services Fund, whether the project has been completed, and, if applicable, the expected completion date of the project. -(6) Actual broadband adoption levels from the funds expended from the California Advanced Services Fund in the prior year. -(7) The amount of funds expended from the California Advanced Services Fund used to match federal funds. -(8) Additional details on efforts to leverage non-California Advanced Services Fund funds. -(9) An update on the expenditures from the California Advanced Services Fund and broadband adoption levels, and an accounting of remaining unserved and underserved households and areas of the state. -(10) The status of the California Advanced Services Fund balance and the projected amount to be collected in each year through 2020 to fund approved projects. -(b) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2022.","Existing law, the federal Telecommunications Act of 1996, establishes a program of cooperative federalism for the regulation of telecommunications to attain the goal of local competition, while implementing specific, predictable, and sufficient federal and state mechanisms to preserve and advance universal service, consistent with certain universal service principles. The universal service principles include the principle that consumers in all regions of the nation, including low-income consumers and those in rural, insular, and high-cost areas, should have access to telecommunications and information services, including interexchange services and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas. The act authorizes each state to adopt regulations to provide for additional definitions and standards to preserve and advance universal service within the state, only to the extent that they adopt additional specific, predictable, and sufficient mechanisms that do not rely on or burden federal universal service support mechanisms. -Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations, as defined. Existing law establishes the California Advanced Services Fund, referred to as the CASF, in the State Treasury. Existing law requires the commission to develop, implement, and administer the CASF to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, as provided in specified decisions of the commission and in the CASF statute. -Existing law establishes the Rural and Urban Regional Broadband Consortia Grant Account within the CASF. Existing law provides that moneys in the Rural and Urban Regional Broadband Consortia Grant Account are available for grants to eligible consortia to fund the cost of broadband deployment activities other than the capital cost of facilities, as specified by the commission, and provides that an eligible consortium may include representatives of organizations, including local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, and business. -This bill would specifically include representatives of workforce organizations and air pollution control or air quality management districts amongst the persons that can be included in an eligible consortium. -Existing law establishes the Broadband Public Housing Account within the CASF. Existing law provides that moneys in that account are available for, among other things, grants and loans to publicly supported communities to finance projects to connect to broadband networks. -This bill would require the commission, in its review of applications for grants and loans for this purpose, to prioritize unserved housing developments, as defined. -Existing law transferred moneys from other accounts within the CASF to the Broadband Public Housing Account for various specified purposes and provided that those transferred moneys not awarded by December 31, 2016, would be returned to the accounts from which they were transferred. -This bill would postpone the return of those moneys until December 31, 2020. By authorizing the granting of moneys remaining in the Broadband Public Housing Account until that date, this bill would make an appropriation. -Existing law requires the commission to annually report to the Legislature on the expenditures of CASF funds, as specified, including the geographic regions of the state affected by those expenditures in the prior year. -This bill would require the commission’s report to the Legislature to include that information by county, details on efforts to leverage non-CASF funds, the status of each project funded through the CASF, whether the project has been completed, and, if applicable, the expected completion date of the project.","An act to amend Sections 281 and 914.7 of the Public Utilities Code, relating to telecommunications, and making an appropriation therefor." -214,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1726 of the Health and Safety Code is amended to read: -1726. -(a) -No -A -private or public organization, including, but not limited to, any partnership, corporation, political subdivision of the state, or other governmental agency within the state, shall -not -provide, or arrange for the provision of, skilled nursing services in the home in this state without first obtaining a home health agency license. -(b) -No -A -private or public organization, including, but not limited to, any partnership, corporation, or political subdivision of the state, or other governmental agency within the state, shall -not -do any of the following unless it is licensed under this chapter: -(1) Represent itself to be a home health agency by its name or advertisement, soliciting, or any other presentments to the public, or in the context of services within the scope of this chapter imply that it is licensed to provide those services or to make any reference to employee bonding in relation to those services. -(2) Use the words “home health agency,” “home health,” “home-health,” “homehealth,” or “in-home health,” or any combination of those terms, within its name. -(3) Use the words “skilled” or “nursing,” or any combination of those terms within its name, to imply that it is licensed as a home health agency to provide those services. -(c) In implementing the system of licensing for home health agencies, the department shall distinguish between the functions of a home health agency and the functions of an employment agency or a licensed nurses’ registry pursuant to Title 2.91 (commencing with Section 1812.500) of Part 4 of Division 3 of the Civil Code. An employment agency or a licensed nurses’ registry performing its functions as specified in Title 2.91 (commencing with Section 1812.500) of Part 4 of Division 3 of the Civil Code is not required to secure a home health agency license under subdivision (a), unless it is performing the functions of a home health agency, as defined in this chapter. However, subdivision (b) shall apply to an employment agency or a licensed nurses’ registry that is not licensed under this chapter. -(d) A -hospice -home health agency -is not required to secure a -home health agency license under subdivision (a). However, subdivision (b) shall apply to a hospice that is not licensed under this chapter. -hospice license pursuant to Section 1747 in order to become certified to provide hospice care. -SEC. 2. -Section 1747 of the Health and Safety Code is amended to read: -1747. -(a) -No -A -person, political subdivision of the state, or other governmental -agency, that is not operating a hospice as of January 1, 1991, -agency -shall -not -establish or operate a hospice without first obtaining a license under this -chapter. -chapter, unless it is a licensed home health agency that is exempt pursuant to Section 1747.1. -(b) Any person, political subdivision of the state, or other governmental agency, that is operating a hospice as of January 1, 1991, may continue to operate the hospice only under the following conditions: -(1) The person, political subdivision of the state, or other governmental agency shall apply to the state department for a license under this chapter within 60 days after forms for the application of licensure under this chapter are available from the state department. -(2) The person, political subdivision of the state, or other governmental agency shall cease calling or referring to itself as a hospice upon the final decision of the director upholding the state department’s denial of an application for licensure under this chapter. -(c) Nothing in this chapter shall preclude the ongoing use of the title “volunteer hospice” by those organizations that satisfy all of the following: -(1) They do not provide skilled nursing services. -(2) They do not charge patients or families for hospice services, and they do not receive third-party insurance payments for services rendered. -(3) They satisfy the disclosure requirements specified in subdivision (c) of Section 1748. -(d) A small and rural hospice is exempt from the licensing provisions of this chapter and the disclosure requirements of subdivision (c) of Section 1748. A small and rural hospice may provide skilled nursing services and may use the title “volunteer hospice.” -For -(e) For -purposes of this chapter, a “small and rural hospice” means a hospice that provides services to less than 50 patients per year, does not charge for services, does not receive third-party payment for services rendered, and is not located in a standard metropolitan statistical area. -SEC. 3. -Section 1747.1 of the Health and Safety Code is repealed. -1747.1. -A hospice program certified in accordance with federal Medicare hospice conditions of participation shall be exempt from subdivision (a) of Section 1747, but shall be subject to Section 1726 unless it elects to apply for hospice licensure. A hospice program that elects to apply for hospice licensure shall thereafter be subject to all the hospice licensure requirements set forth in this chapter. -SEC. 4. -Section 1747.1 is added to the Health and Safety Code, to read: -1747.1. -A home health agency licensed pursuant to Section 1726 is exempt from the requirement to obtain a license pursuant to Section 1747 if the hospice program is certified in accordance with federal Medicare hospice conditions of participation. A home health agency may provide hospice care if the agency is in the process of obtaining that certification. The hospice certification process shall commence no later than the commencement of the process for recertification as a home health agency, unless the home health agency is otherwise exempt from the hospice certification process. -SEC. 5. -Section 1748 of the Health and Safety Code is amended to read: -1748. -(a) Except as otherwise provided in subdivision -(b) -(a), (b), -or (d) of Section 1747, -no -a -person, political subdivision of the state, or other governmental agency shall -not -establish, conduct, maintain, or represent itself as a hospice unless a license has been issued under this chapter. Multiple locations need not obtain a separate license. Multiple locations shall be listed on the license of the parent agency and each shall pay a licensing fee in the amount prescribed by subdivision (a) of Section 1750. -(b) Any person, political subdivision of the state, or other governmental agency desiring a license to establish a hospice shall file with the state department a verified application on a form prescribed and furnished by the state department which contains any information as may be required by the state department for the proper administration and enforcement of this chapter. -(c) Any hospice that is not required to obtain a license under this chapter shall disclose in all advertisements and information provided to the public all of the following information: -(1) It is not required to be licensed and is not regulated by the state department. -(2) Any complaint against the hospice should be directed to the local district attorney and the state department. -(3) Any complaint against personnel licensed by a board or committee within the Department of Consumer Affairs and employed by the hospice should be directed to the respective board or committee. Any complaint against a certified home health aide or certified nurse assistant shall be directed to the state department. -The address and phone number of any state agency, board, or committee which is responsible for addressing complaints shall be provided by the hospice, upon request, to any patient of the hospice. -SECTION 1. -Section 1596.65 of the -Health and Safety Code -is amended to read: -1596.65. -(a) An employment agency, as defined in Section 1812.501 of the Civil Code, that refers a child care provider to parents or guardians who are not required to be a licensed child day care facility shall not make a placement of a child care provider who is not a trustline applicant or a registered child care provider. -(b) A violation of this section is a misdemeanor and shall be punishable by a fine of one hundred dollars ($100).","Existing law provides for the licensure and regulation of home health agencies by the State Department of Public Health. Existing law requires all private or public organizations that provide or arrange for skilled nursing services to patients in the home to obtain a home health agency license. -Existing law, the California Hospice Licensure Act of 1990 (the act), provides for the licensure and regulation by the State Department of Public Health of persons or agencies that provide hospice services to persons, and the families of persons, who are experiencing the last phases of life due to a terminal disease. The act prohibits a person, political subdivision of the state, or other governmental agency from establishing or operating a hospice without first obtaining a license. Existing federal law also provides for the certification of hospice care for purposes of Medicare reimbursement. Existing law exempts a hospice program certified in accordance with federal Medicare hospice conditions of participation from the requirement to obtain a license pursuant to the act, but provides that the program is subject to home health agency licensure unless it elects to apply for hospice licensure. -This bill instead would exempt a licensed home health agency from the requirement to obtain a license to provide hospice services if the hospice program is certified in accordance with federal Medicare hospice conditions of participation or is in the process of obtaining that certification. The bill would also make conforming changes. -Existing law requires the State Department of Social Services to establish a trustline registry for trustline providers who meet prescribed requirements. Existing law defines a trustline provider as a person 18 years of age or older who provides child care, supervision, or in-home educational or counseling services, and who is not required to be licensed as a child day care facility. Existing law prohibits an employment agency from making a referral of a child care provider unless the child care provider is a trustline applicant or registered child care provider. -This bill would make a technical, nonsubstantive change to a provision related to the trustline registry.","An act to amend -Section 1596.65 of the Health and Safety Code, relating to child care. -Sections 1726, 1747, and 1748 of, and to repeal and add Section 1747.1 of, the Health and Safety Code, relating to home health agencies." -215,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 146e of the Penal Code is amended to read: -146e. -(a) Every person who maliciously, and with the intent to obstruct justice or the due administration of the laws, or with the intent or threat to inflict imminent physical harm in retaliation for the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address or telephone number of any peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or that of the spouse or children of these persons who reside with them, while designating the peace officer, nonsworn police dispatcher, employee of a city police department or county sheriff’s office, or public safety official, or relative of these persons as such, without the authorization of the employing agency, shall be punished by imprisonment -in a county jail not to exceed one year or -pursuant to subdivision (h) of Section 1170. -(b) A violation of subdivision (a) with regard to any peace officer, employee of a city police department or county sheriff’s office, or public safety official, or the spouse or children of these persons, that results in bodily injury to the peace officer, employee of the city police department or county sheriff’s office, or public safety official, or the spouse or children of these persons, is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170. -(c) For purposes of this section, “public safety official” is defined in Section 6254.24 of the Government Code. -SEC. 2. -Section 148 of the Penal Code is amended to read: -148. -(a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. -(2) Except as provided by subdivision (d) of Section 653t, every person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a public safety radio frequency shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. -(b) Every person who, during the commission of any offense described in subdivision (a), removes or takes any weapon, other than a firearm, from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. -(c) Every person who, during the commission of any offense described in subdivision (a), removes or takes a firearm from the person of, or immediate presence of, a public officer or peace officer -shall be punished -is guilty of a felony punishable -by imprisonment in state prison. -(d) Except as provided in subdivision (c) and notwithstanding subdivision (a) of Section 489, every person who removes or takes without intent to permanently deprive, or who attempts to remove or take a firearm from the person of, or immediate presence of, a public officer or peace officer, while the officer is engaged in the performance of his or her lawful duties, shall be punished by imprisonment -in a county jail not to exceed one year or -pursuant to subdivision (h) of Section 1170. -In order to prove a violation of this subdivision, the prosecution shall establish that the defendant had the specific intent to remove or take the firearm by demonstrating that any of the following direct, but ineffectual, acts occurred: -(1) The officer’s holster strap was unfastened by the defendant. -(2) The firearm was partially removed from the officer’s holster by the defendant. -(3) The firearm safety was released by the defendant. -(4) An independent witness corroborates that the defendant stated that he or she intended to remove the firearm and the defendant actually touched the firearm. -(5) An independent witness corroborates that the defendant actually had his or her hand on the firearm and tried to take the firearm away from the officer who was holding it. -(6) The defendant’s fingerprint was found on the firearm or holster. -(7) Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm. -(8) In the course of any struggle, the officer’s firearm fell and the defendant attempted to pick it up. -(e) A person shall not be convicted of a violation of subdivision (a) in addition to a conviction of a violation of subdivision (b), (c), or (d) when the resistance, delay, or obstruction, and the removal or taking of the weapon or firearm or attempt thereof, was committed against the same public officer, peace officer, or emergency medical technician. A person may be convicted of multiple violations of this section if more than one public officer, peace officer, or emergency medical technician are victims. -(f) This section shall not apply if the public officer, peace officer, or emergency medical technician is disarmed while engaged in a criminal act. -SEC. 3. -Section 243 of the -Penal Code -is amended to read: -243. -(a)A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. -(b)When a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. -(c)(1)When a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, and an injury is inflicted on that victim, the battery is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years. -(2)When the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment. -(d)When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. -(e)(1)When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer’s treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution. -(2)Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements: -(A)That the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollars ($5,000). -(B)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. -For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. -(3)Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision and sentenced under paragraph (1), the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence. -(4)The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display society’s condemnation for these crimes of violence upon victims with whom a close relationship has been formed. -(5)If a peace officer makes an arrest for a violation of paragraph (1) of subdivision (e) of this section, the peace officer is not required to inform the victim of his or her right to make a citizen’s arrest pursuant to subdivision (b) of Section 836. -(f)As used in this section: -(1)“Peace officer” means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. -(2)“Emergency medical technician” means a person who is either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid certificate or license in accordance with the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code. -(3)“Nurse” means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code. -(4)“Serious bodily injury” means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement. -(5)“Injury” means any physical injury which requires professional medical treatment. -(6)“Custodial officer” means any person who has the responsibilities and duties described in Section 831 and who is employed by a law enforcement agency of any city or county or who performs those duties as a volunteer. -(7)“Lifeguard” means a person defined in paragraph (5) of subdivision (d) of Section 241. -(8)“Traffic officer” means any person employed by a city, county, or city and county to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles. -(9)“Animal control officer” means any person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations. -(10)“Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations. -(11)(A)“Code enforcement officer” means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints. -(B)“Code enforcement officer” also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). -(12)“Custody assistant” means any person who has the responsibilities and duties described in Section 831.7 and who is employed by a law enforcement agency of any city, county, or city and county. -(13)“Search and rescue member” means any person who is part of an organized search and rescue team managed by a government agency. -(14)“Security officer” means any person who has the responsibilities and duties described in Section 831.4 and who is employed by a law enforcement agency of any city, county, or city and county. -(g)It is the intent of the Legislature by amendments to this section at the 1981–82 and 1983–84 Regular Sessions to abrogate the holdings in cases such as People v. Corey, 21 Cal. 3d 738, and Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, while wearing a police uniform as private security guards or patrolmen and to allow the exercise of peace officer powers concurrently with that employment. -SEC. 4. -Section 243.1 of the -Penal Code -is amended to read: -243.1. -When a battery is committed against the person of a custodial officer as defined in Section 831 of the Penal Code, and the person committing the offense knows or reasonably should know that the victim is a custodial officer engaged in the performance of his or her duties, and the custodial officer is engaged in the performance of his or her duties, the offense shall be punished by imprisonment in state prison. -SEC. 3. -Section 244.5 of the Penal Code is amended to read: -244.5. -(a) As used in this section, “stun gun” means any item, except a less lethal weapon, as defined in Section 16780, used or intended to be used as either an offensive or defensive weapon that is capable of temporarily immobilizing a person by the infliction of an electrical charge. -(b) Every person who commits an assault upon the person of another with a stun gun or less lethal weapon, as defined in Section 16780, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years. -(c) Every person who commits an assault upon the person of a peace officer or firefighter with a stun gun or less lethal weapon, as defined in Section 16780, who knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by -imprisonment in the county jail for a term not exceeding one year, or by -imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. -(d) This section shall not be construed to preclude or in any way limit the applicability of Section 245 in any criminal prosecution. -SEC. 5. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law makes it a crime to violate various provisions prohibiting certain actions against a peace officer or his or her family, other first responders, or public officials, including, but not limited to, removing an officer’s firearm while resisting -arrest and committing a battery against a peace officer or other medical personnel engaged in the performance of his or her duties. -arrest, maliciously disclosing specified personal information about the officer with the intent to obstruct justice or the due administration of the laws, and using a stun gun against a peace officer or firefighter. -Existing law generally makes the violation of these provisions misdemeanors or felonies punishable in a county jail, as specified, or both a misdemeanor or a felony, commonly referred to as a wobbler. -This bill would revise these provisions to make all of the misdemeanors -or -instead punishable as wobblers, the -wobblers instead punishable as felonies in county -jail -jail, as specified, -and make all of the felonies punishable in county jail instead punishable in state prison, as specified. -By increasing the punishment for a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 146e, 148, -243, and 243.1 -and 244.5 -of the Penal Code, relating to crimes." -216,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 1.5 (commencing with Section 6033) is added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read: -Article 1.5. Criminal Justice Reinvestment Assessment Grant Program of 2015 -6033. -This article shall be known, and may be cited, as the Criminal Justice Reinvestment Assessment Grant Program of 2015. -6033.2. -The Legislature finds and declares all of the following: -(a) The Legislature is committed to reducing recidivism among criminal offenders, ensuring that local governments have adequate funding to achieve this goal, and facilitating the responsible implementation of the criminal justice policies contained in the 2011 Realignment Legislation addressing public safety. -(b) By enacting the 2011 Realignment Legislation addressing public safety, the Legislature affirmed its commitment to justice reinvestment and stated that the purpose of justice reinvestment is to manage criminal justice populations more cost effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable. -(c) The 2011 Realignment Legislation addressing public safety represents a significant shift of responsibilities. However, the quick and unanticipated nature of the passage of this legislation, in combination with broad county discretion in its implementation, offers a unique opportunity to identify best practices in community corrections and the impacts of correctional decentralization. -(d) The 2011 Realignment Legislation addressing public safety did not require counties to collect data on outcome measures, nor did it provide specific resources for data collection that if adequately funded and properly implemented would allow policymakers, researchers, stakeholders, and counties to take advantage of the historic opportunity to study and evaluate the changing felon population and the strategies and interventions that counties employ to reduce recidivism. -(e) The Bureau of State Audits’ September 2013 High Risk report identified the 2011 realignment of criminal justice responsibilities between the state and counties as a “high-risk” policy, citing a lack of “reliable and meaningful realignment data to ensure [the state’s] ability to effectively monitor progress toward achieving intended realignment goals.” -6033.4. -(a) The Criminal Justice Reinvestment Assessment Grant Program of 2015, which is hereby established, shall be administered by the Board of State and Community Corrections for the purpose of establishing and implementing reporting systems to identify and expand programs that provide proven, evidence-based, local programming opportunities for the successful reintegration of offenders into society. The board shall award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. -(b) For purposes of this article, “board” means the Board of State and Community Corrections. -6033.6. -(a) On or before June 1, 2015, each local community corrections partnership established pursuant to Section 1230 shall report to the board on the county’s capacity to collect and report the data required by Sections 6033.10 and 6033.12. The report shall include a local plan that identifies the additional resources necessary for that county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. -(b) The board shall review each assessment submitted pursuant to subdivision (a) and shall prioritize and award grants pursuant to Section 6033.8. Funding shall be used to supplement, rather than supplant, existing programs. Grant funds shall be used for programs that are identified in the local plan submitted pursuant to subdivision (a). -(c) The board shall submit to the Legislature on or before June 15, 2015, a report detailing the estimated need, cost, and schedule for each county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. The report shall be submitted in compliance with Section 9795 of the Government Code. -6033.8. -(a) The board shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following: -(1) Size of the county. -(2) Demonstrated efforts to report data prior to January 1, 2017. -(3) Demonstrated ability to report data prior to January 1, 2017. -(b) The board shall give preference to counties that have demonstrated efforts to independently collect data on a countywide basis. -6033.10. -(a) On or before January 1, 2016, and annually each year thereafter, each county shall report specified data to the board in a format prescribed by the board. The board shall specify and define minimum required reporting which shall include, but not be limited to, the following for each individual sentenced pursuant to subdivision (h) of Section 1170: -(1) Individual identifiers. -(2) County identifiers. -(3) Date of birth. -(4) Gender. -(5) Race or ethnicity. -(6) Age at first arrest. -(7) Conviction offense. -(8) Sanction or sentence received. -(9) Total jail time served. -(10) Release status. -(11) Violations of probation. -(12) Rearrests. -(13) Reconvictions. -(14) Any other return to custody. -(15) Use of flash incarceration. -(16) Assessed risk level. -(17) Participation in pretrial programs. -(18) Participation in specialty court. -(19) Participation in day reporting release programs. -(20) Participation in electronic monitoring programs. -(21) Participation in community service release programs. -(22) Participation in work release programs. -(23) Participation in intensive probation supervision. -(24) Needs assessment. -(25) Any reentry programming provided. -(26) Participation in cognitive behavioral therapy. -(27) Participation in mental health treatment. -(28) Participation in substance abuse treatment. -(29) Participation in gender-specific programming. -(30) Participation in family programming. -(31) Any health care assistance provided. -(32) Any housing assistance provided. -(33) Any income support provided. -(34) Any employment assistance provided. -(35) Any vocational training assistance provided. -(36) Any educational enrollment assistance provided. -(37) Any mentoring programming provided. -(38) Any peer support programming provided. -(b) The board shall compile the local reports and, by May 15, 2016, and, notwithstanding Section 10231.5 of the Government Code, by May 15 of each year thereafter, make a report to the Governor and the Legislature that summarizes the data reported by the counties pursuant to subdivision (a). The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. -6033.12. -(a) On or before January 1, 2016, and annually each year thereafter, each county shall provide specified data to the board in a format prescribed by the board. The board shall specify and define minimum required reporting which shall include, but not be limited to, the following for each individual supervised pursuant to Section 3451: -(1) Violations of postrelease community supervision. -(2) Rearrests. -(3) Reconvictions. -(4) Any other return to custody. -(5) Use of flash incarceration. -(6) Participation in intensive probation supervision. -(7) Any reentry programming provided. -(8) Participation in cognitive behavioral therapy and whether the individual has completed or failed to complete the therapy’s requirements. -(9) Participation in mental health treatment and whether the individual has completed or failed to complete the treatment’s requirements. -(10) Participation in substance abuse treatment and whether the individual has completed or failed to complete the treatment’s requirements. -(11) Participation in gender-specific programming. -(12) Participation in family programming. -(13) Any health care assistance provided. -(14) Any housing assistance provided. -(15) Any income support provided. -(16) Any employment assistance provided. -(17) Any vocational training assistance provided. -(18) Any educational enrollment assistance provided. -(19) Any mentoring programming provided. -(20) Any peer support programming provided. -(b) The board shall compile the local reports and, by May 15, 2016, and, notwithstanding Section 10231.5 of the Government Code, by May 15 of each year thereafter, make a report to the Governor and the Legislature that summarizes the data reported by the counties pursuant to subdivision (a). The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. -6033.14. -(a) The amount of ____ dollars ($____) is hereby appropriated from the General Fund to the board for the 2015−16 fiscal year for the purpose of implementing this article. -(b) The board may award up to the amount of the appropriation, less the board’s administrative costs, not to exceed 5 percent of the total grant funding awarded statewide, as individual grants not exceeding ____to counties to assist in establishing data reporting systems that will allow a county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to ensure that relevant data pertaining to the 2011 Realignment Legislation addressing public safety are collected and reported as soon as possible to allow stakeholders to measure the effectiveness of this landmark change in public safety policy, it is necessary that this bill go into immediate effect.","Existing law requires the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, as specified. Existing law requires the board, in consultation with certain individuals, including a county supervisor or county administrative officer, a county sheriff, and the Secretary of the Department of Corrections and Rehabilitation, to develop definitions of specified key terms in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based programs. -This bill would enact the Criminal Justice Reinvestment Assessment Grant Program of 2015. The bill would require the grant program to be administered by the Board of State and Community Corrections for the purpose of establishing and implementing reporting systems to identify and expand programs that provide proven, evidence-based, local programming opportunities for the successful reintegration of offenders into society. -The bill would authorize the board to award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report specified criminal justice information. The bill would require each local community corrections partnership, on or before June 1, 2015, to report to the board on the county’s capacity to collect and report the data required. The bill requires the board to review each assessment and to prioritize and award grants to the counties. -The bill would require each county to report specified data to the board, on or before January 1, 2016, and annually thereafter, pertaining to offenders sentenced as felons to serve in local correctional facilities and felons released from prison to community supervision. The bill would require the board to summarize these data and report the summaries to the Governor and the Legislature, on or before May 15, 2016, and annually thereafter. -By imposing data collection and reporting duties on local governments, this bill would impose a state-mandated local program. -The bill would appropriate an undetermined sum to the board for purposes of funding the grants. The bill would state findings and declarations of the Legislature regarding criminal justice realignment. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -The bill would declare that it is to take effect immediately as an urgency statute.","An act to add Article 1.5 (commencing with Section 6033) to Chapter 5 of Title 7 of Part 3 of the Penal Code, relating to corrections, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately." -217,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 13 (commencing with Section 79799) is added to Division 26.7 of the Water Code, to read: -CHAPTER 13. Miscellaneous -79799. -(a) (1) It is the intent of the Legislature to provide additional funding opportunities, in a more consolidated manner, to address watershed-related infrastructure challenges in California’s most disadvantaged communities and promote projects that provide cobenefits that address physical blight and deficiencies. -(2) It is further the intent of the Legislature to fund urban greening projects independent of other programs. -(b) For purposes of this section, the following terms mean the following: -(1) “Disadvantaged community” means a community identified as a disadvantaged community pursuant to Section 39711 of the Health and Safety Code with significant population densities, significant concentrations of industrial facilities, and trade corridor activity. -(2) “Distressed watershed” means a watershed with blighted or contaminated properties located in incorporated or unincorporated areas. -(c) A public agency receiving an appropriation from moneys made available pursuant to subdivision (a) of t>Disadvantaged Community Enhancement -1. -General Provisions and Definitions -75500. -This division shall be known, and may be cited as, the Disadvantaged Community Enhancement Act of 2015. -75501. -It is the intent of the Legislature, in enacting this division, to provide additional funding opportunities to address infrastructure challenges in California’s most disadvantaged communities and promote projects that provide for cobenefits that address physical blight and deficiencies. -75502. -For purposes of this division, the following terms mean the following: -(a)“Active transportation program” means the program established pursuant to Section 2380 of the Streets and Highway Code. -(b)“Council” means the Strategic Growth Council established pursuant to Section 75121. -(c)“Disadvantaged community” means a community identified as a disadvantaged community pursuant to Section 39711 of the Health and Safety Code. -(d)“Eligible applicant” means a city, county, city and county, special district, Native American tribe, state conservancy, or a qualified nonprofit organization. -(e)“Program” means the Disadvantaged Community Enhancement Program established pursuant to Section 75510. -2. -Disadvantaged Community Enhancement Program -75510. -The council shall develop and implement the Disadvantaged Community Enhancement Program to award grants to disadvantaged communities to facilitate projects for community enhancement improvements that provide to disadvantaged communities multiple environmental benefits. -75511. -Eligible community enhancement improvements include, but are not limited to, any of the following: -(a)Land acquisitions in urban settings of blighted or contaminated properties serving little sequestration benefit for greenspace conversion. -(b)Urban greening projects including urban forestry and landscaping. -(c)Park development and land protection for passive or active recreation. -(d)Hardscape conversions and repurposing of lands to serve greenspace benefits. -(e)Nonmotorized trail and other active transportation projects. -(f)Heat island mitigation. -(g)Planning of a sustainable community. -75512. -(a)The council shall award grants to eligible applicants through a competitive process. In prioritizing the award, the council shall consider both of the following: -(1)Factors of the community benefiting from the award, including all of the following: -(A)The poverty rate. -(B)The unemployment rate. -(C)The childhood obesity rate and incidents of asthma. -(D)The availability of greenspace and venues for physical activity. -(E)The lack of nonmotorized infrastructure supporting an active transportation program. -(F)The levels of air pollution. -(G)The drinking water quality. -(H)The groundwater quality, if applicable. -(2)The environmental benefits resulting from the project, including, but not limited to, the following: -(A)Water quality improvement. -(B)Groundwater, storage, recharge, or remediation. -(C)Storm water capture. -(b)The council shall give priority to eligible applicants and projects that are located wholly within distressed watershed areas with significant populations and heavy concentrations of industrial facilities and trade corridor activity. -75513. -(a)To receive a grant for a project pursuant to the program, an eligible applicant shall submit an application, as prescribed by the council, that contains information regarding the factors and environmental benefits described in Section 75512. -(b)In addition to subdivision (a), the applicant shall also include in the application the following information: -(1)A clear articulation on how the grant would be used to address the factors and provide the environmental benefits described in Section 75512. -(2)The leveraging of other sources of funds to facilitate and maximize the benefits from the proposed community enhancement improvements. -75514. -Awards made pursuant to this division shall not supplant other sources of funding designed to benefit disadvantaged communities.","The Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. Proposition 1 makes available $100,000,000 of the bond proceeds, upon appropriation by the Legislature, for projects to protect and enhance an urban creek and its tributaries that meets certain requirements. -This bill would require a public agency receiving an appropriation from the $100,000,000 to give priority to projects that are located in, or directly adjacent to, a disadvantaged community within a distressed watershed and that may also provide greenspace or other venues for physical activities. -Existing law establishes the Strategic Growth Council consisting of specified members and requires the council to, among other things, develop and administer the Affordable Housing and Sustainable Communities Program to reduce greenhouse gas emissions through projects that implement land use, housing, transportation, and agricultural land preservation practices to support infill and compact development and that support other related and coordinated public policy objectives. -This bill would require the council to develop and implement the Disadvantaged Community Enhancement Program to award grants to disadvantaged communities, as defined, to facilitate projects for community enhancement improvements that provide to eligible applicants multiple environmental benefits.","An act to add Division 45 (commencing with Section 75500) to the Public Resources Code, relating to disadvantaged communities. -An act to add Chapter 13 (commencing with Section 79799) to Division 26.7 of the Water Code, relating to water." -218,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 130350.5 of the Public Utilities Code is amended to read: -130350.5. -(a) In addition to any other tax that it is authorized by law to impose, the Los Angeles County Metropolitan Transportation Authority (MTA) may impose, in compliance with subdivision (b), a transactions and use tax at a rate of 0.5 percent that is applicable in the incorporated and unincorporated areas of the county. -(b) For purposes of the taxing authority set forth in subdivision (a), all of the following apply: -(1) The tax shall be proposed in a transactions and use tax ordinance, that conforms with Chapter 2 (commencing with Section 7261) to Chapter 4 (commencing with Section 7275), inclusive, of the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), and that is approved by a majority of the entire membership of the authority. -(2) The tax may be imposed only if the proposing ordinance is approved by two-thirds of the voters, in the manner as otherwise required by law, voting on this measure, in an election held on November 4, 2008, or at a subsequent election and, if so approved, shall become operative as provided in Section 130352. -(3) The proposing ordinance shall specify, in addition to the rate of tax and other matters as required by the Transactions and Use Tax Law, that the net revenues derived from the tax are to be administered by the MTA as provided in this section. Net revenues shall be defined as all revenues derived from the tax less any refunds, costs of administration by the State Board of Equalization, and costs of administration by the MTA. Such costs of administration by the MTA shall not exceed 1.5 percent of the revenues derived from the tax. The MTA shall, during the period in which the ordinance is operative, allocate 20 percent of all net revenues derived from the tax for bus operations to all eligible and included municipal transit operators in the County of Los Angeles and to the MTA, in accordance with Section 99285. However, the allocations to the MTA and eligible and included municipal operators shall be made solely from revenues derived from a tax imposed pursuant to this section, and not from local discretionary sources. Funds allocated by MTA to itself pursuant to this section shall be used for transit operations and shall not supplant funds from any other source allocated by MTA to itself for public transit operations. Funds allocated by MTA to the eligible and included municipal operators pursuant to this section shall be used for transit operations and shall not supplant any funds authorized by other provisions of law and allocated by MTA to the eligible and included municipal operators for public transit. In addition to this amount, the MTA shall allocate 5 percent of all net revenues derived from the tax, for rail operations. The MTA shall include the projects and programs described in subparagraphs (A) and (B) in the expenditure plan required under subdivision (f). The MTA shall include all projects and programs described in the expenditure plan required under subdivision (f) in its Long Range Transportation Plan (LRTP). The priorities for projects and programs described in subparagraphs (A) and (B) and in the expenditure plan required under subdivision (f) shall be those set forth in the expenditure plan. The funding amounts specified in subparagraphs (A) and (B) are minimum amounts that shall be allocated by the MTA from the net revenues derived from a tax imposed pursuant to this section. Nothing in this section prohibits the MTA from allocating additional net revenues derived from the tax to these projects and programs. -(A) Capital Projects. -(i) Exposition Boulevard Light Rail Transit Project from downtown Los Angeles to Santa Monica. The sum of nine hundred twenty-five million dollars ($925,000,000). -(ii) Crenshaw Transit Corridor from Wilshire Boulevard to Los Angeles International Airport along Crenshaw Boulevard. The sum of two hundred thirty-five million five hundred thousand dollars ($235,500,000). -(iii) San Fernando Valley North-South Rapidways. The sum of one hundred million five hundred thousand dollars ($100,500,000). -(iv) Metro Gold Line (Pasadena to Claremont) Light Rail Transit Extension. The sum of seven hundred thirty-five million dollars ($735,000,000). -(v) Metro Regional Connector. The sum of one hundred sixty million dollars ($160,000,000). -(vi) Metro Westside Subway Extension. The sum of nine hundred million dollars ($900,000,000). -(vii) State Highway Route 5 Carmenita Road Interchange Improvement. The sum of one hundred thirty-eight million dollars ($138,000,000). -(viii) State Highway Route 5 Capacity Enhancement (State Highway Route 134 to State Highway Route 170, including access improvement for Empire Avenue). The sum of two hundred seventy-one million five hundred thousand dollars ($271,500,000). -(ix) State Highway Route 5 Capacity Enhancement (State Highway Route 605 to the Orange County line, including improvements to the Valley View Interchange). The sum of two hundred sixty-four million eight hundred thousand dollars ($264,800,000). -(x) State Highway Route 5/State Highway Route 14 Capacity Enhancement. The sum of ninety million eight hundred thousand dollars ($90,800,000). -(xi) Capital Project Contingency Fund. The sum of one hundred seventy-three million dollars ($173,000,000). -(B) Capital Programs. -(i) Alameda Corridor East Grade Separations. The sum of two hundred million dollars ($200,000,000). -(ii) MTA and Municipal Regional Clean Fuel Bus Capital (Facilities and Rolling Stock). The sum of one hundred fifty million dollars ($150,000,000). -(iii) Countywide Soundwall Construction (MTA Regional List and Monterey Park/State Highway Route 60). The sum of two hundred fifty million dollars ($250,000,000). -(iv) Local return for major street resurfacing, rehabilitation, and reconstruction. The sum of two hundred fifty million dollars ($250,000,000). -(v) Metrolink Capital Improvements. The sum of seventy million dollars ($70,000,000). -(vi) Eastside Light Rail Access. The sum of thirty million dollars ($30,000,000). -(c) The MTA may incur bonded indebtedness payable from the proceeds of the tax provided by this section pursuant to the bond issuance provisions of Chapter 5 (commencing with Section 130500) and any successor act. The MTA shall include in the expenditure plan, required under subdivision (f), the amount of net revenue specified for all projects and programs in subparagraphs (A) and (B) of paragraph (3) of subdivision (b) as a condition of the use and expenditure of the proceeds of the tax. The MTA shall maintain the current amount of any funding for the projects and programs specified in this section that has been previously programmed or received from sources other than the proceeds of the tax, and may not reallocate money that has been previously programmed or received for those projects and programs to other projects or uses. -(d) Notwithstanding Section 7251.1 of the Revenue and Taxation Code, the tax rate authorized by this section shall not be considered for purposes of the combined rate limit established by that section. -(e) A jurisdiction or recipient is eligible to receive funds from the local return program, described in clause (iv) of subparagraph (B) of paragraph (3) of subdivision (b), only if it continues to contribute to that program an amount that is equal to its existing commitment of local funds or other available funds. The MTA may develop guidelines that, at a minimum, specify maintenance of effort requirements for the local return program, matching funds, and administrative requirements for the recipients of revenue derived from the tax. -(f) Prior to submitting the ordinance to the voters, the MTA shall adopt an expenditure plan for the net revenues derived from the tax. The expenditure plan shall include, in addition to other projects and programs identified by the MTA, the specified projects and programs listed in paragraph (3) of subdivision (b), the estimated total cost for each project and program, funds other than the tax revenues that the MTA anticipates will be expended on the projects and programs, and the schedule during which the MTA anticipates funds will be available for each project and program. The MTA shall also identify in its expenditure plan the expected completion dates for each project described in subparagraph (A) of paragraph (3) of subdivision (b). To be eligible to receive revenues derived from the tax, an agency sponsoring a capital project or capital program shall submit to the MTA an expenditure plan for its project or program containing the same elements as the expenditure plan that MTA is required by this subdivision to prepare. -(g) The MTA shall establish and administer a sales tax revenue fund. The net revenue derived from the tax, after payment of any debt services and related obligations, shall be credited to this fund. The moneys in the fund shall be available to the MTA to meet expenditure and cashflow needs of the projects and programs described in the expenditure plan required under subdivision (f). In the event that there are net revenues in excess of the amount necessary to provide the amount of net revenues specified in the expenditure plan for the projects and programs described therein, the MTA may expend the excess net revenues on projects and programs in the expenditure plan or the LRTP. In the event that projects and programs in the expenditure plan are completed without the expenditure of the amount of net revenues specified, the MTA shall expend the excess net revenues on projects and programs in the expenditure plan or the LRTP within the same subregion as the project or program that is completed. For the purposes of this section, “subregion” shall be defined in the LRTP. -(h) If other funds become available and are allocated to provide all or a portion of the amount of net revenues specified in the expenditure plan for the projects or programs described therein, the MTA may expend the surplus net revenues on other projects and programs in the expenditure plan or the LRTP. -(i) (1) Notwithstanding subdivision (h), if a capital project or capital program described in clauses (i) to (x), inclusive, of subparagraph (A) of paragraph (3) of subdivision (b) and clauses (i) and (vi) of subparagraph (B) of paragraph (3) of subdivision (b), has been fully funded from other sources on or before December 31, 2008, the funds designated to the project or program in clauses (i) to (x), inclusive, of subparagraph (A) of paragraph (3) of subdivision (b) and clauses (i) and (vi) of subparagraph (B) of paragraph (3) of subdivision (b) shall remain in the subregion in which the project or program is located and shall be allocated to other projects or programs in the subregion prior to the expiration of the tax. -(2) A capital project or capital program funded with reallocated funds pursuant to paragraph (1) shall be included in the adopted 2008 Long Range Transportation Plan or the successor plan and shall be of regional significance as determined by the MTA. For purposes of this subdivision, “subregions” means the subregions as defined in the LRTP in effect as of January 1, 2008. -(j) Notwithstanding Section 130354, revenues raised under this section may be used to facilitate the transportation of people and goods within Los Angeles County. The use of the revenues shall not be limited to public transit purposes. -(k) No later than 365 days prior to the adoption of an amendment described in paragraph (1) to an expenditure plan adopted pursuant to subdivision (f), including, but not limited to, the expenditure plan adopted by the MTA board as “Attachment A” in Ordinance #08-01 adopted by the board on July 24, 2008, and in addition to any other notice requirements in the proposing ordinance, the board shall notify the Members of the Legislature representing the County of Los Angeles of all of the following: -(1) A description of the proposed amendments to the adopted expenditure plan that would do any of the following: -(A) Affect the amount of net revenues derived from the tax imposed pursuant to this act that is proposed to be expended on a capital project or projects identified in the adopted expenditure plan. -(B) Delay the schedule for the availability of funds proposed to be expended on a capital project or projects identified in the adopted expenditure plan. -(C) Delay the schedule for the estimated or expected completion date of a capital project or projects identified in the adopted expenditure plan. -(2) The reason for the proposed amendment. -(3) The estimated impact the proposed amendment will have on the schedule, cost, scope, or timely availability of funding for the capital project or projects contained in the adopted expenditure plan. -(l) The notification required pursuant to subdivision (k) shall be achieved by resolution adopted by the MTA board. -(m) The MTA board shall provide prior written notice to the Members of the Legislature representing the County of Los Angeles of any proposed amendments to the adopted expenditure plan that would accelerate funding for a capital project or projects in the adopted expenditure plan. -SEC. 2. -Section 130350.6 of the Public Utilities Code is repealed. -SEC. 3. -Section 130350.7 is added to the Public Utilities Code, to read: -130350.7. -(a) The Los Angeles County Metropolitan Transportation Authority (MTA), in addition to any other tax it is authorized to impose or has imposed, may impose a transactions and use tax, for a period to be determined by the MTA, that is applicable in the incorporated and unincorporated areas of Los Angeles County. The rate of tax authorized by this section, when combined with the rate of tax authorized by voter approval of Measure R pursuant to Section 130350.5 during any period when that tax is in effect, and upon the expiration of that tax, shall not exceed 1 percent. -(b) The ordinance imposing the tax shall contain all of the following: -(1) An expenditure plan that lists the transportation projects and programs to be funded from net revenues from the tax. The expenditure plan shall appear in the ordinance as an exhibit. The expenditure plan shall include all of the following: -(A) The most recent cost estimates for each project and program identified in the expenditure plan. -(B) The identification of the accelerated cost, if applicable, for each project and program in the expenditure plan. -(C) The approximate schedule during which the MTA anticipates funds will be available for each project and program. -(D) The expected completion dates for each project and program within a three-year range. -(2) Provisions conforming to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), except as otherwise provided in subdivision (f). -(3) A provision limiting the MTA’s costs of administering the ordinance and the net revenues from the tax to 1.5 percent of the total tax revenues. -(4) A requirement that the net revenues from the tax, defined to mean the total tax revenues less any refunds, costs of administration by the State Board of Equalization, and the MTA’s administration costs, shall be used by the MTA to fund transportation projects and programs identified in the expenditure plan. -(5) The rate of the tax. -(c) The MTA shall do all of the following: -(1) Develop a transparent process to determine the most recent costs estimates for each project and program identified in the expenditure plan. -(2) At least 30 days before submitting the ordinance described in subdivision (b) to the voters, post the expenditure plan on its Internet Web site in a prominent manner. -(d) The ordinance shall be adopted by the MTA board, which shall also adopt a resolution that submits the ordinance to the voters. -(e) The ordinance shall become operative pursuant to Section 130352 if approved by two-thirds of the voters voting on the measure, pursuant to subdivision (d) of Section 2 of Article XIII C of the California Constitution. -(f) (1) If the voters approve the ordinance authorized by this section, the expenditure plan included as an exhibit to the ordinance pursuant to paragraph (1) of subdivision (b) shall also be included in the revised and updated Long Range Transportation Plan within one year of the date the ordinance takes effect. The revised and updated Long Range Transportation Plan shall also include capital projects and capital programs that are adopted by each subregion that are submitted to the MTA for inclusion in the revised and updated Long Range Transportation Plan, if the cost and schedule details are provided by the subregions, in a manner consistent with the requirements of the plan. Inclusion of a capital project or a capital program in the Long Range Transportation Plan is not a commitment or guarantee that the project or program shall receive any future funding. -(2) For purposes of this subdivision, “subregion” shall have the same meaning as defined in the Long Range Transportation Plan. -(g) The MTA may incur bonded indebtedness payable from the net revenues of the tax pursuant to the bond issuance provisions of Chapter 5 (commencing with Section 130500) and any successor act. -(h) The tax authorized by this section shall be imposed pursuant to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), notwithstanding the combined rate limitation in Section 7251.1 of the Revenue and Taxation Code.","Existing law authorizes the Los Angeles County Metropolitan Transportation Authority (MTA) to impose, in addition to any other tax that it is authorized to impose, a transactions and use tax at a rate of 0.5% for the funding of specified transportation-related projects and programs, subject to various requirements, including the adoption of an expenditure plan and voter approval. Existing law authorizes the MTA to seek voter approval to extend the transactions and use tax pursuant to an amended ordinance, subject to various requirements, including adoption of an amended expenditure plan that, among other things, updates certain cost estimates and identifies expected completion dates for projects and programs under the previous expenditure plan, and also requires the amended expenditure plan to be included in an updated long range transportation plan, as specified. -This bill would delete the above-referenced provisions relative to extension of the transactions and use tax and an amended ordinance and expenditure plan, The bill would instead authorize the MTA to impose an additional transportation transactions and use tax at a maximum rate of 0.5% as long as a specified existing 0.5% transactions and use tax is in effect, and at a maximum rate of 1% thereafter, as specified, for a period of time determined by the MTA, if certain conditions exist and subject to various requirements, including the adoption of an expenditure plan and voter approval, as specified. -The Transactions and Use Tax Law limits to 2% the combined rate of all transactions and use taxes imposed in any county, with certain exceptions. -This bill would exempt the transactions and use tax authorized by the bill from this limitation.","An act to amend Section 130350.5 of, to add Section 130350.7 to, and to repeal Section 130350.6 of, the Public Utilities Code, relating to transportation." -219,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2699 of the Labor Code is amended to read: -2699. -(a) Notwithstanding any other -provision of -law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and other current or former employees pursuant to the procedures specified in Section 2699.3. -(b) For purposes of this part, “person” has the same meaning as defined in Section 18. -(c) For purposes of this part, “aggrieved employee” means any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. -(d) For purposes of this part, “cure” means that the employer abates each violation alleged by any aggrieved employee, the employer is in compliance with the underlying statutes as specified in the notice required by this part, and any aggrieved employee is made whole. -(e) (1) For purposes of this part, whenever the Labor and Workforce Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, has discretion to assess a civil penalty, a court is authorized to exercise the same discretion, subject to the same limitations and conditions, to assess a civil penalty. -(2) In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), a court may award a lesser amount than the maximum civil penalty amount specified by this part if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory. -(f) For all provisions of this code except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation of these provisions, as follows: -(1) If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is five hundred dollars ($500). -(2) If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per pay period for the initial violation and two hundred dollars ($200) for each aggrieved employee per pay period for each subsequent violation. -(3) If the alleged violation is a failure to act by the Labor and Workplace Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, there shall be no civil penalty. -(g) (1) Except as provided in paragraph (2), an aggrieved employee may recover the civil penalty described in subdivision (f) in a civil action pursuant to the procedures specified in Section 2699.3 filed on behalf of himself or herself and other current or former employees against whom one or more of the alleged violations was committed. Any employee who prevails in any action shall be entitled to an award of reasonable attorney’s fees and costs. Nothing in this part shall operate to limit an employee’s right to pursue or recover other remedies available under state or federal law, either separately or concurrently with an action taken under this part. -(2) No action shall be brought under this part for any violation of a posting, notice, agency reporting, or filing requirement of this code, except where the filing or reporting requirement involves mandatory payroll or workplace injury reporting. -(h) No action may be brought under this section by an aggrieved employee if the agency or any of its departments, divisions, commissions, boards, agencies, or employees, on the same facts and theories, cites a person within the timeframes set forth in Section 2699.3 for a violation of the same section or sections of the Labor Code under which the aggrieved employee is attempting to recover a civil penalty on behalf of himself or herself or others or initiates a proceeding pursuant to Section 98.3. -(i) Except as provided in subdivision (j), civil penalties recovered by aggrieved employees shall be distributed as follows: 75 percent to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes; and 25 percent to the aggrieved employees. -(j) Civil penalties recovered under paragraph (1) of subdivision (f) shall be distributed to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes. -(k) Nothing contained in this part is intended to alter or otherwise affect the exclusive remedy provided by the workers’ compensation provisions of this code for liability against an employer for the compensation for any injury to or death of an employee arising out of and in the course of employment. -(l) The superior court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part. -(m) This section shall not apply to the recovery of administrative and civil penalties in connection with the workers’ compensation law as contained in Division 1 (commencing with Section 50) and Division 4 (commencing with Section 3200), including, but not limited to, Sections 129.5 and 132a. -(n) The agency or any of its departments, divisions, commissions, boards, or agencies may promulgate regulations to implement the provisions of this part.","The Labor Code Private Attorneys General Act of 2004 provides that a civil penalty for a violation of the Labor Code may be recovered through a civil action brought by an aggrieved employee, as specified. -This bill would make a technical, nonsubstantive change to that provision.","An act to amend Section 2699 of the Labor Code, relating to employment." -220,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1947.8 of the Civil Code is amended to read: -1947.8. -(a) If an ordinance or charter controls or establishes a system of controls on the price at which residential rental units may be offered for rent or lease and requires the registration of rents, the ordinance or charter, or any regulation adopted pursuant thereto, shall provide for the establishment and certification of permissible rent levels for the registered rental units, and any changes thereafter to those rent levels, by the local agency as provided in this section. -(b) If the ordinance, charter, or regulation is in effect on January 1, 1987, the ordinance, charter, or regulation shall provide for the establishment and certification of permissible rent levels on or before January 1, 1988, including completion of all appeals and administrative proceedings connected therewith. After July 1, 1990, no local agency may maintain any action to recover excess rent against any property owner who has registered the unit with the local agency within the time limits set forth in this section if the initial certification of permissible rent levels affecting that particular property has not been completed, unless the delay is willfully and intentionally caused by the property owner or is a result of court proceedings or further administrative proceedings ordered by a court. If the ordinance, charter, or regulation is adopted on or after January 1, 1987, the ordinance, charter, or regulation shall provide for the establishment and certification of permissible rent levels within one year after it is adopted, including completion of all appeals and administrative proceedings connected therewith. Upon the request of the landlord or the tenant, the local agency shall provide the landlord and the tenant with a certificate or other documentation reflecting the permissible rent levels of the rental unit. A landlord may request a certificate of permissible rent levels for rental units which have a base rent established, but which are vacant and not exempt from registration under this section. The landlord or the tenant may appeal the determination of the permissible rent levels reflected in the certificate. The permissible rent levels reflected in the certificate or other documentation shall, in the absence of intentional misrepresentation or fraud, be binding and conclusive upon the local agency unless the determination of the permissible rent levels is being appealed. -(c) After the establishment and certification of permissible rent levels under subdivision (b), the local agency shall, upon the request of the landlord or the tenant, provide the landlord and the tenant with a certificate of the permissible rent levels of the rental unit. The certificate shall be issued within five business days from the date of request by the landlord or the tenant. The permissible rent levels reflected in the certificate shall, in the absence of intentional misrepresentation or fraud, be binding and conclusive upon the local agency unless the determination of the permissible rent levels is being appealed. The landlord or the tenant may appeal the determination of the permissible rent levels reflected in the certificate. Any appeal of a determination of permissible rent levels as reflected in the certificate, other than an appeal made pursuant to subdivision (b), shall be filed with the local agency within 15 days from issuance of the certificate. The local agency shall notify, in writing, the landlord and the tenant of its decision within 60 days following the filing of the appeal. -(d) The local agency may charge the person to whom a certificate is issued a fee in the amount necessary to cover the reasonable costs incurred by the local agency in issuing the certificate. -(e) The absence of a certification of permissible rent levels shall not impair, restrict, abridge, or otherwise interfere with either of the following: -(1) A judicial or administrative hearing. -(2) Any matter in connection with a conveyance of an interest in property. -(f) The record of permissible rent levels is a public record for purposes of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). -(g) Any notice specifying the rents applicable to residential rental units which is given by an owner to a public entity or tenant in order to comply with Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code shall not be considered a registration of rents for purposes of this section. -(h) “Local agency,” as used in this section, means the public entity responsible for the implementation of the ordinance, charter, or regulation. -(i) Nothing in this section shall be construed: -(1) To grant to any public entity any power which it does not possess independent of this section to control or establish a system of control on the price at which accommodations may be offered for rent or lease, or to diminish any such power which that public entity may possess, except as specifically provided in this section. -(2) On and after January 1, 2016, to apply to tenancies commencing on or after January 1, 1999, for which the owner of residential property may establish the initial rent under Chapter 2.7 (commencing with Section 1954.50). However, for a tenancy that commenced on or after January 1, 1999, if a property owner has provided the local agency with the tenancy’s initial rent in compliance with that agency’s registration requirements in a writing signed under penalty of perjury, there shall be a rebuttable presumption that the statement of the initial rent is correct. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law regulates the terms and conditions of residential tenancies. Existing law, the Costa-Hawkins Rental Housing Act, prescribes statewide limits on the application of local rent control with regard to certain properties, including those that have a certificate of occupancy issued after February 1, 1995. Existing law requires a local ordinance or charter controlling residential rent prices that requires registration of rents to provide for the certification of permissible rent levels and prescribes a process in this regard, including a requirement that, upon the request, a local agency provide a landlord and a tenant with a certificate reflecting the permissible rent levels of the rental unit. Existing law provides that the permissible rent levels reflected in the certificate are, in the absence of intentional misrepresentation or fraud, binding and conclusive upon the local agency unless the determination of the permissible rent levels is appealed. -This bill would specify that the certification provisions described above, on and after January 1, 2016, do not apply to tenancies for which the owner of residential property may establish the initial rent under the Costa-Hawkins Rental Housing Act, as specified. The bill would except from this exclusion a tenancy for which the property owner provides the local rent control agency with a writing, signed under penalty of perjury, of the tenancy’s initial rent that complies with the agency’s requirements, which would create a rebuttable presumption that the statement of the initial rent is correct. By expanding the crime of perjury, this bill would impose a state-mandated local program. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1947.8 of the Civil Code, relating to tenancy." -221,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature to ensure that there is a process that management and supervisors in a state health care facility are required to follow to avoid on-the-spot mandatory overtime of any psychiatric technician (PT) or psychiatric technician assistant (PTA) whose regularly scheduled work shift is complete, and to prevent circumstances where an employee is stopped at the gate of, for example, a Department of Corrections and Rehabilitation and California Correctional Health Care Services facility, and is instructed to return to work at the end of the employee’s regularly scheduled work shift. It is the intent of the Legislature to prohibit a state facility that employs PTs or PTAs from using mandatory overtime as a scheduling tool, or as an excuse for fulfilling an operational need that results from a management failure to properly staff those state facilities. -SEC. 2. -Section 19851.4 is added to the Government Code, to read: -19851.4. -(a) As used in this section: -(1) “Emergency situation” means any of the following: -(A) An unforeseeable declared national, state, or municipal emergency. -(B) A highly unusual or extraordinary event that is unpredictable or unavoidable and that substantially affects providing needed health care services or increases the need for health care services, which includes any of the following: -(i) An act of terrorism. -(ii) A natural disaster. -(iii) A widespread disease outbreak. -(iv) An emergency declared by a warden, superintendent, or executive director, or a severe emergency that necessitates the assistance of an outside agency. -(2) “Facility” means any facility that provides clinically related health services that is operated by the Division of Correctional Health Care Services of the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation, the State Department of State Hospitals, or the State Department of Developmental Services in which a PT or PTA works as an employee of the state. -(3) “Management or supervisor” means any person or group of persons acting directly or indirectly on behalf of, or in the interest of, the facility, whose duties and responsibilities include facilitating staffing needs. -(4) “On call or on standby” means alternative staff who are not currently working on the premises of the facility and who satisfy either of the following criteria: -(A) Are compensated for their availability. -(B) Have agreed to be available to come to the facility on short notice, if the need arises. -(5) “PT” or “PTA” means all classifications of psychiatric technician or psychiatric technician assistant. -(b) A facility shall not require a PT or PTA to work in excess of a regularly scheduled workweek or work shift. A PT or PTA may volunteer or agree to work hours in addition to his or her regularly scheduled workweek or work shift but the refusal by a PT or PTA to accept those additional hours shall not constitute either of the following: -(1) Grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the PT or PTA. -(2) Patient abandonment or neglect. -(c) In order to avoid the use of mandatory overtime as a scheduling tool, management and supervisors shall consider employees to fulfill the additional staffing needs of a facility in the following priority order: -(1) First priority shall be given to employees who volunteer or agree to work hours in addition to their regularly scheduled workweek or work shift. -(2) Second priority shall be given to individuals who are part-time or intermittent employees. -(3) Third priority shall be given to employees who are on call or on standby. -(d) This section shall not apply in any of the following situations: -(1) To a PT or PTA participating in a surgical procedure in which the nurse is actively engaged and whose continued presence through the completion of the procedure is needed to ensure the health and safety of the patient. -(2) If a catastrophic event occurs in a facility and both of the following factors apply: -(A) The catastrophic event results in such a large number of patients in need of immediate medical treatment for which the facility is incapable of providing sufficient PTs or PTAs to attend to the patients without resorting to mandatory overtime. -(B) The catastrophic event is an unanticipated and nonrecurring event. -(3) If an emergency situation occurs. -(e) This section shall not be construed to affect the Psychiatric Technicians Law (Chapter 10 (commencing with Section 4500) of Division 2 of the Business and Professions Code) or a PT or PTA’s duty under the standards of competent performance. -(f) This section shall not be construed to preclude a facility from hiring part-time or intermittent employees. -(g) This section shall not prevent a facility from providing employees with more protections against mandatory overtime than the minimum protections established pursuant to this section.","The State Civil Service Act generally requires the workweek of state employees to be 40 hours, and the workday of state employees to be 8 hours. Under the act, it is the policy of the state to avoid the necessity for overtime work whenever possible. -The Psychiatric Technicians Law provides for the licensure and regulation of psychiatric technicians (PTs) by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. -This bill would prohibit a PT or psychiatric technician assistant (PTA) employed by the State of California in a specified type of facility from being compelled to work in excess of the regularly scheduled workweek or work shift, except under certain circumstances. The bill would authorize a PT or PTA to volunteer or agree to work hours in addition to his or her regularly scheduled workweek or work shift, but the refusal to accept those additional hours would not constitute patient abandonment or neglect or be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the PT or PTA. The bill would require management and supervisors to consider employees in a specified order of priority in order to fulfill the additional staffing needs of a facility.","An act to add Section 19851.4 to the Government Code, relating to state employees." -222,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10123.147 of the Insurance Code is amended to read: -10123.147. -(a) -Every -(1) -An -insurer -issuing -that issues a -group or individual -policies -policy -of health insurance that covers hospital, medical, or surgical expenses, including those telehealth services covered by the insurer as defined in subdivision (a) of Section 2290.5 of the Business and Professions Code, shall reimburse each complete claim, or portion -thereof, -of a claim, -whether in state or out of state, as soon as practical, but no later than 30 working days after receipt of the complete claim by the insurer. -However, -(2) However, -an insurer may contest or deny a claim, or portion -thereof, -of the claim, -by notifying the claimant, in writing, that the claim is contested or denied, within 30 working days after receipt of the complete claim by the insurer. The notice that a claim, or portion -thereof, -of a claim, -is contested shall identify the portion of the claim that is contested, by revenue code, and the specific information needed from the provider to reconsider the claim. The notice that a claim, or portion -thereof, -of a claim, -is denied shall identify the portion of the claim that is denied, by revenue code, and the specific reasons for the denial, including the factual and legal basis known at that time by the insurer for each reason. If the reason is based solely on facts or solely on law, the insurer -is required to -shall -provide only the factual or legal basis for its reason to deny the claim. -The -(3) -The -insurer shall provide a copy of the notice required by this subdivision to each insured who received services pursuant to the claim that was contested or denied and to the insured’s health care provider that provided the services at issue. The notice required by this subdivision shall include a statement advising the provider who submitted the claim on behalf of the insured or pursuant to a contract for alternative rates of payment and the insured that either may seek review by the department of a claim that was contested or denied by the insurer and the address, Internet Web site address, and telephone number of the unit within the department that performs this review function. The notice to the provider may be included on either the explanation of benefits or remittance advice and shall also contain a statement advising the provider of its right to enter into the dispute resolution process described in Section 10123.137. -An -(4) -An -insurer may delay payment of an uncontested portion of a complete claim for reconsideration of a contested portion of that claim so long as the insurer pays those charges specified in subdivision (b). -(b) If a complete claim, or portion -thereof, -of the claim, -that is neither contested nor denied, is not reimbursed by delivery to the claimant’s address of record within the 30 working days after receipt, the insurer shall pay the greater of -fifteen -twenty-five -dollars -($15) -($25) -per year or interest at the rate of 10 percent per annum beginning with the first calendar day after the 30-working day period. An insurer shall automatically include the -fifteen -twenty-five -dollars -($15) -($25) -per year or interest due in the payment made to the claimant, without requiring a -request therefor. -request. -(c) -(1) -For the purposes of this section, a claim, or portion -thereof, -of the claim, -is reasonably contested if the insurer has not received the completed claim. A paper claim from an institutional provider shall be deemed complete upon submission of a legible emergency department report and a completed UB 92 or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the insurer within 30 working days of receipt of the claim. An electronic claim from an institutional provider shall be deemed complete upon submission of an electronic equivalent to the UB 92 or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the insurer within 30 working days of receipt of the claim. -However, -(2) However, -if the insurer requests a copy of the emergency department report within the 30 working days after receipt of the electronic claim from the institutional provider, the insurer may also request additional reasonable relevant information within 30 working days of receipt of the emergency department report, at which time the claim shall be deemed complete. A claim from a professional provider shall be deemed complete upon submission of a completed HCFA 1500 or its electronic equivalent or other format adopted by the National Uniform Billing Committee, and reasonable relevant information requested by the insurer within 30 working days of receipt of the claim. The provider shall provide the insurer reasonable relevant information within 15 working days of receipt of a written request that is clear and specific regarding the information sought. -If, -(3) -If, -as a result of reviewing the reasonable relevant information, the insurer requires further information, the insurer shall have an additional 15 working days after receipt of the reasonable relevant information to request the further information, notwithstanding any time limit to the contrary in this section, at which time the claim shall be deemed complete. -(d) This section -shall -does -not apply to -claims -a claim -about which there is evidence of fraud and misrepresentation, to eligibility determinations, or in instances -where -that -the plan has not been granted reasonable access to information under the provider’s control. An insurer shall specify, in a written notice to the provider within 30 working days of receipt of the claim, -which, -the exceptions, -if any, of these -exceptions applies -that apply -to a claim. -(e) If a claim or portion -thereof -of a claim -is contested on the basis that the insurer has not received information reasonably necessary to determine payer liability for the claim or portion -thereof, -of the claim, -then the insurer shall have 30 working days after receipt of this additional information to complete reconsideration of the claim. If a claim, or portion -thereof, -of a claim, -undergoing reconsideration is not reimbursed by delivery to the claimant’s address of record within the 30 working days after receipt of the additional information, the insurer shall pay the greater of -fifteen -twenty-five -dollars -($15) -($25) -per year or interest at the rate of 10 percent per annum beginning with the first calendar day after the 30-working day period. An insurer shall automatically include the -fifteen -twenty-five -dollars -($15) -($25) -per year or interest due in the payment made to the claimant, without requiring a -request therefor. -request. -(f) An insurer shall not delay payment on a claim from a physician -and surgeon -or other -health care -provider to await the submission of a claim from a hospital or other provider, without citing specific rationale as to why the delay was necessary and providing a monthly update regarding the status of the claim and the insurer’s actions to resolve the claim, to the provider that submitted the claim. -(g) An insurer shall not request or require that a provider waive its rights pursuant to this section. -(h) This section -shall apply -applies -only to claims for services rendered to a patient who was provided emergency services and care as defined in Section 1317.1 of the Health and Safety Code in the United States on or after September 1, 1999. -(i) This section -shall not be construed to -does not -affect the rights or obligations of -any -a -person pursuant to Section 10123.13. -(j) This section -shall not be construed to -does not -affect a written agreement, if any, of a provider to submit bills within a specified time period.","Exiting law requires insurers issuing group or individual policies of health insurance that covers hospital, medical, or surgical expenses to reimburse each complete claim, as specified, as soon as practical but no later than 30 working days after receipt of the complete claim. Within 30 working days after receipt of the claim, an insurer can contest or deny a claim, as specified. An insurer is required to pay the greater of $15 per year or interest, as specified, on a claim that is not contested or denied and that has not been delivered to the claimant within 30 working days after receipt. Existing law also authorizes the insurer to request reasonable additional information about the claim, and requires the service provider making the claim to submit the relevant information requested to the insurer within 15 working days. Existing law allows the insurer 30 working days after receipt of the additional information to reconsider the claim, and requires the insurer to pay the greater of $15 per year, or interest, as specified, on a claim that is undergoing reconsideration and that has not been delivered to the claimant within 30 working days after receipt of the additional information. Under existing law these requirements are not applicable to claims to which specified exceptions apply, and the insurer is required to give written notice to the provider if any of those exceptions apply within 30 working days of receipt of the claim. -This bill would require an insurer, under those circumstances, to instead pay to the claimant the greater of $25 per year or the interest, as specified.","An act to amend Section 10123.147 of the Insurance Code, relating to insurance." -223,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1367.003 of the Health and Safety Code is amended to read: -1367.003. -(a) Every health care service plan that issues, sells, renews, or offers health care service plan contracts for health care coverage in this state, including a grandfathered health plan, but not including specialized health care service plan contracts, shall provide an annual rebate to each enrollee under -such -that -coverage, on a pro rata basis, if the ratio of the amount of premium revenue expended by the health care service plan on the costs for reimbursement for clinical services provided to enrollees under -such -that -coverage and for activities that improve health care quality to the total amount of premium revenue, excluding federal and state taxes and licensing or regulatory fees and after accounting for payments or receipts for risk adjustment, risk corridors, and reinsurance, is less than the following: -(1) With respect to a health care service plan offering coverage in the large group market, 85 percent. -(2) With respect to a health care service plan offering coverage in the small group market or -in -the individual market, 80 percent. -(b) Every health care service plan that issues, sells, renews, or offers health care service plan contracts for health care coverage in this state, including a grandfathered health plan, shall comply with the following minimum medical loss ratios: -(1) With respect to a health care service plan offering coverage in the large group market, 85 percent. -(2) With respect to a health care service plan offering coverage in the small group market or -in -the individual market, 80 percent. -(c) (1) The total amount of an annual rebate required under this section shall be calculated in an amount equal to the product of the following: -(A) The amount by which the percentage described in paragraph (1) or (2) of subdivision (a) exceeds the ratio described in paragraph (1) or (2) of subdivision (a). -(B) The total amount of premium revenue, excluding federal and state taxes and licensing or regulatory fees and after accounting for payments or receipts for risk adjustment, risk corridors, and reinsurance. -(2) A health care service plan shall provide any rebate owing to an enrollee no later than August 1 of the calendar year following the year for which the ratio described in subdivision (a) was calculated. -(d) (1) The director may adopt regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) that are necessary to implement the medical loss ratio as described under Section 2718 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-18), and any federal rules or regulations issued under that section. -(2) The director may also adopt emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) when it is necessary to implement the applicable provisions of this section and to address specific conflicts between state and federal law that prevent implementation of federal law and guidance pursuant to Section 2718 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-18). The initial adoption of the emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. -(e) The department shall consult with the Department of Insurance in adopting necessary regulations, and in taking any other action for the purpose of implementing this section. -(f) This section shall be implemented to the extent required by federal law and shall comply with, and not exceed, the scope of Section 2791 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-91) and the requirements of Section 2718 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-18) and any rules or regulations issued under those sections. -(g) -Nothing in this -This -section shall -not -be construed to apply to provisions of this chapter pertaining to financial statements, assets, liabilities, and other accounting items to which subdivision (s) of Section 1345 applies. -(h) -Nothing in this -This -section shall -not -be construed to apply to a health care service plan contract or insurance policy issued, sold, renewed, or offered for health care services or coverage provided in the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code), the Healthy Families Program (Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code), the Access for Infants and Mothers Program (Part 6.3 (commencing with Section 12695) of Division 2 of the Insurance Code), the California Major Risk Medical Insurance Program (Part 6.5 (commencing with Section 12700) of Division 2 of the Insurance Code), or the Federal Temporary High Risk Insurance Pool (Part 6.6 (commencing with Section 12739.5) of Division 2 of the Insurance Code), to the extent consistent with the federal Patient Protection and Affordable Care Act (Public Law 111-148).","Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. -The federal Patient Protection and Affordable Care Act requires a health insurance issuer issuing health insurance coverage to comply with minimum medical loss ratios, and to provide an annual rebate to each insured if the medical loss ratio of the amount of the revenue expended by the issuer on costs to the total amount of premium revenue is less than a certain percentage, as specified. Existing law requires health care service plans to comply with those requirements. -This bill would make technical, nonsubstantive changes to the latter provision.","An act to amend Section 1367.003 of the Health and Safety Code, relating to health care coverage." -224,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19000 of the Probate Code is amended to read: -19000. -As used in this part: -(a) “Claim” means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated: -(1) Liability of the deceased settlor, whether arising in contract, tort, or otherwise. -(2) Liability for taxes incurred before the deceased settlor’s death, whether assessed before or after the deceased settlor’s death, other than property taxes and assessments secured by real property liens. -(3) Liability for the funeral expenses of the deceased settlor. -(b) “Claim” does not include a dispute regarding title to specific property alleged to be included in the trust estate. -(c) “Creditor” means a person who may have a claim against the trust property. -(d) “Trust” means a trust described in Section 18200, or, if a portion of a trust, that portion that remained subject to the power of revocation at the deceased settlor’s death. -(e) “Deceased settlor” means a deceased person who, at the time of his or her death, held the power to revoke the trust in whole or in part. -(f) “Debts” means all claims, as defined in subdivision (a), all expenses of administration, and all other proper charges against the trust estate, including taxes. -(g) “Probate estate” means a decedent’s estate subject to administration pursuant to Division 7 (commencing with Section 7000). -(h) “Trust estate” means a decedent’s property, real and personal, that is titled in the name of the trustee of the deceased settlor’s trust or confirmed by order of the court to the trustee of the deceased settlor’s trust. -SEC. 2. -Section 19001 of the Probate Code is amended to read: -19001. -(a) Upon the death of a settlor, the property of the deceased settlor that was subject to the power of revocation at the time of the settlor’s death is subject to the claims of creditors of the deceased settlor’s probate estate and to the expenses of administration of the probate estate to the extent that the deceased settlor’s probate estate is inadequate to satisfy those claims and expenses. -(b) The deceased settlor, by appropriate direction in the trust instrument, may direct the priority of sources of payment of debts among subtrusts or other gifts established by the trust at the deceased settlor’s death. Notwithstanding this subdivision, no direction by the settlor shall alter the priority of payment, from whatever source, of the matters set forth in Section 11420 which shall be applied to the trust as it applies to a probate estate. -SEC. 3. -Section 19003 of the Probate Code is amended to read: -19003. -(a) At any time following the death of the settlor, and during the time that there has been no filing of a petition to administer the probate estate of the deceased settlor in this state of which the trustee has actual knowledge, the trustee may file with the court a proposed notice to creditors. Upon the court’s assignment of a proceeding number to the proposed notice, the trustee shall publish and serve notice to creditors of the deceased settlor in the form and within the time prescribed in Chapters 3 (commencing with Section 19040) and 4 (commencing with Section 19050). That action shall constitute notice to creditors of the requirements of this part. -(b) The filing shall be made with the superior court for the county in this state where the deceased settlor resided at the time of death, or if none, in any county in this state in which trust property was located at the time of the settlor’s death, or if none, in the county in this state that was the principal place of administration of the trust at the time of the settlor’s death. -(c) Nothing in subdivision (a) affects a notice or request to a public entity required by Chapter 7 (commencing with Section 19200). -SEC. 4. -Section 19006 of the Probate Code is amended to read: -19006. -(a) If a trustee of a trust established by the deceased settlor files, publishes, and serves notice as provided in Section 19003 the protection from creditors afforded that trustee and trust shall also be afforded to any other trusts established by the deceased settlor and the trustees and beneficiaries of those trusts. -(b) If the personal representative of the deceased settlor’s probate estate has published notice under Section 8120 and given notice of administration of the probate estate of the deceased settlor under Chapter 2 (commencing with Section 9050) of Part 4 of Division 7, the protection from creditors afforded the personal representative of the deceased settlor’s probate estate shall be afforded to the trustee and to the beneficiaries of the trust. -(c) In the event that, following the filing and publication of the notice set forth in Section 19003, there shall be commenced any proceeding under which a notice pursuant to Section 8120 is required to be published, then the trustee shall have a right of collection against that probate estate to recover the amount of any debts paid from trust assets that would otherwise have been satisfied (whether by law or by direction in the deceased settlor’s will or trust) by the property subject to probate proceedings. -SEC. 5. -Section 19008 of the Probate Code is amended to read: -19008. -If there is no proceeding to administer the probate estate of the deceased settlor, and if the trustee does not file a proposed notice to creditors pursuant to Section 19003 and does not publish notice to creditors pursuant to Chapter 3 (commencing with Section 19040), then the liability of the trust to any creditor of the deceased settlor shall be as otherwise provided by law. -SEC. 6. -Section 19024 of the Probate Code is amended to read: -19024. -At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing, together with a copy of the petition, to be mailed to each of the following persons who is not a petitioner: -(a) All trustees of the trust and of any other trusts to which an allocation of liability may be approved by the court pursuant to the petition. -(b) All beneficiaries affected. -(c) The personal representative of the deceased settlor’s probate estate, if any is known to the trustee. -(d) The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice. -SEC. 7. -Section 19025 of the Probate Code is amended to read: -19025. -(a) If any creditor, beneficiary, or trustee fails timely to file a written pleading upon notice, then the case is at issue, notwithstanding the failure. The case may proceed on the petition and written statements filed by the time of the hearing, and no further pleadings by other persons are necessary. The creditor, beneficiary, or trustee who failed timely to file a written pleading upon notice may not participate further in the proceeding for the determination requested, and that creditor, beneficiary, or trustee shall be bound by the decision in the proceeding. -(b) The court’s order, when final, shall be conclusive as to the liability of the trust property with respect to the claims at issue in the petition. In the event of a subsequent administration of the probate estate of the deceased settlor, that order shall be binding on the personal representative of the probate estate of the deceased settlor as well as all creditors and beneficiaries who had notice of the petition. -SEC. 8. -Section 19320 of the Probate Code is amended to read: -19320. -If it appears that a debt of the deceased settlor has been paid or is payable in whole or in part from property in the deceased settlor’s trust, then the trustee, the surviving spouse, the personal representative, if any, of a deceased settlor’s probate estate, or a beneficiary may petition for an order to allocate the debt. -SEC. 9. -Section 19323 of the Probate Code is amended to read: -19323. -(a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the petition to be served on the surviving spouse in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. -(b) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of hearing, together with a copy of the petition, to be mailed to each of the following persons who are not petitioners: -(1) All trustees of the trust and of any trusts to which an allocation of liability may be approved by the court pursuant to the petition. -(2) All beneficiaries affected. -(3) The personal representative of the deceased settlor’s probate estate, if any is known to the trustee. -(4) The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice. -SEC. 10. -Section 19400 of the Probate Code is amended to read: -19400. -Subject to Section 366.2 of the Code of Civil Procedure, if there is no proceeding to administer the probate estate of the deceased settlor, and if the trustee does not file a proposed notice to creditors pursuant to Section 19003 and does not publish notice to creditors pursuant to Chapter 3 (commencing with Section 19040), then a beneficiary of the trust to whom payment, delivery, or transfer of the deceased settlor’s property is made pursuant to the terms of the trust is personally liable, to the extent provided in Section 19402, for the unsecured claims of the creditors of the deceased settlor’s probate estate.","Existing law permits property to be titled in a trust, and provides that, upon the death of a settlor of a trust, the property of the deceased settlor that was subject to the power of revocation at the time of the settlor’s death is subject to the claims of creditors of the deceased settlor’s estate. Existing law defines specified terms for the purposes of these provisions. -This bill would define the terms “probate estate” and “trust estate” for the purposes of these provisions and clarify that certain uses of the term “estate” in existing law refer to a probate estate.","An act to amend Sections 19000, 19001, 19003, 19006, 19008, 19024, 19025, 19320, 19323, and 19400 of the Probate Code, relating to trusts." -225,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 84908.5 is added to the Education Code, to read: -84908.5. -Notwithstanding Sections 84907 and 84908: -(a) Upon request of a joint powers authority consisting of community college districts, school districts, or county offices of education, or a combination of these, the chancellor and Superintendent shall certify the amount of state funds expended by the joint powers authority for adult career technical education in the 2012–13 fiscal year pursuant to paragraph (7) of subdivision (a) of Section 42238.03. -(b) If the amount certified pursuant to subdivision (a) equals or exceeds 40 percent of the joint powers authority’s total state funding received in the 2012–13 fiscal year, the joint powers authority shall be deemed to have expended state funds for adult education for the purposes of this article. -(c) The chancellor and Superintendent shall apportion funds from Item 6870-201-0001 of the Budget Act of 2015 directly to the joint powers authority equal to the amount certified pursuant to subdivision (a). As a condition of receipt of an apportionment, the joint powers authority is required to be a member of a consortium. -SECTION 1. -Section 84907 of the -Education Code -is amended to read: -84907. -No later than July 31, 2015, the chancellor and the Superintendent, with the advice of the executive director, shall certify, for each school district, county office of education, or joint powers authority consisting of one or more community college districts, school districts, or county offices of education, or a combination of these, the amount of state funds required to be expended for adult education pursuant to paragraph (7) of subdivision (a) of Section 42238.03, and paragraph (3) of subdivision (k) of Section 2575, respectively. -SEC. 2. -Section 84908 of the -Education Code -is amended to read: -84908. -(a)If the total amount certified for all school districts, county offices of education, and joint powers authorities pursuant to Section 84907 is less than three hundred seventy-five million dollars ($375,000,000), the chancellor and the Superintendent shall do both of the following: -(1)Apportion funds appropriated for the program in the Budget Act of 2015, no later than August 30, 2015, to each school district, county office of education, or joint powers authority in an amount equal to the amount certified for that school district, county office of education, or joint powers authority, pursuant to Section 84907. As a condition of receipt of an apportionment, a school district, county office of education, or joint powers authority is required to be a member of a consortium. -(2)(A)(i)With the concurrence of the executive director, approve a schedule of allocations to each consortium, no later than October 30, 2015, of any funds appropriated for the program in the Budget Act of 2015 that remain after funds have been apportioned pursuant to paragraph (1). -(ii)The chancellor and the Superintendent shall determine the amount to be allocated to each consortium pursuant to this paragraph based on that adult education region’s share of the statewide need for adult education. -(B)Using the schedule approved pursuant to subparagraph (A), the chancellor and the Superintendent shall do one of the following for each consortium: -(i)Apportion funds to a fund administrator designated by the members of a consortium beginning no more than 30 days after approval of the schedule pursuant to subparagraph (A). -(ii)Apportion funds to members of a consortium beginning no more than 30 days after receipt of a final distribution schedule from that consortium. -(b)If the total amount certified for all school districts, county offices of education, and joint powers authorities pursuant to Section 84907 equals or exceeds three hundred seventy-five million dollars ($375,000,000), the chancellor and the Superintendent shall do both of the following: -(1)Apportion funds appropriated for the program in the Budget Act of 2015, no later than August 30, 2015, to each school district, county office of education, or joint powers authority in an amount equal to the amount certified for that school district, county office of education, or joint powers authority pursuant to Section 84907 multiplied by three hundred seventy-five million dollars ($375,000,000), divided by the total amount certified for all school districts, county offices of education, and joint powers authorities pursuant to Section 84907. -(2)(A)(i)With the concurrence of the executive director, approve a schedule of allocations to each consortium, no later than October 30, 2015, of any funds appropriated for this program in the Budget Act of 2015 that remain after funds have been apportioned pursuant to paragraph (1). -(ii)The chancellor and the Superintendent shall determine the amount to be allocated to each consortium pursuant to this paragraph based on that adult education region’s share of the statewide need for adult education. -(B)Using the schedule approved pursuant to subparagraph (A), the chancellor and the Superintendent shall do one of the following for each consortium: -(i)Apportion funds to a fund administrator designated by the members of a consortium beginning no more than 30 days after approval of the schedule pursuant to subparagraph (A). -(ii)Apportion funds to members of a consortium beginning no more than 30 days after receipt of a final distribution schedule from that consortium. -(c)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 3. -Section 84908.5 is added to the -Education Code -, to read: -84908.5. -The chancellor and the Superintendent may certify, as required in Section 84907, and apportion, as required in Section 84908, funds after the dates enumerated in those sections for a joint powers authority consisting of one or more community college districts, school districts, county offices of education, or a combination of these. -SEC. 4. -SEC. 2. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to enable any joint powers authority participating in an adult education consortium to comply with the current year statutory deadlines that must be met for purposes of establishing the joint powers authority’s maintenance of effort level, it is necessary that this act take effect immediately.","Existing law establishes the Adult Education Block Grant Program under the administration of the Chancellor of the California Community Colleges and the Superintendent of Public Instruction. The program requires the chancellor and the Superintendent, with the advice of the Executive Director of the State Board of Education, to divide the state into adult education regions and approve one adult education consortium in each adult education region, as specified. The program also requires the chancellor and the Superintendent, with the advice of the executive director, to certify, no later than July 31, 2015, the amount of state funds required to be expended for adult education by a school district and county office of education, as specified. The program further requires the chancellor and the Superintendent to apportion funds appropriated for the program in the Budget Act of 2015 to each school district and county office of education by August 30, 2015, in accordance with a specified formula and, by October 30, 2015, to allocate the funds that remain after the apportionment to each consortium, as specified. -This bill would also -provide that -require -the chancellor and the -Superintendent, with the advice of the executive director, (1) certify -Superintendent to certify, upon the request of a joint powers authority consisting of community college districts, school districts, or county offices of education, or a combination of these, -the amount of state funds -required to be -expended for adult -career technical -education by -that -joint powers -authorities consisting of one or more community colleges, school districts, or county offices of education, or a combination of these, (2) apportion an amount to each of these joint powers authorities in accordance with the same formula, and (3) allocate to each consortium the funds that remain after this apportionment, as specified. In regard to these joint powers authorities, the deadlines in existing law would not apply. -authority in the 2012–13 fiscal year and to apportion an amount equal to the amount certified directly to that joint powers authority. As a condition of receipt of this apportionment, the bill would require the joint powers authority to be a member of an adult education consortium. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to -amend Sections 84907 and 84908 of, and to add Section 84908.5 to, -add Section 84908.5 to -the Education Code, relating to adult education, and declaring the urgency thereof, to take effect immediately." -226,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 3.1 (commencing with Section 7287.20) is added to Part 1.7 of Division 2 of the Revenue and Taxation Code, to read: -CHAPTER 3.1. Excise Water Tax -7287.20. -(a) A local public entity that supplies water at retail or wholesale for the benefit of persons within the service area or area of jurisdiction of that public entity may impose, by ordinance, an excise tax on an excessive user of water, at a rate not to exceed 300 percent of the purchase price of the water, if both of the following conditions are met: -(1) The ordinance proposing that tax is approved by two-thirds of the electors voting on the measure pursuant to Article XIII C of the California Constitution. -(2) The revenue from the tax is equally distributed between the public entity and the State Water Resources Control Board for local water conservation efforts within the jurisdiction of that public entity. The local water conservation efforts may have cobenefits with other regions in the state. -(b) A tax imposed pursuant to this section may be in addition to any other tax authorized by this division. -SECTION 1. -Section 16072 of the -Vehicle Code -is amended to read: -16072. -(a)The suspension of the driving privilege of a person as provided in Section 16070 shall not be terminated until one year has elapsed from the date of actual commencement of the suspension and until the person files proof of financial responsibility as provided in Chapter 3 (commencing with Section 16430), except that the suspension shall be reinstated if the person fails to maintain proof of financial responsibility for three years. However, in lieu of suspending a person’s driving privilege pursuant to this section, the department, upon application, if the person files and thereafter maintains proof of financial responsibility as provided in this section and pays a penalty fee to the department of two hundred fifty dollars ($250), may restrict the person’s driving privilege to any of the following situations: -(1)Necessary travel to and from that person’s place of employment. -(2)Driving that is required in the person’s course of employment, when driving a motor vehicle is necessary in order to perform the duties of the person’s primary employment. -(3)Necessary travel to transport a minor dependent in that person’s immediate family to and from an institute of primary or secondary instruction, if the chief administrative officer or principal of the educational institution certifies in writing to the department that the minor dependent is enrolled in the educational institution and no form of public transportation or schoolbus is available between the applicant’s place of residence and the educational institution. -The restriction shall remain in effect for the period of suspension required by this section, so long as proof of financial responsibility is maintained. -(b)If a suspension has been imposed under Section 16070 and one year has elapsed from the date the suspension actually commenced, that suspension shall be terminated if the driving privilege is suspended under Section 16370 or 16381 as the result of a judgment arising out of the accident for which proof of financial responsibility was required to be established. The department may reimpose the suspension of the driving privilege of a person under Section 16070 if the suspension under Section 16370 or 16381 is later set aside for a reason other than that the person has satisfied the judgment in full or to the extent provided in Chapter 2 (commencing with Section 16250) and has given proof of ability to respond in damages as provided in Chapter 3 (commencing with Section 16430). -(c)Notwithstanding Chapter 2 (commencing with Section 42200) of Division 18, all revenues derived from the penalty fees provided in subdivision (a) shall, after deduction by the department of the costs incurred by the department in administering this section, be deposited in the Financial Responsibility Penalty Account in the General Fund. The balance in this fund on each July 1, which is not subject to appropriation as provided in Section 12980 of the Insurance Code, shall revert to the General Fund. -(d)(1)Subdivision (a) does not apply to a commercial driver’s license holder. -(2)A commercial driver’s licenseholder whose driving privilege is otherwise suspended under this chapter is not entitled to a restricted license, unless that person surrenders his or her commercial driver’s license and is issued a noncommercial class C or M driver’s license. -(e)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 2. -Section 16072 is added to the -Vehicle Code -, to read: -16072. -(a)The suspension of the driving privilege of a person as provided in Section 16070 shall not be terminated until one year has elapsed from the date of actual commencement of the suspension and until the person files proof of financial responsibility as provided in Chapter 3 (commencing with Section 16430), except that the suspension shall be reinstated if the person fails to maintain proof of financial responsibility for three years. However, in lieu of suspending a person’s driving privilege pursuant to this section, the department, upon application, if the person files and thereafter maintains proof of financial responsibility as provided in this section and pays a penalty fee to the department of two hundred fifty dollars ($250), may restrict the person’s driving privilege to any of the following situations: -(1)Necessary travel to and from that person’s place of employment. -(2)Driving that is required in the person’s course of employment, when driving a motor vehicle is necessary in order to perform the duties of the person’s primary employment. -(3)Driving himself or herself to or from school. For purposes of this paragraph, “school” means a California community college campus, a California State University campus, a University of California campus, or a private postsecondary educational institution. -(4)Necessary travel to transport a minor dependent in that person’s immediate family to and from an institute of primary or secondary educational instruction, if the chief administrative officer or principal of the educational institution certifies in writing to the department that the minor dependent is enrolled in the educational institution and no form of public transportation or schoolbus is available between the applicant’s place of residence and the educational institution. -(b)The restriction shall remain in effect for the period of suspension required by this section, so long as proof of financial responsibility is maintained. -(c)If a suspension has been imposed under Section 16070 and one year has elapsed from the date the suspension actually commenced, that suspension shall be terminated if the driving privilege is suspended under Section 16370 or 16381 as the result of a judgment arising out of the accident for which proof of financial responsibility was required to be established. The department may reimpose the suspension of the driving privilege of a person under Section 16070 if the suspension under Section 16370 or 16381 is later set aside for a reason other than that the person has satisfied the judgment in full or to the extent provided in Chapter 2 (commencing with Section 16250) and has given proof of ability to respond in damages as provided in Chapter 3 (commencing with Section 16430). -(d)Notwithstanding Chapter 2 (commencing with Section 42200) of Division 18, all revenues derived from the penalty fees provided in subdivision (a) shall, after deduction by the department of the costs incurred by the department in administering this section, be deposited in the Financial Responsibility Penalty Account in the General Fund. The balance in this fund on each July 1, which is not subject to appropriation as provided in Section 12980 of the Insurance Code, shall revert to the General Fund. -(e)(1)Subdivision (a) does not apply to a commercial driver’s license holder. -(2)A commercial driver’s licenseholder whose driving privilege is otherwise suspended under this chapter is not entitled to a restricted license, unless that person surrenders his or her commercial driver’s license and is issued a noncommercial class C or M driver’s license. -(f)This section shall become operative on July 1, 2016.","The California Constitution prohibits the Legislature from imposing taxes for local purposes, but allows the Legislature to authorize local governments to impose them. -This bill would authorize a local public entity that supplies water at retail or wholesale for the benefit of persons within the service area or area of jurisdiction of that public entity to impose, by ordinance, an excise tax on an excessive user of water, at a rate not to exceed 300% of the purchase price of the water, if the ordinance proposing the tax is approved by -2/3 -of the electors voting on the measure and the revenue from the tax is equally distributed between the public entity and the State Water Resources Control Board for water conservation efforts within the jurisdiction of the public entity. -Existing law requires the Department of Motor Vehicles to suspend the driving privilege of a person who is involved in an accident and fails to provide evidence of financial responsibility, as specified, at the time of the accident. Under existing law, the suspension period is one year, as specified, except that the suspension must be reinstated if the person fails to maintain proof of financial responsibility for 3 years. However, upon application and if certain criteria are met, the department may restrict the person’s driving privilege, in lieu of suspending it pursuant to this provision, in specified situations. -This bill would, commencing July 1, 2016, also authorize the department to restrict a person’s driving privilege, in lieu of suspending it, in order to allow the person to drive to school. For purposes of this authorization, the bill would define “school” to mean a California community college campus, a California State University campus, a University of California campus, or a private postsecondary educational institution.","An act to amend, repeal, and add Section 16072 of the Vehicle Code, relating to driver’s licenses. -An act to add Chapter 3.1 (commencing with Section 7287.20) to Part 1.7 of Division 2 of the Revenue and Taxation Code, relating to water -." -227,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2833 of the Public Utilities Code is amended to read: -2833. -(a) The commission shall require a green tariff shared renewables program to be administered by a participating utility in accordance with this section. -(b) Generating facilities participating in a participating utility’s green tariff shared renewables program shall be eligible renewable energy resources with a nameplate rated generating capacity not exceeding 20 megawatts, except for those generating facilities reserved for location in areas identified by the California Environmental Protection Agency as the most impacted and disadvantaged communities pursuant to paragraph (1) of subdivision (d), which shall not exceed one megawatt nameplate rated generating capacity. -(c) A participating utility shall use commission-approved tools and mechanisms to procure additional eligible renewable energy resources for the green tariff shared renewables program from electrical generation facilities that are in addition to those required by the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1). For purposes of this subdivision, “commission-approved tools and mechanisms” means those procurement methods approved by the commission for an electrical corporation to procure eligible renewable energy resources for purposes of meeting the procurement requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1). -(d) A participating utility shall permit customers within the service territory of the utility to purchase electricity pursuant to the tariff approved by the commission to implement the utility’s green tariff shared renewables program, until the utility meets its proportionate share of a statewide limitation of 600 megawatts of customer participation, measured by nameplate rated generating capacity. The proportionate share shall be calculated based on the ratio of each participating utility’s retail sales to total retail sales of electricity by all participating utilities. The commission may place other restrictions on purchases under a green tariff shared renewables program, including restricting participation to a certain level of capacity each year. The following restrictions shall apply to the statewide 600 megawatt limitation: -(1) (A) One hundred megawatts shall be reserved for facilities that are no larger than one megawatt nameplate rated generating capacity and that are located in areas previously identified by the California Environmental Protection Agency as the most impacted and disadvantaged communities. These communities shall be identified by census tract, and shall be determined to be the most impacted 20 percent based on results from the best available cumulative impact screening methodology designed to identify each of the following: -(i) Areas disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects, exposure, or environmental degradation. -(ii) Areas with socioeconomic vulnerability. -(B) (1) For purposes of this paragraph, “previously identified” means identified prior to commencing construction of the facility. -(2) Not less than 100 megawatts shall be reserved for participation by residential class customers. -(3) Twenty megawatts shall be reserved for the City of Davis. -(e) To the extent possible, a participating utility shall seek to procure eligible renewable energy resources that are located in reasonable proximity to enrolled participants. -(f) A participating utility’s green tariff shared renewables program shall support diverse procurement and the goals of commission General Order 156. -(g) A participating utility’s green tariff shared renewables program shall not allow a customer to subscribe to more than 100 percent of the customer’s electricity demand. -(h) Except as authorized by this subdivision, a participating utility’s green tariff shared renewables program shall not allow a customer to subscribe to more than two megawatts of nameplate generating capacity. This limitation does not apply to a federal, state, or local government, school or school district, county office of education, the California Community Colleges, the California State University, or the University of California. -(i) A participating utility’s green tariff shared renewables program shall not allow any single entity or its affiliates or subsidiaries to subscribe to more than 20 percent of any single calendar year’s total cumulative rated generating capacity. -(j) To the extent possible, a participating utility shall actively market the utility’s green tariff shared renewables program to low-income and minority communities and customers. -(k) Participating customers shall receive bill credits for the generation of a participating eligible renewable energy resource using the class average retail generation cost as established in the participating utility’s approved tariff for the class to which the participating customer belongs, plus a renewables adjustment value representing the difference between the time-of-delivery profile of the eligible renewable energy resource used to serve the participating customer and the class average time-of-delivery profile and the resource adequacy value, if any, of the resource contained in the utility’s green tariff shared renewables program. The renewables adjustment value applicable to a time-of-delivery profile of an eligible renewable energy resource shall be determined according to rules adopted by the commission. For these purposes, “time-of-delivery profile” refers to the daily generating pattern of a participating eligible renewable energy resource over time, the value of which is determined by comparing the generating pattern of that participating eligible renewable energy resource to the demand for electricity over time and other generating resources available to serve that demand. -(l) Participating customers shall pay a renewable generation rate established by the commission, the administrative costs of the participating utility, and any other charges the commission determines are just and reasonable to fully cover the cost of procuring a green tariff shared renewables program’s resources to serve a participating customer’s needs. -(m) A participating customer’s rates shall be debited or credited with any other commission-approved costs or values applicable to the eligible renewable energy resources contained in a participating utility’s green tariff shared renewables program’s portfolio. These additional costs or values shall be applied to new customers when they initially subscribe after the cost or value has been approved by the commission. -(n) Participating customers shall pay all otherwise applicable charges without modification. -(o) A participating utility shall permit a participating customer to subscribe to the program and be provided with a nonbinding estimate of reasonably anticipated bill credits and bill charges, as determined by the commission, for a period of up to 20 years. -(p) A participating utility shall provide support for enhanced community renewables programs to facilitate development of eligible renewable energy resource projects located close to the source of demand. -(q) The commission shall ensure that charges and credits associated with a participating utility’s green tariff shared renewables program are set in a manner that ensures nonparticipant ratepayer indifference for the remaining bundled service, direct access, and community choice aggregation customers and ensures that no costs are shifted from participating customers to nonparticipating ratepayers. -(r) A participating utility shall track and account for all revenues and costs to ensure that the utility recovers the actual costs of the utility’s green tariff shared renewables program and that all costs and revenues are fully transparent and auditable. -(s) Any renewable energy credits associated with electricity procured by a participating utility for the utility’s green tariff shared renewables program and utilized by a participating customer shall be retired by the participating utility on behalf of the participating customer. Those renewable energy credits shall not be further sold, transferred, or otherwise monetized for any purpose. Any renewable energy credits associated with electricity procured by a participating utility for the shared renewable energy self-generation program, but not utilized by a participating customer, shall be counted toward meeting that participating utility’s renewables portfolio standard. -(t) A participating utility shall, in the event of participant customer attrition or other causes that reduce customer participation or electrical demand below generation levels, apply the excess generation from the eligible renewable energy resources procured through the utility’s green tariff shared renewables program to the utility’s renewable portfolio standard procurement obligations or bank the excess generation for future use to benefit all customers in accordance with the renewables portfolio standard banking and procurement rules approved by the commission. -(u) In calculating its procurement requirements to meet the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1), a participating utility may exclude from total retail sales the kilowatthours generated by an eligible renewable energy resource that is credited to a participating customer pursuant to the utility’s green tariff shared renewables program, commencing with the point in time at which the generating facility achieves commercial operation. -(v) All renewable energy resources procured on behalf of participating customers in the participating utility’s green tariff shared renewables program shall comply with the State Air Resources Board’s Voluntary Renewable Electricity Program. California-eligible greenhouse gas allowances associated with these purchases shall be retired on behalf of participating customers as part of the board’s Voluntary Renewable Electricity Program. -(w) A participating utility shall provide a municipality with aggregated consumption data for participating customers within the municipality’s jurisdiction to allow for reporting on progress toward climate action goals by the municipality. A participating utility shall also publicly disclose, on a geographic basis, consumption data and reductions in emissions of greenhouse gases achieved by participating customers in the utility’s green tariff shared renewables program, on an aggregated basis consistent with privacy protections as specified in Chapter 5 (commencing with Section 8380) of Division 4.1. -(x) Nothing in this section prohibits or restricts a community choice aggregator from offering its own voluntary renewable energy programs to participating customers of the community choice aggregation. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. The Green Tariff Shared Renewables Program requires a participating utility, defined as being an electrical corporation with 100,000 or more customers in California, to file with the commission an application requesting approval of a tariff to implement a program enabling ratepayers to participate in electrical generation facilities that use eligible renewable energy resources, consistent with certain legislative findings and statements of intent. Existing law requires the commission, by July 1, 2014, to issue a decision concerning the participating utility’s application, determining whether to approve or disapprove the application, with or without modifications. Existing law requires the commission, after notice and opportunity for public comment, to approve the application if the commission determines that the proposed program is reasonable and consistent with the legislative findings and statements of intent and requires the commission to require that a participating utility’s green tariff shared renewables program be administered in accordance with specified provisions. Existing law repeals the program on January 1, 2019. -This bill would require the commission to additionally require that a participating utility’s green tariff shared renewables program permit a participating customer to subscribe to the program and be provided with a nonbinding estimate of reasonably anticipated bill credits and bill charges, as determined by the commission, for a period of up to 20 years. -Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. -Because the bill would require action by the commission to implement its requirements and a violation of those requirements would be a crime, the bill would impose a state-mandated local program by expanding the definition of a crime. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 2833 of the Public Utilities Code, relating to electricity." -228,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1031 of the Government Code is amended to read: -1031. -Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards: -(a) Be a citizen of the United States or a permanent resident alien who is eligible for and has applied for citizenship, except as provided in Section 2267 of the Vehicle Code. -(b) Be at least 18 years of age. -(c) Be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record. -(d) Be of good moral character, as determined by a thorough background investigation. -(e) Be a high school graduate, pass the General Education Development Test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, pass the California High School Proficiency Examination, or have attained a two-year, four-year, or advanced degree from an accredited college or university. The high school shall be either a United States public school, an accredited United States Department of Defense high school, or an accredited or approved public or nonpublic high school. Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using local or state government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA). -(f) Be found to be free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer. -(1) Physical condition shall be evaluated by a licensed physician and surgeon. -(2) Emotional and mental condition shall be evaluated by either of the following: -(A) A physician and surgeon who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program. -(B) A psychologist licensed by the California Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued postdoctorate. -The physician and surgeon or psychologist shall also have met any applicable education and training procedures set forth by the California Commission on Peace Officer Standards and Training designed for the conduct of preemployment psychological screening of peace officers. -(g) This section shall not be construed to preclude the adoption of additional or higher standards, including age. -SEC. 2. -Section 384a of the Penal Code is amended to read: -384a. -(a) (1) A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon state or county highway rights-of-way. -(2) A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon public land or upon land that is not his or hers without a written permit from the owner of the land, signed by the owner of the land or the owner’s authorized agent, as provided in subdivision (c). -(3) A person shall not knowingly sell, offer or expose for sale, or transport for sale plant material that is cut or removed in violation of this subdivision. -(b) For purposes of this section, “plant material” means a tree, shrub, fern, herb, bulb, cactus, flower, huckleberry, or redwood green, or a portion of any of those, or the leaf mold on those plants. “Plant material” does not include a tree, shrub, fern, herb, bulb, cactus, flower, or greens declared by law to be a public nuisance. -(c) (1) The written permit required by paragraph (2) of subdivision (a) shall be signed by the landowner, or the landowner’s authorized agent, and acknowledged before a notary public, or other person authorized by law to take acknowledgments. The permit shall contain the number and species of trees and amount of plant material, and shall contain the legal description of the real property as usually found in deeds and conveyances of the land on which cutting or removal shall take place. One copy of the permit shall be filed in the office of the sheriff of the county in which the land described in the permit is located. The permit shall be filed prior to the commencement of cutting or removal of plant material authorized by the permit. -(2) The permit required by this section need not be notarized or filed with the sheriff when five or less pounds of shrubs or boughs are to be cut or removed. -(d) A county or state fire warden; personnel of the Department of Forestry and Fire Protection, as designated by the Director of Forestry and Fire Protection; personnel of the United States Forest Service, as designated by the Regional Forester, Region 5, of the United States Forest Service; or a peace officer of the State of California, may enforce the provisions of this section and may confiscate any and all plant material unlawfully cut or removed or knowingly sold, offered, or exposed or transported for sale as provided in this section. -(e) This section does not apply to any of the following: -(1) An employee of the state or of a political subdivision of the state who is engaged in work upon a state, county, or public road or highway while performing work under the supervision of the state or a political subdivision of the state. -(2) A person engaged in the necessary cutting or trimming of plant material for the purpose of protecting or maintaining an electric powerline, telephone line, or other property of a public utility. -(3) A person engaged in logging operations or fire suppression. -(f) A violation of this section shall be a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment. -SEC. 3. -Section 849 of the Penal Code is amended to read: -849. -(a) When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before the magistrate. -(b) A peace officer may release from custody, instead of taking the person before a magistrate, a person arrested without a warrant in the following circumstances: -(1) The officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested. -(2) The person arrested was arrested for intoxication only, and no further proceedings are desirable. -(3) The person was arrested only for being under the influence of a controlled substance or drug and the person is delivered to a facility or hospital for treatment and no further proceedings are desirable. -(4) The person was arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate. -(c) The record of arrest of a person released pursuant to paragraphs (1) and (3) of subdivision (b) shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only. -SEC. 4. -Section 4131.5 of the Penal Code is amended and renumbered to read: -243.15. -Every person confined in, sentenced to, or serving a sentence in, a city or county jail, industrial farm, or industrial road camp in this state, who commits a battery upon the person of any individual who is not himself or herself a person confined or sentenced therein, is guilty of a public offense and is subject to punishment by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail for not more than one year. -SEC. 5. -Section 4504 of the Penal Code is amended to read: -4504. -For purposes of this chapter: -(a) A person is deemed confined in a “state prison” if he or she is confined in any of the prisons and institutions specified in Section 5003 by order made pursuant to law, including, but not limited to, commitments to the Department of Corrections and Rehabilitation or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, regardless of the purpose of the confinement and regardless of the validity of the order directing the confinement, until a judgment of a competent court setting aside the order becomes final. -(b) A person is deemed “confined in” a prison although, at the time of the offense, he or she is temporarily outside its walls or bounds for the purpose of serving on a work detail, for the purpose of confinement in a local correctional institution pending trial, or for any other purpose for which a prisoner may be allowed temporarily outside the walls or bounds of the prison. A prisoner who has been released on parole is not deemed “confined in” a prison for purposes of this chapter. -SEC. 6. -Section 5008 of the Public Resources Code is amended to read: -5008. -(a) The department shall protect the state park system and the state vehicular recreation area and trail system from damage and preserve the peace therein. -(b) The director may designate any officer or employee of the department as a peace officer. The primary duties of the peace officer shall be the enforcement of this division, Sections 4442 and 4442.5, the rules and regulations of the department, Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, the rules and regulations of the Division of Boating and Waterways within the department, Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code, and Division 16.5 (commencing with Section 38000) of the Vehicle Code and to arrest persons for the commission of public offenses within the property under its jurisdiction. The authority and powers of the peace officer shall be limited to those conferred by law upon peace officers listed in Section 830.2 of the Penal Code. -(c) The department shall protect property included in the California recreational trail system and the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980 from damage and preserve the peace therein. The primary duties of any officer or employee designated a peace officer under this section shall include enforcement of the rules and regulations established by the department and the arrest of persons for the commission of public offenses within the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980. -(d) Any person who violates the rules and regulations established by the department is guilty of either a misdemeanor, punishable by imprisonment in the county jail not exceeding 90 days, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, or an infraction punishable by a fine of not more than one thousand dollars ($1,000). -SEC. 7. -Section 1403 of the Welfare and Institutions Code is repealed.","(1) Existing law, when a person is arrested without a warrant, requires the person, if not otherwise released and without unnecessary delay, to be taken before the nearest or most accessible magistrate in the county in which the offense is triable, unless certain exemptions apply, including that the person was arrested for intoxication only and no further proceedings are desirable. -This bill would exempt a person from the requirement of, without unnecessary delay, being taken before the nearest or most accessible magistrate in the county in which the offense is triable if the person is arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate. -(2) Existing law requires the Department of Parks and Recreation to protect the state park system and the state vehicular recreation area and trail system from damage and to preserve the peace therein. Existing law provides that a person who violates the rules and regulations established by the department is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment, as specified, except that at the time a particular action is commenced, the judge may, considering the recommendation of the prosecuting attorney, reduce the charged offense from a misdemeanor to an infraction. Existing law also requires that a person who is convicted of the offense after that reduction be punished by a fine of not less than $10 nor more than $1,000. -This bill would instead make a person who violates those rules and regulations guilty of either a misdemeanor, punishable as provided under existing law, or an infraction, punishable by a fine of not more than $1,000. The bill would delete the mandatory minimum fine. -(3) Existing law, the Interstate Compact for Juveniles, adopted by this state and effective until January 1, 2016, establishes an interstate commission of the compacting states to, among other things, oversee, supervise, and coordinate the interstate movement of juveniles. -This bill would delete the repeal date of these provisions, and would thereby extend the operation of the provisions indefinitely. -(4) This bill would make other technical, nonsubstantive changes.","An act to amend Section 1031 of the Government Code, to amend Sections 384a, 849, and 4504 of, and to amend and renumber Section 4131.5 of, the Penal Code, to amend Section 5008 of the Public Resources Code, and to repeal Section 1403 of the Welfare and Institutions Code, relating to public safety." -229,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 16430 of the Government Code is amended to read: -16430. -Eligible securities for the investment of surplus moneys shall be any of the following: -(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. -(b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States. -(c) Bonds, notes, and warrants of this state, or those for which the faith and credit of this state are pledged for the payment of principal and interest. -(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the state, municipal utility district, or school district of this state. -(e) Any of the following: -(1) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended (12 U.S.C. Sec. 2001 et seq.). -(2) Debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended (12 U.S.C. Sec. 2001 et seq.). -(3) Bonds or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act (12 U.S.C. Sec. 1421 et seq.). -(4) Stocks, bonds, debentures, and other obligations of the Federal National Mortgage Association established under the National Housing Act, as amended (12 U.S.C. Sec. 1701 et seq.). -(5) Bonds of any federal home loan bank established under that act. -(6) Obligations of the Federal Home Loan Mortgage Corporation. -(7) Bonds, notes, and other obligations issued by the Tennessee Valley Authority under the Tennessee Valley Authority Act, as amended (16 U.S.C. Sec. 831 et seq.). -(8) Other obligations guaranteed by the Commodity Credit Corporation for the export of California agricultural products under the Commodity Credit Corporation Charter Act, as amended (15 U.S.C. Sec. 714 et seq.). -(f) (1) Commercial paper of “prime” quality as defined by a nationally recognized organization that rates these securities, if the commercial paper is issued by a federally or state-chartered bank or a state-licensed branch of a foreign bank, corporation, trust, or limited liability company that is approved by the Pooled Money Investment Board as meeting the conditions specified in either subparagraph (A) or subparagraph (B): -(A) Both of the following conditions: -(i) Organized and operating within the United States. -(ii) Having total assets in excess of five hundred million dollars ($500,000,000). -(B) Both of the following conditions: -(i) Organized within the United States as a federally or state-chartered bank or a state-licensed branch of a foreign bank, special purpose corporation, trust, or limited liability company. -(ii) Having programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or surety bond. -(2) A purchase of eligible commercial paper may not do any of the following: -(A) Exceed 270 days maturity. -(B) Represent more than 10 percent of the outstanding paper of an issuing federally or state-chartered bank or a state-licensed branch of a foreign bank, corporation, trust, or limited liability company. -(C) Exceed 30 percent of the resources of an investment program. -(3) At the request of the Pooled Money Investment Board, an investment made pursuant to this subdivision shall be secured by the issuer by depositing with the Treasurer securities authorized by Section 53651 of a market value at least 10 percent in excess of the amount of the state’s investment. -(g) Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as bankers acceptances, that are eligible for purchase by the Federal Reserve System. -(h) Negotiable certificates of deposits issued by a federally or state-chartered bank or savings and loan association, a state-licensed branch of a foreign bank, or a federally or state-chartered credit union. For the purposes of this section, negotiable certificates of deposits are not subject to Chapter 4 (commencing with Section 16500) and Chapter 4.5 (commencing with Section 16600). -(i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. -(j) Bank loans and obligations guaranteed by the Export-Import Bank of the United States. -(k) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1001 et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. Sec. 1087-2). -(l) Obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the International Finance Corporation, or the Government Development Bank of Puerto Rico. -(m) Bonds, debentures, and notes issued by corporations organized and operating within the United States. Securities eligible for investment under this subdivision shall be within the top three ratings of a nationally recognized rating service. -(n) Negotiable Order of Withdrawal Accounts (NOW Accounts), invested in accordance with Chapter 4 (commencing with Section 16500). -SEC. 2. -Title 4.5 (commencing with Section 4400) of Part 3 of the Penal Code is repealed. -SEC. 3. -Title 4.6 (commencing with Section 4450) of Part 3 of the Penal Code is repealed. -SEC. 4. -Chapter 12 (commencing with Section 7100) of Title 7 of Part 3 of the Penal Code is repealed. -SEC. 5. -Chapter 13 (commencing with Section 7200) of Title 7 of Part 3 of the Penal Code is repealed. -SEC. 6. -Chapter 1.6 (commencing with Section 5096.1) of Division 5 of the Public Resources Code is repealed. -SEC. 7. -Chapter 1.67 (commencing with Section 5096.71) of Division 5 of the Public Resources Code is repealed. -SEC. 8. -Article 5.5 (commencing with Section 11922) of Chapter 10 of Part 3 of Division 6 of the Water Code is repealed. -SEC. 9. -Chapter 13 (commencing with Section 13970) of Division 7 of the Water Code is repealed. -SEC. 10. -Chapter 14 (commencing with Section 13985) of Division 7 of the Water Code is repealed.","Existing law specifies the types of securities that are eligible for the investment of surplus state funds, including commercial paper of “prime” quality as defined by a nationally recognized organization that rates these securities, if the commercial paper is issued by a corporation, trust, or limited liability company that is approved by the Pooled Money Investment Board as meeting specified conditions. Existing law prohibits a purchase of commercial paper from exceeding 180 days maturity. -This bill would additionally include commercial paper issued by a federally or state-chartered bank or a state-licensed branch of a foreign bank that is approved by the Pooled Money Investment Board as meeting the specified conditions. This bill would prohibit a purchase of commercial paper from exceeding 270 days maturity. -The County Jail Capital Expenditure Bond Act of 1981 authorized the issuance and sale of $280,000,000 in state general obligation bonds to finance the construction, reconstruction, remodeling, and replacement of county jails and for deferred maintenance. The act establishes the County Jail Capital Expenditure Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. -The County Jail Capital Expenditure Bond Act of 1984 authorized the issuance and sale of $250,000,000 in state general obligation bonds to finance the construction, reconstruction, remodeling, and replacement of county jails and for deferred maintenance. The act establishes the County Jail Capital Expenditure Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. -The New Prison Construction Bond Act of 1981 authorized the issuance and sale of $495,000,000 in state general obligation bonds to finance the construction, renovation, and remodeling of state correctional facilities and for deferred maintenance. The act establishes the New Prison Construction Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. -The New Prison Construction Bond Act of 1984 authorized the issuance and sale of $300,000,000 in state general obligation bonds to finance the construction, renovation, and remodeling of state correctional facilities and for deferred maintenance. The act establishes the 1984 Prison Construction Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. -The Cameron-Unruh Beach, Park, Recreational, and Historical Facilities Bond Act of 1964 authorized the issuance and sale of $150,000,000 in state general obligation bonds to finance the acquisition and development of lands for recreational purposes. The act establishes the State Park and Recreation Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. -The State Beach, Park, Recreational, and Historical Facilities Bond Act of 1974, also known as the Z’berg-Collier Park Bond Act, authorized the issuance and sale of $250,000,000 in state general obligation bonds to finance the acquisition and development of lands for recreational purposes. The act establishes the State Park and Recreation Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by the act. -Existing law, known as the Recreation and Fish and Wildlife Enhancement Bond Act of 1970, authorized the issuance and sale of $60,000,000 in state general obligation bonds to finance the design and construction of recreation facilities, fish and wildlife enhancement features, and fishing access sites. Existing law establishes the Recreation and Fish and Wildlife Enhancement Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by these provisions. -The Clean Water Bond Law of 1970 authorized the issuance and sale of $250,000,000 in state general obligation bonds to finance grants to municipalities for water reclamation projects. The Clean Water Bond Law of 1970 establishes the Clean Water Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by these provisions. -The Clean Water Bond Law of 1974 authorized the issuance and sale of $250,000,000 in state general obligation bonds to finance grants to municipalities for water reclamation projects. The Clean Water Bond Law of 1974 establishes the Clean Water Finance Committee for the purpose of authorizing the issuance and sale of the bonds authorized by these provisions. -This bill would repeal all of the above-described laws.","An act to amend Section 16430 of the Government Code, to repeal Title 4.5 (commencing with Section 4400), and Title 4.6 (commencing with Section 4450) of Part 3 of, to repeal Chapter 12 (commencing with Section 7100) and Chapter 13 (commencing with Section 7200) of Title 7 of Part 3 of, the Penal Code, to repeal Chapter 1.6 (commencing with Section 5096.1) and Chapter 1.67 (commencing with Section 5096.71) of Division 5 of the Public Resources Code, and to repeal Article 5.5 (commencing with Section 11922) of Chapter 10 of Part 3 of Division 6 of, and to repeal Chapter 13 (commencing with Section 13970) and Chapter 14 (commencing with Section 13985) of Division 7 of, the Water Code, relating to government finance." -230,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 41030 of the Revenue and Taxation Code, as amended by Chapter 926 of the Statutes of 2014, is amended to read: -41030. -(a) The Office of Emergency Services shall determine annually, on or before October 1, to be effective on January 1 of the following year, a surcharge rate pursuant to subdivision (b) that it estimates will produce sufficient revenue to fund the current fiscal year’s 911 costs. -(b) (1) The surcharge rate shall be determined by dividing the costs (including incremental costs) the Office of Emergency Services estimates for the current fiscal year of 911 costs approved pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, less the available balance in the State Emergency Telephone Number Account in the General Fund, by its estimate of the charges for intrastate telephone communications services and VoIP service to which the surcharge will apply for the period of January 1, 2015, to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be greater than three-quarters of 1 percent nor less than one-half of 1 percent. -(2) Commencing with the calculation made October 1, 2015, to be effective January 1, 2016, the surcharge shall be determined by dividing the costs (including incremental costs) the Office of Emergency Services estimates for the current fiscal year of 911 costs approved pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, less the available balance in the State Emergency Telephone Number Account in the General Fund, by its estimate of the charges for intrastate telephone communications services, the intrastate portion of prepaid mobile telephony services, and VoIP service to which the surcharge will apply for the period of January 1 to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be greater than three-quarters of 1 percent or less than one-half of 1 percent. In making its computation of the charges that are applicable to the intrastate portion of prepaid mobile telephony services, the Office of Emergency Services shall use the computation method developed by the Public Utilities Commission and reported to the Office of Emergency Services pursuant to subdivisions -(a) and -(b) -and (c) -of Section 319 of the Public Utilities Code. -(c) When determining the surcharge rates pursuant to this section, the office shall include the costs it expects to incur to plan, test, implement, and operate Next Generation 911 technology and services, including text to 911 service, consistent with the plan and timeline required by Section 53121 of the Government Code. -(d) The office shall notify the board of the surcharge rate -imposed under this part and -determined pursuant to this section -on or before October 1 of each year -and the surcharge rate applicable to prepaid mobile telephony services -by -determined pursuant to this section for purposes of the prepaid MTS surcharge calculated under Part 21 (commencing with Section 42001) on or before -October 15 of each year. -(e) At least 30 days prior to determining the surcharge pursuant to subdivision (a), the Office of Emergency Services shall prepare a summary of the calculation of the proposed surcharge and make it available to the public, the Legislature, the 911 Advisory Board, and on its Internet Web site. The summary shall contain all of the following: -(1) The prior year revenues to fund 911 costs, including, but not limited to, revenues from prepaid service. -(2) Projected expenses and revenues from all sources, including, but not limited to, prepaid service to fund 911 costs. -(3) The rationale for adjustment to the surcharge determined pursuant to subdivision (b), including, but not limited to, all impacts from the surcharge collected pursuant to Part 21 (commencing with Section 42001). -(f) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 2. -Section 41032 of the Revenue and Taxation Code is amended to read: -41032. -Immediately upon notification by the Office of Emergency Services and fixing the surcharge rate, the board shall each year no later than November 15 publish in its minutes the new rate, and it shall notify -by mail -every service supplier registered with it of the new rate -by means then available to it, including, but not limited to, mail, electronic mail, or Internet Web site postings -. -SEC. 3. -Section 42010 of the Revenue and Taxation Code is amended to read: -42010. -(a) (1) On and after January 1, 2016, a prepaid MTS surcharge shall be imposed on each prepaid consumer and shall be collected by a seller from each prepaid consumer at the time of each retail transaction in this state. The prepaid MTS surcharge shall be imposed as a percentage of the sales price of each retail transaction that occurs in this state. -(2) The prepaid MTS surcharge shall be in lieu of any charges imposed pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) and the Public Utilities Commission surcharges for prepaid mobile telephony services. -(b) The prepaid MTS surcharge shall be annually calculated by the board by no later than November 1 of each year commencing November 1, 2015, by adding the following: -(1) The surcharge rate reported pursuant to subdivision (d) of Section 41030. -(2) The Public Utilities Commission’s reimbursement fee and telecommunications universal service surcharges, established by the Public Utilities Commission pursuant to subdivisions -(a) and -(b) -and (c) -of Section 319 of the Public Utilities Code. -(c) (1) The board shall post, for each local jurisdiction, the combined total of the rates of prepaid MTS surcharge and the rate or rates of local charges, as calculated pursuant to Sections 42102 and 42102.5, that each local jurisdiction has adopted, not later than December 1 of each year, on its Internet Web site. The posted combined rate shall be the rate that applies to all retail transactions during the calendar year beginning April 1 following the posting. -(2) Notwithstanding paragraph (1), if a local agency notifies the board pursuant to subdivision (d) of Section 42101.5 that the posted rate is inaccurate or it no longer imposes a local charge or local charges or that the rate of its local charge or local charges has decreased, the board shall promptly post a recalculated rate that is applicable to the jurisdiction of that local agency. The change shall become operative on the first day of the calendar quarter commencing more than 60 days from the date the local agency notifies the board of the inaccuracy or that it no longer imposes a local charge or that the rate of its local charge has decreased. Nothing in this section modifies the notice obligations of Section 799 of the Public Utilities Code. However, beginning January 1, 2016, the notification and implementation requirements of paragraphs (5) and (6) of subdivision (a) of Section 799 of the Public Utilities Code shall not apply to prepaid mobile telephony services. -(3) The board shall also separately post on its Internet Web site the individual rates for each of the following: -(A) Each of the Public Utilities Commission surcharges that make up the Public Utilities Commission surcharge portion of the prepaid MTS surcharge, as reported pursuant to Section 319 of the Public Utilities Code. -(B) The percentage for the emergency telephone users surcharge reported pursuant to subdivision -(c) -(d) -of Section 41030. -(C) Each of the individual local charges reported pursuant to Section 42101.5. -(4) A seller collecting the prepaid MTS surcharge and local charges pursuant to this part and Part 21.1 (commencing with Section 42100) may rely upon the accuracy of the information posted on the board’s Internet Web site in collecting and remitting all amounts of the prepaid MTS surcharge and local charges. -(d) (1) Except for amounts retained pursuant to subdivision (e), and except as provided in subdivision (f) for a seller that is a direct seller, all amounts of the prepaid MTS surcharge and local charges collected by sellers shall be remitted to the board pursuant to Chapter 3 (commencing with Section 42020). -(2) A seller that is authorized to provide lifeline service under the state lifeline program or federal lifeline program, that sells prepaid mobile telephony services directly to the prepaid customer, shall remit the prepaid MTS surcharge to the board, less any applicable exemption from the surcharge that is applicable to the retail transaction pursuant to Section 42012. -(e) A seller that is not a direct seller shall be permitted to deduct and retain an amount equal to 2 percent of the amounts that are collected by the seller from prepaid consumers for the prepaid MTS surcharge and local charges, on a pro rata basis, according to that portion of the revenues collected by the seller for each of the following: -(1) The emergency telephone users surcharge. -(2) The Public Utilities Commission surcharges. -(3) Local charges. -(f) A direct seller shall remit the prepaid MTS surcharge and local charges as follows: -(1) That portion of the prepaid MTS surcharge that consists of the Public Utilities Commission surcharges shall be remitted to the commission with those reports required by the commission. -(2) That portion of the prepaid MTS surcharge that consists of the emergency telephone users surcharge shall be remitted to the board pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) for those retail transactions with a prepaid consumer in the state. -(3) Local charges, if applicable, shall be remitted to the local jurisdiction or local agency imposing the local charge. Remittance of the local charges shall be separately identified from any other local taxes or other charges that are remitted to the local jurisdiction or local entity imposing the local tax or other charge. -(g) A direct seller shall utilize the amounts posted by the board pursuant to subdivision (c) when determining what amounts to remit to the Public Utilities Commission, board, and each local jurisdiction or local agency. -(h) A prepaid MTS provider shall offer prepaid consumers the option to make payment for additional prepaid usage directly to the prepaid MTS provider at the provider’s retail location or Internet Web site. -(i) The amount of the combined prepaid MTS surcharge and local charges shall be separately stated on an invoice, receipt, or other similar document that is provided to the prepaid consumer of mobile telephony services by the seller, or otherwise disclosed electronically to the prepaid consumer, at the time of the retail transaction. -(j) The prepaid MTS surcharge that is required to be collected by a seller and any amount unreturned to the prepaid consumer of mobile telephony services that is not owed as part of the surcharge, but was collected from the prepaid consumer under the representation by the seller that it was owed as part of the surcharge, constitute debts owed by the seller to this state. The local charge -shall -that is required to -be collected by a -seller, -seller -and any amount unreturned to the prepaid consumer of mobile telephony services that is not owed as part of the local -charge -charge, -but that was collected from the prepaid consumer under the representation by the seller that it was owed as part of the local -charge -charge, -constitutes -a debt -debts -owed by the seller jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing that local charge. -(k) A seller that has collected any amount of prepaid MTS surcharge and local charges in excess of the amount of the surcharge imposed by this part and actually due from a prepaid consumer may refund that amount to the prepaid consumer, even though the surcharge amount has already been paid over to the board and no corresponding credit or refund has yet been secured. Any seller making a refund of any charge to a prepaid consumer may repay therewith the amount of the surcharge paid. -(l) (1) Every prepaid consumer of mobile telephony services in this state is liable for the prepaid MTS surcharge and any local charges until they have been paid to this state, except that payment to a seller registered under this part relieves the prepaid consumer from further liability for the surcharge and local charges. Any surcharge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed to the state by the person required to collect and remit the surcharge. Any local charge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing the local charge by the person required to collect and remit the local charge. Nothing in this part shall impose any obligation upon a seller to take any legal action to enforce the collection of the surcharge or local charge imposed by this section. -(2) A credit shall be allowed against, but shall not exceed, the prepaid MTS surcharge and local charges imposed on any prepaid consumer of mobile telephony services by this part to the extent that the prepaid consumer has paid emergency telephone users charges, state utility regulatory commission fees, state universal service charges, or local charges on the purchase to any other state, political subdivision thereof, or the District of Columbia. The credit shall be apportioned to the charges against which it is allowed in proportion to the amounts of those charges. -(m) (1) A seller is relieved from liability to collect the prepaid MTS surcharge imposed by this part that became due and payable, insofar as the base upon which the surcharge is imposed is represented by accounts that have been found to be worthless and charged off for income tax purposes by the seller or, if the seller is not required to file income tax returns, charged off in accordance with generally accepted accounting principles. A seller that has previously paid the surcharge may, under rules and regulations prescribed by the board, take as a deduction on its return the amount found worthless and charged off by the seller. If any such accounts are thereafter in whole or in part collected by the seller, the amount so collected shall be included in the first return filed after such collection and the surcharge shall be paid with the return. -(2) The board may by regulation promulgate such other rules with respect to uncollected or worthless accounts as it shall deem necessary to the fair and efficient administration of this part. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to allow sufficient time to promulgate and adopt regulations necessary to implement the recently enacted Prepaid Mobile Telephony Services Surcharge Act (Part 21 (commencing with Section 42001) of Division 2 of the Revenue and Taxation Code) and Local Prepaid Mobile Telephony Services Collection Act (Part 21.1 (commencing with Section 42100) of Division 2 of the Revenue and Taxation Code), it is necessary that this act take effect immediately.","The Emergency Telephone Users Surcharge Act generally imposes a surcharge on amounts paid by every person in the state for intrastate telephone service to provide revenues sufficient to fund “911” emergency telephone system costs, and requires the Office of Emergency Services to annually determine the surcharge rate. Commencing with the calculation made October 1, 2015, existing law requires the office to compute the charges applicable to the intrastate portion of prepaid mobile telephony services, as provided. -The Prepaid Mobile Telephony Service Surcharge Collection Act establishes a prepaid MTS surcharge, as defined, based upon a percentage of the sales price of each retail transaction that occurs in this state for prepaid mobile telephony services, as defined, that is imposed in lieu of any charges imposed pursuant to the Emergency Telephone Users Surcharge Act and specified Public Utility Commission surcharges. That act requires the prepaid MTS surcharge to be annually calculated by the State Board of Equalization by November 1 of each year, commencing November 1, 2015, by using the emergency telephone user surcharge rate reported by the office and specified Public Utility Commission surcharges. -The Emergency Telephone Users Surcharge Act requires the office to notify the board of the emergency telephone user surcharge rate and the emergency telephone user surcharge rate applicable to prepaid mobile telephony services by October 15 of each year. -This bill would instead require the office to notify the board of the emergency telephone user surcharge rate by October 1. -The Emergency Telephone Users Surcharge Act requires, immediately upon notification by the office and fixing the surcharge rate, the board to notify by mail every registered service supplier of the new rate. -This bill would instead require the board to notify every registered service supplier of the new rate by means then available to it, including, but not limited to, mail, electronic mail, or Internet Web site postings. -This bill would make other technical, nonsubstantive changes. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 41030, 41032, and 42010 of the Revenue and Taxation Code, relating to taxation, and declaring the urgency thereof, to take effect immediately." -231,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 27375 of the Vehicle Code is amended to read: -27375. -(a) Any person who operates a modified limousine shall ensure that the vehicle has at least two rear side doors, as specified in paragraph (2), and one or two rear windows, as specified in paragraph (1), that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency that may require the immediate exit of the passengers of the vehicle. A limousine subject to this subdivision shall be equipped with both of the following: -(1) (A) Except as provided in subparagraph (B), at least two rear push-out windows that are accessible to all passengers. At least one push-out window shall be located on each side of the vehicle, unless the design of the limousine precludes the installation of a push-out window on one side of the vehicle, in which case the second push-out window shall instead be located in the roof of the vehicle. -(B) If the design of the limousine precludes the installation of even one push-out window on a side of the vehicle, one push-out window shall instead be located in the roof of the vehicle. -(C) The Department of the California Highway Patrol shall establish, by regulation, standards to ensure that window exits are operable and sufficient in emergency situations for limousine passengers. The department shall ensure that these regulations comply with any applicable federal motor vehicle safety standards. -(D) For modified limousines modified prior to July 1, 2015, the requirements of this paragraph shall apply on and after January 1, 2018. -(2) (A) At least two rear side doors that are accessible to all passengers and that may be opened manually by any passenger. At least one rear side door shall be located on each side of the vehicle. -(B) For modified limousines modified on or after July 1, 2015, at least one of these side doors shall be located near the driver’s compartment and another near the back of the vehicle. -(C) The rear side doors shall comply with any applicable federal motor vehicle safety standards as deemed necessary by the Department of the California Highway Patrol. -(b) In the case of a fire or other emergency that requires the immediate exit of the passengers from the limousine, the driver of the limousine shall unlock the doors so that the rear side doors can be opened by the passengers from the inside of the vehicle. -(c) An owner or operator of a limousine shall do all of the following: -(1) Instruct all passengers on the safety features of the vehicle prior to the beginning of any trip, including, but not limited to, instructions for lowering the partition between the driver and passenger compartments and for communicating with the driver by the use of an intercom or other onboard or wireless device. -(2) Disclose to the contracting party and the passengers whether the limousine meets the safety requirements described in this section. -(3) If paragraph (1) of subdivision (d) applies, the owner or operator of a limousine shall further disclose to the contracting party and the passengers that the limousine does not meet the safety requirements required in subdivision (a) regarding vehicle escape options because of its exempt status, and therefore may pose a greater risk to passengers should emergency escape be necessary. -(d) (1) Except as provided in paragraph (2), subdivision (a) shall not apply to any limousine manufactured before 1970 that has an active transportation charter-party carrier (TCP) number that was issued by the commission as of August 15, 2013. -(2) Subdivision (a) shall apply to any limousine manufactured before 1970 if it was modified after August 15, 2013. -SEC. 2. -Section 34501 of the Vehicle Code is amended to read: -34501. -(a) (1) The department shall adopt reasonable rules and regulations that, in the judgment of the department, are designed to promote the safe operation of vehicles described in Section 34500, regarding, but not limited to, controlled substances and alcohol testing of drivers by motor carriers, hours of service of drivers, equipment, fuel containers, fueling operations, inspection, maintenance, recordkeeping, accident reports, and drawbridges. The rules and regulations shall not, however, be applicable to schoolbuses, which shall be subject to rules and regulations adopted pursuant to Section 34501.5. -The rules and regulations shall exempt local law enforcement agencies, within a single county, engaged in the transportation of inmates or prisoners when those agencies maintain other motor vehicle operations records which furnish hours of service information on drivers which are in substantial compliance with the rules and regulations. This exemption does not apply to any local law enforcement agency engaged in the transportation of inmates or prisoners outside the county in which the agency is located, if that agency would otherwise be required, by existing law, to maintain driving logs. -(2) The department may adopt rules and regulations relating to commercial vehicle safety inspection and out-of-service criteria. In adopting the rules and regulations, the commissioner may consider the commercial vehicle safety inspection and out-of-service criteria adopted by organizations such as the Commercial Vehicle Safety Alliance, other intergovernmental safety group, or the United States Department of Transportation. The commissioner may provide departmental representatives to that alliance or other organization for the purpose of promoting the continued improvement and refinement of compatible nationwide commercial vehicle safety inspection and out-of-service criteria. -(3) The commissioner shall appoint a committee of 15 members, consisting of representatives of industry subject to the regulations to be adopted pursuant to this section, to act in an advisory capacity to the department, and the department shall cooperate and confer with the advisory committee so appointed. The commissioner shall appoint a separate committee to advise the department on rules and regulations concerning wheelchair lifts for installation and use on buses, consisting of persons who use the wheelchair lifts, representatives of transit districts, representatives of designers or manufacturers of wheelchairs and wheelchair lifts, and representatives of the Department of Transportation. -(4) The department may inspect any vehicles in maintenance facilities or terminals, as well as any records relating to the dispatch of vehicles or drivers, and the pay of drivers, to ensure compliance with this code and regulations adopted pursuant to this section. -(b) The department, using the definitions adopted pursuant to Section 2402.7, shall adopt regulations for the transportation of hazardous materials in this state, except the transportation of materials which are subject to other provisions of this code, that the department determines are reasonably necessary to ensure the safety of persons and property using the highways. The regulations may include provisions governing the filling, marking, packing, labeling, and assembly of, and containers that may be used for, hazardous materials shipments, and the manner by which the shipper attests that the shipments are correctly identified and in proper condition for transport. -(c) (1) At least once every 13 months, the department shall inspect every maintenance facility or terminal of any person who at any time operates any bus. If the bus operation includes more than 100 buses, the inspection shall be without prior notice. -(2) This subdivision does not preclude the department from conducting inspections of tour bus operations with fewer than 100 buses without prior notice. To the extent possible, the department shall conduct inspections without prior notice of any tour bus operation, including tour bus operations that have a history of noncompliance with safety laws or regulations, that have received unsatisfactory ratings, or that have had buses ordered out of service for safety violations. -(3) If a tour bus operator receives an unsatisfactory rating, the department shall conduct a followup inspection between 30 and 90 days after the initial inspection during which the unsatisfactory rating was received. -(d) The commissioner shall adopt and enforce regulations which will make the public or private users of any bus aware of the operator’s last safety rating. -(e) It is unlawful and constitutes a misdemeanor for any person to operate any bus without the inspections specified in subdivision (c) having been conducted. -(f) The department may adopt regulations restricting or prohibiting the movement of any vehicle from a maintenance facility or terminal if the vehicle is found in violation of this code or regulations adopted pursuant to this section. -SEC. 3. -Section 34505.1 of the Vehicle Code is amended to read: -34505.1. -(a) Upon determining that a tour bus carrier or modified limousine carrier has either (1) failed to maintain any vehicle used in transportation for compensation in a safe operating condition or to comply with the Vehicle Code or with regulations contained in Title 13 of the California Code of Regulations relative to motor carrier safety, and, in the department’s opinion, that failure presents an imminent danger to public safety or constitutes such a consistent failure as to justify a recommendation to the Public Utilities Commission or the United States Department of Transportation or (2) failed to enroll all drivers in the pull notice system as required by Section 1808.1, the department shall recommend to the Public Utilities Commission that the carrier’s operating authority be suspended, denied, or revoked, or to the United States Department of Transportation that appropriate administrative action be taken against the carrier’s interstate operating authority, whichever is appropriate. For purposes of this subdivision, two consecutive unsatisfactory compliance ratings for an inspected terminal assigned because the tour bus carrier or modified limousine carrier failed to comply with the periodic report requirements of Section 1808.1 or the cancellation of the carrier’s enrollment by the Department of Motor Vehicles for nonpayment of required fees may be determined by the department to be a consistent failure. However, when recommending denial of an application for new or renewal authority, the department need not conclude that the carrier’s failure presents an imminent danger to public safety or that it constitutes a consistent failure. The department need only conclude that the carrier’s compliance with the safety-related matters described in paragraph (1) of subdivision (a) is sufficiently unsatisfactory to justify a recommendation for denial. The department shall retain a record, by carrier, of every recommendation made pursuant to this section. -(b) Before transmitting a recommendation pursuant to subdivision (a), the department shall notify the carrier in writing of all of the following: -(1) That the department has determined that the carrier’s safety record is unsatisfactory, furnishing a copy of any documentation or summary of any other evidence supporting the determination. -(2) That the determination may result in a suspension, revocation, or denial of the carrier’s operating authority by the Public Utilities Commission or the United States Department of Transportation, as appropriate. -(3) That the carrier may request a review of the determination by the department within five days of its receipt of the notice required under this subdivision. If a review is requested by the carrier, the department shall conduct and evaluate that review prior to transmitting any notification pursuant to subdivision (a). -(c) Notwithstanding subdivision (a) or (b), upon determining during a terminal inspection or at any other time that the condition of a tour bus is such that it has multiple safety violations of a nature that operation of the tour bus could constitute an imminent danger to public safety, the department shall immediately order the tour bus out of service. The tour bus shall not be subsequently operated with passengers until all of the safety violations have been corrected and the department has verified the correction of the safety violations upon a subsequent inspection by the department of the tour bus, which shall occur within five business days of the submission of a reinspection request from the tour bus carrier to the department. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law, on and after January 1, 2017, requires any person operating a modified limousine that is modified prior to July 1, 2015, to ensure that the vehicle is equipped with one or 2 rear windows that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency. -This bill would extend the operative date of this requirement to January 1, 2018. -(2) Existing law defines a tour bus to include any bus operated by or for a charter-party carrier of passengers or a passenger stage corporation, with a bus in this respect defined to mean any vehicle designed, used, or maintained for carrying more than 10 persons, including the driver. Existing law provides for the Department of the California Highway Patrol to regulate the safe operation of various classes of vehicles, including tour buses. A violation of various statutes and regulations governing tour buses and operators of tour buses is a crime. -Existing law also requires the department, at least once every 13 months, to inspect every maintenance facility or terminal of any person who at any time operates any bus. Existing law requires that if the bus operation includes more than 100 buses, the inspection shall be without prior notice. -This bill would require the department, if a tour bus has received an unsatisfactory compliance rating, to conduct a followup inspection between 30 and 90 days after the initial inspection during which the unsatisfactory rating was received. The bill would require the department to order a tour bus out of service upon determining during a terminal inspection or at any other time that the condition of a tour bus is such that it has multiple safety violations of a nature that operation of the tour bus could constitute an imminent danger to public safety. The bill would prohibit the tour bus from being operated with passengers until all of the safety violations have been corrected and the department has verified the correction of the safety violations upon a subsequent inspection by the department of the tour bus, which shall occur within five business days of the submission of a reinspection request from the tour bus carrier. By creating a new crime, the bill would impose a state-mandated local program. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 27375, 34501, and 34505.1 of the Vehicle Code, relating to transportation." -232,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 3.3 (commencing with Section 365) is added to Division 1 of the Water Code, to read: -CHAPTER 3.3. Excessive Residential Water Use During Drought -365. -(a) The Legislature finds and declares that this chapter furthers important state policies of encouraging water conservation and protecting water resources in the interest of the people and for the public welfare. -(b) For the purposes of this chapter, “urban retail water supplier” has the same meaning as provided in Section 10608.12. -366. -(a) During periods described in subdivision (a) of Section 367, excessive water use is prohibited by a residential customer in a single-family residence or by a customer in a multiunit housing complex in which each unit is individually metered or submetered by the urban retail water supplier. -(b) Each urban retail water supplier shall establish a method to identify and discourage excessive water use, through one of the following options: -(1) Establishing a rate structure, subject to applicable constitutional and statutory limitations, that includes block tiers, water budgets, or rate surcharges over and above base rates for excessive water use by a residential water customer. -(2) (A) Establishing an excessive water use ordinance, rule, or tariff condition, or amending an existing ordinance, rule, or tariff condition, that includes a definition of or a procedure to identify and address excessive water use by metered single-family residential customers and customers in multiunit housing complexes in which each unit is individually metered or submetered and may include a process to issue written warnings to a customer and perform a site audit of customer water usage prior to deeming the customer in violation. -(B) For the purposes of subparagraph (A), excessive water use shall be measured in terms of either gallons or hundreds of cubic feet of water used during the urban retail water supplier’s regular billing cycle. In establishing the definition of excessive use, the urban retail water supplier may consider factors that include, but are not limited to, all of the following: -(i) Average daily use. -(ii) Full-time occupancy of households. -(iii) Amount of landscaped land on a property. -(iv) Rate of evapotranspiration. -(v) Seasonal weather changes. -(C) (i) A violation of an excessive use ordinance, rule, or tariff condition established pursuant to subparagraph (A) shall result in an infraction or administrative civil penalty. The penalty for a violation may be based on conditions identified by the urban retail water supplier and may include, but is not limited to, a fine of up to five hundred dollars ($500) for each hundred cubic feet of water, or 748 gallons, used above the excessive water use threshold established by the urban retail water supplier in a billing cycle. -(ii) Any fine imposed pursuant to this subparagraph shall be added to the customer’s water bill and is due and payable with that water bill. -(iii) Each urban retail water supplier shall have a process for nonpayment of the fine, which shall be consistent with due process and reasonably similar to the water supplier’s existing process for nonpayment of a water bill. -(D) (i) Consistent with due process, an urban retail water supplier shall establish a process and conditions for the appeal of a fine imposed pursuant to subparagraph (C) whereby the customer may contest the imposition of the fine for excessive water use. -(ii) As part of the appeal process, the customer shall be provided with an opportunity to provide evidence that there was no excessive water use or of a bona fide reason for the excessive water use, including evidence of a water leak, a medical reason, or any other reasonable justification for the water use, as determined by the urban retail water supplier. -(iii) As part of the appeal process, the urban retail water supplier shall provide documentation demonstrating the excessive water usage. -(c) (1) The provisions of subdivision (b) do not apply to an urban retail water supplier that is not fully metered in accordance with Section 527. An urban retail water supplier shall comply with the provisions of subdivision (b) when all of the water supplier’s residential water service connections are being billed based on metered water usage. -(2) An urban retail water supplier that is not fully metered shall prohibit water use practices by an ordinance, resolution, rule, or tariff condition that imposes penalties for prohibited uses of water supplied by the water supplier. The urban retail water supplier may include a process to issue written warnings prior to imposing penalties as well as increased penalty amounts for successive violations. -367. -(a) This chapter applies only as follows: -(1) During a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on statewide drought conditions to an urban retail water supplier that has moved to a stage of action in response to a local water supply shortage condition under the water supplier’s contingency plan pursuant to paragraph (1) of subdivision (a) of Section 10632 that requires mandatory water use reductions. -(2) To an urban retail water supplier during a period in which the water supplier has moved to a stage of action in response to a local water supply shortage condition under the water supplier’s contingency plan pursuant to paragraph (1) of subdivision (a) of Section 10632 that requires mandatory water use reductions. -(3) To an urban retail water supplier affected during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on local drought conditions. -(b) The provisions of this chapter are in addition to, and do not supersede or limit, any other measures or remedies implemented by an urban retail water supplier. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The California Constitution declares the policy that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such waters is to be exercised with a view to the reasonable and beneficial use of the waters in the interest of the people and for the public welfare. Existing law requires the Department of Water Resources and the State Water Resources Control Board to take all appropriate proceedings or actions to prevent waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion of water in this state. Existing law authorizes any public entity, as defined, that supplies water at retail or wholesale for the benefit of persons within the service area or area of jurisdiction of the public entity to, by ordinance or resolution, adopt and enforce a water conservation program to reduce the quantity of water used for the purpose of conserving the water supplies of the public entity. Existing law provides that a violation of a requirement of a water conservation program is a misdemeanor punishable by imprisonment in a county jail for not more than 30 days, or by a fine not exceeding $1,000, or both. -This bill would declare that during prescribed periods excessive water use by a residential customer in a single-family residence or by a customer in a multiunit housing complex, as specified, is prohibited. This bill, during prescribed periods, would require each urban retail water supplier to establish a method to identify and discourage excessive water use. This bill would authorize as a method to identify and discourage excessive water use the establishment of a rate structure that includes block tiers, water budgets, or rate surcharges over and above base rates for excessive water use by residential customers. This bill would authorize as a method to identify and discourage excessive water use the establishment of an excessive water use ordinance, rule, or tariff condition that includes a definition of or procedure to identify and address excessive water use, as prescribed, and would make a violation of this excessive water use ordinance, rule, or tariff condition an infraction or administrative civil penalty and would authorize the penalty for a violation to be based on conditions identified by the urban retail water supplier. By creating a new infraction, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Chapter 3.3 (commencing with Section 365) to Division 1 of the Water Code, relating to water." -233,"The people of the State of California do enact as follows: - - -SECTION 1. -On or before January 1, 2018, the State Board of Equalization shall prepare a report analyzing the impact on the board and those making contributions to the board of lowering the monetary threshold that triggers the requirements of the Quentin L. Kopp Conflict of Interest Act of 1990 (Section 15626 of the Government Code) from two hundred and fifty dollars ($250) to one hundred dollars ($100). -SECTION 1. -Section 15626 of the -Government Code -is amended to read: -15626. -(a)This section shall be known, and may be cited, as the Quentin L. Kopp Conflict of Interest Act of 1990. -(b)Prior to rendering any decision in any adjudicatory proceeding pending before the State Board of Equalization, each member who knows or has reason to know that he or she received a contribution or contributions within the preceding 12 months in an aggregate amount of one hundred dollars ($100) or more from a party or his or her agent, or from any participant or his or her agent, shall disclose that fact on the record of the proceeding. -(c)A member shall not make, participate in making, or in any way attempt to use his or her official position to influence, the decision in any adjudicatory proceeding pending before the board if the member knows or has reason to know that he or she received a contribution or contributions in an aggregate amount of one hundred dollars ($100) or more within the preceding 12 months from a party or his or her agent, or from any participant or his or her agent, and if the member knows or has reason to know that the participant has a financial interest in the decision, as that term is used in Article 1 (commencing with Section 87100) of Chapter 7 of Title 9. -(d)Notwithstanding subdivision (c), if a member receives a contribution which would otherwise require disqualification under subdivision (c), and he or she returns the contribution within 30 days from the time he or she knows, or has reason to know, about the contribution and the adjudicatory proceeding pending before the board, his or her participation in the proceeding shall be deemed lawful. -(e)A party to, or a participant in, an adjudicatory proceeding pending before the board shall disclose on the record of the proceeding any contribution or contributions in an aggregate amount of one hundred dollars ($100) or more made within the preceding 12 months by the party or participant, or his or her agent, to any member of the board. -(f)When a close corporation is a party to, or a participant in, an adjudicatory proceeding pending before the board, the majority shareholder is subject to the disclosure requirement specified in this section. -(g)For purposes of this section, if a deputy to the Controller sits at a meeting of the board and votes on behalf of the Controller, the deputy shall disclose contributions made to the Controller and shall disqualify himself or herself from voting pursuant to the requirements of this section. -(h)For purposes of this section: -(1)“Contribution” has the same meaning prescribed in Section 82015 and the regulations adopted pursuant to that section. -(2)“Party” means any person who is the subject of an adjudicatory proceeding pending before the board. -(3)“Participant” means any person who is not a party but who actively supports or opposes a particular decision in an adjudicatory proceeding pending before the board and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7 of Title 9. A person actively supports or opposes a particular decision if he or she lobbies in person the members or employees of the board, testifies in person before the board, or otherwise acts to influence the members of the board. -(4)“Agent” means any person who represents a party to or participant in an adjudicatory proceeding pending before the board. If a person acting as an agent is also acting as an employee or member of a law, accounting, consulting, or other firm, or a similar entity or corporation, both the entity or corporation and the person are agents. -(5)“Adjudicatory proceeding pending before the board” means a matter for adjudication that has been scheduled and appears as an item on a meeting notice of the board as required by Section 11125 as a contested matter for administrative hearing before the board members. A consent calendar matter is not included unless the matter has previously appeared on the calendar as a nonconsent item, or has been removed from the consent calendar for separate discussion and vote, or the item is one about which the member has previously contacted the staff or a party. -(6)A member knows or has reason to know about a contribution if, after the adjudicatory proceeding first appears on a meeting notice of the board, facts have been brought to the member’s personal attention that he or she has received a contribution which would require disqualification under subdivision (c), or that the member received written notice from the board staff, before commencement of the hearing and before any subsequent decision on the matter, that a specific party, close corporation, or majority shareholder, or agent thereof, or any participant having a financial interest in the matter, or agent thereof, in a specific, named adjudicatory proceeding before the board, made a contribution or contributions within the preceding 12 months in an aggregate amount of one hundred dollars ($100) or more. Each member shall provide board staff with a copy of each of his or her campaign statements at the time each of those statements is filed. -The notice of contribution shall be on a form prescribed under rules adopted by the board to provide for staff inquiry of each party, participant, close corporation, and its majority shareholder, and any agent thereof, to determine whether any contribution has been made to a member, and if so, in what aggregate amount and on what date or dates within the 12 months preceding an adjudicatory proceeding or decision. -In addition, the staff shall inquire and report on the record as follows: -(A)Whether any party or participant is a close corporation, and if so, the name of its majority shareholder. -(B)Whether any agent is an employee or member of any law, accounting, consulting, or other firm, or similar entity or corporation, and if so, its name and address and whether a contribution has been made by any such person, firm, corporation, or entity. -(i)(1)Any person who knowingly or willfully violates any provision of this section is guilty of a misdemeanor. -(2)No person convicted of a misdemeanor under this section shall be a candidate for any elective office or act as a lobbyist for a period for four years following the time for filing a notice of appeal has expired, or all possibility of direct attack in the courts of this state has been finally exhausted, unless the court at the time of sentencing specifically determines that this provision shall not be applicable. A plea of nolo contendere shall be deemed a conviction for the purposes of this section. -(3)In addition to other penalties provided by law, a fine of up to the greater of ten thousand dollars ($10,000), or three times the amount the person failed to disclose or report properly, may be imposed upon conviction for each violation. -(4)Prosecution for violation of this section shall be commenced within four years after the date on which the violation occurred. -(5)This section shall not prevent any member of the board from making, or participating in making, a governmental decision to the extent that the member’s participation is legally required for the action or decision to be made. However, the fact that a member’s vote is needed to break a tie does not make the member’s participation legally required. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Quentin L. Kopp Conflict of Interest Act of 1990 requires a member of the State Board of Equalization who has received a contribution or contributions within the preceding 12 months in an aggregate amount of $250 or more from a party or his or her agent, or from any participant or his or her agent, to, prior to rendering any decision in any adjudicatory proceeding pending before the board, disclose that fact on the record of the proceeding. A member is prohibited from making, participating in making, or in any way attempting to use his or her official position to influence, the decision in an adjudicatory proceeding pending before the board if the member knows or has reason to know that he or she received a contribution or contributions -within the preceding 12 months -in an aggregate amount of $250 or more from a party -to the proceeding, -or his or her agent, -or from a participant -in the proceeding -or his or her agent, and -the member knows or has reason to know -that the participant -has a financial interest in the decision. The act also requires a party to, or a participant in, an adjudicatory proceeding pending before the board to disclose on the record of the proceeding any contribution or contributions in an aggregate amount of $250 or more made within the preceding 12 months by the party or participant, or his or her agent, to any member of the board. A person who knowingly or willfully violates any provision of the act is guilty of a misdemeanor. -This bill would reduce the $250 contribution limitation to $100, applying the above-described disclosure and disqualification provisions if a board member receives a contribution in the amount of $100, or more from a party, agent, or participant, as provided. -By extending the application of the criminal sanctions of the Quentin L. Kopp Conflict of Interest Act of 1990, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -This bill would require the board, on or before January 1, 2018, to prepare a report analyzing the impact on the board and those making contributions to the board of lowering the monetary threshold that triggers the requirements of the Quentin L. Kopp Conflict of Interest Act of 1990 from $250 to $100.","An act -to amend Section 15626 of the Government Code, -relating to the State Board of Equalization." -234,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 236.14 is added to the Penal Code, to read: -236.14. -(a) If a person was arrested for or convicted of any nonviolent offense committed while he or she was a victim of human trafficking, including, but not limited to, prostitution as described in subdivision (b) of Section 647, the person may petition the court for vacatur relief of his or her convictions and arrests under th"">(e) The court may, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, consolidate into one hearing a petition with multiple convictions from different jurisdictions. -(f) If the petition is opposed or if the court otherwise deems it necessary, the court shall schedule a hearing on the petition. The hearing may consist of the following: -(1) Testimony by the petitioner, which may be required in support of the petition. -(2) Evidence and supporting documentation in support of the petition. -(3) Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction. -(g) After considering the totality of the evidence presented, the court may vacate the conviction and expunge the arrests and issue an order if it finds all of the following: -(1) That the petitioner was a victim of human trafficking at the time the nonviolent crime was committed. -(2) The commission of the crime was a direct result of being a victim of human trafficking. -(3) The victim is engaged in a good faith effort to distance himself or herself from the human trafficking scheme. -(4) It is in the best interest of the petitioner and in the interests of justice. -(h) In issuing an order of vacatur for the convictions, an order shall do the following: -(1) Set forth a finding that the petitioner was a victim of human trafficking when he or she committed the offense. -(2) Set aside the verdict of guilty or the adjudication and dismiss the accusation or information against the petitioner. -(3) Notify the Department of Justice that the petitioner was a victim of human trafficking when he or she committed the crime and of the relief that has been ordered. -(i) Notwithstanding this section, a petitioner shall not be relieved of any financial restitution order that directly benefits the victim of a nonviolent crime, unless it has already been paid. -(j) A person who was arrested as, or found to be, a person described in Section 602 of the Welfare and Institutions Code because he or she committed a nonviolent offense while he or she was a victim of human trafficking, including, but not limited to, prostitution, as described in subdivision (b) of Section 647, may petition the court for relief under this section. If the petitioner establishes that the arrest or adjudication was the direct result of being a victim of human trafficking the petitioner is entitled to a rebuttable presumption that the requirements for relief have been met. -(k) If the court issues an order as described in subdivision (a) or (j), the court shall also order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner to seal their records of the arrest and the court order to seal and destroy the records for three years from the date of the arrest, or within one year after the court order is granted, whichever occurs later, and thereafter to destroy their records of the arrest and the court order to seal and destroy those records. The court shall provide the petitioner a copy of any court order concerning the destruction of the arrest records. -(l) A petition pursuant to this section shall be made and heard within a reasonable time after the person has ceased to be a victim of human trafficking, or within a reasonable time after the petitioner has sought services for being a victim of human trafficking, whichever occurs later, subject to reasonable concerns for the safety of the petitioner, family members of the petitioner, or other victims of human trafficking who may be jeopardized by the bringing of the application or for other reasons consistent with the purposes of this section. -(m) For the purposes of this section, official documentation of a petitioner’s status as a victim of human trafficking may be introduced as evidence that his or her participation in the offense was the result of his or her status as a victim of human trafficking. For the purposes of this subdivision, “official documentation” means any documentation issued by a federal, state, or local agency that tends to show the petitioner’s status as a victim of human trafficking. Official documentation shall not be required for the issuance of an order described in subdivision (a). -(n) A petitioner, or his or her attorney, may be excused from appearing in person at a hearing for relief pursuant to this section only if the court finds a compelling reason why the petitioner cannot attend the hearing, in which case the petitioner may appear telephonically, via videoconference, or by other electronic means established by the court. -(o) Notwithstanding any other law, a petitioner who has obtained an order pursuant to this section may lawfully deny or refuse to acknowledge an arrest, conviction, or adjudication that is set aside pursuant to the order. -(p) Notwithstanding any other law, the records of the arrest, conviction, or adjudication shall not be distributed to any state licensing board. -(q) The record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioner’s full name. -(r) A court that grants relief pursuant to this section may take additional action as appropriate under the circumstances to carry out the purposes of this section. -(s) If the court denies the application because the evidence is insufficient to establish grounds for vacatur, the denial may be without prejudice. The court may state the reasons for its denial in writing or on the record that is memorialized by transcription, audio tape, or video tape, and if those reasons are based on curable deficiencies in the application, allow the applicant a reasonable time period to cure the deficiencies upon which the court based the denial. -(t) For the purposes of this section, the following terms apply: -(1) “Nonviolent offense” means any offense not listed in subdivision (c) of Section 667.5. -(2) “Vacate” means that the arrest and any adjudications or convictions suffered by the petitioner are deemed not to have occurred and that all records in the case are sealed and destroyed pursuant to this section. The court shall provide the petitioner with a copy of the orders described in subdivisions (a), (j), and (k), as applicable, and inform the petitioner that he or she may thereafter state that he or she was not arrested for the charge, or adjudicated or convicted of the charge, that was vacated. -(3) “Victim of human trafficking” means the victim of a crime described in subdivisions (a), (b), and (c) of Section 236.1. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 3. -The Legislature finds and declares that Section 1 of this act, which adds Section 236.14 to the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -In order to protect the privacy of victims of human trafficking and to improve their opportunities for recovery, it is necessary that this act limit the public’s right of access to the full name of a petitioner who seeks relief from an arrest or conviction for an offense in which the petitioner participated as a result of his or her status as a victim of human trafficking.","Existing law defines and proscribes the crimes of human trafficking, solicitation, and prostitution. Existing law provides that if a defendant has been convicted of solicitation or prostitution and has completed any term of probation for that conviction, the defendant may petition the court for relief if the defendant can establish by clear and convincing evidence that the conviction was the result of his or her status as a victim of human trafficking. Existing law authorizes a court to issue an order that (1) sets forth a finding that the defendant was a victim of human trafficking, as specified, (2) dismisses the accusation or information against the defendant, or orders other relief, and (3) notifies the Department of Justice that the defendant was a victim of human trafficking when he or she committed the crime and the relief that has been ordered. -Existing law authorizes a person who was adjudicated a ward of the juvenile court for solicitation or prostitution to, upon reaching 18 years of age, petition the court to have his or her record sealed, as specified. -This bill would establish a separate petition process for a person who has been arrested for, convicted of, or adjudicated a ward of the juvenile court for, committing a nonviolent offense, as defined, while he or she was a victim of human trafficking. The bill would require the petitioner to establish that the arrest, conviction, or adjudication was the direct result of being a victim of human trafficking in order to obtain relief. The bill would require the petition for relief to be submitted under penalty of perjury, thereby expanding the scope of a crime. The bill would authorize the court, upon making specified findings, to vacate the conviction or adjudication and issue an order that provides the relief described above and also provides for the sealing and destruction of the petitioner’s arrest and court records, as specified. The bill would require that the petition be made within a reasonable time after the person has ceased to be a victim of human trafficking, or within a reasonable time after the person has sought services for being a victim of human trafficking, whichever is later. The bill would provide that official documentation, as defined, of a petitioner’s status as a victim of human trafficking may be introduced as evidence that his or her participation in the offense was the result of the petitioner’s status as a victim of human trafficking. The bill would provide that a petitioner or his or her attorney is not required to appear in person at a hearing for the relief described above if the court finds a compelling reason why the petitioner cannot attend the hearing and may appear via alternate specified methods. The bill would prohibit the disclosure of the full name of a petitioner in the record of a proceeding related to his or her petition that is accessible by the public. The bill would authorize a petitioner who has obtained the relief described above to lawfully deny or refuse to acknowledge an arrest, conviction, or adjudication that is set aside pursuant to that relief. By expanding the scope of a crime and increasing the number of records local agencies would be required to seal and destroy, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to add Section 236.14 to the Penal Code, relating to human trafficking." -235,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 75230 of the Public Resources Code is amended to read: -75230. -(a) The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. -(b) Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund established pursuant to Section 16428.8 of the Government Code. -(c) Funding shall be allocated by the Controller on a formula basis consistent with the requirements of this part and with Section 39719 of the Health and Safety Code, upon a determination by the Department of Transportation that the expenditures proposed by a recipient transit agency meet the requirements of this part and guidelines developed pursuant to this section, and that the amount of funding requested is currently available. -(d) A recipient transit agency shall demonstrate that each expenditure of program moneys allocated to the agency reduces greenhouse gas emissions. -(e) A recipient transit agency shall demonstrate that each expenditure of program moneys does not supplant another source of funds. -(f) Moneys for the program shall be expended to provide transit operating or capital assistance that meets any of the following: -(1) Expenditures that directly enhance or expand transit service by supporting new or expanded bus or rail services, new or expanded water-borne transit, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities. -(2) Operational expenditures that increase transit mode share. -(3) Expenditures related to the purchase of zero-emission buses, including electric buses, and the installation of the necessary equipment and infrastructure to operate and support these zero-emission buses. -(g) For recipient transit agencies whose service areas include disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, at least 50 percent of the total moneys received pursuant to this chapter shall be expended on projects or services that meet the requirements of subdivisions (d), (e), and (f) and benefit the disadvantaged communities, as identified consistent with the guidance developed by the State Air Resources Board pursuant to Section 39715. -(h) The Department of Transportation, in coordination with the State Air Resources Board, shall develop guidelines that describe the methodologies that recipient transit agencies shall use to demonstrate that proposed expenditures will meet the criteria in subdivisions (d), (e), (f), and (g) and establish the reporting requirements for documenting ongoing compliance with those criteria. -(i) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development of guidelines for the program pursuant to this section. -(j) A recipient transit agency shall submit the following information to the Department of Transportation before seeking a disbursement of funds pursuant to this part: -(1) A list of proposed expense types for anticipated funding levels. -(2) The documentation required by the guidelines developed pursuant to this section to demonstrate compliance with subdivisions (d), (e), (f), and (g). -(k) For capital projects, the recipient transit agency shall also do all of the following: -(1) Specify the phases of work for which the agency is seeking an allocation of moneys from the program. -(2) Identify the sources and timing of all moneys required to undertake and complete any phase of a project for which the recipient agency is seeking an allocation of moneys from the program. -(3) Describe intended sources and timing of funding to complete any subsequent phases of the project, through construction or procurement. -(l) A recipient transit agency that has used program moneys for any type of operational assistance allowed by subdivision (f) in a previous fiscal year may use program moneys to continue the same service or program in any subsequent fiscal year if the agency can demonstrate that reductions in greenhouse gas emissions can be realized. -(m) Before authorizing the disbursement of funds, the Department of Transportation, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense types, based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to this section. -(n) The Department of Transportation shall notify the Controller of approved expenditures for each recipient transit agency, and the amount of the allocation for each agency determined to be available at that time of approval. -(o) A recipient transit agency that does not submit an expenditure for funding in a particular fiscal year may retain its funding share, and may accumulate and utilize that funding share in a subsequent fiscal year for a larger expenditure, including operating assistance. The recipient transit agency must first specify the number of fiscal years that it intends to retain its funding share and the expenditure for which the agency intends to use these moneys. A recipient transit agency may only retain its funding share for a maximum of four years. -(p) A recipient transit agency may, in any particular fiscal year, loan or transfer its funding share to another recipient transit agency within the same region for any identified eligible expenditure under the program, including operating assistance, in accordance with procedures incorporated by the Department of Transportation in the guidelines developed pursuant to this section, which procedures shall be consistent with the requirement in subdivision (g). -(q) A recipient transit agency may apply to the Department of Transportation to reassign any savings of surplus moneys allocated under this section to the agency for an expenditure that has been completed to another eligible expenditure under the program, including operating assistance. A recipient transit agency may also apply to the Department of Transportation to reassign to another eligible expenditure any moneys from the program previously allocated to the agency for an expenditure that the agency has determined is no longer a priority for the use of those moneys. -(r) The recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for the use of the fund proceeds developed by the State Air Resources Board. -(s) The Department of Transportation and recipient transit agencies shall comply with the guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code to ensure that the requirements of Section 39713 of the Health and Safety Code are met to maximize the benefits to disadvantaged communities as described in Section 39711 of the Health and Safety Code. -(t) A recipient transit agency shall comply with all applicable legal requirements, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)), and civil rights and environmental justice obligations under state and federal law. Nothing in this section shall be construed to expand or extend the applicability of those laws to recipient transit agencies. -(u) The audit of public transportation operator finances already required under the Transportation Development Act pursuant to Section 99245 of the Public Utilities Code shall be expanded to include verification of receipt and appropriate expenditure of moneys from the program. Each recipient transit agency receiving moneys from the program in a fiscal year for which an audit is conducted shall transmit a copy of the audit to the Department of Transportation, and the department shall make the audits available to the Legislature and the Controller for review on request. -SEC. 2. -Section 75231 is added to the Public Resources Code, to read: -75231. -(a) A recipient transit agency under the program created pursuant to Section 75230 may apply to the Department of Transportation for a letter of no prejudice for any eligible expenditures under the program, including operating assistance, for which the department has authorized a disbursement of funds. If approved by the department, the letter of no prejudice shall allow the recipient transit agency to expend its own moneys for the expenditures and to be eligible for future reimbursement from moneys available for the program. -(b) The amount expended under subdivision (a) shall be reimbursed by the state from moneys available for the program if all of the following conditions are met: -(1) The expenditures for which the letter of no prejudice was requested have commenced, and any regional or local expenditures, if applicable, have been incurred. -(2) The expenditures made by the recipient transit agency are eligible under the program. If expenditures made by the recipient transit agency are determined to be ineligible, the state has no obligation to reimburse those expenditures. -(3) The recipient transit agency complies with all applicable legal requirements for the expenditures, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)), and civil rights and environmental justice obligations under state and federal law. Nothing in this section shall be construed to expand or extend the applicability of those laws to recipient transit agencies. -(4) There are moneys in the Greenhouse Gas Reduction Fund designated for the program and from the recipient transit agency’s formula allocation share as determined pursuant to subparagraph (B) of paragraph (1) of subdivision (b) of Section 39719 of the Health and Safety Code that are sufficient to make the reimbursement payment. -(c) The recipient transit agency and the Department of Transportation shall enter into an agreement governing reimbursement as described in this section. The timing and final amount of reimbursement shall be dependent on the terms of the agreement and the availability of moneys in the Greenhouse Gas Reduction Fund for the program. -(d) The Department of Transportation, in consultation with recipient public transit agencies, may develop guidelines to implement this section.","Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund. -Existing law continuously appropriates specified portions of the annual proceeds in the Greenhouse Gas Reduction Fund to various programs, including 5% for the Low Carbon Transit Operations Program, for expenditures to provide transit operating or capital assistance consistent with specified criteria. Existing law provides for distribution of available funds under the program by a specified formula to recipient transit agencies by the Controller, upon approval of the recipient transit agency’s proposed expenditures by the Department of Transportation. -This bill would require a recipient transit agency to demonstrate that each expenditure of program moneys allocated to the agency does not supplant another source of funds. The bill would authorize a recipient transit agency that does not submit an expenditure for funding under the program in a particular fiscal year to retain its funding share for expenditure in a subsequent fiscal year for a maximum of 4 years. The bill would allow a recipient transit agency to loan or transfer its funding share in any particular fiscal year to another recipient transit agency within the same region, or to apply to the department to reassign, to other eligible expenditures under the program, any savings of surplus moneys from an approved and completed expenditure under the program or from an approved expenditure that is no longer a priority, as specified. The bill would also allow a recipient transit agency to apply to the department for a letter of no prejudice for any eligible expenditures under the program for which the department has authorized a disbursement of funds, and, if granted, would allow the recipient transit agency to expend its own moneys and to be eligible for future reimbursement from the program, under specified conditions. The bill would also require a recipient transit agency to provide additional information to the department to the extent funding is sought for capital projects.","An act to amend Section 75230 of, and to add Section 75231 to, the Public Resources Code, relating to transportation." -236,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 905.2 of the Government Code is amended to read: -905.2. -(a) This section shall apply to claims against the state filed with the Department of General Services except as provided in subparagraph (B) of paragraph (2) of subdivision (b). -(b) There shall be presented in accordance with this chapter and Chapter 2 (commencing with Section 910) all claims for money or damages against the state: -(1) For which no appropriation has been made or for which no fund is available but the settlement of which has been provided for by statute or constitutional provision. -(2) (A) For which the appropriation made or fund designated is exhausted. -(B) Claims for reissuance of stale, dated, or replacement warrants shall be filed with the state entity that originally issued the warrant and, if allowed, shall be paid from the issuing entity’s current appropriation. -(3) For money or damages on express contract, or for an injury for which the state is liable. -(4) For which settlement is not otherwise provided for by statute or constitutional provision. -(c) Claimants shall pay a filing fee of twenty-five dollars ($25) for filing a claim described in subdivision (b), except for claims for reissuance of stale, dated, or replacement warrants as described in subparagraph (B) of paragraph (2) of subdivision (b). This fee shall be deposited into the Service Revolving Fund and shall only be available for the support of the Department of General Services upon appropriation by the Legislature. -(1) The fee shall not apply to the following persons: -(A) Persons who are receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplementary Payment (SSP) programs (Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code), the federal Supplemental Nutrition Assistance Program (SNAP; 7 U.S.C. Sec. 2011 et seq.), or Section 17000 of the Welfare and Institutions Code. -(B) Persons whose monthly income is 125 percent or less of the current monthly poverty line annually established by the Secretary of California Health and Human Services pursuant to the federal Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), as amended. -(C) Persons who are sentenced to imprisonment in a state prison or confined in a county jail, or who are residents in a state institution and, within 90 days prior to the date the claim is filed, have a balance of one hundred dollars ($100) or less credited to the inmate’s or resident’s trust account. A certified copy of the statement of the account shall be submitted. -(2) Any claimant who requests a fee waiver shall attach to the application a signed affidavit requesting the waiver and verification of benefits or income and any other required financial information in support of the request for the waiver. -(3) Notwithstanding any other law, an applicant shall not be entitled to a hearing regarding the denial of a request for a fee waiver. -(d) The time for the Department of General Services to determine the sufficiency, timeliness, or any other aspect of the claim shall begin when any of the following occur: -(1) The claim is submitted with the filing fee. -(2) The fee waiver is granted. -(3) The filing fee is paid to the department upon the department’s denial of the fee waiver request, so long as payment is received within 10 calendar days of the mailing of the notice of the denial. -(e) Upon approval of the claim by the Department of General Services, the fee shall be reimbursed to the claimant, except that no fee shall be reimbursed if the approved claim was for the payment of an expired warrant. Reimbursement of the filing fee shall be paid by the state entity against which the approved claim was filed. If the claimant was granted a fee waiver pursuant to this section, the amount of the fee shall be paid by the state entity to the department. The reimbursement to the claimant or the payment to the department shall be made at the time the claim is paid by the state entity, or shall be added to the amount appropriated for the claim in an equity claims bill. -(f) The Department of General Services may assess a surcharge to the state entity against which the approved claim was filed in an amount not to exceed 15 percent of the total approved claim. The department shall not include the refunded filing fee in the surcharge calculation. This surcharge shall be deposited into the Service Revolving Fund and may be appropriated in support of the department in the annual Budget Act. -(1) The surcharge shall not apply to approved claims to reissue expired warrants. -(2) Upon the request of the department in a form prescribed by the Controller, the Controller shall transfer the fees from the state entity’s appropriation to the appropriation for the support of the department. However, the department shall not request an amount that shall be submitted for legislative approval pursuant to Section 14659.10. -(g) The filing fee required by subdivision (c) shall apply to all claims filed after June 30, 2004, or the effective date of this statute. The surcharge authorized by subdivision (f) may be calculated and included in claims paid after June 30, 2004, or the effective date of the statute adding this subdivision. -(h) This section shall not apply to claims made for a violation of the California Whistleblower Protection Act (Article 3 (commencing with Section 8547) of Chapter 6.5 of Division 1 of Title 2). -SEC. 2. -Section 8590.6 of the Government Code is amended to read: -8590.6. -For the purposes of this article: -(a) “Comprehensive services” means primary services that include all of the following: -(1) Shelter or established referral services for shelter on a 24 hours a day, seven days a week, basis. -(2) A 24 hours a day, seven days a week, telephone hotline for crisis calls. -(3) Temporary housing and food facilities. -(4) Psychological support and peer counseling provided in accordance with Section 1038.2 of the Evidence Code. -(5) Referrals to existing services in the community. -(6) Emergency transportation, as feasible. -(b) “Director” means the Director of the Office of Emergency Services. -(c) “Fund” means the Human Trafficking Victims Assistance Fund. -(d) “Human trafficking caseworker” means a human trafficking caseworker as defined in Section 1038.2 of the Evidence Code, or a human trafficking caseworker who is employed by a homeless services provider that serves homeless children or youth and has completed a minimum of eight hours of training focused on victims of human trafficking from the Runaway and Homeless Youth Training and Technical Assistance Center. -(e) “Office” means the Office of Emergency Services. -(f) “Qualified nonprofit organization” means a nongovernmental, nonprofit organization that does both of the following: -(1) Employs a minimum of one individual who is a human trafficking caseworker. -(2) Provides services to victims of human trafficking, including, but not limited to, housing assistance, counseling services, and social services to victims of human trafficking. -(g) “Victim of human trafficking” means any person who is a trafficking victim as described in Section 236.1 of the Penal Code and satisfies either of the following conditions: -(1) Was trafficked in the state. -(2) Fled his or her trafficker to the state. -SEC. 3. -Section 15820.946 of the Government Code is amended to read: -15820.946. -(a) The participating county contribution for adult local criminal justice facilities financed under this chapter shall be a minimum of 10 percent of the total project costs. The BSCC may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution. -(b) The BSCC shall determine the funding and scoring criteria consistent with the requirements of this chapter. Financing shall be awarded only to those counties that have previously received only a partial award or have never received an award from the state within the financing programs authorized in Chapters 3.11 (commencing with Section 15820.90) to 3.131 (commencing with Section 15820.93), inclusive. The funding criteria shall include, as a mandatory criterion, documentation of the percentage of pretrial inmates in the county jail from January 1, 2015, to December 31, 2015, inclusive, and a description of the county’s current risk assessment based pretrial release program. Funding preference shall also be given to counties that are most prepared to proceed successfully with this financing in a timely manner. The determination of preparedness to proceed shall include the following: -(1) Counties providing a board of supervisors’ resolution authorizing an adequate amount of available matching funds to satisfy the counties’ contribution and approving the forms of the project documents deemed necessary, as identified by the board to the BSCC, to effectuate the financing authorized by this chapter, and authorizing the appropriate signatory or signatories to execute those documents at the appropriate times. The identified matching funds in the resolution shall be compatible with the state’s lease-revenue bond financing. -(2) Counties providing documentation evidencing CEQA compliance has been completed. Documentation of CEQA compliance shall be either a final Notice of Determination or a final Notice of Exemption, as appropriate, and a letter from county counsel certifying the associated statute of limitations has expired and either no challenges were filed or identifying any challenges filed and explaining how they have been resolved in a manner that allows the project to proceed as proposed. -(c) Funding consideration shall be given to counties that are seeking to replace compacted, outdated, or unsafe housing capacity that will also add treatment space or counties that are seeking to renovate existing or build new facilities that provide adequate space for the provision of treatment and rehabilitation services, including mental health treatment. -(d) A participating county may replace existing housing capacity, realizing only a minimal increase of capacity, using this financing authority if the requesting county clearly documents an existing housing capacity deficiency. -(e) A participating county with a request resulting in any increase in capacity using this financing authority shall be required to certify and covenant in writing that the county is not, and will not be, leasing housing capacity to any other public or private entity for a period of 10 years beyond the completion date of the adult local criminal justice facility. -(f) Any locked facility constructed or renovated with state funding awarded under this program shall include space to provide onsite, in-person visitation capable of meeting or surpassing the minimum number of weekly visits required by state regulations for persons detained in the facility. -(g) Any county applying for financing authority under this program shall include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to this chapter. -SEC. 4. -Section 15820.947 is added to the Government Code, to read: -15820.947. -Notwithstanding the award restriction in subdivision (b) of Section 15820.946, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to the County of Napa without the submission of any further adult local criminal justice facility proposal. This amount may be utilized in conjunction with a partial award made to the County of Napa pursuant to Chapter 3.131 (commencing with Section 15820.93). These awards represent the maximum state contribution for the adult local criminal justice facility in the County of Napa. -SEC. 5. -Section 37001.5 of the Health and Safety Code is amended to read: -37001.5. -The words “develop, construct, or acquire,” as used in Section 1 of Article XXXIV of the State Constitution, shall not be interpreted to apply to activities of a state public body when that body does any of the following: -(a) Provides financing, secured by a deed of trust or other security instrument to a private owner of existing housing; or acquires a development, for which financing previously has been provided, as a temporary measure to protect its security and with an intention to change the ownership so that it will not continue to be the owner of a low-rent housing project. -(b) Acquires or makes improvements to land which is anticipated to be sold, ground leased, or otherwise transferred to a private owner prior to its development as a low-rent housing project, provided (1) the land and improvements thereon are not subject to an exemption from property taxation by reason of public ownership for more than five years following acquisition or improvement by the state public body, or (2) such an exemption from property taxation persists beyond the five-year period and no alternative use is designated for the land or improvements, but any property tax revenues lost by affected taxing agencies on account of the exemption of land or improvements from property taxes by reason of public ownership of the property, or any interest in the property after the five-year period, are fully reimbursed by payments in lieu of taxes following the expiration of the five-year period. -(c) Leases existing dwelling units from the private owner of such units, provided the lease or a subtenancy thereunder does not result in a decrease of property tax revenues with respect to the dwelling units leased. -(d) Provides assistance to the private owner or occupant of existing housing which enables an occupant to live in decent, safe, and sanitary housing at a rent he or she can afford to pay. -(e) Provides assistance to a low-rent housing project and monitors construction or rehabilitation of that project and compliance with conditions of that assistance to the extent of: -(1) Carrying out routine governmental functions. -(2) Performing conventional activities of a lender. -(3) Imposing constitutionally mandated or statutorily authorized conditions accepted by a grantee of assistance. -(f) Provides assistance to a development prior to its becoming a low-rent housing project without intending or expecting that the development will become a low-rent housing project, as defined. -(g) Provides financing for a low-rent housing project pursuant to Chapter 6.7 (commencing with Section 51325) of Part 3 of Division 31. -(h) Provides financing for a low-rent housing project pursuant to Article 3.2 (commencing with Section 987.001) and Article 5y (commencing with Section 998.540) of Chapter 6 of Division 4 of the Military and Veterans Code. This subdivision shall apply to all low-rent housing projects that convert the project’s financing to permanent financing after January 1, 2017. -SEC. 6. -Section 43011.3 of the Health and Safety Code, as added by Section 24 of Senate Bill 839 of the 2015–16 Regular Session, is repealed. -SEC. 7. -Section 6 of this act, which repeals Section 43011.3 of the Health and Safety Code as added by Section 24 of Senate Bill 839 of the 2015–16 Regular Session (SB 839), shall only become operative if Section 43011.3 of the Health and Safety Code is added by Section 24 of Senate Bill 839 and Senate Bill 839 becomes effective on or before January 1, 2017, and this bill is enacted after Senate Bill 839. -SEC. 8. -The sum of three million dollars ($3,000,000) is hereby appropriated from the Gambling Control Fund to the Department of Justice for the purposes of Schedule (2) of Item 0820-001-0567 of Section 2.00 of the Budget Act of 2016 in order to address the backlog in investigations related to card room licensing. -SEC. 9. -This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","Existing law with respect to claims against public entities authorizes the “board,” as defined, to assess a surcharge to the state entity against which an approved claim was filed in an amount not to exceed 15% of the claim. Existing law requires the surcharge to be deposited into the General Fund and provides that it may be appropriated in support of the board in the annual Budget Act. -This bill would specify that the Department of General Services may assess this surcharge, would require the surcharge to be deposited into the Service Revolving Fund, and would specify that the surcharge may be appropriated to the department in the annual Budget Act. -Existing law defines a human trafficking caseworker to mean a human trafficking caseworker as defined by the Evidence Code. -This bill would expand that definition to include a human trafficking caseworker who is employed by a homeless services provider that serves homeless children or youth and has completed a minimum of 8 hours of training focused on victims of human trafficking from the Runaway and Homeless Youth Training and Technical Assistance Center. -Existing law authorizes the State Public Works Board to issue up to $270,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, setting aside $20,000,000 to be awarded to the County of Napa. -This bill would require that $20,000,000 of the amount issued by the board in revenue bonds, notes, or bond anticipation notes be set aside and awarded to the County of Napa without the submission of any further adult local criminal justice facility proposal. The bill would also authorize those funds to be utilized in conjunction with a partial award made to the County of Napa pursuant to other specified provisions. -Article XXXIV of the California Constitution, among other things, prohibits any state public body from developing, constructing, or acquiring a low-rent housing project before a majority of the qualified electors vote upon and approve the project. Existing law provides that the words “develop, construct, or acquire” for the purposes of that constitutional provision shall not be interpreted to include specified activities of a state public body. -This bill would include in those specified activities the financing for a specified low-rent housing project by a state public body, as provided. -Senate Bill 839 of the 2015–16 Regular Session (SB 839) would authorize the State Air Resources Board to enter into agreements with private entities and receive, on behalf of the state, contributions from private sources in the form of equipment or money in order to expedite the processing of applications, resolutions, and executive orders pertaining to a specified exception to the requirement that vehicles be equipped with pollution control devices or systems and the authorization to sell and install aftermarket and performance parts with a valid executive order. SB 839 would require all moneys received to be separately accounted for, be deposited into the Air Pollution Control Fund, and available to the state board for these purposes upon appropriation of the Legislature. -This bill would repeal that authorization for the state board to enter into those agreements and the requirement for the deposit of those moneys received, if Section 43011.3 of the Health and Safety Code is added by Section 24 of SB 839 and SB 839 becomes effective on or before January 1, 2017, and this bill is enacted after SB 839. -This bill would appropriate $3,000,000 from the Gambling Control Fund to the Department of Justice for the purposes of addressing the backlog in investigations related to card room licensing. -This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to amend Sections 905.2, 8590.6, and 15820.946 of, and to add Section 15820.947 to, the Government Code, and to amend Section 37001.5 of, and to repeal Section 43011.3 of, the Health and Safety Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget." -237,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 3.132 (commencing with Section 15820.94) is added to Part 10b of Division 3 of Title 2 of the Government Code, to read: -CHAPTER 3.132. Financing of Adult Local Criminal Justice Facilities - 2016 -15820.94. -(a) For purposes of this chapter, “participating county” means a county, city and county, or regional consortium of counties, within the state that has been certified to the State Public Works Board (board) by the Board of State and Community Corrections (BSCC) as having satisfied all of the requirements set forth in this chapter for financing an adult local criminal justice facility pursuant to this chapter. -(b) (1) For purposes of this chapter, an adult local criminal justice facility may include improved housing with an emphasis on expanding program and treatment space as necessary to manage the adult offender population under the jurisdiction of the sheriff or county department of corrections, as may be applicable, consistent with the legislative intent described in Sections 17.5 and 3450 of the Penal Code, to be further defined by the BSCC in duly adopted regulations. -(2) For purposes of this chapter, an adult local criminal justice facility may also include custodial housing, reentry, program, mental health, or treatment space necessary to manage the adult offender population under the jurisdiction of the sheriff or county department of corrections, as may be applicable, consistent with the legislative intent described in Sections 17.5 and 3450 of the Penal Code, to be further defined by the BSCC in duly adopted regulations. -15820.940. -(a) The BSCC or the Department of Corrections and Rehabilitation (CDCR), a participating county, and the board are authorized to acquire, design, and construct an adult local criminal justice facility approved by the BSCC pursuant to Section 15820.945, or to acquire a site or sites owned by, or subject to a lease or option to purchase held by, a participating county. For the purposes of this chapter, acquisition shall include, but is not limited to, acquisition of completed facilities through a build-to-suit purchase. Facilities financed pursuant to this chapter may be delivered through either a design-bid-build or a design-build process. The ownership interest of a participating county in the site or sites for an adult local criminal justice facility shall be determined by the board to be adequate for purposes of its financing in order to be eligible under this chapter. -(b) Notwithstanding Section 14951, the participating county may assign an inspector during the construction of the adult local criminal justice facility. -(c) The BSCC or the CDCR, a participating county, and the board shall enter into an agreement for each adult local criminal justice facility that shall provide, at a minimum, performance expectations of the parties related to the acquisition, design, and construction, including, without limitation, renovation, of the adult local criminal justice facility; guidelines and criteria for use and application of the proceeds of revenue bonds, notes, or bond anticipation notes issued by the board to pay for the cost of the approved adult local criminal justice facility; and ongoing maintenance and staffing responsibilities for the term of the financing. -(d) The agreement shall include a provision that the participating county agrees to indemnify, defend, and hold harmless the State of California for any and all claims and losses arising out of the acquisition, design, and construction of the adult local criminal justice facility. The agreement may also contain additional terms and conditions that facilitate the financing by the board. -(e) The scope and cost of the adult local criminal justice facilities shall be subject to approval and administrative oversight by the board. -(f) For purposes of compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the board, BSCC, and the CDCR are not a lead or responsible agency; the participating county is the lead agency. -15820.941. -Upon a participating county’s receipt of responsive construction bids or design-build proposals, or a participating county’s notification to the board of its intent to exercise a purchase option, and after the adult local criminal justice facility has been certified pursuant to Section 15820.94, the board and the BSCC or the CDCR may borrow funds for project costs from the Pooled Money Investment Account pursuant to Sections 16312 and 16313, or from any other appropriate source. In the event any of the revenue bonds, notes, or bond anticipation notes authorized by this chapter are not sold, the BSCC or the CDCR shall commit a sufficient amount of its support appropriation to repay any loans made for an approved adult local criminal justice facility. -15820.942. -(a) The board may issue up to two hundred seventy million dollars ($270,000,000) in revenue bonds, notes, or bond anticipation notes, pursuant to Chapter 5 (commencing with Section 15830), to finance the acquisition, design, and construction, including, without limitation, renovation, and a reasonable construction reserve, of approved adult local criminal justice facilities described in Section 15820.940, and any additional amount authorized under Section 15849.6 to pay for the cost of financing. -(b) Proceeds from the revenue bonds, notes, or bond anticipation notes may be used to reimburse a participating county for the costs of acquisition, design, and construction, including, without limitation, renovation, for approved adult local criminal justice facilities. -(c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.941 are continuously appropriated for purposes of this chapter. -15820.943. -In support of this state financing, the Legislature finds and declares all of the following: -(a) California’s current challenges in managing jail populations follow decades of overcrowded and aging jails, and piecemeal, erratic, and incomplete responses to dealing with these problems. Reversing course will require sustainable solutions that must include sound planning and implementation, and must be grounded in the principle that jail resources must be well-planned and employed efficiently and effectively to prevent overcrowding and promote public safety through the broader use of evidence-based practices and policies in the criminal justice system. -(b) California needs a long-term, statewide strategy to effectively manage its jail population and jail resources. Without an ongoing analytical framework for taking into account factors such as population growth, criminogenic needs of the current and future jail populations, crime rates, custodial housing needs, and additional changes to realignment or sentencing laws and practices, California will continue to resort to reactive, fragmentary fixes to its jail condition and capacity problems instead of being fully prepared to develop an effective and sustainable system of local custodial facilities. -(c) The county adult criminal justice system needs improved housing with an emphasis on expanding program and treatment space to manage the adult offender population under its jurisdiction. -(d) Improved county adult criminal justice housing with an emphasis on expanding program and treatment space will enhance public safety throughout the state by providing increased access to appropriate programs or treatment. -(e) By improving county adult criminal justice housing with an emphasis on expanding program and treatment space, this financing will serve a critical state purpose by promoting public safety. -(f) This purpose represents valuable consideration in exchange for this state action. -15820.944. -With the consent of the board, the BSCC or the CDCR and a participating county are authorized to enter into leases or subleases, as lessor or lessee, for any property or approved adult local criminal justice facility and are further authorized to enter into contracts or other agreements for the use, maintenance, and operation of the adult local criminal justice facility in order to facilitate the financing authorized by this chapter. In those leases, subleases, or other agreements, the participating county shall agree to indemnify, defend, and hold harmless the State of California for any and all claims and losses accruing and resulting from or arising out of the participating county’s use and occupancy of the adult local criminal justice facility. -15820.945. -(a) The BSCC shall adhere to its duly adopted regulations for the approval or disapproval of adult local criminal justice facilities. The BSCC shall also consider cost effectiveness in determining approval or disapproval. No state moneys shall be encumbered in contracts let by a participating county until one of the following occurs: -(1) Final architectural plans and specifications have been approved by the BSCC, and subsequent construction bids have been received. -(2) Documents prepared by a participating county pursuant to paragraph (1) of subdivision (a) of Section 22164 of the Public Contract Code have been approved by the BSCC, and subsequent design-build proposals have been received pursuant to that section. -(3) The participating county has notified the board of its intent to exercise an option to purchase the completed facility pursuant to Section 15820.941. -(b) The review and approval of plans, specifications, or other documents by the BSCC are for the purpose of ensuring the proper administration of moneys and the determination of whether the adult local criminal justice facility specifications comply with law and regulation. The BSCC may require changes in construction materials to enhance safety and security if materials proposed at the time of final plans and specifications are not essential and customary as used statewide for facilities of the same security level. Participating counties are responsible for the acquisition, design, construction, staffing, operation, repair, and maintenance of the adult local criminal justice facility. -(c) The BSCC shall establish minimum standards, funding schedules, and procedures, which shall take into consideration, but not be limited to, the following: -(1) Certification by a participating county of control of the adult local criminal justice facility site through either fee simple ownership of the site or comparable long-term possession of the site, and right of access to the adult local criminal justice facility sufficient to ensure undisturbed use and possession. -(2) Documentation of the need for improved adult local criminal justice facility housing with an emphasis on expanded program and treatment space. A county shall not be required to submit a new needs assessment if the county previously submitted a needs assessment for a request under the financing program described in Chapter 3.131 (commencing with Section 15820.93). -(3) A written adult local criminal justice facility proposal. -(4) Submission of a staffing plan for the adult local criminal justice facility, including operational cost projections and documentation that the adult local criminal justice facility will be able to be safely staffed and operated within 90 days of completion, as may be applicable. -(5) Submission of architectural drawings, which shall be approved by the BSCC for compliance with minimum adult detention facility standards and which shall also be approved by the State Fire Marshal for compliance with fire safety and life safety requirements. -(6) Documentation evidencing compliance with the California Environmental Quality Act (CEQA). -(7) Provisions intended to maintain the tax-exempt status of the bonds, notes, or bond anticipation notes issued by the board. -15820.946. -(a) The participating county contribution for adult local criminal justice facilities financed under this chapter shall be a minimum of 10 percent of the total project costs. The BSCC may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution. -(b) The BSCC shall determine the funding and scoring criteria consistent with the requirements of this chapter. Financing shall be awarded only to those counties that have previously received only a partial award or have never received an award from the state within the financing programs authorized in Chapters 3.11 (commencing with Section 15820.90) to 3.131 (commencing with Section 15820.93), inclusive. Notwithstanding this restriction, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to Napa County. The funding criteria shall include, as a mandatory criterion, documentation of the percentage of pretrial inmates in the county jail from January 1, 2015, to December 31, 2015, inclusive, and a description of the county’s current risk assessment based pretrial release program. Funding preference shall also be given to counties that are most prepared to proceed successfully with this financing in a timely manner. The determination of preparedness to proceed shall include the following: -(1) Counties providing a board of supervisors’ resolution authorizing an adequate amount of available matching funds to satisfy the counties’ contribution and approving the forms of the project documents deemed necessary, as identified by the board to the BSCC, to effectuate the financing authorized by this chapter, and authorizing the appropriate signatory or signatories to execute those documents at the appropriate times. The identified matching funds in the resolution shall be compatible with the state’s lease-revenue bond financing. -(2) Counties providing documentation evidencing CEQA compliance has been completed. Documentation of CEQA compliance shall be either a final Notice of Determination or a final Notice of Exemption, as appropriate, and a letter from county counsel certifying the associated statute of limitations has expired and either no challenges were filed or identifying any challenges filed and explaining how they have been resolved in a manner that allows the project to proceed as proposed. -(c) Funding consideration shall be given to counties that are seeking to replace compacted, outdated, or unsafe housing capacity that will also add treatment space or counties that are seeking to renovate existing or build new facilities that provide adequate space for the provision of treatment and rehabilitation services, including mental health treatment. -(d) A participating county may replace existing housing capacity, realizing only a minimal increase of capacity, using this financing authority if the requesting county clearly documents an existing housing capacity deficiency. -(e) A participating county with a request resulting in any increase in capacity using this financing authority shall be required to certify and covenant in writing that the county is not, and will not be, leasing housing capacity to any other public or private entity for a period of 10 years beyond the completion date of the adult local criminal justice facility. -(f) Any locked facility constructed or renovated with state funding awarded under this program shall include space to provide onsite, in-person visitation capable of meeting or surpassing the minimum number of weekly visits required by state regulations for persons detained in the facility. -(g) Any county applying for financing authority under this program shall include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to this chapter. -SEC. 2. -This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","Existing law authorizes the Board of State and Community Corrections or the Department of Corrections and Rehabilitation, the State Public Works Board, and a participating county, as defined, to acquire, design, and construct an adult local criminal justice facility approved by the Board of State and Community Corrections, or to acquire a site or sites owned by, or subject to a lease option to purchase held by, a participating county. Existing law authorizes the State Public Works Board to issue up to $500,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities. The funds derived from those revenue bonds, notes, or bond anticipation notes are continuously appropriated for those purposes. -This bill would enact provisions similar to the provisions described above authorizing the Board of State and Community Corrections or the Department of Corrections and Rehabilitation, the State Public Works Board, and a participating county, as defined, to acquire, design, and construct an adult local criminal justice facility, as defined. The bill would authorize the State Public Works Board to issue up to $270,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, setting aside $20,000,000 to be awarded to Napa County, and would continuously appropriate the funds for those purposes. Because the bill would continuously appropriate funds for these purposes, it would make an appropriation. The bill would establish procedures for approving and funding these projects. -This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to add Chapter 3.132 (commencing with Section 15820.94) to Part 10b of Division 3 of Title 2 of the Government Code, relating to correctional facilities, and making an appropriation therefor, to take effect immediately, bill related to the budget." -238,"The people of the State of California do enact as follows: - - -SECTION 1. -Item 2240-101-6082 of Section 2.00 of the Budget Act of 2016 is amended to read: -2240-101-6082—For local assistance, Department of Housing and Community Development, payable from the Housing for Veterans Fund ........................ -75,000,000 -Schedule: -(1) -1665-Financial Assistance Program ........................ -75,000,000 -Provisions: -1. -The Director of Finance may authorize an increase in this appropriation, up to the total amount of proceeds available pursuant to the Veterans Housing and Homeless Prevention Bond Act of 2014. Any approved increase shall correspond to the level of awards anticipated by the Department of Housing and Community Development. An approval of an augmentation may be authorized not sooner than 30 days after notification is provided in writing to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations. -2. -Notwithstanding Section 16304.1 of the Government Code, funds appropriated in this item shall be available for liquidation of encumbrances until June 30, 2022. The Director of Finance may authorize an extension of the liquidation period if it is determined that an extension is needed to facilitate a project’s completion. An approval may be authorized not sooner than 30 days after notification is provided in writing to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations. -3. -Of the funds appropriated in this item, $10,000,000 shall be made available by the Department of Housing and Community Development, in consultation with the Department of Veterans Affairs, for loans to counties or private nonprofit organizations, or both, for the construction or rehabilitation of transitional housing or shelter facilitates that provide services for homeless veterans. The Department of Housing and Community Development shall include in the guidelines priority for applicants that demonstrate need and focus on long-term solutions, including funding for mental health and addiction treatment services, as well as having proven long-term effectiveness. -SEC. 2. -Item 2240-105-0001 of Section 2.00 of the Budget Act of 2016 is amended to read: -2240-105-0001—For transfer by the Controller to the Emergency Housing and Assistance Fund ........................ -45,000,000 -Provisions: -1. -The funds transferred by this item shall be used for support costs and local assistance associated with administering the California Emergency Solutions Grant Program as set forth in Chapter 19 (commencing with Section 50899.1) of Part 2 of Division 31 of the Health and Safety Code. -2. -Of the funds appropriated in this item, $10,000,000 shall be made available to the Office of Emergency Services for the Homeless Youth Emergency Service Pilot Projects as set forth in Chapter 6 (commencing with Section 13700) of Part 3 of Division 9 of the Welfare and Institutions Code to fund new pilot projects over five years for the County of Orange, the County of Fresno, the County of San Bernardino, and the County of El Dorado. -SEC. 3. -Item 4260-001-3085 of Section 2.00 of the Budget Act of 2016 is amended to read: -4260-001-3085—For support of Department of Health Care Services, payable from the Mental Health Services Fund ........................ - - -13,120,000 - -13,620,000 -Schedule: -(1) -3960-Health Care Services ........................ - - -13,120,000 - -13,620,000 -Provisions: -1. -Funds appropriated in this item are in lieu of the amounts that otherwise would have been appropriated for administration pursuant to subdivision (d) of Section 5892 of the Welfare and Institutions Code. -2. -Of the funds appropriated in this item, $4,000,000 is available for encumbrance or expenditure until June 30, 2019, to support suicide hotlines throughout the state only if the Department of Finance determines that funds are available from the amounts allocated for state administration of the Mental Health Services Fund pursuant to subdivision (d) of Section 5892 of the Welfare and Institutions Code. These funds shall not be released sooner than 30 days after the Department of Finance provides notification of the availability of funds in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees in each house of the Legislature that consider the State Budget, and the Chairperson of the Joint Legislative Budget Committee. -SEC. 4. -Section 39.00 of the Budget Act of 2016 is amended to read: -SEC. 39.00. -The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 1600, AB 1601, AB 1602, AB 1603, AB 1604, AB 1605, AB 1606, AB 1607, AB 1608, AB 1609, AB 1610, AB 1611, AB 1612, AB 1613, AB 1614, AB 1615, AB 1616, AB 1617, AB 1618, AB 1619, AB 1620, AB 1621, AB 1622, AB 1623, SB 828, SB 829, SB 830, SB 831, SB 832, SB 833, SB 834, SB 835, SB 836, SB 837, SB 838, SB 839, SB 840, SB 841, SB 842, SB 843, SB 844, SB 845, SB 846, SB 847, SB 848, SB 849, SB 850, -SB 851, -and SB 852. -SEC. 5. -This act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately. -SECTION 1. -It is the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2016.","The Budget Act of 2016 made appropriations for the support of state government for the 2016–17 fiscal year. -This bill would amend the Budget Act of 2016 by revising items of appropriation and making other changes. -This bill would declare that it is to take effect immediately as a Budget Bill. -This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2016.","An act relating to the Budget Act of 2016. -An act to amend the Budget Act of 2016 by amending Items 2240-101-6082, 2240-105-0001, and 4260-001-3085 of Section 2.00 of, and Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill." -239,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 905.2 of the Government Code is amended to read: -905.2. -(a) This section shall apply to claims against the state filed with the Department of General Services except as provided in subparagraph (B) of paragraph (2) of subdivision (b). -(b) There shall be presented in accordance with this chapter and Chapter 2 (commencing with Section 910) all claims for money or damages against the state: -(1) For which no appropriation has been made or for which no fund is available but the settlement of which has been provided for by statute or constitutional provision. -(2) (A) For which the appropriation made or fund designated is exhausted. -(B) Claims for reissuance of stale, dated, or replacement warrants shall be filed with the state entity that originally issued the warrant and, if allowed, shall be paid from the issuing entity’s current appropriation. -(3) For money or damages on express contract, or for an injury for which the state is liable. -(4) For which settlement is not otherwise provided for by statute or constitutional provision. -(c) Claimants shall pay a filing fee of twenty-five dollars ($25) for filing a claim described in subdivision (b), except for claims for reissuance of stale, dated, or replacement warrants as described in subparagraph (B) of paragraph (2) of subdivision (b). This fee shall be deposited into the Service Revolving Fund and shall only be available for the support of the Department of General Services upon appropriation by the Legislature. -(1) The fee shall not apply to the following persons: -(A) Persons who are receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplementary Payment (SSP) programs (Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code), the federal Supplemental Nutrition Assistance Program (SNAP; 7 U.S.C. Sec. 2011 et seq.), or Section 17000 of the Welfare and Institutions Code. -(B) Persons whose monthly income is 125 percent or less of the current monthly poverty line annually established by the Secretary of California Health and Human Services pursuant to the federal Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), as amended. -(C) Persons who are sentenced to imprisonment in a state prison or confined in a county jail, or who are residents in a state institution and, within 90 days prior to the date the claim is filed, have a balance of one hundred dollars ($100) or less credited to the inmate’s or resident’s trust account. A certified copy of the statement of the account shall be submitted. -(2) Any claimant who requests a fee waiver shall attach to the application a signed affidavit requesting the waiver and verification of benefits or income and any other required financial information in support of the request for the waiver. -(3) Notwithstanding any other law, an applicant shall not be entitled to a hearing regarding the denial of a request for a fee waiver. -(d) The time for the Department of General Services to determine the sufficiency, timeliness, or any other aspect of the claim shall begin when any of the following occur: -(1) The claim is submitted with the filing fee. -(2) The fee waiver is granted. -(3) The filing fee is paid to the department upon the department’s denial of the fee waiver request, so long as payment is received within 10 calendar days of the mailing of the notice of the denial. -(e) Upon approval of the claim by the Department of General Services, the fee shall be reimbursed to the claimant, except that no fee shall be reimbursed if the approved claim was for the payment of an expired warrant. Reimbursement of the filing fee shall be paid by the state entity against which the approved claim was filed. If the claimant was granted a fee waiver pursuant to this section, the amount of the fee shall be paid by the state entity to the department. The reimbursement to the claimant or the payment to the department shall be made at the time the claim is paid by the state entity, or shall be added to the amount appropriated for the claim in an equity claims bill. -(f) The Department of General Services may assess a surcharge to the state entity against which the approved claim was filed in an amount not to exceed 15 percent of the total approved claim. The department shall not include the refunded filing fee in the surcharge calculation. This surcharge shall be deposited into the Service Revolving Fund and may be appropriated in support of the department in the annual Budget Act. -(1) The surcharge shall not apply to approved claims to reissue expired warrants. -(2) Upon the request of the department in a form prescribed by the Controller, the Controller shall transfer the fees from the state entity’s appropriation to the appropriation for the support of the department. However, the department shall not request an amount that shall be submitted for legislative approval pursuant to Section 14659.10. -(g) The filing fee required by subdivision (c) shall apply to all claims filed after June 30, 2004, or the effective date of this statute. The surcharge authorized by subdivision (f) may be calculated and included in claims paid after June 30, 2004, or the effective date of the statute adding this subdivision. -(h) This section shall not apply to claims made for a violation of the California Whistleblower Protection Act (Article 3 (commencing with Section 8547) of Chapter 6.5 of Division 1 of Title 2). -SEC. 2. -Section 8590.6 of the Government Code is amended to read: -8590.6. -For the purposes of this article: -(a) “Comprehensive services” means primary services that include all of the following: -(1) Shelter or established referral services for shelter on a 24 hours a day, seven days a week, basis. -(2) A 24 hours a day, seven days a week, telephone hotline for crisis calls. -(3) Temporary housing and food facilities. -(4) Psychological support and peer counseling provided in accordance with Section 1038.2 of the Evidence Code. -(5) Referrals to existing services in the community. -(6) Emergency transportation, as feasible. -(b) “Director” means the Director of the Office of Emergency Services. -(c) “Fund” means the Human Trafficking Victims Assistance Fund. -(d) “Human trafficking caseworker” means a human trafficking caseworker as defined in Section 1038.2 of the Evidence Code, or a human trafficking caseworker who is employed by a homeless services provider that serves homeless children or youth and has completed a minimum of eight hours of training focused on victims of human trafficking from the Runaway and Homeless Youth Training and Technical Assistance Center. -(e) “Office” means the Office of Emergency Services. -(f) “Qualified nonprofit organization” means a nongovernmental, nonprofit organization that does both of the following: -(1) Employs a minimum of one individual who is a human trafficking caseworker. -(2) Provides services to victims of human trafficking, including, but not limited to, housing assistance, counseling services, and social services to victims of human trafficking. -(g) “Victim of human trafficking” means any person who is a trafficking victim as described in Section 236.1 of the Penal Code and satisfies either of the following conditions: -(1) Was trafficked in the state. -(2) Fled his or her trafficker to the state. -SEC. 3. -Section 15820.946 of the Government Code is amended to read: -15820.946. -(a) The participating county contribution for adult local criminal justice facilities financed under this chapter shall be a minimum of 10 percent of the total project costs. The BSCC may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution. -(b) The BSCC shall determine the funding and scoring criteria consistent with the requirements of this chapter. Financing shall be awarded only to those counties that have previously received only a partial award or have never received an award from the state within the financing programs authorized in Chapters 3.11 (commencing with Section 15820.90) to 3.131 (commencing with Section 15820.93), inclusive. -Notwithstanding this restriction, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to Napa County. -The funding criteria shall include, as a mandatory criterion, documentation of the percentage of pretrial inmates in the county jail from January 1, 2015, to December 31, 2015, inclusive, and a description of the county’s current risk assessment based pretrial release program. Funding preference shall also be given to counties that are most prepared to proceed successfully with this financing in a timely manner. The determination of preparedness to proceed shall include the following: -(1) Counties providing a board of supervisors’ resolution authorizing an adequate amount of available matching funds to satisfy the counties’ contribution and approving the forms of the project documents deemed necessary, as identified by the board to the BSCC, to effectuate the financing authorized by this chapter, and authorizing the appropriate signatory or signatories to execute those documents at the appropriate times. The identified matching funds in the resolution shall be compatible with the state’s lease-revenue bond financing. -(2) Counties providing documentation evidencing CEQA compliance has been completed. Documentation of CEQA compliance shall be either a final Notice of Determination or a final Notice of Exemption, as appropriate, and a letter from county counsel certifying the associated statute of limitations has expired and either no challenges were filed or identifying any challenges filed and explaining how they have been resolved in a manner that allows the project to proceed as proposed. -(c) Funding consideration shall be given to counties that are seeking to replace compacted, outdated, or unsafe housing capacity that will also add treatment space or counties that are seeking to renovate existing or build new facilities that provide adequate space for the provision of treatment and rehabilitation services, including mental health treatment. -(d) A participating county may replace existing housing capacity, realizing only a minimal increase of capacity, using this financing authority if the requesting county clearly documents an existing housing capacity deficiency. -(e) A participating county with a request resulting in any increase in capacity using this financing authority shall be required to certify and covenant in writing that the county is not, and will not be, leasing housing capacity to any other public or private entity for a period of 10 years beyond the completion date of the adult local criminal justice facility. -(f) Any locked facility constructed or renovated with state funding awarded under this program shall include space to provide onsite, in-person visitation capable of meeting or surpassing the minimum number of weekly visits required by state regulations for persons detained in the facility. -(g) Any county applying for financing authority under this program shall include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to this chapter. -SEC. 4. -Section 15820.947 is added to the Government Code, to read: -15820.947. -Notwithstanding the award restriction in subdivision (b) of Section 15820.946, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to the County of Napa without the submission of any further adult local criminal justice facility proposal. This amount may be utilized in conjunction with a partial award made to the County of Napa pursuant to Chapter 3.131 (commencing with Section 15820.93). These awards represent the maximum state contribution for the adult local criminal justice facility in the County of Napa. -SEC. 3. -SEC. 5. -The sum of three million dollars ($3,000,000) is hereby appropriated from the Gambling Control Fund to the Department of Justice for the purposes of Schedule (2) of Item 0820-001-0567 of Section 2.00 of the Budget Act of 2016 in order to address the backlog in investigations related to card room licensing -SEC. 4. -SEC. 6. -This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","Existing law with respect to claims against public entities authorizes the “board,” as defined, to assess a surcharge to the state entity against which an approved claim was filed in an amount not to exceed 15% of the claim. Existing law requires the surcharge to be deposited into the General Fund and provides that it may be appropriated in support of the board in the annual Budget Act. -This bill would specify that the Department of General Services may assess this surcharge, would require the surcharge to be deposited into the Service Revolving Fund, and would specify that the surcharge may be appropriated to the department in the annual Budget Act. -Existing law defines a human trafficking caseworker to mean a human trafficking caseworker as defined by the Evidence Code. -This bill would expand that definition to include a human trafficking caseworker who is employed by a homeless services provider that serves homeless children or youth and has completed a minimum of 8 hours of training focused on victims of human trafficking from the Runaway and Homeless Youth Training and Technical Assistance Center. -This bill would appropriate $3,000,000 from the Gambling Control Fund to the Department of Justice for the purposes of addressing the backlog in investigations related to card room licensing. -Existing law authorizes the State Public Works Board to issue up to $270,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, setting aside $20,000,000 to be awarded to the County of Napa. -This bill would require that $20,000,000 of the amount issued by the board in revenue bonds, notes, or bond anticipation notes to be set aside and awarded to the County of Napa without the submission of any further adult local criminal justice facility proposal. The bill would also authorize those funds to be utilized in conjunction with a partial award made to the County of Napa pursuant to other specified provisions. -This bill would appropriate $1,000 from the General Fund to the Board of State and Community Corrections for administrative costs related to the bill. -This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to amend Sections -905.2 and 8590.6 of -905.2, 8590.6, and 15820.946 of, and to add Section 15820.947 to, -the Government Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget." -240,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 76000.5 of the Government Code is amended to read: -76000.5. -(a) (1) Except as otherwise provided in this section, for purposes of supporting emergency medical services pursuant to Chapter 2.5 (commencing with Section 1797.98a) of Division 2.5 of the Health and Safety Code, in addition to the penalties set forth in Section 76000, the county board of supervisors may elect to levy an additional penalty in the amount of two dollars ($2) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including violations of Division 9 (commencing with Section 23000) of the Business and Professions Code relating to the control of alcoholic beverages, and all offenses involving a violation of the Vehicle Code or a local ordinance adopted pursuant to the Vehicle Code. This penalty shall be collected together with and in the same manner as the amounts established by Section 1464 of the Penal Code. -(2) This additional penalty does not apply to the following: -(A) A restitution fine. -(B) A penalty authorized by Section 1464 of the Penal Code or this chapter. -(C) A parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. -(D) The state surcharge authorized by Section 1465.7 of the Penal Code. -(b) Funds shall be collected pursuant to subdivision (a) only if the county board of supervisors provides that the increased penalties do not offset or reduce the funding of other programs from other sources, but that these additional revenues result in increased funding to those programs. -(c) Moneys collected pursuant to subdivision (a) shall be taken from fines and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1463 of the Penal Code. -(d) Funds collected pursuant to this section shall be deposited into the Maddy Emergency Medical Services (EMS) Fund established pursuant to Section 1797.98a of the Health and Safety Code. -(e) This section shall remain in effect until January 1, 2027. -SEC. 2. -Section 1797.98a of the Health and Safety Code is amended to read: -1797.98a. -(a) The fund provided for in this chapter shall be known as the Maddy Emergency Medical Services (EMS) Fund. -(b) (1) Each county may establish an emergency medical services fund, upon the adoption of a resolution by the board of supervisors. The moneys in the fund shall be available for the reimbursements required by this chapter. The fund shall be administered by each county, except that a county electing to have the state administer its medically indigent services program may also elect to have its emergency medical services fund administered by the state. -(2) Costs of administering the fund shall be reimbursed by the fund in an amount that does not exceed the actual administrative costs or 10 percent of the amount of the fund, whichever amount is lower. -(3) All interest earned on moneys in the fund shall be deposited in the fund for disbursement as specified in this section. -(4) Each administering agency may maintain a reserve of up to 15 percent of the amount in the portions of the fund reimbursable to physicians and surgeons, pursuant to subparagraph (A) of, and to hospitals, pursuant to subparagraph (B) of, paragraph (5). Each administering agency may maintain a reserve of any amount in the portion of the fund that is distributed for other emergency medical services purposes as determined by each county, pursuant to subparagraph (C) of paragraph (5). -(5) The amount in the fund, reduced by the amount for administration and the reserve, shall be utilized to reimburse physicians and surgeons and hospitals for patients who do not make payment for emergency medical services and for other emergency medical services purposes as determined by each county according to the following schedule: -(A) Fifty-eight percent of the balance of the fund shall be distributed to physicians and surgeons for emergency services provided by all physicians and surgeons, except those physicians and surgeons employed by county hospitals, in general acute care hospitals that provide basic, comprehensive, or standby emergency services pursuant to paragraph (3) or (5) of subdivision (f) of Section 1797.98e up to the time the patient is stabilized. -(B) Twenty-five percent of the fund shall be distributed only to hospitals providing disproportionate trauma and emergency medical care services. -(C) Seventeen percent of the fund shall be distributed for other emergency medical services purposes as determined by each county, including, but not limited to, the funding of regional poison control centers. Funding may be used for purchasing equipment and for capital projects only to the extent that these expenditures support the provision of emergency services and are consistent with the intent of this chapter. -(c) The source of the moneys in the fund shall be the penalty assessment made for this purpose, as provided in Section 76000 of the Government Code. -(d) Any physician and surgeon may be reimbursed for up to 50 percent of the amount claimed pursuant to subdivision (a) of Section 1797.98c for the initial cycle of reimbursements made by the administering agency in a given year, pursuant to Section 1797.98e. All funds remaining at the end of the fiscal year in excess of any reserve held and rolled over to the next year pursuant to paragraph (4) of subdivision (b) shall be distributed proportionally, based on the dollar amount of claims submitted and paid to all physicians and surgeons who submitted qualifying claims during that year. -(e) Of the money deposited into the fund pursuant to Section 76000.5 of the Government Code, 15 percent shall be utilized to provide funding for all pediatric trauma centers throughout the county, both publicly and privately owned and operated. The expenditure of money shall be limited to reimbursement to physicians and surgeons, and to hospitals for patients who do not make payment for emergency care services in hospitals up to the point of stabilization, or to hospitals for expanding the services provided to pediatric trauma patients at trauma centers and other hospitals providing care to pediatric trauma patients, or at pediatric trauma centers, including the purchase of equipment. Local emergency medical services (EMS) agencies may conduct a needs assessment of pediatric trauma services in the county to allocate these expenditures. Counties that do not maintain a pediatric trauma center shall utilize the money deposited into the fund pursuant to Section 76000.5 of the Government Code to improve access to, and coordination of, pediatric trauma and emergency services in the county, with preference for funding given to hospitals that specialize in services to children, and physicians and surgeons who provide emergency care for children. Funds spent for the purposes of this section shall be known as Richie’s Fund. This subdivision shall remain in effect until January 1, 2027. -(f) Costs of administering money deposited into the fund pursuant to Section 76000.5 of the Government Code shall be reimbursed from the money collected in an amount that does not exceed the actual administrative costs or 10 percent of the money collected, whichever amount is lower. This subdivision shall remain in effect until January 1, 2027.","Existing law establishes the Maddy Emergency Medical Services (EMS) Fund, and authorizes each county to establish an emergency medical services fund for reimbursement of costs related to emergency medical services. Existing law, until January 1, 2017, authorizes county boards of supervisors to elect to levy an additional penalty, for deposit into the EMS Fund, in the amount of $2 for every $10 upon fines, penalties, and forfeitures collected for criminal offenses. Existing law, until January 1, 2017, requires 15% of the funds collected pursuant to that provision to be used to provide funding for pediatric trauma centers. -This bill would extend the operative date of these provisions until January 1, 2027.","An act to amend Section 76000.5 of the Government Code, and to amend Section 1797.98a of the Health and Safety Code, relating to emergency medical services." -241,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 273.5 of the Penal Code is amended to read: -273.5. -(a) -(1) -Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment. -(2) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b), where the corporal injury resulting in a traumatic condition is caused in whole or in part by strangulation or suffocation, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment. For purposes of this paragraph, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck. -(b) Subdivision (a) shall apply if the victim is or was one or more of the following: -(1) The offender’s spouse or former spouse. -(2) The offender’s cohabitant or former cohabitant. -(3) The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243. -(4) The mother or father of the offender’s child. -(c) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section. -(d) As used in this section, “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, -including, but not limited to, injury as a result of strangulation or suffocation, -whether of a minor or serious nature, caused by a physical force. -For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck. -(e) For the purpose of this section, a person shall be considered the father or mother of another person’s child if the alleged male parent is presumed the natural father under Sections 7611 and 7612 of the Family Code. -(f) (1) Any person convicted of violating this section for acts occurring within seven years of a previous conviction under subdivision (a), or subdivision (d) of Section 243, or Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000). -(2) Any person convicted of a violation of this section for acts occurring within seven years of a previous conviction under subdivision (e) of Section 243 shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine. -(g) If probation is granted to any person convicted under subdivision (a), the court shall impose probation consistent with the provisions of Section 1203.097. -(h) If probation is granted, or the execution or imposition of a sentence is suspended, for any defendant convicted under subdivision (a) who has been convicted of any prior offense specified in subdivision (f), the court shall impose one of the following conditions of probation: -(1) If the defendant has suffered one prior conviction within the previous seven years for a violation of any offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 15 days. -(2) If the defendant has suffered two or more prior convictions within the previous seven years for a violation of any offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 60 days. -(3) The court, upon a showing of good cause, may find that the mandatory imprisonment required by this subdivision shall not be imposed and shall state on the record its reasons for finding good cause. -(i) If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may include, consistent with the terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements: -(1) That the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097. -(2) (A) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. -(B) For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. An order to make payments to a battered women’s shelter shall not be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. -(j) Upon conviction under subdivision (a), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation. -(k) If a peace officer makes an arrest for a violation of this section, the peace officer is not required to inform the victim of his or her right to make a citizen’s arrest pursuant to subdivision (b) of Section 836. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SECTION 1. -Section 273.5 of the -Penal Code -is amended to read: -273.5. -(a)Every person who willfully inflicts corporal injury that results in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment. -(b)Subdivision (a) applies if the victim is or was one or more of the following: -(1)The offender’s spouse or former spouse. -(2)The offender’s cohabitant or former cohabitant. -(3)The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243. -(4)The mother or father of the offender’s child. -(c)Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as that term is used in this section. -(d)As used in this section, “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck. -(e)For the purpose of this section, a person shall be considered the father or mother of another person’s child if the alleged male parent is presumed the natural father under Sections 7611 and 7612 of the Family Code. -(f)(1)Every person convicted of violating this section for acts occurring within seven years of a previous conviction under subdivision (a), or subdivision (d) of Section 243, or Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000). -(2)Every person convicted of a violation of this section for acts occurring within seven years of a previous conviction under subdivision (e) of Section 243 shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine. -(g)If probation is granted to a person convicted under subdivision (a), the court shall impose probation consistent with the provisions of Section 1203.097. -(h)If probation is granted, or the execution or imposition of a sentence is suspended, for a defendant convicted under subdivision (a) who has been convicted of a prior offense specified in subdivision (f), the court shall impose one of the following conditions of probation: -(1)If the defendant has suffered one prior conviction within the previous seven years for a violation of an offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 15 days. -(2)If the defendant has suffered two or more prior convictions within the previous seven years for a violation of an offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 60 days. -(3)The court, upon a showing of good cause, may find that the mandatory imprisonment required by this subdivision shall not be imposed and shall state on the record its reasons for finding good cause. -(i)If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may include, consistent with the terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements: -(1)That the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097. -(2)(A)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. -(B)For an order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. An order to make payments to a battered women’s shelter shall not be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. -(j)Upon conviction under subdivision (a), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation. -(k)If a peace officer makes an arrest for a violation of this section, the peace officer is not required to inform the victim of his or her right to make a citizen’s arrest pursuant to subdivision (b) of Section 836.","Existing law makes it a crime, punishable by a fine, by imprisonment, or by both a fine and imprisonment, for a person to willfully inflict corporal -injury -injury, including, but not limited to, by strangulation or suffocation, -resulting in a traumatic condition upon a person with whom the defendant has been in a specified domestic relationship. -This bill would make technical, nonsubstantive changes to these provisions. -This bill would make it a crime, punishable by a fine, by imprisonment, or by both a fine and imprisonment, for a person to willfully inflict corporal injury resulting in a traumatic condition by strangulation or suffocation upon a person with whom the defendant has been in a specified domestic relationship. By increasing the duties of local prosecutors, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 273.5 of the Penal Code, relating to domestic violence." -242,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 52074.5 is added to the Education Code, to read: -52074.5. -(a) -(1) -Commencing with the 2016–17 fiscal year, the California Collaborative for Educational Excellence shall establish a statewide -infrastructure -process -to provide professional development training to school districts, county offices of education, and charter schools for the purpose of successfully utilizing the evaluation rubrics adopted by the state board pursuant to Section 52064.5. -(2) School districts, county offices of education, and charter schools that participate in professional development training are encouraged to include in the training all stakeholders that are involved in the development of a local control and accountability plan, including, but not limited to, teachers, principals, administrators, other school personnel, local bargaining units of the school district or county office of education, parents, pupils, and members of the community, as required pursuant to subdivision (e) of Section 47606.5, subdivision (g) of Section 52060, Section 52062, subdivision (g) of Section 52066, and Section 52068. -(b) The professional development training shall include, but shall not be limited to, all of the following: -(1) Information on how the evaluation rubrics are used for the development and implementation of the local control and accountability plans required pursuant to Sections 52060 and 52066, and the requirements of subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605 and subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6. -(2) Information on how the evaluation rubrics will be used to improve pupil outcomes, with emphasis on closing the achievement gap for unduplicated pupils, as defined in Section 42238.02, and the pupil subgroups identified in Section 52052. -(3) The role of statewide and local data in using the evaluation rubrics to inform the development of local control and accountability plans and to communicate with stakeholders. -(4) Information on how the evaluation rubrics will be used, in conjunction with local control and accountability plans, to establish a system of continuous improvement, as identified in subdivision (c) of Section 52064.5. -(c) The California Collaborative for Educational Excellence shall ensure that the professional development training is provided in each region of the state and available to all school districts, county offices of education, and charter schools. The California Collaborative for Educational Excellence may contract with one or more entities to provide the professional development training. -(d) (1) The California Collaborative for Educational Excellence shall submit an implementation plan to the relevant policy and fiscal committees of the Legislature, the Director of Finance, and the Legislative Analyst’s Office within 30 days of the state board’s adoption of the evaluation rubrics. The plan shall include relevant expenditure and provider information, and a timeline to commence training by no later than October 15, 2016. -(2) The implementation plan shall also include information on how the California Collaborative for Educational Excellence will determine the appropriate sequence of which local educational agencies will receive the professional development training. -(e) -(1) -During the 2017–18 fiscal year, the California Collaborative for Educational Excellence shall conduct a survey of school districts, county offices of education, and charter schools on how they used the evaluation rubrics to develop and implement their most recent local control and accountability plan, or meet the requirements of subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605 or subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. -(2) The California Collaborative for Educational Excellence may contract with one or more entities to develop, administer, monitor, and analyze the survey. -(f) This section shall not be implemented unless funding is provided for its purposes in the annual Budget Act or another enacted statute. -SEC. 2. -Section 52074.6 is added to the Education Code, to read: -52074.6. -(a) (1) During the 2016–17 and 2017–18 fiscal years, the California Collaborative for Educational Excellence shall implement a pilot program that will inform its long-term efforts to advise and assist school districts, county superintendents of schools, and charter schools in improving pupil outcomes pursuant to Section 52074. -(2) It is the intent of the Legislature that this pilot program be used to advise the governing board of the California Collaborative for Educational Excellence in their efforts to provide research based, quality advice and assistance to local educational agencies. Nothing in this section prohibits the California Collaborative for Educational Excellence from continuing to meet the requirements of Section 52074 in the 2016–17 fiscal year or in future fiscal years. -(b) On or before August 15, 2016, the governing board of the California Collaborative for Educational Excellence shall submit a plan for implementing the pilot program to the relevant policy and fiscal committees of the Legislature, the Director of Finance, and the Legislative Analyst’s Office. At a minimum, the plan shall describe all of the following: -(1) The goals of the pilot program, including, but not limited to, improving pupil outcomes related to the state priorities identified in Sections 52060 and 52066. -(2) The major implementation activities of the pilot program and the means for assessing whether the goals are met. -(3) An implementation timeline and a program budget, with anticipated expenditures and funding sources. -(c) (1) The Superintendent shall assign the California Collaborative for Educational Excellence to assist school districts, county offices of education, and charter schools in the pilot program. In making those assignments, the Superintendent shall consider input from the collaborative and any requests from school districts, county superintendents of schools, or charter schools to participate in the pilot program. -(2) To the extent possible, the pilot program shall include school districts, county offices of education, and charter schools from urban, suburban, and rural areas representing all regions of the state, as well as those with enrollment of unduplicated pupils, as defined in Section 42238.02, and the pupil subgroups identified in Section 52052. -(3) Participation by a local educational agency in the pilot program is voluntary and, notwithstanding Sections 52071 and 52071.5, participating local educational agencies shall not pay for any assistance provided pursuant to the pilot program. -(d) On or before November 1, 2018, the governing board of the California Collaborative for Educational Excellence shall report to the relevant policy and fiscal committees of the Legislature, the Director of Finance, and the Legislative Analyst’s Office about lessons learned from the pilot program and its implications for the ongoing work of the California Collaborative for Educational Excellence. -(e) This section shall not be implemented unless funding is provided for its purposes in the annual Budget Act or another enacted statute.","Existing law, on or before July 1, 2014, requires the governing board of each school district and each county board of education to adopt a local control and accountability plan and requires the governing board of each school district and each county board of education to update its local control and accountability plan on or before July 1 of each year. Existing law requires the local control and accountability plan to include certain elements, and requires the charter for a charter school to include some of those same elements. Existing law requires the State Board of Education, on or before October 1, 2016, to adopt evaluation rubrics to, among other things, assist a school district, county office of education, or charter school in evaluating its strengths, weaknesses, and areas that require improvement. Existing law establishes the California Collaborative for Educational Excellence for purposes of advising and assisting school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan. -This bill would require the collaborative, commencing with the 2016–17 fiscal year, to establish a statewide -infrastructure -process -to provide professional development training to school districts, county offices of education, and charter schools for the purpose of successfully utilizing the evaluation rubrics adopted by the state -board. -board and would encourage school districts, county offices of education, and charter schools that participate in professional development training to include in the training all stakeholders that are involved in the development of a local control and accountability plan, as provided. -The bill would require the professional development training to include, among other things, information on how the evaluation rubrics are used for the development and implementation of the local control and accountability plans and those similar elements in charter petitions, and information on how the evaluation rubrics will be used, in conjunction with local control and accountability plans, to establish a system of continuous improvement. The bill would require the collaborative to ensure that the professional development training is provided in each region of the state and is available to all school districts, county offices of education, and charter schools. The bill would require the collaborative to submit an implementation plan to the relevant policy and fiscal committees of the Legislature, the Director of Finance, and the Legislative Analyst’s Office within 30 days of the state board’s adoption of the evaluation rubrics, as specified. The bill also would require the collaborative, during the 2017–18 fiscal year, to conduct a survey of school districts, county offices of education, and charter schools on how they used the evaluation rubrics. -The bill would authorize the collaborative to contract with one or more entities to develop, administer, monitor, and analyze the survey. -The bill would require the collaborative, during the 2016–17 and 2017–18 fiscal years, to implement a pilot program that will inform its long-term efforts to advise and assist school districts, county superintendents of schools, and charter schools in improving pupil outcomes. The bill would require the Superintendent of Public Instruction to assign the collaborative to assist school districts, county offices of education, and charter schools in the pilot program, as provided, but participation in the pilot program by a local educational agency would be voluntary. The bill would require the governing board of the collaborative to submit to the relevant policy and fiscal committees of the Legislature, the Director of Finance, and the Legislative Analyst’s Office, an implementation plan for the pilot program on or before August 15, 2016, as specified, and a report about lessons learned from the pilot program and its implications for the ongoing work of the collaborative on or before November 1, 2018. -The bill would make the implementation of its provisions contingent upon funds being appropriated for its purposes in the annual Budget Act or another enacted statute.","An act to add Sections 52074.5 and 52074.6 to the Education Code, relating to school accountability." -243,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) According to the United States Department of Housing and Urban Development’s report to Congress, 115,738 people were estimated to be homeless in California in 2014, a rate that is unprecedented following a deep and prolonged economic recession, a severe shortage of safe and affordable housing, a failed veteran and civilian mental health system, and a diminished social safety net. -(b) According to the United States Department of Education, 284,086 schoolchildren were known to have experienced homelessness in the 2013–14 school year. -(c) Homelessness is an independent risk factor for a number of illnesses, making people more susceptible to increased health problems due to high stress, sleep deprivation, unsanitary surroundings, lack of access to hygiene facilities, and a myriad of other situational stressors experienced by people without stable housing. Subsequently, people who are chronically homeless are more medically frail and three to four times more likely to die prematurely than their housed counterparts. -(d) Throughout California, local governments have enacted ordinances that make it illegal to rest or receive nourishment in public spaces. -(e) Ending homelessness in California will require significant state and federal resources and there is ample evidence that policies that invest in ending homelessness, rather than criminalizing and marginalizing people who are experiencing homelessness, adequately balance the needs of all parties: community residents, government agencies, businesses, and men and women who are experiencing homelessness. -(f) Passing this act will not reduce homelessness, but neither will local ordinances that criminalize homelessness. Instead, ordinances that criminalize homelessness result in increased incarceration rates and financial indebtedness of people who simply have no means of support and prolong homelessness by making it more difficult for people to secure housing, employment, and medical care. Criminalization policies further marginalize men and women who are experiencing homelessness, fuel inflammatory attitudes, and may even unduly restrict constitutionally protected liberties. -(g) That is why, on September 18, 2015, the United States Department of Housing and Urban Development included in the annual Notice of Funding Availability for the 2015 Continuum of Care Program -funding competition, -Competition -provisions that would award additional points to any application that could include steps the community is taking to reduce criminalization of homelessness. -(h) It is also why, on August 6, 2015, the United States Department of Justice submitted a rare statement of interest in a United States District Court in opposition to the criminalization of people who are homeless, calling it cruel and unusual punishment to punish someone for a crime with the potential for imprisonment and a violation of constitutional rights. -(i) While these ordinances apply to all residents, they disproportionately impact people without homes, who have no private place to rest or seek nourishment, and are often selectively applied by law enforcement to people based upon their appearance or an assumption of homelessness. -(j) In practice, these ordinances deprive persons experiencing homelessness and those who may be perceived as homeless of a safe and legal place to rest and seek nourishment, which adversely impacts their health and well-being. -(k) Sleep deprivation impairs cognitive processes and puts one at risk for obesity, heart disease, heart attack, heart failure, irregular heartbeat, high blood pressure, stroke, diabetes, and depression. People who are homeless suffer from sleep deprivation and, absent a place to rest, they suffer it more frequently. -(l) Because current practices have denied the right to adequate legal representation to people cited or arrested while resting or sharing food, homeless persons are often denied relief or damages through the courts. -(m) Both the federal government, through its Interagency Council on Homelessness, and the United Nations have recognized that discrimination and criminalization violate a homeless person’s human rights and have called upon state and local governments to cease enactment and enforcement of those laws. -(n) Homelessness and the increasing criminalization of homelessness and discrimination against those experiencing homelessness are widespread throughout California and are matters of statewide concern. -(o) Section 1 of Article I of the California Constitution provides that “[a]ll people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy,” without qualification as to whether or not a person is, or appears to be, homeless. -(p) Subdivision (a) of Section 7 of Article I of the California Constitution provides that “[a] person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws ... .” -(q) Concordant with this fundamental belief, a person should not be subject to discrimination based on his or her income, housing status, or ability or desire to appear housed. Therefore, it is the intent of the Legislature in enacting this legislation to protect the rights of all Californians, regardless of their housing status, and ameliorate the adverse effects caused by the criminalization of homelessness on our communities and our citizens. -(r) Decriminalization of rest allows municipal governments to redirect resources from local enforcement activities to activities that address the root causes of homelessness and poverty. -SEC. 2. -Part 2.2 (commencing with Section 53.8) is added to Division 1 of the Civil Code, to read: -PART 2.2. Homeless Persons -53.8. -For purposes of this part, the following definitions shall apply: -(a) “Homeless persons,” “homeless people,” or “persons experiencing homelessness” means those individuals or members of families who lack a fixed, regular, and adequate nighttime residence, including people defined as homeless using the criteria established in the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009. -(b) “Public space” means any property that is owned by a government entity or -any property -upon which there is an easement for public use and that is held open to the public, including, but not limited to, plazas, courtyards, parking lots, sidewalks, public transportation facilities and services, public buildings, shopping centers, and parks. -The ability to rest shall not apply to a public space during a time it is closed to all persons or when a fee is required for entry or use. -(c) “Rest” means the state of not moving, holding certain postures that include, but are not limited to, sitting, standing, leaning, kneeling, squatting, sleeping, or lying. -53.81. -(a) It is the intent of the Legislature that this section be interpreted broadly so as to prohibit policies or practices that are discriminatory in either their purpose or effect. -(b) Persons experiencing homelessness shall be permitted to use public space in the ways described in this section at any time that the public space is open to the public without discrimination based upon their housing status, and without being subject to criminal, civil, or administrative penalties. Permitted use of the public space include, but are not limited to, all of the following: -(1) Free movement without restraint. -(2) Sleeping or resting, and protecting oneself from the elements while sleeping or resting in a nonobstructive manner. -(3) Eating, sharing, accepting, or giving food in a space in which having food is not otherwise generally prohibited. -(4) Praying, meditating, worshiping, or practicing religion. -(c) Nothing in this section shall prevent law enforcement from enforcing laws to protect the right of people to use the sidewalk pursuant to the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). -(d) Nothing in this section shall prevent law enforcement from enforcing the Penal Code, except subdivision (e) of Section 647 of the Penal Code, so far as it prohibits -rest. -rest in public spaces as defined in subdivision (b) of Section 53.8. -53.82. -(a) Any person whose rights have been violated pursuant to this part may enforce those rights in a civil action. -(b) The court may award appropriate injunctive and declaratory relief, restitution for loss of property or personal effects and belongings, actual damages, compensatory damages, exemplary damages, statutory damages of one thousand dollars ($1,000) per violation, and reasonable attorney’s fees and costs to a prevailing plaintiff. -SEC. 3. -Section 11139.2 is added to the Government Code, to read: -11139.2. -To improve monitoring of discrimination based upon housing status and violations of Part 2.2 (commencing with Section 53.8) of Division 1 of the Civil Code, and to ensure that people who are experiencing homelessness are not unlawfully denied full and equal access to the benefits of state-funded programs or assistance, or unlawfully subjected to discrimination, all applicants for the United States Department of Housing and Urban Development’s Continuum of Care Homeless Assistance Program shall annually provide to the Department of Housing and Community Development’s Division of Housing Policy Development a copy of its application for funding from the United States Department of Housing and Urban Development that includes the organization’s response to the application question regarding steps that its community is taking to reduce criminalization of homelessness. -Notwithstanding Section 10231.5, the Department of Housing and Community Development shall compile the information regarding community actions to reduce criminalization of homelessness found in those applications and provide an annual report to the Assembly Housing and Community Development Committee and the Senate Transportation and Housing Committee. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides that no person shall, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. -This bill would afford persons experiencing homelessness the right to use public spaces without discrimination based on their housing status and describe basic human and civil rights that may be exercised without being subject to criminal or civil sanctions, including the right to use and to move freely in public spaces, the right to rest in public spaces and to protect oneself from the elements, the right to eat in any public space in which having food is not prohibited, and the right to perform religious observances in public spaces, as specified. The bill would state the intent of the Legislature that these provisions be interpreted broadly so as to prohibit policies or practices that are discriminatory in either their purpose or effect. -The bill would authorize a person whose rights have been violated pursuant to these provisions to enforce those rights in a civil action in which the court may award the prevailing plaintiff injunctive and declaratory relief, restitution, damages, statutory damages of $1,000 per violation, and fees and costs. -The bill would also require all applicants for the United States Department of Housing and Urban Development’s Continuum of Care Homeless Assistance Program to annually provide to the Department of Housing and Community Development’s Division of Housing Policy Development a copy of its application for funding from the United States Department of Housing and Urban Development that includes the organization’s response to the application question regarding steps that its community is taking to reduce criminalization of homelessness. Because the bill would require local agencies to perform additional duties, it would impose a state-mandated local program. -The bill would require the Department of Housing and Community Development to compile the information regarding community actions to reduce criminalization of homelessness found in those applications and provide a report to the Assembly Housing and Community Development Committee and the Senate Transportation and Housing Committee -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Part 2.2 (commencing with Section 53.8) to Division 1 of the Civil Code, and to add Section 11139.2 to, the Government Code, relating to homelessness." -244,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Information and data regarding violent deaths can help provide states and communities with a clearer understanding of violent deaths and therefore lead to better prevention of violent deaths. -(b) According to the federal Centers for Disease Control and Prevention (CDC), in the United States, violence accounts for approximately 56,000 deaths annually. Violent deaths result from the intentional use of physical force or power against oneself, another person, or a group or community, and include suicide, homicide, and legal intervention deaths. Violence adversely affects all Americans, not only through premature death, but also through medical costs and lost productivity. -(c) The CDC further notes that the cost of these deaths totaled $47.2 billion: $47 billion in work loss costs and $215 million in medical treatment. -(d) In 2002, the National Violent Death Reporting System (NVDRS) was established as a surveillance system that pulls together data on violent deaths. NVDRS collects information from death certificates, coroner or medical examiner reports, police reports, and crime laboratories. -(e) NVDRS data inform decisionmakers and program planners about the magnitude, trends, and characteristics of violent deaths in a particular state or community so appropriate prevention efforts can be identified and implemented, and the data facilitate the evaluation of state-based prevention programs and strategies. -(f) According to NVDRS, a national system will allow the CDC to provide information for every state to inform their prevention efforts. It will also ensure enhanced information on the national scope of the problem of violent deaths is available to monitor and track trends and to inform national efforts. -SEC. 2. -Article 3 (commencing with Section 131230) is added to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, to read: -Article 3. Electronic Violent Death Reporting System -131230. -(a) To the extent that funding is appropriated by the Legislature or available through private funds in each fiscal year, the department shall establish and maintain the California Electronic Violent Death Reporting System. -(b) The department shall collect data on violent deaths as reported from data sources, including, but not limited to, death certificates, law enforcement reports, and coroner or medical examiner reports. The department shall post on its Internet Web site a summary and analysis of the collected data. -(c) (1) The department may enter into a contract, grant, or other agreement with a local agency to collect the data specified in subdivision (b) within the agency’s jurisdiction. -(2) (A) The department may enter into a contract, grant, or other agreement with a local agency to collect the data specified in subdivision (b) from other local agencies if the following conditions are met: -(i) The local agency entering into the agreement agrees to collect the data from the other local agencies. -(ii) The local agency entering into the agreement is not responsible for reporting to the department data that have not been made available by the other local agencies. -(B) The other local agencies described in subparagraph (A) may also enter into their own agreements with the department pursuant to paragraph (1). -(3) The data collected pursuant to paragraph (1) or (2) shall be limited to data that the local agency entering into the agreement or the other local agencies are authorized to collect within their respective jurisdictions. -(4) A local agency entering into an agreement pursuant to paragraph (1) or (2) shall collect data based on existing or new data elements required by the California Electronic Violent Death Reporting System only to the extent that resources are made available. -(d) To the extent that funding is available for this purpose, a law enforcement agency may report to the department data on the circumstances surrounding all violent deaths from investigative reports and, if available, laboratory toxicology reports to be used by the department for the limited purpose of conducting public health surveillance and epidemiology. Aggregate data shall be public, but individual identifying information shall remain confidential. The collected data shall be based on the data elements of the federal Centers for Disease Control and Prevention’s National Violent Death Reporting System. -(e) The department may apply for grants provided under the National Violent Death Reporting System for purposes of implementing this section. -(f) The department may accept private or foundation moneys to implement this section. -(g) This section does not limit data sources that the department may collect, which may include any public agency document that may contain data on violent deaths. -131231. -For purposes of this article, “violent death” means a death resulting from the use of physical force or power against oneself, another person, or a group or community, and includes, but is not limited to, homicide, suicide, legal intervention deaths, unintentional firearm deaths, and undetermined intent deaths.","Existing law establishes the State Department of Public Health, which is responsible for various programs relating to the health and safety of people in the state, including licensing health facilities, regulating food and drug safety, and monitoring and preventing communicable and chronic diseases. -This bill would, to the extent that funding is appropriated by the Legislature or available through private funds in each fiscal year, require the department to establish and maintain the California Electronic Violent Death Reporting System. The bill would further require the department to collect data on violent deaths, as specified, and to post on the department’s Internet Web site a summary and analysis of the collected data. The bill would authorize the department to enter into a contract, grant, or other agreement with a local agency to collect certain data, within the agency’s own jurisdiction or through other local agencies, as specified, and would authorize the department to apply for grants to implement these provisions. The bill would, to the extent that funding is available for this purpose, authorize a law enforcement agency to report to the department data on the circumstances surrounding all violent deaths from investigative reports and laboratory toxicology reports to be used by the department for the limited purpose of conducting public health surveillance and epidemiology. The bill would also make related legislative findings and declarations.","An act to add Article 3 (commencing with Section 131230) to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, relating to public health." -245,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 510.5 is added to the Labor Code, to read: -510.5. -(a) This section shall be known, and may be cited as, the Reliable Scheduling Act of 2016. -(b) The provisions of this section are in addition to and independent of any other rights, remedies, or procedures available under any other law and do not diminish, alter, or negate any other legal rights, remedies, or procedures available to an aggrieved person. -(c) For the purposes of this section, the following terms have the following meanings: -(1) “Employee” means any individual except those exempt from the payment of an overtime rate of compensation for executive, administrative, and professional employees pursuant to wage orders by the Industrial Welfare Commission, as described in Section 515. -(2) “Employer” means a grocery store establishment, a restaurant, or a retail store establishment. -(3) “Grocery store establishment” means a physical store within the state that sells primarily household foodstuffs for offsite consumption, including, but not limited to, the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, and baked or prepared foods. Other household supplies or products are secondary to the primary purpose of food sales. -(4) “Merchandise” means material goods or consumables. -(5) (A) “Modification pay” means compensation in addition to an employee’s regular pay awarded for changes to an employee’s work schedule with less than seven days’ notice, as required in this section. -(B) Modification pay shall be calculated based on an employee’s hourly wage. If the employee, in the 90 days of employment prior to earning modification pay, had different hourly rates, was paid by commission or piece rate, or was a nonexempt salaried employee, the rate of pay to be used to calculate modification pay shall be calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment. -(6) “Restaurant” means any retail establishment serving food or beverages for onsite consumption, including, but not limited to, a restaurant, coffee shop, cafeteria, or café. -(7) “Retail store establishment” means a physical store within the state with more than 50 percent of its revenue generated from merchandise subject to the state’s sales and use tax, including, but not limited to, electronics, appliances, clothing, furniture, sporting goods, health and personal products, or a limited line of food products for onsite consumption. -(8) “Shift” means designated hours of work by an employee, with a designated beginning time and ending time. -(9) “Work schedule” means a written or electronic document that lists all scheduled shifts for all employees for at least 21 consecutive calendar days. -(d) (1) An employer shall provide its employees with a work schedule at least seven calendar days prior to the first shift on that work schedule. -(2) An employer may create separate work schedules for each department. -(3) All hours of work for all employees of an employer shall meet the definition of shift in subdivision (c). -(4) This section shall not be construed to prohibit an employer from providing greater advance notice of an employee’s work schedule or changes in an employee’s work schedule. -(5) This section shall not prohibit an employee from requesting additional or fewer hours of work. -(e) An employer shall provide an employee with modification pay, per shift, for each previously scheduled shift that the employer cancels or moves to another date or time or for any previously unscheduled shift that the employer requires an employee to work as follows: -(1) If less than seven days’ notice but more than 24 hours’ notice is given to the employee, the employee shall receive modification pay equal to or greater than one hour at the employee’s regular rate of pay. -(2) If less than 24 hours’ notice is given to the employee, the employee shall receive modification pay equal to or greater than half of that shift’s scheduled hours at the employee’s regular rate of pay, but in no event for less than two hours nor more than four hours. -(3) Modification pay required by this subdivision shall be in addition to an employee’s regular pay for working that shift. -(f) Subdivision (e) shall not apply to changes in the scheduling of rest periods, recovery periods, or meal periods. -(g) For each on-call shift for which an employee is required to be available but is not called in to work that shift, an employee shall receive modification pay equal to or greater than half of that shift’s scheduled hours at the employee’s regular rate of pay. -(h) Subdivisions (e) and (g) shall not apply to shifts for which an employee is compensated with reporting time pay as required by any wage order of the Industrial Welfare Commission. -(i) The requirements in subdivisions (e) and (g) shall not apply, and an employer shall not be deemed to have violated subdivision (e) or (g), under any of the following circumstances: -(1) Operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue. -(2) Operations cannot begin or continue because public utilities fail to supply electricity, water, or gas or there is a failure in the public utilities or sewer system. -(3) Operations cannot begin or continue due to an act of God or other cause not within the employer’s control, including, but not limited to, an earthquake or a state of emergency declared by a local government or the Governor. -(4) Another employee previously scheduled to work that shift is unable to work due to illness, vacation, or employer-provided paid or unpaid time off required by existing law or bona fide collective bargaining agreement when the employer did not receive at least seven days’ notice of the other employee’s absence. -(5) Another employee previously scheduled to work that shift has not reported to work on time, is fired, sent home as a disciplinary action, or told to stay at home as a disciplinary action. -(6) Two employees have mutually agreed to trade shifts. -(7) The employer requires the employee to work overtime, such as mandatory overtime. -(j) (1) In each workplace of the employer, the employer shall display a poster in a conspicuous place containing all the information in paragraph (2). The Labor Commissioner shall create a poster containing the information in paragraph (2) and shall make it available to all employers. -(2) The poster shall state all of the following: -(A) An employee of an employer is entitled to modification pay. -(B) The amount of modification pay provided for by this section. -(C) An employee has the right under this section to file a complaint with the Labor Commissioner against an employer that retaliates or discriminates against the employee. -(3) An employer that willfully violates paragraph (1) shall be subject to a civil penalty of not more than one hundred dollars ($100) for each offense. -(k) An employer shall keep for at least three years records documenting the hours worked and modification pay awarded and shall allow the Labor Commissioner to access these records pursuant to the requirements in Section 1174. An employer shall make these records available to an employee in the same manner as described in Section 226. -(l) (1) An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for filing a complaint with the appropriate enforcement agency or alleging a violation of this section, cooperating in an investigation or prosecution of an alleged violation of this section, or opposing any policy, practice or act that is prohibited by this section. -(2) There shall be a rebuttable presumption of unlawful retaliation if an employer discharges, threatens to discharge, demotes, suspends, or in any manner discriminates against an employee within 30 days of any of the following: -(A) The filing of a complaint by the employee with the Labor Commissioner or alleging a violation of this section. -(B) The cooperation of an employee with an investigation or prosecution of an alleged violation of this section. -(C) Opposition by the employee to a policy, practice, or act that is prohibited by this section. -(m) The Labor Commissioner shall enforce this section, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation or to maintain the status quo, pending the completion of a full investigation or hearing. -(n) (1) If the Labor Commissioner, after a hearing that contains adequate safeguards to ensure that the parties are afforded due process, determines that a violation of this section has occurred, he or she may order any appropriate relief, including, but not limited to, reinstatement, backpay, the payment of modification pay unlawfully withheld, and the payment of an additional sum in the form of an administrative penalty, to an employee or other person whose rights under this section were violated. -(2) If modification pay was unlawfully withheld, the dollar amount of modification pay withheld from the employee multiplied by three or two hundred fifty dollars ($250), whichever amount is greater, but not to exceed an aggregate penalty of four thousand dollars ($4,000), shall be included in the administrative penalty. -(3) If a violation of this section results in other harm to the employee or person, such as discharge from employment, or otherwise results in a violation of the rights of the employee or person, the administrative penalty shall include a sum of fifty dollars ($50) for each day or portion thereof that the violation occurred or continued, not to exceed an aggregate penalty of four thousand dollars ($4,000). -(o) Where prompt compliance by an employer is not forthcoming, the Labor Commissioner may take any appropriate enforcement action to secure compliance, including the filing of a civil action. In compensation to the state for the costs of investigating and remedying the violation, the commissioner may order the violating employer to pay to the state a sum of not more than fifty dollars ($50) for each day or portion of a day a violation occurs or continues for each employee or other person whose rights under this section were violated. -(p) An employee or other person may report to the Labor Commissioner a suspected violation of this section. The commissioner shall encourage reporting pursuant to this subdivision by keeping confidential, to the maximum extent permitted by applicable law, the name and other identifying information of the employee or person reporting the violation. However, the commissioner may disclose that employee’s or person’s name and identifying information as necessary to enforce this section or for other appropriate purposes, upon the authorization of that employee or person. -(q) The Labor Commissioner, the Attorney General, an employee or person aggrieved by a violation of this section, or an entity a member of which is aggrieved by a violation of this section may bring a civil action in a court of competent jurisdiction against the employer or other person violating this section and, upon prevailing, shall be entitled to collect legal or equitable relief on behalf of the aggrieved as may be appropriate to remedy the violation, including, but not limited to, reinstatement, backpay, the payment of modification pay unlawfully withheld, the payment of an additional sum, not to exceed an aggregate penalty of four thousand dollars ($4,000), as liquidated damages in the amount of fifty dollars ($50) to each employee or person whose rights under this section were violated for each day or portion thereof that the violation occurred or continued, plus, if the employer has unlawfully withheld modification pay to an employee, the dollar amount of modification pay withheld from the employee multiplied by three or two hundred fifty dollars ($250), whichever amount is greater, and reinstatement in employment or injunctive relief, and further shall be awarded reasonable attorney’s fees and costs, provided, however, that any person or entity enforcing this section on behalf of the public as provided for under applicable state law shall, upon prevailing, be entitled only to equitable, injunctive, or restitutionary relief, and reasonable attorney’s fees and costs. -(r) In an administrative or civil action brought under this section, the Labor Commissioner or court, as the case may be, shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code. -(s) The remedies, penalties, and procedures provided under this section are cumulative. -(t) The Labor Commissioner may promulgate all regulations and rules of practice and procedures necessary to carry out the provisions of this section. -(u) A violation of this section shall not be a misdemeanor under Section 553. -SECTION 1. -Section 600 of the -Labor Code -is amended to read: -600. -As used in this chapter, unless the context otherwise indicates, the following definitions shall apply: -(a)“Railroad” means any steam railroad, electric railroad, or railway, operated in whole or in part in this state. -(b)“Railroad corporation” means a corporation or receiver operating a railroad. -(c)“Trainman” means a conductor, motorman, engineer, fireman, brakeman, train dispatcher, or telegraph operator, employed by or working in connection with a railroad.","Existing law governs the relationship between an employer and an employee with regard to hiring, promotion, discipline, wages and hours, working conditions, and administrative and judicial remedies. Existing law authorizes the Labor Commissioner to investigate employee complaints and to conduct a hearing in any action to recover wages, penalties, and other demands for compensation. -This bill would require an employer, which includes a grocery store establishment, restaurant, or retail store establishment, to provide its employees with a work schedule at least 7 calendar days prior to the first shift on that work schedule, except as specified. The bill would require an employer, except as specified, to pay its employees modification pay for each previously scheduled shift that the employer cancels or moves to another date or time, for any previously unscheduled shift that the employer requires an employee to work, or for each on-call shift for which an employee is required to be available but is not called in to work that shift. The bill would require an employer to post a poster containing specified information regarding an employee’s right to receive modification pay and would require the Labor Commissioner to create the poster and make it available. The bill would define terms for those purposes, including, among others, a grocery store establishment, restaurant, or retail store establishment. -The bill would require the Labor Commissioner to enforce these requirements, including the investigation, mitigation, and relief of violations of these requirements. The bill would authorize the Labor Commissioner to impose specified administrative fines for violations and would authorize the commissioner, the Attorney General, an employee or person aggrieved by a violation of these provisions, or an entity a member of which is aggrieved by a violation of these provisions to recover specified civil penalties against an offender who violated these provisions on behalf of the aggrieved, as well as attorney’s fees, costs, and interest. -The bill would not apply to certain categories of employees who meet specified requirements. -Existing law regulates railroad employee hours, and sets forth various penalties for violation of those provisions. -This bill would make nonsubstantive changes to those provisions.","An act to -amend -add -Section -600 of -510.5 to -the Labor Code, relating to private employment." -246,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California is experiencing an extreme housing shortage with 2.2 million extremely low income and very low income renter households competing for only 664,000 affordable rental homes. This leaves more than 1.54 million of California’s lowest income households without access to affordable housing. -(b) While homelessness across the United States is in an overall decline, homelessness in California is rising. In 2015, California had 115,738 homeless people, which accounted for 21 percent of the nation’s homeless population. This is an increase of 1.6 percent from the prior year. California also had the highest rate of unsheltered people, at 64 percent or 73,699 people; the largest numbers of unaccompanied homeless children and youth, at 10,416 people or 28 percent of the national total; the largest number of veterans experiencing homelessness, at 11,311 or 24 percent of the national homeless veteran population; and the second largest number of people in families with chronic patterns of homelessness, at 22,582 or 11 percent of the state’s homeless family population. -(c) California is home to 21 of the 30 most expensive rental housing markets in the country, which has had a disproportionate impact on the middle class and the working poor. California requires the third highest wage in the country to afford housing, behind Hawaii and Washington, D.C. The fair market rent, which indicates the amount of money that a given property would require if it were open for leasing, for a two-bedroom apartment is $1,386. To afford this level of rent and utilities, without paying more than 30 percent of income on housing, a household must earn an hourly “housing wage” of $26.65 per hour. This means that a person earning minimum wage must work an average of three jobs to pay the rent for a two-bedroom unit. In some areas of the state, these numbers are even higher. -(d) Low-income families are forced to spend more and more of their income on rent, which leaves little else for other basic necessities. Many renters must postpone or forgo home ownership, live in more crowded housing, commute further to work, or, in some cases, choose to live and work elsewhere. -(e) California has seen a significant reduction of state funding in recent years. The funds from Proposition 46 of 2002 and Proposition 1C of 2006, totaling nearly $5 billion for a variety of affordable housing programs, have been expended. Combined with the loss of redevelopment funds, $1.5 billion of annual state investment dedicated to housing has been lost, leaving several critical housing programs unfunded. -(f) High housing costs and the shortage of housing stock in California directly affect the future health of California’s economy and, given the staggering numbers indicated above, bold action is necessary. Investment in existing and successful housing programs to expand the state’s housing stock should benefit California’s homeless and low-income earners, as well as some of the state’s most vulnerable populations, including foster and at-risk youth, persons with developmental and physical disabilities, farmworkers, the elderly, single parents with children, and survivors of domestic violence. Investments should also be made in housing for Medi-Cal recipients served through a county’s Section 1115 Waiver Whole Person Care Pilot program and family day care providers. -(g) Investment in housing creates jobs and provides local benefits. The estimated one-year impacts of building 100 rental apartments in a typical local area include $11.7 million in local income, $2.2 million in taxes and other revenue for local governments, and 161 local jobs or 1.62 jobs per apartment. The additional annually recurring impacts of building 100 rental apartments in a typical local area include $2.6 million in local income, $503,000 in taxes and other revenue for local governments, and 44 local jobs or .44 jobs per apartment. -SEC. 2. -Part 16 (commencing with Section 54000) is added to Division 31 of the Health and Safety Code, to read: -PART 16. Affordable Housing Bond Act of 2018 -CHAPTER 1. General Provisions -54000. -This part shall be known, and may be cited, as the Affordable Housing Bond Act of 2018. -54002. -As used in this part, the following terms have the following meanings: -(a) “Board” means the Department of Housing and Community Development for programs administered by the department, and the California Housing Finance Agency for programs administered by the agency. -(b) “Committee” means the Housing Finance Committee created pursuant to Section 53524 and continued in existence pursuant to Sections 53548 and 54014. -(c) “Fund” means the Affordable Housing Bond Act Trust Fund of 2018 created pursuant to Section 54006. -54004. -This part shall only become operative upon adoption by the voters at the November 6, 2018, statewide general election. -CHAPTER 2. Affordable Housing Bond Act Trust Fund of 2018 and Program -54006. -The Affordable Housing Bond Act Trust Fund of 2018 is hereby created within the State Treasury. It is the intent of the Legislature that the proceeds of bonds deposited in the fund shall be used to fund the housing-related programs described in this chapter. The proceeds of bonds issued and sold pursuant to this part for the purposes specified in this chapter shall be allocated in the following manner: -(a) One billion five hundred million dollars ($1,500,000,000) to be deposited in the Multifamily Housing Account, which is hereby created in the fund. Upon appropriation by the Legislature, the moneys in the account may be appropriated for the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2, to be expended to assist in the new construction, rehabilitation, and preservation of permanent and transitional rental housing for persons with incomes of up to 60 percent of the area median income (AMI). -(b) Six hundred million dollars ($600,000,000) to be deposited in the Transit-Oriented Development and Infill Infrastructure Account, which is hereby created within the fund. The moneys in the account shall be used for the following purposes: -(1) -Three -Two -hundred million dollars -($300,000,000) -($200,000,000) -to be deposited into the Transit-Oriented Development Implementation Fund, established pursuant to Section 53561, for expenditure, upon appropriation by the Legislature, pursuant to the Transit-Oriented Development Implementation Program authorized by Part 13 (commencing with Section 53560) to provide local assistance to cities, counties, cities and counties, transit agencies, and developers for the purpose of developing or facilitating the development of higher density uses within close proximity to transit stations that will increase public transit ridership. These funds may also be expended for any authorized purpose of this program. -(2) Three hundred million dollars ($300,000,000) to be deposited in the Infill Infrastructure Financing Account, which is hereby created within the fund. Moneys in the account shall be available, upon appropriation by the Legislature, for infill incentive grants to assist in the new construction and rehabilitation of infrastructure that supports high-density affordable and mixed-income housing in locations designated as infill, including, but not limited to, any of the following: -(A) Park creation, development, or rehabilitation to encourage infill development. -(B) Water, sewer, or other public infrastructure costs associated with infill development. -(C) Transportation improvements related to infill development projects. -(D) Traffic mitigation. -These funds may also be expended for any authorized purpose of this program. -(3) One hundred million dollars ($100,000,000) to be deposited into the Building Equity and Growth in Neighborhoods (BEGIN) Program Fund, established pursuant to Section 50860, for expenditure, upon appropriation by the Legislature, pursuant to the BEGIN Program authorized by Chapter 14.5 (commencing with Section 50860) of Part 2 to make grants to qualifying cities, counties, or cities and counties that shall be used for downpayment assistance to qualifying first-time home buyers or low- and moderate-income buyers purchasing newly constructed homes in a BEGIN project. These funds may also be expended for any authorized purpose of this program. -(c) Six hundred million dollars ($600,000,000) to be deposited in the Special Populations Housing Account, which is hereby created within the fund. The moneys in the account shall be used for the following purposes: -(1) Three hundred million dollars ($300,000,000) to be deposited in the Joe Serna, Jr. Farmworker Housing Grant Fund, established pursuant to Section 50517.5, for expenditure, upon appropriation by the Legislature, to fund grants or loans, or both, for local public entities, nonprofit corporations, limited liability companies, and limited partnerships, for the construction or rehabilitation of housing for agricultural employees and their families or for the acquisition of manufactured housing as part of a program to address and remedy the impacts of current and potential displacement of farmworker families from existing labor camps, mobilehome parks, or other housing. These funds may also be expended for any authorized purpose of this program. -(2) Three hundred million dollars ($300,000,000) to be deposited in the Local Housing Trust Matching Grant Program Account, which is hereby created within the fund. Moneys in the account shall be available, upon appropriation by the Legislature, to fund competitive grants or loans to local housing trust funds that develop, own, lend, or invest in affordable housing and used to create pilot programs to demonstrate innovative, cost-saving approaches to creating or preserving affordable housing. Local housing trust funds shall be derived on an ongoing basis from private contribution or governmental sources that are not otherwise restricted in use for housing programs. These funds may also be expended for any authorized purpose of this program. -(d) Three hundred million dollars ($300,000,000) to be deposited in the Home Ownership Development Account, which is hereby created within the fund. The moneys in the account shall be, upon appropriation by the Legislature, available for the CalHome Program authorized by Chapter 6 (commencing with Section 50650) of Part 2, to provide direct, forgivable loans to assist development projects involving multiple home ownership units, including single-family subdivisions, for self-help mortgage assistance programs, and for manufactured homes. These funds may also be expended for any authorized purpose of this program. -54008. -(a) The Legislature may, from time to time, amend any law related to programs to which funds are, or have been, allocated pursuant to this chapter for the purposes of improving the efficiency and effectiveness of those programs or to further the goals of those programs. -(b) The Legislature may amend this chapter to reallocate the proceeds of bonds issued and sold pursuant to this part among the programs to which funds are to be allocated pursuant to this chapter as necessary to effectively promote the development of affordable housing in this state. -CHAPTER 3. Fiscal Provisions -54010. -Bonds in the total amount of three billion dollars ($3,000,000,000), exclusive of refunding bonds issued pursuant to Section 54026, or so much thereof as is necessary as determined by the committee, are hereby authorized to be issued and sold for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. All bonds herein authorized which have been duly issued, sold, and delivered as provided herein shall constitute valid and binding general obligations of the state, and the full faith and credit of the state is hereby pledged for the punctual payment of both principal of and interest on those bonds when due. -54012. -The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), except subdivisions (a) and (b) of Section 16727 of the Government Code to the extent that those provisions are inconsistent with this part, and all of the provisions of that law as amended from time to time apply to the bonds and to this part, except as provided in Section 54028, and are hereby incorporated in this part as though set forth in full in this part. -54014. -(a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this part, the committee is continued in existence. For the purposes of this part, the Housing Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. -(b) The committee may adopt guidelines establishing requirements for administration of its financing programs to the extent necessary to protect the validity of, and tax exemption for, interest on the bonds. The guidelines shall not constitute rules, regulations, orders, or standards of general application and are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. -(c) For the purposes of the State General Obligation Bond Law, the Department of Housing and Community Development is designated the “board” for programs administered by the department, and the California Housing Finance Agency is the “board” for programs administered by the agency. -54016. -Upon request of the board stating that funds are needed for purposes of this part, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out the actions specified in Section 54006, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and are not required to be sold at any one time. Bonds may bear interest subject to federal income tax. -54018. -There shall be collected annually, in the same manner and at the same time as other state revenue is collected, a sum of money in addition to the ordinary revenues of the state, sufficient to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collections of state revenues to do or perform each and every act which is necessary to collect that additional sum. -54020. -Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this part, an amount that will equal the total of both of the following: -(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this part, as the principal and interest become due and payable. -(b) The sum which is necessary to carry out Section 54024, appropriated without regard to fiscal years. -54022. -The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for purposes of this part. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold, excluding any refunding bonds authorized pursuant to Section 54026, for purposes of this part, less any amount withdrawn pursuant to Section 54024. The board shall execute any documents as required by the Pooled Money Investment Board to obtain and repay the loan. Any amount loaned shall be deposited in the fund to be allocated in accordance with this part. -54024. -For purposes of carrying out this part, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of any amount or amounts not to exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold, excluding any refunding bonds authorized pursuant to Section 54026, for purposes of this part, less any amount withdrawn pursuant to Section 54022. Any amounts withdrawn shall be deposited in the fund to be allocated in accordance with this part. Any moneys made available under this section shall be returned to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from moneys received from the sale of bonds which would otherwise be deposited in that fund. -54026. -The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code. Approval by the electors of this act shall constitute approval of any refunding bonds issued to refund bonds issued pursuant to this part, including any prior issued refunding bonds. Any bond refunded with the proceeds of a refunding bond as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing that refunded bond. -54028. -Notwithstanding any provisions in the State General Obligation Bond Law, the maturity date of any bonds authorized by this part shall not be later than 35 years from the date of each such bond. The maturity of each series shall be calculated from the date of each series. -54030. -The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this part are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. -54032. -Notwithstanding any provision of the State General Obligation Bond Law with regard to the proceeds from the sale of bonds authorized by this part that are subject to investment under Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, the Treasurer may maintain a separate account for investment earnings, may order the payment of those earnings to comply with any rebate requirement applicable under federal law, and may otherwise direct the use and investment of those proceeds so as to maintain the tax-exempt status of tax-exempt bonds and to obtain any other advantage under federal law on behalf of the funds of this state. -54034. -All moneys derived from premiums and accrued interest on bonds sold pursuant to this part shall be transferred to the General Fund as a credit to expenditures for bond interest; provided, however, that amounts derived from premiums may be reserved and used to pay the costs of issuance of the related bonds prior to transfer to the General Fund. -SEC. 3. -Section 2 of this act shall become operative upon the adoption by the voters of the Affordable Housing Bond Act of 2018. -SEC. 4. -Section 2 of this act shall be submitted by the Secretary of State to the voters at the November 6, 2018, statewide general election. -SEC. 5. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to maximize the time available for the analysis and preparation of the bond act proposed by Section 2 of this act, it is necessary that this act take effect immediately.","Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, home ownership for very low and low-income households, and downpayment assistance for first-time home buyers. Existing law also authorizes the issuance of bonds in specified amounts pursuant to the State General Obligation Bond Law and requires that proceeds from the sale of these bonds be used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing-related parks. -This bill would enact the Affordable Housing Bond Act of 2018, which, if adopted, would authorize the issuance of bonds in the amount of $3,000,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance various existing housing programs, as well as infill infrastructure financing and affordable housing matching grant programs, as provided. -The bill would provide for submission of the bond act to the voters at the November 6, 2018, statewide general election in accordance with specified law. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Part 16 (commencing with Section 54000) to Division 31 of the Health and Safety Code, relating to housing, by providing the funds necessary therefor through an election for the issuance and sale of bonds of the State of California and for the handling and disposition of those funds, and declaring the urgency thereof, to take effect immediately." -247,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 30515 of the Penal Code is amended to read: -30515. -(a) Notwithstanding Section 30510, “assault weapon” also means any of the following: -(1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following: -(A) A pistol grip that protrudes conspicuously beneath the action of the weapon. -(B) A thumbhole stock. -(C) A folding or telescoping stock. -(D) A grenade launcher or flare launcher. -(E) A flash suppressor. -(F) A forward pistol grip. -(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. -(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. -(4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following: -(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. -(B) A second handgrip. -(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel. -(D) The capacity to accept a detachable magazine at some location outside of the pistol grip. -(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. -(6) A semiautomatic shotgun that has both of the following: -(A) A folding or telescoping stock. -(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip. -(7) A semiautomatic shotgun that has the ability to accept a detachable magazine. -(8) Any shotgun with a revolving cylinder. -(b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. -(c) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subdivision (d). -(d) “Assault weapon” does not include either of the following: -(1) Any antique firearm. -(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c): -MANUFACTURER -MODEL -CALIBER -BENELLI -MP90 -.22LR -BENELLI -MP90 -.32 S&W LONG -BENELLI -MP95 -.22LR -BENELLI -MP95 -.32 S&W LONG -HAMMERLI -280 -.22LR -HAMMERLI -280 -.32 S&W LONG -HAMMERLI -SP20 -.22LR -HAMMERLI -SP20 -.32 S&W LONG -PARDINI -GPO -.22 SHORT -PARDINI -GP-SCHUMANN -.22 SHORT -PARDINI -HP -.32 S&W LONG -PARDINI -MP -.32 S&W LONG -PARDINI -SP -.22LR -PARDINI -SPE -.22LR -WALTHER -GSP -.22LR -WALTHER -GSP -.32 S&W LONG -WALTHER -OSP -.22 SHORT -WALTHER -OSP-2000 -.22 SHORT -(3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (c) to exempt new models of competitive pistols that would otherwise fall within the definition of “assault weapon” pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant. -SEC. 2. -Section 30680 is added to the Penal Code, to read: -30680. -Section 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable: -(a) Prior to January 1, 2017, the person was eligible to register that assault weapon pursuant to subdivision (b) of Section 30900. -(b) The person lawfully possessed that assault weapon prior to January 1, 2017. -(c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900. -SEC. 3. -Section 30900 of the Penal Code is amended to read: -30900. -(a) (1) Any person who, prior to June 1, 1989, lawfully possessed an assault weapon, as defined in former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989, shall register the firearm by January 1, 1991, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended by Section 1 of Chapter 874 of the Statutes of 1990 or Section 3 of Chapter 954 of the Statutes of 1991, shall register the firearm within 90 days with the Department of Justice pursuant to those procedures that the department may establish. -(2) Except as provided in Section 30600, any person who lawfully possessed an assault weapon prior to the date it was defined as an assault weapon pursuant to former Section 12276.1, as it read in Section 7 of Chapter 129 of the Statutes of 1999, and which was not specified as an assault weapon under former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, or former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, shall register the firearm by January 1, 2001, with the department pursuant to those procedures that the department may establish. -(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate. -(4) The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the reasonable processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act but not to exceed the reasonable costs of the department. The fees shall be deposited into the Dealers’ Record of Sale Special Account. -(b) (1) Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before January 1, 2018, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5). -(2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department. -(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number. -(4) The department may charge a fee in an amount of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the department. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account to be used for purposes of this section. -(5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law enforcement officers. Under existing law, “assault weapon” means, among other things, a semiautomatic centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of specified attributes, including, for rifles, a thumbhole stock, and for pistols, a second handgrip. -This bill would revise this definition of “assault weapon” to mean a semiautomatic centerfire rifle, or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes. The bill would also define “fixed magazine” to mean an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. -By expanding the definition of an existing crime, the bill would impose a state-mandated local program. -(2) Existing law requires that any person who, within this state, possesses an assault weapon, except as otherwise provided, be punished as a felony or for a period not to exceed one year in a county jail. -This bill would exempt from punishment under that provision a person who possessed an assault weapon prior to January 1, 2017, if specified requirements are met. -(3) Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice. Existing law permits the Department of Justice to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act. Existing law requires those fees to be deposited into the Dealers’ Record of Sale Special Account. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies. -This bill would require that any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, and including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm with the Department of Justice before January 1, 2018, but not before the effective date of specified regulations. The bill would permit the department to increase the $20 registration fee as long as it does not exceed the reasonable processing costs of the department. The bill would also require registrations to be submitted electronically via the Internet utilizing a public-facing application made available by the department. The bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. The bill would permit the department to charge a fee of up to $15 per person for registration through the Internet, not to exceed the reasonable processing costs of the department to be paid and deposited, as specified, for purposes of the registration program. The bill would require the department to adopt regulations for the purpose of implementing those provisions and would exempt those regulations from the Administrative Procedure Act. The bill would also make technical and conforming changes. -(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 30515 and 30900 of, and to add Section 30680 to, the Penal Code, relating to firearms." -248,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 42008.8 of the Vehicle Code is amended to read: -42008.8. -(a) The Legislature finds and declares that a one-time infraction amnesty program would do all of the following: -(1) Provide relief to individuals who have found themselves in violation of a court-ordered obligation because they have unpaid traffic bail or fines. -(2) Provide relief to individuals who have found themselves in violation of a court-ordered obligation or who have had their driving privileges suspended pursuant to Section 13365. -(3) Provide increased revenue at a time when revenue is scarce by encouraging payment of old fines that have remained unpaid. -(4) Allow courts and counties to resolve older delinquent cases and focus limited resources on collections for more recent cases. -(b) A one-time amnesty program for unpaid fines and bail meeting the eligibility requirements set forth in subdivision (g) shall be established in each county. Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code. -(c) As used in this section, the term “fine” or “bail” refers to the total amounts due in connection with a specific violation, including, but not limited to, all of the following: -(1) Base fine or bail, as established by court order, by statute, or by the court’s bail schedule. -(2) Penalty assessments imposed pursuant to Section 1464 of the Penal Code, and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of, and paragraph (1) of subdivision (c) of Section 76000.10 of, the Government Code, and Section 42006 of this code. -(3) State surcharges imposed pursuant to Section 1465.7 of the Penal Code. -(4) Court operations assessments imposed pursuant to Section 1465.8 of the Penal Code. -(5) Criminal conviction assessments pursuant to Section 70373 of the Government Code. -(d) Notwithstanding subdivision (c), any civil assessment imposed pursuant to Section 1214.1 of the Penal Code shall not be collected, nor shall the payment of that assessment be a requirement of participation in the amnesty program. -(e) Concurrent with the amnesty program established pursuant to subdivision (b), between October 1, 2015, to March 31, 2017, inclusive, the following shall apply: -(1) The court shall, within 90 days, issue and file the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any participant of the one-time amnesty program established pursuant to subdivision (b) demonstrating that the participant has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege of that participant was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). For applications submitted prior to January 1, 2017, that remain outstanding as of that date, the court shall issue and file the certificate no later than March 31, 2017. For applications submitted on or before March 31, 2017, all terms and procedures related to the participant’s payment plans shall remain in effect after March 31, 2017. -(2) The court shall, within 90 days, issue and file with the department the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any person in good standing in a comprehensive collection program pursuant to subdivision (c) of Section 1463.007 of the Penal Code demonstrating that the person has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). For applications submitted prior to January 1, 2017, that remain outstanding as of that date, the court shall issue and file the certificate no later than March 31, 2017. For applications submitted on or before March 31, 2017, all terms and procedures related to the participant’s payment plans shall remain in effect after March 31, 2017. -(3) Any person who is eligible for a driver’s license pursuant to Section 12801, 12801.5, or 12801.9 shall be eligible for the amnesty program established pursuant to subdivision (b) for any specific violation described in subdivision (g). The department shall issue a driver’s license to any person who is eligible pursuant to Section 12801, 12801.5, or 12801.9 if the person is participating in the amnesty program and is otherwise eligible for the driver’s license but for the fines or bail to be collected through the program. -(4) The Department of Motor Vehicles shall not deny reinstating the driving privilege of any person who participates in the amnesty program established pursuant to subdivision (b) for any fines or bail in connection with the specific violation that is the basis for participation in the amnesty program. -(f) In addition to, and at the same time as, the mandatory one-time amnesty program is established pursuant to subdivision (b), the court and the county may jointly agree to extend that amnesty program to fines and bail imposed for a misdemeanor violation of this code and a violation of Section 853.7 of the Penal Code that was added to the misdemeanor case otherwise subject to the amnesty. The amnesty program authorized pursuant to this subdivision shall not apply to parking violations and violations of Sections 23103, 23104, 23105, 23152, and 23153. -(g) A violation is only eligible for amnesty if paragraph (1), (2), or (3) applies, and the requirements of paragraphs (4) to (8), inclusive, are met: -(1) The violation is an infraction violation filed with the court. -(2) It is a violation of subdivision (a) or (b) of Section 40508, or a violation of Section 853.7 of the Penal Code that was added to the case subject to paragraph (1). -(3) The violation is a misdemeanor violation filed with the court to which subdivision (f) applies. -(4) The initial due date for payment of the fine or bail was on or before January 1, 2013. -(5) There are no outstanding misdemeanor or felony warrants for the defendant within the county, except for misdemeanor warrants for misdemeanor violations subject to this section. -(6) The person does not owe victim restitution on any case within the county. -(7) The person has not made any payments for the violation after September 30, 2015, to a comprehensive collection program in the county pursuant to subdivision (c) of Section 1463.007 of the Penal Code. -(8) The person filed a request with the court on or before March 31, 2017. -(h) (1) Except as provided in paragraph (2), each amnesty program shall accept, in full satisfaction of any eligible fine or bail, 50 percent of the fine or bail amount, as defined in subdivision (c). -(2) If the participant certifies under penalty of perjury that he or she receives any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code or is within the conditions described in subdivision (b) of Section 68632 of the Government Code, the amnesty program shall accept, in full satisfaction of any eligible fine or bail, 20 percent of the fine or bail amount, as defined in subdivision (c). -(i) The Judicial Council, in consultation with the California State Association of Counties, shall adopt guidelines for the amnesty program no later than October 1, 2015, and each program shall be conducted in accordance with the Judicial Council’s guidelines. As part of its guidelines, the Judicial Council shall include all of the following: -(1) Each court or county responsible for implementation of the amnesty program pursuant to subdivision (b) shall recover costs pursuant to subdivision (a) of Section 1463.007 of the Penal Code and may charge an amnesty program fee of fifty dollars ($50) that may be collected with the receipt of the first payment of a participant. -(2) A payment plan option created pursuant to Judicial Council guidelines in which a monthly payment is equal to the amount that an eligible participant can afford to pay per month consistent with Sections 68633 and 68634 of the Government Code. If a participant chooses the payment plan option, the county or court shall collect all relevant information to allow for collection by the Franchise Tax Board pursuant to existing protocols prescribed by the Franchise Tax Board to collect delinquent debts of any amount in which a participant is delinquent or otherwise in default under his or her amnesty payment plan. -(3) If a participant does not comply with the terms of his or her payment plan under the amnesty program, including failing to make one or more payments, the appropriate agency shall send a notice to the participant that he or she has failed to make one or more payments and that the participant has 30 days to either resume making payments or to request that the agency change the payment amount. If the participant fails to respond to the notice within 30 days, the appropriate agency may refer the participant to the Franchise Tax Board for collection of any remaining balance owed, including an amount equal to the reasonable administrative costs incurred by the Franchise Tax Board to collect the delinquent amount owed. The Franchise Tax Board shall collect any delinquent amounts owed pursuant to existing protocols prescribed by the Franchise Tax Board. The comprehensive collection program may also utilize additional collection efforts pursuant to Section 1463.007 of the Penal Code, except for subparagraph (C) of paragraph (4) of subdivision (c) of that section. -(4) A plan for outreach that will, at a minimum, make available via an Internet Web site relevant information regarding the amnesty program, including how an individual may participate in the amnesty program. -(5) The Judicial Council shall reimburse costs incurred by the Department of Motor Vehicles up to an amount not to exceed two hundred fifty thousand dollars ($250,000), including all of the following: -(A) Providing on a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program established pursuant to this section that is compliant with Section 7292 of the Government Code. -(B) Posting on the department’s Internet Web site information regarding the amnesty program. -(C) Personnel costs associated with the amnesty program. -(j) The Judicial Council, in consultation with the department, may, within its existing resources, consider, adopt, or develop recommendations for an appropriate mechanism or mechanisms to allow reinstatement of the driving privilege of any person who otherwise meets the criteria for amnesty but who has violations in more than one county. -(k) A criminal action shall not be brought against a person for a delinquent fine or bail paid under the amnesty program. -(l) (1) The total amount of funds collected under the amnesty program shall, as soon as practical after receipt thereof, be deposited in the county treasury or the account established under Section 77009 of the Government Code. After acceptance of the amount specified in subdivision (h), notwithstanding Section 1203.1d of the Penal Code, the remaining revenues collected under the amnesty program shall be distributed on a pro rata basis in the same manner as a partial payment distributed pursuant to Section 1462.5 of the Penal Code. -(2) Notwithstanding Section 1464 of the Penal Code, the amount of funds collected pursuant to this section that would be available for distribution pursuant to subdivision (f) of Section 1464 of the Penal Code shall instead be distributed as follows: -(A) The first two hundred fifty thousand dollars ($250,000) received shall be transferred to the Judicial Council. -(B) Following the transfer of the funds described in subparagraph (A), once a month, both of the following transfers shall occur: -(i) An amount equal to 82.20 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Peace Officers’ Training Fund. -(ii) An amount equal to 17.80 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Corrections Training Fund. -(m) Each court or county implementing an amnesty program shall file, not later than May 31, 2017, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. Notwithstanding Section 10231.5 of the Government Code, on or before August 31, 2017, the Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county.","Existing law requires a county to establish an amnesty program for unpaid fines and bail initially due on or before January 1, 2013, for Vehicle Code infractions to be conducted in accordance with guidelines adopted by the Judicial Council. Existing law requires the program to accept payments from October 1, 2015, to March 31, 2017, inclusive. Existing law requires the program to accept a reduced payment in full satisfaction of the fine or bail if the program participant certifies under penalty of perjury that he or she receives specified public benefits or his or her income is 125% or less of the current poverty guidelines. If the driving privilege of an amnesty program participant or a person who is in good standing in a comprehensive collection program has been suspended due to a Vehicle Code violation that is subject to the amnesty program, existing law requires the court to issue and file a certificate with the Department of Motor Vehicles demonstrating that the participant has appeared in court, paid the fine, or has otherwise satisfied the court. -This bill would require the court to issue and file the certificate with the department within 90 days. For applications submitted prior to January 1, 2017, the bill would require the court to issue and file the certificate no later than March 31, 2017. The bill would require, for applications submitted on or before March 31, 2017, that all terms and procedures related to a participant’s payment plans remain in effect after that date.","An act to amend Section 42008.8 of the Vehicle Code, relating to vehicles." -249,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 640 of the Penal Code is amended to read: -640. -(a) (1) Any of the acts described in paragraphs (1) to (6), inclusive, of subdivision (b) is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator’s hours of school attendance or employment. Except as provided in subdivision (g), any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or second violation, is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator’s hours of school attendance or employment. Except as provided in subdivision (g), a third or subsequent violation of any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c) is a misdemeanor punishable by a fine of not more than four hundred dollars ($400) or by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. Any of the acts described in subdivision (d) shall be punishable by a fine of not more than four hundred dollars ($400), by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. -(2) This section shall apply only to acts committed on or in a facility or vehicle of a public transportation system. -(b) (1) Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system. -(2) Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise. -(3) Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system. -(4) Expectorating upon a system facility or vehicle. -(5) Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as defined in Section 407.5 of the Vehicle Code, in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility. -(6) Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts. -(c) (1) Evasion of the payment of a fare of the system. For purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare. -(2) Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare. -(3) (A) Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155 of the Public Utilities Code and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting. -(B) If an eligible discount ticket user is not in possession of acceptable proof at the time of request, a citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed. -(d) (1) Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior. -(2) Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle. -(3) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition. -(4) Willfully blocking the free movement of another person in a system facility or vehicle. This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes. -(5) Willfully tampering with, removing, displacing, injuring, or destroying any part of a facility or vehicle of a public transportation system. -(e) Notwithstanding subdivision (a) or (g), a public transportation agency, as defined in paragraph (4) of subdivision (c) of Section 99580 of the Public Utilities Code, may do either of the following: -(1) Enact and enforce an ordinance providing that a person who is the subject of a citation for any of the acts described in subdivision (b) of Section 99580 of the Public Utilities Code on or in a facility or vehicle described in subdivision (a) for which the public transportation agency has jurisdiction shall, under the circumstances set forth by the ordinance, be afforded an opportunity to complete an administrative process that imposes only an administrative penalty enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code. -(2) Enforce as an infraction pursuant to subdivision (b) the act of failing to yield seating reserved for an elderly or disabled person in a facility or vehicle for which the public transportation agency has jurisdiction, provided that the governing board of the public transportation agency enacts an ordinance to that effect after a public hearing on the issue. -(f) For purposes of this section, “facility or vehicle of a public transportation system” means any of the following: -(1) A facility or vehicle of a public transportation system as defined by Section 99211 of the Public Utilities Code. -(2) A facility of, or vehicle operated by, an entity subsidized by, the Department of Transportation. -(3) A facility or vehicle of a rail authority, whether owned or leased, including, but not limited to, any part of a railroad, or track of a railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached or connected to a railroad. -(4) A leased or rented facility or vehicle for which any of the entities described in paragraph (1), (2), or (3) incurs costs of cleanup, repair, or replacement as a result of any of those acts. -(g) A minor shall not be charged with an infraction or a misdemeanor for violation of paragraphs (1) to (3), inclusive, of subdivision (c). Nothing in this subdivision shall limit the ability of a public transportation agency to assess an administrative penalty as established in paragraph (1) of subdivision (e) and in Section 99580 of the Public Utilities Code, not to exceed two hundred fifty dollars ($250) upon a first or second violation and not to exceed four hundred dollars ($400) upon a third or subsequent violation.","Existing law makes it an infraction or a misdemeanor to evade the payment of a fare on a public transit system, to misuse a transfer, pass, ticket, or token with the intent to evade the payment of a fare, or to use a discount ticket without authorization or fail to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket. -This bill would prohibit a minor from being charged with an infraction or a misdemeanor for those acts.","An act to amend Section 640 of the Penal Code, relating to crimes." -250,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 166 of the Penal Code is amended to read: -166. -(a) Except as provided in subdivisions (b), (c), and (d), a person guilty of any of the following contempts of court is guilty of a misdemeanor: -(1) Disorderly, contemptuous, or insolent behavior committed during the sitting of a court of justice, in the immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority. -(2) Behavior specified in paragraph (1) that is committed in the presence of a referee, while actually engaged in a trial or hearing, pursuant to the order of a court, or in the presence of any jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law. -(3) A breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court. -(4) Willful disobedience of the terms as written of any process or court order or out-of-state court order, lawfully issued by a court, including orders pending trial. -(5) Resistance willfully offered by any person to the lawful order or process of a court. -(6) The contumacious and unlawful refusal of a person to be sworn as a witness or, when so sworn, the like refusal to answer a material question. -(7) The publication of a false or grossly inaccurate report of the proceedings of a court. -(8) Presenting to a court having power to pass sentence upon a prisoner under conviction, or to a member of the court, an affidavit, testimony, or representation of any kind, verbal or written, in aggravation or mitigation of the punishment to be imposed upon the prisoner, except as provided in this code. -(9) Willful disobedience of the terms of an injunction that restrains the activities of a criminal street gang or any of its members, lawfully issued by a court, including an order pending trial. -(b) (1) A person who is guilty of contempt of court under paragraph (4) of subdivision (a) by willfully contacting a victim by telephone or mail, or directly, and who has been previously convicted of a violation of Section 646.9 shall be punished by imprisonment in a county jail for not more than one year, by a fine of five thousand dollars ($5,000), or by both that fine and imprisonment. -(2) For the purposes of sentencing under this subdivision, each contact shall constitute a separate violation of this subdivision. -(3) The present incarceration of a person who makes contact with a victim in violation of paragraph (1) is not a defense to a violation of this subdivision. -(c) (1) Notwithstanding paragraph (4) of subdivision (a), a willful and knowing violation of a protective order or stay-away court order described as follows shall constitute contempt of court, a misdemeanor, punishable by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine: -(A) An order issued pursuant to Section 136.2. -(B) An order issued pursuant to paragraph (2) of subdivision (a) of Section 1203.097. -(C) An order issued after a conviction in a criminal proceeding involving elder or dependent adult abuse, as defined in Section 368. -(D) An order issued pursuant to Section 1201.3. -(E) An order described in paragraph (3). -(F) An order issued pursuant to subdivision (j) of Section 273.5. -(2) If a violation of paragraph (1) results in a physical injury, the person shall be imprisoned in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence is suspended. -(3) Paragraphs (1) and (2) apply to the following court orders: -(A) An order issued pursuant to Section 6320 or 6389 of the Family Code. -(B) An order excluding one party from the family dwelling or from the dwelling of the other. -(C) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the orders described in paragraph (1). -(4) A second or subsequent conviction for a violation of an order described in paragraph (1) occurring within seven years of a prior conviction for a violation of any of those orders and involving an act of violence or “a credible threat” of violence, as provided in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or in the state prison for 16 months or two or three years. -(5) The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1). -(d) (1) A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure, shall be punished under Section 29825. -(2) A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (h) of Section 6389 of the Family Code. -(e) (1) If probation is granted upon conviction of a violation of subdivision (c), the court shall impose probation consistent with Section 1203.097. -(2) If probation is granted upon conviction of a violation of subdivision (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements: -(A) That the defendant make payments to a battered women’s shelter, up to a maximum of one thousand dollars ($1,000). -(B) That the defendant provide restitution to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. -(3) For an order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision or subdivision (c), the court shall make a determination of the defendant’s ability to pay. In no event shall an order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. -(4) If the injury to a married person is caused in whole, or in part, by the criminal acts of his or her spouse in violation of subdivision (c), the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents required by this subdivision, until all separate property of the offending spouse is exhausted. -(5) A person violating an order described in subdivision (c) may be punished for any substantive offenses described under Section 136.1 or 646.9. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1 or 646.9. However, a person held in contempt for a violation of subdivision (c) shall be entitled to credit for any punishment imposed as a result of that violation against any sentence imposed upon conviction of an offense described in Section 136.1 or 646.9. A conviction or acquittal for a substantive offense under Section 136.1 or 646.9 shall be a bar to a subsequent punishment for contempt arising out of the same act. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally punishes the willful disobedience of a court order as contempt of court by imprisonment in a county jail for a term not exceeding 6 months, a fine not exceeding $1,000, or both that imprisonment and fine. Existing law makes the willful and knowing violation of specified protective orders or stay-away court orders punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than $1,000, or by both that imprisonment and fine for a first offense, and makes a 2nd or subsequent conviction for a violation of these specified protective orders or stay-away court orders occurring within 7 years of a prior conviction and involving an act of violence or credible threat of violence punishable as either a misdemeanor or a felony. If probation is granted upon conviction of a willful and knowing violation of these specified protective orders or stay-away court orders, existing law requires the court to impose a minimum period of probation of 36 months, a criminal protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, a minimum fine of $500, successful completion of a batterer’s program, and a specified amount of appropriate community service, among other requirements. -Under existing law, any person who willfully inflicts corporal injury resulting in a traumatic condition upon a spouse or former spouse, cohabitant or former cohabitant, fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, or the mother or father of the offender’s child, is guilty of a felony or a misdemeanor. Upon a conviction under that provision, existing law authorizes the sentencing court to issue an order restraining the defendant from any contact with the victim for up to 10 years. -This bill would make a willful and knowing violation of the above protective order issued for the conviction of inflicting a corporal injury resulting in a traumatic condition punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $1,000, or by both that imprisonment and fine. The bill would make a 2nd or subsequent violation occurring within 7 years involving an act of violence or a credible threat of violence punishable as a felony or a misdemeanor. If probation is granted for a violation of this protective order, the bill would require the court to impose a minimum period of probation of 36 months, a criminal protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, a minimum fine of $500, successful completion of a batterer’s program, and a specified amount of appropriate community service, among other requirements. By increasing the punishment for a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 166 of the Penal Code, relating to domestic violence." -251,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6356.11 is added to the Revenue and Taxation Code, to read: -6356.11. -(a) There are exempted from the taxes imposed by this part the gross receipts from the sale of, and the storage and use of, or other consumption in this state of, firearms, ammunition, and hunting supplies purchased by an individual in the two-day period beginning at 12:01 a.m. on the first Saturday in September and ending at midnight the next day and the two-day period beginning at 12:01 a.m. on the first Saturday in October and ending at midnight the next day who, at the time of the purchase, provides the retailer with a copy of his or her valid annual hunting license or lifetime license issued pursuant to Article 2 (commencing with Section 3031) of Chapter 1 of Part 1 of Division 4, or a lifetime sportman’s license issued pursuant to Section 714 of, the Fish and Game Code. -(b) For the purposes of this section, the following shall apply: -(1) “Firearms” mean shotguns, rifles, pistols, revolvers, or other handguns that may be legally sold or purchased in California. -(2) “Ammunition” means that ammunition designed and intended to be fired from a firearm. -(3) “Hunting supplies” means only those supplies used for and designed and intended for hunting, which include all of the following: -(A) Archery items such as bows, crossbows, arrows, quivers, and shafts. -(B) Off-road vehicles including all-terrain vehicles designed and intended primarily for hunting. Off-road vehicles do not include golf carts, go-carts, dirt bikes, mini-bikes, motorcycles, tractors, or motor vehicles that may be legally driven on the streets and highways of California, or heavy equipment such as cranes, forklifts, backhoes, and bulldozers. -(C) Vessels designed and intended for hunting such as airboats and pirogues. -(D) Accessories designed and intended for hunting. -(E) Animal feed manufactured and marketed for consumption primarily by game that can be legally hunted. Animal feed does not include food for animals that are pets. -(F) Apparel including safety gear, camouflage clothing, jackets, hats, gloves, mittens, face masks, and thermal underwear manufactured and marketed as being primarily for wear or use while hunting. -(G) Hunting shoes or boots designed and intended for hunting. -(H) Bags designed and intended to carry game or hunting gear. -(I) Float tubes if purchased to be used for hunting. -(J) Binoculars if purchased to be used for hunting. -(K) Tools manufactured and marketed as primarily for use in hunting. -(L) Firearm and archery cases. -(M) Firearm and archery accessories. -(N) Range finders. -(O) Knives manufactured and marketed as primarily for use in hunting, which does not include knives purchased for household, business, or other recreational uses. -(P) Decoys. -(Q) Tree stands. -(R) Blinds. -(S) Chairs to be used for hunting, which does not include chairs or other furniture purchased for household, business, or other recreational uses. -(T) Optics such as rifle scopes and impact resistant glasses for shooting. -(U) Hearing protection gear and enhancements. -(V) Holsters. -(W) Belts that are manufactured and marketed as primarily for use in hunting. -(X) Slings. -(Y) Other miscellaneous gear manufactured and marketed as primarily for use in hunting, which does not include toy guns and vessels and off-road vehicles utilized as children’s toys. -(c) (1) Notwithstanding any provision of the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) or the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section does not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws. -(2) Notwithstanding subdivision (a), the exemption established by this section shall not apply with respect to any tax levied pursuant to Section 6051.2 or 6201.2, Section 35 and subdivision (f) of Section 36 of Article XIII of the California Constitution, or any tax levied pursuant to Section 6051 or 6201 that is deposited in the State Treasury to the credit of the Local Revenue Fund 2011 pursuant to Section 6051.15 or 6201.15. -SEC. 2. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect. -SECTION 1. -Section 2070 of the -Insurance Code -is amended to read: -2070. -(a)All fire policies on subject matter in California shall be on the standard form and, except as provided by this article, shall not contain additions to the form. -(b)No part of the standard form shall be omitted from the policy. However, a policy providing coverage against the peril of fire only, or in combination with coverage against other perils, need not comply with the provisions of the standard form of fire insurance policy or Section 2080, if the coverage with respect to the peril of fire, when viewed in its entirety, is substantially equivalent to, or more favorable to the insured than, that contained in the standard form fire insurance policy.","Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provides various exemptions from the taxes imposed by those laws. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes cities and counties to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms generally to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws. -This bill would exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption in this state of, firearms, ammunition, and hunting supplies purchased by an individual in the 2-day period beginning at 12:01 a.m. on the first Saturday in September and ending at midnight the next day and the 2-day period beginning at 12:01 a.m. on the first Saturday in October and ending at midnight the next day, as provided. The bill would specify that this exemption does not apply to local sales and use taxes and transactions and use taxes, and specified state sales and use taxes the proceeds of which are deposited into the Local Revenue Fund, the Local Revenue Fund 2011, the Local Public Safety Fund, and the Education Protection Account. -This bill would take effect immediately as a tax levy. -Existing law establishes a standard form for fire insurance policies in this state. Existing law requires that all fire insurance policies in California be on the standard form, with no additions to that form, except as provided. Existing law prohibits any part of the standard form from being omitted from the policy, except as specified. -This bill would make technical, nonsubstantive changes to that provision.","An act to amend Section 2070 of the Insurance Code, relating to insurance. -An act to add Section 6356.11 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -252,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Scattered along the California coastline are the remnants of many old, human-made structures including abandoned oil and gas wells, groins, jetties, piers, pilings, and seawalls. -(b) These remnants, often covered and uncovered by tides, are the legacy of the rapid commercial development along the coastline that began just before the turn of the 20th century. -(c) Most legacy oil and gas wells were abandoned in the early 1900s when there was little or no oversight of the abandonment and removal, if any, varied from well to well. Some legacy oil and gas wells, therefore, may seep oil into the surf zone impacting swimmers, surfers, and other recreational users, and causing environmental degradation. -(d) The State Lands Commission has primary jurisdiction over sovereign lands along the California coastline that are held in trust for statewide public purposes, including, commerce, navigation, fishing, recreation, and open space and habitat preservation. -(e) The State Lands Commission has long recognized the serious and perennial health concerns and safety hazards that coastal hazards and legacy oil and gas wells pose. -(f) There is a critical need for adequate funding to inventory coastal hazards, including legacy oil and gas wells and related infrastructure, along the California coastline in order to begin determining how to remove coastal hazards and to identify and remediate leaking legacy oil and gas wells. -(g) With adequate funding, the State Lands Commission can inventory coastal hazards, legacy oil and gas wells and other oil and gas related hazards along the California coastline, including determining GPS locations, assessing entitlement requirements, preparing preliminary engineering requirements and removal cost estimates for each hazard, and removing and remediating hazards that are a significant risk to public health and safety and the environment. Adequate funding will also enable the State Lands Commission to survey and monitor oil seepage in state waters under its jurisdiction and on tidelands, and to request studies to determine oil seepage locations, rates, environmental impacts, and mitigation measures. -SEC. 2. -Section 6212 is added to the Public Resources Code, to read: -6212. -(a) Upon appropriation of moneys by the Legislature for the purposes of this section, the commission shall, within two years, administer a coastal hazard removal and remediation program to do all of the following: -(1) Complete an in-depth inventory of legacy oil and gas wells and other coastal hazards along the California coastline, including conducting field surveys and determining high-priority hazards and legacy oil and gas wells to remediate. -(2) Survey, study, and monitor oil seepage in state waters and tidelands under its jurisdiction to determine oil seepage locations, rates, and environmental impacts. The study information can facilitate possible mitigation measures. -(3) Begin the process of remediating improperly abandoned legacy oil and gas wells that have a high risk of leaking oil and, with any remaining funds, remove other identified coastal hazards. -(b) Notwithstanding Section 11005 of the Government Code and any other law requiring approval by a state officer of gifts, bequests, devises, or donations, the commission may seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in actions undertaken pursuant to subdivision (a). -(c) In cooperation with the Division of Oil, Gas, and Geothermal Resources, the commission may seek to abandon legacy oil and gas wells that present a hazard to the public health and safety and the environment. -(d) The commission shall annually report to the Legislature the activities and accomplishments of the program. The commission may include this information in the annual report it submits pursuant to Section 8618. -(e) The commission shall prioritize its activities under this section based on available resources. -(f) For purposes of this section the following definitions apply: -(1) “Coastal hazards” are legacy oil and gas wells and human-made structures that have been orphaned, including piers, jetties, groins, seawalls, and facilities associated with past oil extraction and other operations, that pose a hazard to the public health and safety. Coastal hazards may include, but are not limited to, wood or steel piles or piling, sheet metal pilings, H piles and H beams, well casings, well caissons, railroad irons, cables, angle bars, pipes, pipelines, rip rap, and wood beams and structures. -(2) “Legacy oil and gas wells” are wells drilled near shore, before current abandonment standards, where there is little or no information on the well’s abandonment procedure and there is no viable company with the responsibility to reabandon the well should it start leaking or pose a threat to the environment or the public health and safety. -SEC. 3. -Section 6217 of the Public Resources Code is amended to read: -6217. -With the exception of revenue derived from state school lands and from sources described in Sections 6217.6, 6301.5, 6301.6, 6855, and Sections 8551 to 8558, inclusive, and Section 6404 (insofar as the proceeds are from property that has been distributed or escheated to the state in connection with unclaimed estates of deceased persons), the commission shall deposit all revenue, money, and remittances received by the commission under this division, and under Chapter 138 of the Statutes of 1964, First Extraordinary Session, in the General Fund. Out of those funds deposited in the General Fund, sufficient moneys shall be made available each fiscal year for the following purposes: -(a) Payment of refunds, authorized by the commission, out of appropriations made for that purpose. -(b) Payment of expenditures of the commission as provided in the annual Budget Act. -(c) Payments to cities and counties of the amounts specified in Section 6817 for the purposes specified in that section, out of appropriations made for that purpose. -(d) Payments to cities and counties of the amounts agreed to pursuant to Section 6875, out of appropriations made for that purpose. -(e) (1) For the 2017–18 fiscal year, the sum of five hundred thousand dollars ($500,000) shall be transferred to the Land Bank Fund and, notwithstanding Section 8610, shall be available, upon appropriation in the annual Budget Act, for the purpose of implementing the commission’s coastal hazard removal and remediation program provided in Section 6212. -(2) Commencing with the 2018–19 fiscal year, and each fiscal year thereafter, an amount sufficient to bring the unencumbered balance of the Land Bank Fund available for the purpose of implementing the commission’s coastal hazard removal and remediation program provided in Section 6212 to five hundred thousand dollars ($500,000) shall be transferred to the Land Bank Fund and, notwithstanding Section 8610, shall be available, upon appropriation in the annual Budget Act, for the purpose of implementing the commission’s coastal hazard removal and remediation program provided in Section 6212.","(1) Existing law establishes the State Lands Commission in the Natural Resources Agency and prescribes the functions and duties of the commission. Under existing law, the commission has jurisdiction over various state lands, including coastal lands. -This bill would, upon appropriation of moneys by the Legislature, require the commission to, within 2 years, administer a coastal hazard removal and remediation program, as specified. The bill would authorize the commission to seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in actions undertaken to administer that program. The bill would authorize the commission to seek to abandon, in cooperation with the Division of Oil, Gas, and Geothermal Resources, legacy oil and gas wells, as defined, that present a hazard to the public health and safety and the environment. The bill would require the commission to annually report to the Legislature the activities and accomplishments of the program. -(2) Existing law, with specified exceptions, generally requires the State Lands Commission, on and after July 1, 2006, to deposit all revenue, money, and remittances, derived from mineral extraction leases on state tide and submerged lands, including tideland oil revenue, into the General Fund, to be available upon appropriation by the Legislature for specified purposes. Existing law establishes the Land Bank Fund, a continuously appropriated fund, from which the commission may expend moneys for management and improvement of real property held by the commission, as trustee, to provide open space, habitat for plants and animals, and public access. -This bill would require that, for the 2017–18 fiscal year, out of those funds deposited into the General Fund by the commission, the sum of $500,000 be transferred to the Land Bank Fund and be available, upon appropriation in the annual Budget Act, for the purpose of implementing the coastal hazard removal and remediation program. The bill would require that, commencing with the 2018–19 fiscal year and each fiscal year thereafter, an amount sufficient to bring the unencumbered balance of the Land Bank Fund available for the purpose of implementing the program to $500,000 be transferred to that fund and be available, upon an appropriation in the annual Budget Act, for the purpose of implementing the program.","An act to amend Section 6217 of, and to add Section 6212 to, the Public Resources Code, relating to state lands." -253,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17144.5 of the Revenue and Taxation Code is amended to read: -17144.5. -(a) Section 108(a)(1)(E) of the Internal Revenue Code, is modified to provide that the amount excluded from gross income shall not exceed $500,000 ($250,000 in the case of a married individual filing a separate return). -(b) Section 108(h)(2) of the Internal Revenue Code, relating to qualified principal residence indebtedness, is modified by substituting the phrase “(within the meaning of section 163(h)(3)(B), applied by substituting ‘$800,000 ($400,000’ for ‘$1,000,000 ($500,000’ in clause (ii) thereof)” for the phrase “(within the meaning of section 163(h)(3)(B), applied by substituting ‘$2,000,000 ($1,000,000’ for ‘$1,000,000 ($500,000’ in clause (ii) thereof)” contained therein. -(c) This section shall apply to discharges of indebtedness occurring on or after January 1, 2007, and, notwithstanding any other law to the contrary, no penalties or interest shall be due with respect to the discharge of qualified principal residence indebtedness during the 2007, 2009, or 2013 taxable year regardless of whether or not the taxpayer reports the discharge on his or her return for the 2007, 2009, or 2013 taxable year. -(d) (1) The amendments made by Section 102 of the federal Tax Increase Prevention Act of 2014 (Public Law 113-295) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, shall apply. -(2) The changes made to this section by the act adding this paragraph shall apply to discharges of indebtedness that occur on or after January 1, 2014, and before January 1, 2015, and, notwithstanding any other law, no penalties or interest shall be due with respect to the discharge of qualified principal residence indebtedness during the 2014 taxable year, regardless of whether the taxpayer reports the discharge on his or her income tax return for the 2014 taxable year. -(e) (1) The amendments made by Section 151 of the federal Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, shall apply. -(2) Notwithstanding any other law, no penalties or interest shall be due with respect to the discharge of qualified principal residence indebtedness during the 2015 taxable year, regardless of whether the taxpayer reports the discharge on his or her income tax return for the 2015 taxable year. -SEC. 2. -(a) The amendments made by this act that conform to the amendments made by Section 102 of the federal Tax Increase Prevention Act of 2014 (Public Law 113-295) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, apply to qualified principal residence indebtedness that is discharged on and after January 1, 2014, and before January 1, 2015. -(b) The Legislature finds and declares that the amendments made by this act and the retroactive application contained in the preceding sentence are necessary for the public purpose of conforming state law to the amendments to the Internal Revenue Code as made by the federal Tax Increase Prevention Act of 2014 (Public Law 113-295), thereby preventing undue hardship to taxpayers whose qualified principal residence indebtedness was discharged on and after January 1, 2014, and before January 1, 2015, and do not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution. -SEC. 3. -(a) The amendments made by this act that conform to the amendments made by Section 151 of the federal Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113) to Section 108 of the Internal Revenue Code, relating to income from discharge of indebtedness, apply to qualified principal residence indebtedness that is discharged on and after January 1, 2015, and before January 1, 2017, except for any discharge of qualified principal residence indebtedness that is subject to an arrangement that is entered into and evidenced in writing before January 1, 2017, in which case the amendments made by this act that conform to the amendments made by Section 151 of the Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113) apply to qualified principal residence indebtedness that is discharged after January 1, 2017. -(b) The Legislature finds and declares that the amendments made by this act and the retroactive application contained in the preceding sentence regarding debt discharged before January 1, 2016, are necessary for the public purpose of conforming state law to the amendments to the Internal Revenue Code as made by the federal Protecting Americans from Tax Hikes Act of 2015 (Division Q of Public Law 114-113), thereby preventing undue hardship to taxpayers whose qualified principal residence indebtedness was discharged on and after January 1, 2015, and before January 1, 2016, and do not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to provide tax relief to distressed homeowners at the earliest possible time, it is necessary that this act take effect immediately.","The Personal Income Tax Law provides for modified conformity to specified provisions of federal income tax law relating to the exclusion of the discharge of qualified principal residence indebtedness, as defined, from an individual’s income if that debt is discharged after January 1, 2007, and before January 1, 2014, as provided. The federal Tax Increase Prevention Act of 2014 extended the operation of those provisions to debt that is discharged before January 1, 2015. The federal Protecting Americans from Tax Hikes Act of 2015 extended the operation of those provisions to debt that is discharged before January 1, 2017, and provides that its discharge provisions apply to specified written agreements entered into before January 1, 2017. -This bill would conform to that additional discharge provision relating to specified written agreements and the federal extensions, some of which would be applied retroactively. The bill would discharge indebtedness for related penalties and interest and would make legislative findings and declarations regarding the public purpose served by the bill. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 17144.5 of the Revenue and Taxation Code, relating to taxation, and declaring the urgency thereof, to take effect immediately." -254,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 20583 of the Revenue and Taxation Code is amended to read: -20583. -(a) “Residential dwelling” means a dwelling occupied as the principal place of residence of the claimant and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, owned by the claimant, the claimant and spouse, or by the claimant and either another individual eligible for postponement under this chapter or an individual described in subdivision (a), (b), or (c) of Section 20511 and located in this state. It shall include condominiums that are assessed as realty for local property tax purposes. It also includes part of a multidwelling or multipurpose building and a part of the land upon which it is built. -(b) As used in this chapter in reference to ownership interests in residential dwellings, “owned” includes (1) the interest of a vendee in possession under a land sale contract provided that the contract or memorandum thereof is recorded and only from the date of recordation of the contract or memorandum thereof in the office of the county recorder where the residential dwelling is located, (2) the interest of the holder of a life estate provided that the instrument creating the life estate is recorded and only from the date of recordation of the instrument creating the life estate in the office of the county recorder where the residential dwelling is located, but “owned” does not include the interest of the holder of any remainder interest or the holder of a reversionary interest in the residential dwelling, (3) the interest of a joint tenant or a tenant in common in the residential dwelling or the interest of a tenant where title is held in tenancy by the entirety or a community property interest where title is held as community property, and (4) the interest, including the interest of a beneficiary of a special needs trust, in the residential dwelling in which the title is held in trust, as described in subdivision (d) of Section 62, provided that the Controller determines that the state’s interest is adequately protected. -(c) Except as provided in subdivision (c), and Chapter 3 (commencing with Section 20625), ownership must be evidenced by an instrument duly recorded in the office of the county where the residential dwelling is located. -(d) “Residential dwelling” does not include any of the following: -(1) Any residential dwelling in which the owners do not have an equity of at least 40 percent of the full value of the property as determined for purposes of property taxation or at least 40 percent of the fair market value as determined by the Controller and where the Controller determines that the state’s interest is adequately protected. The 40-percent equity requirement shall be met each time the claimant or authorized agent files a postponement claim. -(2) Any residential dwelling in which the claimant’s interest is held pursuant to a contract of sale or under a life estate, unless the claimant obtains the written consent of the vendor under the contract of sale, or the holder of the reversionary interest upon termination of the life estate, for the postponement of taxes and the creation of a lien on the real property in favor of the state for amounts postponed pursuant to this act. -(3) Any residential dwelling on which the claimant does not receive a secured tax bill. -(4) Any residential dwelling in which the claimant’s interest is held as a possessory interest, except as provided in Chapter 3.5 (commencing with Section 20640). -SEC. 1.5. -Section 20583 of the Revenue and Taxation Code is amended to read: -20583. -(a) “Residential dwelling” means a dwelling occupied as the principal place of residence of the claimant and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, owned by the claimant, the claimant and spouse, or by the claimant and either another individual eligible for postponement under this chapter or an individual described in subdivision (a), (b), or (c) of Section 20511 and located in this state. It shall include condominiums that are assessed as realty for local property tax purposes. It also includes part of a multidwelling or multipurpose building and a part of the land upon which it is built. -(b) As used in this chapter in reference to ownership interests in residential dwellings, “owned” includes (1) the interest of a vendee in possession under a land sale contract provided that the contract or memorandum thereof is recorded and only from the date of recordation of the contract or memorandum thereof in the office of the county recorder where the residential dwelling is located, (2) the interest of the holder of a life estate provided that the instrument creating the life estate is recorded and only from the date of recordation of the instrument creating the life estate in the office of the county recorder where the residential dwelling is located, but “owned” does not include the interest of the holder of any remainder interest or the holder of a reversionary interest in the residential dwelling, (3) the interest of a joint tenant or a tenant in common in the residential dwelling or the interest of a tenant where title is held in tenancy by the entirety or a community property interest where title is held as community property, and (4) the interest, including the interest of a beneficiary of a special needs trust, in the residential dwelling in which the title is held in trust, as described in subdivision (d) of Section 62, provided that the Controller determines that the state’s interest is adequately protected. -(c) Except as provided in subdivision (c), and Chapter 3 (commencing with Section 20625), ownership must be evidenced by an instrument duly recorded in the office of the county where the residential dwelling is located. -(d) “Residential dwelling” does not include any of the following: -(1) Any residential dwelling in which the owners do not have an equity of at least 40 percent of the full value of the property as determined for purposes of property taxation or at least 40 percent of the fair market value as determined by the Controller and where the Controller determines that the state’s interest is adequately protected. The 40-percent equity requirement shall be met each time the claimant or authorized agent files a postponement claim. -(2) Any residential dwelling in which the claimant’s interest is held pursuant to a contract of sale or under a life estate, unless the claimant obtains the written consent of the vendor under the contract of sale, or the holder of the reversionary interest upon termination of the life estate, for the postponement of taxes and the creation of a lien on the real property in favor of the state for amounts postponed pursuant to this act. -(3) Any residential dwelling on which the claimant does not receive a secured tax bill. -(4) Any residential dwelling in which the claimant’s interest is held as a possessory interest, except as provided in Chapter 3.5 (commencing with Section 20640). -(5) Any residential dwelling that is subject to a Property Assessed Clean Energy bond, or PACE bond, as defined in Section 26054 of the Public Resources Code. -SEC. 2. -Section 1.5 of this bill incorporates amendments to Section 20583 of the Revenue and Taxation Code proposed by both this bill and Assembly Bill 1952. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 20583 of the Revenue and Taxation Code, and (3) this bill is enacted after Assembly Bill 1952, in which case Section 1 of this bill shall not become operative. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes the Controller, upon approval of a claim for the postponement of ad valorem property taxes, to directly pay a county tax collector for the property taxes owed by the claimant, as provided. Existing law requires all sums paid for the postponement of property taxes pursuant to these provisions to be secured by a lien in favor of the state. Amounts owed by a claimant are due if the claimant, or his or her surviving spouse, ceases to occupy the premises as his or her residential dwelling, dies, disposes of the property, or allows specified taxes and special assessments to become delinquent, as provided. Existing law requires that the residential dwelling be owned by the claimant, the claimant and spouse, or the claimant and another specified individual. Existing law requires a claimant to file a claim containing specified information, including a description of the residential dwelling, under penalty of perjury. -This bill would provide that “owned” for these purposes includes the interest of a beneficiary of a special needs trust. -This bill would incorporate additional changes to Section 20583 of the Revenue and Taxation Code proposed by AB 1952 that would become operative if both bills are enacted and this bill is enacted last. -By requiring a special needs trust claimant for property tax postponement to file certain information under penalty of perjury, thereby expanding the crime of perjury, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 20583 of the Revenue and Taxation Code, relating to taxation." -255,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4616.4 of the Labor Code is amended to read: -4616.4. -(a) (1) The administrative director shall contract with individual physicians, as described in paragraph (2), or an independent medical review organization to perform medical provider network (MPN) independent medical reviews pursuant to this section. -(2) Only a physician licensed pursuant to Chapter 5 (commencing with Section 2000) of the Business and Professions Code may be an MPN independent medical reviewer. -(3) The administrative director shall ensure that an MPN independent medical reviewer or those within the review organization shall do all of the following: -(A) Be appropriately credentialed and privileged. -(B) Ensure that the reviews provided by the medical professionals are timely, clear, and credible, and that reviews are monitored for quality on an ongoing basis. -(C) Ensure that the method of selecting medical professionals for individual cases achieves a fair and impartial panel of medical professionals who are qualified to render recommendations regarding the clinical conditions consistent with the medical utilization schedule established pursuant to Section 5307.27. -(D) Ensure that confidentiality of medical records and the review materials, consistent with the requirements of this section and applicable state and federal law. -(E) Ensure the independence of the medical professionals retained to perform the reviews through conflict-of-interest policies and prohibitions, and ensure adequate screening for conflicts of interest. -(4) A medical professional selected by the administrative director or the independent medical review organization to review medical treatment decisions shall be a physician, as specified in paragraph (2) of subdivision (a), who meets the following minimum requirements: -(A) The medical professional shall be a clinician knowledgeable in the treatment of the employee’s medical condition, knowledgeable about the proposed treatment, and familiar with guidelines and protocols in the area of treatment under review. -(B) Notwithstanding any other law, the medical professional shall hold a nonrestricted license in any state of the United States, and for a physician, a current certification by a recognized American medical specialty board in the area or areas appropriate to the condition or treatment under review. -(C) The medical professional shall have no history of disciplinary action or sanctions, including, but not limited to, loss of staff privileges or participation restrictions taken or pending by any hospital, government, or regulatory body. -(b) If, after the third physician’s opinion, the treatment or diagnostic service remains disputed, the injured employee may request an MPN independent medical review regarding the disputed treatment or diagnostic service still in dispute after the third physician’s opinion in accordance with Section 4616.3. The standard to be utilized for an MPN independent medical review is identical to that contained in the medical treatment utilization schedule established in Section 5307.27. -(c) An application for an MPN independent medical review shall be submitted to the administrative director on a one-page form provided by the administrative director entitled “MPN Independent Medical Review Application.” The form shall contain a signed release from the injured employee, or a person authorized pursuant to law to act on behalf of the injured employee, authorizing the release of medical and treatment information. The injured employee may provide any relevant material or documentation with the application. The administrative director or the independent medical review organization shall assign the MPN independent medical reviewer. -(d) Following receipt of the application for an MPN independent medical review, the employer or insurer shall provide the MPN independent medical reviewer, assigned pursuant to subdivision (c), with all information that was considered in relation to the disputed treatment or diagnostic service, including both of the following: -(1) A copy of all correspondence from, and received by, any treating physician who provided a treatment or diagnostic service to the injured employee in connection with the injury. -(2) A complete and legible copy of all medical records and other information used by the physicians in making a decision regarding the disputed treatment or diagnostic service. -(e) Upon receipt of information and documents related to the application for an MPN independent medical review, the MPN independent medical reviewer shall conduct a physical examination of the injured employee at the employee’s discretion. The MPN independent medical reviewer may order any diagnostic tests necessary to make his or her determination regarding medical treatment. Utilizing the medical treatment utilization schedule established pursuant to Section 5307.27, and taking into account any reports and information provided, the MPN independent medical reviewer shall determine whether the disputed health care service was consistent with Section 5307.27 based on the specific medical needs of the injured employee. -(f) The MPN independent medical reviewer shall issue a report to the administrative director, in writing, and in layperson’s terms to the maximum extent practicable, containing his or her analysis and determination whether the disputed health care service was consistent with the medical treatment utilization schedule established pursuant to Section 5307.27, within 30 days of the examination of the injured employee, or within less time as prescribed by the administrative director. If the disputed health care service has not been provided and the MPN independent medical reviewer certifies in writing that an imminent and serious threat to the health of the injured employee may exist, including, but not limited to, serious pain, the potential loss of life, limb, or major bodily function, or the immediate and serious deterioration of the injured employee, the report shall be expedited and rendered within three days of the examination by the MPN independent medical reviewer. Subject to the approval of the administrative director, the deadlines for analyses and determinations involving both regular and expedited reviews may be extended by the administrative director for up to three days in extraordinary circumstances or for good cause. -(g) The MPN independent medical reviewer’s analysis shall cite the injured employee’s medical condition, the relevant documents in the record, and the relevant findings associated with the documents or any other information submitted to the MPN independent medical reviewer in order to support the determination. -(h) The administrative director shall immediately adopt the determination of the MPN independent medical reviewer, and shall promptly issue a written decision to the parties. -(i) If the determination of the MPN independent medical reviewer finds that the disputed treatment or diagnostic service is consistent with Section 5307.27, the injured employee may seek the disputed treatment or diagnostic service from a physician of his or her choice from within or outside the medical provider network. Treatment outside the medical provider network shall be provided consistent with Section 5307.27. The employer shall be liable for the cost of any approved medical treatment in accordance with Section 5307.1 or 5307.11.","Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law authorizes an insurer, employer, or entity that provides physician network services to establish or modify a medical provider network for the provision of medical treatment to injured employees, and requires the administrative director to contract with individual physicians or an independent medical review organization to perform medical provider network independent medical reviews. Existing law provides that if a treatment or diagnostic service remains disputed after a 3rd physician’s opinion, the injured employee may request a medical provider network independent medical review. Existing law requires the review to use standards established in statute or use the American College of Occupational and Environmental Medicine’s Occupational Medicine Practice Guidelines. -This bill would delete the authorization to use the American College of Occupational and Environmental Medicine’s Occupational Medicine Practice Guidelines as standards for those independent medical reviews. The bill would make additional technical, nonsubstantive changes.","An act to amend Section 4616.4 of the Labor Code, relating to workers’ compensation." -256,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 84211 of the Government Code is amended to read: -84211. -Each campaign statement required by this article shall contain all of the following information: -(a) The total amount of contributions received during the period covered by the campaign statement and the total cumulative amount of contributions received. -(b) The total amount of expenditures made during the period covered by the campaign statement and the total cumulative amount of expenditures made. -(c) The total amount of contributions received during the period covered by the campaign statement from persons who have given a cumulative amount of one hundred dollars ($100) or more. -(d) The total amount of contributions received during the period covered by the campaign statement from persons who have given a cumulative amount of less than one hundred dollars ($100). -(e) The balance of cash and cash equivalents on hand at the beginning and the end of the period covered by the campaign statement. -(f) If the cumulative amount of -contributions (including loans) -contributions, including loans, -received from a person is one hundred dollars ($100) or more and a contribution or loan has been received from that person during the period covered by the campaign statement, all of the following: -(1) His or her full name. -(2) His or her street address. -(3) His or her occupation. -(4) The name of his or her employer, or if self-employed, the name of the business. -(5) The date and amount -received for -of -each contribution received during the period covered by the campaign statement -and -and, -if the contribution is a loan, the interest rate for the loan. -(6) The cumulative amount of contributions. -(g) If the cumulative amount of loans received from or made to a person is one hundred dollars ($100) or more, and a loan has been received from or made to a person during the period covered by the campaign statement, or is outstanding during the period covered by the campaign statement, all of the following: -(1) His or her full name. -(2) His or her street address. -(3) His or her occupation. -(4) The name of his or her employer, or if self-employed, the name of the business. -(5) The original date and amount of each loan. -(6) The due date and interest rate of the loan. -(7) The cumulative payment made or received to date at the end of the reporting period. -(8) The balance outstanding at the end of the reporting period. -(9) The cumulative amount of contributions. -(h) For each person, other than the filer, who is directly, indirectly, or contingently liable for repayment of a loan received or outstanding during the period covered by the campaign statement, all of the following: -(1) His or her full name. -(2) His or her street address. -(3) His or her occupation. -(4) The name of his or her employer, or if self-employed, the name of the business. -(5) The amount of his or her maximum liability outstanding. -(i) The total amount of expenditures made during the period covered by the campaign statement to persons who have received one hundred dollars ($100) or more. -(j) The total amount of expenditures made during the period covered by the campaign statement to persons who have received less than one hundred dollars ($100). -(k) For each person to whom an expenditure of one hundred dollars ($100) or more has been made during the period covered by the campaign statement, all of the following: -(1) His or her full name. -(2) His or her street address. -(3) The amount of each expenditure. -(4) A brief description of the consideration for which each expenditure was made. -(5) In the case of an expenditure -which -that -is a contribution to a candidate, elected officer, or committee or an independent expenditure to support or oppose a candidate or measure, in addition to the information required in paragraphs (1) to -(4) above, -(4), inclusive, -the date of the contribution or independent -expenditure, -expenditure; -the cumulative amount of contributions made to a candidate, elected officer, or committee, or the cumulative amount of independent expenditures made relative to a candidate or measure; the full name of the candidate, and the office and district for which he or she seeks nomination or election, or the number or letter of the measure; and the jurisdiction in which the measure or candidate is voted upon. -(6) The information required in paragraphs (1) to (4), inclusive, for each person, if different from the payee, who has provided consideration for an expenditure of five hundred dollars ($500) or more during the period covered by the campaign statement. -For purposes of subdivisions (i), (j), and (k) only, -the terms -“expenditure” or “expenditures” mean any individual payment or accrued expense, unless it is clear from surrounding circumstances that a series of payments or accrued expenses are for a single service or product. -(l) In the case of a controlled committee, an official committee of a political party, or an organization formed or existing primarily for political purposes, the amount and source of any miscellaneous receipt. -(m) If a committee is listed pursuant to subdivision (f), (g), (h), (k), (l), or -(q), -(p), -the number assigned to the committee by the Secretary of State shall be listed, or if no number has been assigned, the full name and street address of the treasurer of the committee. -(n) In a campaign statement filed by a candidate who is a candidate in both a state primary and general election, his or her controlled committee, or a committee primarily formed to support or oppose such a candidate, the total amount of contributions received and the total amount of expenditures made for the period January 1 -through -to -June 30 -, inclusive, -and the total amount of contributions received and expenditures made for the period July 1 -through -to -December 31 -, inclusive -. -(o) The full name, residential or business address, and telephone number of the filer, or in the case of a campaign statement filed by a committee defined by subdivision (a) of Section 82013, the name, street address, and telephone number of the committee and of the committee treasurer. In the case of a committee defined by subdivision (b) or (c) of Section 82013, the name that the filer uses on campaign statements shall be the name by which the filer is identified for other legal purposes or any name by which the filer is commonly known to the public. -(p) If the campaign statement is filed by a candidate, the name, street address, and treasurer of any committee of which he or she has knowledge which has received contributions or made expenditures on behalf of his or her candidacy and whether the committee is controlled by the candidate. -(q) A contribution need not be reported nor shall it be deemed accepted if it is not cashed, negotiated, or deposited and is returned to the contributor before the closing date of the campaign statement on which the contribution would otherwise be reported. -(r) If a committee primarily formed for the qualification or support of, or opposition to, an initiative or ballot measure is required to report an expenditure to a business entity pursuant to subdivision (k) and 50 percent or more of the business entity is owned by a candidate or person controlling the committee, by an officer or employee of the committee, or by a spouse of any of these individuals, the committee’s campaign statement shall also contain, in addition to the information required by subdivision (k), that person’s name, the relationship of that person to the committee, and a description of that person’s ownership interest or position with the business entity. -(s) If a committee primarily formed for the qualification or support of, or opposition to, an initiative or ballot measure is required to report an expenditure to a business entity pursuant to subdivision (k), and a candidate or person controlling the committee, an officer or employee of the committee, or a spouse of any of these individuals is an officer, partner, consultant, or employee of the business entity, the committee’s campaign statement shall also contain, in addition to the information required by subdivision (k), that person’s name, the relationship of that person to the committee, and a description of that person’s ownership interest or position with the business entity. -(t) If the campaign statement is filed by a committee, as defined in subdivision (b) or (c) of Section 82013, information sufficient to identify the nature and interests of the filer, including: -(1) If the filer is an individual, the name and address of the filer’s employer, if any, or his or her principal place of business if the filer is self-employed, and a description of the business activity in which the filer or his or her employer is engaged. -(2) If the filer is a business entity, a description of the business activity in which it is engaged. -(3) If the filer is an industry, trade, or professional association, a description of the industry, trade, or profession which it represents, including a specific description of any portion or faction of the industry, trade, or profession which the association exclusively or primarily represents. -(4) If the filer is not an individual, business entity, or industry, trade, or professional association, a statement of the person’s nature and purposes, including a description of any industry, trade, profession, or other group with a common economic interest which the person principally represents or from which its membership or financial support is principally derived.","The Political Reform Act of 1974 generally requires elected officials, candidates for elective office, and committees formed primarily to support or oppose a candidate for public office or a ballot measure, along with other entities, to file periodic campaign statements. The act requires that these campaign statements contain prescribed information related to campaign contributions and expenditures of the filing entities. -This bill would correct an erroneous cross-reference in these provisions and would make other technical, nonsubstantive changes.","An act to amend Section 84211 of the Government Code, relating to the Political Reform Act of 1974." -257,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 115843.6 of the Health and Safety Code is amended to read: -115843.6. -(a) In the Bear Lake Reservoir, recreational uses shall not include recreation in which any participant has bodily contact with the water, unless all of the following conditions are satisfied: -(1) The water subsequently receives complete water treatment, in compliance with all applicable board regulations, including oxidation, filtration, and disinfection, before being used for domestic purposes. The disinfection shall include, but is not limited to, the use of an advanced technology capable of inactivating organisms, including, but not limited to, viruses, cryptosporidium, and giardia, to levels that comply with board regulations. The treatment shall include, but need not be limited to, filtration with a micro or ultrafiltration system rated to 0.1 micron or less. The treatment shall, at a minimum, comply with all state laws and board regulations and all federal laws and regulations, including, but not limited to, the federal Environmental Protection Agency Long Term 2 Enhanced Surface Water Treatment Rule. Nothing in this division shall limit the state or the board in imposing more stringent treatment standards than those required by federal law. -(2) The Lake Alpine Water Company conducts a monitoring program for cryptosporidium, giardia, and total coliform bacteria, including E. coli and fecal coliform, at the reservoir intake and at posttreatment at a frequency determined by the board, but no less than three times during the period when bodily contact is allowed pursuant to paragraph (4). -(3) The reservoir is operated in compliance with regulations of the board. -(4) Bodily contact is allowed for no more than four months each year. -(b) The recreational use of Bear Lake Reservoir shall be subject to additional conditions and restrictions adopted by the entity operating the water supply reservoir, or required by the board, that are required to further protect or enhance the public health and safety and do not conflict with regulations of the board. -(c) The Lake Alpine Water Company shall file, on or before December 31, 2017, and biennially thereafter, with the Legislature in accordance with Section 9795 of the Government Code and the board, a report on the recreational uses at Bear Lake Reservoir and the water treatment program for that reservoir. That report shall include, but is not limited to, all of the following information: -(1) The estimated levels and types of recreational uses at the reservoir on a monthly basis. -(2) A summary of monitoring in the Bear Lake Reservoir watershed for cryptosporidium, giardia, and total coliform bacteria, including E. coli and fecal coliform. -(3) The most current sanitary survey of the watershed and water quality monitoring. -(4) As deemed necessary by the board, an evaluation of recommendations relating to inactivation and removal of cryptosporidium and giardia. -(5) Annual reports provided to the board as required by the water permit issued by the board. -(6) An evaluation of the impact on source water quality due to recreational activities on Bear Lake Reservoir, including any microbiological monitoring. -(7) A summary of activities for operation of recreational uses and facilities in a manner that optimizes the water quality. -(8) The reservoir management plan and the operations plan. -(9) The annual water reports submitted to the consumers each year. -(d) If there is a change in operation of the treatment facility or a change in the quantity of water to be treated at the treatment facility, the board may require the entity operating the water supply reservoir to file a report that includes, but is not limited to, the information required in subdivision (c), and the entity shall demonstrate to the satisfaction of the board that water quality will not be adversely affected. -(e) (1) The board shall, at the end of each recreational season, annually review monitoring and reporting data from the Bear Lake Reservoir to ensure full compliance with this section. -(2) If at any time the board finds a failure to comply with this section, the exemption granted pursuant to this section shall cease immediately, and a permit issued to the Lake Alpine Water Company pursuant to Chapter 4 (commencing with Section 116270) of Part 12 may be subject to suspension, amendment, or revocation pursuant to that chapter. A failure to comply with this section shall be deemed a violation of Chapter 4 (commencing with Section 116270) of Part 12 and shall be subject to any applicable fines, penalties, or other enforcement action provided under that chapter. -(f) As used in this section, “board” means the State Water Resources Control Board. -(g) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the Bear Lake Reservoir. The facts constituting the special circumstances are: -Recreational activities occur at Bear Lake Reservoir pursuant to Section 115843.6 of the Health and Safety Code, provided certain conditions are met. The Lake Alpine Water Company will continue effective water treatment through microfiltration and disinfection in order for bodily contact to continue, and the company will provide information to the Legislature regarding certain issues to ensure that any recreational uses at the reservoir do not affect the provision of domestic water to district customers. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law prohibits recreational use involving bodily contact with the water in Bear Lake Reservoir unless certain conditions are satisfied, including that the water subsequently receives complete water treatment. Existing law requires the Lake Alpine Water Company, on or before January 1, 2016, to file with the Legislature a report on the recreational uses at Bear Lake Reservoir and the water treatment program for that reservoir. Existing law provides that, upon a finding of noncompliance, the Lake Alpine Water Company could be subject to suspension, amendment, or revocation of any permit issued pursuant to specified provisions, and that failure to comply with these provisions would be deemed a violation subject to specified fines, penalties, or other enforcement actions. Existing law repeals these provisions on January 1, 2017. -This bill would extend the operation of all these provisions until January 1, 2022, and would require the Lake Alpine Water Company to file the report on or before December 31, 2017, and biennially thereafter until January 1, 2022. By expanding the scope of a crime, the bill would create a state-mandated local program. -This bill would make legislative findings and declarations as to the necessity of a special statute for the Bear Lake Reservoir. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 115843.6 of the Health and Safety Code, relating to reservoirs." -258,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 63089.1 of the Government Code is amended to read: -63089.1. -(a) The program manager acting under the guidance of the executive director shall do all of the following: -(1) Administer this chapter. -(2) Enter into a contract between the bank and each corporation for services to be provided by the corporations for one or more programs or financial products under this chapter and Chapter 1 (commencing with Section 14000) of Part 5 of Division 3 of Title 1 of the Corporations Code. -(3) In accordance with available resources, allow the use of branch offices for the purposes of making these programs under this chapter accessible to all areas of the state. -(4) Require each corporation to submit an annual written plan of operation. -(5) Authorize the distribution, transfer, leverage, and withholding of moneys in the expansion fund and trust funds. -(6) Authorize the investment of expansion and trust fund moneys. -(7) Oversee the operations of one or more programs authorized pursuant to this chapter and by Section 8684.2. -(8) Act as liaison between corporations, other state and federal agencies, lenders, and the Legislature. -(9) Act as secretary to the California Small Business Board, and attend meetings of the California Small Business Board and the bank board. -(b) The program manager may attend and participate at corporation meetings. The program manager or his or her designee shall be an ex officio, nonvoting representative on the board of directors and loan committees of each corporation. The program manager shall confer with the board of directors of each corporation as appropriate and necessary to carry out his or her duties, but in no case shall the program manager confer less than once each fiscal year. -(c) In accordance with available resources, assist corporations in applying for public and private funding opportunities, and in obtaining program support from the business community. -SEC. 2. -Section 63089.5 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is amended to read: -63089.5. -(a) There is hereby continued in existence in the State Treasury the California Small Business Expansion Fund. All or a portion of the funds in the expansion fund may be paid out, with the approval of the Department of Finance, to a financial institution or financial company that will establish a trust fund and act as trustee of the funds. -(b) The expansion fund and the trust fund shall be used for the following purposes: -(1) To pay defaulted loan guarantee or surety bond losses, or other financial product defaults or losses. -(2) To fund direct loans and other debt instruments. -(3) To pay administrative costs of corporations. -(4) To pay state support and administrative costs. -(5) To pay those costs necessary to protect a real property interest in a financial product default. -(c) The expansion fund and trust fund are created solely for the purpose of receiving state, federal, or local government moneys, and other public or private moneys to make loans, guarantees, and other financial products that the California Small Business Finance Center or a financial development corporation is authorized to provide. The program manager shall provide written notice to the Joint Legislative Budget Committee and to the Chief Clerk of the Assembly and the Secretary of the Senate who shall provide a copy of the notice to the relevant policy committees within 10 days of any nonstate funds being deposited in the expansion fund. The notice shall include the source, purpose, timeliness, and other relevant information as determined by the bank board. -(d) (1) One or more accounts in the expansion fund and the trust fund may be created by the program manager for corporations participating in one or more programs authorized under this chapter and Section 8684.2. Each account is a legally separate account, and shall not be used to satisfy loan guarantees or other financial product obligations of another corporation except when the expansion fund or trust fund is shared by multiple corporations. -(2) The program manager may create one or more holding accounts in the expansion fund or the trust fund, or in both, to accommodate the temporary or permanent transfers of funds pursuant to Section 63089.3. -(e) The amount of guarantee liability outstanding at any one time shall not exceed 10 times the amount of funds on deposit in the expansion fund plus any receivables due from funds loaned from the expansion fund to another fund in state government as directed by the Department of Finance pursuant to a statute enacted by the Legislature, including each of the trust fund accounts within the trust fund. -SEC. 3. -Section 63089.5 of the Government Code, as amended by Section 8 of Chapter 132 of the Statutes of 2014, is repealed. -SEC. 4. -Section 63089.60 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is amended to read: -63089.60. -(a) The program manager shall recommend whether the expansion fund and trust fund accounts are to be leveraged, and if so, by how much. Upon the request of the corporation, the program manager’s decision may be repealed or modified by the executive director or the bank board. -(b) The amount of guarantee liability outstanding at any one tid by a reserve of at least 10 percent to be determined by the program manager unless a higher leverage ratio for an individual corporation has been approved pursuant to subdivision (b) of Section 63089.56. -(c) The expansion fund and trust fund accounts shall be used to guarantee obligations and other financial product obligations, to pay the administrative costs of the corporations, and for other uses pursuant to this chapter and Section 8684.2. -SEC. 7. -Section 63089.61 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is repealed. -SEC. 8. -Section 63089.62 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is amended to read: -63089.62. -(a) It is the intent of the Legislature that the corporations make maximum use of their statutory authority to guarantee loans and surety bonds, and administer other financial products, including the authority to secure loans with a minimum loan loss reserve of only 10 percent, unless the program manager authorizes a higher leverage ratio for an individual corporation pursuant to subdivision (b) of Section 63089.56, so that the financing needs of small business may be met as fully as possible within the limits of corporations’ trust fund account balance. -(b) Any corporation that serves an area declared to be in a state of emergency by the Governor or a disaster area by the President of the United States, the Administrator of the United States Small Business Administration, or the United States Secretary of Agriculture shall increase the portfolio of loan guarantees where the dollar amount of the loan is less than one hundred thousand dollars ($100,000), so that at least 15 percent of the dollar value of loans guaranteed by the corporation is for those loans. The corporation shall comply with this requirement within one year of the date the emergency or disaster is declared. Upon application of a corporation, the executive director may waive or modify the rule for the corporation if the corporation demonstrates that it made a good faith effort to comply and failed to locate lending institutions in the region that the corporation serves that are willing to make guaranteed loans in that amount. -SEC. 9. -Section 63089.62 of the Government Code, as added by Section 4 of Chapter 537 of the Statutes of 2013, is repealed.","Existing law, the Small Business Financial Assistance Act of 2013, establishes the California Small Business Expansion Fund, a continuously appropriated fund that includes General Fund moneys. The act requires guarantees made by small business financial development corporations to be backed by funds on deposit in the corporation’s trust fund account or by receivables due from funds loaned from the corporation’s trust fund account to another fund in state government, as specified, and requires these loan guarantees to be secured by a reserve of at least 20%, until January 1, 2018, and 25% thereafter, as specified. -This bill would reduce the required reserve to 10% indefinitely and would make conforming changes with respect to related statements of legislative intent. -Existing law prohibits the amount of guarantee liability outstanding at any one time from exceeding 5 times the amount of funds on deposit in the expansion fund plus any receivables due from funds loaned from the expansion fund to another fund in state government, as specified, until January 1, 2018, and 4 times thereafter. -This bill would increase that maximum amount to 10 times the amount of funds on deposit in the expansion fund plus any receivables due from funds loaned from the expansion fund to another fund in state government, as specified, would apply that increased amount indefinitely, and would make conforming changes. -Existing law requires the program manager under the guidance of the executive director of the California Infrastructure and Economic Development Bank, to, among other things, authorize the distribution, transfer, and withholding of moneys in the expansion fund and trust funds. -This bill would also require the program manager to leverage moneys in the expansion fund and trust funds.","An act to amend Section 63089.1 of, and to amend and repeal Sections 63089.5, 63089.60, 63089.61, and 63089.62 of, the Government Code, relating to business." -259,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2356.5 of the Probate Code is amended to read: -2356.5. -(a) The Legislature hereby finds and declares: -(1) That conservatees with major neurocognitive disorders (MNCDs), as defined in the last published edition of the “Diagnostic and Statistical Manual of Mental Disorders,” should have a conservatorship to serve their unique and special needs. -(2) Common forms of MNCDs are known as Alzheimer’s disease, vascular dementia, dementia with Lewy bodies, Parkinson dementia, frontotemporal dementia, and mixed dementia. -(3) That, by adding powers to the probate conservatorship for conservatees with MNCDs, their unique and special needs can be met, and the basic dignity and rights of the conservatee can be safeguarded. -(4) Psychotropic medications can be misused for people with MNCDs to control behavior that conveys pain, distress, or discomfort and the administration of psychotropic medications has been and can be abused by those who prescribe and administer these medications. -(5) Since 2005, the federal Food and Drug Administration has required the packaging of all antipsychotic medications, which fall under a class of psychotropic medication, to contain a black box warning label that the medication significantly increases the risk of death for elderly people with MNCDs. -(6) Therefore, granting powers to a conservator to authorize these medications for the treatment of a person with an MNCD requires the additional protections specified in this section. -(b) For the purposes of this section, “MNCD” means a major neurocognitive disorder, as defined in the latest published edition of the “Diagnostic and Statistical Manual of Mental Disorders.” -(c) Notwithstanding any other law, a conservator may authorize the placement of a conservatee in a secured perimeter residential care facility for the elderly operated pursuant to Section 1569.698 of the Health and Safety Code, and which has a care plan that meets the requirements of Section 87705 of Title 22 of the California Code of Regulations, upon a court’s finding, by clear and convincing evidence, of all of the following: -(1) The conservatee has an MNCD. -(2) The conservatee lacks the capacity to give informed consent to this placement and has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit significantly impairs the person’s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811. -(3) The conservatee needs or would benefit from a restricted and secure environment, as demonstrated by evidence presented by the physician or psychologist referred to in paragraph (3) of subdivision (f). -(4) The proposed placement in a secured perimeter residential care facility for the elderly is the least restrictive placement appropriate to the needs of the conservatee. -(5) The secured setting is the choice of the conservator from various setting options, as documented in the person-centered care plan. -(d) Notwithstanding any other law, a conservator of a person may authorize the administration of psychotropic medications to a conservatee with an MNCD only upon a court’s finding, by clear and convincing evidence, of all of the following: -(1) The conservatee has an MNCD. -(2) The conservatee lacks the capacity to give informed consent to the administration of psychotropic medications for his or her treatment and has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit or deficits significantly impairs the person’s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811. -(3) The conservatee needs or would benefit from appropriate medication as demonstrated by evidence presented by the physician as provided in subdivision (f). -(e) Pursuant to subdivision (b) of Section 2355, in the case of a person who is an adherent of a religion whose tenets and practices call for a reliance on prayer alone for healing, the treatment required by the conservator under subdivision (d) shall be by an accredited practitioner of that religion in lieu of the administration of medications. -(f) A petition for authority to act under this section is governed by Section 2357, except: -(1) The conservatee shall be represented by an attorney pursuant to Chapter 4 (commencing with Section 1470) of Part 1. Upon granting or denying authority to a conservator under this section, the court shall discharge the attorney or order the continuation of the legal representation, consistent with the standard set forth in subdivision (a) of Section 1470. -(2) The conservatee shall be produced at the hearing, unless excused pursuant to Section 1893. -(3) The petition requesting authority under subdivision (c) shall be supported by a declaration of a physician, or a psychologist within the scope of his or her licensure, regarding each of the findings required to be made under this section for any power requested. The psychologist shall have at least two years of experience in diagnosing MNCDs. -(4) The petition requesting authority under subdivision (d) shall be supported by a declaration of a physician regarding each of the findings required to be made under this section for any power requested. The supporting declaration for a petition requesting authority under subdivision (d) shall also include all of the following: -(A) A description of the conservatee’s diagnosis and a description of the conservatee’s behavior. -(B) The recommended course of medication. -(C) A description of the pharmacological and nonpharmacological treatments and medications that have been previously used or proposed, the less invasive treatments or medications used or proposed, and why these treatments or medications have not been or would not be effective in treating the conservatee’s symptoms. -(D) The expected effects of the recommended medication on the conservatee’s overall mental health and treatment plan, including how the medication is expected to improve the conservatee’s symptoms. -(E) A description of the potential side effects of the recommended medication, including any black box warnings issued by the federal Food and Drug Administration as defined in Section 201.57(c)(1) of Title 21 of the Code of Federal Regulations. -(F) Whether the conservatee and his or her attorney have had an opportunity to provide input on the recommended medications. -(5) On or before July 1, 2017, the Judicial Council shall adopt rules of court and develop appropriate forms for the implementation of this section, and shall provide guidance to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court. -(6) The petition may be filed by any of the persons designated in Section 1891. -(g) The court investigator shall annually investigate and report to the court every two years pursuant to Sections 1850 and 1851 if the conservator is authorized to act under this section. In addition to the other matters provided in Section 1851, the conservatee shall be specifically advised by the investigator that the conservatee has the right to object to the conservator’s powers granted under this section, and the report shall also include whether powers granted under this section are warranted. If the conservatee objects to the conservator’s powers granted under this section, or the investigator determines that some change in the powers granted under this section is warranted, the court shall provide a copy of the report to the attorney of record for the conservatee. If no attorney has been appointed for the conservatee, one shall be appointed pursuant to Chapter 4 (commencing with Section 1470) of Part 1. The attorney shall, within 30 days after receiving this report, do one of the following: -(1) File a petition with the court regarding the status of the conservatee. -(2) File a written report with the court stating that the attorney has met with the conservatee and determined that the petition would be inappropriate. -(h) If authority to administer psychotropic medications is granted pursuant to subdivision (d), the conservator may change or adjust psychotropic medications without further notice to, or approval from, the court, provided that the change or adjustment is consistent with the authority granted by the courons” includes, but is not limited to, anxiolytic agents, antidepressants, mood stabilizers, antipsychotic medications, hypnotics, and psychostimulants. “Psychotropic medications” does not include medications approved by the federal Food and Drug Administration for the treatment of an MNCD or anti-Parkinson agents. -(o) This section shall not apply to a conservatee who is prescribed a psychotropic or antipsychotic medication by a physician in an acute care hospital setting or for purposes of diagnosis or therapeutic treatment not directly related to the MNCD, including, but not limited to, sedation prior to an invasive procedure or nausea prevention or relief. In those circumstances, the informed consent of the conservator may be obtained pursuant to the authority granted under Section 2355.","Existing law authorizes a conservator to place a conservatee in a secured perimeter residential care facility for the elderly, as specified, or to authorize the administration of certain prescribed medications upon a court’s finding that among other things, the conservatee has dementia and a functional impairment. Existing law requires certain findings to be made by the court for each type of authority sought by the conservator and requires a petition for authority to be supported by a declaration of a licensed physician or psychologist, as specified, regarding these findings. -This bill would replace references to the term dementia in these provisions with major neurocognitive disorders (MNCDs), as defined. The bill would require a petition requesting the authority to administer psychotropic medications, as defined, to be supported by a declaration of a physician that includes specified information, including, among other things, the recommended course of medication, the expected effects of the recommended medication on the conservatee’s overall mental health and treatment plan, including how the medication is expected to improve the conservatee’s symptoms, and a description of the potential side effects of the recommended medication. The bill would revise the court findings required for placement in a secured perimeter facility. The bill would require the Judicial Council, on or before July 1, 2017, to adopt rules of court and develop appropriate forms for the implementation of these provisions, as specified. The bill would make related changes and additional findings and declarations of the Legislature.","An act to amend Section 2356.5 of the Probate Code, relating to conservatorships." -260,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 11 (commencing with Section 122380) is added to Part 6 of Division 105 of the Health and Safety Code, to read: -CHAPTER 11. Pet Boarding Facilities -122380. -As used in this chapter, the following definitions apply: -(a) “Enrichment” means providing objects or activities, appropriate to the needs of the species, as well as the age, size, and condition of the pet, that stimulate the pet and promote the pet’s well-being. -(b) “Permanent or fixed enclosure” means a structure, including, but not limited to, an exercise run, kennel, or room, used to restrict a pet, that provides for the effective separation of a pet from the pet’s waste products. -(c) “Person” means an individual, partnership, firm, limited liability company, joint-stock company, corporation, association, trust, estate, or other legal entity. -(d) “Pet” means any nonhuman animal housed in the pet boarding facility, including, but not limited to, mammals, birds, reptiles, and amphibians. However, “pet” does not include a horse. -(e) “Pet boarding facility” means any lot, building, structure, enclosure, or premises, or a portion thereof, whereupon four or more dogs, cats, or other pets in any combination are boarded at the request of, and in exchange for compensation provided by, their owner. However, “pet boarding facility” does not include a city, county, or city and county animal control agency, society for the prevention of cruelty to animals, or humane society that contracts for the care of stray or abandoned animals, or the premises of a veterinary facility that is registered pursuant to Section 4853 of the Business and Professions Code. -(f) “Pet boarding facility operator” or “operator” means a person who owns or operates, or both, a pet boarding facility. -(g) “Temporary enclosure” means a structure used to restrict a pet, including, but not limited to, a crate or cage, that does not provide for the effective separation of a pet from the pet’s waste products. -122381. -Each pet boarding facility operator shall be responsible for all of the following: -(a) Ensuring that the entire pet boarding facility, including all equipment therein, is structurally sound and maintained in good repair. -(b) Ensuring that pests do not inhabit any part of the pet boarding facility in a number large enough to be harmful, threatening, or annoying to the pets. -(c) Ensuring the containment of pets within the pet boarding facility, and, in the event that a pet escapes, making reasonable efforts to immediately capture the escaped pet. -(d) If an escaped pet has not been captured despite reasonable efforts, ensuring that all material facts regarding the pet’s escape are reported to the local agency for animal control and to the owner. -(e) Ensuring that the pet boarding facility’s interior building surfaces, including walls and floors, are constructed in a manner that permits them to be readily cleaned and sanitized. -(f) Ensuring that light, by natural or artificial means, is distributed in a manner that permits routine inspection and cleaning, and the proper care and maintenance of the pets. -(g) If pet grooming services are offered by a pet boarding facility, separating the grooming work area from the pet boarding facility’s permanent or fixed and temporary enclosures and ensuring that the grooming areas are cleaned and sanitized at least once daily. -(h) Storing food in an area separate from permanent or fixed enclosures or temporary enclosures. -(i) Maintaining an area for isolating sick pets from healthy pets. -122382. -(a) Each permanent or fixed and temporary enclosure shall comply with all of the following standards: -(1) Be structurally sound and maintained in good repair to protect the enclosed pet from injury, to contain the pet, to keep other animals out, and to promote the health and well-being of the pet. -(2) Be maintained in a comfortable and sanitary manner. When being cleaned in a manner or with a substance that is or may be harmful to a pet within the enclosure, that pet shall be removed from the enclosure. -(3) Be constructed of material suitable for regular cleaning and sanitizing. -(4) As needed to ensure the comfort and well-being of the pet, provide heating, cooling, lighting, ventilation, shade, and protection from the elements, including, but not limited to, the sun, wind, rain, and snow. -(5) Allow a pet to turn around freely, stand easily, and sit or lie down in a comfortable position. -(b) Each enclosure is either a permanent or fixed enclosure or a temporary enclosure. -(c) In addition to the requirements set forth in subdivision (a), a permanent or fixed enclosure for a cat shall provide an elevated platform appropriate for the size of the cat. -(d) A pet may be contained in a temporary enclosure for a period not to exceed 4 hours during the day and 12 hours at night or the length of time that is humane for that particular pet, whichever is less. However, the pet shall remain outside the temporary enclosure for no less than the amount of time needed for the pet to eliminate its waste. -122383. -A pet boarding facility operator shall comply with all of the following animal care requirements: -(a) House only one pet at a time in an enclosure unless otherwise consented to by the owner. -(b) Observe each pet as necessary, but no less than once every 24 hours, in order to recognize the signs of sickness, injury, or distress, and in order to ensure that the pet, food, and waste or debris is removed as necessary to prevent contamination or injury. -(c) Provide each pet with easy and convenient access to potable water at all times, or if the behavior of the pet makes unrestricted access to water impracticable, offer water as often as necessary to ensure the pet’s health and well-being. However, water may be restricted as directed by the owner or a licensed veterinarian. -(d) Provide each pet with nutritious food in quantities and at intervals suitable for that pet. -(e) Provide each pet daily with enrichment sufficient to maintain the behavioral health of the pet. -(f) Maintain and abide by written policies and procedures that address animal care, management and safe handling, disease prevention and control, routine care, preventive care, emergency care, veterinary treatment, and disaster planning, evacuation, and recovery that are applicable to the location of the pet boarding facility. These procedures shall be reviewed with each employee who provides animal care and shall be present, in writing, either electronically or physically, in the facility and made available to all employees. -(g) Isolate those pets that have or are suspected of having a contagious condition. -(h) Ensure that each sick or injured pet is immediately provided with appropriate care and, if prudent, veterinary treatment. -(i) Ensure that the owner of a pet is notified immediately that his or her pet is sick or injured unless the owner has indicated in writing that notification of any, or a particular, type of illness or injury is not required. -(j) In the event of a natural disaster, an emergency evacuation, or other similar occurrence, ensure that the humane care and treatment of each animal is provided for, as required by this chapter, to the extent access to the pet is reasonably available. -122384. -(a) A pet boarding facility operator shall provide each owner with written information describing all of the following: -(1) Days and times during which the pet boarding facility permits pets to be dropped off and picked up. -(2) Days and times during which personnel are onsite. -(3) The square footage of the permanent or fixed and temporary enclosures in which the species of pet that the owner is boarding is customarily contained. -(4) General observation practices during each 24-hour period for the species of pet that the owner is boarding is customarily observed by personnel. -(5) The pet boarding facility’s customary daily activity schedule for the species of pet that the owner is boarding. -(b) If the pet boarding facility will materially deviate from the customary practices described in the written information required by subdivision (a) with respect to an owner’s pet, the pet boarding facility operator shall disclose those deviations to the owner or patron, as appropriate. -122385. -A pet boarding facility shall maintain either of the following: -(a) A fire alarm system that is connected to a central reporting station that alerts the local fire department in case of fire. -(b) A fire suppression sprinkler system. -122386. -(a) An animal control officer, as defined in Section 830.9 of the Penal Code, a humane officer qualified pursuant to Section 14502 or 14503 of the Corporations Code, or a peace officer who detects a violation of Sections 122380 to 122385, inclusive, if he or she decides the violation warrants formal action, shall issue a single notice to correct that shall contain all of the following information: -(1) Specify each violation of this chapter found in the inspection. -(2) Identify the corrective action for each violation. -(3) Include a specific period of time during which the listed violation or violations are to be corrected. -(b) After issuing a notice to correct pursuant to this section, the officer or another qualified officer of the issuing agency shall verify compliance with this chapter by conducting a subsequent investigation of the pet boarding facility within a reasonable period of time. -(c) An exact, legible copy of the notice to correct shall be delivered to the pet boarding facility operator at the time he or she signs the notice. In the alternative, the issuing agency may personally deliver the notice to the operator within 48 hours of its issuance, excluding holidays and weekends. The signing of the notice is an acknowledgment of receipt and does not constitute an admission of guilt. -(d) A pet boarding facility operator who is verified to have complied with a notice to correct shall not be subject to subdivision (g). -(e) A pet boarding facility operator who violates the same provision of this chapter on more than one occasion within a five-year period is not eligible to receive a notice to correct, and is guilty of an infraction on the second violation, and is guilty of a misdemeanor on the third or subsequent violation. -(f) Notwithstanding subdivision (a), a pet boarding facility operator that causes or allows harm or injury to an animal, or allows an animal to be subject to an unreasonable risk of harm or injury is guilty of a misdemeanor. -(g) Except as provided in subdivisions (e) and (f), a pet boarding facility operator who violates any provision of this chapter is guilty of an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) for the first violation and by a fine not to exceed one thousand dollars ($1,000) for each subsequent violation. The court shall weigh the gravity of the offense in setting the penalty. -122387. -(a) Nothing in this chapter shall be construed to in any way limit or affect the application or enforcement of any other law that protects animals or the rights of consumers, including, but not limited to, Section 597 of the Penal Code. -(b) Nothing in this chapter limits, or authorizes any act or omission that violates, Section 597 of the Penal Code, or any other local, state, or federal law that protects animals or the rights of consumers. -122388. -Pursuant to Section 7 of Article XI of the California Constitution, a city, county, or city and county may adopt ordinances that establish additional standards and requirements for a pet boarding facility. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law regulates the care and maintenance of animals in the care of a pet store. -This bill would establish procedures for the care and maintenance of pets boarded at a pet boarding facility, including, but not limited to, sanitation, provision of enrichment for the pet, health of the pet, and safety. The bill would specifically authorize a city, county, or city and county to adopt ordinances that establish additional standards and requirements for a pet boarding facility. The bill would require an animal control officer, a humane officer, or a peace officer who detects a violation of specified provisions by a pet boarding facility operator to issue a notice to correct and would provide that if the operator complies with the notice to correct he or she would not be subject to an infraction, except as provided. The bill would provide that an operator that causes or allows harm or injury to an animal or allows an animal to be subject to an unreasonable risk of harm or injury is guilty of a misdemeanor. The bill, except as provided, would make a violation of these provisions an infraction punishable by a fine not to exceed $250 for the first violation and not to exceed $1,000 for each subsequent violation. Because it would create a new crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Chapter 11 (commencing with Section 122380) to Part 6 of Division 105 of the Health and Safety Code, relating to pet boarding facilities." -261,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 46300 of the Education Code is amended to read: -46300. -(a) In computing average daily attendance of a school district or county office of education, there shall be included the attendance of pupils while engaged in educational activities required of those pupils and under the immediate supervision and control of an employee of the -school -district or county office -of education -who possessed a valid certification document, registered as required by law. -(b) (1) For purposes of a work experience education program in a secondary school that meets the standards of the California State Plan for Career Technical Education, “immediate supervision,” in the context of off-campus work training stations, means pupil participation in on-the-job training as outlined under a training agreement, coordinated by the school district under a state-approved plan, wherein the employer and certificated school personnel share the responsibility for on-the-job supervision. -(2) The pupil-teacher ratio in a work experience program shall not exceed 125 pupils per full-time equivalent certificated teacher coordinator. This ratio may be waived by the state board pursuant to Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2 under criteria developed by the state board. -(3) A pupil enrolled in a work experience program shall not be credited with more than one day of attendance per calendar day, and shall be a full-time pupil enrolled in regular classes that meet the requirements of Section 46141 or 46144. -(c) (1) For purposes of the rehabilitative schools, classes, or programs described in Section 48917 that require immediate supervision, “immediate supervision” means that the person to whom the pupil is required to report for training, counseling, tutoring, or other prescribed activity shares the responsibility for the supervision of the pupils in the rehabilitative activities with certificated personnel of the district. -(2) A pupil enrolled in a rehabilitative school, class, or program shall not be credited with more than one day of attendance per calendar day. -(d) (1) For purposes of computing the average daily attendance of pupils engaged in the educational activities required of high school pupils who are also enrolled in a regional occupational center or regional occupational program, the school district shall receive proportional average daily attendance credit for those educational activities that are less than the minimum schoolday, pursuant to regulations adopted by the state -board; however, none of that attendance shall be counted for purposes of computing attendance pursuant to Section 52324. -board. -(2) A school district shall not receive proportional average daily attendance credit pursuant to this subdivision for a pupil in attendance for less than 145 minutes each day. -(3) The divisor for computing proportional average daily attendance pursuant to this subdivision is 240, except that, in the case of a pupil excused from physical education classes pursuant to Section 52316, the divisor is 180. -(4) Notwithstanding any other -provision of -law, travel time of pupils to attend a regional occupational center or regional occupational program shall not be used in any manner in the computation of average daily attendance. -(e) (1) In computing the average daily attendance of a school district, there shall also be included the attendance of pupils participating in independent study conducted pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 for five or more consecutive schooldays. -(2) A pupil participating in independent study shall not be credited with more than one day of attendance per calendar day. -(3) For purposes of this subdivision, a pupil serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code consistent with subdivision (a) of Section 51745 shall not be required to participate in that activity for five or more consecutive schooldays if the pupil absent from school under this paragraph is required to do both of the following: -(A) Complete all assignments and tests missed during the absence. The teacher of any class from which a pupil is absent shall ensure that the assignments and tests are reasonably equivalent, but not necessarily identical, to the assignments and tests that the pupil missed during the absence. -(B) Complete a report or written assignment on the subject of the activities engaged in by the pupil while serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code. The teacher of any class from which a pupil is absent shall ensure that the report or written assignment is submitted within a reasonable time after the activities are completed. -(f) For purposes of cooperative career technical education programs and community classrooms described in Section 52372.1, “immediate supervision” means pupil participation in paid and unpaid on-the-job experiences, as outlined under a training agreement and individualized training plans wherein the supervisor of the training site and certificated school personnel share the responsibility for the supervision of on-the-job experiences. -(g) (1) In computing the average daily attendance of a school district, there shall be included the attendance of pupils in kindergarten after they have completed one school year in kindergarten or pupils in a transitional kindergarten program after they have completed one year in that program if one of the following conditions is met: -(A) The school district has on file for each of those pupils an agreement made pursuant to Section 48011, approved in form and content by the department and signed by the pupil’s parent or guardian, that the pupil may continue in kindergarten for not more than one additional school year. -(B) The pupils participated in a transitional kindergarten program pursuant to subdivision (c) of Section 48000. -(2) A school district may not include for apportionment purposes the attendance of any pupil for more than two years in kindergarten or for more than two years in a combination of transitional kindergarten and kindergarten. -SEC. 2. -Section 48205 of the Education Code is amended to read: -48205. -(a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is: -(1) Due to his or her illness. -(2) Due to quarantine under the direction of a county or city health officer. -(3) For the purpose of having medical, dental, optometrical, or chiropractic services rendered. -(4) For the purpose of attending the funeral services of a member of his or her immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California. -(5) For the purpose of jury duty in the manner provided for by law. -(6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent. -(7) For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of his or her religion, attendance at religious retreats, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization when the pupil’s absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board. -(8) For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code. -(9) For the purpose of spending time with a member of the pupil’s immediate family, who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district. -(b) A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence. -(c) For purposes of this section, attendance at religious retreats shall not exceed four hours per semester. -(d) Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment -payments. -payments, except for a pupil serving as a member of a precinct board for an election in accordance with paragraph (3) of subdivision (e) of Section 46300. -(e) “Immediate family,” as used in this section, has the same meaning as set forth in Section 45194, except that references -therein -in that section -to “employee” shall be deemed to be references to “pupil.”","Existing law authorizes a pupil to be excused from school for specified reasons, including for the purpose of serving as a member of a precinct board for an election. Existing law provides that an excused absence for those specified reasons are, nevertheless, absences for the purpose of computing average daily attendance and do not generate state apportionment payments. Existing law also requires that the attendance of pupils participating in independent study for 5 or more consecutive days, as specified, be included in computing the average daily attendance of the school district. -This bill would specify that, for the purpose of computing average daily attendance for pupils in independent study, a pupil serving as a member of a precinct board for an election shall not be required to participate in that activity for 5 or more consecutive days if specified requirements are met, and would specify that an absence for those reasons shall not be considered an absence for purposes of generating state apportionment payments. The bill also would delete an obsolete reference and make other nonsubstantive changes.","An act to amend Sections 46300 and 48205 of the Education Code, relating to pupil attendance." -262,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1773.1 of the Labor Code is amended to read: -1773.1. -(a) Per diem wages, as the term is used in this chapter or in any other statute applicable to public works, includes employer payments for the following: -(1) Health and welfare. -(2) Pension. -(3) Vacation. -(4) Travel. -(5) Subsistence. -(6) Apprenticeship or other training programs authorized by Section 3093, to the extent that the cost of training is reasonably related to the amount of the contributions. -(7) Worker protection and assistance programs or committees established under the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), to the extent that the activities of the programs or committees are directed to the monitoring and enforcement of laws related to public works. -(8) Industry advancement and collective bargaining agreements administrative fees, provided that these payments are made pursuant to a collective bargaining agreement to which the employer is obligated. -(9) Other purposes similar to those specified in paragraphs (1) to (5), inclusive; or other purposes similar to those specified in paragraphs (6) to (8), inclusive, if the payments are made pursuant to a collective bargaining agreement to which the employer is obligated. -(b) Employer payments include all of the following: -(1) The rate of contribution irrevocably made by the employer to a trustee or third person pursuant to a plan, fund, or program. -(2) The rate of actual costs to the employer reasonably anticipated in providing benefits to workers pursuant to an enforceable commitment to carry out a financially responsible plan or program communicated in writing to the workers affected. -(3) Payments to the California Apprenticeship Council pursuant to Section 1777.5. -(c) Employer payments are a credit against the obligation to pay the general prevailing rate of per diem wages. However, credit shall not be granted for benefits required to be provided by other state or federal law, for payments made to monitor and enforce laws related to public works if those payments are not made to a program or committee established under the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), or for payments for industry advancement and collective bargaining agreement administrative fees if those payments are not made pursuant to a collective bargaining agreement to which the employer is obligated. Credits for employer payments also shall not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing. However, an increased employer payment contribution that results in a lower hourly straight time or overtime wage shall not be considered a violation of the applicable prevailing wage determination if all of the following conditions are met: -(1) The increased employer payment is made pursuant to criteria set forth in a collective bargaining agreement. -(2) The basic hourly rate and increased employer payment are no less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the director’s general prevailing wage determination. -(3) The employer payment contribution is irrevocable unless made in error. -(d) An employer may take credit for an employer payment specified in subdivision (b), even if contributions are not made, or costs are not paid, during the same pay period for which credit is taken, if the employer regularly makes the contributions, or regularly pays the costs, for the plan, fund, or program on no less than a quarterly basis. -(e) The credit for employer payments shall be computed on an annualized basis when the employer seeks credit for employer payments that are higher for public works projects than for private construction performed by the same employer, unless one or more of the following occur: -(1) The employer has an enforceable obligation to make the higher rate of payments on future private construction performed by the employer. -(2) The higher rate of payments is required by a project labor agreement. -(3) The payments are made to the California Apprenticeship Council pursuant to Section 1777.5. -(4) The director determines that annualization would not serve the purposes of this chapter. -(f) (1) For the purpose of determining those per diem wages for contracts, the representative of any craft, classification, or type of worker needed to execute contracts shall file with the Department of Industrial Relations fully executed copies of the collective bargaining agreements for the particular craft, classification, or type of work involved. The collective bargaining agreements shall be filed after their execution and thereafter may be taken into consideration pursuant to Section 1773 whenever they are filed 30 days prior to the call for bids. If the collective bargaining agreement has not been formalized, a typescript of the final draft may be filed temporarily, accompanied by a statement under penalty of perjury as to its effective date. -(2) When a copy of the collective bargaining agreement has previously been filed, fully executed copies of all modifications and extensions of the agreement that affect per diem wages or holidays shall be filed. -(3) The failure to comply with filing requirements of this subdivision shall not be grounds for setting aside a prevailing wage determination if the information taken into consideration is correct.","Existing law requires, except for public works projects of $1,000 or less, that workers employed on public works be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality that the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed, as prescribed. Existing law requires the Director of Industrial Relations to determine the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is to be performed, and the general prevailing rate of per diem wages for holiday and overtime work. -Existing law includes, as per diem wages, employer payment for industry advancement and collective bargaining agreements administrative fees, provided that these payments are required under a collective bargaining agreement pertaining to the particular craft, classification, or type of work within the locality or the nearest labor market area at issue. Per diem wages also include employer payments for other purposes similar to those specified, including, but not limited to, certain apprenticeship or other training programs, to the extent that the cost of training is reasonably related to the amount of the contributions, and worker protection and assistance programs or committees established under the federal Labor Management Cooperation Act of 1978, to the extent that the activities of the programs or committees are directed to the monitoring and enforcement of laws related to public works. -This bill would instead require per diem wages to include industry advancement and collective bargaining agreements administrative fees if the payments are made pursuant to a collective bargaining agreement to which the employer is obligated. The bill would also exclude from per diem wages, if the payments are not made pursuant to a collective bargaining agreement to which the employer is obligated, employer payments for other purposes similar to certain apprenticeship or other training programs, worker protection and assistance programs or committees established under the federal Labor Management Cooperation Act of 1978, and industry advancement and collective bargaining agreements administrative fees, as specified. -Existing law provides that employer payments are credits against the obligation to pay the general prevailing rate of per diem wages. Credit is prohibited for benefits required to be provided by other state or federal law or for payments made to monitor and enforce laws related to public works if those payments are not made to a program or committee established under the federal Labor Management Cooperation Act of 1978. -This bill would also prohibit credit for payments for industry advancement and collective bargaining agreement administrative fees if those payments are not made pursuant to a collective bargaining agreement to which the employer is obligated.","An act to amend Section 1773.1 of Labor Code, relating to prevailing wage." -263,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1026 of the Penal Code is amended to read: -1026. -(a) If a defendant pleads not guilty by reason of insanity, and also joins with it another plea or pleas, the defendant shall first be tried as if only the other plea or pleas had been entered, and in that trial the defendant shall be conclusively presumed to have been sane at the time the offense is alleged to have been committed. If the jury finds the defendant guilty, or if the defendant pleads only not guilty by reason of insanity, the question whether the defendant was sane or insane at the time the offense was committed shall be promptly tried, either before the same jury or before a new jury in the discretion of the court. In that trial, the jury shall return a verdict either that the defendant was sane at the time the offense was committed or was insane at the time the offense was committed. If the verdict or finding is that the defendant was sane at the time the offense was committed, the court shall sentence the defendant as provided by law. If the verdict or finding is that the defendant was insane at the time the offense was committed, the court, unless it appears to the court that the sanity of the defendant has been recovered fully, shall direct that the defendant be committed to the State Department of State Hospitals for the care and treatment of the mentally disordered or any other appropriate public or private treatment facility approved by the community program director, or the court may order the defendant placed on outpatient status pursuant to Title 15 (commencing with Section 1600) of Part 2. -(b) Prior to making the order directing that the defendant be committed to the State Department of State Hospitals or other treatment facility or placed on outpatient status, the court shall order the community program director or a designee to evaluate the defendant and to submit to the court within 15 judicial days of the order a written recommendation as to whether the defendant should be placed on outpatient status or committed to the State Department of State Hospitals or other treatment facility. A person shall not be admitted to a state hospital or other treatment facility or placed on outpatient status under this section without having been evaluated by the community program director or a designee. If, however, it appears to the court that the sanity of the defendant has been recovered fully, the defendant shall be remanded to the custody of the sheriff until the issue of sanity has been finally determined in the manner prescribed by law. A defendant committed to a state hospital or other treatment facility or placed on outpatient status pursuant to Title 15 (commencing with Section 1600) of Part 2 shall not be released from confinement, parole, or outpatient status unless and until the court that committed the person, after notice and hearing, finds and determines that the person’s sanity has been restored, or meets the criteria for release pursuant to Section 4146 of the Welfare and Institutions Code. This section does not prohibit the transfer of the patient from one state hospital to any other state hospital by proper authority. This section does not prohibit the transfer of the patient to a hospital in another state in the manner provided in Section 4119 of the Welfare and Institutions Code. -(c) If the defendant is committed or transferred to the State Department of State Hospitals pursuant to this section, the court may, upon receiving the written recommendation of the medical director of the state hospital and the community program director that the defendant be transferred to a public or private treatment facility approved by the community program director, order the defendant transferred to that facility. If the defendant is committed or transferred to a public or private treatment facility approved by the community program director, the court may, upon receiving the written recommendation of the community program director, order the defendant transferred to the State Department of State Hospitals or to another public or private treatment facility approved by the community program director. If either the defendant or the prosecuting attorney chooses to contest either kind of order of transfer, a petition may be filed in the court requesting a hearing, which shall be held if the court determines that sufficient grounds exist. At that hearing, the prosecuting attorney or the defendant may present evidence bearing on the order of transfer. The court shall use the same procedures and standards of proof as used in conducting probation revocation hearings pursuant to Section 1203.2. -(d) Prior to making an order for transfer under this section, the court shall notify the defendant, the attorney of record for the defendant, the prosecuting attorney, and the community program director or a designee. -(e) When the court, after considering the placement recommendation of the community program director required in subdivision (b), orders that the defendant be committed to the State Department of State Hospitals or other public or private treatment facility, the court shall provide copies of the following documents prior to the admission of the defendant to the State Department of State Hospitals or other treatment facility where the defendant is to be committed: -(1) The commitment order, including a specification of the charges. -(2) A computation or statement setting forth the maximum term of commitment in accordance with Section 1026.5. -(3) A computation or statement setting forth the amount of credit for time served, if any, to be deducted from the maximum term of commitment. -(4) State summary criminal history information. -(5) Any arrest reports prepared by the police department or other law enforcement agency. -(6) Any court-ordered psychiatric examination or evaluation reports. -(7) The community program director’s placement recommendation report. -(8) Any medical records. -(f) If the defendant is confined in a state hospital or other treatment facility as an inpatient, the medical director of the facility shall, at six-month intervals, submit a report in writing to the court and the community program director of the county of commitment, or a designee, setting forth the status and progress of the defendant. The court shall transmit copies of these reports to the prosecutor and defense counsel. -(g) For purposes of this section and Sections 1026.1 to 1026.6, inclusive, “community program director” means the person, agency, or entity designated by the State Department of State Hospitals pursuant to Section 1605 of this code and Section 4360 of the Welfare and Institutions Code. -SEC. 2. -Section 1370.015 is added to the Penal Code, to read: -1370.015. -A person committed to the care of the State Department of State Hospitals because he or she is incompetent to stand trial or to be adjudged to punishment is eligible for compassionate release pursuant to Section 4146 of the Welfare and Institutions Code. In any case in which the criteria for compassionate release apply, the State Department of State Hospitals shall follow the procedures and standards in Section 4146 of the Welfare and Institutions Code to determine if the department should recommend to the court that the person’s commitment for treatment and the underlying criminal charges be suspended for compassionate release. -SEC. 3. -Section 2977 is added to the Penal Code, to read: -2977. -A person committed to the care of the State Department of State Hospitals because he or she is a mentally disordered offender, including a person who is found not guilty by reason of insanity, is eligible for compassionate release pursuant to Section 4146 of the Welfare and Institutions Code. In any case in which the criteria for compassionate release apply, the State Department of State Hospitals shall follow the procedures and standards in Section 4146 of the Welfare and Institutions Code to determine if the department should recommend to the court that the person’s commitment be suspended for compassionate release. This section applies to persons committed for treatment during parole and persons committed pursuant to Section 2970. If the person for whom compassionate release is recommended is on parole, notice shall be given to the Board of Parole Hearings. -SEC. 4. -Section 4146 is added to the Welfare and Institutions Code, to read: -4146. -(a) This section applies in cases in which a patient has been committed to the department as a mentally disordered offender, including a person found not guilty by reason of insanity, or a person found incompetent to stand trial or be adjudged to punishment. -(b) (1) A physician employed by the department who determines that a patient meets the criteria set forth in subparagraph (A) or (C) of paragraph (5) shall notify the medical director and the patient advocate of the prognosis. If the medical director concurs with the diagnosis, he or she shall immediately notify the Director of State Hospitals. Within 72 hours of receiving notification, the medical director or the medical director’s designee shall notify the patient of the discharge procedures under this section and obtain the patient’s consent for discharge. The medical director or the medical director’s designee shall arrange for the patient to designate a family member or other outside agent to be notified as to the patient’s medical condition, prognosis, and release procedures under this section. If the patient is unable to designate a family member or other outside agent, the medical director or the medical director’s designee shall contact any emergency contact listed, or the patient advocate if no contact is listed. -(2) The medical director or the medical director’s designee shall provide the patient and his or her family member, agent, emergency contact, or patient advocate with updated information throughout the release process with regard to the patient’s medical condition and the status of the patient’s release proceedings, including the discharge plan. A patient shall not be released unless the discharge plan verifies placement for the patient upon release. -(3) The patient or his or her family member or designee may contact the medical director or the executive director at the state hospital where the patient is located or the Director of State Hospitals to request consideration for a recommendation from the medical director or the medical director’s designee to the court that the patient’s commitment be suspended for compassionate release and the patient released from the department facility. -(4) Upon receipt of a notification or request pursuant to paragraph (1) or (3), respectively, the Director of State Hospitals may recommend to the court that the patient’s commitment be suspended for compassionate release and the patient released from the department facility. -(5) The court has the discretion to suspend the commitment for compassionate release and release the patient if the court finds that the facts described in subparagraphs (A) and (B) or subparagraphs (B) and (C) exist: -(A) The patient is terminally ill with an incurable condition caused by an illness or disease that would likely produce death within six months, as determined by a physician employed by the department. -(B) The conditions under which the patient would be released or receive treatment do not pose a threat to public safety. -(C) The patient is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform activities of basic daily living and results in the patient requiring 24-hour total care, including, but not limited to, coma, persistent vegetative state, brain death, ventilator-dependency, or loss of control of muscular or neurological function, the incapacitation did not exist at the time of the original commitment, and the medical director responsible for the patient’s care and the Director of State Hospitals both certify that the patient is incapable of receiving mental health treatment. -(c) Within 10 days of receipt of a recommendation for release by the director, the court shall hold a noticed hearing to consider whether the patient’s commitment should be suspended and the patient released. -(d) A recommendation for compassionate release submitted to the court shall include at least one medical evaluation, a discharge plan, a postrelease plan for the relocation and treatment of the patient, and the physician’s and medical director’s determination that the patient meets the criteria set forth in subparagraph (A) or (C) of paragraph (5) of subdivision (b). The court shall order the medical director to send copies of all medical records reviewed in developing the recommendation to all of the following parties: -(1) The district attorney of the county from which the patient was committed. -(2) If the patient is a mentally disordered offender on parole, the district attorney of the county from which the patient was committed to the state prison. -(3) The public defender of the county from which the patient was committed, or the patient’s private attorney, if one is available. -(4) If the patient is a mentally disordered offender on parole, the public defender of the county from which the patient was committed to the state prison, if one is available, or the patient’s private attorney, if applicable. -(5) If the patient is a mentally disordered offender on parole, the Board of Parole Hearings. -(6) If the patient is on mandatory supervision or postrelease community supervision and has been found incompetent to be adjudged to punishment, the county entity designated to supervise him or her. -(e) (1) The matter shall be heard before the same judge that originally committed the patient, if possible. -(2) If the patient is a mentally disordered offender on parole and was committed for treatment by the Board of Parole Hearings, the matter shall be heard by the court that committed the patient to the state prison for the underlying conviction, if possible. -(f) If the court approves the recommendation for compassionate release, the patient’s commitment shall be suspended and the patient shall be released by the department within 72 hours of receipt of the court’s order, unless a longer time period is requested by the director and approved by the court. -(g) The executive director of the state hospital or his or her designee shall ensure that upon release, the patient has each of the following in his or her possession, or the possession of the patient’s representative: -(1) A discharge plan. -(2) A discharge medical summary. -(3) Medical records. -(4) Identification. -(5) All necessary medications. -(6) Any property belonging to the patient. -(h) After discharge, any additional records shall be sent to the patient’s forwarding address. -(i) The Director of State Hospitals may adopt regulations to implement this section. The adoption of regulations for the implementation of this section by the department is exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). -(j) For the purposes of this section, a patient whose commitment has been suspended for compassionate release shall not be considered to be under the custody of, or the responsibility of, the State Department of State Hospitals. -(k) If a patient’s commitment order is suspended pursuant to this section, it may be reinstated by the court pursuant to a finding by the State Department of State Hospitals that the patient’s condition has changed such that he or she poses a threat to public safety, or no longer meets the criteria for compassionate release described in subparagraph (A) or (C) of paragraph (5) of subdivision (b). -(l) The State Department of State Hospitals, in consultation with relevant stakeholders, including, but not limited to, local law enforcement and correctional officials, shall promulgate regulations in accordance with subdivision (i) to establish a process for petitioning the court for reinstatement of a suspended commitment order, pursuant to subdivision (k).","Existing law requires, when a defendant pleads not guilty by reason of insanity, that a jury determine whether the defendant was sane or insane at the time the offense was committed. Under existing law, if a defendant is found to be not guilty by reason of insanity, the court is required to commit the person to a state hospital, or a public or private treatment facility, or place him or her on outpatient status, as specified. Existing law, subject to exceptions, authorizes the release of a prisoner from state prison if the court finds that the prisoner is terminally ill with an incurable condition caused by an illness or disease that would produce death within 6 months, as determined by a physician employed by the department, and that conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety. -This bill would establish similar compassionate release provisions for a defendant who has been committed to a state hospital because, among other reasons, the defendant is incompetent to stand trial or to be adjudged to punishment, or the defendant is a mentally disordered offender, including a person who has been found not guilty by reason of insanity. The bill would make additional conforming changes and would authorize the director to adopt emergency regulations to implement these provisions.","An act to amend Section 1026 of, and to add Sections 1370.015 and 2977 to, the Penal Code, and to add Section 4146 to the Welfare and Institutions Code, relating to criminal procedure." -264,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 6.3 (commencing with Section 21530) is added to Division 21 of the Elections Code, to read: -CHAPTER 6.3. County of Los Angeles Citizens Redistricting Commission -21530. -As used in this chapter, the following terms have the following meanings: -(a) “Board” means the Board of Supervisors of the County of Los Angeles. -(b) “Commission” means the Citizens Redistricting Commission in the County of Los Angeles established pursuant to Section 21532. -(c) “Immediate family member” means a spouse, child, in-law, parent, or sibling. -21531. -There is, in the County of Los Angeles, a Citizens Redistricting Commission. In the year following the year in which the decennial federal census is taken, the commission shall adjust the boundary lines of the supervisorial districts of the board in accordance with this chapter. -21532. -(a) The commission shall be created no later than December 31, 2020, and in each year ending in the number zero thereafter. -(b) The selection process is designed to produce a commission that is independent from the influence of the board and reasonably representative of the county’s diversity. -(c) The commission shall consist of 14 members. The political party preferences of the commission members, as shown on the members’ most recent affidavits of registration, shall be as proportional as possible to the total number of voters who are registered with each political party in the County of Los Angeles, as determined by registration at the most recent statewide election. However, the political party preferences of the commission members are not required to be exactly the same as the proportion of political party preferences among the registered voters of the county. At least one commission member shall reside in each of the five existing supervisorial districts of the board. -(d) Each commission member shall meet all of the following qualifications: -(1) Be a resident of the County of Los Angeles. -(2) Be a voter who has been continuously registered in the County of Los Angeles with the same political party or unaffiliated with a political party and who has not changed political party affiliation for five or more years immediately preceding the date of his or her appointment to the commission. -(3) Have voted in at least one of the last three statewide elections immediately preceding his or her application to be a member of the commission. -(4) Within the 10 years immediately preceding the date of application to the commission, neither the applicant, nor an immediate family member of the applicant, has done any of the following: -(A) Been appointed to, elected to, or have been a candidate for office at the local, state, or federal level representing the County of Los Angeles, including as a member of the board. -(B) Served as an employee of, or paid consultant for, an elected representative at the local, state, or federal level representing the County of Los Angeles. -(C) Served as an employee of, or paid consultant for, a candidate for office at the local, state, or federal level representing the County of Los Angeles. -(D) Served as an officer, employee, or paid consultant of a political party or as an appointed member of a political party central committee. -(E) Been a registered state or local lobbyist. -(5) Possess experience that demonstrates analytical skills relevant to the redistricting process and voting rights, and possess an ability to comprehend and apply the applicable state and federal legal requirements. -(6) Possess experience that demonstrates an ability to be impartial. -(7) Possess experience that demonstrates an appreciation for the diverse demographics and geography of the County of Los Angeles. -(e) An interested person meeting the qualifications specified in subdivision (d) may submit an application to the county elections official to be considered for membership on the commission. The county elections official shall review the applications and eliminate applicants who do not meet the specified qualifications. -(f) (1) From the pool of qualified applicants, the county elections official shall select 60 of the most qualified applicants, taking into account the requirements described in subdivision (c). The county elections official shall make public the names of the 60 most qualified applicants for at least 30 days. The county elections official shall not communicate with a member of the board, or an agent for a member of the board, about any matter related to the nomination process or applicants before the publication of the list of the 60 most qualified applicants. -(2) During the period described in paragraph (1), the county elections official may eliminate any of the previously selected applicants if the official becomes aware that the applicant does not meet the qualifications specified in subdivision (d). -(g) (1) After complying with the requirements of subdivision (f), the county elections official shall create a subpool for each of the five existing supervisorial districts of the board. -(2) (A) At a regularly scheduled meeting of the board, the Auditor-Controller of the County of Los Angeles shall conduct a random drawing to select one commissioner from each of the five subpools established by the county elections official. -(B) After completing the random drawing pursuant to subparagraph (A), at the same meeting of the board, the Auditor-Controller shall conduct a random drawing from all of the remaining applicants, without respect to subpools, to select three additional commissioners. -(h) (1) The eight selected commissioners shall review the remaining names in the subpools of applicants and shall appoint six additional applicants to the commission. -(2) The six appointees shall be chosen based on relevant experience, analytical skills, and ability to be impartial, and to ensure that the commission reflects the county’s diversity, including racial, ethnic, geographic, and gender diversity. However, formulas or specific ratios shall not be applied for this purpose. The eight commissioners shall also consider political party preference, selecting applicants so that the political party preference of the members of the commission complies with subdivision (c). -21533. -(a) A commission member shall apply this chapter in a manner that is impartial and that reinforces public confidence in the integrity of the redistricting process. -(b) The term of office of each member of the commission expires upon the appointment of the first member of the succeeding commission. -(c) Nine members of the commission shall constitute a quorum. Nine or more affirmative votes shall be required for any official action. -(d) (1) The commission shall not retain a consultant who would not be qualified as an applicant pursuant to paragraph (4) of subdivision (d) of Section 21532. -(2) For purposes of this subdivision, “consultant” means a person, whether or not compensated, retained to advise the commission or a commission member regarding any aspect of the redistricting process. -(e) Each commission member shall be a designated employee for purposes of the conflict of interest code adopted by the County of Los Angeles pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code. -21534. -(a) The commission shall establish single-member supervisorial districts for the board pursuant to a mapping process using the following criteria as set forth in the following order of priority: -(1) Districts shall comply with the United States Constitution and each district shall have a reasonably equal population with other districts for the board, except where deviation is required to comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or allowable by law. -(2) Districts shall comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). -(3) Districts shall be geographically contiguous. -(4) The geographic integrity of any city, local neighborhood, or local community of interest shall be respected in a manner that minimizes its division to the extent possible without violating the requirements of paragraphs (1) to (3), inclusive. A community of interest is a contiguous population that shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest shall not include relationships with political parties, incumbents, or political candidates. -(5) To the extent practicable, and where this does not conflict with paragraphs (1) to (4), inclusive, districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant areas of population. -(b) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Districts shall not be drawn for purposes of favoring or discriminating against an incumbent, political candidate, or political party. -(c) (1) The commission shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). -(2) Before the commission draws a map, the commission shall conduct at least seven public hearings, to take place over a period of no fewer than 30 days, with at least one public hearing held in each supervisorial district. -(3) After the commission draws a draft map, the commission shall do both of the following: -(A) Post the map for public comment on the Internet Web site of the County of Los Angeles. -(B) Conduct at least two public hearings to take place over a period of no fewer than 30 days. -(4) (A) The commission shall establish and make available to the public a calendar of all public hearings described in paragraphs (2) and (3). Hearings shall be scheduled at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible. -(B) Notwithstanding Section 54954.2 of the Government Code, the commission shall post the agenda for the public hearings described in paragraphs (2) and (3) at least seven days before the hearings. The agenda for a meeting required by paragraph (3) shall include a copy of the draft map. -(5) (A) The commission shall arrange for the live translation of a hearing held pursuant to this chapter in an applicable language if a request for translation is made at least 24 hours before the hearing. -(B) For purposes of this paragraph, an “applicable language” means a language for which the number of residents of the County of Los Angeles who are members of a language minority is greater than or equal to 3 percent of the total voting age residents of the county. -(6) The commission shall take steps to encourage county residents to participate in the redistricting public review process. These steps may include: -(A) Providing information through media, social media, and public service announcements. -(B) Coordinating with community organizations. -(C) Posting information on the Internet Web site of the County of Los Angeles that explains the redistricting process and includes a notice of each public hearing and the procedures for testifying during a hearing or submitting written testimony directly to the commission. -(7) The board shall take all steps necessary to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide to the public ready access to redistricting data and computer software equivalent to what is available to the commission members. -(8) The board shall provide for reasonable funding and staffing for the commission. -(9) All records of the commission relating to redistricting, and all data considered by the commission in drawing a draft map or the final map, are public records. -(d) (1) The commission shall adopt a redistricting plan adjusting the boundaries of the supervisorial districts and shall file the plan with the county elections official before August 15 of the year following the year in which each decennial federal census is taken. -(2) The plan shall be effective 30 days after it is filed with the county elections official. -(3) The plan shall be subject to referendum in the same manner as ordinances. -(4) The commission shall issue, with the final map, a report that explains the basis on which the commission made its decisions in achieving compliance with the criteria described in subdivisions (a) and (b). -21535. -A commission member shall be ineligible for a period of five years beginning from the date of appointment to hold elective public office at the federal, state, county, or city level in this state. A commission member shall be ineligible for a period of three years beginning from the date of appointment to hold appointive federal, state, or local public office, to serve as paid staff for, or as a paid consultant to, the Board of Equalization, the Congress, the Legislature, or any individual legislator, or to register as a federal, state or local lobbyist in this state. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the County of Los Angeles. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the board of supervisors of each county, following each decennial federal census, and using that census as a basis, to adjust the boundaries of any or all of the supervisorial districts of the county so that the districts are as nearly equal in population as possible and comply with applicable federal law, and specifies the procedures the board of supervisors must follow in adjusting those boundaries. Existing law establishes the Independent Redistricting Commission in the County of San Diego, which is charged with adjusting the supervisorial district boundaries for the county. -This bill would establish the Citizens Redistricting Commission in the County of Los Angeles, which would be charged with adjusting the boundary lines of the districts of the Board of Supervisors of the County of Los Angeles. The commission would consist of 14 members who meet specified qualifications. This bill would require the commission to adjust the boundaries of the supervisorial districts in accordance with specified criteria and adopt a redistricting plan, which would become effective 30 days following its submission to the county elections official. By increasing the duties on local officials, the bill would impose a state-mandated local program. -This bill would make legislative findings and declarations as to the necessity of a special statute for the unique circumstances facing the County of Los Angeles. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Chapter 6.3 (commencing with Section 21530) to Division 21 of the Elections Code, relating to elections." -265,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares the following: -(a) It is a matter of statewide concern that responsible competitive bidding at the University of California become more transparent than it is at present, in order that illegal and abusive employment practices by contractors can be prevented and, if not prevented, then brought to light and eliminated, with all victims of wage theft made whole for their employers’ violations. -(b) It is a matter of statewide concern that responsible competitive bidding at the University of California not undercut the wages and benefits provided by the University of California for comparable work, given that a significant percentage of University of California employees already are eligible for public benefits and any material decrease in the compensation of employees performing such work would result in materially increased General Fund costs for the provision of benefits. -(c) It is a matter of statewide concern that the University of California not repeat past instances in which public resources have been squandered via contracting out to for-profit private contractors that charge significant administrative overhead. -(d) In amending the Public Contract Code to promote responsible contracting at the University of California, it is important to delay the amendments’ effective date until January 1, 2018, in order to afford adequate preparatory time to the university and to contractors intending to bid on university contracts, as well as to lessen the cost of the amendments’ requirements by delaying their effect until after the university’s $15 per hour minimum wage for contracted employees is fully in effect. -SEC. 2. -Section 10507.6 is added to the Public Contract Code, to read: -10507.6. -(a) For the purposes of this article, to qualify as a lowest responsible bidder or best value awardee on any contract for building maintenance, cleaning or custodial services, call center services, dining and food services, gardening, grounds keeping and plant nursery services, laborer services, mail room services, parking, shuttle bus, or transportation services, security services, storekeeper services, truck driving services, patient care technical employee services, patient billing services, medical transcribing services, patient escort services, or nursing assistant services a bidder shall satisfy the requirements set forth in this section. -(b) (1) A bidder shall certify in writing to the University of California that the bid includes a total employee compensation package, including fringe benefits, that is valued on a per-employee basis at a level sufficient that it does not undercut by more than 5 percent the average per-employee value of total compensation, including fringe benefits, for employees of the University of California who perform comparable work at the relevant campus, medical center, or laboratory at which the bidder proposes to perform the work. -(2) The University of California shall implement this section by including in its request for proposals a calculation of the average per-employee value of total compensation, including fringe benefits, for employees of the University of California who perform comparable work at the relevant campus, medical center, or laboratory, and that calculation shall use all known cost escalators to project the future rate of growth of average per-employee total compensation costs. -(c) A bidder shall certify in writing to the University of California that, within the prior five years, the bidder has not been found liable for any violation of Section 484 of the Penal Code, Sections 200 through 558, inclusive, 1197.5, or 2810.5 of the Labor Code, or any wage order issued by the Industrial Welfare Commission, in any amount totaling more than twenty thousand dollars ($20,000) or 0.3 percent of the bidder’s most recent annual gross revenue, whichever is less. -(d) All records provided by a bidder or contractor to the university pursuant to this section shall be disclosed to any member of the public making a request to the university under Section 6253 of the Government Code, provided that (1) the university shall redact those portions of such records containing confidential information within the meaning of subdivision (c) of Section 6254 of the Government Code, and (2) the university, in responding to any request made during the course of a bid process that is not yet complete, shall delay until after the bid process is complete before disclosing any records containing materials submitted by a bidder. -(e) The requirements of this section shall not apply to employees covered by Section 1191.5 of the Labor Code or subdivision (c) of Section 214 of Title 29 of the United States Code. Any employees covered by Section 1191.5 of the Labor Code or subdivision (c) of Section 214 of Title 29 of the United States Code shall be omitted from any and all certifications and disclosures required by this article. -(f) This section does not apply to any work subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. -(g) This section shall become operative January 1, 2018. -SEC. 3. -Section 10507.7 of the Public Contract Code is amended to read: -10507.7. -(a) Except as provided for in this article, the Regents of the University of California shall let all contracts involving an expenditure of more than one hundred thousand dollars ($100,000) annually for goods and materials to be sold to the University of California to the lowest responsible bidder meeting specifications, or else reject all bids. Contracts for services to be performed, other than personal or professional services, involving an expenditure of one hundred thousand dollars ($100,000) or more annually shall be made or entered into with the lowest responsible bidder meeting specifications, or else all bids shall be rejected. If the regents deem it to be for the best interest of the university, the regents may, on the refusal or failure of the successful bidder for materials, goods, or services to execute a tendered contract, award it to the second lowest responsible bidder meeting specifications. If the second lowest responsible bidder fails or refuses to execute the contract, the regents may likewise award it to the third lowest responsible bidder meeting specifications. -(b) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before, deletes or extends that date. -SEC. 4. -Section 10507.7 is added to the Public Contract Code, to read: -10507.7. -(a) Except as provided for in this article, the Regents of the University of California shall let all contracts involving an expenditure of more than one hundred thousand dollars ($100,000) annually for goods and materials to be sold to the University of California to the lowest responsible bidder meeting specifications, or else reject all bids. Contracts for services to be performed, other than personal or professional services, involving an expenditure of one hundred thousand dollars ($100,000) or more annually shall be made or entered into with the lowest responsible bidder meeting specifications, or else all bids shall be rejected. If the regents deem it to be for the best interest of the university, the regents may, on the refusal or failure of the successful bidder for materials, goods, or services to execute a tendered contract, award it to the second lowest responsible bidder meeting specifications. If the second lowest responsible bidder fails or refuses to execute the contract, the regents may likewise award it to the third lowest responsible bidder meeting specifications. -(b) For the purposes of this section, contracts for services involving an expenditure of one hundred thousand dollars ($100,000) or more annually shall include any renewal or extension of an existing contract if the renewal or extension involves an expenditure of one hundred thousand dollars ($100,000) or more annually. -(c) This section shall become operative on January 1, 2018.","Existing provisions of the California Constitution provide that the University of California constitutes a public trust and require the university to be administered by the Regents of the University of California (regents), a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including any competitive bidding procedures as may be applicable to the university by statute for the letting of construction contracts, sales of real property, and purchasing of materials, goods, and services. Existing law requires the regents, except as provided, to let all contracts involving an expenditure of $100,000 or more annually for goods and materials or services, excepting personal or professional services, to the lowest responsible bidder meeting certain specifications, or to reject all bids. Existing law, until January 1, 2018, also authorizes the bid evaluation and selection for these contracts to be determined by the best value, as defined. -This bill, beginning January 1, 2018, would require a bidder, to qualify as a lowest responsible bidder or best value awardee on contracts for specified services, among other requirements, to certify in writing to the University of California (UC) that the bid includes a total employee compensation package that is valued on a per-employee basis at a level sufficient that it does not materially undercut the average per-employee value of total compensation for UC employees who perform comparable work at the relevant campus, medical center, or laboratory at which the bidder proposes to perform the work. The bill would require the UC to include in its request for proposals a calculation of the average per-employee value of total compensation for UC employees who perform comparable work at the relevant location, as prescribed. The bill would, for these purposes, require contracts for services involving an expenditure of $100,000 or more annually to include any renewals or extensions of the contract that would result in an expenditure of $100,000 or more annually. -This bill would exclude specified employees and public works from these provisions.","An act to amend, repeal, and add Section 10507.7 of, and to add Section 10507.6 to, the Public Contract Code, relating to public contracts." -266,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14132.725 of the Welfare and Institutions Code is amended to read: -14132.725. -(a) To the extent that federal financial participation is available, face-to-face contact between a health care provider and a patient is not required under the Medi-Cal program for teleophthalmology, teledermatology, and teledentistry, and reproductive health care provided by store and forward. Services appropriately provided through the store and forward process are subject to billing and reimbursement policies developed by the department. A Medi-Cal managed care plan that contracts with the department pursuant to this chapter and Chapter 8 (commencing with Section 14200) shall be required to cover -the services described in this section. -reproductive health care provided by store and forward. -(b) For purposes of this section, “teleophthalmology, teledermatology, and teledentistry, and reproductive health care provided by store and forward” means an asynchronous transmission of medical or dental information to be reviewed at a later time by a physician at a distant site who is trained in ophthalmology or dermatology or, for teleophthalmology, by an optometrist who is licensed pursuant to Chapter 7 (commencing with Section 3000) of Division 2 of the Business and Professions Code, or a dentist, or, for reproductive health care, by a physician, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse operating within his or her scope of practice, where the physician, optometrist, dentist, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse at the distant site reviews the medical or dental information without the patient being present in real time. A patient receiving teleophthalmology, teledermatology, teledentistry, or reproductive health care by store and forward shall be notified of the right to receive interactive communication with the distant specialist physician, optometrist, dentist, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse and shall receive an interactive communication with the distant specialist physician, optometrist, dentist, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse upon request. If requested, communication with the distant specialist physician, optometrist, dentist, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse may occur either at the time of the consultation, or within 30 days of the patient’s notification of the results of the consultation. If the reviewing optometrist identifies a disease or condition requiring consultation or referral pursuant to Section 3041 of the Business and Professions Code, that consultation or referral shall be with an ophthalmologist or other appropriate physician and surgeon, as required. -(c) (1) To the extent that federal financial participation is available and any necessary federal approvals have been obtained, telephonic and electronic patient management services provided by a physician, or a nonphysician health care provider acting within his or her scope of licensure is a benefit under the Medi-Cal program, both in fee-for-service and managed care delivery systems delivered by Medi-Cal managed care plans that contract with the department pursuant to this chapter and Chapter 8 (commencing with Section 14200). Reimbursement for telephonic and electronic patient management services shall be based on the complexity of and time expended in rendering those services. -(2) This subdivision shall not be construed to authorize a Medi-Cal managed care plan to require the use of telephonic and electronic patient management services when the physician or nonphysician health care provider has determined that those services are not medically necessary. -(3) This subdivision shall not be construed to alter the scope of practice of a health care provider or authorize the delivery of health care services in a setting or in a manner -than -that -is not otherwise authorized by law. -(4) All laws regarding the confidentiality of health information and a patient’s right of access to his or her medical information shall apply to telephonic and electronic patient management services. -(5) This subdivision shall not apply to a patient in the custody of the Department of Corrections and Rehabilitation or any other correctional facility. -(d) Notwithstanding paragraph (1) of subdivision (b), separate reimbursement of a physician or a nonphysician health care provider shall not be required for any of the following: -(1) A telephonic or electronic visit that is related to a service or procedure provided to an established patient within a reasonable period of time prior to the telephonic or electronic visit, as recognized by the Current Procedural Terminology codes published by the American Medical Association. -(2) A telephonic or electronic visit that leads to a related service or procedure provided to an established patient within a reasonable period of time, or within an applicable postoperative period, as recognized by the Current Procedural Terminology codes published by the American Medical Association. -(3) A telephonic or electronic visit provided as part of a bundle of services for which reimbursement is provided for on a prepaid basis, including capitation, or which reimbursement is provided for using an episode-based payment methodology. -(4) A telephonic or electronic visit that is not initiated by an established patient, by the parents or guardians of a minor who is an established patient, or by a person legally authorized to make health care decisions on behalf of an established patient. -(e) Nothing in this section shall be construed to prohibit a Medi-Cal managed care plan from requiring documentation reasonably relevant to a telephonic or electronic visit, as recognized by the Current Procedural Terminology codes published by the American Medical Association. -(f) For purposes of this section, the following definitions apply: -(1) “Established patient” means a patient who, within three years immediately preceding the telephonic or electronic visit, has received professional services from the provider or another provider of the same specialty or subspecialty who belongs to the same group practice. -(2) “Nonphysician health care provider” means a provider, other than a physician, who is licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code. -(3) “Reproductive health care” means the general reproductive health care services described in paragraph (8) of subdivision (aa) of Section 14132. -(4) “Telephonic and electronic patient management service” means the use of electronic communication tools to enable treating physicians and nonphysician health care providers to evaluate and manage established patients in a manner that meets all of the following criteria: -(A) The service does not require an in-person visit with the physician or nonphysician health care provider. -(B) The service is initiated by the established patient, the parents or guardians of a minor who is an established patient, or a person legally authorized to make health care decisions on behalf of an established patient. “Initiated by an established patient” does not include a visit for which a provider or a person employed by a provider contacts a patient to initiate a service. -(C) The service is recognized by the Current Procedural Terminology codes published by the American Medical Association. -(g) The department may seek approval of any state plan amendments necessary to implement this section. -(h) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, and make specific this section by means of all-county letters, provider bulletins, and similar instructions.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, as specified. The Medi-Cal program is, in part, governed and funded by federal Medicaid -Program -program -provisions. Existing law provides that, to the extent that federal financial participation is available, face-to-face contact between a health care provider and a patient is not required under the Medi-Cal program for “teleophthalmology, -teledermatology -teledermatology, -and teledentistry by store and forward,” as defined to mean the asynchronous transmission of medical information to be reviewed at a later time by a licensed physician or optometrist, as specified, at a distant site. -This bill would enact similar provisions relating to the use of reproductive health care under the Medi-Cal program. The bill would provide that, to the extent that federal financial participation is available, face-to-face contact between a health care provider and a patient shall not be required under the Medi-Cal program for “reproductive health care provided by store and forward.” The bill would define that term to mean an asynchronous transmission of medical information to be reviewed at a later time by a physician, nurse practitioner, certified nurse midwife, licensed midwife, physician assistant, or registered nurse at a distant site, where the provider at the distant site reviews the dental information without the patient being present in real time, as defined and as specified. -The bill would require Medi-Cal managed care plans that contract with the department to cover reproductive health care provided by store and forward. -This bill would also provide that, to the extent federal financial participation is available and any necessary federal approvals are obtained, telephonic and electronic patient management services, as defined, provided by a physician or nonphysician health care provider acting within his or her scope of licensure shall be a benefit under the Medi-Cal program in fee-for-service and managed care delivery systems, as specified. The bill would authorize the department to seek approval of any state plan amendments necessary to implement these provisions.","An act to amend Section 14132.725 of the Welfare and Institutions Code, relating to Medi-Cal." -267,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 712.5 is added to the Public Utilities Code, to read: -712.5. -(a) (1) The commission shall cause an assessment to be completed by no later than July 1, 2018, of the adverse and beneficial economic impacts, and the net economic effects, for the County of San Luis Obispo and the surrounding regions, that could occur if the Diablo Canyon Units 1 and 2 powerplant were to temporarily or permanently shut down before the powerplant’s current operating licenses from the Nuclear Regulatory Commission expire or when the Pacific Gas and Electric Company closes the powerplant upon the expiration of its current licenses. The assessment shall include a review, as described in paragraph (4) of subdivision (b), of potential actions for the state and local jurisdictions to consider in order to mitigate the adverse economic impact of a shutdown. -(2) The assessment shall be conducted by an independent third party, selected in accordance with paragraph (1) of subdivision (c). -(b) The assessment shall consist of, but not be limited to, all of the following: -(1) Estimates of any changes in local tax revenues, changes in workforce populations, changes in indirect or induced economies, and potential impacts to ratepayers from a shutdown. -(2) A review of the economic impacts that affected the region surrounding the San Onofre Nuclear Generating Station after it was decommissioned by the Southern California Edison Company and of the relevant decommissioning plans of the San Onofre Nuclear Generating Station. -(3) A review of regions in the United States similar to the County of San Luis Obispo and the surrounding regions that have experienced the decommissioning of a nuclear powerplant and of the resulting economic impacts of the decommissioning on those regions. -(4) Identification of any contingency plans that could mitigate the adverse economic impact of a shutdown to state and local jurisdictions, the local workforce, and entities receiving enhanced tax revenue. -(c) (1) The commission shall issue a request for proposal for the independent third party that will ensure that the selected party is able to make an independent review and analysis of the data described in subdivision (b). -(2) The independent third party shall consult with the Board of Supervisors of the County of San Luis Obispo, the governing board of the San Luis Coastal Unified School District, the Center for Labor Research and Education at the University of California at Berkeley, the regional economic development group of the County of San Luis Obispo, and other relevant governmental entities or community-based organizations to assist in an accurate assessment of the economic and workforce impacts of a shutdown. -(d) The commission shall make the assessment publicly available on its Internet Web site, distribute copies to relevant state and local jurisdictions, and convene a public forum in the County of San Luis Obispo on the findings and recommendations of the assessment. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because, currently, the Diablo Canyon Units 1 and 2 powerplant, owned and operated by the Pacific Gas and Electric Company, is the last operating nuclear powerplant in California, and, on June 21, 2016, the Pacific Gas and Electric Company announced that it would not renew its licenses for Diablo Canyon Units 1 and 2, which are set to expire in 2024 and 2025, respectively. In addition, a joint proposal governing the closure of the Diablo Canyon Units 1 and 2, which included an orderly replacement of electricity from generating resources that do not emit greenhouse gases and an employee retention severance program, was signed by interested parties. Local communities were ill-prepared and given no notice after the sudden closure of the San Onofre Nuclear Generating Station was announced on June 7, 2013, and the state is still responding, at significant cost, to the sudden, permanent, and unexpected loss of baseline electricity. Therefore, an assessment is needed on the economic impact specific to a shutdown of the Diablo Canyon Units 1 and 2 powerplant to provide the state, and local communities, with valuable and necessary information to plan and prepare for that circumstance. The findings and recommendations made are not intended to interfere with or invalidate the joint proposal and can be used by local communities and parties to the joint proposal to provide further information and recommendations to minimize the local economic and other impacts that the planned closure may cause. -SEC. 3. -The Public Utilities Commission shall approve the withdrawal of four hundred thousand dollars ($400,000) from the nuclear decommissioning trust funds established by Pacific Gas and Electric Company pursuant to the Nuclear Facility Decommissioning Act of 1985 (Chapter 2 (commencing with Section 8321) of Division 4.1 of the Public Utilities Code) for the Diablo Canyon Units 1 and 2 powerplant. The commission shall use the moneys for additional staffing to urgently effectuate the third-party assessment pursuant to Section 712.5 of the Public Utilities Code. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -The Pacific Gas and Electric Company announced on June 21, 2016, that it would not renew its licenses for Diablo Canyon Units 1 and 2 and it is necessary for the Public Utilities Commission to immediately start the process of selecting an independent third party to conduct an economic assessment and to provide the independent third party with as much time as possible to conduct a thorough assessment.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The Diablo Canyon nuclear powerplant, composed of reactor Units 1 and 2, is operated by the Pacific Gas and Electric Company in the County of San Luis Obispo. Existing law requires the commission to convene, or continue, until August 26, 2025, an independent peer review panel to conduct an independent review of enhanced seismic studies and surveys of the Diablo Canyon Units 1 and 2 powerplant, including the surrounding areas of the facility and areas of nuclear waste storage. The Nuclear Facility Decommissioning Act of 1985 requires each electrical corporation owning or operating nuclear facilities to establish an externally managed, segregated fund for payment of decommissioning costs of those facilities, establishes requirements for collection of moneys for decommisioning costs in the utility’s rates and charges, and requires that the expenses associated with decommissioning of nuclear facilities be paid from those funds. Pursuant to the act, the commission ordered 2 nuclear decommissioning funds be established for the Diablo Canyon Units 1 and 2 powerplant. -This bill would require the commission to cause an assessment to be completed by no later than July 1, 2018, conducted by an independent 3rd party, selected as specified, of the adverse and beneficial economic impacts, and net economic effects, that could occur, and of potential ways for the state and local jurisdictions to mitigate the adverse economic impact, if the Diablo Canyon Units 1 and 2 powerplant were to temporarily or permanently shut down before the powerplant’s current operating licenses expire or when the Pacific Gas and Electric Company closes the powerplant upon the expiration of its current licenses. The bill would require the commission to approve the withdrawal of $400,000 from the nuclear decommissioning funds established for the Diablo Canyon Units 1 and 2 powerplant for use by the commission for additional staffing to urgently effectuate the 3rd-party assessment. -This bill would make legislative findings and declarations as to the necessity of a special statute for the Pacific Gas and Electric Company. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Section 712.5 to the Public Utilities Code, relating to electricity, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately." -268,"The people of the State of California do enact as follows: - - -SECTION 1. -The heading of Article 14 (commencing with Section 111222) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code is amended to read: -Article 14. Asian Rice Noodles, Korean Rice Cakes, and Vietnamese Rice Cakes -SEC. 2. -Section 111222 of the Health and Safety Code is amended to read: -111222. -For purposes of this article the following definitions shall apply: -(a) “Asian rice-based noodle” is defined as a rice-based pasta that contains rice powder, water, wheat starch, vegetable cooking oil, and optional ingredients to modify the pH or water activity, or to provide a preservative effect. The ingredients shall not include any animal fats or any other products derived from animals. An Asian rice-based noodle is prepared by using a traditional method that includes cooking by steaming at not less than 130 degrees Fahrenheit, for not less than four minutes. -(b) “Korean rice cake” is defined as a confection that contains rice powder, salt, sugar, various edible seeds, oil, dried beans, nuts, dried fruits, and dried pumpkin. The ingredients may not include any animal fats or any other products derived from animals. A Korean rice cake is prepared by using a traditional Korean method that includes cooking by steaming at not less than 275 degrees Fahrenheit, for not less than five minutes, nor more than 15 minutes. -(c) “Vietnamese rice cake,” also known as Bánh Tét or Bánh Chưng, is defined as a confection that contains a combination of rice, beans, and meat or fruit wrapped tightly in banana leaves for cooking. Bánh Tét is a rice cake in a cylindrical shape, and Bánh Chưng is a rice cake in a square shape. A Vietnamese rice cake is prepared using a traditional Vietnamese method that includes cooking by boiling in water for not less than 10 hours. Vietnamese rice cakes are required to be handled, prepared, and stored under sanitary conditions both when they are kept at no more than 70 degrees Fahrenheit upon completion of cooking and after the rice cakes have been cooled to below 70 degrees Fahrenheit. Any Vietnamese rice cakes that are unwrapped from the banana leaves after cooking shall be refrigerated. -SEC. 3. -Section 111223 of the Health and Safety Code is amended to read: -111223. -(a) (1) All manufacturers of Asian rice-based noodles shall place a label on the packaging of Asian rice-based noodles that indicates the date and time that the product first came out of hot holding at temperatures above 135 degrees Fahrenheit and includes a statement that the Asian rice-based noodles are perishable. -(2) The product packaging shall only be labeled once. -(3) Notwithstanding paragraphs (1) and (2), this section shall not apply to Asian rice-based noodles that have a pH of 4.6 or below, have a water activity of 0.85 or below, or have been determined by the department to be nonpotentially hazardous foods based on formulation and supporting laboratory documentation submitted to the department by the manufacturer. -(b) All manufacturers of Korean rice cakes shall place a label issued by the Korean Rice Cake Association Corporation on the Korean rice cake that indicates the date of manufacture. The Korean rice cakes label shall include a statement that the rice cake must be consumed within one day of manufacture. -(c) (1) All manufacturers of Vietnamese rice cakes shall place a label, designed by the Vietnamese Rice Cake Association, Inc., on the Vietnamese rice cake that indicates the date and time the cooking process was completed. The Vietnamese rice cakes label shall include a statement that the rice cake must be consumed within 24 hours of the date and time printed on the label. -(2) Notwithstanding paragraph (1), this section does not apply to Vietnamese rice cakes that have been determined by the department to be nonpotentially hazardous foods based on formulation and supporting laboratory documentation submitted to the department by the manufacturer. -SEC. 4. -Section 114429.3 is added to the Health and Safety Code, to read: -114429.3. -(a) Notwithstanding Sections 113996 and 114343 and if permitted by federal law, a food facility may sell Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit for no more than 24 hours. -(b) Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit but have been stored for more than 24 hours shall be destroyed in a manner approved by the enforcement agency. -(c) All Vietnamese rice cakes shall bear a label meeting the requirements of Section 111223. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Sherman Food, Drug, and Cosmetic Law, requires all manufacturers of Korean rice cakes, as defined, to place a label issued by the Korean Rice Cake Association Corporation on the Korean rice cake that indicates the date of manufacture, and requires the label to include a statement that the rice cake must be consumed within one day of manufacture. A violation of these provisions is a crime. -This bill would require, except as provided, a manufacturer of Vietnamese rice cakes, as defined, to place a label, designed by the Vietnamese Rice Cake Association, Inc., on the Vietnamese rice cake that indicates the date and time the cooking process was completed, and would require the label to include a statement that the rice cake must be consumed within 24 hours of the date and time printed on the label. By creating a new crime, this bill would impose a state-mandated local program. -Existing law, the California Retail Food Code, provides for the regulation of health and sanitation standards for food facilities, as defined, by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing the California Retail Food Code. A violation of these provisions is a crime. Existing law authorizes a food facility to sell Korean rice cakes, as defined, that have been at room temperature for no more than 24 hours, and requires, at the end of the operating day, Korean rice cakes that have been at room temperature for no more than 24 hours to be destroyed in a manner approved by the enforcement agency. -This bill would also authorize a food facility to sell Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit for no more than 24 hours and would require Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit but have been stored for more than 24 hours to be destroyed in a manner approved by the enforcement agency. By imposing new enforcement requirements on local health agencies, and by creating a new crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to amend Sections 111222 and 111223 of, to amend the heading of Article 14 (commencing with Section 111222) of Chapter 5 of Part 5 of Division 104 of, and to add Section 114429.3 to, the Health and Safety Code, relating to food." -269,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the First Validating Act of 2016. -SEC. 2. -As used in this act: -(a) “Public body” means all of the following: -(1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” also means all cities, counties, cities and counties, districts, authorities, agencies, boards, commissions, and other entities, whether created by a general statute or a special act, including, but not limited to, the following: -Agencies, boards, commissions, or entities constituted or provided for under or pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). -Air pollution control districts of any kind. -Air quality management districts. -Airport districts. -Assessment districts, benefit assessment districts, and special assessment districts of any public body. -Bridge and highway districts. -California water districts. -Citrus pest control districts. -City maintenance districts. -Community college districts. -Community development commissions in their capacity to act as a housing authority for other community development purposes of the jurisdiction in which the commission operates, except for any action taken with respect to the commission’s authority to act as a community redevelopment agency. -Community facilities districts. -Community rehabilitation districts. -Community revitalization and investment authorities. -Community services districts. -Conservancy districts. -Cotton pest abatement districts. -County boards of education. -County drainage districts. -County flood control and water districts. -County free library systems. -County maintenance districts. -County sanitation districts. -County service areas. -County transportation commissions. -County water agencies. -County water authorities. -County water districts. -County waterworks districts. -Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. -Distribution districts of any public body. -Drainage districts. -Enhanced infrastructure financing districts. -Fire protection districts. -Flood control and water conservation districts. -Flood control districts. -Garbage and refuse disposal districts. -Garbage disposal districts. -Geologic hazard abatement districts. -Harbor districts. -Harbor improvement districts. -Harbor, recreation, and conservation districts. -Health care authorities. -Highway districts. -Highway interchange districts. -Highway lighting districts. -Housing authorities. -Improvement districts or improvement areas of any public body. -Industrial development authorities. -Infrastructure financing districts. -Integrated financing districts. -Irrigation districts. -Joint highway districts. -Levee districts. -Library districts. -Library districts in unincorporated towns and villages. -Local agency formation commissions. -Local health care districts. -Local health districts. -Local hospital districts. -Local transportation authorities or commissions. -Maintenance districts. -Memorial districts. -Metropolitan transportation commissions. -Metropolitan water districts. -Mosquito abatement and vector control districts. -Multifamily improvement districts. -Municipal improvement districts. -Municipal utility districts. -Municipal water districts. -Nonprofit corporations. -Nonprofit public benefit corporations. -Open-space maintenance districts. -Parking and business improvement areas. -Parking authorities. -Parking districts. -Permanent road divisions. -Pest abatement districts. -Police protection districts. -Port districts. -Property and business improvement areas. -Protection districts. -Public cemetery districts. -Public utility districts. -Rapid transit districts. -Reclamation districts. -Recreation and park districts. -Regional justice facility financing agencies. -Regional park and open-space districts. -Regional planning districts. -Regional transportation commissions. -Resort improvement districts. -Resource conservation districts. -River port districts. -Road maintenance districts. -Sanitary districts. -School districts of any kind or class. -School facilities improvement districts. -Separation of grade districts. -Service authorities for freeway emergencies. -Sewer districts. -Sewer maintenance districts. -Small craft harbor districts. -Special municipal tax districts. -Stone and pome fruit pest control districts. -Storm drain maintenance districts. -Storm drainage districts. -Storm drainage maintenance districts. -Storm water districts. -Toll tunnel authorities. -Traffic authorities. -Transit development boards. -Transit districts. -Unified and union school districts’ public libraries. -Vehicle parking districts. -Water agencies. -Water authorities. -Water conservation districts. -Water districts. -Water replenishment districts. -Water storage districts. -Watermaster districts. -Wine grape pest and disease control districts. -Zones, improvement zones, or service zones of any public body. -(2) Notwithstanding paragraph (1), a “public body” does not include any of the following: -(A) A community redevelopment agency formed pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). -(B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. -(C) A joint powers authority that includes a community redevelopment agency or a community development commission as a member, with respect to its exercise of the powers of a community redevelopment agency. -(3) “Public body” includes both of the following: -(A) The successor agency to the Redevelopment Agency of the City and County of San Francisco, solely for the purpose of issuing bonds or incurring other indebtedness pursuant to the provisions of Section 34177.7 of the Health and Safety Code. -(B) A successor agency, as defined in subdivision (j) of Section 34171 of the Health and Safety Code, solely for the purpose of issuing bonds or incurring other indebtedness pursuant to the provisions of Section 34177.5 of the Health and Safety Code. -(b) “Bonds” means all instruments evidencing an indebtedness of a public body incurred or to be incurred for any public purpose, all leases, installment purchase agreements, or similar agreements wherein the obligor is one or more public bodies, all instruments evidencing the borrowing of money in anticipation of taxes, revenues, or other income of that body, all instruments payable from revenues or special funds of those public bodies, all certificates of participation evidencing interests in the leases, installment purchase agreements, or similar agreements, and all instruments funding, refunding, replacing, or amending any thereof or any indebtedness. -(c) “Hereafter” means any time subsequent to the effective date of this act. -(d) “Heretofore” means any time prior to the effective date of this act. -(e) “Now” means the effective date of this act. -SEC. 3. -All public bodies heretofore organized or existing under any law, or under color of any law, are hereby declared to have been legally organized and to be legally functioning as those public bodies. Every public body, heretofore described, shall have all the rights, powers, and privileges, and be subject to all the duties and obligations, of those public bodies regularly formed pursuant to law. -SEC. 4. -The boundaries of every public body as heretofore established, defined, or recorded, or as heretofore actually shown on maps or plats used by the assessor, are hereby confirmed, validated, and declared legally established. -SEC. 5. -All acts and proceedings heretofore taken by any public body or bodies under any law, or under color of any law, for the annexation or inclusion of territory into those public bodies or for the annexation of those public bodies to any other public body or for the detachment, withdrawal, or exclusion of territory from any public body or for the consolidation, merger, or dissolution of any public bodies are hereby confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of any public body and of any person, public officer, board, or agency heretofore done or taken upon the question of the annexation or inclusion or of the withdrawal or exclusion of territory or the consolidation, merger, or dissolution of those public bodies. -SEC. 6. -(a) All acts and proceedings heretofore taken by or on behalf of any public body under any law, or under color of any law, for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds of any public body for any public purpose are hereby authorized, confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of public bodies and of any person, public officer, board, or agency heretofore done or taken upon the question of the authorization, issuance, sale, execution, delivery, or exchange of bonds. -(b) All bonds of, or relating to, any public body heretofore issued shall be, in the form and manner issued and delivered, the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore awarded and sold to a purchaser and hereafter issued and delivered in accordance with the contract of sale and other proceedings for the award and sale shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued by ordinance, resolution, order, or other action adopted or taken by or on behalf of the public body and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued at an election and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. Whenever an election has heretofore been called for the purpose of submitting to the voters of any public body the question of issuing bonds for any public purpose, those bonds, if hereafter authorized by the required vote and in accordance with the proceedings heretofore taken, and issued and delivered in accordance with that authorization, shall be the legal, valid, and binding obligations of the public body. -SEC. 7. -(a) This act shall operate to supply legislative authorization as may be necessary to authorize, confirm, and validate any acts and proceedings heretofore taken pursuant to authority the Legislature could have supplied or provided for in the law under which those acts or proceedings were taken. -(b) This act shall be limited to the validation of acts and proceedings to the extent that the same can be effectuated under the California Constitution and the United States Constitution. -(c) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter being legally contested or inquired into in any legal proceeding now pending and undetermined or that is pending and undetermined during the period of 30 days from and after the effective date of this act. -(d) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter that has heretofore been determined in any legal proceeding to be illegal, void, or ineffective. -(e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. -SEC. 8. -Any action or proceeding contesting the validity of any action or proceeding heretofore taken under any law, or under color of any law, for the formation, organization, or incorporation of any public body, or for any annexation thereto, detachment or exclusion therefrom, or other change of boundaries thereof, or for the consolidation, merger, or dissolution of any public bodies, or for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds thereof upon any ground involving any alleged defect or illegality not effectively validated by the prior provisions of this act and not otherwise barred by any statute of limitations or by laches shall be commenced within six months of the effective date of this act, otherwise each and all of those matters shall be held to be valid and in every respect legal and incontestable. This act shall not extend the period allowed for legal action beyond the period that it would be barred by any presently existing valid statute of limitations. -SEC. 9. -Nothing contained in this act shall be construed to render the creation of any public body, or any change in the boundaries of any public body, effective for purposes of assessment or taxation unless the statement, together with the map or plat, required to be filed pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, is filed within the time and substantially in the manner required by those sections. -SEC. 10. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to validate the organization, boundaries, acts, proceedings, and bonds of public bodies as soon as possible, it is necessary that this act take immediate effect.","This bill would enact the First Validating Act of 2016, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to validate the organization, boundaries, acts, proceedings, and bonds of public bodies, and to provide limitations of time in which actions may be commenced, and declaring the urgency thereof, to take effect immediately." -270,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the Second Validating Act of 2016. -SEC. 2. -As used in this act: -(a) “Public body” means all of the following: -(1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” also means all cities, counties, cities and counties, districts, authorities, agencies, boards, commissions, and other entities, whether created by a general statute or a special act, including, but not limited to, the following: -Agencies, boards, commissions, or entities constituted or provided for under or pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). -Air pollution control districts of any kind. -Air quality management districts. -Airport districts. -Assessment districts, benefit assessment districts, and special assessment districts of any public body. -Bridge and highway districts. -California water districts. -Citrus pest control districts. -City maintenance districts. -Community college districts. -Community development commissions in their capacity to act as a housing authority for other community development purposes of the jurisdiction in which the commission operates, except for any action taken with respect to the commission’s authority to act as a community redevelopment agency. -Community facilities districts. -Community rehabilitation districts. -Community revitalization and investment authorities. -Community services districts. -Conservancy districts. -Cotton pest abatement districts. -County boards of education. -County drainage districts. -County flood control and water districts. -County free library systems. -County maintenance districts. -County sanitation districts. -County service areas. -County transportation commissions. -County water agencies. -County water authorities. -County water districts. -County waterworks districts. -Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. -Distribution districts of any public body. -Drainage districts. -Enhanced infrastructure financing districts. -Fire protection districts. -Flood control and water conservation districts. -Flood control districts. -Garbage and refuse disposal districts. -Garbage disposal districts. -Geologic hazard abatement districts. -Harbor districts. -Harbor improvement districts. -Harbor, recreation, and conservation districts. -Health care authorities. -Highway districts. -Highway interchange districts. -Highway lighting districts. -Housing authorities. -Improvement districts or improvement areas of any public body. -Industrial development authorities. -Infrastructure financing districts. -Integrated financing districts. -Irrigation districts. -Joint highway districts. -Levee districts. -Library districts. -Library districts in unincorporated towns and villages. -Local agency formation commissions. -Local health care districts. -Local health districts. -Local hospital districts. -Local transportation authorities or commissions. -Maintenance districts. -Memorial districts. -Metropolitan transportation commissions. -Metropolitan water districts. -Mosquito abatement and vector control districts. -Multifamily improvement districts. -Municipal improvement districts. -Municipal utility districts. -Municipal water districts. -Nonprofit corporations. -Nonprofit public benefit corporations. -Open-space maintenance districts. -Parking and business improvement areas. -Parking authorities. -Parking districts. -Permanent road divisions. -Pest abatement districts. -Police protection districts. -Port districts. -Property and business improvement areas. -Protection districts. -Public cemetery districts. -Public utility districts. -Rapid transit districts. -Reclamation districts. -Recreation and park districts. -Regional justice facility financing agencies. -Regional park and open-space districts. -Regional planning districts. -Regional transportation commissions. -Resort improvement districts. -Resource conservation districts. -River port districts. -Road maintenance districts. -Sanitary districts. -School districts of any kind or class. -School facilities improvement districts. -Separation of grade districts. -Service authorities for freeway emergencies. -Sewer districts. -Sewer maintenance districts. -Small craft harbor districts. -Special municipal tax districts. -Stone and pome fruit pest control districts. -Storm drain maintenance districts. -Storm drainage districts. -Storm drainage maintenance districts. -Storm water districts. -Toll tunnel authorities. -Traffic authorities. -Transit development boards. -Transit districts. -Unified and union school districts’ public libraries. -Vehicle parking districts. -Water agencies. -Water authorities. -Water conservation districts. -Water districts. -Water replenishment districts. -Water storage districts. -Watermaster districts. -Wine grape pest and disease control districts. -Zones, improvement zones, or service zones of any public body. -(2) Notwithstanding paragraph (1), a “public body” does not include any of the following: -(A) A community redevelopment agency formed pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). -(B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. -(C) A joint powers authority that includes a community redevelopment agency or a community development commission as a member, with respect to its exercise of the powers of a community redevelopment agency. -(3) “Public body” includes both of the following: -(A) The successor agency to the Redevelopment Agency of the City and County of San Francisco, solely for the purpose of issuing bonds or incurring other indebtedness pursuant to the provisions of Section 34177.7 of the Health and Safety Code. -(B) A successor agency, as defined in subdivision (j) of Section 34171 of the Health and Safety Code, solely for the purpose of issuing bonds or incurring other indebtedness pursuant to the provisions of Section 34177.5 of the Health and Safety Code. -(b) “Bonds” means all instruments evidencing an indebtedness of a public body incurred or to be incurred for any public purpose, all leases, installment purchase agreements, or similar agreements wherein the obligor is one or more public bodies, all instruments evidencing the borrowing of money in anticipation of taxes, revenues, or other income of that body, all instruments payable from revenues or special funds of those public bodies, all certificates of participation evidencing interests in the leases, installment purchase agreements, or similar agreements, and all instruments funding, refunding, replacing, or amending any thereof or any indebtedness. -(c) “Hereafter” means any time subsequent to the effective date of this act. -(d) “Heretofore” means any time prior to the effective date of this act. -(e) “Now” means the effective date of this act. -SEC. 3. -All public bodies heretofore organized or existing under any law, or under color of any law, are hereby declared to have been legally organized and to be legally functioning as those public bodies. Every public body, heretofore described, shall have all the rights, powers, and privileges, and be subject to all the duties and obligations, of those public bodies regularly formed pursuant to law. -SEC. 4. -The boundaries of every public body as heretofore established, defined, or recorded, or as heretofore actually shown on maps or plats used by the assessor, are hereby confirmed, validated, and declared legally established. -SEC. 5. -All acts and proceedings heretofore taken by any public body or bodies under any law, or under color of any law, for the annexation or inclusion of territory into those public bodies or for the annexation of those public bodies to any other public body or for the detachment, withdrawal, or exclusion of territory from any public body or for the consolidation, merger, or dissolution of any public bodies are hereby confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of any public body and of any person, public officer, board, or agency heretofore done or taken upon the question of the annexation or inclusion or of the withdrawal or exclusion of territory or the consolidation, merger, or dissolution of those public bodies. -SEC. 6. -(a) All acts and proceedings heretofore taken by or on behalf of any public body under any law, or under color of any law, for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds of any public body for any public purpose are hereby authorized, confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of public bodies and of any person, public officer, board, or agency heretofore done or taken upon the question of the authorization, issuance, sale, execution, delivery, or exchange of bonds. -(b) All bonds of, or relating to, any public body heretofore issued shall be, in the form and manner issued and delivered, the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore awarded and sold to a purchaser and hereafter issued and delivered in accordance with the contract of sale and other proceedings for the award and sale shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued by ordinance, resolution, order, or other action adopted or taken by or on behalf of the public body and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued at an election and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. Whenever an election has heretofore been called for the purpose of submitting to the voters of any public body the question of issuing bonds for any public purpose, those bonds, if hereafter authorized by the required vote and in accordance with the proceedings heretofore taken, and issued and delivered in accordance with that authorization, shall be the legal, valid, and binding obligations of the public body. -SEC. 7. -(a) This act shall operate to supply legislative authorization as may be necessary to authorize, confirm, and validate any acts and proceedings heretofore taken pursuant to authority the Legislature could have supplied or provided for in the law under which those acts or proceedings were taken. -(b) This act shall be limited to the validation of acts and proceedings to the extent that the same can be effectuated under the California Constitution and the United States Constitution. -(c) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter being legally contested or inquired into in any legal proceeding now pending and undetermined or that is pending and undetermined during the period of 30 days from and after the effective date of this act. -(d) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter that has heretofore been determined in any legal proceeding to be illegal, void, or ineffective. -(e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. -SEC. 8. -Any action or proceeding contesting the validity of any action or proceeding heretofore taken under any law, or under color of any law, for the formation, organization, or incorporation of any public body, or for any annexation thereto, detachment or exclusion therefrom, or other change of boundaries thereof, or for the consolidation, merger, or dissolution of any public bodies, or for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds thereof upon any ground involving any alleged defect or illegality not effectively validated by the prior provisions of this act and not otherwise barred by any statute of limitations or by laches shall be commenced within six months of the effective date of this act, otherwise each and all of those matters shall be held to be valid and in every respect legal and incontestable. This act shall not extend the period allowed for legal action beyond the period that it would be barred by any presently existing valid statute of limitations. -SEC. 9. -Nothing contained in this act shall be construed to render the creation of any public body, or any change in the boundaries of any public body, effective for purposes of assessment or taxation unless the statement, together with the map or plat, required to be filed pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, is filed within the time and substantially in the manner required by those sections. -SEC. 10. -This act shall become operative on September 1, 2016. -SEC. 11. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to validate the organization, boundaries, acts, proceedings, and bonds of public bodies as soon as possible, it is necessary that this act take immediate effect.","This bill would enact the Second Validating Act of 2016, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities. -This bill would declare that it is to take effect immediately as an urgency statute, but would become operative on a specified date.","An act to validate the organization, boundaries, acts, proceedings, and bonds of public bodies, and to provide limitations of time in which actions may be commenced, and declaring the urgency thereof, to take effect immediately." -271,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the Third Validating Act of 2016. -SEC. 2. -As used in this act: -(a) “Public body” means all of the following: -(1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” also means all cities, counties, cities and counties, districts, authorities, agencies, boards, commissions, and other entities, whether created by a general statute or a special act, including, but not limited to, the following: -Agencies, boards, commissions, or entities constituted or provided for under or pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). -Air pollution control districts of any kind. -Air quality management districts. -Airport districts. -Assessment districts, benefit assessment districts, and special assessment districts of any public body. -Bridge and highway districts. -California water districts. -Citrus pest control districts. -City maintenance districts. -Community college districts. -Community development commissions in their capacity to act as a housing authority for other community development purposes of the jurisdiction in which the commission operates, except for any action taken with respect to the commission’s authority to act as a community redevelopment agency. -Community facilities districts. -Community rehabilitation districts. -Community revitalization and investment authorities. -Community services districts. -Conservancy districts. -Cotton pest abatement districts. -County boards of education. -County drainage districts. -County flood control and water districts. -County free library systems. -County maintenance districts. -County sanitation districts. -County service areas. -County transportation commissions. -County water agencies. -County water authorities. -County water districts. -County waterworks districts. -Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. -Distribution districts of any public body. -Drainage districts. -Enhanced infrastructure financing districts. -Fire protection districts. -Flood control and water conservation districts. -Flood control districts. -Garbage and refuse disposal districts. -Garbage disposal districts. -Geologic hazard abatement districts. -Harbor districts. -Harbor improvement districts. -Harbor, recreation, and conservation districts. -Health care authorities. -Highway districts. -Highway interchange districts. -Highway lighting districts. -Housing authorities. -Improvement districts or improvement areas of any public body. -Industrial development authorities. -Infrastructure financing districts. -Integrated financing districts. -Irrigation districts. -Joint highway districts. -Levee districts. -Library districts. -Library districts in unincorporated towns and villages. -Local agency formation commissions. -Local health care districts. -Local health districts. -Local hospital districts. -Local transportation authorities or commissions. -Maintenance districts. -Memorial districts. -Metropolitan transportation commissions. -Metropolitan water districts. -Mosquito abatement and vector control districts. -Multifamily improvement districts. -Municipal improvement districts. -Municipal utility districts. -Municipal water districts. -Nonprofit corporations. -Nonprofit public benefit corporations. -Open-space maintenance districts. -Parking and business improvement areas. -Parking authorities. -Parking districts. -Permanent road divisions. -Pest abatement districts. -Police protection districts. -Port districts. -Property and business improvement areas. -Protection districts. -Public cemetery districts. -Public utility districts. -Rapid transit districts. -Reclamation districts. -Recreation and park districts. -Regional justice facility financing agencies. -Regional park and open-space districts. -Regional planning districts. -Regional transportation commissions. -Resort improvement districts. -Resource conservation districts. -River port districts. -Road maintenance districts. -Sanitary districts. -School districts of any kind or class. -School facilities improvement districts. -Separation of grade districts. -Service authorities for freeway emergencies. -Sewer districts. -Sewer maintenance districts. -Small craft harbor districts. -Special municipal tax districts. -Stone and pome fruit pest control districts. -Storm drain maintenance districts. -Storm drainage districts. -Storm drainage maintenance districts. -Storm water districts. -Toll tunnel authorities. -Traffic authorities. -Transit development boards. -Transit districts. -Unified and union school districts’ public libraries. -Vehicle parking districts. -Water agencies. -Water authorities. -Water conservation districts. -Water districts. -Water replenishment districts. -Water storage districts. -Watermaster districts. -Wine grape pest and disease control districts. -Zones, improvement zones, or service zones of any public body. -(2) Notwithstanding paragraph (1), a “public body” does not include any of the following: -(A) A community redevelopment agency formed pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). -(B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. -(C) A joint powers authority that includes a community redevelopment agency or a community development commission as a member, with respect to its exercise of the powers of a community redevelopment agency. -(3) “Public body” includes both of the following: -(A) The successor agency to the Redevelopment Agency of the City and County of San Francisco, solely for the purpose of issuing bonds or incurring other indebtedness pursuant to the provisions of Section 34177.7 of the Health and Safety Code. -(B) A successor agency, as defined in subdivision (j) of Section 34171 of the Health and Safety Code, solely for the purpose of issuing bonds or incurring other indebtedness pursuant to the provisions of Section 34177.5 of the Health and Safety Code. -(b) “Bonds” means all instruments evidencing an indebtedness of a public body incurred or to be incurred for any public purpose, all leases, installment purchase agreements, or similar agreements wherein the obligor is one or more public bodies, all instruments evidencing the borrowing of money in anticipation of taxes, revenues, or other income of that body, all instruments payable from revenues or special funds of those public bodies, all certificates of participation evidencing interests in the leases, installment purchase agreements, or similar agreements, and all instruments funding, refunding, replacing, or amending any thereof or any indebtedness. -(c) “Hereafter” means any time subsequent to the effective date of this act. -(d) “Heretofore” means any time prior to the effective date of this act. -(e) “Now” means the effective date of this act. -SEC. 3. -All public bodies heretofore organized or existing under any law, or under color of any law, are hereby declared to have been legally organized and to be legally functioning as those public bodies. Every public body, heretofore described, shall have all the rights, powers, and privileges, and be subject to all the duties and obligations, of those public bodies regularly formed pursuant to law. -SEC. 4. -The boundaries of every public body as heretofore established, defined, or recorded, or as heretofore actually shown on maps or plats used by the assessor, are hereby confirmed, validated, and declared legally established. -SEC. 5. -All acts and proceedings heretofore taken by any public body or bodies under any law, or under color of any law, for the annexation or inclusion of territory into those public bodies or for the annexation of those public bodies to any other public body or for the detachment, withdrawal, or exclusion of territory from any public body or for the consolidation, merger, or dissolution of any public bodies are hereby confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of any public body and of any person, public officer, board, or agency heretofore done or taken upon the question of the annexation or inclusion or of the withdrawal or exclusion of territory or the consolidation, merger, or dissolution of those public bodies. -SEC. 6. -(a) All acts and proceedings heretofore taken by or on behalf of any public body under any law, or under color of any law, for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds of any public body for any public purpose are hereby authorized, confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of public bodies and of any person, public officer, board, or agency heretofore done or taken upon the question of the authorization, issuance, sale, execution, delivery, or exchange of bonds. -(b) All bonds of, or relating to, any public body heretofore issued shall be, in the form and manner issued and delivered, the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore awarded and sold to a purchaser and hereafter issued and delivered in accordance with the contract of sale and other proceedings for the award and sale shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued by ordinance, resolution, order, or other action adopted or taken by or on behalf of the public body and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued at an election and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. Whenever an election has heretofore been called for the purpose of submitting to the voters of any public body the question of issuing bonds for any public purpose, those bonds, if hereafter authorized by the required vote and in accordance with the proceedings heretofore taken, and issued and delivered in accordance with that authorization, shall be the legal, valid, and binding obligations of the public body. -SEC. 7. -(a) This act shall operate to supply legislative authorization as may be necessary to authorize, confirm, and validate any acts and proceedings heretofore taken pursuant to authority the Legislature could have supplied or provided for in the law under which those acts or proceedings were taken. -(b) This act shall be limited to the validation of acts and proceedings to the extent that the same can be effectuated under the California Constitution and the United States Constitution. -(c) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter being legally contested or inquired into in any legal proceeding now pending and undetermined or that is pending and undetermined during the period of 30 days from and after the effective date of this act. -(d) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter that has heretofore been determined in any legal proceeding to be illegal, void, or ineffective. -(e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. -SEC. 8. -Any action or proceeding contesting the validity of any action or proceeding heretofore taken under any law, or under color of any law, for the formation, organization, or incorporation of any public body, or for any annexation thereto, detachment or exclusion therefrom, or other change of boundaries thereof, or for the consolidation, merger, or dissolution of any public bodies, or for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds thereof upon any ground involving any alleged defect or illegality not effectively validated by the prior provisions of this act and not otherwise barred by any statute of limitations or by laches shall be commenced within six months of the effective date of this act, otherwise each and all of those matters shall be held to be valid and in every respect legal and incontestable. This act shall not extend the period allowed for legal action beyond the period that it would be barred by any presently existing valid statute of limitations. -SEC. 9. -Nothing contained in this act shall be construed to render the creation of any public body, or any change in the boundaries of any public body, effective for purposes of assessment or taxation unless the statement, together with the map or plat, required to be filed pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, is filed within the time and substantially in the manner required by those sections.","This bill would enact the Third Validating Act of 2016, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities.","An act to validate the organization, boundaries, acts, proceedings, and bonds of public bodies, and to provide limitations of time in which actions may be commenced." -272,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 32132.9 is added to the Health and Safety Code, to read: -32132.9. -(a) Notwithstanding Section 32132 or any other law, upon approval by the board of directors of the Beach Cities Health District, the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code may be used to assign contracts for the construction of facilities or other buildings in that district. -(b) For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” shall mean the Beach Cities Health District and its board of directors. -(c) To the extent that any project utilizing the design-build process authorized by subdivision (a) is otherwise required to comply with the standards and requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with Section 129675) of Part 7 of Division 107), this section shall not be construed as an exemption from that act. -(d) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SEC. 2. -Section 32132.95 is added to the Health and Safety Code, to read: -32132.95. -(a) Notwithstanding Section 32132 or any other law, upon approval by the board of directors of the Peninsula Health Care District, the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code may be used to assign contracts for the construction of facilities or other buildings in that district. -(b) For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” shall mean the Peninsula Health Care District and its board of directors. -(c) To the extent that any project utilizing the design-build process authorized by subdivision (a) is otherwise required to comply with the standards and requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with Section 129675) of Part 7 of Division 107), this section shall not be construed as an exemption from that act. -(d) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SEC. 3. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to the Beach Cities Health District and the Peninsula Health Care District. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 5. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order for the Beach Cities Health District and the Peninsula Health Care District to facilitate construction of facilities or other buildings in those districts at the earliest possible time pursuant to design-build authority, and to ensure the expedient provision of health care services in those districts at the earliest possible time, it is necessary that this act take immediate effect. -SECTION 1. -The Legislature finds and declares all of the following: -(a)The overuse and misuse of antibiotics can lead to the development of antibiotic-resistant infections, a major public health threat. -(b)The federal Centers for Disease Control and Prevention (CDC) estimates that at least 2,000,000 Americans are infected with, and at least 23,000 Americans die as a result of, antibiotic-resistant infections every year, resulting in at least $20 billion in direct health care costs and at least $35 billion in lost productivity in the United States. -(c)Antibiotic resistance is a growing threat. A recent study commissioned by the United Kingdom determined that by 2050, worldwide, more people will die from antibiotic-resistant infections than from cancer. -(d)The overuse and misuse of antibiotics in human medicine is a significant factor driving the development of antibiotic resistance, and a majority of antibiotics are prescribed in outpatient settings, including primary care physician offices, outpatient settings where physician assistants and nurse practitioners work, dentist offices, and other specialty health care providers. -(e)According to the CDC, in one year, 262.5 million courses of antibiotics are written in outpatient settings. This equates to more than five prescriptions written each year for every six people in the United States. The CDC estimates that over one-half of the antibiotics prescribed in outpatient settings are unnecessary. -(f)More than 10 million courses of antibiotics are prescribed each year for viral conditions that do not benefit from antibiotics. -(g)Antibiotic stewardship programs, which are already required in general acute care hospitals and skilled nursing facilities in the state, but not in outpatient settings, are an effective way to reduce inappropriate antibiotic use and the prevalence of antibiotic-resistant infections. -(h)The President’s National Action Plan for Combating Antibiotic-Resistant Bacteria calls for the establishment of antibiotic stewardship activities in all health care delivery settings, including outpatient settings, by 2020. -SEC. 2. -The heading of Article 2.6 (commencing with Section 1645) of Chapter 4 of Division 2 of the -Business and Professions Code -is amended to read: -2.6. -Continuing Education and Antimicrobial Stewardship -SEC. 3. -Section 1645.5 is added to the -Business and Professions Code -, to read: -1645.5. -(a)For purposes of this section the following definitions apply: -(1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections, that is consistent with one of the following parameters: -(A)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. -(B)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. -(2)A “covered licensee” means a dentist who practices dentistry in a setting other than a clinic licensed pursuant to Section 1204 of the Health and Safety Code, a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code. -(3)“Evidence-based methods” means antimicrobial prescribing intervention methods that have been proven effective through outcome evaluations or studies, including, but not limited to, audit and feedback, academic detailing, clinical decision support, delayed prescribing practices, poster-based interventions, accountable justification, and peer comparison. -(b)A covered licensee shall adopt and implement an antimicrobial stewardship policy before applying for a renewal license. -(c)Upon filing an application with the board for a renewal license, a covered licensee shall certify in writing, on a form prescribed by the board, that he or she has both adopted an antimicrobial stewardship policy pursuant to subdivision (b) and is in compliance with that policy. -(d)(1)The board shall audit during each year a random sample of covered licensees who have certified compliance pursuant to subdivision (c). The board shall not audit an individual covered licensee more than once every four years. -(2)A covered licensee who is selected for audit shall submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. -(e)If the board determines that an audited covered licensee has failed to comply with subdivision (b), the board shall require that covered licensee to comply with subdivision (b) during the following renewal period. If the covered licensee fails to comply within that renewal period,that failure constitutes unprofessional conduct subject to discipline pursuant to Section 1670. -SEC. 4. -The heading of Article 10 (commencing with Section 2190) of Chapter 5 of Division 2 of the -Business and Professions Code -is amended to read: -10. -Continuing Medical Education and Antimicrobial Stewardship -SEC. 5. -Section 2197 is added to the -Business and Professions Code -, to read: -2197. -(a)For purposes of this section the following definitions apply: -(1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections, that is consistent with one of the following parameters: -(A)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. -(B)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. -(2)A “covered licensee” means a physician and surgeon who practices medicine in a setting other than a clinic licensed pursuant to Section 1204 of the Health and Safety Code, a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code. -(3)“Evidence-based methods” means antimicrobial prescribing intervention methods that have been proven effective through outcome evaluations or studies, including, but not limited to, audit and feedback, academic detailing, clinical decision support, delayed prescribing practices, poster-based interventions, accountable justification, and peer comparison. -(b)A covered licensee shall adopt and implement an antimicrobial stewardship policy before applying for a renewal license. -(c)Upon filing an application with the board for a renewal license, a covered licensee shall certify in writing, on a form prescribed by the board, that he or she has both adopted an antimicrobial stewardship policy pursuant to subdivision (b) and is in compliance with that policy. -(d)(1)The board shall audit during each year a random sample of covered licensees who have certified compliance pursuant to subdivision (c). The board shall not audit an individual covered licensee more than once every four years. -(2)A covered licensee who is selected for audit shall submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. -(e)If the board determines that an audited covered licensee has failed to comply with subdivision (b), the board shall require that covered licensee to comply with subdivision (b) during the following renewal period. If the covered licensee fails to comply within that renewal period, that failure constitutes unprofessional conduct subject to discipline pursuant to Section 2234. -SEC. 6. -Section 2454.6 is added to the -Business and Professions Code -, to read: -2454.6. -(a)For purposes of this section the following definitions apply: -(1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections, that is consistent with one of the following parameters: -(A)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. -(B)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. -(2)A “covered licensee” means an osteopathic physician and surgeon who practices osteopathic medicine in a setting other than a clinic licensed pursuant to Section 1204 of the Health and Safety Code, a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code. -(3)“Evidence-based methods” has the same meaning as in paragraph (3) of subdivision (a) of Section 2197. -(b)A covered licensee shall adopt and implement an antimicrobial stewardship policy before applying for a renewal license. -(c)Upon filing an application with the board for a renewal license, a covered licensee shall certify in writing, on a form prescribed by the board, that he or she has both adopted an antimicrobial stewardship policy pursuant to subdivision (b) and is in compliance with that policy. -(d)(1)The board shall audit during each year a random sample of covered licensees who have certified compliance pursuant to subdivision (c). The board shall not audit an individual covered licensee more than once every four years. -(2)A covered licensee who is selected for audit shall submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. -(e)If the board determines that an audited covered licensee has failed to comply with subdivision (b), the board shall require that licensee to comply with subdivision (b) during the following renewal period. If the covered licensee fails to comply within that renewal period, that failure constitutes unprofessional conduct subject to discipline pursuant to Section 2234. -SEC. 7. -Section 2496.5 is added to the -Business and Professions Code -, to read: -2496.5. -(a)For purposes of this section the following definitions apply: -(1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections, that is consistent with one of the following parameters: -(A)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. -(B)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. -(2)A “covered licensee” means a podiatrist who practices podiatric medicine in a setting other than a clinic licensed pursuant to Section 1204 of the Health and Safety Code, a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code. -(3)“Evidence-based methods” has the same meaning as in paragraph (3) of subdivision (a) of Section 2197. -(b)A covered licensee shall adopt and implement an antimicrobial stewardship policy before applying for a renewal license. -(c)Upon filing an application with the board for a renewal license, a covered licensee shall certify in writing, on a form prescribed by the board, that he or she has both adopted an antimicrobial stewardship policy pursuant to subdivision (b) and is in compliance with that policy. -(d)(1)The board shall audit during each year a random sample of covered licensees who have certified compliance pursuant to subdivision (c). The board shall not audit an individual covered licensee more than once every four years. -(2)A covered licensee who is selected for audit shall submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. -(e)If the board determines that an audited covered licensee has failed to comply with subdivision (b), the board shall require that licensee to comply with subdivision (b) during the following renewal period. If the covered licensee fails to comply within that renewal period, that failure constitutes unprofessional conduct subject to discipline pursuant to Section 2234. -SEC. 8. -Article 2.7 (commencing with Section 1223) is added to Chapter 1 of Division 2 of the -Health and Safety Code -, to read: -2.7. -Antimicrobial Stewardship Guidelines -1223. -(a)For purposes of this article the following definitions apply. -(1)“Antimicrobial stewardship policy” means efforts to promote the appropriate prescribing of antimicrobials for patients, with the goal of reducing antimicrobial overuse and misuse and minimizing the development of antimicrobial resistant infections. -(2)“Evidence-based methods” means antimicrobial prescribing intervention methods that have been proven effective through outcome evaluations or studies, including, but not limited to, audit and feedback, academic detailing, clinical decision support, delayed prescribing practices, poster-based interventions, accountable justification, and peer comparison. -(b)On or before January 1, 2018, a primary care clinic or specialty clinic, licensed pursuant to Section 1204, shall adopt and implement an antimicrobial stewardship policy that is consistent with one of the following parameters: -(1)Antimicrobial stewardship guidelines published by the federal Centers for Disease Control and Prevention, the federal Centers for Medicare and Medicaid Services, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America, or similar recognized professional organizations. -(2)Evidence-based methods. To the extent practicable, antimicrobial stewardship policies based on proven, evidence-based methods should include more than one intervention or component. -SEC. 9. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes certain health care districts to use the design-build process when contracting for the construction of a building or improvements directly related to construction of a hospital or health facility building in those districts, as specified. Existing law sets forth the procurement process for design-build projects, as specified, and requires specified information submitted by design-build entities to be certified under penalty of perjury. -This bill would authorize, until January 1, 2022, the Beach Cities Health District and the Peninsula Health Care District to use the design-build process for the construction of facilities or other buildings in those districts, as specified. Because the bill would expand the application of the procurement process to additional design-build entities, the bill would expand the crime of perjury, thereby imposing a state-mandated local program. -This bill would make legislative findings and declarations as to the necessity of a special statute for the Beach Cities Health District and the Peninsula Health Care District. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -This bill would declare that it is to take effect immediately as an urgency statute. -(1)Under the existing Dental Practice Act, the Dental Board of California licenses and regulates the practice of dentistry. The act provides that an applicant may obtain an initial 2-year license to practice dentistry and a 2-year renewal license. The act also makes certain conduct unprofessional conduct and authorizes the board to revoke or suspend a license or reprimand or place on probation a dentist for that unprofessional conduct. -Under the existing Medical Practice Act, the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine establish requirements pursuant to which an applicant may obtain an initial 2-year license or subsequent 2-year renewal license to practice medicine as a podiatrist, as a physician and surgeon, osteopathic medicine as an osteopathic physician and surgeon, or podiatric medicine as a podiatrist, respectively. Under existing law, the Medical Board of California is required to adopt and administer standards for the continuing education of physicians and surgeons and each year audits a random sample of physicians and surgeons who have reported compliance with those requirements and requires a noncompliant licensee to make up the deficiency during the next renewal period. Under existing law, a licensee who fails to so comply is ineligible for a subsequent renewal license until he or she documents compliance to the board. Existing law provides for similar continuing education requirements as a condition of obtaining a renewal license to practice osteopathic medicine and podiatric medicine. The act authorizes these boards to discipline a licensee for specified unprofessional conduct. -This bill would require a “covered licensee,” defined as a dentist, physician and surgeon, osteopathic physician and surgeon, or person licensed to practice podiatric medicine, who practices in a setting other than a clinic, general acute care hospital, or skilled nursing facility, to adopt and implement an antimicrobial stewardship policy consistent with specified guidelines or methods of intervention, as defined, before applying for a renewal license and, upon applying for a renewal license, to certify in writing, on a form prescribed by the respective licensing board, that he or she has both adopted an antimicrobial stewardship policy and is in compliance with that policy. The bill would require those licensing boards to audit, during each year, a random sample of covered licensees who have certified compliance with these requirements and would limit the audit of an individual covered licensee to once every 4 years. The bill would require a covered licensee who is selected for audit to submit to the board, on a form prescribed by the board, a copy of his or her antimicrobial stewardship policy. The bill would require the respective licensing board, that determines that its audited covered licensee has failed to comply with these requirements, to require that covered licensee to comply with these requirements during the following renewal period. The bill would provide that the failure of a covered licensee to comply with those requirements during the renewal period constitutes unprofessional conduct. -(2)Under existing law, health facilities, including, among others, general acute care hospitals, skilled nursing facilities, primary care clinics, and specialty clinics, are licensed and regulated by the State Department of Public Health, and a violation of those provisions is a crime. Existing law requires that each general acute care hospital, on or before July 1, 2015, adopt and implement an antimicrobial stewardship policy in accordance with guidelines established by the federal government and professional organizations that includes a process to evaluate the judicious use of antibiotics, as specified. Existing law requires each skilled nursing facility, on or before January 1, 2017, to adopt and implement an antimicrobial stewardship policy consistent with guidelines developed by the federal Centers for Disease Control and Prevention and other specified entities. -This bill would, beginning January 1, 2018, require a clinic to adopt and implement an antimicrobial stewardship policy consistent with specified guidelines or methods of intervention, as defined. Because this bill would create new crimes, the bill would impose a state-mandated local program. -(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to -amend the heading of Article 2.6 (commencing with Section 1645) of Chapter 4 of Division 2 of, to amend the heading of Article 10 (commencing with Section 2190) of Chapter 5 of Division 2 of, and to add Sections 1645.5, 2197, 2454.6, and 2496.5 to, the Business and Professions Code, and to add Article 2.7 (commencing with Section 1223) of Chapter 1 of Division 2 to the Health and Safety Code, relating to antimicrobial stewardship. -add and repeal Sections 32132.9 and 32132.95 of the Health and Safety Code, relating to health care districts, and declaring the urgency thereof, to take effect immediately." -273,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1185 of the Civil Code is amended to read: -1185. -(a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument. -(b) For purposes of this section, “satisfactory evidence” means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and any one of the following: -(1) (A) The oath or affirmation of a credible witness personally known to the officer, whose identity is proven to the officer upon presentation of a document satisfying the requirements of paragraph (3) or (4), that the person making the acknowledgment is personally known to the witness and that each of the following are true: -(i) The person making the acknowledgment is the person named in the document. -(ii) The person making the acknowledgment is personally known to the witness. -(iii) That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification. -(iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4). -(v) The witness does not have a financial interest in the document being acknowledged and is not named in the document. -(B) A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose this civil penalty may be brought by the Secretary of State in an administrative proceeding or a public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this subparagraph. -(2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities are proven to the officer upon the presentation of a document satisfying the requirements of paragraph (3) or (4), that each statement in paragraph (1) is true. -(3) Reasonable reliance on the presentation to the officer of any one of the following, if the document or other form of identification is current or has been issued within five years: -(A) An identification card or driver’s license issued by the Department of Motor Vehicles. -(B) A passport issued by the Department of State of the United States. -(C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison. -(D) Any form of inmate identification issued by a sheriff’s department, if the inmate is in custody in a local detention facility. -(4) Reasonable reliance on the presentation of any one of the following, provided that a document specified in subparagraphs (A) to (F), inclusive, shall either be current or have been issued within five years and shall contain a photograph and description of the person named on it, shall be signed by the person, shall bear a serial or other identifying number, and, in the event that the document is a passport, shall have been stamped by the United States Citizenship and Immigration Services of the Department of Homeland Security: -(A) A passport issued by a foreign government. -(B) A driver’s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver’s licenses. -(C) An identification card issued by a state other than California. -(D) An identification card issued by any branch of the Armed Forces of the United States. -(E) An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city, county, or city and county in this state. -(F) An identification card issued by a federally recognized tribal government. -(c) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law. -(d) A party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer. -(e) A person convicted of perjury under this section shall forfeit any financial interest in the document. -SEC. 1.5. -Section 1185 of the Civil Code is amended to read: -1185. -(a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument. -(b) For purposes of this section, “satisfactory evidence” means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and any one of the following: -(1) (A) The oath or affirmation of a credible witness personally known to the officer, whose identity is proven to the officer upon presentation of a document satisfying the requirements of paragraph (3) or (4), that the person making the acknowledgment is personally known to the witness and that each of the following are true: -(i) The person making the acknowledgment is the person named in the document. -(ii) The person making the acknowledgment is personally known to the witness. -(iii) That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification. -(iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4). -(v) The witness does not have a financial interest in the document being acknowledged and is not named in the document. -(B) A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose this civil penalty may be brought by the Secretary of State in an administrative proceeding or a public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this subparagraph. -(2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities are proven to the officer upon the presentation of a document satisfying the requirements of paragraph (3) or (4), that each statement in paragraph (1) is true. -(3) Reasonable reliance on the presentation to the officer of any one of the following, if the document or other form of identification is current or has been issued within five years: -(A) An identification card or driver’s license issued by the Department of Motor Vehicles. -(B) A passport issued by the Department of State of the United States. -(C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison. -(D) Any form of inmate identification issued by a sheriff’s department, if the inmate is in custody in a local detention facility. -(4) Reasonable reliance on the presentation of any one of the following, provided that a document specified in subparagraphs (A) to (F), inclusive, shall either be current or have been issued within five years and shall contain a photograph and description of the person named on it, shall be signed by the person, and shall bear a serial or other identifying number: -(A) A valid consular identification document issued by a consulate from the applicant’s country of citizenship, or a valid passport from the applicant’s country of citizenship. -(B) A driver’s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver’s licenses. -(C) An identification card issued by a state other than California. -(D) An identification card issued by any branch of the Armed Forces of the United States. -(E) An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city, county, or city and county in this state. -(F) An identification card issued by a federally recognized tribal government. -(c) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law. -(d) A party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer. -(e) A person convicted of perjury under this section shall forfeit any financial interest in the document. -SEC. 2. -Section 1.5 of this bill incorporates amendments to Section 1185 of the Civil Code proposed by both this bill and Assembly Bill 2566. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1185 of the Civil Code, and (3) this bill is enacted after Assembly Bill 2566, in which case Section 1 of this bill shall not become operative.","Existing law prohibits the acknowledgment of an instrument from being taken unless the officer taking it has “satisfactory evidence” that the person making the acknowledgment is the individual who is described in and who executed the instrument. Under existing law, “satisfactory evidence” means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and, among other things, he or she presents a specified document that is either current or issued within 5 years that contains a photograph and description of the person named on it, the signature of the person, and a serial or other identifying number, as provided. -This bill would add an identification card issued by a federally recognized tribal government to the list of documents acceptable for identification purposes. -This bill would also incorporate changes to Section 1185 of the Civil Code proposed by both this bill and AB 2566, which would become operative only if both bills are enacted and this bill is enacted last.","An act to amend Section 1185 of the Civil Code, relating to notaries public." -274,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 21655.1 is added to the Vehicle Code, to read: -21655.1. -(a) A person shall not operate a motor vehicle on a portion of a highway that has been designated for the exclusive use of public transit buses, except in compliance with the directions of a peace officer or official traffic control device. -(b) This section does not apply to a driver who is required to enter a lane designated for the exclusive use of public transit buses in order to make a right turn or a left turn in a location where there is no left-turn lane for motorists, or who is entering into or exiting from a highway, unless there are signs prohibiting turns across the lane or the lane is delineated by a physical separation, including, but not limited to, a curb, fence, landscaping, or other barrier. -(c) A public transit agency, with the agreement of the agency with jurisdiction over the highway, shall place and maintain, or cause to be placed and maintained, signs and other official traffic control devices, as necessary, indicating that a portion of a highway is designated for the exclusive use of public transit buses and to advise motorists of the hours of operation of the lane as an exclusive public transit bus lane. -SEC. 2. -Section 22500 of the Vehicle Code is amended to read: -22500. -A person shall not stop, park, or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in any of the following places: -(a) Within an intersection, except adjacent to curbs as may be permitted by local ordinance. -(b) On a crosswalk, except that a bus engaged as a common carrier or a taxicab may stop in an unmarked crosswalk to load or unload passengers when authorized by the legislative body of a city pursuant to an ordinance. -(c) Between a safety zone and the adjacent right-hand curb or within the area between the zone and the curb as may be indicated by a sign or red paint on the curb, which sign or paint was erected or placed by local authorities pursuant to an ordinance. -(d) Within 15 feet of the driveway entrance to a fire station. This subdivision does not apply to any vehicle owned or operated by a fire department and clearly marked as a fire department vehicle. -(e) (1) In front of a public or private driveway, except that a bus engaged as a common carrier, schoolbus, or a taxicab may stop to load or unload passengers when authorized by local authorities pursuant to an ordinance. -(2) In unincorporated territory, where the entrance of a private road or driveway is not delineated by an opening in a curb or by other curb construction, so much of the surface of the ground as is paved, surfaced, or otherwise plainly marked by vehicle use as a private road or driveway entrance, shall constitute a driveway. -(f) On a portion of a sidewalk, or with the body of the vehicle extending over a portion of a sidewalk, except electric carts when authorized by local ordinance, as specified in Section 21114.5. Lights, mirrors, or devices that are required to be mounted upon a vehicle under this code may extend from the body of the vehicle over the sidewalk to a distance of not more than 10 inches. -(g) Alongside or opposite a street or highway excavation or obstruction when stopping, standing, or parking would obstruct traffic. -(h) On the roadway side of a vehicle stopped, parked, or standing at the curb or edge of a highway, except for a schoolbus when stopped to load or unload pupils in a business or residence district where the speed limit is 25 miles per hour or less. -(i) Except as provided under Section 22500.5, alongside curb space authorized for the loading and unloading of passengers of a bus engaged as a common carrier in local transportation when indicated by a sign or red paint on the curb erected or painted by local authorities pursuant to an ordinance. -(j) In a tube or tunnel, except vehicles of the authorities in charge, being used in the repair, maintenance, or inspection of the facility. -(k) Upon a bridge, except vehicles of the authorities in charge, being used in the repair, maintenance, or inspection of the facility, and except that buses engaged as a common carrier in local transportation may stop to load or unload passengers upon a bridge where sidewalks are provided, when authorized by local authorities pursuant to an ordinance, and except that local authorities pursuant to an ordinance or the Department of Transportation pursuant to an order, within their respective jurisdictions, may permit parking on bridges having sidewalks and shoulders of sufficient width to permit parking without interfering with the normal movement of traffic on the roadway. Local authorities, by ordinance or resolution, may permit parking on these bridges on state highways in their respective jurisdictions if the ordinance or resolution is first approved in writing by the Department of Transportation. Parking shall not be permitted unless there are signs in place, as may be necessary, to indicate the provisions of local ordinances or the order of the Department of Transportation. -(l) In front of or upon that portion of a curb that has been cut down, lowered, or constructed to provide wheelchair accessibility to the sidewalk. -(m) In a portion of a highway that has been designated for the exclusive use of public transit buses. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law makes it unlawful for a person to stop or park a motor vehicle in specified places, including an area designated as a fire lane by the fire department or fire district, as specified. A violation of these provisions is an infraction. -This bill would prohibit a person from operating a motor vehicle, or stopping, parking, or leaving a vehicle standing, on a portion of the highway designated for the exclusive use of public transit buses, subject to specified exceptions. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. The bill would also require a public transit agency to place and maintain signs and traffic control devices indicating that a portion of a highway is designated for the exclusive use of public transit buses, as specified. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 22500 of, and to add Section 21655.1 to, the Vehicle Code, relating to vehicles." -275,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 2.55 (commencing with Section 1000.7) is added to Title 6 of Part 2 of the Penal Code, to read: -CHAPTER 2.55. Deferred Entry of Judgment Pilot Program -1000.7. -(a) The following counties may establish a pilot program pursuant to this section to operate a deferred entry of judgment pilot program for eligible defendants described in subdivision (b): -(1) County of Alameda. -(2) County of Butte. -(3) County of Napa. -(4) County of Nevada. -(5) County of Santa Clara. -(b) A defendant may participate in a deferred entry of judgment pilot program within the county’s juvenile hall if that person is charged with committing a felony offense, other than the offenses listed under subdivision (d), he or she pleads guilty to the charge or charges, and the probation department determines that the person meets all of the following requirements: -(1) Is 18 years of age or older, but under 21 years of age on the date the offense was committed. -(2) Is suitable for the program after evaluation using a risk assessment tool, as described in subdivision (c). -(3) Shows the ability to benefit from services generally reserved for delinquents, including, but not limited to, cognitive behavioral therapy, other mental health services, and age-appropriate educational, vocational, and supervision services, that are currently deployed under the jurisdiction of the juvenile court. -(4) Meets the rules of the juvenile hall developed in accordance with the applicable regulations set forth in Title 15 of the California Code of Regulations. -(5) Does not have a prior or current conviction for committing an offense listed under subdivision (c) of Section 1192.7 or subdivision (c) of Section 667.5, or subdivision (b) of Section 707 of the Welfare and Institutions Code. -(6) Is not required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1. -(c) The probation department, in consultation with the superior court, district attorney, and sheriff of the county or the governmental body charged with operating the county jail, shall develop an evaluation process using a risk assessment tool to determine eligibility for the program. -(d) If the defendant is required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1, or if he or she has been convicted of one or more of the following offenses, he or she is not eligible for the program: -(1) An offense listed under subdivision (c) of Section 1192.7. -(2) An offense listed under subdivision (c) of Section 667.5. -(3) An offense listed under subdivision (b) of Section 707 of the Welfare and Institutions Code. -(e) The court shall grant deferred entry of judgment if an eligible defendant consents to participate in the program, waives his or her right to a speedy trial or a speedy preliminary hearing, pleads guilty to the charge or charges, and waives time for the pronouncement of judgment. -(f) (1) If the probation department determines that the defendant is not eligible for the deferred entry of judgment pilot program or the defendant does not consent to participate in the program, the proceedings shall continue as in any other case. -(2) If it appears to the probation department that the defendant is performing unsatisfactorily in the program as a result of the commission of a new crime or the violation of any of the rules of the juvenile hall or that the defendant is not benefiting from the services in the program, the probation department may make a motion for entry of judgment. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered. If the court finds that the defendant is performing unsatisfactorily in the program or that the defendant is not benefiting from the services in the program, the court shall render a finding of guilt to the charge or charges pleaded, enter judgment, and schedule a sentencing hearing as otherwise provided in this code, and the probation department, in consultation with the county sheriff, shall remove the defendant from the program and return him or her to custody in county jail. The mechanism of when and how the defendant is moved from custody in juvenile hall to custody in a county jail shall be determined by the local multidisciplinary team specified in paragraph (2) of subdivision (m). -(3) If the defendant has performed satisfactorily during the period in which deferred entry of judgment was granted, at the end of that period, the court shall dismiss the criminal charge or charges. -(g) A defendant shall serve no longer than one year in custody within a county’s juvenile hall pursuant to the program. -(h) The probation department shall develop a plan for reentry services, including, but not limited to, housing, employment, and education services, as a component of the program. -(i) The probation department shall submit data relating to the effectiveness of the program to the Division of Recidivism Reduction and Re-Entry, within the Department of Justice, including recidivism rates for program participants as compared to recidivism rates for similar populations in the adult system within the county. -(j) A defendant participating in the program pursuant to this section shall not come into contact with minors within the juvenile hall for any purpose, including, but not limited to, housing, recreation, or education. -(k) Prior to establishing a pilot program pursuant to this section, the county shall apply to the Board of State and Community Corrections for approval of a county institution as a suitable place for confinement for the purpose of the pilot program. The board shall review and approve or deny the application of the county within 30 days of receiving notice of this proposed use. In its review, the board shall take into account the available programming, capacity, and safety of the institution as a place for the confinement and rehabilitation of individuals within the jurisdiction of the criminal court, and those within the jurisdiction of the juvenile court. -(l) The Board of State and Community Corrections shall review a county’s pilot program to ensure compliance with requirements of the federal Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. Sec. 5601 et seq.), as amended, relating to “sight and sound” separation between juveniles and adult inmates. -(m) (1) This section applies to a defendant who would otherwise serve time in custody in a county jail. Participation in a program pursuant to this section shall not be authorized as an alternative to a sentence involving community supervision. -(2) Each county shall establish a multidisciplinary team that shall meet periodically to review and discuss the implementation, practices, and impact of the program. The team shall include representatives from the following: -(A) Probation department. -(B) The district attorney’s office. -(C) The public defender’s office. -(D) The sheriff’s department. -(E) Courts located in the county. -(F) The county board of supervisors. -(G) The county health and human services department. -(H) A youth advocacy group. -(n) (1) A county that establishes a pilot program pursuant to this section shall submit data regarding the pilot program to the Board of State and Community Corrections. The data submitted shall be used for the purposes of paragraph (2). -(2) The board shall conduct an evaluation of the pilot program’s impact and effectiveness. The evaluation shall include, but not be limited to, evaluating each pilot program’s impact on sentencing and impact on opportunities for community supervision, monitoring the program’s effect on minors in the juvenile facility, if any, and its effectiveness with respect to program participants, including outcome-related data for program participants compared to young adult offenders sentenced for comparable crimes. -(3) Each evaluation shall be combined into a comprehensive report and submitted to the Assembly and Senate Committees on Public Safety. -(4) The board may contract with an independent entity, including, but not limited to, the Regents of the University of California, for the purposes of carrying out the duties of the board pursuant to this subdivision. -(o) This chapter shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the Counties of Alameda, Butte, Napa, Nevada, and Santa Clara. Recent research on the adolescent brain development has found that brain development continues well after an individual reaches 18 years of age. This bill would therefore allow for the criminal justice system to apply the most recent brain development research to its practices in these counties by allowing certain transitional age youth access to age-appropriate rehabilitative services available in the juvenile justice system when an assessment determines that the individual would benefit from the services, with the aim of reducing the likelihood of the youth continuing in the criminal justice system.","Existing law provides that entry of judgment may be deferred with respect to a defendant who is charged with certain crimes involving possession of controlled substances, who pleads guilty to the charge or charges, and who meets certain criteria, including that he or she has no prior convictions for any offense involving controlled substances and has had no felony convictions within the 5 years prior, as specified. Existing law requires the criminal charge or charges to be dismissed if the defendant has performed satisfactorily in a specified program during the period in which deferred entry of judgment was granted. -This bill would authorize specified counties to establish a pilot program to operate a deferred entry of judgment pilot program for eligible defendants. The bill would authorize a defendant to participate in the program within the county’s juvenile hall if that person is charged with committing a felony offense, except as specified, he or she pleads guilty to the charge or charges, and the probation department determines that the person meets specified requirements, including that the defendant is 18 years of age or older, but under 21 years of age on the date the offense was committed, is suitable for the program, and shows the ability to benefit from services generally reserved for delinquents. The bill would require the probation department to develop a plan for reentry services. -The bill would require the court to grant deferred entry of judgment if the eligible defendant consents to participate in the program, waives his or her right to a speedy trial or a speedy preliminary hearing, pleads guilty to the charge or charges, and waives time for the pronouncement of judgment. The bill would also require the court to render a finding of guilt to the charge or charges pleaded, enter judgment, and schedule a sentencing hearing, and would require the return of the defendant to custody in a county jail if the court finds that the defendant is performing unsatisfactorily in the program or that the defendant is not benefiting from the services in the program. If the defendant has performed satisfactorily during the period in which deferred entry of judgment was granted, at the end of that period, the bill would require the court to dismiss the criminal charge or charges. -The bill would require a county, prior to establishing a pilot program, to apply to the Board of State and Community Corrections for approval of a county institution as a suitable place for confinement for the purpose of the pilot program. The bill would require the board to review and approve or deny the application of the county within 30 days of receiving notice of this proposed use. The bill would also require each county to establish a multidisciplinary team consisting of representatives of specified local entities. The team would be required to meet periodically to review and discuss the implementation, practices, and impact of the program. -The bill would require the probation department to submit data relating to the effectiveness of the program to the Division of Recidivism Reduction and Re-Entry, within the Department of Justice. The bill would prohibit a defendant participating in the program from coming into contact with minors within the juvenile hall, would prohibit a defendant from serving longer than one year in custody within a county’s juvenile hall pursuant to the program, and would require the board to review a county’s pilot program to ensure compliance with the federal Juvenile Justice and Delinquency Prevention Act of 1974, as specified. -The bill would require a county that establishes a pilot program pursuant to these provisions to submit data regarding the pilot program to the board, and would require the board to conduct an evaluation of the pilot program’s impact and effectiveness, as specified. The bill would require the evaluation to be combined into a comprehensive report and submitted to the Assembly and Senate Committees on Public Safety. The bill would also authorize the board to contract with an independent entity, including, but not limited to, the Regents of the University of California, to carry out these duties. -The authority conferred by this bill would be repealed on January 1, 2020. -This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Butte, Napa, Nevada, and Santa Clara.","An act to add and repeal Chapter 2.55 (commencing with Section 1000.7) of Title 6 of Part 2 of the Penal Code, relating to crimes." -276,"The people of the State of California do enact as follows: - - -SECTION 1. -Title 12.2 (commencing with Section 14230) is added to Part 4 of the Penal Code, to read: -TITLE 12.2. California Firearm Violence Research Act -14230. -The Legislature finds and declares the following: -(a) Firearm violence is a significant public health and public safety problem in California and nationwide. Nationally, rates of fatal firearm violence have remained essentially unchanged for more than a decade, as declines in homicide have been offset by increases in suicide. -(b) California has been the site of some of the nation’s most infamous mass shootings, such as those at a McDonald’s in San Ysidro, at Cleveland Elementary School in Stockton, near UC Santa Barbara in Isla Vista, and most recently at the Inland Regional Center in San Bernardino. Yet public mass shootings account for less than 1 percent of firearm violence. In 2014, there were 2,939 firearm-related deaths in California, including 1,582 suicides, 1,230 homicides, 89 deaths by legal intervention, and 38 unintentional or undetermined deaths. In communities where firearm violence is a frequent occurrence, the very structure of daily life is affected. -(c) Nationwide, the annual societal cost of firearm violence was estimated at two hundred twenty-nine billion dollars ($229,000,000,000) in 2012. A significant share of this burden falls on California. In 2013, the Office of Statewide Health Planning and Development noted that government-sponsored insurance programs covered nearly two-thirds of the costs of hospitalizations for firearm assaults in California, and about -half -one-half of -the costs of hospitalizations for unintentional injuries or those resulting from deliberate self-harm. -(d) California has been a leader in responding to this continuing crisis. However, although rates of fatal firearm violence in California are well below average for the 50 states, they are not low enough. -(e) Too little is known about firearm violence and its prevention. This is in substantial part because too little research has been done. The need for more research and more sophisticated research has repeatedly been emphasized. Because there has been so little support for research, only a small number of trained investigators are available. -(f) When confronted by other major health and social problems, California and the nation have mounted effective responses, coupling an expanded research effort with policy reform in the public’s interest. Motor vehicle accidents, cancer, heart disease, and tobacco use are all examples of the benefits of this approach. -(g) Federal funding for firearm violence research through the Centers for Disease Control -and Prevention -has been virtually eliminated by Congress since 1996, leaving a major gap that must be filled by other sources. -14231. -(a) It is the intent of the Legislature to establish a center for research into firearm-related violence. It is the intent of the Legislature that the center be administered by the University of California pursuant to the following principles: -(1) Interdisciplinary work of the center shall address the following: -(A) The nature of firearm violence, including individual and societal determinants of risk for involvement in firearm violence, whether as a victim or a perpetrator. -(B) The individual, community, and societal consequences of firearm violence. -(C) Prevention and treatment of firearm violence at the individual, community, and societal levels. -(2) The center shall conduct basic, translational, and transformative research with a mission to provide the scientific evidence on which sound firearm violence prevention policies and programs can be based. Its research shall -extend to firearm violence as a form of terrorism. -include, but not be limited to, the effectiveness of existing laws and policies intended to reduce firearm violence, including the criminal misuse of firearms, and efforts to promote the responsible ownership and use of firearms. -(3) The center shall work on a continuing basis with policymakers in the Legislature and state agencies to identify, implement, and evaluate innovative firearm violence prevention policies and programs. -(4) To help ensure a long-term and successful effort to understand and prevent firearm violence, the center shall recruit and provide specialized training opportunities for new researchers, including experienced investigators in related fields who are beginning work on firearm violence, young investigators who have completed their education, postdoctoral scholars, doctoral students, and undergraduates. -(5) It is the intent of the Legislature to support the center’s activities by funding the center with an appropriation to a Firearm Violence Research Center Account. The center may also seek additional federal, state, and private funds. -(6) As a supplement to its own research, the center shall administer a small grants program for research on firearm violence, funded through a research account in the Firearm Violence Research Center Account. All research funds shall be awarded on the basis of scientific merit as determined by an open, competitive peer review process that assures objectivity, consistency, and high quality. All qualified investigators, regardless of institutional affiliation, shall have equal access and opportunity to compete for the funds in the research account. -(7) The peer review process for the selection of grants awarded under this program shall be modeled on the process used by the National Institutes of Health in its grantmaking process. -(b) It is further the intent of the Legislature that on or before December 31, 2017, and every five years thereafter, the University of California transmit programmatic, as well as financial, reports to the state, including a report on the grants made, pending grants, program accomplishments, and the future direction of the program. The report shall be submitted in compliance with Section 9795 of the Government Code. -(c) Subject to the conditions and requirements established elsewhere in statute, state agencies, -including -including, -but not limited -to -to, -the Department of Justice, the State Department of Public Health, the State Department of Health Care Services, the Office of Statewide Health Planning and Development, and the Department of Motor Vehicles, shall provide to the center, upon proper request, the data necessary for the center to conduct its research. -(d) The center and all recipients of grants supported by the research account shall provide copies of their research publications to the Legislature and to agencies supplying data used in the conduct of that research as soon as is practicable following publication. These submissions shall be submitted in compliance with Section 9795 of the Government Code. -(e) Toward these ends, the Legislature requests that the Regents of the University of California establish a Firearm Violence Research Center and administer the center and grant program pursuant -to -to, -and consistent -with -with, -the principles and goals stated herein. -14232. -This article shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the university.","Existing law establishes and funds various research centers and programs in conjunction with the University of California. -This bill would enact the California Firearm Violence Research Act. The bill would declare the intent of the Legislature that the Regents of the University of California establish the California Firearm Violence Research Center to research firearm-related violence. The bill would declare legislative intent regarding the principles by which the university would administer the center and award research funds, as prescribed. The bill would require the university to report, on or before December 31, 2017, and every 5 years thereafter, specified information regarding the activities of the center and information pertaining to research grants. The bill would require the center -and the grant recipients -to provide copies of -its -their -research publications to the -Legislature. -Legislature and specified agencies. -The bill would specify that its provisions would apply to the university only to the extent that the -Regents, -regents, -by resolution, make any of the provisions of the bill applicable to the university.","An act to add Title 12.2 (commencing with Section 14230) to Part 4 of the Penal Code, relating to firearm violence research." -277,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 21080.25 of the Public Resources Code is amended to read: -21080.25. -(a) For purposes of this section, the following definitions shall apply: -(1) “Antenna support structures” means lattice towers, monopoles, and roof-mounts. -(2) “Authority” means the Los Angeles Regional Interoperable Communication System Joint Powers Authority. -(3) “Habitat of significant value” includes all of the following: -(A) Wildlife habitat of national, statewide, or regional importance. -(B) Habitat identified as candidate, fully protected, sensitive, or species of special status by a state or federal agency. -(C) Habitat essential to the movement of resident or migratory wildlife. -(4) “LA-RICS” means the Los Angeles Regional Interoperable Communications System, consisting of a long-term evolution broadband mobile data system, a land mobile radio system, or both. -(5) “LMR” means a land mobile radio system. -(6) “LTE” means a long-term evolution broadband mobile data system. -(7) “Riparian area” means an area that is transitional between terrestrial and aquatic ecosystems, that is distinguished by gradients in biophysical conditions, ecological processes, and biota, and that meets the following criteria: -(A) Is an area through which surface and subsurface hydrology connect bodies of water with their adjacent uplands. -(B) Is adjacent to perennial, intermittent, and ephemeral streams, lakes, or estuarine or marine shorelines. -(C) Includes those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems. -(8) “Wetlands” has the same meaning as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). -(9) “Wildlife habitat” means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. -(b) Except as provided in subdivision (d), if all the criteria specified in subdivision (c) are met at the individual project site, this division does not apply to the design, site acquisition, construction, operation, or maintenance of the following elements of the LA-RICS: -(1) Antennas, including microwave dishes and arrays. -(2) Antenna support structures. -(3) Equipment enclosures. -(4) Central system switch facilities. -(5) Associated foundations and equipment. -(c) As a condition of the exemption specified in subdivision (b), all of the following criteria shall be met at the individual project site: -(1) The project site is publicly owned and already contains either of the following: -(A) An antenna support structure and either of the following components: -(i) Antennas. -(ii) Equipment enclosures. -(B) A police or sheriff station or other public facility that transmits or receives public safety radio signals, except a fire station. -(2) Construction and implementation at the project site would not have a substantial adverse impact on wetlands, riparian areas, or habitat of significant value, and would not harm any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the habitat of those species. -(3) Construction and implementation of the project at the site would not have a substantial adverse impact on historical resources pursuant to Section 21084.1. -(4) Operation of the project at the site would not exceed the maximum permissible exposure standards established by the Federal Communications Commission, as set forth in Sections 1.1307 and 1.1310 of Title 47 of the Code of Federal Regulations. -(5) Any new LTE antenna support structures or LMR antenna support structures would comply with applicable state and federal height restrictions and any height restrictions mandated by an applicable comprehensive land use plan adopted by an airport land use commission. The new monopoles shall not exceed 70 feet in height without appurtenances and attachments, and new lattice towers shall not exceed 180 feet in height without appurtenances and attachments. -(6) Each new central system switch is located within an existing enclosed structure at a publicly owned project site or is housed at an existing private communications facility. -(d) Subdivision (b) does not apply if the individual project site is located on either of the following: -(1) A school site. -(2) A cultural or sacred site, as described in Section 5097.9 or 5097.993. -(e) (1) Before determining that a project is not subject to this division pursuant to this section, the authority shall hold a noticed public meeting in each county supervisorial district in which the project is located to hear and respond to public comments. The notice shall be provided at least 72 hours in advance of the meeting and published no fewer times than required by Section 6061 of the Government Code by the authority in a newspaper of general circulation in each county supervisorial district in which the project is located. -(2) If the authority determines that a project is not subject to this division pursuant to this section, and it determines to approve or carry out that project, the notice of exemption shall be filed with the Office of Planning and Research and the county clerk in the county in which the project is located in the manner specified in subdivisions (b) and (c) of Section 21152. The authority shall post the notice of exemption on its Internet Web site. -(f) The authority shall post on its Internet Web site all of the following, as applicable: -(1) Draft and final environmental documentation in compliance with this division or the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.). -(2) The date of filing of notices required pursuant to this division or the federal National Environmental Policy Act of 1969. -(3) All notice and hearing information regarding review and approval of environmental documentation by federal agencies. -(g) On or after January 1, 2017, the authority and its member agencies shall approve use agreements for the LA-RICS in an open and noticed public meeting. -(h) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. -Existing law, until January 1, 2017, exempts from CEQA the design, site acquisition, construction, operation, or maintenance of certain structures and equipment of the Los Angeles Regional Interoperable Communications System (LA-RICS) consisting of a long-term evolution broadband mobile data system and a land mobile radio system, if certain criteria are met at the individual project site, including that the site contains either an antenna support structure, as provided, or a public facility that transmits or receives public safety radio signals. -This bill would extend that exemption until January 1, 2020, and would specify that a fire station is not a public facility for purposes of determining if that exemption applies to an individual project site. The bill would provide that the exemption does not apply if the project site is located in certain areas. The bill would require the LA-RICS Joint Powers Authority to hold a public meeting before making a determination that a project is exempted, to file the notice of exemption with the Office of Planning and Research and the county clerk in the county in which the project is located, and to post certain information on its Internet Web site. Because a lead agency, which may include a local agency, would be required to determine whether a project qualifies for this exemption and to perform additional duties, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 21080.25 of the Public Resources Code, relating to environmental quality." -278,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The Legislature passed, and the Governor signed, Senate Bill 1021 in 2012, which included direction to the Department of Corrections and Rehabilitation to create the Supportive Housing Program for Mentally Ill Parolees, pursuant to Section 3073 of the Penal Code. The program was intended to use funds budgeted for the Integrated Services for Mentally Ill Parolees (ISMIP) program to serve the purposes outlined in Senate Bill 1021. -(b) Since 2012, the budget has not referred to the program by name and funds have not been used for their legislatively intended purposes. -(c) It is the intent of the Legislature to strengthen the ISMIP program to ensure that the department promotes the -evidence-based -evidence-based, -wraparound services, including rental subsidies in an amount adequate to allow mentally ill parolees experiencing homelessness or at risk of experiencing homelessness upon release from prison to obtain and maintain housing stability during and after the term of parole, thereby reducing recidivism among parolees with a history of homelessness. -(d) It is the intent of the Legislature that contracts the department enters into under the ISMIP program require contractors to target resources to parolees experiencing homelessness or offenders at risk of homelessness upon release. The contracts shall emphasize housing permanency and stability over food, clothing, and drop-in or day center services and shall require contractors to use a substantial portion of the contracted payment to provide rental assistance to obtain housing that is independent and integrated into the community. -(e) It is the intent of the Legislature that the Department of Corrections and Rehabilitation include the changes made in this act into contracts renewed or entered into for the ISMIP program on and after January 1, 2017. -SEC. 2. -Section 2985 of the Penal Code is amended to read: -2985. -It is the intent of the Legislature in enacting this article to provide evidence-based, comprehensive mental health and supportive services, including housing subsidies, to parolees who suffer from mental illness and are either homeless or at risk of homelessness, in order to successfully reintegrate the parolees into the community, increase public safety, and reduce state costs of recidivism. It is further the intent of the Legislature to supplement existing parole outpatient clinic services by providing services to individuals who suffer from a severe mental illness, as defined in Section 5600.3 of the Welfare and Institutions Code, and who require services that cannot be provided by parole outpatient clinics, including services provided pursuant to Section 5806 of the Welfare and Institutions Code. -SEC. 3. -Section 2985.1 of the Penal Code is amended to read: -2985.1. -For purposes of this article, the following definitions shall apply: -(a) “Bridge rental assistance” means rental assistance paid to participating landlords while the service provider and program participant seek permanent rental assistance that allows the program participant to remain in the same housing or, when feasible, allows the program participant to incur the full responsibility of paying rent through employment or benefits entitlement once parole ends. -(b) “Department” means the Department of Corrections and Rehabilitation. -(c) “Fair market rent” means the rent, including the cost of utilities other than telephone, as established by the United States Department of Housing and Urban Development, for units of varying sizes, as determined by the number of bedrooms, that must be paid in the market area to rent privately owned, existing, decent, safe, and sanitary rental housing of a modest nature with suitable amenities. -(d) “Homelessness” has the same meaning as in Part 91 of Title 24 of the Code of Federal Regulations. -(e) “Integrated Services for Mentally Ill Parolees program” or “ISMIP program” means the program of supportive services and housing support provided by this article. -(f) “Interim housing” means a temporary residence in which a program participant resides, for a period not to exceed nine months, while waiting to move into permanent housing. “Interim housing” may include housing that is paid for using motel vouchers or housing in which a program participant resides for the purpose of receiving recuperative care. -(g) “Likely to become homeless upon release” or “at risk of homelessness” means the individual has a history of homelessness and he or she satisfies both of the following criteria: -(1) The individual has not identified a fixed, regular, and adequate nighttime residence for release. -(2) The individual’s only identified nighttime residence for release includes a supervised, publicly or privately operated shelter designed to provide temporary living accommodations, or a public or private place not designed for, or not ordinarily used as, regular sleeping accommodations for human beings. -(h) “Supportive housing” has the same meaning set forth in subdivision (b) of Section 50675.14 of the Health and Safety Code, and that, in addition, is decent, safe, and affordable. -SEC. 4. -Section 2985.2 of the Penal Code is amended to read: -2985.2. -(a) Pursuant to Section 3073, the department shall provide a supportive housing program that provides wraparound services to mentally ill parolees who are either homeless or at risk of homelessness using funding appropriated by the Legislature for the ISMIP program. -(b) A service provider participating in this program shall comply with all of the following: -(1) Provide services and treatment based on evidence-based practices. -(2) Demonstrate that the program reduces recidivism and homelessness among program participants. -(3) Have prior experience working with county or regional mental health programs. -(4) Demonstrate existing relationships with a supportive housing provider. -(c) (1) An inmate or parolee is eligible to participate in this program if all of the following apply: -(A) He or she has a serious mental disorder as defined in Section 5600.3 of the Welfare and Institutions Code and as identified by the department, and he or she has a history of mental health treatment in the prison’s mental health services delivery system or in a parole outpatient clinic. -(B) The inmate or parolee voluntarily chooses to participate. -(C) Either of the following applies: -(i) He or she has been assigned a date of release within 60 to 180 days and is likely to become homeless upon release. -(ii) He or she is currently a homeless parolee. -(2) First priority for the program shall be given to the lowest functioning offenders in prison, as identified by the department, who are likely to become homeless upon release. -(d) A -service provider shall exercise due diligence in providing any mental health or other contracted services pursuant to Section 2985.3 and shall notify the department of an individual’s participation in such services. A -parolee is not required to receive other ISMIP services as a condition of eligibility to receive rental assistance pursuant to this article. -SEC. 5. -Section 2985.3 of the Penal Code is amended to read: -2985.3. -(a) A service provider shall offer services, in accordance with Section 5806 of the Welfare and Institutions Code, to obtain and maintain health and housing stability while the program participant is on parole, to enable the program participant to comply with the terms of parole, and to augment mental health services provided to the program participant. The services shall be offered to a program participant in his or her home, or shall be made as easily accessible to the program participant as possible and shall include, but are not limited to, all of the following: -(1) Case management services. -(2) Parole discharge planning. -(3) Housing location services, and, if needed, move-in cost assistance. -(4) Rental subsidies that are equal to or greater than fair market rent. -(5) Linkage to other services, such as vocational, educational, and employment services, as needed. -(6) Benefit entitlement application and appeal assistance. -(7) Transportation assistance to obtain services and health care needed. -(8) Assistance obtaining appropriate identification. -(b) For a program participant identified prior to release from state prison, upon the service provider’s receipt of referral and in collaboration with the parole agent and, if appropriate, staff, the intake coordinator or case manager of the service provider shall, when possible: -(1) Receive all prerelease assessments and discharge plans. -(2) Draft a plan for the program participant’s transition into housing that serves the program participant’s needs and that demonstrates a clear transition pathway to permanent, independent, and affordable housing. Housing options shall include permanent supportive housing and interim housing, as necessary, while the program participant awaits placement into supportive housing. -(3) Engage the program participant to actively participate in services upon release. -(4) Assist in obtaining identification for the program participant, if necessary. -(5) Assist in applying for any benefits for which the program participant is eligible. -(c) (1) To facilitate the transition of a program participant identified prior to release into the community and a program participant identified during parole into supportive housing, a service provider shall, on an ongoing basis, but not less than quarterly, assess each program participant’s needs and include in each program participant’s assessment a plan to foster independence and continued residence in the same permanent housing when his or her parole is complete. -(2) Upon referral to the service provider, the service provider shall work to transition a program participant from the department’s rental assistance to other mainstream rental assistance benefits if those benefits are necessary to enable the program participant to remain in stable housing, and shall prioritize transitioning the program participant to these benefits in a manner that allows the program participant to remain housed, when possible, without moving. Mainstream rental assistance benefits may include, but are not limited to, federal Housing Choice Voucher assistance, Department of Housing and Urban Development-Veterans Affairs Supportive Housing vouchers, or other rental assistance programs. -(3) The program participant’s parole discharge plan and the assessments shall consider the need for, and prioritize linkage to, county mental health services and housing opportunities that are supported by the Mental Health Services Act, the Mental Health Services Act Housing Program, or other funding sources that finance permanent supportive housing for persons with mental illness, so that the program participant may continue to achieve all recovery goals of the program and remain permanently housed when his or her parole is complete. -(4) The department and service providers shall not limit the bridge rental assistance made available to the program participant, except to the term of the program participant’s parole. The program participant shall be allowed to remain in the same housing after the bridge rental assistance ends, so long as he or she complies with the terms of the lease. -SEC. 6. -Section 2985.4 of the Penal Code is amended to read: -2985.4. -(a) A service provider shall identify and locate supportive housing opportunities for a program participant prior to his or her release from state prison or as quickly upon his or her release from state prison as possible, or as quickly as possible after the program participant is identified during parole, but in no case later than nine months after the program participant agrees to participate in the ISMIP program. -(b) Housing identified pursuant to subdivision (a) shall satisfy all of the following: -(1) The housing is located in an apartment building, single-room occupancy buildings, townhouses, or single-family homes, including rent-subsidized apartments leased in the open market or set aside within privately owned buildings. -(2) The housing is not subject to community care licensing requirements or is exempt from licensing under Section 1504.5 of the Health and Safety Code. -(3) A program participant living in supportive housing shall have a lease and be subject to the rights and responsibilities of tenancy. -(c) A service provider shall use a portion of the ISMIP payments received from the department to identify and offer the program participant interim housing while the program participant is waiting to obtain appropriate permanent rental housing and to complete documentation and paperwork needed to move the program participant into the rental housing. -(d) If a service provider operates in a county that utilizes homeless coordinated assessment and entry systems, the service provider shall offer ISMIP program payments and housing assistance to parolees who qualify for the ISMIP program through those systems. -(e) A service provider may use ISMIP program payments to support a housing specialist position to work with lessors, affordable and for-profit housing developers, public housing authorities, and other housing providers to identify and secure affordable rental housing for program participants. -SEC. 7. -Section 2985.5 of the Penal Code is amended to read: -2985.5. -(a) A service provider shall report to the department regarding the intended outcomes of the program, including all of the following: -(1) The number of program participants served. -(2) The types of services that were provided to program participants. -(3) The outcomes for program participants, including the number who are living independently, the number who remain in or moved to permanent housing, the number who ceased to participate in the program, the number who returned to state prison, and the number who were arrested and are residing in county jail. -(4) The number of program participants who successfully completed parole and transitioned to county mental health programs. -(5) The percentage of program participants currently living in permanent housing. -(b) The department shall prepare an analysis of the costs of the supportive housing program in comparison to the cost savings to the state as a result of reduced recidivism rates by program participants using the information provided pursuant to subdivision (a). This analysis shall exclude from consideration any federal funds provided for services while the program participant is on parole in order to ensure that the analysis accurately reflects only the costs to the state for the services provided to program participants. -(c) The department shall annually submit, on or before February 1, the information collected pursuant to subdivision (a) and the analysis prepared pursuant to subdivision (b) to the chairs of the Joint Legislative Budget Committee, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Public Safety, the Senate Committee on Transportation and Housing, and the Assembly Committee on Housing and Community Development.","(1) Existing law authorizes the Department of Corrections and Rehabilitation to obtain day treatment, and to contract for crisis care services, for parolees with mental health problems, and requires the department to provide a supportive housing program that provides wraparound services to mentally ill parolees at risk of homelessness using funding appropriated for that purpose. Existing law provides that an inmate or parolee is eligible for participation if he or she has a serious mental disorder, as defined, has been assigned a release date from state prison, and is likely to become homeless upon release or is currently a homeless parolee. Existing law requires providers to offer various services, including housing location services and rental subsidies. Existing law requires a service provider to comply with specified requirements, including, among others, that the service provider has prior experience working with county or regional mental health programs. -This bill would require a service provider to also demonstrate an existing relationship with a supportive housing provider. The bill would specify that a program participant is not required to receive other services for mentally ill parolees as a condition of eligibility to receive rental assistance through the program. -The bill would require a service provider to exercise due diligence in providing any mental health or other contracted services and to notify the department of a participant’s participation in those services. -The bill would require a service provider to offer rental subsidies that are equal to or greater than fair market rent, as defined. The bill would also prohibit the department or a service provider from limiting the duration that a program participant may receive rental assistance through the program, except by the length of the person’s parole. -(2) Existing law requires a service provider to identify and locate supportive housing opportunities prior to a program participant’s release from state prison or as quickly upon release from state prison as possible, or as quickly as possible when a program participant is identified during parole. Existing law requires a service provider to report specified information to the department, including the number of program participants served and the outcomes for program participants, including the number of participants who returned to state prison. -This bill would require a service provider to identify and locate supportive housing opportunities no later than 9 months after the program participant has agreed to participate in the program. The bill would require that the housing located provide the program participant with a lease where he or she has all of the rights and responsibilities of tenancy. The bill would require a service provider to use a portion of the program payments received to provide interim housing, as defined. The bill would also require a service provider to report to the department the percentage of program participants currently living in permanent housing and the number who are arrested and residing in county jail. The bill would also make technical, nonsubstantive, and clarifying changes.","An act to amend Sections 2985, 2985.1, 2985.2, 2985.3, 2985.4, and 2985.5 of the Penal Code, relating to parolees." -279,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) In 2012, about 35,000 children were born to 15- to 19-year-olds in California. Nationwide, 70 percent of young parents are pushed out of school, and fewer than 4 in 10 young mothers graduate from high school by 18 years of age. -(b) Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law protect all pupils’ rights to equal educational opportunities regardless of sex. Yet, only some of California’s school districts provide pregnant and parenting pupil programs. -(c) Pregnant and parenting pupils face overwhelming, system-enforced obstacles to graduating and receiving an education of equal quality to that of their peers that vary across school districts and include all of the following: -(1) Inconsistent access to excused “family leave” absences to care for new infants during the critical period of early child development, with male parents often having no access. -(2) Involuntary pushout due to high absence rates related to pregnancy and parenting responsibilities. -(3) Rigid requirements to verify excused absences to care for a sick child. -(4) Allowed “reasonable” amount of time to make up work is defined by the school districts and not to the individual circumstances or to support a pupil’s goal to graduate. -(5) Varying levels of support and engagement from schools while pupils are absent. -(6) Encouragement to pursue independent study that may not fulfill the “A-G” admission requirements for the California State University and the University of California or have inconsistent and rigorous attendance policies. -(7) Parenting pupils’ lack of awareness of their rights under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and California law, as well as pupils’ different educational options during pregnancy, postpartum, and as a parent. -(d) While California has an 80 percent high school graduation rate, only 38 percent of young moms who have a child before they are 18 years of age graduate from high school, 19 percent get a General Education Development (GED) credential, and only 2 percent go to college before 30 years of age. -(e) Educational challenges set the stage for economic hardship: The median income for women over 25 years of age without a high school degree is $15,021, less than 53 percent of that of their peers’ median income of $31,904. -(f) Nearly 60 percent of mothers under 19 years of age live in poverty. -(g) Children of teen mothers tend to struggle more in school, are less likely to complete high school, have lower performance on standardized tests, and are more likely to enter the foster care system and become teen parents themselves. -(h) Studies show that pregnancy can motivate pupils to complete school and pursue postsecondary education. -(i) Further, bonding time is critical for an infant’s long-term development and the well-being of parents. California has acknowledged the importance of bonding time and paved the way in supporting bonding within working families. -(j) Since 2004, workers have been entitled to up to six weeks of family leave to bond with their children. Working families benefit significantly from bonding time. Parenting pupils and their infants, some of our most vulnerable citizens, should not have to choose between their family and education. -SEC. 2. -Section 222.5 is added to the Education Code, to read: -222.5. -A school district shall notify pregnant and parenting pupils of their rights and options available pursuant to Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 222, 46015, and 48206.3 through annual school year welcome packets pursuant to Section 48980, through independent study packets, on the school district’s Internet Web site, in lactation rooms, and in locker rooms. -SEC. 3. -Section 46015 is added to the Education Code, to read: -46015. -(a) The governing board of a school district may -allow -adopt a policy that allows -a parenting pupil who gives or expects to give birth up to six weeks of parental leave and may allow a parenting pupil not giving birth up to three weeks of parental leave after the birth. The length of leave shall be determined by the pupil and shall not exceed the length of time allowed by this subdivision. -(b) (1) Absences allowed pursuant to this section shall not be deemed absences in computing average daily attendance pursuant to Section 42238.5 if the governing board of the school district of attendance files an expectant and parenting pupil policy, including procedures for ensuring pupils are provided with schoolwork while on parental leave, with the department. -(2) For purposes of calculating average daily attendance for a pupil on parental leave, one day of attendance shall be credited for each hour spent on activities related to the instruction of that pupil, with a maximum equivalent of the limits specified in subdivision (a). For purposes of this paragraph, “activities related to the instruction of that pupil” means activities that require contact with the pupil. -(3) An expectant and parenting pupil policy shall require a pupil to submit a parental leave request form, similar or the same as request forms used to request temporary disability time off, to the pupil’s school before the end of the pregnant pupil’s second trimester. A school shall process a request within five business days and provide makeup work plan development process guidelines to a pupil in conjunction with the positive determination of parental leave. -SEC. 4. -Section 48205 of the Education Code is amended to read: -48205. -(a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is: -(1) Due to his or her illness. -(2) Due to quarantine under the direction of a county or city health officer. -(3) For the purpose of having medical, dental, optometrical, or chiropractic services rendered. -(4) For the purpose of attending the funeral services of a member of his or her immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California. -(5) For the purpose of jury duty in the manner provided for by law. -(6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including up to four absences per school year to care for a sick child, for which the school shall not require a note from a doctor. -(7) For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of his or her religion, attendance at religious retreats, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization when the pupil’s absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board. -(8) For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code. -(9) For the purpose of spending time with a member of the pupil’s immediate family, who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district. -(b) A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence. -(c) For purposes of this section, attendance at religious retreats shall not exceed four hours per semester. -(d) Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments. -(e) “Immediate family,” as used in this section, has the same meaning as set forth in Section 45194, except that references therein to “employee” shall be deemed to be references to “pupil.” -SEC. 5. -Section 48206.3 of the Education Code is amended to read: -48206.3. -(a) Except for those pupils receiving individual instruction provided pursuant to Section 48206.5, a pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable shall receive individual instruction provided by the district in which the pupil is deemed to reside. -(b) For purposes of this section and Sections 48206.5, 48207, and 48208, the following terms have the following meanings: -(1) “Individual instruction” means instruction provided to an individual pupil in the pupil’s home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the state board. -(2) “Temporary disability” means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program without special intervention. Temporary disability also includes pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to Section 56026. -(c) (1) For purposes of computing average daily attendance pursuant to Section 42238.5, each clock hour of teaching time devoted to individual instruction shall count as one day of attendance. -(2) A pupil shall not be credited with more than five days of attendance per calendar week, or more than the total number of calendar days that regular classes are maintained by the district in any fiscal year. -(d) Notice of the availability of individualized instruction shall be given pursuant to Section 48980. -SEC. 6. -Section 48208 of the Education Code is amended to read: -48208. -(a) It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupil’s presence in a qualifying hospital. -(b) Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following: -(1) (A) Within five working days of receipt of the notification, determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, when the individualized instruction may commence. Individualized instruction shall commence no later than five working days after the positive determination has been rendered. -(B) A school district shall provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupil’s school or school district. -(2) Provide the pupil with individualized instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program, to have the school district the pupil previously attended provide the pupil with individualized instruction pursuant to Section 48206.3. -(3) Within five working days of the commencement of individualized instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.5, effective the date on which individualized instruction commenced. -SEC. 7. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires a pupil to be excused from school for specified types of absences and prohibits those excused absences from generating state apportionment payments by deeming them as absences in computing average daily attendance. -This bill would include as another type of excused absence, 4 absences per school year to care for a sick child, for which the school is prohibited from requiring a note from a doctor. The bill would authorize the governing board of a school district to -allow -adopt a policy that allows -a parenting pupil who gives or expects to give birth up to 6 weeks of parental leave and to allow a parenting pupil not giving birth up to 3 weeks of parental leave. The bill would specify that parental leave absences shall not be deemed absences in computing average daily attendance if the governing board of the school district of attendance files with the State Department of Education an expectant and parenting pupil policy that includes procedures for ensuring pupils are provided with schoolwork while on parental leave, and would specify the method for crediting average daily attendance for these pupils. -(2) Existing state regulations require an educational institution to treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery from those conditions in the same manner and under the same policies as any other temporary disability. Existing law requires a school district that receives notification of a pupil’s temporary disability to determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, to provide the individualized instruction, as specified. -This bill would require a school district to provide a pupil with a temporary disability as a result of pregnancy with guidelines for makeup work plan development if the option for individualized instruction is not available at the pupil’s school or school district. -(3) Existing law prohibits discrimination on the basis of disability, gender, or other specified characteristics in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state financial aid. -This bill would require a school district to notify pregnant and parenting pupils of specified rights and options available to those pupils, as specified. -(4) To the extent that this bill would impose additional duties on school districts, the bill would impose a state-mandated local program. -(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 48205, 48206.3, and 48208 of, and to add Sections 222.5 and 46015 to, the Education Code, relating to pupil rights." -280,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3003.5 of the Penal Code is amended to read: -3003.5. -(a) Notwithstanding any other -provision of -law, when a person is released on parole after having served a term of imprisonment in state prison for any offense for which registration is required pursuant to Section 290, that person may not, during the period of parole, reside in any -single family -single-family -dwelling with any other person also required to register pursuant to Section 290, unless those persons are legally related by blood, marriage, or adoption. For purposes of this section, -“single family -“single-family -dwelling” shall not include a residential facility -which -that -serves six or fewer persons. -(b) -(1) -Notwithstanding any other -provision of -law, it is unlawful for any person -convicted of any of the offenses enumerated in Section 667.61 and -for whom registration is required pursuant to Section 290 to reside within -2000 -2,000 -feet of any public or private school, or park where children regularly gather. -The 2,000-foot residency restriction shall be measured by the shortest practical pedestrian or vehicle path. -(2) The state parole authority shall enforce the residency restriction required pursuant to this section until the sex offender is discharged from parole unless any of the following occur: -(A) The offender is subject to a greater preexisting residency restriction. -(B) The residency restriction is modified within the county in which the offender resides as provided by Section 3003.51. -(C) The residency restriction is found unconstitutional as applied within the county and no modified restriction can be constitutionally enforced. -(3) Any person subject to the residency restriction imposed pursuant to paragraph (1) may, if compliance is not reasonably possible within his or her county, seek relief pursuant to Section 3003.51. -(c) Nothing in this section shall prohibit municipal jurisdictions from enacting local ordinances that further restrict the residency of any person for whom registration is required pursuant to Section 290. -SEC. 2. -Section 3003.51 is added to the Penal Code, to read: -3003.51. -(a) Any person prohibited pursuant to Section 3003.5 from living within 2,000 feet of any public or private school, or park where children regularly gather, may seek relief from those restrictions if he or she cannot comply with the restriction because of the unavailability of compliant housing within his or her county of domicile. -(b) Any person seeking relief under this section may file a petition with the superior court of the county in which he or she resides. Notice of the petition shall be timely served on the state parole authority or other entity enforcing the subject sex offender residency restrictions. -(c) Notwithstanding any other law, original jurisdiction for any petition filed pursuant to this section shall lie with the appellate division of the superior court in which the petition is filed. The court may consolidate all pending petitions. -(d) The appellate division of the superior court in which the petition is filed pursuant to this section may grant the petition in whole or in part if the petitioner establishes by a preponderance of the evidence, and the court finds, each of the following: -(1) There is a pervasive lack of compliant housing within the petitioner’s county of domicile. -(2) The petitioner is among a substantial proportion of sex offenders subject to the 2,000 foot residency restriction who have, despite good faith efforts, been unable to find compliant housing within the county. -(3) The 2,000 foot restriction is the principal reason that those without a residence have been unable to find compliant housing. -(e) (1) Relief granted pursuant to this section may modify residential distance restrictions to comport with the geographic constraints within the subject county but modifications shall be narrowly crafted in order to substantially comply with the intent of the people in approving Section 3003.5. -(2) The court may, if necessary, bifurcate the application of residency restrictions so as to apply discrete restrictions to those who have been convicted of child molestation or other felony sex offenses involving victims under 18 years of age. -(f) If relief is granted or denied pursuant to this section, no subsequent petition shall be heard, unless the petitioner or petitioners establish in the petition, to the satisfaction of the court, both of the following: -(1) There has been a change of circumstances based upon a substantial decline in the availability of compliant housing. -(2) There has been a corresponding increase in the percentage of sex offenders who are unable to comply with the residency restriction due to the change of circumstances described in paragraph (1) since the court ruling on the prior petition. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to protect the public at the earliest possible time, it is necessary that this act take effect immediately.","Existing law, as amended by Proposition 83 at the November 7, 2006, statewide general election, prohibits any person who is required to register pursuant to the Sex Offender Registration Act from residing within 2,000 feet of any public or private school, or park where children regularly gather. -This bill would require that the 2,000-foot residency restriction be measured by the shortest practical pedestrian or vehicle path. The bill would limit the residency restriction to persons convicted of specified offenses. The bill would clarify that the state parole authority shall enforce the residency restriction except under specified conditions. The bill would permit a person who is subject to the residency restriction to petition the superior court of the county within which he or she resides for relief from the requirement. The bill would provide that original jurisdiction for the petition would lie with the appellate division of the superior court in which the petition is filed. The bill would require the petitioner to establish by a preponderance of the evidence that there is a pervasive lack of compliant housing in the county, that the petitioner is among a substantial proportion of sex offenders subject to the residency restriction who are unable to find compliant housing, and that the housing restriction is the principal reason that those without a residence have been unable to find housing. The bill would allow relief to modify the residential distance restrictions if that relief is narrowly crafted, and would allow the court to bifurcate the application of residency restrictions so as to apply discrete restrictions to those who have been convicted of child molestation or other felony sex offenses involving victims under 18 years of age. The bill would prohibit a subsequent petition from being heard if relief is granted or denied, unless the petitioner establishes in the petition, to the satisfaction of the court, that circumstances regarding compliant housing have changed, as provided. -Proposition 83 permits the Legislature, by a vote of -2/3 -of the membership of each house and in accordance with specified procedures, to amend the provisions of the act. -By amending Proposition 83, this bill would require a -2/3 -vote. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 3003.5 of, and to add Section 3003.51 to, the Penal Code, relating to sex offenders, and declaring the urgency thereof, to take effect immediately." -281,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 6 (commencing with Section 8385) is added to Division 4.1 of the Public Utilities Code, to read: -CHAPTER 6. Wildfire Mitigation -8385. -(a) For purposes of this chapter, the following shall apply: -(1) “Compliance period” means a period of approximately one year. -(2) “Electrical cooperative” has the same meaning as defined in Section 2776. -(b) The commission shall supervise an electrical corporation’s compliance with the requirements of this chapter pursuant to the Public Utilities Act (Part 1 (commencing with Section 201) of Division 1). Nothing in this chapter affects the commission’s authority or jurisdiction over an electrical cooperative or local publicly owned electrical corporation. -8386. -(a) Each electrical corporation shall construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. -(b) Each electrical corporation shall annually prepare and submit a wildfire mitigation plan for the next compliance period to the commission for review. The wildfire mitigation plan shall include: -(1) An accounting of the responsibilities of persons responsible for executing the plan. -(2) The objectives of the plan. -(3) A description of the preventive strategies and programs to be adopted by the electrical corporation to minimize the risk of its electrical lines and equipment causing catastrophic wildfires. -(4) A description of the metrics the electrical corporation plans to use to evaluate the plan’s performance and the assumptions that underlie the use of those metrics. -(5) A discussion of how the application of previously identified metrics to previous plan performances has informed the plan. -(6) A description of the processes and procedures the electrical corporation will use to do the following: -(A) Monitor and audit the implementation of the plan. -(B) Identify any deficiencies in the plan or the plan’s implementation and correct those deficiencies. -(C) Monitor and audit the effectiveness of electrical line and equipment inspections, including inspections performed by contractors, carried out under the plan and other applicable statutes and commission rules. -(7) Any other information that the commission may require. -(c) The commission shall act expeditiously, but no later than 30 days before the beginning of the compliance period, to review and comment on the electrical corporation’s wildfire mitigation plan. -(d) The commission shall provide the electrical corporation with an opportunity to amend a wildfire mitigation plan in response to commission comments within 30 days. -(e) The commission shall conduct or contract for audits to determine if an electrical corporation is satisfactorily complying with its wildfire mitigation plan. -(f) The commission may contract with an independent third party to evaluate wildfire mitigation plans or to conduct audits and inspections authorized by this section, and may require electrical corporations to reimburse any related expenses. -8387. -(a) Each local publicly owned electric utility and electrical cooperative shall construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. -(b) The governing board of the local publicly owned electric utility or electrical cooperative shall determine, based on historical fire data and local conditions, and in consultation with the fire departments or other entities responsible for control of wildfires within the geographical area where the utility’s overhead electrical lines and equipment are located, whether any portion of that geographical area has a significant risk of catastrophic wildfire resulting from those electrical lines and equipment. -(c) If, pursuant to subdivision (b), the governing board determines that there is a significant risk of catastrophic wildfire resulting from the utility’s electrical lines and equipment, the local publicly owned electric utility or electrical cooperative shall, at an interval determined by the board, present to the board for its approval those wildfire mitigation measures the utility intends to undertake to minimize the risk of its overhead electrical lines and equipment causing a catastrophic wildfire. -(d) A fire prevention plan prepared by the local publicly owned electric utility or electrical cooperative, submitted to and approved by a federal agency as a license condition pursuant to subsection (e) of Section 4 of the Federal Power Act (16 U.S.C. Sec. 797 (e)) may, at the discretion of the governing board, be deemed to meet the requirements of this chapter for those areas covered by the fire prevention plan. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The California Constitution establishes the Public Utilities Commission, authorizes the commission to establish rules for all public utilities, subject to control by the Legislature, and authorizes the Legislature, unlimited by the other provisions of the California Constitution, to confer additional authority and jurisdiction upon the commission that is cognate and germane to the regulation of public utilities. The Public Utilities Act provides the commission with broad authority over public utilities, including electrical corporations, while local publicly owned electric utilities and electrical cooperatives are under the direction of their governing boards. Existing law establishes requirements for equipment, practices, and facilities for public utilities, including standards, enforceable by the commission, for installation and maintenance of wires or cables used to conduct electricity. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. -This bill would require each electrical corporation, local publicly owned electric utility, and electrical cooperative to construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of catastrophic wildfire posed by those electrical lines and equipment. The bill would require each electrical corporation to annually prepare a wildfire mitigation plan. The bill would require each electrical corporation to submit its plan to the commission for review, as specified. The bill would require the commission to review and comment on the submitted plan, as specified. The bill would require the governing board of a local publicly owned electric utility or electrical cooperative to determine whether any portion of the geographical area where the utility’s overhead electrical lines and equipment are located has a significant risk of catastrophic wildfire resulting from those electrical lines and equipment and, if so, would require the local publicly owned electric utility or electrical cooperative, at an interval determined by the board, to present to the board for its approval those wildfire mitigation measures the utility intends to undertake to minimize the risk of its overhead electrical lines and equipment causing a catastrophic wildfire. By placing additional duties upon local publicly owned electric utilities, the bill would impose a state-mandated local program. Because a violation of these provisions by an electrical corporation would be a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for specified reasons.","An act to add Chapter 6 (commencing with Section 8385) to Division 4.1 of the Public Utilities Code, relating to public utilities." -282,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature hereby finds and declares all of the following: -(a) California’s 4,200 units of local government have issued $1.5 trillion in debt since 1984. The California Debt and Investment Advisory Commission (CDIAC) was created in 1982 to provide information, education, and technical assistance on debt issuance and investments to local public agencies and other public finance professionals. Over the past three decades, CDIAC has emerged as a national thought leader in public finance. -(b) Nationally, there is approximately $3.7 trillion of state and local government debt outstanding. Of all outstanding state and local government debt, approximately 75 percent is held by households and mutual funds owned predominantly by households. State governments, local governments, and their stakeholders benefit from better data about public debt. Transparency on public debt promotes better government and market integrity. It is in the interest of the people that state and local agencies utilize technological opportunities to provide transparency to the public. -(c) State and local agencies should adopt comprehensive written debt management policies pursuant to the recommendation of the Government Finance Officers Association, a professional organization of over 18,000 public officials united to enhance and promote the professional management of governmental financial resources. These policies should reflect local, state, and federal laws and regulations. -(d) It is the intent of the Legislature that all debt issuance of state and of local governments be published in a single, transparent online database that allows the citizens of California to analyze, interpret, and understand how debt authorized by the public is utilized to finance facilities and services at the state and local level. -SEC. 2. -Section 8855 of the Government Code is amended to read: -8855. -(a) There is created the California Debt and Investment Advisory Commission, consisting of nine members, selected as follows: -(1) The Treasurer, or his or her designee. -(2) The Governor or the Director of Finance. -(3) The Controller, or his or her designee. -(4) Two local government finance officers appointed by the Treasurer, one each from among persons employed by a county and by a city or a city and county of this state, experienced in the issuance and sale of municipal bonds and nominated by associations affiliated with these agencies. -(5) Two Members of the Assembly appointed by the Speaker of the Assembly. -(6) Two Members of the Senate appointed by the Senate Committee on Rules. -(b) (1) The term of office of an appointed member is four years, but appointed members serve at the pleasure of the appointing power. In case of a vacancy for any cause, the appointing power shall make an appointment to become effective immediately for the unexpired term. -(2) Any legislators appointed to the commission shall meet with and participate in the activities of the commission to the extent that the participation is not incompatible with their respective positions as Members of the Legislature. For purposes of this chapter, the Members of the Legislature shall constitute a joint interim legislative committee on the subject of this chapter. -(c) The Treasurer shall serve as chairperson of the commission and shall preside at meetings of the commission. -(d) Appointed members of the commission shall not receive a salary, but shall be entitled to a per diem allowance of fifty dollars ($50) for each day’s attendance at a meeting of the commission not to exceed three hundred dollars ($300) in any month, and reimbursement for expenses incurred in the performance of their duties under this chapter, including travel and other necessary expenses. -(e) The commission may adopt bylaws for the regulation of its affairs and the conduct of its business. -(f) The commission shall meet on the call of the chairperson, at the request of a majority of the members, or at the request of the Governor. A majority of all nonlegislative members of the commission constitutes a quorum for the transaction of business. -(g) The office of the Treasurer shall furnish all administrative assistance required by the commission. -(h) The commission shall do all of the following: -(1) Assist all state financing authorities and commissions in carrying out their responsibilities as prescribed by law, including assistance with respect to federal legislation pending in Congress. -(2) Upon request of any state or local government units, to assist them in the planning, preparation, marketing, and sale of debt issues to reduce cost and to assist in protecting the issuer’s credit. -(3) Collect, maintain, and provide comprehensive information on all state and all local debt authorization and issuance, track and report on all state and local outstanding debt until fully repaid or redeemed, and serve as a statistical clearinghouse for all state and local debt. This information shall be available to the public. -(4) Maintain contact with state and municipal bond issuers, underwriters, credit rating agencies, investors, and others to improve the market for state and local government debt issues. -(5) Undertake or commission studies on methods to reduce the costs and improve credit ratings of state and local issues. -(6) Recommend changes in state laws and local practices to improve the sale and servicing of state and local debts. -(7) Establish a continuing education program for local officials having direct or supervisory responsibility over municipal investments and debt issuance. The commission shall undertake these and any other activities necessary to disclose investment and debt issuance practices and strategies that may be conducive for oversight purposes. -(8) Collect, maintain, and provide information on local agency investments of public funds for local agency investment. -(9) Publish a monthly newsletter describing and evaluating the operations of the commission during the preceding month. -(i) (1) The issuer of any proposed debt issue of state or local government shall, no later than 30 days prior to the sale of any debt issue, submit a report of the proposed issuance to the commission by any method approved by the commission. This subdivision shall also apply to any nonprofit public benefit corporation incorporated for the purpose of acquiring student loans. The commission may require information to be submitted in the report of proposed debt issuance that it considers appropriate. Failure to submit the report shall not affect the validity of the sale. The report of proposed debt issuance shall include a certification by the issuer that it has adopted local debt policies concerning the use of debt and that the contemplated debt issuance is consistent with those local debt policies. A local debt policy shall include all of the following: -(A) The purposes for which the debt proceeds may be used. -(B) The types of debt that may be issued. -(C) The relationship of the debt to, and integration with, the issuer’s capital improvement program or budget, if applicable. -(D) Policy goals related to the issuer’s planning goals and objectives. -(E) The internal control procedures that the issuer has implemented, or will implement, to ensure that the proceeds of the proposed debt issuance will be directed to the intended use. -(2) In the case of an issue of bonds the proceeds of which will be used by a governmental entity other than the issuer, the issuer may rely upon a certification by that other governmental entity that it has adopted the policies described in subparagraphs (C), (D), and (E) of paragraph (1), and references to the “issuer” in those subparagraphs shall be deemed to refer instead to the other governmental entity. -(j) The issuer of any debt issue of state or local government, not later than 21 days after the sale of the debt, shall submit a report of final sale to the commission by any method approved by the commission. A copy of the final official statement for the issue shall accompany the report of final sale. If there is no official statement, the issuer shall provide each of the following documents, if they exist, along with the report of final sale: -(1) Other disclosure document. -(2) Indenture. -(3) Installment sales agreement. -(4) Loan agreement. -(5) Promissory note. -(6) Bond purchase contract. -(7) Resolution authorizing the issue. -(8) Bond specimen. -The commission may require information to be submitted in the report of final sale that it considers appropriate. The issuer may redact confidential information contained in the documents if the redacted information is not information that is otherwise required to be reported to the commission. -(k) (1) A public agency, whether state or local, shall submit an annual report for any issue of debt for which it has submitted a report of final sale pursuant to subdivision (j) on or after January 21, 2017. The annual report shall cover a reporting period from July 1 to June 30, inclusive, and shall be submitted no later than seven months after the end of the reporting period by any method approved by the commission. Before approving any annual method of reporting pursuant to this subdivision, the commission shall consult with appropriate state and local debt issuers and organizations representing debt issuers for purposes that shall include, but not be limited to, making a proposed reporting method more efficient and less burdensome for issuers. The annual report shall consist of the following information: -(A) Debt authorized during the reporting period, which shall include the following: -(i) Debt authorized at the beginning of the reporting period. -(ii) Debt authorized and issued during the reporting period. -(iii) Debt authorized but not issued at the end of the reporting period. -(iv) Debt authority that has lapsed during the reporting period. -(B) Debt outstanding during the reporting period, which shall include the following: -(i) Principal balance at the beginning of the reporting period. -(ii) Principal paid during the reporting period. -(iii) Principal outstanding at the end of the reporting period. -(C) The use of proceeds of issued debt during the reporting period, which shall include the following: -(i) Debt proceeds available at the beginning of the reporting period. -(ii) Proceeds spent during the reporting period and the purposes for which it was spent. -(iii) Debt proceeds remaining at the end of the reporting period. -(2) Compliance with this subdivision shall be required for each issue of debt with outstanding debt, debt that has been authorized but not issued, or both, during the reporting period. -(3) The commission may, if technology permits, develop an alternate reporting method, provided that any alternate reporting method is in furtherance of the purpose of collecting the data required by this subdivision. Before approving any alternate annual method of reporting pursuant to this subdivision, the commission shall consult with appropriate state and local debt issuers and organizations representing debt issuers for purposes that shall include, but not be limited to, making a proposed reporting method more efficient and less burdensome for issuers.","Existing law establishes the California Debt and Investment Advisory Commission to, among other things, maintain contact with state and municipal bond issuers, underwriters, investors, and credit rating agencies to improve the market for state and local government debt issues and to assist state and local governments to prepare, market, and sell their debt issues. Existing law requires the commission to collect, maintain, and provide comprehensive information on all state and all local debt authorization and issuance and to serve as a statistical clearinghouse for all state and local debt issuance. -This bill would additionally require the commission to track and report on all state and local outstanding debt until fully repaid or redeemed. -Existing law requires the issuer of debt of state or local government to submit reports to the commission, within specified timeframes, of the proposed issuance of debt and of final sale, as provided. -This bill would require that the report of proposed debt include a certification by the issuer that it has adopted local debt policies, which include specified provisions concerning the use of debt and that the contemplated debt issuance is consistent with those local debt policies. -This bill would also require a state or local public agency to submit an annual report for any issue of debt for which it has submitted a report of final sale on or after January 21, 2017. The bill would require the annual report to cover a reporting period of July 1 to June 30, inclusive, and to include specified information about debt issued and outstanding and the use of proceeds from debt during the reporting period. The bill would require that the report be submitted within 7 months after the end of the reporting period by any method approved by the commission. The bill would require the commission to consult with appropriate state and local debt issuers and organizations representing debt issuers prior to approving any annual method of reporting pursuant to these provisions, as provided. -This bill would make various findings and declarations regarding its provisions.","An act to amend Section 8855 of the Government Code, relating to state government." -283,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 5343.5 of the -Food and Agricultural Code -is amended to read: -5343.5. -At any inspection station maintained at or near the California border by the director pursuant to Section 5341, the following sign shall be conspicuously posted in block letters not less than four inches in height: - - -“NOTICE: IF YOU ARE A CALIFORNIA RESIDENT, CALIFORNIA LAW AND THE FEDERAL GUN CONTROL ACT MAY PROHIBIT YOU FROM BRINGING WITH YOU INTO THIS STATE FIREARMS THAT YOU ACQUIRED OUTSIDE OF THIS STATE. -IN ADDITION, IF YOU ARE A NEW CALIFORNIA RESIDENT, STATE LAW REGULATES YOUR BRINGING INTO CALIFORNIA HANDGUNS AND OTHER DESIGNATED FIREARMS AND MANDATES THAT SPECIFIC PROCEDURES BE FOLLOWED. -IF YOU HAVE ANY QUESTIONS ABOUT THE PROCEDURES TO BE FOLLOWED IN BRINGING FIREARMS INTO CALIFORNIA OR TRANSFERRING FIREARMS WITHIN CALIFORNIA, YOU SHOULD CONTACT THE CALIFORNIA DEPARTMENT OF JUSTICE OR A LOCAL CALIFORNIA LAW ENFORCEMENT AGENCY.” - - -SEC. 2. -SECTION 1. -Section 803 of the Penal Code is amended to read: -803. -(a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. -(b) No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter. -(c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses: -(1) Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93. -(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10. -(3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code. -(4) A violation of Section 1090 or 27443 of the Government Code. -(5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code. -(6) Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code. -(7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code. -(8) A violation of Section 22430 of the Business and Professions Code. -(9) A violation of Section 103800 of the Health and Safety Code. -(10) A violation of Section 529a. -(11) A violation of subdivision (d) or (e) of Section 368. -(d) If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations. -(e) A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code. -(f) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under 18 years of age, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object. -(2) This subdivision applies only if all of the following occur: -(A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired. -(B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual. -(C) There is independent evidence that corroborates the victim’s allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim’s allegation. -(3) No evidence may be used to corroborate the victim’s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals. -(4) (A) In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation. -(B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege. -(C) This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith. -(g) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met: -(A) The crime is one that is described in subdivision (c) of Section 290. -(B) The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense. -(2) For purposes of this section, “DNA” means deoxyribonucleic acid. -(h) For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product. -(i) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647. -(j) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense. -(k) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense. -(l) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code. -(m) A limitation of time prescribed in this chapter does not commence to run until one year from the discovery -of -of, but in no event later than five years after the commission of, -a violation of Section 27500, -27505, -27510, -27515, 27520, 27545, 27560, 27565, 27585, subdivision (a), (c), (d), (e), or (f) of Section 27540, or the discovery of the supplying, selling, giving, or allowing possession or control of a firearm in violation of Section 8101 of the Welfare and Institutions Code. -or 27515.","Existing law requires the Secretary of Food and Agriculture to maintain quarantine inspection stations. Existing law requires that a sign be conspicuously posted at any inspection station maintained at or near the California border stating that the federal Gun Control Act of 1968 may prohibit persons from bringing firearms into the state that were acquired outside of the state. -The bill would require that these inspection station signs also state that California law may prohibit a person from bringing a firearm into the state that was acquired outside of the state. -Existing law prescribes the statute of limitations for filing various criminal complaints. -This bill would provide that, notwithstanding any other statute of limitation for filing a criminal complaint, the limitation of time would not commence until one year after discovery -of -of, but in no event later than 5 years after the commission of, -the violation for specified offense involving the transfer of firearms, including, among others, violating prohibitions against transferring a firearm to a person who is prohibited from possessing a firearm, -and -transferring -a firearm to a minor or -a handgun to a person under 21 years of -age, and failing to complete a firearm transfer through a firearms dealer as required. -age. -Existing law generally regulates the sale and transfer of firearms. Existing law requires a firearms transaction conducted by a firearms dealer to include, among other things, a background check of the purchaser, and certain personal information about the purchaser to be submitted to the department. Existing law requires a firearm transfer between 2 persons, neither of whom are a firearms dealer, to be conducted through a dealer. Similarly, existing law requires a person who imports or transports a firearm into this state that was obtained outside of the state to have the firearm delivered to a dealer for delivery to that person. -This bill would provide a return process for firearms obtained under the circumstances described above and in violation of the requirement that a firearms dealer conduct the transfer. The bill would require the owner of the firearm to deliver the firearm to a firearms dealer, who would report taking possession of the firearm to the department, and would require the firearm to be returned to the prior owner after a background check and other requirements that apply to a firearms transaction conducted by a dealer have been met. A violation of these provisions by a dealer would be a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. -The bill would make conforming changes to other provisions of law relating to records of firearms transactions kept by the department and a firearms dealer. The bill would, for firearms complying with those return provisions, make conforming changes to other provisions of law that provide exceptions from various prohibitions, including, among others, exceptions to the prohibition against carrying a concealed firearm, to the prohibition against openly carrying a firearm, and to carrying a firearm that is not a handgun in public. The bill would, for firearms returned pursuant to the return provisions, also make exceptions to other provisions of law requiring firearm safety devices, firearm safety certificates, and regulating unsafe handguns. -Existing law makes it a crime for a person, corporation, or firm to sell, loan, or transfer a firearm to a minor or sell a handgun to an individual under 21 years of age. Existing law makes it a crime for a firearms dealer to supply, deliver, or give possession or control of a handgun to any person under 21 years of age, or any other firearm to a person under 18 years of age. Existing law makes these crimes punishable as a misdemeanor, except that in the case of a handgun the crimes are punishable as a misdemeanor or a felony, as specified. -This bill would make these crimes punishable as a misdemeanor or felony, as specified, in the case of a centerfire semiautomatic rifle. -Existing law, subject to exceptions, requires a firearms dealer to comply with certain requirements when delivering a firearm to a person, including, among others, that the firearm is not delivered within 10 days of the application to purchase and is not delivered to a person that the Department of Justice has notified the dealer is prohibited from receiving a firearm. Existing law makes a violation of these provisions a misdemeanor, except that in the case of a handgun the violation is a misdemeanor or a felony, as specified. -This bill would make a violation of those provisions, in the case of a centerfire semiautomatic rifle, punishable as a misdemeanor or a felony, as specified. -By creating new crimes, this bill would impose a state-mandated local program. -Existing law requires reports of ownership be filed within certain grace periods for firearms brought or imported into the state by a personal firearms importer or licensed collector. Existing law makes a violation of these provisions a misdemeanor. -This bill would make a violation of those provisions, in the case of a handgun, punishable as a misdemeanor or a felony. -By increasing the penalty for an existing offense, this bill would impose a state-mandated local program. -The bill would provide that the violations of failing to process a firearms transaction through a dealer when neither party to the transaction is a dealer, and of importing a firearm without it going to a dealer for delivery to the importer would not apply if the only evidence of the violation arises because of information supplied to the Department of Justice in connection with the return process described above. -Existing law prohibits a person, corporation, or dealer from acquiring a firearm for the purpose of selling, loaning, or transferring the firearm if the dealer has the intent to transfer the firearm to a minor or to evade specified requirements on the transfer of firearms, or in the case of a person, if the person intends to violate the requirement that the transaction be conducted through a licensed firearms dealer. A violation of these provisions is punishable as a misdemeanor or a felony. -This bill would similarly prohibit a person, corporation, or dealer from transporting a firearm or bringing a firearm into this state for the purpose of selling, loaning, or transferring the firearm with the intent specified above. By expanding the definition of a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section -5343.5 of the Food and Agricultural Code, and to amend Sections 803, 11106, 23635, 23690, 25560, 26405, 26825, 26880, 26885, 27520, 27570, 27590, 28160, 28200, 31700, and 32110 of, to add Article 3.5 (commencing with Section 28270) to Chapter 6 of Division 6 of Title 4 of Part 6 of, and to repeal and add Section 26379 of, -803 -of -the Penal Code, relating to firearms." -284,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 87408.6 of the Education Code is amended to read: -87408.6. -(a) (1) Except as provided in subdivision (h), a person shall not be initially employed by a community college district in an academic or classified position unless the person has within the last 60 days submitted to a tuberculosis risk assessment developed by the State Department of Public Health and the California Tuberculosis Controllers Association and, if risk factors are present, an examination to determine that he or she is free of active tuberculosis, by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code. This examination shall consist of an approved intradermal tuberculin test or any other test for tuberculosis infection recommended by the federal Centers for Disease Control and Prevention (CDC) and licensed by the federal Food and Drug Administration (FDA), that, if positive, shall be followed by an X-ray of the lungs. -(2) The X-ray film may be taken by a competent and qualified X-ray technician if the X-ray film is subsequently interpreted by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. -(3) The district superintendent, or his or her designee, may exempt, for a period not to exceed 60 days following termination of the pregnancy, a pregnant employee from the requirement that a positive intradermal tuberculin test be followed by an X-ray of the lungs. -(b) Thereafter, employees who are skin test negative, or negative by any other test recommended by the CDC and licensed by the FDA, or were not tested because of a lack of risk factors, shall be required to undergo the foregoing tuberculosis risk assessment and, if risk factors exist, examination at least once each four years or more often if directed by the governing board upon recommendation of the local health officer for so long as the employee remains test negative by either the tuberculin skin test or any other test recommended by the CDC and licensed by the FDA. Once an employee has a documented positive skin test or any other test that has been recommended by the CDC and licensed by the FDA that has been followed by an X-ray, the foregoing tuberculosis risk assessments and examinations shall no longer be required, and referral shall be made within 30 days of completion of the examination to the local health officer to determine the need for followup care. -(c) If risk factors were present at the tuberculosis risk assessment and an examination occurs, after the examination an employee shall cause to be on file with the district superintendent a certificate from the examining physician and surgeon or physician assistant showing the employee was examined and found free from active tuberculosis. “Certificate,” as used in this subdivision, means a certificate signed by the examining physician and surgeon or physician assistant, or a notice from a public health agency or unit of the American Lung Association that indicates freedom from active tuberculosis. The latter, regardless of form, shall constitute evidence of compliance with this section. -(d) This tuberculosis risk assessment and, if risk factors are present, examination is a condition of initial employment and the expense incident thereto shall be borne by the applicant unless otherwise provided by rules of the governing board. However, the board may, if an applicant is accepted for employment, reimburse the person in a like manner prescribed for employees in subdivision (e). -(e) The governing board of each district shall reimburse the employee for the cost, if any, of the examination. The board may provide for the examination required by this section or may establish a reasonable fee for the examination that is reimbursable to employees of the district complying with this section. -(f) (1) At the discretion of the governing board, this section does not apply to those employees not requiring certification qualifications who are employed for any period of time less than a college year whose functions do not require frequent or prolonged contact with students. -(2) The governing board may, however, require the tuberculosis risk assessment and, if risk factors are present, examination and may, as a contract condition, require the assessment and examination of persons employed under contract, other than those persons specified in subdivision (a), if the board believes the presence of these persons in and around college premises would constitute a health hazard to students. -(g) If the governing board of a community college district determines by resolution, after hearing, that the health of students in the district would not be jeopardized thereby, this section does not apply to any employee of the district who files an affidavit stating that he or she adheres to the faith or teachings of any well-recognized religious sect, denomination, or organization and in accordance with its creed, tenets, or principles depends for healing upon prayer in the practice of religion and that to the best of his or her knowledge and belief he or she is free from active tuberculosis. If at any time there should be probable cause to believe that the affiant is afflicted with active tuberculosis, he or she may be excluded from service until the governing board of the employing district is satisfied that he or she is not so afflicted. -(h) (1) A person who transfers his or her employment from one campus or community college district to another shall be deemed to meet the requirements of subdivision (a) if the person can produce a certificate that shows that he or she within the past four years had a tuberculosis risk assessment that showed no risk factors were present or was examined and was found to be free of communicable tuberculosis, or if it is verified by the college previously employing him or her that it has a certificate on file that contains that showing. -(2) A person who transfers his or her employment from a private or parochial elementary school, secondary school, or nursery school to the community college district subject to this section shall be deemed to meet the requirements of subdivision (a) if the person can produce a certificate as provided for in Section 121525 of the Health and Safety Code that shows that he or she within the last four years had a tuberculosis risk assessment that showed no risk factors were present or was examined and was found to be free of communicable tuberculosis, or if it is verified by the school previously employing him or her that it has the certificate on file. -(i) (1) Any governing board of a community college district providing for the transportation of students under contract shall require as a condition of the contract the tuberculosis risk assessment and, if risk factors are present, examination for active tuberculosis, as provided in subdivision (a), of all drivers transporting the students. Privately contracted drivers who transport the students on an infrequent basis, not to exceed once a month, shall be excluded from this requirement. -(2) Examinations required pursuant to this subdivision shall be made available without charge by the local health officer.","Existing law prohibits a person from being employed by a community college in an academic or classified position unless the person has submitted to a tuberculosis examination within the past 60 days to determine that he or she is free of active tuberculosis. -This bill would instead prohibit employment unless the person, within 60 days, has submitted to a tuberculosis risk assessment and, if tuberculosis risk factors are identified, has undergone a tuberculosis examination.","An act to amend Section 87408.6 of the Education Code, relating to community colleges." -285,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 40240 of the Vehicle Code is amended to read: -40240. -(a) Subject to subdivision (g), the City and County of San Francisco and the Alameda-Contra Costa Transit District may install automated forward facing parking control devices on city-owned or district-owned public transit vehicles, as defined by Section 99211 of the Public Utilities Code, for the purpose of video imaging of parking violations occurring in transit-only traffic lanes. Citations shall be issued only for violations captured during the posted hours of operation for a transit-only traffic lane. The devices shall be angled and focused so as to capture video images of parking violations and not unnecessarily capture identifying images of other drivers, vehicles, and pedestrians. The devices shall record the date and time of the violation at the same time as the video images are captured. -(b) Prior to issuing notices of parking violations pursuant to subdivision (a) of Section 40241, the City and County of San Francisco and the Alameda-Contra Costa Transit District shall commence a program to issue only warning notices for 30 days. The City and County of San Francisco and the Alameda-Contra Costa Transit District shall also make a public announcement of the program at least 30 days prior to commencement of issuing notices of parking violations. -(c) A designated employee of the City and County of San Francisco, or a contracted law enforcement agency for the Alameda-Contra Costa Transit District, who is qualified by the city and county or the district to issue parking citations, shall review video image recordings for the purpose of determining whether a parking violation occurred in a transit-only traffic lane. A violation of a statute, regulation, or ordinance governing vehicle parking under this code, under a federal or state statute or regulation, or under an ordinance enacted by the City and County of San Francisco or the Alameda-Contra Costa Transit District occurring in a transit-only traffic lane observed by the designated employee in the recordings is subject to a civil penalty. -(d) The registered owner shall be permitted to review the video image evidence of the alleged violation during normal business hours at no cost. -(e) (1) Except as it may be included in court records described in Section 68152 of the Government Code, or as provided in paragraph (2), the video image evidence may be retained for up to six months from the date the information was first obtained, or 60 days after final disposition of the citation, whichever date is later, after which time the information shall be destroyed. -(2) Notwithstanding Section 26202.6 of the Government Code, video image evidence from forward facing automated enforcement devices that does not contain evidence of a parking violation occurring in a transit-only traffic lane shall be destroyed within 15 days after the information was first obtained. -(f) Notwithstanding Section 6253 of the Government Code, or any other law, the video image records are confidential. Public agencies shall use and allow access to these records only for the purposes authorized by this article. -(g) The authority for the Alameda-Contra Costa Transit District to implement an automated enforcement system to enforce parking violations occurring in transit-only traffic lanes exists only until January 1, 2022. -(h) The following definitions shall apply for purposes of this article: -(1) “Local agency” means the City and County of San Francisco and the Alameda-Contra Costa Transit District. -(2) “Transit-only traffic lane” means any designated transit-only lane on which use is restricted to mass transit vehicles, or other designated vehicles including taxis and vanpools, during posted times. -SEC. 2. -Section 40240.5 is added to the Vehicle Code, to read: -40240.5. -(a) If the Alameda-Contra Costa Transit District implements an automated enforcement system to enforce parking violations occurring in transit-only traffic lanes pursuant to this article, the district shall provide to the transportation, privacy, and judiciary committees of the Legislature an evaluation report of the enforcement system’s effectiveness, impact on privacy, cost to implement, and generation of revenue, no later than January 1, 2021. -(b) (1) A report submitted pursuant to this section shall be submitted notwithstanding Section 10231.5 of the Government Code. -(2) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. -SEC. 3. -Section 40241 of the Vehicle Code is amended to read: -40241. -(a) A designated employee of the local agency, including a contracted law enforcement agency for the Alameda-Contra Costa Transit District, shall issue a notice of parking violation to the registered owner of a vehicle within 15 calendar days of the date of the violation. The notice of parking violation shall set forth the violation of a statute, regulation, or ordinance governing vehicle parking under this code, under a federal or state statute or regulation, or under an ordinance enacted by the City and County of San Francisco or the Alameda-Contra Costa Transit District occurring in a transit-only traffic lane, a statement indicating that payment is required within 21 calendar days from the date of citation issuance, and the procedure for the registered owner, lessee, or rentee to deposit the parking penalty or contest the citation pursuant to Section 40215. The notice of parking violation shall also set forth the date, time, and location of the violation, the vehicle license number, registration expiration date, if visible, the color of the vehicle, and, if possible, the make of the vehicle. The notice of parking violation, or copy of the notice, shall be considered a record kept in the ordinary course of business of the City and County of San Francisco or the Alameda-Contra Costa Transit District and shall be prima facie evidence of the facts contained in the notice. The City and County of San Francisco or the Alameda-Contra Costa Transit District shall send information regarding the process for requesting review of the video image evidence along with the notice of parking violation. -(b) The notice of parking violation shall be served by depositing the notice in the United States mail to the registered owner’s last known address listed with the Department of Motor Vehicles. Proof of mailing demonstrating that the notice of parking violation was mailed to that address shall be maintained by the local agency. If the registered owner, by appearance or by mail, makes payment to the processing agency or contests the violation within either 21 calendar days from the date of mailing of the citation, or 14 calendar days after the mailing of the notice of delinquent parking violation, the parking penalty shall consist solely of the amount of the original penalty. -(c) If, within 21 days after the notice of parking violation is issued, the local agency determines that, in the interest of justice, the notice of parking violation should be canceled, the local agency shall cancel the notice of parking violation pursuant to subdivision (a) of Section 40215. The reason for the cancellation shall be set forth in writing. -(d) Following an initial review by the local agency, and an administrative hearing, pursuant to Section 40215, a contestant may seek court review by filing an appeal pursuant to Section 40230. -(e) The City and County of San Francisco or the contracted law enforcement agency for the Alameda-Contra Costa Transit District may contract with a private vendor for the processing of notices of parking violations and notices of delinquent violations. The City and County of San Francisco and the Alameda-Contra Costa Transit District shall maintain overall control and supervision of the program. -SEC. 4. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to enforcing parking violations in the Alameda-Contra Costa Transit District. -SEC. 5. -The Legislature finds and declares that Section 1 of this act, which amends Section 40240 of the Vehicle Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -In order to protect the individual privacy rights of those individuals depicted in video camera footage relating to parking violations, it is necessary that this act limit the public’s right of access to the images captured by an automated parking control device installed on Alameda-Contra Costa Transit District-owned public transit vehicles.","Existing law authorizes the City and County of San Francisco (San Francisco) to enforce parking violations in specified transit-only traffic lanes through the use of video imaging, and authorizes San Francisco to install automated forward facing parking control devices on city-owned public transit vehicles for the purpose of video imaging parking violations occurring in transit-only traffic lanes. Existing law requires a designated employee, who is qualified by San Francisco, to review video image recordings for the purpose of determining whether a parking violation occurred in a transit-only traffic lane, and to issue a notice of parking violation to a registered owner of a vehicle within 15 calendar days of the date of the violation. Existing laws makes these video image records confidential, and provides that these records are available only to public agencies to enforce parking violations. Existing law establishes the Alameda-Contra Costa Transit District. -This bill would extend the provisions to the Alameda-Contra Costa Transit District, thereby authorizing the district to enforce parking violations in specified transit-only traffic lanes through the use of video imaging evidence and to install automated forward facing parking control devices on district-owned public transit vehicles. The bill would repeal the authority for the Alameda-Contra Costa Transit District to implement an automated enforcement system to enforce parking violations occurring in transit-only traffic lanes on January 1, 2022. -This bill would require, under designated circumstances, the district and the City and County of San Francisco to submit to the transportation, privacy, and judiciary committees of the Legislature evaluations of the automated enforcement system’s effectiveness, impact on privacy, cost to implement, and generation of revenue, no later than January 1, 2021. -This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco and the Alameda-Contra Costa Transit District. -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to amend Sections 40240 and 40241 of, and to add Section 40240.5 to, the Vehicle Code, relating to vehicles." -286,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12927 of the Government Code is amended to read: -12927. -As used in this part in connection with housing accommodations, unless a different meaning clearly appears from the context: -(a) “Affirmative actions” means any activity for the purpose of eliminating discrimination in housing accommodations because of race, color, religion, sex, marital status, national origin, ancestry, familial status, or disability. -(b) “Conciliation council” means a nonprofit organization, or a city or county human relations commission, which provides education, factfinding, and mediation or conciliation services in resolution of complaints of housing discrimination. -(c) (1) “Discrimination” includes refusal to sell, rent, or lease housing accommodations; includes refusal to negotiate for the sale, rental, or lease of housing accommodations; includes representation that a housing accommodation is not available for inspection, sale, or rental when that housing accommodation is in fact so available; includes any other denial or withholding of housing accommodations; includes provision of inferior terms, conditions, privileges, facilities, or services in connection with those housing accommodations; includes harassment in connection with those housing accommodations; includes the cancellation or termination of a sale or rental agreement; includes the provision of segregated or separated housing accommodations; includes the refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the disabled person, if the modifications may be necessary to afford the disabled person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so condition permission for a modification on the renter’s agreeing to restore the interior of the premises to the condition that existed before the modification (other than for reasonable wear and tear), and includes refusal to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling. -(2) “Discrimination” does not include either of the following: -(A) Refusal to rent or lease a portion of an owner-occupied single-family house to a person as a roomer or boarder living within the household, provided that no more than one roomer or boarder is to live within the household, and the owner complies with subdivision (c) of Section 12955, which prohibits discriminatory notices, statements, and advertisements. -(B) Where the sharing of living areas in a single dwelling unit is involved, the use of words stating or tending to imply that the housing being advertised is available only to persons of one sex. -(d) “Housing accommodation” means any building, structure, or portion thereof that is occupied as, or intended for occupancy as, a residence by one or more families and any vacant land that is offered for sale or lease for the construction thereon of any building, structure, or portion thereof intended to be so occupied. -(e) “Owner” includes the lessee, sublessee, assignee, managing agent, real estate broker or salesperson, or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations, and includes the state and any of its political subdivisions and any agency thereof. -(f) “Person” includes all individuals and entities that are described in Section 3602(d) of Title 42 of the United States Code, and in the definition of “owner” in subdivision (e) of this section, and all institutional third parties, including the Federal Home Loan Mortgage Corporation. -(g) “Aggrieved person” includes any person who claims to have been injured by a discriminatory housing practice or believes that the person will be injured by a discriminatory housing practice that is about to occur. -(h) “Real estate-related transactions” include any of the following: -(1) The making or purchasing of loans or providing other financial assistance that is for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or that is secured by residential real estate. -(2) The selling, brokering, or appraising of residential real property. -(3) The use of territorial underwriting requirements, for the purpose of requiring a borrower in a specific geographic area to obtain earthquake insurance, required by an institutional third party on a loan secured by residential real property. -(i) “Source of income” means lawful, verifiable income paid directly to a tenant or paid to a representative of a -tenant. For the purposes of this definition, a landlord is not considered a representative of a tenant. -tenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance and federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f). -SECTION 1. -SEC. 2. -Section 12955 of the Government Code is amended to read: -12955. -It shall be unlawful: -(a) For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information of that person. -(b) For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, or genetic information of any person seeking to purchase, rent, or lease any housing accommodation. -(c) For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information or an intention to make that preference, limitation, or discrimination. -(d) For any person subject to the provisions of Section 51 of the Civil Code, as that section applies to housing accommodations, to discriminate against any person on the basis of sex, gender, gender identity, gender expression, sexual orientation, color, race, religion, ancestry, national origin, familial status, marital status, disability, genetic information, source of income, or on any other basis prohibited by that section. Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing. -(e) For any person, bank, mortgage company -, -or other financial institution that provides financial assistance for the purchase, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance. -(f) For any owner of housing accommodations to harass, evict, or otherwise discriminate against any person in the sale or rental of housing accommodations when the owner’s dominant purpose is retaliation against a person who has opposed practices unlawful under this section, informed law enforcement agencies of practices believed unlawful under this section, has testified or assisted in any proceeding under this part, or has aided or encouraged a person to exercise or enjoy the rights secured by this part. Nothing herein is intended to cause or permit the delay of an unlawful detainer action. -(g) For any person to aid, abet, incite, compel, or coerce the doing of any of the acts or practices declared unlawful in this section, or to attempt to do so. -(h) For any person, for profit, to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, source of income, familial status, or national origin. -(i) For any person or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, source of income, familial status, disability, or genetic information. -(j) To deny a person access to, or membership or participation in, a multiple listing service, real estate brokerage organization, or other service because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, familial status, source of income, or national origin. -(k) To otherwise make unavailable or deny a dwelling based on discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, or national origin. -(l) To discriminate through public or private land use practices, decisions, and authorizations because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable. -Discrimination under this subdivision also includes the existence of a restrictive covenant, regardless of whether accompanied by a statement that the restrictive covenant is repealed or void. -(m) As used in this section, “race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information,” includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. -(n) To use a financial or income standard in the rental of housing that fails to account for the aggregate income of persons residing together or proposing to reside together on the same basis as the aggregate income of married persons residing together or proposing to reside together. -(o) In instances where there is a government rent subsidy, to use a financial or income standard in assessing eligibility for the rental of housing that is not based on the portion of the rent to be paid by the tenant. -(p) (1) For the purposes of this section, “source of income” means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance and federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f). -(2) For the purposes of this section, it shall not constitute discrimination based on source of income to make a written or oral inquiry concerning the level or source of income. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law generally prohibits housing discrimination with respect to various personal characteristics including source of income. Existing law defines “source of income” for these purposes as lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant, which does not include a landlord. -This bill would amend the definition of “source of income” to also include specified federal, state, or local housing assistance or subsidies paid either to the tenant or directly to the landlord on behalf of the tenant. -Existing law permits a person who holds an ownership interest of record in property that he or she believes is the subject of an unlawfully restrictive covenant based on, among other things, source of income, to record a Restrictive Covenant Modification, which is to include a copy of the original document with the illegal language stricken. Before recording the modification document, existing law requires the county recorder to submit the modification document and the original document to the county counsel who is required to determine whether the original document contains an unlawful restriction. -This bill, by revising the definition of source of income, would increase the requirements on a county counsel to determine if there exists an unlawfully restrictive covenant based on source of income, as described above. By creating new duties for county counsels, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend -Section -Sections 12927 and -12955 of the Government Code, relating to housing discrimination." -287,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 52.8 is added to the Civil Code, to read: -52.8. -(a) (1) A person who is injured by an act of terrorism may bring an action to recover damages against the following persons and entities: -(A) A person or entity who committed the act of terrorism. -(B) A person or entity who aided the person or entity to commit the act of terrorism. -(C) A person or entity who coerced, induced, or solicited the person or entity to commit the act of terrorism. -(2) The amount awarded may be up to three times the damages actually incurred, but in no event less than ten thousand dollars ($10,000). If the plaintiff prevails, the plaintiff shall be awarded reasonable attorney’s fees and costs of investigation and litigation. -(3) All persons or entities who commit an act of terrorism, aid the person or entity to commit the act of terrorism, or coerce, induce, or solicit the person or entity to committed the act of terrorism, shall be jointly and severally liable for all damages, attorney’s fees, and costs of investigation and litigation. -(4) Notwithstanding any law, a civil action or proceeding under this section may be commenced at any time within five years after the injury caused by the act of terrorism. If a criminal prosecution proceeds against a person or entity who committed an act of terrorism, aided the person or entity to commit the act of terrorism, or coerced, induced, or solicited the person or entity to commit the act of terrorism, the time for commencing suit shall be tolled during the pendency of that criminal prosecution. -(b) As used in this section, “terrorism” means the commission of any of the acts listed in this subdivision if the offender has the intent to intimidate or coerce the civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by intimidation or coercion. -(1) Killing of a human being, including unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8 of Part 1 of the Penal Code. -(2) Intentional infliction of great bodily injury upon a human being. -(3) Kidnapping, as defined in Section 207 of the Penal Code. -(4) Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13 of Part 1 of the Penal Code. -(5) Felony vandalism, as defined in paragraph (1) of subdivision (b) of Section 594 of the Penal Code. -(6) Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined in Section 245 of the Penal Code. -(7) Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8 of Part 1 of the Penal Code. -(8) Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Section 246 of the Penal Code. -(9) Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in subdivisions (a) and (b) of Section 26100 of the Penal Code. -(10) Rape, as defined in Section 261 of the Penal Code. -(11) Looting, as defined in Section 463 of the Penal Code. -(12) Aggravated mayhem, as defined in Section 205 of the Penal Code. -(13) Torture, as defined in Section 206 of the Penal Code. -(14) Carjacking, as defined in Section 215 of the Penal Code. -(15) Threats to commit crimes which would result in death or great bodily injury, as defined in Section 422 of the Penal Code. -(16) Using or directly employing against another person a weapon of mass destruction in a form that may cause widespread great bodily injury or death. -(17) Using a weapon of mass destruction in a form that may cause widespread damage to or disruption of the food supply or “source of drinking water” as defined in subdivision (d) of Section 25249.11 of the Health and Safety Code. -(18) Using a weapon of mass destruction in a form that may cause widespread and significant damage to public natural resources, including coastal waterways and beaches, public parkland, surface waters, groundwater, and wildlife. -(19) Using recombinant technology or any other biological advance to create new pathogens or more virulent forms of existing pathogens for use in any crime. -(20) Giving, mailing, sending, or causing to be sent any false or facsimile weapon of mass destruction to another person, or placing, causing to be placed, or possessing any false or facsimile weapon of mass destruction, with the intent to cause another person to fear for his or her own safety, or for the personal safety of others. -(21) Knowingly threatening to use a weapon of mass destruction. -(c) As used in this section, “aiding a person or entity to commit an act of terrorism” means raising, soliciting, collecting, or providing material support or resources with the intent that it will be used, in whole or in part, to plan, prepare, carry out, or aid in any act of terrorism, hindering the prosecution of terrorism, or the concealment of, or escape from, an act of terrorism. -(d) As used in this section, “hindering prosecution of terrorism” includes, but is not limited to, all of the following: -(1) Harboring or concealing a person who is known, or believed, by the offender to have committed an act of terrorism. -(2) Warning a person who is known, or believed, by the offender to have committed an act of terrorism of impending discovery or apprehension. -(3) Suppressing any physical evidence that might aid in the discovery or apprehension of a person who is known, or believed, by the offender to have committed an act of terrorism. -(e) As used in this section, “material support or resources” means currency or other financial assistance, financial services, instruments of value, lodging, training, safehouses, false documentation or identification, communication equipment, computer equipment, software, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except the provision of medical attention by a licensed health care provider or religious materials. -(f) As used in this section, “weapon of mass destruction” includes, but is not limited to, chemical warfare agents, weaponized biological or biologic warfare agents, restricted biological agents, nuclear agents, radiological agents, or the intentional release of industrial agents, as a weapon, or an aircraft, vessel, or vehicle as described in Section 34500 of the Vehicle Code, that is used as a destructive weapon.","Existing law provides that every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily harm, and from injury to his or her personal relations. Existing law authorizes the California Victim Compensation and Government Claims Board to compensate a victim of a crime from the Restitution Fund, a continuously appropriated fund, for pecuniary loss incurred as a direct result of the crime, when the board determines it will best aid the person seeking compensation. -This bill would authorize a person who is injured by an act of terrorism, as defined, to bring an action to recover damages against a person or entity who committed the act of terrorism, aided the person or entity to commit the act or terrorism, or coerced, induced, or solicited the person or entity to commit the act of terrorism. The bill would provide that the amount awarded may be up to 3 times the damages actually incurred, but in no event less than $10,000. The bill would permit a civil action or proceeding under this section to be commenced at any time within 5 years after the injury caused by the act of terrorism is suffered, as specified.","An act to add Section 52.8 to the Civil Code, relating to terrorism." -288,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 67100 of the Education Code is amended to read: -67100. -The Legislature finds and declares the following: -(a) Sections 21.4253 and 21.4254 of Title 38 of the Code of Federal Regulations require a postsecondary educational institution headquartered or operating in California desiring to enroll veterans or persons eligible for Title 38 awards in accredited and nonaccredited institutions and programs to make application for approval of these courses to the California State Approving Agency for Veterans Education, commonly known as CSAAVE, as the state approving agency legally designated pursuant to Section 3671 of Subchapter I of Chapter 36 of Title 38 of the United States Code. -(b) Sections 21.4253 and 21.4254 authorize CSAAVE to approve the application of the accredited and nonaccredited institutions when the school and its accredited and nonaccredited courses satisfy the criteria provided in Sections 21.4253 and 21.4254 and additional reasonable criteria established by CSAAVE. -(c) It is reasonable pursuant to Sections 21.4253 and 21.4254 for CSAAVE to require a postsecondary educational institution, public or private, to obtain accreditation for its degree programs, to comply with all federal and state laws and regulations, and to comply with any additional reasonable criteria established by CSAAVE. It is reasonable pursuant to Sections 21.4253 and 21.4254 for CSAAVE to require a private postsecondary institution to be issued an approval to operate from the Bureau for Private Postsecondary Education. -SEC. 2. -Section 67102 of the Education Code is amended to read: -67102. -As used in this chapter, the following terms have the following meanings: -(a) An “academic year” is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included. -(b) “CSAAVE” is the California State Approving Agency for Veterans Education. -(c) (1) “Qualifying institution” means a degree-granting institution that complies with paragraphs (2), (3), and (4), or a nondegree-granting institution that complies with paragraphs (2) and (4). -(2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the Internet Web site of a California licensing or regulatory agency. For purposes of this paragraph, “provide” may exclusively include placement of an Internet Web site address labeled as an access point for the data on the passage rates of recent program graduates on the Internet Web site where enrollment information is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students. -(B) The institution shall be responsible for certifying to CSAAVE compliance with the requirements of subparagraph (A). -(3) (A) A degree-granting institution shall provide evidence of accreditation of the institution and of all degree programs to CSAAVE. The accrediting agency shall be recognized by the United States Department of Education. An unaccredited degree-granting institution participating in the Title 38 award program on January 1, 2015, shall satisfy both of the following to remain eligible to receive Title 38 awards: -(i) The institution shall obtain and provide evidence to CSAAVE of its candidacy or preaccreditation status, with an accrediting agency recognized by the United States Department of Education, by January 1, 2016, for the institution to be eligible for Title 38 awards for the academic year of 2015–16 or 2016–17, or both. -(ii) The institution shall obtain and provide evidence to CSAAVE of accreditation from the accrediting agency with which it had candidacy or preaccreditation status by January 1, 2017, for the institution to be eligible for Title 38 awards for the academic year of 2017–18, and each academic year thereafter. -(B) If an unaccredited degree-granting institution participating in the Title 38 award program fails to satisfy the accreditation requirements provided in clause (i) of subparagraph (A), a veteran enrolled in a degree program offered by the institution prior to January 1, 2016, shall remain eligible for Title 38 awards through his or her completion of that degree program. If an unaccredited degree-granting institution participating in the Title 38 award program fails to satisfy the accreditation requirements provided in clause (ii) of subparagraph (A), a veteran enrolled in a degree program offered by the institution prior to January 1, 2017, shall remain eligible for Title 38 awards through his or her completion of that degree program. -(C) An unaccredited degree-granting institution that does not satisfy the accreditation requirements provided in clause (i) of subparagraph (A), shall not enroll any new Title 38 eligible students to any of its degree programs after January 1, 2016. An unaccredited degree granting institution that does not satisfy the accreditation requirements provided in clause (ii) of subparagraph (A), shall not enroll any new Title 38 students to any of its degree programs after January 1, 2017, without first providing these prospective students with the following written disclosure: - - -“If you choose to attend this institution, you will not be eligible to receive a Title 38 award because this institution did not satisfy one or more of the accreditation requirements to receive Title 38 awards.” - - -(D) An institution that obtains and provides evidence to CSAAVE of accreditation from the Committee of Bar Examiners pursuant to Sections 6046.7 and 6060.6 of the Business and Professions Code does not have to comply with subparagraphs (A), (B), and (C), if the institution complies with both of the following: -(i) (I) The institution provides disclosures to applicants of the school of the institution’s admissions data, tuition, fees, financial aid, conditional scholarships, refund policies, average class size of each required course, number of clinical offerings, number of full-time and part-time faculty, technically trained librarians, administrators, enrollment data, bar passage data, and employment outcomes for graduates. -(II) For purposes of this clause, CSAAVE may develop a standardized information report template or use a standardized information report template developed by the State Bar. -(III) For purposes of this clause, the following terms have the following meanings: -(ia) “Admissions data” means information from the most recently enrolled fall semester class including the total number of applications, the total number of accepted students, and the 75th, 50th, and 25th percentile scores for the undergraduate grade point averages and law school admission test scores of admitted students. -(ib) “Bar passage data” means the most current cumulative bar pass rates defined and reported by the examining committee of the State Bar. -(ic) “Conditional scholarship” means any financial aid award, the retention of which is dependent upon the student maintaining a minimum grade point average or class standing other than that ordinarily required to remain in good academic standing. -(id) “Employment outcomes for graduates” means the results of a survey by the law school, taken three years after graduation, that breaks down the employment rate of graduates in each of the first three years after graduation, including the rate of employment of graduates in jobs where a juris doctor degree is required by the employer and the rate of employment of graduates in jobs where a juris doctor degree is an advantage in employment. -(ie) “Enrollment data” means information about the number of students who are admitted to the school per class per year for the past three years, the number of students who transfer to and from the school per class per year for the past three years, and the number of students who do not continue to attend the school each year for the past three years on either a voluntary or involuntary basis. -(ii) The institution is in compliance with all applicable CSAAVE rules and regulations and is in good standing with the Committee of Bar Examiners. -(4) The institution shall be one of the following to be eligible for Title 38 awards: -(A) A campus of the California Community Colleges, the California State University, or the University of California. -(B) An independent institution of higher education, as defined in subdivision (b) of Section 66010. -(C) (i) For purposes of the 2015–16 award year, a private postsecondary educational institution, as defined in Section 94858. -(ii) For purposes of the 2016–17 award year, and every award year thereafter, a private postsecondary educational institution, as defined in Section 94858, that has an approval to operate from the Bureau for Private Postsecondary Education, is subject to the regulatory oversight and enforcement of student protections provided by the bureau, and has its approval to operate certified by CSAAVE. -(D) An institution described in subdivision (i) of Section 94874 that satisfies all of the requirements provided in Section 94947. -(E) An institution that is accredited by the Committee of Bar Examiners pursuant to Sections 6046.7 and 6060.7 of the Business and Professions Code.","Title 38 of the United States Code provides educational awards for eligible active duty members and veterans of the Armed Forces of the United States. Existing law requires an institution headquartered or operating in California desiring to enroll students eligible for federal Title 38 awards in accredited courses to make application for approval of these courses to the California State Approving Agency for Veterans Education, commonly known as CSAAVE, and authorizes CSAAVE to approve the application of the school when the school and its accredited courses satisfy the specified criteria and any additional reasonable criteria established by CSAAVE. -This bill would include as a qualifying institution for federal Title 38 awards, an institution that has been accredited by the Committee of Bar Examiners, if the institution complies with specified disclosure and compliance requirements.","An act to amend Sections 67100 and 67102 of the Education Code, relating to postsecondary education." -289,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1197.5 of the Labor Code is amended to read: -1197.5. -(a) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: -(1) The wage differential is based upon one or more of the following factors: -(A) A seniority system. -(B) A merit system. -(C) A system that measures earnings by quantity or quality of production. -(D) A bona fide factor other than sex, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. -(2) Each factor relied upon is applied reasonably. -(3) The one or more factors relied upon account for the entire wage differential. -(b) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: -(1) The wage differential is based upon one or more of the following factors: -(A) A seniority system. -(B) A merit system. -(C) A system that measures earnings by quantity or quality of production. -(D) A bona fide factor other than race or ethnicity, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a race- or ethnicity-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. -(2) Each factor relied upon is applied reasonably. -(3) The one or more factors relied upon account for the entire wage differential. -(c) Any employer who violates subdivision (a) or (b) is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. -(d) The Division of Labor Standards Enforcement shall administer and enforce this section. If the division finds that an employer has violated this section, it may supervise the payment of wages and interest found to be due and unpaid to employees under subdivision (a) or (b). Acceptance of payment in full made by an employer and approved by the division shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (h). -(e) Every employer shall maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All of the records shall be kept on file for a period of three years. -(f) Any employee may file a complaint with the division that the wages paid are less than the wages to which the employee is entitled under subdivision (a) or (b) or that the employer is in violation of subdivision (k). The complaint shall be investigated as provided in subdivision (b) of Section 98.7. The division shall keep confidential the name of any employee who submits to the division a complaint regarding an alleged violation of subdivision (a), (b), or (k) until the division establishes the validity of the complaint, unless the division must abridge confidentiality to investigate the complaint. The name of the complaining employee shall remain confidential if the complaint is withdrawn before the confidentiality is abridged by the division. The division shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to these employees. -(g) The department or division may commence and prosecute, unless otherwise requested by the employee or affected group of employees, a civil action on behalf of the employee and on behalf of a similarly affected group of employees to recover unpaid wages and liquidated damages under subdivision (a) or (b), and in addition shall be entitled to recover costs of suit. The consent of any employee to the bringing of any action shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (h) unless the action is dismissed without prejudice by the department or the division, except that the employee may intervene in the suit or may initiate independent action if the suit has not been determined within 180 days from the date of the filing of the complaint. -(h) An employee receiving less than the wage to which the employee is entitled under this section may recover in a civil action the balance of the wages, including interest thereon, and an equal amount as liquidated damages, together with the costs of the suit and reasonable attorney’s fees, notwithstanding any agreement to work for a lesser wage. -(i) A civil action to recover wages under subdivision (a) or (b) may be commenced no later than two years after the cause of action occurs, except that a cause of action arising out of a willful violation may be commenced no later than three years after the cause of action occurs. -(j) If an employee recovers amounts due the employee under subdivision (c), and also files a complaint or brings an action under subdivision (d) of Section 206 of Title 29 of the United States Code which results in an additional recovery under federal law for the same violation, the employee shall return to the employer the amounts recovered under subdivision (c), or the amounts recovered under federal law, whichever is less. -(k) (1) An employer shall not discharge, or in any manner discriminate or retaliate against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this section. An employer shall not prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise his or her rights under this section. Nothing in this section creates an obligation to disclose wages. -(2) Any employee who has been discharged, discriminated or retaliated against, in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in this section may recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief. -(3) A civil action brought under this subdivision may be commenced no later than one year after the cause of action occurs. -SEC. 1.5. -Section 1197.5 of the Labor Code is amended to read: -1197.5. -(a) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: -(1) The wage differential is based upon one or more of the following factors: -(A) A seniority system. -(B) A merit system. -(C) A system that measures earnings by quantity or quality of production. -(D) A bona fide factor other than sex, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. -(2) Each factor relied upon is applied reasonably. -(3) The one or more factors relied upon account for the entire wage differential. Prior salary shall not, by itself, justify any disparity in compensation. -(b) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: -(1) The wage differential is based upon one or more of the following factors: -(A) A seniority system. -(B) A merit system. -(C) A system that measures earnings by quantity or quality of production. -(D) A bona fide factor other than race or ethnicity, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a race- or ethnicity-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. -(2) Each factor relied upon is applied reasonably. -(3) The one or more factors relied upon account for the entire wage differential. Prior salary shall not, by itself, justify any disparity in compensation. -(c) Any employer who violates subdivision (a) or (b) is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. -(d) The Division of Labor Standards Enforcement shall administer and enforce this section. If the division finds that an employer has violated this section, it may supervise the payment of wages and interest found to be due and unpaid to employees under subdivision (a) or (b). Acceptance of payment in full made by an employer and approved by the division shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (h). -(e) Every employer shall maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All of the records shall be kept on file for a period of three years. -(f) Any employee may file a complaint with the division that the wages paid are less than the wages to which the employee is entitled under subdivision (a) or (b) or that the employer is in violation of subdivision (k). The complaint shall be investigated as provided in subdivision (b) of Section 98.7. The division shall keep confidential the name of any employee who submits to the division a complaint regarding an alleged violation of subdivision (a), (b), or (k) until the division establishes the validity of the complaint, unless the division must abridge confidentiality to investigate the complaint. The name of the complaining employee shall remain confidential if the complaint is withdrawn before the confidentiality is abridged by the division. The division shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to these employees. -(g) The department or division may commence and prosecute, unless otherwise requested by the employee or affected group of employees, a civil action on behalf of the employee and on behalf of a similarly affected group of employees to recover unpaid wages and liquidated damages under subdivision (a) or (b), and in addition shall be entitled to recover costs of suit. The consent of any employee to the bringing of any action shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (h) unless the action is dismissed without prejudice by the department or the division, except that the employee may intervene in the suit or may initiate independent action if the suit has not been determined within 180 days from the date of the filing of the complaint. -(h) An employee receiving less than the wage to which the employee is entitled under this section may recover in a civil action the balance of the wages, including interest thereon, and an equal amount as liquidated damages, together with the costs of the suit and reasonable attorney’s fees, notwithstanding any agreement to work for a lesser wage. -(i) A civil action to recover wages under subdivision (a) or (b) may be commenced no later than two years after the cause of action occurs, except that a cause of action arising out of a willful violation may be commenced no later than three years after the cause of action occurs. -(j) If an employee recovers amounts due the employee under subdivision (c), and also files a complaint or brings an action under subdivision (d) of Section 206 of Title 29 of the United States Code which results in an additional recovery under federal law for the same violation, the employee shall return to the employer the amounts recovered under subdivision (c), or the amounts recovered under federal law, whichever is less. -(k) (1) An employer shall not discharge, or in any manner discriminate or retaliate against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this section. An employer shall not prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise his or her rights under this section. Nothing in this section creates an obligation to disclose wages. -(2) Any employee who has been discharged, discriminated or retaliated against, in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in this section may recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief. -(3) A civil action brought under this subdivision may be commenced no later than one year after the cause of action occurs. -SEC. 2. -Section 1199.5 of the Labor Code is amended to read: -1199.5. -Every employer or other person acting either individually or as an officer, agent, or employee of another person is guilty of a misdemeanor and is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment for not more than six months, or by both, who willfully does any of the following: -(a) Pays or causes to be paid any employee a wage less than the rate paid to an employee of another sex, race, or ethnicity, as required by Section 1197.5. -(b) Reduces the wages of any employee in order to comply with Section 1197.5. -No person shall be imprisoned pursuant to this section except for an offense committed after the conviction of the person for a prior offense pursuant to this section. -SEC. 3. -Section 1.5 of this bill incorporates amendments to Section 1197.5 of the Labor Code proposed by both this bill and Assembly Bill 1676. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1197.5 of the Labor Code, and (3) this bill is enacted after Assembly Bill 1676, in which case Section 1 of this bill shall not become operative. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law prohibits an employer from paying any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, unless the employer demonstrates that specific, reasonably applied factors account for the entire wage differential. Existing law authorizes an employee paid lesser wages in violation of this prohibition to file a complaint with the Division of Labor Standards Enforcement, and authorizes the employee, the division, or the Department of Industrial Relations to commence a civil action for the wages the employee was deprived of because of the violation, interest on those wages, and liquidated damages. Under existing law, an employer or other person who violates or causes a violation of that prohibition, or who reduces the wages of any employee in order to comply with that prohibition, is guilty of a misdemeanor. -This bill would also prohibit an employer from paying any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work, as specified above. By expanding the scope of a crime, this bill would impose a state-mandated local program. -This bill would incorporate additional changes in Section 1197.5 of the Labor Code proposed by AB 1676 that would become operative only if AB 1676 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 1197.5 and 1199.5 of the Labor Code, relating to employment." -290,"The people of the State of California do enact as follows: - - -SECTION 1. -The heading of Chapter 4.3 (commencing with Section 18259) of Part 6 of Division 9 of the Welfare and Institutions Code is amended to read: -CHAPTER 4.3. Sexually Exploited Minors Program -SEC. 2. -Section 18259 of the Welfare and Institutions Code is amended to read: -18259. -(a) The County of Alameda, contingent upon local funding, may establish a project consistent with this chapter to develop a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors who have been arrested or detained by local law enforcement for a violation of subdivision (a) or (b) of Section 647 or subdivision (a) of Section 653.22 of the Penal Code, or who have been adjudged a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300. -(b) The District Attorney of the County of Alameda, in collaboration with the county child welfare agency, county probation, sheriff, and community-based agencies, may develop, as a component of the program described in this chapter, protocols for identifying and assessing minors, upon arrest or detention by law enforcement, who may be victims of commercial sexual exploitation. The protocol shall include the process for how to make a report to the county child welfare agency if there is reason to believe the minor is a person described in Section 300. The protocol shall also include the process for the child welfare agency to investigate the report pursuant to Section 328. -(c) The District Attorney of the County of Alameda, in collaboration with the county child welfare agency, county probation, sheriff, and community-based agencies that serve commercially sexually exploited minors, may develop, as a component of the program described in this chapter, a diversion program reflecting the best practices to address the needs and requirements of minors who have been determined to be victims of commercial sexual exploitation. -(d) The District Attorney of the County of Alameda, in collaboration with the county and community-based agencies, may form, as a component of the program described in this chapter, a multidisciplinary team including, but not limited to, city police departments, the county sheriff’s department, the public defender’s office, the probation department, child protection services, and community-based organizations that work with or advocate for commercially sexually exploited minors, to do both of the following: -(1) Develop a training curriculum reflecting the best practices for identifying and assessing minors who may be victims of commercial sexual exploitation. -(2) Offer and provide this training curriculum through multidisciplinary teams to law enforcement, child protective services, and others who are required to respond to arrested or detained minors who may be victims of commercial sexual exploitation. -SEC. 3. -Section 18259.1 of the Welfare and Institutions Code is repealed. -SEC. 4. -Section 18259.3 of the Welfare and Institutions Code is amended to read: -18259.3. -(a) For purposes of this chapter, “commercially sexually exploited minor” means a person under 18 years of age who is described by one or more of the following: -(1) Has been abused in the manner described in paragraph (2) of subdivision (c) of Section 11165.1 of the Penal Code, and who has been detained for a violation of the law or placed in civil protective custody on a safety hold based only on a violation of subdivision (a) or (b) of Section 647 of the Penal Code or subdivision (a) of Section 653.22 of the Penal Code. -(2) Has been adjudged a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300. -(3) Has been the victim of abduction, as described in Section 267 of the Penal Code. -(4) Meets the definition of a victim of a severe form of trafficking, as defined in Section 7105 of Title 22 of the United States Code. -(b) If a minor is arrested or detained for an alleged violation of subdivision (a) or (b) of Section 647 of the Penal Code or of subdivision (a) of Section 653.22 of the Penal Code, or if a minor is the subject of a petition to adjudge him or her a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300, he or she shall be presumed to be a commercially sexually exploited minor, as defined in subdivision (a). -SEC. 5. -Section 18259.5 of the Welfare and Institutions Code is repealed. -SEC. 6. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the County of Alameda. According to the Office of the Attorney General, there are currently nine regional human trafficking task forces. One of those task forces includes the County of Alameda, which makes it uniquely situated to implement a service model that would produce improved outcomes for youth victims of human trafficking by providing comprehensive intervention and rehabilitation services, as an alternative to traditional prosecution or incarceration, or both.","Existing law, until January 1, 2017, authorizes the Counties of Alameda and Los Angeles, respectively, to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified. -This bill would extend the operation of this program indefinitely in the County of Alameda. The bill would also expand the definition of a “commercially sexually exploited minor” to include, among others, a minor who has been adjudged a dependent of the juvenile court because he or she is a commercially sexually exploited child, and would create a presumption that, if a minor has been arrested for engaging in prostitution, or is the subject of a petition to adjudge him or her a dependent of the juvenile court because he or she is a commercially sexually exploited child, he or she is a commercially sexually exploited minor for the purposes of that definition. -This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Alameda.","An act to amend Sections 18259 and 18259.3 of, to amend the heading of Chapter 4.3 (commencing with Section 18259) of Part 6 of Division 9 of, and to repeal Sections 18259.1 and 18259.5 of, the Welfare and Institutions Code, relating to sexually exploited minors." -291,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares as follows: -(a) On December 4, 2015, Congress passed, and the President signed into law, the Fixing America’s Surface Transportation (FAST) Act (Public Law 114-94). -(b) The FAST Act provides long-term funding certainty for surface transportation and requires the National Highway Traffic Safety Administration (NHTSA) to award certain grants pursuant to rulemaking. -(c) The FAST Act includes grant programs for states that meet requirements associated with impaired driving interventions, including 24/7 Sobriety programs. These programs typically approach impaired driving deterrence by focusing on the most high-risk offenders, requiring abstinence from alcohol or illegal drugs, testing compliance multiple times per day, and swiftly delivering defined consequences for noncompliance. -(d) The FAST Act permits the NHTSA to award 24/7 Sobriety program grants to states that meet two separate requirements: -(1) That a state enact and enforce a law that requires all individuals convicted of driving under the influence of alcohol or of driving while intoxicated to receive at least a 30-day restriction on driving privileges. California currently meets this requirement. -(2) That a state provide a 24/7 Sobriety program with statewide applicability. A “24/7 Sobriety program” is a state law or program that authorizes a state court or an agency with jurisdiction to require an individual who has committed a driving-under-the-influence offense to abstain from alcohol or controlled substances for a period of time and be subject to testing for alcohol or controlled substances at least twice per day at a testing location, or by a continuous transdermal monitoring device, or by an alternative method approved by the NHTSA. California does not yet meet this requirement. -(e) Additional federal grant moneys are available to states under the NHTSA’s highway safety programs and national priority safety programs pursuant to Sections 402 and 405 of Title 23 of the United States Code. -(f) It is the intent of the Legislature in enacting this act to authorize a statewide 24/7 Sobriety program so that California is eligible for the new 24/7 FAST Act grant funding and additional funding available through the NHTSA. -SECTION 1. -SEC. 2. -Section 164.2 is added to the Streets and Highways Code, to read: -164.2. -Federal funds derived from apportionments made to the state under the Fixing America’s Surface Transportation Act (“FAST Act,” Public Law -114-094) -114-94) -shall be identified and included in the fund estimates prepared pursuant to Sections 14524 and 14525 of the Government Code for purposes of the interregional transportation improvement program prepared by the department pursuant to Section 14526 of the Government Code, the regional transportation improvement programs prepared by the regional transportation agencies pursuant to Section 14527 of the Government Code, and the state transportation improvement program adopted by the commission pursuant to Section 14529 of the Government Code. -SEC. 3. -Section 23582.5 is added to the Vehicle Code, to read: -23582.5. -(a) The court may order a person convicted of a violation of Section 23152 or 23153 to enroll and participate in, and successfully complete, a qualified 24/7 Sobriety program, as described in subdivision (d), as a condition of probation, parole, sentence, or work permit if the program is available and deemed appropriate, and the person committed the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction. -(b) The court may require a person who has been arrested for a violation of Section 23152 or 23153 to enroll and participate in, and successfully complete, a qualified 24/7 Sobriety program, as described in subdivision (d), as a condition of release on bond, if the program is available and deemed appropriate, and the person committed the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction. -(c) A person whose driving privilege has been suspended or revoked pursuant to Section 13352 or 13353 and who subsequently applies to the department for a restricted driving privilege shall be permitted to enroll and participate in, and successfully complete, a 24/7 Sobriety program as a condition of obtaining the restricted driving privilege if the program is available and deemed appropriate, and the person was charged with the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction. The restricted driving privilege granted under this subdivision shall be for a minimum of one year and may be conditioned on participation in the 24/7 Sobriety program as an alternative to, or in conjunction with, participation in an ignition interlock device program. -(d) For purposes of this section, a “24/7 Sobriety program” requires a participant to abstain from alcohol or controlled substance use for a designated period of time and be subject to at least twice-per-day breath testing for alcohol or periodic testing for controlled substances at a testing location. In the event of a hardship, testing for alcohol may be accomplished by a continuous transdermal monitoring device or by an alternative method approved by the National Highway Traffic Safety Administration. Methodologies that provide immediate, in-person positive reinforcement for compliant behavior and the most immediate sanctions for noncompliant events are preferred testing methodologies under this program. However, a participant’s ability to maintain employment, schooling, or family life, usually due to lack of proximity to a testing location, may be considered a hardship for the purposes of this subdivision. The 24/7 Sobriety program methodology shall be evidence-based. “Evidence-based” means the program methodology meets at least two of the following criteria: -(1) Evaluation research shows that the program produces the expected positive results. -(2) The results can be attributed to the program itself, rather than to other extraneous factors or events. -(3) The evaluation is peer reviewed by experts in the field. -(4) The program is endorsed by a federal agency or respected research organization and included in its list of effective programs. -(e) A person ordered into a 24/7 Sobriety program may also be required to participate in any other driving-under-the-influence program required under California law, including, but not limited to, programs provided in Section 11836 of the Health and Safety Code. -(f) Testing locations and methods that provide the best ability to sanction a violation as close in time as reasonably feasible to the occurrence of the violation should be given preference. -(g) In order to enable all required defendants to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. -(h) The court shall not impose a program of more than 180 days in length unless the defendant tests positive for alcohol or an unauthorized controlled substance or fails to appear for a test. -(i) The Office of Traffic Safety shall include a description of the provisions authorizing the 24/7 Sobriety program pursuant to this section in its highway safety plan required to be submitted to the NHTSA under subsection (k) of Section 402 of Title 23 of the United States Code, including any application requirements necessary to qualify for grants under Section 405 of Title 23 of the United States Code. -(j) The department shall establish statewide uniform collection and reporting of all of the following data: -(1) Participant demographic information. -(2) Participant case history information. -(3) Testing information, including testing duration, test results, and testing attendance. -(4) Fees and fee payments.","Existing law establishes the state transportation improvement program process, pursuant to which the California Transportation Commission programs, on a biennial basis, available state and federal funds for transportation capital improvement projects, other than state highway rehabilitation and repair projects, for the 5-year period of the state transportation improvement program, based on the interregional transportation improvement program prepared by the Department of Transportation and the regional transportation improvement programs prepared by regional transportation planning agencies. Existing law requires the Department of Transportation to submit to the California Transportation Commission an estimate of state and federal funds reasonably expected to be available for future programming over the 5-year period in each state transportation improvement program, and requires the California Transportation Commission to adopt a fund estimate in that regard. -This bill would require the fund estimates prepared by the department and the commission to identify and include federal funds derived from apportionments made to the state under the Fixing America’s Surface Transportation -(FAST) -Act of 2015. -Existing law prohibits a person who has 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle. Existing law also prohibits a person while having 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle and concurrently doing any act forbidden by law, or neglecting any duty imposed by law in driving the vehicle, when the act or neglect proximately causes bodily injury to a person other than the driver. A violation of either of these prohibitions is a crime. Existing law authorizes a court, in addition to imposing penalties and sanctions for those violations, to require the person to enroll and participate in, and successfully complete, a driving-under-the-influence program, which may include, among other things, education, group counseling, and individual interview sessions. -Existing law requires the Department of Motor Vehicles to immediately suspend a person’s privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law also requires the department to suspend or revoke the driving privilege of a person who refuses an officer’s request or fails to complete a chemical test or tests, as specified. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted driver’s license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the person’s vehicle. -This bill would authorize the court to order a person convicted of a crime described above to enroll and participate in, and successfully complete, a qualified “24/7 Sobriety program,” as defined, as a condition of probation, if the program is available and deemed appropriate, and the person committed the crime within 10 years of one or more separate crimes described above that resulted in a conviction. The bill also would authorize a court to order participation in a 24/7 Sobriety program as a condition of release on bond for a person who has been charged with a crime described above, as specified. The bill would permit a person whose driving privilege has been suspended or revoked for certain violations, and who subsequently applies to the department for a restricted driving privilege, to be permitted to participate in a 24/7 Sobriety program for a minimum of one year as a condition of obtaining the restricted driving privilege as an alternative to, or in conjunction with, participation in an ignition interlock device program. The bill would define a “24/7 Sobriety program,” in part, as requiring a person in the program to abstain from alcohol and unauthorized controlled substances and be subject to frequent testing for alcohol and controlled substances, as specified. The bill would require a person participating in the program to pay the program costs, commensurate with the person’s ability to pay, as specified. The bill would make related legislative findings and declarations and state the intent of the Legislature to enact these provisions for the purpose of making the state eligible to receive grant funding under the FAST Act and additional funding from the National Highway Traffic Safety Administration.","An act to add Section 164.2 to the Streets and Highways Code, -and to add Section 23582.5 to the Vehicle Code, -relating to -transportation. -highway safety." -292,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the Paul Lee School Bus Safety Law. -SEC. 2. -Section 39831.3 of the Education Code is amended to read: -39831.3. -(a) The county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity shall prepare a transportation safety plan containing procedures for school personnel to follow to ensure the safe transport of pupils. The plan shall be revised as required. The plan shall address all of the following: -(1) Determining if pupils require escort pursuant to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle Code. -(2) (A) Procedures for all pupils in prekindergarten, kindergarten, and grades 1 to 8, inclusive, to follow as they board and exit the appropriate schoolbus at each pupil’s schoolbus stop. -(B) Nothing in this paragraph requires a county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity, to use the services of an onboard schoolbus monitor, in addition to the driver, to carry out the purposes of this paragraph. -(3) Boarding and exiting a schoolbus at a school or other trip destination. -(4) Procedures to ensure that a pupil is not left unattended on a schoolbus, school pupil activity bus, or youth bus. -(5) Procedures and standards for designating an adult chaperone, other than the driver, to accompany pupils on a school pupil activity bus. -(b) A current copy of a plan prepared pursuant to subdivision (a) shall be retained by each school subject to the plan and made available upon request to an officer of the Department of the California Highway Patrol. -SEC. 3. -Section 39843 is added to the Education Code, to read: -39843. -(a) The county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity shall notify the Department of Motor Vehicles, in a form and manner that the Department of Motor Vehicles specifies, within five calendar days after the county office of education, the governing board of a school district, the charter school, the owner or operator of the private school, or, in situations where the transportation services are contracted out, the driver’s employer, has done both of the following: -(1) Ordered and upheld disciplinary action, after completion of disciplinary procedures conducted in compliance with rights granted by law or a collective bargaining agreement, against a driver of a schoolbus, school pupil activity bus, or youth bus who was found to have left the immediate vicinity of the vehicle to which the driver had been assigned with an unsupervised pupil onboard. -(2) Made a finding that the driver’s actions constituted gross negligence. -(b) For purposes of this section, escorting pupils pursuant to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle Code shall not be considered leaving the immediate vicinity of the vehicle. -(c) For purposes of this section, “gross negligence” means the want of even scant care or an extreme departure from the ordinary standard of conduct. -SEC. 4. -Section 39860 of the Education Code is amended to read: -39860. -(a) The governing board of a school district may contract for the transportation of pupils attending schools within the district to and from any exposition or fair, school activities, or other activities that the governing board of the school district determines to be for the benefit of the pupils, in this state, and may pay for the transportation out of any funds of the school district available for the purpose. -(b) The governing board of a school district shall require that any contract for the transportation of pupils under this section shall include the requirement that a pupil shall not be left unattended on a schoolbus, school pupil activity bus, or youth bus in accordance with paragraph (4) of subdivision (a) of Section 39831.3. -SEC. 5. -Section 40085 of the Education Code is amended to read: -40085. -Applicants seeking to renew a certificate to drive a schoolbus as defined in Section 545 of the Vehicle Code or a school pupil activity bus as defined in Section 546 of the Vehicle Code shall have successfully completed at least 10 hours of original or renewal classroom instruction, or behind-the-wheel or in-service training, during each 12 months of certificate validity. In-service training credit may be given by a state-certified driver instructor of the appropriate class to an applicant for attending or participating in appropriate driver training workshops, driver safety meetings, driver safety conferences, and other activities directly related to passenger safety and driver training. During the last 12 months of the special driver certificate validity, the 10 hours required shall consist of classroom instruction covering, but not limited to, current laws and regulations, defensive driving, accident prevention, emergency procedures, passenger loading and unloading, and the inspection procedures pursuant to paragraph (4) of subdivision (a) of Section 39831.3. Failure to successfully complete the required training during any 12-month period of certificate validity is cause for the Department of Motor Vehicles to cancel the bus driver certificate. All training required by Section 40089 may be accepted in lieu of the requirements of this section. -SEC. 6. -Section 13370 of the Vehicle Code is amended to read: -13370. -(a) The department shall refuse to issue or shall revoke a schoolbus, school pupil activity bus, general public paratransit vehicle, or youth bus driver certificate, or a certificate for a vehicle used for the transportation of developmentally disabled persons, if any of the following causes apply to the applicant or certificate holder: -(1) Has been convicted of a sex offense as defined in Section 44010 of the Education Code. -(2) Has been convicted, within two years, of an offense specified in Section 11361.5 of the Health and Safety Code. -(3) Has failed to meet prescribed training requirements for certificate issuance. -(4) Has failed to meet prescribed testing requirements for certificate issuance. -(5) Has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code, or a serious felony listed in subdivision (c) of Section 1192.7 of the Penal Code. This paragraph shall not be applied to revoke a license that was valid on January 1, 2005, unless the certificate holder is convicted for an offense that is committed on or after that date. -(b) The department may refuse to issue or renew, or may suspend or revoke a schoolbus, school pupil activity bus, general public paratransit vehicle, or youth bus driver certificate, or a certificate for a vehicle used for the transportation of developmentally disabled persons, if any of the following causes apply to the applicant or certificate holder: -(1) Has been convicted of a crime specified in Section 44424 of the Education Code within seven years. This paragraph does not apply if denial is mandatory. -(2) Has committed an act involving moral turpitude. -(3) Has been convicted of an offense, not specified in this section and other than a sex offense, that is punishable as a felony, within seven years. -(4) Has been dismissed as a driver for a cause relating to pupil transportation safety. -(5) Has been convicted, within seven years, of an offense relating to the use, sale, possession, or transportation of narcotics, habit-forming drugs, or dangerous drugs, except as provided in paragraph (3) of subdivision (a). -(6) Has been reported to the Department of Motor Vehicles, pursuant to Section 39843 of the Education Code, for leaving a pupil unattended on a schoolbus, school pupil activity bus, or youth bus. -(c) (1) Reapplication following refusal or revocation under paragraph (1), (2), or (3) of subdivision (a) or any paragraph of subdivision (b) may be made after a period of not less than one year after the effective date of refusal or revocation. -(2) Reapplication following refusal or revocation under paragraph (4) of subdivision (a) may be made after a period of not less than 45 days after the date of the applicant’s third testing failure. -(3) An applicant or holder of a certificate may reapply for a certificate whenever a felony or misdemeanor conviction is reversed or dismissed. A termination of probation and dismissal of charges pursuant to Section 1203.4 of the Penal Code or a dismissal of charges pursuant to Section 1203.4a of the Penal Code is not a dismissal for purposes of this section. -(4) A former applicant or holder of a certificate whose certificate was revoked pursuant to paragraph (6) of subdivision (b) may reapply for a certificate if the certificate revocation is reversed or dismissed by the department. -SEC. 7. -Article 18 (commencing with Section 28160) is added to Chapter 5 of Division 12 of the Vehicle Code, to read: -Article 18. Child Safety Alert System -28160. -(a) On or before January 1, 2018, the department shall adopt regulations governing the specifications, installation, and use of child safety alert systems. -(b) (1) On or before the beginning of the 2018–19 school year, each schoolbus, school pupil activity bus, except as provided in paragraph (2), youth bus, and child care motor vehicle shall be equipped with an operational child safety alert system. -(2) A school pupil activity bus is not required to be equipped with an operational child safety alert system if all of the following apply: -(A) The school pupil activity bus is not used exclusively to transport pupils. -(B) When the school pupil activity bus is used to transport pupils, the pupils are accompanied by at least one adult chaperone selected by a school official. If an adult chaperone is not a school employee, the chaperone shall meet the requirements for a school volunteer established by the policies of the school district, county office of education, charter school, or private school. -(C) One adult chaperone has a list of every pupil and adult chaperone, including a school employee, who is on the school pupil activity bus at the time of departure. -(D) The driver has reviewed all safety and emergency procedures before the initial departure and the driver and adult chaperone have signed a form with the time and date acknowledging that the safety plan and procedures were reviewed. -(E) Immediately before departure from any location, the adult chaperone shall account for each pupil on the list of pupils, verify the number of pupils to the driver, and sign a form indicating that all pupils are present or accounted for. -(F) After pupils have exited a school pupil activity bus, and before driving away, the driver shall check all areas of the bus, including, but not limited to, overhead compartments and bathrooms, to ensure that the bus is vacant. -(G) The driver shall sign a form with the time and date verifying that all required procedures have been followed. -(H) The information required to be recorded pursuant to subparagraphs (D), (E), and (G) may be recorded on a single form. These forms shall be retained by the school district, county office of education, charter school, or private school for a minimum of two years. -(c) A “child safety alert system” is a device located at the interior rear of a vehicle that requires the driver to either manually contact or scan the device before exiting the vehicle, thereby prompting the driver to inspect the entirety of the interior of the vehicle before exiting. -(d) For purposes of this section, the following definitions apply: -(1) “Child care motor vehicle” means a vehicle designed, used, or maintained for more than eight persons, including the driver, that is used by a child care provider to transport children. -(2) “Child care provider” has the same meaning as provided for “day care center” in Section 1596.76 of the Health and Safety Code. -SEC. 8. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires the county superintendent of schools, the superintendent of a school district, or the owner or operator of a private school that provides transportation to or from a school or school activity to prepare a transportation safety plan containing procedures for school personnel to follow to ensure the safe transport of pupils, as prescribed. -This bill would require that plan to include procedures to ensure that a pupil is not left unattended on a schoolbus, school pupil activity bus, or youth bus, and procedures and standards for designating an adult chaperone, other than the driver, to accompany pupils on a school pupil activity bus. The bill would additionally require a charter school to prepare this plan. -Existing law authorizes the governing board of a school district to contract for the transportation of pupils attending schools within the district, as specified. -This bill would require the governing board of a school district to require that any contract for the transportation of pupils includes the requirement that a pupil shall not be left unattended on a schoolbus, school pupil activity bus, or youth bus, as provided. -Existing law requires applicants seeking to renew a certificate to drive a schoolbus or a school pupil activity bus to complete classroom instruction and training, as specified. -This bill would require that classroom instruction to also cover the inspection procedures to ensure pupils are not left unattended on a schoolbus or school pupil activity bus. -Existing law authorizes the Department of Motor Vehicles to refuse to issue or renew, and to revoke or suspend, a schoolbus, school pupil activity bus, or youth bus driver certificate under certain, listed conditions. -This bill would require certain school officials to notify the department when a driver of such a bus has left a pupil unattended onboard after a specified school entity or the driver’s employer has ordered and upheld disciplinary action against the driver for the driver’s actions and has made a finding that the driver’s actions constituted gross negligence, as defined. The bill would authorize the department to refuse to issue or renew, and to revoke or suspend, a bus driver certificate on these grounds. The bill would permit a former applicant or holder of a certificate whose certificate was revoked pursuant to these provisions to reapply for a certificate if the certificate revocation is reversed or dismissed by the department. -Existing law requires all schoolbuses to be equipped with certain safety features, as specified. -This bill would require, on or before the beginning of the 2018–19 school year, schoolbuses, school pupil activity buses, except as provided, youth buses, and child care motor vehicles to be equipped with a “child safety alert system,” which is a device located at the interior rear of a vehicle that requires the driver to either manually contact or scan the device before exiting the vehicle, thereby prompting the driver to inspect the entirety of the interior of the vehicle before exiting. -Because a violation of the above requirement would be a Vehicle Code infraction, the bill would impose a state-mandated local program by creating new crimes. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 39831.3, 39860, and 40085 of, and to add Section 39843 to, the Education Code, and to amend Section 13370 of, and to add Article 18 (commencing with Section 28160) to Chapter 5 of Division 12 of, the Vehicle Code, relating to schoolbus safety." -293,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17052 of the Revenue and Taxation Code is amended to read: -17052. -(a) (1) For each taxable year beginning on or after January 1, 2015, there shall be allowed against the “net tax,” as defined by Section 17039, an earned income tax credit in an amount equal to an amount determined in accordance with Section 32 of the Internal Revenue Code, relating to earned income, as applicable for federal income tax purposes for the taxable year, except as otherwise provided in this section. -(2) (A) The amount of the credit determined under Section 32 of the Internal Revenue Code, relating to earned income, as modified by this section, shall be multiplied by the earned income tax credit adjustment factor for the taxable year. -(B) Unless otherwise specified in the annual Budget Act, the earned income tax credit adjustment factor for a taxable year beginning on or after January 1, 2015, shall be 0 percent. -(C) The earned income tax credit authorized by this section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the credit. -(b) (1) In lieu of the table prescribed in Section 32(b)(1) of the Internal Revenue Code, relating to percentages, the credit percentage and the phaseout percentage shall be determined as follows: -In the case of an eligible individual with: -The credit percentage is: -The phaseout percentage is: -No qualifying children -7.65% -7.65% -1 qualifying child -34% -34% -2 qualifying children -40% -40% -3 or more qualifying children -45% -45% -(2) (A) In lieu of the table prescribed in Section 32(b)(2)(A) of the Internal Revenue Code, the earned income amount and the phaseout amount shall be determined as follows: -In the case of an eligible individual with: -The earned income amount is: -The phaseout amount is: -No qualifying children -$3,290 -$3,290 -1 qualifying child -$4,940 -$4,940 -2 or more qualifying children -$6,935 -$6,935 -(B) Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply. -(c) (1) Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting “this state” for “the United States.” -(2) Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows: -(A) Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting “plus” and inserting in lieu thereof the following: “and only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.” -(B) Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall not apply. -(3) Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting “this state” for “the United States.” -(d) Section 32(i)(1) of the Internal Revenue Code is modified by substituting “$3,400” for “$2,200.” -(e) In lieu of Section 32(j) of the Internal Revenue Code, relating to inflation adjustments, for taxable years beginning on or after January 1, 2016, the amounts specified in paragraph (2) of subdivision (b) and in subdivision (d) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041. -(f) If the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. -(g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. -(h) Notwithstanding any other law, amounts refunded pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits. -(i) (1) For the purpose of implementing the credit allowed by this section for the 2015 taxable year, the Franchise Tax Board shall be exempt from the following: -(A) Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2. -(B) Special Project Report requirements under Statewide Information Management Manual Section 30. -(C) Section 11.00 of the 2015 Budget Act. -(D) Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code. -(2) The Franchise Tax Board shall formally incorporate the scope, costs, and schedule changes associated with the implementation of the credit allowed by this section in its next anticipated Special Project Report for its Enterprise Data to Revenue Project. -(j) (1) In accordance with Section 41 of the Revenue and Taxation Code, the purpose of the California Earned Income Tax Credit is to reduce poverty among California’s poorest working families and individuals. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following: -(A) The number of tax returns claiming the credit. -(B) The number of individuals represented on tax returns claiming the credit. -(C) The average credit amount on tax returns claiming the credit. -(D) The distribution of credits by number of dependents and income ranges. The income ranges shall encompass the phase-in and phaseout ranges of the credit. -(E) Using data from tax returns claiming the credit, including an estimate of the federal tax credit determined under Section 32 of the Internal Revenue Code, an estimate of the number of families who are lifted out of deep poverty by the credit and an estimate of the number of families who are lifted out of deep poverty by the combination of the credit and the federal tax credit. For the purposes of this subdivision, a family is in “deep poverty” if the income of the family is less than 50 percent of the federal poverty threshold. -(2) The Franchise Tax Board shall provide the written report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly Committee on Revenue and Taxation, and the Senate and Assembly Committees on Human Services. -(k) The tax credit allowed by this section shall be known as the California Earned Income Tax Credit. -(l) The amendments made to this section by the act adding this subdivision shall apply to taxable years beginning on or after January 1, 2016.","The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income from specified sources and who meet certain other requirements. -The Personal Income Tax Law, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, allows an earned income credit against personal income tax, and a payment from the Tax Relief and Refund Account for an allowable credit in excess of tax liability, to an eligible individual in an amount determined in accordance with federal law as applicable for federal income tax purposes for the taxable year, multiplied by the earned income tax credit adjustment factor, as specified. Existing law creates the Tax Relief and Refund Account, which is continuously appropriated, and provides that required payments to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including amounts allowable as an earned income credit in excess of any tax liability. The Personal Income Tax Law provides that the amount of the credit is calculated as a percentage of the eligible individual’s earned income and is phased out above a specified amount as income increases. Under existing law, the credit percentage and the phaseout percentage is based on the number of qualifying children of the eligible individual. Existing law provides, in modified conformity with federal income tax law, in the case of an eligible individual with 3 or more qualifying children, for taxable years beginning before January 1, 2016, the credit percentage and phaseout percentage is 45%, and for taxable years beginning on or after January 1, 2016, the credit percentage and phaseout percentage is the same as for an eligible individual with 2 or more children, which is 40%. -This bill, for taxable years beginning on and after January 1, 2016, would instead provide that, in the case of an eligible individual with 3 or more qualifying children, the credit percentage and phaseout percentage is 45%, thereby increasing the credit percentage and the phaseout percentage for those eligible individuals for taxable years beginning on and after January 1, 2016. -By increasing the allowable credit amount, this bill would authorize new payments from the Tax Relief and Refund Account for additional amounts in excess of personal income tax liabilities, thereby making an appropriation.","An act to amend Section 17052 of the Revenue and Taxation Code, relating to taxation, and making an appropriation therefor." -294,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1253.7 is added to the Health and Safety Code, to read: -1253.7. -(a) For purposes of this chapter, “observation services” means outpatient services provided by a general acute care hospital and that have been ordered by a provider, to those patients who have unstable or uncertain conditions potentially serious enough to warrant close observation, but not so serious as to warrant inpatient admission to the hospital. Observation services may include the use of a bed, monitoring by nursing and other staff, and any other services that are reasonable and necessary to safely evaluate a patient’s condition or determine the need for a possible inpatient admission to the hospital. -(b) When a patient in an inpatient unit of a hospital or in an observation unit, as defined in subdivision (c), is receiving observation services, or following a change in a patient’s status from inpatient to observation, the patient shall receive written notice, as soon as practicable, that he or she is on observation status. The notice shall state that while on observation status, the patient’s care is being provided on an outpatient basis, which may affect his or her health care coverage reimbursement. -(c) For purposes of this chapter, “observation unit” means an area in which observation services are provided in a setting outside of any inpatient unit and that is not part of an emergency department of a general acute care hospital. A hospital may establish one or more observation units that shall be marked with signage identifying the observation unit area as an outpatient area. The signage shall use the term “outpatient” in the title of the designated area to indicate clearly to all patients and family members that the observation services provided in the center are not inpatient services. Identifying an observation unit by a name or term other than that used in this subdivision does not exempt the general acute care hospital from compliance with the requirements of this section. -(d) Notwithstanding subdivisions (d) and (e) of Section 1275, an observation unit shall comply with the same licensed nurse-to-patient ratios as supplemental emergency services. This subdivision is not intended to alter or amend the effect of any regulation adopted pursuant to Section 1276.4 as of the effective date of the act that added this subdivision. -SEC. 2. -Section 128765 of the Health and Safety Code is amended to read: -128765. -(a) The office shall maintain a file of all the reports filed under this chapter at its Sacramento office. Subject to any rules the office may prescribe, these reports shall be produced and made available for inspection upon the demand of any person, and shall also be posted on its Internet Web site, with the exception of discharge and encounter data that shall be available for public inspection unless the office determines, pursuant to applicable law, that an individual patient’s rights of confidentiality would be violated. -(b) The reports published pursuant to Section 128745 shall include an executive summary, written in plain English to the maximum extent practicable, that shall include, but not be limited to, a discussion of findings, conclusions, and trends concerning the overall quality of medical outcomes, including a comparison to reports from prior years, for the procedure or condition studied by the report. The office shall disseminate the reports as widely as practical to interested parties, including, but not limited to, hospitals, providers, the media, purchasers of health care, consumer or patient advocacy groups, and individual consumers. The reports shall be posted on the office’s Internet Web site. -(c) Copies certified by the office as being true and correct copies of reports properly filed with the office pursuant to this chapter, together with summaries, compilations, or supplementary reports prepared by the office, shall be introduced as evidence, where relevant, at any hearing, investigation, or other proceeding held, made, or taken by any state, county, or local governmental agency, board, or commission that participates as a purchaser of health facility services pursuant to the provisions of a publicly financed state or federal health care program. Each of these state, county, or local governmental agencies, boards, and commissions shall weigh and consider the reports made available to it pursuant to this subdivision in its formulation and implementation of policies, regulations, or procedures regarding reimbursement methods and rates in the administration of these publicly financed programs. -(d) The office shall compile and publish summaries of individual facility and aggregate data that do not contain patient-specific information for the purpose of public disclosure. Upon request, these shall include summaries of observation services data, in a format prescribed by the office. The summaries shall be posted on the office’s Internet Web site. The office may initiate and conduct studies as it determines will advance the purposes of this chapter. -(e) In order to ensure that accurate and timely data are available to the public in useful formats, the office shall establish a public liaison function. The public liaison shall provide technical assistance to the general public on the uses and applications of individual and aggregate health facility data and shall provide the director with an annual report on changes that can be made to improve the public’s access to data. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensing and regulation of health facilities, including, but not limited to, general acute care hospitals. A violation of these provisions is a crime. -Existing law authorizes the department to issue a special permit authorizing a health facility to offer one or more special services when specified requirements are met. Existing law requires general acute care hospitals to apply for supplemental services approval and requires the department, upon issuance and renewal of a license for certain health facilities, to separately identify on the license each supplemental service. -This bill would require a general acute care hospital that provides observation services, as defined, to comply with the same licensed nurse-to-patient ratios as supplemental emergency services, as specified. The bill would require that a patient receiving observation services receive written notice, as prescribed, that his or her care is being provided on an outpatient basis, which may affect the patient’s health coverage reimbursement. The bill would require observation units to be identified with specified signage, and would clarify that a general acute care hospital providing services described in the bill would not be exempt from these requirements because the hospital identifies those services by a name or term other than that used in the bill. Because a violation of these provisions by a health facility would be a crime, the bill would impose a state-mandated local program. -(2) Existing law, the Health Data and Advisory Council Consolidation Act, requires every organization that operates, conducts, or maintains a health facility to make and file with the Office of Statewide Health Planning and Development (OSHPD) specified reports containing various financial and patient data. Existing law requires OSHPD to maintain a file of those reports in its Sacramento office and to compile and publish summaries of individual facility and aggregate data that do not contain patient-specific information for the purpose of public disclosure. -This bill would require OSHPD to include summaries of observation services data, upon request, in the data summaries maintained by OSHPD under the act. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 128765 of, and to add Section 1253.7 to, the Health and Safety Code, relating to health care." -295,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1281.65 is added to the Code of Civil Procedure, to read: -1281.65. -(a) From the time of appointment until the conclusion of the arbitration, an arbitrator shall not entertain or accept either of the following: -(1) Any offers of employment or new professional relationships as a lawyer, expert witness, or consultant from a party or lawyer for a party in the pending arbitration. -(2) In a consumer arbitration case, any offers of employment as a dispute resolution neutral in another case involving a party or lawyer for a party in the pending arbitration unless all parties to the pending arbitration, including the lawyers in the arbitration, have conferred and agreed in writing, before any solicitation of the arbitrator, to allow offers of future employment as a dispute resolution neutral to be made to the arbitrator. -(b) This section does not apply to an arbitration conducted or administered by a self-regulatory organization, as defined by the federal Securities Exchange Act of 1934 (15 U.S.C. Sec. 78a) or regulations adopted under that act. This section also does not apply to an arbitration conducted pursuant to the terms of a public or private sector collective bargaining agreement. -(c) For purposes of this section, “lawyer for a party” has the same definition as that term is defined in Section 1281.9. -SEC. 2. -Section 1281.9 of the Code of Civil Procedure is amended to read: -1281.9. -(a) In any arbitration pursuant to an arbitration agreement, when a person is to serve as a neutral arbitrator, the proposed neutral arbitrator shall disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartial, including all of the following: -(1) The existence of any ground specified in Section 170.1 for disqualification of a judge. For purposes of paragraph (8) of subdivision (a) of Section 170.1, the proposed neutral arbitrator shall disclose whether or not he or she has a current arrangement concerning prospective employment or other compensated service as a dispute resolution neutral or is participating in, or, within the last two years, has participated in, discussions regarding such prospective employment or service with a party to the proceeding. -(2) Any matters required to be disclosed by the ethics standards for neutral arbitrators adopted by the Judicial Council pursuant to this chapter. -(3) The names of the parties to all prior or pending noncollective bargaining cases in which the proposed neutral arbitrator served or is serving as a party arbitrator for a party to the arbitration proceeding or for a lawyer for a party and the results of each case arbitrated to conclusion, including the date of the arbitration award, identification of the prevailing party, the names of the parties’ attorneys, and the amount of monetary damages awarded, if any. In order to preserve confidentiality, it shall be sufficient to give the name of any party who is not a party to the pending arbitration as “claimant” or “respondent” if the party is an individual and not a business or corporate entity. -(4) The names of the parties to all prior or pending noncollective bargaining cases involving a party to the arbitration or lawyer for a party for which the proposed neutral arbitrator served or is serving as neutral arbitrator, and the results of each case arbitrated to conclusion, including the date of the arbitration award, identification of the prevailing party, the names of the parties’ attorneys and the amount of monetary damages awarded, if any. In order to preserve confidentiality, it shall be sufficient to give the name of any party not a party to the pending arbitration as “claimant” or “respondent” if the party is an individual and not a business or corporate entity. -(5) Any attorney-client relationship the proposed neutral arbitrator has or had with a party or lawyer for a party to the arbitration proceeding. -(6) Any professional or significant personal relationship the proposed neutral arbitrator or his or her spouse or minor child living in the household has or has had with a party to the arbitration proceeding or lawyer for a party. -(7) (A) For a consumer arbitration case, any solicitation made within the last two years by, or at the direction of, the private arbitration company to a party or lawyer for a party to the consumer arbitration. During the pendency of the consumer arbitration, no solicitation shall be made of a party to the arbitration or of a lawyer for a party to the arbitration. Any solicitation made before January 1, 2017, is not required to be disclosed pursuant to this paragraph. -(B) This paragraph does not apply to an arbitration conducted or administered by a self-regulatory organization, as defined by the federal Securities Exchange Act of 1934 (15 U.S.C. Sec. 78a) or regulations adopted under that act. -(C) (i) For purposes of this paragraph, “solicitation” includes either of the following: -(I) Private presentations made to a party or lawyer for a party by the private arbitration company or the arbitrator. -(II) Oral or written discussions, meetings, or negotiations to designate the private arbitration company or the arbitrator as the arbitration provider or arbitrator for a party in specific contracts. -(ii) For purposes of this paragraph, “solicitation” does not include any of the following: -(I) Advertising directed to the general public. -(II) Communications indicating a general willingness to serve as an arbitrator or private arbitration company. For purposes of this subclause, “communications” include, but are not limited to, standard educational materials about alternative dispute resolution or the provider organization. -(III) Presentations made by the private arbitration company or the arbitrator at a program or seminar held open to the public. -(IV) Responding to inquiries regarding the arbitration provider’s costs, rules, procedures, or standards. -(b) Subject only to the disclosure requirements of law, the proposed neutral arbitrator shall disclose all matters required to be disclosed pursuant to this section to all parties in writing within 10 calendar days of service of notice of the proposed nomination or appointment. -(c) For purposes of this section, “lawyer for a party” includes any lawyer or law firm currently associated in the practice of law with the lawyer hired to represent a party. -(d) For purposes of this section, “prior cases” means noncollective bargaining cases in which an arbitration award was rendered within five years before the date of the proposed nomination or appointment. -(e) For purposes of this section, “any arbitration” does not include an arbitration conducted pursuant to the terms of a public or private sector collective bargaining agreement. -SEC. 3. -The provisions of this bill are severable. If any provision of this bill or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law governs arbitration in civil proceedings. Under existing law, a neutral arbitrator is defined as one who is selected jointly by the parties or by the parties’ arbitrators, or is appointed by the court if the parties or their arbitrators cannot jointly select an arbitrator. Existing law requires a person selected to serve as a neutral arbitrator to disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt as to the proposed neutral arbitrator’s impartiality. Existing law requires the disclosure to include, among other things, whether or not the proposed neutral arbitrator has a current arrangement concerning prospective employment or other compensated service as a dispute resolution neutral with a party to the proceeding, or is participating in, or has participated within the last 2 years in, discussions regarding such prospective employment or service. -This bill, in a consumer arbitration case, would also require the disclosure of any solicitation made within the last 2 years by, or at the direction of, a private arbitration company to a party or lawyer for a party. The bill would only require disclosure of solicitations made after January 1, 2017. The bill would specify what is, and what is not, a solicitation for purposes of this disclosure. The bill would prohibit the solicitation of a party or lawyer for a party during the pendency of the arbitration. The bill would also prohibit an arbitrator, from the time of appointment until the conclusion of the arbitration, from entertaining or accepting any offers of employment or offers of new professional relationships, and, in a consumer arbitration case, would prohibit the arbitrator from entertaining or accepting any offers of employment as a dispute resolution neutral in another case from a party or lawyer for a party in the pending arbitration, except as provided. -This bill would exempt specified self-regulatory organizations from the application of the bill. The bill would provide that its provisions are severable.","An act to amend Section 1281.9 of, and to add Section 1281.65 to, the Code of Civil Procedure, relating to arbitration." -296,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3033 of the Fish and Game Code is amended to read: -3033. -(a) Pursuant to this section, the department shall issue to a disabled veteran or recovering service member who has not been convicted of a violation of this code a free hunting license that authorizes the licensee to take a bird or mammal as authorized by this code and regulations adopted pursuant to this code. -(b) The license issued pursuant to this section shall be issued free of any charge or fee. -(c) For the purposes of this section, the following terms have the following meanings: -(1) “Disabled veteran” means a person having a 50 percent or greater service-connected disability and an honorable discharge from military service. -(2) “Recovering service member” means a member of the military who meets the definition of “recovering service member” in Section 1602(7) of the federal National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181). -(d) A person applying for a free hunting license shall submit to the department adequate documentation for the department to determine whether the person is, in fact, eligible for a free hunting license. The department shall not issue a free hunting license to a person unless it is satisfied that the person has provided adequate documentation of eligibility for that license. -(e) A disabled veteran shall submit the following documentation: -(1) Proof of an honorable discharge from military service. -(2) Proof of the disability described in paragraph (1) of subdivision (c), either by certification from the United States Department of Veterans Affairs or by presentation of a license issued pursuant to this section in the preceding license year. -(f) A recovering service member shall submit a letter to the department stating that the person is a recovering service member as defined in subdivision (d), from either that person’s commanding officer or a military medical doctor. The letter may be submitted either in hard copy form or online. -(g) Notwithstanding subdivision (c) of Section 3031 and subdivision (f) of Section 3031.2, the commission shall not increase the fees required to obtain the licenses specified in Sections 3031 and 3031.2 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit. -(h) (1) The department shall not charge a person who receives a free hunting license pursuant to this section a fee to obtain a tag, validation, or other entitlement required in addition to a valid hunting license to take a bird or mammal. -(2) Notwithstanding any other law, the commission shall not increase the fee required to obtain a tag, validation, or other entitlement for a person not receiving the discount pursuant to this subdivision to recover the cost of providing the discount. -SEC. 2. -Section 3034 is added to the Fish and Game Code, to read: -3034. -(a) Upon application pursuant to this section and payment of a fee of five dollars ($5), the department shall issue to a veteran of the Armed Forces of the United States, who was honorably discharged and who has not been convicted of a violation of this code, a reduced fee hunting license that authorizes the licensee to take a bird or mammal as authorized by this code and regulations adopted pursuant to this code. -(b) The license fee for a reduced fee hunting license shall be not be adjusted pursuant to Section 713. -(c) A person applying for a reduced fee hunting license shall submit to the department adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee hunting license. The department shall not issue a reduced fee hunting license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license. -(d) Notwithstanding subdivision (c) of Section 3031 and subdivision (f) of Section 3031.2, the commission shall not increase the fees required to obtain the licenses specified in Sections 3031 and 3031.2 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit. -(e) (1) The department shall reduce the fee for a tag, validation, or other entitlement required in addition to a valid hunting license to take a bird or mammal by 50 percent for a person who receives a reduced fee hunting license pursuant to this section. -(2) Notwithstanding any other law, the commission shall not increase the fee required to obtain a tag, validation, or other entitlement for a person not receiving the discount pursuant to this subdivision to recover the cost of providing the discount. -SEC. 3. -Section 7150 of the Fish and Game Code is amended to read: -7150. -(a) Upon application to the department’s headquarters office in Sacramento and payment of a base fee of four dollars ($4), as adjusted pursuant to Section 713, a person who meets the eligibility requirements specified in subdivision (b) shall be issued a reduced fee sport fishing license that is valid for one year as specified in paragraphs (1) and (2) of subdivision (a) of Section 7149.05 and that authorizes the licensee to take any fish, reptile, or amphibians anywhere in this state as otherwise authorized pursuant to this code and regulations adopted pursuant thereto for purposes other than profit. -(b) A person who meets the following requirements shall be eligible for a reduced fee license pursuant to this section: -(1) The person has not been convicted of any violation of this code. -(2) The person is over 65 years of age. -(3) The person is a resident of this state. -(4) The person’s total monthly income from all sources, including any old age assistance payments, does not exceed the amount in effect on September 1 of each year contained in subdivision (c) of Section 12200 of the Welfare and Institutions Code for single persons or subdivision (d) of Section 12200 of the Welfare and Institutions Code combined income for married persons, as adjusted pursuant to that section. The amount in effect on September 1 of each year shall be the amount used to determine eligibility for a reduced fee license during the following calendar year. -(c) A person applying for a reduced fee sport fishing license shall submit adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee sport fishing license. The documentation shall be in the form of a letter or other document, as specified by the department, from a public agency. The department shall not issue a reduced fee sport fishing license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license. -(d) The adjustment of the base fee pursuant to Section 713 specified in subdivision (a) shall be applicable to the fishing license years beginning on or after January 1, 1996. -SEC. 4. -Section 7150.5 is added to the Fish and Game Code, to read: -7150.5. -(a) Upon application to the department’s headquarters office in Sacramento and payment of a fee of five dollars ($5), a veteran of the Armed Forces of the United States, who was honorably discharged and who has not been convicted of any violation of this code, shall be issued a reduced fee sport fishing license that is valid for one year as specified in paragraphs (1) and (2) of subdivision (a) of Section 7149.05 and that authorizes the licensee to take any fish, reptile, or amphibians anywhere in this state as otherwise authorized pursuant to this code and regulations adopted pursuant thereto for purposes other than profit. -(b) A person applying for a reduced fee sport fishing license shall submit adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee sport fishing license. The documentation shall be in the form of a letter or other document, as specified by the department, from a public agency. The department shall not issue a reduced fee sport fishing license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license. -(c) The fee required pursuant to subdivision (a) shall not be adjusted pursuant to Section 713. -(d) Notwithstanding subdivision (e) of Section 7149.05, the commission shall not increase the fees required to obtain the license specified in Section 7149.05 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit. -(e) (1) The department shall reduce the fee for a sport fishing report card, validation, or other entitlement required in addition to a valid sport fishing license to take an amphibian, reptile, or fish by 50 percent for a person who receives a reduced fee sport fishing license pursuant to this section. -(2) Notwithstanding subdivision (g) of Section 6596.1, subdivision (c) of Section 7149.8, or any other law, the commission shall not increase the fee required to obtain a sport fishing report card, validation, or other entitlement for a person not receiving the discount pursuant to this subdivision to recover the cost of providing the discount. -SEC. 5. -Section 7151 of the Fish and Game Code is amended to read: -7151. -(a) Upon application to the department, the following persons, if they have not been convicted of any violation of this code, shall be issued, free of any charge or fee, a sport fishing license, that authorizes the licensee to take any fish, reptile, or amphibian anywhere in this state for purposes other than profit: -(1) Any blind person upon presentation of proof of blindness. “Blind person” means a person with central visual acuity of 20/200 or less in the better eye, with the aid of the best possible correcting glasses, or central visual acuity better than 20/200 if the widest diameter of the remaining visual field is no greater than 20 degrees. Proof of blindness shall be by certification from a qualified licensed optometrist or ophthalmologist or by presentation of a license issued pursuant to this paragraph in any previous license year. -(2) Every resident Native American who, in the discretion of the department, is financially unable to pay the fee required for the license. -(3) Any developmentally disabled person, upon presentation of certification of that disability from a qualified licensed physician, or the director of a state regional center for the developmentally disabled. -(4) Any person who is a resident of the state and who is so severely physically disabled as to be permanently unable to move from place to place without the aid of a wheelchair, walker, forearm crutches, or a comparable mobility-related device. Proof of the disability shall be by certification from a licensed physician or surgeon or, by presentation of a license issued pursuant to this paragraph in any previous license year after 1996. -(5) A disabled veteran having a 50 percent or greater service-connected disability upon presentation of proof of an honorable discharge from military service and proof of the disability. Proof of the disability shall be by certification from the United States -Veterans Administration -Department of Veterans Affairs -or by presentation of a license issued pursuant to this paragraph in the preceding license year. -(6) A member of the military who is a “recovering service member” pursuant to Section 1602(7) of the federal National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181). A person shall be eligible for a free sport fishing license pursuant to this paragraph upon the submission of a letter, online or in hardcopy, to the department from that person’s commanding officer or from a military medical doctor stating that the person is a recovering service member. -(b) Sport fishing licenses issued pursuant to paragraphs (2), (5), and (6) of subdivision (a) are valid for the calendar year of issue or, if issued after the beginning of the year, for the remainder thereof. -(c) Sport fishing licenses issued pursuant to paragraphs (1), (3), and (4) of subdivision (a) are valid for five calendar years, or if issued after the beginning of the first year, for the remainder thereof. -(d) Upon application to the department, the department may issue, free of any charge or fee, a sport fishing license to groups of mentally or physically handicapped persons under the care of a certified federal, state, county, city, or private licensed care center that is a community care facility as defined in subdivision (a) of Section 1502 of the Health and Safety Code, to organizations exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code, or to schools or school districts. Any organization that applies for a group fishing license shall provide evidence that it is a legitimate private licensed care center, tax-exempt organization, school, or school district. The license shall be issued to the person in charge of the group and shall be in his or her possession when the group is fishing. Employees of private licensed care centers, tax-exempt organizations, schools, or school districts are exempt from Section 7145 only while assisting physically or mentally disabled persons fishing under the authority of a valid license issued pursuant to this section. The license shall include the location where the activity will take place, the date or dates of the activity, and the maximum number of people in the group. The licenseholder shall notify the local department office before fishing and indicate where, when, and how long the group will fish. -(e) Upon application to the department, the department may issue, free of any charge or fee, a sport fishing license to a nonprofit organization for day-fishing trips that provide recreational rehabilitation therapy for active duty members of the United States military who are currently receiving inpatient care in a military or -United States Department of -Veterans -Administration -Affairs -hospital and veterans with service-connected disabilities. The license shall be valid for the calendar year of issue or, if issued after the beginning of the year, for the remainder of that year. The license shall be issued to the person in charge of the group, and shall be in the licenseholder’s possession when the group is fishing. The organization shall notify the local department office before fishing and indicate where, when, and how long the group will fish. To be eligible for a license under this subdivision, an organization shall be registered to do business in this state or exempt from taxation under Section 501(c) of the federal Internal Revenue Code. -(f) On January 15 of each year, the department shall determine the number of free sport fishing licenses in effect during the preceding year under subdivisions (a), (d), and (e). -(g) There shall be appropriated from the General Fund a sum equal to two dollars ($2) per free sport fishing license in effect during the preceding license year under subdivisions (a) and (d), as determined by the department pursuant to subdivision (f). That sum may be appropriated annually in the Budget Act for transfer to the Fish and Game Preservation Fund and appropriated in the Budget Act from the Fish and Game Preservation Fund to the department for the purposes of this part. -(h) Notwithstanding subdivision (e) of Section 7149.05, the commission shall not increase the fees required to obtain the license specified in -Section -7149.05 for a person not receiving the benefit pursuant to this section to recover the cost of providing the benefit. -(i) (1) The department shall not charge a person who receives a free sport fishing license pursuant to paragraph (5) or (6) of subdivision (a) a fee to obtain a sport fishing report card, validation, or other entitlement required in addition to a valid sport fishing license to take an amphibian, reptile, or fish. -(2) Notwithstanding subdivision (g) of Section 6596.1, subdivision (c) of Section 7149.8, or any other law, the commission shall not increase the fee required to obtain a sport fishing report card, validation, or other entitlement for a person not receiving the discount pursuant to this subdivision to recover the cost of providing the discount.","(1) Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law requires the Department of Fish and Wildlife to issue a hunting license for a term of one year, as provided, upon payment of a fee, to eligible residents and nonresidents. Existing law requires the department to issue a reduced fee hunting license for a term of one year, as provided, upon payment of a reduced fee, to a disabled veteran or recovering service member, as specified. Existing law requires these fees to be adjusted annually according to a specified index. -Under existing law, the department issues tags, validations, and other entitlements upon payment of specified fees that are required in addition to a valid hunting license to take specified birds and mammals for purposes other than commercial purposes. -This bill would instead require the department to issue a free hunting license, upon application to the department, to a disabled veteran or recovering service member and would require the -department, -department -to issue a reduced fee hunting license, upon application and payment of a fee of $5, to a veteran of the Armed Forces of the United States who was honorably discharged. The bill would prohibit the reduced hunting license fee from being adjusted pursuant to the specified index. -The bill would require the department to reduce the fee required for a tag, validation, or other entitlement by 50% for a person who receives a reduced fee hunting license for veterans and would prohibit the department from charging a person who receives a free hunting license for disabled veterans or recovering service members a fee for these entitlements. -(2) Existing law requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit to first obtain a sport fishing license for that purpose and to have that license on his or her person or in his or her immediate possession when engaged in carrying out any activity authorized by the license. Existing law requires the department to issue a sport fishing license for the period of a calendar year, as provided, upon payment of a specified fee, to eligible residents and nonresidents. Existing law requires the department to issue a reduced fee sport fishing license -to -for the period of a calendar year upon payment of a reduced fee to a disabled veteran or recovering service member, as specified. Existing law requires these fees to be adjusted annually according to a specified index. -Under existing law, the department issues sport fishing report cards and validations upon payment of specified fees that authorize various activities relating to the taking and possession of amphibians, reptiles, and fish for purposes other than profit. -This bill would instead require the department to issue a free sport fishing license, upon application to the department, to a disabled veteran or recovering service member and would require the department to issue a reduced fee sport fishing license, upon application and payment of a fee of $5, to a veteran of the Armed Forces of the United States who was honorably discharged. The bill would prohibit this reduced fishing license fee from being adjusted pursuant to the specified index. -The bill would require the department to reduce the fee required to obtain a sport fishing report card, validation, or other entitlement by 50% for a person who receives a reduced fee sport fishing license for veterans and would prohibit the department from charging a person who receives -a free sport fishing license for disabled veterans or recovering service members a fee for these entitlements -.","An act to amend Sections 3033, 7150, and 7151 of, and to add Sections 3034 and 7150.5 to, the Fish and Game Code, relating to fish and wildlife." -297,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6795.2 is added to the Business and Professions Code, to read: -6795.2. -(a) At the time of renewal specified in Section 6795 or 6796, the board shall administer an assessment of the certificate holder to reinforce the certificate holder’s knowledge of state laws and the board’s rules and regulations. Failure to complete this assessment within 60 days after the date of expiration of the certificate may result in disciplinary action under Section 6775, but shall not affect the renewal of the certificate. -(b) The crime in subdivision (j) of Section 6787 shall not apply to this section. -(c) The board shall not charge the certificate holder a fee for the administration or development of the assessment. -(d) For the purposes of this section, “assessment” means an online program that contains educational reading material and questions. The material shall be based on state law and the board’s rules and regulations relating to the practice of professional engineers. The scope of the assessment shall be limited to the board’s top five types of violations related to the administrative and procedural aspects of the practice of professional engineers and any changes or additions to existing law related to such administrative and procedural aspects. -SEC. 2. -Section 7841.1 of the Business and Professions Code is amended to read: -7841.1. -An applicant for licensure as a geophysicist shall have all of the following qualifications. This section shall not apply to applicants for licensure as geologists. -(a) Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480. -(b) Meet one of the following educational requirements fulfilled at a school or university whose curricula meet criteria established by rules of the board. -(1) Graduation with a major in a geophysical science or any other discipline that, in the opinion of the board, is relevant to geophysics. -(2) Completion of a combination of at least 30 semester hours, or the equivalent, in courses that, in the opinion of the board, are relevant to geophysics. At least 24 semester hours, or the equivalent, shall be in the third or fourth year, or graduate courses. -(c) Have at least seven years of professional geophysical work that shall include either a minimum of three years of professional geophysical work under the supervision of a professional geophysicist, except that prior to July 1, 1973, professional geophysical work shall qualify under this subdivision if it is under the supervision of a qualified geophysicist, or a minimum of five years’ experience in responsible charge of professional geophysical work. Professional geophysical work does not include the routine maintenance or operation of geophysical instruments, or, even if carried out under the responsible supervision of a professional geophysicist, the routine reduction or plotting of geophysical observations. -Each year of undergraduate study in the geophysical sciences referred to in this section shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training. -Teaching in the geophysical sciences referred to in this section at a college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of the third or fourth year or graduate courses. -Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of four years towards meeting the requirements for at least seven years of professional geophysical work as set forth above. -The ability of the applicant shall have been demonstrated by his or her having performed the work in a responsible position, as the term “responsible position” is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it. -(d) Successfully pass a written examination that shall test the applicant’s knowledge of state laws, rules, and regulations, and of the principles and practices of geophysics within this state. The board shall administer the test on the state laws and the board’s rules and regulations as a separate part of the examination for licensure as a geophysicist. -SEC. 3. -Section 7881.5 is added to the Business and Professions Code, to read: -7881.5. -(a) At the time of renewal specified in Section 7880 or 7881, the board shall administer an assessment of the certificate holder to reinforce the certificate holder’s knowledge of state laws and the board’s rules and regulations. Failure to complete this assessment within 60 days after the date of expiration of the certificatcified in Section 8801 or 8802, the board shall administer an assessment of the licenseholder to reinforce the licenseholder’s knowledge of state laws and the board’s rules and regulations. Failure to complete this assessment within 60 days after the date of expiration of the license may result in disciplinary action under Section 8780, but shall not affect the renewal of the license. -(b) The crime in subdivision (j) of Section 8792 shall not apply to this section. -(c) The board shall not charge the licenseholder a fee for the administration or development of the assessment. -(d) For the purposes of this section, “assessment” means an online program that contains educational reading material and questions. The material shall be based on state law and the board’s rules and regulations relating to the practice of professional land surveyors. The scope of the assessment shall be limited to the board’s top five types of violations related to the administrative and procedural aspects of the practice of professional land surveyors and any changes or additions to existing law related to such administrative and procedural aspects.","Existing law makes the Board for Professional Engineers, Land Surveyors, and Geologists responsible for the certification, licensure, and regulation of the practice of professional engineering, the practice of professional geologists and geophysicists, and the practice of professional land surveyors. Except for an applicant for a geophysicist license, existing law requires these applicants for a certificate or license to complete an examination that tests knowledge of state laws, as provided. Existing law subjects these certificates and licenses to renewal and requires the holder of the certificate or license to apply for renewal on a form prescribed by the board and pay a prescribed fee, as provided. -This bill would additionally require an applicant for renewal to complete a board-administered online assessment to reinforce the certificate holder’s or licenseholder’s knowledge of laws applicable to his or her practice area. The bill would authorize the failure to complete the assessment within a specified period of time to be a cause for disciplinary action. The bill would prohibit the board from charging the renewal applicant a fee for the administration or development of the assessment. The bill would also require an applicant for a geophysicist license to complete an examination that tests knowledge of state laws, as provided.","An act to amend Section 7841.1 of, and to add Sections 6795.2, 7881.5, and 8801.1 to, the Business and Professions Code, relating to professions and vocations." -298,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1560 of the Evidence Code is amended to read: -1560. -(a) As used in this article: -(1) “Business” includes every kind of business described in Section 1270. -(2) “Record” includes every kind of record maintained by a business. -(b) Except as provided in Section 1564, when a subpoena duces tecum is served upon the custodian of records or other qualified witness of a business in an action in which the business is neither a party nor the place where any cause of action is alleged to have arisen, and the subpoena requires the production of all or any part of the records of the business, it is sufficient compliance therewith if the custodian or other qualified witness delivers by mail or otherwise a true, legible, and durable copy of all of the records described in the subpoena to the clerk of the court or to another person described in subdivision (d) of Section 2026.010 of the Code of Civil Procedure, together with the affidavit described in Section 1561, within one of the following time periods: -(1) In any criminal action, five days after the receipt of the subpoena. -(2) In any civil action, within 15 days after the receipt of the subpoena. -(3) Within the time agreed upon by the party who served the subpoena and the custodian or other qualified witness. -(c) The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, name of witness, and date of subpoena clearly inscribed thereon; the sealed envelope or wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and directed as follows: -(1) If the subpoena directs attendance in court, to the clerk of the court. -(2) If the subpoena directs attendance at a deposition, to the officer before whom the deposition is to be taken, at the place designated in the subpoena for the taking of the deposition or at the officer’s place of business. -(3) In other cases, to the officer, body, or tribunal conducting the hearing, at a like address. -(d) Unless the parties to the proceeding otherwise agree, or unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of the records shall remain sealed and shall be opened only at the time of trial, deposition, or other hearing, upon the direction of the judge, officer, body, or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at the trial, deposition, or hearing. Records that are original documents and that are not introduced in evidence or required as part of the record shall be returned to the person or entity from whom received. Records that are copies may be destroyed. -(e) As an alternative to the procedures described in subdivisions (b), (c), and (d), the subpoenaing party in a civil action may direct the witness to make the records available for inspection or copying by the party’s attorney, the attorney’s representative, or deposition officer as described in Section 2020.420 of the Code of Civil Procedure, at the witness’ business address under reasonable conditions during normal business hours. Normal business hours, as used in this subdivision, means those hours that the business of the witness is normally open for business to the public. When provided with at least five business days’ advance notice by the party’s attorney, attorney’s representative, or deposition officer, the witness shall designate a time period of not less than six continuous hours on a date certain for copying of records subject to the subpoena by the party’s attorney, attorney’s representative, or deposition officer. It shall be the responsibility of the attorney’s representative to deliver any copy of the records as directed in the subpoena. Disobedience to the deposition subpoena issued pursuant to this subdivision is punishable as provided in Section 2020.240 of the Code of Civil Procedure. -(f) If a search warrant for business records is served upon the custodian of records or other qualified witness of a business in compliance with Section 1524 of the Penal Code regarding a criminal investigation in which the business is neither a party nor the place where any crime is alleged to have occurred, and the search warrant provides that the warrant will be deemed executed if the business causes the delivery of records described in the warrant to the law enforcement agency ordered to execute the warrant, it is sufficient compliance therewith if the custodian or other qualified witness delivers by mail or otherwise a true, legible, and durable copy of all of the records described in the search warrant to the law enforcement agency ordered to execute the search warrant, together with the affidavit described in Section 1561, within five days after the receipt of the search warrant or within such other time as is set forth in the warrant. This subdivision does not abridge or limit the scope of search warrant procedures set forth in Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code or invalidate otherwise duly executed search warrants. -SEC. 2. -Section 1561 of the Evidence Code is amended to read: -1561. -(a) The records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following: -(1) The affiant is the duly authorized custodian of the records or other qualified witness and has authority to certify the records. -(2) The copy is a true copy of all the records described in the subpoena duces tecum or search warrant, or pursuant to subdivision (e) of Section 1560, the records were delivered to the attorney, the attorney’s representative, or deposition officer for copying at the custodian’s or witness’ place of business, as the case may be. -(3) The records were prepared by the personnel of the business in the ordinary course of business at or near the time of the act, condition, or event. -(4) The identity of the records. -(5) A description of the mode of preparation of the records. -(b) If the business has none of the records described, or only part thereof, the custodian or other qualified witness shall so state in the affidavit, and deliver the affidavit and those records that are available in one of the manners provided in Section 1560. -(c) If the records described in the subpoena were delivered to the attorney or his or her representative or deposition officer for copying at the custodian’s or witness’ place of business, in addition to the affidavit required by subdivision (a), the records shall be accompanied by an affidavit by the attorney or his or her representative or deposition officer stating that the copy is a true copy of all the records delivered to the attorney or his or her representative or deposition officer for copying. -SEC. 3. -Section 1563 of the Evidence Code is amended to read: -1563. -(a) This article does not require tender or payment of more than one witness fee and one mileage fee or other charge, to a witness or witness’ business, unless there is an agreement to the contrary between the witness and the requesting party. -(b) All reasonable costs incurred in a civil proceeding by a witness who is not a party with respect to the production of all or any part of business records requested pursuant to a subpoena duces tecum shall be charged against the party serving the subpoena duces tecum. -(1) “Reasonable costs,” as used in this section, includes, but is not limited to, the following specific costs: ten cents ($0.10) per page for standard reproduction of documents of a size 8 -1/2 -by 14 inches or less; twenty cents ($0.20) per page for copying of documents from microfilm; actual costs for the reproduction of oversize documents or the reproduction of documents requiring special processing which are made in response to a subpoena; reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of twenty-four dollars ($24) per hour per person, computed on the basis of six dollars ($6) per quarter hour or fraction thereof; actual postage charges; and the actual cost, if any, charged to the witness by a third person for the retrieval and return of records held offsite by that third person. -(2) The requesting party, or the requesting party’s deposition officer, shall not be required to pay the reasonable costs or any estimate thereof before the records are available for delivery pursuant to the subpoena, but the witness may demand payment of costs pursuant to this section simultaneous with actual delivery of the subpoenaed records, and until payment is made, the witness is under no obligation to deliver the records. -(3) The witness shall submit an itemized statement for the costs to the requesting party, or the requesting party’s deposition officer, setting forth the reproduction and clerical costs incurred by the witness. If the costs exceed those authorized in paragraph (1), or if the witness refuses to produce an itemized statement of costs as required by paragraph (3), upon demand by the requesting party, or the requesting party’s deposition officer, the witness shall furnish a statement setting forth the actions taken by the witness in justification of the costs. -(4) The requesting party may petition the court in which the action is pending to recover from the witness all or a part of the costs paid to the witness, or to reduce all or a part of the costs charged by the witness, pursuant to this subdivision, on the grounds that those costs were excessive. Upon the filing of the petition the court shall issue an order to show cause and from the time the order is served on the witness the court has jurisdiction over the witness. The court may hear testimony on the order to show cause and if it finds that the costs demanded and collected, or charged but not collected, exceed the amount authorized by this subdivision, it shall order the witness to remit to the requesting party, or reduce its charge to the requesting party by an amount equal to, the amount of the excess. If the court finds the costs were excessive and charged in bad faith by the witness, the court shall order the witness to remit the full amount of the costs demanded and collected, or excuse the requesting party from any payment of costs charged but not collected, and the court shall also order the witness to pay the requesting party the amount of the reasonable expenses incurred in obtaining the order, including attorney’s fees. If the court finds the costs were not excessive, the court shall order the requesting party to pay the witness the amount of the reasonable expenses incurred in defending the petition, including attorney’s fees. -(5) If a subpoena is served to compel the production of business records and is subsequently withdrawn, or is quashed, modified, or limited on a motion made other than by the witness, the witness shall be entitled to reimbursement pursuant to paragraph (1) for all reasonable costs incurred in compliance with the subpoena to the time that the requesting party has notified the witness that the subpoena has been withdrawn or quashed, modified, or limited. If the subpoena is withdrawn or quashed, if those costs are not paid within 30 days after demand therefor, the witness may file a motion in the court in which the action is pending for an order requiring payment, and the court shall award the payment of expenses and attorney’s fees in the manner set forth in paragraph (4). -(6) If records requested pursuant to a subpoena duces tecum are delivered to the attorney, the attorney’s representative, or the deposition officer for inspection or photocopying at the witness’ place of business, the only fee for complying with the subpoena shall not exceed fifteen dollars ($15), plus the actual cost, if any, charged to the witness by a third person for retrieval and return of records held offsite by that third person. If the records are retrieved from microfilm, the reasonable costs, as defined in paragraph (1), applies. -(c) If the personal attendance of the custodian of a record or other qualified witness is required pursuant to Section 1564, in a civil proceeding, he or she shall be entitled to the same witness fees and mileage permitted in a case where the subpoena requires the witness to attend and testify before a court in which the action or proceeding is pending and to any additional costs incurred as provided by subdivision (b).","Existing law provides that when a subpoena duces tecum is served upon the custodian of records or other qualified witness of a business in a criminal action in which the business is neither a party nor the place where any cause of action is alleged to have arisen, and the subpoena requires the production of all or any part of the records of the business, it is sufficient compliance therewith if the custodian or other qualified witness, within 5 days after the receipt of the subpoena or within a time otherwise agreed upon, delivers a copy of all the records described in the subpoena to the clerk of the court, the judge, or another person, as specified. Existing law requires that the records be accompanied with an affidavit from the custodian attesting to specified information. -Existing law also provides for the service of search warrants for the seizure of business records, as specified. -This bill would authorize a custodian of business records to comply with a search warrant for certain business records by delivering a true, legible, and durable copy of all of the records described in the search warrant to the law enforcement agency ordered to execute the search warrant, if the warrant provides for compliance in that manner. The bill would require that the records be delivered within 5 days of receipt of the search warrant or such other time as is specified in the search warrant. The bill would require that the records be accompanied by an affidavit of the custodian of records attesting to the same information that is required with respect to a subpoena duces tecum. -Existing law authorizes all reasonable costs, as specified, incurred by a nonparty witness to be charged against the party serving the subpoena duces tecum. -This bill would make technical, nonsubstantive changes to those provisions.","An act to amend Sections 1560, 1561, and 1563 of the Evidence Code, relating to evidence." -299,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 803 of the Penal Code is amended to read: -803. -(a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. -(b) No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter. -(c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses: -(1) Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93. -(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10. -(3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code. -(4) A violation of Section 1090 or 27443 of the Government Code. -(5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code. -(6) Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code. -(7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code. -(8) A violation of Section 22430 of the Business and Professions Code. -(9) A violation of Section 103800 of the Health and Safety Code. -(10) A violation of Section 529a. -(11) A violation of subdivision (d) or (e) of Section 368. -(d) If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations. -(e) A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code. -(f) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under 18 years of age, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object. -(2) This subdivision applies only if all of the following occur: -(A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired. -(B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual. -(C) There is independent evidence that corroborates the victim’s allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim’s allegation. -(3) No evidence may be used to corroborate the victim’s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals. -(4) (A) In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation. -(B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege. -(C) This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith. -(g) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met: -(A) The crime is one that is described in subdivision (c) of Section 290. -(B) The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense. -(2) For purposes of this section, “DNA” means deoxyribonucleic acid. -(h) For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product. -(i) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647. -(j) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense. -(k) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense. -(l) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code. -(m) Notwithstanding any other limitation of time prescribed in this chapter, if a person actively conceals or attempts to conceal an accidental death in violation of Section 152, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of that offense. -SEC. 1.5. -Section 803 of the Penal Code is amended to read: -803. -(a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. -(b) No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter. -(c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses: -(1) Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93. -(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10. -(3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code. -(4) A violation of Section 1090 or 27443 of the Government Code. -(5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code. -(6) Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code. -(7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code. -(8) A violation of Section 22430 of the Business and Professions Code. -(9) A violation of Section 103800 of the Health and Safety Code. -(10) A violation of Section 529a. -(11) A violation of subdivision (d) or (e) of Section 368. -(d) If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations. -(e) A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code. -(f) (1) Notwithstanding any other limitation of time described in this chapter, if subdivision (b) of Section 799 does not apply, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under 18 years of age, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object. -(2) This subdivision applies only if all of the following occur: -(A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired. -(B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual. -(C) There is independent evidence that corroborates the victim’s allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim’s allegation. -(3) No evidence may be used to corroborate the victim’s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals. -(4) (A) In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation. -(B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege. -(C) This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith. -(g) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met: -(A) The crime is one that is described in subdivision (c) of Section 290. -(B) The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense. -(2) For purposes of this section, “DNA” means deoxyribonucleic acid. -(h) For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product. -(i) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647. -(j) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense. -(k) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense. -(l) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code. -(m) Notwithstanding any other limitation of time prescribed in this chapter, if a person actively conceals or attempts to conceal an accidental death in violation of Section 152, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of that offense. -SEC. 2. -Section 1.5 of this bill incorporates amendments to Section 803 of the Penal Code proposed by both this bill and Senate Bill 813. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 803 of the Penal Code, and (3) this bill is enacted after Senate Bill 813, in which case Section 1 of this bill shall not become operative.","Existing law makes it a misdemeanor for a person who has knowledge of an accidental death to actively conceal or attempt to conceal that death. Existing law provides that the punishment for that offense is imprisonment in a county jail for not more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that fine and imprisonment. -Existing law also sets forth various time limits to prosecute crimes. Except as otherwise specified, prosecution for an offense that is not punishable by death or imprisonment in the state prison is required to be commenced within one year after commission of the offense. Existing law provides that for certain offenses, the prescribed limitation of time does not commence to run until the discovery of the offense. Existing law also provides that for other offenses, the criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the crime, as specified. -This bill would provide that for the offense of actively concealing or attempting to conceal an accidental death, as described above, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the offense. -This bill would incorporate changes to Section 803 of the Penal Code proposed by both this bill and SB 813, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Section 803 of the Penal Code, relating to wrongful concealment." -300,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 120500 of the Health and Safety Code is amended to read: -120500. -As used in the Communicable Disease Prevention and Control Act, defined in Section 27, “sexually transmitted diseases” means diseases that are primarily transmitted through sexual contact. -SEC. 2. -Section 120505 of the Health and Safety Code is amended to read: -120505. -The department shall develop and review plans and provide leadership and consultation for, and participate in, a program for the prevention and control of sexually transmitted diseases. -SEC. 3. -Section 120510 of the Health and Safety Code is amended to read: -120510. -The department shall cooperate in the prevention, control, and cure of sexually transmitted diseases with all of the following: -(a) Physicians and surgeons. -(b) Medical schools. -(c) Public and private hospitals, dispensaries, and clinics. -(d) Administrators of public and private elementary and secondary schools and public and private postsecondary educational institutions. -(e) Penal and charitable institutions. -(f) Detention homes. -(g) Federal, state, local, and district health officers, boards of health, and all other health authorities. -(h) Institutions caring for the mentally ill. -(i) Any other persons, institutions, or agencies. -SEC. 4. -Section 120511 is added to the Health and Safety Code, to read: -120511. -(a) To the extent funds are appropriated by the Legislature for these purposes, the department shall allocate funds to local health jurisdictions for sexually transmitted disease outreach, screening, and other core services in accordance, to the extent possible, with the following: -(1) Counties shall be targeted and prioritized based on population and incidence of sexually transmitted diseases. -(2) Funds shall be allocated to targeted counties in a manner that balances the need to spread funding to as many counties as possible and the need to provide meaningful services to each funded county. -(3) Each recipient county shall demonstrate to the department that the county has done all of the following: -(A) Identified priority target populations. -(B) Satisfactorily described its outreach protocols. -(C) Included community-based partners for outreach, screening, and other core services. -(D) Allocated resources for laboratory costs. -(4) The department shall develop measures for each county funded pursuant to this section to demonstrate accountability. -(b) In awarding funds pursuant to subdivision (a), the department may authorize innovative and impactful outreach, screening, and other core services, including, but not limited to, the following: -(1) Voluntary screening for sexually transmitted diseases among inmates and wards of county adult and juvenile correctional facilities. The department may provide assistance or guidance to the local health jurisdiction if necessary to secure participation by other county agencies. -(2) Social media platforms that allow a person to receive test results, share test results with partners, access treatment services, and reduce administrative costs. -(3) State-of-the-art testing modalities that ensure swift and accurate screening for sexually transmitted diseases. -(4) Community-based testing and disease investigation. -(c) The department shall monitor activities in funded counties, based on the accountability measures required under paragraph (4) of subdivision (a) in order to assess the effectiveness of outreach, screening, and other core services efforts. -(d) The department shall spend no more than 10 percent of any funds appropriated by the Legislature for purposes of this section for administrative costs. -(e) It is the intent of the Legislature that the services identified in this section are to enhance the services that are already provided. Therefore, nothing in this section shall be construed to require the department to replace existing services with the services provided for in subdivision (a) or to prevent the department from adding new services as may be appropriate. -SEC. 5. -Section 120515 of the Health and Safety Code is amended to read: -120515. -The department shall investigate conditions affecting the prevention and control of sexually transmitted diseases and approved procedures for prevention and control, and shall disseminate educational information relative thereto. -SEC. 6. -Section 120525 of the Health and Safety Code is repealed. -SEC. 7. -Section 120525 is added to the Health and Safety Code, to read: -120525. -The department may provide medical, advisory, financial, or other assistance to organizations as may be approved by it. -SEC. 8. -Section 120535 of the Health and Safety Code is amended to read: -120535. -Any state agency conducting a public hospital shall admit acute sexually transmitted disease cases, when, in the opinion of the department or the local health officer having jurisdiction, persons infected with a sexually transmitted disease may be a menace to public health. -SEC. 9. -Section 120540 of the Health and Safety Code is amended to read: -120540. -The department may require any physician in attendance on a person infected, or suspected of being infected, with a sexually transmitted disease infection to submit specimens as may be designated for examination, when in its opinion the procedure is reasonably necessary to carry out the provisions and purposes of this chapter. -SEC. 10. -Section 120565 of the Health and Safety Code is amended to read: -120565. -If a person subject to proper sexually transmitted disease control measures discontinues any control procedure required by this chapter, the agency administering the procedure, prior to the discontinuance, shall make reasonable efforts to determine whether the person is continuing to comply with the procedure elsewhere. -SEC. 11. -Section 120575 of the Health and Safety Code is amended to read: -120575. -It is the duty of the local health officers to use every available means to ascertain the existence of cases of infectious sexually transmitted diseases within their respective jurisdictions, to investigate all cases that are not, or probably are not, subject to proper control measures approved by the board, to ascertain so far as possible all sources of infection, and to take all measures reasonably necessary to prevent the transmission of infection. -SEC. 12. -Section 120605 of the Health and Safety Code is amended to read: -120605. -This chapter shall not be construed to interfere with the freedom of any adherent of teachings of any well-recognized religious sect, denomination, or organization to depend exclusively upon prayer for healing in accordance with the teachings of the religious sect, denomination, or organization. That person, along with any person treating him or her, shall be exempt from all provisions of this chapter regarding sexually transmitted diseases, except that the provisions of this code and the regulations of the board regarding compulsory reporting of communicable diseases and the quarantine of those diseases, and regarding callings that a person with a sexually transmitted disease may not engage, shall apply.","The existing Communicable Disease Prevention and Control Act defines the term “venereal disease” to mean syphilis, gonorrhea, chancroid, lymphopathia venereum, granuloma inguinale, and chlamydia. Existing law requires the State Department of Public Health to develop and review plans and participate in a program for the prevention and control of venereal disease, and authorizes the department to establish, maintain, and subsidize clinics, dispensaries, and prophylactic stations for the diagnosis, treatment, and prevention of venereal disease. -This bill would delete the term “venereal disease” and would instead use the term “sexually transmitted diseases” (STDs), which would be defined as diseases that are primarily transmitted through sexual contact. The bill would require the department, to the extent funds are appropriated by the Legislature, to allocate grants to local health jurisdictions for STD outreach, screening, and other core services. The bill would target and prioritize the allocation of funds to counties based on population and incidence of STDs and would require the allocation of funds to targeted counties to balance the need to spread funding to as many counties as possible and the need to provide meaningful services to each funded county. The bill would make specified mandates and accountability measures applicable to the county when providing the outreach, screening, and other core services. -This bill would provide that the department, in awarding funds pursuant to these provisions, may authorize innovative and impactful outreach, screening, and other core services, such as voluntary screening of inmates and wards of county adult and juvenile corrections facilities, and use of state-of-the-art testing modalities. The bill would require the department to use the accountability measures developed under the bill in order to monitor the activities funded by the bill and would limit the department’s expenditures on administrative costs to no more than 10% of the funds appropriated by the Legislature for this purpose. -The bill would also delete obsolete provisions and make conforming changes.","An act to amend Sections 120500, 120505, 120510, 120515, 120535, 120540, 120565, 120575, and 120605 of, to add Section 120511 to, and to repeal and add Section 120525 of, the Health and Safety Code, relating to sexually transmitted diseases." -301,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 124977 of the Health and Safety Code is amended to read: -124977. -(a) It is the intent of the Legislature that, unless otherwise specified, the genetic disease testing program carried out pursuant to this chapter be fully supported from fees collected for services provided by the program. -(b) (1) The department shall charge a fee to all payers for any tests or activities performed pursuant to this chapter. The amount of the fee shall be established by regulation and periodically adjusted by the director in order to meet the costs of this chapter. Notwithstanding any other law, any fees charged for prenatal screening and followup services provided to persons enrolled in the Medi-Cal program, health care service plan enrollees, or persons covered by health insurance policies, shall be paid in full and deposited in the Genetic Disease Testing Fund or the Birth Defects Monitoring Program Fund consistent with this section. -(2) The department shall expeditiously undertake all steps necessary to implement the fee collection process, including personnel, contracts, and data processing, so as to initiate the fee collection process at the earliest opportunity. -(3) Effective for services provided on and after July 1, 2002, the department shall charge a fee to the hospital of birth, or, for births not occurring in a hospital, to families of the newborn, for newborn screening and followup services. The hospital of birth and families of newborns born outside the hospital shall make payment in full to the Genetic Disease Testing Fund. The department shall not charge or bill Medi-Cal beneficiaries for services provided pursuant to this chapter. -(4) (A) The department shall charge a fee for prenatal screening to support the pregnancy blood sample storage, testing, and research activities of the Birth Defects Monitoring Program. -(B) The prenatal screening fee for activities of the Birth Defects Monitoring Program shall be ten dollars ($10). -(5) The department shall set guidelines for invoicing, charging, and collecting from approved researchers the amount necessary to cover all expenses associated with research application requests made pursuant to this section, data linkage, retrieval, data processing, data entry, reinventory, and shipping of blood samples or their components, and related data management. -(6) The only funds from the Genetic Disease Testing Fund that may be used for the purpose of supporting the pregnancy blood sample storage, testing, and research activities of the Birth Defects Monitoring Program are those prenatal screening fees assessed and collected prior to the creation of the Birth Defects Monitoring Program Fund specifically to support those Birth Defects Monitoring Program activities. -(7) The Birth Defects Monitoring Program Fund is hereby created as a special fund in the State Treasury. Fee revenues that are collected pursuant to paragraph (4) shall be deposited into the fund and shall be available upon appropriation by the Legislature to support the pregnancy blood sample storage, testing, and research activities of the Birth Defects Monitoring Program. Notwithstanding Section 16305.7 of the Government Code, interest earned on funds in the Birth Defects Monitoring Program Fund shall be deposited as revenue into the fund to support the Birth Defects Monitoring Program. -(c) (1) The Legislature finds that timely implementation of changes in genetic screening programs and continuous maintenance of quality statewide services requires expeditious regulatory and administrative procedures to obtain the most cost-effective electronic data processing, hardware, software services, testing equipment, and testing and followup services. -(2) The expenditure of funds from the Genetic Disease Testing Fund for these purposes shall not be subject to Section 12102 of, and Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of, the Public Contract Code, or to Division 25.2 (commencing with Section 38070) of this code. The department shall provide the Department of Finance with documentation that equipment and services have been obtained at the lowest cost consistent with technical requirements for a comprehensive high-quality program. -(3) The expenditure of funds from the Genetic Disease Testing Fund for implementation of the Tandem Mass Spectrometry screening for fatty acid oxidation, amino acid, and organic acid disorders, and screening for congenital adrenal hyperplasia may be implemented through the amendment of the Genetic Disease Branch Screening Information System contracts and shall not be subject to Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, and any policies, procedures, regulations, or manuals authorized by those laws. -(4) The expenditure of funds from the Genetic Disease Testing Fund for the expansion of the Genetic Disease Branch Screening Information System to include cystic fibrosis, biotinidase, severe combined immunodeficiency (SCID), adrenoleukodystrophy (ALD), and any other disease that is detectable in blood samples, as specified in subdivision (d) of Section 125001, may be implemented through the amendment of the Genetic Disease Branch Screening Information System contracts, and shall not be subject to Chapter 2 (commencing with Section 10290) or Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, or Sections 4800 to 5180, inclusive, of the State Administrative Manual as they relate to approval of information technology projects or approval of increases in the duration or costs of information technology projects. This paragraph shall apply to the design, development, and implementation of the expansion, and to the maintenance and operation of the Genetic Disease Branch Screening Information System, including change requests, once the expansion is implemented. -(d) (1) The department may adopt emergency regulations to implement and make specific this chapter in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of the Administrative Procedure Act, the adoption of regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, these emergency regulations shall not be subject to the review and approval of the Office of Administrative Law. Notwithstanding Sections 11346.1 and 11349.6 of the Government Code, the department shall submit these regulations directly to the Secretary of State for filing. The regulations shall become effective immediately upon filing by the Secretary of State. Regulations shall be subject to public hearing within 120 days of filing with the Secretary of State and shall comply with Sections 11346.8 and 11346.9 of the Government Code or shall be repealed. -(2) The Office of Administrative Law shall provide for the printing and publication of these regulations in the California Code of Regulations. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the regulations adopted pursuant to this chapter shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed by the department. -(3) The Legislature finds and declares that the health and safety of California newborns is in part dependent on an effective and adequately staffed genetic disease program, the cost of which shall be supported by the fees generated by the program. -SEC. 2. -Section 125001 of the Health and Safety Code is amended to read: -125001. -(a) The department shall establish a program for the development, provision, and evaluation of genetic disease testing, and may provide laboratory testing facilities or make grants to, contract with, or make payments to, any laboratory that it deems qualified and cost effective to conduct testing or with any metabolic specialty clinic to provide necessary treatment with qualified specialists. The program shall provide genetic screening and followup services for persons who have the screening. -(b) The department shall expand statewide screening of newborns to include tandem mass spectrometry screening for fatty acid oxidation, amino acid, organic acid disorders, and congenital adrenal hyperplasia as soon as possible. The department shall provide information with respect to these disorders and available testing resources to all women receiving prenatal care and to all women admitted to a hospital for delivery. If the department is unable to provide this statewide screening by August 1, 2005, the department shall temporarily obtain these testing services through a competitive bid process from one or more public or private laboratories that meet the department’s requirements for testing, quality assurance, and reporting. If the department determines that contracting for these services is more cost effective, and meets the other requirements of this chapter, than purchasing the tandem mass spectrometry equipment themselves, the department shall contract with one or more public or private laboratories. -(c) The department shall expand statewide screening of newborns to include screening for severe combined immunodeficiency (SCID) as soon as possible. In implementing the SCID screening test, the department shall also screen for other T-cell lymphopenias that are detectable as a result of screening for SCID, insofar as it does not require additional costs or equipment beyond that needed to test for SCID. -(d) The department shall expand statewide screening of newborns to include screening for adrenoleukodystrophy (ALD) and any other disease that is detectable in blood samples as soon as practicable, but no later than two years after the disease is adopted by the federal Recommended Uniform Screening Panel (RUSP), or enrollment of the act amending this subdivision, whichever is later.","Existing law requires the State Department of Public Health to establish a program for the development, provision, and evaluation of genetic disease testing. -Existing law establishes the continuously appropriated Genetic Disease Testing Fund (GDTF), consisting of fees paid for newborn screening tests, and states the intent of the Legislature that all costs of the genetic disease testing program be fully supported by fees paid for newborn screening tests, which are deposited in the GDTF. Existing law also authorizes moneys in the GDTF to be used for the expansion of the Genetic Disease Branch Screening Information System to include cystic fibrosis, biotinidase, severe combined immunodeficiency (SCID), and adrenoleukodystrophy (ALD) and exempts the expansion of contracts for this purpose from certain provisions of the Public Contract Code, the Government Code, and the State Administrative Manual, as specified. -This bill would require the department to expand statewide screening of newborns to include screening for any disease that is detectable in blood samples as soon as practicable, but no later than 2 years after the disease is adopted by the federal Recommended Uniform Screening Panel (RUSP), or enrollment of this bill, whichever is later. By expanding the purposes for which moneys from the GDTF may be expended, this bill would make an appropriation.","An act to amend Sections 124977 and 125001 of the Health and Safety Code, relating to public health, and making an appropriation therefor." -302,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6731.1 of the Business and Professions Code is amended to read: -6731.1. -Civil engineering also includes the practice or offer to practice, either in a public or private capacity, all of the following: -(a) Locates, relocates, establishes, reestablishes, -or retraces -retraces, or lays out through the use of mathematics or geometric measurements -the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Section -6731. -6731 or for any items designed with the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6. -(b) Determines the configuration or contour of the earth’s -surface or -surface, the benthic surface below water bodies, the measuring for volumetric calculations of earthwork, or -the position of -manmade or natural -fixed objects above, on, or below the surface of earth by applying the principles of -trigonometry or photogrammetry. -mathematics, photogrammetry, or remote sensing. -(c) Creates, prepares, or modifies electronic or computerized data in the performance of the activities described in subdivisions (a) and (b). -(d) Renders a statement regarding the accuracy of maps or measured survey data pursuant to subdivisions (a), (b), and (c). -SEC. 2. -Section 8726 of the Business and Professions Code is amended to read: -8726. -A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do any one or more of the following: -(a) Locates, relocates, establishes, reestablishes, -or retraces -retraces, or lays out through the use of mathematics or geometric measurements -the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Section -6731. -6731 or for any items designed with the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6. -(b) Determines the configuration or contour of the earth’s surface, -the benthic surface below water bodies, the measuring for volumetric calculations of earthwork, -or the position of -manmade or natural -fixed objects above, on, or below the surface of the earth by applying the principles of -mathematics or photogrammetry. -mathematics, photogrammetry, or remote sensing. -(c) Locates, relocates, establishes, reestablishes, or retraces any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries. -(d) Makes any survey for the subdivision or resubdivision of any tract of land. For the purposes of this subdivision, the term “subdivision” or “resubdivision” shall be defined to include, but not be limited to, the definition in the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code) or the Subdivided Lands Law (Chapter 1 (commencing with Section 11000) of Part 2 of Division 4 of this code). -(e) By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point. -(f) Geodetic -surveying -or cadastral surveying. As used in this chapter, geodetic surveying means performing -surveys, -surveys by using techniques or methods of three-dimensional geospatial data acquisition -in which account is taken of the figure and size of the earth to determine or predetermine the horizontal or vertical positions of fixed objects thereon or related thereto, geodetic control points, monuments, or stations for use in the practice of land surveying or for stating the -position -geospatial establishment of three-dimensional positions -of fixed objects, geodetic control points, monuments, or stations by California Coordinate System -coordinates. -coordinates in accordance with Chapter 1 (commencing with Section 8801) of Division 8 of the Public Resources Code. -(g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in subdivisions (a), (b), (c), (d), (e), and (f). -(h) Indicates, in any capacity or in any manner, by the use of the title “land surveyor” or by any other title or by any other representation that he or she practices or offers to practice land surveying in any of its branches. -(i) Procures or offers to procure land surveying work for himself, herself, or others. -(j) Manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced. -(k) Coordinates the work of professional, technical, or special consultants in connection with the activities authorized by this chapter. -(l) Determines the information shown or to be shown within the description of any deed, trust deed, or other title document prepared for the purpose of describing the limit of real property in connection with any one or more of the functions described in subdivisions (a) to (f), inclusive. -(m) Creates, prepares, or modifies electronic or computerized data in the performance of the activities described in subdivisions (a), (b), (c), (d), (e), (f), (k), and (l). -(n) Renders a statement regarding the accuracy of maps or measured survey data. -Any department or agency of the state or any city, county, or city and county that has an unregistered person in responsible charge of land surveying work on January 1, 1986, shall be exempt from the requirement that the person be licensed as a land surveyor until the person currently in responsible charge is replaced. -The review, approval, or examination by a governmental entity of documents prepared or performed pursuant to this section shall be done by, or under the direct supervision of, a person authorized to practice land surveying. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SECTION 1. -Section 8725 of the -Business and Professions Code -is amended to read: -8725. -Any person practicing, or offering to practice, land surveying in this state shall submit evidence that he or she is qualified to practice and shall be licensed under this chapter. -It is unlawful for any person to practice, offer to practice, or represent herself or himself, as a land surveyor in this state, or to set, reset, replace, or remove any survey monument on land in which he or she has no legal interest, unless he or she has been licensed or specifically exempted from licensing under this chapter.","The -Professional Engineers Act and the -Professional Land Surveyors’ Act -establishes -establish -the Board for Professional Engineers, Land Surveyors, and Geologists within the Department of Consumer Affairs for the licensure and regulation of -professional engineers and -land -surveyors -surveyors, respectively, -and -requires -require -any person practicing, or offering to practice, -civil engineering or -land -surveying -surveying, respectively, -in the state to submit evidence that he or she is qualified to practice and to be licensed under the -respective -act. -Existing law makes it a misdemeanor to practice civil engineering or land surveying without legal authorization. -This bill would -make a nonsubstantive change to this provision. -expand the definitions of civil engineering and land surveying to include laying out through the use of mathematics or geometric measurements the alignment or elevation for specified items, determining the configuration or contour of the benthic surface below water bodies or the measuring for volumetric calculations of earthwork, as specified, and making specified determinations by applying the principles of remote sensing. The bill would also amend the definition of geodetic surveying. By expanding the scope of a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend -Section 8725 -Sections 6731.1 and 8726 -of the Business and Professions Code, relating to professions." -303,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as “The Dr. Julia Quint Program for Research and Prevention of Occupational Injuries and Illnesses.” The intent of this act is to establish a California occupational research agenda, -increase coordination and collaboration between community occupational health clinics and the centers for occupational and environmental health, -and provide training with the goals of preventing occupational injuries and illnesses suffered by the most vulnerable workers, including non-English speakers working in high-risk occupations, and reducing the consequences and costs of those injuries and illnesses through early intervention with appropriate care. -SEC. 2. -Section 6354.7 of the Labor Code, as added by Section 84 of Chapter 6 of the Statutes of 2002, is repealed. -SEC. 3. -Section 6354.7 of the Labor Code, as added by Section 15 of Chapter 866 of the Statutes of 2002, is amended to read: -6354.7. -(a) The Workers’ Occupational Safety and Health Education Fund is hereby created as a special account in the State Treasury. Proceeds of the fund may be expended, upon appropriation by the Legislature, by the Commission on Health and Safety and Workers’ Compensation for the purposes specified in this section and Section 6354.8 and for an insurance loss control services coordinator. The director shall levy and collect fees to fund these purposes from insurers subject to Section 6354.5. However, the fee assessed against any insurer shall not exceed the greater of one hundred dollars ($100) or 0.0286 percent of paid workers’ compensation -medical and -indemnity amounts for claims as reported for the previous calendar year to the designated rating organization for the analysis required under subdivisions -(b) -(a), (b), -and (c) of Section 11759.1 of the Insurance Code. All fees shall be deposited in the fund. -(b) The commission shall establish and maintain a worker occupational safety and health training and education program, to be referred to as the Worker Occupational Safety and Health Training and Education Program, or WOSHTEP. The purpose of the WOSHTEP shall be to promote awareness of the need for prevention education programs, to develop and provide injury and illness prevention education programs for employees and their -representatives, to increase the number of, and to ensure continued capacity of, nonprofit provider organizations, including labor-management cooperation committees, joint labor-management apprentice programs, labor unions, community or faith-based organizations that focus on vulnerable workers, and state government-supported postsecondary educational institutions, to train workers and provide related services, -representatives -and to deliver those awareness and training programs through a network of providers throughout the state. The commission may conduct the WOSHTEP directly or by means of contracts or interagency agreements. -(c) The commission shall establish an advisory board for the WOSHTEP that includes employer and worker representatives and experts in occupational safety and health. The WOSHTEP advisory board shall guide the development of curricula, teaching methods, and specific course material about occupational safety and health, and shall assist in providing links to the target audience and broadening the partnerships with worker-based organizations, labor studies programs, and others that are able to reach the target audience. -(d) The WOSHTEP shall include the development and provision of a needed core curriculum addressing competencies for effective participation in workplace injury and illness prevention programs and on joint labor-management health and safety committees. The core curriculum shall include an overview of the requirements related to injury and illness prevention programs and hazard communication. -(e) The WOSHTEP shall include the development and provision of additional training programs for any or all of the following categories: -(1) Industries on the high hazard list. -(2) Hazards that result in significant worker injuries, illnesses, or compensation costs. -(3) Industries or trades in which workers are experiencing numerous or significant injuries or illnesses. -(4) Occupational groups with special needs, such as those who do not speak English as their first language, workers with limited literacy, young workers, and other traditionally underserved industries or groups of workers. Priority shall be given to training workers who are able to train other workers and workers who have significant health and safety responsibilities, such as those workers serving on a health and safety committee or serving as designated safety representatives. -(f) The WOSHTEP shall operate one or more libraries and distribution systems of occupational safety and health training material, which shall include, but not be limited to, all material developed by the program pursuant to this section. -(g) The WOSHTEP advisory board shall annually prepare a written report evaluating the use and impact of programs developed. -(h) The payment of administrative costs incurred by the commission in conducting the WOSHTEP shall be made from the Workers’ Occupational Safety and Health Education Fund. -SEC. 4. -Section 6354.8 is added to the Labor Code, to read: -6354.8. -In addition to the duties and functions specified in Section 6354.7, the Worker Occupational Safety and Health Training and Education Program shall -work in collaboration with: -do both of the following: -(a) -The -Work in collaboration with the -Occupational Health Branch of the State Department of Public Health to develop and implement a California occupational research agenda focused on the prevention of occupational injuries and illnesses that are most prevalent, serious, and costly for California employers and employees. -(b) -The -Through an agreement with the -University of California occupational health centers -affiliated with regional schools of medicine and public health, as -established by Section 50.8, -to increase coordination and collaboration, including providing -provide -training to community-based health clinics that serve vulnerable workers, including non-English speakers, working in high-risk occupations.","Existing law requires the Commission on Health and Safety and Workers’ Compensation to establish and maintain a worker and occupational safety and health training and education program and requires the Director of Industrial Relations to establish an insurance loss control services coordinator position, to be funded from the Workers’ Occupational Safety and Health Education Fund. Existing law requires the director to levy and collect fees from workers’ compensation insurers for purposes of the program, with the fees to be deposited in the fund. -Existing law prohibits the fee assessed against any insurer from exceeding the greater of $100 or a specified percentage of paid workers -’ compensation indemnity amounts for claims reported in the previous year, as specified. -Moneys in the fund are available for expenditure for the above purposes upon appropriation by the Legislature. -This bill would -provide that -revise the calculation of the fee described above to also include a specified percentage of paid workers’ compensation medical amounts for claims reported in the previous year and would deposit those additional -moneys in the Workers’ Occupational Safety and Health Education -Fund may be applied to -Fund. The bill would authorize -specified collaborative work by the commission in connection with its training and education program. The bill would expand the list of purposes of the training and education program, which would be referred to as the Worker Occupational Safety and Health Training and Education Program, or WOSHTEP, to increase the number of, and assure continued capacity of, specified organizations to train workers and provide services. The bill would require, as part of WOSHTEP, that the commission collaborate with the Occupational Health Branch of the State Department of Public Health and the University of California occupational health -centers affiliated with regional schools of medicine and public health, -centers, -as specified. The bill would repeal duplicative provisions. -This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of -2/3 -of the membership of each house of the Legislature.","An act to add Section 6354.8 to, and to repeal and amend Section 6354.7 of, the Labor Code, relating to occupational safety and health." -304,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 9.7 (commencing with Section 4450) is added to Division 2 of the Business and Professions Code, to read: -CHAPTER 9.7. Alcohol and Drug Counseling Professionals -Article 1. Administration -4450. -For purposes of this chapter the following definitions apply: -(a) “Bureau” means the Alcohol and Drug Counseling Professional Bureau established pursuant to Section 4452. -(b) “Department” means the Department of Consumer Affairs. -(c) “Director” means the Director of Consumer Affairs. -4451. -(a) (1) There is established within the department the Alcohol and Drug Counseling Professional Bureau, under the supervision and control of the director. -(2) (A) The duties of enforcing and administering this chapter is vested in the chief, of the bureau and he or she is responsible to the director for performing those duties. -(B) The chief shall serve at the pleasure of director. -(3) Every power granted or duty imposed upon the director pursuant to this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to the conditions and limitations that the director may prescribe. -(b) Notwithstanding any other law, the powers and duties of the bureau pursuant to this chapter are subject to review by the appropriate policy committee of the Legislature. -4452. -Protection of the public is the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions. If the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. -4453. -The bureau may adopt necessary rules and regulations for the administration and enforcement of this chapter and the laws subject to its jurisdiction and prescribe the form of statements and reports provided for in this chapter. The rules and regulations shall be adopted, amended, or repealed in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). -4454. -The director may employ and appoint all employees necessary to properly administer the duties of the bureau in accordance with civil service regulations. -Article 2. Licensing -4455. -(a) No person shall use the title of licensed alcohol and drug counselor unless the person has applied for and obtained a license from the bureau. -(b) An applicant for an alcohol and drug counselor license shall meet minimum qualifications that include, but are not limited to, all of the following: -(1) Has earned a master of arts, master of science, or doctoral degree in addiction counseling, psychology, social work, counseling, marriage and family therapy, counseling psychology, clinical psychology, or other clinically focused major that requires no less than 21 semester units, or equivalent, of addiction specific education approved by a certifying organization recognized by the department, from an institution of higher learning accredited by a regional accrediting agency, or a board for private postsecondary education. -(2) Has demonstrated competence by passing a master’s level exam accepted by a certifying organization approved by the State Department of Health Care Services. -(3) Is currently credentialed as an advanced alcohol and drug counselor and in good standing with a certification organization recognized by the State Department of Health Care Services pursuant to Section 13035 of Title 9 of the California Code of Regulations, as that section read on January 1, 2017, and has no history of revocation by a certifying organization, licensure board, or certifying entity. -(4) Has documented to the certifying organization that the applicant has completed all of the following courses: -(A) Three semester units, or the equivalent, of psychopharmacology and physiology of addiction, including any of the following subjects: -(i) Examination of the effects of alcohol and similar legal psychoactive drugs to the body and behavior. -(ii) Damage to the body and behaviors. -(iii) Damage to the brain, liver, and other organs. -(iv) Tolerance, cross tolerance, and synergistic effects. -(v) Physiological differences between males and females. -(vi) Disease model, including neurobiological signs and symptoms. -(B) Three semester units, or the equivalent, of clinical evaluation and psychopathology, including any of the following subjects: -(i) Initial interviewing process. -(ii) Biopsychosocial assessment. -(iii) Differential diagnosis. -(iv) Diagnostic summaries. -(v) Cooccurring disorders, referral processes, and the evaluation of clients using placement criteria, including the American Society of Addiction Medicine patient placement criteria or other validated clinical tools, to determine the most appropriate level of care for the client and eligibility for admission to a particular alcohol and other drug abuse treatment program. -(C) Three semester units, or the equivalent, of counseling psychotherapy for addiction, including all of the following subjects: -(i) Introduction to counseling. -(ii) Introduction to techniques and approaches. -(iii) Crisis intervention. -(iv) Individual counseling focused on addiction. -(v) Group counseling. -(vi) Family counseling as it pertains to addiction treatment. -(D) Three semester units, or the equivalent, in case management, including all of the following subjects: -(i) Community resources. -(ii) Consultation. -(iii) Documentation. -(iv) Resources for persons who are HIV positive. -(E) Three semester units, or the equivalent, of client education, including all of the following subjects: -(i) Addiction recovery. -(ii) Psychological client education. -(iii) Biochemical and medical client education. -(iv) Sociocultural client education. -(v) Addiction recovery and psychological family education. -(vi) Biomedical and sociocultural family education. -(vii) Community and professional education. -(F) Three semester units, or the equivalent, of professional responsibility law and ethics, including all of the following subjects: -(i) Ethical standards, legal aspects, cultural competency, professional growth, personal growth, dimensions of recovery, clinical supervision, and consultation. -(ii) Community involvement. -(iii) Operating a private practice. -(G) Three semester units, or the equivalent, of supervised fieldwork. -(5) Has submitted to both a state and federal level criminal offender record information search pursuant to Section 4459. -4456. -(a) For a period not to exceed one year, as determined by the bureau, from the date the bureau commences accepting applications for an initial license, an applicant who has a minimum of 12,000 hours experience is not required to meet the requirements of paragraphs (1), (2), and (4) of subdivision (b) of Section 4455. -(b) Applicants who do not meet the requirements of paragraphs (1), (2), and (4) of subdivision (b) of Section 4455 shall sit for the masters level exam required by paragraph (2) of subdivision (b) of Section 4455 before the first renewal period and shall provide proof of passing the exam to the certifying organization before one year after the end of the first renewal period. -4457. -(a) A license for an alcohol and drug counselor shall be valid for two years unless at any time during that period it is revoked or suspended. The license may be renewed prior to the expiration of the two-year period. -(b) To qualify to renew the license, a licensee shall have completed 36 hours of continuing education units approved by the certification organization during the two-year license renewal period, which shall include six hours of ethics and law, six hours of cooccurring disorder, and three hours of cultural competency. -(c) The department may revoke a license issued pursuant to this chapter if either of the following occurs: -(1) The licensee loses his or her credential granted by the certifying organization. -(2) The licensee has been convicted of a felony charge that is substantially related to the qualifications, functions, or duties of a licensed alcohol and drug counselor. A plea of guilty or nolo contendere to a felony charge shall be deemed a conviction for the purposes of this paragraph. -4458. -The bureau shall establish the fees for an initial alcohol and drug counselor license or a renewal license in an amount reasonably related to the department’s actual costs in performing its duties under this chapter not to exceed two hundred dollars ($200). -4459. -(a) Before issuing a license, the bureau shall review both the state and federal level criminal history of the applicant. -(b) (1) (A) The department shall deny, suspend, delay, or set aside a person’s license if, at the time of the department’s determination, the person has a criminal conviction or criminal charge pending, relating to an offense, the circumstances of which substantially relate to actions as a licensed alcohol and drug counselor. -(B) An applicant who has a criminal conviction or pending criminal charge shall request the appropriate authorities to provide information about the conviction or charge directly to the department in sufficient specificity to enable the department to make a determination as to whether the conviction or charge is substantially related to actions as a licensed alcohol and drug counselor. -(2) However, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the department may waive the requirements of this subdivision if the department finds any of the following: -(A) For waiver of a felony conviction, more than five years has elapsed since the date of the conviction. At the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on post-release community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service. -(B) For waiver of a misdemeanor conviction or violation, at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on post-release community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service. -(C) The applicant is capable of practicing licensed alcohol and drug treatment counselor services in a competent and professional manner. -(D) Granting the waiver will not endanger the public health, safety, or welfare. -(E) The applicant has not been convicted of a felony sexual offense. -Article 3. Construction of Chapter -4460. -(a) This chapter does not constrict, limit, or prohibit a facility or program that is licensed or certified by this state, a county-contracted alcohol and drug treatment facility or program, or a driving-under-the-influence program from employing or contracting with an alcohol and drug counselor who is certified by a certifying organization accredited and approved by this state pursuant to Chapter 8 (commencing with Section 13000) of Division 4 of Title 9 of the California Code of Regulations as that chapter read on January 1, 2017. -(b) This chapter does not require a facility or program licensed or certified by this state, a county-operated or contracted alcohol and drug treatment program or facility, or a driving-under-the-influence program to utilize the services of an alcohol and drug counselor licensed pursuant to this chapter.","Existing law provides for the registration, certification, and licensure of various healing arts professionals. Existing law provides for various programs to eliminate alcohol and drug abuse, and states the finding of the Legislature that state government has an affirmative role in alleviating problems related to the inappropriate use of alcoholic beverages and other drug use. -This bill, among other things, -would establish the Alcohol and Drug Counseling Professional Bureau within the Department of Consumer Affairs, specify the bureau’s powers and duties, and authorize the bureau to adopt necessary rules and regulations. The bill -would prohibit -any -a -person from using the title licensed alcohol and drug counselor unless the person had applied for and obtained a license from the -State Department of Health Care Services -bureau -and would specify the minimum qualifications for a license, including, but not limited to, educational qualifications, being currently credentialed as an advanced alcohol and drug counselor, and having submitted to a criminal background check. The bill would provide that a license for an alcohol and drug counselor would be valid for 2 years unless at any time during that period it is revoked or suspended, that the license would be authorized to be renewed prior to the expiration of the 2-year period, and that a licensee fulfill continuing education requirements prior to renewal. The bill would also require -that the license fee -the bureau to establish the fees -for an -original -initial -alcohol and drug counselor license and -the license -a -renewal -fee be -license in an amount -reasonably related to the -department’s -bureau’s -actual costs in performing its -duties under this part, -duties, -but to not exceed $200. -This bill would require the -department -bureau -to -ensure that -review -the state and federal level criminal history of the applicant -is reviewed -before issuing a license, and the -department -bureau -would be required, with exceptions, to deny, suspend, delay, or set aside a person’s license if, at the time of the -department’s -bureau’s -determination, the person has a criminal conviction or pending criminal charge relating to an offense, the circumstances of which substantially relate to actions as a licensed alcohol and drug counselor. -The bill would also require the department to oversee the disciplinary actions of certifying organizations it approves, as provided.","An act to add -Part 6.5 -Chapter 9.7 -(commencing with Section -1179.80) -4450) -to Division -1 of, -2 of -the -Health -Business -and -Safety -Professions -Code, relating to alcohol and drug counselors." -305,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7282.5 is added to the Revenue and Taxation Code, to read: -7282.5. -(a) For purposes of this section, the following terms have the following meanings: -(1) “Collecting platform” means a platform that elects to assume the responsibility for collecting and remitting to a city, county, or city and county on behalf of an operator, the amount of any tax levied pursuant to an ordinance adopted pursuant to this chapter on a rental transaction that is facilitated by the platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator. -(2) “Collecting jurisdiction” means a city, county, or city and county that elects to retain the responsibility for collecting a tax levied pursuant to an ordinance adopted pursuant to this chapter directly from operators, rather than having a collecting platform collect and remit the tax on an operator’s behalf pursuant to subdivision (b). -(3) “Operator” means a person offering, through a platform, to make a unit available for tourist or transient use. -(4) “Platform” means a marketplace that is created for the primary purpose of facilitating the rental of a unit offered for occupancy for tourist or transient use for compensation to the operator of that unit, and the owner of the marketplace derives revenues, including booking fees or advertising revenues, from providing or maintaining that marketplace. “Facilitating” includes, but is not limited to, the act of allowing the operator of the unit to offer or advertise the unit on the Internet Web site provided or maintained by the owner of the platform. -(b) On and after July 1, 2017, every collecting platform shall collect on behalf of an operator the amount of any tax levied pursuant to an ordinance adopted pursuant to this chapter on every rental transaction that is facilitated by the collecting platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator and is not located within a collecting jurisdiction. The collecting platform shall remit the amount to the city, county, or city and county that levied the tax pursuant to applicable requirements of local ordinances governing the tax. -(c) (1) On or before March 1, 2017, the Controller shall develop and publicly notice both of the following: -(A) Procedures that a platform shall use to notify the Controller if the platform elects to become a collecting platform. -(B) Procedures that a city, county, or city and county shall use to notify the Controller if the city, county, or city and county elects to become a collecting jurisdiction. -(2) The Controller shall also develop and publicly notice both of the following: -(A) Procedures that a collecting platform shall use to notify the Controller if the collecting platform discontinues its election to become a collecting platform. -(B) Procedures that a collecting jurisdiction shall use to notify the Controller if the collecting jurisdiction discontinues its election to become a collecting jurisdiction. -(d) (1) On or before April 30, 2017, a platform may elect to become a collecting platform by using the procedures developed pursuant to paragraph (1) of subdivision (c) to notify the Controller of the platform’s election. -(2) On or before April 30, 2017, a city, county, or city and county may elect to become a collecting jurisdiction by using the procedures developed pursuant to paragraph (1) of subdivision (c) to notify the Controller of the city’s, county’s, or city and county’s election. The legislative body of the city, county, or city and county shall approve the notice in a public hearing before submitting the notice to the Controller. -(3) An election made pursuant to this subdivision is effective upon receipt by the Controller and until discontinued by the platform or city, county, or city and county pursuant to subdivision (f). -(4) The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform and each city, county, or city and county that has provided a notice to the Controller pursuant to this subdivision as soon as possible upon receipt, but in no event later than May 31, 2017. -(e) On or after July 1, 2017, a platform that did not elect to become a collecting platform pursuant to subdivision (d) may elect to become a collecting platform by using the procedures developed pursuant to paragraph (1) of subdivision (c) to notify the Controller of the platform’s election. An election made pursuant to this subdivision is effective six months after receipt by the Controller or the date specified in the notice, whichever is later, and until discontinued by the platform pursuant to subdivision (f). The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform that has provided a notice to the Controller pursuant to this subdivision as soon as possible upon receipt. -(f) (1) On or before June 30, 2019, or June 30 of any odd-numbered year thereafter, a collecting platform may elect to discontinue its status as a collecting platform by using the procedures developed pursuant to paragraph (2) of subdivision (c) to notify the Controller of the collecting platform’s election. -(2) On or before June 30, 2019, or June 30 of any odd-numbered year thereafter, a collecting jurisdiction may elect to discontinue its status as a collecting jurisdiction, or a city, county, or city and county may elect to become a collecting jurisdiction, by using the procedures developed pursuant to subdivision (c) to notify the Controller of the collecting jurisdiction’s or city’s, county’s, or city and county’s election. -(3) An election made pursuant to this subdivision is effective on July 1, 2020 or, if the election is submitted on or before June 30 of an odd-numbered year thereafter, July 1 of the first even-numbered year after the election, whichever is later. -(g) (1) Commencing on January 1, 2017, and by December 31 of each year thereafter, the Controller shall review or audit a collecting platform’s collection and remittance of tax revenue pursuant to subdivision (b). For each collecting platform reviewed or audited, the Controller shall submit a report to each city, county, or city and county in which the collecting platform collected and remitted taxes. The report shall contain a description of the review or audit findings and identify any errors in the collection and remittance of tax revenues within each city, county, or city and county that were determined as a result of the review or audit. The audit or review shall not reveal any personally identifiable taxpayer or operator information, including, but not limited, to a taxpayer’s or operator’s name and property address. -(2) It is unlawful for the Controller, any person having an administrative duty under this section, or any person who obtains access to information contained in, or derived from, any audit or review, report, or other records of the Controller pursuant to this section, to make known in any manner whatever the business affairs, operations, or any other information pertaining to any platform or any other person required to provide information subject to audit or review to the Controller or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any such information provided to the Controller, or to permit any audit or review or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person. -(3) When requested by a city, county, or city and county that is not a collecting jurisdiction, the Controller shall permit any duly authorized officer or employee of that city, county, or city and county to examine the records of the Controller pertaining to the audit or review of collections by a platform within that city, county, or city and county. Except as otherwise provided herein, this paragraph shall not be construed to allow any officer or employee of that city, county, or city and county to examine any records of any platform. Information obtained by examination of Controller records as permitted in this paragraph shall be used only for purposes related to the collection of local transient occupancy tax. -(4) If the Controller believes that any information obtained pursuant to paragraph (3) has been disclosed to any person or has been used for purposes not permitted by paragraph (3), then notwithstanding paragraph (3), the Controller may impose conditions on access to the Controller’s records that the Controller considers reasonable in order to protect the confidentiality of those records. -(5) A platform, city, county, or city and county may appeal any findings identified in a review or audit report submitted pursuant to paragraph (1) by providing a notice of appeal to the Controller’s General Counsel. The notice of appeal shall be filed within 60 days from the date of the final review or audit report and shall identify the issues being appealed and the basis and reason for the appeal. The Controller’s General Counsel shall review the issued appealed and may hold an informal appeal conference for purposes of taking additional information and shall issue a determination within 90 days of receipt of the appeal. -(6) The Controller may recover the reasonable costs, measured by the Controller’s standard rate, of an audit or review conducted pursuant to paragraph (1) from the collecting platform that was audited or reviewed. -(h) Unless the platform and the city, county, or city and county mutually agree to terminate the agreement, all of the following shall apply to a platform and a city, county, or city and county that, on or before June 1, 2016, have entered into a binding legal agreement relating to the collection of any tax levied pursuant to this chapter: -(1) The platform and the city, county, or city and county shall continue to be bound by the agreement and any election made by the platform or the city, county, or city and county pursuant to this section shall not be effective as to any other party to the agreement. -(2) The platform and the city, county, or city and county shall notify the Controller of the agreement. -(3) The platform’s collection or remittance of taxes levied pursuant to this chapter pursuant to the agreement shall not be subject to review or audit by the Controller pursuant to subdivision (g). -(i) A collecting platform that complies with review or audit parameters established by the Controller pursuant to this section shall not be required to provide to any local jurisdiction, including a collecting jurisdiction, personally identifiable information relating to operators using the collecting platform, or concerning transactions facilitated in the local jurisdiction by the collecting platform. -(j) This section does not limit the existing authority of a local jurisdiction to regulate operators, including any local regulation that requires operators to provide information concerning transactions conducted in the jurisdiction, provided that the requirements do not discriminate against transactions facilitated through a platform. -SEC. 2. -The Legislature finds and declares that providing short-term rental online platforms with uniform transient occupancy tax administration requirements will establish a level playing field among all providers and decrease the cost of complying with statutory collection and remittance requirements, and is therefore a matter of statewide concern and shall apply to charter cities, charter counties, and charter cities and counties. -SEC. 3. -The Legislature finds and declares that Section 1 of this act, which adds Section 7282.5 to the Revenue and Taxation Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -Limiting disclosure of records obtained or generated by the Controller or a city, county, or city and county pertaining to audits or reviews of a platform’s collection and remittance of transient occupancy taxes furthers the purposes of Section 3 of Article I of the California Constitution by appropriately balancing the interest in public disclosure with the interest in preserving the confidentiality of taxpayer information and ensuring that this information is not used for improper purposes. -SEC. 4. -The Legislature finds and declares that Section 1 of this act, which adds Section 7282.5 to the Revenue and Taxation Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: -The preservation of the confidentiality of taxpayer information is furthered by ensuring that cities, counties, and cities and counties do not disclose information contained in, or derived from, any audit or review conducted by the Controller of a platform’s collection and remittance of transient occupancy taxes. -SECTION 1. -Section 53051 of the -Government Code -is amended to read: -53051. -(a)Within 50 working days after the date of commencement of its legal existence, the governing body of each public agency shall file with the Secretary of State on a form prescribed by the Secretary of State and also with the county clerk of each county in which the public agency maintains an office, a statement of the following facts: -(1)The full, legal name of the public agency. -(2)The official mailing address of the governing body of the public agency. -(3)The name and residence or business address of each member of the governing body of the public agency. -(4)The name, title, and residence or business address of the chairman, president, or other presiding officer, and clerk or secretary of the governing body of such public agency. -(b)Within 10 working days after any change in the facts required to be stated pursuant to subdivision (a), an amended statement containing the information required by subdivision (a) shall be filed as provided therein. The information submitted to the Secretary of State shall be on a form prescribed by the Secretary of State. -(c)It shall be the duty of the Secretary of State and of the county clerk of each county to establish and maintain an indexed “Roster of Public Agencies,” to be so designated, which shall contain all information filed as required in subdivisions (a) and (b), which roster is hereby declared to be a public record.","(1) Existing law authorizes a city, county, or city and county to impose a tax on the privilege of occupying a room or other living space in a hotel, inn, tourist home or house, motel, or other lodging unless the occupancy is for a period of more than 30 days. -This bill, on and after July 1, 2017, would require every platform, as defined, that elects to assume the responsibility of collecting and remitting transient occupancy taxes on behalf of an operator to collect and remit the amount of the tax levied on a rental transaction facilitated by the platform for a unit that is offered for tourist or transient use and is located within a city, county, or city and county that has not elected to retain the responsibility for directly collecting the tax from operators, as specified. The bill would authorize a platform to make its election to assume responsibility, and a city, county, or city and county to make its election to retain responsibility, by notifying the Controller of the election on or before April 30, 2017. The bill would authorize a platform that does not make its election by April 30, 2017, to elect to assume responsibility by notifying the Controller on or after July 1, 2017, and would make this election effective 6 months after the Controller’s receipt of the notification or on the date specified in the notice, whichever is later. The bill would authorize a platform to discontinue an election, and a city, county, or city and county to make or discontinue an election, by notifying the Controller on or before June 30, 2019, or June 30 of any odd-numbered year thereafter, and would make this discontinuance or election effective on July 1, 2020, or July 1 of the first even-numbered year after notification. -This bill, commencing on January 1, 2017, and by December 31 of each year thereafter, would require the Controller to review or audit a platform’s collection and remittance of tax revenue pursuant to the bill and would prohibit the Controller or any person who obtains access to information contained in, or derived from, the review or audit to disclose information pertaining to any platform or other person required to provide information subject to audit or review, as specified. The bill would provide that a platform and a city, county, or city and county that, on or before June 1, 2016, have entered into a binding legal agreement relating to the collection of transient occupancy taxes are bound by the agreement and are required to notify the Controller of the agreement, that any election made to the Controller by the platform or the city, county, or city and county is not effective as to any other party to the agreement, and that the platform’s collection and remittance of transient occupancy taxes pursuant to the agreement are not subject to audit or review by the Controller pursuant to the bill, unless the platform and the city, county, and city and county mutually agree to terminate the agreement. -(2) The California Constitution authorizes a city or county to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. -This bill would find and declare that providing short-term rental online platforms with uniform transient occupancy tax administration requirements is a matter of statewide concern, and that the bill therefore applies to charter cities, charter counties, and charter cities and counties. -(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect. -(4) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. -This bill would make legislative findings to that effect. -Existing law requires the governing body of each public agency, as defined, within 70 days after the commencement of its legal existence, to file, with the Secretary of State and the county clerk of each county in which the public agency maintains an office, a statement containing specified information about the public agency and its governing board and officers. Existing law requires, within 10 days after any change in that information, an amended statement to be filed. -This bill instead would require the statement to be filed within 50 working days after the date of commencement of an agency legal existence and would require an amended statement to be filed within 10 working days after any change in the information.","An act to -amend Section 53051 of the Government -add Section 7282.5 to the Revenue and Taxation -Code, relating to -local government. -hosting platforms." -306,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17053.5 of the Revenue and Taxation Code is amended to read: -17053.5. -(a) (1) For a qualified renter, there shall be allowed a credit against his or her “net tax,” as defined in Section 17039. The amount of the credit shall be as follows: -(A) For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred twenty dollars ($120) -for taxable years beginning before January 1, 2016, and two hundred dollars ($200) for taxable years beginning on or after January 1, 2016, -if adjusted gross income is fifty thousand dollars ($50,000) or less. -(B) For other individuals, the credit shall be equal to sixty dollars ($60) -for taxable years beginning before January 1, 2016, and one hundred dollars ($100) for taxable years beginning on or after January 1, 2016, -if adjusted gross income is twenty-five thousand dollars ($25,000) or less. -(2) Except as provided in subdivision (b), a husband and wife shall receive but one credit under this section. If the husband and wife file separate returns, the credit may be taken by either or equally divided between them, except as follows: -(A) If one spouse was a resident for the entire taxable year and the other spouse was a nonresident for part or all of the taxable year, the resident spouse shall be allowed one-half the credit allowed to married persons and the nonresident spouse shall be permitted one-half the credit allowed to married persons, prorated as provided in subdivision (e). -(B) If both spouses were nonresidents for part of the taxable year, the credit allowed to married persons shall be divided equally between them subject to the proration provided in subdivision (e). -(b) For a husband and wife, if each spouse maintained a separate place of residence and resided in this state during the entire taxable year, each spouse will be allowed one-half the full credit allowed to married persons provided in subdivision (a). -(c) For purposes of this section, a “qualified renter” means an individual who satisfies both of the following: -(1) Was a resident of this state, as defined in Section 17014. -(2) Rented and occupied premises in this state which constituted his or her principal place of residence during at least 50 percent of the taxable year. -(d) “Qualified renter” does not include any of the following: -(1) An individual who for more than 50 percent of the taxable year rented and occupied premises that were exempt from property taxes, except that an individual, otherwise qualified, is deemed a qualified renter if he or she or his or her landlord pays possessory interest taxes, or the owner of those premises makes payments in lieu of property taxes that are substantially equivalent to property taxes paid on properties of comparable market value. -(2) An individual whose principal place of residence for more than 50 percent of the taxable year is with another person who claimed that individual as a dependent for income tax purposes. -(3) An individual who has been granted or whose spouse has been granted the homeowners’ property tax exemption during the taxable year. This paragraph does not apply to an individual whose spouse has been granted the homeowners’ property tax exemption if each spouse maintained a separate residence for the entire taxable year. -(e) An otherwise qualified renter who is a nonresident for any portion of the taxable year shall claim the credits set forth in subdivision (a) at the rate of one-twelfth of those credits for each full month that individual resided within this state during the taxable year. -(f) A person claiming the credit provided in this section shall, as part of that claim, and under penalty of perjury, furnish that information as the Franchise Tax Board prescribes on a form supplied by the board. -(g) The credit provided in this section shall be claimed on returns in the form as the Franchise Tax Board may from time to time prescribe. -(h) For purposes of this section, “premises” means a house or a dwelling unit used to provide living accommodations in a building or structure and the land incidental thereto, but does not include land only, unless the dwelling unit is a mobilehome. The credit is not allowed for any taxable year for the rental of land upon which a mobilehome is located if the mobilehome has been granted a homeowners’ exemption under Section 218 in that year. -(i) This section shall become operative on January 1, 1998, and applies to any taxable year beginning on or after January 1, 1998. -(j) For each taxable year beginning on or after January 1, 1999, the Franchise Tax Board shall recompute the adjusted gross income amounts set forth in subdivision (a). The computation shall be made as follows: -(1) The Department of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index for all items from June of the prior calendar year to June of the current year, no later than August 1 of the current calendar year. -(2) The Franchise Tax Board shall compute an inflation adjustment factor by adding 100 percent to the portion of the percentage change figure which is furnished pursuant to paragraph (1) and dividing the result by 100. -(3) The Franchise Tax Board shall multiply the amount in subparagraph (B) of paragraph (1) of subdivision (d) for the preceding taxable year by the inflation adjustment factor determined in paragraph (2), and round off the resulting products to the nearest one dollar ($1). -(4) In computing the amounts pursuant to this subdivision, the amounts provided in subparagraph (A) of paragraph (1) of subdivision (a) shall be twice the amount provided in subparagraph (B) of paragraph (1) of subdivision (a). -SECTION 1. -Section 17053.5 of the -Revenue and Taxation Code -is amended to read: -17053.5. -(a)(1)For a qualified renter, there shall be allowed a credit against his or her “net tax,” as defined in Section 17039. The amount of the credit shall be as follows: -(A)For taxable years beginning before January 1, 2017: -(i) -For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred twenty dollars ($120) if adjusted gross income is fifty thousand dollars ($50,000) or less. -(ii) -For other individuals, the credit shall be equal to sixty dollars ($60) if adjusted gross income is twenty-five thousand dollars ($25,000) or less. -(B)For taxable years beginning on or after January 1, 2017: -(i)For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred eighty-four dollars ($184) if adjusted gross income is one hundred thousand dollars ($100,000) or less. -(ii)For other individuals, the credit shall be equal to ninety-two dollars ($92) if adjusted gross income is fifty thousand dollars ($50,000) or less. -(2)Except as provided in subdivision (b), a husband and wife shall receive one credit under this section. If the husband and wife file separate returns, the credit may be taken by either or equally divided between them, except as follows: -(A)If one spouse was a resident for the entire taxable year and the other spouse was a nonresident for part or all of the taxable year, the resident spouse shall be allowed one-half the credit allowed to married persons and the nonresident spouse shall be permitted one-half the credit allowed to married persons, prorated as provided in subdivision (e). -(B)If both spouses were nonresidents for part of the taxable year, the credit allowed to married persons shall be divided equally between them subject to the proration provided in subdivision (e). -(b)For a husband and wife, if each spouse maintained a separate place of residence and resided in this state during the entire taxable year, each spouse will be allowed one-half the full credit allowed to married persons provided in subdivision (a). -(c)For purposes of this section, a “qualified renter” means an individual who satisfies both of the following: -(1)Was a resident of this state, as defined in Section 17014. -(2)Rented and occupied premises in this state which constituted his or her principal place of residence during at least 50 percent of the taxable year. -(d)“Qualified renter” does not include any of the following: -(1)An individual who for more than 50 percent of the taxable year rented and occupied premises that were exempt from property taxes, except that an individual, otherwise qualified, is deemed a qualified renter if he or she or his or her landlord pays possessory interest taxes, or the owner of those premises makes payments in lieu of property taxes that are substantially equivalent to property taxes paid on properties of comparable market value. -(2)An individual whose principal place of residence for more than 50 percent of the taxable year is with any other person who claimed that individual as a dependent for income tax purposes. -(3)An individual who has been granted or whose spouse has been granted the homeowners’ property tax exemption during the taxable year. This paragraph does not apply to an individual whose spouse has been granted the homeowners’ property tax exemption if each spouse maintained a separate residence for the entire taxable year. -(e)An otherwise qualified renter who is a nonresident for any portion of the taxable year shall claim the credits set forth in subdivision (a) at the rate of one-twelfth of those credits for each full month that individual resided within this state during the taxable year. -(f)A person claiming the credit provided in this section shall, as part of that claim, and under penalty of perjury, furnish that information as the Franchise Tax Board prescribes on a form supplied by the board. -(g)The credit provided in this section shall be claimed on returns in the form as the Franchise Tax Board may from time to time prescribe. -(h)For purposes of this section, “premises” means a house or a dwelling unit used to provide living accommodations in a building or structure and the land incidental thereto, but does not include land only, unless the dwelling unit is a mobilehome. The credit is not allowed for any taxable year for the rental of land upon which a mobilehome is located if the mobilehome has been granted a homeowners’ exemption under Section 218 in that year. -(i)This section shall become operative on January 1, 1998, and applies to any taxable year beginning on or after January 1, 1998. -(j)For each taxable year beginning on or after January 1, 1999, and before January 1, 2017, and for each taxable year beginning on or after January 1, 2018, the Franchise Tax Board shall recompute the adjusted gross income amounts set forth in subparagraphs (A) and (B), respectively, of paragraph (1) of subdivision (a). The computation shall be made as follows: -(1)The Department of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index for all items from June of the prior calendar year to June of the current year, no later than August 1 of the current calendar year. -(2)The Franchise Tax Board shall compute an inflation adjustment factor by adding 100 percent to that portion of the percentage change figure furnished pursuant to paragraph (1) and dividing the result by 100. -(3)The Franchise Tax Board shall multiply the amounts in paragraph (1) of subdivision (a) for the preceding taxable year by the inflation adjustment factor determined in paragraph (2), and round off the resulting products to the nearest one dollar ($1). -(4)(A)In computing the amounts pursuant to this subdivision, the amounts provided in clause (i) of subparagraph (A) of paragraph (1) of subdivision (a) shall be twice the amount provided in clause (ii) of subparagraph (A) of paragraph (1) of subdivision (a). -(B)In computing the amounts pursuant to this subdivision, the amounts provided in clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) shall be twice the amount provided in clause (ii) of subparagraph (B) of paragraph (1) of subdivision (a). -SEC. 2. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for married couples filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000, as adjusted currently to $76,518, or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000, as adjusted currently to $38,259, or less. -This -bill would, -bill, -for taxable years beginning on and after January 1, -2017, -2016, instead would -increase this credit for a qualified renter to -$184 -$200 -for married couples filing joint returns, heads of household, and surviving spouses, -if adjusted gross income is $100,000 or less and to an amount equal -and -to -$92 -$100 -for other -individuals whose adjusted gross income is $50,000 or less. The bill would require the Franchise Tax Board to annually adjust the adjusted gross income amounts for inflation, beginning January 1, 2018. -individuals. -This bill would take effect immediately as a tax levy.","An act to amend Section 17053.5 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -307,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) All citizens should be able to make their voices heard in the political process and hold their elected officials accountable. -(b) Elections for local or state elective office should be fair, open, and competitive. -(c) The increasing costs of political campaigns can force candidates to rely on large contributions from wealthy donors and special interests, which can give those wealthy donors and special interests disproportionate influence over governmental decisions. -(d) Such disproportionate influence can undermine the public’s trust that public officials are performing their duties in an impartial manner and that government is serving the needs and responding to the wishes of all citizens equally, without regard to their wealth. -(e) Special interests contribute more to incumbents than challengers because they seek access to elected officials, and such contributions account for a large portion of the financial incumbency advantage, as confirmed by recent studies such as those published in the Journal of Politics in 2014 and Political Research Quarterly in 2016. -(f) Citizen-funded election programs, in which qualified candidates can receive public funds for the purpose of communicating with voters rather than relying exclusively on private donors, have been enacted in six charter cities in California, as well as numerous other local and state jurisdictions. -(g) Citizen-funded election programs encourage competition by reducing the financial advantages of incumbency and making it possible for citizens from all walks of life, not only those with connections to wealthy donors or special interests, to run for office, as confirmed by recent studies such as those published in State Politics and Policy Quarterly in 2008, and by the Campaign Finance Institute in 2015 and the National Institute of Money in State Politics in 2016. -(h) By reducing reliance on wealthy donors and special interests, citizen-funded election programs inhibit improper practices, protect against corruption or the appearance of corruption, and protect the political integrity of our governmental institutions. -(i) In Johnson v. Bradley (1992) 4 Cal.4th 389, the California Supreme Court commented that “it seems obvious that public money reduces rather than increases the fund raising pressures on public office seekers and thereby reduces the undue influence of special interest groups.” -(j) In Buckley v. Valeo (1976) 424 U.S. 1, the United States Supreme Court recognized that “public financing as a means of eliminating the improper influence of large private contributions furthers a significant governmental interest.” -(k) In Arizona Free Enterprise v. Bennett (2011) 564 U.S. 721, the United States Supreme Court acknowledged that public financing of elections “can further ‘significant governmental interest[s]’ such as the state interest in preventing corruption,” quoting Buckley v. Valeo. -(l) In Buckley v. Valeo, the United States Supreme Court further noted that citizen-funded elections programs “facilitate and enlarge public discussion and participation in the electoral process, goals vital to a self-governing people.” -(m) The absolute prohibition on public campaign financing allows special interests to gain disproportionate influence and unfairly favors incumbents. An exception should be created to permit citizen-funded election programs so that elections may be conducted more fairly. -SEC. 2. -Section 85300 of the Government Code is amended to read: -85300. -(a) Except as provided in subdivision (b), a public officer shall not expend, and a candidate shall not accept, any public moneys for the purpose of seeking elective office. -(b) A public officer or candidate may expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity establishes a dedicated fund for this purpose by statute, ordinance, resolution, or charter, and both of the following are true: -(1) Public moneys held in the fund are available to all qualified, voluntarily participating candidates for the same office without regard to incumbency or political party preference. -(2) The state or local governmental entity has established criteria for determining a candidate’s qualification by statute, ordinance, resolution, or charter. -SEC. 3. -Section 89519.5 is added to the Government Code, to read: -89519.5. -(a) An officeholder who is convicted of a felony enumerated in Section 20 of the Elections Code, and whose conviction has become final, shall use funds held by the officeholder’s candidate controlled committee only for the following purposes: -(1) The payment of outstanding campaign debts or elected officer’s expenses. -(2) The repayment of contributions. -(b) Six months after the conviction becomes final, the officeholder shall forfeit any remaining funds subject to subdivision (a), and these funds shall be deposited in the General Fund. -(c) This section does not apply to funds held by a ballot measure committee or in a legal defense fund formed pursuant to Section 85304. -SEC. 4. -The provisions of this bill are severable. If any provision of this bill or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 6. -The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.","Existing law prohibits a person who has been convicted of a felony involving bribery, embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes, from being considered a candidate for, or elected to, a state or local elective office. Existing law, the Political Reform Act of 1974, provides that campaign funds under the control of a former candidate or elected officer are considered surplus campaign funds at a prescribed time, and it prohibits the use of surplus campaign funds except for specified purposes. -This bill would prohibit an officeholder who is convicted of one of those enumerated felonies from using funds held by that officeholder’s candidate controlled committee for purposes other than certain purposes permitted for the use of surplus campaign funds. The bill would also require the officeholder to forfeit any remaining funds held 6 months after the conviction became final, and it would direct those funds to be deposited in the General Fund. -The Political Reform Act of 1974 prohibits a public officer from expending, and a candidate from accepting, public moneys for the purpose of seeking elective office. -This bill would permit a public officer or candidate to expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity established a dedicated fund for this purpose, as specified. -A violation of the act’s provisions is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a -2/3 -vote of each house and compliance with specified procedural requirements. -This bill would declare that it furthers the purposes of the act.","An act to amend Section 85300 of, and to add Section 89519.5 to, the Government Code, relating to the Political Reform Act of 1974." -308,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 21505 of the Elections Code is repealed. -SEC. 2. -Section 21605 of the Elections Code is repealed. -SEC. 3. -Chapter 9 (commencing with Section 23000) is added to Division 21 of the Elections Code, to read: -CHAPTER 9. Advisory and Independent Redistricting Commissions -23000. -For purposes of this chapter, the following terms have the following meanings: -(a) “Advisory redistricting commission” means a body that recommends to a legislative body placement of the district boundaries for that legislative body. -(b) “Family member” means a spouse, registered domestic partner, parent, sibling, child, or in-law. -(c) “Independent redistricting commission” means a body, other than a legislative body, that is empowered to adopt the district boundaries of a legislative body. -(d) “Legislative body” means either a city council of a general law city or a county board of supervisors. -(e) “Local jurisdiction” means either a general law city or a county. -23001. -A local jurisdiction may establish by resolution or ordinance an independent redistricting commission or an advisory redistricting commission composed of residents of the local jurisdiction to change the legislative body’s district boundaries or to recommend to the legislative body changes to those district boundaries. -23002. -(a) This section applies to advisory redistricting commissions. -(b) Notwithstanding any other law, the local jurisdiction may prescribe the manner in which members are appointed to the commission. -(c) A person who is an elected official of the local jurisdiction, or a family member, staff member, or paid campaign staff of an elected official of the local jurisdiction, shall not be appointed to serve on the commission. -(d) The commission shall submit a report to the legislative body of its findings on the need for changes to the boundaries, and its recommended changes, within six months after the final population figures determined in each federal decennial census have been released, but in any event not later than August 1 of the year following the year in which the census is taken. -23003. -(a) This section applies to independent redistricting commissions. -(b) Notwithstanding any other law, the local jurisdiction may prescribe the manner in which members are appointed to the commission, provided that the jurisdiction uses an application process open to all eligible residents. A local jurisdiction may also impose additional qualifications and restrictions on members of the commission in excess of those prescribed by this section. -(c) A person, or the family member of a person, who has done any of the following in the preceding eight years, shall not be appointed to serve on a commission: -(1) Been elected or appointed to, or been a candidate for, an elective office of the local jurisdiction. -(2) Served as an officer of, employee of, or paid consultant to, a campaign committee or a candidate for elective office of the local jurisdiction. -(3) Served as an officer of, employee of, or paid consultant to, a political party or as an elected or appointed member of a political party central committee. -(4) Served as a staff member of, consultant to, or contracted with, a currently serving elected officer of the local jurisdiction. -(5) Been registered to lobby the local jurisdiction. -(6) Contributed five hundred dollars ($500) or more in a year to any candidate for an elective office of the local jurisdiction. The local jurisdiction may adjust this amount by the cumulative change in the California Consumer Price Index, or its successor, in every year ending in zero. -(d) A member of the commission shall not do any of the following: -(1) While serving on the commission, endorse, work for, volunteer for, or make a campaign contribution to, a candidate for an elective office of the local jurisdiction. -(2) Be a candidate for an elective office of the local jurisdiction for 10 years commencing with the date of his or her appointment to the commission. -(3) For four years commencing with the date of his or her appointment to the commission: -(A) Accept an appointment to an office of the local jurisdiction. -(B) Accept employment as a staff member of, or consultant to, an elected official or candidate for elective office of the local jurisdiction. -(C) Receive a noncompetitively bid contract with the local jurisdiction. -(D) Register as a lobbyist for the local jurisdiction. -(e) A commission established pursuant to this section shall not be comprised entirely of members who are registered to vote with the same political party preference. -(f) Each member of the commission shall be a designated employee in the conflict of interest code for the commission pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code. -(g) The commission is subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). -(h) The commission shall adopt new boundaries within six months after the final population figures determined in each federal decennial census have been released, but in any event not later than November 1 of the year following the year in which the census is taken. A map of the proposed boundaries shall be published and made available to the public for at least seven days before being adopted. Before adopting new boundaries, the commission shall hold at least three public hearings preceding the hearing at which the new boundaries are adopted. The commission shall not draw districts for the purpose of favoring or discriminating against an incumbent or political candidate.","Existing law authorizes a county board of supervisors to appoint a committee, composed of county residents, to study the matter of changing the boundaries of its supervisorial districts. Existing law directs a committee created pursuant to that provision to report its findings to the board of supervisors, as specified, and it expressly states that recommendations of the committee are advisory only. Existing law similarly authorizes a city council to appoint a committee, composed of city residents, to study the matter of changing the boundaries of its council districts, directs a committee so created to report its findings to the city council, and expressly states that recommendations of the committee are advisory only. -This bill would delete those provisions and instead authorize a county or general law city to establish a commission, composed of residents of the county or city, to either change the boundaries of the districts or recommend to the governing body changes to the boundaries of the districts. The bill would also require an advisory commission that recommends changes to district boundaries to report to the governing body its findings on the need for changes to the boundaries. For a commission empowered to change district boundaries, this bill would prohibit the appointment of a person or family member, as defined, of a person who engaged in specified activities during the preceding 8 years, and it would also prohibit commission members from engaging in specified activities while serving and for a specified period of time after serving.","An act to add Chapter 9 (commencing with Section 23000) to Division 21 of, and to repeal Sections 21505 and 21605 of, the Elections Code, relating to elections." -309,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 2.92 (commencing with Section 1001.85) is added to Title 6 of Part 2 of the Penal Code, to read: -CHAPTER 2.92. Law Enforcement Assisted Diversion (LEAD) Pilot Program -1001.85. -(a) The Law Enforcement Assisted Diversion (LEAD) pilot program is hereby established. The purpose of the LEAD program is to improve public safety and reduce recidivism by increasing the availability and use of social service resources while reducing costs to law enforcement agencies and courts stemming from repeated incarceration. -(b) LEAD pilot programs shall be consistent with the following principles, implemented to address and reflect the priorities of the community in which the program exists: -(1) Providing intensive case management services and an individually tailored intervention plan that acts as a blueprint for assisting LEAD participants. -(2) Prioritizing temporary and permanent housing that includes individualized supportive services, without preconditions of drug or alcohol treatment or abstinence from drugs or alcohol. -(3) Employing human and social service resources in coordination with law enforcement in a manner that improves individual outcomes and community safety, and promotes community wellness. -(4) Participation in LEAD services shall be voluntary throughout the duration of the program and shall not require abstinence from drug or alcohol use as a condition of continued participation. -1001.86. -(a) The LEAD program shall be administered by the Board of State and Community Corrections. -(b) The board shall award grants, on a competitive basis, to up to three jurisdictions as authorized by this chapter. The board shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following: -(1) Information from the applicant demonstrating a clear understanding of the program’s purpose and the applicant’s willingness and ability to implement the LEAD program as described in this chapter. -(2) Key local partners who would be committed to, and involved in, the development and successful implementation of a LEAD program, including, but not limited to, balanced representation from law enforcement agencies, prosecutorial agencies, public defenders and defense counsel, public health and social services agencies, case management service providers, and any other entities identified by the applicant as integral to the successful implementation of a LEAD program in the jurisdiction. -(3) The jurisdiction’s capacity and commitment to coordinate social services, law enforcement efforts, and justice system decisionmaking processes, and to work to ensure that the discretionary decisions made by each participant in the administration of the program operates in a manner consistent with the purposes of this chapter. -(c) Successful grant applicants shall collect and maintain data pertaining to the effectiveness of the program as indicated by the board in the request for proposals. -1001.87. -(a) LEAD programs funded pursuant to this chapter shall consist of a strategy of effective intervention for eligible participants consistent with the following gateways to services: -(1) Prebooking referral. As an alternative to arrest, a law enforcement officer may take or refer a person for whom the officer has probable cause for arrest for any of the offenses in subdivision (b) to a case manager to be screened for immediate crisis services and to schedule a complete assessment intake interview. Participation in LEAD diversion shall be voluntary, and the person may decline to participate in the program at any time. Criminal charges based on the conduct for which a person is diverted to LEAD shall not be filed, provided that the person finishes the complete assessment intake interview within a period set by the local jurisdictional partners, but not to exceed 30 days after the referral. -(2) Social contact referral. A law enforcement officer may refer an individual to LEAD whom he or she believes is at high risk of arrest in the future for any of the crimes specified in subdivision (b), provided that the individual meets the criteria specified in this paragraph and expresses interest in voluntarily participating in the program. LEAD may accept these referrals if the program has capacity after responding to prebooking diversion referrals described in paragraph (1). All social contact referrals to LEAD shall meet the following criteria: -(A) Verification by law enforcement that the individual has had prior involvement with low-level drug activity or prostitution. Verification shall consist of any of the following: -(i) Criminal history records, including, but not limited to, prior police reports, arrests, jail bookings, criminal charges, or convictions indicating that he or she was engaged in low-level drug or prostitution activity. -(ii) Law enforcement has directly observed the individual’s low-level drug or prostitution activity on prior occasions. -(iii) Law enforcement has a reliable basis of information to believe that the individual is engaged in low-level drug or prostitution activity, including, but not limited to, information provided by another first responder, a professional, or a credible community member. -(B) The individual’s prior involvement with low-level drug or prostitution activity occurred within the LEAD pilot program area. -(C) The individual’s prior involvement with low-level drug or prostitution activity occurred within 24 months of the date of referral. -(D) The individual does not have a pending case in drug court or mental health court. -(E) The individual is not prohibited, by means of an existing no-contact order, temporary restraining order, or antiharassment order, from making contact with a current LEAD participant. -(b) The following offenses are eligible for either prebooking diversion, social contact referral, or both: -(1) Possession for sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. -(2) Sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. -(3) Possession of a controlled substance or other prohibited substance. -(4) Being under the influence of a controlled substance or other prohibited substance. -(5) Being under the influence of alcohol and a controlled substance or other prohibited substance. -(6) Prostitution pursuant to subdivision (b) of Section 647. -1001.88. -(a) Services provided pursuant to this chapter may include, but are not limited to, case management, housing, medical care, mental health care, treatment for alcohol or substance use disorders, nutritional counseling and treatment, psychological counseling, employment, employment training and education, civil legal services, and system navigation. Grant funding may be used to support any of the following: -(1) Project management and community engagement. -(2) Temporary services and treatment necessary to stabilize a participant’s condition, including necessary housing. -(3) Outreach and direct service costs for services described in this section. -(4) Civil legal services for LEAD participants. -(5) Dedicated prosecutorial resources, including for coordinating any nondiverted criminal cases of LEAD participants. -(6) Dedicated law enforcement resources, including for overtime required for participation in operational meetings and training. -(7) Training and technical assistance from experts in the implementation of LEAD in other jurisdictions. -(8) Collecting and maintaining the data necessary for program evaluation. -(b) The board shall contract with a nonprofit research entity, university, or college to evaluate the effectiveness of the LEAD program. The evaluation design shall include measures to assess the cost-benefit outcomes of LEAD programs compared to booking and prosecution, and may include evaluation elements such as comparing outcomes for LEAD participants to similarly situated offenders who are arrested and booked, the number of jail bookings, total number of jail days, the prison incarceration rate, subsequent felony and misdemeanor arrests or convictions, and costs to the criminal justice and court systems. Savings will be compared to costs of LEAD participation. By January 1, 2020 a report of the findings shall be submitted to the Governor and the Legislature pursuant to Section 9795 of the Government Code. -(c) The board may contract with experts in the implementation of LEAD in other jurisdictions for the purpose of providing technical assistance to participating jurisdictions. -(d) The board shall not spend more than 5 percent annually of the moneys allocated to the program for its administrative costs, excluding the contracts authorized in subdivisions (b) and (c). -1001.89. -This chapter shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SECTION 1. -Chapter 2.92 (commencing with Section 1001.85) is added to Title 6 of Part 2 of the -Penal Code -, to read: -2.92. -Law Enforcement Assisted Diversion -1001.85. -(a)The Board of State and Community Corrections shall approve three counties for the establishment of a Law Enforcement Assisted Diversion (LEAD) pilot program. Interested counties shall submit applications to the board, including information on the manner in which the program will operate in that county, as required by the board. -(b)LEAD pilot programs shall include both of the following: -(1)Authorization for designated peace officers to take a person for whom the officer has probable cause for arrest for any of the following offenses to a drug treatment facility or program for treatment, including detoxification and related services in lieu of that arrest: -(A)Possession for sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. -(B)Sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. -(C)Possession of a controlled substance or other prohibited substance. -(D)Being under the influence of a controlled substance or other prohibited substance. -(E)Being under the influence of alcohol and a controlled substance or other prohibited substance. -(2)Authorization for designated peace officers to take a person for whom the officer has probable cause for arrest for prostitution pursuant to subdivision (b) of Section 647, to an agency or entity that will provide services to that person in lieu of that arrest. Services pursuant to this paragraph may include, but are not limited to, housing, medical care, child care, treatment for alcohol or substance abuse, nutritional counseling and treatment, psychological counseling, employment, and employment training and education. -(c)The Legislature finds and declares that a program similar to the LEAD program has been demonstrated in Seattle, Washington to lower recidivism of participants, increase cooperation by participants in treatment and related programs, and significantly reduce law enforcement and court costs.","Existing law authorizes a county to establish a pretrial diversion program for defendants who have been charged with a misdemeanor offense and authorizes other diversion programs, including for defendants with cognitive developmental disabilities, defendants in nonviolent drug cases, and traffic violations. -This bill would require the Board of State and Community Corrections to approve three counties for the establishment of a Law Enforcement Assisted Diversion (LEAD) pilot program. The bill would require the LEAD pilot programs to authorize designated officers to take a person for whom the officer has probable cause for arrest for specified controlled substances offenses, including possession of a controlled substance or other prohibited substance, or prostitution, to treatment programs and services in lieu of that arrest. -This bill, until January 1, 2020, would establish the Law Enforcement Assisted Diversion (LEAD) pilot program, to be administered by the Board of State and Community Corrections, to improve public safety and reduce recidivism by increasing the availability and use of social service resources while reducing costs to law enforcement agencies and courts stemming from repeated incarceration. The bill would require the board to award grants, on a competitive basis, to up to 3 jurisdictions to establish LEAD programs and would require the board to establish minimum standards, funding schedules, and procedures for awarding grants. The bill would establish requirements for referral of people who may be arrested for, or who have a history of, low-level drug offenses or prostitution, as defined, to social services in lieu of prosecution. The bill would require the board to contract with a nonprofit research entity, university, or college to evaluate the effectiveness of the LEAD program and submit a report of the findings to the Governor and the Legislature by January 1, 2020.","An act to add -and repeal -Chapter 2.92 (commencing with Section 1001.85) of Title 6 of Part 2 of the Penal Code, relating to diversion." -310,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Changes to existing law are necessary to facilitate implementation of reforms that have been recommended by the Parks Forward Commission to ensure vibrant and sustainable parks for all Californians and for present and future generations. -(b) There are numerous existing local, regional, and statewide park support organizations collaborating with the Department of Parks and Recreation, managing and operating state parks, and providing resources and services to state parks. -(c) The Department of Parks and Recreation needs to establish a new strategic partnership with a nonprofit park support organization that would complement and support the work of the department and other park partners by bringing new resources, expertise, and flexibility to assist the department in accomplishing its mission. -SEC. 2. -Article 1.5 (commencing with Section 520) is added to Chapter 1 of Division 1 of the Public Resources Code, to read: -Article 1.5. Park Support Organization -520. -For purposes of this article, the following terms shall have the following meanings: -(a) “Park support organization” means a nonprofit organization that meets all of the following requirements: -(1) Is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. -(2) Is established for the principal purposes of increasing park access and visitation in ways that serve all Californians and visitors to the state, promoting healthy lifestyles and community engagement, and supporting the protection and stewardship of California’s natural, cultural, and historical lands, sites, and resources. -(3) Complies with the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code). -(b) “Priority list” means the annual list of strategic initiatives and projects developed by the department and the park support organization pursuant to Section 523. -521. -(a) The department may enter into a statewide agreement with a park support organization to facilitate the implementation of reforms recommended by the Parks Forward Commission and to develop and secure expertise, services, resources, and projects that are not readily available to the state park system, for all of the following purposes: -(1) To develop and engage new sources of public and private funding for the state park system, including philanthropic sources and enterprise and revenue generation activities, where appropriate. -(2) To support marketing and communications activities that promote the programs, amenities, and resources of the state park system, the department, and its partners. -(3) To support projects and programs that facilitate park access and visitation and enhance educational opportunities, particularly among younger and more diverse audiences. -(4) To promote the health and well-being of the state’s residents. -(5) To establish or improve, and support the completion of projects that establish or improve, state park visitor amenities and facilities. -(6) To recruit more diverse staffing and improve capacity for state park programs. -(7) To advance the protection and stewardship of natural, cultural, and historic lands, sites, and resources. -(b) If the department enters into an agreement with a park support organization, the park support organization, in consultation with the department, shall do all of the following: -(1) Communicate and coordinate with park agencies, partners, friends, and volunteers to ensure that activities undertaken pursuant to the agreement complement, support, facilitate, and amplify ongoing partnerships, programs, and projects in support of the state park system. -(2) Engage with public agencies and organizations that manage, operate, and support other parks and protected lands in the state. -522. -The director and the Director of Finance, or their respective designees, may serve as ex officio, nonvoting members of the park support organization’s board of directors in order to provide for effective communication and coordination of efforts between the departments and the park support organization. -522.5. -The park support organization is not a state agency or state body. -523. -(a) If the department enters into an agreement with a park support organization pursuant to Section 521, the department and the park support organization shall collaborate to develop an annual list of strategic initiatives and projects that are statewide priorities for the state park system and for the park support organization and that the park support organization will undertake in partnership with the department. -(b) (1) Any initiative or project included on the priority list shall be consistent with the purposes specified in subdivision (a) of Section 521. -(2) For the first three years of an agreement entered into pursuant to subdivision (a) of Section 521, the park support organization and the department shall prioritize a limited subset of focus areas and projects from the list of purposes specified in subdivision (a) of Section 521, consistent with paragraph (2) of subdivision (b) of Section 521. -(c) Any initiative or project included on the priority list shall be consistent with Sections 5001.2 and 5019.53 regarding protection of the natural, scenic, cultural, and ecological values of the state park system. -(d) The department shall post a copy of the priority list on its Internet Web site, and shall provide copies of the list to the chairpersons of the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Committee on Natural Resources and Water, and the Assembly Committee on Water, Parks, and Wildlife. -524. -(a) In order to advance the purposes described in subdivision (a) of Section 521, an agreement between the department and the park support organization pursuant to Section 521 shall, at a minimum, include and specify all of the following: -(1) Clear goals and objectives. -(2) Any commitments of oversight, staffing, and coordination that are needed to accomplish the goals and objectives. -(3) The process for developing the priority list pursuant to Section 523. -(b) (1) The department may develop and enter into supplementary agreements with the park support organization for the purposes of securing any expertise, capacity, or financial resources that may be needed to identify, plan, develop, or implement strategic initiatives and projects on the priority list. Any such agreement may include, but not be limited to, grants, contracts, memoranda of understanding, staff-sharing agreements, leases, and rights of entry onto state park property. -(2) Notwithstanding Section 5003.17, the department may lease to the park support organization, for a minimum rental of one dollar ($1.00) per year, real property that is owned by the state and included in any unit of the state park system, if the lease agreement requires the park support organization to construct, or provide for the construction of, a structure or improvement on the leased property and specifies that title to the structure or improvement shall vest in the state at the expiration of the lease term. The agreement may provide for the means or method by which title to the structure or improvement shall vest in the state before the expiration of that term. -(3) Notwithstanding Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, any agreements entered into by the department pursuant to this subdivision shall be under the control of the department and shall not be subject to any advertising or competitive bidding requirements applicable to public works or other public projects. -(4) Any construction, alteration, demolition, installation, or repair work undertaken by or on behalf of a park support organization on property owned by the state pursuant to this section shall constitute a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. -(c) The director may receive donations of projects, services, and funds from the park support organization as authorized by Sections 5005, 5009.1, 5009.2, and 5009.3. -(d) The Director of Finance shall have 60 days to review and approve or disapprove any agreement or any substantial amendment to such an agreement, proposed under subdivision (a). Upon approval of the agreement, or substantial amendment, the director may accept donations and enter into supplementary agreements as authorized under subdivisions (b) and (c). -525. -Nothing in this article shall be interpreted as a limitation on the ability of the park support organization to apply for, receive, or administer grants, loans, or other funds from public entities other than the department. The park support organization shall consult with the department if the department may also be applying for those funds. -SEC. 3. -Section 5003.17 of the Public Resources Code is amended to read: -5003.17. -(a) The department may lease, for any use, all or any portion of any parcel of real property acquired for state park system purposes, if the director finds that the use would be compatible with the use of the real property as a unit or part of a unit and with the sound management and conservation of resources within the unit. -(b) Rent shall be based on the fair market value of the property when used for the purpose for which it is leased. All rent shall be deposited pursuant to Section 5010. -(c) The lease term shall not exceed 10 years. All leases are subject to the approval of the Department of General Services. -(d) No lease shall be entered into that extends beyond the 10-year period unless both of the following conditions are met: -(1) At least 30 days’ prior written notice of the proposed lease, including a copy of the proposed lease, has been provided by the director to the Joint Legislative Budget Committee. -(2) The director has included with the proposed lease sufficient documentation to enable the Joint Legislative Budget Committee to determine whether the lease conforms to the requirements of this article and to evaluate fully all terms upon which the lease is proposed to be let, including the amount of the rent and other revenues that may be generated under the lease. -SEC. 4. -Section 5080.40 of the Public Resources Code is amended to read: -5080.40. -(a) No operating lease or agreement shall be entered into, or amended, pursuant to this article unless at least 30 days’ written notice and a copy of the proposed operating lease or agreement, or amendment, has been provided by the director to the Joint Legislative Budget Committee. -(b) The director shall include with the proposed lease or agreement or amendment sufficient documentation to enable the Joint Legislative Budget Committee to evaluate fully the estimated operating costs and revenues and all terms upon which the lease or agreement or amendment is proposed to be entered into. Specifically, the documentation shall identify both of the following: -(1) Any anticipated costs to the state for operation or development under the lease or agreement or amendment and the anticipated state share of total operation and development costs. -(2) The anticipated annual revenues, net of operation costs, for the unit and the state’s share of these revenues. -(c) Leases or agreements shall be exempt from subdivisions (a) and (b) when all of the following conditions exist: -(1) The lease or agreement involves operation of only a portion of a unit of the state park system. -(2) The term of the lease or agreement is for a period of 20 years or less. -(3) The lease’s or agreement’s impact to the unit, including concessions revenue, will not exceed one million dollars ($1,000,000) in annual gross revenue generated on the property. -(4) The lease or agreement involves no significant change in state operational funding or staffing levels, and does not include present or future state expenditures for development of the unit. -(d) Amendments to existing leases or agreements shall be exempt from subdivisions (a) and (b) when all of the following conditions exist: -(1) The amendment involves operation of only a portion of a unit of the state park system. -(2) The amendment’s impact to the unit will not exceed one million dollars ($1,000,000) in annual gross revenue generated on the property. -(3) The amendment involves no significant change in state operational funding or staffing levels, and does not include present or future state expenditures for development of the unit. -SEC. 5. -Section 5080.42 of the Public Resources Code is amended to read: -5080.42. -(a) Notwithstanding any other provision of this article, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, as agreed to by the director. The prohibition on park closures, pursuant to subdivision (a) of Section 541.5, does not limit the department’s authority to enter into an operating agreement pursuant to this section, as provided in subdivision (e) of Section 541.5. The department may only enter into an operating agreement that involves the operation of the entirety of a park unit for no more than 20 park units. An operating agreement with a qualified nonprofit organization shall include, but shall not be limited to, the following conditions: -(1) The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public. -(2) The nonprofit organization shall annually submit a written report to the department regarding its operating activities during the prior year and shall make copies of the report available to the public upon request. The report shall be available on the Internet Web sites of both the department and the nonprofit organization. The report shall include a full accounting of all revenues and expenditures for each unit of the state park system that the nonprofit organization operates pursuant to an operating agreement. -(3) (A) Except as provided in subparagraph (B), all revenues that the qualified nonprofit organization receives from a unit shall be expended only for the care, maintenance, operation, administration, improvement, or development of the unit. The qualified nonprofit organization may additionally contribute in-kind services and funds raised from outside entities for the care, maintenance, operation, administration, improvement, or development of the unit. -(B) If the qualified nonprofit organization determines that the revenues it has received from a unit are in excess of the revenues that are needed for the care, maintenance, operation, administration, improvement, or development of that unit, and that these funds are not already specified for or committed to specific purposes pursuant to an existing agreement or contract restricting the use of those funds, the qualified nonprofit organization may dedicate those excess revenues to another state park unit for that unit’s care, maintenance, operation, administration, improvement, or development. -(4) General Fund moneys shall not be provided to a nonprofit organization to subsidize the operation or maintenance of a park unit. This paragraph applies to state parks, the full operation of which are turned over to a nonprofit organization, but does not apply to or preclude the department from entering into agreements with nonprofit organizations to operate a portion of a state park unit, or from entering into comanagement agreements with nonprofit organizations that involve the sharing of operational and financial responsibilities for the park unit and that have the effect of reducing state costs. This paragraph does not apply to park entrance fees, concession revenues, or any other revenues generated within a park operated by a nonprofit organization pursuant to this section. -(5) Jobs maintained under a memorandum of understanding between the state and the represented bargaining units shall not be eliminated pursuant to the agreement and shall continue to be state employment. -(b) An operating agreement entered into pursuant to subdivision (a) shall honor the existing term of a current concession contract for the state park unit subject to the operating agreement. -(c) An operating agreement entered into pursuant to subdivision (a) shall specify the duties that the nonprofit organization shall be responsible for carrying out relative to management and protection of natural, historical, and cultural resources, and shall identify those management duties that shall continue to be conducted by the department, so that all core operations of the park are delineated. Scientific, architectural, and engineering functions that require special expertise or professional training shall only be conducted by or under the supervision of qualified persons with applicable expertise or training and subject to oversight by the department. -(d) This section does not supersede the requirements of Section 5019.53 regarding the protection of natural, scenic, cultural, and ecological values. -(e) The nonprofit organization and the district superintendent for the department shall, following submittal of the annual report pursuant to subdivision (a), hold a joint public meeting for discussion of the report. -(f) If the department intends to enter into an operating agreement for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or a portion of a unit, the department shall notify the Member of the Legislature in whose district the unit is located, the Chair of the Senate Committee on Natural Resources and Water, the Chair of the Assembly Committee on Water, Parks, and Wildlife, and the chairs of the Assembly and Senate budget committees of that intention. The notification shall include estimated operating costs and revenues and core duties and responsibilities that are likely to be assigned to the nonprofit organization and the department. -(g) For purposes of this section, a qualified nonprofit organization is an organization that is all of the following: -(1) An organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. -(2) An organization that has as its principal purpose and activity to provide visitor services in state parks, facilitate public access to park resources, improve park facilities, provide interpretive and educational services, or provide direct protection or stewardship of natural, cultural, or historical lands, or resources. -(3) An organization that is in compliance with the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code). -(h) (1) Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the Legislature, on a biennial basis, of the status of operating agreements it has entered into pursuant to this section. The report shall include a list of units of the state park system with operating agreements, discussion of the management and operations of each unit subject to an operating agreement, an accounting of the revenues and expenditures incurred under each operating agreement, and an assessment of the benefit to the state from operating agreements entered into pursuant to this section. -(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. -(i) This section shall remain in effect until January 1, 2025, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2025, deletes or extends that date.","Existing law vests control of the state park system with the Department of Parks and Recreation and authorizes the department to enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, subject to certain conditions and requirements. -This bill would repeal those provisions on January 1, 2025. The bill would also provide that an operating agreement may not eliminate jobs maintained under a memorandum of understanding. -This bill would authorize the department to enter into a statewide agreement with a park support organization, as defined, to facilitate the implementation of reforms recommended by the Parks Forward Commission and to develop and secure expertise, services, resources, and projects that are not readily available to the state park system for specified purposes relating to the funding, visitation, use, facilities, and staffing of state parks, as provided. The bill would require the department to take specified actions relating to the development and implementation of such an agreement and would authorize the Director of Parks and Recreation and the Director of Finance, or their designees, to serve as ex officio, nonvoting members of the park support organization’s board of directors. The bill would require the department, if it enters into an agreement with a park support organization, to collaborate with the park support organization to develop an annual list of strategic initiatives and projects that are statewide priorities for the state park system and the park support organization and that the park support organization will undertake in partnership with the department. The bill would authorize the department to enter into supplementary agreements and leases, as provided, with the park support organization and receive donations of projects, services, and funds to be used for the support of the state park system, subject to the review and approval of the statewide agreement or substantial amendment of such an agreement by the Director of Finance. -Existing law authorizes the department to lease, for any use, all or any portion of any parcel of real property acquired for state park system purposes, if the director finds that the use would be compatible with the use of the real property as a unit or part of a unit and with the sound management and conservation of resources within the unit, but prohibits the department from entering into a lease that extends beyond 10 years unless certain conditions for the review and approval of a proposed lease as part of the annual budget process are met. Existing law imposes similar review and approval requirements of operating leases or agreements that are expected to generate over $500,000 in annual gross revenues. -This bill would revise certain of those conditions for the review and approval of a proposed lease or operating lease or agreement by the Joint Legislative Budget Committee, as specified. The bill would make those conditions applicable only to operating leases or agreements that are expected to generate over $1,000,000 in annual gross revenues.","An act to amend Sections 5003.17 and 5080.40 of, to amend and repeal Section 5080.42 of, and to add Article 1.5 (commencing with Section 520) to Chapter 1 of Division 1 of, the Public Resources Code, relating to state parks." -311,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares that pilot projects are demonstrating that schools have significantly lower special education costs when schools partner with county-funded Medi-Cal mental health services providers to address the mental health problems of pupils in a comprehensive multitiered model that includes services for pupils at the earliest time, usually years before they would require special education, which can often be prevented. Thus, the Legislature encourages the partnerships authorized by this act to, whenever possible, look for opportunities and funding to provide pupils who do not have individualized education programs, but are in need of, and could benefit from, prevention and early intervention services, with those services. The Legislature further encourages the State Department of Education and the State Department of Health Care Services to work toward the development of protocols to identify students who are Medi-Cal beneficiaries receiving educationally related mental health services as part of an individual educational plan for the purposes of data tracking. -SEC. 2. -Part 6 (commencing with Section 5920) is added to Division 5 of the Welfare and Institutions Code, to read: -PART 6. County and Local Educational Agency Partnerships -5920. -(a) Notwithstanding any other law, a county, or a qualified provider operating as part of the county mental health plan network, and a local educational agency may enter into a partnership that includes all of the following: -(1) The coum 0;"">(3) The local educational agency, with permission of the pupil’s parent, provides the county mental health plan provider with the information of the health insurance carrier for each pupil. -(4) The agreement between the county mental health plan, or the qualified provider, and the local educational agency addresses how to cover the costs of mental health provider services not covered by funds pursuant to paragraph (1) in the event that mental health service costs exceed the agreed-upon funding outlined in the partnership agreement between the county mental health plan, or the qualified provider, and the local educational agency following a yearend cost reconciliation process, and in the event that the local educational agency does not elect to provide the services through other means. -(5) The agreement between the county mental health plan, or the qualified provider, and the local educational agency fulfills reporting and all other requirements under state and federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and Medi-Cal EPSDT provisions, and measures the effect of the mental health intervention and how that intervention meets the goals in a pupil’s IEP or relevant plan for non-IEP pupils. -(6) The county mental health plan, or the qualified provider, and the local educational agency participate in the performance outcome system established by the State Department of Health Care Services pursuant to Section 14707.5 to measure results of services provided under the partnership agreement between the county mental health plan, or the qualified provider, and the local educational agency. -(7) A plan to establish a partnership described in this section in at least one school within the local educational agency in the first year and to expand the partnership to three additional schools within three years. -(b) For purposes of this section, “local educational agency” has the same meaning as that term is defined in Section 56026.3 of the Education Code. -(c) Where applicable, and to the extent mutually agreed to by a school district and a plan or insurer, it is the intent of the Legislature that a health care service plan or a health insurer be authorized to participate in the partnerships described in this part. -5921. -(a) The County and Local Educational Agency Partnership Fund is hereby created in the State Treasury. Moneys in the fund are available, upon appropriation by the Legislature, to the State Department of Education for the purpose of funding the partnerships described in this part. The State Department of Education shall fund partnerships described in this part through a competitive grant program. -(b) (1) For the 2017–18 fiscal year and each fiscal year thereafter, to the extent there is an appropriation in the annual Budget Act or another measure for purposes of this part, the Superintendent of Public Instruction shall allocate funds from that appropriation to the County and Local Educational Agency Partnership Fund. -(2) Other funds identified and appropriated by the Legislature may also be deposited into the County and Local Educational Agency Partnership Fund and used for the purposes specified in subdivision (a). -(c) Funds made available in the annual Budget Act for the purpose of providing educationally related mental health services, including out-of-home residential services for emotionally disturbed pupils, required by an individualized education program, shall be used only for that purpose and shall not be deposited into the County and Local Educational Agency Partnership Fund.","Existing law requires school districts, county offices of education, and special education local plan areas (SELPAs) to comply with state laws that conform to the federal Individuals with Disabilities Education Act, in order that the state may qualify for federal funds available for the education of individuals with exceptional needs. Existing law requires school districts, county offices of education, and SELPAs to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, and with special education and related services, including mental health services, as reflected in an individualized education program. -Existing law contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. -This bill would specifically authorize a county, or a qualified provider operating as part of the county mental health plan network, and a local educational agency to enter into a partnership that includes, among other things, an agreement between the county mental health plan, or the qualified provider, and the local educational agency that establishes a Medi-Cal mental health provider that is county operated or county contracted for the provision of mental health services to pupils of the local educational agency and in which there are provisions for the delivery of campus-based mental health services through qualified providers or qualified professionals to provide on-campus support to identify pupils with a specified education plan and pupils not in special education who a teacher believes may require those services and, with parental consent, to provide mental health services to those pupils. The bill would create the County and Local Educational Agency Partnership Fund in the State Treasury, which would be available, upon appropriation by the Legislature, to the State Department of Education for the purpose of funding these partnerships, as specified, and would require the State Department of Education to fund these partnerships through a competitive grant program. -The bill would require funds made available in the annual Budget Act for the purpose of providing educationally related mental health services required by an individualized education program to be used only for that purpose and would prohibit those funds from being deposited into the County and Local Educational Agency Partnership Fund.","An act to add Part 6 (commencing with Section 5920) to Division 5 of the Welfare and Institutions Code, relating to pupil health." -312,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3605 of the Probate Code is amended to read: -3605. -(a) This section applies only to a special needs trust established under Section 3604 on or after January 1, 1993. -(b) While the special needs trust is in existence, the statute of limitations otherwise applicable to claims of the State Department of Health Care Services, the State Department of State Hospitals, the State Department of Developmental Services, and any county or city and county in this state is tolled. Notwithstanding any provision in the trust instrument, at the death of the special needs trust beneficiary or on termination of the trust, the trust property is subject to claims of the State Department of Health Care Services, the State Department of State Hospitals, the State Department of Developmental Services, and any county or city and county in this state to the extent authorized by law as if the trust property is owned by the beneficiary or is part of the beneficiary’s estate. -(c) At the death of the special needs trust beneficiary or on termination of the trust, the trustee shall give notice of the beneficiary’s death or the trust termination, in the manner provided in Section 1215, to all of the following: -(1) The State Department of Health Care Services, the State Department of State Hospitals, and the State Department of Developmental Services, addressed to the director of that department at the Sacramento office of the director. -(2) Any county or city and county in this state that has made a written request to the trustee for notice, addressed to that county or city and county at the address specified in the request. -(d) Failure to give the notice required by subdivision (c) prevents the running of the statute of limitations against the claim of the department, county, or city and county not given the notice. -(e) The department, county, or city and county has four months after notice is given in which to make a claim with the trustee. If the trustee rejects the claim, the department, county, or city and county making the claim may petition the court for an order under Chapter 3 (commencing with Section 17200) of Part 5 of Division 9, directing the trustee to pay the claim. A claim made under this subdivision shall be paid as a preferred claim prior to any other distribution. If trust property is insufficient to pay all claims under this subdivision, the trustee shall petition the court for instructions and the claims shall be paid from trust property as the court deems just. -(f) If trust property is distributed before expiration of four months after notice is given without payment of the claim, the department, county, or city and county has a claim against the distributees to the full extent of the claim, or each distributee’s share of trust property, whichever is less. The claim against distributees includes interest at a rate equal to that earned in the Pooled Money Investment Account, Article 4.5 (commencing with Section 16480) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, from the date of distribution or the date of filing the claim, whichever is later, plus other accruing costs as in the case of enforcement of a money judgment. -(g) Notwithstanding subdivisions (a) to (f), inclusive, the trust property of the deceased beneficiary of a special needs trust is not subject to the claims of the state and local entities described in subdivision (b) if there is a surviving child who is a sibling of a deceased beneficiary, that surviving child is also the beneficiary of a special needs trust, and the trust of the deceased beneficiary provides for the transfer of the property in the trust of the deceased beneficiary to the special needs trust of the surviving sibling. -SEC. 2. -Section 14009.5 of the Welfare and Institutions Code is amended to read: -14009.5. -(a) Notwithstanding any other provision of this chapter, the department shall claim against the estate of the decedent, or against any recipient of the property of that decedent by distribution or survival an amount equal to the payments for the health care services received or the value of the property received by any recipient from the decedent by distribution or survival, whichever is less. -(b) The department may not claim in any of the following circumstances: -(1) The decedent was under 55 when services were received, except in the case of an individual who had been an inpatient in a nursing facility. -(2) -Where -If -there is any of the following: -(A) A surviving spouse during his or her lifetime. However, upon the death of a surviving spouse, the department shall make a claim against the estate of the surviving spouse, or against any recipient of property from the surviving spouse obtained by distribution or survival, for either the amount paid for the medical assistance given to the decedent or the value of any of the decedent’s property received by the surviving spouse through distribution or survival, whichever is less. Any statute of limitations that purports to limit the ability to recover for medical assistance granted under this chapter shall not apply to any claim made for reimbursement. -(B) A surviving child who is under age 21. -(C) A surviving child who is blind or permanently and totally disabled, within the meaning of Section 1614 of the federal Social Security Act (42 -U.S.C.A. -U.S.C. -Sec. 1382c). -(D) A surviving child who is the beneficiary of a special needs trust, and who is a sibling of a deceased beneficiary of a special needs trust, if the special needs trust of the deceased beneficiary provides for the transfer of the property in the trust of the deceased beneficiary to the special needs trust of the surviving sibling. -(3) Any exemption described in paragraph (2) that restricts the department from filing a claim against a decedent’s property shall apply only to the proportionate share of the decedent’s estate or property that passes to those recipients, by survival or distribution, who qualify for an exemption under paragraph (2). -(c) (1) The department shall waive its claim, in whole or in part, if it determines that enforcement of the claim would result in substantial hardship to other dependents, heirs, or survivors of the individual against whose estate the claim exists. -(2) The department shall notify individuals of the waiver provision and the opportunity for a hearing to establish that a waiver should be granted. -(d) The following definitions shall govern the construction of this section: -(1) “Decedent” means a beneficiary who has received health care under this chapter or Chapter 8 (commencing with Section 14200) and who has died leaving property to others either through distribution or survival. -(2) “Dependents” includes, but is not limited to, immediate family or blood relatives of the decedent.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing federal law provides that assets in specified trusts shall not be considered for the purposes of determining an individual’s eligibility for, or amount of, benefits under Medicaid but provides that the state shall receive all amounts remaining in those trusts upon the death of the trust beneficiary. Existing state law provides that while a special needs trust, as specified, is in existence, the statute of limitations otherwise applicable to claims of the State Department of Health Care Services, the State Department of Mental Health, the State Department of Developmental Services, and any county or city and county is tolled and that the trust property is subject to those claims at the death of the special needs trust beneficiary or on termination of the trust. -This bill would exempt from the claims of those entities the trust property of a deceased beneficiary if there is a surviving child who is a sibling of the deceased beneficiary, that surviving child is also the beneficiary of a special needs trust, and the trust of the deceased beneficiary provides for the transfer of the property in the trust of the deceased beneficiary to the special needs trust of the surviving sibling.","An act to amend Section 3605 of the Probate Code, and to amend Section 14009.5 of the Welfare and Institutions Code, relating to public social service." -313,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 51225.3 of the Education Code, as amended by Section 1 of Chapter 888 of the Statutes of 2014, is amended to read: -51225.3. -(a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school: -(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified: -(A) Three courses in English. -(B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35. -(C) Two courses in science, including biological and physical sciences. -(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics. -(E) One course in visual or performing arts, foreign language, or, commencing with the 2012–13 school year, career technical education. -(i) For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language. -(ii) For purposes of this subparagraph, “a course in career technical education” means a course in a district-operated career technical education program that is aligned to the career technical model curriculum standards and framework adopted by the state board, including courses through a regional occupational center or program operated by a county superintendent of schools or pursuant to a joint powers agreement. -(iii) This subparagraph does not require a school or school district that currently does not offer career technical education courses to start new career technical education programs for purposes of this section. -(iv) If a school district or county office of education elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the governing board of the school district or county office of education, before offering that alternative to pupils, shall notify parents, teachers, pupils, and the public at a regularly scheduled meeting of the governing board of all of the following: -(I) The intent to offer career technical education courses to fulfill the graduation requirement specified in this subparagraph. -(II) The impact that offering career technical education courses, pursuant to this subparagraph, will have on the availability of courses that meet the eligibility requirements for admission to the California State University and the University of California, and whether the career technical education courses to be offered pursuant to this subparagraph are approved to satisfy those eligibility requirements. If a school district elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the school district shall comply with subdivision (m) of Section 48980. -(III) The distinction, if any, between the high school graduation requirements of the school district or county office of education, and the eligibility requirements for admission to the California State University and the University of California. -(F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code. -(2) Other coursework requirements adopted by the governing board of the school district. -(b) The governing board, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public. -(c) On or before July 1, 2017, the department shall submit a comprehensive report to the appropriate policy committees of the Legislature on the addition of career technical education courses to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a), including, but not limited to, the following information: -(1) A comparison of the pupil enrollment in career technical education courses, foreign language courses, and visual and performing arts courses for the 2005–06 to 2011–12 school years, inclusive, to the pupil enrollment in career technical education courses, foreign language courses, and visual and performing arts courses for the 2012–13 to 2016–17 school years, inclusive. -(2) The reasons, reported by school districts, that pupils give for choosing to enroll in a career technical education course to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a). -(3) The type and number of career technical education courses that were conducted for the 2005–06 to 2011–12 school years, inclusive, compared to the type and number of career technical education courses that were conducted for the 2012–13 to 2016–17 school years, inclusive. -(4) The number of career technical education courses that satisfied the subject matter requirements for admission to the University of California or the California State University. -(5) The extent to which the career technical education courses chosen by pupils are aligned with the California Career Technical Education Standards, and prepare pupils for employment, advanced training, and postsecondary education. -(6) The number of career technical education courses that also satisfy the visual and performing arts requirement, and the number of career technical education courses that also satisfy the foreign language requirement. -(7) Annual pupil dropout and graduation rates for the 2011–12 to 2014–15 school years, inclusive. -(d) For purposes of completing the report described in subdivision (c), the Superintendent may use existing state resources and federal funds. If state or federal funds are not available or sufficient, the Superintendent may apply for and accept grants, and receive donations and other financial support from public or private sources for purposes of this section. -(e) For purposes of completing the report described in subdivision (c), the Superintendent may accept support, including, but not limited to, financial and technical support, from high school reform advocates, teachers, chamber organizations, industry representatives, research centers, parents, and pupils. -(f) This section shall become inoperative on the earlier of the following two dates: -(1) On July 1, immediately following the first fiscal year after the enactment of the act that adds this paragraph in which the number of career technical education courses that, as determined by the department, satisfy the foreign language requirement for admission to the California State University and the University of California is at least twice the number of career technical education courses that meet these admission requirements as of January 1, 2012. This section shall be repealed on the following January 1, unless a later enacted statute, that becomes operative on or before that date, deletes or extends the dates on which it becomes inoperative and is repealed. It is the intent of the Legislature that new career technical education courses that satisfy the foreign language requirement for admission to the California State University and the University of California focus on world languages aligned with career preparation, emphasizing real-world application and technical content in related career and technical education courses. -(2) On July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.","Existing law requires each pupil completing grade 12 to satisfy certain requirements as a condition of receiving a diploma of graduation from high school. These requirements include the completion of designated coursework in grades 9 to 12, inclusive. The coursework requirements include, among others, the completion of one course in visual or performing arts, foreign language, or, commencing with the 2012–13 school year and continuing until the end of the 2016–17 school year on July 1, 2017, or until the occurrence of a specified event relating to career technical education requirements of the University of California and the California State University, whichever occurs earlier, career technical education, as specified. -This bill would instead require that the coursework requirements include, among others, the completion of one course in visual or performing arts, foreign language, or, commencing with the 2012–13 school year and continuing until the end of the 2021–22 school year on July 1, 2022, or until the occurrence of a specified event relating to career technical education requirements of the University of California and the California State University, whichever occurs earlier, career technical education, as specified.","An act to amend Section 51225.3 of the Education Code, relating to pupil instruction." -314,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2869 of the Public Utilities Code is amended to read: -2869. -(a) (1) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy -system, -system -to an entity or -person, -person -for use in a residence shall include a disclosure to the buyer or lessee that, at a minimum, includes all of the following: -(A) A good faith estimate of the kilowatthours to be delivered by the solar energy system. -(B) A plain language explanation of the terms under which the pricing will be calculated over the life of the contract and a good faith estimate of the price per kilowatthour. -(C) A plain language explanation of operation and maintenance responsibilities of the contract parties. -(D) A plain language explanation of the contract provisions regulating the disposition or transfer of the contract in the event of a transfer of ownership of the residence, as well as the costs or potential costs associated with the disposition or transfer of the contract. -(E) A plain language explanation of the disposition of the solar energy system at the end of the term of the contract. -(2) The commission may require, as a condition of receiving ratepayer funded incentives, that an independent solar energy producer provide additional -disclosure -disclosures -to the buyer or lessee, the commission, or both. -(b) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy -system, -system -to an entity or -person, -person -for use in a residence shall record a Notice of an Independent Solar Energy Producer Contract, within 30 days of the signing of the contract, against the title to the real property on which the electricity is generated, and against the title to any adjacent real property on which the electricity will be used, in the office of the county recorder for the county in which the real property is located. The notice shall include all of the following and may include additional information: -(1) (A) If the solar energy system is located on the real property, a prominent title at the top of the document in 14-point type stating “Notice of an Independent Solar Energy Producer Contract” and the following statement: -“This real property is receiving part of its electric service from an independent solar energy producer that has retained ownership of a solar electric generation system that is located on the real property. The independent solar energy producer provides electric service to the current owner of this real property through a long-term contract for electric service. The independent solar energy producer is required to provide a copy of the contract to a prospective buyer of the real property within ten (10) days of the receipt of a written request from the current owner of this real property.” -(B) If the solar energy system is located on an adjacent real property, a prominent title at the top of the document in 14-point type stating “Notice of an Independent Solar Energy Producer Contract” and the following statement: -“This real property is receiving part of its electric service from an independent solar energy producer that has retained ownership of a solar electric generation system that is located on an adjacent real property. The independent solar energy producer provides electric service to the current owner of this real property through a long-term contract for electric service. The independent solar energy producer is required to provide a copy of the contract to a prospective buyer of this real property within ten (10) days of the receipt of a written request from the current owner of this real property.” -(2) The address and assessor’s parcel number of the real property against which the notice is recorded. -(3) The name, address, and telephone number of the independent solar energy producer, and any other contact information deemed necessary by the independent solar energy producer. -(4) A statement identifying whether the contract is a contract for the sale of electricity or for the lease of a solar energy system, and providing the dates on which the contract commences and terminates. -(5) A plain language summary of the potential costs, consequences, and assignment of responsibilities, if any, that could result in the event the contract is terminated. -(c) (1) The recorded Notice of an Independent Solar Energy Producer Contract does not constitute a title defect, lien, or encumbrance against the real property, and the independent solar energy producer shall be solely responsible for the accuracy of the information provided in the notice and for recording the document with the county recorder. -(2) The independent solar energy producer shall record a subsequent document extinguishing the Notice of an Independent Solar Energy Producer Contract if the contract is voided, terminated, sold, assigned, or transferred. If the independent solar energy producer transfers its obligation under the contract or changes its contact information, it shall record a new notice reflecting these changes within 30 days of their occurrence. -(3) Within 30 days of the termination of a contract for the use or sale of electricity or the lease of a solar energy system, the independent solar energy producer shall record a subsequent document extinguishing the Notice of an Independent Solar Energy Producer Contract from the title to the real property on which the electricity is -generated, -generated -and from the title to any adjacent real property on which the electricity was -used, -used -in the office of the county recorder for the county in which the real property is located. -(d) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy system shall provide a copy of the existing contract to a prospective buyer of the real property where the electricity is used or generated within ten (10) days of the receipt of a written request from the current owner of the real property. -(e) (1) All contracts for the sale of electricity by an independent solar energy producer to an entity or -person, -person -for use in a residential dwelling shall be made available to the commission upon its request, and shall be confidential, except as provided for in this subdivision. The disclosures required by subdivision (a) may be made open to public inspection or made public by the commission. -(2) A contract provided to the commission pursuant to this subdivision shall not be open to public inspection or made public, except on order of the commission, or by the commission or a commissioner in the course of a hearing or proceeding. -(3) This subdivision does not eliminate or modify any rule or provision of law that provides for the confidentiality of information submitted to the commission in the course of its proceedings. -(f) A master-meter customer of an electric utility who purchases electricity or leases a solar energy system from an independent solar energy producer, and who provides electric service to users who are tenants of a mobilehome park, apartment building, or similar residential complex, shall do both of the following: -(1) Charge each user of the electric service that is under a submetered system a rate for the solar generated electricity not to exceed the rate charged by the independent solar energy producer or the electric utility’s rate for an equivalent amount of electricity, whichever is lower. -(2) Comply with the provisions of Section 739.5 or 12821.5, and any rules set forth by an electric utility for master-meter customers. -(g) No transfer of real property subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article. Any person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this article shall be civilly liable in the amount of actual damages suffered by a transferee or transferor of the real property as a consequence of that violation or failure.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law requires an independent solar energy producer, as defined, contracting for the use or sale of electricity or the lease of a solar energy system, as defined, to an entity or person for use in a residence to make certain disclosures to the buyer or lessee, including a plain language explanation of the contract provisions regulating the disposition or transfer of the contract in the event of a transfer of ownership of the residence, as well as the costs or potential costs associated with the disposition or transfer of the contract. -This bill would make nonsubstantive changes to those provisions.","An act to amend Section 2869 of the Public Utilities Code, relating to energy." -315,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1473 of the Penal Code is amended to read: -1473. -(a) A person unlawfully imprisoned or restrained of his or her liberty, under any pretense, may prosecute a writ of habeas corpus to inquire into the cause of his or her imprisonment or restraint. -(b) A writ of habeas corpus may be prosecuted for, but not limited to, the following reasons: -(1) False evidence that is substantially material or probative on the issue of guilt or punishment was introduced against a person at a hearing or trial relating to his or her incarceration. -(2) False physical evidence, believed by a person to be factual, probative, or material on the issue of guilt, which was known by the person at the time of entering a plea of guilty, which was a material factor directly related to the plea of guilty by the person. -(3) (A) New evidence exists that is credible, material, presented without substantial delay, and of such decisive force and value that it would have more likely than not changed the outcome at trial. -(B) For purposes of this section, “new evidence” means evidence that has been discovered after trial, that could not have been discovered prior to trial by the exercise of due diligence, and is admissible and not merely cumulative, corroborative, collateral, or impeaching. -(c) Any allegation that the prosecution knew or should have known of the false nature of the evidence referred to in paragraphs (1) and (2) of subdivision (b) is immaterial to the prosecution of a writ of habeas corpus brought pursuant to paragraph (1) or (2) of subdivision (b). -(d) This section does not limit the grounds for which a writ of habeas corpus may be prosecuted or preclude the use of any other remedies. -(e) (1) For purposes of this section, “false evidence” includes opinions of experts that have either been repudiated by the expert who originally provided the opinion at a hearing or trial or that have been undermined by later scientific research or technological advances. -(2) This section does not create additional liabilities, beyond those already recognized, for an expert who repudiates his or her original opinion provided at a hearing or trial or whose opinion has been undermined by later scientific research or technological advancements. -SEC. 2. -Section 1485.5 of the Penal Code is amended to read: -1485.5. -(a) If the district attorney or Attorney General stipulates to or does not contest the factual allegations underlying one or more of the grounds for granting a writ of habeas corpus or a motion to vacate a judgment, the facts underlying the basis for the court’s ruling or order shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board. -(b) The district attorney shall provide notice to the Attorney General prior to entering into a stipulation of facts that will be the basis for the granting of a writ of habeas corpus or a motion to vacate a judgment. -(c) In a contested or uncontested proceeding, the express factual findings made by the court, including credibility determinations, in considering a petition for habeas corpus, a motion to vacate judgment pursuant to Section 1473.6, or an application for a certificate of factual innocence, shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board. -(d) For the purposes of this section, “express factual findings” are findings established as the basis for the court’s ruling or order. -(e) For purposes of this section, “court” is defined as a state or federal court. -SEC. 3. -Section 1485.55 of the Penal Code is amended to read: -1485.55. -(a) In a contested proceeding, if the court has granted a writ of habeas corpus or when, pursuant to Section 1473.6, the court vacates a judgment, and if the court has found that the person is factually innocent, that finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid pursuant to Section 4904. -(b) In a contested or uncontested proceeding, if the court grants a writ of habeas corpus and did not find the person factually innocent in the habeas corpus proceedings, the petitioner may move for a finding of factual innocence by a preponderance of the evidence that the crime with which he or she was charged was either not committed at all or, if committed, was not committed by him or her. -(c) If the court vacates a judgment pursuant to Section 1473.6, on any ground, the petitioner may move for a finding of factual innocence by a preponderance of the evidence that the crime with which he or she was charged was either not committed at all or, if committed, was not committed by him or her. -(d) If the court makes a finding that the petitioner has proven his or her factual innocence by a preponderance of the evidence pursuant to subdivision (b) or (c), the board shall, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section 4904. -(e) A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivision (b) or (c). -(f) If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence that the crime with which he or she was charged was either not committed at all or, if committed, was not committed by him or her, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section 4904.","Existing law allows every person who is unlawfully imprisoned or restrained of his or her liberty to prosecute a writ of habeas corpus to inquire into the cause of his or her imprisonment or restraint. Existing law allows a writ of habeas corpus to be prosecuted for, but not limited to, false evidence that is substantially material or probative to the issue of guilt or punishment that was introduced at trial and false physical evidence which was a material factor directly related to the plea of guilty of the person. -This bill would additionally allow a writ of habeas corpus to be prosecuted on the basis of new evidence that is credible, material, presented without substantial delay, and of such decisive force and value that it would have more likely than not changed the outcome at trial. -Existing law requires the California Victim Compensation Board to recommend an appropriation be made by the Legislature for the purpose of indemnifying a person if the evidence shows that a crime with which the person was charged was either not committed at all, or, if committed, was not committed by that person. Existing law requires that the appropriation recommended shall be a sum equivalent to $140 per day of incarceration served. If a court grants a writ of habeas corpus or vacates a judgment on the basis of new evidence and finds that the new evidence points unerringly to innocence, existing law requires the board to recommend an appropriation to the Legislature pursuant to these provisions without a hearing. -This bill would require the board, without a hearing, to recommend an appropriation to the Legislature if the court finds that the person is factually innocent. The bill would make additional clarifying and technical changes.","An act to amend Sections 1473, 1485.5, and 1485.55 of the Penal Code, relating to habeas corpus." -316,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1367.031 is added to the Health and Safety Code, to read: -1367.031. -(a) A health care service plan contract that is issued, renewed, or amended on or after July 1, 2017, shall provide information to an enrollee regarding the standards for timely access to care adopted pursuant to Section 1367.03 and the information required by this section, including information related to receipt of interpreter services in a timely manner, no less than annually. -(b) A health care service plan at a minimum shall provide information regarding appointment wait times for urgent care, nonurgent primary care, nonurgent specialty care, and telephone screening established pursuant to Section 1367.03 to enrollees and contracting providers. The information shall also include notice of the availability of interpreter services at the time of the appointment pursuant to Section 1367.04. A health care service plan may indicate that exceptions to appointment wait times may apply if the department has found exceptions to be permissible. -(c) The information required to be provided pursuant to this section shall be provided to an enrollee with individual coverage upon initial enrollment and annually thereafter upon renewal, and to enrollees and subscribers with group coverage upon initial enrollment and annually thereafter upon renewal. A health care service plan may include this information with other materials sent to the enrollee. The information shall also be provided in the following manner: -(1) In a separate section of the evidence of coverage titled “Timely Access to Care.” -(2) At least annually, in or with newsletters, outreach, or other materials that are routinely disseminated to the plan’s enrollees. -(3) Commencing January 1, 2018, in a separate section of the provider directory published and maintained by the health care service plan pursuant to Section 1367.27. The separate section shall be titled “Timely Access to Care.” -(4) On the Internet Web site published and maintained by the health care service plan, in a manner that allows enrollees and prospective enrollees to easily locate the information. -(d) (1) A health care service plan shall provide the information required by this section to contracting providers on no less than an annual basis. -(2) A health care service plan shall also inform a contracting provider of all of the following: -(A) Information about a health care service plan’s obligation under California law to provide or arrange for timely access to care. -(B) How a contracting provider or enrollee can contact the health care service plan to obtain assistance if a patient is unable to obtain a timely referral to an appropriate provider. -(C) The toll-free telephone number for the Department of Managed Health Care where providers and enrollees can file a complaint if they are unable to obtain a timely referral to an appropriate provider. -(3) A health care service plan may comply with this subdivision by including the information with an existing communication with a contracting provider. -(e) This section shall apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code. -SEC. 2. -Section 10133.53 is added to the Insurance Code, to read: -10133.53. -(a) A health insurance policy that is issued, renewed, or amended on or after July 1, 2017, that provides benefits through contracts with providers for alternative rates pursuant to Section 10133 shall provide information to an insured regarding the standards for timely access to care adopted pursuant to Section 10133.5 and the information required by this section, including information related to receipt of interpreter services in a timely manner, no less than annually. -(b) A health insurer that contracts with providers for alternative rates of payment pursuant to Section 10133 shall, at a minimum, provide information regarding appointment wait times for urgent care, nonurgent primary care, nonurgent specialty care, and telephone screening established pursuant to Section 10133.5 to insureds and contracting providers. The information shall also include notice of the availability of interpreter services at the time of the appointment pursuant to Section 10133.8. A health insurer may indicate that exceptions to appointment wait times may apply if the department has found exceptions to be permissible. -(c) The information required to be provided pursuant to this section shall be provided to an insured with individual coverage upon initial enrollment and annually thereafter upon renewal, and to insureds and group policyholders with group coverage upon initial enrollment and annually thereafter upon renewal. An insurer may include this information with other materials sent to the insured. The information shall also be provided in the following manner: -(1) In a separate section of the evidence of coverage titled “Timely Access to Care.” -(2) At least annually, in or with newsletters, outreach, or other materials that are routinely disseminated to the policy’s insureds. -(3) Commencing January 1, 2018, in a separate section of the provider directory published and maintained by the insurer pursuant to Section 10133.15. The separate section shall be titled “Timely Access to Care.” -(4) On the Internet Web site published and maintained by the insurer, in a manner that allows insureds and prospective insureds to easily locate the information. -(d) (1) A health insurer shall provide the information required by this section to contracting providers on no less than an annual basis. -(2) A health insurer shall also inform a contracting provider of all of the following: -(A) Information about a health insurer’s obligation under California law to provide or arrange for timely access to care. -(B) How a contracting provider or insured can contact the health insurer to obtain assistance if a patient is unable to obtain a timely referral to an appropriate provider. -(C) The toll-free telephone number for the Department of Insurance where providers and insureds can file a complaint if they are unable to obtain a timely referral to an appropriate provider. -(3) A health insurer may comply with this subdivision by including the information with an existing communication with a contracting provider. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires each department to develop and adopt regulations to ensure that enrollees have access to needed health care services in a timely manner. -Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires each prepaid health plan to establish a grievance procedure under which enrollees may submit their grievances. -This bill would require a health care service plan contract or a health insurance policy that provides benefits through contracts with providers for alternative rates that is issued, renewed, or amended on or after July 1, 2017, to provide information to enrollees and insureds regarding the standards for timely access to health care services and other specified health care access information, including information related to receipt of interpreter services in a timely manner, no less than annually, and would make these provisions applicable to Medi-Cal managed care plans. The bill would also require a health care service plan or a health insurer that contracts with providers for alternative rates of payment to provide a contracting health care provider with specified information relating to the provision of referrals or health care services in a timely manner. -Because a willful violation of the bill’s provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 1367.031 to the Health and Safety Code, and to add Section 10133.53 to the Insurance Code, relating to health care coverage." -317,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4214 of the Public Resources Code is amended to read: -4214. -(a) Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows: -(1) The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee. -(2) The moneys collected, other than those retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of habitable structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the owners of habitable structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas. -(b) (1) The fund may also be used to cover the costs of administering this chapter. -(2) The fund shall cover all startup costs incurred over a period not to exceed two years. -(c) It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter. -(d) Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of habitable structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter: -(1) Local assistance grants pursuant to subdivision (e). -(2) Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas. -(3) Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria. -(4) Inspections by the department for compliance with defensible space requirements around habitable structures in state responsibility areas as required by Section 4291. -(5) Public education to reduce fire risk in the state responsibility areas. -(6) Fire severity and fire hazard mapping by the department in the state responsibility areas. -(7) Other fire prevention projects in the state responsibility areas, authorized by the board. -(e) (1) The board shall establish a local assistance grant program for fire prevention activities designed to benefit habitable structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions. -(2) In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of habitable structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program. -(f) By January 31, -2015, -2017, -and annually thereafter, the -board -department -shall submit to the Legislature -and the board -a written report on the status and uses of the fund pursuant to this chapter. The written report shall include all of the following for each reporting period: -(1) A description of each program, subprogram, and element for which the department uses money generated from the fire prevention fee, including an itemized accounting of expenditures for each program, subprogram, and element. -(2) An evaluation of the benefits received by counties based on the number of habitable structures in state responsibility areas within their jurisdictions, the effectiveness of the board’s grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, and measures to increase compliance, if any. -(3) An accounting of expenditures for equipment. -(4) Positions that are associated with each expenditure. -(5) A description of the grants awarded and expenditures of grant moneys. -(6) A description of actual expenditures for the past fiscal -year and -year, estimated expenditures for -the current fiscal -year and estimated -year, and budgeted -expenditures for the budget year. -(7) Any recommendations to the Legislature on the status and uses of the fund. -(g) (1) The requirement for submitting a report imposed under subdivision (f) is inoperative on January 31, 2021, pursuant to Section 10231.5 of the Government Code. -(2) A report to be submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code. -(h) It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the provisions of the Public Contract Code or any other provision of law related to public contracting shall not apply.","Existing law requires the State Board of Forestry and Fire Protection to adopt emergency regulations to establish a fire prevention fee in -an -amount not to exceed $150 to be charged on each habitable structure, as defined, on a parcel that is within a state responsibility area, as defined. Existing law requires the state board to adjust the fire prevention fee annually using prescribed methods, and requires the state board, until January 31, 2017, to submit a report to the Legislature every January 31 on the status and uses of the fund, containing specified information and recommendations. -This bill would -instead require the Department of Forestry and Fire Protection to submit that report to the Legislature and the board, and would -extend to January 31, 2021, the time until which the -state board -report -is required to -submit the report to the Legislature, and -be submitted. The bill -would additionally require that the report include specified information on each program, subprogram, and element for which the -Department of Forestry and Fire Protection -department -uses money generated from that fire prevention fee, and other information regarding fund expenditures, as provided.","An act to amend Section 4214 of the Public Resources Code, relating to fire prevention." -318,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 208.3 is added to the Welfare and Institutions Code, to read: -208.3. -(a) For purposes of this section, the following definitions shall apply: -(1) “Juvenile facility” includes any of the following: -(A) A juvenile hall, as described in Section 850. -(B) A juvenile camp or ranch, as described in Article 24 (commencing with Section 880). -(C) A facility of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. -(D) A regional youth educational facility, as described in Section 894. -(E) A youth correctional center, as described in Article 9 (commencing with Section 1850) of Chapter 1 of Division 2.5. -(F) A juvenile regional facility as described in Section 5695. -(G) Any other local or state facility used for the confinement of minors or wards. -(2) “Minor” means a person who is any of the following: -(A) A person under 18 years of age. -(B) A person under the maximum age of juvenile court jurisdiction who is confined in a juvenile facility. -(C) A person under the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. -(3) “Room confinement” means the placement of a minor or ward in a locked sleeping room or cell with minimal or no contact with persons other than correctional facility staff and attorneys. Room confinement does not include confinement of a minor or ward in a single-person room or cell for brief periods of locked room confinement necessary for required institutional operations. -(4) “Ward” means a person who has been declared a ward of the court pursuant to subdivision (a) of Section 602. -(b) The placement of a minor or ward in room confinement shall be accomplished in accordance with the following guidelines: -(1) Room confinement shall not be used before other less restrictive options have been attempted and exhausted, unless attempting those options poses a threat to the safety or security of any minor, ward, or staff. -(2) Room confinement shall not be used for the purposes of punishment, coercion, convenience, or retaliation by staff. -(3) Room confinement shall not be used to the extent that it compromises the mental and physical health of the minor or ward. -(c) A minor or ward may be held up to four hours in room confinement. After the minor or ward has been held in room confinement for a period of four hours, staff shall do one or more of the following: -(1) Return the minor or ward to general population. -(2) Consult with mental health or medical staff. -(3) Develop an individualized plan that includes the goals and objectives to be met in order to reintegrate the minor or ward to general population. -(d) If room confinement must be extended beyond four hours, staff shall do the following: -(1) Document the reason for room confinement and the basis for the extension, the date and time the minor or ward was first placed in room confinement, and when he or she is eventually released from room confinement. -(2) Develop an individualized plan that includes the goals and objectives to be met in order to reintegrate the minor or ward to general population. -(3) Obtain documented authorization by the facility superintendent or his or her designee every four hours thereafter. -(e) This section is not intended to limit the use of single-person rooms or cells for the housing of minors or wards in juvenile facilities and does not apply to normal sleeping hours. -(f) This section does not apply to minors or wards in court holding facilities or adult facilities. -(g) Nothing in this section shall be construed to conflict with any law providing greater or additional protections to minors or wards. -(h) This section does not apply during an extraordinary, emergency circumstance that requires a significant departure from normal institutional operations, including a natural disaster or facility-wide threat that poses an imminent and substantial risk of harm to multiple staff, minors, or wards. This exception shall apply for the shortest amount of time needed to address the imminent and substantial risk of harm. -(i) This section does not apply when a minor or ward is placed in a locked cell or sleep room to treat and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, with the written approval of a licensed physician or nurse practitioner, when the minor or ward is not required to be in an infirmary for an illness. Additionally, this section does not apply when a minor or ward is placed in a locked cell or sleep room for required extended care after medical treatment with the written approval of a licensed physician or nurse practitioner, when the minor or ward is not required to be in an infirmary for illness. -(j) This section shall become operative on January 1, 2018. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law permits minors who are detained in juvenile hall for habitual disobedience, truancy, or curfew violation to be held in the same facility as minors who are detained for violating any law or ordinance defining a crime, if they do not come or remain in contact with each other. Existing law also permits the detention of minors in jails and other secure facilities for the confinement of adults if the minors do not come or remain in contact with confined adults and other specified conditions are met. -Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary detention for a period of 72 hours for the evaluation of a person, including a minor, who is dangerous to himself or herself or others, or gravely disabled, as defined. -This bill would, commencing January 1, 2018, place restrictions on the use of room confinement of minors or wards who are confined in a juvenile facility, as specified. The bill would require the placement of a minor or ward in room confinement to be conducted in accordance with specified guidelines. By increasing the duties of local entities in connection with local juvenile facilities, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 208.3 to the Welfare and Institutions Code, relating to juveniles." -319,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature hereby declares all of the following: -(a) Beginning in 2008, California faced a foreclosure crisis, with rapidly dropping home values and skyrocketing job losses. Indiscriminate foreclosure practices of major mortgage servicers compounded the problem as they created a labyrinth of red tape, lost documents, and erroneous information, and then they started foreclosure proceedings while borrowers and their families were in the middle of applying for a loan modification. -(b) The California Legislature responded with a first-in-the-nation Homeowner Bill of Rights (HBOR), which requires mortgage servicers to provide borrowers a fair and transparent process, a single point of contact, and the opportunity to finish applying for a loan modification before foreclosure proceedings can start. HBOR stabilized families, neighborhoods, and local communities by slowing down indiscriminate foreclosures. -(c) Now, however, district attorneys and legal aid organizations are reporting an increasing number of cases in which mortgage servicers use a loophole in HBOR to foreclose on certain homeowners—people who survive the death of a borrower and have an ownership interest in the home but are not named on the mortgage loan. Most often, the “survivor” is the borrower’s spouse and is over 65 years of age. -(d) When the surviving widow or widower, domestic partner, children, or other heirs attempt to obtain basic information about the loan from the servicer, they face the same kind of barriers and abuses—and, finally foreclosure—that convinced the Legislature to pass HBOR. -(e) Home ownership is the primary avenue for most Americans to build generational wealth. Indiscriminate foreclosures on surviving heirs destroy a family’s ability to build for its financial future. Foreclosures also exacerbate the racial wealth gap—and overall wealth inequality—in society, and force seniors who want to “age in place” into the overheated rental market instead, with devastating health impacts. -(f) Surviving heirs deserve the same transparency and opportunity to save their home as HBOR gave the original borrower. This act would stem a disturbing nationwide trend and help keep widows and widowers, children, and other survivors in their homes—without requiring mortgage servicers to do anything more than they already do for other homeowners. -(g) It is the intent of the Legislature that this act work in conjunction with federal Consumer Financial Protection Bureau servicing guidelines. -SEC. 2. -Section 2920.7 is added to the Civil Code, to read: -2920.7. -(a) Upon notification by someone claiming to be a successor in interest that a borrower has died, and where that claimant is not a party to the loan or promissory note, a mortgage servicer shall not record a notice of default pursuant to Section 2924 until the mortgage servicer does both of the following: -(1) Requests reasonable documentation of the death of the borrower from the claimant, including, but not limited to, a death certificate or other written evidence of the death of the borrower. A reasonable period of time shall be provided for the claimant to present this documentation, but no less than 30 days from the date of a written request by the mortgage servicer. -(2) Requests reasonable documentation from the claimant demonstrating the ownership interest of that claimant in the real property. A reasonable period of time shall be provided for the claimant to present this documentation, but no less than 90 days from the date of a written request by the mortgage servicer. -(b) (1) Upon receipt by the mortgage servicer of the reasonable documentation of the status of a claimant as successor in interest and that claimant’s ownership interest in the real property, that claimant shall be deemed a “successor in interest.” -(2) There may be more than one successor in interest. A mortgage servicer shall apply the provisions of this section to multiple successors in interest in accordance with the terms of the loan and federal and state laws and regulations. When there are multiple successors in interest who do not wish to proceed as coborrowers or coapplicants, a mortgage servicer may require any nonapplicant successor in interest to consent in writing to the application for loan assumption. -(3) Being a successor in interest under this section does not impose an affirmative duty on a mortgage servicer or alter any obligation the mortgage servicer has to provide a loan modification to the successor in interest. If a successor in interest assumes the loan, he or she may be required to otherwise qualify for available foreclosure prevention alternatives offered by the mortgage servicer. -(c) Within 10 days of a claimant being deemed a successor in interest pursuant to subdivision (b), a mortgage servicer shall provide the successor in interest with information in writing about the loan. This information shall include, at a minimum, loan balance, interest rate and interest reset dates and amounts, balloon payments if any, prepayment penalties if any, default or delinquency status, the monthly payment amount, and payoff amounts. -(d) A mortgage servicer shall allow a successor in interest to either: -(1) Apply to assume the deceased borrower’s loan. The mortgage servicer may evaluate the creditworthiness of the successor in interest, subject to applicable investor requirements and guidelines. -(2) If a successor in interest of an assumable loan also seeks a foreclosure prevention alternative, simultaneously apply to assume the loan and for a foreclosure prevention alternative that may be offered by, or available through, the mortgage loan servicer. If the successor in interest qualifies for the foreclosure prevention alternative, assume the loan. The mortgage servicer may evaluate the creditworthiness of the successor in interest subject to applicable investor requirements and guidelines. -(e) (1) A successor in interest shall have all the same rights and remedies as a borrower under subdivision (a) of Section 2923.4 and under Sections 2923.6, 2923.7, 2924, 2924.9, 2924.10, 2924.11, 2924.12, 2924.15, 2924.17, 2924.18, and 2924.19. For the purposes of Section 2924.15, “owner-occupied” means that the property was the principal residence of the deceased borrower and is security for a loan made for personal, family, or household purposes. -(2) If a trustee’s deed upon sale has not been recorded, a successor in interest may bring an action for injunctive relief to enjoin a material violation of subdivision (a), (b), (c), or (d). Any injunction shall remain in place and any trustee’s sale shall be enjoined until the court determines that the mortgage servicer has corrected and remedied the violation or violations giving rise to the action for injunctive relief. An enjoined entity may move to dissolve an injunction based on a showing that the material violation has been corrected and remedied. -(3) After a trustee’s deed upon sale has been recorded, a mortgage servicer shall be liable to a successor in interest for actual economic damages pursuant to Section 3281 resulting from a material violation of subdivision (a), (b), (c), or (d) by that mortgage servicer if the violation was not corrected and remedied prior to the recordation of the trustee’s deed upon sale. If the court finds that the material violation was intentional or reckless, or resulted from willful misconduct by a mortgage servicer, the court may award the successor in interest the greater of treble actual damages or statutory damages of fifty thousand dollars ($50,000). -(4) A court may award a prevailing successor in interest reasonable attorney’s fees and costs in an action brought pursuant to this section. A successor in interest shall be deemed to have prevailed for purposes of this subdivision if the successor in interest obtained injunctive relief or damages pursuant to this section. -(5) A mortgage servicer shall not be liable for any violation that it has corrected and remedied prior to the recordation of the trustee’s deed upon sale or that has been corrected and remedied by third parties working on its behalf prior to the recordation of the trustee’s deed upon sale. -(f) Consistent with their general regulatory authority, and notwithstanding subdivisions (b) and (c) of Section 2924.18, the Department of Business Oversight and the Bureau of Real Estate may adopt regulations applicable to any entity or person under their respective jurisdictions that are necessary to carry out the purposes of this section. -(g) The rights and remedies provided by this section are in addition to and independent of any other rights, remedies, or procedures under any other law. This section shall not be construed to alter, limit, or negate any other rights, remedies, or procedures provided by law. -(h) Except as otherwise provided, this act does not affect the obligations arising from a mortgage or deed of trust. -(i) For purposes of this section, all of the following definitions shall apply: -(1) “Notification of the death of the mortgagor or trustor” means provision to the mortgage servicer of a death certificate or, if a death certificate is not available, of other written evidence of the death of the mortgagor or trustor deemed sufficient by the mortgage servicer. -(2) “Mortgage servicer” shall have the same meaning as provided in Section 2920.5. -(3) “Reasonable documentation” means copies of the following documents, as may be applicable, or, if the relevant documentation listed is not available, other written evidence of the person’s status as successor in interest to the real property that secures the mortgage or deed of trust deemed sufficient by the mortgage servicer: -(A) In the case of a personal representative, letters as defined in Section 52 of the Probate Code. -(B) In the case of devisee or an heir, a copy of the relevant will or trust document. -(C) In the case of a beneficiary of a revocable transfer on death deed, a copy of that deed. -(D) In the case of a surviving joint tenant, an affidavit of death of the joint tenant or a grant deed showing joint tenancy. -(E) In the case of a surviving spouse where the real property was held as community property with right of survivorship, an affidavit of death of the spouse or a deed showing community property with right of survivorship. -(F) In the case of a trustee of a trust, a certification of trust pursuant to Section 18100.5 of the Probate Code. -(G) In the case of a beneficiary of a trust, relevant trust documents related to the beneficiary’s interest. -(4) “Successor in interest” means a natural person who provides the mortgage servicer with notification of the death of the mortgagor or trustor and reasonable documentation showing that the person is the spouse, domestic partner, joint tenant as evidenced by grant deed, parent, grandparent, adult child, adult grandchild, or adult sibling of the deceased borrower, who occupied the property as his or her principal residence within the last six continuous months prior to the deceased borrower’s death and who currently resides in the property. -(j) This section shall apply to first lien mortgages or deeds of trust that are secured by owner-occupied residential real property containing no more than four dwelling units. “Owner-occupied” means that the property was the principal residence of the deceased borrower. -(k) (1) Any mortgage servicer, mortgagee, or beneficiary of the deed of trust, or an authorized agent thereof, who, with respect to the successor in interest or person claiming to be a successor in interest, complies with the relevant provisions regarding successors in interest of Part 1024 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1024), known as Regulation X, and Part 1026 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1026), known as Regulation Z, including any revisions to those regulations, shall be deemed to be in compliance with this section. -(2) The provisions of paragraph (1) shall only become operative on the effective date of any revisions to the relevant provisions regarding successors in interest of Part 1024 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1024), known as Regulation X, and Part 1026 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1026), known as Regulation Z, issued by the federal Consumer Financial Protection Bureau that revise the Final Servicing Rules in 78 Federal Register 10696, of February 14th, 2013. -(l) This section shall not apply to a successor in interest who is engaged in a legal dispute over the property that is security for the borrower’s outstanding mortgage loan and has filed a claim raising this dispute in a legal proceeding. -(m) This section shall not apply to a depository institution chartered under state or federal law, a person licensed pursuant to Division 9 (commencing with Section 22000) or Division 20 (commencing with Section 50000) of the Financial Code, or a person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, that, during its immediately preceding annual reporting period, as established with its primary regulator, foreclosed on 175 or fewer residential real properties, containing no more than four dwelling units, that are located in California. -(n) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 3. -The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law imposes various requirements to be satisfied prior to exercising a power of sale under a mortgage or deed of trust. Existing law gives a borrower, as defined, various rights and remedies against a mortgage servicer, mortgagee, trustee, beneficiary, and authorized agent in regards to foreclosure prevention alternatives, as defined, including loan modifications, which is commonly referred to as being part of the California Homeowner Bill of Rights. Existing law defines a mortgage servicer as a person or entity who directly services a loan, or is responsible for interacting with the borrower, and managing the loan account on a daily basis, as specified. -This bill until January 1, 2020, would prohibit a mortgage servicer, upon notification that a borrower has died, from recording a notice of default until the mortgage servicer does certain things, including requesting reasonable documentation of the death of the borrower from a claimant, who is someone claiming to be a successor in interest, who is not a party to the loan or promissory note and providing a reasonable period of time for the claimant to present the requested documentation. The bill would deem a claimant a successor in interest, as defined, upon receipt by a mortgage servicer of the reasonable documentation regarding the status of the claimant as a successor in interest and the claimant’s ownership interest in the real property. -The bill would require a mortgage servicer, within 10 days of a claimant being deemed a successor in interest, to provide the successor in interest with information about the loan, as specified. The bill would require a mortgage servicer to allow a successor in interest to assume the deceased borrower’s loan or to apply for foreclosure prevention alternatives on an assumable loan, as specified. The bill would authorize a mortgage servicer, when there are multiple successors in interest who do not wish to proceed as coborrowers or coapplicants, to require any nonapplicant successor in interest to consent in writing to the application for a loan assumption. The bill would provide that a successor in interest, as specified, who assumes an assumable loan and wishes to apply for a foreclosure prevention alternative has the same rights and remedies as a borrower under specified provisions of the California Homeowner Bill of Rights. The bill would authorize a successor in interest to bring an action for injunctive relief to enjoin a material violation of specified provisions of law and would authorize a court to award a prevailing successor in interest reasonable attorney’s fees and costs for the action. The bill would define terms for these purposes and make various findings and declarations. The bill would deem a mortgage servicer, mortgagee, or beneficiary of the deed of trust, or an agent thereof, to be in compliance with the above-described provisions if they comply with specified federal laws. The bill would exempt certain depository institutions and persons from these provisions, as specified.","An act to add Section 2920.7 to the Civil Code, relating to mortgages and deeds of trust." -320,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the Patricia Siegel Child Care Resource and Referral Memorial Act of 2016. -SEC. 2. -Section 8210 of the Education Code is amended to read: -8210. -Funds appropriated for the purpose of this article shall be used for child care resource and referral programs that may be operated by public or private nonprofit entities. -SEC. 3. -Section 8211 of the Education Code is amended to read: -8211. -It is the intent of the Legislature to appropriate funding each fiscal year for allocation to child care resource and referral programs. -SEC. 4. -Section 8212 of the Education Code is amended to read: -8212. -(a) Child care resource and referral programs are unique in their provision of services to all parents regardless of income and all types of child care providers. For purposes of this article, child care resource and referral programs, established to serve a defined geographic area, shall provide all of the following services: -(1) Identification of the full range of existing child care services through information provided by all relevant public and private agencies in the areas of service, and the development of a resource file of those services that shall be maintained and updated at least quarterly. These services shall include, but not be limited to, family day care homes, public and private day care programs, full-time and part-time programs, and infant, preschool, and extended care programs. The resource file shall include, but not be limited to, all of the following information: -(A) Type of program. -(B) Hours of service. -(C) Ages of children served. -(D) Fees and eligibility for services. -(E) Significant program information. -(2) (A) (i) Establishment of a referral process that is described in writing and is available to -parents -parents, providers, -and -potential -providers upon request, that responds to parental need for information to make the most informed child care choice for the family. Referrals shall be available to all persons requesting the information regardless of income level or other eligibility requirements. A child care resource and referral program shall limit the distribution of lists of small family day care homes as required pursuant to Section 1596.86 of the Health and Safety Code except when necessary to collaborate with federal, state, and local emergency response organizations for emergency preparedness and response efforts. Referrals shall be provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child day care facilities, and may make referrals to programs that are legally exempt from licensing. The referral process shall afford parents maximum access to all referral information. This access shall include, but is not limited to, telephone referrals to be made available for at least 30 hours per week as part of a full week of contracted operation. Every effort shall be made to make child care referrals accessible to all parents within the defined geographic area by using methods including, but not limited to, any of the following: -(I) Toll-free telephone lines. -(II) Email and other appropriate technology. -(III) Office space convenient to parents and providers. -(IV) Referrals in languages that are spoken in the community. -(ii) Each child care resource and referral program shall publicize its services through all available media sources, agencies, and other appropriate methods. -(B) (i) Provision of information to any person who requests a child care referral of his or her right to view the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the State Department of Social Services Community Care Licensing Division. -(ii) A written or oral advisement in substantially the following form will comply with the requirements of clause (i): - - -“State law requires licensed child day care facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a child care licensee may be available at an office of the State Department of Social Services Community Care Licensing Division. You have the right to access any public information in these files.” - - -(3) (A) Maintenance of ongoing documentation of requests for service tabulated through the internal referral process. The following documentation of requests for service shall be maintained by all child care resource and referral programs: -(i) Number of calls and contacts to the child care resource and referral program or component. -(ii) Ages of children served. -(iii) Time category of child care request for each child. -(iv) Special time category, such as nights, weekends, and swing shift. -(v) Reason that the child care is needed. -(vi) Requests for other child care information. -(vii) Child care supply information, including the number of licensed child care programs, and, if available, the number of license-exempt child care providers. -(B) This information shall be maintained in a manner that is easily accessible for dissemination purposes. -(4) Provision of technical assistance to existing and potential providers of all types of child care services to improve access to, increase the supply of, and improve the quality of child care available in every community in California. This assistance shall include, but not be limited to, all of the following: -(A) Providing information on all aspects of initiating new child care services including, but not limited to, licensing, zoning, program and budget development, and assistance in finding this information from other sources. -(B) Providing information and resources that help existing child care services providers to maximize their ability to serve the children and parents of their community. -(C) Providing training and workshops on health and safety, child development, special needs, and other topics related to professional development. -(D) Disseminating information on current public issues affecting the local and state delivery of child care services. -(E) Facilitating communication between existing child care and child-related services providers in the community served. -(F) Providing information about community resources, child care statistics, and opening a child care business to parents, child care providers, community organizations, and government entities. -(G) Collaborating with community partners to increase awareness of child care issues. -(H) Assisting community and public agencies in planning, coordinating, and improving child care in the defined geographic area. -(I) Partnering with local county welfare agencies in meeting the child care needs of CalWORKs families. -(J) Facilitating efforts to expand child care services in the local community based on demonstrated demand for services. -(b) Services prescribed by this section shall be provided in order to maximize parental choice in the selection of child care to facilitate the maintenance and development of child care services and resources. -(c) (1) A program operating pursuant to this article shall, within two business days of receiving notice from the State Department of Social Services Community Care Licensing Division, remove a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation from the program’s referral list. -(2) A program operating pursuant to this article shall, within two business days of receiving notice, notify all entities, operating a program under Article 3 (commencing with Section 8220) and Article 15.5 (commencing with Section 8350) in the program’s jurisdiction, of a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation. -SEC. 5. -Section 8212.3 of the Education Code is repealed. -SEC. 6. -Section 8212.5 is added to the Education Code, to read: -8212.5. -A child care resource and referral program shall develop and implement written complaint procedures that include all of the following: -(a) Procedures for documenting and resolving complaints. -(b) Procedures for referring reports of licensing violations to appropriate agencies. -(c) Procedures for removing and reinstating a child care provider from referral files. -SEC. 7. -Section 8214 of the Education Code is amended to read: -8214. -Basic child care referrals shall be provided at no cost to all persons requesting services, regardless of income level or other eligibility criteria. A basic child care referral shall include the names and telephone numbers of child care providers that meet the requested need of the parent or guardian seeking referrals in addition to the information and services described in Section 8216. A fee may be charged for an enhanced referral that includes information in addition to basic child care referral information. In addition to the services prescribed by this section, a child care resource and referral program may provide a wide variety of other parent and provider support and educational services. Services, including training, technical assistance, and other appropriate support that improves the quality of child care available in the community, may be provided for all types of child care providers, depending on the available funding for the services. -SEC. 8. -Section 8215 of the Education Code is amended to read: -8215. -(a) There are hereby established two projects, known as the California Child Care Initiative -Project - -Project — -State Program and the California Child Care Initiative -Project - -Project — -Quality Plan Program, respectively. -It is the intent of the Legislature to promote and foster the California Child Care Initiative Project - State Program in cooperation with private corporations and local governments. -The objective of both projects is to increase the availability of quality child care in the state. -(b) For purposes of this section, -the -California Child Care Initiative -Project -Projects -means -a project -projects -to clarify the role and functions of resource and referral programs in activities, including needs assessment, recruitment and screening of providers, technical assistance, and staff development and training, in order to aid communities to increase the number of child care spaces available and improve the quality of child care services offered. -(c) -It is the intent of the Legislature to promote and foster the California Child Care Initiative Project — State Program in cooperation with private corporations and local governments. -The Superintendent shall allocate all state funds appropriated for the California Child Care Initiative -Project - -Project -— -State Program and shall ensure that each dollar of state funds allocated pursuant to this subdivision is matched by two dollars ($2) statewide from other sources, including private corporations, the federal government, or local governments. -SEC. 9. -Section 8215.5 is added to the Education Code, to read: -8215.5. -Child care resource and referral programs shall provide a range of professional development services to all types of child care providers, including, but not limited to, license-exempt child care providers, licensed family day care homes, and center-based child care and development programs, to support the development of new child care services and to improve the quality of services available in the state. -SEC. 10. -Section 8216 of the Education Code is amended to read: -8216. -(a) A child care resource and referral program shall maximize parental choice and supports for parents in locating child care resources in their community by doing all of the following: -(1) Provide information regarding how to select child care services that meet the needs of the parent and child. -(2) Provide a range of possible child care alternatives from which a parent may choose. -(3) Provide information on licensing requirements and procedures. -(4) Provide information on available child care subsidies and eligibility requirements. -(b) When making referrals, an agency operating both a direct service program and a resource and referral program shall provide at least four referrals, at least one of which shall be a provider over which the agency has no fiscal or operational control. If there are fewer than four providers that meet the request of the parent, a resource and referral program shall provide all of the referrals that meet the parent’s request. -SEC. 11. -Section 8218 is added to the Education Code, to read: -8218. -(a) A child care resource and referral program shall implement the trustline registry program for license-exempt child care providers pursuant to Section 1596.655 of the Health and Safety Code. -(b) In addition to the responsibilities specified in Section 1596.655 of the Health and Safety Code, a child care resource and referral program shall do both of the following: -(1) Review trustline applications for completeness and forward the necessary application information to the State Department of Social Services for in-home or license-exempt, home-based child care providers who are being paid through state- or federally funded child care subsidies. -(2) Cooperate with the California Child Care Resource and Referral Network to facilitate the use of the trustline Web-based application process.","(1) The Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs. Existing law authorizes funds appropriated for purposes of the act to be used for child care resource and referral programs, which may be operated by public or private nonprofit entities and are required to provide certain information and services to parents and child care providers relating to child care services in a defined geographic area. -This bill, which would be known as the Patricia Siegel Child Care Resource and Referral Memorial Act of 2016, would require a child care resource and referral program to provide specified additional services, including providing training and workshops relating to child care services, providing community resource assistance, and collaborating with and assisting other community agencies in planning, coordinating, and improving child care. The bill would delete provisions authorizing a resource and referral program to provide short-term respite care, as defined. The bill would require a resource and referral program to implement written complaint procedures. The bill would require a resource and referral program to provide basic child care referrals, as defined, at no cost. The bill would require a resource and referral program to include additional information in the documentation a resource and referral program is required to maintain. -(2) Existing law requires the State Department of Social Services to prevent the use of lists containing names, addresses, and other identifying information of facilities identified as small family day care homes, with certain exceptions. -This bill, in addition, would require a child care resource and referral program to limit the distribution of lists of small family day care homes except when necessary to collaborate with federal, state, and local emergency response organizations for emergency preparedness and response efforts. -(3) Existing law establishes the California Child Care Initiative Project for certain purposes, including increasing the availability of qualified child care programs in the state. -This bill would instead establish 2 projects, to be known as the California Child Care Initiative -Project - -Project -— -State Program and the California Child Care Initiative -Project - -Project — -Quality Plan Program, respectively. -(4) Existing law requires the State Department of Social Services to establish a trustline registry for purposes of conducting background checks for specified child care service providers and imposes certain responsibilities on child care resource and referral programs in the administration of the trustline registry. -This bill would impose additional requirements on resource and referral programs relating to the trustline registry, including reviewing trustline applications for in-home or license-exempt, home-based child care providers who are being paid through state- or federally funded child care subsidies and facilitating the trustline Web-based application process. -(5) This bill would make other conforming changes and nonsubstantive changes.","An act to amend Sections 8210, 8211, 8212, 8214, 8215, and 8216 of, to add Sections 8212.5, 8215.5, and 8218 to, and to repeal Section 8212.3 of, the Education Code, relating to child care and development services." -321,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) In 2011, the State of California passed historic legislation to reduce recidivism in the state prison system by supervising people with low-level convictions at the local level, closer to their communities. To support realignment efforts, the state has provided approximately $2.5 billion in funding for local jail construction projects, including: -(1) One billion two hundred million dollars ($1,200,000,000) in funding for local jail construction projects authorized by Chapter 7 of the Statutes of 2007. In two phases of the program, 21 counties received awards. When all construction is completed, over 9,000 jail beds will have been added. -(2) Five hundred million dollars ($500,000,000) in funding for local jails authorized by Chapter 42 of the Statutes of 2012. The Board of State and Community Corrections (BSCC) awarded 14 counties funding. The program specified that counties seeking to replace or upgrade outdated facilities and provide alternatives to incarceration, including mental health and substance use disorder treatment, would be considered. -(3) An additional $500 million for local jails authorized by Chapter 37 of the Statutes of 2014. The BSCC awarded 15 counties funding. This funding was primarily available for improving existing capacity and treatment and programming space. -(4) An additional $250 million for local jails and an additional $20 million specifically for Napa County authorized by Chapter 34 of the Statutes of 2016. The funding was limited to those counties that had not been fully funded through previous grants. In addition, a facility constructed or renovated with program funding is required to include space for in-person visitation and a county applying for financing is required to submit a description of efforts to address sexual abuse in its jails. -(b) While a number of the counties that were awarded funding under the programs described in paragraphs (1), (2), and (3) of subdivision (a) are offering in-person visitation, there are several that have banned, or are considering banning, in-person visitation and instead offering only video visitation. -(c) Experts have found “that prison visitation can significantly improve the transition incarcerated people make from the institution to the community.” Just one visit “reduced the risk of recidivism by 13 percent for felony reconvictions and 25 percent for technical violation revocations.” “[M]ore frequent and recent visits were associated with a decreased risk of recidivism,” and “the more sources of social support an incarcerated person has, the lower the risk of recidivism.” -(d) Experts have additionally found that video “[v]isiting cannot replicate seeing someone in-person, and it is critical for a young child to visit his or her incarcerated parent in person to establish a secure attachment.” -(e) For purposes of updating and promulgating regulations, the BSCC utilizes the 2015 Adult Titles 15 and 24 Regulation Revision Executive Steering Committee (ESC). The ESC, which is responsible for regulations relating to visitation, requested that one of its working groups discuss the current visitation regulations as they relate to video visitation. Despite expert findings, the BSCC working group on visitation, which was comprised of only law enforcement representatives, stated, in part: “The workgroup engaged in a lengthy discussion regarding video visitation versus in-person visits. Several members of the group reported that their county is planning or building new facilities with space for video visiting only (no space for in-person visits).” -(f) Chapter 15 of the Statutes of 2011, the public safety realignment legislation, included the following legislative findings: “Realigning low-level felony offenders who do not have prior convictions for serious, violent, or sex offenses to locally run, community-based corrections programs which are strengthened through community-based punishment, evidence-based practices, improved supervision strategies, and enhanced secured capacity, will improve public safety outcomes among adult felons and facilitate their reintegration back into society.” -(g) Due to the enactment of realignment legislation, more people are serving lengthy jail sentences for felony convictions, often years and, in some cases, decades. -(h) California’s criminal justice realignment will be strengthened by ensuring that incarcerated people at the local level have contact with, and build meaningful connections with, friends and family in their communities. With these connections, incarcerated people will be better prepared to successfully reintegrate into and contribute to society. -SEC. 2. -Section 4032 is added to the Penal Code, to read: -4032. -(a) A local detention facility that elects to utilize video or other types of electronic devices for inmate visitations shall also provide inmates with in-person visitation that meets or surpasses the minimum number of weekly visits required by regulations of the Board of State and Community Corrections for persons detained in the facility. For purposes of this section, “local detention facility” has the same meaning as defined in Section 6031.4. -(b) Notwithstanding subdivision (a), a local detention facility that elects to utilize video or other types of electronic devices for inmate visitations and does not have existing space available for in-person visitation shall provide visitation in accordance with subdivision (a) no later than January 1, 2022.","Existing law provides that a county jail is kept by the sheriff of the county in which the jail is situated and is to be used for specified purposes, including for the confinement of persons sentenced to imprisonment in a county jail upon a criminal conviction. Existing regulations of the Board of State and Community Corrections specify the number of visits that inmates held in certain types of correctional facilities are required to be provided. -This bill would require a local detention facility, as defined, that elects to utilize video or other types of electronic devices for inmate visitations to also provide an inmate with in-person visitation that meets or surpasses the minimum number of weekly visits required by those regulations for a person detained in the facility. If a local detention facility does not have existing space available for in-person visitation, the bill would require the facility to comply no later than January 1, 2022.","An act to add Section 4032 to the Penal Code, relating to incarcerated persons." -322,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) It is the intent of the Legislature in enacting this act that cost, quality, and equity data be made available and to encourage health care service plans, health insurers, and providers to develop innovative approaches, services, and programs that may have the potential to deliver health care that is both cost effective and responsive to the needs of all enrollees, including recognizing the diversity of California and the impact of social determinants of health. -(b) It is further the intent of the Legislature that a cost, quality, and equity data atlas be utilized in California to inform efforts to: -(1) Assess California health care needs and available resources. -(2) Contain the cost of health care services and coverage. -(3) Improve the quality and medical appropriateness of health care. -(4) Eliminate or reduce health disparities and address the social determinants of health. -(5) Increase the transparency of health care costs and the relative efficiency with which care is delivered. -(6) Promote the use of disease management, wellness, prevention, and other innovative programs to keep people healthy, reduce disparities and costs, increase competition, and improve health outcomes for all populations. -(7) Assess the value and encourage the efficient utilization of prescription drugs and technology. -(8) Reduce unnecessary, inappropriate, and wasteful health care. -(9) Educate consumers in the use of health care information. -SEC. 2. -The heading of Chapter 8 (formerly commencing with Section 127670) of Part 2 of Division 107 of the Health and Safety Code, as amended by Section 230 of Chapter 183 of the Statutes of 2004, is repealed. -SEC. 3. -Chapter 8 (commencing with Section 127670) is added to Part 2 of Division 107 of the Health and Safety Code, to read: -CHAPTER 8. California Health Care Cost, Quality, and Equity Data Atlas -127670. -(a) The California Health and Human Services Agency shall research the options for developing a cost, quality, and equity data atlas that is consistent with paragraph (9) of subdivision (b) of Section 56.10 of the Civil Code. This research shall include all of the following: -(1) Identification of key data submitters, including health care service plans, specialized health care service plans, insurers licensed to provide health insurance, as defined in Section 106 of the Insurance Code, suppliers, as defined in paragraph (3) of subdivision (b) of Section 1367.50, providers, as defined in paragraph (2) of subdivision (b) of Section 1367.50, self-insured employers, multiemployer self-insured plans that are responsible for paying for health care services provided to beneficiaries, and trust administrators for multiemployer self-insured plans. -(2) A comparative analysis of potential models used in other states and an assessment of the extent to which information in addition to the following should be included in the cost, quality, and equity data atlas: -(A) Data from the health care service plans’ and insurers’ medical, dental, and pharmacy claims or, in the case of entities that do not use claims data, including, but not limited to, integrated delivery systems, encounter data consistent with the core set of data elements for data submission proposed by the All-Payer Claims Database Council, the University of New Hampshire, and the National Association of Health Data Organizations. -(B) Pricing information for health care items, services, and medical and surgical episodes of care gathered from allowed charges for covered health care items and services or, in the case of entities that do not use or produce individual claims, price information that is the best possible proxy to pricing information for health care items, services, and medical and surgical episodes of care available in lieu of actual cost data to allow for meaningful comparisons of provider prices and treatment costs. -(C) Information sufficient to determine the impacts of social determinants of health, including age, gender, race, ethnicity, limited English proficiency, sexual orientation and gender identity, ZIP Code, and any other factors for which there is peer-reviewed evidence. -(D) Clinical data from health care service plans, integrated delivery systems, hospitals, and clinics, or any combination thereof, that is not included in the core set of data elements for data submission proposed by the All-Payer Claims Database Council and the National Association of Health Data Organizations. -(3) An assessment of types of governance structures that incorporate representatives of health care stakeholders and experts, including, but not limited to, representatives of data submitters and representatives of purchasers, such as businesses, organized labor, and consumers. -(4) Recommendations on potential funding approaches to support the activities of the cost, quality, and equity data atlas that recognize federal and state confidentiality of medical information laws. -(5) An assessment on the extent to which the cost, quality, and equity data atlas could be developed in conjunction with existing public or private activities, including an assessment of the tradeoffs associated with housing the atlas inside or outside of state government. -(6) Consultation with a broad spectrum of health care stakeholders and experts, including, but not limited to, representatives of purchasers, such as organized labor, consumers, and businesses. -(b) The agency may enter into contracts or agreements to conduct the research described in subdivision (a). -(c) (1) The agency shall make the results of the research described in subdivision (a) available to the public no later than March 1, 2017, by submitting a report to the Assembly and Senate Committees on Health. -(2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on January 1, 2021. -(d) The agency may use federal funds for the purpose of this section.","Existing law establishes health care coverage programs to provide health care to segments of the population meeting specified criteria who are otherwise unable to afford health care coverage and provides for the licensure and regulation of health insurers and health care service plans. -This bill would require the California Health and Human Services Agency to research the options for developing a cost, quality, and equity data atlas. The bill would require the research to include certain topics, including, among others, identification of key data submitters and a comparative analysis of potential models used in other states. The bill would authorize the agency to enter into contracts or agreements to conduct the research and would require the agency to make the results of the research available to the public no later than March 1, 2017, by submitting a report to the Assembly and Senate Committees on Health.","An act to add Chapter 8 (commencing with Section 127670) to Part 2 of Division 107 of, and to repeal the heading of Chapter 8 (formerly commencing with Section 127670) of Part 2 of Division 107 of, the Health and Safety Code, relating to health care." -323,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the Healthy Food, Healthy Student Act. -SEC. 2. -Section 49430 of the Education Code is amended to read: -49430. -As used in this article, the following terms have the following meanings: -(a) “Added sweetener” means an additive other than 100 percent fruit juice that enhances the sweetness of a beverage. -(b) “Combination foods” means products that contain two or more components representing two or more of the recommended food groups: fruit, vegetable, dairy, protein, or grains. -(c) “Competitive foods” means all food and beverages other than meals reimbursed under programs authorized by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771 et seq.) available for sale to pupils on the school campus during the schoolday. -(d) “Deep fried” means a food item that is cooked by total submersion in oil or fat. -(e) “Elementary school” means a school operated and maintained by a school district or county office of education that maintains any grade from kindergarten to grade 6, inclusive, but no grade higher than grade 6. -(f) “Entrée” means a food that is generally regarded as being the primary food in a meal, and shall include, but not be limited to, sandwiches, burritos, pasta, and pizza. -(g) “Flash fried” means a food item that is quickly fried on both sides in oil with a temperature of 400 degrees Fahrenheit or higher. -(h) “High school” means a school operated and maintained by a school district or county office of education maintaining any of grades 9 to 12, inclusive. -(i) “Middle school” means a school operated and maintained by a school district or county office of education that maintains grade 7 or 8, grades 7 to 9, inclusive, or grades 7 to 10, inclusive. -(j) “Par fried” means a food item that is fried to reach an internal temperature of 160 degrees Fahrenheit then it is cooled to room temperature so that it may be refrigerated or frozen for future frying. -(k) “School campus” means all areas of the property under the jurisdiction of the school that are accessible to pupils during the schoolday. -(l) “Schoolday” means the period from the midnight before to 30 minutes after the end of the official schoolday. -(m) “Snack” means a food that is generally regarded as supplementing a meal, including, but not limited to, chips, crackers, yogurt, cheese, nuts, seeds, fruit, or vegetables. -(n) “Sold” means the exchange of food or beverages for money, coupons, vouchers, or order forms when any part of the exchange occurs on a school campus. -SEC. 3. -Section 49430.5 of the Education Code is amended to read: -49430.5. -(a) The reimbursement a school receives for free and reduced-price meals sold or served to pupils in elementary, middle, or high schools included within a school district, charter school, or county office of education shall be twenty-two and seventy-one hundredths cents ($0.2271) per meal, and, for meals served in child care centers and homes, the reimbursement shall be sixteen and ninety-one hundredths cents ($0.1691) per meal. -(b) To qualify for the reimbursement for free and reduced-price meals provided to pupils in elementary, middle, or high schools, a school shall follow the United States Department of Agriculture meal pattern. -(c) The reimbursement rates set forth in this section shall be adjusted annually for increases in cost of living in the same manner set forth in Section 42238.1. -SEC. 4. -Section 49430.7 of the Education Code is amended to read: -49430.7. -(a) For purposes of this section, the following terms have the following meanings: -(1) “Child development program” means a program operated pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1. -(2) “School” means a school operated and maintained by a school district or county office of education, or a charter school. -(3) “School district” means a school district, charter school, or county office of education. -(b) As a condition of receipt of funds pursuant to Section 49430.5, commencing with the 2007–08 fiscal year, for meals and food items sold as part of the free and reduced-price meal programs, a school or school district shall comply with all of the following requirements and prohibitions: -(1) Follow the United States Department of Agriculture meal pattern. -(2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school or school district. -(3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving. -(4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat that is prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this paragraph include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit. -(c) For meals and food items sold as part of the free and reduced-price meal programs, a child development program is encouraged to comply with all of the following guidelines: -(1) Meet developmentally and programmatically appropriate meal pattern and the United States Department of Agriculture meal pattern. -(2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school, school district, or child development program. -(3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving. -(4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this provision include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit. -(d) As a condition of receipt of funds pursuant to Section 49430.5, schools and school districts shall provide the department with an annual certification of compliance with the provisions of this section. -(e) This section shall become operative only upon an appropriation for its purposes in the annual Budget Act or another statute. -SEC. 5. -Section 49431 of the Education Code is amended to read: -49431. -(a) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary school, the only competitive foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meets the following standards: -(1) Not more than 35 percent of its total calories shall be from fat. This paragraph shall not apply to individually sold portions of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination. -(2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination. -(3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. This paragraph shall not apply to fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination. -(4) Contains less than 0.5 grams of trans fat per serving. -(5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil. -(6) Contains not more than 200 calories per individual food item. -(b) An elementary school may permit the sale of food items that do not comply with subdivision (a) as part of a school fundraising event in either of the following circumstances: -(1) The sale of those items takes place off of and away from school premises. -(2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. -(c) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section and Section 49431.5. -SEC. 6. -Section 49431.2 of the Education Code is amended to read: -49431.2. -(a) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, the only competitive snack foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meet all of the following standards: -(1) Not more than 35 percent of its total calories shall be from fat. This paragraph does not apply to the sale of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination. -(2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination. -(3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugars. This paragraph shall not apply to the sale of fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination. -(4) Contains less than 0.5 grams of trans fat per serving. -(5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil. -(6) Contains not more than 200 calories per individual food item. -(b) (1) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu shall meet the following standards: -(A) Contains not more than 400 calories per entrée item. -(B) Not more than 35 percent of its total calories shall be from fat. -(C) Contains less than 0.5 grams trans fat per serving. -(D) Is offered in the same or smaller portion sizes as in the federal National School Lunch Program or federal School Breakfast Program. -(2) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department but not the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu, or a competitive entrée sold by any other entity, shall meet the following standards: -(A) Not more than 35 percent of its total calories shall be from fat. -(B) Less than 10 percent of its calories shall be from saturated fat. -(C) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. -(D) Contains less than 0.5 grams of trans fat per serving. -(E) Contains not more than 480 milligrams of sodium. -(F) Contains not more than 350 calories. -(c) A middle school or high school may permit the sale of food items that do not comply with subdivision (a) or (b) in any of the following circumstances: -(1) The sale of those items takes place off of and away from school premises. -(2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. -(d) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section. -SEC. 7. -Section 49431.5 of the Education Code is amended to read: -49431.5. -(a) (1) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary or middle school, the only competitive beverages that may be sold to a pupil are the following: -(A) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. -(B) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. -(C) Plain water or plain carbonated water. -(D) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, and other similar nondairy milk in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. -(E) A beverage shall not contain caffeine with the exception of trace amounts of naturally occurring caffeine substances. -(2) An elementary school or middle school may permit the sale of beverages that do not comply with paragraph (1) as part of a school fundraising event in either of the following circumstances: -(A) The sale of those items takes place off and away from the premises of the school. -(B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. -(3) From the midnight before to 30 minutes after the end of the official schoolday, at each high school, the only competitive beverages that may be sold to a pupil are the following: -(A) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 12 fluid ounces. -(B) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 12 fluid ounces. -(C) Plain water or plain carbonated water. -(D) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, and other similar nondairy milk in a maximum serving size of 12 fluid ounces. -(E) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces. -(F) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces. -(G) Electrolyte replacement beverages that are labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces. -(H) Electrolyte replacement beverages that are labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces. -(I) Beverages labeled or commonly referred to as sodas, colas, or soft drinks are not allowed. -(J) A beverage shall not contain caffeine with the exception of trace amounts of naturally occurring caffeine substances. -(4) A high school may permit the sale of beverages that do not comply with paragraph (3) as part of a school event if the sale of those items meets either of the following criteria: -(A) The sale of those items takes place off and away from the premises of the school. -(B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. -(b) It is the intent of the Legislature that the governing board of a school district annually review its compliance with this section. -(c) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this section may not be waived. -SEC. 8. -Section 49431.7 of the Education Code is amended to read: -49431.7. -(a) From the midnight before to 30 minutes after the end of the official schoolday, a school or school district shall not sell to pupils enrolled in kindergarten, or any of grades 1 to 12, inclusive, food containing artificial trans fat, as defined in subdivision (b). -(b) For purposes of this section, a food contains artificial trans fat if a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams of trans fat per serving. -(c) This section shall not apply to food provided as part of a United States Department of Agriculture meal program. -SEC. 9. -Section 49432 of the Education Code is amended to read: -49432. -Every public school may post a summary of nutrition and physical activity laws and regulations, and shall inform the public about the content of the school’s local school wellness policy, established pursuant to the federal Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296). The department shall develop the summary of state law and regulations. -SEC. 10. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act implements a federal law or regulation and results in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing federal law establishes nutritional standards for all food and beverages other than meals reimbursed under programs authorized by the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 available for sale to pupils on the school campus during the schoolday. -Existing state law establishes nutritional standards for all food and beverages sold or served to pupils in elementary, middle, and high school. -This bill would enact the Healthy Food, Healthy Student Act to update state law regarding school nutritional standards to conform to the federal standards. To the extent these changes would impose new duties on school districts and county offices of education, the bill would impose a state-mandated local program. -(2) Existing law requires every public school to post the school district’s nutrition and physical activity policies in public view within all school cafeterias or other central eating areas. -This bill would, instead, require every public school to inform the public about the content of the school’s local school wellness policy, thereby imposing a state-mandated local program. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to amend Sections 49430, 49430.5, 49430.7, 49431, 49431.2, 49431.5, 49431.7, and 49432 of the Education Code, relating to pupil nutrition." -324,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 211 of the Statutes of 1919, as amended by Chapter 1223 of the Statutes of 1977, is repealed. -SEC. 2. -(a) For the purposes of this act, the following definitions shall apply: -(1) “Act” means Sections 2 to 10, inclusive, of the act enacting this section. -(2) “Commission” means the State Lands Commission. -(3) “Public trust doctrine” means the common law doctrine, as enunciated by the court in Marks v. Whitney (1971) 6 Cal.3d 251 and National Audubon Society v. Superior Court (1983) 33 Cal.3d 419 and other relevant judicial decisions, specifying the state’s authority as sovereign to exercise a continuous supervision and control over the navigable waters of the state, the lands underlying those waters, and nonnavigable tributaries to navigable waters, including the protection of maritime or water dependent commerce, navigation, and fisheries, and the preservation of lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation. -(4) “State” means the State of California. -(5) “Trustee” means the City of Albany, a municipal corporation. -(6) “Trust lands” means Parcel 1, Parcel 2, and Parcel 3, as described in Section 10 of this act, situated in the County of Alameda. -(7) “Trust revenues” means all revenues received from trust lands and trust assets. -(8) “Trust lands use plan” or “plan” means the trust lands use plan required to be submitted by the trustee to the commission pursuant to Section 4 of this act. -(9) “Trust lands use report” means the report of the trustee’s utilization of the trust lands required to be submitted by the trustee pursuant to Section 5 of this act. -(b) There is hereby granted in trust to the City of Albany, and to its successors, all of the rights, title, and interest of the state, held by the state by virtue of its sovereignty, in and to three parcels of land situated in the County of Alameda as described in Section 10 of this act. -(c) The Legislature finds and declares that the City of Albany intends that the lands granted in subdivision (b) shall be included as part of McLaughlin Eastshore State Park. -SEC. 3. -The trust grant specified in subdivision (b) of Section 2 of this act is subject to all of the following express conditions: -(a) The trust lands shall be held by the trustee in trust for the benefit of all the people of the state for purposes consistent with the public trust doctrine, including, but not limited to, maritime or water-dependent commerce, navigation, and fisheries, and preservation of the lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation. -(b) On and after January 1, 2022, the use of the trust lands shall conform to an approved trust lands use plan, as required by Section 4 of this act. -(c) The trustee shall not, at any time, grant, convey, give, or otherwise alienate or hypothecate the trust lands, or any part of the trust lands, to any person, firm, entity, or corporation for any purposes whatsoever. -(d) The trustee may lease the trust lands, or any part of the trust lands, for limited periods, not exceeding 49 years, for purposes consistent with the trust upon which those lands are held, as specified in subdivision (a). The trustee may collect and retain rents and other trust revenues from those leases, under rules and regulations adopted in accordance with subdivision (d) of Section 4 of this act, and in accordance with all of the following requirements: -(1) On and after January 1, 2022, all leases or agreements proposed or entered into by the trustee shall be consistent with the trust lands use plan approved by the commission, as required by Section 4 of this act. Any leases entered into prior to January 1, 2022, shall be consistent with the public trust doctrine and the terms of subdivision (a). -(2) The lease rental rates shall be for a fair annual rent. -(3) The lease shall be in the best interest of the state. -(e) When managing, conducting, operating, or controlling the trust lands or an improvement, betterment, or structure on the trust lands, the trustee or his or her successor shall not discriminate in rates, tolls, or charges for any use or service in connection with those actions and shall not discriminate against or unlawfully segregate any person or group of persons because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, in accordance with Article 1 (commencing with Section 12940) of Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government Code and other state antidiscrimination laws, for any use or service in connection with those actions. -(f) The state shall have the right to use, without charge, a transportation, landing, or storage improvement, betterment, or structure constructed upon the trust lands for a vessel or other watercraft or railroad owned or operated by, or under contract to, the state. -(g) The trust lands are subject to the express reservation and condition that the state may, at any time in the future, use those lands or any portion of those lands for highway purposes without compensation to the trustee or a person, firm, or public or private corporation claiming a right to those lands, except, if improvements have been placed with legal authority upon the property taken by the state for highway purposes, compensation shall be made to the person entitled to the value of the interest in the improvements taken or the damages to that interest. -(h) There is reserved to the people of the state the right to fish in the waters over the trust lands, with the right of convenient access to those waters over the trust lands for this purpose. -(i) There is excepted and reserved to the state all remains or artifacts of archaeological or historical significance and all deposits of minerals in the trust lands, including, but not limited to, all substances specified in Section 6407 of the Public Resources Code, and the right to prospect for, mine, and remove those deposits from the lands. -(j) Prior to entering into a lease, franchise, or agreement concerning the trust lands, the governing body of the trustee shall first adopt a resolution declaring its intention to take that action. The resolution shall describe the lands or improvements that are the subject of the lease, franchise, or agreement in such a manner as to identify them accurately and shall specify the minimum rental or other consideration and the other terms and conditions of the lease, franchise, or agreement. The resolution shall be submitted to the commission prior to entering into a lease, franchise, or agreement. -(k) The trustee shall reimburse the commission for all expenses incurred in the administration of this act, including periodic audits or investigations. -SEC. 4. -(a) On or before January 1, 2022, the trustee shall submit to the commission a trust lands use plan describing any proposed development, preservation, or other use of the trust lands. The trustee shall thereafter submit to the commission for approval all changes or amendments to, or extensions of, the trust lands use plan. The trustee may apply to the commission for, and the commission may approve, reasonable extensions of time to meet this deadline. -(b) The commission shall review with reasonable promptness the trust lands use plan submitted by the trustee and any changes or amendments to determine whether they are consistent with the public trust doctrine and the requirements of this act. Based upon its review, the commission shall either approve or disapprove the plan. If the commission disapproves the plan, the commission shall notify the trustee and the trustee shall submit a revised plan to the commission no later than 180 days after the date of notice of disapproval. If the commission determines the revised plan is inconsistent with the public trust doctrine or the requirements of this act, all rights, title, and interest of the trustee in and to the trust lands and improvements on the trust lands shall revert to the state. -(c) The trust lands use plan shall consist of a plan, program, or other document that includes all of the following: -(1) A general description of the type of uses planned or proposed for the trust lands. The location of these land uses shall be shown on a map or aerial photograph. -(2) The projected statewide benefit to be derived from the planned or proposed uses of the trust lands, including, but not limited to, financial benefit. -(3) The proposed method of financing the planned or proposed uses of the trust lands, including estimated capital costs, annual operating costs, and anticipated annual trust revenues. -(4) An estimated timetable for the implementation of the trust lands use plan or each phase of the plan. -(5) A description of how the trustee proposes to protect and preserve natural and manmade resources and facilities located on trust lands and operated in connection with the use of the trust lands, including, but not limited to, addressing impacts from sea level rise. -(d) The governing body of the trustee shall also submit to the commission, as part of the trust lands use plan, for its approval procedures, rules, and regulations to govern the use of or development of the trust lands. These rules and regulations shall include, but are not limited to, lease rates, the basis upon which the rates are established, lease terms and conditions, provisions for renegotiation of rates and terms and assignments, and any other information as may be required by the commission. -(e) Upon request, the trustee shall submit to the commission a copy of all leases and agreements entered into, renewed, or renegotiated. -SEC. 5. -(a) On or before September 30, 2022, and on or before September 30 of every succeeding fifth year, the trustee shall submit a report of its utilization of the trust lands for each immediately preceding five-calendar-year period ending with June 30 of the calendar year in which the report is required to be submitted. -(b) The report required by this section shall include all of the following: -(1) A general description of the uses to which the trust lands have been placed during the period covered by the report. -(2) A list of the holders of leases or permits that have been granted or issued by the trustee. The list shall specify all of the following, as to each holder: -(A) The use to which the trust lands have been placed by the owner or holder. -(B) The consideration provided for in each lease or permit and the consideration actually received by the trustee for the lease or permit granted or issued. -(C) An enumeration of the restrictions that the trustee has placed on the use of the trust lands, and each area of the trust lands, for the period covered by the report. -(c) A report shall not be required if the utilization of the trust lands within the immediately preceding five-calendar-year period is identical to the utilization of the trust lands as stated in a previously submitted report. If a new report is not submitted, the trustee shall submit a letter to the commission stating that its utilization of the trust lands has not changed during the immediately preceding five-calendar-year period. The letter required in this section shall also include the name and date of the utilization report that contains the applicable uses of the trust lands. -SEC. 6. -(a) The trustee shall demonstrate good faith in carrying out the provisions of its trust lands use plan and amending it when necessary in accordance with subdivision (a) of Section 4 of this act. -(b) If the commission determines that the trustee has substantially failed to improve, restore, preserve, or maintain the trust lands, as required by the trust lands use plan, or has unreasonably delayed implementation of the trust lands use plan, all rights, title, and interest of the trustee in and to the trust lands and improvements on the trust lands shall revert to the state. -SEC. 7. -(a) (1) The trustee shall establish and maintain accounting procedures, in accordance with generally accepted accounting principles, providing accurate records of all revenues received from the trust lands and trust assets and of all expenditures of those revenues. -(2) All trust revenues received from trust lands and trust assets shall be expended only for those uses and purposes consistent with this act. The trustee shall provide for the segregation of the revenues derived from the use of the trust lands by the trustee from other city municipal funds, so as to ensure that trust revenues are only expended to enhance or maintain the trust lands in accordance with the uses and purposes for which the trust lands are held. -(3) Trust revenues may be expended to acquire appropriate upland properties to benefit and enhance the trust, subject to a determination by the commission that this acquisition is consistent with this act and in the best interests of the state. Property acquired with these trust revenues shall be considered an asset of the trust and subject to the terms and conditions of this act. -(b) The trustee shall comply with Section 6306 of the Public Resources Code. -(c) (1) Before expending trust revenues for any single capital improvement on the trust lands involving an amount in excess of two hundred fifty thousand dollars ($250,000) in the aggregate, the trustee shall file with the commission a detailed description of the capital improvement not less than 120 days prior to the time of any disbursement of trust revenues for, or in connection with, that capital improvement. -(2) Within 120 days after the time of a filing specified in paragraph (1), the commission shall determine whether the capital improvement is in the statewide interest and benefit and, if the filing is made on or before December 1, 2021, whether it is consistent with subdivision (a) of Section 3 of this act or, if the filing is made on or after January 1, 2022, whether it is consistent with the trust lands use plan. The commission may request the opinion of the Attorney General on the matter, and if the commission makes this request, the Attorney General shall deliver a copy of the opinion to the trustee with the notice of its determination. -(3) If the commission notifies the trustee that the capital improvement is not authorized, the trustee shall not disburse any trust revenues for, or in connection with, the capital improvement, unless it is determined to be authorized by a final order or judgment of a court of competent jurisdiction. -(4) The trustee may bring suit against the state to secure an order or judgment for purposes of paragraph (3). The suit shall have priority over all other civil matters. Service shall be made upon the executive officer of the commission and the Attorney General, and the Attorney General shall defend the state in that suit. If judgment is given against the state in the suit, no costs may be recovered. -(d) On June 30, 2021, and at the end of every fiscal year thereafter, 20 percent of all gross revenue generated from the trust lands shall be transmitted to the commission. Of this amount transmitted, the commission shall allocate 80 percent to the Treasurer for deposit in the General Fund and 20 percent to the Treasurer for deposit in the Land Bank Fund, created pursuant to Section 8610 of the Public Resources Code, for expenditure pursuant to the Kapiloff Land Bank Act (Division 7 (commencing with Section 8600) of the Public Resources Code) for management of the commission’s granted lands program. -(e) The commission may, from time to time, institute a formal inquiry to determine that the terms and conditions of this act, and amendments to this act, have been complied with and that all other applicable provisions of law concerning the trust lands are being complied with in good faith. -(f) The commission shall approve in advance of expenditure any reimbursement for expenditures of nontrust revenues for improvements made to the trust or, if not approved, those expenditures shall be deemed a gift to the trust. -SEC. 8. -(a) If the commission finds that the trustee has violated or is about to violate the terms of its trust grant or any other principle of law relating to its obligation under the public trust doctrine or under this act, the commission shall notify the trustee of the violation. -(b) The trustee shall have 30 days from the receipt of a notice of violation to conform to the terms of its grant and the principles of law under the public trust doctrine. If the trustee fails or refuses to take those actions, the commission may bring an action to enforce the rights of the state and people as settlor beneficiary of the public trust doctrine. -(c) The Attorney General shall represent the state in all actions or proceedings taken pursuant to this section. If the judgment is given against the state in the action or proceeding, no costs shall be recovered from the state and people. -SEC. 9. -The requirements of Section 6359 of the Public Resources Code do not apply to the trust lands granted pursuant to this act. -SEC. 10. -The trust lands granted in Section 3 are three parcels of tide and submerged lands situated in and adjacent to the bed of San Francisco Bay, Alameda County, State of California, more particularly described as follows: -PARCEL 1 -COMMENCING at point “A” as shown on the Map of the Grant to the City of Albany, recorded July 24, 1963, in Book 43 of Maps, page 12A, Alameda County Records, said point “A” having California Zone 2 coordinates of x = 1,469,703.82 feet and y = 511,851.40 feet, thence along the northerly boundary of said Grant S 74° 21’ 53” E, 2573.92 feet to point “B” as shown on said map and being the TRUE POINT OF BEGINNING, thence continuing along the boundary of said grant the following ten courses: -(1) N 01° 08’ 07” E, 661.08 feet; -(2) S 88° 51’ 53” E, 661.58 feet; -(3) N 01° 08’ 07” E, 876.29 feet; -(4) N 75° 19’ 34” E, 1636.95 feet; -(5) S 88° 51’ 53” E, 409.57 feet; -(6) S 01° 08’ 07” W, 1321.66 feet; -(7) N 88° 51’ 53” W, 661.05 feet; -(8) S 01° 08’ 07” W, 1322.17 feet; -(9) N 88° 51’ 53” W, 1550.05 feet; -(10) S 32° 12’ 53” E, 1582.80 feet; -thence N 88° 51’ 53” W, 1305.22 feet; thence N 01° 08’ 07” E, 1983.26 feet to the True Point of Beginning. -Coordinates, bearings, and distances used in the above description are based on the California Coordinate System, Zone 2. -PARCEL 2 -BEGINNING at Point “J” as shown on said Map of Grant to the City of Albany, recorded July 24, 1963, said point “J” having California Zone 2 coordinates of x = 1,474,154.14 feet and y = 510,458.00 feet, thence along the boundary of said grant the following two courses: -(1) N 88° 51’ 53” W, 1550.05 feet; -(2) S 32° 12’ 53” E, 1582.80 feet; -thence N 28° 20’ 17” E, 1487.26 feet to the point of beginning. Coordinates, bearings, and distances used in the above description are based on the California Coordinate System, Zone 2. -PARCEL 3 -All of that certain parcel of land described as Parcel 1 in deed to the City of Albany, recorded January 15, 1942, in Liber 4159, page 296, Alameda County Records. -SEC. 11. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution.","Existing law grants in trust to the City of Albany certain designated tidelands and submerged lands, both filled and unfilled, for specified uses. The grant, among other things, requires that those lands be used in conformity with the Albany Waterfront Plan and be improved in accordance with the plan on or before January 1, 1988, or title therein shall revert to the state. Existing law imposes various requirements regarding public rights in the granted lands, leasing of lands by the city, management and disposition of revenues from the lands, and the determination of boundaries of the lands granted that are subject to the jurisdiction of the San Francisco Bay Conservation and Development Commission. Existing law requires 85% of excess trust revenues, as specified, to be transmitted to the Treasurer and deposited in the General Fund. -This bill would delete those provisions and instead require that, on and after January 1, 2022, the use of those trust lands, as described, conform to an approved trust lands use plan, prescribed by the bill, and all leases or agreements proposed or entered into by the City of Albany, as trustee of those lands, also be consistent with the public trust doctrine, as defined, and conform to the plan. The bill would require the trustee, on or before September 30, 2022, and on or before September 30 of every succeeding 5th year thereafter, to submit a report to the State Lands Commission. By imposing new duties on a local government with regard to providing for the use and management of those trust lands, the bill would impose a state-mandated local program. -Existing law, the Kapiloff Land Bank Act, creates the Land Bank Fund and continuously appropriates money in the fund, subject to a statutory trust, to the State Lands Commission, acting as the Land Bank Trustee, to acquire real property or any interest in real property for the purposes of public trust settlements. -The bill would require on June 30, 2021, and at the end of every fiscal year thereafter, that 20% of all gross revenue generated from the City of Albany trust lands be transmitted to the commission and, of this amount transmitted, would require the commission to allocate 80% to the Treasurer for deposit in the General Fund and 20% for deposit in the Land Bank Fund for expenditure by the commission pursuant to the act, thereby making an appropriation. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to repeal Chapter 211 of the Statutes of 1919, relating to tidelands and submerged lands in the Bay of San Francisco, and making an appropriation therefor." -325,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2220.05 of the Business and Professions Code is amended to read: -2220.05. -(a) In order to ensure that its resources are maximized for the protection of the public, the Medical Board of California shall prioritize its investigative and prosecutorial resources to ensure that physicians and surgeons representing the greatest threat of harm are identified and disciplined expeditiously. Cases involving any of the following allegations shall be handled on a priority basis, as follows, with the highest priority being given to cases in the first paragraph: -(1) Gross negligence, incompetence, or repeated negligent acts that involve death or serious bodily injury to one or more patients, such that the physician and surgeon represents a danger to the public. -(2) Drug or alcohol abuse by a physician and surgeon involving death or serious bodily injury to a patient. -(3) Repeated acts of clearly excessive prescribing, furnishing, or administering of controlled substances, or repeated acts of prescribing, dispensing, or furnishing of controlled substances without a good faith prior examination of the patient and medical reason therefor. However, in no event shall a physician and surgeon prescribing, furnishing, or administering controlled substances for intractable pain consistent with lawful prescribing, including, but not limited to, Sections 725, 2241.5, and 2241.6 of this code and Sections 11159.2 and 124961 of the Health and Safety Code, be prosecuted for excessive prescribing and prompt review of the applicability of these provisions shall be made in any complaint that may implicate these provisions. -(4) Repeated acts of clearly excessive recommending of cannabis to patients for medical purposes, or repeated acts of recommending cannabis to patients for medical purposes without a good faith prior examination of the patient and a medical reason for the recommendation. -(5) Sexual misconduct with one or more patients during a course of treatment or an examination. -(6) Practicing medicine while under the influence of drugs or alcohol. -(7) Repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason therefor. -(b) The board may by regulation prioritize cases involving an allegation of conduct that is not described in subdivision (a). Those cases prioritized by regulation shall not be assigned a priority equal to or higher than the priorities established in subdivision (a). -(c) The Medical Board of California shall indicate in its annual report mandated by Section 2312 the number of temporary restraining orders, interim suspension orders, and disciplinary actions that are taken in each priority category specified in subdivisions (a) and (b). -SEC. 2. -Section 2245 is added to the Business and Professions Code, to read: -2245. -(a) The Medical Board of California on a quarterly basis shall review the data provided pursuant to Section 14028 of the Welfare and Institutions Code by the State Department of Health Care Services and the State Department of Social Services in order to determine if any potential violations of law or excessive prescribing of psychotropic medications inconsistent with the standard of care exist and, if warranted, shall conduct an investigation. -(b) The State Department of Health Care Services shall disseminate the treatment guidelines on an annual basis through its existing communications with Medi-Cal providers, such as the department’s Internet Web site or provider bulletins. -(c) If, after an investigation, the Medical Board of California concludes that there was a violation of law, the board shall take disciplinary action, as appropriate, as authorized by Section 2227. -(d) If, after an investigation, the Medical Board of California concludes that there was excessive prescribing of psychotropic medications inconsistent with the standard of care, the board shall take action, as appropriate, as authorized by Section 2227. -(e) (1) Notwithstanding Section 10231.5 of the Government Code, commencing July 1, 2017, the Medical Board of California shall report annually to the Legislature, the State Department of Health Care Services, and the State Department of Social Services the results of the analysis of data described in Section 14028 of the Welfare and Institutions Code. -(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. -(f) On or before January 1, 2022, and in conjunction with the consultation with the State Department of Social Services and the State Department of Health Care Services required by subdivision (a) of Section 14028 of the Welfare and Institutions Code, the Medical Board of California shall conduct an internal review of its data review, investigative, and disciplinary activities undertaken pursuant to this section for the purpose of determining the efficacy of those activities and shall revise its procedures relating to those activities, if determined to be necessary. -(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. -SEC. 3. -Section 14028 is added to the Welfare and Institutions Code, to read: -14028. -(a) (1) In order to ensure appropriate oversight of psychotropic medications prescribed for children, pursuant to Section 2245 of the Business and Professions Code, the department and the State Department of Social Services, pursuant to a data-sharing agreement that shall meet the requirements of all applicable state and federal laws and regulations, shall provide the Medical Board of California with information regarding Medi-Cal physicians and their prescribing patterns of psychotropic medications and related services for individuals described in subparagraphs (B) and (C) of paragraph (1) of subdivision (c). The data concerning psychotropic medications and related services shall be drawn from existing data sources maintained by the departments. Every five years, the Medical Board of California, the department, and the State Department of Social Services shall consult and revise the methodology, if determined to be necessary. -(2) At minimum, the department, on an annual basis, shall share with the Medical Board of California data, including, but not limited to, pharmacy claims data for all foster children who are or have been on three or more psychotropic medications for 90 days or more. Prior to the release of this data, personal identifiers such as name, date of birth, address, and social security number shall be removed and a unique identifier shall be submitted. For each foster child who falls into these categories, the department shall submit the following information to the board: -(A) A list of the psychotropic medications prescribed. -(B) The start and stop dates, if any, for each psychotropic medication prescribed. -(C) The prescriber’s name and contact information. -(D) The child’s or adolescent’s year of birth. -(E) Any other information that is deidentified and necessary to the Medical Board of California to allow the board to exercise its statutory authority as an oversight entity. -(F) The unit and quantity of the medication and the number of days’ supply of the medication. -(b) The Medical Board of California shall contract for consulting services from, if available, a psychiatrist who has expertise and specializes in pediatric care for the purpose of reviewing the data provided to the board pursuant to subdivision (a). The consultant shall consider the treatment guidelines published by the department and the State Department of Social Services when assessing prescribing patterns. -(c) The Medical Board of California, pursuant to subdivision (a), shall analyze prescribing patterns by population for both of the following: -(1) Children adjudged as dependent children under Section 300 and placed in foster care. -(2) A minor adjudged a ward of the court under Section 601 or 602 who has been removed from the physical custody of the parent and placed into foster care. -(d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.","Existing law, the Medical Practice Act, among other things provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Under existing law, the board’s responsibilities include enforcement of the disciplinary and criminal provisions of the act. -Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including early and periodic screening, diagnosis, and treatment for any individual under 21 years of age. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law establishes a statewide system of child welfare services, administered by the State Department of Social Services, with the intent that all children are entitled to be safe and free from abuse and neglect. -This bill would, until January 1, 2027, require the State Department of Health Care Services and the State Department of Social Services, pursuant to a specified data-sharing agreement, to provide the Medical Board of California with information regarding Medi-Cal physicians and their prescribing patterns of psychotropic medications and related services for specified children and minors placed in foster care using data provided by the State Department of Health Care Services and the State Department of Social Services, as prescribed. The bill would require that the data concerning psychotropic medications and related services be drawn from existing data sources maintained by the departments and shared pursuant to a data-sharing agreement and would require that, every 5 years, the board, the State Department of Health Care Services, and the State Department of Social Services consult and revise the methodology, if determined to be necessary. The bill would require the board to contract for consulting services from, if available, a psychiatrist who has expertise and specializes in pediatric care for the purpose of reviewing the data provided to the board. Commencing July 1, 2017, the bill would require the board to report annually to the Legislature, the State Department of Health Care Services, and the State Department of Social Services the results of the analysis of the data. The bill would, until January 1, 2027, require the board to review the data in order to determine if any potential violations of law or excessive prescribing of psychotropic medications inconsistent with the standard of care exist and conduct an investigation, if warranted, and would require the board to take disciplinary action, as specified. The bill would require the board, on or before January 1, 2022, to conduct an internal review of those activities and to revise procedures relating to those activities, if determined to be necessary. The bill would require the State Department of Health Care Services to disseminate treatment guidelines on an annual basis through its existing communications with Medi-Cal providers, as specified. The bill would require the board to handle on a priority basis investigations of repeated acts of excessive prescribing, furnishing, or administering psychotropic medications to a minor, as specified.","An act to amend Section 2220.05 of, and to add and repeal Section 2245 of, the Business and Professions Code, and to add and repeal Section 14028 of the Welfare and Institutions Code, relating to Medi-Cal." -326,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4603.2 of the Labor Code is amended to read: -4603.2. -(a) (1) Upon selecting a physician pursuant to Section 4600, the employee or physician shall notify the employer of the name and address, including the name of the medical group, if applicable, of the physician. The physician shall submit a report to the employer within five working days from the date of the initial examination, as required by Section 6409, and shall submit periodic reports at intervals that may be prescribed by rules and regulations adopted by the administrative director. -(2) If the employer objects to the employee’s selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was entitled to select the physician pursuant to Section 4600, the employee shall be entitled to continue treatment with that physician at the employer’s expense in accordance with this division, notwithstanding Section 4616.2. The employer shall be required to pay from the date of the initial examination if the physician’s report was submitted within five working days of the initial examination. If the physician’s report was submitted more than five working days after the initial examination, the employer and the employee shall not be required to pay for any services prior to the date the physician’s report was submitted. -(3) If the employer objects to the employee’s selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was not entitled to select a physician outside of the medical provider network, the employer shall have no liability for treatment provided by or at the direction of that physician or for any consequences of the treatment obtained outside the network. -(b) (1) (A) A provider of services provided pursuant to Section 4600, including, but not limited to, physicians, hospitals, pharmacies, interpreters, copy services, transportation services, and home health care services, shall submit its request for payment with an itemization of services provided and the charge for each service, a copy of all reports showing the services performed, the prescription or referral from the primary treating physician if the services were performed by a person other than the primary treating physician, and any evidence of authorization for the services that may have been received. This section does not prohibit an employer, insurer, or third-party claims administrator from establishing, through written agreement, an alternative manual or electronic request for payment with providers for services provided pursuant to Section 4600. -(B) Effective for services provided on or after January 1, 2017, the request for payment with an itemization of services provided and the charge for each service shall be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The administrative director shall adopt rules to implement the 12-month limitation period. The rules shall define circumstances that constitute good cause for an exception to the 12-month period, including provisions to address the circumstances of a nonoccupational injury or illness later found to be a compensable injury or illness. The request for payment is barred unless timely submitted. -(C) Notwithstanding the requirements of this paragraph, a copy of the prescription shall not be required with a request for payment for pharmacy services, unless the provider of services has entered into a written agreement, as provided in this paragraph, that requires a copy of a prescription for a pharmacy service. -(D) This section does not preclude an employer, insurer, pharmacy benefits manager, or third-party claims administrator from requesting a copy of the prescription during a review of any records of prescription drugs that were dispensed by a pharmacy. -(2) Except as provided in subdivision (d) of Section 4603.4, or under contracts authorized under Section 5307.11, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made at reasonable maximum amounts in the official medical fee schedule, pursuant to Section 5307.1, in effect on the date of service. Payments shall be made by the employer with an explanation of review pursuant to Section 4603.3 within 45 days after receipt of each separate, itemization of medical services provided, together with any required reports and any written authorization for services that may have been received by the physician. If the itemization or a portion thereof is contested, denied, or considered incomplete, the physician shall be notified, in the explanation of review, that the itemization is contested, denied, or considered incomplete, within 30 days after receipt of the itemization by the employer. An explanation of review that states an itemization is incomplete shall also state all additional information required to make a decision. A properly documented list of services provided and not paid at the rates then in effect under Section 5307.1 within the 45-day period shall be paid at the rates then in effect and increased by 15 percent, together with interest at the same rate as judgments in civil actions retroactive to the date of receipt of the itemization, unless the employer does both of the following: -(A) Pays the provider at the rates in effect within the 45-day period. -(B) Advises, in an explanation of review pursuant to Section 4603.3, the physician, or another provider of the items being contested, the reasons for contesting these items, and the remedies available to the physician or the other provider if he or she disagrees. In the case of an itemization that includes services provided by a hospital, outpatient surgery center, or independent diagnostic facility, advice that a request has been made for an audit of the itemization shall satisfy the requirements of this paragraph. -An employer’s liability to a physician or another provider under this section for delayed payments shall not affect its liability to an employee under Section 5814 or any other provision of this division. -(3) Notwithstanding paragraph (1), if the employer is a governmental entity, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made within 60 days after receipt of each separate itemization, together with any required reports and any written authorization for services that may have been received by the physician. -(4) Duplicate submissions of medical services itemizations, for which an explanation of review was previously provided, shall require no further or additional notification or objection by the employer to the medical provider and shall not subject the employer to any additional penalties or interest pursuant to this section for failing to respond to the duplicate submission. This paragraph shall apply only to duplicate submissions and does not apply to any other penalties or interest that may be applicable to the original submission. -(c) Interest or an increase in compensation paid by an insurer pursuant to this section shall be treated in the same manner as an increase in compensation under subdivision (d) of Section 4650 for the purposes of any classification of risks and premium rates, and any system of merit rating approved or issued pursuant to Article 2 (commencing with Section 11730) of Chapter 3 of Part 3 of Division 2 of the Insurance Code. -(d) (1) Whenever an employer or insurer employs an individual or contracts with an entity to conduct a review of an itemization submitted by a physician or medical provider, the employer or insurer shall make available to that individual or entity all documentation submitted together with that itemization by the physician or medical provider. When an individual or entity conducting an itemization review determines that additional information or documentation is necessary to review the itemization, the individual or entity shall contact the claims administrator or insurer to obtain the necessary information or documentation that was submitted by the physician or medical provider pursuant to subdivision (b). -(2) An individual or entity reviewing an itemization of service submitted by a physician or medical provider shall not alter the procedure codes listed or recommend reduction of the amount of the payment unless the documentation submitted by the physician or medical provider with the itemization of service has been reviewed by that individual or entity. If the reviewer does not recommend payment for services as itemized by the physician or medical provider, the explanation of review shall provide the physician or medical provider with a specific explanation as to why the reviewer altered the procedure code or changed other parts of the itemization and the specific deficiency in the itemization or documentation that caused the reviewer to conclude that the altered procedure code or amount recommended for payment more accurately represents the service performed. -(e) (1) If the provider disputes the amount paid, the provider may request a second review within 90 days of service of the explanation of review or an order of the appeals board resolving the threshold issue as stated in the explanation of review pursuant to paragraph (5) of subdivision (a) of Section 4603.3. The request for a second review shall be submitted to the employer on a form prescribed by the administrative director and shall include all of the following: -(A) The date of the explanation of review and the claim number or other unique identifying number provided on the explanation of review. -(B) The item and amount in dispute. -(C) The additional payment requested and the reason therefor. -(D) The additional information provided in response to a request in the first explanation of review or any other additional information provided in support of the additional payment requested. -(2) If the only dispute is the amount of payment and the provider does not request a second review within 90 days, the bill shall be deemed satisfied and neither the employer nor the employee shall be liable for any further payment. -(3) Within 14 days of a request for second review, the employer shall respond with a final written determination on each of the items or amounts in dispute. Payment of any balance not in dispute shall be made within 21 days of receipt of the request for second review. This time limit may be extended by mutual written agreement. -(4) If the provider contests the amount paid, after receipt of the second review, the provider shall request an independent bill review as provided for in Section 4603.6. -(f) Except as provided in paragraph (4) of subdivision (e), the appeals board shall have jurisdiction over disputes arising out of this subdivision pursuant to Section 5304. -SEC. 2. -Section 4603.4 of the Labor Code is amended to read: -4603.4. -(a) The administrative director shall adopt rules and regulations to do all of the following: -(1) Ensure that all health care providers and facilities submit medical bills for payment on standardized forms. -(2) Require acceptance by employers of electronic claims for payment of medical services. -(3) Ensure confidentiality of medical information submitted on electronic claims for payment of medical services. -(4) Require the timely submission of paper or electronic bills in conformity with subparagraph (B) of paragraph (1) of subdivision (b) of Section 4603.2. -(b) To the extent feasible, standards adopted pursuant to subdivision (a) shall be consistent with existing standards under the federal Health Insurance Portability and Accountability Act of 1996. -(c) Require all employers to accept electronic claims for payment of medical services. -(d) Payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made with an explanation of review by the employer within 15 working days after electronic receipt of an itemized electronic billing for services at or below the maximum fees provided in the official medical fee schedule adopted pursuant to Section 5307.1. If the billing is contested, denied, or incomplete, payment shall be made with an explanation of review of any uncontested amounts within 15 working days after electronic receipt of the billing, and payment of the balance shall be made in accordance with Section 4603.2. -SEC. 3. -Section 4625 of the Labor Code is amended to read: -4625. -(a) Effective for services provided on or after January 1, 2017, all bills for medical-legal evaluation or medical-legal expense shall be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrative director. The administrative director shall adopt rules to define circumstances that constitute good cause for an exception to the 12-month period. Bills for medical-legal charges are barred unless timely submitted. -(b) Notwithstanding subdivision (d) of Section 4628, all charges for medical-legal expenses for which the employer is liable that are not in excess of those set forth in the official medical-legal fee schedule adopted pursuant to Section 5307.6 shall be paid promptly pursuant to Section 4622. -(c) If the employer contests the reasonableness of the charges it has paid, the employer may file a petition with the appeals board to obtain reimbursement of the charges from the physician that are considered to be unreasonable.","Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires the employer to provide medical, surgical, chiropractic, acupuncture, and hospital treatment, as specified, that is reasonably required to cure or relieve the injured worker from the effects of his or her injury. Existing law requires a provider of those services to submit, among other documents, its request for payment with an itemization of services provided and the charge for each service. Existing law also requires the employer to reimburse the employee for his or her medical-legal expenses, as specified. -This bill would require, effective for services on or after January 1, 2017, that requests for payment with an itemization of services provided and the charge for each service be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The bill would also require, effective for services provided on or after January 1, 2017, that all bills for medical-legal evaluation or medical-legal expense be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrative director. The bill would provide that requests for payment and bills for medical-legal charges are barred unless timely submitted. The bill would require the administrative director to adopt rules to implement the 12-month limitation period, as specified.","An act to amend Sections 4603.2, 4603.4, and 4625 of the Labor Code, relating to workers’ compensation." -327,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 14 (commencing with Section 2340) is added to Chapter 5 of Division 2 of the Business and Professions Code, to read: -Article 14. Physician and Surgeon Health and Wellness Program -2340. -(a) The board may establish a Physician and Surgeon Health and Wellness Program for the early identification of, and appropriate interventions to support a physician and surgeon in his or her rehabilitation from, substance abuse to ensure that the physician and surgeon remains able to practice medicine in a manner that will not endanger the public health and safety and that will maintain the integrity of the medical profession. The program, if established, shall aid a physician and surgeon with substance abuse issues impacting his or her ability to practice medicine. -(b) For the purposes of this article, “program” shall mean the Physician and Surgeon Health and Wellness Program. -(c) If the board establishes a program, the program shall meet the requirements of this article. -2340.2. -If the board establishes a program, the program shall do all of the following: -(a) Provide for the education of all licensed physicians and surgeons with respect to the recognition and prevention of physical, emotional, and psychological problems. -(b) Offer assistance to a physician and surgeon in identifying substance abuse problems. -(c) Evaluate the extent of substance abuse problems and refer the physician and surgeon to the appropriate treatment by executing a written agreement with a physician and surgeon participant. -(d) Provide for the confidential participation by a physician and surgeon with substance abuse issues who does not have a restriction on his or her practice related to those substance abuse issues. If an investigation of a physician and surgeon occurs after the physician and surgeon has enrolled in the program, the board may inquire of the program whether the physician and surgeon is enrolled in the program and the program shall respond accordingly. -(e) Comply with the Uniform Standards Regarding Substance-Abusing Healing Arts Licensees as adopted by the Substance Abuse Coordination Committee of the department pursuant to Section 315. -2340.4. -(a) If the board establishes a program, the board shall contract for the program’s administration with a private third-party independent administering entity pursuant to a request for proposals. The process for procuring the services for the program shall be administered by the board pursuant to Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. However, Section 10425 of the Public Contract Code shall not apply to this subdivision. -(b) The administering entity shall have expertise and experience in the areas of substance or alcohol abuse in healing arts professionals. -(c) The administering entity shall identify and use a statewide treatment resource network that includes treatment and screening programs and support groups and shall establish a process for evaluating the effectiveness of those programs. -(d) The administering entity shall provide counseling and support for the physician and surgeon and for the family of any physician and surgeon referred for treatment. -(e) The administering entity shall make their services available to all licensed California physicians and surgeons, including those who self-refer to the program. -(f) The administering entity shall have a system for immediately reporting a physician and surgeon, including, but not limited to, a physician and surgeon who withdraws or is terminated from the program, to the board. This system shall ensure absolute confidentiality in the communication to the board. The administering entity shall not provide this information to any other individual or entity unless authorized by the participating physician and surgeon or this article. -(g) The contract entered into pursuant to this section shall also require the administering entity to do the following: -(1) Provide regular communication to the board, including annual reports to the board with program statistics, including, but not limited to, the number of participants currently in the program, the number of participants referred by the board as a condition of probation, the number of participants who have successfully completed their agreement period, and the number of participants terminated from the program. In making reports, the administering entity shall not disclose any personally identifiable information relating to any participant. -(2) Submit to periodic audits and inspections of all operations, records, and management related to the program to ensure compliance with the requirements of this article and its implementing rules and regulations. Any audit conducted pursuant to this section shall maintain the confidentiality of all records reviewed and information obtained in the course of conducting the audit and shall not disclose any information identifying a program participant. -(h) If the board determines the administering entity is not in compliance with the requirements of the program or contract entered into with the board, the board may terminate the contract. -2340.6. -(a) A physician and surgeon shall, as a condition of participation in the program, enter into an individual agreement with the program and agree to pay expenses related to treatment, monitoring, laboratory tests, and other activities specified in the participant’s written agreement. The agreement shall include all of the following: -(1) A jointly agreed-upon plan and mandatory conditions and procedures to monitor compliance with the program. -(2) Compliance with terms and conditions of treatment and monitoring. -(3) Criteria for program completion. -(4) Criteria for termination of a physician and surgeon participant from the program. -(5) Acknowledgment that withdrawal or termination of a physician and surgeon participant from the program shall be reported to the board. -(6) Acknowledgment that expenses related to treatment, monitoring, laboratory tests, and other activities specified by the program shall be paid by the physician and surgeon participant. -(b) Any agreement entered into pursuant to this section shall not be considered a disciplinary action or order by the board and shall not be disclosed to the board if both of the following apply: -(1) The physician and surgeon did not enroll in the program as a condition of probation or as a result of an action by the board. -(2) The physician and surgeon is in compliance with the conditions and procedures in the agreement. -(c) Any oral or written information reported to the board shall remain confidential and shall not constitute a waiver of any existing evidentiary privileges. However, confidentiality regarding the physician and surgeon’s participation in the program and related records shall not apply if the board has referred a participant as a condition of probation or as otherwise authorized by this article. -(d) Nothing in this section prohibits, requires, or otherwise affects the discovery or admissibility of evidence in an action by the board against a physician and surgeon based on acts or omissions that are alleged to be grounds for discipline. -(e) Participation in the program shall not be a defense to any disciplinary action that may be taken by the board. This section does not preclude the board from commencing disciplinary action against a physician and surgeon who is terminated unsuccessfully from the program. However, that disciplinary action shall not include as evidence any confidential information unless authorized by this article. -2340.8. -(a) The Physician and Surgeon Health and Wellness Program Account is hereby established within the Contingent Fund of the Medical Board of California. Any fees collected by the board pursuant to subdivision (b) shall be deposited in the Physician and Surgeon Health and Wellness Program Account and shall be available, upon appropriation by the Legislature, for the support of the program. -(b) The board shall adopt regulations to determine the appropriate fee that a physician and surgeon participating in the program shall provide to the board. The fee amount adopted by the board shall be set at a level sufficient to cover all costs for participating in the program, including any administrative costs incurred by the board to administer the program. -(c) Subject to appropriation by the Legislature, the board may use moneys from the Contingent Fund of the Medical Board of California to support the initial costs for the board to establish the program under this article, except these moneys shall not be used to cover any costs for individual physician and surgeon participation in the program.","Existing law establishes in the Department of Consumer Affairs the Substance Abuse Coordination Committee, comprised of the executive officers of the department’s healing arts boards and a designee of the State Department of Health Care Services. Existing law requires the committee to formulate, by January 1, 2010, uniform and specific standards in specified areas that each healing arts board is required to use in dealing with substance-abusing licensees, whether or not a healing arts board has a formal diversion program. -Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California within the Department of Consumer Affairs. Existing law requires all moneys paid to and received by the Medical Board of California to be paid into the State Treasury and credited to the Contingent Fund of the Medical Board of California, which, except for fine and penalty money, is a continuously appropriated fund. -This bill would authorize the board to establish a Physician and Surgeon Health and Wellness Program for the early identification of, and appropriate interventions to support a physician and surgeon in his or her rehabilitation from, substance abuse, as specified. If the board establishes a program, the bill would require the board to contract for the program’s administration with a private 3rd-party independent administering entity meeting certain requirements. The bill would require program participants to enter into an individual agreement with the program that includes, among other things, a requirement to pay expenses related to treatment, monitoring, and laboratory tests, as provided. -This bill would create the Physician and Surgeon Health and Wellness Program Account within the Contingent Fund of the Medical Board of California. The bill would require the board to adopt regulations to determine the appropriate fee for a physician and surgeon to participate in the program, as specified. The bill would require these fees to be deposited in the Physician and Surgeon Health and Wellness Program Account and to be available, upon appropriation by the Legislature, for the support of the program. Subject to appropriation by the Legislature, the bill would authorize the board to use moneys from the Contingent Fund of the Medical Board of California to support the initial costs for the board to establish the program, except the bill would prohibit these moneys from being used to cover any costs for individual physician and surgeon participation in the program.","An act to add Article 14 (commencing with Section 2340) to Chapter 5 of Division 2 of the Business and Professions Code, relating to healing arts." -328,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 9002 of the Health and Safety Code is amended to read: -9002. -The definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 apply to this part. Further, as used in this part, the following terms have the following meanings: -(a) “Active militia” means the active militia as defined by Section 120 of the Military and Veterans Code. -(b) “Armed services” means the armed services as defined by Section 18540 of the Government Code. -(c) “Board of trustees” means the legislative body of a district. -(d) “District” means a public cemetery district created pursuant to this part or any of its statutory predecessors. -(e) “Domestic partner” means two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring, and are qualified and registered with the Secretary of State as domestic partners in accordance with Division 2.5 of the Family Code. -(f) “Family member” means any spouse, by marriage or otherwise, domestic partner, child or stepchild, by natural birth or adoption, parent, brother, sister, half-brother, half-sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or any person denoted by the prefix “grand” or “great,” or the spouse of any of these persons. -(g) “Firefighter” means a firefighter as defined by Section 1797.182. -(h) (1) “Interment right” means the rights held by the owner to use or control the use of a plot authorized by this part, for the interment of human remains, including both of the following rights: -(A) To determine the number and identity of any person or persons to be interred in the plot within a cemetery in conformance with all applicable regulations adopted by the cemetery district. -(B) To control the placement, design, wording, and removal of memorial markers in compliance with all applicable regulations adopted by the cemetery district. -(2) An interment right is a transferable property interest, and is governed by Chapter 5.5 (commencing with Section 9069.10). -(i) “Nonresident” means a person who does not reside within a district or does not pay property taxes on property located in a district. -(j) “Peace officer” means a peace officer as defined by Section 830 of the Penal Code. -(k) “Principal county” means the county having all or the greater portion of the entire assessed value, as shown on the last equalized assessment roll of the county or counties, of all taxable property within a district. -(l) “Voter” means a voter as defined by Section 359 of the Elections Code. -SEC. 2. -Chapter 5.5 (commencing with Section 9069.10) is added to Part 4 of Division 8 of the Health and Safety Code, to read: -CHAPTER 5.5. Interment Rights -9069.10. -An interment right does not include the right for disinterment of human remains except on consent of the cemetery district and the written consent of the surviving spouse, child, parent, or sibling, in that order of priority. -9069.15. -(a) This chapter does not apply to, or prohibit, the removal of remains from one plot to another in the same cemetery or the removal of remains by a cemetery district upon the written order of any of the following: -(1) The superior court of the county in which the cemetery is located. -(2) The coroner having jurisdiction of the location of the cemetery. -(3) The health department having jurisdiction of the cemetery. -(b) The cemetery district shall maintain a duplicate copy of an order pursuant to subdivision (a). -(c) The cemetery district shall retain a true and correct record of a removal of remains pursuant to subdivision (a) that includes all of the following: -(1) The date the remains were removed. -(2) The name and the age at death of the person whose remains were removed if available. -(3) The cemetery and plot from which the remains were removed. -(4) (A) If the removed remains are reinterred, the plot number, cemetery name, and location to which the remains were reinterred. -(B) If the removed remains are disposed of other than by being reinterred, a record of the alternate disposition. -(5) If the removed remains are reinterred at the cemetery, the date of reinterment. -(d) The person making the removal shall deliver to the cemetery district operating the cemetery from which the remains were removed a true, full, and complete copy of the record containing all of the information specified in subdivision (c). -9069.20. -(a) An interment right provides a transferable property interest to the person listed as the owner in the records of the cemetery district, subject to any written designation to the contrary signed by the owner and deposited with the cemetery district, or to the owner’s successor pursuant to either this section or subdivision (a) of Section 9069.25. An interment right shall not be construed as conferring title to the property burdened by the transferable property interest. -(b) The owner of record of an interment right may designate in writing the person or persons, other than the owner of record, who may be interred in the plot to which the owner holds the interment right. -(c) The owner of an interment right shall, at the time of purchase, designate a successor owner or owners of the interment right in a signed written designation deposited with the district. -(d) Use of an interment right transferred from the owner to a successor pursuant to subdivision (c) shall be made in compliance with applicable provisions of state and local law, and of applicable requirements or policies established by the district board of trustees. -9069.25. -(a) If the owner of an interment right dies without making a valid and enforceable disposition of the interment right by a specific devise in a testamentary device, or by a written designation pursuant to subdivision (c) of Section 9069.20, the interment right shall pass according to the laws of intestate succession as set forth in Sections 6400 to 6413, inclusive, of the Probate Code. In the event that the owner has no heirs at law, the district shall follow the abandonment procedures established under Section 9069. -(b) A surviving spouse, registered domestic partner, child, parent, or heir who has an interment right pursuant to this section may waive that interment right in favor of any other relative of the deceased owner or spouse of a relative of the deceased owner. -9069.30. -When a public cemetery district acts to transfer ownership rights or make an interment on the basis of the affidavit, given under penalty of perjury pursuant to Section 9069.35, the district, and any employee or trustee of the district, shall not be liable for any claims, losses, or damages asserted in any action unless the district had actual knowledge that the facts stated in writing are false. -9069.35. -A person who purports to be the successor owner of an interment right shall execute a written affidavit declaring, under penalty of perjury, all of the following: -(a) He or she is the person entitled to succeed to the interment right pursuant to Section 9069.20. -(b) He or she has exerted all reasonable efforts to find other persons who may have an equal or higher claim to succeed to the interment right. -(c) He or she is unaware, to the best of his or her knowledge, of any opposition challenging his or her right to succeed to the interment right. -9069.40. -Upon the sale to a person of a plot in a cemetery within a district, the district shall notify the purchaser, in writing, of any interment rights, that this chapter governs the succession of ownership of the interment rights, and the district’s duly adopted policies, rules, and regulations governing the use, sale, or other transfer of interment rights. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Public Cemetery District Law, specifies the procedures for the formation of public cemetery districts, procedures for the selection of the district board of trustees and officers, and the powers and duties of the board. Existing law authorizes a public cemetery district to sell “interment rights,” defined as the right to use or control the use of a plot, niche, or other space in a public cemetery district for interment of human remains. Existing law provides for the succession of an interment plot in a private cemetery. -This bill would modify the definition of “interment rights” to, among other things, specify that those rights are a transferable property interest held by the owner to determine, among other things, the number and identity of any person or persons to be interred in the plot within a public cemetery. The bill would require the owner of an interment right, at the time of purchase, to designate a successor owner or owners in a signed written designation deposited with the cemetery district. The bill would provide that the intestate order of succession would apply, if the owner dies without making that written designation or a valid and enforceable disposition of the interment right by a specific devise in a testamentary device. The bill would also require the public cemetery district to follow specified procedures in the event that the owner dies with no heirs at law. -The bill also would provide the circumstances and process under which human remains may be disinterred, reinterred, or removed from a public cemetery district after interment, and would specify the records required to be maintained by the public cemetery district and the person removing and relocating the human remains. The bill would require a person who purports to be the successor owner of an interment right to execute a written affidavit, under penalty of perjury, that includes specified information regarding his or her claim of successorship, and would provide that a district or district employee or trustee is not liable for claims, losses, or damages resulting from transferring an interment right in reliance on that affidavit, except as provided. -By expanding the scope of the crime of perjury and imposing new duties on public cemetery districts, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to amend Section 9002 of, and to add Chapter 5.5 (commencing with Section 9069.10) to Part 4 of Division 8 of, the Health and Safety Code, relating to cemeteries." -329,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The sum of six hundred forty-seven thousand four hundred forty-three dollars and thirty-two cents ($647,443.32) is hereby appropriated from the various funds specified in subdivision (b) to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of claims accepted by the board in accordance with the schedule set forth in subdivision (b). -(b) Pursuant to subdivision (a), claims accepted by the California Victim Compensation and Government Claims Board shall be paid in accordance with the following schedule: -Total for Fund: General Fund (0001) ........................ $606,296.25 -Total for Fund: Item 2660-001-0042 -Budget Act of 2016, Program 1835010 ........................ $47.31 -Total for Fund: Item 2740-001-0044 -Budget Act of 2016, Program 2130 ........................ $966.22 -Total for Fund: Item 4260-101-0001 -Budget Act of 2016, Program 3960022 ........................ $2,028.06 -Total for Fund: Item 5180-111-0001 -Budget Act of 2016, Program 4275010 ........................ $15,567.57 -Total for Fund: Item 7100-001-0185 -Budget Act of 2016, Program 5930 ........................ $22,537.91 -SEC. 2. -Upon the request of the California Victim Compensation and Government Claims Board, in a form prescribed by the Controller, the Controller shall transfer surcharges and fees from the Budget Act items of appropriation identified in subdivision (b) of Section 1 of this act to Item 7870-001-0001 of Section 2.00 of the Budget Act of 2016. For each Budget Act item of appropriation, this amount shall not exceed the cumulative total of the per claim filing fee authorized by subdivision (c) of Section 905.2 of the Government Code and the surcharge authorized by subdivision (f) of Section 905.2 of the Government Code. For those items in subdivision (b) that do not reflect a Budget Act appropriation, the Controller shall transfer an amount not to exceed the cumulative total of the per claim filing fee authorized by subdivision (c) of Section 905.2 of the Government Code and the surcharge authorized by subdivision (f) of Section 905.2 of the Government Code. This amount shall be transferred for the support of the board reimbursements to Item 7870-001-0001 of Section 2.00 of the Budget Act of 2016. The board shall provide a report of the amounts recovered pursuant to this authority to the Department of Finance within 90 days of the enactment of this act. -SEC. 3. -The sum of five hundred eighty-one thousand six hundred dollars ($581,600) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Obie Steven Anthony III, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. -SEC. 4. -The sum of six hundred fifty-three thousand six hundred dollars ($653,600) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of John Smith, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. -SEC. 5. -The sum of five hundred sixty-four thousand one hundred dollars ($564,100) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Michael Smith, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. -SEC. 6. -The sum of five hundred twelve thousand six hundred dollars ($512,600) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Timothy Gantt, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. -SEC. 7. -The sum of six hundred fifty-four thousand five hundred dollars ($654,500) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Marco Milla, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. -SEC. 8. -The sum of seven hundred sixty-two thousand four hundred forty dollars ($762,440) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Larry Pohlschneider, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. -SEC. 9. -The sum of nine hundred thirty-six thousand eight hundred eighty dollars ($936,880) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Luther Ed Jones, Jr., accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. -SEC. 10. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to pay claims against the state and end hardship to claimants as quickly as possible, it is necessary for this act to take effect immediately.","Existing law requires the California Victim Compensation and Government Claims Board to ensure that all claims that have been approved by the board and for which there exists no legally available appropriation are submitted for legislative approval at least twice each calendar year. -This bill would appropriate $647,443.32 from various funds for the payment of claims accepted by the board, as specified. This bill would require the Controller, upon the request of the board, in a form prescribed by the Controller, to transfer surcharges and fees from specified Budget Act items of appropriation identified in the bill to Item 7870-001-0001 of Section 2.00 of the Budget Act of 2016. This bill would require the board to provide a report of the amounts recovered pursuant to this authority to the Department of Finance within 90 days of the enactment of this bill. This bill would also appropriate certain funds from the General Fund to the board for the payment of the claims of specified individuals. -This bill would declare that it is to take effect immediately as an urgency statute.","An act relating to state claims, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately." -330,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 27491.4 of the Government Code is amended to read: -27491.4. -(a) For purposes of inquiry the coroner shall, within 24 hours or as soon as feasible thereafter, where the suspected cause of death is sudden infant death syndrome and, in all other cases, the coroner may, in his or her discretion, take possession of the body, which shall include the authority to exhume the body, order it removed to a convenient place, and make or cause to be made a postmortem examination, or cause to be made an autopsy thereon, and make or cause to be made an analysis of the stomach, stomach contents, blood, organs, fluids, or tissues of the body. The detailed medical findings resulting from an inspection of the body or autopsy by an examining licensed physician and surgeon shall be either reduced to writing or permanently preserved on recording discs or other similar recording media, shall include all positive and negative findings pertinent to establishing the cause of death in accordance with medicolegal practice and this, along with the written opinions and conclusions of the examining licensed physician and surgeon, shall be included in the coroner’s record of the death. The coroner shall have the right to retain only those tissues of the body removed at the time of the autopsy as may, in his or her opinion, be necessary or advisable to the inquiry into the case, or for the verification of his or her findings. Only individuals who are directly involved in the investigation of the death of the decedent may be present during the performance of the autopsy. -(b) In any case in which the coroner knows, or has reason to believe, that the deceased has made valid provision for the disposition of his or her body or a part or parts thereof for medical or scientific purposes in accordance with Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code, the coroner shall neither perform nor authorize any other person to perform an autopsy on the body unless the coroner has contacted or attempted to contact the physician last in attendance to the deceased. If the physician cannot be contacted, the coroner shall then notify or attempt to notify one of the following of the need for an autopsy to determine the cause of death: (1) the surviving spouse; (2) a surviving child or parent; (3) a surviving brother or sister; (4) any other kin or person who has acquired the right to control the disposition of the remains. Following a period of 24 hours after attempting to contact the physician last in attendance and notifying or attempting to notify one of the responsible parties listed above, the coroner may authorize the performance of an autopsy, as otherwise authorized or required by law. -(c) Nothing in this section shall be deemed to prohibit the discretion of the coroner to cause to be conducted an autopsy upon any victim of sudden, unexpected, or unexplained death or any death known or suspected of resulting from an accident, suicide, or apparent criminal means, or other death, as described in Section 27491. -SEC. 2. -Section 27491.41 of the Government Code is amended to read: -27491.41. -(a) For purposes of this section, “sudden infant death syndrome” means the sudden death of any infant that is unexpected by the history of the infant and where a thorough postmortem examination fails to demonstrate an adequate cause of death. -(b) The Legislature finds and declares that sudden infant death syndrome, also referred to as SIDS, is the leading cause of death for children under age one, striking one out of every 500 children. The Legislature finds and declares that sudden infant death syndrome is a serious problem within the State of California, and that the public interest is served by research and study of sudden infant death syndrome and its potential causes and indications. -(c) (1) To facilitate these purposes, the coroner shall, within 24 hours or as soon thereafter as feasible, cause an autopsy to be performed in any case where an infant has died suddenly and unexpectedly. -(2) However, if the attending licensed physician and surgeon desires to certify that the cause of death is sudden infant death syndrome, an autopsy may be performed at the discretion of the coroner. If the coroner causes an autopsy to be performed pursuant to this section, he or she shall also certify the cause of death. -(d) The autopsy shall be conducted pursuant to a standardized protocol developed by the State Department of Public Health. The protocol is exempt from the procedural requirements pertaining to the adoption of administrative rules and regulations pursuant to Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. -(e) The protocol shall be followed by all coroners throughout the state when conducting an evaluation as part of an autopsy required by this section. The coroner shall state on the certificate of death that sudden infant death syndrome was the cause of death when the coroner’s findings are consistent with the definition of sudden infant death syndrome specified in the standardized autopsy protocol. The protocol may include requirements and standards for scene investigations, requirements for specific data, criteria for ascertaining cause of death based on the autopsy, and criteria for any specific tissue sampling, and any other requirements. The protocol may also require that specific tissue samples shall be provided to a central tissue repository designated by the State Department of Public Health. -(f) The State Department of Public Health shall establish procedures and protocols for access by researchers to any tissues, or other materials or data authorized by this section. Research may be conducted by any individual with a valid scientific interest and prior approval from the State Committee for the Protection of Human Subjects. The tissue samples, the materials, and all data shall be subject to the confidentiality requirements of Section 103850 of the Health and Safety Code. -(g) The coroner may take tissue samples for research purposes from infants who have died suddenly and unexpectedly without consent of the responsible adult if the tissue removal is not likely to result in any visible disfigurement. -(h) A coroner or licensed physician and surgeon shall not be liable for damages in a civil action for any act or omission done in compliance with this section. -(i) Consent of any person is not required before undertaking the autopsy required by this section. -SEC. 3. -Section 27491.43 of the Government Code is amended to read: -27491.43. -(a) (1) Notwithstanding any other law, except as otherwise provided in this section, in any case in which the coroner, before the beginning of an autopsy, dissection, or removal of corneal tissue, pituitary glands, or any other organ, tissue, or fluid, has received a certificate of religious belief, executed by the decedent as provided in subdivision (b), that the procedure would be contrary to his or her religious belief, the coroner shall neither perform, nor order the performance of, that procedure on the body of the decedent. -(2) If, before beginning the procedure, the coroner is informed by a relative or a friend of the decedent that the decedent had executed a certificate of religious belief, the coroner shall not order an autopsy to be performed, except as otherwise provided in this section, for 48 hours. If the certificate is produced within 48 hours, the case shall be governed by this section. If the certificate is not produced within that time, the case shall be governed by the other provisions of this article. -(b) Any person, 18 years of age or older, may execute a certificate of religious belief which shall state in clear and unambiguous language that any postmortem anatomical dissection or that specified procedures would violate the religious convictions of the person. The certificate shall be signed and dated by the person in the presence of at least two witnesses. Each witness shall also sign the certificate and shall print on the certificate his or her name and residence address. -(c) Notwithstanding the existence of a certificate, the coroner may at any time cause an autopsy to be performed or any other procedure if he or she has a reasonable suspicion that the death was caused by the criminal act of another or by a contagious disease constituting a public health hazard. -(d) (1) If a certificate is produced, and if subdivision (c) does not apply, the coroner may petition the superior court, without fee, for an order authorizing an autopsy or other procedure or for an order setting aside the certificate as invalid. Notice of the proceeding shall be given to the person who produced the certificate. The proceeding shall have preference over all other cases. -(2) The court shall set aside the certificate if it finds that the certificate was not properly executed or that it does not clearly state the decedent’s religious objection to the proposed procedure. -(3) The court may order an autopsy or other procedure despite a valid certificate if it finds that the cause of death is not evident, and that the interest of the public in determining the cause of death outweighs its interest in permitting the decedent and like persons fully to exercise their religious convictions. -(4) Any procedure performed pursuant to paragraph (3) shall be the least intrusive procedure consistent with the order of the court. -(5) If the petition is denied, and no stay is granted, the body of the deceased shall immediately be released to the person authorized to control its disposition. -(e) In any case in which the circumstances, manner, or cause of death is not determined because of the provisions of this section, the coroner may state on the certificate of death that an autopsy was not conducted because of the provisions of this section. -(f) A coroner shall not be liable for damages in a civil action for any act or omission taken in compliance with the provisions of this section. -SEC. 4. -Section 27491.46 of the Government Code is amended to read: -27491.46. -(a) The coroner shall have the right to retain pituitary glands solely for transmission to a university, for use in research or the advancement of medical science, in those cases in which the coroner has required an autopsy to be performed pursuant to this chapter, and during a 48-hour period following such autopsy the body has not been claimed and the coroner has not been informed of any relatives of the decedent. -(b) In the course of any autopsy, the coroner may cause to be removed the pituitary gland from the body for transmittal to any public agency for use in manufacturing a hormone necessary for the physical growth of persons who are, or may become, hypopituitary dwarfs, if the coroner has no knowledge of objection to the removal and release of the pituitary gland having been made by the decedent or any other person specified in Section 7151.5 of the Health and Safety Code. Neither the coroner nor the medical examiner authorizing the removal of the pituitary gland, nor any hospital, medical center, tissue bank, storage facility, or person acting upon the request, order, or direction of the coroner or medical examiner in the removal of the pituitary gland pursuant to this section, shall incur civil liability for the removal of the pituitary gland in an action brought by any person who did not object prior to the removal of the pituitary gland, nor be subject to criminal prosecution for removal of the pituitary gland pursuant to the authority of this section. -Nothing in this subdivision shall supersede the terms of any gift made pursuant to Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code. -SEC. 5. -Section 27491.47 of the Government Code is amended to read: -27491.47. -(a) Notwithstanding any other law, the coroner may, in the course of an autopsy, authorize the removal and release of corneal eye tissue from a body within the coroner’s custody, if all of the following conditions are met: -(1) The autopsy has otherwise been authorized. -(2) The coroner has no knowledge of objection to the removal and release of corneal tissue having been made by the decedent or any other person specified in Section 7151 of the Health and Safety Code and has obtained any one of the following: -(A) A dated and signed written consent by the donor or any other person specified in Section 7151 of the Health and Safety Code on a form that clearly indicates the general intended use of the tissue and contains the signature of at least one witness. -(B) Proof of the existence of a recorded telephonic consent by the donor or any other person specified in Section 7151 of the Health and Safety Code in the form of an audio recording of the conversation or a transcript of the recorded conversation, which indicates the general intended use of the tissue. -(C) A document recording a verbal telephonic consent by the donor or any other person specified in Section 7151 of the Health and Safety Code, witnessed and signed by no fewer than two members of the requesting entity, hospital, eye bank, or procurement organization, memorializing the consenting person’s knowledge of and consent to the general intended use of the gift. -The form of consent obtained under subparagraph (A), (B), or (C) shall be kept on file by the requesting entity and the official agency for a minimum of three years. -(3) The removal of the tissue will not unnecessarily mutilate the body, be accomplished by enucleation, nor interfere with the autopsy. -(4) The tissue will be removed by a licensed physician and surgeon or a trained transplant technician. -(5) The tissue will be released to a public or nonprofit facility for transplant, therapeutic, or scientific purposes. -(b) Neither the coroner nor medical examiner authorizing the removal of the corneal tissue, nor any hospital, medical center, tissue bank, storage facility, or person acting upon the request, order, or direction of the coroner or medical examiner in the removal of corneal tissue pursuant to this section, shall incur civil liability for the removal in an action brought by any person who did not object prior to the removal of the corneal tissue, nor be subject to criminal prosecution for the removal of the corneal tissue pursuant to this section. -(c) This section shall not be construed to interfere with the ability of a person to make an anatomical gift pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code). -SEC. 6. -Section 27520 of the Government Code is amended to read: -27520. -(a) The coroner shall cause to be performed an autopsy on a decedent, for which an autopsy has not already been performed, if the surviving spouse requests him or her to do so in writing. If there is no surviving spouse, the coroner shall cause an autopsy to be performed if requested to do so in writing by a surviving child or parent, or if there is no surviving child or parent, by the next of kin of the deceased. -(b) The coroner may cause to be performed an autopsy on a decedent, for which an autopsy has already been performed, if the surviving spouse requests him or her to do so in writing. If there is no surviving spouse, the coroner may cause an autopsy to be performed if requested to do so in writing by a surviving child or parent, or if there is no surviving child or parent, by the next of kin of the deceased. -(c) The cost of an autopsy requested pursuant to either subdivision (a) or (b) shall be borne by the person requesting that it be performed. -SEC. 7. -Section 27522 is added to the Government Code, to read: -27522. -(a) A forensic autopsy shall only be conducted by a licensed physician and surgeon. The results of a forensic autopsy shall only be determined by a licensed physician and surgeon. -(b) A forensic autopsy shall be defined as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. At the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon, trained county personnel who are necessary to the performance of an autopsy may take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent. -(c) For purposes of this section, a postmortem examination shall be defined as the external examination of the body where no manner or cause of death is determined. -(d) For purposes of this section, the manner of death shall be determined by the coroner or medical examiner of a county. If a forensic autopsy is conducted by a licensed physician and surgeon, the coroner or medical examiner shall consult with the licensed physician and surgeon in the determination of the manner of death. -(e) For health and safety purposes, all persons in the autopsy suite shall be informed of the risks presented by bloodborne pathogens and that they should wear personal protective equipment in accordance with the requirements described in Section 5193 of Title 8 of the California Code of Regulations or its successor. -(f) (1) Only individuals who are directly involved in the investigation of the death of the decedent shall be allowed into the autopsy suite. -(2) If an individual dies due to the involvement of law enforcement activity, law enforcement personnel directly involved in the death of that individual shall not be involved with any portion of the postmortem examination, nor allowed inside the autopsy suite during the performance of the autopsy. -(3) Notwithstanding paragraph (1), individuals may be permitted in the autopsy suite for educational and research purposes at the discretion of the coroner and in consultation with any licensed physician and surgeon conducting an autopsy. -(g) Any police reports, crime scene or other information, videos, or laboratory tests that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity shall be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death. -(h) This section shall not be construed to limit the practice of an autopsy for educational or research purposes. -SEC. 8. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires a county coroner to inquire into and determine the circumstances, manner, and cause of certain deaths. Existing law either requires or authorizes a county coroner, under certain circumstances, to perform, or cause to be performed, an autopsy on a decedent. Existing law imposes certain requirements on a postmortem examination or autopsy conducted at the discretion of a coroner, medical examiner, or other agency upon an unidentified body or human remains. Existing law requires the coroner to perform an autopsy pursuant to a standardized protocol developed by the State Department of Public Health in any case where an infant has died suddenly and unexpectedly. -Existing law authorizes the board of supervisors of a county to consolidate the duties of certain county offices in one or more of specified combinations, including, but not limited to, sheriff and coroner, district attorney and coroner, and public administrator and coroner. Existing law authorizes the board of supervisors of a county to abolish the office of coroner and provide instead for the office of medical examiner, as specified, and requires the medical examiner to be a licensed physician and surgeon duly qualified as a specialist in pathology. -This bill would require that a forensic autopsy, as defined, be conducted by a licensed physician and surgeon. The bill would require that the results of a forensic autopsy be determined by a licensed physician and surgeon. The bill would require the manner of death to be determined by the coroner or medical examiner of a county. The bill would authorize trained county personnel who are necessary to the performance of an autopsy to take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent at the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon. The bill would require, if a licensed physician and surgeon conducts a forensic autopsy, the coroner or medical examiner to consult with the licensed physician and surgeon in the determination of the manner of death. The bill would require the coroner to conduct an evaluation pursuant to a standardized protocol developed by the State Department of Public Health in any case where an infant has died suddenly and unexpectedly. -The bill would require, for health and safety purposes, that all persons in the autopsy suite be informed of the risks presented by bloodborne pathogens and be informed that they should wear personal protective equipment, as specified. The bill would require that only individuals who are directly involved in the investigation of the death of the decedent be allowed into the autopsy suite but would permit individuals to be in the autopsy suite for educational and research purposes at the discretion of the coroner, in consultation with any licensed physician and surgeon conducting an autopsy. The bill would prohibit law enforcement personnel directly involved in the death of an individual who died due to involvement of law enforcement activity from being involved with any portion of the postmortem examination or being inside the autopsy suite during the performance of the autopsy. The bill would define a postmortem examination for this purpose to be the external examination of the body where no manner or cause of death is determined. -The bill would require specified materials that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity to be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death. -The bill would specify that these provisions shall not be construed to limit the practice of an autopsy for educational or research purposes. -By imposing additional duties upon local officials and law enforcement agencies, this bill would create a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -The bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 27491.4, 27491.41, 27491.43, 27491.46, 27491.47, and 27520 of, and to add Section 27522 to, the Government Code, relating to autopsies." -331,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 30315 of the Public Resources Code is amended to read: -30315. -(a) The commission shall meet at least 11 times annually at a place convenient to the public. Each meeting shall occur not more than 45 days after the previous meeting. All meetings of the commission shall be open to the public. -(b) A majority of the total appointed membership of the commission shall constitute a quorum. An action taken by the commission under this division requires a majority vote of the members present at the meeting of the commission, with a quorum being present, unless otherwise specifically provided for in this division. -(c) Commencing on or before July 1, 2017, the commission also shall provide -for -public -access to -participation at -all commission meetings via telephone and -video conferencing. -the Internet. Participation -shall include real --time testimony during public comment. -SEC. 2. -Section 30321 of the Public Resources Code is amended to read: -30321. -(a) For purposes of this article, “a matter within the commission’s jurisdiction” means any permit action, federal consistency review, appeal, local coastal program, port master plan, public works plan, long-range development plan, categorical or other exclusions from coastal development permit requirements, or any other quasi-judicial matter requiring commission action, for which an application has been submitted to the commission. -(b) Commission staff shall include in the executive summary section of a staff report -a list of -references to any materials submitted for the public record that are determined not to relate to a matter within the commission’s jurisdiction, including information about how to locate copies of those -materials. -materials in an addendum. The addendum shall include instructions regarding the use of the information contained in these communications as a basis or influencing factor upon their decision -. -SEC. 3. -Section 30322 of the Public Resources Code is amended to read: -30322. -(a) For purposes of this article, except as provided in subdivision (b), an “ex parte communication” is any oral or written communication between a member of the commission and an interested person, about a matter within the commission’s jurisdiction, which does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. -(b) The following communications are not ex parte communications: -(1) Any communication between a staff member acting in his or her official capacity and any commission member or interested person. -(2) Any communication limited entirely to procedural issues, including, but not limited to, the hearing schedule, location, format, or filing date. -(3) Any communication which takes place on the record during an official proceeding of a state, regional, or local agency that involves a member of the commission who also serves as an official of that agency. -(4) Any communication between a member of the commission, with regard to any action of another state agency or of a regional or local agency of which the member is an official, and any other official or employee of that agency, including any person who is acting as an attorney for the agency. -(5) Any communication between a nonvoting commission member and a staff member of a state agency where both the commission member and the staff member are acting in an official capacity. -(6) Any communication to a nonvoting commission member relating to an action pending before the commission, where the nonvoting commission member does not participate in that action, either through written or verbal communication, on or off the record, with other members of the commission. -(7) Any communication conducted by a commission member while acting in his or her capacity as a local government official and prior to the time the matter to which the communication applies was pending before the commission. -This paragraph shall not be construed to mean that any other commissioner has conducted an ex parte communication on a matter if the communication occurred before the matter was pending before the commission. -(8) Any project site visit conducted pursuant to subdivision (b) of Section 30324. -SEC. 4. -Section 30324 of the Public Resources Code is amended to read: -30324. -(a) No commission member, nor any interested person, shall intentionally conduct either of the following: -(1) An ex parte communication on a matter within the commission’s jurisdiction, as defined by Section 30321. -(2) An oral or written communication regarding a pending enforcement investigation that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. -(b) Notwithstanding subdivision (a), commission members and commission staff may conduct a project site visit if the proposed site visit is approved by a majority vote of the commission and with the permission of the property owner. A description of the site visit shall be a part of the public record of the matter to which the project site pertains and any communications conducted during the site visit shall be limited to those between commission members and staff. -(c) (1) If a commission member, or any interested person, conducts a communication that is in violation of subdivision (a), the commission member shall fully disclose and make public the communication by providing a full report of the communication to the executive director within seven days after the communication or, if the communication occurs within seven days of the next commission hearing, to the commission in writing to be included on the record of the proceeding at that hearing. -(2) Notwithstanding Section 30327, if a commission member conducts a communication that is in violation of subdivision (a), he or she shall not vote on or otherwise participate in any commission proceeding to which the communication applies. -(d) (1) The commission shall adopt standard disclosure forms for reporting communications that are in violation of subdivision (a), which shall include, but not be limited to, all of the following information: -(A) The date, time, and location of the communication. -(B) (i) The identity of the person or persons initiating and the person or persons receiving the communication. -(ii) The identity of the person on whose behalf the communication was made. -(iii) The identity of all persons present during the communication. -(C) A complete, comprehensive description of the content of the communication, including a complete set of all text and graphic material that was part of the communication. -(2) The executive director shall place in the public record any report made pursuant to this section. -SEC. 5 -Section 30327.2 is added to the Public Resources Code, to read: -30327.2. -(a) The commission shall adopt, at a duly noticed public hearing, a -board -policy that prohibits a commission member or alternate from using or attempting to use his or her official position to place undue influence, as defined by Section 1575 of the Civil Code, on commission -staff. -staff, including, but not limited to, the contents of staff reports. -(b) This section shall not be construed to prohibit a commissioner or alternate from communicating with, or providing information to, commission staff members about matters before the commission. -(c) A commission member or alternate who willfully violates subdivision (a) is forever disqualified from holding any position at the commission. -(d) This section is intended to protect the public interest by ensuring that commission members and alternates do not unduly influence the contents of a staff report, analysis, or recommendation.","The California Coastal Act of 1976, establishes the California Coastal Commission, and prescribes the membership and functions and duties of the commission. The act requires the commission to meet at least 11 times annually at a place convenient to the public. -This bill would require the commission, commencing on or before July 1, 2017, to also provide -for -public -access to -participation at -all commission -meeting -meetings -via telephone and -video conferencing. -the Internet, as prescribed. -The bill would require the commission to include in the executive summary section of a staff report -a list of -references to any materials submitted for the public record that are determined not to relate to a matter within the commission’s jurisdiction. -For purposes of the act, an “ex parte communication” is defined as any oral or written communication between a member of the commission and an interested person, as defined, about a matter within the commission’s jurisdiction, as defined, that does not occur in a public hearing, workshop, or other official proceeding or on the official record of the proceeding on the matter, but excludes from that definition certain communications, including communications between a staff member acting in his or her official capacity and any commission member or interested person, as prescribed. The act prohibits a commission member and an interested person from conducting an ex parte communication unless the member fully discloses and makes public the ex parte communication, as specified, and prohibits a commission member or alternate from making, participating in making, or in any other way attempting to use his or her official position to influence a commission decision about which the member or alternate has knowingly had an ex parte communication that has not been reported. -This bill would prohibit a commission member or an interested person from intentionally conducting any ex parte communication on a matter within the commission’s jurisdiction, as defined, or any oral or written communication regarding a pending enforcement investigation that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. The bill would require a commission member to report these communications in writing, would require the report to be placed in the public record, and would prohibit a commission member from voting on or otherwise participating in any commission proceeding to which one of these communications applies, even if the communication is reported. The bill would exclude from the above provisions a project site visit by commission members and staff that meets certain requirements and communications conducted by a commission member while acting in his or her capacity as a local government official, as specified. -This bill would also require the commission to adopt, at a duly noticed public hearing, a policy that prohibits a commission member from using or attempting to use his or her official position to place undue influence, as defined, on commission staff. The bill would forever disqualify a commission member or alternate who willfully violates that provision from holding any position at the commission.","An act to amend Sections 30315, 30321, 30322, and 30324 of, and to add Section 30327.2 to, the Public Resources Code, relating to the California Coastal Commission." -332,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 5273.1 is added to the Business and Professions Code, to read: -5273.1. -(a) Notwithstanding Section 5273 and the dissolution of a state redevelopment agency, and subject to subdivision (b), for purposes of this section, an advertising display location that advertised businesses and activities within the boundary limits of the City of Inglewood may continue to exist and advertise businesses or activities operating outside the redevelopment project area. It shall be considered an on-premises display, as defined in Section 5490, if the advertising display meets all of the following conditions: -(1) The advertising display is located within the boundary limits of the City of Inglewood. -(2) The advertising display was constructed on or before January 1, 2012. -(3) The advertising display is adjacent to Interstate 405 and located at either postmile 22.36L or 22.38L north of Century Boulevard. -(4) The advertising display does not cause the reduction of federal aid highway funds provided pursuant to Section 131 of Title 23 of the United States Code. If an advertising display authorized under this section is subject to a notice from the United States Department of Transportation, the Federal Highway Administration, or any other applicable federal agency to the state that the operation of that display will result in the reduction of federal aid highway funds as provided in Section 131 of Title 23 of the United States Code, the display owner or operator shall remove all advertising copy from the display within 60 days after the date the state notifies the owner or operator, and the City of Inglewood, by certified mail, of the receipt of the federal notice. Failure to remove the advertising copy pursuant to this paragraph shall result in a civil fine, imposed by the California Department of Transportation, of ten thousand dollars ($10,000) per day until the advertising copy is removed. The department shall not assume any liability in connection with the cessation of operation or removal of an advertising display or advertising copy pursuant to this paragraph. If the name of the owner or operator of the display is not indicated on the display, the state is only required to send the notice to the City of Inglewood. -(b) An advertising display described in subdivision (a) may remain until January 1, 2023, after which date the display shall be removed, unless it otherwise qualifies as a lawful advertising display pursuant to this section, without the payment of any compensation to the owner or operator. On and after January 1, 2022, the City of Inglewood may for good cause request from the department an extension beyond January 1, 2023, not to exceed the expiration of the redevelopment project area. “Good cause” for these purposes means that all of the following are satisfied: (1) there has been a finding by the City of Inglewood that the advertising display has had a positive economic impact on the redevelopment project area and provides a public benefit, (2) there have been no violations by the display owner or operator of this section or of any applicable illumination standards in the previous 10 years that have not been corrected within 30 days of the date of mailing of a violation notice to the owner or operator by the department, and (3) there has been compliance by the owner and operator with all other standards adopted by the City of Inglewood or by the department. -(c) The City of Inglewood shall be responsible for ensuring that an advertising display is consistent with this section and provides a public benefit. This provision shall not be construed to preclude any enforcement authority of the department under this chapter. -(d) The City of Inglewood shall annually certify to the department, by December 31 of each year, that at least 10 percent of the advertising copy, up to a maximum of 100 square feet, is used to display the address or location or locations of the business or activity or to identify the route to the business or activity from the nearest freeway offramp. The department may independently review compliance with this certification. An advertising display subject to this section shall be removed if it is in violation of this section more than three times within a 10-year period and the violation has not been corrected within 30 days of the date of mailing of a violation notice to the owner or operator by the department. -(e) The City of Inglewood shall have primary responsibility for ensuring that the advertising display authorized pursuant to this section remains in conformance with all of the provisions of this section. If the City of Inglewood fails to do so within 30 days of the date of mailing of a notice to the city by the department, the city shall hold the department harmless and indemnify the department for all costs incurred by the department to ensure compliance with this section or to defend actions challenging the authorization of displays pursuant to this section. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 3. -Due to unique circumstances concerning the location of the advertising displays, or proposed advertising displays, set forth in this act and the need for advertising in that location, it is necessary that an exemption from some of the provisions of the Outdoor Advertising Act be provided for those displays, and the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.","Existing law, the Outdoor Advertising Act, provides for the regulation by the Department of Transportation of advertising displays, as defined, within view of public highways. The act regulates the placement of off-premises advertising displays along highways that generally advertise business conducted or services rendered or goods produced or sold at a location other than the property upon which the display is located. A violation of the act is a crime. -The act also provides that an advertising display advertising businesses and activities developed within the boundary limits of, and as a part of, an individual redevelopment agency project, as those project boundaries existed on December 29, 2011, may remain and be considered an on-premises display, until January 1, 2023, if the advertising display meets specified criteria. The act further authorizes, on and after January 1, 2022, the applicable city, county, or city and county to request from the department an extension for good cause, as specified, beyond January 1, 2023, not to exceed the expiration of the redevelopment project area. -This bill would authorize under similar provisions the advertising of businesses or activities operating outside a redevelopment project area but within the boundaries of the City of Inglewood. The bill would impose certain duties on the City of Inglewood regarding advertising displays. By increasing the level of service provided by the city, the bill would impose a state-mandated local program. -The bill would also make findings and declarations as to the need for a special statute relating to the City of Inglewood. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 5273.1 to the Business and Professions Code, relating to outdoor advertising." -333,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25417.5 of the Public Resources Code is amended to read: -25417.5. -(a) In furtherance of the purposes of the commission as set forth in this chapter, the commission has the power and authority to do all of the following: -(1) Borrow money, for the purpose of obtaining funds to make loans pursuant to this chapter, from the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, and the California Consumer Power and Conservation Financing Authority from the proceeds of revenue bonds issued by any of those agencies. -(2) Pledge collateral to secure the repayment of moneys borrowed pursuant to paragraph (1) or of bonds or other borrowings by the California Infrastructure and Economic Development Bank. The commission may pledge, as collateral for these purposes, the loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440) or the principal and interest payments on loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440). These pledges shall be subject to Chapter 5.5 (commencing with Section 5450) of Division 6 of Title 1 of the Government Code. -(3) Sell loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440), at prices determined in the sole discretion of the commission, to the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, and the California Consumer Power and Conservation Financing Authority to raise funds to enable the commission to make loans to eligible institutions. -(4) Enter into loan agreements or other contracts necessary or appropriate in connection with the pledge or sale of loans pursuant to paragraph (2) or (3), or the borrowing of money as provided in paragraph (1), containing any provisions that may be required by the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, or the California Consumer Power and Conservation Financing Authority as conditions of issuing bonds to fund loans to, or the purchase of loans from, the commission. -(b) In connection with the pledging of loans, or of the principal and interest payment on loans, pursuant to paragraph (2) of subdivision (a), the commission may enter into pledge agreements setting forth the terms and conditions pursuant to which the commission is pledging loans or the principal and interest payment on loans, including the pledging of loans or the principal and interest payment on loans as collateral to secure the repayment of bonds or other borrowings by the California Infrastructure and Economic Development Bank, and may also agree to have the loans held by bond trustees or by independent collateral or escrow agents and to direct that payments received on those loans be paid to those trustee, collateral, or escrow agents. -(c) The commission may employ financial consultants, legal advisers, accountants, and other service providers, as may be necessary in its judgment, in connection with activities pursuant to this chapter. -(d) Notwithstanding any other provision of law, this chapter provides a complete, separate, additional, and alternative method for implementing the measures authorized by this chapter, including the authority of the eligible institutions or local jurisdictions to have borrowed and to borrow in the future pursuant to loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440), and is supplemental and additional to powers conferred by other laws. -SEC. 2. -Section 25421 of the Public Resources Code is amended to read: -25421. -(a) Except as provided in subdivision (b), this chapter shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2028, deletes or extends that date. -(b) Except as specified in subdivisions (c) and (d), all loans outstanding as of January 1, 2028, shall continue to be repaid on a semiannual basis, as specified in Section 25415, until paid in full. All unexpended funds in the State Energy Conservation Assistance Account on January 1, 2028, and after that date, shall revert to the General Fund. -(c) To the extent required under applicable bond obligations, unexpended funds from the proceeds of bonds sold pursuant to Section 25417.5 that remain in the State Energy Conservation Assistance Account on January 1, 2028, shall remain in the account. These funds shall be expended pursuant to the applicable requirements for bond proceeds. Once all applicable bond obligations have been satisfied, unexpended funds shall revert to the General Fund. -(d) Unexpended funds from the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) remaining in the State Energy Conservation Assistance Account on January 1, 2028, shall revert to the Federal Trust Fund.","Existing law requires the State Energy Resources Conservation and Development Commission to administer the State Energy Conservation Assistance Account, a continuously appropriated account in the General Fund, to provide grants and loans, until January 1, 2018, to schools, hospitals, public care institutions, and local governments to maximize energy use savings. For this purpose, existing law authorizes the commission, among other things, to borrow moneys from specified entities, including the California Infrastructure and Economic Development Bank, as specified, and pledge specified loans or the principal and interest payments on those loans to provide collateral in connection with those borrowed moneys. Existing law also authorizes the commission to enter into pledge agreements setting forth the terms and conditions pursuant to which the commission is making those pledges. -This bill would extend the operation of all of those provisions to January 1, 2028, and would thereby make an appropriation by extending the time during which the funds deposited in a continuously appropriated account are made available for expenditure. The bill would authorize the commission to pledge collateral to secure the repayment of bonds or other borrowings by the California Infrastructure and Economic Development Bank. The bill would also expressly authorize the commission to enter into pledge agreements pursuant to which the commission is pledging collateral to secure the repayment of bonds or other borrowings by the California Infrastructure and Economic Development Bank.","An act to amend Sections 25417.5 and 25421 of the Public Resources Code, relating to energy, and making an appropriation therefor." -334,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) In order to create a statewide disaster preparedness, response, and recovery system and to facilitate the reach of local services to vulnerable populations, this act is established to expand 2-1-1 services to all areas of California that do not currently have access to this vital service. -(2) 2-1-1 service is a free, accessible, three-digit telephone number that gives everyone in covered areas access to needed community services. First established in 2005, 2-1-1 service now covers 38 California counties. It is available 24 hours a day, seven days a week, allowing residents to access information about health and human services, emergency care, crisis intervention, and disaster preparedness, response, and recovery when they need it most. -(3) 2-1-1 service is a natural hub for disaster-related information and plays a critical role during emergencies and disasters, such as fires, floods, earthquakes, terrorist attacks, and epidemics, reducing nonemergency call volume on 9-1-1 lines, which frees up emergency responders to deal with true life-or-death situations, thus leveraging local public safety resources. -(4) 2-1-1 service also increases the reach of government, nonprofit, and community programs by offering callers information on and access to a variety of health and human services, rent and utility assistance, physical and mental health resources, employment opportunities, support for older Americans and persons with disabilities, and support for families with special needs. -(5) 2-1-1 service call centers are staffed with highly trained specialists who have expertise in navigating the web of health and human services in a particular community and who have up-to-date information and guidance for callers in times of disaster. -(6) 2-1-1 service call center specialists are able to answer calls in over 150 different languages; they are able to provide critical health information to otherwise hard-to-reach ethnic populations. -(7) Twenty rural counties in California currently do not have access to 2-1-1 services, creating holes in referral services and disaster response capability. -(b) It is the intent of the Legislature, in enacting this act, to facilitate the expansion of 2-1-1 services into those counties in California where they are lacking and to support a comprehensive statewide database that will connect all callers to the information and referrals they need. -(c) It is the intent of the Legislature to facilitate access to disaster preparedness, response, and recovery information, and referral services, uniformly in the state, especially in hard-to-serve rural areas, through a universally available 2-1-1 telephone service. -SEC. 2. -Section 280 of the Public Utilities Code is amended to read: -280. -(a) The commission shall develop, implement, and administer a program to advance universal service by providing discounted rates to qualifying schools maintaining kindergarten or any of grades 1 to 12, inclusive, community colleges, libraries, hospitals, health clinics, and community organizations, consistent with Chapter 278 of the Statutes of 1994. -(b) There is hereby created the California Teleconnect Fund Administrative Committee, which is an advisory board to advise the commission regarding the development, implementation, and administration of a program to advance universal service by providing discounted rates to qualifying schools maintaining kindergarten or any of grades 1 to 12, inclusive, community colleges, libraries, hospitals, health clinics, and community organizations, consistent with Chapter 278 of the Statutes of 1994, and to carry out the program pursuant to the commission’s direction, control, and approval. -(c) All revenues collected by telephone corporations in rates authorized by the commission to fund the program specified in subdivision (a) shall be submitted to the commission pursuant to a schedule established by the commission. The commission shall transfer the moneys received to the Controller for deposit in the California Teleconnect Fund Administrative Committee Fund. All interest earned by moneys in the fund shall be deposited in the fund. -(d) Except as provided in subdivisions (e) and (g), moneys appropriated from the California Teleconnect Fund Administrative Committee Fund to the commission shall be utilized exclusively by the commission for the program specified in subdivision (a), including all costs of the board and the commission associated with the administration and oversight of the program and the fund. -(e) Moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003 are subject to Section 16320 of the Government Code. If the commission determines a need for moneys in the California Teleconnect Fund Administrative Committee Fund, the commission shall notify the Director of Finance of the need, as specified in Section 16320 of the Government Code. The commission may not increase the rates authorized by the commission to fund the program specified in subdivision (b) while moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003 are outstanding unless both of the following conditions are satisfied: -(1) The Director of Finance, after making a determination pursuant to subdivision (b) of Section 16320 of the Government Code, does not order repayment of all or a portion of any loan from the California Teleconnect Fund Administrative Committee Fund within 30 days of notification by the commission of the need for the moneys. -(2) The commission notifies the Director of Finance and the Chairperson of the Joint Legislative Budget Committee in writing that it intends to increase the rates authorized by the commission to fund the program specified in subdivision (a). The notification required pursuant to this paragraph shall be made 30 days in advance of the intended rate increase. -(f) Subdivision (e) shall become inoperative upon full repayment or discharge of all moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003. -(g) (1) Consistent with Decision 11-09-016 (September 8, 2011) Decision Granting Authority to Provide Emergency Access to 211 Services in Counties and Localities Without Existing 211 Centers and to Appoint a 211 Lead Entity, if it determines that doing so is an appropriate use of funds collected from ratepayers, the commission may expend up to one million five hundred thousand dollars ($1,500,000) from the California Teleconnect Fund Administrative Committee Fund for one-time costs to help close 2-1-1 service gaps in counties lacking access to disaster preparedness, response, and recovery information and referral services, where technically feasible, through available 2-1-1 service. As the lead agency appointed by the commission in Decision 11-09-016, 2-1-1 California may apply to the commission for use of the funds in the counties that lack 2-1-1 service. If the commission determines that doing so is an appropriate use of funds collected from ratepayers, these costs may include local implementation of a coordinated database that is owned by a city or county to provide referrals to help with nonemergency aspects of disaster planning, recovery, and response. -(2) This subdivision shall become inoperative on January 1, 2023.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. The Federal Communications Commission (FCC), pursuant to its existing authority over the North American Numbering Plan, has established several abbreviated dialing codes, including designating the number 9-1-1 for persons to dial to obtain emergency services, designating the number 3-1-1 for persons to dial for nonemergency police assistance, and designating the number 2-1-1 for persons to dial to obtain information about, and referral to, community social services. Pursuant to authority delegated by the FCC to state regulatory bodies and its existing statutory authority, the Public Utilities Commission has established procedures for implementing 2-1-1 dialing in California. -This bill would state the intent of the Legislature to facilitate the expansion of 2-1-1 services into those counties in California where they are lacking and to support a comprehensive statewide database that will connect all callers to information and referrals they need. The bill would additionally state the intent of the Legislature to facilitate access to disaster preparedness, response, and recovery information, and referral services, uniformly in the state, especially in hard-to-serve rural areas, through a universally available telephone service. -Existing law requires the commission to develop, implement, and administer a program to advance universal service by providing discounted rates to qualifying schools, community colleges, libraries, hospitals, health clinics, and community organizations. Existing law requires that all revenues collected by telephone corporations in rates authorized by the commission to fund this program be deposited in the California Teleconnect Fund Administrative Committee Fund. Existing law provides that moneys in the fund are held in trust and may be expended only upon appropriation in the annual Budget Act or upon supplemental appropriation and requires that all moneys appropriated to the commission from the fund be used exclusively for the program. -If the commission determines that doing so is an appropriate use of funds collected from ratepayers, the bill would, until January 1, 2023, authorize the commission to expend up to $1,500,000 from the fund to help close 2-1-1 service gaps in counties lacking access to disaster preparedness, response, and recovery information and referral services, where technically feasible, through available 2-1-1 service.","An act to amend Section 280 of the Public Utilities Code, relating to telecommunications." -335,"The people of the State of California do enact as follows: - - -SECTION 1. -The heading of Article 1.5 (commencing with Section 10506.4) of Chapter 2.1 of Part 2 of Division 2 of the Public Contract Code is amended to read: -Article 1.5. Best Value Construction Contracting Pilot Program -SEC. 2. -Section 10506.4 of the Public Contract Code is amended to read: -10506.4. -(a) This article provides the Best Value Construction Contracting Pilot Program for the Regents of the University of California for projects over one million dollars ($1,000,000). -(b) The Regents of the University of California shall let any contract for a project pursuant to this article to the lowest responsible bidder or else reject all bids. -(c) The lowest responsible bidder may be selected on the basis of the best value to the university, as defined in Section 10506.5. In order to implement this method of selection, the Regents of the University of California shall adopt and publish procedures and required guidelines for evaluating the qualifications of the bidders that ensure that best value selections by the university are conducted in a fair and impartial manner. These procedures and guidelines shall conform to the requirements of Sections 10506.6 and 10506.7 and shall be mandatory for the university when using best value selection. -(d) If one or more of the bids is substantially equal to the lowest bid, and at least one of those bidders is a disadvantaged business enterprise, a women business enterprise, or a disabled veteran business enterprise, the regents may award the contract in accordance with the policies and procedures adopted pursuant to Section 10500.5. -(e) If the regents deem it to be for the best interest of the university, the regents may, on the refusal or failure of the successful bidder for a project to execute a tendered contract, award it to the second lowest responsible bidder. If the second lowest bidder fails or refuses to execute the contract, the regents may likewise award it to the third lowest responsible bidder. -SEC. 3. -Section 10506.5 of the Public Contract Code is amended to read: -10506.5. -For purposes of this article, the following definitions apply: -(a) “Best value” means a procurement process whereby the lowest responsible bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications. -(b) “Best value contract” means a contract entered into pursuant to the provisions of this article. -(c) “Best value contractor” means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract. -(d) “Demonstrated management competency” means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity. -(e) “Financial condition” means the financial resources needed to perform the contract. The criteria used to evaluate a bidder’s financial condition shall include, at a minimum, capacity to obtain all required payment bonds, performance bonds, and liability insurance. -(f) “Labor compliance” means the ability to comply with, and past performance with, contract and statutory requirements for the payment of wages and qualifications of the workforce. The criteria used to evaluate a bidder’s labor compliance shall include, as a minimum, the bidder’s ability to comply with the apprenticeship requirements of the California Apprenticeship Council and the Department of Industrial Relations, its past conformance with such requirements, and its past conformance with requirements to pay prevailing wages on public works projects. -(g) “Qualifications” means financial condition, relevant experience, demonstrated management competency, labor compliance, the safety record of the bidder, and, if required by the bidding documents, some or all of the preceding qualifications as they pertain to subcontractors proposed to be used by the bidder for designated portions of the work. -(h) “Relevant experience” means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity. -(i) “Safety record” means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidder’s safety record shall include, as a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period. -(j) “University” means all locations of the University of California. -SEC. 4. -Section 10506.8 of the Public Contract Code is repealed. -SEC. 5. -Section 10506.9 of the Public Contract Code is amended to read: -10506.9. -This article shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. -SEC. 6. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law authorizes, through January 1, 2017, a pilot program for the Regents of the University of California to contract for certain types of projects on the university of the University of California based on the best value procedures, as specified. Existing law defines the term “university” to mean the campuses of the University of California, including the medical centers. The law requires, on or before January 1, 2016, the Regents of the University of California to report to specific committees of the Legislature regarding the pilot program, including, among other information, a description of the projects awarded using the best value procedures. -This bill would extend the provisions of the pilot program until January 1, 2018, and would repeal the reporting requirement. This bill would modify the definition of the term “university” to mean all locations of the University of California. -(2) By extending the requirement that bidders verify specified information under oath, this bill would impose a state-mandated local program by expanding the scope of an existing crime. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 10506.4 and 10506.5 of, to amend the heading of Article 1.5 (commencing with Section 10506.4) of Chapter 2.1 of Part 2 of Division 2 of, and to repeal Sections 10506.8 and 10506.9 of, the Public Contract Code, relating to public contracts." -336,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12814.6 of the Vehicle Code is amended to read: -12814.6. -(a) Except as provided in Section 12814.7, a driver’s license issued to a person at least 16 years of age but under 21 years of age shall be issued pursuant to the provisional licensing program contained in this section. The program shall consist of all of the following components: -(1) Upon application for an original license, the applicant shall be issued an instruction permit pursuant to Section 12509. A person who has in his or her immediate possession a valid permit issued pursuant to Section 12509 may operate a motor vehicle, other than a motorcycle or motorized bicycle, only when the person is either taking the driver training instruction referred to in paragraph (3) or practicing that instruction, provided the person is accompanied by, and is under the immediate supervision of, a California licensed driver 25 years of age or older whose driving privilege is not on probation. The age requirement of this paragraph does not apply if the licensed driver is the parent, spouse, or guardian of the permitholder or is a licensed or certified driving instructor. -(2) The person shall hold an instruction permit for not less than six months prior to applying for a provisional driver’s license. -(3) The person shall have complied with one of the following: -(A) Satisfactory completion of approved courses in automobile driver education and driver training maintained pursuant to provisions of the Education Code in any secondary school of California, or equivalent instruction in a secondary school of another state. -(B) Satisfactory completion of an integrated driver education and training program that is approved by the department and conducted by a driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5. The program shall utilize segmented modules, whereby a portion of the educational instruction is provided by, and then reinforced through, specific behind-the-wheel training before moving to the next phase of driver education and training. The program shall contain a minimum of 30 hours of classroom instruction and six hours of behind-the-wheel training. -(C) Satisfactory completion of six hours or more of behind-the-wheel instruction by a driving school or an independent driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 and either an accredited course in automobile driver education in any secondary school of California pursuant to provisions of the Education Code or satisfactory completion of equivalent professional instruction acceptable to the department. To be acceptable to the department, the professional instruction shall meet minimum standards to be prescribed by the department, and the standards shall be at least equal to the requirements for driver education and driver training contained in the rules and regulations adopted by the State Board of Education pursuant to the Education Code. A person who has complied with this subparagraph shall not be required by the governing board of a school district to comply with subparagraph (A) in order to graduate from high school. -(D) Except as provided under subparagraph (B), a student shall not take driver training instruction, unless he or she has successfully completed driver education. -(4) The person shall complete 50 hours of supervised driving practice prior to the issuance of a provisional license, which is in addition to any other driver training instruction required by law. Not less than 10 of the required practice hours shall include driving during darkness, as defined in Section 280. Upon application for a provisional license, the person shall submit to the department the certification of a parent, spouse, guardian, or licensed or certified driving instructor that the applicant has completed the required amount of driving practice and is prepared to take the department’s driving test. A person without a parent, spouse, guardian, or who is an emancipated minor, may have a licensed driver 25 years of age or older or a licensed or certified driving instructor complete the certification. This requirement does not apply to motorcycle practice. -(5) The person shall successfully complete an examination required by the department. Before retaking a test, the person shall wait for not less than one week after failure of the written test and for not less than two weeks after failure of the driving test. -(b) Except as provided in Section 12814.7, the provisional driver’s license shall be subject to all of the following restrictions: -(1) Except as specified in paragraph (2), during the first 12 months after issuance of a provisional license the licensee shall not do any of the following unless accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor: -(A) Drive between the hours of 11 p.m. and 5 a.m. -(B) Transport passengers who are under 20 years of age. -(2) A licensee may drive between the hours of 11 p.m. and 5 a.m. or transport an immediate family member without being accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor, in the following circumstances: -(A) Medical necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary. The licensee shall keep in his or her possession a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the necessity. -(B) -Schooling -School -or school-authorized activities of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary. -(i) The licensee shall keep in his or her possession a signed statement from the school principal, dean, or school staff member designated by the principal or dean, containing a probable date that the -schooling -school -or school-authorized activity will have been completed. -(ii) A licensee who is 18, 19, or 20 years of age may keep in his or her possession a copy of his or her class schedule as documentation to satisfy clause (i). -(C) Employment necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary. -(i) The licensee shall keep in his or her possession a signed statement from the employer, verifying employment and containing a probable date that the employment will have been completed. -(ii) A licensee who is 18, 19, or 20 years of age may keep in his or her possession a copy of his or her work schedule as documentation to satisfy clause (i). -(D) Necessity of the licensee or the licensee’s immediate family member when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary to transport the licensee or the licensee’s immediate family member. The licensee shall keep in his or her possession a signed statement from a parent or legal guardian verifying the reason and containing a probable date that the necessity will have ceased. If reasonable transportation facilities are inadequate and operation of a vehicle by a licensee who is 18, 19, or 20 years of age is necessary to transport the licensee or the licensee’s immediate family member, a signed statement by a parent or legal guardian is not required. -(E) The licensee is an emancipated minor. -(c) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of the restrictions imposed under subdivision (b). -(d) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether a driver who is subject to the license restrictions in subdivision (b) is in violation of Article 2.5 (commencing with Section 118947) of Chapter 4 of Part 15 of Division 104 of the Health and Safety Code. -(e) (1) Upon a finding that any licensee has violated paragraph (1) of subdivision (b), the court shall impose one of the following: -(A) Not less than eight hours nor more than 16 hours of community service for a first offense and not less than 16 hours nor more than 24 hours of community service for a second or subsequent offense. -(B) A fine of not more than thirty-five dollars ($35) for a first offense and a fine of not more than fifty dollars ($50) for a second or subsequent offense. -(2) If the court orders community service, the court shall retain jurisdiction until the hours of community service have been completed. -(3) If the hours of community service have not been completed within 90 days, the court shall impose a fine of not more than thirty-five dollars ($35) for a first offense and not more than fifty dollars ($50) for a second or subsequent offense. -(f) A conviction of paragraph (1) of subdivision (b), when reported to the department, shall not be disclosed as otherwise specified in Section 1808 or constitute a violation point count value pursuant to Section 12810. -(g) Any term of restriction or suspension of the driving privilege imposed on a person pursuant to this subdivision shall remain in effect until the end of the term even though the person becomes 21 years of age before the term ends. -(1) The driving privilege shall be suspended when the record of the person shows one or more notifications issued pursuant to Section 40509 or 40509.5. The suspension shall continue until any notification issued pursuant to Section 40509 or 40509.5 has been cleared. -(2) A 30-day restriction shall be imposed when a driver’s record shows a violation point count of two or more points in 12 months, as determined in accordance with Section 12810. The restriction shall require the licensee to be accompanied by a licensed parent, spouse, guardian, or other licensed driver 25 years of age or older, except when operating a class M vehicle, or so licensed, with no passengers aboard. -(3) A six-month suspension of the driving privilege and a one-year term of probation shall be imposed whenever a licensee’s record shows a violation point count of three or more points in 12 months, as determined in accordance with Section 12810. The terms and conditions of probation shall include, but not be limited to, both of the following: -(A) The person shall not violate any law that, if resulting in conviction, is reportable to the department under Section 1803. -(B) The person shall remain free from accident responsibility. -(h) Whenever action by the department under subdivision (g) arises as a result of a motor vehicle accident, the person may, in writing and within 10 days, demand a hearing to present evidence that he or she was not responsible for the accident upon which the action is based. Whenever action by the department is based upon a conviction reportable to the department under Section 1803, the person has no right to a hearing pursuant to Article 3 (commencing with Section 14100) of Chapter 3. -(i) The department shall require a person whose driving privilege is suspended or revoked pursuant to subdivision (g) to submit proof of financial responsibility as defined in Section 16430. The proof of financial responsibility shall be filed on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following the date of reinstatement. -(j) (1) Notwithstanding any other provision of this code, the department may issue a distinctive driver’s license, that displays a distinctive color or a distinctively colored stripe or other distinguishing characteristic, to persons at least 16 years of age and older but under 18 years of age, and to persons 18 years of age and older but under 21 years of age, so that the distinctive license feature is immediately recognizable. The features shall clearly differentiate between driver’s licenses issued to persons at least 16 years of age or older but under 18 years of age and to persons 18 years of age or older but under 21 years of age. -(2) If changes in the format or appearance of driver’s licenses are adopted pursuant to this subdivision, those changes may be implemented under any new contract for the production of driver’s licenses entered into after the adoption of those changes. -(k) The department shall include, on the face of the provisional driver’s license, the original issuance date of the provisional driver’s license in addition to any other issuance date. -(l) This section shall be known and may be cited as the Brady-Jared Teen Driver Safety Act of 1997. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Brady-Jared Teen Driver Safety Act of 1997, establishes a provisional licensing program and generally requires that a driver’s license issued to a person at least 16 years of age but under 18 years of age be issued pursuant to that provisional licensing program. During the first 12 months after issuance of a provisional license, existing law prohibits the licensee from driving between the hours of 11 p.m. and 5 a.m. and transporting passengers who are under 20 years of age, unless he or she is accompanied and supervised by a licensed driver, as specified, or a licensed or certified driving instructor. Existing law provides limited exceptions to these restrictions under which a licensee is authorized to drive under specified circumstances, including a -schooling -school -or school-authorized activity or an employment necessity, and requires the licensee to keep certain supporting documentation in his or her possession. A violation of these provisions is punishable as an infraction. -This bill would expand the scope of the provisional licensing program by extending the applicable age range for the program from 16 to under 18 years of age to 16 to under 21 years of age. By expanding the scope of the provisional licensing program, the violation of which constitutes an infraction, the bill would impose a state-mandated local program. The bill would authorize a licensee who is 18, 19, or 20 years of age to keep in his or her possession a copy of his or her class schedule or work schedule as documentation to satisfy the exceptions for -schooling -a school -or school-authorized activity and employment necessity, respectively, and would provide that a signed statement by a parent or legal guardian is not required if reasonable transportation facilities are inadequate and the operation of a vehicle by a licensee who is 18, 19, or 20 years of age is necessary to transport the licensee or the licensee’s immediate family member. The bill would make other -technical and -conforming changes. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 12814.6 of the Vehicle Code, relating to driver’s licenses." -337,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4652.5 of the Welfare and Institutions Code is amended to read: -4652.5. -(a) (1) An entity that receives payments from one or more regional centers shall contract with an independent accounting firm to obtain an independent audit or independent review report of its financial statements relating to payments made by regional centers, subject to both of the following: -(A) If the amount received from the regional center or regional centers during the entity’s fiscal year is more than or equal to five hundred thousand dollars ($500,000), but less than two million dollars ($2,000,000), the entity shall obtain an independent review report of its financial statements for the period. Consistent with Subchapter 21 (commencing with Section 58800) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, this subdivision shall also apply to work activity program providers receiving less than five hundred thousand dollars ($500,000). -(B) If the amount received from the regional center or regional centers during the entity’s fiscal year is equal to or more than two million dollars ($2,000,000), the entity shall obtain an independent audit of its financial statements for the period. -(2) This requirement does not apply to payments made using usual and customary rates, as defined by Title 17 of the California Code of Regulations, for services provided by regional centers. -(3) This requirement does not apply to state and local governmental agencies, the University of California, or the California State University. -(b) An entity subject to subdivision (a) shall provide copies of the independent audit or independent review report required by subdivision (a), and accompanying management letters, to the vendoring regional center within nine months of the end of the fiscal year for the entity. -(c) Regional centers that receive the audit or review reports required by subdivision (b) shall review and require resolution by the entity for issues identified in the report that have an impact on regional center services. Regional centers shall take appropriate action, up to termination of vendorization, for lack of adequate resolution of issues. -(d) (1) Regional centers shall notify the department of all qualified opinion reports or reports noting significant issues that directly or indirectly impact regional center services within 30 days after receipt. Notification shall include a plan for resolution of issues. -(2) A regional center shall submit copies of all independent audit reports that it receives to the department for review. The department shall compile data, by regional center, on vendor compliance with audit requirements and opinions resulting from audit reports and shall annually publish the data in the performance dashboard developed pursuant to Section 4572. -(e) For purposes of this section, an independent review of financial statements shall be performed by an independent accounting firm and shall cover, at a minimum, all of the following: -(1) An inquiry as to the entity’s accounting principles and practices and methods used in applying them. -(2) An inquiry as to the entity’s procedures for recording, classifying, and summarizing transactions and accumulating information. -(3) Analytical procedures designed to identify relationships or items that appear to be unusual. -(4) An inquiry about budgetary actions taken at meetings of the board of directors or other comparable meetings. -(5) An inquiry about whether the financial statements have been properly prepared in conformity with generally accepted accounting principles and whether any events subsequent to the date of the financial statements would have a material effect on the statements under review. -(6) Working papers prepared in connection with a review of financial statements describing the items covered as well as any unusual items, including their disposition. -(f) For purposes of this section, an independent review report shall cover, at a minimum, all of the following: -(1) Certification that the review was performed in accordance with standards established by the American Institute of Certified Public Accountants. -(2) Certification that the statements are the representations of management. -(3) Certification that the review consisted of inquiries and analytical procedures that are lesser in scope than those of an audit. -(4) Certification that the accountant is not aware of any material modifications that need to be made to the statements for them to be in conformity with generally accepted accounting principles. -(g) The department shall not consider a request for adjustments to rates submitted in accordance with Title 17 of the California Code of Regulations by an entity receiving payments from one or more regional centers solely to fund either anticipated or unanticipated changes required to comply with this section. -(h) (1) An entity required to obtain an independent review report of its financial statement pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may apply to the regional center for, and the regional center shall grant, a two-year exemption from the independent review report requirement if the regional center does not find issues in the prior year’s independent review report that have an impact on regional center services. -(2) An entity required to obtain an independent audit of its financial statements pursuant to subparagraph (B) of paragraph (1) of subdivision (a) may apply to the regional center for an exemption from the independent audit requirement, subject to both of the following conditions: -(A) If the independent audit for the prior year resulted in an unmodified opinion or an unmodified opinion with additional communication, the regional center shall grant the entity a two-year exemption. -(B) If the independent audit for the prior year resulted in a qualified opinion and the issues are not material, the regional center shall grant the entity a two-year exemption. The entity and the regional center shall continue to address issues raised in this independent audit, regardless of whether the exemption is granted. -(3) A regional center shall annually report to the department any exemptions granted pursuant to this subdivision. -(i) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. -SEC. 2. -Section 4652.5 is added to the Welfare and Institutions Code, to read: -4652.5. -(a) (1) An entity that receives payments from one or more regional centers shall contract with an independent accounting firm to obtain an independent audit or independent review report of its financial statements relating to payments made by regional centers, subject to both of the following: -(A) If the amount received from the regional center or regional centers during each state fiscal year is more than or equal to five hundred thousand dollars ($500,000), but less than two million dollars ($2,000,000), the entity shall obtain an independent review report of its financial statements for the entity’s fiscal year that includes the last day of the most recent state fiscal year. Consistent with Subchapter 21 (commencing with Section 58800) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, this subdivision shall also apply to work activity program providers receiving less than five hundred thousand dollars ($500,000). -(B) If the amount received from the regional center or regional centers during each state fiscal year is equal to or more than two million dollars ($2,000,000), the entity shall obtain an independent audit of its financial statements for the entity’s fiscal year that includes the last day of the most recent state fiscal year. -(2) This requirement does not apply to payments made using usual and customary rates, as defined by Title 17 of the California Code of Regulations, for services provided by regional centers. -(3) This requirement does not apply to state and local governmental agencies, the University of California, or the California State University. -(b) An entity subject to subdivision (a) shall provide copies of the independent audit or independent review report required by subdivision (a), and accompanying management letters, to the vendoring regional center within nine months of the end of the entity’s fiscal year. -(c) Regional centers that receive the audit or review reports required by subdivision (b) shall review and require resolution by the entity for issues identified in the report that have an impact on regional center services. Regional centers shall take appropriate action, up to termination of vendorization, for lack of adequate resolution of issues. -(d) (1) Regional centers shall notify the department of all qualified opinion reports or reports noting significant issues that directly or indirectly impact regional center services within 30 days after receipt. Notification shall include a plan for resolution of issues. -(2) A regional center shall submit copies of all independent audit reports that it receives to the department for review. The department shall compile data, by regional center, on vendor compliance with audit requirements and opinions resulting from audit reports and shall annually publish the data in the performance dashboard developed pursuant to Section 4572. -(e) For purposes of this section, an independent review of financial statements shall be performed by an independent accounting firm and shall cover, at a minimum, all of the following: -(1) An inquiry as to the entity’s accounting principles and practices and methods used in applying them. -(2) An inquiry as to the entity’s procedures for recording, classifying, and summarizing transactions and accumulating information. -(3) Analytical procedures designed to identify relationships or items that appear to be unusual. -(4) An inquiry about budgetary actions taken at meetings of the board of directors or other comparable meetings. -(5) An inquiry about whether the financial statements have been properly prepared in conformity with generally accepted accounting principles and whether any events subsequent to the date of the financial statements would have a material effect on the statements under review. -(6) Working papers prepared in connection with a review of financial statements describing the items covered as well as any unusual items, including their disposition. -(f) For purposes of this section, an independent review report shall cover, at a minimum, all of the following: -(1) Certification that the review was performed in accordance with standards established by the American Institute of Certified Public Accountants. -(2) Certification that the statements are the representations of management. -(3) Certification that the review consisted of inquiries and analytical procedures that are lesser in scope than those of an audit. -(4) Certification that the accountant is not aware of any material modifications that need to be made to the statements for them to be in conformity with generally accepted accounting principles. -(g) The department shall not consider a request for adjustments to rates submitted in accordance with Title 17 of the California Code of Regulations by an entity receiving payments from one or more regional centers solely to fund either anticipated or unanticipated changes required to comply with this section. -(h) (1) An entity required to obtain an independent review report of its financial statement pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may apply to the regional center for, and the regional center shall grant, a two-year exemption from the independent review report requirement if the regional center does not find issues in the prior year’s independent review report that have an impact on regional center services. -(2) An entity required to obtain an independent audit of its financial statements pursuant to subparagraph (B) of paragraph (1) of subdivision (a) may apply to the regional center for an exemption from the independent audit requirement, subject to both of the following conditions: -(A) If the independent audit for the prior year resulted in an unmodified opinion or an unmodified opinion with additional communication, the regional center shall grant the entity a two-year exemption. -(B) If the independent audit for the prior year resulted in a qualified opinion and the issues are not material, the regional center shall grant the entity a two-year exemption. The entity and the regional center shall continue to address issues raised in this independent audit, regardless of whether the exemption is granted. -(3) A regional center shall annually report to the department any exemptions granted pursuant to this subdivision. -(i) This section shall become operative on January 1, 2018.","Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is authorized to contract with regional centers to provide services and supports to individuals with developmental disabilities. Existing law requires an entity that receives payments from one or more regional centers to obtain an independent audit or independent review report of its financial statements based upon the amount it receives from the regional center or regional centers during the entity’s fiscal year. -This bill would, commencing January 1, 2018, instead require the entity to obtain an independent review report or an independent audit of its financial statements based upon the amount it receives from the regional center or regional centers during each state fiscal year. -Existing law requires regional centers to notify the department of all qualified opinion reports or reports noting significant issues that directly or indirectly impact regional center services within 30 days after receipt. -This bill would also require a regional center to submit copies of all independent audit reports that it receives to the department for review. The bill would require the department to compile data, by regional center, on vendor compliance with audit requirements and opinions resulting from audit reports and to annually publish the data in a performance dashboard.","An act to amend, repeal, and add Section 4652.5 of the Welfare and Institutions Code, relating to developmental services." -338,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares the following: -(1) On October 12, 2010, the federal Secure and Responsible Drug Disposal Act of 2010 (Public Law 111-273; hereafter referred to as the Disposal Act) was enacted. Before the Disposal Act, individuals who wanted to dispose of unused, unwanted, or expired pharmaceutical controlled substances had limited disposal options. The federal Controlled Substances Act (21 U.S.C. Sec. 801 et seq.; hereafter referred to as the CSA) only permitted individuals to destroy those substances themselves (e.g., by flushing or discarding), surrender them to law enforcement, or seek assistance from the federal Drug Enforcement Administration (DEA). These restrictions resulted in the accumulation of pharmaceutical controlled substances in household medicine cabinets that were available for abuse, misuse, diversion, and accidental ingestion. The Disposal Act amended the CSA to authorize specified individuals, referred to as “ultimate users,” to deliver their pharmaceutical controlled substances to another person for the purpose of disposal in accordance with regulations promulgated by the United States Attorney General. -(2) On September 9, 2014, the DEA issued its final rule governing the secure disposal of controlled substances by registrants and ultimate users. Those regulations implement the Disposal Act by expanding the options available to collect controlled substances from ultimate users for the purpose of disposal, including take-back events, mail-back programs, and collection receptacle locations. Those regulations, among other things, allow authorized manufacturers, distributors, reverse distributors, narcotic treatment programs, hospitals/clinics with an onsite pharmacy, and retail pharmacies to voluntarily administer mail-back programs and maintain collection receptacles. -(b) It is the intent of the Legislature, with the enactment of this act, to do both of the following: -(1) Encourage the good faith participation of federally authorized entities to maintain secure drug take-back bins on their premises for the convenience and public health and safety of prescription drug consumers and the proper disposal in the waste stream of the pharmaceutical waste contained in the bins. -(2) Limit the civil and criminal liability of participating entities that meet certain minimum standards and take reasonable care to ensure the health and safety of consumers and employees when maintaining secure drug take-back bins on their premises. -(c) The terms and conditions provided by subdivision (b) of Section 1714.24 of the Civil Code, as added by this act, shall be construed in a manner consistent with the requirements imposed by the DEA’s final rule governing the secure disposal of controlled substances (79 Fed. Reg. 53519-70 (September 9, 2014)) and any regulations promulgated by the state. -SEC. 2. -Section 1714.24 is added to the Civil Code, to read: -1714.24. -(a) For purposes of this section, the following definitions shall apply: -(1) “Collector” includes only those entities authorized by and registered with the federal Drug Enforcement Administration to receive a controlled substance for the purpose of destruction, if the entity is in good standing with any applicable licensing authority. -(2) “Compensation” means reimbursement or funds received from a customer to compensate for the cost incurred in obtaining, installing, or maintaining a secure drug take-back bin. “Compensation” does not include reimbursement or funds received from any other person or entity, other than a customer, to compensate for the costs incurred in obtaining, installing, or maintaining a secure drug take-back bin. -(3) “Home-generated pharmaceutical waste” means a pharmaceutical that is no longer wanted or needed by the consumer and includes any delivery system, such as pills, liquids, and inhalers. -(4) “Maintains” includes owning, leasing, operating, or otherwise hosting a secure drug take-back bin on the collector’s premises. -(5) “Pharmaceutical” means a prescription or over-the-counter human or veterinary drug, including, but not limited to, a drug as defined in Section 109925 of the Health and Safety Code and Section 321(g)(1) of Title 21 of the United States Code. “Pharmaceutical” includes controlled substances included in Schedule II, III, IV, or V of the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code), but does not include a controlled substance included in Schedule I. -(6) “Secure drug take-back bin” means a collection receptacle as described in Section 1317.75 of Title 21 of the Code of Federal Regulations. -(b) Any collector that maintains a secure drug take-back bin shall not be liable in a civil action, or be subject to criminal prosecution, for any injury or harm that results from the collector maintaining a secure drug take-back bin on its premises provided that the collector, not for compensation, acts in good faith to take all of the following steps to ensure the health and safety of consumers and employees and the proper disposal in the waste stream of the home-generated pharmaceutical waste contained in a secure drug take-back bin, unless the injury or harm results from the collector’s gross negligence or willful and wanton misconduct: -(1) Complies with all applicable state and federal laws and regulations relating to the collection of home-generated pharmaceutical waste for disposal in secure drug take-back bins, including, but not limited to, the federal Secure and Responsible Drug Disposal Act of 2010 (Public Law 111-273). -(2) Notifies local law enforcement and any local environmental health department as to the existence and location of any secure drug take-back bin on the collector’s premises and the status of the collector’s registration as a collector with the federal Drug Enforcement Administration. -(3) Ensures that the secure drug take-back bin is placed in a location that is regularly monitored by employees of the registered collector. -(4) Ensures that conspicuous signage is posted on the secure drug take-back bin that clearly notifies customers as to what controlled and noncontrolled substances are and are not acceptable for deposit into the bin, as well as the hours during which collection is allowed. -(5) Ensures that public access to the secure drug take-back bin is limited to hours in which employees of the registered collector are present and able to monitor the operation of the secure drug take-back bin. -(6) Regularly inspects the area surrounding the secure drug take-back bin for potential tampering or diversion. Record logs of those inspections shall be maintained and retained for two years, reflecting the date and time of the inspection, and the initials of the employee inspecting the area. The logs shall be maintained in writing or electronically and may be combined with logs required by state or federal regulations. The logs may be used to demonstrate regular inspection of the area. Other records or reports mandated by federal or state regulations shall also be retained for a minimum of two years unless regulations mandate a longer period. -(7) Notifies local law enforcement authorities of any suspected or known tampering, theft, or significant loss of controlled substances, within one business day of discovery. If the collector maintains daily business hours, this notification shall be made within one calendar day. -(8) Notify local law enforcement as to any decision to discontinue its voluntary collection of controlled substances and provide documentation of its written notification to the federal Drug Enforcement Administration’s Registration Unit as otherwise required under federal laws and regulations. -(c) Nothing in this section shall be construed to require entities that may qualify as a collector to acquire, maintain, or make available to the public a secure drug take-back bin on its premises.","Under existing law, the Medical Waste Management Act, the State Department of Public Health regulates the management and handling of medical waste, including pharmaceutical waste, as defined. The act generally prohibits a person from transporting, storing, treating, disposing, or causing the treatment of medical waste in a manner not authorized by the act. A violation of that provision is a crime. -Under existing law, everyone is generally responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter, has willfully or by want of ordinary care, brought the injury upon himself or herself. -This bill would provide that a collector, as defined, is not liable for civil damages, or subject to criminal prosecution, for any injury or harm that results from the collector maintaining a secure drug take-back bin on its premises provided that the collector, not for compensation, acts in good faith to take specified steps, including that the collector regularly inspects the area surrounding the secure drug take-back bin for potential tampering or diversion, to ensure the health and safety of consumers and employees and the proper disposal in the waste stream of home-generated pharmaceutical waste, as defined, contained in the bins.","An act to add Section 1714.24 to the Civil Code, relating to pharmaceutical waste." -339,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The issue of corruption in small charter cities across the state is an increasing and alarming trend, with no signs of slowing or stopping. -(b) Small charter cities such as the City of Vernon, the City of Bell, and the City of Industry have long histories of abuses of power within city limits, going back decades. Those abuses include inflated salaries for city officials, failing to establish minimum qualifications for key positions, fiscally risky bond issuances, misappropriation of public funds, city officials issuing loans to themselves, failure to plan basic municipal responsibilities such as energy purchases according to best practices, incorrectly classifying employees to obtain higher, unearned retirement benefits, forcing employees to work at will for the city council, buying residential properties and renting them at below-market rents to city workers, inadequate and self-serving contracting policies, routine violations of conflict-of-interest policies, and little or no restrictions on city-issued credit cards. -(c) The voter base in small charter cities is tightly managed by city officials. The housing units within these cities are controlled by city leaders and rented out to handpicked tenants at below-market cost, thus keeping the voter base indebted to those in power. Efforts to broaden the homeowning population have met with resistance from city leaders, with officials in one city cutting power to new residents in an effort to force them from their homes. -(d) Criminal charges have also been filed in some instances, furthering the notion that these cities should not govern themselves. Voter fraud, conspiracy, and misappropriation of public funds are some of the charges that have been investigated, and are still being investigated, in some cases. -(e) This corruption has taken a toll on voter trust, citizen confidence, and taxpayer funds. -(f) In January 2016, an audit was released by the Controller highlighting the lack of administrative and internal accounting controls. Out of the 79 control elements evaluated by the Controller, 85 percent was found to be inadequate. Of the ethical components evaluated, none were found to be adequate. -(g) Historically, cities with small population size were not authorized to adopt a charter for local governance. However, in 1970, the Constitution was amended to authorize any city to adopt a charter. Since then, California’s citizens have seen one after another small charter city become mired in corruption and the leaders of these cities enrich themselves at the expense of the California taxpayer. Ensuring that our citizens, no matter where they live, have an open, honest, and transparent government is a matter of statewide concern, and not a municipal affair, and as a result the Legislature has the authority and the responsibility to impose heightened governing requirements. Therefore, the Legislature finds and declares that the provisions of this act are not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but are instead a matter of statewide concern. -SEC. 2. -Section 34096 is added to the Government Code, to read: -34096. -Notwithstanding any other law, all of the following shall apply to a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992: -(a) No more than 5 percent of the city’s total city-owned housing may be occupied by any of the following persons: -(1) Employees or officers of the city, including the family of employees or officers of the city. -(2) Persons that contract with the city, including employees of persons or companies that contract with the city, and including the family of persons who contract with the city and the family of employees of persons or companies that contract with the city. -(b) The city shall make an annual disclosure of all property owned by the city, wherever that property is situated. -(c) The city shall conduct an annual audit that utilizes internal control components and elements based on the guidelines established by the Government Accountability Office’s Internal Control Management and Evaluation Tool. The city shall substantially comply with those guidelines. -(d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. -SEC. 3. -Section 36516.7 is added to the Government Code, to read: -36516.7. -(a) Notwithstanding any other law, the compensation for service on the city council of a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, shall not exceed $1,000 per month. -(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. -SEC. 4. -Section 1100.8 is added to the Public Contract Code, to read: -1100.8. -(a) Notwithstanding Section 1100.7, this code shall apply to contracts entered into by a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, including, but not limited to, contracts for the provision of waste collection and management services. -(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. -SEC. -5. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the concerns related to the governance of a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992. -SEC. 6. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SECTION 1. -Section 34450 of the -Government Code -is amended to read: -34450. -Any city or city and county may enact, amend, or repeal a charter for its own government pursuant to this article or Article 3 (commencing with Section 9255) of Chapter 3 of Division 9 of the Elections Code.","Existing law -The California Constitution -authorizes any city or city and county to enact, amend, or repeal a charter for its own government, as specified. -A charter adopted pursuant to these provisions supersedes general laws of the state in regard to a municipal affair, and a city charter may specify various matters including, but not limited to, compensation of city -employees. -This bill would, until January 1, 2028, require a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, to conduct audits pursuant to a specified procedure and provide annual disclosures of property owned by the city, as specified. By increasing the duties of local officials, this bill would impose a state-mandated local program. The bill would, until January 1, 2028, additionally prohibit a city meeting this description from permitting more than 5% of any cityowned housing to be occupied by a city employee or officer, or person who contracts with the city, or their family. The bill would provide that until January 1, 2028, the compensation for service on the city council of a city meeting this description may not exceed $1,000 per month. -Existing law states that the Public Contract Code is the basis of all contracts between most public entities and their contractors and subcontractors. Existing law further states that, with regard to charter cities, the code applies unless there is an express exemption or a charter city ordinance or regulation that is in direct conflict with the code. -This bill would provide that until January 1, 2028, the Public Contract Code applies to a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, as specified. -This bill would declare that its provisions are a matter of statewide concern, and not a municipal affair. -This bill would make legislative findings and declarations as to the necessity of a special statute for a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -This bill would make a nonsubstantive change to this provision.","An act to -amend Section 34450 of -add and repeal Sections 34096 and 36516.7 of -the Government Code, -and to add and repeal Section 1100.8 of the Public Contract Code, -relating to local government." -340,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 44011 of the Health and Safety Code is amended to read: -44011. -(a) All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially to obtain a certificate of compliance or noncompliance, except for the following: -(1) All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles. -(2) All motor vehicles that have been issued a certificate of compliance or noncompliance or a repair cost waiver upon a change of ownership or initial registration in this state during the preceding six months. -(3) All motor vehicles manufactured prior to the 1976 model year or all motor vehicles manufactured after the -1976 -1975 -model year but prior to the 1981 model year that comply with paragraph (1) of subdivision (c). -(4) (A) Except as provided in subparagraph (B), all motor vehicles four or less model years old. -(B) Beginning January 1, 2005, all motor vehicles six or less model years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with respect to the state implementation plan required by the federal Clean Air Act. -(C) All motor vehicles excepted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply: -(i) The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emissions control system or would fail for other cause a smog check test as specified in Section 44012. -(ii) The vehicle was previously registered outside this state and is undergoing initial registration in this state. -(iii) The vehicle is being registered as a specially constructed vehicle. -(iv) The vehicle has been selected for testing pursuant to Section 44014.7 or any other provision of this chapter authorizing out-of-cycle testing. -(D) This paragraph does not apply to diesel-powered vehicles. -(5) In addition to the vehicles exempted pursuant to paragraph (4), any motor vehicle or class of motor vehicles exempted pursuant to subdivision (c) of Section 44024.5. It is the intent of the Legislature that the department, pursuant to the authority granted by this paragraph, exempt at least 15 percent of the lowest emitting motor vehicles from the biennial smog check inspection. -(6) All motor vehicles that the department determines would present prohibitive inspection or repair problems. -(7) Any vehicle registered to the owner of a fleet licensed pursuant to Section 44020 if the vehicle is garaged exclusively outside the area included in program coverage, and is not primarily operated inside the area included in program coverage. -(8) (A) All diesel-powered vehicles manufactured prior to the 1998 model year. -(B) All diesel-powered vehicles that have a gross vehicle weight rating of 8,501 to 10,000 pounds, inclusive, until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. -(C) All diesel-powered vehicles that have a gross vehicle weight rating from 10,001 pounds to 14,000 pounds, inclusive, until the state board and the Department of Motor Vehicles determine the best method for identifying these vehicles, and until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. -(D) All diesel-powered vehicles that have a gross vehicle weight rating of 14,001 pounds or greater. -(b) Vehicles designated for program coverage in enhanced areas shall be required to obtain inspections from appropriate smog check stations operating in enhanced areas. -(c) For purposes of subdivision (a), a collector motor vehicle, as defined in Section 259 of the Vehicle Code, is exempt from those portions of the test required by subdivision (f) of Section 44012 if the collector motor vehicle meets all of the following criteria: -(1) Submission of proof that the motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau. -(2) The motor vehicle is at least 35 model years old. -(3) The motor vehicle complies with the exhaust emissions standards for that motor vehicle’s class and model year, as prescribed by the department, and the motor vehicle passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks. -(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. -SEC. 2. -Section 44011 is added to the Health and Safety Code, to read: -44011. -(a) All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially to obtain a certificate of compliance or noncompliance, except for the following: -(1) All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles. -(2) All motor vehicles that have been issued a certificate of compliance or noncompliance or a repair cost waiver upon a change of ownership or initial registration in this state during the preceding six months. -(3) All motor vehicles manufactured prior to the 1976 model year. -(4) (A) Except as provided in subparagraph (B), all motor vehicles four or less model years old. -(B) All motor vehicles six or less model years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with respect to the state implementation plan required by the federal Clean Air Act. -(C) All motor vehicles excepted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply: -(i) The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emissions control system or would fail for other cause a smog check test as specified in Section 44012. -(ii) The vehicle was previously registered outside this state and is undergoing initial registration in this state. -(iii) The vehicle is being registered as a specially constructed vehicle. -(iv) The vehicle has been selected for testing pursuant to Section 44014.7 or any other provision of this chapter authorizing out-of-cycle testing. -(D) This paragraph does not apply to diesel-powered vehicles. -(5) In addition to the vehicles exempted pursuant to paragraph (4), any motor vehicle or class of motor vehicles exempted pursuant to subdivision (c) of Section 44024.5. It is the intent of the Legislature that the department, pursuant to the authority granted by this paragraph, exempt at least 15 percent of the lowest emitting motor vehicles from the biennial smog check inspection. -(6) All motor vehicles that the department determines would present prohibitive inspection or repair problems. -(7) Any vehicle registered to the owner of a fleet licensed pursuant to Section 44020 if the vehicle is garaged exclusively outside the area included in program coverage, and is not primarily operated inside the area included in program coverage. -(8) (A) All diesel-powered vehicles manufactured prior to the 1998 model year. -(B) All diesel-powered vehicles that have a gross vehicle weight rating of 8,501 to 10,000 pounds, inclusive, until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. -(C) All diesel-powered vehicles that have a gross vehicle weight rating from 10,001 pounds to 14,000 pounds, inclusive, until the state board and the Department of Motor Vehicles determine the best method for identifying these vehicles, and until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. -(D) All diesel-powered vehicles that have a gross vehicle weight rating of 14,001 pounds or greater. -(b) Vehicles designated for program coverage in enhanced areas shall be required to obtain inspections from appropriate smog check stations operating in enhanced areas. -(c) For purposes of subdivision (a), a collector motor vehicle, as defined in Section 259 of the Vehicle Code, is exempt from those portions of the test required by subdivision (f) of Section 44012 if the collector motor vehicle meets all of the following criteria: -(1) Submission of proof that the motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau. -(2) The motor vehicle is at least 35 model years old. -(3) The motor vehicle complies with the exhaust emissions standards for that motor vehicle’s class and model year as prescribed by the department, and the motor vehicle passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks. -(d) This section shall become operative on January 1, 2019.","Existing law establishes a motor vehicle inspection and maintenance (smog check) program that is administered by the Department of Consumer Affairs. The smog check program requires inspection of motor vehicles upon initial registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances. Existing law exempts specified vehicles from being inspected biennially upon renewal of registration, including, among others, all motor vehicles manufactured prior to the 1976 model year. -This bill, until January 1, 2019, would also exempt from the biennial smog check inspections all motor vehicles manufactured after the -1976 -1975 -model year but prior to the 1981 model year if the owner submits proof that the motor vehicle is insured as a collector motor vehicle.","An act to amend, repeal, and add Section 44011 of the Health and Safety Code, relating to vehicular air pollution." -341,"The people of the State of California do enact as follows: - - -SECTION 1. -Part 3 (commencing with Section 1000) is added to Division 1 of the Food and Agricultural Code, to read: -PART 3. Agricultural Innovation Zones Incentive Program -1000. -The Legislature finds and declares both of the following: -(a) It is the intent of the Legislature to support farmers in adopting environmental farming practices near schools and senior health care centers that are more resilient to the unavoidable consequences of climate change and that offer other societal and ecosystem benefits. -(b) It is further the intent of the Legislature that the department establish a voluntary agricultural innovation zones incentive program to provide incentives to farmers to adopt an agricultural innovation zone and employ environmental farming practices within that zone to protect the health and cognition of future California generations. The establishment of agricultural innovation zones in disadvantaged communities should be the highest priority. -1001. -Unless the context otherwise requires, the following definitions govern the construction of this part: -(a) “Agricultural innovation zone” means an area within ___ miles of the boundary of a school or senior health care center where farmers follow environmental farming practices. -(b) “Department” means the Department of Pesticide Regulation. -(c) “School” means any public or private facility used as a child day care facility, as defined in Section 1596.750 of the Health and Safety Code, or for kindergarten, elementary, or secondary school purposes. The term includes the buildings or structures, playgrounds, athletic fields, or any other area of property visited or used by pupils. “School” does not include any postsecondary educational facility. -(d) “Senior health care center” means any facility that is a licensed skilled nursing facility or licensed intermediate care facility, as defined in Section 1250 of the Health and Safety Code, or any facility that offers assisted living services, as defined in paragraph (5) of subdivision (a) of Section 1771 of the Health and Safety Code. -(e) “Disadvantaged community” has the same meaning as defined in Section 39711 of the Health and Safety Code. -(f) “Environmental farming practices” means practices that promote the well-being of ecosystems, air quality, public health, water quality, soil health, biodiversity, and wildlife and their habitat. Environmental farming practices include, but are not limited to, the following: -(1) The following federal Natural Resources Conservation Service conservation practices: -(A) Integrated pest management, practice code 595. -(B) Cover crops, practice code 340. -(C) Crop rotation, practice code 328. -(D) Reduced tillage, practice code 345. -(2) Federal Natural Resources Conservation Service conservation enhancements regarding plantings, soil quality, and water quality. -(3) Practices that improve soil health, decrease greenhouse gas emissions, or sequester carbon. -(4) Practices that avoid applications of pesticides other than those authorized as part of organic certification pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.). -1002. -(a) By January 1, 2018, the department, in consultation with the Department of Food and Agriculture, shall establish a voluntary incentive program for farmers who use environmental farming practices within an agricultural innovation zone and shall give priority to projects in agricultural innovation zones located in disadvantaged communities. -(b) The types of incentives available may include, but are not limited to, loans, grants, technical assistance, education, and demonstration projects. -(c) The department, in consultation with the Department of Food and Agriculture, shall establish specific criteria for determining which farming practices qualify as environmental farming practices. To be eligible for the program, applicants shall introduce at least one new environmental farming practice that qualifies pursuant to this subdivision. -(d) The department shall establish procedures for applicants to access the program and include a ranking system to determine which projects may have the greatest impact toward improving soil health or sequestering carbon. -(e) At least 50 percent of any funding available for the program shall be given to projects that avoid applications of pesticides other than those authorized as part of organic certification pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.). -(f) The department may determine whether an applicant may access incentives on the portion of their property that extends beyond the agricultural innovation zone on a case-by-case basis. -1003. -(a) By January 1, 2021, and by January 1 every three years thereafter, the department shall issue a report to the Legislature that details the impact of the voluntary agricultural innovation zones incentive program and includes successes and challenges regarding the process for distributing incentives and the projects that use the incentives. The report shall include, but not be limited to, data on all of the following: -(1) The total number of acres of farmland that have adopted environmental farming practices under the program. -(2) The total number of acres of farmland that have adopted each specific environmental farming practice under the program. -(3) The counties where projects under the program are located and how many projects are within those counties. -(4) The reduction of pesticide use achieved under the program. -(b) This report shall be submitted in compliance with Section 9795 of the Government Code. -1004. -The department and the Department of Food and Agriculture shall conduct the activities specified in this part with existing resources, to the extent they are available. -SECTION 1. -Section 563 is added to the -Food and Agricultural Code -, to read: -563. -The Legislature finds and declares both of the following: -(a)It is the intent of the Legislature to support farmers in adopting environmental farming practices near schools and day care centers that are more resilient to the unavoidable consequences of climate change and that offer other societal and ecosystem benefits. -(b)It is further the intent of the Legislature that the department establish agricultural innovation zones and prioritize incentives to farmers who maintain or intend to adopt an agricultural innovation zone to ensure the health and learning of future California generations and that the establishment of agricultural innovation zones in disadvantaged communities should be the highest priority. -SEC. 2. -Section 564 of the -Food and Agricultural Code -is amended to read: -564. -Unless the context otherwise requires, the following definitions govern the construction of this article: -(a)“Agricultural activities” means those activities that generate products as specified in Section 54004. -(b)“Agricultural innovation zone” means an area within one mile of a school or day care center where farmers follow environmental farming practices, including organic farming practices, that promote the well-being of ecosystems, air quality, public health, water quality, soil health, and wildlife and their habitat and that do not rely on synthetic inputs. -(c)“Department” means the Department of Food and Agriculture. -(d)“Panel” means the Scientific Advisory Panel on Environmental Farming. -(e)“Secretary” means the Secretary of Food and Agriculture. -SEC. 3. -Section 566 of the -Food and Agricultural Code -is amended to read: -566. -(a)The department shall establish and oversee an environmental farming program. The program shall provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, public health, water quality, soil health, and wildlife and their habitat. -(b)As part of the program, the department shall establish agricultural innovation zones and shall give priority to agricultural innovation zones for incentives to farmers, with special priority for agricultural innovation zones in disadvantaged communities. -(c)The department may assist in the compilation of scientific evidence from public and private sources, including the scientific community, industry, conservation organizations, and federal, state, and local agencies identifying the net environmental impacts that agriculture creates for the environment. The department shall serve as the depository of this information and provide it to federal, state, and local governments, as needed. -(d)The department shall conduct the activities specified in this article with existing resources, to the extent they are available.","Existing law requires the Department of Food and Agriculture to establish and oversee an environmental farming program that provides incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. -This bill -would also include practices that promote public health, water quality, and soil health and would require the department, as part of that program, to establish agricultural innovation zones, as defined, and to give priority to agricultural innovation zones for incentives to farmers, with special priority for agricultural innovation zones in disadvantaged communities. The bill would state the Legislature’s intent relating to environmental farming practices and the establishment of agricultural innovation zones, as specified. -would, by January 1, 2018, require the Department of Pesticide Regulation, in consultation with the Department of Food and Agriculture, to establish a voluntary incentive program for farmers who use environmental farming practices, as defined, within an agricultural innovation zone, as defined. The bill would require priority be given to projects in agricultural innovation zones located in disadvantaged communities, as defined. The bill would require the Department of Pesticide Regulation, by January 1, 2021, and by January 1 every 3 years thereafter, to issue a report to the Legislature that details the impacts of the voluntary agricultural innovation zones incentive program and includes successes and challenges regarding the process for distributing incentives and the projects that use the incentives. The bill would require the departments to conduct these activities with existing resources, to the extent they are available.","An act to -amend Sections 564 and 566 of, and to add Section 563 to, -add Part 3 (commencing with Section 1000) to Division 1 of -the Food and Agricultural Code, relating to food and agriculture." -342,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 9084 of the Elections Code is amended to read: -9084. -The ballot pamphlet shall contain all of the following: -(a) A complete copy of each state measure. -(b) A copy of the specific constitutional or statutory provision, if any, that each state measure would repeal or revise. -(c) A copy of the arguments and rebuttals for and against each state measure. -(d) A copy of the analysis of each state measure. -(e) Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the ballot pamphlet easier to understand or more useful for the average voter. -(f) A notice, conspicuously printed on the cover of the ballot pamphlet, indicating that additional copies of the ballot pamphlet will be mailed by the county elections official upon request. -(g) A written explanation of the judicial retention procedure as required by Section 9083. -(h) The Voter Bill of Rights pursuant to Section 2300. -(i) If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state ballot pamphlet that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlet. -(j) If the ballot contains a question on the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention. -(k) If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of State’s Internet Web site for information about candidates for the offices of President and Vice President of the United States. -(l) A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5. -(m) A written explanation of the top 10 contributor lists required by Section 84223 of the Government Code, including a description of the Internet Web sites where those lists are available to the public. -(n) A copy of all the information posted on the -dedicated Internet -Web page -of -that is hyperlinked to -the -homepage of the -Internet Web site of the -____ -Legislative Analyst -’s Office -pursuant to the California Financial Transparency Act of 2016 (Chapter 5.3 (commencing with Section 8347) of Division 1 of Title 2 of the Government Code). -SEC. 2. -Chapter 5.3 (commencing with Section 8347) is added to Division 1 of Title 2 of the Government Code, to read: -CHAPTER 5.3. California Financial Transparency Act of 2016 -8347. -This chapter shall be known and may be cited as the California Financial Transparency Act of 2016. -8347.10. -The -____ [an entity of state government] -Legislative Analyst -shall post all of the following current total amounts on a dedicated -Internet -Web page that is hyperlinked to the homepage of -its -the -Internet Web -site: -site of the Legislative Analyst’s Office: -(a) State revenues. -(b) State expenditures. -(c) Unfunded state pension liability. -(d) Unfunded state retiree medical benefit liability. -(e) Unfunded infrastructure needs. -(f) Bond debt. -(g) Unrestricted net position. -8347.20. -On or before January 1 and July 1 of each year, the -____ -Legislative Analyst -shall update the -Internet -Web page required by Section 8347.10. -SEC. 3. -Section 88001 of the Government Code is amended to read: -88001. -The ballot pamphlet shall contain all of the following: -(a) A complete copy of each state measure. -(b) A copy of the specific constitutional or statutory provision, if any, that would be repealed or revised by each state measure. -(c) A copy of the arguments and rebuttals for and against each state measure. -(d) A copy of the analysis of each state measure. -(e) Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the ballot pamphlet easier to understand or more useful for the average voter. -(f) A notice, conspicuously printed on the cover of the ballot pamphlet, indicating that additional copies of the ballot pamphlet will be mailed by the county elections official upon request. -(g) A written explanation of the judicial retention procedure as required by Section 9083 of the Elections Code. -(h) The Voter Bill of Rights pursuant to Section 2300 of the Elections Code. -(i) If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state ballot pamphlet that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlet. -(j) If the ballot contains a question as to the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention. -(k) If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of State’s Internet Web site for information about candidates for the offices of President and Vice President of the United States. -(l) A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5 of the Elections Code. -(m) A written explanation of the top 10 contributor lists required by Section 84223, including a description of the Internet Web sites where those lists are available to the public. -(n) A copy of all the information posted on the -dedicated Internet -Web page -of -that is hyperlinked to -the -homepage of the -Internet Web site of the -____ -Legislative Analyst -’s Office -pursuant to the California Financial Transparency Act of 2016 (Chapter 5.3 (commencing with Section 8347) of Division 1 of Title 2). -SEC. 4. -The Legislature finds and declares that Section 3 of this act, amending Section 88001 of the Government Code, is an amendment of the Political Reform Act of 1974 that requires the inclusion of additional information on the ballot pamphlet in accordance with Section 88007 of the Government Code.","(1) Existing law requires a local agency, if it maintains an Internet Web site and is required to report specific financial information to the Controller, to post, in a conspicuous location on its Internet Web site, information on the annual compensation of its elected officials, officers, and employees. Existing law authorizes a local agency to meet this requirement by posting a link to the Controller’s Government Compensation in California Internet Web site in a conspicuous location on its Internet Web site. -This bill would establish the California Financial Transparency Act of 2016 and would require -____ [an entity of state government] -the Legislative Analyst -to create and maintain a dedicated -Internet -Web -page, -page that is -hyperlinked to the homepage of -its -the -Internet Web -site, -site of the Legislative Analyst’s Office -that lists specific state financial obligations. -(2) The Political Reform Act of 1974 and the Elections Code each require the Secretary of State to prepare a ballot pamphlet that contains specific information. -This bill would require the Secretary of State to include in a ballot pamphlet a copy of all the information posted on -a -the -dedicated -Internet -Web -page, -page that is -hyperlinked to the homepage of the Internet Web site of -an unspecified entity in state government, -the Legislative Analyst’s Office -pursuant to the California Financial Transparency Act of 2016. -(3) The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes with a -2/3 -vote of each house and compliance with specified procedural requirements. -The act also provides that, notwithstanding this vote requirement, the Legislature may amend specified provisions to add to the ballot pamphlet information regarding candidates or other information. -This bill, which would require additional information to be included in the ballot pamphlet, without making other changes to the act, would therefore require a majority vote.","An act to amend Section 9084 of the Elections Code, and to amend Section 88001 of, and to add Chapter 5.3 (commencing with Section 8347) to Division 1 of Title 2 of, the Government Code, relating to state government." -343,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 314 is added to the Code of Civil Procedure, immediately following Section 313, to read: -314. -(a) This section shall be known, and may be cited as, the Civility in Litigation Act. -(b) Notwithstanding any law, a person who claims to have been aggrieved by an alleged unlawful act or practice shall, before filing any legal action or pursuing legally mandated alternative dispute resolution, including mandatory arbitration, send a letter to the person or entity he or she alleges to have caused the harm that sets forth alleged facts in support of the grievance and any other information necessary to inform the person or entity of the alleged harm suffered. The letter shall be signed by the person who claims to have been aggrieved, or his or her representative. -(1) The letter shall be sent by certified mail to the last known address of the person or entity alleged to have engaged in the unlawful act or practice. -(2) The letter may, alternatively, be sent to an authorized representative of the person or entity that is alleged to have engaged in the unlawful act or practice. -(c) If the person or entity alleged to have engaged in the unlawful act or practice responds to the person who claims to have been aggrieved within 30 days after the letter specified in subdivision (b) is received, or delivery of the letter is attempted, the person claiming to have been aggrieved shall engage with the person or entity alleged to have engaged in the unlawful act or practice in good faith efforts to be made whole. -(d) If the person alleged to have engaged in an unlawful act or practice fails to respond to the letter within 30 days after the letter is received, or delivering of the letter is attempted, the person who claims to have been aggrieved may pursue other efforts to be made whole, including filing a complaint in a court of competent jurisdiction or alternative dispute resolution, including mandatory arbitration if applicable. -(e) The statute of limitations on a claim arising from the alleged unlawful act or practice subject to this section shall be tolled for a period of 30 days following the date of mailing as set forth in subdivision (a), plus any additional period of time during which the parties engage in negotiations under this section. -(f) If the person who claims to have been aggrieved files a complaint in a court of law, he or she shall attach to the complaint a copy of the letter sent pursuant to this section and proof of its mailing. If the person who claims to have been aggrieved knows that the letter he or she sent to the person or entity alleged to have engaged in the unlawful act or practice was not received, he or she shall disclose that information in the complaint, shall describe the good faith efforts he or she made to comply with this section, and shall include any information explaining whether and why the provisions of this section were not complied with. -(g) If a court, factfinder, or arbiter determines that the provisions of this subdivision were not complied with in good faith, that determination may be grounds for dismissing a claim that would otherwise be authorized. Because of the public policy encouraging resolution of disputes and a full and fair hearing on those disputes, if the court or other lawfully authorized factfinder dismisses a claim under this paragraph, he or she shall state in writing and with specificity why the case was dismissed and whether the case was dismissed with prejudice. If the alleged claims by an aggrieved party are not time barred, including the tolling of the limitation period as set forth in subdivision (e), the claims should be dismissed without prejudice to allow the aggrieved party to cure any alleged defects under this section. -(h) This section does not apply to a claim arising from matters related to, or violations of, the Family Code, Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code, the Penal Code, or the Probate Code. -(i) This section does not apply in the case of a true emergency in which court relief is required immediately under the terms and conditions required for injunctive relief pursuant to Section 526. -(j) Attempts to comply with this section by a person receiving a demand shall be construed to be an offer to compromise and shall be inadmissible as evidence pursuant to Section 1152 of the Evidence Code. Further, attempts to comply with a demand shall not be considered an admission of engaging in an unlawful act or practice. Evidence of compliance or attempts to comply with this section may be introduced by a defendant solely for the purpose of establishing good faith or to show compliance with this section. -(k) As used in this section, “authorized representative” means any person designated in writing by the person or entity alleged to have engaged in an unlawful act or practice to be his or her representative, and includes attorneys, representatives of an insurance company, or any other person who is authorized to resolve disputes on behalf of the person or entity alleged to have engaged in an unlawful act or practice with binding authority to resolve a dispute.","Existing law states the time and procedure for commencement of civil actions. -This bill would require a person who claims to have been aggrieved by an alleged unlawful act or practice, to send a letter to the person or entity he or she alleges to have caused the harm that sets forth alleged facts in support of the grievance and any other information necessary to inform the person or entity of the alleged harm suffered, prior to filing any legal action or pursuing legally mandated alternative dispute resolution, as specified. The bill would require the person who claims to have been aggrieved to engage with that person or entity in good faith efforts to be made whole, if, during the 30-day period following the date on which the letter was received there is a response from the person or entity that is alleged to have engaged in the unlawful act or practice. -The bill would toll the statute of limitations on a claim arising from the alleged unlawful act or practice for the 30-day period, including the following period of negotiations, if any. If, after that 30-day period there is no response, the bill would authorize the person who claims to have been aggrieved to pursue other efforts to be made whole, including filing a claim in a court of competent jurisdiction or alternative dispute resolution. The bill would require that if the person who claims to have been aggrieved files a complaint in a court of law, he or she shall describe in the complaint the good faith efforts he or she made to comply with these provisions or attach a copy of the letter sent pursuant to this section and proof of its mailing to the complaint. -The bill would also authorize a court, factfinder, or arbiter, if it determines that these provisions were not complied with in good faith, to dismiss a claim that is otherwise authorized, in which case it would be required to state in writing and with specificity why the case was dismissed, and whether or not the case is dismissed with or without prejudice.","An act to add Section 314 to the Code of Civil Procedure, relating to civil law." -344,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6060.1.5 is added to the Business and Professions Code, to read: -6060.1.5. -(a) In addition to satisfying the requirements in Section 6060, irrespective of the manner or law school in which an applicant acquires his or her legal education, an applicant for admission and a license to practice shall complete at least 50 hours of pro bono legal service prior to admission. The purpose of this pro bono legal service requirement is to supplement the applicant’s legal education with practical legal work experience and expose the applicant to the professional value of pro bono legal service for the public good. -(b) All qualifying pro bono legal service shall be performed under the supervision of one of the following: -(1) A member of a law school faculty, including part-time faculty, or an instructor employed by a law school. -(2) A person with the appropriate licensing to represent the client before the relevant judicial body or government agency, which includes, but is not limited to, an active licensed attorney in good standing. -(3) An active licensed attorney in good standing. -(c) For the purposes of this section, the following definitions shall apply: -(1) “Pro bono legal service” means work without compensation from the client who receives the legal service that is designed to benefit the public interest or persons who are indigent or of modest means for one of the individuals, organizations, or programs listed in subdivision (d) that is for one of the following purposes: -(A) To secure or promote access to justice, including, but not limited to, the protection of civil rights, civil liberties, or public rights. -(B) To address the economic, health, and social needs of persons who are indigent or of modest means. -(C) To further the purpose of a charitable, civic, community, governmental, or educational organization where payment of the market rate for legal fees would significantly deplete the organization’s resources or would otherwise be inappropriate. -(2) “Modest means” means low income, very low income, or extremely low income under the official state income limits established by the Department of Housing and Community Development under Section 50093 of the Health and Safety Code or under comparable official state income limits in another United States jurisdiction. -(3) “Attorney incubator program” means a postgraduate training program that teaches attorneys how to form, develop, and sustain law firms. -(d) Pro bono legal service shall be performed with or for any of the following: -(1) A “legal aid organization,” as defined by Section 6159.51, or a qualified legal services project or a qualified support center, as defined in Section 6213. -(2) A nonprofit organization. -(3) A charitable, civic, community, governmental, or educational organization. -(4) An externship, law school clinic or other placement approved for credit hours by a law school, or law school-sponsored project, in which the applicant is assigned work that otherwise meets the criteria of this section. -(5) A law firm, including a solo practitioner, or other legal services provider where the applicant is assigned work that otherwise meets the criteria of this section. -(6) A State Bar-certified lawyer referral and information services panel that provides legal services to the indigent or persons of modest means without charge or for less than market rate. -(7) An attorney incubator program or nonprofit law corporation affiliated with a law school or bar association that provides legal services to the indigent or persons of modest means without charge or for less than market rate. -(e) Nothing in this section prohibits an applicant from receiving compensation, including, but not limited to, a salary, for performing pro bono legal service that is paid by a person or entity other than the client who receives the pro bono legal service. -(f) Subject to subdivision (b), the 50 hours of pro bono legal service, or any portion thereof, may be completed in any state or territory of the United States, the District of Columbia, or any foreign country. -(g) The 50 hours of pro bono legal service shall be provided after the commencement of the applicant’s legal studies, and prior to admission. -(h) (1) Upon completion of the pro bono legal service requirement, an applicant shall complete a form describing the nature and dates of pro bono legal service and the number of hours completed and submit the form to the State Bar. Both the applicant and the supervising attorney or active judge shall sign the form. The State Bar shall adopt rules for its retention of the certification forms. -(2) The State Bar may create the form upon which the applicant can report completion of pro bono legal service. -(i) No applicant may satisfy any part of the 50-hour requirement by participating in any partisan political activities. -(j) The requirements of this section do not apply to: -(1) An applicant who is already admitted to practice in any state, territory, or foreign jurisdiction. -(2) An applicant who has earned a J.D. or its equivalent in a foreign jurisdiction and is qualified to practice without a separate admission process in that jurisdiction. -(3) An applicant qualifying for admission by completion of an LL.M. degree program. -(k) (1) Each law school shall publicly disclose on its Internet Web site through a link from the Internet Web site homepage of the law school under “Pro Bono Legal Service Requirement for Law Students,” all of the following information: -(A) A description of the requirements of this section. -(B) Links to programs available to students at the school and in the local community that provide opportunities for pro bono legal service and allow students to comply with the requirements of this section. -(C) To the extent practicable, information about times and dates when the programs are open or available to students that have been provided to the law school by the pro bono legal service program. -(2) Each law school shall provide an initial link to the above information to the State Bar no later than January 1, 2018, and shall maintain updated links to qualifying school and community programs on an annual basis. -(l) The State Bar shall publicly disclose on its Internet Web site, with a link from the “Future Lawyers” or “Admissions” Internet Web page of the State Bar under “Pro Bono Legal Service Requirement for Law Students,” all of the following information: -(1) A description of the requirements of this section. -(2) A link to the information described in paragraph (1) of subdivision (k) for each law school in the state that provides its link to that information to the State Bar pursuant to paragraph (2) of subdivision (k). -(m) Pursuant to rules adopted under subdivision (g), the State Bar shall randomly audit the compliance documentation applicants submit to ensure its consistency with the criteria in paragraph (1) of subdivision (c). This section shall not require the State Bar to audit or investigate any service providers for which work was done by an applicant or to evaluate the substance of any work that was done by an applicant. -(n) The requirements of this section shall apply to all applicants who enter law school on or after January 1, 2018.","Existing law, the State Bar Act, requires an applicant for admission and a license to practice law, to meet certain requirements, including, but not limited to, having completed certain legal education in a law school, law office, or judge’s chambers, passed an examination in professional responsibility, and passed the general bar examination. Existing law prohibits a person from practicing law in this state unless he or she is an active member of the State Bar. -This bill would additionally require an applicant, prior to admission, to complete at least 50 hours of supervised pro bono legal service, as specified, in order to supplement the applicant’s legal education with practical legal work experience. Upon completion of the pro bono legal service requirement, the bill would require an applicant and the supervisor, as defined, to complete and sign a form confirming completion of the pro bono service. The bill would require the State Bar to adopt rules for the retention of the certification forms. The bill would authorize the State Bar to create the form upon which an applicant can report completion of pro bono service. The bill would require the State Bar to randomly audit submitted forms to ensure compliance with these provisions. The bill would provide that these provisions apply to all applicants who enter law school on or after January 1, 2018.","An act to add Section 6060.1.5 to the Business and Professions Code, relating to the State Bar Act." -345,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) There are over 7,500 public water systems in California. The vast majority of these systems provide a reliable supply of safe drinking water. However, there are hundreds of smaller public water systems that consistently fail to provide a reliable supply of safe drinking water to their customers. Many failing public water systems were created without the necessary technical, managerial, or financial capacity to be sustainable in the long term in view of water supply uncertainties. These uncertainties can be created by effects on water quality and quantity, global climate change, migration of groundwater contamination, the establishment of new drinking water standards, and other factors that are known to significantly erode a system’s capacity. -(b) Failing public water systems disproportionately affect disadvantaged communities who are least able to afford to address the conditions that led to the failure. -(c) The proliferation of new, unsustainable public water systems also may undermine the state’s human right to water policy. -(d) Therefore, it is the policy of the state to discourage the establishment of new, unsustainable public water systems when there is a feasible alternative. -SEC. 2. -Section 116527 is added to the Health and Safety Code, to read: -116527. -(a) As used in this section, “water-related improvement” includes, but is not limited to, a water pipe, a water pump, or drinking water infrastructure. -(b) (1) Before a person submits an application for a permit for a proposed new public water system, the person shall first submit a preliminary technical report to the state board at least six months before initiating construction of any water-related improvement. -(2) In order to assist in expediting the permitting process, a person that is considering submitting an application for a permit for a proposed new public water system is encouraged, but is not required, to submit the preliminary technical report no later than seven days after submission of an application to the city or county for a building permit for any water-related improvement. -(3) For a proposed new public water system that would be regulated by a local primacy agency, the applicant shall also submit a copy of the preliminary technical report to the state board. -(c) The preliminary technical report shall include all of the following: -(1) The name of each public water system for which any service area boundary is within three miles, as measured through existing public rights-of-way, of any boundary of the applicant’s proposed public water system’s service area. -(2) A discussion of the feasibility of each of the adjacent public water systems identified pursuant to paragraph (1) annexing, connecting, or otherwise supplying domestic water to the applicant’s proposed new public water system’s service area. The applicant shall consult with each adjacent public water system in preparing the report and shall include in the report any information provided by each adjacent public water system regarding the feasibility of annexing, connecting, or otherwise supplying domestic water to that service area. -(3) A discussion of all actions taken by the applicant to secure a supply of domestic water from an existing public water system for the proposed new public water system’s service area. -(4) All sources of domestic water supply for the proposed new public water system. -(5) The estimated cost to construct, operate, and maintain the proposed new public water system, including long-term operation and maintenance costs and a potential rate structure. -(6) A comparison of the costs associated with the construction, operation and maintenance, and long-term sustainability of the proposed new public water system to the costs associated with providing water to the proposed new public water system’s service area through annexation by, consolidation with, or connection to an existing public water system. -(7) A discussion of all actions taken by the applicant to pursue a contract for managerial or operational oversight from an existing public water system. -(8) An analysis of whether a proposed new public water system’s total projected water supplies available during normal, single dry, or multiple dry water years during a 20-year projection will meet the projected water demand for the service area. -(9) Any information provided by the local agency formation commission. The applicant shall consult with the local agency formation commission if any adjacent public water system identified pursuant to paragraph (1) is a local agency as defined by Section 56054 of the Government Code. -(d) (1) If documents prepared to comply with Division 13 (commencing with Section 21000) of the Public Resources Code or any other application for public agency approval concerning providing drinking water to the proposed new public water system’s service area include the information required by subdivision (c), including documentation of the consultation with each adjacent public water system and the local agency formation commission, the applicant may submit those documents to the state board in lieu of the preliminary technical report and the documents shall be considered the functional equivalent of the preliminary technical report. -(2) If documents prepared to comply with Division 13 (commencing with Section 21000) of the Public Resources Code or any other application for public agency approval concerning providing drinking water to the proposed new public water system’s service area include some, but not all, of the information required by subdivision (c), including documentation of the consultation with an adjacent public water system and the local agency formation commission, the applicant shall submit those documents and the preliminary technical report to the state board and together those documents and the preliminary technical report shall be considered the functional equivalent of the preliminary technical report requirements of this section. A preliminary technical report submitted pursuant to this paragraph shall only be required to include information that is not otherwise addressed by the other submitted documents. -(e) Upon review of a preliminary technical report submitted pursuant to this section, the state board may do all of the following actions: -(1) If an existing public water system has not already sought annexation of the service area of a proposed new public water system from the local agency formation commission or the applicant has not already sought an extension of services agreement from an existing public water system, direct the applicant to undertake additional discussion and negotiation with the local agency formation commission and any existing public water system meeting the requirements of paragraph (1) of subdivision (c) that the state board determines has the technical, managerial, and financial capacity to provide an adequate and reliable supply of domestic water to the service area of the proposed new public water system. The state board shall not direct the applicant to undertake additional discussion and negotiation if documentation submitted to the state board demonstrates that additional discussion and negotiation is unlikely to be successful, including, but not limited to, documentation that the local agency formation commission has previously denied the application for an extension of service or annexation, or that the existing public water system has declined to apply to the local agency formation commission for approval of an extension of services to, or annexation of, the service area of the proposed new public water system. -(2) Direct the applicant to report on the results of discussion and negotiations conducted pursuant to paragraph (1) to the state board. -(3) Establish a time schedule for the applicant’s performance of directives issued pursuant to this subdivision. -(f) (1) An applicant shall comply with the state board’s directives as assigned in and consistent with subdivision (e) before submitting an application for a permit for a proposed new public water system under this chapter. -(2) An application for a permit for a proposed new public water system under this chapter shall not be deemed complete unless the applicant has complied with the requirements of this section. -(g) The state board’s review of a preliminary technical report pursuant to this section shall not be deemed a project or approval of a permit application submitted under this chapter. -(h) The requirements of this section do not apply to either of the following: -(1) An application for a permit for a new public water system that was deemed complete prior to January 1, 2017, pursuant to the statutory permit application requirements effective at the date of the permit submission. -(2) An extension of, or annexation to, an existing public water system. -(i) (1) The requirements of this section do not apply to a service area where an applicant certifies in writing to the state board that the applicant will not rely on the establishment of a new public water system for its water supply. The state board shall acknowledge receipt of the applicant’s certification in a timely manner. -(2) An applicant who certifies that the service area will not rely on the establishment of a new public water system and later seeks a permit for a new public water system shall comply with the provisions of this section and shall assume all risk of delay or rejection related to the permit application. -(j) (1) The provisions of this subdivision apply to a proposed new public water system that achieves either or both of the following: -(A) Consolidates two or more existing public water systems, existing state small water systems, or other existing water systems, which results in the creation of a new public water system. -(B) Provides water service in lieu of individual domestic wells. -(2) At least six months before the construction of any water-related improvements, an applicant for a new public water system that meets the criteria in paragraph (1) shall provide a written notice to the state board that does both of the following: -(A) Clearly describes the proposed new public water system and how it meets the criteria in paragraph (1). -(B) Requests an exemption from the requirements of this section. -(3) The state board shall promptly acknowledge receipt of a written notice described in paragraph (2). The state board shall have 30 days from the acknowledgment of receipt of the written notice to issue a written notice to the applicant that compliance with the requirements of this section is necessary and that an application for a permit of a new public water system under this chapter is not complete until the applicant has complied with the requirements of this section. A determination by the state board that compliance with the requirements of this section is necessary shall be final and is not subject to review by the state board. A determination by the state board pursuant to this subdivision is not considered a project subject to Division 13 (commencing with Section 21000) of the Public Resources Code. -(4) If the state board receives a written notice from a project applicant that satisfies the requirements of paragraph (2), the project described in the notice is deemed exempt from the requirements of this section on the 35th day following the date of the state board’s acknowledgment of receipt of the written notice, unless the state board has issued a notice to comply pursuant to paragraph (3). -SEC. 3. -Section 116540 of the Health and Safety Code is amended to read: -116540. -(a) Following completion of the investigation and satisfaction of the requirements of paragraphs (1) and (2), the state board shall issue or deny the permit. The state board may impose permit conditions, requirements for system improvements, technical, financial, or managerial requirements, and time schedules as it deems necessary to ensure a reliable and adequate supply of water at all times that is pure, wholesome, potable, and does not endanger the health of consumers. -(1) A public water system that was not in existence on January 1, 1998, shall not be granted a permit unless the public water system demonstrates to the state board that the water supplier possesses adequate financial, managerial, and technical capability to ensure the delivery of pure, wholesome, and potable drinking water. This section shall also apply to any change of ownership of a public water system. -(2) A permit under this chapter shall not be issued to an association organized under Title 3 (commencing with Section 18000) of the Corporations Code. This section shall not apply to unincorporated associations that, as of December 31, 1990, are holders of a permit issued under this chapter. -(b) Notwithstanding Section 116330, a local primacy agency shall not issue a permit under this article without the concurrence of the state board. -(c) In considering whether to approve a proposed new public water system, the state board shall consider the sustainability of the proposed new public water system and its water supply in the reasonably foreseeable future, in view of global climate change, potential migration of groundwater contamination and other potential treatment needs, and other factors that can significantly erode a system’s capacity. -(d) If the state board determines that it is feasible for the service area of the public water system addressed by an application under this article to be served by one or more permitted public water systems identified pursuant to paragraph (1) of subdivision (c) of Section 116527, the state board may deny the permit of a proposed new public water system if it determines, based on its assessment of the preliminary technical report submitted pursuant to Section 116527, the permit application, and other relevant, substantial evidence submitted, that it is reasonably foreseeable that the proposed new public water system will be unable to provide affordable, safe drinking water in the reasonably foreseeable future. -(e) An applicant may appeal decisions and actions of the deputy director taken pursuant to this section to the state board. -SEC. 4. -Section 106.4 is added to the Water Code, to read: -106.4. -(a) For the purposes of this section: -(1) “Bottled water” has the same meaning as defined in Section 111070 of the Health and Safety Code. -(2) “Residential development” has the same meaning as defined in Section 65008 of the Government Code. -(3) “Retail water facility” has the same meaning as defined in Section 111070 of the Health and Safety Code. -(4) “Water-vending machine” has the same meaning as defined in Section 111070 of the Health and Safety Code. -(5) “Water hauler” has the same meaning as defined in Section 111070 of the Health and Safety Code. -(b) A city, including a charter city, or a county shall not issue a building permit for the construction of a new residential development where a source of water supply is water transported by a water hauler, bottled water, a water-vending machine, or a retail water facility. -(c) This section does not apply to a residence that will be rebuilt because of a natural disaster. -(d) The Legislature finds and declares that this section addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law, the California Safe Drinking Water Act, imposes on the State Water Resources Control Board various responsibilities and duties relating to providing a dependable, safe supply of drinking water. The act prohibits a person from operating a public water system unless he or she first submits an application, including a technical report, to the state board and receives a permit, as specified. The act requires the state board, upon determination that the application is complete, to make a specified investigation, and allows the state board to impose permit conditions, requirements for system improvements, and time schedules as the state board deems necessary to ensure an affordable, reliable, and adequate supply of water at all times that is pure, wholesome, and potable. The act provides that a person who knowingly makes a false statement or representation in a report submitted, maintained, or used for purposes of compliance with the act may be punished as a misdemeanor. -This bill would require a person submitting an application for a permit for a proposed new public water system to first submit a preliminary technical report to the state board at least 6 months before initiating construction of any water-related improvement, as defined. Because a misstatement in the report could be a crime under the provision described above, this bill would impose a state-mandated local program by expanding the scope of a crime. The bill would allow the state board to direct the applicant to undertake additional discussion and negotiation with certain existing public water systems the state board determines have the technical, managerial, and financial capacity to provide an adequate and reliable supply of domestic water to the service area of the proposed new public water system, as specified, and would require an applicant to comply before submitting an application for a permit to operate a system and would prohibit the application from being deemed complete unless the applicant has complied. The bill would, if the state board determines that it is feasible for the service area of the public water system addressed by the application to be served by one or more currently permitted public water systems, authorize the state board to deny the permit of a proposed new public water system if it determines that it is reasonably foreseeable that the proposed new public water system will be unable to provide affordable, safe drinking water in the reasonably foreseeable future, as prescribed. -(2) Existing law allows the state board to delegate primary responsibility for the administration and enforcement of the act within a county to a local health officer if certain criteria are met. Existing law requires that the local primacy agency be empowered with all of the authority granted to the state board over the specified public water systems. -This bill would prohibit a local primacy agency from issuing a permit to operate a public water system without the concurrence of the state board. The bill would require, for a proposed new public water system that would be regulated by a local primacy agency, the applicant to also submit a copy of the preliminary technical report to the state board. -(3) Existing law declares the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. Existing law requires a city or county that determines a project, as defined, is subject to the California Environmental Quality Act to identify certain water systems that may supply water for the project and to request those public water systems to prepare and approve a specified water supply assessment. Under existing law, if no public water system is identified, the city or county is required to prepare and approve the water supply assessment. Existing law provides that if, as a result of its assessment, the public water system or city or county concludes that its water supplies are, or will be, insufficient, the public water system or city or county is required to provide its plans for acquiring additional water supplies, as prescribed. -This bill would prohibit a city, including a charter city, or a county from issuing a building permit for the construction of a new residential development where a source of the water supply is water transported by a water hauler, bottled water, a water-vending machine, or a retail water facility, as specified. By imposing new duties on a city or county in connection with the issuance of a building permit, the bill would impose a state-mandated local program. -(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for specified reasons.","An act to amend Section 116540 of, and to add Section 116527 to, the Health and Safety Code, and to add Section 106.4 to the Water Code, relating to drinking water." -346,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 667.1 of the Penal Code is amended to read: -667.1. -Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after -November 7, 2012, -January 1, 2017, -all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they existed on -November 7, 2012. -January 1, 2017. -SEC. 2. -Section 667.5 of the Penal Code is amended to read: -667.5. -Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows: -(a) -Where -If -one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant -where -if -the prior offense was one of the violent felonies specified in subdivision (c). However, no additional term shall be imposed under this subdivision for any prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense which results in a felony conviction. -(b) Except -where -if -subdivision (a) applies, -where -if -the new offense is any felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term or county jail term imposed under subdivision (h) of Section 1170 or -when -if the -sentence is not suspended for any -felony; provided that no -felony. An -additional term shall -not -be imposed under this subdivision for any prison term or county jail term imposed under subdivision (h) of Section 1170 or -when -if the -sentence is not suspended prior to a period of five years in which the defendant remained free of both the commission of an offense which results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any felony sentence that is not suspended. A term imposed under the provisions of paragraph (5) of subdivision (h) of Section 1170, wherein a portion of the term is suspended by the court to allow mandatory supervision, shall qualify as a prior county jail term for the purposes of the one-year enhancement. -(c) For the purpose of this section, “violent felony” shall mean any of the following: -(1) Murder or voluntary manslaughter. -(2) Mayhem. -(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262. -(4) Sodomy as defined in subdivision (c) or (d) of Section 286. -(5) Oral copulation as defined in subdivision (c) or (d) of Section 288a. -(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288. -(7) Any felony punishable by death or imprisonment in the state prison for life. -(8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55. -(9) Any robbery. -(10) Arson, in violation of subdivision (a) or (b) of Section 451. -(11) Sexual penetration as defined in subdivision (a) or (j) of Section 289. -(12) Attempted murder. -(13) A violation of Section 18745, 18750, or 18755. -(14) Kidnapping. -(15) Assault with the intent to commit a specified felony, in violation of Section 220. -(16) Continuous sexual abuse of a child, in violation of Section 288.5. -(17) Carjacking, as defined in subdivision (a) of Section 215. -(18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. -(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22. -(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22. -(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary. -(22) Any violation of Section 12022.53. -(23) A violation of subdivision (b) or (c) of Section 11418. The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society’s condemnation for these extraordinary crimes of violence against the person. -(24) Human trafficking, in violation of Section 236.1. -(d) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense. -(e) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170. -(f) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction. -(g) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole which is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration. -(h) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement. -(i) For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term. -(j) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison. -(k) (1) Notwithstanding subdivisions (d) and (g) or any other provision of law, where one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section. -(2) This subdivision -shall -does -not apply -when -if -a full, separate, and consecutive term is imposed pursuant to any other provision of law. -SEC. 3. -Section 1170.125 of the Penal Code is amended to read: -1170.125. -Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, General Election, for all offenses committed on or after -November 7, 2012, -January 1, 2017, -all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they existed on -November 7, 2012. -January 1, 2017. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SECTION 1. -Section 600 of the -Harbors and Navigation Code -is amended to read: -600. -As used in this chapter: -(a)“Watercraft” means any boat, ship, barge, craft or floating thing designed for navigation in the water. -(b)“Nonresident” means a person who is not a resident of this state at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him, and also means a person who, at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him is a resident of this state but subsequently becomes a nonresident of this state.","Existing law, as amended by Proposition 21 as approved by the voters at the March 7, 2000, statewide primary election and by Proposition 83 of the November 7, 2006, statewide general election, classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law imposes an additional one-year term for a felony and a 3-year term for a violent felony for each prior separate prison term served for a violent felony. Existing law, as added by Proposition 184, adopted November 8, 1994, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, also imposes additional years of imprisonment in state prison on a person who commits a violent felony and has been convicted of, or who has a prior conviction for, a violent felony. The Legislature may amend the above-specified initiative statutes by a statute passed in each house by a -2/3 -vote. -This bill would additionally define human trafficking as a violent felony subject to the enhanced term of imprisonment. -Because this bill would increase penalties for a violation of human trafficking crimes, it would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -Existing law regulates the operation of watercraft, as defined, in the waterways of the state. Existing law defines a “watercraft” for purposes of those provisions to mean any boat, ship, barge, craft, or floating thing designed for navigation in the water. -This bill would make nonsubstantive changes in that definition of watercraft.","An act to amend Section 600 of the Harbors and Navigation Code, relating to vessels. -An act to amend Sections 667.1, 667.5, and 1170.125 of the Penal Code, relating to violent felonies." -347,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) There is an urgent and crucial need for mental health crisis stabilization services in California. -(2) In 2004, the California electorate approved Proposition 63, the Mental Health Services Act, to address serious mental illness among adults, children, and seniors, including the provision of prevention and early intervention services. -(3) Currently, there are counties using Mental Health Services Act (MHSA) moneys for crisis stabilization services, and other counties that are not. Some counties not using MHSA moneys for crisis stabilization services have expressed the need for clarification of state law that the colocation of voluntary and involuntary services at facilities providing crisis stabilization services does not preclude the use of MHSA moneys. -(b) The Legislature finds and declares that this act clarifies that counties may use funds provided under the Mental Health Services Act to provide -services to individuals who are voluntarily receiving services at facilities at which individuals who are receiving services involuntarily are also treated. -voluntary services to individuals who are receiving services at facilities in which involuntary services are also provided. -SEC. 2. -Section 5813.5 of the Welfare and Institutions Code is amended to read: -5813.5. -Subject to the availability of funds from the Mental Health Services Fund, the state shall distribute funds for the provision of services under Sections 5801, 5802, and 5806 to county mental health programs. Services shall be available to adults and seniors with severe illnesses who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. For purposes of this act, “seniors” means older adult persons identified in Part 3 (commencing with Section 5800) of this division. -(a) Funding shall be provided at sufficient levels to ensure that counties can provide each adult and senior served pursuant to this part with the medically necessary mental health services, medications, and supportive services set forth in the applicable treatment plan. -(b) The funding shall only cover the portions of those costs of services that cannot be paid for with other funds including other mental health funds, public and private insurance, and other local, state, and federal funds. -(c) Each county mental health program’s plan shall provide for services in accordance with the system of care for adults and seniors who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. -(d) Planning for services shall be consistent with the philosophy, principles, and practices of the -Recovery Vision -recovery vision -for mental health consumers: -(1) To promote concepts key to the recovery for individuals who have mental illness: hope, personal empowerment, respect, social connections, self-responsibility, and self-determination. -(2) To promote consumer-operated services as a way to support recovery. -(3) To reflect the cultural, ethnic, and racial diversity of mental health consumers. -(4) To plan for each consumer’s individual needs. -(e) The plan for each county mental health program shall indicate, subject to the availability of funds as determined by Part 4.5 (commencing with Section 5890), and other funds available for mental health services, adults and seniors with a severe mental illness being served by this program are either receiving services from this program or have a mental illness that is not sufficiently severe to require the level of services required of this program. -(f) Each county plan and annual update pursuant to Section 5847 shall consider ways to provide services similar to those established pursuant to the Mentally Ill Offender Crime Reduction Grant Program. Funds shall not be used to pay for persons incarcerated in state prison or parolees from state prisons. -(1) When included in county plans pursuant to Section 5847, funds may be used for the provision of mental health services under Sections 5347 and 5348 in counties that elect to participate in the Assisted Outpatient Treatment Demonstration Project Act of 2002 (Article 9 (commencing with Section 5345) of Chapter 2 of Part 1). -(2) When included in county plans pursuant to Section 5847, funds may be used for the provision of -voluntary -outpatient crisis stabilization services to -individuals who are voluntarily receiving those services, even when facilities colocate services to -individuals, even when -individuals who are receiving -services involuntarily -involuntary services -are treated at the same facility. -This paragraph is not intended to require or authorize the displacement of employees covered under a collective bargaining agreement governed by the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code) who perform services described in this paragraph. -(g) The department shall contract for services with county mental health programs pursuant to Section 5897. After the effective date of this section, the term grants referred to in Sections 5814 and 5814.5 shall refer to such contracts.","Existing law contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services, as specified. -The act establishes the Mental Health Services Fund, -which is -continuously appropriated -to -to, -and administered -by -by, -the State Department of Health Care Services, to fund specified county mental health programs, including programs funded under the Adult and Older Adult Mental Health System of Care Act. Existing law prohibits these funds from being used to pay for persons incarcerated in state prison or parolees from state prisons. -This bill would clarify that the counties may use Mental Health Services Fund moneys to provide -voluntary -outpatient crisis stabilization services to -individuals who are voluntarily receiving those services, -individuals, -even when individuals who are receiving -involuntary -services -involuntarily -are treated at the same facility. Because the bill would clarify the procedures and terms of Proposition 63, it would require a majority vote of the Legislature.","An act to amend Section 5813.5 of the Welfare and Institutions Code, relating to mental health." -348,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 23826.13 is added to the Business and Professions Code, to read: -23826.13. -(a) Notwithstanding any other provision of this chapter, in any county of the sixth class, the department may issue no more than a total of five new original neighborhood-restricted special on-sale general licenses to premises located in any of the census tracts listed in subdivision (b) beginning on January 1, 2017. -(b) To qualify for a license issued pursuant to this section, the premises for which the license would apply shall be located within one of the following United States Bureau of Census census tracts located within the City and County of San Francisco: -(1) United States Bureau of the Census census tracts 612000, 232000, 234000, 233000, or 230030. -(2) United States Bureau of the Census census tracts 258000 or 257020. -(3) United States Bureau of the Census census tract 264030. -(4) United States Bureau of the Census census tracts 255000, 256000, 260020, 260010, 260040, 261000, or 263010. -(5) United States Bureau of the Census census tracts 309000, 310000, or 312010. -(6) United States Bureau of the Census census tracts 330000, 329010, 328010, 353000, or 354000. -(7) United States Bureau of the Census census tracts 328020, 329020, 351000, or 352010. -(c) In issuing the licenses pursuant to this section, the department shall follow the procedure set forth in Section 23961. A license shall not be issued pursuant to this section to an applicant until any existing on-sale licenses issued to the applicant for the same premises are canceled. -(d) (1) A person who currently holds an on-sale general license for a premises shall not apply for a license issued pursuant to this section for that licensed premises. -(2) In addition to the other requirements of this section, an application for a neighborhood-restricted on-sale general license shall be subject to all the requirements that apply to an on-sale general license for a bona fide eating place. -(3) Prior to submitting an application for a license issued pursuant to this section, the applicant shall conduct a minimum of one preapplication meeting to discuss the application with neighbors and members of the community within the census tract in which the premises are located. -(A) The applicant shall hold the meeting either on the premises or at an alternate location within a one-mile radius of the premises. -(B) The applicant shall mail notification of the preapplication meeting to all of the following individuals and organizations at least 14 calendar days before the meeting: -(i) Each resident within a 500-foot radius of the premises for which the license is to be issued. -(ii) Any relevant neighborhood associations for the neighborhood in which the premises is located, as identified on a list maintained by the Planning Department of the City and County of San Francisco. -(iii) The Chief of Police for the San Francisco Police Department. -(C) Applicants for a neighborhood-restricted special on-sale general license shall submit, on a form provided by the department, signed verification by the local government body that states the applicant has completed the preapplication meeting pursuant to this section. -(e) (1) A license issued pursuant to this section shall not be transferred between counties. -(2) A license issued pursuant to this section shall not be transferred to any other premises. This provision shall not apply to any licensee whose premises have been destroyed as a result of fire or any act of God or other force beyond the control of the licensee, for whom the provisions of Section 24081 shall apply. -(3) A license issued pursuant to this section shall not be transferred to any person, partnership, limited partnership, limited liability company, or corporation. This provision shall not apply to licenses transferred under Section 24071, 24071.1, or 24071.2. -(f) Upon the cancellation of any license issued pursuant to this section, the license shall be returned to the department for issuance to a new applicant following the procedure set forth in Section 23961 and the provisions of this section. -(g) A person that holds a neighborhood-restricted special on-sale general license issued pursuant to this section shall not exchange his or her license for an on-sale license for public premises. -(h) Except as specified herein, a neighborhood-restricted special on-sale general license may exercise all of the privileges, and is subject to all the restrictions, of an on-sale general license for a bona fide eating place. -(i) A neighborhood-restricted special on-sale general license issued pursuant to this section shall not, with respect to beer and wine, authorize the exercise of the rights and privileges granted by an off-sale beer and wine license. -(j) (1) The original and annual fees, and any additional fees and surcharges, shall be the same as those imposed upon an on-sale general license for a bona fide eating place. -(2) All moneys collected from the fees imposed pursuant to this section shall be deposited in the Alcohol Beverage Control Fund, pursuant to Section 25761. -(k) The department shall adopt rules and regulations to enforce the provisions of this section. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique distribution and market conditions of liquor licenses in the City and County of San Francisco, that apply only to the City and County of San Francisco. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other provisions of law.","The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act also provides for a limitation on the amount of on-sale general licenses that may be issued by the department based on the population of the county in which the licensed premises are located, as provided. Existing law also provides for various annual fees for the issuance of alcoholic beverage licenses, depending on the type of license issued. -This bill would, beginning January 1, 2017, provide an exception to the license limitation for a county of the 6th class, as specified, for 5 new original neighborhood-restricted special on-sale general licenses for premises located within specified census tracts in that county, subject to specified requirements. This bill would impose an original fee and annual renewal fee for the license, which would be deposited in the Alcohol Beverage Control Fund, and would require an applicant for this license to submit a specified application, submitted under the penalty of perjury, to the Department of Alcoholic Beverage Control. This bill would also require the applicant to submit a signed verification by the local government in which the licensed premises would be located stating that the applicant has completed certain preapplication requirements. -By requiring an applicant to submit an application under penalty of perjury, thereby expanding the crime of perjury, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason and that no reimbursement shall be made pursuant to those statutory provisions for costs mandated by the state pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek reimbursement for these costs. -This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.","An act to add Section 23826.13 to the Business and Professions Code, relating to alcoholic beverages." -349,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares the following: -(a) In keeping with its obligation to safeguard the humane and just treatment of all individuals located in California, it is the intent of the Legislature that this bill declare the state’s intolerance to profiting from the incarceration of Californians held in immigration detention and its desire to ensure the just and humane treatment of our most vulnerable populations. -(b) It is the further intent of the Legislature to ensure the uniform treatment of individuals detained within immigration detention facilities, operating in California, in a manner that meets or exceeds the federal national standards and other applicable legal requirements. -SEC. 2. -Section 1670.9 is added to the Civil Code, to read: -1670.9. -(a) A city, county, city and county, or a local law enforcement agency shall not enter into or renew a contract, or modify a contract to extend the length of the contract, with a private corporation, contractor, or vendor to detain immigrants in civil immigration proceedings for profit. This subdivision shall become operative on January 1, 2018. -(b) If a city, county, city and county, or a local law enforcement agency chooses to enter into a contract, renews a contract, or modifies a contract to extend the length of the contract, to detain immigrants in civil immigration proceedings, it shall detain immigrants only pursuant to a contract that requires the immigration detention facility operator to adhere to the standards for detaining those individuals described in the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013 and ICE Directive 11065.1 (Review of the Use of Segregation for ICE Detainees). -(c) Any facility that detains an immigrant pursuant to a contract with a city, county, city and county, or a local law enforcement agency is subject to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). -(d) An immigration detention facility operator, an agent of an immigration detention facility, or a person acting on behalf of an immigration detention facility, shall not deprive any immigrant detainee in civil immigration proceedings access to an attorney or any other person authorized by the Board of Immigration Appeals under Section 292.2 of Title 8 of the Code of Federal Regulations, access to a translator or interpretation services, medical care, freedom from harm or harassment, or privacy. -(e) An immigrant detainee shall not be involuntarily placed in segregated housing in an immigration detention facility because of his or her actual or perceived gender, gender identity, gender expression, or sexual orientation, as defined in Section 422.56 of the Penal Code. Transgender and gender nonconforming immigrant detainees shall be given the option to choose a housing placement consistent with their gender identity. -(f) Nothing in this section shall prohibit an immigration detention facility operator from exceeding the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013 or ICE Directive 11065.1 (Review of the Use of Segregation for ICE Detainees). -(g) If an immigration detention facility operator, or agent of an immigration detention facility, or person acting on behalf of an immigration detention facility, violates subdivision (d) or (e), or the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013, or ICE Directive 11065.1 (Review of Use of Segregation for ICE Detainees), the Attorney General, or any district attorney or city attorney, may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California. An action brought by the Attorney General, any district attorney, or any city attorney may also seek a civil penalty of twenty-five thousand dollars ($25,000). If this civil penalty is requested, it shall be assessed individually against each person who is determined to have violated this section, and the penalty shall be awarded to each individual who has been injured under this section. -(h) For purposes of this section, the following definitions shall apply: -(1) “Immigration detention facility” means a facility where immigrants are detained for civil immigration proceedings pursuant to an agreement between a city, county, or city and county, or a law enforcement agency and either of the following: -(A) The United States Department of Homeland Security or other federal agency. -(B) A private corporation, contractor, or private vendor. -(2) “Immigration detention facility operator” means an individual, firm, corporation, association, partnership, joint venture, commercial entity, municipality, commission, or political division of the State of California that operates or owns an immigration detention facility. -(3) “Segregated housing” means administrative segregation or disciplinary segregation, as defined in the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013, or any other act resulting in an individual being segregated from the general population through prolonged physical or social isolation for hours, days, weeks, or years. -SEC. 3. -The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. -Existing law authorizes a county board of supervisors on behalf of its sheriff, and a legislative body of a city on behalf of its chief of police, to contract to provide supplemental law enforcement services to private individuals, private entities, and private corporations in specified circumstances and subject to certain conditions. -This bill would, commencing on January 1, 2018, prohibit a city, county, or a city and county, or a local law enforcement agency from entering into or renewing a contract, or modifying a contract to extend the length of the contract, with a private corporation, contractor, or vendor to detain immigrants in civil immigration proceedings for profit. -Existing law requires the Board of State and Community Corrections to establish minimum standards for local correctional facilities, as specified. -This bill would require a city, county, or city and county, or a local law enforcement agency that chooses to enter into a contract to detain immigrants in civil immigration proceedings to detain immigrants only pursuant to a contract that requires the immigration detention facility operator to adhere to specified standards. -The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure. -This bill would specify that any facility that detains an immigrant pursuant to a contract with a city, county, city and county, or a local law enforcement agency is subject to the California Public Records Act. -Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of California are free and equal no matter their national origin, citizenship, or immigration status and are entitled to full and equal accommodations, facilities, and privileges in all business establishments of every kind. Persons denied their rights under this act may obtain specified remedies, including treble damages. -This bill would provide that an immigration detention facility operator, as defined, an agent thereof, or a person acting on its behalf, shall not deprive an immigrant detainee in civil immigration proceedings of specified rights, including access to an attorney or other authorized person, medical care, freedom from harm or harassment, or privacy. The bill would prohibit an immigration detention facility from involuntarily placing a detainee in segregated housing because of his or her actual or perceived gender, gender identity, gender expression, or sexual orientation. -This bill would authorize the Attorney General or any district attorney or city attorney to bring a civil action against an immigration detention facility, an agent thereof, or a person acting on its behalf that violates a detainee’s rights, as specified. -The bill would provide that its provisions are severable.","An act to add Section 1670.9 to the Civil Code, relating to immigration." -350,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14717.5 is added to the Welfare and Institutions Code, to read: -14717.5. -(a) A mental health plan review shall be conducted annually by an external quality review organization (EQRO) pursuant to federal regulations at 42 C.F.R. 438.350 et seq.. Commencing July 1, 2018, the review shall include specific data for Medi-Cal eligible minor and nonminor dependents in foster care, including all of the following: -(1) The number of Medi-Cal eligible minor and nonminor dependents in foster care served each year. -(2) Details on the types of mental health services provided to children, including prevention and treatment services. These types of services may include, but are not limited to, screenings, assessments, home-based mental health services, outpatient services, day treatment services or inpatient services, psychiatric hospitalizations, crisis interventions, case management, and psychotropic medication support services. -(3) Access to, and timeliness of, mental health services, as described in Sections 1300.67.2, 1300.67.2.1, and 1300.67.2.2 of Title 28 of the California Code of Regulations and consistent with Section 438.206 of Title 42 of the Code of Federal Regulations, available to Medi-Cal eligible minor and nonminor dependents in foster care. -(4) Quality of mental health services available to Medi-Cal eligible minor and nonminor dependents in foster care. -(5) Translation and interpretation services, consistent with Section 438.10(c)(4) and (5) of Title 42 of the Code of Federal Regulations and Section 1810.410 of Title 9 of the California Code of Regulations, available to Medi-Cal eligible minor and nonminor dependents in foster care. -(6) Performance data for Medi-Cal eligible minor and nonminor dependents in foster care. -(7) Utilization data for Medi-Cal eligible minor and nonminor dependents in foster care. -(8) Medication monitoring consistent with the child welfare psychotropic medication measures developed by the State Department of Social Services and any Healthcare Effectiveness Data and Information Set (HEDIS) measures related to psychotropic medications, including, but not limited to, the following: -(A) Follow-Up Care for Children Prescribed Attention Deficit Hyperactivity Disorder Medication (HEDIS ADD). -(B) Use of Multiple Concurrent Antipsychotics in Children and Adolescents (HEDIS APC). -(C) Use of First-Line Psychosocial Care for Children and Adolescents on Antipsychotics (HEDIS APP). -(D) Metabolic Monitoring for Children and Adolescents on Antipsychotics (HEDIS APM). -(b) (1) The department shall post the EQRO data disaggregated by Medi-Cal eligible minor and nonminor dependents in foster care on the department’s Internet Web site in a manner that is publicly accessible. -(2) The department shall review the EQRO data for Medi-Cal eligible minor and nonminor dependents in foster care. -(3) If the EQRO identifies deficiencies in a mental health plan’s ability to serve Medi-Cal eligible minor and nonminor dependents in foster care, the department shall notify the mental health plan in writing of identified deficiencies. -(4) The mental health plan shall provide a written corrective action plan to the department within 60 days of receiving the notice required pursuant to paragraph (2). The department shall notify the mental health plan of approval of the corrective action plan or shall request changes, if necessary, within 30 days after receipt of the corrective action plan. Final corrective action plans shall be made publicly available by, at minimum, posting on the department’s Internet Web site. -(c) To the extent possible, the department shall, in connection with its duty to implement Section 14707.5, share with county boards of supervisors data that will assist in the development of mental health service plans, such as data described in federal regulations at 42 C.F.R. 438.350 et seq., subdivision (c) of Section 16501.4, and paragraph (1) of subdivision (a) of Section 1538.8 of the Health and Safety Code. -(d) The department shall annually share performance outcome system data with county boards of supervisors for the purpose of informing mental health service plans. Performance outcome system data shared with county boards of supervisors shall include, but not be limited to, the following disaggregated data for Medi-Cal eligible minor and nonminor dependents in foster care: -(1) The number of youth receiving specialty mental health services. -(2) The racial distribution of youth receiving specialty mental health services. -(3) The gender distribution of youth receiving specialty mental health services. -(4) The number of youth, by race, with one or more specialty mental health service visits. -(5) The number of youth, by race, with five or more specialty mental health service visits. -(6) Utilization data for intensive home services, intensive care coordination, case management, therapeutic behavioral services, medication support services, crisis intervention, crisis stabilization, full-day intensive treatment, full-day treatment, full-day rehabilitation, and hospital inpatient days. -(7) A unique count of youth receiving specialty mental health services who are arriving, exiting, and continuing with services. -(e) The department shall ensure that the performance outcome system data metrics include disaggregated data for Medi-Cal eligible minor and nonminor dependents in foster care. These data shall be in a format that can be analyzed.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including specialty mental health services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, specialty mental health services are provided by mental health plans and the department is responsible for conducting investigations and audits of claims and reimbursements for expenditures for specialty mental health services provided by mental health plans to Medi-Cal eligible individuals. -This bill would require annual mental health plan reviews to be conducted by an external quality review organization (EQRO) and, commencing July 1, 2018, would require those reviews to include specific data for Medi-Cal eligible minor and nonminor dependents in foster care, including the number of Medi-Cal eligible minor and nonminor dependents in foster care served each year. The bill would require the department to share data with county boards of supervisors, including data that will assist in the development of mental health service plans and performance outcome system data and metrics, as specified. -This bill would require the department to post any corrective action plan prepared by the mental health plan to address deficiencies identified by the EQRO review and the EQRO data on its Internet Web site, as specified. The bill would also require the department to notify the mental health plan of any deficiencies and would require the mental health plan to provide a written corrective action plan to the department.","An act to add Section 14717.5 to the Welfare and Institutions Code, relating to Medi-Cal." -351,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 933.05 of the -Penal Code -is amended to read: -933.05. -(a)For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: -(1)The respondent agrees with the finding. -(2)The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. -(b)For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: -(1)The recommendation has been implemented, with a summary regarding the implemented action. -(2)The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. -(3)The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. -(4)The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. -(c)If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. -(d)(1)A grand jury shall request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. -(2)A grand jury may disclose the factual data used in making its findings during discussions conducted pursuant to paragraph (1). -(3)A grand jury may provide to a subject person or entity for comment an administrative draft of that portion of the grand jury’s report relating to that subject person or entity. An administrative draft provided pursuant to this paragraph shall include proposed grand jury findings, may include the factual data utilized in making the grand jury’s findings, and shall not include the grand jury’s recommendations. Within a time period determined by the grand jury, but no sooner than 10 days after the grand jury submits an administrative draft of its report to a subject person or entity for comment, the subject person or entity may file with the grand jury written comments on the findings and data included in the administrative draft pertaining to that subject person or entity. An officer, agency, department, or governing body of a public agency shall not disclose any contents of the administrative draft of the report prior to the public release of the final report. -(e)During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. -(f)A grand jury shall provide to the affected agency for comment a copy of the portion of the grand jury report relating to that person or entity no later than 10 days prior to its public release and after the approval of the presiding judge. All written comments of the affected agency may be submitted to the presiding judge of the superior court who impaneled the grand jury no later than 10 days after receipt of a copy of the grand jury final report by the affected agency. A copy of all written comments by the affected agency shall be placed on file as part of the contents of the applicable grand jury final report and included in the public release of the final report. An officer, agency, department, or governing body of a public agency shall not disclose any contents of the report prior to the public release of the final report. -(g)(1)Notwithstanding any other law, except as provided in paragraph (2), the governing body of an affected agency may meet in closed session to discuss and prepare written comments of the affected agency to both of the following: -(A)The findings and factual data contained in an administrative draft of the grand jury report submitted for comment by a grand jury pursuant to paragraph (3) of subdivision (d). -(B)A grand jury final report submitted for comment by a grand jury pursuant to subdivision (f). -(2)If the legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body shall do so in a meeting conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) unless exempted from this requirement by some other provision of law. -SECTION 1. -Section 933.05 of the Penal Code is amended to read: -933.05. -(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: -(1) The respondent agrees with the finding. -(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. -(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: -(1) The recommendation has been implemented, with a summary regarding the implemented action. -(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. -(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. -(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. -(c) -However, if -If -a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. -(d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. -(e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. -(f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. -(g) This section shall become inoperative on July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 2. -Section 933.05 is added to the Penal Code, to read: -933.05. -(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: -(1) The respondent agrees with the finding. -(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. -(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: -(1) The recommendation has been implemented, with a summary regarding the implemented action. -(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. -(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. -(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. -(c) If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. -(d) (1) A grand jury shall conduct at least one exit interview of an official or other responsible representative of each entity to which recommendations will be directed in a final grand jury report. The grand jury shall read to, and discuss with, the exit interviewee the draft findings of the report that relate to that entity in order to verify the accuracy of the findings. -(2) The grand jury may also discuss with the exit interviewee the facts in that report that support one or more of those findings. -(3) With the court’s approval, the grand jury may provide to the exit interviewee a copy of the draft findings related to that entity and may allow the subject entity to provide written comments to the grand jury concerning the draft findings within a time to be determined by the grand jury, but at least five working days after providing the draft findings to the exit interviewee. -(4) The grand jury shall not reveal to the exit interviewee the name of any person, or another fact that identifies any person, who provided information to the grand jury. -(5) Any draft findings given to the exit interviewee shall remain confidential and shall not be distributed to anyone outside the entity prior to or after the release of the final report. The exit interviewee and any board, officer, employee, or agent of the entity shall not publicly reveal any other information obtained during the exit interview prior to the public release of the report. -(e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. -(f) A grand jury shall provide to the affected entity a copy of the portion of the grand jury report relating to that person or entity no later than six working days prior to its public release and after the approval of the presiding judge. The subject person or entity may submit a preliminary response on behalf of the affected entity to the presiding judge of the superior court who impaneled the grand jury, with a copy of that preliminary response submitted to the grand jury, no later than six working days after receipt of a copy of the grand jury final report by the affected entity. The grand jury shall, when the final report is publicly released, also release a copy of any preliminary response that relates to the final report either by posting the preliminary response on an Internet Web site or by electronic transmission with the final report. If the grand jury distributes printed copies of the report, the preliminary response or a citation to the Internet Web site where the report and preliminary response, if any, are posted shall be included with or in the report. A board, officer, employee, agent, department, or governing body of the entity shall not disclose any contents of the report prior to the public release of the final report. -(g) (1) Notwithstanding any other law, except as provided in paragraph (2), the governing body of an affected entity may meet in closed session to do both of the following: -(A) Discuss and prepare written comments of the affected entity to the confidential draft findings and the facts related to those confidential draft findings of the grand jury report submitted to the entity by the grand jury pursuant to paragraph (3) of subdivision (d). -(B) Discuss and prepare a written preliminary response to a grand jury final report submitted to the entity by the grand jury pursuant to subdivision (f). -(2) If the legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body shall do so in a meeting conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) unless exempted from this requirement by some other law. -(h) This section shall become operative on July 1, 2017. -SEC. 2. -SEC. 3. -The Legislature finds and declares that Section 1 of this act, which amends Section 933.05 of the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -In order to protect the confidentiality of grand jury investigations and reports, it is necessary for this act to take effect.","(1) Existing law sets forth the duties of the grand jury -of each county -. Existing law requires the grand jury to submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year. Existing law authorizes a grand jury to request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. -This bill would require a grand jury to request a subject person or entity to come before the grand jury as described above. The bill would authorize a grand jury to disclose the factual data used in making its findings during discussions conducted pursuant to these provisions. -This bill would authorize a grand jury to provide to a subject person or entity for comment an administrative draft of that portion of the grand jury’s report relating to that subject person or entity. The bill would require an administrative draft provided pursuant to this provision to include proposed grand jury findings, would authorize the draft to include the factual data utilized in making the grand jury’s findings, and would prohibit the draft from including the grand jury’s recommendations. Within a time period determined by the grand jury, but no sooner than 10 days after the grand jury submits an administrative draft of its report to a subject person or entity for comment, the bill would authorize the subject person or entity to file with the grand jury written comments on the findings and data included in the administrative draft pertaining to that subject person or entity. The bill would prohibit an officer, agency, department, or governing body of a public agency from disclosing any contents of the administrative draft of the report prior to the public release of the final report. -This bill would delete the authority of a grand jury to request a subject person or entity to come before it for purposes of reading and discussing the findings of a grand jury report. The bill would instead require a grand jury to conduct at least one exit interview of an official or other responsible representative of each entity to which recommendations will be directed in a final grand jury report. The bill would authorize the grand jury, with the court’s approval, to provide to the exit interviewee a copy of the draft findings related to that entity and would allow the subject entity to provide written comments to the grand jury concerning the draft findings within a time to be determined by the grand jury, but at least 5 working days after providing the draft findings to the exit interviewee. The bill would require any draft findings given to the exit interviewee to remain confidential, would prohibit those findings from being distributed to anyone outside the entity prior to or after the release of the final report, and would prohibit the exit interviewee and any board, officer, employee, or agent of the entity from publicly revealing any other information obtained during the exit interview prior to the public release of the report. -Existing law requires a grand jury to provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity 2 working days prior to its public release and after the approval of the presiding judge. -This bill would instead require a grand jury to provide to the affected -agency for comment -entity -a copy of the portion of the grand jury report relating to that person or entity no later than -10 -6 working -days prior to its public release and after the approval of the presiding judge. The bill would authorize -all written comments of the affected agency to be submitted -the subject person or entity to submit a preliminary response on behalf of the affected entity -to the presiding judge of the superior court who impaneled the grand -jury -jury, with a copy of that preliminary response submitted to the grand jury, -no later than -10 -6 working -days after receipt of a copy of the grand jury final report by the affected agency. The bill would require -a copy of all written comments by the affected agency to be placed on file as part of the contents of the applicable -the -grand jury -to release, when the final report is publicly released, a copy of any preliminary response that relates to the -final report -and included in the public release of the final report. -either by posting the preliminary response on an Internet Web site or by electronic transmission with the final report, as specified. -(2) The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. -This bill would authorize the governing body of an affected -agency -entity -to meet in closed session to discuss and prepare written comments of the affected -agency -entity -to the -confidential draft -findings and -factual data contained in an administrative draft -the facts related to those confidential draft findings -of the grand jury report -and a grand jury final report -submitted -for comment -to the -entity -by -a -the -grand jury pursuant to the provisions described above. -The bill would also authorize the governing body of an affected entity to meet in closed session to discuss and prepare a written preliminary response to a grand jury final report submitted to the entity by the grand jury pursuant to the provisions described above. -The bill would require, if a legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body to do so in a meeting conducted pursuant to the Ralph M. Brown Act unless exempted from this requirement by some other provision of law. -(3) This bill would make its provisions operative beginning July 1, 2017. -(3) -(4) -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to -amend -amend, repeal, and add -Section 933.05 of the Penal Code, relating to grand juries." -352,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California has been a global leader in reducing the emissions of greenhouse gases through the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of Health and Safety Code) and the Governor’s Executive Orders S-3-05 and B-30-15. -(b) The state has developed a comprehensive climate adaptation strategy document titled “Safeguarding California: Implementation Action Plans” and has established the Integrated Climate Adaptation and Resiliency Program to further coordinate local and regional efforts with the state climate adaptation strategies. -(c) The state’s existing investment in natural infrastructure, including urban forest canopy, which helps accomplish both carbon sequestration and climate resilience, is at risk due to existing drought conditions. -(d) The drought has heightened awareness and underscored the importance of sustainable water management. -(e) Improved water retention and infiltration can greatly reduce reliance on potentially energy-intensive long-distance water imports and thereby reduce emissions of greenhouse gases. -(f) Through carbon sequestration, the protection and management of natural and working lands and organic waste diversion are both integral to accomplishing the state’s policy to reduce greenhouse gas levels. -(g) The state has recently developed a strategy to dramatically increase the diversion of organic waste from landfills, with the organic waste being used to create compost and mulch. -(h) Composting and use of organic waste in improved landscape and healthy soil management have great potential to be cost effective at reducing greenhouse gas levels through improved carbon soil sequestration and may also greatly improve water retention and infiltration of stormwater flows. -(i) Composting may also provide important environmental and agricultural cobenefits, including reduction of naturally occurring volatile organic compounds and ammonia, and may help the state address agriculture, dairy, and forestry waste in a proper and environmentally responsible manner. -SEC. 2. -Section 42649.87 of the Public Resources Code is amended to read: -42649.87. -(a) The California Environmental Protection Agency, in coordination with the department, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, shall develop and implement policies to aid in diverting organic waste from landfills by promoting the use of agricultural, forestry, and urban organic waste as a feedstock for compost and by promoting the appropriate use of that compost throughout the state. -(b) In developing policies pursuant to subdivision (a), the California Environmental Protection Agency shall promote a goal of reducing at least five million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, which include, but are not limited to, agricultural land, land used for forestry, and rangeland. The California Environmental Protection Agency shall work with the Department of Food and Agriculture to achieve this goal. -(c) The -California -Secretary for Environmental Protection Agency and the Secretary of Food and Agriculture shall ensure proper coordination of agency regulations and goals to implement this section. The California Environmental Protection Agency and the Department of Food and Agriculture, with the department, the State Water Resources Control Board, and the State Air Resources Board shall do all of the following: -(1) Assess the state’s progress towards developing the organic waste processing and recycling infrastructure necessary to meet the state goals specified in Assembly Bill 341 (Chapter 476 of the Statutes of 2011), Assembly Bill 1826 (Chapter 727 of the Statutes of 2014), the State Air Resources Board’s May 2015 Short-Lived Climate Pollutant Reduction Strategy concept paper, and the Department of Food and Agriculture’s Healthy Soils Initiative. -(2) Meet at least quarterly and consult with interested stakeholders, including, but not limited to, the compost industry, local governments, and environmental organizations, to encourage the continued viability of the state’s organic waste processing and recycling infrastructure. -(3) Hold at least one public workshop annually to inform the public of actions taken to implement this section and to receive public comment. -(4) -(A) -Develop recommendations for promoting organic waste processing and recycling infrastructure statewide, which shall be posted on the California Environmental Protection Agency’s Internet Web site no later than January 1, 2017, and updated annually thereafter. -(B) Develop recommendations for promoting the use of compost throughout the state, which shall be posted on the California Environmental Protection Agency’s Internet Web site no later than January 1, 2018, and updated annually thereafter, and identify an implementing agency for purposes of Section 42649.89. -(5) Assess state programs to determine how those programs may increase the use of compost for purposes of increasing carbon sequestration in urban and rural areas. -(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 3. -Section 42649.89 is added to the Public Resources Code, to read: -42649.89. -(a) The implementing agency identified pursuant to paragraph (4) of subdivision (c) of Section 42649.87 shall develop a program to implement policies for promoting the use of compost throughout the state, if recommended pursuant to paragraph (4) of subdivision (c) of Section 42649.87. -(b) For purposes of the program developed pursuant to subdivision (a), the implementing agency shall prioritize projects that utilize the services of community conservation corps, as defined in Section 14507.5, or other local non-profit entities that employ underprivileged youth. -SEC. 2. -SEC. 4. -Division 45 (commencing with Section 75300) is added to the Public Resources Code, to read: -DIVISION 45. Community Climate and Drought Resilience Program of 2016 -CHAPTER 1. General Provisions and Definitions -75300. -In enacting this division, it is the intent of the Legislature to do both of the following: -(a) Establish an innovative natural resource management program that improves carbon sequestration, improves drought preparedness, and helps California communities address the effects of climate change through increased urban forest canopy, carbon soil sequestration, multibenefit stormwater management, organic waste diversion, and community greening. -(b) Enable opportunities for employment of California’s at-risk youth in climate-friendly landscape management strategies, especially in disadvantaged communities. -75301. -The Department of Forestry and Fire Protection and the Department of Resources Recycling and Recovery, in implementing this division, shall promote policies and incentives that advance all of the following: -(a) Help urban and rural communities adapt to the effects of climate change. -(b) Improve water management and drought preparedness. -(c) Provide workforce training to young men and women in disadvantaged communities. -(d) Maximize carbon sequestration and ensure the associated greenhouse gas reduction benefits are maintained through both of the following: -(1) Improvement and continued management of urban forest canopy and carbon soil sequestration. -(2) Development and application of compost made from organic waste that is diverted from landfills. -75305. -For purposes of this division, the following definitions apply: -(a) “CalFire” means the Department of Forestry and Fire Protection. -(b) “CalRecycle” means the Department of Resources Recycling and Recovery. -(c) “Disadvantaged communities” means communities identified pursuant to Section 39711 of the Health and Safety Code. -CHAPTER 2. Urban Forestry -75310. -(a) CalFire shall review the urban forestry program implemented pursuant to the California Urban Forestry Act of 1978 (Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 4), and revise the program, if necessary, to do both of the following: -(1) Provide funding priority to multibenefit carbon sequestration projects. Eligible project categories shall include, but are not limited to, all of the following: -(A) Mulching, watering, or pruning. -(B) The use of onsite water capture, recycled water, and other local water sources. -(C) Emergency drought response measures that reduce tree mortality, ensure optimal tree health, and preserve the carbon sequestration and climate resilience benefits of the urban forest. -(2) Establish local or regional targets for urban tree canopy, especially in disadvantaged communities that tend to be most vulnerable to urban heat island effect. These targets shall include urban forest diversity, tree species’ adaptability to anticipated climate change impacts, and other relevant factors. -(b) CalFire shall develop or update its regulations, as necessary, to implement the requirements of the chapter and shall provide both of the following: -(1) Planning and technical assistance for eligible applicants assisting disadvantaged communities. -(2) Guidance to grantees and local governments regarding best practices and metrics for maintaining urban forest health. -3. -The Use of Compost in Farming and Landscaping Practices -75320. -(a)By July 1, 2017, CalRecycle, in consultation with relevant state agencies, shall develop and implement a program that provides incentives for the use of compost from organic waste in farming and landscaping practices that increase drought resilience and result in quantifiable reductions in the emissions of greenhouse gases through increased carbon sequestration in urban and rural areas. -(b)In implementing this program, CalRecycle shall enter into an agreement with state-certified conservation corps to assist community outreach, compost delivery and application, and other urban greening projects that are eligible under the program. -(c)CalRecycle shall develop and update regulations for the implementation of this chapter.","Existing law authorizes the Department of Forestry and Fire Protection (CalFire) to implement a program in urban forestry to encourage better tree management and planting in urban areas to increase integrated, multibenefit projects by assisting urban areas with innovative solutions to problems, including greenhouse gas emissions, public health impacts of poor air and water quality, urban heat island effect, stormwater management, water shortages, lack of green space, lack of urban parks that are accessible to pedestrians, vandalism, and insufficient tree maintenance. -Existing law authorizes the Department of Resources Recycling and Recovery (CalRecycle) to develop a program to increase the use of compost products in agricultural applications. -This bill would enact the Community Climate and Drought Resilience Program of 2016 and would require CalFire to review the urban forestry program and, if necessary, revise the program to provide funding priority to multibenefit carbon sequestration projects and to establish local or regional targets for urban tree canopy. -The bill would require CalRecycle, by July 1, 2017, to develop and implement a program that provides incentives for certain projects that increase drought resilience and result in quantifiable reductions in the emissions of greenhouse gases through increased carbon sequestration in urban and rural areas. -Existing law requires the California Environmental Protection Agency, in coordination with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, to develop and implement policies to aid in diverting organic waste from landfills by promoting the composting of specified organic waste and by promoting the appropriate use of that compost throughout the state. Existing law requires the agency and the Department of Food and Agriculture, with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the State Air Resources Board, to perform specified functions, including developing recommendations for promoting organic waste processing and recycling infrastructure statewide. -This bill would require the agency and the Department of Food and Agriculture, with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the State Air Resources Board, to additionally assess state programs to determine how those programs may increase the use of compost for specified purposes and develop recommendations for promoting the use of compost throughout the state. The bill would require that those recommendations be posted on the agency’s Internet Web site no later than January 1, 2018, and be updated annually thereafter. The bill would require an implementing agency, required to be identified with those recommendations, to develop a program to implement policies for promoting the use of compost throughout the state, if recommended, and, for purposes of that program, to prioritize projects that utilize the services of community conservation corps or other local nonprofit entities that employ underprivileged youth.","An act to -amend Section 42649.87 of, -to -add -Section 42649.89 to, and to add -Division 45 (commencing with Section 75300) -to -to, -the Public Resources Code, relating to the environment." -353,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2962 of the Penal Code is amended to read: -2962. -As a condition of parole, a prisoner who meets the following criteria shall be provided necessary treatment by the State Department of State Hospitals as follows: -(a) (1) The prisoner has a severe mental disorder that is not in remission or that cannot be kept in remission without treatment. -(2) The term “severe mental disorder” means an illness or disease or condition that substantially impairs the person’s thought, perception of reality, emotional process, or judgment; or which grossly impairs behavior; or that demonstrates evidence of an acute brain syndrome for which prompt remission, in the absence of treatment, is unlikely. The term “severe mental disorder,” as used in this section, does not include a personality or adjustment disorder, epilepsy, mental retardation or other developmental disabilities, or addiction to or abuse of intoxicating substances. -(3) The term “remission” means a finding that the overt signs and symptoms of the severe mental disorder are controlled either by psychotropic medication or psychosocial support. A person “cannot be kept in remission without treatment” if during the year prior to the question being before the Board of Parole Hearings or a trial court, he or she has been in remission and he or she has been physically violent, except in self-defense, or he or she has made a serious threat of substantial physical harm upon the person of another so as to cause the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family, or he or she has intentionally caused property damage, or he or she has not voluntarily followed the treatment plan. In determining if a person has voluntarily followed the treatment plan, the standard shall be whether the person has acted as a reasonable person would in following the treatment plan. -(b) The severe mental disorder was one of the causes of, or was an aggravating factor in, the commission of a crime for which the prisoner was sentenced to prison. -(c) The prisoner has been in treatment for the severe mental disorder for 90 days or more within the year prior to the prisoner’s parole or release. -(d) (1) Prior to release on parole, the person in charge of treating the prisoner and a practicing psychiatrist or psychologist from the State Department of State Hospitals have evaluated the prisoner at a facility of the Department of Corrections and Rehabilitation, and a chief psychiatrist of the Department of Corrections and Rehabilitation has certified to the Board of Parole Hearings that the prisoner has a severe mental disorder, that the disorder is not in remission, or cannot be kept in remission without treatment, that the severe mental disorder was one of the causes or was an aggravating factor in the prisoner’s criminal behavior, that the prisoner has been in treatment for the severe mental disorder for 90 days or more within the year prior to his or her parole release day, and that by reason of his or her severe mental disorder the prisoner represents a substantial danger of physical harm to others. For prisoners being treated by the State Department of State Hospitals pursuant to Section 2684, the certification shall be by a chief psychiatrist of the Department of Corrections and Rehabilitation, and the evaluation shall be done at a state hospital by the person at the state hospital in charge of treating the prisoner and a practicing psychiatrist or psychologist from the Department of Corrections and Rehabilitation. -(2) If the professionals doing the evaluation pursuant to paragraph (1) do not concur that (A) the prisoner has a severe mental disorder, (B) that the disorder is not in remission or cannot be kept in remission without treatment, or (C) that the severe mental disorder was a cause of, or aggravated, the prisoner’s criminal behavior, and a chief psychiatrist has certified the prisoner to the Board of Parole Hearings pursuant to this paragraph, then the Board of Parole Hearings shall order a further examination by two independent professionals, as provided for in Section 2978. -(3) If at least one of the independent professionals who evaluate the prisoner pursuant to paragraph (2) concurs with the chief psychiatrist’s certification of the issues described in paragraph (2), this subdivision shall be applicable to the prisoner. The professionals appointed pursuant to Section 2978 shall inform the prisoner that the purpose of their examination is not treatment but to determine if the prisoner meets certain criteria to be involuntarily treated as a mentally disordered offender. It is not required that the prisoner appreciate or understand that information. -(e) The crime referred to in subdivision (b) meets both of the following criteria: -(1) The defendant received a determinate sentence pursuant to Section 1170 for the crime. -(2) The crime is one of the following: -(A) Voluntary manslaughter. -(B) Mayhem. -(C) Kidnapping in violation of Section 207. -(D) Any robbery wherein it was charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of that robbery. -(E) Carjacking, as defined in subdivision (a) of Section 215, if it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of the carjacking. -(F) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262. -(G) Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. -(H) Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. -(I) Lewd acts on a child under 14 years of age in violation of Section 288. -(J) Continuous sexual abuse in violation of Section 288.5. -(K) The offense described in subdivision (a) of Section 289 where the act was accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. -(L) Arson in violation of subdivision (a) of Section 451, or arson in violation of any other provision of Section 451 or in violation of Section 455 where the act posed a substantial danger of physical harm to others. -(M) Any felony in which the defendant used a firearm which use was charged and proved as provided in Section 12022.5, 12022.53, or 12022.55. -(N) A violation of Section 18745. -(O) Attempted murder. -(P) A crime not enumerated in subparagraphs (A) to (O), inclusive, in which the prisoner used force or violence, or caused serious bodily injury as defined in paragraph (4) of subdivision (f) of Section 243. -(Q) A crime in which the perpetrator expressly or impliedly threatened another with the use of force or violence likely to produce substantial physical harm in such a manner that a reasonable person would believe and expect that the force or violence would be used. For purposes of this subparagraph, substantial physical harm shall not require proof that the threatened act was likely to cause great or serious bodily injury. -(f) For purposes of meeting the criteria set forth in this section, the existence or nature of the crime, as defined in paragraph (2) of subdivision (e), for which the prisoner has been convicted may be shown with documentary evidence. The details underlying the commission of the offense that led to the conviction, including the use of force or violence, causing serious bodily injury, or the threat to use force or violence likely to produce substantial physical harm, may be shown by documentary evidence, including, but not limited to, preliminary hearing transcripts, trial transcripts, probation and sentencing reports, and evaluations by the State Department of State Hospitals. -(g) As used in this chapter, “substantial danger of physical harm” does not require proof of a recent overt act.","Existing law requires, as a condition of parole, a prisoner who has a severe mental disorder that is not in remission and who meets specified criteria to be treated by the State Department of State Hospitals and provided the necessary treatment. In order for that commitment to occur, existing law requires, among other criteria, that the severe mental disorder be one of the causes of, or an aggravating factor in, the commission of the crime, as defined, for which the prisoner was sentenced to prison. Existing law also requires the prisoner to have been in treatment for the severe mental disorder for 90 days or more within the year prior to the prisoner’s parole or release. Existing law establishes procedures for the evaluation of a prisoner under these provisions by specified health practitioners of the State Department of State Hospitals and the Department of Corrections and Rehabilitation. -This bill would authorize the use of certain documentary evidence for purposes of satisfying the criteria used to evaluate whether a prisoner released on parole is required to be treated by the State Department of State Hospitals.","An act to amend Section 2962 of the Penal Code, relating to mentally ill prisoners." -354,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10095 of the Insurance Code is amended to read: -10095. -(a) Within 30 days following the effective date of this chapter, the association shall submit to the commissioner, for his or her review, a proposed plan of operation, consistent with the provisions of this chapter, creating an association consisting of all insurers licensed to write and engaged in writing in this state, on a direct basis, basic property insurance or any component of basic property insurance in homeowners or other dwelling multiperil policies. An insurer described in this subdivision shall be a member of the association and shall remain a member as a condition of its authority to transact those kinds of insurance in this state. -(b) The proposed plan shall authorize the association to assume and cede reinsurance on risks written by insurers in conformity with the program. -(c) Under the plan, an insurer shall participate in the writings, expenses, and profits and losses of the association in the proportion that its premiums written during the second preceding calendar year bear to the aggregate premiums written by all insurers in the program, excluding that portion of the premiums written attributable to the operation of the association. Premiums written on a policy of basic residential earthquake insurance issued by the California Earthquake Authority pursuant to Section 10089.6 shall be attributed to the insurer that writes the underlying policy of residential property insurance. -(d) The plan shall provide for administration by a governing committee under rules to be adopted by the governing committee with the approval of the commissioner. Voting on administrative questions of the association and facility shall be weighted in accordance with each insurer’s premiums written during the second preceding calendar year as disclosed in the reports filed by the insurer with the commissioner. -(e) The plan shall provide for a plan to encourage persons to secure basic property insurance through normal channels from an admitted insurer or a licensed surplus line broker by informing those persons what steps they must take in order to secure the insurance through normal channels. -(f) The plan shall be subject to the approval of the commissioner and shall go into effect upon the tentative approval of the commissioner. The commissioner may, at any time, withdraw his or her tentative approval or he or she may, at any time after he or she has given his or her final approval, revoke that approval if he or she feels it is necessary to carry out the purposes of the chapter. The withdrawal or revocation of that approval shall not affect the validity of any policies executed prior to the date of the withdrawal. If the commissioner disapproves or withdraws or revokes his or her approval to all or any part of the plan of operation, the association shall, within 30 days, submit for review an appropriately revised plan or part of a revised plan, and, if the association fails to do so, or if the revised plan is unacceptable, the commissioner shall promulgate a plan of operation or part of a plan as he or she may deem necessary to carry out the purposes of this chapter. -(g) The association may, on its own initiative or at the request of the commissioner, amend the plan of operation, subject to approval by the commissioner, who shall have supervision of the inspection bureau, the facility, and the association. The commissioner or any person designated by him or her, shall have the power of visitation of and examination into the operation and free access to all the books, records, files, papers, and documents that relate to operation of the facility and association, and may summon, qualify, and examine as witnesses all persons having knowledge of those operations, including officers, agents, or employees thereof. -(h) Every insurer member of the plan shall provide to applicants who are denied coverage the statewide toll-free telephone number for the plan established pursuant to Section 10095.5 for the purpose of obtaining information and assistance in obtaining basic property insurance. -(i) This section shall remain in effect only until March 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before March 1, 2017, deletes or extends that date. -SEC. 2. -Section 10095 is added to the Insurance Code, to read: -10095. -(a) Within 30 days following the effective date of this chapter, the association shall submit to the commissioner, for his or her review, a proposed plan of operation, consistent with the provisions of this chapter, creating an association consisting of all insurers licensed to write and engaged in writing in this state, on a direct basis, basic property insurance or any component of basic property insurance in homeowners or other dwelling multiperil policies. An insurer described in this subdivision shall be a member of the association and shall remain a member as a condition of its authority to transact those kinds of insurance in this state. -(b) The proposed plan shall authorize the association to assume and cede reinsurance on risks written by insurers in conformity with the program. -(c) Under the plan, an insurer shall participate in the writings, expenses, and profits and losses of the association in the proportion that its premiums written during the second preceding calendar year bear to the aggregate premiums written by all insurers in the program, excluding that portion of the premiums written attributable to the operation of the association. Premiums written on a policy of basic residential earthquake insurance issued by the California Earthquake Authority pursuant to Section 10089.6 shall be attributed to the insurer that writes the underlying policy of residential property insurance. -(d) The plan shall provide for administration by a governing committee under rules to be adopted by the governing committee with the approval of the commissioner. Voting on administrative questions of the association and facility shall be weighted in accordance with each insurer’s premiums written during the second preceding calendar year as disclosed in the reports filed by the insurer with the commissioner. -(e) The plan shall provide for a plan to encourage persons to secure basic property insurance through normal channels from an admitted insurer or a licensed surplus line broker by informing those persons what steps they must take in order to secure the insurance through normal channels. -(f) The plan shall be subject to the approval of the commissioner and shall go into effect upon the tentative approval of the commissioner. The commissioner may, at any time, withdraw his or her tentative approval or he or she may, at any time after he or she has given his or her final approval, revoke that approval if he or she feels it is necessary to carry out the purposes of the chapter. The withdrawal or revocation of that approval shall not affect the validity of any policies executed prior to the date of the withdrawal. If the commissioner disapproves or withdraws or revokes his or her approval to all or any part of the plan of operation, the association shall, within 30 days, submit for review an appropriately revised plan or part of a revised plan, and, if the association fails to do so, or if the revised plan is unacceptable, the commissioner shall promulgate a plan of operation or part of a plan as he or she may deem necessary to carry out the purposes of this chapter. -(g) The association may, on its own initiative or at the request of the commissioner, amend the plan of operation, subject to approval by the commissioner, who shall have supervision of the inspection bureau, the facility, and the association. The commissioner or any person designated by him or her, shall have the power of visitation of and examination into the operation and free access to all the books, records, files, papers, and documents that relate to operation of the facility and association, and may summon, qualify, and examine as witnesses all persons having knowledge of those operations, including officers, agents, or employees thereof. -(h) An insurer member of the plan shall provide to an applicant who is denied coverage, or a policyholder whose policy is canceled or not renewed, the Internet Web site address and statewide toll-free telephone number for the plan established pursuant to Section 10095.5 for the purpose of obtaining information and assistance in obtaining basic property insurance. -(i) This section shall become operative March 1, 2017. -SEC. 3. -Section 10095.5 of the Insurance Code is amended to read: -10095.5. -(a) The association shall establish and maintain an Internet Web site and a statewide toll-free telephone number through which a person may receive information and assistance in applying for insurance through the plan. The association shall cause the toll-free telephone number to be published in all general distribution telephone directories in the state and shall include the toll-free telephone number and Internet Web site address on all communications with an applicant or insured. -(b) An insurance agent or broker transacting basic property insurance shall assist a person seeking his or her help in obtaining basic property insurance coverage by any one of the following methods: -(1) Making an application for insurance through the plan by submitting an application at the person’s request. -(2) Providing the person with the California FAIR Plan’s Internet Web site address and the toll-free telephone number. -(3) Making an application for insurance, at the person’s request, and placing that person with or through an insurer that offers, or a surplus line broker that procures, basic property insurance coverage. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to have the consumer protections proposed in this act become operative as soon as possible for homeowners who are having difficulty obtaining insurance coverage for their property because they are located in high-risk brush and wildfire areas, and to provide insurers adequate time to amend and prepare their required notices to customers about the availability of coverage through the California FAIR (fair access to insurance requirements) Plan, it is necessary for this act to take effect immediately.","Under existing law, the California FAIR (fair access to insurance requirements) Plan Association is a joint reinsurance association of state insurers that is established to, among other things, assist persons in securing basic property insurance for qualified property for which insurance cannot be obtained through the normal insurance market. Existing law requires the association to establish and maintain a toll-free telephone number through which a person may receive assistance in applying for basic property insurance. Existing law requires an insurer member of the plan to provide to an applicant who is denied coverage the toll-free telephone number for the plan for information and assistance in obtaining basic property insurance. Existing law requires an agent or broker transacting basic property insurance to either assist a person in making an application for insurance through the plan or to provide the person with that toll-free telephone number. -This bill would additionally require the association to establish and maintain an Internet Web site at which a person may receive information and assistance in applying for insurance through the plan and would require the association to include the toll-free telephone number and the Internet Web site address on all communications with an applicant or an insured. The bill, beginning March 1, 2017, would require an insurer member to provide an applicant denied coverage or a policyholder whose policy is canceled or not renewed both that Internet Web site address and toll-free telephone number. The bill would delete the provision permitting an agent or broker to provide the toll-free telephone number of the plan as an alternative to assisting a person in making an application for insurance through the plan, and would instead require an agent or broker to assist a person seeking his or her help in obtaining basic property insurance coverage by making an application for insurance through the plan by submitting an application at the person’s request, by providing the person with the California FAIR Plan’s Internet Web site address and the toll-free telephone number, or by making an application for insurance, at the person’s request, and placing that person with or through an insurer that offers, or a surplus line broker that procures, basic property insurance coverage. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 10095.5 of, and to amend, repeal, and add Section 10095 of, the Insurance Code, relating to insurance, and declaring the urgency thereof, to take effect immediately." -355,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 170 of the Revenue and Taxation Code is amended to read: -170. -(a) Notwithstanding any other law, the board of supervisors, by ordinance, may provide that every assessee of any taxable property, or any person liable for the taxes on that property, whose property was damaged or destroyed without his or her fault, may apply for reassessment of that property as provided in this section. The ordinance may also specify that the assessor may initiate the reassessment where the assessor determines that within the preceding 12 months taxable property located in the county was damaged or destroyed. -To be eligible for reassessment the damage or destruction to the property shall have been caused by any of the following: -(1) A major misfortune or calamity, in an area or region subsequently proclaimed by the Governor to be in a state of emergency or disaster, if that property was damaged or destroyed by the major misfortune or calamity that caused the Governor to proclaim the area or region to be in a state of emergency or disaster. As used in this paragraph, “damage” includes a diminution in the value of property as a result of restricted access or environmental contamination to the property where that restricted access or environmental contamination was caused by the major misfortune or calamity. -(2) A misfortune or calamity. -(3) A misfortune or calamity that, with respect to a possessory interest in land owned by the state or federal government, has caused the permit or other right to enter upon the land to be suspended or restricted. As used in this paragraph, “misfortune or calamity” includes a drought condition such as existed in this state in 1976 and 1977. -The application for reassessment may be filed within the time specified in the ordinance or within 12 months of the misfortune or calamity, whichever is later, by delivering to the assessor a written application requesting reassessment showing the condition and value, if any, of the property immediately after the damage or destruction, and the dollar amount of the damage. The application shall be executed under penalty of perjury, or if executed outside the State of California, verified by affidavit. -An ordinance may be made applicable to a major misfortune or calamity specified in paragraph (1) or to any misfortune or calamity specified in paragraph (2), or to both, as the board of supervisors determines. An ordinance shall not be made applicable to a misfortune or calamity specified in paragraph (3), unless an ordinance making paragraph (2) applicable is operative in the county. The ordinance may specify a period of time within which the ordinance shall be effective, and, if no period of time is specified, it shall remain in effect until repealed. -(b) Upon receiving a proper application, the assessor shall appraise the property and determine separately the full cash value of land, improvements, and personalty immediately before and after the damage or destruction. If the sum of the full cash values of the land, improvements, and personalty before the damage or destruction exceeds the sum of the values after the damage by ten thousand dollars ($10,000) or more, the assessor shall also separately determine the percentage reductions in value of land, improvements, and personalty due to the damage or destruction. The assessor shall reduce the values appearing on the assessment roll by the percentages of damage or destruction computed pursuant to this subdivision, and the taxes due on the property shall be adjusted as provided in subdivision (e). However, the amount of the reduction shall not exceed the actual loss. -(c) (1) As used in this subdivision, “board” means either the county board of supervisors acting as the county board of equalization, or an assessment appeals board established by the county board of supervisors in accordance with Section 1620, as applicable. -(2) The assessor shall notify the applicant in writing of the amount of the proposed reassessment. The notice shall state that the applicant may appeal the proposed reassessment to the board within six months of the date of mailing the notice. If an appeal is requested within the six-month period, the board shall hear and decide the matter as if the proposed reassessment had been entered on the roll as an assessment made outside the regular assessment period. The decision of the board regarding the damaged value of the property shall be final, provided that a decision of the board regarding any reassessment made pursuant to this section shall create no presumption as regards the value of the affected property subsequent to the date of the damage. -(3) Those reassessed values resulting from reductions in full cash value of amounts, as determined above, shall be forwarded to the auditor by the assessor or the clerk of the board, as the case may be. The auditor shall enter the reassessed values on the roll. After being entered on the roll, those reassessed values shall not be subject to review, except by a court of competent jurisdiction. -(d) (1) If no application is made and the assessor determines that within the preceding 12 months a property has suffered damage caused by misfortune or calamity that may qualify the property owner for relief under an ordinance adopted under this section, the assessor shall provide the last known owner of the property with an application for reassessment. The property owner shall file the completed application within 12 months after the occurrence of that damage. Upon receipt of a properly completed, timely filed application, the property shall be reassessed in the same manner as required in subdivision (b). -(2) This subdivision does not apply where the assessor initiated reassessment as provided in subdivision (a) or (l). -(e) The tax rate fixed for property on the roll on which the property so reassessed appeared at the time of the misfortune or calamity, shall be applied to the amount of the reassessment as determined in accordance with this section and the assessee shall be liable for: (1) a prorated portion of the taxes that would have been due on the property for the current fiscal year had the misfortune or calamity not occurred, to be determined on the basis of the number of months in the current fiscal year prior to the misfortune or calamity; plus, (2) a proration of the tax due on the property as reassessed in its damaged or destroyed condition, to be determined on the basis of the number of months in the fiscal year after the damage or destruction, including the month in which the damage was incurred. For purposes of applying the preceding calculation in prorating supplemental taxes, the term “fiscal year” means that portion of the tax year used to determine the adjusted amount of taxes due pursuant to subdivision (b) of Section 75.41. If the damage or destruction occurred after January 1 and before the beginning of the next fiscal year, the reassessment shall be utilized to determine the tax liability for the next fiscal year. However, if the property is fully restored during the next fiscal year, taxes due for that year shall be prorated based on the number of months in the year before and after the completion of restoration. -(f) Any tax paid in excess of the total tax due shall be refunded to the taxpayer pursuant to Chapter 5 (commencing with Section 5096) of Part 9, as an erroneously collected tax or by order of the board of supervisors without the necessity of a claim being filed pursuant to Chapter 5. -(g) (1) The assessed value of the property in its damaged condition, as determined pursuant to subdivision (b) compounded annually by the inflation factor specified in subdivision (a) of Section 51, shall be the taxable value of the property until it is restored, repaired, reconstructed, or other provisions of the law require the establishment of a new base year value. -(2) If partial reconstruction, restoration, or repair has occurred on any subsequent lien date, the taxable value shall be increased by an amount determined by multiplying the difference between its factored base year value immediately before the calamity and its assessed value in its damaged condition by the percentage of the repair, reconstruction, or restoration completed on that lien date. -(3) (A) On the third lien date following the calamity, if partial reconstruction, restoration, or repair is not progressing in a timely fashion, the assessed value of the property shall be determined pursuant to subdivision (a) of Section 51. -(B) This paragraph shall only apply to property destroyed or damaged in an area or region proclaimed by the Governor to be in a state of emergency. -(h) (1) When the property is fully repaired, restored, or reconstructed, the assessor shall make an additional assessment or assessments in accordance with subparagraph (A) or (B) upon completion of the repair, restoration, or reconstruction: -(A) If the completion of the repair, restoration, or reconstruction occurs on or after January 1, but on or before May 31, then there shall be two additional assessments. The first additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value on the current roll. The second additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value to be enrolled on the roll being prepared. -(B) If the completion of the repair, restoration, or reconstruction occurs on or after June 1, but before the succeeding January 1, then the additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value on the current roll. -(2) On the lien date following completion of the repair, restoration, or reconstruction, the assessor shall enroll the new taxable value of the property as of that lien date. -(3) For purposes of this subdivision, “new taxable value” shall mean the lesser of the property’s (A) full cash value, or (B) factored base year value or its factored base year value as adjusted pursuant to subdivision (c) of Section 70. -(i) The assessor may apply Chapter 3.5 (commencing with Section 75) of Part 0.5 in implementing this section, to the extent that chapter is consistent with this section. -(j) This section applies to all counties, whether operating under a charter or under the general laws of this state. -(k) Any ordinance in effect pursuant to former Section 155.1, 155.13, or 155.14 shall remain in effect according to its terms as if that ordinance was adopted pursuant to this section, subject to the limitations of subdivision (b). -(l) When the assessor does not have the general authority pursuant to subdivision (a) to initiate reassessments, if no application is made and the assessor determines that within the preceding 12 months a property has suffered damage caused by misfortune or calamity, that may qualify the property owner for relief under an ordinance adopted under this section, the assessor, with the approval of the board of supervisors, may reassess the particular property for which approval was granted as provided in subdivision (b) and notify the last known owner of the property of the reassessment. -(m) The amendments made to this section by the act adding this subdivision shall apply retroactively to the County of Los Angeles with respect to property located in the Porter Ranch neighborhood in the City of Los Angeles that was affected by the methane gas leak in that area in 2015 and 2016. Notwithstanding any other law, in the case of these properties, the application for reassessment may be filed within 12 months of the enactment of this subdivision or within the time specified in the ordinance, whichever is later. This subdivision does not alter any existing law regarding claims or defenses related to diminution of property values. The enactment of this subdivision does not in itself establish a presumption that property values have declined or that any property is in any way “damaged or destroyed” or otherwise “contaminated” for purposes of a civil action related to the methane gas leak that occurred in the Porter Ranch neighborhood of the City of Los Angeles in 2015 and 2016. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances related to the methane gas leak that occurred in the Porter Ranch neighborhood of the City of Los Angeles in 2015 and 2016. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to as soon as possible provide necessary relief to the residents of the Porter Ranch neighborhood in the City of Los Angeles that were affected by the methane gas leak that occurred there in 2015 and 2016, it is necessary that this act take effect immediately.","Existing property tax law authorizes the board of supervisors of a county to provide that every assessee or person liable for taxes on any taxable property whose property was damaged or destroyed without his or her fault may apply for reassessment of that property, as provided. To be eligible for reassessment, existing law requires that the damage or destruction of the property be caused by specified circumstances, including a major misfortune or calamity in an area or region subsequently proclaimed by the Governor to be in a state of disaster. -This bill would additionally authorize the board of supervisors of a county to provide for reassessment of property destroyed or damaged by a major misfortune or calamity in an area or region subsequently proclaimed by the Governor to be in a state of emergency. The bill would specify that “damage” includes a diminution in the value of property as a result of environmental contamination. The bill would also provide that the amendments made by its provisions would apply retroactively to property located in the Porter Ranch neighborhood in the City of Los Angeles that was affected by the methane gas leak in that area in 2015 and 2016 and that, with respect to these properties, the application for reassessment may be filed within 12 months of the enactment of this bill or within the time specified in the ordinance, whichever is later. The bill would specify that these provisions do not alter existing law regarding claims or defenses related to diminution of property values or establish a presumption that property values have declined or that any property is in any way “damaged or destroyed” or otherwise “contaminated” for purposes of a civil action related to the methane gas leak in the Porter Ranch neighborhood. -Existing law requires the assessed value of the property in its damaged condition, determined as specified, to be the taxable value of the property until it is restored, repaired, reconstructed, or other provisions of the law require the establishment of a new base year value. Existing law, if partial reconstruction, restoration, or repair has occurred on any subsequent lien date, requires the taxable value to be increased by a specified amount. -This bill, for property destroyed or damaged in an area or region proclaimed by the Governor to be in a state of emergency, on the 3rd lien date following the calamity, if partial reconstruction, restoration, or repair is not progressing in a timely fashion, would require the assessed value of the property to be determined, as specified. -This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 170 of the Revenue and Taxation Code, relating to taxation, and declaring the urgency thereof, to take effect immediately." -356,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 556.4 of the Penal Code is amended to read: -556.4. -For purposes of this article, information that appears on -any -a -sign, picture, transparency, advertisement, or mechanical device such as, but not limited to, the following, may be used as evidence to establish the fact, and may create an inference, that a person or entity is responsible for the posting of the sign, picture, transparency, advertisement, or mechanical device: -(a) The name, telephone number, address, or other identifying information regarding the real estate broker, real estate brokerage firm, real estate agent, or other person associated with the firm. -(b) The name, telephone number, address, or other identifying information of the owner or lessee of property used for a commercial activity or event. -(c) The name, telephone number, address, or other identifying information of the sponsor or promoter of a sporting event, concert, theatrical performance, or similar activity or event. -SECTION 1. -The Legislature finds and declares all of the following: -(a)On February 10, 2014, the three-judge court overseeing the California prison overcrowding class action case (Coleman v. Brown (2013) 952 F.Supp.2d 901) issued an order that, among other things, requires the state to implement an Elderly Parole Program so that prisoners who are 60 years of age or older and who have been incarcerated at least 25 years on their current sentence will be referred to the Board of Parole Hearings (BPH) to determine suitability for parole. The BPH implemented this Elderly Parole Program on October 1, 2014. -(b)Under the existing Elderly Parole Program hearings, prisoners who are 60 years of age or older and who have been incarcerated 25 years or more on their current sentence serving either a determinate or indeterminate sentence, and who have not yet had an initial parole suitability hearing are referred by the California Department of Corrections and Rehabilitation (CDCR) to the BPH and scheduled for an Elderly Parole Program Suitability hearing. -(c)Under the existing Elderly Parole Program hearings, prisoners who are 60 years of age or older and who have been incarcerated 25 years or more on their current term and who have already been denied parole at the initial suitability hearing are considered for a new hearing under the Elderly Parole Program. -(d)The BPH currently reviews all three-year denials annually to determine if a more prompt parole consideration hearing should be considered. Under the existing Elderly Parole Program, the BPH includes within that annual review whether any prisoner meets the elder parole eligibility criteria, and if so whether to schedule a hearing. -(e)Under the existing Elderly Parole Program, prisoners who have lengthier denial periods can file petitions with the BPH asking that their hearing be advanced because they meet the eligibility criteria for elder parole. -(f)The BPH may deny parole if an elderly prisoner’s release would pose an unreasonable risk of danger to public safety. Parole suitability hearing decisions for elderly parole inmates are reviewed in the same manner as all other parolees under eligibility consideration, pursuant to criteria specified by Section 2281 of Title 15 of the California Code of Regulations. However, for all Elderly Parole Program hearings, the BPH risk assessments consider whether age, time served, and diminished physical condition, if any, reduce elderly prisoners’ risk for future violence. -(g)The number of elderly prisoners in California state prisons will continue to increase exponentially. In 2013, the CDCR reported a population of prisoners 50 years of age and older as 27,580 and the population of prisoners 55 years of age and older as 14,856. -(h)Costs associated with geriatric medical needs begin to accumulate at 50 years of age, given that there is an overwhelming consensus that the age of 50 constitutes a point when prisoners are considered elderly. In 2010, the LAO estimated from other state projections that incarcerating elderly offenders costs two to three times more than for the general prison population. In 2010, the average cost of incarcerating an inmate was approximately $51,000. -(i)Older persons have significantly low arrest rates. In 2001, the federal arrest rate for persons 40 to 44, inclusive, years of age was 0.73 percent. The rate decreases by about one-half every five years, dropping to 0.46 percent for persons 45 to 49, inclusive, years of age and 0.26 percent for persons 50 to 54, inclusive, years of age. For persons 50 to 59, inclusive, years of age, the arrest rate plummets to 0.14 percent. -(j)There is a lower risk of recidivism among elderly prisoners, according to CDCR statistics. In 2013, CDCR reported that only 33.8 percent of persons who were 60 years of age and older, returned to prison after one year from being released from prison. Recidivism rates for persons 50 to 54, inclusive, years of age and 55 to 59, inclusive, years of age after one year from being released from prison were 39.9 and 38.3 percent, respectively. -SEC. 2. -Section 3055 is added to the -Penal Code -, to read: -3055. -(a)The Elderly Parole Program is hereby established, to be administered by the Board of Parole Hearings. -(b)A prisoner shall be considered for parole under the Elderly Parole Program if he or she meets all of the following conditions: -(1)The prisoner is 50 years of age or older. -(2)The prisoner has served 15 years of his or her sentence. -(3)The prisoner has a reentry plan identifying residential, financial, and social integration plans. -(c)When considering the release of a prisoner specified by subdivision (b) pursuant to Section 3041, the board shall give special consideration to whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoner’s risk for future violence. -(d)When scheduling a parole suitability hearing date pursuant to subdivision (b) of Section 3041.5 or when considering a request for an advance hearing pursuant to subdivision (d) of Section 3041.5, the board shall consider whether the prisoner meets or will meet the criteria specified in subdivision (b).","Existing law makes it a misdemeanor to place or maintain any sign, picture, transparency, advertisement, or mechanical device for the purpose of advertising on public or private property without lawful permission or consent of the owner. Existing law allows information that appears on the advertisement to be used as evidence to establish the fact that a person or entity is responsible for posting the advertisement. -This bill would make a technical, nonsubstantive change to these provisions. -Existing law requires the Board of Parole Hearings to meet with an inmate during the 6th year prior to the inmate’s minimum eligible parole release date to document the inmate’s activities and conduct pertinent to parole eligibility. Existing law, the Victims’ Bill of Rights Act of 2008: Marsy’s Law, as added by Proposition 9 at the November 4, 2008, statewide general election, requires the panel, or the board if sitting en banc, to set a release date at the meeting, unless it determines that consideration of the public and victim’s safety requires a more lengthy period of incarceration, and that a parole date cannot be fixed at the meeting. Existing law requires the board to schedule the next parole consideration hearing 15, 10, 7, 5, or 3 years after any hearing at which parole is denied. Existing law allows the board to advance a hearing set pursuant to these provisions to an earlier date when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require an additional period of incarceration. -Existing law, as added by Proposition 184, adopted November 8, 1994, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, imposes increased penalties for certain recidivist offenders. In particular, it requires that, in addition to any other enhancement or penalty provisions that may apply, if a defendant has 2 or more prior felony convictions, the term for the current felony conviction shall be an indeterminate term of imprisonment in the state prison for life with a minimum term of the greatest of 3 times the term otherwise provided as punishment for each current felony conviction subsequent to the 2 or more prior felony convictions, imprisonment in the state prison for 25 years, or the term determined by the court for the underlying conviction, including any applicable enhancement or punishment provisions. The initiative measure enacting the Three Strikes Law prohibits the Legislature from amending the act except by a statute passed by a -2 -3 -vote or by a statute that becomes effective only when approved by the electors. -This bill would establish the Elderly Parole Program, for prisoners who are 50 years of age or older, who have served 15 years of their sentence, and who have a reentry plan identifying residential, financial, and social integration plans. When considering the release of an inmate who meets this criteria, the bill would require the board to consider whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoner’s risk for future violence. The bill would also require the Board of Parole Hearings to consider whether a prisoner will qualify for the program when determining the prisoner’s next parole suitability hearing.","An act to -add -amend -Section -3055 to -556.4 of -the Penal Code, relating to -parole. -trespass." -357,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1808.4 of the Vehicle Code is amended to read: -1808.4. -(a) For all of the following persons, his or her home address that appears in a record of the department is confidential if the person requests the confidentiality of that information: -(1) Attorney General. -(2) State Public Defender. -(3) A Member of the Legislature. -(4) A judge or court commissioner. -(5) A district attorney. -(6) A public defender. -(7) An attorney employed by the Department of Justice, the office of the State Public Defender, or a county office of the district attorney or public defender. -(8) A city attorney and an attorney who submits verification from his or her public employer that the attorney represents the city in matters that routinely place the attorney in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if that attorney is employed by a city attorney. -(9) A nonsworn police dispatcher. -(10) A child abuse investigator or social worker, working in child protective services within a social services department. -(11) An active or retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. -(12) An employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or the Prison Industry Authority specified in Sections 20403 and 20405 of the Government Code. -(13) A nonsworn employee of a city police department, a county sheriff’s office, the Department of the California Highway Patrol, a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, who submits agency verification that, in the normal course of his or her employment, he or she controls or supervises inmates or is required to have a prisoner in his or her care or custody. -(14) A county counsel assigned to child abuse cases. -(15) An investigator employed by the Department of Justice, a county district attorney, or a county public defender. -(16) A member of a city council. -(17) A member of a board of supervisors. -(18) A federal prosecutor, criminal investigator, or National Park Service Ranger working in this state. -(19) An active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances. -(20) An employee of a trial court. -(21) A psychiatric social worker employed by a county. -(22) A police or sheriff department employee designated by the chief of police of the department or the sheriff of the county as being in a sensitive position. A designation pursuant to this paragraph shall, for purposes of this section, remain in effect for three years subject to additional designations that, for purposes of this section, shall remain in effect for additional three-year periods. -(23) A state employee in one of the following classifications: -(A) Licensing-Registration Examiner, Department of Motor Vehicles. -(B) Motor Carrier Specialist I, Department of the California Highway Patrol. -(C) Museum Security Officer and Supervising Museum Security Officer. -(D) Licensing Program Analyst, State Department of Social Services. -(24) (A) The spouse or child of a person listed in paragraphs (1) to (23), inclusive, regardless of the spouse’s or child’s place of residence. -(B) The surviving spouse or child of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if the peace officer died in the line of duty. -(C) (i) Subparagraphs (A) and (B) shall not apply if the person listed in those subparagraphs was convicted of a crime and is on active parole or probation. -(ii) For requests made on or after January 1, 2011, the person requesting confidentiality for their spouse or child listed in subparagraph (A) or (B) shall declare, at the time of the request for confidentiality, whether the spouse or child has been convicted of a crime and is on active parole or probation. -(iii) Neither the listed person’s employer nor the department shall be required to verify, or be responsible for verifying, that a person listed in subparagraph (A) or (B) was convicted of a crime and is on active parole or probation. -(D) (i) The department shall discontinue holding a home address confidential pursuant to this subdivision for a person specified in subparagraph (A) or (B) who is the child or spouse of a person described in paragraph (9), (11), (13), or (22) if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony. -(ii) The department shall comply with this subparagraph upon receiving notice of a disqualifying conviction from the agency that employs or formerly employed the parent or spouse of the convicted person, or as soon as the department otherwise becomes aware of the disqualifying conviction. -(b) The confidential home address of a person listed in subdivision (a) shall not be disclosed, except to any of the following: -(1) A court. -(2) A law enforcement agency. -(3) The State Board of Equalization. -(4) An attorney in a civil or criminal action that demonstrates to a court the need for the home address, if the disclosure is made pursuant to a subpoena. -(5) A governmental agency to which, under any provision of law, information is required to be furnished from records maintained by the department. -(c) (1) A record of the department containing a confidential home address shall be open to public inspection, as provided in Section 1808, if the address is completely obliterated or otherwise removed from the record. -(2) Following termination of office or employment, a confidential home address shall be withheld from public inspection for three years, unless the termination is the result of conviction of a criminal offense. If the termination or separation is the result of the filing of a criminal complaint, a confidential home address shall be withheld from public inspection during the time in which the terminated individual may file an appeal from termination, while an appeal from termination is ongoing, and until the appeal process is exhausted, after which confidentiality shall be at the discretion of the employing agency if the termination or separation is upheld. Upon reinstatement to an office or employment, the protections of this section are available. -(3) With respect to a retired peace officer, his or her home address shall be withheld from public inspection permanently upon request of confidentiality at the time the information would otherwise be opened. The home address of the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer. -(4) The department shall inform a person who requests a confidential home address what agency the individual whose address was requested is employed by or the court at which the judge or court commissioner presides. -(d) A violation of subdivision (a) by the disclosure of the confidential home address of a peace officer, as specified in paragraph (11) of subdivision (a), a nonsworn employee of the city police department or county sheriff’s office, or the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriff’s office, or the spouses or children of these persons is a felony.","Existing law makes confidential, upon request, the home addresses of specified governmental officials, peace officers, state employees, and certain other persons that appear in the records of the Department of Motor Vehicles. Existing law also makes confidential, upon request, the home address of the spouse or child of any of those persons, or the surviving spouse or child of a peace officer if the peace officer died in the line of duty, except for a spouse, surviving spouse, or child who was convicted of a crime and is on active parole or probation. Existing law prohibits the disclosure of the confidential home addresses described above, except as specified. Existing law requires a record of the department containing a confidential home address to be open to public inspection, as specified, if the address is completely obliterated or otherwise removed from the record. Existing law also provides that the home address of the surviving spouse or child of a peace officer, as specified, shall be withheld from public inspection for 3 years following the death of the peace officer. -This bill would require the department to discontinue holding a home address confidential, pursuant to the above provisions, for a child or spouse of specified persons if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony.","An act to amend Section 1808.4 of the Vehicle Code, relating to vehicles." -358,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 2.10 (commencing with Section 65891) is added to Chapter 4 of Division 1 of Title 7 of the Government Code, to read: -Article 2.10. Aquifer Protection -65891. -The Legislature finds and declares as follows: -(a) Groundwater provides substantial water supplies for many farms and communities across the state, particularly in drier years. While in some parts of the state groundwater is very well managed, in other parts there has been substantial groundwater overdraft. -(b) During California’s record drought, there has been a substantial increase in the extraction of groundwater resulting in impacts to aquifers. -(c) In 2014, California adopted landmark legislation, the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), to sustainably manage groundwater resources. The act will not be fully implemented for many years, allowing groundwater overdraft to continue in some regions. -(d) Despite the drought, there has been a substantial and dramatic increase in conversion of existing pastureland and nonirrigated lands to new permanent crops irrigated by new deep groundwater wells. In many parts of the central valley, these new orchards and groundwater wells have caused or contributed to existing groundwater wells drying up. These new groundwater wells exacerbate overdraft in some regions of the state and have harmed and will continue to harm groundwater supplies for existing farms and rural communities and the long-term viability of aquifers. -(e) A number of new developments also rely on individual new wells, further stressing overdrafted groundwater basins. -(f) The number of new wells supplying significant new demands for groundwater has resulted in alarming subsidence in many areas of California. Subsidence threatens statewide resources and infrastructure such as roads, highways, and aqueducts. Importantly, subsidence may also cause permanent damage to aquifers, threatening groundwater resources for future generations. -(g) The lack of protection for aquifers, existing groundwater users, and important infrastructure from the explosive increase in new wells is an issue of statewide importance and requires statewide regulation to avoid undesirable results to groundwater and statewide resources while local communities are working to comply with the provisions of the Sustainable Groundwater Management Act. Preventing undesirable results in a high- or medium-priority basin pursuant to this article and in furtherance of Section 113 of the Water Code is a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act applies to charter cities. -(h) This act is in furtherance of the policy contained in Section 2 of Article X of the California Constitution. -65891.1. -As used in this article: -(a) “Basin” has the meaning provided in Section 10721 of the Water Code. -(b) “Board” means the State Water Resources Control Board. -(c) “Bulletin 118” has the meaning provided in Section 10721 of the Water Code. -(d) “De minimis extractor” has the meaning provided in Section 10721 of the Water Code. -(e) “Department” means the Department of Water Resources. -(f) “Disadvantaged unincorporated community” has the meaning provided in Section 56033.5. -(g) “Groundwater” has the meaning provided in Section 10721 of the Water Code. -(h) “Groundwater extraction facility” has the meaning provided in Section 10721 of the Water Code. -(i) “Groundwater sustainability plan” has the meaning provided in Section 10721 of the Water Code. -(j) “High-priority basin,” “medium-priority basin,” “low-priority basin,” and “very low priority basin” have the same meaning as the categorization of a basin by the department pursuant to Section 10722.4 of the Water Code. -(k) “Primary drinking water standards” has the meaning provided in Section 116275 of the Health and Safety Code. -(l) “Probationary basin” has the meaning provided in Section 10735 of the Water Code. -(m) “Special act water district” means an agency created by statute to manage groundwater that is the exclusive local agency within its statutory boundaries with powers to comply with Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code as described in paragraph (1) of subdivision (c) of Section 10723 of the Water Code. -(n) “Undesirable result” has the meaning provided in Section 10721 of the Water Code. -65891.2. -(a) A city or county overlying a basin designated as a high- or medium-priority basin shall do both of the following: -(1) By January 1, 2018, establish a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility that requires an applicant for a groundwater extraction permit to demonstrate, based on substantial evidence, that extraction of groundwater from a proposed groundwater extraction facility will not contribute to or create an undesirable result. -(2) Prohibit the issuance of a groundwater extraction permit for a new groundwater extraction facility in either of the following: -(A) A probationary basin, except if the board determines that part of a probationary basin is being adequately managed, in which case the prohibition on the issuance of a groundwater extraction permit for a new groundwater extraction facility shall apply only to those portions of the probationary basin not adequately managed as determined by the board. -(B) A basin designated in Bulletin 118 as a basin subject to critical conditions of overdraft. -(b) A groundwater extraction permit for the development of a groundwater extraction facility shall not be required for any of the following: -(1) A de minimis extractor. -(2) The replacement of an existing groundwater extraction facility with a new groundwater extraction facility with the same or a lessor extraction capacity. For the purposes of this article, replacement includes the deepening of a groundwater extraction facility. -(3) A groundwater extraction facility constructed to provide drinking water to a water system for the purposes of public health. -(4) A groundwater extraction facility necessary for habitat or wetlands conservation. -(5) A groundwater extraction facility -necessary for a renewable energy project such as utility scale solar. -for a photovoltaic or wind energy generation facility approved on or after January 1, 2017, that demands less than 75 acre-feet of groundwater annually. -(6) A groundwater extraction facility integral to a groundwater conjunctive use or storage program operating under an approved California Environmental Quality Act document. -(c) A city or county overlying a basin designated as a low- or very low priority basin may adopt an ordinance establishing a process for the issuance of groundwater extraction permits for the development of a groundwater extraction facility in accordance with this section. -(d) A groundwater extraction facility in a high- or medium-priority basin shall not be developed without a valid groundwater extraction permit issued pursuant to this section. -65891.3. -(a) A city or county shall review an application for a groundwater extraction facility pursuant to the timelines established in the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)). -(b) A fee charged by a city or county to review an application for a groundwater extraction facility shall be determined in accordance with Sections 66014 and 66016. -65891.4. -This article does not require a city or county to establish a new process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility if the city or county has in effect an ordinance adopted before January 1, 2018, that imposes conditions on the development of a new groundwater extraction facility in order to prevent the new groundwater extraction facility from contributing to or creating an undesirable result. -65891.5. -This article does not require a city or county overlying a medium- or high-priority basin to have a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility on or after January 31, 2022, or once the department has evaluated a groundwater sustainability plan for the basin the city or county overlies and determined the plan to be adequate and likely to achieve the sustainability goal for the basin, whichever comes first. -65891.6. -(a) This article does not apply to a basin for which a court or the State Water Resources Control Board has adjudicated the rights to extract groundwater. -(b) This article does not apply -within the statutory boundaries of -to a basin, or any portion of a basin, managed by -a special act water -district. -district identified in paragraph (1) of subdivision (c) of Section 10723 of the Water Code. -(c) The Legislature finds and declares that the County of Napa’s groundwater conservation ordinance, Napa County Code Chapter 13.15, in conjunction with its water availability analysis policy adopted in May 2015, satisfies the purposes of the requirement in Section 65891.4. Accordingly, this article does not apply to a basin managed by the County of Napa if both the county’s groundwater conservation ordinance and its water availability analysis policy remain in effect in substantially the same form as they existed on January 1, 2016. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","The California Constitution requires the reasonable and beneficial use of water and that the conservation of the water resources of the state is to be exercised with a view to the reasonable and beneficial use of the water in the interest of the people and for the public welfare. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources and designated as subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. -This bill, by January 1, 2018, would require a city or county overlying a basin designated as a high- or medium-priority basin to establish a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility that requires an applicant for a groundwater extraction permit to demonstrate, based on substantial evidence, that extraction of groundwater from a proposed groundwater extraction facility will not contribute to or create an undesirable result, as prescribed. The bill would prohibit a groundwater extraction facility in a high- or medium-priority basin from being developed without a valid groundwater extraction permit, with certain exceptions. The bill would not require a city or county overlying a medium- or high-priority basin to have a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility on or after January 31, 2022, or once the department has evaluated a groundwater sustainability plan for the basin the city or county overlies and determined the plan to be adequate and likely to achieve the sustainability goal for the basin, whichever comes first. By increasing the duties of cities and counties, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Article 2.10 (commencing with Section 65891) to Chapter 4 of Division 1 of Title 7 of the Government Code, relating to land use." -359,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Over the next 10 years, the state faces a $59 billion shortfall to adequately maintain the state highway system in a basic state of good repair. -(b) The 21st Annual Highway Report by the Reason Foundation, published in September 2014, found the following: -(1) California has 50,462 lane miles of highways under the administration of the Department of Transportation (Caltrans). -(2) Overall, California spent $501,136 per state mile of highway, more than three times the national average, yet California’s state highway system ranks 45th in overall performance and cost effectiveness. -(3) California spent $102,889 per state mile of highway specifically on maintenance, nearly four times the national average. -(4) California spent $48,754 per state mile of highway specifically on administration, more than four times the national average. -(c) The Legislative Analyst’s Office recommended, in the Capital Outlay Support Program Review report issued in May 2014, that Caltrans should be held accountable for the delivery of State Highway Operation and Protection Program (SHOPP) projects by requiring the California Transportation Commission, acting in an independent oversight role, to review and approve individual SHOPP projects, allocate Capital Outlay Support Program funds for SHOPP, and report on Caltrans’ project delivery performance and Caltrans should also be required to provide necessary project information for SHOPP projects to the California Transportation Commission. -SEC. 2. -Section 13975 of the Government Code is amended to read: -13975. -There is in the state government the Transportation Agency. The agency consists of the Department of the California Highway Patrol, the -California Transportation Commission, the -Department of Motor Vehicles, the Department of Transportation, the High-Speed Rail Authority, and the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun. -SEC. 3. -Section 14500 of the Government Code is amended to read: -14500. -There is in -the Transportation Agency -state government -a California Transportation Commission. -The commission shall act in an independent oversight role. -SEC. 4. -Section 14526.5 of the Government Code is amended to read: -14526.5. -(a) Based on the asset management plan prepared and approved pursuant to Section 14526.4, the department shall -prepare -prepare, for review by the commission, -a state highway operation and protection program for the expenditure of transportation funds for major capital improvements that are necessary to preserve and protect the state highway system. Projects included in the program shall be limited to capital improvements relative to maintenance, safety, and rehabilitation of state highways and bridges that do not add a new traffic lane to the system. -As part of the programming process, the department shall program capital outlay support resources for each project in the program. -(b) The program shall include projects that are expected to be advertised prior to July 1 of the year following submission of the program, but which have not yet been funded. The program shall include those projects for which construction is to begin within four fiscal years, starting July 1 of the year following the year the program is submitted. -(c) The department, at a minimum, shall specify, for each project in the state highway operation and protection program, the capital and support budget, as well as a projected delivery date, for each of the following project components: -(1) Completion of project approval and environmental documents. -(2) Preparation of plans, specifications, and estimates. -(3) Acquisition of rights-of-way, including, but not limited to, support activities. -(4) Start of construction. -(d) The -program -department -shall -be submitted -submit its proposed program -to the commission not later than January 31 of each even-numbered year. Prior to submitting -the plan, the -its proposed program, the -department shall make a draft of its proposed program available to transportation planning agencies for review and comment and shall include the comments in its submittal to the commission. -The department shall provide the commission with detailed information for all programmed projects, including, but not limited to, cost, scope, and schedule. -(e) The commission -may -shall -review the -proposed -program relative to its overall adequacy, consistency with the asset management plan prepared and approved pursuant to Section 14526.4 and funding priorities established in Section 167 of the Streets and Highways Code, the level of annual funding needed to implement the program, and the impact of those expenditures on the state transportation improvement program. The commission shall adopt the program and submit it to the Legislature and the Governor not later than April 1 of each even-numbered year. The commission -may decline to adopt the program if the commission determines that the program is not sufficiently consistent with the asset management plan prepared and approved pursuant to Section 14526.4. -is not required to approve the program in its entirety, as submitted by the department, and may approve or reject individual projects programmed by the department. The commission shall adopt a program of approved projects and submit it to the Legislature and the Governor not later than April 1 of each even-numbered year. -(f) Expenditures for these projects shall not be subject to Sections 188 and 188.8 of the Streets and Highways Code. -(g) Following adoption of the state highway operation and protection program by the commission, any change in a programmed project’s cost, scope, or schedule shall be submitted by the department to the commission for its approval before the changes may be implemented. -SEC. 5. -Section 14534.1 of the Government Code is repealed. -14534.1. -Notwithstanding Section 12850.6 or subdivision (b) of Section 12800, as added to this code by the Governor’s Reorganization Plan No. 2 of 2012 during the 2011–12 Regular Session, the commission shall retain independent authority to perform those duties and functions prescribed to it under any provision of law.","(1) Existing law establishes in state government the Transportation Agency, which includes various departments and state entities, including the California Transportation Commission. Existing law vests the California Transportation Commission with specified powers, duties, and functions relative to transportation matters. Existing law requires the commission to retain independent authority to perform the duties and functions prescribed to it under any provision of law. -This bill would exclude the California Transportation Commission from the Transportation Agency, establish it as an entity in state government, and require it to act in an independent oversight role. The bill would also make conforming changes. -(2) Existing law requires the Department of Transportation to prepare a state highway operation and protection program every other year for the expenditure of transportation capital improvement funds for projects that are necessary to preserve and protect the state highway system, excluding projects that add new traffic lanes. The program is required to be based on an asset management plan, as specified. Existing law requires the department to specify, for each project in the program, the capital and support budget and projected delivery date for various components of the project. Existing law provides for the California Transportation Commission to review and adopt the program, and authorizes the commission to decline to adopt the program if it determines that the program is not sufficiently consistent with the asset management plan. -This bill would additionally require the department to program capital outlay support resources for each project in the program. The bill would provide that the commission is not required to approve the program in its entirety, as submitted by the department, and may approve or reject individual projects programmed by the department. The bill would require the department to submit any change in a programmed project’s cost, scope, or schedule to the commission for its approval.","An act to amend Sections 13975, 14500, and 14526.5 of, and to repeal Section 14534.1 of, the Government Code, relating to transportation." -360,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 13957.9 of the Government Code is amended to read: -13957.9. -(a) In addition to the authorization provided in Section 13957 and subject to the limitations set forth in Section 13957.2, the board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, reimbursement of the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by violence peer counseling services provided by a service organization for victims of violent crime, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions: -(1) The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000): -(A) A victim. -(B) A derivative victim who is the surviving parent, sibling, child, spouse, fiancé, or fiancée of a victim of a crime that directly resulted in the death of the victim. -(C) A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims. -(2) The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000): -(A) A derivative victim not eligible for reimbursement pursuant to paragraph (1), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim. -(B) A victim of a crime of unlawful sexual intercourse with a minor committed in violation of subdivision (d) of Section 261.5 of the Penal Code. A derivative victim of a crime committed in violation of subdivision (d) of Section 261.5 of the Penal Code shall not be eligible for reimbursement of mental health counseling expenses. -(C) A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime. -(3) The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by paragraph (1) or (2) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board. -(4) Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals: -(A) A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002. -(B) A person who is licensed by the state to provide those services, or who is properly supervised by a person who is so licensed, subject to the board’s approval and subject to the limitations and restrictions the board may impose. -(b) The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this amount may be increased to seventy thousand dollars ($70,000) if federal funds for that increase are available. -(c) For the purposes of this section, the following definitions shall apply: -(1) “Service organization for victims of violent crime” means a nonprofit and charitable organization that meets both of the following criteria: -(A) Its primary mission is to provide services to victims of violent crime. -(B) It provides programs or services to victims of violent crime and their families, and other programs, whether or not a similar program exists in an agency that provides additional services. -(2) “Violence peer counseling services” means counseling by a violence peer counselor for the purpose of rendering advice or assistance for victims of violent crime and their families. Any violence peer counseling services that fall under the scope of practice of the Licensed Marriage and Family Therapist Act (Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code), the Educational Psychologist Practice Act (Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code), the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code), and the Licensed Professional Clinical Counselor Act (Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code), which are not performed in an exempt setting as defined in Sections 4980.01, 4996.14, and 4999.22 of the Business and Professions Code, shall only be performed by a licensee or a registrant of the Board of Behavioral Sciences or other appropriately licensed professional, such as a licensed psychologist or board certified psychiatrist. -(3) “Violence peer counselor” means a provider of supportive and nonpsychotherapeutic peer counseling services who is employed by a service organization for victims of violent crime, whether financially compensated or not, and who meets all of the following requirements: -(A) Possesses at least six months of full-time equivalent experience in providing peer support services acquired through employment, volunteer work, or as part of an internship experience. -(B) Completed a training program aimed at preparing an individual who was once a mental health services consumer to use his or her life experience with mental health treatment, combined with other strengths and skills, to promote the mental health recovery of other mental health services consumers who are in need of peer-based services relating to recovery as a victim of a violent crime. -(C) Possesses 40 hours of training on all of the following: -(i) The profound neurological, biological, psychological, and social effects of trauma and violence. -(ii) Peace-building and violence prevention strategies, including, but not limited to, conflict mediation and retaliation prevention related to gangs and gang-related violence. -(iii) Post-traumatic stress disorder and vicarious trauma, especially as related to gangs and gang-related violence. -(iv) Case management practices, including, but not limited to, ethics and victim compensation advocacy. -(D) When providing violence peer counseling services, is supervised by a marriage and family therapist licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, a licensed educational psychologist licensed pursuant to Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code, a clinical social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, or a licensed professional clinical counselor licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code. For the purposes of this subparagraph, a licensed marriage and family therapist, licensed educational psychologist, licensed clinical social worker, or licensed professional clinical counselor shall be employed by the same service organization as the violence peer counselor. -(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally provides for the reimbursement of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law, until January 1, 2017, authorizes the board to grant from the fund for pecuniary losses, when the board determines it will best aid the person seeking compensation, reimbursement for outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, as specified. Existing law sets forth eligibility requirements and limits on the amount of compensation the board may award, and requires the application for compensation to be verified under penalty of perjury. -This bill would extend the board’s authority to grant reimbursement for those outpatient psychiatric, psychological, or other mental health counseling-related expenses until January 1, 2019. By expanding the authorization for the use of moneys in the Restitution Fund, a continuously appropriated fund, this bill would make an appropriation. Because an application for reimbursement is required to be submitted under penalty of perjury, this bill would expand the definition of a crime and thus impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 13957.9 of the Government Code, relating to crime victims, and making an appropriation therefor." -361,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25247 of the Health and Safety Code is amended to read: -25247. -(a) The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations. -(b) The department shall not approve the plan until at least one of the following occurs: -(1) The plan has been approved pursuant to Section 13227 of the Water Code. -(2) Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department. -(3) The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment. -(c) Any action taken by the department pursuant to this section is subject to Section 25204.5. -(d) (1) To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit. -(A) A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). -(B) Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action. -(C) For the purposes of subparagraph (B), a “significant modification” is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification. -(2) This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety. -(3) If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, pay the same fee specified in subparagraph (F) of paragraph (1) of subdivision (d) of Section 25205.7, or enter into a cost reimbursement agreement pursuant to subdivision (a) of Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement. -(4) In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions: -(A) File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement. -(B) Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment. -(C) Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement. -(e) Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d). -(f) On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d). -(g) If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the department’s regulations for the issuance of postclosure permits. -(h) Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment. -SEC. 1.5. -Section 25247 of the Health and Safety Code is amended to read: -25247. -(a) The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations. -(b) The department shall not approve the plan until at least one of the following occurs: -(1) The plan has been approved pursuant to Section 13227 of the Water Code. -(2) Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department. -(3) The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment. -(c) Any action taken by the department pursuant to this section is subject to Section 25204.5. -(d) (1) To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit. -(A) A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). -(B) Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action. -(C) For the purposes of subparagraph (B), a “significant modification” is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification. -(2) This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety. -(3) If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, enter into a cost reimbursement agreement pursuant to Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement. -(4) In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions: -(A) File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement. -(B) Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment. -(C) Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement. -(e) Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d). -(f) On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d). -(g) If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the department’s regulations for the issuance of postclosure permits. -(h) Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment. -SEC. 2. -Section 1.5 of this bill incorporates amendments to Section 25247 of the Health and Safety Code proposed by this bill, Assembly Bill 1611, and Senate Bill 839. It shall only become operative if (1) this bill and Assembly Bill 1611 or Senate Bill 839, or both of those bills, are enacted and become effective on or before January 1, 2017, (2) Assembly Bill 1611, Senate Bill 839, or both, as enacted, amend Section 25247 of the Health and Safety Code, and (3) this bill is enacted last of these bills that amend Section 25247 of the Health and Safety Code, in which case Section 25247 of the Health and Safety Code, as amended by Assembly Bill 1611 or Senate Bill 839, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative.","Existing law requires the owner or operator of a hazardous waste facility to submit hazardous waste facility closure and postclosure plans to the Department of Toxic Substances Control and to the California regional water quality control board for the region in which the facility is located. Existing law requires the department to review those plans and to approve a plan if it finds that the plan complies with the regulations adopted by the department and all other applicable state and federal regulations. Existing law requires the department to impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of a postclosure permit, or, only until January 1, 2009, through an enforcement order or an enforceable agreement, except as specified. -This bill would restore the authority of the department to impose those requirements through an enforcement order or an enforceable agreement and would require the department, on or before January 1, 2018, to adopt regulations to impose postclosure plan requirements. -This bill would incorporate additional changes to Section 25247 of the Health and Safety Code proposed by AB 1611 and SB 839 that would become operative if this bill and one or both of those bills are enacted and this bill is chaptered last.","An act to amend Section 25247 of the Health and Safety Code, relating to hazardous waste." -362,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the 2015 Realignment Legislation addressing justice reinvestment. -SEC. 2. -The Legislature finds and declares all of the following: -(a) The Legislature is committed to reducing recidivism among criminal offenders, ensuring that local governments have adequate funding to achieve this goal, and facilitating the responsible implementation of the criminal justice policies contained in the 2011 Realignment Legislation addressing public safety. -(b) California must continue to reinvest its criminal justice resources to support community-based corrections programs, evidence-based practices, and local correctional facilities in order to achieve improved public safety returns on this state’s substantial investment in its criminal justice system. -(c) Realigning low-level felony offenders who do not have prior convictions for serious, violent, or sex offenses to locally run community-based corrections programs, which are strengthened through community-based punishment, evidence-based practices, improved supervision strategies, and enhanced secured capacity, has the potential to improve public safety outcomes for adult felons and facilitate their reintegration back into society. However, local governments have indicated that current resources provided by the state to achieve these goals are inadequate. This lack of resources has resulted in deficiencies in bed space, evidence-based programs, and treatment options. Community-based corrections programs require additional funding to meet the level of need and provide an appropriate level of service for offender populations shifted as a result of the 2011 Realignment Legislation addressing public safety. -(d) By enacting the 2011 Realignment Legislation addressing public safety, the Legislature affirmed its commitment to justice reinvestment and stated that the purpose of justice reinvestment is to manage and allocate criminal justice populations more cost effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable. -(e) In order to properly implement the 2011 Realignment Legislation addressing public safety, it is the intent of the Legislature to fully commit to justice reinvestment by using identified state savings generated by the 2011 Realignment Legislation addressing public safety and any other necessary funds to provide local governments with maximum flexibility and adequate funding to manage these new offenders in the manner that is in the best interest of public safety, most appropriate to each county, and consistent with principles of justice reinvestment. -(f) The Department of Corrections and Rehabilitation published a document in April 2012 entitled “The Future of California Corrections,” sometimes referred to as the “Corrections Blueprint” or the “Blueprint,” detailing the department’s plan to implement the 2011 Realignment Legislation, address public safety, and save billions of dollars. The Department of Finance and the Department of Corrections and Rehabilitation published a report in January 2016 entitled “An Update to the Future of California Corrections,” which indicated that, after making certain specified adjustments, the Governor’s proposed budget for the Department of Corrections and Rehabilitation for the 2016–17 fiscal year is one billion three hundred million dollars ($1,300,000,000) less than the pre-Realignment, pre-Blueprint multiyear forecast for the Department of Corrections and Rehabilitation for the same fiscal year. Some or all of these savings, and any future savings, should be allocated to counties to mitigate the effects of the 2011 Realignment Legislation addressing public safety. -SEC. 3. -Chapter 6.4 (commencing with Section 30030) is added to Division 3 of Title 3 of the Government Code, to read: -CHAPTER 6.4. Realignment Reinvestment Fund -30030. -For purposes of this chapter, “realigned offenders” means offenders sentenced to a county jail or to mandatory supervision, or to both county jail and mandatory supervision, pursuant to subdivision (h) of Section 1170 of the Penal Code, offenders subject to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3 of the Penal Code, and any other offenders under county supervision whose supervision would have been the responsibility of the state if the 2011 Realignment Legislation addressing public safety had not been enacted. -30031. -(a) (1) The Realignment Reinvestment Fund is hereby established in the State Treasury. Moneys in the fund are continuously appropriated and shall be used exclusively for the purposes of this chapter. -(2) (A) Beginning in 2017, on or after July 1, and no later than August 31 of each year, the Director of Finance shall calculate both of the following: -(i) The actual net savings to the state for the immediately preceding fiscal year resulting from the 2011 Realignment Legislation addressing public safety. -(ii) An estimate of the net savings to the state for the current fiscal year resulting from the 2011 Realignment Legislation addressing public safety. -(B) For the calculation pursuant to clauses (i) and (ii) of subparagraph (A), the Director of Finance shall, to the extent possible, use the same methodology used to determine that the proposed 2016–17 budget for the Department of Corrections and Rehabilitation is one billion three hundred million dollars ($1,300,000,000) less than the adjusted multiyear forecast for 2016–17, as reflected on page 30 of the report published by the Department of Finance and the Department of Corrections and Rehabilitation in January 2016, entitled “An Update to the Future of California Corrections.” The Director of Finance shall use the same adjustments used in the report when making savings calculations, including adjustments for employee compensation, retirement contributions, Proposition 98 funding, and the activation of the California Health Care facility. -(3) For the 2016–17 fiscal year, the Controller shall transfer one billion three hundred million dollars ($1,300,000,000) from the General Fund to the Realignment Reinvestment Fund for allocation pursuant to paragraph (5). -(4) Beginning with the 2017–18 fiscal year, and each fiscal year thereafter, the Controller shall transfer an amount equal to the difference between the amount identified in subparagraph (A) and the amount identified in subparagraph (B) from the General Fund to the Realignment Reinvestment Fund for allocation pursuant to paragraph (5). -(A) The estimate of net savings for the current fiscal year calculated pursuant to clause (ii) of subparagraph (A) of paragraph (2). -(B) An adjustment for the immediately preceding fiscal year that is the result of subtracting the amount calculated pursuant to clause (i) of subparagraph (A) of paragraph (2) for that fiscal year from the amount estimated pursuant to clause (ii) of subparagraph (A) of paragraph (2) for that fiscal year. -(5) The Controller shall annually allocate moneys in the Realignment Reinvestment Fund, no later than September 1 of each year, to each county and city and county for deposit in the county’s or city and county’s Realignment Reinvestment Services Account proportionally based on the average daily population of realigned offenders under each county’s supervision for the immediately preceding fiscal year. The Controller shall consult with the Board of State and Community Corrections to determine the average daily population for each county. -(b) There shall be established in each county or city and county treasury a Realignment Reinvestment Services Account to receive all amounts allocated to a county or city and county for purposes of implementing this chapter. -(c) (1) Each county local Community Corrections Partnership established pursuant to subdivision (b) of Section 1230 of the Penal Code shall recommend a comprehensive, locally run supplemental community-based corrections plan to the county board of supervisors. The purpose of the plan shall be to improve the outcomes of the 2011 Realignment Legislation addressing public safety. The plan may include, but shall not be limited to, mental health programs, substance abuse programs, transitional housing programs, job placement programs, improved supervision strategies, community-based punishment programs, increased law enforcement staffing in cities and counties, county jail construction, maintenance, and operation, assessment and criminal prosecution of realigned offenders, and supervision or aftercare for offenders sentenced pursuant to subdivision (h) of Section 1170 of the Penal Code and offenders subject to postrelease community supervision pursuant to Section 3451 of the Penal Code. -(A) The supplemental community-based corrections plan may include, but shall not be limited to, all of the following components: -(i) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and other services that specifically target realigned offenders and their families. -(ii) An identification and prioritization of the neighborhoods and other areas in the community that face a significant public safety risk from realigned offenders and associated crimes, including, but not limited to, gang activity, burglary, robbery, vandalism, controlled substances sales, firearm-related violence, and substance abuse. -(iii) A local action strategy that provides for a continuum of responses to crime and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for realigned offenders. -(iv) A schedule of programs identified in clause (iii) that are proposed to be funded pursuant to this subparagraph, including the projected amount of funding for each program. -(v) An accounting of the number of new crimes or violations committed by realigned offenders. -(vi) An evaluation of existing services and any gaps that may exist in those services. -(B) Programs proposed to be funded shall satisfy all of the following requirements: -(i) Be based on evidence-based programs and approaches that have been demonstrated to be effective in reducing crime or programs that improve public safety through incapacitation, prosecution, or treatment of realigned offenders. -(ii) Employ information sharing systems to ensure that county and city actions are fully coordinated and designed to provide data for measuring the success of programs and strategies. -(C) The plan shall also identify the specific objectives of the programs proposed for funding and specified outcome measures to determine the effectiveness of the programs and contain an accounting for all program participants, including those who do not complete the programs. Outcome measures of the programs proposed to be funded shall include, but not be limited to, all of the following when that data is available and relevant to the program: -(i) The rate of arrests per 100,000 population. -(ii) The rate of successful completion of probation and postrelease community supervision. -(iii) The rate of successful completion of restitution and court-ordered community service responsibilities. -(iv) Arrest, incarceration, and probation violation rates of realigned offenders and other program participants. -(v) Quantification of the annual per capita costs of the program. -(D) To assess the effectiveness of programs funded pursuant to this paragraph using the program outcome criteria specified in subparagraph (C), the following periodic reports shall be submitted: -(i) Each county or city and county shall report, beginning October 15, 2017, and annually each October 15 thereafter, to the county board of supervisors and the Board of State and Community Corrections, in a format specified by the board, on the programs funded pursuant to this chapter and program outcomes as specified in subparagraph (C). -(ii) The Board of State and Community Corrections shall compile the local reports and, by March 15, 2018, and by March 15 of each year thereafter, make a report to the Governor and the Legislature on program expenditures within each county and city and county funded pursuant to this section and on the outcomes as specified in subparagraph (C). A report submitted pursuant to this clause shall be submitted in compliance with Section 9795 of the Government Code. -(2) The supplemental community-based corrections plan shall be voted on by an executive committee of each county’s Community Corrections Partnership consisting of the chief probation officer of the county as chair, a chief of police, the sheriff, the district attorney, the public defender, the presiding judge of the superior court, or his or her designee, and one department representative listed in either subparagraph (G), (H), or (J) of paragraph (2) of subdivision (b) of Section 1230 of the Penal Code, as designated by the county board of supervisors for purposes related to the development and presentation of the plan. -(3) If a supplemental community-based corrections plan has been previously approved by a county’s or city and county’s local Community Corrections Partnership, the plan shall be reviewed annually and modified as needed. -(4) The supplemental community-based corrections plan or modified supplemental community-based corrections plan shall be deemed accepted by the county board of supervisors unless the board rejects the plan by a vote of four-fifths of the board, in which case the plan shall go back to the Community Corrections Partnership for further consideration. -(5) The supplemental community-based corrections plan or modified supplemental community-based corrections plan shall be submitted to the Board of State and Community Corrections no later than October 15 of each year. -(d) The Controller shall allocate funds to local jurisdictions for public safety in accordance with this section as described in subdivision (a). -(e) Funds allocated pursuant to subdivision (c) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met the requirement of this subdivision shall remit the unspent moneys in the Realignment Reinvestment Services Account to the Controller for deposit in the Realignment Reinvestment Fund. -(f) Beginning in 2017, and no later than May 1 of each year, the Director of Finance shall, in consultation with the Legislative Analyst, develop an estimate of the cost avoidances expected to be realized by the Department of Corrections and Rehabilitation in the current fiscal year that are a result of the 2011 Realignment Legislation addressing public safety and report those estimates to the chairpersons of the committees in each house of the Legislature that consider appropriations and to the Chairperson of the Joint Legislative Budget Committee. A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. The Legislature may consider each year whether to appropriate funds in augmentation of the moneys otherwise allocated pursuant to this chapter in an amount up to and including the amount of cost avoidances reported pursuant to this subdivision. -30032. -(a) Moneys allocated from a Realignment Reinvestment Services Account to a recipient entity shall be expended exclusively for services included in the county’s or city and county’s supplemental community-based corrections plan. These moneys shall supplement existing services and shall not be used to supplant any existing funding for law enforcement services or programs or activities included in the supplemental community-based corrections plan provided by that entity. -(b) In no event shall any moneys allocated from the county’s or city and county’s Realignment Reinvestment Services Account be expended by a recipient entity to fund any of the following: -(1) Administrative overhead costs in excess of 1 percent of a recipient entity’s Realignment Reinvestment Services Account allocation for that fiscal year. -(2) The costs of any capital project or construction project that does not directly support programs or activities included in the supplemental community-based corrections plan. -(c) For purposes of this section, both of the following shall apply: -(1) A “recipient entity” is that entity that actually incurs the expenditures of Realignment Reinvestment Services Account funds allocated pursuant to subdivision (c) of Section 30301. -(2) Administrative overhead costs shall only be charged by the recipient entity, as defined in paragraph (1), up to 1 percent of its Realignment Reinvestment Services Account allocation. -30033. -The moneys in the Realignment Reinvestment Services Account established pursuant to subdivision (b) of Section 30031 in each county or city and county shall be expended exclusively as required by this chapter. Moneys allocated from the account shall not be transferred to, or commingled with, the moneys in any other fund in the county or city and county treasury, except that moneys may be transferred from the account to the county’s or city and county’s general fund to the extent necessary to facilitate the appropriation and expenditure of those transferred moneys in the manner required by this chapter. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SECTION 1. -Section 8585.05 of the -Government Code -is amended to read: -8585.05. -Unless the context otherwise requires, for the purposes of this article, the following definitions shall apply: -(a)“Agency” or “office” means the Office of Emergency Services. -(b)“California Emergency Management Agency” means the Office of Emergency Services. -(c)“Director” or “secretary” means the Director of Emergency Services.","(1) Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, requires that certain specified felonies be punished by a term of imprisonment in a county jail for 16 months, or 2 or 3 years, and provides for postrelease community supervision by county officials for persons convicted of certain specified felonies upon release from prison or county jail. As part of the realignment of public safety services to local agencies, existing law establishes the Local Revenue Fund 2011 into which specified tax revenues are deposited and are continuously appropriated for the provision of public safety services, as defined. -This bill, the 2015 Realignment Legislation addressing justice reinvestment, would establish the Realignment Reinvestment Fund in the State Treasury as a continuously appropriated fund. The bill would require the Director of Finance to annually calculate the net savings to the state for the prior fiscal year and an estimate of the net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, as specified. The bill would require the Controller to transfer $1,300,000,000 from the General Fund to the Realignment Reinvestment Fund for the 2016–17 fiscal year, thereby making an appropriation. The bill would, beginning in the 2017–18 fiscal year, and each fiscal year thereafter, require the Controller to transfer an amount equal to the estimate of net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, adjusted by the difference between the preceding year’s estimate and the calculated prior fiscal year net savings, thereby making an appropriation. -The bill would require the Controller to annually allocate moneys in the Realignment Reinvestment Fund, no later than September 1 of each year, to each county for deposit in the county’s Realignment Reinvestment Services Account proportionally, based on the average daily population of realigned offenders under each county’s supervision for the preceding fiscal year. The bill would require the Controller to consult with the Board of State and Community Corrections to determine the average daily population for each county. -The bill would require a Realignment Reinvestment Services Account to be established in each county treasury. The bill would require the moneys be used to implement a comprehensive, locally run, supplemental community-based corrections plan, as specified. The bill would require the supplemental community-based corrections plan to be developed by each county’s local Community Corrections Partnership and to be voted on by an executive committee of each county’s Community Corrections Partnership, as specified. The bill would deem the supplemental community-based corrections plan accepted by the county board of supervisors unless the board rejects the plan by a -4/5 -vote. The bill would require each county or city and county to annually report to the county board of supervisors and the Board of State and Community Corrections on the programs funded pursuant to these provisions, as specified. By imposing additional duties on local officials, this bill would impose a state-mandated local program. -The bill would require the Director of Finance, in consultation with the Legislative Analyst, to develop a yearly estimate of the cost avoidances expected to be realized by the Department of Corrections and Rehabilitation that are a result of the 2011 Realignment Legislation and would require the director to report those estimates to the Legislature, as provided. -The bill would require that moneys allocated from a Realignment Reinvestment Services Account be expended exclusively for purposes of the bill’s provisions. The bill would require that funds received pursuant to its provisions be expended or encumbered no later than June 30 the following year and would require unspent moneys to be remitted for deposit in the Realignment Reinvestment Fund. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -The California Emergency Services Act, among other things, establishes the Office of Emergency Services within the office of the Governor, under the charge of a Director of Emergency Services appointed by the Governor. The act and other existing law set forth the duties and authority of the office and the director with respect to specified emergency preparedness, mitigation, and response activities within the state. -This bill would make nonsubstantive changes to the act.","An act to amend Section 8585.05 of the Government Code, relating to emergency services. -An act to add Chapter 6.4 (commencing with Section 30030) to Division 3 of Title 3 of the Government Code, relating to criminal justice realignment, and making an appropriation therefor." -363,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 1.5 (commencing with Section 6033) is added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read: -Article 1.5. Criminal Justice Reinvestment Assessment Grant Program of 2016 -6033. -This article shall be known, and may be cited, as the Criminal Justice Reinvestment Assessment Grant Program of 2016. -6033.2. -The Legislature finds and declares all of the following: -(a) The Legislature is committed to reducing recidivism among criminal offenders, ensuring that local governments have adequate funding to achieve this goal, and facilitating the responsible implementation of the criminal justice policies contained in the 2011 Realignment Legislation addressing public safety. -(b) By enacting the 2011 Realignment Legislation addressing public safety, the Legislature affirmed its commitment to justice reinvestment and stated that the purpose of justice reinvestment is to manage criminal justice populations more cost effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable. -(c) The 2011 Realignment Legislation addressing public safety represents a significant shift of responsibilities. However, the quick and unanticipated nature of the passage of this legislation, in combination with broad county discretion in its implementation, offers a unique opportunity to identify best practices in community corrections and the impacts of correctional decentralization. -(d) The 2011 Realignment Legislation addressing public safety did not require counties to collect data on outcome measures, nor did it provide specific resources for data collection that if adequately funded and properly implemented would allow policymakers, researchers, stakeholders, and counties to take advantage of the historic opportunity to study and evaluate the changing felon population and the strategies and interventions that counties employ to reduce recidivism. -(e) The Bureau of State Audits’ September 2013 High Risk report identified the 2011 realignment of criminal justice responsibilities between the state and counties as a “high-risk” policy, citing a lack of “reliable and meaningful realignment data to ensure [the state’s] ability to effectively monitor progress toward achieving intended realignment goals.” -(f) The Department of Corrections and Rehabilitation published a document in April 2012 entitled “The Future of California Corrections,” sometimes referred to as the “Corrections Blueprint” or the “Blueprint,” detailing the department’s plan to implement the 2011 Realignment Legislation, address public safety, and save billions of dollars. The Department of Finance and the Department of Corrections and Rehabilitation published a report in January 2016 entitled “An Update to the Future of California Corrections,” which indicated that after making certain specified adjustments the Governor’s proposed budget for the Department of Corrections and Rehabilitation for the 2016–17 fiscal year is one billion three hundred million dollars ($1,300,000,000) less than the pre-Realignment, pre-Blueprint multi-year forecast for the Department of Corrections and Rehabilitation for the same fiscal year. It is the intent of the Legislature to reinvest some or all of these savings in programs that reduce criminal recidivism, including a program to establish and implement reporting systems that are necessary to facilitate the identification and expansion of programs that provide proven evidence-based local programming opportunities for the successful reintegration of offenders into society. -6033.4. -(a) The Criminal Justice Reinvestment Assessment Grant Program of 2016, which is hereby established, shall be administered by the Board of State and Community Corrections for the purpose of establishing and implementing reporting systems to identify and expand programs that provide proven, evidence-based, local programming opportunities for the successful reintegration of offenders into society. The board shall award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. -(b) For purposes of this article, “board” means the Board of State and Community Corrections. -6033.6. -(a) On or before June 1, 2016, each local community corrections partnership established pursuant to Section 1230 shall report to the board on the county’s capacity to collect and report the data required by Sections 6033.10 and 6033.12. The report shall include a local plan that identifies the additional resources necessary for that county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. -(b) The board shall review each assessment submitted pursuant to subdivision (a) and shall prioritize and award grants pursuant to Section 6033.8. Funding shall be used to supplement, rather than supplant, existing programs. Grant funds shall be used for programs that are identified in the local plan submitted pursuant to subdivision (a). -(c) The board shall submit to the Legislature on or before June 15, 2016, a report detailing the estimated need, cost, and schedule for each county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. The report shall be submitted in compliance with Section 9795 of the Government Code. -6033.8. -(a) The board shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following: -(1) Size of the county. -(2) Demonstrated efforts to report data prior to January 1, 2017. -(3) Demonstrated ability to report data prior to January 1, 2017. -(b) The board shall give preference to counties that have demonstrated efforts to independently collect data on a countywide basis. -6033.10. -(a) On or before January 1, 2017, and annually each year thereafter, each county shall report specified data to the board in a format prescribed by the board. The board shall specify and define minimum required reporting which shall include, but not be limited to, the following for each individual sentenced pursuant to subdivision (h) of Section 1170: -(1) Individual identifiers. -(2) County identifiers. -(3) Date of birth. -(4) Gender. -(5) Race or ethnicity. -(6) Age at first arrest. -(7) Conviction offense. -(8) Sanction or sentence received. -(9) Total jail time served. -(10) Release status. -(11) Violations of probation. -(12) Rearrests. -(13) Reconvictions. -(14) Any other return to custody. -(15) Use of flash incarceration. -(16) Assessed risk level. -(17) Participation in pretrial programs. -(18) Participation in specialty court. -(19) Participation in day reporting release programs. -(20) Participation in electronic monitoring programs. -(21) Participation in community service release programs. -(22) Participation in work release programs. -(23) Participation in intensive probation supervision. -(24) Needs assessment. -(25) Any reentry programming provided. -(26) Participation in cognitive behavioral therapy. -(27) Participation in mental health treatment. -(28) Participation in substance abuse treatment. -(29) Participation in gender-specific programming. -(30) Participation in family programming. -(31) Any health care assistance provided. -(32) Any housing assistance provided. -(33) Any income support provided. -(34) Any employment assistance provided. -(35) Any vocational training assistance provided. -(36) Any educational enrollment assistance provided. -(37) Any mentoring programming provided. -(38) Any peer support programming provided. -(b) The board shall compile the local reports and, by May 15, 2017, and, notwithstanding Section 10231.5 of the Government Code, by May 15 of each year thereafter, make a report to the Governor and the Legislature that summarizes the data reported by the counties pursuant to subdivision (a). The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. -6033.12. -(a) On or before January 1, 2017, and annually each year thereafter, each county shall provide specified data to the board in a format prescribed by the board. The board shall specify and define minimum required reporting which shall include, but not be limited to, the following for each individual supervised pursuant to Section 3451: -(1) Violations of postrelease community supervision. -(2) Rearrests. -(3) Reconvictions. -(4) Any other return to custody. -(5) Use of flash incarceration. -(6) Participation in intensive probation supervision. -(7) Any reentry programming provided. -(8) Participation in cognitive behavioral therapy and whether the individual has completed or failed to complete the therapy’s requirements. -(9) Participation in mental health treatment and whether the individual has completed or failed to complete the treatment’s requirements. -(10) Participation in substance abuse treatment and whether the individual has completed or failed to complete the treatment’s requirements. -(11) Participation in gender-specific programming. -(12) Participation in family programming. -(13) Any health care assistance provided. -(14) Any housing assistance provided. -(15) Any income support provided. -(16) Any employment assistance provided. -(17) Any vocational training assistance provided. -(18) Any educational enrollment assistance provided. -(19) Any mentoring programming provided. -(20) Any peer support programming provided. -(b) The board shall compile the local reports and, by May 15, 2017, and, notwithstanding Section 10231.5 of the Government Code, by May 15 of each year thereafter, make a report to the Governor and the Legislature that summarizes the data reported by the counties pursuant to subdivision (a). The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. -6033.14. -(a) The amount of ____ dollars ($____) is hereby appropriated from the General Fund to the board for the 2016−17 fiscal year for the purpose of implementing this article. -(b) The board may award up to the amount of the appropriation, less the board’s administrative costs, not to exceed 5 percent of the total grant funding awarded statewide, as individual grants not exceeding ____to counties to assist in establishing data reporting systems that will allow a county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to ensure that relevant data pertaining to the 2011 Realignment Legislation addressing public safety are collected and reported as soon as possible to allow stakeholders to measure the effectiveness of this landmark change in public safety policy, it is necessary that this bill go into immediate effect. -SECTION 1. -Section 487 of the -Penal Code -is amended to read: -487. -Grand theft is theft committed in any of the following cases: -(a)When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b). -(b)Notwithstanding subdivision (a), grand theft is committed in any of the following cases: -(1)(A)When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250). -(B)For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), the value may be shown by the presentation of credible evidence that establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value. -(2)When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250). -(3)Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period. -(c)When the property is taken from the person of another. -(d)When the property taken is any of the following: -(1)An automobile. -(2)A firearm.","Existing law requires the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, as specified. Existing law requires the board, in consultation with certain individuals, including a county supervisor or county administrative officer, a county sheriff, and the Secretary of the Department of Corrections and Rehabilitation, to develop definitions of specified key terms in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based programs. -This bill would enact the Criminal Justice Reinvestment Assessment Grant Program of 2016. The bill would require the grant program to be administered by the Board of State and Community Corrections for the purpose of establishing and implementing reporting systems to identify and expand programs that provide proven, evidence-based, local programming opportunities for the successful reintegration of offenders into society. -The bill would authorize the board to award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report specified criminal justice information. The bill would require each local community corrections partnership, on or before June 1, 2016, to report to the board on the county’s capacity to collect and report the data required. The bill requires the board to review each assessment and to prioritize and award grants to the counties. -The bill would require each county to report specified data to the board, on or before January 1, 2017, and annually thereafter, pertaining to offenders sentenced as felons to serve in local correctional facilities and felons released from prison to community supervision. The bill would require the board to summarize these data and report the summaries to the Governor and the Legislature, on or before May 15, 2017, and annually thereafter. -By imposing data collection and reporting duties on local governments, this bill would impose a state-mandated local program. -The bill would appropriate an unspecified sum to the board for purposes of funding the grants. The bill would state findings and declarations of the Legislature regarding criminal justice realignment. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -The bill would declare that it is to take effect immediately as an urgency statute. -Existing law defines grand theft as the wrongful taking of money, labor, or property of a value exceeding $950, except as specified. -This bill would make technical, nonsubstantive changes to that provision.","An act to amend Section 487 of the Penal Code, relating to theft. -An act to add Article 1.5 (commencing with Section 6033) to Chapter 5 of Title 7 of Part 3 of the Penal Code, relating to corrections, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately." -364,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7200 of the Business and Professions Code is amended to read: -7200. -(a) There is in the Department of Consumer Affairs a State Board of Guide Dogs for the Blind in whom enforcement of this chapter is vested. The board shall consist of seven members appointed by the Governor. One member shall be the Director of Rehabilitation or his or her designated representative. The remaining members shall be persons who have shown a particular interest in dealing with the problems of persons who are blind or visually impaired and at least three of them shall be persons who are blind or visually impaired who use guide dogs. -(b) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. -SEC. 2. -Section 7200.5 of the Business and Professions Code is amended to read: -7200.5. -(a) The board shall have exclusive authority in this state to issue licenses for the instruction of persons who are blind or visually impaired in the use of guide dogs and for the training of guide dogs for use by persons who are blind or visually impaired. It shall also have exclusive authority in this state to issue licenses to operate schools for the training of guide dogs and the instruction of persons who are blind or visually impaired in the use of guide dogs. -(b) (1) Notwithstanding any other law, whenever an individual has received training or instruction from a school outside of this state that is certified by the International Guide Dog Federation or a successor entity, as determined by the board, personnel from that school may provide, in this state, any followup services to that individual with respect to the specific guide dog for whom training or instruction was originally provided outside of this state. The personnel from that school shall notify the board on a form prescribed by the board not less than three business days prior to the time the personnel arrive in this state of their intent to provide followup services. If those services are to be provided due to emergency circumstances, as determined by the school, notification may be provided within 24 hours after the personnel arrive in this state. For purposes of making that determination, emergency circumstances include, but are not limited to, injury to a dog that requires determination as to whether it remains safe for the dog to continue working, an accident involving the dog, or certain sudden changes in behavior that imperil the safety of the handler. The board shall permit the personnel to provide the notification electronically and shall not require the personnel to notify the board of the name of the individual who will be receiving the followup services. However, the board may require a school to provide the name of the individual to whom services have been provided if needed for purposes of investigating the personnel from that school who provided these services, so long as the investigation is conducted based upon reasonable grounds for determining that personnel may have provided substandard care. -(2) (A) Except as provided in subparagraph (B), prior to providing followup services pursuant to paragraph (1), personnel shall have fingerprints on file with the board. -(B) Notwithstanding subparagraph (A), if the followup services are provided under emergency circumstances personnel shall have one business day after coming in to the state to meet the requirements of that subparagraph. -(3) Whenever followup services are provided pursuant to paragraph (1), the out-of-state school shall provide written information to the guide dog handler concerning the provisions of this subdivision. -(4) The board may refuse to allow personnel to provide followup services if the personnel have committed any act described in Section 7211.9. During the time the personnel provide followup services to the individual, the personnel shall be subject to the disciplinary jurisdiction of the board, which may include a citation and fine pursuant to the board’s rules and regulations or any other disciplinary action which could be brought against a licensed instructor. -SEC. 3. -Section 7215.7 is added to the Business and Professions Code, to read: -7215.7. -(a) The board shall prepare a factsheet that shall contain all of the following: -(1) A description of the purposes served by the board. -(2) A description of the board’s role in assisting guide dog users who are victims of alleged guide dog discrimination. -(3) A description of the board’s arbitration procedure under Section 7215.6. -(b) The board shall post the factsheet on its Internet Web site and provide copies to each guide dog school licensed pursuant to this chapter. A school licensed under this chapter shall provide a copy of the factsheet to every student receiving training from that school. -(c) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind, which is comprised of 7 members appointed by the Governor. -Existing law requires 2 of the board members to be persons who are blind or visually impaired who use guide dogs. -This bill would instead require at least 3 board members to be persons who are blind or visually impaired who use guide dogs. -Under existing law, the board has exclusive authority in this state to issue licenses for the instruction of persons who are blind or visually impaired in the use of guide dogs and for the training of guide dogs for use by persons who are blind or visually impaired. Under existing law, the board also has exclusive authority in this state to issue licenses to operate schools for the training of guide dogs and the instruction of persons who are blind or visually impaired in the use of guide dogs. Existing law makes it unlawful for any person to sell, offer for sale, give, hire, or furnish under any other arrangement, any guide dog or to engage in the business or occupation of training a guide dog unless he or she holds a valid and unimpaired license issued pursuant to the provisions governing guide dogs. A violation of those provisions is a crime. -This bill, whenever an individual has received training or instruction from a specified certified school outside of this state, would authorize personnel from that school to provide that individual with any followup services within this state with respect to the specific guide dog for whom training or instruction was originally provided outside of this state, as specified. The bill would require the personnel, not less than 3 days prior to arriving in this state, to notify the board of their intent to provide those services. -This bill would, if specified conditions are met, authorize followup emergency services. If those services are to be provided due to emergency circumstances, as determined by the school based on specified examples, the bill would authorize that notice to be provided within 24 hours after the personnel arrive in this state. The bill would prohibit the board from requiring the school to provide the name of the individual who will be receiving followup services, however, it would permit the board to require a school to provide the name of the individual to whom services have been provided to investigate personnel providing those services, so long as the investigation is based on reasonable grounds for determining that personnel may have provided substandard care. The bill would also authorize the board to refuse to allow personnel who have committed certain acts for which the board could suspend or revoke a license to provide those services, and would place those personnel under the disciplinary jurisdiction of the board while they provide those services. The bill, until January 1, 2018, would require the board to prepare a factsheet regarding various functions of the board, to post that factsheet on its Internet Web site, and to provide copies to each of the licensed guide dog schools. The bill, until January 1, 2018, would also require a licensed guide dog school to provide copies of the factsheet to every student receiving training from that school. Because the failure of a licensed guide dog school to provide those copies and the failure of personnel to provide that notification would be a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 7200 and 7200.5 of, and to add and repeal Section 7215.7 of, the Business and Professions Code, relating to professions and vocations." -365,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares: -(1) California’s complex freight transportation system is responsible for one-third of the state’s economy and jobs, with freight-dependent industries accounting for over $700 billion in revenue and over 5 million jobs in 2013, and is home to the largest gateway for international trade and domestic commerce in the nation, with an interconnected system of ports, railroads, highways, and roads that allow goods from around the world to move throughout the state. -(2) Significant investments in freight inssions technology at California’s public seaports and to eliminate taxes imposed on the purchase of that equipment that further increase the costs of purchasing and maintaining zero-emission equipment and supporting infrastructure, which are already of significantly greater expense than conventional equipment and infrastructure. -SEC. 2. -Section 6377.5 is added to the Revenue and Taxation Code, to read: -6377.5. -(a) On or after January 1, 2017, and before January 1, 2030, there are exempted from the taxes imposed by this part the gross receipts from the sale of, and the storage, use, or other consumption in this state of, any of the following: -(1) Qualified tangible personal property purchased for use by a qualified person to be used primarily in, at, or on a marine terminal of a California public port for carriage, handling, or movement of freight, cargo, and goods. -(2) Qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test any qualified tangible personal property described in paragraph (1). -(b) For purposes of this section: -(1) “Primarily” means 50 percent or more of the time. -(2) “Qualified person” means a person that is a stevedore, marine terminal operator, operator of a -port -port, rail ramp, rail yard, intermodal facility, -or freight yard, or any other person that is engaged in cargo and freight loading, delivery, movement, storage, and conveyance at or within a California public seaport. -(3) “Qualified tangible personal property” includes both of the following: -(A) All zero-emission or near-zero-emission equipment used in conjunction with the movement of goods or freight, including, but not limited to, computers, data-processing equipment, and computer software, required to operate, control, regulate, or maintain the zero-emission or near-zero-emission equipment, together with all repair and replacement parts with a useful life of one or more years therefor, whether purchased separately or in conjunction with the equipment and regardless of whether the machine or component parts are assembled by the qualified person or another party. -(B) Special purpose buildings and foundations used as an integral part of the process of utilization of zero-emission equipment or near-zero-emission equipment constitute qualified tangible personal property to the extent that the sale of, or storage, use, or other consumption is subject to the imposition of sales or use tax. -(4) “Zero-emission or near-zero-emission equipment” means equipment, -off-road -vehicles, and related technologies used -at a -within the boundaries of a -California public seaport that reduce or eliminate greenhouse gas emissions and improve air quality when compared with conventional or fully commercialized alternatives, as identified by the State Air Resources Board in consultation with the State Energy Resources Conservation and Development Commission. “Zero-emission and near-zero-emission equipment” may include, but is not limited to, enabling technologies that provide a pathway to emission reductions, advanced or alternative fuel engines, and hybrid or alternative fuel technologies for seaport equipment. -(c) An exemption shall not be allowed under this section unless the purchaser furnishes the retailer with an exemption certificate, completed in accordance with any instructions or regulations as the board may prescribe, and the retailer retains the exemption certificate in its records and furnishes it to the board upon request. -(d) (1) Notwithstanding the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section shall not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws. -(2) Notwithstanding subdivision (a), the exemption established by this section shall not apply with respect to any tax levied pursuant to Section 6051.2 or 6201.2, pursuant to Sections 35 and 36 of Article XIII of the California Constitution, or any tax levied pursuant to Sections 6051 or 6201 that is deposited in the State Treasury to the credit of the Local Revenue Fund 2011 pursuant to Sections 6051.15 or 6201.15. -(e) Notwithstanding subdivision (a), the exemption provided by this section shall not apply to any sale or storage, use, or other consumption of property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) to some other use not qualifying for exemption, or otherwise used in a manner not qualifying for exemption. -(f) This section shall apply to leases of qualified tangible personal property classified as “continuing sales” and “continuing purchases” in accordance with Sections 6006.1 and 6010.1. The exemption established by this section shall apply to the rentals payable pursuant to the lease, provided the lessee is a qualified person and the tangible personal property is qualified tangible personal property used in an activity described in subdivision (a). -(g) (1) Upon the effective date of this section, the Department of Finance shall estimate the total dollar amount of exemptions that will be taken for each calendar year, or any portion thereof, for which this section provides an exemption. -(2) No later than each March 1 next following a calendar year for which this section provides an exemption, the board shall provide to the Joint Legislative Budget Committee a report of the total dollar amount of exemptions taken under this section for the immediately preceding calendar year. The report shall compare the total dollar amount of exemptions taken under this section for that calendar year with the department’s estimate for that same calendar year. If that total dollar amount taken is less than the estimate for that calendar year, the report shall identify options for increasing exemptions taken so as to meet estimated amounts. -SEC. 3. -This act provides for a tax levy within the meaning of Article IV of the -California -Constitution and shall go into immediate effect.","Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provides various exemptions from those taxes. -The bill would exempt from those taxes, on and after January 1, 2017, and before January 1, 2030, the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased by a qualified person, as defined, for use primarily in, at, or on a marine terminal or qualified tangible personal property used primarily to maintain, repair, or test the above-described equipment, as provided. The bill would require the purchaser to furnish the retailer with an exemption certificate, as specified. -The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in conformity with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws. -This bill would specify that this exemption does not apply to local sales and use taxes, transactions and use taxes, and specified state taxes from which revenues are deposited into the Local Public Safety Fund, the Education Protection Account, the Local Revenue Fund, or the Local Revenue Fund 2011. -This bill would take effect immediately as a tax levy.","An act to add Section 6377.5 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -366,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10003 is added to the Welfare and Institutions Code, to read: -10003. -(a) It shall be the responsibility of a recipient of aid pursuant to this division changing residence from one county to another to promptly notify either the county from which he or she moves or the county to which he or she moves of the change of residence. Recipients of CalWORKs, CalFresh, or Medi-Cal shall have the option to report a change of residence in person, in writing, telephonically, or, if the technology is available, electronically online and shall be advised of these options at the time of application and redetermination or recertification. Within seven business days of notice of a new residence, the notified county shall initiate an intercounty transfer for all benefits under this division that the recipient is receiving, and benefits shall be transferred no later than the first day of the next available benefit month following 30 days after a county was notified pursuant to this section. -(b) To the greatest extent possible, the intercounty transfer process shall be simple and client friendly and minimize workload for county eligibility operations. The process shall ensure the applicant or recipient does not need to provide copies of documents that were previously provided to the prior county of residence, and there is no interruption in benefits. -(c) Case file documents shall be electronically shared between the prior county of residence and the new county of residence, to the extent possible, as specified by the relevant state departments. -(d) Notwithstanding Section 11052.5, the new county of residence shall not interview recipients moving to that county from another county to determine continued eligibility for CalFresh or CalWORKs until the next scheduled recertification pursuant to Section 18910.1 or redetermination pursuant to Section 11265. This section shall not preclude the new county of residence from interviewing CalWORKs recipients regarding welfare-to-work program participation, which is not a requirement for an intercounty transfer of CalWORKs eligibility. -(e) For beneficiaries required to receive services through a Medi-Cal managed care health plan, the following shall apply: -(1) If the beneficiary moves to another county and is still enrolled in a managed care health plan in the county from which he or she moved, the beneficiary shall have continued access to emergency services and any other coverage the managed care health plan authorizes out-of-network until the time that the intercounty transfer process pursuant to subdivision (a) is complete and the beneficiary is disenrolled from the managed care health plan. -(2) If the beneficiary moves to another county and is still enrolled in a managed care health plan in the county from which he or she moved and needs nonemergent care that same month in the new county, the Medi-Cal Managed Care Ombudsman shall, upon request by the beneficiary or either county, disenroll the beneficiary as an expedited disenrollment from his or her managed care health plan. County-initiated disenrollment using an online form shall be processed no later than three business days after the request is made. Beneficiary-initiated disenrollment by telephone shall be effective no later than two business days after the request is made when the request is made before 5 p.m. Any beneficiary-initiated disenrollment request by phone made after 5 p.m. shall be processed the following business day and be effective no later than two business days after the request is processed. -(3) A beneficiary who is disenrolled from the managed care health plan in the county from which he or she moved pursuant to paragraph (2) shall be entitled to the full scope of benefits for which he or she is entitled to in the new county through the fee-for-service delivery system until he or she is enrolled in a managed care health plan in the new county. -(4) If the beneficiary moves to a county that provides Medi-Cal services through a county organized health system, the beneficiary shall be enrolled in that county organized health system plan on the first day of the following month once the new county of residence is reflected in the Medi-Cal Eligibility Data System. If a beneficiary moves to a county without a county organized health system, the usual health plan choice process shall apply. -(f) Failure to report a move to a different county within the state in itself shall not constitute a basis for an overpayment. -(g) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services and the State Department of Social Services, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted. The State Department of Health Care Services and the State Department of Social Services shall adopt regulations by July 1, 2021, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. -(2) Beginning June 1, 2017, and notwithstanding Section 10231.5 of the Government Code, the State Department of Health Care Services and the State Department of Social Services shall provide a status report on the adoption of the regulations to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted. -(h) This section shall be implemented only if, and to the extent, that federal financial participation is available and any necessary federal approvals have been obtained. -(i) This section shall become operative on June 1, 2017. -SEC. 2. -Section 11052.6 of the Welfare and Institutions Code is amended to read: -11052.6. -(a) Notwithstanding any other law, the requirements of Section 11052.5 shall not apply to any caretaker relative when all of the following apply: -(1) He or she is an approved relative pursuant to subdivision (d) of Section 309 caring for a child who is a dependent child of the court, and is receiving benefits under the CalWORKs program on behalf of the child. -(2) The caretaker relative is changing residence from one county to another county and is applying for benefits in the new county on behalf of one or more related children who are current recipients of benefits under the CalWORKS Program under Chapter 2 (commencing with Section 11200) of Part 3. -(3) The caretaker relative is not an applicant for or a recipient of benefits under the CalWORKS Program. -(b) If the caretaker relative subsequently applies for benefits under the CalWORKS Program, he or she shall be subject to the requirements of Section 11052.5 that are applicable to that program. -(c) The county CalWORKs program shall verify that the individual applying for benefits meets the criteria set forth in this section. -(d) This section shall become inoperative on June 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 3. -Section 11053 of the Welfare and Institutions Code is amended to read: -11053. -(a) It shall be the responsibility of a recipient changing residence from one county to another within the state to promptly notify the county paying aid to the recipient of the move and to apply for a redetermination of eligibility within the new county of residence. The first county shall notify the second county of the recipient’s move as soon as the recipient’s location in the second county is known. The county to which the recipient has moved will be responsible for determining the recipient’s continued eligibility for payment of aid and, to the extent possible, as determined by the Director of Health Services, eligibility for the Medi-Cal program, as of the first day of the month following 30 days after the first county has notified the second county of the recipient’s relocation. The first county shall provide the second county with copies of those documents, as specified by the department, necessary to establish current eligibility and grant amount. -(b) This section shall become inoperative on June 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 4. -Section 11053.2 of the Welfare and Institutions Code is amended to read: -11053.2. -(a) Notwithstanding any other law, the department shall establish a process of intercounty transfer of eligibility for CalFresh benefits provided under Chapter 10 (commencing with Section 18900) of Part 6 when a recipient changes residence from one county to another within the state. The intercounty transfer process shall facilitate a recipient’s move from one county to another without a break in benefits and without requiring a new application to be submitted to the new county of residence. -(b) (1) For CalFresh recipients who are receiving CalWORKs benefits pursuant to Chapter 2 (commencing with Section 11200), the intercounty transfer process utilized for CalWORKs shall be used. -(2) For CalFresh recipients who are receiving Medi-Cal benefits pursuant to Chapter 7 (commencing with Section 14000), but are not receiving CalWORKs benefits pursuant to Chapter 2 (commencing with Section 11200), the intercounty transfer process utilized for the Medi-Cal program shall be used. -(3) This subdivision shall be implemented no later than April 1, 2011. -(c) For CalFresh recipients who are not receiving CalWORKs or Medi-Cal benefits as described in paragraphs (1) and (2) of subdivision (b), an intercounty transfer process shall be developed, in consultation with representatives of county human services departments and advocates for recipients. To the greatest extent possible, the process shall be simple, client friendly, ensure the client does not need to provide copies of documents that were previously provided to the prior county of residence, build on existing processes for the programs described in paragraphs (1) and (2) of subdivision (b), and minimize workload for county eligibility operations. The process developed pursuant to this subdivision shall be implemented no later than July 1, 2011. -(d) Upon the implementation of the intercounty transfer procedures set forth in this section, it shall be the responsibility of a recipient changing residence from one county to another within the state to notify his or her prior county of residence of his or her move. The prior county of residence shall notify the new county of the recipient’s move as soon as the recipient’s location in the new county is known. The new county of residence shall be responsible for determining the recipient’s continued eligibility for payment of CalFresh benefits. To the extent permitted by federal law, the new county of residence shall not be required to interview persons in the CalFresh household to determine continued eligibility until the next scheduled recertification or other regularly scheduled interview. -(e) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this section through all-county letters, or similar instructions from the director no later than April 1, 2011, with respect to subdivision (b), and no later than July 1, 2011, with respect to subdivision (c). -(f) The department shall adopt regulations as otherwise necessary to implement this section no later than July 1, 2012. Emergency regulations adopted for implementation of this section may be adopted by the director in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of emergency regulations shall be deemed to be an emergency and necessary for immediate preservation of the public peace, health and safety, or general welfare. The emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days. -(g) This section shall become inoperative on June 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 5. -Section 11102 of the Welfare and Institutions Code is amended to read: -11102. -(a) County residence is not a qualification for aid under any public assistance program. -(b) County responsibility for making aid payments is determined as follows: -(1) The county where the applicant lives shall accept the application and shall be responsible for paying the aid. -(2) Responsibility for payment of aid to any person qualifying for and receiving aid from any county, who moves to another county in this state to make his or her home, shall be transferred to the second county as soon as administratively possible, but not later than the first day of the month following 30 days after notification to the second county. -(c) For purposes of public assistance the county in which an applicant or recipient lives is: -(1) For a patient in a state hospital or institution, voluntary, nonprofit, or proprietary facility or other public or private institution, the county from which he or she was admitted. -(2) For a person who has had to leave the county in which he or she normally lives, solely for the purpose of securing care not otherwise available to him or her in a medical facility, the county in which he or she last maintained a living arrangement outside a medical facility. -(d) This section shall become inoperative on June 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 6. -Section 11102 is added to the Welfare and Institutions Code, to read: -11102. -(a) County residence is not a qualification for aid under any public assistance program. -(b) County responsibility for making aid payments is determined as follows: -(1) The county where the applicant lives shall accept the application and shall be responsible for paying the aid. -(2) Responsibility for payment of aid to a person qualifying for and receiving aid from a county, who moves to another county in this state to make his or her home, shall be transferred to the second county as soon as administratively possible pursuant to the requirements set forth in subdivision (a) of Section 10003. -(c) For purposes of public assistance, the county where an applicant or recipient lives is determined as follows: -(1) For a patient in a state hospital or institution, voluntary, nonprofit, or proprietary facility, or other public or private institution, the county where he or she was admitted. -(2) For a person who has had to leave the county where he or she normally lives, solely for the purpose of securing care not otherwise available to him or her in a medical facility, the county where he or she last maintained a living arrangement outside a medical facility. -(d) This section shall become operative on June 1, 2017. -SEC. 7. -No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act. -SEC. 8. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the Temporary Assistance for Needy Families (TANF) program, each county provides cash assistance and other benefits to qualified low-income families. -Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which qualified low-income persons are provided with health care services. -Existing law establishes a statewide program to enable eligible low-income persons to receive food stamps under the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh. Existing law requires counties to implement the program, including determining eligibility and distributing CalFresh benefits. Existing law requires the State Department of Social Services to establish and implement a process of intercounty transfer of eligibility for CalFresh benefits, and to take various regulatory actions. -Existing law requires the county where an applicant of a public assistance program lives to be responsible for paying for the aid and requires transfer of the responsibility to pay, when that person moves to another county, to the 2nd county as soon as administratively possible, but not later than the first day of the month following 30 days after notification to the 2nd county. -This bill would instead, commencing June 1, 2017, require the responsibility for payment of aid to transfer to the 2nd county as soon as administratively possible, as specified. The bill would delete provisions relating to the determination of the county of residence for an aid recipient who has been released or discharged from a state hospital. -Under existing law, a recipient of aid who is changing residence from one county to another within the state is required to notify the county paying aid to the recipient of the move, and to apply for a redetermination of eligibility within the new county of residence. Existing law imposes various requirements on the relevant counties, including requiring the county to which the recipient has moved to determine the recipient’s continued eligibility for payment of aid and, to the extent possible, the recipient’s eligibility for the Medi-Cal program. -This bill would make inoperative on June 1, 2017, those provisions relating to the notice and redetermination of aid procedures for when a recipient of aid changes residence from one county to another within the state, including the procedures for intercounty transfer of CalFresh benefits. The bill would instead, commencing June 1, 2017, require the recipient to notify either the county from which he or she moves or the county to which he or she moves of the change of residence and, within 7 business days of notice of a new residence, would require that county to initiate an intercounty transfer for specified public social service benefits. The bill would require that the benefits be transferred no later than the first day of the next available benefit month following 30 days after a county was notified. The bill would prohibit the new county of residence from interviewing recipients from another county to determine continued eligibility for the CalWORKs or CalFresh programs until the next scheduled recertification or redetermination, and would require case file documents to be shared electronically between the prior county of residence and the new county of residence. The bill would require the State Department of Health Care Services and the State Department of Social Services to adopt regulations by July 1, 2021. The bill would require, beginning June 1, 2017, the departments to provide a status report on the adoption of the regulations to the Legislature on a semiannual basis. Because this bill would impose additional duties on counties with regard to the provision of aid, this bill would impose a state-mandated local program. -Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. -This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend and repeal Sections 11052.6, 11053, and 11053.2 of, to amend, repeal, and add Section 11102 of, and to add Section 10003 to, the Welfare and Institutions Code, relating to public social services." -367,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3041.5 of the Penal Code is amended to read: -3041.5. -(a) At all hearings for the purpose of reviewing an inmate’s parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en banc review of tie votes, the following shall apply: -(1) At least 10 days before any hearing by the Board of Parole Hearings, the inmate shall be permitted to review the file which will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file. -(2) The inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the inmate nor the attorney for the inmate shall be entitled to ask questions of any person appearing at the hearing pursuant to subdivision (b) of Section 3043. -(3) Unless legal counsel is required by some other law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision be presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures. -(4) The inmate and any person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings. -(5) If the hearing is for the purpose of postponing or rescinding parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932. -(6) The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole. -(b) (1) Within 10 days following any decision granting parole, the board shall send the inmate a written statement setting forth the reason or reasons for granting parole, the conditions he or she must meet in order to be released, and the consequences of failure to meet those conditions. -(2) Within 20 days following any decision denying parole, the board shall send the inmate a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated. -(3) The board shall schedule the next hearing, after considering the views and interests of the victim, as follows: -(A) Fifteen years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than 10 additional years. -(B) Ten years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than seven additional years. -(C) Three years, five years, or seven years after any hearing at which parole is denied, because the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy period of incarceration for the inmate than seven additional years. -(4) The board may in its discretion, after considering the views and interests of the victim, advance a hearing set pursuant to paragraph (3) to an earlier date, -but not less than two years after a hearing at which parole was denied, -when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the additional period of incarceration of the inmate provided in paragraph (3). -(5) Within 10 days of any board action resulting in the rescinding of parole, the board shall send the inmate a written statement setting forth the reason or reasons for that action, and shall schedule the inmate’s next hearing in accordance with paragraph (3). -(c) The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in but shall not be deemed to be binding upon subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in paragraph (1) of subdivision (b) of Section 3041. -(d) (1) An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, with notice, upon request, and a copy to the victim which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. -(2) The board shall have sole jurisdiction, after considering the views and interests of the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b). -(3) An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board.","Existing law, as amended by Proposition 9, the Victim’s Bill of Rights Act of 2008: Marsy’s Law, at the November 4, 2008, statewide general election, authorizes the Board of Parole Hearings, after considering the views and interests of the victim, to advance a parole hearing that was set after a hearing at which parole was denied to an earlier date when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the prisoner to serve the additional period of incarceration required as a result of the previously set hearing date. Marsy’s Law authorizes the Legislature to amend its provisions by passing a statute with -3/4 -of the membership of each house concurring, unless the amendments expand the scope of Marsy’s Law’s provisions, recognize additional rights of crime victims, or further the rights of crime victims, in which case the Legislature may amend its provisions by passing a statute with a majority vote of membership of each house concurring. -This bill would prohibit the board from advancing a parole hearing to a date less than 2 years after a hearing at which parole was denied.","An act to amend Section 3041.5 of the Penal Code, relating to parole." -368,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 1.5 (commencing with Section 48929) is added to Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code, to read: -Article 1.5. Transfer of Pupil Convicted of Violent Felony or Misdemeanor -48929. -Notwithstanding any other law, the governing board of a school district may transfer to another school in that school district a pupil enrolled in that school district who has been convicted of a violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, or convicted of a misdemeanor listed in Section 29805 of the Penal Code if the pupil to be transferred and the victim of the crime for which the pupil was convicted are enrolled at the same school, subject to satisfaction of both of the following conditions: -(a) The governing board of the school district has adopted a policy at a regularly scheduled meeting that contains all of the following provisions: -(1) A requirement that the pupil and pupil’s parent or guardian be notified of the right to request a meeting with the school principal or designee of the school or school district. -(2) A requirement that the school first attempt to resolve the conflict before transferring a pupil, including, but not limited to, using restorative justice, counseling, or other services. -(3) Whether the decision to transfer a pupil is subject to periodic review and the procedure for conducting the review. -(4) The process to be used by the governing board of the school district to consider and approve or disapprove of the recommendation of the school principal or other school or school district designee to transfer the pupil. -(b) The governing board of the school district has provided notice of the policy to parents or guardians as part of the annual notification required pursuant to Section 48980. -SEC. 2. -Section 48980 of the Education Code is amended to read: -48980. -(a) At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of a minor pupil regarding the right or responsibility of the parent or guardian under Sections 35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, and 51938 and Chapter 2.3 (commencing with Section 32255) of Part 19 of Division 1 of Title 1. -(b) The notification also shall advise the parent or guardian of the availability of individualized instruction as prescribed by Section 48206.3, and of the program prescribed by Article 9 (commencing with Section 49510) of Chapter 9. -(c) The notification also shall advise the parents and guardians of all pupils attending a school within the school district of the schedule of minimum days and pupil-free staff development days, and if minimum or pupil-free staff development days are scheduled thereafter, the governing board of the school district shall notify parents and guardians of the affected pupils as early as possible, but not later than one month before the scheduled minimum or pupil-free day. -(d) The notification also may advise the parent or guardian of the importance of investing for future college or university education for their children and of considering appropriate investment options, including, but not limited to, United States savings bonds. -(e) The notification shall advise the parent or guardian of the pupil that each pupil completing grade 12 is required to successfully pass the high school exit examination administered pursuant to Chapter 9 (commencing with Section 60850) of Part 33. The notification shall include, at a minimum, the date of the examination and the requirements for passing the examination, and shall inform the parents and guardians regarding the consequences of not passing the examination and shall inform parents and guardians that passing the examination is a condition of graduation. -(f) Each school district that elects to provide a fingerprinting program pursuant to Article 10 (commencing with Section 32390) of Chapter 3 of Part 19 of Division 1 of Title 1 shall inform parents or guardians of the program as specified in Section 32390. -(g) The notification also shall include a copy of the written policy of the school district on sexual harassment established pursuant to Section 231.5, as it relates to pupils. -(h) The notification shall advise the parent or guardian of all existing statutory attendance options and local attendance options available in the school district. This notification component shall include all options for meeting residency requirements for school attendance, programmatic options offered within the local attendance areas, and any special programmatic options available on both an interdistrict and intradistrict basis. This notification component also shall include a description of all options, a description of the procedure for application for alternative attendance areas or programs, an application form from the school district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. The notification component also shall include an explanation of the existing statutory attendance options, including, but not limited to, those available under Section 35160.5, Chapter 5 (commencing with Section 46600) of Part 26, and subdivision (b) of Section 48204. The department shall produce this portion of the notification and shall distribute it to all school districts. -(i) It is the intent of the Legislature that the governing board of each school district annually review the enrollment options available to the pupils within its district and that the school districts strive to make available enrollment options that meet the diverse needs, potential, and interests of the pupils of California. -(j) The notification shall advise the parent or guardian that a pupil shall not have his or her grade reduced or lose academic credit for any absence or absences excused pursuant to Section 48205 if missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time, and shall include the full text of Section 48205. -(k) The notification shall advise the parent or guardian of the availability of state funds to cover the costs of advanced placement examination fees pursuant to Section 52242. -(l) The notification to the parent or guardian of a minor pupil enrolled in any of grades 9 to 12, inclusive, also shall include the information required pursuant to Section 51229. -(m) If a school district elects to allow a career technical education course to satisfy the requirement imposed by subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, the school district shall include, in the notification required pursuant to this section, both of the following: -(1) Information about the high school graduation requirements of the school district and how each requirement satisfies or does not satisfy the subject matter requirements for admission to the California State University and the University of California. -(2) A complete list of career technical education courses offered by the school district that satisfy the subject matter requirements for admission to the California State University and the University of California, and which of the specific college admission requirements these courses satisfy. -(n) A school district that elects to adopt a policy regarding the transfer of pupils pursuant to Article 1.5 (commencing with Section 48929) shall inform parents or guardians of the policy in the notification required pursuant to this section.","Existing law establishes a system of public elementary and secondary education in this state. Existing law establishes school districts throughout the state and authorizes these school districts to provide instruction at the elementary and secondary schools they operate and maintain. Existing law provides for the governance of these school districts through elected school district governing boards. -This bill would authorize school district governing boards to transfer to another school in that school district pupils enrolled in that school district who have been convicted of violent felonies, as defined, or designated misdemeanors if the pupil to be transferred and the victim of the crime for which the pupil was convicted are enrolled at the same school, if certain requirements are satisfied, including, but not limited to, that the governing board of the school district adopts a policy and notifies parents or guardians of the policy as part of its annual notification to parents and guardians, as specified.","An act to amend Section 48980 of, and to add Article 1.5 (commencing with Section 48929) to Chapter 6 of Part 27 of Division 4 of Title 2 of, the Education Code, relating to pupils." -369,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature in enacting this act to develop additional data to better evaluate whether a combined-use highways system is workable in the County of Inyo. It is further the intent of the Legislature that no General Fund moneys be expended for the pilot project established by this act, and the project will be revenue neutral to the state. -SEC. 2. -Section 38026.1 of the Vehicle Code is amended to read: -38026.1. -(a) Except as provided in subdivision (e), the County of Inyo may establish a pilot project to designate combined-use highways on unincorporated county roads in the county for no more than 10 miles so that the combined-use highways can be used to link existing off-highway motor vehicle trails and trailheads on federal Bureau of Land Management or United States Forest Service lands, and to link off-highway motor vehicle recreational-use areas with necessary service and lodging facilities, in order to provide a unified system of trails for off-highway motor vehicles, preserve traffic safety, improve natural resource protection, reduce off-highway vehicle trespass on private land, and minimize impacts on county residents. -(b) A pilot project established pursuant to this section shall do all of the following: -(1) Prescribe a procedure for highway, road, or route selection and designation. The procedure shall be approved by a vote of a majority of the county’s board of supervisors. -(2) Prescribe a procedure for the county to remove a combined-use designation, including a designation that is removed as a result of the conclusion of the pilot program. -(3) In cooperation with the Department of Transportation, establish uniform specifications and symbols for signs, markers, and traffic control devices to control off-highway motor vehicles, including, but not limited to, the following: -(A) Devices to warn of dangerous conditions, obstacles, or hazards. -(B) Designations of the right-of-way for regular vehicular traffic and off-highway motor vehicles. -(C) A description of the nature and destination of the off-highway motor vehicle trail. -(D) Warning signs for pedestrians and motorists of the presence of off-highway motor vehicle traffic. -(4) Require that off-highway motor vehicles subject to the pilot project meet the safety requirements of federal and state law regarding proper drivers’ licensing, helmet usage, and the requirements pursuant to Section 38026.5. -(5) Prohibit off-highway motor vehicles from traveling faster than 35 miles per hour on highways designated under this section. -(6) (A) Prohibit a combined-use highway road segment designated under this section from exceeding 10 miles. -(B) Notwithstanding subparagraph (A), two or more combined-use highway road segments may share a common starting point or ending point and may partially overlap as long as the resulting network of the highway road segments does not include more than three distinct locations of shared starting or ending points, or both. -(7) Include an opportunity for public comment at a public hearing held by the county in order to evaluate the pilot project. -(c) A pilot project established pursuant to this section may include use of a state highway, subject to the approval of the Department of Transportation, or any crossing of a highway designated pursuant to Section 38025. -(d) (1) By selecting and designating a highway for combined use pursuant to this section, the county agrees to defend and indemnify the state against any and all claims, including legal defense and liability arising from a claim, for any safety-related losses or injuries arising or resulting from use by off-highway motor vehicles of a highway designated as a combined-use highway by the county’s board of supervisors pursuant to this section. -(2) This subdivision does not alter the requirements of subdivision (e). -(e) The county shall not designate a highway for combined use pursuant to this section unless the Commissioner of the Department of the California Highway Patrol finds that designating the highway for combined use would not create a potential traffic safety hazard. -(f) Not later than January 1, 2019, the County of Inyo, in consultation with the Department of the California Highway Patrol, the Department of Transportation, and the Department of Parks and Recreation, shall prepare and submit to the Legislature a report evaluating the pilot project, and containing all of the following: -(1) A description of the road segments designated to allow combined use for over three miles, as approved or adopted by a majority vote of the members of the Inyo County Board of Supervisors. -(2) An evaluation of the overall safety and effectiveness of the pilot project, including its impact on traffic flows, safety, off-highway vehicle usage on existing trails, incursions into areas not designated for off-highway vehicle usage, and nonmotorized recreation. -(3) A description of the public comments received at a public hearing held by the county in regards to an evaluation of the pilot project. -(g) (1) A report submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code. -(2) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.","Existing law authorizes an off-highway motor vehicle that has been issued a plate or device to be operated or driven upon a highway under certain circumstances. Existing law authorizes various public entities, and the Director of Parks and Recreation, to designate a highway, or portion thereof, for the combined use of regular vehicular traffic and off-highway motor vehicles if certain requirements are met. Existing law prohibits a highway from being designated for this combined use for a distance of more than 3 miles. -Existing law, until January 1, 2017, authorizes the County of Inyo to establish a pilot project that would exempt specified combined-use highways in the unincorporated area in the County of Inyo from this prohibition to link together existing roads in the unincorporated portion of the county to existing trails and trailheads on federal Bureau of Land Management or United States Forest Service lands in order to provide a unified linkage of trail systems for off-highway motor vehicles, as prescribed. Existing law requires the County of Inyo, in consultation with the Department of the California Highway Patrol, the Department of Transportation, and the Department of Parks and Recreation, to prepare and submit to the Legislature a report evaluating the effectiveness of the pilot project by January 1, 2016, as specified. -This bill would extend the operation of these provisions until January 1, 2020, and would extend the reporting deadline until January 1, 2019. For purposes of the pilot project described above, the bill would prohibit a combined-use highway road segment from exceeding 10 miles, except as specified.","An act to amend Section 38026.1 of the Vehicle Code, relating to vehicles." -370,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 51283 of the Government Code is amended to read: -51283. -(a) Prior to any action by the board or council giving tentative approval to the cancellation of any contract, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the cancellation valuation of the land for the purpose of determining the cancellation fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the land as though it were free of the contractual restriction and advise the -parties, that -parties that, -upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold -it -that information -as confidential and return or destroy any protected information upon termination of all actions relating to valuation or cancellation of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor. -(b) Prior to giving tentative approval to the cancellation of any contract, the board or council shall determine and certify to the county auditor the amount of the cancellation fee that the landowner shall pay the county treasurer upon cancellation. That fee shall be an amount equal to 12 -1/2 -percent of the cancellation valuation of the property. -(c) If it finds that it is in the public interest to do so, the board or council may waive any payment or any portion of a payment by the landowner, or may extend the time for making the payment or a portion of the payment contingent upon the future use made of the land and its economic return to the landowner for a period of time not to exceed the unexpired period of the contract, had it not been canceled, if all of the following occur: -(1) The cancellation is caused by an involuntary transfer or change in the use -which -that -may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose -which -that -produces a greater economic return to the owner. -(2) The board or council has determined that it is in the best interests of the program to conserve agricultural land use that the payment be either deferred or is not required. -(3) The waiver or extension of time is approved by the Secretary of the -Natural -Resources Agency. The secretary shall approve a waiver or extension of time if the secretary finds that the granting of the waiver or extension of time by the board or council is consistent with the policies of this chapter and that the board or council complied with this article. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the board or council, the evidence in the record of the board or council, and any other evidence the secretary may receive concerning the cancellation, waiver, or extension of time. -(d) The first two million five hundred thirty-six thousand dollars ($2,536,000) of revenue paid to the Controller pursuant to subdivision (e) in the 2004–05 fiscal year, and any other amount as approved in the final Budget Act for each fiscal year thereafter, shall be deposited in the Soil Conservation Fund, which is continued in existence. The money in the fund is available, -when appropriated -upon appropriation -by the Legislature, for the support of all of the following: -(1) The cost of the farmlands mapping and monitoring program of the Department of Conservation pursuant to Section 65570. -(2) The soil conservation program identified in Section 614 of the Public Resources Code. -(3) Program support costs of this chapter as administered by the Department of Conservation. -(4) Program support costs incurred by the Department of Conservation in administering the open-space subvention program (Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2). -(5) The costs to the Department of Conservation for administering Section 51250. -(6) Competitive grants and financial assistance to resource conservation districts pursuant to Section 10247 of the Public Resources Code, subject to the condition specified in subdivision (b) of Section 10247 of the Public Resources Code. -(e) When cancellation fees required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (d) of this section and subdivision (b) of Section 51203. The funds collected by the county treasurer with respect to each cancellation of a contract shall be transmitted to the Controller within 30 days of the execution of a certificate of cancellation of contract by the board or council, as specified in subdivision (b) of Section 51283.4. -(f) It is the intent of the Legislature that fees paid to cancel a contract do not constitute taxes but are payments that, when made, provide a private benefit that tends to increase the value of the property. -SEC. 2. -Section 10247 is added to the Public Resources Code, to read: -10247. -(a) The department shall establish a competitive grant program to provide grants and financial assistance to resource conservation districts to aid in the implementation of state programs or projects that improve soil conservation, carbon sequestration in soil, or moisture retention in soil, or other types of projects that improve the quality of agricultural and related land resources. -(b) Funding pursuant to paragraph (6) of subdivision (d) of Section 51283 of the Government Code shall not be available for purposes of subdivision (a) unless the programs and costs specified in paragraphs (1) to (5), inclusive, of subdivision (d) of Section 51283 of the Government Code first receive all necessary funding. -SECTION 1. -Section 4214 of the -Public Resources Code -is amended to read: -4214. -(a)Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows: -(1)The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee. -(2)The moneys collected, other than those retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of habitable structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the owners of habitable structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas. -(b)The fund may also be used to cover the costs of administering this chapter. -(c)It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter. -(d)Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of habitable structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter: -(1)Local assistance grants pursuant to subdivision (e). -(2)Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas. -(3)Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria. -(4)Inspections by the department for compliance with defensible space requirements around habitable structures in state responsibility areas as required by Section 4291. -(5)Public education to reduce fire risk in the state responsibility areas. -(6)Fire severity and fire hazard mapping by the department in the state responsibility areas. -(7)Other fire prevention projects in the state responsibility areas, authorized by the board. -(e)(1)The board shall establish a local assistance grant program for fire prevention activities designed to benefit habitable structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions. -(2)In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of habitable structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program. -(f)By January 31, 2015, and annually thereafter, the board shall submit to the Legislature a written report on the status and uses of the fund pursuant to this chapter. The written report shall also include an evaluation of the benefits received by counties based on the number of habitable structures in state responsibility areas within their jurisdictions, the effectiveness of the board’s grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, measures to increase compliance, if any, and any recommendations to the Legislature. -(g)(1)The requirement for submitting a report imposed under subdivision (f) is inoperative on January 31, 2022. -(2)A report to be submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code. -(h)It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the provisions of the Public Contract Code or any other provision of law related to public contracting shall not apply.","Existing law establishes the California Land Conservation Act of 1965, otherwise known as the Williamson Act, and authorizes a city or county to enter into 10-year contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation, as specified. Existing law provides a procedure to cancel a contract entered into under these provisions, and provides that the landowner and the Department of Conservation may agree on the cancellation value of the land. -Existing law requires cancellation fees, when they are required to be collected, to be transmitted by the county treasurer to the Controller and deposited in the General Fund, except the first $2,536,000 of revenue paid to the Controller in the 2004–05 fiscal year, and any amount approved in the final Budget Act for each fiscal year thereafter, is required to be deposited in the Soil Conservation Fund, and as otherwise specified. Existing law provides that the money in the Soil Conservation Fund is available, when appropriated by the Legislature, for specified programs and administrative costs. -This bill would provide that the money in the Soil Conservation Fund is available, upon appropriation by the Legislature, additionally for competitive grants and financial assistance to resource conservation districts to aid in the implementation of state programs or projects that improve soil conservation, carbon sequestration in soil, or moisture retention in soil, or other types of projects that improve the quality of agricultural and related land resources, subject to a specified condition. The bill would require the Department of Conservation to establish this competitive grant program. -Existing law requires the State Board of Forestry and Fire Protection to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure on a parcel that is within a state responsibility area. Existing law requires the fee moneys to be expended, upon appropriation, in specified ways, including to reimburse the State Board of Equalization’s expenses incurred in the collection of the fee and to the State Board of Forestry and Fire Protection and to the Department of Forestry and Fire Protection for administration purposes, with excess money being expended only for specified fire prevention activities, as provided. -Existing law, until January 31, 2017, requires the board to submit an annual written report to the Legislature on the status of the uses of the fee moneys. -This bill would continue that requirement until January 31, 2022.","An act to amend Section -4214 of -51283 of the Government Code, and to add Section 10247 to -the Public Resources Code, relating to -fire prevention. -the Soil Conservation Fund." -371,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 84601 of the Government Code is amended to read: -84601. -The Legislature finds and declares as follows: -(a) The people of California enacted one of the nation’s most comprehensive campaign and lobbying financial disclosure laws when they voted for Proposition 9, the Political Reform Act of 1974, an initiative statute. -(b) Public access to campaign and lobbying disclosure information is a vital and integral component of a fully informed electorate. -(c) Advances in technology have made it necessary for the State of California to develop a new, data-driven online filing and disclosure system that provides public disclosure of campaign finance and lobbying information in a user-friendly, easily understandable format. -(d) Members of the public, including voters, journalists, and researchers, should be able to access campaign finance and lobbying information in a robust and flexible manner, including through searches and visual displays such as graphs and maps. -SEC. 2. -Section 84602 of the Government Code is amended to read: -84602. -(a) To implement the Legislature’s intent, the Secretary of State, in consultation with the Commission, notwithstanding any other provision of this code, shall do all of the following: -(1) Develop online and electronic filing processes for use by persons and entities specified in Section 84605 that are required to file statements and reports with the Secretary of State’s office pursuant to Chapter 4 (commencing with Section 84100) and Chapter 6 (commencing with Section 86100). Those processes shall each enable a user to comply with all of the disclosure requirements of this title and shall include, at a minimum, both of the following: -(A) A means or method whereby filers subject to this chapter may submit required filings free of charge. Any means or method developed pursuant to this subparagraph shall not provide any additional or enhanced functions or services that exceed the minimum requirements necessary to fulfill the disclosure provisions of this title. At least one means or method shall be made available no later than December 31, 2002. -(B) The definition of a nonproprietary standardized record format or formats using industry standards for the transmission of the data that is required of those persons and entities specified in Section 84605 and that conforms with the disclosure requirements of this title. The Secretary of State shall hold public hearings before development of the record format or formats as a means to ensure that affected entities have an opportunity to provide input into the development process. The format or formats shall be made public no later than July 1, 1999, to ensure sufficient time to comply with this chapter. -(2) Accept test files from software vendors and others wishing to file reports electronically, for the purpose of determining whether the file format is in compliance with the standardized record format developed pursuant to paragraph (1) and is compatible with the Secretary of State’s system for receiving the data. A list of the software and service providers who have submitted acceptable test files shall be published by the Secretary of State and made available to the public. Acceptably formatted files shall be submitted by a filer in order to meet the requirements of this chapter. -(3) Develop a system that provides for the online or electronic transfer of the data specified in this section using telecommunications technology that ensures the integrity of the data transmitted and that creates safeguards against efforts to tamper with or subvert the data. -(4) Make all the data filed available on the Internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. All late contribution and late independent expenditure reports, as defined by Sections 84203 and 84204, respectively, shall be made available on the Internet within 24 hours of receipt. The data made available on the Internet shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed pursuant to this title. -(5) Develop a procedure for filers to comply with the requirement that they sign under penalty of perjury pursuant to Section 81004. -(6) Maintain all filed data online for 10 years after the date it is filed, and then archive the information in a secure format. -(7) Provide assistance to those seeking public access to the information. -(8) Implement sufficient technology to seek to prevent unauthorized alteration or manipulation of the data. -(9) Provide the Commission with necessary information to enable it to assist agencies, public officials, and others with the compliance with, and administration of, this title. -(10) Report to the Legislature on the implementation and development of the online and electronic filing and disclosure requirements of this chapter. The report shall include an examination of system security, private security issues, software availability, compliance costs to filers, use of the filing system and software provided by the Secretary of State, and other issues relating to this chapter, and shall recommend appropriate changes if necessary. In preparing the report, the Commission may present to the Secretary of State and the Legislature its comments regarding this chapter as it relates to the duties of the Commission and suggest appropriate changes if necessary. There shall be one report due before the system is operational as set forth in Section 84603, one report due no later than June 1, 2002, and one report due no later than January 31, 2003. -(11) Review the current filing and disclosure requirements of this chapter and report to the Legislature, no later than June 1, 2005, recommendations on revising these requirements so as to promote greater reliance on electronic and online submissions. -(b) (1) To implement the Legislature’s intent, as described in Section 84601, the Secretary of State, in consultation with the Commission, shall develop an online filing and disclosure system for use by persons and entities specified in Section 84605 that are required to file statements and reports with the Secretary of State’s office pursuant to Chapter 4 (commencing with Section 84100) and Chapter 6 (commencing with Section 86100). The system shall enable a user to comply with all of the disclosure requirements of this title and shall include, at minimum, all of the following: -(A) A data-driven means or method that allows filers subject to this chapter to submit required filings free of charge in a manner that facilitates public searches of the data and does all of the following: -(i) Enables a filer to comply with all of the disclosure requirements of this title, including by entering or uploading requisite data or by indicating that the filer had no reportable activity during a particular reporting period. -(ii) Retains previously submitted data so that a filer can access that data to amend disclosures or prepare future disclosures. -(iii) Ensures the security of data entered and stored in the system. -(iv) To the extent feasible, is compatible with potential future capability to accept statements from filers specified in subdivisions (b) to (e), inclusive, of Section 84215. -(B) The definition of a nonproprietary standardized record format or formats using industry standards for the transmission of the data that is required of those persons and entities specified in Section 84605 and that conforms with the disclosure requirements of this title. -(2) The Secretary of State shall do all of the following with respect to the online filing and disclosure system developed pursuant to this subdivision: -(A) Accept test files from software vendors and others wishing to file reports electronically for the purpose of determining whether the file format is in compliance with the standardized record format developed pursuant to this subdivision and is compatible with the Secretary of State’s system for receiving the data. The Secretary of State shall publish and make available to the public a list of the software and service providers who have submitted acceptable test files. A filer shall submit acceptably formatted files in order to meet the requirements of this chapter. -(B) Make the data filed available on the Internet as follows: -(i) In a user-friendly, easily understandable format that provides the greatest public access, including online searches and machine-readable downloads of all data contained in the system, except as specified in clause (iii). -(ii) Free of charge and as soon as possible after receipt, or, in the case of late contribution, late in-kind contribution, and late independent expenditure reports, as defined by Sections 84203, 84203.3, and 84204, respectively, within 24 hours of receipt. -(iii) Not containing the street name or building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed pursuant to this title. -(iv) In a manner that allows the public to track and aggregate contributions from the same contributor across filers using a permanent unique identifier assigned by the Secretary of State for this purpose. The Secretary of State shall assign this identifier to, at minimum, each contributor who makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to, or at the behest of, candidates or committees that file electronically with the Secretary of State pursuant to subdivision (a) of Section 84215 or who files with the Secretary of State as a major donor committee under subdivision (c) of Section 82013. -(C) Develop a procedure for filers to comply electronically with the requirement to sign under penalty of perjury pursuant to Section 81004. The electronic signature procedure shall allow the filer to file with the Secretary of State and shall not require an original signature to be filed. -(D) Maintain all filed data online for at least 20 years after the date it is filed, and then archive the information in a secure format. -(E) Provide assistance to those seeking public access to the information. -(F) Implement sufficient technology to seek to prevent unauthorized alteration or manipulation of the data. -(G) Provide the Commission with necessary information to enable it to assist agencies, public officials, and others in complying with and administering this title. -(3) The Secretary of State shall do all of the following with respect to developing the online filing and disclosure system and record format pursuant to this subdivision: -(A) Consult with the Assembly Committee on Elections and Redistricting, the Senate Committee on Elections and Constitutional Amendments, the Commission, users, filers, and other stakeholders, as appropriate, about functions of the online filing and disclosure system. -(B) In consultation with the Commission, and no later than July 31, 2017, hold at least one public hearing to receive input about developing the online filing and disclosure system and record format. -(C) No later than December 31, 2017, submit a report to the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments that includes a plan for the online filing and disclosure system, describes how members of the public will be able to query and retrieve data from the system, and includes a plan for integrating statements as specified in clause (iv) of subparagraph (A) of paragraph (1). -(4) The Secretary of State shall make the online filing and disclosure system developed pursuant to this subdivision available for use no later than February 1, 2019. The Secretary of State may extend this date to a date no later than December 31, 2019, after consulting with the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments and providing to those committees a report that explains the need for the extension and includes a plan for completion. -(5) The Secretary of State may accept any funds, services, equipment, or grants to further this subdivision, provided that the Secretary of State shall notify the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments upon accepting any amount valued at one hundred thousand dollars ($100,000) or more. -(6) Because the provisions of this chapter need to be implemented as expeditiously as possible, the information technology procurement requirements described in Chapter 5.6 (commencing with Section 11545) of Part 1 of Division 3 of Title 2 of this code, and in Section 12100 of the Public Contract Code, do not apply to development of the online filing and disclosure system pursuant to this subdivision. The Secretary of State shall consult with the Department of Technology, as appropriate, in developing the online filing and disclosure system, in order to maximize project success, minimize lifecycle costs, and ensure the security of the system and its data. -(7) (A) Before making the system developed pursuant to this subdivision available for public use, the Secretary of State, in consultation with the Commission, shall test the system to ensure its functionality and then certify that the system meets all the requirements of this subdivision. The Secretary of State may consult with the Department of Technology as needed to fulfill his or her duties under this paragraph. -(B) After the system developed pursuant to this subdivision is certified, the system described in subdivision (a) shall no longer accept reports and filings, unless otherwise directed by the Secretary of State and the Commission. The system described in subdivision (a) shall continue to allow public access to past disclosures unless the Secretary of State migrates that data into the system described in this subdivision. -(c) On or before December 31, 2017, and on or before every April 15, July 15, October 15, and January 15 thereafter, the Secretary of State shall submit to the chairs of the Joint Legislative Budget Committee and the fiscal committees of the Legislature a quarterly report on the progress of the Cal-Access Project. Specifically, the Secretary of State shall certify whether he or she (1) anticipates making or has made any changes to the project’s scope, schedule, or budget and (2) considers any problems to be a risk to the project’s completion according to the approved project schedule and budget. This reporting requirement shall end upon the completion or termination of the Cal-Access Project. -SEC. 3. -The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.","The Political Reform Act of 1974 generally requires elected officials, candidates for elective office, and committees formed primarily to support or oppose a candidate for public office or a ballot measure, along with other entities, to file periodic campaign statements. The act requires that these campaign statements contain prescribed information related to campaign contributions and expenditures of the filing entities. Existing law, the Online Disclosure Act, requires the Secretary of State, in consultation with the Fair Political Practices Commission, to develop online and electronic filing processes for use by these persons and entities. -This bill, in addition, would require the Secretary of State, in consultation with the Commission, to develop and certify for public use an online filing and disclosure system for campaign statements and reports that provides public disclosure of campaign finance and lobbying information in a user-friendly, easily understandable format. -The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a -2/3 -vote of each house and compliance with specified procedural requirements. -This bill would declare that it furthers the purposes of the act.","An act to amend Sections 84601 and 84602 of the Government Code, relating to the Political Reform Act of 1974." -372,"The people of the State of California do enact as follows: - - -SECTION -1. -Section 69433.5 of the Education Code is amended to read: -69433.5. -(a) Only a resident of California, as determined by the commission pursuant to Part 41 (commencing with Section 68000), is eligible for an initial Cal Grant award. The recipient shall remain eligible for award renewal only if he or she is a California resident, in attendance, and making satisfactory academic progress at a qualifying institution, as determined by the commission. -(b) A part-time student shall not be discriminated against in the selection of Cal Grant Program award recipients, and an award to a part-time student shall be approximately proportional to the time the student spends in the instructional program, as determined by the commission. A first-time Cal Grant Program award recipient who is a part-time student shall be eligible for a full-time renewal award if he or she becomes a full-time student. -(c) Cal Grant Program awards shall be awarded without regard to race, religion, creed, sex, sexual orientation, gender identity, gender expression, or age. -(d) An applicant shall not receive more than one type of Cal Grant Program award concurrently. An applicant shall not: -(1) Receive one or a combination of Cal Grant Program awards in excess of the amount equivalent to the award level for a total of -four -six -years of full-time attendance in an undergraduate program, except as provided in Section 69433.6. -(2) Have obtained a baccalaureate degree before receiving a Cal Grant Program award. -(e) A Cal Grant Program award, except as provided in Section 69440, may only be used for educational expenses of a program of study leading directly to an undergraduate degree or certificate, or for expenses of undergraduate coursework in a program of study leading directly to a first professional degree, but for which no baccalaureate degree is awarded. -(f) The commission shall, for students who accelerate college attendance, increase the amount of -the -award proportional to the period of additional attendance resulting from attendance in classes that fulfill requirements or electives for graduation during summer terms, sessions, or quarters. In the aggregate, the total amount a student may receive in a -four-year -six-year -period -may -shall -not be increased as a result of accelerating his or her progress to a degree by attending summer terms, sessions, or quarters. -(g) The commission shall notify Cal Grant award recipients of the availability of funding for the summer term, session, or quarter through prominent notice in financial aid award letters, materials, guides, electronic information, and other means that may include, but not necessarily be limited to, surveys, newspaper articles, or attachments to communications from the commission and any other published documents. -(h) The commission may require, by the adoption of rules and regulations, the production of reports, accounting, documents, or other necessary statements from the award recipient and the college or university of attendance pertaining to the use or application of the award. -(i) A Cal Grant Program award may be utilized only at a qualifying institution. -(j) A recipient who initially qualified for both a Cal Grant A award and a Cal Grant B award, and received a Cal Grant B award, may be awarded a renewal Cal Grant A award if that recipient subsequently became ineligible for a renewal Cal Grant B award and meets the applicable Cal Grant A financial need and income and asset criteria. -SEC. 2. -Section 69433.6 of the Education Code is amended to read: -69433.6. -(a) Cal Grant A awards and Cal Grant B awards may be renewed for a total of the equivalent of -four -six -years of full-time attendance in an undergraduate program provided that minimum financial need as defined in paragraph (3) of subdivision (b) of Section 69432.9 continues to exist. Commencing with the 2001–02 academic year, the total number of years of eligibility for grants pursuant to this section shall be based on the student’s educational level in his or her course of study as designated by the institution of attendance when the recipient initially receives payment for a grant. -(b) (1) Commencing with the 2014–15 academic year, a recipient who was determined to be ineligible for a renewal award in the 2012–13 or 2013–14 academic year because he or she exceeded the maximum household income or asset level established by subdivision (k) of Section 69432.7, or failed to meet the minimum need threshold established by paragraph (3) of subdivision (b) of Section 69432.9, shall be eligible to receive a renewal award if the recipient meets all program eligibility requirements for the program from which he or she was previously disqualified and the recipient has remaining renewal award eligibility. For purposes of determining a student’s remaining renewal award eligibility, an academic year during which a student was ineligible shall reduce his or her renewal award eligibility by one full-time equivalent year. -(2) Commencing with the 2015–16 academic year, a recipient who is determined to be ineligible for a renewal award because, during the immediately preceding academic year, he or she exceeded the maximum household income or asset level established by subdivision (k) of Section 69432.7, or failed to meet the minimum need threshold established by paragraph (3) of subdivision (b) of Section 69432.9, shall be eligible to receive a renewal award if the recipient meets all program eligibility requirements for the program from which he or she was previously disqualified and the recipient has remaining renewal award eligibility. For purposes of determining a student’s remaining renewal award eligibility, an academic year during which a student was ineligible shall reduce his or her renewal award eligibility by one full-time equivalent year. -(c) For a student enrolled in an institutionally prescribed five-year undergraduate program, Cal Grant A awards and Cal Grant B awards may be renewed for a total of five years of full-time attendance, provided that minimum financial need, as defined in paragraph (3) of subdivision (b) of Section 69432.9, continues to exist. -(d) (1) A Cal Grant Program award recipient who has completed a baccalaureate degree, and who has been admitted to and is enrolled in a program of professional teacher preparation at an institution approved by the California Commission on Teacher Credentialing is eligible for, but not entitled to, renewal of a Cal Grant Program award for an additional year of full-time attendance, if minimum financial need, as defined in paragraph (3) of subdivision (b) of Section 69432.9, continues to exist. -(2) Payment for an additional year is limited to only those courses required for an initial teaching authorization. An award made under this subdivision may not be used for other courses. -(3) A student’s Cal Grant Program renewal eligibility shall not have lapsed more than 15 months before the payment of an award for purposes of this subdivision. -SECTION 1. -It is the intent of the Legislature to enact legislation that would make additional student financial aid options available for students attending segments of postsecondary education.","Existing law, the Cal Grant Program, establishes the Cal Grant A and B Entitlement Awards, the California Community College Transfer Entitlement Awards, the Competitive Cal Grant A and B Awards, the Cal Grant C Awards, and the Cal Grant T Awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. The program prohibits an applicant from receiving one or a combination of program awards in excess of the amount equivalent to the award level for a total of a 4-year period of full-time attendance in an undergraduate program, except as provided. -This bill would increase this generally applicable maximum for total Cal Grant awards to an applicant to the award level for a 6-year period of full-time attendance. -Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending segments of postsecondary education. -This bill would express the intent of the Legislature to enact legislation that would make additional student financial aid options available for students attending segments of postsecondary education.","An act -to amend Sections 69433.5 and 69433.6 of the Education Code, -relating to -postsecondary education. -student financial aid." -373,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7582.2 of the -Business and Professions Code -is amended to read: -7582.2. -This chapter does not apply to all of the following: -(a)A person who does not meet the requirements to be a proprietary private security officer, as defined in Section 7574.01, and is employed exclusively and regularly by an employer who does not provide contract security services for other entities or persons, in connection with the affairs of the employer only and if there exists an employer-employee relationship if that person at no time carries or uses a deadly weapon in the performance of his or her duties. For purposes of this subdivision, “deadly weapon” is defined to include an instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, metal knuckles, a dirk, dagger, pistol, revolver, or any other firearm, a knife having a blade longer than five inches, a razor with an unguarded blade, and a metal pipe or bar used or intended to be used as a club. -(b)An officer or employee of the United States of America, or of this state or a political subdivision thereof, while the officer or employee is engaged in the performance of his or her official duties, including uniformed peace officers employed part time by a public agency pursuant to a written agreement between a chief of police or sheriff and the public agency, provided the part-time employment does not exceed 50 hours in any calendar month. -(c)A person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons. -(d)A charitable philanthropic society or association duly incorporated under the laws of this state that is organized and maintained for the public good and not for private profit. -(e)Patrol special police officers appointed by the police commission of a city, county, or city and county under the express terms of its charter who also under the express terms of the charter (1) are subject to suspension or dismissal after a hearing on charges duly filed with the commission after a fair and impartial trial, (2) must be not less than 18 years of age nor more than 40 years of age, (3) must possess physical qualifications prescribed by the commission, and (4) are designated by the police commission as the owners of a certain beat or territory as may be fixed from time to time by the police commission. -(f)An attorney at law in performing his or her duties as an attorney at law. -(g)A collection agency or an employee thereof while acting within the scope of his or her employment, while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his or her property where the contract with an assignor creditor is for the collection of claims owed or due or asserted to be owed or due or the equivalent thereof. -(h)Admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them. -(i)A bank subject to the jurisdiction of the Commissioner of Financial Institutions of the State of California under Division 1 (commencing with Section 99) of the Financial Code or the Comptroller of the Currency of the United States. -(j)A person engaged solely in the business of securing information about persons or property from public records. -(k)A peace officer of this state or a political subdivision thereof while the peace officer is employed by a private employer to engage in off-duty employment in accordance with Section 1126 of the Government Code. However, this subdivision does not exempt a peace officer who either contracts for his or her services or the services of others as a private patrol operator or contracts for his or her services as or is employed as an armed private security officer. For purposes of this subdivision, “armed security officer” means an individual who carries or uses a firearm in the course and scope of that contract or employment. -(l)A retired peace officer of the state or political subdivision thereof when the retired peace officer is employed by a private employer in employment approved by the chief law enforcement officer of the jurisdiction where the employment takes place, provided that the retired officer is in a uniform of a public law enforcement agency, has registered with the bureau on a form approved by the director, and has met any training requirements or their equivalent as established for security personnel under Section 7583.5. This officer may not carry an unloaded and exposed handgun unless he or she is exempted under the provisions of Article 2 (commencing with Section 26361) of Chapter 6 of Division 5 of Title 4 of Part 6 of the Penal Code, may not carry an unloaded firearm that is not a handgun unless he or she is exempted under the provisions of Article 2 (commencing with Section 26405) of Chapter 7 of Division 5 of Title 4 of Part 6 of the Penal Code, and may not carry a loaded or concealed firearm unless he or she is exempted under the provisions of Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6 of the Penal Code or Sections 25900 to 25910, inclusive, of the Penal Code or has met the requirements set forth in subdivision (d) of Section 26030 of the Penal Code. However, this subdivision does not exempt the retired peace officer who contracts for his or her services or the services of others as a private patrol operator. -(m)A licensed insurance adjuster in performing his or her duties within the scope of his or her license as an insurance adjuster. -(n)A savings association subject to the jurisdiction of the Commissioner of Financial Institutions or the Office of Thrift Supervision. -(o)A secured creditor engaged in the repossession of the creditor’s collateral and a lessor engaged in the repossession of leased property in which it claims an interest. -(p)A peace officer in his or her official police uniform acting in accordance with subdivisions (c) and (d) of Section 70 of the Penal Code. -(q)An unarmed, uniformed security person employed exclusively and regularly by a motion picture studio facility employer who does not provide contract security services for other entities or persons in connection with the affairs of that employer only and where there exists an employer-employee relationship if that person at no time carries or uses a deadly weapon, as defined in subdivision (a), in the performance of his or her duties, which may include, but are not limited to, the following business purposes: -(1)The screening and monitoring access of employees of the same employer. -(2)The screening and monitoring access of prearranged and preauthorized invited guests. -(3)The screening and monitoring of vendors and suppliers. -(4)Patrolling the private property facilities for the safety and welfare of all who have been legitimately authorized to have access to the facility. -(r)A person regularly employed as a security officer by the Los Angeles County Metropolitan Transit Authority. -SEC. 2. -Section 830.7 of the -Penal Code -is amended to read: -830.7. -The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832: -(a)Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code. -(b)Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies. -(c)Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies. -(d)Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code. -(e)Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code. -(f)Nonpeace officers regularly employed as county parole officers pursuant to Section 3089. -(g)Persons appointed by the Executive Director of the California Science Center pursuant to Section 4108 of the Food and Agricultural Code. -(h)Persons regularly employed as investigators by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers, to the extent necessary to enforce laws related to public transportation, and authorized by a memorandum of understanding with the chief of police, permitting the exercise of that authority. For the purposes of this subdivision, “investigator” means an employee defined in Section 53075.61 of the Government Code authorized by local ordinance to enforce laws related to public transportation. Transportation investigators authorized by this section shall not be deemed “peace officers” for purposes of Sections 241 and 243. -(i)Persons regularly employed by any department of the City of Los Angeles who are designated as security officers and authorized by local ordinance to enforce laws related to the preservation of peace in or about the properties owned, controlled, operated, or administered by any department of the City of Los Angeles and authorized by a memorandum of understanding with the Chief of Police of the City of Los Angeles permitting the exercise of that authority. Security officers authorized pursuant to this subdivision shall not be deemed peace officers for purposes of Sections 241 and 243. -(j)Illegal dumping enforcement officers or code enforcement officers, to the extent necessary to enforce laws related to illegal waste dumping or littering, and authorized by a memorandum of understanding with, as applicable, the sheriff or chief of police within whose jurisdiction the person is employed, permitting the exercise of that authority. An “illegal dumping enforcement officer or code enforcement officer” is defined, for purposes of this section, as a person employed full time, part time, or as a volunteer after completing training prescribed by law, by a city, county, or city and county, whose duties include illegal dumping enforcement and who is designated by local ordinance as a public officer. An illegal dumping enforcement officer or code enforcement officer may also be a person who is not regularly employed by a city, county, or city and county, but who has met all training requirements and is directly supervised by a regularly employed illegal dumping enforcement officer or code enforcement officer conducting illegal dumping enforcement. This person shall not have the power of arrest or access to summary criminal history information pursuant to this section. No person may be appointed as an illegal dumping enforcement officer or code enforcement officer if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. Persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105. -(k)Persons regularly employed as security officers by the Los Angeles County Metropolitan Transit Authority. -SECTION 1. -Section 830.75 is added to the Penal Code, to read: -830.75. -Notwithstanding any other law, persons regularly employed as security officers by the Los Angeles County Metropolitan Transportation Authority are not peace officers and may not exercise the powers of arrest of a peace officer, as specified in Section 836. However, these persons may be authorized by the governing board of the authority to detain individuals on properties owned, controlled, operated, and administered by the authority when exigent circumstances exist. For purposes of this section, exigent circumstances exist only when the security officer has probable cause to believe that a person is at risk of serious bodily injury or death or a person has been assaulted and the suspect is attempting to flee. A detention made pursuant to this section shall be limited to a reasonable time to allow for an investigation by a peace officer. -SEC. 3. -SEC. 2. -Section 22295 of the Penal Code is amended to read: -22295. -(a) Nothing in any provision listed in Section 16580 prohibits any police officer, special police officer, peace officer, law enforcement officer, or security officer regularly employed by the Los Angeles -County -Metropolitan -Transit -Transportation -Authority, from carrying any wooden club or baton. -(b) Nothing in any provision listed in Section 16580 prohibits a uniformed security guard, regularly employed and compensated by a person engaged in any lawful business, while actually employed and engaged in protecting and preserving property or life within the scope of employment, from carrying any wooden club or baton if the uniformed security guard has satisfactorily completed a course of instruction certified by the Department of Consumer Affairs in the carrying and use of the club or baton. The training institution certified by the Department of Consumer Affairs to present this course, whether public or private, is authorized to charge a fee covering the cost of the training. -(c) The Department of Consumer Affairs, in cooperation with the Commission on Peace Officer Standards and Training, shall develop standards for a course in the carrying and use of a club or baton. -(d) Any uniformed security guard who successfully completes a course of instruction under this section is entitled to receive a permit to carry and use a club or baton within the scope of employment, issued by the Department of Consumer Affairs. The department may authorize a certified training institution to issue permits to carry and use a club or baton. A fee in the amount provided by law shall be charged by the Department of Consumer Affairs to offset the costs incurred by the department in course certification, quality control activities associated with the course, and issuance of the permit. -(e) Any person who has received a permit or certificate that indicates satisfactory completion of a club or baton training course approved by the Commission on Peace Officer Standards and Training prior to January 1, 1983, shall not be required to obtain a club or baton permit or complete a course certified by the Department of Consumer Affairs. -(f) Any person employed as a county sheriff’s or police security officer, as defined in Section 831.4, shall not be required to obtain a club or baton permit or to complete a course certified by the Department of Consumer Affairs in the carrying and use of a club or baton, provided that the person completes a course approved by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton, within 90 days of employment. -(g) Nothing in any provision listed in Section 16580 prohibits an animal control officer, as described in Section 830.9, or an illegal dumping enforcement officer, as described in Section 830.7, from carrying any wooden club or baton if the animal control officer or illegal dumping enforcement officer has satisfactorily completed the course of instruction certified by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton. The training institution certified by the Commission on Peace Officer Standards and Training to present this course, whether public or private, is authorized to charge a fee covering the cost of the training. -SEC. 4. -SEC. 3. -Section 26065 is added to the Penal Code, to read: -26065. -Notwithstanding Section -25850, -25850 of this code and Section 2006 of the Fish and Game Code, -a person regularly employed by the Los Angeles County Metropolitan -Transit -Transportation -Authority as a security officer may be permitted to carry a shotgun, as defined in Section 17190, in a patrol vehicle or armored vehicle owned by the authority for use in carrying out the security officer’s official -duties. -duties when performing revenue protection duties. A security officer may only carry a shotgun in a vehicle pursuant to this section if the vehicle is an armored vehicle designated for revenue collection and only when the officer is performing revenue protection duties. -SEC. 5. -SEC. 4. -Section 32455 is added to the Penal Code, to read: -32455. -Section 32310 does not apply to the sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by the Los Angeles County Metropolitan -Transit -Transportation -Authority for use by its employee security officers in the discharge of their official duties. -SEC. 6. -SEC. 5. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Los Angeles County Metropolitan -Transit -Transportation -Authority.","(1)The Private Security Services Act generally regulates the private security vocation, and requires each uniformed employee of a provide patrol operator to, among other things, register with the Bureau of Security and Investigative Services and complete specified training. The act exempts specified persons from its requirements. -This bill would exempt a person regularly employed as a security officer by the Los Angeles County Metropolitan Transit Authority from the requirements of the Private Security Services Act. -(2) -(1) -Existing law authorizes certain persons who are not peace officers to exercise the powers of arrest under certain circumstances, if they have completed a specified training course prescribed by the Commission on Peace Officer Standards and Training. -This bill would -extend that authority to -allow -persons regularly employed as security officers by the Los Angeles County Metropolitan -Transit Authority. -Transportation Authority to detain individuals on properties owned, controlled, operated, and administered by the authority when exigent circumstances exist, as defined. -(3) -(2) -Existing law states that specified provisions of law relating to deadly weapons do not prohibit a police officer, special police officer, peace officer, or law enforcement officer from carrying a wooden club or baton. -This bill would additionally state that the specified provisions of law do not prohibit a security officer regularly employed by the Los Angeles -County -Metropolitan -Transit -Transportation -Authority from carrying a wooden club or baton. -(4) -(3) -Under existing law, a person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street. -This bill would, notwithstanding the above provision, allow a person regularly employed by the Los Angeles County Metropolitan -Transit -Transportation -Authority as a security officer to be permitted to carry a shotgun in a patrol vehicle or armored vehicle owned by the authority for use in carrying out the security officer’s official duties. -(5) -(4) -Existing law prohibits the sale, gift, and loan of a large-capacity magazine. A violation of this prohibition is punishable as a misdemeanor with specified penalties or as a felony. -This bill would make these provisions inapplicable to the sale of, giving of, lending of, importation into this state of, or purchase -of, -of -any large-capacity magazine to or by the Los Angeles County Metropolitan -Transit -Transportation -Authority for use by its employee security officers in the discharge of their official duties. -(6) -(5) -This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.","An act to amend Section -7582.2 of the Business and Professions Code, and to amend Sections 830.7 and -22295 of, and to add Sections -26065 and -830.75, 26065, and -32455 to, the Penal Code, relating to security officers." -374,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 3.1 (commencing with Section 35630) is added to Division 26.5 of the Public Resources Code, to read: -CHAPTER 3.1. Ocean Acidification and Hypoxia Mitigation -35630. -The Legislature finds and declares all of the following: -(a) Ocean acidification and hypoxia, an abnormal deficiency of oxygen in marine environments, are two major threats to ocean and coastal ecosystems globally, and west coast states are particularly vulnerable, according to the April 2016 findings of the West Coast Ocean Acidification and Hypoxia Science Panel. -(b) The West Coast Ocean Acidification and Hypoxia Science Panel was a binational collaboration of leading scientists from California, Oregon, Washington, and British Columbia that was convened at the request of the council and the California Ocean Science Trust. The West Coast Ocean Acidification and Hypoxia Science Panel’s executive summary report outlines findings, recommendations, and actions to address ocean acidification and hypoxia. -(c) Ocean acidification is caused primarily by global carbon dioxide emissions. Local carbon dioxide emissions and local nutrient inputs can intensify the effects of ocean acidification. -(d) The West Coast Ocean Acidification and Hypoxia Science Panel recommends that California and other west coast states actively employ strategies that address local factors that can reduce ocean acidification and hypoxia exposure, including protecting and restoring critical coastal and aquatic habitats. -(e) Eelgrass ecosystems are among the most diverse and productive ecosystems in the world, with particular importance to farmed shellfish aquaculture and other forms of sustainable aquaculture and to commercially and recreationally valuable species, including shellfish, crabs, finfish, waterfowl, and shorebirds. -(f) Eelgrass protection and restoration efforts help promote a healthier ocean for ecosystems and industry. -(g) Since the 1850s, 90 percent of California’s eelgrass acreage has been destroyed, and the remaining 10 percent is continuously exposed to multiple stressors and threats. -(h) Scientific research has shown that eelgrass habitat provides multiple benefits, including the following: -(1) Providing essential habitat for salmon, groundfish, and Pacific herring, providing Dungeness crab nurseries, and supporting commercial fisheries important to California’s coastal economy. -(2) Improving water quality by filtering polluted runoff and by absorbing excess nutrients. -(3) Helping to mitigate hypoxia. -(4) Sequestering carbon in the underlying sediments. -(5) Protecting the shoreline from erosion by absorbing wave energy and helping to mitigate the impacts of sea level rise. -(i) Advancing the protection and restoration of eelgrass beds in California’s coastal environments, based on scientific and evidence-based approaches, is a critical strategy in enhancing California’s ability to cope with ocean acidification and hypoxia. -35632. -(a) To the extent funds are available from bonds or other sources, the council, in consultation with the State Coastal Conservancy and other relevant entities, shall establish and administer the Ocean Acidification and Hypoxia Reduction Program for the purpose of achieving the following goals: -(1) Developing demonstration projects to research how important environmental and ecological factors interact across space and time to influence how geographically dispersed eelgrass beds function for carbon dioxide removal and hypoxia reduction. -(2) Generating an inventory of locations where conservation or restoration of aquatic habitats, including eelgrass, can be successfully applied to mitigate ocean acidification and hypoxia. -(3) Incorporating consideration of carbon dioxide removal for eelgrass restoration projects during the habitat restoration planning process in order to fully account for the benefits of long-term carbon storage of habitat restoration in addition to the habitat value. -(4) Supporting science, monitoring, and coordination to ensure that ocean and coastal policy and management in California reflect best readily available science on strategies to reduce ocean acidification and hypoxia to implement this section. -(b) In advancing approaches in the program to remove carbon dioxide from seawater, the council shall consider approaches that provide multiple cobenefits, including, but not limited to, providing essential fish and bird habitat, improving water quality, and mitigating the impacts of sea level rise. -SEC. 2. -Section 35650 of the Public Resources Code is amended to read: -35650. -(a) The California Ocean Protection Trust Fund is established in the State Treasury. -(b) Moneys deposited in the fund may be expended, upon appropriation by the Legislature, for both of the following: -(1) Projects and activities authorized by the council consistent with Chapter 3 (commencing with Section 35600). -(2) Upon authorization by the council, for grants or loans to public agencies, nonprofit corporations, or private entities for, or direct expenditures on, projects or activities that do one or more of the following: -(A) Eliminate or reduce threats to coastal and ocean ecosystems, habitats, and species. -(B) Improve the management of fisheries through grants or loans for the development and implementation of fishery management plans pursuant to Part 1.7 (commencing with Section 7050) of Division 6 of the Fish and Game Code, a part of the Marine Life Management Act of 1998, that promote long-term stewardship and collaboration with fishery participants to develop strategies that increase environmental and economic sustainability. Eligible projects and activities include, but are not limited to, innovative community-based or cooperative management and allocation strategies that create incentives for ecosystem improvement. Eligible expenditures include, but are not limited to, costs related to activities identified in subdivisions (a), (b), and (d) of Section 7075 of the Fish and Game Code, fishery research, monitoring, data collection and analysis to support adaptive management, and other costs related to the development and implementation of a fishery management plan developed pursuant to this subparagraph. -(C) Foster sustainable fisheries, including grants or loans for one or more of the following: -(i) Projects that encourage the development and use of more selective fishing gear. -(ii) The design of community-based or cooperative management mechanisms that promote long-term stewardship and collaboration with fishery participants to develop strategies that increase environmental and economic sustainability. -(iii) Collaborative research and demonstration projects between fishery participants, scientists, and other interested parties. -(iv) Promotion of value-added wild fisheries to offset economic losses attributable to reduced fishing opportunities. -(v) The creation of revolving loan programs for the purpose of implementing sustainable fishery projects. -(D) Improve coastal water quality. -(E) Allow for increased public access to, and enjoyment of, ocean and coastal resources, consistent with sustainable, long-term protection and conservation of those resources. -(F) Improve management, conservation, and protection of coastal waters and ocean ecosystems. -(G) Provide monitoring and scientific data to improve state efforts to protect and conserve ocean resources. -(H) Protect, conserve, and restore coastal waters and ocean ecosystems, including any of the following: -(i) Acquisition, installation, and initiation of monitoring and enforcement systems. -(ii) Acquisition from willing sellers of vessels, equipment, licenses, harvest rights, permits, and other rights and property, to reduce threats to ocean ecosystems and resources. -(I) Address coastal water contamination from biological pathogens, including collaborative projects and activities to identify the sources of pathogens and develop detection systems and treatment methods. -(J) (i) Provide funding for adaptive management, planning, coordination, monitoring, research, and other necessary activities to minimize the adverse impacts of climate change on California’s ocean ecosystem, including, but not limited to, the effects of sea level rise, changes in ocean productivity, and ocean acidification on coastal and ocean habitat, wildlife, fisheries, chemistry, and other key attributes of ocean ecosystems and to increase the state’s understanding of the ocean’s role in carbon sequestration. Adaptive management strategies, planning, research, monitoring, or other activities shall be designed to improve the management of coastal and ocean resources or aid the state to adapt to climate change impacts. -(ii) Information or activities developed under clause (i), to the extent appropriate, shall provide guidance to the State Air Resources Board for the adoption of early action measures for the elimination or reduction of emissions from sources or categories of sources pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). -(c) Grants or loans may be made to a private entity pursuant to this section only for projects or activities that further public purposes consistent with Sections 35510, 35515, 35617, and 35632. -(d) Consistent with the purposes specified in Section 35515, and in furtherance of the findings in Sections 7059 and 7060 of the Fish and Game Code, the council, in authorizing grants or loans for projects or expenditures pursuant to this section, shall promote coordination of state programs and activities that protect and conserve ocean resources to avoid redundancy and conflicts to ensure that the state’s programs and activities are complementary.","The California Ocean Protection Act establishes the Ocean Protection Council and requires the council, among other things, to coordinate activities of state agencies that are related to the protection and conservation of coastal waters and ocean ecosystems, and to establish policies to coordinate the collection and sharing of scientific data related to coastal and ocean resources among agencies. The act creates the California Ocean Protection Trust Fund in the State Treasury and authorizes moneys deposited in the fund, upon appropriation by the Legislature, to be expended by the council for projects and activities authorized by the council consistent with the purposes of the act. -This bill would require the council, in consultation with the State Coastal Conservancy and other relevant entities, to establish and administer the Ocean Acidification and Hypoxia Reduction Program for the purposes of achieving specified goals. The bill would authorize moneys in the trust fund to be expended for grants or loans for projects or activities that further public purposes consistent with the Ocean Acidification and Hypoxia Reduction Program.","An act to amend Section 35650 of, and to add Chapter 3.1 (commencing with Section 35630) to Division 26.5 of, the Public Resources Code, relating to coastal resources." -375,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11323.2 of the Welfare and Institutions Code is amended to read: -11323.2. -(a) Necessary supportive services shall be available to every participant in order to participate in the program activity to which he or she is assigned or to accept employment or the participant shall have good cause for not participating under subdivision (f) of Section 11320.3. As provided in the welfare-to-work plan entered into between the county and participant pursuant to this article, supportive services shall include all of the following: -(1) Child care. -(A) Paid child care shall be available to every participant with a dependent child in the assistance unit who needs paid child care if the child is 10 years of age or under, or requires child care or supervision due to a physical, mental, or developmental disability or other similar condition as verified by the county welfare department, or who is under court supervision. -(B) To the extent funds are available, paid child care shall be available to a participant with a dependent child in the assistance unit who needs paid child care if the child is 11 or 12 years of age. -(C) Necessary child care services shall be available to every former recipient for up to two years, pursuant to Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code. -(D) A child in foster care receiving benefits under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) or a child who would become a dependent child except for the receipt of federal Supplemental Security Income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) shall be deemed to be a dependent child for the purposes of this paragraph. -(E) The provision of care and payment rates under this paragraph shall be governed by Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code. Parent fees shall be governed by subdivisions (g) and (h) of Section 8263 of the Education Code. -(2) (A) Transportation costs, which shall be governed by regional market rates as determined in accordance with regulations established by the department. -(B) A standard allowance for transportation costs shall be issued in advance to a participant at the beginning of each month in -an -the -amount -that is equal to the cost of a monthly pass for the county public transit system. If a county does not have a public transit system, the participant shall receive -of -one hundred dollars ($100) per month. A participant is entitled to opt out of the standard allowance at any time and make a reimbursement claim for the actual costs of transportation, and may submit this claim to the county by mail, in person, -or -or, if the county already has the technological capacity to do so, -via the county’s Internet Web site. -(3) (A) Ancillary expenses, which shall include the cost of books, tools, clothing specifically required for the job, fees, and other necessary costs. -(B) A participant who has been assigned to an educational activity -in a -full time, as defined by the -postsecondary -school -school, -shall receive a standard allowance of five hundred dollars -($500) -($500). If the participant has been assigned to an educational activity part time, as defined by the postsecondary school, he or she shall receive a standard allowance of two hundred fifty dollars ($250). An allowance paid pursuant to this subparagraph shall be paid no later than -15 days before the start of the semester to ensure that the participant has the funds necessary to purchase books and supplies required by the educational institution. The standard allowance shall be adjusted annually for inflation according to the California Consumer Price Index. A participant is entitled to opt out of the standard allowance at any time and make a reimbursement claim for the actual costs of books and supplies, and may submit this claim to the county by mail, in person, -or -or, if the county already has the technological capacity to do so, -via the county’s Internet Web site. -(4) Personal counseling. A participant who has personal or family problems that would affect the outcome of the welfare-to-work plan entered into pursuant to this article shall, to the extent available, receive necessary counseling or therapy to help him or her and his or her family adjust to his or her job or training assignment. -(b) If provided in a county plan, the county may continue to provide case management and supportive services under this section to former participants who become employed. The county may provide these services for up to the first 12 months of employment to the extent they are not available from other sources and are needed for the individual to retain the employment. -SEC. 2. -Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this act through an all-county letter or similar instruction from the director. The all-county letter or similar instruction shall be issued no later than April 1, 2017. -SEC. 3. -No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families block grant program, state, and county funds. Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid. Existing law requires that necessary supportive services be available to participants in welfare-to-work activities, including transportation costs and ancillary expenses, which include the cost of books, as provided in the welfare-to-work plan entered into between the county and the participant. -This bill would require that a standard allowance for transportation costs be advanced to a participant at the beginning of each month -in an amount that is equal to the cost of a monthly pass for the county public transit system, or if a county does not have a public transit system, -in the amount of $100 per month. The bill would also require that a participant who has been assigned to an educational activity in a postsecondary school -full time, as defined by the school, -receive a standard allowance of $500 for books and supplies, -or $250 if the participant has been assigned to an educational activity part time, as defined by the school, -adjusted annually as -specified, -specified. The bill would require the educational allowance to be paid -at least 15 days before the start of the semester. The bill would authorize the participant to opt out of these standard allowances at any time and make a reimbursement claim for actual costs, and to submit this claim to the county by mail, in person, -or -or, if the county already has the technological capacity to do so, -via the county’s Internet Web site. By increasing the duties of counties administering these services, this bill would impose a state-mandated local program. -(2) Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. -This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 11323.2 of the Welfare and Institutions Code, relating to CalWORKs." -376,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The goal of Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) is to provide greater levels of gender equity in schools. The results have been higher enrollment in colleges and universities, increased numbers of graduate degrees in science and mathematics, increased participation in athletics, and fairer treatment in cases of sexual and gender harassment. These benefits not only lead to higher self-esteem and enhanced leadership skills, but also to higher rates of graduation and greater levels of career success. Title IX was approved in 1972, yet noncompliance with its requirements is still problematic. -(b) Title IX addresses 10 key areas: Access to Higher Education, Athletics, Career Education, Education for Pregnant and Parenting Students, Employment, Learning Environment, Mathematics and Science, Sexual Harassment, Standardized Testing, and Technology. -(c) On January 20, 2015, the Senate Judiciary Committee held an informational hearing entitled “Attaining Equal Opportunity for Girls in California’s Secondary Schools: How our Schools are Complying with Title IX.” During the hearing, the committee heard from the United States Department of Education Office for Civil Rights and the State Department of Education. -(d) As demonstrated by testimony provided during the informational hearing, school districts are often unaware that Title IX requires them to do the following: -(1) Appoint a Title IX coordinator at both the district and school levels who is responsible for coordinating the school and school district’s Title IX compliance. The coordinator should not have other responsibilities that create a conflict of interest with his or her role as coordinator. -(2) Adopt and publish rules and procedures on how to receive, investigate, and respond to a complaint filed under Title IX. -(3) Notify all pupils, parents and guardians of pupils, and school staff of their rights under Title IX. -(e) A 2015 American Civil Liberties Union (ACLU) of California report found widespread unawareness among pupils and school administrators of the rights of pregnant and parenting pupils, including an extremely limited knowledge that pregnant pupils and those recovering from childbirth and related medical conditions are entitled to services available to other pupils with temporary medical conditions. -(f) The ACLU report found that only 4 percent of school districts surveyed included “parenting” status within the list of categories in the nondiscrimination board policy, 25 percent of pupil survey respondents indicated that they had been restricted from participating in an extracurricular activity, such as physical education or a sport, due to their pregnancy status, and 13 percent of pupil survey respondents said that they were required by their school district to move to an alternative or continuation school as a result of their pregnancy despite the law requiring that enrollment in separate programs for parenting pupils be strictly voluntary. -(g) Since Title IX was passed 44 years ago, it has been the subject of over 20 proposed amendments, reviews, Supreme Court cases, and other political actions. It is a living, breathing law that benefits countless women and girls. The lack of knowledge of and training on Title IX harms pupils. -SEC. 2. -Section 221.61 is added to the Education Code, immediately following Section 221.6, to read: -221.61. -(a) On or before July 1, 2017, public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools shall post in a prominent and conspicuous location on their Internet Web sites all of the following: -(1) The name and contact information of the Title IX coordinator for that public school, private school, school district, county office of education, or charter school, which shall include the Title IX coordinator’s phone number and email address. -(2) The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to, Internet Web links to information about those rights and responsibilities located on the Internet Web sites of the department’s Office for Equal Opportunity and the United States Department of Education Office of Civil Rights, and the list of rights specified in Section 221.8. -(3) A description of how to file a complaint under Title IX, which shall include all of the following: -(A) An explanation of the statute of limitations within which a complaint must be filed after an alleged incident of discrimination has occurred, and how a complaint may be filed beyond the statute of limitations. -(B) An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including, but not limited to, Internet Web links to this information on the United States Department of Education Office for Civil Rights’ Internet Web site. -(C) An Internet Web link to the United States Department of Education Office for Civil Rights complaints form, and the contact information for the office, which shall include the phone number and email address for the office. -(b) On or before April 1, 2017, and annually thereafter, the Superintendent shall send a letter through electronic means to all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools informing them of the requirement specified in subdivision (a) and of their responsibilities under Title IX. -(c) A public school that does not maintain an Internet Web site may comply with subdivision (a) by posting the information specified in paragraphs (1) to (3), inclusive, of subdivision (a) on the Internet Web site of its school district or county office of education. -(d) Nothing in this section shall be construed to require a school or local educational agency to establish an Internet Web site if the school or local educational agency does not already maintain one. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Sex Equity in Education Act, states the policy of the state that elementary and secondary school classes and courses, including nonacademic and elective classes and courses, be conducted without regard to the sex of the pupil enrolled in these classes or courses. Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. -This bill would require, on or before July 1, 2017, all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools to post in a prominent and conspicuous location on their Internet Web sites specified information relating to Title IX. The bill would require the Superintendent of Public Instruction to annually send a letter through electronic means to all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools informing them of the new requirement that would be created by this bill and of their responsibilities under Title IX. Because the bill would impose additional duties on public schools, school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 221.61 to the Education Code, relating to educational equity." -377,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California leads the nation in the number of homeless residents with 115,738 people experiencing homelessness at some point, which is 21 percent of the nation’s total. California also leads the nation in the number and ratio of chronically homeless residents with 29,178 chronically homeless residents at any point in time, which is 31 percent of the nation’s total. California also has 10,416 homeless youth, which is 28 percent of the nation’s total. -(b) Homelessness is expensive to the state and local governments. A homeless person receiving general assistance in Los Angeles County, for example, incurs $2,897 per month in crisis response services. -(c) A chronically homeless Californian moving into “supportive housing” is able to reduce costs he or she incurs by almost 80 percent. Moving an individual or family experiencing chronic homelessness to housing stability costs less than the resulting savings in public expenditures. -(d) Following the example of other states, as well as jurisdictions within California, it is the intent of the Legislature to adopt a “Housing First” model for all state programs funding housing for people experiencing homelessness or at risk of homelessness. These housing models should address the distinct needs of homeless populations, including unaccompanied youth under 25 years of age. -(e) Housing First is an evidence-based model of ending all types of homelessness and is the most effective approach to ending chronic homelessness. The federal government recognizes that Housing First yields high-housing retention rates, low returns to homelessness, and significant reductions in crisis or institutional care. The federal government also recognizes the value of time-limited housing to address the needs of unaccompanied homeless youth and persons fleeing domestic violence. -(f) Homelessness affects multiple systems in California. Though almost every state with significant homeless populations has established a council to coordinate a Housing First-oriented response to homelessness, California does not have any entity to manage the state’s response to homelessness. -(g) California participated in a federally funded policy academy to reduce chronic homelessness. That policy academy succeeded in revising programs that the Department of Housing and Community Development (HCD) administers, and in attracting federal funding opportunities requiring collaboration between the HCD and the State Department of Health Care Services. To implement additional successes, it is essential that California have a coordinating council on homelessness. -SEC. 2. -Chapter 6.5 (commencing with Section 8255) is added to Division 8 of the Welfare and Institutions Code, to read: -CHAPTER 6.5. Housing First and Coordinating Council -8255. -For purposes of this chapter: -(a) “Coordinating council” means the Homeless Coordinating and Financing Council established pursuant to Section 8257. -(b) “Core components of Housing First” means all of the following: -(1) Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services. -(2) Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of “housing readiness.” -(3) Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness. -(4) Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals. -(5) Participation in services or program compliance is not a condition of permanent housing tenancy. -(6) Tenants have a lease and all the rights and responsibilities of tenancy, as outlined in California’s Civil, Health and Safety, and Government codes. -(7) The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction. -(8) In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than “first-come-first-serve,” including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents. -(9) Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling. -(10) Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants’ lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses. -(11) The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants. -(c) “Homeless” has the same definition as that term is defined in Section, and move-in assistance. -(e) “State programs” means any programs a California state agency or department funds, implements, or administers for the purpose of providing housing or housing-based services to people experiencing homelessness or at risk of homelessness, with the exception of federally funded programs with requirements inconsistent with this chapter or programs that fund emergency shelters. -8256. -(a) Agencies and departments administering state programs created on or after July 1, 2017, shall collaborate with the coordinating council to adopt guidelines and regulations to incorporate core components of Housing First. -(b) By July 1, 2019, agencies and departments administering state programs in existence prior to July 1, 2017, shall collaborate with the coordinating council to revise or adopt guidelines and regulations that incorporate the core components of Housing First, if the existing guidelines and regulations do not already incorporate the core components of Housing First. -8257. -(a) Within 180 days of the effective date of the measure adding this chapter, the Governor shall create a Homeless Coordinating and Financing Council. -(b) The council shall have the following goals: -(1) To oversee implementation of this chapter. -(2) To identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California. -(3) To create partnerships among state agencies and departments, local government agencies, participants in the United States Department of Housing and Urban Development’s Continuum of Care Program, federal agencies, the United States Interagency Council on Homelessness, nonprofit entities working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness. -(4) To promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness, including unaccompanied youth under 25 years of age. -(5) To coordinate existing funding and applications for competitive funding. Any action taken pursuant to this paragraph shall not restructure or change any existing allocations or allocation formulas. -(6) To make policy and procedural recommendations to legislators and other governmental entities. -(7) To identify and seek funding opportunities for state entities that have programs to end homelessness, including, but not limited to, federal and philanthropic funding opportunities, and to facilitate and coordinate those state entities’ efforts to obtain that funding. -(8) To broker agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding. -(9) To serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California. -(10) To report to the Governor, federal Cabinet members, and the Legislature on homelessness and work to reduce homelessness. -(11) To ensure accountability and results in meeting the strategies and goals of the council. -(12) To identify and implement strategies to fight homelessness in small communities and rural areas. -(13) To create a statewide data system or warehouse that collects local data through Homeless Management Information Systems, with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs, such as Medi-Cal (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) and CalWORKS (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code). -(c) (1) The Governor shall appoint up to 15 members of the council as follows: -(A) A representative from the Department of Housing and Community Development. -(B) A representative of the State Department of Social Services. -(C) A representative of the California Housing Finance Agency. -(D) A representative of the State Department of Health Care Services. -(E) A representative of the Department of Veterans Affairs. -(F) A representative of the Department of Corrections and Rehabilitation. -(G) A representative from the California Tax Credit Allocation Committee in the Treasurer’s office. -(H) A representative of the Victim Services Program within the Division of Grants Management within the Office of Emergency Services. -(I) A formerly homeless person who lives in California. -(J) Two representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Development’s Continuum of Care Program. -(K) State advocates or other members of the public or state agencies, according to the Governor’s discretion. -(2) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one representative of the council from two different stakeholder organizations. -(3) The council may, at its discretion, invite stakeholders, individuals who have experienced homelessness, members of philanthropic communities, and experts to participate in meetings or provide information to the council. -(d) The council shall hold public meetings at least once every quarter. -(e) The members of the council shall serve at the pleasure of the Governor. -(f) Within existing funding, the council may establish working groups, task forces, or other structures from within its membership or with outside members to assist it in its work. Working groups, task forces, or other structures established by the council shall determine their own meeting schedules. -(g) The members of the council shall serve without compensation, except that members of the council who are, or have been, homeless may receive reimbursement for travel, per diem, or other expenses. -(h) The Department of Housing and Community Development shall provide staff for the council. -(i) The members of the council may enter into memoranda of understanding with other members of the council to achieve the goals set forth in this chapter, as necessary, in order to facilitate communication and cooperation between the entities the members of the council represent.","Existing law establishes various programs, including, among others, the Emergency Housing and Assistance Program, to provide assistance to homeless persons. -This bill would require a state agency or department that funds, implements, or administers a state program that provides housing or housing-related services to people experiencing homelessness or at risk of homelessness, except as specified, to revise or adopt guidelines and regulations to include enumerated Housing First policies. The bill would also establish the Homeless Coordinating and Financing Council to oversee the implementation of the Housing First guidelines and regulations and, among other things, to identify resources, benefits, and services that can be accessed to prevent and end homelessness in California.","An act to add Chapter 6.5 (commencing with Section 8255) to Division 8 of the Welfare and Institutions Code, relating to homelessness." -378,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) In the last decade, there has been a 70-percent drop in the number of people preparing to become California teachers. Last year, 22,000 new credentialed teachers were needed, but only 15,000 were acquired. -(b) California has the highest pupil-teacher ratio in the nation, and the gap widened during the budget cuts. By 2013, the state's pupil-teacher ratio reached 24 to 1, compared to the national average of 16 to 1. -(c) According to the California Teachers Association, nearly one in three teachers leave the profession within seven years, 13 percent of teachers leave the profession by the end of their second year, and, every year, 10 percent of teachers in high-poverty schools transfer to other schools. -(d) California’s registered voters consider the shortage of K–12 teachers a very serious problem, according to a poll commissioned by EdSource and the Learning Policy Institute. The survey of 1,002 registered voters statewide found there is strong support (85 percent) for having the state offer additional scholarships or partially forgive a teacher’s college loans as a way to increase the number of those entering the teaching profession. -(e) A 1997 study by S. Paul Wright, Sandra P. Horn, and William L. Sanders studied teachers and their classroom effects on pupil achievement. Through their results, they found that the most important factor affecting pupil achievement is the teacher, and that improving the effectiveness of teachers can improve education for children (Wright, Horn, and Sanders, 1997). A 2011 study conducted by Raj Chetty, John N. Friedman, and Jonah E. Rockoff suggested that pupils with effective teachers are more likely to attend college, attend higher-ranked colleges, earn higher salaries, live in higher socioeconomic status neighborhoods, and save more for retirement. -(f) A study published by the Learning Policy Institute, Addressing California’s Emerging Teacher Shortage: An Analysis of Sources and Solutions, reported that in mathematics and science, the number of credentials awarded to new, fully prepared teachers plunged by 32 percent and 14 percent, respectively, over the last four years (Linda Darling-Hammond, Roberta Furger, Patrick M. Shields, and Leib Sutcher, 2016). Consequently, the amount of underprepared mathematics and science teachers, such as those with temporary permits and waivers and intern credentials, increased by 23 percent and 51 percent, respectively (Darling-Hammond, Furger, Shields, and Sutcher, 2016). In special education, the number of credentials issued decreased by 21 percent between school years 2011–12 and school year 2013–14, while substandard permits and credentials decreased by 10 percent. Nearly one-half of the special education teachers licensed in California in school year 2013–14 lacked full preparation for teaching (Darling-Hammond, Furger, Shields, and Sutcher, 2016). -SEC. 2. -Section 33333.5 is added to the Education Code, to read: -33333.5. -(a) The department shall administer a program providing grants to full-time, credentialed teachers in accordance with all of the following: -(1) Commencing with the 2017–18 school year, and each school year thereafter, a full-time, credentialed teacher who has completed his or her first school year of teaching as of the end of that school year shall receive a grant of one thousand dollars ($1,000) during the next school year. -(2) Commencing with the 2018–19 school year, and each school year thereafter, a full-time, credentialed teacher who has completed two school years of full-time teaching as of the end of that school year shall receive a grant of one thousand dollars ($1,000) during the next school year. -(3) Commencing with the 2019–20 school year, and each school year thereafter, a full-time, credentialed teacher who has completed three school years of full-time teaching as of the end of that school year shall receive a grant of two thousand five hundred dollars ($2,500) during the next school year. -(4) Commencing with the 2020–21 school year, and each school year thereafter, a full-time, credentialed teacher who has completed four school years of full-time teaching as of the end of that school year shall receive a grant of two thousand five hundred dollars ($2,500) during the next school year. -(5) Commencing with the 2021–22 school year, and each school year thereafter, a full-time, credentialed teacher who has completed five school years of full-time teaching as of the end of that school year shall receive a grant of five thousand dollars ($5,000) during the next school year. -(6) Commencing with the 2022–23 school year, and each school year thereafter, a full-time, credentialed teacher who has completed six or more school years of full-time teaching as of the end of that school year shall receive a grant of five thousand dollars ($5,000) during the next school year. -(7) A qualifying teacher may receive grants under this section in multiple school years, but no teacher shall receive more than one grant in a school year under this section. -(b) As used in this section, the following terms shall have the following meanings: -(1) “Credentialed teacher” means a full-time teacher credentialed pursuant to Sections 80021 to 80025, inclusive, of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations, if he or she serves as the teacher of record in a California public elementary or secondary school for a classroom for at least one schoolday during the taxable year in which the credit is claimed. “Credentialed teacher” shall not include a teacher who solely possesses a 30-day substitute teaching permit, as defined in Section 80025 of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations. “Credentialed teacher” shall not include a teacher whose sole public school employment as a teacher of record during the school year occurred at a charter school established under the Charter Schools Act of 1992 (Part 26.8 (commencing with Section 47600) of Division 4). -(2) “Full time” means a minimum of 35 hours per week worked. -SEC. -3. -The State Department of Education shall submit a report to the Legislature on or before July 1, 2022, on the effectiveness of the grant program established pursuant to Section 33333.5 of the Education Code as added by Section 2 of this act. This report shall be submitted in compliance with Section 9795 of the Government Code. -SECTION 1. -Section 17053 is added to the -Revenue and Taxation Code -, to read: -17053. -(a)For each taxable year beginning on or after January 1, 2017, there shall be allowed to a qualified taxpayer a credit against the “net tax,” as defined in Section 17039, in an amount equal to five thousand dollars ($5,000). -(b)For the purposes of this section: -(1)“Full time” means a minimum of 35 hours per week worked. -(2)“Qualified taxpayer” means a full-time teacher credentialed pursuant to Sections 80021 to 80025, inclusive, of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations, if he or she serves as the teacher of record for a classroom for at least one schoolday during the taxable year in which the credit is claimed. “Qualified taxpayer” shall not include a teacher who solely possesses a 30-day substitute teaching permit, as defined in Section 80025 of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations. -(c)(1)Subject to paragraph (2), in the case where the credit allowed by this section exceeds the “net tax” the excess may be carried over to reduce the “net tax,” in the following year, and succeeding years if necessary, until the credit is exhausted. -(2)It is the intent of the Legislature to enact legislation to provide that in the case where the credit allowed by this section exceeds the “net tax,” the excess, in lieu of the carryforward pursuant to paragraph (1), may be refunded to taxpayers, upon appropriation by the Legislature. -(d)Section 41 does not apply to the tax credit allowed by this section. -SEC. 2. -The Legislature finds and declares that it is the intent of the Legislature that, pursuant to legislation to be enacted by the Legislature, the state would treat an appropriation that would be made as described in paragraph (2) of subdivision (c) of Section 17053 of the Revenue and Taxation Code as a tax expenditure program that would have no impact on school funding, state reserves, or debt-related payments. To this end, any appropriation for the refundable portion of the tax credit that would be allowed pursuant to legislation by the Legislature would not reduce state obligations set forth in Sections 8, 20, and 21 of Article XVI of the California Constitution. -SEC. 3. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","Existing law establishes the State Department of Education, under the administration of the Superintendent of Public Instruction, and assigns to the department numerous duties relating to the financing, governance, and guidance of the public elementary and secondary schools in this state. -This bill would establish a grant program under the administration of the department for full-time, credentialed teachers, as defined. -The bill would provide that, commencing with the 2017–18 school year, and each school year thereafter, a full-time, credentialed teacher who has completed his or her first school year of full-time teaching as of the end of that school year would receive a grant of $1,000 during the next school year. The bill would provide that, commencing with the 2018–19 school year, and each school year thereafter, a full-time, credentialed teacher who has completed 2 school years of full-time teaching as of the end of that school year would receive a grant of $1,000 during the next school year. The bill would further provide that, commencing with the 2019–20 school year, and each school year thereafter, a full-time, credentialed teacher who has completed 3 school years of full-time teaching as of the end of that school year would receive a grant of $2,500 during the next school year. The bill would also provide that, commencing with the 2020–21 school year, and each school year thereafter, a full-time, credentialed teacher who has completed 4 school years of full-time teaching as of the end of that school year would receive a grant of $2,500 during the next school year. The bill would also provide that, commencing with the 2021–22 school year, and each school year thereafter, a full-time, credentialed teacher who has completed 5 school years of full-time teaching as of the end of that school year would receive a grant of $5,000 during the next school year. The bill would further provide that, commencing with the 2022–23 school year, and each school year thereafter, a full-time credentialed teacher who has completed 6 or more school years of full-time teaching would receive a grant of $5,000 during the next school year. -The bill would specify that a qualifying teacher may receive grants under these provisions in multiple school years, but would prohibit a teacher from receiving more than one grant in a school year under these provisions. -The bill would require the department to submit a report to the Legislature on or before July 1, 2022, on the effectiveness of the grant program. -The Personal Income Tax Law allows various credits against the taxes imposed by that law. -This bill would, for taxable years beginning on or after January 1, 2017, allow a credit under the Personal Income Tax Law in an amount equal to $5,000 to a qualified taxpayer, as defined to include specified full-time teachers. This bill would state the intent of the Legislature to enact legislation to provide that the credit amount in excess of tax liability would be refundable in those years in which an appropriation for that purpose is made by the Legislature and includes findings relating to that appropriation. -This bill would take effect immediately as a tax levy.","An act to add Section -17053 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. -33333.5 to the Education Code, -relating to teachers." -379,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) Short-lived climate pollutants, such as black carbon, fluorinated gases, and methane, are powerful climate forcers that have a dramatic and detrimental effect on air quality, public health, and climate change. -(2) These pollutants create a warming influence on the climate that is many times more potent than that of carbon dioxide. -(3) Short-lived climate pollutants that are toxic air contaminants also are a significant environmental risk factor for premature death. -(4) Reducing emissions of these pollutants can have an immediate beneficial impact on climate change and on public health. -(5) To the extent possible, efforts to reduce emissions of short-lived climate pollutants should focus on areas of the state that are disproportionately affected by poor air quality. -(b) It is the intent of the Legislature to support the adoption of policies that improve organics recycling and innovative, cost effective, and environmentally beneficial uses of biomethane derived from solid waste facilities. -(c) It is intent of the Legislature that the disposal reduction targets established pursuant to Section 39730.6 of the Health and Safety Code shall serve as a statewide average target and not as a minimum requirement for each jurisdiction. -SEC. 2. -Section 39730.5 is added to the Health and Safety Code, to read: -39730.5. -(a) No later than January 1, 2018, the state board shall approve and begin implementing the comprehensive short-lived climate pollutant strategy developed pursuant to Section 39730 to achieve a reduction in the statewide emissions of methane by 40 percent, hydrofluorocarbon gases by 40 percent, and anthropogenic black carbon by 50 percent below 2013 levels by 2030. -(b) Prior to approving the short-lived climate pollutant strategy pursuant to subdivision (a), the state board shall do all of the following: -(1) Coordinate with other state and local agencies and districts to develop measures identified as part of the strategy. -(2) Provide a forum for public engagement by holding at least three public hearings in geographically diverse locations throughout the state. -(3) Evaluate the best-available scientific, technological, and economic information to ensure that the strategy is cost effective and technologically feasible. -(4) Incorporate and prioritize, as appropriate, measures and actions that provide the following cobenefits: -(A) Job growth and local economic benefits in the state. -(B) Public health benefits. -(C) Potential for new innovation in technology, energy, and resource management practices. -(c) The state board shall publicly notice the strategy described in subdivision (a) and post a copy of that strategy on the state board’s Internet Web site at least one month prior to the state board approving the strategy pursuant to subdivision (a). -SEC. 3. -Section 39730.6 is added to the Health and Safety Code, to read: -39730.6. -(a) Consistent with Section 39730.5, methane emissions reduction goals shall include the following targets to reduce the landfill disposal of organics: -(1) A 50-percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020. -(2) A 75-percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. -(b) Except as provided in this section and Section 42652.5 of the Public Resources Code, the state board shall not adopt, prior to January 1, 2025, requirements to control methane emissions associated with the disposal of organic waste in landfills other than through landfill methane emissions control regulations. -SEC. 4. -Section 39730.7 is added to the Health and Safety Code, to read: -39730.7. -(a) For purposes of this section, the following terms have the following meanings: -(1) “Department” means the Department of Food and Agriculture. -(2) “Commission” means the Public Utilities Commission. -(3) “Energy commission” means the State Energy Resources Conservation and Development Commission. -(4) “Strategy” means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730. -(b) (1) The state board, in consultation with the department, shall adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with this section and the strategy, by up to 40 percent below the dairy sector’s and livestock sector’s 2013 levels by 2030. -(2) Prior to adopting regulations pursuant to paragraph (1), the state board shall do all of the following: -(A) Work with stakeholders to identify and address technical, market, regulatory, and other challenges and barriers to the development of dairy methane emissions reduction projects. The group of stakeholders shall include a broad range of stakeholders involved in the development of dairy methane reduction projects, including, but not limited to, project developers, dairy and livestock industry representatives, state and local permitting agencies, energy agency representatives, compost producers with experience composting dairy manure, environmental and conservation stakeholders, public health experts, and others with demonstrated expertise relevant to the success of dairy methane emissions reduction efforts. -(B) Provide a forum for public engagement by holding at least three public meetings in geographically diverse locations throughout the state where dairy operations and livestock operations are present. -(C) In consultation with the department, do both of the following: -(i) Conduct or consider livestock and dairy operation research on dairy methane emissions reduction projects, including, but not limited to, scrape manure management systems, solids separation systems, and enteric fermentation. -(ii) Consider developing and adopting methane emissions reduction protocols. -(3) The state board shall make available to the public by posting on its Internet Web site a report on the progress made in implementing paragraph (2). Pursuant to Section 9795 of the Government Code, the state board shall notify the Legislature of the report. -(4) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the regulations adopted pursuant to paragraph (1) shall be implemented on or after January 1, 2024, if the state board, in consultation with the department, determines all of the following: -(A) The regulations are technologically feasible. -(B) The regulations are economically feasible considering milk and live cattle prices and the commitment of state, federal, and private funding, among other things, and that markets exist for the products generated by dairy manure management and livestock manure management methane emissions reduction projects, including composting, biomethane, and other products. The analysis shall include consideration of both of the following: -(i) Electrical interconnection of onsite electrical generation facilities using biomethane. -(ii) Access to common carrier pipelines available for the injection of digester biomethane. -(C) The regulations are cost effective. -(D) The regulations include provisions to minimize and mitigate potential leakage to other states or countries, as appropriate. -(E) The regulations include an evaluation of the achievements made by incentive-based programs. -(c) No later than July 1, 2020, the state board, in consultation with the department, shall analyze the progress the dairy and livestock sector has made in achieving the goals identified in the strategy and specified in paragraph (1) of subdivision (b). The analysis shall determine if sufficient progress has been made to overcome technical and market barriers, as identified in the strategy. If the analysis determines that progress has not been made in meeting the targets due to insufficient funding or technical or market barriers, the state board, in consultation with the department and upon consultation with stakeholders, may reduce the goal in the strategy for the dairy and livestock sectors, as identified pursuant to paragraph (1). -(d) (1) (A) No later than January 1, 2018, the state board, in consultation with the commission and the energy commission, shall establish energy infrastructure development and procurement policies needed to encourage dairy biomethane projects to meet the goal identified pursuant to paragraph (1) of subdivision (b). -(B) The state board shall develop a pilot financial mechanism to reduce the economic uncertainty associated with the value of environmental credits, including credits pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) from dairy-related projects producing low-carbon transportation fuels. The state board shall make recommendations to the Legislature for expanding this mechanism to other sources of biogas. -(2) No later than January 1, 2018, the commission, in consultation with the state board and the department, shall direct gas corporations to implement not less than five dairy biomethane pilot projects to demonstrate interconnection to the common carrier pipeline system. For the purposes of these pilot projects, gas corporations may recover in rates the reasonable cost of pipeline infrastructure developed pursuant to the pilot projects. -(e) No later than January 1, 2018, the state board shall provide guidance on credits generated pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) and the market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5 from the methane reduction protocols described in the strategy and shall ensure that projects developed before the implementation of regulations adopted pursuant to subdivision (b) receive credit for at least 10 years. Projects shall be eligible for an extension of credits after the first 10 years to the extent allowed by regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)). -(f) Enteric emissions reductions shall be achieved only through incentive-based mechanisms until the state board, in consultation with the department, determines that a cost-effective, considering the impact on animal productivity, and scientifically proven method of reducing enteric emissions is available and that adoption of the enteric emissions reduction method would not damage animal health, public health, or consumer acceptance. Voluntary enteric emissions reductions may be used toward satisfying the goals of this chapter. -(g) Except as provided in this section, the state board shall not adopt methane emissions reduction regulations controlling the emissions of methane from dairy operations or livestock operations to achieve the 2020 and 2030 greenhouse gas emissions reduction goals established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)). -(h) Nothing in this section shall limit the authority of the state board to acquire planning and baseline information, including requiring the monitoring and reporting of emissions. -(i) This section does not in any way affect the state board’s or districts’ authority to regulate emissions of criteria pollutants, toxic air contaminants, or other pollutants pursuant to other provisions of this division. -SEC. 5. -Section 39730.8 is added to the Health and Safety Code, to read: -39730.8. -(a) For purposes of this section, the following terms have the following meanings: -(1) “Commission” means the Public Utilities Commission. -(2) “Energy commission” means the State Energy Resources Conservation and Development Commission. -(3) “Strategy” means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730. -(b) The energy commission, in consultation with the state board and the commission, shall develop recommendations for the development and use of renewable gas, including biomethane and biogas, as a part of its 2017 Integrated Energy Policy Report prepared pursuant to Section 25302 of the Public Resources Code. In developing the recommendations, the energy commission shall identify cost-effective strategies that are consistent with existing state policies and climate change goals by considering priority end uses of renewable gas, including biomethane and biogas, and their interactions with state policies, including biomethane and all of the following: -(1) The Renewables Portfolio Standard program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). -(2) The Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations). -(3) Waste diversion goals established pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code. -(4) The market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5. -(5) The strategy. -(c) Based on the recommendations developed pursuant to subdivision (b), and to meet the state’s climate change, renewable energy, low-carbon fuel, and short-lived climate pollutants goals, including black carbon, landfill diversion, and dairy methane targets identified in the strategy, state agencies shall consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas, including biomethane and biogas. -(d) Based on the recommendations developed pursuant to subdivision (b), the commission, in consultation with the energy commission and the state board, shall consider additional policies to support the development and use in the state of renewable gas, including biomethane and biogas, that reduce short-lived climate pollutants in the state. -(e) In implementing this section, priority shall be given to fuels with the greatest greenhouse gas emissions benefits, including the consideration of carbon intensity and reduction in short-lived climate pollutants, as appropriate. -SEC. 6. -Chapter 13.1 (commencing with Section 42652) is added to Part 3 of Division 30 of the Public Resources Code, to read: -CHAPTER 13.1. Short-Lived Climate Pollutants -42652. -The Legislature finds and declares all of the following: -(a) The organic disposal reduction targets are essential to achieving the statewide recycling goal identified in Section 41780.01. -(b) Achieving organic waste disposal reduction targets requires significant investment to develop organics recycling capacity. -(c) More robust state and local funding mechanisms are needed to support the expansion of organics recycling capacity. -42652.5. -(a) The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following: -(1) May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance. -(2) Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025. -(3) Shall not establish a numeric organic waste disposal limit for individual landfills. -(4) May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a jurisdiction. -(5) May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850. -(6) Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations. -(b) A local jurisdiction may charge and collect fees to recover the local jurisdiction’s costs incurred in complying with the regulations adopted pursuant to this section. -42653. -(a) No later than July 1, 2020, the department, in consultation with the State Air Resources Board, shall analyze the progress that the waste sector, state government, and local governments have made in achieving the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The analysis shall include all of the following: -(1) The status of new organics recycling infrastructure development, including the commitment of state funding and appropriate rate increases for solid waste and recycling services to support infrastructure expansion. -(2) The progress in reducing regulatory barriers to the siting of organics recycling facilities and the timing and effectiveness of policies that will facilitate the permitting of organics recycling infrastructure. -(3) The status of markets for the products generated by organics recycling facilities, including cost-effective electrical interconnection and common carrier pipeline injection of digester biomethane and the status of markets for compost, biomethane, and other products from the recycling of organic waste. -(b) If the department determines that significant progress has not been made on the items analyzed pursuant to subdivision (a), the department may include incentives or additional requirements in the regulations described in Section 42652 to facilitate progress towards achieving the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department may, upon consultation with stakeholders, recommend to the Legislature revisions to those organic waste reduction goals. -42654. -This chapter shall not limit the authority of a local jurisdiction to adopt, implement, or enforce requirements in addition to those set forth in the regulations adopted pursuant to this chapter. -SEC. 7. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","(1) The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. The state board is also required to complete a comprehensive strategy to reduce emissions of short-lived climate pollutants, as defined, in the state. -This bill would require the state board, no later than January 1, 2018, to approve and begin implementing that comprehensive strategy to reduce emissions of short-lived climate pollutants to achieve a reduction in methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030, as specified. The bill also would establish specified targets for reducing organic waste in landfills. -This bill would require the state board, in consultation with the Department of Food and Agriculture, to adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, as specified. The bill would require the state board to take certain actions prior to adopting those regulations. This bill would require the regulations to take effect on or after January 1, 2024, if the state board, in consultation with the department, makes certain determinations. -This bill would require the state board, the Public Utilities Commission, and the State Energy Resources Conservation and Development Commission to undertake various actions related to reducing short-lived climate pollutants in the state. The bill would require state agencies to consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas. -(2) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program that requires each county and city and county to prepare and submit to the department a countywide integrated waste management plan. -The bill would require the department, in consultation with the state board, to adopt regulations that achieve the specified targets for reducing organic waste in landfills. The bill would authorize local jurisdictions to charge and collect fees to recover the local jurisdiction’s costs incurred in complying with the regulations. The bill would require, no later than July 1, 2020, the department, in consultation with the state board, to analyze the progress that the waste sector, state government, and local governments have made in achieving the specified targets for reducing organic waste in landfills. The bill would authorize the department, depending on the outcome of that analysis, to amend the regulations to include incentives or additional requirements, as specified. By adding to the duties of local governments related to organic waste in landfills, this bill would impose a state-mandated local program. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and to add Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, relating to methane emissions." -380,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares the following: -(1) According to a national study, false confessions extracted during police questioning of suspects have been identified as a leading cause of a wrongful conviction. Although threats and coercion sometimes lead innocent people to confess, even the most standardized interrogations can result in a false confession or admission. Mentally ill or mentally disabled persons are particularly vulnerable, and some confess to crimes because they want to please authority figures or to protect another person. Additionally, innocent people may come to believe that they will receive a harsher sentence, or even the death penalty, unless they confess to the alleged crime. -(2) Three injustices result from false confessions. First, a false confession can result in an innocent person being incarcerated. Second, when an innocent person is incarcerated, the criminal investigations end and the real perpetrator remains free to commit similar or potentially worse crimes. Third, victims’ families are subjected to double the trauma: the loss of, or injury occurring to, a loved one and the guilt over the conviction of an innocent person. Mandating electronic recording of custodial interrogations of both adults and juveniles will improve criminal investigation techniques, reduce the likelihood of wrongful convictions, and further the cause of justice in California. -(3) Evidence of a defendant’s alleged statement or confession is one of the most significant pieces of evidence in any criminal trial. Although confessions and admissions are the most accurate evidence used to solve countless crimes, they can also lead to wrongful convictions. When there is a complete recording of the entire interrogation that produced such a statement or confession, the factfinder can evaluate its precise contents and any alleged coercive influences that may have produced it. -(b) For these reasons, it is the intent of the Legislature to require electronic recording of custodial interrogations of both adults and juveniles. Recording interrogations decreases wrongful convictions based on false confessions and enhances public confidence in the criminal justice process. Properly recorded interrogations provide the best evidence of the communications that occurred during an interrogation, prevent disputes about how an officer conducted himself or herself or treated a suspect during the course of an interrogation, prevent a defendant from lying about the account of events he or she originally provided to law enforcement, and spare judges and jurors the time necessary and the need to assess which account of an interrogation to believe. -SEC. 2. -Section 859.5 of the Penal Code is amended to read: -859.5. -(a) Except as otherwise provided in this section, a custodial interrogation of any person, including an adult or a minor, who is in a fixed place of detention, and suspected of committing murder, as listed in Section 187 or 189 of this code, or paragraph (1) of subdivision (b) of Section 707 of the Welfare and Institutions Code, shall be electronically recorded in its entirety. A statement that is electronically recorded as required pursuant to this section creates a rebuttable presumption that the electronically recorded statement was, in fact, given and was accurately recorded by the prosecution’s witnesses, provided that the electronic recording was made of the custodial interrogation in its entirety and the statement is otherwise admissible. -(b) The requirement for the electronic recordation of a custodial interrogation pursuant to this section shall not apply under any of the following circumstances: -(1) Electronic recording is not feasible because of exigent circumstances. An explanation of the exigent circumstances shall be documented in the police report. -(2) The person to be interrogated states that he or she will speak to a law enforcement officer only if the interrogation is not electronically recorded. If feasible, that statement shall be electronically recorded. The requirement also does not apply if the person being interrogated indicates during interrogation that he or she will not participate in further interrogation unless electronic recording ceases. If the person being interrogated refuses to record any statement, the officer shall document that refusal in writing. -(3) The custodial interrogation occurred in another jurisdiction and was conducted by law enforcement officers of that jurisdiction in compliance with the law of that jurisdiction, unless the interrogation was conducted with intent to avoid the requirements of this section. -(4) The interrogation occurs when no law enforcement officer conducting the interrogation has knowledge of facts and circumstances that would lead an officer to reasonably believe that the individual being interrogated may have committed murder for which this section requires that a custodial interrogation be recorded. If during a custodial interrogation, the individual reveals facts and circumstances giving a law enforcement officer conducting the interrogation reason to believe that murder has been committed, continued custodial interrogation concerning that offense shall be electronically recorded pursuant to this section. -(5) A law enforcement officer conducting the interrogation or the officer’s superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. An explanation of the circumstances shall be documented in the police report. -(6) The failure to create an electronic recording of the entire custodial interrogation was the result of a malfunction of the recording device, despite reasonable maintenance of the equipment, and timely repair or replacement was not feasible. -(7) The questions presented to a person by law enforcement personnel and the person’s responsive statements were part of a routine processing or booking of that person. Electronic recording is not required for spontaneous statements made in response to questions asked during the routine processing of the arrest of the person. -(8) The interrogation of a person who is in custody on a charge of a violation of Section 187 or 189 of this code or paragraph (1) of subdivision (b) of Section 707 of the Welfare and Institutions Code if the interrogation is not related to any of these offenses. If, during the interrogation, any information concerning one of these offenses is raised or mentioned, continued custodial interrogation concerning that offense shall be electronically recorded pursuant to this section. -(c) If the prosecution relies on an exception in subdivision (b) to justify a failure to make an electronic recording of a custodial interrogation, the prosecution shall show by clear and convincing evidence that the exception applies. -(d) A person’s statements that were not electronically recorded pursuant to this section may be admitted into evidence in a criminal proceeding or in a juvenile court proceeding, as applicable, if the court finds that all of the following apply: -(1) The statements are admissible under applicable rules of evidence. -(2) The prosecution has proven by clear and convincing evidence that the statements were made voluntarily. -(3) Law enforcement personnel made a contemporaneous audio or audio and visual recording of the reason for not making an electronic recording of the statements. This provision does not apply if it was not feasible for law enforcement personnel to make that recording. -(4) The prosecution has proven by clear and convincing evidence that one or more of the circumstances described in subdivision (b) existed at the time of the custodial interrogation. -(e) Unless the court finds that an exception in subdivision (b) applies, all of the following remedies shall be granted as relief for noncompliance: -(1) Failure to comply with any of the requirements of this section shall be considered by the court in adjudicating motions to suppress a statement of a defendant made during or after a custodial interrogation. -(2) Failure to comply with any of the requirements of this section shall be admissible in support of claims that a defendant’s statement was involuntary or is unreliable, provided the evidence is otherwise admissible. -(3) If the court finds that a defendant was subject to a custodial interrogation in violation of subdivision (a), the court shall provide the jury with an instruction, to be developed by the Judicial Council, that advises the jury to view with caution the statements made in that custodial interrogation. -(f) The interrogating entity shall maintain the original or an exact copy of an electronic recording made of a custodial interrogation until a conviction for any offense relating to the interrogation is final and all direct and habeas corpus appeals are exhausted or the prosecution for that offense is barred by law or, in a juvenile court proceeding, as otherwise provided in subdivision (b) of Section 626.8 of the Welfare and Institutions Code. The interrogating entity may make one or more true, accurate, and complete copies of the electronic recording in a different format. -(g) For the purposes of this section, the following terms have the following meanings: -(1) “Custodial interrogation” means any interrogation in a fixed place of detention involving a law enforcement officer’s questioning that is reasonably likely to elicit incriminating responses, and in which a reasonable person in the subject’s position would consider himself or herself to be in custody, beginning when a person should have been advised of his or her constitutional rights, including the right to remain silent, the right to have counsel present during any interrogation, and the right to have counsel appointed if the person is unable to afford counsel, and ending when the questioning has completely finished. -(2) (A) For the purposes of the custodial interrogation of a minor, pursuant to subdivision (a) or (b), “electronically recorded,” “electronic recordation,” and “electronic recording” refer to a video recording that accurately records a custodial interrogation. -(B) For the purposes of the custodial interrogation of an adult, pursuant to subdivision (a) or (b), “electronically recorded,” “electronic recordation,” and “electronic recording” refer to a video or audio recording that accurately records a custodial interrogation. The Legislature encourages law enforcement agencies to use video recording when available. -(3) “Fixed place of detention” means a fixed location under the control of a law enforcement agency where an individual is held in detention in connection with a criminal offense that has been, or may be, filed against that person, including a jail, police or sheriff’s station, holding cell, correctional or detention facility, juvenile hall, or a facility of the Division of Juvenile Facilities. -(4) “Law enforcement officer” means a person employed by a law enforcement agency whose duties include enforcing criminal laws or investigating criminal activity, or any other person who is acting at the request or direction of that person. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the electronic recording of the entire custodial interrogation of a minor who is in a fixed place of detention, as defined, and who, at the time of the interrogation, is suspected of committing or accused of committing murder. Existing law sets forth various exceptions from this requirement, including if the law enforcement officer conducting the interrogation or his or her superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. Existing law requires the prosecution to show by clear and convincing evidence that an exception applies to justify the failure to make that electronic recording. Existing law requires the interrogating entity to maintain the original or an exact copy of an electronic recording made of the interrogation until the final conclusion of the proceedings, as specified. Existing law additionally requires the court to provide jury instructions developed by the Judicial Council if the court finds that a defendant was subjected to a custodial interrogation in violation of the above-mentioned provisions. -This bill would make this electronic recording requirement applicable to the custodial interrogation of any person suspected of committing murder. By imposing new requirements on local law enforcement, this bill would impose a state-mandated local program. The bill would exempt from the electronic recording requirement the interrogation of a person who is in custody on a charge of murder if the interrogation is not related to the commission of murder, as specified. -Existing law defines “electronic recording” for these provisions as a video recording that accurately records a custodial interrogation. -This bill would specify that the above definition applies only to the custodial interrogation of a minor. The bill would expand the definition to include a video or audio recording in the case of the custodial interrogation of an adult and would express the Legislature’s encouragement that law enforcement agencies use video recording when available. -This bill would make technical, nonsubstantive changes to the above provisions. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 859.5 of the Penal Code, relating to interrogation." -381,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 22962 of the Business and Professions Code is amended to read: -22962. -(a) For purposes of this section, the following terms have the following meanings: -(1) “Self-service display” means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. -(2) “Tobacco paraphernalia” means cigarette papers or wrappers, blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, or other instruments or things designed for the smoking or ingestion of tobacco products. -(3) “Tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. -(4) “Tobacco store” means a retail business that meets all of the following requirements: -(A) Primarily sells tobacco products. -(B) Generates more than 60 percent of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia. -(C) Does not permit any person under -18 -21 -years of age to be present or enter the premises at any time, unless accompanied by the person’s parent or legal guardian, as defined in Section 6903 of the Family Code. -(D) Does not sell alcoholic beverages or food for consumption on the premises. -(b) (1) (A) Except as permitted in subdivision (b) of Section 22960, it is unlawful for a person engaged in the retail sale of tobacco products to sell, offer for sale, or display for sale any tobacco product or tobacco paraphernalia by self-service display. A person who violates this section is subject to those civil penalties specified in the schedule in subdivision (a) of Section 22958. -(B) A person who violates this section is subject to those civil penalties specified in the schedule in subdivision (a) of Section 22958. -(2) It is unlawful for a person engaged in the retail sale of blunt wraps to place or maintain, or to cause to be placed or maintained, any blunt wraps advertising display within two feet of candy, snack, or nonalcoholic beverage displayed inside any store or business. -(3) It is unlawful for any person or business to place or maintain, or cause to be placed or maintained, any blunt wrap advertising display that is less than four feet above the floor. -(c) Subdivision (b) shall not apply to the display in a tobacco store of cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco, provided that in the case of cigars they are generally not sold or offered for sale in a sealed package of the manufacturer or importer containing less than six cigars. In any enforcement action brought pursuant to this division, the retail business that displays any of the items described in this subdivision in a self-service display shall have the burden of proving that it qualifies for the exemption established in this subdivision. -(d) The Attorney General, a city attorney, a county counsel, or a district attorney may bring a civil action to enforce this section. -(e) This section does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to tobacco products than the restrictions imposed by this section. To the extent that there is an inconsistency between this section and a local standard that imposes greater restrictions on the access to tobacco products, the greater restriction on the access to tobacco products in the local standard shall prevail. -SECTION 1. -SEC. 2. -Section 22971 of the Business and Professions Code is amended to read: -22971. -For purposes of this division, the following terms shall have the following meanings: -(a) “Board” means the State Board of Equalization. -(b) “Brand family” has the same meaning as that term is defined in paragraph (2) of subdivision (a) of Section 30165.1 of the Revenue and Taxation Code. -(c) “Cigarette” means a cigarette as defined in Section 30003 of the Revenue and Taxation Code. -(d) (1) “Control” or “controlling” means possession, direct or indirect, of the power: -(A) To vote 25 percent or more of any class of the voting securities issued by a person. -(B) To direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, other than a commercial contract for goods or nonmanagement services, or as otherwise provided; however, no individual shall be deemed to control a person solely on account of being a director, officer, or employee of that person. -(2) For purposes of subparagraph (B) of paragraph (1), a person who, directly or indirectly, owns, controls, holds, with the power to vote, or holds proxies representing 10 percent or more of the then outstanding voting securities issued by another person, is presumed to control that other person. -(3) For purposes of this division, the board may determine whether a person in fact controls another person. -(e) “Display for sale” means the placement of cigarettes or tobacco products in a vending machine or in retail stock for the purpose of selling or gifting the cigarettes or tobacco products. For purposes of this definition, the clear and easily visible display of cigarettes or tobacco products shall create a rebuttable presumption that either were displayed for sale. -(f) “Distributor” means a distributor as defined in Section 30011 of the Revenue and Taxation Code. -(g) “Gifting” means any transfer of title or possession without consideration, exchange, or barter, in any manner or by any means, of cigarettes or tobacco products that have been purchased for resale under a license issued pursuant to this division if the transfer occurs while the license is suspended or after the effective date of its revocation. -(h) “Importer” means an importer as defined in Section 30019 of the Revenue and Taxation Code. -(i) “Law enforcement agency” means a sheriff, a police department, or a city, county, or city and county agency or department designated by the governing body of that agency to enforce this chapter or to enforce local smoking and tobacco ordinances and regulations. -(j) “License” means a license issued by the board pursuant to this division. -(k) “Licensee” means any person holding a license issued by the board pursuant to this division. -(l) “Manufacturer” means a manufacturer of cigarettes or tobacco products sold in this state. -(m) “Notice” or “notification” means, unless as otherwise provided, the written notice or notification provided to a licensee by the board by either actual delivery to the licensee or by first-class mail addressed to the licensee at the address on the license. -(n) “Package of cigarettes” means a package as defined in Section 30015 of the Revenue and Taxation Code. -(o) “Person” means a person as defined in Section 30010 of the Revenue and Taxation Code. -(p) “Retailer” means a person who engages in this state in the sale of cigarettes or tobacco products directly to the public from a retail location. Retailer includes a person who operates vending machines from which cigarettes or tobacco products are sold in this state. -(q) “Retail location” means both of the following: -(1) Any building from which cigarettes or tobacco products are sold at retail. -(2) A vending machine. -(r) “Sale” or “sold” means a sale as defined in Section 30006 of the Revenue and Taxation Code. -(s) “Tobacco products” means tobacco products as defined in -subdivision (d) of Section 22950.5 and -subdivision (b) of Section 30121 and subdivision (b) of Section 30131.1 of the Revenue and Taxation Code. -(t) “Unstamped package of cigarettes” means a package of cigarettes that does not bear a tax stamp as required under Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, including a package of cigarettes that bears a tax stamp of another state or taxing jurisdiction, a package of cigarettes that bears a counterfeit tax stamp, or a stamped or unstamped package of cigarettes that is marked “Not for sale in the United States.” -(u) “Wholesaler” means a wholesaler as defined in Section 30016 of the Revenue and Taxation Code. -(v) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. -SEC. 2. -SEC. 3. -Section 22971 is added to the Business and Professions Code, to read: -22971. -(a) For purposes of this division, the following terms shall have the following meanings: -(1) “Board” means the State Board of Equalization. -(2) “Brand family” has the same meaning as that term is defined in paragraph (2) of subdivision (a) of Section 30165.1 of the Revenue and Taxation Code. -(3) “Cigarette” means a cigarette as defined in Section 30003 of the Revenue and Taxation Code. -(4) (A)   “Control” or “controlling” means possession, direct or indirect, of the power: -(i) To vote 25 percent or more of any class of the voting securities issued by a person. -(ii) To direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, other than a commercial contract for goods or nonmanagement services, or as otherwise provided; however, no individual shall be deemed to control a person solely on account of being a director, officer, or employee of that person. -(B) For purposes of clause (ii) of subparagraph (A), a person who, directly or indirectly, owns, controls, holds, with the power to vote, or holds proxies representing 10 percent or more of the then outstanding voting securities issued by another person, is presumed to control that other person. -(C) For purposes of this division, the board may determine whether a person in fact controls another person. -(5) “Display for sale” means the placement of cigarettes or tobacco products in a vending machine or in retail stock for the purpose of selling or gifting the cigarettes or tobacco products. For purposes of this definition, the clear and easily visible display of cigarettes or tobacco products shall create a rebuttable presumption that either were displayed for sale. -(6) “Distributor” means a distributor as defined in Section 30011 of the Revenue and Taxation Code. -(7) “Gifting” means any transfer of title or possession without consideration, exchange, or barter, in any manner or by any means, of cigarettes or tobacco products that have been purchased for resale under a license issued pursuant to this division if the transfer occurs while the license is suspended or after the effective date of its revocation. -(8) “Importer” means an importer as defined in Section 30019 of the Revenue and Taxation Code. -(9) “Law enforcement agency” means a sheriff, a police department, or a city, county, or city and county agency or department designated by the governing body of that agency to enforce this chapter or to enforce local smoking and tobacco ordinances and regulations. -(10) “License” means a license issued by the board pursuant to this division. -(11) “Licensee” means any person holding a license issued by the board pursuant to this division. -(12) “Manufacturer” means a manufacturer of cigarettes or tobacco products sold in this state. -(13) “Notice” or “notification” means, unless as otherwise provided, the written notice or notification provided to a licensee by the board by either actual delivery to the licensee or by first-class mail addressed to the licensee at the address on the license. -(14) “Package of cigarettes” means a package as defined in Section 30015 of the Revenue and Taxation Code. -(15) “Person” means a person as defined in Section 30010 of the Revenue and Taxation Code. -(16) “Retailer” means a person who engages in this state in the sale of cigarettes or tobacco products directly to the public from a retail location. Retailer includes a person who operates vending machines from which cigarettes or tobacco products are sold in this state. -(17) “Retail location” means a tobacco store as defined in Section 22962. -(18) “Sale” or “sold” means a sale as defined in Section 30006 of the Revenue and Taxation Code. -(19) “Tobacco products” means tobacco products as defined in -subdivision (d) of Section 22950.5 and -subdivision (b) of Section 30121 and subdivision (b) of Section 30131.1 of the Revenue and Taxation Code. -(20) “Unstamped package of cigarettes” means a package of cigarettes that does not bear a tax stamp as required under Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, including a package of cigarettes that bears a tax stamp of another state or taxing jurisdiction, a package of cigarettes that bears a counterfeit tax stamp, or a stamped or unstamped package of cigarettes that is marked “Not for sale in the United States.” -(21) “Wholesaler” means a wholesaler as defined in Section 30016 of the Revenue and Taxation Code. -(b) This section shall become operative on January 1, 2019. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, imposes civil penalties for a person engaged in the retail sale of tobacco products who sells, offers for sale, or displays for sale any tobacco product or tobacco paraphernalia by self-service display, except as specified. Existing law makes these penalties inapplicable to the display in a tobacco store of cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco, as provided, and defines “tobacco store” to mean a retail business that meets specified requirements, including that it does not permit any person under 18 years of age to be present or enter the premises at any time, unless accompanied by the person’s parent or legal guardian. -This bill would revise the definition of “tobacco store” by raising the age of persons not permitted to be present or enter the premises at any time, unless accompanied by the person’s parent or legal guardian, from 18 to 21 years of age. -Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, requires a retailer to obtain a license from the State Board of Equalization to engage in the sale of cigarettes and tobacco products in this state and defines a retailer as a person who engages in this state in the sale of cigarettes or tobacco products directly to the public from a retail location. The act defines a “retail location” as both any building from which cigarettes or tobacco products are sold at retail and a vending machine. -The act also defines “tobacco products” to include, but not be limited to, all forms of cigars, smoking tobacco, chewing tobacco, snuff, and any other articles or products made of, or containing at least 50% -, tobacco, but does not include cigarettes. A violation of these provisions is a crime. -This bill -would, -would expand the definition of “tobacco products” to include a product containing, made, or derived from tobacco or nicotine, as specified, an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, and any component, part, or accessory of a tobacco product. The bill would, -beginning January 1, 2019, revise the definition of a “retail location” to mean a tobacco store that is a retail business that, among other things, generates more than 60% of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia. -By expanding the definition of a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to -amend Section 22962 of, and to -amend, repeal, and add Section 22971 -of -of, -the Business and Professions Code, relating to cigarette and tobacco products." -382,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 54.27 is added to the Civil Code, to read: -54.27. -(a) An attorney who provides a prelitigation letter to an education entity shall do both of the following: -(1) Include the attorney’s State Bar license number in the prelitigation letter. -(2) Within five business days of providing the prelitigation letter, send a copy of the prelitigation letter to the California Commission on Disability Access. -(b) An attorney who sends or serves a complaint against an education entity shall do both of the following: -(1) Send a copy of the complaint and submit information about the complaint in a standard format specified by the California Commission on Disability Access to the commission within five business days of sending or serving the complaint. -(2) Notify the California Commission on Disability Access within five business days of judgment, settlement, or dismissal of the claim or claims alleged in the complaint of the following information in a standard format specified by the commission: -(A) The date of the judgment, settlement, or dismissal. -(B) Whether or not the construction-related accessibility violations alleged in the complaint were remedied in whole or in part after the plaintiff filed a complaint. -(C) If the construction-related accessibility violations alleged in the complaint were not remedied in whole or in part after the plaintiff filed a complaint, whether or not another favorable result was achieved after the plaintiff filed the complaint. -(c) A violation of paragraph (2) of subdivision (a) or subdivision (b) shall constitute cause for the imposition of discipline of an attorney if a copy of the prelitigation letter, complaint, or notification of a case outcome is not sent to the California Commission on Disability Access within five business days. In the event the State Bar receives information indicating that an attorney has failed to send a copy of the prelitigation letter, complaint, or notification of a case outcome to the California Commission on Disability Access within five business days, the State Bar shall investigate to determine whether paragraph (2) of subdivision (a) or subdivision (b) has been violated. -(d) Notwithstanding subdivisions (a) and (b), an attorney is not required to send to the California Commission on Disability Access a copy of any subsequent prelitigation letter or amended complaint in the same dispute following the initial prelitigation letter or complaint, unless that subsequent prelitigation letter or amended complaint alleges a new construction-related accessibility claim. -(e) A prelitigation letter or notification of a case outcome sent to the California Commission on Disability Access shall be for the informational purposes of Section 8299.08 of the Government Code. -(f) The California Commission on Disability Access shall review and report on the prelitigation letters, complaints, and notifications of case outcomes it receives in the same manner as provided in Section 8299.08 of the Government Code. -(g) Paragraph (2) of subdivision (a) and subdivision (b) shall not apply to a prelitigation letter or complaint sent or filed by an attorney employed or retained by a qualified legal services project or a qualified support center, as defined in Section 6213 of the Business and Professions Code, when acting within the scope of employment in asserting a construction-related accessibility claim. The Legislature finds and declares that qualified legal services projects and support centers are extensively regulated by the State Bar of California, and that there is no evidence of any abusive use of demand letters or complaints by these organizations. The Legislature further finds that, in light of the evidence of the extraordinarily small number of construction-related accessibility cases brought by regulated legal services programs, and given the resources of those programs, exempting regulated legal services programs from the requirements of this section to report to the California Commission on Disability Access will not affect the purpose of the reporting to, and tabulation by, the commission of all other construction-related accessibility claims. -(h) Nothing in this section applies to a claim for money or damages against a public entity governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code or makes the requirements of this section applicable to such a claim. -(i) For purposes of this section, the following terms have the following meanings: -(1) “Complaint” means a civil complaint that is filed or is to be filed with a court and is sent to or served upon a defendant on the basis of one or more construction-related accessibility claims. -(2) “Construction-related accessibility claim” or “claim” means any claim of a violation of any construction-related accessibility standard, as defined in paragraph (6) of subdivision (a) of Section 55.52, with respect to a public building, public facility, or other public place of an education entity. “Construction-related accessibility claim” does not include a claim of interference with housing within the meaning of paragraph (2) of subdivision (b) of Section 54.1, or any claim of interference caused by something other than the construction-related accessibility condition of the property, including, but not limited to, the conduct of any person. -(3) “Education entity” means the Regents of the University of California, the Trustees of the California State University and the California State University, the California Community Colleges Office of the Chancellor and the California Community Colleges, a K-12 school district, or any local education agency. -(4) “Prelitigation letter” means a prelitigation written document that alleges the site is in violation of one or more construction-related accessibility standards, as defined in paragraph (6) of subdivision (a) of Section 55.52 and is provided to the education entity whether or not the attorney intends to file a complaint, or eventually files a complaint, in state or federal court. A prelitigation letter does not include a claim for money or damages against a local public entity governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. -SEC. 2. -Section 8299.08 of the Government Code is amended to read: -8299.08. -The commission shall compile the following data with respect to any demand letter, prelitigation letter, or complaint sent to the commission pursuant to Section 54.27 or 55.32 of the Civil Code and post the information on its Internet Web site, pursuant to the following: -(a) The commission shall identify the various types of construction-related physical access violations alleged in the demand letters and in the complaints, respectively, and shall tabulate the number of claims alleged for each type of violation in the demand letters and complaints, respectively. For purposes of this subdivision, any demand for money letters shall be grouped as demand letters. -(b) Periodically, but not less than every six months beginning July 31, 2013, the commission shall post on its Internet Web site a list, by type, of the 10 most frequent types of accessibility violations alleged in the demand letters and in the complaints, respectively, and the numbers of alleged violations for each listed type of violation for the prior two quarters. -(c) The commission shall, on a quarterly basis, identify and tabulate the number of demand letters and complaints received by the commission. The commission shall further ascertain whether a complaint was filed in state or federal court and tabulate the number of complaints filed in state or federal court, respectively. This data shall be posted on the commission’s Internet Web site periodically, but not less than every six months beginning July 31, 2013. -(d) Commencing in 2014, and notwithstanding Section 10231.5, the commission shall make an annual report to the Legislature and the Chairs of the Senate and Assembly Committees on Judiciary by January 31 of each year of the tabulated data for the preceding calendar year as set forth in subdivisions (a) to (c), inclusive. A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.","Existing law provides that individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, including hospitals, clinics, and physicians’ offices, public facilities, and other public places. Existing law requires an attorney who provides a demand letter or sends or serves a complaint containing a claim of a violation of any construction-related accessibility standard, as defined, with respect to a place of public accommodation, to send a copy of the demand letter or complaint to the California Commission on Disability Access within 5 business days of providing the demand letter or sending or serving the complaint. Existing law further requires an attorney who sends or serves that complaint to notify the commission of judgment, settlement, or dismissal of the claim or claims alleged in the complaint and other specified information within 5 business days of the judgment, settlement, or dismissal. -This bill, with specified exceptions, would also require an attorney who provides a prelitigation letter or sends or serves a complaint alleging a construction-related accessibility claim, as defined, against an education entity, as defined, to send a copy of the prelitigation letter or complaint to the commission within 5 business days of providing the prelitigation letter or sending or serving the complaint, would require the attorney to also submit information about the complaint with the copy of the complaint, and would further require the attorney to submit the notification of judgment, settlement, or dismissal to the commission, as described above. The bill would subject an attorney who fails to comply with these requirements to discipline and would require the commission to review and report on the prelitigation letters, complaints, and notifications of case outcomes the commission receives pursuant to these requirements, as specified.","An act to add Section 54.27 to the Civil Code, and to amend Section 8299.08 of the Government Code, relating to disability access." -383,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 89724 of the Education Code is amended to read: -89724. -(a) All money received in accordance with the following shall be appropriated for the support of the California State University in addition to other amounts as may be appropriated by the Legislature: -(1) All money received from the sale of California State University publications. -(2) All money received under an agreement entered into pursuant to Section 89036. -(3) Except as to the fees and charges specified in subdivisions (g) and (h) of Section 89721, all money collected as fees from students of the California State University and received from other persons under Sections 89030, 89036 to 89039, inclusive, 89700, 89705, 89708, 89709, 89720, and 89721, and money received pursuant to Section 2080.8 of the Civil Code. -(b) (1) Money received under Sections 89720 and 89721, or received pursuant to Section 2080.8 of the Civil Code, is appropriated pursuant to subdivision (a) without regard to fiscal year. -(2) Money received pursuant to Section 2080.8 of the Civil Code shall be used for student scholarships and loans pursuant to any regulations the trustees provide. -(3) Money received pursuant to Sections 89720 and 89721 may be invested, upon approval of the trustees, by the Treasurer or by the chief fiscal officer of a campus of the California State University, in those eligible securities listed in Section 16430 of the Government Code. -(4) Money received under Sections 89720 and 89721, and received pursuant to Section 2080.8 of the Civil Code, may be invested, upon approval of the trustees and in accordance with Section 89726, by the chief fiscal officer of a campus of the California State University, in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in United States registered real estate investment trusts. All interest and other earnings received pursuant to the investment of money received pursuant to Sections 89720 and 89721 shall also be used for purposes established by the trustees consistent with the terms and conditions of the gift, bequest, devise, donation, or agreement under Sections 89720 and 89721. -(5) Except as otherwise provided with respect to money received pursuant to Section 2080.8 of the Civil Code and Sections 89720 and 89721, all money received pursuant to this section shall augment the support appropriation to the California State University for the fiscal year to which the collections apply. -(c) All money received from the sale or the disposition of real property acquired by or on behalf of a campus of the California State University by gift, devise, or donation pursuant to Section 89720 or pursuant to the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for the acquisition and improvement of real property for the campus, in addition to any other amounts appropriated by the Legislature. All money received from the sale or other disposition of personal property, other than money, acquired by or on behalf of a campus of the California State University by gift, bequest, or donation pursuant to Section 89720 or the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for, or the acquisition and improvement of real or personal property for, the campus, in addition to other amounts appropriated by the Legislature. No money shall be expended by the trustees under this subdivision without the approval of the Director of Finance. The money shall augment the support or capital outlay appropriation of the California State University current at the date of issuance of the Controller’s receipt as may be designated by the trustees prior to the deposit of that money in the State Treasury. -SEC. 2. -Section 89725 of the Education Code is amended to read: -89725. -(a) Notwithstanding any law to the contrary, grants, revenues, and funds of any nature received by the trustees for research, workshops, conferences, institutes, and special projects from the state, federal government, local government, or private persons, may be transmitted to the Treasurer and, if transmitted, shall be deposited in the California State University Special Projects Fund, which is hereby established in the State Treasury. -(b) All grants, revenues, and funds deposited in the California State University Special Projects Fund are appropriated without regard to fiscal year to the trustees for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University. -(c) Provision shall be made by the trustees for reimbursements to the General Fund for the cost of space and services furnished to projects funded by the California State University Special Projects Fund. -(d) Notwithstanding any law to the contrary, the trustees shall have authority to establish the rules and procedures under which the fund shall operate. All expenditures shall be made in accordance with the rules and procedures, without prior approval of the Department of General Services or the Department of Finance. Expenditures from the fund shall be audited as frequently as the Audits Division of the Department of Finance deems appropriate. -(e) Moneys in the California State University Special Projects Fund may be invested by the Treasurer or by the chief fiscal officer of a campus of the California State University, upon approval of the trustees, only in eligible securities listed in Section 16430 of the Government Code, or, in accordance with Section 89726, in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission or in United States registered real estate investment trusts. All interest or other earnings received pursuant to those investments shall be collected by the Treasurer, and shall be deposited in the fund. -SEC. 3. -Section 89726 is added to the Education Code, to read: -89726. -(a) (1) The trustees may invest in securities or investments not listed in Section 16430 of the Government Code only if the trustees have established a committee to provide advice and expertise on investments. -(2) A majority of the members of the committee shall be individuals who have investment expertise and who are not employees of the California State University. -(3) The trustees shall allow the Treasurer to serve as a member of the committee or to appoint a deputy treasurer to serve as a member of the committee. -(b) The total amount invested in securities or investments not listed in Section 16430 of the Government Code shall not exceed the following amounts: -(1) In the fiscal year ending June 30, 2017, two hundred million dollars ($200,000,000). -(2) In the fiscal year ending June 30, 2018, four hundred million dollars ($400,000,000). -(3) In the fiscal year ending June 30, 2019, six hundred million dollars ($600,000,000). -(4) In the fiscal year ending June 30, 2020, and each fiscal year thereafter, 30 percent of all moneys invested pursuant to Sections 89724 and 89725. -(c) (1) The trustees shall receive an investment performance report quarterly and distribute an annual report to the Legislature, in compliance with Section 9795 of the Government Code, and the Department of Finance. -(2) The investment performance reports shall include investment returns, comparisons to benchmarks, holdings, market values, and fees. -(d) Any additional moneys earned through investments in securities or investments not listed in Section 16430 of the Government Code shall be used only for capital outlay or maintenance, and shall not be used for ongoing operations. -(e) The trustees shall not submit a request to the Department of Finance or the Legislature for any funds to compensate for investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code. -(f) The trustees shall not cite investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code to justify approval of an increase in student tuition or fees. No increase in tuition or reduction in course sections offered shall be adopted because of investment losses sustained as a result of this section.","Existing law authorizes the Treasurer or chief fiscal officer of a campus of the California State University to invest certain money received by the California State University in eligible securities and in investment certificates or withdrawal shares in federal or state credit unions doing business in this state as long as any money invested in this manner is fully insured by the National Credit Union Administration. -This bill would authorize the Treasurer or chief fiscal officer of a campus of the California State University to invest that money in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in United States registered real estate investment trusts. The bill would impose specified requirements on the Trustees of the California State University relating to those types of investments. -Existing law establishes the California State University Special Projects Fund, which consists of grants, revenues, and funds that are appropriated for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University. Existing law authorizes the Treasurer to invest money from the fund in eligible securities. -This bill would authorize the Treasurer or chief fiscal officer of a campus of the California State University to invest the money in the California State University Special Projects Fund in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in United States registered real estate investment trusts. Because the bill would authorize the expenditure of moneys from a continuously appropriated fund for new purposes, it would make an appropriation. -This bill would limit the total amount invested in these mutual funds and real estate investment trusts to specified amounts for each fiscal year, until, commencing with the 2019–20 fiscal year, up to 30% of that money could be invested in these asset categories. The bill would prohibit increases in tuition or reductions in course section offerings from being adopted because of investment losses sustained as a result of these provisions.","An act to amend Sections 89724 and 89725 of, and to add Section 89726 to, the Education Code, relating to the California State University, and making an appropriation therefor." -384,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25402.12 is added to the Public Resources Code, to read: -25402.12. -(a) On or before January 1, 2019, the commission, in consultation with the Contractors’ State License Board, local building officials, and other stakeholders, shall approve a plan that will promote compliance with Part 6 of Title 24 of the California Code of Regulations in the installation of central air-conditioning and heat pumps. -(b) Prior to approving the plan described in subdivision (a), the commission shall do all of the following: -(1) Evaluate the best available technological and economic information to ensure that data collection and its use is feasible and achievable at a reasonable cost to government, industry, and homeowners. -(2) Consider the impact of the plan on all of the following: -(A) Property owners. -(B) The heating, ventilation, and air-conditioning industry, including manufacturers, distributors, and contractors. -(C) Local governments. -(D) Building officials. -(E) The Contractors’ State License Board. -(3) Provide the public with the opportunity to review and comment on the proposed plan. -(c) The commission may adopt regulations to increase compliance with permitting and inspection requirements for central air-conditioning and heat pumps, and associated sales and installations, consistent with the plan approved pursuant to subdivision (a). -SEC. 2. -Section 399.4 of the Public Utilities Code is amended to read: -399.4. -(a) (1) In order to ensure that prudent investments in energy efficiency continue to be made that produce cost-effective energy savings, reduce customer demand, and contribute to the safe and reliable operation of the electrical distribution grid, it is the policy of this state and the intent of the Legislature that the commission shall supervise the administration of cost-effective energy efficiency programs authorized pursuant to its statutory authority, including Sections 381, 381.1, 381.2, 381.5, 382, 384.5, 400, 454.5, 454.55, 454.56, 589, 701.1, 749, and 769, Article 10 (commencing with Section 890) of Chapter 4, and Chapter 6 (commencing with Section 2781) of Part 2. -(2) As used in this section, the term “energy efficiency” includes, but is not limited to, cost-effective activities to achieve peak load reduction that improve end-use efficiency, lower customers’ bills, and reduce system needs. -(b) (1) If a customer or contractor is the recipient of a rebate or incentive offered by a public utility for an energy efficiency improvement or installation of energy efficient components, equipment, or appliances in a building, the public utility shall provide the rebate or incentive only if the customer or contractor certifies that the improvement or installation has complied with any applicable permitting requirements, including any applicable specifications or requirements set forth in the California Building Standards Code (Title 24 of the California Code of Regulations), and, if a contractor performed the installation or improvement, that the contractor holds the appropriate license for the work performed. -(2) In addition to the requirements of paragraph (1), if a customer or contractor is the recipient of a rebate or incentive offered by a public utility for the purchase or installation of central air-conditioning or a heat pump, and their related fans, the public utility shall provide the rebate or incentive only if the customer or contractor provides proof of permit closure. The public utility is not responsible for verifying the proof of permit closure documentation provided by the customer or contractor. -(3) This subdivision does not imply or create authority or responsibility, or expand existing authority or responsibility, of a public utility for the enforcement of the building energy and water efficiency standards adopted pursuant to subdivision (a) or (b) of Section 25402 of the Public Resources Code, or appliance efficiency standards and certification requirements adopted pursuant to subdivision (c) of Section 25402 of the Public Resources Code. -(4) Nothing in this subdivision shall limit the authority of the commission to impose any additional requirements on a recipient of any rebate or incentive. -(c) The commission, in evaluating energy efficiency investments under its statutory authority, shall also ensure that local and regional interests, multifamily dwellings, and energy service industry capabilities are incorporated into program portfolio design and that local governments, community-based organizations, and energy efficiency service providers are encouraged to participate in program implementation where appropriate. -(d) The commission, in a new or existing proceeding, shall review and update its policies governing energy efficiency programs funded by utility customers to facilitate achieving the targets established pursuant to subdivision (c) of Section 25310 of the Public Resources Code. In updating its policies, the commission shall, at a minimum, do all of the following: -(1) Authorize market transformation programs with appropriate levels of funding to achieve deeper energy efficiency savings. -(2) Authorize pay for performance programs that link incentives directly to measured energy savings. As part of pay for performance programs authorized by the commission, customers should be reasonably compensated for developing and implementing an energy efficiency plan, with a portion of their incentive reserved pending post project measurement results. -(3) Authorize programs to achieve deeper savings through operational, behavioral, and retrocommissioning activities. -(4) Ensure that customers have certainty in the values and methodology used to determine energy efficiency incentives by basing the amount of any incentives provided by gas and electrical corporations on the values and methodology contained in the executed customer agreement. Incentive payments shall be based on measured results.","Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) to prescribe, by regulation, building design and construction standards and energy and water conservation design standards for new residential and nonresidential buildings. Existing law requires the Energy Commission to prescribe, by regulation, standards for minimum levels of operating efficiency to promote the use of energy-efficient and water-efficient appliances whose use requires a significant amount of energy or water on a statewide basis. Existing law requires that the minimum levels of operating efficiency be based on feasible and attainable efficiencies or feasible improved efficiencies that will reduce the energy or water consumption growth rates. Existing law prohibits a new appliance manufactured on or after the effective date of the operating efficiency standards to be sold or offered for sale in the state unless it is certified by the manufacturer to be in compliance with those standards. -This bill would require the Energy Commission, by January 1, 2019, to approve a plan that will promote compliance with specified regulations in the installation of central air conditioning and heat pumps. The bill would authorize the Energy Commission to adopt regulations to increase compliance with permitting and inspection requirements for central air conditioning and heat pumps, and associated sales and installations, consistent with that plan. -Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The Reliable Electric Service Investments Act states the intent of the Legislature that the Public Utilities Commission continue to administer cost-effective energy efficiency programs that produce cost-effective energy savings, reduce customer demand, and contribute to the safe and reliable operation of the electrical distribution grid. Under the act, in order to receive a rebate or incentive offered by a public utility for an energy efficiency improvement or for the installation of energy efficient components, equipment, or appliances in buildings, the recipient is required to certify that the improvement or installation complied with any applicable permitting requirements and, if a contractor performed the installation or improvement, that the contractor holds the appropriate license for the work performed. -This bill would limit the application of the above energy efficiency rebate and incentive provisions to customer or contractor recipients. The bill would require a customer or contractor to certify that an energy efficiency improvement or installation complies with any applicable specifications or requirements set forth in the California Building Standards Code in order to receive a rebate or incentive. The bill would require a customer or contractor receiving a rebate or incentive offered by a public utility for purchasing or installing central air conditioning or a heat pump, and their related fans, to additionally provide a proof of permit closure. The bill would also more specifically identify the Public Utility Commission’s statutory authority for supervising cost-effective energy efficiency programs.","An act to add Section 25402.12 to the Public Resources Code, and to amend Section 399.4 of the Public Utilities Code, relating to energy." -385,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 4 (commencing with Section 18735) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: -Article 4. Revive the Salton Sea Fund -18735. -(a) An individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Revive the Salton Sea Fund established by Section 18736. That designation shall be used as a voluntary contribution on the tax return. -(b) The contributions shall be in full dollar amounts and may be made individually by each signatory on a joint return. -(c) A designation under subdivision (a) shall be made for a taxable year on the original return for that taxable year and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made. -(d) (1) The Franchise Tax Board shall revise the form of the return to include a space labeled “Revive the Salton Sea Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to fund all of the following: -(A) Programs to create statewide public awareness and grassroots support for the restoration of the Salton Sea. -(B) Programs to engage the public through promotion and education about the Salton Sea. -(C) Current and future projects identified as necessary for restoration and maintenance of the Salton Sea, including projects identified by the Salton Sea Authority. -(2) Notwithstanding any other law, a voluntary contribution designation for the Revive the Salton Sea Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available, whichever occurs first. -(e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a). -18736. -There is hereby established in the State Treasury the Revive the Salton Sea Fund to receive contributions made pursuant tocal agencies, nonprofit organizations, and projects identified as necessary for the restoration and maintenance of the Salton Sea, including projects identified by the Salton Sea Authority. -(B) Up to 5 percent of the funds to the Natural Resources Agency for development of a mechanism to provide ongoing public awareness through activities that will promote the charitable tax deduction for the fund and seek continued contributions. These activities may include convening a philanthropic roundtable, developing literature for use by city, county, or local agencies and programs, and whatever other activities are deemed necessary and appropriate to promote the fund. -(C) Funds allocated pursuant to this paragraph shall not be used for administrative costs. -(b) Money in the Revive the Salton Sea Fund shall not be used to supplant state General Fund money for any purpose. -18738. -(a) Except as otherwise provided in paragraph (2) of subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the Revive the Salton Sea Fund on the personal income tax return and is repealed as of December 1 of that year. -(b) (1) By September 1 of the second calendar year and each subsequent calendar year that the Revive the Salton Sea Fund appears on the tax return, the Franchise Tax Board shall do all of the following: -(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. -(B) Provide written notification to the Natural Resources Agency of the amount determined in subparagraph (A). -(C) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. -(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. -(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the Revive the Salton Sea Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c). -(c) For each calendar year, beginning with the third calendar year after the first appearance of the Revive the Salton Sea Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows: -(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. -(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.","Existing law authorizes an individual taxpayer to contribute amounts in excess of his or her personal income tax liability for the support of specified funds. Existing law also contains administrative provisions that are generally applicable to voluntary contributions. -This bill would allow an individual to designate on his or her tax return that a specified amount in excess of his or her tax liability be transferred to the Revive the Salton Sea Fund, which would be created by this bill. The bill would prohibit a voluntary contribution designation for the Revive the Salton Sea Fund from being added on the tax return until another voluntary contribution designation is removed or a space is available and would require, once the designation is added, specified information to be on the tax form, including the purposes for which the contribution would be used. -This bill would require money contributed to the fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller for reimbursement of costs, as provided, and to the Natural Resources Agency for distribution of competitive grants to provide funds or supplement funding of the state, county and local agencies, nonprofit organizations, and projects identified as necessary for the restoration and maintenance of the Salton Sea and to develop a mechanism to provide ongoing public awareness, as specified. -The bill would provide that these provisions would remain in effect only until January 1 of the 5th taxable year following the first appearance of the fund on the tax return, but would further provide for an earlier repeal if the Franchise Tax Board determines that the amount of contributions estimated to be received during a calendar year will not equal or exceed the minimum contribution amount, as defined, for that calendar year, in which case these provisions would be repealed on December 1 of that year.","An act to add and repeal Article 4 (commencing with Section 18735) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, relating to the Salton Sea." -386,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) The Legislature and the Governor, through the enactment of the Budget Act of 2015 (Chapter 11 of the Statutes of 2015), expanded Medi-Cal eligibility for children to ensure that no child in California who is income eligible will be denied access to health care coverage on the basis of immigration status. -(2) Expanding access and increasing enrollment in comprehensive health care coverage is of benefit to the health and welfare of all Californians. -(3) Longstanding California law provides full-scope Medi-Cal benefits to United States citizens, lawful permanent residents, and individuals permanently residing in the United States under color of law, including those granted deferred action. -(b) It is the intent of the Legislature in enacting this act to increase opportunities for enrollment in comprehensive health care coverage for adults, regardless of immigration status. -SEC. 2. -Section 14102.1 is added to the Welfare and Institutions Code, to read: -14102.1. -(a) (1) Notwithstanding any other law, an individual 19 years of age or older who meets all of the eligibility requirements for full-scope Medi-Cal benefits under this chapter, but for his or her immigration status, may be enrolled for full-scope Medi-Cal benefits, pursuant to paragraph (2). -(2) When a county completes the Medi-Cal eligibility determination process for an individual 19 years of age or older who meets all of the eligibility requirements for full-scope Medi-Cal benefits under this chapter, but for his or her immigration status, the county shall transmit this information to the department to determine if sufficient funding is available for this individual to receive full-scope Medi-Cal benefits. If sufficient funding is available, the individual shall be eligible for full-scope benefits. If sufficient funding is not available, the individual shall be eligible for limited scope Medi-Cal benefits. -(b) This section shall not apply to individuals eligible for coverage pursuant to Section 14102. -(c) An individual who is eligible for coverage under subdivision (a) shall be required to enroll into Medi-Cal managed care health plans to the extent required of otherwise eligible Medi-Cal recipients who are similarly situated. -(d) An individual who is eligible for coverage under subdivision (a) shall pay copayments and premium contributions to the extent required of otherwise eligible Medi-Cal recipients who are similarly situated. -(e) Benefits for services under this section shall be provided with state-only funds only if federal financial participation is not available for those services. The department shall maximize federal financial participation in implementing this section to the extent allowable. -(f) Eligibility for full-scope Medi-Cal benefits for an individual 19 years of age or older pursuant to subdivision (a) shall not be an entitlement. The department shall have the authority to determine eligibility, determine the number of individuals who may be enrolled, establish limits on the number enrolled, and establish processes for waiting lists needed to maintain program expenditures within available funds. -(g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted. The department shall adopt regulations by July 1, 2018, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing July 1, 2016, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to expand access to health care coverage to every Californian as quickly as possible, it is necessary that this act go into immediate effect. -SECTION 1. -Section 1246.5 of the -Business and Professions Code -is repealed. -SEC. 2. -Section 1246.5 is added to the -Business and Professions Code -, to read: -1246.5. -(a)Notwithstanding any other law, a person may request, and a licensed clinical laboratory or public health laboratory may perform, any laboratory test that the laboratory offers to the public without an order from a healing arts licensee or his or her representative. -(b)If a laboratory test of a person is conducted without an order from a healing arts licensee or his or her representative, the test results shall be provided to the person who was the subject of the test. The test results report shall state in bold type that it is the responsibility of the person who was tested to arrange with his or her health care provider for consultation and interpretation of the test results. -(c)A healing arts licensee is not required to review or act on a laboratory test result if the healing arts licensee or his or her representative did not order the laboratory test. A healing arts licensee is not subject to liability or disciplinary actions for failure to review or act on the results of a laboratory test of any person if the healing arts licensee or his or her representative did not order the laboratory test. -(d)This section does not require that any laboratory test be covered by a health care service plan contract or health insurance policy. -SEC. 3. -Section 1288 of the -Business and Professions Code -is amended to read: -1288. -A report of results issuing from a clinical laboratory shall show clearly the name and address of the laboratory and the name of the director. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. The federal Medicaid program provisions prohibit payment to a state for medical assistance furnished to an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. -This bill would extend eligibility for full-scope Medi-Cal benefits to individuals 19 years of age and older who are otherwise eligible for those benefits but for their immigration status if the department determines that sufficient funding is available, or for limited scope Medi-Cal benefits if funding for full-scope benefits is not available. The bill would require these individuals to enroll into Medi-Cal managed care health plans, and to pay copayments and premium contributions, to the extent required of otherwise eligible Medi-Cal recipients who are similarly situated. The bill would require that benefits for those services to be provided with state-only funds only if federal financial participation is not available. Because counties are required to make Medi-Cal eligibility determinations and this bill would expand Medi-Cal eligibility, the bill would impose a state-mandated local program. -The bill would require the department to adopt regulations by July 1, 2018, and, commencing July 1, 2016, would require the department to provide a status report to the Legislature on a semiannual basis until regulations have been adopted. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -This bill would declare that it is to take effect immediately as an urgency statute. -Existing law provides for the regulation and licensure of clinical laboratories and clinical laboratory personnel by the State Department of Public Health and makes a violation of a provision under this law a misdemeanor. Existing law authorizes a person to request, and a licensed clinical laboratory or public health laboratory to perform specified clinical laboratory tests, including pregnancy, glucose level, cholesterol, and occult blood tests. Existing law authorizes a registered clinical laboratory to perform these tests if the test is subject to a certificate of waiver under the Clinical Laboratory Improvement Amendments of 1988 and the laboratory has registered with the State Department of Public Health. -Existing law authorizes the results of the test to be provided directly to the person requesting the test if the test is on or for his or her own body. Existing law requires that those test results be provided in a manner that presents clear information and that identifies results indicating the need for referral to a physician. -This bill would repeal those provisions and instead allow a person to request, and a licensed clinical laboratory or public health laboratory to perform, any laboratory test that the laboratory offers to the public on a direct access basis without a healing arts licensee’s order. If a laboratory test is conducted without an order from a healing arts licensee, the bill would require any report of the test results to be provided to the person who was the subject of the test. The bill would require the report to state in bold type that it is the responsibility of the person who was tested to arrange with his or her health care provider for consultation and interpretation of the test results. The bill would make additional conforming changes. By changing the definition of an existing crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1288 of, and to repeal and add Section 1246.5 of, the Business and Professions Code, relating to clinical laboratories. -An act to add Section 14102.1 to the Welfare and Institutions Code, relating to Medi-Cal, and declaring the urgency thereof, to take effect immediately." -387,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Improving occupational health and safety in all lines of work is a priority for the State of California, and that focus should extend to child care caregivers. -(b) Child care caregivers are at risk for occupational health and safety risks on the job, including from toxic chemicals, illness, stress, and physical hazards such as lifting and bending. According to the Bureau of Labor Statistics, child care workers have musculoskeletal injury rates comparable to those of industrial truck and tractor operators and construction equipment operators. -(c) The federal Child Care and Development Block Grant Act of 1990 (CCDBG) (42 U.S.C. Sec. 9857 et. seq) was reauthorized in 2014 (Public Law 113-186). The changes to the CCDBG include a requirement that caregivers complete preservice or orientation training on topics including infectious disease prevention and control, building and physical premises safety, emergency preparedness and disaster response, and handling/storage of hazardous materials and disposal of biocontaminants. Requiring caregivers to complete occupational health and safety training will satisfy several of the new CCDBG health and safety requirements and will also help caregivers with child development permits satisfy the 105 hours of professional growth activities necessary to renew their permits. The training will also improve health and safety for caregivers and the children in their care, and will therefore benefit the families of the children served and the economy of the state. -SEC. 2. -Article 19.5 (commencing with Section 8430) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: -Article 19.5. Child Care Caregiver Occupational Health and Safety Training Act -8430. -This article may be known and cited as the Child Care Caregiver Occupational Health and Safety Training Act. -8431. -As used in this article, the following terms have the following meanings: -(a) “Caregivers” means licensed caregivers and license-exempt caregivers. -(b) “Department” means the State Department of Education. -(c) “Licensed caregiver” means a person who works directly with children and is a child care provider, an administrator, or an employee of a licensed child day care facility. -(d) “License-exempt caregiver” means a person who works directly with children under a publicly funded child care program, and is a child care provider who is exempt from licensing requirements pursuant to Section 1596.792 of the Health and Safety Code, or the employee of such a child care provider, but excludes caregivers who are the relatives of the children they care for. -(e) “Publicly funded child care program” means a program administered by the State Department of Education, the State Department of Social Services, or another department, agency, or political subdivision of the state, including, but not limited to, child care voucher programs, the California State Preschool Program, child care center contracts and programs established subsequent to the passage of this article, to subsidize early learning and care for children, but not including the public education system. -8432. -(a) A caregiver shall attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession, and on how to identify and avoid those risks. -(b) A caregiver shall be required to complete this training within two years of when the training is first offered pursuant to this act, or within three months of the caregiver beginning to care for children in a licensed child day care facility, whichever occurs later. -(c) The training shall include all of the following: -(1) A discussion of all of the following risks and how the risks can be identified and minimized in a child care setting: -(A) Chemical and biological hazards. -(B) Infectious disease. -(C) Physical hazards and stress. -(2) Small-group and large-group discussion. -(3) An opportunity for a caregiver to learn from current child care professionals. -(4) Presentations by associations or organizations of child care caregivers about their professional development offerings for caregivers, upon approval by the department. -(5) An opportunity for a caregiver to give feedback on the training he or she has received. -(d) The State Department of Education shall, in consultation with the State Department of Public Health and child care caregivers, develop the curriculum for the training. -(e) The department shall compensate a caregiver for his or her time for attending the training established in this article. -(f) The department shall contract with an entity to provide the occupational health and safety training required in this article throughout the state. Based on a competitive process, the department shall select an entity that meets all of the following requirements: -(1) Has experience providing occupational health and safety trainings, as described in this article, to caregivers. -(2) Trains caregivers to give the training required by this article to other caregivers. -(3) Will provide periodic updates on health and safety matters to caregivers who have completed the training. -(g) The department shall, on a monthly basis, provide lists of the caregivers who have attended the training and of those who are required to attend the training, but have not yet attended, and their contact information, to the entity selected to provide the training, to enable the entity to provide periodic updates to affected caregivers on health and safety issues and other educational information. -(h) The department and the entity it selects to provide the training shall comply with the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code), which includes, among alternative communication options, providing the same type of training materials in any non-English language spoken by a substantial number of members of the public whom the department serves. -8433. -This article shall take effect July 1, 2017. -SECTION 1. -Section 35179 of the -Education Code -is amended to read: -35179. -(a)Each school district governing board shall have general control of, and be responsible for, all aspects of the interscholastic athletic policies, programs, and activities in its district, including, but not necessarily limited to, eligibility, season of sport, number of sports, personnel, and sports facilities. In addition, the school district governing board shall ensure that all interscholastic policies, programs, and activities in its district are in compliance with state and federal law. -(b)School district governing boards may enter into associations or consortia with other school district governing boards for the purpose of governing regional or statewide interscholastic athletic programs by permitting the public schools under their jurisdictions to enter into a voluntary association with other schools for the purpose of enacting and enforcing rules relating to eligibility for, and participation in, interscholastic athletic programs among and between schools. -(c)Each school district governing board, or its designee, shall represent the individual schools located within its jurisdiction in any voluntary association of schools formed or maintained pursuant to this section. -(d)No voluntary interscholastic athletic association, of which any public school is a member, shall discriminate against, or deny the benefits of any program to, any person on any basis prohibited by Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1. -(e)Notwithstanding any other law, no voluntary interscholastic athletic association shall deny a school from participating in interscholastic athletic activities because of the religious tenets of the school, irrespective of whether that school is directly controlled by a religious organization. -(f)Interscholastic athletics is defined as those policies, programs, and activities that are formulated or executed in conjunction with, or in contemplation of, athletic contests between two or more schools, either public or private.","Existing federal law, the Child Care and Development Block Grant Act of 1990, which is administered by the State Department of Education in California, requires that a state plan include requirements that specified child care providers receive minimum health and safety training relating to, among other things, the prevention and control of infectious diseases and the handling and storage of hazardous materials in order to receiving funding for child care. -Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities by the State Department of Social Services. Existing law, the Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age, including, among others, resource and referral programs, alternative payment programs, and family child care home education networks. -This bill would, effective July 1, 2017, require a caregiver, as defined, to attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession, and on how to identify and avoid those risks. The bill would require the State Department of Education, in consultation with the State Department of Public Health and child care caregivers, to develop the curriculum for the training, which is required to include, among other things, a discussion of specified risks, including chemical and biological hazards. The bill would also require the department to contract with an entity to provide the occupational health and safety training and to compensate a caregiver for his or her time for attending the training. -Existing law provides that each school district governing board has general control of, and responsibility for, all aspects of the interscholastic athletic policies, programs, and activities in its district, as specified. Existing law authorizes school district governing boards to enter into associations or consortia with other school district governing boards for the purpose of governing regional or statewide interscholastic athletic programs, as specified. Existing law prohibits voluntary interscholastic athletic associations from discriminating against, or denying the benefits of any program to, any person on the basis of specified personal characteristics. Existing law also prohibits voluntary interscholastic athletic associations from denying a school from participation in interscholastic athletic activities because of the religious tenets of the school. -This bill would make nonsubstantive changes to these provisions.","An act to amend Section 35179 of the Education Code, relating to interscholastic athletics. -An act to add Article 19.5 (commencing with Section 8430) to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, relating to child care." -388,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 799 of the Public Utilities Code is amended to read: -799. -(a) With respect to all taxes enacted by any local jurisdiction, including any city, county, or city and county, including a chartered city or county, any district, including an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries, or any public or municipal corporation, and imposed on the customers of public utilities or other service suppliers, which taxes have been collected by the public utilities and other service suppliers and remitted to the local jurisdiction all of the following shall apply: -(1) The public utility or other service supplier shall have no duty to independently investigate or inquire with the local jurisdiction concerning the validity of the tax ordinance. -(2) In connection with any actions or claims relating to or arising from the invalidity of the tax ordinance, in whole or in part, the public utility or other service supplier shall not be liable to any customer as a consequence of collecting the tax. -(3) In the event a local jurisdiction is ordered to refund the tax, it shall be the sole responsibility of the local jurisdiction to refund the tax. Unless a public utility or other service supplier is reimbursed by the local jurisdiction for the actual cost of assisting the local jurisdiction, including, but not limited to, calculating or verifying refunds, distributing refunds, providing data, or providing data processing assistance, the public utility or other service supplier shall not be required to assist the local jurisdiction to refund the tax, including, but not limited to, calculating or verifying refunds, distributing refunds, providing data, or providing data processing assistance. -(4) In any action seeking to enjoin collection of taxes imposed on customers of utilities or other service suppliers and collected by the utilities or other service suppliers, in any action seeking declaratory relief concerning the taxes, in any action seeking a refund of the taxes, or in any action seeking otherwise to invalidate the taxes, the sole necessary party defendant in the action shall be the local jurisdiction on whose behalf the taxes are collected and the public utility or other service supplier collecting the taxes shall not be named as a party in the action. -(5) If a local jurisdiction repeals the tax, reduces an existing tax rate, changes the tax base, or makes any other changes to the tax that would affect the collection and remittance of the tax, the local jurisdiction shall submit, on and after the effective date of the enactment of the change, a written notification and supply all requisite information to the public utility or service supplier, in accordance with the procedures established by the public utility or service supplier. The public utility or other service supplier shall not be required to implement the changes any earlier than 60 days from the date on which the public utility or other service provider receives the written notification and all other information required by the public utility or other service supplier. If the 60th day is not the first day of a month, then the public utility or other service provider shall implement the changes on the first day of the month following the month in which the 60th day occurs. -(6) If a local jurisdiction adopts a new tax, the local jurisdiction shall submit, on and after the effective date of the adoption of the new tax, a written notification to the public utility or other service supplier, in accordance with procedures established by the public utility or other service supplier, requesting that the tax be collected. The public utility or other service supplier shall not be required to begin collecting the tax any earlier than 90 days from the date on which the public utility or other service provider receives written notification and all other information required by the public utility or other service supplier. If the 90th day is not the first day of a month, then the public utility or other service provider shall begin the tax collection on the first day of the month following the month in which the 90th day occurs. Nothing in this section shall be construed to prevent the public utility or other service provider from beginning the tax collection at an earlier date. -(b) For purposes of this section, “other service supplier” shall include, but not be limited to, a holder of a state franchise issued pursuant to Section 5840. -(c) The Legislature finds and declares that the limitations imposed by this section constitute an issue of statewide concern. The Legislature further finds and declares that the limitations imposed by this section are not municipal affairs as that term is used in Article XI of the California Constitution. Therefore, it is the intent of the Legislature that the limitations imposed by this section apply to all cities, counties, and cities and counties, including chartered cities and chartered counties, any district, including an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries, and any public or municipal corporation. -SEC. 2. -The amendment of Section 799 of the Public Utilities Code made by this act does not constitute a change in, but is declaratory of, existing law.","Under existing law, a public utility is required to bill its customers for various taxes imposed by a public entity and remit the revenues from those taxes that are collected to the public entity. The Public Utilities Act provides that a public utility or other service supplier is not liable to any customer as a result of collecting these taxes, and grants various rights to, and imposes various requirements on, public utilities and other service suppliers with respect to the imposition, repeal, or collection of the taxes. Existing law, the Digital Infrastructure and Video Competition Act of 2006, establishes a procedure for the issuance of state franchises for the provision of video service, defined to include cable service and open-video systems, administered by the Public Utilities Commission. -This bill would explicitly define the term “other service supplier” for the purpose of those provisions to include, but not be limited to, a holder of a state franchise for the provision of video service.","An act to amend Section 799 of the Public Utilities Code, relating to public utilities." -389,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 54953 of the Government Code is amended to read: -54953. -(a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. -(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. -(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. -(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. -(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. -(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. -(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. -(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. -(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), when a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and that number and access codes are identified in the notice and agenda of the meeting. -(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. -(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. -(4) This subdivision shall remain in effect only until January 1, 2018. -SEC. 2. -The Legislature finds and declares that Section 1 of this act, which amends Section 54953 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: -This act ensures that more Californians can meaningfully participate in the meetings of legislative bodies of local agencies. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","The Ralph M. Brown Act requires that all meetings of a legislative body of a local agency be open and public, except that closed sessions may be held under prescribed circumstances. Existing law authorizes the legislative body to hold a closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee, but generally prohibits the closed session from including discussion or action on proposed compensation. Existing law authorizes the legislative body to hold a closed session with the local agency’s designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, but prohibits the closed session from including final action on the proposed compensation of one or more unrepresented employees. Existing law prohibits the legislative body from calling a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined. -This bill, prior to taking final action, would require the legislative body to orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive during the open meeting in which the final action is to be taken. -By imposing new requirements on cities, counties, cities and counties, and special districts, this bill would impose a state-mandated local program. -The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. -This bill would make legislative findings to that effect. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 54953 of the Government Code, relating to open meetings." -390,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) While ensuring that quality education for all of California’s schoolchildren is a shared responsibility of the general public, it is foremost the duty of individual parents. -(b) Providing tax relief for citizens who shoulder an extra weight in pursuit of the common good has long been considered sound public policy. -(c) Every school year, kindergarten and grades 1 to 12, inclusive, parents across California pay at their own expense to obtain vital educational resources and services that are essential to those children entrusted to their parents’ care. -(d) Financial pressures weighing upon California families have also made it difficult to ensure for their children a quality elementary and secondary education while at the same time generating funds for college. -(e) State education tax relief can help empower and engage low- and middle-income families in personally caring for their own schoolchildren’s kindergarten through high school learning needs and generate funds for college. -SEC. 2. -Section 17072 of the Revenue and Taxation Code is amended to read: -17072. -(a) Section 62 of the Internal Revenue Code, relating to adjusted gross income defined, shall apply, except as otherwise provided. -(b) Section 62(a)(2)(D) of the Internal Revenue Code, relating to certain expenses of elementary and secondary school teachers, shall not apply. -(c) Section 62(a)(21) of the Internal Revenue Code, relating to attorneys fees relating to awards to whistleblowers, shall not apply. -(d) Section 62(a) of the Internal Revenue Code is modified to provide that the deduction under Section 17208 shall be allowed in determining adjusted gross income. -(e) Section 62(a) of the Internal Revenue Code is modified to provide that the deduction under Section 17208.2 shall be allowed in determining adjusted gross income. -SEC. 3. -Section 17208 is added to the Revenue and Taxation Code, to read: -17208. -(a) Notwithstanding any other provision of this part or Part 11 (commencing with Section 23001) to the contrary, for each taxable year beginning on or after January 1, 2016, and before January 1, 2021, a deduction shall be allowed for an amount contributed by a taxpayer during the taxable year to a Coverdell education savings account, not to exceed seven hundred fifty dollars ($750) per taxable year, except as otherwise provided in this section. -(b) For purposes of this section, “Coverdell education savings account” shall have the same meaning as that term is defined by Section 530 of the Internal Revenue Code, as modified by Section 23712. -(c) For purposes of applying Section 530 of the Internal Revenue Code, relating to Coverdell education savings accounts, the basis of the Coverdell education savings account shall be reduced by any amount deducted pursuant to this section. -(d) This section shall be repealed on December 1, 2021. -SEC. 4. -Section 17208.2 is added to the Revenue and Taxation Code, to read: -17208.2. -(a) For each taxable year beginning on or after January 1, 2016, and before January 1, 2021, there shall be allowed as a deduction an amount equal to the qualified amount that was paid or incurred for qualified education-related expenses for one or more dependent children by a qualified taxpayer during the taxable year. -(b) For the purposes of this section, the following definitions shall apply: -(1) “Dependent children” means one or more children, as defined in Section 152(f)(1) of the Internal Revenue Code, relating to child defined, who meet all of the following requirements: -(A) Attend kindergarten or any of grades 1 to 12, inclusive, in California at a public, charter, or private school that has a current private school affidavit on file with the State Department of Education in the taxable year. -(B) Are deemed a full-time pupil in accordance with the compulsory education requirements of Sections 48200 or 48222 of the Education Code. -(C) Are under 21 years of age at the end of the school year. -(D) Meet the requirements of Section 152(c)(1)(D) and (E) of the Internal Revenue Code. -(E) Are claimed as the dependent children on the original, timely filed return of the qualified taxpayer. -(2) “Qualified amount” means the amount paid or incurred for qualified education-related expenses, not to exceed the amount specified in subdivision (c). -(3) (A) “Qualified education-related expenses” means the kindergarten or any of grades 1 to 12, inclusive, costs of any of the following: the rental or purchase of educational equipment required for classes during the regular school day; computers, computer hardware, and educational computer software used to learn academic subjects; fees for college courses at public institutions or independent nonprofit colleges, or for summer school courses that satisfy high school graduation requirements; psychoeducational diagnostic evaluations to assess the cognitive and academic abilities of dependent children; special education and related services for dependent children who have an individualized education program or its equivalent; out-of-school enrichment programs, tutoring, and summer programs that are academic in nature; and public transportation or third-party transportation expenses for traveling directly to and from school. -(B) “Qualified education-related expenses” shall not include any expenses for the items described in subparagraph (A) that also are used in a trade or business. -(4) “Qualified taxpayer” means a parent or legal guardian of one or more dependent children who meet all of the following requirements: -(A) Both the dependent children and the parent or guardian reside in California when the qualified education-related expenses are paid or incurred. -(B) (i) The household income does not exceed 250 percent of the federal Income Eligibility Guidelines published by the Food and Nutrition Service of the United States Department of Agriculture for use in determining eligibility for reduced price meals. -(ii) “Household income” means adjusted gross income as defined in Section 62 of the Internal Revenue Code. -(c) The total deduction allowed under this section to a qualified taxpayer shall not exceed two thousand five hundred dollars ($2,500) in a taxable year. If more than one qualified taxpayer may be allowed this deduction for dependent children, including a qualified taxpayer filing a joint return, the sum of all deductions allowed under this section for those dependent children shall not exceed two thousand five hundred dollars ($2,500) in a taxable year. -(d) (1) The Franchise Tax Board may prescribe rules, standards, criteria, guidelines, procedures, determinations, or notices necessary or appropriate to carry out the purposes of this section. -(2) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to any rule, standard, criterion, guideline, procedure, determination, or notice established or issued by the Franchise Tax Board pursuant to this section. -(e) This section shall be repealed on December 1, 2021. -SEC. 5. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The Personal Income Tax Law, in modified conformity with federal income tax laws, allows various deductions from gross income in computing adjusted gross income under that law, including deductions for payments to individual retirement accounts, alimony payments, and interest on educational loans. -This bill, for taxable years beginning on or after January 1, 2016, and before January 1, 2021, would allow a deduction in computing adjusted gross income for those amounts contributed to a Coverdell education savings account, up to $750 per taxable year, as provided. The bill, for taxable years beginning on or after January 1, 2016, and before January 1, 2021, would also allow a deduction in computing adjusted gross income, not to exceed $2,500, for the cost of education-related expenses of the taxpayer’s dependent child or children attending public or private school, as specified. -This bill would take effect immediately as a tax levy.","An act to amend Section 17072 of, and to add and repeal Sections 17208 and 17208.2 of, the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -391,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 21168.6.7 is added to the Public Resources Code, to read: -21168.6.7. -(a) For the purposes of this section “water storage project” means a project described in subdivision (a) of Section 79751 of the Water Code and funded, in whole or in part, with proceeds of bonds sold pursuant to the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Division 26.7 (commencing with Section 79700) of the Water Code). -(b) Notwithstanding any other law, the procedures established pursuant to subdivision (c) shall apply to an action or proceeding brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water storage project or the granting of any approvals for a water storage project. -(c) On or before July 1, 2017, the Judicial Council shall adopt a rule of court to establish procedures applicable to actions or proceedings brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water storage project or the granting of any project approvals that require the actions or proceedings, including any potential appeals therefrom, be resolved, to the extent feasible, within 370 days of certification of the record of proceedings pursuant to subdivision (e). -(d) (1) The draft and final environmental impact report for a water storage project shall include a notice in not less than 12-point type stating the following: -THIS EIR IS SUBJECT TO SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR. -(2) The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section. -(3) Within 10 days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that report. -(4) Within 10 days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report. -(5) (A) Within five days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation. The lead agency and applicant shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 days after the close of the public comment period. -(B) A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated. -(C) The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years experience in land use and environmental law or science, or mediation. The applicant shall bear the costs of mediation. -(D) A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute. -(E) The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency, the applicant, and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this subparagraph shall not raise the issue addressed by that measure as a basis for an action or proceeding challenging the lead agency’s decision to certify the environmental impact report or to grant one or more initial project approvals. -(6) The lead agency need not consider written or oral comments submitted after the close of the public comment period, unless those comments address any of the following: -(A) New issues raised in the response to comments by the lead agency. -(B) New information released by the public agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents. -(C) Changes made to the project after the close of the public comment period. -(D) Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting and monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, where the lead agency releases those documents subsequent to the release of the draft environmental impact report. -(E) New information that was not reasonably known and could not have been reasonably known during the public comment period. -(7) The lead agency shall file the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152 within five days after the last initial project approval. -(e) (1) The lead agency may prepare and certify the record of the proceedings in accordance with this subdivision and in accordance with Rule 3.1365 of the California Rules of Court. The applicant shall pay the lead agency for all costs of preparing and certifying the record of proceedings. -(2) No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to or relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared or received by the lead agency. -(3) Notwithstanding paragraph (2), documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index shall specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review. -(4) The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make those comments available to the public in a readily accessible electronic format within five days of their receipt. -(5) Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format. -(6) The lead agency shall indicate in the record of the proceedings comments received that were not considered by the lead agency pursuant to paragraph (6) of subdivision (d) and need not include the content of the comments as a part of the record. -(7) Within five days after the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152, the lead agency shall certify the record of the proceedings for the approval or determination and shall provide an electronic copy of the record to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy. -(8) Within 10 days after being served with a complaint or a petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court. -(9) Any dispute over the content of the record of the proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record shall file a motion to augment the record at the time it files its initial brief. -(10) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6. -(f) Subdivisions (d) and (e) do not apply to a project for which an environmental review pursuant to this division has commenced before January 1, 2017. -(g) (1) (A) In granting relief in an action or proceeding brought pursuant to this division, the court shall not stay or enjoin the construction or operation of a water storage project unless the court finds either of the following: -(i) The continued construction or operation of the water storage project presents an imminent threat to the public health and safety. -(ii) The water storage project site contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continued construction or operation of the water storage project unless the court stays or enjoins the construction or operation of the water storage project. -(B) If the court finds that clause (i) or (ii) of subparagraph (A) is satisfied, the court shall only enjoin those specific activities associated with the water storage project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values. -(2) An action or proceeding to attack, set aside, void, or annul a determination, finding, or decision of the lead agency granting a subsequent project approval shall be subject to the requirements of this chapter. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA and a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency’s action on the grounds of noncompliance with CEQA. -The Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1), approved by the voters at the November 4, 2014, statewide general election, authorizes the issuance of bonds pursuant to the State General Obligation Bond Law to finance a water quality, supply, and infrastructure improvement program. -This bill would require a lead agency, in certifying the environmental impact report and in granting approvals for certain water storage projects funded, in whole or in part, by Proposition 1, to comply with specified procedures. Because a public agency would be required to comply with those new procedures, this bill would impose a state-mandated local program. The bill would authorize the lead agency to concurrently prepare the record of proceedings for the project. The bill would require the Judicial Council, on or before July 1, 2017, to adopt a rule of court to establish procedures applicable to actions or proceedings seeking judicial review of a lead agency’s action in certifying the environmental impact report and in granting approval for those projects that require the actions or proceedings, including any appeals therefrom, be resolved, to the extent feasible, within 370 days of the certification of the record of proceedings. The bill would prohibit a court from staying or enjoining those projects unless it makes specified findings. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 21168.6.7 to the Public Resources Code, relating to environmental quality." -392,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 32310 of the Penal Code is amended to read: -32310. -(a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. -(b) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) upon the first offense, by a fine not to exceed two hundred fifty dollars ($250) upon the second offense, and by a fine not to exceed five hundred dollars ($500) upon the third or subsequent offense. -(c) A person who, prior to July 1, 2017, legally possesses a large-capacity magazine shall dispose of that magazine by any of the following means: -(1) Remove the large-capacity magazine from the state. -(2) Prior to July 1, 2017, sell the large-capacity magazine to a licensed firearms dealer. -(3) Destroy the large-capacity magazine. -(4) Surrender the large-capacity magazine to a law enforcement agency for destruction. -(d) For purposes of this section, “manufacturing” includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine. -(e) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of this code shall not be punished under more than one provision. -SEC. 2. -Section 32400 of the Penal Code is amended to read: -32400. -Section 32310 does not apply to the sale of, giving of, lending of, possession of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties. -SEC. 3. -Section 32405 of the Penal Code is amended to read: -32405. -Section 32310 does not apply to the sale to, lending to, transfer to, purchase by, receipt of, possession of, or importation into this state of, a large-capacity magazine by a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or a sworn federal law enforcement officer who is authorized to carry a firearm in the course and scope of that officer’s duties. -SEC. 4. -Section 32406 is added to the Penal Code, to read: -32406. -Subdivisions (b) and (c) of Section 32310 do not apply to the following: -(a) An individual who honorably retired from being a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or an individual who honorably retired from being a sworn federal law enforcement officer, who was authorized to carry a firearm in the course and scope of that officer’s duties. For purposes of this section, “honorably retired” has the same meaning as provided in Section 16690. -(b) A federal, state, or local historical society, museum or institutional society, or museum or institutional collection, that is open to the public, provided that the large-capacity magazine is unloaded, properly housed within secured premises, and secured from unauthorized handling. -(c) A person who finds a large-capacity magazine, if the person is not prohibited from possessing firearms or ammunition, and possessed it no longer than necessary to deliver or transport it to the nearest law enforcement agency. -(d) A forensic laboratory, or an authorized agent or employee thereof in the course and scope of his or her authorized activities. -(e) The receipt or disposition of a large-capacity magazine by a trustee of a trust, or an executor or administrator of an estate, including an estate that is subject to probate, that includes a large-capacity magazine. -(f) A person lawfully in possession of a firearm that the person obtained prior to January 1, 2000, if no magazine that holds 10 or fewer rounds of ammunition is compatible with that firearm and the person possesses the large-capacity magazine solely for use with that firearm. -SEC. 5. -Section 32410 of the Penal Code is amended to read: -32410. -Section 32310 does not apply to the possession, sale, or purchase of any large-capacity magazine to or by a person licensed pursuant to Sections 26700 to 26915, inclusive. -SEC. 6. -Section 32420 of the Penal Code is repealed. -SEC. 7. -Section 32425 of the Penal Code is amended to read: -32425. -Section 32310 does not apply to either of the following: -(a) The lending or giving of any large-capacity magazine to, or possession of that magazine by, a person licensed pursuant to Sections 26700 to 26915, inclusive, or to a gunsmith, for the purposes of maintenance, repair, or modification of that large-capacity magazine. -(b) The return to its owner of any large-capacity magazine by a person specified in subdivision (a). -SEC. 8. -Section 32430 of the Penal Code is amended to read: -32430. -Section 32310 does not apply to the possession of, importation into this state of, or sale of, any large-capacity magazine by a person who has been issued a permit to engage in those activities pursuant to Section 32315, when those activities are in accordance with the terms and conditions of that permit. -SEC. 9. -Section 32435 of the Penal Code is amended to read: -32435. -Section 32310 does not apply to any of the following: -(a) The sale of, giving of, lending of, possession of, importation into this state of, or purchase of, any large-capacity magazine, to or by any entity that operates an armored vehicle business pursuant to the laws of this state. -(b) The lending of large-capacity magazines by an entity specified in subdivision (a) to its authorized employees, and the possession of those large-capacity magazines by those authorized employees, while in the course and scope of employment for purposes that pertain to the entity’s armored vehicle business. -(c) The return of those large-capacity magazines to the entity specified in subdivision (a) by those employees specified in subdivision (b). -SEC. 10. -Section 32450 of the Penal Code is amended to read: -32450. -Section 32310 does not apply to the purchase or possession of a large-capacity magazine by the holder of a special weapons permit issued pursuant to Section 31000, 32650, or 33300, or pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of this division, for any of the following purposes: -(a) For use solely as a prop for a motion picture, television, or video production. -(b) For export pursuant to federal regulations. -(c) For resale to law enforcement agencies, government agencies, or the military, pursuant to applicable federal regulations. -SEC. 11. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law prohibits the sale, gift, and loan of a large-capacity magazine. A violation of this prohibition is punishable as a misdemeanor with specified penalties or as a felony. -This bill would, commencing July 1, 2017, make it an infraction punishable by a fine not to exceed $100 for the first offense, by a fine not to exceed $250 for the 2nd offense, and by a fine not to exceed $500 for the 3rd or subsequent offense, for a person to possess any large-capacity magazine, regardless of the date the magazine was acquired. The bill would require a person in lawful possession of a large-capacity magazine prior to July 1, 2017, to dispose of the magazine, as provided. -By creating a new crime, this bill would impose a state-mandated local program. -(2) Existing law creates various exceptions to the crime described in paragraph (1) above, which include, but are not limited to, the sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by the holder of a special weapons permit for use as a prop for a motion picture, or any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties. -This bill would make conforming changes to those exceptions by including possession of a large-capacity magazine in those provisions and would establish additional exceptions to the crime described in paragraph (1) above, including exceptions to allow licensed gunsmiths and honorably retired sworn peace officers to possess a large-capacity magazine. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 32310, 32400, 32405, 32410, 32425, 32430, 32435, and 32450 of, to add Section 32406 to, and to repeal Section 32420 of, the Penal Code, relating to firearms." -393,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 9.6 (commencing with Section 4450) is added to Division 2 of the Business and Professions Code, to read: -CHAPTER 9.6. Pharmacy Benefits Management -4450. -For purposes of this chapter, the following definitions shall apply: -(a) “Improper reimbursement” means a pharmacy benefit manager has requested and received reimbursement from a pharmacist or pharmacy in its network for the cost of a drug dispensed to a patient that was previously authorized and properly adjudicated, in violation of subdivision (a) of Section 4451. -(b) “Pharmacist” or “pharmacy” has the same meaning as set forth in Chapter 9 (commencing with Section 4000), and is a person or entity located in this state that participates in the network of a pharmacy benefit manager. -(c) “Pharmacy benefit manager” means an entity that performs pharmacy benefits management. -(d) “Pharmacy benefits management” means the administration or management of prescription drug benefits, including, but not limited to, the procurement of prescription drugs at a negotiated rate for dispensation within this state, the processing of prescription drug claims, and the administration of payments related to prescription drug claims. -(e) “Properly adjudicated” means the pharmacist or pharmacy was explicitly authorized by the pharmacy benefit manager to dispense a drug to a patient through its network, and the pharmacist or pharmacy was entitled to the payment that was provided, at that point in time, by the pharmacy benefit manager, pursuant to that authorization. -(f) “Reimbursement” means the amount that was previously paid by a pharmacy benefit manager to a contracted pharmacist or pharmacy for the cost of a drug dispensed to a patient that was authorized to be dispensed as a covered drug and properly adjudicated. -4451. -(a) Notwithstanding any other law, a pharmacy benefit manager is prohibited from requiring that a pharmacist or pharmacy provide reimbursement to the pharmacy benefit manager for the cost of any drug dispensed to a patient that was properly adjudicated, except upon a showing of fraud or malfeasance. -(b) No contract entered into on or after January 1, 2017, between a pharmacy benefit manager and a pharmacist or pharmacy shall include a provision that conflicts with the prohibition set forth in subdivision (a). -4452. -(a) Notwithstanding any other law, a pharmacy benefit manager that administers pharmacy benefits management in this state that has requested and received any improper reimbursements from a pharmacist or pharmacy pursuant to the prohibition set forth in subdivision (a) of Section 4451 shall refund that payment to the pharmacist or pharmacy. -(b) Subdivision (a) shall apply only to those improper reimbursements that were received by the pharmacy benefit manager between January 1, 2012, and January 1, 2017. -SECTION 1. -Section 4001 of the -Business and Professions Code -is amended to read: -4001. -(a)There is in the Department of Consumer Affairs a California State Board of Pharmacy in which the administration and enforcement of this chapter is vested. The board is composed of 13 members. -(b)The Governor shall appoint seven competent pharmacists who reside in different parts of the state to serve as members of the board. The Governor shall appoint four public members, and the Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member who shall not be a licensee of the board, any other board under this division, or any board referred to in Section 1000 or 3600. -(c)At least five of the seven pharmacist appointees to the board shall be pharmacists who are actively engaged in the practice of pharmacy. Additionally, the membership of the board shall include at least one pharmacist representative from each of the following practice settings: an acute care hospital, an independent community pharmacy, a chain community pharmacy, and a long-term health care or skilled nursing facility. The pharmacist appointees shall also include a pharmacist who is a member of a labor union that represents pharmacists. For the purposes of this subdivision, a “chain community pharmacy” means a chain of 75 or more stores in California under the same ownership, and an “independent community pharmacy” means a pharmacy owned by a person or entity who owns no more than four pharmacies in California. -(d)Members of the board shall be appointed for a term of four years. No person shall serve as a member of the board for more than two consecutive terms. Each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. Vacancies occurring shall be filled by appointment for the unexpired term. -(e)Each member of the board shall receive a per diem and expenses as provided in Section 103. -(f)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.","Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists and pharmacies by the California State Board of Pharmacy. Existing law imposes requirements on audits of pharmacy services provided to beneficiaries of a health benefit plan, as specified. -This bill would prohibit a pharmacy benefit manager, as defined, from requiring that a pharmacist or pharmacy provide reimbursement to the pharmacy benefit manager for the cost of any drug dispensed to a patient that was properly adjudicated, as defined, except upon a showing of fraud or malfeasance. The bill would require any improper reimbursement made under those provisions during a specified 5-year period to be refunded to the pharmacist or pharmacy, as specified. -The Pharmacy Law establishes in the Department of Consumer Affairs the California State Board of Pharmacy, which consists of 13 members. -This bill would make a nonsubstantive change to these provisions.","An act to -amend Section 4001 of -add Chapter 9.6 (commencing with Section 4450) to Division 2 of -the Business and Professions Code, relating to healing arts." -394,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 205.5 of the Revenue and Taxation Code is amended to read: -205.5. -(a) Property that constitutes the principal place of residence of a veteran, that is owned by the veteran, the veteran’s spouse, or the veteran and the veteran’s spouse jointly, is exempted from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), if the veteran is blind in both eyes, has lost the use of two or more limbs, or if the veteran is totally disabled as a result of injury or disease incurred in military service. The one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of an eligible veteran whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). -(b) (1) For purposes of this section, “veteran” means either of the following: -(A) A person who is serving in or has served in and has been discharged under other than dishonorable conditions from service in the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, and served either in time of war or in time of peace in a campaign or expedition for which a medal has been issued by Congress, or in time of peace and because of a service-connected disability was released from active duty, and who has been determined by the United States Department of Veterans Affairs to be eligible for federal veterans’ health and medical benefits. -(B) Any person who would qualify as a veteran pursuant to subparagraph (A) except that he or she has, as a result of a service-connected injury or disease, died while on active duty in military service. The United States Department of Veterans Affairs shall determine whether an injury or disease is service connected. -(2) For purposes of this section, property is deemed to be the principal place of residence of a veteran, disabled as described in subdivision (a), who is confined to a hospital or other care facility, if that property would be that veteran’s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For purposes of this paragraph, a family member who resides at the residence is not a third party. -(c) (1) Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a deceased veteran is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of a veteran who was blind in both eyes, had lost the use of two or more limbs, or was totally disabled provided that either of the following conditions is met: -(A) The deceased veteran during his or her lifetime qualified for the exemption pursuant to subdivision (a), or would have qualified for the exemption under the laws effective on January 1, 1977, except that the veteran died prior to January 1, 1977. -(B) The veteran died from a disease that was service connected as determined by the United States Department of Veterans Affairs. -The one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). -(2) Commencing with the 1994–95 fiscal year, property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a veteran as described in subparagraph (B) of paragraph (1) of subdivision (b) is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h). The one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). -(3) Beginning with the 2012–13 fiscal year and for each fiscal year thereafter, property is deemed to be the principal place of residence of the unmarried surviving spouse of a deceased veteran, who is confined to a hospital or other care facility, if that property would be the unmarried surviving spouse’s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For purposes of this paragraph, a family member who resides at the residence is not a third party. -(d) As used in this section, “property that is owned by a veteran” or “property that is owned by the veteran’s unmarried surviving spouse” includes all of the following: -(1) Property owned by the veteran with the veteran’s spouse as a joint tenancy, tenancy in common, or as community property. -(2) Property owned by the veteran or the veteran’s spouse as separate property. -(3) Property owned with one or more other persons to the extent of the interest owned by the veteran, the veteran’s spouse, or both the veteran and the veteran’s spouse. -(4) Property owned by the veteran’s unmarried surviving spouse with one or more other persons to the extent of the interest owned by the veteran’s unmarried surviving spouse. -(5) So much of the property of a corporation as constitutes the principal place of residence of a veteran or a veteran’s unmarried surviving spouse when the veteran, or the veteran’s spouse, or the veteran’s unmarried surviving spouse is a shareholder of the corporation and the rights of shareholding entitle one to the possession of property, legal title to which is owned by the corporation. The exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property. Notwithstanding any law or articles of incorporation or bylaws of a corporation described in this paragraph, any reduction of property taxes paid by the corporation shall reflect an equal reduction in any charges by the corporation to the person who, by reason of qualifying for the exemption, made possible the reduction for the corporation. -(e) For purposes of this section, being blind in both eyes means having a visual acuity of 5/200 or less, or concentric contraction of the visual field to 5 degrees or less; losing the use of a limb means that the limb has been amputated or its use has been lost by reason of ankylosis, progressive muscular dystrophies, or paralysis; and being totally disabled means that the United States Department of Veterans Affairs or the military service from which the veteran was discharged has rated the disability at 100 percent or has rated the disability compensation at 100 percent by reason of being unable to secure or follow a substantially gainful occupation. -(f) An exemption granted to a claimant pursuant to this section shall be in lieu of the veteran’s exemption provided by subdivisions (o), (p), (q), and (r) of Section 3 of Article XIII of the California Constitution and any other real property tax exemption to which the claimant may be entitled. No other real property tax exemption may be granted to any other person with respect to the same residence for which an exemption has been granted pursuant to this section; provided, that if two or more veterans qualified pursuant to this section coown a property in which they reside, each is entitled to the exemption to the extent of his or her interest. -(g) Commencing on January 1, 2002, and for each assessment year thereafter, the household income limit shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. -(h) Commencing on January 1, 2006, and for each assessment year thereafter, the exemption amounts set forth in subdivisions (a) and (c) shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. -(i) The amendments made to this section by the act adding this subdivision shall apply for property tax lien dates for the 2017–18 fiscal year and for each fiscal year thereafter. -SEC. 2. -Section 4831.1 is added to the Revenue and Taxation Code, to read: -4831.1. -Notwithstanding any other law, corrections to the roll that relate to the disabled veterans’ exemption described in Section 205.5 may be corrected within eight years after the making of the assessment being corrected. -SEC. 3. -Section 5097 of the Revenue and Taxation Code is amended to read: -5097. -(a) An order for a refund under this article shall not be made, except on a claim: -(1) Verified by the person who paid the tax, his or her guardian, executor, or administrator. -(2) Except as provided in paragraph (3) or (4), filed within four years after making the payment sought to be refunded, or within one year after the mailing of notice as prescribed in Section 2635, or the period agreed to as provided in Section 532.1, or within 60 days of the date of the notice prescribed by subdivision (a) of Section 4836, whichever is later. -(3) (A) Filed within one year, if an application for a reduction in an assessment or an application for equalization of an assessment has been filed pursuant to Section 1603 and the applicant does not state in the application that the application is intended to constitute a claim for a refund, of either of the following events, whichever occurs first: -(i) After the county assessment appeals board makes a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment of the property, and mails a written notice of its determination to the applicant and the notice does not advise the applicant to file a claim for refund. -(ii) After the expiration of the time period specified in subdivision (c) of Section 1604 if the county assessment appeals board fails to hear evidence and fails to make a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment of the property. -(B) Filed within six months, if an application for a reduction in an assessment or an application for equalization of an assessment has been filed pursuant to Section 1603 and the applicant does not state in the application that the application is intended to constitute a claim for a refund, after the county assessment appeals board makes a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment, and mails a written notice of its determination to the applicant and the notice advises the applicant to file a claim for refund within six months of the date of the county assessment appeals board’s final determination. -(4) Filed within eight years after making the payment sought to be refunded, or within 60 days of the notice prescribed by subdivision (a) of Section 4836, whichever is later, if the claim for refund is filed on or after January 1, 2015, and relates to the disabled veterans’ exemption described in Section 205.5. -(b) An application for a reduction in an assessment filed pursuant to Section 1603 shall also constitute a sufficient claim for refund under this section if the applicant states in the application that the application is intended to constitute a claim for refund. If the applicant does not so state, he or she may thereafter and within the period provided in paragraph (3) of subdivision (a) file a separate claim for refund of taxes extended on the assessment which the applicant applied to have reduced pursuant to Section 1603 or Section 1604. -(c) If an application for equalization of an escape assessment is filed pursuant to Section 1603, a claim may be filed on any taxes resulting from the escape assessment or the original assessment to which the escape relates within the period provided in paragraph (3) of subdivision (a). -(d) The amendments made to this section by the act adding this subdivision shall apply to claims for refund filed on or after January 1, 2015. -SEC. 4. -Section 5097.3 is added to the Revenue and Taxation Code, to read: -5097.3. -Notwithstanding any other law, any taxes paid before or after delinquency may be refunded by the county tax collector or the county auditor, within eight years after the date of payment, if the amount paid exceeds the amount due on the property as the result of corrections to the roll that relate to the disabled veterans’ exemption described in Section 205.5. -SEC. 5. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 6. -Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. -SEC. 7. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","Existing property tax law provides, pursuant to the authorization of the California Constitution, a disabled veteran’s property tax exemption for the principal place of residence of a veteran or a veteran’s spouse, including an unmarried surviving spouse, if the veteran, because of an injury incurred in military service, is blind in both eyes, has lost the use of 2 or more limbs, or is totally disabled, as those terms are defined, or if the veteran has, as a result of a service-connected injury or disease, died while on active duty in military service. That law defines a veteran for its purposes as a person who, among other things, is serving in or has served in and has been discharged under honorable conditions from service in the United States Army, Navy, Air Force, Marine Corps, or Coast Guard. -This bill, for property tax lien dates for the 2017–18 fiscal year and each fiscal year thereafter, would expand that definition of veteran to include a person who has been discharged in other than dishonorable conditions from service under those same conditions and who has been determined by the United States Department of Veterans Affairs to be eligible for federal veterans’ health and medical benefits. -Existing property tax law allows the correction of certain errors resulting in incorrect entries on the property tax roll within 4 years after the making of the assessment. -This bill would extend the time for correcting errors to the roll related to the disabled veterans’ exemption to 8 years. -Existing law requires property taxes to be refunded upon the filing of a claim within 8 years after making the payment sought to be refunded if the claim relates to the disabled veterans’ exemption. -This bill would instead require a refund on a claim filed within 8 years after making the payment sought to be refunded, or within 60 days of the date of a specified notice, whichever is later. -Existing property tax law authorizes any taxes paid before or after delinquency to be refunded by the county tax collector within 4 years after the date of payment under specified conditions. -This bill would authorize any taxes paid before or after delinquency to be refunded by the county tax collector within 8 years after the date of payment if the amount paid exceeds the amount due on the property as a result of corrections to the roll that relate to the disabled veterans’ exemption. -By changing the manner in which local county officials administer property tax refunds with respect to the disabled veterans’ exemption, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. -This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. -This bill would take effect immediately as a tax levy.","An act to amend Sections 205.5 and 5097 of, and to add Sections 4831.1 and 5097.3 to, the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -395,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 23612 of the Vehicle Code is amended to read: -23612. -(a) (1) (A) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies. -(B) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood for the purpose of determining the drug content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood test is unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. -(C) The testing shall be incidental to a lawful arrest and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of Section 23140, 23152, or 23153. -(D) The person shall be told that his or her failure to submit to, or the failure to complete, the required chemical testing will result in a fine, mandatory imprisonment if the person is convicted of a violation of Section 23152 or 23153, and (i) the suspension of the person’s privilege to operate a motor vehicle for a period of one year, (ii) the revocation of the person’s privilege to operate a motor vehicle for a period of two years if the refusal occurs within 10 years of a separate violation of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153 of this code, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code that resulted in a conviction, or if the person’s privilege to operate a motor vehicle has been suspended or revoked pursuant to Section 13353, 13353.1, or 13353.2 for an offense that occurred on a separate occasion, or (iii) the revocation of the person’s privilege to operate a motor vehicle for a period of three years if the refusal occurs within 10 years of two or more separate violations of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153 of this code, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, or any combination thereof, that resulted in convictions, or if the person’s privilege to operate a motor vehicle has been suspended or revoked two or more times pursuant to Section 13353, 13353.1, or 13353.2 for offenses that occurred on separate occasions, or if there is any combination of those convictions, administrative suspensions, or revocations. -(2) (A) If the person is lawfully arrested for driving under the influence of an alcoholic beverage, the person has the choice of whether the test shall be of his or her blood or breath and the officer shall advise the person that he or she has that choice. If the person arrested either is incapable, or states that he or she is incapable, of completing the chosen test, the person shall submit to the remaining test. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies. -(B) If the person is lawfully arrested for driving under the influence of any drug or the combined influence of an alcoholic beverage and any drug, the person has the choice of whether the test shall be of his or her blood or breath, and the officer shall advise the person that he or she has that choice. -(C) A person who chooses to submit to a breath test may also be requested to submit to a blood test if the officer has reasonable cause to believe that the person was driving under the influence of a drug or the combined influence of an alcoholic beverage and a drug and if the officer has a clear indication that a blood test will reveal evidence of the person being under the influence. The officer shall state in his or her report the facts upon which that belief and that clear indication are based. The officer shall advise the person that he or she is required to submit to an additional test. The person shall submit to and complete a blood test. If the person arrested is incapable of completing the blood test, the person shall submit to and complete a urine test. -(3) If the person is lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153, and, because of the need for medical treatment, the person is first transported to a medical facility where it is not feasible to administer a particular test of, or to obtain a particular sample of, the person’s blood or breath, the person has the choice of those tests, including a urine test, that are available at the facility to which that person has been transported. In that case, the officer shall advise the person of those tests that are available at the medical facility and that the person’s choice is limited to those tests that are available. -(4) The officer shall also advise the person that he or she does not have the right to have an attorney present before stating whether he or she will submit to a test or tests, before deciding which test or tests to take, or during administration of the test or tests chosen, and that, in the event of refusal to submit to a test or tests, the refusal may be used against him or her in a court of law. -(5) A person who is unconscious or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn his or her consent and a test or tests may be administered whether or not the person is told that his or her failure to submit to, or the noncompletion of, the test or tests will result in the suspension or revocation of his or her privilege to operate a motor vehicle. A person who is dead is deemed not to have withdrawn his or her consent and a test or tests may be administered at the direction of a peace officer. -(b) A person who is afflicted with hemophilia is exempt from the blood test required by this section, but shall submit to, and complete, a urine test. -(c) A person who is afflicted with a heart condition and is using an anticoagulant under the direction of a licensed physician and surgeon is exempt from the blood test required by this section, but shall submit to, and complete, a urine test. -(d) (1) A person lawfully arrested for an offense allegedly committed while the person was driving a motor vehicle in violation of Section 23140, 23152, or 23153 may request the arresting officer to have a chemical test made of the arrested person’s blood or breath for the purpose of determining the alcoholic content of that person’s blood, and, if so requested, the arresting officer shall have the test performed. -(2) If a blood or breath test is not available under subparagraph (A) of paragraph (1) of subdivision (a), or under subparagraph (A) of paragraph (2) of subdivision (a), or under paragraph (1) of this subdivision, the person shall submit to the remaining test in order to determine the percent, by weight, of alcohol in the person’s blood. If both the blood and breath tests are unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. -(e) If the person, who has been arrested for a violation of Section 23140, 23152, or 23153, refuses or fails to complete a chemical test or tests, or requests that a blood or urine test be taken, the peace officer, acting on behalf of the department, shall serve the notice of the order of suspension or revocation of the person’s privilege to operate a motor vehicle personally on the arrested person. The notice shall be on a form provided by the department. -(f) If the peace officer serves the notice of the order of suspension or revocation of the person’s privilege to operate a motor vehicle, the peace officer shall take possession of all driver’s licenses issued by this state that are held by the person. The temporary driver’s license shall be an endorsement on the notice of the order of suspension and shall be valid for 30 days from the date of arrest. -(g) (1) The peace officer shall immediately forward a copy of the completed notice of suspension or revocation form and any driver’s license taken into possession under subdivision (f), with the report required by Section 13380, to the department. If the person submitted to a blood or urine test, the peace officer shall forward the results immediately to the appropriate forensic laboratory. The forensic laboratory shall forward the results of the chemical tests to the department within 15 calendar days of the date of the arrest. -(2) (A) Notwithstanding any other law, a document containing data prepared and maintained in the governmental forensic laboratory computerized database system that is electronically transmitted or retrieved through public or private computer networks to or by the department is the best available evidence of the chemical test results in all administrative proceedings conducted by the department. In addition, any other official record that is maintained in the governmental forensic laboratory, relates to a chemical test analysis prepared and maintained in the governmental forensic laboratory computerized database system, and is electronically transmitted and retrieved through a public or private computer network to or by the department is admissible as evidence in the department’s administrative proceedings. In order to be admissible as evidence in administrative proceedings, a document described in this subparagraph shall bear a certification by the employee of the department who retrieved the document certifying that the information was received or retrieved directly from the computerized database system of a governmental forensic laboratory and that the document accurately reflects the data received or retrieved. -(B) Notwithstanding any other law, the failure of an employee of the department to certify under subparagraph (A) is not a public offense. -(h) A preliminary alcohol screening test that indicates the presence or concentration of alcohol based on a breath sample in order to establish reasonable cause to believe the person was driving a vehicle in violation of Section 23140, 23152, or 23153 is a field sobriety test and may be used by an officer as a further investigative tool. -(i) A preliminary oral fluid screening test that indicates the presence or concentration of a drug or controlled substance based on a sample in order to establish reasonable cause to believe the person was driving a vehicle in violation of Section -23140, 23152, -23152 -or 23153 is a field sobriety test and may be used by an officer as a further investigative tool. -(j) If the officer decides to use a preliminary alcohol or oral fluid screening test, the officer shall advise the person that he or she is requesting that person to take a preliminary alcohol or oral fluid screening test to assist the officer in determining if that person is under the influence of alcohol or drugs, or a combination of alcohol and drugs. The person’s obligation to submit to a blood, breath, or urine test, as required by this section, for the purpose of determining the alcohol or drug content of that person’s blood, is not satisfied by the person submitting to a preliminary alcohol or oral fluid screening test. The officer shall advise the person of that fact and of the person’s right to refuse to take the preliminary alcohol or oral fluid screening test.","Existing law provides that a person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood for the purpose of determining the drug content of his or her blood if lawfully arrested for driving under the influence of alcohol or drugs. Existing law provides that if a blood test is unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. Existing law authorizes an officer to use a preliminary alcohol screening test that indicates the presence or concentration of alcohol based on a breath sample as a further investigatory tool in order to establish reasonable cause to believe the person was driving a vehicle in violation of certain prohibitions against driving under the influence of alcohol or drugs. -This bill would authorize an officer to use a preliminary oral fluid screening test that indicates the presence or concentration of a drug or controlled substance as a further investigatory tool in order to establish reasonable cause to believe the person was driving a vehicle in violation of certain prohibitions against driving under the influence of drugs.","An act to amend Section 23612 of the Vehicle Code, relating to vehicles." -396,"The people of the State of California do enact as follows: - - -SECTION 1. -This act is known, and may be cited, as the 2024 Olympic Games and Paralympic Games Act. -SEC. 2. -For purposes of this act: -(a) “Endorsing municipality” means the City of Los Angeles, which has authorized a bid by the Organizing Committee for the Olympic Games (OCOG) for selection of the municipality as the site of the games. -(b) “Games” means the 2024 Olympic and Paralympic Games. -(c) “Games support contract” means a joinder agreement or a similar contract executed by the Governor and containing terms permitted or required by this act. -(d) “Joinder agreement” means an agreement in connection with the selection of a site in this state for the location of the games. -(e) “OCOG” means a nonprofit corporation, or its successor in interest, that: -(1) Has been authorized by the endorsing municipality to pursue an application and bid on the endorsing municipality’s behalf to a site selection organization for selection as the site for the games. -(2) With the authorization of the endorsing municipality, has executed a bid committee agreement with the United States Olympic Committee regarding a bid and the bid process to host the games. -(f) “Site selection organization” means the International Olympic Committee, the International Paralympic Committee, or both, as applicable. -(g) “State security” means the financial obligation, not to exceed two hundred fifty million dollars ($250,000,000), undertaken by the state pursuant to a games support contract executed by the Governor in accordance with this act. -SEC. 3. -The Legislature finds and declares all of the following: -(a) The purpose of this act is to provide assurances required by a site selection organization that will select a city to host the games. -(b) Hosting the games in California is expected to generate billions of dollars for the state’s economy. The OCOG, on behalf of the endorsing municipality, has developed a self-sufficient bid and plan for financing the games that is based on realistic and conservative revenue scenarios and has budgeted sufficient funds to reimburse local and regional governments for services provided during the games. -(c) The endorsing municipality plans to host a sustainable and environmentally responsible games, has committed to sports and recreational opportunities for young people throughout each area by planning to generate a legacy for youth programs and other sports purposes in this state with excess revenues from the games, and plans to develop and implement a unique and broad-based, cultural program. -(d) The endorsing municipality will involve athletes, sports professionals, environmentalists, business and financial experts, nonprofit organizations, youth service leaders, and individuals who represent the entire diversity of the endorsing municipality’s state in its bid. -(e) The endorsing municipality expects that if it is chosen as the host city, and once the games have concluded, there will be net revenue exceeding expenses that can be devoted to legacy programs for youth and citizens of California. -SEC. 4. -(a) The Governor may execute games support contracts on behalf of the state that, in accordance with law and subject to the requirements and limitations set forth in Sections 5, 6, and 7 of this act, accept financial liability, funded solely by means of the funding mechanism established by Sections 5, 6, and 7 of this act, and in an aggregate amount that under no circumstance shall exceed two hundred fifty million dollars ($250,000,000), to provide the state security for the following: -(1) Amounts owed by the OCOG to a site selection organization for claims by third parties arising out of or relating to the games. -(2) Any financial deficit accruing to the OCOG as a result of the hosting of the games by the endorsing municipality. Any liability for an amount in excess of the state security of two hundred fifty million dollars ($250,000,000) shall be the responsibility of parties other than the state. -(b) The games support contracts may contain additional provisions that the Governor requires in order to carry out the purposes of this act. -SEC. 5. -(a) There is hereby established in the State Treasury a special fund to be known as the “Olympic Games Trust Fund.” -(b) The state may choose to fund the Olympic Games Trust Fund in any manner it considers appropriate and at the time or times the state determines necessary. It is the intent of the Legislature that the funding mechanism for the fund shall be determined on or about the time of the selection of the endorsing municipality as the host city by the site selection organizations. -(c) The funds in the trust fund may be used only for the sole purpose of fulfilling the obligations of the state under a games support contract to provide the state security. Notwithstanding any other law, the Controller may use the funds in the trust fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. -(d) No additional state funds shall be deposited into the Olympic Games Trust Fund once the Director of Finance determines that the account has achieved, or is reasonably expected to otherwise accrue, the balance necessary to provide the state security pursuant to a games support contract. -(e) If the endorsing municipality is selected by the site selection organization as the host city for the games, the Olympic Games Trust Fund shall be maintained until the Director of Finance makes a determination that the state’s obligation to provide the state security under a games support contract has been satisfied and concluded, at which time the trust fund shall be terminated. -(f) If the endorsing municipality in the State of California is not selected by the site selection organization as the host city for the games, the Olympic Games Trust Fund shall be immediately terminated. -(g) Upon the termination of the Olympic Games Trust Fund, all sums earmarked, transferred, or contained in the fund, along with any investment earnings retained in the fund, shall immediately revert to the General Fund. -SEC. 6. -(a) Any moneys deposited, transferred, or otherwise contained in the Olympic Games Trust Fund established in Section 5 shall be, upon appropriation by the Legislature, used for the sole purpose of providing the state security under a games support contract. The state security may be provided by moneys contained in the trust fund established in Section 5 of this act, or by insurance coverage, letters of credit, or other secured instruments purchased or secured by the moneys, or by any combination thereof as specified in a games support contract. In no event may the liability of the state under all games support contracts, any other agreements related to the conduct of the games, and all financial obligations of the state otherwise arising under this act, exceed two hundred fifty million dollars ($250,000,000) in the aggregate. -(b) Obligations authorized by this act shall be payable solely from the Olympic Games Trust Fund. Neither the full faith and credit nor the taxing power of the state are or shall be pledged for any payment under any obligation authorized by this act. -SEC. 7. -The state shall, subject to the limitations set forth in Sections 5 and 6 of this act and the games support contract, be the payer of last resort with regard to the use of the state security. The state security may not be accessed to cover any obligation of the state under a games support contract until after all of the following occur: -(a) The security provided by the OCOG is fully expended and exhausted. -(b) The endorsing municipality has expended and exhausted at least two hundred fifty million dollars ($250,000,000) of the endorsing municipality’s security. -(c) Any security provided by any other person or entity is fully expended and exhausted. -(d) The limits of available insurance policies have been fully expended and exhausted. -(e) The OCOG has exhausted all efforts to seek payment from all third parties owing moneys or otherwise liable to the OCOG. -SEC. 8. -The OCOG shall list the state as an additional insured on any policy of insurance purchased by the OCOG to be in effect in connection with the preparation for and conduct of the games. -SEC. 9. -The OCOG shall not engage in any conduct that reflects unfavorably upon this state, the endorsing municipality, or the games, or that is contrary to law or to the rules and regulations of the United States Olympic Committee and the International Olympic and Paralympic Committees.","Existing law provides specified requirements in awarding certain public contracts. -This bill would authorize the Governor to execute games support contracts, not to exceed a specified amount, in connection with the site selection process for the City of Los Angeles to become the host for the 2024 Olympic Games and Paralympic Games, that accept financial liability to provide the state security for amounts owed by the Organizing Committee for the Olympic Games (OCOG), as specified, and for any financial deficit accruing to the OCOG as a result of the hosting of the games by the endorsing municipality, as defined. -This bill would make legislative findings and declarations that, among other things, the endorsing municipality has developed a self-sufficient bid for financing the games.",An act relating to public contracts. -397,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1341.45 of the Health and Safety Code is amended to read: -1341.45. -(a) There is hereby created in the State Treasury the Managed Care Administrative Fines and Penalties Fund. -(b) The fines and administrative penalties collected pursuant to this chapter, on and after September 30, 2008, shall be deposited into the Managed Care Administrative Fines and Penalties Fund. -(c) The fines and administrative penalties deposited into the Managed Care Administrative Fines and Penalties Fund shall be transferred by the department, annually, as follows: -(1) The first one million dollars ($1,000,000) shall be transferred to the Medically Underserved Account for Physicians within the Health Professions Education Fund and shall, upon appropriation by the Legislature, be used for the purposes of the Steven M. Thompson Physician Corps Loan Repayment Program, as specified in Article 5 (commencing with Section 128550) of Chapter 5 of Part 3 of Division 107 and, notwithstanding Section 128555, shall not be used to provide funding for the Physician Volunteer Program. -(2) Until January 1, 2017, any amount over the first one million dollars ($1,000,000), including accrued interest, in the fund shall be transferred to the Major Risk Medical Insurance Fund continued pursuant to Section 15893 of the Welfare and Institutions Code and shall, upon appropriation by the Legislature, be used for the Major Risk Medical Insurance Program for the purposes specified in Section 15894 of the Welfare and Institutions Code. -(3) On and after January 1, 2017, and annually thereafter, the second one million dollars ($1,000,000) shall be transferred to the Major Risk Medical Insurance Fund continued pursuant to Section 15893 of the Welfare and Institutions Code and shall, upon appropriation by the Legislature, be used for the Major Risk Medical Insurance Program for the purposes specified in Section 15894 of the Welfare and Institutions Code. -(4) (A) On and after January 1, 2017 any amount over the first two million dollars ($2,000,000), including accrued interest, in the fund shall be transferred to the Medically Underserved Account for Physicians within the Health Professions Education Fund and shall, upon appropriation by the Legislature, and subject to subparagraph (B), be used for the purposes of the Steven M. Thompson Physician Corps Loan Repayment Program, as specified in Article 5 (commencing with Section 128550) of Chapter 5 of Part 3 of Division 107 and, notwithstanding Section 128555, shall not be used to provide funding for the Physician Volunteer Program. -(B) -One-half -Up to one-half -of the moneys deposited into the Medically Underserved Account for Physicians within the Health Professions Education Fund under this paragraph -shall, upon appropriation by the Legislature, be used -may be prioritized -to fund the repayment of -loans -loans -pursuant to paragraph (2) of subdivision (d) of Section 128553 -for those -physicians providing psychiatric services or those physicians whose primary specialty is psychiatry -program applicants who are trained in, and practice, psychiatry, -under the Steven M. Thompson Physician Corps Loan Repayment -Program, as specified in Article -Program (Article -5 (commencing with Section 128550) of Chapter 5 of Part 3 of Division -107. -107). -(d) Notwithstanding subdivision (b) of Section 1356 and Section 1356.1, the fines and administrative penalties authorized pursuant to this chapter shall not be used to reduce the assessments imposed on health care service plans pursuant to Section 1356. -SEC. 2. -Section 128551 of the Health and Safety Code is amended to read: -128551. -(a) It is the intent of this article that the Health Professions Education Foundation and the office provide the ongoing program management of the two programs identified in subdivision (b) of Section 128550 as a part of the California Physician Corps Program. -(b) For purposes of subdivision (a), the foundation shall consult with the Medical Board of California, Office of Statewide Health Planning and Development, and shall establish and consult with an advisory committee of not more than seven members, that shall include two members recommended by the California Medical Association and may include other members of the medical community, including ethnic representatives, medical schools, health advocates representing ethnic communities, primary care clinics, public hospitals, and health systems, statewide agencies administering state and federally funded programs targeting underserved communities, and members of the public with expertise in health care issues. -SEC. 3. -Section 128552 of the Health and Safety Code is amended to read: -128552. -For purposes of this article, the following definitions shall apply: -(a) “Account” means the Medically Underserved Account for Physicians established within the Health Professions Education Fund pursuant to this article. -(b) “Foundation” means the Health Professions Education Foundation. -(c) “Fund” means the Health Professions Education Fund. -(d) “Medi-Cal threshold languages” means primary languages spoken by limited-English-proficient (LEP) population groups meeting a numeric threshold of 3,000, eligible LEP Medi-Cal beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal beneficiaries residing in two contiguous ZIP Codes. -(e) “Medically underserved area” means an area defined as a health professional shortage area in Part 5 (commencing with Section 5.1) of Subchapter A of Chapter 1 of Title 42 of the Code of Federal Regulations or an area of the state where unmet priority needs for physicians exist as determined by the California Healthcare Workforce Policy Commission pursuant to Section 128225. -(f) “Medically underserved population” means the Medi-Cal program and uninsured populations. -(g) “Office” means the Office of Statewide Health Planning and Development (OSHPD). -(h) “Physician Volunteer Program” means the Physician Volunteer Registry Program established by the Medical Board of California. -(i) “Practice setting,” for the purposes of this article only, means either of the following: -(1) A community clinic as defined in subdivision (a) of Section 1204 and subdivision (c) of Section 1206, a clinic owned or operated by a public hospital and health system, or a clinic owned and operated by a hospital that maintains the primary contract with a county government to fulfill the county’s role pursuant to Section 17000 of the Welfare and Institutions Code, which is located in a medically underserved area and at least 50 percent of whose patients are from a medically underserved population. -(2) A physician owned and operated medical practice setting that provides primary care -or psychiatric services -located in a medically underserved area and has a minimum of 50 percent of patients who are uninsured, Medi-Cal beneficiaries, or beneficiaries of another publicly funded program that serves patients who earn less than 250 percent of the federal poverty level. -(j) “Primary specialty” means family practice, internal medicine, pediatrics, -psychiatry, -or obstetrics/gynecology. -(k) “Program” means the Steven M. Thompson Physician Corps Loan Repayment Program. -(l) “Selection committee” means a minimum three-member committee of the board, that includes a member that was appointed by the Medical Board of California. -SEC. 4. -Section 128555.5 is added to the -Health and Safety Code -, to read: -128555.5. -Notwithstanding subdivision (e) of Section 128555, funds deposited into the Medically Underserved Account for Physicians shall not be made available to fund the repayment of loans under the Steven M. Thompson Physician Corps Loan Repayment Program for those physicians providing psychiatric services or those physicians whose primary specialty is psychiatry, except as provided in subparagraph (B) of paragraph (4) of subdivision (c) of Section 1341.45.","Existing law establishes the Steven M. Thompson Physician Corps Loan Repayment Program in the California Physician Corps Program within the Health Professions Education Foundation, which provides financial incentives, including repayment of educational loans, to a physician and surgeon who practices in a medically underserved area, as -defined. -defined, and -who is trained in, and practices, in certain practice settings or primary specialities, as defined. Existing law authorizes the selection committee to fill up to 20% of the available positions with program applicants from specialities outside of the primary specialties, including psychiatry. -Existing law establishes the Medically Underserved Account for Physicians, a continuously appropriated account, within the Health Professions Education Fund that is managed by the Health Professions Education Foundation and the Office of Statewide Health Planning and Development, to primarily provide funding for the ongoing operations of the Steven M. Thompson Physician Corps Loan Repayment Program. -Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and imposes certain requirements on health care service plans. Existing law imposes various fines and administrative penalties on health care service plans for certain violations of the act, which are deposited into the Managed Care Administrative Fines and Penalties Fund. Existing law requires the first $1,000,000 in the fund to be transferred each year to the Medically Underserved Account for Physicians and to be used, upon appropriation by the Legislature, for purposes of the Steven M. Thompson Physician Corps Loan Repayment Program. Existing law requires all remaining funds to be transferred each year to the Major Risk Medical Insurance Fund and to be used, upon appropriation by the Legislature, for purposes of the Major Risk Medical Insurance Program. -This bill would expand the eligibility for loan repayment funds under the Steven M. Thompson Physician Corps Loan Repayment Program to include those physicians providing psychiatric services. The bill would provide that continuously appropriated funds deposited into the Medically Underserved Account for Physicians shall not be made available under the Steven M. Thompson Physician Corps Loan Repayment Program to fund the repayment of loans for those physicians providing psychiatric services or those physicians whose primary specialty is psychiatry, as specified. -The bill would instead require, after the first $1,000,000 is transferred from the Managed Care Administrative Fines and Penalties Fund to the Medically Underserved Account for Physicians, $1,000,000 to be transferred each year to the Major Risk Medical Insurance Fund to be used, upon appropriation by the Legislature, for the Major Risk Medical Insurance Program. The bill would require any amount remaining over the amounts transferred to the Medically Underserved Account for Physicians and the Major Risk Medical Insurance Fund to be transferred each year to the Medically Underserved Account for Physicians to be used, upon appropriation by the Legislature, for the Steven M. Thompson Physician Corps Loan Repayment Program, and provide that one-half of these moneys -are to be used -may be prioritized -to fund the repayment of loans for those -physicians providing psychiatric services or those physicians whose primary specialty is psychiatry -program applicants who are trained in, and practice, psychiatry, -under the Steven M. Thompson Physician Corps Loan Repayment Program. -The bill would also delete a reference to an obsolete program and make other technical, nonsubstantive changes.","An act to amend Sections 1341.45, 128551, and 128552 -of, and to add Section 128555.5 to, -of -the Health and Safety Code, relating to health professions development." -398,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 254.5 of the Revenue and Taxation Code is amended to read: -254.5. -(a) Claims for the welfare exemption and the veterans’ organization exemption shall be filed on or before February 15 of each year with the assessor. -The assessor may not approve a property tax exemption claim until the claimant has been issued a valid organizational clearance certificate pursuant to Section 254.6. Financial statements shall be submitted only if requested in writing by the assessor. -(b) (1) The assessor shall review all claims for the welfare exemption to ascertain whether the property on which the exemption is claimed meets the requirements of Section 214. The assessor shall also review all claims for the veterans’ organization exemption to ascertain whether the property on which the exemption is claimed meets the requirements of Section 215.1. In this connection, the assessor shall consider, among other matters, whether: -(A) Any capital investment of the owner or operator for expansion of a physical plant is justified by the contemplated return thereon, and required to serve the interests of the community. -(B) The property on which the exemption is claimed is used for the actual operation of an exempt activity and does not exceed an amount of property reasonably necessary to the accomplishment of the exempt purpose. -(2) The assessor may institute an audit or verification of the operations of the owner or operator of the applicant’s property to ascertain whether both the owner and operator meet the requirements of Section 214. -(c) (1) The assessor may deny a claim for the welfare exemption on a property, notwithstanding that the claimant has been granted an organizational clearance certificate by the board. -(2) If the assessor finds that the claimant’s property is ineligible for the welfare exemption or the veterans’ organization exemption, the assessor shall notify the claimant in writing of all of the following: -(A) That the property is ineligible for the exemption. -(B) That the claimant may seek a refund of property taxes paid by filing a refund claim with the county. -(C) That if the claimant’s refund claim with the county is denied, the claimant may file a refund action in superior court. -(d) Notwithstanding subdivision (a), an applicant, granted a welfare exemption and owning any property exempted pursuant to Section 214.15 or Section 231, shall not be required to reapply for the welfare exemption in any subsequent year in which there has been no transfer of, or other change in title to, the exempted property and the property is used exclusively by a governmental entity or by a nonprofit corporation described in Section 214.15 for its interest and benefit. The applicant shall notify the assessor on or before February 15 if, on or before the preceding lien date, the applicant became ineligible for the welfare exemption or if, on or before that lien date, the property was no longer owned by the applicant or otherwise failed to meet all requirements for the welfare exemption. -Prior to the lien date, the assessor shall annually mail a notice to every applicant relieved of the requirement of filing an annual application by this subdivision. -The notice shall be in a form and contain that information that the board may prescribe, after consultation with the California Assessors’ Association, and shall set forth the circumstances under which the property may no longer be eligible for exemption, and advise the applicant of the duty to inform the assessor if the property is no longer eligible for exemption. -The notice shall inform any applicant desiring to maintain eligibility for the welfare exemption under Section 214.15 or Section 231 for the next fiscal year of the procedure to reaffirm exemption eligibility. The failure to reaffirm eligibility for the exemption does not of itself constitute a waiver of exemption as called for by the California Constitution, but may result in additional contact by the assessor to verify exempt activity. - -(e) Upon any indication that a welfare exemption or veterans’ organization exemption on the property has been incorrectly granted, the assessor shall redetermine eligibility for the exemption. If the assessor determines that the property, or any portion thereof, is no longer eligible for the exemption, he or she shall immediately cancel the exemption on so much of the property as is no longer eligible for the exemption. -(f) If a welfare exemption or veterans’ organization exemption on the property has been incorrectly allowed, an escape assessment as provided by Article 4 (commencing with Section 531) of Chapter 3 in the amount of the exemption, with interest as provided in Section 506, shall be made, and a penalty shall be assessed for any failure to notify the assessor as required by this section in an amount equaling 10 percent of the escape assessment, but may not exceed two hundred fifty dollars ($250). -(g) Pursuant to Section 15640 of the Government Code, the board shall review the assessor’s administration of the welfare exemption and the veterans’ organization exemption as part of the board’s survey of the county assessment roll to ensure the proper administration of the exemption. -SEC. 2. -Section 1840 of the Revenue and Taxation Code is amended to read: -1840. -If any county, city and county, or municipal corporation desires to secure a review, equalization, or adjustment of the assessment of its property by the board pursuant to subdivision (g) of Section 11 of Article XIII of the California Constitution, it shall apply to the board for that review, equalization, or adjustment in writing on or before November 30. If the assessment objected to is one made outside the regular period for those assessments, the application for review shall be filed with the board within 60 days from the date the tax bill is mailed to the assessee. -Every application shall show the facts claimed to require action of the board, and a copy of the application shall be filed with the assessor whose assessment is questioned. Upon receipt of a timely application, the board shall afford the applicant notice and a hearing in accordance with any rules and regulations as the board may prescribe. The failure to file a timely application shall bar the applicant from relief under subdivision (g) of Section 11 of Article XIII or this section. -SEC. 3. -Section 4674 of the Revenue and Taxation Code is amended to read: -4674. -Any excess in the proceeds deposited in the delinquent tax sale trust fund remaining after satisfaction of the amounts distributed under Sections 4672, 4672.1, 4672.2, 4673, and 4673.1 shall be retained in the fund on account of, and may be claimed by parties of interest in the property as provided in, Section 4675. At the expiration of the period specified in subdivision (e) of Section 4675, any excess proceeds not claimed under Section 4675 may be transferred to the county general fund of the county by the county auditor, except that prior to the transfer, the county may deduct those costs of maintaining the redemption and tax-defaulted property files, and those costs of administering and processing the claims for excess proceeds, that have not been recovered under any other law.","Existing law relieves applicants granted a welfare exemption and owning certain exempt property from reapplying for the welfare exemption in any subsequent year in which there has been no transfer of, or other change in title to, the exempted property and the property is used exclusively by a governmental entity or by a nonprofit corporation, as specified. Existing law requires the assessor to annually mail a notice to every applicant relieved of the requirement of filing an annual application as so described and requires the notice to be in a form and contain that information that the State Board of Equalization may prescribe. Existing law also requires the notice to include a card that is to be returned to the assessor by an applicant desiring to maintain eligibility for the welfare exemption. -This bill would instead require the State Board of Equalization to prescribe the form and content of the notice after consultation with the California Assessors’ Association. The bill would eliminate the requirement that the notice include a card and would instead require the notice to inform any applicant desiring to maintain eligibility for the welfare exemption for the next fiscal year of the procedure to reaffirm exemption eligibility. -The California Constitution generally exempts real property that is owned by a local government from property taxation, but provides that real property owned by a local government that is located outside its boundaries is taxable if it was taxable when acquired. Existing law authorizes a county, city and county, or municipal corporation that owns taxable property to apply to the State Board of Equalization for a review, equalization, or adjustment of a property tax assessment relating to this publicly owned property. Existing law requires that this application be submitted to the board on or before the later of either July 20 or within 2 weeks of the date upon which a county assessor delivers the local roll containing that assessment to the county auditor. -This bill would instead require that this application be submitted to the board on or before November 30. -Existing law generally authorizes a county tax collector to sell tax-defaulted property 5 years or more, or 3 years or more, as applicable, after that property has become tax defaulted. Existing law requires the proceeds from the sale of tax-defaulted property to be deposited in the delinquent tax sale trust fund and requires the proceeds in the fund to be distributed in a specified manner. Existing law requires any excess proceeds remaining in the delinquent tax sale trust fund after distribution of the proceeds to be retained in the fund subject to being claimed by parties of interest, as provided. Existing law, at the expiration of a specified time period, authorizes any excess proceeds not claimed to be transferred to the county general fund. -This bill would authorize the county to deduct certain costs prior to transferring any excess proceeds not claimed to the county general fund.","An act to amend Sections 254.5, 1840, and 4674 of the Revenue and Taxation Code, relating to taxation." -399,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 42010 of the Revenue and Taxation Code is amended to read: -42010. -(a) (1) On and after January 1, 2016, a prepaid MTS surcharge shall be imposed on each prepaid consumer and shall be collected by a seller from each prepaid consumer at the time of each retail transaction in this state. The prepaid MTS surcharge shall be imposed as a percentage of the sales price of each retail transaction that occurs in this state. -(2) The prepaid MTS surcharge shall be in lieu of any charges imposed pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) and the Public Utilities Commission surcharges for prepaid mobile telephony services. -(b) The prepaid MTS surcharge shall be annually calculated by the board by no later than November 1 of each year commencing November 1, 2015, by adding the following: -(1) The surcharge rate reported pursuant to subdivision (d) of Section 41030. -(2) The Public Utilities Commission’s reimbursement fee and telecommunications universal service surcharges, established by the Public Utilities Commission pursuant to subdivisions (b) and (c) of Section 319 of the Public Utilities Code. -(c) (1) The board shall post, for each local jurisdiction, the combined total of the rates of prepaid MTS surcharge and the rate or rates of local charges, as calculated pursuant to Sections 42102 and 42102.5, that each local jurisdiction has adopted, not later than December 1 of each year, on its Internet Web site. The posted combined rate shall be the rate that applies to all retail transactions during the calendar year beginning April 1 following the posting. -(2) Notwithstanding paragraph (1), if a local agency notifies the board pursuant to subdivision (d) of Section 42101.5 that the posted rate is inaccurate or it no longer imposes a local charge or local charges or that the rate of its local charge or local charges has decreased, the board shall promptly post a recalculated rate that is applicable to the jurisdiction of that local agency. The change shall become operative on the first day of the calendar quarter commencing more than 60 days from the date the local agency notifies the board of the inaccuracy or that it no longer imposes a local charge or that the rate of its local charge has decreased. Nothing in this section modifies the notice obligations of Section 799 of the Public Utilities Code. However, beginning January 1, 2016, the notification and implementation requirements of paragraphs (5) and (6) of subdivision (a) of Section 799 of the Public Utilities Code shall not apply to prepaid mobile telephony services. -(3) The board shall also separately post on its Internet Web site the individual rates for each of the following: -(A) Each of the Public Utilities Commission surcharges that make up the Public Utilities Commission surcharge portion of the prepaid MTS surcharge, as reported pursuant to Section 319 of the Public Utilities Code. -(B) The rate for the emergency telephone users surcharge reported pursuant to subdivision (d) of Section 41030. -(C) Each of the individual local charges reported pursuant to Section 42101.5. -(4) A seller collecting the prepaid MTS surcharge and local charges pursuant to this part and Part 21.1 (commencing with Section 42100) may rely upon the accuracy of the information posted on the board’s Internet Web site in collecting and remitting all amounts of the prepaid MTS surcharge and local charges. -(d) (1) Except for amounts retained pursuant to subdivision (e), and except as provided in subdivision (f) for a seller that is a direct seller, all amounts of the prepaid MTS surcharge and local charges collected by sellers shall be remitted to the board pursuant to Chapter 3 (commencing with Section 42020). -(2) A seller that is authorized to provide lifeline service under the state lifeline program or federal lifeline program, that sells prepaid mobile telephony services directly to the prepaid customer, shall remit the prepaid MTS surcharge to the board, less any applicable exemption from the surcharge that is applicable to the retail transaction pursuant to Section 42012. -(e) A seller that is not a direct seller shall be permitted to deduct and retain an amount equal to 2 percent of the amounts that are collected by the seller from prepaid consumers for the prepaid MTS surcharge and local charges, on a pro rata basis, according to that portion of the revenues collected by the seller for each of the following: -(1) The emergency telephone users surcharge. -(2) The Public Utilities Commission surcharges. -(3) Local charges. -(f) A direct seller shall remit the prepaid MTS surcharge and local charges as follows: -(1) That portion of the prepaid MTS surcharge that consists of the Public Utilities Commission surcharges shall be remitted to the commission with those reports required by the commission. The amounts remitted to the Public Utilities Commission pursuant to this paragraph shall be deposited into the respective universal service funds created pursuant to Chapter 1.5 (commencing with Section 270) of Part 1 of Division 1 of the Public Utilities Code and to the Public Utilities Commission Utilities Reimbursement Account described in Chapter 2.5 (commencing with Section 401) of Part 1 of Division 1 of the Public Utilities Code. -(2) That portion of the prepaid MTS surcharge that consists of the emergency telephone users surcharge shall be remitted to the board pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) for those retail transactions with a prepaid consumer in the state, with a return filed with the board using electronic media. The amount remitted to the board pursuant to this paragraph shall be deposited into the State Emergency Telephone Number Account in the General Fund. -(3) Local charges, if applicable, shall be remitted to the local jurisdiction or local agency imposing the local charge. Remittance of the local charges shall be separately identified from any other local taxes or other charges that are remitted to the local jurisdiction or local entity imposing the local tax or other charge. The amounts remitted to the local jurisdiction or local agency imposing the local charge pursuant to this paragraph shall be deposited into the respective local jurisdiction or local agency account. -(g) A direct seller shall utilize the amounts posted by the board pursuant to subdivision (c) when determining what amounts to remit to the Public Utilities Commission, the board, and each local jurisdiction or local agency. -(h) A prepaid MTS provider shall offer prepaid consumers the option to make payment for additional prepaid usage directly to the prepaid MTS provider at the provider’s retail location or Internet Web site. -(i) The amount of the combined prepaid MTS surcharge and local charges shall be separately stated on an invoice, receipt, or other similar document that is provided to the prepaid consumer of mobile telephony services by the seller, or otherwise disclosed electronically to the prepaid consumer, at the time of the retail transaction. -(j) The prepaid MTS surcharge that is required to be collected by a seller and any amount unreturned to the prepaid consumer of mobile telephony services that is not owed as part of the surcharge, but was collected from the prepaid consumer under the representation by the seller that it was owed as part of the surcharge, constitute debts owed by the seller to this state. The local charge that is required to be collected by a seller and any amounts unreturned to the prepaid consumer of mobile telephony services that are not owed as part of the local charge, but that were collected from the prepaid consumer under the representation by the seller that they were owed as part of the local charge, constitute debts owed by the seller jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing that local charge. -(k) A seller that has collected any amount of prepaid MTS surcharge and local charges in excess of the amount of the surcharge imposed by this part and actually due from a prepaid consumer may refund that amount to the prepaid consumer, even though the surcharge amount has already been paid over to the board and no corresponding credit or refund has yet been secured. Any seller making a refund of any charge to a prepaid consumer may repay therewith the amount of the surcharge paid. -(l) (1) Every prepaid consumer of mobile telephony services in this state is liable for the prepaid MTS surcharge and any local charges until they have been paid to this state, except that payment to a seller registered under this part relieves the prepaid consumer from further liability for the surcharge and local charges. Any surcharge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed to the state by the person required to collect and remit the surcharge. Any local charge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing the local charge by the person required to collect and remit the local charge. Nothing in this part shall impose any obligation upon a seller to take any legal action to enforce the collection of the surcharge or local charge imposed by this section. -(2) A credit shall be allowed against, but shall not exceed, the prepaid MTS surcharge and local charges imposed on any prepaid consumer of mobile telephony services by this part to the extent that the prepaid consumer has paid emergency telephone users charges, state utility regulatory commission fees, state universal service charges, or local charges on the purchase to any other state, political subdivision thereof, or the District of Columbia. The credit shall be apportioned to the charges against which it is allowed in proportion to the amounts of those charges. -(m) (1) A seller is relieved from liability to collect the prepaid MTS surcharge imposed by this part that became due and payable, insofar as the base upon which the surcharge is imposed is represented by accounts that have been found to be worthless and charged off for income tax purposes by the seller or, if the seller is not required to file income tax returns, charged off in accordance with generally accepted accounting principles. A seller that has previously paid the surcharge may, under rules and regulations prescribed by the board, take as a deduction on its return the amount found worthless and charged off by the seller. If any such accounts are thereafter in whole or in part collected by the seller, the amount so collected shall be included in the first return filed after such collection and the surcharge shall be paid with the return. -(2) The board may by regulation promulgate such other rules with respect to uncollected or worthless accounts as it shall deem necessary to the fair and efficient administration of this part. -SEC. 2. -Section 42014 of the Revenue and Taxation Code is amended to read: -42014. -(a) For purposes of this part, a retail transaction occurs in the state under any of the following circumstances: -(1) The prepaid consumer makes the retail transaction in person at a business location in the state (point-of-sale transaction). -(2) If paragraph (1) is not applicable, the prepaid consumer’s address is in the state (known-address transaction). A known-address transaction occurs in the state under any of the following circumstances: -(A) The retail sale involves shipping of an item to be delivered to, or picked up by, the prepaid consumer at a location in the state. -(B) If the prepaid consumer’s address is known by the seller to be in the state, including if the seller’s records maintained in the ordinary course of business indicate that the prepaid consumer’s address is in the state and the records are not made or kept in bad faith. -(C) The prepaid consumer provides an address during consummation of the retail transaction that is in the state, including an address provided with respect to the payment instrument if no other address is available and the address is not given in bad faith. -(3) If an address is not available to the seller to determine whether any of the circumstances in paragraph (2) exist, the transaction will be deemed to be a known-address transaction occurring in this state if the mobile telephone number is associated with a location in this state. -(b) (1) A retail transaction shall occur at only one location for purposes of determining local charges. If the retail transaction is a point-of-sale transaction, the consumption of, use of, or access to, the prepaid mobile telephony service shall be presumed to be at that location. -(2) If the retail transaction is a known-address transaction, the location shall be as determined in descending order beginning with subparagraph (A) of paragraph (2) of subdivision (a); if subparagraph (A) of that paragraph is inapplicable, then pursuant to subparagraph (B) of that paragraph; if both subparagraphs (A) and (B) of that paragraph are inapplicable, then subparagraph (C) of that paragraph; and if subparagraphs (A), (B), and (C) of that paragraph are inapplicable, then paragraph (3) of subdivision (a). In a known-address transaction, the consumption of, use of, or access to, the prepaid mobile telephony service shall be presumed to be at the known address. -(c) (1) A seller that relies in good faith on information provided by the board to match the location of a point-of-sale transaction to the applicable prepaid MTS surcharge amount and local charges, that collects that amount from the prepaid consumer, and that remits the amount to the board in compliance with this part, shall not be liable for any additional MTS surcharge or local charges and shall not be required to refund any amounts collected and paid to the board to the prepaid consumer. -(2) For a known-address transaction, the seller may collect the prepaid MTS surcharge and local charges that correspond to the five-digit postal ZIP Code of the prepaid consumer’s address. A seller that, with due diligence and in good faith, relies on credible information to match the five-digit postal ZIP Code of the prepaid consumer’s address to the applicable prepaid MTS surcharge and local charges amount, that collects that amount from the prepaid consumer, and that remits the amount to the board in compliance with this part, shall not be liable for any additional MTS surcharge or local charges and shall not be required to refund any amounts collected and paid to the board to the prepaid consumer, even if the five-digit postal ZIP Code of the prepaid consumer’s address that the seller uses corresponds to more than one local charge. -SEC. 3. -Section 42022 of the Revenue and Taxation Code is amended to read: -42022. -Every seller, except a seller that is not required to collect the prepaid MTS surcharge pursuant to Section 42010.7 and local charges pursuant to Section 42101.7, shall register with the board. Nothing in this section prevents a seller from registering with the board on a voluntary basis to collect and remit the surcharge even if the seller meets the de minimis sales threshold provided by Sections 42010.7 and 42101.7. The board shall establish a method for registration of sellers under this part that utilizes the existing registration process for a seller’s permit established pursuant to Section 6066 of the Sales and Use Tax Law (Part 1 (commencing with Section 6001)). Every application for registration shall be made upon a form prescribed by the board and shall set forth the name under which the applicant transacts or intends to transact business, the location of its place or places of business, and such other information as the board may require. An application for registration shall be authenticated in a form or pursuant to methods as may be prescribed by the board.","The Prepaid Mobile Telephony Services Surcharge Collection Act establishes a prepaid MTS surcharge, as defined, based upon a percentage of the sales price of each retail transaction that occurs in this state for prepaid mobile telephony services, as defined, that is imposed in lieu of any charges imposed pursuant to the Emergency Telephone Users Surcharge Act and specified Public Utility Commission surcharges. The act requires, on and after January 1, 2016, and before January 1, 2020, the prepaid MTS surcharge imposed by that act on a prepaid consumer to be collected by a seller, as defined, from each prepaid consumer at the time of each retail transaction that occurs in this state. The act specifies the circumstances for determining when a transaction occurs in the state. -This bill would make correct an erroneous cross-reference and make minor revisions in the requirements relative to imposition of the prepaid MTS surcharge and the circumstances for determining when a transaction occurs in the state. -The act requires every seller to register with the State Board of Equalization. The act, commencing January 1, 2017, exempts a seller, other than a direct seller, with de minimis sales of prepaid mobile telephony services of less than $15,000 during the previous calendar year from collecting the prepaid MTS surcharge, and requires the Department of Finance to annually review and adjust that de minimis sales threshold, as provided. -This bill would exempt from the registration requirement those sellers with de minimis sales of prepaid mobile telephony services, but would not prevent those sellers from registering with the board on a voluntary basis to collect and remit the surcharge.","An act to amend Sections 42010, 42014, and 42022 of the Revenue and Taxation Code, relating to telecommunications." -400,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The Isla Vista community encompasses a population of approximately 15,000 residents situated within approximately a half square mile of land in Santa Barbara County. It is adjacent to the University of California, Santa Barbara (UCSB) campus and its student population, of which approximately 8,000 students reside in university owned housing. Including university property, the area totals about 1,200 acres. Isla Vista represents one of the largest urban communities in California not governed as a city. -(b) Isla Vista faces various challenges in local governance. As a university community, Isla Vista must accommodate the service needs associated with its transient student population and a predominantly renter-oriented community while balancing the needs of local homeowners and long-term residents. Isla Vista’s situation is complicated by its unincorporated status, which limits its local participation in managing public services and providing needed public improvements. -(c) As an unincorporated area, various county agencies provide services to the residents and businesses of Isla Vista. Since these agencies must provide services throughout the whole county, Isla Vista must compete for attention and funding for the services they need. Isla Vista is represented at the county level by one of five supervisors and is situated in the largest and most diverse geographic supervisorial district in the county. -(d) The Isla Vista Recreation and Park District is the only local district providing limited services exclusively to Isla Vista. Due to its stewardship of protected wetlands and the coastline, as well as the dwindling amount of available open space, the Isla Vista Recreation and Park District should remain an independent district. -(e) There have been multiple attempts at achieving cityhood for Isla Vista; however, cityhood has been denied for a variety of reasons, including financial and political feasibility. In 2003, the Santa Barbara County Grand Jury found that establishing a community services district would be the best governance option to expand and improve services to Isla Vista; however, no action was taken by the community at that time. -(f) Over the last year, the Isla Vista community has been faced with many challenges due to tragic events, including multiple injuries from students falling off cliffs, multiple violent sexual assaults, riots, a mass murder, and homicides that have brought focus to the unique needs of Isla Vista that can only be addressed by direct, local governance. Following these events, a local coalition was formed to determine the best direction for Isla Vista self-governance and the community services district has garnered much local support. -(g) Additionally, following these events, many trustees on the UC Santa Barbara Foundation Board expressed a strong desire to support the chancellor and the university in efforts to create change in Isla Vista, to ensure a safer and more enhanced community for students. The UC Santa Barbara Foundation Trustees’ Advisory Committee on Isla Vista Strategies was formed to analyze the conditions and dynamics of Isla Vista and develop mid- and long-term recommendations to establish a viable, safe, and supportive environment. Among their recommendations is that the State of California create a Community Services District/Municipal Improvement District in Isla Vista with potential powers of infrastructure, utilities, garbage, police services, parks, recreation, cultural facilities, fire, security, and roads. -SEC. 2. -Part 4 (commencing with Section 61250) is added to Division 3 of Title 6 of the Government Code, to read: -PART 4. Isla Vista Community Services District -61250. -(a) Notwithstanding Chapter 2 (commencing with Section 61010) of Part 1, the Isla Vista Community Services District may be established in accordance with this part. All other provisions of this division shall apply to the Isla Vista Community Services District upon its establishment, except as provided in this part. -(b) (1) On or before January 5, 2016, the Board of Supervisors of the County of Santa Barbara shall file a resolution of application with the Santa Barbara County Local Agency Formation Commission, pursuant to subdivision (a) of Section 56654, to initiate a comprehensive review and recommendation of the formation of the district by the Santa Barbara County Local Agency Formation Commission. The board of supervisors shall pay any fees associated with the resolution of application. -(2) The Santa Barbara County Local Agency Formation Commission shall complete the review no later than 150 days following receipt of the completed resolution of application. Notwithstanding any other law, the Santa Barbara County Local Agency Formation Commission shall not have the power to disapprove the resolution of application. -(3) Notwithstanding any other law, the resolution of application filed by the board of supervisors pursuant to this subdivision shall not be subject to any protest proceedings. -(c) (1) The Santa Barbara County Local Agency Formation Commission shall order the formation of the district subject to a vote of the registered voters residing within the boundaries of the district, as those boundaries are set forth in subdivision (f), at an election following the completion of the review pursuant to subdivision (b). If a majority of voters within the boundaries of the district, as specified in subdivision (f), vote in favor of the district, the district shall be formed in accordance with this part. -(2) (A) The Santa Barbara Local Agency Formation Commission shall determine the appropriate rate of taxation for a utility user tax, applicable utilities to be taxed, and which services the district will be initially authorized to provide, pursuant to subdivision (d) and paragraph (5) of subdivision (g). The rate shall be no lower than 5 percent and no higher than 8 percent of the total cost of an individual’s service charge for the utility being taxed. -(B) The utility user tax shall only be applied to electricity, garbage disposal, gas, sewage, or water services. -(3) If the voters of the district do not vote to impose a utility user tax within the district on or before January 1, 2023, regardless of whether the establishment of the district is approved by the voters of the district, the district shall be dissolved as of that date. -(4) The Santa Barbara Local Agency Formation Commission shall direct the Santa Barbara County Board of Supervisors to direct county officials to conduct the necessary elections on behalf of the proposed district and place the items on the ballot including district approval, candidates for the district’s board, and the utility user tax pursuant to subparagraph (A) of paragraph (2) at the next countywide election, as provided in subdivision (f) of Section 61014. -(d) (1) The initial utility user tax imposed by the district shall only be used to fund the following services and powers of the district: -(A) Finance the operations of municipal advisory councils formed pursuant to Section 31010. -(B) Create a tenant mediation program. -(C) Finance the operations of area planning commissions formed pursuant to Section 65101. -(D) Exercise the powers of a parking district, in the same manner as a parking district formed pursuant to the Parking District Law of 1951 (Part 4 (commencing with Section 35100) of Division 18 of the Streets and Highways Code). -(E) Contract with the County of Santa Barbara or the Regents of the University of California, or both, for additional police protection services to supplement the level of police protection services already provided by either the County of Santa Barbara or the Regents of the University of California within the area of the district. -(F) Acquire, construct, improve, maintain, and operate community facilities, including, but not limited to, community centers, libraries, theaters, museums, cultural facilities, and child care facilities. -(G) Acquire, construct, improve, and maintain sidewalks, lighting, gutters, and trees to supplement the level of service already provided by either the County of Santa Barbara or County Service Area 31. The district shall not acquire, construct, improve, or maintain any work owned by another public agency unless that other public agency gives its written consent. -(H) Abate graffiti. -(2) This subdivision shall not be construed to limit the services that may be funded by a tax imposed at a later date. -(e) (1) Notwithstanding Chapter 1 (commencing with Section 61020), Chapter 2 (commencing with Section 61025), and Chapter 3 (commencing with Section 61040) of Part 2, the board of directors of the district shall be composed as follows: -(A) Five members elected at large from within the district as follows: -(i) Four members shall be elected for terms of four years. For the first election of the board of directors of the district, two members shall be elected for a term of two years and two members shall be elected for a term of four years. -(ii) One member shall be elected for a term of two years. -(B) One member appointed by the Board of Supervisors of the County of Santa Barbara for a term of two years for the first appointment following the creation of the district, and for a term of four years thereafter. -(C) One member appointed by the Chancellor of the University of California, Santa Barbara for a term of four years. -(2) (A) There shall be no limit on the number of terms any individual may serve on the board of directors of the district, whether that individual is appointed or elected. -(B) The qualification of candidates for the initial board of directors shall be conducted pursuant to the Uniform District Election Law (Part 4 (commencing with Section 10500) of the Elections Code). -(f) The boundaries of the district shall be contiguous with the area known as County Service Area No. 31 within the County of Santa Barbara and shall exclude any property owned by the Regents of the University of California within those boundaries. -(g) The district may, within its boundaries, do any of the following: -(1) Create a tenant mediation program. -(2) Exercise the powers of a parking district, in the same manner as a parking district formed pursuant to the Parking District Law of 1951 (Part 4 (commencing with Section 35100) of Division 18 of the Streets and Highways Code). -(3) Contract with the County of Santa Barbara or the Regents of the University of California, or both, for additional police protection services to supplement the level of police protection services already provided by either the County of Santa Barbara or the Regents of the University of California within the area of the district. -(4) Acquire, construct, improve, and maintain sidewalks, lighting, gutters, and trees to supplement the level of service provided by either the County of Santa Barbara or County Service Area 31. The district shall not acquire, construct, improve, or maintain any work owned by another public agency unless that other public agency gives its written consent. -(5) Levy a utility user tax proposed by resolution of the board of directors of the district and pursuant to approval by a two-thirds vote in accordance with Section 2 of Article XIII C of the California Constitution on the utilities of gas, water, electricity, sewer, or garbage disposal services. A utility user tax imposed by the district shall not apply to any utility provided by a telecommunications service provider. -(6) Contract with the County of Santa Barbara, the Santa Barbara County Department of Planning and Development’s Code Enforcement Program, or both, to provide Code Enforcement services to supplement the level of service provided by either the County of Santa Barbara or the Santa Barbara County Department of Planning and Development’s Code Enforcement Program, or both. This includes, but is not limited to, contracting for dedicated Zoning Enforcement services pursuant to Chapter 35 of the Santa Barbara County Code, or contracting for dedicated Building Enforcement services pursuant to Chapters 10 and 14 of the Santa Barbara County Code. These contracted services may be proactive or reactive in their enforcement, as specified by the individual contract. -(h) Following the creation of the district, the district may petition the Santa Barbara Local Agency Formation Commission pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5) to exercise new or different functions or classes of services listed in Section 61100, except those powers specified in subdivisions (e) and (f) of that section, in addition to those functions or services that were authorized at the time the district was created. -(i) The services provided by the district shall not supplant the level of services provided by the County of Santa Barbara, the Isla Vista Recreation and Park District, the University of California, Santa Barbara, or any other service provider. -(j) The district does not possess, and shall not exercise, the power of eminent domain. -(k) As used in this part, the term “district” means the Isla Vista Community Services District formed pursuant to this part. -(l) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5) shall not apply to the formation of the district pursuant to subdivisions (b) and (c), to the selection of functions or services that may be provided pursuant to subdivision (d), or to the selection of functions or services to be provided pursuant to subdivision (g) upon establishment of the district, except as specified in this part. The act shall apply to any other change of organization or reorganization as defined in that act, following the establishment of the district, including, but not limited to, the exercise of new or different functions or classes of services authorized pursuant to subdivision (g) or (h) that were not selected upon establishment of the district. -SEC. 3. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique community needs in the Isla Vista area that would be served by the Isla Vista Community Services District. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","The Community Services District Law authorizes the establishment of community services districts and specifies the powers of those districts including, among others, the power to acquire, construct, improve, maintain, and operate community facilities, as specified. Existing law authorizes the formation of the Isla Vista College Community Services District within the unincorporated area of Santa Barbara County known as Isla Vista for the performance of various services, including, but not limited, to public parks, police protection, and transportation facilities. -This bill would authorize the establishment of the Isla Vista Community Services District by requiring the Board of Supervisors of the County of Santa Barbara to submit a resolution of application to the Santa Barbara County Local Agency Formation Commission, and, upon direction by the commission, place the questions of whether the district should be established and whether a utility user tax should be imposed on the ballot at the next countywide election following the completion of the review by the commission. By imposing new duties on the County of Santa Barbara, this bill would impose a state-mandated local program. The bill would provide that if a utility user tax is not passed by the voters of the district on or before January 1, 2023, the district would be dissolved. The bill would set forth the board of directors of the district and would specify the services that district would be authorized to provide, including, among others, the power to create a tenant mediation program and to exercise the powers of a parking district. -This bill would make legislative findings and declarations as to the necessity of a special statute for the Isla Vista Community Services District. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Part 4 (commencing with Section 61250) to Division 3 of Title 6 of the Government Code, relating to local government." -401,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 82033 of the Government Code is amended to read: -82033. -“Interest in real property” includes any leasehold, beneficial or ownership interest, or an option to acquire such an interest in real property located in the jurisdiction owned directly, indirectly, or beneficially by the public official, or other filer, or his or her immediate family if the fair market value of the interest is ten thousand dollars ($10,000) or more. Interests in real property of an individual includes a pro rata share of interests in real property of any business entity or trust in which the individual or immediate family owns, directly, indirectly, or beneficially, a 10-percent interest or greater. -SEC. 2. -Section 82034 of the Government Code is amended to read: -82034. -“Investment” means any financial interest in, or security issued by, a business entity, including, but not limited to, common stock, preferred stock, rights, warrants, options, debt instruments, and any partnership or other ownership interest owned directly, indirectly, or beneficially by the public official, or other filer, or his or her immediate family, if the business entity or any parent, subsidiary, or otherwise related business entity has an interest in real property in the jurisdiction, does business or plans to do business in the jurisdiction, or has done business within the jurisdiction at any time during the two years before the time any statement or other action is required under this title. An asset shall not be deemed an investment unless its fair market value equals or exceeds five thousand dollars ($5,000). The term “investment” does not include a time or demand deposit in a financial institution, shares in a credit union, an insurance policy, interest in a diversified mutual fund registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a–1 et seq.) or in a common trust fund created pursuant to Section 1585 of the Financial Code, interest in a government defined-benefit pension plan, or a bond or other debt instrument issued by a government or government agency. Investments of an individual includes a pro rata share of investments of any business entity, mutual fund, or trust in which the individual or immediate family owns, directly, indirectly, or beneficially, a 10-percent interest or greater. The term “parent, subsidiary, or otherwise related business entity” shall be specifically defined by regulations of the commission. -SEC. 3. -Section 87103 of the Government Code is amended to read: -87103. -A public official has a financial interest in a decision within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family, or on any of the following: -(a) Any business entity in which the public official has a direct or indirect investment worth five thousand dollars ($5,000) or more. -(b) Any real property in which the public official has a direct or indirect interest worth ten thousand dollars ($10,000) or more. -(c) Any source of income, except gifts or loans by a commercial lending institution made in the regular course of business on terms available to the public without regard to official status, aggregating one thousand dollars ($1,000) or more in value provided to, promised to, or received by the public official within 12 months before the time when the decision is made. -(d) Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds a position of management. -(e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the public official within 12 months before the time when the decision is made. The amount of the value of gifts specified by this subdivision shall be adjusted biennially by the commission to equal the same amount determined by the commission pursuant to subdivision (f) of Section 89503. -For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a public official, by an agent on behalf of a public official, or by a business entity or trust in which the official, the official’s agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or greater. -SEC. 4. -Section 87206 of the Government Code is amended to read: -87206. -If an investment is required to be disclosed under this article, the statement shall contain all of the following: -(a) A statement of the nature of the investment. -(b) (1) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged. If a filer is required to report on his or her statement of economic interests a business entity investment in which the filer is a director, officer, partner, or trustee, except as provided in paragraph (2), the filer shall provide a thorough and detailed description of the business entity’s activities and disclose the names of all business partners who share a financial interest in the business entity, based on criteria established by the commission. -(2) A filer is not required to provide a thorough and detailed description of the business entity’s activities and is not required to disclose the names of all business partners who share a financial interest in the business entity if the business entity is publicly traded. -(c) A statement indicating which of the following represents the fair market value of the investment: -(1) At least five thousand dollars ($5,000) but not greater than ten thousand dollars ($10,000). -(2) Greater than ten thousand dollars ($10,000) but not greater than fifty thousand dollars ($50,000). -(3) Greater than fifty thousand dollars ($50,000) but not greater than one hundred thousand dollars ($100,000). -(4) Greater than one hundred thousand dollars ($100,000) but not greater than two hundred fifty thousand dollars ($250,000). -(5) Greater than two hundred fifty thousand dollars ($250,000) but not greater than five hundred thousand dollars ($500,000). -(6) Greater than five hundred thousand dollars ($500,000) but not greater than one million dollars ($1,000,000). -(7) Greater than one million dollars ($1,000,000) but not greater than two million dollars ($2,000,000). -(8) Greater than two million dollars ($2,000,000). -(d) In the case of a statement filed under Section 87203 or 87204, if the investment was partially or wholly acquired or disposed of during the period covered by the statement, the date of acquisition or disposal. -SEC. 5. -Section 87206.5 is added to the Government Code, to read: -87206.5. -(a) If an interest in real property is required to be disclosed under this article, the statement shall contain all of the following: -(1) A statement of the nature of the interest. -(2) The address or other precise location of the real property. -(3) A statement indicating which of the following represents the fair market value of the interest in real property: -(A) At least ten thousand dollars ($10,000) but not greater than one hundred thousand dollars ($100,000). -(B) Greater than one hundred thousand dollars ($100,000) but not greater than two hundred fifty thousand dollars ($250,000). -(C) Greater than two hundred fifty thousand dollars ($250,000) but not greater than five hundred thousand dollars ($500,000). -(D) Greater than five hundred thousand dollars ($500,000) but not greater than seven hundred fifty thousand dollars ($750,000). -(E) Greater than seven hundred fifty thousand dollars ($750,000) but not greater than one million dollars ($1,000,000). -(F) Greater than one million dollars ($1,000,000) but not greater than two million dollars ($2,000,000). -(G) Greater than two million dollars ($2,000,000). -(4) In the case of a statement filed under Section 87203 or 87204, if the interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the date of acquisition or disposal. -(b) For purposes of disclosure under this article, “interest in real property” does not include the principal residence of the filer or any other property that the filer uses exclusively as the personal residence of the filer. -SEC. 6. -Section 87207 of the Government Code is amended to read: -87207. -(a) Except as provided in subdivision (b), if income is required to be reported under this article, the statement shall contain all of the following: -(1) The name and address of each source of income aggregating one thousand dollars ($1,000) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. -(2) A statement indicating which of the following represents the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source: -(A) At least one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000). -(B) Greater than ten thousand dollars ($10,000) but not greater than fifty thousand dollars ($50,000). -(C) Greater than fifty thousand dollars ($50,000) but not greater than one hundred thousand dollars ($100,000). -(D) Greater than one hundred thousand dollars ($100,000) but not greater than two hundred fifty thousand dollars ($250,000). -(E) Greater than two hundred fifty thousand dollars ($250,000) but not greater than five hundred thousand dollars ($500,000). -(F) Greater than five hundred thousand dollars ($500,000). -(3) A description of the consideration, if any, for which the income was received. -(4) In the case of a gift, the amount and the date on which the gift was received. -(5) In the case of a loan, the annual interest rate, the security, if any, given for the loan, and the term of the loan. -(b) When the filer’s pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported under this article, the statement shall contain the following: -(1) (A) The name, address, and, except as provided in subparagraph (B), a thorough and detailed description of the business activity of the business entity based on criteria established by the commission. -(B) A filer is not required to provide a thorough and detailed description of the business activity of the business entity if the business entity is publicly traded. -(2) The name of every person from whom the business entity received payments if the filer’s pro rata share of gross receipts from that person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. -(c) When a payment, including an advance or reimbursement, for travel is required to be reported pursuant to this section, it may be reported on a separate travel reimbursement schedule, which shall be included in the filer’s statement of economic interests. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income. -SEC. 6.5. -Section 87207 of the Government Code is amended to read: -87207. -(a) Except as provided in subdivision (b), if income is required to be reported under this article, the statement shall contain all of the following: -(1) The name and address of each source of income aggregating one thousand dollars ($1,000) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. -(2) A statement indicating which of the following represents the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source: -(A) At least one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000). -(B) Greater than ten thousand dollars ($10,000) but not greater than fifty thousand dollars ($50,000). -(C) Greater than fifty thousand dollars ($50,000) but not greater than one hundred thousand dollars ($100,000). -(D) Greater than one hundred thousand dollars ($100,000) but not greater than two hundred fifty thousand dollars ($250,000). -(E) Greater than two hundred fifty thousand dollars ($250,000) but not greater than five hundred thousand dollars ($500,000). -(F) Greater than five hundred thousand dollars ($500,000). -(3) A description of the consideration, if any, for which the income was received. -(4) In the case of a gift, the amount and the date on which the gift was received, and the travel destination for purposes of a gift that is a travel payment, advance, or reimbursement. -(5) In the case of a loan, the annual interest rate, the security, if any, given for the loan, and the term of the loan. -(b) If the filer’s pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported under this article, the statement shall contain the following: -(1) (A) The name, address, and, except as provided in subparagraph (B), a thorough and detailed description of the business activity of the business entity based on criteria established by the commission. -(B) A filer is not required to provide a thorough and detailed description of the business activity of the business entity if the business entity is publicly traded. -(2) The name of every person from whom the business entity received payments if the filer’s pro rata share of gross receipts from that person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. -(c) If a payment, including an advance or reimbursement, for travel is required to be reported pursuant to this section, it may be reported on a separate travel reimbursement schedule, which shall be included in the filer’s statement of economic interests. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income. -SEC. 7. -Section 87211 is added to the Government Code, to read: -87211. -(a) A public official who holds an office specified in Section 87200 shall disclose on his or her statement of economic interests each governmental decision for which a financial interest resulted in the public official’s disqualification from making, participating in making, or in any way attempting to use his or her official position to influence that governmental decision pursuant to Section 87100 or, for a Member of the Legislature, Section 87102.5. The disclosure shall identify the governmental decision, the date that the governmental decision was made or considered, the financial interest that created the conflict of interest, and any other relevant information that the commission deems appropriate. -(b) The disclosures required by this section are in addition to any other required disclosures, including, but not limited to, the requirements of Section 87105. -SEC. 8. -Section 6.5 of this bill incorporates amendments to Section 87207 of the Government Code proposed by both this bill and Senate Bill 21. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 87207 of the Government Code, and (3) this bill is enacted after Senate Bill 21, in which case Section 6 of this bill shall not become operative. -SEC. 9. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 10. -The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.","(1) The Political Reform Act of 1974 prohibits a public official at any level of state or local government from making, participating in making, or in any way attempting to use his or her official position to influence a governmental decision in which the public official knows or has reason to know that he or she has a financial interest. A public official has a financial interest in a governmental decision if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on a business entity in which the public official has a direct or indirect investment worth $2,000 or more, real property in which the public official has a direct or indirect interest worth $2,000 or more, and sources of income aggregating $500 or more in value within 12 months before the time when the decision is made. -The Political Reform Act of 1974 requires persons holding specified public offices to file disclosures of investments, real property interests, and income within specified periods of assuming or leaving office, and annually while holding the office. The act requires the disclosures to include a statement indicating, within a specified value range, the fair market value of investments or interests in real property and the aggregate value of income received from a source. -This bill would increase the thresholds at which a public official has a disqualifying financial interest in sources of income from $500 to $1,000, in investments in business entities from $2,000 to $5,000, and in interests in real property from $2,000 to $10,000. -This bill would make conforming adjustments to the thresholds at which income, investments, and interests in real property must be disclosed on a public official’s statement of economic interests. The bill would also revise the dollar amounts associated with the value ranges for reporting the value of economic interests. -This bill would require certain public officials to disclose information on the official’s statement of economic interests relating to governmental decisions for which the public official had a disqualifying financial interest, as specified. -Existing law makes a knowing or willful violation of the act a misdemeanor and subjects offenders to criminal penalties. -By creating additional crimes, this bill would impose a state-mandated local program. -(2) This bill would incorporate additional changes to Section 87207 of the Government Code, proposed by SB 21, that would become operative only if SB 21 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last. -(3)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -(4)  The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a -2/3 -vote of each house and compliance with specified procedural requirements. -This bill would declare that it furthers the purposes of the act.","An act to amend Sections 82033, 82034, 87103, 87206, and 87207 of, and to add Sections 87206.5 and 87211 to, the Government Code, relating to the Political Reform Act of 1974." -402,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares the following: -(a) Nearly every worker in -the State of -California will at some time during the year need some time off from work to take care of his or her own health or the health of family members. -(b) Many workers in California do not have any paid sick days, or have an inadequate number of paid sick days, to care for their own health or the health of family members. -(c) Providers of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, do not qualify for the mandatory paid sick leave benefit that had been provided under Assembly Bill 1522, the Healthy Workplaces, Healthy Families Act of 2014. -(d) Providing workers time off to attend to their own health care and the health care of family members will ensure a healthier and more productive workforce in California. -(e) Paid sick days will have an enormously positive impact on the public health of Californians by allowing sick workers paid time off to care for themselves when ill, thus lessening their recovery time, reducing the likelihood of spreading illness to other members of the workforce, and increasing the likelihood that they seek care from a primary health care provider instead of costly emergency room services. -(f) Paid sick days will allow parents to provide personal care for their sick children. Parental care ensures children’s speedy recovery, prevents more serious illnesses, and improves children’s overall mental and physical health. -(g) Providing paid sick days is affordable for employers. -(h) Employers who provide paid sick days enjoy greater employee retention and reduce the likelihood of employees coming to work sick. Studies have shown that costs of decreased productivity caused by sick workers exceed the costs of employee absenteeism. -(i) Workers whose jobs involve significant contact with the public, such as providers of in-home support services, are very unlikely to have paid sick days. Often, these workers have no choice but to come to work when they are ill, thereby spreading illness to coworkers and customers. -(j) Domestic violence and sexual assault affect many persons without regard to age, race, national origin, sexual orientation, or socioeconomic status. -(k) Domestic violence is a crime that has a devastating effect on families, communities, and the workplace. It impacts productivity, effectiveness, absenteeism, and employee turnover in the workplace. The National Crime Survey estimates that 175,000 days of work each year are missed due to domestic violence. -(l) Survivors of domestic violence and sexual assault may be vulnerable at work when trying to end an abusive relationship because the workplace may be the only place where the perpetrator knows to contact the victim. Studies show that up to one-half of domestic violence victims experience job loss. Forty percent reported on-the-job harassment. Nearly 50 percent of sexual assault survivors lose their jobs or are forced to quit in the aftermath of the assaults. -(m) Affording survivors of domestic violence and sexual assault paid sick days is vital to their independence and recovery. -SEC. 2. -In enacting this act, it is the intent of the Legislature to do the following: -(a) Ensure that workers in California can address their own health needs and the health needs of their families by requiring employers to provide a minimum level of paid sick days including time for family care. -(b) Decrease public and private health care costs in California by enabling workers to seek early and routine medical care for themselves and their family members and to address domestic violence or sexual assault. -(c) Protect employees in California from losing their jobs while they use sick days to care for themselves or their families. -(d) Provide economic security to employees in California who take time off from work for reasons related to domestic violence or sexual assault. -(e) Safeguard the welfare, health, safety, and prosperity of the people of and visitors to California. -(f) Extend equal protection of paid sick leave benefits to providers of in-home supportive services. -SEC. 3. -Section 245.5 of the Labor Code, as added by Section 3 of Chapter 317 of the Statues of 2014, is amended to read: -245.5. -As used in this article: -(a) “Employee” does not include the following: -(1) An employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. -(2) An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, “employee in the construction industry” means an employee performing onsite work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades. -(3) A provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code. -(4) An individual employed by an air carrier as a flight deck or cabin crew member that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C. Sec. 181 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246. -(b) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. -(c) “Family member” means any of the following: -(1) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status. -(2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. -(3) A spouse. -(4) A registered domestic partner. -(5) A grandparent. -(6) A grandchild. -(7) A sibling. -(d) “Health care provider” has the same meaning as defined in paragraph (6) of subdivision (c) of Section 12945.2 of the Government Code. -(e) “Paid sick days” means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5. -(f) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed. -SEC. 4. -Section 245.5 is added to the Labor Code, to read: -245.5. -As used in this article: -(a) “Employee” does not include the following: -(1) An employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. -(2) An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, “employee in the construction industry” means an employee performing onsite work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades. -(3) An individual employed by an air carrier as a flight deck or cabin crew member that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C. Sec. 181 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246. -(b) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. -(c) “Family member” means any of the following: -(1) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status. -(2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. -(3) A spouse. -(4) A registered domestic partner. -(5) A grandparent. -(6) A grandchild. -(7) A sibling. -(d) “Health care provider” has the same meaning as defined in paragraph (6) of subdivision (c) of Section 12945.2 of the Government Code. -(e) “Paid sick days” means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5. -(f) This section shall become operative on July 1, 2016.","The Healthy Workplaces, Healthy Families Act of 2014 provides, among other things, that an employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days for prescribed purposes, to be accrued at a rate of no less than one hour for every 30 hours worked. Existing law provides that an employee under the act does not include a provider of in-home support services, as described. -This bill would revise the definition of an employee under the Healthy Workplaces, Healthy Families Act of 2014 to, as of July 1, 2016, include providers of in-home support services, as described.","An act to amend, repeal, and add Section 245.5 of the Labor Code, relating to employment." -403,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 3.6 (commencing with Section 11366) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: -CHAPTER 3.6. Regulatory Reform -Article 1. Findings and Declarations -11366. -The Legislature finds and declares all of the following: -(a) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500)) requires agencies and the Office of Administrative Law to review regulations to ensure their consistency with law and to consider impacts on the state’s economy and businesses, including small businesses. -(b) However, the act does not require agencies to individually review their regulations to identify overlapping, inconsistent, duplicative, or out-of-date regulations that may exist. -(c) At a time when the state’s economy is slowly recovering, unemployment and underemployment continue to affect all Californians, especially older workers and younger workers who received college degrees in the last seven years but are still awaiting their first great job, and with state government improving but in need of continued fiscal discipline, it is important that state agencies systematically undertake to identify, publicly review, and eliminate overlapping, inconsistent, duplicative, or out-of-date regulations, both to ensure they more efficiently implement and enforce laws and to reduce unnecessary and outdated rules and regulations. -Article 2. Definitions -11366.1. -For the purposes of this chapter, the following definitions shall apply: -(a) “State agency” means a state agency, as defined in Section 11000, except those state agencies or activities described in Section 11340.9. -(b) “Regulation” has the same meaning as provided in Section 11342.600. -Article 3. State Agency Duties -11366.2. -On or before January 1, 2018, each state agency shall do all of the following: -(a) Review all provisions of the California Code of Regulations -applicable to, or adopted by, -adopted by -that state agency. -(b) Identify any regulations that are duplicative, overlapping, inconsistent, or out of date. -(c) Adopt, amend, or repeal regulations to reconcile or eliminate any duplication, overlap, inconsistencies, or out-of-date provisions, and shall comply with the process specified in Article 5 (commencing with Section 11346) of Chapter 3.5, unless the addition, revision, or deletion is without regulatory effect and may be done pursuant to Section 100 of Title 1 of the California Code of Regulations. -(d) Hold at least one noticed public hearing, -that -which -shall be noticed on the Internet Web site of the state agency, for the purposes of accepting public comment on proposed revisions to its regulations. -(e) Notify the appropriate policy and fiscal committees of each house of the Legislature of the revisions to regulations that the state agency proposes to make at least 30 days prior to initiating the process under Article 5 (commencing with Section 11346) of Chapter 3.5 or Section 100 of Title 1 of the California Code of Regulations. -(g) (1) Report to the Governor and the Legislature on the state agency’s compliance with this chapter, including the number and content of regulations the state agency identifies as duplicative, overlapping, inconsistent, or out of date, and the state agency’s actions to address those regulations. -(2) The report shall be submitted in compliance with Section 9795 of the Government Code. -11366.3. -(a) On or before January 1, 2018, each agency listed in Section 12800 shall notify a department, board, or other unit within that agency of any existing regulations adopted by that department, board, or other unit that the agency has determined may be duplicative, overlapping, or inconsistent with a regulation adopted by another department, board, or other unit within that agency. -(b) A department, board, or other unit within an agency shall notify that agency of revisions to regulations that it proposes to make at least 90 days prior to a noticed public hearing pursuant to subdivision (d) of Section 11366.2 and at least 90 days prior to adoption, amendment, or repeal of the regulations pursuant to subdivision (c) of Section 11366.2. The agency shall review the proposed regulations and make recommendations to the department, board, or other unit within 30 days of receiving the notification regarding any duplicative, overlapping, or inconsistent regulation of another department, board, or other unit within the agency. -11366.4. -An agency listed in Section 12800 shall notify a state agency of any existing regulations adopted by that agency that may duplicate, overlap, or be inconsistent with the state agency’s regulations. -11366.45. -This chapter shall not be construed to weaken or undermine in any manner any human health, public or worker rights, public welfare, environmental, or other protection established under statute. This chapter shall not be construed to affect the authority or requirement for an agency to adopt regulations as provided by statute. Rather, it is the intent of the Legislature to ensure that state agencies focus more efficiently and directly on their duties as prescribed by law so as to use scarce public dollars more efficiently to implement the law, while achieving equal or improved economic and public benefits. -Article 4. Chapter Repeal -11366.5. -This chapter shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.","Existing law authorizes various state entities to adopt, amend, or repeal regulations for various specified purposes. The Administrative Procedure Act requires the Office of Administrative Law and a state agency proposing to adopt, amend, or repeal a regulation to review the proposed changes for, among other things, consistency with existing state regulations. -This bill would, until January 1, 2019, require each state agency to, on or before January 1, 2018, review that agency’s regulations, identify any regulations that are duplicative, overlapping, inconsistent, or out of date, to revise those identified regulations, as provided, and report to the Legislature and Governor, as specified.","An act to add and repeal Chapter 3.6 (commencing with Section 11366) of Part 1 of Division 3 of Title 2 of the Government Code, relating to state agency regulations." -404,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 76140 of the Education Code is amended to read: -76140. -(a) A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), or (4), and shall exempt from all of the fee any person described in paragraph (5) or (6): -(1) All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis. -(2) Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis. -(3) (A) A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 2005–06 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue his or her attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina. -(B) The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible. -(C) This paragraph shall apply only to the 2005–06 academic year. -(4) A special part-time student admitted pursuant to Section 76001. -(5) A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements: -(A) Demonstrates a financial need for the exemption. -(B) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of his or her parent or guardian. -(C) Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B). -(D) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California. -(E) Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate his or her secondary school attendance. -(F) Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that he or she intends to establish residency in California as soon as possible. -(6) A nonresident student who is a covered individual as defined -pursuant to -in -Section 702 of the federal Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146), as it read on July 1, 2015, who is using, or is intending to use, GI Bill education benefits while living in California and enrolled at a community -college. -college on or after July 1, 2015. -As used in this paragraph, “GI Bill education benefits” refers to any education benefit administered by the United States Department of Veterans Affairs pursuant to Title 38 of the United States Code that is designed to help eligible veterans of the Armed Forces of the United States or other persons eligible for those benefits because of a relationship to a veteran of the Armed Forces of the United States to cover the costs associated with enrollment as a community college student. -(b) A district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident student’s tuition fee. -(c) Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee may not be charged. -(d) The nonresident tuition fee shall be set by the governing board of each community college district not later than February 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district. -(e) (1) The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following: -(A) The amount that was expended by the district for the expense of education as defined by the California Community College Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the district’s preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the district’s total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district. -(B) The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts. -(C) An amount not to exceed the fee established by the governing board of any contiguous district. -(D) An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B). -(E) An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency. -(2) The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 2009–10 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment. -(f) The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends. -(g) Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding. -(h) Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students. -(i) Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students. -(j) The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order for the nonresident tuition exemption authorized by this act to be in effect for the 2015–16 academic year, it is necessary that this act take effect immediately.","(1) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public higher education in the state. Existing law generally requires community college districts to charge a tuition fee to nonresident students, but exempts specified community college students from paying that nonresident tuition fee. -This bill would additionally exempt nonresident students living in California and enrolled at a community -college -college, as specified, -who are covered individuals, as defined in a specified federal statute, using, or are intending to use, Federal GI Bill education benefits, as specified, to cover the costs associated with enrollment as a community college student. -This bill would authorize community college districts to report students exempted from nonresident tuition under this bill as resident full-time equivalent students for purposes of calculating apportionments to those districts. -To the extent that this bill would place additional requirements on community college districts regarding the provision of postsecondary education benefits to certain students, the bill would impose a state-mandated local program. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -(3) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 76140 of the Education Code, relating to public postsecondary education, and declaring the urgency thereof, to take effect immediately." -405,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 52.5 of the Civil Code is amended to read: -52.5. -(a) A victim of human trafficking, as defined in Section 236.1 of the Penal Code, may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. A prevailing plaintiff may also be awarded attorney’s fees and costs. -(b) In addition to the remedies specified in this section, in an action under subdivision (a), the plaintiff may be awarded up to three times his or her actual damages or ten thousand dollars ($10,000), whichever is greater. In addition, punitive damages may also be awarded upon proof of the defendant’s malice, oppression, fraud, or duress in committing the act of human trafficking. -(c) An action brought pursuant to this section shall be commenced within seven years of the date on which the trafficking victim was freed from the trafficking situation or, if the victim was a minor when the act of human trafficking against the victim occurred, within 10 years after the date the plaintiff attains the age of majority. -(d) If a person entitled to sue is under a disability at the time the cause of action accrues so that it is impossible or impracticable for him or her to bring an action, the time of the disability is not part of the time limited for the commencement of the action. Disability will toll the running of the statute of limitations for this action. -(1) Disability includes being a minor, lacking legal capacity to make decisions, imprisonment, or other incapacity or incompetence. -(2) The statute of limitations shall not run against a plaintiff who is a minor or who lacks the legal competence to make decisions simply because a guardian ad litem has been appointed. A guardian ad litem’s failure to bring a plaintiff’s action within the applicable limitation period will not prejudice the plaintiff’s right to do so after his or her disability ceases. -(3) A defendant is estopped from asserting a defense of the statute of limitations when the expiration of the statute is due to conduct by the defendant inducing the plaintiff to delay the filing of the action, or due to threats made by the defendant causing duress upon the plaintiff. -(4) The suspension of the statute of limitations due to disability, lack of knowledge, or estoppel applies to all other related claims arising out of the trafficking situation. -(5) The running of the statute of limitations is postponed during the pendency of criminal proceedings against the victim. -(e) The running of the statute of limitations may be suspended if a person entitled to sue could not have reasonably discovered the cause of action due to circumstances resulting from the trafficking situation, such as psychological trauma, cultural and linguistic isolation, and the inability to access services. -(f) A prevailing plaintiff may also be awarded reasonable attorney’s fees and litigation costs including, but not limited to, expert witness fees and expenses as part of the costs. -(g) Restitution paid by the defendant to the victim shall be credited against a judgment, award, or settlement obtained pursuant to an action under this section. A judgment, award, or settlement obtained pursuant to an action under this section shall be subject to Section 13963 of the Government Code. -(h) A civil action filed under this section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim. As used in this section, a “criminal action” includes investigation and prosecution, and is pending until a final adjudication in the trial court or dismissal. -SEC. 2. -Section 354.8 is added to the Code of Civil Procedure, to read: -354.8. -(a) Notwithstanding any other law, including, but not limited to Section 335.1, the following actions shall be commenced within 10 years: -(1) An action for assault, battery, or both, where the conduct constituting the assault or battery would also constitute any of the following: -(A) An act of torture, as described in Section 206 of the Penal Code. -(B) An act of genocide, as described in Section 1091(a) of Title 18 of the United States Code. -(C) A war crime, as defined in Section 2441 of Title 18 of the United States Code. -(D) An attempted extrajudicial killing, as defined in Section 3(a) of Public Law 102-256. -(E) (i) Crimes against humanity. -(ii) For purposes of this paragraph, “crimes against humanity” means any of the following acts as part of a widespread or systematic attack directed against a civil population, with knowledge of the attack: -(I) Murder. -(II) Extermination. -(III) Enslavement. -(IV) Forcible transfer of population. -(V) Arbitrary detention. -(VI) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity. -(VII) Persecution on political, race, national, ethnic, cultural, religious, or gender grounds. -(VIII) Enforced disappearance of persons. -(IX) Other inhuman acts of similar character intentionally causing great suffering, serious bodily injury, or serious mental injury. -(2) An action for wrongful death, where the death arises out of conduct constituting any of the acts described in paragraph (1), or where the death would constitute an extrajudicial killing, as defined in Section 3(a) of Public Law 102-256. -(3) An action for the taking of property in violation of international law, in which either of the following apply: -(A) That property, or any property exchanged for such property, is present in the United States in connection with a commercial activity carried on in the United States by a foreign state. -(B) That property, or any property exchanged for such property, is owned or operated by an agency or instrumentality of a foreign state and that agency or instrumentality is engaged in a commercial activity in the United States. -(4) An action seeking benefits under an insurance policy where the insurance claim arises out of any of the conduct described in paragraphs (1) to (3), inclusive. -(b) An action brought under this section shall not be dismissed for failure to comply with any previously applicable statute of limitations. -(c) Section 361 shall not apply to an action brought pursuant to this section if all or part of the unlawful act or acts out of which the action arises occurred in this state. -(d) A prevailing plaintiff may be awarded reasonable attorney’s fees and litigation costs including, but not limited to, expert witness fees and expenses as part of the costs. -(e) This section shall apply to all actions commenced concerning an act described in paragraphs (1) to (4), inclusive, of subdivision (a), that occurs on or after January 1, 2016. -(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law requires a civil action brought by a victim of human trafficking, as defined, to be commenced within 5 years of the date on which the trafficking victim was freed from the trafficking situation or, if the victim was a minor when the act of human trafficking against the victim occurred, within 8 years after the date the plaintiff attains the age of majority. -This bill would require a civil action for human trafficking, as defined, to be commenced within 7 years of the date on which the trafficking victim was freed from the trafficking situation or, if the victim was a minor when the act of human trafficking against the victim occurred, within 10 years after the date the plaintiff attains the age of majority. -Existing law requires a civil action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another to be commenced with 2 years. -This bill would require (1) a civil action for assault, battery, or wrongful death, when the conduct would also constitute torture, genocide, a war crime, an attempted extrajudicial killing, or a crime against humanity, as defined, (2) a civil action for the taking of property in violation of international law, as defined, or (3) a civil action seeking benefits under an insurance policy, where the insurance claim arises out of any of the conduct specified above, to be commenced within 10 years. The bill would authorize a prevailing plaintiff to recover reasonable attorney’s fees and litigation costs. The bill would provide that the provisions are severable, as specified.","An act to amend Section 52.5 of the Civil Code, and to add Section 354.8 to the Code of Civil Procedure, relating to civil actions." -406,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11362.777 of the Health and Safety Code is amended to read: -11362.777. -(a) The Department of Food and Agriculture shall establish a Medical Cannabis Cultivation Program to be administered by the secretary and, except as specified in subdivision (c), shall administer this section as it pertains to the cultivation of medical marijuana. For purposes of this section and Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code, medical cannabis is an agricultural product. -(b) (1) A person or entity shall not cultivate medical marijuana without first obtaining both of the following: -(A) A license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur. -(B) A state license issued by the department pursuant to this section. -(2) A person or entity shall not submit an application for a state license issued by the department pursuant to this section unless that person or entity has received a license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur. -(3) A person or entity shall not submit an application for a state pursuant to this section shall notify the department in a manner prescribed by the secretary. -(3) A city, county, or city and county’s locally issued conditional permit requirements must be at least as stringent as the department’s state licensing requirements. -(d) (1) The secretary may prescribe, adopt, and enforce regulations relating to the implementation, administration, and enforcement of this part, including, but not limited to, applicant requirements, collections, reporting, refunds, and appeals. -(2) The secretary may prescribe, adopt, and enforce any emergency regulations as necessary to implement this part. Any emergency regulation prescribed, adopted, or enforced pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. -(3) The secretary may enter into a cooperative agreement with a county agricultural commissioner to carry out the provisions of this chapter, including, but not limited to, administration, investigations, inspections, licensing and assistance pertaining to the cultivation of medical marijuana. Compensation under the cooperative agreement shall be paid from assessments and fees collected and deposited pursuant to this chapter and shall provide reimbursement to the county agricultural commissioner for associated costs. -(e) (1) The department, in consultation with, but not limited to, the Bureau of Medical Marijuana Regulation, the State Water Resources Control Board, and the Department of Fish and Wildlife, shall implement a unique identification program for medical marijuana. In implementing the program, the department shall consider issues, including, but not limited to, water use and environmental impacts. In implementing the program, the department shall ensure that: -(A) Individual and cumulative effects of water diversion and discharge associated with cultivation do not affect the instream flows needed for fish spawning, migration, and rearing, and the flows needed to maintain natural flow variability. -(B) Cultivation will not negatively impact springs, riparian wetlands, and aquatic habitats. -(2) The department shall establish a program for the identification of permitted medical marijuana plants at a cultivation site during the cultivation period. The unique identifier shall be attached at the base of each plant. A unique identifier, such as, but not limited to, a zip tie, shall be issued for each medical marijuana plant. -(A) Unique identifiers will only be issued to those persons appropriately licensed by this section. -(B) Information associated with the assigned unique identifier and licensee shall be included in the trace and track program specified in Section 19335 of the Business and Professions Code. -(C) The department may charge a fee to cover the reasonable costs of issuing the unique identifier and monitoring, tracking, and inspecting each medical marijuana plant. -(D) The department may promulgate regulations to implement this section. -(3) The department shall take adequate steps to establish protections against fraudulent unique identifiers and limit illegal diversion of unique identifiers to unlicensed persons. -(f) (1) A city, county, or city and county that issues or denies licenses to cultivate medical marijuana pursuant to this section shall notify the department in a manner prescribed by the secretary. -(2) Unique identifiers and associated identifying information administered by a city or county shall adhere to the requirements set by the department and be the equivalent to those administered by the department. -(g) This section does not apply to a qualified patient cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 100 square feet and he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity. This section does not apply to a primary caregiver cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 500 square feet and he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 and does not receive remuneration for these activities, except for compensation provided in full compliance with subdivision (c) of Section 11362.765. For purposes of this section, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants on the premises. Exemption from the requirements of this section does not limit or prevent a city, county, or city and county from exercising its police authority under Section 7 of Article XI of the California Constitution. -SEC. 2. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -To allow local governments to protect the health of their citizens by regulating marijuana at the earliest possible date, it is necessary that this act take effect immediately.","Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law, enacted by the Legislature, provides for the licensing and regulation by both state and local entities of medical marijuana and its cultivation. Existing law provides that if a city, county, or city and county does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, commencing March 1, 2016, the Department of Food and Agriculture is the sole licensing authority for medical marijuana cultivation applicants in that city, county, or city and county. -This bill would delete the provision that grants the department the sole licensing authority under those circumstances. -Existing law exempts certain persons cultivating medical marijuana from the requirement to obtain both a state license from the Department of Food and Agriculture and a license, permit, or other entitlement allowing cultivation from the city, county, or city and county in which the cultivation will occur. Existing law authorizes a city, county, or city and county to regulate or ban the cultivation, storage, manufacture, transport, provision, or other activity by a person otherwise exempt from state regulation, or to enforce that regulation or ban. -This bill would instead provide that an exemption from these licensure requirements does not limit or prevent a city, county, or city and county from exercising its police power authority under a specified provision of the California Constitution. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 11362.777 of the Health and Safety Code, relating to medical marijuana, and declaring the urgency thereof, to take effect immediately." -407,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 5374 of the Public Utilities Code is amended to read: -5374. -(a) (1) Before a permit or certificate is issued or renewed, the commission shall require the applicant to establish reasonable fitness and financial responsibility to initiate and conduct or continue to conduct the proposed or existing transportation services. The commission shall not issue or renew a permit or certificate pursuant to this chapter unless the applicant meets all of the following requirements: -(A) It is financially and organizationally capable of conducting an operation that complies with the rules and regulations of the Department of the California Highway Patrol governing highway safety. -(B) It is committed to observing the hours of service regulations of state and, where applicable, federal law, for all persons, whether employees or subcarriers, operating vehicles in transportation for compensation under the certificate. -(C) It has a preventive maintenance program in effect for its vehicles used in transportation for compensation that conforms to regulations of the Department of the California Highway Patrol in Title 13 of the California Code of Regulations. -(D) It participates in the pull-notice system pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all persons, whether employees or subcarriers, operating vehicles used in transportation for compensation. -(E) It has a safety education and training program in effect for all employees or subcarriers operating vehicles used in transportation for compensation. -(F) It will maintain its vehicles used in transportation for compensation in a safe operating condition and in compliance with the Vehicle Code and with regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety. -(G) It has filed with the commission the certificate of workers’ compensation insurance coverage or statement required by Section 5378.1. -(H) It has provided the commission an address of an office or terminal where documents supporting the factual matters specified in the showing required by this subdivision may be inspected by the commission and the Department of the California Highway Patrol. -(I) It provides for a mandatory controlled substance and alcohol testing certification program as adopted by the commission pursuant to Section 1032.1. -(J) Subparagraphs (C), (F), and (H) do not apply to a charter-party carrier of passengers engaged in the provision of a hired driver service when a rented motor vehicle is being operated by the hired driver. -(2) With respect to subparagraphs (B) and (F) of paragraph (1), the commission may base a finding on a certification by the commission that an applicant has filed, with the commission, a sworn declaration of ability to comply and intent to comply. -(3) The commission may require, as a precondition to the issuance of a permit or certificate, the procurement of a performance bond sufficient to facilitate the collection of fines, penalties, and restitution related to enforcement actions that can be taken against the applicant. -(b) In addition to the requirements in subdivision (a), charter-party carriers shall meet all other state and, where applicable, federal regulations as prescribed. -(c) The commission may delegate to its executive director or that executive director’s designee the authority to issue, renew, or authorize the transfer of, charter-party carrier permits or certificates and to make the findings specified in subdivision (a) that are necessary to that delegated authority. -SEC. 2. -Section 5444 is added to the Public Utilities Code, to read: -5444. -(a) A transportation network company shall do all of the following: -(1) Participate in a pull-notice system pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all participating drivers. -(2) Provide for a mandatory controlled substance and alcohol testing certification program as adopted by the commission pursuant to Section 1032.1. -(3) Register any vehicle used in the transportation of passengers for compensation with the commission and display on the vehicle -a suitable decal with -an identifying symbol -issued -prescribed -by the -commission. -commission pursuant to Section 5385. -(b) Drivers hired or initially retained by a transportation network company on or after January 1, 2016, shall be subject to mandatory drug and alcohol testing prior to employment or retention. Drivers hired or initially retained before January 1, 2016, shall complete a drug and alcohol test before January 1, 2017. -SEC. 3. -Section 1808.1 of the Vehicle Code is amended to read: -1808.1. -(a) The prospective employer of a driver who drives a vehicle specified in subdivision (k) shall obtain a report showing the driver’s current public record as recorded by the department. For purposes of this subdivision, a report is current if it was issued less than 30 days prior to the date the employer employs the driver. The report shall be reviewed, signed, and dated by the employer and maintained at the employer’s place of business until receipt of the pull-notice system report pursuant to subdivisions (b) and (c). These reports shall be presented upon request to an authorized representative of the Department of the California Highway Patrol during regular business hours. -(b) The employer of a driver who drives a vehicle specified in subdivision (k) shall participate in a pull-notice system, which is a process for the purpose of providing the employer with a report showing the driver’s current public record as recorded by the department, and any subsequent convictions, failures to appear, accidents, driver’s license suspensions, driver’s license revocations, or any other actions taken against the driving privilege or certificate, added to the driver’s record while the employer’s notification request remains valid and uncanceled. As used in this section, participation in the pull-notice system means obtaining a requester code and enrolling all employed drivers who drive a vehicle specified in subdivision (k) under that requester code. -(c) The employer of a driver of a vehicle specified in subdivision (k) shall, additionally, obtain a periodic report from the department at least every 12 months. The employer shall verify that each employee’s driver’s license has not been suspended or revoked, the employee’s traffic violation point count, and whether the employee has been convicted of a violation of Section 23152 or 23153. The report shall be signed and dated by the employer and maintained at the employer’s principal place of business. The report shall be presented upon demand to an authorized representative of the Department of the California Highway Patrol during regular business hours. -(d) Upon the termination of a driver’s employment, the employer shall notify the department to discontinue the driver’s enrollment in the pull-notice system. -(e) For the purposes of the pull-notice system and periodic report process required by subdivisions (b) and (c), an owner, other than an owner-operator as defined in Section 34624, and an employer who drives a vehicle described in subdivision (k) shall be enrolled as if he or she were an employee. A family member and a volunteer driver who drives a vehicle described in subdivision (k) shall also be enrolled as if he or she were an employee. -(f) An employer who, after receiving a driving record pursuant to this section, employs or continues to employ as a driver a person against whom a disqualifying action has been taken regarding his or her driving privilege or required driver’s certificate, is guilty of a public offense, and upon conviction thereof, shall be punished by confinement in a county jail for not more than six months, by a fine of not more than one thousand dollars ($1,000), or by both that confinement and fine. -(g) As part of its inspection of bus maintenance facilities and terminals required at least once every 13 months pursuant to subdivision (c) of Section 34501, the Department of the California Highway Patrol shall determine whether each transit operator, as defined in Section 99210 of the Public Utilities Code, is then in compliance with this section and Section 12804.6, and shall certify each operator found to be in compliance. Funds shall not be allocated pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code to a transit operator that the Department of the California Highway Patrol has not certified pursuant to this section. -(h) (1) A request to participate in the pull-notice system established by this section shall be accompanied by a fee determined by the department to be sufficient to defray the entire actual cost to the department for the notification service. For the receipt of subsequent reports, the employer shall also be charged a fee established by the department pursuant to Section 1811. An employer who qualifies pursuant to Section 1812 shall be exempt from any fee required pursuant to this section. Failure to pay the fee shall result in automatic cancellation of the employer’s participation in the notification services. -(2) A regularly organized fire department, having official recognition of the city, county, city and county, or district in which the department is located, shall participate in the pull-notice program and shall not be subject to the fee established pursuant to this subdivision. -(3) The Board of Pilot Commissioners for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun, and its port agent shall participate in the pull-notice system established by this section, subject to Section 1178.5 of the Harbors and Navigation Code, and shall not be subject to the fees established pursuant to this subdivision. -(i) The department, as soon as feasible, may establish an automatic procedure to provide the periodic reports to an employer by mail or via an electronic delivery method, as required by subdivision (c), on a regular basis without the need for individual requests. -(j) (1) The employer of a driver who is employed as a casual driver is not required to enter that driver’s name in the pull-notice system, as otherwise required by subdivision (a). However, the employer of a casual driver shall be in possession of a report of the driver’s current public record as recorded by the department, prior to allowing a casual driver to drive a vehicle specified in subdivision (k). A report is current if it was issued less than six months prior to the date the employer employs the driver. -(2) For the purposes of this subdivision, a driver is employed as a casual driver when the employer has employed the driver less than 30 days during the preceding six months. “Casual driver” does not include a driver who operates a vehicle that requires a passenger transportation endorsement. -(k) This section applies to a vehicle for the operation of which the driver is required to have a class A or class B driver’s license, a class C license with a hazardous materials endorsement, a class C license issued pursuant to Section 12814.7, or a certificate issued pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, or a passenger vehicle having a seating capacity of not more than 10 persons, including the driver, operated for compensation by a charter-party carrier of passengers, transportation network company, or passenger stage corporation pursuant to a certificate of public convenience and necessity or a permit issued by the Public Utilities Commission. -(l) (1) For purposes of this section, the term “employer” or “prospective employer” includes a transportation network company whose permit or certificate, including any renewal of that permit or certificate, is subject to the requirements of Article 7 (commencing with Section 5430) of Chapter 8 of Division 2 of the Public Utilities Code. -(2) This section shall not be construed to change the definition of “employer,” “employee,” or “independent contractor” for any other purpose. -(m) A motor carrier who contracts with a person to drive a vehicle described in subdivision (k) that is owned by, or leased to, that motor carrier, shall be subject to subdivisions (a), (b), (c), (d), (f), (j), (k), and (l) and the employer obligations in those subdivisions. -(n) Reports issued pursuant to this section, but only those for a driver of a taxicab engaged in transportation services as described in subdivision (a) of Section 53075.5 of the Government Code, shall be presented upon request, during regular business hours, to an authorized representative of the administrative agency responsible for issuing permits to taxicab transportation services pursuant to Section 53075.5 of the Government Code. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Passenger Charter-party Carriers’ Act, with certain exceptions, prohibits a charter-party carrier of passengers from engaging in transportation services subject to regulation by the Public Utilities Commission without obtaining a specified certificate or permit, as appropriate, from the commission, and imposes various other requirements. Existing law requires, as a condition to obtaining a certificate or permit, that the applicant, among other things, participate in a program to regularly check the driving records of all vehicle operators and provide a mandatory controlled substance and alcohol testing certification program. A violation of the act is generally a misdemeanor. Existing law defines a transportation network company as an organization, whether a corporation, partnership, sole proprietor, or other form, operating in California that provides prearranged transportation services for compensation using an online-enabled platform to connect passengers with drivers using their personal vehicles. -This bill would prohibit the commission from issuing or renewing a permit or certificate to a charter-party carrier of passengers unless the applicant, in addition to existing requirements, participates in the Department of Motor -Vehicles -Vehicles -’ -pull-notice system. This bill would specifically require a transportation network company to comply with this provision and to provide for a mandatory controlled substance and alcohol testing certification program. The bill would also require a transportation network company to register any vehicle used in the transportation of passengers for compensation with the commission and display an identifying -decal issued -symbol prescribed -by the commission on the vehicle. -The bill would require that drivers hired or initially retained by a transportation network company on or after January 1, 2016, be subject to mandatory drug and alcohol testing prior to employment or retention and that drivers hired or initially retained before January 1, 2016, complete a drug and alcohol test before January 1, 2017. -Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 5374 of, and to add Section 5444 to, the Public Utilities Code, and to amend Section 1808.1 of the Vehicle Code, relating to transportation." -408,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 69432.7 of the Education Code, as amended by Section 2 of Chapter 667 of the Statutes of 2014, is amended to read: -69432.7. -As used in this chapter, the following terms have the following meanings: -(a) An “academic year” is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included. -(b) “Access costs” means living expenses and expenses for transportation, supplies, and books. -(c) “Award year” means one academic year, or the equivalent, of attendance at a qualifying institution. -(d) “College grade point average” and “community college grade point average” mean a grade point average calculated on the basis of all college work completed, except for nontransferable units and courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree. -(e) “Commission” means the Student Aid Commission. -(f) “Enrollment status” means part- or full-time status. -(1) “Part time,” for purposes of Cal Grant eligibility, means 6 to 11 semester units, inclusive, or the equivalent. -(2) “Full time,” for purposes of Cal Grant eligibility, means 12 or more semester units or the equivalent. -(g) “Expected family contribution,” with respect to an applicant, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission. -(h) “High school grade point average” means a grade point average calculated on a 4.0 scale, using all academic coursework, for the sophomore year, the summer following the sophomore year, the junior year, and the summer following the junior year, excluding physical education, Reserve Officers’ Training Corps (ROTC), and remedial courses, and computed pursuant to regulations of the commission. However, for high school graduates who apply after their senior year, “high school grade point average” includes senior year coursework. -(i) “Instructional program of not less than one academic year” means a program of study that results in the award of an associate or baccalaureate degree or certificate requiring at least 24 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program. -(j) “Instructional program of not less than two academic years” means a program of study that results in the award of an associate or baccalaureate degree requiring at least 48 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program. -(k) (1) “Maximum household income and asset levels” means the applicable household income and household asset levels for participants, including new applicants and renewing recipients, in the Cal Grant Program, as defined and adopted in regulations by the commission for the 2001–02 academic year, which shall be set pursuant to the following income and asset ceiling amounts: - - -CAL GRANT PROGRAM INCOME CEILINGS - -Cal Grant A, -C, and T -Cal Grant B -Dependent and Independent students with dependents* -Family Size -Six or more -$74,100 -$40,700 -Five -$68,700 -$37,700 -Four -$64,100 -$33,700 -Three -$59,000 -$30,300 -Two -$57,600 -$26,900 - -Independent - - -Single, no dependents -$23,500 -$23,500 -Married -$26,900 -$26,900 -*Applies to independent students with dependents other than a -spouse. -CAL GRANT PROGRAM ASSET CEILINGS - -Cal Grant A, -C, and T -Cal Grant B - -Dependent** _____ _____ - -$49,600 - -$49,600 -Independent _____ _____ -$23,600 -$23,600 -**Applies to independent students with dependents other than a -spouse. -(2) The commission shall annually adjust the maximum household income and asset levels based on the percentage change in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII B of the California Constitution. The maximum household income and asset levels applicable to a renewing recipient shall be the greater of the adjusted maximum household income and asset levels or the maximum household income and asset levels at the time of the renewing recipient’s initial Cal Grant award. For a recipient who was initially awarded a Cal Grant for an academic year before the 2011–12 academic year, the maximum household income and asset levels shall be the greater of the adjusted maximum household income and asset levels or the 2010–11 academic year maximum household income and asset levels. An applicant or renewal recipient who qualifies to be considered under the simplified needs test established by federal law for student assistance shall be presumed to meet the asset level test under this section. Before disbursing any Cal Grant funds, a qualifying institution shall be obligated, under the terms of its institutional participation agreement with the commission, to resolve any conflicts that may exist in the data the institution possesses relating to that individual. -(l) (1) “Qualifying institution” means an institution that complies with paragraphs (2) and (3) and is any of the following: -(A) A California private or independent postsecondary educational institution that participates in the Pell Grant Program and in at least two of the following federal student aid programs: -(i) Federal Work-Study Program. -(ii) Federal Stafford Loan Program. -(iii) Federal Supplemental Educational Opportunity Grant Program. -(B) A nonprofit institution headquartered and operating in California that certifies to the commission that 10 percent of the institution’s operating budget, as demonstrated in an audited financial statement, is expended for purposes of institutionally funded student financial aid in the form of grants, that demonstrates to the commission that it has the administrative capacity to administer the funds, that is accredited by the Western Association of Schools and Colleges, and that meets any other state-required criteria adopted by regulation by the commission in consultation with the Department of Finance. A regionally accredited institution that was deemed qualified by the commission to participate in the Cal Grant Program for the 2000–01 academic year shall retain its eligibility as long as it maintains its existing accreditation status. -(C) A California public postsecondary educational institution. -(2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the Internet Web site of a California licensing or regulatory agency. For purposes of this paragraph, “provide” may exclusively include placement of an Internet Web site address labeled as an access point for the data on the passage rates of recent program graduates on the Internet Web site where enrollment information is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students. -(B) The institution shall be responsible for certifying to the commission compliance with the requirements of subparagraph (A). -(3) (A) The commission shall certify by November 1 of each year the institution’s latest official three-year cohort default rate and graduation rate as most recently reported by the United States Department of Education. For purposes of this section, the graduation rate is the percentage of full-time, first-time degree or certificate-seeking undergraduate students who graduate in 150 percent or less of the expected time to complete degree requirements as most recently reported publicly in any format, including preliminary data records, by the United States Department of Education. -(B) For purposes of the 2011–12 academic year, an otherwise qualifying institution with a three-year cohort default rate reported by the United States Department of Education that is equal to or greater than 24.6 percent shall be ineligible for initial and renewal Cal Grant awards at the institution. -(C) For purposes of the 2012–13 academic year, and every academic year thereafter, an otherwise qualifying institution with a three-year cohort default rate that is equal to or greater than 15.5 percent, as certified by the commission on October 1, 2011, and every year thereafter, shall be ineligible for initial and renewal Cal Grant awards at the institution. -(D) (i) An otherwise qualifying institution that becomes ineligible under this paragraph for initial and renewal Cal Grant awards shall regain its eligibility for the academic year for which it satisfies the requirements established in subparagraph (B), (C), or (F), as applicable. -(ii) If the United States Department of Education corrects or revises an institution’s three-year cohort default rate or graduation rate that originally failed to satisfy the requirements established in subparagraph (B), (C), or (F), as applicable, and the correction or revision results in the institution’s three-year cohort default rate or graduation rate satisfying those requirements, that institution shall immediately regain its eligibility for the academic year to which the corrected or revised three-year cohort default rate or graduation rate would have been applied. -(E) An otherwise qualifying institution for which no three-year cohort default rate or graduation rate has been reported by the United States Department of Education shall be provisionally eligible to participate in the Cal Grant Program until a three-year cohort default rate or graduation rate has been reported for the institution by the United States Department of Education. -(F) For purposes of the 2012–13 academic year, and every academic year thereafter, an otherwise qualifying institution with a graduation rate of 30 percent or less, as certified by the commission pursuant to subparagraph (A), shall be ineligible for initial and renewal Cal Grant awards at the institution, except as provided for in subparagraph (H). -(G) Notwithstanding any other law, the requirements of this paragraph shall not apply to institutions with 40 percent or less of undergraduate students borrowing federal student loans, using information reported to the United States Department of Education for the academic year two years before the academic year in which the commission is certifying the three-year cohort default rate or graduation rate pursuant to subparagraph (A). -(H) Notwithstanding subparagraph (F), an otherwise qualifying institution that maintains a three-year cohort default rate that is less than 15.5 percent and a graduation rate above 20 percent for students taking 150 percent or less of the expected time to complete degree requirements, as certified by the commission pursuant to subparagraph (A), shall be eligible for initial and renewal Cal Grant awards at the institution through the 2016–17 academic year. -(I) The commission shall do all of the following: -(i) Notify initial Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards under subparagraph (C) or (F) that the institution is ineligible for initial Cal Grant awards for the academic year for which the student received an initial Cal Grant award. -(ii) Notify renewal Cal Grant recipients attending an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) that the student’s Cal Grant award will be reduced by 20 percent, or eliminated, as appropriate, if the student attends the ineligible institution in an academic year in which the institution is ineligible. -(iii) Provide initial and renewal Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) with a complete list of all California postsecondary educational institutions at which the student would be eligible to receive an unreduced Cal Grant award. -(iv) (I)   Establish an appeal process for an otherwise qualifying institution that fails to satisfy the three-year cohort default rate and graduation rate requirements in subparagraphs (C) and (F), respectively. -(II) The commission may grant an appeal for an academic year only if the commission has determined the institution has a cohort size of 20 individuals or less and the cohort is not representative of the overall institutional performance. -(m) “Satisfactory academic progress” means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. The commission may adopt regulations defining “satisfactory academic progress” in a manner that is consistent with those federal standards.","The Cal Grant Program establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. -Existing law requires the commission to certify by November 1 of each year a qualifying institution’s latest 3-year cohort default rate and graduation rate as most recently reported by the United States Department of Education. Existing law provides that an otherwise qualifying institution with a 3-year cohort default rate that is equal to or greater than 15.5% is ineligible for initial and renewal Cal Grant awards at the institution. Existing law provides that an otherwise qualifying institution is ineligible for an initial or renewal Cal Grant award at the institution if the institution has a graduation rate of 30% or less for students taking 150% or less of the expected time to complete degree requirements, as specified, with certain exceptions. -This bill would require the commission to establish an appeal process for an otherwise qualifying institution that fails to satisfy the 3-year cohort default rate and graduation rate requirements and would authorize the commission to grant the appeal for an academic year only if the commission makes a specified determination.","An act to amend Section 69432.7 of the Education Code, relating to financial aid." -409,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19322 of the Business and Professions Code is amended to read: -19322. -(a) A person shall not submit an application for a state license issued by a licensing authority pursuant to this chapter unless that person has received a license, permit, or authorization from the local jurisdiction. An applicant for any type of state license issued pursuant to this chapter shall do all of the following: -(1) Electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and arrests, and information as to the existence and content of a record of state or federal convictions and arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance, pending trial or appeal. -(A) The Department of Justice shall provide a response to the licensing authority pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code. -(B) The licensing authority shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for applicants. -(C) The Department of Justice shall charge the applicant a fee sufficient to cover the reasonable cost of processing the requests described in this paragraph. -(2) Provide documentation issued by the local jurisdiction in which the proposed business is operating certifying that the applicant is or will be in compliance with all local ordinances and regulations. -(3) Provide evidence of the legal right to occupy and use the proposed location. For an applicant seeking a cultivator, distributor, manufacturing, testing, transporter, or dispensary license, provide a statement from the owner of real property or their agent where the cultivation, distribution, manufacturing, testing, transport, or dispensing of commercial medical cannabis activities will occur, as proof to demonstrate the landowner has acknowledged and consented to permit cultivation, distribution, manufacturing, testing, transport, or dispensary activities to be conducted on the property by the tenant applicant. -(4) If the application is for a cultivator or a dispensary, provide evidence that the proposed location is located beyond at least a 600-foot radius from a school, as required by Section 11362.768 of the Health and Safety Code. -(5) Provide a statement, signed by the applicant under penalty of perjury, that the information provided is complete, true, and accurate. -(6) (A) For an applicant with 20 or more employees, provide a statement that the applicant will enter into, or demonstrate that it has already entered into, and abide by the terms of a labor peace agreement. -(B) For the purposes of this paragraph, “employee” does not include a supervisor. -(C) For purposes of this paragraph, “supervisor” means an individual having authority, in the interest of the licensee, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment. -(7) Provide the applicant’s valid seller’s permit number issued pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code or indicate that the applicant is currently applying for a seller’s permit. -(8) Provide any other information required by the licensing authority. -(9) For an applicant seeking a cultivation license, provide a statement declaring the applicant is an “agricultural employer,” as defined in the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code), to the extent not prohibited by law. -(10) Pay all applicable fees required for licensure by the licensing authority. -(11) Provide proof of a bond to cover the costs of destruction of medical cannabis or medical cannabis products if necessitated by a violation of licensing requirements. -(b) For applicants seeking licensure to cultivate, distribute, manufacture, test, or dispense medical cannabis or medical cannabis products, the application shall also include a detailed description of the applicant’s operating procedures for all of the following, as required by the licensing authority: -(1) Cultivation. -(2) Extraction and infusion methods. -(3) The transportation process. -(4) Inventory procedures. -(5) Quality control procedures. -(6) Security protocols. -(c) On and after July 1, 2018, an applicant with 20 or more employees shall attest on the application that the applicant will implement an employee training program approved by the licensing authority within one year of licensure, pursuant to Section 19326.5. -SEC. 2. -Section 19323 of the Business and Professions Code is amended to read: -19323. -(a) A licensing authority shall deny an application if the applicant or the premises for which a state license is applied does not qualify for licensure under this chapter or the rules and regulations for the state license. -(b) A licensing authority may deny an application for licensure or renewal of a state license, or issue a conditional license, if any of the following conditions apply: -(1) Failure to comply with the provisions of this chapter or any rule or regulation adopted pursuant to this chapter, including, but not limited to, any requirement imposed to protect natural resources, instream flow, and water quality pursuant to subdivision (a) of Section 19332. -(2) Conduct that constitutes grounds for denial of licensure pursuant to Chapter 2 (commencing with Section 480) of Division 1.5. -(3) The applicant has failed to provide information required by the licensing authority. -(4) The applicant or licensee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the licensing authority determines that the applicant or licensee is otherwise suitable to be issued a license and granting the license would not compromise public safety, the licensing authority shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant or licensee to be issued a license based on the evidence found through the review. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the licensing authority shall include, but not be limited to, the following: -(A) A felony conviction for the illegal possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance. -(B) A violent felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code. -(C) A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code. -(D) A felony conviction involving fraud, deceit, or embezzlement. -(5) The applicant, or any of its officers, directors, or owners, is a licensed physician making patient recommendations for medical cannabis pursuant to Section 11362.7 of the Health and Safety Code. -(6) The applicant or any of its officers, directors, or owners has been subject to fines or penalties for cultivation or production of a controlled substance on public or private lands pursuant to Section 12025 or 12025.1 of the Fish and Game Code. -(7) The applicant, or any of its officers, directors, or owners, has been sanctioned by a licensing authority or a city, county, or city and county for unlicensed commercial cannabis activities or has had a license revoked under this chapter in the three years immediately preceding the date the application is filed with the licensing authority. -(8) Failure to obtain and maintain a valid seller’s permit required pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code. -(9) The applicant or any of its officers, directors, owners, employees, or authorized agents have failed to comply with any operating procedure required pursuant to subdivision (b) of Section 19322. -(10) Conduct that constitutes grounds for disciplinary action pursuant to this chapter. -(c) On and after July 1, 2018, the licensing authority shall deny an application of an applicant with 20 or more employees unless the applicant attests on the application that the applicant will implement an employee training program approved by the licensing authority within one year of licensure, pursuant to Section 19326.5. -SEC. 3. -Section 19326.5 is added to the Business and Professions Code, to read: -19326.5. -(a) A licensee shall implement an employee training program to educate, inform, and train the licensee’s employees on compliance with this chapter. A licensee may employ or contract with a third-party provider to provide the employee training program. An employee training program shall include, but is not limited to, training on applicable statutory requirements, industry best practices, occupational health and safety standards, and workplace protections. -(b) (1) Each licensing authority shall adopt standards for the approval of employee training programs. Those standards shall prohibit approval of an employee training program provided by or through an apprenticeship program approved by the Chief of the Division of Apprenticeship Standards. -Those standards shall also prohibit employee training programs provided by licensees except when a licensee provides a training program to its own employees. -(2) A licensing authority may approve a workplace training organization as a third-party provider of an employee training program. For purposes of this paragraph, a “workplace training organization” is a labor union organization representing wage earners or salaried employees for mutual aid and protection and for dealing collectively with cannabis employers. A licensing authority shall not be limited to approving workplace training organizations as third-party providers of employee training -programs. -programs -; however, a licensing authority shall not approve a third-party provider of an employee training program if the provider is a licensee, except as provided in paragraph (1). -(c) A licensing authority shall revoke the license of any licensee with 20 or more employees that fails to implement an employee training program as required by this section within one year of licensure. -(d) Each licensing authority shall charge a fee for approving an employee training program. Revenues collected pursuant to this subdivision shall be deposited in the appropriate fee account within the Medical -Marijuana -Cannabis -Regulation and Safety Act Fund established pursuant to Section -19350. -19351. -Total fees assessed shall not exceed the reasonable regulatory costs. Each licensing authority may adjust fees as needed, but no more than once per year, to generate sufficient revenue to cover the costs of employee training program approval. -(e) This section shall become operative on July 1, 2018. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law, the Medical -Marijuana -Cannabis -Regulation and Safety Act -(MMRSA), -(MCRSA), -enacted by the Legislature, establishes within the Department of Consumer Affairs the Bureau of Medical -Marijuana -Cannabis -Regulation, and provides for the state licensure and regulation of certain commercial -medical marijuana -cannabis -activities by the -Department of Consumer Affairs, -bureau, -the Department of Food and Agriculture, or the State Department of Public Health, as specified. -MMRSA -MCRSA -requires an applicant for state licensure to provide specified information and a statement, signed by the applicant under penalty of perjury, that the information is complete, true, and accurate. -MMRSA -MCRSA -authorizes a state licensing authority to deny an application -if specified conditions are met, -or issue a conditional license under certain conditions, -and requires a state licensee, among other things, to obtain applicable local licenses prior to commencing commercial cannabis activity and to keep accurate records of commercial cannabis activity. -This bill would require a licensee to implement, as specified, an employee training program for the licensee’s employees regarding compliance with -MMRSA, -MCRSA, -as specified. The bill would require an applicant with 20 or more employees to attest on the application that the applicant will implement an employee training program approved by the licensing authority within one year of licensure, as specified, thereby modifying the crime of perjury and imposing a state-mandated local program. The bill would require the licensing authority to deny an application of an applicant with 20 or more employees unless the applicant makes the above-mentioned attestation on the application. The bill would require each licensing authority to adopt standards for the approval of employee training programs. The bill would prohibit the licensing authority from approving a program provided by or through certain apprenticeship -programs. -programs and programs provided by a licensee under MCRSA, except as specified. -The bill would authorize the licensing authority to approve a workplace training organization, as defined, as a 3rd-party provider. The bill would require each licensing authority to charge a fee for approving an employee training program, as specified. The bill would require that the fees collected be deposited in the appropriate account within the Medical -Marijuana -Cannabis -Regulation and Safety Act Fund. The bill would authorize each licensing authority to adjust fees as needed once a year to cover the costs of employee training program approval. The bill would make these provisions operative on July 1, 2018. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 19322 and 19323 of, and to add Section 19326.5 to, the Business and Professions Code, relating to medical cannabis." -410,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 502 of the Penal Code is amended to read: -502. -(a) It is the intent of the Legislature in enacting this section to expand the degree of protection afforded to individuals, businesses, and governmental agencies from tampering, interference, damage, and unauthorized access to lawfully created computer data and computer systems. The Legislature finds and declares that the proliferation of computer technology has resulted in a concomitant proliferation of computer crime and other forms of unauthorized access to computers, computer systems, and computer data. -The Legislature further finds and declares that protection of the integrity of all types and forms of lawfully created computers, computer systems, and computer data is vital to the protection of the privacy of individuals as well as to the well-being of financial institutions, business concerns, governmental agencies, and others within this state that lawfully utilize those computers, computer systems, and data. -(b) For the purposes of this section, the following terms have the following meanings: -(1) “Access” means to gain entry to, instruct, cause input to, cause output from, cause data processing with, or communicate with, the logical, arithmetical, or memory function resources of a computer, computer system, or computer network. -(2) “Computer network” means any system that provides communications between one or more computer systems and input/output devices, including, but not limited to, display terminals, remote systems, mobile devices, and printers connected by telecommunication facilities. -(3) “Computer program or software” means a set of instructions or statements, and related data, that when executed in actual or modified form, cause a computer, computer system, or computer network to perform specified functions. -(4) “Computer services” includes, but is not limited to, computer time, data processing, or storage functions, Internet services, electronic mail services, electronic message services, or other uses of a computer, computer system, or computer network. -(5) “Computer system” means a device or collection of devices, including support devices and excluding calculators that are not programmable and capable of being used in conjunction with external files, one or more of which contain computer programs, electronic instructions, input data, and output data, that performs functions, including, but not limited to, logic, arithmetic, data storage and retrieval, communication, and control. -(6) “Government computer system” means any computer system, or part thereof, that is owned, operated, or used by any federal, state, or local governmental entity. -(7) “Public safety infrastructure computer system” means any computer system, or part thereof, that is necessary for the health and safety of the public including computer systems owned, operated, or used by drinking water and wastewater treatment facilities, hospitals, emergency service providers, telecommunication companies, and gas and electric utility companies. -(8) “Data” means a representation of information, knowledge, facts, concepts, computer software, or computer programs or instructions. Data may be in any form, in storage media, or as stored in the memory of the computer or in transit or presented on a display device. -(9) “Supporting documentation” includes, but is not limited to, all information, in any form, pertaining to the design, construction, classification, implementation, use, or modification of a computer, computer system, computer network, computer program, or computer software, which information is not generally available to the public and is necessary for the operation of a computer, computer system, computer network, computer program, or computer software. -(10) “Injury” means any alteration, deletion, damage, or destruction of a computer system, computer network, computer program, or data caused by the access, or the denial of access to legitimate users of a computer system, network, or program. -(11) “Victim expenditure” means any expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program, or data was or was not altered, deleted, damaged, or destroyed by the access. -(12) “Computer contaminant” means any set of computer instructions that are designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information. They include, but are not limited to, a group of computer instructions commonly called viruses or worms, that are self-replicating or self-propagating and are designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network. -(13) “Internet domain name” means a globally unique, hierarchical reference to an Internet host or service, assigned through centralized Internet naming authorities, comprising a series of character strings separated by periods, with the rightmost character string specifying the top of the hierarchy. -(14) “Electronic mail” means an electronic message or computer file that is transmitted between two or more telecommunications devices; computers; computer networks, regardless of whether the network is a local, regional, or global network; or electronic devices capable of receiving electronic messages, regardless of whether the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval. -(15) “Profile” means either of the following: -(A) A configuration of user data required by a computer so that the user may access programs or services and have the desired functionality on that computer. -(B) An Internet Web site user’s personal page or section of a page that is made up of data, in text or graphical form, that displays significant, unique, or identifying information, including, but not limited to, listing acquaintances, interests, associations, activities, or personal statements. -(c) Except as provided in subdivision (h), any person who commits any of the following acts is guilty of a public offense: -(1) Knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either (A) devise or execute any scheme or artifice to defraud, deceive, or extort, or (B) wrongfully control or obtain money, property, or data. -(2) Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network. -(3) Knowingly and without permission uses or causes to be used computer services. -(4) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a computer, computer system, or computer network. -(5) Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system, or computer network. -(6) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or computer network in violation of this section. -(7) Knowingly and without permission accesses or causes to be accessed any computer, computer system, or computer network. -(8) Knowingly introduces any computer contaminant into any computer, computer system, or computer network. -(9) Knowingly and without permission uses the Internet domain name or profile of another individual, corporation, or entity in connection with the sending of one or more electronic mail messages or posts and thereby damages or causes damage to a computer, computer data, computer system, or computer network. -(10) Knowingly and without permission disrupts or causes the disruption of government computer services or denies or causes the denial of government computer services to an authorized user of a government computer, computer system, or computer network. -(11) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a public safety infrastructure computer system computer, computer system, or computer network. -(12) Knowingly and without permission disrupts or causes the disruption of public safety infrastructure computer system computer services or denies or causes the denial of computer services to an authorized user of a public safety infrastructure computer system computer, computer system, or computer network. -(13) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or public safety infrastructure computer system computer, computer system, or computer network in violation of this section. -(14) Knowingly introduces any computer contaminant into any public safety infrastructure computer system computer, computer system, or computer network. -(d) (1) Any person who violates any of the provisions of paragraph (1), (2), (4), (5), (10), (11), or (12) of subdivision (c) is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years and a fine not exceeding ten thousand dollars ($10,000), or a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. -(2) Any person who violates paragraph (3) of subdivision (c) is punishable as follows: -(A) For the first violation that does not result in injury, and where the value of the computer services used does not exceed nine hundred fifty dollars ($950), by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. -(B) For any violation that results in a victim expenditure in an amount greater than five thousand dollars ($5,000) or in an injury, or if the value of the computer services used exceeds nine hundred fifty dollars ($950), or for any second or subsequent violation, by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. -(3) Any person who violates paragraph (6), (7), or (13) of subdivision (c) is punishable as follows: -(A) For a first violation that does not result in injury, an infraction punishable by a fine not exceeding one thousand dollars ($1,000). -(B) For any violation that results in a victim expenditure in an amount not greater than five thousand dollars ($5,000), or for a second or subsequent violation, by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. -(C) For any violation that results in a victim expenditure in an amount greater than five thousand dollars ($5,000), by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. -(4) Any person who violates paragraph (8) or (14) of subdivision (c) is punishable as follows: -(A) For a first violation that does not result in injury, a misdemeanor punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. -(B) For any violation that results in injury, or for a second or subsequent violation, by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment. -(5) Any person who violates paragraph (9) of subdivision (c) is punishable as follows: -(A) For a first violation that does not result in injury, an infraction punishable by a fine not exceeding one thousand dollars ($1,000). -(B) For any violation that results in injury, or for a second or subsequent violation, by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. -(e) (1) In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer program, or data who suffers damage or loss by reason of a violation of any of the provisions of subdivision (c) may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief. Compensatory damages shall include any expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program, or data was or was not altered, damaged, or deleted by the access. For the purposes of actions authorized by this subdivision, the conduct of an unemancipated minor shall be imputed to the parent or legal guardian having control or custody of the minor, pursuant to the provisions of Section 1714.1 of the Civil Code. -(2) In any action brought pursuant to this subdivision the court may award reasonable attorney’s fees. -(3) A community college, state university, or academic institution accredited in this state is required to include computer-related crimes as a specific violation of college or university student conduct policies and regulations that may subject a student to disciplinary sanctions up to and including dismissal from the academic institution. This paragraph shall not apply to the University of California unless the Board of Regents adopts a resolution to that effect. -(4) In any action brought pursuant to this subdivision for a willful violation of the provisions of subdivision (c), where it is proved by clear and convincing evidence that a defendant has been guilty of oppression, fraud, or malice as defined in subdivision (c) of Section 3294 of the Civil Code, the court may additionally award punitive or exemplary damages. -(5) No action may be brought pursuant to this subdivision unless it is initiated within three years of the date of the act complained of, or the date of the discovery of the damage, whichever is later. -(f) This section shall not be construed to preclude the applicability of any other provision of the criminal law of this state which applies or may apply to any transaction, nor shall it make illegal any employee labor relations activities that are within the scope and protection of state or federal labor laws. -(g) Any computer, computer system, computer network, or any software or data, owned by the defendant, that is used during the commission of any public offense described in subdivision (c) or any computer, owned by the defendant, which is used as a repository for the storage of software or data illegally obtained in violation of subdivision (c) shall be subject to forfeiture, as specified in Section 502.01. -(h) (1) Subdivision (c) does not apply to punish any acts which are committed by a person within the scope of his or her lawful employment. For purposes of this section, a person acts within the scope of his or her employment when he or she performs acts which are reasonably necessary to the performance of his or her work assignment. -(2) Paragraph (3) of subdivision (c) does not apply to penalize any acts committed by a person acting outside of his or her lawful employment, provided that the employee’s activities do not cause an injury, to the employer or another, or provided that the value of supplies or computer services which are used does not exceed an accumulated total of two hundred fifty dollars ($250). -(i) No activity exempted from prosecution under paragraph (2) of subdivision (h) which incidentally violates paragraph (2), (4), or (7) of subdivision (c) shall be prosecuted under those paragraphs. -(j) For purposes of bringing a civil or a criminal action under this section, a person who causes, by any means, the access of a computer, computer system, or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system, or computer network in each jurisdiction. -(k) In determining the terms and conditions applicable to a person convicted of a violation of this section the court shall consider the following: -(1) The court shall consider prohibitions on access to and use of computers. -(2) Except as otherwise required by law, the court shall consider alternate sentencing, including community service, if the defendant shows remorse and recognition of the wrongdoing, and an inclination not to repeat the offense.","Existing law establishes various crimes relating to computer services and systems, including to knowingly and without permission disrupt or cause the disruption of computer services including government computer services or public safety infrastructure computer system computer services, add, alter, damage, delete, or destroy any computer data, software, or program, introduce a computer contaminant, use the Internet domain name or profile of another. Existing law makes a violation of these provisions punishable by specified fines or terms of imprisonment, or by both those fines and imprisonment. -This bill would clarify the criminal penalties for specified computer crimes by making a person who violates those provisions guilty of a felony, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years and a fine not exceeding $10,000, or a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $5,000, or by both that fine and imprisonment.","An act to amend Section 502 of the Penal Code, relating to computer crimes." -411,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 54141 of the Government Code is amended to read: -54141. -As used in this article: -(a) “Local agency” means county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission, or agency thereof, or other local public agency. -(b) “United States” includes any department, board, or agency thereof. -(c) “State” includes any department or agency thereof. -(d) “Legislative body” means a legislative body as defined in Section 54952. -(e) (1) “Surplus military equipment” means equipment made available to a local agency pursuant to Section 2576a of Title 10 of the United States Code. -(2) “Tactical surplus military equipment” means surplus military equipment identified on the list developed and maintained by the state coordinator pursuant to subdivision (e) of Section 54145. -(f) “State coordinator” means the state agency that has signed a current memorandum of agreement with the federal Defense Logistics Agency for the purpose of administering a state program for acquiring surplus military equipment. -SEC. 2. -Section 54145 is added to the Government Code, to read: -54145. -(a) A local agency, other than a local law enforcement agency that is directly under the control of an elected officer, shall not apply to receive tactical surplus military equipment unless the legislative body of the local agency approves the acquisition of tactical surplus military equipment by ordinance or resolution, pursuant to subdivision (b), at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950)). -(b) The legislative body of a local agency may adopt an ordinance or resolution authorizing the local law enforcement agency in that jurisdiction to apply for tactical surplus military equipment. The ordinance or resolution shall comply with both of the following requirements: -(1) The ordinance shall include a list of the types of tactical surplus military equipment that the legislative body authorizes the local law enforcement agency to acquire. -(2) The legislative body shall review the ordinance or resolution at least annually. During the review, the legislative body shall vote on whether to renew the ordinance or resolution authorizing the acquisition of tactical surplus military equipment. If the legislative body does not approve a renewal pursuant to this paragraph, the authorization shall expire. -(c) This section shall not be construed to require the legislative body of a local agency to approve the acquisition of each individual item of tactical surplus military equipment, unless specified by the ordinance or resolution adopted pursuant to subdivision (b). -(d) The Legislature finds and declares that this section constitutes a matter of statewide concern, and shall apply to charter cities and charter counties. The provisions of this section shall supersede any inconsistent provisions in the charter of any city, county, or city and county. -(e) (1) The state coordinator, by January 31, 2016, shall develop a list of tactical surplus military equipment. The list shall identify surplus military equipment that warrants public input pursuant to this article. The state coordinator shall post this list on its Internet Web site and update it at least annually. -(2) In developing the list required by this subdivision, the state coordinator shall consider the current list of controlled property designated by the federal Defense Logistics Agency, as well as any other state or federal regulations or policies governing the use of surplus military equipment. -(3) The list required by this subdivision shall include, at minimum, the following types of equipment: -(A) Weapons. -(B) Armored vehicles. -(C) Watercraft. -(D) Aircraft. -(E) Other tactical equipment as determined by the state coordinator. -(f) Notwithstanding any other law, a local agency shall not apply to receive the following types of surplus military equipment: -(1) Tracked armored vehicles. -(2) Weaponized vehicles. -(3) Firearms of .50 caliber or greater. -(4) Ammunition of .50 caliber or greater. -(5) Grenade launchers. -(6) Bayonets. -(7) Camouflage uniforms. -SEC. 3. -The Legislature finds and declares that Section 2 of this act, which adds Section 54145 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: -Requiring local agencies to hold public meetings prior to the acquisition of federal surplus military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII   B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, delivery of purchases before payment, or prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency. -This bill would prohibit a local agency, other than a local law enforcement agency that is directly under the control of an elected officer, from applying to receive tactical surplus military equipment, as defined, pursuant to the above-described federal law unless the legislative body of the local agency approves the acquisition by ordinance or resolution at a regular public meeting. The bill would require the ordinance or resolution to include a list of the types of tactical surplus military equipment and would require the legislative body to review the ordinance at least annually, as specified. The bill would prohibit a local agency from applying to receive specified types of equipment. The bill would also declare that this is a matter of statewide concern. -The bill would also require the state agency that has signed a current memorandum of agreement with the Defense Logistics Agency for the purpose of administering a state program for acquiring surplus military equipment to develop a list of tactical surplus military equipment by January 31, 2016, as specified, and post the list on its Internet Web site. -By adding to the duties of local government officials, this bill would impose a state-mandated local program. -The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. -This bill would make legislative findings to that effect. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 54141 of, and to add Section 54145 to, the Government Code, relating to local government." -412,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 1.5 (commencing with Section 19905) is added to Chapter 11 of Part 11 of Division 1 of Title 1 of the Education Code, to read: -Article 1.5. 3D Printer Use -19905. -(a) Every public library that provides public access to a 3D printer shall post a notice prepared pursuant to subdivision (b) on or near the 3D printer. -(b) (1) The Department of Justice shall prepare and distribute to a public library that provides public access to a 3D printer a notice that would alert users of the 3D printer of the potential liability of the user for misuse of the 3D printer. The notice shall do all of the following: -(A) Provide citations to the applicable state and federal laws that may impose civil liability or criminal penalties for misuse of a 3D printer, including laws regarding copyright infringement and trademark and patent protection. -(B) Describe the potential damages for liability and criminal penalties that may apply for a violation of these laws. -(C) Alert users of the 3D printer that it is the responsibility of the user to be aware of and abide by the laws that may apply to the use of a 3D printer. -(2) The notice shall appear in 14-point type and not exceed two 8 inch by 11.5 inch pages in length. -(3) The Department of Justice shall annually review and revise the notice to reflect updates to the applicable laws. -(4) For purposes of this section, a “3D printer” means a machine or other device that manufactures or produces solid objects by depositing layers of material, including, but not limited to, plastic, pursuant to instructions that are stored and displayed in an electronic format as a digital model. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SECTION 1. -Section 6254.31 is added to the -Government Code -, to read: -6254.31. -(a)Notwithstanding any provision of this chapter, images, footage, or data obtained through the use of an unmanned aircraft system pursuant to Title 14 (commencing with Section 14350) of Part 4 of the Penal Code, or any related record, including, but not limited to, usage logs or logs that identify any person or entity that subsequently obtains or requests records of that system, are public records subject to disclosure. -(b)Notwithstanding subdivision (a), nothing in this chapter or any other law requires the disclosure of images, footage, or data obtained through the use of an unmanned aircraft system, or any related record, including, but not limited to, usage logs or logs that identify any person or entity that subsequently obtains or requests records of that system, to the extent that disclosure of the images, footage, data, or records would endanger the safety of a person involved in an investigation, or would endanger the successful completion of the investigation. -SEC. 2. -Title 14 (commencing with Section 14350) is added to Part 4 of the -Penal Code -, to read: -14. -UNMANNED AIRCRAFT SYSTEMS -14350. -(a)A public agency shall not use an unmanned aircraft system, or contract for the use of an unmanned aircraft system, except as provided in this title. This title shall apply to all public and private entities when contracting with a public agency for the use of an unmanned aircraft system. -(b)A law enforcement agency may use an unmanned aircraft system if it has obtained a warrant based on probable cause pursuant to this code. -(c)A law enforcement agency, without obtaining a warrant, may use an unmanned aircraft system in all of the following circumstances: -(1)In emergency situations if there is an imminent threat to life or of great bodily harm, including, but not limited to, fires, hostage crises, “hot pursuit” situations if reasonably necessary to prevent harm to law enforcement officers or others, and search and rescue operations on land or water. -(2)To assess the necessity of first responders in situations relating to traffic accidents. -(3)(A)To inspect state parks and wilderness areas for illegal vegetation or fires. -(B)For purposes of this paragraph, “wilderness areas” means public lands without permanent improvements or human habitation. -(4)To determine the appropriate response to an imminent or existing environmental emergency or disaster, including, but not limited to, oils spills or chemical spills. -(d)A public agency other than a law enforcement agency may use an unmanned aircraft system, or contract for the use of an unmanned aircraft system, to achieve the core mission of the agency provided that the purpose is unrelated to the gathering of criminal intelligence. -(e)A public agency that is not primarily a law enforcement agency, but that employs peace officers or performs functions related to criminal investigations, may use an unmanned aircraft system without obtaining a warrant to achieve the core mission of the agency provided that the purpose is unrelated to the gathering of criminal intelligence, and that the images, footage, or data are not used for any purpose other than that for which it was collected. -14351. -A public agency that uses an unmanned aircraft system, or contracts for the use of an unmanned aircraft system, pursuant to this title shall first provide reasonable notice to the public. Reasonable notice shall, at a minimum, consist of a one-time announcement regarding the agency’s intent to deploy unmanned aircraft system technology and a description of the technology’s capabilities. -14352. -(a)(1)(A)Except as permitted by this title, images, footage, or data obtained by a public agency, or any entity contracting with a public agency, pursuant to this title shall not be disseminated to a law enforcement agency unless the law enforcement agency has obtained a warrant for the images, footage, or data based on probable cause pursuant to this code, or the law enforcement agency would not have been required to obtain a warrant to collect the images, footage, or data itself, as specified in Section 14350. -(B)A public agency that is not primarily a law enforcement agency, but that employs peace officers or performs functions related to criminal investigations, may disseminate images, footage, or data collected pursuant to Section 14350 if the dissemination is to others within that agency. -(2)Except as permitted by this title, images, footage, or data obtained by a public agency, or any entity contracting with a public agency, through the use of an unmanned aircraft system shall not be disseminated outside the collecting public agency, unless one of the following circumstances applies: -(A)Images, footage, or data obtained by a public agency through the use of an unmanned aircraft system may be disseminated to another public agency that is not a law enforcement agency if the images, footage, or data are related to the core mission of both public agencies involved in the sending or receiving of the images, footage, or data. -(B)Images, footage, or data obtained by a public agency through the use of an unmanned aircraft system may be disseminated outside the collecting public agency if the images, footage, or data are evidence in any claim filed or any pending litigation. -(C)Images, footage, or data obtained by a public agency through the use of an unmanned aircraft system may be disseminated to a private entity if both of the following conditions are satisfied: -(i)The collecting public agency is not a law enforcement agency. -(ii)The images, footage, or data are related to the core function of the collecting public agency. -(3)A public agency may make available to the public images, footage, or data obtained by the public agency through the use of an unmanned aircraft system if both of the following conditions are satisfied: -(A)The images, footage, or data do not depict or describe any individual or group of individuals, or the activities of any individual or group of individuals whose identity or identities can be ascertained. -(B)The disclosure of the images, footage, or data is required to fulfill the public agency’s statutory or mandatory obligations. -(b)Except as permitted by this title, images, footage, or data obtained by a public agency through the use of an unmanned aircraft system shall not be used by the public agency for any purpose other than that for which it was collected. -(c)(1)Images, footage, or data obtained through the use of an unmanned aircraft system shall be permanently destroyed within one year, except that a public agency may retain the images, footage, or data in all of the following circumstances: -(A)For training purposes. Images, footage, or data retained for training purposes shall be used only for the education and instruction of a public agency’s employees in matters related to the mission of the public agency and for no other purpose. -(B)For academic research or teaching purposes. Images, footage, or data retained for academic research or teaching purposes shall be used only for the advancement of research and teaching conducted by an academic or research institution and matters related to the mission of the institution and for no other purpose. -(C)For purposes of monitoring material assets owned by the public agency. -(D)For environmental, public works, or land use management or planning by the public agency. -(2)Notwithstanding paragraph (1), a public agency may retain beyond one year images, footage, or data obtained through the use of an unmanned aircraft system in both of the following circumstances: -(A)If a warrant authorized the collection of the images, footage, or data. -(B)If the images, footage, or data are evidence in any claim filed or any pending litigation or enforcement proceeding. -14353. -Unless authorized by federal law, a person or entity, including a public agency subject to Section 14350 or a person or entity under contract to a public agency, for the purpose of that contract, shall not equip or arm an unmanned aircraft system with a weapon or other device that may be carried by or launched from an unmanned aircraft system and that is intended to cause bodily injury or death, or damage to, or the destruction of, real or personal property. -14354. -All unmanned aircraft systems shall be operated so as to minimize the collection of images, footage, or data of persons, places, or things not specified with particularity in the warrant authorizing the use of an unmanned aircraft system, or, if no warrant was obtained, for purposes unrelated to the justification for the operation. -14355. -(a)This title is not intended to conflict with or supersede federal law, including rules and regulations of the Federal Aviation Administration. -(b)A local legislative body may adopt more restrictive policies on the acquisition or use of unmanned aircraft systems. -14356. -For the purposes of this title, the following definitions shall apply: -(a)“Criminal intelligence” means information compiled, analyzed, or disseminated in an effort to anticipate, prevent, monitor, or investigate criminal activity. -(b)“Law enforcement agency” means the Attorney General of the State of California, each district attorney, and each agency of the State of California authorized by statute to investigate or prosecute law violators. -(c)“Public agency” means and includes each state agency and each local agency. -(d) “Unmanned aircraft system” means an unmanned aircraft and associated elements, including communication links and the components that control the unmanned aircraft, that are required for the pilot in command to operate safely and efficiently in the national airspace system. -14357. -Except as provided in this title, the surveillance restrictions on electronic devices described in Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 shall apply to the use or operation of an unmanned aircraft system by a public agency. -SEC. 3. -The Legislature finds and declares that Section 1 of this act, which adds Section 6254.31 of the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -In order to ensure the safety of persons involved in investigations and to preserve the integrity of those investigations, it is necessary that this act take effect.","Existing law generally provides for the establishment of public libraries. Existing law requires every public library that receives specified state funds and that provides public access to the Internet or to video recordings to, by a majority vote of the governing board, adopt a policy regarding access by minors to the Internet or to video recordings. -This bill would require every public library that provides public access to a 3D printer, as defined, to post a notice on or near the 3D printer that would alert users of the 3D printer of the potential liability of the user for misuse of the 3D printer, as specified. This bill would require the Department of Justice to draft and distribute this notice, as specified, and annually review and revise the notice for accuracy. By imposing additional duties upon local officials, this bill would create a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015. -This bill would generally prohibit public agencies from using unmanned aircraft systems, or contracting for the use of unmanned aircraft systems, as defined, with certain exceptions applicable to law enforcement agencies and in certain other cases, including when the use or operation of the unmanned aircraft system achieves the core mission of the agency and the purpose is unrelated to the gathering of criminal intelligence, as defined. -The bill would require reasonable public notice to be provided by public agencies intending to deploy unmanned aircraft systems, as specified. The bill would require images, footage, or data obtained through the use of an unmanned aircraft system under these provisions to be permanently destroyed within one year, except as specified. The bill would generally prohibit images, footage, or data obtained through the use of an unmanned aircraft system under these provisions from being disseminated outside the collecting public agency, except as specified. Unless authorized by federal law, the bill would prohibit a person or entity, including a public agency subject to these provisions, or a person or entity under contract to a public agency, for the purpose of that contract, from equipping or arming an unmanned aircraft system with a weapon or other device that may be carried by or launched from an unmanned aircraft system and that is intended to cause bodily injury or death, or damage to, or the destruction of, real or personal property. The bill would also provide that specified surveillance restrictions on electronic devices apply to the use or operation of an unmanned aircraft system by a public agency. -The bill would apply its provisions to all public and private entities when contracting with a public agency for the use of an unmanned aircraft system. -Existing law, the California Public Records Act, requires state and local agencies to make public records available for inspection, subject to certain exceptions. -This bill would make certain images, footage, or data obtained through the use of an unmanned aircraft system under its provisions, or any related record, including, but not limited to, usage logs or logs that identify any person or entity that subsequently obtains or requests records of that system, subject to disclosure. The bill would except from disclosure above images, footage, data, and records obtained through the use of an unmanned aircraft system, if disclosure would endanger the safety of a person involved in an investigation, or would endanger the successful completion of the investigation. -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to add -Section 6254.31 to the Government Code, and to add Title 14 (commencing with Section 14350) to Part 4 of the Penal Code, relating to unmanned aircraft systems. -Article 1.5 (commencing with Section 19905) to Chapter 11 of Part 11 of Division 1 of Title 1 of the Education Code, relating to libraries." -413,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) There are approximately 1.2 million adult Californians who suffer from severe mental illness and over 700,000 children in California who deal with severe emotional disturbance. -(2) Despite the importance of and emphasis on mental health parity, management of mental illness within a system of care is far more difficult than most types of physical illness. There are significant differences between the delivery systems for the Medi-Cal population and the delivery systems for those covered by private insurance, and there are unique problems associated with each system. While changes are needed in both, there is an immediate need to look for ways to better serve the insured population. -(3) The limited number of providers, the lack of facilities for treatment, and the difficulties of arranging for and coordinating ancillary services have made it extremely difficult for health insurers to meet the needs of enrollees facing significant mental health issues. -(4) Attempts to develop truly accessible provider networks that can link with the array of administrative and ancillary services that the mentally ill need to manage their disease and to improve will take an investment of time and resources. -(5) Systems of care known as Early Diagnosis and Preventive Treatment (EDAPT) programs may hold the key to these problems. These integrated systems of care provide early intervention, assessment, diagnosis, a treatment plan, and the services necessary to implement that plan. EDAPT programs have interdisciplinary teams of physicians, clinicians, advocates, and staff that coordinate care on an outpatient basis. -(6) EDAPT programs do not yet exist in sufficient numbers to allow them to meet the provider network requirements health insurers must meet. While it is possible under existing law for health insurers to contract with existing EDAPT programs, there are a number of regulatory and practical issues that stand in the way of directing patients to them so that the patients’ conditions can be effectively managed. If insurers could designate an EDAPT program as an exclusive provider for their enrollees, an assessment could be made of the overall efficacy of the model. -(b) Therefore, it is the intent of the Legislature to provide funding to augment private health benefit plan coverage in order to provide patients with the full range of necessary EDAPT services. -SEC. 2. -Part 6 (commencing with Section 5950) is added to Division 5 of the Welfare and Institutions Code, to read: -PART 6. EDAPT Funding Pilot Program -5950. -(a) There is hereby established the Early Diagnosis and Preventive Treatment (EDAPT) Program Fund within the State Treasury. Moneys from private or other sources may be deposited into the fund and used for purposes of this part. General Fund moneys shall not be deposited into the fund. -(b) When the Department of Finance has determined that the total amount of the moneys in the fund established pursuant to subdivision (a) has reached or exceeded one million two hundred thousand dollars ($1,200,000), the Controller shall distribute all of the moneys in the fund to the Regents of the University of California for the purpose of providing reimbursement to an EDAPT program for services provided to persons who are referred to that program, but whose private health benefit plan does not cover the full range of required services. -(c) Funds distributed pursuant to this part shall not be used to pay for services normally covered by the patient’s private health benefit plan and shall only be used to augment private health benefit plan coverage to provide the patient with the full range of necessary services. -(d) For purposes of this part, the following definitions shall apply: -(1) “EDAPT program” means an Early Diagnosis and Preventive Treatment program and refers to a program that utilizes integrated systems of care to provide early intervention, assessment, diagnosis, a treatment plan, and necessary services for individuals with severe mental illness and children with severe emotional disturbance using an interdisciplinary team of physicians, clinicians, advocates, and staff who coordinate care on an outpatient basis. -(2) “Private health benefit plan” means a program or entity that provides, arranges, pays for, or reimburses the cost of health benefits, but does not include coverage provided through the Medi-Cal system. -5951. -(a) If the Regents of the University of California accept moneys from the fund established pursuant to this part, or accept federal funds distributed by the State Department of Health Care Services as described in subdivision (b), the regents shall report, on or after January 1, 2022, but prior to January 1, 2023, to the health committees of both houses of the Legislature all of the following: -(1) Evidence as to whether the early psychosis approach reduces the duration of untreated psychosis, reduces the severity of symptoms, improves relapse rates, decreases the use of inpatient care in comparison to standard care, supports educational and career progress, and reduces the cost of treatment in comparison to standard treatment methodologies. -(2) The number of patients with private health benefit plans served by an EDAPT program in the 12 months prior to the implementation of this part. -(3) The number of patients with private health benefit plans served by an EDAPT program that has received funding pursuant to this part. -(4) The number of patients participating in an EDAPT program that has received funding pursuant to this part who are considered stabilized, as a percentage of patients served. -(5) The number of patients participating in an EDAPT program that has received funding pursuant to this part who need services beyond those provided in the program and the nature of those services. -(6) Any other information the regents deem necessary. -(b) If the State Department of Health Care Services distributes federal funds to the Regents of the University of California for the purpose of supporting an EDAPT program, the regents shall issue the report described in subdivision (a), to the extent permitted by federal law. -(c) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. -5952. -This part shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.","Existing law, the Bronzan-McCorquodale Act, sets out a system of community mental health care services provided by counties and administered by the State Department of Health Care Services. -This bill would establish the Early Diagnosis and Preventive Treatment (EDAPT) Program Fund in the State Treasury to provide funding to the Regents of the University of California for the purpose of providing reimbursement to an EDAPT program that would utilize integrated systems of care to provide early intervention, assessment, diagnosis, a treatment plan, and necessary services for individuals with severe mental illness and children with severe emotional disturbance, as specified. The bill would authorize moneys from private or other sources to be deposited into the fund and used for purposes of the bill. The bill would require, when the Department of Finance has determined that the total amount of the moneys in the fund has reached or exceeded $1,200,000, the Controller to distribute all of the moneys in the fund to the Regents of the University of California for the purpose of providing reimbursement to an EDAPT program for services provided to persons who are referred to that program, but whose private health benefit plan, as defined, does not cover the full range of required services, thereby making an appropriation. The bill would require the Regents of the University of California, if the regents accept the money, or if the regents accept federal funding distributed by the State Department of Health Care Services for the purpose of supporting an EDAPT program, as specified, to report, on or after January 1, 2022, but prior to January 1, 2023, specified information to the health committees of both houses of the Legislature. The bill would repeal the program as of January 1, 2023.","An act to add and repeal Part 6 (commencing with Section 5950) of Division 5 of the Welfare and Institutions Code, relating to mental health, and making an appropriation therefor." -414,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 15601 of the Elections Code is amended to read: -15601. -(a) The Secretary of State, within the Secretary of State’s existing budget, shall adopt regulations no later than January 1, 2008, for each voting system approved for use in the state and specify the procedures for recounting ballots, including vote by mail and provisional ballots, using those voting systems. -(b) No later than January 1, 2018, the Secretary of State shall revise and adopt regulations specifying procedures for recounting ballots, including regulations establishing guidelines for charges a county elections official may impose when conducting a manual recount pursuant to this chapter. -SEC. 2. -Section 15620 of the Elections Code is amended to read: -15620. -(a) Following completion of the official canvass and again following completion of any postcanvass risk-limiting audit conducted pursuant to Section 15560, any voter may, within five days thereafter, file with the elections official responsible for conducting an election in the county wherein the recount is sought a written request for a recount of the votes cast for candidates for any office, for slates of presidential electors, or for or against any measure, provided the office, slate, or measure is not voted on statewide. The request shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed. -(b) If an election is conducted in more than one county, the request for the recount may be filed by any voter within five days, beginning on the 31st day after the election, with the elections official of, and the recount may be conducted within, any or all of the affected counties. -(c) For the purposes of this section, “completion of the canvass” shall be presumed to be that time when the elections official signs the certified statement of the results of the election except that, in the case of a city election, if a city council canvasses the returns itself and does not order the elections official to conduct the canvass, “completion of the canvass” shall be presumed to be that time when the governing body declares the persons elected or the measures approved or defeated. -SEC. 3. -Section 15621 of the Elections Code is amended to read: -15621. -(a) Following completion of the official canvass any voter may, within five days beginning on the 31st day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. Additionally, any voter may file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide within five days following completion of any postcanvass risk-limiting audit conducted pursuant to Section 15560. A request filed pursuant to this section shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed. -(b) The Secretary of State shall forthwith send by registered mail one copy of the request to the elections official of each county in which a recount of the votes is sought. -(c) All the other provisions of this article shall apply to recounts conducted under this section. -SEC. 4. -Section 15621.5 is added to the Elections Code, to read: -15621.5. -If more than one voter requests a recount of the same office or measure pursuant to Section 15620 or 15621, and at least one request is for a manual recount, the county elections official of a county subject to multiple requests as described in this section shall conduct only one manual recount of the ballots subject to recount, the result of which shall be controlling. -SEC. 5. -Section 15626 of the Elections Code is amended to read: -15626. -The recount shall be commenced not more than seven days following the receipt by the elections official of the request or order for the recount under Section 15620, 15621, or 15645 and shall be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed. The recount shall not be commenced until the first day following notification of the individuals specified in Section 15628. -SEC. 6. -Section 15627 of the Elections Code is amended to read: -15627. -(a) If the votes subject to recount were cast or tabulated by a voting system, the voter requesting the recount shall, for each set of ballots cast or tabulated by a type of voting system, select whether the recount shall be conducted manually, or by means of the voting system used originally. Only one method of recount may be used for all ballots cast or tabulated by the same type of voting system. -(b) For purposes of direct recording electronic voting systems, “conducted manually” means that the voter verified paper audit trail of the electronically recorded vote is counted manually, as selected by the voter who requests the recount. -SEC. 7. -Section 15632 of the Elections Code is amended to read: -15632. -In lieu of the returns as reported in the official canvass, upon completion of the recount showing that a different candidate was nominated or elected, that a different presidential slate of electors received a plurality of the votes, or that a measure was defeated instead of approved or approved instead of defeated, there shall be entered the result of the recount in each precinct affected, which result shall, for all purposes thereafter, be the official returns of those precincts for the office, slates of presidential electors, or measure involved in the recount. If the office, slates of presidential electors, or measure are not voted on statewide, the results of any recount which is not completed by counting the votes in each and every precinct in the jurisdiction within which votes were cast on the candidates for the office, on the slates of electors, or on the measure in question shall be declared null and void. If the office, slates of presidential electors, or measure are voted on statewide, the results of any recount will be declared null and void where there is not recounted each vote cast statewide for the office, slates, or measure. -SEC. 8. -Article 5 (commencing with Section 15645) is added to Chapter 9 of Division 15 of the Elections Code, to read: -Article 5. State-Funded Recounts -15645. -(a) (1) Within five days after the Secretary of State files a statement of the vote, as required by subdivision (b) of Section 15501, the Governor may order a state-funded manual recount of all votes cast for a statewide office or state ballot measure if any of the following occurs, except as provided in paragraph (3): -(A) The official canvass of returns in a statewide primary election shows that the difference in the number of votes received by the second and third place candidates for a statewide office is less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast for that office except as provided in paragraph (2). -(B) The official canvass of returns in a statewide general election shows that the difference in the number of votes received by the two candidates receiving the greatest number of votes for a statewide office is less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast for that office. -(C) The official canvass of returns in a statewide election shows that the difference in the number of votes cast for and against a state ballot measure is less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast on the measure. -(2) The Governor shall not order a state-funded manual recount of all votes cast for the office of Superintendent of Public Instruction pursuant to this section unless the official canvass of returns in a statewide primary election shows either of the following: -(A) The number of votes received by the candidate receiving the greatest number of votes was either of the following: -(i) Between 0.49985 and 0.50015, inclusive, of the number of all votes cast. -(ii) Within 1,000 votes of 50 percent of the number of all votes cast. -(B) No candidate for the office of Superintendent of Public Instruction received votes on a majority of all the ballots cast for candidates for that office and the difference in the number of votes received by the second and third place candidates for that office was less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast for that office. -(3) If the conditions set forth in paragraph (1) are satisfied with respect to the number of votes cast for the office of Governor, the Secretary of State, but not the Governor, may order a state-funded manual recount pursuant to this section. -(4) For purposes of this subdivision, “statewide office” means the office of Governor, Lieutenant Governor, Attorney General, Controller, Insurance Commissioner, Secretary of State, Superintendent of Public Instruction, Treasurer, or Member of the United States Senate. -(b) If a state-funded recount is conducted pursuant to this section, no other recount shall be conducted. -(c) The State shall reimburse counties for costs resulting from conducting a manual recount pursuant to this section in an expeditious manner upon certification of those costs. -15646. -(a) Upon the Governor or Secretary of State ordering a recount pursuant to subdivision (a) of Section 15645, the Secretary of State shall notify the elections official of each county and shall direct the county elections officials to recount all the votes cast for the office or for and against the state ballot measure. -(b) (1) While conducting a recount pursuant to Section 15645, a county elections official shall also review ballots rejected pursuant to Section 15154 to ensure that no ballots were improperly discarded during the initial canvass. -(2) The process of reviewing rejected ballots pursuant to subdivision (a) shall be open to members of the public, including persons associated with a campaign or measure. -(c) The elections official in each county shall complete a recount pursuant to this section as follows: -(1) In a primary election, by three business days before the Secretary of State issues the certified list of candidates for the associated general election pursuant to Section 8120. -(2) In a general election, within 60 days of the Governor or Secretary of State ordering the recount. -15647. -All the provisions of Article 3 (commencing with Section 15620), except Sections 15620, 15621, 15622, 15623, 15624, and 15627, shall apply to this article unless otherwise provided herein. -15648. -The Secretary of State may adopt, amend, and repeal rules and regulations necessary for the administration of this article. -15649. -A county elections official shall only be required to conduct a recount pursuant to this article to the extent funds are appropriated for purposes of this article in the annual Budget Act or other statute. -SEC. 9. -Section 19204.5 is added to the Elections Code, to read: -19204.5. -(a) The Secretary of State shall not certify or conditionally approve a voting system that cannot facilitate the conduct of a ballot level comparison risk-limiting audit. -(b) (1) For purposes of this subdivision, a voting system that is “noncompliant” is a voting system that cannot facilitate the conduct of a ballot level comparison risk-limiting audit. -(2) Notwithstanding subdivision (a), the Secretary of State may, until January 1, 2021, approve a proposed change or modification to a noncompliant voting system even if the voting system will remain noncompliant after the change or modification. This paragraph shall become inoperative on January 1, 2021. -SEC. 10. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires the Secretary of State to adopt regulations relating to the use of voting systems in recounting ballots. -This bill would also require the Secretary of State to revise and adopt regulations relating to procedures for recounting ballots, including regulations establishing guidelines for the charges a county elections official may impose when conducting a manual recount. -(2) Existing law establishes procedures by which a voter may request a recount of the votes cast in an election following completion of the official canvass. Existing law requires a voter to make this request within 5 days beginning on the 29th day after the election. -This bill would instead permit a voter to file a request for a recount within 5 days beginning on the 30th day after the election. -(3) Any time during the conduct of a recount and for 24 hours thereafter, existing law permits any other voter to request a recount of any precincts in an election for the same office, slate of presidential electors, or measure not recounted as a result of the original request. Existing law also provides that, where applicable, a voter requesting a recount may select whether the recount shall be conducted manually, or by means of the voting system used originally, or both. -This bill would instead require a voter to select, for each type of voting system used, whether the recount is to be conducted manually, or by means of the voting system used originally, but not both. This bill would also specify that if more than one voter requests a recount of the same office or measure, and at least one request is for a manual recount, then the county elections official of any county subject to multiple requests is only obligated to conduct one manual recount of the ballots subject to the request, and that those results will control. -(4) Under existing law, a voter seeking a recount is required, before the recount is commenced and at the beginning of each subsequent day, to deposit with the elections official the amount of money required by the elections official to cover the cost of the recount for that day. -This bill would permit the Governor or Secretary of State, as specified, to order a state-funded manual recount of all votes cast for a statewide office or a state ballot measure if the difference in the number of votes received is less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast, as specified. This bill would also require a county elections official to review rejected ballots as part of a state-funded recount. -(5) Under existing law, upon completion of a recount showing that a different candidate was nominated or elected, that a different presidential slate of electors received a plurality of the votes, or that a measure was defeated instead of approved or approved instead of defeated, the result of the recount in each affected precinct is entered and is thereafter considered the official return of the affected precincts. Existing law provides that if an office, slates of presidential electors, or measure is voted on statewide, the results of any recount are null and void unless each vote cast for the office, slates, or measure in any county specified in the request for recount is recounted. -This bill would instead provide that if an office, slates of presidential electors, or measure is voted on statewide, the results of any recount are null and void unless each vote cast statewide for the office, slates, or measure is recounted. -(6) Existing law requires the Secretary of State to certify or conditionally approve a voting system prior to any election at which it is to be used, as specified. Existing law prohibits the Secretary of State from certifying or conditionally approving a voting system or part of a voting system that does not have certain technical capabilities. -This bill would also prohibit the Secretary of State from certifying or conditionally approving a voting system that cannot facilitate the conduct of a ballot level comparison risk-limiting audit; however, it would expressly permit the Secretary of State to approve a proposed change or modification to a noncompliant voting system even if the voting system would be unable to facilitate the conduct of a ballot level comparison risk-limiting audit after the change or modification. -By imposing new duties on local elections officials, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 15601, 15620, 15621, 15626, 15627, and 15632, of, to add Sections 15621.5 and 19204.5 to, and to add Article 5 (commencing with Section 15645) to Chapter 9 of Division 15 of, the Elections Code, relating to elections." -415,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) In 1977, the United States Food and Drug Administration (FDA) concluded that feeding livestock low doses of antibiotics from antibiotic classes that are used in human disease treatment could promote the development of antibiotic-resistance in bacteria and pose a risk to human health. The FDA, however, did not act in response to these findings, despite laws requiring the agency to do so. -(b) The FDA issued voluntary guidance in December 2013 on the nontherapeutic use of antibiotics; however, this guidance is unlikely to significantly reduce the nontherapeutic use of antibiotics in livestock because of a broad exemption allowing for the use of antibiotics for disease prevention. -(c) Not only do antibiotic-resistant bacteria affect the health of our society, but they also have a monetary impact. In 1998, the National Academy of Sciences noted that antibiotic-resistant bacteria generate a minimum of four to five billion dollars in costs to United States society and individuals every year. In 2009, in a study funded by the federal Centers for Disease Control and Prevention, Cook County Hospital and Alliance for Prudent Use of Antibiotics estimated that the total health care cost of antibiotic-resistant infections in the United States was between $16.6 billion and $26 billion annually. Societal costs from lost productivity due to illnesses were estimated to be an additional $35 billion. -(d) In April 1999, the United States Government Accountability Office conducted a study concluding that three strains of microorganisms that cause foodborne illnesses or disease in humans are resistant to antibiotics and are linked to the use of antibiotics in animals. These microorganisms that cause foodborne illnesses or disease in humans are resistant to antibiotics and are linked to the use of antibiotics in animals. These microorganisms are salmonella, campylobacter, and E. Coli. -(e) In 1999, 2006, and 2011, the United States Department of Agriculture’s Animal and Plant Health Inspection Service conducted large-scale, voluntary surveys that revealed all of the following: -(1) Eighty-four percent of grower and finisher swine farms, 83 percent of cattle feedlots, and 84 percent of sheep farms administer antimicrobials in feed or water for either health or growth promotion reasons. -(2) Many of the antimicrobials that were identified were identical or closely related to drugs used in human medicine, including tetracyclines, macrolides, bactricin, penicilllins, and sulfonamides. -(3) These drugs are used in people to treat serious diseases, such as pneumonia, scarlet fever, rheumatic fever, sexually transmitted infections, and skin infections; pandemics such as malaria and plague; and bioterrorism agents such as anthrax. -(f) In June 2002, the peer-reviewed journal, “Clinical Infectious Diseases,” published a report based on a two-year review, by experts in human and veterinary medicine, public health, microbiology, biostatistics, and risk analysis, of more than 500 scientific studies on the human health impacts of antimicrobial use in agriculture. The report recommended that antimicrobial agents should not be used in agriculture in the absence of disease and should be limited to therapy for diseased individual animals or prophylaxis when disease is documented in a herd or flock. -(g) In a March 2003 report, the National Academy of Sciences stated that a decrease in antimicrobial use in human medicine alone will have little effect on the rise in antibiotic-resistant bacteria and that substantial efforts must be made to decrease the inappropriate overuse of antimicrobials in animals and agriculture. -(h) In 2010, the peer-reviewed journal, “Molecular Cell,” published a study demonstrating that a low-dosage use of antibiotics causes a dramatic increase in genetic mutation, raising new concerns about the agricultural practice of using low-dosage antibiotics in order to stimulate growth promotion and routinely prevent disease in unhealthy conditions. -(i) In 2010, the Danish Veterinary and Food Administration testified that the Danish ban of the nontherapeutic use of antibiotics in food animal production resulted in a marked reduction in antimicrobial resistance in multiple bacterial species, including Campylobacter and Enterococci. -(j) In 2011, the FDA found that in 2010: -(1) Thirteen million five hundred thousand kilograms of antibacterial drugs were sold for use on food animals in the United States. -(2) Three million three hundred thousand kilograms of antibacterial drugs were used for human health. -(3) Eighty percent of antibacterial drugs, and over 70 percent of medically important antibacterial drugs, disseminated in the United States were sold for use on food-producing animals, rather than being used for human health. -(k) In 2011, a review of all scientific studies on antimicrobial use in farm animals, published in Clinical Microbiology Reviews, found the following: -(1) That the use of antibiotics in food-producing animals leads to the development of reservoirs of antibiotic resistance, that antibiotic-resistant bacteria can spread through food, water, air, soil, and meat-industry workers, and that bacteria can share resistance genes with each other. -(2) A ban on nontherapeutic antibiotic use in food-producing animals would preserve the use of antibiotics for medicine. -(3) A Danish ban on nontherapeutic antibiotics in food-producing animals resulted in little change in animal morbidity and mortality, and only a modest increase in production cost. -(l) The federal Centers for Disease Control and Prevention (CDC) concluded in a recent report, “Antibiotic Resistance Threats in the United States, 2013,” that overuse or misuse of antibiotics contributes to the spread of antibiotic resistance, whether in human medicine or in agriculture. The CDC estimated that antibiotic resistance causes at least 23,000 deaths and two million illnesses every year. -(m) In 2013, the peer-reviewed journal, “The Journal of the American Medical Association,” published a study showing higher levels of antibiotic-resistant skin and soft-tissue infections in people living in proximity to hog farms or fields treated with swine manure in Pennsylvania. Similarly, in 2014, the peer-reviewed journal, “Infection Control and Hospital Epidemiology,” published a study focused on hospitalized veterans in rural areas of Iowa, finding that people living in close proximity to a swine-feeding operation were nearly three times as likely to have been affected by methicillin-resistant Staphylococcus aureus (MRSA) at the time of admission to the hospital. -(n) The FDA’s National Antimicrobial Resistance Monitoring System routinely finds that retail meat products are contaminated with bacteria that are resistant to antibiotics that are important to human medicine. -(o) According to the American Academy of Pediatrics, “the largest nonhuman use of antimicrobial agents is in food-producing animal production, and most of this is in healthy animals to increase growth or prevent diseases. Evidence now exists that these uses of antimicrobial agents in food-producing animals have a direct negative impact on human health and multiple impacts on the selection and dissemination of resistance genes in animals and the environment. Children are at increased risk of acquiring many of these infections with resistant bacteria and are at great risk of severe complications if they become infected.” -(p) Many scientific studies confirm that the nontherapeutic use of antibiotics in food-producing animals contributes to the development of antibiotic-resistant bacterial infections in people. -(q) The spread of antibiotic-resistant bacteria poses a risk to the health of Californians and reduced use of antibiotics for livestock production is likely to reduce the risks of the rise and spread of antibiotic-resistant bacteria through food and other pathways, thus reducing the risk to Californians. -SEC. 2. -It is the intent of the Legislature to enact legislation that would address the overuse of antibiotics in livestock production.","Under existing law, the Department of Food and Agriculture is responsible for enforcing provisions relating to the importation of animals, milk and milk products, produce dealers, and other agricultural regulations. Existing law requires the Secretary of Food and Agriculture to make and enforce provisions relating to the manufacture, sale, and use of livestock drugs. -This bill would make various legislative findings and declarations relating to the nontherapeutic use of antibiotics in livestock, and would declare the intent of the Legislature to enact legislation that would address the overuse of antibiotics in livestock production.",An act relating to livestock drugs. -416,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) According to United States Census Bureau, California has a poverty rate of 23.5 percent, the highest rate of any state in the country. -(b) Children born into poverty are at higher risk of health and developmental disparities, including, but not limited to, premature birth, low birth weight, infant mortality, crime, domestic violence, developmental delays, dropping out of high school, substance abuse, unemployment, and child abuse and neglect. -(c) In 2014, the Legislature passed Assembly Concurrent Resolution No. 155 by Assembly Member Raul Bocanegra, recognizing that research over the last two decades in the evolving fields of neuroscience, molecular biology, public health, genomics, and epigenetics reveals that experiences in the first few years of life build changes into the biology of the human body that, in turn, influence the person’s physical and mental health over his or her lifetime. -(d) On May 3, 2012, Governor Edmund G. Brown Jr. issued Executive Order B-19-12, establishing the “Let’s Get Healthy California Task Force” to develop a 10-year plan for improving the health of Californians, controlling health care costs, promoting personal responsibility for individual health, and advancing health equity. -(e) The task force identified several priorities, including a subset for “Healthy Beginnings,” which include reducing infant deaths, increasing vaccination rates, reducing childhood trauma, and reducing adolescent tobacco use. -(f) The final report of the task force states, “the challenge going forward is to identify evidence-based interventions and quicken the pace of uptake across the state” in order to meet the ambitious goals in the Governor’s directive. -(g) Voluntary evidence-based home visiting programs, such as Nurse-Family Partnership, Healthy Families America, Early Head Start (Home-Based Program Option), Parents as Teachers, and Home Instruction for Parents of Preschool Youngsters, strengthen the critical parent-child relationship and connect families with information and resources during the pivotal time from pregnancy to five years of age. Extensive research has shown that evidence-based home visiting programs serving pregnant and parenting mothers, prenatal to the child turning five years of age, increase family self-sufficiency, positive parenting practices, child literacy and school readiness, and maternal and child health. -(h) Voluntary evidence-based home visiting program models focused on the prenatal period to five years of age range from low to high intensity, reflecting the broad spectrum of family needs that home visiting can impact. Many experts hail home visiting program diversity as essential to providing parents with choices and ensuring that programs are well matched with local needs and strengths, as well as responsive to the diverse needs of California’s children and families. -(i) In 2013, more than 248,000 Medi-Cal beneficiaries gave birth to a child. Because Medi-Cal covers half of all births in the state, this has increased costs for taxpayers. Medi-Cal expansion has resulted in an 18 percent increase in Medi-Cal enrollment to a total of 11.3 million, and enrollment is expected to exceed 12 million in 2015. -(j) The California Health and Human Services Agency recently submitted its State Health Care Innovation Plan, including the Maternity Care initiative, which addresses issues of high costs in maternity care, to the federal Center for Medicare and Medicaid Innovation. Child deliveries and related expenses, including high-risk births, rank among the top 10 high-cost episodes of health care, and in the last 15 years, California has seen a continual rise in maternal mortality. -(k) The cost of health care specifically related to high-risk pregnancies, neonatal intensive-care unit (NICU) services, toxic stress, and emergency room visits has increased and is projected to continue to rise. Average health care costs for women were 25 percent more than men primarily due to higher costs of health care during childbearing years. -(l) With more than three decades of evidence from randomized, controlled trials and rigorous followup evaluation studies, evidence-based home visiting programs have demonstrated sustained improvements in maternal health, child health, positive parenting practices, child development and school readiness, reductions in child maltreatment, family economic self-sufficiency, linkages and referrals, and reductions in family violence. -(m) Evidence-based home visiting programs have specifically demonstrated reductions in preterm births, preventable maternal mortality, smoking during pregnancy, complications of pregnancy, closely spaced subsequent births, childhood injuries resulting in costly emergency department use and hospitalizations, improved childhood immunization rates, compliance with well child visit schedules, lower body mass index rates, higher birth weights, and improved family well-being, including increased family health literacy, and parent self-help development. As a result of families benefiting from evidence-based home visiting, there have been cost savings to federal, state, and local governments with respect to programs and services, including Medicaid, the Supplemental Nutrition Assistance Program (SNAP), and the Temporary Assistance for Needy Families (TANF) program. -(n) The strong evidence of effectiveness and predictable return on investment demonstrate that evidence-based home visiting programs should be brought to scale in California to improve maternal and child health outcomes and help reduce health care costs for generations to come. -(o) By supporting families from the start, voluntary evidence-based home visiting programs serving families from prenatal to five years of age provide a foundation for subsequent early childhood programs and family support efforts to build upon, and can help ensure that families are well-equipped to raise California’s next generation of productive, healthy, and successful adults. -(p) Therefore, it is the intent of the Legislature to develop a means to leverage public and private dollars to substantially expand the scale of evidence-based home visiting programs throughout California, beginning with communities and populations with the greatest need. -SEC. 2. -Section 14148.25 is added to the Health and Safety Code, to read: -14148.25. -(a) The department shall, in consultation with stakeholders, including, but not limited to, representatives from Medi-Cal managed care plans, public and private hospitals, evidence-based home visiting programs, and other governmental entities including local and state law enforcement and corrections agencies, local and state social services agencies, and local and state educational agencies, develop a feasibility plan on or before January 1, 2017, that describes the costs, benefits, and any potential barriers related to offering evidence-based home visiting programs to Medi-Cal eligible pregnant and parenting women. The department shall consult with stakeholders from diverse geographical regions of the state. The department shall consider all of the following in developing the plan: -(1) Establishing Medi-Cal coverage for evidence-based home visiting program services. -(2) Incentives for Medi-Cal providers to offer evidence-based home visiting program services. -(3) Other mechanisms to fund evidence-based home visiting program services for Medi-Cal eligible pregnant and parenting women. -(4) Identifying among evidence-based home visiting programs those with established evidence to improve health outcomes, the experience of care, and cost savings to the health care system. -(b) In developing the plan, the department shall prioritize the identification of funding sources, other than General Fund moneys, to fund evidence-based home visiting program services, including local, federal, or private funds, or any other funds made available for these program services. -(c) For the purposes of this section, the following definitions shall apply: -(1) “Evidence-based program” means a program that is based on scientific evidence demonstrating that the program model is effective. An evidence-based program shall be reviewed on site and compared to program model standards by the model developer or the developer’s designee at least every five years to ensure that the program continues to maintain fidelity with the program model. The program model shall have had demonstrated and replicated significant and sustained positive outcomes that have been in one or more well-designed and rigorous randomized controlled research designs, and the evaluation results shall have been published in a peer-reviewed journal. -(2) “Evidence-based home visiting program” means a program or initiative that does all of the following: -(A) Meets, on or before April 1, 2015, the United States Department of Health and Human Services Maternal, Infant, and Early Childhood Home Visiting (MIECHV) criteria, as described in Section 511(d)(3)(A)(i)(l) of Title V of the Social Security Act (42 U.S.C. Sec. 711). -(B) Contains home visiting as a primary service delivery strategy by providers satisfying home visiting program requirements to provide services to families with a pregnant or parenting woman who is eligible for medical assistance. -(C) Offers services on a voluntary basis to pregnant women, expectant fathers, and parents and caregivers of children from prenatal to five years of age. -(D) Targets participant outcomes that include all of the following: -(i) Improved maternal and child health. -(ii) Prevention of child injuries, child abuse or maltreatment, and reduction of emergency department visits. -(iii) Improvements in school readiness and achievement. -(iv) Reduction in crime or domestic violence. -(v) Improvements in family economic self-sufficiency. -(vi) Improvements in coordination of, and referrals to, other community resources and support. -(vii) Improvements in parenting skills related to child development.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including perinatal services for pregnant women. -Existing law establishes the Nurse-Family Partnership program, which is administered by the State Department of Public Health, to provide grants for voluntary nurse home visiting programs for expectant first-time mothers, their children, and their families. Under existing law, a county is required to satisfy specified requirements in order to be eligible to receive a grant. -This bill would require the State Department of Health Care Services, in consultation with specified stakeholders, to develop a feasibility plan on or before January 1, 2017, that describes the costs, benefits, and any potential barriers related to offering evidence-based home visiting programs to Medi-Cal eligible pregnant and parenting women. The bill would also require the department, in developing the plan, to consider, among other things, establishing Medi-Cal coverage for evidence-based home visiting program services and incentives for Medi-Cal providers to offer those services, and would require the department, in developing the plan, to prioritize the identification of funding sources, other than General Fund moneys, to fund evidence-based home visiting program services.","An act to add Section 14148.25 to the Welfare and Institutions Code, relating to perinatal care." -417,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 5348 of the Welfare and Institutions Code is amended to read: -5348. -(a) For purposes of subdivision (e) of Section 5346, a county that chooses to provide assisted outpatient treatment services pursuant to this article shall offer assisted outpatient treatment services including, but not limited to, all of the following: -(1) Community-based, mobile, multidisciplinary, highly trained mental health teams that use high staff-to-client ratios of no more than 10 clients per team member for those subject to court-ordered services pursuant to Section 5346. -(2) A service planning and delivery process that includes the following: -(A) Determination of the numbers of persons to be served and the programs and services that will be provided to meet their needs. The local director of mental health shall consult with the sheriff, the police chief, the probation officer, the mental health board, contract agencies, and family, client, ethnic, and citizen constituency groups as determined by the director. -(B) Plans for services, including outreach to families whose severely mentally ill adult is living with them, design of mental health services, coordination and access to medications, psychiatric and psychological services, substance abuse services, supportive housing or other housing assistance, vocational rehabilitation, and veterans’ services. Plans shall also contain evaluation strategies, which shall consider cultural, linguistic, gender, age, and special needs of minorities and those based on any characteristic listed or defined in Section 11135 of the Government Code in the target populations. Provision shall be made for staff with the cultural background and linguistic skills necessary to remove barriers to mental health services as a result of having limited-English-speaking ability and cultural differences. Recipients of outreach services may include families, the public, primary care physicians, and others who are likely to come into contact with individuals who may be suffering from an untreated severe mental illness who would be likely to become homeless if the illness continued to be untreated for a substantial period of time. Outreach to adults may include adults voluntarily or involuntarily hospitalized as a result of a severe mental illness. -(C) Provision for services to meet the needs of persons who are physically disabled. -(D) Provision for services to meet the special needs of older adults. -(E) Provision for family support and consultation services, parenting support and consultation services, and peer support or self-help group support, if appropriate. -(F) Provision for services to be client-directed and to employ psychosocial rehabilitation and recovery principles. -(G) Provision for psychiatric and psychological services that are integrated with other services and for psychiatric and psychological collaboration in overall service planning. -(H) Provision for services specifically directed to seriously mentally ill young adults 25 years of age or younger who are homeless or at significant risk of becoming homeless. These provisions may include continuation of services that still would be received through other funds had eligibility not been terminated as a result of age. -(I) Services reflecting special needs of women from diverse cultural backgrounds, including supportive housing that accepts children, personal services coordinator therapeutic treatment, and substance treatment programs that address gender-specific trauma and abuse in the lives of persons with mental illness, and vocational rehabilitation programs that offer job training programs free of gender bias and sensitive to the needs of women. -(J) Provision for housing for clients that is immediate, transitional, permanent, or all of these. -(K) Provision for clients who have been suffering from an untreated severe mental illness for less than one year, and who do not require the full range of services, but who are at risk of becoming homeless unless a comprehensive individual and family support services plan is implemented. These clients shall be served in a manner that is designed to meet their needs. -(3) Each client shall have a clearly designated mental health personal services coordinator who may be part of a multidisciplinary treatment team that is responsible for providing or assuring needed services. Responsibilities include complete assessment of the client’s needs, development of the client’s personal services plan, linkage with all appropriate community services, monitoring of the quality and followthrough of services, and necessary advocacy to ensure each client receives those services that are agreed to in the personal services plan. Each client shall participate in the development of his or her personal services plan, and responsible staff shall consult with the designated conservator, if one has been appointed, and, with the consent of the client, shall consult with the family and other significant persons as appropriate. -(4) The individual personal services plan shall ensure that persons subject to assisted outpatient treatment programs receive age-appropriate, gender-appropriate, and culturally appropriate services, to the extent feasible, that are designed to enable recipients to: -(A) Live in the most independent, least restrictive housing feasible in the local community, and, for clients with children, to live in a supportive housing environment that strives for reunification with their children or assists clients in maintaining custody of their children as is appropriate. -(B) Engage in the highest level of work or productive activity appropriate to their abilities and experience. -(C) Create and maintain a support system consisting of friends, family, and participation in community activities. -(D) Access an appropriate level of academic education or vocational training. -(E) Obtain an adequate income. -(F) Self-manage their illnesses and exert as much control as possible over both the day-to-day and long-term decisions that affect their lives. -(G) Access necessary physical health care and maintain the best possible physical health. -(H) Reduce or eliminate serious antisocial or criminal behavior, and thereby reduce or eliminate their contact with the criminal justice system. -(I) Reduce or eliminate the distress caused by the symptoms of mental illness. -(J) Have freedom from dangerous addictive substances. -(5) The individual personal services plan shall describe the service array that meets the requirements of paragraph (4), and to the extent applicable to the individual, the requirements of paragraph (2). -(b) A county that provides assisted outpatient treatment services pursuant to this article also shall offer the same services on a voluntary basis. -(c) Involuntary medication shall not be allowed absent a separate order by the court pursuant to Sections 5332 to 5336, inclusive. -(d) A county that operates an assisted outpatient treatment program pursuant to this article shall provide data to the State Department of Health Care Services and, based on the data, the department shall report to the Governor and the Legislature on or before May 1 of each year regarding the services the county provides pursuant to this article. The report shall include, at a minimum, an evaluation of the effectiveness of the strategies employed by each program operated pursuant to this article in reducing homelessness and hospitalization of persons in the program and in reducing involvement with local law enforcement by persons in the program. The evaluation and report shall also include any other measures identified by the department regarding persons in the program and all of the following, based on information that is available: -(1) The number of persons served by the program and, of those, the number who are able to maintain housing and the number who maintain contact with the treatment system. -(2) The number of persons in the program with contacts with local law enforcement, and the extent to which local and state incarceration of persons in the program has been reduced or avoided. -(3) The number of persons in the program participating in employment services programs, including competitive employment. -(4) The days of hospitalization of persons in the program that have been reduced or avoided. -(5) Adherence to prescribed treatment by persons in the program. -(6) Other indicators of successful engagement, if any, by persons in the program. -(7) Victimization of persons in the program. -(8) Violent behavior of persons in the program. -(9) Substance abuse by persons in the program. -(10) Type, intensity, and frequency of treatment of persons in the program. -(11) Extent to which enforcement mechanisms are used by the program, when applicable. -(12) Social functioning of persons in the program. -(13) Skills in independent living of persons in the program. -(14) Satisfaction with program services both by those receiving them, and by their families, when relevant. -SEC. 2. -Section 5349.5 of the Welfare and Institutions Code is amended to read: -5349.5. -This article shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.","Existing law, the Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Laura’s Law, until January 1, 2017, grants each county the authority to offer certain assisted outpatient treatment services for their residents by adoption of a resolution or through the county budget process and by making a finding that no mental health program, as specified, may be reduced as a result of implementation. Under that law, participating counties are required to provide prescribed assisted outpatient services, including a service planning and delivery process, that are client-directed and employ psychosocial rehabilitation and recovery principles. Existing law authorizes participating counties to pay for the services provided from moneys distributed to the counties from various continuously appropriated funds, including the Local Revenue Fund and the Mental Health Services Fund when included in a county plan, as specified. Existing law requires the State Department of Health Care Services to submit a report and evaluation of all counties implementing any component of these provisions to the Governor and the Legislature by July 1, 2015. -This bill would extend the operation of the program until January 1, 2022, and would delete that reporting requirement. By extending the authorization to pay for the services using moneys from various continuously appropriated funds, the bill would make an appropriation. -Existing law requires a county that operates an assisted outpatient treatment program pursuant to these provisions to provide data to the department, and requires the department to report to the Legislature on or before May 1 of each year based on that data, as specified. -This bill would additionally require the department to report that information to the Governor.","An act to amend Sections 5348 and 5349.5 of the Welfare and Institutions Code, relating to mental health services, and making an appropriation therefor." -418,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6240 of the Business and Professions Code is amended to read: -6240. -For purposes of this article, the following definitions apply: -(a) “Immigration reform act” means either of the following: -(1) Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an authorized period, to attain a lawful status under federal law or to otherwise remain in the country. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted. -(2) The President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an approved period pursuant to a visa, to attain a lawful status under federal law or to otherwise remain in the country. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued. -(b) (1) “Immigration reform act services” means services offered in connection with an immigration reform act that are exclusively for the purpose of preparing an application and other related initial processes in order for an undocumented immigrant, who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an approved period pursuant to a visa, to attain a lawful status under federal law or to otherwise remain in the country. -(2) Immigration reform act services do not include services that have an independent value apart from the preparation of an application pursuant to an immigration reform act and other related initial processes, including, but not limited to, assisting a client in preventing removal from the United States, preventing any other adverse action related to the ability to remain in the United States, including pending legal action, and achieving postconviction relief from prior criminal convictions. -SEC. 2. -Section 6242 of the Business and Professions Code is amended to read: -6242. -(a) It is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following: -(1) An immigration reform act as defined in paragraph (1) of subdivision (a) of Section 6240, before the enactment of that act, when the relevant form or application is released or announced and is not subject to any pending legal action, or when the acceptance date of the relevant form or application has been announced, whichever is sooner. -(2) (A) Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests. -(B) Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests. -(C) Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available. -(b) Any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds or placed into a client trust account, which must be returned or utilized under the provisions of the act amending this subdivision no later than January 20, 2017. -(c) (1) If an attorney providing immigration reform act services accepted funds for immigration reform act services prior to the effective date of this amendment to this section, and the services to be performed in connection with payment of those funds were rendered, the attorney shall promptly, but no later than 30 days after the effective date of this amendment to this section, provide the client with a statement of accounting describing the services rendered. -(2) (A) Any funds received before the effective date of this amendment to this section for which immigration reform act services were not rendered prior to the effective date of this amendment to this section shall be either refunded to the client or deposited in a client trust account. -(B) If an attorney deposits funds in a client trust account pursuant to this paragraph, he or she shall provide a written notice, in both English and the client’s native language, informing the client of the following: -(i) That there are no benefits or relief available, and that no application for such benefits or relief may be processed, until enactment or implementation of an immigration reform act and the related necessary federal regulations or forms, and that, commencing with the effective date of this amendment to this section, it is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment or implementation of an immigration reform act. -(ii) That he or she may report complaints to the Executive Office for Immigration Review of the United States Department of Justice, to the State Bar of California, or to the bar of the court of any state, possession, territory, or commonwealth of the United States or of the District of Columbia where the attorney is admitted to practice law. The notice shall include the toll-free telephone numbers and Internet Web sites of those entities. -SEC. 3. -Section 22442.5 of the Business and Professions Code is amended to read: -22442.5. -(a) An immigration consultant who provides immigration reform act services shall establish and deposit into a client trust account any funds received from a client prior to performing those services for that client. -(b) For purposes of this section, the following definitions apply: -(1) “Immigration reform act” means either of the following: -(A) Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted. -(B) The President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued. -(2) “Immigration reform act services” means services described in Section 22441 that are provided in connection with an immigration reform act. -(c) The immigration consultant providing immigration reform act services for the client may withdraw funds received from that client only in compliance with either of the following: -(1) After completing one or more of the itemized services described in paragraph (1) of subdivision (b) of Section 22442, and only in the amount identified as the cost of that service or those services pursuant to paragraph (2) of subdivision (b) of Section 22442. -(2) After completing one or more of the documents listed, and only in the amounts listed, pursuant to paragraph (4) of subdivision (b) of Section 22442. -SEC. 4. -Section 22442.6 of the Business and Professions Code is amended to read: -22442.6. -(a) It is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following: -(1) An immigration reform act as defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 22442.5, before the enactment of that act. -(2) (A) Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests. -(B) Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests. -(C) Requests for Expanded Provisional Waivers of Unlawful Presence under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the issuance and effective date of new guidelines and regulations for those provisional waivers. -(D) Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available. -(b) Any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds. -(c) (1) If an immigration consultant providing immigration reform act services accepted funds prior to the effective date of this amendment to this section, and the services provided in connection with payment of those funds were rendered, the consultant shall promptly, but no later than 30 days after the effective date of this amendment to this section, provide the client with a statement of accounting describing the services rendered. -(2) (A) Any funds received before the effective date of this amendment to this section for which immigration reform act services were not rendered prior to the effective date of this amendment to this section shall either be refunded to the client or shall be deposited in a client trust account pursuant to Section 22442.5. -(B) If an immigration consultant deposits funds in a client trust account pursuant to this paragraph, he or she shall comply with all applicable provisions of this chapter, including Section 22442, and shall provide to the client a written notice, in both English and in the client’s native language, that there are no benefits or relief available, that no application for such benefits or relief may be processed until enactment or implementation of an immigration reform act and the related necessary federal regulations and forms, and that commencing with the effective date of this amendment to this section, it is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment or implementation of an immigration reform act. -(d) (1) In addition to the remedies and penalties prescribed in this chapter, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney. -(2) In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following: -(A) The nature and severity of the misconduct. -(B) The number of violations. -(C) The length of time over which the misconduct occurred, and the persistence of the misconduct. -(D) The willfulness of the misconduct. -(E) The defendant’s assets, liabilities, and net worth. -(3) If the Attorney General brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If a district attorney brings the action, the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If a city attorney brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered. -(4) The court shall grant a prevailing plaintiff reasonable attorneys’ fees and costs. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 6. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to implement measures as quickly as possible and as necessary to prevent fraud on immigrants by attorneys and other persons by making promises of benefits and relief under pending and proposed federal immigration reform acts before their enactment or before their relief and remedies become available, it is necessary that this act take effect immediately.","Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law prohibits an attorney from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, that is enacted after October 5, 2013, and before January 1, 2017, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law requires the State Bar to provide specified information relating to immigration reform act services on its Internet Web site. -This bill would revise the definition of an immigration reform act to include any immigration reform act enacted after October 5, 2013, the President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an approved period, to attain a lawful status under federal law or to otherwise remain in the country. This bill would require the State Bar to announce and post on its Internet Web site when an executive action or order described above has been issued. This bill would provide that it is unlawful for an attorney to demand or accept the advance payment of any funds for immigration reform act services in connection with requests for expanded Deferred Action for Childhood Arrivals, requests for Deferred Action for Parents of Americans and Lawful Permanent Residents, or other future relief, as provided, under federal law. This bill would also provide that an advance payment of funds for immigration reform act services may be placed into a client trust account, as specified. -Existing law provides for the regulation of a person engaged in the business or acting in the capacity of an immigration consultant, and provides that a violation of these provisions is a crime. Existing law requires an immigration consultant to establish a client trust account and to deposit in this account any funds received from the client prior to performing immigration reform act services, as defined, for that client. Existing law prohibits an immigration consultant from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, that is enacted after October 5, 2013, and before January 1, 2017, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law prescribes civil penalties, not to exceed $1,000 per day for each violation, for immigration consultants who violate these provisions. -This bill would revise the definition of an immigration reform act to include any immigration reform act enacted after October 5, 2013, the President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. This bill would require the State Bar to announce and post on its Internet Web site when an executive action or order described above has been issued. This bill would provide that it is unlawful for an immigration consultant to demand or accept the advance payment of any funds for immigration reform act services in connection with requests for expanded Deferred Action for Childhood Arrivals, requests for Deferred Action for Parents of Americans and Lawful Permanent Residents, expanded Provisional Waivers of Unlawful Presence, or other future relief, as provided, under federal law. -Because a violation of these provisions by an immigration consultant would be a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 6240, 6242, 22442.5, and 22442.6 of the Business and Professions Code, relating to immigration services, and declaring the urgency thereof, to take effect immediately." -419,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1464 of the Penal Code is amended to read: -1464. -(a) (1) Subject to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and except as otherwise provided in this section, there shall be levied a state penalty in the amount of ten dollars ($10) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including all offenses, except parking offenses as defined in subdivision (i) of Section 1463, involving a violation of a section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. -(2) Any bail schedule adopted pursuant to Section 1269b or bail schedule adopted by the Judicial Council pursuant to Section 40310 of the Vehicle Code may include the necessary amount to pay the penalties established by this section and Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and the surcharge authorized by Section 1465.7, for all matters where a personal appearance is not mandatory and the bail is posted primarily to guarantee payment of the fine. -(3) The penalty imposed by this section does not apply to the following: -(A) Any restitution fine. -(B) Any penalty authorized by Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code. -(C) Any parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. -(D) The state surcharge authorized by Section 1465.7. -(b) Where multiple offenses are involved, the state penalty shall be based upon the total fine or bail for each case. When a fine is suspended, in whole or in part, the state penalty shall be reduced in proportion to the suspension. -(c) When any deposited bail is made for an offense to which this section applies, and for which a court appearance is not mandatory, the person making the deposit shall also deposit a sufficient amount to include the state penalty prescribed by this section for forfeited bail. If bail is returned, the state penalty paid thereon pursuant to this section shall also be returned. -(d) In any case where a person convicted of any offense, to which this section applies, is in prison until the fine is satisfied, the judge may waive all or any part of the state penalty, the payment of which would work a hardship on the person convicted or his or her immediate family. -(e) After a determination by the court of the amount due, the clerk of the court shall collect the penalty and transmit it to the county treasury. The portion thereof attributable to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code shall be deposited in the appropriate county fund and 70 percent of the balance shall then be transmitted to the State Treasury, to be deposited in the State Penalty Fund, which is hereby created, and 30 percent to remain on deposit in the county general fund. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by a county. -(f) The moneys so deposited in the State Penalty Fund shall be distributed as follows: -(1) Once a month there shall be transferred into the Fish and Game Preservation Fund an amount equal to 0.33 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month, except that the total amount shall not be less than the state penalty levied on fines or forfeitures for violation of state laws relating to the protection or propagation of fish and game. These moneys shall be used for the education or training of department employees which fulfills a need consistent with the objectives of the Department of Fish and -Game -Wildlife -. -(2) Once a month there shall be transferred into the Restitution Fund an amount equal to 32.02 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. Those funds shall be made available in accordance with Section 13967 of the Government Code. -(3) Once a month there shall be transferred into the Peace Officers’ Training Fund an amount equal to 23.99 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. -(4) Once a month there shall be transferred into the -Driver Training Penalty Assessment Fund -Body-worn Camera F -und -an amount equal to 25.70 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. -(5) Once a month there shall be transferred into the Corrections Training Fund an amount equal to 7.88 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. Money in the Corrections Training Fund is not continuously appropriated and shall be appropriated in the Budget Act. -(6) Once a month there shall be transferred into the Local Public Prosecutors and Public Defenders Training Fund established pursuant to Section 11503 an amount equal to 0.78 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. The amount so transferred shall not exceed the sum of eight hundred fifty thousand dollars ($850,000) in any fiscal year. The remainder in excess of eight hundred fifty thousand dollars ($850,000) shall be transferred to the Restitution Fund. -(7) Once a month there shall be transferred into the Victim-Witness Assistance Fund an amount equal to 8.64 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. -(8) (A) Once a month there shall be transferred into the Traumatic Brain Injury Fund, created pursuant to Section 4358 of the Welfare and Institutions Code, an amount equal to 0.66 percent of the state penalty funds deposited into the State Penalty Fund during the preceding month. However, the amount of funds transferred into the Traumatic Brain Injury Fund for the 1996–97 fiscal year shall not exceed the amount of five hundred thousand dollars ($500,000). Thereafter, funds shall be transferred pursuant to the requirements of this section. Notwithstanding any other provision of law, the funds transferred into the Traumatic Brain Injury Fund for the 1997–98, 1998–99, and 1999–2000 fiscal years, may be expended by the State Department of Mental Health, in the current fiscal year or a subsequent fiscal year, to provide additional funding to the existing projects funded by the Traumatic Brain Injury Fund, to support new projects, or to do both. -(B) Any moneys deposited in the State Penalty Fund attributable to the assessments made pursuant to subdivision (i) of Section 27315 of the Vehicle Code on or after the date that Chapter 6.6 (commencing with Section 5564) of Part 1 of Division 5 of the Welfare and Institutions Code is repealed shall be utilized in accordance with paragraphs (1) to (8), inclusive, of this subdivision. -SECTION 1. -SEC. 2. -Title 14 (commencing with Section 14400) is added to Part 4 of the Penal Code, to read: -TITLE 14. Body-Worn Camera -Matching -Grant Program for Local Law Enforcement -14400. -The -Department of Justice -Board of State and Community Corrections -shall develop a -matching -grant program for the purpose of -matching federal -making -funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment -, and to hire personnel necessary to operate a local body-worn camera program -. -The matching grant program shall allow the state either to apply for federal matching funds on behalf of a local law enforcement entity, or to reimburse a local law enforcement entity that has expended its funds for federal matching fund purposes. -14402. -The state matching grant program shall comport with requirements of the federal matching fund program for purposes of purchasing body-worn cameras for use by local peace officers. -14402. -The Body-worn Camera Fund is hereby created. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the Board of State and Community Corrections for the purposes of Section 14400. -14404. -If federal funds become available for the purpose of purchasing body-worn cameras and related equipment for local law enforcement, the Board of State and Community Corrections shall adjust the grant program to maximize state and local competitiveness in obtaining federal funds, and the board shall either apply for federal funds on behalf of a local law enforcement agency, or reimburse a local law enforcement agency that has expended funds for federal funds purposes. -SEC. 2. -There is hereby appropriated from the General Fund to the Department of Justice, the amount of ____ dollars ($____) for the purpose of matching federal funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment.","Existing law generally requires local agencies to provide each newly hired police officer and deputy sheriff with a pistol and other specified equipment. -This bill would appropriate an unspecified sum from the General Fund to the Department of Justice for purposes of matching federal funds available to purchase body-worn cameras and related equipment for use by local peace officers. The bill would require the department to develop a matching grant program for local jurisdictions that would either allow the state to apply for federal matching funds on behalf of a local law enforcement entity, or to reimburse a local law enforcement entity that has expended its funds for purposes of obtaining federal matching funds for body-worn cameras, as described. -This bill would require the Board of State and Community Corrections to develop a grant program to make funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment, and to hire personnel necessary to operate a local body-worn camera program. The bill would create the Body-worn Camera Fund, that would continuously appropriate funds to the board for those purposes. -Existing law creates the State Penalty Fund into which moneys collected by the courts from the imposition of fines, forfeitures, or penalties on criminal offenses are deposited. Once a month, certain percentages of money in that fund are transferred into other funds, including, among others, the Driver Training Penalty Assessment Fund. -This bill would delete the transfer requirement for the Driver Training Penalty Assessment Fund and instead require a transfer to the Body-worn Camera Fund. -By transferring general fund moneys into a continuously appropriated fund, this bill would make an appropriation.","An act to -amend Section 1464 of, and to -add Title 14 (commencing with Section 14400) to Part 4 of the Penal Code, relating to peace officers, and making an appropriation therefor." -420,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 832.18 is added to the Penal Code, to read: -832.18. -(a) It is the intent of the Legislature to establish policies and procedures to address issues related to the downloading and storage data recorded by a body-worn camera worn by a peace officer. These policies and procedures shall be based on best practices. -(b) When establishing policies and procedures for the implementation and operation of a body-worn camera system, law enforcement agencies, departments, or entities shall consider the following best practices regarding the downloading and storage of body-worn camera data: -(1) Designate the person responsible for downloading the recorded data from the body-worn camera. If the storage system does not have automatic downloading capability, the officer’s supervisor should take immediate physical custody of the camera and should be responsible for downloading the data in the case of an incident involving the use of force by an officer, an officer-involved shooting, or other serious incident. -(2) Establish when data should be downloaded to ensure the data is entered into the system in a timely manner, the cameras are properly maintained and ready for the next use, and for purposes of tagging and categorizing the data. -(3) Establish specific measures to prevent data tampering, deleting, and copying, including prohibiting the unauthorized use, duplication, or distribution of body-worn camera data. -(4) Categorize and tag body-worn camera video at the time the data is downloaded and classified according to the type of event or incident captured in the data. -(5) Specifically state the length of time that recorded data is to be stored. -(A) Unless subparagraph (B) or (C) applies, nonevidentiary data including video and audio recorded by a body-worn camera should be retained for a minimum of 60 days, after which it may be erased, destroyed, or recycled. An agency may keep data for more than 60 days to have it available in case of a citizen complaint and to preserve transparency. -(B) Evidentiary data including video and audio recorded by a body-worn camera under this section should be retained for a minimum of two years under any of the following circumstances: -(i) The recording is of an incident involving the use of force by a peace officer or an officer-involved shooting. -(ii) The recording is of an incident that leads to the detention or arrest of an individual. -(iii) The recording is relevant to a formal or informal complaint against a law enforcement officer or a law enforcement agency. -(C) If evidence that may be relevant to a criminal prosecution is obtained from a recording made by a body-worn camera under this section, the law enforcement agency should retain the recording for any time in addition to that specified in paragraphs (A) and (B), and in the same manner as is required by law for other evidence that may be relevant to a criminal prosecution. -(D) In determining a retention schedule, the agency should work with its legal counsel to determine a retention schedule to ensure that storage policies and practices are in compliance with all relevant laws and adequately preserve evidentiary chains of custody. -(E) Records or logs of access and deletion of data from body-worn cameras should be retained permanently. -(6) State where the body-worn camera data will be stored, including, for example, an in-house server which is managed internally, or an online cloud database which is managed by a third-party vendor. -(7) If using a third-party vendor to manage the data storage system, the following factors should be considered to protect the security and integrity of the data: -(A) Using an experienced and reputable third-party vendor. -(B) Entering into contracts that govern the vendor relationship and protect the agency’s data. -(C) Using a system that has a built-in audit trail to prevent data tampering and unauthorized access. -(D) Using a system that has a reliable method for automatically backing up data for storage. -(E) Consulting with internal legal counsel to ensure the method of data storage meets legal requirements for chain-of-custody concerns. -(F) Using a system that includes technical assistance capabilities. -(8) Require that all recorded data from body-worn cameras are property of their respective law enforcement agency and shall not be accessed or released for any unauthorized purpose, explicitly prohibit agency personnel from accessing recorded data for personal use and from uploading recorded data onto public and social media Internet Web sites, and include sanctions for violations of this prohibition. -(c) (1) For purposes of this section, “evidentiary data” refers to data of an incident or encounter that could prove useful for investigative purposes, including, but not limited to, a crime, an arrest or citation, a search, a use of force incident, or a confrontational encounter with a member of the public. The retention period for evidentiary data are subject to state evidentiary laws. -(2) For purposes of this section, “nonevidentiary data” refers to data that does not necessarily have value to aid in an investigation or prosecution, such as data of an incident or encounter that does not lead to an arrest or citation, or data of general activities the officer might perform while on duty. -(d) Nothing in this section shall be interpreted to limit the public’s right to access recorded data under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).","Existing law makes it a crime to intentionally record a confidential communication without the consent of all parties to the communication. Existing law exempts specified peace officers from that provision if they are acting within the scope of their authority. -This bill would require law enforcement agencies to consider specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras, including, among other things, prohibiting the unauthorized use, duplication, or distribution of the data, and establishing storage periods for evidentiary and nonevidentiary data, as defined.","An act to add Section 832.18 to the Penal Code, relating to peace officers." -421,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares as follows: -(a) On February 27, 2014, the President of the United States launched the My Brother’s Keeper initiative to address persistent opportunity gaps faced by boys and young men of color and to ensure that all young people can reach their full potential. -(b) The My Brother’s Keeper Task Force recognizes that challenges facing boys and young men of color affect others as well and that it is important to break down barriers wherever they exist and to identify means of creating ladders of opportunity for all. -(c) The My Brother’s Keeper Task Force was established to develop a coordinated federal effort to significantly improve the expected life outcomes for boys and young men of color, including Black Americans, Hispanic Americans, and Native Americans, and to improve their contributions to the nation’s prosperity, so that all youth have an equal opportunity at achieving the American dream. -(d) The My Brother’s Keeper Task Force noted that significant diversity exists within and among boys and men of color as a segment of the population. Differences of language status, income, disability, sexual orientation, and many other factors influence the identity and experience of these young people, just as with any other population. -(e) My Brother’s Keeper is focused on the following milestones: (1) getting a healthy start and entering school ready to learn; (2) reading at grade level by third grade; (3) graduating from high school ready for college and career; (4) completing postsecondary education or training; (5) successfully entering the workforce; and (6) keeping kids on track and giving them second chances. -(f) The My Brother’s Keeper Task Force Report to the President (May 2014) cites numerous areas in which boys and men of color consistently experience disproportionately negative outcomes. These areas include living in poverty, living without a male parent in the household, high school dropout rates, unemployment, death by homicide, and imprisonment. -(g) The My Brother’s Keeper Task Force has identified initial recommendations and areas of opportunity at each of these key milestones or “focus areas.” The task force has also identified several cross-cutting areas of opportunity that span all focus areas. -(h) The recommendations in the My Brother’s Keeper Task Force Report to the President inform and influence California policy and California’s compliance with those recommendations makes the state more competitive for federal funding and strengthens its economic competitiveness. -(i) Our state’s future prosperity and health depend on all Californians having a fair chance to thrive and succeed. One of the best investments we can make is to be certain we do everything possible to help young people become healthy, productive adults. As California becomes more diverse, we must nurture and harness the talents, skills, and hopes of young people of color — boys and young men in particular. -(j) The Department of Finance projects California’s population of boys and men of color will increasingly represent a growing percentage of the state's male population, reaching close to 80 percent for boys and men of color compared to 20 percent for non-Hispanic white males by 2050. -(k) The Assembly Select Committee on the Status of Boys and Men of Color in California has recognized that boys and young men of color are in jeopardy, and this poses a serious threat to California’s economic strength and competitiveness. -(l) The Assembly Select Committee on the Status of Boys and Men of Color’s policy framework emphasizes the following issues: (1) health and safety; (2) education; (3) juvenile justice; (4) employment and wealth; and (5) youth development. Related issues that have been recommended for expansion of the committee’s work include higher education, immigration, and housing. -(m) Community and youth leaders from across the state have taken a significant interest in partnering with government and systems leaders through the Alliance for Boys and Men of Color in order to improve the health and success of our state’s young people of color. -SEC. 2. -Chapter 3.4 (commencing with Section 8265) is added to Division 1 of Title 2 of the Government Code, to read: -CHAPTER 3.4. Interagency Task Force on the Status of Boys and Men of Color -8265. -(a) (1) There is in state government the Interagency Task Force on the Status of Boys and Men of Color, which shall serve as a support mechanism for department, agency, and systems leaders by taking coordinated action in meeting the myriad of challenges facing boys and men of color, and assisting the respective departments and agencies in more successfully improving life outcomes for this population. -(2) It is the intent of the Legislature that the task force include participation from a core set of department, agency, and systems leaders with discretion and responsibility for policy areas of primary importance to the fulfillment of the Final Report and Policy Platform for State Action (2012–18) of the Assembly Select Committee on the Status of Boys and Men in California. -(b) The task force shall be comprised of the following 20 members: -(1) One Member of the Senate, appointed by the Senate Committee on Rules, and one Member of the Assembly, appointed by the Speaker of the Assembly, as ex officio, nonvoting members, and to the extent that participation is not incompatible with their position as Members of the Legislature. -(2) The Superintendent of Public Instruction, or his or her designee. -(3) The President of the University of California, or his or her designee. -(4) The Chancellor of the California State University, or his or her designee. -(5) The Chancellor of the California Community Colleges, or his or her designee. -(6) The Secretary of California Health and Human Services, or his or her designee. -(7) The State Public Health Officer, or his or her designee. -(8) The Deputy Director of the Office of Health Equity, or his or her designee. -(9) The Secretary of Business, Consumer Services, and Housing, or his or her designee. -(10) The Secretary of Labor and Workforce Development, or his or her designee. -(11) The Director of Employment Development, or his or her designee. -(12) The Executive Director of the California Workforce Investment Board, or his or her designee. -(13) The Chair of the California Workforce Investment Board, or his or her designee. -(14) The Secretary of Transportation, or his or her designee. -(15) The Director of Finance, or his or her designee. -(16) The Attorney General, or his or her designee. -(17) The Secretary of the Department of Corrections and Rehabilitation, or his or her designee. -(18) The Chair of the Board of State and Community Corrections, or his or her designee. -(19) The Chief Justice of California, or his or her designee. -(c) The task force shall elect one of its members to serve as chair of the task force. Desirable qualifications for the position of chair shall include, but not be limited to, all of the following: -(1) He or she should possess a broad and deep understanding of the issues facing boys and men of color. -(2) He or she should be a political appointee with a senior leadership role either leading a department or agency or managing a significant and pertinent body of work. -(3) He or she should have a demonstrated strong and positive working relationship with the members of the Legislature and the Governor. -(d) All members of the task force shall hold office until the appointment of their successors. -8266. -Meetings of the task force shall be subject to the Bagley-Keene Open Meetings Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3). -8267. -The task force shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, all of the following: -(a) To employ any administrative, technical, or other personnel necessary for the performance of its powers and duties. -(b) To hold hearings, make and sign any agreements, and to do or perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter. -(c) To cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of the state to facilitate the task force properly to carry out its powers and duties. -(d) To appoint advisers or advisory committees from time to time when the task force determines that the experience or expertise of the advisers or advisory committees is needed for projects of the task force. Section 11009 shall apply to these advisers or advisory committees. -(e) To accept any federal funds granted, by act of Congress or by executive order, for all or any of the purposes of this chapter. -(f) To accept any gifts, donations, grants, or bequests for all or any of the purposes of this chapter. -8268. -(a) Within six months after the effective date of this chapter, the task force shall complete all of the following requirements: -(1) Assess existing department and agency programs that align with the priorities outlined in the May 2014 My Brother’s Keeper Task Force Report to the President. Based on this assessment, the task force shall identify state opportunities to partner and coordinate with the work of the federal My Brother’s Keeper Task Force. -(2) Assess the Governor’s Budget to identify those areas in which the budget priorities are in alignment with the objectives of the task force. -(3) Review the action plan of the Final Report and Policy Platform for State Action (2012–18) of the Assembly Select Committee on the Status of Boys and Men of Color in California, and identify ambitious state goals for boys and men of color, as well as barriers to achieving desired results. -(b) Upon completion of the requirements in subdivision (a), the long-term, ongoing responsibilities of the task force shall include all of the following: -(1) Assessing state policies, regulations, and programs with respect to boys and men of color, and the development of proven and promising strategies to enhance positive outcomes and eliminate or mitigate negative outcomes. -(2) Preparing population and agency-specific data on boys and men of color in California. The task force shall aggregate the data and make it publicly available in a manner that does not reveal personally identifiable information or otherwise conflict with federal or state privacy laws. -(3) Serving as a liaison to departments and agencies by ensuring engagement and partnership with other public, nonprofit, and philanthropic entities among the various member agencies and with the task force as a whole, and recommend ways to strengthen partnerships with external leaders advancing strategies relevant to boys and men of color. -(c) The first meeting of the task force shall be convened on or before January 31, 2016. Subsequently, the task force shall convene on no less than a quarterly basis to assess progress on its ongoing responsibilities pursuant to subdivision (b), and to provide support and ensure coordination across agencies. -(d) (1) Notwithstanding Section 10231.5, the task force shall prepare and submit to the Legislature an annual report on department and agency findings pursuant to this section. The task force shall also report these findings at the Assembly Select Committee on the Status of Boys and Men of Color in California’s annual hearing on the status of advancing the committee priorities and policies. -(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795. -8269. -With respect to its duties under Section 8268, the task force shall be an advisory body only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the task force without further legislation that specifically authorizes that the evaluations, determinations, and findings of the task force be implemented. -8269.5 -The Boys and Men of Color Task Force Fund is hereby created as a fund in the State Treasury to carry out this chapter in support of the task force, upon appropriation by the Legislature. Subject to the approval of the Department of Finance, all moneys collected or received by the task force from gifts, bequests, or donations shall be deposited in the State Treasury to the credit of the Boys and Men of Color Task Force Fund in accordance with the terms of the gift or donation from which the moneys are derived and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code. -8269.7. -This chapter shall remain in effect only until January 1, 2026, and as of that date is repealed.","The California Constitution prohibits a person from being deprived of life, liberty, or property without due process of law, or from being denied equal protection of the laws. The United States Constitution prohibits a state from denying to any person within its jurisdiction the equal protection of the laws. Existing law establishes various advisory boards and commissions in state government with specified duties and responsibilities. -The federal My Brother’s Keeper Initiative, launched by the President of the United States in February 2014, required the establishment of the My Brother’s Keeper Task Force, an interagency effort to improve the expected educational and life outcomes for and address the persistent opportunity gaps faced by boys and young men of color in the United States. -This bill would establish until January 1, 2026, the Interagency Task Force on the Status of Boys and Men of Color, a multiagency advisory body that would serve as a support mechanism for department agency and systems leaders by taking coordinated action in meeting the myriad of challenges facing boys and men of color in California, and assisting the respective departments and agencies in more successfully improving life outcomes for this population. The membership of the task force would include members of the Legislature, as well as representatives of specified agencies, departments, and private entities. The bill would set forth the initial and ongoing responsibilities of the task force, including, among others, an assessment of state program alignment with the objectives of the My Brother’s Keeper program, review the action plan of a specified final report of the Assembly Select Committee on the Status of Boys and Men of Color in California, and an assessment of the development of strategies to enhance positive outcomes and eliminate or mitigate negative outcomes for boys and men of color in the state. The bill would establish the Boys and Men of Color Task Force Fund, which would be subject to appropriation by the Legislature, to carry out the bill’s requirements in support of the task force, upon appropriation by the Legislature. The bill would authorize the task force to accept federal funds, gifts, donations, grants, or bequests for all or any of its purposes.","An act to add and repeal Chapter 3.4 (commencing with Section 8265) to Division 1 of Title 2 of the Government Code, relating to state government." -422,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California has one of the lowest Selective Service System registration compliance rates in the nation. -(b) Males who are between 18 and 26 years of age who fail to register with the Selective Service System, as required by federal law, face possible federal penalties and loss of federal benefits, including student financial assistance, federal employment, such as employment with the United States Postal Service, job training under the federal Workforce Investment Act (29 U.S.C. Sec. 2801 et seq.), and citizenship for immigrants. -(c) California law requires selective service registration for state student financial aid, including Cal grants and financial aid for immigrants under the California Dream Act. -(d) The failure of young men to register with the federal Selective Service System has resulted in the lifetime loss of over $100,000,000 in potential benefits over the last three years for young men in California. -(e) Forty states, four territories, and the District of Columbia have enacted legislation related to the issuance of a driver’s license in support of the federal Selective Service System registration. Most of these jurisdictions have selected optional registration consistent with the program design in this act. -(f) To promote the fairness and equity of any future draft, to ensure that important benefits associated with the registration requirement are not lost, and to promote compliance with federal law, the driver’s license application process should be revised so that every male applicant for an original driver’s license who is between 18 and 26 years of age may consent to his registration with the federal Selective Service System, as required by federal law. -SEC. 2. -Section 12801.3 is added to the Vehicle Code, to read: -12801.3. -(a) The department shall require an application for an original driver’s license to include, in a place deemed appropriate by the department, all of the following: -(1) The following statement and a line by the statement for the applicant’s signature: - - -“I am a man between 18 and 26 years of age and I consent to registration with the Selective Service System. I understand that my consent to registration with the Selective Service System is not necessary in order to be granted a driver’s license.” - - -(2) A notice indicating the following: - - -“Selective Service System Registration -Males between the ages 18 and 26 are required by federal law to register with the Selective Service System. Failure to register will result in ineligibility for federal and state student loans and grants, federal job training benefits, federal employment, state and local law enforcement employment, and United States citizenship for male immigrants seeking citizenship. Failure to register is also punishable by up to five years imprisonment and a $250,000 fine.” - - -(3) A notice indicating the following: - - -“For applicants who object to conventional military service for religious or other conscientious reasons, alternative service information is available from the federal Selective Service System Internet Web site: http://www.sss.gov/FSaltsvc.htm” - - -(b) Notwithstanding any other law, a person who is required to be registered under the federal Military Selective Service Act (50 U.S.C. App. Sec. 451 et seq.) and who submits an application for an original driver’s license with his signature on the line described in paragraph (1) of subdivision (a) is deemed to have consented to registration with the federal Selective Service System and the submission of that application shall establish a conclusive presumption that the person has authorized the department to forward to the federal Selective Service System the necessary information for the federal Selective Service System to register him. -(c) The department shall not forward to the federal Selective Service System the personal information of a person who did not consent to registration, except that the department may provide to the federal Selective Service System personal information that is provided in accordance with a memorandum of understanding between the department and the federal Selective Service System for the purpose of that memorandum of understanding. -(d) The department shall, at least monthly, forward to the federal Selective Service System, in an electronic format, the necessary personal information required for the registration of a person who has consented to registration. -(e) (1) (A) This section shall be implemented by the department only if both of the following conditions are satisfied: -(i) Federal funding in an amount sufficient to pay for all implementation and first year operating costs has been provided. -(ii) The federal Selective Service System executes a memorandum of understanding with the department that includes an agreement that the federal Selective Service System shall not refer any personal information submitted to it by the department to the U.S. Immigration and Customs Enforcement for any purpose. -(B) On or before June 30, 2016, the Director of Motor Vehicles shall do all of the following: -(i) Determine whether the conditions specified in subparagraph (A) are satisfied. -(ii) Execute a declaration stating his or her determination of whether the conditions specified in subparagraph (A) are satisfied. The declaration shall state that it is being made pursuant to this section. -(iii) Retain the declaration and provide a copy within five working days of the execution of the declaration to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, the Legislative Counsel, and the federal Selective Service System. -(iv) Post a copy of the declaration on the department’s Internet Web site. -(2) Subject to paragraph (1), the department shall implement subdivisions (a) to (d), inclusive, of this section on or before January 31, 2017.","Existing law establishes the practices and procedures for the issuance of an original or a renewal of a driver’s license. The federal Military Selective Service Act requires specified persons to register with the federal Selective Service System. -This bill would permit a person who is required to register under the federal act to consent to registration with the federal Selective Service System by affirming his consent to that registration at a specified location on his application for a driver’s license. The bill would require the Department of Motor Vehicles to include specified notices on an application for an original driver’s license and would require the department, at least monthly, to forward the necessary personal information required for registration to the federal Selective Service System in an electronic format. -This bill would require the Department of Motor Vehicles to implement the provisions of this bill by a certain date only if federal funding in an amount sufficient to pay for implementation and first-year operating costs has been provided and the federal Selective Service System executes a memorandum of understanding with the department, as specified.","An act to add Section 12801.3 to the Vehicle Code, relating to vehicles." -423,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 50408 of the Health and Safety Code is amended to read: -50408. -(a) On or before December 31 of each year, the department shall submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, including, but not limited to, the Emergency Housing and Assistance Program and Community Development Block Grant activity. -(b) The report shall include all of the following information: -(1) The number of units assisted by those programs. -(2) The number of individuals and households served and their income levels. -(3) The distribution of units among various areas of the state. -(4) The amount of other public and private funds leveraged by the assistance provided by those programs. -(5) Information detailing the assistance provided to various groups of persons by programs that are targeted to assist those groups. -(6) The information required to be reported pursuant to Section 17031.8. -(7) An evaluation, in collaboration with the Department of Veterans Affairs, of any program established by the department pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code. -(8) An evaluation of any program established by the department to meet the legal requirements of the Federal Housing Trust Fund program guidelines. -SEC. 1.5. -Section 50408 of the Health and Safety Code is amended to read: -50408. -(a) On or before December 31 of each year, the department shall submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, including, but not limited to, the Emergency Housing and Assistance Program and Community Development Block Grant activity. -(b) The report shall include all of the following information: -(1) The number of units assisted by those programs. -(2) The number of individuals and households served and their income levels. -(3) The distribution of units among various areas of the state. -(4) The amount of other public and private funds leveraged by the assistance provided by those programs. -(5) Information detailing the assistance provided to various groups of persons by programs that are targeted to assist those groups. -(6) The information required to be reported pursuant to Section 17031.8. -(7) (A) An evaluation, in collaboration with the Department of Veterans Affairs, of any program established by the department pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code, including information relating to the effectiveness of assisted projects in helping veterans occupying any supportive housing or transitional housing development that was issued funds pursuant to that article. -(B) The evaluation shall inclspecific information including, but not limited to, disability ratings, type of discharge, branch, era of service, and veterans affairs health care eligibility. -(8) An evaluation of any program established by the department to meet the legal requirements of the Federal Housing Trust Fund program guidelines. -SEC. 2. -Chapter 6.8 (commencing with Section 50676) is added to Part 2 of Division 31 of the Health and Safety Code, to read: -CHAPTER 6.8. Federal Housing Trust Fund -50676. -(a) The department is hereby designated as the state agency responsible for administering funds received by the state from the federal Housing Trust Fund pursuant to the Housing and Economic Recovery Act of 2008 (Public Law 110-289), and implementing federal regulations. -(b) The department shall administer the funds through any existing or newly created programs that produce, preserve, rehabilitate, or support the operation of rental housing for extremely low income and very low income households, except that up to 10 percent of funding may be used to support home ownership for extremely low income and very low income households. Any rental project funded from the federal Housing Trust Fund shall restrict affordability for 55 years through a recorded and enforceable affordability covenant. Any home ownership program funded from the federal Housing Trust Fund shall restrict affordability for 30 years through either a recorded and enforceable affordability covenant or a recorded and enforceable equity recapture agreement. -(c) The department shall collaborate with the California Housing Finance Agency to develop an allocation plan to demonstrate how the funds shall be distributed, based on the priority housing needs identified in the state’s consolidated plan prepared in accordance with Part 91 (commencing with Section 91.1) of Subtitle A of Title 24 of the Code of Federal Regulations. The department shall submit the plan to the Assembly Committee on Housing and Community Development and the Senate Transportation and Housing Committee 30 days after receipt of the federal funds. -(d) The allocation plan and guidelines shall give priority to projects based on: -(1) Geographic diversity. -(2) The extent to which rents are affordable, especially to extremely low income households. -(3) The merits of a project. -(4) Applicants readiness. -(5) The extent to which projects will use nonfederal funds. -50676.1. -(a) The departments shall convene a stakeholder process to inform the development of the allocation plan. Stakeholders represented shall include, but not be limited to, organizations that provide rental housing for extremely low income households and very low income households or assist extremely low income households and very low income households to become homeowners. -(b) The department may adopt, amend, or repeal guidelines to implement this chapter. Any guidelines adopted to implement this chapter shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. -SEC. 3. -Section 1.5 of this bill incorporates amendments to Section 50408 of the Health and Safety Code proposed by both this bill and Assembly Bill 388. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 50408 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 388, in which case Section 1 of this bill shall not become operative.","Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency. The department is responsible for administering various housing and home loan programs throughout the state. Existing law also establishes the California Housing Finance Agency within the department, and provides that the primary purpose of the agency is to meet the housing needs of persons and families of low to moderate income. -Existing federal law requires the Secretary of the Department of Housing and Urban Development to establish a Housing Trust Fund to provide grants to states to increase the supply of rental housing for extremely low- and very low income families, including homeless families, and home ownership for extremely low- and very low income families. -This bill would designate the Department of Housing and Community Development as the state agency responsible for administering funds received by the state from the federal Housing Trust Fund. This bill would require the department to administer the funds through existing or newly created programs that produce, preserve, rehabilitate, or support the operation of rental housing for extremely low income and very low income households, except that up to 10% of funding may be used to support home ownership for extremely low income and very low income households. The bill would require any rental project funded from the federal Housing Trust Fund to restrict affordability for 55 years, as specified, and require any home ownership program funded from the federal Housing Trust Fund to restrict affordability for 30 years, as specified. -This bill would require the department to collaborate with the California Housing Finance Agency to develop an allocation plan to demonstrate how the funds will be distributed, based on the priority housing needs identified in the state’s consolidated plan, and to convene a stakeholder process to inform the development of the plan. The bill would require the allocation plan and guidelines to give priority to projects based on specified factors. The bill would require the department to submit the plan to the Assembly Committee on Housing and Community Development and the Senate Transportation and Housing Committee 30 days after receipt of the federal funds. -The bill would authorize the department to adopt, amend, or repeal guidelines to implement these provisions. The bill would exempt these guidelines from the Administrative Procedure Act. -Existing law requires, on or before December 31 of each year, the department to submit an annual report, containing specified information, to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department. -This bill would require that annual report to also include an evaluation of any program established by the department to meet the legal requirements of the Federal Housing Trust Fund program guidelines. -This bill would incorporate additional changes to Section 50408 of the Healthy and Safety Code proposed by AB 388 that would become operative if this bill and AB 388 are enacted and this bill is enacted last.","An act to amend Section 50408 of, and to add Chapter 6.8 (commencing with Section 50676) to Part 2 of Division 31 of, the Health and Safety Code, relating to housing." -424,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6100 of the Fish and Game Code is amended to read: -6100. -(a) Notwithstanding any provision of Article 3 (commencing with Section 5980) and Article 4 (commencing with Section 6020), on or after January 1, 1972, any new diversion of water from any stream having populations of salmon and steelhead that is determined by the department to be deleterious to salmon and steelhead shall be screened by the owner. The construction, operation, or maintenance costs of any screen required pursuant to this article shall be borne by the owner of the diversion. -(b) The department within 30 days of providing written notice to the owner that the department has determined that the diversion is deleterious to salmon and steelhead pursuant to subdivision (a), or within the time determined by mutual written agreement, shall submit to the owner its proposals as to measures necessary to protect the salmon and steelhead. The department shall notify the owner that it shall make onsite investigation and shall make any other investigation before it shall propose any measures necessary to protect fishlife. -(c) The department, or any agency of the state, shall provide the owner of the diversion any available information that is required by the owner in order to comply with the provisions of this article. -(d) The diversion shall not commence until the department has determined that measures necessary to protect fishlife have been incorporated into the plans and construction of the diversion. -SEC. 2. -Section 12025.1 is added to the Fish and Game Code, to read: -12025.1. -(a) In addition to any penalties imposed by any other law, a person found to have violated Section 5901 shall be liable for a civil penalty of not more than eight thousand dollars ($8,000) for each violation. Each day that a violation of Section 5901 occurs or continues without a good faith effort by the person to cure the violation after receiving notice from the department shall constitute a separate violation. -(b) All civil penalties imposed or collected by a court for a separate violation pursuant to this section in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the manner described in subdivision (d) of Section 12025. -(c) All civil penalties imposed or collected by a court for a separate violation pursuant to this section not in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the following manner: -(1) Thirty percent shall be distributed to the county in which the violation was committed pursuant to Section 13003. The county board of supervisors shall first use any revenues from those penalties to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation. -(2) (A) Thirty percent shall be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in this section. -(B) If the department receives reimbursement pursuant to this paragraph for activities funded pursuant to subdivision (f) of Section 4629.6 of the Public Resources Code, the reimbursement funds shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, if there is an unpaid balance for a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. -(3) Forty percent shall be deposited into the Fish and Game Preservation Fund. -(d) (1) Civil penalties authorized pursuant to subdivision (a) may be imposed administratively by the department according to the procedures described in paragraphs (1) through (4), inclusive, of subdivision (e) of Section 12025. -(2) The department shall adopt emergency regulations to implement this subdivision in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. -(e) All administrative penalties imposed or collected by the department for a separate violation pursuant to this section in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited according the provisions of subdivision (f) of Section 12025. -(f) All administrative penalties imposed or collected by the department for a separate violation pursuant to this section not in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, to repay any unpaid balance of a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. Any remaining funds from administrative penalties collected pursuant to this subdivision shall be apportioned in the following manner: -(1) Fifty percent shall be deposited into the Fish and Game Preservation Fund. -(2) Fifty percent shall be deposited into the Timber Regulation and Forest Restoration Fund for grants authorized pursuant to subdivision (h) of Section 4629.6 of the Public Resources Code. -(g) For purposes of this section, “controlled substance” has the same meaning as defined in Section 11007 of the Health and Safety Code. -SEC. 3. -Section 12025.2 is added to the Fish and Game Code, to read: -12025.2. -The director or his or her designee may issue a complaint to any person or entity in accordance with Section 1055 of the Water Code alleging a violation of Section 1052 of the Water Code that harms fish and wildlife resources. The complaint is subject to the substantive and procedural requirements set forth in Section 1055 of the Water Code, and the department shall be designated a party to any proceeding before the State Water Resources Control Board regarding a complaint filed pursuant to this section. -SEC. 4. -Section 8687.9 is added to the Government Code, to read: -8687.9. -Funding and financial assistance provided to local governments in response to an emergency, as that term is used in Section 8558, is not subject to the eligibility restrictions of Section 1782 of the Labor Code. -SEC. 5. -Section 4629.6 of the Public Resources Code is amended to read: -4629.6. -Moneys deposited in the fund shall, upon appropriation by the Legislature, only be expended for the following purposes: -(a) To reimburse the State Board of Equalization for its administrative costs associated with the administration, collection, audit, and issuance of refunds related to the lumber products and engineered wood assessment established pursuant to Section 4629.5. -(b) To pay refunds issued pursuant to Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code. -(c) To support the activities and costs of the department, the Department of Conservation, the Department of Fish and Wildlife, the State Water Resources Control Board, and regional water quality control boards associated with the review of projects or permits necessary to conduct timber operations. On or after July 1, 2013, except for fees applicable for fire prevention or protection within state responsibility area classified lands or timber yield assessments, no currently authorized or required fees shall be charged by the agencies listed in this subdivision for activities or costs associated with the review of a project, inspection and oversight of projects, and permits necessary to conduct timber operations of those departments and boards. -(d) For transfer to the department’s Forest Improvement Program, upon appropriation by the Legislature, for forest resources improvement grants and projects administered by the department pursuant to Chapter 1 (commencing with Section 4790) and Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 4. -(e) To fund existing restoration grant programs, with priority given to the Fisheries Restoration Grant Program administered by the Department of Fish and Wildlife and grant programs administered by state conservancies. -(f) (1) As a loan to the Department of Fish and Wildlife for activities to address environmental damage occurring on forest lands resulting from marijuana cultivation. Not more than five hundred thousand dollars ($500,000) may be loaned from the fund in a fiscal year pursuant to this paragraph. This paragraph shall become inoperative on July 1, 2017. -(2) Any funds deposited into the Timber Regulation and Forest Restoration Fund pursuant to subdivision (d) or (f) of Section 12025 or subdivision (b), (c), (e), or (f) of Section 12025.1 of the Fish and Game Code shall be credited toward loan repayment. -(3) Moneys from the General Fund shall not be used to repay a loan authorized pursuant to this subdivision. -(g) To the department, upon appropriation by the Legislature, for fuel treatment grants and projects pursuant to authorities under the Wildland Fire Protection and Resources Management Act of 1978 (Article 1 (commencing with Section 4461) of Chapter 7 of Part 2 of Division 4). -(h) To the department, upon appropriation by the Legislature, to provide grants to local agencies responsible for fire protection, qualified nonprofits, recognized tribes, local and state governments, and resources conservation districts, undertaken on a state responsibility area (SRA) or on wildlands not in an SRA that pose a threat to the SRA, to reduce the costs of wildland fire suppression, reduce greenhouse gas emissions, promote adaptation of forested landscapes to changing climate, improve forest health, and protect homes and communities. -SEC. 6. -Section 189 is added to the Water Code, to read: -189. -(a) There is hereby established the Office of Sustainable Water Solutions within the state board, which may be administered by the state board as a separate organizational unit or within the state board’s divisions or offices. -(b) The purpose of the office is to promote permanent and sustainable drinking water and wastewater treatment solutions to ensure the effective and efficient provision of safe, clean, affordable, and reliable drinking water and wastewater treatment services. In furtherance of this purpose, the office may take, but is not limited to, all of the following actions: -(1) Coordinating with and providing assistance to small drinking water systems, wastewater treatment systems, and disadvantaged communities without drinking water or wastewater treatment systems. -(2) Promoting and facilitating regional drinking water and wastewater projects. -(3) Promoting and facilitating regional solutions, including consolidation of existing water districts, expansion of existing water districts to serve communities unserved by public water systems and wastewater treatment systems, and extension of services to underserved communities and disadvantaged communities. -(4) Advancing the delivery of affordable, safe drinking water to disadvantaged communities throughout the state. -(5) Providing technical assistance to disadvantaged communities and small drinking water systems and wastewater systems, including grant application assistance, outreach and education in vulnerable communities, financial management support, and facilitation of discussions within and between communities. -SEC. 7. -Section 13442 of the Water Code is amended to read: -13442. -(a) Upon application by an eligible entity, as described in subdivision (b), the state board may approve the payment of moneys from the account to that entity to assist in cleaning up a waste, abating the effects of a waste on waters of the state, or addressing an urgent drinking water need without regard to whether the need for drinking water is a result of the discharge of waste. -(b) An entity is eligible to apply for funding pursuant to this section if that entity has authority to undertake the activity for which it seeks moneys and the entity is any of the following: -(1) A public agency. -(2) A tribal government that is on the California Tribal Consultation List maintained by the Native American Heritage Commission and is a disadvantaged community, as defined in Section 79505.5, that agrees to waive tribal sovereign immunity for the explicit purpose of regulation by the state board pursuant to this division. -(3) A not-for-profit organization serving a disadvantaged community, as defined in Section 79505.5. -(4) A community water system, as defined in Section 116275 of the Health and Safety Code, that serves a disadvantaged community, as defined in Section 79505.5. -(c) An eligible entity shall not become liable to the state board for repayment of moneys paid to the entity under this section and expended in accordance with the state board’s approval of payment, but this shall not be a defense to an action brought pursuant to subdivision (c) of Section 13304 for the recovery of moneys paid under this section. -(d) Projects using moneys that are paid to an eligible entity pursuant to this section shall be exempt from state contracting and procurement requirements set forth in the Government Code and the Public Contract Code to the extent necessary to take immediate action to protect public health and safety. -(e) The state board may adopt guidelines for the allocation and administration of these moneys that shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. -(f) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 8. -Section 13442 is added to the Water Code, to read: -13442. -(a) Upon application by a public agency, a tribal government that is on the California Tribal Consultation List maintained by the Native American Heritage Commission and is a disadvantaged community, as defined in Section 79505.5, that agrees to waive tribal sovereign immunity for the explicit purpose of regulation by the state board pursuant to this division, or a not-for-profit organization serving a disadvantaged community, as defined in Section 79505.5, with authority to clean up a waste or abate the effects of a waste, the state board may order moneys to be paid from the account to the agency, tribal government, or organization to assist it in cleaning up the waste or abating its effects on waters of the state. -(b) The agency, a tribal government that is on the California Tribal Consultation List maintained by the Native American Heritage Commission and is a disadvantaged community, as defined in Section 79505.5, that agrees to waive tribal sovereign immunity for the explicit purpose of regulation by the state board pursuant to this division, or a not-for-profit organization serving a disadvantaged community, as defined in Section 79505.5, shall not become liable to the state board for repayment of moneys paid under this section, but this shall not be a defense to an action brought pursuant to subdivision (c) of Section 13304 for the recovery of moneys paid under this section. -(c) This section shall become operative on July 1, 2018. -SEC. 9. -Section 81023 is added to the Water Code, to read: -81023. -Consistent with Division 26.7 (commencing with Section 79700), the sum of ten million dollars ($10,000,000) of the proceeds of bonds authorized to be issued and available for the purposes of Section 79746 shall be transferred to the fund and used by the department, upon appropriation, for loans for the following water conservation and water use efficiency projects and programs to achieve urban water use targets developed pursuant to Section 10608.20: -(a) (1) Five million dollars ($5,000,000) for a pilot project for local agencies to provide water efficiency upgrades to eligible residents at no upfront cost. -(2) Five million dollars ($5,000,000) for local agencies to provide low-interest loans to customers to finance the installation of onsite improvements to repair or replace, as necessary, cracked or leaking water pipes to conserve water. -(b) The department may implement this section by providing to a local agency a zero-interest loan of up to three million dollars ($3,000,000). -(c) A local agency that receives a loan pursuant to this section shall exercise reasonable efforts to recover the costs of the loan. However, the department may waive up to 10 percent of the repayment amount for costs that could not be recovered by the local agency. -(d) The department and a local agency that is an urban retail water supplier and that receives a loan pursuant to this section may enter into a mutually agreeable schedule for making loan repayments into the CalConserve Water Use Efficiency Revolving Fund. -SEC. 10. -Section 81046 of the Water Code is amended to read: -81046. -A local agency may implement water use efficiency loan programs pursuant to this division through on-bill financing. -SEC. 11. -(a) In order to ensure that equipment and services necessary for drought response can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to state contracts, including, but not limited to, advertising and competitive bidding requirements, are suspended for purposes of state agencies implementing Executive Order B-28-14 and the proclamations of a state of emergency dated January 17, 2014, and April 25, 2014, as long as the state of emergency due to drought conditions remains in effect. -(b) The suspensions provided in subdivision (a) apply only to contracts that respond to conditions arising from the drought and that support the state agencies in any of the following: -(1) Addressing impacts on human health and safety, including providing or improving availability of food, water, or shelter. -(2) Addressing impacts on fish and wildlife resources. -(3) Providing water to persons or communities affected by the drought. -(c) Approval by the Department of Finance is required prior to the execution of any contract entered into pursuant to this section. -(d) Information related to a contract approved pursuant to this section shall be posted on the California Drought Internet Web site, including identification of the contracting agency, the contractor, the contract amount, the contract duration, and a brief description of the goods or services provided under the contract. -SEC. 12. -An agency receiving moneys from one or more sources as appropriated pursuant to either Senate Bill 75 or Assembly Bill 91 of the 2015–16 Regular Session shall use, whenever feasible, the services of the California Conservation Corps or a certified community conservation corps, as defined under Section 14507.5 of the Public Resources Code, for restoration, ecosystem protection projects, or other similar work. -SEC. 13. -This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","(1) Existing law requires any new diversion of water from any stream having populations of salmon and steelhead that is determined by the Department of Fish and Wildlife to be deleterious to salmon and steelhead to be screened by the owner of the diversion. Existing law requires the department to submit to the owner its proposals as to measures necessary to protect the salmon and steelhead within 30 days of receipt of a notice of a diversion of water from a stream having populations of salmon and steelhead. -This bill would instead require the department, within 30 days of providing written notice to the owner that the department has determined that the diversion is deleterious to salmon and steelhead, to submit to the owner its proposals as to measures necessary to protect the salmon and steelhead. -(2) Existing law prohibits the construction or maintenance, in certain fish and game districts, of any device or contrivance that prevents, impedes, or tends to prevent or impede, the passing of fish up and down stream. A violation of this provision is a misdemeanor. -This bill would impose an additional civil penalty of not more than $8,000 for a violation of this provision. -(3) Existing law declares that the diversion or use of water other than as authorized by specified provisions of law is a trespass. Existing law authorizes the executive director of the State Water Resources Control Board to issue a complaint to a person who violates certain laws regarding the use and diversion of water, and subjects the violator to administrative civil liability. Existing law requires that the complaint be served by personal notice or certified mail and inform the party served that the party may request a hearing not later than 20 days from the date the party was served. -This bill would authorize the Director of the Department of Fish and Wildlife, or his or her designee, to issue a complaint in accordance with the above-specified provisions alleging that an unauthorized diversion or use of water harms fish and wildlife resources. -(4) Existing law prohibits a charter city from receiving or using state funding or financial assistance for a construction project if the city has a charter provision or ordinance that authorizes a contractor to not comply with prevailing wage provisions on any public works contract or if the city has awarded, within the prior 2 years, a public works contract without requiring the contractor to comply with prevailing wage provisions, as specified. Existing law authorizes charter cities to receive or use state funding or financial assistance if the city has a local prevailing wage ordinance, applicable to all of its public works contracts, that includes requirements that are equal to or greater than the state’s prevailing wage requirements, as specified. -This bill would exempt from that prohibition funding and financial assistance provided to a charter city in response to an emergency. -(5) Existing law provides various technical assistance opportunities to disadvantaged communities for projects relating to groundwater sustainability, clean drinking water, and water recycling and advanced treatment water technology projects. -This bill would establish the Office of Sustainable Water Solutions within the State Water Resources Control Board to promote permanent and sustainable drinking water and wastewater treatment solutions to ensure effective and efficient provision of safe, clean, affordable, and reliable drinking water and wastewater treatment services. The bill would authorize the office to take certain actions in furtherance of this purpose. -(6) Existing law, the Porter-Cologne Water Quality Control Act, authorizes the imposition and collection of civil and criminal penalties for specified violations of that act. The act requires certain moneys, including General Fund revenues of penalties, collected pursuant to these provisions to be deposited in the State Water Pollution Cleanup and Abatement Account in the State Water Quality Control Fund. The act continuously appropriates the moneys in the account to the State Water Resources Control Board for specified cleanup programs. -The act authorizes the state board, upon application by a public agency, specified tribal governments, or not-for-profit organizations serving disadvantaged communities that have authority to clean up a waste or abate the effects of a waste to order moneys in the account to be paid to the entity to assist in cleaning up the waste or abating its effects on waters. -This bill would, until July 1, 2018, additionally authorize the state board to pay these moneys to a community water system that serves a disadvantaged community and would authorize moneys in the account to be used to assist in addressing an urgent drinking water need. By authorizing new expenditures from a continuously appropriated account, this bill would make an appropriation. The bill would exempt projects using moneys paid pursuant to these provisions from state contracting and procurement requirements, as specified, and would authorize the state board to adopt guidelines for the allocation and administration of moneys in the account that would be exempt from the Administrative Procedure Act. -(7) Existing law establishes the CalConserve Water Use Efficiency Revolving Fund and provides that the moneys in the fund are available to the Department of Water Resources, upon appropriation by the Legislature, for the purpose of water use efficiency projects. Existing law requires moneys in the fund to be used for purposes that include, but are not limited to, at or below market interest rate loans to local agencies, as defined, and permits the department to enter into agreements with local agencies that provide water or recycled water service to provide loans. -Existing law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. The bond act provides that the sum of $810,000,000 is to be available, upon appropriation by the Legislature, for expenditures on, and competitive grants and loans to, projects that are included in and implemented in an adopted integrated regional water management plan and respond to climate change and contribute to regional water security. The bond act authorizes the use of $100,000,000 of those funds for direct expenditures, and for grants and loans, for certain water conservation and water use efficiency plans, projects, and programs. -This bill would transfer to the CalConserve Water Use Efficiency Revolving Fund the sum of $10,000,000 of the proceeds of these bonds for water conservation and water use efficiency projects and programs to achieve urban water use targets. This bill would require the department to use $5,000,000 for a pilot project for local agencies to provide water efficiency upgrades to eligible residents. This bill would require the department to use the other $5,000,000 for local agencies to provide low-interest loans to customers to finance the installation of onsite improvements to repair or replace, as necessary, cracked or leaking water pipes to conserve water. The bill would authorize the department to provide local agencies with zero-interest loans of up to $3,000,000 and would require a local agency that receives a loan pursuant to these provisions to exercise reasonable efforts to recover the costs of the loan. The bill would also authorize the department to waive up to 10% of the repayment amount for costs that could not be recovered by a local agency. -(8) The State Contract Act generally provides for a contracting process by state agencies for public works of improvement pursuant to a competitive bidding process, under which bids are awarded to the lowest responsible bidder, with specified alternative bidding procedures authorized in certain cases. -Existing law, the California Emergency Services Act, sets forth the emergency powers of the Governor under its provisions and empowers the Governor to proclaim a state of emergency for certain conditions, including drought. During a state of emergency, existing law authorizes the Governor to suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. Pursuant to this authority, the Governor proclaimed a state of emergency, and a continued state of emergency, due to drought conditions and suspended certain statutes. -This bill would suspend the provisions of the Government Code and the Public Contract Code applicable to state contracts for purposes of state agencies implementing the Governor’s orders proclaiming a state of emergency as long as the state of emergency due to drought conditions remains in effect. The bill would specify that these suspensions only apply to contracts that respond to conditions arising from the drought and that support the state agencies in specified actions. The bill would require approval by the Department of Finance prior to the execution of any contract entered into pursuant to this provision and would require that certain information relating to these contracts be posted on the California Drought Internet Web site. -This bill would require an agency receiving moneys from one or more sources as appropriated pursuant to Assembly Bill 91 or Senate Bill 75 of the 2015–16 Regular Session to use the services of the California Conservation Corps or a certified community conservation corps, as defined, for restoration, ecosystem protection projects, or other similar work. -(9) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to amend Section 6100 of, and to add Sections 12025.1 and 12025.2 to, the Fish and Game Code, to add Section 8687.9 to the Government Code, to amend Section 4629.6 of the Public Resources Code, and to amend Section 81046 of, to amend, repeal, and add Section 13442 of, and to add Sections 189 and 81023 to, the Water Code, relating to water, and making an appropriation therefor, to take effect immediately, bill related to the budget." -425,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) There is worldwide concern regarding the plight of elephants and rhinoceroses, who are being poached at alarming rates — an average of 96 elephants per day are killed in Africa. -(b) Illegal poaching and wildlife trafficking is the fourth largest transnational crime and ivory helps fund the military operations of notorious terrorist groups. Smuggling gangs move tons of tusks to markets thousands of miles away. -(c) International, federal, and state laws are all being strengthened to protect these iconic species from cruelty and extinction. The states of New York and New Jersey recently enacted strong prohibitions on intrastate ivory and rhinoceros horn commerce and the federal government has proposed strengthened ivory trade and import regulations. -(d) California has prohibited the ivory trade since 1977, but a loophole has rendered the law unenforceable — allowing illegal sales to flourish. San Francisco and Los Angeles have consistently ranked among the top trading markets for illegal ivory in the United States. -SEC. 2. -Section 2022 is added to the Fish and Game Code, to read: -2022. -(a) For the purposes of this section, the following terms have the following meanings: -(1) “Bona fide educational or scientific institution” means an institution that establishes through documentation either of the following: -(A) Educational or scientific tax exemption, from the federal Internal Revenue Service or the institution’s national, state, or local tax authority. -(B) Accreditation as an educational or scientific institution, from a qualified national, regional, state, or local authority for the institution’s location. -(2) “Ivory” means a tooth or tusk from a species of elephant, hippopotamus, mammoth, mastodon, walrus, warthog, whale, or narwhal, or a piece thereof, whether raw ivory or worked ivory, and includes a product containing, or advertised as containing, ivory. -(3) “Rhinoceros horn” means the horn, or a piece thereof, or a derivative such as powder, of a species of rhinoceros, and includes a product containing, or advertised as containing, a rhinoceros horn. -(4) “Sale” or “sell” means selling, trading, bartering for monetary or nonmonetary consideration, giving away in conjunction with a commercial transaction, or giving away at a location where a commercial transaction occurred at least once during the same or the previous calendar year. -(5) “Total value” means either the fair market value or the actual price paid for ivory or rhinoceros horn, whichever is greater. -(b) Except as provided in subdivision (c), it is unlawful to purchase, sell, offer for sale, possess with intent to sell, or import with intent to sell ivory or rhinoceros horn. -(c) The prohibitions set forth in subdivision (b) shall not apply to any of the following: -(1) An employee or agent of the federal or state government undertaking a law enforcement activity pursuant to federal or state law, or a mandatory duty required by federal law. -(2) An activity that is authorized by an exemption or permit under federal law or that is otherwise expressly authorized under federal law. -(3) Ivory or rhinoceros horn that is part of a musical instrument, including, but not limited to, a string or wind instrument or piano, and that is less than 20 percent by volume of the instrument, if the owner or seller provides historical documentation demonstrating provenance and showing the item was manufactured no later than 1975. -(4) Ivory or rhinoceros horn that is part of a bona fide antique and that is less than five percent by volume of the antique, if the antique status is established by the owner or seller of the antique with historical documentation demonstrating provenance and showing the antique to be not less than 100 years old. -(5) The purchase, sale, offer for sale, possession with intent to sell, or importation with intent to sell ivory or rhinoceros horn for educational or scientific purposes by a bona fide educational or scientific institution if both of the following criteria are satisfied: -(A) The purchase, sale, offer for sale, possession with intent to sell, or import with intent to sell the ivory or rhinoceros horn is not prohibited by federal law. -(B) The ivory or rhinoceros horn was legally acquired before January 1, 1991, and was not subsequently transferred from one person to another for financial gain or profit after July 1, 2016. -(d) Possession of ivory or rhinoceros horn in a retail or wholesale outlet commonly used for the buying or selling of similar items is prima facie evidence of possession with intent to sell. This evidence shall not preclude a finding of intent to sell based on any other evidence that may serve to establish that intent independently or in conjunction with this evidence. -(e) For a violation of any provision of this section, or any rule, regulation, or order adopted pursuant to this section, the following criminal penalties shall be imposed: -(1) For a first conviction, where the total value of the ivory or rhinoceros horn is two hundred fifty dollars ($250) or less, the offense shall be a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000), or more than ten thousand dollars ($10,000), imprisonment in the county jail for not more than 30 days, or by both the fine and imprisonment. -(2) For a first conviction, where the total value of the ivory or rhinoceros horn is more than two hundred fifty dollars ($250), the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000), or more than forty thousand dollars ($40,000), imprisonment in the county jail for not more than one year, or by both the fine and imprisonment. -(3) For a second or subsequent conviction, where the total value of the ivory or rhinoceros horn is two hundred fifty dollars ($250) or less, the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000), or more than forty thousand dollars ($40,000), imprisonment in county jail for not more than one year, or by both the fine and imprisonment. -(4) For a second or subsequent conviction, where the total value of the ivory or rhinoceros horn is more than two hundred fifty dollars ($250), the offense shall be a misdemeanor punishable by a fine of not less than ten thousand dollars ($10,000), or more than fifty thousand dollars ($50,000) or the amount equal to two times the total value of the ivory or rhinoceros horn involved in the violation, whichever is greater, imprisonment in county jail for not more than one year, or by both the fine and imprisonment. -(f) In addition to, and separate from, any criminal penalty provided for under subdivision (e), an administrative penalty of up to ten thousand dollars ($10,000) may be imposed for a violation of any provision of this section, or any rule, regulation, or order adopted pursuant to this section. Penalties authorized pursuant to this subdivision may be imposed by the department consistent with all of the following: -(1) The chief of enforcement issues a complaint to any person or entity on which an administrative civil penalty may be imposed pursuant to this section. The complaint shall allege the act or failure to act that constitutes a violation, relevant facts, the provision of law authorizing the administrative penalty to be imposed, and the proposed penalty amount. -(2) The complaint and order is served by personal notice or certified mail and informs the party served that the party may request a hearing no later than 20 days from the date of service. If a hearing is requested, it shall be scheduled before the director or his or her designee, which designee shall not be the chief of enforcement issuing the complaint and order. A request for hearing shall contain a brief statement of the material facts the party claims support his or her contention that no administrative penalty should be imposed or that an administrative penalty of a lesser amount is warranted. A party served with a complaint pursuant to this subdivision waives the right to a hearing if no hearing is requested within 20 days of service of the complaint, in which case the order imposing the administrative penalty shall become final. -(3) The director, or his or her designee, shall control the nature and order of the hearing proceedings. Hearings shall be informal in nature, and need not be conducted according to the technical rules relating to evidence. The director, or his or her designee, shall issue a final order within 45 days of the close of the hearing. A final copy of the order shall be served by certified mail upon the party served with the complaint. -(4) A party may obtain review of the final order by filing a petition for a writ of mandate with the superior court within 30 days of the date of service of the final order. The administrative penalty shall be due and payable to the department within 60 days after the time to seek judicial review has expired or, where the party has not requested a hearing of the order, within 20 days after the order imposing an administrative penalty becomes final. -(g) For any conviction or other entry of judgment imposed by a court for a violation of this section resulting in a fine, the court may pay one-half of the fine, but not to exceed five hundred dollars ($500), to any person giving information that led to the conviction or other entry of judgment. This reward shall not apply if the informant is a regular salaried law enforcement officer, or officer or agent of the department. -(h) Upon conviction or other entry of judgment for a violation of this section, any seized ivory or rhinoceros horn shall be forfeited and, upon forfeiture, either maintained by the department for educational or training purposes, donated by the department to a bona fide educational or scientific institution, or destroyed. -(i) Administrative penalties collected pursuant to this section shall be deposited in the Fish and Game Preservation Fund and used for law enforcement purposes upon appropriation by the Legislature. -(j) This section does not preclude enforcement under Section 653o of the Penal Code. -SEC. 3. -Section 5 of Chapter 692 of the Statutes of 1976 is repealed. -SEC. 4. -The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 6. -This act shall become operative on July 1, 2016.","Existing law makes it a crime to import into the state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an elephant. Existing law exempts the possession with intent to sell, or sale of the dead body, or any part or product thereof, of any elephant before June 1, 1977, or the possession with intent to sell or the sale of any such item on or after June 1, 1977, if the item was imported before January 1, 1977. -This bill would delete this exemption. By changing the definition of a crime, this bill would impose a state-mandated local program. -This bill would make it unlawful to purchase, sell, offer for sale, possess with intent to sell, or import with intent to sell ivory or rhinoceros horn, except as specified, and would make this prohibition enforceable by the Department of Fish and Wildlife. The bill would make a violation of this provision or any rule, regulation, or order adopted pursuant to this provision a misdemeanor subject to specified criminal penalties. By creating a new crime, the bill would impose a state-mandated local program. In addition to the specified criminal penalties, the bill would authorize the department to impose an administrative penalty of up to $10,000 for a violation of this provision or any rule, regulation, or order adopted pursuant to this provision. -This bill would provide that the provisions of this bill are severable. -This bill would make these provisions operative on July 1, 2016. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 2022 to the Fish and Game Code, and to repeal Section 5 of Chapter 692 of the Statutes of 1976, relating to animal parts and products." -426,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The State of California is committed to providing excellent educational opportunities to all of its pupils. -(b) There are 92 languages other than English spoken throughout the state, with the primary languages being Arabic, Armenian, Cantonese, Korean, Russian, Spanish, Tagalog, and Vietnamese. -(c) There is a growing body of academic research that shows the importance of culturally meaningful and relevant curriculum. -(d) Based on the National Education Association (NEA) publication, The Academic and Social Value of Ethnic Studies, the inclusion of ethnic studies in a curriculum has a positive impact on pupils of color. -(e) Ethnic studies benefit pupils in observable ways, such as pupils becoming more academically engaged, increasing their performance on academic tests, improving their graduation rates, and developing a sense of self-efficacy and personal empowerment. -(f) The state’s educational standards should be guided by core values of equity and inclusiveness, and should reflect universally high expectations. -(g) The state is committed to its efforts to provide all pupils with excellent educational opportunities, without regard to race, gender, ethnicity, nationality, income, sexual orientation, or disability. -(h) The state is committed to its obligation to ensure its youth are college prepared and career ready, while graduating 100 percent of its pupils. -(i) The implementation of various ethnic studies courses within California’s curriculum that are A-G approved, with the objective of preparing pupils to be global citizens with an appreciation for the contributions of multiple cultures, will close the achievement gap, reduce pupil truancy, increase pupil enrollment, reduce dropout rates, and increase graduation rates. -(j) The state should support efforts in recruiting and retaining teachers who have relevant experience and educational background in the study or teaching of ethnic studies. -SEC. 2. -Section 51226.7 is added to the Education Code, to read: -51226.7. -(a) The Superintendent shall oversee the development of, and the state board shall adopt, a model curriculum to ensure quality courses of study in ethnic studies through partnerships with universities with ethnic studies programs. The model curriculum shall meet the A-G approval requirements of the Regents of the University of California. -(b) On or before the beginning of the 2017–18 school year, the Instructional Quality Commission shall advise, assist, and make recommendations to the Superintendent regarding the development of the model curriculum pursuant to subdivision (a). -(c) Beginning the school year following the adoption of the model curriculum pursuant to subdivision (a), each school district maintaining grade 9 shall offer to all otherwise qualified pupils in that grade, as an elective in the social sciences, a course of study in ethnic studies based on the model curriculum. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SECTION 1. -The Legislature finds and declares all of the following: -(a)California has the eighth largest economy in the world, and its laws have a far-reaching impact on individuals, entities, and organizations within the state and throughout the world. -(b)Because of its extraordinary economic impact and leadership on timely issues, California’s statutory framework and legal structures have a national and global impact. -(c)Rapid technological and societal advances require the development of public policy in new and evolving areas. -(d)State government officials must make informed policy decisions about issues that have increasingly complex and interrelated legal components. -(e)California is home to some of the world’s most prestigious universities and law schools. -(f)California is currently facing one of the largest surpluses of recent law school graduates in the nation, and the unique education and training of these skilled graduates could greatly assist the state government in its work. -(g)Only approximately 5 percent of attorneys nationwide work for state governments, meaning that the nation’s state governments derive insufficient benefit from those attorneys’ legal training and expertise. -(h)Approximately 36 percent of attorneys working for the State of California are 55 years of age or older; therefore, California must encourage attorneys to enter public service to fill vacancies as those attorneys retire. -(i)The establishment of a law fellowship program in California will enable the state to capitalize on the experience of its law school graduates for the betterment of its government. -SEC. 2. -Chapter 1.5 (commencing with Section 8050) is added to Division 1 of Title 2 of the -Government Code -, to read: -1.5. -California Law Fellowship Program -8050. -(a)The California Law Fellowship Program is hereby established. -(b)The purpose of the program is to offer licensed attorneys and other qualifying law school graduates limited-term placements in public sector positions within state government. -(c)The program shall provide each California Law Fellow with the opportunity to work in the public sector and shall encourage each participant to seek permanent public-sector employment at the conclusion of the fellowship. -(d)The Legislature requests that The University of the Pacific McGeorge School of Law, in consultation with California law schools accredited by the American Bar Association, and with any other appropriate person or entity, do all of the following with respect to the California Law Fellowship Program: -(1)Create the program to provide law graduates a post-graduate educational experience and provide the Legislature and other governmental entities with legal assistance and advice. -(2)House and administer the program, including managing funding and processing applications. -(e)A California Law Fellow’s placement with a state agency shall be contingent on that agency’s acceptance of the fellow, according to criteria adopted by the participating state agency for purposes of the program. -(f)(1)It is the intent of the Legislature that participation in the program by an attorney or other qualifying law school graduate, by a state agency, or by a public official within a state agency shall not constitute a gift of public money or thing of value for purposes of Section 6 of Article XVI of the California Constitution, a gift for purposes of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)), or a gift, bequest, or favor for purposes of the Code of Judicial Ethics adopted pursuant to subdivision (m) of Section 18 of Article VI of the California Constitution. -(2)To the extent feasible, the program shall be designed and administered to accomplish the Legislature’s intent as specified in this subdivision. -(g)State funds shall not be used to administer the program. -(h)For purposes of this section: -(1)“California Law Fellow” means a participant in the program. -(2)“Program” means the California Law Fellowship Program. -(3)“Qualifying law school graduate” means a recipient of a law degree from a law school accredited by the American Bar Association. -SEC. 3. -Section 8924.7 is added to the -Government Code -, to read: -8924.7. -(a)The Legislature finds and declares that the California Law Fellowship Program, established pursuant to Chapter 1.5 (commencing with Section 8050) of Division 1, establishes a formal fellowship program that provides substantial public benefits to the Legislature as a participating state agency. -(b)The services of a California Law Fellow, whose placement with the Legislature is duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules, as appropriate, are not compensation, a reward, or a gift to a Member of the Legislature for purposes of paragraph (4) of subdivision (b) of Section 8920. -(c)A California Law Fellow, whose placement with the Legislature is duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules, as appropriate, is not an employee of either house of the Legislature for purposes of this article. -(d)For purposes of this section, a California Law Fellow is “duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules” only if both of the following requirements are satisfied: -(1) The California Law Fellow has been selected according to criteria, and pursuant to a process, approved by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules. -(2)The program has executed an agreement with the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules whereby the California Law Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules.","Existing law requires the adopted course of study for grades 7 to 12, inclusive, to include, among other subjects, the social sciences. Existing law requires the State Board of Education, with the assistance of the Superintendent of Public Instruction, to establish a list of textbooks and other instructional materials that highlight the contributions of minorities in the development of California and the United States. Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the state board. -This bill would require the Superintendent to oversee the development of, and the state board to adopt, a model curriculum to ensure quality courses in ethnic studies. The bill would require the Instructional Quality Commission to advise, assist, and make recommendations to the Superintendent regarding the development of the model curriculum. The bill would, beginning the school year following the adoption of the model curriculum, require each school district maintaining grade 9 to offer to all otherwise qualified pupils in that grade, as an elective in the social sciences, a course of study in ethnic studies based on the model curriculum. By imposing additional duties on school districts, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -Existing law authorizes certain internship and fellowship programs, as specified. -This bill would establish the California Law Fellowship Program for the purpose of offering licensed attorneys and other qualifying law school graduates limited-term placements in public sector positions within state government as California Law Fellows, and encouraging each fellow to seek permanent public-sector employment at the conclusion of his or her fellowship, as specified. -Existing law, commonly known as the Code of Ethics, prohibits a Member of the Legislature or an employee of either house of the Legislature from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance, or other matter related to the legislative process, except for specified circumstances. -This bill would provide that the services of a California Law Fellow are not compensation, a reward, or a gift to a Member of the Legislature for purposes of the so-called Code of Ethics. The bill would also provide that a participant in the program is not an employee of either house of the Legislature for purposes of the Code of Ethics.","An act to add Section 8924.7 to, and to add Chapter 1.5 (commencing with Section 8050) to Division 1 of Title 2 of, the Government Code, relating to state government. -An act to add Section 51226.7 to the Education Code, relating to pupil instruction." -427,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17052 is added to the Revenue and Taxation Code, to read: -17052. -(a) (1) For each taxable year beginning on or after January 1, 2015, there shall be allowed against the “net tax,” as defined by Section 17039, an earned income tax credit in an amount equal to an amount determined in accordance with Section 32 of the Internal Revenue Code, relating to earned income, as applicable for federal income tax purposes for the taxable year, except as otherwise provided in this section. -(2) (A) The amount of the credit determined under Section 32 of the Internal Revenue Code, relating to earned income, as modified by this section, shall be multiplied by the earned income tax credit adjustment factor for the taxable year. -(B) Unless otherwise specified in the annual Budget Act, the earned income tax credit adjustment factor for a taxable year beginning on or after January 1, 2015, shall be zero percent. -(C) The earned income tax credit authorized by this section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the credit. -(b) (1) In lieu of the table prescribed in Section 32(b)(1) of the Internal Revenue Code, relating to percentages, the credit percentage and the phaseout percentage shall be determined as follows: -In the case of an eligible individual with: -The credit percentage is: -The phaseout percentage is: -No qualifying children -7.65% -7.65% -1 qualifying child -34% -34% -2 or more qualifying children -40% -40% -(2) (A) In lieu of the table prescribed in Section 32(b)(2)(A) of the Internal Revenue Code, the earned income amount and the phaseout amount shall be determined as follows: -In the case of an eligible individual with: -The earned income amount is: -The phaseout amount is: -No qualifying children -$3,290 -$3,290 -1 qualifying child -$4,940 -$4,940 -2 or more qualifying children -$6,935 -$6,935 -(B) Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply. -(3) Section 32(b)(3)(A) of the Internal Revenue Code, relating to increased percentage for three or more qualifying children, is modified by substituting “the credit percentage and phaseout percentage is 45 percent” for “the credit percentage is 45 percent.” -(c) (1) Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting “this state” for “the United States.” -(2) Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows: -(A) Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting “plus” and inserting in lieu thereof the following: “and only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.” -(B) Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall not apply. -(3) Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting “this state” for “the United States.” -(d) Section 32(i)(1) of the Internal Revenue Code is modified by substituting “$3,400” for “$2,200.” -(e) In lieu of Section 32(j) of the Internal Revenue Code, relating to inflation adjustments, for taxable years beginning on or after January 1, 2016, the amounts specified in paragraph (2) of subdivision (b) and in subdivision (d) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041. -(f) If the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. -(g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. -(h) Notwithstanding any other law, amounts refunded pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits. -(i) (1) For the purpose of implementing the credit allowed by this section for the 2015 taxable year, the Franchise Tax Board shall be exempt from the following: -(A) Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2. -(B) Special Project Report requirements under Statewide Information Management Manual Section 30. -(C) Section 11.00 of the 2015 Budget Act. -(D) Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code. -(2) The Franchise Tax Board shall formally incorporate the scope, costs, and schedule changes associated with the implementation of the credit allowed by this section in its next anticipated Special Project Report for its Enterprise Data to Revenue Project. -(j) (1) In accordance with Section 41 of the Revenue and Taxation Code, the purpose of the California Earned Income Tax Credit is to reduce poverty among California’s poorest working families and individuals. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following: -(A) The number of tax returns claiming the credit. -(B) The number of individuals represented on tax returns claiming the credit. -(C) The average credit amount on tax returns claiming the credit. -(D) The distribution of credits by number of dependents and income ranges. The income ranges shall encompass the phase-in and phaseout ranges of the credit. -(E) Using data from tax returns claiming the credit, including an estimate of the federal tax credit determined under Section 32 of the Internal Revenue Code, an estimate of the number of families who are lifted out of deep poverty by the credit and an estimate of the number of families who are lifted out of deep poverty by the combination of the credit and the federal tax credit. For the purposes of this subdivision, a family is in “deep poverty” if the income of the family is less than 50 percent of the federal poverty threshold. -(2) The Franchise Tax Board shall provide the written report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly Committee on Revenue and Taxation, and the Senate and Assembly Committees on Human Services. -(k) The tax credit allowed by this section shall be known as the California Earned Income Tax Credit. -SEC. 2. -Section 19136 of the Revenue and Taxation Code is amended to read: -19136. -(a) Section 6654 of the Internal Revenue Code, relating to failure by an individual to pay estimated income tax, shall apply, except as otherwise provided. -(b) Section 6654(a)(1) of the Internal Revenue Code is modified to refer to the rate determined under Section 19521 in lieu of Section 6621 of the Internal Revenue Code. -(c) (1) Section 6654(e)(1) of the Internal Revenue Code, relating to exceptions where the tax is a small amount, does not apply. -(2) No addition to the tax shall be imposed under this section if the tax imposed under Section 17041 or 17048 and the tax imposed under Section 17062 for the preceding taxable year, minus the sum of any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, or the tax computed under Section 17041 or 17048 upon the estimated income for the taxable year, minus the sum of any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, is less than five hundred dollars ($500), except in the case of a separate return filed by a married person the amount shall be less than two hundred fifty dollars ($250). -(d) Section 6654(f) of the Internal Revenue Code does not apply and for purposes of this section the term “tax” means the tax imposed under Section 17041 or 17048 and the tax imposed under Section 17062 less any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, other than the credit provided by subdivision (a) of Section 19002. -(e) (1) The credit for tax withheld on wages, as specified in Section 6654(g) of the Internal Revenue Code, is the credit allowed under subdivision (a) of Section 19002. -(2) (A) Section 6654(g)(1) of the Internal Revenue Code is modified by substituting the phrase “the applicable percentage” for the phrase “an equal part.” -(B) For purposes of this paragraph, “applicable percentage” means the percentage amount prescribed under Section 6654(d)(1)(A) of the Internal Revenue Code, as modified by subdivision (a) of Section 19136.1. -(f) This section applies to a nonresident individual. -(g) (1) No addition to tax shall be imposed under this section to the extent that the underpayment was created or increased by -any law that is chaptered during and operative for the taxable year of the underpayment. -either of the following: -(A) Any law that is chaptered during and operative for the taxable year of the underpayment. -(B) If, for a taxable year prior to its repeal, the adjustment factor for the credit authorized by Section 17052 for the taxable year was less than the adjustment factor for that credit for the preceding taxable year. -(2) -(A) -Notwithstanding Section 18415, -this section -subparagraph (A) of paragraph (1) -applies to penalties imposed under this section on -and -or -after January 1, 2005. -(B) Notwithstanding Section 18415, subparagraph (B) of paragraph (1) applies to penalties imposed under this section on or after January 1, 2016. -(h) The amendments made to this section by Section 5 of Chapter 305 of the Statutes of 2008 apply to taxable years beginning on or after January 1, 2009. -(i) The amendments made to this section by -the act adding this subdivision -Section 3 of Chapter 15 of the fourth Extraordinary Session of the Statutes of 2009 -apply to amounts withheld on wages beginning on or after January 1, 2009. -SEC. 3. -Section 19167 of the -Revenue and Taxation Code is amended to read: -19167. -A penalty shall be imposed under this section for any of the following: -(a) In accordance with Section 6695(a) of the Internal Revenue Code, for failure to furnish a copy of the return to the taxpayer, as required by Section 18625. -(b) In accordance with Section 6695(c) of the Internal Revenue Code, for failure to furnish an identifying number, as required by Section 18624. -(c) In accordance with Section 6695(d) of the Internal Revenue Code, for failure to retain a copy or list, as required by Section 18625 or for failure to retain an electronic filing declaration, as required by Section 18621.5. -(d) Failure to register as a tax preparer with the California Tax Education Council, as required by Section 22253 of the Business and Professions Code, unless it is shown that the failure was due to reasonable cause and not due to willful neglect. -(1) The amount of the penalty under this subdivision for the first failure to register is two thousand five hundred dollars ($2,500). This penalty shall be waived if proof of registration is provided to the Franchise Tax Board within 90 days from the date notice of the penalty is mailed to the tax preparer. -(2) The amount of the penalty under this subdivision for a failure to register, other than the first failure to register, is five thousand dollars ($5,000). -(e) The Franchise Tax Board shall not impose the penalties authorized by subdivision (d) until either one of the following has occurred: -(1) Commencing January 1, 2006, and continuing each year thereafter, there is an appropriation in the Franchise Tax Board’s annual budget to fund the costs associated with the penalty authorized by subdivision (d). -(2) (A) An agreement has been executed between the California Tax Education Council and the Franchise Tax Board that provides that an amount equal to all first year costs associated with the penalty authorized by subdivision (d) shall be received by the Franchise Tax Board. For purposes of this subparagraph, first year costs include, but are not limited to, costs associated with the development of processes or systems changes, if necessary, and labor. -(B) An agreement has been executed between the California Tax Education Council and the Franchise Tax Board that provides that the annual costs incurred by the Franchise Tax Board associated with the penalty authorized by subdivision (d) shall be reimbursed by the California Tax Education Council to the Franchise Tax Board. -(C) Pursuant to the agreement described in subparagraph (A), the Franchise Tax Board has received an amount equal to the first year costs described in that subparagraph. -(f) In accordance with Section 6695(g) of the Internal Revenue Code, for failure to be diligent in determining eligibility for earned income credit for returns required to be filed on or after the effective date of the act adding this subdivision. -SEC. 4. -In future years, it is the intent of the Legislature to enact legislation that would expand the California Earned Income Tax Credit allowed by Section 17052 of the Revenue and Taxation Code, as state budget conditions permit, to benefit a broader section of working poor Californians. -SEC. 5. -This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately. -SECTION 1. -It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income and who meet certain other requirements. -This bill, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, would allow an earned income credit against personal income tax, and a payment in excess of that amount, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor as set forth in the annual Budget Act. -Existing law requires any bill authorizing a new personal income tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements, as provided. -To measure whether the earned income credit achieves its intended purpose, this bill would require the Franchise Tax Board to annually prepare a specified written report and to provide that report to specified legislative committees. -Existing law establishes the continuously appropriated Tax Relief and Refund Account, and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account. -By authorizing new payments from that account for amounts in excess of personal income tax liabilities, this bill would make an appropriation. -The Personal Income Tax Law imposes taxes based upon taxable income and also imposes interest and penalties with regard to those taxes under specified circumstances, including a penalty for the underpayment of estimated tax. Existing law provides no addition to tax shall be imposed to the extent that the underpayment was created or increased by any law that is chaptered during and operative for the taxable year of the underpayment. -This bill would provide that addition to tax shall not be imposed if the applicable percentage for the earned income tax credit for the taxable year was less than the applicable percentage for that credit for the preceding taxable year and would impose a penalty, in conformity with federal law, for failure to be diligent in determining eligibility for the earned income tax credit, as specified. -This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. -This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","An act relating to the Budget Act of 2015. -An act to amend Sections 19136 and 19167 of, and to add Section 17052 to, the Revenue and Taxation Code, relating to taxation, and making an appropriation therefor, to take effect immediately, bill related to the budget." -428,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 13332.19 of the Government Code is amended to read: -13332.19. -(a) For the purposes of this section, the following definitions shall apply: -(1) “Design-build” means a construction procurement process in which both the design and construction of a project are procured from a single entity. -(2) “Design-build project” means a capital outlay project using the design-build construction procurement process. -(3) “Design-build entity” means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed. -(4) “Design-build solicitation package” means the performance criteria, any concept drawings, the form of contract, and all other documents and information that serve as the basis on which bids or proposals will be solicited from the design-build entities. -(5) “Design-build phase” means the period following the award of a contract to a design-build entity in which the design-build entity completes the design and construction activities necessary to fully complete the project in compliance with the terms of the contract. -(6) “Performance criteria” means the information that fully describes the scope of the proposed project and includes, but is not limited to, the size, type, and design character of the buildings and site; the required form, fit, function, operational requirements, and quality of design, materials, equipment, and workmanship; and any other information deemed necessary to sufficiently describe the state’s needs. Performance criteria may include concept drawings, which include any schematic drawings or architectural renderings that are prepared in the detail necessary to sufficiently describe the state’s needs. -(b) (1) Except as otherwise specified in subparagraphs (A) to (D), inclusive, of paragraph (2) funds appropriated for a design-build project shall not be expended by any state agency, including, but not limited to, the University of California, the California State University, the California Community Colleges, and the Judicial Council, until the Department of Finance and the State Public Works Board have approved performance criteria. -(2) This section shall not apply to any of the following: -(A) Amounts for acquisition of real property, in fee or any lesser interest. -(B) Amounts for equipment or minor capital outlay projects. -(C) Amounts appropriated for performance criteria. -(D) Amounts appropriated for preliminary plans, if the appropriation was made prior to January 1, 2005. -(c) Any appropriated amounts for the design-build phase of a design-build project, where funds have been expended on the design-build phase by any state agency prior to the approval of the performance criteria by the State Public Works Board, and all amounts not approved by the board under this section shall be reverted to the fund from which the appropriation was made. A design-build project for which a capital outlay appropriation is made shall not be put out to design-build solicitation until the bid package has been approved by the Department of Finance. A substantial change shall not be made to the performance criteria as approved by the board and the Department of Finance without written approval by the Department of Finance. The Department of Finance shall approve any proposed bid or proposal alternates set forth in the design-build solicitation package. -(d) The State Public Works Board may augment a design-build project in an amount of up to 20 percent of the capital outlay appropriations for the project, irrespective of whether any such appropriation has reverted. For projects authorized through multiple fund sources, including, but not limited to, general obligation bonds and lease-revenue bonds, to the extent permissible, the Department of Finance shall have full authority to determine which of the fund sources will bear all or part of an augmentation. The board shall defer all augmentations in excess of 20 percent of the amount appropriated for each design-build project until the Legislature makes additional funds available for the specific project. -(e) In addition to the powers provided by Section 15849.6, the State Public Works Board may further increase the additional amount in Section 15849.6 to include a reasonable construction reserve within the construction fund for any capital outlay project without augmenting the project. The amount of the construction reserve shall be within the 20 percent augmentation limitation. The board may use this amount to augment the project, when and if necessary, after the lease-revenue bonds are sold to ensure completion of the project. -(f) Any augmentation in excess of 10 percent of the amounts appropriated for each design-build project shall be reported to the Chairperson of the Joint Legislative Budget Committee, or his or her designee, 20 days prior to board approval, or not sooner than whatever lesser time the chairperson, or his or her designee, may in each instance determine. -(g) (1) The Department of Finance may change the administratively or legislatively approved scope for major design-build projects. -(2) If the Department of Finance changes the approved scope pursuant to paragraph (1), the department shall report the changes and associated cost implications to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and the legislative members of the State Public Works Board 20 days prior to the proposed board action to recognize the scope change. -(h) The Department of Finance shall report to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and the legislative members of the State Public Works Board 20 days prior to the proposed board approval of performance criteria for any project when it is determined that the estimated cost of the total design-build project is in excess of 20 percent of the amount recognized by the Legislature. -SEC. 2. -Section 15770.5 of the Government Code is repealed. -SEC. 3. -Section 15816 of the Government Code is amended to read: -15816. -(a) When any public building has been acquired or constructed by the board, and the revenues, rentals, or receipts from the operation of the public building are no longer required or pledged for the payment of principal or interest on any of the certificates or revenue bonds of the board undertaken under this part, the public building shall be under the jurisdiction of, and operated and maintained by, the state agency that had jurisdiction of the property prior to the board’s financing of the public building. -(b) If at any time funds are available by law to retire any certificates or revenue bonds issued to defray the cost of any public building, these funds shall be applied to the redemption of certificates or revenue bonds secured by the rentals and revenues from that public building. -SEC. 4. -Section 15817.1 of the Government Code is amended to read: -15817.1. -(a) Exclusively for the purpose of facilitating the financing of public buildings pursuant to this part through the issuance of revenue bonds, notes, or certificates by the board, and notwithstanding any other law, the board may acquire by lease from any state agency public buildings identified by, and under the jurisdiction or control of, the state agency, and, in that connection, the board may then lease those public buildings back to the state agency and may pledge the revenues, rentals, or receipts to the lease to secure the repayment of revenue bonds, notes, or certificates issued by the board. The board is not required to apply the proceeds of the board’s bonds, notes, or certificates to acquire, design, construct, or otherwise improve the same public buildings that are leased pursuant to this section. In each case, the lease shall provide rental provisions, term, payment, security, default, remedy, and other terms or provisions as may be specified in the lease or other agreement or agreements between the board and the state agency and may provide for the substitution of other public buildings for the public buildings initially leased by the board and the state agency pursuant to this section. The public buildings that are leased pursuant to this section may be existing public buildings, as determined by the board and the state agency, and which the board and the state agency also determine to have both of the following: -(1) A fair rental value that is consistent with the principal amount of the bonds, notes, or certificates of the board authorized to be issued for the purpose of providing the financing of public buildings pursuant to this part. -(2) An economic useful life that is not shorter than the final maturity of the bonds, notes, or certificates of the board authorized to be issued for the purpose of providing the financing of public buildings pursuant to this part. -(b) These determinations by the board and the state agency pursuant to subdivision (a) shall be final and conclusive. -(c) A lease made pursuant to this section does not require the approval of the Director of General Services. -(d) The board or a state agency may utilize subdivision (a) in connection with the issuance of any revenue bonds, notes, or certificates previously authorized but not issued, or any revenue bonds, notes, or certificates authorized subsequent to the effective date of the act adding this subdivision. -(e) On or before June 30, 2017, the Department of Finance shall report to the fiscal committees of the Legislature the following regarding the removal of the July 1, 2015, inoperative date from the asset transfer authority of the board. The report shall include, but is not limited to, all of the following: -(1) The number of times the asset transfer authority has been invoked. -(2) The aggregate amount of financing secured through asset transfers. -(3) An estimate of the financing savings realized through the use of asset transfers. -SEC. 5. -Section 15820.903 of the Government Code is amended to read: -15820.903. -(a) The SPWB may issue up to three hundred forty million eight hundred sixty-six thousand dollars ($340,866,000) in revenue bonds, notes, or bond anticipation notes, pursuant to Chapter 5 of Part 10b of Division 3 of Title 2 (commencing with Section 15830) to finance the acquisition, design, or construction, and a reasonable construction reserve, of approved local jail facilities described in Section 15820.901, and any additional amount authorized under Section 15849.6 to pay for the cost of financing. -(b) Proceeds from the revenue bonds, notes, or bond anticipation notes may be utilized to reimburse a participating county for the costs of acquisition, preliminary plans, working drawings, and construction for approved projects. -(c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.902 are continuously appropriated for purposes of this chapter. -(d) This section shall become inoperative on June 30, 2017, and no project may be commenced after that date; however, projects that have already commenced by that date may be completed and financed with bonds issued pursuant to this chapter. -SEC. 6. -Section 15820.913 of the Government Code is amended to read: -15820.913. -(a) The SPWB may issue up to eight hundred seventy million seventy-four thousand dollars ($870,074,000) in revenue bonds, notes, or bond anticipation notes, pursuant to Chapter 5 of Part 10b of Division 3 of Title 2 (commencing with Section 15830) to finance the acquisition, design, or construction, and a reasonable construction reserve, of approved local jail facilities described in Section 15820.911, and any additional amount authorized under Section 15849.6 to pay for the cost of financing. -(b) Proceeds from the revenue bonds, notes, or bond anticipation notes may be used to reimburse a participating county for the costs of acquisition, preliminary plans, working drawings, and construction for approved projects. -(c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.912 are continuously appropriated for purposes of this chapter. -SEC. 7. -Section 15820.922 of the Government Code is amended to read: -15820.922. -(a) The board may issue up to five hundred nine million sixty thousand dollars ($509,060,000) in revenue bonds, notes, or bond anticipation notes, pursuant to Chapter 5 (commencing with Section 15830) to finance the acquisition, design, and construction, including, without limitation, renovation, and a reasonable construction reserve, of approved adult local criminal justice facilities described in Section 15820.92, and any additional amount authorized under Section 15849.6 to pay for the cost of financing. -(b) Proceeds from the revenue bonds, notes, or bond anticipation notes may be used to reimburse a participating county for the costs of acquisition, design, and construction, including, without limitation, renovation, for approved adult local criminal justice facilities. -(c) Notwithstanding Section 13340, funds derived pursuant to this section and Section 15820.921 are continuously appropriated for purposes of this chapter. -SEC. 8. -Section 15831 of the Government Code is amended to read: -15831. -All bonds issued under this part shall bear the facsimile signature of the Governor and the facsimile countersignature of the Controller and the Treasurer, and the bonds shall be signed, countersigned, and endorsed by the officers who shall be in office on the date of issuance thereof, and each of the bonds shall bear an impress of the Great Seal of the State of California. The bonds so signed, countersigned, endorsed, and sealed, when sold, are valid although the sale thereof be made at a date or dates upon which the officers having signed, countersigned, and endorsed the bonds, or any or either of the officers, shall have ceased to be the incumbents of the offices held by them at the time of signing, countersigning, or endorsing the bonds. Each bond issued under this part, if subject to call or redemption prior to maturity, shall contain a recital to that effect. -The rate of interest to be borne by the bonds need not be uniform for all bonds of the same issue or series or maturity and a “not to exceed” interest rate may be determined and fixed by the board by resolution adopted prior to or after the sale of the bonds. The Treasurer, when authorized by resolution of the board, may sell bonds above, below, or at their par or face value. -SEC. 9. -Section 15832 of the Government Code is amended to read: -15832. -Upon receipt of a resolution of the board authorizing the issuance of bonds, the Treasurer shall provide for their preparation in accordance with the resolution. The bonds authorized to be issued shall be sold by the Treasurer, at public sale or at private sale, as directed by the board. In the case of public sale, (1) the bonds shall be sold by the Treasurer, at such time as may be fixed by him or her, and upon such notice as he or she may deem advisable, upon bids submitted to the Treasurer in the form and by the means specified by the Treasurer, to the bidder whose bid will result in the lowest interest cost on account of such bonds, and (2) if no bids are received, or if the Treasurer determines that the bids are not satisfactory, the Treasurer may reject all bids received, if any, and either readvertise or sell the bonds at private sale. For purposes of this chapter, the method for determining the lowest interest cost bid shall be determined by the Treasurer and shall be limited to either the net interest cost method or the true interest cost method determined by the bids as submitted in accordance with the notice of sale. The net interest cost of each bid shall be determined by ascertaining the total amount of interest that the state would be required to pay under that bid, from the date of the bonds to the respective maturity dates of the bonds then offered for sale, at the interest rate or rates specified in the bid, less the total amount of the premium, if any, or plus the total amount of the discount, if any, offered by the bid. The bid under which the amount ascertained is the least shall be deemed to be the bid resulting in the lowest net interest cost. Under the true interest cost method, the bonds shall be awarded to the bidder submitting the lowest interest rate bid determined by the nominal interest rate that, when compounded semiannually and used to discount the debt service payments on the bonds to the date of the bonds, results in an amount equal to the price bid for the bonds, excluding interest accrued to the date of delivery. -Temporary or interim bonds, certificates, or receipts of any denomination whatever, to be signed by the Treasurer, may be issued and delivered until the definitive bonds are executed and available for delivery. Signature of the Treasurer may be by signature stamp. -SEC. 10. -Section 15848 of the Government Code is amended to read: -15848. -Notwithstanding Section 13340 or any other provision of law, the amount as may be necessary to pay the rent of any agency occupying space in a facility authorized to be acquired or constructed under the State Building Construction Act of 1955 or a facility leased by a state agency pursuant to a joint powers agreement in accordance with Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 is hereby appropriated each fiscal year payable from the fund in the State Treasury from which that agency derives its appropriation for support and shall become available only if the rental payments are due during a period that the state is operating without funds appropriated by the Budget Act for that fiscal year or if the amount required to pay the rental payments has not been included in the Budget Act for that fiscal year and the Department of Finance certifies to the Controller that sufficient funds are available for the support of the agency for that portion of the facility that has been provided for its use and the facility or portion thereof is available for the use and occupancy of the agency. This appropriation shall be inoperative as to any facility for which jurisdiction has been transferred pursuant to Section 15816. -SEC. 11. -This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","(1) Existing law, except as specified, prohibits any state agency from expending funds appropriated for design-build projects until the Department of Finance and the State Public Works Board have approved performance criteria or performance criteria and concept drawings for the project. Existing law, for these purposes, defines the term “performance criteria” to mean the information that fully describes the scope of the proposed project, as specified. Existing law, for these purposes, defines the term “concept drawings” to mean any schematic drawings or architectural renderings that are prepared, in addition to performance criteria, in the detail necessary to sufficiently describe the state’s needs. -This bill would revise the definition of “performance criteria,” for these purposes, to include concept drawings, as specified. The bill would additionally make conforming changes. -(2) Existing law establishes the State Public Works Board which consists of the Director of Finance, the Director of Transportation, and the Director of General Services. Existing law authorizes the Director of Transportation and the Director of General Services to appoint a deputy or assistant director in their respective departments to act in their place on the board, as specified. -This bill would repeal that authorization. -(3) Existing law requires the State Public Works Board to notify the Department of General Services whenever the revenues, rentals, or receipts from the operation of a public building that was acquired or constructed by the board are no longer required or pledged for the payment of principal or interest on any of the certificates or revenue bonds of the board. Existing law provides that thereafter, that public building is under the jurisdiction of, and operated and maintained by, the Department of General Services. -This bill would repeal this notification requirement and instead require those buildings to return to the jurisdiction of, and be operated and managed by, the state agency that had jurisdiction of the property prior to the board’s financing of the public building. The bill would additionally make conforming changes. -Existing law exempts from these provisions any public buildings that are acquired by lease by the board from a state agency, for the purposes of leasing the public building back to the state agency, as specified, and public buildings constructed for lease purchase to the University of California, the Trustees of the California State University, the Board of Governors of the California Maritime Academy, or any community college district. Existing law provides that when the revenues, rentals, or receipts from the operation of any public facility or public building are no longer required or pledged for the payment of principal or interest on the certificates or revenue bonds of the board, title to the public building vests in the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Maritime Academy, or the community college district. -This bill would repeal these exemption and vesting provisions. -(4) Existing law, until July 1, 2015, authorizes the State Public Works Board to acquire public buildings by lease from any state agency, and to lease those public buildings back to the state agency and pledge the revenues, rentals, or receipts to the lease to secure repayment of revenue bonds, notes, or certificates issued by the board for the purpose of facilitating the financing of public buildings, as specified. -This bill would eliminate the repeal date and require the Department of Finance to report to the Legislature by June 30, 2017, on the effects of this repeal, as specified. -(5) Existing law requires all revenue bonds issued for state building construction to bear the signature of the Governor, and the facsimile countersignature of the Controller and the Treasurer, as specified. Existing law requires all interest coupons attached to each bond to bear the facsimile signature of the Treasurer, as specified. Existing law specifies that the rate of interest to be born by the bonds need not be uniform for all bonds of the same issue or series or division and provides that the rate may be determined and fixed by the State Public Works Board by resolution adopted at or after the sale of the bonds. -This bill would eliminate the requirement that all interest coupons attached to each bond bear the facsimile signature of the Treasurer and all references to interest coupons in these provisions. The bill would additionally provide that a “not to exceed” interest rate may be determined and fixed by the board by resolution adopted prior to or after the sale of the bonds. -(6) Existing law requires the highest bid received on the sale of the bonds to be determined by deducting the total amount of the premium bid, if any, from the total amount of the interest that the state would be required to pay from the date of the bonds or the last preceding interest payment date, whichever is latest, to the respective maturity date of the bonds, as specified, and requires the award to be made on the basis of the lowest net interest cost to the state. Existing law requires the Treasurer, upon receipt of a resolution of the State Public Works Board authorizing the issuance of bonds, to provide for the preparation of the bonds in accordance with the resolution. In the case of a public sale, existing law authorizes the Treasurer to sell the bonds at the time, and with the notice, determined by the Treasurer, upon sealed bids, to the bidder whose bid will result in the lowest net interest cost on account of the bonds. -This bill would instead authorize the Treasurer, for a public sale, to set forth the form and means of bids, and to sell to the bidder whose bid will result in the lowest interest cost to the state on account of the bonds. The bill would set forth the procedures the Treasurer may use to determine the lowest interest cost to the state, including the net interest cost of each bid, or the true interest cost of each bid, as defined. -(7) Existing law authorizes the Department of Corrections and Rehabilitation, participating counties, and the State Public Works Board to acquire, design, and construct local jail facilities approved by the Board of State and Community Corrections (BSCC). Existing law authorizes the State Public Works Board to issue revenue bonds, notes, or bond anticipation notes in the amounts of $365,771,000 and $854,229,000, in 2 phases, to finance the acquisition, design, and construction, and a reasonable construction reserve, of approved local jail facilities, as specified. Existing law authorizes the State Public Works Board to issue revenue bonds, notes, or bond anticipation notes in the amount of $500,000,000 to finance the acquisition, design, and construction, and a reasonable construction reserve, of approved adult local criminal justice facilities, as defined. The funds derived from those revenue bonds, notes, or bond anticipation notes are continuously appropriated for the purposes described above. -This bill would decrease the authorization for revenue bonds, notes, or bond anticipation notes in the first phase from $365,771,000 to $340,866,000 and increase the authorization of the 2nd phase from $854,229,000 to $870,074,000. The bill would also increase the authorization to be used for adult local criminal justice facilities from $500,000,000 to $509,060,000. -(8) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to amend Sections 13332.19, 15816, 15817.1, 15820.903, 15820.913, 15820.922, 15831, 15832, and 15848 of, and to repeal Section 15770.5 of, the Government Code, relating to public works, and making an appropriation therefor, to take effect immediately, bill related to the budget." -429,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12439 of the Government Code is repealed. -12439. -(a)Beginning July 1, 2002, any state position that is vacant for six consecutive monthly pay periods shall be abolished by the Controller on the following July 1. The six consecutive monthly pay periods may occur entirely within one fiscal year or between two consecutive fiscal years. -(b)The Director of Finance may authorize the reestablishment of any positions abolished pursuant to this section if one or more of the following conditions existed during part or all of the six consecutive monthly pay periods: -(1)There was a hiring freeze in effect during part or all of the six consecutive pay periods. -(2)The department has diligently attempted to fill the position, but was unable to complete all the steps necessary to fill the position within six months. -(3)The position has been designated as a management position for purposes of collective bargaining and has been held vacant pending the appointment of the director, or other chief executive officer, of the department as part of the transition from one Governor to the succeeding Governor. -(4)The classification of the position is determined to be hard-to-fill. -(5)Late enactment of the budget causes the department to delay filling the position. -(c)The Controller shall reestablish any position for which the director of the department in which that position existed prior to abolishment certifies by August 15 that one or more of the following conditions existed during part or all of the six consecutive pay periods: -(1)The position is necessary for directly providing 24-hour care in an institution operated by the state. -(2)The position is necessary for the state to satisfy any licensing requirements adopted by a local, state, or federal licensing or other regulatory agency. -(3)The position is directly involved in services for public health, public safety, or homeland security. -(4)The position is being held vacant because the previous incumbent is eligible to exercise a mandatory right of return from a leave of absence as may be required by any provision of law including, but not limited to, leaves for industrial disability, nonindustrial disability, military service, pregnancy, childbirth, or care of a newborn infant. -(5)The position is being held vacant because the department has granted the previous incumbent a permissive leave of absence as may be authorized by any provision of law including, but not limited to, leaves for adoption of a child, education, civilian military work, or to assume a temporary assignment in another agency. -(6)Elimination of the position will directly reduce state revenues or other income by more than would be saved by elimination of the position. -(7)The position is funded entirely from moneys appropriated pursuant to Section 221 of the Food and Agricultural Code, was established with the Controller pursuant to Section 221.1 of the Food and Agricultural Code, and directly responds to unforeseen agricultural circumstances requiring the relative expertise that the position provides. -(d)Each department shall maintain for future independent audit all records on which the department relied in determining that any position or positions satisfied one or more of the criteria specified in paragraphs (1) to (6), inclusive, of subdivision (c). -(e)The only other exceptions to the abolishment required by subdivision (a) are those positions exempt from civil service or those instructional and instruction-related positions authorized for the California State University. No money appropriated by the subsequent Budget Act shall be used to pay the salary of any otherwise authorized state position that is abolished pursuant to this section. -(f)The Controller, no later than September 10 of each fiscal year, shall furnish the Department of Finance in writing a preliminary report of any authorized state positions that were abolished effective on the preceding July 1 pursuant to this section. -(g)The Controller, no later than October 15 of each fiscal year, shall furnish the Joint Legislative Budget Committee and the Department of Finance a final report on all positions that were abolished effective on the preceding July 1. -(h)Departments shall not execute any personnel transactions for the purpose of circumventing the provisions of this section. -(i)Each department shall include a section discussing its compliance with this section when it prepares its report pursuant to Section 13405. -(j)As used in this section, department refers to any department, agency, board, commission, or other organizational unit of state government that is empowered to appoint persons to civil service positions. -(k)This section shall become operative July 1, 2002. -SEC. 2. -Section 22775 of the Government Code is amended to read: -22775. -“Family member” means an employee’s or annuitant’s spouse or domestic partner and any child, including an adopted child, a stepchild, or recognized natural child. The board shall, by regulation, prescribe age limits and other conditions and limitations pertaining to children. -“Family member” does not include a former spouse or former domestic partner of an employee or annuitant. -SEC. 3. -Section 22781 of the Government Code is amended to read: -22781. -“Prefunding” means the making of periodic payments by an employer -or employee -to partially or completely -fund or -amortize the -actuarially determined normal costs or -unfunded actuarial obligation of the employer for -postemployment -health -care -benefits provided to annuitants and their family members. -SEC. 4. -Section 22843.1 is added to the Government Code, to read: -22843.1. -(a) Pursuant to standards established by the Department of Human Resources, the employing office of a state employee or state annuitant shall possess documentation verifying eligibility of an employee’s or annuitant’s family member prior to the enrollment of a family member in a health benefit plan. The employing office shall maintain the verifying documentation in the employee or annuitant’s official personnel or member file. -(b) The employing office of the state employee or state annuitant shall obtain verifying documentation to substantiate the continued eligibility of family members as follows: -(1) At least once every three years for the following family members: -(A) Spouses. -(B) Domestic partners. -(C) Children and stepchildren. -(D) Domestic partner children. -(2) At least once annually for other children for whom the state employee or state annuitant has assumed a parent-child relationship. -(c) For purposes of this section, the Public Employees’ Retirement System is the employing office of a state annuitant. -SEC. 5. -Section 22844 of the Government Code is amended to read: -22844. -(a) Employees, annuitants, and family members who become eligible to enroll on or after January 1, 1985, in Part A and Part B of Medicare -may -shall -not be enrolled in a basic health benefit plan. If the employee, annuitant, or family member is enrolled in Part A and Part B of Medicare, he or she may enroll in a Medicare health benefit plan. -(b) Employees, annuitants, and family members enrolled in a prescription drug plan under Part D of Medicare -may -shall -not be enrolled in a board-approved health benefit plan. This subdivision does not apply to an individual enrolled in a board-approved or offered health benefit plan that provides a prescription drug plan or qualified prescription drug coverage under Part D of Medicare as part of its benefit design. -(c) This section does not apply to employees and family members that are specifically excluded from enrollment in a Medicare health benefit plan by federal law or -federal -regulation. -(d) The board shall not grant any further exemptions to this section after July 1, 2015. -SEC. 6. -Section 22865 of the Government Code is amended to read: -22865. -Prior -Not later than 30 days prior -to the approval of -proposed -benefits and premium readjustments authorized under Section 22864, the board shall -notify -provide an initial estimate of proposed changes and costs in writing to -the -Legislature, -Joint Legislative Budget Committee, -the -chairpersons of the committees and subcommittees in each house of the Legislature that consider the Public Employees’ Retirement System’s budget and activities, the State Controller, the -Trustees of the California State University, -and -the Department of Human -Resources -Resources, the Director -of -Finance, and -the -proposed changes in writing. -Legislative Analyst. -SEC. 7. -Section 22866 of the Government Code is amended to read: -22866. -(a) -The board shall report to the Legislature -and the Director of Finance -annually, on November 1, regarding the -success or failure of each -health -benefit plan. -benefits program. -The report shall include, but not be limited -to, the costs -to the -board and to participants, the degree of satisfaction of members and annuitants with the health benefit plans and with the quality of the care provided, as determined by a representative sampling of participants, and the level of accessibility to preferred providers for rural members who do not have access to health maintenance organizations. -following: -(1) General overview of the health benefits program, including, but not limited to, the following: -(A) Description of health plans and benefits provided, including essential and nonessential benefits as required by state and federal law, member expected out-of-pocket expenses, and actuarial value by metal tier as defined by the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). -(B) Geographic coverage. -(C) Historic enrollment information by basic and medicare plans, by state and contract agencies, by active and retired membership, and by subscriber and dependent tier. -(D) Historic expenditures by basic and medicare plans, by state and contract agencies, by active and retired membership, and by subscriber and dependent tier. -(2) Reconciliation of premium increases or decreases from the prior plan year, and the reasons for those changes. -(A) Description of benefit design and benefit changes, including prescription drug coverage, by plan. The description shall detail whether benefit changes were required by statutory mandate, federal law, or an exercise of the board’s discretion, the costs or savings of the benefit change, and the impact of how the changes fit into a broader strategy. -(B) Discussion of risk. -(C) Description of medical trend changes in aggregate service categories for each plan. The aggregate service categories used shall include the standard categories of information collected by the board, consisting of the following: inpatient, emergency room, ambulatory surgery, office, ambulatory radiology, ambulatory lab, mental health and substance abuse, other professional, prescriptions, and all other service categories. -(D) Reconciliation of past year premiums against actual enrollments, revenues, and accounts receivables. -(3) Overall member health as reflected by data on chronic conditions. -(4) The impact of federal subsidies or contributions to the health care of members, including Medicare Part A, Part B, Part C, or Part D, low-income subsidies, or other federal program. -(5) The cost of benefits beyond Medicare contained in the board’s Medicare supplemental plans. -(6) A description of plan quality performance and member satisfaction, including, but not limited to, the following: -(A) The Healthcare Effectiveness Data and Information Set, referred to as HEDIS. -(B) The Medicare star rating for Medicare supplemental plans. -(C) The degree of satisfaction of members and annuitants with the health benefit plans and with the quality of the care provided, to the extent the board surveys participants. -(D) The level of accessibility to preferred providers for rural members who do not have access to health maintenance organizations. -(E) Other applicable quality measurements collected by the board as part of the board’s health plan contracts. -(7) A description of risk assessment and risk mitigation policy related to the board’s self-funded and flex-funded plan offerings, including, but not limited to the following: -(A) Reserve levels and their adequacy to mitigate plan risk. -(B) The expected change in reserve levels and the factors leading to this change. -(C) Policies to reduce excess reserves or rebuild inadequate reserves. -(D) Decisions to lower premiums with excess reserves. -(E) The use of reinsurance and other alternatives to maintaining reserves. -(8) Description and reconciliation of administrative expenditures, including, but not limited to, the following: -(A) Organization and staffing levels, including salaries, wages, and benefits. -(B) Operating expenses and equipment expenditure items, including, but not limited to, internal and external consulting and intradepartmental transfers. -(C) Funding sources. -(D) Investment strategies, historic investment performance, and expected investment returns of the Public Employees’ Contingency Reserve Fund and the Public Employees’ Health Care Fund. -(9) Changes in strategic direction and major policy initiatives. -(b) A report submitted pursuant to subdivision (a) shall be provided in compliance with Section 9795. -SEC. 8. -Section 22940 of the Government Code is amended to read: -22940. -(a) -There is in the State Treasury the Annuitants’ Health Care Coverage Fund that is a trust fund and a retirement fund, within the meaning of Section 17 of Article XVI of the California Constitution. -Notwithstanding -Subject to the limitation provided in subdivision (b), notwithstanding -Section 13340, all moneys in the fund are continuously appropriated without regard to fiscal years to the board for expenditure for the prefunding of health care coverage for annuitants pursuant to this part, including administrative costs. The board has sole and exclusive control and power over the administration and investment of the Annuitants’ Health Care Coverage Fund and shall make investments pursuant to Part 3 (commencing with Section 20000). -(b) (1) Moneys accumulated in the designated state subaccounts of the fund, or a successor fund, that are derived from investment income shall not be used to pay benefits for state annuitants and dependents until the earlier of: -(A) With regard to a particular designated state subaccount, the date the funded ratio of the designated state subaccount reaches at least 100 percent as determined in that employer’s postemployment benefits actuarial valuation and then only for the purpose of paying benefits for state annuitants and dependents associated with that subaccount. -(B) July 1, 2046. -(2) For purposes of this subdivision, “designed state subaccount” means a separate account maintained within the fund to identify prefunding contributions and assets attributable to a specified state collective bargaining unit or other state entity for the purpose of providing benefits to state annuitants and dependents associated with a specified collective bargaining unit or other state entity. -(3) This subdivision shall not be construed as prohibiting an alternative funding strategy agreed to in a written memorandum of understanding. -SEC. 9. -This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately. -SECTION 1. -It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","(1) The Public Employees’ Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees’ Retirement System, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their families. PEMHCA defines “family member” for these purposes. PEMHCA authorizes the board to contract with carriers offering health benefit plans and prohibits employees, annuitants, and their family members who are eligible for Medicare, as specified, from enrolling in a basic health benefit plan. PEMHCA requires the board to make certain notifications and reports to the Legislature in connection with health benefit plans offered pursuant to its provisions. -This bill would clarify the definition of family for the purposes of PEMHCA by specifically excluding former spouses and former domestic partners. The bill would require the employing office, as specified, of a state employee or state annuitant, pursuant to standards established by the Department of Human Resources, to possess documentation verifying eligibility of an employee’s family member prior to the enrollment of a family member in a health benefit plan and to verify continued eligibility pursuant to a specified schedule. The bill would prohibit the board from granting further exceptions to the rule against enrolling in employees, annuitants, and their family members who are eligible for Medicare, as specified, in a basic health benefit plan. The bill would revise the entities to which the board is required to provide notification of approval of proposed benefit and premium readjustments to exclude the Legislature as a whole and to instead require provision of an initial estimate of proposed changes in writing to the Joint Legislative Budget Committee, the chairpersons of the committees and subcommittees in each house of the Legislature that consider the Public Employees’ Retirement System’s budget and activities, the State Controller, the Director of Finance, and the Legislative Analyst. The bill would specify the latest date that this notification may take place. The bill would require the board to provide a specified, detailed report to the Legislature and the Director of Finance annually, on November 1, regarding the health benefit plans it provides. -(2) PEMHCA establishes the Annuitants’ Health Care Coverage Fund, which is continuously appropriated for the purpose of prefunding of health care coverage for annuitants, including administrative costs. PEMHCA defines “prefunding” for these purposes. -This bill would prohibit the use of certain state funds in the Annuitants’ Health Care Coverage Fund for the payment of benefits until the earlier of 2 specified dates. The bill would revise the definition of prefunding to include employee as well as employer payments and to provide that payments may fund the actuarially determined normal costs of postemployment health care benefits. By providing a new funding source for a continuously appropriated fund, this bill would make an appropriation. -(3) Existing law prescribes the duties of the Controller, which generally regard supervision of the fiscal concerns of the state. Existing law requires the Controller to abolish a state position that is vacant for 6 consecutive monthly pay periods on the following July 1, and permits the Director of Finance to authorize reestablishment of a position abolished pursuant to this authority under certain conditions. Among other things, existing law requires the Controller to reestablish a position abolished pursuant to this authority if the director of the department in which that position existed prior to abolishment makes a certification by August 15, as specified. -This bill would repeal the provisions pertaining to vacant positions described above. -This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. -This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","An act relating to the Budget Act of 2015. -An act to amend Sections 22775, 22781, 22844, 22865, 22866, and 22940 of, to add Section 22843.1 to, and to repeal Section 12439 of, the Government Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget." -430,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 18546 of the Government Code is amended to read: -18546. -“Career executive” means an employee appointed from an employment list established for the express purpose of providing a list of persons who are eligible for career executive assignments, as specified in Article 5 (commencing with Section 18990) of Chapter 4 and Article 9 (commencing with Section 19889) of Chapter 2.5 of Part 2.6, in which examination, selection, classification, salary, tenure, and other conditions of employment may be varied from those prevailing under Chapter 3 (commencing with Section 18800) to Chapter 7 (commencing with Section 19570), inclusive, for other employees in the state civil service. -SEC. 2. -Section 18990 of the Government Code is amended to read: -18990. -(a) Notwithstanding any other provision of law or rule, persons employed by the Legislature for two or more consecutive years shall be given an opportunity, upon request, to obtain civil service appointment list eligibility by taking any promotional civil service examination or career executive assignment examinations for which they meet the minimum qualifications of the class for which they seek appointment. Persons receiving passing scores shall gain list eligibility or appointment. In evaluating minimum qualifications, a person’s legislative experience shall be considered state civil service experience in a comparable class that has the same or substantially similar duties and responsibilities as the person’s legislative position. -(b) Persons who meet the requirements of this section, but who resigned or were released from service with the Legislature, shall be eligible to take promotional civil service examinations and career executive assignment examinations in accordance with subdivision (a). -SEC. 3. -Section 18991 of the Government Code is amended to read: -18991. -Notwithstanding any other provision of law, persons retired from the United States military, honorably discharged from active military duty with a service-connected disability, or honorably discharged from active duty, shall be eligible to apply for promotional civil service examinations and career executive assignment examinations for which they meet the minimum qualifications of the class to which they seek appointment. Persons receiving passing scores shall gain list eligibility for appointment. In evaluating minimum qualifications, the person’s military experience shall be considered state civil service experience in a comparable class that has the same or substantially similar duties and responsibilities as the person’s position in the military. -SEC. 4. -Section 18992 of the Government Code is amended to read: -18992. -(a) Notwithstanding any other provision of law or rule, persons holding, for two or more consecutive years, nonelected exempt positions in the executive branch of government as defined in subdivisions (c), (e), (f), (g), (i), and (m) of Section 4 of Article VII of the Constitution and excluding those positions for which the salaries are set by statute, shall be given the opportunity, upon request, to obtain civil service appointment list eligibility by taking any promotional civil service examination or career executive assignment examination for which they meet the minimum qualifications of the class to which they seek appointment. Persons receiving passing scores shall gain list eligibility for appointment. In evaluating minimum qualifications, the person’s experience in the exempt position shall be considered state civil service experience in a comparable class that has the same or substantially similar duties and responsibilities as the person’s exempt position. -(b) Persons who meet the requirements of this section, but who resigned or were released from exempt employment of the executive branch of government, shall be eligible to take promotional civil service examinations and career executive assignment examinations in accordance with subdivision (a). -SEC. 5. -Section 18993 of the Government Code is amended to read: -18993. -(a) Notwithstanding any other provision of law, a legislative or nonelected exempt executive branch employee who is appointed to a career executive assignment pursuant to Section 18990 or 18992, shall be eligible to compete in his or her appointing power’s promotional examinations for which he or she meets the minimum qualifications of the class to which he or she seeks appointment. When such an employee’s career executive assignment is terminated by the appointing power, he or she shall have the right to request a deferred examination for any promotional eligible list that his or her appointing power has in existence at the time of the termination of the career executive assignment and for which he or she meets the minimum qualifications of the class to which he or she seeks appointment. -(b) A request for a deferred examination pursuant to subdivision (a) shall be made no later than 10 days after the effective date of the termination of the career executive assignment. The department shall administer the deferred examination within 30 days of the date of the request. -SEC. 6. -Section 19057 of the Government Code is repealed. -SEC. 7. -Section 19057.1 of the Government Code is amended to read: -19057.1. -Except for reemployment lists, State Restriction of Appointment lists, and Limited Examination and Appointment Program referral lists, there shall be certified to the appointing power the names and addresses of all those eligibles whose scores, at the time of certification, represent the three highest ranks on the employment list for the class, and who have indicated their willingness to accept appointment under the conditions of employment specified. -For purposes of ranking, scores of eligibles on employment lists covered by this section shall be rounded to the nearest whole percent. A rank shall consist of one or more eligibles with the same whole percentage score. -If the names on the list from which certification is being made represent fewer than three ranks, then, consistent with board rules, additional eligibles may be certified from the various lists next lower in order of preference until names from three ranks appear. If there are fewer than three names available for certification, and the appointing authority does not choose to appoint from among these, the appointing authority may demand certification of three names. In that case, examinations shall be conducted until at least three names may be certified by the procedure described in this section, and the appointing authority shall fill the position by appointment of one of the persons certified. -Fractional examination scores shall be provided to, and used by, the Department of the California Highway Patrol for its peace officer classes. -The department may, consistent with board rules, provide for certifying less than three ranks where the size of the certified group is disproportionate to the number of vacancies. -SEC. 8. -Section 19057.2 of the Government Code is repealed. -SEC. 9. -Section 19057.3 of the Government Code is amended to read: -19057.3. -(a) For a position in the Department of Corrections and Rehabilitation, there shall be certified to the appointing power the names and addresses of all those eligibles for peace officer and closely allied classes whose scores, at the time of certification, represent the three highest ranks on the employment list for the class in which the position belongs and who have indicated their willingness to accept appointment under the conditions of employment specified. -(b) For purposes of ranking, scores of eligibles on employment lists for the classes shall be rounded to the nearest whole percent. A rank consists of one or more eligibles with the same whole percentage score. -(c) If fewer than three ranks of persons willing to accept appointment are on the list from which certification is to be made, then additional eligibles shall be certified from the various lists next lower in order of preference until names from three ranks are certified. If there are fewer than three names on those lists, and the appointing power does not choose to appoint from among these, the appointing power may demand certification of three names and examinations shall be conducted until at least three names may be certified. The appointing power shall fill the position by the appointment of one of the persons certified. -(d) The department may, consistent with board rules, provide for certifying less than three ranks where the size of the certified group is disproportionate to the number of vacancies. -(e) The department may, consistent with board rules, allow for the names of eligibles to be transferred from lists for the same class or comparable classes where names from one list were certified under the rule of three ranks, and names from the other list were certified under the rule of three names. -SEC. 10. -Section 19057.4 of the Government Code is repealed. -SEC. 11. -Section 19889 of the Government Code is amended to read: -19889. -It is the purpose of this article to encourage the development and effective use of well-qualified and carefully selected executives. In order to carry out this purpose, the State Personnel Board shall establish by rule a merit system specifically suited to the selection and placement of executive personnel. The department shall be responsible for salary administration, position classification, and for the motivation and training of executive personnel. For the purpose of administering this system there is established herewith a category of civil service appointment called “career executive assignments.” The department shall designate positions of a high administrative and policy influencing character for inclusion in or removal from this category subject to review by the State Personnel Board, except that the department shall not so designate a position in which there is an incumbent already appointed under the provisions of this part governing employees other than career executives. -SEC. 12. -Section 19889.2 of the Government Code is amended to read: -19889.2. -The provisions of this part governing the examination, selection, classification, and tenure of employees in the regular civil service shall not apply to “career executive assignments” unless provided for by State Personnel Board rule. The provisions of this part relating to punitive actions shall apply to all employees serving in career executive assignments, except that termination of a career executive assignment as provided for in Section 19889.3 is not a punitive action. State Personnel Board rules shall, at a minimum, afford all employees whose career executive assignments are terminated by the appointing power a right of appeal to the State Personnel Board for restoration of his or her assignment when he or she alleges that the termination was for reasons prohibited in Chapter 10 (commencing with Section 19680) of Part 2. -SEC. 13. -Section 19889.3 of the Government Code is amended to read: -19889.3. -(a) Eligibility for appointment to positions in the career executive assignment category shall be established as a result of competitive examinations. All candidates shall meet such minimum qualifications as the State Personnel Board may determine are requisite to the performance of high administrative and policy influencing functions. -(b) No person employed in a career executive assignment shall be deemed to acquire as a result of such service any rights to or status in positions governed by the provisions of this part relating to the civil service other than the category of career executive assignment, except as provided by State Personnel Board rule. -SEC. 14. -Section 19889.4 is added to the Government Code, to read: -19889.4. -In accordance with State Personnel Board rules, the following shall apply when an appointing power terminates a career executive assignment: -(a) An employee who at the time of his or her appointment to a career executive assignment was employed by the state and had permanent civil service status shall, if he or she so desires, be reinstated to a civil service position that is (1) not a career executive assignment and (2) that is at least at the same salary level as the last position that he or she held as a permanent or probationary employee. If the employee had completed a minimum of five years of state service, he or she may return to a position that is (1) at substantially the same salary level as the last position in which he or she had permanent or probationary status or (2) at a salary level that is at least two steps lower than that of the career executive position from which the employee is being terminated. -(b) Article 5 (commencing with Section 19140) of Chapter 5 of Part 2 shall apply to an employee who at the time of his or her appointment to a career executive assignment was not employed by the state but who had previously worked for the state and gained permanent civil service status. -(c) (1) -Unless otherwise provided in Article 5 (commencing with Section 18990) of Chapter 4 of Part 2, an -An -employee who at the time of his or her appointment to a career executive assignment was from outside civil service shall -be eligible to compete in any promotional examination for which he or she meets the minimum qualifications as prescribed by the class specification. An employee receiving a passing score shall have his or her name placed on the promotional list resulting from the examination or otherwise gain eligibility for appointment. He or she shall -have the right to request a deferred examination for any -promotional -open -eligible list that -is -his or her appointing power or the department ha -s -in existence at the time -of the termination of -the career executive assignment -is terminated -and for which he or she meets the minimum qualifications -as prescribed by the class specification. For -of the class to which he or she seeks appointment. Whether the employee takes a deferred examination or other open civil service examination, for -purposes of evaluating -whether he or she meets the -minimum -qualifications, -qualifications of the class to which he or she seeks appointment, -related experience gained in a career executive assignment shall be considered as state civil service experience in a comparable class. -Employees may transfer list eligibility between appointing powers in the same manner as provided for civil service employees. -(2) A request for a deferred examination pursuant to paragraph (1) shall not be made later than 10 days after the effective date of the termination of the career executive assignment. The department or its designee shall administer the deferred examination within 30 days of the date of the request. -SEC. 15. -The sum of three hundred thousand dollars ($300,000) is hereby appropriated from the General Fund to the Department of Finance for the purpose of funding the posting on the department’s Internet Web site of all budget requests included as part of the Governor’s Budget. -SEC. 16. -This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","(1) The California Constitution provides that the civil service includes every officer and employee in the state except as otherwise provided in the Constitution, and existing statutory law, the State Civil Service Act, prescribes a comprehensive civil service personnel system for the state. The act grants eligibility for promotional civil service examinations and career executive assignment examinations to persons who meet certain requirements and minimum qualifications and who are employed by the Legislature, persons who are retired from the United States armed forces, honorably discharged from active military duty with a service-connected disability, or honorably discharged from active duty, or persons who were employees of the executive branch in exempt positions. -This bill would revise eligibility standards applicable to people who were employed by the Legislature, people who retired or were discharged from the armed forces, and people who were formerly employed in exempt, executive branch positions, as described above, to permit them, upon request, to obtain civil service appointment list eligibility by taking promotional exams or career executive exams for which they meet minimum qualifications, as specified. The bill would eliminate the requirement that an employee or veteran, in this context, select only one promotional examination in which to compete when multiple examinations are given. Among other things, the bill would also remove a time limit on this eligibility granted to specified former employees of the Legislature and employees of the executive branch in exempt positions. -(2) Existing law generally requires that appointments to vacant positions be made by lists. Existing law requires, with specified exceptions, that an appointing power receive the names and addresses of the three persons highest on a promotional employment list for the class in which a position belongs, and if there are fewer than three names, as specified, additional names are provided from the various lists next lower in order of preference. Existing law prescribes requirements for providing names to an appointing power for positions designated as management and specifies a method of ranking eligible candidates in this context. Existing law prescribes requirements for providing names to an appointing power for positions designated as supervisory and not professional, scientific, or administrative, and that are not examined for on an open basis, and specifies a method of ranking eligible candidates in this context. Existing law requires an appointing power to fill a position from the names of the persons provided. -This bill would repeal these provisions and make conforming changes. -(3) Existing law provides for career executive assignments to encourage the development for well-qualified executives and requires the State Personnel Board to establish, by a rule, a system of merit personnel administration specifically suited to the selection and placement of executive personnel. The State Civil Service Act defines career executive. Existing law requires the State Personnel Board, by rule, to provide that employees whose appointments to career executive assignments are terminated to be reinstated to civil service positions, as specified, at their option. -This bill would revise the definition of career executive to eliminate the requirement that the person have permanent status in the civil service. This bill would provide that various provisions relating to personnel examinations don’t apply to career executive assignments unless provided for by rule, as specified. The bill would grant reinstatement rights to employees who at the time of appointment to a career executive assignment were not employed by the state but who had previously worked for it and had gained permanent civil service status. The bill would grant an employee who at the time of his or her appointment to a career executive assignment -did not have -was from outside -civil service -status eligibility to compete in any promotional examination for which he or she meets the minimum qualifications as prescribed by the class specification, except as specified, and would provide these employees other rights in this context, including -the right to defer -examinations and to transfer list eligibility in the same manner as civil service employees. -examination for any open eligible list, as specified, in existence at the time of the termination of the career executive assignment for which he or she meets the minimum qualifications of the class to which appointment is sought. The bill would require, in this regard, that related experience gained in a career executive assignment be considered state civil service experience in a comparable class, as specified. -The bill would make an appropriation from the General Fund of $300,000 to the Department of Finance for the purpose of funding the posting on the department’s Internet Web site of all budget requests included as part of the Governor’s Budget. -This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to amend Sections 18546, 18990, 18991, 18992, 18993, 19057.1, 19057.3, 19889, 19889.2, and 19889.3 of, to add Section 19889.4 to, and to repeal Sections 19057, 19057.2, and 19057.4 of, the Government Code, relating to state civil service, and making an appropriation therefor, to take effect immediately, bill related to the budget." -431,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 89724 of the Education Code is amended to read: -89724. -(a) All money received in accordance with the following shall be appropriated for the support of the California State University in addition to other amounts as may be appropriated by the Legislature: -(1) All money received from the sale of California State University publications. -(2) All money received under an agreement entered into pursuant to Section 89036. -(3) Except as to the fees and charges specified in subdivisions (g) and (h) of Section 89721, all money collected as fees from students of the California State University and received from other persons under Sections 89030, 89036 to 89039, inclusive, 89700, 89705, 89708, 89709, 89720, and 89721, and money received pursuant to Section 2080.8 of the Civil Code. -(b) Money received under Sections 89720 and 89721, or received pursuant to Section 2080.8 of the Civil Code, is appropriated pursuant to subdivision (a) without regard to fiscal year. Money received pursuant to Section 2080.8 of the Civil Code shall be used for student scholarships and loans pursuant to any regulations the trustees shall -provide, and while held pending the grant of a scholarship or loan, may be invested by the Treasurer upon approval of the trustees, in those eligible securities listed in Section 16430 of the Government Code. All interest or other earnings received pursuant to that investment shall also be used for those scholarships and loans. -provide. -Money received pursuant to Sections 89720 and 89721 may be invested, upon approval of the trustees, by the Treasurer or by the chief fiscal officer of a campus of the California State University, in those eligible securities listed in Section 16430 of the Government Code. Money received -under Sections 89720 and 89721, and received -pursuant to Section 2080.8 of the Civil Code, may -also -be invested, upon approval of the trustees and in accordance with Section 89726, by the chief fiscal officer of a campus of the California State University, in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. All interest and other earnings received pursuant to the investment of money received pursuant to Sections 89720 and 89721 shall also be used for such purposes as may be established by the trustees consistent with the terms and conditions of the gift, bequest, devise, donation, or agreement under Sections 89720 and 89721. Except as otherwise provided with respect to money received pursuant to Section 2080.8 of the Civil Code and Sections 89720 and 89721, all money received pursuant to this section shall augment the support appropriation to the California State University for the fiscal year to which the collections apply. -(c) All money received from the sale or the disposition of real property acquired by or on behalf of a campus of the California State University by gift, devise, or donation pursuant to Section 89720 or pursuant to the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for the acquisition and improvement of real property for the campus, in addition to any other amounts appropriated by the Legislature. All money received from the sale or other disposition of personal property, other than money, acquired by or on behalf of a campus of the California State University by gift, bequest, or donation pursuant to Section 89720 or the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for, or the acquisition and improvement of real or personal property for, the campus, in addition to other amounts appropriated by the Legislature. No money shall be expended by the trustees under this subdivision without the approval of the Director of Finance. The money shall augment the support or capital outlay appropriation of the California State University current at the date of issuance of the Controller’s receipt as may be designated by the trustees prior to -their deposit -the deposit of that money -in the State Treasury. -SEC. 2. -Section 89725 of the Education Code is amended to read: -89725. -(a) Notwithstanding any law to the contrary, grants, revenues, and funds of any nature received by the trustees for research, workshops, conferences, institutes, and special projects from the state, federal government, local government, or private persons, may be transmitted to the Treasurer and, if transmitted, shall be deposited in the California State University Special Projects Fund, which is hereby established in the State Treasury. -(b) All grants, revenues, and funds deposited in the California State University Special Projects Fund are appropriated without regard to fiscal year to the trustees for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University. -(c) Provision shall be made by the trustees for reimbursements to the General Fund for the cost of space and services furnished to projects funded by the California State University Special Projects Fund. -(d) Notwithstanding any law to the contrary, the trustees shall have authority to establish the rules and procedures under which the fund shall operate. All expenditures shall be made in accordance with the rules and procedures, without prior approval of the Department of General Services or the Department of Finance. Expenditures from the fund shall be audited as frequently as the Audits Division of the Department of Finance deems appropriate. -(e) -(1)Except as provided in paragraph (2), moneys -Moneys -in the California State University Special Projects Fund may be invested by the Treasurer or by the chief fiscal officer of a campus of the California State University, upon approval of the trustees, -only -in eligible securities listed in Section 16430 of the Government -Code. -(2)Money received pursuant to Section 2080.8 of the Civil Code, may be invested, upon approval of the trustees and -Code, or, -in accordance with Section 89726, -by the Treasurer or by the chief fiscal officer of a campus of the California State University, -in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange -Commission, -Commission -or in real estate investment trusts. All interest or other earnings received pursuant to those investments shall be collected by the Treasurer and shall be deposited in the fund. -SEC. 3. -Section 89726 is added to the Education Code, to read: -89726. -(a) (1) The trustees may invest in securities or investments not listed in Section 16430 of the Government Code only if the trustees have established a committee to provide advice and expertise on investments. -(2) A majority of the members of the committee shall be individuals who have investment expertise and who are not -trustees. -employees of the California State University. -(3) The trustees shall allow the Treasurer to serve as a member of the committee or to appoint a deputy treasurer to serve as a member of the committee. -(b) The total amount invested in securities or investments not listed in Section 16430 of the Government Code shall not exceed the following amounts: -(1) In the fiscal year ending June 30, 2017, two hundred million dollars ($200,000,000). -(2) In the fiscal year ending June 30, 2018, four hundred million dollars ($400,000,000). -(3) In the fiscal year ending June 30, 2019, six hundred million dollars ($600,000,000). -(4) In the fiscal year ending June 30, 2020, and each fiscal year thereafter, thirty percent of all moneys invested pursuant to Sections 89724 and 89725. -(c) (1) The trustees shall receive an investment performance report quarterly and distribute an annual report to the Legislature, in compliance with Section 9795 of the Government Code, and the Department of Finance. -(2) The investment performance reports shall include investment returns, comparisons to benchmarks, holdings, market values, and fees. -(d) Any additional moneys earned through investments in securities or investments not listed in Section 16430 of the Government Code shall be used only for capital outlay or maintenance. -(e) The trustees shall not submit a request to the Department of Finance or the Legislature for any funds to compensate for investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code. -(f) The trustees shall not cite investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code to justify approval of an increase in student tuition or fees.","Existing law authorizes the Treasurer or chief fiscal officer of a campus of the California State University to invest certain money received by the California State University in eligible securities and in investment certificates or withdrawal shares in federal or state credit unions doing business in this state as long as any money invested in this manner is fully insured by the National Credit Union Administration. -This bill would authorize the Treasurer or chief fiscal officer of a campus of the California State University to invest -certain of those moneys -that money -in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. The bill would impose specified requirements on the Trustees of the California State University relating to those types of investments. -Existing law establishes the California State University Special Projects Fund, which consists of grants, revenues, and funds for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University. Existing law authorizes the Treasurer to invest money from the fund in eligible securities. -This bill would authorize the Treasurer or chief fiscal officer of a campus of the California State University to invest the money in the California State University Special Projects Fund in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. -This bill would limit the total amount invested in these mutual funds and real estate investment trusts to specified amounts for each fiscal year, until, commencing with the 2019–20 fiscal year, up to 30% of that money could be invested in these asset categories.","An act to amend Sections 89724 and 89725 of, and to add Section 89726 to, the Education Code, relating to the California State University." -432,"The people of the State of California do enact as follows: - - -SECTION 1. -Item 2660-013-0001 is added to Section 2.00 of the Budget Act of 2015, to read: -2660-013-0001—For transfer by the Controller from the General Fund, to the Traffic Congestion Relief Fund, upon order of the Director of Finance ........................ -(173,000,000) -Provisions: -1. -Notwithstanding existing law, these funds shall be transferred and allocated by the Director of Finance no later than January 1, 2017, and will affect the General Fund reserve in the fiscal year the transfer is made. Funds shall be allocated as follows: -(a) -$148,000,000 for specified local Traffic Congestion Relief Program projects. -(b) -$11,000,000 for trade corridor improvements. -(c) -$9,000,000 for the Transit and Intercity Rail Capital Program. -(d) -$5,000,000 for the State Highway Operations and Protection Program. -2. -Notwithstanding any other law, this amount shall be repaid from the General Fund pursuant to subdivision (c) of Section 20 of Article XVI of the California Constitution and applied to debt payments as required for the 2016–17 fiscal year. -SEC. 2. -Item 3970-001-0001 is added to Section 2.00 of the Budget Act of 2015, to read: -3970-001-0001—For support of Department of Resources Recycling and Recovery ........................ -105,000,000 -Schedule: -(1) -3700-Waste Reduction and Management ........................ -105,000,000 -Provisions: -1. -The funds appropriated in Schedule (1) shall be made available for fire recovery and debris removal and management costs to mitigate the threat to lives, public health, safety, and the environment. -2. -Notwithstanding any other law, upon request of the Director of the Department of Resources Recycling and Recovery, the Director of Finance may augment the amount available for expenditure in this item to pay for fire debris removal and management costs to mitigate the threat to lives, public health, safety, and the environment. The augmentation may be made no sooner than 10 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee. The amount of funds augmented pursuant to the authority of this provision shall be consistent with the amount approved by the Director of Finance based on review of the estimated costs. -SEC. 3. -Item 6440-001-0001 of Section 2.00 of the Budget Act of 2015 is amended to read: -6440-001-0001—For support of University of California ........................ -3,057,993,000 -Schedule: -(1) -5440-Support ........................ -3,057,993,000 -Provisions: -1. -This appropriation is exempt from Sections 6.00 and 31.00. -2. -(a) -The Legislature finds and declares all of the following: -(1) -The Regents of the University of California endorsed, on May 21, 2015, the framework for long-term funding agreed upon by the Governor and the President of the University, pursuant to which tuition will not increase in the 2015–16 and 2016–17 academic years and the university will implement reforms to reduce the cost structure of the university and improve access, quality, and outcomes. -(2) -The reforms included in the framework endorsed by the Regents will create capacity for all campuses of the university to serve more resident students, including by easing transfer from the community colleges, reducing the amount of time it takes students to complete programs, and using technology and data to improve allocation of available resources. -(3) -In addition to the funds included in this appropriation and those described in the framework, other funds, including existing resources that can be redirected to higher priorities, such as those currently being used to provide financial aid to nonresident students, are also available to enable more resident students to enter the university at all of its campuses. -(4) -Furthermore, it is the intent of the Legislature that those funds generated by an increase in the number of nonresident students enrolled in the 2015–16 academic year, compared to the number of nonresident students enrolled in the 2014–15 academic year, and increases in nonresident supplemental tuition, as approved by the Regents on May 21, 2015, be used specifically to support an increase in the number of resident students enrolled. -(b) -To address immediate needs, the university is expected to enroll, no later than the 2016–17 academic year, at least 5,000 more resident undergraduate students than the number enrolled in the 2014–15 academic year. -(c) -If the Regents provide sufficient evidence to the Director of Finance on or before May 1, 2016, to demonstrate that the university will satisfy the expectation enumerated in subdivision (b), the Director of Finance shall increase this appropriation by $25,000,000 and notify the Joint Legislative Budget Committee. -2.1. -No later than April 1, 2016, the Regents of the University of California shall report to the Director of Finance and, in conformity with Section 9795 of the Government Code, to the Legislature on its use of these funds for targeted support services to increase systemwide and campus four-year and six-year graduation rates and two-year and three-year transfer graduation rates of low-income and underrepresented student populations. -2.2. -The Regents of the University of California shall improve transparency regarding the university’s budget. The Regents shall ensure that information is posted on the website of the Office of the President that details subcategories of personnel within the Managers and Senior Professional personnel category and disaggregates all personnel categories by fund source. -2.3. -No later than December 10, 2015, the Regents of the University of California shall report to the Director of Finance and, in conformity with Section 9795 of the Government Code, to the Legislature, all of the following: -(a) -All university fund sources legally allowable to support costs for undergraduate, graduate academic, and graduate professional education. -(b) -The factors the university considers to determine which funds to use for educational activities and how much of those funds to use. -(c) -The sources of the funds included in the calculation of expenditures reported pursuant to Section 92670 of the Education Code. -2.4. -(a) -The Regents of the University of California shall implement further measures to reduce the university’s cost structure. -(b) -The Legislature finds and declares that many state employees hold positions with comparable scope of responsibilities, complexity, breadth of job functions, experience requirements, and other relevant factors to those employees designated to be in the Senior Management Group pursuant to existing Regents policy. -(c) -(1) -Therefore, at a minimum, the Regents shall, when considering compensation for any employee designated to be in the Senior Management Group, use a market reference zone that includes state employees. -(2) -At a minimum, the Regents shall identify all comparable positions from the lists included in subdivision (l) of Section 8 of Article III of the California Constitution and Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code. -3. -(a) -The Regents of the University of California shall approve a plan that includes at least all of the following: -(1) -Projections of available resources in the 2016–17, 2017–18, and 2018–19 fiscal years. In projecting General Fund appropriations and student tuition and fee revenues, the university shall use any assumptions provided by the Department of Finance. The Department of Finance shall provide any assumptions no later than August 1, 2015. -(2) -Projections of expenditures in the 2016–17, 2017–18, and 2018–19 fiscal years and descriptions of any changes to current operations necessary to ensure that expenditures in each of those years are not greater than the available resources projected for each of those years pursuant to paragraph (1). -(3) -Projections of resident and nonresident enrollment in the 2016–17, 2017–18, and 2018–19 academic years, assuming implementation of any changes described in paragraph (2). -(4) -The university’s goals for each of the measures listed in subdivision (b) of Section 92675 of the Education Code for the 2016–17, 2017–18, and 2018–19 academic years, assuming implementation of any changes described in paragraph (2). It is the intent of the Legislature that these goals be challenging and quantifiable, address achievement gaps for underrepresented populations, and align the educational attainment of California’s adult population to the workforce and economic needs of the state, pursuant to the legislative intent expressed in Section 66010.93 of the Education Code. -(b) -The plan approved pursuant to subdivision (a) shall be submitted no later than November 30, 2015, to the Director of Finance, the chairpersons of the committees in each house of the Legislature that consider the State Budget, the chairpersons of the budget subcommittees in each house of the Legislature that consider appropriations for the University of California, the chairpersons of the committees in each house of the Legislature that consider appropriations, and the chairpersons of the policy committees in each house of the Legislature with jurisdiction over bills relating to the university. -4. -(a) -The University of California shall allocate from this appropriation the amount necessary to pay in full the fees anticipated to become due and payable during the fiscal year associated with lease-revenue bonds issued by the State Public Works Board on its behalf and the amount of general obligation bond debt service attributable to the university. -(b) -The Controller shall transfer funds from this appropriation upon receipt of the following reports: -(1) -The State Public Works Board shall report to the Controller the fees anticipated to become due and payable in the fiscal year associated with any lease-revenue bonds that were issued on behalf of the university. -(2) -The Department of Finance shall report to the Controller the amount of general obligation bond debt service anticipated to become due and payable in the fiscal year attributable to the university. -(3) -The State Public Works Board or the Department of Finance shall submit a revised report if either entity determines that an amount previously reported to the Controller is inaccurate. If necessary pursuant to any revised reports, the Controller shall return funds to this appropriation. -4.5. -Of the funds appropriated in this item: -(a) -$6,000,000 shall be allocated to the centers for labor research and education at the Berkeley and Los Angeles campuses. -(b) -$1,000,000 shall be allocated to the Wildlife Health Center at the Davis campus and used for grants to local marine mammal stranding networks. These funds are provided on a one-time basis. -(c) -$770,000 shall be allocated for the Statewide Database. -(d) -$1,855,000 shall be allocated for the San Joaquin Valley Medical Program. The program shall enroll 48 students. These funds shall be available for expenditure through June 30, 2017. -4.6. -The University of California shall continue planning for a School of Medicine at the Merced campus in accordance with the action approved by the Regents of the University of California on May 14, 2008, and shall allocate up to $1,000,000 from this appropriation or other funds available to the university for this purpose. -4.7. -This item includes funds for the California DREAM Loan Program. -5. -Payments made by the state to the University of California for each month from July through April shall not exceed one-twelfth of the amount appropriated in this item, less the amount that is specified in Provision 2 and the amount that is allocated pursuant to subdivision (a) of Provision 4. Transfers of funds pursuant to subdivision (b) of Provision 4 shall not be considered payments made by the state to the university. -6. -The funds appropriated in this item shall not be available to support auxiliary enterprises or intercollegiate athletic programs. -SEC. 4. -Item 9651-001-0001 is added to Section 2.00 of the Budget Act of 2015, to read: -9651-001-0001—For support of Prefunding of Health and Dental Benefits for Annuitants ........................ -240,000,000 -Schedule: -(1) -7755–Prefunding Health and Dental Benefits ........................ -240,000,000 -Provisions: -1. -The amount appropriated in this item is to supplement, and not supplant, funding that would otherwise be made available to pay for the employer share of prefunding health and dental benefits identified in memoranda of understanding, or for employees excluded from collective bargaining, in accordance with salary and benefit schedules established by the Department of Human Resources. -2. -No later than November 1, 2016, the Director of Finance shall certify the memoranda of understanding that include employer and employee contributions for prefunding health and dental benefits, and have been approved by the Legislature and the bargaining unit membership. Upon certification, the Director of Finance shall determine the proportionate share of this appropriation based on the actuarially determined liabilities of other postemployment benefits for each bargaining unit included in the certification, and notify the Controller’s office, which shall provide the amount specified by the Director of Finance to the designated state subaccount of the Annuitants’ Health Care Coverage Fund, as defined in Section 22940 of the Government Code. -3. -This appropriation is available for expenditure or encumbrance until June 30, 2017. -SEC. 5. -Section 39.00 of the Budget Act of 2015 is amended to read: -Sec. 39.00. -The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 94, AB 95, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB 125, AB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB 134, AB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 93, SB 94, SB 95, SB 96, SB 98, SB 99, SB 100, SB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2015 took effect. -SEC. 6. -This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately.","The Budget Act of 2015 appropriated specified amounts for the support of state government for the 2015–16 fiscal year. -This bill would amend the Budget Act of 2015 by adding and amending items of appropriation. -This bill would declare that it is to take effect immediately as a Budget Bill.","An act to amend the Budget Act of 2015 (Chapters 10 and 11 of the Statutes of 2015), by amending Item 6440-001-0001 of, and adding Items 2660-013-0001, 3970-001-0001, and 9651-001-0001 to, Section 2.00 of, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill." -433,"The people of the State of California do enact as follows: - - -SECTION 1. -Item 0650-001-3228 of Section 2.00 of the Budget Act of 2015 is amended to read: -0650-001-3228—For support of Office of Planning and Research, payable from the Greenhouse Gas Reduction Fund ........................ - - -1,199,000 - -1,817,000 -Schedule: -(1) -0370-Strategic Growth Council ........................ - - -1,199,000 - -1,817,000 -Provisions: -1. -Funds appropriated in this item shall count toward the share of annual proceeds continuously appropriated to the Strategic Growth Council as specified in subparagraph (C) of paragraph (1) of subdivision (b) of Section 39719 of the Health and Safety Code. -2. -Of the amount appropriated in this item, $500,000 shall be available to provide technical assistance to disadvantaged communities. The Strategic Growth Council shall report on the use of these funds at legislative budget hearings. -SEC. 2. -Item 2665-001-3228 is added to Section 2.00 of the Budget Act of 2015, to read: -2665-001-3228—For support of High-Speed Rail Authority, payable from the Greenhouse Gas Reduction Fund ........................ -103,000 -Schedule: -(1) -1970-Administration ........................ -103,000 -Provisions: -1. -Funds appropriated in this item shall count towards the share of annual proceeds continuously appropriated to the High Speed Rail Authority as specified in paragraph (2) of subdivision (b) of Section 39719 of the Health and Safety Code. -SEC. 3. -Item 3860-001-3228 is added to Section 2.00 of the Budget Act of 2015, to read: -3860-001-3228—For support of Department of Water Resources, payable from the Green House Gas Reduction Fund ........................ -1,000,000 -Schedule: -(1) -3230-Continuing Formulation of the California Water Plan ........................ -1,000,000 -Provisions: -1. -The amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2017, and available for liquidation until June 30, 2019. -2. -The funds appropriated in this item shall be available to administer a grant program for local agencies, joint powers authorities, or nonprofit organizations to implement residential, commercial, or institutional water efficiency programs or projects that reduce greenhouse gas emissions, and also reduce water and energy use. -SEC. 4. -Item 3860-101-3228 is added to Section 2.00 of the Budget Act of 2015, to read: -3860-101-3228—For local assistance, Department of Water Resources, payable from the Greenhouse Gas Reduction Fund ........................ -19,000,000 -Schedule: -(1) -3230-Continuing Formulation of the California Water Plan ........................ -19,000,000 -Provisions: -1. -The amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2017, and available for liquidation until June 30, 2019. -2. -The funds appropriated in this item shall be available for assistance to local agencies, joint powers authorities, or nonprofit organizations to implement residential, commercial, or institutional water efficiency programs or projects that reduce greenhouse gas emissions, and also reduce water and energy use. -SEC. 5. -Item 3900-001-3228 of Section 2.00 of the Budget Act of 2015 is amended to read: -3900-001-3228—For support of State Air Resources Board, payable from the Greenhouse Gas Reduction Fund ........................ - - -16,486,000 - -18,686,000 -Schedule: -(1) -3510-Climate Change ........................ - - -16,486,000 - -18,686,000 -Provisions: -1. -Notwithstanding any other provision of law, of the funds appropriated in this item, up to $1,000,000 is available to fund the Greenhouse Gas Reduction Fund expenditure project tracking system upon project approval by the Department of Technology, and shall be available for expenditure until June 30, 2017. -SEC. 6. -Item 3900-101-3228 is added to Section 2.00 of the Budget Act of 2015, to read: -3900-101-3228—For local assistance, State Air Resources Board, payable from the Greenhouse Gas Reduction Fund ........................ -90,000,000 -Schedule: -(1) -3510-Climate Change ........................ -90,000,000 -Provisions: -1. -Notwithstanding Section 16304.1 of the Government Code, the funds appropriated in this item shall be available for encumbrance until June 30, 2018, and be available for liquidation of encumbrances until June 30, 2021. -SEC. 7. -Item 4700-001-3228 of Section 2.00 of the Budget Act of 2015 is amended to read: -4700-001-3228—For support of Department of Community Services and Development, payable from the Greenhouse Gas Reduction Fund ........................ - - -4,700,000 - -8,773,000 -Schedule: -(1) -4180-Energy Programs ........................ - - -4,700,000 - -8,773,000 -Provisions: -1. -Notwithstanding any other provision of law, the department may transfer funds from this item to Item 4700-101-3228, upon the Department of Finance’s approval. -2. -Notwithstanding any other provision of law, any unexpended funds of this appropriation as of June 30, 2016, shall be available for encumbrances in the subsequent fiscal year and for liquidation through June 30, 2018. -SEC. 8. -Item 4700-101-3228 is added to Section 2.00 of the Budget Act of 2015, to read: -4700-101-3228—For local assistance, Department of Community Services and Development, for Weatherization and Renewable Energy Projects, payable from the Greenhouse Gas Reduction Fund ........................ -70,000,000 -Schedule: -(1) -4180-Energy Programs ........................ -70,000,000 -Provisions: -1. -Notwithstanding any other provision of law, the department may transfer funds from this item to Item 4700-001-3228, upon the Department of Finance’s approval. -2. -Notwithstanding any other provision of law, any unexpended funds of this appropriation as of June 30, 2016, shall be available for encumbrances in the subsequent fiscal year; and, available for liquidation through June 30, 2018. -SEC. 9. -Item 8570-001-3228 is added to Section 2.00 of the Budget Act of 2015, to read: -8570-001-3228—For support of Department of Food and Agriculture, payable from the Greenhouse Gas Reduction Fund ........................ -40,000,000 -Schedule: -(1) -6590-General Agricultural Activities ........................ -40,000,000 -(3) -9900100-Administration ........................ -781,000 -(4) -9900200-Administration—Distributed ........................ -−781,000 -Provisions: -1. -Of the funds appropriated in this item, $40,000,000 shall be available for expenditure or encumbrance until June 30, 2017, to support greenhouse gas emission reductions through water and energy efficiency grants promoting water and energy savings. -SEC. 10. -Section 39.00 of the Budget Act of 2015 is amended to read: -SEC. 39.00. -The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 94, AB 95, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB 125, -AB 126, -AB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB 133, -AB 134, -AB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 93, SB 94, SB 95, SB 96, -SB 97, -SB 98, SB 99, SB 100, -SB 101, -SB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2015 took effect. -SEC. 11. -This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately. -SECTION 1. -It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","The Budget Act of 2015 made appropriations for the support of state government for the 2015–16 fiscal year. -This bill would amend the Budget Act of 2015 by revising items of appropriation and making other changes. -This bill would declare that it is to take effect immediately as a Budget Bill. -This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.","An act -relating to the Budget Act of 2015. -to amend the Budget Act of 2015 by amending Items 0650-001-3228, -3900-001-3228, -and 4700-001-3228 of, and adding Items -2665-001-3228, -3860-001-3228, 3860-101-3228, 3900-101-3228, -4700-101-3228, -and 8570-001-3228 to, Section 2.00 of, and amending Section 39.00 of, that act, relating to the State Budget, and making an appropriation therefor, to take effect immediately, budget bill." -434,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Educators and policymakers have long acknowledged that the skills and competencies needed to be an effective teacher are supported through early and structured mentoring and assessment. -(b) Induction programs help beginning teachers transition into the profession by providing standards-based, individualized assistance that combines the application of theory with intensive mentor-based support and formative assessment. -(c) In 1998, California created its two-tiered teaching credential system and established the completion of a statewide, standards-based induction program, Beginning Teacher Support and Assessment (BTSA), as a path toward a clear credential. -(d) Until 2009, the state provided $4,000 per participating teacher to BTSA providers as part of the Teacher Credentialing Block Grant. -(e) In order to receive state funding, a local educational agency (LEA) was required to make a local in-kind contribution of $2,000 per participating teacher. -(f) The combined level of dedicated funding was sufficient for running the program and allowed LEAs to provide induction at no charge to beginning teachers. -(g) In 2009, due to the Great Recession, the state gave increased flexibility to LEAs by allowing Teacher Credentialing Block Grant funds to be used for any educational purpose. -(h) In 2013, the state eliminated the majority of K–12 categorical programs, including the Teacher Credentialing Block Grant, with the establishment of the local control funding formula (LCFF). -(i) Although former Teacher Credentialing Block Grant funds are included in LEAs’ base LCFF funding, some induction providers have shifted the costs of induction onto teacher participants, while others have closed their programs altogether. -(j) According to data collected by the Commission on Teacher Credentialing, nearly 12 percent of providers are charging teachers an average of $2,000 per year for induction. -(k) The large fees place heavy financial burdens on teachers just starting their careers and put the entire responsibility of identifying, accessing, and completing a quality induction program solely on new teachers. -(l) A new teacher’s inability to access an induction program compromises that teacher’s professional growth and greatly reduces the chance that the teacher will stay in the profession. -(m) This is particularly troubling because enrollment in teacher preparation programs, and the number of new teaching credentials being issued, have reduced considerably in recent years. -(n) In 2013, according to the Commission on Teacher Credentialing, there were fewer than 20,000 students enrolled in teacher preparation programs in the state, less than half of the number that were enrolled in 2008. -(o) The shortage is expected to worsen within the next 20 years with projected increases in student enrollment and teacher retirements. -(p) Access to high quality induction programs is critical to addressing the teacher shortage because induction is an important tool for recruiting and retaining teachers. -(q) Teacher retention data collected by the Commission on Teacher Credentialing in 2008 demonstrates the effectiveness of induction, showing that 87 percent of teachers who participated in a BTSA program were still teaching five years later. -(r) The Governor and Legislature recognized induction’s importance by including $490 million in the 2015–16 Budget Act for activities that promote educator quality and effectiveness, including support and mentoring for both beginning teachers and administrators. -(s) The 2015–16 Budget Act also directs the Commission on Teacher Credentialing, by September 1, 2015, to work with stakeholders to evaluate any burdens of existing induction requirements and identify funding recommendations, including state, LEA, and teacher candidate responsibilities. -(t) The allocation and forthcoming report by the Commission on Teacher Credentialing provide a great opportunity to protect and support new teachers by strengthening access and the quality of induction programs. -SEC. 2. -Section 44259 of the Education Code is amended to read: -44259. -(a) Except as provided in subparagraphs (A) and (C) of paragraph (3) of subdivision (b), each program of professional preparation for multiple or single subject teaching credentials shall not include more than two years of full-time study of professional preparation. -(b) The minimum requirements for the preliminary multiple or single subject teaching credential are all of the following: -(1) A baccalaureate degree or higher degree from a regionally accredited institution of postsecondary education. Except as provided in subdivision (c) of Section 44227, the baccalaureate degree shall not be in professional education. The commission shall encourage accredited institutions to offer undergraduate minors in education and special education to students who intend to become teachers. -(2) Passage of the state basic skills proficiency test that is developed and administered by the commission pursuant to Section 44252.5. -(3) Satisfactory completion of a program of professional preparation that has been accredited by the Committee on Accreditation on the basis of standards of program quality and effectiveness that have been adopted by the commission. In accordance with the commission’s assessment and performance standards, each program shall include a teaching performance assessment as set forth in Section 44320.2 that is aligned with the California Standards for the Teaching Profession. The commission shall ensure that each candidate recommended for a credential or certificate has demonstrated satisfactory ability to assist pupils to meet or exceed academic content and performance standards for pupils adopted by the state board pursuant to Section 60605. Programs that meet this requirement for professional preparation shall include any of the following: -(A) Integrated programs of subject matter preparation and professional preparation pursuant to subdivision (a) of Section 44259.1. -(B) Postbaccalaureate programs of professional preparation, pursuant to subdivision (d) of Section 44259.1. -(C) Internship programs of professional preparation, pursuant to Section 44321, Article 7.5 (commencing with Section 44325), Article 11 (commencing with Section 44380), and Article 3 (commencing with Section 44450) of Chapter 3. -(4) Study of alternative methods of developing English language skills, including the study of reading as described in subparagraphs (A) and (B), among all pupils, including those for whom English is a second language, in accordance with the commission’s standards of program quality and effectiveness. The study of reading shall meet the following requirements: -(A) Commencing January 1, 1997, satisfactory completion of comprehensive reading instruction that is research based and includes all of the following: -(i) The study of organized, systematic, explicit skills, including phonemic awareness, direct, systematic, explicit phonics, and decoding skills. -(ii) A strong literature, language, and comprehension component with a balance of oral and written language. -(iii) Ongoing diagnostic techniques that inform teaching and assessment. -(iv) Early intervention techniques. -(v) Guided practice in a clinical setting. -(B) For purposes of this section, “direct, systematic, explicit phonics” means phonemic awareness, spelling patterns, the direct instruction of sound/symbol codes and practice in connected text, and the relationship of direct, systematic, explicit phonics to the components set forth in clauses (i) to (v), inclusive, of subparagraph (A). -A program for the multiple subjects credential also shall include the study of integrated methods of teaching language arts. -(5) Completion of a subject matter program that has been approved by the commission on the basis of standards of program quality and effectiveness pursuant to Article 6 (commencing with Section 44310) or passage of a subject matter examination pursuant to Article 5 (commencing with Section 44280). The commission shall ensure that subject matter standards and examinations are aligned with the academic content and performance standards for pupils adopted by the state board pursuant to Section 60605. -(6) Demonstration of a knowledge of the principles and provisions of the Constitution of the United States pursuant to Section 44335. -(7) Commencing January 1, 2000, demonstration, in accordance with the commission’s standards of program quality and effectiveness, of basic competency in the use of computers in the classroom as determined by one of the following: -(A) Successful completion of a commission-approved program or course. -(B) Successful passage of an assessment that is developed, approved, and administered by the commission. -(c) The minimum requirements for the clear multiple or single subject teaching credential shall include all of the following requirements: -(1) Possession of a valid preliminary teaching credential, as prescribed in subdivision (b), possession of a valid equivalent credential or certificate, or completion of equivalent requirements as determined by the commission. -(2) Except as provided in paragraph (3), completion of a program of beginning teacher induction, including one of the following: -(A) (i) A program of beginning teacher induction approved by the commission and the Superintendent. -(ii) (I) Commencing with hiring for the 2016–17 school year, and each school year thereafter, a school district, county office of education, or charter school shall not charge a fee to a beginning teacher to participate in a beginning teacher induction program. -(II) For purposes of subclause (I), a beginning teacher includes a teacher with a preliminary multiple or single subject teaching credential, or a preliminary education specialist credential. -(B) (i) An alternative program of beginning teacher induction that is provided by one or more local educational agencies and has been approved by the commission and the Superintendent on the basis of initial review and periodic evaluations of the program in relation to appropriate standards of credential program quality and effectiveness that have been adopted by the commission, the Superintendent, and the state board pursuant to this subdivision. The standards for alternative programs shall encourage innovation and experimentation in the continuous preparation and induction of beginning teachers. An alternative program of beginning teacher induction that has met state standards pursuant to this subdivision may apply for state funding pursuant to Sections 44279.1 and 44279.2. -(ii) A local educational agency shall not charge a fee to a beginning teacher to participate in an alternative program of beginning teacher induction that is provided pursuant to this subparagraph. -(C) (i) An alternative program of beginning teacher induction that is sponsored by a regionally accredited college or university, in cooperation with one or more local school districts, that addresses the individual professional needs of beginning teachers and meets the commission’s standards of induction. The commission shall ensure that preparation and induction programs that qualify candidates for professional credentials extend and refine each beginning teacher’s professional skills in relation to the California Standards for the Teaching Profession and the academic content and performance standards for pupils adopted by the state board pursuant to Section 60605. -(ii) A school district shall not charge a beginning teacher a fee to participate in an alternative program of beginning teacher induction that is provided pursuant to this subparagraph. -(3) (A) If a candidate satisfies the requirements of subdivision (b), including completion of an accredited internship program of professional preparation, and if that internship program fulfills induction standards and is approved as set forth in this subdivision, the commission shall determine that the candidate has fulfilled the requirements of paragraph (2). -(B) If an approved induction program is verified as unavailable to a beginning teacher, or if the beginning teacher is required under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) to complete subject matter coursework to be qualified for a teaching assignment, the commission shall accept completion of an approved clear credential program after completion of a baccalaureate degree at a regionally accredited institution as fulfilling the requirements of paragraph (2). The commission shall adopt regulations to implement this subparagraph. -(4) Experience that includes the application of knowledge and skills previously acquired in a preliminary credential program, in accordance with commission standards, that addresses the following: -(A) Health education, including study of nutrition, cardiopulmonary resuscitation, and the physiological and sociological effects of abuse of alcohol, narcotics, and drugs and the use of tobacco. Training in cardiopulmonary resuscitation shall also meet the standards established by the American Heart Association or the American Red Cross. -(B) Field experience in methods of delivering appropriate educational services to pupils with exceptional needs in regular educational programs. -(C) Advanced computer-based technology, including the uses of technology in educational settings. -(d) The commission shall develop and implement standards of program quality and effectiveness that provide for the areas of application listed in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (c), starting in professional preparation and continuing through induction. -(e) A credential that was issued before January 1, 1993, shall remain in force as long as it is valid under the laws and regulations that were in effect on the date it was issued. The commission shall not, by regulation, invalidate an otherwise valid credential, unless it issues to the holder of the credential, in substitution, a new credential authorized by another provision in this chapter that is no more restrictive than the credential for which it was substituted with respect to the kind of service authorized and the grades, classes, or types of schools in which it authorizes service. -(f) A credential program that is approved by the commission shall not deny an individual access to that program solely on the grounds that the individual obtained a teaching credential through completion of an internship program when that internship program has been accredited by the commission. -(g) Notwithstanding this section, persons who were performing teaching services as of January 1, 1999, pursuant to the language of this section that was in effect before that date, may continue to perform those services without complying with any requirements that may be added by the amendments adding this subdivision. -(h) Subparagraphs (A) and (B) of paragraph (4) of subdivision (b) do not apply to any person who, as of January 1, 1997, holds a multiple or single subject teaching credential, or to any person enrolled in a program of professional preparation for a multiple or single subject teaching credential as of January 1, 1997, who subsequently completes that program. It is the intent of the Legislature that the requirements of subparagraphs (A) and (B) of paragraph (4) of subdivision (b) be applied only to persons who enter a program of professional preparation on or after January 1, 1997.","Existing law prescribes the minimum requirements for a clear multiple or single subject teaching credential, including the completion of either a beginning teacher induction program approved by the Commission on Teacher Credentialing and the Superintendent of Public Instruction pursuant to the Marian Bergeson Beginning Teacher Support and Assessment System, an alternative program of beginning teacher induction that is provided by one or more local educational agencies and has been approved by the commission and the Superintendent on the basis of initial review and periodic evaluations of the program in relation to appropriate standards of credential program quality and effectiveness that have been adopted by the commission, the Superintendent, and the State Board of Education, as provided, or an alternative program of beginning teacher induction that is sponsored by a regionally accredited college or university, in cooperation with one or more local school districts, that addresses the individual professional needs of beginning teachers and meets the commission’s standards of induction, except as provided. Existing law also requires credentials for teaching specialties, including, but not limited to, bilingual education, early childhood education, and special education, to be based upon a baccalaureate degree from an accredited institution, completion of a program of professional preparation, and any other standards which the commission may establish. -This bill would, commencing with hiring for the 2016–17 school year, and each school year thereafter, prohibit a school district, county office of education, or charter school from charging a fee to a beginning teacher to participate in a beginning teacher induction program that is approved by the commission and the Superintendent, and would define a beginning teacher for purposes of that provision to include a teacher with a preliminary multiple or single subject teaching credential, or a preliminary education specialist credential. The bill also would prohibit a local educational agency from charging a fee to a beginning teacher to participate in an alternative program of beginning teacher induction program that it provides, and would prohibit a school district from charging a fee to a beginning teacher to participate in an alternative program of beginning teacher induction that is sponsored by a regionally accredited college or university, in cooperation with one or more local school districts.","An act to amend Section 44259 of the Education Code, relating to teacher credentialing." -435,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) It is the intent of the Legislature that the entities responsible for the Mokelumne Watershed Interregional Sustainability Evaluation Program may seek state funding for which the feasibility studies and assessments described in paragraph (3) of subdivision (a) of Section 5093.548 of the Public Resources Code are eligible. -(b) It is further the intent of the Legislature that, until the completion of the study and report referenced in subdivision (c) of Section 5093.548 of the Public Resources Code and the implementation of any recommendation to add segments to the wild and scenic rivers system, or until December 31, 2021, whichever occurs first, state and local government entities may participate in any collaborative process convened by the Pacific Gas and Electric Company to discuss a pumped storage project in the upper Mokelumne River watershed, if the project is designed to avoid harm to the free-flowing condition and natural character of the segments of the river described in Section 5093.549 of the Public Resources Code, and to the recreational, cultural, historical, scenic, and water quality values of those segments. -SEC. 2. -Section 5093.548 is added to the Public Resources Code, to read: -5093.548. -(a) Notwithstanding Section 5093.547, prior to the designation of the Mokelumne River, its tributaries, or segments thereof as additions to the system, the secretary shall study and submit to the Governor and the Legislature a report that analyzes the suitability or nonsuitability of the proposed designation. The suitability analysis contained in the report shall consider all of the following: -(1) The potential effects of the proposed designation on the ability of public agencies and utilities within the Mokelumne River watershed to meet current and projected future water requirements through the development of new and more reliable water supplies from the Mokelumne River and its tributaries. When considering projected future water requirements, the secretary shall only consider feasible projects to meet foreseeable demands. -(2) Any effects of climate change on river values described in Section 5093.50 and current and projected water supplies. -(3) The following feasibility studies and assessments included within the implementation plan of the Mokelumne Watershed Interregional Sustainability Evaluation, Final Report dated June 12, 2015: 7a, 7b, 7d, and 7f. The inclusion of these studies and assessments in this subdivision shall not be construed as an exemption from wild and scenic designation. -(4) The instances when the secretary has determined pursuant to Section 5093.55 that a water diversion facility may be constructed on a river or segment of a river that is part of the system. -(5) The instances when the State Water Resources Control Board has approved an application to appropriate water from a river or a segment of a river that is part of the system and what restrictions, if any, were placed on the appropriation of water as a result of the river or segment of a river’s inclusion in the system. -(b) The report shall also include the information required in subdivision (b) of Section 5093.547 and the secretary’s recommendations and proposals with respect to the proposed designation. -(c) The report required for the segments of the Mokelumne River designated for potential addition to the system pursuant to Section 5093.549 shall be submitted to the Legislature and Governor no later than December 31, 2017, and shall include a clear recommendation on the suitability or nonsuitability for addition to the system of each of the designated segments of the Mokelumne River. -(d) A study undertaken by the secretary pursuant to subdivision (a) shall provide for public input from a broad range of stakeholders. -(e) A report required to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. -(f) Until the completion of the study period and the implementation of any recommendation to add segments to the system, or December 31, 2021, whichever occurs first, no dam, reservoir, diversion, or other water impoundment facility may be constructed on any segment designated for study by the secretary as a potential addition to the system unless the secretary determines that the facility is needed to supply domestic water to the residents of the county or counties through which the river and segment flows and the secretary determines that the facility will not adversely affect the free-flowing condition and natural character of the river and segment. This subdivision shall not apply to, and shall not in any way affect, Amador Water Agency’s water rights application 5647X03 pending before the State Water Resources Control Board. -(g) (1) The secretary shall develop a cost estimate of the study and report required by subdivision (c) and enter into a cost-sharing agreement with the Upper Mokelumne River Watershed Authority. The cost-sharing agreement shall require that the state pay not more than 50 percent of the cost of the study and report required by subdivision (c), with the remaining cost to be paid by the authority. The payment by the authority may consist of appropriated funds or a contribution of services. -(2) Nothing in this section shall preclude any private donations or contributions from interested parties to be used for the purposes of this subdivision. -SEC. 3. -Section 5093.549 is added to the Public Resources Code, to read: -5093.549. -The following segments of the North Fork and main stem Mokelumne River are hereby designated for potential addition to the system. -(a) The North Fork Mokelumne River from 0.50 miles downstream of the Salt Springs 97-006 Dam to 0.50 miles upstream of the Tiger Creek Powerhouse. -(b) The North Fork Mokelumne River from 1,000 feet downstream of the Tiger Creek Afterbay 97-105 Dam to State Highway Route 26. -(c) The North Fork Mokelumne River from 400 feet downstream of the small reregulating dam at the outlet of the West Point Powerhouse to the confluence of the North and Middle Forks of the Mokelumne River. -(d) The main stem of the Mokelumne River from the confluence of the North and Middle Forks to 300 feet upstream of the Electra Powerhouse. -(e) The main stem of the Mokelumne River from 300 feet downstream of the small reregulating dam downstream of the Electra Powerhouse to the Pardee Reservoir flood surcharge pool at 580 feet elevation above mean sea level. -SEC. 4. -Section 5093.56 of the Public Resources Code is amended to read: -5093.56. -No department or agency of the state may assist or cooperate, whether by loan, grant, license, or otherwise, with any department or agency of the federal, state, or local government, in the planning or construction of a dam, reservoir, diversion, or other water impoundment facility that could have an adverse effect on the free-flowing condition and natural character of either of the following: -(a) The rivers and segments thereof designated in Section 5093.54 as included in the system. -(b) The segments of the Mokelumne River designated in Section 5093.549 for study by the secretary as potential additions to the system until after the study period and implementation of any recommendations have been completed, or December 31, 2021, whichever occurs first. This subdivision shall not apply to, and shall not in any way affect, Amador Water Agency’s water rights application 5647X03 pending before the State Water Resources Control Board, or prejudice, alter, affect in any way, or interfere with the maintenance, repair, or operation by the Pacific Gas and Electric Company of the Mokelumne River Project (FERC 137) currently under the 2001 Federal Energy Regulatory Commission license for the project, the incorporated settlement agreement, any license amendments made with the agreement of the parties to the incorporated settlement agreement, and any adjustment of flows permitted to occur pursuant to the license for enhancement of ecological resources. -SEC. 5. -Due to the unique geographical features of the Mokelumne River and its tributaries, the Legislature hereby finds and declares that a special law is necessary and a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution. -SEC. 6. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution.","(1) Existing law, the California Wild and Scenic Rivers Act, provides for a system of classification of those rivers or segments of rivers in the state that are designated as wild, scenic, or recreational rivers, for purposes of preserving the highest and most beneficial use of those rivers. The act requires the Secretary of the Natural Resources Agency to study and submit to the Governor and the Legislature a report that analyzes the suitability or nonsuitability for addition to the system of rivers or segments of rivers that are designated by the Legislature as potential additions to the system, and requires that each report contain specified information and recommendations with respect to the proposed designation. -This bill would require the secretary, in a report analyzing the suitability or nonsuitability of a proposed designation of the Mokelumne River, its tributaries, or segments thereof as additions to the system, to consider the potential effects of the proposed designation on future water requirements, as specified, and the effects of climate change on river values and current and projected water supplies, and to consider other factors. The bill would include any segment of the Mokelumne River designated for potential addition within certain protections afforded to wild and scenic rivers until the completion of the study period and the implementation of any recommendation to add the segment of the Mokelumne River to the system, or December 31, 2021, whichever occurs first. -The bill would also designate specified segments of the Mokelumne River for potential addition to the system. The bill would require the secretary to submit a report pursuant to the above-described requirements to the Legislature and Governor no later than December 31, 2017, and would require the report to include a clear recommendation on the suitability or nonsuitability for addition to the system of each of the designated segments of the Mokelumne River. The bill would require the secretary to enter into a cost-sharing agreement with the Upper Mokelumne River Watershed Authority that would require the state and the authority to each pay a specified portion of the cost of the report. By imposing new duties on a local government entity, the bill would impose a state-mandated local program. -(2) The bill would declare that due to the unique geographical features of the Mokelumne River and its tributaries, a general statute within the meaning of specified provisions of the California Constitution cannot be made applicable and a special statute is necessary. -(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 5093.56 of, and to add Sections 5093.548 and 5093.549 to, the Public Resources Code, relating to wild and scenic rivers." -436,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 113755 of the Health and Safety Code is amended to read: -113755. -“Community event” means an event conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period and that is of a civic, political, public, or educational nature, including state and county fairs, city festivals, circuses, and other public gathering events approved by the local enforcement agency. -SEC. 2. -Section 113789 of the Health and Safety Code, as amended by Section 1.2 of Chapter 927 of the Statutes of 2014, is amended to read: -113789. -(a) “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following: -(1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food. -(2) A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. -(b) “Food facility” includes permanent and nonpermanent food facilities, including, but not limited to, the following: -(1) Public and private school cafeterias. -(2) Restricted food service facilities. -(3) Licensed health care facilities, except as provided in paragraph (13) of subdivision (c). -(4) Commissaries. -(5) Mobile food facilities. -(6) Mobile support units. -(7) Temporary food facilities. -(8) Vending machines. -(9) Certified farmers’ markets, for purposes of permitting and enforcement pursuant to Section 114370. -(10) Farm stands, for purposes of permitting and enforcement pursuant to Section 114375. -(c) “Food facility” does not include any of the following: -(1) A cooperative arrangement wherein no permanent facilities are used for storing or handling food. -(2) A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365. -(3) A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period. -(4) A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event. -(5) Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption. -(6) Premises operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises controlled by the producer. -(7) A commercial food processing establishment as defined in Section 111955. -(8) A child day care facility, as defined in Section 1596.750. -(9) A community care facility, as defined in Section 1502. -(10) A residential care facility for the elderly, as defined in Section 1569.2. -(11) A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01. -(12) (A) An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer. -(B) A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak. -(13) A community food producer, as defined in Section 113752. -SEC. 3. -Section 114276 of the Health and Safety Code is amended to read: -114276. -(a) A permanent food facility shall provide clean toilet facilities in good repair for use by employees. -(b) (1) A permanent food facility shall provide clean toilet facilities in good repair for consumers, guests, or invitees when there is onsite consumption of foods or when the food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space. -(2) Notwithstanding Section 113984.1, toilet facilities that are provided for use by consumers, guests, or invitees shall be in a location where consumers, guests, and invitees do not pass through food preparation, food storage, or utensil washing areas to reach the toilet facilities. -(3) For purposes of this section, a building subject to paragraph (1) that has a food facility with more than 20,000 square feet of floor space shall provide at least one separate toilet facility for men and one separate toilet facility for women. -(4) For purposes of this section, the gas pump area of a service station that is maintained in conjunction with a food facility shall not be considered as property used in connection with the food facility or be considered in determining the square footage of floor space of the food facility. -(c) (1) Toilet rooms shall be separated by well-fitted, self-closing doors that prevent the passage of flies, dust, or odors. -(2) Toilet room doors shall be kept closed except during cleaning and maintenance operations. -(d) Handwashing facilities, in good repair, shall be provided as specified in Sections 113953 and 113953.3. -(e) A city, county, or city and county may enact ordinances that are more restrictive than this section. -(f) (1) Except as provided in paragraph (1) of subdivision (b), a food facility that was constructed before January 1, 2004, that has been in continuous operation since January 1, 2004, and that provides space for the consumption of food on the premises shall either provide clean toilet facilities in good repair for consumers, guests, or invitees on property used in connection with, or in, the food facility or prominently post a sign within the food facility in a public area stating that toilet facilities are not provided. -(2) The first violation of paragraph (1) shall result in a warning. Subsequent violations shall constitute an infraction punishable by a fine of not more than two hundred fifty dollars ($250). -(3) The requirements of this section for toilet facilities that are accessible to consumers, guests, or invitees on the property may be satisfied by permitting access by those persons to the toilet and handwashing facilities that are required by this part. -SEC. 4. -Section 114289 of the Health and Safety Code, as amended by Section 2 of Chapter 927 of the Statutes of 2014, is amended to read: -114289. -(a) Notwithstanding any law to the contrary, a permanent food facility that has less than 300 square feet of display area and that sells only prepackaged food that is not potentially hazardous food shall be exempt from the requirements of this part except as set forth in subdivision (c). -(b) Notwithstanding any law to the contrary, a premises set aside for beer or wine tasting, as that term is defined in Section 23356.1 or 23357.3 of the Business and Professions Code, that complies with Section 118375, for the purposes of wine or beer tasting, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption, and crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption shall be subject to the requirements set forth in paragraph (1) of subdivision (c). These facilities shall not have a food display area greater than 25 square feet. -(c) (1) A facility or premises with a food display area of 25 square feet or less shall comply with all of the following: -(A) Sections 113980, 114047, 114049, 114390, 114393, 114395, 114397, and 114399. -(B) Chapter 1 (commencing with Section 113700). -(C) Chapter 2 (commencing with Section 113728). -(2) A permanent food facility with a food display area greater than 25 square feet, but less than 300 square feet, shall comply with all of the following: -(A) Sections 113980, 114047, 114049, 114250, 114266, 114381, 114387, 114390, 114393, 114395, 114397, 114399, 114405, 114407, 114409, 114411, and 114413. -(B) Chapter 1 (commencing with Section 113700). -(C) Chapter 2 (commencing with Section 113728). -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, as defined. Existing law exempts from the definition of food facility premises set aside for wine tasting, regardless of whether there is a charge for the wine tasting, if no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption and no food, except for crackers, is served. Existing law prohibits certain premises from having a food display area that exceeds 25 square feet, and subjects certain facilities or premises with a food display area of 25 square feet or less to specified provisions of the code. Existing law imposes certain enforcement duties on the State Department of Public Health, but provides that local health agencies are primarily responsible for enforcing these provisions. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided. -This bill would additionally exclude from the definition of food facility a premises set aside for wine tasting that offers pretzels or prepackaged nonpotentially hazardous food for sale or for onsite consumption. The bill would limit the food display area in premises set aside for wine tasting to 25 square feet and subject those premises to specified provisions of the California Retail Food Code. By imposing new duties on local health agencies, and by expanding the definition of a crime, the bill would impose a state-mandated local program. -Existing law, for the purposes of the California Retail Food Code, defines “community event” to mean an event that is of a civic, political, public, or educational nature. -This bill would limit the definition of a community event to include only an event of a civic, political, public, or educational nature conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period. -Under existing law, a permanent food facility is required to provide clean toilet facilities in good repair for consumers, guests, and invitees, except that a building constructed before January 1, 2004, that has a food facility that provides space for the consumption of food on the premises may either provide clean toilet facilities in good repair or prominently post a sign in a public area stating that toilet facilities are not provided. -This bill would limit the above exemption to food facilities that have been in continuous operation since January 1, 2004. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to amend Sections 113755, 113789, 114276, and 114289 of the Health and Safety Code, relating to food facilities." -437,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 374.3 of the Penal Code is amended to read: -374.3. -(a) It is unlawful to dump or cause to be dumped waste matter in or upon a public highway or road, including any portion of the right-of-way thereof, or in or upon private property into or upon which the public is admitted by easement or license, or in or upon a public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property. -(b) It is unlawful to place, deposit, or dump, or cause to be placed, deposited, or dumped, rocks, concrete, asphalt, or dirt in or upon a private highway or road, including any portion of the right-of-way of the private highway or road, or private property, without the consent of the owner or a contractor under contract with the owner for the materials, or in or upon a public park or other public property, without the consent of the state or local agency having jurisdiction over the highway, road, or property. -(c) A person violating subdivision (a) or (b) is guilty of an infraction. Each day that waste placed, deposited, or dumped in violation of subdivision (a) or (b) remains unabated is a separate violation. -(d) This section does not restrict a private owner in the use of his or her own private property, unless the placing, depositing, or dumping of the waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department, local fire department or district providing fire protection services, or the Department of Forestry and Fire Protection, in which case this section applies. -(e) A person convicted of a violation of subdivision (a) or (b) shall be punished by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000) upon a third or subsequent conviction. If the court finds that the waste matter placed, deposited, or dumped was used tires, the fine prescribed in this subdivision shall be doubled. -(f) The court may require, in addition to any fine imposed upon a conviction, that, as a condition of probation and in addition to any other condition of probation, a person convicted under this section remove, or pay the cost of removing, any waste matter which the convicted person dumped or caused to be dumped upon public or private property. -(g) Except when the court requires the convicted person to remove waste matter which he or she is responsible for dumping as a condition of probation, the court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that a person convicted of a violation of this section pick up waste matter at a time and place within the jurisdiction of the court for not less than 12 hours. -(h) (1) A person who places, deposits, or dumps, or causes to be placed, deposited, or dumped, waste matter in violation of this section in commercial quantities shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not more than six months and by a fine. The fine is mandatory and shall amount to not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) upon a first conviction, not less than three thousand dollars ($3,000) nor more than six thousand dollars ($6,000) upon a second conviction, and not less than six thousand dollars ($6,000) nor more than ten thousand dollars ($10,000) upon a third or subsequent conviction. -(2) “Commercial quantities” means an amount of waste matter generated in the course of a trade, business, profession, or occupation, or an amount equal to or in excess of one cubic yard. This subdivision does not apply to the dumping of household waste at a person’s residence. -(i) (1) A person who places, deposits, or dumps, or causes to be placed, deposited, or dumped, waste matter upon private property, including on any private highway or road, without the consent of the owner shall be punished by a fine. The fine is mandatory and shall amount to not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000) upon a third conviction. Upon a fourth or subsequent conviction, the person is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than 30 days and by a fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000). -(2) If the court finds that the waste matter placed, deposited, or dumped includes used tires, the fine prescribed in this subdivision shall be doubled. A separate fine in the same amount as initially imposed shall accrue for each day that waste placed, deposited, or dumped remains unabated, but no additional conviction for the purposes of punishments in paragraph (1) shall arise for the same act. For the fourth or subsequent violation, each day that waste placed, deposited, or dumped remains shall not result in the accrual of a separate fine or violation for the purposes of punishments in paragraph (1). -(j) For purposes of this section, “person” means an individual, trust, firm, partnership, joint stock company, joint venture, or corporation. -(k) Except in unusual cases where the interests of justice would be best served by waiving or reducing a fine, the minimum fines provided by this section shall not be waived or reduced. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law prohibits dumping waste matter in or upon a public or private highway or road, or in or upon private property into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner, or in or upon a public park or other public property. A violation of these provisions is an infraction punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd or subsequent conviction. -This bill would make dumping waste matter on private property, including on any private road or highways, without the consent of the owner punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd conviction. The bill would make a 4th or subsequent conviction a misdemeanor punishable by imprisonment in a county jail for not more than 30 days and by a fine of not less than $750 nor more than $3,000. -By changing the definition of a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 374.3 of the Penal Code, relating to dumping." -438,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 4.5 (commencing with Section 111548) is added to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, to read: -Article 4.5. Right to Try Act -111548. -This article shall be known and may be cited as the Right to Try Act. -111548.1. -For purposes of this article, unless the context otherwise requires, the following definitions shall apply: -(a) “Consulting physician” means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act who performs all of the following: -(1) Examines the qualified individual and his or her relevant medical records. -(2) Confirms, in writing, the primary physician’s diagnosis and prognosis. -(3) Verifies, in the opinion of the consulting physician, that the eligible patient is competent, acting voluntarily, and has made an informed decision. -(b) “Eligible patient” means a person who meets all of the following conditions: -(1) Has an immediately life-threatening disease or condition. -(2) Has considered all other treatment options currently approved by the United States Food and Drug Administration. -(3) Has not been accepted to participate in the nearest clinical trial to his or her home for the immediately life-threatening disease or condition identified in paragraph (1) within one week of completion of the clinical trial application process, or, in the treating physician’s medical judgment, it is unreasonable for the patient to participate in that clinical trial due to the patient’s current condition and stage of disease. -(4) Has received a recommendation from his or her primary physician and a consulting physician for an investigational drug, biological product, or device. -(5) Has given written informed consent for the use of the investigational drug, biological product, or device, or, if he or she lacks the capacity to consent, his or her legally authorized representative has given written informed consent on his or her behalf. -(6) Has documentation from his or her primary physician and a consulting physician attesting that the patient has met the requirements of this subdivision. -(c) “Health benefit plan” means a plan or program that provides, arranges, pays for, or reimburses the cost of health benefits. “Health benefit plan” includes, but is not limited to, a health care service plan contract issued by a health care service plan, as defined in Section 1345, and a policy of health insurance, as defined in Section 106 of the Insurance Code, issued by a health insurer. -(d) “Immediately life-threatening disease or condition” means a stage of disease in which there is a reasonable likelihood that death will occur within a matter of months. -(e) “Investigational drug, biological product, or device” means a drug, biological product, or device that has successfully completed phase one of a clinical trial approved by the United States Food and Drug Administration, but has not been approved for general use by the United States Food and Drug Administration and remains under investigation in a clinical trial approved by the United States Food and Drug Administration. -(f) “Primary physician” means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act. -(g) “State regulatory board” means the Medical Board of California or the Osteopathic Medical Board of California. -(h) (1) “Written, informed consent” means a written document that has been approved by the primary physician’s institutional review board or an accredited independent institutional review board, is signed by an eligible patient, or his or her legally authorized representative when the patient lacks the capacity to consent, and attested to by the patient’s primary physician and a witness that, at a minimum, does all of the following: -(A) Explains the currently approved products and treatments for the immediately life-threatening disease or condition from which the patient suffers. -(B) Attests to the fact that the patient, or when the patient lacks the capacity to consent his or her legally authorized representative, concurs with the patient’s primary physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient’s life. -(C) Clearly identifies the specific proposed investigational drug, biological product, or device that the patient is seeking to use. -(D) Describes the potentially best and worst outcomes of using the investigational drug, biological product, or device and describes the most likely outcome. This description shall include the possibility that new, unanticipated, different, or worse symptoms might result and that death could be hastened by the proposed treatment. The description shall be based on the primary physician’s knowledge of the proposed treatment in conjunction with an awareness of the patient’s condition. -(E) Clearly states that the patient’s health benefit plan, if any, and health care provider are not obligated to pay for the investigational drug, biological product, or device or any care or treatments consequent to use of the investigational drug, biological product, or device. -(F) Clearly states that the patient’s eligibility for hospice care may be withdrawn if the patient begins curative treatment and that care may be reinstated if the curative treatment ends and the patient meets hospice eligibility requirements. -(G) Clearly states that in-home health care may be denied if treatment begins. -(H) States that the patient understands that he or she is liable for all expenses consequent to the use of the investigational drug, biological product, or device, and that this liability extends to the patient’s estate, except as otherwise provided in the patient’s health benefit plan or a contract between the patient and the manufacturer of the drug, biological product, or device. -(2) Written, informed consent for purposes of this article shall be consistent with the informed consent requirements of the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20). -111548.2. -(a) Notwithstanding Section 110280, 111520, or 111550, a manufacturer of an investigational drug, biological product, or device may make available the manufacturer’s investigational drug, biological product, or device to an eligible patient pursuant to this article. This article does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient. -(b) A manufacturer may do both of the following: -(1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation. -(2) Require an eligible patient to pay the costs of or associated with the manufacture of the investigational drug, biological product, or device. -(c) (1) This article does not expand the coverage provided under Sections 1370.4 and 1370.6 of this code, Sections 10145.3 and 10145.4 of the Insurance Code, or Sections 14087.11 and 14132.98 of the Welfare and Institutions Code. -(2) This article does not require a health benefit plan to provide coverage for the cost of any investigational drug, biological product, or device, or the costs of services related to the use of an investigational drug, biological product, or device under this article. A health benefit plan may provide coverage for an investigational drug, biological product, or device made available pursuant to this section. -(d) If the clinical trial for an investigational drug, biological product, or device is closed due to the lack of efficacy or for toxicity, the investigational drug, biological product, or device shall not be offered. If notice of closure of a clinical trial is given for an investigational drug, biological product, or device taken by a patient outside of a clinical trial, the manufacturer and the patient’s primary physician shall notify the patient of the information from the safety committee of the clinical trial. -(e) If an eligible patient dies while being treated by an investigational drug, biological product, or device made available pursuant to this article, the patient’s heirs are not liable for any outstanding debt related to the treatment or lack of insurance for the treatment. -111548.3. -(a) Notwithstanding any other law, a state regulatory board shall not revoke, fail to renew, or take any other disciplinary action against a physician’s license based solely on the physician’s recommendation to an eligible patient regarding, or prescription for or treatment with, an investigational drug, biological product, or device if the recommendation or prescription is consistent with protocol approved by the physician’s institutional review board or an accredited independent institutional review board. -(b) The physician’s institutional review board or an accredited institutional review board shall biannually report the following information to the State Department of Public Health, the Medical Board of California, and the Osteopathic Medical Board of California: -(1) The number of requests made for an investigational drug, biological product, or device. -(2) The status of the requests made. -(3) The duration of the treatment. -(4) The costs of the treatment paid by eligible patients. -(5) The success or failure of the investigational drug, biological product, or device in treating the immediately life-threatening disease or condition from which the patient suffers. -(6) Any adverse event for each investigational drug, biological product, or device. -(c) A state agency shall not alter any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider’s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that a patient have access to an investigational drug, biological product, or device. -(d) A violation of this section shall not be subject to Chapter 8 (commencing with Section 111825). -111548.5. -This article does not create a private cause of action, and actions taken pursuant to this article shall not serve as a basis for a civil, criminal, or disciplinary claim or cause of action, including, but not limited to, product liability, medical negligence, or wrongful death, against a manufacturer of an investigational drug, biological product, or device, or against any other person or entity involved in the care of an eligible patient for harm done to the eligible patient or his or her heirs resulting from the investigational drug, biological product, or device, or the use or nonuse thereof, if the manufacturer or other person or entity has complied with the terms of this article in relation to the eligible patient, unless there was a failure to exercise reasonable care.","Existing law, the federal Food, Drug, and Cosmetic Act, prohibits a person from introducing into interstate commerce any new drug unless the drug has been approved by the United States Food and Drug Administration (FDA). Existing law requires the sponsor of a new drug to submit to the FDA an investigational new drug application and to then conduct a series of clinical trials to establish the safety and efficacy of the drug in human populations and submit the results to the FDA in a new drug application. -Existing law, the Sherman Food, Drug, and Cosmetic Law, regulates the packaging, labeling, and advertising of drugs and devices and is administered by the State Department of Public Health. A violation of that law is a crime. The Sherman Food, Drug, and Cosmetic Law prohibits, among other things, the sale, delivery, or giving away of a new drug or new device unless either the department has approved a new drug or device application for that new drug or new device and that approval has not been withdrawn, terminated, or suspended or the drug or device has been approved pursuant to specified provisions of federal law, including the federal Food, Drug, and Cosmetic Act. -The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and requires the board to take action against a licensee who is charged with unprofessional conduct. The Osteopathic Act provides for the licensure and regulation of osteopathic physicians and surgeons by the Osteopathic Medical Board of California and requires the board to enforce the Medical Practice Act with respect to its licensees. -This bill would permit a manufacturer of an investigational drug, biological product, or device to make the product available to eligible patients with an immediately life-threatening disease or condition, as specified. The bill would authorize, but not require, a health benefit plan, as defined, to provide coverage for any investigational drug, biological product, or device made available pursuant to these provisions. The bill would prohibit the Medical Board of California and the Osteopathic Medical Board of California from taking any disciplinary action against the license of a physician based solely on the physician’s recommendation to an eligible patient regarding, or prescription for or treatment with, an investigational drug, biological product, or device if the recommendation or prescription is consistent with protocol approved by the physician’s institutional review board or an accredited institutional review board, and would require the institutional review board to biannually report specified information to the State Department of Public Health, among others. The bill would prohibit a state agency from altering any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider’s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that a patient have access to an investigational drug, biological product, or device.","An act to add Article 4.5 (commencing with Section 111548) to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, relating to drugs and devices." -439,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 186.2 of the Penal Code is amended to read: -186.2. -For purposes of this chapter, the following definitions apply: -(a) “Criminal profiteering activity” means any act committed or attempted or any threat made for financial gain or advantage, which act or threat may be charged as a crime under any of the following sections: -(1) Arson, as defined in Section 451. -(2) Bribery, as defined in Sections 67, 67.5, and 68. -(3) Child pornography or exploitation, as defined in subdivision (b) of Section 311.2, or Section 311.3 or 311.4, which may be prosecuted as a felony. -(4) Felonious assault, as defined in Section 245. -(5) Embezzlement, as defined in Sections 424 and 503. -(6) Extortion, as defined in Section 518. -(7) Forgery, as defined in Section 470. -(8) Gambling, as defined in Sections 337a to 337f, inclusive, and Section 337i, except the activities of a person who participates solely as an individual bettor. -(9) Kidnapping, as defined in Section 207. -(10) Mayhem, as defined in Section 203. -(11) Murder, as defined in Section 187. -(12) Pimping and pandering, as defined in Section 266. -(13) Receiving stolen property, as defined in Section 496. -(14) Robbery, as defined in Section 211. -(15) Solicitation of crimes, as defined in Section 653f. -(16) Grand theft, as defined in Section 487 or subdivision (a) of Section 487a. -(17) Trafficking in controlled substances, as defined in Sections 11351, 11352, and 11353 of the Health and Safety Code. -(18) Violation of the laws governing corporate securities, as defined in Section 25541 of the Corporations Code. -(19) Offenses contained in Chapter 7.5 (commencing with Section 311) of Title 9, relating to obscene matter, or in Chapter 7.6 (commencing with Section 313) of Title 9, relating to harmful matter that may be prosecuted as a felony. -(20) Presentation of a false or fraudulent claim, as defined in Section 550. -(21) False or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code. -(22) Money laundering, as defined in Section 186.10. -(23) Offenses relating to the counterfeit of a registered mark, as specified in Section 350, or offenses relating to piracy, as specified in Section 653w. -(24) Offenses relating to the unauthorized access to computers, computer systems, and computer data, as specified in Section 502. -(25) Conspiracy to commit any of the crimes listed above, as defined in Section 182. -(26) Subdivision (a) of Section 186.22, or a felony subject to enhancement as specified in subdivision (b) of Section 186.22. -(27) Offenses related to fraud or theft against the state’s beverage container recycling program, including, but not limited to, those offenses specified in this subdivision and those criminal offenses specified in the California Beverage Container Recycling and Litter Reduction Act, commencing at Section 14500 of the Public Resources Code. -(28) Human trafficking, as defined in Section 236.1. -(29) Any crime in which the perpetrator induces, encourages, or persuades a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person. -(30) Any crime in which the perpetrator, through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, causes a person under 18 years of age to engage in a commercial sex act. For purposes of this paragraph, a commercial sex act means any sexual conduct on account of which anything of value is given or received by any person. -(31) Theft of personal identifying information, as defined in Section 530.5. -(32) Offenses involving the theft of a motor vehicle, as specified in Section 10851 of the Vehicle Code. -(33) Abduction or procurement by fraudulent inducement for prostitution, as defined in Section 266a. -(34) Offenses relating to insurance fraud, as specified in Sections 2106, 2108, 2109, 2110, 2110.3, 2110.5, 2110.7, and 2117 of the Unemployment Insurance Code. -(b) (1) “Pattern of criminal profiteering activity” means engaging in at least two incidents of criminal profiteering, as defined by this chapter, that meet the following requirements: -(A) Have the same or a similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics. -(B) Are not isolated events. -(C) Were committed as a criminal activity of organized crime. -(2) Acts that would constitute a “pattern of criminal profiteering activity” may not be used by a prosecuting agency to seek the remedies provided by this chapter unless the underlying offense occurred after the effective date of this chapter and the prior act occurred within 10 years, excluding any period of imprisonment, of the commission of the underlying offense. A prior act may not be used by a prosecuting agency to seek remedies provided by this chapter if a prosecution for that act resulted in an acquittal. -(c) “Prosecuting agency” means the Attorney General or the district attorney of any county. -(d) “Organized crime” means crime that is of a conspiratorial nature and that is either of an organized nature and seeks to supply illegal goods or services such as narcotics, prostitution, pimping and pandering, loan-sharking, counterfeiting of a registered mark in violation of Section 350, the piracy of a recording or audiovisual work in violation of Section 653w, gambling, and pornography, or that, through planning and coordination of individual efforts, seeks to conduct the illegal activities of arson for profit, hijacking, insurance fraud, smuggling, operating vehicle theft rings, fraud against the beverage container recycling program, embezzlement, securities fraud, insurance fraud in violation of the provisions listed in paragraph 34 of subdivision (a), grand theft, money laundering, forgery, or systematically encumbering the assets of a business for the purpose of defrauding creditors. “Organized crime” also means crime committed by a criminal street gang, as defined in subdivision (f) of Section 186.22. “Organized crime” also means false or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code, and the theft of personal identifying information, as defined in Section 530.5. -(e) “Underlying offense” means an offense enumerated in subdivision (a) for which the defendant is being prosecuted. -SEC. 2. -Section 6007 of the Revenue and Taxation Code is amended to read: -6007. -(a) (1) A “retail sale” or “sale at retail” means a sale for a purpose other than resale in the regular course of business in the form of tangible personal property. -(2) When tangible personal property is delivered by an owner or former owner thereof, or by a factor or agent of that owner, former owner, or factor to a consumer or to a person for redelivery to a consumer, pursuant to a retail sale made by a retailer not engaged in business in this state, the person making the delivery shall be deemed the retailer of that property. He or she shall include the retail selling price of the property in his or her gross receipts or sales price. -(b) (1) Notwithstanding subdivision (a), a “retail sale” or “sale at retail” shall include a sale by a convicted seller of tangible personal property with a counterfeit mark, a counterfeit label, or an illicit label on that property, or in connection with that sale, regardless of whether the sale is for resale in the regular course of business. -(2) For purposes of this subdivision, all of the following shall apply: -(A) A “convicted seller” means a person convicted of a counterfeiting offense, including, but not limited to, a violation under Section 350 or 653w of the Penal Code or Section 2318, 2319, or 2320 of Title 18 of the United States Code on or after the date of sale. -(B) “Counterfeit mark” has the same meaning as that term is defined in Section 2320 of Title 18 of the United States Code. -(C) “Counterfeit label” has the same meaning as that term is defined in Section 2318 of Title 18 of the United States Code. -(D) “Illicit label” has the same meaning as that term is defined in Section 2318 of Title 18 of the United States Code. -(E) Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, and Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of, the Business and Professions Code, and Title 1.5 (commencing with Section 1750) of Part 4 of Division 3 of the Civil Code shall not apply to any person other than a convicted seller. -(F) Notwithstanding Article 2 (commencing with Section 6481) of Chapter 5, any notice of deficiency determination to a convicted seller shall be mailed within one year after the last day of the calendar month following the date of conviction. -SEC. 3. -Section 6009.2 of the Revenue and Taxation Code is amended to read: -6009.2. -(a) Notwithstanding Sections 6008, 6009, and 6009.1, “storage” and “use” each shall include a purchase by a convicted purchaser of tangible personal property with a counterfeit mark, a counterfeit label, or an illicit label on that property, or in connection with that purchase, regardless of whether the purchase is for resale in the regular course of business. -(b) “Convicted purchaser” means a person convicted of a counterfeiting offense, including, but not limited to, a violation under Section 350 or 653w of the Penal Code or Section 2318, 2319, or 2320 of Title 18 of the United States Code on or after the date of purchase. -(c) For purposes of this section, Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, and Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of, the Business and Professions Code, and Title 1.5 (commencing with Section 1750) of Part 4 of Division 3 of the Civil Code shall not apply to any person other than a convicted seller. -(d) “Counterfeit mark” has the same meaning as that term is defined in Section 2320 of Title 18 of the United States Code. -(e) “Counterfeit label” has the same meaning as that term is defined in Section 2318 of Title 18 of the United States Code. -(f) “Illicit label” has the same meaning as that term is defined in Section 2318 of Title 18 of the United States Code. -(g) Notwithstanding Article 2 (commencing with Section 6481) of Chapter 5, any notice of deficiency determination to a convicted purchaser shall be mailed within one year after the last day of the calendar month following the date of conviction. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity, as specified, and requires the prosecution to file a petition for forfeiture in conjunction with certain criminal charges. Under existing law, criminal profiteering activity is defined to include specified crimes, including forgery and offenses relating to counterfeit of a registered mark. Existing law also defines organized crime for the purposes of these provisions as including, among other things, specified crimes that are of a conspiratorial nature and are either of an organized nature and seek to supply illegal goods and services or crimes that, through planning and coordination of individual efforts, seek to conduct specified illegal activities. -This bill would include within the definition of criminal profiteering activity offenses relating to piracy, and insurance fraud, as specified. The bill would also broaden the definition of organized crime to include pimping and pandering, counterfeiting of a registered mark, piracy of a recording or audiovisual work, embezzlement, securities fraud, grand theft, money laundering, and forgery. By increasing the burdens on local prosecuting agencies, this bill would impose a state-mandated local program. -Existing law, the Sales and Use Tax Law, imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from any retailer for storage, use, or other consumption in this state. Existing law provides that a “retail sale” or “sale at retail” includes any sale by a convicted seller, as defined, of tangible personal property with a counterfeit mark on, or in connection with, that sale, regardless of whether the sale is for resale in the regular course of business. Existing law provides that “storage” or “use” includes a purchase by a convicted purchaser, as defined, of tangible personal property with a counterfeit mark on, or in connection with, that purchase, regardless of whether the purchase is for resale in the regular course of business. -Under this bill, a “retail sale” or “sale at retail” additionally would include any sale by a convicted seller of tangible personal property with a counterfeit label or an illicit label, as specified. The bill similarly would provide that “storage” and “use” additionally would include a purchase by a convicted purchaser of tangible personal property with a counterfeit label or an illicit label, as specified. -The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to state sales and use taxes are incorporated into these laws. -The amendments made by this bill would be incorporated into these laws. -This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of -2/3 -of the membership of each house of the Legislature. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 186.2 of the Penal Code, and to amend Sections 6007 and 6009.2 of the Revenue and Taxation Code, relating to criminal profiteering." -440,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 44262.5 of the Education Code is amended to read: -44262.5. -(a) Upon recommendation of the tribal government of a federally recognized Indian tribe in California, the commission shall issue an American Indian language-culture credential to a candidate who has met the following requirements: -(1) (A) For the American Indian language authorization, demonstrated fluency in that tribe’s language based on an assessment developed and administered by that federally recognized Indian tribe pursuant to subdivision (e). -(B) For the American Indian culture authorization, demonstrated knowledge in that tribe’s culture based on an assessment developed and administered by that federally recognized Indian tribe pursuant to subdivision (e). -(C) Candidates meeting the requirements of both subparagraphs (A) and (B) shall be granted both the American Indian language and the American Indian culture authorizations. -(2) Successfully completed a criminal background check conducted under Sections 44339, 44340, and 44341 for credentialing purposes. -(3) Submitted an application, fee, and recommendation for the credential to the commission through the federally recognized Indian tribe. -(b) The American Indian language-culture credential shall authorize the holder to teach the American Indian language, or culture, or both, for which the credential was issued in California public schools in preschool, kindergarten, grades 1 to 12, inclusive, and in adult education courses. -(c) The holder of an American Indian language-culture credential who does not also have a valid teaching credential issued by the State of California shall not teach in a public school, including a charter school, any subject other than the American Indian language, or culture, or both, for which he or she is credentialed. -(d) Each American Indian language-culture credential shall be issued initially for a two-year period and may be renewed for a three-year period upon recommendation of the tribal government. Upon completion of the three-year period, the holder of an American Indian language-culture credential shall be eligible for a clear teaching credential for that language upon application and the recommendation of the tribal government, in consultation with the applicant’s public school employer. -(e) (1) Each federally recognized American Indian tribe is encouraged to develop a written and oral assessment that should be successfully completed before an applicant is recommended for an American Indian language-culture credential. -(2) In developing the language assessment, an Indian tribe should determine all of the following: -(A) Which dialects of the tribal language will be included in the assessment. -(B) Whether the Indian tribe will standardize its writing system. -(C) The standard of knowledge and fluency required to qualify for an American Indian language authorization in that tribal language. -(D) Standards for effective teaching methods to be evaluated in the classroom. -(3) In developing the culture assessment, an Indian tribe should determine all of the following: -(A) The candidate’s understanding of the tribe’s culture and its practices, including, but not limited to, ceremonies and traditions, social institutions and relationships, holidays and festivals, health practices and traditions, patterns of work and leisure, and culinary traditions and practices. -(B) The standard of knowledge required to qualify for an American Indian culture authorization in that tribal culture. -(C) Standards for effective teaching methods to be evaluated in the classroom. -(4) The assessment should be administered at an appropriate location that does not create hardship for members of the Indian tribe administering the assessment. -(f) Upon agreement by the tribe, a tribe recommending a candidate for an American Indian language-culture credential shall develop and administer a technical assistance program guided by the California Standards for the Teaching Profession. To the extent feasible, the program shall be offered by teachers credentialed in an American Indian language, or culture, or both, who have three or more years of teaching experience. The technical assistance program may consist of direct classroom observation and consultation, assistance in instructional planning and preparation, support in implementation and delivery of classroom instruction, and other assistance intended to enhance the professional performance and development of the teacher of an American Indian language, or culture, or both. -(g) Public school personnel responsible for evaluating teachers, in accordance with local governing board policy, shall provide individuals employed to teach on the basis of the American Indian language-culture credential with information on the teaching personnel evaluation process and the California Standards for the Teaching Profession. -(h) For a candidate who has already received an American Indian languages credential before the effective date of this section, the tribe that recommended the candidate for the American Indian languages credential shall determine if the candidate may add the American Indian culture authorization to the preexisting languages credential, or if the candidate must reapply for the American Indian culture authorization as a new initial credential pursuant to subdivision (a). -SEC. 2. -Section 1 of Chapter 324 of the Statutes of 2009 is amended to read: -Section 1. -The Legislature finds and declares the following: -(a) Teaching American Indian language and culture is essential to the proper education of American Indian children. -(b) Preserving American Indian language and culture is an important part of our national heritage and can be of value to all Americans.","Existing law authorizes the Commission on Teacher Credentialing, among other things, to establish professional standards, assessments, and examinations for entry and advancement in the education profession. Existing law requires the commission, upon recommendation by a tribal government of a federally recognized Indian tribe in California, to issue an American Indian languages credential to a candidate who has demonstrated fluency in that tribal language and met other requirements. -This bill would instead require the commission, upon recommendation by a tribal government of a federally recognized Indian tribe in California, to issue an American Indian language-culture credential with an American Indian language authorization, or an American Indian culture authorization, or both, to a candidate who has met specified requirements. The bill would authorize the holder of an American Indian language-culture credential to teach the American Indian language, or culture, or both, for which the credential was issued in California public schools in preschool, kindergarten, grades 1 to 12, inclusive, and in adult education courses, and would make the holder of that credential eligible for a clear teaching credential after 5 years, upon application and the recommendation of the tribal government, as specified. The bill would encourage each federally recognized American Indian tribe to develop a written and oral assessment that should be successfully completed before an applicant is recommended for an American Indian language-culture credential with an American Indian language authorization, American Indian culture authorization, or both, as provided.","An act to amend Section 44262.5 of the Education Code, and to amend Section 1 of Chapter 324 of the Statutes of 2009, relating to teacher credentialing." -441,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 125000 of the Health and Safety Code is amended to read: -125000. -(a) (1) It is the policy of the State of California to make every effort to detect, as early as possible, phenylketonuria and other preventable heritable or congenital disorders leading to intellectual disability or physical defects. -(2) The department shall establish a genetic disease unit, that shall coordinate all programs of the department in the area of genetic disease. The unit shall promote a statewide program of information, testing, and counseling services and shall have the responsibility of designating tests and regulations to be used in executing this program. -(3) The information, tests, and counseling for children shall be in accordance with accepted medical practices and shall be administered to each child born in California. The department shall provide information about the tests and shall obtain a signed informational acknowledgment form for the receipt of information by the parent or guardian of a newborn child regarding the storage, retention, and use of the newborn child’s blood sample for medical research. The department shall establish appropriate regulations and testing methods. The information, tests, and counseling for pregnant women shall be in accordance with accepted medical practices and shall be offered to each pregnant woman in California once the department has established appropriate regulations and testing methods. These regulations shall follow the standards and principles specified in Section 124980. The department may provide laboratory testing facilities or contract with any laboratory that it deems qualified to conduct tests required under this section. However, notwithstanding former Section 125005, provision of laboratory testing facilities by the department shall be contingent upon the provision of funding therefor by specific appropriation to the Genetic Disease Testing Fund enacted by the Legislature. If moneys appropriated for purposes of this section are not authorized for expenditure to provide laboratory facilities, the department may nevertheless contract to provide laboratory testing services pursuant to this section and shall perform laboratory services, including, but not limited to, quality control, confirmatory, and emergency testing, necessary to ensure the objectives of this program. -(b) The department shall charge a fee for any tests performed pursuant to this section. The amount of the fee shall be established and periodically adjusted by the director in order to meet the reasonable costs of this section. -(c) The department shall inform all hospitals or physicians and surgeons, or both, of required regulations and tests and may alter or withdraw any of these requirements whenever sound medical practice so indicates. To the extent practicable, the department shall provide notice to hospitals and other payers in advance of an increase in the fees charged for the program. -(d) This section shall not apply if a parent or guardian of a newborn child objects to a test on the ground that the test conflicts with his or her religious beliefs or practices. -(e) The genetic disease unit is authorized to make grants or contracts or payments to vendors approved by the department for all of the following: -(1) Testing and counseling services. -(2) Demonstration projects to determine the desirability and feasibility of additional tests or new genetic services. -(3) To initiate the development of genetic services in areas of need. -(4) To purchase or provide genetic services from any sums as are appropriated for this purpose. -(f) (1) The genetic disease unit shall evaluate and prepare recommendations on the implementation of tests for the detection of hereditary and congenital diseases, including, but not limited to, biotinidase deficiency and cystic fibrosis. The genetic disease unit shall also evaluate and prepare recommendations on the availability and effectiveness of preventative followup interventions, including the use of specialized medically necessary dietary products. -(2) It is the intent of the Legislature that funds for the support of the evaluations and recommendations required pursuant to this subdivision, and for the activities authorized pursuant to subdivision (e), shall be provided in the annual Budget Act appropriation from the Genetic Disease Testing Fund. -(g) Health care providers that contract with a prepaid group practice health care service plan that annually has at least 20,000 births among its membership, may provide, without contracting with the department, any or all of the testing and counseling services required to be provided under this section or the regulations adopted pursuant thereto, if the services meet the quality standards and adhere to the regulations established by the department, the plan pays that portion of a fee established under this section that is directly attributable to the department’s reasonable cost of administering the testing or counseling service and attributable to any required testing or counseling services provided by the state for plan members. The payment by the plan, as provided in this subdivision, shall be deemed to fulfill any obligation the provider or the provider’s patient may have to the department to pay a fee in connection with the testing or counseling service. -(h) The department may appoint experts in the area of genetic screening, including, but not limited to, cytogenetics, molecular biology, prenatal, specimen collection, and ultrasound, to provide expert advice and opinion on the interpretation and enforcement of regulations adopted pursuant to this section. These experts shall be designated agents of the state with respect to their assignments. These experts shall not receive a salary, but shall be reimbursed for expenses associated with the purposes of this section. All expenses of the experts for the purposes of this section shall be paid from the Genetic Disease Testing Fund. -(i) A parent or legal guardian of a minor may request the department -to -destroy the blood sample of the minor collected as a newborn, or not use it for research purposes, or both, and the department shall comply with that request. -If the parent or legal guardian making the request provides his or her e-mail address, the department shall send an e-mail acknowledging that the department received the request. -(j) An individual who is at least 18 years of age may request the department -to -destroy his or her blood sample that was collected as a newborn, or not use it for research purposes, or both, and the department shall comply with that request. -If the individual making the request provides his or her e-mail address, the department shall send an e-mail acknowledging that the department received the request. -SEC. 2. -Section 125003 is added to the Health and Safety Code, to read: -125003. -(a) The department shall prepare and provide informational materials regarding newborn child blood samples collected pursuant to this article that include, but are not limited to, all of the following: -(1) A brief, plain language explanation of, and the purpose for, the newborn child screening test and the storage, retention, and use of newborn child blood samples collected pursuant to this article. -(2) A description of the benefits of both early newborn child screening and the associated research undertaken regarding preventable heritable or congenital disorders. -(3) A description of the California Biobank Program, specifically as it pertains to the Genetic Disease Screening Program, and subsequent storage, retention, and use of the newborn child’s blood sample for medical research. -(4) An explanation of the parent’s or legal guardian’s right to request that his or her minor child’s blood sample be destroyed or not used for research purposes, or both, and the information necessary to make that request. -(5) A statement that an individual who is at least 18 years of age has the right to request that his or her blood sample be destroyed or not used for research purposes, or both, and the information necessary to make that request. -(b) These informational materials shall be confined to a single page and presented in a separate document from the standard informational acceptance form required in Section 125004. -SEC. 3. -Section 125004 is added to the Health and Safety Code, to read: -125004. -(a) The department shall prepare a standard informational acceptance form that includes all of the following: -(1) A brief, plain language explanation of, and the purpose for, the newborn child screening test and retention of newborn child blood samples collected pursuant to this article. -(2) An explanation of the parent’s or legal guardian’s right to request that his or her minor child’s blood sample be destroyed or not used for research purposes, or both, and the information necessary to make that request. -(3) A space for the parent or legal guardian of the newborn child to acknowledge receipt of informational materials regarding the storage, retention, and use of the newborn child’s blood sample for medical research. -(4) A space for the parent or legal guardian of the newborn child to sign and date the form. -(b) The standard informational acceptance form shall be confined to a single page and presented in a separate document from the informational materials required in Section 125003. -(c) A copy of the standard informational acceptance form shall be maintained in the medical record of the mother of the newborn child. -(d) As used in this article, “informational acceptance form” means a written acknowledgment of received informational materials, signed and dated by a parent or legal guardian of a newborn child. -(e) In the event that there is no signed standard informational acceptance form retained in the mother’s medical record, the newborn child shall be administered the genetic screening test and the newborn child blood sample shall be stored and retained for medical research pursuant to Section 125000. -SEC. 4. -Section 125005 is added to the Health and Safety Code, to read: -125005. -(a) The department shall provide a parent or legal guardian with the informational materials described in Section 125003 and the standard informational acceptance form described in Section 125004 regarding the retention of newborn child blood samples collected pursuant to this article. -(b) The informational materials and standard informational acceptance form described in Section 125004 shall be distributed as follows: -(1) A birth attendant engaged in providing perinatal care shall provide a pregnant woman, prior to the estimated date of delivery, with a copy of the informational materials and a copy of the standard informational acceptance form provided by the department. -(2) If the informational materials or standard informational acceptance form has not been provided pursuant to paragraph (1), a perinatal licensed health facility shall provide each pregnant woman admitted for delivery with a copy of the informational materials and a copy of the standard informational acceptance form provided by the department. -(3) The local registrar of births and deaths shall provide a copy of the informational material and a copy of the standard informational acceptance form provided by the department to each person registering the birth of a newborn that occurred outside of a perinatal licensed health facility when the newborn was not admitted to a perinatal licensed health facility within the first 30 days of age. The local registrar of births and deaths shall notify the local health officer and the department of each of these registrations. -(c) For the purposes of this section, the following terms shall have the following meanings: -(1) “Birth attendant” means a person licensed or certified by the state to provide maternity care and to deliver pregnant women or to practice medicine. -(2) “Perinatal licensed health facility” means a health facility licensed by the state and approved to provide perinatal, delivery, newborn intensive care, newborn nursery, or pediatric services. -SEC. 5. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the State Department of Public Health to establish a program for the development, provision, and evaluation of genetic disease testing, and the program is required to provide genetic screening and followup services for persons who have the screening. The program includes statewide screening of newborn children through the collection of blood samples, unless the parent or guardian objects on the grounds of religious beliefs or practices. -This bill would require the department to provide information about the testing program, and to obtain a form signed by the parent or guardian acknowledging receiving information regarding the storage, retention, and use of the newborn child’s blood sample for medical research. The bill would authorize a parent or guardian of a minor child, and the newborn child, once he or she is at least 18 years of age, to request that the department destroy the blood sample, not use it for research purposes, or both, and the bill would require the department to comply with the request. -The bill would require the department, if the individual making a request to destroy the blood sample or to not use it for research purposes provides his or her e-mail address, to send an e-mail to the individual acknowledging that the department received the request. -The bill would also require the department to prepare and provide informational materials regarding the same information about the newborn child’s blood sample collected pursuant to the program, information on storage, retention, and use of the blood sample for medical research, and the right of specified persons to request that the blood sample be destroyed or not used for research purposes in a separate, single-page format. The bill would also require the department to prepare and provide a standard informational acceptance form, that includes, among other things, a brief, plain language explanation of, and the purpose for, the newborn child screening test and retention of newborn child blood samples. The bill would require the informational acceptance form to be provided to, and signed by, the parent or guardian when either version of the informational materials is provided. The bill would require specified persons to distribute the informational material and the informational acceptance form, including requiring the local registrar of births to provide a copy of the informational material and a copy of the standard informational acceptance form to each person registering the birth of a newborn that occurred outside of a perinatal licensed health facility, as specified. The bill would also require the local registrar to notify the local health officer and the department of each of these registrations by the local registrar. By imposing additional duties on local registrars of births, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 125000 of, and to add Sections 125003, 125004, and 125005 to, the Health and Safety Code, relating to newborn screening." -442,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 972.1 of the Military and Veterans Code, as amended by Section 2 of Chapter 401 of the Statutes of 2012, is repealed. -972.1. -(a)The sum of five hundred thousand dollars ($500,000) is hereby appropriated from the General Fund to the Department of Veterans Affairs for allocation, during the 1989–90 fiscal year, for purposes of funding the activities of county veterans service officers pursuant to this section. Funds for allocation in future years shall be as provided in the annual Budget Act. -(b)Funds shall be disbursed each fiscal year on a pro rata basis to counties that have established and maintain a county veterans service officer in accordance with the staffing level and workload of each county veterans service officer under a formula based upon performance that shall be developed by the Department of Veterans Affairs for these purposes, and that shall allocate county funds in any fiscal year for county veterans service officers in an amount not less than the amount allocated in the 1988–89 fiscal year. -(c)The department shall annually determine the amount of new or increased monetary benefits paid to eligible veterans by the federal government attributable to the assistance of county veterans service officers. The department shall, on or before October 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The Department of Finance shall review the department’s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year. -(d)(1)The Legislature finds and declares that 50 percent of the amount annually budgeted for county veterans service officers is approximately eleven million dollars ($11,000,000). The Legislature further finds and declares that it is an efficient and reasonable use of state funds to increase the annual budget for county veterans service officers in an amount not to exceed eleven million dollars ($11,000,000) if it is justified by the monetary benefits to the state’s veterans attributable to the effort of these officers. -(2)It is the intent of the Legislature, after reviewing the department’s determination in subdivision (c), to consider an increase in the annual budget for county veterans service officers in an amount not to exceed five million dollars ($5,000,000), if the monetary benefits to the state’s veterans attributable to the assistance of county veteran service officers justify that increase in the budget. -(e)This section shall become operative January 1, 2016. -SEC. 2. -Section 972.1 is added to the Military and Veterans Code, to read: -972.1. -(a) The Department of Veterans Affairs shall, no later than July 1, 2016, develop an allocation formula based upon performance standards that encourage innovation and reward outstanding service by county veterans service officers. Upon appropriation by the Legislature of moneys for this purpose, the moneys shall be allocated each fiscal year in accordance with that formula among only those counties that, in the discretion of the secretary, comply with the following requirements: -(1) Establish and maintain a county veterans service officer, pursuant to Section 970. -(2) Collect and report all information required by the department in accordance with departmental regulations. -(3) Comply with the training and accreditation standards for county veterans service officers and veteran service representatives as may be set by the department. -(4) Require county veterans service officers and veteran service representatives to become accredited with the department for the purpose of providing representation services to claimants before the United States Department of Veterans Affairs within 18 months of the commencement of his or her employment, or on or before June 1, 2017, whichever date is later. -(b) The department shall annually report to the Legislature the efficacy, return on investment, work volume, and regional impact of the subvention funds on each county that receives those funds. The department shall, in addition to the requirements of Section 974, annually determine information including, but not limited to, the following: -(1) The amount of new or increased monetary benefits paid to eligible veterans by the federal government attributable to the assistance of county veterans service officers and the basis for that determination. -(2) The amount paid to each county, including the amounts paid to each county for each category of workload unit included in the allocation formula. -(3) An evaluation as to each county’s use of subvention funds, including recommendations for improvement of each county’s use of subvention funds. -(c) The department shall, on or before October 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The Department of Finance shall review the department’s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year. The department may combine this report with the report required by Section 974. -(d) For the purposes of this section, “workload unit” means a specific claim activity that is used to allocate subvention funds to counties, which is approved by the department, and performed by county veterans service officers. -(e) It is the intent of the Legislature that the department revise the allocation formula pursuant to this section on a regular basis to adjust for changes in veteran demographics and veteran needs. -SECTION 1. -The Legislature finds and declares all of the following: -(a)The recent conflicts in Iraq and Afghanistan are creating an entirely new generation of veterans who may be eligible for federal veterans benefits because of their war service and their physical and mental conditions. -(b)Californians make up to 10 percent of the federal military forces used in these conflicts. Furthermore, the California National Guard and California-based reserve units have contributed significantly to these current conflicts. -(c)Many of these returning California veterans are not aware of the federal and state benefits that are available to them. -(d)Additionally, it is estimated that in California there may be over two million veterans, and their widows or widowers, who are unaware that they may be eligible for pensions from the federal government based upon their, or their spouses’, past military service in World War II, Korea, Vietnam, or the Gulf War. -(e)California’s county veterans service officers are the initial local point of contact for claimants accessing the United States Department of Veterans Affairs. -(f)The costs of maintaining county veterans service officers are shared from county general funds and state reimbursement to the counties. In 1997, in order to track performance, the Legislature enacted and the Governor signed into law Senate Bill 608, enacted as Chapter 318 of the Statutes of 1997, which required the California Department of Veterans Affairs to annually report the amount of monetary benefits paid to veterans by the federal government that were attributable to the assistance of county veterans service officers. Senate Bill 608 also required the Department of Finance to consider an increase in the annual budget for county veterans service officers of up to $5 million, if approved in the annual budget process. In 2009, the Legislature enacted and the Governor signed into law Senate Bill 419 enacted as Chapter 183 of the Statutes of 2009, which raised this amount to $11 million, if approved in the annual budget process. -(g)As a result of this annual reporting, by the end of 2013, it had been determined that from 1995 to 2013, inclusive, the state had cumulatively budgeted $41.4 million for its share of the cost of the county veterans service officers. As a result of this investment, county veteran service officers were able to assist local veterans in obtaining $4.1 billion, in new federal moneys. This is a return of about $98 for every $1 the state allocates to county veterans service officers. Furthermore, the $4.1 billion only reflects the actual monetary benefits qualified for in a given year. The monetary benefits qualified for in prior years are not tracked, yet the veterans and their dependents may continue to receive those benefits for the rest of their lives. Added to this stellar return on the state’s investment, but not counted in the annual reporting, are the Medi-Cal cost avoidance savings incurred as a result of county veterans service officers qualifying and shifting veterans away from Medi-Cal and into the appropriate federal veterans program. -(h)The county veterans service officers had accomplished all of this without ever reaching the allowable state budget allocation of $11 million, set in 2009. To date, the county veterans service officers have not received more than $5.6 million per year from the state. -(i)It is critical that the county veterans service officers receive a steady stream of funding because there continues to be a large number of underserved veterans and their dependents who are not aware of the federal benefits available to them as a result of their military service. Studies from other states have shown that increases in county veterans service officers have resulted in larger amounts of federal moneys to veterans. These new federal moneys and benefits are paid directly from the United States Department of Veterans Affairs to the qualifying veteran or their dependent and are used in the local economy. -SEC. 2. -Section 972.1 of the -Military and Veterans Code -, as amended by Section 3 of Chapter 401 of the Statutes of 2012, is amended to read: -972.1. -(a)Funds shall be disbursed each fiscal year on a pro rata basis to counties that have established and maintain a county veterans service officer in accordance with the staffing level and workload of each county veterans service officer under a formula based upon performance that shall be developed by the Department of Veterans Affairs for these purposes. -(1)For the purposes of this section, “workload unit” means a specific claim activity that is used to allocate subvention funds to counties, which is approved by the department, and performed by county veterans service officers. -(2)For the purposes of this subdivision, the department, by June 30, 2013, shall develop a performance-based formula that will incentivize county veterans service officers to perform workload units that help veterans access federal compensation and pension benefits and other benefits, in order to maximize the amount of federal money received by California veterans. -(b)The department shall annually determine the amount of new or increased monetary benefits paid to eligible veterans by the federal government attributable to the assistance of county veterans service officers. The department shall, on or before October 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The Department of Finance shall review the department’s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year. -(c)The department shall conduct a review of the high-performing and low-performing county veterans service officers, and, based on this review, shall produce a best-practices manual for county veterans service officers by June 30, 2013. -(d)The Legislature finds and declares that it is an efficient and reasonable use of state funds to increase the annual budget for county veterans service officers up to a total of eleven million dollars ($11,000,000) if it is justified by the monetary benefits to the state’s veterans attributable to the effort of these officers. -(e)This section shall remain in effect only until January 1, 2016, and as of that date is repealed. -SEC. 3. -Section 972.1 of the -Military and Veterans Code -, as amended by Section 2 of Chapter 401 of the Statutes of 2012, is amended to read: -972.1. -(a)Funds shall be disbursed each fiscal year on a pro rata basis to counties that have established and maintain a county veterans service officer in accordance with the staffing level and workload of each county veterans service officer under a formula based upon performance that shall be developed by the Department of Veterans Affairs for these purposes, and that shall allocate county funds in any fiscal year for county veterans service officers in an amount not less than five million six hundred thousand dollars ($5,600,000). -(b)The department shall annually determine the amount of new or increased monetary benefits paid to eligible veterans by the federal government attributable to the assistance of county veterans service officers. The department shall, on or before October 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The Department of Finance shall review the department’s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year. -(c)The Legislature finds and declares that it is an efficient and reasonable use of state funds to increase the annual budget for county veterans service officers up to a total of eleven million dollars ($11,000,000) if it is justified by the monetary benefits to the state’s veterans attributable to the effort of these officers. -(d)This section shall become operative January 1, 2016. -SEC. 4. -Section 972.3 is added to the -Military and Veterans Code -, to read: -972.3. -(a)Notwithstanding Section 13340 of the Government Code, the sum of five million six hundred thousand dollars ($5,600,000) is hereby appropriated annually from the General Fund each fiscal year commencing July 1, 2015, to the Department of Veterans Affairs to be available for allocation to counties to fund the activities of county veterans service officers pursuant to subdivision (a) of Section 972.1. Moneys appropriated pursuant to this subdivision shall only be available for encumbrance and expenditure for one year after the date upon which it first becomes available for encumbrance. -(b)The Department of Veterans Affairs shall, no later than July 1, 2016, develop an allocation formula based upon performance standards that encourage innovation and reward outstanding service by county veterans service officers. Moneys appropriated for this purpose shall be allocated each fiscal year in accordance with that formula among those counties that have established and maintained a county veterans service officer pursuant to Section 970. -SEC. 5. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -Approximately 50 percent of the current General Fund appropriation in support of county veteran service offices operations expires on June 30, 2015. In order to provide for continuity of services critical to the successful reintegration of California’s veterans, to increase California’s utilization of veteran benefits, and to ensure veteran’s claims for benefits are processed in a timely manner, it is necessary that this act take effect immediately.","Existing law requires the Department of Veterans Affairs to disburse funds, appropriated to the department for the purpose of supporting county veterans service officers pursuant to the annual Budget Act, on a pro rata basis, to -counties -a county -that -comply -complies -with certain conditions. -This bill would -appropriate on an annual basis the sum of $5,600,000 from the General Fund to the Department of Veterans Affairs to be available for allocation to counties to fund the activities of county veterans service officers, as specified. The bill would specify that the money appropriated would only be available for encumbrance and expenditure for one year. The bill would -require the department, no later than July 1, 2016, to develop an allocation formula based upon performance standards that encourage innovation and reward outstanding service by county veterans service officers, and would require those -continuously appropriated -moneys to be -allocated -allocated, upon appropriation by the Legislature, -in accordance with that formula, as specified. -The bill would require the department to annually report to the Legislature the efficacy, return on investment, work volume, and regional impact of the subvention funds on each county that receives those funds, as specified. -The bill would also delete obsolete provisions and would make conforming changes. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to -amend Section 972.1 of, and to add Section 972.3 to, -repeal and add Section 972.1 of -the Military and Veterans Code, relating to -veterans, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. -veterans." -443,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The federal Patient Protection and Affordable Care Act provides millions of previously uninsured Californians access to health services, including physician care. As a result of this additional demand for physician services, the projected statewide physician shortfall is 17,000 for 2015. -(b) The San Joaquin Valley, which runs from Stockton to Bakersfield, is rich in cultural diversity and is the nation’s leading agricultural region. However, the valley is disproportionately affected by the state’s physician shortage, which is expected to intensify in the years ahead given the high rate of population growth in the area. Access to health care is 31 percent lower in the San Joaquin Valley than in the rest of California. -(c) Several regions of the San Joaquin Valley are federally designated Medically Underserved Areas (MUAs). The calculation of MUAs involves four variables: the ratio of primary medical care physicians per 1,000 population, the infant mortality rate, the percentage of the population with incomes below the poverty level, and the percentage of the population 65 years of age or over. -(d) To help address California’s physician workforce needs, the Regents of the University of California engaged in a comprehensive strategic planning process and, in May 2008, approved moving forward with planning efforts leading to the development of a possible medical school at the campus of the University of California, Merced (UC Merced). At that time, the regents also approved moving forward with other preparations, such as planning for the initial basic sciences and clinical infrastructure. Upon completion of these and other activities, the regents envisioned that a formal proposal to establish a new medical school eventually could be developed. -(e) The medical schools of the University of California, including a possible future medical school at UC Merced, will play an important role in addressing California’s physician shortages. -(f) Medical education and a possible future UC Merced School of Medicine will further contribute to the economic growth of the San Joaquin Valley and the state, as well as expand educational opportunities for valley residents, and will further support UC Merced’s trajectory toward becoming a top-tier university. -(g) UC Merced’s San Joaquin Valley Program in Medical Education (PRIME) is providing a key interim resource for training valley health care providers. This program accomplishes all of the following: -(1) Strengthens the desire for new physicians to practice in the San Joaquin Valley, which is one of California’s most medically underserved areas. -(2) Reduces health disparities and inequalities in the San Joaquin Valley. -(3) Forms lasting relationships between the program and communities, hospitals, clinics, and physicians to enhance health care in the region. -(h) Students who take part in PRIME benefit from firsthand experience with interdisciplinary health care by providing care in medically underserved communities, working with patients and families from culturally diverse backgrounds, and developing a true understanding of the issues and conditions that impact access to and quality of health care in the region. -(i) Despite its numerous benefits for its region, PRIME lacks an ongoing source of funding for its current enrollment as well as the financial resources to expand capacity to meet the needs of the valley. -(j) Given the San Joaquin Valley’s health care needs and the critical role that a possible future medical school at UC Merced would play in addressing those needs, it is essential for the State of California to continue developing the valley’s health care resources by sustaining the current PRIME enrollment, expanding that program’s capacity, and continuing to move toward the establishment of a medical school at UC Merced. -SEC. 2. -The sum of one million -eight -two -hundred fifty-five thousand dollars -($1,855,000) -($1,255,000) -is hereby appropriated from the General Fund to the Regents of the University of California each fiscal year, commencing with the 2016–17 fiscal year, for allocation to the University of California to support expansion of the San Joaquin Valley PRIME program to admit up to 12 students per year and operate the program with up to 48 student participants from across the four-year curriculum annually. -SEC. 3. -The sum of one million dollars ($1,000,000) is hereby appropriated from the General Fund to the Regents of the University of California during the 2016—17 fiscal year for allocation to the University of California, to support a two-year planning effort geared toward the establishment of a separate traditional medical school at the University of California, Merced. The effort shall include determination of the necessary program components such as basic and clinical science courses, curriculum, capital needs, one-time and ongoing operational funding, student support services, and other necessary components. The University of California shall submit a report to the appropriate policy and fiscal committees of the Legislature by March 1, 2019, summarizing its planning efforts and providing recommendations and estimates for the infrastructure, personnel, and funding, and time necessary to establish and maintain such a program.","Existing provisions of the California Constitution establish the University of California as a public trust under the administration of the Regents of the University of California. The University of California system includes 10 campuses, which are located in Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz. -This bill would express findings and declarations of the Legislature relating to the role of the University of California with respect to access to health care in the San Joaquin Valley. -The bill would appropriate -$1,855,000 -$1,255,000 -from the General Fund to the regents each fiscal year, commencing with the 2016–17 fiscal year, for allocation to the University of California to support expansion of the San Joaquin Valley Program in Medical Education, as specified. -The bill would appropriate $1,000,000 from the General Fund to the Regents of the University of California during the 2016–17 fiscal year for allocation to the University of California to support a 2-year planning effort geared toward the establishment of a separate traditional medical school at the University of California, Merced, as specified.","An act relating to the University of California, and making an appropriation therefor." -444,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25500.5 of the Public Resources Code is amended to read: -25500.5. -The commission shall certify sufficient sites and related facilities -which -that -are required to provide a supply of -electric power -electricity -sufficient to -accomodate -accommodate -the demand projected in the most recent forecast of statewide and service area -electric power -electricity -demands adopted pursuant to subdivision (b) of Section 25309. -SEC. 2. -Section 25514 of the Public Resources Code is amended to read: -25514. -After conclusion of the hearings held pursuant to Section 25513 and no later than 300 days after the filing of the notice, a final report shall be prepared and distributed. The final report shall include, but not be limited to, all of the following: -(a) The findings and conclusions of the commission regarding the conformity of alternative sites and related facilities designated in the notice or considered in the notice of intention proceeding with both of the following: -(1) The 12-year forecast of statewide and service area -electric power -electricity -demands adopted pursuant to subdivision (e) of Section 25305, except as provided in Section 25514.5. -(2) Applicable local, regional, state, and federal standards, ordinances, and laws, including any long-range land use plans or guidelines adopted by the state or by any local or regional planning agency, which would be applicable but for the exclusive authority of the commission to certify sites and related facilities; and the standards adopted by the commission pursuant to Section 25216.3. -(b) Any findings and comments submitted by the California Coastal Commission pursuant to Section 25507 and subdivision (d) of Section 30413. -(c) Any findings and comments submitted by the San Francisco Bay Conservation and Development Commission pursuant to Section 25507 of this code and subdivision (d) of Section 66645 of the Government Code. -(d) The commission’s findings on the acceptability and relative merit of each alternative siting proposal designated in the notice or presented at the hearings and reviewed by the commission. The specific findings of relative merit shall be made pursuant to Sections 25502 to 25516, inclusive. In its findings on any alternative siting proposal, the commission may specify modification in the design, construction, location, or other conditions which will meet the standards, policies, and guidelines established by the commission. -(e) Findings and conclusions with respect to the safety and reliability of the facility or facilities at each of the sites designated in the notice, as determined by the commission pursuant to Section 25511, and any conditions, modifications, or criteria proposed for any site and related facility proposal resulting from the findings and conclusions. -(f) Findings and conclusions as to whether increased property taxes due to the construction of the project are sufficient to support needed local improvements and public services required to serve the project. -SEC. 3. -Section 25514.5 of the Public Resources Code is amended to read: -25514.5. -In considering the acceptability of a site proposed to accommodate ultimately additional -power-generating -electrical generating -capacity, the commission, in determining, pursuant to Sections 25514 and 25512, the conformity of the facilities proposed in the notice with the 12-year forecast of statewide and service area -electric power -electricity -demands adopted pursuant to subdivision (e) of Section 25305, shall base its determination only on such initial facilities as are proposed for operation within the forthcoming 12-year period. Additional facilities projected to be operating at the site at a time beyond the forthcoming 12-year period shall not be considered in the determination of conformity with the -electric power -electricity -demand forecast. -SEC. 4. -Section 25516 of the Public Resources Code is amended to read: -25516. -(a) -The approval of the notice by the commission shall be based upon findings pursuant to Section 25514. The notice shall not be approved unless the commission finds at least two alternative site and related facility proposals considered in the commission’s final report as acceptable. If the commission does not find at least two sites and related facilities acceptable, additional sites and related facilities may be proposed by the applicant which shall be considered in the same manner as those proposed in the original notice. -(b) -If the commission finds that a good faith effort has been made by the person submitting the notice to find an acceptable alternative site and related facility and that there is only one acceptable site and related facility among those submitted, the commission may approve the notice based on the one site and related facility. If a notice is approved based on one site and related facility, the commission may require a new notice to be filed to identify acceptable alternative sites and related facilities for the one site and related facility approved unless suitable alternative sites and related facilities have been approved by the commission in previous notice of intention proceedings. -(c) -If the commission finds that additional -electric -electrical -generating capacity is needed to accommodate the -electric power -electricity -demand forecast pursuant to subdivision (e) of Section 25305 and, after the commission finds that a good faith effort was made by the person submitting the notice to propose an acceptable site and related facility, it fails to find any proposed site and related facility to be acceptable, the commission shall designate, at the request of and at the expense of the person submitting the notice, a feasible site and related facility for providing the needed -electric -electrical -generating capacity. -SEC. 5. -Section 740.3 of the Public Utilities Code is amended to read: -740.3. -(a) The commission, in cooperation with the -State Energy Conservation and Development -Energy -Commission, the State Air Resources Board, air quality management districts and air pollution control districts, regulated electrical and gas corporations, and the motor vehicle industry, shall evaluate and implement policies to promote the development of equipment and infrastructure needed to facilitate the use of -electric power -electricity -and natural gas to fuel low-emission vehicles. Policies to be considered shall include both of the following: -(1) The sale-for-resale and the rate-basing of low-emission vehicles and supporting equipment such as batteries for electric vehicles and compressor stations for natural gas fueled vehicles. -(2) The development of statewide standards for electric vehicle charger connections and compressed natural gas vehicle fueling connections, including installation procedures and technical assistance to installers. -(b) The commission shall hold public hearings as part of its effort to evaluate and implement the new policies considered in subdivision (a), and shall provide a progress report to the Legislature by January 30, 1993, and every two years thereafter, concerning policies on rates, equipment, and infrastructure implemented by the commission and other state agencies, federal and local governmental agencies, and private industry to facilitate the use of -electric power -electricity -and natural gas to fuel low-emission vehicles. -(c) The commission’s policies authorizing utilities to develop equipment or infrastructure needed for electric-powered and natural gas-fueled low-emission vehicles shall ensure that the costs and expenses of those programs are not passed through to electric or gas ratepayers unless the commission finds and determines that those programs are in the ratepayers’ interest. The commission’s policies shall also ensure that utilities do not unfairly compete with nonutility enterprises.","The Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission and requires it to certify sufficient sites and related facilities that are required to provide a supply of electricity sufficient to accommodate projected demand for electricity in that commission’s most recent forecast of statewide and service area electricity demand. -This bill would make nonsubstantive revisions to the State Energy Resources Conservation and Development Commission’s certification requirements. -Existing law requires the Public Utilities Commission, in cooperation with the State Energy Resources Conservation and Development Commission, the State Air Resources Board, air quality management districts and air pollution control districts, electrical and gas corporations, and the motor vehicle industry, to evaluate and implement policies to promote the development of equipment and infrastructure needed to facilitate the use of electricity and natural gas to fuel low-emission vehicles. -This bill would make nonsubstantive revisions to these requirements of the Public Utilities Commission.","An act to amend Sections 25500.5, 25514, 25514.5, and 25516 of the Public Resources Code, and to amend Section 740.3 of the Public Utilities Code, relating to electricity." -445,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 66027.1 is added to the Education Code, to read: -66027.1. -(a) On or after July 1, 2016, whenever the Board of Governors of the California Community Colleges, the Trustees of the California State University, or the Regents of the University of California collect demographic data as to the ancestry or ethnic origin of students for a report that includes student admission, enrollment, completion, or graduation rates, the entity shall use separate collection categories and tabulations in accordance with the following: -(1) No later than 18 months after a decennial United States Census is released to the public, each entity shall use the collection and tabulation categories for Asian, Native Hawaiian, and Pacific Islander groups as they are reported by the United States Census Bureau. -(2) The categories used by each entity for Asian, Native American, and Pacific Islander groups, to the extent not already required pursuant to paragraph (1), shall also include the following: -(A) Additional major Asian groups, including, but not limited to, Bangladeshi, Cambodian, Hmong, Indonesian, Laotian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai. -(B) Additional major Native Hawaiian and Pacific Islander groups, including, but not limited to, Fijian and Tongan. -(3) Until the release of the next decennial United States Census following the enactment of this section, each entity shall use the collection and tabulation categories for Asian, Native Hawaiian, and Pacific Islander groups that the entity used as of January 1, 2015. -(4) Each entity shall comply with the Family Educational Rights and Privacy Act and shall observe criteria for ensuring statistical significance of data collected and published. -(b) Each entity shall make the demographic data specified in subdivision (a) publicly available, except for personal identifying information, which shall be deemed confidential, by posting the data on the applicable entity’s Internet Web site by July 1, 2016, and shall update the data annually thereafter. This subdivision shall not be construed to prevent any other state agency from posting data collected as specified in subdivision (a) on the state agency’s Internet Web site, in a manner prescribed by this section or Section 8310.5 or 8310.7 of the Government Code. -(c) As used in this section, “entity” means the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California. -(d) This section shall not apply to demographic data of graduate or professional schools of the University of California. -(e) This section shall apply to the University of California only if the Regents of the University of California, by resolution, make it applicable. -SEC. 2. -Section 8310.7 of the Government Code is amended to read: -8310.7. -(a) This section shall only apply to the following state agencies: -(1) The Department of Industrial Relations. -(2) The Department of Fair Employment and Housing. -(3) The Department of Managed Health Care, on or after July 1, 2016, whenever collecting demographic data as to the ancestry or ethnic origin of persons for a report that includes the type and amount of health care coverage, rates for major diseases, leading causes of death per demographic, subcategories for leading causes of death in California overall, pregnancy rates, or housing numbers. -(b) In addition to the duties imposed under Section 8310.5, the state agencies described in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, shall collect and tabulate data for the following: -(1) Additional major Asian groups, including, but not limited to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai. -(2) Additional major Native Hawaiian and other Pacific Islander groups, including, but not limited to, Fijian and Tongan. -(c) The state agencies identified in subdivision (a) shall make any data collected pursuant to subdivision (b) publicly available, except for personal identifying information, which shall be deemed confidential, by posting the data on the Internet Web site of the agency on or before July 1, 2012, and annually thereafter. This subdivision shall not be construed to prevent any other state agency from posting data collected pursuant to subdivision (b) on the agency’s Internet Web site, in the manner prescribed by this section. -(d) The state agencies identified in subdivision (a) shall, within 18 months after a decennial United States Census is released to the public, update their data collection to reflect the additional Asian groups and additional Native Hawaiian and Pacific Islander groups as they are reported by the United States Census Bureau. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the State, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires any state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for specified Asian groups and Pacific Islander groups, and requires a state agency, board, or commission to include data on specified collection categories and tabulations in every demographic report on ancestry or ethnic origins of California residents that it publishes or releases. Existing law requires specified agencies to use additional separate collection categories and other tabulations for major Asian groups and Native Hawaiian and other Pacific Islander groups, and also requires those agencies to take additional actions, including, among other things, posting, and annually updating, the demographic data collected on their Internet Web sites, and updating the reporting categories to reflect these Asian and Pacific Islander groups as they are reported for the 2020 decennial census. -This bill would require the updating of the reporting categories for future decennial censuses. The bill would require, on or after July 1, 2016, the Department of Managed Health Care to use the additional separate collection categories and other tabulations for specified Asian groups and Pacific Islander groups, and to take additional actions as specified above, under certain circumstances. -This bill would, on and after July 1, 2016, require the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California, whenever those entities collect demographic data as to the ancestry or ethnic origin of students for a report that includes student admission, enrollment, completion, or graduation rates, to use specified collection and tabulation categories for Asian, Native Hawaiian, and Pacific Islander groups, as specified. The bill would require each entity specified above to make this demographic data publicly available by posting the data on the applicable entity’s Internet Web site and would require the updating of the reporting categories for each decennial census. The bill would not apply these categorization requirements to demographic data of graduate and professional schools of the University of California. The bill would be applicable to the University of California only if the Regents of the University of California, by resolution, make it applicable. -To the extent the bill would impose additional requirements on community colleges, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the State, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 66027.1 to the Education Code, and to amend Section 8310.7 of the Government Code, relating to data collection." -446,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares that the purpose of this act is to address ongoing vote dilution and discrimination in voting as matters of statewide concern, in order to enforce the fundamental rights guaranteed to California voters under Section 7 of Article I and Section 2 of Article II of the California Constitution. Therefore, the provisions of this act shall be construed liberally in furtherance of this legislative intent to eliminate minority vote dilution. It is the further intent of the Legislature that any remedy implemented under this act shall comply with the 14th Amendment to the United States Constitution. The Legislature also finds and declares that this act is consistent with the decision of the Court of Appeal in Sanchez v. City of Modesto (2006) 145 Cal.App.4th 660. -SEC. 2. -The heading of Article 1 (commencing with Section 14025) is added to Chapter 1.5 of Division 14 of the Elections Code, to read: -Article 1. General Provisions -SEC. 3. -The heading of Article 2 (commencing with Section 14027) is added to Chapter 1.5 of Division 14 of the Elections Code, to read: -Article 2. At-Large Elections -SEC. 4. -Article 3 (commencing with Section 14040) is added to Chapter 1.5 of Division 14 of the Elections Code, to read: -Article 3. District-Based Elections -14040. -District-based elections shall not be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice as a result of the dilution or the abridgment of the rights of voters who are members of a protected class. -14041. -(a) A violation of Section 14040 is established if it is shown that racially polarized voting occurs in elections for members of the governing body of the political subdivision or in elections incorporating other electoral choices by the voters of the political subdivision. Elections conducted prior to the filing of an action pursuant to Section 14040 and this section are more probative to establish the existence of racially polarized voting than elections conducted after the filing of the action. -(b) The occurrence of racially polarized voting shall be determined from examining results of elections in which at least one candidate is a member of a protected class or elections involving ballot measures, or other electoral choices that affect the rights and privileges of members of a protected class. One circumstance that may be considered in determining a violation of Section 14040 and this section is the extent to which candidates who are members of a protected class and who are preferred by voters of the protected class, as determined by an analysis of voting behavior, have been elected to the governing body of a political subdivision that is the subject of an action based on Section 14040 and this section. -(c) The fact that members of a protected class are not geographically compact or concentrated does not preclude a finding of racially polarized voting, or a violation of Section 14040 and this section, but may be a factor in determining an appropriate remedy. -(d) Proof of an intent on the part of the voters or elected officials to discriminate against a protected class is not required. -(e) Other factors such as the history of discrimination, the use of electoral devices or other voting practices or procedures that may enhance the dilutive effects of the election system, denial of access to those processes determining which groups of candidates will receive financial or other support in a given election, the extent to which members of a protected class bear the effects of past discrimination in areas such as education, employment, and health, which hinder their ability to participate effectively in the political process, and the use of overt or subtle racial appeals in political campaigns are probative, but not necessary factors, to establish a violation of Section 14040 and this section. -(f) (1) Except as provided in paragraph (2), the fact that a district-based election was imposed on the political subdivision as a result of an action filed pursuant to Article 2 shall not be a defense to an action alleging a violation of this article. -(2) (A) If a court orders a political subdivision to adopt, and subsequently approves, a district-based election system as a result of an action filed pursuant to Article 2, there shall be a rebuttable presumption in any subsequent action filed pursuant to this article that the district-based election system of that political subdivision does not violate this article. The presumption shall apply only to the exact district-based election system that was approved by the court and shall not apply if the boundaries of the districts of the political subdivision are subsequently adjusted for any reason. -(B) This paragraph shall apply only to a district-based election system that is approved by a court on or after January 1, 2016. -14042. -(a) Upon a finding of a violation of Sections 14040 and 14041, the court shall implement an effective district-based elections system that provides the protected class the opportunity to elect candidates of its choice from single-member districts. -(b) If additional effective districts under subdivision (a) are not possible without increasing the size of the governing body, or will not alone provide an appropriate remedy, the court may order additional remedies, including any of the following: -(1) Incrementally increasing the size of the governing body upon approval of voters in the jurisdiction. -(2) Approving a single-member district-based election system that provides the protected class the opportunity to join in a coalition of two or more protected classes to elect candidates of their choice if there is demonstrated political cohesion among the protected classes. -(3) Requiring elections of the governing body to be held on the same day as a statewide election, as provided in Section 1001, taking into account in any such remedial determination the capacity of the county to consolidate the election date with statewide elections. -(4) Issuing an injunction to delay an election. -14043. -In any action to enforce Sections 14040 and 14041, the court shall allow the prevailing plaintiff party, other than the state or political subdivision thereof, a reasonable attorney’s fee consistent with the standards established in Serrano v. Priest (1977) 20 Cal.3d 25, 48-49, and litigation expenses including, but not limited to, expert witness fees and expenses as part of the costs. Prevailing defendant parties shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. -14044. -Any voter who is a member of a protected class and who resides in a political subdivision where a violation of Sections 14040 and 14041 is alleged may file an action pursuant to those sections in the superior court of the county in which the political subdivision is located. -14045. -If any provision of this article or its application to any person or circumstance is held invalid, Articles 1, 2 and the remainder of this article, or the application of the provision to other persons or circumstances, shall not be affected.","Existing law, the California Voting Rights Act of 2001 (CVRA), prohibits the use of an at-large election in a political subdivision if it would impair the ability of a protected class, as defined, to elect candidates of its choice or otherwise influence the outcome of an election. The CVRA provides that a voter who is a member of a protected class may bring an action in superior court to enforce the provisions of the CVRA, and, if the voter prevails in the case, he or she may be awarded reasonable litigation costs and attorney’s fees. The CVRA requires a court to implement appropriate remedies, including the imposition of district-based elections, that are tailored to remedy a violation of the act. -This bill would prohibit the use of a district-based election in a political subdivision if it would impair the ability of a protected class, as defined, to elect candidates of its choice. The bill would require a court to implement specified remedies upon a finding that a district-based election was imposed or applied in a manner that impaired the ability of a protected class to elect candidates of its choice.","An act to add the heading of Article 1 (commencing with Section 14025) and the heading of Article 2 (commencing with Section 14027) to, and to add Article 3 (commencing with Section 14040) to, Chapter 1.5 of Division 14 of the Elections Code, relating to elections." -447,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 5350.2 of the Welfare and Institutions Code is amended to read: -5350.2. -Reasonable attempts shall be made by the county mental health program to notify family members, or any other person designated to receive notice by the person for whom conservatorship is sought, of the time and place of the conservatorship hearing. The person for whom the conservatorship is sought shall be advised by the facility treating the person, or by the court in a proceeding under the Probate Code if the conservatorship investigation order was made pursuant to subdivision (c) of Section 5352, that he or she may request that information about the time and place of the conservatorship hearing not be given to family members if the proposed conservator is not a family member. The request shall be honored by the mental health program. Neither this section nor Section 5350 shall be interpreted to allow the proposed conservatee to request that any proposed conservator not be advised of the time and place of the conservatorship hearing. -SEC. 2. -Section 5352 of the Welfare and Institutions Code is amended to read: -5352. -(a) If the professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment determines that a person in his or her care is gravely disabled as a result of mental disorder or impairment by chronic alcoholism and is unwilling to accept, or incapable of accepting, treatment voluntarily, he or she may recommend conservatorship of the person to the officer providing conservatorship investigation of the person’s county of residence before admitting the person as a patient in the facility. -(b) The professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment may recommend conservatorship for a person without the person being an inpatient in the facility if both of the following conditions are met: -(1) The professional person or another professional person designated by him or her has examined and evaluated the person and determined that the person is gravely disabled. -(2) The professional person or another professional person designated by him or her has determined that future examination on an inpatient basis is not necessary for a determination that the person is gravely disabled. -(c) (1) If a conservatorship has already been established under the Probate Code, the court, in a proceeding under the Probate Code, after an evidentiary hearing attended by the conservatee, unless the conservatee waives presence, and the conservatee’s counsel, may order an investigation from the officer providing conservatorship investigation of the person’s county of residence if the court, in a proceeding under the Probate Code, in consultation with a licensed physician or licensed psychologist satisfying the conditions of subdivision (c) of Section 2032.020 of the Code of Civil Procedure providing comprehensive evaluation or intensive treatment, determines based on evidence presented to the court, including medical evidence, that the conservatee may be gravely disabled as a result of a mental disorder or impairment by chronic alcoholism and is unwilling to accept or is incapable of accepting treatment voluntarily. If the conservatee cannot afford counsel, the court, in a proceeding under the Probate Code, shall appoint counsel for him or her. -(2) The officer providing conservatorship investigation shall file a copy of his or her report with the court making the conservatorship investigation order in a proceeding under the Probate Code. -(d) If the officer providing conservatorship investigation concurs with the recommendation of the professional person, pursuant to subdivision (a) or (b), or the conservatorship investigation order of the court, pursuant to subdivision (c), he or she shall petition the superior court in the patient’s county of residence to establish conservatorship. -(e) If temporary conservatorship is indicated, that fact shall be alternatively pleaded in the petition. The officer providing conservatorship investigation or other county officer or employee designated by the county shall act as the temporary conservator. -SEC. 3. -Section 5354 of the Welfare and Institutions Code is amended to read: -5354. -(a) The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship and shall recommend conservatorship to the court only if no suitable alternatives are available. This officer shall render to the court a written report of investigation before the hearing. The report to the court shall be comprehensive and shall contain all relevant aspects of the person’s medical, psychological, financial, family, vocational, and social condition, and information obtained from the person’s family members, close friends, social worker, or principal therapist. The report shall also contain all available information concerning the person’s real and personal property. The facilities providing intensive treatment or comprehensive evaluation shall disclose any records or information that may facilitate the investigation. If the conservatorship investigation order was made pursuant to subdivision (c) of Section 5352, the conservator in a proceeding under the Probate Code shall disclose any records or information that may facilitate the investigation. If the officer providing conservatorship investigation recommends against conservatorship, he or she shall set forth all alternatives available. A copy of the report shall be transmitted to the individual who originally recommended conservatorship, or, in a proceeding under the Probate Code, to the court that originally made a conservatorship investigation order, to the person or agency, if any, recommended to serve as conservator, and to the person recommended for conservatorship. The court may receive the report in evidence and may read and consider the contents thereof in rendering its judgment. -(b) Notwithstanding Section 5328, when a court with jurisdiction over a person in a criminal case orders an evaluation of the person’s mental condition pursuant to Section 5200, and that evaluation leads to a conservatorship investigation, the officer providing the conservatorship investigation shall serve a copy of the report required under subdivision (a) upon the defendant or the defendant’s counsel. Upon the prior written request of the defendant or the defendant’s counsel, the officer providing the conservatorship investigation shall also submit a copy of the report to the court hearing the criminal case, the district attorney, and the county probation department. The conservatorship investigation report and the information contained in that report, shall be kept confidential and shall not be further disclosed to anyone without the prior written consent of the defendant. After disposition of the criminal case, the court shall place all copies of the report in a sealed file, except as follows: -(1) The defendant and the defendant’s counsel may retain their copy. -(2) If the defendant is placed on probation status, the county probation department may retain a copy of the report for the purpose of supervision of the defendant until the probation is terminated, at which time the probation department shall return its copy of the report to the court for placement into the sealed file. -SEC. 4. -Section 5360 of the Welfare and Institutions Code is amended to read: -5360. -(a) The officer providing conservatorship investigation shall recommend, in his or her report to the court, for or against imposition of a disability set forth in Section 5357 on the basis of the determination of the professional person who recommended conservatorship pursuant to subdivision (a) or (b) of Section 5352, or the determination of the physician or psychologist who presented medical evidence to the court pursuant to subdivision (c) of Section 5352. -(b) The officer providing conservatorship investigation shall recommend in his or her report any of the additional powers of a conservator set forth in Section 2591 of the Probate Code if the needs of the individual patient or his estate require such powers. In making this determination, the officer providing conservatorship investigation shall consult with the professional person who recommended conservatorship pursuant to subdivision (a) or (b) of Section 5352, or the physician or psychologist who presented medical evidence to the court pursuant to subdivision (c) of Section 5352. -SEC. 5. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides a procedure for the appointment of a conservator for a person who is determined to be gravely disabled as a result of a mental disorder or an impairment by chronic alcoholism, and requires an officer, including a county public guardian or a county mental health program, to conduct a conservatorship investigation and render a written report to the court of his or her investigation. Under existing law, a professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment for a gravely disabled person may recommend a conservatorship for that person, and the agency is required to disclose any records or information that may facilitate an investigation. Existing law requires the officer providing conservatorship investigation, when he or she concurs with the recommendation of the professional person or facility, to petition the superior court in the patient’s county of residence for a conservatorship. Existing law also provides for the establishment of a conservatorship for a person who is unable to properly provide for his or her personal needs or is substantially unable to manage his or her finances. -This bill would authorize the court, if a conservatorship has already been established under the Probate Code, and after a hearing attended by the conservatee, unless he or she waives presence, and the conservatee’s counsel, to order an investigation from the officer providing conservatorship investigation if the court, in consultation with a licensed physician or psychologist, as specified, providing comprehensive evaluation or intensive treatment, determines, in a specified proceeding, that the conservatee may be gravely disabled as a result of a mental disorder or impairment by chronic alcoholism and is unwilling to accept, or is incapable of accepting, treatment voluntarily. The bill would also require the court to appoint counsel to a conservatee if he or she cannot afford counsel. The bill would require the officer providing conservatorship investigation to petition the superior court in the patient’s county of residence to establish conservatorship if he or she concurs with the conservatorship investigation order of the court, and to file a copy of his or her report with the court. The bill would require a conservator to disclose any records or information that may facilitate the investigation. The bill would also make conforming changes. -By expanding the duties of the county officer providing conservatorship investigation, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 5350.2, 5352, 5354, and 5360 of the Welfare and Institutions Code, relating to conservatorships." -448,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The development, improvement, expansion, and maintenance of an efficient, safe, and well-maintained system of roads, highways, and other transportation facilities is essential to the economic well-being and high quality of life of the people of this state. -(b) High-occupancy toll lanes, express lanes, and toll roads provide an opportunity to more effectively manage state highways in order to increase passenger throughput and to reduce delays for freight shipments and travelers, especially those traveling by carpool, vanpool, or bus. -(c) Highway tolling should be employed for the purpose of optimizing the performance of the transportation system on a transportation corridor and should not be employed strictly as a revenue generating facility. -SEC. 2. -Section 149.7 of the Streets and Highways Code is amended to read: -149.7. -(a) Notwithstanding Sections 149 and 30800, a regional transportation agency, as defined in subdivision (k), or the department may apply to the commission to develop and operate high-occupancy toll lanes or other toll facilities, including the administration and operation of a value pricing program and exclusive or preferential lane facilities for public transit or freight. -(b) Each application for the development and operation of the toll facilities described in subdivision (a) shall be subject to review and approval by the commission pursuant to eligibility criteria set forth in guidelines established by the commission. Prior to approving an application, the commission shall conduct at least one public hearing at or near the proposed toll facility for the purpose of receiving public comment. Upon approval of an application, the regional transportation agency or the department may develop and operate the toll facility proposed in the application. -(c) The eligibility criteria set forth in the guidelines established by the commission pursuant to subdivision (b) shall include, at a minimum, all of the following: -(1) A demonstration that the proposed toll facility will improve the corridor’s performance by, for example, increasing passenger throughput or reducing delays for freight shipments and travelers, especially those traveling by carpool, vanpool, and transit. -(2) A requirement that the proposed toll facility is contained in the constrained portion of a conforming regional transportation plan prepared pursuant to Section 65080 of the Government Code. -(3) Evidence of cooperation between the applicable regional transportation agency and the department. -(4) A discussion of how the proposed toll facility meets the requirements of this section. -(5) A requirement that a project initiation document has been completed for the proposed toll facility. -(6) A demonstration that a complete funding plan has been prepared. -(d) A regional transportation agency that applies to the commission to develop and operate toll facilities pursuant to this section shall reimburse the commission for all of the commission’s costs and expenses incurred in processing the application. -(e) Toll facilities approved by the commission on or after January 1, 2016, pursuant to this section, shall be subject to the following minimum requirements: -(1) A regional transportation agency sponsoring a toll facility shall enter into an agreement with the Department of the California Highway Patrol that addresses all law enforcement matters related to the toll facility and an agreement with the department that addresses all matters related to design, construction, maintenance, and operation of the toll facility, including, but not limited to, liability, financing, repair, rehabilitation, and reconstruction. -(2) A regional transportation agency sponsoring a toll facility shall be responsible for reimbursing the department and the Department of the California Highway Patrol for their costs related to the toll facility pursuant to an agreement between the agency and the department and an agreement between the agency and the Department of the California Highway Patrol. -(3) The sponsoring agency shall be responsible for establishing, collecting, and administering tolls, and may include discounts and premiums for the use of the toll facility. -(4) The revenue generated from the operation of the toll facility shall be available to the sponsoring agency for the direct expenses related to the following: -(A) Debt issued to construct, repair, rehabilitate, or reconstruct any portion of the toll facility, payment of debt service, and satisfaction of other covenants and obligations related to indebtedness of the toll facility. -(B) The development, maintenance, repair, rehabilitation, improvement, reconstruction, administration, and operation of the toll facility, including toll collection and enforcement. -(C) Reserves for the purposes specified in subparagraphs (A) and (B). -(5) All remaining revenue generated by the toll facility shall be used in the corridor from which the revenue was generated pursuant to an expenditure plan developed by the sponsoring agency, as follows: -(A) (i) For a toll facility sponsored by a regional transportation agency, the regional transportation agency shall develop the expenditure plan in consultation with the department. -(ii) For a toll facility sponsored by the department, the department shall develop the expenditure plan in consultation with the applicable regional transportation agency. -(B) (i) For a toll facility sponsored by a regional transportation agency, the governing board of the regional transportation agency shall review and approve the expenditure plan and any updates. -(ii) For a toll facility sponsored by the department, the commission shall review and approve the expenditure plan and any updates. -(6) The sponsoring agency’s administrative expenses related to operation of a toll facility shall not exceed 3 percent of the toll revenues. -(f) For any project under this section involving the conversion of an existing high-occupancy vehicle lane to a high-occupancy toll lane, the sponsoring agency shall demonstrate that the project will, at a minimum, result in expanded efficiency of the corridor in terms of travel time reliability, passenger throughput, or other efficiency benefit. -(g) This section shall not prevent the construction of facilities that compete with a toll facility approved by the commission pursuant to this section, and the sponsoring agency shall not be entitled to compensation for the adverse effects on toll revenue due to those competing facilities. -(h) A sponsoring agency that develops or operates a toll facility pursuant to this section shall provide any information or data requested by the commission or the Legislative Analyst. The commission, in cooperation with the Legislative Analyst, shall annually prepare a summary report on the progress of the development and operation of any toll facilities authorized pursuant to this section. The commission may submit this report as a section in its annual report to the Legislature required pursuant to Section 14535 of the Government Code. -(i) (1) A regional transportation agency may issue bonds, refunding bonds, or bond anticipation notes, at any time, to finance construction of, and construction-related expenditures for, a toll facility approved pursuant to this section, and construction and construction-related expenditures that are included in the expenditure plan adopted pursuant to paragraph (5) of subdivision (e), payable from the revenues generated from the toll facility. The bonds, refunding bonds, and bond anticipation notes shall bear such interest rates and other features and terms as the regional transportation agency shall approve and may be sold by the regional transportation agency at public or private sale. -(2) A bond, refunding bond, or bond anticipation note issued pursuant to this subdivision shall contain on its face a statement to the following effect: - - -“Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal of, or the interest on, this instrument.” - - -(3) Bonds, refunding bonds, and bond anticipation notes issued pursuant to this subdivision are legal investments for all trust funds, the funds of all insurance companies, banks, trust companies, executors, administrators, trustees, and other fiduciaries. -(4) Interest earned on any bonds, refunding bonds, and bond anticipation notes issued pursuant to this subdivision shall at all times be free from state personal income tax and corporate income tax. -(5) (A) For a toll facility operated by the department, the California Infrastructure and Economic Development Bank or the Treasurer may issue bonds, refunding bonds, or bond anticipation notes, at any time, to finance development, construction, or reconstruction of, and construction-related expenditures for, a toll facility approved pursuant to this section and construction and construction-related expenditures that are included in the expenditure plan adopted pursuant to paragraph (5) of subdivision (e), payable solely from the toll revenue and ancillary revenues generated from the toll facility. -(B) This subdivision shall be deemed to provide all necessary state law authority for purposes of Section 63024.5 of the Government Code. -(j) (1) Before submitting an application pursuant to subdivision (a), a regional transportation agency shall consult with every local transportation authority designated pursuant to Division 12.5 (commencing with Section 131000) or Division 19 (commencing with Section 180000) of the Public Utilities Code and every congestion management agency whose jurisdiction includes the toll facility that the regional transportation agency proposes to develop and operate. -(2) A regional transportation agency shall give a local transportation authority or congestion management agency described in paragraph (1) the option to enter into agreements, as needed, for project development, engineering, financial studies, and environmental documentation for each construction project or segment that is part of the toll facility. The local transportation authority or congestion management agency may be the lead agency for these construction projects or segments. -(k) Notwithstanding Section 143, for purposes of this section, “regional transportation agency” means any of the following: -(1) A transportation planning agency described in Section 29532 or 29532.1 of the Government Code. -(2) A county transportation commission established under Section 130050, 130050.1, or 130050.2 of the Public Utilities Code. -(3) Any other local or regional transportation entity that is designated by statute as a regional transportation agency. -(4) A joint exercise of powers authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, with the consent of a transportation planning agency or a county transportation commission for the jurisdiction in which the transportation project will be developed. -(5) The Santa Clara Valley Transportation Authority established pursuant to Part 12 (commencing with Section 100000) of Division 10 of the Public Utilities Code. -(l) A regional transportation agency or the department may require any vehicle accessing a toll facility authorized under this section to have an electronic toll collection transponder or other electronic device for enforcement or tolling purposes. -(m) Nothing in this section shall authorize or prohibit the conversion of any existing nontoll or nonuser-fee lanes into tolled or user-fee lanes, except that a high-occupancy vehicle lane may be converted into a high-occupancy toll lane. -(n) Nothing in this section shall apply to, modify, limit, or otherwise restrict the authority of any joint powers authority described in Section 66484.3 of the Government Code to establish or collect tolls or otherwise operate any toll facility or modify or expand a toll facility. -SEC. 3. -Section 149.12 is added to the Streets and Highways Code, to read: -149.12. -The Highway Toll Account is hereby created in the State Transportation Fund for the management of funds received by the department for toll facilities authorized pursuant to Section 149.7 and operated by the department. Notwithstanding Section 13340 of the Government Code, moneys in the Highway Toll Account designated and necessary for the payment of any debt service associated with a toll facility project shall be continuously appropriated, without regard to fiscal year, to the department for the purposes described in subparagraph (A) of paragraph (4) of subdivision (e) of Section 149.7. All other moneys deposited in the Highway Toll Account that are derived from premium and accrued interest on bonds sold pursuant to Section 149.7 shall be reserved in the account and shall be available for expenditure, upon appropriation by the Legislature, as specified in subdivision (e) of Section 149.7. Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond issuance shall be paid out of the bond proceeds, including premium, if any. -SEC. 4. -This act shall become operative only if Assembly Bill 914 of the 2015–16 Regular Session is enacted and takes effect on or before January 1, 2016.","Existing law provides that the Department of Transportation has full possession and control of the state highway system. Existing law authorizes the department to construct exclusive or preferential lanes for buses only or for buses and other high-occupancy vehicles. -Existing law authorizes a regional transportation agency, as defined, in cooperation with the department to apply to the California Transportation Commission to develop and operate high-occupancy toll (HOT) lanes, including administration and operation of a value-pricing program and exclusive or preferential lane facilities for public transit, consistent with established standards, requirements, and limitations that apply to specified facilities. Existing law requires the commission to conduct at least one public hearing in northern California and one in southern California for each eligible application submitted by the regional transportation agency. Existing law limits the number of approved facilities to not more than 4, 2 in northern California and 2 in southern California, and provides that no applications may be approved on or after January 1, 2012. -This bill would authorize a regional transportation agency or the department to apply to the commission to develop and operate HOT lanes or other toll facilities, as specified, and would delete the January 1, 2012, deadline for HOT lane applications and remove the existing limitation on the number of facilities that may be approved. The bill would include the Santa Clara Valley Transportation Authority within the definition of regional transportation authority for these purposes. The bill would delete the requirement that the facilities be consistent with the established standards, requirements, and limitations that apply to specified facilities and would instead require the commission to establish eligibility criteria set forth in guidelines for the development and operation of the facilities and provide for the review and approval by the commission of each proposed toll facility pursuant to those eligibility criteria. The bill would require toll facilities approved by the commission on or after January 1, 2016, to be subject to specified minimum requirements, including those relating to toll facility revenues. The bill would authorize a regional transportation agency or the state, as applicable, to issue bonds, refunding bonds, or bond anticipation notes backed by revenues generated from the facilities. The bill would delete the requirement that the commission conduct at least one public hearing in northern California and one in southern California for each eligible application and would instead require the commission to conduct at least one public hearing at or near the proposed toll facility. The bill would require a regional transportation agency that applies to the commission to reimburse the commission for all of the commission’s costs and expenses incurred in processing the application and to enter into specified agreements with the department and the Department of the California Highway Patrol. Before submitting an application to the commission, the bill would require a regional transportation agency to consult with every local transportation authority and every congestion management agency whose jurisdiction includes the facility that the regional transportation agency proposes to develop and operate pursuant to the above-described provisions. The bill would require the regional transportation agency to give a local transportation authority or congestion management agency, as specified, the option of entering into agreements, as needed, for project development, engineering, financial studies, and environmental documentation for each construction project or segment, and would authorize the local transportation authority or congestion management agency to be the lead agency for those construction projects or segments. The bill would provide that these provisions do not authorize or prohibit the conversion of any existing nontoll or nonuser-fee lanes into tolled or user-fee lanes, except that a high-occupancy vehicle lane may be converted into a HOT lane pursuant to its provisions. -This bill would create the Highway Toll Account in the State Transportation Fund for the management of funds received by the Department of Transportation for toll facilities operated by the department under the bill. The bill would continuously appropriate to the department the portion of revenues designated and necessary for the payment of debt service for those facilities. -This bill would become operative only if AB 914 is enacted and takes effect on or before January 1, 2016.","An act to amend Section 149.7 of, and to add Section 149.12 to, the Streets and Highways Code, relating to transportation, and making an appropriation therefor." -449,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) authorizes the State Air Resources Board to adopt regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. -(b) The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) requires the State Air Resources Board to reduce statewide emissions of greenhouse gases to at least the 1990 emissions level by 2020 and to maintain and continue reductions thereafter. -(c) Continuing to reduce greenhouse gas emissions is critical for the protection of all areas of the state, but especially for the state’s most disadvantaged communities, as those communities are affected first, and most frequently, by adverse impacts of climate change, including increased frequency of extreme weather events such as drought, heat, and flooding. The state’s most disadvantaged communities are also disproportionately impacted by the deleterious effects of climate change on public health. -(d) The State Air Resources Board’s actions to reduce greenhouse gas emissions must be done in a manner that is transparent and accountable to the public and the Legislature. To this end, the State Air Resources Board must enhance the accessibility of information used to inform and evaluate regulatory measures developed to reduce greenhouse gas emissions. -(e) Transparency and accountability also are essential to ensuring the state’s actions are done in an equitable fashion that is protective and mindful of the effects on the state’s most disadvantaged communities. -(f) In recognition of the need for ongoing, permanent oversight over the implementation of the state’s climate policies, the Joint Legislative Committee on Climate Change Policies will be established. The committee will uniquely provide an oversight perspective that connects the jurisdictions of several legislative standing committees, including those that have the issues of air quality, transportation, energy, and local government within their jurisdiction, which is critical given that the state has integrated climate change policies throughout the activities of many state agencies in addition to the State Air Resources Board. -SEC. 2. -Article 7.6 (commencing with Section 9147.10) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read: -Article 7.6. Joint Legislative Committee on Climate Change Policies -9147.10. -(a) The Joint Legislative Committee on Climate Change Policies is hereby created. The committee shall ascertain facts and make recommendations to the Legislature concerning the state’s programs, policies, and investments related to climate change. Those recommendations shall be shared with other appropriate legislative standing committees, including the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review. -(b) The joint committee shall consist of at least three Members of the Senate and at least three Members of the Assembly who shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The membership shall reflect the perspectives of multiple standing committees. -(c) The chair of the State Air Resources Board shall annually appear before the joint committee to present the state board’s annual informational report on the reported emissions of greenhouse gases, criteria pollutants, and toxic air contaminants from all sectors covered by the scoping plan, as required pursuant to subdivision (b) of Section 38531 of the Health and Safety Code. This presentation may be done at a hearing that is held jointly with the relevant Assembly and Senate standing committees. -(d) In recognition of the technical complexity involved in reviewing the state’s climate policies, the joint committee may establish a panel of experts to provide an independent analysis of the state’s policies to better inform the joint committee’s recommendations. -SEC. 3. -Section 38506 is added to the Health and Safety Code, to read: -38506. -For purposes of this division, “social costs” means an estimate of the economic damages, including, but not limited to, changes in net agricultural productivity; impacts to public health; climate adaptation impacts, such as property damages from increased flood risk; and changes in energy system costs, per metric ton of greenhouse gas emission per year. -SEC. 4. -Section 38531 is added to the Health and Safety Code, to read: -38531. -(a) (1) The state board shall make available, and update at least annually, on its Internet Web site the emissions of greenhouse gases and criteria pollutants for each facility that reports to the state board pursuant to Section 38530. The data shall be displayed in a manner that illustrates the changes in emissions levels over time. -(2) No later than January 1, 2018, the state board shall add toxic air contaminant emissions to the information made available pursuant to paragraph (1). -(3) The criteria pollutant and toxic air contaminant emissions data for stationary sources shall be based on data provided to the state board by air pollution control and air quality management districts collected pursuant to Section 39607 and Chapter 3 (commencing with Section 44340) of Part 6 of Division 26. -(b) At least once a year at a hearing of the Joint Legislative Committee on Climate Change Policies, the state board shall present an informational report on the reported emissions of greenhouse gases, criteria pollutants, and toxic air contaminants from all sectors covered by the scoping plan prepared pursuant to Section 38561. The report shall evaluate emission trends and include a discussion of the regulatory requirements, initiatives, and other programs that may influence those trends. The report also may include recommendations from the state board for legislative action and consideration. -SEC. 5. -Section 38562.5 is added to the Health and Safety Code, to read: -38562.5. -When adopting rules and regulations pursuant to this division to achieve emissions reductions beyond the statewide greenhouse gas emissions limit and to protect the state’s most impacted and disadvantaged communities, the state board shall follow the requirements in subdivision (b) of Section 38562, consider the social costs of the emissions of greenhouse gases, and prioritize both of the following: -(a) Emission reduction rules and regulations that result in direct emission reductions at large stationary sources of greenhouse gas emissions sources and direct emission reductions from mobile sources. -(b) Emission reduction rules and regulations that result in direct emission reductions from sources other than those specified in subdivision (a). -SEC. 6. -Section 38562.7 is added to the Health and Safety Code, to read: -38562.7. -Each scoping plan update developed pursuant to Section 38561 shall identify for each emissions reduction measure, including each alternative compliance mechanism, market-based compliance mechanism, and potential monetary and nonmonetary incentive the following information: -(a) The range of projected greenhouse gas emissions reductions that result from the measure. -(b) The range of projected air pollution reductions that result from the measure. -(c) The cost-effectiveness, including avoided social costs, of the measure. -SEC. 7. -Section 39510 of the Health and Safety Code is amended to read: -39510. -(a) The State Air Resources Board is continued in existence in the California Environmental Protection Agency. The state board shall consist of 14 voting members. -(b) Twelve members shall be appointed by the Governor, with the consent of the Senate, on the basis of their demonstrated interest and proven ability in the field of air pollution control and their understanding of the needs of the general public in connection with air pollution problems. -(c) Of the members appointed pursuant to subdivision (b), six members shall have the following qualifications: -(1) One member shall have training and experience in automotive engineering or closely related fields. -(2) One member shall have training and experience in chemistry, meteorology, or related scientific fields, including agriculture or law. -(3) One member shall be a physician and surgeon or an authority on health effects of air pollution. -(4) Two members shall be public members. -(5) One member shall have the qualifications specified in paragraph (1), (2), or (3) or shall have experience in the field of air pollution control. -(d) Of the members appointed pursuant to subdivision (b), six members shall be board members from districts who shall reflect the qualitative requirements of subdivision (c) to the extent practicable. Of these members: -(1) One shall be a board member from the south coast district. -(2) One shall be a board member from the bay district. -(3) One shall be a board member from the San Joaquin Valley Unified Air Pollution Control District. -(4) One shall be a board member from the San Diego County Air Pollution Control District. -(5) One shall be a board member from the Sacramento district, the Placer County Air Pollution Control District, the Yolo-Solano Air Quality Management District, the Feather River Air Quality Management District, or the El Dorado County Air Pollution Control District. -(6) One shall be a board member of any other district. -(e) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one member to the state board who shall be a person who works directly with communities in the state that are most significantly burdened by, and vulnerable to, high levels of pollution, including, but not limited to, communities with diverse racial and ethnic populations and communities with low-income populations. -(f) Any vacancy shall be filled by the appointing authority within 30 days of the date on which it occurs. If the Governor fails to make an appointment for any vacancy within the 30-day period, the Senate Committee on Rules may make the appointment to fill the vacancy in accordance with this section. -(g) While serving on the state board, all members shall exercise their independent judgment as officers of the state on behalf of the interests of the entire state in furthering the purposes of this division. A member of the state board shall not be precluded from voting or otherwise acting upon any matter solely because that member has voted or acted upon the matter in his or her capacity as a member of a district board, except that a member of the state board who is also a member of a district board shall not participate in any action regarding his or her district taken by the state board pursuant to Sections 41503 to 41505, inclusive. -(h) (1) Except for initial staggered terms that shall be established by the state board, the term of office for the voting members shall be six years. Upon expiration of the term of office of a voting member, the appointing authority may reappoint that member to a new term of office, subject to the requirement of subdivision (b), if applicable. -(2) Notwithstanding paragraph (1), a person who is a member of the state board pursuant to subdivision (d) shall not continue as a member if he or she ceases to hold the membership that qualifies that person to be appointed as a member of the state board. The membership on the state board held by that person shall terminate immediately upon ceasing to hold that qualifying membership. -(i) In addition to subdivision (a), two Members of the Legislature shall serve as ex officio, nonvoting members of the state board. One member shall be appointed by the Senate Committee on Rules. One member shall be appointed by the Speaker of the Assembly. -SEC. 8. -Section 39607 of the Health and Safety Code is amended to read: -39607. -The state board shall: -(a) Establish a program to secure data on air quality in each air basin established by the state board. -(b) (1) Inventory sources of air pollution within the air basins of the state and determine the kinds and quantity of air pollutants, including, but not limited to, the contribution of natural sources, mobile sources, and area sources of emissions, including a separate identification of those sources not subject to district permit requirements, to the extent feasible and necessary to carry out the purposes of this chapter. The state board shall use, to the fullest extent, the data of local agencies and other state and federal agencies in fulfilling this purpose. -(2) Make available on the state board’s Internet Web site the emissions of greenhouse gases, criteria pollutants, and toxic air contaminants throughout the state broken down to a local and subcounty level for stationary sources and to at least a county level for mobile sources. The emissions reported shall include data on the emissions of criteria pollutants and toxic air contaminants emitted by stationary sources as provided to the state board by districts. The information shall be displayed graphically and updated at least once a year. -(c) Monitor air pollutants in cooperation with districts and with other agencies to fulfill the purpose of this division. -(d) Adopt test procedures to measure compliance with its nonvehicular emission standards and those of districts. -(e) Establish and periodically review criteria for designating an air basin attainment or nonattainment for any state ambient air quality standard set forth in Section 70200 of Title 17 of the California Code of Regulations. In developing and reviewing these criteria, the state board shall consider instances where there is poor or limited ambient air quality data, and shall consider highly irregular or infrequent violations. The state board shall provide an opportunity for public comment on the proposed criteria, and shall adopt the criteria after a public hearing. -(f) Evaluate, in consultation with the districts and other interested parties, air quality-related indicators that may be used to measure or estimate progress in the attainment of state standards and establish a list of approved indicators. On or before July 1, 1993, the state board shall identify one or more air quality indicators to be used by districts in assessing progress as required by subdivision (b) of Section 40924. The state board shall continue to evaluate the prospective application of air quality indicators and, upon a finding that adequate air quality modeling capability exists, shall identify one or more indicators that may be used by districts in lieu of the annual emission reductions mandated by subdivision (a) of Section 40914. In no case shall any indicator be less stringent or less protective, on the basis of overall health protection, than the annual emission reduction requirement in subdivision (a) of Section 40914. -(g) Establish, not later than July 1, 1996, a uniform methodology that may be used by districts in assessing population exposure, including, but not limited to, reduction in exposure of districtwide subpopulations, such as children, the elderly, and persons with respiratory disease, to ambient air pollutants at levels above the state ambient air quality standards, for estimating reductions in population exposure for the purposes of Sections 40913, 40924, and 41503, and for the establishment of the means by which reductions in population exposures may be achieved. The methodology adopted pursuant to this subdivision shall be consistent with the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), and with this division, including, but not limited to, Section 39610. -SEC. 9. -This act shall become operative only if Senate Bill 32 of the 2015–16 Regular Session is enacted and becomes effective on or before January 1, 2017.","(1) Existing law establishes the State Air Resources Board consisting of 14 members and vests the state board with regulatory jurisdiction over air quality issues. -This bill would add 2 Members of the Legislature to the state board as ex officio, nonvoting members. The bill would provide that the voting members of the state board are appointed for staggered 6-year terms and upon expiration of the term of office of a voting member, the appointing authority may reappoint that member to a new term of office, subject to specified requirements. The bill would require the state board to establish the initial staggered terms. The bill would create the Joint Legislative Committee on Climate Change Policies consisting of at least 3 Members of the Senate and at least 3 Members of the Assembly and would require the committee to ascertain facts and make recommendations to the Legislature and to the houses of the Legislature concerning the state’s programs, policies, and investments related to climate change, as specified. -(2) Existing law requires the state board to inventory sources of air pollution within the air basins of the state and determine the kinds and quantity of air pollutants. The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with the act. -This bill would require the state board to make available, and update at least annually, on its Internet Web site the emissions of greenhouse gases, criteria pollutants, and toxic air contaminants for each facility that reports to the state board and air districts. The bill would require the state board, at least once a year at a hearing of the Joint Legislative Committee on Climate Change Policies, to present an informational report on the reported emissions of greenhouse gases, criteria pollutants, and toxic air contaminants from all sectors covered by the scoping plan, as specified. -This bill would require the state board to make available, and update at least annually, on its Internet Web site the emissions of greenhouse gases, criteria pollutants, and toxic air contaminants throughout the state broken down to a local and subcounty level for stationary sources and to at least a county level for mobile sources, as specified. -(3) The act requires the board to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions. -This bill would require the state board, when adopting rules and regulations to achieve greenhouse gas emissions reductions beyond the statewide greenhouse gas emissions limit and to protect the state’s most impacted and disadvantaged communities, to follow specified requirements, consider the social costs of the emissions of greenhouse gases, and prioritize specified emission reduction rules and regulations. -This bill would require the state board, when updating the scoping plan, to identify specified information for each emissions reduction measure, including each alternative compliance mechanism, market-based compliance mechanism, and potential monetary and nonmonetary incentive. -(4) This bill would become operative only if SB 32 of the 2015–16 Regular Session is enacted and becomes effective on or before January 1, 2017.","An act to add Article 7.6 (commencing with Section 9147.10) to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, and to amend Sections 39510 and 39607 of, and to add Sections 38506, 38531, 38562.5, and 38562.7 to, the Health and Safety Code, relating to air resources." -450,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 69437 of the Education Code is amended to read: -69437. -(a) Commencing with the 2001–02 academic year, and each academic year thereafter, there shall be established the Competitive Cal Grant A and B award program for students who did not receive a Cal Grant A or B Entitlement award pursuant to Article 2 (commencing with Section 69434), Article 3 (commencing with Section 69435), or Article 4 (commencing with Section 69436). Awards made under this section are not entitlements. The submission of an application by a student under this section shall not entitle that student to an award. The selection of students under this article shall be determined pursuant to subdivision (c) and other relevant criteria established by the commission. -(b) Cal Grant A and B awards shall be granted annually under this article on a competitive basis for applicants who meet the general eligibility criteria established in Article 1 (commencing with Section 69430) and the priorities established by the commission pursuant to subdivision (c). The total number of awards granted annually under this article shall be -22,500 -50,000 -for -each of -the 2015–16 -and 2016–17 -academic -year, 45,000 for the 2016–17 academic year, 80,000 -years and 60,000 -for the 2017–18 academic -year, and 100,000 for the 2018–19 academic -year and each academic year thereafter. -(1) Fifty percent of the awards referenced in this subdivision are available to all students, including California community college students, who meet the financial need and academic requirements established pursuant to this article. A student enrolling at a qualifying baccalaureate degree granting institution shall apply by the March 2 deadline. A California community college student is eligible to apply at the March 2 or the September 2 deadline. -(2) Fifty percent of the awards referenced in this subdivision are reserved for students who will be enrolled at a California community college. The commission shall establish a second application deadline of September 2 for community college students to apply for these awards effective with the fall term or semester of the 2001–02 academic year. -(3) If any awards are not distributed pursuant to paragraphs (1) and (2) upon initial allocation of the awards under this article, the commission shall make awards to as many eligible students as possible, beginning with the students with the lowest expected family contribution and highest academic merit, consistent with the criteria adopted by the commission pursuant to subdivision (c), as practicable without exceeding the applicable annual cumulative total of awards specified in this subdivision. -(c) (1) On or before February 1, 2001, acting pursuant to a public hearing process that is consistent with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), the commission shall establish selection criteria for Cal Grant A and B awards under the competitive program that give special consideration to disadvantaged students, taking into consideration those financial, educational, cultural, language, home, community, environmental, and other conditions that hamper a student’s access to, and ability to persist in, postsecondary education programs. -(2) Additional consideration shall be given to both of the following: -(A) Students pursuing Cal Grant B awards who reestablish their grade point averages. -(B) Students who did not receive awards pursuant to Article 2 (commencing with Section 69434), Article 3 (commencing with Section 69435), or Article 4 (commencing with Section 69436). -(d) All other students who meet the eligibility requirements pursuant to Article 1 (commencing with Section 69430) are eligible to compete for an award pursuant to this article. -SEC. 2. -Section 69437.6 of the Education Code is amended to read: -69437.6. -(a) An applicant competing for an award under this article shall meet all the requirements of Article 1 (commencing with Section 69430). -(b) To compete for a competitive Cal Grant A award, an applicant shall, at a minimum, meet all of the requirements of Article 2 (commencing with Section 69434), with the exception of paragraphs (1) and (8) of subdivision (b) of Section 69434. However, in lieu of meeting the grade point average requirement set forth in paragraph (3) of subdivision (b) of Section 69434, an applicant may submit a community college or college grade point average of at least 2.4 on a 4.0 scale. -(c) To compete for a competitive Cal Grant B award, an applicant shall, at a minimum, meet all of the requirements of Article 3 (commencing with Section 69435), with the exception of paragraphs (1) and (8) of subdivision (a) of Section 69435.3. However, in lieu of meeting the grade point average requirements of paragraph (3) of subdivision (a) of Section 69435.3, a student may do either of the following: -(1) Demonstrate attainment of a community college or college grade point average of at least 2.0 on a 4.0 scale. -(2) Reestablish his or her grade point average by completing at least 16 cumulative units of credit for academic coursework at an accredited California community college, as defined by the commission, by regulation, with at least a 2.0 community college grade point average. -(d) To compete for a competitive California Community College Transfer Cal Grant award, an applicant shall, at a minimum, meet the requirements of Article 4 (commencing with Section 69436), with the exception of paragraphs (8) and (9) of subdivision (b) of Section 69436. -(e) All other competitors shall, at a minimum, comply with all of the requirements of subdivision (b) of Section 69432.9. -(f) An individual selected for a Cal Grant A award who enrolls in a California community college may elect to have the award held in reserve for him or her for a period not to exceed two academic years, except that the commission may extend the period in which his or her award may be held in reserve for up to three academic years if, in the commission’s judgment, the rate of academic progress has been as rapid as could be expected for the personal and financial conditions that the student has encountered. The commission shall, in this case, hold the award in reserve for the additional year. Upon receipt of a request to transfer the award to a tuition or fee charging qualifying institution, the individual shall be eligible to receive the Cal Grant A award previously held in reserve if, at the time of the request, he or she meets all of the requirements of this article. Upon receipt of the request, the commission shall reassess the financial need of the award recipient. The commission may prescribe the forms and procedures to be used for the purposes of this section. A recipient’s years of eligibility for payment of benefits shall be based upon his or her grade level at the time the award is transferred to the tuition or fee charging qualifying institution. An award so held in reserve shall only be counted once toward the number of awards authorized by subdivision (b) of Section 69437.","Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Cal Grant Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. Among other things, the program requires that a total of 22,500 Competitive Cal Grant A and B awards be granted annually. -This bill would instead require that a total of -45,000 -50,000 -Competitive Cal Grant A and B awards be granted for -each of -the -2015–16 and -2016–17 academic -year, -years and -that -80,000 -60,000 -be granted for the 2017–18 academic -year, and that 100,000 be granted for the 2018–19 academic -year and each academic year thereafter. The bill would also make conforming changes and delete an obsolete provision.","An act to amend Sections 69437 and 69437.6 of the Education Code, relating to student financial aid." -451,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4212 of the Public Resources Code is amended to read: -4212. -(a) (1) By -September 1, 2011, -July 1, 2016, -the board shall -adopt -amend the existing -emergency regulations to establish a fire prevention fee for the purposes of this chapter in an amount not to exceed -one hundred fifty dollars ($150) -one hundred fifty-two dollars and thirty-three cents ($152.33) -to be charged on each habitable structure on a parcel that is within a state responsibility area. -(2) The Legislature finds and declares that a fire prevention fee of not more than -one hundred fifty dollars ($150) -one hundred fifty-two dollars and thirty-three cents ($152.33) -is a reasonable amount for the necessary fire prevention activities of the state that benefit the owner of a habitable structure within a state responsibility area. -(b) On July 1, -2013, -2017, -and annually thereafter, the board may adjust the fire prevention -fees -fee -imposed pursuant to this chapter to reflect the percentage of change in the average annual value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as calculated by the United States Department of Commerce for the 12-month period in the third quarter of the prior calendar year, as reported by the Department of Finance. -(c) Emergency regulations -adopted -amended -pursuant to subdivision (a) shall be -adopted -amended -in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The -adoption -amendment -of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. -SECTION 1. -SEC. 2. -Section 4213 of the Public Resources Code is amended to read: -4213. -(a) (1) The fire prevention fee imposed pursuant to Section 4212 shall be collected annually by the State Board of Equalization in accordance with the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). -(2) Notwithstanding the appeal provisions in the Fee Collection Procedures Law, a determination by the department that a person is required to pay a fire prevention fee, or a determination by the department regarding the amount of that fee, is subject to review under Article 2 (commencing with Section 4220) and is not subject to a petition for redetermination by the State Board of Equalization. -(3) (A) Notwithstanding the refund provisions in the Fee Collection Procedures Law, the State Board of Equalization shall not accept any claim for refund that is based on the assertion that a determination by the department improperly or erroneously calculated the amount of the fire prevention fee, or incorrectly determined that the person is subject to that fee, unless that determination has been set aside by the department or a court reviewing the determination of the department. -(B) If the department or a reviewing court determines that a person is entitled to a refund of all or part of the fire prevention fee, the person shall make a claim to the State Board of Equalization pursuant to Chapter 5 (commencing with Section 55221) of Part 30 of Division 2 of the Revenue and Taxation Code. -(b) The annual fire prevention fee shall be due and payable 60 days from the date of assessment by the State Board of Equalization. -(c) On or before each January 1, the department shall annually transmit to the State Board of Equalization the appropriate name and address of each person who is liable for the fire prevention fee and the amount of the fee to be assessed, as authorized by this article, and at the same time the department shall provide to the State Board of Equalization a contact telephone number for the board to be printed on the bill to respond to questions about the fee. -(d) If in any given fiscal year there are sufficient amounts of money in the State Responsibility Area Fire Prevention Fund created pursuant to Section 4214 to finance the costs of the programs under subdivision (d) of Section 4214 for that fiscal year, the fee may not be collected that fiscal year. -SEC. 2. -SEC. 3. -Section 4220 of the Public Resources Code is amended to read: -4220. -A person from whom the fire prevention fee is determined to be due under this chapter may petition for a redetermination of whether this chapter applies to that person within 60 days after service upon him or her of a notice of the determination. If a petition for redetermination is not filed within the 60-day period, the amount determined to be due becomes final at the expiration of the 60-day period. -SEC. 3. -SEC. 4. -Section 4222 of the Public Resources Code is amended to read: -4222. -If a petition for redetermination of the application of this chapter is filed within the 60-day period, the department shall reconsider whether the fee is due and make a determination in writing. The department may eliminate the fee based on a determination that this chapter does not apply to the person who filed the petition.","Existing law requires the state to have the primary financial responsibility for preventing and suppressing fires in areas that the State Board of Forestry and Fire Protection has determined are state responsibility areas, as defined. Existing law requires -that -the State Board of Forestry and Fire Protection, by September 1, 2011, to adopt emergency regulations to establish -a fire prevention fee -in an amount not to exceed $150 to -be charged on each habitable structure on a parcel that is within a state responsibility -area, -area. Existing law authorizes the State Board of Forestry and Fire Protection, on July 1, 2013, and annually thereafter, to adjust the fire prevention fee, as specified. Existing law requires the fire prevention fee to be -collected annually by the State Board of Equalization, in accordance with specified procedures, and specifies that the annual fee shall be due and payable 30 days from the date of assessment by the state board. Existing law authorizes a petition for redetermination of the fee to be filed within 30 days after service of a notice of determination, as specified. -This bill would -require the State Board of Forestry and Fire Protection, by July 1, 2016, to amend those emergency regulations to establish a fire prevention fee in an amount not to exceed $152.33 and would authorize the board, on July 1, 2017, and annually thereafter, to adjust the fire prevention fee, as specified. The bill would -extend the time when the fire prevention fee is due and payable from 30 to 60 days from the date of assessment by the State Board of Equalization and would authorize the petition for redetermination to be filed within 60 days after service of the notice of determination, as specified.","An act to amend Sections -4212, -4213, 4220, and 4222 of the Public Resources Code, relating to forestry and fire prevention." -452,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares that the oversight boards to individual successor agencies were established pursuant to the Redevelopment Agency Dissolution Act, which prescribes that all oversight boards in the County of Los Angeles will be consolidated into a single countywide oversight board by July 1, 2016. -(b) The Legislature further finds that collapsing all functions of the 71 oversight boards in the County of Los Angeles into a single countywide oversight board would create administrative gridlock and be a severe impediment to the expeditious disposition of properties owned by former redevelopment agencies. -(c) In recognition of these findings and to ensure that the duties of the 71 oversight boards and successor agencies in the County of Los Angeles will be met in a timely manner, it is the intent of the Legislature to continue all oversight boards in the County of Los Angeles in existence until the respective successor agency requests dissolution of its oversight board and transfer of fiduciary duties to the countywide oversight board. -SEC. 2. -Section 34179 of the Health and Safety Code is amended to read: -34179. -(a) Each successor agency shall have an oversight board composed of seven members. The members shall elect one of their members as the chairperson and shall report the name of the chairperson and other members to the Department of Finance on or before May 1, 2012. Members shall be selected as follows: -(1) One member appointed by the county board of supervisors. -(2) One member appointed by the mayor for the city that formed the redevelopment agency. -(3) (A) One member appointed by the largest special district, by property tax share, with territory in the territorial jurisdiction of the former redevelopment agency, that is of the type of special district that is eligible to receive property tax revenues pursuant to Section 34188. -(B) On or after the effective date of this subparagraph, the county auditor-controller may determine which is the largest special district for purposes of this section. -(4) One member appointed by the county superintendent of education to represent schools, if the superintendent is elected. If the county superintendent of education is appointed, then the appointment made pursuant to this paragraph shall be made by the county board of education. -(5) One member appointed by the Chancellor of the California Community Colleges to represent community college districts in the county. -(6) One member of the public appointed by the county board of supervisors. -(7) One member representing the employees of the former redevelopment agency appointed by the mayor or chair of the board of supervisors from the recognized employee organization representing the largest number of former redevelopment agency employees employed by the successor agency at that time. If city or county employees performed administrative duties of the former redevelopment agency, the appointment shall be made from the recognized employee organization representing those employees. If a recognized employee organization does not exist for either the employees of the former redevelopment agency or the city or county employees performing administrative duties of the former redevelopment agency, the appointment shall be made from among the employees of the successor agency. In voting to approve a contract as an enforceable obligation, a member appointed pursuant to this paragraph shall not be deemed to be interested in the contract by virtue of being an employee of the successor agency or community for purposes of Section 1090 of the Government Code. -(8) If the county or a joint powers agency formed the redevelopment agency, the largest city by acreage in the territorial jurisdiction of the former redevelopment agency may select one member. If there are no cities with territory in a project area of the redevelopment agency, the county superintendent of education may appoint an additional member to represent the public. -(9) If there are no special districts of the type that are eligible to receive property tax pursuant to Section 34188 within the territorial jurisdiction of the former redevelopment agency, the county may appoint one member to represent the public. -(10) If a redevelopment agency was formed by an entity that is both a charter city and a county, the oversight board shall be composed of seven members selected as follows: three members appointed by the mayor of the city, if that appointment is subject to confirmation by the county board of supervisors; one member appointed by the largest special district, by property tax share, with territory in the territorial jurisdiction of the former redevelopment agency, that is the type of special district that is eligible to receive property tax revenues pursuant to Section 34188; one member appointed by the county superintendent of education to represent schools; one member appointed by the Chancellor of the California Community Colleges to represent community college districts; and one member representing employees of the former redevelopment agency appointed by the mayor of the city, if that appointment is subject to confirmation by the county board of supervisors, to represent the largest number of former redevelopment agency employees employed by the successor agency at that time. -(b) The Governor may appoint individuals to fill any oversight board member position described in subdivision (a) that has not been filled by May 15, 2012, or any member position that remains vacant for more than 60 days. -(c) The oversight board may direct the staff of the successor agency to perform work in furtherance of the oversight board’s duties and responsibilities under this part. The successor agency shall pay for all of the costs of meetings of the oversight board and may include those costs in its administrative budget. Oversight board members shall serve without compensation or reimbursement for expenses. -(d) Oversight board members are protected by the immunities applicable to public entities and public employees governed by Part 1 (commencing with Section 810) and Part 2 (commencing with Section 814) of Division 3.6 of Title 1 of the Government Code. -(e) A majority of the total membership of the oversight board shall constitute a quorum for the transaction of business. A majority vote of the total membership of the oversight board is required for the oversight board to take action. The oversight board shall be deemed to be a local entity for purposes of the Ralph M. Brown Act, the California Public Records Act, and the Political Reform Act of 1974. All actions taken by the oversight board shall be adopted by resolution. -(f) All notices required by law for proposed oversight board actions shall also be posted on the successor agency’s Internet Web site or the oversight board’s Internet Web site. -(g) Each member of an oversight board shall serve at the pleasure of the entity that appointed that member. -(h) The Department of Finance may review an oversight board action taken pursuant to this part. Written notice and information about all actions taken by an oversight board shall be provided to the department by electronic means and in a manner of the department’s choosing. An action shall become effective five business days after notice in the manner specified by the department is provided unless the department requests a review. Each oversight board shall designate an official to whom the department may make those requests and who shall provide the department with the telephone number and email contact information for the purpose of communicating with the department pursuant to this subdivision. Except as otherwise provided in this part, if the department requests a review of a given oversight board action, it shall have 40 days from the date of its request to approve the oversight board action or return it to the oversight board for reconsideration and the oversight board action shall not be effective until approved by the department. If the department returns the oversight board action to the oversight board for reconsideration, the oversight board shall resubmit the modified action for department approval and the modified oversight board action shall not become effective until approved by the department. If the department reviews a Recognized Obligation Payment Schedule, the department may eliminate or modify any item on that schedule prior to its approval. The county auditor-controller shall reflect the actions of the department in determining the amount of property tax revenues to allocate to the successor agency. The department shall provide notice to the successor agency and the county auditor-controller as to the reasons for its actions. To the extent that an oversight board continues to dispute a determination with the department, one or more future recognized obligation schedules may reflect any resolution of that dispute. The department may also agree to an amendment to a Recognized Obligation Payment Schedule to reflect a resolution of a disputed item, however, this shall not affect a past allocation of property tax or create a liability for any affected taxing entity. -(i) Oversight boards shall have fiduciary responsibilities to holders of enforceable obligations and the taxing entities that benefit from distributions of property tax and other revenues pursuant to Section 34188. Further, the provisions of Division 4 (commencing with Section 1000) -of Title 1 -of the Government Code shall apply to oversight boards. Notwithstanding Section 1099 of the Government Code, or any other law, any individual may simultaneously be appointed to up to five oversight boards and may hold an office in a city, county, city and county, special district, school district, or community college district. -(j) -Commencing -Except as specified in subdivision (q), commencing -on and after July 1, 2016, in each county where more than one oversight board was created by operation of the act adding this part, there shall be -only -one oversight board appointed as follows: -(1) One member may be appointed by the county board of supervisors. -(2) One member may be appointed by the city selection committee established pursuant to Section 50270 of the Government Code. In a city and county, the mayor may appoint one member. -(3) One member may be appointed by the independent special district selection committee established pursuant to Section 56332 of the Government Code, for the types of special districts that are eligible to receive property tax revenues pursuant to Section 34188. -(4) One member may be appointed by the county superintendent of education to represent schools if the superintendent is elected. If the county superintendent of education is appointed, then the appointment made pursuant to this paragraph shall be made by the county board of education. -(5) One member may be appointed by the Chancellor of the California Community Colleges to represent community college districts in the county. -(6) One member of the public may be appointed by the county board of supervisors. -(7) One member may be appointed by the recognized employee organization representing the largest number of successor agency employees in the county. -(k) The Governor may appoint individuals to fill any oversight board member position described in subdivision (j) that has not been filled by July 15, 2016, or any member position that remains vacant for more than 60 days. -(l) Commencing on and after July 1, 2016, in each county where only one oversight board was created by operation of the act adding this part, -then -there will be no change to the composition of that oversight board as a result of the operation of subdivision (b). -(m) Any oversight board for a given successor agency shall cease to exist when all of the indebtedness of the dissolved redevelopment agency has been repaid or a successor agency has dissolved the oversight board pursuant to subdivision (q). -(n) An oversight board may direct a successor agency to provide legal or financial advice in addition to that provided by agency staff. -(o) An oversight board is authorized to contract with the county or other public or private agencies for administrative support. -(p) On matters within the purview of the oversight board, decisions made by the oversight board supersede those made by the successor agency or the staff of the successor agency. -(q) Notwithstanding subdivision (j), an oversight board within the County of Los Angeles shall continue to independently operate until its successor agency adopts a resolution dissolving its oversight board and its oversight board approves that resolution, after which time the successor agency shall be overseen by the oversight board established pursuant to subdivision (j). -SEC. 3. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the County of Los Angeles.","Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies, subject to review by oversight boards, and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law authorizes, in each county where more than one oversight board was created, only one oversight board to be appointed on and after July 1, 2016. -This bill would require an oversight board within the County of Los Angeles to continue to independently operate past the July 1, 2016, consolidation date, until its successor agency adopts a resolution dissolving the board and the board approves that resolution, as provided. -This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.","An act to amend Section 34179 of the Health and Safety Code, relating to redevelopment." -453,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 527.11 of the Code of Civil Procedure is amended to read: -527.11. -(a) The owner or owner’s agent of vacant real property may register the property with the local law enforcement agency using the form contained in subdivision (a) of Section 527.12. -(1) The registration shall be signed under penalty of perjury and state that the property is vacant and is not authorized to be occupied by any person. -(2) The registration shall be accompanied with a statement providing the name, address, and telephone number at which the owner can be contacted within a 24-hour period and a statement that either the law enforcement agency or a licensed private security services company has been retained to comply with the inspection and reporting provisions of this section, together with a copy of any agreement or contract to perform those services. -(b) The owner or the owner’s agent shall register the vacant property no later than three days after the owner or owner’s agent learns that the property is vacant. -(c) The owner or owner’s agent, immediately after authorizing a person to occupy the vacant property, shall do both of the following: -(1) Issue a written authorization to the person authorized to occupy the property. -(2) Notify the law enforcement agency where the property is registered and terminate the registration. -(d) The owner or the owner’s agent, immediately upon the sale of the vacant property, shall notify the law enforcement agency where the property is registered that the property has been sold, and to terminate the registration. -(e) The licensed private security services company or law enforcement agency selected by the owner or owner’s agent pursuant to this section shall do both of the following: -(1) Inspect the vacant property not less than once every three days. -(2) Immediately notify the law enforcement agency with which the property is registered if any unauthorized person is found on the property. -(f) The law enforcement agency where the property is registered shall respond as soon as practicable after being notified pursuant to paragraph (2) of subdivision (e) that an unauthorized person is found on the property. The responding officer shall do all of the following: -(1) Verify that the property was inspected within the last three days pursuant to paragraph (2) of subdivision (e) and found to be vacant. -(2) Ascertain the identity of any person who is found on the property. -(3) Require a person who is found on the property to produce written authorization to be on the property or other evidence demonstrating the person’s right to possession. -(4) Notify any person who does not produce written authorization or other evidence pursuant to paragraph (3) that the owner or owner’s agent may seek to obtain a court order pursuant to subdivision (g) and that the person will be subject to arrest for trespass if the person is subsequently found on the property in violation of that order. -(5) Verify with the owner or the owner’s agent that the property is vacant. -(g) (1) The owner or owner’s agent of vacant real property may file an action for a temporary restraining order and injunctive relief against any person who is found on the vacant property not less than 48 hours after that person has been notified pursuant to paragraph (4) of subdivision (f). A person subject to a temporary restraining order or an injunction obtained pursuant to this subdivision is subject to arrest and imprisonment for trespass pursuant to Section 602.5 of the Penal Code for failing to vacate the property pursuant to the temporary restraining order or injunction and for civil contempt for violating a court order. -(2) The summons and complaint in an action brought pursuant to this subdivision may be served personally or by posting a copy of the summons and complaint at a prominent location on the property and mailing a copy of the summons and complaint to the property’s address. Posting and mailing a copy of the summons and complaint shall be sufficient service even if the mailed copy is returned as undeliverable if the owner or owner’s agent has proof of the mailing. -(3) The court may order a hearing on a temporary restraining order within three days following service of the summons and complaint. The date, time, and location of the hearing may be included with the summons and complaint or may be separately served on any person occupying the property in the manner set out in paragraph (2). -(4) The court may include in any temporary restraining order granted pursuant to this subdivision an order directing that the property be vacated in not less than 48 hours. The order may be enforced by the local law enforcement agency where the property is registered or the county sheriff. -(5) The disposition of any personal property of a person subject to a temporary restraining order or an injunction pursuant to this subdivision shall be governed by the procedures set forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 of the Civil Code. The person subject to the temporary restraining order or injunction shall be deemed to be a former tenant of the property for purposes of the disposition of personal property only. -(h) This section shall not be construed to limit an owner from seeking other legal remedies to have a person removed from the vacant property pursuant to any other law. -(i) A temporary restraining order or injunction ordering a person to vacate and remove personal property pursuant to this section shall not constitute a forcible entry under the provisions of Section 1159 of the Code of Civil Procedure. -(j) The local city council or board of supervisors shall establish fees for registering a vacant property with the local law enforcement agency and for the conduct of inspections by the law enforcement agency pursuant to this section, including all activities conducted by the law enforcement agency pursuant to subdivision (f). -(k) This section applies only to one- to four-unit residences in -the City of Eureka in the County of Humboldt, -the Cities of Palmdale and Lancaster in the County of Los Angeles -and -, -the City of Ukiah in the County of Mendocino -, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake -. -(l) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. -SEC. 2. -Section 527.12 of the Code of Civil Procedure is amended to read: -527.12. -(a) A property owner, or an agent of the property owner, may execute a “Declaration of Ownership” that includes language substantially similar to the language below and file it with the local law enforcement agency of the jurisdiction in which the property is located. If the property owner, or the agent of the property owner, files the declaration with the local law enforcement agency, he or she shall also post the declaration on the unoccupied residential property listed in the declaration. - -“DECLARATION OF OWNERSHIP OF RESIDENTIAL REAL PROPERTY - - -I, ____________________, declare and state: I make this declaration based upon my own personal knowledge. -1. I am the owner___, or the agent of the owner___(check one), of the residential property located at _____________________, California (“Property”). -2. Submitted with this declaration, and incorporated herein by reference, is a true and correct copy of the deed by which I obtained ownership of the Property. -3. Since obtaining ownership of the Property, no ownership interest in the Property has been conveyed or transferred to any other person or entity. -4. At the time of obtaining ownership of the Property, no person was occupying the Property and no ownership interest or right of possession in the Property has been conveyed or transferred to any other person or entity. -5. As of the present date, there are no persons authorized by me or my agent to reside within the Property. Any persons residing on this Property are doing so without any express or implied authorization from me or my agent. -6. I have not entered into any form of lease arrangement, rental agreement, or given any consent whatsoever to any persons to reside within the Property. -7. I will advise the local law enforcement agency if there is any change in the status of the Property and an occupancy is authorized by me or my agent. -8. I declare under penalty of perjury that the foregoing is true and correct. - - -EXECUTED on _________________________________, at _______________________, California” - - -(b) Notwithstanding Section 47 of the Civil Code, a property owner, or agent thereof, who files a declaration pursuant to this section that includes false information regarding the right to possess the property is liable to any person who, as a result of the declaration, is caused to vacate the property, for reasonable attorney’s fees, special damages not to exceed $2,000, and all damages resulting from the person having to vacate the property. -(c) This section applies only to one- to four-unit residences in -the City of Eureka in the County of Humboldt, -the Cities of Palmdale and Lancaster in the County of Los Angeles -and -, -the City of Ukiah in the County of Mendocino -, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake -. -(d) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. -SEC. 3. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the City of Eureka in the County of Humboldt, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake, it is first necessary to establish this program in a limited setting to analyze its effectiveness before considering an extension to other local jurisdictions. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -This authorization is necessary to expand the pilot program created in 2014 by Assembly Bill 1513 (Ch. 666, Stats. 2014) to those local jurisdictions that have expressly requested inclusion in this program to enable them to address the challenges they are facing with squatters in their respective jurisdictions.","Until January 1, 2018, existing law permits an owner of specified residential property in the Cities of Palmdale and Lancaster in the County of Los Angeles or the City of Ukiah in the County of Mendocino to register vacant real property with the local law enforcement agency and to execute a Declaration of Ownership of Residential Real Property that may be filed with the local law enforcement agency of the jurisdiction in which the property is located. Existing law requires the local law enforcement agency with which the property is registered to respond as soon as practicable after being notified that an unauthorized person has been found on the property and take specified action, including requiring a person who is found on the property to produce written authorization to be on the property or other evidence demonstrating the person’s right to possession, and notifying any person who does not produce that authorization or other evidence that the owner or owner’s agency may seek to obtain a court order and that the person will be subject to arrest for trespass if he or she is subsequently found on the property in violation of that order. -This bill would extend the residential property subject to these provisions to include the City of Eureka in the County of Humboldt, the City of Fairfield in the City of Solano, and the Counties of Humboldt and Lake. By expanding the scope of the crime of perjury and by imposing new duties on local law enforcement agencies, this bill would create a state-mandated local program. -This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Eureka in the County of Humboldt, the City of Fairfield in the County of Solano, and the Counties of Humboldt and Lake.. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 527.11 and 527.12 of the Code of Civil Procedure, relating to residential property, and declaring the urgency thereof, to take effect immediately." -454,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 374 of the Streets and Highways Code is amended to read: -374. -(a) Route 74 is from: -(1) Route 5 near San Juan Capistrano to Route 15 near Lake Elsinore. -(2) Route 15 near Lake Elsinore to Route 215 near Perris. -(3) Route 215 near Perris to the southern city limit of Palm Desert. -(b) The relinquished former portions of Route 74 within the Cities of Palm Desert and Perris are not state highways and are not eligible for adoption under Section 81. For the former portions of Route 74 relinquished under this subdivision, the Cities of Palm Desert and Perris shall maintain within their respective jurisdictions signs directing motorists to the continuation of Route 74 and shall ensure the continuity of traffic flow on the relinquished portions of Route 74, including any traffic signal progression. -(c) (1) The commission may relinquish to the City of Lake Elsinore the portion of Route 74 located within the city limits of that city, upon terms and conditions the commission finds to be in the best interests of the state. -(2) Any relinquishment agreement shall require that the City of Lake Elsinore administer the operation and maintenance of the highway in a manner consistent with professional traffic engineering standards. -(3) Any relinquishment agreement shall require the City of Lake Elsinore to ensure that appropriate traffic studies or analyses will be performed to substantiate any decisions affecting the highway. -(4) Any relinquishment agreement shall also require the City of Lake Elsinore to provide for public notice and the consideration of public input on the proximate effects of any proposed decision on traffic flow, residences, or businesses, other than a decision on routine maintenance. -(5) Notwithstanding any of its other terms, any relinquishment agreement shall require the City of Lake Elsinore to indemnify and hold the department harmless from any liability for any claims made or damages suffered by any person, including a public entity, as a result of any decision made or action taken by the City of Lake Elsinore, its officers, employees, contractors, or agents, with respect to the design, maintenance, construction, or operation of that portion of Route 74 that is to be relinquished to the city. -(6) A relinquishment under this subdivision shall become effective immediately after the county recorder records the relinquishment resolution that contains the commission’s approval of the terms and conditions of the relinquishment. -(7) On and after the effective date of the relinquishment, both of the following shall occur: -(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway. -(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81. -(8) The City of Lake Elsinore shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression. -(9) For portions of Route 74 relinquished under this subdivision, the City of Lake Elsinore shall maintain signs directing motorists to the continuation of Route 74. -(d) (1) Notwithstanding subdivision (a), the commission may relinquish to the City of Hemet the portion of Route 74 that is located within the city limits of the City of Hemet, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the City of Hemet enter into an agreement providing for that relinquishment. -(2) A relinquishment under this subdivision shall become effective immediately following the recordation by the county recorder of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. -(3) On and after the effective date of the relinquishment, both of the following shall occur: -(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway. -(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81. -(4) The City of Hemet shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression. -(5) For portions of Route 74 relinquished under this subdivision, the City of Hemet shall maintain signs directing motorists to the continuation of Route 74. -(e) (1) Notwithstanding subdivision (a), the commission may relinquish to the County of Riverside the portion of Route 74 that is located within the unincorporated area east of the City of Lake Elsinore and west of the City of Perris, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the County of Riverside enter into an agreement providing for that relinquishment. -(2) A relinquishment under this subdivision shall become effective immediately after the county recorder records the relinquishment resolution that contains the commission’s approval of the terms and conditions of the relinquishment. -(3) On and after the effective date of the relinquishment, both of the following shall occur: -(A) The portion of Route 74 relinquished under this subdivision shall cease to be a state highway. -(B) The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81. -(4) For portions of Route 74 relinquished under this subdivision, the County of Riverside shall maintain signs directing motorists to the continuation of Route 74.","Existing law provides that the Department of Transportation has full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish certain state highway segments to local agencies. -This bill would authorize the commission to relinquish to the County of Riverside that portion of State Highway Route 74 located in the unincorporated area east of the City of Lake Elsinore and west of the City of Perris under specified conditions.","An act to amend Section 374 of the Streets and Highways Code, relating to state highways." -455,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1808.4 of the Vehicle Code is amended to read: -1808.4. -(a) For all of the following persons, his or her home address that appears in a record of the department is confidential if the person requests the confidentiality of that information: -(1) Attorney General. -(2) State Public Defender. -(3) A Member of the Legislature. -(4) A judge or court commissioner. -(5) A district attorney. -(6) A public defender. -(7) An attorney employed by the Department of Justice, the office of the State Public Defender, or a county office of the district attorney or public defender. -(8) A city attorney and an attorney who submits verification from his or her public employer that the attorney represents the city in matters that routinely place the attorney in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if that attorney is employed by a city attorney. -(9) A nonsworn police dispatcher. -(10) A child abuse investigator or social worker, working in child protective services within a social services department. -(11) An active or retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. -(12) An employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, -or -the Prison Industry Authority -, or the State Department of State Hospitals -specified in Sections -20403 and -20403, -20405 -, and 20407 -of the Government Code. -(13) A nonsworn employee of a city police department, a county sheriff’s office, the Department of the California Highway Patrol, a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, who submits agency verification that, in the normal course of his or her employment, he or she controls or supervises inmates or is required to have a prisoner in his or her care or custody. -(14) A county counsel assigned to child abuse cases. -(15) An investigator employed by the Department of Justice, a county district attorney, or a county public defender. -(16) A member of a city council. -(17) A member of a board of supervisors. -(18) A federal prosecutor, criminal investigator, or National Park Service Ranger working in this state. -(19) An active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances. -(20) An employee of a trial court. -(21) A psychiatric social worker employed by a county. -(22) A police or sheriff department employee designated by the -Chief of Police -chief of police -of the department or the sheriff of the county as being in a sensitive position. A designation pursuant to this paragraph shall, for purposes of this section, remain in effect for three years subject to additional designations that, for purposes of this section, shall remain in effect for additional three-year periods. -(23) A state employee in one of the following classifications: -(A) Licensing Registration Examiner, Department of Motor Vehicles. -(B) Motor Carrier Specialist 1, Department of the California Highway Patrol. -(C) Museum Security Officer and Supervising Museum Security Officer. -(D) Licensing Program Analyst, -State -Department of Social Services. -(24) (A) The spouse or child of a person listed in paragraphs (1) to (23), inclusive, regardless of the spouse’s or child’s place of residence. -(B) The surviving spouse or child of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if the peace officer died in the line of duty. -(C) (i) Subparagraphs (A) and (B) shall not apply if the person listed in those subparagraphs was convicted of a crime and is on active parole or probation. -(ii) For requests made on or after January 1, 2011, the person requesting confidentiality for their spouse or child listed in subparagraph (A) or (B) shall declare, at the time of the request for confidentiality, whether the spouse or child has been convicted of a crime and is on active parole or probation. -(iii) Neither the listed person’s employer nor the department shall be required to verify, or be responsible for verifying, that a person listed in subparagraph (A) or (B) was convicted of a crime and is on active parole or probation. -(b) The confidential home address of a person listed in subdivision (a) shall not be disclosed, except to any of the following: -(1) A court. -(2) A law enforcement agency. -(3) The State Board of Equalization. -(4) An attorney in a civil or criminal action that demonstrates to a court the need for the home address, if the disclosure is made pursuant to a subpoena. -(5) A governmental agency to which, under any -provision of -law, information is required to be furnished from records maintained by the department. -(c) (1) A record of the department containing a confidential home address shall be open to public inspection, as provided in Section 1808, if the address is completely obliterated or otherwise removed from the record. -(2) Following termination of office or employment, a confidential home address shall be withheld from public inspection for three years, unless the termination is the result of conviction of a criminal offense. If the termination or separation is the result of the filing of a criminal complaint, a confidential home address shall be withheld from public inspection during the time in which the terminated individual may file an appeal from termination, while an appeal from termination is ongoing, and until the appeal process is exhausted, after which confidentiality shall be at the discretion of the employing agency if the termination or separation is upheld. Upon reinstatement to an office or employment, the protections of this section are available. -(3) With respect to a retired peace officer, his or her home address shall be withheld from public inspection permanently upon request of confidentiality at the time the information would otherwise be opened. The home address of the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer. -(4) The department shall inform a person who requests a confidential home address what agency the individual whose address was requested is employed by or the court at which the judge or court commissioner presides. -(d) A violation of subdivision (a) by the disclosure of the confidential home address of a peace officer, as specified in paragraph (11) of subdivision (a), a nonsworn employee of the city police department or county sheriff’s office, or the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriff’s office, or the spouses or children of these persons is a felony. -SECTION 1. -Section 4150 of the -Vehicle Code -is amended to read: -4150. -Application for the original or renewal registration of a vehicle of a type that is required to be registered under this code shall be made by the owner to the department upon the appropriate form furnished by it and shall contain all of the following information: -(a)The true, full name, business or residence and mailing address, and driver’s license or identification card number, if any, of the owner, and the true, full name and business or residence or mailing address of the legal owner, if any. -(b)The name of the county in which the owner resides. -(c)A description of the vehicle, including the following data insofar as it may exist: -(1)The make, model, and type of body. -(2)The vehicle identification number or any other identifying number as may be required by the department. -(3)The date first sold by a manufacturer, remanufacturer, or dealer to a consumer. -(d)Any other information that is reasonably required by the department to enable it to determine whether the vehicle is lawfully entitled to registration.","Existing law prohibits the disclosure of the home addresses of certain public employees and officials, including an employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities or the Prison Industry Authority, that appear in records of the Department of Motor Vehicles, except to a court, a law enforcement agency, an attorney in a civil or criminal action under certain circumstances, and certain other official entities. -This bill would extend that prohibition, subject to those same exceptions, to the disclosure of the home addresses of an employee of the State Department of State Hospitals, as specified. -Existing law requires the owner of a vehicle of a type required to be registered under the Vehicle Code to submit an application for the original or renewal registration of that vehicle to the Department of Motor Vehicles upon the appropriate form furnished by the department. -This bill would make technical, nonsubstantive changes to these provisions.","An act to amend Section -4150 -1808.4 -of the Vehicle Code, relating to -vehicles -vehicle records -." -456,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3003 of the Penal Code is amended to read: -3003. -(a) Except as otherwise provided in this section, an inmate who is released on parole or postrelease supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. For purposes of this subdivision, “last legal residence” shall not be construed to mean the county wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital. -(b) Notwithstanding subdivision (a), an inmate may be returned to another county if that would be in the best interests of the public. If the Board of Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 1170, decides on a return to another county, it shall place its reasons in writing in the parolee’s permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community: -(1) The need to protect the life or safety of a victim, the parolee, a witness, or any other person. -(2) Public concern that would reduce the chance that the inmate’s parole would be successfully completed. -(3) The verified existence of a work offer, or an educational or vocational training program. -(4) The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmate’s parole would be successfully completed. -(5) The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960. -(c) The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims. -(d) In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing him or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release. -(e) (1) The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions: -(A) Last, first, and midd> -(ii) City and ZIP Code. -(iii) Date that the address provided pursuant to this subparagraph was proposed to be effective. -(K) Contact officer and unit, including all of the following information: -(i) Name and telephone number of each contact officer. -(ii) Contact unit type of each contact officer such as units responsible for parole, registration, or county probation. -(L) A digitized image of the photograph and at least a single digit fingerprint of the parolee. -(M) A geographic coordinate for the inmate’s residence location for use with a Geographical Information System (GIS) or comparable computer program. -(2) Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmate’s tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA. -(3) Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe. -(4) All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request. -(5) The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143. -(f) Notwithstanding any other law, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, a violent felony as defined in paragraphs (1) to (7), inclusive, and paragraph (16) of subdivision (c) of Section 667.5 or a felony in which the defendant inflicts great bodily injury on a person other than an accomplice that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of a victim or witness. -(g) Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one-half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive. -(h) Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victim’s actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county. -(i) The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions. -(j) An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450). -(k) (1) Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision. -(2) Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards. -(l) In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law generally requires that an inmate released on parole or postrelease community supervision be returned to the county of last legal residence. Existing law provides, however, that an inmate who is released on parole for an offense involving stalking shall not be returned to a location within 35 miles of the victim’s actual residence or place of employment if specified criteria are satisfied. -This bill would make that provision applicable to an inmate released on postrelease community supervision. The bill would also authorize a supervising county agency to transfer an inmate who is released on postrelease community supervision to another county, upon approval of the receiving county, when the inmate cannot be placed in his or her county of last legal residence in compliance with this provision. The bill would make other clarifying changes. By imposing additional duties on supervising county agencies, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 3003 of the Penal Code, relating to postconviction supervised release." -457,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12814.6 of the Vehicle Code is amended to read: -12814.6. -(a) Except as provided in Section 12814.7, a driver’s license issued to a person at least 16 years of age but under 18 years of age shall be issued pursuant to the provisional licensing program contained in this section. The program shall consist of all of the following components: -(1) Upon application for an original license, the applicant shall be issued an instruction permit pursuant to Section 12509. A person who has in his or her immediate possession a valid permit issued pursuant to Section 12509 may operate a motor vehicle, other than a motorcycle or motorized bicycle, only when the person is either taking the driver training instruction referred to in paragraph (3) or practicing that instruction, provided the person is accompanied by, and is under the immediate supervision of, a California licensed driver 25 years of age or older whose driving privilege is not on probation. The age requirement of this paragraph does not apply if the licensed driver is the parent, spouse, or guardian of the permitholder or is a licensed or certified driving instructor. -(2) The person shall hold an instruction permit for not less than six months prior to applying for a provisional driver’s license. -(3) The person shall have complied with one of the following: -(A) Satisfactory completion of approved courses in automobile driver education and driver training maintained pursuant to provisions of the Education Code in -any -a -secondary school of California, or equivalent instruction in a secondary school of another state. -(B) Satisfactory completion of an integrated driver education and training program that is approved by the department and conducted by a driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5. The program shall utilize segmented modules, whereby a portion of the educational instruction is provided by, and then reinforced through, specific behind-the-wheel training before moving to the next phase of driver education and training. The program shall contain a minimum of 30 hours of classroom instruction and six hours of behind-the-wheel training. -(C) Satisfactory completion of six hours or more of behind-the-wheel instruction by a driving school or an independent driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 and either an accredited course in automobile driver education in -any -a -secondary school of California pursuant to provisions of the Education Code or satisfactory completion of equivalent professional instruction acceptable to the department. To be acceptable to the department, the professional instruction shall meet minimum standards to be prescribed by the department, and the standards shall be at least equal to the requirements for driver education and driver training contained in the rules and regulations adopted by the State Board of Education pursuant to the Education Code. A person who has complied with this -subdivision -subparagraph -shall not be required by the governing board of a school district to comply with subparagraph (A) in order to graduate from high school. -(D) Except as provided under subparagraph (B), a student may not take driver training instruction, unless he or she has successfully completed driver education. -(4) The person shall complete 50 hours of supervised driving practice prior to the issuance of a provisional license, which is in addition to any other driver training instruction required by law. Not less than 10 of the required practice hours shall include driving during darkness, as defined in Section 280. Upon application for a provisional license, the person shall submit to the department the certification of a parent, spouse, guardian, or licensed or certified driving instructor that the applicant has completed the required amount of driving practice and is prepared to take the department’s driving test. A person without a parent, spouse, guardian, or who is an emancipated minor, may have a licensed driver 25 years of age or older or a licensed or certified driving instructor complete the certification. This requirement does not apply to motorcycle practice. -(5) The person shall successfully complete an examination required by the department. Before retaking a test, the person shall wait for not less than one week after failure of the written test and for not less than two weeks after failure of the driving test. -(b) Except as provided in Section 12814.7, the provisional driver’s license shall be subject to all of the following restrictions: -(1) Except as specified in paragraph (2), -during the first 12 months after issuance of a provisional license -the licensee may not do any of the following unless accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor: -(A) Drive between the hours of 11 p.m. and 5 a.m. -(B) Transport passengers who are under 20 years of age. -(2) A licensee may drive between the hours of 11 p.m. and 5 a.m. or transport an immediate family member without being accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor, in the following circumstances: -(A) Medical necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the necessity. -(B) Schooling or school-authorized activities of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from the school principal, dean, or school staff member designated by the principal or dean, containing a probable date that the schooling or school-authorized activity will have been completed. -(C) Employment necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from the employer, verifying employment and containing a probable date that the employment will have been completed. -(D) Necessity of the licensee or the licensee’s immediate family member when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary to transport the licensee or the licensee’s immediate family member. The licensee shall keep in his or her possession a signed statement from a parent or legal guardian verifying the reason and containing a probable date that the necessity will have ceased. -(E) The licensee is an emancipated minor. -(c) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of the restrictions imposed under subdivision (b). -(d) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether a driver who is subject to the license restrictions in subdivision (b) is in violation of Article 2.5 (commencing with Section 118947) of Chapter 4 of Part 15 of Division 104 of the Health and Safety Code. -(e) (1) Upon a finding that -any -a -licensee has violated paragraph (1) of subdivision (b), the court shall impose one of the following: -(A) Not less than eight hours nor more than 16 hours of community service for a first offense and not less than 16 hours nor more than 24 hours of community service for a second or subsequent offense. -(B) A fine of not more than thirty-five dollars ($35) for a first offense and a fine of not more than fifty dollars ($50) for a second or subsequent offense. -(2) If the court orders community service, the court shall retain jurisdiction until the hours of community service have been completed. -(3) If the hours of community service have not been completed within 90 days, the court shall impose a fine of not more than thirty-five dollars ($35) for a first offense and not more than fifty dollars ($50) for a second or subsequent offense. -(f) A conviction of paragraph (1) of subdivision (b), when reported to the department, may not be disclosed as otherwise specified in Section 1808 or constitute a violation point count value pursuant to Section 12810. -(g) -Any -A -term of restriction or suspension of the driving privilege imposed on a person pursuant to this subdivision shall remain in effect until the end of the term even though the person becomes 18 years of age before the term ends. -(1) The driving privilege shall be suspended -when -if -the record of the person shows one or more notifications issued pursuant to Section 40509 or 40509.5. The suspension shall continue until -any -a -notification issued pursuant to Section 40509 or 40509.5 has been cleared. -(2) A 30-day restriction shall be imposed -when -if -a driver’s record shows a violation point count of two or more points in 12 months, as determined in accordance with Section 12810. The restriction shall require the licensee to be accompanied by a licensed parent, spouse, guardian, or other licensed driver 25 years of age or older, except when operating a class M vehicle, or so licensed, with no passengers aboard. -(3) A six-month suspension of the driving privilege and a one-year term of probation shall be imposed -whenever -if -a licensee’s record shows a violation point count of three or more points in 12 months, as determined in accordance with Section 12810. The terms and conditions of probation shall include, but not be limited to, both of the following: -(A) The person shall violate no law which, if resulting in conviction, is reportable to the department under Section 1803. -(B) The person shall remain free from accident responsibility. -(h) Whenever action by the department under subdivision (g) arises as a result of a motor vehicle accident, the person may, in writing and within 10 days, demand a hearing to present evidence that he or she was not responsible for the accident upon which the action is based. Whenever action by the department is based upon a conviction reportable to the department under Section 1803, the person has no right to a hearing pursuant to Article 3 (commencing with Section 14100) of Chapter 3. -(i) The department shall require a person whose driving privilege is suspended or revoked pursuant to subdivision (g) to submit proof of financial responsibility as defined in Section 16430. The proof of financial responsibility shall be filed on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following the date of reinstatement. -(j) (1) Notwithstanding any other provision of this code, the department may issue a distinctive driver’s license, that displays a distinctive color or a distinctively colored stripe or other distinguishing characteristic, to persons at least 16 years of age and older but under 18 years of age, and to persons 18 years of age and older but under 21 years of age, so that the distinctive license feature is immediately recognizable. The features shall clearly differentiate between driver’s licenses issued to persons at least 16 years of age or older but under 18 years of age and to persons 18 years of age or older but under 21 years of age. -(2) If changes in the format or appearance of driver’s licenses are adopted pursuant to this subdivision, those changes may be implemented under -any -a -new contract for the production of driver’s licenses entered into after the adoption of those changes. -(k) The department shall include, on the face of the provisional driver’s license, the original issuance date of the provisional driver’s license in addition to any other issuance date. -(l) This section shall be known and may be cited as the Brady-Jared Teen Driver Safety Act of 1997. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Brady-Jared Teen Driver Safety Act of 1997, provides for the issuance of a driver’s license to an applicant who is at least 16 years of age but under 18 years of age pursuant to the provisional licensing program. Under existing law, a person licensed under this program is prohibited, during the first 12 months after issuance of a provisional license, from driving during the hours of 11 p.m. and 5 a.m. or from transporting passengers who are under 20 years of age, subject to specified exceptions. Under existing law, a violation of these provisions is an infraction. -This bill would prohibit a person with a provisional license, from engaging in those prohibited activities until the provisional period ends when the person reaches 18 years of age. By expanding the scope of a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 12814.6 of the Vehicle Code, relating to driver’s licenses." -458,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The intent of the Legislature in enacting this measure is to clarify that licensed pawnbrokers and secondhand dealers are not weighmasters. -(b) The Legislature finds and declares that this clarification is necessary following the enactment of Senate Bill 485 of the 2013–14 Regular Session of the Legislature, and the Department of Food and Agriculture’s subsequent administrative interpretation that pawnbrokers and secondhand dealers are subject to the provisions regulating weighmasters. -SEC. 2. -Section 12701 of the Business and Professions Code, as amended by Section 1 of Chapter 693 of the Statutes of 2012, is amended to read: -12701. -The following persons are not weighmasters: -(a) Retailers weighing, measuring, or counting commodities for sale by them in retail stores in the presence of, and directly to, consumers. -(b) Except for persons subject to Section 12730, producers of agricultural commodities or livestock, who weigh commodities produced or purchased by them or by their producer neighbors, when no charge is made for the weighing, or when no signed or initialed statement or memorandum is issued of the weight upon which a purchase or sale of the commodity is based. -(c) Common carriers issuing bills of lading on which are recorded, for the purpose of computing transportation charges, the weights of commodities offered for transportation, including carriers of household goods when transporting shipments weighing less than 1,000 pounds. -(d) Milk samplers and weighers licensed pursuant to Article 8 (commencing with Section 35161) of Chapter 12 of Part 1 of Division 15 of the Food and Agricultural Code, when performing the duties for which they are licensed. -(e) Persons who measure the amount of oil, gas, or other fuels for purposes of royalty computation and payment, or other operations of fuel and oil companies and their retail outlets. -(f) Newspaper publishers weighing or counting newspapers for sale to dealers or distributors. -(g) Textile maintenance establishments weighing, counting, or measuring any articles in connection with the business of those establishments. -(h) County sanitation districts operating pursuant to Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code, garbage and refuse disposal districts operating pursuant to Chapter 2 (commencing with Section 49100) of Part 8 of Division 30 of the Public Resources Code, and solid waste facilities, as defined in Section 40194 of the Public Resources Code. -(i) Facilities that handle medical waste and that report net weights, and not estimates, to the generator of the medical waste and the Department of Public Health in accordance with the provisions of the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). -(j) Persons who purchase scrap metal or salvage materials pursuant to a nonprofit recycling program, or recycling centers certified pursuant to Division 12.1 (commencing with Section 14500) of the Public Resources Code that purchase empty beverage containers from the public for recycling. -(k) Pest control operators licensed pursuant to Chapter 4 (commencing with Section 11701) of Division 6 of the Food and Agricultural Code. -(l) Retailers or recycling centers established solely for the redemption of empty beverage containers, as that phrase is defined in Section 14512 of the Public Resources Code, who are weighing, measuring, or counting salvage or returnable materials for purchase or redemption by them in retail stores, or, in the case of recycling centers, on the retail store premises or on a parking lot immediately adjacent to a retail store that is used for the purpose of parking by the store customers, directly from and in the presence of the seller. “Retailer” means an entity that derives 90 percent or more of its income from the sale of small quantities of food or nonfood items, or both, directly to consumers. “Salvage materials” means used paper products and used containers made of aluminum, tin, glass, or plastic. -(m) Any log scaler who performs log scaling functions, except weighing, as defined in the United States Forest Service Handbook, Supplement No. 4 of March 1987. -(n) Pawnbrokers licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code, and secondhand dealers licensed pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, when the pawnbroker or secondhand dealer weighs property that it acquires and reports the acquisition of the property pursuant to Section 21208 of the Financial Code or Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, respectively. -(o) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. -SEC. 3. -Section 12701 of the Business and Professions Code, as added by Section 2 of Chapter 693 of the Statutes of 2012, is amended to read: -12701. -The following persons are not weighmasters: -(a) Retailers weighing, measuring, or counting commodities for sale by them in retail stores in the presence of, and directly to, consumers. -(b) Except for persons subject to Section 12730, producers of agricultural commodities or livestock, who weigh commodities produced or purchased by them or by their producer neighbors, when no charge is made for the weighing, or when no signed or initialed statement or memorandum is issued of the weight upon which a purchase or sale of the commodity is based. -(c) Common carriers issuing bills of lading on which are recorded, for the purpose of computing transportation charges, the weights of commodities offered for transportation, including carriers of household goods when transporting shipments weighing less than 1,000 pounds. -(d) Milk samplers and weighers licensed pursuant to Article 8 (commencing with Section 35161) of Chapter 12 of Part 1 of Division 15 of the Food and Agricultural Code, when performing the duties for which they are licensed. -(e) Persons who measure the amount of oil, gas, or other fuels for purposes of royalty computation and payment, or other operations of fuel and oil companies and their retail outlets. -(f) Newspaper publishers weighing or counting newspapers for sale to dealers or distributors. -(g) Textile maintenance establishments weighing, counting, or measuring any articles in connection with the business of those establishments. -(h) County sanitation districts operating pursuant to Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code, garbage and refuse disposal districts operating pursuant to Chapter 2 (commencing with Section 49100) of Part 8 of Division 30 of the Public Resources Code, and solid waste facilities, as defined in Section 40194 of the Public Resources Code. -(i) Persons who purchase scrap metal or salvage materials pursuant to a nonprofit recycling program, or recycling centers certified pursuant to Division 12.1 (commencing with Section 14500) of the Public Resources Code that purchase empty beverage containers from the public for recycling. -(j) Pest control operators licensed pursuant to Chapter 4 (commencing with Section 11701) of Division 6 of the Food and Agricultural Code. -(k) Retailers, or recycling centers established solely for the redemption of empty beverage containers, as that phrase is defined in Section 14512 of the Public Resources Code, who are weighing, measuring, or counting salvage or returnable materials for purchase or redemption by them in retail stores, or, in the case of recycling centers, on the retail store premises or on a parking lot immediately adjacent to a retail store that is used for the purpose of parking by the store customers, directly from and in the presence of the seller. “Retailer” means an entity that derives 90 percent or more of its income from the sale of small quantities of food or nonfood items, or both, directly to consumers. “Salvage materials” means used paper products and used containers made of aluminum, tin, glass, or plastic. -(l) Any log scaler who performs log scaling functions, except weighing, as defined in the United States Forest Service Handbook, Supplement No. 4 of March 1987. -(m) Pawnbrokers licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code, and secondhand dealers licensed pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, when the pawnbroker or secondhand dealer weighs property that it acquires and reports the acquisition of the property pursuant to Section 21208 of the Financial Code or Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, respectively. -(n) This section shall become operative on January 1, 2017. -SEC. 4. -Section 12703.1 of the Business and Professions Code is amended to read: -12703.1. -(a) In addition to any other requirements for issuance of a license pursuant to this chapter, if the applicant is a recycler or junk dealer as defined in Section 21601, the department shall require the applicant to furnish all of the following information accurately on any application for a new license or the renewal of a license issued pursuant to this chapter: -(1) A copy of the applicant’s current business license. -(2) A statement indicating that the applicant has either filed an application for a stormwater permit or is not required to obtain a stormwater permit. -(3) A statement indicating that the applicant has the equipment necessary to comply with the photographic and thumbprinting requirements for the purchase and sale of nonferrous materials pursuant to Section 21608.5 or a statement indicating that the applicant will not be purchasing or selling nonferrous materials and is not required to comply with Section 21608.5. -(4) A statement indicating that the applicant has requested to receive theft alert notifications pursuant to subdivision (a) of Section 21608.7, unless that requirement does not apply pursuant to subdivision (b) of that section. -(5) The name or names of any deputy weighmasters. -(b) The department shall issue a license to a junk dealer or recycler upon receipt of an application for a new license or renewal of a license that contains the information required by subdivision (a) and that is accompanied by the appropriate fee. -(c) (1) On or before December 31, 2014, upon issuance of a license to a junk dealer or recycler, or renewal of such a license, the department shall make a thorough investigation of all of the information contained in the application within 90 days. If the license is issued or renewed on or after January 1, 2015, the department shall make a thorough investigation of all the information contained in the application within 90 days for a new license, and within one calendar year for a renewal of a license. -(2) Notwithstanding Section 12708, if the department determines that the information submitted pursuant to subdivision (a) is materially inaccurate, the department shall revoke the license issued to a junk dealer or recycler unless the junk dealer or recycler complies with the requirements of subdivision (a) within 14 days of notice from the department of a proposed revocation pursuant to this subdivision. -(3) A junk dealer or recycler whose license has been revoked pursuant to this subdivision is entitled to a hearing conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. -(d) The secretary may enter into a cooperative agreement with any county sealer to carry out the provisions of this section. -(e) This section shall not apply to a pawnbroker licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code and a secondhand dealer licensed pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8. -(f) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.","Existing law requires a person who weighs, measures, or counts a commodity and issues a statement or memorandum of the weight, measure, or count that is used as the basis for either the purchase or sale of that commodity or charge for service, to obtain a license as a weighmaster from the Department of Food and Agriculture, and imposes a license fee and various other requirements on weighmasters. Existing law exempts specified persons from those provisions by establishing a list of persons who are not weighmasters. Existing law, until January 1, 2019, requires the department to require a recycler or junk dealer who is an applicant for a new weighmaster license or a renewal of a weighmaster license to furnish specified additional information on the application. -This bill would add licensed pawnbrokers and secondhand dealers to the list of persons who are not weighmasters and would specify that pawnbrokers and secondhand dealers are exempt from the above-described provision applicable to a junk dealer or recycler who is an applicant for a weighmaster license.","An act to amend Sections 12701 and 12703.1 of the Business and Professions Code, relating to weighmasters." -459,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 18544 of the Elections Code is amended to read: -18544. -(a) -Any -It is unlawful for a -person in possession of a firearm -or any -, a -uniformed peace officer, private guard, or security -personnel -person -or any person who is wearing a uniform of a peace officer, guard, or security -personnel -person -, -who is -to be -stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate city or county elections official -. Violation of this section -is punishable by a fine not exceeding -ten -sixteen -thousand dollars -($10,000) -($16,000) -, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment. -The fine amount shall be adjusted annually by any annual increase in the California Consumer Price Index, as determined pursuant to Section 2212 of the Revenue and Taxation Code. -(b) This section -shall -does -not apply to -any of -the following: -(1) An unarmed uniformed guard or security -personnel -person -who is at the polling place to cast his or her vote. -(2) A peace officer who is conducting official business in the course of his or her public employment or who is at the polling place to cast his or her vote. -(3) A private guard or security -personnel -person -hired or arranged for by a city or county elections official. -(4) A private guard or security -personnel -person -hired or arranged for by the owner or manager of the facility or property in which the polling place is located if the guard or security -personnel -person -is not hired or arranged solely for the day on which an election is held. -SEC. 2. -Section 18545 of the Elections Code is amended to read: -18545. -Any person who hires or arranges for any other -It is unlawful for a person to hire or arrange for a -person in possession of a firearm -or any -, a -uniformed peace officer, private guard, or security -personnel -person -or any person who is wearing a uniform of a peace officer, guard, or security -personnel -person -, to be stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate elections official -. Violation of this section -is punishable by a fine not exceeding -ten -sixteen -thousand dollars -($10,000) -($16,000) -, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment. -The fine amount shall be adjusted annually by any annual increase in the California Consumer Price Index, as determined pursuant to Section 2212 of the Revenue and Taxation Code. -This section -shall -does -not apply to the owner or manager of the facility or property in which the polling place is located if the private guard or security -personnel -person -is not hired or arranged solely for the day on which the election is held. -SECTION 1. -Section 14026 of the -Elections Code -is amended to read: -14026. -As used in this chapter: -(a)“At-large method of election” means any of the following methods of electing members to the governing body of a political subdivision: -(1)One in which the voters of the entire jurisdiction elect the members to the governing body. -(2)One in which the candidates are required to reside within given areas of the jurisdiction and the voters of the entire jurisdiction elect the members to the governing body. -(3)One which combines at-large elections with district-based elections. -(b)“District-based elections” means a method of electing members to the governing body of a political subdivision in which the candidate must reside within an election district that is a divisible part of the political subdivision and is elected only by voters residing within that election district. -(c)“Political subdivision” means a geographic area of representation created for the provision of government services, including, but not limited to, a city, a school district, a community college district, or other district organized pursuant to state law. -(d)“Protected class” means a class of voters who are members of a race, color, or language minority group, as this class is defined in the federal Voting Rights Act (42 U.S.C. Sec. 1973 et seq.). -(e)“Racially polarized voting” means voting in which there is a difference, as defined in case law regarding enforcement of the federal Voting Rights Act (42 U.S.C. Sec. 1973 et seq.), in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate. The methodologies for estimating group voting behavior as approved in applicable federal cases to enforce the federal Voting Rights Act (42 U.S.C. Sec. 1973 et seq.) to establish racially polarized voting may be used for purposes of this section to prove that elections are characterized by racially polarized voting.","Existing law prohibits a person in possession of a firearm, uniformed peace officer, private guard, or security personnel from being stationed or posted at a polling place without written authorization of the appropriate elections official. Violation of this provision is punishable by a fine not exceeding $10,000, imprisonment in the state prison for 16 months or 2 or 3 years, or in a county jail for not more than one year, or by both fine and imprisonment. -Existing law prohibits the hiring of or arranging for a person in possession of a firearm, uniformed peace officer, private guard, or security personnel to be stationed or posted at a polling place without written authorization of the appropriate elections official. Violation of this provision is punishable by a fine not exceeding $10,000, imprisonment in the state prison for 16 months or 2 or 3 years, or in a county jail for not more than one year, or by both fine and imprisonment. -This bill would increase the maximum fine for those offenses to $16,000 and require that the fine amount be adjusted annually by any annual increase in the California Consumer Price Index, as described. -The California Voting Rights Act of 2001 (CVRA) prohibits the use of an at-large election in a political subdivision if it would impair the ability of a protected class, as defined, to elect candidates of its choice or otherwise influence the outcome of an election. The CVRA provides that a violation of the act is established if it is shown that racially polarized voting, as defined, has occurred, and provides that the occurrence of racially polarized voting shall be determined from examining the results of elections in which at least one candidate is a member of a protected class or elections involving ballot measures or other electoral choices that affect the rights and privileges of members of a protected class. The CVRA provides that a voter who is a member of a protected class, as specified, may bring an action in superior court to enforce the provisions of the CVRA, and, if the voter prevails in the case, he or she may be awarded reasonable litigation costs and attorney’s fees. -This bill would make technical, nonsubstantive changes to provisions of law defining several terms for purposes of the CVRA.","An act to amend -Section 14026 -Sections 18544 and 18545 -of the Elections Code, relating to elections." -460,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 30652 of the Food and Agricultural Code is amended to read: -30652. -All fees for the issuance of dog license tags and all fines collected pursuant to this division shall be paid into the county, city, or city and county treasury, as the case may be, and shall be used: -(a) First, to pay fees for the issuance of dog license tags. -(b) Second, to pay fees, salaries, costs, expenses, or any or all of them for the enforcement of this division and all ordinances which are made pursuant to this division. -(c) Third, to pay damages to owners of livestock which are killed by dogs. -(d) Fourth, to pay costs of any hospitalization or emergency care of animals pursuant to Section 597f of the Penal Code. -(e) Fifth, to pay for initial and in-service training for persons charged with enforcing animal control laws, including animal control officers. -SEC. 2. -Section 830.9 of the Penal Code is amended to read: -830.9. -(a) Animal control officers are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the power to serve warrants as specified in Sections 1523 and 1530 during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers pursuant to Section 832. -(b) (1) Every person appointed as an animal control officer prior to July 1, 2016, shall complete a course in the exercise of the powers of arrest -and to serve warrants -pursuant to Section 832 no later than July 1, 2017. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms. -(2) An animal control officer who completed a course in the exercise of the powers of arrest -and to serve warrants -pursuant to Section 832 prior to January 1, 2016, -and who has not had a break in employment, as an animal control officer or other position that utilized a peace officer’s powers of arrest and to serve warrants, of longer than three years, -shall be deemed to have satisfied the training requirements described in paragraph (1). -(c) Every person appointed as an animal control officer on or after July 1, 2016, shall complete a course in the exercise of the powers of arrest -and to serve warrants -pursuant to Section 832 within one year of his or her appointment. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms. -(d) Every animal control officer described in this section, prior to the exercise of the powers of -arrest and to serve warrants, -arrest, -shall have satisfactorily completed the course of training described in Section 832. -An animal control officer is not required to repeat the course of training described in Section 832 if the officer has not had a break in employment, as an animal control officer or other position that utilized a peace officer’s powers of arrest and to serve warrants, of longer than three years. -(e) Every person appointed as a director, manager, or supervisor, or any person in direct control of -the officers employed by -an animal control agency, on or after July 1, 2016, shall complete a course in the exercise of the powers of arrest -and to serve warrants -pursuant to Section 832 within one year of his or her appointment. -(f) (1) During each three-year period following the date described in paragraph (2), every animal control officer shall satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer, which education and training shall be sponsored or provided by an accredited postsecondary institution, the Commission on Peace Officer Standards and Training, a law enforcement agency, the National Animal Care and Control Association, the California Animal Control Directors Association, the California Veterinary Medical Association, or the State Humane Association of California. -(2) Every animal control officer appointed prior to July 1, 2016, shall comply with the requirements of paragraph (1) no later than July 1, 2019, and every three years thereafter. Every animal control officer appointed on or after July 1, 2016, shall comply with the requirements of paragraph (1) within three years of the date of his or her appointment, and every three years thereafter. -(3) -The minimum hours and required topics of continuing education and training may be determined by the California Animal Control Directors Association. -Continuing education and training shall include at least four hours of -course work -coursework -in the exercise of the powers of arrest and to serve warrants taught by a Commission on Peace Officer Standards and Training certified -instructor. -instructor, four hours of course -work in officer safety, four hours of course -work in animal-related laws, four hours of course -work in conducting investigations, and four hours of course -work in one or more of the topics of animal handling, animal care, animal diseases, or public health. -This section does not restrict the ability of an agency employing an animal control officer from providing the training required by this subdivision utilizing instructors or curriculum from within the agency or from an allied agency, provided the topic and length of instruction otherwise comply with this subdivision. -(4) Records of training shall be maintained by the animal control officer’s employing agency. -(5) The failure to satisfactorily complete the continuing education and training requirements under this subdivision within 90 days after the expiration of each three-year period shall result in the immediate suspension of the authority granted under subdivision (a). -(g) This section does not supersede any existing training requirements, including, but not limited to, the training requirements set forth in subdivision (g) of Section 22295. -(h) This section does not apply to an animal control officer who is a peace officer pursuant to Section 830.1. -(i) For the purposes of this section, “firearms” includes capture guns, blowguns, carbon dioxide operated rifles and pistols, air guns, handguns, rifles, and shotguns. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice. Existing law requires the commission to carry out various duties related to the education and training of peace officers, as defined. -Existing law provides that animal control officers are not peace officers but may exercise the powers of arrest of a peace officer and the power to serve warrants, as specified, during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers. -This bill would require every person appointed as an animal control officer prior to July 1, 2016, to complete a course in the exercise of the powers of arrest -and to serve warrants -no later than July 1, 2017. This bill would require every person appointed as an animal control officer, and every person appointed as a director, manager, or supervisor, or any person in direct control of -the officers employed by -an animal control agency, on or after July 1, 2016, to complete a course in the exercise of the powers of arrest -and to serve warrants -within one year of his or her appointment, as specified. This bill would require every animal control officer, prior to the exercise of the powers of -arrest and to serve warrants, -arrest, -to have satisfactorily completed the required course of training. -This bill would also require every animal control officer appointed prior to July 1, 2016, to satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer, no later than July 1, 2019, and every 3 years thereafter, as specified. The bill would require every animal control officer appointed on or after July 1, 2016, to comply with those requirements within 3 years of the date of his or her appointment, and every 3 years thereafter. -The bill would specify that the above training and continuing training requirements do not apply to an animal control officer who is a peace officer. -By imposing new training requirements on local employees, this bill would impose a state-mandated local program. -(2) Existing law provides for the regulation and licensing of dogs, including the issuance of dog license tags. Existing law requires that fees for the issuance of dog license tags and fines collected for a violation of the provisions regulating and licensing dogs be paid into the county, city, or city and county treasury and that they be used for specified purposes, including to pay costs and expenses for the enforcement of those provisions. -This bill would expand the list of purposes for which those fees and fines -shall -are required to -be used to include paying for initial and in-service training for persons charged with enforcing animal control laws, including animal control officers. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 30652 of the Food and Agricultural Code, and to amend Section 830.9 of the Penal Code, relating to animal control officers." -461,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2290.5 of the Business and Professions Code is amended to read: -2290.5. -(a) For purposes of this division, the following definitions shall apply: -(1) “Asynchronous store and forward” means the transmission of a patient’s medical information from an originating site to the health care provider at a distant site without the presence of the patient. -(2) “Distant site” means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system. -(3) “Health care provider” means either of the following: -(A) A person who is licensed under this division. -(B) A marriage and family therapist intern or trainee functioning pursuant to Section 4980.43. -(4) “Originating site” means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates. -(5) “Synchronous interaction” means a real-time interaction between a patient and a health care provider located at a distant site. -(6) “Telehealth” means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care while the patient is at the originating site and the health care provider is at a distant site. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers. -(b) Prior to the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented. -(c) Nothing in this section shall preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth. -(d) The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section. -(e) This section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law. -(f) All laws regarding the confidentiality of health care information and a patient’s rights to his or her medical information shall apply to telehealth interactions. -(g) This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility. -(h) (1) Notwithstanding any other provision of law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations. -(2) By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1). -(3) For the purposes of this subdivision, “telehealth” shall include “telemedicine” as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations. -SEC. 2. -Section 4980.43 of the Business and Professions Code is amended to read: -4980.43. -(a) Prior to applying for licensure examinations, each applicant shall complete experience that shall comply with the following: -(1) A minimum of 3,000 hours completed during a period of at least 104 weeks. -(2) Not more than 40 hours in any seven consecutive days. -(3) Not less than 1,700 hours of supervised experience completed subsequent to the granting of the qualifying master’s or doctoral degree. -(4) Not more than 1,300 hours of supervised experience obtained prior to completing a master’s or doctoral degree. -The applicant shall not be credited with more than 750 hours of counseling and direct supervisor contact prior to completing the master’s or doctoral degree. -(5) No hours of experience may be gained prior to completing either 12 semester units or 18 quarter units of graduate instruction and becoming a trainee except for personal psychotherapy. -(6) No hours of experience may be gained more than six years prior to the date the application for examination eligibility was filed, except that up to 500 hours of clinical experience gained in the supervised practicum required by subdivision (c) of Section 4980.37 and subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 shall be exempt from this six-year requirement. -(7) Not more than a combined total of 1,000 hours of experience in the following: -(A) Direct supervisor contact. -(B) Professional enrichment activities. For purposes of this chapter, “professional enrichment activities” include the following: -(i) Workshops, seminars, training sessions, or conferences directly related to marriage and family therapy attended by the applicant that are approved by the applicant’s supervisor. An applicant shall have no more than 250 hours of verified attendance at these workshops, seminars, training sessions, or conferences. -(ii) Participation by the applicant in personal psychotherapy, which includes group, marital or conjoint, family, or individual psychotherapy by an appropriately licensed professional. An applicant shall have no more than 100 hours of participation in personal psychotherapy. The applicant shall be credited with three hours of experience for each hour of personal psychotherapy. -(8) Not more than 500 hours of experience providing group therapy or group counseling. -(9) For all hours gained on or after January 1, 2012, not more than 500 hours of experience in the following: -(A) Experience administering and evaluating psychological tests, writing clinical reports, writing progress notes, or writing process notes. -(B) Client centered advocacy. -(10) Not less than 500 total hours of experience in diagnosing and treating couples, families, and children. For up to 150 hours of treating couples and families in conjoint therapy, the applicant shall be credited with two hours of experience for each hour of therapy provided. -(11) Not more than 375 hours of experience providing personal psychotherapy, crisis counseling, or other counseling services via telehealth in accordance with Section 2290.5. -(12) It is anticipated and encouraged that hours of experience will include working with elders and dependent adults who have physical or mental limitations that restrict their ability to carry out normal activities or protect their rights. -This subdivision shall only apply to hours gained on and after January 1, 2010. -(b) All applicants, trainees, and registrants shall be at all times under the supervision of a supervisor who shall be responsible for ensuring that the extent, kind, and quality of counseling performed is consistent with the training and experience of the person being supervised, and who shall be responsible to the board for compliance with all laws, rules, and regulations governing the practice of marriage and family therapy. Supervised experience shall be gained by interns and trainees only as an employee or as a volunteer. The requirements of this chapter regarding gaining hours of experience and supervision are applicable equally to employees and volunteers. Experience shall not be gained by interns or trainees as an independent contractor. -(1) If employed, an intern shall provide the board with copies of the corresponding W-2 tax forms for each year of experience claimed upon application for licensure. -(2) If volunteering, an intern shall provide the board with a letter from his or her employer verifying the intern’s employment as a volunteer upon application for licensure. -(c) Except for experience gained pursuant to subparagraph (B) of paragraph (7) of subdivision (a), supervision shall include at least one hour of direct supervisor contact in each week for which experience is credited in each work setting, as specified: -(1) A trainee shall receive an average of at least one hour of direct supervisor contact for every five hours of client contact in each setting. No more than six hours of supervision, whether individual or group, shall be credited during any single week. -(2) An individual supervised after being granted a qualifying degree shall receive at least one additional hour of direct supervisor contact for every week in which more than 10 hours of client contact is gained in each setting. No more than six hours of supervision, whether individual or group, shall be credited during any single week. -(3) For purposes of this section, “one hour of direct supervisor contact” means one hour per week of face-to-face contact on an individual basis or two hours per week of face-to-face contact in a group. -(4) Direct supervisor contact shall occur within the same week as the hours claimed. -(5) Direct supervisor contact provided in a group shall be provided in a group of not more than eight supervisees and in segments lasting no less than one continuous hour. -(6) Notwithstanding paragraph (3), an intern working in a governmental entity, a school, a college, or a university, or an institution that is both nonprofit and charitable may obtain the required weekly direct supervisor contact via two-way, real-time videoconferencing. The supervisor shall be responsible for ensuring that client confidentiality is upheld. -(7) All experience gained by a trainee shall be monitored by the supervisor as specified by regulation. -(8) The six hours of supervision that may be credited during any single week pursuant to paragraphs (1) and (2) shall apply to supervision hours gained on or after January 1, 2009. -(d) (1) A trainee may be credited with supervised experience completed in any setting that meets all of the following: -(A) Lawfully and regularly provides mental health counseling or psychotherapy. -(B) Provides oversight to ensure that the trainee’s work at the setting meets the experience and supervision requirements set forth in this chapter and is within the scope of practice for the profession as defined in Section 4980.02. -(C) Is not a private practice owned by a licensed marriage and family therapist, a licensed professional clinical counselor, a licensed psychologist, a licensed clinical social worker, a licensed physician and surgeon, or a professional corporation of any of those licensed professions. -(2) Experience may be gained by the trainee solely as part of the position for which the trainee volunteers or is employed. -(e) (1) An intern may be credited with supervised experience completed in any setting that meets both of the following: -(A) Lawfully and regularly provides mental health counseling or psychotherapy. -(B) Provides oversight to ensure that the intern’s work at the setting meets the experience and supervision requirements set forth in this chapter and is within the scope of practice for the profession as defined in Section 4980.02. -(2) An applicant shall not be employed or volunteer in a private practice, as defined in subparagraph (C) of paragraph (1) of subdivision (d), until registered as an intern. -(3) While an intern may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration to interns. -(4) Except for periods of time during a supervisor’s vacation or sick leave, an intern who is employed or volunteering in private practice shall be under the direct supervision of a licensee that has satisfied the requirements of subdivision (g) of Section 4980.03. The supervising licensee shall either be employed by and practice at the same site as the intern’s employer, or shall be an owner or shareholder of the private practice. Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the supervision meets the requirements of this section. -(5) Experience may be gained by the intern solely as part of the position for which the intern volunteers or is employed. -(f) Except as provided in subdivision (g), all persons shall register with the board as an intern in order to be credited for postdegree hours of supervised experience gained toward licensure. -(g) Except when employed in a private practice setting, all postdegree hours of experience shall be credited toward licensure so long as the applicant applies for the intern registration within 90 days of the granting of the qualifying master’s or doctoral degree and is thereafter granted the intern registration by the board. -(h) Trainees, interns, and applicants shall not receive any remuneration from patients or clients, and shall only be paid by their employers. -(i) Trainees, interns, and applicants shall only perform services at the place where their employers regularly conduct business, which may include performing services at other locations, so long as the services are performed under the direction and control of their employer and supervisor, and in compliance with the laws and regulations pertaining to supervision. For purposes of paragraph (3) of subdivision (a) of Section 2290.5, interns and trainees working under licensed supervision, consistent with subdivision (b), may provide services via telehealth within the scope authorized by this chapter and in accordance with any regulations governing the use of telehealth promulgated by the board. Trainees and interns shall have no proprietary interest in their employers’ businesses and shall not lease or rent space, pay for furnishings, equipment, or supplies, or in any other way pay for the obligations of their employers. -(j) Trainees, interns, or applicants who provide volunteered services or other services, and who receive no more than a total, from all work settings, of five hundred dollars ($500) per month as reimbursement for expenses actually incurred by those trainees, interns, or applicants for services rendered in any lawful work setting other than a private practice shall be considered an employee and not an independent contractor. The board may audit applicants who receive reimbursement for expenses, and the applicants shall have the burden of demonstrating that the payments received were for reimbursement of expenses actually incurred. -(k) Each educational institution preparing applicants for licensure pursuant to this chapter shall consider requiring, and shall encourage, its students to undergo individual, marital or conjoint, family, or group counseling or psychotherapy, as appropriate. Each supervisor shall consider, advise, and encourage his or her interns and trainees regarding the advisability of undertaking individual, marital or conjoint, family, or group counseling or psychotherapy, as appropriate. Insofar as it is deemed appropriate and is desired by the applicant, the educational institution and supervisors are encouraged to assist the applicant in locating that counseling or psychotherapy at a reasonable cost.","Under existing law, “telehealth” is defined as the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care while the patient is at the originating site and the health care provider is at a distant site, and “health care provider” is defined as a person who is licensed under specified provisions of law relating to healing arts. Existing law requires a health care provider prior to the delivery of health care services via telehealth to inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth. Existing law, the Licensed Marriage and Family Therapist Act, provides for the registration of marriage and family therapist interns and regulates marriage and family therapist trainees. Existing law requires applicants for a marriage and family therapist license to complete specified experience subject to certain limitations, including no more than a certain number of hours providing counseling services via telehealth. Existing law requires all marriage and family therapist trainees and registrants to be supervised at all times by a supervisor, as defined, responsible for ensuring that the extent, kind, and quality of counseling performed is consistent with the training and experience of the person being supervised. Existing law requires the supervisor to be responsible to the board for compliance with all laws, rules, and regulations governing the practice of marriage and family therapy. -This bill would expand the definition of health care provider to include a marriage and family therapist intern or trainee, as specified. The bill would also authorize a marriage and family therapist intern and trainee to provide services via telehealth if he or she is supervised as required by the act, and is acting within the scope authorized by the act and in accordance with any regulations governing the use of telehealth promulgated by the Board of Behavioral Sciences.","An act to amend Sections 2290.5 and 4980.43 of the Business and Professions Code, relating to healing arts." -462,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1720 of the Labor Code is amended to read: -1720. -(a) As used in this chapter, “public works” means: -(1) Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds, except work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority. For purposes of this paragraph, “construction” includes work performed during the design and preconstruction phases of construction, including, but not limited to, inspection and land surveying work, and work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. For purposes of this paragraph, “installation” includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems. -(2) Work done for irrigation, utility, reclamation, and improvement districts, and other districts of this type. “Public work” does not include the operation of the irrigation or drainage system of any irrigation or reclamation district, except as used in Section 1778 relating to retaining wages. -(3) Street, sewer, or other improvement work done under the direction and supervision or by the authority of any officer or public body of the state, or of any political subdivision or district thereof, whether the political subdivision or district operates under a freeholder’s charter or not. -(4) The laying of carpet done under a building lease-maintenance contract and paid for out of public funds. -(5) The laying of carpet in a public building done under contract and paid for in whole or in part out of public funds. -(6) Public transportation demonstration projects authorized pursuant to Section 143 of the Streets and Highways Code. -(7) (A) Infrastructure project grants from the California Advanced Services Fund pursuant to Section 281 of the Public Utilities Code. -(B) For purposes of this paragraph, the Public Utilities Commission is not the awarding body or the body awarding the contract, as defined in Section 1722. -(b) For purposes of this section, “paid for in whole or in part out of public funds” means all of the following: -(1) The payment of money or the equivalent of money by the state or political subdivision directly to or on behalf of the public works contractor, subcontractor, or developer. -(2) Performance of construction work by the state or political subdivision in execution of the project. -(3) Transfer by the state or political subdivision of an asset of value for less than fair market price. -(4) Fees, costs, rents, insurance or bond premiums, loans, interest rates, or other obligations that would normally be required in the execution of the contract, that are paid, reduced, charged at less than fair market value, waived, or forgiven by the state or political subdivision. -(5) Money loaned by the state or political subdivision that is to be repaid on a contingent basis. -(6) Credits that are applied by the state or political subdivision against repayment obligations to the state or political subdivision. -(c) Notwithstanding subdivision (b): -(1) Private residential projects built on private property are not subject to the requirements of this chapter unless the projects are built pursuant to an agreement with a state agency, redevelopment agency, or local public housing authority. -(2) If the state or a political subdivision requires a private developer to perform construction, alteration, demolition, installation, or repair work on a public work of improvement as a condition of regulatory approval of an otherwise private development project, and the state or political subdivision contributes no more money, or the equivalent of money, to the overall project than is required to perform this public improvement work, and the state or political subdivision maintains no proprietary interest in the overall project, then only the public improvement work shall thereby become subject to this chapter. -(3) (A) If the state or a political subdivision reimburses a private developer for costs that would normally be borne by the public, or provides directly or indirectly a public subsidy to a private development project that is de minimis in the context of the project, an otherwise private development project shall not thereby become subject to the requirements of this chapter. -(B) For purposes of subparagraph (A), a public subsidy is de minimis if it is both less than two hundred fifty thousand dollars ($250,000) and less than 2 percent of the total project cost. This subparagraph shall not apply to a project that was advertised for bid, or a contract that was awarded, before July 1, 2016. -(4) The construction or rehabilitation of affordable housing units for low- or moderate-income persons pursuant to paragraph (5) or (7) of subdivision (e) of Section 33334.2 of the Health and Safety Code that are paid for solely with moneys from the Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the Health and Safety Code or that are paid for by a combination of private funds and funds available pursuant to Section 33334.2 or 33334.3 of the Health and Safety Code do not constitute a project that is paid for in whole or in part out of public funds. -(5) Unless otherwise required by a public funding program, the construction or rehabilitation of privately owned residential projects is not subject to the requirements of this chapter if one or more of the following conditions are met: -(A) The project is a self-help housing project in which no fewer than 500 hours of construction work associated with the homes are to be performed by the home buyers. -(B) The project consists of rehabilitation or expansion work associated with a facility operated on a not-for-profit basis as temporary or transitional housing for homeless persons with a total project cost of less than twenty-five thousand dollars ($25,000). -(C) Assistance is provided to a household as either mortgage assistance, downpayment assistance, or for the rehabilitation of a single-family home. -(D) The project consists of new construction, expansion, or rehabilitation work associated with a facility developed by a nonprofit organization to be operated on a not-for-profit basis to provide emergency or transitional shelter and ancillary services and assistance to homeless adults and children. The nonprofit organization operating the project shall provide, at no profit, not less than 50 percent of the total project cost from nonpublic sources, excluding real property that is transferred or leased. Total project cost includes the value of donated labor, materials, architectural, and engineering services. -(E) The public participation in the project that would otherwise meet the criteria of subdivision (b) is public funding in the form of below-market interest rate loans for a project in which occupancy of at least 40 percent of the units is restricted for at least 20 years, by deed or regulatory agreement, to individuals or families earning no more than 80 percent of the area median income. -(d) Notwithstanding any provision of this section to the contrary, the following projects shall not, solely by reason of this section, be subject to the requirements of this chapter: -(1) Qualified residential rental projects, as defined by Section 142(d) of the Internal Revenue Code, financed in whole or in part through the issuance of bonds that receive allocation of a portion of the state ceiling pursuant to Chapter 11.8 (commencing with Section 8869.80) of Division 1 of Title 2 of the Government Code on or before December 31, 2003. -(2) Single-family residential projects financed in whole or in part through the issuance of qualified mortgage revenue bonds or qualified veterans’ mortgage bonds, as defined by Section 143 of the Internal Revenue Code, or with mortgage credit certificates under a Qualified Mortgage Credit Certificate Program, as defined by Section 25 of the Internal Revenue Code, that receive allocation of a portion of the state ceiling pursuant to Chapter 11.8 (commencing with Section 8869.80) of Division 1 of Title 2 of the Government Code on or before December 31, 2003. -(3) Low-income housing projects that are allocated federal or state low-income housing tax credits pursuant to Section 42 of the Internal Revenue Code, Chapter 3.6 (commencing with Section 50199.4) of Part 1 of Division 31 of the Health and Safety Code, or Section 12206, 17058, or 23610.5 of the Revenue and Taxation Code, on or before December 31, 2003. -(e) If a statute, other than this section, or a regulation, other than a regulation adopted pursuant to this section, or an ordinance or a contract applies this chapter to a project, the exclusions set forth in subdivision (d) do not apply to that project. -(f) For purposes of this section, references to the Internal Revenue Code mean the Internal Revenue Code of 1986, as amended, and include the corresponding predecessor sections of the Internal Revenue Code of 1954, as amended. -(g) The amendments made to this section by either Chapter 938 of the Statutes of 2001 or the act adding this subdivision shall not be construed to preempt local ordinances requiring the payment of prevailing wages on housing projects.","Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Existing law defines “public works” to include, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds, but exempts from that definition, among other projects, an otherwise private development project if the state or political subdivision provides, directly or indirectly, a public subsidy to the private development project that is de minimis in the context of the project. -This bill would provide that a public subsidy is de minimis if it is both less than $250,000 and less than 2% of the total project cost. The bill would specify that those provisions do not apply to a project that was advertised for bid, or a contract that was awarded, before July 1, 2016.","An act to amend Section 1720 of the Labor Code, relating to public works." -463,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 987.010 is added to the Military and Veterans Code, immediately following Section 987.009, to read: -987.010. -The departments shall give a preference to applicants for funding from the Veterans Housing and Homeless Prevention Bond Act of 2014 for supportive housing projects when the applicant can demonstrate a multiyear commitment of Mental Health Services Act funding for the applicant’s project funding plan. -SEC. 2. -Section 5845 of the Welfare and Institutions Code is amended to read: -5845. -(a) The Mental Health Services Oversight and Accountability Commission is hereby established to oversee Part 3 (commencing with Section 5800), the Adult and Older Adult Mental Health System of Care Act; Part 3.1 (commencing with Section 5820), Human Resources, Education, and Training Programs; Part 3.2 (commencing with Section 5830), Innovative Programs; Part 3.6 (commencing with Section 5840), Prevention and Early Intervention Programs; and Part 4 (commencing with Section 5850), the Children’s Mental Health Services Act. The commission shall replace the advisory committee established pursuant to Section 5814. The commission shall consist of 18 voting members as follows: -(1) The Attorney General or his or her designee. -(2) The Superintendent of Public Instruction or his or her designee. -(3) The Chairperson of the Senate Health and Human Services Committee or another member of the Senate selected by the President pro Tempore of the Senate. -(4) The Chairperson of the Assembly Health Committee or another member of the Assembly selected by the Speaker of the Assembly. -(5) Two persons with a severe mental illness, a family member of an adult or senior with a severe mental illness, a family member of a child who has or has had a severe mental illness, a physician specializing in alcohol and drug treatment, a mental health professional, a county sheriff, a superintendent of a school district, a representative of a labor organization, a representative of an employer with less than 500 employees and a representative of an employer with more than 500 employees, a person with knowledge and experience in reducing mental health disparities, a veteran with knowledge about veteran’s mental health issues, and a representative of a health care services plan or insurer, all appointed by the Governor. In making appointments, the Governor shall seek individuals who have had personal or family experience with mental illness. -(b) Members shall serve without compensation, but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties. -(c) The term of each member shall be three years, to be staggered so that approximately one-third of the appointments expire in each year. -(d) In carrying out its duties and responsibilities, the commission may do all of the following: -(1) Meet at least once each quarter at any time and location convenient to the public as it may deem appropriate. All meetings of the commission shall be open to the public. -(2) Within the limit of funds allocated for these purposes, pursuant to the laws and regulations governing state civil service, employ staff, including any clerical, legal, and technical assistance as may appear necessary. The commission shall administer its operations separate and apart from the State Department of Health Care Services and the California Health and Human Services Agency. -(3) Establish technical advisory committees such as a committee of consumers and family members. -(4) Employ all other appropriate strategies necessary or convenient to enable it to fully and adequately perform its duties and exercise the powers expressly granted, notwithstanding any authority expressly granted to any officer or employee of state government. -(5) Enter into contracts. -(6) Obtain data and information from the State Department of Health Care Services, the Office of Statewide Health Planning and Development, or other state or local entities that receive Mental Health Services Act funds, for the commission to utilize in its oversight, review, training and technical assistance, accountability, and evaluation capacity regarding projects and programs supported with Mental Health Services Act funds. -(7) Participate in the joint state-county decisionmaking process, as contained in Section 4061, for training, technical assistance, and regulatory resources to meet the mission and goals of the state’s mental health system. -(8) Develop strategies to overcome stigma and discrimination, and accomplish all other objectives of Part 3.2 (commencing with Section 5830), 3.6 (commencing with Section 5840), and the other provisions of the act establishing this commission. -(9) At any time, advise the Governor or the Legislature regarding actions the state may take to improve care and services for people with mental illness. -(10) If the commission identifies a critical issue related to the performance of a county mental health program, it may refer the issue to the State Department of Health Care Services pursuant to Section 5655. -(11) Assist in providing technical assistance to accomplish the purposes of the Mental Health Services Act, Part 3 (commencing with Section 5800), and Part 4 (commencing with Section 5850) in collaboration with the State Department of Health Care Services and in consultation with the California Mental Health Directors Association. -(12) Work in collaboration with the State Department of Health Care Services and the California Mental Health Planning Council, and in consultation with the California Mental Health Directors Association, in designing a comprehensive joint plan for a coordinated evaluation of client outcomes in the community-based mental health system, including, but not limited to, parts listed in subdivision (a). The California Health and Human Services Agency shall lead this comprehensive joint plan effort. -SEC. 3. -Section 14684 of the Welfare and Institutions Code is amended to read: -14684. -Notwithstanding any other law, and to the extent permitted by federal law, mental health plans, whether administered by public or private entities, shall be governed by the following guidelines: -(a) State and federal Medi-Cal funds identified for the diagnosis and treatment of mental illness shall be used solely for those purposes. Administrative costs incurred by counties for activities necessary for the administration of the mental health plan shall be clearly identified and shall be reimbursed in a manner consistent with federal Medicaid requirements and the approved Medicaid state plan and waivers. Administrative requirements shall be based on and limited to federal Medicaid requirements and the approved Medicaid state plan and waivers, and shall not impose costs exceeding funds available for that purpose. -(b) The development of the mental health plan shall include a public planning process that includes a significant role for Medi-Cal beneficiaries, family members, mental health advocates, providers, and public and private contract agencies. -(c) The mental health plan shall include appropriate standards relating to quality, access, and coordination of services within a managed system of care, and costs established under the plan, and shall provide opportunities for existing Medi-Cal providers to continue to provide services under the mental health plan, as long as the providers meet those standards. -(d) Continuity of care for current recipients of services shall be ensured in the transition to managed mental health care. -(e) Medi-Cal covered specialty mental health services shall be provided in the beneficiary’s home community, or as close as possible to the beneficiary’s home community. Pursuant to the objectives of the rehabilitation option described in subdivision (a) of Section 14021.4, mental health services may be provided in a facility, a home, or other community-based site. -(f) Medi-Cal beneficiaries whose mental or emotional condition results or has resulted in functional impairment, as defined by the department, shall be eligible for covered specialty mental health services. Emphasis shall be placed on adults with serious and persistent mental illness and children with serious emotional disturbances, as defined by the department. -(g) Mental health plans shall provide specialty mental health services to eligible Medi-Cal beneficiaries, including both adults and children. Specialty mental health services include Early and Periodic Screening, Diagnosis, and Treatment Services to eligible Medi-Cal beneficiaries under -the age of -21 -years of age -pursuant to Section 1396d(a)(4)(B) of Title 42 of the United States Code. -(h) Each mental health plan shall include a mechanism for monitoring the effectiveness of, and evaluating accessibility and quality of, services available. The plan shall utilize and be based upon state-adopted performance outcome measures and shall include review of individual service plan procedures and practices, a beneficiary satisfaction component, and a grievance system for beneficiaries and providers. -(i) Each mental health plan shall provide for culturally competent and age-appropriate services, to the extent feasible. The mental health plan shall assess the cultural competency needs of the program. The mental health plan shall include, as part of the quality assurance program required by Section 14725, a process to accommodate the significant needs with reasonable timeliness. The department shall provide demographic data and technical assistance. Performance outcome measures shall include a reliable method of measuring and reporting the extent to which services are culturally competent and -age-appropriate. -age appropriate. -The department shall -submit -post -the cultural competence plan component of each mental health plan -to the Legislature, in compliance with Section 9795 of the Government Code, -on a dedicated Internet Web page -within 30 days after the mental health plan has been submitted to the department for -approval. -approval and shall notify the appropriate fiscal and policy committees of the Legislature once the plan is available on the Internet Web page. -SEC. 4. -The Legislature finds and declares that Section 2 of this act is consistent with, and furthers the purposes of, the Mental Health Services Act.","Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Fund to fund various county mental health programs, and establishes the Mental Health Services Oversight and Accountability Commission, which consists of 16 members, to oversee the administration of various parts of the act. Existing law authorizes the act to be amended by a -2/3 -vote of the Legislature if the amendments are consistent with, and further the purposes of, the act. -This bill would expand the commission by 2 additional members who each have specified mental health knowledge and experience, to be appointed by the Governor. By amending the provisions of the Mental Health Services Act, this bill requires a -2/3 -vote of the Legislature. -Existing law, the Veterans Housing and Homeless Prevention Bond Act of 2014 (bond act), an initiative measure enacted by the voters as Proposition 41 at the June 3, 2014, primary election, authorized $600 million in bonds to provide multifamily housing to low-income veterans and supportive housing for homeless veterans, through the Veterans Housing and Homeless Prevention Act of 2014. Existing law, the Veterans Housing and Homeless Prevention Act of 2014, provides for the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable transitional housing, affordable rental housing, and related facilities for veterans and their families to allow veterans to access and maintain housing stability. Existing law requires the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs, to work collaboratively for those purposes. -This bill would require those departments to give a preference to applicants for funding pursuant to the bond act for supportive housing projects when the applicant can demonstrate a multiyear commitment of Mental Health Services Act funding for the applicant’s housing project funding plan. -Existing law requires county mental health plans, whether administered by public or private entities, to be governed by specified guidelines, including, among other things, providing for culturally competent and age-appropriate services, to the extent feasible. Existing law requires a mental health plan to have a cultural competence plan with specified components. -This bill would require the Department of Health Care Services to -submit -post -the cultural competence plan component of each county mental health plan -to the Legislature -on a dedicated Internet Web page -within 30 days of the department receiving the -plan. -plan and to notify the appropriate fiscal and policy committees of the Legislature when the plan is available on the Internet Web page. -The bill would declare that the amendments to the provisions of the Mental Health Services Act are consistent with, and further the purposes of, that act.","An act to add Section 987.010 to the Military and Veterans Code, and to amend Sections 5845 and 14684 of the Welfare and Institutions Code, relating to mental health." -464,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature that the statutory changes made by this act do both of the following: -(a) Encourage increased voter participation. -(b) Not alter the date of a runoff election provided for in the principal act of a district. -SEC. 2. -Section 1000 of the Elections Code is amended to read: -1000. -(a) The established election dates in each year are as follows: -(1) The second Tuesday of April in each even-numbered year. -(2) The first Tuesday after the first Monday in March of each odd-numbered year. -(3) The first Tuesday after the first Monday in June in each year. -(4) The first Tuesday after the first Monday in November of each year. -(b) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 3. -Section 1000 is added to the Elections Code, to read: -1000. -(a) The established election dates in each year are as follows: -(1) The first Tuesday after the first Monday in June. -(2) The first Tuesday after the first Monday in November. -(b) This section shall become operative on January 1, 2020. -SEC. 4. -Section 1301 of the Elections Code is amended to read: -1301. -(a) Except as required by Section 57379 of the Government Code, and except as provided in subdivision (b), a general municipal election shall be held on an established election date pursuant to Section 1000. -(b) (1) Notwithstanding subdivision (a), a city council may enact an ordinance, pursuant to Division 10 (commencing with Section 10000), requiring its general municipal election to be held the same day as the statewide direct primary election, the day of the statewide general election, the day of school district elections as set forth in Section 1302, the first Tuesday after the first Monday of March in each odd-numbered year, or the second Tuesday of April in each year. An ordinance adopted pursuant to this subdivision shall become operative upon approval by the board of supervisors. -(2) In the event of consolidation, the general municipal election shall be conducted in accordance with all applicable procedural requirements of this code pertaining to that primary, general, or school district election, and shall thereafter occur in consolidation with that election. -(c) If a city adopts an ordinance described in subdivision (b), the municipal election following the adoption of the ordinance and each municipal election thereafter shall be conducted on the date specified by the city council, in accordance with subdivision (b), unless the ordinance in question is later repealed by the city council. -(d) If the date of a general municipal election is changed pursuant to subdivision (b), at least one election shall be held before the ordinance, as approved by the board of supervisors, may be subsequently repealed or amended. -(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 5. -Section 1301 is added to the Elections Code, to read: -1301. -(a) Except as required by Section 57379 of the Government Code, and except as provided in subdivision (b), a general municipal election shall be held on an established election date pursuant to Section 1000. -(b) (1)   A city council may enact an ordinance, pursuant to Division 10 (commencing with Section 10000), requiring its general municipal election to be held the same day as the statewide direct primary election, the day of the statewide general election, or the day of school district elections as set forth in Section 1302. An ordinance adopted pursuant to this subdivision shall become operative upon approval by the board of supervisors. -(2) In the event of consolidation, the general municipal election shall be conducted in accordance with all applicable procedural requirements of this code pertaining to that primary, general, or school district election, and shall thereafter occur in consolidation with that election. -(c) If a city adopts an ordinance described in subdivision (b), the municipal election following the adoption of the ordinance and each municipal election thereafter shall be conducted on the date specified by the city council, in accordance with subdivision (b), unless the ordinance in question is later repealed by the city council. -(d) If the date of a general municipal election is changed pursuant to subdivision (b), at least one election shall be held before the ordinance, as approved by the board of supervisors, may be subsequently repealed or amended. -(e) This section shall become operative on January 1, 2020. -SEC. 6. -Section 13112 of the Elections Code is amended to read: -13112. -The Secretary of State shall conduct a drawing of the letters of the alphabet, the result of which shall be known as a randomized alphabet. The procedure shall be as follows: -(a) Each letter of the alphabet shall be written on a separate slip of paper, each of which shall be folded and inserted into a capsule. Each capsule shall be opaque and of uniform weight, color, size, shape, and texture. The capsules shall be placed in a container, which shall be shaken vigorously in order to mix the capsules thoroughly. The container then shall be opened and the capsules removed at random one at a time. As each capsule is removed, it shall be opened and the letter on the slip of paper read aloud and written down. The resulting random order of letters constitutes the randomized alphabet, which is to be used in the same manner as the conventional alphabet in determining the order of all candidates in all elections. For example, if two candidates with the surnames Campbell and Carlson are running for the same office, their order on the ballot will depend on the order in which the letters M and R were drawn in the randomized alphabet drawing. -(b) (1) There shall be six drawings, three in each even-numbered year and three in each odd-numbered year. Each drawing shall be held at 11 a.m. on the date specified in this subdivision. The results of each drawing shall be mailed immediately to each county elections official responsible for conducting an election to which the drawing applies, who shall use it in determining the order on the ballot of the names of the candidates for office. -(A) The first drawing under this subdivision shall take place on the 82nd day before the April general law city elections of an even-numbered year, and shall apply to those elections and any other elections held at the same time. -(B) The second drawing under this subdivision shall take place on the 82nd day before the direct primary of an even-numbered year, and shall apply to all candidates on the ballot in that election. -(C) (i) The third drawing under this subdivision shall take place on the 82nd day before the November general election of an even-numbered year, and shall apply to all candidates on the ballot in the November general election. -(ii) In the case of the primary election and the November general election, the Secretary of State shall certify and transmit to each county elections official the order in which the names of federal and state candidates, with the exception of candidates for State Senate and Assembly, shall appear on the ballot. The elections official shall determine the order on the ballot of all other candidates using the appropriate randomized alphabet for that purpose. -(D) The fourth drawing under this subdivision shall take place on the 82nd day before the March general law city elections of each odd-numbered year, and shall apply to those elections and any other elections held at the same time. -(E) The fifth drawing under this subdivision shall take place on the 82nd day before the first Tuesday after the first Monday in June of each odd-numbered year, and shall apply to all candidates on the ballot in the elections held on that date. -(F) The sixth drawing under this subdivision shall take place on the 82nd day before the first Tuesday after the first Monday in November of the odd-numbered year, and shall apply to all candidates on the ballot in the elections held on that date. -(2) If there will be an election of candidates to a special district, school district, charter city, or other local government body at the same time as one of the five major election dates specified in subparagraphs (A) to (F), inclusive, of paragraph (1) and the last possible day to file nomination papers for the local election would occur after the date of the drawing for the major election date, the procedure set forth in Section 13113 shall apply. -(c) Each randomized alphabet drawing shall be open to the public. At least 10 days before a drawing, the Secretary of State shall notify the news media and other interested parties of the date, time, and place of the drawing. The president of each statewide association of local officials with responsibilities for conducting elections shall be invited by the Secretary of State to attend each drawing or send a representative. The state chairman of each qualified political party shall be invited to attend or send a representative in the case of drawings held to determine the order of candidates on the primary election ballot, the November general election ballot, or a special election ballot as provided for in subdivision (d). -(d) In the case of a special election for State Assembly, State Senate, or Representative in Congress, on the first weekday after the close of filing of nomination papers for the office, the Secretary of State shall conduct a public drawing to produce a randomized alphabet in the same manner as provided for in subdivisions (a) and (c). The resulting randomized alphabet shall be used for determining the order on the ballot of the candidates in both the primary election for the special election and in the special election. -(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 7. -Section 13112 is added to the Elections Code, to read: -13112. -The Secretary of State shall conduct a drawing of the letters of the alphabet, the result of which shall be known as a randomized alphabet. The procedure shall be as follows: -(a) Each letter of the alphabet shall be written on a separate slip of paper, each of which shall be folded and inserted into a capsule. Each capsule shall be opaque and of uniform weight, color, size, shape, and texture. The capsules shall be placed in a container, which shall be shaken vigorously in order to mix the capsules thoroughly. The container then shall be opened and the capsules removed at random one at a time. As each capsule is removed, it shall be opened and the letter on the slip of paper read aloud and written down. The resulting random order of letters constitutes the randomized alphabet, which is to be used in the same manner as the conventional alphabet in determining the order of all candidates in all elections. For example, if two candidates with the surnames Campbell and Carlson are running for the same office, their order on the ballot will depend on the order in which the letters M and R were drawn in the randomized alphabet drawing. -(b) (1) There shall be four drawings, two in each even-numbered year and two in each odd-numbered year. Each drawing shall be held at 11 a.m. on the date specified in this subdivision. The results of each drawing shall be mailed immediately to each county elections official responsible for conducting an election to which the drawing applies, who shall use it in determining the order on the ballot of the names of the candidates for office. -(A) The first drawing under this subdivision shall take place on the 82nd day before the direct primary of an even-numbered year, and shall apply to all candidates on the ballot in that election. -(B) (i)   The second drawing under this subdivision shall take place on the 82nd day before the November general election of an even-numbered year, and shall apply to all candidates on the ballot in the November general election. -(ii) In the case of the primary election and the November general election, the Secretary of State shall certify and transmit to each county elections official the order in which the names of federal and state candidates, with the exception of candidates for State Senate and Assembly, shall appear on the ballot. The elections official shall determine the order on the ballot of all other candidates using the appropriate randomized alphabet for that purpose. -(C) The third drawing under this subdivision shall take place on the 82nd day before the first Tuesday after the first Monday in June of each odd-numbered year, and shall apply to all candidates on the ballot in the elections held on that date. -(D) The fourth drawing under this subdivision shall take place on the 82nd day before the first Tuesday after the first Monday in November of the odd-numbered year, and shall apply to all candidates on the ballot in the elections held on that date. -(2) If there will be an election of candidates to a special district, school district, charter city, or other local government body at the same time as one of the four major election dates specified in subparagraphs (A) to (D), inclusive, of paragraph (1) and the last possible day to file nomination papers for the local election would occur after the date of the drawing for the major election date, the procedure set forth in Section 13113 shall apply. -(c) Each randomized alphabet drawing shall be open to the public. At least 10 days before a drawing, the Secretary of State shall notify the news media and other interested parties of the date, time, and place of the drawing. The president of each statewide association of local officials with responsibilities for conducting elections shall be invited by the Secretary of State to attend each drawing or send a representative. The state chairman of each qualified political party shall be invited to attend or send a representative in the case of drawings held to determine the order of candidates on the primary election ballot, the November general election ballot, or a special election ballot as provided for in subdivision (d). -(d) In the case of a special election for State Assembly, State Senate, or Representative in Congress, on the first weekday after the close of filing of nomination papers for the office, the Secretary of State shall conduct a public drawing to produce a randomized alphabet in the same manner as provided for in subdivisions (a) and (c). The resulting randomized alphabet shall be used for determining the order on the ballot of the candidates in both the primary election for the special election and in the special election. -(e) This section shall become operative on January 1, 2020. -SEC. 8. -This act shall not be construed to shorten the term of office of any officeholder in office on January 1, 2020. For each office for which this act causes the election to be held at a later date than would have been the case in the absence of this act, the incumbent shall hold office until a successor qualifies for the office, but in no event shall the term of an incumbent be extended by more than four years.","Existing law establishes election dates in each year, which are the second Tuesday of April in each even-numbered year, the first Tuesday after the first Monday in March of each odd-numbered year, the first Tuesday after the first Monday in June in each year, and the first Tuesday after the first Monday in November of each year. -This bill would, commencing January 1, 2020, eliminate the established election dates in March and April.","An act to amend, repeal, and add Sections 1000, 1301, and 13112 of the Elections Code, relating to elections." -465,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1798.29 of the Civil Code is amended to read: -1798.29. -(a) -Any -An -agency that owns or licenses computerized data that includes personal information shall disclose -any -a -breach of the security of the system following discovery or notification of the breach in the security of the data to -any -a -resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. -(b) -Any -An -agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of -any -the -breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. -(c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made -promptly -after the law enforcement agency determines that it will not compromise the investigation. -(d) -Any -An -agency that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: -(1) The security breach notification shall be written in plain language. -(2) The security breach notification shall include, at a minimum, the following information: -(A) The name and contact information of the reporting agency subject to this section. -(B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. -(C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. -(D) Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. -(E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. -(F) The toll-free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a social security number or a driver’s license or California identification card number. -(G) If the agency providing the notification was the source of the breach, an offer to provide appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the affected person for not less than 12 months, along with all information necessary to take advantage of the offer to any person whose information was or may have been breached if the breach exposed or may have exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (g). -(3) At the discretion of the agency, the security breach notification may also include any of the following: -(A) Information about what the agency has done to protect individuals whose information has been breached. -(B) Advice on steps that the person whose information has been breached may take to protect himself or herself. -(4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of subdivision (g), the agency may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the agency and all other online accounts for which the person uses the same user name or email address and password or security question or answer. -(5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in subdivision (i) or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the agency knows the resident customarily accesses the account. -(e) -Any -An -agency that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. -(f) For purposes of this section, “breach of the security of the system” means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. -(g) For purposes of this section, “personal information” means either of the following: -(1) An individual’s first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: -(A) Social security number. -(B) Driver’s license number or California identification card number. -(C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account. -(D) Medical information. -(E) Health insurance information. -(2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. -(h) (1) For purposes of this section, “personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. -(2) For purposes of this section, “medical information” means any information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. -(3) For purposes of this section, “health insurance information” means an individual’s health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual’s application and claims history, including any appeals records. -(i) For purposes of this section, “notice” may be provided by one of the following methods: -(1) Written notice. -(2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. -(3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following: -(A) Email notice when the agency has an email address for the subject persons. -(B) Conspicuous posting of the notice on the agency’s Internet Web site page, if the agency maintains one. -(C) Notification to major statewide media and the Office of Information Security within the Department of Technology. -(j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part shall be deemed to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system. -(k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of this section, “agency” includes a local agency, as defined in subdivision (a) of Section 6252 of the Government Code.","Existing law requires an agency that owns or licenses computerized data that includes personal information, as defined, to provide notification of any breach in the security of that data to any California resident whose personal information may have been compromised by the breach, as specified. Existing law requires the notification to be written in plain language and contain specified information, including, but not limited to, the agency’s contact information and a list of the types of personal information that were or are reasonably believed to have been the subject of the breach. -This bill would additionally require an agency, if the agency was the source of the breach and the breach compromised a person’s social security number, driver’s license number, or California identification card number, to offer to provide the person with identity theft prevention and mitigation services at no cost for not less than 12 months, as specified.","An act to amend Section 1798.29 of the Civil Code, relating to personal information privacy." -466,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 361.8 is added to the Welfare and Institutions Code, to read: -361.8. -(a) The Legislature declares that a child of a minor parent or nonminor dependent parent shall not be considered to be at risk of abuse or neglect solely on the basis of information concerning the parent’s or parents’ placement history, past behaviors, or health or mental health diagnoses occurring prior to the pregnancy, although that information may be taken into account when considering whether other factors exist that place the child at risk of abuse or neglect. -(b) In the case of a child for whom one or both minor parents have been adjudged to be dependent children of the juvenile court pursuant to Section 300, all of the following shall apply: -(1) Paragraphs (10) and (11) of subdivision (b) of Section 361.5 shall not apply, unless one or more of the circumstances described in paragraphs (1) to (9), inclusive, and paragraphs (12) to (16), inclusive, of subdivision (b) of Section 361.5 apply. -(2) A party seeking an involuntary foster care placement of, or termination of parental rights over, a child born to a parent or parents who were minors at the time of the child’s birth shall demonstrate to the court that reasonable efforts were made to provide remedial services designed to prevent the removal of the child from the minor parent or parents, and that these efforts have proved unsuccessful. -(3) The efforts made pursuant to paragraph (2) shall utilize the available resources of the child and his or her minor parent’s or parents’ extended family, social services agencies, caregivers, and other available service providers. -(c) For purposes of this section, “child” and “minor parent” shall have the same definitions as set forth in Section 16002.5. -SEC. 2. -Section 825.5 is added to the Welfare and Institutions Code, to read: -825.5. -(a) The clerk of the superior court shall maintain court files and records concerning a minor dependent parent or a nonminor dependent parent of a child who is the subject of a dependency petition separate from court files and records concerning the child. -(b) (1) Dependency court records concerning a minor dependent parent or a nonminor dependent parent may be disclosed to the county and the court in the child’s dependency proceedings; however, information from the records shall only be admitted as evidence in the child’s dependency proceedings pursuant to a court order finding that the information is materially relevant to the case, subject to the provisions of subdivision (a) of Section 361.8. -(2) Any party to the child’s dependency proceedings may request the admittance of the records described in paragraph (1) as evidence at any stage of the child’s dependency proceedings. -SEC. 3. -Section 16002.5 of the Welfare and Institutions Code is amended to read: -16002.5. -It is the intent of the Legislature to maintain the continuity of the family unit and to support and preserve families headed by minor parents and nonminor dependent parents who are themselves under the jurisdiction of the juvenile court by ensuring that minor parents and nonminor dependent parents and their children are placed together in as family-like a setting as possible, unless it has been determined that placement together poses a risk to the child. It is also the intent of the Legislature to ensure that complete and accurate data on parenting minor and nonminor dependents is collected, and that the State Department of Social Services shall ensure that the following information is publicly available on a quarterly basis by county about parenting minor and nonminor dependents: total number of parenting minor and nonminor dependents in each county, their age, their ethnic group, their placement type, their time in care, the number of children they have, and whether their children are court dependents. -(a) To the greatest extent possible, minor parents and nonminor dependent parents and their children shall be provided with access to existing services for which they may be eligible, that are specifically targeted at supporting, maintaining, and developing both the parent-child bond and the dependent parent’s ability to provide a permanent and safe home for the child. Examples of these services may include, but are not limited to, child care, parenting classes, child development classes, and frequent visitation. -(b) Child welfare agencies may provide minor parents and nonminor dependent parents with access to social workers or resource specialists who have received training on the needs of teenage parents and available resources, including, but not limited to, maternal and child health programs, child care, and child development classes. Child welfare agencies are encouraged to update the case plans for pregnant and parenting dependents within 60 calendar days of the date the agency is informed of a pregnancy. When updating the case plan, child welfare agencies may hold a specialized conference to assist pregnant or parenting foster youth and nonminor dependents with planning for healthy parenting and identifying appropriate resources and services, and to inform the case plan. The specialized conference shall include the pregnant or parenting minor or nonminor dependent, family members, and other supportive adults, and the specially trained social worker or resource specialist. The specialized conference may include other individuals, including, but not limited to, a public health nurse, a community health worker, or other personnel with a comprehensive knowledge of available maternal and child resources, including public benefit programs. Participation in the specialized conference shall be voluntary on the part of the foster youth or nonminor dependent and assistance in identifying and accessing resources shall not be dependent on participation in the conference. -(c) The minor parents and nonminor dependent parents shall be given the ability to attend school, complete homework, and participate in age and developmentally appropriate activities unrelated to and separate from parenting. -(d) Child welfare agencies, local educational agencies, and child care resource and referral agencies may make reasonable and coordinated efforts to ensure that minor parents and nonminor dependent parents who have not completed high school have access to school programs that provide onsite or coordinated child care. -(e) Foster care placements for minor parents and nonminor dependent parents and their children shall demonstrate a willingness and ability to provide support and assistance to minor parents and nonminor dependent parents and their children, shall support the preservation of the family unit, and shall refer a minor parent or nonminor dependent parent to preventive services to address any concerns regarding the safety, health, or well-being of the child, and to help prevent, whenever possible, the filing of a petition to declare the child a dependent of the juvenile court pursuant to Section 300. -(f) Contact between the child, the custodial parent, and the noncustodial parent shall be facilitated if that contact is found to be in the best interest of the child. -(g) For the purpose of this section, “child” refers to the child born to the minor parent. -(h) For the purpose of this section, “minor parent” refers to a dependent child who is also a parent. -(i) For the purpose of this section, “nonminor dependent parent” refers to a nonminor dependent, as described in subdivision (v) of Section 11400, who also is a parent. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child has been left without any provision for support or when a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law provides that the Legislature declares that a child whose parent has been adjudged a dependent child of the court shall not be considered at risk of abuse or neglect solely because of the age, dependent status, or foster care status of the parent. -This bill would additionally declare that a child whose parent has been adjudged a dependent child of the court shall not be considered at risk of abuse or neglect solely on the basis of information concerning the parent’s placement history, past behaviors, health or mental health diagnoses occurring prior to the pregnancy, except as specified. -Existing law provides that reunification services need not be provided to the family of a dependent child under certain circumstances. -This bill would enact certain exceptions to that provision that would apply in the case of a child for whom one or both minor parents have been adjudged to be dependent children of the juvenile court, thereby providing the family access to reunification services. The bill would also require, in those cases, a party seeking an involuntary foster care placement of, or termination of parental rights over, a child born to a parent or parents who were minors at the time of the child’s birth to demonstrate to the court that reasonable efforts were made to provide remedial services designed to prevent the removal of the child from the minor parent or parents, that these efforts have proved unsuccessful, and that those efforts utilize the available resources of the child and his or her minor parent or parents extended family, social services agencies, caregivers, and other available service providers. By imposing a higher level of service on county employees, the bill would impose a state-mandated local program. -Existing law requires the clerk of the superior court to open a separate court file for nonminor dependents under the dependency, delinquency, or transition jurisdiction of the court and limits access to those files. -This bill would require the clerk of the superior court to maintain court files and records concerning a minor dependent parent or a nonminor dependent parent separate from court files and records concerning his or her child, as specified. The bill would authorize dependency court records concerning a minor dependent parent or a nonminor dependent parent to be disclosed to the county and the court in the child’s dependency proceedings, but would require information from the records to only be admitted as evidence in the child’s dependency proceedings pursuant to a certain court order. The bill would authorize any party to the child’s dependency proceedings to request the admittance of the records concerning a minor dependent parent or a nonminor dependent parent as evidence at any stage of the child’s dependency proceedings. -Existing law declares the intent of the Legislature to maintain the continuity of the family unit and to support and preserve families headed by minor dependent parents and nonminor dependent parents. Existing law requires foster care placements for minor parents and their children to demonstrate a willingness and ability to provide support and assistance to minor parents and their children. -This bill would additionally require those foster care placements to support the preservation of the family unit and to refer a minor dependent parent or nonminor dependent parent to preventive services to address any concerns regarding the safety, health, or well-being of the child, and to help prevent, whenever possible, the filing of a petition to declare the child a dependent of the juvenile court. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 16002.5 of, and to add Sections 361.8 and 825.5 to, the Welfare and Institutions Code, relating to foster care." -467,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 52332 of the Food and Agricultural Code is amended to read: -52332. -The secretary, by regulation, may adopt all of the following: -(a) A list of the plants and crops that the secretary finds are or may be grown in this state. -(b) A list of the plants and crops that the secretary finds are detrimental to agriculture if they occur incidentally in other crops, and which, therefore, are classed as weed seed except if sold alone or as a specific constituent of a definite seed mixture. -(c) A list of noxious weed seed that the secretary finds are prohibited noxious weed seed, as defined in this chapter. -(d) A list of those noxious weed seed that are not classified as prohibited noxious weed seed and are classified by this chapter as restricted noxious weed seed. -(e) A list of substances that are likely to be used for treating grain or other crop seed that the secretary finds and determines are toxic to human beings or animals if used, and an appropriate warning or caution statement for each substance. -(f) (1) (A) Establish methods and procedures, upon the recommendation of the board, for the conciliation, mediation, or arbitration of disputes between labelers and any persons concerning conformance with label statements, advertisements, financial terms or the lack of payment by a dealer to a grower, or other disputes regarding the quality or performance of seed. The methods and procedures shall be a mandatory prerequisite to pursuing other dispute resolution mechanisms, including, but not limited to, litigation. However, if conciliation, mediation, or arbitration proceedings are commenced under this section to resolve a controversy, the statute of limitations that applies to a civil action concerning that controversy is tolled upon commencement of conciliation, mediation, or arbitration proceedings, and until 30 days after the completion of those proceedings. As used in this subdivision, “completion of those proceedings” means the filing of a statement of agreement or nonagreement by the conciliator or mediator, or the rendering of a decision by an arbitrator or arbitration committee. -(B) If a proceeding for the conciliation, mediation, or arbitration of a dispute between a dealer and a grower is commenced under this subdivision for conformance with the financial terms by a dealer to a grower, and the decision in the proceeding is in favor of the grower, the decision may include a provision requiring compensation to the grower for the estimated value of the seed production services a grower provides to a dealer, including, but not limited to, labor, care, and expense in growing and harvesting that product. -(C) If a dealer fails to comply with the financial obligations of a judgment rendered in a conciliation, mediation, or arbitration proceeding between a dealer and a grower commenced pursuant to this subdivision following the conclusion of all appeals in the proceeding, the secretary may revoke the dealer’s registration and prevent the dealer from renewing his or her registration until the time the financial obligation is fulfilled. -(2) Conciliation, mediation, or arbitration shall not affect any enforcement action by the secretary pursuant to this chapter. Regulations adopted by the secretary for the mandatory conciliation, mediation, or arbitration of disputes shall require that adequate notice be provided on the seed label notifying any buyer of the requirement to submit a dispute to mandatory conciliation, mediation, or arbitration as a prerequisite to other dispute resolution mechanisms, including litigation. -(g) Establish additional labeling requirements for coated, pelleted, encapsulated, mat, tape, or any other germination medium or device used on seed in order that the purchaser or consumer will be informed as to the actual amount of seed purchased. -SEC. 2. -Section 55631 of the Food and Agricultural Code is amended to read: -55631. -(a) Every producer of any farm product that sells any product that is grown by him or her to any processor under contract, express or implied, in addition to all other rights and remedies that are provided for by law, has a lien upon that product and upon all processed or manufactured forms of that farm product for his or her labor, care, and expense in growing and harvesting that product. The lien shall be to the extent of the agreed price, if any, for that product so sold. If there is no agreed price or a method for determining it that is agreed upon, the extent of the lien is the value of the farm product as of the date of the delivery. Any portion of that product or the processed or manufactured forms of that product, in excess of the amount necessary to satisfy the total amount owed to producers under contract, shall be free and clear of that lien. -(b) Every producer of a flower, agricultural, or vegetable seed that sells seed that is grown by him or her, when the seed was purchased or supplied by the grower and not supplied by the dealer or an independent third party who paid for the seed, to any seed dealer under contract, express or implied, in addition to all other rights and remedies that are provided for by law, has a lien upon that product and upon all processed or manufactured forms of that product for his or her labor, care, and expense in growing and harvesting that product. The lien shall be to the extent of the agreed price, if any, for that product so sold. If there is no agreed price or a method for determining it that is agreed upon, the extent of the lien is the value of that product as of the date of the delivery. Any portion of that product or the processed or manufactured forms of that product, in excess of the amount necessary to satisfy the total amount owed to producers under contract, shall be free and clear of that lien. -SEC. 3. -Section 56109 of the Food and Agricultural Code is amended to read: -56109. -“Farm product” includes every agricultural, horticultural, viticultural, and vegetable product of the soil, poultry and poultry products, livestock products and livestock not for immediate slaughter, bees and apiary products, hay, dried beans, honey, and cut flowers. It does not, however, include any timber or timber product, flower or agricultural or vegetable seed, any milk product that is subject to the licensing and bonding provisions of Chapter 2 (commencing with Section 61801) of Part 3 of Division 21, any aquacultural product, or cattle sold to any person who is bonded under the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181, et seq.). -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law, the California Seed Law, requires the Secretary of Food and Agriculture, by regulation, to adopt, among other things, specified lists of plants and crops that the secretary finds are or may be grown in the state or that the secretary finds are detrimental to agriculture if they occur incidentally in other crops, as prescribed, a list of noxious weed seed that the secretary finds are prohibitive noxious weed seed, and methods and procedures, upon recommendation of the Seed Advisory Board, for the conciliation, mediation, or arbitration of disputes between labelers and any persons concerning conformance with label statements, advertisements, or other disputes regarding the quality or performance of seed. -This bill would expand this regulation authority to also make those methods and procedures for the conciliation, mediation, or arbitration of those disputes applicable to disputes concerning conformance with financial terms or the lack of payment by a dealer to a grower, as provided. By expanding the scope of that regulation authority, a violation of which is a crime, the bill would impose a state-mandated local program. -(2) Existing law specifies that every producer of any farm product that sells any farm product that is grown by him or her to any processor under contract, express or implied, in addition to all other rights and remedies that are provided by law, has a lien upon that product and upon all processed or manufactured forms of that farm product for his or her labor, care, and expense in growing and harvesting that product. -This bill would also specify that every producer of a flower, agricultural, or vegetable seed that sells seed that is grown by him or her, when the seed was purchased or supplied by the grower and not supplied by the dealer or an independent 3rd party who paid for the seed, to any seed dealer under contract, express or implied, in addition to all rights and remedies that are provided for by law, has a lien upon that product and upon all processed or manufactured forms of that product for his or her labor, care, and expense in growing and harvesting that product. -(3) Existing law requires that any person engaged in the business of buying, receiving on consignment, soliciting for sale on commission, or negotiating the sale of farm products from a licensee or producer for resale, to be licensed. Existing law, for purposes of those provisions, defines “farm product” to include every agricultural, horticultural, viticultural, and vegetable product of the soil, poultry and poultry products, livestock products and livestock not for immediate slaughter, bees and apiary products, hay, dried beans, honey, and cut flowers, but excludes from that definition any timber or timber product, flower or agricultural or vegetable seed not purchased from a producer, any milk product that is subject to specified licensing requirements, any aquacultural product, or cattle sold to any person who is bonded under a specified federal law. -This bill would revise that definition to exclude flower, agricultural, or vegetable seeds from the definition of farm products, rather than only those that have not been purchased from a producer. -(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 52332, 55631, and 56109 of the Food and Agricultural Code, relating to farm products." -468,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 830.6 of the Penal Code is amended to read: -830.6. -(a) (1) Whenever a qualified person is deputized or appointed by the proper authority as a reserve or auxiliary sheriff or city police officer, a reserve deputy sheriff, a reserve deputy marshal, a reserve police officer of a regional park district or of a transit district, a reserve park ranger, a reserve harbor or port police officer of a county, city, or district as specified in Section 663.5 of the Harbors and Navigation Code, a reserve deputy of the Department of Fish and Game, a reserve special agent of the Department of Justice, a reserve officer of a community service district which is authorized under subdivision (i) of Section 61100 of the Government Code to maintain a police department or other police protection, a reserve officer of a school district police department under Section 35021.5 of the Education Code, a reserve officer of a community college police department under Section 72330 of the Education Code, a reserve officer of a police protection district formed under Part 1 (commencing with Section 20000) of Division 14 of the Health and Safety Code, or a reserve housing authority patrol officer employed by a housing authority defined in subdivision (d) of Section 830.31, and is assigned specific police functions by that authority, the person is a peace officer, if the person qualifies as set forth in Section 832.6. The authority of a person designated as a peace officer pursuant to this paragraph extends only for the duration of the person’s specific assignment. A reserve park ranger or a transit, harbor, or port district reserve officer may carry firearms only if authorized by, and under those terms and conditions as are specified by, his or her employing agency. -(2) Whenever a qualified person is deputized or appointed by the proper authority as a reserve or auxiliary sheriff or city police officer, a reserve deputy sheriff, a reserve deputy marshal, a reserve park ranger, a reserve police officer of a regional park district, transit district, community college district, or school district, a reserve harbor or port police officer of a county, city, or district as specified in Section 663.5 of the Harbors and Navigation Code, a reserve officer of a community service district that is authorized under subdivision (i) of Section 61100 of the Government Code to maintain a police department or other police protection, or a reserve officer of a police protection district formed under Part 1 (commencing with Section 20000) of Division 14 of the Health and Safety Code, and is so designated by local ordinance or, if the local agency is not authorized to act by ordinance, by resolution, either individually or by class, and is assigned to the prevention and detection of crime and the general enforcement of the laws of this state by that authority, the person is a peace officer, if the person qualifies as set forth in paragraph (1) of subdivision (a) of Section 832.6. The authority of a person designated as a peace officer pursuant to this paragraph includes the full powers and duties of a peace officer as provided by Section 830.1. A transit, harbor, or port district reserve police officer, or a city or county reserve peace officer who is not provided with the powers and duties authorized by Section 830.1, has the powers and duties authorized in Section 830.33, or in the case of a reserve park ranger, the powers and duties that are authorized in Section 830.31, or in the case of a reserve housing authority patrol officer, the powers and duties that are authorized in subdivision (d) of Section 830.31, and a school district reserve police officer or a community college district reserve police officer has the powers and duties authorized in Section 830.32. -(b) Whenever a person designated by a Native American tribe recognized by the United States Secretary of the Interior is deputized or appointed by the county sheriff as a reserve or auxiliary sheriff or a reserve deputy sheriff, and is assigned to the prevention and detection of crime and the general enforcement of the laws of this state by the county sheriff, the person is a peace officer, if the person qualifies as set forth in paragraph (1) of subdivision (a) of Section 832.6. The authority of a peace officer pursuant to this subdivision includes the full powers and duties of a peace officer as provided by Section 830.1. -(c) A person deputized or appointed by the proper authority as a peace officer pursuant to subdivision (a) or (b), including, but not limited to, a person who is deputized or appointed by the proper authority as a reserve deputy sheriff or a reserve city police officer, is an employee of the appointing authority for purposes of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code). -(d) Whenever a person is summoned to the aid of any uniformed peace officer, the summoned person is vested with the powers of a peace officer that are expressly delegated to him or her by the summoning officer or that are otherwise reasonably necessary to properly assist the officer.","Under the California Fair Employment and Housing Act, it is unlawful to engage in specified discriminatory practices in employment or housing accommodations on the basis of certain specified characteristics, including race, creed, or national origin. Existing law defines these characteristics and other terms for purposes of the act. -Under existing law, a person deputized or appointed as a reserve or auxiliary sheriff or city police officer, a reserve deputy sheriff, a reserve deputy marshal, a reserve police officer of a transit district, a reserve park ranger, a reserve harbor or port police officer, or a reserve officer of a school district, among others, by the proper authority, who is assigned specific police functions by that authority or is designated by local ordinance or resolution, and who meets specified requirements, is a peace officer. -This bill would make a person deputized or appointed by the proper authority as a peace officer pursuant to the above provisions an employee for purposes of the California Fair Employment and Housing Act. -The bill would also update an obsolete cross-reference.","An act to amend Section 830.6 of the Penal Code, relating to employment." -469,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25360.4 of the Health and Safety Code is amended to read: -25360.4. -(a) (1) (A) Except as provided in subparagraph (B) and paragraph (2), an action under Section 25360 for the recovery of costs incurred by the department or a regional board in carrying out or overseeing a response or corrective action pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), or as otherwise authorized by law, shall be commenced within three years after completion of all response or corrective actions has been certified by the department or a regional board. -(B) If operation and maintenance is required as part of the response or corrective action, the action for recovery of costs incurred by the department or a regional board shall be commenced within three years after completion of operation and maintenance has been certified by the department or a regional board. -(2) No action described in paragraph (1) may be brought that, as of December 31, 2015, had not been commenced by the department within three years after the certification of the completion of the removal or remedial action. -(b) An action under subdivision (c) of Section 25352 for costs incurred by the department for the purposes specified in subdivision (a) or (b) of Section 25352 shall be commenced within three years after certification by the department of the completion of the activities authorized under subdivisions (a) and (b) of Section 25352. -(c) In an action described in subdivision (a) or (b) for recovery of response or corrective action costs, oversight costs, or damages, where the court has entered a judgment for past costs or damages, the court shall also enter an order reserving jurisdiction over the case and the court shall have continuing jurisdiction to determine any future liability and the amount of the future liability. The department or regional board may immediately enforce the judgment for past costs and damages. The department or the regional board may apply for a court judgment for further costs and damages that have been incurred during the response or corrective action, operation and maintenance, or during the performance of the activities authorized by Section 25352, but the application shall be made not later than three years after the certification of completion of the response or corrective action, operation and maintenance, or activities authorized pursuant to Section 25352. -(d) An action may be commenced under Section 25360 or subdivision (c) of Section 25352 at any time prior to expiration of the applicable limitations period provided for by this section. -(e) This section does not apply to a cost recovery action brought by a regional board under the Water Code. -SEC. 2. -Section 25363 of the Health and Safety Code is amended to read: -25363. -(a) Except as provided in subdivision (e), a party found liable for costs recoverable under this chapter who establishes by a preponderance of the evidence that only a portion of those costs are attributable to that party’s actions shall be required to pay only for that portion. -(b) Except as provided in subdivision (e), if the trier of fact finds the evidence insufficient to establish each party’s portion of costs under subdivision (a), the court shall apportion those costs, to the extent practicable, according to equitable principles, among the defendants. -(c) The standard of liability for costs recoverable pursuant to this chapter is strict liability. -(d) A person who has incurred response or corrective action costs in accordance with this chapter, Chapter 6.5 (commencing with Section 25100), or the federal act may seek contribution or indemnity from any person who is liable pursuant to this chapter. An action to enforce a claim may be brought as a cross-complaint by any defendant in an action brought pursuant to Section 25360 or this section, or in a separate action after the person seeking contribution or indemnity has paid response or corrective action costs in accordance with this chapter, Chapter 6.5 (commencing with Section 25100), or the federal act. A plaintiff or cross-complainant seeking contribution or indemnity shall give written notice to the director upon filing an action or cross-complaint under this section. In resolving claims for contribution or indemnity, the court may allocate costs among liable parties using appropriate equitable factors. -(e) Notwithstanding this chapter, a response action contractor who is found liable for any costs recoverable under this chapter and who establishes by a preponderance of the evidence that only a portion of those costs are attributable to the response action contractor’s actions shall be required to pay only that portion of the costs attributable to the response action contractor’s actions. -SEC. 3. -Section 25366.5 of the Health and Safety Code is amended to read: -25366.5. -(a) A public agency operating a household hazardous waste collection program or a person operating such a program under a written agreement with a public agency, or, for material received from the public as used oil, a person operating a certified used oil collection center as provided in Section 48660 of the Public Resources Code, shall not be held liable in a cost recovery action brought pursuant to Section 25360, including, but not limited to, an action to recover the fees imposed by Section 25343 or an action brought pursuant to subdivision (d) of Section 25363, for waste that has been properly handled and transported to an authorized hazardous waste treatment, storage, or disposal facility at a location other than that of the collection program. -(b) For purposes of this section, “household hazardous waste collection program” means a program or facility, specified in Section 25218.1, in which hazardous wastes from households and conditionally exempt small quantity generators are collected and ultimately transferred to an authorized hazardous waste treatment, storage, or disposal facility. -(c) Except as provided in subdivision (a), this section does not affect or modify the obligations or liabilities of a person imposed pursuant to state or federal law.","(1) Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, imposes liability for hazardous substances removal or remedial actions and requires the Attorney General to recover from the liable person, as defined, certain costs incurred by the Department of Toxic Substances Control or a California regional water quality control board, upon the request of the department or regional board. The act authorizes, except as specified, a party found liable for any costs or expenditures recoverable under the act for those actions to establish, as specified, that only a portion of those costs or expenditures are attributable to the party, and requires the party to pay only for that portion. If each party does not establish its liability, the act requires a court to apportion those costs or expenditures, as specified, among the defendants and the remaining portion of the judgment is required to be paid from the Toxic Substances Control Account. Existing law authorizes the money deposited in the Toxic Substances Control Account in the General Fund to be appropriated to the Department of Toxic Substances Control for specified purposes, including the payment of the costs incurred by the state for those actions. -This bill would specifically apply those provisions to response and corrective actions, instead of to removal and remedial actions, and would delete the requirement that the remaining portion of a judgment for costs and expenditures that is not apportioned among the liable persons be paid from that account. -(2) The act requires an action brought pursuant to it for the recovery of the costs of a removal or remedial action, or for the recovery of specified administrative costs, to be commenced within 3 years after completion of the removal or remedial action has been certified by the department. -This bill would, except as provided, instead allow an action for the recovery of the costs of carrying out or overseeing a response or corrective action to be commenced either within that 3-year period or, if operation and maintenance is required as part of the response or corrective action, within 3 years after completion of operation and maintenance has been certified by the department or a regional board.","An act to amend Sections 25360.4, 25363, and 25366.5 of the Health and Safety Code, relating to hazardous substances." -470,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 34872 of the Government Code is amended to read: -34872. -An ordinance shall state the number of legislative districts and whether members of the legislative body shall be elected by districts, from districts, by districts with an elective mayor, or from districts with an elective mayor. -SEC. 2. -Section 34876.5 is added to the Government Code, to read: -34876.5. -(a) If an ordinance is submitted to the voters pursuant to Section 34871, there shall be printed on the ballots substantially as follows: -“Shall members of the legislative body of the City of ____ be elected by (or from) districts?” -or, if applicable: -“Shall members of the legislative body of the City of ____ be elected by (or from) districts, and the Mayor of the City of ____ be elected on a citywide basis by the voters of the entire city?” -followed by the words “Yes” and “No,” so printed that the voters may express their choice. -(b) If a majority of the voters voting on the proposed ordinance vote in its favor, members of the legislative body shall be elected in the manner approved by the voters beginning at the first election following approval of the district boundaries pursuant to Section 34877.5, and for which the election consolidation deadlines established in the Elections Code have not passed. -SEC. 3. -Section 34877 of the Government Code is amended to read: -34877. -The proposition of altering legislative districts shall be printed on the ballots substantially as follows: - -“Shall members of the legislative body of the City of ____ be elected by (or from) districts described in Ordinance No. ____?” -or, if applicable: -“Shall members of the legislative body of the City of ____ be elected by (or from) districts described in Ordinance No. ____, and the Mayor of the City of ____ be elected on a citywide basis by the voters of the entire city?” -followed by the words “Yes” and “No,” so printed that the voters may express their choice. -SEC. 4. -Section 34877.5 is added to the Government Code, to read: -34877.5. -(a) After an ordinance is passed by the voters pursuant to Section 34876.5, or after an ordinance is enacted by the legislative body pursuant to Section 34886, the legislative body shall prepare a proposed map that describes the boundaries and numbers of the districts for the legislative body. In preparing the proposed map, the legislative body may seek public input, including accepting proposed maps submitted by the public. -(b) If the legislative body is changing from an at-large method of election to a district-based election, as those terms are defined in Section 14026 of the Elections Code, the legislative body shall hold public hearings pursuant to Section 10010 of the Elections Code. If the legislative body is otherwise adjusting the district boundaries, the legislative body shall hold public hearings on the proposed district boundaries pursuant to Section 21607 of the Elections Code. -SEC. 5. -Section 34884 of the Government Code is amended to read: -34884. -(a) If, at the time a vote is held on the subject of incorporation of a new city, a majority of the votes cast is for incorporation and, if, in accordance with Section 57116, a majority of the votes cast on the question of whether members of the city council in future elections are to be elected by district or at large is in favor of election by district, all of the following procedures apply: -(1) Before the first day on which voters may nominate candidates for election at the next regular municipal election, the legislative body shall, by ordinance or resolution, establish the boundaries of the districts of the legislative body. The districts shall be as nearly equal in population as may be. The districts shall comply with applicable provisions of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), as amended. In establishing the boundaries of the districts, the legislative body may consider the following factors: -(A) Topography. -(B) Geography. -(C) Cohesiveness, contiguity, integrity, and compactness of territory. -(D) Community of interests of the districts. -(2) The terms of office of the two members elected with the lowest vote shall expire on the Tuesday succeeding the next regular municipal election. At that election, members shall be elected by district in the even-numbered districts and shall hold office for four years. -(3) The terms of office of the three members elected with the highest vote shall expire on the Tuesday succeeding the second regular municipal election following the incorporation. At that election, members shall be elected by district in the odd-numbered districts and shall hold office for four years. -(b) The result of the vote cast on the question of whether members of the city council in future elections are to be elected by district or at large shall not preclude the submission to the voters at any future election of a measure in accordance with Section 34871. -SEC. 6. -Section 34886 of the Government Code is amended to read: -34886. -Notwithstanding Section 34871 or any other law, the legislative body of a city may adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor, as described in subdivisions (a) and (c) of Section 34871, without being required to submit the ordinance to the voters for approval. An ordinance adopted pursuant to this section shall include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).","Existing law authorizes the legislative body of a city to submit to voters at any municipal or special election an ordinance providing for the election of members of the legislative body by districts, from districts, by districts with an elective mayor, or from districts with an elective mayor. Existing law also authorizes such an ordinance to be submitted to the voters by means of an initiative measure. Existing law requires that the ordinance state the number of legislative districts, describe the boundaries of each, number the districts, and state the method for electing the members of the legislative body, as described above. -This bill would delete the requirement that the ordinance describe the boundaries, and number, of each legislative district and would instead require the legislative body to prepare a proposed map describing the boundaries and numbers of the legislative districts after the ordinance is passed or enacted, as specified. The bill would require a legislative body changing from a from district method of election to a by district method of election, or adjusting the district boundaries, to hold public hearings on the change or adjustments, as specified. The bill would also make numerous technical, nonsubstantive changes to these provisions. -Existing law applies certain procedures if a majority of votes on the subject of incorporating a new city are in favor of incorporation and in favor of a by district method of election, including, among other things, requiring the boundaries of the districts of the legislative body to be as nearly equal in population as possible. -This bill would also require the districts to comply with applicable provisions of the federal Voting Rights Act of 1965. -Existing law authorizes the legislative body of a city with a population of fewer than 100,000 people to adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor without submitting the ordinance for voter approval. -This bill would extend this authority to the legislative body of any city, regardless of its population.","An act to amend Sections 34872, 34877, 34884, and 34886 of, and to add Sections 34876.5 and 34877.5 to, the Government Code, relating to elections." -471,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19551.1 of the Revenue and Taxation Code is amended to read: -19551.1. -(a) (1) The Franchise Tax Board may permit the tax officials of any city, county, or city and county to enter into a reciprocal agreement with the Franchise Tax Board to obtain tax information from the Franchise Tax Board, as specified in subdivision (b). -(2) For purposes of this section, “reciprocal agreement” means a formal agreement to exchange information for tax administration purposes between tax officials of a city, county, or city and county, and the Franchise Tax Board. -(b) The information furnished to tax officials of a city, county, or city and county under this section shall be limited as follows: -(1) The tax officials of a city, county, or city and county are authorized to receive information only with respect to taxpayers with an address as reflected on the Franchise Tax Board’s records within the jurisdictional boundaries of the city, county, or city and county who report income from a trade or business to the Franchise Tax Board. -(2) The tax information that may be provided by the Franchise Tax Board to a city, county, or city and county is limited to a taxpayer’s name, address, social security or taxpayer identification number, and business activity code. -(3) Tax information provided to the taxing authority of a city, county, or city and county shall not be furnished to, or used by, any person other than an employee of that taxing authority and shall be utilized in a form and manner to safeguard the tax information as required by the Franchise Tax Board, including, but not limited to: -(A) The completion of a data exchange security questionnaire provided by the Franchise Tax Board prior to approval of a data exchange by the Franchise Tax Board. -(B) The tax official of a city, county, or city and county shall allow for an onsite safeguard review conducted by the Franchise Tax Board. -(C) The completion of disclosure training provided by the Franchise Tax Board and a confidentiality statement signed by all employees with access to information provided by the Franchise Tax Board confirming the requirement of data security with respect to that information and acknowledging awareness of penalties for unauthorized access or disclosure under Sections 19542 and 19552 of this code and Section 502 of the Penal Code. -(D) The tax official of a city, county, or city and county shall notify the Franchise Tax Board within 24 hours upon discovery of any incident of unauthorized or suspected unauthorized access or disclosure of the tax information and provide a detailed report of the incident and the parties involved. -(E) All records received by the tax officials of a city, county, or city and county shall be destroyed in a manner to make them unusable or unreadable so an individual record may no longer be ascertained in a timeframe specified by the Franchise Tax Board. -(4) The information provided to the tax officials of the city, county, or city and county by the Franchise Tax Board under this section is subject to Section 19542, and may not be used for any purpose other than the city, county, or city and county’s tax enforcement, or as otherwise authorized by state or federal law. -(5) Section 19542.1 applies to this section. -(c) The Franchise Tax Board may not provide any information pursuant to this section until all of the following have occurred: -(1) An agreement has been executed between a city, county, or city and county and the Franchise Tax Board, that provides that an amount equal to all first year costs necessary to furnish the city, county, or city and county information pursuant to this section shall be received by the Franchise Tax Board before the Franchise Tax Board incurs any costs associated with the activity permitted by this section. For purposes of this section, first year costs include costs associated with, but not limited to, the purchasing of equipment, the development of processes, and labor. -(2) An agreement has been executed between a city, county, or city and county and the Franchise Tax Board, that provides that the annual costs incurred by the Franchise Tax Board, as a result of the activity permitted by this section, shall be reimbursed by the city, county, or city and county to the Franchise Tax Board. -(3) Pursuant to the agreement described in paragraph (1), the Franchise Tax Board has received an amount equal to the first year costs. -(d) Any information, other than the type of tax information specified in subdivision (b), may be requested by the tax officials of a city, county, or city and county from the Franchise Tax Board by affidavit. At the time a tax official makes the request, he or she shall provide the person whose information is the subject of the request, with a copy of the affidavit and, upon request, make the information obtained available to that person. -(e) This section does not invalidate any other law. This section does not preclude any city, county, or city and county from obtaining information about individual taxpayers, including those taxpayers not subject to this section, by any other means permitted by state or federal law. -(f) Nothing in this section shall be construed to affect any obligations, rights, or remedies regarding personal information provided under state or federal law. -(g) Notwithstanding subdivision (c), the Franchise Tax Board shall waive a city, county, or city and county’s reimbursement of the Franchise Tax Board’s cost if a city, county, or city and county enters into a reciprocal agreement as defined in paragraph (2) of subdivision (a). The reciprocal agreement shall specify that each party shall bear its own costs to furnish the data involved in the exchange authorized by this section and Section 19551.5, and a city, county, or city and county shall be precluded from obtaining reimbursement as specified under Section 5 of the act adding this subdivision. -(h) This section shall remain in effect only until January 1, 2019, and as of that date, is repealed. -SEC. 2. -Section 19551.5 of the Revenue and Taxation Code is amended to read: -19551.5. -(a) Notwithstanding any other law, each city, county, or city and county that assesses a city, county, or city and county business tax or requires a city, county, or city and county business license shall, upon the request of the Franchise Tax Board, annually submit to the Franchise Tax Board the information that is collected in the course of administration of the city, county, or city and county’s business tax or business license program, as described in subdivision (b). -(b) Information, collected in the course of administration of the city, county, or city and county’s business tax or business license program, shall be limited to the following: -(1) Name of the business, if the business is a corporation, partnership, or limited liability company, or the owner’s name if the business is a sole proprietorship. -(2) Business mailing address. -(3) Federal employer identification number, if applicable, or the business owner’s social security number, if known. -(4) Standard Industrial Classification (SIC) Code or North American Industry Classification System (NAICS) Code. -(5) Business start date. -(6) Business cease date. -(7) City, county, or city and county account or license number. -(8) Ownership type. -(c) The reports required under this section shall be filed on magnetic media such as tapes or compact discs, through a secure electronic process, or in other machine-readable form, according to standards prescribed by regulations promulgated by the Franchise Tax Board. -(d) Cities that receive a request from the Franchise Tax Board shall begin providing to the Franchise Tax Board the information required by this section as soon as economically feasible, but no later than December 31, 2009. The information shall be furnished annually at a time and in the form that the Franchise Tax Board may prescribe by regulation. -(e) The city, county, or city and county data provided to the Franchise Tax Board under this section is subject to Section 19542, and may not be used for any purpose other than state tax enforcement or as otherwise authorized by law. -(f) If a city, county, or city and county enters into a reciprocal agreement with the Franchise Tax Board pursuant to subdivision (a) of Section 19551.1, the city, county, or city and county shall also waive reimbursement for costs incurred to provide information required under this section and shall be precluded from obtaining reimbursement as specified under Section 5 of Chapter 345 of the Statutes of 2008. The reciprocal agreement shall specify that each party shall bear its own costs to furnish the data involved in the exchange authorized by Section 19551.1 and this section, and the Franchise Tax Board shall be precluded from obtaining reimbursement as specified under subdivision (c) of Section 19551.1. -(g) A city, county, or city and county shall not be required to provide information to the Franchise Tax Board pursuant to this section if the Franchise Tax Board fails to provide tax information to the city, county, or city and county pursuant to a reciprocal agreement entered into pursuant to subdivision (a) of Section 19551.1 for reasons other than concerns related to confidentiality of tax information provided to the city, county, or city and county. -(h) This section shall remain in effect only until January 1, 2019, and as of that date, is repealed. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes, until January 1, 2019, a city that has entered into a reciprocal agreement, as defined, with the Franchise Tax Board to exchange tax information, as provided. Existing law requires, until January 1, 2019, upon the request of the Franchise Tax Board, each city that assesses a city business tax or requires a city business license to annually submit to the board specified information relating to the administration of the city’s business tax program. Existing law defines the term “city” to include, among others, a city and county. Existing law limits the collection and use of this information and provides that any unauthorized use of this information is punishable as a misdemeanor. -This bill would expand these provisions to additionally apply to a county. By expanding the scope of a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 19551.1 and 19551.5 of the Revenue and Taxation Code, relating to taxation." -472,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 116.130 of the Code of Civil Procedure is amended to read: -116.130. -In this chapter, unless the context indicates otherwise: -(a) “Plaintiff” means the party who has filed a small claims action. The term includes a defendant who has filed a claim against a plaintiff. -(b) “Defendant” means the party against whom the plaintiff has filed a small claims action. The term includes a plaintiff against whom a defendant has filed a claim. -(c) “Judgment creditor” means the party, whether plaintiff or defendant, in whose favor a money judgment has been rendered. -(d) “Judgment debtor” means the party, whether plaintiff or defendant, against whom a money judgment has been rendered. -(e) “Person” means an individual, corporation, partnership, limited liability partnership, limited liability company, firm, association, -city, county, city and county, school district, county office of education, community college district, local district, -or -any -other entity. -(f) “Individual” means a natural person. -(g) “Party” means a plaintiff or defendant. -(h) “Motion” means a party’s written request to the court for an order or other action. The term includes an informal written request to the court, such as a letter. -(i) “Declaration” means a written statement signed by an individual which includes the date and place of signing, and a statement under penalty of perjury under the laws of this state that its contents are true and correct. -(j) “Good cause” means circumstances sufficient to justify the requested order or other action, as determined by the judge. -(k) “Mail” means first-class mail with postage fully prepaid, unless stated otherwise. -SEC. 2. -Section 116.220 of the Code of Civil Procedure is amended to read: -116.220. -(a) The small claims court has jurisdiction in the following actions: -(1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed five thousand dollars ($5,000). -(2) Except as provided in subdivisions (c), (e), -and -(f) -, and (h) -, to enforce payment of delinquent unsecured personal property taxes in an amount not to exceed five thousand dollars ($5,000), if the legality of the tax is not contested by the defendant. -(3) To issue the writ of possession authorized by Sections 1861.5 and 1861.10 of the Civil Code if the amount of the demand does not exceed five thousand dollars ($5,000). -(4) To confirm, correct, or vacate a fee arbitration award not exceeding five thousand dollars ($5,000) between an attorney and client that is binding or has become binding, or to conduct a hearing de novo between an attorney and client after nonbinding arbitration of a fee dispute involving no more than five thousand dollars ($5,000) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code. -(5) For an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief. -(b) In any action seeking relief authorized by paragraphs (1) to (4), inclusive, of subdivision (a), the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance, in lieu of, or in addition to, money damages. The court may issue a conditional judgment. The court shall retain jurisdiction until full payment and performance of any judgment or order. -(c) Notwithstanding subdivision (a), the small claims court has jurisdiction over a defendant guarantor as follows: -(1) For any action brought by a natural person against the Registrar of the Contractors’ State License Board as the defendant guarantor, the small claims jurisdictional limit stated in Section 116.221 shall apply. -(2) For any action against a defendant guarantor that does not charge a fee for its guarantor or surety services, if the amount of the demand does not exceed two thousand five hundred dollars ($2,500). -(3) For any action brought by a natural person against a defendant guarantor that charges a fee for its guarantor or surety services, if the amount of the demand does not exceed six thousand five hundred dollars ($6,500). -(4) For any action brought by an entity other than a natural person against a defendant guarantor that charges a fee for its guarantor or surety services or against the Registrar of the Contractors’ State License Board as the defendant guarantor, if the amount of the demand does not exceed four thousand dollars ($4,000). -(d) In any case in which the lack of jurisdiction is due solely to an excess in the amount of the demand, the excess may be waived, but any waiver is not operative until judgment. -(e) Notwithstanding subdivision (a), in any action filed by a plaintiff incarcerated in a Department of Corrections and Rehabilitation facility, the small claims court has jurisdiction over a defendant only if the plaintiff has alleged in the complaint that he or she has exhausted his or her administrative remedies against that department, including compliance with Sections 905.2 and 905.4 of the Government Code. The final administrative adjudication or determination of the plaintiff’s administrative claim by the department may be attached to the complaint at the time of filing in lieu of that allegation. -(f) In any action governed by subdivision (e), if the plaintiff fails to provide proof of compliance with the requirements of subdivision (e) at the time of trial, the judicial officer shall, at his or her discretion, either dismiss the action or continue the action to give the plaintiff an opportunity to provide that proof. -(g) For purposes of this section, “department” includes an employee of a department against whom a claim has been filed under this chapter arising out of his or her duties as an employee of that department. -(h) Notwithstanding subdivision (a), the small claims court has jurisdiction over an action brought by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity if the amount of the demand does not exceed ten thousand dollars ($10,000). -SEC. 3. -Section 116.231 of the Code of Civil Procedure is amended to read: -116.231. -(a) Except as provided in subdivision (d), no person may file more than two small claims actions in which the amount demanded exceeds two thousand five hundred dollars ($2,500), anywhere in the state in any calendar year. -(b) Except as provided in subdivision (d), if the amount demanded in any small claims action exceeds two thousand five hundred dollars ($2,500), the party making the demand shall file a declaration under penalty of perjury attesting to the fact that not more than two small claims actions in which the amount of the demand exceeded two thousand five hundred dollars ($2,500) have been filed by that party in this state within the calendar year. -(c) The Legislature finds and declares that the pilot project conducted under the authority of Chapter 1196 of the Statutes of 1991 demonstrated the efficacy of the removal of the limitation on the number of actions public entities may file in the small claims courts on claims exceeding two thousand five hundred dollars ($2,500). -(d) The limitation on the number of filings exceeding two thousand five hundred dollars ($2,500) does not apply to filings where the claim does not exceed -five -ten -thousand dollars -($5,000) -($10,000) -that are filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity. -If any small claims action is filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity pursuant to this section, and the defendant informs the court either in advance of the hearing by written notice or at the time of the hearing, that he or she is represented in the action by legal counsel, the action shall be transferred out of the small claims division. A city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity may not file a claim within the small claims division if the amount of the demand exceeds five thousand dollars ($5,000).","Existing law establishes a small claims division, known as a small claims court, in each superior court. Existing law provides that the small claims court has jurisdiction over actions seeking certain forms of relief, including money damages in specified amounts. Existing law prohibits a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity from filing a claim in the small claims division if the amount of the demand exceeds $5,000. Existing law also provides that a small claims action filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity must be transferred out of the small claims division if the opposing party is represented by legal counsel and properly informs the entity of this fact. -This bill would give the small claims court jurisdiction over an action filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity if the amount of the demand does not exceed $10,000. This bill would also eliminate the provision relating to the transfer of small claims actions where the opposing party is represented by counsel.","An act to amend Sections 116.130, 116.220, and 116.231 of the Code of Civil Procedure, relating to small claims court." -473,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) Accessible window covering cords present a significant risk of injury, particularly strangulation, to young children. -(2) The United States Consumer Product Safety Commission identified window coverings as one of the top five hidden home hazards in the country. -(3) The United States Consumer Product Safety Commission’s National Electronic Injury Surveillance System demonstrates that nationwide from 1996 through 2012, an estimated 1,590 children were treated for injuries resulting from entanglements on window covering cords. -(4) The United States Consumer Product Safety Commission has recorded 184 reported fatal strangulations nationwide from 1996 through 2012 involving window covering cords among children eight years and younger. -(5) Of the 249 window covering cord incidents the United States Consumer Product Safety Commission investigated from 1996 through 2012, they determined that 57 percent of the incidents would not have been effectively prevented by the voluntary standards published by the American National Standards Institute and Window Covering Manufacturers Association. -(6) For more than a decade, manufacturers have been producing safe window coverings designed to eliminate accessible, hazardous cords that currently represent 20 to 25 percent of the market. -(b) It is the intent of the Legislature to -subsequently amend this measure to -enact legislation to protect children from the preventable strangulation hazard posed by cords on window coverings by adopting standards that provide for safer window coverings in California. -SEC. 2. -Chapter 35 (commencing with Section 22948.8) is added to Division 8 of the -Business and Professions Code -, to read: -35. -Corded Window Coverings -22948.8. -For purposes of this chapter, the following terms shall have the following meanings: -(a)“Accessible cord” means any cord determined to be accessible pursuant to the 2012 American National Standard for Safety of Corded Window Covering Products adopted by the United States Consumer Product Safety Commission consistent with the procedures under the federal Consumer Product Safety Act (Public Law 92-573) and any successor standards. -(b)“Corded window covering” means a window covering, including, but not limited to, blinds, curtains, draperies, and shades, that has an accessible cord. -22948.9. -It is unlawful to sell to a purchaser located in this state a window covering that does not meet the requirements of the 2012 American National Standard for Safety of Corded Window Covering Products adopted by the United States Consumer Product Safety Commission consistent with the procedures under the federal Consumer Product Safety Act (Public Law 92-573) and any successor standards. -22949. -This chapter shall become operative on January 1, 2018. -SEC. 3. -Section 1503.3 is added to the -Health and Safety Code -, to read: -1503.3. -(a)For the purposes of this section, the terms “accessible cord” and “corded window covering” have the same meaning as in Section 22948.8 of the Business and Professions Code. -(b)A facility licensed or certified pursuant to this chapter that serves children under six years of age shall not install any corded window covering in the facility. -(c)By January 1, 2019, every facility licensed or certified pursuant to this chapter that serves children under six years of age shall remove all corded window coverings or retrofit the corded window coverings as soon as is reasonably possible with repair kits that are approved by either the United States Consumer Product Safety Commission or the Window Covering Safety Council. -(d)If a person or facility fails to comply with this section, the department may require replacement of existing corded window coverings with cordless window coverings that meet the requirements of the 2012 American National Standard for Safety of Corded Window Covering Products adopted by the United States Consumer Product Safety Commission consistent with the procedures under the federal Consumer Product Safety Act (Public Law 92-573) and any successor standards. -SEC. 4. -Section 1596.848 is added to the -Health and Safety Code -, to read: -1596.848. -(a)For the purposes of this section, the terms “accessible cord” and “corded window covering” have the same meaning as in Section 22948.8 of the Business and Professions Code. -(b)A child day care facility that serves children under six years of age shall not install any corded window covering in the facility. -(c)By January 1, 2019, a child day care facility that serves children under six years of age shall remove all corded window coverings or retrofit the corded window coverings as soon as is reasonably possible with repair kits that are approved by either the United States Consumer Product Safety Commission or the Window Covering Safety Council. -(d)If a person or facility fails to comply with this section, the department may require replacement of existing corded window coverings with cordless window coverings that meet the requirements of the 2012 American National Standard for Safety of Corded Window Covering Products adopted by the United States Consumer Product Safety Commission consistent with the procedures under the federal Consumer Product Safety Act (Public Law 92-573) and any successor standards. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally regulates various business activities and practices, including the sale within the state of cribs and bunk beds intended for use by children. -This bill would, beginning January 1, 2018, make it unlawful to sell to a purchaser located in the state a corded window covering. The bill would define “corded window covering” as a window covering, including, but not limited to, blinds, curtains, draperies, and shades, that has an accessible cord, and would define “accessible cord” as any cord determined to be accessible pursuant to the 2012 American National Standard for Safety of Corded Window Covering Products adopted by the United States Consumer Product Safety Commission and any successor standards. -Existing law provides for the licensing and regulation of community care facilities, including, among others, residential facilities, foster family homes, certified family homes, and group homes by the State Department of Social Services. Existing law also provides for the licensing and regulation of child day care facilities by the department. A person who violates a law relating to community care facilities, or who willfully or repeatedly violates a law relating to child day care facilities, is guilty of a misdemeanor. -This bill would prohibit a community care facility or child day care facility that serves children under 6 years of age from installing a corded window covering in the facility. The bill would also require those facilities to remove all corded window coverings or retrofit the corded window coverings as soon as is reasonably possible with repair kits, as specified, by January 1, 2019. The bill would also authorize the department to require those facilities to replace existing corded window coverings, as specified, if a person or facility fails to comply with the above provisions. By expanding the scope of a crime, this bill would impose a state-mandated local program. The bill would also make related findings and declarations. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would -provide that no reimbursement is required by this act for a specified reason. -make specified findings and would declare the intent of the Legislature to subsequently amend this bill to enact legislation to protect children from the preventable strangulation hazard posed by cords on window coverings by adopting standards that provide for safer window coverings in California.","An act -to add Chapter 35 (commencing with Section 22948.8) to Division 8 of the Business and Professions Code, and to add Sections 1503.3 and 1596.848 to the Health and Safety Code, -relating to window coverings." -474,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 53601.8 of the Government Code, as amended by Section 1 of Chapter 228 of the Statutes of 2013, is amended to read: -53601.8. -Notwithstanding Section 53601 or any other provision of this code, a local agency that has the authority under law to invest funds, at its discretion, may invest a portion of its surplus funds in deposits at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of deposits. The following conditions shall apply: -(a) The local agency shall choose a nationally or state chartered commercial bank, savings bank, savings and loan association, or credit union in this state to invest the funds, which shall be known as the “selected” depository institution. -(b) The selected depository institution may use a private sector entity to help place local agency deposits with one or more commercial banks, savings banks, savings and loan associations, or credit unions that are located in the United States and are within the network used by the private sector entity for this purpose. -(c) Any private sector entity used by a selected depository institution to help place its local agency deposits shall maintain policies and procedures requiring both of the following: -(1) The full amount of each deposit placed pursuant to subdivision (b) and the interest that may accrue on each such deposit shall at all times be insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. -(2) Every depository institution where funds are placed shall be capitalized at a level that is sufficient, and be otherwise eligible, to receive such deposits pursuant to regulations of the Federal Deposit Insurance Corporation or the National Credit Union Administration, as applicable. -(d) The selected depository institution shall serve as a custodian for each such deposit. -(e) On the same date that the local agency’s funds are placed pursuant to subdivision (b) by the private sector entity, the selected depository institution shall receive an amount of insured deposits from other financial institutions that, in total, are equal to, or greater than, the full amount of the principal that the local agency initially deposited through the selected depository institution pursuant to subdivision (b). -(f) Notwithstanding subdivisions (a) to (e), inclusive, a credit union shall not act as a selected depository institution under this section or Section 53635.8 unless both of the following conditions are satisfied: -(1) The credit union offers federal depository insurance through the National Credit Union Administration. -(2) The credit union is in possession of written guidance or other written communication from the National Credit Union Administration authorizing participation of federally insured credit unions in one or more deposit placement services and affirming that the moneys held by those credit unions while participating in a deposit placement service will at all times be insured by the federal government. -(g) It is the intent of the Legislature that this section shall not restrict competition among private sector entities that provide placement services pursuant to this section. -(h) The deposits placed pursuant to this section and Section 53635.8 shall not, in total, exceed 30 percent of the agency’s funds that may be invested for this purpose. -(i) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. -SEC. 2. -Section 53601.8 of the Government Code, as added by Section 2 of Chapter 228 of the Statutes of 2013, is amended to read: -53601.8. -Notwithstanding Section 53601 or any other provision of this code, a local agency that has the authority under law to invest funds may, at its discretion, invest a portion of its surplus funds in certificates of deposit at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of certificates of deposit, provided that the purchases of certificates of deposit pursuant to this section, Section 53635.8, and subdivision (i) of Section 53601 do not, in total, exceed 30 percent of the agency’s funds that may be invested for this purpose. The following conditions shall apply: -(a) The local agency shall choose a nationally or state-chartered commercial bank, savings bank, savings and loan association, or credit union in this state to invest the funds, which shall be known as the “selected” depository institution. -(b) The selected depository institution may submit the funds to a private sector entity that assists in the placement of certificates of deposit with one or more commercial banks, savings banks, savings and loan associations, or credit unions that are located in the United States for the local agency’s account. -(c) The full amount of the principal and the interest that may be accrued during the maximum term of each certificate of deposit shall at all times be insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. -(d) The selected depository institution shall serve as a custodian for each certificate of deposit that is issued with the placement service for the local agency’s account. -(e) At the same time the local agency’s funds are deposited and the certificates of deposit are issued, the selected depository institution shall receive an amount of deposits from other commercial banks, savings banks, savings and loan associations, or credit unions that, in total, are equal to, or greater than, the full amount of the principal that the local agency initially deposited through the selected depository institution for investment. -(f) Notwithstanding subdivisions (a) to (e), inclusive, no credit union may act as a selected depository institution under this section or Section 53635.8 unless both of the following conditions are satisfied: -(1) The credit union offers federal depository insurance through the National Credit Union Administration. -(2) The credit union is in possession of written guidance or other written communication from the National Credit Union Administration authorizing participation of federally insured credit unions in one or more certificate of deposit placement services and affirming that the moneys held by those credit unions while participating in a deposit placement service will at all times be insured by the federal government. -(g) It is the intent of the Legislature that this section shall not restrict competition among private sector entities that provide placement services pursuant to this section. -(h) This section shall become operative on January 1, 2021. -SEC. 3. -Section 53635.8 of the Government Code, as amended by Section 3 of Chapter 228 of the Statutes of 2013, is amended to read: -53635.8. -Notwithstanding Section 53601 or any other provision of this code, a local agency that has the authority under law to invest funds, at its discretion, may invest a portion of its surplus funds in deposits at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of deposits. The following conditions shall apply: -(a) The local agency shall choose a nationally or state-chartered commercial bank, savings bank, savings and loan association, or credit union in this state to invest the funds, which shall be known as the “selected” depository institution. -(b) The selected depository institution may use a private sector entity to help place local agency deposits with one or more commercial banks, savings banks, savings and loan associations, or credit unions that are located in the United States and are within the network used by the private sector entity for this purpose. -(c) Any private sector entity used by a selected depository institution to help place its local agency deposits shall maintain policies and procedures requiring both of the following: -(1) The full amount of each deposit placed pursuant to subdivision (b) and the interest that may accrue on each such deposit shall at all times be insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. -(2) Every depository institution where funds are placed shall be capitalized at a level that is sufficient, and be otherwise eligible, to receive such deposits pursuant to regulations of the Federal Deposit Insurance Corporation or the National Credit Union Administration, as applicable. -(d) The selected depository institution shall serve as a custodian for each such deposit. -(e) On the same date that the local agency’s funds are placed pursuant to subdivision (b) by the private sector entity, the selected depository institution shall receive an amount of insured deposits from other financial institutions that, in total, are equal to, or greater than, the full amount of the principal that the local agency initially deposited through the selected depository institution for investment pursuant to subdivision (b). -(f) Notwithstanding subdivisions (a) to (e), inclusive, a credit union shall not act as a selected depository institution under this section or Section 53601.8 unless both of the following conditions are satisfied: -(1) The credit union offers federal depository insurance through the National Credit Union Administration. -(2) The credit union is in possession of written guidance or other written communication from the National Credit Union Administration authorizing participation of federally insured credit unions in one or more deposit placement services and affirming that the moneys held by those credit unions while participating in a deposit placement service will at all times be insured by the federal government. -(g) It is the intent of the Legislature that this section shall not restrict competition among private sector entities that provide placement services pursuant to this section. -(h) The deposits placed pursuant to this section and Section 53601.8 shall not, in total, exceed 30 percent of the agency’s funds that may be invested for this purpose. -(i) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. -SEC. 4. -Section 53635.8 of the Government Code, as added by Section 4 of Chapter 228 of the Statutes of 2013, is amended to read: -53635.8. -Notwithstanding Section 53601 or any other provision of this code, a local agency that has the authority under law to invest funds, at its discretion, may invest a portion of its surplus funds in certificates of deposit at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of certificates of deposit, provided that the purchases of certificates of deposit pursuant to this section, Section 53601.8, and subdivision (i) of Section 53601 do not, in total, exceed 30 percent of the agency’s funds that may be invested for this purpose. The following conditions shall apply: -(a) The local agency shall choose a nationally or state-chartered commercial bank, savings bank, savings and loan association, or credit union in this state to invest the funds, which shall be known as the “selected” depository institution. -(b) The selected depository institution may submit the funds to a private sector entity that assists in the placement of certificates of deposit with one or more commercial banks, savings banks, savings and loan associations, or credit unions that are located in the United States, for the local agency’s account. -(c) The full amount of the principal and the interest that may be accrued during the maximum term of each certificate of deposit shall at all times be insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. -(d) The selected depository institution shall serve as a custodian for each certificate of deposit that is issued with the placement service for the local agency’s account. -(e) At the same time the local agency’s funds are deposited and the certificates of deposit are issued, the selected depository institution shall receive an amount of deposits from other commercial banks, savings banks, savings and loan associations, or credit unions that, in total, are equal to, or greater than, the full amount of the principal that the local agency initially deposited through the selected depository institution for investment. -(f) Notwithstanding subdivisions (a) to (e), inclusive, a credit union shall not act as a selected depository institution under this section or Section 53601.8 unless both of the following conditions are satisfied: -(1) The credit union offers federal depository insurance through the National Credit Union Administration. -(2) The credit union is in possession of written guidance or other written communication from the National Credit Union Administration authorizing participation of federally insured credit unions in one or more certificate of deposit placement services and affirming that the moneys held by those credit unions while participating in a deposit placement service will at all times be insured by the federal government. -(g) It is the intent of the Legislature that this section shall not restrict competition among private sector entities that provide placement services pursuant to this section. -(h) This section shall become operative on January 1, 2021.","Existing law prescribes the instruments in, and criteria by which, a local agency, as defined, may invest and deposit its funds, including its surplus funds. Existing law, until January 1, 2017, authorizes, under certain conditions, a local agency to invest up to a certain percentage of its surplus funds in deposits at specified types of financial institutions that use a private sector entity to assist in the placement of deposits, whether those investments are certificates of deposit or in another form. With respect to investments other than a certificate of deposit, existing law limits the percentage of local agency funds that may be invested by any one private sector entity. Existing law, on and after January 1, 2017, limits this authority to invest surplus funds to investments in certificates of deposit. -This bill would extend the existing temporary authority for a local agency to invest its surplus funds, in certificates of deposit or in another form of investment, until January 1, 2021, and for that time period, would remove a limitation on the percentage of local agency funds that may be invested in certificates of deposit. This bill would, on and after January 1, 2021, indefinitely authorize a local agency to invest surplus funds to investments in certificates of deposit, as specified. This bill would also remove the limit on the percentage of local agency funds that may be invested by any one private sector entity, as specified.","An act to amend Sections 53601.8 and 53635.8 of the Government Code, relating to local government." -475,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4689 of the Welfare and Institutions Code is amended to read: -4689. -Consistent with state and federal law, the Legislature places a high priority on providing opportunities for adults with developmental disabilities, regardless of the degree of disability, to live in homes that they own or lease with support available as often and for as long as it is needed, when that is the preferred objective in the individual program plan. In order to provide opportunities for adults to live in their own homes, the following procedures shall be adopted: -(a) The department and regional centers shall ensure that supported living arrangements adhere to the following principles: -(1) Consumers shall be supported in living arrangements -which -that -are typical of those in which persons without disabilities reside. -(2) The services or supports that a consumer receives shall change as his or her needs change without the consumer having to move elsewhere. -(3) The consumer’s preference shall guide decisions concerning where and with whom he or she lives. -(4) Consumers shall have control over the environment within their own home. -(5) The purpose of furnishing services and supports to a consumer shall be to assist that individual to exercise choice in his or her life while building critical and durable relationships with other individuals. -(6) The services or supports shall be flexible and tailored to a consumer’s needs and preferences. -(7) Services and supports are most effective when furnished where a person lives and within the context of his or her day-to-day activities. -(8) Consumers shall not be excluded from supported living arrangements based solely on the nature and severity of their disabilities. -(b) Regional centers may contract with agencies or individuals to assist consumers in securing their own homes and to provide consumers with the supports needed to live in their own homes. -(c) The range of supported living services and supports available include, but are not limited to, assessment of consumer needs; assistance in finding, -modifying -modifying, -and maintaining a home; facilitating circles of support to encourage the development of unpaid and natural supports in the community; advocacy and self-advocacy facilitation; development of employment goals; social, behavioral, and daily living skills training and support; development and provision of 24-hour emergency response systems; securing and maintaining adaptive equipment and supplies; recruiting, training, and hiring individuals to provide personal care and other assistance, including in-home supportive services workers, paid neighbors, and paid roommates; providing respite and emergency relief for personal care attendants; and facilitating community participation. Assessment of consumer needs may begin before 18 years of age to enable the consumer to move to his or her own home when he or she reaches 18 years of age. -(d) Regional centers shall provide information and education to consumers and their families about supported living principles and services. -(e) Regional centers shall monitor and ensure the quality of services and supports provided to individuals living in homes that they own or lease. Monitoring shall take into account all of the following: -(1) Adherence to the principles set forth in this section. -(2) Whether the services and supports outlined in the consumer’s individual program plan are congruent with the choices and needs of the individual. -(3) Whether services and supports described in the consumer’s individual program plan are being delivered. -(4) Whether services and supports are having the desired effects. -(5) Whether the consumer is satisfied with the services and supports. -(f) The planning team, established pursuant to subdivision (j) of Section 4512, for a consumer receiving supported living services shall confirm that all appropriate and available sources of natural and generic supports have been utilized to the fullest extent possible for that consumer. -(g) Regional centers shall utilize the same supported living provider for consumers who reside in the same domicile, provided that each individual consumer’s particular needs can still be met pursuant to his or her individual program plans. -(h) Rent, mortgage, and lease payments of a supported living home and household expenses shall be the responsibility of the consumer and any roommate who resides with the consumer. -(i) A regional center shall not make rent, mortgage, or lease payments on a supported living home, or pay for household expenses of consumers receiving supported living services, except under the following circumstances: -(1) If all of the following conditions are met, a regional center may make rent, mortgage, or lease payments as follows: -(A) The regional center executive director verifies in writing that making the rent, mortgage, or lease payments or paying for household expenses is required to meet the specific care needs unique to the individual consumer as set forth in an addendum to the consumer’s individual program plan, and is required when a consumer’s demonstrated medical, behavioral, or psychiatric condition presents a health and safety risk to himself or herself, or another. -(B) During the time period that a regional center is making rent, mortgage, or lease payments, or paying for household expenses, the supported living services vendor shall assist the consumer in accessing all sources of generic and natural supports consistent with the needs of the consumer. -(C) The regional center shall not make rent, mortgage, or lease payments on a supported living home or pay for household expenses for more than six months, unless the regional center finds that it is necessary to meet the individual consumer’s particular needs pursuant to the consumer’s individual program plan. The regional center shall review a finding of necessity on a quarterly basis and the regional center executive director shall annually verify in an addendum to the consumer’s individual program plan that the requirements set forth in subparagraph (A) continue to be met. -(2) A regional center that has been contributing to rent, mortgage, or lease payments or paying for household expenses prior to July 1, 2009, shall at the time of development, review, or modification of a consumer’s individual program plan determine if the conditions in paragraph (1) are met. If the planning team determines that these contributions are no longer appropriate under this section, a reasonable time for transition, not to exceed six months, shall be permitted. -(j) All paid roommates and live-in support staff in supported living arrangements in which regional centers have made rent, mortgage, or lease payments, or have paid for household expenses pursuant to subdivision (i) shall pay their share of the rent, mortgage, or lease payments or household expenses for the supported living home, subject to the requirements of Industrial Welfare Commission Order No. 15-2001 and the Housing Choice Voucher Program, as set forth in Section 1437f of Title 42 of the United States Code. -(k) Regional centers shall ensure that the supported living services vendors’ administrative costs are necessary and reasonable, given the particular services that they are providing and the number of consumers to whom the vendor provides services. Administrative costs shall be limited to allowable costs for community-based day programs, as defined in Section 57434 of Title 17 of the California Code of Regulations, or its successor. -(l) Regional centers shall ensure that the most cost effective of the rate methodologies is utilized to determine the negotiated rate for vendors of supported living services, consistent with Section 4689.8 and Title 17 of the California Code of Regulations. -(m) For purposes of this section, “household expenses” means general living expenses and includes, but is not limited to, utilities paid and food consumed within the home. -(n) A supported living services provider shall provide assistance to a consumer who is a Medi-Cal beneficiary in applying for in-home supportive services, as set forth in Section 12300, within five days of the consumer moving into a supported living services arrangement. -(o) For consumers receiving supported living services who share a household with one or more adults receiving supported living services, efficiencies in the provision of service may be achieved if some tasks can be shared, meaning the tasks can be provided at the same time while still ensuring that each person’s individual needs are met. These tasks shall only be shared to the extent they are permitted under the Labor Code and related regulations, including, but not limited to, Industrial Welfare Commission Minimum Wage Order No. 15. The planning team, as defined in subdivision (j) of Section 4512, at the time of development, review, or modification of a consumer’s individual program plan (IPP), for housemates currently in a supported living arrangement or planning to move together into a supported living arrangement, or for consumers who live with a housemate not receiving supported living services who is responsible for the task, shall consider, with input from the service provider, whether any tasks, such as meal preparation and cleanup, menu planning, laundry, shopping, general household tasks, or errands can appropriately be shared. If tasks can be appropriately shared, the regional center shall purchase the prorated share of the activity. Upon a determination of a reduction in services pursuant to this section, the regional center shall inform the consumer of the reason for the determination, and shall provide a written notice of fair hearing rights pursuant to Section 4701. -(p) (1) To ensure that consumers in or entering into supported living arrangements receive the appropriate amount and type of supports to meet the person’s choice and needs as determined by the IPP team, and that generic resources are utilized to the fullest extent possible, the IPP team shall complete a standardized assessment questionnaire at the time of development, review, or modification of a consumer’s IPP. The questionnaire shall be used during the individual program plan meetings, in addition to the provider’s assessment, to assist in determining whether the services provided or recommended are necessary and sufficient and that the most cost-effective methods of supported living services are utilized. With input from stakeholders, including regional centers, the department shall develop and post the questionnaire on its Internet Web site, and, by June 30, 2012, shall provide it to the regional centers. -(2) Supported living service providers shall conduct comprehensive assessments for the purpose of getting to know the consumer they will be supporting and developing a support plan congruent with the choices and needs of the individual and consistent with the principles of supported living set forth in this section and in Subchapter 19 (commencing with Section 58600) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations. The independent assessment required by this paragraph is not intended to take the place of or repeat the service provider’s comprehensive assessment. -(3) Upon a determination of a reduction in services pursuant to this section, the regional center shall inform the consumer of the reason for the determination, and shall provide a written notice of fair hearing rights pursuant to Section 4701. -(4) Nothing in this section precludes the completion of an independent assessment. -(q) Direct care workers providing supported living services shall satisfactorily complete 15 hours of training in behavioral intervention within three months from the date the direct care worker was hired.","Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports, including supported living services, to individuals with developmental disabilities and their families. Existing law lists the range of supported living services and supports to include, among other things, recruiting, training, and hiring individuals to provide personal care and other assistance, and requires supported living service providers to conduct comprehensive assessments for the purpose of getting to know the consumer they will be supporting. -This bill would require direct care workers providing supported living services to satisfactorily complete 15 hours of training in behavioral intervention within 3 months from the date the provider was hired.","An act to amend Section 4689 of the Welfare and Institutions Code, relating to developmental services." -476,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Research has shown that dual enrollment can be an effective means of improving the educational outcomes for a broad range of students. -(b) Dual enrollment has historically targeted high-achieving students; however, increasingly, educators and policymakers are looking toward dual enrollment as a strategy to help students who struggle academically or who are at risk of dropping out. -(c) Allowing a greater and more varied segment of high school pupils to take community college courses could provide numerous benefits to both the pupils and the state, such as reducing the number of high school dropouts, increasing the number of community college students who transfer and complete a degree, shortening the time to completion of educational goals, and improving the level of preparation of students to successfully complete for-credit, college-level courses. -(d) California should rethink its policies governing dual enrollment, and establish a policy framework under which school districts and community college districts could create dual enrollment partnerships as one strategy to provide critical support for underachieving students, those from groups underrepresented in postsecondary education, those who are seeking advanced studies while in high school, and those seeking a career technical education credential or certificate. -(e) Through dual enrollment partnerships, school districts and community college districts could create clear pathways of aligned, sequenced coursework that would allow students to more easily and successfully transition to for-credit, college-level coursework leading to an associate degree, transfer to the University of California or the California State University, or to a program leading to a career technical education credential or certificate. -(f) To facilitate the establishment of dual enrollment partnerships, the state should remove fiscal penalties and policy barriers that discourage dual enrollment opportunities. By reducing some of these restrictions, it will be possible to expand dual enrollment opportunities, thereby saving both students and the state valuable time, money, and scarce educational resources. -SEC. 2. -Section 76004 is added to the Education Code, to read: -76004. -Notwithstanding Section 76001 or any other law: -(a) The governing board of a community college district may enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district for the purpose of offering or expanding dual enrollment opportunities for students who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness. -(b) A participating community college district may enter into a CCAP partnership with a school district partner that is governed by a CCAP partnership agreement approved by the governing boards of both districts. As a condition of, and before adopting, a CCAP partnership agreement, the governing board of each district, at an open public meeting of that board, shall present the dual enrollment partnership agreement as an informational item. The governing board of each district, at a subsequent open public meeting of that board, shall take comments from the public and approve or disapprove the proposed agreement. -(c) (1) The CCAP partnership agreement shall outline the terms of the CCAP partnership and shall include, but not necessarily be limited to, the total number of high school students to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those students; the scope, nature, time, location, and listing of community college courses to be offered; and criteria to assess the ability of pupils to benefit from those courses. The CCAP partnership agreement shall also establish protocols for information sharing, in compliance with all applicable state and federal privacy laws, joint facilities use, and parental consent for high school pupils to enroll in community college courses. -(2) The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district partner. -(3) A copy of the CCAP partnership agreement shall be filed with the office of the Chancellor of the California Community Colleges and with the department before the start of the CCAP partnership. The chancellor may void any CCAP partnership agreement it determines has not complied with the intent of the requirements of this section. -(d) A community college district participating in a CCAP partnership shall not provide physical education course opportunities to high school pupils pursuant to this section or any other course opportunities that do not assist in the attainment of at least one of the goals listed in subdivision (a). -(e) A community college district shall not enter into a CCAP partnership with a school district within the service area of another community college district, except where an agreement exists, or is established, between those community college districts authorizing that CCAP partnership. -(f) A high school pupil enrolled in a course offered through a CCAP partnership shall not be assessed any fee that is prohibited by Section 49011. -(g) A community college district participating in a CCAP partnership may assign priority for enrollment and course registration to a pupil seeking to enroll in a community college course that is required for the pupil’s CCAP partnership program that is equivalent to the priority assigned to a pupil attending a middle college high school as described in Section 11300 and consistent with middle college high school provisions in Section 76001. -(h) The CCAP partnership agreement shall certify that any community college instructor teaching a course on a high school campus has not been convicted of any sex offense as defined in Section 87010, or any controlled substance offense as defined in Section 87011. -(i) The CCAP partnership agreement shall certify that any community college instructor teaching a course at the partnering high school campus has not displaced or resulted in the termination of an existing high school teacher teaching the same course on that high school campus. -(j) The CCAP partnership agreement shall certify that a qualified high school teacher teaching a course offered for college credit at a high school campus has not displaced or resulted in the termination of an existing community college faculty member teaching the same course at the partnering community college campus. -(k) The CCAP partnership agreement shall include a certification by the participating community college district of all of the following: -(1) A community college course offered for college credit at the partnering high school campus does not reduce access to the same course offered at the partnering community college campus. -(2) A community college course that is oversubscribed or has a waiting list shall not be offered in the CCAP partnership. -(3) Participation in a CCAP partnership is consistent with the core mission of the community colleges pursuant to Section 66010.4, and that pupils participating in a CCAP partnership will not lead to enrollment displacement of otherwise eligible adults in the community college. -(l) The CCAP partnership agreement shall certify that both the school district and community college district partners comply with local collective bargaining agreements and all state and federal reporting requirements regarding the qualifications of the teacher or faculty member teaching a CCAP partnership course offered for high school credit. -(m) The CCAP partnership agreement shall specify both of the following: -(1) Which participating district will be the employer of record for purposes of assignment monitoring and reporting to the county office of education. -(2) Which participating district will assume reporting responsibilities pursuant to applicable federal teacher quality mandates. -(n) The CCAP partnership agreement shall certify that any remedial course taught by community college faculty at a partnering high school campus shall be offered only to high school students who do not meet their grade level standard in math, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative remediation course as an intervention in the student’s junior or senior year to ensure the student is prepared for college-level work upon graduation. -(o) (1) A community college district may limit enrollment in a community college course solely to eligible high school students if the course is offered at a high school campus during the regular school day and the community college course is offered pursuant to a CCAP partnership agreement. -(2) For purposes of allowances and apportionments from Section B of the State School Fund, a community college district conducting a closed course on a high school campus pursuant to paragraph (1) of subdivision (p) shall be credited with those units of full-time equivalent students attributable to the attendance of eligible high school pupils. -(p) A community college district may allow a special part-time student participating in a CCAP partnership agreement established pursuant to this article to enroll in up to a maximum of 15 units per term if all of the following circumstances are satisfied: -(1) The units constitute no more than four community college courses per term. -(2) The units are part of an academic program that is part of a CCAP partnership agreement established pursuant to this article. -(3) The units are part of an academic program that is designed to award students both a high school diploma and an associate degree or a certificate or credential. -(q) The governing board of a community college district participating in a CCAP partnership agreement established pursuant to this article shall exempt special part-time students described in subdivision (p) from the fee requirements in Sections 76060.5, 76140, 76223, 76300, 76350, and 79121. -(r) A district shall not receive a state allowance or apportionment for an instructional activity for which the partnering district has been, or shall be, paid an allowance or apportionment. -(s) The attendance of a high school pupil at a community college as a special part-time or full-time student pursuant to this section is authorized attendance for which the community college shall be credited or reimbursed pursuant to Section 48802 or 76002, provided that no school district has received reimbursement for the same instructional activity. -(t) (1) For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district shall report annually to the office of the Chancellor of the California Community Colleges all of the following information: -(A) The total number of high school pupils by schoolsite enrolled in each CCAP partnership, aggregated by gender and ethnicity, and reported in compliance with all applicable state and federal privacy laws. -(B) The total number of community college courses by course category and type and by schoolsite enrolled in by CCAP partnership participants. -(C) The total number and percentage of successful course completions, by course category and type and by schoolsite, of CCAP partnership participants. -(D) The total number of full-time equivalent students generated by CCAP partnership community college district participants. -(2) On or before January 1, 2021, the chancellor shall prepare a summary report that includes an evaluation of the CCAP partnerships, an assessment of trends in the growth of special admits systemwide and by campus, and, based upon the data collected pursuant to this section, recommendations for program improvements, including, but not necessarily limited to, both of the following: -(A) Any recommended changes to the statewide cap on special admit full-time equivalent students to ensure that adults are not being displaced. -(B) Any recommendation concerning the need for additional student assistance or academic resources to ensure the overall success of the CCAP partnerships. -(3) The chancellor shall ensure that the number of full-time equivalent students generated by CCAP partnerships is reported pursuant to the reporting requirements in Section 76002. -(u) The annual report required by subdivision (t) shall also be transmitted to all of the following: -(1) The Legislature, in compliance with Section 9795 of the Government Code. -(2) The Director of Finance. -(3) The Superintendent. -(v) A community college district that violates this article, including, but not necessarily limited to, any restriction imposed by the board of governors pursuant to this article, shall be subject to the same penalty as may be imposed pursuant to subdivision (d) of Section 78032. -(w) The statewide number of full-time equivalent students claimed as special admits shall not exceed 10 percent of the total number of full-time equivalent students claimed statewide. -(x) Nothing in this section is intended to affect a dual enrollment partnership agreement existing on the effective date of this section under which an early college high school, a middle college high school, or California Career Pathways Trust existing on the effective date of this section is operated. An early college high school, middle college high school, or California Career Pathways Trust partnership agreement existing on the effective date of this section shall not operate as a CCAP partnership unless it complies with the provisions of this section. -(y) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.","Existing law authorizes the governing board of a school district to allow pupils whom the district has determined would benefit from advanced scholastic or vocational work to attend community college as special part-time or full-time students, subject to parental permission. Existing law requires credit to be awarded to these pupils, as specified, authorizes a school principal to recommend a pupil for community college summer session if the pupil meets specified criteria, and prohibits the principal from recommending more than 5% of the total number of pupils from any particular grade level who completed that grade immediately before the time of recommendation for summer session attendance. -This bill would authorize the governing board of a community college district to enter into a College and Career Access Pathways partnership with the governing board of a school district with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness. The bill would require the partnership agreement to outline the terms of the partnership, as specified, and to establish protocols for information sharing, joint facilities use, and parental consent for high school pupils to enroll in community college courses. -The bill would authorize specified high school pupils to enroll in up to 15 units per term if those units are required for these pupils’ partnership programs and specified conditions are satisfied, and would authorize a community college district to exempt special part-time and full-time students taking up to a maximum of 15 units per term from specified fee requirements. The bill would prohibit a district from receiving a state allowance or apportionment for an instructional activity for which the partnering district has been, or will be, paid an allowance or apportionment under a concurrent enrollment partnership agreement. The bill would require, for each partnership agreement entered into under the bill, the affected community college district and school district to provide an annual report, containing specified data, to the office of the Chancellor of the California Community Colleges. The bill would require the chancellor to prepare a summary report, no later than January 1, 2021, that includes an evaluation of the partnerships, as specified. The bill’s provisions would be repealed on January 1, 2022.","An act to add and repeal Section 76004 to the Education Code, relating to public schools." -477,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 11 (commencing with Section 9149.30) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read: -Article 11. Legislative Employee Whistleblower Protection Act -9149.30. -This article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act. -9149.31. -The Legislature finds and declares that legislative employees should be free to report ethical violations without fear of retribution. -9149.32. -For the purposes of this article, the following terms have the following meanings: -(a) “Legislative employee” means an individual, other than a Member of either house of the Legislature, who is currently employed by either house of the Legislature. -(b) “Protected disclosure” means the filing of a complaint with any of the following: -(1) The Joint Legislative Ethics Committee pursuant to Section 8944, alleging a violation by a member of the Legislature. -(2) The Senate Committee on Legislative Ethics, alleging that a Member, officer, or employee of the Senate violated any standard of conduct, as defined by the standing rules of the Senate. -(3) The Assembly Legislative Ethics Committee, alleging that a Member of the Assembly violated any standard of conduct, as defined by the standing rules of the Assembly. -(4) The Assembly Rules Committee, alleging that an employee of the Assembly violated Article 2 of Chapter 1 of this part. -(5) An ethics ombudsperson designated by either house of the Legislature to receive information about potential ethical violations. -(c) “Use of official authority or influence” includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. -9149.33. -(a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that person’s official authority or influence to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command, a legislative employee for the purpose of interfering with the right of the legislative employee to make a protected disclosure. -(b) Except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year. -(c) In addition to all other penalties provided by law, except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who violates this section is liable in a civil action for damages brought by a legislative employee. -(d) This section shall not be construed to authorize an individual to disclose information otherwise prohibited by or under law. -(e) This section is not intended to prevent a supervisor, manager, or other officer of the Legislature from taking, directing others to take, recommending, or approving any personnel action or from taking or failing to take a personnel action with respect to any legislative employee if the supervisor, manager, or other officer reasonably believes any action or inaction is justified on the basis of evidence separate from the fact that the person has made a protected disclosure. -9149.34. -A legislative employee may file a written complaint with his or her supervisor or manager, or with any other officer designated by the house of the Legislature by which he or she is employed, alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts prohibited by Section 9149.33 for having made a protected disclosure. The complaint, together with a sworn statement under penalty of perjury that the contents of the complaint are true, or are believed by the affiant to be true, shall be filed within one year of the most recent improper act complained about. -9149.35. -(a) Except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year. -(b) For purposes of this section, “legislative employee” includes a former employee of the Legislature -if the complaint is filed within one year of the most recent improper act complained about -. -9149.36. -(a) In addition to all other penalties provided by law, except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee. -(b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure. -(2) Punitive damages may be awarded by the court if the acts of the offending party are proven to be malicious. If liability is established, the injured party is also entitled to reasonable attorney’s fees as provided by law. -(c) A legislative employee is not required to file a complaint pursuant to Section 9149.34 before bringing an action for civil damages. -(d) This section is not intended to prevent a supervisor, manager, or other officer of the Legislature from taking, directing others to take, recommending, or approving any personnel action or from taking or failing to take a personnel action with respect to any legislative employee if the supervisor, manager, or other officer reasonably believes any action or inaction is justified on the basis of evidence separate and apart from the fact that the person has made a protected disclosure. -(e) For purposes of this section, “legislative employee” includes a former employee of the Legislature -if the complaint is filed within one year of the most recent improper act complained about -. -9149.37. -This article does not diminish the rights, privileges, or remedies of a legislative employee under any other federal or state law. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides procedures for a person to file a complaint alleging violations of legislative ethics. Existing law also authorizes each house of the Legislature to adopt rules for its proceedings and to select committees necessary for the conduct of its business. -This bill would prohibit interference with the right of legislative employees, as defined, to make protected disclosures of ethics violations and would prohibit retaliation against legislative employees who have made protected disclosures. This bill would establish a procedure for legislative employees to report violations of the prohibitions to the Legislature. The bill would also impose civil and criminal liability on a person who interferes with a legislative employee’s right to make a protected disclosure or who engages in retaliatory acts, as specified. -By creating new crimes, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Article 11 (commencing with Section 9149.30) to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, relating to the Legislature." -478,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known and may be cited as the Brandon Patrick Water Safety Act. -SEC. 2. -Article 7 (commencing with Section 116090.5) is added to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, to read: -Article 7. Drownings -116090.5. -(a) The department shall, by regulation, create a submersion incident report form for the reporting of all statewide drownings or nonfatal drownings for use as required pursuant to this section. The form shall, at a minimum, include all of the following: -(1) The title, “Submersion Incident Report Form.” -(2) A box to be filled in entitled, “Basic Incident Information” to include the date of incident, time of incident, address of incident, and type of dwelling. For the “type of dwelling,” the form shall include an additional question as to whether the dwelling was a “house, apartment, or other____ (specify).” -(3) A box to be filled in entitled, “Victim Information” to include the age and gender of the victim, the victim’s race or ethnicity, where the victim was last seen, the estimated length of time submersed, the type of clothing worn by the victim, whether a flotation device was worn by the victim, and the circumstances that led to the drowning or nonfatal drowning. For those “circumstances,” the form shall include an additional question as to whether “drugs, alcohol, trauma, a preexisting condition, or other____ (specify)” led to, or were involved in, the drowning or nonfatal drowning. -(4) A box to be filled in entitled, “Water Source Information” to include a description of the site of incident, water clarity, water depth, water type, whether there were toys or objects in the water, and, if applicable, whether the pool or spa was built before 1998. For the “water type,” the form shall include an additional question as to whether the water type was a “pool, spa, lake, river, pond, bathtub, ocean, or other____ (specify).” -(5) A box to be filled in entitled, “Adult Supervision” to include a description of who the supervisor was at the time of, or prior to, the incident, and whether a child protective services referral was made. For purposes of this paragraph, the form shall also include the following: -(A) An additional question as to whether the supervisor at the time of incidence was the victim’s “mother, father, babysitter, relative, or other ____ (specify).” -(B) With regard to whether a child protective services referral has been made, a “Yes or No” to be printed, for the person filling out the form to circle. -(C) The question, “Was submersion witnessed?” -(D) The question, “Was there a trained lifeguard on duty?” -(6) A box to be filled in entitled, “Barrier Information” to include whether water barriers, other barriers, or an alarm were present or activated and information on how the water was accessed by the victim. For purposes of this paragraph, the form shall also include the following: -(A) The question, “Was there a working barrier?” -(B) The question, “Was there a secondary barrier in working order around the water (or pool)?” -(C) The question, “Were there other barriers?” -(7) A box to be filled in entitled, “Classes/Emergency Preparation” to include whether rescue equipment was near the water, whether cardiopulmonary resuscitation was performed and, if so, by whom, whether the victim ever took swim classes, and whether the victim was dead on the scene. For purposes of this paragraph, the form shall also include the following: -(A) The question, “Who pulled the victim out of the water?” -(B) The question, “Was CPR performed?” -(C) The question, “If CPR was performed, was the person CPR trained?” -(D) The question, “If CPR was performed, what type of CPR was performed? Chest compression only, rescue breathing only, or both?” -(b) (1) The form created pursuant to subdivision (a) shall be used and completed by -every local law enforcement entity, fire department, and any other -the -first responder at the scene -, within 72 hours, -for every person who is treated or hospitalized for respiratory distress from submersion or immersion in liquid for which the -entity, department, or -first responder provides services or investigates. After completion, the form shall be submitted to -the department and to -the local county health department. -Local county health departments shall send aggregated data quarterly to the department. -This form is not required for persons rescued and released who do not have signs or symptoms of respiratory distress. -(2) Based upon the forms received pursuant to paragraph (1), the department and each local county health department shall compile and distribute statistical information on those drownings and nonfatal drownings by posting that information on their Internet Web sites on an annual basis by February 1 of each year. -(c) The department shall make the form available on its Internet Web site in a manner that allows every city, county, and city and county to download the form and use it as their official form for purposes of subdivision (b). -(d) Notwithstanding subdivision (c), every city, county, and city and county may also affix its official logo to the form and its official contact information, including, but not limited to, telephone number, facsimile number, or electronic mail address. -(e) For purposes of this section, the following terms shall have the following meanings: -(1) “Department” means the State Department of Public Health. -(2) “Drowning” means the process of experiencing respiratory impairment from submersion or immersion in liquid. -(3) “First responder” -includes, but is not limited to, any entity that arranges for, or provides, emergency medical services within its boundaries, including lifeguards. -means an authorized registered nurse or mobile intensive care nurse, emergency medical technician-I, emergency medical technician-II, emergency medical technician-paramedic, lifeguard, firefighter, or peace officer, as defined or described by Section 1797.56, 1797.80, 1797.82, 1797.84, 1797.182, or 1797.183, respectively, or a physician and surgeon who provides prehospital emergency medical care or rescue services as an official member of a designated prehospital system. -(4) “Nonfatal drowning” means survival after drowning. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the State Department of Public Health in state government. Existing law vests within the department certain duties and powers to protect and preserve the public health. Existing law provides for the regulation of recreational water use, as specified, including, but not limited to, swimming pools and wave pools. -This bill would require the State Department of Public Health to create, by regulation, a submersion incident report form for the reporting of all statewide drownings or nonfatal drownings, as specified. The bill would require the form to be used and completed by every -local law enforcement entity, fire department, and any other -first responder, as defined, -within 72 hours -for every drowning or nonfatal drowning for which the -entity, department, or -first responder provides services or investigates and for which a person is treated or hospitalized for respiratory distress. The bill would require the form to be submitted to the -department and each -local county health department. -The bill would require local county health departments to send aggregated data quarterly to the department. -The bill would require the department and -those entities -each local county health department -to compile specified data from those forms and to post that data annually on their Internet Web sites. -By imposing additional duties on local entities, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Article 7 (commencing with Section 116090.5) to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, relating to public health." -479,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Toxic blooms of cyanobacteria in the waters of the state, including, but not limited to, coastal lakes, estuaries, rivers and streams, wetlands, and inland lakes and reservoirs, represent a threat to water supplies, human health, endangered wildlife, and recreational activities. -(b) Cyanobacteria are widespread bacteria that are capable of forming toxic blooms and super-blooms in the waters of the state. -(c) Degradation of watersheds, nutrient loading, increased water diversions, and climate change have been linked to the global expansion of cyanobacterial blooms, with high toxin production noted regularly in lakes, rivers, and other waters of the state. -(d) The state’s waters are especially prone to toxic cyanobacterial blooms due to our warm climate, numerous water diversions, and stressed waterways. -(e) Cyanobacteria produce potent hepatotoxins and neurotoxins, collectively referred to as cyanotoxins. Microcystins are the most commonly found cyanotoxin in the state’s impacted waters. Other cyanotoxins, such as the neurotoxins anatoxin-a and saxitoxin, are also present in California’s waters, but, at present, little is known about them. -(f) Cyanotoxins are poisonous to humans, pets, livestock, birds, and other wildlife via ingestion, inhalation, or skin exposure. A single dose of microcystin can cause prolonged toxicity by cycling repeatedly between the liver and intestines. -(g) Blooms of microcystins and other toxic cyanobacteria are occurring in waters throughout California, and are threatening our water supply and health. Areas with recurrent and worsening cyanotoxin pollution include the Klamath and Sacramento Rivers, the Sacramento and San Joaquin Rivers (from the Sacramento Delta to San Francisco Bay), and Clear Lake. Pinto Lake, Copco Lake, Iron Gate Reservoir, and three segments of the Klamath River have been listed as impaired due to cyanobacteria. Bird deaths attributed to microcystins have also been reported from the Salton Sea. -(h) The Pinto Lake watershed is being evaluated for total maximum daily load (TMDL) regulation for microcystin, and was considered for remediation as an Environmental Protection Agency “superfund” site. -(i) California’s southern sea otters, a state and federally listed threatened species, have died from microcystin poisoning. The source of sea otter exposure appears to be microcystin-contaminated freshwater runoff and possibly contaminated prey species. -(j) Sea otters and humans eat some of the same marine foods that can concentrate microcystin in body tissues; hence, food safety is a public health concern. Freshwater and marine fish and shellfish have not been routinely tested for cyanotoxins in California and limited diagnostic testing is available. -(k) The state needs a coordinated multiagency effort to develop actions and projects that will prevent or mitigate toxic blooms and associated cyanotoxin pollution. -SEC. 2. -Chapter 10 (commencing with Section 31420) is added to Division 21 of the Public Resources Code, to read: -CHAPTER 10. Safe Water and Wildlife Protection Act of 2016 -31420. -This chapter shall be known, and may be cited, as the Safe Water and Wildlife Protection Act of 2016. -31421. -For purposes of this chapter, the following terms have the following meanings: -(a) “Board” means the State Water Resources Control Board. -(b) “Task force” means the Algal Bloom Task Force created pursuant to Section 31422. -(c) “Waters of the state” means any surface waters in the state, including, but not limited to, coastal lakes, lagoons and estuaries, rivers, streams, inland lakes and reservoirs, wetlands, and marine waters. -31422. -(a) The board shall establish and coordinate the Algal Bloom Task Force, comprised of a representative of each of the State Department of Public Health, the Department of Fish and Wildlife, the Department of Food and Agriculture, the conservancy, and other relevant agency representatives, to be determined by the chairperson of the board, in consultation with the Secretary for Environmental Protection. The board may augment an existing task force or network to accomplish the requirements of this chapter. -(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. -31423. -The functions and duties of the task force include all of the following: -(a) Assess and prioritize the actions and research necessary to develop measures that prevent or sustainably mitigate toxic algal blooms in the waters of the state. The assessment shall consider the linked impacts of toxic algal blooms and cyanotoxins on human and animal health, as well as in the context of ecosystem health and water quality. -(b) Solicit and review proposals from universities, local governments, California Native American tribes, and nonprofit organizations for applied research, projects, and programs that accomplish both of the following: -(1) Contribute to development of strategies or implementation of activities that prevent or sustainably mitigate toxic blooms of cyanotoxins and microcystin pollution in the waters of the state. -(2) Establish cyanotoxin monitoring programs or develop laboratory capacity for analyzing water samples for cyanotoxin pollution. -(c) Provide funding recommendations to the chairperson of the board and to the Department of Fish and Wildlife, the Wildlife Conservation Board, the conservancy, other members of the task force, and other relevant agency representatives for those proposals for applied research, projects, and programs, described in subdivision (b), that the task force determines will contribute to the development of prevention strategies and sustainable mitigation actions to address toxic blooms of cyanotoxins and microcystin pollution in waters of the state. -(d) Review the risks and negative impacts of toxic algal blooms and microcystin pollution on humans, wildlife, fisheries, livestock, pets, and aquatic ecosystems, and develop recommendations for prevention and long-term mitigation. The task force shall submit a summary of its findings based on the review, including its recommendations to the appropriate policy and fiscal committees of the Legislature, the Secretary for Environmental Protection, and the Secretary of the Natural Resources Agency on or before January 1, -2017. -2018. -The recommendations shall provide guidance on what type of programs or state resources will be required to prevent damaging toxic algal blooms and microcystin pollution in the waters of the state over time. -(e) Organize meetings and workshops of experts and stakeholders as needed to implement this section. -(f) Before providing funding recommendations pursuant to subdivision (c), or submitting a summary of findings pursuant to subdivision (d), the task force shall establish a notification procedure and publish notices to inform the public about ongoing activities, and provide opportunities for public review and comment on applied research, projects, and programs solicited pursuant to subdivision (b). -(g) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. -31424. -The conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the board, or any of them, may enter into contracts and provide grants, upon appropriation, from funds available pursuant to Section 79730 of the Water Code or from other appropriate funds accessible by any of these departments and agencies for applied research, projects, and programs recommended by the task force pursuant to subdivision (c) of Section 31423.","Existing law establishes the State Coastal Conservancy and prescribes the membership and functions and duties of the conservancy with respect to preservation of coastal resources in the state. -This bill would enact the Safe Water and Wildlife Protection Act of 2016, which would require the State Water Resources Control Board to establish and coordinate the Algal Bloom Task Force, comprised of specified representatives of state agencies, including the conservancy, in consultation with the Secretary for Environmental Protection, and would prescribe the functions and duties of the task force. The bill would require the task force to review the risks and negative impacts of toxic algal blooms and microcystin pollution and to submit a summary of its findings and recommendations to the appropriate policy and fiscal committees of the Legislature, the Secretary of the Natural Resources Agency, and the secretary on or before January 1, -2017. -2018. -The act would require the task force, before providing funding recommendations or submitting a summary of findings, to notify the public about ongoing activities and provide opportunities for public review and comment on applied research, projects, and programs. The act would authorize the conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the State Water Resources Control Board to enter into contracts and provide grants, upon appropriation, from specified bond funds available under the Water Quality, Supply, and Infrastructure Improvement Act of 2014 or from other appropriate funds for applied research, projects, and programs, recommended by the task force, aimed at preventing or sustainably mitigating toxic blooms of cyanotoxins and microcystin pollution in the waters of the state.","An act to add Chapter 10 (commencing with Section 31420) to Division 21 of, and to repeal Sections 31422 and 31423 of, the Public Resources Code, relating to coastal wildlife protection." -480,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) prohibits sex discrimination in educational institutions, which includes discrimination against pregnant and parenting pupils. -(b) The federal regulations implementing Title IX of the Education Amendments of 1972 specify that sex discrimination includes discrimination against a pupil based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from childbirth-related conditions. -(c) The federal regulations implementing Title IX of the Education Amendments of 1972 require a pupil with temporary medical conditions occasioned by pregnancy or related to recovery from childbirth to be treated the same as any other pupil with a temporary disability. -(d) The Sex Equity in Education Act (Article 4 (commencing with Section 221.5) of Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code) prohibits sex discrimination in educational institutions, which includes discrimination against pregnant and parenting pupils. -(e) The regulations implementing the Sex Equity in Education Act prohibit educational institutions from applying any rule concerning a pupil’s actual or potential parental, family, or marital status that treats a pupil differently on the basis of sex. -(f) The Unruh Civil Rights Act (Section 51 of the Civil Code) prohibits businesses, including public schools, from discriminating based on sex, which includes discrimination on the basis of pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. -(g) Denial of accommodations to a pupil who chooses to breast-feed or express breast milk while at school is prohibited sex discrimination. -(h) Despite these laws, California schools are failing to accommodate the needs of lactating pupil parents on their campuses by providing them with reasonable time and private space to express breast milk, breast-feed infant children, or address other needs related to breast-feeding. -SEC. 2. -Section 222 is added to the Education Code, to read: -222. -(a) A school operated by a school district or a county office of education, the California School for the Deaf, the California School for the Blind, and a charter school shall provide reasonable accommodations to a lactating pupil on a school campus to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. Reasonable accommodations under this section include, but are not limited to, all of the following: -(1) Access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child. -(2) Permission to bring onto a school campus a breast pump and any other equipment used to express breast milk. -(3) Access to a power source for a breast pump or any other equipment used to express breast milk. -(4) Access to a place to store expressed breast milk safely. -(b) A lactating pupil on a school campus shall be provided a reasonable amount of time to accommodate her need to express breast milk or breast-feed an infant child. -(c) A school specified in subdivision (a) shall provide the reasonable accommodations specified in subdivisions (a) and (b) only if there is at least one lactating pupil on the school campus. -(d) A school subject to this section may use an existing facility to meet the requirements specified in subdivision (a). -(e) A pupil shall not incur an academic penalty as a result of her use, during the schoolday, of the reasonable accommodations specified in this section, and shall be provided the opportunity to make up any work missed due to such use. -(f) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. -(2) A local educational agency shall respond to a complaint filed pursuant to paragraph (1) in accordance with Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. -(3) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. -(4) If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires an employer to provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child. Existing law requires the employer to make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private. Existing law establishes the California School Age Families Education Program, which is a comprehensive, continuous, and community linked school-based program that focuses on youth development and dropout prevention for pregnant and parenting pupils and on child care and development services for their children. -Existing federal law requires an educational institution to treat pregnancy, childbirth, recovery from childbirth, and other specified conditions in the same manner and under the same policies as any other temporary disability. Existing law also prohibits discrimination on the basis of disability, gender, or other specified characteristics in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state financial aid. -This bill would require a school operated by a school district or a county office of education, the California School for the Deaf, the California School for the Blind, and a charter school to provide, only if there is at least one lactating pupil on the school campus, reasonable accommodations to a lactating pupil on a school campus to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. The bill would require that these reasonable accommodations include, but are not limited to, access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child, permission to bring onto a school campus any equipment used to express breast milk, access to a power source for that equipment, and access to a place to safely store expressed breast milk. The bill would also require that a lactating pupil on a school campus be given a reasonable amount of time to accommodate the need to express breast milk or breast-feed an infant child. The bill would prohibit a pupil from incurring an academic penalty as a result of her use, during the schoolday, of these reasonable accommodations. The bill would authorize a complaint of noncompliance with the requirements of the bill to be filed with the local educational agency, and would require the local educational agency to respond to such a complaint, in accordance with specified procedures. The bill would also authorize a complainant to appeal a decision of the local educational agency to the State Department of Education and would require the department to issue a written decision within 60 days of its receipt of the appeal. The bill would require a local educational agency to provide a remedy to the affected pupil if the local educational agency finds merit in a complaint or if the Superintendent of Public Instruction finds merit in an appeal. The bill would also include a statement of legislative findings and declarations. By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 222 to the Education Code, relating to pupil services." -481,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4030 of the Penal Code is amended to read: -4030. -(a) (1) The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout California. Consequently, some people have been arbitrarily subjected to unnecessary strip and body cavity searches after arrests for minor misdemeanor and infraction offenses. Some present search practices violate state and federal constitutional rights to privacy and freedom from unreasonable searches and seizures. -(2) It is the intent of the Legislature in enacting this section to protect the state and federal constitutional rights of the people of California by establishing a statewide policy strictly limiting strip and body cavity searches. -(b) The provisions of this section shall apply only to prearraignment detainees arrested for infraction or misdemeanor offenses and to any minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code alleged to have committed a misdemeanor or infraction offense. The provisions of this section shall not apply to a person in the custody of the Secretary of the Department of Corrections and Rehabilitation or the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation. -(c) As used in this section the following definitions shall apply: -(1) “Body cavity” only means the stomach or rectal cavity of a person, and vagina of a female person. -(2) “Physical body cavity search” means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity. -(3) “Strip search” means a search which requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of such person. -(4) “Visual body cavity search” means visual inspection of a body cavity. -(d) Notwithstanding any other law, including Section 40304.5 of the Vehicle Code, when a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell. -(e) A person arrested and held in custody on a misdemeanor or infraction offense, except those involving weapons, controlled substances, or violence, or a minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601 or 602 of the Welfare and Institutions Code, except for those minors alleged to have committed felonies or offenses involving weapons, controlled substances, or violence, shall not be subjected to a strip search or visual body cavity search prior to placement in the general jail population, unless a peace officer has determined there is reasonable suspicion, based on specific and articulable facts, to believe that person is concealing a weapon or contraband, and a strip search will result in the discovery of the weapon or contraband. A strip search or visual body cavity search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty. The authorization shall include the specific and articulable facts and circumstances upon which the reasonable suspicion determination was made by the supervisor. -(f) (1) Except pursuant to the provisions of paragraph (2), a person arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances, or violence, shall not be confined in the general jail population unless all of the following are true: -(A) The person is not cited and released. -(B) The person is not released on his or her own recognizance pursuant to Article 9 (commencing with Section 1318) of Chapter 1 of Title 10 of Part 2. -(C) The person is not able to post bail within a reasonable time, not less than three hours. -(2) A person shall not be housed in the general jail population prior to release pursuant to the provisions of paragraph (1) unless a documented emergency exists and there is no reasonable alternative to that placement. The person shall be placed in the general population only upon prior written authorization documenting the specific facts and circumstances of the emergency. The written authorization shall be signed by the uniformed supervisor of the facility or by a uniformed watch commander. A person confined in the general jail population pursuant to paragraph (1) shall retain all rights to release on citation, his or her own recognizance, or bail that were preempted as a consequence of the emergency. -(g) A person arrested on a misdemeanor or infraction offense, or a minor described in subdivision (b), shall not be subjected to a physical body cavity search except under the authority of a search warrant issued by a magistrate specifically authorizing the physical body cavity search. -(h) A copy of the prior written authorization required by subdivisions (e) and (f) and the search warrant required by subdivision (g) shall be placed in the agency’s records and made available, on request, to the person searched or his or her authorized representative. With regard to a strip search or visual or physical body cavity search, the time, date, and place of the search, the name and sex of the person conducting the search, and a statement of the results of the search, including a list of items removed from the person searched, shall be recorded in the agency’s records and made available, upon request, to the person searched or his or her authorized representative. -(i) Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched. -(j) A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II licensed to practice in this state. A physician engaged in providing health care to detainees and inmates of the facility may conduct physical body cavity searches. -(k) A person conducting or otherwise present or within sight of the inmate during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel. -(l) All strip, visual, and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted. -(m) A person who knowingly and willfully authorizes or conducts a strip search or visual or physical body cavity search in violation of this section is guilty of a misdemeanor. -(n) Nothing in this section shall be construed as limiting the common law or statutory rights of a person regarding an action for damages or injunctive relief, or as precluding the prosecution under another law of a peace officer or other person who has violated this section. -(o) Any person who suffers damage or harm as a result of a violation of this section may bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorney’s fees. -SEC. 2. -Section 4031 is added to the Penal Code, to read: -4031. -(a) This section applies to all minors detained in a juvenile detention center on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code, and all minors adjudged a ward of the court and held in a juvenile detention center on the grounds he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code. -(b) Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched. -(c) A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II licensed to practice in this state. A physician engaged in providing health care to detainees, wards, and inmates of the facility may conduct physical body cavity searches. -(d) A person conducting or otherwise present or within sight of the inmate during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel. -(e) All strip searches and visual and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted. -(f) A person who knowingly and willfully authorizes or conducts a strip searches and visual or physical body cavity search in violation of this section is guilty of a misdemeanor. -(g) Nothing in this section shall be construed as limiting the common law or statutory rights of a person regarding an action for damages or injunctive relief, or as precluding the prosecution under another law of a peace officer or other person who has violated this section. -(h) Any person who suffers damage or harm as a result of a violation of this section may bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorney’s fees. -(i) This section does not limit the protections granted by Section 4030 to individuals described in subdivision (b) of that section. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes a statewide policy strictly limiting strip and body cavity searches of prearraignment detainees arrested for infraction or misdemeanor offenses and of minors detained prior to a detention hearing on the grounds that he or she is alleged to have committed a misdemeanor or infraction offense. Existing law provides that if a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell. Existing law requires, among other things, that all persons conducting or otherwise present during a strip search or visual or physical body cavity search to be of the same sex as the person being searched, except for physicians or licensed medical personnel. Under existing law, a person who knowingly and willfully authorizes or conducts a strip, visual, or physical body cavity search in violation of the prescribed provisions is guilty of a misdemeanor. -This bill would additionally require that all persons within sight of the inmate during a strip search or visual or physical body cavity search be of the same sex as the person being searched, except for physicians or licensed medical personnel. The bill would extend the protections regarding the manner in which a strip search is conducted to all minors held in a juvenile detention facility. By expanding the definition of a crime, creating a new crime, and imposing additional requirements on local law enforcement, this bill would create a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to amend Section 4030 of, and to add Section 4031 to, the Penal Code, relating to searches." -482,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 245.5 of the Labor Code is amended to read: -245.5. -As used in this article: -(a) “Employee” does not include the following: -(1) An employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. -(2) An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, “employee in the construction industry” means an employee performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades. -(3) A provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code. -(4) An individual employed by an air carrier as a flight deck or cabin crew member that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C. Sec. 151 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246. -(5) An employee of the state, city, county, city and county, district, or any other public entity who is a recipient of a retirement allowance and employed without reinstatement into his or her respective retirement system pursuant to either Article 8 (commencing with Section 21220) of Chapter 12 of Part 3 of Division 5 of Title 2 of the Government Code, or Article 8 (commencing with Section 31680) of Chapter 3 of Part 3 of Division 4 of Title 3 of the Government Code. -(b) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. -(c) “Family member” means any of the following: -(1) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status. -(2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. -(3) A spouse. -(4) A registered domestic partner. -(5) A grandparent. -(6) A grandchild. -(7) A sibling. -(d) “Health care provider” has the same meaning as defined in paragraph (6) of subdivision (c) of Section 12945.2 of the Government Code. -(e) “Paid sick days” means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5. -SEC. 2. -Section 246 of the Labor Code is amended to read: -246. -(a) An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in this section. -(b) (1) An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this article, whichever is later, subject to the use and accrual limitations set forth in this section. -(2) An employee who is exempt from overtime requirements as an administrative, executive, or professional employee under a wage order of the Industrial Welfare Commission is deemed to work 40 hours per workweek for the purposes of this section, unless the employee’s normal workweek is less than 40 hours, in which case the employee shall accrue paid sick days based upon that normal workweek. -(3) An employer may use a different accrual method, other than providing one hour per every 30 hours worked, provided that the accrual is on a regular basis so that an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period. -(4) An employer may satisfy the accrual requirements of this section by providing not less than 24 hours or three days of paid sick leave that is available to the employee to use by the completion of his or her 120th calendar day of employment. -(c) An employee shall be entitled to use accrued paid sick days beginning on the 90th day of employment, after which day the employee may use paid sick days as they are accrued. -(d) Accrued paid sick days shall carry over to the following year of employment. However, an employer may limit an employee’s use of accrued paid sick days to 24 hours or three days in each year of employment, calendar year, or 12-month period. This section shall be satisfied and no accrual or carry over is required if the full amount of leave is received at the beginning of each year of employment, calendar year, or 12-month period. The term “full amount of leave” means three days or 24 hours. -(e) An employer is not required to provide additional paid sick days pursuant to this section if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave applicable to employees that may be used for the same purposes and under the same conditions as specified in this section, and the policy satisfies one of the following: -(1) Satisfies the accrual, carry over, and use requirements of this section. -(2) Provided paid sick leave or paid time off to a class of employees before January 1, 2015, pursuant to a sick leave policy or paid time off policy that used an accrual method different than providing one hour per 30 hours worked, provided that the accrual is on a regular basis so that an employee, including an employee hired into that class after January 1, 2015, has no less than one day or eight hours of accrued sick leave or paid time off within three months of employment of each calendar year, or each 12-month period, and the employee was eligible to earn at least three days or 24 hours of sick leave or paid time off within nine months of employment. If an employer modifies the accrual method used in the policy it had in place prior to January 1, 2015, the employer shall comply with any accrual method set forth in subdivision (b) or provide the full amount of leave at the beginning of each year of employment, calendar year, or 12-month period. This section does not prohibit the employer from increasing the accrual amount or rate for a class of employees covered by this subdivision. -(3) Notwithstanding any other law, sick leave benefits provided pursuant to the provisions of Sections 19859 to 19868.3, inclusive, of the Government Code, or annual leave benefits provided pursuant to the provisions of Sections 19858.3 to 19858.7, inclusive, of the Government Code, or by provisions of a memorandum of understanding reached pursuant to Section 3517.5 that incorporate or supersede provisions of Section 19859 to 19868.3, inclusive, or Sections 19858.3 to 19858.7, inclusive of the Government Code, meet the requirements of this section. -(f) (1) Except as specified in paragraph (2), an employer is not required to provide compensation to an employee for accrued, unused paid sick days upon termination, resignation, retirement, or other separation from employment. -(2) If an employee separates from an employer and is rehired by the employer within one year from the date of separation, previously accrued and unused paid sick days shall be reinstated. The employee shall be entitled to use those previously accrued and unused paid sick days and to accrue additional paid sick days upon rehiring, subject to the use and accrual limitations set forth in this section. An employer is not required to reinstate accrued paid time off to an employee that was paid out at the time of termination, resignation, or separation of employment. -(g) An employer may lend paid sick days to an employee in advance of accrual, at the employer’s discretion and with proper documentation. -(h) An employer shall provide an employee with written notice that sets forth the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, for use on either the employee’s itemized wage statement described in Section 226 or in a separate writing provided on the designated pay date with the employee’s payment of wages. If an employer provides unlimited paid sick leave or unlimited paid time off to an employee, the employer may satisfy this section by indicating on the notice or the employee’s itemized wage statement “unlimited.” The penalties described in this article for a violation of this subdivision shall be in lieu of the penalties for a violation of Section 226. This subdivision shall apply to employers covered by Wage Order 11 or 12 of the Industrial Welfare Commission only on and after January 21, 2016. -(i) An employer has no obligation under this section to allow an employee’s total accrual of paid sick leave to exceed 48 hours or 6 days, provided that an employee’s rights to accrue and use paid sick leave are not limited other than as allowed under this section. -(j) An employee may determine how much paid sick leave he or she needs to use, provided that an employer may set a reasonable minimum increment, not to exceed two hours, for the use of paid sick leave. -(k) For the purposes of this section, an employer shall calculate paid sick leave using any of the following calculations: -(1) Paid sick time for nonexempt employees shall be calculated in the same manner as the regular rate of pay for the workweek in which the employee uses paid sick time, whether or not the employee actually works overtime in that workweek. -(2) Paid sick time for nonexempt employees shall be calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment. -(3) Paid sick time for exempt employees shall be calculated in the same manner as the employer calculates wages for other forms of paid leave time. -(l) If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. -(m) An employer shall provide payment for sick leave taken by an employee no later than the payday for the next regular payroll period after the sick leave was taken. -SEC. 3. -Section 247.5 of the Labor Code is amended to read: -247.5. -(a) An employer shall keep for at least three years records documenting the hours worked and paid sick days accrued and used by an employee, and shall allow the Labor Commissioner to access these records pursuant to the requirements set forth in Section 1174. An employer shall make these records available to an employee in the same manner as described in Section 226. If an employer does not maintain adequate records pursuant to this section, it shall be presumed that the employee is entitled to the maximum number of hours accruable under this article, unless the employer can show otherwise by clear and convincing evidence. -(b) Notwithstanding any other provision of this article, an employer is not obligated to inquire into or record the purposes for which an employee uses paid leave or paid time off. -SEC. 4. -The provisions of this measure are severable. If any provision of this measure or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. -SEC. 5. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to clarify provisions of Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code, for the purposes of ensuring an effective and smooth implementation of the Healthy Workplaces, Healthy Families Act of 2014, it is necessary that this act take effect immediately.","(1) The Healthy Workplaces, Healthy Families Act of 2014 provides, among other things, that an employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days for prescribed purposes, to be accrued at a rate of no less than one hour for every 30 hours worked. -This bill would require that the employee do that work for the same employer in order to qualify for accrued sick leave under these provisions. This bill would exclude a retired annuitant of a public entity, as specified, from the definition of employee under these provisions. -The bill would authorize an employer to provide for employee sick leave accrual on a basis other than one hour for each 30 hours worked, provided that the accrual is on a regular basis and the employee will have 24 hours of accrued sick leave available by the 120th calendar day of employment. -(2) Existing law entitles an employee to use accrued paid sick days beginning on the 90th day of employment. Existing law permits an employer to limit an employee’s use of paid sick days to 24 hours or 3 days in each year of employment. Existing law requires an employer to provide an employee with written notice of the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, as specified. Existing law provides that an employer is not required to provide additional paid sick days if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave for specified uses, and the policy either satisfies specified accrual, carry over, and use requirements or provides no less than 24 hours or 3 days of paid sick leave for each year of employment or calendar year or 12-month basis. -This bill would authorize an employer to limit an employee’s use of paid sick days to 24 hours or 3 days in each year of employment, a calendar year, or a 12-month period. This bill would, for specified industries, delay the application of the notice requirement. The bill would permit an employer who provides unlimited sick leave to its employees to satisfy notice requirements by indicating “unlimited” on the employee’s itemized wage statement. The bill would require an employer to calculate paid sick leave based upon an employee’s regular rate of pay, total wages divided by total hours worked in a 90-day period, or the wages for other forms of paid leave, as specified. The bill would provide that an employer is not required to reinstate accrued paid time off to an employee, rehired within one year of separation from employment, that was paid out at the time of termination, resignation, or separation. The bill would provide that an employer is not required to provide additional paid sick days if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave applicable to employees for specified uses, and the policy satisfies specified accrual, carry over, and use requirements, or that provided paid sick leave or paid time off to employees before January 1, 2015, as specified, or that are provided pursuant to specified provisions of law or of a memorandum understanding that meet the requirements of these provisions. -(3) Existing law requires an employer to keep records for three years documenting the hours worked and paid sick days accrued and used by an employee and to make those records available to the Labor Commissioner upon request. -This bill would provide that the employer has no obligation to inquire into or record the purposes for which an employee uses sick leave or paid time off. -(4) The bill would specify that its provisions are severable and would also make technical and conforming changes. -(5) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 245.5, 246, and 247.5 of the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately." -483,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 21168.6.7 is added to the Public Resources Code, to read: -21168.6.7. -(a) For the purposes of this section “water storage project” means a project described in -subdivision (a) of -Section 79751 of the Water Code and funded, in whole or in part, with proceeds of bonds sold pursuant to the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Division 26.7 (commencing with Section 79700) of the Water Code). -(b) Notwithstanding any other law, the procedures established pursuant to subdivision (c) shall apply to an action or proceeding brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water storage project or the granting of any approvals for a water storage project. -(c) On or before July 1, 2016, the Judicial Council shall adopt a rule of court to establish procedures applicable to actions or proceedings brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water storage project or the granting of any project approvals that require the actions or proceedings, including any potential appeals therefrom, be resolved, to the extent feasible, within -270 -370 -days of certification of the record of proceedings pursuant to subdivision (e). -(d) (1) The draft and final environmental impact report for a water storage project shall include a notice in not less than 12-point type stating the following: -THIS EIR IS SUBJECT TO SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR. -(2) The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section. -(3) Within 10 days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that report. -(4) Within 10 days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report. -(5) (A) Within five days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation. The lead agency and applicant shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 days after the close of the public comment period. -(B) A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated. -(C) The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years experience in land use and environmental law or science, or mediation. The applicant shall bear the costs of mediation. -(D) A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute. -(E) The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency, the applicant, and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this subparagraph shall not raise the issue addressed by that measure as a basis for an action or proceeding challenging the lead agency’s decision to certify the environmental impact report or to grant one or more initial project approvals. -(6) The lead agency need not consider written or oral comments submitted after the close of the public comment period, unless those comments address any of the following: -(A) New issues raised in the response to comments by the lead agency. -(B) New information released by the public agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents. -(C) Changes made to the project after the close of the public comment period. -(D) Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting and monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, where the lead agency releases those documents subsequent to the release of the draft environmental impact report. -(E) New information that was not reasonably known and could not have been reasonably known during the public comment period. -(7) The lead agency shall file the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152 within five days after the last initial project approval. -(e) (1) The lead agency may prepare and certify the record of the proceedings in accordance with this subdivision and in accordance with Rule 3.1365 of the California Rules of Court. The applicant shall pay the lead agency for all costs of preparing and certifying the record of proceedings. -(2) No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to or relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared or received by the lead agency. -(3) Notwithstanding paragraph (2), documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index shall specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review. -(4) The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make those comments available to the public in a readily accessible electronic format within five days of its receipt. -(5) Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format. -(6) The lead agency shall indicate in the record of the proceedings comments received that were not considered by the lead agency pursuant to paragraph (6) of subdivision (d) and need not include the content of the comments as a part of the record. -(7) Within five days after the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152, the lead agency shall certify the record of the proceedings for the approval or determination and shall provide an electronic copy of the record to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy. -(8) Within 10 days after being served with a complaint or a petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court. -(9) Any dispute over the content of the record of the proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record shall file a motion to augment the record at the time it files its initial brief. -(10) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6. -(f) Subdivisions (d) and (e) do not apply to a project for which an environmental review pursuant to this division has commenced on or before December 31, 2015. -(g) (1) (A) In granting relief in an action or proceeding brought pursuant to this division, the court shall not stay or enjoin the construction or operation of a water storage project unless the court finds either of the following: -(i) The continued construction or operation of the water storage project presents an imminent threat to the public health and safety. -(ii) The water storage project site contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continued construction or operation of the water storage project unless the court stays or enjoins the construction or operation of the water storage project. -(B) If the court finds that clause (i) or (ii) of subparagraph (A) is satisfied, the court shall only enjoin those specific activities associated with the water storage project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values. -(2) An action or proceeding to attack, set aside, void, or annul a determination, finding, or decision of the lead agency granting a subsequent project approval shall be subject to the requirements of this chapter. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA and a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency’s action on the grounds of noncompliance with CEQA. -The Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1), approved by the voters on the November 4, 2014, statewide general election, authorizes the issuance of bonds in the amount of $7,120,000,000 pursuant to the State General Obligation Bond Law to finance a water quality, supply, and infrastructure improvement program. -This bill would require the public agency, in certifying the environmental impact report and in granting approvals for specified water storage projects funded, in whole or in part, by Proposition 1, to comply with specified procedures. Because a public agency would be required to comply with those new procedures, this bill would impose a state-mandated local program. The bill would authorize the public agency to concurrently prepare the record of proceedings for the project. The bill would require the Judicial Council, on or before July 1, 2016, to adopt a rule of court to establish procedures applicable to actions or proceedings seeking judicial review of a public agency’s action in certifying the environmental impact report and in granting project approval for those projects that require the actions or proceedings, including any appeals therefrom, be resolved, to the extent feasible, within -270 -370 -days of the certification of the record of proceedings. The bill would prohibit a court from staying or enjoining those projects unless it makes specified findings. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 21168.6.7 to the Public Resources Code, relating to environmental quality." -484,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4830 of the Business and Professions Code is amended to read: -4830. -(a) This chapter does not apply to: -(1) Veterinarians while serving in any armed branch of the military service of the United States or the United States Department of Agriculture while actually engaged and employed in their official capacity. -(2) Regularly licensed veterinarians in actual consultation from other states. -(3) Regularly licensed veterinarians actually called from other states to attend cases in this state, but who do not open an office or appoint a place to do business within this state. -(4) Veterinarians employed by the University of California while engaged in the performance of duties in connection with the College of Agriculture, the Agricultural Experiment Station, the School of Veterinary Medicine, or the agricultural extension work of the university or employed by the Western University of Health Sciences while engaged in the performance of duties in connection with the College of Veterinary Medicine or the agricultural extension work of the university. -(5) Students in the School of Veterinary Medicine of the University of California or the College of Veterinary Medicine of the Western University of Health Sciences who participate in diagnosis and treatment as part of their educational experience, including those in off-campus educational programs under the direct supervision of a licensed veterinarian in good standing, as defined in paragraph (1) of subdivision (b) of Section 4848, appointed by the University of California, Davis, or the Western University of Health Sciences. -(6) A veterinarian who is employed by the Meat and Poultry Inspection Branch of the California Department of Food and Agriculture while actually engaged and employed in his or her official capacity. A person exempt under this paragraph shall not otherwise engage in the practice of veterinary medicine unless he or she is issued a license by the board. -(7) Unlicensed personnel employed by the Department of Food and Agriculture or the United States Department of Agriculture when in the course of their duties they are directed by a veterinarian supervisor to conduct an examination, obtain biological specimens, apply biological tests, or administer medications or biological products as part of government disease or condition monitoring, investigation, control, or eradication activities. -(b) (1) For purposes of paragraph (3) of subdivision (a), a regularly licensed veterinarian in good standing who is called from another state by a law enforcement agency or animal control agency, as defined in Section 31606 of the Food and Agricultural Code, to attend to cases that are a part of an investigation of an alleged violation of federal or state animal fighting or animal cruelty laws within a single geographic location shall be exempt from the licensing requirements of this chapter if the law enforcement agency or animal control agency determines that it is necessary to call the veterinarian in order for the agency or officer to conduct the investigation in a timely, efficient, and effective manner. In determining whether it is necessary to call a veterinarian from another state, consideration shall be given to the availability of veterinarians in this state to attend to these cases. An agency, department, or officer that calls a veterinarian pursuant to this subdivision shall notify the board of the investigation. -(2) Notwithstanding any other provision of this chapter, a regularly licensed veterinarian in good standing who is called from another state to attend to cases that are a part of an investigation described in paragraph (1) may provide veterinary medical care for animals that are affected by the investigation with a temporary shelter facility, and the temporary shelter facility shall be exempt from the registration requirement of Section 4853 if all of the following conditions are met: -(A) The temporary shelter facility is established only for the purpose of the investigation. -(B) The temporary shelter facility provides veterinary medical care, shelter, food, and water only to animals that are affected by the investigation. -(C) The temporary shelter facility complies with Section 4854. -(D) The temporary shelter facility exists for not more than 60 days, unless the law enforcement agency or animal control agency determines that a longer period of time is necessary to complete the investigation. -(E) Within 30 calendar days upon completion of the provision of veterinary health care services at a temporary shelter facility established pursuant to this section, the veterinarian called from another state by a law enforcement agency or animal control agency to attend to a case shall file a report with the board. The report shall contain the date, place, type, and general description of the care provided, along with a listing of the veterinary health care practitioners who participated in providing that care. -(c) For purposes of paragraph (3) of subdivision (a), the board may inspect temporary facilities established pursuant to this section.","Under existing law, the Veterinary Medicine Practice Act, the Veterinary Medical Board licenses and regulates veterinarians and the practice of veterinary medicine. It is unlawful for any person to practice veterinary medicine in this state unless he or she holds a valid, unexpired, and unrevoked license issued by the board, except under specified circumstances, including when regularly licensed veterinarians are actually called from other states to attend cases in this state and do not open an office or appoint a place to do business within the state. -This bill would further specify, for purposes of that provision, that a regularly licensed veterinarian in good standing who is called from another state by a law enforcement agency or animal control agency to attend to cases that are a part of an investigation of an alleged violation of federal or state animal fighting or animal cruelty laws within a single geographic location shall be exempt from specified licensing requirements if the agency determines that it is necessary to call the veterinarian in order to conduct the investigation, as specified. The bill would require an agency, department, or officer that calls a veterinarian pursuant to these provisions to notify the board of the investigation. The bill would also authorize a veterinarian who is called from another state to care for animals that are affected by an investigation with a temporary shelter facility established only for the purpose of the investigation, which would be exempt from specified registration requirements if it meets specified conditions.","An act to amend Section 4830 of the Business and Professions Code, relating to veterinarians." -485,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2080.1 of the Civil Code is amended to read: -2080.1. -(a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff’s department of the county if found outside of city limits, or to the public transit agency if found on a vehicle of public conveyance or on the public transit agency property, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state: -(1) From what and how it was saved. -(2) Whether the owner of the property is known to the affiant. -(3) That the affiant has not secreted, withheld, or disposed of any part of the property. -(b) The police department or the sheriff’s department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff’s department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property. -(c) If the personal property is found or saved on a vehicle of public conveyance or on property belonging to a public transit agency, the public transit agency shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The public transit agency may require payment by the owner of a reasonable charge to defray the costs of storage and care of the property. -(d) This section shall only remain in effect until December 31, 2020, and as of that date is repealed. -SEC. 2. -Section 2080.1 is added to the Civil Code, to read: -2080.1. -(a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff’s department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state: -(1) From what and how it was saved. -(2) Whether the owner of the property is known to the affiant. -(3) That the affiant has not secreted, withheld, or disposed of any part of the property. -(b) The police department or the sheriff’s department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff’s department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property. -(c) This section shall become operative on January 1, 2021. -SEC. 3. -Section 2080.2 of the Civil Code is amended to read: -2080.2. -(a) If the owner appears within 90 days, after receipt of the property by the police department or sheriff’s department, proves his or her ownership of the property, and pays all reasonable charges, the police department or sheriff’s department shall restore the property to him or her. -(b) If the owner appears within 90 days after receipt of the property by a public transit agency, proves his or her ownership of the property, and pays all reasonable charges, the public transit agency shall restore the property to him or her. -(c) This section shall only remain in effect until December 31, 2020, and as of that date is repealed. -SEC. 4. -Section 2080.2 is added to the Civil Code, to read: -2080.2. -(a) If the owner appears within 90 days after receipt of the property by the police department or sheriff’s department, proves his or her ownership of the property, and pays all reasonable charges, the police department or sheriff’s department shall restore the property to him or her. -(b) This section shall become operative on January 1, 2021. -SEC. 5. -Section 2080.3 of the Civil Code is amended to read: -2080.3. -(a) If the reported value of the property is two hundred fifty dollars ($250) or more and no owner appears and proves his or her ownership of the property within 90 days, the police department, sheriff’s department, or public transit agency shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves his or her ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the cost of publication is first paid to the city, county, or city and county whose police or sheriff’s department or public transit agency caused the notice to be published. -(b) If the reported value of the property is less than two hundred fifty dollars ($250) and no owner appears and proves his or her ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. -(c) This section shall only remain in effect until December 31, 2020, and as of that date is repealed. -SEC. 6. -Section 2080.3 is added to the Civil Code, to read: -2080.3. -(a) If the reported value of the property is two hundred fifty dollars ($250) or more and no owner appears and proves his or her ownership of the property within 90 days, the police department or sheriff’s department shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves his or her ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the cost of publication is first paid to the city, county, or city and county whose police or sheriff’s department caused the notice to be published. -(b) If the reported value of the property is less than two hundred fifty dollars ($250) and no owner appears and proves his or her ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. -(c) This section shall become operative on January 1, 2021. -SEC. 7. -Section 2080.9 is added to the Civil Code, to read: -2080.9. -Notwithstanding any other law, all of the following shall apply with -As an alternative to the unclaimed property procedures in Sections 2080.1 to 2080.3, inclusive, a transit agency may elect to utilize all of the following procedures with -respect to a lost or unclaimed bicycle turned in to or held by -a -that -public transit agency: -(a) If the owner of a bicycle appears within 45 days after receipt of that bicycle by a public transit agency, proves his or her ownership of the bicycle, and pays all reasonable charges, the public transit agency shall restore the bicycle to him or her. -(b) (1) If the bicycle remains unclaimed after 45 days, the public transit agency may dispose of the unclaimed bicycle by sale at public auction to the highest bidder. -(2) The public transit agency shall give notice of the sale at least five days before the time fixed for the sale by publication in a newspaper of general circulation published in the county in which the bicycle was found. -(3) Any bicycles remaining unsold after being offered for sale at the public auction may be destroyed or otherwise disposed of by the public transit agency. -(c) (1) Notwithstanding subdivision (b), a public transit agency may donate bicycles unclaimed after 45 days to a charitable organization if both of the following conditions are met: -(A) The board of the public transit agency holds a public hearing to determine the charitable organization that will receive a donated bicycle. -(B) The public transit agency provides notice, at least five days before the time fixed for the donation, by publication in a newspaper of general circulation published in the county in which the public transit agency operates. The notice shall identify the time period during which the bicycles to be donated were found or saved by the public transit agency, the name of the charity receiving the donation, the date of the donation, and where unclaimed bicycles may be claimed prior to the date of the donation. -(2) The public transit agency shall not donate unclaimed bicycles more than two times per calendar year and the number of bicycles donated shall not exceed 25 percent of the total number of lost or unclaimed bicycles found or saved by the public transit agency during the prior six months. -(d) (1) Any public transit agency that donates unclaimed bicycles to a charitable organization pursuant to this section shall submit to the Assembly and Senate Committees on Judiciary, on or before January 1, 2020, a report that details, for each of the four preceding calendar years, the following information: -(A) The total number of bicycles received. -(B) The total number of bicycles claimed by an owner within 45 days. -(C) The average number of days of storage for each bicycle successfully claimed. -(D) The total number of bicycles donated to a charitable organization. -(E) The names of all charitable organizations that received donated bicycles and the number of bicycles donated to each of those organizations. -(F) The total number of bicycles offered at public auction or sale. -(G) The average selling price of each bicycle sold at public auction or sale. -(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. -(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. -SEC. 8. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires a person who finds and takes possession of property that is lost to try and return it to the rightful owner. If the owner of the lost property cannot be determined and the item is worth $100 or more, the finder is required to turn the item over to the police or sheriff, as specified. Existing law provides 90 days for the owner to return and claim the property and to pay any reasonable fee for its bailment. Existing law requires, if the reported value of the property is $250 or more and the owner does not return and claim the property, the police or the sheriff to cause notice of the property to be published, as provided. -This bill, until December 31, 2020, would provide that if that lost property is found on a vehicle of public conveyance or on public transit property, that it instead be turned in to the public transit agency, and would provide 90 days for the owner to return and claim the property, as specified. The bill, until December 31, 2020, also would require the public transit agency to cause notice of the property to be published under the circumstances described above. The bill, until January 1, 2021, would -require specified -authorize a transit agency to utilize alternate unclaimed property -procedures -to be followed -with respect to lost or unclaimed bicycles turned in to or held by -a -that -public transit agency. -Because this bill would impose new requirements on local transportation agencies, it would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend, repeal, and add Sections 2080.1, 2080.2, and 2080.3 of, and to add and repeal Section 2080.9 of, the Civil Code, relating to lost and unclaimed property." -486,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 49413 of the -Education Code -is amended to read: -49413. -(a)(1)The Legislature finds and declares all of the following: -(A)Sudden cardiac arrest is the leading cause of death in the United States. -(B)Less than 8 percent of people who suffer cardiac arrest outside the hospital survive. -(C)Effective bystander cardiopulmonary resuscitation (CPR) provided immediately after sudden cardiac arrest can double or triple a victim’s chance of survival, but only 32 percent of cardiac arrest victims get CPR from a bystander. -(2)In enacting this section, it is the intent of the Legislature to save lives by giving high school pupils the opportunity to develop psychomotor CPR skills. -(b)A school district or school, individually or jointly with another school district or school, shall provide a comprehensive program in first aid and CPR training to pupils and employees. The program shall be developed using the following guidelines: -(1)The school district or school collaborates with existing local resources, including, but not limited to, parent teacher associations, hospitals, school nurses, fire departments, and other local agencies that promote safety, to make first aid and CPR training available to the pupils and employees of the school district or school. -(2)Each school district that develops a program, or the school district that has jurisdiction over a school that develops a program, compiles a list of resources for CPR information, to be distributed to all of the schools in the district. -(3)The first aid and CPR training are based on standards that are at least equivalent to the standards currently used by the American Red Cross or the American Heart Association. -SEC. 2. -SECTION 1. -Section 51202 of the Education Code is amended to read: -51202. -The adopted course of study shall provide instruction at the appropriate elementary and secondary grade levels and subject areas in personal and public safety and accident prevention, including emergency first aid instruction, instruction in hemorrhage control, treatment for poisoning, resuscitation techniques, and cardiopulmonary resuscitation when appropriate equipment is available or when required pursuant to Section 51225.6; fire prevention; the protection and conservation of resources, including the necessity for the protection of our environment; and health, including venereal disease and the effects of alcohol, narcotics, drugs, and tobacco upon the human body. The health instruction may include prenatal care for pregnant women and violence as a public health issue. -SEC. 3. -SEC. 2. -Section 51225.6 is added to the Education Code, to read: -51225.6. -(a) -The -Commencing with the 2017–18 academic year, the -governing board of a school district, and the governing body of a charter school, offering instruction to pupils in grades 9 to 12, inclusive, shall provide instruction in performing cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED) as part of a physical education course or another course required for -graduation. -graduation pursuant to paragraph (1) of subdivision (a) Section 51225.3, or a course required by the local governing board of a school district for graduation pursuant to paragraph (2) of subdivision (a) Section 51225.3. -This instruction shall include all of the following: -(1) An instructional program developed by the American Heart Association or the American Red Cross, or an instructional program that is nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for the performance of CPR and the use of an AED. -(2) Training for pupils relative to the psychomotor skills necessary to perform CPR. For purposes of this paragraph, “psychomotor skills” means skills that pupils are required to perform as hands-on practice to support cognitive learning. -Pupils receiving online instruction to satisfy the requirements of this section shall not be required to perform hands-on practice. -(3) General information on the use and importance of an AED. The physical presence of an AED in the classroom is not required. -(b) Except as specified in subparagraph (B) of paragraph (5), instruction required pursuant to this section may be provided by a person who is certified in CPR and who is any of the following: -(1) A health care provider licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, the Osteopathic Initiative Act, as set forth in Chapter 8 (commencing with Section 3600) of Division 2 of the Business and Professions Code, or the Chiropractic Initiative Act, as set forth in Chapter 2 (commencing with Section 1000) of Division 2 of the Business and Professions Code. -(2) A person certified pursuant to the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (Division 2.5 (commencing with Section 1797) of the Health and Safety Code). -(3) A peace officer, as defined in Section 830 of the Penal Code. -(4) A firefighter, defined as any regularly employed and paid officer, employee, or member of a fire department or fire protection or firefighting agency of the State of California, a city, a county, a city and county, a district, or other public or municipal corporation or political subdivision of this state or member of an emergency reserve unit of a volunteer fire department or fire protection district. -(5) (A) A teacher. -(B) A teacher shall not be required to be certified in CPR to facilitate, provide, or oversee instruction pursuant to this section for training that does not provide CPR certification. -(6) An instructor certified to teach CPR by the American Red Cross or the American Heart Association, or an instructor certified to teach an instructional program that is nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for the performance of CPR and the use of an AED. -(c) If it is in accordance with the laws, rules, or regulations governing his or her profession, a person who provides instruction pursuant to subdivision (b) may apply the hours spent performing instruction toward fulfilling professional requirements for performing community service. -(d) The governing board of a school district or the governing body of a charter school may adopt regulations to implement this section. -SEC. 4. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law authorizes a school district or school to provide a comprehensive program in first aid or cardiopulmonary resuscitation training, or both, to pupils and employees in accordance with specified guidelines. -This bill would instead require a school district or school to provide a comprehensive program in first aid and cardiopulmonary resuscitation training to pupils and employees in accordance with specified guidelines, thereby imposing a state-mandated local program. -Existing law establishes a list of courses that a pupil in a school district is required to complete in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school, including 2 courses in physical education unless exempted. -This bill would -require -require, commencing with the 2017–18 academic year, -the governing board of a school district, and the governing body of a charter school, offering instruction to pupils in grades 9 to 12, inclusive, to provide instruction on performing cardiopulmonary resuscitation and the use of an automated external defibrillator as part of a physical education course or another course required for graduation, as provided. The bill would also make conforming changes to a related code section. By imposing additional requirements on school districts and charter schools, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend -Sections 49413 and -Section -51202 of, and to add Section 51225.6 to, the Education Code, relating to pupil instruction." -487,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17941 of the Revenue and Taxation Code is amended to read: -17941. -(a) For each taxable year beginning on or after January 1, 1997, a limited liability company doing business in this state (as defined in Section 23101) shall pay annually to this state a tax for the privilege of doing business in this state in an amount equal to the applicable amount specified in -paragraph (1) of -subdivision (d) of Section 23153 for the taxable year. -(b) (1) In addition to any limited liability company that is doing business in this state and is therefore subject to the tax imposed by subdivision (a), for each taxable year beginning on or after January 1, 1997, a limited liability company shall pay annually the tax prescribed in subdivision (a) if articles of organization have been accepted, or a certificate of registration has been issued, by the office of the Secretary of State. The tax shall be paid for each taxable year, or part thereof, until a certificate of cancellation of registration or of articles of organization is filed on behalf of the limited liability company with the office of the Secretary of State. -(2) If a taxpayer files a return with the Franchise Tax Board that is designated as its final return, the Franchise Tax Board shall notify the taxpayer that the annual tax shall continue to be due annually until a certificate of dissolution is filed with the Secretary of State pursuant to Section 17707.08 of the Corporations Code or a certificate of cancellation is filed with the Secretary of State pursuant to Section 17708.06 of the Corporations Code. -(c) The tax assessed under this section shall be due and payable on or before the 15th day of the fourth month of the taxable year. -(d) For purposes of this section, “limited liability company” means an organization, other than a limited liability company that is exempt from the tax and fees imposed under this chapter pursuant to Section 23701h or -Section -23701x, that is formed by one or more persons under the law of this state, any other country, or any other state, as a “limited liability company” and that is not taxable as a corporation for California tax purposes. -(e) Notwithstanding anything in this section to the contrary, if the office of the Secretary of State files a certificate of cancellation pursuant to Section 17707.02 of the Corporations Code for any limited liability company, then paragraph (1) of subdivision (f) of Section 23153 shall apply to that limited liability company as if the limited liability company were properly treated as a corporation for that limited purpose only, and paragraph (2) of subdivision (f) of Section 23153 shall not apply. Nothing in this subdivision entitles a limited liability company to receive a reimbursement for any annual taxes or fees already paid. -(f) (1) Notwithstanding any provision of this section to the contrary, a limited liability company that is a small business solely owned by a deployed member of the United States Armed Forces shall not be subject to the tax imposed under this section for any taxable year the owner is deployed and the limited liability company operates at a loss or ceases operation. -(2) The Franchise Tax Board may promulgate regulations as necessary or appropriate to carry out the purposes of this subdivision, including a definition for “ceases operation.” -(3) For the purposes of this subdivision, all of the following definitions apply: -(A) “Deployed” means being called to active duty or active service during a period when a Presidential Executive order specifies that the United States is engaged in combat or homeland defense. “Deployed” does not include either of the following: -(i) Temporary duty for the sole purpose of training or processing. -(ii) A permanent change of station. -(B) “Operates at a loss” means a limited liability company’s expenses exceed its receipts. -(C) “Small business” means a limited liability company with total income from all sources derived from, or attributable, to the state of two hundred fifty thousand dollars ($250,000) or less. -(4) This subdivision shall become inoperative for taxable years beginning on or after January 1, 2018. -(g) (1) Notwithstanding subdivision (a) or (b), for taxable years beginning on or after January 1, 2016, a limited liability company that is a new veteran-owned small business shall not be subject to the tax imposed by this section for its first three taxable years. -(2) For purposes of this subdivision: -(A) “New veteran-owned small business” means a veteran-owned limited liability company that is formed under the laws of this state or has qualified to transact intrastate business in this state that begins business operations at or after the time of its formation, and that has a total income derived from, or attributable to, the state of two hundred fifty thousand dollars ($250,000) or less. “New veteran-owned small business” does not include any limited liability company that began business operations as a sole proprietorship, a partnership, a corporation, or any other form of business entity prior to its formation. -(B) “Veteran” means an individual honorably discharged from the Armed Forces of the United States. -(C) “Veteran-owned limited liability company” means a limited liability company in which more than 50 percent of the membership interest is owned by one or more veterans. -(3) This subdivision shall not apply to any limited liability company that reorganizes solely for the purpose of reducing its tax imposed under this section. -SEC. 2. -Section 23153 of the Revenue and Taxation Code is amended to read: -23153. -(a) Every corporation described in subdivision (b) shall be subject to the minimum franchise tax specified in subdivision (d) from the earlier of the date of incorporation, qualification, or commencing to do business within this state, until the effective date of dissolution or withdrawal as provided in Section 23331 or, if later, the date the corporation ceases to do business within the limits of this state. -(b) Unless expressly exempted by this part or the California Constitution, subdivision (a) shall apply to each of the following: -(1) Every corporation that is incorporated under the laws of this state. -(2) Every corporation that is qualified to transact intrastate business in this state pursuant to Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code. -(3) Every corporation that is doing business in this state. -(c) The following entities are not subject to the minimum franchise tax specified in this section: -(1) Credit unions. -(2) Nonprofit cooperative associations organized pursuant to Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code that have been issued the certificate of the board of supervisors prepared pursuant to Section 54042 of the Food and Agricultural Code. The association shall be exempt from the minimum franchise tax for five consecutive taxable years, commencing with the first taxable year for which the certificate is issued pursuant to subdivision (b) of Section 54042 of the Food and Agricultural Code. This paragraph only applies to nonprofit cooperative associations organized on or after January 1, 1994. -(d) (1) Except as provided in paragraph (2), paragraph (1) of subdivision (f) of Section 23151, paragraph (1) of subdivision (f) of Section 23181, and paragraph (1) of subdivision (c) of Section 23183, corporations subject to the minimum franchise tax shall pay annually to the state a minimum franchise tax of eight hundred dollars ($800). -(2) The minimum franchise tax shall be twenty-five dollars ($25) for each of the following: -(A) A corporation formed under the laws of this state whose principal business when formed was gold mining, which is inactive and has not done business within the limits of the state since 1950. -(B) A corporation formed under the laws of this state whose principal business when formed was quicksilver mining, which is inactive and has not done business within the limits of the state since 1971, or has been inactive for a period of 24 consecutive months or more. -(3) For purposes of paragraph (2), a corporation shall not be considered to have done business if it engages in business other than mining. -(e) Notwithstanding subdivision (a), for taxable years beginning on or after January 1, 1999, and before January 1, 2000, every “qualified new corporation” shall pay annually to the state a minimum franchise tax of five hundred dollars ($500) for the second taxable year. This subdivision shall apply to any corporation that is a qualified new corporation and is incorporated on or after January 1, 1999, and before January 1, 2000. -(1) The determination of the gross receipts of a corporation, for purposes of this subdivision, shall be made by including the gross receipts of each member of the commonly controlled group, as defined in Section 25105, of which the corporation is a member. -(2) “Gross receipts, less returns and allowances reportable to this state,” means the sum of the gross receipts from the production of business income, as defined in subdivision (a) of Section 25120, and the gross receipts from the production of nonbusiness income, as defined in subdivision (d) of Section 25120. -(3) “Qualified new corporation” means a corporation that is incorporated under the laws of this state or has qualified to transact intrastate business in this state, that begins business operations at or after the time of its incorporation and that reasonably estimates that it will have gross receipts, less returns and allowances, reportable to this state for the taxable year of one million dollars ($1,000,000) or less. “Qualified new corporation” does not include any corporation that began business operations as a sole proprietorship, a partnership, or any other form of business entity prior to its incorporation. This subdivision shall not apply to any corporation that reorganizes solely for the purpose of reducing its minimum franchise tax. -(4) This subdivision shall not apply to limited partnerships, as defined in Section 17935, limited liability companies, as defined in Section 17941, limited liability partnerships, as described in Section 17948, charitable -organizations, -corporations, -as described in Section 23703, regulated investment companies, as defined in Section 851 of the Internal Revenue Code, real estate investment trusts, as defined in Section 856 of the Internal Revenue Code, real estate mortgage investment conduits, as defined in Section 860D of the Internal Revenue Code, qualified Subchapter S subsidiaries, as defined in Section 1361(b)(3) of the Internal Revenue Code, or to the formation of any subsidiary corporation, to the extent applicable. -(5) For any taxable year beginning on or after January 1, 1999, and before January 1, 2000, if a corporation has qualified to pay five hundred dollars ($500) for the second taxable year under this subdivision, but in its second taxable year, the corporation’s gross receipts, as determined under paragraphs (1) and (2), exceed one million dollars ($1,000,000), an additional tax in the amount equal to three hundred dollars ($300) for the second taxable year shall be due and payable by the corporation on the due date of its return, without regard to extension, for that year. -(f) (1) Notwithstanding subdivision (a), every corporation that incorporates or qualifies to do business in this state on or after January 1, 2000, shall not be subject to the minimum franchise tax for its first taxable year. -(2) This subdivision shall not apply to limited partnerships, as defined in Section 17935, limited liability companies, as defined in Section 17941, limited liability partnerships, as described in Section 17948, charitable -organizations, -corporations, -as described in Section 23703, regulated investment companies, as defined in Section 851 of the Internal Revenue Code, real estate investment trusts, as defined in Section 856 of the Internal Revenue Code, real estate mortgage investment conduits, as defined in Section 860D of the Internal Revenue Code, and qualified Subchapter S subsidiaries, as defined in Section 1361(b)(3) of the Internal Revenue Code, to the extent applicable. -(3) This subdivision shall not apply to any corporation that reorganizes solely for the purpose of avoiding payment of its minimum franchise tax. -(g) Notwithstanding subdivision (a), a domestic corporation, as defined in Section 167 of the Corporations Code, that files a certificate of dissolution in the office of the Secretary of State pursuant to subdivision (b) of Section 1905 of the Corporations Code, prior to its amendment by the act amending this subdivision, and that does not thereafter do business shall not be subject to the minimum franchise tax for taxable years beginning on or after the date of that filing. -(h) The minimum franchise tax imposed by paragraph (1) of subdivision (d) shall not be increased by the Legislature by more than 10 percent during any calendar year. -(i) (1) Notwithstanding subdivision (a), a corporation that is a small business solely owned by a deployed member of the United States Armed Forces shall not be subject to the minimum franchise tax for any taxable year the owner is deployed and the corporation operates at a loss or ceases operation. -(2) The Franchise Tax Board may promulgate regulations as necessary or appropriate to carry out the purposes of this subdivision, including a definition for “ceases operation.” -(3) For the purposes of this subdivision, all of the following definitions apply: -(A) “Deployed” means being called to active duty or active service during a period when a Presidential Executive order specifies that the United States is engaged in combat or homeland defense. “Deployed” does not include either of the following: -(i) Temporary duty for the sole purpose of training or processing. -(ii) A permanent change of station. -(B) “Operates at a loss” means negative net income as defined in Section 24341. -(C) “Small business” means a corporation with total income from all sources derived from, or attributable, to the state of two hundred fifty thousand dollars ($250,000) or less. -(4) This subdivision shall become inoperative for taxable years beginning on or after January 1, 2018. -(j) (1) Notwithstanding subdivision (a) or (b) and subject to subdivision (f), for taxable years beginning on or after January 1, 2016, every corporation that is a new veteran-owned small business shall not be subject to the tax imposed by this section for its second and third taxable years. -(2) For purposes of this subdivision: -(A) “New veteran-owned small business” means a veteran-owned corporation that is incorporated under the laws of this state or has qualified to transact intrastate business in this state that begins business operations at or after the time of its incorporation, and that has a total income derived from, or attributable to, the state of two hundred fifty thousand dollars ($250,000) or less. “New veteran-owned small business” does not include any corporation that began business operations as a sole proprietorship, a partnership, or any other form of business entity prior to its incorporation. -(B) “Veteran” means an individual honorably discharged from the Armed Forces of the United States. -(C) “Veteran-owned corporation” means a corporation in which stock representing more than 50 percent of the voting power of the corporation and representing more than 50 percent value of the stock of the corporation is owned by one or more veterans. -(3) This subdivision shall not apply to any corporation that reorganizes solely for the purpose of reducing its minimum franchise tax. -SEC. 3. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","Existing law imposes an annual minimum franchise tax, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state. Existing law exempts a corporation that incorporates or qualifies to do business in this state from the payment of the minimum franchise tax in its first taxable year. -Existing law imposes an annual tax in an amount equal to the minimum franchise tax on every limited liability company doing business in this state. In addition, existing law requires every limited liability company if the articles of organization have been accepted by, or a certificate of registration has been issued by, the Secretary of State to pay an annual tax in an amount equal to the minimum franchise tax. -This bill, for taxable years beginning on or after January 1, 2016, would additionally eliminate that minimum franchise tax, in the 2nd and 3rd taxable years, for a corporation that is a new veteran-owned small business, and that annual tax, in the first 3 taxable years, for a limited liability company that is a new veteran-owned small business, as defined. -This bill would take effect immediately as a tax levy.","An act to amend Sections 17941 and 23153 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -488,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature hereby finds and declares all of the following: -(a) Recent public opinion research indicates that Californians, regardless of political party or income level, are worried about the costs of growing older. Two-thirds of respondents in the research said that they are apprehensive about being able to afford long-term care. Sixty-three percent of respondents worry as much about paying for long-term care as they do for their future health care. -(b) A majority of respondents could not afford more than three months of nursing home care at an average cost of six thousand dollars ($6,000) per month in California. About four in 10 respondents could not afford a single month of care at that rate. Among Latino voters, 88 percent said they do not have long-term care insurance or are not sure whether they are covered for supportive services like in-home care. Concerns about paying for long-term care cut across all income levels and all partisan affiliations. -(c) It is the intent of the Legislature to enact legislation establishing a task force to explore the feasibility of developing and implementing a culturally competent statewide insurance program for long-term care services and supports. -SEC. 2. -Section 10234.75 is added to the Insurance Code, to read: -10234.75. -(a) The Long Term Care Insurance Task Force (the task force) is hereby created in the Department of Insurance. Under the leadership of the commissioner, the task force shall examine the components necessary to design and implement a statewide long-term care insurance program. -(b) The task force shall consist of the following nine voting members: -(1) The commissioner, or his or her designee, who shall serve as the chair of the task force. -(2) The Director of Health Care Services, or his or her designee. -(3) The Director of the Department of Aging, or his or her designee. -(4) Four persons appointed by the Governor, as follows: -(A) A certified actuary with expertise in long-term care insurance. -(B) A nongovernment health policy expert. -(C) A representative of a long-term care provider association. -(D) A representative of a senior or consumer organization. -(5) One person, appointed by the Speaker of the Assembly, from an employee representative organization that represents long-term care workers. -(6) One person, appointed by the Senate Committee on Rules, from the long-term care insurance industry. -(c) A task force member shall not receive a per diem or other similar compensation for serving as a member of the task force. -(d) The Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) applies to meetings of the task force. -(e) The task force shall do all of the following: -(1) Explore how a statewide long-term care insurance program could be designed and implemented to expand the options for people who are interested in insuring themselves against the risk of costs associated with functional or cognitive disability, and require long-term care, services, and supports. -(2) Explore options for the design of the program, including eligibility, enrollment, benefits, financing, administration, and interaction with the Medi-Cal program and other publicly funded resources. In exploring these options, the task force shall consider all of the following: -(A) Whether and how a long-term care insurance program could be included as a benefit in the state disability insurance program structure, possibly through a nominal increase in the payroll tax, and whether the program could be structured in the same manner as Paid Family Leave benefits. -(B) Allowing for enrollment in the program of working adults who would make voluntary premium contributions either directly or through payroll deductions through their employer. -(C) To the extent feasible, requiring a mandatory enrollment with a voluntary opt-out option. -(D) Giving working adults the opportunity to plan for future long-term care needs by providing a basic insurance benefit to those who meet work requirements and have developed functional or equivalent cognitive limitations. -(E) Helping individuals with functional or cognitive limitations remain in their communities by purchasing nonmedical services and supports such as home health care and adult day care. -(F) Helping offset the costs incurred by adults with chronic and disabling conditions. The program need not be designed to cover the entire cost associated with an individual’s long-term care needs. -(3) Evaluate how benefits under the program would be coordinated with existing private health care coverage benefits. -(4) Evaluate the demands on the long-term care workforce as the need for long-term care in California grows, and how the long-term care workforce can be prepared to meet those demands. -(5) Consider the establishment of a joint public and private system to make long-term care accessible to as many individuals within California as possible. -(6) Make recommendations related to key regulatory provisions necessary for the public to access existing long-term care insurance programs and participate in future long-term care insurance programs, whether those programs are recommended by the task force or otherwise. -(f) The department shall operate within its existing budgetary resources for purposes of implementing this section. Any governmental agency that participates in the task force shall operate within its existing budgetary resources for purposes of that participation. -(g) The task force shall recommend options for establishing a statewide long-term care insurance program and comment on the respective degrees of feasibility of those options in a report submitted to the commissioner, the Governor, and the Legislature on or before July 1, 2017. The report submitted to the Legislature shall be submitted in accordance with Section 9795 of the Government Code. -(h) To ensure an adequate benefit within a solvent program, the department shall, no later than July 1, 2018, produce an actuarial report of the recommendations made by the task force pursuant to subdivision (g). The report shall be shared with and approved by the members of the task force. If approved the report shall be submitted to the Legislature in accordance with Section 9795 of the Government Code. -(i) The commissioner may seek private funds for purposes of implementing this section. -(j) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.","Existing law provides for the regulation of long-term care insurance by the Insurance Commissioner and prescribes various requirements and conditions governing the delivery of individual or group long-term care insurance in the state. Existing law establishes the California Partnership for Long-Term Care Program to link private long-term care insurance and health care service plan contracts that cover long-term care with the In-Home Supportive Services program and Medi-Cal and to provide Medi-Cal benefits to certain individuals who have income and resources above the eligibility levels for receipt of medical assistance, but who have purchased certified private long-term care insurance policies. -This bill would establish the Long Term Care Insurance Task Force in the Department of Insurance, chaired by the Insurance Commissioner or his or her designee, and composed of specified stakeholders and representatives of government agencies to examine the components necessary to design and implement a statewide long-term care insurance program, as specified. The bill would require the task force to recommend options for establishing this program and to comment on their respective degrees of feasibility in a report submitted to the commissioner, the Governor, and the Legislature by July 1, 2017. The bill would require the department to produce, no later than July 1, 2018, an actuarial report of those recommendations, to be shared with and approved by the task force. If approved, the bill would require the report to be submitted to the Legislature, as specified.","An act to add and repeal Section 10234.75 of the Insurance Code, relating to insurance." -489,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 3 (commencing with Section 39150) is added to Part 1 of Division 26 of the Health and Safety Code, to read: -CHAPTER 3. Minor Violations -39150. -(a) The Legislature hereby finds and declares that the purpose of this chapter is to establish an enforcement policy for violations of this division that the enforcement agency finds are minor when the danger they pose to, or the potential that they have for endangering, human health, safety, or welfare or the environment is taken into account. -(b) It is the intent of the Legislature in enacting this chapter to provide a more resource-efficient enforcement mechanism, faster compliance times, and the creation of a productive and cooperative working relationship between the state board, the districts, and the regulated community while maintaining protection of human -health and safety -health, safety, and welfare -and the environment. -(c) -The -Except as provided in Section 39154, the -state board and each district shall, for their respective jurisdictions, implement this chapter by adopting a regulation or a rule that classifies the types of violations of this division, or of the regulations, rules, standards, orders, permit conditions, or other requirements adopted pursuant to this division, that the state board or the district finds are minor violations in accordance with subdivision (d). -(d) In classifying the types of violations that are minor violations, the state board or the district shall consider all of the following factors: -(1) The magnitude of the violation. -(2) The scope of the violation. -(3) The severity of the violation. -(4) The degree to which a violation puts human health, safety, or welfare or the environment into jeopardy. -(5) The degree to which a violation could contribute to the failure to accomplish an important goal or program objective as established by this division. -(6) The degree to which a violation -may -could -make it difficult to determine if the violator is in compliance with other requirements of this division. -(e) For purposes of this chapter, a minor violation of this division shall not include any of the following: -(1) Any knowing, willful, or intentional violation of this division. -(2) Any violation of this division that enables the violator to benefit economically from noncompliance, either by realizing reduced costs or by gaining a competitive advantage. -(3) Any violation that is a chronic violation or that is committed by a recalcitrant violator. -(f) In determining whether a violation is chronic or a violator is recalcitrant, for purposes of paragraph (3) of subdivision (e), the state board or district or an authorized or designated officer shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to the requirements of this division or the requirements adopted pursuant to this division. -39151. -For purposes of this chapter, “notice to comply” means a written method of alleging a minor violation that is in compliance with all of the following requirements: -(a) The notice to comply is written in the course of conducting an inspection by an authorized representative of the state board or district or an authorized or designated officer. If testing is required by the state board or district or an authorized or designated officer to determine compliance, and the testing cannot be conducted during the course of the inspection, the representative of the state board or the district or an authorized or designated officer shall have a reasonable period of time to conduct the required testing. If, after the test results are available, the representative of the state board or district or an authorized or designated officer determines that the issuance of a notice to comply is warranted, the representative or officer shall immediately notify the facility owner or operator in writing. -(b) A copy of the notice to comply is presented to a person who is an owner, operator, employee, or representative of the facility being inspected at the time that the notice to comply is written. If offsite testing is required pursuant to subdivision (a), a copy of the notice to comply may be mailed to the owner or operator of the facility. -(c) The notice to comply clearly states the nature of the alleged minor violation, a means by which compliance with the requirement cited by the state board’s or district’s representative or an authorized or designated officer may be achieved, and a time limit in which to comply, which shall not exceed 30 days. -(d) The notice to comply shall contain the information specified in subdivision (h) of Section 39152 with regard to the possible reinspection of the facility. -39152. -(a) An authorized representative of the state board or district or an authorized or designated officer, who, in the course of conducting an inspection, detects a minor violation shall issue a notice to comply before leaving the site at which the minor violation is alleged to have occurred if the authorized representative finds that a notice to comply is warranted. -(b) A person who receives a notice to comply pursuant to subdivision (a) shall have the period specified in the notice to comply from the date of receipt of the notice to comply in which to achieve compliance with the requirement cited on the notice to comply. Within five working days of achieving compliance, the person who received the notice to comply shall sign the notice to comply and return it to the state board’s or district’s representative or an authorized or designated officer, stating that the person has complied with the notice to comply. A false statement that compliance has been achieved is a violation of this division pursuant to Section 42400.2 or 42402.2. -(c) A single notice to comply shall be issued for all minor violations cited during the same inspection and the notice to comply shall separately list each cited minor violation and the manner in which each minor violation may be brought into compliance. -(d) A notice to comply shall not be issued for any minor violation that is corrected immediately in the presence of the inspector. Immediate compliance in that manner may be noted in the inspection report, but the person shall not be subject to any further action by the state board’s or district’s representative or an authorized or designated officer. -(e) Except as otherwise provided in subdivision (g), a notice to comply shall be the only means by which the state board’s or district’s representative or an authorized or designated officer shall cite a minor violation. The state board’s or district’s representative or an authorized or designated officer shall not take any other enforcement action specified in this division to enforce the minor violation against a person who has received a notice to comply if the person is in compliance with this section. -(f) If a person who receives a notice to comply pursuant to subdivision (a) disagrees with one or more of the alleged violations cited in the notice to comply, the person shall give written notice of appeal to the state board or district, which shall develop a process for reviewing and determining the disposition of the appeal. -(g) Notwithstanding any other provision of this section, if a person fails to comply with a notice to comply within the prescribed period, or if the state board or district or an authorized or designated officer determines that the circumstances surrounding a particular minor violation are such that immediate enforcement is warranted to prevent harm to -the public health or safety or to -human health, safety, or welfare or -the environment, the state board or district or an authorized or designated officer may take any needed enforcement action authorized by this division. -(h) A notice to comply issued to a person pursuant to this section shall contain a statement that the inspected facility may be subject to reinspection at any time. Nothing in this section shall be construed as preventing the reinspection of a facility to ensure compliance or to ensure that minor violations cited in a notice to comply have been corrected. -(i) Nothing in this section shall be construed as preventing the state board or district or an authorized or designated officer, on a case-by-case basis, from requiring a person subject to a notice to comply to submit reasonable and necessary documentation to support a claim of compliance by the person. -(j) Nothing in this section restricts the power of a city attorney, district attorney, county counsel, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law. Furthermore, nothing in this section prevents the state board or district, or any representative of the state board or district, from cooperating with, or participating in, such a proceeding. -(k) Notwithstanding any other provision of this section, if the state board or district or an authorized or designated officer determines that the circumstances surrounding a particular minor violation are such that the assessment of a civil penalty pursuant to this division is warranted or required by federal law, in addition to issuance of a notice to comply, the state board or district or an authorized or designated officer shall assess a civil penalty in accordance with this division, if the state board or district or an authorized or designated officer makes written findings that set forth the basis for the determination of the state board or district. -39153. -On or before January 1, 2020, the state board shall report to the Legislature on actions taken by the state board and the districts to implement this chapter and the results of that implementation. Each district shall provide the state board with the information that the state board requests to determine the degree to which the purposes described in subdivision (a) of Section 39150 have been achieved. The report shall be submitted consistent with Section 9795 of the Government Code. -39154. -Sections 39150, 39151, and 39152 do not apply to a district that, as of January 1, 2015, has in effect a program with provisions similar to those required by this chapter. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law authorizes the State Air Resources Board and air pollution control and air quality management districts to enforce air quality laws. -This bill would require the State Air Resources Board and air pollution control and air quality management districts to adopt regulations classifying minor violations. The bill would define the term “notice to comply” and would require a representative of those agencies, who in the course of conducting an inspection detects a minor violation, to issue a notice to comply, as specified. -The bill would exempt an air pollution control or air quality management district from these provisions if it has in effect, as of January 1, 2015, a program with similar provisions, as specified. -The bill would require the State Air Resources Board to report to the Legislature by January 1, 2020, regarding implementation of the bill. -Because the bill would make a false statement of compliance submitted under those procedures a crime pursuant to specified provisions, the bill would impose a state-mandated local program by creating a new crime. In addition, the bill would impose a state-mandated local program by imposing new requirements on air pollution control and air quality management districts. -(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Chapter 3 (commencing with Section 39150) to Part 1 of Division 26 of the Health and Safety Code, relating to air pollution." -490,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Various economic studies have shown that the biggest burden on family incomes is the cost of housing and transportation. These two variables greatly affect the quality of life for Californians. -(b) Los Angeles County voters have recognized the importance of investing in a transportation network that is responsive to the needs of commuters and transit users and that facilitates the movement of goods in the region. Los Angeles County has three existing voter-approved sales tax measures for transportation projects administered by Los Angeles County Metropolitan Transportation Authority (MTA). -(c) In 1980, voters in Los Angeles County approved Proposition A, a sales tax of one-half of 1 percent on most retail sales in Los Angeles County. The MTA returns 25 percent of Proposition A proceeds to the cities in Los Angeles County for transportation purposes. Thirty-five percent of Proposition A proceeds is required to be used for rail development while the remaining 40 percent is for discretionary purposes. Almost all of the discretionary portion is used to fund bus service provided by the MTA and 16 other municipal bus operators within Los Angeles County. The collection of the sales tax is ongoing. -(d) In 1990, voters in Los Angeles County approved Proposition C, an additional sales tax of one-half of 1 percent on retail sales in Los Angeles County. The MTA returns 20 percent of Proposition C proceeds to the cities in Los Angeles County for transportation purposes. Forty percent of the Proposition C proceeds is required to be used for construction and operation of the bus transit and rail system, 5 percent to expand rail and bus security, 10 percent for commuter -rail, -rail -and construction of transit centers, park and ride lots, and freeway bus stops, and 25 percent for transit-related improvements to freeways and state highways. The collection of the sales tax is ongoing. -(e) Most recently, voters in Los Angeles County approved Measure R in 2008. Measure R is an ordinance authorizing an additional sales tax of one-half of 1 percent to fund traffic relief and rail expansion according to an expenditure plan contained in the ordinance. Measure R became effective July 1, 2009, and will remain in effect for 30 years. -(f) MTA has been entrusted with the responsibility and has the voters’ confidence that it will protect and use the sales tax funding responsibly and according to the rules approved by the voters. -SEC. 2. -Section 130350.7 is added to the Public Utilities Code, to read: -130350.7. -(a) The Los Angeles County Metropolitan Transportation Authority (MTA), in addition to any other tax it is authorized to impose or has imposed, may impose a transactions and use tax at the rate of 0.5 percent, for a period not to exceed 30 years, that is applicable in the incorporated and unincorporated areas of the County of Los Angeles. -(b) The ordinance imposing the tax shall contain all of the following: -(1) An expenditure plan that lists the transportation projects and programs to be funded from net revenues from the tax. The expenditure plan shall appear in the ordinance as an exhibit. The expenditure plan shall include measures that ensure net revenues are shared equitably between regions of the county. -(2) Provisions conforming to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), except as otherwise provided in subdivision (f). -(3) A provision limiting the MTA’s costs of administering the ordinance and the net revenues from the tax to 1.5 percent of the total tax revenues. -(4) A requirement that the net revenues from the tax, defined to mean the total tax revenues less any refunds, costs of administration by the State Board of Equalization, and the MTA’s administration costs, shall be used by the MTA to fund transportation projects and programs identified in the expenditure plan. -(5) A requirement that the MTA, during the period that the ordinance is operative, allocate -____ -20 -percent of all net revenues derived from the tax for bus operations. These revenues shall be allocated to all eligible and included municipal transit operators in the County of Los Angeles and to the MTA, in accordance with Section 99285. However, the allocations to the MTA and eligible and included municipal operators shall be made solely from revenues derived from a tax imposed pursuant to this section, and not from local discretionary sources. Funds allocated by MTA to itself pursuant to this section shall be used for transit operations and shall not supplant funds from any other source allocated by MTA to itself for public transit operations. Funds allocated by MTA to the eligible and included municipal operators pursuant to this section shall be used for transit operations and shall not supplant any funds authorized by other provisions of law and allocated by MTA to the eligible and included municipal operators for public transit. In addition to this amount, the MTA shall allocate -____ -5 -percent of all net revenues derived from the tax for rail operations. -(c) The MTA shall notify the Legislature prior to the adoption of amendments to the adopted expenditure plan. -(d) The ordinance shall be adopted by the MTA board, which shall also adopt a resolution that submits the ordinance to the voters. -(e) The ordinance shall become operative pursuant to Section 130352 if approved by two-thirds of the voters voting on the measure, pursuant to subdivision (d) of Section 2 of Article XIII C of the California Constitution. -(f) The MTA may incur bonded indebtedness payable from the net revenues of the tax pursuant to the bond issuance provisions of this chapter and any successor act. -(g) The tax authorized by this section shall be imposed pursuant to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), notwithstanding the combined rate limitation in Section 7251.1 of the Revenue and Taxation Code.","Existing law authorizes the Los Angeles County Metropolitan Transportation Authority (MTA) to impose, in addition to any other tax that it is authorized to impose, a transactions and use tax at a rate of 0.5% for the funding of specified transportation-related projects and programs, subject to various requirements, including the adoption of an expenditure plan and voter approval. Existing law authorizes the MTA to seek voter approval to extend the transactions and use tax pursuant to an amended ordinance, subject to various requirements, including adoption of an amended expenditure plan that, among other things, updates certain cost estimates and identifies expected completion dates for projects and programs under the previous expenditure plan, and also requires the amended expenditure plan to be included in an updated long range transportation plan, as specified. -This bill would authorize the MTA to impose an additional transportation transactions and use tax at a rate of 0.5%, for a period not to exceed 30 years, subject to various requirements, including the adoption of an expenditure plan and voter approval. -The Transactions and Use Tax Law limits to 2% the combined rate of all transactions and use taxes imposed in any county, with certain exceptions. -This bill would exempt the transactions and use tax authorized by the bill from this limitation.","An act to add Section 130350.7 -to, -to -the Public Utilities Code, relating to transportation." -491,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10010 of the Elections Code is amended to read: -10010. -(a) A political subdivision that changes from an at-large method of election to a district-based election, or that establishes district-based elections, shall do all of the following before a public hearing at which the governing body of the political subdivision votes to approve or defeat an ordinance establishing district-based elections: -(1) Before drawing a draft map or maps of the proposed boundaries of the districts, the political subdivision shall hold at least two public hearings over a period of no more than thirty days, at which the public is invited to provide input regarding the composition of the districts. Before these hearings, the political subdivision may conduct outreach to the public, including to non-English-speaking communities, to explain the districting process and to encourage public participation. -(2) After all draft maps are drawn, the political subdivision shall publish and make available for release at least one draft map and, if members of the governing body of the political subdivision will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections. The political subdivision shall also hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. The first version of a draft map shall be published at least seven days before consideration at a hearing. If a draft map is revised at or following a hearing, it shall be published and made available to the public for at least seven days before being adopted. -(b) In determining the final sequence of the district elections conducted in a political subdivision in which members of the governing body will be elected at different times to provide for staggered terms of office, the governing body shall give special consideration to the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of this code), and it shall take into account the preferences expressed by members of the districts. -(c) This section applies to, but is not limited to, a proposal that is required due to a court-imposed change from an at-large method of election to a district-based election. -(d) For purposes of this section, the following terms have the following meanings: -(1) “At-large method of election” has the same meaning as set forth in subdivision (a) of Section 14026. -(2) “District-based election” has the same meaning as set forth in subdivision (b) of Section 14026. -(3) “Political subdivision” has the same meaning as set forth in subdivision (c) of Section 14026. -(e) (1) Before commencing an action to enforce Sections 14027 and 14028, a prospective plaintiff shall send by certified mail a written notice to the clerk of the political subdivision against which the action would be brought asserting that the political subdivision’s method of conducting elections may violate the California Voting Rights Act. -(2) A prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028 within 45 days of the political subdivision’s receipt of the written notice described in paragraph (1). -(3) (A) Before receiving a written notice described in paragraph (1), or within 45 days of receipt of a notice, a political subdivision may pass a resolution outlining its intention to transition from at-large to district-based elections, specific steps it will undertake to facilitate this transition, and an estimated time frame for doing so. -(B) If a political subdivision passes a resolution pursuant to subparagraph (A), a prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028 within 90 days of the resolution’s passage. -(f) (1) If a political subdivision adopts an ordinance establishing district-based elections pursuant to subdivision (a), a prospective plaintiff who sent a written notice pursuant to subdivision (e) before the political subdivision passed its resolution of intention may, within 30 days of the ordinance’s adoption, demand reimbursement for the cost of the work product generated to support the notice. A prospective plaintiff shall make the demand in writing and shall substantiate the demand with financial documentation, such as a detailed invoice for demography services. A political subdivision may request additional documentation if the provided documentation is insufficient to corroborate the claimed costs. A political subdivision shall reimburse a prospective plaintiff for reasonable costs claimed, or in an amount to which the parties mutually agree, within 45 days of receiving the written demand, except as provided in paragraph (2). In all cases, the amount of the reimbursement shall not exceed the cap described in paragraph (3). -(2) If more than one prospective plaintiff is entitled to reimbursement, the political subdivision shall reimburse the prospective plaintiffs in the order in which they sent a written notice pursuant to paragraph (1) of subdivision (e), and the 45-day time period described in paragraph (1) shall apply only to reimbursement of the first prospective plaintiff who sent a written notice. The cumulative amount of reimbursements to all prospective plaintiffs shall not exceed the cap described in paragraph (3). -(3) The amount of reimbursement required by this section is capped at $30,000, as adjusted annually to the Consumer Price Index for All Urban Consumers, U.S. city average, as published by the United States Department of Labor. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for political subdivisions that encompass areas of representation within the state. With respect to these areas, public officials are generally elected by all of the voters of the political subdivision (at-large) or by districts formed within the political subdivision (district-based). Existing law requires a political subdivision, as defined, that changes from an at-large method of election to a district-based election to hold at least 2 public hearings on a proposal to establish the district boundaries of the political subdivision before a public hearing at which the governing body of the political subdivision votes to approve or defeat the proposal. -This bill would instead require a political subdivision that changes to, or establishes, district-based elections to hold public hearings before and after drawing a preliminary map or maps of the proposed district boundaries, as specified. -Existing law, the California Voting Rights Act of 2001 (CVRA), prohibits the use of an at-large method of election in a political subdivision if it would impair the ability of a protected class, as defined, to elect candidates of its choice or otherwise influence the outcome of an election. The CVRA provides that a voter who is a member of a protected class may bring an action in superior court to enforce its provisions. -This bill would require a prospective plaintiff under the CVRA to first send a written notice to the political subdivision against which the action would be brought indicating that the method of election used by the political subdivision may violate the CVRA. The bill would permit the political subdivision to take ameliorative steps to correct the alleged violation before the prospective plaintiff commences litigation, and it would stay the prospective plaintiff’s ability to file suit for a prescribed amount of time. This bill would also permit a prospective plaintiff who sent a written notice, as described, to recover from the political subdivision reasonable costs incurred in supporting the written notice. -Because the bill would impose additional duties on local agencies, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 10010 of the Elections Code, relating to elections." -492,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares that the environmental degradation of Bouquet Creek in Bouquet Canyon caused by a devastating wildfire in 2002 and the historic floods in the winter of 2004–05 has severely impacted the habitat of the unarmored threespine stickleback. In order to restore the environment for this fully protected species, the Los Angeles County Department of Public Works, the Los Angeles Department of Water and Power, and the United States Department of Agriculture, Forest Service, must be authorized to take the unarmored threespine stickleback to complete their environmental restoration project on Bouquet Creek in Bouquet Canyon. -SEC. 2. -Section 2081.6 is added to the Fish and Game Code, to read: -2081.6. -(a) The department may authorize, under this chapter, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from impacts attributable to the habitat restoration project to restore, maintain, and improve riparian habitat on public lands in the geographic area defined in paragraph (1) and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands, undertaken by the Los Angeles County Department of Public Works, the Los Angeles Department of Water and Power, and the United States Department of Agriculture, Forest Service, if all of the following conditions are satisfied: -(1) The take authorization is limited to the portion of Bouquet Creek located from a position normal to mile marker 8.3 on Bouquet Canyon Road to a position normal to mile marker 16.3 on Bouquet Canyon Road, inclusive. -(2) The department has determined that the appropriate agreements have been executed to address environmental impacts at the Bouquet Canyon area, including, but not limited to, Bouquet Creek. -(3) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the unarmored threespine stickleback. -(4) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the projects. -(5) A biologist will be on duty whenever an activity is conducted that may affect the unarmored threespine stickleback. -(6) The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process that satisfy the conservation standard of subdivision (d) of Section 2805 for monitoring the effectiveness of, and adjusting, as necessary, the measures to minimize and fully mitigate the impacts of the authorized take. -(7) The take authorization provides for the development and implementation, in cooperation with state and federal agencies, of an adaptive management process that substantially contributes to the long-term conservation of the unarmored threespine stickleback. -(b) This section shall not be construed to exempt the projects described in subdivision (a) from any other law. -(c) This section shall not be construed to affect the contractual obligations of the Los Angeles Department of Water and Power to provide water from Bouquet Reservoir. -SEC. 3. -Section 5515 of the Fish and Game Code is amended to read: -5515. -(a) (1) Except as provided in Section 2081.6, 2081.7, or 2835, fully protected fish or parts thereof may not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of permits or licenses to take any fully protected fish, and no permits or licenses heretofore issued shall have any force or effect for that purpose. However, the department may authorize the taking of those species for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of any of those species, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide any relevant information and comments on the proposed authorization. -(2) As used in this subdivision, “scientific research” does not include any actions taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. -(3) Legally imported fully protected fish or parts thereof may be possessed under a permit issued by the department. -(b) The following are fully protected fish: -(1) Colorado River squawfish (Ptychocheilus lucius). -(2) Thicktail chub (Gila crassicauda). -(3) Mohave chub (Gila mohavensis). -(4) Lost River sucker (Catostomus luxatus). -(5) Modoc sucker (Catostomus microps). -(6) Shortnose sucker (Chasmistes brevirostris). -(7) Humpback sucker (Xyrauchen texanus). -(8) Owens River pupfish (Cyprinoden radiosus). -(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). -(10) Rough sculpin (Cottus asperrimus). -SEC. 3.5. -Section 5515 of the Fish and Game Code is amended to read: -5515. -(a) (1) Except as provided in this section, Section 2081.6, Section 2081.7, or Section 2835, a fully protected fish may not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. -(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. -(3) A legally imported fully protected fish may be possessed under a permit issued by the department. -(b) The following are fully protected fish: -(1) Colorado River squawfish (Ptychocheilus lucius). -(2) Thicktail chub (Gila crassicauda). -(3) Mohave chub (Gila mohavensis). -(4) Lost River sucker (Catostomus luxatus). -(5) Modoc sucker (Catostomus microps). -(6) Shortnose sucker (Chasmistes brevirostris). -(7) Humpback sucker (Xyrauchen texanus). -(8) Owens River pupfish (Cyprinoden radiosus). -(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). -(10) Rough sculpin (Cottus asperrimus). -SEC. 4. -Section 3.5 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 1527. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, but this bill becomes operative first, (2) each bill amends Section 5515 of the Fish and Game Code, and (3) this bill is enacted after Assembly Bill 1527, in which case Section 5515 of the Fish and Game Code, as amended by Section 3 of this bill, shall remain operative only until the operative date of Assembly Bill 1527, at which time Section 3.5 of this bill shall become operative. -SEC. 5. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order for the unarmored threespine stickleback habitat restoration project on Bouquet Creek in Bouquet Canyon proposed by the Los Angeles County Department of Public Works to receive a take permit from the Department of Fish and Wildlife so that this project may begin as soon as possible, it is necessary for this act to take effect immediately.","Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the unarmored threespine stickleback as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated. -This bill would permit the department to authorize, under the California Endangered Species Act, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from impacts attributable to the habitat restoration project to restore, maintain, and improve riparian habitat on public lands in a prescribed portion of Bouquet Creek and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands, as specified, if certain conditions are satisfied. -This bill would incorporate additional changes in Section 5515 of the Fish and Game Code, proposed by AB 1527, to be operative only if AB 1527 and this bill are chaptered and become effective on or before January 1, 2016, and this bill is chaptered last. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 5515 of, and to add Section 2081.6 to, the Fish and Game Code, relating to fish, and declaring the urgency thereof, to take effect immediately." -493,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1531.6 is added to the Code of Civil Procedure, to read: -1531.6. -(a) In addition to the notices required pursuant to this chapter, the Controller may mail a separate notice to an apparent owner of a United States savings bond, war bond, or military award whose name is shown on or can be associated with the contents of a safe deposit box or other safekeeping repository and is different from the reported owner of the safe deposit box or other safekeeping repository. -(b) A notice sent pursuant to this section shall not contain a photograph or likeness of an elected official. -(c) (1) Notwithstanding any other law, upon request of the Controller, a state or local governmental agency may furnish to the Controller from its records the address or other identification or location information that could reasonably be used to locate an owner of unclaimed property. -(2) If the address or other identification or location information requested by the Controller is deemed confidential under any law or regulation of the state, it shall nevertheless be furnished to the Controller. However, neither the Controller nor any officer, agent, or employee of the Controller shall use or disclose that information, except as may be necessary in attempting to locate the owner of unclaimed property. -(3) This subdivision shall not be construed to require disclosure of information in violation of federal law. -(4) If a fee or charge is customarily made for the information requested by the Controller, the Controller shall pay the customary fee or charge. -(d) Costs for administering this section shall be subject to the level of appropriation in the annual Budget Act. -SEC. 2. -Section 1563 of the Code of Civil Procedure is amended to read: -1563. -(a) Except as provided in subdivisions (b) and (c), all escheated property delivered to the Controller under this chapter shall be sold by the Controller to the highest bidder at public sale in whatever city in the state affords in his or her judgment the most favorable market for the property involved, or the Controller may conduct the sale by electronic media, including, but not limited to, the Internet, if in his or her judgment it is cost effective to conduct the sale of the property involved in that manner. However, no sale shall be made pursuant to this subdivision until 18 months after the final date for filing the report required by Section 1530. The Controller may decline the highest bid and reoffer the property for sale if he or she considers the price bid insufficient. The Controller need not offer any property for sale if, in his or her opinion, the probable cost of sale exceeds the value of the property. Any sale of escheated property held under this section shall be preceded by a single publication of notice thereof, at least one week in advance of sale, in an English language newspaper of general circulation in the county where the property is to be sold. -(b) Securities listed on an established stock exchange shall be sold at the prevailing prices on that exchange. Other securities may be sold over the counter at prevailing prices or, with prior approval of the California Victim Compensation and Government Claims Board, by any other method that the Controller may determine to be advisable. These securities shall be sold by the Controller no sooner than 18 months, but no later than 20 months, after the final date for filing the report required by Section 1530. If securities delivered to the Controller by a holder of the securities remain in the custody of the Controller, a person making a valid claim for those securities under this chapter shall be entitled to receive the securities from the Controller. If the securities have been sold, the person shall be entitled to receive the net proceeds received by the Controller from the sale of the securities. United States government savings bonds and United States war bonds shall be presented to the United States for payment. Subdivision (a) does not apply to the property described in this subdivision. -(c) (1) All escheated property consisting of military awards, decorations, equipment, artifacts, memorabilia, documents, photographs, films, literature, and any other item relating to the military history of California and Californians that is delivered to the Controller is exempt from subdivision (a) and may, at the discretion of the Controller, be held in trust for the Controller at the California State Military Museum and Resource Center, or successor entity. All escheated property held in trust pursuant to this subdivision is subject to the applicable regulations of the United States Army governing Army museum activities as described in Section 179 of the Military and Veterans Code. Any person claiming an interest in the escheated property may file a claim to the property pursuant to Article 4 (commencing with Section 1540). -(2) The California State Military Museum and Resource Center, or successor entity, shall be responsible for the costs of storage and maintenance of escheated property delivered by the Controller under this subdivision. -(d) The purchaser at any sale conducted by the Controller pursuant to this chapter shall receive title to the property purchased, free from all claims of the owner or prior holder thereof and of all persons claiming through or under them. The Controller shall execute all documents necessary to complete the transfer of title.","Existing law, the Unclaimed Property Law, governs the disposition of unclaimed property, including the escheat of certain property to the state. Existing law provides for the escheat to the state of the contents of, or proceeds of sale of the contents of, any safe deposit box or any other safekeeping repository held in the state by a business association, as specified. In cases where the contents of a safe deposit box or other safekeeping repository escheat to the state, existing law requires the business association to report to the Controller certain information regarding the property and owner, including a description of the property and the place where it is held and may be inspected by the Controller. Within 165 days after the final date for filing the report, existing law requires the Controller to mail a notice to each person having an address listed in the report who appears to be entitled to property escheated, as specified. -This bill would additionally authorize the Controller to mail a separate notice to an apparent owner of a United States savings bond, war bond, or military award inside a safe deposit box or other safekeeping repository whose name is shown on or can be associated with the contents of a safe deposit box or other safekeeping repository and is different from the name of the reported owner.","An act to amend Section 1563 of, and to add Section 1531.6 to, the Code of Civil Procedure, relating to unclaimed property." -494,"The people of the State of California do enact as follows: - - -SECTION 1. -Part 9.5 (commencing with Section 2500) is added to Division 2 of the Labor Code, to read: -PART 9.5. Grocery Workers -2500. -(a) Supermarkets and other grocery retailers are the primary points of distribution for food and other daily necessities for the residents of California and are therefore essential to the vitality of every California community. -(b) The state has a compelling interest in ensuring the welfare of the residents of its communities through the maintenance of health and safety standards in grocery establishments. -(c) Experienced grocery retail workers with knowledge of proper sanitation procedures, health regulations and laws, and an experience-based understanding of the clientele and communities in which the retailer is located are essential in furthering this interest and the state’s investments in health and safety. -(d) A transitional retention period for grocery retail workers upon change of ownership, control, or operation of grocery stores ensures stability throughout the state for these vital workers, which, in turn, results in preservation of health and safety standards. -2502. -For purposes of this part, the following definitions shall apply: -(a) “Change in control” means any sale, assignment, transfer, contribution, or other disposition of all or substantially all of the assets or a controlling interest, including by consolidation, merger, or reorganization, of the incumbent grocery employer or any person who controls the incumbent grocery employer or any grocery establishment under the operation or control of either the incumbent grocery employer or any person who controls the incumbent grocery employer. -(b) “Eligible grocery worker” means any individual whose primary place of employment is at the grocery establishment subject to a change in control, and who has worked for the incumbent grocery employer for at least six months prior to the execution of the transfer document. “Eligible grocery worker” does not include a managerial, supervisory, or confidential employee. -(c) “Employment commencement date” means the date on which an eligible grocery worker retained by the successor grocery employer pursuant to this part commences work for the successor grocery employer in exchange for benefits and compensation under the terms and conditions established by the successor grocery employer and as required by law. -(d) “Grocery establishment” means a retail store in this state that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods. Other household supplies or other products shall be secondary to the primary purpose of food sales. -(e) “Incumbent grocery employer” means the person that owns, controls, or operates the grocery establishment at the time of the change in control. -(f) “Person” means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign. -(g) “Successor grocery employer” means the person that owns, controls, or operates the grocery establishment after the change in control. -(h) “Transfer document” means the purchase agreement or other document effecting the change in control. -2504. -(a) The incumbent grocery employer shall, within 15 days after the execution of the transfer document, provide to the successor grocery employer the name, address, date of hire, and employment occupation classification of each eligible grocery worker. -(b) The successor grocery employer shall maintain a preferential hiring list of eligible grocery workers identified by the incumbent grocery employer pursuant to subdivision (a) and shall hire from that list for a period beginning upon the execution of the transfer document and continuing for 90 days after the grocery establishment is fully operational and open to the public under the successor grocery employer. -(c) If the successor grocery employer extends an offer of employment to an eligible grocery worker pursuant to this part, the successor grocery employer shall retain written verification of that offer for at least three years after the date of the offer. The verification shall include the name, address, date of hire, and employment occupation classification of each eligible grocery worker. -2506. -(a) A successor grocery employer shall retain each eligible grocery worker hired pursuant to this part for at least 90 days after the eligible grocery worker’s employment commencement date. During this 90-day transition employment period, eligible grocery workers shall be employed under the terms and conditions established by the successor grocery employer and pursuant to the terms of a relevant collective bargaining agreement, if any. -(b) If, within the period established in subdivision (b) of Section 2504, the successor grocery employer determines that it requires fewer eligible grocery workers than were required by the incumbent grocery employer, the successor grocery employer shall retain eligible grocery workers by seniority within each job classification to the extent that comparable job classifications exist or pursuant to the terms of a relevant collective bargaining agreement, if any. Nonclassified eligible grocery workers shall be retained by seniority and according to experience or pursuant to the terms of a relevant collective bargaining agreement, if any. -(c) During the 90-day transition employment period, the successor grocery employer shall not discharge without cause an eligible grocery worker retained pursuant to this part. -(d) At the end of the 90-day transition employment period, the successor grocery employer shall make a written performance evaluation for each eligible grocery worker retained pursuant to this part. If the eligible grocery worker’s performance during the 90-day transition employment period is satisfactory, the successor grocery employer shall consider offering the eligible grocery worker continued employment under the terms and conditions established by the successor grocery employer and as required by law. The successor grocery employer shall retain a record of the written performance evaluation for at least three years. -2508. -(a) The incumbent grocery employer shall post public notice of the change in control at the location of the affected grocery establishment within five business days following the execution of the transfer document. Notice shall remain posted during any closure of the grocery establishment and until the grocery establishment is fully operational and open to the public under the successor grocery employer. -(b) Notice shall include, but not be limited to, the name of the incumbent grocery employer and its contact information, the name of the successor grocery employer and its contact information, and the effective date of the change in control. -(c) Notice shall be posted in a conspicuous place at the grocery establishment in a manner to be readily viewed by eligible grocery workers and other employees, customers, and members of the public. -2512. -Parties subject to this part may, by collective bargaining agreement, provide that the agreement supersedes the requirements of this part. -2516. -This part shall not apply to grocery establishments that will be located in geographic areas designated by the United States Department of Agriculture as a food desert, based on the original food desert measure contained in the Food Access Research Atlas, provided that both of the following apply: -(a) More than six years have elapsed since the most recent grocery establishment was located in the area designated as a food desert. -(b) The grocery establishment stocks and during normal business hours sells fresh fruit and vegetables in amounts and of a quality that is comparable to what the establishment sells in its three geographically closest stores, which are located outside of the food desert. -2518. -This part shall not be construed to limit an eligible grocery worker’s right to bring legal action for wrongful termination. -2520. -This part does not preempt any city, county, or city and county ordinances that provide equal or greater protection to eligible grocery workers. -2522. -The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law regulates various aspects of the workplace and employee safety and health. -This bill, upon a change in control of a grocery establishment, would require an incumbent grocery employer to prepare a list of specified eligible grocery workers for a successor grocery employer, and would require the successor grocery employer to hire from this list during a 90-day transition period. The bill would require the successor grocery employer to retain eligible grocery workers for a 90-day period, prohibit the successor grocery employer from discharging those workers without cause during that period, and, upon the close of that period, require the successor grocery employer to consider offering continued employment to those workers. The bill would exempt a grocery establishment located in a food desert from the bill’s requirements, as provided. The bill would provide that a collective bargaining agreement may supersede these requirements and that these provisions do not preempt any local ordinances that provide equal or greater protection to eligible grocery workers. -This bill would provide that its provisions are severable.","An act to add Part 9.5 (commencing with Section 2500) to Division 2 of the Labor Code, relating to grocery workers." -495,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 8610.5 is added to the Government Code, to read: -8610.5. -(a) For purposes of this section: -(1) “Office” means the Office of Emergency Services. -(2) “Previous fiscal year” means the fiscal year immediately prior to the current fiscal year. -(3) “Utility” means an “electrical corporation” as defined in Section 218 of the Public Utilities Code. -(b) (1) State and local costs to carry out activities pursuant to this section and Chapter 4 (commencing with Section 114650) of Part 9 of Division 104 of the Health and Safety Code that are not reimbursed by federal funds shall be borne by a utility operating a nuclear powerplant with a generating capacity of 50 megawatts or more. -(2) The Public Utilities Commission shall develop and transmit to the office an equitable method of assessing a utility operating a powerplant for its reasonable share of state agency costs specified in paragraph (1). -(3) Each local government involved shall submit a statement of its costs specified in paragraph (1), as required, to the office. -(4) Upon notification by the office, from time to time, of the amount of its share of the actual or anticipated state and local agency costs, a utility shall pay this amount to the Controller for deposit in the Nuclear Planning Assessment Special Account, which is continued in existence, for allocation by the Controller, upon appropriation by the Legislature, to carry out activities pursuant to this section and Chapter 4 (commencing with Section 114650) of Part 9 of Division 104 of the Health and Safety Code. The Controller shall pay from this account the state and local costs relative to carrying out this section and Chapter 4 (commencing with Section 114650) of Part 9 of Division 104 of the Health and Safety Code, upon certification of the costs by the office. -(5) Upon appropriation by the Legislature, the Controller may disburse up to 80 percent of a fiscal year allocation from the Nuclear Planning Assessment Special Account, in advance, for anticipated local expenses, as certified by the office pursuant to paragraph (4). The office shall review program expenditures related to the balance of funds in the account and the Controller shall pay the portion, or the entire balance, of the account, based upon those approved expenditures. -(c) (1) The total annual disbursement of state costs from a utility operating a nuclear powerplant within the state for activities pursuant to this section and Chapter 4 (commencing with Section 114650) of Part 9 of Division 104 of the Health and Safety Code, shall not exceed the lesser of the actual costs or the maximum funding levels established in this section, subject to subdivisions (e) and (f). -(2) Of the annual amount of two million forty-seven thousand dollars ($2,047,000) for the 2009–10 fiscal year, the sum of one million ninety-four thousand dollars ($1,094,000) shall be for support of the office for activities pursuant to this section and Chapter 4 (commencing with Section 114650) of Part 9 of Division 104 of the Health and Safety Code, and the sum of nine hundred fifty-three thousand dollars ($953,000) shall be for support of the State Department of Public Health for activities pursuant to this section and Chapter 4 (commencing with Section 114650) of Part 9 of Division 104 of the Health and Safety Code. -(d) (1) The total annual disbursement for each fiscal year, commencing July 1, 2009, of local costs from a utility shall not exceed the lesser of the actual costs or the maximum funding levels established in this section, in support of activities pursuant to this section and Chapter 4 (commencing with Section 114650) of Part 9 of Division 104 of the Health and Safety Code. The maximum annual amount available for disbursement for local costs, subject to subdivisions (e) and (f), shall, for the fiscal year beginning July 1, 2009, be one million seven hundred thirty-two thousand dollars ($1,732,000) for the Diablo Canyon site. -(2) The amounts paid by a utility under this section shall be allowed for ratemaking purposes by the Public Utilities Commission. -(e) The amounts available for disbursement for state and local costs as specified in this section shall be adjusted and compounded each fiscal year by the larger of the percentage change in the prevailing wage for San Luis Obispo County employees, not to exceed 5 percent, or the percentage increase in the California Consumer Price Index from the previous fiscal year. -(f) Through the inoperative date specified in subdivision (h), the amounts available for disbursement for state and local costs as specified in this section shall be cumulative biennially. Any unexpended funds from a year shall be carried over for one year. The funds carried over from the previous year may be expended when the current year’s funding cap is exceeded. -(g) This section shall become operative on July 1, 2019. -(h) This section shall become inoperative on August 26, 2025, and, as of January 1, 2026, is repealed. -(i) When this section becomes inoperative, any amounts remaining in the special account shall be refunded to a utility contributing to it, to be credited to the utility’s ratepayers. -SEC. 2. -Section 712 is added to the Public Utilities Code, to read: -712. -(a) The commission shall convene, or continue, until August 26, 2025, an independent peer review panel to conduct an independent review of enhanced seismic studies and surveys of the Diablo Canyon Units 1 and 2 powerplant, including the surrounding areas of the facility and areas of nuclear waste storage. -(b) The independent peer review panel shall contract with the Energy Commission, the California Geological Survey of the Department of Conservation, the California Coastal Commission, the Alfred E. Alquist Seismic Safety Commission, the Office of Emergency Services, and the County of San Luis Obispo to participate on the panel and provide expertise. -(c) The independent peer review panel shall review the seismic studies and hold public meetings. -(d) The commission shall make reports by the independent peer review panel publicly available on the Internet Web site maintained by the commission. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -The Public Utilities Commission in Decision 10-08-003 (August 12, 2010) convened an independent peer review panel to review the seismic studies conducted on behalf of Pacific Gas and Electric Company relative to the Diablo Canyon Units 1 and 2 powerplant. The independent peer review panel, in addition to providing valuable expertise to the commission in evaluating the seismic studies, also operates to assure the public that the seismic studies are being performed in an appropriate manner. Because (1) the commission’s current contracts for the independent peer review panel are set to expire on November 30, 2015, the Diablo Canyon Units 1 and 2 powerplant is authorized to operate until August 26, 2025, by the federal Nuclear Regulatory Commission, and there continues to be enhanced seismic studies and surveys conducted that warrant review by the independent peer review panel to ensure the safety of the public, and (2) continuing the Nuclear Planning Assessment Special Account beyond the July 1, 2019, expiration date is vital to provide the public assurance that the maintenance of the state’s nuclear emergency programs is in place, and will provide certainty for emergency planning and response preparedness should an emergency occur, it is necessary that this act take effect immediately.","Existing law, the California Emergency Services Act, authorizes local government entities to create disaster councils by ordinance and in turn develop disaster plans specific to their jurisdictions. Existing law, the Radiation Protection Act of 1999, requires local governments to develop and maintain radiological emergency preparedness and response plans to safeguard the public in the emergency planning zone around a nuclear powerplant, and generally makes the Office of Emergency Services responsible for the coordination and integration of all emergency planning programs and response plans created pursuant to the Radiation Protection Act of 1999. The California Emergency Services Act, until July 1, 2019, prescribes a method for funding state and local costs for carrying out these activities that are not reimbursed by federal funds, with the costs borne by utilities operating nuclear powerplants with a generating capacity of 50 megawatts or more. -This bill, operative July 1, 2019, would extend, until August 26, 2025, the method for funding state and local costs for emergency service activities associated with a nuclear powerplant, as described above, with respect to a utility operating a nuclear powerplant with a generating capacity of 50 megawatts or more, thereby extending an amount, as specified, available for disbursement for local costs for the Diablo Canyon site. -Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law requires the commission, for purposes of establishing rates for any electrical corporation, to disallow expenses reflecting the direct or indirect costs resulting from any unreasonable error or omission relating to the planning, construction, or operation of any portion of the corporation’s plant which cost, or is estimated to have cost, more than $50,000,000, including any expenses resulting from delays caused by any unreasonable error or omission. For these purposes, “planning” includes activities related to the initial and subsequent assessments of the need for a plant construction project and includes investigation and interpretation of environmental factors such as seismic conditions. -This bill would require the commission to convene, or continue, until August 26, 2025, an independent peer review panel to conduct an independent review of enhanced seismic studies and surveys of the Diablo Canyon Units 1 and 2 powerplant, including the surrounding areas of the facility and areas of nuclear waste storage. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to add and repeal Section 8610.5 of the Government Code, and to add Section 712 to the Public Utilities Code, relating to electricity, and declaring the urgency thereof, to take effect immediately." -496,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 33607.5 of the Health and Safety Code is amended to read: -33607.5. -(a) (1) This section shall apply to each redevelopment project area that, pursuant to a redevelopment plan -which -that -contains the provisions required by Section 33670, is either: (A) adopted on or after January 1, 1994, including later amendments to these redevelopment plans; or (B) adopted prior to January 1, 1994, but amended, after January 1, 1994, to include new territory. For plans amended after January 1, 1994, only the tax increments from territory added by the amendment shall be subject to this section. All the amounts calculated pursuant to this section shall be calculated after the amount required to be deposited in the Low and Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3, and 33334.6 has been deducted from the total amount of tax increment funds received by the agency in the applicable fiscal year. -(2) The payments made pursuant to this section shall be in addition to any amounts the affected taxing entities receive pursuant to subdivision (a) of Section 33670. The payments made pursuant to this section to the affected taxing entities, including the community, shall be allocated among the affected taxing entities, including the community if the community elects to receive payments, in proportion to the percentage share of property taxes each affected taxing entity, including the community, receives during the fiscal year the funds are allocated, which percentage share shall be determined without regard to any amounts allocated to a city, a city and county, or a county pursuant to Sections 97.68 and 97.70 of the Revenue and Taxation Code, and without regard to any allocation reductions to a city, a city and county, a county, a special district, or a redevelopment agency pursuant to Sections 97.71, 97.72, and 97.73 of the Revenue and Taxation Code and Section 33681.12. The agency shall reduce its payments pursuant to this section to an affected taxing entity by any amount the agency has paid, directly or indirectly, pursuant to Section 33445, 33445.5, 33445.6, 33446, or any other provision of law other than this section for, or in connection with, a public facility owned or leased by that affected taxing agency, except: (A) any amounts the agency has paid directly or indirectly pursuant to an agreement with a taxing entity adopted prior to January 1, 1994; or (B) any amounts that are unrelated to the specific project area or amendment governed by this section. The reduction in a payment by an agency to a school district, community college district, or county office of education, or for special education, shall be subtracted only from the amount that otherwise would be available for use by those entities for educational facilities pursuant to paragraph (4). If the amount of the reduction exceeds the amount that otherwise would have been available for use for educational facilities in any one year, the agency shall reduce its payment in more than one year. -(3) If an agency reduces its payment to a school district, community college district, or county office of education, or for special education, the agency shall do all of the following: -(A) Determine the amount of the total payment that would have been made without the reduction. -(B) Determine the amount of the total payment without the reduction -which: -that: -(i) would have been considered property taxes; and (ii) would have been available to be used for educational facilities pursuant to paragraph (4). -(C) Reduce the amount available to be used for educational facilities. -(D) Send the payment to the school district, community college district, or county office of education, or for special education, with a statement that the payment is being reduced and including the calculation required by this subdivision showing the amount to be considered property taxes and the amount, if any, available for educational facilities. -(4) (A) Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section to school districts, 43.3 percent shall be considered to be property taxes for the purposes of paragraph (1) of subdivision (h) of Section 42238 of the Education Code, as it read on January 1, 2013, and paragraph (1) of subdivision (j) of Section 42238.02 of the Education Code, and 56.7 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for educational facilities, including, in the case of amounts paid during the 2011–12 fiscal year through the 2015–16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance. -(B) Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section to community college districts, 47.5 percent shall be considered to be property taxes for the purposes of Section 84751 of the Education Code, and 52.5 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for educational facilities, including, in the case of amounts paid during the 2011–12 fiscal year through the 2015–16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance. -(C) Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section to county offices of education, 19 percent shall be considered to be property taxes for the purposes of Section 2558 of the Education Code, as it read on January 1, 2013, and Section 2575 of the Education Code, and 81 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for educational facilities, including, in the case of amounts paid during the 2011–12 fiscal year through the 2015–16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance. -(D) Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section for special education, 19 percent shall be considered to be property taxes for the purposes of Section 56712 of the Education Code, and 81 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for education facilities, including, in the case of amounts paid during the 2011–12 fiscal year through the 2015–16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance. -(E) If, pursuant to paragraphs (2) and (3), an agency reduces its payments to an educational entity, the calculation made by the agency pursuant to paragraph (3) shall determine the amount considered to be property taxes and the amount available to be used for educational facilities in the year the reduction was made. -(5) Local education agencies that use funds received pursuant to this section for school facilities shall spend these funds at schools that are: (A) within the project area, (B) attended by students from the project area, (C) attended by students generated by projects that are assisted directly by the redevelopment agency, or (D) determined by the governing board of a local education agency to be of benefit to the project area. -(b) Commencing with the first fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, including the community if the community elects to receive a payment, an amount equal to 25 percent of the tax increments received by the agency after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted. In any fiscal year in which the agency receives tax increments, the community that has adopted the redevelopment project area may elect to receive the amount authorized by this paragraph. -(c) Commencing with the 11th fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, other than the community -which -that -has adopted the project, in addition to the amounts paid pursuant to subdivision (b) and after deducting the amount allocated to the Low and Moderate Income Housing Fund, an amount equal to 21 percent of the portion of tax increments received by the agency, which shall be calculated by applying the tax rate against the amount of assessed value by which the current year assessed value exceeds the first adjusted base year assessed value. The first adjusted base year assessed value is the assessed value of the project area in the 10th fiscal year in which the agency receives tax increment revenues. -(d) Commencing with the 31st fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, other than the community -which -that -has adopted the project, in addition to the amounts paid pursuant to subdivisions (b) and (c) and after deducting the amount allocated to the Low and Moderate Income Housing Fund, an amount equal to 14 percent of the portion of tax increments received by the agency, which shall be calculated by applying the tax rate against the amount of assessed value by which the current year assessed value exceeds the second adjusted base year assessed value. The second adjusted base year assessed value is the assessed value of the project area in the 30th fiscal year in which the agency receives tax increments. -(e) (1) Prior to incurring any loans, bonds, or other indebtedness, except loans or advances from the community, the agency may subordinate to the loans, bonds, or other indebtedness the amount required to be paid to an affected taxing entity by this section, provided that the affected taxing entity has approved these subordinations pursuant to this subdivision. -(2) At the time the agency requests an affected taxing entity to subordinate the amount to be paid to it, the agency shall provide the affected taxing entity with substantial evidence that sufficient funds will be available to pay both the debt service and the payments required by this section, when due. -(3) Within 45 days after receipt of the agency’s request, the affected taxing entity shall approve or disapprove the request for subordination. An affected taxing entity may disapprove a request for subordination only if it finds, based upon substantial evidence, that the agency will not be able to pay the debt payments and the amount required to be paid to the affected taxing entity. If the affected taxing entity does not act within 45 days after receipt of the agency’s request, the request to subordinate shall be deemed approved and shall be final and conclusive. -(f) (1) The Legislature finds and declares both of the following: -(A) The payments made pursuant to this section are necessary in order to alleviate the financial burden and detriment that affected taxing entities may incur as a result of the adoption of a redevelopment plan, and payments made pursuant to this section will benefit redevelopment project areas. -(B) The payments made pursuant to this section are the exclusive payments that are required to be made by a redevelopment agency to affected taxing entities during the term of a redevelopment plan. -(2) Notwithstanding any other provision of law, a redevelopment agency shall not be required, either directly or indirectly, as a measure to mitigate a significant environmental effect or as part of any settlement agreement or judgment brought in any action to contest the validity of a redevelopment plan pursuant to Section 33501, to make any other payments to affected taxing entities, or to pay for public facilities that will be owned or leased to an affected taxing entity. -(g) As used in this section, a “local education agency” is a school district, a community college district, or a county office of education.","Existing law relating to redevelopment agencies provides for specified payments with respect to development project areas. -This bill would make nonsubstantive changes to those provisions.","An act to amend Section 33607.5 of the Health and Safety Code, relating to redevelopment." -497,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11265.8 of the Welfare and Institutions Code is amended to read: -11265.8. -(a) All applicants for aid under this chapter, within 30 days of the determination of eligibility for Medi-Cal benefits under Chapter 7 (commencing with Section 14000), and 45 days for applicants already eligible for benefits under Chapter 7 (commencing with Section 14000), and all recipients of aid under this chapter within 45 days of a full or financial redetermination of eligibility for aid under this chapter, shall provide documentation that all children in the assistance unit not required to be enrolled in school have received all age-appropriate immunizations, unless it has been medically determined that an immunization for a child is not appropriate or the applicant or recipient has filed with the county welfare department an affidavit that the immunizations are contrary to the applicant’s or recipient’s beliefs. If the county determines that good cause exists for not providing the required documentation due to lack of reasonable access to immunization services, the period shall be extended by an additional 30 days. If the documentation is not provided within the required time period, the needs of all parents or caretaker relatives in the assistance unit shall not be considered in determining the grant to the assistance unit under Section 11450 until the required documentation is provided. The department shall track and maintain information concerning the number of sanctions imposed under this section. -(b) At the time of application and at the next redetermination of eligibility for aid under this chapter, all applicants and recipients shall be given notice advising them of their obligation to secure the immunizations required in subdivision (a). The notice shall also contain all of the following: -(1) The Recommended Childhood Immunization Schedule, United States, and the Recommended Immunization Schedule for Children Not Immunized on Schedule in the First Year of Life, as appropriate, approved by the Advisory Committee on Immunization Practices, the American Academy of Pediatrics, and the American Academy of Family Physicians. -(2) A description of how to obtain the immunizations through a fee-for-service provider that accepts Medi-Cal, a Medi-Cal managed care plan, a county public health clinic, or any other source that may be available in the county as appropriate. -(3) A statement that the applicant or recipient may file an affidavit claiming that the immunizations are contrary to the applicant’s or recipient’s beliefs. -(c) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 2. -Section 11265.8 is added to the Welfare and Institutions Code, to read: -11265.8. -(a) (1) All applicants for, and recipients of, aid under this chapter shall ensure that all children in the assistance unit not required to be enrolled in school have received all age-appropriate immunizations, unless it has been medically determined that an immunization for a child is not appropriate or the applicant or recipient has filed with the county welfare department an affidavit that the immunizations are contrary to the applicant’s or recipient’s beliefs. -(2) In lieu of initially requesting verification of age-appropriate immunizations, the county may first verify whether each child described in paragraph (1) has received all age-appropriate immunizations by reviewing the California Immunization Registry established pursuant to Section 120440 of the Health and Safety Code. If the registry does not contain records of these immunizations, the county shall require the applicant or recipient to provide documentation that the immunizations have been performed, unless the applicant or recipient has filed an affidavit that the immunizations are contrary to his or her beliefs or has supplied documentation that it has been medically determined that an immunization is not appropriate. This documentation shall be provided within the following time periods: -(A) Within 30 days of the determination of an applicant’s eligibility for Medi-Cal benefits under Chapter 7 (commencing with Section 14000). -(B) Within 45 days for an applicant who is already eligible for benefits under Chapter 7 (commencing with Section 14000). -(C) Within 45 days of a full or financial redetermination of eligibility for aid under this chapter. -(3) If the county determines that good cause exists for not providing the required documentation due to lack of reasonable access to immunization services, the period shall be extended by an additional 30 days. -(4) If the documentation is not provided within the time periods set forth in this section, the needs of all parents or caretaker relatives in the assistance unit shall not be considered in determining the grant to the assistance unit under Section 11450 until the required documentation is provided. The department shall track and maintain information concerning the number of sanctions imposed under this section. -(b) At the time of application and at the next redetermination of eligibility for aid under this chapter, all applicants and recipients shall be given notice advising them of their obligation to secure the immunizations required in subdivision (a). The notice shall also contain all of the following: -(1) The Recommended Childhood Immunization Schedule, United States, and the Recommended Immunization Schedule for Children Not Immunized on Schedule in the First Year of Life, as appropriate, approved by the Advisory Committee on Immunization Practices, the American Academy of Pediatrics, and the American Academy of Family Physicians. -(2) A description of how to obtain the immunizations through a fee-for-service provider that accepts Medi-Cal, a Medi-Cal managed care plan, a county public health clinic, or any other source that may be available in the county as appropriate. -(3) A statement that the applicant or recipient may file an affidavit claiming that the immunizations are contrary to the applicant’s or recipient’s beliefs. -(c) This section shall become operative on July 1, 2016. -SEC. 3. -No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.","Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families block grant program, state, and county funds. Under existing law, all applicants for or recipients of CalWORKs are required to ensure and provide documentation that each child in the assistance unit who is not required to be enrolled in school has received all age-appropriate immunizations, unless it has been medically determined that an immunization for the child is not appropriate or the applicant or recipient has filed with the county welfare department an affidavit that the immunizations are contrary to the applicant’s or recipient’s beliefs. -This bill would, commencing July 1, 2016, instead require the applicant or recipient to ensure that each child in the assistance unit who is not required to be enrolled in school has received all age-appropriate immunizations. The bill would also authorize the county to review the California Immunization Registry in lieu of initially requesting verification of an immunization before requiring the applicant or recipient to provide documentation that the immunization has been performed. -Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. -This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.","An act to amend, repeal, and add Section 11265.8 of the Welfare and Institutions Code, relating to CalWORKs." -498,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 361.3 of the Welfare and Institutions Code is amended to read: -361.3. -(a) In any case in which a child is removed from the physical custody of his or her parents pursuant to Section 361, preferential consideration shall be given to a request by a relative of the child for placement of the child with the relative, regardless of the relative’s immigration status. In determining whether placement with a relative is appropriate, the county social worker and court shall -, on a case-by-case basis, -consider, but shall not be limited to, -consideration of -all the following factors: -(1) The best interest of the child, including special physical, psychological, educational, medical, or emotional needs. -(2) The wishes of the parent, the relative, and child, if appropriate. -(3) The provisions of Part 6 (commencing with Section 7950) of Division 12 of the Family Code regarding relative placement. -(4) Placement of siblings and half siblings in the same home, unless that placement is found to be contrary to the safety and well-being of any of the siblings, as provided in Section 16002. -(5) The good moral character of the relative and any other adult living in the home, including whether any individual residing in the home has a prior history of violent criminal acts or has been responsible for acts of child abuse or neglect. -(6) The nature and duration of the relationship between the child and the relative, and the relative’s desire to care for, and to provide legal permanency for, the child if reunification is unsuccessful. -(7) The ability of the relative to do the following: -(A) Provide a safe, secure, and stable environment for the child. -(B) Exercise proper and effective care and control of the child. -(C) Provide a home and the necessities of life for the child. -(D) Protect the child from his or her parents. -(E) Facilitate court-ordered reunification efforts with the parents. -(F) Facilitate visitation with the child’s other relatives. -(G) Facilitate implementation of all elements of the case plan. -(H) Provide legal permanence for the child if reunification fails. -However, any finding made with respect to the factor considered pursuant to this subparagraph and pursuant to subparagraph (G) shall not be the sole basis for precluding preferential placement with a relative. -(I) Arrange for appropriate and safe child care, as necessary. -(8) The safety of the relative’s home. For a relative to be considered appropriate to receive placement of a child under this section, the relative’s home shall first be approved pursuant to the process and standards described in subdivision (d) of Section 309. -In this regard, the Legislature declares that a physical disability, such as blindness or deafness, is no bar to the raising of children, and a county social worker’s determination as to the ability of a disabled relative to exercise care and control should center upon whether the relative’s disability prevents him or her from exercising care and control. The court shall order the parent to disclose to the county social worker the names, residences, and any other known identifying information of any maternal or paternal relatives of the child. This inquiry shall not be construed, however, to guarantee that the child will be placed with any person so identified. The county social worker shall initially contact the relatives given preferential consideration for placement to determine if they desire the child to be placed with them. Those desiring placement shall be assessed according to the factors enumerated in this subdivision. The county social worker shall document these efforts in the social study prepared pursuant to Section 358.1. The court shall authorize the county social worker, while assessing these relatives for the possibility of placement, to disclose to the relative, as appropriate, the fact that the child is in custody, the alleged reasons for the custody, and the projected likely date for the child’s return home or placement for adoption or legal guardianship. However, this investigation shall not be construed as good cause for continuance of the dispositional hearing conducted pursuant to Section 358. -(b) In any case in which more than one appropriate relative requests preferential consideration pursuant to this section, each relative shall be considered under the factors enumerated in subdivision (a). Consistent with the legislative intent for children to be placed immediately with a responsible relative, this section does not limit the county social worker’s ability to place a child in the home of an appropriate relative or a nonrelative extended family member pending the consideration of other relatives who have requested preferential consideration. -(c) For purposes of this section: -(1) “Preferential consideration” means that the relative seeking placement shall be the first placement to be considered and investigated. -(2) “Relative” means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand,” or the spouse of any of these persons even if the marriage was terminated by death or dissolution. However, only the following relatives shall be given preferential consideration for the placement of the child: an adult who is a grandparent, aunt, uncle, or sibling. -(d) -(1) -Subsequent to the hearing conducted pursuant to Section 358, -whenever a new placement of the child must be made, -consideration for placement shall again be given as described in this section to relatives who have not been found to be unsuitable and who will fulfill the child’s reunification or permanent plan requirements. In addition to the factors described in subdivision (a), the county social worker shall -report and the court shall -consider -whether -all of the following factors: -(A) Whether -the relative has established and maintained a relationship with the -child. -child or is able and willing to do so. -(B) The length of time the child has been in his or her current placement. -(C) The relationship of the child with the current caregiver. -(D) The child’s progress toward permanency with that caregiver. -(E) The placement preference of the child. -(2) The Judicial Council shall adopt a rule of court on or before January 1, 2017, that implements this subdivision in regard to the consideration of relatives for placement subsequent to the hearing conducted pursuant to Section 358. -(e) If the court does not place the child with a relative who has been considered for placement pursuant to this section, the court shall state for the record the reasons placement with that relative was denied. -(f) (1) With respect to a child who satisfies the criteria set forth in paragraph (2), the department and any licensed adoption agency may search for a relative and furnish identifying information relating to the child to that relative if it is believed the child’s welfare will be promoted thereby. -(2) Paragraph (1) shall apply if both of the following conditions are satisfied: -(A) The child was previously a dependent of the court. -(B) The child was previously adopted and the adoption has been disrupted, set aside pursuant to Section 9100 or 9102 of the Family Code, or the child has been released into the custody of the department or a licensed adoption agency by the adoptive parent or parents. -(3) As used in this subdivision, “relative” includes a member of the child’s birth family and nonrelated extended family members, regardless of whether the parental rights were terminated, provided that both of the following are true: -(A) No appropriate potential caretaker is known to exist from the child’s adoptive family, including nonrelated extended family members of the adoptive family. -(B) The child was not the subject of a voluntary relinquishment by the birth parents pursuant to Section 8700 of the Family Code or Section 1255.7 of the Health and Safety Code. -SEC. 2. -To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII -B of the California Constitution. -SECTION 1. -It is the intent of the Legislature to enact legislation to ensure the best possible outcome for children removed from the physical custody of his or her parents.","Existing law, in cases in which a minor is -adjudged -alleged to be -a dependent child of the court on the ground that the minor has suffered abuse or neglect, allows the court to take the child from the physical custody of his or her parents or guardian if there would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the minor if the minor were returned home, among other criteria. If a child is removed from the physical custody of his or her parents, existing law requires preferential consideration to be given to a request by a relative of the child for placement of the child with the relative. Existing law requires that the best interest of the child be considered, among other specified factors, in making that determination. -Existing law also requires that, subsequent to the hearing on the proper disposition to be made of the child, whenever a new placement of the child must be made, consideration for placement again be given to relatives who have not been found to be unsuitable, as specified. -This bill would -state the intent of the Legislature to enact legislation to ensure the best possible outcome for children removed from the physical custody of his or her parents. -require the county social worker and the court, when determining whether placement with a relative is appropriate, to consider the above-described factors on a case-by-case basis. The bill also would require that consideration for placement with a relative subsequent to the disposition hearing be given without regard to whether a new placement of a child must be made, and would direct the social worker to report and the court to consider additional enumerated factors in making this determination. By increasing the duties of county social workers, this bill would create a state-mandated local program. The bill would also require the Judicial Council to adopt a rule of court on or before January 1, 2017, that implements these provisions. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act -to amend Section 361.3 of the Welfare and Institutions Code, -relating to juveniles." -499,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature in enacting the changes to Section 50408 of the Health and Safety Code made by Section 2 of this act to ensure that entities that are receiving funds through the administration of Proposition 41, the California Veterans Housing and Homeless Prevention Bond Act of 2014, are using them in the most effective manner possible to prevent veteran homelessness and to aid those impoverished veterans who are already residing in homelessness. The inclusion of this study would ensure that the Legislature will have adequate data to assess the viability of the program as well as to give the California Department of Veterans Affairs a means by which to determine the viability of nonprofits that serve veterans and assess their worthiness in the program. -SEC. 2. -Section 50408 of the Health and Safety Code is amended to read: -50408. -(a) On or before December 31 of each year, the department shall submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, including, but not limited to, the Emergency Housing and Assistance Program and Community Development Block Grant activity. -(b) The report shall include all of the following information: -(1) The number of units assisted by those programs. -(2) The number of individuals and households served and their income levels. -(3) The distribution of units among various areas of the state. -(4) The amount of other public and private funds leveraged by the assistance provided by those programs. -(5) Information detailing the assistance provided to various groups of persons by programs that are targeted to assist those groups. -(6) The information required to be reported pursuant to Section 17031.8. -(7) (A) An evaluation, in collaboration with the Department of Veterans Affairs, of any program established by the department pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code, including information relating to the effectiveness of assisted projects in helping veterans occupying any supportive housing or transitional housing development that was issued funds pursuant to that article. -(B) The evaluation shall include, but is not limited to, the following information: -(i) Performance outcome data including, but not limited to, housing stability, housing exit information, and tenant satisfaction, which may be measured by a survey, and changes in income, benefits, and education. -(I) For purposes of this paragraph, the term “housing stability” includes, but is not limited to, how many tenants exit transitional housing to permanent housing or maintain permanent housing, and the length of time those tenants spent in assisted units. -(II) For purposes of this paragraph, the term “housing exit information” includes, but is not limited to, the following: -(ia) How many tenants left assisted units. -(ib) The length of tenancy in assisted units. -(ic) The reason those tenants left assisted units, when that information is readily obtainable. -(id) The housing status of a tenant exiting an assisted unit upon exit when that information is readily available. -(ii) Client data, which may include, but is not limited to, demographic characteristics of the veteran and his or her family, educational and employment status of the veteran, and veteran-specific information including, but not limited to, disability ratings, type of discharge, branch, era of service, and veterans affairs health care eligibility. -SEC. 3. -Section 50408 of the Health and Safety Code is amended to read: -50408. -(a) On or before December 31 of each year, the department shall submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, including, but not limited to, the Emergency Housing and Assistance Program and Community Development Block Grant activity. -(b) The report shall include all of the following information: -(1) The number of units assisted by those programs. -(2) The number of individuals and households served and their income levels. -(3) The distribution of units among various areas of the state. -(4) The amount of other public and private funds leveraged by the assistance provided by those programs. -(5) Information detailing the assistance provided to various groups of persons by programs that are targeted to assist those groups. -(6) The information required to be reported pursuant to Section 17031.8. -(7) (A) An evaluation, in collaboration with the Department of Veterans Affairs, of any program established by the department pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code, including information relating to the effectiveness of assisted projects in helping veterans occupying any supportive housing or transitional housing development that was issued funds pursuant to that article. -(B) The evaluation shall include, but is not limited to, the following information: -(i) Performance outcome data including, but not limited to, housing stability, housing exit information, and tenant satisfaction, which may be measured by a survey, and changes in income, benefits, and education. -(I) For purposes of this paragraph, the term “housing stability” includes, but is not limited to, how many tenants exit transitional housing to permanent housing or maintain permanent housing, and the length of time those tenants spent in assisted units. -(II) For purposes of this paragraph, the term “housing exit information” includes, but is not limited to, the following: -(ia) How many tenants left assisted units. -(ib) The length of tenancy in assisted units. -(ic) The reason those tenants left assisted units, when that information is readily obtainable. -(id) The housing status of a tenant exiting an assisted unit upon exit when that information is readily available. -(ii) Client data, which may include, but is not limited to, demographic characteristics of the veteran and his or her family, educational and employment status of the veteran, and veteran-specific information including, but not limited to, disability ratings, type of discharge, branch, era of service, and veterans affairs health care eligibility. -(8) An evaluation of any program established by the department to meet the legal requirements of the Federal Housing Trust Fund program guidelines. -SEC. 4. -Section 3 of this bill incorporates amendments to Section 50408 of the Health and Safety Code proposed by both this bill and Assembly Bill 90. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 50408 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 90, in which case Section 2 of this bill shall not become operative.","Existing law requires the Department of Housing and Community Development to submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department. Existing law requires the report to include, among other things, an evaluation, in collaboration with the Department of Veterans Affairs, of any program established by the department pursuant to the Veterans Housing and Homeless Prevention Act of 2014. -This bill would additionally require the evaluation to include information relating to the effectiveness of assisted projects in helping veterans occupying any supportive housing or transitional housing development that was issued funds pursuant to that act, as specified. -This bill would incorporate changes to Section 50408 of the Health and Safety Code proposed by both this bill and AB 90, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.","An act to amend Section 50408 of the Health and Safety Code, relating to housing." -500,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1259 of the Health and Safety Code is amended to read: -1259. -(a) (1) The Legislature finds and declares that California is becoming a land of people whose languages and cultures give the state a global quality. The Legislature further finds and declares that access to basic health care services is the right of every resident of the state, and that access to information regarding basic health care services is an essential element of that right. -(2) Therefore, it is the intent of the Legislature that when language or communication barriers exist between patients and the staff of any general acute care hospital, arrangements shall be made for interpreters or bilingual professional staff to ensure adequate and speedy communication between patients and staff. -(b) As used in this section: -(1) “Interpreter” means a person fluent in English and in the necessary second language, who can accurately speak, read, and readily interpret the necessary second language, or a person who can accurately sign and read sign language. Interpreters shall have the ability to translate the names of body parts and to describe competently symptoms and injuries in both languages. Interpreters may include members of the medical or professional staff. -(2) “Language or communication barriers” means: -(A) With respect to spoken language, barriers that are experienced by individuals who are limited-English-speaking or non-English-speaking individuals who speak the same primary language and who comprise at least 5 percent of the population of the geographical area served by the hospital or of the actual patient population of the hospital. In cases of dispute, the state department shall determine, based on objective data, whether the 5 percent population standard applies to a given hospital. -(B) With respect to sign language, barriers that are experienced by individuals who are deaf and whose primary language is sign language. -(c) To ensure access to health care information and services for limited-English-speaking or non-English-speaking residents and deaf residents, licensed general acute care hospitals shall: -(1) Review existing policies regarding interpreters for patients with limited-English proficiency and for patients who are deaf, including the availability of staff to act as interpreters. -(2) (A) (i) Adopt and review annually a policy for providing language assistance services to patients with language or communication barriers. The policy shall include procedures for providing, to the extent possible, as determined by the hospital, the use of an interpreter whenever a language or communication barrier exists, except when the patient, after being informed of the availability of the interpreter service, chooses to use a family member or friend who volunteers to interpret. The procedures shall be designed to maximize efficient use of interpreters and minimize delays in providing interpreters to patients. The procedures shall ensure, to the extent possible, as determined by the hospital, that interpreters are available, either on the premises or accessible by telephone, 24 hours a day. -(ii) The hospital shall, on or before July 1, 2016, and every January 1 thereafter, make the updated policy and a notice of availability of language assistance services available to the public on its Internet Web site. The notice shall be in English and in the other languages most commonly spoken in the hospital’s service area. For purposes of this paragraph, the hospital shall make the notice available in the language of individuals who meet the definition of having a language barrier pursuant to subparagraph (A) of paragraph (2) of subdivision (b); however, a hospital is not required to make the notice available in more than five languages other than English. -(B) (i) The hospital shall, on or before July 1, 2016, and every January 1 thereafter, transmit to the department a copy of the updated policy and shall include a description of its efforts to ensure adequate and speedy communication between patients with language or communication barriers and staff. -(ii) The department shall make the updated policy available to the public on its Internet Web site. -(3) Develop, and post in conspicuous locations, notices that advise patients and their families of the availability of interpreters, the procedure for obtaining an interpreter and the telephone numbers where complaints may be filed concerning interpreter service problems, including, but not limited to, a T.D.D. number for the hearing impaired. The notices shall be posted, at a minimum, in the emergency room, the admitting area, the entrance, and in outpatient areas. Notices shall inform patients that interpreter services are available upon request, shall list the languages for which interpreter services are available, shall instruct patients to direct complaints regarding interpreter services to the state department, and shall provide the local address and telephone number of the state department, including, but not limited to, a T.D.D. number for the hearing impaired. -(4) Identify and record a patient’s primary language and dialect on one or more of the following: patient medical chart, hospital bracelet, bedside notice, or nursing card. -(5) Prepare and maintain as needed a list of interpreters who have been identified as proficient in sign language and in the languages of the population of the geographical area serviced who have the ability to translate the names of body parts, injuries, and symptoms. -(6) Notify employees of the hospital’s commitment to provide interpreters to all patients who request them. -(7) Review all standardized written forms, waivers, documents, and informational materials available to patients upon admission to determine which to translate into languages other than English. -(8) Consider providing its nonbilingual staff with standardized picture and phrase sheets for use in routine communications with patients who have language or communication barriers. -(9) Consider developing community liaison groups to enable the hospital and the limited-English-speaking and deaf communities to ensure the adequacy of the interpreter services. -(d) Noncompliance with this section shall be reportable to licensing authorities. -(e) Section 1290 shall not apply to this section. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, including general acute care hospitals. A violation of these provisions is a crime. Existing law requires those hospitals to adopt and review annually a policy for providing language assistance services to patients with language or communication barriers, as defined. Existing law requires a hospital to annually transmit to the department a copy of its updated policy and to include a description of its efforts to ensure adequate and speedy communication between patients with language or communication barriers and staff. -This bill would require a general acute care hospital and the department to make the hospital’s updated policy available annually to the public on their respective Internet Web sites. The bill would also require a general acute care hospital to post on its Internet Web site a notice, in English and in the other most commonly spoken languages in the hospital’s service area, of the availability of language assistance services. Because a violation of these provisions by a health facility would be a crime, the bill would impose a state-mandated local program. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1259 of the Health and Safety Code, relating to health facilities." -501,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 296 of the Penal Code is amended to read: -296. -(a) The following persons shall provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required pursuant to this chapter for law enforcement identification analysis: -(1) Any person, including any juvenile, who is convicted of or pleads guilty or no contest to any felony offense, or is found not guilty by reason of insanity of any felony offense, or any juvenile who is adjudicated under Section 602 of the Welfare and Institutions Code for committing any felony offense. -(2) Any adult person who is arrested for or charged with any of the following felony offenses: -(A) Any felony offense specified in Section 290 or attempt to commit any felony offense described in Section 290, or any felony offense that imposes upon a person the duty to register in California as a sex offender under Section 290. -(B) Murder or voluntary manslaughter or any attempt to commit murder or voluntary manslaughter. -(C) Commencing on January 1 of the fifth year following enactment of the act that added this subparagraph, as amended, any adult person arrested or charged with any felony offense. -(3) Any person, including any juvenile, who is required to register under Section 290 or 457.1 because of the commission of, or the attempt to commit, a felony or misdemeanor offense, or any person, including any juvenile, who is housed in a mental health facility or sex offender treatment program after referral to such facility or program by a court after being charged with any felony offense. -(4) Any person, excluding a juvenile, -who has a prior misdemeanor conviction of Section 136.1, 136.5, 171b, or 186.28, subdivision (b), (c), or (d) of Section 243, Section 243.4, 244.5, 245, 245.5, 417, 417.6, 422, 646.9, or 25300, subdivision (d) of Section 26100, or Section 32625, and -who is convicted of, or pleads guilty or no contest to, any of the following offenses: -(A) A misdemeanor violation of Section 459.5. -(B) Any misdemeanor punishable pursuant to subdivision (b) of Section 473. -(C) A violation of subdivision (a) of Section 476a that is punishable as a misdemeanor pursuant to subdivision (b) of Section 476a. -(D) A violation of Section 487 that is punishable as a misdemeanor pursuant to Section 490.2. -(E) A violation of Section 496 that is punishable as a misdemeanor. -(F) A misdemeanor violation of subdivision (a) of Section 11350 of the Health and Safety Code. -(G) A misdemeanor violation of subdivision (a) of Section 11357 of the Health and Safety Code. -(H) A misdemeanor violation of subdivision (a) of Section 11377 of the Health and Safety Code. -(I) A misdemeanor violation of Section 666. -(5) The term “felony” as used in this subdivision includes an attempt to commit the offense. -(6) Nothing in this chapter shall be construed as prohibiting collection and analysis of specimens, samples, or print impressions as a condition of a plea for nonqualifying offense. -(b) The provisions of this chapter and its requirements for submission of specimens, samples and print impressions as soon as administratively practicable shall apply to all qualifying persons regardless of sentence imposed, including any sentence of death, life without the possibility of parole, or any life or indeterminate term, or any other disposition rendered in the case of an adult or juvenile tried as an adult, or whether the person is diverted, fined, or referred for evaluation, and regardless of disposition rendered or placement made in the case of juvenile who is found to have committed any felony offense or is adjudicated under Section 602 of the Welfare and Institutions Code. -(c) The provisions of this chapter and its requirements for submission of specimens, samples, and print impressions as soon as administratively practicable by qualified persons as described in subdivision (a) shall apply regardless of placement or confinement in any mental hospital or other public or private treatment facility, and shall include, but not be limited to, the following persons, including juveniles: -(1) Any person committed to a state hospital or other treatment facility as a mentally disordered sex offender under Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. -(2) Any person who has a severe mental disorder as set forth within the provisions of Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code. -(3) Any person found to be a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. -(d) The provisions of this chapter are mandatory and apply whether or not the court advises a person, including any juvenile, that he or she must provide the data bank and database specimens, samples, and print impressions as a condition of probation, parole, or any plea of guilty, no contest, or not guilty by reason of insanity, or any admission to any of the offenses described in subdivision (a). -(e) If at any stage of court proceedings the prosecuting attorney determines that specimens, samples, and print impressions required by this chapter have not already been taken from any person, as defined under subdivision (a) of Section 296, the prosecuting attorney shall notify the court orally on the record, or in writing, and request that the court order collection of the specimens, samples, and print impressions required by law. However, a failure by the prosecuting attorney or any other law enforcement agency to notify the court shall not relieve a person of the obligation to provide specimens, samples, and print impressions pursuant to this chapter. -(f) Prior to final disposition or sentencing in the case the court shall inquire and verify that the specimens, samples, and print impressions required by this chapter have been obtained and that this fact is included in the abstract of judgment or dispositional order in the case of a juvenile. The abstract of judgment issued by the court shall indicate that the court has ordered the person to comply with the requirements of this chapter and that the person shall be included in the state’s DNA and Forensic Identification Data Base and Data Bank program and be subject to this chapter. -However, failure by the court to verify specimen, sample, and print impression collection or enter these facts in the abstract of judgment or dispositional order in the case of a juvenile shall not invalidate an arrest, plea, conviction, or disposition, or otherwise relieve a person from the requirements of this chapter. -SEC. 2. -Section 299 of the Penal Code is amended to read: -299. -(a) A person whose DNA profile has been included in the data bank pursuant to this chapter shall have his or her DNA specimen and sample destroyed and searchable database profile expunged from the data bank program pursuant to the procedures set forth in subdivision (b) if the person has no past or present offense or pending charge which qualifies that person for inclusion within the state’s DNA and Forensic Identification Database and Data Bank Program and there otherwise is no legal basis for retaining the specimen or sample or searchable profile. -(b) Pursuant to subdivision (a), a person who has no past or present qualifying offense, and for whom there otherwise is no legal basis for retaining the specimen or sample or searchable profile, may make a written request to have his or her specimen and sample destroyed and searchable database profile expunged from the data bank program if: -(1) Following arrest, no accusatory pleading has been filed within the applicable period allowed by law charging the person with a qualifying offense as set forth in subdivision (a) of Section 296 or if the charges which served as the basis for including the DNA profile in the state’s DNA Database and Data Bank Identification Program have been dismissed prior to adjudication by a trier of fact; -(2) The underlying conviction or disposition serving as the basis for including the DNA profile has been reversed and the case dismissed; -(3) The person has been found factually innocent of the underlying offense pursuant to Section 851.8, or Section 781.5 of the Welfare and Institutions Code; or -(4) The defendant has been found not guilty or the defendant has been acquitted of the underlying offense. -(c) (1) The person requesting the data bank entry to be expunged must send a copy of his or her request to the trial court of the county where the arrest occurred, or that entered the conviction or rendered disposition in the case, to the DNA Laboratory of the Department of Justice, and to the prosecuting attorney of the county in which he or she was arrested or, convicted, or adjudicated, with proof of service on all parties. The court has the discretion to grant or deny the request for expungement. The denial of a request for expungement is a nonappealable order and shall not be reviewed by petition for writ. -(2) Except as provided below, the Department of Justice shall destroy a specimen and sample and expunge the searchable DNA database profile pertaining to the person who has no present or past qualifying offense of record upon receipt of a court order that verifies the applicant has made the necessary showing at a noticed hearing, and that includes all of the following: -(A) The written request for expungement pursuant to this section. -(B) A certified copy of the court order reversing and dismissing the conviction or case, or a letter from the district attorney certifying that no accusatory pleading has been filed or the charges which served as the basis for collecting a DNA specimen and sample have been dismissed prior to adjudication by a trier of fact, the defendant has been found factually innocent, the defendant has been found not guilty, the defendant has been acquitted of the underlying offense, or the underlying conviction has been reversed and the case dismissed. -(C) Proof of written notice to the prosecuting attorney and the Department of Justice that expungement has been requested. -(D) A court order verifying that no retrial or appeal of the case is pending, that it has been at least 180 days since the defendant or minor has notified the prosecuting attorney and the Department of Justice of the expungement request, and that the court has not received an objection from the Department of Justice or the prosecuting attorney. -(d) Upon order from the court, the Department of Justice shall destroy any specimen or sample collected from the person and any searchable DNA database profile pertaining to the person, unless the department determines that the person is subject to the provisions of this chapter because of a past qualifying offense of record or is or has otherwise become obligated to submit a blood specimen or buccal swab sample as a result of a separate arrest, conviction, juvenile adjudication, or finding of guilty or not guilty by reason of insanity for an offense described in subdivision (a) of Section 296, or as a condition of a plea. -The Department of Justice is not required to destroy analytical data or other items obtained from a blood specimen or saliva, or buccal swab sample, if evidence relating to another person subject to the provisions of this chapter would thereby be destroyed or otherwise compromised. -Any identification, warrant, probable cause to arrest, or arrest based upon a data bank or database match is not invalidated due to a failure to expunge or a delay in expunging records. -(e) Notwithstanding any other provision of law, the Department of Justice DNA Laboratory is not required to expunge DNA profile or forensic identification information or destroy or return specimens, samples, or print impressions taken pursuant to this section if the duty to register under Section 290 or 457.1 is terminated. -(f) Notwithstanding any other provision of law, including Sections 17, -1170.18, -1203.4, and 1203.4a, a judge is not authorized to relieve a person of the separate administrative duty to provide specimens, samples, or print impressions required by this chapter if a person has been found guilty or was adjudicated a ward of the court by a trier of fact of a qualifying offense as defined in subdivision (a) of Section 296, or was found not guilty by reason of insanity or pleads no contest to a qualifying offense as defined in subdivision (a) of Section 296. -SEC. 2. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, as amended by the DNA Act, requires a person who has been convicted of a felony offense to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. Existing law makes these provisions retroactive, regardless of when the crime charged or committed became a qualifying offense. -This bill would expand these provisions to require persons convicted of specified -misdemeanors, if they have a prior conviction of other specified misdemeanors, -misdemeanors -to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. By imposing additional duties on local law enforcement agencies to collect and forward these samples, this bill would impose a state-mandated local program. -Existing law prohibits a judge from relieving a person of the separate administrative duty to provide specimens, samples, or print impressions required by the DNA Act if the person has been found guilty of an offense for which DNA collection is required. Existing law, added by Proposition 47, allows a person to petition the court for resentencing if he or she was convicted of a felony that was reduced to a misdemeanor by Proposition 47. Existing law requires the court to resentence the petitioner, unless the court determines that the person would pose an unreasonable risk to public safety. -This bill would clarify that the prohibition on judges relieving a person of the duty to provide specimens, samples, or print impressions is not affected by resentencing under Proposition 47. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend -Section 296 -Sections 296 and 299 -of the Penal Code, relating to DNA evidence." -502,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2170 of the Elections Code is amended to read: -2170. -(a) “Conditional voter registration” means a properly executed affidavit of registration, which is delivered by the registrant to a county elections official during the 14 days immediately preceding an election or on election day and which may be deemed effective pursuant to this article after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information, as specified in subdivision (c). -(b) In addition to other methods of voter registration provided by this code, an elector who is otherwise qualified to register to vote under this code and Section 2 of Article II of the California Constitution may complete a conditional voter registration and cast a provisional ballot during the 14 days immediately preceding an election or on election day pursuant to this article. -(c) (1) A conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the information provided by the registrant on the registration affidavit matches information contained in a database maintained by the -California -Department of Motor Vehicles or the federal Social Security Administration. -(2) If the information provided by the registrant on the registration affidavit cannot be verified pursuant to paragraph (1) but the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to Section 2150 and the conditional voter registration shall be deemed effective. -(3) In order for a conditional voter registration to be deemed effective as described in paragraph (2), the registrant shall provide proof of residence pursuant to subdivision (a) of Section 2170.5. -(d) The county elections official shall offer conditional voter registration and provisional voting pursuant to this article, in accordance with the following procedures: -(1) The -county -elections official shall provide conditional voter registration and provisional voting pursuant to this article at all permanent offices of the county elections official in the county. -(2) The -county -elections official shall advise registrants that a conditional voter registration will be effective only if the registrant is determined to be eligible to register to vote for the election and the information provided by the registrant on the registration affidavit is verified pursuant to subdivision (c). -(3) The -county -elections official shall conduct the receipt and handling of each conditional voter registration and offer and receive a corresponding provisional ballot in a manner that protects the secrecy of the ballot and allows the -county -elections official to process the registration, to determine the registrant’s eligibility to register, and to validate the registrant’s information before counting or rejecting the corresponding provisional ballot. -(4) After receiving a conditional voter registration, the -county -elections official shall process the registration, determine the registrant’s eligibility to register, and attempt to validate the information. -(5) If a conditional registration is deemed effective, the -county -elections official shall include the corresponding provisional ballot in the official canvass. -(e) The county elections official may offer conditional voter registration and provisional voting pursuant to this article on election day at satellite offices of the county elections office, in accordance with the procedures specified in paragraphs (2) to (5), inclusive, of subdivision (d). -SEC. 2. -Section 2170.5 is added to the Elections Code, to read: -2170.5. -(a) A person who completes a conditional voter registration pursuant to this article shall provide proof of residence in order to register to vote during the 14 days immediately preceding an election or on election day. Proof of residence shall include any of the following: -(1) A valid California driver’s license, driver’s instruction permit, or identification card. -(2) A valid student identification card with an identifying photograph. -(3) A tribal identification card with an identifying photograph and signature. -(4) Photo identification, which may include a driver’s license, state identification card, passport, military identification card, tribal identification card, or student identification card, and a current bill identifying the name and address of the registrant, which may include a utility bill due within 30 days of election day, a rent statement dated within 30 days of election day, or a current student fee statement. -(b) If a conditional voter registration is not deemed effective pursuant to this article, the elections official shall process the affidavit of registration pursuant to Sections 2102 and 2107 and, if the registrant meets all other eligibility requirements to register to vote, the registration shall be deemed effective in forthcoming elections. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes conditional voter registration, using an affidavit of registration, whereby a person is permitted to register to vote after the 15th day before an election or on election day, and cast a provisional ballot to be counted if the conditional voter registration is deemed effective. Existing law establishes the procedures and requirements for determining whether a conditional voter registration is deemed effective, requires the county elections official to offer conditional voter registration and provisional voting at its permanent offices, and authorizes the official to offer this registration and voting at satellite offices on election day. -This bill would require that a registrant provide proof of residence, as specified, in order for a conditional voter registration to be deemed effective. If a conditional voter registration is not deemed effective, the bill would require the elections official to process the affidavit of registration, as specified, and if all other eligibility requirements are met, would require the registration to be effective in forthcoming elections. By imposing additional duties on county election officials, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 2170 of, and to add Section 2170.5 to, the Elections Code, relating to elections." -503,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 56133 of the Government Code is amended to read: -56133. -(a) A city or district may provide new or extended services by contract or agreement outside its jurisdictional boundary only if it first requests and receives written approval from the commission. -(b) The commission may authorize a city or district to provide new or extended services outside its jurisdictional boundary but within its sphere of influence in anticipation of a later change of organization. -(c) If consistent with adopted policy, the commission may authorize a city or district to provide new or extended services outside its jurisdictional boundary and outside its sphere of influence to respond to an existing or impending threat to the health or safety of the public or the residents of the affected territory, if both of the following requirements are met: -(1) The entity applying for approval has provided the commission with documentation of a threat to the health and safety of the public or the affected residents. -(2) The commission has notified any alternate service provider, including any water corporation as defined in Section 241 of the Public Utilities Code, that has filed a map and a statement of its service capabilities with the commission. -(d) The executive officer, within 30 days of receipt of a request for approval by a city or district to extend services outside its jurisdictional boundary, shall determine whether the request is complete and acceptable for filing or whether the request is incomplete. If a request is determined not to be complete, the executive officer shall immediately transmit that determination to the requester, specifying those parts of the request that are incomplete and the manner in which they can be made complete. When the request is deemed complete, the executive officer shall place the request on the agenda of the next commission meeting for which adequate notice can be given but not more than 90 days from the date that the request is deemed complete, unless the commission has delegated approval of requests made pursuant to this section to the executive officer. The commission or executive officer shall approve, disapprove, or approve with conditions the extended services. If the new or extended services are disapproved or approved with conditions, the applicant may request reconsideration, citing the reasons for reconsideration. -(e) This section does not apply to two or more public agencies where the public service to be provided is an alternative to, or substitute for, public services already being provided by an existing public service provider and where the level of service to be provided is consistent with the level of service contemplated by the existing service provider. -(f) This section does not apply to the transfer of nonpotable or nontreated water. -(g) This section does not apply to the provision of surplus water to agricultural lands and facilities, including, but not limited to, incidental residential structures, for projects that serve conservation purposes or that directly support agricultural industries. However, prior to extending surplus water service to any project that will support or induce development, the city or district shall first request and receive written approval from the commission in the affected county. -(h) This section does not apply to an extended service that a city or district was providing on or before January 1, 2001. -(i) This section does not apply to a local publicly owned electric utility, as defined by Section 9604 of the Public Utilities Code, providing electric services that do not involve the acquisition, construction, or installation of electric distribution facilities by the local publicly owned electric utility, outside of the utility’s jurisdictional boundary. -(j) This section applies only to the commission of the county in which the extension of service is proposed. -SEC. 1.5. -Section 56133 of the Government Code is amended to read: -56133. -(a) A city or district may provide new or extended services by contract or agreement outside its jurisdictional boundary only if it first requests and receives written approval from the commission. -(b) The commission may authorize a city or district to provide new or extended services outside its jurisdictional boundary but within its sphere of influence in anticipation of a later change of organization. -(c) If consistent with adopted policy, the commission may authorize a city or district to provide new or extended services outside its jurisdictional boundary and outside its sphere of influence to respond to an existing or impending threat to the health or safety of the public or the residents of the affected territory, if both of the following requirements are met: -(1) The entity applying for approval has provided the commission with documentation of a threat to the health and safety of the public or the affected residents. -(2) The commission has notified any alternate service provider, including any water corporation as defined in Section 241 of the Public Utilities Code, that has filed a map and a statement of its service capabilities with the commission. -(d) The executive officer, within 30 days of receipt of a request for approval by a city or district to extend services outside its jurisdictional boundary, shall determine whether the request is complete and acceptable for filing or whether the request is incomplete. If a request is determined not to be complete, the executive officer shall immediately transmit that determination to the requester, specifying those parts of the request that are incomplete and the manner in which they can be made complete. When the request is deemed complete, the executive officer shall place the request on the agenda of the next commission meeting for which adequate notice can be given but not more than 90 days from the date that the request is deemed complete, unless the commission has delegated approval of requests made pursuant to this section to the executive officer. The commission or executive officer shall approve, disapprove, or approve with conditions the extended services. If the new or extended services are disapproved or approved with conditions, the applicant may request reconsideration, citing the reasons for reconsideration. -(e) This section does not apply to any of the following: -(1) Two or more public agencies where the public service to be provided is an alternative to, or substitute for, public services already being provided by an existing public service provider and where the level of service to be provided is consistent with the level of service contemplated by the existing service provider. -(2) The transfer of nonpotable or nontreated water. -(3) The provision of surplus water to agricultural lands and facilities, including, but not limited to, incidental residential structures, for projects that serve conservation purposes or that directly support agricultural industries. However, prior to extending surplus water service to any project that will support or induce development, the city or district shall first request and receive written approval from the commission in the affected county. -(4) An extended service that a city or district was providing on or before January 1, 2001. -(5) A local publicly owned electric utility, as defined by Section 9604 of the Public Utilities Code, providing electric services that do not involve the acquisition, construction, or installation of electric distribution facilities by the local publicly owned electric utility, outside of the utility’s jurisdictional boundary. -(6) A fire protection contract, as defined in subdivision (a) of Section 56134. -(f) This section applies only to the commission of the county in which the extension of service is proposed. -SEC. 2. -Section 56133.5 is added to the Government Code, to read: -56133.5. -(a) A pilot program is hereby established for the Napa and San Bernardino commissions. If consistent with adopted policy, the Napa and San Bernardino commissions may authorize a city or district to provide new or extended services outside its jurisdictional boundary and outside its sphere of influence to support existing or planned uses involving public or private properties, subject to approval at a noticed public hearing in which the commission makes all of the following determinations: -(1) The extension of service or services deficiency was identified and evaluated in a review of municipal services prepared pursuant to Section 56430. -(2) The extension of service will not result in either (1) adverse impacts on open space or agricultural lands or (2) growth inducing impacts. -(3) A sphere of influence change involving the subject territory and its affected agency is not feasible under this division or desirable based on the adopted policies of the commission. -(b) Subdivision (d) of Section 56133 shall apply to any request for new or extended services pursuant to this section. -(c) For purposes of this section, “planned use” means any project that is included in an approved specific plan as of July 1, 2015. -(d) The Napa and San Bernardino commissions shall submit a report before January 1, 2020, to the Legislature on their participation in the pilot program, including how many requests for extension of services were received pursuant to this section and the action by the commission to approve, disapprove, or approve with conditions. The report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. -(e) The pilot program established pursuant to this section shall be consistent with Chapter 8.5 (commencing with Section 1501) of the Public Utilities Code. -(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. -SEC. 3. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in Napa and San Bernardino. -SEC. 4. -Section 1.5 of this bill incorporates amendments to Section 56133 of the Government Code proposed by both this bill and Senate Bill 239. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 56133 of the Government Code, and (3) this bill is enacted after Senate Bill 239, in which case Section 1 of this bill shall not become operative.","The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 governs the procedures for the formation and change of organization of cities and special districts. Existing law permits a city or district to provide extended services, as defined, outside its jurisdictional boundaries only if it first requests and receives written approval from the local agency formation commission in the affected county. Under existing law, the commission may authorize a city or district to provide new or extended services outside both its jurisdictional boundaries and its sphere of influence under specified circumstances, including when responding to an impending threat to the public health or safety of the residents in the affected territory where specified requirements are met. -This bill would revise the circumstances under which the commission may authorize a city or district to provide new or extended services. This bill would additionally establish a pilot program, until January 1, 2021, for the Napa and San Bernardino commissions that would permit those commissions to authorize a city or district to provide new or extended services outside both its jurisdictional boundaries and its sphere of influence under specified circumstances. -This bill would make legislative findings and declarations as to the necessity of a special statute for the Napa and San Bernardino commissions. -This bill would incorporate additional changes to Section 56133 of the Government Code proposed by SB 239 that would become operative if this bill and SB 239 are both enacted and this bill is enacted last.","An act to amend Section 56133 of, and to add and repeal Section 56133.5 of, the Government Code, relating to local agency formation." -504,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 70901 of the Education Code is amended to read: -70901. -(a) The Board of Governors of the California Community Colleges shall provide leadership and direction in the continuing development of the California Community Colleges as an integral and effective element in the structure of public higher education in the state. The work of the board of governors shall at all times be directed to maintaining and continuing, to the maximum degree permissible, local authority and control in the administration of the California Community Colleges. -(b) Subject to, and in furtherance of, subdivision (a), and in consultation with community college districts and other interested parties as specified in subdivision (e), the board of governors shall provide general supervision over community college districts, and shall, in furtherance of those purposes, perform the following functions: -(1) Establish minimum standards as required by law, including, but not limited to, the following: -(A) Minimum standards to govern student academic standards relating to graduation requirements and probation, dismissal, and readmission policies. -(B) Minimum standards for the employment of academic and administrative staff in community colleges. -(C) Minimum standards for the formation of community colleges and districts. -(D) Minimum standards for credit and noncredit classes. -(E) Minimum standards governing procedures established by governing boards of community college districts to ensure faculty, staff, and students the right to participate effectively in district and college governance, and the opportunity to express their opinions at the campus level and to ensure that these opinions are given every reasonable consideration, and the right of academic senates to assume primary responsibility for making recommendations in the areas of curriculum and academic standards. -(2) Evaluate and issue annual reports on the fiscal and educational effectiveness of community college districts according to outcome measures cooperatively developed with those districts, and provide assistance when districts encounter severe management difficulties. -(3) Conduct necessary systemwide research on community colleges, and provide appropriate information services, including, but not limited to, definitions for the purpose of uniform reporting, collection, compilation, and analysis of data for effective planning and coordination, and dissemination of information. -(4) (A) Provide representation, advocacy, and accountability for the California Community Colleges before state and national legislative and executive agencies. -(B) In order to wholly engage in the recognition review process of an accrediting agency pursuant to subdivision (c) of Section 72208, conduct a survey of the community colleges, including consultation with representatives of both faculty and classified personnel, to develop a report to be transmitted to the United States Department of Education and the National Advisory Committee on Institutional Quality and Integrity that reflects a systemwide evaluation of the regional accrediting agency based on the criteria used to determine an accreditor’s status. -(5) Administer state support programs, both operational and capital outlay, and those federally supported programs for which the board of governors has responsibility pursuant to state or federal law. In so doing, the board of governors shall do the following: -(A) (i) Annually prepare and adopt a proposed budget for the California Community Colleges. The proposed budget shall, at a minimum, identify the total revenue needs for serving educational needs within the mission, the amount to be expended for the state general apportionment, the amounts requested for various categorical programs established by law, the amounts requested for new programs and budget improvements, and the amount requested for systemwide administration. -(ii) The proposed budget for the California Community Colleges shall be submitted to the Department of Finance in accordance with established timelines for development of the annual Budget Bill. -(B) To the extent authorized by law, establish the method for determining and allocating the state general apportionment. -(C) Establish space and utilization standards for facility planning in order to determine eligibility for state funds for construction purposes. -(6) (A) Establish minimum conditions entitling districts to receive state aid for support of community colleges. In so doing, the board of governors shall establish and carry out a periodic review of each community college district to determine whether it has met the minimum conditions prescribed by the board of governors. -(B) In determining whether a community college district satisfies the minimum conditions established pursuant to this section, the board of governors shall review the regional accreditation status of the community colleges within that district. -(7) Coordinate and encourage interdistrict, regional, and statewide development of community college programs, facilities, and services. -(8) Facilitate articulation with other segments of higher education with secondary education. -(9) Review and approve comprehensive plans for each community college district. The plans shall be submitted to the board of governors by the governing board of each community college district. -(10) Review and approve all educational programs offered by community college districts and all courses that are not offered as part of an educational program approved by the board of governors. -(11) Exercise general supervision over the formation of new community college districts and the reorganization of existing community college districts, including the approval or disapproval of plans therefor. -(12) Notwithstanding any other provision of law, be solely responsible for establishing, maintaining, revising, and updating, as necessary, the uniform budgeting and accounting structures and procedures for the California Community Colleges. -(13) Establish policies regarding interdistrict attendance of students. -(14) Advise and assist governing boards of community college districts on the implementatiots so as to ensure their participation in the development and review of policy proposals. The consultation process shall also afford community college organizations, as well as interested individuals and parties, an opportunity to review and comment on proposed policy before it is adopted by the board of governors. -SEC. 2. -Section 72208 of the Education Code is amended to read: -72208. -(a) The regional accrediting agency for the community colleges shall report to the appropriate policy and budget subcommittees of the Legislature upon the issuance of a decision that affects the accreditation status of a community college and, on a biannual basis, report any accreditation policy changes that affect the accreditation process or status for a community college. -(b) The Office of the Chancellor of the California Community Colleges shall ensure that the appropriate policy and budget subcommittees of the Legislature are provided the information required to be reported pursuant to subdivision (a). -(c) The regional accrediting agency shall report to the board of governors as soon as practicable after the National Advisory Committee on Institutional Quality and Integrity has notified the regional accrediting agency of the date by which the agency’s application for continued recognition is due.","(1) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law imposes numerous duties on the board of governors with respect to these administrative responsibilities, including a requirement to review the accreditation status of community colleges in certain circumstances. -This bill would add to the duties of the board of governors by requiring it to conduct a survey of the community colleges, including consultation with representatives of both faculty and classified personnel, to develop a report to be transmitted to the United States Department of Education and the National Advisory Committee on Institutional Quality and Integrity that reflects a systemwide evaluation of the regional accrediting agency based on the criteria used to determine an accreditor’s status. -(2) Existing law requires the accrediting agency for the community colleges to report to the appropriate policy and budget subcommittees of the Legislature upon the issuance of a decision that affects the accreditation status of a community college and, on a biannual basis, to report any accreditation policy changes that affect the accreditation process or status for a community college. -This bill would require the regional accrediting agency for the community colleges to report to the board of governors as soon as practicable after the National Advisory Committee on Institutional Quality and Integrity has notified the regional accrediting agency of the date by which the agency’s application for continued recognition is due.","An act to amend Sections 70901 and 72208 of the Education Code, relating to community colleges." -505,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 56000.5 of the Education Code is amended to read: -56000.5. -(a) The Legislature finds and declares that: -(1) Pupils with low-incidence disabilities, as a group, make up less than 1 percent of the total statewide enrollment for kindergarten through grade 12. -(2) Pupils with low-incidence disabilities require highly specialized services, equipment, and materials. -(b) The Legislature further finds and declares that: -(1) Deafness involves the most basic of human needs—the ability to communicate with other human beings. Many -hard-of-hearing and deaf -hard-of-hearing -, deaf, and nonverbal -children use an appropriate communication mode, sign language, which may be their primary language, while others express and receive language orally and aurally, with or without visual signs or cues. Still others, typically young -hard-of-hearing and deaf -hard-of-hearing -, deaf, and nonverbal -children, lack any significant language skills. It is essential for the well-being and growth of -hard-of-hearing and deaf -hard-of-hearing -, deaf, and nonverbal -children that educational programs recognize the unique nature of deafness and ensure that all -hard-of-hearing and deaf -hard-of-hearing -, deaf, and nonverbal -children have appropriate, ongoing, and fully accessible educational opportunities. -(2) It is essential that -hard-of-hearing and deaf -hard-of-hearing, deaf, and nonverbal -children, like all children, have an education in which their unique communication mode is respected, utilized, and developed to an appropriate level of proficiency. -(3) It is essential that -hard-of-hearing and deaf -hard-of-hearing, deaf, and nonverbal -children have an education in which special education teachers, psychologists, speech therapists, assessors, administrators, and other special education personnel understand the unique nature of deafness and are specifically trained to work with -hard-of-hearing and deaf -hard-of-hearing, deaf, and nonverbal -pupils. It is essential that -hard-of-hearing and deaf -hard-of-hearing -, deaf, and nonverbal -children have an education in which their special education teachers are proficient in the primary language mode of those children. -(4) It is essential that -hard-of-hearing and deaf -hard-of-hearing -, deaf, and nonverbal -children, like all children, have an education with a sufficient number of language mode peers with whom they can communicate directly and who are of the same, or approximately the same, age and ability level. -(5) It is essential that -hard-of-hearing and deaf -hard-of-hearing -, deaf, and nonverbal -children have an education in which their parents and, where appropriate, -hard-of-hearing and deaf -hard-of-hearing -, deaf, and nonverbal -people are involved in determining the extent, content, and purpose of programs. -(6) -Hard-of-hearing and deaf -hard-of-hearing -, deaf, and nonverbal -children would benefit from an education in which they are exposed to -hard-of-hearing and deaf -hard-of-hearing -, deaf, and nonverbal -role models. -(7) It is essential that -hard-of-hearing and deaf -hard-of-hearing -, deaf, and nonverbal -children, like all children, have programs in which they have direct and appropriate access to all components of the educational process, including, but not limited to, recess, lunch, and extracurricular social and athletic activities. -(8) It is essential that -hard-of-hearing and deaf -hard-of-hearing -, deaf, and nonverbal -children, like all children, have programs in which their unique vocational needs are provided for, including appropriate research, curricula, programs, staff, and outreach. -(9) Each -hard-of-hearing and deaf -hard-of-hearing -, deaf, and nonverbal -child should have a determination of the least restrictive educational environment that takes into consideration these legislative findings and declarations. -(10) Given their unique communication needs, -hard-of-hearing and deaf -hard-of-hearing -, deaf, and nonverbal -children would benefit from the development and implementation of regional programs for children with low-incidence disabilities. -SECTION 1. -Section 51210 of the -Education Code -is amended to read: -51210. -(a)The adopted course of study for grades 1 to 6, inclusive, shall include instruction, beginning in grade 1 and continuing through grade 6, in the following areas of study: -(1)English, including knowledge of, and appreciation for literature and the language, as well as the skills of speaking, reading, listening, spelling, handwriting, and composition. -(2)Mathematics, including concepts, operational skills, and problem solving. -(3)Social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils. Instruction shall provide a foundation for understanding the history, resources, development, and government of California and the United States of America; the development of the American economic system, including the role of the entrepreneur and labor; the relations of persons to their human and natural environment; eastern and western cultures and civilizations; contemporary issues; and the wise use of natural resources. -(4)Science, including the biological and physical aspects, with emphasis on the processes of experimental inquiry and on the place of humans in ecological systems. -(5)Visual and performing arts, including instruction in the subjects of dance, music, theater, and visual arts, aimed at the development of aesthetic appreciation and the skills of creative expression. -(6)Health, including instruction in the principles and practices of individual, family, and community health. -(7)Physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period. -(8)Other studies that may be prescribed by the governing board. -(b)(1)A complaint that a school district or county superintendent of schools has not complied with the physical education requirements of paragraph (7) of subdivision (a) may be filed with a school district or county superintendent of schools pursuant to the local complaint procedures, if any, or the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. -(2)A complainant not satisfied with the decision of the school district or county superintendent of schools may appeal the decision to the Superintendent and shall receive a written appeal decision within 60 days of the Superintendent’s receipt of the appeal. -(3)If a school district or county superintendent of schools finds merit in a complaint filed pursuant to this subdivision, or if the Superintendent finds merit in an appeal made pursuant to paragraph (2), the school district or county superintendent of schools shall provide a remedy to all affected pupils, parents, and guardians. -(4)A private right of action or civil action shall not be brought against a school district or county superintendent of schools relating to noncompliance with the physical education requirements of paragraph (7) of subdivision (a) unless the complainant first follows the local complaint procedures, if any, or the Uniform Complaint Procedures, pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, if no local complaint procedures exist. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law makes certain findings and declarations relating to the education of hard-of-hearing and deaf pupils. -This bill would revise those findings and declarations to include nonverbal pupils. -Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include certain areas of study, including, among others, English, mathematics, social sciences, science, and physical education, as specified. Existing law requires that physical education have a total period of time of not less than 200 minutes each 10 schooldays, as provided. -This bill would authorize a complaint that a school district or county superintendent of schools has not complied with the physical education requirements of the adopted course of study for grades 1 to 6, inclusive, to be filed with the school district or county superintendent of schools pursuant to the local complaint procedures, if any, or the Uniform Complaint Procedures, as specified. The bill would authorize a complainant not satisfied with the school district’s or county superintendent of schools decision to file an appeal with the Superintendent of Public Instruction. If a school district or county superintendent of schools finds merit in the complaint, or the Superintendent finds merit in the appeal, the bill would require the school district or county superintendent of schools to provide a remedy, as provided. To the extent this bill would impose additional duties on school districts or county education officials, the bill would impose a state-mandated local program. The bill would prohibit specified civil actions against a school district or county superintendent of schools relating to noncompliance with the physical education requirements unless the complainant first follows local complaint procedures, if any, or the Uniform Complaint Procedures, if no local complaint procedures exist. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section -51210 -56000.5 -of the Education Code, relating to -pupil instruction. -special education." -506,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) It is the intent of the Legislature that the certification created by this act not conflict with the intended purpose of the California Disabled Veteran Business Enterprise Program, which is, as stated in subdivision (a) of Section 999 of the Military and Veterans Code, “to address the special needs of disabled veterans seeking rehabilitation and training through entrepreneurship and to recognize the sacrifices of Californians disabled during military service.” -(b) The Legislature finds and declares all of the following: -(1) Allowing a person who is not a “disabled veteran,” as defined in paragraph (6) of subdivision (b) of Section 999 of the Military and Veterans Code, to perform the role of a “disabled veteran” within the California Disabled Veteran Business Enterprise Program, would conflict with the intended purpose of the program by placing that person in competition with a “disabled veteran” for program benefits intended to meet the special needs of disabled veterans. -(2) The spouse or child of a disabled veteran may participate in the program without conflicting with the program’s intended purpose, if their participation is limited to either fulfilling existing contracts or providing for the orderly and equitable disposition of a certified disabled veteran business enterprise following the death or permanent medical disability of the business’ majority owner. -(3) Three years is sufficient time for the orderly and equitable disposition of a certified disabled veteran business enterprise following the death or permanent medical disability of the majority owner. -(c) It is the intent of the Legislature that the certification created by this act shall not establish any business advantage other than to permit the spouse or child of the majority owner of a disabled veteran business enterprise to temporarily control and fully operate that business upon the death or permanent medical disability of the majority owner. -SEC. 2. -Section 999 of the Military and Veterans Code is amended to read: -999. -(a) This article shall be known as, and may be cited as, the California Disabled Veteran Business Enterprise Program. The California Disabled Veteran Business Enterprise Program is established to address the special needs of disabled veterans seeking rehabilitation and training through entrepreneurship and to recognize the sacrifices of Californians disabled during military service. It is the intent of the Legislature that every state procurement authority honor California’s disabled veterans by taking all practical actions necessary to meet or exceed the disabled veteran business enterprise participation goal of a minimum of 3 percent of total contract value. -(b) As used in this article, the following definitions apply: -(1) “Administering agency” means the Treasurer, in the case of contracts for professional bond services, and the Department of General Services’ Office of Small Business and Disabled Veteran Business Enterprise Services, in the case of contracts governed by Section 999.2. -(2) “Awarding department” means a state agency, department, governmental entity, or other officer or entity empowered by law to issue bonds or enter into contracts on behalf of the state. -(3) “Bonds” means bonds, notes, warrants, certificates of participation, and other evidences of indebtedness issued by, or on behalf of, the state. -(4) “Contract” includes any agreement or joint agreement to provide professional bond services to the State of California or an awarding department. “Contract” also includes any agreement or joint development agreement to provide labor, services, materials, supplies, or equipment in the performance of a contract, franchise, concession, or lease granted, let, or awarded for, and on behalf of, the state. -(5) (A) “Contractor” means a person or persons, regardless of race, color, creed, national origin, ancestry, sex, marital status, disability, religious or political affiliation, age, or any sole proprietorship, firm, partnership, joint venture, corporation, or combination thereof that submits a bid and enters into a contract with a representative of a state agency, department, governmental entity, or other officer empowered by law to enter into contracts on behalf of the state. “Contractor” includes a provider of professional bond services who enters into a contract with an awarding department. -(B) “Disabled veteran business enterprise contractor, subcontractor, or supplier” means a person or entity that has been certified by the administering agency pursuant to this article and that performs a commercially useful function, as defined in clause (i), in providing services or goods that contribute to the fulfillment of the contract requirements: -(i) A person or an entity is deemed to perform a “commercially useful function” if a person or entity does all of the following: -(I) Is responsible for the execution of a distinct element of the work of the contract. -(II) Carries out the obligation by actually performing, managing, or supervising the work involved. -(III) Performs work that is normal for its business services and functions. -(IV) Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment. -(V) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. -(ii) A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor’s, subcontractor’s, or supplier’s role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of a disabled veteran business enterprise participation. -(6) “Disabled veteran” means a veteran of the military, naval, or air service of the United States, including, but not limited to, the Philippine Commonwealth Army, the Regular Scouts, “Old Scouts,” and the Special Philippine Scouts, “New Scouts,” who has at least a 10-percent service-connected disability and who is domiciled in the state. -(7) (A) “Disabled veteran business enterprise” means a business certified by the administering agency as meeting all of the following requirements: -(i) It is a sole proprietorship at least 51 percent owned by one or more disabled veterans or, in the case of a publicly owned business, at least 51 percent of its stock is unconditionally owned by one or more disabled veterans; a subsidiary that is wholly owned by a parent corporation, but only if at least 51 percent of the voting stock of the parent corporation is unconditionally owned by one or more disabled veterans; or a joint venture in which at least 51 percent of the joint venture’s management, control, and earnings are held by one or more disabled veterans. -(ii) The management and control of the daily business operations are by one or more disabled veterans. The disabled veterans who exercise management and control are not required to be the same disabled veterans as the owners of the business. -(iii) It is a sole proprietorship, corporation, or partnership with its home office located in the United States, which is not a branch or subsidiary of a foreign corporation, foreign firm, or other foreign-based business. -(B) Notwithstanding subparagraph (A), after the death or the certification of a permanent medical disability of a disabled veteran who is a majority owner of a business that qualified as a disabled veteran business enterprise prior to that death or certification of a permanent medical disability, that business shall be deemed to be a disabled veteran business enterprise for a period not to exceed three years after the date of that death or certification of a permanent medical disability, if the business is inherited or controlled by the spouse or child of the majority owner, or by both of those persons. A business is a disabled veteran business enterprise pursuant to this subparagraph under either of the following circumstances: -(i) For the duration of any contract entered into prior to the death or certification of permanent medical disability for the sole purpose of fulfilling the requirements of that contract. -(ii) After the date of the majority owner’s death or certification of permanent medical disability established by this subparagraph for the sole purpose of providing sufficient time to make orderly and equitable arrangements for the disposition of the business, except that the business shall not enter into any new contract as a disabled veteran business enterprise for purposes of the program if the contract would not be completed within the three-year period. -(8) “Foreign corporation,” “foreign firm,” or “foreign-based business” means a business entity that is incorporated or has its principal headquarters located outside the United States of America. -(9) “Goal” means a numerically expressed objective that awarding departments and contractors are required to make efforts to achieve. -(10) “Management and control” means effective and demonstrable management of the business entity. -(11) “Professional bond services” include services as financial advisers, bond counsel, underwriters in negotiated transactions, underwriter’s counsel, financial printers, feasibility consultants, and other professional services related to the issuance and sale of bonds.","The California Disabled Veteran Business Enterprise Program addresses the special needs of disabled veterans by assisting state procurement authorities in meeting or exceeding the disabled veteran enterprise participation goal of 3% for procurement contracts. Existing law, under the program, authorizes a child or spouse to continue to operate a disabled veteran business enterprise for 3 years after the death or the certification of a permanent medical disability of a disabled veteran who was the majority owner of that enterprise, but only for purposes of any contract entered into before his or her death or certification of disability. -This bill would delete the provision that only allows a child or spouse to operate the business for purposes of the contracts entered into before death or certification of disability. The bill would clarify the scope and purpose of the provision authorizing a child or spouse to continue to operate a disabled veteran business enterprise for 3 years after the death or the certification of a permanent medical disability of a disabled veteran who was the majority owner of that enterprise. The bill would also set forth a statement of legislative intent.","An act to amend Section 999 of the Military and Veterans Code, relating to veterans." -507,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1946.7 of the Civil Code, as amended by Section 1 of Chapter 130 of the Statutes of 2013, is amended to read: -1946.7. -(a) A tenant may notify the landlord that he or she or a household member was a victim of an act that constitutes an act of domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 261, 261.5, 262, 286, 288a, or 289 of the Penal Code, stalking as defined in Section 1708.7, human trafficking as defined in Section 236.1 of the Penal Code, or abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code, and that the tenant intends to terminate the tenancy. -(b) A notice to terminate a tenancy under this section shall be in writing, with one of the following attached to the notice: -(1) A copy of a temporary restraining order, emergency protective order, or protective order lawfully issued pursuant to Part 3 (commencing with Section 6240) or Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2 of the Penal Code, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code that protects the tenant or household member from further domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. -(2) A copy of a written report by a peace officer employed by a state or local law enforcement agency acting in his or her official capacity stating that the tenant or household member has filed a report alleging that he or she or the household member is a victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. -(3) (A) Documentation from a qualified third party based on information received by that third party while acting in his or her professional capacity to indicate that the tenant or household member is seeking assistance for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse. -(B) The documentation shall contain, in substantially the same form, the following: -Tenant Statement and Qualified Third Party Statement -under Civil Code Section 1946.7 -Part I.Statement By Tenant -I, [insert name of tenant], state as follows: -I, or a member of my household, have been a victim of: -[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse.] -The most recent incident(s) happened on or about: -[insert date or dates.] -The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: -[if known and safe to provide, insert name(s) and physical description(s).] -(signature of tenant)(date) -Part II.Qualified Third Party Statement -I, [insert name of qualified third party], state as follows: -My business address and phone number are: -[insert business address and phone number.] -Check and complete one of the following: -____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. -____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. -____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. -____I am licensed by the State of California as a: -[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: -[insert name of state licensing entity and license number.] -The person who signed the Statement By Tenant above stated to me that he or she, or a member of his or her household, is a victim of: -[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse.] -The person further stated to me the incident(s) occurred on or about the date(s) stated above. -I understand that the person who made the Statement By Tenant may use this document as a basis for terminating a lease with the person’s landlord. -(signature of qualified third party)(date) -(C) The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, or a human trafficking caseworker only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor or caseworker. -(c) The notice to terminate the tenancy shall be given within 180 days of the date that any order described in paragraph (1) of subdivision (b) was issued, within 180 days of the date that any written report described in paragraph (2) of subdivision (b) was made, or within the time period described in Section 1946. -(d) If notice to terminate the tenancy is provided to the landlord under this section, the tenant shall be responsible for payment of rent for no more than 14 calendar days following the giving of the notice, or for any shorter appropriate period as described in Section 1946 or the lease or rental agreement. The tenant shall be released from any rent payment obligation under the lease or rental agreement without penalty. If the premises are relet to another party prior to the end of the obligation to pay rent, the rent owed under this subdivision shall be prorated. Existing law governing the security deposit shall apply. -(e) Nothing in this section relieves a tenant, other than the tenant who is, or who has a household member who is, a victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult and members of that tenant’s household, from their obligations under the lease or rental agreement. -(f) (1) “Household member,” as used in this section, means a member of the tenant’s family who lives in the same household as the tenant. -(2) “Qualified third party,” as used in this section, means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code. -(3) “Health practitioner,” as used in this section, means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor. -(h) (1) A landlord shall not disclose any information provided by a tenant under this section to a third party unless the disclosure satisfies any one of the following: -(A) The tenant consents in writing to the disclosure. -(B) The disclosure is required by law or order of the court. -(2) A landlord’s communication to a qualified third party who provides documentation under paragraph (3) of subdivision (b) to verify the contents of that documentation is not disclosure for purposes of this subdivision. -SEC. 2. -Section 1946.7 of the Civil Code, as added by Section 2 of Chapter 130 of the Statutes of 2013, is repealed.","Existing law, until January 1, 2016, authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence or sexual assault and that the tenant intends to terminate the tenancy. Existing law requires that the tenant attach to the notice to terminate a tenancy a copy of a temporary restraining order or protective order that protects the tenant or household member from further domestic violence or sexual assault or to attach a report by a peace officer stating that the tenant or household member has filed a report alleging he or she or the household member is a victim of domestic violence or sexual assault. -Existing law authorizes the use of a tenant’s security deposit to compensate a landlord for a tenant’s default in the payment of rent. Existing law provides that existing law governing security deposits applies to these terminations. -This bill would extend these provisions indefinitely and would reduce the time limit for a tenant to give a notice of intent to vacate to the landlord under these provisions from 30 days to 14 days.","An act to amend and repeal Section 1946.7 of the Civil Code, relating to tenancy." -508,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 101 of the Welfare and Institutions Code is amended to read: -101. -As used in this chapter, the following definitions shall apply: -(a) “Adult” means a person 18 years of age or older. -(b) “Child or minor” means a person under the jurisdiction of the juvenile court pursuant to Section 300, 601, or 602. -(c) “CASA” means a Court-Appointed Special Advocate. “CASA” also refers to a Court Designated Child Advocate in programs that have utilized that title. A CASA has the duties and responsibilities described in this chapter and shall be trained by and function under the auspices of a Court-Appointed Special Advocate program as set forth in this chapter. -(d) “Court” means the superior court, including the juvenile court. -(e) “Dependent” means a person described in Section 300. -(f) “Nonminor dependent” means a person as described in subdivision (v) of Section 11400. -(g) “Ward” means a person described in Section 601 or 602. -SEC. 2. -Section 102 of the Welfare and Institutions Code is amended to read: -102. -(a) Each CASA program shall, if feasible, be staffed by a minimum of one paid administrator. The staff shall be directly accountable to the presiding juvenile court judge and the CASA program board of directors, as applicable. -(b) The program shall provide for volunteers to serve as CASAs. A CASA may be appointed to any dependent, nonminor dependent, or ward who is subject to the jurisdiction of the juvenile court. -(c) Each CASA shall serve at the pleasure of the court having jurisdiction over the proceedings in which a CASA has been appointed and that appointment may continue after the child attains his or her age of majority, with the consent of the nonminor dependent. A CASA shall do all of the following: -(1) Provide independent, factual information to the court regarding the cases to which he or she is appointed. -(2) Represent the best interests of the child involved, and consider the best interests of the family, in the cases to which he or she is appointed. -(3) At the request of the judge, monitor cases to which he or she has been appointed to ensure that the court’s orders have been fulfilled. -(d) The Judicial Council, through its rules and regulations, shall require an initial and ongoing training program consistent with this chapter for all persons acting as a CASA, including, but not limited to, each of the following: -(1) Dynamics of child abuse and neglect. -(2) Court structure, including juvenile court laws. -(3) Social service systems. -(4) Child development. -(5) Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth. -(6) Interviewing techniques. -(7) Report writing. -(8) Roles and responsibilities of a CASA. -(9) Rules of evidence and discovery procedures. -(10) Problems associated with verifying reports. -(e) The Judicial Council, through its CASA Advisory Committee, shall adopt guidelines for the screening of CASA volunteers, which shall include personal interviews, reference checks, checks for records of sex offenses and other criminal records, information from the Department of Motor Vehicles, and other information that the Judicial Council deems appropriate. -SEC. 3. -Section 103 of the Welfare and Institutions Code is amended to read: -103. -(a) Persons acting as a CASA shall be individuals who have demonstrated an interest in children and their welfare. Each CASA shall participate in a training course conducted under the rules and regulations adopted by the Judicial Council and in ongoing training and supervision throughout his or her involvement in the program. Each CASA shall be evaluated before and after initial training to determine his or her fitness for these responsibilities. Ongoing training shall be provided at least monthly. -(b) Each CASA shall commit a minimum of one year of service to a child until a permanent placement is achieved for the child or until relieved by the court, whichever is first. At the end of each year of service, the CASA, with the approval of the court, may recommit for an additional year. -(c) A CASA shall have no associations that create a conflict of interest with his or her duties as a CASA. -(d) An adult otherwise qualified to act as a CASA shall not be discriminated against based upon marital status, socioeconomic factors, or because of any characteristic listed or defined in Section 11135 of the Government Code. -(e) Each CASA is an officer of the court, with the relevant rights and responsibilities that pertain to that role and shall act consistently with the local rules of court pertaining to CASAs. -(f) Each CASA shall be sworn in by a superior court judge or commissioner before beginning his or her duties. -(g) A judge may appoint a CASA when, in the opinion of the judge, a child requires services which can be provided by the CASA, consistent with the local rules of court. -(h) To accomplish the appointment of a CASA, the judge making the appointment shall sign an order, which may grant the CASA the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, to the same extent as any other officer of the court appointed to investigate proceedings on behalf of the court. -(i) Each CASA shall be considered court personnel for purposes of subdivision (a) of Section 827. -SEC. 4. -Section 109 of the Welfare and Institutions Code is amended to read: -109. -(a) Except as provided in subdivisions (b) and (c), nothing in this chapter permits a person acting as a CASA to participate or appear in criminal proceedings or in proceedings to declare a person a ward of the juvenile court pursuant to Section 601 or 602. -(b) A person acting as a CASA may participate in determinations made pursuant to Section 241.1, and in all delinquency proceedings after adjudication of delinquency. -(c) This section does not apply to a person acting as a CASA when that person is acting solely as a support person to the child or who is in court on behalf of a child who is the victim of a crime.","Existing law requires the Judicial Council to establish a Court-Appointed Special Advocate (CASA) program, under which volunteers serve as court appointed child advocates to provide designated services and support to dependent children and nonminor dependents in juvenile dependency proceedings. Existing law provides that a minor, under certain circumstances, is subject to the jurisdiction of the juvenile court. If the minor has violated a law or ordinance, existing law authorizes the juvenile court to adjudge the minor to be a ward of the court. -This bill would authorize the appointment of a CASA in a juvenile delinquency proceeding, and would provide that a CASA shall be considered court personnel for purposes of inspecting the case file of a dependent child or ward of the juvenile court.","An act to amend Sections 101, 102, 103, and 109 of the Welfare and Institutions Code, relating to juveniles." -509,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17053.50 is added to the Revenue and Taxation Code, to read: -17053.50. -(a) For taxable years beginning on or after January 1, 2017, and before January 1, 2022, there shall be allowed to a qualified taxpayer a credit against the “net tax,” as defined in Section 17039, in an amount equal to 30 percent of the qualified taxpayer’s qualified costs. -(b) For purposes of this section: -(1) “At-risk property” means a building that is deemed hazardous and in danger of collapse in the event of a catastrophic earthquake, including, but not limited to, soft story buildings, nonductile concrete residential buildings, and pre-1994 concrete residential buildings. -(2) “Qualified building” means a building that has been certified as an at-risk property pursuant to subparagraph (A) of paragraph (1) of subdivision (c). A qualified building includes a mobilehome registered by the Department of Housing and Community Development. -(3) “Qualified costs” means the costs paid or incurred by the qualified taxpayer for any completed seismic retrofit construction on a qualified building, including any engineering or architectural design work necessary to permit or complete the seismic retrofit construction less the amount of any grant provided by a public entity for the seismic retrofit construction. “Qualified costs” do not include any of the following costs paid or incurred by the qualified taxpayer: -(A) Maintenance, including abatement of deferred or inadequate maintenance, and correction of violations unrelated to the seismic retrofit construction. -(B) Repair, including repair of earthquake damage. -(C) Seismic retrofit construction required by local building codes as a result of addition, repair, building relocation, change of use, or occupancy. -(D) Other work or improvement required by local building or planning codes as a result of the intended seismic retrofit construction. -(E) Rent reductions or other associated compensation, compliance actions, or other related coordination involving the qualified taxpayer and any other party, including a tenant, insurer, or lender. -(F) Replacement of existing building components, including equipment, except as needed to complete the seismic retrofit construction. -(G) Bracing or securing nonpermanent building contents. -(H) The offset of costs, reimbursements, or other costs transferred from the qualified taxpayers to others. -(I) Any amount paid by the qualified taxpayer to the jurisdiction with authority for building code enforcement for issuing the certifications required pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (c). -(4) “Qualified taxpayer” means a taxpayer that is an owner of a qualified building located in this state. A taxpayer that owns a proportional share of a qualified building in this state may claim the credit allowed by this section based on the taxpayer’s share of the qualified costs. -(5) (A) “Seismic retrofit construction” means alteration of a qualified building or its components to substantially mitigate seismic damage. Seismic retrofit construction shall be for work performed, and for which qualified costs were paid or incurred, on or after January 1, 2017. Seismic retrofit construction shall include, but not be limited to, the following: -(i) Anchoring the structure to the foundation. -(ii) Bracing cripple walls. -(iii) Bracing hot water heaters. -(iv) Installing automatic gas shutoff valves. -(v) Repairing or reinforcing the foundation to improve the integrity of the foundation against seismic damage. -(vi) Anchoring fuel storage. -(vii) Installing an earthquake resistant bracing system for mobilehomes that are registered with the Department of Housing and Community Development. -(B) Notwithstanding subparagraph (A), seismic retrofit construction does not include construction performed to bring a building into compliance with local building codes. -(c) To be eligible for the credit, the following shall apply: -(1) The qualified taxpayer shall do all of the following: -(A) Prior to the seismic retrofit construction, obtain certification from the appropriate jurisdiction with local building code enforcement authority that the building is an at-risk property. -(B) Obtain certification from the appropriate jurisdiction with authority for building code enforcement, upon a review of the building, that the completed construction satisfies the definition of seismic retrofit construction. The certification shall identify what part of the completed construction, if any, is not seismic retrofit construction, and specify a dollar amount of qualified costs. -(C) Request and be granted an allocation of the credit from the Franchise Tax Board. To request an allocation, the taxpayer shall sign and submit to the Franchise Tax Board an application to receive a credit for the seismic retrofit construction and provide a copy of the certification obtained pursuant to subparagraph (B). -(D) Retain for his or her records a copy of the certifications specified in subparagraphs (A) and (B). -(2) The jurisdiction with authority for building code enforcement in which a qualified building is located has entered into an agreement with the state to provide certifications pursuant to this section and to not seek reimbursement pursuant to Section 6 of Article XIII B of the California Constitution for any costs incurred in providing those certifications. -(d) (1) The credit amount allowed in subdivision (a) shall be claimed by a qualified taxpayer at the rate of one-fifth of the credit amount for the taxable year in which the credit is allocated, and one-fifth of the credit amount for each of the subsequent four taxable years. -(2) In the case where the credit allowed under this section exceeds the “net tax,” as defined in Section 17039, for a taxable year, the excess credit may be carried over to reduce the “net tax” in the following taxable year, and succeeding four taxable years, if necessary, until the credit has been exhausted. -(e) (1) The total amount of credit that may be allocated pursuant to this section and Section 23650 shall not exceed the sum of the following: -(A) Twelve million dollars ($12,000,000) for the 2017 calendar year and each calendar year thereafter. -(B) The amount of previously unallocated credits allowed under this section. -(2) Upon receipt of the application and certification described in subparagraph (C) of paragraph (1) of subdivision (c), the Franchise Tax Board shall notify the taxpayer of the amount, if any, of credit allowed and allocate the credit to a qualified taxpayer on a first-come-first-served basis. -(3) (A) The taxpayer shall claim the credit on a timely filed original return. -(B) The determination of the Franchise Tax Board with respect to the allocation of the credit, and whether a return has been timely filed for purposes of this subdivision may not be reviewed in any administrative or judicial proceeding. -(C) Any disallowance of a credit claimed due to a determination under this subdivision, including the application of the limitation specified in paragraph (1), shall be treated as a mathematical error appearing on the return. Any amount of tax resulting from that disallowance may be assessed by the Franchise Tax Board in the same manner as provided by Section 19051. -(f) This credit shall be in lieu of any other credit or deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to qualified costs. -(g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. -(h) This section shall remain in effect only until December 1, 2022, and as of that date is repealed. -SEC. 2. -Section 23650 is added to the Revenue and Taxation Code, to read: -23650. -(a) For taxable years beginning on or after January 1, 2017, and before January 1, 2022, there shall be allowed to a qualified taxpayer a credit against the “tax,” as defined in Section 23036, in an amount equal to 30 percent of the qualified taxpayer’s qualified costs. -(b) For purposes of this section: -(1) “At-risk property” means a building that is deemed hazardous and in danger of collapse in the event of a catastrophic earthquake, including, but not limited to, soft story buildings, nonductile concrete residential buildings, and pre-1994 concrete residential buildings. -(2) “Qualified building” means a building that has been certified as an at-risk property pursuant to subparagraph (A) of paragraph (1) of subdivision (c). A qualified building includes a mobilehome registered by the Department of Housing and Community Development. -(3) “Qualified costs” means the costs paid or incurred by the qualified taxpayer for any completed seismic retrofit construction on a qualified building, including any engineering or architectural design work necessary to permit or complete the seismic retrofit construction less the amount of any grant provided by a public entity for the seismic retrofit construction. “Qualified costs” do not include any of the following costs paid or incurred by the qualified taxpayer: -(A) Maintenance, including abatement of deferred or inadequate maintenance, and correction of violations unrelated to the seismic retrofit construction. -(B) Repair, including repair of earthquake damage. -(C) Seismic retrofit construction required by local building codes as a result of addition, repair, building relocation, change of use, or occupancy. -(D) Other work or improvement required by local building or planning codes as a result of the intended seismic retrofit construction. -(E) Rent reductions or other associated compensation, compliance actions, or other related coordination involving the qualified taxpayer and any other party, including a tenant, insurer, or lender. -(F) Replacement of existing building components, including equipment, except as needed to complete the seismic retrofit construction. -(G) Bracing or securing nonpermanent building contents. -(H) The offset of costs, reimbursements, or other costs transferred from the qualified taxpayers to others. -(I) Any amount paid by the qualified taxpayer to the jurisdiction with authority for building code enforcement for issuing the certifications required pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (c). -(4) “Qualified taxpayer” means a taxpayer that is an owner of a qualified building located in this state. A taxpayer that owns a proportional share of a qualified building in this state may claim the credit allowed by this section based on the taxpayer’s share of the qualified costs. -(5) (A) “Seismic retrofit construction” means alteration of a qualified building or its components to substantially mitigate seismic damage. Seismic retrofit construction shall be for work performed, and for which qualified costs were paid or incurred, on or after January 1, 2017. Seismic retrofit construction shall include, but not be limited to, the following: -(i) Anchoring the structure to the foundation. -(ii) Bracing cripple walls. -(iii) Bracing hot water heaters. -(iv) Installing automatic gas shutoff valves. -(v) Repairing or reinforcing the foundation to improve the integrity of the foundation against seismic damage. -(vi) Anchoring fuel storage. -(vii) Installing an earthquake resistant bracing system for mobilehomes that are registered with the Department of Housing and Community Development. -(B) Notwithstanding subparagraph (A), seismic retrofit construction does not include construction performed to bring a building into compliance with local building codes. -(c) To be eligible for the credit, the following shall apply: -(1) The qualified taxpayer shall do all of the following: -(A) Prior to the seismic retrofit construction, obtain certification from the appropriate jurisdiction with local building code enforcement authority that the building is an at-risk property. -(B) Obtain certification from the appropriate jurisdiction with authority for building code enforcement, upon a review of the building, that the completed construction satisfies the definition of seismic retrofit construction. The certification shall identify what part of the completed construction, if any, is not seismic retrofit construction and specify a dollar amount of qualified costs. -(C) Request and be granted an allocation of the credit from the Franchise Tax Board. To request an allocation, the taxpayer shall sign and submit to the Franchise Tax Board an application to receive a credit for the seismic retrofit construction and provide a copy of the certification obtained pursuant to subparagraph (B). -(D) Retain for his or her records a copy of the certifications specified in subparagraphs (A) and (B). -(2) The jurisdiction with authority for building code enforcement in which a qualified building is located has entered into an agreement with the state to provide certifications pursuant to this section and to not seek reimbursement pursuant to Section 6 of Article XIII B of the California Constitution for any costs incurred in providing those certifications. -(d) (1) The credit amount allowed in subdivision (a) shall be claimed by a qualified taxpayer at the rate of one-fifth of the credit amount for the taxable year in which the credit is allocated, and one-fifth of the credit amount for each of the subsequent four taxable years. -(2) In the case where the credit allowed under this section exceeds the “tax,” as defined in Section 23036, for a taxable year, the excess credit may be carried over to reduce the “tax” in the following taxable year, and succeeding four taxable years, if necessary, until the credit has been exhausted. -(e) (1) The total amount of credit that may be allocated pursuant to this section and Section 17053.50 shall not exceed the sum of the following: -(A) Twelve million dollars ($12,000,000) for the 2017 calendar year and each calendar year thereafter. -(B) The amount of previously unallocated credits allowed under this section. -(2) Upon receipt of the application and certification described in subparagraph (C) of paragraph (1) of subdivision (c), the Franchise Tax Board shall notify the taxpayer of the amount, if any, of credit allowed and allocate the credit to a qualified taxpayer on a first-come-first-served basis. -(3) (A) The taxpayer shall claim the credit on a timely filed original return. -(B) The determination of the Franchise Tax Board with respect to the allocation of the credit, and whether a return has been timely filed for purposes of this subdivision may not be reviewed in any administrative or judicial proceeding. -(C) Any disallowance of a credit claimed due to a determination under this subdivision, including the application of the limitation specified in paragraph (1), shall be treated as a mathematical error appearing on the return. Any amount of tax resulting from that disallowance may be assessed by the Franchise Tax Board in the same manner as provided by Section 19051. -(f) This credit shall be in lieu of any other credit or deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to qualified costs. -(g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. -(h) This section shall remain in effect only until December 1, 2022, and as of that date is repealed. -SEC. 3. -For the purposes of complying with Section 41 of the Revenue and Taxation Code, the Legislature finds and declares all of the following with respect to Sections 17053.50 and 23650 of the Revenue and Taxation Code: -(a) The specific goals, purposes, and objectives that the tax credits will achieve are as follows: -(1) Leveraging sixty million dollars ($60,000,000) in private investment. -(2) Creating thousands of engineering or construction jobs. -(3) Mitigating seismic damage to save lives. -(b) The detailed performance indicators for the Legislature to use when measuring whether the tax credits meet those specific goals, purposes, and objectives are as follows: -(1) The amount of private sector investment enabled by allocation of the tax credits. -(2) The number of engineering or construction jobs created as a result of this investment. -(3) The estimated number of lives saved by the seismic retrofitting of buildings facilitated by the tax credits. -(c) The data collection requirements to enable the Legislature to determine whether the tax credits are meeting, failing to meet, or exceeding those specific goals, purposes, and objectives are as follows: -(1) To assist the Legislature in measuring whether the tax credits meet the goals, purposes, and objectives specified in subdivision (a), the Legislative Analyst shall review the effectiveness of the tax credits and may request information from the Franchise Tax Board and any state governmental entity with authority relating to the seismic retrofit construction of at-risk properties. -(2) The Franchise Tax Board and any state governmental entity with authority relating to the seismic retrofit construction of at-risk properties shall provide to the Legislative Analyst any data requested by the Legislative Analyst pursuant to this subdivision. -SEC. 4. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. -This bill, for taxable years beginning on or after January 1, 2017, and before January 1, 2022, would allow a tax credit under both laws in an amount equal to 30% of the qualified costs paid or incurred by a qualified taxpayer for any seismic retrofit construction on a qualified building, as provided. The bill would require a taxpayer, in order to be eligible for the credit, to obtain 2 certifications from the appropriate jurisdiction with authority for building code enforcement of the area in which the building is located: one prior to seismic retrofit construction that certifies that the building is an at-risk property, and a second subsequent to construction that certifies that the completed construction is seismic retrofit construction, as defined, and specifies a dollar amount of qualified costs. The bill would further require the taxpayer to provide the second certification to and apply for allocation of the credit with the Franchise Tax Board, and would require the board to allocate credits on a first-come-first-served basis. The bill would provide that the credit would have an aggregate cap under both laws of $12,000,000 for each calendar year, as provided. -Existing law requires a bill that would authorize a new credit against the tax imposed by the Personal Income Tax Law or the Corporation Tax Law to contain specific goals, purposes, and objectives that the new credit will achieve and detailed performance indicators and data collection requirements for determining whether the new credit achieves these goals, purposes, and objectives. -This bill would make findings specifying the goals, purposes, and objectives of the above-described tax credits and detailing the performance indicators and data collection requirements for determining whether the credits meet these goals, purposes, and objectives. -This bill would take effect immediately as a tax levy.","An act to add and repeal Sections 17053.50 and 23650 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -510,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2356.5 of the Probate Code is amended to read: -2356.5. -(a) The Legislature hereby finds and declares: -(1) That people with dementia, as defined in the last published edition of the “Diagnostic and Statistical Manual of Mental Disorders,” should have a conservatorship to serve their unique and special needs. -(2) That, by adding powers to the probate conservatorship for people with dementia, their unique and special needs can be met. This will reduce costs to the conservatee and the family of the conservatee, reduce costly administration by state and county government, and safeguard the basic dignity and rights of the conservatee. -(3) That it is the intent of the Legislature to recognize that the administration of psychotropic medications has been, and can be, abused by caregivers and, therefore, granting powers to a conservator to authorize these medications for the treatment of dementia requires the protections specified in this section. -(b) Notwithstanding any other law, a conservator may authorize the placement of a conservatee in a secured perimeter residential care facility for the elderly operated pursuant to Section 1569.698 of the Health and Safety Code, and which has a care plan that meets the requirements of Section 87705 of Title 22 of the California Code of Regulations, upon a court’s finding, by clear and convincing evidence, of all of the following: -(1) The conservatee has dementia, as defined in the last published edition of the “Diagnostic and Statistical Manual of Mental Disorders.” -(2) The conservatee lacks the capacity to give informed consent to this placement and has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit significantly impairs the person’s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811. -(3) The conservatee needs or would benefit from a restricted and secure environment, as demonstrated by evidence presented by the physician or psychologist referred to in paragraph (3) of subdivision (f). -(4) The court finds that the proposed placement in a locked facility is the least restrictive placement appropriate to the needs of the conservatee. -(c) Notwithstanding any other law, a conservator of a person may authorize the administration of medications appropriate for the care and treatment of dementia, upon a court’s finding, by clear and convincing evidence, of all of the following: -(1) The conservatee has dementia, as defined in the last published edition of the “Diagnostic and Statistical Manual of Mental Disorders.” -(2) The conservatee lacks the capacity to give informed consent to the administration of medications appropriate to the care of dementia, and has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit or deficits significantly impairs the person’s ability to understand and appreciate the consequences of his or her actions pursuant to subdivision (b) of Section 811. -(3) The conservatee needs or would benefit from appropriate medication as demonstrated by evidence presented by the physician or psychologist referred to in paragraph (3) of subdivision (f). -(d) Pursuant to subdivision (b) of Section 2355, in the case of a person who is an adherent of a religion whose tenets and practices call for a reliance on prayer alone for healing, the treatment required by the conservator under subdivision (c) shall be by an accredited practitioner of that religion in lieu of the administration of medications. -(e) A conservatee who is to be placed in a facility pursuant to this section shall not be placed in a mental health rehabilitation center as described in Section 5675 of the Welfare and Institutions Code, or in an institution for mental disease as described in Section 5900 of the Welfare and Institutions Code. -(f) A petition for authority to act under this section is governed by Section 2357, except: -(1) The conservatee shall be represented by an attorney pursuant to Chapter 4 (commencing with Section 1470) of Part 1. Upon granting or denying authority to a conservator under this section, the court shall discharge the attorney or order the continuation of the legal representation, consistent with the standard set forth in subdivision (a) of Section 1470. -(2) The conservatee shall be produced at the hearing, unless excused pursuant to Section 1893. -(3) The petition shall be supported by a declaration of a licensed physician, or a licensed psychologist within the scope of his or her licensure, regarding each of the findings required to be made under this section for any power requested, except that the psychologist has at least two years of experience in diagnosing dementia. -(4) The petition may be filed by any of the persons designated in Section 1891. -(g) The court investigator shall annually investigate and report to the court every two years pursuant to Sections 1850 and 1851 if the conservator is authorized to act under this section. In addition to the other matters provided in Section 1851, the conservatee shall be specifically advised by the investigator that the conservatee has the right to object to the conservator’s powers granted under this section, and the report shall also include whether powers granted under this section are warranted. If the conservatee objects to the conservator’s powers granted under this section, or the investigator determines that some change in the powers granted under this section is warranted, the court shall provide a copy of the report to the attorney of record for the conservatee. If no attorney has been appointed for the conservatee, one shall be appointed pursuant to Chapter 4 (commencing with Section 1470) of Part 1. The attorney shall, within 30 days after receiving this report, do one of the following: -(1) File a petition with the court regarding the status of the conservatee. -(2) File a written report with the court stating that the attorney has met with the conservatee and determined that the petition would be inappropriate. -(h) A petition to terminate authority granted under this section shall be governed by Section 2359. -(i) Nothing in this section shall be construed to affect a conservatorship of the estate of a person who has dementia. -(j) Nothing in this section shall affect the laws that would otherwise apply in emergency situations. -(k) Nothing in this section shall affect current law regarding the power of a probate court to fix the residence of a conservatee or to authorize medical treatment for any conservatee who has not been determined to have dementia.","Existing law provides that, upon a court’s findings that a conservatee has dementia, as defined, and a functional impairment, a conservator may place the conservatee in a prescribed secured residential or nursing facility and authorize the administration of prescribed medications appropriate for the care and treatment of dementia. A petition for authority to act under these provisions requires, among other things, that the conservatee be represented by an attorney, as provided. -This bill would require the court, upon granting or denying that authority to a conservator, to either discharge the attorney or order continuation of the representation, as specified.","An act to amend Section 2356.5 of the Probate Code, relating to protective proceedings." -511,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature to further the purposes of the federal Stephen Beck Jr., Achieving a Better Life Experience Act to ensure that people with disabilities may save for the future to achieve greater independence. -SEC. 2. -This act shall be known, and may be cited, as the California Achieving a Better Life Experience Act. -SEC. 3. -Section 23711.4 is added to the Revenue and Taxation Code, to read: -23711.4. -For taxable years beginning on or after January 1, 2016, Section 529A of the Internal Revenue Code, relating to qualified ABLE programs, added by Section 102 of Division B of Public Law 113-295, shall apply, except as otherwise provided. -(a) Section 529A(a) of the Internal Revenue Code is modified as follows: -(1) By substituting the phrase “under Part 10 (commencing with Section 17001) and this part” in lieu of the phrase “under this subtitle.” -(2) By substituting “Article 2 (commencing with Section 23731)” in lieu of “Section 511.” -(b) Section 529A(c)(3)(A) of the Internal Revenue Code is modified by substituting “2.5 percent” in lieu of “10 percent.” -(c) A copy of the report required to be filed with the Secretary of the Treasury under Section 529A(d) of the Internal revenue Code, relating to reports shall be filed with the Franchise Tax Board at the same time and in the same manner as specified in that section. -SEC. 4. -Section 4877 is added to the Welfare and Institutions Code, to read: -4877. -(a) There is hereby created an instrumentality of the State of California to be known as the California ABLE Program Trust. -(b) The purposes, powers, and duties of the California ABLE Program Trust are vested in, and shall be exercised by, the board. -(c) The board, in the capacity of trustee, shall have the power and authority to do all of the following: -(1) Sue and be sued. -(2) Make and enter into contracts necessary for the administration of the ABLE program trust, and engage personnel, including consultants, actuaries, managers, counsel, and auditors, as necessary for the purpose of rendering professional, managerial, and technical assistance and advice. -(3) Adopt a corporate seal and change and amend it from time to time. -(4) Cause moneys in the program fund to be held and invested and reinvested. -(5) Accept any grants, gifts, appropriations, and other moneys from any unit of federal, state, or local government or any other person, firm, partnership, or corporation for deposit to the administrative fund or the program fund. -(6) Enter into agreements with designated beneficiaries or eligible individuals to establish and maintain an ABLE account. -(7) Make provisions for the payment of costs of administration and operation of the ABLE program trust. -(8) Carry out the duties and obligations of the ABLE program trust pursuant to this chapter and the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code and federal regulations issued pursuant to that code, and have any other powers as may be reasonably necessary for the effectuation of the purposes, objectives, and provisions of this chapter. -(9) Carry out studies and projections in order to advise designated beneficiaries or eligible individuals regarding present and estimated future qualified disability expenses and the levels of financial participation in the ABLE program trust required in order to assist designated beneficiaries or eligible individuals. -(10) Participate in any other way in any federal, state, or local governmental program for the benefit of the ABLE program trust. -(11) Promulgate, impose, and collect administrative fees and charges in connection with transactions of the ABLE program trust, and provide for reasonable service charges, including penalties for cancellations. -(12) Set minimum and maximum investment levels. -(13) Administer the funds of the ABLE program trust. -(14) Procure insurance against any loss in connection with the property, assets, or activities of the ABLE program trust. -(15) Procure insurance indemnifying any member of the board from personal loss or liability resulting from a member’s action or inaction as a member of the board. -(d) The Treasurer shall, on behalf of the board, appoint an executive director, who shall not be a member of the board and who shall serve at the pleasure of the board. The Treasurer shall determine the duties of the executive director and other staff as necessary and set his or her compensation. The board may authorize the executive director to enter into contracts on behalf of the board or conduct any business necessary for the efficient operation of the board. -SEC. 5. -Section 4878 is added to the Welfare and Institutions Code, to read: -4878. -(a) The board shall segregate moneys received by the ABLE program trust into two funds, which shall be identified as the program fund and the administrative fund. -(1) Notwithstanding Section 13340 of the Government Code, the program fund is hereby continuously appropriated, without regard to fiscal years, to the ABLE Act Board for the purposes specified in this act. -(2) The moneys in the administrative fund shall be available for the ABLE Act Board, upon appropriation, for administration of the act. Administrative costs shall not exceed 3 percent of the incoming funds for each fiscal year for the first five fiscal years following the opening of the first ABLE Act account. After the five-year period, administrative costs shall not exceed 1 percent of the incoming funds for each fiscal year. -(3) Funding for startup and administrative costs for the board shall be provided in the form of a loan from the General Fund sufficient to cover the board’s projected administrative costs for its first two years of implementing the program. Once the loan has been expended and revenues from the program are sufficient to cover the board’s ongoing costs, the board shall repay, within five years, the amount loaned, plus interest calculated at the rate earned by the Pooled Money Investment Account. -(b) Not later than 30 days after the close of each month, the investment manager shall place on file for public inspection during business hours a report with respect to investment performance. The investment manager shall report the following information, to the extent applicable, to the board within 30 days following the end of each month: -(1) The type of investment, name of the issuer, date of maturity, and the par and dollar amount invested in each security, investment, and money within the program fund. -(2) The weighted average maturity of the investments within the program fund. -(3) Any amounts in the program fund that are under the management of an investment manager. -(4) The market value as of the date of the report and the source of this valuation for any security within the program fund. -(5) A description of the compliance with the statement of investment policy. -(c) Moneys in the program fund may be invested or reinvested by the Treasurer or may be invested in whole or in part under contract with an investment manager, as determined by the board. -(d) The board shall annually prepare and adopt a written statement of investment policy. The board shall consider the statement of investment policy and any changes in the investment policy at a public hearing. The board shall approve the investment management entity or entities consistent with subdivision (c). -(e) Transfers may be made from the program fund to the administrative fund for the purpose of paying operating costs associated with administering the ABLE program trust and as required by this chapter. All costs of administration of the ABLE program trust shall be paid out of the administrative fund. -(f) All moneys paid by designated beneficiaries or eligible individuals in connection with ABLE accounts shall be deposited as received into the program fund, and shall be promptly invested and accounted for separately. Deposits and interest thereon accumulated on behalf of designated beneficiaries in the program fund of the ABLE program trust may be used for qualified disability expenses. -(g) The board shall maintain separate accounting for each designated beneficiary. -(h) Any designated beneficiary may, directly or indirectly, direct the investment of any contributions to his or her ABLE account, or any earnings thereon, no more than two times in any calendar year. -(i) The assets of the trust, including the program fund, shall at all times be preserved, invested, and expended solely and only for the purposes of the trust and shall be held in trust for the designated beneficiaries and no property rights therein shall exist in favor of the state. The assets shall not be transferred or used by the state for any purposes other than the purposes of the trust and consistent with the provisions of the federal ABLE Act. -SEC. 6. -Section 4880 is added to the Welfare and Institutions Code, to read: -4880. -Notwithstanding any other law, moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall not count toward determining eligibility for a state or local means-tested program. -SEC. 7. -Section 4882 is added to the Welfare and Institutions Code, to read: -4882. -(a) The board shall adopt regulations as it deems necessary to implement this chapter consistent with the federal Internal Revenue Code and regulations issued pursuant to that code to ensure that this program meets all criteria for federal tax-exempt benefits. -(b) The board may adopt regulations to implement this chapter as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. -SEC. 8. -Section 4884 is added to the Welfare and Institutions Code, to read: -4884. -The board shall market this program to residents of the State of California to the extent funds are available to do so. -SEC. 9. -This act shall become operative only if Senate Bill 324 of the 2015–16 Regular Session is enacted and takes effect on or before January 1, 2016.","The Personal Income Tax Law and the Corporation Tax Law, in specified conformity with federal income tax laws regarding qualified tuition programs, provide that distributions from a qualified tuition program are generally not included in the income of the donor or the beneficiary, as specified. -Existing federal law, the Stephen Beck Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), for taxable years beginning on or after January 1, 2015, encourages and assists individuals and families to save private funds for the purpose of supporting persons with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a beneficiary of a Qualified ABLE Program established and maintained by a state, as specified. -This bill would, for taxable years beginning on or after January 1, 2016, conform to these federal income tax law provisions relating to the ABLE Act under the Corporation Tax Law, as provided. The bill would also establish in state government the ABLE program trust for purposes of implementing the federal ABLE Act. The bill would authorize the ABLE Act Board to adopt regulations to implement the program. The bill would create the program fund, a continuously appropriated fund, thereby making an appropriation, and the administrative fund, as specified. The bill would require the board to administer the program in compliance with the requirements of the federal ABLE Act. -This bill would become operative only if SB 324 is enacted and takes effect on or before January 1, 2016.","An act to add Section 23711.4 to the Revenue and Taxation Code, and to add Sections 4877, 4878, 4880, 4882, and 4884 to the Welfare and Institutions Code, relating to taxation, and making an appropriation therefor." -512,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 21107.8 of the Vehicle Code is amended to read: -21107.8. -(a) (1) Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained offstreet parking facilities as described in the ordinance or resolution within the city or county that are generally held open for use of the public for purposes of vehicular parking. Upon enactment by a city or county of the ordinance or resolution, Sections 22350, 23103, and 23109 and the provisions of Division 16.5 (commencing with Section 38000) shall apply to privately owned and maintained offstreet parking facilities, except as provided in subdivision (b). -(2) (A) If a city or county enacts an ordinance or resolution authorized by paragraph (1), a city or county may include in that ordinance or resolution authorization for the operator of a privately owned and maintained offstreet parking facility to regulate unauthorized parking in that facility. -(B) (i) If a city or county has exercised its authority pursuant to subparagraph (A) and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, the owner or operator of that facility shall include in a parking fee invoice instructions that describe the manner in which to contest the parking fee invoice. -(ii) If a city or county has exercised its authority pursuant to subparagraph (A) and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, the owner or operator of that facility shall not file with, or transmit to, the Department of Motor Vehicles a parking fee invoice for the purpose of having the Department of Motor Vehicles attempt to collect unpaid parking fees by refusing to issue or renew a license pursuant to Section 12808.1 or refusing to renew the registration of a vehicle pursuant to Section 4760. -(b) (1) Notwithstanding subdivision (a), an ordinance or resolution enacted thereunder does not apply to any offstreet parking facility described in that subdivision unless the owner or operator has caused to be posted in a conspicuous place at each entrance to that offstreet parking facility a notice not less than 17 by 22 inches in size with lettering not less than one inch in height, to the effect that the offstreet parking facility is subject to public moving vehicle laws and violators may be subject to a parking invoice fee. -(2) If applicable, a parking receipt distributed to drivers shall include language explicitly stating that violators may be subject to a parking invoice fee. -(c) No ordinance or resolution shall be enacted under subdivision (a) without a public hearing thereon and 10 days prior written notice to the owner and operator of the privately owned and maintained offstreet parking facility involved. -(d) Section 22507.8 may be enforced without enactment of an ordinance or resolution as required under subdivision (a) or the posting of a notice at each entrance to the offstreet parking facility as required under paragraph (1) of subdivision (b). -(e) The department shall not be required to provide patrol or enforce any provisions of this code on any privately owned and maintained offstreet parking facility subject to the provisions of this code under this section except those provisions applicable to private property other than by action under this section. -(f) A city or county that authorizes private parking regulation pursuant to this section shall, in its ordinance or resolution, include provisions that include all of the following: -(1) Procedures of dispute resolution in accordance with those procedures set forth in Section 40215, which shall include all of the following: -(A) A written and publicly available dispute resolution policy that includes specified time periods for notifications, review, and appeal. -(B) An administrative hearing process that includes all of the following: -(i) Options for a hearing in person or by mail. -(ii) Administrative review. -(iii) A hearing by a third-party examiner who has been adequately trained and who provides an independent, objective, fair, and impartial review. -(iv) Personal delivery or delivery by first-class mail of an examiner’s decision. -(v) Authority for the examiner to allow payment of the parking charge in installments for persons showing evidence of inability to pay the parking charge in full. -(2) A prohibition against incentives based on the number of invoices issued or the number or percent of disputed invoices adjudicated that uphold parking charges. -(3) A cap on a parking invoice fee that is commensurate with the most nearly equivalent municipal parking fine. -(4) Measures to prevent a private parking regulator from representing itself as a government enforcement agency, including a prohibition against use of terminology in ordinances or resolutions, and in parking fee invoices, which are restricted to governmental law enforcement, and a requirement for a conspicuous statement on parking fee invoices to the effect that “This parking charge notice is not issued by the [local government].”","Existing law authorizes a city or county, by ordinance or resolution, to find and declare that there are privately owned and maintained offstreet parking facilities within the city or county that are generally held open for use of the public for purposes of vehicular parking and requires, upon enactment of the ordinance or resolution, that specified traffic laws apply, including those related to basic speed law, reckless driving, and speed contests and exhibitions of speed, except as specified. -This bill would authorize a city or county to include in that ordinance or resolution authorization for the operator of a privately owned and maintained offstreet parking facility to regulate unauthorized parking in that facility. The bill would, if a city or county has exercised that authority and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, require the owner or operator of the facility to post language, as specified, stating that violators may be subject to a parking invoice fee, and include in a parking fee invoice instructions that describe the manner in which to contest the parking fee invoice and prohibit the owner or operator from filing with, or transmitting to, the Department of Motor Vehicles a parking fee invoice, as specified. The bill would also require a city or county that authorizes private parking regulation to include, in its ordinance or resolution, specified provisions, including those related to dispute resolution.","An act to amend Section 21107.8 of the Vehicle Code, relating to vehicles." -513,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 7 (commencing with Section 44200) is added to Part 6 of Division 14 of the Water Code, to read: -CHAPTER 7. Semitropic Water Storage District -44200. -Unless the context otherwise requires, the following definitions govern the construction of this chapter: -(a) “Basin” means the Kern County Groundwater Basin, as defined in Bulletin 118. -(b) “District” means the Semitropic Water Storage District and its improvement districts. -(c) “Groundwater extraction facility” has the same meaning as defined in Section 10721. -(d) “Management area” means the portion of the basin within the boundaries of the district where the district has jurisdiction to implement specific management practices. -(e) “Project” means the “Tulare Lake Storage and Floodwater Protection Project” as described in the concept paper received by the California Water Commission on March 31, 2016, and any other groundwater storage or recharge project authorized by the district and for which the district completes environmental review on or before January 1, 2020. -44202. -This chapter applies only to the district. -44204. -(a) The district may collect groundwater extraction information and require the reporting of groundwater information within the management area and, in furtherance of that goal, may do the following: -(1) Require registration of groundwater extraction facilities within the management area. -(2) Require that the use of every groundwater extraction facility within the management area be measured by a water-measuring device satisfactory to the district. -(3) Require that all costs associated with the purchase and installation of the water-measuring device pursuant to paragraph (2) be borne by the owner or operator of each groundwater extraction facility. Water-measuring devices shall be installed by the district or, at the district’s option, by the owner or operator of the groundwater extraction facility. Water-measuring devices shall be calibrated on a reasonable schedule as may be determined by the district. -(4) Require that the owner or operator of a groundwater extraction facility within the management area file an annual statement with the district setting forth the total extraction in acre-feet of groundwater from the facility during the previous year. -(b) In addition to the measurement of groundwater extractions pursuant to subdivision (a), the district may use any other reasonable method to determine groundwater extraction. -(c) The district may exempt from this section a person who, for domestic purposes, extracts two acre-feet or less of groundwater per year. -44206. -(a) In addition to levying assessments or fixing tolls and charges pursuant to Part 9 (commencing with Section 46000) and in lieu of imposing assessments in whole or in part, the district may impose fees on the extraction of groundwater from the basin to fund the costs of the following: -(1) Design, administration, operation, and maintenance of a project, including a prudent reserve. -(2) Acquisition of lands or other properties, facilities, and services to implement a project. -(3) Other costs directly related to design, implementation, maintenance, and operation of a project. -(b) (1) If the owner or operator of a groundwater extraction facility fails to timely comply with the requirements for reporting groundwater extractions pursuant to Section 44204, the district may make a determination of the quantity of groundwater extracted following an investigation. The determined amount shall not exceed the maximum production capacity of the groundwater extraction facility. The district shall mail notice to the owner or operator of the district’s determination of the quantity of groundwater extracted. -(2) The groundwater charges based on the determination pursuant to paragraph (1), together with any interest and penalties, shall be payable immediately unless, within 20 days after the district’s mailing of notice to the owner or operator of the district’s determination, the owner or operator files with the district a written protest setting forth the grounds for protesting the amount of groundwater extraction or groundwater charges, interest, or penalties. -(3) If a protest is filed pursuant to paragraph (2), the district shall hold a hearing to determine the total amount of groundwater extracted and the groundwater charges, interest, and penalties. Notice of the hearing shall be mailed to each protestant at least 20 days before the date fixed for the hearing. -(c) Fees imposed pursuant to this section shall be adopted in accordance with subdivisions (a) and (b) of Section 6 of Article XIII D of the California Constitution. -(d) Fees imposed pursuant to this section may include fixed fees and fees charged on a volumetric basis, including, but not limited to, fees that increase based on the quantity of groundwater produced annually, the year in which the production of groundwater commenced from a groundwater extraction facility, and impacts to the basin. -(e) Fees imposed pursuant to this chapter shall be collected in the same manner as otherwise provided in Article 4 (commencing with Section 47180) of Chapter 7 of Part 9. -44208. -(a) This chapter shall not be construed as state approval, authorization, or funding of a project, including, but not limited to, funding available pursuant to the Water Quality, Supply, and Infrastructure Improvement Act of 2014. -(b) A project shall comply with all applicable state laws, including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code, Division 2 (commencing with Section 1000), and Part 2.74 (commencing with Section 10720) of Division 6. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Semitropic Water Storage District. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order for the Semitropic Water Storage District to pursue early implementation of storage and groundwater projects that are needed in order to help recover the Kern County Groundwater Basin, which is listed by the Department of Water Resources as a critically overdrafted basin, it is necessary that this act take effect immediately.","The California Water Storage District Law authorizes the formation of water storage districts, as prescribed, with specified powers. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. -This bill would authorize the Semitropic Water Storage District to collect groundwater extraction information and to require the reporting of groundwater information, as specified. This bill would authorize the district to impose fees on the extraction of groundwater from the basin, as prescribed. -This bill would make legislative findings and declarations as to the necessity of a special statute for the Semitropic Water Storage District. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Chapter 7 (commencing with Section 44200) to Part 6 of Division 14 of the Water Code, relating to groundwater, and declaring the urgency thereof, to take effect immediately." -514,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 5202 of the Water Code is amended to read: -5202. -(a) This section applies to a person who does either of the following: -(1) Extracts groundwater from a probationary basin 90 days or more after the board designates the basin as a probationary basin pursuant to Section 10735.2. -(2) Extracts groundwater on or after July 1, -2017, -2018, -in an area within a basin that is not within the management area of a groundwater sustainability agency and where the county does not assume responsibility to be the groundwater sustainability agency, as provided in subdivision (b) of Section 10724. -(b) Except as provided in subdivision (c), a person subject to this section shall file a report of groundwater extraction by December 15 of each year for extractions made in the preceding water year. -(c) Unless reporting is required pursuant to paragraph (2) of subdivision (c) of Section 10735.2, this section does not apply to any of the following: -(1) An extraction by a de minimis extractor. -(2) An extraction excluded from reporting pursuant to paragraph (1) of subdivision (c) of Section 10735.2. -(3) An extraction reported pursuant to Part 5 (commencing with Section 4999). -(4) An extraction that is included in annual reports filed with a court or the board by a watermaster appointed by a court or pursuant to statute to administer a final judgment determining rights to water. The reports shall identify the persons who have extracted water and give the general place of use and the quantity of water that has been extracted from each source. -(d) Except as provided in Section 5209, the report shall be filed with the board. -(e) The report may be filed by the person extracting water or on that person’s behalf by an agency that person designates and that maintains a record of the water extracted. -(f) Each report shall be accompanied by the fee imposed pursuant to Section 1529.5. -SEC. 2. -Section 10720.7 of the Water Code is amended to read: -10720.7. -(a) (1) By January 31, 2020, all basins designated as high- or medium-priority basins by the department that have been designated in Bulletin 118, as may be updated or revised on or before January 1, 2017, as basins that are subject to critical conditions of overdraft shall be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans pursuant to this part. -(2) By January 31, -2022, -2023, -all basins designated as high- or medium-priority basins by the department that are not subject to paragraph (1) shall be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans pursuant to this part. -(b) The Legislature encourages and authorizes basins designated as low- and very low priority basins by the department to be managed under groundwater sustainability plans pursuant to this part. Chapter 11 (commencing with Section 10735) does not apply to a basin designated as a low- or very low priority basin. -SEC. 3. -Section 10724 of the Water Code is amended to read: -10724. -(a) In the event that there is an area within a basin that is not within the management area of a groundwater sustainability agency, the county within which that unmanaged area lies will be presumed to be the groundwater sustainability agency for that area. -(b) A county described in subdivision (a) shall provide notification to the department pursuant to Section 10723.8 unless the county notifies the department that it will not be the groundwater sustainability agency for the area. Extractions of groundwater made on or after July 1, -2017, -2018, -in that area shall be subject to reporting in accordance with Part 5.2 (commencing with Section 5200) of Division 2 if the county does either of the following: -(1) Notifies the department that it will not be the groundwater sustainability agency for an area. -(2) Fails to provide notification to the department pursuant to Section 10723.8 for an area on or before June 30, -2017. -2018. -SEC. 4. -Section 10735.2 of the Water Code is amended to read: -10735.2. -(a) The board, after notice and a public hearing, may designate a basin as a probationary basin, if the board finds one or more of the following applies to the basin: -(1) After June 30, -2017, -2018, -none of the following have occurred: -(A) A local agency has elected to be a groundwater sustainability agency that intends to develop a groundwater sustainability plan for the entire basin. -(B) A collection of local agencies has formed a groundwater sustainability agency or prepared agreements to develop one or more groundwater sustainability plans that will collectively serve as a groundwater sustainability plan for the entire basin. -(C) A local agency has submitted an alternative that has been approved or is pending approval pursuant to Section 10733.6. If the department disapproves an alternative pursuant to Section 10733.6, the board shall not act under this paragraph until at least 180 days after the department disapproved the alternative. -(2) The basin is subject to paragraph (1) of subdivision (a) of Section 10720.7, and after January 31, 2020, none of the following have occurred: -(A) A groundwater sustainability agency has adopted a groundwater sustainability plan for the entire basin. -(B) A collection of local agencies has adopted groundwater sustainability plans that collectively serve as a groundwater sustainability plan for the entire basin. -(C) The department has approved an alternative pursuant to Section 10733.6. -(3) The basin is subject to paragraph (1) of subdivision (a) of Section 10720.7 and after January 31, 2020, the department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability program is not being implemented in a manner that will likely achieve the sustainability goal. -(4) The basin is subject to paragraph (2) of subdivision (a) of Section 10720.7, and after January 31, -2022, -2023, -none of the following have occurred: -(A) A groundwater sustainability agency has adopted a groundwater sustainability plan for the entire basin. -(B) A collection of local agencies has adopted groundwater sustainability plans that collectively serve as a groundwater sustainability plan for the entire basin. -(C) The department has approved an alternative pursuant to Section 10733.6. -(5) The basin is subject to paragraph (2) of subdivision (a) of Section 10720.7, and either of the following have occurred: -(A) After January 31, -2022, -2023, -both of the following have occurred: -(i) The department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability plan is not being implemented in a manner that will likely achieve the sustainability goal. -(ii) The board determines that the basin is in a condition of long-term overdraft. -(B) After January 31, -2025, -2026, -both of the following have occurred: -(i) The department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability plan is not being implemented in a manner that will likely achieve the sustainability goal. -(ii) The board determines that the basin is in a condition where groundwater extractions result in significant depletions of interconnected surface waters. -(b) In making the findings associated with paragraph (3) or (5) of subdivision (a), the department and board may rely on periodic assessments the department has prepared pursuant to Chapter 10 (commencing with Section 10733). The board may request that the department conduct additional assessments utilizing the regulations developed pursuant to Chapter 10 (commencing with Section 10733) and make determinations pursuant to this section. The board shall post on its Internet Web site and provide at least 30 days for the public to comment on any determinations provided by the department pursuant to this subdivision. -(c) (1)   The determination may exclude a class or category of extractions from the requirement for reporting pursuant to Part 5.2 (commencing with Section 5200) of Division 2 if those extractions are subject to a local plan or program that adequately manages groundwater within the portion of the basin to which that plan or program applies, or if those extractions are likely to have a minimal impact on basin withdrawals. -(2) The determination may require reporting of a class or category of extractions that would otherwise be exempt from reporting pursuant to paragraph (1) of subdivision (c) of Section 5202 if those extractions are likely to have a substantial impact on basin withdrawals or requiring reporting of those extractions is reasonably necessary to obtain information for purposes of this chapter. -(3) The determination may establish requirements for information required to be included in reports of groundwater extraction, for installation of measuring devices, or for use of a methodology, measuring device, or both, pursuant to Part 5.2 (commencing with Section 5200) of Division 2. -(4) The determination may modify the water year or reporting date for a report of groundwater extraction pursuant to Section 5202. -(d) If the board finds that litigation challenging the formation of a groundwater sustainability agency prevented its formation before July 1, -2017, -2018, -pursuant to paragraph (1) of subdivision (a) or prevented a groundwater sustainability program from being implemented in a manner likely to achieve the sustainability goal pursuant to paragraph (3), (4), or (5) of subdivision (a), the board shall not designate a basin as a probationary basin for a period of time equal to the delay caused by the litigation. -(e) The board shall exclude from probationary status any portion of a basin for which a groundwater sustainability agency demonstrates compliance with the sustainability goal.","Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. -This bill would require a high- or medium-priority basin that is not subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plan by January 31, 2023. -The act authorizes the state board to designate a high- or medium- priority basin that is not subject to critical conditions of overdraft as a probationary basin after January 31, 2025, if the determination is made that the plan is either inadequate or not being implemented in a manner that will likely achieve the sustainability goal and the basin is in a condition where groundwater extractions result in significant depletions of interconnected surface water. -This bill would change that date to January 31, 2026. -The act authorizes the state board to designate a basin as a probationary basin if after June 30, 2017, there is not a groundwater sustainability agency or coordinated groundwater sustainability agencies for an entire high- or medium- priority basin, and no local agency has submitted an alternative. -This bill would change that date to June 30, 2018.","An act to amend Sections 5202, 10720.7, 10724, and 10735.2 of the Water Code, relating to groundwater." -515,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 99200 of the Education Code, as amended by Section 2 of Chapter 632 of the Statutes of 2011, is amended to read: -99200. -(a) With funds appropriated therefor, and with the approval of the Concurrence Committee, the Regents of the University of California are requested to establish and maintain cooperative endeavors designed to accomplish the following: -(1) Develop and enhance teachers’ subject matter and content knowledge in the subject matter areas specified in Section 99201. -(2) Develop and enhance teachers’ instructional strategies to improve pupil learning and academic performance as measured against State Board of Education standards adopted pursuant to Sections 60605 and 60605.8 and, where applicable, to standards adopted pursuant to Section 60811 and any subsequently adopted standards. -(3) Provide teachers with instructional strategies for working with English learners. -(4) Provide teachers with instructional strategies for delivering career-oriented, integrated academic and technical content in a manner that is linked to high priority industry sectors identified in the California career technical education model curriculum standards as adopted by the State Board of Education. The Concurrence Committee, in consultation with the appropriate state entities, industry leaders, representatives of organized labor, educators, and other parties, shall determine the priority of industry sectors. -(5) Provide teachers with access to and opportunity to examine current research that is demonstrably linked to improved pupil learning and achievement as measured by performance levels on state tests administered pursuant to Section 60605, or any successor assessment system, or on English language development assessments developed, pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or any successor assessments, for English language learners. -(6) Maintain subject-specific professional communities that create and encourage ongoing opportunities for teacher collaboration, learning, and research. -(7) Develop and deploy as teacher leaders, teachers with demonstrated levels of expertise in the classroom and certifiable levels of content knowledge. -(8) Provide teachers with instructional strategies for ongoing collaboration on the delivery of career-oriented, integrated academic and technical content. -(9) Conduct a feasibility study to determine the appropriate grade level and subject area and potential cost for a pilot program to develop standards-aligned content and instructional software for use on portable electronic devices. -(b) The duties of the Concurrence Committee shall include, but need not be limited to, all of the following: -(1) Ensuring that the statewide and local subject matter projects comply with requirements of this chapter. -(2) Developing rules and regulations for the statewide subject matter projects. -(3) On or before January 1, 2016, providing a report on the subject matter projects to the Governor and to appropriate policy and fiscal committees of the Legislature. The report shall include, but need not be limited to, all of the following information, compiled for a four-year period: -(A) The number, and level of experience, of participants in each subject matter project. -(B) The total amount of funds expended, on an annual basis, for each subject matter project. -(C) An explanation of the type of professional development activities offered pursuant to each subject matter project, including the extent to which teachers were provided professional development focused on delivering career-oriented, integrated academic and technical content. -(D) A list of the name and location of each school affiliated with a subject matter project. -(c) Grants to establish local sites of statewide subject matter projects shall be available to institutions of higher education, county offices of education and school districts, or any combination thereof, with a subject matter proposal approved pursuant to this article. Once established, each subject matter project shall be administered by the University of California in cooperation with the Concurrence Committee. Local sites of statewide subject matter projects shall be distributed throughout the state so that elementary, secondary, and postsecondary school personnel located in rural, urban, and suburban areas may avail themselves of subject matter projects. -(d) The Concurrence Committee shall be composed of individuals who are affiliated with leadership, management, or instruction in education or education policy entities, including educational expertise on instructional strategies for English learners and academic language acquisition. They shall be selected as follows: -(1) One representative selected by the Regents of the University of California. -(2) One representative selected by the Board of Trustees of the California State University. -(3) One representative selected by the State Board of Education, who has significant experience with direct classroom instruction. -(4) One representative selected by the Governor. -(5) One representative selected by the Superintendent of Public Instruction. -(6) One representative selected by the Commission on Teacher Credentialing. -(7) One representative selected by the Curriculum Development and Supplemental Materials Commission. -(8) One representative of the California Community Colleges selected by the Board of Governors of the California Community Colleges. -(9) One representative of an independent postsecondary institution selected by the Association of Independent California Colleges and Universities. -(e) (1) The requirement for submitting a report pursuant to paragraph (3) of subdivision (b) is inoperative on January 1, 2018, pursuant to Section 10231.5 of the Government Code. -(2) A report to be submitted pursuant to paragraph (3) of subdivision (b) shall be in compliance with Section 9795 of the Government Code.","Existing provisions of the California Constitution provide that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes. Existing law requests the Regents of the University of California, with the approval of the Concurrence Committee, to establish and maintain cooperative endeavors designed to accomplish specified purposes. -This bill would add to these purposes conducting a feasibility study to determine the appropriate grade level and subject area and potential costs for a pilot program to develop standards-aligned content and instructional software for use on portable electronic devices.","An act to amend Section 99200 of the Education Code, relating to postsecondary education." -516,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 999.2 of the Military and Veterans Code is amended to read: -999.2. -(a) Notwithstanding any other -provision of -law, contracts awarded by any state agency, department, officer, or other state governmental entity, including school districts when they are expending state funds for construction, professional services (except those subject to Chapter 6 (commencing with Section 16850) of Part 3 of Division 4 of Title 2 of the Government Code), materials, supplies, equipment, alteration, repair, or improvement shall have statewide participation goals of not less than 3 percent for disabled veteran business enterprises. These goals apply to the overall dollar amount expended each year by the awarding department. -(b) For purposes of this -section: -section the following definitions apply: -(1) “Broker” or “agent” means any individual or entity, or any combination thereof, that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to an awarding department, unless one or more certified disabled veterans has 51 percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the contract. -(2) “Equipment” means any piece of equipment that is used or provided for rental to any state agency, department, officer, or other state governmental entity, including equipment for which operators are provided. -(3) “Equipment broker” means any broker or agent who rents equipment to an awarding department. -(c) A disabled veteran business enterprise that rents equipment to an awarding department shall be deemed to be an equipment broker unless one or more disabled veterans has 51-percent ownership of the quantity and the value of each piece of equipment. If the equipment is owned by one or more disabled veterans, each disabled veteran owner shall, prior to performance under any contract, submit to the awarding department a declaration signed by the disabled veteran owner stating that the owner is a disabled veteran and providing the name, address, telephone number, and tax identification number of the disabled veteran owner. Each disabled veteran owner shall submit his or her federal income tax returns to the administering agency pursuant to subdivision (g) as if he or she were a disabled veteran business enterprise. The disabled veteran business enterprise of a disabled veteran owner who fails to submit his or her tax returns will be deemed to be an equipment broker. -(d) A disabled veteran business enterprise that rents equipment to an awarding department shall, prior to performing the contract, submit to the awarding department a declaration signed by each disabled veteran owner and manager of the enterprise stating that the enterprise obtained the contract by representing that the enterprise was a disabled veteran business enterprise meeting and maintaining all of the requirements of a disabled veteran business enterprise. The declaration shall include the name, address, telephone number, and tax identification number of the owner of each piece of equipment identified in the contract. -(e) State funds expended for equipment rented from equipment brokers pursuant to contracts awarded under this section shall not be credited toward the 3-percent goal. -(f) A disabled veteran business enterprise that is a broker or agent and that obtains a contract pursuant to subdivision (a) shall, prior to performing the contract, disclose to the awarding department that the business is a broker or agent. The disclosure shall be made in a declaration signed and executed by each disabled veteran owner and manager of the enterprise, declaring that the enterprise is a broker or agent, and identifying the name, address, and telephone number of the principal for whom the enterprise is acting as a broker or agent. -(g) (1) A disabled veteran business enterprise, and each owner thereof, shall, at the time of certification, submit to the administering agency complete copies of the enterprise’s federal income tax returns for the three previous tax years. -(2) A disabled veteran business enterprise, and each owner thereof, shall submit to the administering agency complete copies of the enterprise’s federal income tax returns that have a postcertification due date, on or before the due date, including extensions. -(3) A disabled veteran business enterprise that, and each owner thereof who, has not submitted to the administering agency complete copies of the enterprise’s federal income tax returns for the three tax years preceding certification nor for each postcertification tax year for which a return was required to be filed, shall have 90 days to submit those returns. -(4) A disabled veteran business enterprise that fails to comply with any provision of this subdivision shall be prohibited from participating in any state contract until the disabled veteran business enterprise complies with the provisions of this subdivision. Funds expended involving a disabled veteran business enterprise during any period in which that enterprise is not in compliance with the provisions of this subdivision shall not be credited toward the awarding department’s 3-percent goal. -(h) A disabled veteran business enterprise that fails to maintain the certification requirements set forth in this article shall immediately notify the awarding department and the administering agency of that failure by filing a notice of failure that states with particularity each requirement the disabled veteran business enterprise has failed to maintain.","Existing law requires contracts awarded by any state agency, department, officer, or other state governmental entity, including school districts, as provided, to have statewide participation goals of not less than 3% for disabled veteran business enterprises, as defined. -This bill would make technical, nonsubstantive changes to that provision.","An act to amend Section 999.2 of the Military and Veterans Code, relating to veterans." -517,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12519 of the Health and Safety Code is amended to read: -12519. -“Model rocket” means a toy or educational device that weighs not more than 1500 grams, including the engine and any payload, that is propelled by a model rocket motor, and that conforms to the definition of “model rocket” in the 2013 edition of the “NFPA 1122: Code for Model Rocketry,” or a more recent edition as adopted by the State Fire Marshal. -SEC. 2. -Section 12520 of the Health and Safety Code is amended to read: -12520. -“Model rocket motor” means a rocket propulsion device using commercially manufactured solid propellant, that does not require mixing by the user, and that conforms to the definition of “model rocket motor” in the 2012 edition of the “NFPA 1125: Code for the Manufacture of Model Rocket and High Power Rocket Motors,” or a more recent edition as adopted by the State Fire Marshal. -SEC. 3. -Section 12565 of the Health and Safety Code is amended to read: -12565. -All fireworks or toy propellent devices containing pyrotechnic compositions examined by the State Fire Marshal and found by him or her to come within the definition of “model rocket” or “model rocket motor” in Section 12519 or 12520, respectively, shall be classified as model rocket motors. -SEC. 4. -Section 12602 of the Health and Safety Code is amended to read: -12602. -A license shall not be required for the retail sale, use, or discharge of agricultural and wildlife fireworks, model rocket motors, or emergency signaling devices. -SEC. 5. -Section 12632 of the Health and Safety Code is amended to read: -12632. -The original and annual renewal license fee to manufacture, import, export, or wholesale, or any combination thereof, model rocket motors shall be established and collected by the State Fire Marshal. -SEC. 6. -Section 12634 of the Health and Safety Code is amended to read: -12634. -When a license to manufacture, wholesale, or import and export fireworks has been issued pursuant to Section 12571, 12572, or 12573, respectively, a separate license for the same person to manufacture, wholesale, import, or export agricultural and wildlife fireworks or model rocket motors pursuant to Section 12631 or 12632 shall not be required where the license allows the activity with respect to other fireworks. -SEC. 7. -Section 12640 of the Health and Safety Code is amended to read: -12640. -In any case where this chapter requires that a permit be obtained from the State Fire Marshal, or in any case where the public agency having local jurisdiction requires pursuant to this chapter that a permit be obtained, a licensee shall possess a valid permit before performing any of the following: -(a) Manufacturing, importing, exporting, storing, possessing, or selling dangerous fireworks at wholesale. -(b) Manufacturing, importing, exporting, storing, selling at wholesale and retail safe and sane fireworks and transporting safe and sane fireworks, except that a transportation permit shall not be required for safe and sane fireworks possessed by retail licensees. -(c) Manufacturing, importing, exporting, possessing, storing, transporting, using, selling at wholesale and retail, those fireworks classified by the State Fire Marshal as agricultural and wildlife fireworks. -(d) Manufacturing, importing, exporting, possessing, storing, selling at wholesale and retail, model rocket motors. -(e) Discharging dangerous fireworks at any place, including a public display. -(f) Using special effects. -SEC. 8. -Section 12688 of the Health and Safety Code is amended to read: -12688. -It is unlawful for a person to advertise to sell or transfer any class of fireworks, including agricultural and wildlife fireworks or model rocket motors, unless he or she possesses a valid license or permit. -SEC. 9. -Section 12722 of the Health and Safety Code is amended to read: -12722. -The following fireworks may be seized pursuant to Section 12721: -(a) Those fireworks that are sold, offered for sale, possessed, stored, used, or transported within this state prior to having been examined, classified, and registered by the State Fire Marshal, except those specific items designated as samples pending examination, classification, and registration by the State Fire Marshal where the licensee provides documentary evidence that the action by the State Fire Marshal is pending. -(b) All imported fireworks possessed without benefit of the filing of notices as required by this part. -(c) Safe and sane fireworks stored in violation of the conditions required by the permit as provided in this part. -(d) Safe and sane fireworks sold or offered for sale at retail that do not bear the State Fire Marshal label of registration and firing instructions. -(e) Safe and sane fireworks sold or offered for sale at retail that are in unsealed packages or containers that do not bear the State Fire Marshal label of registration and firing instructions. -(f) Safe and sane fireworks sold or offered for sale at retail before 12 noon on the 28th day of June or after 12 noon on the sixth day of July of each year. -(g) Each safe and sane fireworks item sold or offered for sale at retail that does not have its fuse or other igniting device protected by a cap approved by the State Fire Marshal, or groups of fireworks with exposed fuses that are not enclosed in sealed packages that bear the State Fire Marshal label of registration. The State Fire Marshal shall approve the caps as he or she determines provide reasonable protection from unintentional ignition of the fireworks. -(h) Dangerous fireworks, including fireworks kits, used, possessed, stored, manufactured, or transported by a person who does not possess a valid permit authorizing an activity listed in this part. -(i) Fireworks stored or sold in a public garage or public oil station, or on any premises where gasoline or any other class 1 flammable liquids are stored or dispensed. -(j) Fireworks still possessed by a person who has just thrown any ignited fireworks at a person or group of persons. -(k) Model rocket motors or model rockets with motors possessed by a person who does not hold a valid permit. -(l) An emergency signaling device sold, offered for sale, or used that does not bear the State Fire Marshal label of registration as required by this part. -(m) Fireworks or pyrotechnic device offered for sale by a person violating this part.","Existing law authorizes the State Fire Marshal to issue and renew licenses for the manufacture, import, export, sale, and use of all fireworks and pyrotechnic devices. Existing law provides that a license shall not be required for the retail sale, use, or discharge of model rocket engines. Existing law requires the State Fire Marshal to classify all fireworks and pyrotechnic devices and prohibits the importation, sale, or offering for sale prior to the classification. Existing law requires all fireworks or toy propellant devices containing pyrotechnic compositions that the State Fire Marshal finds come within the definition of a “model rocket” or “model rocket engine” to be classified as model rocket engines. Existing law prohibits a person from launching a model rocket from a site without first securing authorization from the authority having jurisdiction. Existing law defines a model rocket as a toy or educational device that weighs not more than 500 grams, including the engine and any payload, that is propelled by a model rocket engine. Existing law defines a model rocket engine as a commercially manufactured, nonreusable rocket propulsion device that is constructed of nonmetallic casing and solid propellant, as provided. -This bill would add to the definition of “model rocket” a requirement that it conform to the definition of “model rocket” as used in the 2013 edition of the “NFPA 1122: Code for Model Rocketry,” or a more recent edition as adopted by the State Fire Marshal, and would increase the maximum weight of a model rocket to not more than 1500 grams. This bill would change all references in statute to model rocket engines to instead refer to model rocket motors. The bill would revise the definition of “model rocket motor” to mean a rocket propulsion device using commercially manufactured solid propellant that does not require mixing by the user and that conforms to the definition of “model rocket motor” as used in the 2012 edition of the “NFPA 1125: Code for the Manufacture of Model Rocket and High Power Rocket Motors,” or a more recent edition as adopted by the State Fire Marshal.","An act to amend Sections 12519, 12520, 12565, 12602, 12632, 12634, 12640, 12688, and 12722 of the Health and Safety Code, relating to explosives." -518,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the Pool Safety Act. -SEC. 2. -The Legislature finds and declares all of the following: -(a) Swimming pools provide children and their families with a wonderful opportunity for recreation, exercise, and fun. Keeping children safe during this activity is supported by parents and guardians, safety advocates, health providers, insurance companies, and the swimming pool industry. -(b) According to both the federal Centers for Disease Control and Prevention’s National Center for Injury Prevention and Control and the State Department of Public Health’s EpiCenter data, drowning is the leading cause of death for California children one to four years of age, inclusive. -(c) Additional children suffer near-drowning incidents and survive, but many of those children suffer irreversible brain injuries, which can lead to lifelong learning deficiencies that impact not only the affected child and his or her family, but also the resources and moneys available to California’s health care system, regional centers, and special education school programs. -(d) Close parental supervision of children with access to swimming pools is essential to providing pool safety for children. Barriers, such as those required pursuant to Section 115922 of the Health and Safety Code, can help to deter young children from gaining unsupervised access to pools. Swimming lessons are encouraged and can help children understand the importance of water safety. -(e) All water sports activities come with risk. Knowing the risks and having drowning prevention strategies in place before and during water sports activities reduce drowning incidents, and the installation of a residential pool barrier is a leading strategy to further California’s goal of dramatically reducing unintentional injury. -SEC. 3. -Section 7195 of the Business and Professions Code is amended to read: -7195. -For purposes of this chapter, the following definitions apply: -(a) (1) “Home inspection” is a noninvasive, physical examination, performed for a fee in connection with a transfer, as defined in subdivision (e), of real property, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units designed to identify material defects in those systems, structures, and components. “Home inspection” includes any consultation regarding the property that is represented to be a home inspection or any confusingly similar term. -(2) In connection with a transfer, as defined in subdivision (e), of real property with a swimming pool or spa, a “home inspection” shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with. -(3) “Home inspection,” if requested by the client, may include an inspection of energy efficiency. Energy efficiency items to be inspected may include the following: -(A) A noninvasive inspection of insulation R-values in attics, roofs, walls, floors, and ducts. -(B) The number of window glass panes and frame types. -(C) The heating and cooling equipment and water heating systems. -(D) The age and fuel type of major appliances. -(E) The exhaust and cooling fans. -(F) The type of thermostat and other systems. -(G) The general integrity and potential leakage areas of walls, window areas, doors, and duct systems. -(H) The solar control efficiency of existing windows. -(b) A “material defect” is a condition that significantly affects the value, desirability, habitability, or safety of the dwelling. Style or aesthetics shall not be considered in determining whether a system, structure, or component is defective. -(c) A “home inspection report” is a written report prepared for a fee and issued after a home inspection. The report clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons. In a dwelling with a pool or spa, the “home inspection report” shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features. -(d) A “home inspector” is any individual who performs a home inspection. -(e) “Transfer” is a transfer by sale, exchange, installment land sales contract, as defined in Section 2985 of the Civil Code, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property or residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units. -SEC. 4. -Section 115922 of the Health and Safety Code is amended to read: -115922. -(a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features: -(1) An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home. -(2) Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F 2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device. -(3) An approved safety pool cover, as defined in subdivision (d) of Section 115921. -(4) Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.” -(5) A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family home’s doors providing direct access to the swimming pool or spa. -(6) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F 2208 “Standards Specification for Pool Alarms,” which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature. -(7) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME). -(b) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this act and, if no violations are found, shall give final approval. -SEC. 5. -Section 115925 of the Health and Safety Code is amended to read: -115925. -The requirements of this article shall not apply to any of the following: -(a) Public swimming pools. -(b) Hot tubs or spas with locking safety covers that comply with the American Society for Testing Materials (ASTM F1346). -(c) An apartment complex, or any residential setting other than a single-family home. -SEC. 6. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Swimming Pool Safety Act, provides that it does not apply to any pool within the jurisdiction of any political subdivision that adopts an ordinance for swimming pools, as specified. The act further requires, when a building permit is issued for construction of a new swimming pool or spa, or the remodeling of an existing pool or spa, at a private, single-family home, that the pool or spa be equipped with at least 1 of 7 drowning prevention safety features. The act requires the local building code official to inspect and approve the drowning safety prevention devices before the issuance of a final approval for the completion of permitted construction or remodeling work. -This bill would instead require, when a building permit is issued, that the pool or spa be equipped with at least 2 of the 7 drowning prevention safety features. By imposing additional duties on local officials, this bill would impose a state-mandated local program. The bill would remove the exemption for the above-described political subdivisions. -Existing law defines terms related to paid home inspections, establishes a standard of care for home inspectors, and prohibits certain inspections in which the inspector or the inspector’s employer, as specified, has a financial interest. -This bill would require a home inspection for real property with a swimming pool or spa to include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the specified 7 drowning prevention safety features the pool or spa is equipped with. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 7195 of the Business and Professions Code, and to amend Sections 115922 and 115925 of the Health and Safety Code, relating to public health." -519,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10072 of the Welfare and Institutions Code is amended to read: -10072. -The electronic benefits transfer system required by this chapter shall be designed to do, but not be limited to, all of the following: -(a) To the extent permitted by federal law and the rules of the program providing the benefits, recipients who are required to receive their benefits using an electronic benefits transfer system shall be permitted to gain access to the benefits in any part of the state where electronic benefits transfers are accepted. All electronic benefits transfer systems in this state shall be designed to allow recipients to gain access to their benefits by using every other electronic benefits transfer system. -(b) To the maximum extent feasible, electronic benefits transfer systems shall be designed to be compatible with the electronic benefits transfer systems in other states. -(c) All reasonable measures shall be taken in order to ensure that recipients have access to electronically issued benefits through systems such as automated teller machines, point-of-sale devices, or other devices that accept electronic benefits transfer transactions. Benefits provided under Chapter 2 (commencing with Section 11200) of Part 3 shall be staggered over a period of three calendar days, unless a county requests a waiver from the department and the waiver is approved, or in cases of hardship pursuant to subdivision (p). -(d) The system shall provide for reasonable access to benefits to recipients who demonstrate an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier. These alternative methods shall conform to the requirements of the Americans with Disabilities Act (42 U.S.C. Sec. 12101, et seq.), including reasonable accommodations for recipients who, because of physical or mental disabilities, are unable to operate or otherwise make effective use of the electronic benefits transfer system. -(e) The system shall permit a recipient the option to choose a personal identification number, also known as a “PIN” number, to assist the recipient to remember his or her number in order to allow access to benefits. Whenever an institution, authorized representative, or other third party not part of the recipient household or assistance unit has been issued an electronic benefits transfer card, either in lieu of, or in addition to, the recipient, the third party shall have a separate card and personal identification number. At the option of the recipient, he or she may designate whether restrictions apply to the third party’s access to the recipient’s benefits. At the option of the recipient head of household or assistance unit, the county shall provide one electronic benefits transfer card to each adult member to enable them to access benefits. -(f) The system shall have a 24-hour per day toll-free telephone hotline for the reporting of lost or stolen cards that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to access, over the telephone, the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail. -(g) The system shall have an Internet Web site that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to view the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail. -(h) In addition to the ability to receive transaction history detail pursuant to subdivisions (f) and (g), a county human services agency shall make available to an authorized representative or head of household, at no additional cost to the authorized representative or head of household, all electronic benefit transaction history details that are available to the county human services agency within 10 business days after a request has been received by the agency. -(i) (1) A recipient shall not incur any loss of electronic benefits after reporting that his or her electronic benefits transfer card or personal identification number has been lost or stolen. The system shall provide for the prompt replacement of lost or stolen electronic benefits transfer cards and personal identification numbers. Electronic benefits for which the case was determined eligible and that were not withdrawn by transactions using an authorized personal identification number for the account shall also be promptly replaced. -(2) A recipient shall not incur any loss of cash benefits that are taken by an unauthorized withdrawal, removal, or use of benefits that does not occur by the use of a physical -EBT -electronic benefits transfer -card issued to the recipient or authorized third party to directly access the benefits. Benefits taken as described in this paragraph shall be promptly replaced in accordance with the protocol established by the department pursuant to paragraph (3). -(3) The State Department of Social Services shall establish a protocol for recipients to report electronic theft of cash benefits that minimizes the burden on recipients, ensures prompt replacement of benefits in order to minimize the harm to recipients, and ensures program integrity. This protocol may include the automatic replacement of benefits without the need for recipient reporting and verification. -(j) Electronic benefits transfer system consumers shall be informed -on -as to -how to use electronic benefits transfer cards, how to protect their cards from misuse, and where consumers can use their cards to withdraw benefits without incurring a fee, charge, or surcharge. -(k) The electronic benefits transfer system shall be designed to inform recipients when the electronic benefits transfer system does not function or is expected not to function for more than a one-hour period between 6 a.m. and midnight during any 24-hour period. This information shall be made available in the recipient’s preferred language if the electronic benefits transfer system vendor contract provides for services in that language. -(l) Procedures shall be developed for error resolution. -(m) No fee shall be charged by the state, a county, or an electronic benefits processor certified by the state to retailers participating in the electronic benefits transfer system. -(n) Except for CalFresh transactions, a recipient may be charged a fee, not to exceed the amount allowed by applicable state and federal law and customarily charged to other customers, for cash withdrawal transactions that exceed four per month. -(o) The electronic benefits transfer system shall be designed to ensure that recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 have access to using or withdrawing benefits with minimal fees or charges, including an opportunity to access benefits with no fee or charges. -(p) A county shall exempt an individual from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship. Hardship includes, but is not limited to, the incurrence of late charges on an individual’s housing payments. -(q) A county shall use information provided by the department to inform recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 of all of the following: -(1) The methods of electronic delivery of benefits available, including distribution of benefits through the electronic benefits transfer system or direct deposit pursuant to Section 11006.2. -(2) Applicable fees and charges, including surcharges, consumer and privacy protections, and liability for theft associated with the electronic benefits transfer system. -(3) How to avoid fees and charges, including opting for delivery of benefits by direct deposit and using the electronic benefits transfer card solely at surcharge free locations. -(4) Where to withdraw benefits without a surcharge when using the electronic benefits transfer system. -(5) That a recipient may authorize any available method of electronic delivery of benefits and instructions regarding how the recipient may select or change his or her preferred method of electronic delivery of benefits and that the recipient shall be given the opportunity to select the method prior to the first payment. -(6) That a recipient may be entitled to an alternative method of delivery if the recipient demonstrates an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier pursuant to subdivision (d) and instructions regarding how to determine whether the recipient qualifies for an alternative method of delivery. -(7) That a recipient may be entitled to an exemption from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship pursuant to subdivision (o) and instructions regarding how to determine whether the recipient qualifies for the exemption. -(r) A county is in compliance with subdivision (q) if it provides the recipient a copy of the information developed by the department. A county may provide a recipient information, in addition to the copy of the information developed by the department, pursuant to subdivision (q), either verbally or in writing, if the county determines the additional information will benefit the recipient’s understanding of the information provided.","Existing law, administered by the State Department of Social Services, provides for the establishment of a statewide electronic benefits transfer (EBT) system for the purpose of providing financial and food assistance benefits. Existing law authorizes a county to deliver CalFresh benefits and, upon election by the county, CalWORKs benefits through the use of an EBT system. Existing law requires, among other things, that a recipient not incur any loss of cash benefits that are taken by an unauthorized withdrawal, removal, or use of benefits that does not occur by the use of a physical EBT card issued to the recipient or authorized 3rd party to directly access the benefits. -This bill would make technical, nonsubstantive changes to those provisions.","An act to amend Section 10072 of the Welfare and Institutions Code, relating to public social services." -520,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12201.02 is added to the Welfare and Institutions Code, to read: -12201.02. -Notwithstanding any other law, for the 2015–16 fiscal year, and annually thereafter, the state maximum SSP grant for individuals shall be readjusted and increased so that the state SSP payment and federal SSI payment, when combined, shall equal 112 percent of the federal poverty level. -SECTION 1. -Section 1432 of the -Health and Safety Code -is amended to read: -1432. -(a) (1)A licensee shall not discriminate or retaliate in any manner against a complainant, patient, employee, member of the medical staff, or any other health care worker of the long-term health care facility, on the basis or for the reason that the person has done either of the following: -(A)Presented a grievance, complaint, or report to the facility, to an entity or agency responsible for accrediting or evaluating the facility or the medical staff of the facility, or to any other governmental entity. -(B)Initiated, participated, or cooperated in an investigation or administrative proceeding related to the quality of care, services, or conditions at the facility that is carried out by an entity or agency responsible for accrediting or evaluating the facility or its medical staff, or any other governmental entity. -(2)An entity that owns or operates a long-term health care facility shall not discriminate or retaliate against a person because that person has taken an action described in this subdivision. -(3)A violation of this section is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000). The civil penalty shall be assessed and recovered through the same administrative process set forth in Chapter 2.4 (commencing with Section 1417). -(b) An attempt to expel a patient from a long-term health care facility, or any type of discriminatory treatment of a patient by whom, or upon whose behalf, a grievance or complaint has been submitted, directly or indirectly, to a governmental entity or received by a long-term health care facility administrator or any proceeding instituted under or related to this chapter within 180 days of the filing of the complaint or the institution of the action, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation for the filing of the complaint. -(c) (1)An attempt to terminate the employment, or other discriminatory treatment, of an employee, complainant, patient, member of the medical staff, or any other health care worker who has presented a grievance or complaint or has initiated, participated, or cooperated in an investigation or proceeding of a governmental entity as specified in subdivision (a), where the facility or licensee had knowledge of the employee, complainant, patient, member of the medical staff, or any other health care worker’s initiation, participation, or cooperation, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation if it occurs within 120 days of the filing of the grievance or complaint, or the institution of the action. -(2)For purposes of this section, discriminatory treatment of an employee, member of the medical staff, or any other health care worker includes, but is not limited to, discharge, demotion, suspension, or an unfavorable change in, or breach of, the terms or conditions of a contract, employment, or privileges of the employee, member of the medical staff, or any other health care worker of the health care facility, or the threat of any of these actions. -(d) Presumptions provided for in subdivisions (b) and (c) are presumptions affecting the burden of producing evidence as provided in Section 603 of the Evidence Code. -(e) If the civil penalty assessed is one thousand dollars ($1,000) or less, the violation shall be issued and enforced in the same manner as a class “B” violation, except in no case shall the penalty be trebled. If the civil penalty assessed is in excess of one thousand dollars ($1,000), the violation shall be issued and enforced in the same manner as a class “A” violation, except in no case shall the penalty be trebled. -(f) A person who willfully violates this section is guilty of an infraction punishable by a fine of not more than twenty thousand dollars ($20,000). -(g) A licensee who violates this section is subject to a civil penalty or a criminal fine, but not both. -(h) A long-term health care facility shall prominently post in a facility location accessible to staff, patients, and visitors written notice of the right to request an inspection pursuant to Section 1419, the procedure for doing so, including the right to remain anonymous, and the prohibition against retaliation. -(i)(1)An employee who has been discriminated against in employment pursuant to this section is entitled to reinstatement, reimbursement for lost wages and work benefits caused by the acts of the employer, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law. -(2)A health care worker who has been discriminated against pursuant to this section is entitled to reinstatement, reimbursement for lost income, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law. -(3)A member of the medical staff who has been discriminated against pursuant to this section is entitled to reinstatement, reimbursement for lost income resulting from a change in the terms or conditions of his or her privileges caused by the acts of the facility or the entity that owns or operates the facility or any other health facility that is owned or operated by that entity, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law. -(4)For purposes of this subdivision, “legal costs” means attorney’s fees, litigation costs, and expert witness fees incurred in the litigation. -(j)For purposes of this section, “long-term health care facility” means a facility defined under Section 1418, including, but not limited to, the facility’s administrative personnel, employees, boards, and committees of the board, and medical staff. -(k)For purposes of this section, “complainant” means a person who has filed a complaint, as defined in Section 1420. -(l)This section does not abrogate or limit any other theory of liability or remedy otherwise available at law. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides for the State Supplementary Program for the Aged, Blind and Disabled (SSP), which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income (SSI) payments made available pursuant to the federal Social Security Act. -Under existing law, benefit payments under the SSP are calculated by establishing the maximum level of nonexempt income and federal SSI and state SSP benefits for each category of eligible recipient. The state SSP payment is the amount, when added to the nonexempt income and SSI benefits available to the recipient, which would be required to provide the maximum benefit payment. -This bill, for the 2015–16 fiscal year, and annually thereafter, would require the state maximum SSP grant for individuals to be readjusted and increased so that the state SSP payment and federal SSI payment, when combined, equal 112% of the federal poverty level. By increasing the amount of SSP payments, which are expended from a continuously appropriated fund, the bill would make an appropriation. -Existing law prohibits a licensee of a long-term health care facility from discriminating or retaliating in any manner against a complainant, or a patient or employee in its facility, based on the presentation of a grievance or complaint or activities related to a specified investigation or proceeding at the facility. Existing law makes the willful violation of these provisions punishable as a crime. -This bill would expand the antiretaliation protections to apply to all health care workers of a long-term health care facility. The bill would increase the civil penalties and criminal penalties that apply to licensees who violate the provisions. The bill would also specify that a complainant who has been discriminated against may recover attorney’s fees and other legal costs. -Because this bill would expand the scope of a crime, it would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1432 of the Health and Safety Code, relating to health facilities. -An act to add Section 12201.02 to the Welfare and Institutions Code, relating to public social services, and making an appropriation therefor -." -521,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 218 of the Revenue and Taxation Code is amended to read: -218. -(a) The homeowners’ property tax exemption is in the amount of the assessed value of the dwelling specified in this section, as authorized pursuant to subdivision (k) of Section 3 of Article XIII of the Constitution. That exemption is in the following amounts: -(1) Seven thousand dollars ($7,000) of the full value of the dwelling through the 2015–16 fiscal year. -(2) (A) Beginning with the lien date for the 2016–17 fiscal year, twenty-five thousand dollars ($25,000) of the full value of the dwelling. -(B) Beginning with the lien date for the 2017–18 fiscal year and for each fiscal year thereafter, the assessor shall adjust the exemption amount of the prior fiscal year by the percentage change, rounded to the nearest one-thousandth of 1 percent, in the House Price Index for California for the first three quarters of the prior calendar year, as determined by the federal Housing Finance Agency. -(b) (1) The exemption does not extend to property that is rented, vacant, under construction on the lien date, or that is a vacation or secondary home of the owner or owners, nor does it apply to property on which an owner receives the veteran’s exemption. -(2) Notwithstanding paragraph (1), if a person receiving the exemption is not occupying the dwelling on the lien date because the dwelling was damaged in a misfortune or calamity, the person shall be deemed to occupy that same dwelling as his or her principal place of residence on the lien date, provided the person’s absence from the dwelling is temporary and the person intends to return to the dwelling when possible to do so. Except as provided in paragraph (3), when a dwelling has been totally destroyed, and thus no dwelling exists on the lien date, the exemption provided by this section shall not be applicable until the structure has been replaced and is occupied as a dwelling. -(3) A dwelling that was totally destroyed in a disaster for which the Governor proclaimed a state of emergency, that qualified for the exemption provided by this section prior to the commencement date of the disaster and that has not changed ownership since the commencement date of the disaster, shall be deemed occupied by the person receiving the exemption on the lien date provided the person intends to reconstruct a dwelling on the property and occupy the dwelling as his or her principal place of residence when it is possible to do so. -(c) For purposes of this section, all of the following apply: -(1) “Owner” includes a person purchasing the dwelling under a contract of sale or who holds shares or membership in a cooperative housing corporation, which holding is a requisite to the exclusive right of occupancy of a dwelling. -(2) (A) “Dwelling” means a building, structure, or other shelter constituting a place of abode, whether real property or personal property, and any land on which it may be situated. A two-dwelling unit shall be considered as two separate single-family dwellings. -(B) “Dwelling” includes the following: -(i) A single-family dwelling occupied by an owner thereof as his or her principal place of residence on the lien date. -(ii) A multiple-dwelling unit occupied by an owner thereof on the lien date as his or her principal place of residence. -(iii) A condominium occupied by an owner thereof as his or her principal place of residence on the lien date. -(iv) Premises occupied by the owner of shares or a membership interest in a cooperative housing corporation, as defined in subdivision (i) of Section 61, as his or her principal place of residence on the lien date. Each exemption allowed pursuant to this subdivision shall be deducted from the total assessed valuation of the cooperative housing corporation. The exemption shall be taken into account in apportioning property taxes among owners of share or membership interests in the cooperative housing corporations so as to benefit those owners who qualify for the exemption. -(d) The exemption provided for in subdivision (k) of Section 3 of Article XIII of the California Constitution shall first be applied to the building, structure, or other shelter and the excess, if any, shall be applied to any land on which it may be located. -SEC. 2. -Section 17053.5 of the Revenue and Taxation Code is amended to read: -17053.5. -(a) (1) For a qualified renter, there shall be allowed a credit against his or her “net tax,” as defined in Section 17039. The amount of the credit shall be as follows: -(A) (i) For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred twenty dollars ($120) if adjusted gross income is fifty thousand dollars ($50,000) or less. -(ii) For taxable years beginning on or after January 1, 2016, the credit shall be equal to four hundred twenty-eight dollars ($428) for taxpayers described in clause (i). For taxable years beginning on or after January 1, 2017, the Franchise Tax Board shall adjust the amount of the credit as provided by subdivision (j). -(B) (i) For other individuals, the credit shall be equal to sixty dollars ($60) if adjusted gross income is twenty-five thousand dollars ($25,000) or less. -(ii) For taxable years beginning on or after January 1, 2016, the credit shall be equal to two hundred fourteen dollars ($214) for taxpayers described in clause (i). For taxable years beginning on or after January 1, 2017, the Franchise Tax Board shall adjust the amount of the credit as provided by subdivision (j). -(2) Except as provided in subdivision (b), a husband and wife shall receive but one credit under this section. If the husband and wife file separate returns, the credit may be taken by either or equally divided between them, except as follows: -(A) If one spouse was a resident for the entire taxable year and the other spouse was a nonresident for part or all of the taxable year, the resident spouse shall be allowed one-half the credit allowed to married persons and the nonresident spouse shall be permitted one-half the credit allowed to married persons, prorated as provided in subdivision (e). -(B) If both spouses were nonresidents for part of the taxable year, the credit allowed to married persons shall be divided equally between them subject to the proration provided in subdivision (e). -(b) For a husband and wife, if each spouse maintained a separate place of residence and resided in this state during the entire taxable year, each spouse will be allowed one-half the full credit allowed to married persons provided in subdivision (a). -(c) For purposes of this section, a “qualified renter” means an individual who satisfies both of the following: -(1) Was a resident of this state, as defined in Section 17014. -(2) Rented and occupied premises in this state which constituted his or her principal place of residence during at least 50 percent of the taxable year. -(d) “Qualified renter” does not include any of the following: -(1) An individual who for more than 50 percent of the taxable year rented and occupied premises that were exempt from property taxes, except that an individual, otherwise qualified, is deemed a qualified renter if he or she or his or her landlord pays possessory interest taxes, or the owner of those premises makes payments in lieu of property taxes that are substantially equivalent to property taxes paid on properties of comparable market value. -(2) An individual whose principal place of residence for more than 50 percent of the taxable year is with any other person who claimed that individual as a dependent for income tax purposes. -(3) An individual who has been granted or whose spouse has been granted the homeowners’ property tax exemption during the taxable year. This paragraph does not apply to an individual whose spouse has been granted the homeowners’ property tax exemption if each spouse maintained a separate residence for the entire taxable year. -(e) An otherwise qualified renter who is a nonresident for any portion of the taxable year shall claim the credits set forth in subdivision (a) at the rate of one-twelfth of those credits for each full month that individual resided within this state during the taxable year. -(f) A person claiming the credit provided in this section shall, as part of that claim, and under penalty of perjury, furnish that information as the Franchise Tax Board prescribes on a form supplied by the board. -(g) The credit provided in this section shall be claimed on returns in the form as the Franchise Tax Board may from time to time prescribe. -(h) For purposes of this section, “premises” means a house or a dwelling unit used to provide living accommodations in a building or structure and the land incidental thereto, but does not include land only, unless the dwelling unit is a mobilehome. The credit is not allowed for any taxable year for the rental of land upon which a mobilehome is located if the mobilehome has been granted a homeowners’ exemption under Section 218 in that year. -(i) This section shall become operative on January 1, 1998, and applies to any taxable year beginning on or after January 1, 1998. -(j) For each taxable year beginning on or after January 1, 1999, the Franchise Tax Board shall recompute the adjusted gross income amounts set forth in subdivision (a). For each taxable year beginning on or after January 1, 2017, the Franchise Tax Board shall also recompute the amount of the credit set forth in subdivision (a). These computations shall be made as follows: -(1) The Department of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index for all items from June of the prior calendar year to June of the current year, no later than August 1 of the current calendar year. -(2) The Franchise Tax Board shall compute an inflation adjustment factor by adding 100 percent to that portion of the percentage change figure furnished pursuant to paragraph (1) and dividing the result by 100. -(3) The Franchise Tax Board shall multiply the amounts in paragraph (1) of subdivision (a) for the preceding taxable year by the inflation adjustment factor determined in paragraph (2), and round off the resulting products to the nearest one dollar ($1). -(4) In computing the amounts pursuant to this subdivision, the amounts provided in subparagraph (A) of paragraph (1) of subdivision (a) shall be twice the amount provided in subparagraph (B) of paragraph (1) of subdivision (a). -SEC. 3. -Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 4. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","Existing property tax law provides, pursuant to the authority of a specified provision of the California Constitution, for a homeowners’ exemption in the amount of $7,000 of the full value of a “dwelling,” as defined, and authorizes the Legislature to increase this exemption. -This bill, beginning with the lien date for the 2016–17 fiscal year, would increase the homeowners’ exemption from $7,000 to $25,000 of the full value of a dwelling. This bill would also require, for the 2017–18 fiscal year and for each fiscal year thereafter, the county assessor to adjust the amount of the homeowners’ exemption by the percentage change in the House Price Index for California for the first 3 quarters of the prior calendar year, as specified. -The California Constitution requires the Legislature, whenever it increases the homeowners’ property tax exemption, to provide a comparable increase in benefits to qualified renters. The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for married couples filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000 or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000 or less. Existing law requires the Franchise Tax Board to annually adjust for inflation these adjusted gross income amounts. -This bill would, for taxable years beginning on and after January 1, 2016, increase this credit for a qualified renter to $428 for married couples filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000 or less, as adjusted for inflation, and to an amount equal to $214 for other individuals if adjusted gross income is $25,000 or less, as adjusted for inflation. The bill would also require, for taxable years beginning on or after January 1, 2017, the Franchise Tax Board to annually adjust for inflation, based upon the California Consumer Price Index, the amount of these credits. The bill would also make technical, nonsubstantive changes to the renters’ credit. -Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. -The California Constitution requires the Legislature, in each fiscal year, to reimburse local governments for the revenue losses incurred by those governments in that fiscal year as a result of the homeowners’ property tax exemption. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -This bill would take effect immediately as a tax levy.","An act to amend Sections 218 and 17053.5 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -522,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 23 (commencing with Section 18901) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: -Article 23. Prevention of Animal Homelessness and Cruelty Fund -18901. -(a) An individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Prevention of Animal Homelessness and Cruelty Fund established by Section 18901.1. That designation is to be used as a voluntary contribution on the tax return. -(b) The contributions shall be in full dollar amounts and may be made individually by each signatory on a joint return. -(c) A designation under subdivision (a) shall be made for a taxable year on the original return for that taxable year and once made is irrevocable. If payments and credits reported on the return, together with any other credits associated with the taxpayer’s account, do not exceed the taxpayer’s liability, the return shall be treated as though no designation has been made. -(d) When another voluntary contribution designation is removed from the tax return, or as soon as space is available, whichever occurs first, the Franchise Tax Board shall revise the form of the return to include a space labeled the “Prevention of Animal Homelessness and Cruelty Fund” to allow for the designation permitted. The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to fund all of the following: -(1) Programs designed to prevent and eliminate cat and dog homelessness. -(2) Prevention, investigation, and prosecution of animal cruelty and neglect. -(e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a). -18901.1. -There is hereby established in the State Treasury the Prevention of Animal Homelessness and Cruelty Fund to receive contributions made pursuant to Section 18901. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18901 to be transferred to the Prevention of Animal Homelessness and Cruelty Fund. The Controller shall transfer from the Personal Income Tax Fund to the Prevention of Animal Homelessness and Cruelty Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18901 for payment into that fund. -18901.2. -(a) All money transferred to the Prevention of Animal Homelessness and Cruelty Fund, upon appropriation by the Legislature, shall be allocated as follows: -(1) To the Franchise Tax Board and the Controller for reimbursement of all costs incurred by the Franchise Tax Board and the Controller in connection with their duties under this article. -(2) To the Department of Food and Agriculture for allocation as follows: -(A) Up to 5 percent of the funds allocated to the department shall be used by the department for the development of a mechanism to provide ongoing public awareness through activities that will promote the charitable tax deduction for the fund and seek continued contributions. These activities may include convening a philanthropic roundtable, developing literature for use by the city, county, or city and county animal control agency or shelter that is current on its reporting requirements to the State Department of Public Health, Veterinary Public Health Section, a society for the prevention of cruelty to animals affiliate, or a humane society affiliate for dissemination, and whatever other activities are deemed necessary and appropriate to promote the fund. -(B) Up to two hundred fifty thousand dollars ($250,000) shall be distributed to, and used by, a city, county, or city and county animal control agency or shelter that is current on its reporting requirements to the State Department of Public Health, Veterinary Public Health Section for the sole purpose of supporting spay and neuter activities by that entity to prevent and eliminate cat and dog homelessness. -(C) The remaining moneys, if any, shall be used by programs designed to prevent and eliminate cat and dog homelessness or programs for the prevention, investigation, and prosecution of animal cruelty and neglect. The grants are to be distributed to a city, county, or city and county animal control agency or shelter that is current on its reporting requirements to the State Department of Public Health, Veterinary Public Health Section, a society for the prevention of cruelty to animals affiliate, or a humane society affiliate. A society for the prevention of cruelty to animals affiliate or a humane society affiliate shall be a California corporation, duly incorporated in the state of California, in active status, as described on the business search page of the Secretary of State’s Internet Web site, and exempt from federal income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code. -(b) The Department of Food and Agriculture shall award grants through a competitive, project-specific grant process and shall be responsible for overseeing that grant program. A grantee shall not use a grant award for administrative expenses or for any purposes outside of California. -(c) The Department of Food and Agriculture may consult with the State Department of Public Health to develop the grant process and the oversight of the grant program. -(d) No Prevention of Animal Homelessness and Cruelty Fund money shall be used to supplant state General Fund money for any purpose. -18901.3. -(a) Except as otherwise provided in subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the Prevention of Animal Homelessness and Cruelty Fund on the tax return, or January 1, 2022, whichever occurs first, and is repealed as of December 1 of that year. -(b) (1) By September 1 of the second calendar year and by September 1 of each subsequent calendar year that the Prevention of Animal Homelessness and Cruelty Fund appears on the tax return, the Franchise Tax Board shall do all of the following: -(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. -(B) Provide written notification to the Department of Food and Agriculture of the amount determined in subparagraph (A). -(C) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. -(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. -(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the Prevention of Animal Homelessness and Cruelty Fund on the personal income tax return or the adjusted minimum contribution amount adjusted pursuant to subdivision (c). -(c) For each calendar year, beginning with the third calendar year after the first appearance of the Prevention of Animal Homelessness and Cruelty Fund on the tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum estimated contribution amount specified in subdivision (b) as follows: -(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year, multiplied by the inflation factor adjustment as specified in paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. -(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.","Existing law allows an individual taxpayer to contribute amounts in excess of his or her personal income tax liability for the support of specified funds. -This bill would allow an individual to designate on his or her tax return that a specified amount in excess of his or her tax liability be transferred to the Prevention of Animal Homelessness and Cruelty Fund, which would be created by this bill. The bill would require the Franchise Tax Board to revise the tax return form to include a space for the designation of contributions to the fund when another voluntary designation is removed from the form or there is space, whichever occurs first. -This bill would require money contributed to the fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller for reimbursement of costs, as provided, and to the Department of Food and Agriculture for the development of a mechanism to provide ongoing public awareness through activities that will promote the charitable tax deduction for the fund and seek continued contributions and the distribution of grants on a competitive basis to, among others, a city, county, or city and county animal control agency or shelter, as specified, for the purpose of supporting spay and neuter activities by that entity to prevent and eliminate cat and dog homelessness. -The bill would provide that these provisions would remain in effect only until January 1 of the 5th taxable year following the first appearance of the Prevention of Animal Homelessness and Cruelty Fund on the tax return, or January 1, 2022, whichever occurs first, but would further provide for an earlier repeal if the Franchise Tax Board determines that the amount of contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount, as defined, for that calendar year, in which case these provisions would be repealed on December 1 of that year.","An act to add and repeal Article 23 (commencing with Section 18901) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, relating to taxation." -523,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3041.5 of the Penal Code is amended to read: -3041.5. -(a) At all hearings for the purpose of reviewing a prisoner’s parole suitability, or the setting, postponing, or rescinding of parole dates, with the exception of en banc review of tie votes, the following shall apply: -(1) At least 10 days prior to a hearing by the Board of Parole Hearings, the prisoner shall be permitted to review his or her file that will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file. -(2) The prisoner shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the prisoner nor the attorney for the prisoner shall be entitled to ask questions of a person appearing at the hearing pursuant to subdivision (b) of Section 3043. -(3) Unless legal counsel is required by another law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision are presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures. -(4) The prisoner and a person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings. -(5) If the hearing is for the purpose of postponing or rescinding of parole dates, the prisoner shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932. -(6) The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole. -(b) (1) Within 10 days following a meeting where a parole date has been set, the board shall send the prisoner a written statement setting forth his or her parole date, the conditions he or she must meet in order to be released on the date set, and the consequences of failure to meet those conditions. -(2) Within 20 days following a meeting where a parole date has not been set, the board shall send the prisoner a written statement setting forth the reason or reasons for refusal to set a parole date, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated. -(3) The board shall schedule the next hearing, after considering the views and interests of the victim, as follows: -(A) Fifteen years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the prisoner than 10 additional years. -(B) Ten years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the prisoner than seven additional years. -(C) Three years, five years, or seven years after a hearing at which parole is denied, because the criteria relevant to the setting of parole release dates enumerated in subdivision (a) of Section 3041 are such that consideration of the public and victim’s safety requires a more lengthy period of incarceration for the prisoner, but does not require a more lengthy period of incarceration for the prisoner than seven additional years. -(4) The board may, in its discretion, after considering the views and interests of the victim and the district attorney of the county in which the offense was committed, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the additional period of incarceration of the prisoner provided for in paragraph (3). -(5) Within 10 days of a board action resulting in the postponement of a previously set parole date, the board shall send the prisoner a written statement setting forth a new date and the reason or reasons for that action and shall offer the prisoner an opportunity for review of that action. -(6) Within 10 days of a board action resulting in the rescinding of a previously set parole date, the board shall send the prisoner a written statement setting forth the reason or reasons for that action, and shall schedule the prisoner’s next hearing in accordance with paragraph (3). -(c) The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in, but shall not be deemed to be binding upon, subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in subdivision (b) of Section 3041. -(d) (1) An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. The board shall provide notice of the request to the district attorney and the victim, if the victim has previously requested notification of all board actions, no less than 30 days before the board may grant the inmate’s request. Notice shall be satisfied by mailing copies of the inmate’s request to the office of the district attorney and, if applicable, to the last address provided by the victim to the Office of Victim and Survivor Rights and Services. -(2) The board shall have sole jurisdiction, after considering the views and interests of the district attorney of the county in which the offense was committed, or his or her representative, and the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b). -(3) An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to not set a parole date, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board. -SEC. 1.5. -Section 3041.5 of the Penal Code is amended to read: -3041.5. -(a) At all hearings for the purpose of reviewing an inmate’s parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en banc review of tie votes, the following shall apply: -(1) At least 10 days before a hearing by the Board of Parole Hearings, the inmate shall be permitted to review the file that will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file. -(2) The inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the inmate nor the attorney for the inmate shall be entitled to ask questions of a person appearing at the hearing pursuant to subdivision (b) of Section 3043. -(3) Unless legal counsel is required by another law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision are presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures. -(4) The inmate and a person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings. -(5) If the hearing is for the purpose of postponing or rescinding parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932. -(6) The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole. -(b) (1) Within 10 days following a decision granting parole, the board shall send the inmate a written statement setting forth the reason or reasons for granting parole, the conditions he or she must meet in order to be released, and the consequences of failure to meet those conditions. -(2) Within 20 days following a decision denying parole, the board shall send the inmate a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated. -(3) The board shall schedule the next hearing, after considering the views and interests of the victim, as follows: -(A) Fifteen years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than 10 additional years. -(B) Ten years after a hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than seven additional years. -(C) Three years, five years, or seven years after a hearing at which parole is denied, because the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy period of incarceration for the inmate than seven additional years. -(4) The board may, in its discretion, after considering the views and interests of the victim and the district attorney of the county in which the offense was committed, advance a hearing set pursuant to paragraph (3) to an earlier date, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the additional period of incarceration of the prisoner provided for in paragraph (3). -(5) Within 10 days of a board action resulting in the rescinding of parole, the board shall send the inmate a written statement setting forth the reason or reasons for that action, and shall schedule the inmate’s next hearing in accordance with paragraph (3). -(c) The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in, but shall not be deemed to be binding upon, subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in subdivision (b) of Section 3041. -(d) (1) An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. The board shall provide notice of the request to the district attorney and the victim, if the victim has previously requested notification of all board actions, no less than 30 days before the board may grant the inmate’s request. Notice shall be satisfied by mailing copies of the inmate’s request to the office of the district attorney and, if applicable, to the last address provided by the victim to the Office of Victim and Survivor Rights and Services. -(2) The board shall have sole jurisdiction, after considering the views and interests of the district attorney of the county in which the offense was committed, or his or her representative, and the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b). -(3) An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board. -SEC. 2. -Section 1.5 of this bill incorporates amendments to Section 3041.5 of the Penal Code proposed by both this bill and Senate Bill 230. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 3041.5 of the Penal Code, and (3) this bill is enacted after Senate Bill 230, in which case Section 1 of this bill shall not become operative.","Existing law provides that, one year prior to the minimum eligible parole release date of an inmate serving an indeterminate sentence, a panel of 2 or more commissioners or deputy commissioners of the Board of Parole Hearings shall meet with the inmate and set a parole release date, as specified. Existing law, as amended by Proposition 9, the Victim’s Bill of Rights Act of 2008: Marsy’s Law, at the November 4, 2008, statewide general election, establishes procedures at all hearings for the purpose of reviewing a prisoner’s parole suitability, or the setting, postponing, or rescinding of parole dates, and provides prisoners and victims specified rights at these hearings. -This bill would require notification of the district attorney of the county in which the offense was committed, or his or her designee, to receive notification of specified parole proceedings. -This bill would incorporate additional changes to Section 3041.5 of the Penal Code proposed by SB 230 that would become operative if this bill and SB 230 are both chaptered and this bill is chaptered last.","An act to amend Section 3041.5 of the Penal Code, relating to parole." -524,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12926 of the Government Code is amended to read: -12926. -As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context: -(a) “Affirmative relief” or “prospective relief” includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part. -(b) “Age” refers to the chronological age of any individual who has reached his or her 40th birthday. -(c) Except as provided by Section 12926.05, “employee” does not include any individual employed by his or her parents, spouse, or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility. -(d) “Employer” includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows: -“Employer” does not include a religious association or corporation not organized for private profit. -(e) “Employment agency” includes any person undertaking for compensation to procure employees or opportunities to work. -(f) “Essential functions” means the fundamental job duties of the employment position the individual with a disability holds or desires. “Essential functions” does not include the marginal functions of the position. -(1) A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following: -(A) The function may be essential because the reason the position exists is to perform that function. -(B) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed. -(C) The function may be highly specialized, so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function. -(2) Evidence of whether a particular function is essential includes, but is not limited to, the following: -(A) The employer’s judgment as to which functions are essential. -(B) Written job descriptions prepared before advertising or interviewing applicants for the job. -(C) The amount of time spent on the job performing the function. -(D) The consequences of not requiring the incumbent to perform the function. -(E) The terms of a collective bargaining agreement. -(F) The work experiences of past incumbents in the job. -(G) The current work experience of incumbents in similar jobs. -(g) (1) “Genetic information” means, with respect to any individual, information about any of the following: -(A) The individual’s genetic tests. -(B) The genetic tests of family members of the individual. -(C) The manifestation of a disease or disorder in family members of the individual. -(2) “Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. -(3) “Genetic information” does not include information about the sex or age of any individual. -(h) “Labor organization” includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection. -(i) “Medical condition” means either of the following: -(1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer. -(2) Genetic characteristics. For purposes of this section, “genetic characteristics” means either of the following: -(A) Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or his or her offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder. -(B) Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or his or her offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder. -(j) “Mental disability” includes, but is not limited to, all of the following: -(1) Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section: -(A) “Limits” shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. -(B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult. -(C) “Major life activities” shall be broadly construed and shall include physical, mental, and social activities and working. -(2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services. -(3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. -(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult. -(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2). -“Mental disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. -(k) “Military and veteran status” means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard. -(l) “On the bases enumerated in this part” means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. -(m) “Physical disability” includes, but is not limited to, all of the following: -(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following: -(A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine. -(B) Limits a major life activity. For purposes of this section: -(i) “Limits” shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. -(ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult. -(iii) “Major life activities” shall be broadly construed and includes physical, mental, and social activities and working. -(2) Any other health impairment not described in paragraph (1) that requires special education or related services. -(3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. -(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult. -(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2). -(6) “Physical disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. -(n) Notwithstanding subdivisions (j) and (m), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (j) or (m), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (j) and (m). -(o) “Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status” includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. -(p) “Reasonable accommodation” may include either of the following: -(1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities. -(2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. -(q) “Religious creed,” “religion,” “religious observance,” “religious belief,” and “creed” include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. “Religious dress practice” shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of the observance by an individual of his or her religious creed. “Religious grooming practice” shall be construed broadly to include all forms of head, facial, and body hair that are part of the observance by an individual of his or her religious creed. -(r) (1) “Sex” includes, but is not limited to, the following: -(A) Pregnancy or medical conditions related to pregnancy. -(B) Childbirth or medical conditions related to childbirth. -(C) Breastfeeding or medical conditions related to breastfeeding. -(2) “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. -(s) “Sexual orientation” means heterosexuality, homosexuality, and bisexuality. -(t) “Supervisor” means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment. -(u) “Undue hardship” means an action requiring significant difficulty or expense, when considered in light of the following factors: -(1) The nature and cost of the accommodation needed. -(2) The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility. -(3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities. -(4) The type of operations, including the composition, structure, and functions of the workforce of the entity. -(5) The geographic separateness or administrative or fiscal relationship of the facility or facilities. -(v) “National origin” discrimination includes, but is not limited to, discrimination on the basis of possessing a driver’s license granted under Section 12801.9 of the Vehicle Code. -SEC. 2. -Section 12926.05 is added to the Government Code, to read: -12926.05. -(a) An individual employed under a special license pursuant to Section 1191 or 1191.5 of the Labor Code in a nonprofit sheltered workshop, day program, or rehabilitation facility may bring an action under this part for any form of harassment or discrimination prohibited by this part. -(b) If an individual specified in subdivision (a) brings an action against an employer for any form of harassment or discrimination prohibited by this part, the employer has an affirmative defense to the action by proving, by a preponderance of evidence, both of the following: -(1) The challenged activity was permitted by statute or regulation. -(2) The challenged activity was necessary to serve employees with disabilities under a special license pursuant to Section 1191 or 1191.5 of the Labor Code. -(c) Nothing in this part relating to discrimination on account of disability shall subject an employer to legal liability for obtaining a license pursuant to Section 1191.5 of the Labor Code or paying an individual with a physical or mental disability less than minimum wage pursuant to either Section 1191 or Section 1191.5 of the Labor Code. -(d) The Legislature finds and declares that the definition of employee in subdivision (c) of Section 12926 was not intended to permit the harassment of, or discrimination against, an individual employed under a special license pursuant to Section 1191 or 1191.5 of the Labor Code in a nonprofit sheltered workshop, day program, or rehabilitation facility.","Existing law, the California Fair Employment and Housing Act, protects the right to seek, obtain, and hold employment without discrimination because of race, religious creed, physical disability, mental disability, sex, age, and sexual orientation, among other characteristics. The act prohibits various forms of employment discrimination, including discharging or refusing to hire or to select for training programs on a prohibited basis. The act prescribes requirements for filing complaints of employment discrimination with the Department of Fair Employment and Housing and charges this department with investigating and determining whether or not to bring a civil action on behalf of the complainant, among other duties. The act exempts employers from remedies for specified unlawful employment practices, including when the discrimination is on the basis of physical or mental disability and the disability prevents the employee from safely performing essential duties even with reasonable accommodations. The act excludes from the definition of “employee,” any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility. A special license permits the employment of individuals with disabilities at a wage less than the legal minimum wage. -This bill would authorize an individual employed under a special license in a nonprofit sheltered workshop, day program, or rehabilitation facility to bring an action under the act for any form of harassment or discrimination prohibited by the act. The bill would provide an employer against whom the individual brings this action with an affirmative defense by proving, by a preponderance of evidence, that the challenged action was permitted by statute or regulation and was necessary to serve employees with disabilities under a special license. The bill would exempt an employer’s obtaining a special license, or hiring or employing a qualified individual at a wage less than the minimum wage in conformity with a special license, from the act’s provisions prohibiting discrimination based on disability. The bill would provide that the definition of employee was not intended to permit the harassment of, or discrimination against, an individual employed under a special license in a nonprofit sheltered workshop, day program, or rehabilitation facility.","An act to amend Section 12926 of, and to add Section 12926.05 to, the Government Code, relating to employment discrimination." -525,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1797.5 of the Fish and Game Code is amended to read: -1797.5. -For the purposes of this chapter, the following terms shall have the following meanings: -(a) “Bank” means a conservation bank, mitigation bank, or conservation and mitigation bank. -(b) “Bank enabling instrument” means a written agreement with the department regarding the establishment, use, operation, and maintenance of the bank. -(c) “Bank sponsor” means the person or entity responsible for establishing and operating a bank. -(d) “Conservation bank” means a publicly or privately owned and operated site that is to be conserved and managed in accordance with a written agreement with the department that includes provisions for the issuance of credits, on which important habitat, including habitat for threatened, endangered, or other special status species, exists, has been, or will be created to do any of the following: -(1) Compensate for take or other adverse impacts of activities authorized pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3. -(2) Reduce adverse impacts to fish or wildlife resources from activities, authorized pursuant to Chapter 6 (commencing with Section 1600) of Division 2, to less than substantial. -(3) Mitigate significant effects on the environment pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and Guidelines for Implementation of the California Environmental Quality Act (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations). -(4) Establish mitigation in advance of any impacts or effects. -(5) To the extent feasible and practicable, protect habitat connectivity for fish and wildlife resources for purposes of this section. -(e) “Conservation easement” means a perpetual conservation easement, as defined by Section 815.1 of the Civil Code, covering the real property that comprises the bank site. -(f) “Mitigation bank” means either of the following: -(1) A bank site or mitigation bank site as defined by Section 1777.2. -(2) Any publicly or privately owned and operated site, other than those defined by Section 1777.2, on which wetlands exist, have been, or will be created, and that is to be conserved and managed in accordance with a written agreement with the department for any of the purposes described in paragraphs (1) to (4), inclusive, of subdivision (d). -(g) “Person” has the meaning set forth in subdivision (b) of Section 711.2. -(h) “Prospectus” means a written summary of the proposed bank containing a sufficient level of detail to support informed department review and comment. -SEC. 2. -Section 1930 of the Fish and Game Code is amended to read: -1930. -The Legislature finds and declares that: -(a) Areas containing diverse ecological and geological characteristics are vital to the continual health and well-being of the state’s natural resources and of its citizens. -(b) Many habitats and ecosystems that constitute the state’s natural diversity are in danger of being lost. -(c) Connectivity between wildlife habitats is important to the long-term viability of the state’s biodiversity. -(d) Preserving and connecting high-quality habitat for wildlife can create habitat strongholds. -(e) Increasingly fragmented habitats threaten the state’s wildlife species. -(f) There is an opportunity to provide incentive for private landowners to maintain and perpetuate significant local natural areas in their natural state. -(g) Efforts to preserve natural areas have been fragmented between federal, state, local, and private sectors. -(h) Analysis of the state’s habitat connectivity benefits from the consideration of all relevant data, including information from private and public landowners. -(i) The department’s existing mapping activities and products should be developed and sustained. -(j) The importance of wildlife corridors to assist in adapting to climate change has been recognized by such groups as the Western Governors’ Association, which unanimously approved a policy to protect wildlife migration corridors and crucial wildlife habitat in 2007. Individual local, state, and federal agencies have also adopted policies aimed at protecting wildlife corridors and habitat connectivity, in order to protect ecosystem health and biodiversity and to improve the resiliency of wildlife and their habitats to climate change. However, these efforts could be enhanced through establishment of a statewide policy to protect important wildlife corridors and habitat linkages where feasible and practicable. -SEC. 3. -Section 1930.5 of the Fish and Game Code is amended to read: -1930.5. -(a) Contingent upon funding being provided by the Wildlife Conservation Board from moneys available pursuant to Section 75055 of the Public Resources Code, or from other appropriate bond funds, upon appropriation by the Legislature, the department shall investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages, as well as the impacts to those wildlife corridors from climate change, and shall prioritize vegetative data development in these areas. -(b) It is the intent of the Legislature that the Wildlife Conservation Board use various funds to work with the department to complete a statewide analysis of wildlife corridors and connectivity to support conservation planning and climate change adaptation activities. -(c) (1) It is the policy of the state to promote the voluntary protection of wildlife corridors and habitat strongholds in order to enhance the resiliency of wildlife and their habitats to climate change, protect biodiversity, and allow for the migration and movement of species by providing connectivity between habitat lands. In order to further these goals, it is the policy of the state to encourage, wherever feasible and practicable, voluntary steps to protect the functioning of wildlife corridors through various means, as applicable and to the extent feasible and practicable, those means may include, but are not limited to: -(A) Acquisition or protection of wildlife corridors as open space through conservation easements. -(B) Installing of wildlife-friendly or directional fencing. -(C) Siting of mitigation and conservation banks in areas that provide habitat connectivity for affected fish and wildlife resources. -(D) Provision of roadway undercrossings, overpasses, oversized culverts, or bridges to allow for fish passage and the movement of wildlife between habitat areas. -(2) The fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for a project shall not be grounds for denying a permit or requiring additional mitigation beyond what would be required to mitigate project impacts under other applicable laws, including, but not limited to, the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3) and the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). -(d) The Legislature finds and declares that there are a number of existing efforts, including, but not limited to, efforts involving working landscapes, that are already working to achieve the policy described in subdivision (c). -(e) Subdivision (c) shall not be construed to create new regulatory requirements or modify the requirements of subparagraphs (B) and (E) of paragraph (4) of subdivision (a) of Section 2820 of the Fish and Game Code, or the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). -(f) For purposes of this section, the following terms have the following meanings: -(1) “Habitat stronghold” means high-quality habitat that supports wildlife in being more resilient to increasing pressures on species due to climate change and land development. -(2) “Wildlife corridor” means a habitat linkage that joins two or more areas of wildlife habitat, allowing for fish passage or the movement of wildlife from one area to another.","Existing law requires the Department of Fish and Wildlife to administer the Significant Natural Areas Program, and requires the department, among other things, to develop and maintain a spatial data system that identifies those areas in the state that are most essential for maintaining habitat connectivity, including wildlife corridors and habitat linkages. Existing law requires the department, contingent upon the provision of certain funding, to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages and prioritize vegetative data development in those areas. Existing law requires the department to seek input from representatives of other state agencies, local government, federal agencies, nongovernmental conservation organizations, landowners, agriculture, recreation, scientific entities, and industry in determining essential wildlife corridors and habitat linkages. -This bill would declare that it is the policy of the state to encourage, wherever feasible and practicable, voluntary steps to protect the functioning of wildlife corridors through various means, as applicable. -Existing law provides for the establishment of conservation banks, defined as publicly or privately owned and operated sites that are to be conserved and managed for habitat protection purposes in accordance with an agreement with the Department of Fish and Wildlife. Existing law provides for the issuance of credits by a conservation bank to, among other things, reduce adverse impacts to fish or wildlife resources from certain activities. Existing law also provides for the establishment of mitigation banks, as defined. -This bill would include within the authorized purposes of a conservation bank the protection of habitat connectivity for fish and wildlife resources. -This bill would provide that the fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for the project shall not be grounds for denying a permit or requiring additional mitigation beyond what is otherwise required by law to mitigate project impacts.","An act to amend Sections 1797.5, 1930, and 1930.5 of the Fish and Game Code, relating to fish and wildlife." -526,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1925 of the Business and Professions Code is amended to read: -1925. -A registered dental hygienist in alternative practice may practice, pursuant to subdivision (a) of Section 1907, subdivision (a) of Section 1908, subdivisions (a) and (b) of Section 1910, Section 1910.5, and Section 1926.05 as an employee of a dentist or of another registered dental hygienist in alternative practice, as an independent contractor, as a sole proprietor of an alternative dental hygiene practice, as an employee of a primary care clinic or specialty clinic that is licensed pursuant to Section 1204 of the Health and Safety Code, as an employee of a primary care clinic exempt from licensure pursuant to subdivision (c) of Section 1206 of the Health and Safety Code, as an employee of a clinic owned or operated by a public hospital or health system, as an employee of a clinic owned and operated by a hospital that maintains the primary contract with a county government to fill the county’s role under Section 17000 of the Welfare and Institutions Code, or as an employee of a professional corporation under the Moscone-Knox Professional Corporation Act (commencing with Section 13400) of Part 4 of Division 3 of Title 1 of the Corporations Code. -SEC. 2. -Article 9.1 (commencing with Section 1967) is added to Chapter 4 of Division 2 of the Business and Professions Code, to read: -Article 9.1. Registered Dental Hygienist in Alternative Practice Corporations -1967. -A registered dental hygienist in alternative practice corporation is a professional corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that professional corporation and its shareholders, officers, directors, and professional employees rendering professional services are in compliance with the Moscone-Knox Professional Corporation Act (commencing with Section 13400) of Part 4 of Division 3 of Title 1 of the Corporations Code, this article, and all other statutes and regulations now or hereafter adopted pertaining to the professional corporation and the conduct of its affairs. With respect to a registered dental hygienist in alternative practice corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Dental Hygiene Committee of California. -1967.1. -It shall constitute unprofessional conduct and a violation of this article for any person licensed under this article to violate, attempt to violate, directly or indirectly, assist in or abet the violation of, or conspire to violate any provision or term of this article, the Moscone-Knox Professional Corporation Act, or any regulations duly adopted under those laws. -1967.2. -A licensee employed by, or practicing in, a registered dental hygienist in alternative practice corporation pursuant to Section 13401.5 of the Corporations Code shall practice within the scope of their license and shall be subject to all applicable licensure provisions in their respective practice act. -1967.3. -The income of a registered dental hygienist in alternative practice corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in subdivision (e) of Section 13401 of the Corporations Code, shall not in any manner accrue to the benefit of such shareholder or his or her shares in the registered dental hygienist in alternative practice corporation. -1967.4. -(a) The bylaws of a registered dental hygienist in alternative practice corporation shall include a provision whereby the capital stock of the professional corporation owned by a disqualified person, as defined in subdivision (e) of Section 13401 of the Corporations Code, or a deceased person, shall be sold to the professional corporation or to the remaining shareholders of the professional corporation not later than 90 days after disqualification, if the shareholder becomes a disqualified person, or not later than six months after death, if the shareholder becomes deceased. -(b) A registered dental hygienist in alternative practice corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services. -SEC. 3. -Section 13401 of the Corporations Code is amended to read: -13401. -As used in this part: -(a) “Professional services” means any type of professional services that may be lawfully rendered only pursuant to a license, certification, or registration authorized by the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act. -(b) “Professional corporation” means a corporation organized under the General Corporation Law or pursuant to subdivision (b) of Section 13406 that is engaged in rendering professional services in a single profession, except as otherwise authorized in Section 13401.5, pursuant to a certificate of registration issued by the governmental agency regulating the profession as herein provided and that in its practice or business designates itself as a professional or other corporation as may be required by statute. However, any professional corporation or foreign professional corporation rendering professional services by persons duly licensed by the Medical Board of California or any examining committee under the jurisdiction of the board, the Osteopathic Medical Board of California, the Dental Board of California, the Dental Hygiene Committee of California, the California State Board of Pharmacy, the Veterinary Medical Board, the California Architects Board, the Court Reporters Board of California, the Board of Behavioral Sciences, the Speech-Language Pathology and Audiology Board, the Board of Registered Nursing, or the State Board of Optometry shall not be required to obtain a certificate of registration in order to render those professional services. -(c) “Foreign professional corporation” means a corporation organized under the laws of a state of the United States other than this state that is engaged in a profession of a type for which there is authorization in the Business and Professions Code for the performance of professional services by a foreign professional corporation. -(d) “Licensed person” means any natural person who is duly licensed under the provisions of the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act to render the same professional services as are or will be rendered by the professional corporation or foreign professional corporation of which he or she is, or intends to become, an officer, director, shareholder, or employee. -(e) “Disqualified person” means a licensed person who for any reason becomes legally disqualified (temporarily or permanently) to render the professional services that the particular professional corporation or foreign professional corporation of which he or she is an officer, director, shareholder, or employee is or was rendering. -SEC. 4. -Section 13401.5 of the Corporations Code is amended to read: -13401.5. -Notwithstanding subdivision (d) of Section 13401 and any other provision of law, the following licensed persons may be shareholders, officers, directors, or professional employees of the professional corporations designated in this section so long as the sum of all shares owned by those licensed persons does not exceed 49 percent of the total number of shares of the professional corporation so designated herein, and so long as the number of those licensed persons owning shares in the professional corporation so designated herein does not exceed the number of persons licensed by the governmental agency regulating the designated professional corporation. This section does not limit employment by a professional corporation designated in this section to only those licensed professionals listed under each subdivision. Any person duly licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act may be employed to render professional services by a professional corporation designated in this section. -(a) Medical corporation. -(1) Licensed doctors of podiatric medicine. -(2) Licensed psychologists. -(3) Registered nurses. -(4) Licensed optometrists. -(5) Licensed marriage and family therapists. -(6) Licensed clinical social workers. -(7) Licensed physician assistants. -(8) Licensed chiropractors. -(9) Licensed acupuncturists. -(10) Naturopathic doctors. -(11) Licensed professional clinical counselors. -(12) Licensed physical therapists. -(b) Podiatric medical corporation. -(1) Licensed physicians and surgeons. -(2) Licensed psychologists. -(3) Registered nurses. -(4) Licensed optometrists. -(5) Licensed chiropractors. -(6) Licensed acupuncturists. -(7) Naturopathic doctors. -(8) Licensed physical therapists. -(c) Psychological corporation. -(1) Licensed physicians and surgeons. -(2) Licensed doctors of podiatric medicine. -(3) Registered nurses. -(4) Licensed optometrists. -(5) Licensed marriage and family therapists. -(6) Licensed clinical social workers. -(7) Licensed chiropractors. -(8) Licensed acupuncturists. -(9) Naturopathic doctors. -(10) Licensed professional clinical counselors. -(d) Speech-language pathology corporation. -(1) Licensed audiologists. -(e) Audiology corporation. -(1) Licensed speech-language pathologists. -(f) Nursing corporation. -(1) Licensed physicians and surgeons. -(2) Licensed doctors of podiatric medicine. -(3) Licensed psychologists. -(4) Licensed optometrists. -(5) Licensed marriage and family therapists. -(6) Licensed clinical social workers. -(7) Licensed physician assistants. -(8) Licensed chiropractors. -(9) Licensed acupuncturists. -(10) Naturopathic doctors. -(11) Licensed professional clinical counselors. -(g) Marriage and family therapist corporation. -(1) Licensed physicians and surgeons. -(2) Licensed psychologists. -(3) Licensed clinical social workers. -(4) Registered nurses. -(5) Licensed chiropractors. -(6) Licensed acupuncturists. -(7) Naturopathic doctors. -(8) Licensed professional clinical counselors. -(h) Licensed clinical social worker corporation. -(1) Licensed physicians and surgeons. -(2) Licensed psychologists. -(3) Licensed marriage and family therapists. -(4) Registered nurses. -(5) Licensed chiropractors. -(6) Licensed acupuncturists. -(7) Naturopathic doctors. -(8) Licensed professional clinical counselors. -(i) Physician assistants corporation. -(1) Licensed physicians and surgeons. -(2) Registered nurses. -(3) Licensed acupuncturists. -(4) Naturopathic doctors. -(j) Optometric corporation. -(1) Licensed physicians and surgeons. -(2) Licensed doctors of podiatric medicine. -(3) Licensed psychologists. -(4) Registered nurses. -(5) Licensed chiropractors. -(6) Licensed acupuncturists. -(7) Naturopathic doctors. -(k) Chiropractic corporation. -(1) Licensed physicians and surgeons. -(2) Licensed doctors of podiatric medicine. -(3) Licensed psychologists. -(4) Registered nurses. -(5) Licensed optometrists. -(6) Licensed marriage and family therapists. -(7) Licensed clinical social workers. -(8) Licensed acupuncturists. -(9) Naturopathic doctors. -(10) Licensed professional clinical counselors. -(l) Acupuncture corporation. -(1) Licensed physicians and surgeons. -(2) Licensed doctors of podiatric medicine. -(3) Licensed psychologists. -(4) Registered nurses. -(5) Licensed optometrists. -(6) Licensed marriage and family therapists. -(7) Licensed clinical social workers. -(8) Licensed physician assistants. -(9) Licensed chiropractors. -(10) Naturopathic doctors. -(11) Licensed professional clinical counselors. -(m) Naturopathic doctor corporation. -(1) Licensed physicians and surgeons. -(2) Licensed psychologists. -(3) Registered nurses. -(4) Licensed physician assistants. -(5) Licensed chiropractors. -(6) Licensed acupuncturists. -(7) Licensed physical therapists. -(8) Licensed doctors of podiatric medicine. -(9) Licensed marriage and family therapists. -(10) Licensed clinical social workers. -(11) Licensed optometrists. -(12) Licensed professional clinical counselors. -(n) Dental corporation. -(1) Licensed physicians and surgeons. -(2) Dental assistants. -(3) Registered dental assistants. -(4) Registered dental assistants in extended functions. -(5) Registered dental hygienists. -(6) Registered dental hygienists in extended functions. -(7) Registered dental hygienists in alternative practice. -(o) Professional clinical counselor corporation. -(1) Licensed physicians and surgeons. -(2) Licensed psychologists. -(3) Licensed clinical social workers. -(4) Licensed marriage and family therapists. -(5) Registered nurses. -(6) Licensed chiropractors. -(7) Licensed acupuncturists. -(8) Naturopathic doctors. -(p) Physical therapy corporation. -(1) Licensed physicians and surgeons. -(2) Licensed doctors of podiatric medicine. -(3) Licensed acupuncturists. -(4) Naturopathic doctors. -(5) Licensed occupational therapists. -(6) Licensed speech-language therapists. -(7) Licensed audiologists. -(8) Registered nurses. -(9) Licensed psychologists. -(10) Licensed physician assistants. -(q) Registered dental hygienist in alternative practice corporation. -(1) Registered dental assistants. -(2) Licensed dentists. -(3) Registered dental hygienists. -(4) Registered dental hygienists in extended functions.","Existing law, the Dental Practice Act, provides for the licensure and regulation of registered dental hygienists, registered dental hygienists in extended functions, and registered dental hygienists in alternative practice by the Dental Hygiene Committee of California. Existing law authorizes a registered dental hygienist in alternative practice to practice pursuant to specified provisions of law as, among other things, an independent contractor or an employee of a specified clinic. Existing law, the Moscone-Knox Professional Corporation Act, prohibits a professional corporation from rendering professional services in this state without a currently effective certificate of registration issued by the governmental agency regulating the profession in which the corporation is or proposes to be engaged and excepts any professional corporation rendering professional services by persons duly licensed by specified state entities from that requirement. Existing law authorizes specified healing arts licensees to be shareholders, officers, directors, or professional employees of a designated professional corporation, subject to certain limitations relating to ownership of shares. However, existing law specifies that it does not limit employment by a designated professional corporation to only those healing arts licensees and authorizes any healing arts licensee to be employed to render professional services by a designated professional corporation. -This bill would additionally except any professional corporation rendering professional services by persons duly licensed by the Dental Hygiene Committee of California from the certificate of registration requirement. The bill would authorize registered dental assistants, licensed dentists, registered dental hygienists, and registered dental hygienists in extended functions to be shareholders, officers, directors, or professional employees of a registered dental hygienist in alternative practice corporation. The bill would, in the Dental Practice Act, authorize a registered dental hygienist in alternative practice to practice as an employee of a professional corporation, as specified. The bill would make it unprofessional conduct to violate, attempt to violate, assist in or abet the violation of, or conspire to violate, specified provisions regarding registered dental hygienists in alternative practice corporations, the Moscone-Knox Professional Corporation Act, or any regulations adopted under those laws. The bill would require a licensee employed by, or practicing in, a registered dental hygienist in alternative practice corporation to practice within the scope of their license and be subject to all applicable licensure provisions in their respective practice act. The bill would require the bylaws of a registered dental hygienist in alternative practice corporation to include a provision requiring the capital stock of a disqualified or deceased person to be sold to specified parties within a specified period of time. The bill would also require such a corporation to provide security for claims by patients.","An act to amend Section 1925 of, and to add Article 9.1 (commencing with Section 1967) to Chapter 4 of Division 2 of, the Business and Professions Code, and to amend Sections 13401 and 13401.5 of the Corporations Code, relating to dental hygiene." -527,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Between 2002 and 2006, the rates of maternal deaths and severe complications doubled in both California and the United States. For every maternal death, there are approximately 100 cases of severe complications as defined by the federal Centers for Disease Control and Prevention. Severe complications occur in nearly 2 percent of all California births. -(b) Not only are these deaths and severe complications devastating for those affected families, but the cost to the state and private payers is significant. The University of California at Los Angeles studied the costs for maternal hemorrhage and preeclampsia/hypertension, the two leading causes of preventable maternal mortality and 80 percent of severe maternal morbidity. The study estimates that these conditions together cost Medi-Cal $200 million every year. -(c) Information and data regarding maternal mortality and morbidity provides a clearer understanding as to the causes and can be used for guidance in quality improvement projects needed to reduce or eliminate deaths and severe complications. -(d) Analysis using certificates of death alone has proven to be an incomplete and inadequate window into the underlying causes and assessment of maternal deaths and needs to be supplemented with other material, including coroner’s reports and medical records. -(e) The federal Centers for Disease Control and Prevention (CDC), the American Congress of Obstetricians and Gynecologists (ACOG), and the Maternal Child Health Bureau (HRSA-MCHB) all strongly encourage every state to form and support a multi-disciplinary committee to annually review maternal deaths in as timely a manner as possible. The CDC reports that 33 states have instituted maternal mortality committees. -(f) California’s over 500,000 annual births represent fully one-eighth of all United States births (and maternal deaths). Reviews of these cases represent an important resource for state and national efforts to better understand and reverse the rising rates of maternal mortality and morbidity. -(g) Data from prior California maternal mortality reviews have been particularly useful for launching statewide improvement projects to reduce maternal deaths led by the State Department of Public Health and the California Maternal Quality Care Collaborative. This act shall establish an ongoing multi-disciplinary panel for maternal mortality and severe morbidity reviews, including reports to the Legislature. -SEC. 2. -Section 123237 is added to the Health and Safety Code, to read: -123237. -(a) For the purposes of this section, “maternal mortality” or “maternal death” means a death of a woman while pregnant or within 42 days of delivering or following the end of a pregnancy when the woman’s death is from medical causes, including suicide, and is related to or aggravated by the pregnancy. Cases meeting these criteria are currently estimated to total between 70 and 90 cases each year. Additional deaths occurring between 42 days and 1 year following delivery may be included in these reviews if resources and time permit. “Severe maternal morbidity” means major maternal complications, as defined by the federal Centers for Disease Control and Prevention, occurring during birth or within 42 days of delivery. -(b) A maternal mortality review panel is established to conduct ongoing comprehensive, multidisciplinary reviews of maternal deaths and severe maternal morbidity in California to identify factors associated with the deaths and make recommendations for system changes to improve health care services for women in this state. A maternity care provider shall chair the panel. Members of the panel shall be appointed by the director, must serve without compensation, and may include, as a minimum: -(1) An obstetrician. -(2) A physician specializing in maternal fetal medicine. -(3) A neonatologist. -(4) A certified nurse-midwife. -(5) A labor and delivery nurse. -(6) An anesthesiologist. -(7) A representative from the department who works in the field of maternal and child health. -(8) An epidemiologist with experience analyzing perinatal data. -(9) Other professionals determined by the department and the committee chair to address specific case review topics by the committee. -(c) The maternal mortality review panel shall conduct multidisciplinary reviews of maternal mortality and severe morbidity in California. The panel may not call witnesses or take testimony from any individual involved in the investigation of a maternal death or enforce any public health standard or criminal law, or otherwise participate, in any legal proceeding relating to a maternal death. -(d) (1) Information, documents, proceedings, records, and opinions created, collected, or maintained by the maternity mortality review panel or the department in support of the maternal mortality review panel are confidential and are not subject to public inspection or discovery or introduction into evidence in any civil action. -(2) Any person who attends a meeting of the maternal mortality review panel or who participates in the creation, collection, or maintenance of the panel's information, documents, proceedings, records, or opinions shall not testify in any civil action as to the content of those proceedings, or the panel's information, documents, records, or opinions. This paragraph does not prevent a member of the panel from testifying in a civil action concerning facts that form the basis for the panel's proceedings of which the panel member has personal knowledge acquired independently of the panel or that is public information. -(3) Any person who, in substantial good faith, participates as a member of the maternal mortality review panel or provides information to further the purposes of the maternal mortality review panel may not be subject to an action for civil damages or other relief as a result of the activity or its consequences. -(4) All meetings, proceedings, and deliberations of the maternal mortality review panel may, at the discretion of the maternal mortality review panel, be confidential and may be conducted in executive session. -(5) The maternal mortality review panel and the director may retain identifiable information regarding facilities where maternal deaths occur, or from which the patient was transferred, and geographic information on each case solely for the purposes of trending and analysis over time. All individually identifiable information shall be removed before any case is reviewed by the panel. -(e) The department shall review department available data to identify maternal deaths. To aid in determining whether a maternal death was related to or aggravated by the pregnancy, and whether it was preventable, the department has the authority to do both of the following: -(1) Request and receive data for specific maternal deaths, including, but not limited to, all medical records, autopsy reports, medical examiner reports, coroner’s reports, and social service records. -(2) Request and receive data, as described in paragraph (1), from health care providers, health care facilities, clinics, laboratories, medical examiners, coroners, professionals, and facilities licensed by the department. -(f) Upon request by the department, health care providers, health care facilities, clinics, laboratories, medical examiners, coroners, professionals, and facilities licensed by the department must provide all medical records, autopsy reports, medical examiner reports, coroner’s reports, social services records, information, and other data requested for specific maternal deaths as provided in this subdivision to the department. -(g) The panel shall also review severe maternal morbidity data provided by either the department or the California Maternal Quality Care Collaborative (CMQCC). This data shall be aggregated and deidentified but indicate major causes of morbidity and time trends. -(h) (1) Notwithstanding Section 10231.5 of the Government Code, the department, as part of its work to advance and improve California maternity care through data-driven quality improvement, shall prepare and submit to the Legislature a biennial report on maternal mortality in California based on the data collected. The report shall protect the confidentiality of all decedents and other participants involved in any incident. The report shall be distributed publically to stimulate performance improvement. Interim results may be shared with the CMQCC quality improvement programs. The report shall include both the following: -(A) A description of the maternal deaths reviewed by the panel during the preceding twenty-four months, including statistics and causes of maternal deaths presented in the aggregate. The report must not disclose any identifying information of patients, decedents, providers, and organizations involved. -(B) Evidence-based system changes and policy recommendations to improve maternal outcomes and reduce preventable maternal deaths in California. -(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. -(i) The department may use Title V Block Grant Program funds to support these efforts and may apply for additional federal government and private foundation grants, as needed. The department may also accept private, foundation, city, county, or federal monies to implement this section. -SEC. 3. -The Legislature finds and declares that Section 2 of this act, which adds Section 123237 of the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -In order to protect confidential information, documents, proceedings, records, and opinions created, collected, or maintained by the maternity mortality review panel or the department in support of the maternity mortality review panel, it is necessary that this act limit the public’s right of access to that information. -SECTION 1. -Section 123237 is added to the -Health and Safety Code -, to read: -123237. -(a)Notwithstanding Section 10231.5 of the Government Code, the State Department of Public Health, as part of its work to advance and improve California maternity care through data-driven quality improvement, shall prepare and submit to the Legislature an annual report on maternal mortality and morbidity in California. The report shall include, but not be limited to, all of the following: -(1)An analysis of maternal deaths that includes both of the following: -(A)Case review of each death. -(B)Analysis of patient demographics, contributing factors, and underlying causes. -(2)An analysis of all cases of severe maternal morbidity, as defined by the federal Centers for Disease Control and Prevention, for which data collection is practicable, including analysis of patient demographics and underlying causes. -(3)Suggestions for improvements in care to reduce maternal death and severe maternal morbidity. -(b)In order to develop accurate reports in a resource-efficient manner, the department shall consider existing resources, including, but not limited to, all of the following: -(1)Existing data sources available to the department. -(2)Opportunities for partnerships with entities engaged in maternal care quality measurement or improvement. -(3)Use of physician volunteers or committees. -(c)A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.","Existing law establishes the State Department of Public Health and sets forth its powers and duties, as specified. Existing law requires the department to maintain a program of maternal, child, and adolescent health. -This bill would require the department to prepare and submit to the Legislature an annual report on maternal mortality and morbidity in California, including an analysis of maternal deaths and severe maternal morbidity. The bill would also require the department, in order to develop accurate reports in a resource-efficient manner, to consider existing resources, including, among others, opportunities for partnerships with other entities and use of physician volunteers. -This bill would establish a maternal mortality review panel to conduct ongoing comprehensive, multidisciplinary reviews of maternal deaths and severe maternal morbidity in California to identify factors associated with the deaths and make recommendations for system changes to improve health care services for women in this state. The bill would also make information, documents, proceedings, records, and opinions created, collected, or maintained by the maternity mortality review panel or the State Department of Public Health in support of the maternal mortality review panel confidential and not subject to public inspection, discovery, or introduction into evidence in any civil action. The bill would also prohibit any person in attendance at a meeting of the maternal mortality review panel or who participates in the creation, collection, or maintenance of the panel’s information, documents, proceedings, records, or opinions to testify in any civil action as to the content of those proceedings or the panel’s information, documents, records, or opinions. The bill would require the State Department of Public Health to review department available data to identify maternal deaths and would mandate health care providers, health care facilities, clinics, laboratories, medical examiners, coroners, professionals, and facilities licensed by the State Department of Public Health to provide documents, as specified, upon request of the department. The bill also requires the State Department of Public Health to prepare and submit to the Legislature a biennial report on maternal mortality in California based on the data collected. -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to add Section 123237 to the Health and Safety Code, relating to public health." -528,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 94874 of the Education Code is amended to read: -94874. -Except as provided in Section 94874.2, the following are exempt from this chapter: -(a) An institution that offers solely avocational or recreational educational programs. -(b) (1) An institution offering educational programs sponsored by a bona fide trade, business, professional, or fraternal organization, solely for that organization’s membership. -(2) (A) Except as provided in subparagraph (B), a bona fide organization, association, or council that offers preapprenticeship training programs, on behalf of one or more Division of Apprenticeship Standards-approved labor-management apprenticeship programs that satisfies one of the following conditions: -(i) It is not on the Eligible Training Provider List established and maintained by the California Workforce Investment Board but has met the requirements for placement on the list. -(ii) It is on the Eligible Training Provider List established and maintained by the California Workforce Investment Board and meets the requirements for continued listing. -(B) If an organization, association, or council has been removed from the Eligible Training Provider List established and maintained by the California Workforce Investment Board for failure to meet performance standards, it is not exempt until it meets all applicable performance standards. -(c) A postsecondary educational institution established, operated, and governed by the federal government or by this state or its political subdivisions. -(d) An institution offering either of the following: -(1) Test preparation for examinations required for admission to a postsecondary educational institution. -(2) Continuing education or license examination preparation, if the institution or the program is approved, certified, or sponsored by any of the following: -(A) A government agency, other than the bureau, that licenses persons in a particular profession, occupation, trade, or career field. -(B) A state-recognized professional licensing body, such as the State Bar of California, that licenses persons in a particular profession, occupation, trade, or career field. -(C) A bona fide trade, business, or professional organization. -(e) (1) An institution owned, controlled, and operated and maintained by a religious organization lawfully operating as a nonprofit religious corporation pursuant to Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the Corporations Code, that meets all of the following requirements: -(A) The instruction is limited to the principles of that religious organization, or to courses offered pursuant to Section 2789 of Business and Professions Code. -(B) The diploma or degree is limited to evidence of completion of that education. -(2) An institution operating under this subdivision shall offer degrees and diplomas only in the beliefs and practices of the church, religious denomination, or religious organization. -(3) An institution operating under this subdivision shall not award degrees in any area of physical science. -(4) Any degree or diploma granted under this subdivision shall contain on its face, in the written description of the title of the degree being conferred, a reference to the theological or religious aspect of the degree’s subject area. -(5) A degree awarded under this subdivision shall reflect the nature of the degree title, such as “associate of religious studies,” “bachelor of religious studies,” “master of divinity,” or “doctor of divinity.” -(f) An institution that does not award degrees and that solely provides educational programs for total charges of two thousand five hundred dollars ($2,500) or less when no part of the total charges is paid from state or federal student financial aid programs. The bureau may adjust this cost threshold based upon the California Consumer Price Index and post notification of the adjusted cost threshold on its Internet Web site, as the bureau determines, through the promulgation of regulations, that the adjustment is consistent with the intent of this chapter. -(g) A law school that is accredited by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association or a law school or law study program that is subject to the approval, regulation, and oversight of the Committee of Bar Examiners, pursuant to Sections 6046.7 and 6060.7 of the Business and Professions Code. -(h) A nonprofit public benefit corporation that satisfies all of the following criteria: -(1) Is qualified under Section 501(c)(3) of the United States Internal Revenue Code. -(2) Is organized specifically to provide workforce development or rehabilitation services. -(3) Is accredited by an accrediting organization for workforce development or rehabilitation services recognized by the Department of Rehabilitation. -(i) An institution that is accredited by the Accrediting Commission for Senior Colleges and Universities, Western Association of Schools and Colleges, or the Accrediting Commission for Community and Junior Colleges, Western Association of Schools and Colleges. -(j) An institution that satisfies all of the following criteria: -(1) The institution has been accredited, for at least 10 years, by an accrediting agency that is recognized by the United States Department of Education. -(2) The institution has operated continuously in this state for at least 25 years. -(3) During its existence, the institution has not filed for bankruptcy protection pursuant to Title 11 of the United States Code. -(4) The institution’s cohort default rate on guaranteed student loans does not exceed 10 percent for the most recent three years, as published by the United States Department of Education. -(5) The institution maintains a composite score of 1.5 or greater on its equity, primary reserve, and net income ratios, as provided under Section 668.172 of Title 34 of the Code of Federal Regulations. -(6) The institution provides a pro rata refund of unearned institutional charges to students who complete 75 percent or less of the period of attendance. -(7) The institution provides to all students the right to cancel the enrollment agreement and obtain a refund of charges paid through attendance at the second class session, or the 14th day after enrollment, whichever is later. -(8) The institution submits to the bureau copies of its most recent IRS Form 990, the institution’s Integrated Postsecondary Education Data System Report of the United States Department of Education, and its accumulated default rate. -(9) The institution is incorporated and lawfully operates as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code and is not managed or administered by an entity for profit. -(k) Flight instruction providers or programs that provide flight instruction pursuant to Federal Aviation Administration regulations and meet both of the following criteria: -(1) The flight instruction provider or program does not require students to enter into written or oral contracts of indebtedness. -(2) The flight instruction provider or program does not require or accept prepayment of instruction-related costs in excess of two thousand five hundred dollars ($2,500).","Existing law, the California Private Postsecondary Education Act of 2009, provides, among other things, for student protections and regulatory oversight of private postsecondary institutions in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. The act exempts an institution from its provisions, if any of a list of specific criteria are met. -This bill would exempt from the provisions of the act a bona fide organization, association, or council that offers preapprenticeship training programs on behalf of one or more labor-management apprenticeship programs that are approved by the Division of Apprenticeship Standards if the organization, association, or council satisfies specified requirements.","An act to amend Section 94874 of the Education Code, relating to private postsecondary education." -529,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 15277.5 is added to the Government Code, to read: -15277.5. -The division shall require its California 911 Emergency Communications Branch to work with the Department of the California Highway Patrol to continue the work of the Routing on Empirical Data (RED) Project by using the technology and procedures employed in that project to assist in determining whether wireless 911 calls should be routed to a local public safety answering point or a California Highway Patrol call center. The project pursuant to this section shall use historical empirical call data to determine the most efficient routing for wireless 911 calls. -SECTION 1. -SEC. 2. -Section 41030 of the Revenue and Taxation Code, as added by Section 6 of Chapter 885 of the Statutes of 2014, is repealed. -SEC. 2. -SEC. 3. -Section 41030 of the Revenue and Taxation Code, as amended by Chapter 926 of the Statutes of 2014, is amended to read: -41030. -(a) The Office of Emergency Services shall determine annually, on or before October 1, to be effective on January 1 of the following year, a surcharge rate pursuant to subdivision (b) that it estimates will produce sufficient revenue to fund the current fiscal year’s 911 costs. -(b) Commencing with the calculation made October 1, 2015, to be effective January 1, 2016, the surcharge shall be determined by the Office of Emergency Services using estimates for the current fiscal year of 911 costs approved pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code for the period of January 1 to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be less than fifteen cents ($0.15) per month or greater than seventy-five cents ($0.75) per month. -(c) When determining the surcharge rates pursuant to this section, the office shall include the costs it expects to incur to plan, test, implement, and operate Next Generation 911 technology and services, including text to 911 service, consistent with the plan and timeline required by Section 53121 of the Government Code. -(d) The office shall notify the board of the surcharge rate determined pursuant to this section and the surcharge rate applicable to prepaid mobile telephony services by October 15 of each year. -(e) At least 30 days prior to determining the surcharge pursuant to subdivision (a), the Office of Emergency Services shall prepare a summary of the calculation of the proposed surcharge and make it available to the public, the Legislature, the 911 Advisory Board, and on its Internet Web site. The summary shall contain all of the following: -(1) The prior year revenues to fund 911 costs, including, but not limited to, revenues from prepaid service. -(2) Projected expenses and revenues from all sources, including, but not limited to, prepaid service to fund 911 costs. -(3) The rationale for adjustment to the surcharge determined pursuant to subdivision (b), including, but not limited to, all impacts from the surcharge collected pursuant to Part 21 (commencing with Section 42001). -(f) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 3. -SEC. 4. -Section 41030 of the Revenue and Taxation Code, as added by Chapter 926 of the Statutes of 2014, is amended to read: -41030. -(a) The Office of Emergency Services shall determine annually, on or before October 1, a surcharge rate that it estimates will produce sufficient revenue to fund the current fiscal year’s 911 costs. The surcharge rate shall apply for the period of January 1 to December 31, inclusive, of the next succeeding calendar year, but in no event shall the surcharge rate in any year be less than fifteen cents ($0.15) per month or greater than seventy-five cents ($0.75) per month. -(b) When determining the surcharge rate, the office shall include the costs it expects to incur to plan, test, implement, and operate Next Generation 911 technology and services, including text to 911 service, consistent with the plan and timeline required by Section 53121 of the Government Code. -(c) At least one month before determining the surcharge rate pursuant to subdivision (a), the office shall prepare a summary of the calculation of the proposed surcharge and make it available to the Legislature and the 911 Advisory Board, and on the office’s Internet Web site. -(d) This section shall become operative on January 1, 2020. -SEC. 4. -SEC. 5. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to -restart the Routing on Empirical Data (RED) Project for efficient routing of wireless 911 calls and to -fully fund the “911” emergency telephone number system, it is necessary that this act take effect immediately.","Existing law establishes the Public Safety Communications Division within the Office of Emergency Services, under the supervision of a chief, to carry out specific duties relating to state needs and plans for public safety communications systems and equipment. -This bill would require the division to require its California 911 Emergency Communications Branch to work with the Department of the California Highway Patrol to continue the work of the Routing on Empirical Data (RED) Project by using the technology and procedures employed in that project to assist in determining whether wireless 911 calls should be routed to a local public safety answering point or a California Highway Patrol call center. The bill would require that the project use historical empirical call data to determine the most efficient routing for wireless 911 calls. -The Emergency Telephone Users Surcharge Act generally imposes a surcharge on amounts paid by every person in the state for intrastate telephone service to provide revenues sufficient to fund “911” emergency telephone system costs, and requires the Office of Emergency Services to annually determine the surcharge rate, subject to a specified formula, that it estimates will produce sufficient revenue to fund the current fiscal year’s 911 costs, as specified. -This bill would instead impose the surcharge at a flat monthly rate of between $0.15 and $0.75, determined annually by the office. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to -add Section 15277.5 to the Government Code, and to -repeal and amend Section 41030 of the Revenue and Taxation Code, relating to emergency services, and declaring the urgency thereof, to take effect immediately." -530,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3212 of the Labor Code is repealed. -SEC. 2. -Section 3212 is added to the Labor Code, to read: -3212. -(a) As used in this act, the term “injury” includes both of the following: -(1) With respect to the following members, a hernia, when any part of the hernia develops or manifests itself during a period while the member is in the service of the office, staff, division, department, or unit: -(A) Members of a sheriff’s office or the California Highway Patrol, district attorney’s staff of inspectors and investigators, or police or fire departments of cities, counties, cities and counties, districts, or other public or municipal corporations or political subdivisions, whether those members are volunteers, or are partly paid or fully paid. -(B) Active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting or of any county forestry or firefighting department or unit, whether those members are volunteers, or are partly paid or fully paid. -(C) Members of the warden service of the Wildlife Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service. -(D) Regular salaried county or city and county peace officers. -(E) Full-time peace officers, other than those described in subparagraph (A) or (D), as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. -(F) -Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a -A -custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. -(2) With respect to the following members, pneumonia and heart trouble that develops or manifests itself during a period while the member is in the service of the department: -(A) Members of fire departments. -(B) Members of county forestry or firefighting departments. -(C) Active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting. -(D) Members of the warden service of the Wildlife Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service. -(E) -Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a -A -custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. -(b) The compensation that is awarded for the hernia, heart trouble, or pneumonia shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers’ compensation laws of this state. -(c) Hernia, heart trouble, or pneumonia developing or manifesting as described in this section shall be presumed to arise out of and in the course of employment. This presumption is disputable and may be controverted by other evidence, but unless controverted by other evidence, the appeals board is bound to find in accordance with it. The presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. -(d) Hernia, heart trouble, or pneumonia developing or manifesting as described in this section shall not be attributed to any disease existing prior to that development or manifestation. -(e) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, firefighting, or emergency first aid response service, such as stenographers, receptionists, and other office workers. -SEC. 3. -Section 3212.1 of the Labor Code is amended to read: -3212.1. -(a) This section applies to all of the following: -(1) Active firefighting members, whether those members are volunteers, or are partly paid or fully paid, of all of the following fire departments: -(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision. -(B) A fire department of the University of California and the California State University. -(C) The Department of Forestry and Fire Protection. -(D) A county forestry or firefighting department or unit. -(2) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters. -(3) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code. -(4) Part-time peace officers, as defined in Section 830.1, subdivision (a) of Section 830.2, and subdivisions (a) and (b) of Section 830.37, of the Penal Code, who are primarily engaged in active law enforcement activities, and full-time peace officers described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. -(5) (A) Fire and rescue services coordinators who work for the Office of Emergency Services. -(B) For purposes of this paragraph, “fire and rescue services coordinators” means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator. -(6) -Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a -A -custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. -(b) The term “injury,” as used in this division, includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. -(c) The compensation that is awarded for cancer shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division. -(d) The cancer so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer. Unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 120 months in any circumstance, commencing with the last date actually worked in the specified capacity. -(e) The amendments to this section enacted during the 1999 portion of the 1999–2000 Regular Session shall be applied to claims for benefits filed or pending on or after January 1, 1997, including, but not limited to, claims for benefits filed on or after that date that have previously been denied, or that are being appealed following denial. -(f) This section shall be known, and may be cited, as the William Dallas Jones Cancer Presumption Act of 2010. -SEC. 4. -Section 3212.5 of the Labor Code is repealed. -SEC. 5. -Section 3212.5 is added to the Labor Code, to read: -3212.5. -(a) The term “injury” as used in this division includes heart trouble and pneumonia that develops or manifests itself during a period while a person described in this subdivision is in the service of the agency, department, or office as described in this subdivision, and the compensation that is awarded for heart trouble or pneumonia as described in this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division for the following persons when those persons are employed upon a regular, full-time salary: -(1) A peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who is employed on a regular, full-time salary. -(2) An inspector or investigator in a district attorney’s office of a county who is employed on a regular, full-time salary. -(3) -Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a -A -custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. -(b) The heart trouble or pneumonia so developing or manifesting itself shall be presumed to arise out of and in the course of the employment; provided, however, that the person shall have served five years or more in that capacity before the presumption shall arise as to the compensability of heart trouble so developing or manifesting itself. This presumption is disputable and may be controverted by other evidence, but, unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. -(c) The heart trouble or pneumonia so developing or manifesting itself in these cases shall in no case be attributed to any disease existing prior to its development or manifestation. -SEC. 6. -Section 3212.6 of the Labor Code is repealed. -SEC. 7. -Section 3212.6 is added to the Labor Code, to read: -3212.6. -(a) (1) The term “injury” includes tuberculosis that develops or manifests itself during a period while a person described in this paragraph is in the service of the agency, department, or office as described in this paragraph and the compensation that is awarded for the tuberculosis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division for the following persons: -(A) A peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code if that person is employed upon a regular, full-time salary. -(B) An inspector or investigator in a district attorney’s office of a county who is employed on a regular, full-time salary. -(C) A prison or jail guard or correctional officer who is employed by a public agency if that person is employed upon a regular, full-time salary. -(D) -Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a -A -custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if that person is employed upon a regular, full-time salary. -(E) A member of a fire department of any city, county, or district, or other public or municipal corporations or political subdivisions, if that person is employed on a regular, fully paid basis. -(F) An active firefighting member of the Department of Forestry and Fire Protection whose duties require firefighting and first aid response services, or of a county forestry or firefighting department or unit, if that person is employed on a regular, fully paid basis. -(2) The tuberculosis developing or manifesting itself as described in paragraph (1) shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person described in paragraph (1) following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. -(b) A public entity may require applicants for employment in firefighting positions who would be entitled to the benefits granted by this section to be tested for infection for tuberculosis. -(c) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, firefighting, or emergency first aid response service, such as stenographers, receptionists, and other office workers. -SEC. 8. -Section 3212.85 of the Labor Code is repealed. -SEC. 9. -Section 3212.85 is added to the Labor Code, to read: -3212.85. -(a) The term “injury,” as used in this division, includes illness or resulting death due to exposure to a biochemical substance that develops or occurs during a period in which a person described in this subdivision is in the service of the agency, department, or unit as described in this subdivision: -(1) A part-time peace officer described in Sections 830.1 to 830.5, inclusive, of, or a full-time peace officer described in, Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. -(2) A member of a fire department. -(3) -Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a -A -custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. -(b) The compensation that is awarded for injury pursuant to this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division. -(c) The injury that develops or manifests itself in these cases shall be presumed to arise out of, and in the course of, the employment. This presumption is disputable and may be controverted by other evidence. Unless controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a person described in subdivision (a) following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. -(d) For purposes of this section, the following definitions apply: -(1) “Biochemical substance” means any biological or chemical agent that may be used as a weapon of mass destruction, including, but not limited to, any chemical warfare agent, weaponized biological agent, or nuclear or radiological agent, as these terms are defined in Section 11417 of the Penal Code. -(2) “Member of a fire department” includes, but is not limited to, an apprentice, volunteer, partly paid, or fully paid member of any of the following: -(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision. -(B) A fire department of the University of California and the California State University. -(C) The Department of Forestry and Fire Protection. -(D) A county forestry or firefighting department or unit. -SEC. 10. -Section 3212.9 of the Labor Code is repealed. -SEC. 11. -Section 3212.9 is added to the Labor Code, to read: -3212.9. -(a) The term “injury” includes meningitis that develops or manifests itself when one of the following persons is in the service of the agency, department, or unit as described in this subdivision and the compensation that is awarded for meningitis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by this division: -(1) A peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 -of the -Penal Code who is employed on a regular, full-time salary. -(2) An inspector or investigator in a district attorney’s office of a county whose principal duties consist of active law enforcement service and who is employed on a regular, full-time salary. -(3) A member of a fire department of any city, county, or district, or other public or municipal corporation or political subdivision, or a county forestry or firefighting department or unit, who is employed on a regular, full-time salary. -(4) -Upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a -A -custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who is employed on a regular, full-time salary. -(b) For purposes of this section, meningitis shall be presumed to arise out of, and in the course of, the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. -(c) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, or firefighting, such as stenographers, receptionists, and other office workers.","Existing law establishes a workers’ compensation system to compensate an employee for injuries arising out of, and in the course of, his or her employment. Existing law designates illnesses and conditions that constitute a compensable injury for various employees, such as California Highway Patrol members, firefighters, and certain peace officers. These injuries include, but are not limited to, hernia, pneumonia, heart trouble, cancer, meningitis, and exposure to a biochemical substance when the illness or condition develops or manifests itself during a period when the officer or employee is in service of his or her employer, as specified. -This bill would expand the coverage of the above provisions relating to compensable injury, to include other, full-time peace officers described pursuant to specified provisions of law. The bill would also expand the coverage of these provisions to -include, upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, -include -a custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer to whom these provisions already apply. The bill would also make technical and clarifying changes.","An act to amend Section 3212.1 of, and to repeal and add Sections 3212, 3212.5, 3212.6, 3212.85, and 3212.9 of, the Labor Code, relating to workers’ compensation." -531,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25132 of the Government Code is amended to read: -25132. -(a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action. -(b) Every violation determined to be an infraction is punishable by the following: -(1) A fine not exceeding one hundred dollars ($100) for a first violation. -(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year. -(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year. -(c) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by an administrative fine described in Section 53069.4 or by one of the following: -(1) A fine not exceeding one hundred dollars ($100) for a first violation. -(2) A fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year. -(3) A fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation. -SEC. 2. -Section 53069.4 of the Government Code is amended to read: -53069.4. -(a) (1) The legislative body of a local agency, as the term “local agency” is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in subdivision (b) of Section 25132 and subdivision (b) of Section 36900. -(2) Notwithstanding paragraph (1), the amount of an administrative fine for a one-time violation of a county building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, that is determined to be an infraction shall be based upon the severity of the threat to public health and safety and shall not exceed the following: -(A) For the first violation, an amount that does not exceed five thousand dollars ($5,000) or the amount of the permit fee required by the ordinance multiplied by three, whichever is less. In the absence of a permit fee, an amount that does not exceed one thousand dollars ($1,000). -(B) For the second violation of the same ordinance within five years of the first violation, an amount that does not exceed ten thousand dollars ($10,000) or the amount of the permit fee required by the ordinance multiplied by five, whichever is less. In the absence of a permit fee, an amount that does not exceed two thousand five hundred dollars ($2,500). -(C) For the third violation and subsequent violations of the same ordinance within five years of the first violation, an amount that is greater than ten thousand dollars ($10,000), but does not exceed fifteen thousand dollars ($15,000). In the absence of a permit fee, an amount that does not exceed five thousand dollars ($5,000). -(D) Notwithstanding subparagraphs (A) to (C), inclusive, an administrative fine assessed pursuant to this paragraph shall not exceed five hundred dollars ($500) unless both of the following findings are made in the administrative record prior to the assessment of the administrative fine: -(i) The person who violated the ordinance did so willingly or the violation resulted in an unusual and significant threat to the public health and safety. -(ii) The payment of the administrative fine would not impose an undue financial hardship on the person responsible for the payment. -(E) For purposes of this paragraph, “a one-time violation” means a violation that is not a continuing violation and cannot be corrected or cured, including, but not limited to, a violation of permit conditions or a use violation. -(3) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety. -(b) (1) Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agency’s file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant. -(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agency’s file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court. -(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. -(c) If no notice of appeal of the local agency’s final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed. -(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.","Existing law authorizes the legislative body of a city, county, or city and county to collect any fee, cost, or charge incurred in specified activities, including the abatement of public nuisances, enforcement of specified zoning ordinances, inspections and abatement of violations of the State Housing Law, inspections and abatement of violations of the California Building Standards Code, and inspections and abatement of violations related to local ordinances that implement these laws. Existing law limits the amount of this fee, cost, or charge to the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest. -Existing law authorizes the legislative body of a local agency to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, as specified. For violations of city or county building and safety codes determined to be an infraction, existing law limits the amount of the fine to $100 for a first violation, $500 for a 2nd violation of the same ordinance within one year, and $1,000 for each additional violation of the same ordinance within one year of the first violation. -This bill would authorize a county to establish administrative fines, not to exceed specified limits, for violations of certain county ordinances, including a county building and safety ordinance, brush removal ordinance, grading ordinance, film permit ordinance, or zoning ordinance, determined to be an infraction, subject to certain county findings.","An act to amend Sections 25132 and 53069.4 of the Government Code, relating to local government." -532,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17053.88 of the Revenue and Taxation Code is amended to read: -17053.88. -(a) In the case of a qualified taxpayer that donates to a food bank any qualified donation items that are accepted by that food bank located in California under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code, for taxable years beginning on or after January 1, 2012, and before January 1, 2021, there shall be allowed, without regard to the taxpayer’s method of accounting, as a credit against the “net tax” (as defined by Section 17039), an amount equal to 15 percent of the qualified value of the qualified donation items, but in no event shall this amount be less than the amount that otherwise would have been calculated and allowed under this section as added by Chapter 503 of the Statutes of 2011. -(b) For purposes of this section, the following definitions shall apply: -(1) “Qualified donation item” means fresh fruits or fresh vegetables and the following raw agricultural products or processed foods: -(A) All of the following: -(i) “Fruits, nuts, or vegetables” as defined in Section 42510 of the Food and Agricultural Code. -(ii) “Meat food product” as defined in Section 18665 of the Food and Agricultural Code. -(iii) “Poultry” as defined in Section 18675 of the Food and Agricultural Code. -(iv) “Eggs” as defined in Section 75027 of the Food and Agricultural Code. -(v) “Fish” as defined in Section 58609 of the Food and Agricultural Code. -(B) All of the following food as defined in Section 109935 of the Health and Safety Code: -(i) Rice. -(ii) Beans. -(iii) Fruit, nuts, and vegetables in canned, frozen, dried, dehydrated, and 100 percent juice forms. -(iv) Any cheese, milk, yogurt, butter, and dehydrated milk meeting the requirements in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. -(v) Infant formula subject to Section 114094.5 of the Health and Safety Code. -(vi) Vegetable oil and olive oil. -(vii) Soup, pasta sauce, and salsa. -(viii) Bread and pasta. -(ix) Canned meats and canned seafood. -(2) “Qualified taxpayer” means the person responsible for planting a crop, managing the crop, harvesting the crop from land, growing or raising a qualified donation item, or harvesting, packing, or processing a qualified donation item. -(3) “Qualified value” means either of the following: -(A) The qualified value shall be calculated by using the weighted average wholesale sale price based on the qualified taxpayer’s total wholesale sales of the donated item sold within the calendar month of the qualified taxpayer’s donation. -(B) If no wholesale sales of the donated item have occurred in the calendar month of the qualified taxpayer’s donation, the qualified value shall be equal to the nearest regional wholesale market price for the calendar month of the donation based upon the same grade products as published by the United States Department of Agriculture’s Agricultural Marketing Service, or its successor. -(c) If the credit allowed by this section is claimed by the qualified taxpayer, any deduction otherwise allowed under this part for that amount of the cost paid or incurred by the qualified taxpayer that is eligible for the credit shall be reduced by the amount of the credit provided in subdivision (a). -(d) The donor shall provide to the food bank the qualified value of the donation items and information regarding the origin of where the donation items were grown, processed, or both grown and processed. Upon receipt and acceptance of the donation items, the food bank shall provide a certificate to the donor. The certificate shall contain a statement signed and dated by a person authorized by the food bank that the donation items are accepted under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code. The certificate shall also contain the type, grade, and quantity of items donated, the name of the donor or donors, the name and address of the food bank, and, as provided by the donor, the origin of the donated items, and the qualified value of the donated items, as described in subdivision (a). Upon the request of the Franchise Tax Board, the qualified taxpayer shall provide a copy of the certification to the Franchise Tax Board. -(e) The credit allowed by this section may be claimed only on a timely filed original return. -(f) In the case where the credit allowed by this section exceeds the “net tax,” the excess may be carried over to reduce the “net tax” in the following year, and for the six succeeding years if necessary, until the credit has been exhausted. -(g) Using the information available to the Franchise Tax Board from the certificates required under subdivision (d) and subdivision (d) of Section 23688, the Franchise Tax Board shall report to the Legislature on or before December 1, 2014, and each December 1 thereafter until the inoperative date specified in paragraph (2) of subdivision (h), regarding the utilization of the credit authorized by this section and Section 23688. The Franchise Tax Board shall also include in the report the estimated value of the qualified donation items, the origin of the qualified donation items, and the month the donation was made. -(h) (1) A report required to be submitted pursuant to subdivision (g) shall be submitted in compliance with Section 9795 of the Government Code. -(2) The requirement for submitting a report imposed under subdivision (g) is inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code. -(i) This section shall be repealed on December 1, 2021. -SEC. 2. -Section 23688 of the Revenue and Taxation Code is amended to read: -23688. -(a) In the case of a qualified taxpayer that donates to a food bank any qualified donation items that are accepted by that food bank located in California under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code, for taxable years beginning on or after January 1, 2012, and before January 1, 2021, there shall be allowed, without regard to the taxpayer’s method of accounting, as a credit against the “tax” (as defined by Section 23036), an amount equal to 15 percent of the qualified value of the qualified donation items, but in no event shall this amount be less than the amount that otherwise would have been calculated and allowed under this section as added by Chapter 503 of the Statutes of 2011. -(b) For purposes of this section, the following definitions shall apply: -(1) “Qualified donation item” means fresh fruits or fresh vegetables and the following raw agricultural products or processed foods: -(A) All of the following: -(i) “Fruits, nuts, or vegetables” as defined in Section 42510 of the Food and Agricultural Code. -(ii) “Meat food product” as defined in Section 18665 of the Food and Agricultural Code. -(iii) “Poultry” as defined in Section 18675 of the Food and Agricultural Code. -(iv) “Eggs” as defined in Section 75027 of the Food and Agricultural Code. -(v) “Fish” as defined in Section 58609 of the Food and Agricultural Code. -(B) All of the following food as defined in Section 109935 of the Health and Safety Code: -(i) Rice. -(ii) Beans. -(iii) Fruit, nuts, and vegetables in canned, frozen, dried, dehydrated, and 100 percent juice forms. -(iv) Any cheese, milk, yogurt, butter, and dehydrated milk meeting the requirements in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. -(v) Infant formula subject to Section 114094.5 of the Health and Safety Code. -(vi) Vegetable oil and olive oil. -(vii) Soup, pasta sauce, and salsa. -(viii) Bread and pasta. -(ix) Canned meats and canned seafood. -(2) “Qualified taxpayer” means the person responsible for planting a crop, managing the crop, harvesting the crop from land, growing or raising a qualified donation item, or harvesting, packing, or processing a qualified donation item. -(3) “Qualified value” means either of the following: -(A) The qualified value shall be calculated by using the weighted average wholesale sale price based on the qualified taxpayer’s total wholesale sales of the donated item sold within the calendar month of the qualified taxpayer’s donation. -(B) If no wholesale sales of the donated item have occurred in the calendar month of the qualified taxpayer’s donation, the qualified value shall be equal to the nearest regional wholesale market price for the calendar month of the donation based upon the same grade products as published by the United States Department of Agriculture’s Agricultural Marketing Service, or its successor. -(c) If the credit allowed by this section is claimed by the qualified taxpayer, any deduction otherwise allowed under this part for that amount of the cost paid or incurred by the qualified taxpayer that is eligible for the credit shall be reduced by the amount of the credit provided in subdivision (a). -(d) The donor shall provide to the food bank the qualified value of the donation items and information regarding the origin of where the donation items were grown, processed, or both grown and processed. Upon receipt and acceptance of the donation items, the food bank shall provide a certificate to the donor. The certificate shall contain a statement signed and dated by a person authorized by the food bank that the donation items are accepted under Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code. The certificate shall also contain the type, grade, and quantity of items donated, the name of the donor or donors, the name and address of the food bank, and, as provided by the donor, the origin of the donated items, and the qualified value of the donated items, as described in subdivision (a). Upon the request of the Franchise Tax Board, the qualified taxpayer shall provide a copy of the certification to the Franchise Tax Board. -(e) The credit allowed by this section may be claimed only on a timely filed original return. -(f) In the case where the credit allowed by this section exceeds the “tax,” the excess may be carried over to reduce the “tax” in the following year, and for the six succeeding years if necessary, until the credit has been exhausted. -(g) This section shall be repealed on December 1, 2021. -SEC. 3. -The heading of Chapter 14.5 (commencing with Section 18995) of Part 6 of Division 9 of the Welfare and Institutions Code is amended to read: -CHAPTER 14.5. The CalFood Program -SEC. 4. -Section 18995 of the Welfare and Institutions Code is amended to read: -18995. -(a) On and after January 1, 2016, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the “CalFood Program.” The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households. -(b) The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions. -(c) Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply: -(1) All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program fund’s annual budget. -(2) Notwithstanding paragraph (1), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in paragraph (1), and shall, in part, be used to pay for the department’s administrative costs associated with the administration of the CalFood Program.","(1) The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including, for taxable years beginning on or after January 1, 2012, and before January 1, 2017, a credit for qualified taxpayers, defined as the person responsible for planting a crop, managing the crop, and harvesting the crop from the land, in an amount equal to 10% of the cost that would otherwise be included in, or required to be included in, inventory costs, as specified under federal law, with respect to the donation of fresh fruits or fresh vegetables to food banks located in California. -This bill, under both laws, would expand the credit to apply to the donation of qualified donation items, defined as raw agricultural products or processed foods. The bill would expand the definition of qualified taxpayer to also include the person responsible for growing or raising a qualified donation item, or harvesting, packing, or processing a qualified donation item. The bill would modify the credit amount to instead equal 15% of the qualified value, as defined, of the qualified donation items, but not less than an amount that would otherwise be calculated and allowed under existing law. The bill would extend the operation of the credit to taxable years before January 1, 2021, and would require it to be claimed on a timely filed original return. The bill would make various conforming changes and would also make a nonsubstantive change to the personal income tax provision. -(2) Existing law requires the State Department of Social Services to establish and administer the State Emergency Food Assistance Program (SEFAP), to provide food and funding for the provision of emergency food to food banks, as provided. Existing law creates the State Emergency Food Assistance Program Account and, upon appropriation by the Legislature, would allocate the moneys in the account to SEFAP and require that those moneys be used for the purchase, storage, and transportation of food grown or produced in California and for the department’s administrative costs. -This bill would rename the State Emergency Food Assistance Program (SEFAP) as the CalFood Program and would rename the State Emergency Food Assistance Program Account as the CalFood Account. The bill would make other conforming changes in this regard.","An act to amend Sections 17053.88 and 23688 of the Revenue and Taxation Code, and to amend Section 18995 of, and to amend the heading of Chapter 14.5 (commencing with Section 18995) of Part 6 of Division 9 of, the Welfare and Institutions Code, relating to food banks." -533,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 147.6 is added to the Labor Code, to read: -147.6. -(a) The board shall, by June 1, 2017, adopt a standard developed by the division that requires employers performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel. -(b) The standard adopted pursuant to subdivision (a) shall include all of the following: -(1) A requirement that an employee performing corrosion prevention work be trained in accordance with the NACE 13/ACS 1 standard for an industrial coating and lining application specialist developed by the Society for Protective Coatings (SSPC) and the National Association of Corrosion Engineers International (NACE). -(2) A requirement that an employee who performs corrosion prevention work obtain a certification as an SSPC Level 2 Corrosion Application Specialist, or an equivalent certification. -(3) A requirement that an employer performing corrosion prevention work use at least three trained and certified employees for every one employee who is not certified, with the uncertified employee working under supervision. -(4) Provisions that allow corrosion prevention work to be performed by apprentices registered in an industrial apprenticeship program approved by the Division of Apprenticeship Standards pursuant to Section 3075 that provides training to meet the NACE 13/ACS 1 standard. -(5) Provisions that require an employer to maintain records of compliance with the standard and allow reasonable access to those records by members of the public in a manner that protects employee privacy. -(6) An appropriate phase-in period for the certification requirement that ensures full implementation of the standard by January 1, 2020. -(7) A definition of corrosion prevention work that includes surface preparation, including by abrasive blasting, and application of protective coatings and linings, including spray application, to steel and concrete surfaces for the purpose of corrosion prevention. -(8) An exception from the standard for work on sheet metal and ventilation systems or on plumbing and piping systems or precast concrete work that is performed offsite when the work on those systems or precast concrete work is performed by either of the following: -(A) Skilled journeypersons who are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. -(B) Apprentices registered in an apprenticeship program for the applicable occupation that is approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075. -(9) An exception from the standard if the surface to be prepared and the surface to be coated are both smaller than 100 square or 100 linear feet. -(c) This section shall not be construed to limit the authority of the standards board to adopt additional standards to protect employees performing corrosion prevention or other industrial painting work. Nothing in this section shall be interpreted to preclude the board from adopting standards that include elements or requirements additional to, or broader in scope than, those described in this section. -SECTION 1. -SEC. 2. -Section 3073.5 of the Labor Code is amended to read: -3073.5. -The Chief of the Division of Apprenticeship Standards and the California Apprenticeship Council shall annually report through the Director of Industrial Relations to the Legislature and the public on the activities of the division and the council. The report shall contain information including, but not limited to, analyses of the following: -(a) The number of individuals, including numbers of women and minorities, registered in apprenticeship programs in this state for the current year and in each of the previous five years. -(b) The number and percentage of apprentices, including numbers and percentages of minorities and women, registered in each apprenticeship program having five or more apprentices, and the percentage of those apprentices who have completed their programs successfully in the current year and in each of the previous five years. -(c) Remedial actions taken by the division to assist those apprenticeship programs having difficulty in achieving affirmative action goals or having very low completion rates. -(d) The number of disputed issues with respect to individual apprenticeship agreements submitted to the Administrator of Apprenticeship for determination and the number of those issues resolved by the council on appeal. -(e) The number of apprenticeship program applications received by the division, the number approved, the number denied and the reason for those denials, the number being reviewed, and deficiencies, if any, with respect to those program applications being reviewed. -(f) The number of apprenticeship programs, approved by the Division of Apprenticeship Standards, that are disapproved by the California Apprenticeship Council, and the reasons for those disapprovals. -(g) Any apprenticeship standards or regulations that were proposed or adopted in the previous year. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The California Occupational Safety and Health Act of 1973 provides the Division of Occupational Safety and Health within the Department of Industrial Relations with the power, jurisdiction, and supervision over all employment and places of employment necessary to enforce and administer all occupational health and safety laws and to protect employees. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. -This bill would require the board, by June 1, 2017, to adopt a standard that requires an employer performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel, as specified. Because certain violations of these new requirements would be a misdemeanor, the bill would impose a state-mandated local program. -Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices. -Existing law also establishes the California Apprenticeship Council within the Division of Apprenticeship Standards, and requires the council to aid the director in formulating policies with respect to apprentice regulation. -Existing law requires the Chief of the Division of Apprenticeship Standards and the California Apprenticeship Council to report annually through the Director of Industrial Relations on the activities of the division and the council, and further requires that the report include specified information with respect to apprenticeship programs in this state. -This bill would require the report to include an analysis of any apprenticeship standards or regulations that were proposed or adopted in the previous year. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 3073.5 -of -of, and to add Section 147.6 to, -the Labor Code, relating to -apprenticeship. -private employment." -534,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California has been a national leader in promoting service and volunteerism, including support for youth service and the conservation corps, service learning, and statewide mentor initiatives. -(b) Service learning is a powerful instructional strategy for improving the educational performance of pupils, along with contributing to the development of character, values, self-esteem, civic responsibility, and knowledge of local community issues and concerns. -(c) This act is based on the results of numerous research studies that identify the following benefits associated with pupils who engage in quality service learning programs infusing well-planned service activity into the school curriculum, including, but not necessarily limited to, all of the following: -(1) Pupil academic achievement increases, as demonstrated by higher standardized test scores and by higher grade point averages. -(2) Pupils are less likely to drop out of school. -(3) Pupils are less likely to have discipline problems, or to engage in behaviors that lead to pregnancy or arrest. -(4) Pupils are likely to maintain higher attendance rates in school. -(5) Pupils are more likely to develop a sense of civic responsibility and an ethic of service in their communities. -(6) Pupils report greater acceptance of cultural diversity and show increased awareness of cultural differences, including positive attitudes toward helping others. -(7) Pupils show increases in measures of personal and social responsibility, perceive themselves to be more socially competent, and are more likely to increase their sense of self-esteem and self-efficacy. -(d) This act is intended to promote volunteer service performed by pupils, since research has demonstrated many positive outcomes of pupil volunteer service, including, but not necessarily limited to, all of the following: -(1) Senior pupils who are engaged in volunteer work, whether through school or on their own, are likely to have significantly higher civics assessment scale scores than pupils who did not participate in volunteer work as reported by the National Assessment of Educational Progress in 1998. -(2) Community leaders report that service learning partnerships help build more positive community attitudes toward youth. -(3) Schools that support service learning and community service are more likely to have positive relationships with their community. -SEC. 2. -Section 51221.1 is added to the Education Code, to read: -51221.1. -(a) The Superintendent shall develop curriculum standards for -social studies -courses that incorporate a service learning component in order to satisfy the requirements of -subparagraph (D) of paragraph (1) -paragraph (3) -of subdivision (a) of Section 51225.3. In developing the curriculum standards under this section, the Superintendent shall consult with leaders of community organizations, pupils, parents, classroom teachers, school administrators, postsecondary educators, representatives of business and industry, and other persons with knowledge or experience the Superintendent deems appropriate to the task of developing these curriculum standards. The persons the Superintendent consults with pursuant to this section shall represent, as much as feasible, the diverse regions and socioeconomic communities of this state. -(b) -(1) -The Superintendent shall submit the proposed curriculum standards developed under subdivision (a) to the state board for its review on or before -July 1, 2016. -March 1, 2017. -The state board shall adopt -or reject -curriculum standards that incorporate a service learning component into -social studies -courses on or before -January -July -1, 2017. -These -If the state board adopts the proposed curriculum standards, the -curriculum standards shall be implemented by school districts, commencing with the 2017–18 school year, as a component of -social studies -courses in order to satisfy the requirements of -subparagraph (D) of -paragraph -(1) -(3) -of subdivision (a) of Section 51225.3. -(2) If the state board rejects the curriculum standards proposed under this subdivision, the state board shall submit a written explanation of the reasons why the proposed curriculum standards were rejected to the Superintendent, the Legislature, and the Governor. -SEC. 3. -Section 51225.3 of the Education Code, as amended by Section 2 of Chapter 888 of the Statutes of 2014, is amended to read: -51225.3. -(a) A pupil shall complete -coursework in accordance with -all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school: -(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified: -(A) Three courses in English. -(B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35. -(C) Two courses in science, including biological and physical sciences. -(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics. -Commencing with the high school class graduating during the 2020–21 school year, and for the high school classes graduating in each subsequent school year, at least one of the classes completed by a pupil to satisfy the requirements of this subparagraph shall have a service learning component. -(E) One course in visual or performing arts or foreign language. For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language. -(F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code. -(2) Other coursework requirements adopted by the governing board of the school district. -(3) (A) Commencing with the high school class graduating during the 2020–21 school year, and for the high school classes graduating in each subsequent school year, at least one of the courses completed by a pupil to satisfy the requirements of this subdivision shall have a service learning component. -(B) For purposes of this subdivision, “service learning” is defined as follows: -(i) It is a method through which pupils or participants learn and develop through active participation in thoughtfully organized service that: (I) is conducted in, and meets the needs of, a community; (II) is coordinated with a secondary school and with the community; and (III) helps foster civic responsibility. -(ii) It is a method that: (I) is integrated into, and enhances, the standards-based academic curriculum of the pupils; and (II) provides structured time for the pupils or participants to reflect on the service experience. -(b) The governing board of the school district, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public. -(c) If a pupil completed a career technical education course that met the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, as amended by the act adding this section, before the inoperative date of that section, that course shall be deemed to fulfill the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of this section. -(d) This section shall become operative upon the date that Section 51225.3, as amended by the act adding this section, becomes inoperative. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes a system of public elementary and secondary schools in this state, and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law prescribes the course of study a pupil is required to complete while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. These requirements include the completion of 3 courses in social studies, including one-year courses in United States history and geography and world history, culture, and geography, and one-semester courses in American government and economics. -This bill would express legislative findings and declarations relating to service learning. The bill would additionally require, commencing with the high school class graduating during the 2020–21 school year, and for the high school classes graduating in each subsequent school year, at least one of the -social studies classes -courses -completed by a pupil to satisfy the graduation requirements referenced above to have a service learning component. -The bill would define “service learning” for this purpose. -The bill would require the Superintendent of Public Instruction to develop curriculum standards for -social studies -courses that incorporate a service learning component in order to satisfy the requirements of this bill. The bill would require the Superintendent to consult with leaders of community organizations, pupils, parents, classroom teachers, school administrators, postsecondary educators, representatives of business and industry, and other persons with knowledge or experience the Superintendent deems appropriate to the task of developing these curriculum standards. The bill would require the Superintendent to submit these proposed curriculum standards to the State Board of Education on or before -July 1, 2016, -March 1, 2017, -and for the state board to adopt -or reject -curriculum standards that incorporate a service learning component into -social studies -courses on or before -January -July -1, 2017. -The -If the state board adopts these proposed curriculum standards, the -bill would require -these -the -curriculum standards to be implemented by school districts, commencing with the 2017–18 school year, as a component of -social studies -courses in order to satisfy the graduation requirements enacted by this bill. To the extent the implementation of these curriculum standards would impose new duties on school districts, this bill would constitute a state-mandated local program. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 51225.3 of, and to add Section 51221.1 to, the Education Code, relating to school curriculum." -535,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 20020 of the Business and Professions Code is amended to read: -20020. -Except as otherwise provided by this chapter, no franchisor may terminate a franchise prior to the expiration of its term, except for good cause. Except as provided in Section 20021, good cause shall be limited to the failure of the franchisee to substantially comply with the lawful requirements imposed upon the franchisee by the franchise agreement after being given notice at least 60 days in advance of the termination and a reasonable opportunity, which in no event shall be less than 60 days from the date of the notice of noncompliance, to cure the failure. The period to exercise the right to cure shall not exceed 75 days unless there is a separate agreement between the franchisor and franchisee to extend the time. -SEC. 2. -Section 20021 of the Business and Professions Code is amended to read: -20021. -If during the period in which the franchise is in effect, there occurs any of the following events which is relevant to the franchise, immediate notice of termination without an opportunity to cure, shall be deemed reasonable: -(a) The franchisee or the business to which the franchise relates has been the subject of an order for relief in bankruptcy, judicially determined to be insolvent, all or a substantial part of the assets thereof are assigned to or for the benefit of any creditor, or the franchisee admits his or her inability to pay his or her debts as they come due; -(b) The franchisee abandons the franchise by failing to operate the business for five consecutive days during which the franchisee is required to operate the business under the terms of the franchise, or any shorter period after which it is not unreasonable under the facts and circumstances for the franchisor to conclude that the franchisee does not intend to continue to operate the franchise, unless such failure to operate is due to fire, flood, earthquake, or other similar causes beyond the franchisee’s control; -(c) The franchisor and franchisee agree in writing to terminate the franchise; -(d) The franchisee makes any material misrepresentations relating to the acquisition of the franchise business or the franchisee engages in conduct which reflects materially and unfavorably upon the operation and reputation of the franchise business or system; -(e) The franchisee fails, for a period of 10 days after notification of noncompliance, to comply with any federal, state, or local law or regulation, including, but not limited to, all health, safety, building, and labor laws or regulations applicable to the operation of the franchise; -(f) The franchisee, after curing any failure in accordance with Section 20020 engages in the same noncompliance whether or not such noncompliance is corrected after notice; -(g) The franchisee repeatedly fails to comply with one or more requirements of the franchise, whether or not corrected after notice; -(h) The franchised business or business premises of the franchise are seized, taken over, or foreclosed by a government official in the exercise of his or her duties, or seized, taken over, or foreclosed by a creditor, lienholder, or lessor, provided that a final judgment against the franchisee remains unsatisfied for 30 days (unless a supersedeas or other appeal bond has been filed); or a levy of execution has been made upon the license granted by the franchise agreement or upon any property used in the franchised business, and it is not discharged within five days of such levy; -(i) The franchisee is convicted of a felony or any other criminal misconduct which is relevant to the operation of the franchise; -(j) The franchisee fails to pay any franchise fees or other amounts due to the franchisor or its affiliate within five days after receiving written notice that such fees are overdue; or -(k) The franchisor makes a reasonable determination that continued operation of the franchise by the franchisee will result in an imminent danger to public health or safety. -(l) If the franchise expressly permits termination under such circumstances, there is a lawful termination or nonrenewal of a separate motor fuel franchise governed by provisions of the Petroleum Marketing Practices Act (15 U.S.C. Secs. 2801 to 2807, inclusive) that is operated by the franchisee or affiliate of the franchisee located at the same business premises if both franchises are granted by the same franchisor or an affiliate of the franchisor. “Affiliate” shall have the same meaning as set forth in subdivision (k) of Section 31005.5 of the Corporations Code. -SEC. 3. -Section 20022 is added to the Business and Professions Code, to read: -20022. -(a) Except as provided in this section, upon a lawful termination or nonrenewal of a franchisee, the franchisor shall purchase from the franchisee, at the value of price paid, minus depreciation, all inventory, supplies, equipment, fixtures, and furnishings purchased or paid for under the terms of the franchise agreement or any ancillary or collateral agreement by the franchisee to the franchisor or its approved suppliers and sources, that are, at the time of the notice of termination or nonrenewal, in the possession of the franchisee or used by the franchisee in the franchise business. The franchisor shall have the right to receive clear title to and possession of all items purchased from the franchisee under this section. -(b) This section shall not require the franchisor to purchase any personalized items, inventory, supplies, equipment, fixtures, or furnishings not reasonably required to conduct the operation of the franchise business in accordance with the franchise agreement or any ancillary or collateral agreement or to which the franchisee, at the cessation of operation of the franchise business by the franchisee, cannot lawfully, or does not, grant the franchisor clear title and possession upon the franchisor’s payment to the franchisee for the inventory, supplies, equipment, fixtures, or furnishings. -(c) This section shall not apply when the franchisee declines a bona fide offer of renewal from the franchisor. -(d) This section shall not apply if the franchisor does not prevent the franchisee from retaining control of the principal place of the franchise business. -(e) This section shall not apply to any termination or nonrenewal of a franchise due to a publicly announced and nondiscriminatory decision by the franchisor to completely withdraw from all franchise activity within the relevant geographic market area in which the franchise is located. For the purpose of this section “relevant geographic market area” shall have the same meaning as in Section 20999. -(f) This section shall not apply if the franchisor and franchisee mutually agree in writing to terminate or not renew the franchise. -(g) This section shall not apply to any inventory, supplies, equipment, fixtures, or furnishings that are sold by the franchisee between the date of the notice of termination or nonrenewal, and the cessation of operation of the franchise business, by the franchisee, pursuant to the termination or nonrenewal. -(h) Upon the termination or nonrenewal of a franchise, a franchisor may offset against the amounts owed to a franchisee under this section any amounts owed by the franchisee to the franchisor. -SEC. 4. -Section 20028 is added to the Business and Professions Code, to read: -20028. -(a) It is unlawful for a franchisor to prevent a franchisee from selling or transferring a franchise, all or substantially all of the assets of the franchise business, or a controlling or noncontrolling interest in the franchise business, to another person provided that the person is qualified under the franchisor’s then-existing standards for the approval of new or renewing franchisees, these standards to be made available to the franchisee, as provided in Section 20029, and to be consistently applied to similarly situated franchisees operating within the franchise brand, and the franchisee and the buyer, transferee, or assignee comply with the transfer conditions specified in the franchise agreement. -(b) Notwithstanding subdivision (a), a franchisee shall not have the right to sell, transfer, or assign the franchise, all or substantially all of the assets of the franchise business, or a controlling or noncontrolling interest in the franchise business, without the written consent of the franchisor, except that the consent shall not be withheld unless the buyer, transferee, or assignee does not meet the standards for new or renewing franchisees described in subdivision (a) or the franchisee and the buyer, transferee, or assignee do not comply with the transfer conditions specified in the franchise agreement. -(c) This section does not prohibit a franchisor from exercising the contractual right of first refusal to purchase a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in a franchise business after receipt of a bona fide offer from a proposed purchaser to purchase the franchise, assets, or interest. A franchisor exercising the contractual right of first refusal shall offer the seller payment at least equal to the value offered in the bona fide offer. -(d) For the purpose of this section “franchise business” shall include a legal entity that is a party to a franchise agreement. -SEC. 5. -Section 20029 is added to the Business and Professions Code, to read: -20029. -(a) The franchisee shall, prior to the sale, assignment, or transfer of a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in the franchise business, to another person, notify the franchisor, of the franchisee’s intent to sell, transfer, or assign the franchise, all or substantially all of the assets of the franchise business, or the controlling or noncontrolling interest in the franchise business. The notice shall be in writing, delivered to the franchisor by business courier or by receipted mail and include all of the following: -(1) The proposed transferee’s name and address. -(2) A copy of all agreements related to the sale, assignment, or transfer of the franchise, the assets of the franchise business, or the interest in the franchise business. -(3) The proposed transferee’s application for approval to become the successor franchisee. The application shall include all forms, financial disclosures, and related information generally utilized by the franchisor in reviewing prospective new franchisees, if those forms are readily made available to the existing franchisee. If the forms are not readily available, the franchisee shall request and the franchisor shall deliver the forms to the franchisee by business courier or receipted mail within 15 calendar days. As soon as practicable after the receipt of the proposed transferee’s application, the franchisor shall notify, in writing, the franchisee and the proposed transferee of any additional information or documentation necessary to complete the transfer application. If the franchisor’s then-existing standards for the approval of new or renewing franchisees are not readily available to the franchisee when the franchisee notifies the franchisor of the franchisee’s intent to sell, transfer, or assign the franchise, the assets of the franchise business, or the controlling or noncontrolling interest in the franchise business, the franchisor shall communicate the standards to the franchisee within 15 calendar days. -(b) (1) The franchisor shall, within 60 days after the receipt of all of the necessary information and documentation required pursuant to subdivision (a), or as specified by written agreement between the franchisor and the franchisee, notify the franchisee of the approval or disapproval of the proposed sale, assignment, or transfer. The notice shall be in writing and shall be delivered to the franchisee by business courier or receipted mail. A proposed sale, assignment, or transfer shall be deemed approved, unless disapproved by the franchisor in the manner provided by this subdivision. If the proposed sale, assignment, or transfer is disapproved, the franchisor shall include in the notice of disapproval a statement setting forth the reasons for the disapproval. -(2) In any action in which the franchisor’s disapproval of a sale, assignment, or transfer pursuant to this subdivision is an issue, the reasonableness of the franchisor’s decision shall be a question of fact requiring consideration of all existing circumstances. For purposes of this paragraph, the finder of fact may be an arbitrator specified in the franchise agreement and who satisfies the requirements of Section 20040. Nothing in this paragraph shall prohibit summary judgment when the reasonableness of transfer approval or disapproval can be decided as a matter of law. -(3) This section does not require a franchisor to exercise a contractual right of first refusal. -(c) This section does not prohibit a franchisor from exercising the contractual right of first refusal to purchase a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in a franchise business after receipt of a bona fide offer from a proposed purchaser to purchase the franchise, assets, or interest. Any franchisor exercising the contractual right of first refusal shall offer the seller payment at least equal to the value offered in the bona fide offer. -(d) For the purpose of this section “franchise business” shall include a legal entity that is a party to a franchise agreement. -SEC. 6. -The heading of Article 6 (commencing with Section 20035) of Chapter 5.5 of Division 8 of the Business and Professions Code is amended to read: -Article 6. Remedies -SEC. 7. -Section 20035 of the Business and Professions Code is repealed. -SEC. 8. -Section 20035 is added to the Business and Professions Code, to read: -20035. -(a) In the event a franchisor terminates or fails to renew a franchisee, in violation of this chapter, the franchisee shall be entitled to receive from the franchisor the fair market value of the franchised business and franchise assets and any other damages caused by the violation of this chapter. -(b) A court may grant preliminary and permanent injunctions for a violation or threatened violation of this chapter. -SEC. 9. -Section 20036 of the Business and Professions Code is amended to read: -20036. -The franchisor may offset against any remedies made pursuant to Section 20035 any prior recovery by the franchisee pursuant to Section 20022 and any sums owed the franchisor or its subsidiaries by the franchisee pursuant to the franchise or any ancillary agreement. -SEC. 10. -Section 20041 of the Business and Professions Code is amended to read: -20041. -(a) Except as provided in subdivision (b), the provisions of this chapter shall apply only to franchises granted or renewed on or after January 1, 1981, or to franchises of an indefinite duration that may be terminated by the franchisee or franchisor without cause. -(b) The amendments to this chapter made by the act adding this subdivision shall apply only to franchise agreements entered into or renewed on or after January 1, 2016, or to franchises of an indefinite duration that may be terminated by the franchisee or franchisor without cause.","The California Franchise Relations Act sets forth certain requirements related to the termination, nonrenewal, and transfer of franchises between a franchisor, subfranchisor, and franchisee, as those terms are defined. -That act, except as otherwise provided, prohibits a franchisor from terminating a franchise prior to the expiration of its term, except for good cause, which includes, but is not limited to, the failure of the franchisee to comply with any lawful requirement of the franchise agreement after being given notice and a reasonable opportunity to cure the failure within 30 days. -This bill would instead limit good cause to the failure of the franchisee to substantially comply with the lawful requirements of the franchise agreement imposed on the franchisee after being given notice at least 60 days in advance and would require that the period for a reasonable opportunity to cure the failure be no less than 60 days from the date of the notice of noncompliance. The bill would prohibit the period for curing the failure from exceeding 75 days, except as specified. The bill also would allow immediate termination of a specified separate motor vehicle franchise under specified circumstances. -This bill would make it unlawful for a franchise agreement to prevent a franchisee from selling or transferring a franchise, all or substantially all of the assets of the franchise business, as defined, or a controlling or noncontrolling interest in the franchise business, to another person, provided that the person is qualified under the franchisor’s then-existing and reasonable standards for approval of new or renewing franchisees, as specified, and the parties comply with specified transfer provisions. The bill would prohibit a sale, transfer, or assignment of a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in the franchise business, without the franchisor’s written consent, but would prohibit that consent from being withheld unless the buyer, transferee, or assignor does not meet standards for new or renewing franchisees or the parties fail to meet specified transfer provisions. -This bill would require the franchisee, prior to the sale, assignment, or transfer of a franchise, all or substantially all of the assets of a franchise business, as defined, or a controlling or noncontrolling interest in the franchise business, to another person, to notify the franchisor of the franchisee’s intent to sell, transfer, or assign the franchise or its assets or interest, as specified, and would require the notice to be in writing and include specified information. The bill would require the franchisor, within a specified period, to notify the franchisee of the approval or disapproval of the proposed sale, assignment, or transfer of the franchise, and would require the notice to be in writing and be delivered by courier to the franchisee or sent by receipted mail. The bill would require the franchisor to communicate the franchisor’s standards for approval of new or renewing franchisees, as specified. The bill would deem a proposed sale, assignment, or transfer approved, unless disapproved by the franchisor, as specified. -The act requires a franchisor that terminates or fails to renew a franchise, other than in accordance with specified provisions of law, to offer to repurchase from the franchisee the franchisee’s resalable current inventory, as specified. -This bill would repeal those provisions and would, with certain exceptions, require the franchisor, upon a lawful termination or nonrenewal of a franchisee, to purchase from the franchisee at the value of price paid, minus depreciation, all inventory, supplies, equipment, fixtures, and furnishings purchased or paid for under the franchise agreement, as specified. The bill would not require a franchisor to purchase assets to which the franchisee cannot or does not provide clear title and possession. -This bill would entitle a franchisee to receive from the franchisor the fair market value of the franchise business and assets, as well as resulting damages, if a franchisor terminates or fails to renew a franchise in violation of the act. The bill would provide for injunctive relief in the event of a violation or threatened violation of these provisions. -The bill would limit its application to a franchise agreement entered into or renewed on or after January 1, 2016, or to franchises of an indefinite duration that may be terminated without cause.","An act to amend Sections 20020, 20021, 20036, and 20041 of, to amend the heading of Article 6 (commencing with Section 20035) of Chapter 5.5 of Division 8 of, to add Sections 20022, 20028, and 20029 to, and to repeal and add Section 20035 of, the Business and Professions Code, relating to franchises." -536,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 48800 of the Education Code is amended to read: -48800. -(a) The governing board of a school district may determine which pupils would benefit from advanced scholastic or vocational work. The intent of this section is to provide educational enrichment opportunities for a limited number of eligible pupils, rather than to reduce current course requirements of elementary and secondary schools, and also to help ensure a smoother transition from high school to college for pupils by providing them with greater exposure to the collegiate atmosphere. The governing board of a school district may authorize those pupils, upon recommendation of the principal of the pupil’s school of attendance, and with parental consent, to attend a community college during any session or term as special part-time or full-time students and to undertake one or more courses of instruction offered at the community college level. -(b) If the governing board of a school district denies a request for a special part-time or full-time enrollment at a community college for any session or term for a pupil who is identified as highly gifted, the governing board shall issue its written recommendation and the reasons for the denial within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted. -(c) A pupil shall receive credit for community college courses that he or she completes at the level determined appropriate by the governing boards of the school district and community college district. -(d) (1) The principal of a school may recommend a pupil for community college summer session only if that pupil meets all of the following criteria: -(A) Demonstrates adequate preparation in the discipline to be studied. -(B) Exhausts all opportunities to enroll in an equivalent course, if any, at his or her school of attendance. -(2) For any particular grade level, a principal shall not recommend for community college summer session attendance more than 5 percent of the total number of pupils who completed that grade immediately before the time of recommendation. -(3) A high school pupil recommended by his or her principal for enrollment in a course shall not be included in the 5-percent limitation of pupils allowed to be recommended pursuant to paragraph (2) if the course in which the pupil is enrolled is part of a College and Career Access Pathways (CCAP) program established pursuant to Section 76004 in which a majority of the pupils served are unduplicated pupils, as defined in Section 42238.02, the course meets one of the criteria listed in subparagraphs (A) to (C), inclusive, and the high school principal who recommends the pupil for enrollment provides the Chancellor of the California Community Colleges, upon the request of that office, with the data required for purposes of paragraph (4). -(A) The course is a lower division, college-level course for credit that is designated as part of the Intersegmental General Education Transfer Curriculum or applies toward the general education breadth requirements of the California State University. -(B) The course is a college-level, occupational course for credit assigned a priority code of “A,” “B,” or “C,” pursuant to the Student Accountability Model, as defined by the Chancellor of the California Community Colleges and reported in the management information system, and the course is part of a sequence of vocational or career technical education courses leading to a degree or certificate in the subject area covered by the sequence. -(C) The course is necessary to assist a pupil who has not passed the California High School Exit Examination (CAHSEE), does not offer college credit in English language arts or mathematics, and the pupil meets both of the following requirements: -(i) The pupil is in his or her senior year of high school. -(ii) The pupil has completed all other graduation requirements before the end of his or her senior year, or will complete all remaining graduation requirements during a community college summer session, which he or she is recommended to enroll in, following his or her senior year of high school. -(4) On or before March 1 of each year, the Chancellor of the California Community Colleges shall report to the Department of Finance the number of pupils recommended pursuant to paragraph (3) who enroll in community college summer session courses and who receive a passing grade. The information in this report may be submitted with the report required by subdivision (c) of Section 76002. -(5) The Board of Governors of the California Community Colleges shall not include enrollment growth attributable to paragraph (3) as part of its annual budget request for the California Community Colleges. -(6) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this subdivision shall not be waived. -(e) Paragraphs (3), (4), and (5) of subdivision (d) shall become inoperative on January 1, 2020. -SEC. 2. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to ensure rigorous scholastic and vocational work opportunities are available to pupils at the earliest possible time and that ongoing programs are not interrupted, it is necessary that this act take effect immediately.","Existing law authorizes the governing board of a school district to authorize a pupil who meets specified criteria to attend community college. Existing law limits the number of pupils a principal is authorized to recommend for community college summer session pursuant to those provisions to 5% of the total number of pupils in any grade level, as specified. -This bill, until January 1, 2020, would exempt from the 5% limitation pupils who meet specified requirements and who enroll in certain community college courses. The bill would require the Chancellor of the California Community Colleges to annually report to the Department of Finance the number of pupils who enrolled and received a passing grade in a community college summer session course. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 48800 of the Education Code, relating to pupil instruction, and declaring the urgency thereof, to take effect immediately." -537,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares both of the following: -(a) The earthquake that struck Napa on August 24, 2014, was a catastrophic event that resulted in economic hardship in the County of Napa. -(b) It is in the best interests of the citizens of the County of Napa that the exception, established by this law, to the tied-house provisions of the Alcoholic Beverage Control Act be provided for the benefit of the County of Napa. -SEC. 2. -Section 25503.40 is added to the Business and Professions Code, to read: -25503.40. -(a) Notwithstanding any other law, a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license that does not also hold a wholesaler or retail license as an additional license, unless the holder of the importer’s license holds one of the other authorized licenses specified in this section, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent may sponsor events promoted by, and may purchase advertising space and time from, or on behalf of, a live entertainment marketing company subject to all of the following conditions: -(1) (A) The live entertainment marketing company is a wholly owned subsidiary of a live entertainment company that is not publicly traded and has its principal place of business in the County of Napa, that may also own interests, directly or indirectly, in retail licenses or winegrower licenses. -(B) The venue of the event is located within the County of Napa, expected attendance of the event is at least 5,000 people per day, and no more than three of these events are held in the County of Napa each year. The live entertainment company promoting the event shall affirmatively represent and warrant in writing to any retail licensee operating as the retail licensee for such an event that the live entertainment company promoting the event, including the subject event, has not exceeded the permissible limit of three events in the County of Napa for the year in which the event is being held and the expected attendance for the event is in excess of 5,000 people per day. Any retail licensee operating as the retail licensee for an event in the County of Napa for an event with expected attendance of more than 5,000 people per day shall provide the written representation and warranty of the live entertainment company to the department and affirmatively state when obtaining the authorization for the event from the department that the event is being held pursuant to the conditions of this section and that the live entertainment company promoting the event, including the subject event, has not exceeded the permissible limit of three events in the County of Napa for the year in which the event is being held and the expected attendance for the event is in excess of 5,000 people per day. -(2) The sponsorship and the advertising space or time is purchased only in connection with the promotion of live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events at entertainment facilities, parks, fairgrounds, auditoriums, arenas, or other areas or venues that are designed for, or set up to be, and lawfully permitted to be used for live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events. -(3) (A) Any on-sale licensee operating at a venue where live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events are performed pursuant to a sponsorship described in this section or where advertising is purchased as described in this section shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler in addition to any brand manufactured or distributed by the sponsoring or advertising beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent. -(B) Any on-sale retail licensee owned by the live entertainment company described in paragraph (1) shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler in addition to any brand manufactured or distributed by the sponsoring or advertising beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent. -(4) (A) Advertising space or time purchased pursuant to this section shall not be placed in any on-sale licensed premises where the on-sale retail licensee is owned directly or indirectly by the live entertainment company, or any of its subsidiaries, described in paragraph (1). -(B) Sponsorship provided pursuant to this section shall not be allowed if the event or activity is held at or in any on-sale licensed premises where the on-sale retail licensee is owned by the live entertainment company, or any of its subsidiaries, described in paragraph (1). -(5) An agreement for the sponsorship of, or for the purchase of advertising space and time during, a live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment event shall not be conditioned directly or indirectly, in any way, on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by the advertising or sponsoring beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent by the live entertainment company described in paragraph (1) or by any on-sale retail licensee that is owned directly or indirectly by the live entertainment company. -(b) Any sponsorship of events or purchase of advertising space or time conducted pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent and the live entertainment marketing company. -(c) Any beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. -(d) Any on-sale retail licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to purchase advertising time or space pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. -(e) For purposes of this section, “beer manufacturer” includes a holder of a beer manufacturer’s license, a holder of an out-of-state beer manufacturer’s certificate, or a holder of a beer and wine importer’s license that does not also hold a wholesaler or retail license as an additional license. -(f) Nothing in this section shall authorize the purchasing of advertising space or time directly from, or on behalf of, any on-sale retail licensee. -(g) Nothing in this section shall authorize a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to furnish, give, or lend anything of value to an on-sale retail licensee described in subdivision (a) except as expressly authorized by this section or any other provision of this division. -(h) The Legislature finds and declares both of the following: -(1) It is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. -(2) Any exception established by the Legislature to the general prohibition against tied interests shall be limited to the express terms of the exception so as not to undermine the general prohibition. -(i) This section shall remain in effect only until January 1, 2019, and as of that date is repealed unless a later enacted statute, that is chaptered before January 1, 2019, deletes or extends that date. -SEC. 3. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique conditions located in the County of Napa. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally restricts certain alcoholic beverage licensees, including manufacturers and winegrowers, from paying, crediting, or compensating a retailer for advertising in connection with the advertising and sale of alcoholic beverages. Existing law expressly authorizes a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, holder of a distilled spirits rectifier’s general license, or a distilled spirits manufacturer’s agent to sponsor events promoted by or purchase advertising space and time from, or on behalf of, a live entertainment marketing company that is a wholly owned subsidiary of a live entertainment company that has its principal place of business in the County of Los Angeles, as provided. -This bill would expressly authorize, until January 1, 2019, a beer manufacturer, as described, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license that does not also hold a wholesaler or retail license as an additional license, as specified, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to sponsor events promoted by or purchase advertising space and time from, or on behalf of, a live entertainment marketing company that is a wholly owned subsidiary of a live entertainment company that is not publicly traded and has its principal place of business in the County of Napa, under specified conditions. The bill would also make a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces the holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to these provisions guilty of a misdemeanor. The bill would additionally make an on-sale retail licensee, as described, who solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to purchase advertising time or space pursuant to these provisions guilty of a misdemeanor. -By creating a new crime, this bill would impose a state-mandated local program. -This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Napa. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add and repeal Section 25503.40 of the Business and Professions Code, relating to alcoholic beverages." -538,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 30000 of the Penal Code is amended to read: -30000. -(a) The Attorney General shall establish and maintain an online database to be known as the Prohibited Armed Persons File. The purpose of the file is to -cross-reference -identify -persons who have ownership or possession of a firearm on or after January 1, 1996, as indicated by a record in the Consolidated Firearms Information System, and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm. -(b) -The -Except as provided in subdivision (c), the -information contained in the Prohibited Armed Persons File shall -only -be available -only -to those entities specified in, and pursuant to, subdivision (b) or (c) of Section 11105, through the California Law Enforcement Telecommunications System, for the purpose of determining if persons are armed and prohibited from possessing firearms. -(c) The Department of Justice shall provide access to the Prohibited Armed Persons File to the Department of Motor Vehicles for purposes of complying with Sections 4750 and 12805 of the Vehicle Code. -SEC. 2. -Section 4750 of the Vehicle Code is amended to read: -4750. -The department shall refuse registration, or renewal or transfer of registration, upon any of the following grounds: -(a) The application contains any false or fraudulent statement. -(b) The required fee has not been paid. -(c) The registration, or renewal or transfer of registration, is prohibited by the requirements of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code. -(d) The owner of a heavy vehicle, which is subject to the heavy vehicle use tax imposed pursuant to Section 4481 of Title 26 of the United States Code, has not presented sufficient evidence, as determined by the department, that the tax for the vehicle has been paid pursuant to that section. -(e) Evidence of financial responsibility, -that -which -is required for a vehicle registration renewal -where -when -there is no change in registered owner, has not been provided to the department pursuant to Section 4000.37 or electronically. This subdivision does not apply to any of the following: -(1) A vehicle for which a certification has been filed pursuant to Section 4604, until the vehicle is registered for operation upon the highway. -(2) A vehicle owned or leased by, or under the direction of, the United States or any public entity that is included in Section 811.2 of the Government Code. -(3) A vehicle registration renewal application -where -when -there is a change of registered owner. -(f) (1) The department determines that the person to whom the vehicle is, or will be, registered is listed as a prohibited person in the Prohibited Armed Persons File, pursuant to Section 30000 of the Penal Code. -(2) The department shall, before registering a vehicle, or renewing or transferring the registration of a vehicle, access the Prohibited Armed Persons File to determine if the person to whom the vehicle is, or will be, registered is listed as a prohibited person. -SEC. 3. -Section 12805 of the Vehicle Code is amended to read: -12805. -The department shall not issue a driver’s license to, or renew -a -the -driver’s license of, any person: -(a) Who is not of legal age to receive a driver’s license. -(b) Whose best corrected visual acuity is 20/200 or worse in that person’s better eye, as verified by an optometrist or ophthalmologist. No person may use a bioptic telescopic or similar lens to meet the 20/200 visual acuity standards. -(c) Who is unable, as shown by examination, to understand traffic signs or signals or who does not have a reasonable knowledge of the provisions of this code governing the operations of vehicles upon the highways. -(d) When it is determined, by examination or other evidence, that the person is unable to safely operate a motor vehicle upon a highway. -(e) Who is unable to read and understand simple English used in highway traffic and directional signs. This subdivision does not apply to any person holding an operator’s or chauffeur’s license issued by this state and valid on September 11, 1957. -(f) Who holds a valid driver’s license issued by a foreign jurisdiction unless the license has been surrendered to the department, or is lost or destroyed. -(g) Who has ever held, or is the holder of, a license to drive issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico, and that license has been suspended by reason, in whole or in part, of a conviction of a traffic violation until the suspension period has -terminated, except that the -terminated. The -department may issue a license to the applicant if, in the opinion of the department, it will be safe to issue a license to a person whose license to drive was suspended by a state that is not a party to the Driver License Compact provided for in Chapter 6 (commencing with Section 15000) of Division 6. -(h) Who has ever held, or is the holder of, a license to drive issued by another state, territory, or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico, and that license has been revoked by reason, in whole or in part, of a conviction of a traffic violation, until the revocation has been terminated or after the expiration of one year from the date the license was revoked, whichever occurs -first, except that the -first. The -department may issue a license to the applicant if, in the opinion of the department, it will be safe to issue a license to a person whose license to drive was revoked by a state that is not a party to the Driver License Compact provided for in Chapter 6 (commencing with Section 15000) of Division 6. -(i) (1) Who the department determines is listed as a prohibited person in the Prohibited Armed Persons File, pursuant to Section 30000 of the Penal Code. -(2) The department shall, before issuing or renewing a driver’s license, access the Prohibited Armed Persons File to determine if the person applying for, or renewing, the driver’s license is listed as a prohibited person.","Existing law requires the Attorney General to establish and maintain an online database, the Prohibited Armed Persons File, to cross-reference persons who have ownership or possession of a firearm on or after January 1, 1996, and who, subsequent to the date of that ownership or possession, fall within a class of persons who are prohibited from owning or possessing a firearm. Existing law restricts the access of that database to specified entities, including, among others, the courts, and specified law enforcement and prosecutorial entities. -This bill would require the Department of Justice to allow the Department of Motor Vehicles to access the database in connection with the registration of vehicles and the issuance and renewal of driver’s licenses. -Existing law prescribes certain instances when the Department of Motor Vehicles is required to refuse registration, or renewal or transfer of registration, of a vehicle, including, among others, when the application contains a false or fraudulent statement, or the required fee has not been paid. -This bill would additionally require the department to refuse registration, or renewal or transfer of registration, of a vehicle, when the department determines that the person to whom the vehicle is, or will be, registered is listed as a prohibited person in the Prohibited Armed Persons File. The bill would require the department, before registering a vehicle, or renewing or transferring the registration of a vehicle, to access the Prohibited Armed Persons File to determine if the person to whom the vehicle is, or will be, registered is listed as a prohibited person. -Existing law prescribes certain instances when the Department of Motor Vehicles is required to refuse to issue or renew a driver’s license, including, among others, when the person seeking the license is not of legal age to receive a driver’s license. -This bill would additionally require the department to refuse to issue or renew the driver’s license of a person who the department determines is listed as a prohibited person in the Prohibited Armed Persons File. The bill would require the department, before issuing or renewing a driver’s license, to access the Prohibited Armed Persons File to determine if the person applying for, or renewing, the driver’s license is listed as a prohibited person.","An act to amend Section 30000 of the Penal Code, and to amend Sections 4750 and 12805 of the Vehicle Code, relating to vehicles." -539,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The Los Angeles River has a complex ecological and political history. The river originally ran freely along an alluvial flood plain, which today is the City of Los Angeles. In the 1930s, destructive flooding led the United States Army Corps of Engineers to design and build facilities to minimize the impacts of future floods, a process that included lining most of the river with concrete. Since then, the city, county, and federal government have all played a role in restoring the Los Angeles River, including the county’s 1996 adoption of a master plan for developing and restoring the entire Los Angeles River. The City of Los Angeles developed a “revitalization plan” to restore the Upper Los Angeles River, which lies within the city’s boundaries. Most recently, the Corps of Engineers approved “Alternative 20,” a substantial restoration and infrastructure project along the Upper Los Angeles River. -(b) The City of Los Angeles was given responsibility for managing the river’s resources through a charter by the King of Spain at the end of the 18th century. After serious floods in the 1930s, the federal government, through the United States Army Corps of Engineers, stepped in to take responsibility for building and managing infrastructure projects to reduce the risk and damage from flooding, with the county as the local partner. The county also works with the city in managing the Upper Los Angeles River, where court decisions have held that the King of Spain’s charter gives the city “pueblo” water rights with authority to manage the Upper Los Angeles River’s resources. The courts have not given the city authority over the Lower Los Angeles River. -(c) The State of California retains its sovereign authority to manage the rivers within its boundaries, including the Los Angeles River. Historically, however, it has not exercised that authority, due to the dominance of the United States Army Corps of Engineers in partnership with the county. The county’s master plan addresses the entire river but is close to two decades old, and would benefit from renewed attention to resources and development, especially on the lower river. The Lower Los Angeles River passes through many cities, but not one of these cities has the responsibility and the resources to invest in restoration of that part of the Los Angeles River. There is therefore opportunity and need for the state to aid in the development and implementation of the county’s Master Plan, especially for the Lower Los Angeles River. -(d) In 2014, California voters approved the Water Quality, Supply, and Infrastructure Improvement Act of 2014, which included $60 million for the Los Angeles River, authorizing funding for both the Santa Monica Mountains Conservancy, which has responsibility for the Upper Los Angeles River, and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, which has responsibility for the Lower Los Angeles River. The Water Quality, Supply, and Infrastructure Improvement Act of 2014 allocated $30 million to each conservancy for the purpose of multibenefit water quality, water supply, and watershed protection and restoration projects for the watersheds. -SEC. 2. -Chapter 6 (commencing with Section 32622) is added to Division 22.8 of the Public Resources Code, to read: -CHAPTER 6. Lower Los Angeles River Working Group -32622. -(a) The Secretary of the Natural Resources Agency shall appoint, in consultation with the Los Angeles County Board of Supervisors to the extent that the board wishes to consult, a local working group to develop a revitalization plan for the Lower Los Angeles River watershed, called the Lower Los Angeles River Working Group. The secretary shall consider requests from local agency representatives to participate in the working group. The working group may include, but need not be limited to, representatives from the conservancy, the County of Los Angeles, the Gateway Cities Council of Governments, the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority, elected officials of the cities riparian to the Los Angeles River, and nonprofit organizations serving the Los Angeles River region. -(b) On or before March 1, 2017, the working group shall develop, through watershed-based planning methods, a revitalization plan that addresses the unique and diverse needs of the Lower Los Angeles River and the communities through which it passes. The plan shall be consistent with and enhance, and may be incorporated into, the County of Los Angeles’s Master Plan for the entire Los Angeles River. The plan shall include watershed education programs that help the Los Angeles River communities recognize the value of the river and the importance of protecting the river’s watershed resources and its vitality to their communities. -(c) The conservancy shall provide any necessary staffing to the working group to assist in the development of the plan. -(d) The development and implementation of the revitalization plan may be eligible for funding from any public or private source, including, but not limited to, funding pursuant to Section 79735 of the Water Code. Entities that are eligible to implement the revitalization plan include, but are not limited to, state agencies, local agencies, and nonprofit organizations, and may be eligible for state funding. -SEC. 3. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the Lower Los Angeles River’s complex ecological and political history and the unique obstacles the local governments of the Lower Los Angeles River encounter when managing the river and its surrounding areas.","Existing law provides for the protection, enhancement, and restoration of rivers in this state. Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for the purpose of, among others, providing for the public’s enjoyment and enhancement of recreational and education experiences on public lands in the San Gabriel Watershed and Lower Los Angeles River. -This bill would require the Secretary of the Natural Resources Agency to appoint, in consultation with the Los Angeles County Board of Supervisors to the extent the board wishes to consult, a local working group to develop a revitalization plan for the Lower Los Angeles River watershed, called the Lower Los Angeles River Working Group. The bill would require the secretary to consider requests from local agency representatives to participate in the working group and would authorize the working group to include specified representatives. The bill would require, by March 1, 2017, the working group to develop, through watershed-based planning methods, a revitalization plan that addresses the unique and diverse needs of the Lower Los Angeles River, that is consistent with, enhances, and is authorized to be incorporated into the County of Los Angeles’s Master Plan, and that includes watershed education programs. The bill would require the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy to provide any necessary staffing to assist the working group. -This bill would make legislative findings and declarations as to the necessity of a special statute for the Lower Los Angeles River.","An act to add Chapter 6 (commencing with Section 32622) to Division 22.8 of the Public Resources Code, relating to the Los Angeles River." -540,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known and may be cited as the Big Valley Watermaster District Act. It is intended to supplement the Water Code as follows: -Big Valley Watermaster District Act -Article 1. Creation -101. -This act shall be known, and may be cited, as the Big Valley Watermaster District Act. -102. -(a) A watermaster district is hereby created in Modoc County and Lassen County to be known as the Big Valley Watermaster District. -(b) The district shall be governed by a board of directors as specified in Section 401, shall have boundaries as prescribed in Section 201, and shall exercise the powers granted by this act for purposes of acting as watermaster over those decreed water rights whose places of use are within the Big Valley and for which the Superior Court for the County of Modoc has appointed the district as the watermaster, together with other powers and duties that are granted by this act or reasonably implied and necessary and proper to carry out the purposes of the district, including, but not limited to, any power authorized by the court which appoints the district as watermaster. -(c) The Legislature hereby finds and declares that the cost-effective and responsible enforcement of existing decreed water rights within the Big Valley is in the public interest, and that the creation of a watermaster district that can serve in that capacity after proper appointment by the Superior Court for Modoc County is for the common benefit of the holders of those decreed water rights within the Big Valley and for the protection of agricultural and economic productivity. -Article 2. Boundaries -201. -For the purposes of this act, all of the following townships that lie within the county comprise the territory that is included in the Big Valley Watermaster District: -____ -Article 3. Definitions -301. -Unless otherwise indicated by their context, the definitions set forth in this article govern the construction of this act. -302. -“Appointed decree” means a decree for which the district is appointed the watermaster by the court. -303. -“Appointed parcel” means a parcel of real property within the district that is a place of use for water rights under an appointed decree. -304. -“Big Valley” means that portion of the district generally drained by the Pit River. -305. -“Big Valley Service Area” means the territory included in the Big Valley Water District as specified in Section 201. -306. -“Board of directors” or “board” means the board of directors of the district. -307. -“Contracted parcel” means an eligible parcel whose owner has entered into a contract with the district to provide watermaster service for that parcel. -308. -“County” means the County of Lassen, the County of Modoc, or both. -309. -“Court” means the Superior Court for the County of Modoc. -310. -“Decree” means any water right decree, entered by the court, which adjudicates water rights within the county in which the decreed points of diversion are within the Big Valley in the county. -311. -“Department” means the Department of Water Resources. -312. -“District” means the Big Valley Watermaster District. -313. -“Eligible parcel” means a parcel of real property within the district that is a place of use for water rights under a decree that is not an appointed decree, and for which the department is not the watermaster. -314. -“Fund” means the fund designated by the court, or by the district in the absence of a designation by the court, into which charges levied by the district shall be paid by the county upon collection. -315. -“Owner” means a person who is an owner of a parcel of real property within the district that is a place of use for water rights under the decree. -316. -“Person” means any state or local governmental agency, private corporation, firm, partnership, individual, group of individuals, or, to the extent authorized by law, any native tribe or federal agency. -317. -“Voter” means a holder of water rights whose place of use under a decree is an appointed or contracted parcel. -Article 4. General Provisions -401. -(a) The board of directors shall govern the district and shall exercise the powers of the district as set forth in this act. -(b) Except as specified in subdivision (d), the board of directors of the district shall consist of five members elected at large from the Big Valley Service Area. Each director shall be a voter and an owner. The directors shall be elected at large from the Big Valley Service Area. -(c) A quorum of the board of directors shall be three members. A majority of affirmative votes of the full membership of the board shall be required to take an action. -(d) (1) (A) The initial five directors of the district shall be the directors of the Big Valley Water Users Association as of December 31, 2015. Each initial director’s term shall be as specified in subparagraph (B). -(B) For the initial board of directors, in the same sequence as the terms of the directors of the Big Valley Water Users Association, one director’s term shall end March 31, 2016, two directors terms shall end March 31, 2017, and two directors terms shall end March 31, 2018. -(2) After the initial board of directors, each director shall have a term of three years. A person shall be an owner to be elected to the board. -(e) Except as otherwise provided in this act, the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code) shall apply to elections within the district. -(f) Any vacancy in the elective office of a member of the board of directors shall be filled pursuant to Section 1780 of the Government Code. Any vacancy in the appointive office of a member of the board of directors shall be filled pursuant to Section 1778 of the Government Code. -402. -(a) For the purposes of the Uniform District Election Law, the district shall be deemed to be a landowner voting district, except that each voter shall have one vote. -(b) In a manner that is consistent with Section 10525 of the Elections Code, for water rights that have multiple holders, the holders shall designate in writing to the district, in accordance with a timetable established by the district, a voter from among their number for voting purposes. -403. -(a) The board of directors shall do all of the following: -(1) Act only by ordinance, resolution, or motion. -(2) Keep a record of all of its actions, including financial transactions. -(3) Adopt rules or bylaws for its proceedings. -(4) Adopt policies for the operation of the district. -(b) The board of directors may do all of the following: -(1) Provide, by ordinance or resolution, that its members may receive their actual and necessary traveling and incidental expenses incurred while on official business. Reimbursement of these expenses is subject to Section 53232.3 of the Government Code. A member of the board of directors may waive any or all of the payments permitted by this paragraph. -(2) Require any employee, officer, or member of the board of directors to be bonded. The district shall pay the cost of the bonds. -(c) Prior to taking office, each director shall take the official oath and execute any bond that may be set by the board. -404. -At the first meeting of the board of directors, and at the first annual meeting each year thereafter, the board of directors shall elect a chairperson and vice chairperson from among its members. The board of directors shall appoint a secretary of the district. The secretary of the district may be a member of the board of directors or a district employee. -405. -Meetings of the board shall be held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). -406. -The district shall have the following powers: -(a) Adopt ordinances in accordance with Article 7 (commencing with Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 3 of the Government Code. -(b) Adopt and enforce rules and regulations for the administration, operation, use, and maintenance of the district’s facilities and property. -(c) Sue and be sued in its own name. -(d) Acquire any real or personal property within the district, by contract or otherwise, to hold, manage, occupy, dispose of, convey, and encumber the property, and to create a leasehold interest in the property for the benefit of the district. The district shall not have the power of eminent domain. -(e) Appoint employees, define their qualifications and duties, and provide a schedule of compensation for performance of their duties. -(f) Engage counsel and other professional services. -(g) Enter into and perform all contracts. The district shall follow the procedures that apply to the county, including, but not limited to, the requirements of Article 3.6 (commencing with Section 20150) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code. -(h) Adopt a seal and alter it. -(i) Take any and all actions necessary for, or incidental to, the powers expressed or implied by this act. -407. -(a) The board of directors shall provide for the preparation of regular audits of the district’s accounts and records pursuant to Section 26909 of the Government Code. -(b) The board of directors shall provide for the preparation of annual financial reports to the Controller pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. -408. -All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code. -409. -The district is not subject to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). -410. -The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. -Article 5. Powers and Duties -501. -The district shall serve as the watermaster for any appointed decree, including, but not limited to, taking specific actions ordered by the court in the administration of that decree or decrees. -502. -(a) In carrying out its duties as watermaster, the district shall assume all powers and duties of the department set forth in Part 4 (commencing with Section 4000) of Division 2 of the Water Code, except as modified by the court, and as follows: -(1) References to the department in that part shall be deemed to be references to the district. -(2) References to the Water Resources Revolving Fund in that part shall be deemed to be references to the fund. -(b) Charges levied by the district shall comply with Article XIII D of the California Constitution. -503. -The district may enter into an agreement to provide watermaster service to the holders of water rights whose place of use is an eligible parcel if all the holders have executed the agreement. An agreement to provide watermaster services to an eligible parcel shall include a provision that the water right holders agree to pay in full for the service prior to the provision of service. The amount to be paid shall be determined to ensure that the provision of the watermaster service to contracted parcels does not increase the cost of the watermaster service to appointed parcels. -504. -Amounts owed to the county for services provided to the district by the county shall be included in the district’s budget for each watermaster service area. The watermaster service areas for which these amounts have been incurred shall be identified and accounted for in the budget. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique and special water problems in the area of the Big Valley Water District that make this special law necessary for the conservation, development, control, and use of that water for the public good. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","Existing law provides for the establishment of watermaster service areas by the Department of Water Resources for the purposes of ensuring the most practical and economic supervision of the distribution of water. Existing law specifies that upon the submission of a specified petition to a court in which a relevant judicial decree has been entered, the court may appoint a public agency as a watermaster to replace the watermaster appointed by the department. -This bill would create a watermaster district with unspecified boundaries within the Counties of Lassen and Modoc to be known as the Big Valley Watermaster District. The bill would generally specify the powers and purposes of the district. The bill would prescribe the composition of the board of directors of the district. The bill would require the district to provide watermaster service on behalf of water right holders whose place of use under an appointed decree, as defined, is a parcel of real property within the district. The bill would authorize the district to enter into an agreement to provide watermaster service to water right holders whose place of use is an eligible parcel, as defined. The bill would require the board of directors of the district to provide for the preparation of regular audits of the district’s accounts and records and specified annual financial reports. By imposing duties on the district and the Counties of Lassen and Modoc in connection with the operation of the district, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -This bill would make legislative findings and declarations as to the necessity of a special statute for the Big Valley Water District.","An act to create the Big Valley Watermaster District, and prescribing its boundaries, organization, operation, management, financing, and other powers and duties, relating to water districts." -541,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4000.5 of the Elections Code is amended to read: -4000.5. -(a) Notwithstanding Section 4000 or any other law, as a pilot program, an all-mailed ballot special election or special consolidated election in San Diego County may be conducted by an eligible entity if the special election or special consolidated election is any of the following: -(1) A special election to fill a vacancy in a congressional or legislative office. -(2) A special election to fill a vacancy in the legislative body or governing body. -(3) A special election conducted pursuant to Chapter 2 (commencing with Section 9100), Chapter 3 (commencing with Section 9200), Chapter 4 (commencing with Section 9300), Chapter 5 (commencing with Section 9400), or Chapter 6 (commencing with Section 9500) of Division 9. -(b) A special election or special consolidated election described in paragraphs (1) to (3), inclusive, of subdivision (a), may be conducted wholly as an all-mailed ballot election if all of the following apply: -(1) (A) For a special election to fill a vacancy in a congressional or legislative office, the Board of Supervisors of San Diego County, by resolution, authorizes the use of mailed ballots for the election and the congressional or legislative district lies wholly within San Diego County. -(B) For all other special elections the legislative body or governing body of the eligible entity, by resolution, authorizes the use of mailed ballots for the election. -(2) The election does not occur on the same date as a statewide direct primary election, statewide general election, or any other election conducted in an overlapping jurisdiction that is not consolidated and conducted wholly by mail. -(3) (A) If the boundaries of the jurisdiction of the eligible entity overlap with the boundaries of a city, at least one ballot dropoff location is provided per city that is open during business hours to receive voted ballots beginning not less than seven days before the date of the election. -(B) The number of dropoff locations in unincorporated areas shall be based on the number of unincorporated registered voters divided by 100,000 (rounded to the next whole number) with no less than one location to be selected. -(C) A ballot dropoff location provided for under this section shall consist of a locked ballot box located in a secure public building that meets the accessibility requirements for a polling place. -(4) On at least one Saturday and Sunday on or after the date the elections official first delivers ballots to voters, the elections official allows any voter to vote the ballot at a satellite location within the jurisdiction of the eligible entity pursuant to Section 3018. The elections official shall determine the hours of operation for each Saturday and Sunday, provided that the satellite location is open to voters for a minimum of six hours on each designated Saturday and Sunday. -(5) (A) At least one polling place is provided per eligible entity or the polling places are fixed in a manner so that there is one polling place for every 10,000 registered voters within the jurisdiction of the eligible entity, as determined on the 88th day before the day of the election, whichever results in more polling places. A polling place shall allow a voter to request and vote a ballot between 7 a.m. and 8 p.m. on the day of the election. -(B) The polling places provided under this section shall be established in accordance with the accessibility requirements described in Article 5 (commencing with Section 12280) of Chapter 3 of Division 12, the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), and shall, to the extent possible, ensure that access is evenly distributed throughout the jurisdiction of the eligible entity. -(C) The polling places provided under this section shall be established at accessible locations and shall be equipped with voting units or systems that are accessible to individuals with disabilities and that provide the same opportunity for access and participation as is provided to voters who are not disabled, including the ability to vote privately and independently in accordance with Sections 12280 and 19240. -(D) If a polling place consolidates one or more precincts for which the elections official is required to recruit precinct board members who are fluent in a language in addition to English pursuant to the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), the elections official shall ensure that the polling place is staffed by precinct board members who speak that language. -(E) If a polling place consolidates one or more precincts for which the elections official is required to recruit precinct board members who are fluent in a language in addition to English pursuant to subdivision (c) of Section 12303, the elections official shall make reasonable efforts to ensure that the polling place is staffed by precinct board members who speak that language. -(6) (A) The elections official delivers to each voter all supplies necessary for the use and return of the mail ballot, including an envelope for the return of the voted mail ballot with postage prepaid. -(B) The elections official delivers to each voter, with either the sample ballot sent pursuant to Section 13303 or with the voter’s ballot, all of the following: -(i) A notice, translated in all languages required under subdivision (c) of Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), that informs voters of all of the following: -(I) An all-mailed ballot election is being conducted and each eligible voter will receive a ballot by mail. -(II) The voter may cast a ballot in person at a satellite location provided for under paragraph (4) or at a polling place on election day. -(III) The voter may request the elections official to send a vote by mail ballot in a language other than English pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or a facsimile copy of the ballot printed in a language other than English pursuant to Section 14201. -(ii) A list of the ballot dropoff locations, satellite locations, and polling places established pursuant to this section. The list shall also be posted on the Internet Web site of the elections official. -(iii) A postage-paid postcard that the voter may return to the elections official for the purpose of requesting a vote by mail ballot in a language other than English. -(7) (A) The elections official submits to the Secretary of State a voter education and outreach plan to be implemented by the eligible entity for any election conducted pursuant to this section. The voter education and outreach plan shall include, but shall not be limited to, all of the following: -(i) One education and outreach meeting that includes representatives, advocates, and other stakeholders representing each community for which the eligible entity is required to provide voting materials and assistance in a language other than English under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). -(ii) One education and outreach meeting that includes representatives from community organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities. -(iii) At least one in-person bilingual voter education workshop for each language in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). -(iv) At least one in-person voter education workshop to increase accessibility for participation of eligible voters with disabilities. -(v) A toll-free voter assistance hotline maintained by the elections official that is operational no later than the date that vote by mail ballots are mailed to voters until 5 p.m. on the day after the special election. The toll-free voter assistance hotline shall provide assistance to voters in all languages in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). -(vi) At least one public service announcement in the media, including newspapers, radio, and television, that serve English-speaking citizens for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline. -(vii) At least one public service announcement in the media, including newspapers, radio, and television, that serve non-English-speaking citizens for each language in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline. -(viii) A voter education social media strategy that is developed in partnership with community organizations and individuals that advocate on behalf of, or provide services to, non-English-speaking individuals and individuals with disabilities. -(B) The voter education and outreach plan shall be posted on the Internet Web site of the Secretary of State and on the Internet Web site of the elections official. -(c) Except as otherwise provided in this section, the election day procedures shall be conducted in accordance with Division 14 (commencing with Section 14000). -(d) The elections official may provide, at his or her discretion, additional ballot dropoff locations and polling places for purposes of this section. -(e) The return of voted mail ballots is subject to Sections 3017 and 3020. -(f) (1) If the eligible entity conducts a special election pursuant to this section, it may process vote by mail ballot return envelopes beginning 29 days before the election. Processing vote by mail ballot return envelopes may include verifying the voter’s signature on the vote by mail ballot return envelope and updating voter history records. -(2) If the eligible entity conducts a special election pursuant to this section, it may start to process vote by mail ballots on the 10th business day before the election. Processing vote by mail ballots includes opening vote by mail ballot return envelopes, removing ballots, duplicating any damaged ballots, and preparing the ballots to be machine read, or machine reading them, but under no circumstances shall a vote count be accessed or released until 8 p.m. on the day of the election. -(g) Results of any vote by mail ballot tabulation or count shall not be released before the close of the polls on the day of the election. -(h) For the sole purpose of reporting the results of an election conducted pursuant to this section, upon completion of the ballot count, the elections official shall divide the jurisdiction into precincts pursuant to Article 2 (commencing with Section 12220) of Chapter 3 of Division 12 and shall prepare a statement of the results of the election in accordance with Sections 15373 and 15374. -(i) The elections official shall compile an index, list, or file of all persons who voted in an election conducted pursuant to this section. If the elections official uses data-processing equipment to compile the index, list, or file, he or she shall retain an accurate copy of that index, list, or file in electronic format for a period of 10 years. -(j) (1) If an election is conducted pursuant to this section, the eligible entity shall report to the Legislature and to the Secretary of State regarding the success of the election, including, but not limited to, all of the following: -(A) Any statistics on the cost to conduct the election. -(B) The turnout of different populations, including, but not limited to, and to the extent possible, the population categories of race, ethnicity, language preference, age, gender, disability, permanent vote by mail status, and political party preference. -(C) The number of ballots that were not counted and the reasons they were rejected. -(D) Voter fraud. -(E) Any other problems that become known to the eligible entity during the election or canvass. -(2) Whenever possible, using the criteria set forth in paragraph (1), the report shall compare the election conducted pursuant to this section to similar elections not conducted pursuant to this section in the same jurisdiction or comparable jurisdictions. -(3) Within six months after the date of the election or before the date of a subsequent election conducted pursuant to this section, whichever is sooner, the eligible entity shall do all of the following with respect to the report required by this subdivision: -(A) Submit the report to the Legislature in compliance with Section 9795 of the Government Code. -(B) Submit the report to the Secretary of State. -(C) Post the report on the Internet Web site of the elections official. -(k) For purposes of this section, “eligible entity” means both of the following: -(1) San Diego County. -(2) A city, school district, community college district, special district, or other district or political subdivision organized pursuant to state law, whose boundaries are located wholly within San Diego County. -(l) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the voting behavior, demographic characteristics, and unique special election experiences of San Diego County. It is the intent of the Legislature that the provisions of this act continue the pilot program that may be used for future special elections.","Existing law authorizes, until January 1, 2020, San Diego County to conduct, as a pilot program, an all-mailed ballot special election or special consolidated election to fill a congressional or legislative vacancy under specified conditions. If such an election is conducted, existing law requires San Diego County to report certain information to the Legislature and the Secretary of State regarding the success of the election. -This bill, until January 1, 2021, would authorize San Diego County, or any city, school district, community college district, special district, or other district or political subdivision whose boundaries are located wholly within San Diego County, to conduct an all-mailed ballot special election or special consolidated election to fill a vacancy on the legislative or governing body of those entities. The bill would authorize those entities to also hold an all-mailed ballot special election for county initiatives, city initiatives, district initiatives, bond issues, and school measures conducted pursuant to specified provisions. The bill would extend the pilot program for San Diego County, as described above, until January 1, 2021. The bill would also require certain voter education workshops to be conducted in-person. -This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego.","An act to amend Section 4000.5 of the Elections Code, relating to elections." -542,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1942.5 of the Civil Code is amended to read: -1942.5. -(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following: -(1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability. -(2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability. -(3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice. -(4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability. -(5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor. -In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive. -(b) A lessee may not invoke subdivision (a) more than once in any 12-month period. -(c) It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor’s conduct was, in fact, retaliatory. -(d) Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy. -(e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing. -(f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following: -(1) The actual damages sustained by the lessee. -(2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act. -(g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney’s fees to the prevailing party if either party requests attorney’s fees upon the initiation of the action. -(h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law. -SEC. 1.5. -Section 1942.5 of the Civil Code is amended to read: -1942.5. -(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following: -(1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability. -(2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability. -(3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice. -(4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability. -(5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor. -In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive. -(b) A lessee may not invoke subdivision (a) more than once in any 12-month period. -(c) Notwithstanding subdivision (a), it is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor’s conduct was, in fact, retaliatory. -(d) Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy. -(e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing. -(f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following: -(1) The actual damages sustained by the lessee. -(2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act. -(g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney’s fees to the prevailing party if either party requests attorney’s fees upon the initiation of the action. -(h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law. -SEC. 2. -Section 1954.1 of the Civil Code is amended and renumbered to read: -1954.05. -In any general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, the assignee shall have the right to occupy, for a period of up to 90 days after the date of the assignment, any business premises held under a lease by the assignor upon payment when due of the monthly rental reserved in the lease for the period of such occupancy, notwithstanding any provision in the lease, whether heretofore or hereafter entered into, for the termination thereof upon the making of the assignment or the insolvency of the lessee or other condition relating to the financial condition of the lessee. This section shall be construed as establishing the reasonable rental value of the premises recoverable by a landlord upon a holding-over by the tenant upon the termination of a lease under the circumstances specified herein. -SEC. 3. -Chapter 2.8 (commencing with Section 1954.600) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read: -CHAPTER 2.8 Bed Bug Infestations -1954.600. -The Legislature finds and declares: -(a) Controlling bed bugs is uniquely challenging, as bed bug resistance to existing insecticidal control measures is significant. Cooperation among landlords, tenants, and pest control operators is required for successful control. With cooperation among landlords, tenants, and pest control operators, most bed bug infestations can be successfully controlled. -(b) Effective control is more likely to occur when landlords and tenants are informed of the best practices for bed bug control. -(c) Early detection and reporting of bed bugs is an important component required for preventing bed bug infestations. Tenants should not face retaliation for reporting a problem. -(d) Lack of cooperation by landlords and tenants can undermine pest control operator efforts to identify the presence of bed bugs and control an infestation. Depending on the treatment strategy, it is often critical that tenants cooperate with pest control operators by reducing clutter, washing clothes, or performing other activities. Likewise, inadequate or untimely response or planning by landlords may exacerbate an infestation. -(e) Pest control operators with knowledge and education in current best practices for bed bug management, such as those created by the National Pest Management Association (NPMA), are best equipped to help property owners and tenants eradicate bed bugs from their home. -(f) The Structural Pest Control Board should incorporate training in bed bug management based on the National Pest Management Association (NPMA) best practices for the issuance or renewal of a Branch 2 operator, field representative, or applicator license. -1954.601. -For purposes of this chapter, the term “pest control operator” means an individual holding a Branch 2 operator, field representative, or applicator license from the Structural Pest Control Board. -1954.602 -(a) A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows has a current bed bug infestation. -(b) This section does not impose a duty on a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have notice pursuant to this section. -1954.603. -On and after July 1, 2017, prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written notice to the prospective tenant as provided in this section. This notice shall be provided to all other tenants by January 1, 2018. The notice shall be in at least 10-point type and shall include, but is not limited to, the following: -(a) General information about bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of and for prompt written reporting of suspected infestations to the landlord. The information shall be in substantially the following form: - - -Information about Bed Bugs -Bed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about -1/4 -of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about -1/16 -of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden. -Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days. -Bed bugs can survive for months without feeding. -Bed bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A person’s reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all. -Common signs and symptoms of a possible bed bug infestation: -• Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls. -• Molted bed bug skins, white, sticky eggs, or empty eggshells. -• Very heavily infested areas may have a characteristically sweet odor. -• Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them. -For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association. - - -(b) The procedure to report suspected infestations to the landlord. -1954.604. -Entry to inspect a tenant’s dwelling unit shall comply with Section 1954. Entry to inspect any unit selected by the pest control operator and to conduct followup inspections of surrounding units until bed bugs are eliminated is a necessary service for the purpose of Section 1954. Tenants shall cooperate with the inspection to facilitate the detection and treatment of bed bugs, including providing requested information that is necessary to facilitate the detection and treatment of bed bugs to the pest control operator. -1954.605. -The landlord shall notify the tenants of those units inspected by the pest control operator pursuant to Section 1954.604 of the pest control operator’s findings. The notification shall be in writing and made within two business days of receipt of the pest control operator’s findings. For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operator’s findings. -SEC. 4. -Section 1.5 of this bill incorporates amendments to Section 1942.5 of the Civil Code proposed by both this bill and Assembly Bill 2881. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1942.5 of the Civil Code, and (3) this bill is enacted after Assembly Bill 2881, in which case Section 1 of this bill shall not become operative.","Existing law imposes various obligations on landlords who rent out residential dwelling units, including the general requirement that the building be in a fit condition for human occupation. Among other responsibilities, existing law requires a landlord of a residential dwelling unit to provide each new tenant who occupies the unit with a copy of the notice provided by a registered structural pest control company, as specified, if a contract for periodic pest control service has been executed. -This bill would prescribe the duties of landlords and tenants with regard to the treatment and control of bed bugs. The bill would require a landlord to provide a prospective tenant, on and after July 1, 2017, and to all other tenants by January 1, 2018, information about bed bugs, as specified. The bill would require that the landlord provide notice to the tenants of those units inspected by the pest control operator of the pest control operator’s findings within 2 business days, as specified. The bill would prohibit a landlord from showing, renting, or leasing a vacant dwelling unit that the landlord knows has a bed bug infestation, as specified. -This bill would incorporate additional changes to Section 1942.5 of the Civil Code, proposed by AB 2881, that would become operative only if this bill and AB 2881 are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Section 1942.5 of, to amend and renumber Section 1954.1 of, and to add Chapter 2.8 (commencing with Section 1954.600) to Title 5 of Part 4 of Division 3 of, the Civil Code, relating to tenancy." -543,"The people of the State of California do enact as follows: - - -SECTION 1. -The heading of Chapter 4.5 (commencing with Section 630.01) of Title 8 of Part 2 of the Code of Civil Procedure is amended to read: -CHAPTER 4.5. Voluntary Expedited Jury Trials -SEC. 2. -Section 630.03 of the Code of Civil Procedure is amended to read: -630.03. -(a) All parties agreeing to participate in an expedited jury trial and, if represented, their counsel, shall sign a proposed consent order granting an expedited jury trial. -(b) Except as provided in subdivision (d), the agreement to participate in the expedited jury trial process is binding upon the parties, unless either of the following occurs: -(1) All parties stipulate to end the agreement to participate. -(2) The court, on its own motion or at the request of a party by noticed motion, finds that good cause exists for the action not to proceed under the rules of this chapter. -(c) Any agreement to participate in an expedited jury trial under this chapter may be entered into only after a dispute has arisen and an action has been filed. -(d) The court shall approve the use of an expedited jury trial and any high/low agreements or other stipulations for an expedited jury trial involving either of the following: -(1) A self-represented litigant. -(2) A minor, an incompetent person, or a person for whom a conservator has been appointed. -(e) The proposed consent order submitted to the court shall include all of the following: -(1) A preliminary statement that each named party and any insurance carrier responsible for providing coverage or defense on behalf of that party, individually identified in the proposed consent order, have been informed of the rules and procedures for an expedited jury trial and provided with a Judicial Council information sheet regarding expedited jury trials, have agreed to take part in or, in the case of a responsible insurance carrier, not object to, the expedited jury trial process, and have agreed to all the specific provisions set forth in the consent order. -(2) The parties’ agreement to all of the following: -(A) That all parties waive all rights to appeal and to move for directed verdict or make any post-trial motions, except as provided in Sections 630.08 and 630.09. -(B) That each side shall have up to five hours in which to complete voir dire and to present its case. -(C) That the jury shall be composed of eight or fewer jurors with no alternates. -(D) That each side shall be limited to three peremptory challenges, unless the court permits an additional challenge in cases with more than two sides as provided in Section 630.04. -(E) That the trial and pretrial matters will proceed under subparagraphs (A) to (D), inclusive, and, unless the parties expressly agree otherwise in the proposed consent order, under all other provisions in this chapter and in the implementing rules of court. -(f) The court shall issue the consent order as proposed by the parties, unless the court finds good cause why the action should not proceed through the expedited jury trial process, in which case the court shall deny the proposed consent order in its entirety. -SEC. 3. -Section 630.11 of the Code of Civil Procedure is amended to read: -630.11. -The Judicial Council shall, on or before July 1, 2016, update rules and forms to establish uniform procedures implementing the provisions of this chapter, including, but not limited to, rules for all of the following: -(a) Additional content of proposed consent orders. -(b) Pretrial exchanges and submissions. -(c) Pretrial conferences. -(d) Presentation of evidence and testimony. -(e) Any other procedures necessary to implement the provisions of this chapter. -SEC. 4. -Section 630.12 of the Code of Civil Procedure is repealed. -SEC. 5. -Chapter 4.6 (commencing with Section 630.20) is added to Title 8 of Part 2 of the Code of Civil Procedure, to read: -CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases -630.20. -(a) Except as provided in subdivisions (b) and (c), an action or special proceeding treated as a limited civil case pursuant to Article 1 (commencing with Section 85) of Chapter 5.1 of Title 1 of Part 1, including an action or special proceeding initially filed as a limited civil case or remanded as one thereafter, shall be conducted as a mandatory expedited jury trial pursuant to this chapter. -(b) Either party may opt out of the mandatory expedited jury trial procedures if any of the following criteria is met: -(1) Punitive damages are sought. -(2) Damages in excess of insurance policy limits are sought. -(3) A party’s insurer is providing a legal defense subject to a reservation of rights. -(4) The case involves a claim reportable to a governmental entity. -(5) The case involves a claim of moral turpitude that may affect an individual’s professional licensing. -(6) The case involves claims of intentional conduct. -(7) The case has been reclassified as unlimited pursuant to Section 403.020. -(8) The complaint contains a demand for attorney’s fees, unless those fees are sought pursuant to Section 1717 of the Civil Code. -(9) The judge finds good cause exists for the action not to proceed under the rules of this chapter. Good cause includes, but is not limited to, a showing that a party needs more than five hours to present or defend the action and that the parties have been unable to stipulate to additional time. -(c) This chapter does not apply to a proceeding in forcible entry or forcible or unlawful detainer. -(d) A judgment in a limited civil case conducted as a mandatory expedited jury trial may be appealed to the appellate division of the superior court in which the case was tried. -630.21. -For purposes of this chapter: -(a) “Mandatory expedited jury trial” means a jury trial before a reduced jury panel and a judge, conducted pursuant to this chapter. -(b) “High/low agreement” means a written agreement entered into by the parties that specifies a minimum amount of damages that a plaintiff is guaranteed to receive from the defendant, and a maximum amount of damages that the defendant will be liable for, regardless of the ultimate verdict returned by the jury. Neither the existence of, nor the amounts contained in, any high/low agreements may be disclosed to the jury. -630.22. -(a) The procedures in this chapter and in the implementing rules of court shall apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties agree otherwise, as permitted under subdivision (d) of Section 630.23, and the court so orders. -(b) Any matters not expressly addressed in this chapter, in the implementing rules of court, or in an agreement authorized by this chapter and the implementing rules, are governed by applicable statutes and rules governing civil actions. -630.23. -The following rules and procedures apply to mandatory expedited jury trials conducted pursuant to this chapter: -(a) Each side shall have up to five hours in which to complete voir dire and to present its case. -(b) The jury shall be composed of eight jurors and one alternate, unless the parties have agreed to fewer jurors. -(c) Each side shall be limited to four peremptory challenges, unless the court permits an additional challenge in cases with more than two sides. If there are more than two parties in a case and more than two sides, as determined by the court under subdivision (c) of Section 231, the parties may request one additional peremptory challenge each, which is to be granted by the court as the interests of justice may require. -(d) The parties may agree to modify the rules and procedures specified in this chapter and the implementing rules of court, subject to the court’s approval. -630.24. -Nothing in this chapter is intended to preclude a jury from deliberating as long as needed. -630.25. -(a) The rules of evidence apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties stipulate otherwise. -(b) Any stipulation by the parties to use relaxed rules of evidence shall not be construed to eliminate, or in any way affect, the right of a witness or party to invoke any applicable privilege or other law protecting confidentiality. -(c) The right to issue subpoenas and notices to appear to secure the attendance of witnesses or the production of documents at trial shall be in accordance with this code. -630.26. -(a) A vote of six of the eight jurors is required for a verdict, unless the parties stipulate otherwise. -(b) The verdict in a limited civil case following a mandatory expedited jury trial case shall be appealable under subdivision (d) of Section 630.20 and subject to any written high/low agreement or other stipulations concerning the amount of the award agreed upon by the parties. -630.27. -All statutes and rules governing costs and attorney’s fees shall apply in limited civil cases that are conducted as mandatory expedited jury trials, unless the parties stipulate otherwise. -630.28. -The Judicial Council shall, on or before July 1, 2016, adopt rules and forms to establish uniform procedures implementing the provisions of this chapter, including, rules for the following: -(a) Pretrial exchanges and submissions. -(b) Pretrial conferences. -(c) Opt-out procedures pursuant to subdivision (b) of Section 630.20. -(d) Presentation of evidence and testimony. -(e) Any other procedures necessary to implement the provisions of this chapter. -630.29. -Sections 630.20 to 630.27, inclusive, shall become operative on July 1, 2016. -630.30. -This chapter shall remain in effect only until July 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2019, deletes or extends that date.","Existing law establishes procedures for conducting expedited jury trials in civil cases where the parties sign a consent order to stipulate that those procedures apply. Pursuant to these procedures, all parties agree that each side has up to 3 hours to present its case and agree to waive all rights to appeal and to move for a directed verdict or to make any posttrial motions, except as provided. Existing law repeals these provisions on January 1, 2016. -This bill would modify procedures to provide that each party would have up to 5 hours to complete voir dire and present its case. The bill would require the Judicial Council to update rules and forms relating to these procedures by July 1, 2016. The bill would also delete the January 1, 2016, repeal date, thereby extending the operation of these provisions indefinitely. -Existing law requires that a designated action or special proceeding meeting certain conditions be treated as a limited civil case. Existing law authorizes a limited civil case to be brought in the small claims division if the case is within the jurisdiction of the small claims division as otherwise provided by statute. -The bill would establish procedures for conducting mandatory expedited jury trials in limited civil cases, including provisions for a jury of 8 or few members, with one alternate, and a limit of 5 hours for each side to complete voir dire and to present its case. The bill would authorize either party to opt out of the expedited jury trial procedures if certain requirements are met. The bill would provide that the verdict in an expedited jury trial case may be appealed and is subject to any written high/low agreement, as defined. The bill would require the Judicial Council to adopt additional rules and uniform procedures, as provided, by July 1, 2016. -The bill would delay the operative date of specified provisions relating to mandatory expedited jury trials until July 1, 2016. The bill would also repeal the provisions relating to mandatory expedited jury trials on July 1, 2019.","An act to amend Sections 630.03 and 630.11 of, to amend the heading of Chapter 4.5 (commencing with Section 630.01) of Title 8 of Part 2 of, to add and repeal Chapter 4.6 (commencing with Section 630.20) of Title 8 of Part 2 of, and to repeal Section 630.12 of the Code of Civil Procedure, relating to civil actions." -544,"The people of the State of California do enact as follows: - - -SECTI/div> -SEC. 2. -Section 5008.9 is added to the Corporations Code, to read: -5008.9. -(a) A nonprofit corporation described in Section 5059, 5060, or 5061, or a foreign nonprofit corporation, as defined in Section 5053, that has qualified to transact intrastate business, shall be subject to administrative dissolution or administrative surrender in accordance with this section if, as of January 1, 2016, or later, the nonprofit corporation’s or foreign corporation’s corporate powers are, and have been, suspended or forfeited by the Franchise Tax Board for a period of not less than 48 continuous months. -(b) Prior to the administrative dissolution or administrative surrender of the nonprofit corporation or foreign corporation, the corporation shall be notified of the pending administrative dissolution or administrative surrender as follows: -(1) The Franchise Tax Board shall mail written notice to the last known address of a nonprofit corporation or foreign corporation meeting the requirement described in subdivision (a). -(2) If the nonprofit corporation or foreign corporation does not have a valid address in the records of the Franchise Tax Board, the notice provided in subdivision (d) shall be deemed sufficient notice prior to administrative dissolution or administrative surrender. -(c) The Franchise Tax Board shall transmit to the Secretary of State and the Attorney General’s Registry of Charitable Trusts the names and Secretary of State file numbers of nonprofit corporations and foreign corporations subject to the administrative dissolution or administrative surrender provisions of this section. -(d) The Secretary of State shall provide 60 calendar days’ notice of the pending administrative dissolution or administrative surrender on its Internet Web site by listing the corporation name and the Secretary of State’s file number for the nonprofit corporation or foreign corporation. The Secretary of State shall also, in conjunction with the information above, provide instructions for a nonprofit corporation or foreign corporation to submit a written objection of the pending administrative dissolution or administrative surrender to the Franchise Tax Board. -(e) (1) A nonprofit corporation or foreign corporation may provide the Franchise Tax Board with a written objection to the administrative dissolution or administrative surrender. -(2) The Franchise Tax Board shall notify the Secretary of State if a written objection has been received. -(f) If no written objection to the administrative dissolution or administrative surrender is received by the Franchise Tax Board during the 60-day period described in subdivision (d), the nonprofit corporation or foreign corporation shall be administratively dissolved or administratively surrendered in accordance with this section. The certificate of the Secretary of State shall be prima facie evidence of the administrative dissolution or administrative surrender. -(g) (1) If the written objection of a nonprofit corporation or foreign corporation to the administrative dissolution or administrative surrender has been received by the Franchise Tax Board before the expiration of the 60-day period described in subdivision (d), that nonprofit corporation or foreign corporation shall have an additional 90 days from the date the written objection is received by the Franchise Tax Board to pay or otherwise satisfy all accrued taxes, penalties, and interest and to file a current Statement of Information with the Secretary of State. -(2) (A) If the conditions in paragraph (1) are satisfied, the administrative dissolution or administrative surrender shall be canceled. -(B) If the conditions in paragraph (1) are not satisfied, the nonprofit corporation or foreign corporation shall be administratively dissolved or administratively surrendered in accordance with this section as of the date that is 90 days after the receipt of the written objection. -(3) The Franchise Tax Board may extend the 90-day period in paragraph (1), but for no more than one period of 90 days. -(h) Upon administrative dissolution or administrative surrender in accordance with this section, the nonprofit corporation’s or the foreign corporation’s liabilities for qualified taxes, interest, and penalties as defined in Section 23156 of the Revenue and Taxation Code, if any, shall be abated. Any actions taken by the Franchise Tax Board to collect that abated liability shall be released, withdrawn, or otherwise terminated by the Franchise Tax Board, and no subsequent administrative or civil action shall be taken or brought to collect all or part of that amount. Any amounts erroneously received by the Franchise Tax Board in contravention of this section may be credited and refunded in accordance with Article 1 (commencing with Section 19301) of Chapter 6 of Part 10.2 of Division 2 of the Revenue and Taxation Code. -(i) If the nonprofit corporation or foreign corporation is administratively dissolved or administratively surrendered under this section, the liability to creditors, if any, is not discharged. The liability of the directors of, or other persons related to, the administratively dissolved or administratively surrendered nonprofit corporation or foreign corporation is not discharged. The administrative dissolution or administrative surrender of a nonprofit corporation or foreign corporation pursuant to this section shall not diminish or adversely affect the ability of the Attorney General to enforce liabilities as otherwise provided by law. -SEC. 3. -Section 6610.5 is added to the Corporations Code, to read: -6610.5. -(a) Notwithstanding any other provision of this division, when a corporation has not issued any memberships, a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators, may sign and verify a certificate of dissolution stating all of the following: -(1) That the certificate of dissolution is being filed within 24 months from the date the articles of incorporation were filed. -(2) That the corporation does not have any debts or other liabilities, except as provided in paragraph (3) and subdivision (d). -(3) That the tax liability will be satisfied on a taxes-paid basis or that a person or corporation or other business entity assumes the tax liability, if any, of the dissolving corporation and is responsible for additional corporate taxes, if any, that are assessed and that become due after the date of the assumption of the tax liability. -(4) That a final franchise tax return, as described by Section 23332 of the Revenue and Taxation Code, has been or will be filed with the Franchise Tax Board as required under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code. -(5) That the corporation was created in error. -(6) That the known assets of the corporation remaining after payment of, or adequately providing for, known debts and liabilities have been distributed as required by law or that the corporation acquired no known assets, as the case may be. -(7) That a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators authorized the dissolution and elected to dissolve the corporation. -(8) That the corporation has not issued any memberships, and if the corporation has received payments for memberships, those payments have been returned to those making the payments. -(9) That the corporation is dissolved. -(b) A certificate of dissolution signed and verified pursuant to subdivision (a) shall be filed with the Secretary of State. The Secretary of State shall notify the Franchise Tax Board and the Attorney General’s Registry of Charitable Trusts of the dissolution. -(c) Upon filing a certificate of dissolution pursuant to subdivision (b), a corporation shall be dissolved and its powers, rights, and privileges shall cease. -(d) Notwithstanding the dissolution of a corporation pursuant to this section, its liability to creditors, if any, is not discharged. The liability of the directors of, or other persons related to, the dissolved corporation is not discharged. The dissolution of a corporation pursuant to this section shall not diminish or adversely affect the ability of the Attorney General to enforce liabilities as otherwise provided by law. -SEC. 4. -Section 8610.5 is added to the Corporations Code, to read: -8610.5. -(a) Notwithstanding any other provision of this division, when a corporation has not issued any memberships, a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators, may sign and verify a certificate of dissolution stating the following: -(1) That the certificate of dissolution is being filed within 24 months from the date the articles of incorporation were filed. -(2) That the corporation does not have any debts or other liabilities, except as provided in paragraph (3) and subdivision (d). -(3) That the tax liability will be satisfied on a taxes-paid basis, or that a person or corporation or other business entity assumes the tax liability, if any, of the dissolving corporation and is responsible for additional corporate taxes, if any, that are assessed and that become due after the date of the assumption of the tax liability. -(4) That a final franchise tax return, as described by Section 23332 of the Revenue and Taxation Code, has been or will be filed with the Franchise Tax Board as required under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code. -(5) That the corporation was created in error. -(6) That the known assets of the corporation remaining after payment of, or adequately providing for, known debts and liabilities have been distributed as required by law or that the corporation acquired no known assets, as the case may be. -(7) That a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators authorized the dissolution and elected to dissolve the corporation. -(8) That the corporation has not issued any memberships, and if the corporation has received payments for memberships, those payments have been returned to those making the payments. -(9) That the corporation is dissolved. -(b) A certificate of dissolution signed and verified pursuant to subdivision (a) shall be filed with the Secretary of State. The Secretary of State shall notify the Franchise Tax Board and the Attorney General’s Registry of Charitable Trusts of the dissolution. -(c) Upon filing a certificate of dissolution pursuant to subdivision (b), a corporation shall be dissolved and its powers, rights, and privileges shall cease. -(d) Notwithstanding the administrative dissolution of a corporation pursuant to this section, its liability to creditors, if any, is not discharged. The liability of the directors of, or other persons related to, the administratively dissolved corporation is not discharged. The dissolution of a corporation pursuant to this section shall not diminish or adversely affect the ability of the Attorney General to enforce liabilities as otherwise provided by law. -SEC. 5. -Section 9680.5 is added to the Corporations Code, to read: -9680.5. -(a) Notwithstanding any other provision of this division, when a corporation has not issued any memberships, a majority of the directors, or, if no directors have been named in the articles or been elected, the incorporator or a majority of the incorporators, may sign and verify a certificate of dissolution stating the following: -(1) That the certificate of dissolution is being filed within 24 months from the date the articles of incorporation were filed. -(2) That the corporation does not have any debts or other liabilities, except as provided in paragraph (3) and subdivision (d). -(3) That the tax liability will be satisfied on a taxes-paid basis or that a person or corporation or other business entity assumes the tax liability, if any, of the dissolving corporation and is responsible for additional corporate taxes, if any, that are assessed and that become due after the date of the assumption of the tax liability. -(4) That a final franchise tax return, as described by Section 23332 of the Revenue and Taxation Code, has been or will be filed with the Franchise Tax Board as required under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code. -(5) That the corporation was created in error. -(6) That the known assets of the corporation remaining after payment of, or adequately providing for, known debts and liabilities have been distributed as required by law or that the corporation acquired no known assets, as the case may be. -(7) That a majority of the directors, or, if no directors have been named in the articles or been elected, the incorporator or a majority of the incorporators authorized the dissolution and elected to dissolve the corporation. -(8) That the corporation has not issued any memberships, and if the corporation has received payments for memberships, those payments have been returned to those making the payments. -(9) That the corporation is dissolved. -(b) A certificate of dissolution signed and verified pursuant to subdivision (a) shall be filed with the Secretary of State. The Secretary of State shall notify the Franchise Tax Board of the dissolution. -(c) Upon filing a certificate of dissolution pursuant to subdivision (b), a corporation shall be dissolved and its powers, rights, and privileges shall cease. -(d) Notwithstanding the dissolution of a nonprofit corporation pursuant to this section, its liability to creditors, if any, is not discharged. The liability of the directors of, or other persons related to, the dissolved corporation is not discharged. The dissolution of a nonprofit corporation pursuant to this section shall not diminish or adversely affect the ability of the Attorney General to enforce liabilities as otherwise provided by law. -SEC. 6. -Section 23156 is added to the Revenue and Taxation Code, to read: -23156. -(a) The Franchise Tax Board shall abate, upon written request by a qualified nonprofit corporation, unpaid qualified taxes, interest, and penalties for the taxable years in which the qualified nonprofit corporation certifies, under penalty of perjury, that it was not doing business, within the meaning of subdivision (a) of Section 23101. -(b) For purposes of this section: -(1) “Qualified nonprofit corporation” means a nonprofit corporation identified in Section 5059, 5060, or 5061 of the Corporations Code or a foreign nonprofit corporation, as defined in Section 5053 of the Corporations Code that has qualified to transact intrastate business in this state and that satisfies any of the following conditions: -(A) Was operating and previously obtained tax-exempt status with the Franchise Tax Board, but had its tax-exempt status revoked under subdivision (c) of Section 23777. -(B) Was operating and previously obtained tax-exempt status with the Internal Revenue Service, but had its tax-exempt status revoked under Section 6033(j) of the Internal Revenue Code. -(C) Was never doing business, within the meaning of subdivision (a) of Section 23101, in this state at any time after the time of its incorporation in this state. -(2) “Qualified taxes, interest, and penalties” means tax imposed under Section 23153 and associated interest and penalties, and any penalties imposed under Section 19141. “Qualified taxes, interest, and penalties” does not include tax imposed under Section 23501 or 23731, or associated interest or penalties. -(c) The qualified corporation must establish that it has ceased all business operations at the time of filing the request for abatement under this section. -(d) (1) The abatement of unpaid qualified tax, interest, and penalties is conditioned on the dissolution of the qualified corporation within 12 months from the date of filing the request for abatement under this section. -(2) If the qualified corporation is not dissolved within 12 months from the date of filing the request for abatement or restarts business operations at any time after requesting abatement under this section, the abatement of qualified tax, interest, and penalties under this section shall be canceled and the qualified taxes, interest, and penalties subject to that abatement shall be treated as if the abatement never occurred. -(e) The Franchise Tax Board shall prescribe any rules and regulations that may be necessary or appropriate to implement this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. -SEC. 7. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Nonprofit Corporation Law, among other things, generally regulates the organization and operation of nonprofit public benefit corporations, nonprofit mutual benefit corporations, and nonprofit religious corporations. -(1) Existing law authorizes the corporate powers, rights, and privileges of a domestic taxpayer to be suspended, and the exercise of the corporate powers, rights, and privileges of a foreign taxpayer in this state to be forfeited, if certain tax liabilities are not paid or a taxpayer fails to file a tax return. Existing law also authorizes the corporate powers, rights, and privileges of a domestic corporation exempt from income tax to be suspended and the exercise of the corporate powers, rights, and privileges of a foreign corporation in this state exempt from income tax to be forfeited if the organization fails to file the annual information return or a specified statement for organizations not required to file the information return or pay a specified amount due. Existing law requires notice prior to the suspension or forfeiture of a taxpayer’s corporate powers, rights, and privileges. Existing law requires the Franchise Tax Board to transmit to the Secretary of State the names of those taxpayers subject to these suspension or forfeiture provisions and thereby makes the suspension or forfeiture effective. Under existing law, the Secretary of State’s certificate is prima facie evidence of the suspension or forfeiture. -This bill would make a nonprofit public benefit corporation, a nonprofit mutual benefit corporation, a nonprofit religious corporation, and a foreign nonprofit corporation, subject to administrative dissolution or administrative surrender, as specified, if the nonprofit corporation’s or foreign corporation’s corporate powers are, and have been, suspended or forfeited by the Franchise Tax Board for a specified period of time. Prior to the administrative dissolution or administrative surrender of the nonprofit corporation or foreign corporation, the bill would require the Franchise Tax Board to provide notice to the corporation of the pending administrative dissolution or administrative surrender. The bill would require the Franchise Tax Board to transmit to the Secretary of State and the Attorney General’s Registry of Charitable Trusts the names and Secretary of State file numbers of the corporations subject to administrative dissolution or administrative surrender. The bill would also require the Secretary of State to provide notice of the pending administrative dissolution or administrative surrender on its Internet Web site, as specified. The bill would authorize a nonprofit corporation or foreign corporation to provide the Franchise Tax Board with a written objection to the administrative dissolution or administrative surrender. If there is no written objection or the written objection fails, the bill would require the corporation to be administratively dissolved or administratively surrendered and would provide that the certificate of the Secretary of State is prima facie evidence of the administrative dissolution or administrative surrender. Upon administrative dissolution or administrative surrender, the bill would abate the nonprofit corporation’s liabilities for qualified taxes, interest, and penalties, as provided. -(2) Existing law, the Nonprofit Corporation Law, authorizes a nonprofit public benefit corporation, nonprofit mutual benefit corporation, and nonprofit religious corporation to elect voluntarily to wind up and dissolve by either approval of a majority of all members or approval of the board and approval of the members. Under existing law, the General Corporation Law, when a corporation has not issued shares, a majority of the directors, or, if no directors have been named in the articles or have been elected, the incorporator or a majority of the incorporators, are authorized to sign and verify a specified certificate of dissolution. Existing law requires the certificate to be filed with the Secretary of State and requires the Secretary of State to notify the Franchise Tax Board of the dissolution. Existing law provides that, upon the filing of the certificate, a corporation is dissolved and its powers, rights, and privileges cease. -This bill would enact provisions similar to those General Corporation Law provisions and make them applicable to nonprofit public benefit corporations, nonprofit mutual benefit corporations, and nonprofit religious corporations. The bill would additionally provide that liability to creditors, if any, is not discharged, the liability of the directors of the dissolved nonprofit corporation is not discharged, and the dissolution of a nonprofit corporation does not diminish or adversely affect the ability of the Attorney General to enforce specified liabilities. -(3) Existing law requires every corporation doing business within the limits of this state and not expressly exempted from taxation to annually pay to the state, for the privilege of exercising its corporate franchises within this state, a tax according to or measured by its net income, as specified. Under existing law, every corporation, except as specified, is subject to the minimum franchise tax until the effective date of dissolution or withdrawal or, if later, the date the corporation ceases to do business within the limits of this state. Upon certification by the Secretary of State that a nonprofit public benefit corporation or a nonprofit mutual benefit corporation has failed to file the required Statement of Information, existing law requires the Franchise Tax Board to assess a specified penalty. -This bill would require the Franchise Tax Board to abate, upon written request by a qualified nonprofit corporation, as defined, unpaid qualified taxes, interest, and penalties, as defined, for the taxable years in which the nonprofit corporation certifies, under penalty of perjury, that it was not doing business, as defined. The bill would make this abatement conditioned on the dissolution of the qualified corporation within a specified period of time of filing the request for abatement. The bill would require the Franchise Tax Board to prescribe rules and regulations to carry out these abatement provisions and would exempt these rules and regulations from the Administrative Procedure Act. -(4) Existing state constitutional law prohibits the Legislature from making any gift, or authorizing the making of any gift, of any public money or thing of value to any individual, municipal, or other corporation. -This bill would make certain legislative findings and declarations that abatement of a nonprofit corporation’s liabilities for specified taxes, penalties, and interest serves a public purpose, as provided. -(5) By expanding the crime of perjury, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Sections 5008.9, 6610.5, 8610.5, and 9680.5 to the Corporations Code, and to add Section 23156 to the Revenue and Taxation Code, relating to nonprofit corporations." -545,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4677 of the Welfare and Institutions Code is amended to read: -4677. -(a) (1) All parental fees collected by or for regional centers shall be remitted to the State Treasury to be deposited in the Developmental Disabilities Program Development Fund, which is hereby created in the State Treasury and hereinafter called the Program Development Fund. The purpose of the Program Development Fund shall be to provide resources needed to initiate new programs, and to expand or convert existing programs. Within the context of, and consistent with, approved priorities for program development in the state plan, program development funds shall promote integrated residential, work, instructional, social, civic, volunteer, and recreational services and supports that increase opportunities for self-determination and maximum independence of persons with developmental disabilities. Notwithstanding any other law or regulation, commencing July 1, 2009, parental fees remitted to the State Treasury shall be deposited in accordance with Section 4784. -(2) In no event shall an allocation from the Program Development Fund be granted for more than 24 months. -(b) (1) The State Council on Developmental Disabilities shall, at least once every five years, request from all regional centers information on the types and amounts of services and supports needed, but currently unavailable. -(2) The state council shall work collaboratively with the department and the Association of Regional Center Agencies to develop standardized forms and protocols that shall be used by all regional centers and the state council in collecting and reporting this information. In addition to identifying services and supports that are needed, but currently unavailable, the forms and protocols shall also solicit input and suggestions on alternative and innovative service delivery models that would address consumer needs. -(3) In addition to the information provided pursuant to paragraph (2), the state council may utilize information from other sources, including, but not limited to, public hearings, quality assurance assessments conducted pursuant to Section 4571, regional center reports on alternative service delivery submitted to the department pursuant to Section 4669.2, and the annual report on self-directed services produced pursuant to Section 4685.7. -(4) The department shall provide additional information, as requested by the state council. -(5) Based on the information provided by the regional centers and other agencies, the state council shall develop an assessment of the need for new, expanded, or converted community services and support, and make that assessment available to the public. The assessment shall include a discussion of the type and amount of services and supports necessary but currently unavailable including the impact on consumers with common characteristics, including, but not limited to, disability, specified geographic regions, age, and ethnicity, face distinct challenges. The assessment shall highlight alternative and innovative service delivery models identified through their assessment process. -(6) This needs assessment shall be conducted at least once every five years and updated annually. The assessment shall be included in the state plan and shall be provided to the department and to the appropriate committees of the Legislature. The assessment and annual updates shall be made available to the public. The State Council on Developmental Disabilities, in consultation with the department, shall make a recommendation to the Department of Finance as to the level of funding for program development to be included in the Governor’s Budget, based upon this needs assessment. -(c) In addition to parental fees and General Fund appropriations, the Program Development Fund may be augmented by federal funds available to the state for program development purposes, when these funds are allotted to the Program Development Fund in the state plan. The Program Development Fund is available, upon appropriation by the Legislature, to the department, and subject to any allocations that may be made in the annual Budget Act. In no event shall any of these funds revert to the General Fund. -(d) The department may allocate funds from the Program Development Fund for any legal purpose, provided that requests for proposals and allocations are approved by the state council in consultation with the department, and are consistent with the priorities for program development in the state plan. Allocations from the Program Development Fund shall take into consideration the following factors: -(1) The future fiscal impact of the allocations on other state supported services and supports for persons with developmental disabilities. -(2) (A) The information on priority services and supports needed, but currently unavailable, submitted by the regional centers. -(B) Consistent with the level of need as determined in the state plan, excess parental fees may be used for purposes other than programs specified in subdivision (a) only when specifically appropriated to the State Department of Developmental Services for those purposes. -(e) Under no circumstances shall the deposit of federal moneys into the Program Development Fund be construed as requiring the State Department of Developmental Services to comply with a definition of “developmental disabilities” and “services for persons with developmental disabilities” other than as specified in subdivisions (a) and (b) of Section 4512 for the purposes of determining eligibility for developmental services or for allocating parental fees and state general funds deposited in the Program Development Fund. -SEC. 2. -Section 4782 of the Welfare and Institutions Code is repealed. -SEC. 3. -Section 4784 of the Welfare and Institutions Code is amended to read: -4784. -(a) The Director of Developmental Services shall establish, annually review, and adjust as needed, a schedule of parental fees for services received through the regional centers. Effective July 1, 2009, this schedule shall be revised to reflect changes in economic conditions that affect parents’ ability to pay the fee, but not to exceed an inflationary factor as determined by the department. -(b) The parental fee schedule established pursuant to this section shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. -(c) In establishing the amount parents shall pay, the director shall take into account all of the following factors: -(1) The current cost of caring for a child at home, as determined by the most recent data available from the United States Department of Agriculture’s survey on the cost of raising a child in California, adjusted for the Consumer Price Index (CPI) from the survey date to the date of payment adjustment. -(2) Medical expenses incurred prior to regional center care. -(3) Whether the child is living at home. -(4) Parental payments for medical expenses, clothing, incidentals, and other items considered necessary for the normal rearing of a child. -(5) Transportation expenses incurred in visiting a child. -(d) The parental fee schedule shall exempt families with an income below the federal poverty level from assessment and payment of the parental fee. -(e) (1) The adjusted fee shall be assessed in full for children when the out-of-home placement commences on or after July 1, 2009. -(2) For children placed out-of-home prior to July 1, 2009, the department shall determine the increase in the parental fee above the amount assessed using the fee schedule in effect on June 30, 2009. This fee increase shall be implemented over three years, with one-third of the increase added to the fee on July 1, 2009, one-third of the increase added to the fee on July 1, 2010, and the final third added to the fee on July 1, 2011. -(f) Notwithstanding any other law, commencing July 1, 2009, all fees collected shall be remitted to the State Treasury to be deposited as follows: -(1) Fees collected up to the amount that would be assessed using the fee schedule in effect on June 30, 2009, shall be deposited into the Program Development Fund established in Chapter 6 (commencing with Section 4670) to provide resources needed to initiate new programs, consistent with approved priorities for program development in the state plan. -(2) Fees collected using the July 1, 2009, schedule that are greater than the amount that would have been assessed using the fee schedule in effect on June 30, 2009, shall be deposited into the Program Development Fund and shall be available for expenditure by the department to offset General Fund costs. -(g) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 4. -Section 4784 is added to the Welfare and Institutions Code, to read: -4784. -(a) The department shall assess a monthly fee to parents of children under 18 years of age who are receiving 24-hour out-of-home care services through a regional center or as a resident of a state hospital when the family’s gross income is above 200 percent of the federal poverty level. -(b) The monthly parental fees and credits established pursuant to this section shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. -(c) A monthly parental fee described in this section shall be assessed beginning 60 days from the date of the child’s placement in 24-hour out-of-home care. -(d) For the purpose of assessing the fee, parents shall provide income documentation to the department within 30 days of the date the department requested the documentation. Income documentation shall include a copy of a parent’s most recent federal tax return or a copy of each parent’s most recent paystub or employer-provided earnings statement, issued within 60 days of the date the department requested the documentation. A self-employed parent shall document his or her income by providing a copy of his or her most recent federal tax return. A parent without income documentation shall report and certify his or her income on a form provided by the department. -(e) (1) The monthly parental fee for parents who timely submit income documentation or from whom the department does not request income documentation shall be as follows: -(A) Parents who have a family income of 201 percent to 300 percent, inclusive, of the current federal poverty level shall be assessed a monthly fee of 3 percent of their annual gross income, divided by 12. -(B) Parents who have a family income of 301 percent to 400 percent, inclusive, of the current federal poverty level shall be assessed a monthly fee of 4 percent of their annual gross income, divided by 12. -(C) Parents who have a family income of 401 percent to 500 percent, inclusive, of the current federal poverty level shall be assessed a monthly fee of 5 percent of their annual gross income, divided by 12. -(D) Parents who have a family income of 501 percent or more of the current federal poverty level shall be assessed a monthly fee of 6 percent of their annual gross income, divided by 12. -(2) The monthly parental fee for parents who fail to provide income documentation to the department within 30 days of the date the department requested the documentation shall be equivalent to the maximum monthly cost of caring for a child, as determined by the most recent data available from the United States Department of Agriculture’s survey on the cost of raising a child in the west region. However, if parents whose monthly parental fee is calculated pursuant to this paragraph later provide the required income documentation, their monthly parental fee shall be recalculated pursuant to paragraph (1) and retroactively adjusted based on the income information provided. -(3) A monthly parental fee assessed pursuant to this section shall not exceed the maximum monthly cost of caring for a child, as determined by the most recent data available from the United States Department of Agriculture’s survey on the cost of raising a child in the west region, or the cost of the services provided, whichever is less. -(4) A monthly parental fee assessed pursuant to this section shall be recalculated every 12 months, on the date of the original fee assessment, and within 60 days of the date a parent notifies the department of a change in family income or family size and provides updated income documentation, as described in subdivision (d). -(5) Parents of children placed in 24-hour out-of-home care prior to July 1, 2016, shall have their initial monthly parental fee calculated, pursuant to the provisions of this section, at the time of their annual fee recalculation, or within 60 days of a parental request for review by the department and receipt of the family’s completed family financial statement. -(6) The department may grant a temporary waiver from paying the monthly parental fee for parents who substantiate, with receipts, an unavoidable and uninsured catastrophic loss with direct economic impact on the family or significant unreimbursed medical costs associated with care for a child who is a regional center consumer. -(f) Parents who remove their child from 24-hour out-of-home care for a home visit for six or more consecutive hours during a 24-hour period shall be entitled to a credit equal to one day of the monthly parental fee. A credit shall be calculated by multiplying the parents’ monthly parental fee by 12 and dividing that number by the number of days in the year. In order to receive a credit pursuant to this subdivision, parents shall submit a request to the department that is postmarked no later than 60 days after the day for which the credit was earned. Failure to comply with this requirement will result in a denial of the credit by the department. -(g) All fees collected shall be remitted to the State Treasury to be deposited into the Program Development Fund established in Chapter 6 (commencing with Section 4670) to provide resources needed to initiate new programs, consistent with approved priorities for the program development in the state plan, or to be used by the department to offset General Fund costs. -(h) Parents may appeal a determination of the amount of a monthly parental fee or the denial or amount of a credit requested pursuant to subdivision (f) by submitting a written appeal request to the director within 30 days of the date of the monthly parental fee confirmation letter or credit confirmation or denial letter. An appeal pursuant to this subdivision may consider only disputes concerning the family income used to set the monthly parental fee and the denial or amount of credit. The director, or his or her designee shall, within 30 days after receipt of the appeal, review the assessed monthly parental fee or credit denial or amount for accuracy and provide written notice of the decision to the appellant. The director or his or her designee shall, when deciding an appeal of a monthly parental fee, consider the income documentation and the calculation of the monthly parental fee described in subdivision (e). All decisions regarding monthly parental fee appeals shall be retroactive to the date the appealed monthly parental fee was assessed. -(i) This section shall become operative on July 1, 2016.","Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is required to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the Director of Developmental Services to establish, annually review, and adjust as needed, a schedule of parental fees to be paid by parents of children under 18 years of age who are receiving 24-hour out-of-home care services through a regional center or who are residents of a state hospital or on leave from the state hospital. -Existing law provides that all parental fees collected by or for regional centers are remitted to the State Treasury to be deposited in the Program Development Fund, a continuously appropriated fund. -This bill would, effective July 1, 2016, revise and recast those provisions by, among other things, calculating monthly parental fees based on a percentage of the parents’ annual income and authorizing a credit of the equivalent of one day of the monthly parental fee for each day a child spends 6 or more consecutive hours in a 24-hour period on a home visit. The bill would prohibit a monthly parental fee from exceeding the maximum monthly cost of caring for a child or the cost of services provided, whichever is less. The bill would require, for parents of children placed in 24-hour out-of-home care prior to July 1, 2016, the monthly parental fee to be calculated at the time of the parents’ annual fee recalculation, or within 60 days of a parental request for review by the department and receipt of the family’s completed family financial statement. The bill would provide that the Program Development Fund is available upon appropriation by the Legislature and make other related and conforming changes.","An act to amend Section 4677, to amend, repeal, and add Section 4784 of, and to repeal Section 4782 of, the Welfare and Institutions Code, relating to developmental services." -546,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10203.4 of the Insurance Code is amended to read: -10203.4. -(a) Insurance under a group life insurance policy issued pursuant to Sections 10202, 10202.8, 10203, 10203.1, and 10203.7 may be extended to insure the dependents, or any class or classes thereof, of each insured employee who so elects, in amounts in accordance with some plan that precludes individual selection and that shall not be in excess of 100 percent of the insurance on the life of the insured employee. For dependent children over the age of majority, the group policyholder may elect coverage at age variations up to the limiting age. -(b) “Dependent” includes the member’s spouse or a minor child, as well as a child older than the age of majority up to a maximum of 26 years of age, or any child over the age of majority who is both incapable of self-sustaining employment by reason of an intellectual disability or physical handicap and chiefly dependent upon the employee for support and maintenance if proof of the incapacity and dependency is furnished to the insurer by the employee within 31 days of the child’s attainment of the limiting age and subsequently as may be required by the insurer, but not more frequently than annually after the two-year period following the child’s attainment of the limiting age. -(c) The premiums for the insurance on the dependents may be paid by the employer, the employee, or the employer and the employee jointly. -SEC. 2. -Section 10271.1 of the Insurance Code is amended to read: -10271.1. -(a) (1) Supplemental benefits that operate to safeguard life insurance contracts against lapse are defined as a waiver of premium benefit or a waiver of monthly deduction benefit, as applicable, in which the insurer waives the premium or monthly deduction for a life insurance contract when the insured becomes totally disabled, as defined by the supplemental benefit, and where the waiver continues until the end of the insured’s disability, or for the period specified by the supplemental benefit, consistent with paragraph (5). -(2) For purposes of this subdivision, total disability shall not be less favorable to the insured than the following: -(A) During the first 24 months of total disability, the insured is unable to perform with reasonable continuity the substantial and material duties of his or her job due to sickness or bodily injury. -(B) After the first 24 months of total disability, the insured, due to sickness or bodily injury, is unable to engage with reasonable continuity in any other job in which he or she could reasonably be expected to perform satisfactorily in light of his or her age, education, training, experience, station in life, or physical and mental capacity. -(3) The definition of total disability may also include presumptive total disability, such as the insured’s total and permanent loss of sight of both eyes, hearing of both ears, speech, the use of both hands, both feet, or one hand and one foot. -(4) The insurer may require total disability to continue for an uninterrupted period of time specified by the supplemental benefit, or the insurer may allow separate periods of disability to be combined. -(5) The waiver of premium or monthly deduction benefit shall continue for the period specified by the supplemental benefit, but shall not be less favorable to the insured than the following: -(A) If the insured’s total disability begins before the insured attains 60 years of age, the insurer shall waive all premiums or monthly deductions due for the period that the insured continues to be totally disabled, except as follows: -(i) For group life insurance policies, if the insured’s total disability begins before the insured attains 60 years of age, the insurer shall waive all premiums or monthly deductions due for the period of total disability up to 65 years of age. Nothing in this subdivision shall preclude the insurer from extending a supplemental benefit for longer periods. -(ii) When a renewal is offered for a group life insurance policy that was issued prior to January 1, 2017, and contains a supplemental benefit described in this subparagraph, the insurer shall offer to renew the policy with a continuation of the in-force supplemental benefit, and may concurrently offer the group policyholder the option to change the supplemental benefit as described in clause (i). -(B) If the insured’s total disability begins after the age specified in subparagraph (A), the insurer shall waive all premiums or monthly deductions due for the period that the insured continues to be totally disabled up to 65 years of age, except as follows: -(i) For group life insurance policies, if the insured’s total disability begins on or after the date the insured attains 60 years of age, the insurer is not required to waive premiums or monthly deductions. Nothing in this subdivision shall preclude the insurer from extending a supplemental benefit for longer periods. -(ii) When a renewal is offered for a group life insurance policy that was issued prior to January 1, 2017, and contains a supplemental benefit described in this subparagraph, the insurer shall offer to renew the policy with a continuation of the in-force supplemental benefit, and may concurrently offer the group policyholder the option to change the supplemental benefit as described in clause (i). -(6) In addition to the permissible exclusions listed in subdivision (g) of Section 10271, the insurer may exclude a total disability occurring after the policy anniversary or supplemental contract anniversary, as applicable and as defined by the supplemental benefit, on which the insured attains a specified age of no less than 65 years. -(b) “Special surrender benefit” is defined as a “waiver of surrender charge benefit” wherein the insurer waives the surrender charge usually charged for a withdrawal of funds from the cash value of a life insurance contract or the account value of an annuity contract if the owner, insured, or annuitant, as applicable, meets any of the following criteria: -(1) Develops any medical condition where the owner’s, insured’s, or annuitant’s life expectancy is expected to be less than or equal to a limited period of time that shall not be restricted to a period of less than 12 months or greater than 24 months. -(2) Is receiving, as prescribed by a physician, registered nurse, or licensed social worker, home care or community-based services, as defined in subdivision (a) of Section 10232.9, or is confined in a skilled nursing facility, convalescent nursing home, or extended care facility, which shall not be defined more restrictively than as in the Medicare program, or is confined in a residential care facility or residential care facility for the elderly, as defined in the Health and Safety Code. Out-of-state providers of services shall be defined as comparable in licensure and staffing requirements to California providers. -(3) Has any medical condition that would, in the absence of treatment, result in death within a limited period of time, as defined by the supplemental benefit, but that shall not be restricted to a period of less than six months. -(4) Is totally disabled, as follows: -(A) During the first 24 months of total disability, the owner, insured, or annuitant, as applicable, is unable to perform with reasonable continuity the substantial and material duties of his or her job due to sickness or bodily injury. -(B) After the first 24 months of total disability, the owner, insured, or annuitant, as applicable, due to sickness or bodily injury, is unable to engage with reasonable continuity in any other job in which he or she could reasonably be expected to perform satisfactorily in light of his or her age, education, training, experience, station in life, or physical and mental capacity. -(C) The definition of total disability may also include presumptive total disability, such as the insured’s total and permanent loss of sight of both eyes, hearing of both ears, speech, the use of both hands, both feet, or one hand and one foot. -(D) The insurer may require the total disability to continue for an uninterrupted period of time specified by the supplemental benefit, or the insurer may allow separate periods of disability to be combined. -(5) Has a chronic illness as defined pursuant to either subparagraph (A) or (B): -(A) Either of the following: -(i) Impairment in performing two out of seven activities of daily living, as set forth in subdivisions (a) and (g) of Section 10232.8, meaning the insured needs human assistance, or needs continual substantial supervision. -(ii) The insured has an impairment of cognitive ability, meaning a deterioration or loss of intellectual capacity due to mental illness or disease, including Alzheimer’s disease or related illnesses, that requires continual supervision to protect oneself or others. -(B) Either of the following: -(i) Impairment in performing two out of six activities of daily living as described in subdivisions (b), (d), (e), and (f) of Section 10232.8 due to a loss of functional capacity to perform the activity. -(ii) Impairment of cognitive ability, meaning the insured needs substantial supervision due to severe cognitive impairment, as described in subdivisions (b), (d), and (e) of Section 10232.8. -(6) Has become involuntarily or voluntarily unemployed. -(c) The term “supplemental benefit” means a rider to or provision in a life insurance policy, certificate, or annuity contract that provides a benefit as set forth in subdivision (a) of Section 10271.","Existing law provides for the regulation of specified insurance products, including group life insurance, by the Insurance Commissioner. Existing law provides that insurance under a group life insurance policy may be extended to insure the dependents of each insured employee under the group policy, as specified. Existing law defines a dependent for these purposes as including the employee’s spouse and all children from birth until 26 years of age, or a child 26 years of age or older who is both incapable of self-sustaining employment by reason of intellectual disability or physical handicap and chiefly dependent upon the employee for support and maintenance, as specified. -This bill would clarify that for dependent children over the age of majority the group policyholder would be authorized to elect coverage at age variations up to the limiting age. -Existing law defines a waiver of premium benefit or a waiver of monthly deduction benefit under a life insurance contract as a supplemental benefit that operates to safeguard a life insurance contract against lapse when the insured becomes totally disabled, as defined by the supplemental benefit, and continues until the end of the insured’s disability or the period specified by the supplemental benefit, consistent with specified restrictions. Existing law requires, if the insured’s total disability begins before the insured attains 60 years of age, the insurer to waive all premiums or monthly deductions due for the period that the insured continues to be totally disabled. Existing law requires, if the insured’s total disability begins when the insured is 60 years of age or older, the insurer to waive all premiums or monthly deductions due for the period that the insured continues to be totally disabled up to 65 years of age. -This bill would require an insurer, for an insured who becomes totally disabled before attaining 60 years of age and is covered by a group life insurance policy that includes a supplemental benefit, to waive all premiums or monthly deductions due for the period of total disability up to the time the insured attains 65 years of age. The bill would also permit an insurer to collect premiums or monthly deductions from an insured who becomes totally disabled on or after 60 years of age and is covered by a group life insurance policy that includes a supplemental benefit. The bill would require an insurer offering a renewal for a group life insurance policy issued prior to January 1, 2017, that contains a supplemental benefit to offer the employer a continuation of the in-force supplemental benefit, and would authorize the insurer to concurrently offer the group policyholder the option to change the supplemental benefit to either waive or collect premiums or monthly deductions as described above.","An act to amend Sections 10203.4 and 10271.1 of the Insurance Code, relating to insurance." -547,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17406 of the Education Code, as amended by Section 1 of Chapter 408 of the Statutes of 2014, is amended to read: -17406. -(a) (1) Notwithstanding Section 17417, the governing board of a school district, without advertising for bids, may let, for a minimum rental of one dollar ($1) a year, to a person, firm, or corporation real property that belongs to the school district if the instrument by which this property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district. -(2) For a public project, as defined in subdivision (c) of Section 22002 of the Public Contract Code, regardless of its funding source, an instrument created pursuant to paragraph (1) shall also require that a person, firm, or corporation that constructs the building, including, but not limited to, the prime contractor and, if used, electrical, mechanical, and plumbing subcontractor, shall be subject to the same prequalification requirements for prospective bidders described in subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code, including the requirement for the completion and submission of a standardized prequalification questionnaire and financial statement that is verified under oath and is not a public record. -(b) A rental of property that complies with subdivision (a) as it reads on the day that the lease is entered into shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution. -(c) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. -SEC. 2. -Section 17407 of the Education Code, as amended by Section 3 of Chapter 408 of the Statutes of 2014, is amended to read: -17407. -(a) The governing board of a school district may enter into an agreement with a person, firm, or corporation under which that person, firm, or corporation shall construct, or provide for the construction of, a building to be used by the school district upon a designated site and lease the building and site to the school district. The instrument shall provide that the title to the building and site shall vest in the school district at the expiration of the lease, and may provide the means or method by which the title to the building and site shall vest in the school district before the expiration of the lease, and shall contain other terms and conditions as the governing board of the school district deems to be in the best interest of the school district. -(b) The agreement entered into shall be with the lowest responsible bidder who shall give the security that a governing board of a school district requires. The governing board of a school district may reject all bids. For the purpose of securing bids the governing board of a school district shall publish at least once a week for two weeks in a newspaper of general circulation published in the school district, or if there is no newspaper, then in a newspaper of general circulation circulated in the county, a notice calling for bids, stating the proposed terms of the agreement and the time and place where bids will be opened. -(c) For a public project, as defined in subdivision (c) of Section 22002 of the Public Contract Code, regardless of its funding source, an agreement entered into pursuant to subdivision (a) shall also require that a person, firm, or corporation that constructs the building, including, but not limited to, the prime contractor and, if used, electrical, mechanical, and plumbing subcontractor, under this section shall be subject to the same prequalification requirements for prospective bidders described in subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code, including the requirement for the completion and submission of a standardized prequalification questionnaire and financial statement that is verified under oath and is not a public record. -(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. -SEC. 3. -Section 17407.5 is added to the Education Code, to read: -17407.5. -(a) The governing board of a school district shall not enter into an agreement pursuant to Section 17406 or 17407 with any entity unless the entity provides to the governing board of the school district an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades. -(b) For purposes of this section: -(1) “Apprenticeable occupation” means an occupation for which the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations had approved an apprenticeship program pursuant to Section 3075 of the Labor Code before January 1, 2014. -(2) “Chief” means the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations. -(3) “Skilled and trained workforce” means a workforce that meets all of the following conditions: -(A) All the workers are either skilled journeypersons or apprentices registered in an apprenticeship program approved by the chief. -(B) (i) As of January 1, 2016, at least 30 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. -(ii) As of January 1, 2017, at least 40 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. -(iii) As of January 1, 2018, at least 50 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. -(iv) As of January 1, 2019, at least 60 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. -(C) For an apprenticeable occupation in which no apprenticeship program had been approved by the chief before January 1, 1995, up to one-half of the graduation percentage requirements of subparagraph (B) may be satisfied by skilled journeypersons who commenced working in the apprenticeable occupation before the chief’s approval of an apprenticeship program for that occupation in the county in which the project is located. -(4) “Skilled journeyperson” means a worker who either: -(A) Graduated from an apprenticeship program for the applicable occupation that was approved by the chief or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. -(B) Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief. -(c) An entity’s commitment that a skilled and trained workforce will be used to perform the project or contract may be established by any of the following: -(1) (A) The entity’s agreement with the governing board of the school district that the entity and its subcontractors at every tier will comply with the requirements of this section and that the entity will provide to the governing board of the school district, on a monthly basis while the project or contract is being performed, a report demonstrating that the entity and its subcontractors are complying with the requirements of this section. -(B) If the entity fails to provide to the governing board of the school district the monthly report pursuant to subparagraph (A), the governing board of the school district shall immediately cease making payments to the entity pursuant to the instrument or agreement described in Section 17406 or 17407. -(C) The monthly report provided to the governing board of the school district pursuant to this paragraph shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), and shall be open to public inspection. -(2) If the governing board of a school district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract and that includes the requirements of this section, the entity’s agreement that it will become a party to that project labor agreement. -(3) Evidence that the entity has entered into a project labor agreement that includes the requirements of this section and that will bind the entity and all its subcontractors at every tier performing the project or contract. -SEC. 4. -Section 20111.6 of the Public Contract Code is amended to read: -20111.6. -(a) This section shall apply only to public projects, as defined in subdivision (c) of Section 22002, for which the governing board of the district uses funds received pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code) or any funds received, including funds reimbursed, from any future state school bond for a public project that involves a projected expenditure of one million dollars ($1,000,000) or more. -(b) If the governing board of the school district enters into a contract meeting the criteria of subdivision (a), then the governing board of the school district shall require that prospective bidders for a construction contract complete and submit to the governing board of the school district a standardized prequalification questionnaire and financial statement. The questionnaire and financial statement shall be verified under oath by the bidder in the manner in which civil pleadings in civil actions are verified. The questionnaires and financial statements shall not be public records and shall not be open to public inspection. -(c) The governing board of the school district shall adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements. This system shall also apply to a person, firm, or corporation that constructs a building described in Section 17406 or 17407 of the Education Code. -(d) The questionnaire and financial statement described in subdivision (b), and the uniform system of rating bidders described in subdivision (c), shall cover, at a minimum, the issues covered by the standardized questionnaire and model guidelines for rating bidders developed by the Department of Industrial Relations pursuant to subdivision (a) of Section 20101. -(e) Each prospective bidder shall be furnished by the school district letting the contract with a standardized proposal form that, when completed and executed, shall be submitted as his or her bid. Bids not presented on the forms so furnished shall be disregarded. -(f) A proposal form required pursuant to subdivision (e) shall not be accepted from any person or other entity that is required to submit a completed questionnaire and financial statement for prequalification pursuant to subdivision (b) or from any person or other entity that uses a subcontractor that is required to submit a completed questionnaire and financial statement for prequalification pursuant to subdivision (b), but has not done so at least 10 business days before the date fixed for the public opening of sealed bids or has not been prequalified for at least five business days before that date. The school district may require the completed questionnaire and financial statement for prequalification to be submitted more than 10 business days before the fixed date for the public opening of sealed bids. The school district may also require the prequalification more than five business days before the fixed date. -(g) (1) The governing board of the school district may establish a process for prequalifying prospective bidders pursuant to this section on a quarterly or annual basis and a prequalification pursuant to this process shall be valid for one calendar year following the date of initial prequalification. -(2) The governing board of the school district shall establish a process to prequalify a person, firm, or corporation, including, but not limited to, the prime contractor and, if used, an electrical, mechanical, and plumbing subcontractor, to construct a building described in Section 17406 or 17407 of the Education Code on a quarterly or annual basis. A prequalification pursuant to this process shall be valid for one calendar year following the date of initial prequalification. -(h) This section shall not preclude the governing board of the school district from prequalifying or disqualifying a subcontractor of any specialty classification described in Section 7058 of the Business and Professions Code. -(i) For purposes of this section, bidders shall include both of the following: -(1) A prime contractor, as defined in Section 4113, that is either of the following: -(A) A general engineering contractor described in Section 7056 of the Business and Professions Code. -(B) A general building contractor described in Section 7057 of the Business and Professions Code. -(2) If utilized, each electrical, mechanical, and plumbing contractor, whether as a prime contractor or as a subcontractor, as defined in Section 4113. -(j) If a public project covered by this section includes electrical, mechanical, or plumbing components that will be performed by electrical, mechanical, or plumbing contractors, a list of prequalified general contractors and electrical, mechanical, and plumbing subcontractors shall be made available by the school district to all bidders at least five business days before the dates fixed for the public opening of sealed bids. The school district may require the list to be made available more than five business days before the fixed dates for the public opening of sealed bids. -(k) For purposes of this section, electrical, mechanical, and plumbing subcontractors are contractors licensed pursuant to Section 7058 of the Business and Professions Code, specifically contractors holding C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C-43, and C-46 licenses, pursuant to regulations of the Contractors’ State License Board. -(l) This section shall not apply to a school district with an average daily attendance of less than 2,500. -(m) (1) This section shall apply only to contracts awarded on or after January 1, 2014. -(2) The amendments made to this section by the act adding this paragraph shall apply only to contracts awarded on or after January 1, 2015. -(n) (1) On or before January 1, 2018, the Director of Industrial Relations shall (A) submit a report to the Legislature evaluating whether, during the years this section has applied to contracts, violations of the Labor Code on school district projects have decreased as compared to the same number of years immediately preceding the enactment of this section, and (B) recommend improvements to the system for prequalifying contractors and subcontractors on school district projects. -(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. -(o) This section shall become inoperative on January 1, 2019, and, as of July 1, 2019, is repealed.","Existing law authorizes the governing board of a school district, without advertising for bids, to lease real property for a minimum rental of $1 per year if the instrument by which this property is leased requires the lessee to construct, or provide for the construction of, a building to be used by the school district and provides that the title to the building shall vest in the school district at the end of the lease. Existing law, until January 1, 2019, also requires the instrument, if funds for the instrument derive from the Leroy F. Greene School Facilities Act of 1998 or from any future state school bond for a public project that involves a projected expenditure of $1,000,000 or more, to provide that the person, firm, or corporation that constructs the building shall comply with specified prequalification requirements. -Existing law also authorizes the governing board of a school district to enter into an agreement with the lowest responsible bidder to construct, or provide for the construction of, a building to be leased and used by the school district upon a designated site if the instrument provides that the title to the building and site shall vest in the school district at the end of the lease. Existing law, until January 1, 2019, requires the agreement, if funds for the agreement derive from the Leroy F. Greene School Facilities Act of 1998 or from any future state school bond for a public project that involves a projected expenditure of $1,000,000 or more, to provide that the person, firm, or corporation that constructs the building shall comply with specified prequalification requirements. -This bill would, until January 1, 2019, require the instrument and agreement to provide that the person, firm, or corporation that constructs the building to comply with specified prequalification requirements in this context regardless of the funding source for the public project. The bill would require that certain conditions relating to the use of a skilled and trained workforce on the project or contract be satisfied before the governing board of a school district may enter into a contract with any entity for the construction, or for providing for the construction of, a building to be leased or used by the school district. -Existing law requires, until January 1, 2019, the governing board of a school district that enters into a contract for a public project, as defined, for which the board uses moneys received pursuant to the Leroy F. Greene School Facilities Act of 1998 or moneys from future state school bonds for a public project that involves a projected expenditure of $1,000,000 or more, to require prospective bidders for a construction contract to complete and submit a standardized prequalification questionnaire and financial statement, as provided. -This bill would impose these requirements on a public project if funding for the project includes reimbursement from any future state school bond.","An act to amend Sections 17406 and 17407 of, and to add Section 17407.5 to, the Education Code, and to amend Section 20111.6 of the Public Contract Code, relating to school facilities." -548,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature that unencumbered restitution funds awarded to the state from a lawsuit involving Corinthian Colleges, Inc., and its affiliate institutions, including Heald College, shall be used to repay any funds provided to students pursuant to this act. -SEC. 2. -Section 69433.61 is added to the Education Code, to read: -69433.61. -(a) Notwithstanding any other law, a student who was enrolled and received a Cal Grant award in the 2013–14 or 2014–15 academic year at a California campus of Heald College, and was unable to complete an educational program offered by the campus due to the campus’ closure on April 27, 2015, shall not have the award years used at a Heald College campus considered for purposes of the limitation on the number of years of Cal Grant award eligibility. This restoration of award years for Cal Grant eligibility shall not exceed two years. -(b) A student shall be eligible for the restoration of award years if the student was enrolled at a campus of Heald College on April 27, 2015, or withdrew from enrollment between July 1, 2014, and April 27, 2015. The Bureau for Private Postsecondary Education shall provide the commission with information, if available, to confirm student enrollment for purposes of this section. -(c) An eligible student shall, before January 1, 2017, notify the commission of his or her intent to use the restoration of award years provided under this section and to enroll in an institution eligible for initial and renewal Cal Grant awards to be eligible for that restoration. -SEC. 3. -Section 69999.19 is added to the Education Code, to read: -69999.19. -(a) Notwithstanding any other law, a student who was enrolled and received a California National Guard Education Assistance Award in the 2013–14 or 2014–15 academic year at a California campus of Heald College, and was unable to complete an educational program offered by the campus due to the campus’ closure on April 27, 2015, shall not have the award years used at a Heald College campus considered for purposes of the limitation on the number of years of California National Guard Education Assistance Award eligibility. This restoration of award years for California National Guard Education Assistance Award eligibility shall not exceed two years. -(b) A student shall be eligible for the restoration of award years if the student was enrolled at a campus of Heald College on April 27, 2015, or withdrew from enrollment between July 1, 2014, and April 27, 2015. The Bureau for Private Postsecondary Education shall provide the commission with information, if available, to confirm student enrollment for purposes of this section. -(c) An eligible student shall, before January 1, 2017, notify the commission of his or her intent to use the restoration of award years provided under this section and to enroll in an institution eligible for initial and renewal California National Guard Education Assistance Awards to be eligible for that restoration. -SEC. 4. -Section 94051 is added to the Education Code, to read: -94051. -Notwithstanding any provision of law, for a period not to exceed two years from the date of the closure of Corinthian Colleges, Inc., a state agency that provides certification, registration, or licensure necessary to promote the safety and protection of the public may, on a case-by-case basis, consider for certification, registration, or licensure students who were enrolled in a program of Corinthian Colleges, Inc., that provided education or training aimed towards these students receiving certification, registration, or licensure from the state agency, and who did not receive that certification, registration, or licensure due to the closure of Corinthian Colleges, Inc. This consideration shall be provided at the discretion of the state agency in accordance with its public protection mandate and applicable criteria established by the agency for consumer safety. -SEC. 5. -Section 94925 of the Education Code is amended to read: -94925. -(a) The amount in the Student Tuition Recovery Fund shall not exceed thirty million dollars ($30,000,000) at any time. -(b) If the bureau has temporarily stopped collecting the Student Tuition Recovery Fund assessments because the fund has approached the thirty million dollar (30,000,000) limit in subdivision (a), the bureau shall resume collecting Student Tuition Recovery Fund assessments when the fund falls below twenty million dollars ($20,000,000). -(c) An otherwise eligible student who enrolled during a period when institutions were not required to collect Student Tuition Recovery Fund assessments is eligible for Student Tuition Recovery Fund payments despite not having paid any Student Tuition Recovery Fund assessment. -SEC. 6. -Section 94926.5 is added to the Education Code, to read: -94926.5. -(a) The Legislature finds and declares all of the following: -(1) Corinthian Colleges, Inc., has been the target of consumer and taxpayer protection enforcement efforts by the federal government, the Attorney General, and other state and federal authorities. -(2) Based on findings of harm to students enrolled at Corinthian Colleges, Inc., campuses, the United States Department of Education has announced debt relief programs to assist students, including all of the following: -(A) A student who attended a Corinthian Colleges, Inc., campus that closed on April 27, 2015, and withdrew any time after June 20, 2014, is eligible to apply for a closed school loan discharge, so long as the student does not transfer earned credit and subsequently complete a comparable program at another institution. -(B) A student who believes he or she was a victim of fraud or other violations of state law by Corinthian Colleges, Inc., can apply for debt relief under borrower defense to repayment. The United States Department of Education has determined that Corinthian Colleges, Inc., misrepresented job placement rates for a majority of programs at its Heald College campuses between 2010 and 2014 and is in the process of establishing a specific process for federal loan discharge for these Heald students. -(C) A Corinthian student who intends to submit a borrower defense claim may request loan forbearance while a claims review process is established and his or her claim is reviewed. -(3) Pursuant to Section 94923, the Student Tuition Recovery Fund exists to relieve or mitigate a student’s economic loss caused by a documented violation of certain laws or by institutional closure, as specified. -(4) On October 10, 2013, the Attorney General filed a lawsuit against Corinthian Colleges, Inc., for false and predatory advertising, intentional misrepresentations to students, securities fraud, and unlawful use of military seals in advertisements, in violation of the 2007 final judgment of the Los Angeles Superior Court in the People of the State of California v. Corinthian Schools, Inc. -(5) On April 16, 2015, the bureau issued an emergency decision ordering Corinthian Colleges, Inc., to cease enrollment of any new students in all programs at Everest College and WyoTech locations in California effective upon close of business April 23, 2015. -(6) It is consistent with the purpose of the Student Tuition Recovery Fund to provide assistance to Corinthian Colleges, Inc., students to obtain federal and private loan discharge and other financial aid relief. -(b) Upon appropriation by the Legislature, in response to the student harm caused by the practices and unlawful closure of Corinthian Colleges, Inc., grant funds shall be timely provided in accordance with this section to eligible nonprofit community service organizations, to assist the eligible students of that closed institution, including veterans, by relieving or mitigating the economic and educational opportunity loss incurred by eligible students of that institution. -(c) Services provided by eligible nonprofit community services organizations shall include assistance with loan discharge and other student financial aid, veterans education benefits, loan-related relief, and tuition recovery-related claims. Assistance may include, but is not limited to, outreach and education, screening requests for assistance, referring students for additional legal assistance through pro bono referral programs, and legal services. -(d) The terms and conditions of the grant agreements shall ensure that grant funds are used for the exclusive purpose of assisting eligible students with federal and private loan discharge and other financial aid relief, and that students eligible to claim recovery through the Student Tuition Recovery Fund are referred to the bureau for assistance with claim processing. -(e) For purposes of this section, an “eligible nonprofit community service organization” is an organization that satisfies all of the following conditions: -(1) The organization is a 501(c)(3) tax-exempt organization in good standing with the Internal Revenue Service and in compliance with all applicable laws and requirements. -(2) The organization demonstrates expertise in assisting students with, and currently provides free direct legal services to students for, or will work in partnership with or under the supervision of an attorney or a nonprofit legal services organization that has demonstrated expertise in assisting students with, student loan and tuition recovery-related matters. -(3) The organization does not charge students for services, including services provided pursuant to this section. -(f) For purposes of this section, an “eligible student” is a student who was enrolled at a California campus of, or a California student who was enrolled in an online campus of, a Corinthian Colleges, Inc., institution, and who is eligible to apply for debt relief from the United States Department of Education or other student financial aid relief. -(g) (1) The bureau shall notify the Attorney General of all unlawful Corinthian Colleges, Inc., closures within 15 days of the effective date of this section. -(2) The notification shall include the name and location of the school, the programs, and the number of students affected at each site of the school, as appropriate. The bureau shall provide the Attorney General with all additional information that the Attorney General may request, provided that the bureau has access to the requested information. -(3) The Attorney General shall, within 90 days of receipt of the notification, solicit grant applications from eligible nonprofit community service organizations as described in subdivision (e), select one or more of these organizations from among the applicants who are deemed to be qualified by the Attorney General, set additional terms and conditions of the grants as necessary, and notify the bureau and the recipient organization or organizations of the selection and the share of grant funds available that the organization shall receive. The Attorney General may enter into a contract with another qualified entity to perform the Attorney General’s duties under this subdivision. -(h) An eligible nonprofit community service organization that receives funds pursuant to this section shall enter into a grant agreement with the Attorney General, or a qualified entity entrusted with this authority pursuant to paragraph (3) of subdivision (g), as applicable, and shall use grant funds exclusively for the purposes set forth in this section in accordance with the agreement. Any unused funds shall be returned to the Attorney General, for return to the Student Tuition Recovery Fund. The Attorney General, or a contracted qualified entity, may terminate the grant agreement for material breach, and may require repayment of funds provided to the nonprofit community service organization during the time that the agreement was being materially breached. However, the Attorney General, or a qualified entity, shall provide the grantee with written notice of the breach and a reasonable opportunity of not less than 30 days to resolve the breach. -(i) An eligible nonprofit community service organization that receives a grant may give priority to low-income students if demand exceeds available grant funds. Otherwise, the organization may provide assistance regardless of student income level. -(j) (1) An eligible nonprofit community service organization that receives a grant shall report to the Attorney General, or a qualified entity pursuant to paragraph (3) of subdivision (g), as applicable, quarterly through the grant period on all of the following: -(A) The number of eligible students served pursuant to the grant agreement. -(B) A detailed summary of services provided to those students. -(C) The number of Student Tuition Recovery Fund claims referred to the bureau. -(D) The number of federal loan forgiveness claims filed and the number of those claims approved, denied, and pending. -(E) Any other information that is deemed appropriate by the Attorney General or qualified entity, as applicable. -(2) The Attorney General or qualified entity, as applicable, shall make the reports submitted pursuant to paragraph (1) available to the Legislature and the bureau upon request. -(3) The Attorney General or qualified entity, as applicable, shall provide the Legislature and the bureau a final report summarizing the information submitted pursuant to paragraph (1) promptly following the time when all funds are expended by the grantees or by August 1, 2018, whichever is earlier. -(k) Funds shall be distributed to preapproved nonprofit community service organizations as follows: -(1) Fifty percent shall be distributed to the grantee within 30 days of the grantee entering into a grant agreement. -(2) Twenty-five percent shall be distributed to the grantee upon the submission of the grantee’s second quarterly report. -(3) Twenty-five percent shall be distributed to the grantee upon the submission of the grantee’s third quarterly report. -(l) Eligible nonprofit community service organizations may use grant funds received pursuant to this section to pay the costs of assisting eligible students who have been served after the date of closure until June 30, 2018, or until any later date as may be determined necessary by the Attorney General. -(m) The adoption of any regulation pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public health and safety, or general welfare. -SEC. 7. -(a) The sum of one million three hundred thousand dollars ($1,300,000) is hereby appropriated from the Student Tuition Recovery Fund to the Attorney General for the purposes of providing grants pursuant to Section 94926.5 of the Education Code, and to pay an amount not to exceed one hundred fifty thousand dollars ($150,000) for the reasonable administrative costs of the Attorney General’s office related to these grants. -SEC. 8. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to provide immediate educational and economic relief to the thousands of students harmed by the closure of Corinthian Colleges, Inc., it is necessary for this act to take effect immediately.","(1) The California Private Postsecondary Education Act of 2009 provides for the regulation of private postsecondary educational institutions by the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. The act also establishes the Student Tuition Recovery Fund and requires the bureau to adopt regulations governing the administration and maintenance of the fund, including requirements relating to assessments on students and student claims against the fund, and establishes that the moneys in this fund are continuously appropriated to the bureau for specified purposes. The act caps the amount that may be in the fund at any time at $25,000,000. -This bill would raise the cap for the fund to $30,000,000. -(2) This bill would appropriate the sum of $1,300,000 from the Student Tuition Recovery Fund to the Attorney General for the purposes of providing grants to eligible nonprofit community service organizations to assist eligible students affected by the closure of Corinthian Colleges, Inc., as defined, with loan discharge and other student loan-related requests and tuition recovery-related claims, and to pay an amount not to exceed $150,000 for the reasonable administrative costs of the Attorney General’s office related to these grants, as specified, thereby making an appropriation. The bill would require the bureau to notify the Attorney General of all unlawful Corinthian Colleges, Inc., closures within 15 days of the effective date of these provisions. The bill would require the Attorney General to, among other things, within 90 days of the notification, solicit grant applications from eligible nonprofit community service organizations, select one or more of these organizations deemed to be qualified, and set additional terms and conditions of the grants as necessary. The bill would set a schedule for how grant funds are to be distributed. The bill would require the grantee to submit specified information to the Attorney General on a quarterly basis, and require the Attorney General to make these reports available to the Legislature and the bureau upon request. The bill would require the Attorney General to provide the Legislature and the bureau a final report summarizing all the information submitted to it by grantees, promptly following the time when all funds are expended by the grantees, or by August, 1, 2018, whichever is earlier. The bill would authorize the Attorney General to contract with another qualified entity to perform the Attorney General’s duties under these provisions. -(3) This bill would, for a period not to exceed 2 years from April 27, 2015, authorize state agencies that provide certification, registration, or licensure necessary to promote the safety and protection of the public to, on a case-by-case basis, consider for certification, registration, or licensure students who were enrolled in a program of Corinthian Colleges, Inc., that provided education or training aimed towards these students receiving certification, registration, or licensure from the state agency, and who did not receive that certification, registration, or licensure due to the closure of that institution. -(4) The Cal Grant Program prohibits an applicant from receiving Cal Grant awards totaling in excess of the amount equivalent to the award level for a total of four years of full-time attendance in an undergraduate program, except as provided. -This bill would partially exempt from this limitation on Cal Grant awards a student who was enrolled and received a Cal Grant award at a California campus of Heald College, and who was unable to complete an educational program offered by the campus due to its closure. -(5) The California National Guard Education Assistance Award Program authorizes the renewal of California National Guard Education Assistance Awards, for a maximum of the greater of either four years of full-time equivalent enrollment or the duration for which the qualifying member would otherwise be eligible pursuant to the Cal Grant Program, if specified conditions are met. -This bill would partially exempt from this limitation on California National Guard Education Assistance Awards a student who was enrolled and received a California National Guard Education Assistance Award at a California campus of Heald College, and who was unable to complete an educational program offered by the campus due to its closure. -(6) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 94925 of, and to add Sections 69433.61, 69999.19, 94051, and 94926.5 to, the Education Code, relating to higher education, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately." -549,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 60200 of the Education Code is amended to read: -60200. -The state board shall adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, for governing boards, subject to the following provisions: -(a) The state board shall adopt at least five basic instructional materials for all applicable grade levels in each of the following subject areas: -(1) Language arts, including, but not limited to, spelling, reading, and English language development. The state board may not adopt basic instructional materials in this subject area or the subject area specified by paragraph (2) in the year succeeding the year in which the state board adopts basic instructional materials in this subject area for the same grade level. -(2) Mathematics. The state board may not adopt basic instructional materials in this subject area or the subject area specified by paragraph (1) in the year succeeding the year in which the state board adopts basic instructional materials in this subject area for the same grade level. -(3) Science. -(4) Social science. -(5) Bilingual or bicultural subjects. -(6) Any other subject, discipline, or interdisciplinary areas for which the state board determines the adoption of instructional materials to be necessary or desirable. -(b) The state board shall adopt procedures for the submission of basic instructional materials in order to comply with each of the following: -(1) Instructional materials may be submitted for adoption in any of the subject areas pursuant to paragraphs (1) to (6), inclusive, of subdivision (a) at least once but not more than twice every eight years. The state board shall ensure that curriculum frameworks are reviewed and adopted in each subject area and that the criteria for evaluating instructional materials developed pursuant to subdivision (b) of Section 60204 are consistent with subdivision (c). The state board may prescribe reasonable conditions to restrict the resubmission of materials that have been previously rejected if those resubmitted materials have no substantive changes. -(2) If a publisher or manufacturer submits revisions to currently adopted instructional material for review after the timeframe specified by the state board, the department shall assess a fee on the submitting publisher or manufacturer in an amount that shall not exceed the reasonable costs to the department to conduct a review of the instructional material pursuant to this section. -(3) Submitted instructional materials shall be adopted or rejected within six months of the submission date of the materials pursuant to paragraph (1) unless the state board determines that a longer period of time, not to exceed an additional three months, is necessary due to the estimated volume or complexity of the materials for that subject in that year, or due to other circumstances beyond the reasonable control of the state board. -(4) The process for review of instructional materials shall involve review committees, which shall include, but not be limited to, volunteer content experts and instructional material reviewers, and shall be composed of a majority of classroom teachers from a wide variety of affected grade levels and subject areas. -(5) The rules and procedures for adoption of instructional materials shall be transparent and consistently applicable regardless of the format of the instructional materials, which may include, but not be limited to, print, digital, and open-source instructional materials. -(c) In reviewing and adopting or recommending for adoption submitted basic instructional materials, the state board shall use the following criteria, and ensure that, in its judgment, the submitted basic instructional materials meet all of the following criteria: -(1) Are consistent with the criteria and the standards of quality prescribed in the state board’s adopted curriculum framework. In making this determination, the state board shall consider both the framework and the submitted instructional materials as a whole. -(2) Comply with the requirements of Sections 60040, 60041, 60042, 60043, 60044, 60048, 60200.5, and 60200.6, and the state board’s guidelines for social content. -(3) Are factually accurate and incorporate principles of instruction reflective of current and confirmed research. -(4) Are aligned to the content standards adopted by the state board in the subject area and the grade level or levels for which they are submitted. -(5) Do not contain materials, including illustrations, that provide unnecessary exposure to a commercial brand name, product, or corporate or company logo. Materials, including illustrations, that contain a commercial brand name, product, or corporate or company logo may not be used unless the state board determines that the use of the commercial brand name, product, or corporate or company logo is appropriate based on one of the following specific findings: -(A) If text, the use of the commercial brand name, product, or corporate or company logo in the instructional materials is necessary for an educational purpose, as defined in the guidelines or frameworks adopted by the state board. -(B) If an illustration, the appearance of a commercial brand name, product, or corporate or company logo in an illustration in instructional materials is incidental to the general nature of the illustration. -(6) Meet other criteria as are established by the state board as being necessary to accomplish the intent of Section 7.5 of Article IX of the California Constitution and of Section 1 of Chapter 1181 of the Statutes of 1989, provided that the criteria are approved by resolution at the time the resolution adopting the framework for the current adoption is approved, or at least 12 months before the date that the materials are to be approved for adoption. -(d) If basic instructional materials are rejected, the state board shall provide a specific, written explanation of the reasons why the submitted materials were not adopted, based on one or more of the criteria established under subdivision (c). In providing this explanation, the state board may use, in whole or in part, materials written by the Superintendent or any other advisers to the state board. -(e) The state board may adopt fewer than five basic instructional materials in each subject area for each grade level if either of the following occurs: -(1) Fewer than five basic instructional materials are submitted. -(2) The state board specifically finds that fewer than five basic instructional materials meet the criteria prescribed by paragraphs (1) to (5), inclusive, of subdivision (c), or the materials fail to meet the state board’s adopted curriculum framework. If the state board adopts fewer than five basic instructional materials in any subject for any grade level, the state board shall conduct a review of the degree to which the criteria and procedures used to evaluate the submitted materials for that adoption were consistent with the state board’s adopted curriculum framework. -(f) This section does not limit the authority of the state board to adopt materials that are not basic instructional materials. -(g) Consistent with the quality criteria for the state board’s adopted curriculum framework, the state board shall prescribe procedures to provide the most open and flexible materials submission system and ensure that the adopted materials in each subject, taken as a whole, provide for the educational needs of the diverse pupil populations in the public schools, provide collections of instructional materials that illustrate diverse points of view, represent cultural pluralism, and provide a broad spectrum of knowledge, information, and technology-based materials to meet the goals of the program and the needs of pupils. -(h) Upon making an adoption, the state board shall make available to listed publishers and manufacturers and all school interests a listing of instructional materials, including the most current unit cost of those materials as computed pursuant to existing law. Items placed upon lists shall remain thereon, and be available for procurement through the state’s systems of financing, from the date of the adoption of the item and until a date established by the state board. The date established by the state board for continuing items on that list shall be the date on which the state board adopts instructional materials based on a new or revised curriculum framework. Lists of adopted instructional materials shall be made available by subject and grade level to school districts and posted on the department’s Internet Web site, and shall include information from the reports of findings from the review committees pursuant to paragraph publisher of instructional materials from including whatever corporate name or logo on the instructional materials that is necessary to provide basic information about the publisher, to protect its copyright, or to identify third-party sources of content. -(n) The state board may adopt regulations that provide for other exceptions to this section, as determined by the state board. -(o) The Superintendent shall develop, and the state board shall adopt, guidelines to implement this section. -SEC. 2. -Section 60227 is added to the Education Code, to read: -60227. -(a) For purposes of this section, a followup adoption is any adoption other than the primary adoption that occurs within the eight-year cycle established pursuant to subdivision (b) of Section 60200. -(b) Before conducting a followup adoption in a given subject area, the department shall post an appropriate notice on the department’s Internet Web site pursuant to subdivision (c) and notify all publishers or manufacturers known to produce basic instructional materials in that subject area. -(c) The notice shall specify that each publisher or manufacturer choosing to participate in the followup adoption shall be assessed a fee based on the number of programs the publisher or manufacturer indicates will be submitted for review and the number of grade levels proposed to be covered by each program. -(d) The fee shall offset the cost of conducting the followup adoption process and shall reflect the department’s best estimate of the cost. The department shall take reasonable steps to limit costs of the followup adoption and to keep the fee modest, recognizing that some of the work necessary for the primary adoption need not be duplicated. -(e) The department, before incurring substantial costs for the followup adoption, shall require that a publisher or manufacturer who wishes to participate in the followup adoption first declare the intent to submit one or more specific programs for the followup adoption and specify the specific grade levels to be covered by each program. After a publisher or manufacturer has declared the intent to submit one or more programs and the grade levels to be covered by each program, the department shall assess a fee. The fee shall be payable by the publisher or manufacturer even if the publisher or manufacturer subsequently chooses to withdraw a program or reduce the number of grade levels covered. A submission by a publisher or manufacturer shall not be reviewed for purposes of adoption, either in a followup adoption or in any other primary or followup adoption conducted thereafter, until the fee assessed has been paid in full. -(f) (1) It is the intent of the Legislature that the fee not be so substantial that it prevents small publishers or manufacturers from participating in a followup adoption. -(2) Upon the request of a small publisher or manufacturer, the state board may reduce the fee for participation in the followup adoption. -(3) For purposes of this section, “small publisher” and “small manufacturer” mean an independently owned or operated publisher or manufacturer who is not dominant in its field of operation, and who, together with its affiliates, has 100 or fewer employees, and has average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years. -(g) Revenue derived from fees charged pursuant to subdivision (e) shall be budgeted as reimbursements and subject to review through the annual budget process and may be used to pay costs associated with any adoption and any costs associated with the review of instructional materials. -(h) If the department determines that there is little or no interest by publishers and manufacturers in participating in a followup adoption, the department shall recommend to the state board that the followup adoption not be conducted and the state board may choose not to conduct the followup adoption. -(i) General fund revenue shall not be used for the cost of conducting a followup adoption pursuant to this section. -(j) This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date.","Existing law requires the State Board of Education to adopt instructional materials for kindergarten and grades 1 to 8, inclusive, and to adopt procedures for the submission of instructional materials, and provides that instructional materials may be submitted for adoption in specified subject areas every 8 years. -This bill would instead provide that instructional materials may be submitted for adoption at least once but no more than twice every 8 years. The bill, until January 1, 2024, would require the State Department of Education, before conducting a followup adoption, as defined, in a given subject area to post a notice on the department’s Internet Web site and notify all publishers or manufacturers known to produce basic instructional materials in that subject area that each publisher and manufacturer choosing to participate in the followup adoption shall be assessed a fee, as specified.","An act to amend Section 60200 of, and to add and repeal Section 60227 of, the Education Code, relating to instructional materials." -550,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 143.1 of the Labor Code is amended to read: -143.1. -(a) The board shall conduct hearings on such requests for a permanent variance after employees or employee representatives of the applicant are properly notified. The applicant shall also give notice to workers at the place of employment who will be affected by the permanent variance, or representatives of affected employees who may be affected by, or exposed to, hazards by the permanent variance from an occupational safety and health standard. The applicant shall provide certification that the affected employees have been given notice of the request for a permanent variance. -(b) Upon request to the board, affected employees or their representatives shall be granted party status to the variance proceeding. -(c) All board decisions on a permanent variance shall be final except for a rehearing or judicial review provided for by law. -SEC. 2. -Section 6450 of the Labor Code is amended to read: -6450. -(a) Any employer may apply to the division for a temporary order granting a variance from an occupational safety or health standard. A temporary order shall be granted only if the employer files an application that meets the requirements of Section 6451, and establishes the following: -(1) The employer is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date. -(2) The employer is taking all available steps to safeguard employees against the hazards covered by the standard. -(3) The employer has an effective program for coming into compliance with the standard as quickly as practicable. -(b) Any temporary order issued under this section shall prescribe the practices, means, methods, operations, and processes the employer is required to adopt and use while the order is in effect and state in detail a program for coming into compliance with the standard. Such a temporary order may be granted only after notice to employees and other affected workers as described in Section 6450.5 and an opportunity for a hearing. However, the division may issue one interim order for a temporary variance upon submission of an application showing that the employment or place of employment will be safe for employees and other affected workers pending a hearing on the application for a temporary variance. A temporary order shall not be in effect for longer than the period needed by the employer to achieve compliance with the standard or one year, whichever is shorter, except that such an order may be renewed not more than twice provided that the requirements of this section are met and an application for renewal is filed before the expiration date of the order. A single renewal of an order shall not remain in effect for longer than 180 days. -SEC. 3. -Section 6450.5 is added to the Labor Code, to read: -6450.5. -The employer shall also give notice to workers at the place of employment who will be affected by the temporary variance, or representatives of affected workers, who may be affected by or exposed to the hazard covered by the standard, by the temporary variance from an occupational safety and health standard. Upon request to the division, or to the standards board upon appeal pursuant to Section 6455, any affected worker, or representative of affected workers, shall be granted party status to the variance proceedings. -SEC. 4. -Section 6451 of the Labor Code is amended to read: -6451. -An application for a temporary order under Section 6450 shall contain all of the following: -(a) A specification of the standard or portion thereof from which the employer seeks a variance. -(b) A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that the employer is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor. -(c) A statement of the steps the employer has taken and will take, with specific dates, to protect employees against the hazard covered by the standard. -(d) A statement of when the employer expects to be able to comply with the standard and what steps the employer has taken and will take, with dates specified, to come into compliance with the standard. -(e) A certification that the employer has informed employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition the division for a hearing. -(f) A certification that the employer has given notice as required in Section 6450.5. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law establishes the Occupational Safety and Health Standards Board in the Department of Industrial Relations to adopt, amend, or repeal employment safety standards and laws. Existing law authorizes the board, upon the application of an employer, to grant a permanent variance from an occupational standard or order after specified notice and hearing requirements are met. The California Occupational Safety and Health Act of 1973 also authorizes an employer to apply to the Division of Occupational Safety and Health, that enforces employment safety laws, for a temporary order granting a variance from an occupational safety or health standard and requires the order to be granted only if the employer’s application satisfies specified requirements. Existing law provides that a temporary order may be granted only after notice to employees and an opportunity for a hearing. Existing law specifies the information that an application for a temporary order is required to contain. -This bill would require an employer to also give notice to workers at the place of employment who will be affected by a permanent or temporary variance, or representatives of affected workers, who may be affected by or exposed to the hazards by the permanent or temporary variance from an occupational safety and health standard. The bill would require any affected worker, or representative of affected workers, upon request, to be granted party status to the variance proceedings. The bill would require the variance application to include a certification that the employer has given notice to affected workers as required. Because a violation of the new requirements for employers would be a crime under certain circumstances, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 143.1, 6450, and 6451 of, and to add Section 6450.5 to, the Labor Code, relating to employment." -551,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1250.8 of the Health and Safety Code is amended to read: -1250.8. -(a) Notwithstanding subdivision (a) of Section 127170, the department, upon application of a general acute care hospital that meets all the criteria of subdivision (b), and other applicable requirements of licensure, shall issue a single consolidated license to a general acute care hospital that includes more than one physical plant maintained and operated on separate premises or that has multiple licenses for a single health facility on the same premises. A single consolidated license shall not be issued where the separate freestanding physical plant is a skilled nursing facility or an intermediate care facility, whether or not the location of the skilled nursing facility or intermediate care facility is contiguous to the general acute care hospital unless the hospital is exempt from the requirements of subdivision (b) of Section 1254, or the facility is part of the physical structure licensed to provide acute care. -(b) The issuance of a single consolidated license shall be based on the following criteria: -(1) There is a single governing body for all the facilities maintained and operated by the licensee. -(2) There is a single administration for all the facilities maintained and operated by the licensee. -(3) There is a single medical staff for all the facilities maintained and operated by the licensee, with a single set of bylaws, rules, and regulations, that prescribe a single committee structure. -(4) Except as provided otherwise in this paragraph, the physical plants maintained and operated by the licensee which are to be covered by the single consolidated license are located not more than 15 miles apart. If an applicant provides evidence satisfactory to the department that it can comply with all requirements of licensure and provide quality care and adequate administrative and professional supervision, the director may issue a single consolidated license to a general acute care hospital that operates two or more physical plants located more than 15 miles apart under any of the following circumstances: -(A) One or more of the physical plants is located in a rural area, as defined by regulations of the director. -(B) One or more of the physical plants provides only outpatient services, as defined by the department. -(C) One or more of the physical plants is an emergency department, as defined in subdivision (b) of Section 128700. -(D) If Section 14105.986 of the Welfare and Institutions Code is implemented and the applicant meets all of the following criteria: -(i) The applicant is a nonprofit corporation. -(ii) The applicant is a children’s hospital listed in Section 10727 of the Welfare and Institutions Code. -(iii) The applicant is affiliated with a major university medical school and located adjacent thereto. -(iv) The applicant operates a regional tertiary care facility. -(v) One of the physical plants is located in a county that has a consolidated and county government structure. -(vi) One of the physical plants is located in a county having a population between 1,000,000 and 2,000,000. -(vii) The applicant is located in a city with a population between 50,000 and 100,000. -(c) In issuing the single consolidated license, the state department shall specify the location of each supplemental service and the location of the number and category of beds provided by the licensee. The single consolidated license shall be renewed annually. -(d) To the extent required by Chapter 1 (commencing with Section 127125) of Part 2 of Division 107, a general acute care hospital that has been issued a single consolidated license: -(1) Shall not transfer from one facility to another a special service described in Section 1255 without first obtaining a certificate of need. -(2) Shall not transfer, in whole or in part, from one facility to another, a supplemental service, as defined in regulations of the director pursuant to this chapter, without first obtaining a certificate of need, unless the licensee, 30 days prior to the relocation, notifies the Office of Statewide Health Planning and Development, the applicable health systems agency, and the state department of the licensee’s intent to relocate the supplemental service, and includes with this notice a cost estimate, certified by a person qualified by experience or training to render the estimates, which estimates that the cost of the transfer will not exceed the capital expenditure threshold established by the Office of Statewide Health Planning and Development pursuant to Section 127170. -(3) Shall not transfer beds from one facility to another facility, without first obtaining a certificate of need unless, 30 days prior to the relocation, the licensee notifies the Office of Statewide Health Planning and Development, the applicable health systems agency, and the state department of the licensee’s intent to relocate health facility beds, and includes with this notice both of the following: -(A) A cost estimate, certified by a person qualified by experience or training to render the estimates, which estimates that the cost of the relocation will not exceed the capital expenditure threshold established by the Office of Statewide Health Planning and Development pursuant to Section 127170. -(B) The identification of the number, classification, and location of the health facility beds in the transferor facility and the proposed number, classification, and location of the health facility beds in the transferee facility. -Except as otherwise permitted in Chapter 1 (commencing with Section 127125) of Part 2 of Division 107, or as authorized in an approved certificate of need pursuant to that chapter, health facility beds transferred pursuant to this section shall be used in the transferee facility in the same bed classification as defined in Section 1250.1, as the beds were classified in the transferor facility. -Health facility beds transferred pursuant to this section shall not be transferred back to the transferor facility for two years from the date of the transfer, regardless of cost, without first obtaining a certificate of need pursuant to Chapter 1 (commencing with Section 127125) of Part 2 of Division 107. -(e) Transfers pursuant to subdivision (d) shall satisfy all applicable requirements of licensure and shall be subject to the written approval, if required, of the state department. The state department may adopt regulations that are necessary to implement this section. These regulations may include a requirement that each facility of a health facility subject to a single consolidated license have an onsite full-time or part-time administrator. -(f) As used in this section, “facility” means a physical plant operated or maintained by a health facility subject to a single, consolidated license issued pursuant to this section. -(g) For purposes of selective provider contracts negotiated under the Medi-Cal program, the treatment of a health facility with a single consolidated license issued pursuant to this section shall be subject to negotiation between the health facility and the California Medical Assistance Commission. A general acute care hospital that is issued a single consolidated license pursuant to this section may, at its option, be enrolled in the Medi-Cal program as a single business address or as separate business addresses for one or more of the facilities subject to the single consolidated license. Irrespective of whether the general acute care hospital is enrolled at one or more business addresses, the department may require the hospital to file separate cost reports for each facility pursuant to Section 14170 of the Welfare and Institutions Code. -(h) For purposes of the Annual Report of Hospitals required by regulations adopted by the state department pursuant to this part, the state department and the Office of Statewide Health Planning and Development may require reporting of bed and service utilization data separately by each facility of a general acute care hospital issued a single consolidated license pursuant to this section. -(i) The amendments made to this section during the 1985–86 Regular Session of the Legislature pertaining to the issuance of a single consolidated license to a general acute care hospital in the case where the separate physical plant is a skilled nursing facility or intermediate care facility shall not apply to the following facilities: -(1) A facility that obtained a certificate of need after August 1, 1984, and prior to February 14, 1985, as described in this subdivision. The certificate of need shall be for the construction of a skilled nursing facility or intermediate care facility that is the same facility for which the hospital applies for a single consolidated license, pursuant to subdivision (a). -(2) A facility for which a single consolidated license has been issued pursuant to subdivision (a), as described in this subdivision, prior to the effective date of the amendments made to this section during the 1985–86 Regular Session of the Legislature. -A facility that has been issued a single consolidated license pursuant to subdivision (a), as described in this subdivision, shall be granted renewal licenses based upon the same criteria used for the initial consolidated license. -(j) If the state department issues a single consolidated license pursuant to this section, the state department may take any action authorized by this chapter, including, but not limited to, any action specified in Article 5 (commencing with Section 1294), with respect to a facility, or a service provided in a facility, that is included in the consolidated license. -(k) The eligibility for participation in the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) of a facility that is included in a consolidated license issued pursuant to this section, provides outpatient services, and is located more than 15 miles from the health facility issued the consolidated license shall be subject to a determination of eligibility by the state department. This subdivision shall not apply to a facility that is located in a rural area and is included in a consolidated license issued pursuant to subparagraphs (A), (B), and (C) of paragraph (4) of subdivision (b). Regardless of whether a facility has received or not received a determination of eligibility pursuant to this subdivision, this subdivision shall not affect the ability of a licensed professional, providing services covered by the Medi-Cal program to a person eligible for Medi-Cal in a facility subject to a determination of eligibility pursuant to this subdivision, to bill the Medi-Cal program for those services provided in accordance with applicable regulations. -(l) Notwithstanding any other provision of law, the director may issue a single consolidated license for a general acute care hospital to Children’s Hospital Oakland and San Ramon Regional Medical Center. -(m) Notwithstanding any other provision of law, the director may issue a single consolidated license for a general acute care hospital to Children’s Hospital Oakland and the John Muir Medical Center, Concord Campus. -(n) (1) To the extent permitted by federal law, payments made to Children’s Hospital Oakland pursuant to Section 14166.11 of the Welfare and Institutions Code shall be adjusted as follows: -(A) The number of Medi-Cal payment days and net revenues calculated for the John Muir Medical Center, Concord Campus under the consolidated license shall not be used for eligibility purposes for the private hospital disproportionate share hospital replacement funds for Children’s Hospital Oakland. -(B) The number of Medi-Cal payment days calculated for hospital beds located at -the -John Muir Medical Center, Concord Campus that are included in the consolidated license beginning in the 2007–08 fiscal year shall only be used for purposes of calculating disproportionate share hospital payments authorized under Section 14166.11 of the Welfare and Institutions Code at Children’s Hospital Oakland to the extent that the inclusion of those days does not exceed the total Medi-Cal payment days used to calculate Children’s Hospital Oakland payments for the 2006–07 fiscal year disproportionate share replacement. -(2) This subdivision shall become inoperative in the event that the two facilities covered under the consolidated license described in subdivision (a) are located within a 15-mile radius of each other. -SEC. 2. -Section 1255.15 is added to the Health and Safety Code, to read: -1255.15. -(a) If a general acute care hospital (closing hospital) that provides emergency medical services pursuant to Section 1255 is either scheduled for closure or has surrendered its license for suspension or cancellation pursuant to Section 1300, the closing hospital’s emergency medical services may continue to be provided at the same location or locations by another general acute care hospital (acquiring hospital) that has a special permit to offer emergency medical services pursuant to paragraph (3) of subdivision (a) of Section 1255, notwithstanding that basic services are not offered at the closing hospital’s location or locations. -(b) Pursuant to subdivisions (a) and (b) of Section 1250.8, a single consolidated license shall be issued to the acquiring hospital to permit the continued provision of emergency medical services at the closing hospital’s location or locations if located not more than 15 miles apart from the acquiring hospital. -(c) Notwithstanding paragraph (4) of subdivision (b) of Section 1250.8, the director shall issue a single consolidated license to the acquiring hospital to permit the continued provision of emergency medical services at the closing hospital’s location or locations, even if located more than 15 miles apart from the acquiring hospital, if the acquiring hospital provides evidence satisfactory to the department that it can comply with all requirements of licensure and provide quality care and adequate administrative and professional supervision. -SEC. 3. -Section 128700 of the Health and Safety Code is amended to read: -128700. -As used in this chapter, the following terms mean: -(a) “Ambulatory surgery procedures” mean those procedures performed on an outpatient basis in the general operating rooms, ambulatory surgery rooms, endoscopy units, or cardiac catheterization laboratories of a hospital or a freestanding ambulatory surgery clinic. -(b) “Emergency department” means, -in -with respect to -a hospital licensed to provide emergency medical services, the location in which those services are provided. -(c) “Encounter” means a face-to-face contact between a patient and the provider who has primary responsibility for assessing and treating the condition of the patient at a given contact and exercises independent judgment in the care of the patient. -(d) “Freestanding ambulatory surgery clinic” means a surgical clinic that is licensed by the state under paragraph (1) of subdivision (b) of Section 1204. -(e) “Health facility” or “health facilities” means all health facilities required to be licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2. -(f) “Hospital” means all health facilities except skilled nursing, intermediate care, and congregate living health facilities. -(g) “Office” means the Office of Statewide Health Planning and Development. -(h) “Risk-adjusted outcomes” means the clinical outcomes of patients grouped by diagnoses or procedures that have been adjusted for demographic and clinical factors.","Existing law requires the State Department of Public Health to issue a single consolidated license to a general acute care hospital that includes more than one physical plant maintained and operated on separate premises if all applicable requirements of licensure, as specified, are satisfied. Under existing law, the physical plants maintained and operated under a general acute care hospital’s single consolidated license must be located no more than 15 miles apart, unless a specified exception applies. -This bill would create an exception to permit a general acute care hospital to operate an emergency department located more than 15 miles from its main physical plant, if all applicable requirements of licensure are satisfied. -The bill would also permit a closing general acute care hospital’s emergency department to continue to be operated at the same location or locations by an acquiring general acute care hospital, as specified. The bill would create an exception to permit the acquiring general acute care hospital to operate the closing general acute care hospital’s emergency department at that location or locations, even if located more than 15 miles from the acquiring general acute care hospital’s main physical plant, if all applicable requirements of licensure are satisfied.","An act to amend -Section -Sections -1250.8 -and 128700 -of -, and to add Section 1255.15 to, -the Health and Safety Code, relating to health facilities." -552,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) Research points to a strong connection between mental wellness and academic achievement. -(2) Research demonstrates that early detection and treatment of mental illness improves attendance, behavior, and academic achievement. -(3) It is estimated that 20 percent of children have mental health issues, 80 percent of whom are estimated to be undiagnosed and untreated. The lack of attention to a child’s mental health has significant effects on his or her school achievement and life outcomes. -(4) Mental health challenges disproportionately impact pupils who face stressors such as violence, trauma, and poverty. -(5) California’s educators report their lack of preparedness in addressing pupil mental health challenges as a major barrier to instruction. Most educators and staff lack training to identify pupils who may be in need of support and to make referrals, as appropriate, to help pupils overcome and manage mental health issues and succeed in school. -(6) The State Department of Education has identified inadequate service referral and inconsistent pupil mental health policies as major factors contributing to pupils’ lack of access to support for mental health concerns. -(7) Several initiatives are underway to improve the early identification and referral of pupils for help with mental health challenges. These include the California County Superintendents Educational Services Association’s K-12 Student Mental Health Initiative, funded by the California Mental Health Services Authority; the federally funded Project Cal-Well administered by the State Department of Education; Training Educators through Recognition and Identification Strategies (TETRIS); the Eliminating Barriers to Learning (EBL) project administered by the State Department of Education and funded by the California Mental Health Services Authority; and the Student Mental Health Policy Workgroup established by the Superintendent of Public Instruction and the California Mental Health Services Authority. -(8) In spite of these efforts, no model referral protocol exists to guide schools and local educational agencies in appropriate and timely intervention for pupil mental health concerns. -(9) The State Department of Education, through its Project Cal-Well and its Student Mental Health Policy Workgroup, is well positioned to provide state leadership and guidance to local educational agencies so that they are better able to address pupil mental health concerns. -(b) It is therefore the intent of the Legislature to direct the development of model, evidence-based referral protocols for addressing pupil mental health concerns that may be voluntarily used by schoolsites, school districts, county offices of education, charter schools, and teacher and administrator preparation programs. -SEC. 2. -Section 33319.6 is added to the Education Code, to read: -33319.6. -(a) The department shall develop model referral protocols for addressing pupil mental health concerns. In developing these protocols, the department shall consult with the members of the Student Mental Health Policy Workgroup, local educational agencies that have served as state or regional leaders in state or federal pupil mental health initiatives, county mental health programs, current classroom teachers and administrators, current schoolsite classified staff, current schoolsite staff who hold pupil personnel services credentials, current school nurses, current school counselors, and other professionals involved in pupil mental health as the department deems appropriate. -(b) These protocols shall be designed for use, on a voluntary basis, by schoolsites, school districts, county offices of education, charter schools, and the state special schools for the blind and the deaf, and by teacher, administrator, school counselor, pupil personnel services, and school nurse preparation programs operated by institutions of higher education. The protocols shall do all of the following: -(1) Address the appropriate and timely referral by school staff of pupils with mental health concerns. -(2) Reflect a multitiered system of support processes and positive behavioral interventions and supports. -(3) Be adaptable to varied local service arrangements for mental health services. -(4) Reflect evidence-based and culturally appropriate approaches to pupil mental health referral. -(5) Address the inclusion of parents and guardians in the referral process. -(6) Be written to ensure clarity and ease of use by certificated and classified school employees. -(7) Reflect differentiated referral processes for pupils with disabilities and other populations for whom the referral process may be distinct. -(8) Be written to ensure that school employees act only within the authorization or scope of their credential or license. Nothing in this section shall be construed as authorizing or encouraging school employees to diagnose or treat mental illness unless they are specifically licensed and employed to do so. -(9) Be consistent with state activities conducted by the department in the administration of federally funded mental health programs. -(c) The department shall post the model referral protocols on its Internet Web site so that they may be accessed and used by educational institutions specified in subdivision (b). -(d) This section is contingent upon funds being appropriated for its purpose to the department in the annual Budget Act or other legislation, or state, federal, or private funds being allocated for this purpose. -(e) The model referral protocols shall be completed and made available within two years of the date funds are received or allocated to implement this section.","Existing law provides that school districts and county offices of education are responsible for the overall development of a comprehensive school safety plan for each of their constituent schools, and encourages school safety plans to include clear guidelines for the roles and responsibilities of certain parties with school-related health and safety responsibilities, as specified. -This bill would require the State Department of Education to develop model referral protocols, as provided, for addressing pupil mental health concerns. The bill would require the department to consult with various entities in developing the protocols, including current classroom teachers and administrators. The bill would require the department to post the model referral protocols on its Internet Web site. The bill would make these provisions contingent upon funds being appropriated for its purpose in the annual Budget Act or other legislation, or state, federal, or private funds being allocated for this purpose. The bill would also state various findings and declarations of the Legislature relating to pupil mental health.","An act to add Section 33319.6 to the Education Code, relating to pupil health." -553,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 79707.5 is added to the Water Code, to read: -79707.5. -In furtherance of subdivision (g) of Section 79707, all recipients of funding pursuant to Chapter 6 (commencing with Section 79730) shall post signs acknowledging the source of funds in accordance with guidelines that the secretary shall develop. For the purposes of this section, state funding shall be listed first on the sign if the state is the source of 50 percent or more of the total project costs. -SECTION 1. -Chapter 11.2 (commencing with Section 8852) is added to Division 1 of Title 2 of the -Government Code -, to read: -11.2. -State Facilities Renewal Bond Act of 2016 -1. -General Provisions -8852. -This chapter shall be known as the State Facilities Renewal Bond Act of 2016. -8852.1. -As used in this chapter, the following terms have the following meanings: -(a)“Committee” means the State Facilities Renewal Bond Finance Committee created pursuant to Section 8852.31. -(b)“Fund” means the State Facilities Renewal Bond Fund created pursuant to Section 8852.2. -(c)“State agency” means any state agency, department, office, division, bureau, board, commission, district agricultural association, the California State University, the University of California, and the Judicial Council. -(d)“Deferred maintenance projects” means delayed projects to replace infrastructure and building components in order to preserve or maintain these assets in an acceptable condition. -2. -State Facilities Renewal Bond Fund and Program -8852.2. -(a)The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the State Facilities Renewal Bond Fund, which is hereby created. Fund moneys shall only be used to address deferred maintenance projects on state-owned property and shall be made available for expenditure only upon appropriation by the Legislature in the annual Budget Act. Funds shall be appropriated to state agencies as part of their respective agency budgets for state operations. Fund moneys appropriated to a state agency shall supplement, not supplant, an agency’s existing deferred maintenance expenditures. It is the intent of the Legislature that the projects funded by these bonds shall have a useful life of at least 20 years. -(b)The Governor shall propose appropriations from the State Facilities Renewal Bond Fund as part of his or her January 10 budget proposal. -(1)Within 10 days following release of the budget proposal, the Department of Finance shall report all of the following to the respective budget committees of the Legislature: -(A)The administration’s methodology for allocating the bond funds among the various state agencies. -(B)The criteria used for establishing deferred maintenance project funding priorities. -(2)A state agency for which the Governor proposes an appropriation from the State Facilities Renewal Bond Fund shall report, within 30 days following the release of the budget proposal, the following to the respective budget committees of the Legislature: -(A)The agency’s total deferred maintenance backlog. -(B)The agency’s deferred maintenance expenditures in the prior fiscal year. -(C)A list of deferred maintenance projects proposed to be undertaken by the agency with moneys from the fund proposed for appropriation. -(D)The agency’s expenditures in the prior fiscal year for maintenance other than deferred maintenance. -(E)The extent to which the agency’s current budget for maintenance is insufficient to prevent an increase in the agency’s deferred maintenance backlog. -3. -Fiscal -8852.3. -Bonds in the total amount of two billion dollars ($2,000,000,000), or so much thereof as is necessary, not including the amount of any refunding bonds, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. The bonds issued pursuant to this chapter shall be repaid within 20 years from the date they are issued. -8852.31. -The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter, except subdivisions (a) and (b) of Section 16727. -8852.32. -(a)Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law of the bonds authorized by this chapter, the State Facilities Renewal Bond Finance Committee is hereby created. For purposes of this chapter, the State Facilities Renewal Bond Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Controller, Director of Finance, and Treasurer, or their designated representatives. -(b)The Treasurer shall serve as chairperson of the committee. -(c)A majority of the committee may act for the committee. -8852.33. -The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 8852.2 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. -8852.34. -There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. -8852.35. -Notwithstanding Section 13340, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: -(a)The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. -(b)The sum necessary to carry out Section 8852.36, appropriated without regard to fiscal years. -8852.36. -For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund, with interest at the rate earned by the moneys in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. -8852.37. -All moneys deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. -8852.38. -Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2, the cost of bond issuance shall be paid out of the bond proceeds. These costs shall be shared proportionally by each program funded through this bond act. -8852.39. -The committee may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, including other authorized forms of interim financing that include, but are not limited to, commercial paper, in accordance with Section 16312, for purposes of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The committee shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. -8852.40. -The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. -8852.41. -Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment of earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. -8852.42. -The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. -SEC. 2. -Section 1 of this act shall take effect upon the approval by the voters of the State Facilities Renewal Bond Act of 2016, as set forth in Section 1 of this act. -SEC. 3. -Section 1 of this act shall be submitted to the voters at the June 7, 2016, statewide primary election in accordance with provisions of the Government Code and the Elections Code governing the submission of a statewide measure to the voters.","Existing law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. The act provides that it is the intent of the people that, to the extent practicable, a project supported by the funds made available by the act will include signage informing the public that the project received funds from the act. -This bill would require certain recipients of funding pursuant to the act to post signs acknowledging the source of funds in accordance with guidelines that the Secretary of the Natural Resources Agency would be required to develop. -The annual Budget Act appropriates funds to state agencies for operations as part of their respective agency budgets. Existing law requires the Department of General Services to report to the Legislature, as specified, on expenditures for seismic hazard abatement for state buildings and facilities, in connection with the Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990. -This bill would enact the State Facilities Renewal Bond Act of 2016, which, if adopted by the voters at the June 7, 2016, statewide primary election, would authorize the issuance of bonds in the amount of $2,000,000,000, pursuant to the State General Obligation Bond Law, to finance deferred maintenance on state-owned property, subject to appropriation by the Legislature in the annual Budget Act.","An act to -add Chapter 11.2 (commencing with Section 8852) to Division 1 of Title 2 of the Government -add Section 79707.5 to the Water -Code, relating to -financing deferred maintenance on state facilities, by providing the funds necessary therefor through an election for the issuance and sale of bonds of the State of California and for the handling and disposition of those funds. -water." -554,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares the following: -(a) California is home to some of the most innovative and resourceful entrepreneurs in the world, making it the nation’s leader in technology and related industries. -(b) The state should harness this innovation and leverage it to provide the best possible customer service to all of its citizens in the most cost-effective, efficient, and creative manner. -(c) Creativity and efficiency should not be limited to the private sector, but rather should be embraced and developed to further the public interest. -(d) Allowing the most creative private sector professionals to volunteer their time and expertise to make government work better -and be more streamlined -for its citizens would permit the state to utilize this creativity for the benefit of all its citizens. -(e) Establishing a professionals in public service -program, in -program within -a California state agency would permit implementation of a model that has been applied successfully by a variety of public and private entities and has proven to be a useful tool to help various processes become more efficient. -SEC. 2. -(a)The Legislative Analyst and the California State Auditor shall collaboratively convene a work group for the purposes of determining the most appropriate state agency to house a professionals in public service pilot program with the goal of making state government activities and practices more streamlined and accessible to small businesses. -(b)The Legislative Analyst and the California State Auditor shall report the work group’s recommendations to the Legislature on or before December 31, 2016. The report shall be submitted as set forth in Section 9795 of the Government Code. -(c)This section is repealed on January 1, 2017. -SEC. 2. -Article 7 (commencing with Section 12100.1) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read: -Article 7. Entrepreneur-in-Residence Act of 2016 -12100.1. -This article shall be known and may be cited as the Entrepreneur-in-Residence Act of 2016. -12100.2. -As used in this article, the following terms shall have the following meanings: -(a) “Agency” means any state agency, department, or commission. -(b) “Entrepreneur-in-residence” means an individual appointed to a position under the program. -(c) “Office” means the Government Operations Agency. -(d) “Program” means the entrepreneur-in-residence program, as established by this article. -(e) “Secretary” means the Secretary of the Government Operations Agency, or his or her designee. -12100.3. -(a) The state entrepreneur-in-residence program is hereby established within the office for the purpose of utilizing the expertise of private-sector entrepreneurs to help make state governmental activities and practices more streamlined and accessible. -(b) (1) The secretary may appoint one or more entrepreneurs-in-residence under the program during each year, however, the secretary shall not appoint more than 10 entrepreneurs-in-residence during any calendar year. The secretary, with the approval of the state agency, may appoint an entrepreneur-in-residence to any state agency. -(2) Any person appointed as an entrepreneur-in-residence shall meet at least one of the following qualifications: -(A) The individual shall have demonstrated success in working with California small businesses and entrepreneurs. -(B) The individual shall have successfully developed, invented, or created a product and brought the product to the marketplace. -(3) Any person appointed as an entrepreneur-in-residence shall not have a conflict of interest with the activities of the state agency where he or she is placed, including, but not limited to, having any existing business before the state agency in which he or she is proposed to be placed or is placed. -(c) The secretary shall accept appointment applications for the position of an entrepreneur-in-residence and establish procedures for complying with this article no later than March 1, 2017. Among other requirements, the procedures shall include the following: -(1) A process for engaging with and receiving approval from state agencies about prospective appointments. -(2) A process for screening prospective appointees, including checking background and references. -(3) A standard memorandum of understanding that stipulates the responsibilities of each party in undertaking an entrepreneurship-in-residence under the program, including, but not limited to, hours, duties, goals, expected outcomes, agency support, and office participation. This standard memorandum of understanding shall be a model that shall be adapted to address each individual placement to create the memorandum of understanding into which the appointee, the agency, and the office enter. -(d) As a condition of having a placement of an entrepreneur-in-residence, the state agency shall agree to the procedures set by the secretary pursuant to subdivision (c). -(e) Before the effective date of an appointment under this article, every individual selected to participate in the program shall have entered into a memorandum of understanding with the secretary and the head of the state agency where the entrepreneur will serve. The memorandum of understanding shall be specific to the placement and clearly identify the hours, duties, goals, expected outcomes, agency support, and office participation. The memorandum of understanding shall set the benchmarks and metrics for evaluating the success of the placement. -(f) In administering the entrepreneur-in-residence program, the secretary shall appoint entrepreneurs-in-residence in a variety of interested agencies. However, to the extent practicable, the secretary shall not appoint more than two entrepreneurs-in-residence to positions in the same agency during the same year. -(g) An entrepreneur-in-residence may serve as an entrepreneur-in-residence for no longer than two years. -12100.4. -(a) An entrepreneur-in-residence shall have all of the following duties: -(1) Providing recommendations to the head of the state agency the entrepreneur-in-residence serves on how to streamline, eliminate, or modify potentially inefficient or duplicative activities, processes, and programs, if any, at the state agency. -(2) Providing recommendations to the head of the state agency the entrepreneur-in-residence serves on methods to improve program efficiency at the state agency or new initiatives, if any, that may be instituted at the state agency to address the needs of small businesses and entrepreneurs. -(3) Assisting the state agency the entrepreneur-in-residence serves in improving outreach and service to small business concerns and entrepreneurs including, but not limited to, the following: -(A) Facilitating meetings and forums to educate small businesses and entrepreneurs on programs or initiatives of the state agency the entrepreneur-in-residence is serving. -(B) Facilitating in-service sessions with employees of the office and the state agency the entrepreneur-in-residence is serving on issues of concern to entrepreneurs and small businesses. -(C) Providing technical assistance or mentorship to small businesses and entrepreneurs in accessing programs at the office and the state agency the entrepreneur-in-residence is serving. -(b) An entrepreneur-in-residence shall serve on a voluntary basis, and shall dedicate at least 16 hours per week to the program, unless a greater number of hours per week is otherwise agreed upon. At the discretion of the head of a participating state agency, the entrepreneur-in-residence shall have access to an office, computer, and other related support services and equipment from the participating state agency as the state agency determines to be necessary for the entrepreneur-in-residence to discharge his or her duties. -(c) An entrepreneur-in-residence shall report directly to the head of the state agency in which the entrepreneur-in-residence is serving and shall also keep the secretary of the office updated on his or her activities, findings, and recommendations. -12100.5. -(a) The secretary shall establish an informal working group of entrepreneurs-in-residence to discuss best practices, experiences, obstacles, opportunities, and recommendations. -(b) (1)   The secretary shall annually prepare and submit to the Governor and the Assembly Committee on Jobs, Economic Development, and the Economy a report on the program. The report, at a minimum, shall include the following: -(A) A progress report on the activities of each entrepreneur-in-residence during the reporting period, based on the applicable memorandum of understanding. -(B) A general summary on how the overall program is addressing the goals of the program, which are as follows: -(i) Making state programs simpler, easier to access, more efficient, and more responsive to the needs and concerns of small businesses and entrepreneurs. -(ii) Providing for better outreach by the state to the private sector. -(iii) Strengthening coordination and interaction between the state and the private sector on issues relevant to entrepreneurs and small business concerns. -(2) The requirement for submitting a report imposed under paragraph (1) of this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5. -(3) It is anticipated that program impacts will not be fully measurable until recommended changes and activities are fully implemented. The office and the agency where an entrepreneur-in-residence is placed shall continue measuring and reporting the impact of the activities of the entrepreneur-in-residence for three years following the placement of an entrepreneur-in-residence.","Existing law establishes within the Governor’s office the Government Operations Agency, which consists of several state agencies, including the Department of General Services and the Department of Technology, and is governed by the Secretary of Government Operations. -This bill would enact the Entrepreneur-in-Residence Act of 2016, which would establish the state entrepreneur-in-residence program within the Government Operations Agency for the purpose of utilizing the expertise of private-sector entrepreneurs to help make state governmental activities and practices more streamlined and accessible. The program would authorize the Secretary of Government Operations to appoint a maximum of 10 persons each year to serve within a state agency as an entrepreneur-in-residence, with duties as established in the bill, on a voluntary basis. The bill would require the secretary to accept appointment applications for the position of an entrepreneur-in-residence and to establish prescribed procedures for complying with the bill no later than March 1, 2017. The bill would also require the secretary to establish an informal working group of entrepreneurs-in-residence to discuss best practices, experiences, obstacles, opportunities, and recommendations, and to report on the program to the Governor and the Assembly Committee on Jobs, Economic Development, and the Economy, as specified. -Existing law establishes the California State Auditor’s Office within state government under the direction of the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy. Existing law makes that office independent of the executive branch and legislative control and places it under the direction of the California State Auditor. -Existing law establishes the Joint Legislative Budget Committee consisting of 8 Members of the Senate and 8 Members of the Assembly, authorizes the committee to appoint the Legislative Analyst, and sets forth his or her duties. -This bill would require the Legislative Analyst and the California State Auditor to convene a work group for the purposes of determining the most appropriate state agency to house a pilot professionals in public service program with the goal of making state government activities and practices more streamlined and accessible to small businesses. The bill would require that the recommendations of the work group be reported to the Legislature by December 31, 2016, and would repeal these provisions on January 1, 2017,","An act -relating -to add Article 7 (commencing with Section 12100.1) to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, relating -to state government." -555,"The people of the State of California do enact as follows: - - -SECTION 1. -The heading of Chapter 5 (commencing with Section 10600) of Part 2 of Division 2 of Title 2 of the Government Code is amended to read: -CHAPTER 5. Joint Pension Administration and Sustainability Committee -SEC. 2. -Section 10600 of the Government Code is amended to read: -10600. -(a) The Legislature finds that the retirement of officers and employees of the state, school districts, and many cities, counties, and public jurisdictions in the state, is provided under several independently administered and highly complex systems that all share the distinctive feature of being organized to achieve results over the 30- to 40-year time frame that corresponds to the typical length of workers’ careers. -(b) These pension systems are organized and administered under highly technical statutes and protected by constitutional provisions. Certain provisions in the California Constitution, which are patterned upon the Employee Retirement Income Security Act, commonly known as ERISA, require that pension funds be invested for the sole interests of the beneficiaries and for the exclusive purpose of providing benefits and establish a standard of conduct that makes persons managing the pension systems fiduciaries with respect to how they manage the money. -(c) Development and change in these systems are interrelated and have important long-range implications both with respect to cost and to the retirement expectations of public employees and also the state and national economy, as the ability of persons to enter into retirement with a source of income to spend on goods and services in retirement provides an important source of demand for goods and services during economic downturns to assist eventual recovery as well as assisting the ability of public entities to transition their workforces to younger entry level employees as older workers are able to retire even during an economic downturn, thereby creating openings. -(d) The Legislature recognizes the need to coordinate this change and development and for continuing study and analysis of these systems and legislation affecting them. -(e) Therefore, it is the desire of the Legislature to provide for such continuing study and analysis by a joint legislative committee. -SEC. 3. -Section 10601 of the Government Code is amended to read: -10601. -(a) The Joint Pension Administration and Sustainability Committee is hereby created. The committee shall study and review the benefits, programs, actuarial condition, practices, investments, and procedures of, and all legislation relating to, the retirement systems for public officers and employees in this state and the trends and developments in the field of retirement, and make reports and recommendations thereon to -both houses of -the -Legislature and its respective houses. -Legislature. -The committee has a continuing existence and may meet, act, and conduct its business at any place within this state during sessions of the Legislature, or any recess thereof, and in the interim period between sessions. A copy of each bill that affects any public employee retirement system shall be transmitted to the committee, and the committee shall transmit an analysis, including an actuarial opinion if appropriate, to the policy committee responsible for the bill. -(b) A report submitted -pursuant -to the Legislature -pursuant to -subdivision (a) shall be submitted in compliance with Section 9795. -SEC. 4. -Section 10602 of the Government Code is amended to read: -10602. -The committee shall consist of a member from each of the following Senate committees: Banking and Financial Institutions, Governance and Finance, Health, Insurance, Labor and Industrial Relations, and Public Employment and Retirement, and a member from each of the following Assembly committees: Accountability and Administrative Review, Banking and Finance, Insurance, Labor and Employment, Local Government, Public Employees, Retirement and Social Security, and Revenue and Taxation. The members shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The committee shall elect its own chairman. Vacancies occurring in the membership of the committee between general sessions of the Legislature shall be filled in the manner provided for in the Joint Rules of the Senate and Assembly. A vacancy shall be deemed to exist as to any member of the committee whose term is expiring whenever such member is not reelected at the General Election. -SEC. 5. -Section 10605 of the Government Code is amended to read: -10605. -(a) The committee shall establish a board of experts. The board of experts shall include: the Controller, the chairpersons of the investment committees of the Board of Administration of the Public Employees’ Retirement System and of the Teachers’ Retirement Board of the Teachers’ Retirement System, the president and chairperson of those boards, respectively, the executive officers of those systems, the chiefs of investment of those systems, the chief actuaries of those systems, the pension managers and treasurers of two corporations, a manager of a city pension fund, and a manager of a county pension fund. -(b) The committee shall retain as consultants to the board of experts an independent -actuary -actuary, -a legal advisor recognized for expertise in pension and investment -law -law, -and an academician from a California university with recognized expertise in investing, pension administration, and the operation of financial markets. -(c) The board of experts shall be reimbursed for its actual and necessary expenses. -SEC. 6. -Section 10606 of the Government Code is amended to read: -10606. -(a) There shall be held during the last week of March of each year a joint meeting of the Joint Pension Administration and Sustainability Committee, the board of experts, the Board of Administration of the Public Employees’ Retirement System, the Teachers’ Retirement Board, the executive officers of those systems, and the State Treasurer, to review the performance of the systems. The annual reports of those systems and the financial reports and reports of operations shall be presented at the meeting. -(b) (1) At the meeting, the State Treasurer shall present a review of the investment practices of the Public Employees’ Retirement System and the State Teachers’ Retirement System and shall transmit a copy of the report to the committee. -(2) A report submitted pursuant to paragraph -(2) -(1) -shall be submitted in compliance with Section 9795.","Existing law creates the Joint Legislative Retirement Committee, prescribes the composition of the committee, and requires the committee to study and review the benefits, programs, actuarial condition, practices, investments and procedures of, and all legislation relating to, retirement systems for public officers and employees in this state as well as trends in the field of retirement. Existing law requires a copy of each bill that affects any public employee retirement system to be transmitted to the committee. Existing law requires the committee to establish a board of experts, the composition of which is prescribed, and to retain an independent actuary as a consultant to the board of experts. Existing law makes a statement of legislative findings in this regard. -This bill would rename the committee the Joint Pension Administration and Sustainability Committee and, in addition to the duties described above, would require the committee to make reports and recommendations to the Legislature -and its respective houses -on these retirement issues. The bill would revise the composition of the committee to reflect current legislative practice. The bill would require the committee to transmit an analysis for each bill submitted to it, including an actuarial opinion if appropriate, to the policy committee that is responsible for the bill. The bill would require the committee to retain a legal advisor recognized for expertise in pension and investment law and an academician from a California university with recognized expertise in investing, pension administration, and the operation of financial markets to act as consultants to its board of experts. The bill would revise the statement of legislative findings associated with these provisions.","An act to amend Sections 10600, 10601, 10602, 10605, and 10606 of, and to amend the heading of Chapter 5 (commencing with -Section -10600) of Part 2 of Division 2 of Title 2 of, the Government Code, relating to public employee retirement systems." -556,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 3.67 (commencing with Section 1597.80) is added to Division 2 of the Health and Safety Code, to read: -CHAPTER 3.67. Online Child Care Job Posting Services -1597.80. -For purposes of this chapter, the following definitions apply: -(a) “Online child care job posting service” means any person or business that provides or offers to provide parents or child care consumers with lists of, or profile information regarding, child care providers who are not required to be licensed pursuant to Section 1596.792, who are commonly referred to as nannies or babysitters, or a person or business that has an Internet Web site platform for these child care providers to publicize their availability to provide care or supervision of children. -(b) “Owner” means to a person or business that provides or offers an online child care job posting service. -1597.81. -(a) An online child care job posting service posting information on an Internet Web site shall include the following information regarding each child care provider profile or Internet Web page that lists child care provider information: -(1) A description of the trustline registry pursuant to Section 1596.60 with the following statement: “Trustline is California’s official background check for child care providers that are not required to be licensed (i.e. babysitters and nannies). It is the only authorized screening program for babysitters and nannies in the state with access to fingerprint records at the California Department of Justice and the Federal Bureau of Investigation and access to the Child Abuse Central Index”. -(2) The trustline registry toll-free number: 1-800-822-8490. -(3) A link to the trustline registry: Web site www.trustline.org. -(4) A description of the availability of free child care referrals in every county with the following statement: - -“In every county, the state-funded child care resource and referral program (R&R) provides free child care planning services that include child care referrals to licensed caregivers, and information on choosing child care, community resources, and help paying for child care. To find your local R&R call 1-800-KIDS-793.” - - -(5) The child care connection toll-free number: 1-800-KIDS-793. -(6) The child care connection Web site: www.mychildcareplan.org. -(7) The following statement about Oliver’s Law (enacted by Chapter 545 of the Statutes of 2006): -“Pursuant to Oliver’s Law, parents have the right to receive information regarding any substantiated or inconclusive complaint about any child care provider. That information is public and can be acquired by calling a local licensing office. Contact information for the local licensing office can be obtained by calling 1-800-KIDS-793 or by visiting www.ccld.ca.gov.” - - -(b) If the online child care job listing service provides a background check for the child care providers listed on its site or provides the ability for parents to request a background check using a background check service contracted by or referred by the owner of the Web site, the Internet Web site shall provide by means of a one-click link on each child care provider profile or Internet Web page that lists the child care provider’s information, a written description of the background check offered or provided that includes at a minimum: -(1) An easy-to-understand overview of what is included in the background check and what is not included. -(2) A chart that lists each county in California and the databases that are checked for each county, including the following information for each database, as applicable: -(A) The source of the data, the name of the database used, and a brief description of the data included in the database. -(B) The date range of the oldest data and the most recent data included. -(C) How often the information is updated. -(D) How the databases are checked (i.e. by name, social security number, fingerprints, etc.). -(E) A clear indication in the chart that notes the counties for which no data is available. -(F) A summary statement that clearly communicates the number of counties for which there is no background check data available. -(3) A list of any statewide or national background checks conducted and the information described in subparagraphs (A) and (B) of paragraph (2). -(4) A list of any other background checks conducted and the information described in subparagraphs (A) and (B) of paragraph (2). -1597.82. -(a) Upon a complaint received by the Community Care Licensing Division, the department shall review the Internet Web site named in the complaint. If the department determines that an online child care job posting service is in violation of this chapter or any rules or regulations promulgated under this chapter, a notice of violation shall be served upon the owner using the contact information provided on the Internet Web site. Each notice of violation shall be in writing and shall specify the nature of the violation and the statute, rule, or regulation alleged to have been violated, describe the opportunity for a fair hearing pursuant to regulations developed by the department consistent with the requirements described in subdivision (b), and specify the potential fine that may be imposed for a second or third violation pursuant to subdivision (c). -(b) In the first case of alleged noncompliance, the department shall provide written notice of the violation to the owner. The owner shall have 30 calendar days to correct the violation or request a hearing on the matter. If the owner has evidence that the site in question is in compliance, the owner shall submit proof of that compliance directly to the department. Evidence of compliance may be in the form of printouts, Internet Web links, screen shots, or other means determined to be acceptable by the department. The department shall develop regulations to govern the notice, the hearing, and the submission of evidence, for purposes of this section, consistent with due process. -(c) For second and subsequent violations, after reasonable notice and time to correct the violation, and the opportunity for a fair hearing on the matter, pursuant to regulations developed by the department, if the owner is found to be in violation of this chapter, the department shall impose a fine of one thousand dollars ($1,000) per violation. -(d) Any fines and penalties imposed and collected pursuant to this chapter shall be deposited into the Child Health and Safety Fund, as described in Section 18285.","Existing law prohibits a person, firm, partnership, association, or corporation from operating, establishing, managing, conducting, or maintaining a child day care facility without a current valid license. -Existing law requires the Community Care Licensing Division of the State Department of Social Services to regulate child care licensees. Existing law requires the department to establish a registry of child care providers who have undergone criminal background checks. These providers are known as registered trustline child care providers. Existing law also requires a licensed child day care facility to make available to the public licensing reports and other licensing documents that pertain to a facility visit or a substantiated complaint investigation, among other licensing issues. -Existing law establishes in the State Treasury the Child Health and Safety Fund. Existing law authorizes the department to allocate the funds, upon appropriation by the Legislature, for purposes that include site visits of day care centers and family day care homes. -This bill would require an online child care job posting service to include specified information regarding each child care provider on the Internet Web site profile or page that lists child care provider information, including a description of the trustline registry and the toll-free telephone number and the link to the Internet Web site for the registry, a description of the availability of free child care referrals in every county, and, if the service provides background checks, an easy-to-understand overview of what is included in the background check and what is not included. The bill would impose a fine of $1,000 for a 2nd or subsequent violation of these requirements, after written notice and an opportunity for a hearing. The bill would provide that fines collected pursuant to these provisions would be deposited in the Child Health and Safety Fund. The bill would also require the department to develop regulations for these purposes as specified.","An act to add Chapter 3.67 (commencing with Section 1597.80) to Division 2 of the Health and Safety Code, relating to child care." -557,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 82013 of the Government Code is amended to read: -82013. -“Committee” means any person or combination of persons who directly or indirectly does any of the following: -(a) Receives contributions totaling two thousand dollars ($2,000) or more in a calendar year. -(b) Makes independent expenditures totaling one thousand dollars ($1,000) or more in a calendar year; or -(c) Makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to or at the behest of candidates or committees. -A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to Section 84214. -SEC. 2. -Section 82036 of the Government Code is amended to read: -82036. -“Late contribution” means any of the following: -(a) A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a candidate, a controlled committee, or a committee formed or existing primarily to support or oppose a candidate or measure during the 90-day period preceding the date of the election, or on the date of the election, at which the candidate or measure is to be voted on. For purposes of the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board, “the date of the election” is the deadline to return ballots. -(b) A contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a political party committee, as defined in Section 85205, within 90 days before the date of a state election or on the date of the election. -SEC. 3. -Section 82036.5 of the Government Code is amended to read: -82036.5. -“Late independent expenditure” means an independent expenditure that totals in the aggregate one thousand dollars ($1,000) or more and is made for or against a specific candidate or measure involved in an election during the 90-day period preceding the date of the election or on the date of the election. For purposes of the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board, “the date of the election” is the deadline to return ballots. -SEC. 4. -Section 84101 of the Government Code is amended to read: -84101. -(a) A committee that is a committee by virtue of subdivision (a) of Section 82013 shall file a statement of organization. The committee shall file the original of the statement of organization with the Secretary of State and shall also file a copy of the statement of organization with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. The original and copy of the statement of organization shall be filed within 10 days after the committee has qualified as a committee. The Secretary of State shall assign a number to each committee that files a statement of organization and shall notify the committee of the number. The Secretary of State shall send a copy of statements filed pursuant to this section to the county elections official of each county that he or she deems appropriate. A county elections official who receives a copy of a statement of organization from the Secretary of State pursuant to this section shall send a copy of the statement to the clerk of each city in the county that he or she deems appropriate. -(b) In addition to filing the statement of organization as required by subdivision (a), if a committee qualifies as a committee under subdivision (a) of Section 82013 before the date of an election in connection with which the committee is required to file preelection statements, but after the closing date of the last campaign statement required to be filed before the election pursuant to Section 84200.8 or 84200.9, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this subdivision shall be filed with the filing officer with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. -(c) If an independent expenditure committee qualifies as a committee pursuant to subdivision (a) of Section 82013 during the time period described in Section 82036.5 and makes independent expenditures of one thousand dollars ($1,000) or more to support or oppose a candidate or candidates for office, the committee shall file, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours of qualifying as a committee, the information required to be reported in the statement of organization. The information required by this section shall be filed with the filing officer with whom the committee is required to file the original of its campaign reports pursuant to Section 84215, and shall be filed at all locations required for the candidate or candidates supported or opposed by the independent expenditures. The filings required by this section are in addition to filings that may be required by Section 84204. -(d) For purposes of this section, in calculating whether two thousand dollars ($2,000) in contributions has been received, payments for a filing fee or for a statement of qualifications to appear in a sample ballot shall not be included if these payments have been made from the candidate’s personal funds. -SEC. 5. -Section 84103 of the Government Code is amended to read: -84103. -(a) If there is a change in any of the information contained in a statement of organization, an amendment shall be filed within 10 days to reflect the change. The committee shall file the original of the amendment with the Secretary of State and shall also file a copy of the amendment with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215. -(b) In addition to filing an amendment to a statement of organization as required by subdivision (a), a committee as defined in subdivision (a) of Section 82013 shall, by facsimile transmission, online transmission, guaranteed overnight delivery, or personal delivery within 24 hours, notify the filing officer with whom it is required to file the originals of its campaign reports pursuant to Section 84215 if the change requiring the amendment occurs before the date of the election in connection with which the committee is required to file a preelection statement, but after the closing date of the last preelection statement required to be filed for the election pursuant to Section 84200.8, if any of the following information is changed: -(1) The name of the committee. -(2) The name of the treasurer or other principal officers. -(3) The name of any candidate or committee by which the committee is controlled or with which it acts jointly. -The notification shall include the changed information, the date of the change, the name of the person providing the notification, and the committee’s name and identification number. -A committee may file a notification online only if the appropriate filing officer is capable of receiving the notification in that manner. -SEC. 6. -Section 84200.5 of the Government Code is repealed. -SEC. 7. -Section 84200.5 is added to the Government Code, to read: -84200.5. -In addition to the campaign statements required by Section 84200, elected officers, candidates, and committees shall file preelection statements as follows: -(a) All candidates appearing on the ballot to be voted on at the next election, their controlled committees, and committees primarily formed to support or oppose an elected officer, candidate, or a measure appearing on the ballot to be voted on at the next election shall file the applicable preelection statements specified in Section 84200.8. -(b) All elected state officers and candidates for elective state office who are not appearing on the ballot at the next statewide primary or general election, and who, during the preelection reporting periods covered by Section 84200.8, contribute to any committee required to report receipts, expenditures, or contributions pursuant to this title, or make an independent expenditure of five hundred dollars ($500) or more in connection with the statewide primary or general election, shall file the applicable preelection statements specified in Section 84200.8. -(c) A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013, other than a political party committee as defined in Section 85205, shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more in connection with the statewide primary or general election during the period covered by the preelection statements. However, a state or county general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8. -(d) A political party committee as defined in Section 85205 shall file the applicable preelection statements specified in Section 84200.8 in connection with a state election if the committee receives contributions totaling one thousand dollars ($1,000) or more, or if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more, in connection with the election during the period covered by the preelection statement. -(e) A city general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the applicable preelection statements specified in Section 84200.8 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more in connection with a city election in the committee’s jurisdiction during the period covered by the preelection statements. However, a city general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the preelection statements specified in Section 84200.8. -(f) During an election period for the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board: -(1) All candidates for these boards, their controlled committees, and committees primarily formed to support or oppose the candidates shall file the preelection statements specified in Section 84200.9. -(2) A state or county general purpose committee formed pursuant to subdivision (a) of Section 82013 shall file the preelection statements specified in Section 84200.9 if it makes contributions or independent expenditures totaling five hundred dollars ($500) or more during the period covered by the preelection statement to support or oppose a candidate, or a committee primarily formed to support or oppose a candidate on the ballot for the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board. -(3) However, a general purpose committee formed pursuant to subdivision (b) or (c) of Section 82013 is not required to file the statements specified in Section 84200.9. -SEC. 8. -Section 84200.6 of the Government Code is amended to read: -84200.6. -In addition to the campaign statements required by Sections 84200 and 84200.5, all candidates and committees shall file the following special statements and reports: -(a) Late contribution reports, when required by Section 84203. -(b) Late independent expenditure reports, when required by Section 84204. -SEC. 9. -Section 84200.7 of the Government Code is repealed. -SEC. 10. -Section 84202.5 of the Government Code is repealed. -SEC. 11. -Section 84203.5 of the Government Code is repealed. -SEC. 12. -Section 84206 of the Government Code is amended to read: -84206. -(a) The commission shall provide by regulation for a short form for filing reports required by this article for candidates or officeholders who receive contributions of less than two thousand dollars ($2,000), and who make expenditures of less than two thousand dollars ($2,000), in a calendar year. -(b) For the purposes of this section, in calculating whether two thousand dollars ($2,000) in expenditures have been made, payments for a filing fee or for a statement of qualification shall not be included if these payments have been made from the candidate’s personal funds. -(c) Every candidate or officeholder who has filed a short form pursuant to subdivision (a), and who thereafter receives contributions or makes expenditures totaling two thousand dollars ($2,000) or more in a calendar year, shall send written notification to the Secretary of State, the local filing officer, and each candidate contending for the same office within 48 hours of receiving or expending a total of two thousand dollars ($2,000). The written notification shall revoke the previously filed short form statement. -SEC. 13. -Section 84207 of the Government Code is amended to read: -84207. -(a) An elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than two thousand dollars ($2,000) and who makes expenditures of less than two thousand dollars ($2,000) in a calendar year shall not be required to file any campaign statements required by this title. -(b) Notwithstanding Sections 81009.5 and 81013, a local government agency shall not impose any filing requirements on an elected member of, or a candidate for election to, a county central committee of a qualified political party who receives contributions of less than two thousand dollars ($2,000) and who makes expenditures of less than two thousand dollars ($2,000) in a calendar year. -SEC. 14. -Section 84218 of the Government Code is amended to read: -84218. -(a) A slate mailer organization shall file semiannual campaign statements no later than July 31 for the period ending June 30, and no later than January 31 for the period ending December 31. -(b) In addition to the semiannual statements required by subdivision (a), a slate mailer organization which produces a slate mailer supporting or opposing candidates or measures being voted on in an election shall file the statements specified in Section 84200.8 if, during the period covered by the preelection statement, the slate mailer organization receives payments totaling five hundred dollars ($500) or more from any person for the support of or opposition to candidates or ballot measures in one or more slate mailers, or expends five hundred dollars ($500) or more to produce one or more slate mailers. -(c) A slate mailer organization shall file two copies of its campaign reports with the clerk of the county in which it is domiciled. A slate mailer organization is domiciled at the address listed on its statement of organization unless it is domiciled outside California, in which case its domicile shall be deemed to be Los Angeles County for purposes of this section. -In addition, slate mailer organizations shall file campaign reports as follows: -(1) A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in a state election, or in more than one county, shall file campaign reports in the same manner as state general purpose committees pursuant to subdivision (a) of Section 84215. -(2) A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one county, or in more than one jurisdiction within one county, shall file campaign reports in the same manner as county general purpose committees pursuant to subdivision (c) of Section 84215. -(3) A slate mailer organization which produces one or more slate mailers supporting or opposing candidates or measures voted on in only one city shall file campaign reports in the same manner as city general purpose committees pursuant to subdivision (d) of Section 84215. -(4) Notwithstanding the above, no slate mailer organization shall be required to file more than the original and one copy, or two copies, of a campaign report with any one county or city clerk or with the Secretary of State. -SEC. 15. -Section 85201 of the Government Code is amended to read: -85201. -(a) Upon the filing of the statement of intention pursuant to Section 85200, the individual shall establish one campaign contribution account at an office of a financial institution located in the state. -(b) As required by subdivision (f) of Section 84102, a candidate who raises contributions of two thousand dollars ($2,000) or more in a calendar year shall set forth the name and address of the financial institution where the candidate has established a campaign contribution account and the account number on the committee statement of organization filed pursuant to Sections 84101 and 84103. -(c) All contributions or loans made to the candidate, to a person on behalf of the candidate, or to the candidate’s controlled committee shall be deposited in the account. -(d) Any personal funds which will be utilized to promote the election of the candidate shall be deposited in the account prior to expenditure. -(e) All campaign expenditures shall be made from the account. -(f) Subdivisions (d) and (e) do not apply to a candidate’s payment for a filing fee and statement of qualifications from his or her personal funds. -(g) This section does not apply to a candidate who will not receive contributions and who makes expenditures from personal funds of less than two thousand dollars ($2,000) in a calendar year to support his or her candidacy. For purposes of this section, a candidate’s payment for a filing fee and statement of qualifications shall not be included in calculating the total expenditures made. -(h) An individual who raises contributions from others for his or her campaign, but who raises or spends less than two thousand dollars ($2,000) in a calendar year, and does not qualify as a committee under Section 82013, shall establish a campaign contribution account pursuant to subdivision (a), but is not required to file a committee statement of organization pursuant to Section 84101 or other statement of bank account information. -SEC. 16. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 17. -The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.","Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. The act requires elected officers, candidates, and committees to file various reports, including semiannual reports, preelection statements, and supplemental preelection statements. -This bill would recast the requirements for filing preelection statements and would repeal other reporting requirements, including supplemental preelection statements and supplemental independent expenditure reports. -The act defines “committee” to include a person or combination of persons who receives contributions or makes independent expenditures of $1,000 or more in a calendar year. The act defines “late contributions” and “late independent expenditures” for purposes of the act to include certain contributions and independent expenditures, respectively, that are made within 90 days before the date of the election. -This bill would revise the definition of “committee” by increasing the qualifying monetary threshold to $2,000 for contributions received by a person or combination of persons. -This bill would revise the definitions of “late contributions” and “late independent expenditures” to specify that those terms also include contributions and independent expenditures that are made on the date of the election. -The bill would also make conforming changes. -A violation of the act’s provisions is punishable as a misdemeanor. By expanding the scope of a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a -2/3 -vote of each house and compliance with specified procedural requirements. -This bill would declare that it furthers the purposes of the act.","An act to amend Sections 82013, 82036, 82036.5, 84101, 84103, 84200.6, 84206, 84207, 84218, and 85201 of, to repeal Sections 84200.7, 84202.5, and 84203.5 of, and to repeal and add Section 84200.5 of, the Government Code, relating to the Political Reform Act of 1974." -558,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 5300 of the Civil Code is amended to read: -5300. -(a) Notwithstanding a contrary provision in the governing documents, an association shall distribute an annual budget report 30 to 90 days before the end of its fiscal year. -(b) Unless the governing documents impose more stringent standards, the annual budget report shall include all of the following information: -(1) A pro forma operating budget, showing the estimated revenue and expenses on an accrual basis. -(2) A summary of the association’s reserves, prepared pursuant to Section 5565. -(3) A summary of the reserve funding plan adopted by the board, as specified in paragraph (5) of subdivision (b) of Section 5550. The summary shall include notice to members that the full reserve study plan is available upon request, and the association shall provide the full reserve plan to any member upon request. -(4) A statement as to whether the board has determined to defer or not undertake repairs or replacement of any major component with a remaining life of 30 years or less, including a justification for the deferral or decision not to undertake the repairs or replacement. -(5) A statement as to whether the board, consistent with the reserve funding plan adopted pursuant to Section 5560, has determined or anticipates that the levy of one or more special assessments will be required to repair, replace, or restore any major component or to provide adequate reserves therefor. If so, the statement shall also set out the estimated amount, commencement date, and duration of the assessment. -(6) A statement as to the mechanism or mechanisms by which the board will fund reserves to repair or replace major components, including assessments, borrowing, use of other assets, deferral of selected replacements or repairs, or alternative mechanisms. -(7) A general statement addressing the procedures used for the calculation and establishment of those reserves to defray the future repair, replacement, or additions to those major components that the association is obligated to maintain. The statement shall include, but need not be limited to, reserve calculations made using the formula described in paragraph (4) of subdivision (b) of Section 5570, and may not assume a rate of return on cash reserves in excess of 2 percent above the discount rate published by the Federal Reserve Bank of San Francisco at the time the calculation was made. -(8) A statement as to whether the association has any outstanding loans with an original term of more than one year, including the payee, interest rate, amount outstanding, annual payment, and when the loan is scheduled to be retired. -(9) A summary of the association’s property, general liability, earthquake, flood, and fidelity insurance policies. For each policy, the summary shall include the name of the insurer, the type of insurance, the policy limit, and the amount of the deductible, if any. To the extent that any of the required information is specified in the insurance policy declaration page, the association may meet its obligation to disclose that information by making copies of that page and distributing it with the annual budget report. The summary distributed pursuant to this paragraph shall contain, in at least 10-point boldface type, the following statement: - - -“This summary of the association’s policies of insurance provides only certain information, as required by Section 5300 of the Civil Code, and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance. Any association member may, upon request and provision of reasonable notice, review the association’s insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the association maintains the policies of insurance specified in this summary, the association’s policies of insurance may not cover your property, including personal property or real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance broker or agent for appropriate additional coverage.” - - -(c) The annual budget report shall be made available to the members pursuant to Section 5320. -(d) The summary of the association’s reserves disclosed pursuant to paragraph (2) of subdivision (b) shall not be admissible in evidence to show improper financial management of an association, provided that other relevant and competent evidence of the financial condition of the association is not made inadmissible by this provision. -(e) The Assessment and Reserve Funding Disclosure Summary form, prepared pursuant to Section 5570, shall accompany each annual budget report or summary of the annual budget report that is delivered pursuant to this article. -(f) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 2. -Section 5300 is added to the Civil Code, to read: -5300. -(a) Notwithstanding a contrary provision in the governing documents, an association shall distribute an annual budget report 30 to 90 days before the end of its fiscal year. -(b) Unless the governing documents impose more stringent standards, the annual budget report shall include all of the following information: -(1) A pro forma operating budget, showing the estimated revenue and expenses on an accrual basis. -(2) A summary of the association’s reserves, prepared pursuant to Section 5565. -(3) A summary of the reserve funding plan adopted by the board, as specified in paragraph (5) of subdivision (b) of Section 5550. The summary shall include notice to members that the full reserve study plan is available upon request, and the association shall provide the full reserve plan to any member upon request. -(4) A statement as to whether the board has determined to defer or not undertake repairs or replacement of any major component with a remaining life of 30 years or less, including a justification for the deferral or decision not to undertake the repairs or replacement. -(5) A statement as to whether the board, consistent with the reserve funding plan adopted pursuant to Section 5560, has determined or anticipates that the levy of one or more special assessments will be required to repair, replace, or restore any major component or to provide adequate reserves therefor. If so, the statement shall also set out the estimated amount, commencement date, and duration of the assessment. -(6) A statement as to the mechanism or mechanisms by which the board will fund reserves to repair or replace major components, including assessments, borrowing, use of other assets, deferral of selected replacements or repairs, or alternative mechanisms. -(7) A general statement addressing the procedures used for the calculation and establishment of those reserves to defray the future repair, replacement, or additions to those major components that the association is obligated to maintain. The statement shall include, but need not be limited to, reserve calculations made using the formula described in paragraph (4) of subdivision (b) of Section 5570, and may not assume a rate of return on cash reserves in excess of 2 percent above the discount rate published by the Federal Reserve Bank of San Francisco at the time the calculation was made. -(8) A statement as to whether the association has any outstanding loans with an original term of more than one year, including the payee, interest rate, amount outstanding, annual payment, and when the loan is scheduled to be retired. -(9) A summary of the association’s property, general liability, earthquake, flood, and fidelity insurance policies. For each policy, the summary shall include the name of the insurer, the type of insurance, the policy limit, and the amount of the deductible, if any. To the extent that any of the required information is specified in the insurance policy declaration page, the association may meet its obligation to disclose that information by making copies of that page and distributing it with the annual budget report. The summary distributed pursuant to this paragraph shall contain, in at least 10-point boldface type, the following statement: - - -“This summary of the association’s policies of insurance provides only certain information, as required by Section 5300 of the Civil Code, and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance. Any association member may, upon request and provision of reasonable notice, review the association’s insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the association maintains the policies of insurance specified in this summary, the association’s policies of insurance may not cover your property, including personal property or real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance broker or agent for appropriate additional coverage.” - - -(10) When the common interest development is a condominium project, a statement describing the status of the common interest development as a Federal Housing Administration (FHA)-approved condominium project pursuant to FHA guidelines, including whether the common interest development is an FHA-approved condominium project. The statement shall be in at least 10-point font on a separate piece of paper and in the following form: - - -“Certification by the Federal Housing Administration may provide benefits to members of an association, including an improvement in an owner’s ability to refinance a mortgage or obtain secondary financing and an increase in the pool of potential buyers of the separate interest. -This common interest development [is/is not (circle one)] a condominium project. The association of this common interest development [is/is not (circle one)] certified by the Federal Housing Administration.” - - -(11) When the common interest development is a condominium project, a statement describing the status of the common interest development as a federal Department of Veterans Affairs (VA)-approved condominium project pursuant to VA guidelines, including whether the common interest development is a VA-approved condominium project. The statement shall be in at least 10-point font on a separate piece of paper and in the following form: - - -“Certification by the federal Department of Veterans Affairs may provide benefits to members of an association, including an improvement in an owner’s ability to refinance a mortgage or obtain secondary financing and an increase in the pool of potential buyers of the separate interest. -This common interest development [is/is not (circle one)] a condominium project. The association of this common interest development [is/is not (circle one)] certified by the federal Department of Veterans Affairs.” - - -(c) The annual budget report shall be made available to the members pursuant to Section 5320. -(d) The summary of the association’s reserves disclosed pursuant to paragraph (2) of subdivision (b) shall not be admissible in evidence to show improper financial management of an association, provided that other relevant and competent evidence of the financial condition of the association is not made inadmissible by this provision. -(e) The Assessment and Reserve Funding Disclosure Summary form, prepared pursuant to Section 5570, shall accompany each annual budget report or summary of the annual budget report that is delivered pursuant to this article. -(f) This section shall become operative on July 1, 2016.","Existing law governing common interest developments, the Davis-Stirling Common Interest Development Act, requires the association of a common interest development, which includes a condominium project, to prepare and distribute to all of its members certain documents, including an annual budget report that includes, among other items of information, a pro forma operating budget. The act requires a notice to be provided if an insurance policy described in the annual budget report lapses, is canceled, or is not immediately renewed, restored, or replaced, or if there is a significant change as to the policy. -This bill would, beginning July 1, 2016, require the annual budget report of a condominium project to also include a separate statement describing the status of the common interest development as a Federal Housing Administration (FHA)-approved condominium project and as a federal Department of Veterans Affairs (VA)-approved condominium project.","An act to amend, repeal, and add Section 5300 of the Civil Code, relating to common interest developments." -559,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 36 of the -Code of Civil Procedure -is amended to read: -36. -(a)A party to a civil action who is over 70 years of age may petition the court for preference, which the court shall grant if the court makes both of the following findings: -(1)The party has a substantial interest in the action as a whole. -(2)The health of the party is such that preference is necessary to prevent prejudicing the party’s interest in the litigation. -(b)A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision. -(c)Unless the court otherwise orders: -(1)A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared. -(2)At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference. -(d)In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. -(e)Notwithstanding any other law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference. -(f)Upon the granting of a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. A continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party. -(g)Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider’s alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted. -(h)In an asbestos tort action, as defined in Section 821, a plaintiff shall be entitled to preference if he or she has complied with the disclosure requirements of subdivision (a) of Section 822. A plaintiff filing a motion for preference shall submit a sworn affidavit in support of the motion stating that he or she has complied with those disclosure requirements. -SEC. 2. -SECTION 1. -Chapter 6 (commencing with Section 820) is added to Title 10 of Part 2 of the Code of Civil Procedure, to read: -CHAPTER 6. Actions Relating to Asbestos Tort Claims -820. -This chapter shall be known and may be cited as the Asbestos Tort Claim Trust Transparency Act. -821. -The following terms are defined as follows: -(a) “Asbestos tort action” means any action involving an asbestos tort claim. -(b) “Asbestos tort claim” means a claim for damages, loss, indemnification, contribution, restitution, or other relief, including punitive damages, related to personal injury or death of a person arising out of an alleged exposure to asbestos, including, without limitation, lost earnings or earning capacity, medical expenses, medical monitoring, loss of consortium, loss of the ability to provide household services, loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance, mental or emotional distress, pain and suffering, or any other harm that may be asserted under law. -(c) “Asbestos trust” means a trust entity, qualified settlement fund, or claims processing facility established or in the process of being established pursuant to an administrative or legal action or a United States Bankruptcy court pursuant to Section 524(g) of Title 11, or Section 40101 of Title 49, of the United States Code, or other law formed for the purpose of compensating claimants asserting eligible asbestos tort claims. -(d) “Asbestos trust claim” means any asbestos tort claim filed or that could be filed with an asbestos trust. -(e) “Asbestos trust claim documents” means all writings, as defined by Section 250 of the Evidence Code, and information relevant to a pending or potential claim against an asbestos trust, including any communications between the plaintiff and an asbestos trust and all proof of claim forms and supplementary or supporting materials submitted to or required by an asbestos -, -trust, including, without limitation, affidavits, declarations, interrogatory responses, deposition and trial testimony, economic loss documentation, medical records, death -certificate and certificate -certificates and certificates -of official capacity. -(f) “Include” or “including” means include or including, but not limited to. -(g) “Plaintiff” means a plaintiff in an asbestos tort action and any person acting on the plaintiff’s behalf, including -, but not limited to, -the plaintiff’s attorney. -822. -(a) A plaintiff in an asbestos tort action shall produce, at the same time he or she serves answers to interrogatories propounded pursuant to Article 1 (commencing with Section 2030.010) of Chapter 13 of Title 4 of Part 4, all asbestos trust claim documents sent to, received from, shown to, exchanged with, or otherwise disclosed to an established or pending asbestos trust, including an asbestos trust administrator or his or her agents, a court supervising an asbestos trust or its agents, or an asbestos trust claims processing facility or its agents, for any purpose, including supporting a claim for an asbestos-related injury, or providing notice of, or reserving a place for, a future claim for compensation for an asbestos-related injury. -(b) A production of documents made pursuant to subdivision (a) shall include all of the following: -(1) Ballots. -(2) Questionnaires. -(3) Submitted or filed forms. -(4) Summaries. -(5) Claims. -(6) Placeholder claims. -(7) Requests for extensions. -(8) Requests for details. -(9) All documents that support the documents described in paragraphs (1) to (8), inclusive. -(10) All communications related to the documents described in paragraphs (1) to (8), inclusive. -(11) All documents filed, lodged, or submitted on or after January 1, 2017, pursuant to Rule 2019 of the Federal Rules of Bankruptcy Procedure. -(c) The plaintiff shall supplement the information and materials produced pursuant to subdivisions (a), (b), and (d), no later than five days before trial. Documents related to bankruptcy claims and declarations shall be produced when those documents and declarations are received or submitted, but no later than five days before trial. -(d) In addition to the production required by subdivisions (a) and (b), declarations and affidavits in the plaintiff’s possession that have been circulated to a person or entity other than the plaintiff and that include facts regarding the plaintiff’s or decedent’s exposure to asbestos or an asbestos-related injury shall be produced for each asbestos tort claim. -(e) Documents described in subdivisions (a), (b), and (d) are not subject to a claim of privilege and shall be produced for each asbestos tort claim. -(f) (1) In answering interrogatories propounded pursuant to Article 1 (commencing with Section 2030.010) of Chapter 13 of Title 4 of Part 4, the plaintiff shall disclose the facts relating to his or her alleged exposure to asbestos, whether from products or premises attributable to the defendant that propounded the interrogatories or attributable to another entity, and regardless of whether the facts have been, or ever will be, included in an asbestos tort claim submitted to a third party for the -purposes -purpose -of obtaining compensation for an asbestos-related injury. -(2) The plaintiff shall not object or refuse to disclose facts related to his or her asbestos exposure in answering interrogatories on the basis of any of the following: -(A) An asbestos trust claim has not been made. -(B) An asbestos trust claim will not be made. -(C) The facts appear in an otherwise privileged document -, -including a signed affidavit or unsubmitted bankruptcy trust claim form. -(3) The attorney-client privilege and the attorney work product privilege are not waived by disclosing facts pursuant to this subdivision. -(g) If a plaintiff fails to comply with requirements of subdivisions (a) to (d), inclusive, the defendant may file a motion to compel compliance with the requirements of subdivisions (a) to (d), inclusive. -823. -At the same time a plaintiff answers interrogatories and produces documents pursuant to subdivisions (a), (b), and (d), of Section 822, the plaintiff shall execute and provide an authorization, as may be required by an asbestos trust, to facilitate the release of asbestos trust claim documents sought by the defendant. -824. -(a) In an asbestos tort action, a court shall retain jurisdiction over the action for four years after entry of judgment to hear motions, order discovery, make determinations regarding reduction of claims pursuant to Section 877 for any sums received by a plaintiff from an asbestos trust or from other defendants, whether received before or after entry of judgment, or to otherwise make determinations or enforce remedies regarding issues related to this chapter. -(b) This section does not limit or otherwise affect any rights or remedies otherwise -available under the law. -available. -825. -This chapter -shall apply -applies -to all asbestos tort actions filed on or after January 1, 2017, and all asbestos tort actions pending on January 1, 2017, if the initial trial date in the asbestos tort action has not yet passed.","Existing law provides generally for procedures governing civil actions. Existing law imposes additional procedures that apply with respect to limited types of civil actions. -This bill would enact the Asbestos Tort Claim Trust Transparency Act, which would establish additional procedures with respect to civil actions pertaining to asbestos tort claims, as defined. The bill would, among other things, require that a plaintiff produce, at the same time he or she serves answers to interrogatories, all asbestos trust claim documents, as specified, and would provide that these documents are not subject to a claim of privilege. The bill would also require the plaintiff, in answering interrogatories, to disclose the facts related to his or her alleged exposure to asbestos. The bill would authorize a defendant to file a motion to compel the plaintiff’s compliance with the production and disclosure requirements, as described above. The bill would require the court to retain jurisdiction over an asbestos tort action for 4 years after entry of judgment for certain purposes. -Existing law requires a court to grant a petition of a party to a civil action who is over 70 years of age for a preference if the court makes certain findings. Existing law authorizes a court to grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference. -This bill provide that a plaintiff is entitled to a trial preference if he or she has complied with specific disclosure requirements and would require a plaintiff in an asbestos tort action who files a motion for preference to submit a sworn affidavit that he or she has complied with those disclosure requirements.","An act to -amend Section 36 of, and to -add Chapter 6 (commencing with Section 820) to Title 10 of Part 2 of, the Code of Civil Procedure, relating to civil claims." -560,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6027 of the Penal Code is amended to read: -6027. -(a) The Board of State and Community Corrections shall collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, including, but not limited to, prevention, intervention, suppression, supervision, and incapacitation, as they relate to both adult corrections, juvenile justice, and gang problems. The board shall seek to collect and make publicly available up-to-date data and information reflecting the impact of state and community correctional, juvenile justice, and gang-related policies and practices enacted in the state, as well as information and data concerning promising and evidence-based practices from other jurisdictions. -(b) Consistent with subdivision (c) of Section 6024, the board shall also: -(1) Develop recommendations for the improvement of criminal justice and delinquency and gang prevention activity throughout the state. -(2) Identify, promote, and provide technical assistance relating to evidence-based programs, practices, and promising and innovative projects consistent with the mission of the board. -(3) Develop definitions of key terms, including, but not limited to, “recidivism,” “average daily population,” “treatment program completion rates,” and any other terms deemed relevant in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based practices, promising evidence-based practices, and evidence-based programs. In developing these definitions, the board shall consult with the following stakeholders and experts: -(A) A county supervisor or county administrative officer, selected after conferring with the California State Association of Counties. -(B) A county sheriff, selected after conferring with the California State Sheriffs’ Association. -(C) A chief probation officer, selected after conferring with the Chief Probation Officers of California. -(D) A district attorney, selected after conferring with the California District Attorneys Association. -(E) A public defender, selected after conferring with the California Public Defenders Association. -(F) The Secretary of the Department of Corrections and Rehabilitation. -(G) A representative from the Administrative Office of the Courts. -(H) A representative from a nonpartisan, nonprofit policy institute with experience and involvement in research and data relating to California’s criminal justice system. -(I) A representative from a nonprofit agency providing comprehensive reentry services. -(4) Receive and disburse federal funds, and perform all necessary and appropriate services in the performance of its duties as established by federal acts. -(5) Develop comprehensive, unified, and orderly procedures to ensure that applications for grants are processed fairly, efficiently, and in a manner consistent with the mission of the board. -(6) Identify delinquency and gang intervention and prevention grants that have the same or similar program purpose, are allocated to the same entities, serve the same target populations, and have the same desired outcomes for the purpose of consolidating grant funds and programs and moving toward a unified single delinquency intervention and prevention grant application process in adherence with all applicable federal guidelines and mandates. -(7) Cooperate with and render technical assistance to the Legislature, state agencies, units of general local government, combinations of those units, or other public or private agencies, organizations, or institutions in matters relating to criminal justice and delinquency prevention. -(8) Develop incentives for units of local government to develop comprehensive regional partnerships whereby adjacent jurisdictions pool grant funds in order to deliver services, such as job training and employment opportunities, to a broader target population, including at-risk youth, and maximize the impact of state funds at the local level. -(9) Conduct evaluation studies of the programs and activities assisted by the federal acts. -(10) Identify and evaluate state, local, and federal gang and youth violence suppression, intervention, and prevention programs and strategies, along with funding for those efforts. The board shall assess and make recommendations for the coordination of the state’s programs, strategies, and funding that address gang and youth violence in a manner that maximizes the effectiveness and coordination of those programs, strategies, and resources. By January 1, 2014, the board shall develop funding allocation policies to ensure that within three years no less than 70 percent of funding for gang and youth violence suppression, intervention, and prevention programs and strategies is used in programs that utilize promising and proven evidence-based principles and practices. The board shall communicate with local agencies and programs in an effort to promote the best evidence-based principles and practices for addressing gang and youth violence through suppression, intervention, and prevention. -(11) The board shall collect from each county the plan submitted pursuant to Section 1230.1 within two months of adoption by the county boards of supervisors. Commencing January 1, 2013, and annually thereafter, the board shall collect and analyze available data regarding the implementation of the local plans and other outcome-based measures, as defined by the board in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs’ Association. By July 1, 2013, and annually thereafter, the board shall provide to the Governor and the Legislature a report on the implementation of the plans described above. -(12) Commencing on and after July 1, 2012, the board, in consultation with the Administrative Office of the Courts, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, shall support the development and implementation of first phase baseline and ongoing data collection instruments to reflect the local impact of Chapter 15 of the Statutes of 2011, specifically related to dispositions for felony offenders and postrelease community supervision. The board shall make any data collected pursuant to this paragraph available on the board’s Internet Web site. It is the intent of the Legislature that the board promote collaboration and the reduction of duplication of data collection and reporting efforts where possible. -(13) Commencing on and after July 1, 2016, the board, in consultation with the Administrative Office of the Courts, -the California District Attorneys Association, -the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, shall collect and analyze data regarding recidivism rates of all persons who receive a sentence pursuant to paragraph (2) or (5) of subdivision (h) of Section 1170 or who are placed on postrelease community supervision on or after July 1, 2016. The data shall include, as it becomes available, recidivism rates for these offenders one, two, and three years after their release in the community. The board shall make any data collected pursuant to this paragraph available on the board’s Internet Web site on a quarterly basis beginning on September 1, 2017. As used in this paragraph, the term “recidivism” shall have the same meaning as the definition of the term developed pursuant to paragraph (3). -(c) The board may do either of the following: -(1) Collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of criminal justice in the state. -(2) Perform other functions and duties as required by federal acts, rules, regulations, or guidelines in acting as the administrative office of the state planning agency for distribution of federal grants. -(d) Nothing in this chapter shall be construed to include, in the provisions set forth in this section, funds already designated to the Local Revenue Fund 2011 pursuant to Section 30025 of the Government Code.","Existing law requires the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, as specified. Existing law also requires the board, in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs’ Association, to collect and analyze data regarding local plans implementing the 2011 public safety realignment. -This bill would require the board, in consultation with the Administrative Office of the Courts, -the California District Attorneys Association, -the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, to collect and analyze data regarding recidivism rates of all persons who receive a felony sentence punishable by imprisonment in county jail or who are placed on postrelease community supervision. The bill would also require the board to make this data available on the board’s Internet Web site.","An act to amend Section 6027 of the Penal Code, relating to corrections." -561,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 313.5 is added to the Vehicle Code, to read: -313.5. -An “electrically motorized board” is any wheeled device that has a floorboard designed to be stood upon when riding that is not greater than 60 inches deep and 18 inches wide, is designed to transport only one person, and has an electric propulsion system averaging less than 1,000 watts, the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 20 miles per hour. The device may be designed to also be powered by human propulsion. -SEC. 2. -Section 21113 of the Vehicle Code is amended to read: -21113. -(a) A person shall not drive a vehicle or animal, or stop, park, or leave standing a vehicle or animal, whether attended or unattended, upon the driveways, paths, parking facilities, or the grounds of any public school, state university, state college, unit of the state park system, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission created pursuant to Section 130050 of the Public Utilities Code, joint powers agency operating or managing a commuter rail system, or any property under the direct control of the legislative body of a municipality, or a state, county, or hospital district institution or building, or an educational institution exempted, in whole or in part, from taxation, or any harbor improvement district or harbor district formed pursuant to Part 2 (commencing with Section 5800) or Part 3 (commencing with Section 6000) of Division 8 of the Harbors and Navigation Code, a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or state grounds served by the Department of the California Highway Patrol, or any property under the possession or control of a housing authority formed pursuant to Article 2 (commencing with Section 34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, except with the permission of, and upon and subject to any condition or regulation that may be imposed by, the legislative body of the municipality, or the governing board or officer of the public school, state university, state college, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission, joint powers agency operating or managing a commuter rail system, or state, county, or hospital district institution or building, or educational institution, or harbor district, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or housing authority, or the Direczed to do either of the following: -(1) Enforce that condition or regulation in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of this code. The public transportation agency shall be considered the issuing agency for that purpose. -(2) Designate regularly employed and salaried employees, who are engaged in directing traffic or enforcing parking laws and regulations, for the purpose of removing any vehicle in the same manner as a city, county, or jurisdiction of a state agency pursuant to Chapter 10 (commencing with Section 22650) of Division 11 of this code. -(e) With respect to the permitted use of vehicles or animals on property under the direct control of the legislative body of a municipality, no change in the use of vehicles or animals on the property, that had been permitted on January 1, 1976, shall be effective unless and until the legislative body, at a meeting open to the general public, determines that the use of vehicles or animals on the property should be prohibited or regulated. -(f) A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, electrically motorized boards, and roller skates on property under the control of, or any portion of property used by, the board. -(g) A public agency, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, may adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency. -(h) “Housing authority,” for the purposes of this section, means a housing authority located within a county with a population of over 6,000,000 people, and any other housing authority that complies with the requirements of this section. -(i) “Public transportation agency,” for purposes of this section, means a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of the California Constitution. -SEC. 2.5. -Section 21113 of the Vehicle Code is amended to read: -21113. -(a) A person shall not drive a vehicle or animal, or stop, park, or leave standing a vehicle or animal, whether attended or unattended, upon the driveways, paths, parking facilities, or the grounds of any public school, state university, state college, unit of the state park system, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission created pursuant to Section 130050 of the Public Utilities Code, joint powers agency operating or managing a commuter rail system, or any property under the direct control of the legislative body of a municipality, or a state, county, or hospital district institution or building, or an educational institution exempted, in whole or in part, from taxation, or any harbor improvement district or harbor district formed pursuant to Part 2 (commencing with Section 5800) or Part 3 (commencing with Section 6000) of Division 8 of the Harbors and Navigation Code, a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or state grounds served by the Department of the California Highway Patrol, or any property under the possession or control of a housing authority formed pursuant to Article 2 (commencing with Section 34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, except with the permission of, and upon and subject to any condition or regulation that may be imposed by, the legislative body of the municipality, or the governing board or officer of the public school, state university, state college, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission, joint powers agency operating or managing a commuter rail system, or state, county, or hospital district institution or building, or educational institution, or harbor district, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or housing authority, or the Director of Parks and Recreation regarding units of the state park system or the state agency with jurisdiction over the grounds served by the Department of the California Highway Patrol. -(b) A governing board, legislative body, or officer shall erect or place appropriate signs giving notice of any special conditions or regulations that are imposed under this section and the governing board, legislative body, or officer shall also prepare and keep available at the principal administrative office of the governing board, legislative body, or officer, for examination by all interested persons, a written statement of all those special conditions and regulations adopted pursuant to this section. -(c) When a governing board, legislative body, or officer permits public traffic upon the driveways, paths, parking facilities, or grounds under their control then, except for those conditions imposed or regulations enacted by the governing board, legislative body, or officer applicable to the traffic, all the provisions of this code relating to traffic upon the highways shall be applicable to the traffic upon the driveways, paths, parking facilities, or grounds. -(d) A public transportation agency that imposes any condition or regulation upon a person who parks or leaves standing a vehicle, pursuant to subdivision (a), is authorized to do either of the following: -(1) Enforce that condition or regulation in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of this code. The public transportation agency shall be considered the issuing agency for that purpose. -(2) Designate regularly employed and salaried employees, who are engaged in directing traffic or enforcing parking laws and regulations, for the purpose of removing any vehicle in the same manner as a city, county, or jurisdiction of a state agency pursuant to Chapter 10 (commencing with Section 22650) of Division 11 of this code. -(e) With respect to the permitted use of vehicles or animals on property under the direct control of the legislative body of a municipality, no change in the use of vehicles or animals on the property, that had been permitted on January 1, 1976, shall be effective unless and until the legislative body, at a meeting open to the general public, determines that the use of vehicles or animals on the property should be prohibited or regulated. -(f) A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on property under the control of, or any portion of property used by, the board. -(g) A public agency, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, may adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency. -(h) “Housing authority,” for the purposes of this section, means a housing authority located within a county with a population of over 6,000,000 people, and any other housing authority that complies with the requirements of this section. -(i) “Public transportation agency,” for purposes of this section, means a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of the California Constitution. -SEC. 3. -Article 7 (commencing with Section 21290) is added to Chapter 1 of Division 11 of the Vehicle Code, to read: -Article 7. Operation of Electrically Motorized Boards -21290. -(a) For purposes of this article, “bikeway” is defined in Section 890.4 of the Streets and Highways Code. -(b) For purposes of this article, an “electrically motorized board” is defined in Section 313.5. -21291. -An electrically motorized board shall be operated only by a person who is 16 years of age or older. -21292. -A person shall not operate an electrically motorized board upon a highway, bikeway, or any other public bicycle path, sidewalk, or trail, unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212. -21293. -(a) Every electrically motorized board operated upon a highway during darkness shall be equipped with all of the following: -(1) Except as provided in subdivision (b), a lamp emitting a white light that, while the electrically motorized board is in motion, illuminates the highway in front of the operator and is visible from a distance of 300 feet in front of the electrically motorized board. -(2) Except as provided in subdivision (c), a red reflector on the rear that is visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. -(3) Except as provided in subdivision (d), a white or yellow reflector on each side that is visible from a distance of 200 feet from the sides of the electrically motorized board. -(b) A lamp or lamp combination, emitting a white light, attached to the operator and visible from a distance of 300 feet in front of the electrically motorized board, may be used in lieu of the lamp required by paragraph (1) of subdivision (a). -(c) A red reflector, or reflectorizing material meeting the requirements of Section 25500, attached to the operator and visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle, may be used in lieu of the reflector required by paragraph (2) of subdivision (a). -(d) A white or yellow reflector, or reflectorizing material meeting the requirements of Section 25500, attached to the operator and visible from a distance of 200 feet from the sides of the electrically motorized board, may be used in lieu of the reflector required by paragraph (3) of subdivision (a). -21294. -(a) Electrically motorized boards shall only operate upon a highway designated with a speed limit of 35 miles per hour or less, unless the electrically motorized board is operated entirely within a designated Class II or Class IV bikeway. -(b) A person shall not operate an electrically motorized board upon a highway, bikeway, or any other public bicycle path, sidewalk, or trail, at a speed in excess of 15 miles per hour. -(c) Notwithstanding subdivision (b), a person shall not operate an electrically motorized board at a speed greater than is reasonable or prudent having due regard for weather, visibility, pedestrian and vehicular traffic, and the surface and width of the highway, bikeway, public bicycle path, sidewalk, or trail, and in no event at a speed that endangers the safety of any person or property. -21295. -The Commissioner of the California Highway Patrol shall submit a report to the Legislature, on or before January 1, 2021, to assist in determining the effect that the use of electrically motorized boards has on traffic safety. The report shall include detailed statewide traffic collision data involving electrically motorized boards, including property damage only, injury, and fatal traffic collisions. The report shall be submitted in compliance with Section 9795 of the Government Code. Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2025. -21296. -(a) It is unlawful for a person to operate an electrically motorized board upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. -(b) A person arrested for a violation of this section may request to have a chemical test made of his or her blood or breath for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to subdivision (d) of Section 23612, and, if so requested, the arresting officer shall have the test performed. -(c) A conviction for a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). -SEC. 4. -Section 21960 of the Vehicle Code is amended to read: -21960. -(a) The Department of Transportation and local authorities, by order, ordinance, or resolution, with respect to freeways, expressways, or designated portions thereof under their respective jurisdictions, to which vehicle access is completely or partially controlled, may prohibit or restrict the use of the freeways, expressways, or any portion thereof by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motor-driven cycle, motorized bicycle, motorized scooter, or electrically motorized board. A prohibition or restriction pertaining to bicycles, motor-driven cycles, motorized scooters, or electrically motorized boards shall be deemed to include motorized bicycles. A person shall not operate a motorized bicycle wherever that prohibition or restriction is in force. Notwithstanding any order, ordinance, or resolution to the contrary, the driver or passengers of a disabled vehicle stopped on a freeway or expressway may walk to the nearest exit, in either direction, on that side of the freeway or expressway upon which the vehicle is disabled, from which telephone or motor vehicle repair services are available. -(b) The prohibitory regulation authorized by subdivision (a) shall be effective when appropriate signs giving notice thereof are erected upon any freeway or expressway and the approaches thereto. If any portion of a county freeway or expressway is contained within the limits of a city within the county, the county may erect signs on that portion as required under this subdivision if the ordinance has been approved by the city pursuant to subdivision (b) of Section 1730 of the Streets and Highways Code. -(c) No ordinance or resolution of local authorities shall apply to any state highway until the proposed ordinance or resolution has been presented to, and approved in writing by, the Department of Transportation. -(d) An ordinance or resolution adopted under this section on or after January 1, 2005, to prohibit pedestrian access to a county freeway or expressway shall not be effective unless it is supported by a finding by the local authority that the freeway or expressway does not have pedestrian facilities and pedestrian use would pose a safety risk to the pedestrian. -SEC. 5. -Section 21967 of the Vehicle Code is amended to read: -21967. -Except as provided in Section 21968, a local authority may adopt rules and regulations by ordinance or resolution prohibiting or restricting persons from riding or propelling skateboards, or electrically motorized boards, on highways, sidewalks, or roadways. -SEC. 6. -Section 21968 of the Vehicle Code is amended to read: -21968. -(a) A motorized skateboard shall not be propelled on any sidewalk, roadway, or any other part of a highway or on any bikeway, bicycle path or trail, equestrian trail, or hiking or recreational trail. -(b) For purposes of this section, an electrically motorized board, as defined in Section 313.5, is not a motorized skateboard. -SEC. 7. -Section 2.5 of this bill incorporates amendments to Section 21113 of the Vehicle Code proposed by both this bill and Assembly Bill 1096. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 21113 of the Vehicle Code, and (3) this bill is enacted after Assembly Bill 1096, in which case Section 2 of this bill shall not become operative. -SEC. 8. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law regulates the operation of bicycles, motorized scooters, and electric personal assistive mobility devices, as defined. Existing law makes a violation of these provisions punishable as an infraction. -This bill would define the term “electrically motorized board.” The bill would prohibit the operation of an electrically motorized board upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. The bill would require the operator of an electrically motorized board to wear a helmet while operating an electrically motorized board upon a highway, bikeway, or any other public bicycle path, sidewalk, or trail. The bill would require an operator to be at least 16 years of age in order to operate an electrically motorized board. The bill would also require electrically motorized boards to be equipped with safety equipment, as specified, and restrict the operation speed of electrically motorized boards. Because a violation of these provisions would be punishable as an infraction, this bill would impose a state-mandated local program. -The bill would also require the Commissioner of the California Highway Patrol to submit a report, as specified, to the Legislature, on or before January 1, 2021, to assist in determining the effect that the use of electrically motorized boards has on traffic safety. -Existing law authorizes transit development boards and public agencies, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, to adopt ordinances, rules, or regulations, respectively, to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, and roller skates on property under the control of, or any portion of property used by, the board, or on public property under the jurisdiction of the agency, respectively. -This bill would additionally authorize those boards and agencies to adopt ordinances, rules, and regulations, respectively, for the use of electrically motorized boards. -Existing law authorizes local authorities to adopt rules and regulations by ordinance or resolution prohibiting or restricting persons from riding or propelling skateboards on highways, sidewalks, or roadways. -This bill would additionally authorize local authorities to adopt rules and regulations by ordinance or resolution prohibiting or restricting persons from riding or propelling electrically motorized boards on highways, sidewalks, or roadways. -Existing law makes it a crime to operate a motorized skateboard on any sidewalk, roadway, or any other part of a highway or on any bikeway, bicycle path or trail, equestrian trail, or hiking or recreational trail. -This bill would provide that an electrically motorized board is not a motorized skateboard for those purposes. -Existing law authorizes the Department of Transportation and local authorities to prohibit or restrict the use of bicycles, motorized bicycles, and motorized scooters upon freeways or expressways. -This bill would authorize the Department of Transportation and local authorities to also prohibit or restrict the use of electrically motorized boards upon freeways or expressways. -This bill would incorporate additional changes to Section 21113 of the Vehicle Code proposed by AB 1096 that would become operative only if this bill and AB 1096 are both chaptered, and this bill is chaptered last. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 21113, 21960, 21967, and 21968 of, to add Section 313.5 to, to add Article 7 (commencing with Section 21290) to Chapter 1 of Division 11 of, and to repeal Section 21295 of, the Vehicle Code, relating to vehicles." -562,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10145 of the Business and Professions Code is amended to read: -10145. -(a) (1) A real estate broker who accepts funds belonging to others in connection with a transaction subject to this part shall deposit all those funds that are not immediately placed into a neutral escrow depository or into the hands of the broker’s principal, into a trust fund account maintained by the broker in a bank or recognized depository in this state. All funds deposited by the broker in a trust fund account shall be maintained there until disbursed by the broker in accordance with instructions from the person entitled to the funds. -(2) Withdrawals may be made from a trust fund account of an individual broker only upon the signature of that broker, or in the case of a corporate broker, only upon the signature of an officer through whom the corporation is licensed pursuant to Section 10158 or 10211, or one, or more, of the following persons if specifically authorized in writing by the individual broker or officer: -(A) A real estate salesperson licensed to the broker. -(B) Another broker acting pursuant to a written agreement with the individual broker that conforms to the requirements of this part and any regulations promulgated pursuant to this part. -(C) An unlicensed employee of the individual broker, if the broker has fidelity bond coverage equal to at least the maximum amount of the trust funds to which the unlicensed employee has access at any time. For purposes of this section, bonds providing coverage may be written with a deductible of up to 5 percent of the coverage amount. For bonds with a deductible, the employing broker shall have evidence of financial responsibility that is sufficient to protect members of the public against a loss subject to the deductible amount. -Evidence of financial responsibility shall include one or more of the following: -(i) Separate fidelity bond coverage adequate to cover the amount of the fidelity bond deductible. -(ii) A cash deposit held in a separate account, apart from other funds of the broker, the broker’s employees, or the broker’s principals, in a bank or recognized depository in this state adequate to cover the amount of the fidelity bond deductible and held exclusively and solely for the purpose of paying the fidelity bond deductible amount. -(iii) Any other evidence of financial responsibility approved by the commissioner. -(3) An arrangement under which a person enumerated in subparagraph (A), (B), or (C) of paragraph (2) is authorized to make withdrawals from a trust fund account of a broker shall not relieve an individual broker, nor the broker-officer of a corporate broker licensee, from responsibility or liability as provided by law in handling trust funds in the broker’s custody. -(4) Notwithstanding the provisions of paragraphs (1), (2), and (3), a real estate broker collecting payments or performing services for investors or note owners in connection with loans secured by a first lien on real property may deposit funds received in trust in an out-of-state depository institution insured by the Federal Deposit Insurance Corporation, if the investor or note owner is any one of the following: -(A) The Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the United States Department of Veterans Affairs. -(B) A bank or subsidiary thereof, bank holding company or subsidiary thereof, trust company, savings bank or savings and loan association or subsidiary thereof, savings bank or savings association holding company or subsidiary thereof, credit union, industrial bank or industrial loan company, or insurance company doing business under the authority of, and in accordance with, the laws of this state, another state, or the United States relating to banks, trust companies, savings banks or savings associations, credit unions, industrial banks or industrial loan companies, or insurance companies, as evidenced by a license, certificate, or charter issued by the United States or a state, district, territory, or commonwealth of the United States. -(C) Trustees of a pension, profit-sharing, or welfare fund, if the pension, profit-sharing, or welfare fund has a net worth of not less than fifteen million dollars ($15,000,000). -(D) A corporation with outstanding securities registered under Section 12 of the Securities Exchange Act of 1934 or a wholly owned subsidiary of that corporation. -(E) A syndication or other combination of any of the entities specified in subparagraph (A), (B), (C), or (D) that is organized to purchase the promissory note. -(F) The California Housing Finance Agency or a local housing finance agency organized under the Health and Safety Code. -(G) A licensed residential mortgage lender or servicer acting under the authority of that license. -(H) A licensed real estate broker selling all or part of the loan, note, or contract to a lender or purchaser specified in subparagraphs (A) to (G), inclusive. -(5) A real estate broker who deposits funds held in trust in an out-of-state depository institution in accordance with paragraph (3) shall make available, in this state, the books, records, and files pertaining to the trust accounts to the commissioner or the commissioner’s representatives or pay the reasonable expenses for travel and lodging incurred by the commissioner or the commissioner’s representatives in order to conduct an examination at an out-of-state location. -(b) A real estate broker acting as a principal pursuant to Section 10131.1 shall place all funds received from others for the purchase of real property sales contracts or promissory notes secured directly or collaterally by liens on real property in a neutral escrow depository unless delivery of the contract or note is made simultaneously with the receipt of the purchase funds. -(c) A real estate sales person who accepts trust funds from others on behalf of the broker under whom he or she is licensed shall immediately deliver the funds to the broker or, if so directed by the broker, shall deliver the funds into the custody of the broker’s principal or a neutral escrow depository or shall deposit the funds into the broker’s trust fund account. -(d) If not otherwise expressly prohibited by this part, a real estate broker may, at the request of the owner of trust funds or of the principals to a transaction or series of transactions from whom the broker has received trust funds, deposit the funds into an interest-bearing account in a bank, savings and loan association, credit union, or industrial loan company, the accounts of which are insured by the Federal Deposit Insurance Corporation, if all of the following requirements are met: -(1) The account is in the name of the broker as trustee for the designated beneficiary or principal of a transaction or series of transactions. -(2) All of the funds in the account are covered by insurance provided by an agency of the United States. -(3) The funds in the account are kept separate, distinct, and apart from funds belonging to the broker or to any other person for whom the broker holds funds in trust. -(4) The broker discloses to the person from whom the trust funds are received, and to a beneficiary whose identity is known to the broker at the time of establishing the account, the nature of the account, how interest will be calculated and paid under various circumstances, whether service charges will be paid to the depository and by whom, and possible notice requirements or penalties for withdrawal of funds from the account. -(5) Interest earned on funds in the account may not inure directly or indirectly to the benefit of the broker or a person licensed to the broker. -(6) In an executory sale, lease, or loan transaction in which the broker accepts funds in trust to be applied to the purchase, lease, or loan, the parties to the contract shall have specified in the contract or by collateral written agreement the person to whom interest earned on the funds is to be paid or credited. -(e) The broker shall have no obligation to place trust funds into an interest-bearing account unless requested to do so and unless all of the conditions in subdivision (d) are met, nor, in any event, if he or she advises the party making the request that the funds will not be placed in an interest-bearing account. -(f) Nothing in subdivision (d) shall preclude the commissioner from prescribing, by regulation, circumstances in which, and conditions under which, a real estate broker is authorized to deposit funds received in trust into an interest-bearing trust fund account. -(g) The broker shall maintain a separate record of the receipt and disposition of all funds described in subdivisions (a) and (b), including any interest earned on the funds. -(h) Upon request of the commissioner, a broker shall furnish to the commissioner an authorization for examination of financial records of those trust fund accounts maintained in a financial institution, in accordance with the procedures set forth in Section 7473 of the Government Code. -(i) As used in this section, “neutral escrow” means an escrow business conducted by a person licensed under Division 6 (commencing with Section 17000) of the Financial Code or by a person described in paragraph (1) or (3) of subdivision (a) of Section 17006 of that code.","Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers by the Real Estate Commissioner. Existing law requires a real estate broker who accepts funds belonging to others in connection with a transaction to deposit all those funds in either a neutral escrow depository, into the hands of the broker’s principal, or into a trust fund account, as specified. -This bill would authorize certain persons, including, among others, a real estate salesperson licensed to the broker to withdraw funds from a trust fund account of the broker if specifically authorized in writing. The bill would authorize an unlicensed employee of the broker to withdraw funds from the broker’s trust fund account if the broker has fidelity bond coverage equal to the maximum amount of the trust funds to which the unlicensed employee has access to at any time. The bill would authorize this bond to have a deductible of up to 5% of the coverage amount, if the employing broker has evidence of financial responsibility and require financial responsibility to be a separate fidelity bond coverage or a cash deposit adequate to cover the amount of the fidelity bond deductible, as specified, or any other evidence of financial responsibility approved by the commissioner. The bill would prohibit an arrangement from relieving the persons authorized by a broker or officer from responsibility or liability in handling trust funds in the broker’s custody, as specified.","An act to amend Section 10145 of the Business and Professions Code, relating to real estate brokers." -563,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4007.5 of the Family Code is repealed. -SEC. 2. -Section 4007.5 is added to the Family Code, to read: -4007.5. -(a) Every money judgment or order for support of a child shall be suspended, by operation of law, for any period exceeding 90 consecutive days in which the person ordered to pay support is incarcerated or involuntarily institutionalized, unless either of the following conditions exist: -(1) The person owing support has the means to pay support while incarcerated or involuntarily institutionalized. -(2) The person owing support was incarcerated or involuntarily institutionalized for an offense constituting domestic violence, as defined in Section 6211, against the supported party or supported child, or for an offense that could be enjoined by a protective order pursuant to Section 6320, or as a result of his or her failure to comply with a court order to pay child support. -(b) The child support obligation shall resume on the first day of the first full month after the release of the person owing support in the amount previously ordered, and that amount is presumed to be appropriate under federal and state law. This section does not preclude a person owing support from seeking a modification of the child support order pursuant to Section 3651, based on a change in circumstances or other appropriate reason. -(c) (1) A local child support agency enforcing a child support order under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.) may, upon written notice of the proposed adjustment to the support obligor and obligee along with a blank form provided for the support obligor or obligee to object to the administrative adjustment to the local child support agency, administratively adjust account balances for a money judgment or order for support of a child suspended pursuant to subdivision (a) if all of the following occurs: -(A) The agency verifies that arrears and interest were accrued in violation of this section. -(B) The agency verifies that neither of the conditions set forth in paragraph (1) or (2) of subdivision (a) exist. -(C) Neither the support obligor nor obligee objects, within 30 days of receipt of the notice of proposed adjustment, whether in writing or by telephone, to the administrative adjustment by the local child support agency. -(2) If either the support obligor or obligee objects to the administrative adjustment set forth in this subdivision, the agency shall not adjust the order, but shall file a motion with the court to seek to adjust the arrears and shall serve copies of the motion on the parties, who may file an objection to the agency’s motion with the court. The obligor’s arrears shall not be adjusted unless the court approves the adjustment. -(3) The agency may perform this adjustment without regard to whether it was enforcing the child support order at the time the parent owing support qualified for relief under this section. -(d) This section does not prohibit the local child support agency or a party from petitioning a court for a determination of child support or arrears amounts. -(e) For purposes of this section, the following definitions shall apply: -(1) “Incarcerated or involuntarily institutionalized” includes, but is not limited to, involuntary confinement to the state prison, a county jail, a juvenile facility operated by the Division of Juvenile Facilities in the Department of Corrections and Rehabilitation, or a mental health facility. -(2) “Suspend” means that the payment due on the current child support order, an arrears payment on a preexisting arrears balance, or interest on arrears created during a qualifying period of incarceration pursuant to this section is, by operation of law, set to zero dollars ($0) for the period in which the person owing support is incarcerated or involuntarily institutionalized. -(f) This section applies to every money judgment or child support order issued or modified on or after the enactment of this section. -(g) The Department of Child Support Services shall, by January 1, 2016, and in consultation with the Judicial Council, develop forms to implement this section. -(h) On or before January 1, 2019, the Department of Child Support Services and the Judicial Council shall conduct an evaluation of the effectiveness of the administrative adjustment process authorized by this section and shall report the results of the review, as well as any recommended changes, to the Assembly Judiciary Committee and the Senate Judiciary Committee. The evaluation shall include a review of the ease of the process to both the obligor and obligee, as well as an analysis of the number of cases administratively adjusted, the number of cases adjusted in court, and the number of cases not adjusted. -(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to limit the duration of the interruption in the protections provided by former Section 4007.5 of the Family Code, it is necessary that this bill take effect immediately.","Prior law required, until July 1, 2015, the obligation of a person to pay child support pursuant to an order that is being enforced by a local child support agency under Title IV-D of the Social Security Act to be suspended for the period of time exceeding 90 days in which the person required to pay support is incarcerated or involuntarily institutionalized, with specified exceptions. Prior law required that, upon the release of the obligor, the obligation to pay child support immediately resume in the amount otherwise specified in the child support order prior to the suspension of that obligation. Prior law required the court to provide notice to the parties of the support obligation suspension at the time the order was issued or modified. Prior law authorized an obligor, upon release from incarceration or involuntary institutionalization, to petition the court for an adjustment of the arrears pursuant to the suspension of the support obligation. -This bill would enact similar provisions to require the suspension of a child support order to occur by operation of law when an obligor is incarcerated or involuntarily institutionalized, unless the obligor has the means to pay support, or the obligor was incarcerated or involuntarily institutionalized for either an offense constituting domestic violence or the failure to pay child support. The bill would also authorize the local child support agency to administratively adjust account balances for a money judgment or order for support of a child that is suspended by operation of law if the agency verifies that arrears and interest were accrued in violation of these provisions, that specified conditions relating to the obligor’s inability to pay while incarcerated and the underlying offense for which he or she was incarcerated do not exist, and neither the obligor nor the obligee object to the adjustment. The bill would require the local child support agency to give notice, as prescribed, of the adjustment to the obligor and obligee. If either the obligor or the obligee objects to the adjustment, the bill would require the agency to file a motion with the court to adjust the arrears and would allow the adjustment only after approval by the court. The bill would require the child support obligation to resume on the first day of the first full month after the release of the person owing support. The bill would require the Department of Child Support Services, in consultation with the Judicial Council, to develop forms to implement these provisions, and would require them to report specified information relating to these provisions to the Assembly Judiciary Committee and the Senate Judiciary Committee on or before January 1, 2019. The bill would make these provisions operative only until January 1, 2020. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to repeal and add Section 4007.5 of the Family Code, relating to child support, and declaring the urgency thereof, to take effect immediately." -564,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11165.1 of the Health and Safety Code is amended to read: -11165.1. -(a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 shall, before January 1, 2016, or upon receipt of a federal Drug Enforcement Administration (DEA) registration, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that practitioner the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES Prescription Drug Monitoring Program (PDMP). -(ii) A pharmacist shall, before January 1, 2016, or upon licensure, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that pharmacist the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES PDMP. -(iii) -(I) -An individual designated by a board, bureau, or program within the Department of Consumer Affairs to investigate a holder of a professional license may, for the purpose of investigating the alleged substance abuse of a licensee, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a licensee that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that individual the electronic history of controlled substances dispensed to the licensee based on data contained in the CURES PDMP. -An application for an individual designated by a board, bureau, or program that does not regulate health care practitioners authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 -The application -shall contain facts demonstrating the probable cause to believe the licensee has violated a law governing controlled substances. -(II) This clause does not require an individual designated by a board, bureau, or program within the Department of Consumer Affairs that regulates health care practitioners to submit an application to access the information stored within the CURES PDMP. -(B) An application may be denied, or a subscriber may be suspended, for reasons which include, but are not limited to, the following: -(i) Materially falsifying an application for a subscriber. -(ii) Failure to maintain effective controls for access to the patient activity report. -(iii) Suspended or revoked federal DEA registration. -(iv) Any subscriber who is arrested for a violation of law governing controlled substances or any other law for which the possession or use of a controlled substance is an element of the crime. -(v) Any subscriber described in clause (i) or (ii) of subparagraph (A) accessing information for any other reason than caring for his or her patients. -(vi) Any subscriber described in clause (iii) of subparagraph (A) accessing information for any other reason than investigating the holder of a professional license. -(C) Any authorized subscriber shall notify the Department of Justice within 30 days of any changes to the subscriber account. -(2) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 or a pharmacist shall be deemed to have complied with paragraph (1) if the licensed health care practitioner or pharmacist has been approved to access the CURES database through the process developed pursuant to subdivision (a) of Section 209 of the Business and Professions Code. -(b) Any request for, or release of, a controlled substance history pursuant to this section shall be made in accordance with guidelines developed by the Department of Justice. -(c) In order to prevent the inappropriate, improper, or illegal use of Schedule II, Schedule III, or Schedule IV controlled substances, the Department of Justice may initiate the referral of the history of controlled substances dispensed to an individual based on data contained in CURES to licensed health care practitioners, pharmacists, or both, providing care or services to the individual. -(d) The history of controlled substances dispensed to an individual based on data contained in CURES that is received by an authorized subscriber from the Department of Justice pursuant to this section shall be considered medical information subject to the provisions of the Confidentiality of Medical Information Act contained in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. -(e) Information concerning a patient’s controlled substance history provided to an authorized subscriber pursuant to this section shall include prescriptions for controlled substances listed in Sections 1308.12, 1308.13, and 1308.14 of Title 21 of the Code of Federal Regulations.","Existing law requires certain health care practitioners and pharmacists to apply to the Department of Justice to obtain approval to access information contained in the Controlled Substance Utilization Review and Evaluation System (CURES) Prescription Drug Monitoring Program (PDMP) regarding the controlled substance history of a patient under his or her care. Existing law requires the Department of Justice, upon approval of an application, to provide the approved health care practitioner or pharmacist the history of controlled substances dispensed to an individual under his or her care. Existing law authorizes an application to be denied, or a subscriber to be suspended, for specified reasons, including, among others, a subscriber accessing information for any reason other than caring for his or her patients. -This bill would also authorize an individual designated to investigate a holder of a professional license to apply to the Department of Justice to obtain approval to access information contained in the CURES PDMP regarding the controlled substance history of an applicant or a licensee for the purpose of investigating the alleged substance abuse of a licensee. The bill would, upon approval of an application, require the department to provide to the approved individual the history of controlled substances dispensed to the licensee. The bill would clarify that only a subscriber who is a health care practitioner or a pharmacist may have an application denied or be suspended for accessing subscriber information for any reason other than caring for his or her patients. The bill would also specify that an application may be denied, or a subscriber may be suspended, if a subscriber who has been designated to investigate the holder of a professional license accesses information for any reason other than investigating the holder of a professional license.","An act to amend Section 11165.1 of the Health and Safety Code, relating to controlled substances." -565,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1254.5 of the Health and Safety Code is amended to read: -1254.5. -(a) The Legislature finds and declares that the disease of eating disorders is not simply medical or psychiatric, but involves biological, sociological, psychological, family, medical, and spiritual components. In addition, the Legislature finds and declares that the treatment of eating disorders is multifaceted, and like the treatment of chemical dependency, does not fall neatly into either the traditional medical or psychiatric milieu. -(b) The inpatient treatment of eating disorders shall be provided only in state licensed hospitals, which may be general acute care hospitals as defined in subdivision (a) of Section 1250, acute psychiatric hospitals as defined in subdivision (b) of Section 1250, or any other licensed health facility designated by the State Department of Public Health. -(c) “Eating disorders,” for the purposes of this section, shall have the meaning of the term as defined in the Diagnostic and Statistical Manual of Mental Disorders, as published by the American Psychiatric Association. -SEC. 2. -Section 1275 of the Health and Safety Code is amended to read: -1275. -(a) (1) The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13, any reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the state department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any other law including, but not limited to, the California Building Standards Law, Part 2.5 (commencing with Section 18901) of Division 13. -(2) All regulations in effect on December 31, 1973, which were adopted by the State Board of Public Health, the State Department of Public Health, the State Department of Mental Hygiene, or the State Department of Health relating to licensed health facilities shall remain in full force and effect until altered, amended, or repealed by the director or pursuant to Section 25 or other provisions of law. -(b) Notwithstanding this section or any other law, the Office of Statewide Health Planning and Development shall adopt and enforce regulations prescribing building standards for the adequacy and safety of health facility physical plants. -(c) The building standards adopted by the State Fire Marshal, and the Office of Statewide Health Planning and Development pursuant to subdivision (b), for the adequacy and safety of freestanding physical plants housing outpatient services of a health facility licensed under subdivision (a) or (b) of Section 1250 shall not be more restrictive or comprehensive than the comparable building standards established, or otherwise made applicable, by the State Fire Marshal and the Office of Statewide Health Planning and Development to clinics and other facilities licensed pursuant to Chapter 1 (commencing with Section 1200). -(d) Except as provided in subdivision (f), the licensing standards adopted by the department under subdivision (a) for outpatient services located in a freestanding physical plant of a health facility licensed under subdivision (a) or (b) of Section 1250 shall not be more restrictive or comprehensive than the comparable licensing standards applied by the department to clinics and other facilities licensed under Chapter 1 (commencing with Section 1200). -(e) Except as provided in subdivision (f), the state agencies specified in subdivisions (c) and (d) shall not enforce any standard applicable to outpatient services located in a freestanding physical plant of a health facility licensed pursuant to subdivision (a) or (b) of Section 1250, to the extent that the standard is more restrictive or comprehensive than the comparable licensing standards applied to clinics and other facilities licensed under Chapter 1 (commencing with Section 1200). -(f) All health care professionals providing services in settings authorized by this section shall be members of the organized medical staff of the health facility to the extent medical staff membership would be required for the provision of the services within the health facility. All services shall be provided under the respective responsibilities of the governing body and medical staff of the health facility. -(g) (1) Notwithstanding any other law, the department may, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, update references in the California Code of Regulations to health care standards of practice adopted by a recognized state or national association when the state or national association and its outdated standards are already named in the California Code of Regulations. When updating these references, the department shall: -(A) Post notice of the department’s proposed adoption of the state or national association’s health care standards of practice on its Internet Web site for at least 45 days. The notice shall include the name of the state or national association, the title of the health care standards of practice, and the version of the updated health care standards of practice to be adopted. -(B) Notify stakeholders that the proposed standards have been posted on the department’s Internet Web site by issuing a mailing to the most recent stakeholder list on file with the department’s Office of Regulations. -(C) Submit to the Office of Administrative Law the notice required pursuant to this paragraph. The office shall publish in the California Regulatory Notice Register any notice received pursuant to this subparagraph. -(D) Accept public comment for at least 30 days after the conclusion of the 45-day posting period specified in subparagraph (A). -(2) If a member of the public requests a public hearing during the public comment period, a hearing shall be held and comments shall be considered prior to the adoption of the state or national association’s health care standards of practice. -(3) If no member of the public requests a public hearing, the department shall consider any comments received during the public comment period prior to the adoption of the health care standards. -(4) Written responses to public comments shall not be required. If public comments are submitted in opposition to the adoption of the proposed standards, or the state or national association named in the California Code of Regulations no longer exists, the department shall seek adoption of the standards using the regulatory process specified in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. A state or national association named in the California Code of Regulations that has changed its name does not constitute an association that no longer exists. -(5) If no opposition is received by the department, the department shall update its Internet Web site to notify the public that the standard has been adopted and the effective date of that standard. -(h) For purposes of this section, “freestanding physical plant” means any building which is not physically attached to a building in which inpatient services are provided. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. A violation of these provisions is a crime. Existing law authorizes the department to promulgate rules and regulations regarding health facilities, in accordance with the provisions of the Administrative Procedure Act. -This bill would authorize the department to use a streamlined administrative process to update regulatory references to health care standards of practice adopted by a state or national association when outdated standards are already referenced in the California Code of Regulations. The procedure created by this bill would, among other things, require the department to post the update on the department’s Internet Web site, notify stakeholders of the proposed change, submit notice of the proposed change to the Office of Administrative Law for publication in the California Regulatory Notice Register, accept comments, and consider those comments prior to the adoption of the new standards. The bill would require, if a member of the public requests a public hearing, that the department hold a hearing and consider any comments. The bill would, if comments are submitted in opposition to the proposed change, require the department to instead follow the procedures provided for by the Administrative Procedure Act. -Existing law requires inpatient treatment of eating disorders to be provided only in state licensed hospitals. Existing law defines “eating disorders” for these purposes as anorexia nervosa and bulimia as defined in the 1980 Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. -This bill would instead define “eating disorders” to have the meaning of the term as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, as published by the American Psychiatric Association. By changing the definition of a crime applicable to health facilities, this bill would create a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 1254.5 and 1275 of the Health and Safety Code, relating to health facilities." -566,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10540 of the Water Code is amended to read: -10540. -(a) A regional water management group may prepare and adopt an integrated regional water management plan in accordance with this part. -(b) A regional water management group may coordinate its planning activities to address or incorporate all or part of any of the following actions of its members into its plan: -(1) Groundwater management planning pursuant to Part 2.75 (commencing with Section 10750), groundwater sustainability planning pursuant to Part 2.74 (commencing with Section 10720), or other specific groundwater management authority. -(2) Urban water management planning pursuant to Part 2.6 (commencing with Section 10610). -(3) The preparation of a water supply assessment required pursuant to Part 2.10 (commencing with Section 10910). -(4) Agricultural water management planning pursuant to Part 2.8 (commencing with Section 10800). -(5) City and county general planning pursuant to Section 65350 of the Government Code. -(6) Stormwater resource planning that is undertaken pursuant to Part 2.3 (commencing with Section 10560). -(7) Other water resource management planning, including flood protection, watershed management planning, and multipurpose program planning. -(c) At a minimum, all plans shall address all of the following: -(1) Protection and improvement of water supply reliability, including identification of feasible agricultural and urban water use efficiency strategies. -(2) Identification and consideration of the drinking water quality of communities within the area of the plan. -(3) Protection and improvement of water quality within the area of the plan, consistent with the relevant basin plan. -(4) Identification of any significant threats to groundwater resources from overdrafting. -(5) Protection, restoration, and improvement of stewardship of aquatic, riparian, and watershed resources within the region. -(6) Protection of groundwater resources from contamination. -(7) Identification and consideration of the water-related needs of disadvantaged communities in the area within the boundaries of the plan. -(d) This section does not obligate a local agency to fund the implementation of any project or program. -SEC. 2. -Section 10721 of the Water Code is amended to read: -10721. -Unless the context otherwise requires, the following definitions govern the construction of this part: -(a) “Adjudication action” means an action filed in the superior or federal district court to determine the rights to extract groundwater from a basin or store water within a basin, including, but not limited to, actions to quiet title respecting rights to extract or store groundwater or an action brought to impose a physical solution on a basin. -(b) “Basin” means a groundwater basin or subbasin identified and defined in Bulletin 118 or as modified pursuant to Chapter 3 (commencing with Section 10722). -(c) “Bulletin 118” means the department’s report entitled “California’s Groundwater: Bulletin 118” updated in 2003, as it may be subsequently updated or revised in accordance with Section 12924. -(d) “Coordination agreement” means a legal agreement adopted between two or more groundwater sustainability agencies that provides the basis for coordinating multiple agencies or groundwater sustainability plans within a basin pursuant to this part. -(e) “De minimis extractor” means a person who extracts, for domestic purposes, two acre-feet or less per year. -(f) “Governing body” means the legislative body of a groundwater sustainability agency. -(g) “Groundwater” means water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels. -(h) “Groundwater extraction facility” means a device or method for extracting groundwater from within a basin. -(i) “Groundwater recharge” or “recharge” means the augmentation of groundwater, by natural or artificial means. -(j) “Groundwater sustainability agency” means one or more local agencies that implement the provisions of this part. For purposes of imposing fees pursuant to Chapter 8 (commencing with Section 10730) or taking action to enforce a groundwater sustainability plan, “groundwater sustainability agency” also means each local agency comprising the groundwater sustainability agency if the plan authorizes separate agency action. -(k) “Groundwater sustainability plan” or “plan” means a plan of a groundwater sustainability agency proposed or adopted pursuant to this part. -(l) “Groundwater sustainability program” means a coordinated and ongoing activity undertaken to benefit a basin, pursuant to a groundwater sustainability plan. -(m) “In-lieu use” means the use of surface water by persons that could otherwise extract groundwater in order to leave groundwater in the basin. -(n) “Local agency” means a local public agency that has water supply, water management, or land use responsibilities within a groundwater basin. -(o) “Operator” means a person operating a groundwater extraction facility. The owner of a groundwater extraction facility shall be conclusively presumed to be the operator unless a satisfactory showing is made to the governing body of the groundwater sustainability agency that the groundwater extraction facility actually is operated by some other person. -(p) “Owner” means a person owning a groundwater extraction facility or an interest in a groundwater extraction facility other than a lien to secure the payment of a debt or other obligation. -(q) “Personal information” has the same meaning as defined in Section 1798.3 of the Civil Code. -(r) “Planning and implementation horizon” means a 50-year time period over which a groundwater sustainability agency determines that plans and measures will be implemented in a basin to ensure that the basin is operated within its sustainable yield. -(s) “Public water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. -(t) “Recharge area” means the area that supplies water to an aquifer in a groundwater basin. -(u) “Sustainability goal” means the existence and implementation of one or more groundwater sustainability plans that achieve sustainable groundwater management by identifying and causing the implementation of measures targeted to ensure that the applicable basin is operated within its sustainable yield. -(v) “Sustainable groundwater management” means the management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results. -(w) “Sustainable yield” means the maximum quantity of water, calculated over a base period representative of long-term conditions in the basin and including any temporary surplus, that can be withdrawn annually from a groundwater supply without causing an undesirable result. -(x) “Undesirable result” means one or more of the following effects caused by groundwater conditions occurring throughout the basin: -(1) Chronic lowering of groundwater levels indicating a significant and unreasonable depletion of supply if continued over the planning and implementation horizon. Overdraft during a period of drought is not sufficient to establish a chronic lowering of groundwater levels if extractions and groundwater recharge are managed as necessary to ensure that reductions in groundwater levels or storage during a period of drought are offset by increases in groundwater levels or storage during other periods. -(2) Significant and unreasonable reduction of groundwater storage. -(3) Significant and unreasonable seawater intrusion. -(4) Significant and unreasonable degraded water quality, including the migration of contaminant plumes that impair water supplies. -(5) Significant and unreasonable land subsidence that substantially interferes with surface land uses. -(6) Depletions of interconnected surface water that have significant and unreasonable adverse impacts on beneficial uses of the surface water. -(y) “Water budget” means an accounting of the total groundwater and surface water entering and leaving a basin including the changes in the amount of water stored. -(z) “Watermaster” means a watermaster appointed by a court or pursuant to other law. -(aa) “Water year” means the period from October 1 through the following September 30, inclusive. -(ab) “Wellhead protection area” means the surface and subsurface area surrounding a water well or well field that supplies a public water system through which contaminants are reasonably likely to migrate toward the water well or well field. -SEC. 3. -Section 10726.5 is added to the Water Code, to read: -10726.5. -In addition to any other authority granted to a groundwater sustainability agency by this part or other law, a groundwater sustainability agency may enter into written agreements and funding with a private party to assist in, or facilitate the implementation of, a groundwater sustainability plan or any elements of the plan. -SEC. 4. -Section 10727.4 of the Water Code is amended to read: -10727.4. -In addition to the requirements of Section 10727.2, a groundwater sustainability plan shall include, where appropriate and in collaboration with the appropriate local agencies, all of the following: -(a) Control of saline water intrusion. -(b) Wellhead protection areas and recharge areas. -(c) Migration of contaminated groundwater. -(d) A well abandonment and well destruction program. -(e) Replenishment of groundwater extractions. -(f) Activities implementing, opportunities for, and removing impediments to, conjunctive use or underground storage. -(g) Well construction policies. -(h) Measures addressing groundwater contamination cleanup, groundwater recharge, in-lieu use, diversions to storage, conservation, water recycling, conveyance, and extraction projects. -(i) Efficient water management practices, as defined in Section 10902, for the delivery of water and water conservation methods to improve the efficiency of water use. -(j) Efforts to develop relationships with state and federal regulatory agencies. -(k) Processes to review land use plans and efforts to coordinate with land use planning agencies to assess activities that potentially create risks to groundwater quality or quantity. -(l) Impacts on groundwater dependent ecosystems. -SEC. 5. -Section 10727.8 of the Water Code is amended to read: -10727.8. -(a) Prior to initiating the development of a groundwater sustainability plan, the groundwater sustainability agency shall make available to the public and the department a written statement describing the manner in which interested parties may participate in the development and implementation of the groundwater sustainability plan. The groundwater sustainability agency shall provide the written statement to the legislative body of any city, county, or city and county located within the geographic area to be covered by the plan. The groundwater sustainability agency may appoint and consult with an advisory committee consisting of interested parties for the purposes of developing and implementing a groundwater sustainability plan. The groundwater sustainability agency shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the groundwater basin prior to and during the development and implementation of the groundwater sustainability plan. If the geographic area to be covered by the plan includes a public water system regulated by the Public Utilities Commission, the groundwater sustainability agency shall provide the written statement to the commission. -(b) For purposes of this section, interested parties include entities listed in Section 10927 that are monitoring and reporting groundwater elevations in all or a part of a groundwater basin managed by the groundwater sustainability agency. -SEC. 6. -Section 10732.2 is added to the Water Code, to read: -10732.2. -If a groundwater sustainability agency finds that a state entity is not working cooperatively regarding implementation of a groundwater sustainability plan, the groundwater sustainability agency may file notice with the board regarding its finding. The board shall notice proceedings to investigate the finding of the groundwater sustainability agency. If the board determines that the failure of the state entity to work cooperatively regarding implementation of a groundwater sustainability plan compromises the ability of the groundwater sustainability agency to implement the plan in a manner that will likely achieve the sustainability goal, the board may direct the state entity to cooperate in the implementation of the groundwater sustainability plan unless the state entity indicates its authority for not complying with a groundwater sustainability plan in the same manner as subdivision (f) of Section 10735.8. -SEC. 7. -Section 10733.4 of the Water Code is amended to read: -10733.4. -(a) Upon adoption of a groundwater sustainability plan, a groundwater sustainability agency shall submit the groundwater sustainability plan to the department for review pursuant to this chapter. -(b) If groundwater sustainability agencies develop multiple groundwater sustainability plans for a basin, the submission required by subdivision (a) shall not occur until the entire basin is covered by groundwater sustainability plans. When the entire basin is covered by groundwater sustainability plans, the groundwater sustainability agencies shall jointly submit to the department all of the following: -(1) The groundwater sustainability plans. -(2) An explanation of how the groundwater sustainability plans implemented together satisfy Sections 10727.2, 10727.4, and 10727.6 for the entire basin. -(3) A copy of the coordination agreement between the groundwater sustainability agencies to ensure the coordinated implementation of the groundwater sustainability plans for the entire basin. -(c) Upon receipt of a groundwater sustainability plan, the department shall post the plan on the department’s Internet Web site and provide 60 days for persons to submit comments to the department about the plan. -(d) The department shall evaluate the groundwater sustainability plan within two years of its submission by a groundwater sustainability agency and issue an assessment of the plan. The assessment may include recommended corrective actions to address any deficiencies identified by the department. -(e) Nothing in this section shall be construed to prohibit a groundwater sustainability agency from implementing a groundwater sustainability plan prior to evaluation and assessment of the groundwater sustainability plan by the department.","Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. -This bill would define “in-lieu use” for the purposes of the act and would provide that, where appropriate, measures addressing in-lieu use shall be included in a groundwater sustainability plan. -The act authorizes a groundwater sustainability agency to exercise certain powers in implementing the act, in addition to, and not as a limitation on, any existing authority, if the groundwater sustainability agency adopts and submits to the Department of Water Resources a groundwater sustainability plan or prescribed alternative documentation. -This bill would, in addition to any other authorities granted to a groundwater sustainability agency, authorize a groundwater sustainability agency to enter into written agreements and funding with private parties that assist in or facilitate the implementation of groundwater sustainability plans or elements of a groundwater sustainability plan. -The act, with a specified exception, does not authorize a local agency to impose any requirement on the state or any agency, department, or officer of the state. -This bill, if a groundwater sustainability agency finds that a state entity is not working cooperatively regarding implementation of a groundwater sustainability plan, would permit the groundwater sustainability agency to file notice with the board and require the board to notice proceedings to investigate the finding of the groundwater sustainability agency. This bill would authorize the board to direct the state entity to cooperate in the implementation of the groundwater sustainability plan if the board determines that the failure of the state entity to work cooperatively regarding implementation of a groundwater sustainability plan compromises the ability of the groundwater sustainability agency to implement the plan in a manner that will likely achieve the sustainability goal unless the state entity indicates its authority for not complying with the groundwater sustainability plan. -Existing law, the Integrated Regional Water Management Planning Act, authorizes a regional water management group to prepare and adopt an integrated regional water management plan with specified components relating to water supply and water quality. Existing law authorizes a regional water management group to coordinate its planning activities to address or incorporate all or part of certain actions of its members into its plan, including groundwater management planning. -This bill would specify that groundwater sustainability planning is an action of regional water management group members that may be addressed or incorporated into a regional water management plan.","An act to amend Sections 10540, 10721, 10727.4, 10727.8, and 10733.4 of, and to add Sections 10726.5 and 10732.2 to, the Water Code, relating to water." -567,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Section 149.9 of the Streets and Highways Code, the statute authorizing the Los Angeles County Metropolitan Transportation Authority (LACMTA) and the Department of Transportation to pursue the implementation of high-occupancy toll (HOT) lanes on State Highway Routes 10 and 110, requires LACMTA to develop a program to offset the impact on tolls on certain income groups in Los Angeles County. -(b) LACMTA has implemented a low-income assistance program in this regard and has developed other ways to respond to this requirement. -(c) LACMTA’s report to the Legislature and subsequent information provided by LACMTA identified the progress of the HOT lanes overall and the level of participation in the low-income assistance program. -(d) While the HOT lanes have met their stated objectives, and while participation in the low-income assistance program has grown over time, improvements can be made. -(e) LACMTA and the department should continue to improve the overall performance of the HOT lanes, including identifying ways to improve travel speeds in both corridors. -(f) LACMTA and the department should continue to work to improve awareness of the low-income assistance program through advertising and working with local community groups and social service agencies to distribute information about the program. -(g) LACMTA should consider offering greater incentives in the low-income assistance program in order to incentivize participation in the program. -SEC. 2. -Section 149.9 of the Streets and Highways Code is amended to read: -149.9. -(a) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the Los Angeles County Metropolitan Transportation Authority (LACMTA) may conduct, administer, and operate a value-pricing and transit development program involving high-occupancy toll (HOT) lanes on State Highway Routes 10 and 110 in the County of Los Angeles. LACMTA, with the consent of the department, may direct and authorize the entry and use of the State Highway Routes 10 and 110 high-occupancy vehicle lanes by single-occupant vehicles and those vehicles that do not meet minimum occupancy requirements, as defined by LACMTA, for a fee. The amount of the fee shall be established by, and collected in a manner to be determined by, LACMTA. LACMTA may continue to require high-occupancy vehicles to have an electronic transponder or other electronic device for enforcement purposes. -(b) LACMTA shall implement the program in cooperation with the department, and with the active participation of the Department of the California Highway Patrol, pursuant to an agreement that addresses all matters related to design, construction, maintenance, and operation of state highway system facilities in connection with the program. With the consent of the department, LACMTA shall establish appropriate performance measures, such as speed or travel times, for the purpose of ensuring optimal use of the HOT lanes by high-occupancy vehicles without adversely affecting other traffic on the state highway system. -(1) Agreements between LACMTA, the department, and the Department of the California Highway Patrol shall identify the respective obligations and liabilities of each party to the agreement and assign them responsibilities relating to the program. The agreements entered into pursuant to this section shall be consistent with agreements between the department and the United States Department of Transportation relating to programs of this nature. The agreements entered into pursuant to this section shall include clear and concise procedures for enforcement by the Department of the California Highway Patrol of laws prohibiting the unauthorized use of the HOT lanes. The agreements shall provide for reimbursement of state agencies, from revenues generated by the program or other funding sources that are not otherwise available to state agencies for transportation-related projects, for costs incurred in connection with the implementation or operation of the program, as well as maintenance of state highway system facilities in connection with the program. -(2) All remaining revenue generated by the program shall be used in the corridor from which the revenue was generated exclusively for preconstruction, construction, and other related costs of high-occupancy vehicle facilities, transportation corridor improvements, and the improvement of transit service in the corridor, including, but not limited to, support for transit operations pursuant to an expenditure plan adopted by LACMTA. LACMTA’s administrative expenses related to the operation of the program shall not exceed 3 percent of the revenues. -(c) Single-occupant vehicles and those vehicles that do not meet minimum occupancy requirements that are certified or authorized by LACMTA for entry into, and use of, the State Highway Routes 10 and 110 high-occupancy vehicle lanes are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use. -(d) (1) In implementing the program, LACMTA shall continue to work with the affected communities in the respective corridors and provide mitigation measures for commuters of low income, including reduced toll charges and toll credits for transit users. Eligible commuters for reduced toll charges or toll credits for transit users shall meet the eligibility requirements for assistance programs under Chapter 2 (commencing with Section 11200) or Chapter 3 (commencing with Section 12000) of Part 3 of, Part 5 (commencing with Section 17000) of, or Chapter 10 (commencing with Section 18900), Chapter 10.1 (commencing with Section 18930), or Chapter 10.3 (commencing with Section 18937) of Part 6 of, Division 9 of the Welfare and Institutions Code. -(2) Beyond the measures already implemented to create a low-income assistance program, LACMTA shall take additional steps to increase enrollment and participation in the low-income assistance program. LACMTA, in that regard, shall improve awareness of the low-income assistance program through advertising and by working with local community groups and social service agencies to distribute information about the low-income assistance program. In addition, LACMTA shall consider offering greater incentives to encourage participation in the low-income assistance program. -(e) (1) LACMTA and the department shall report to the Legislature by January 31, 2015. The report shall include, but not be limited to, a summary of the program, a survey of its users, the impact on carpoolers, revenues generated, how transit service or alternative modes of transportation were impacted, any potential effect on traffic congestion in the high-occupancy vehicle lanes and in the neighboring lanes, the number of toll-paying vehicles that utilized the HOT lanes, any potential reductions in the greenhouse gas emissions that are attributable to congestion reduction resulting from the HOT lane program, any comments submitted by the Department of the California Highway Patrol regarding operation of the lanes, and a description of the mitigation measures on the affected communities and commuters in the program. The report shall be submitted in compliance with Section 9795 of the Government Code. This subdivision shall become inoperative on January 31, 2019, pursuant to Section 10231.5 of the Government Code. -(2) LACMTA and the department shall report to the policy committees of the Legislature with responsibility for transportation matters by December 31, 2018, on the efforts to improve the program authorized by this section. The report shall address efforts by LACMTA to increase participation in the low-income participation program, any additional incentives that have been developed to encourage participation in the low-income participation program, and the performance of the HOT lanes overall in improving congestion in the affected corridors and offsetting the impact to low-income commuters. This paragraph shall become inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. -(f) Toll paying commuters shall have the option to purchase any necessary toll paying equipment, prepay tolls, and renew toll payments by cash or by using a credit card. -(g) This section shall not prevent the department or any local agency from constructing facilities that compete with a HOT lane program, and LACMTA shall not be entitled to compensation for adverse effects on toll revenue due to those facilities. -(h) LACMTA may issue bonds, as set forth in Chapter 5 (commencing with Section 130500) of Division 12 of the Public Utilities Code, at any time to finance any costs necessary to implement a value-pricing and transit development program established in accordance with this section and to finance any expenditures payable from the revenues generated from the program.","Existing law authorizes a value-pricing and transit development program involving high-occupancy toll (HOT) lanes to be conducted, administered, developed, and operated on State Highway Routes 10 and 110 in the County of Los Angeles by the Los Angeles County Metropolitan Transportation Authority (LACMTA) under certain conditions. -Existing law requires LACMTA, in implementing the program, to continue to work with the affected communities in the respective corridors and provide mitigation measures for commuters and transit users of low income, including reduced toll charges and toll credits. Existing law requires eligible commuters and transit users to meet the eligibility requirements for specified assistance programs. -This bill would require LACMTA to take additional steps, beyond the previous implementation of a low-income assistance program, to increase enrollment and participation in the low-income assistance program, as specified, through advertising and work with community organizations and social service agencies. The bill would also require LACMTA and the Department of Transportation to report to the Legislature by December 31, 2018, on efforts to improve the HOT lane program, including efforts to increase participation in the low-income assistance program.","An act to amend Section 149.9 of the Streets and Highways Code, relating to transportation." -568,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2750.8 is added to the Labor Code, to read: -2750.8. -(a) The Labor Commissioner and the Department of Employment Development shall administer the Motor Carrier Employer Amnesty Program pursuant to which, notwithstanding any law, an eligible motor carrier performing drayage services at any port shall be relieved of liability for statutory or civil penalties associated with the misclassification of commercial drivers as independent contractors, as provided by this program, if the eligible motor carrier executes a settlement agreement with the Labor Commissioner whereby the eligible motor carrier agrees to, among other things, properly classify all of its commercial drivers as employees. -(b) As used in this section, the following terms shall have the following meanings: -(1) “Commercial driver” means a person who holds a valid commercial driver’s license who is hired or contracted to provide port drayage services. -(2) “Department” means the Employment Development Department. -(3) “Eligible motor carrier” means a motor carrier that shall not have any of the following on the date it applies to participate in the program: -(A) A civil lawsuit that was filed on or before December 31, 2015, pending against it in a state or federal court that alleges or involves a misclassification of a commercial driver. -(B) A penalty assessed by the department pursuant to Section 1128 that is final imposition of that penalty. -(4) “Motor carrier” means a registered owner, lessee, licensee, or bailee of a commercial motor vehicle, as set forth in subdivision (b) of Section 15210 of the Vehicle Code, that operates or directs the operation of a commercial motor vehicle on a for-hire or not-for-hire basis to perform port drayage services. -(5) “Port” means any sea or river port located in this state. -(6) “Program” means the Motor Carrier Employer Amnesty Program established by this section and as provided by Article 8.6 (commencing with Section 1160) of Chapter 4 of Part 1 of Division 1 of the Unemployment Insurance Code. -(c) (1) A motor carrier shall only apply to participate in the program by doing all of the following: -(A) Submit an application to the Labor Commissioner, on a form provided by the Labor Commissioner. The application shall, at a minimum, require the motor carrier to establish it qualifies as an eligible motor carrier. -(B) Report on the results of a self-audit in accordance with the guidelines provided by the Labor Commissioner. -(2) A motor carrier that voluntarily or as a result of a final disposition in a civil proceeding reclassified its commercial drivers as employees on or before January 1, 2016, shall, in addition to other information requested by the Labor Commissioner, also submit with its application all of the following: -(A) Documentation demonstrating that the motor carrier reclassified its commercial drivers as employees, including the commencement period applicable to the reclassification. -(B) The identification of each commercial driver reclassified in the documents provided in subparagraph (A), the amounts paid to each commercial driver to compensate for the previous misclassification, and the time period applicable to the amount paid to each commercial driver prior to reclassification. -(C) A report of a self-audit for all commercial drivers reclassified by the motor carrier identified in subparagraphs (A) and (B), and also include a separate self-audit report for any commercial driver who is subject to reclassification, but is not identified in subparagraph (B). -(3) A proceeding or action against a motor carrier pursuant to Sections 2698 to 2699.5, inclusive, shall not be initiated after the motor carrier has submitted an application for participation in the program, but may be initiated if the motor carrier’s application is denied. -(4) If a motor carrier’s application to participate the program is denied by the Labor Commissioner, the application or its submission shall not be considered an acknowledgment or admission by the motor carrier that it misclassified its commercial drivers as independent contractors, and the application or its submission shall not be construed in any way to support an evidentiary inference that the motor carrier failed to properly classify its commercial drivers as employees. -(d) The Labor Commissioner shall analyze the information provided pursuant to paragraph (2) of subdivision (c) for the purpose of evaluating the scope of a prior reclassification of an eligible motor carrier’s commercial drivers to employees and has discretionary authority to determine whether the scope was sufficient to afford relief to the misclassified commercial drivers. -(e) Before January 1, 2017, the Labor Commissioner, with the cooperation and consent of the department, may negotiate and execute a settlement agreement with an eligible motor carrier pursuant to the program that applied to participate in the program. The Labor Commissioner shall not execute a settlement agreement on or after January 1, 2017. -(f) Prior to the Labor Commissioner executing a settlement agreement, an eligible motor carrier shall file its contribution returns and report unreported wages and taxes for the time period it seeks relief under the settlement agreement. -(g) A settlement agreement executed by the Labor Commissioner and an eligible motor carrier pursuant to the program shall require an eligible motor carrier to do all of the following: -(1) Pay all wages, benefits, and taxes owed, if any, to or in relation to all of its commercial drivers reclassified from independent contractors to employees for the period of time from the first date of misclassification to the date the settlement agreement is executed, but not exceeding the applicable statute of limitations. -(2) Maintain any converted commercial driver positions as employee positions. -(3) Consent that any future commercial drivers hired to perform the same or similar duties as those employees converted pursuant to the settlement agreement shall be presumed to have employee status and that the eligible motor carrier shall have the burden to prove by clear and convincing evidence that they are not employees in any administrative or judicial proceeding in which their employment status is an issue. -(4) Immediately after the execution of the settlement agreement, secure the workers’ compensation coverage that is legally required for the commercial drivers who were reclassified as employees, effective on or before the date the settlement agreement is executed. -(5) Provide the Labor Commissioner and the department with proof of workers’ compensation insurance coverage in compliance with paragraph (4) within five days of securing the coverage. -(6) Pay the costs authorized by subdivision (h), if required. -(7) Perform any other requirements or provisions the Labor Commissioner and the department deem necessary to carry out the intent of this section, the program, or to enforce the settlement agreement. -(h) A settlement agreement may require an eligible motor carrier to pay the reasonable, actual costs of the Labor Commissioner and the department for their respective review, approval, and compliance monitoring of the settlement agreement. The costs shall be deposited into the Labor Enforcement and Compliance Fund. The portion of the costs attributable to the department shall be transferred to the department upon appropriation by the Legislature. -(i) The settlement agreement may include provisions for an eligible motor carrier to make installment payments of amounts due pursuant to paragraphs (1) and (6) of subdivision (g) in lieu of a full payment. An installment payment agreement shall be included within the settlement agreement and charge interest on the outstanding amounts due at the rate prescribed in Sections 1113 and 1129 of the Unemployment Insurance Code. Interest on amounts due shall be charged from the day after the date the settlement agreement is executed. The settlement agreement shall contain a provision that if a motor carrier fails, without good cause, to fully comply with terms of the settlement agreement authorizing installment payments, the settlement agreement shall be null and void and the total amount of tax, interest, and penalties for the time period covered by the settlement agreement shall be immediately due and payable. -(j) The Labor Commissioner and the department may share any information necessary to carry out the program. Sharing information pursuant to this subdivision shall not constitute a waiver of any applicable confidentiality requirements and the party receiving the information shall be subject to any existing confidentiality requirements for that information. -(k) (1) Notwithstanding any other law and pursuant to the program, an eligible motor carrier that executed and performed its obligations pursuant to a settlement agreement shall not be liable, and the Labor Commissioner or the department shall not enforce, any civil or statutory penalties, including, but not limited to, remedies available under subdivision (e) of Section 226, that might have become due and payable for the time period covered by the settlement agreement, except for the following penalties: -(A) A penalty charged under Section 1128 of the Unemployment Insurance Code that is final on the date of the settlement agreement is executed, unless the penalty is reversed by the California Unemployment Insurance Appeals Board. -(B) A penalty for an amount an eligible motor carrier admitted was based on fraud or made with the intent to evade the reporting requirements set forth in this division or authorized regulations. -(C) A penalty based on a violation of this division or Division 6 (commencing with Section 13000) and either of the following: -(i) The eligible motor carrier was on notice of a criminal investigation due to a complaint having been filed or by written notice having been mailed to the eligible motor carrier informing the motor carrier that it is under criminal investigation. -(ii) A criminal court proceeding has already been initiated against the eligible motor carrier. -(2) (A) Notwithstanding any other law and pursuant to the program, an eligible motor carrier that executed and performed its obligations pursuant to a settlement agreement shall not be liable, and the Labor Commissioner or the department shall not enforce, any unpaid penalties, and interest owed on unpaid penalties, on or before the date the settlement agreement was executed, pursuant to Sections 1112.5, 1126, and 1127 of the Unemployment Insurance Code for the tax reporting periods for which the settlement agreement is applicable, that are owed as a result of the nonpayment of tax liabilities due to the misclassification of one or more commercial drivers as independent contractors and the reclassification of these commercial drivers as employees, except that penalties, and interest owed on penalties, established as a result of an assessment issued by the department before the date the settlement agreement was executed shall not be waived pursuant to the program. -(B) For purposes of paragraph (1), state personal income taxes required to be withheld by Section 13020 of the Unemployment Insurance Code and owed by the motor carrier pursuant to Section 13070 of the Unemployment Insurance Code shall not be collected, if the eligible motor carrier issued an information return pursuant to Section 6041A of the Internal Revenue Code reporting payment or if the commercial driver certifies that the state personal tax has been paid or that he or she has reported to the Franchise Tax Board the payment against which the state personal income tax would have been imposed. -(3) A refund or credit for any penalty or interest paid prior to the date an eligible motor carrier applied to participate in the program shall not be granted. -(4) Except for violations described in Section 2119 of the Unemployment Insurance Code, the department shall not bring a criminal action for failing to report tax liabilities against an eligible motor carrier that executed and performed its obligations pursuant to a settlement agreement for the tax reporting periods subject to the settlement agreement. -(l) The statute of limitations on any claim or liability that might have been asserted against a motor carrier based on the motor carrier having misclassified a commercial driver as an independent contractor shall be tolled from the date a motor carrier applies for participation in the program through the date the Labor Commissioner either denies the motor carrier participation in the program or the motor carrier, as an eligible motor carrier, has failed to perform an obligation under the settlement agreement, whichever is later. -(m) The recovery obtained by the Labor Commissioner on behalf of a reclassified commercial driver pursuant to a settlement agreement shall be tendered to the commercial driver on the condition that the commercial driver shall execute a release of all claims the commercial driver may have against the eligible motor carrier based on the eligible motor carrier’s failure to classify the commercial driver as an employee. A commercial driver shall not be under any obligation to accept the terms of a settlement agreement. If a commercial driver declines to accept the terms of a settlement agreement, the commercial driver shall not be bound by the settlement agreement, except that the eligible motor carrier shall still reclassify the commercial driver as an employee and that commercial driver shall be precluded from pursing a claim for civil penalties or statutory penalties covered by the period of time covered by the settlement agreement. If a commercial driver does not accept the terms of a settlement agreement, the motor carrier shall be excused from performing its requirement under the settlement agreement to pay the amount acknowledged in the settlement agreement to be due to that commercial driver. -(n) (1) If the Labor Commissioner determines an eligible motor carrier violated or failed to perform any of its obligations under a settlement agreement, the Labor Commissioner may file a civil action to enforce the settlement agreement. -(2) (A) If the Labor Commissioner files a civil action seeking only recovery of the amounts due to commercial drivers under the settlement agreement, the Labor Commissioner may obtain judicial enforcement by filing a petition for entry of judgment for the liabilities due and remaining pursuant to the settlement agreement. -(B) After filing a petition pursuant to subparagraph (A), the Labor Commissioner may file an application for an order to show cause and serve it on the eligible motor carrier. Within 60 days of the date the Labor Commissioner filed the order to show cause, the court shall hold a hearing and enter a judgment. The judgment shall be in amounts which are due and owing to commercial drivers pursuant to the settlement agreement with credits, if any, for applicable payments the eligible motor carrier made under the settlement agreement. A judgment entered pursuant to this paragraph shall not preclude subsequent action to recover civil penalties or statutory penalties by the Labor Commissioner, or by an employee pursuant to Section 2698 to 2699.5, inclusive. -(3) If the court determines in any action filed by the Labor Commissioner that a motor carrier has violated or otherwise failed to perform any of its obligations under a settlement agreement, the court shall award the Labor Commissioner costs and reasonable attorney’s fees. -SEC. 2. -Article 8.6 (commencing with Section 1160) is added to Chapter 4 of Part 1 of Division 1 of the Unemployment Insurance Code, to read: -Article 8.6. Motor Carrier Employer Amnesty Program -1160. -(a) The department shall collaborate with the Labor Commissioner to administer the Motor Carrier Employer Amnesty Program established by Section 2750.8 of the Labor Code and as provided by this article. -(b) The definitions set forth in Section 2750.8 of the Labor Code shall apply to this article. -1162. -Commercial drivers who are classified as employees pursuant to a settlement agreement shall be eligible to receive a refund of elective coverage contributions pursuant to Section 708 and may submit a claim for refund pursuant to Section 1178. -1164. -The department may promulgate regulations and take any other actions necessary or appropriate to implement this article and further its participation in the program.","Existing law governs the relationship between an employer and an employee with regard to hiring, promotion, discipline, wages and hours, working conditions, and administrative and judicial remedies. Existing law sets forth guidelines for determining whether a person who performs work for another pursuant to a contract is an employee or an independent contractor. Existing law authorizes the Labor Commissioner to investigate employee complaints and to conduct a hearing in any action to recover wages, penalties, and other demands for compensation. -This bill would establish the Motor Carrier Employer Amnesty Program pursuant to which, notwithstanding any law, a motor carrier performing drayage services may be relieved of liability for statutory or civil penalties associated with misclassification of commercial drivers as independent contractors if the motor carrier enters into a settlement agreement with the Labor Commissioner, with the cooperation and consent of the Employment Development Department, prior to January 1, 2017, whereby the motor carrier agrees to convert all of its commercial drivers to employees, and the settlement agreement contains prescribed components, including, but not limited to, an agreement by the motor carrier to pay all wages, benefits, and taxes owed, if any. The bill would permit a settlement agreement to contain a provision authorizing the Labor Commissioner and the Employment Development Department to recover from the motor carrier the reasonable, actual costs of the Labor Commissioner and the Employment Development Department for their respective review, approval, and compliance monitoring of that settlement agreement.","An act to add Section 2750.8 to the Labor Code, and to add Article 8.6 (commencing with Section 1160) to Chapter 4 of Part 1 of Division 1 of the Unemployment Insurance Code, relating to employment." -569,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares the following: -(a) Prescription and over-the-counter (OTC) drugs are, after marijuana and alcohol, the most commonly abused substances by Americans over 14 years of age. -(b) Over two million people in the United States suffer from substance use disorders related to prescription opioid pain relievers. -(c) More people die from overdoses of prescription opioid pain relievers than from all other drugs combined, including heroin and cocaine. -(d) Prescription opioid pain relievers can have effects similar to heroin when taken in doses or in ways other than prescribed, and research now suggests that abuse of these drugs may lead to heroin abuse. -(e) Prescription opioid pain relievers can be particularly dangerous when snorted, injected, or combined with other drugs or alcohol. -SEC. 2. -Section 4069 is added to the Business and Professions Code, to read: -4069. -(a) A pharmacist shall inform a patient receiving an opioid analgesic drug product on proper storage and disposal of the drug. -This information may be included as part of the oral consultation required under Section 1707.2 of Title 17 of the California Code of Regulations. -The board shall adopt regulations to implement this section. -(b) For purposes of this section, “opioid analgesic drug product” has the same meaning as defined in Section 1367.217 of the Health and Safety Code. -SEC. 3. -Section 1367.217 is added to the Health and Safety Code, to read: -1367.217. -(a) Where an abuse-deterrent opioid analgesic drug product is available, a health care service plan shall not require the use of opioid analgesic drug products without the abuse-deterrent properties in order to access abuse-deterrent opioid analgesic drug products. -(b) This section shall not be construed to prevent a health care service plan from applying prior authorization requirements to abuse-deterrent opioid analgesic drug products, provided that those same requirements are applied to versions of those opioid analgesic drug products without the abuse-deterrent properties. -(c) A health care service plan shall allow a provider to prescribe, and if otherwise covered, shall provide coverage for, a less than 30-day supply of an opioid analgesic drug product. -(d) For purposes of this section, the following definitions shall apply: -(1) “Abuse-deterrent opioid analgesic drug product” means a brand or generic opioid analgesic drug product approved by the federal Food and Drug Administration with abuse-deterrence labeling claims that indicate the drug product is expected to result in a meaningful reduction in abuse. -(2) “Opioid analgesic drug product” means a drug product in the opioid analgesic drug class that is prescribed to treat moderate to severe pain or other conditions, whether in immediate release or extended release or long-acting form and whether or not combined with other drug substances to form a single drug product or dosage form. -SEC. 4. -Section 10123.203 is added to the Insurance Code, to read: -10123.203. -(a) Where an abuse-deterrent opioid analgesic drug product is available, an insurer shall not require the use of opioid analgesic drug products without the abuse-deterrent properties in order to access abuse-deterrent opioid analgesic drug products. -(b) This section shall not be construed to prevent an insurer from applying prior authorization requirements to abuse-deterrent opioid analgesic drug products, provided that those same requirements are applied to versions of those opioid analgesic drug products without the abuse-deterrent properties. -(c) An insurer shall allow a provider to prescribe, and if otherwise covered, shall provide coverage for, a less than 30-day supply of an opioid analgesic drug product. -(d) For purposes of this section, the following definitions shall apply: -(1) “Abuse-deterrent opioid analgesic drug product” means a brand or generic opioid analgesic drug product approved by the federal Food and Drug Administration with abuse-deterrence labeling claims that indicate the drug product is expected to result in a meaningful reduction in abuse. -(2) “Opioid analgesic drug product” means a drug product in the opioid analgesic drug class that is prescribed to treat moderate to severe pain or other conditions, whether in immediate release or extended release or long-acting form and whether or not combined with other drug substances to form a single drug product or dosage form. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of that act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. These provisions require specified services and drugs to be covered by the various plans. -This bill would, where an abuse-deterrent opioid analgesic drug product, as defined, is available, prohibit a health care service plan or insurer from requiring the use of opioid analgesic drug products without the abuse-deterrent properties in order to access abuse-deterrent opioid analgesic drug products. The bill would require a health care service plan or insurer to allow a provider to prescribe, and if otherwise covered, to provide coverage for, a less than 30-day supply of an opioid analgesic drug product. Because a willful violation of these requirements with respect to health care service plans would be a crime, this bill would impose a state-mandated local program. -Existing law, the Pharmacy Law, the knowing violation of which is a crime, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy. Existing regulations require a pharmacist to provide oral consultation to his or her patient or the patient’s agent in all care settings upon request or whenever the pharmacist deems it warranted. -This bill would require a pharmacist to inform a patient receiving an opioid analgesic drug product on proper storage and disposal of the drug, and -authorizes this information to be included as part of the required oral consultation. -would require the board to adopt regulations to implement that provision. -Because a violation of this requirement would be a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 4069 to the Business and Professions Code, to add Section 1367.217 to the Health and Safety Code, and to add Section 10123.203 to the Insurance Code, relating to prescription drugs." -570,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11302 of the Business and Professions Code is amended to read: -11302. -For the purpose of applying this part, the following terms, unless otherwise expressly indicated, shall mean and have the following definitions: -(a) “Department” means the Department of Consumer Affairs. -(b) “Appraisal” means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion in a federally related transaction as to the market value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. -The term “appraisal” does not include an opinion given by a real estate licensee or engineer or land surveyor in the ordinary course of his or her business in connection with a function for which a license is required under Chapter 7 (commencing with Section 6700) or Chapter 15 (commencing with Section 8700) of Division 3, or Chapter 3 (commencing with Section 10130) or Chapter 7 (commencing with Section 10500) and the opinion shall not be referred to as an appraisal. This part does not apply to a probate referee acting pursuant to Sections 400 to 408, inclusive, of the Probate Code unless the appraised transaction is federally related. -(c) “Appraisal Foundation” means the Appraisal Foundation that was incorporated as an Illinois not-for-profit corporation on November 30, 1987. -(d) (1) “Appraisal management company” means any person or entity that satisfies all of the following conditions: -(A) Maintains an approved list or lists, containing 11 or more independent contractor appraisers licensed or certified pursuant to this part, or employs 11 or more appraisers licensed or certified pursuant to this part. -(B) Receives requests for appraisals from one or more clients. -(C) For a fee paid by one or more of its clients, delegates appraisal assignments for completion by its independent contractor or employee appraisers. -(2) “Appraisal management company” does not include any of the following, when that person or entity directly contracts with an independent appraiser: -(A) Any bank, credit union, trust company, savings and loan association, or industrial loan company doing business under the authority of, or in accordance with, a license, certificate, or charter issued by the United States or any state, district, territory, or commonwealth of the United States that is authorized to transact business in this state. -(B) Any finance lender or finance broker licensed pursuant to Division 9 (commencing with Section 22000) of the Financial Code, when acting under the authority of that license. -(C) Any residential mortgage lender or residential mortgage servicer licensed pursuant to Division 20 (commencing with Section 50000) of the Financial Code, when acting under the authority of that license. -(D) Any real estate broker licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, when acting under the authority of that license. -(3) “Appraisal management company” does not include any person licensed to practice law in this state who is working with or on behalf of a client of that person in connection with one or more appraisals for that client. -(e) “Appraisal Subcommittee” means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council. -(f) “Controlling person” means one or more of the following: -(1) An officer or director of an appraisal management company, or an individual who holds a 10 percent or greater ownership interest in an appraisal management company. -(2) An individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into a contractual relationship with clients for the performance of appraisal services and that has the authority to enter into agreements with independent appraisers for the completion of appraisals. -(3) An individual who possesses the power to direct or cause the direction of the management or policies of an appraisal management company. -(g) “Director” or “chief” means the Chief of the Bureau of Real Estate Appraisers. -(h) “Federal financial institutions regulatory agency” means the Federal Reserve Board, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Federal Home Loan Bank System, National Credit Union Administration, Consumer Financial Protection Bureau, and any other agency determined by the director to have jurisdiction over transactions subject to this part. -(i) “Federally related real estate appraisal activity” means the act or process of making or performing an appraisal on real estate or real property in a federally related transaction and preparing an appraisal as a result of that activity. -(j) “Federally related transaction” means any real estate-related financial transaction which a federal financial institutions regulatory agency engages in, contracts for or regulates and which requires the services of a state licensed real estate appraiser regulated by this part. This term also includes any transaction identified as such by a federal financial institutions regulatory agency. -(k) “License” means any license, certificate, permit, registration, or other means issued by the bureau authorizing the person to whom it is issued to act pursuant to this part within this state. -(l) “Licensure” means the procedures and requirements a person shall comply with in order to qualify for issuance of a license and includes the issuance of the license. -(m) “Office” or “bureau” means the Bureau of Real Estate Appraisers. -(n) “Registration” means the procedures and requirements with which a person or entity shall comply in order to qualify to conduct business as an appraisal management company. -(o) “State licensed real estate appraiser” is a person who is issued and holds a current valid license under this part. -(p) “Uniform Standards of Professional Appraisal Practice” are the standards of professional appraisal practice established by the Appraisal Foundation for use in a federally related transaction. -(q) “Course provider” means a person or entity that provides educational courses related to professional appraisal practice. -(r) “Nonfederally related real estate appraisal activity” means the act or process of making or performing an appraisal on real estate or real property for any purpose other than a federally related transaction. -(s) “Standard of valuation practice” means any nationally or internationally recognized valuation standard -addressing the credibility of an appraisal or an appraisal review. -approved by the bureau. -SEC. 2. -Section 11319 of the Business and Professions Code is amended to read: -11319. -Notwithstanding any other provision of this code, the following shall apply: -(a) The Uniform Standards of Professional Appraisal Practice constitute the minimum standard of conduct and performance for federally related real estate appraisal activity. -(b) If a licensee also is certified by the Board of Equalization, the licensee shall follow the standards established by the Board of Equalization when fulfilling the licensee’s responsibilities for assessment purposes. -(c) If a licensee is performing a nonfederally related appraisal activity, a standard of valuation practice may be utilized if that practice is disclosed to, and agreed upon, by the client, and if that practice is described in the appraisal. If a licensee utilizes a standard of valuation practice other than the Uniform Standards of Professional Appraisal Practice pursuant to this subdivision, the licensee shall comply with the Ethics, Record Keeping, Competency, and Scope of Work rules of the Uniform Standards of Professional Appraisal Practice contained in the -2014–2015 -2014– -15 -edition of the Uniform Standards of Professional Appraisal Practice.","Existing law, the Real Estate Appraisers’ Licensing and Certification Law, regulates the licensing of real estate appraisers and provides definitions of specified terms that govern the construction of that law. Existing law provides that the Uniform Standards of Professional Appraisal Practice sets forth the minimum standards of conduct and performance for real estate appraisers in any work or service performed that is addressed by those standards. -This bill would instead provide that the Uniform Standards of Professional Appraisal Practice constitutes the minimum standard of conduct and performance for federally related real estate appraisal activity, as defined. The bill would revise existing, and additionally include new, definitions for specified terms for purposes of the Real Estate Appraisers’ Licensing and Certification Law. The bill would also authorize, if a licensee is performing a nonfederally related appraisal activity, a standard of valuation practice, as defined, for a licensee if that practice is disclosed to, and agreed upon, by the client, and if that practice is described in an appraisal, as provided.","An act to amend Sections 11302 and 11319 of the Business and Professions Code, relating to real estate appraisers." -571,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 41320.1 of the Education Code, as amended by Section 34 of Chapter 19 of the Statutes of 2015, is amended to read: -41320.1. -Acceptance by the school district of the apportionments made pursuant to Section 41320 constitutes the agreement by the school district to all of the following conditions: -(a) The Superintendent shall appoint a trustee who has recognized expertise in management and finance and may employ, on a short-term basis, staff necessary to assist the trustee, including, but not limited to, certified public accountants, as follows: -(1) The expenses incurred by the trustee and necessary staff shall be borne by the school district. -(2) The Superintendent shall establish the terms and conditions of the employment, including the remuneration of the trustee. The trustee shall serve at the pleasure of, and report directly to, the Superintendent. -(3) The trustee, and necessary staff, shall serve until the school district has adequate fiscal systems and controls in place, the Superintendent has determined that the school district’s future compliance with the fiscal plan approved for the school district under Section 41320 is probable, and the Superintendent decides to terminate the trustee’s appointment, but in no event for less than three years. The Superintendent shall notify the county superintendent of schools, the Legislature, the Department of Finance, and the Controller no less than 60 days before the time that the Superintendent expects these conditions to be met. -(4) Before the school district repays the loan, including interest, the recipient of the loan shall select an auditor from a list established by the Superintendent and the Controller to conduct an audit of its fiscal systems. If the fiscal systems are deemed to be inadequate, the Superintendent may retain the trustee until the deficiencies are corrected. The cost of this audit and any additional cost of the trustee shall be borne by the school district. -(5) Notwithstanding any other law, all reports submitted to the trustee are public records. -(6) To facilitate the appointment of the trustee and the employment of necessary staff, for purposes of this section, the Superintendent is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. -(7) Notwithstanding any other law, the Superintendent may appoint an employee of the department to act as trustee for up to the duration of the trusteeship. The salary and benefits of that employee shall be established by the Superintendent and paid by the school district. During the time of appointment, the employee is an employee of the school district, but shall remain in the same retirement system under the same plan as if the employee had remained in the department. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the department. The time served in the appointment shall be counted for all purposes as if the employee had served that time in his or her former position with the department. -(b) (1) The trustee appointed by the Superintendent shall monitor and review the operation of the school district. During the period of his or her service, the trustee may stay or rescind an action of the governing board of the school district that, in the judgment of the trustee, may affect the financial condition of the school district. -(2) After the trustee’s period of service, and until the loan is repaid, the county superintendent of schools that has jurisdiction over the school district may stay or rescind an action of the governing board of the school district that, in his or her judgment, may affect the financial condition of the school district. The county superintendent of schools shall notify the Superintendent, within five business days, if he or she stays or rescinds an action of the governing board of the school district. The notice shall include, but not be limited to, both of the following: -(A) A description of the governing board of the school district’s intended action and its financial implications. -(B) The rationale and findings that support the county superintendent of school’s decision to stay or rescind the action of the governing board of the school district. -(3) If the Superintendent is notified by the county superintendent of schools pursuant to paragraph (2), the Superintendent shall report to the Legislature, on or before December 30 of every year, whether the school district is complying with the fiscal plan approved for the school district. -(4) The Superintendent may establish timelines and prescribe formats for reports and other materials to be used by the trustee to monitor and review the operations of the school district. The trustee shall approve or reject all reports and other materials required from the school district as a condition of receiving the apportionment. The Superintendent, upon the recommendation of the trustee, may reduce an apportionment to the school district in an amount up to two hundred dollars ($200) per day for each late or unacceptable report or other material required under this part, and shall report to the Legislature a failure of the school district to comply with the requirements of this section. If the Superintendent determines, at any time, that the fiscal plan approved for the school district under Section 41320 is unsatisfactory, he or she may modify the plan as necessary, and the school district shall comply with the plan as modified. -(c) At the request of the Superintendent, the Controller shall transfer to the department, from an apportionment to which the school district would otherwise have been entitled pursuant to Section 42238.02, as implemented by Section 42238.03, the amount necessary to pay the expenses incurred by the trustee and associated costs incurred by the county superintendent of schools. -(d) For the fiscal year in which the apportionments are disbursed and every year thereafter, the Controller, or his or her designee, shall cause an audit to be conducted of the books and accounts of the school district, in lieu of the audit required by Section 41020. At the Controller’s discretion, the audit may be conducted by the Controller, his or her designee, or an auditor selected by the school district and approved by the Controller. The costs of these audits shall be borne by the school district. These audits shall be required until the Controller determines, in consultation with the Superintendent, that the school district is financially solvent, but in no event earlier than one year following the implementation of the plan or later than the time the apportionment made is repaid, including interest. For an audit conducted by the Controller, or his or her designee, the Controller, the Superintendent, and the school district superintendent, or their respective designees, shall meet before the audit to discuss the terms of the audit and the timeline under which it will proceed. In addition, the Controller shall conduct quality control reviews pursuant to subdivision (c) of Section 14504.2. -(e) For purposes of errors and omissions liability insurance policies, the trustee appointed pursuant to this section is an employee of the local educational agency to which he or she is assigned. For purposes of workers’ compensation benefits, the trustee is an employee of the local educational agency to which he or she is assigned, except that a trustee appointed pursuant to paragraph (7) of subdivision (a) is an employee of the department for those purposes. -(f) Except for an individual appointed by the Superintendent as trustee pursuant to paragraph (7) of subdivision (a), the state-appointed trustee is a member of the State Teachers’ Retirement System, if qualified, for the period of service as trustee, unless the trustee elects in writing not to become a member. A person who is a member or retirant of the State Teachers’ Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the trustee chooses to become a member or is already a member, the trustee shall be placed on the payroll of the school district for the purpose of providing appropriate contributions to the system. The Superintendent may also require that an individual appointed as trustee pursuant to paragraph (7) of subdivision (a) be placed on the payroll of the school district for purposes of remuneration, other benefits, and payroll deductions. For purposes of workers’ compensation benefits, the state-appointed trustee is deemed an employee of the local educational agency to which he or she is assigned, except that a trustee who is appointed pursuant to paragraph (7) of subdivision (a) is an employee of the department for those purposes.","Existing law authorizes the governing board of a school district to request an emergency apportionment through the Superintendent of Public Instruction if the governing board of the school district determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations. Under existing law, if a school district accepts an emergency apportionment, that acceptance constitutes agreement by the school district to numerous conditions, among which is an agreement that the Controller, or his or her designee, or an auditor selected by the school district and approved by the Controller shall conduct an annual audit of the books and accounts of the school district, as specified. This provision requires these audits to continue until the Controller determines, in consultation with the Superintendent, that the school district is financially solvent, but in no event earlier than one year following the implementation of the school district’s fiscal plan or later than the time the apportionment is repaid, including interest. -This bill, for an audit conducted by the Controller, or his or her designee, would require the Controller, the Superintendent, and the school district superintendent, or their respective designees, to meet before the audit to discuss the terms of the audit and the timeline under which it will proceed.","An act to amend Section 41320.1 of the Education Code, relating to school finance." -572,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 9204 is added to the Public Contract Code, to read: -9204. -(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. -(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. -(c) For purposes of this section: -(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: -(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. -(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. -(C) Payment of an amount that is disputed by the public entity. -(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. -(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. -(B) “Public entity” shall not include the following: -(i) The Department of Water Resources as to any project under the jurisdiction of that department. -(ii) The Department of Transportation as to any project under the jurisdiction of that department. -(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. -(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. -(v) The Military Department as to any project under the jurisdiction of that department. -(vi) The Department of General Services as to all other projects. -(vii) The High-Speed Rail Authority. -(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. -(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. -(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. -(B) The claimant shall furnish reasonable documentation to support the claim. -(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. -(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. -(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. -(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. -(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. -(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. -(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. -(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. -(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. -(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. -(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. -(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. -(g) This section applies to contracts entered into on or after January 1, 2017. -(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. -(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 2. -The Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law prescribes various requirements regarding the formation, content, and enforcement of state and local public contracts. Existing law applicable to state public contracts generally requires that the resolution of claims related to those contracts be subject to arbitration. Existing law applicable to local agency contracts prescribes a process for the resolution of claims related to those contracts of $375,000 or less. -This bill would establish, for contracts entered into on or after January 1, 2017, a claim resolution process applicable to any claim by a contractor in connection with a public works project. The bill would define a claim as a separate demand by the contractor for one or more of the following: a time extension for relief from damages or penalties for delay, payment of money or damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed by the public entity, as specified. -This bill would require a public entity, defined to exclude certain state entities, upon receipt of a claim sent by registered or certified mail, to review it and, within 45 days, provide a written statement identifying the disputed and undisputed portions of the claim. The bill would authorize the 45-day period to be extended by mutual agreement. The bill would require any payment due on an undisputed portion of the claim to be processed within 60 days, as specified. The bill would require that the claim be deemed rejected in its entirety if the public entity fails to issue the written statement. -This bill would authorize, if the claimant disputes the public entity’s written response or if the public entity fails to respond to a claim within the time prescribed, the claimant to demand to meet and confer for settlement of the issues in dispute. The bill would require any disputed portion of the claim that remains in dispute after the meet and confer conference to be subject to nonbinding mediation, as specified. The bill would provide that unpaid claim amounts accrue interest at 7% per annum. The bill would prescribe a procedure by which a subcontractor or lower tier contractor may make a claim through the contractor. -This bill would require the text of these provisions, or a summary, to be set forth in the plans or specifications for any public work which may give rise to a claim. The bill would specify that a waiver of these rights is void and contrary to public policy, except as specified. The bill would also specify that it does not impose liability on a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. -By increasing the duties of local agencies and officials, this bill would impose a state-mandated local program. -This bill would, on January 1, 2020, repeal the provision establishing the claim resolution process. -This bill would specify that these provisions constitute a matter of statewide concern. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add and repeal Section 9204 of the Public Contract Code, relating to public contracts." -573,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4430 of the Business and Professions Code is amended to read: -4430. -For purposes of this chapter, the following definitions shall apply: -(a) “Carrier” means a health care service plan, as defined in Section 1345 of the Health and Safety Code, or a health insurer that issues policies of health insurance, as defined in Section 106 of the Insurance Code. -(b) “Clerical or recordkeeping error” includes a typographical error, scrivener’s error, or computer error in a required document or record. -(c) “Extrapolation” means the practice of inferring a frequency or dollar amount of overpayments, underpayments, nonvalid claims, or other errors on any portion of claims submitted, based on the frequency or dollar amount of overpayments, underpayments, nonvalid claims, or other errors actually measured in a sample of claims. -(d) “Health benefit plan” means any plan or program that provides, arranges, pays for, or reimburses the cost of health benefits. “Health benefit plan” includes, but is not limited to, a health care service plan contract issued by a health care service plan, as defined in Section 1345 of the Health and Safety Code, and a policy of health insurance, as defined in Section 106 of the Insurance Code, issued by a health insurer. -(e) “Maximum allowable cost” means the maximum amount that a pharmacy benefit manager will reimburse a pharmacy for the cost of a drug. -(f) “Maximum allowable cost list” means a list of drugs for which a maximum allowable cost has been established by a pharmacy benefit manager. -(g) “Obsolete” means a drug that may be listed in national drug pricing compendia but is no longer available to be dispensed based on the expiration date of the last lot manufactured. -(h) “Pharmacy” has the same meaning as provided in Section 4037. -(i) “Pharmacy audit” means an audit, either onsite or remotely, of any records of a pharmacy conducted by or on behalf of a carrier or a pharmacy benefits manager, or a representative thereof, for prescription drugs that were dispensed by that pharmacy to beneficiaries of a health benefit plan pursuant to a contract with the health benefit plan or the issuer or administrator thereof. “Pharmacy audit” does not include a concurrent review or desk audit that occurs within three business days of transmission of a claim, or a concurrent review or desk audit where no chargeback or recoupment is demanded. -(j) “Pharmacy benefit manager” means a person, business, or other entity that, pursuant to a contract or under an employment relationship with a carrier, health benefit plan sponsor, or other third-party payer, either directly or through an intermediary, manages the prescription drug coverage provided by the carrier, plan sponsor, or other third-party payer, including, but not limited to, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to prescription drug coverage, contracting with network pharmacies, and controlling the cost of covered prescription drugs. -SEC. 2. -Section 4432 of the Business and Professions Code is amended to read: -4432. -Notwithstanding any other law, a contract that is issued, amended, or renewed on or after January 1, 2013, between a pharmacy and a carrier or a pharmacy benefit manager to provide pharmacy services to beneficiaries of a health benefit plan shall comply with the provisions of this chapter. This chapter shall not apply to contracts authorized by Section 4600.2 of the Labor Code. -SEC. 3. -Section 4440 is added to the Business and Professions Code, immediately following Section 4439, to read: -4440. -(a) A pharmacy benefit manager that reimburses a contracting pharmacy for a drug on a maximum allowable cost basis shall comply with this section. -(b) A pharmacy benefit manager shall include in a contract, initially entered into, or renewed on its scheduled renewal date, on or after January 1, 2016, with the contracting pharmacy information identifying any national drug pricing compendia or other data sources used to determine the maximum allowable cost for the drugs on a maximum allowable cost list. -(c) A pharmacy benefit manager shall make available to a contracting pharmacy, upon request, the most up-to-date maximum allowable cost list or lists used by the pharmacy benefit manager for patients served by that pharmacy in a readily accessible, secure, and usable Web-based format or other comparable format. -(d) A drug shall not be included on a maximum allowable cost list or reimbursed on a maximum allowable cost basis unless all of the following apply: -(1) The drug is listed as “A” or “B” rated in the most recent version of the federal Food and Drug Administration’s approved drug products with therapeutic equivalent evaluations, also known as the Orange Book, or has an “NA,” “NR,” or “Z” rating or a similar rating by a nationally recognized pricing reference, such as Medi-Span or First DataBank. -(2) The drug is generally available for purchase in the state from a national or regional wholesaler. -(3) The drug is not obsolete. -(e) For contracts initially entered into, or renewed on the scheduled renewal date, on or after January 1, 2016, a pharmacy benefit manager shall review and shall make necessary adjustments to the maximum allowable cost of each drug on a maximum allowable cost list using the most recent data sources available at least once every seven days. -(f) For contracts initially entered into, or renewed on the scheduled renewal date, on or after January 1, 2016, a pharmacy benefit manager shall have a clearly defined process for a contracting pharmacy to appeal the maximum allowable cost for a drug on a maximum allowable cost list that includes all of the following: -(1) A contracting pharmacy may base its appeal on either of the following: -(A) The maximum allowable cost for a drug is below the cost at which the drug is available for purchase by similarly situated pharmacies in the state from a national or regional wholesaler. -(B) The drug does not meet the requirements of subdivision (d). -(2) A contracting pharmacy shall be provided no less than 14 business days following receipt of payment for the claim upon which the appeal is based to file an appeal with a pharmacy benefit manager. The pharmacy benefit manager shall make a final determination regarding a contracting pharmacy’s appeal within seven business days of the pharmacy benefit manager’s receipt of the appeal. -(3) If an appeal is denied by a pharmacy benefit manager, the pharmacy benefit manager shall provide to the contracting pharmacy the reason for the denial and the national drug code (NDC) of an equivalent drug that may be purchased by a similarly situated pharmacy at the price that is equal to or less than the maximum allowable cost of the appealed drug. -(4) If an appeal is upheld by a pharmacy benefit manager, the pharmacy benefit manager shall adjust the maximum allowable cost of the appealed drug for the appealing contracting pharmacy and all similarly situated contracting pharmacies in the state within one calendar day of the date of determination. The pharmacy benefit manager shall permit the appealing pharmacy to reverse and resubmit the claim upon which the appeal was based in order to receive the corrected reimbursement. -(g) A contracting pharmacy shall not disclose to any third party the maximum allowable cost list and any related information it receives either directly from a pharmacy benefit manager or through a pharmacy services administrative organization or similar entity with which the contracting pharmacy has a contract to provide administrative services for that pharmacy.","Existing law imposes specified requirements on an audit of pharmacy services provided to beneficiaries of a health benefit plan, and defines certain terms for its purposes, including, among others, pharmacy benefit manager. -This bill would exempt certain contracts governing the medicines and medical supplies that are required to be provided to injured employees in workers’ compensation cases from these requirements. The bill would also require a pharmacy benefit manager that reimburses a contracting pharmacy for a drug on a maximum allowable cost basis to include in a contract, initially entered into, or renewed on its scheduled renewal date, on or after January 1, 2016, information identifying any national drug pricing compendia or other data sources used to determine the maximum allowable cost for the drugs on a maximum allowable cost list and to provide for an appeal process for the contracting pharmacy, as specified. The bill would also require a pharmacy benefit manager to make available to a contracting pharmacy, upon request, the most up-to-date maximum allowable cost list or lists used by the pharmacy benefit manager for patients served by the pharmacy in a readily accessible, secure, and usable Web-based format or other comparable format. The bill would prohibit a drug from being included on a maximum allowable cost list or from being reimbursed on a maximum allowable cost basis unless certain requirements are met, including, but not limited to, that the drug is not obsolete.","An act to amend Sections 4430 and 4432 of, and to add Section 4440 to, the Business and Professions Code, relating to pharmacy benefit managers." -574,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25250.1 of the Health and Safety Code is amended to read: -25250.1. -(a) As used in this article, the following terms have the following meaning: -(1) (A) “Used oil” means all of the following: -(i) Oil that has been refined from crude oil, or any synthetic -oil, -oil from any source, -that has been used, and, as a result of use or as a consequence of extended storage, or spillage, has been contaminated with physical or chemical impurities. -(ii) Material that is subject to regulation as used oil under Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. -(B) Examples of used oil are spent lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; industrial oils, including compressor, turbine, and bearing oil; hydraulic oil; metalworking oil; refrigeration oil; and railroad drainings. -(C) “Used oil” does not include any of the following: -(i) Oil that has a flashpoint below 100 degrees Fahrenheit or that has been mixed with hazardous waste, other than minimal amounts of vehicle fuel. -(ii) (I) Wastewater, the discharge of which is subject to regulation under either Section 307(b) (33 U.S.C. Sec. 1317(b)) or Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), including wastewaters at facilities that have eliminated the discharge of wastewater, contaminated with de minimis quantities of used oil. -(II) For purposes of this clause, “de minimis quantities of used oil” are small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations, or small amounts of oil lost to the wastewater treatment system during washing or draining operations. -(III) This exception does not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases or to used oil recovered from wastewaters. -(iii) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products. -(iv) Oil that contains polychlorinated biphenyls (PCBs) at a concentration of 5 ppm or greater. -(v) (I) Oil containing more than 1000 ppm total halogens, which shall be presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D (commencing with Section 261.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. -(II) A person may rebut the presumption specified in subclause (I) by demonstrating that the used oil does not contain hazardous waste, including, but not limited to, in the manner specified in subclause (III). -(III) The presumption specified in subclause (I) is rebutted if it is demonstrated that the used oil that is the source of total halogens at a concentration of more than 1000 ppm is solely either household waste, as defined in Section 261.4(b)(1) of Title 40 of the Code of Federal Regulations, or is collected from conditionally exempt small quantity generators, as defined in Section 261.5 of Title 40 of the Code of Federal Regulations. Nothing in this subclause authorizes any person to violate the prohibition specified in Section 25250.7. -(2) “Board” means the California Integrated Waste Management Board. -(3) (A) “Recycled oil” means any oil that meets all of the following requirements specified in clauses (i) to (iii), inclusive: -(i) Is produced either solely from used oil, or is produced solely from used oil that has been mixed with one or more contaminated petroleum products or oily wastes, other than wastes listed as hazardous under the federal act, provided that if the resultant mixture is subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations, the mixture is managed as a hazardous waste in accordance with all applicable hazardous waste regulations, and the recycled oil produced from the mixture is not subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations. If the oily wastes with which the used oil is mixed were recovered from a unit treating hazardous wastes that are not oily wastes, these recovered oily wastes are not excluded from being considered as oily wastes for purposes of this section or Section 25250.7. -(ii)The recycled oil meets one of the following requirements: -(I) The recycled oil is produced by a generator lawfully recycling its oil. -(II) The recycled oil is produced at a used oil recycling facility that is authorized to operate pursuant to Section 25200 or 25200.5 solely by means of one or more processes specifically authorized by the department. The department may not authorize a used oil recycling facility to use a process in which used oil is mixed with one or more contaminated petroleum products or oily wastes unless the department determines that the process to be authorized for mixing used oil with those products or wastes will not substantially contribute to the achievement of compliance with the specifications of subparagraph (B). -(III) The recycled oil is produced in another state, and the used oil recycling facility where the recycled oil is produced, and the process by which the recycled oil is produced, are authorized by the agency authorized to implement the federal act in that state. -(iii) Has been prepared for reuse and meets all of the following standards: -(I) The oil meets the standards of purity set forth in subparagraph (B). -(II) If the oil was produced by a generator lawfully recycling its oil or the oil is lawfully produced in another state, the oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B). -(III) The oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. -(IV) The oil is not subject to regulation as a hazardous waste under the federal act. -(V) If the oil was produced lawfully at a used oil recycling facility in this state, the oil is not hazardous pursuant to any characteristic or constituent for which the department has made the finding required by subparagraph (B) of paragraph (2) of subdivision (a) of Section 25250.19, except for one of the characteristics or constituents identified in the standards of purity set forth in subparagraph (B). -(B) The following standards of purity are in effect for recycled oil, in liquid form, unless the department, by regulation, establishes more stringent standards: -(i) Flashpoint: minimum standards set by the American Society for Testing and Materials for the recycled products. However, recycled oil to be burned for energy recovery shall have a minimum flashpoint of 100 degrees Fahrenheit. -(ii) Total lead: 50 mg/kg or less. -(iii) Total arsenic: 5 mg/kg or less. -(iv) Total chromium: 10 mg/kg or less. -(v) Total cadmium: 2 mg/kg or less. -(vi) Total halogens: 3000 mg/kg or less. However, recycled oil shall be demonstrated by testing to contain not more than 1000 mg/kg total halogens listed in Appendix VIII of Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. -(vii) Total polychlorinated biphenyls (PCBs): less than 2 mg/kg. -(C) Compliance with the specifications of subparagraph (B) or with the requirements of clauses (iv) and (v) of subparagraph (B) of paragraph (1) shall not be met by blending or diluting used oil with crude or virgin oil, or with a contaminated petroleum product or oily waste, except as provided in subclause (II) of clause (ii) of subparagraph (A), and shall be determined in accordance with the procedures for identification and listing of hazardous waste adopted in regulations by the department. Persons authorized by the department to recycle oil shall maintain records of volumes and characteristics of incoming used oil and outgoing recycled oil and documentation concerning the recycling technology utilized to demonstrate to the satisfaction of the department or other enforcement agencies that the recycling has been achieved in compliance with this subdivision. -(D) This paragraph does not apply to oil that is to be disposed of or used in a manner constituting disposal. -(4) “Used oil recycling facility” means a facility that reprocesses or re-refines used oil. -(5) “Used oil storage facility” means a storage facility, as defined in subdivision (b) of Section 25123.3, that stores used oil. -(6) “Used oil transfer facility” means a transfer facility, as defined in subdivision (a) of Section 25123.3, that meets the qualifications to be a storage facility, for purposes of Section 25123.3. -(7) (A) For purposes of this section and Section 25250.7 only, “contaminated petroleum product” means a product that meets all of the following conditions: -(i) It is a hydrocarbon product whose original intended purpose was to be used as a fuel, lubricant, or solvent. -(ii) It has not been used for its original intended purpose. -(iii) It is not listed in Subpart D (commencing with Section 251.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. -(iv) It has not been mixed with a hazardous waste other than another contaminated petroleum product. -(B) Nothing in this section or Section 25250.7 shall be construed to affect the exemptions in Section 25250.3, or to subject contaminated petroleum products that are not hazardous waste to any requirements of this chapter. -(b) Unless otherwise specified, used oil that meets either of the following conditions is not subject to regulation by the department: -(1) The used oil has not been treated by the generator of the used oil, the generator claims the used oil is exempt from regulation by the department, and the used oil meets all of the following conditions: -(A) The used oil meets the standards set forth in subparagraph (B) of paragraph (3) of subdivision (a). -(B) The used oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B) of paragraph (3) of subdivision (a). -(C) The used oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations. -(D) The used oil is not subject to regulation as either hazardous waste or used oil under the federal act. -(E) The generator of the used oil has complied with the notification requirements of subdivision (c) and the testing and recordkeeping requirements of Section 25250.19. -(F) The used oil is not disposed of or used in a manner constituting disposal. -(2) The used oil meets all the requirements for recycled oil specified in paragraph (3) of subdivision (a), the requirements of subdivision (c), and the requirements of Section 25250.19. -(c) Used oil recycling facilities and generators lawfully recycling their own used oil that are the first to claim that recycled oil meets the requirements specified in paragraph (2) of subdivision (b) shall maintain an operating log and copies of certification forms, as specified in Section 25250.19. Any person who generates used oil, and who claims that the used oil is exempt from regulation pursuant to paragraph (1) of subdivision (b), shall notify the department, in writing, of that claim and shall comply with the testing and recordkeeping requirements of Section 25250.19 prior to its reuse. In any action to enforce this article, the burden is on the generator or recycling facility, whichever first claimed that the used oil or recycled oil meets the standards and criteria, and on the transporter or the user of the used oil or recycled oil, whichever has possession, to prove that the oil meets those standards and criteria. -(d) Used oil shall be managed in accordance with the requirements of this chapter and any additional applicable requirements of Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.","Existing law authorizes the Department of Toxic Substances Control to regulate the disposal of hazardous waste, including used oil, and, for those purposes, defines “used oil” to mean oil that has been refined from crude oil, or any synthetic oil, that has been used, and, as a result of use or as a consequence of extended storage, or spillage, has been contaminated with physical or chemical impurities. -This bill would clarify that the synthetic oil referred to in the definition of “used oil” may be from any source.","An act to amend Section 25250.1 of the Health and Safety Code, relating to used oil." -575,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1363 of the Government Code is amended to read: -1363. -(a) Unless otherwise provided, every oath of office certified by the officer before whom it was taken shall be filed within the time required as follows: -(1) The oath of all officers whose authority is not limited to any particular county, in the office of the Secretary of State. -(2) The oath of all officers elected or appointed for any county, and, except as provided in paragraph (4), of all officers whose duties are local, or whose residence in any particular county is prescribed by law, in the office of the county clerk of their respective counties. -(3) Each judge of a superior court, the county clerk, the clerk of the court, the executive officer or court administrator of the superior court, and the recorder shall file a copy of his or her official oath, signed with his or her own proper signature, in the office of the Secretary of State as soon as he or she has taken and subscribed his or her oath. -(4) The oath of all officers for any independent special district, as defined in Section 56044, in the office of the clerk or secretary of that district. -(b) (1) In its discretion, the board of supervisors of a county may require every elected or appointed officer or department head of that county who legally changes his or her name, delegated authority, or department, within 10 days from the date of the change, to file a new oath of office in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this paragraph is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7). -(2) Notwithstanding any other law, including, but not limited to, Sections 1368 and 1369, failure of an elected or appointed officer or department head of a county to file a new oath of office required by the board of supervisors pursuant to this subdivision shall not be punishable as a crime. -(c) Every oath of office filed pursuant to this section with the Secretary of State shall include the expiration date of the officer’s term of office, if any. In the case of an oath of office for an appointed officer, if there is no expiration date set forth in the oath, or the officer leaves office before the expiration date, the appointing authority shall report in writing to the Secretary of State the officer’s date of departure from office. -(d) The powers of an appointed officer of a county are no longer granted upon the officer’s departure from office. In its discretion, the board of supervisors of a county may require the appointing authority to rescind these powers in writing by filing a revocation in the same manner as the oath of office was filed. -SEC. 2. -Section 3105 of the Government Code is amended to read: -3105. -(a) The oath or affirmation of any disaster service worker of the state shall be filed as prescribed by State Personnel Board rule within 30 days of the date on which it is taken and subscribed. -(b) The oath or affirmation of any disaster service worker of any county shall be filed in the office of the county clerk of the county or in the official department personnel file of the county employee who is designated as a disaster service worker. -(c) The oath or affirmation of any disaster service worker of any city shall be filed in the office of the city clerk of the city. -(d) The oath or affirmation of any disaster service worker of any other public agency, including any district, shall be filed with any officer or employee of the agency that may be designated by the agency. -(e) (1) In its discretion, the board of supervisors of a county may require every disaster service worker of that county who legally changes his or her name, within 10 days from the date of the change, to file a new oath or affirmation in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this paragraph is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7). -(2) Notwithstanding any other law, including, but not limited to, Sections 3108 and 3109, failure of a disaster service worker to file a new oath of office required by the board of supervisors pursuant to this subdivision shall not be punishable as a crime. -(f) The oath or affirmation of any disaster service worker may be destroyed without duplication five years after the termination of the disaster service worker’s service or, in the case of a public employee, five years after the termination of the employee’s employment. -SEC. 3. -Section 24102 of the Government Code is amended to read: -24102. -(a) An appointee shall not act as deputy until: -(1) A written appointment by the deputy’s principal is filed with the county clerk. -(2) A copy of the appointment is filed with the county auditor, if the auditor has so requested. -(3) The deputy has taken the oath of office. -(b) In its discretion, the board of supervisors of a county may require every appointed deputy of that county who legally changes his or her name, delegated authority, or department, within 10 days from the date of the change, to file a new appointment in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this subdivision is a public record subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). -(c) A revocation of the appointment of any deputy shall be made and filed in the same manner as the appointment. -(d) Five years after the date of revocation of appointment of a deputy, the written oath of office subscribed to by such deputy may be destroyed and no reproduction thereof need be made or preserved. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The California Constitution requires Members of the Legislature, and all public officers and employees, to take and subscribe a specified oath of office or affirmation. The California Constitution permits inferior officers and employees to be exempted by law from this requirement. Existing law, in the case of particular officers, requires the oath, after being administered, to be filed in designated offices. -This bill would authorize a county board of supervisors to require a new oath or affirmation to be filed within 10 days of a legal change in name, delegated authority, or department by an officer or department head of that county. The bill would authorize the county to maintain a record, subject to disclosure under the California Public Records Act, of each person so required to file a new oath of office, indicating whether or not the person has complied. The bill would specify that failure to comply with this requirement for a new oath or affirmation is not punishable as a crime. This bill would specify that the powers of an appointed officer of a county are no longer granted upon the officer’s departure from office, and would authorize a county board of supervisors to require the appointing authority to rescind these powers in writing by filing a revocation in the same manner as the oath of office was filed. -Existing law requires the oath or affirmation of disaster service workers to be filed in designated offices. -This bill would authorize a county board of supervisors to require a new oath or affirmation to be filed within 10 days of a change in legal name by a disaster service worker of that county. The bill would authorize the county to maintain a record, subject to disclosure under the California Public Records Act, of each person so required to file a new oath of office, indicating whether or not the person has complied. The bill would specify that failure to comply with this requirement for a new oath or affirmation is not punishable as a crime. -Existing law requires the written appointment of a deputy of a county official to be filed as specified. -This bill would authorize a county board of supervisors to require a new appointment to be filed within 10 days of a legal change in name, delegated authority, or department by an appointed deputy of that county. The bill would authorize the county to maintain a record, subject to disclosure under the California Public Records Act, of each person so required to file a new oath of office, indicating whether or not the person has complied. -Violating an oath or affirmation is a crime. Because this bill would expand the scope of an existing crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 1363, 3105, and 24102 of the Government Code, relating to public employment." -576,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 21628 of the Business and Professions Code is amended to read: -21628. -(a) Every secondhand dealer or coin dealer described in Section 21626 shall report daily, or on the first working day after receipt or purchase of secondhand tangible personal property, on forms or through an electronic reporting system approved by the Department of Justice, all secondhand tangible personal property, except for firearms, which he or she has purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning, to the chief of police or to the sheriff, in accordance with the provisions of Sections 21630 and 21633 and subdivision (d). The report shall be legible, prepared in English, completed where applicable, and include, but not be limited to, the following information: -(1) The name and current address of the intended seller or pledger of the property. -(2) The identification of the intended seller or pledger. The identification of the seller or pledger of the property shall be verified by the person taking the information, who may use technology, including, but not limited to, cameras or software, or both, to obtain information and verify identity remotely. The verification shall be valid if the person taking the information reasonably relies on any one of the following documents, provided that the document is currently valid or has been issued within five years and contains a photograph or description, or both, of the person named on it, and, where applicable, is signed by the person, and bears a serial or other identifying number: -(A) A passport of the United States. -(B) A driver’s license issued by any state or Canada. -(C) An identification card issued by any state. -(D) An identification card issued by the United States. -(E) A passport from any other country in addition to another item of identification bearing an address. -(F) A Matricula Consular in addition to another item of identification bearing an address. -(3) (A) A complete and reasonably accurate description of serialized property, including, but not limited to, the following: serial number and other identifying marks or symbols, owner-applied numbers, manufacturer’s named brand, and model name or number. Watches need not be disassembled when special skill or special tools are required to obtain the required information, unless specifically requested to do so by a peace officer. A special tool does not include a penknife, caseknife, or similar instrument and disassembling a watch with a penknife, caseknife, or similar instrument does not constitute a special skill. In all instances where the required information may be obtained by removal of a watchband, then the watchband shall be removed. The cost associated with opening the watch shall be borne by the pawnbroker, secondhand dealer, or customer. -(B) In the case of the receipt or purchase of a handheld electronic device by a secondhand dealer, the serial number reported pursuant to subparagraph (A) may be the International Mobile Station Equipment Identity (IMEI), the mobile equipment identifier (MEID), or other unique identifying number assigned to that device by the device manufacturer. If none of these identifying numbers are available by the time period required for reporting pursuant to this subdivision, the report shall be updated with the IMEI, MEID, or other unique identifying number assigned to that device by the device manufacturer as soon as reasonably possible but no later than 10 working days after receipt or purchase of the handheld electronic device. -(C) For the purpose of this paragraph, “handheld electronic device” means any portable device that is capable of creating, receiving, accessing, or storing electronic data or communications and includes, but is not limited to, a cellular phone, smartphone, or tablet. -(4) A complete and reasonably accurate description of nonserialized property, including, but not limited to, the following: size, color, material, manufacturer’s pattern name (when known), owner-applied numbers and personalized inscriptions, and other identifying marks or symbols. Watches need not be disassembled when special skill or special tools are required to obtain the required information, unless specifically requested to do so by a peace officer. A special tool does not include a penknife, caseknife, or similar instrument and disassembling a watch with a penknife, caseknife, or similar instrument does not constitute a special skill. In all instances where the required information may be obtained by removal of a watchband, then the watchband shall be removed. The cost associated with opening the watch shall be borne by the pawnbroker, secondhand dealer, or customer. -(5) A certification by the intended seller or pledger that he or she is the owner of the property or has the authority of the owner to sell or pledge the property. -(6) A certification by the intended seller or pledger that to his or her knowledge and belief the information is true and complete. -(7) A legible fingerprint taken from the intended seller or pledger, as prescribed by the Department of Justice. This requirement does not apply to a coin dealer, unless required pursuant to local regulation. -(b) (1) When a secondhand dealer complies with all of the provisions of this section, he or she shall be deemed to have received from the seller or pledger adequate evidence of authority to sell or pledge the property for all purposes included in this article, and Division 8 (commencing with Section 21000) of the Financial Code. -(2) In enacting this subdivision, it is the intent of the Legislature that its provisions shall not adversely affect the implementation of, or prosecution under, any provision of the Penal Code. -(c) Any person who conducts business as a secondhand dealer at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, outside the jurisdiction that issued the secondhand dealer license in accordance with subdivision (d) of Section 21641, may be required to submit a duplicate of the transaction report prepared pursuant to this section to the local law enforcement agency where the gun show or event is conducted. -(d) (1) The Department of Justice shall, in consultation with appropriate local law enforcement agencies, develop clear and comprehensive descriptive categories denoting tangible personal property, as detailed in this section, subject to the reporting requirements of this section. These categories shall be incorporated by secondhand dealers and coin dealers described in Section 21626 for purposes of the reporting requirements set forth herein. -(2) With the consultation by the Department of Justice with local law enforcement agencies and representatives from the secondhand dealer businesses, pursuant to Resolution Chapter 16 of the Statutes of 2010, and upon the availability of sufficient funds in the Secondhand Dealer and Pawnbroker Fund created pursuant to Section 21642.5, the department shall promptly develop a single, statewide, uniform electronic reporting system to be used to transmit these secondhand dealer reports. -(3) (A) Except as otherwise provided in this section, any report required of a secondhand dealer shall be transmitted by electronic means. -(B) Until the date that the Department of Justice implements the single, statewide, uniform electronic reporting system described in paragraph (2), each secondhand dealer may continue to report the information required by this section under the reporting categories described in paragraph (1) in paper format on forms approved of or provided by the Department of Justice. -(C) On and after the date that the Department of Justice implements the single, statewide, uniform electronic reporting system described in paragraph (2), each secondhand dealer shall electronically report using that system the information required by this section under the reporting categories described in paragraph (2), except that for the first 30 days following the implementation date, each secondhand dealer shall also report the information in paper format as described in subparagraph (B). -(4) A coin dealer shall report the information required by this section under the reporting categories described in paragraph (1) on a form developed by the Attorney General that the coin dealer shall transmit each day by facsimile transmission or by mail to the chief of police or sheriff. A transaction shall consist of not more than one item. -(5) For purposes of this subdivision, “item” shall mean any single physical article. However, with respect to a commonly accepted grouping of articles that are purchased as a set, including, but not limited to, a pair of earrings or place settings of china, silverware, or other tableware, “item” shall mean that commonly accepted grouping. -(6) Nothing in this subdivision shall be construed as excepting a secondhand dealer from the fingerprinting requirement of paragraph (7) of subdivision (a). -(e) Nothing in this section shall be construed to exempt a person licensed as a firearms dealer pursuant to Sections 26700 to 26915, inclusive, of the Penal Code from the reporting requirements for the delivery of firearms pursuant to Sections 26700 to 26915, inclusive, of the Penal Code. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides for the regulation of secondhand dealers, as defined. Existing law makes it unlawful for a person to engage in the business of a secondhand dealer without a license issued by the chief of police, the sheriff, or, where appropriate, the police commission. Existing law requires a secondhand dealer or coin dealer, as defined, to report, as specified, to the chief of police or sheriff all secondhand “tangible personal property,” as defined, purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning. Existing law requires the report to include, among other things, the identification of the intended seller or pledger of the property, verified by the person taking the information by reasonably relying on specified documents, and a complete and reasonably accurate description of serialized property, including, but not limited to, the serial number of that property. A violation of these provisions where a person knows or should have known that a violation was being committed is a misdemeanor. -This bill would permit the person verifying the identification of the seller or pledger to use technology to obtain information and verify identity remotely. The bill would authorize specified unique identifying numbers to be used as the serial number reported for handheld electronic devices, as defined, and would require the report to the chief of police or sheriff to be updated within 10 days with these unique identifying numbers if they were not available when the report was submitted. -Because a violation of this requirement under certain circumstances would be a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 21628 of the Business and Professions Code, relating to business." -577,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 881 of the Probate Code, as added by Assembly Bill 691 of the 2015–16 Regular Session, is amended to read -: -881. -(a) Not later than 60 days after receipt of the information required under Section Sections 876 to Section 879, inclusive, a custodian shall comply with a request under this part from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply with a request, the fiduciary or designated recipient may apply to the court for an order directing compliance. -(b) An order under subdivision (a) directing compliance shall contain a finding that compliance is not in violation of Section 2702 of Title 18 of the United States Code. -(c) A custodian may notify a user that a request for disclosure of digital assets or to terminate an account was made pursuant to this part. -(d) A custodian may deny a request under this part from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the date of death of the user. -(e) This part does not limit a custodian’s ability to obtain or to require a fiduciary or designated recipient requesting disclosure or account termination under this part to obtain a court order that makes all of the following findings: -(1) The account belongs to the decedent, principal, or trustee. -(2) There is sufficient consent from the decedent, principal, or settlor to support the requested disclosure. -(3) Any specific factual finding required by any other applicable law in effect at that time, including, but not limited to, a finding that disclosure is not in violation of Section 2702 of Title 18 of the Untied United States Code. -(f) -(1) -A custodian and its officers, employees, and agents are immune from liability for an act -(c)Membership lists on the open market are of substantial value, particularly to unscrupulous parties that prey upon time-share owners. -(d)Legislation is needed to protect the privacy of time-share owners. -SEC. 2. -Section 11273 of the -Business and Professions Code -is amended to read: -11273. -(a)Except as provided in subdivision (e), the books of account, minutes of members and governing body meetings, and all other records of the time-share plan maintained by the association or the managing entity shall be made available for inspection and copying by any member, or by his or her duly appointed representative, at any reasonable time for a purpose reasonably related to membership in the association. -(b)The records shall be made available for inspection at the office where the records are maintained. Upon receipt of an authenticated written request from a member along with the fee prescribed by the governing body to defray the costs of reproduction, the managing entity or other custodian of records of the association or the time-share plan shall prepare and transmit to the member a copy of any and all records requested. -(c)The governing body shall establish reasonable rules with respect to all of the following: -(1)Notice to be given to the managing entity or other custodian of the records by the member desiring to make the inspection or to obtain copies. -(2)Hours and days of the week when a personal inspection of the records may be made. -(3)Payment of the cost of reproducing copies of records requested by a member. -(d)Every governing body member shall have the absolute right at any time to inspect all books, records, and documents of the association and all real and personal properties owned and controlled by the association. -(e)(1)The association shall maintain among its records a complete list of the names and mailing addresses of all owners of time-share interests in the time-share plan. The association shall update this list no less frequently than every six months. The association shall not publish this list or provide a copy of it to any third party, or use or sell the list for commercial purposes. The association shall provide a copy of the list to a member for a purpose reasonably related to membership in the association. However, notwithstanding this requirement, if the association reasonably believes that the recipient of the list will use the list for another purpose or provide a copy or disclose the contents to another party, the association shall refuse to provide the member a copy of the list. -(2)(A)If an owner of a time-share interest in the time-share plan makes a request to the association to communicate by mail with the membership of the association for a purpose reasonably related to membership in the association, and the board of administration of the association or the managing entity determines that the mailing pertains to a purpose reasonably related to membership in the association, the requested mailing shall be made within 30 days after receipt of a request and payment by the owner of actual costs in accordance with subparagraph (B). If the board or managing entity determines that the requested mailing does not pertain to a purpose reasonably related to membership in the association, the board or the managing entity shall, within 30 days after receipt of the request, notify the requesting owner in writing and shall indicate the reasons for the rejection. -(B)The owner who requests the mailing shall pay the association in advance for the association’s actual costs in performing the mailing. The association shall make a good faith effort to minimize the costs of the mailing, including the use of a less expensive delivery method, including electronic delivery. -(C)If the board of administration or managing entity does not distribute the requested communication within 30 days after receipt of a request from an owner and payment of actual costs, the superior court in the county where the time-share plan is located may, upon application from the requesting owner, summarily order the distribution of the requested communication. To the extent possible, the superior court shall dispose of an application on an expedited basis. In the event the court orders the distribution of the requested communication, it may order the board or managing entity to pay the owner’s costs, including attorney’s fees reasonably incurred to enforce the owner’s rights, unless the board or the managing entity can prove it refused to distribute the communication in good faith because of a reasonable belief that the requested communication did not pertain to a purpose reasonably related to membership in the association. -(D)It is unlawful for the board of administration of the association or managing entity to refuse to distribute a communication requested by an owner if the requested communication would address a purpose reasonably related to membership in the association. -(3)Section 8330 of the Corporations Code shall not apply to time-share associations under this chapter. -(f)For single site time-share plans and component sites of a multisite time-share plan located outside of the state, the association shall be subject to the provisions set forth in this section. The association must be in compliance with the applicable laws of the state or jurisdiction in which the time-share property or component site is located, and if a conflict exists between laws of the situs state and the requirements set forth in this section, the law of the situs state shall control. If the association and the time-share instruments provide for the matters contained in this section, the association shall be deemed to be in compliance with the requirements of this section and neither the developer nor the association shall be required to make revisions to the time-share instruments in order to comply with the section.","Existing law provides for the disposition of a testator’s property by will. Existing law also provides for the disposition of that portion of a decedent’s estate not disposed of by will. Existing law provides that the decedent’s property, including property devised by a will, is generally subject to probate administration, except as specified. -AB 691 of the 2015–16 Regular Session would enact the Revised Uniform Fiduciary Access to Digital Assets Act, which would authorize a decedent’s personal representative or trustee to access and manage digital assets and electronic communications, as specified. Among other provisions, AB 691 would provide that a custodian of digital assets, and its officers, employees, and agents, are immune from liability for an act or omission done in good faith and in compliance with the act. -This bill would specify that this immunity does not apply in a case of gross negligence or willful or wanton misconduct. The bill would become operative only if AB 691 is enacted prior to the enactment of this bill. -The Vacation Ownership and Time-share Act of 2004 requires all records of a time-share plan maintained by a time-share association to be made available for inspection and copying by any member for a purpose reasonably related to membership in the association. Existing law requires the time-share association to maintain among its records a complete list of the names and addresses of all owners of time-share interests in the time-share plan, as specified. Existing law prohibits an association from publishing the owners list or providing a copy of it to any time-share interest owner or to any 3rd party or using or selling the list for commercial purposes, except as provided in the time-share instruments. -This bill would require the owner addresses in the list to be mailing addresses, and would prohibit the association from publishing the list or providing a copy of it to any 3rd party or using or selling the list for commercial purposes. The bill would require the association to provide a copy of the list to an owner for a purpose reasonably related to membership in the association, except as specified. The bill would require, if a time-share interest owner makes a request to communicate by mail with the membership of the association for a purpose reasonably related to membership in the association, the communication to be made within 30 days of receipt of the request and payment of actual costs in performing the mailing. The bill would require, if the purpose is not reasonably related, the board of administration of the association or the managing entity to notify the requesting owner of the rejection. The bill would authorize a court to summarily order the distribution of the requested communication if it is not distributed within 30 days after receipt of a request from an owner and payment of actual costs. The bill would also specify that certain provisions of the Nonprofit Mutual Benefit Corporation Law pertaining to the list of names, addresses, and voting rights of members of a nonprofit mutual benefit corporation do not apply to time-share associations under the Vacation Ownership and Time-share Act of 2004.","An act to amend -Section 11273 of the Business and Professions Code, relating to time-shares. -Section 881 of the Probate Code, as added by Assembly Bill 691 of the 2015– -16 Regular Session, relating to estates." -578,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 67380 of the Education Code is amended to read: -67380. -(a) Except as provided in subparagraph (C) of paragraph (6), the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance shall do all of the following: -(1) Require the appropriate officials at each campus within their respective jurisdictions to compile records of both of the following: -(A) All occurrences reported to campus police, campus security personnel, or campus safety authorities of, and arrests for, crimes that are committed on campus and that involve violence, hate violence, theft, destruction of property, illegal drugs, or alcohol intoxication. -(B) All occurrences of noncriminal acts of hate violence reported to, and for which a written report is prepared by, designated campus authorities. -(2) Require any written record of a noncriminal act of hate violence to include, but not be limited to, the following: -(A) A description of the act of hate violence. -(B) Victim characteristics. -(C) Offender characteristics, if known. -(3) (A) Make the information concerning the crimes compiled pursuant to subparagraph (A) of paragraph (1) available within two business days following the request of any student or employee of, or applicant for admission to, any campus within their respective jurisdictions, or to the media, unless the information is the type of information exempt from disclosure pursuant to subdivision (f) of Section 6254 of the Government Code, in which case the information is not required to be disclosed. Notwithstanding subdivision (f) of Section 6254 of the Government Code, the name or any other personally identifying information of a victim of any crime defined by Section 243.4, 261, 262, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, 289, 422.6, 422.7, or 422.75 of the Penal Code shall not be disclosed without the permission of the victim, or the victim’s parent or guardian if the victim is a minor. -(B) For purposes of this paragraph and subparagraph (A) of paragraph (1), the campus police, campus security personnel, and campus safety authorities described in subparagraph (A) of paragraph (1) shall be included within the meaning of “state or local police agency” and “state and local law enforcement agency,” as those terms are used in subdivision (f) of Section 6254 of the Government Code. -(4) Require the appropriate officials at each campus within their respective jurisdictions to prepare, prominently post, and copy for distribution on request, a campus safety plan that sets forth all of the following: the availability and location of security personnel, methods for summoning assistance of security personnel, any special safeguards that have been established for particular facilities or activities, any actions taken in the preceding 18 months to increase safety, and any changes in safety precautions expected to be made during the next 24 months. For purposes of this section, posting and distribution may be accomplished by including relevant safety information in a student handbook or brochure that is made generally available to students. -(5) Require the appropriate officials at each campus within their respective jurisdictions to report information compiled pursuant to paragraph (1) relating to hate violence to the governing board, trustees, board of directors, or regents, as the case may be. The governing board, trustees, board of directors, or regents, as the case may be, shall, upon collection of that information from all of the campuses within their jurisdiction, transmit a report containing a compilation of that information to the Legislative Analyst’s Office no later than January 1 of each year and shall make the report available to the general public on the Internet Web site of each respective institution. It is the intent of the Legislature that the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance establish guidelines for identifying and reporting occurrences of hate violence. It is the intent of the Legislature that the guidelines established by these institutions of higher education be as consistent with each other as possible. These guidelines shall be developed in consultation with the Department of Fair Employment and Housing and the California Association of Human Relations Organizations. -(6) (A) Notwithstanding subdivision (f) of Section 6254 of the Government Code, require any report made by a victim or an employee pursuant to Section 67383 of a Part 1 violent crime, sexual assault, or hate crime, as described in Section 422.55 of the Penal Code, received by a campus security authority and made by the victim for purposes of notifying the institution or law enforcement, to be immediately, or as soon as practicably possible, disclosed to the local law enforcement agency with which the institution has a written agreement pursuant to Section 67381 without identifying the victim, unless the victim consents to being identified after the victim has been informed of his or her right to have his or her personally identifying information withheld. If the victim does not consent to being identified, the alleged assailant shall not be identified in the information disclosed to the local law enforcement agency, unless the institution determines both of the following, in which case the institution shall disclose the identity of the alleged assailant to the local law enforcement agency and shall immediately inform the victim of that disclosure: -(i) The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution. -(ii) The immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant. -(B) The requirements of this paragraph shall not constitute a waiver of, or exception to, any law providing for the confidentiality of information. -(C) This paragraph applies only as a condition for participation in the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42. -(b) Any person who is refused information required to be made available pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may maintain a civil action for damages against any institution that refuses to provide the information, and the court shall award that person an amount not to exceed one thousand dollars ($1,000) if the court finds that the institution refused to provide the information. -(c) For purposes of this section: -(1) “Hate violence” means any act of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence, that is directed against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, sex, sexual orientation, gender identity, gender expression, disability, or political or religious beliefs of that person or group. -(2) “Part 1 violent crime” means willful homicide, forcible rape, robbery, or aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation. -(3) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these. -(d) This section does not apply to the governing board of a private postsecondary educational institution receiving funds for student financial assistance with a full-time enrollment of less than 1,000 students. -(e) This section shall apply to a campus of one of the public postsecondary educational systems identified in subdivision (a) only if that campus has a full-time equivalent enrollment of more than 1,000 students. -(f) Notwithstanding any other provision of this section, this section shall not apply to the California Community Colleges unless and until the Legislature makes funds available to the California Community Colleges for the purposes of this section.","Existing law requires the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, the Regents of the University of California, and the governing boards of postsecondary educational institutions receiving public funds for student financial assistance to require the appropriate officials at each campus to compile records of specified crimes and noncriminal acts reported to campus police, campus security personnel, campus safety authorities, or designated campus authorities. Existing law requires, as a condition of participation in a specified financial aid program, any report by a victim of a Part 1 violent crime, sexual assault, or hate crime, as defined, received by a campus security authority and made by the victim for purposes of notifying the institution or law enforcement, to be immediately, or as soon as practicably possible, disclosed to the appropriate local law enforcement agency without identifying the victim, unless the victim consents to being identified after the victim has been informed of his or her right to have his or her personally identifying information withheld. Existing law prohibits this report to a local law enforcement agency from identifying the alleged assailant if the victim does not consent to being identified. -This bill would authorize the identification of the alleged assailant, even if the victim does not consent to being identified, if the institution determines both that the alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution, and that the immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant. In that case, the bill would require the institution, as a condition of participation in the financial aid program, to disclose the identity of the alleged assailant to the local law enforcement agency and to immediately inform the victim of that disclosure. -This bill also would make conforming and nonsubstantive changes.","An act to amend Section 67380 of the Education Code, relating to postsecondary education." -579,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25218.1 of the Health and Safety Code is amended to read: -25218.1. -For purposes of this article, the following terms have the following meanings: -(a) “Conditionally exempt small quantity generator” or “CESQG” means a business concern that meets the criteria specified in Section 261.5 of Title 40 of the Code of Federal Regulations. -(b) “Curbside household hazardous waste collection program” means a collection service authorized by a public agency that is operated in accordance with Section 25163 and subdivision (d) of Section 25218.5 and that collects one or more of the following types of household hazardous waste: -(1) Latex paint. -(2) Used oil. -(3) Used oil filters. -(4) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department. -(c) “Door-to-door household hazardous waste collection program” or “household hazardous waste residential pickup service” means a household hazardous waste service that meets all of the following requirements: -(1) The program or service is operated by a public agency or its contractor. -(2) The program or service is operated in accordance with subdivision (e) of Section 25218.5. -(3) (A) The program or service collects household hazardous waste from individual residences and transports that waste in an inspected and certified hazardous waste transport vehicle operated by a registered hazardous waste -transporter, -transporter -to either of the following: -(i) An authorized household hazardous waste collection facility. -(ii) A hazardous waste facility, as defined in Section 66260.10 of Title 22 of the California Code of Regulations. -(B) Clause (ii) of subparagraph (A) shall become inoperative on and after January 1, 2020. -(d) “Household” means a single detached residence or a single unit of a multiple residence unit and all appurtenant structures. -(e) “Household hazardous waste” means hazardous waste generated incidental to owning or maintaining a place of residence. Household hazardous waste does not include waste generated in the course of operating a business concern at a residence. -(f) “Household hazardous waste collection facility” means a facility operated by a public agency, or its contractor, for the purpose of collecting, handling, treating, storing, recycling, or disposing of household hazardous waste, and its operation may include accepting hazardous waste from conditionally exempt small quantity generators if that acceptance is authorized pursuant to Section 25218.3. Household hazardous waste collection facilities include permanent household hazardous waste collection facilities, as defined in subdivision (h), temporary household hazardous waste collection facilities, as defined in subdivision (p), recycle-only household hazardous waste collection facilities, as defined in subdivision (n), curbside household hazardous waste collection programs, as defined in subdivision (b), door-to-door household hazardous waste collection -program -programs -or household hazardous waste residential pickup -service -services -, as defined in subdivision (c), and mobile household hazardous waste collection facilities, as defined in subdivision (g). -(g) “Mobile household hazardous waste collection facility” means a portable structure within which a household hazardous waste collection facility is operated and that meets all of the following conditions: -(1) The facility is operated not more than four times in any one calendar year at the same location. -(2) The facility is operated not more than three consecutive weeks within a two-month period at the same location. -(3) Upon -the -termination of operations, all equipment, materials, and waste are removed from the site within 144 hours. -(h) “Permanent household hazardous waste collection facility” means a permanent or semipermanent structure at a fixed location that meets both of the following conditions: -(1) The facility is operated at the same location on a continuous, regular schedule. -(2) The hazardous waste stored at the facility is removed within one year after collection. -(i) “Public agency” means a state or federal agency, county, city, or district. -(j) “Quality assurance plan” means a written protocol prepared by a public agency that is designed to ensure that reusable household hazardous products or materials, as defined in subdivision (o), that are collected by a household hazardous waste collection program are evaluated to verify that product containers, contents, and labels are as they originated from the products’ manufacturers. The public agency or a person authorized by the public agency, as defined in subdivision (k), shall design the protocol to ensure, using its best efforts with the resources generally available to the public agency, or the person authorized by the public agency, that products selected for distribution are appropriately labeled, uncontaminated, and appear to be as they originated from the product manufacturers. A quality assurance plan shall identify specific procedures for evaluating each container placed in a recycling or exchange program. The quality assurance plan shall also identify those products that shall not be accepted for distribution in a recycling or exchange program. Unacceptable products may include, but are not limited to, banned or unregistered agricultural waste, as defined in subdivision (a) of Section 25207.1, and products containing polychlorinated biphenyls (PCB), asbestos, or dioxin. -(k) “Person authorized by the public agency” means an employee of a public agency or a person from whom services are contracted by the public agency. -(l) “Recipient” means a person who accepts a reusable household hazardous product or material at a household hazardous waste collection facility operating pursuant to this article. -(m) “Recyclable household hazardous waste material” means any of the following: -(1) Latex paint. -(2) Used oil. -(3) Used oil filters. -(4) Antifreeze. -(5) Spent lead-acid batteries. -(6) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department, except a universal waste for which the department determines, by regulation, that there is no readily available authorized recycling facility capable of accepting and recycling that waste. -(n) “Recycle-only household hazardous waste collection facility” means a household hazardous waste collection facility that is operated in accordance with Section 25218.8 and accepts for recycling only recyclable household hazardous waste materials. -(o) “Reusable household hazardous product or material” means a container of household hazardous product, or a container of hazardous material generated by a conditionally exempt small quantity generator, that has been received by a household hazardous waste collection facility operating pursuant to this article and that is offered for distribution in a materials exchange program to a recipient, as defined in subdivision (l), in accordance with a quality assurance plan, as defined in subdivision (j). -(p) “Temporary household hazardous waste collection facility” means a household hazardous waste collection facility that meets both of the following conditions: -(1) The facility is operated not more than once for a period of not more than two days in any one month at the same location. -(2) Upon termination of operations, all equipment, materials, and waste are removed from the site within 144 hours.","Existing law authorizes public agencies to operate household hazardous waste collection facilities, as defined, and specifies conditions for the transportation of household hazardous waste. -This bill would make nonsubstantive changes to the definitions pertaining to those provisions.","An act to amend Section 25218.1 of the Health and Safety Code, relating to household hazardous waste." -580,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 117748 is added to the Health and Safety Code, to read: -117748. -“Pharmaceutical incinerator” means a treatment device that solely incinerates pharmaceutical waste, as defined in Section 117690, that renders the pharmaceutical waste as solid waste. -SEC. 2. -Section 118215 of the Health and Safety Code is amended to read: -118215. -(a) Except as provided in subdivisions (b) and (c), a person generating or treating medical waste shall ensure that the medical waste is treated by one of the following methods, thereby rendering it solid waste, as defined in Section 40191 of the Public Resources Code, prior to disposal: -(1) (A) Incineration at a permitted medical waste treatment facility in a controlled-air, multichamber incinerator, or other method of incineration approved by the department which provides complete combustion of the waste into carbonized or mineralized ash. -(B) Treatment with an alternative technology approved pursuant to paragraph (3), which, due to the extremely high temperatures of treatment in excess of 1300 degrees Fahrenheit, has received express approval from the department. -(2) Steam sterilization at a permitted medical waste treatment facility or by other sterilization, in accordance with all of the following operating procedures for steam sterilizers or other sterilization: -(A) Standard written operating procedures shall be established for biological indicators, or for other indicators of adequate sterilization approved by the department, for each steam sterilizer, including time, temperature, pressure, type of waste, type of container, closure on container, pattern of loading, water content, and maximum load quantity. -(B) Recording or indicating thermometers shall be checked during each complete cycle to ensure the attainment of 121° Centigrade (250° Fahrenheit) for at least one-half hour, depending on the quantity and density of the load, to achieve sterilization of the entire load. Thermometers, thermocouples, or other monitoring devices identified in the facility operating plan shall be checked for calibration annually. Records of the calibration checks shall be maintained as part of the facility’s files and records for a period of two years or for the period specified in the regulations. -(C) Heat-sensitive tape, or another method acceptable to the enforcement agency, shall be used on each biohazard bag or sharps container that is processed onsite to indicate that the waste went through heat treatment. If the biohazard bags or sharps containers are placed in a large liner bag within the autoclave for treatment, heat-sensitive tape or another method acceptable to the enforcement agency only needs to be placed on the liner bag and not on every hazardous waste bag or sharps container being treated. -(D) The biological indicator Geobacillus stearothermophilus, or other indicator of adequate sterilization as approved by the department, shall be placed at the center of a load processed under standard operating conditions at least monthly to confirm the attainment of adequate sterilization conditions. -(E) Records of the procedures specified in subparagraphs (A), (B), and (D) shall be maintained for a period of not less than two years. -(3) (A) Other alternative medical waste treatment methods which are both of the following: -(i) Approved by the department. -(ii) Result in the destruction of pathogenic micro-organisms. -(B) Any alternative medical waste treatment method proposed to the department shall be evaluated by the department and either approved or rejected pursuant to the criteria specified in this subdivision. -(C) Any alternative medical waste treatment solely designed to treat pharmaceutical waste, including a pharmaceutical incinerator, shall be evaluated and approved by the department with regard to the necessary treatment of pharmaceuticals. By June 1, 2017, the department shall complete the first evaluation -and approval -of these alternative medical waste treatments, including a pharmaceutical incinerator. -In evaluating any alternative medical waste treatment, the department shall consult with the State Water Resources Control Board, the Department of Toxic Substances Control, the State Air Resources Board, and local air quality management districts to ensure compliance with all other applicable environmental quality laws prior to approval of the alternative medical waste treatment. -(b) Fluid blood or fluid blood products may be discharged to a public sewage system without treatment if its discharge is consistent with waste discharge requirements placed on the public sewage system by the California regional water quality control board with jurisdiction. -(c) (1) A medical waste that is a biohazardous laboratory waste, as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 117690, may be treated by a chemical disinfection if the waste is liquid or semiliquid and the chemical disinfection method is recognized by the National Institutes of Health, the Centers for Disease Control and Prevention, or the American Biological Safety Association, and if the use of chemical disinfection as a treatment method is identified in the site’s medical waste management plan. -(2) If the waste is not treated by chemical disinfection, in accordance with paragraph (1), the waste shall be treated by one of the methods specified in subdivision (a). -(3) Following treatment by chemical disinfection, the medical waste may be discharged to the public sewage system if the discharge is consistent with waste discharge requirements placed on the public sewage system by the California regional water control board, and the discharge is in compliance with the requirements imposed by the owner or operator of the public sewage system. If the chemical disinfection of the medical waste causes the waste to become a hazardous waste, the waste shall be managed in accordance with the requirements of Chapter 6.5 (commencing with Section 25100) of Division 20. -SEC. 3. -Section 118217 is added to the Health and Safety Code, to read: -118217. -A law enforcement agency that operates a prescription drug takeback program may utilize up to four times per year a pharmaceutical incinerator that is evaluated and approved by the department pursuant to Section -118215. -118215 and that complies with all other applicable federal and state laws and local ordinances.","Existing law, the Medical Waste Management Act, regulates the disposal of medical waste, including requiring medical waste to be treated by specified methods prior to disposal, including incineration in a controlled-air, multichamber incinerator, or other method of incineration approved by the State Department of Public Health that provides complete combustion of the waste into carbonized or mineralized ash. -This bill would include among those authorized treatment methods any alternative medical waste treatment solely designed to treat pharmaceutical waste, including a pharmaceutical incinerator, as defined, and would require this method to be evaluated and approved by the State Department of Public Health. The bill would require the department to complete the first evaluation -and approval -of these alternative medical waste treatments -solely designed to treat pharmaceutical waste, including a pharmaceutical incinerator, -by June 1, -2017. -2017, and would require the department to consult with specified entities, including the Department of Toxic Substances Control and the State Air Resources Board, in the evaluation to ensure compliance with all other applicable environmental quality laws. -The bill would authorize a law enforcement agency that operates a prescription drug takeback program to utilize a pharmaceutical incinerator up to 4 times per year if the incinerator is evaluated and approved by the -department. -department and complies with all other applicable federal and state laws and local ordinances.","An act to amend Section 118215 of, and to add Sections 117748 and 118217 to, the Health and Safety Code, relating to medical waste." -581,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 53075.5 of the Government Code is amended to read: -53075.5. -(a) Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code, every city or county shall protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab transportation service rendered in vehicles designed for carrying not more than eight persons, excluding the driver, which is operated within the jurisdiction of the city or county. -(b) Each city or county shall provide for, but is not limited to providing for, the following: -(1) A policy for entry into the business of providing taxicab transportation service. The policy shall include, but need not be limited to, all of the following provisions: -(A) Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all of the requirements of the program adopted pursuant to paragraph (3), shall be a condition of issuance of a driver’s permit. -(B) The driver’s permit shall become void upon termination of employment. -(C) The driver’s permit shall state the name of the employer. -(D) The employer shall notify the city or county upon termination of employment. -(E) The driver shall return the permit to the city or county upon termination of employment. -(2) The establishment or registration of rates for the provision of taxicab transportation service. -(3) (A) A mandatory controlled substance and alcohol testing certification program. The program shall include, but need not be limited to, all of the following requirements: -(i) Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of permit renewal or, if no periodic permit renewals are required, at such other times as the city or county shall designate. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent. -(ii) Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California driver’s license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and followup testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations. -(iii) A test in one jurisdiction shall be accepted as meeting the same requirement in any other jurisdiction. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in that jurisdiction or any other jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing. -(iv) In the case of a self-employed independent driver, the test results shall be reported directly to the city or county, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing transportation operator, who may be required to notify the city or county of positive results. -(v) All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law. -(vi) Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Employing transportation operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and followup testing. -(vii) Upon the request of a driver applying for a permit, the city or county shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city or county knows offer tests in or near the jurisdiction. -(B) No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances. -(c) Each city or county may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services pursuant to this section. -(d) Nothing in this section prohibits a city or county from adopting additional requirements for a taxicab to operate in its jurisdiction. -(e) For purposes of this section, “employment” includes self-employment as an independent driver. -(f) This section shall not apply to a city or county, other than the City and County of San Francisco, on the date upon which the Director of Finance notifies the Speaker of the Assembly and the President pro Tempore of the Senate of the completion of the state reorganization of transportation duties from the Public Utilities Commission to other agencies, if taxicab transportation services are included in the reorganization. -SEC. 2. -Section 53075.71 is added to the Government Code, to read: -53075.71. -(a) Notwithstanding any other law, taxicab transportation services and taxicab drivers shall be subject to rules or regulations adopted by a city or a county as those rules or regulations existed on July 1, 2016, except as follows: -(1) Service charges, fees, or assessments levied on a taxicab company shall not exceed the amount in effect on July 1, 2016. No new or additional service charges, fees, or assessments shall be created. -(2) Fees for the issuance of taxi driver permits shall not exceed seventy-five dollars ($75) annually. -(3) A city or county shall not limit or prohibit prearranged trips, originated through dispatch, Internet Web site, or online-enabled application, by a licensed taxicab. -(4) A city or county may limit the number of taxicab companies or vehicles that use taxi stand areas, pick up passengers at airports, or pick up street hails. -(5) A city or county may set a maximum fare structure for taxicab transportation services, subject to the following: -(A) The maximum fares shall not be lower than the fares that existed on July 1, 2016. -(B) A city or county shall not limit the ability of a taxicab transportation service to offer fares lower than the maximum fare structure. -(6) A city or county shall not regulate the type of device used by a taxicab company to calculate fares, including the use of global positioning system metering as a form of calculating fares. Taxicab companies shall disclose fares, fees, or rates to the customer before the customer accepts the ride so that the customer can make a knowledgeable decision. A taxicab company may disclose fares, fees, or rates on its Internet Web site or cellular telephone application. -(7) Local rules and regulations adopted prior to July 1, 2016, that ensure adequate service levels to all areas of a city’s or county’s jurisdiction and promote use of taxicab transportation services by individuals covered under the Americans with Disabilities Act of 1990 (Public Law 101-336) shall remain in effect. -(b) Subdivision (a) applies to a charter city or a charter county, other than the City and County of San Francisco. -SEC. 3. -Section 53075.72 is added to the Government Code, to read: -53075.72. -It is the intent of the Legislature that: -(a) Regulation of taxicab transportation services shall be modernized in order for taxicabs to better compete with all for-hire modes of transportation. -(b) Taxicab regulation shall be moved from the patchwork of various local requirements to one state agency to coincide with the Governor’s reorganization of transportation. -(c) Duties and responsibilities for the regulation of taxicab transportation services shall be established by state departments within the agency that handles all other modes of for-hire transportation. -(d) The Governor shall propose the specific budget and statutory changes needed to establish duties and responsibilities to the agency that handles all other modes of for-hire transportation. -(e) Conforming changes shall be made to this code and other codes. -(f) A city or county shall not impose any rule or regulation governing taxicab transportation services that is inconsistent with or in addition to the requirements established by state departments within the agency that handles all other modes of for-hire transportation. -SEC. 4. -The Legislature finds and declares that taxicabs face a substantial competitive disadvantage due to the numerous and differing requirements from city to city while all other modes of for-hire transportation are regulated by one statewide entity, and, therefore, the regulation of taxicab transportation services and taxicab drivers is an issue of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act shall apply to charter cities and charter counties. -SEC. 5. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique medallion system of the City and County of San Francisco. -SEC. 6. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires every city or county to adopt an ordinance or resolution in regard to taxicab transportation service and requires each city or county to provide for a policy for entry into the business of providing taxicab transportation service, establishment or registration of rates for the provision of taxicab transportation service, and a mandatory controlled substance and alcohol testing certification program for drivers, as specified. -This bill would make those provisions inapplicable to a city or county, other than the City and County of San Francisco, on the date upon which the Director of Finance notifies the Speaker of the Assembly and the President pro Tempore of the Senate of the completion of a state reorganization of transportation duties from the Public Utilities Commission to other agencies, if taxicab transportation services are included in the reorganization. The bill would require taxicab transportation services and taxicab drivers to be subject to rules or regulations adopted by cities and counties as they existed on July 1, 2016, except for requirements specified in the bill that would apply to cities and counties, including charter cities and counties, other than the City and County of San Francisco. By imposing new duties on local governments, this bill would impose a state-mandated local program. The bill would declare that its provisions are a matter of statewide concern and not a municipal affair. The bill would declare the intent of the Legislature that, among other things, regulation of taxicab transportation services shall be modernized and moved to one state agency. -This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 53075.5 of, and to add Sections 53075.71 and 53075.72 to, the Government Code, relating to transportation." -582,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature that the County of Sacramento notify and consult with the Amador County Transportation Commission, the Counties of Amador, Calaveras, and Alpine, the Cities of Plymouth, Amador City, Sutter Creek, and Jackson, and other relevant parties about any proposed relinquishment of Route 16 to the County of Sacramento as provided in this act. -SEC. 2. -Section 316 of the Streets and Highways Code is amended to read: -316. -(a) Route 16 is from: -(1) Route 20 to Route 5 near Woodland via Rumsey and Woodland. -(2) Route 50 near Perkins to Route 49 near Drytown. -(b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the City of Sacramento the portion of Route 16 that is located within the city limits of that city if the city agrees to accept it. The following conditions shall apply upon relinquishment: -(1) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. -(2) On and after the effective date of the relinquishment, the relinquished portion of Route 16 shall cease to be a state highway. -(3) The portion of Route 16 relinquished under this subdivision shall be ineligible for future adoption under Section 81. -(4) For the portion of Route 16 relinquished under this subdivision, the City of Sacramento shall apply for approval of a business route designation for the relinquished portion of the highway in accordance with Chapter 20, Topic 21, of the Highway Design Manual. -(5) For the portion of Route 16 relinquished under this subdivision, the City of Sacramento shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 16 to the east. -(6) The City of Sacramento shall maintain the Surface Transportation Assistance Act (STAA) truck route designation for the portion of Route 16 relinquished that previously held that designation. -(c) (1) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the County of Sacramento the portion of Route 16 that is within the unincorporated area of the county and between the general easterly city limits of the City of Sacramento, approximately post mile 3.3, and 0.2 miles east of Grant Line Road, approximately post mile 12.7, if the county agrees to accept it. -(2) The following conditions shall apply upon relinquishment: -(A) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. -(B) On and after the effective date of the relinquishment, the relinquished portion of Route 16 shall cease to be a state highway. -(C) The portion of Route 16 relinquished under this subdivision shall be ineligible for future adoption under Section 81. -(D) For the portion of Route 16 relinquished under this subdivision, the County of Sacramento shall apply for approval of a business route designation for the relinquished portion of the highway in accordance with Chapter 20, Topic 21, of the Highway Design Manual. -(E) For the portion of Route 16 relinquished under this subdivision, the County of Sacramento shall install and maintain within its jurisdiction signs directing motorists to the continuation of Route 16 to the east. -(F) The County of Sacramento shall maintain the STAA truck route designation for the portion of Route 16 relinquished that previously held that designation. -(G) The County of Sacramento shall ensure the continuity of traffic flow on the relinquished portion of Route 16 within its jurisdiction, including, but not limited to, any traffic signal progression. -(H) Any relinquishment agreement shall require that the County of Sacramento administer the operation and maintenance of the roadway in a manner that is consistent with professional traffic engineering standards. -(I) Any relinquishment agreement shall require the County of Sacramento to ensure that appropriate traffic studies or analyses will be performed to substantiate decisions affecting traffic on the roadway. -(d) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish to the City of Rancho Cordova the portion of Route 16 that is within the city limits of the city between Sunrise Boulevard, approximately post mile 11.5, and Grant Line Road, approximately post mile 12.5, if the city agrees to accept it. The following conditions shall apply upon relinquishment: -(1) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. -(2) On and after the effective date of the relinquishment, the relinquished portion of Route 16 shall cease to be a state highway. -(3) The portion of Route 16 relinquished under this subdivision shall be ineligible for future adoption under Section 81. -(4) For the portion of Route 16 relinquished under this subdivision, the City of Rancho Cordova shall apply for approval of a business route designation for the relinquished portion of the highway in accordance with Chapter 20, Topic 21, of the Highway Design Manual.","Existing law gives the Department of Transportation full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish certain state highway segments to local agencies. -Existing law authorizes the commission to relinquish to the County of Sacramento the portion of State Highway Route 16 that is located within the unincorporated area of the county, east of the City of Sacramento boundary and west of Watt Avenue, under certain conditions. -This bill would revise this authorization to apply to a specified portion of State Highway Route 16 that is located within the unincorporated area of the county, between the general easterly city limits of the City of Sacramento and near Grant Line Road, and would impose additional conditions on the relinquishment. The bill would state the intent of the Legislature in this regard. -This bill would also authorize the commission to relinquish to the City of Rancho Cordova a specified portion of State Highway Route 16, under certain conditions.","An act to amend Section 316 of the Streets and Highways Code, relating to state highways." -583,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19227 of the Food and Agricultural Code is amended to read: -19227. -(a) In addition to the license fee required pursuant to Section 19225, the department may charge each licensed renderer and collection center an additional fee necessary to cover the reasonable costs of administering Article 6 (commencing with Section 19300) and Article 6.5 (commencing with Section 19310). The additional fees authorized to be imposed by this section may not exceed ten thousand dollars ($10,000) per year per each licensed rendering plant or collection center. -(b) The secretary may, based upon the findings and recommendation of the Rendering Industry Advisory Board, determine the additional fee amounts necessary to provide the revenue needed to carry out the provisions of this chapter specified in subdivision (a). The secretary and the Rendering Industry Advisory Board shall not exceed the maximum amount for additional fees authorized pursuant to subdivision (a). Setting the additional fee or fees shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The secretary shall only have the authority to raise an additional fee pursuant to this section upon recommendation of the Rendering Industry Advisory Board. -(c) The secretary shall fix the additional fee amounts established pursuant to this section and may fix different fees for renderers and collection centers. If an additional fee is imposed on licensed renderers pursuant to subdivision (a) and an additional fee is imposed on registered transporters pursuant to subdivision (a) of Section 19315, only one additional fee may be imposed on a person or firm that is both licensed as a renderer pursuant to Article 6 (commencing with Section 19300) and registered as a transporter of inedible kitchen grease pursuant to Article 6.5 (commencing with Section 19310), which fee shall be the higher of the two fees. -(d) If the additional fee established pursuant to this section is not paid within one calendar month of the date it is due, a penalty shall be imposed in the amount of 10 percent per annum on the amount of the unpaid fee. -(e) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute that becomes operative on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 2. -Section 19312 of the Food and Agricultural Code is amended to read: -19312. -(a) Registration shall be made with the department and shall include all of the following: -(1) The applicant’s name and address. -(2) A description of the operations to be performed by the applicant. -(3) The vehicles to be used in the transportation. -(4) A registration fee not to exceed two hundred fifty dollars ($250). -(5) A list of the names of the drivers employed by the transporter who transport inedible kitchen grease subject to this article and their drivers’ license numbers. -(6) Any other information that may be required by the department. -(b) Any renderer or collection center that registers pursuant to this article is not required to pay the fee prescribed in this section. -(c) The department may refuse to issue an original or renewal registration certificate to an applicant for either of the following reasons: -(1) The existence of the grounds specified in subdivisions (a) to (e), inclusive, of Section 19314. -(2) A failure to pay, in full by the established due date, any penalty levied by the department for a previous violation of this article or Article 6 (commencing with Section 19300). -(d) (1) The applicant may appeal the decision of the department to refuse to register the applicant. -(2) The department shall establish procedures for the appeals process, to include a noticed hearing. -(3) The department may reverse a decision to refuse to register the applicant, upon a finding of good cause to do so. -(e) The department shall adopt regulations that specify the maximum time period for which a refusal of registrations may be imposed, based on the severity or the number of violations that are the basis of the department’s action. The time period for the refusal of registration shall not exceed three years from the date the refusal of registration is imposed. -SEC. 3. -Section 19315 of the Food and Agricultural Code is amended to read: -19315. -(a) Except as provided in subdivision (c), in addition to the registration fee required by Section 19312, the department may charge a fee necessary to cover the costs of administering this article. Any additional fee charged pursuant to this section shall not exceed five hundred dollars ($500) per year per vehicle that is operated to transport kitchen grease, and shall not exceed ten thousand dollars ($10,000) per year per registered transporter. -(b) The secretary may, based upon the findings and recommendation of the Rendering Industry Advisory Board, determine the specific fee per vehicle necessary to provide the revenue needed to carry out the provisions of this article. The secretary and the Rendering Industry Advisory Board shall not exceed the maximum fee amounts established by this section. Setting the fee amounts authorized pursuant to subdivision (a) shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The secretary shall only have the authority to raise an additional fee pursuant to this section upon recommendation of the Rendering Industry Advisory Board. -(c) An individual registered pursuant to this article who transports inedible kitchen grease for his or her own personal, noncommercial use as an alternative fuel is exempt from 75 percent of the fee charged pursuant to subdivision (a), and shall meet all of the following requirements: -(1) The individual shall meet all other requirements of this article. -(2) The individual shall not transport more than 55 gallons of inedible kitchen grease per load for that purpose, and shall have no more than 165 gallons of inedible kitchen grease in his or her possession or control at any time. -(3) The individual shall not take any inedible kitchen grease from a container owned by another registered transporter of inedible kitchen grease or from an inedible kitchen grease provider under contract with a registered transporter of inedible kitchen grease or from a container owned by a renderer or collection center. -(4) The individual shall have a document in his or her possession while transporting inedible kitchen grease signed by the responsible party providing the inedible kitchen grease to the individual at the source of the inedible kitchen grease that provides permission for the inedible kitchen grease to be removed from that site. -(5) The individual shall specify where the inedible kitchen grease is stored and processed as an alternative fuel, if that address is different from the address included on the registration form for that individual pursuant to Section 19312. -(6) The individual shall not sell, barter, or trade any inedible kitchen grease. -(d) The secretary shall fix the additional fees established pursuant to this section and may fix different fees for transporters of inedible kitchen grease and collection centers, and for transporters of interceptor grease. If an additional fee is imposed on licensed renderers pursuant to subdivision (a) of Section 19227 and an additional fee is imposed on registered transporters pursuant to subdivision (a) of this section, only one additional fee may be imposed on a person or firm that is both licensed as a renderer pursuant to Article 6 (commencing with Section 19300) and registered as a transporter of inedible kitchen grease pursuant to this article, which fee shall be the higher of the two fees. -(e) If the additional fee established pursuant to this section is not paid within one calendar month of the date it is due, a penalty shall be imposed in the amount of 10 percent per annum on the amount of the unpaid fee. -(f) For purposes of this section, “interceptor grease” means inedible kitchen grease that is principally derived from food preparation, processing, or waste, and that is removed from a grease trap or grease interceptor. -(g) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed.","(1) Existing law regulates rendering, which is defined as the recycling, processing, and conversion of, among other things, inedible kitchen grease. Existing law, operative until July 1, 2020, authorizes the Department of Food and Agriculture, in addition to the license fee, to charge each licensed renderer and collection center an additional fee to cover the reasonable costs of administering provisions regulating renderers, collection centers, and transporters of inedible kitchen grease, and requires that the additional fees may not exceed $3,000 per year. -This bill would increase the maximum amount of these additional fees to $10,000 per year. -(2) Existing law requires transporters of inedible kitchen grease to be registered and to pay a $100 registration fee. Existing law, operative until July 1, 2020, authorizes the department, except as specified, to charge an additional fee not to exceed $300 per year per vehicle that is operated to transport kitchen grease for purposes of administering the provisions regulating these transporters, up to a maximum of $3,000 per year per registered transporter. -This bill would increase the registration fee for transporters of inedible kitchen grease to not to exceed $250. The bill would also increase the additional fee to not to exceed $500 per year per vehicle that is operated to transport kitchen grease and the maximum to not exceed $10,000 per year per registered transporter. -(3) This bill would also authorize the Secretary of Food and Agriculture, based upon the findings and recommendation of the Rendering Industry Advisory Board, to determine the additional fee amounts, as described above under (1) and (2), necessary to provide the revenue needed to carry out these provisions. The bill would require the secretary and the board to not exceed the maximum amount for additional fees authorized pursuant to these provisions. The bill would provide that the secretary shall only have the authority to raise an additional fee upon recommendation of the board. The bill would exempt the setting of these additional fees from the requirements of the Administrative Procedure Act. -(4) Existing law requires fees collected pursuant to these provisions to be deposited into the Department of Food and Agriculture Fund and continuously appropriates the collected funds for the purposes described above. -By increasing these additional fees and the registration fee for transporters of inedible kitchen grease, which are deposited into a continuously appropriated fund, the bill would make an appropriation.","An act to amend Sections 19227, 19312, and 19315 of the Food and Agricultural Code, relating to rendering, and making an appropriation therefor." -584,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 480 of the Revenue and Taxation Code, as amended by Section 6 of Chapter 454 of the Statutes of 2015, is amended to read: -480. -(a) Whenever there occurs any change in ownership of real property, a manufactured home, or a floating home that is subject to local property taxation and is assessed by the county assessor, the transferee shall file a signed change in ownership statement in the county where the real property, manufactured home, or floating home is located, as provided for in subdivision (c). In the case of a change in ownership where the transferee is not locally assessed, no change in ownership statement is required. -(b) The personal representative shall file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. The statement shall be filed -prior to or at the time the inventory and appraisal is filed with the court clerk. -within four months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers. -In all other cases in which an interest in real property is transferred by reason of death, including a transfer through the medium of a trust, the change in ownership statement or statements shall be filed by the trustee (if the property was held in trust) or the transferee with the county recorder or assessor in each county in which the decedent owned an interest in real property within 150 days after the date of death. -(c) Except as provided in subdivision (d), the change in ownership statement as required pursuant to subdivision (a) shall be declared to be true under penalty of perjury and shall give that information relative to the real property, manufactured home, or floating home acquisition transaction as the board shall prescribe after consultation with the California Assessors’ Association. The information shall include, but not be limited to, a description of the property, the parties to the transaction, the date of acquisition, the amount, if any, of the consideration paid for the property, whether paid in money or otherwise, and the terms of the transaction. The change in ownership statement shall not include any question that is not germane to the assessment function. The statement shall contain a notice informing the transferee of the property tax relief available under Section 69.5. The statement shall contain a notice that is printed, with the title in at least 12-point boldface type and the body in at least 8-point boldface type, in the following form: - - -“Important -Notice” -Notice - - -“The -The -law requires any transferee acquiring an interest in real property, manufactured home, or floating home subject to local property taxation, and that is assessed by the county assessor, to file a change in ownership statement with the county recorder or assessor. The change in ownership statement must be filed at the time of recording or, if the transfer is not recorded, within 90 days of the date of the change in ownership, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated, -shall be filed at the time the inventory and appraisal is filed. -within four months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers. -The failure to file a change in ownership statement within 90 days from the date a written request is mailed by the assessor results in a penalty of either: (1) one hundred dollars ($100), or (2) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership of the real property, manufactured home, or floating home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners’ exemption or twenty thousand dollars ($20,000) if the property is not eligible for the homeowners’ exemption if that failure to file was not willful. This penalty will be added to the assessment roll and shall be collected like any other delinquent property taxes, and be subject to the same penalties for nonpayment.” - - -(d) The change in ownership statement may be attached to or accompany the deed or other document evidencing a change in ownership filed for recording, in which case the notice, declaration under penalty of perjury, and any information contained in the deed or other transfer document otherwise required by subdivision (c) may be omitted. -(e) If the document evidencing a change in ownership is recorded in the county recorder’s office, then the statement shall be filed with the recorder at the time of recordation. However, the recordation of the deed or other document evidencing a change in ownership shall not be denied or delayed because of the failure to file a change of ownership statement, or filing of an incomplete statement, in accordance with this subdivision. If the document evidencing a change in ownership is not recorded or is recorded without the concurrent filing of a change in ownership statement, then the statement shall be filed with the assessor no later than 90 days from the date the change in ownership occurs, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated, -shall be filed at the time the inventory and appraisal is filed. -within four months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers. -(f) Whenever a change in ownership statement is filed with the county recorder’s office, the recorder shall transmit, as soon as possible, the original statement or a true copy thereof to the assessor along with a copy of every recorded document as required by Section 255.7. -(g) (1) The change in ownership statement may be filed with the assessor through the United States mail, properly addressed with the postage prepaid. -(2) A change in ownership statement that is filed with the assessor, as authorized by paragraph (1), shall be deemed filed on either the date of the postmark affixed by the United States Postal Service containing the statement or on the date certified by a bona fide private courier service on the envelope containing the statement. -(h) In the case of a corporation, the change in ownership statement shall be signed either by an officer of the corporation or an employee or agent who has been designated in writing by the board of directors to sign those statements on behalf of the corporation. In the case of a partnership, limited liability company, or other legal entity, the statement shall be signed by an officer, partner, manager, or an employee or agent who has been designated in writing by the partnership, limited liability company, or legal entity. -(i) No person or entity acting for or on behalf of the parties to a transfer of real property shall incur liability for the consequences of assistance rendered to the transferee in preparation of any change in ownership statement, and no action may be brought or maintained against any person or entity as a result of that assistance. -Nothing in this section shall create a duty, either directly or by implication, that the assistance be rendered by any person or entity acting for or on behalf of parties to a transfer of real property. -SECTION 1. -Section 480 of the -Revenue and Taxation Code -is amended to read: -480. -(a)Whenever there occurs any change in ownership of real property or of a manufactured home that is subject to local property taxation and is assessed by the county assessor, the transferee shall file a signed change in ownership statement in the county where the real property or manufactured home is located, as provided for in subdivision (c). In the case of a change in ownership where the transferee is not locally assessed, no change in ownership statement is required. -(b)The personal representative shall file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. The statement shall be filed within 150 days after the date of death. In all other cases in which an interest in real property is transferred by reason of death, including a transfer through the medium of a trust, the change in ownership statement or statements shall be filed by the trustee (if the property was held in trust) or the transferee with the county recorder or assessor in each county in which the decedent owned an interest in real property within 150 days after the date of death. -(c)Except as provided in subdivision (d), the change in ownership statement as required pursuant to subdivision (a) shall be declared to be true under penalty of perjury and shall give that information relative to the real property or manufactured home acquisition transaction as the board shall prescribe after consultation with the California Assessors’ Association. The information shall include, but not be limited to, a description of the property, the parties to the transaction, the date of acquisition, the amount, if any, of the consideration paid for the property, whether paid in money or otherwise, and the terms of the transaction. The change in ownership statement shall not include any question that is not germane to the assessment function. The statement shall contain a notice informing the transferee of the property tax relief available under Section 69.5. The statement shall contain a notice that is printed, with the title in at least 12-point boldface type and the body in at least 8-point boldface type, in the following form: - - -“Important Notice” - - -“The law requires any transferee acquiring an interest in real property or manufactured home subject to local property taxation, and that is assessed by the county assessor, to file a change in ownership statement with the county recorder or assessor. The change in ownership statement must be filed at the time of recording or, if the transfer is not recorded, within 90 days of the date of the change in ownership, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death. The failure to file a change in ownership statement within 90 days from the date a written request is mailed by the assessor results in a penalty of either: (1) one hundred dollars ($100), or (2) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership of the real property or manufactured home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners’ exemption or twenty thousand dollars ($20,000) if the property is not eligible for the homeowners’ exemption if that failure to file was not willful. This penalty will be added to the assessment roll and shall be collected like any other delinquent property taxes, and be subject to the same penalties for nonpayment.” - - -(d)The change in ownership statement may be attached to or accompany the deed or other document evidencing a change in ownership filed for recording, in which case the notice, declaration under penalty of perjury, and any information contained in the deed or other transfer document otherwise required by subdivision (c) may be omitted. -(e)If the document evidencing a change in ownership is recorded in the county recorder’s office, then the statement shall be filed with the recorder at the time of recordation. However, the recordation of the deed or other document evidencing a change in ownership shall not be denied or delayed because of the failure to file a change of ownership statement, or filing of an incomplete statement, in accordance with this subdivision. If the document evidencing a change in ownership is not recorded or is recorded without the concurrent filing of a change in ownership statement, then the statement shall be filed with the assessor no later than 90 days from the date the change in ownership occurs, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death. -(f)Whenever a change in ownership statement is filed with the county recorder’s office, the recorder shall transmit, as soon as possible, the original statement or a true copy thereof to the assessor along with a copy of every recorded document as required by Section 255.7. -(g)(1)The change in ownership statement may be filed with the assessor through the United States mail, properly addressed with the postage prepaid. -(2)A change in ownership statement that is filed with the assessor, as authorized by paragraph (1), shall be deemed filed on either the date of the postmark affixed by the United States Postal Service containing the statement or on the date certified by a bona fide private courier service on the envelope containing the statement. -(h)In the case of a corporation, the change in ownership statement shall be signed either by an officer of the corporation or an employee or agent who has been designated in writing by the board of directors to sign those statements on behalf of the corporation. In the case of a partnership, limited liability company, or other legal entity, the statement shall be signed by an officer, partner, manager, or an employee or agent who has been designated in writing by the partnership, limited liability company, or legal entity. -(i)No person or entity acting for or on behalf of the parties to a transfer of real property shall incur liability for the consequences of assistance rendered to the transferee in preparation of any change in ownership statement, and no action may be brought or maintained against any person or entity as a result of that assistance. -Nothing in this section shall create a duty, either directly or by implication, that the assistance be rendered by any person or entity acting for or on behalf of parties to a transfer of real property.","Existing property tax law requires, when there is a change in ownership of real -property or of -property, -a manufactured -home -home, or a floating home -that is subject to local property taxation and is assessed by the county assessor, a change in ownership statement to be -filed -filed, under penalty of perjury, -in the county where the real -property or -property, -manufactured -home -home, or floating home -is located, as provided. Existing law, in the case of probate, requires the personal representative to file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. Existing law requires that statement to be filed before or at the time the inventory and appraisal is filed with the court clerk. -This bill instead, in the case of probate, would require the statement to be filed within -150 days after the date of death. -4 months after the date letters testamentary or letters of administration are first issued to a personal representative with general powers.","An act to amend Section 480 of the Revenue and Taxation Code, relating to taxation." -585,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4011.10 of the Penal Code is amended to read: -4011.10. -(a) It is the intent of the Legislature in enacting this section to provide county sheriffs, chiefs of police, and directors or administrators of local detention facilities with an incentive to not engage in practices designed to avoid payment of legitimate health care costs for the treatment or examination of persons lawfully in their custody, and to promptly pay those costs as requested by the provider of services. Further, it is the intent of the Legislature to encourage county sheriffs, chiefs of police, and directors or administrators of local detention facilities to bargain in good faith when negotiating a service contract with hospitals providing health care services. -(b) Notwithstanding any other law, a county sheriff, police chief, or other public agency that contracts for health care services, may contract with providers of health care services for care to local law enforcement patients. Hospitals that do not contract for health care services with the county sheriff, police chief, or other public agency shall provide health care services to local law enforcement patients at a rate equal to 110 percent of the hospital’s actual costs according to the most recent Hospital Annual Financial Data report issued by the Office of Statewide Health Planning and Development, as calculated using a cost-to-charge ratio, or, for claims that have not previously been paid or otherwise determined by local law enforcement, according to the most recently approved cost-to-charge ratio from the Medicare Program. The hospital, with the approval of the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, may choose the most appropriate cost-to-charge ratio and shall provide notice to the county sheriff, police chief, or other public agency, as applicable, of any change. If the hospital uses the cost-to-charge ratio from the Medicare Program, the hospital shall attach supporting Medicare documentation and an expected payment calculation to the claim. If a claim does not contain the supporting Medicare documentation and expected payment calculation, or if, within 60 days of the hospital’s request for approval to use the cost-to-charge ratio from the Medicare Program, approval is not granted by the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, the Office of Statewide Health Planning and Development cost-to-charge ratio shall be used to calculate the payment. -(c) A county sheriff or police chief shall not request the release of an inmate from custody for the purpose of allowing the inmate to seek medical care at a hospital, and then immediately rearrest the same individual upon discharge from the hospital, unless the hospital determines this action would enable it to bill and collect from a third-party payment source. -(d) The California Hospital Association, the University of California, the California State Sheriffs’ Association, and the California Police Chiefs Association shall, immediately upon enactment of this section, convene the Inmate Health Care and Medical Provider Fair Pricing Working Group. The working group shall consist of at least six members from the California Hospital Association and the University of California, and six members from the California State Sheriffs’ Association and the California Police Chiefs Association. Each organization should give great weight and consideration to appointing members of the working group with diverse geographic and demographic interests. The working group shall meet as needed to identify and resolve industry issues that create fiscal barriers to timely and affordable inmate health care. In addition, the working group shall address issues, including, but not limited to, inmates being admitted for care and later rearrested and any other fiscal barriers to hospitals being able to enter into fair market contracts with public agencies. To the extent that the rate provisions of this statute result in a disproportionate share of local law enforcement patients being treated at any one hospital or system of hospitals, the working group shall address this issue. No reimbursement is required under this provision. -(e) This section does not require or encourage a hospital or public agency to replace any existing arrangements that any city police chief, county sheriff, or other public agency that contracts for health care services for local law enforcement patients has with health care providers. -(f) An entity that provides ambulance or any other emergency or nonemergency response service to a sheriff or police chief, and that does not contract with their departments for that service, shall be reimbursed for the service at the rate established by Medicare. Neither the sheriff nor the police chief shall reimburse a provider of any of these services that his or her department has not contracted with at a rate that exceeds the provider’s reasonable and allowable costs, regardless of whether the provider is located within or outside of California. -(g) For the purposes of this section, “reasonable and allowable costs” shall be defined in accordance with Part 413 of Title 42 of the Code of Federal Regulations and federal Centers for Medicare and Medicaid Services Publication Numbers 15-1 and 15-2. -(h) For purposes of this section, in those counties in which the sheriff does not administer a jail facility, a director or administrator of a local department of corrections established pursuant to Section 23013 of the Government Code is the person who may contract for services provided to jail inmates in the facilities he or she administers in those counties.","Existing federal law provides for the federal Medicare Program, which is a public health insurance program for persons 65 years of age and older and specified persons with disabilities who are under 65 years of age. -Existing law authorizes a county sheriff, police chief, or other public agency that contracts for health care services, to contract with providers of health care services for care to local law enforcement patients. Existing law requires hospitals that do not contract with the county sheriff, police chief, or other public agency that contracts for health care services to provide health care services to local law enforcement patients at a rate equal to 110% of the hospital’s actual costs according to the most recent Hospital Annual Financial Data report issued by the Office of Statewide Health Planning and Development, as calculated using a cost-to-charge ratio. -This bill would authorize, for claims that have not previously been paid or otherwise determined by local law enforcement, those costs to be calculated according to the most recent approved cost-to-charge ratio from the Medicare Program. The bill would authorize the hospital, with the approval of the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, to choose which cost-to-charge ratio is most appropriate, and would require the hospital to give notice of any change. If the hospital chooses to use the cost-to-charge ratio from the Medicare Program, the bill would require the hospital to attach supporting Medicare documentation and an expected payment calculation to the claim. If a claim does not contain that documentation and payment calculation, or if, within 60 days of the hospital’s request for approval to use the cost-to-charge ratio from the Medicare Program, approval is not granted by the county sheriff, police chief, or other public agency responsible for providing health care services to local law enforcement patients, the bill would require the Office of Statewide Health Planning and Development cost-to-charge ratio to be used to calculate the payment. The bill would also make technical, nonsubstantive changes.","An act to amend Section 4011.10 of the Penal Code, relating to health care." -586,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 73.5 is added to the Military and Veterans Code, to read: -73.5. -(a) (1) There is hereby created the office of Inspector General for Veterans Affairs within the department. -(2) The inspector general shall be appointed by the Governor, subject to Senate confirmation. -(3) (A) The inspector general shall be subject to the direction of the Governor. -(B) The inspector general shall provide ongoing and independent advice to the board regarding any issue that is being considered by the board. -(b) The inspector general shall be responsible for all of the following: -(1) Reviewing the operations and financial condition of each California veterans home and veterans farm and home purchase program. For the purposes of reviewing the operations of each veterans home, the Veterans Home Allied Council and home residents shall have unfettered access to the inspector general. -(2) Reviewing the operation and financial condition of all other veterans programs supported by the state including, but not limited to, county veterans service offices and veterans memorials. -(3) Investigating any allegations of department employee misconduct and reporting any findings of misconduct directly to the secretary, for further action that the secretary may deem necessary. -(c) (1) The inspector general shall conduct a review or investigation, as specified in subdivision (b), if requested to do so by the Governor, any member of the board, or the secretary. In addition, the inspector general may conduct a review or investigation, as specified in subdivision (b), as he or she deems necessary or if requested by any Member of the Legislature or any member of the public. -(2) Whenever the inspector general conducts a review or investigation pursuant to a request of any Member of the Legislature, the inspector general shall submit a report of his or her findings to that member. -(d) (1) Beginning January 1, 2017, and each year after, the inspector general shall submit a report to the board and the Legislature and make any recommendations he or she deems necessary for improving the operations of the veterans programs. -(2) A report submitted to the Legislature pursuant to paragraph (1) shall comply with Section 9795 of the Government Code. -(3) This subdivision shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2020, deletes or extends that date. -SEC. 2. -Section 73.6 is added to the Military and Veterans Code, to read: -73.6. -(a) The inspector general may receive communications from any individual, including, but not limited to, a participant in a farm and home purchase program or a resident of a California veterans home, who believes he or she may have information that warrants a review or investigation of a veterans program that is supported by the state. The identity of the person providing the information shall be held as confidential by the inspector general and may be disclosed only to the Governor, any member of the board, any Member of the Legislature, or the secretary, as the inspector general deems appropriate and in the furtherance of his or her duties. -(b) In order to properly respond to any allegation, the inspector general shall establish a toll-free public telephone number for the purpose of identifying any alleged wrongdoing regarding veterans programs. This telephone number shall be posted at every California veterans home and throughout all department and county veterans service offices, in clear view of all veterans home residents, employees, and the public. In addition, the telephone number shall be issued to every participant of a home purchase program. When deemed appropriate by the inspector general, he or she shall initiate a review or investigation of any alleged wrongdoing. However, any request to conduct an investigation shall be in writing. The request shall be confidential and is not subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). -(c) The identity of the person providing the information that initiated the review or investigation shall not be disclosed without that person’s written permission, except to a law enforcement agency in the furtherance of its duties. -SEC. 3. -The Legislature finds and declares that Section 2 of this act, which adds Section 73.6 of the Military and Veterans Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -In order to protect the privacy of persons who provide information of alleged wrongdoing by or complaints against veterans programs to the Inspector General for Veterans Affairs, the limitations on the public’s right of access imposed by Section 2 of this act are necessary.","Existing law establishes the Department of Veterans Affairs and designates the Secretary of Veterans Affairs as the chief administrative officer of the department. Existing law also establishes the California Veterans Board, and requires the board to advise the department and secretary on policies for operations of the department. Existing law provides for veterans programs, including the veterans farm and home purchase programs, and provides for veterans homes. -This bill would create the office of Inspector General for Veterans Affairs, who would be subject to the direction of the Governor, within the department. The bill would require the inspector general to be appointed by the Governor, subject to Senate confirmation. The inspector general would be responsible for reviewing the operations and financial condition of each California veterans home, each veterans farm and home purchase program, and all other veterans programs supported by the state. Beginning January 1, 2017, and each year after, the bill would require the inspector general to submit a report to the board and the Legislature and make any recommendations he or she deems necessary for improving the operations of the veterans programs. The bill would repeal the reporting requirement on January 1, 2020. -The bill would authorize the inspector general to receive communications from any individual who believes he or she may have information that warrants a review or investigation of a veterans program. The bill would authorize, and in some instances require, the inspector general to conduct a review or investigation. The bill would also require the establishment of a toll-free telephone number to report alleged wrongdoing regarding veterans programs. -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to add Sections 73.5 and 73.6 to the Military and Veterans Code, relating to veterans." -587,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 27388 of the Government Code is amended to read: -27388. -(a) (1) In addition to any other recording fees specified in this code, upon the adoption of a resolution by the county board of supervisors, a fee of up to ten dollars ($10) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded within that county, except those expressly exempted from payment of recording fees and except as provided in paragraph (2). For purposes of this section, “real estate instrument” means a deed of trust, an assignment of deed of trust, an amended deed of trust, an abstract of judgment, an affidavit, an assignment of rents, an assignment of a lease, a construction trust deed, covenants, conditions, and restrictions (CC&Rs), a declaration of homestead, an easement, a lease, a lien, a lot line adjustment, a mechanics lien, a modification for deed of trust, a notice of completion, a quitclaim deed, a subordination agreement, a release, a reconveyance, a request for notice, a notice of default, a substitution of trustee, a notice of trustee sale, a trustee’s deed upon sale, or a notice of rescission of declaration of default, or any Uniform Commercial Code amendment, assignment, continuation, statement, or termination. The fees, after deduction of any actual and necessary administrative costs incurred by the county recorder in carrying out this section, shall be paid quarterly to the county auditor or director of finance, to be placed in the Real Estate Fraud Prosecution Trust Fund. The amount deducted for administrative costs shall not exceed 10 percent of the fees paid pursuant to this section. -(2) The fee imposed by paragraph (1) shall not apply to any real estate instrument, paper, or notice if any of the following apply: -(A) The real estate instrument, paper, or notice is accompanied by a declaration stating that the transfer is subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. -(B) The real estate instrument, paper, or notice is recorded concurrently with a document subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. -(C) The real estate instrument, paper, or notice is presented for recording within the same business day as, and is related to the recording of, a document subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. A real estate instrument, paper, or notice that is exempt under this subparagraph shall be accompanied by a statement that includes both of the following: -(i) A statement that the real estate instrument, paper, or notice is exempt from the fee imposed under paragraph (1). -(ii) A statement of the recording date and the recorder identification number or book and page of the previously recorded document. -(b) Money placed in the Real Estate Fraud Prosecution Trust Fund shall be expended to fund programs to enhance the capacity of local police and prosecutors to deter, investigate, and prosecute real estate fraud crimes. After deduction of the actual and necessary administrative costs referred to in subdivision (a), 60 percent of the funds shall be distributed to district attorneys subject to review pursuant to subdivision (d), and 40 percent of the funds shall be distributed to local law enforcement agencies within the county in accordance with subdivision (c). In those counties where the investigation of real estate fraud is done exclusively by the district attorney, after deduction of the actual and necessary administrative costs referred to in subdivision (a), 100 percent of the funds shall be distributed to the district attorney, subject to review pursuant to subdivision (d). A portion of the funds may be directly allocated to the county recorder to support county recorder fraud prevention programs, including, but not limited to, the fraud prevention program provided for in Section 27297.7. Prior to establishing or increasing fees pursuant to this section, the board of supervisors may consider support for county recorder fraud prevention programs. The funds so distributed shall be expended for the exclusive purpose of deterring, investigating, and prosecuting real estate fraud crimes. -(c) The county auditor or director of finance shall distribute funds in the Real Estate Fraud Prosecution Trust Fund to eligible law enforcement agencies within the county pursuant to subdivision (b), as determined by a Real Estate Fraud Prosecution Trust Fund Committee composed of the district attorney, the county chief administrative officer, the chief officer responsible for consumer protection within the county, and the chief law enforcement officer of one law enforcement agency receiving funding from the Real Estate Fraud Prosecution Trust Fund, the latter being selected by a majority of the other three members of the committee. The chief law enforcement officer shall be a nonvoting member of the committee and shall serve a one-year term, which may be renewed. Members may appoint representatives of their offices to serve on the committee. If a county lacks a chief officer responsible for consumer protection, the county board of supervisors may appoint an appropriate representative to serve on the committee. The committee shall establish and publish deadlines and written procedures for local law enforcement agencies within the county to apply for the use of funds and shall review applications and make determinations by majority vote as to the award of funds using the following criteria: -(1) Each law enforcement agency that seeks funds shall submit a written application to the committee setting forth in detail the agency’s proposed use of the funds. -(2) In order to qualify for receipt of funds, each law enforcement agency submitting an application shall provide written evidence that the agency either: -(A) Has a unit, division, or section devoted to the investigation or prosecution of real estate fraud, or both, and the unit, division, or section has been in existence for at least one year prior to the application date. -(B) Has on a regular basis, during the three years immediately preceding the application date, accepted for investigation or prosecution, or both, and assigned to specific persons employed by the agency, cases of suspected real estate fraud, and actively investigated and prosecuted those cases. -(3) The committee’s determination to award funds to a law enforcement agency shall be based on, but not be limited to, (A) the number of real estate fraud cases filed in the prior year; (B) the number of real estate fraud cases investigated in the prior year; (C) the number of victims involved in the cases filed; and (D) the total aggregated monetary loss suffered by victims, including individuals, associations, institutions, or corporations, as a result of the real estate fraud cases filed, and those under active investigation by that law enforcement agency. -(4) Each law enforcement agency that, pursuant to this section, has been awarded funds in the previous year, upon reapplication for funds to the committee in each successive year, in addition to any information the committee may require in paragraph (3), shall be required to submit a detailed accounting of funds received and expended in the prior year. The accounting shall include (A) the amount of funds received and expended; (B) the uses to which those 1695.1 of the Civil Code. Case filing decisions continue to be at the discretion of the prosecutor. -(g) A district attorney’s office or a local enforcement agency that has undertaken investigations and prosecutions that will continue into a subsequent program year may receive nonexpended funds from the previous fiscal year subsequent to the annual submission of information detailing the accounting of funds received and expended in the prior year. -(h) No money collected pursuant to this section shall be expended to offset a reduction in any other source of funds. Funds from the Real Estate Fraud Prosecution Trust Fund shall be used only in connection with criminal investigations or prosecutions involving recorded real estate documents.","Existing law authorizes the board of supervisors to adopt, by resolution, a fee of up to $10 for each recording of a real estate instrument, paper, or notice required or permitted by law to be recorded, except as specified. Existing law defines the term “real estate instrument” to exclude a deed, instrument, or writing recorded in connection with a transfer subject to a documentary transfer tax. -This bill would recast this latter exclusion from a “real estate instrument” as a statement that the above-described fee does not apply to any real estate instrument, paper, or notice accompanied by a declaration stating that the transfer is subject to a documentary transfer tax, is recorded concurrently with a transfer subject to a documentary transfer tax, or is presented for recording within the same business day as, and is related to the recording of, a transfer subject to a documentary transfer tax.","An act to amend Section 27388 of the Government Code, relating to local government." -588,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14186.36 of the Welfare and Institutions Code is amended to read: -14186.36. -(a) It is the intent of the Legislature that a universal assessment process for LTSS be developed and tested. The initial uses of this tool may inform future decisions about whether to amend existing law regarding the assessment processes that currently apply to LTSS programs, including IHSS. -(b) (1) In addition to the activities set forth in paragraph (9) of subdivision (a) of Section 14186.35, county agencies shall continue IHSS assessment and authorization processes, including making final determinations of IHSS hours pursuant to Article 7 (commencing with Section 12300) of Chapter 3 and regulations promulgated by the State Department of Social Services. -(2) No sooner than January 1, 2015, for the counties and beneficiary categories specified in subdivision (e), counties shall also utilize the universal assessment tool, as described in subdivision (c), if one is available and upon completion of the stakeholder process, system design and testing, and county training described in subdivisions (c) and (e), for the provision of IHSS services. This paragraph shall only apply to beneficiaries who consent to the use of the universal assessment process. The managed care health plans shall be required to cover IHSS services based on the results of the universal assessment process specified in this section. -(c) (1) No later than June 1, 2013, the department, the State Department of Social Services, and the California Department of Aging shall establish a stakeholder workgroup to develop the universal assessment process, including a universal assessment tool, for home- and community-based services, as defined in subdivision (b) of Section 14186.1. The stakeholder workgroup shall include, but not be limited to, consumers of IHSS and other home- and community-based services and their authorized representatives, managed care health plans, counties, IHSS, MSSP, and CBAS providers, area agencies on aging, independent living centers, and legislative staff. The universal assessment process shall be used for all home- and community-based services, including IHSS. In developing the process, the workgroup shall build upon the IHSS uniform assessment process and hourly task guidelines, the MSSP assessment process, and other appropriate home- and community-based assessment tools. -(2) (A) In developing the universal assessment process, the departments described in paragraph (1) shall develop a universal assessment tool that will inform the universal assessment process and facilitate the development of plans of care based on the individual needs of the consumer. The workgroup shall consider issues including, but not limited to, the following: -(i) The roles and responsibilities of the health plans, counties, and home- and community-based services providers administering the assessment. -(ii) The criteria for reassessment. -(iii) How the results of new assessments would be used for the oversight and quality monitoring of home- and community-based services providers. -(iv) How the appeals process would be affected by the assessment. -(v) The ability to automate and exchange data and information between home- and community-based services providers. -(vi) How the universal assessment process would incorporate person-centered principles and protections. -(vii) How the universal assessment process would meet the legislative intent of this article and the goals of the demonstration project pursuant to Section 14132.275. -(viii) The qualifications for, and how to provide guidance to, the individuals conducting the assessments. -(B) The workgroup shall also consider how this assessment may be used to assess the need for nursing facility care and divert individuals from nursing facility care to home- and community-based services. -(d) No later than December 1, 2016, the department, the State Department of Social Services, and the California Department of Aging shall report to the Legislature on the stakeholder workgroup’s progress in developing the universal assessment process, and shall identify the counties and beneficiary categories for which the universal assessment process may be implemented pursuant to subdivision (e). -(e) (1) No sooner than January 1, 2015, upon completion of the design and development of a new universal assessment tool, managed care health plans, counties, and other home- and community-based services providers may test the use of the tool for a specific and limited number of beneficiaries who receive or are potentially eligible to receive home- and community-based services pursuant to this article in no fewer than two, and no more than four, of the counties where the provisions of this article are implemented, if the following conditions have been met: -(A) The department has obtained any federal approvals through necessary federal waivers or amendments, or state plan amendments, whichever occurs later. -(B) The system used to calculate the results of the tool has been tested. -(C) Any entity responsible for using the tool has been trained in its usage. -(2) To the extent the universal assessment tool or universal assessment process results in changes to the authorization process and provision of IHSS services, those changes shall be automated in the Case Management Information and Payroll System. -(3) The department shall develop materials to inform consumers of the option to participate in the universal assessment tool testing phase pursuant to this paragraph. -(f) The department, the State Department of Social Services, and the California Department of Aging shall implement a rapid-cycle quality improvement system to monitor the implementation of the universal assessment process, identify significant changes in assessment results, and make modifications to the universal assessment process to more closely meet the legislative intent of this article and the goals of the demonstration project pursuant to Section 14132.275. -(g) Until existing law relating to the IHSS assessment process pursuant to Article 7 (commencing with Section 12300) of Chapter 3 is amended, beneficiaries shall have the option to request an additional assessment using the previous assessment process for those home- and community-based services and to receive services according to the results of the additional assessment. -(h) (1) No later than 15 months after the implementation of the universal assessment process, the department, the State Department of Social Services, and the California Department of Aging, in consultation with stakeholders, shall report to the Legislature on the results of the initial use of the universal assessment process, and may identify proposed additional beneficiary categories or counties for expanded use of this process and any necessary changes to provide statutory authority for the continued use of the universal assessment process. These departments shall report annually thereafter to the Legislature on the status and results of the universal assessment process. At a minimum, the report shall include, but not be limited to, all of the following: -(A) Findings from consumers assessed using the universal assessment tool regarding their satisfaction with both the universal assessment process and the assessor. -(B) Analysis of the consumers’ ability to follow and accurately respond to all assessment items. -(C) Data collected from the universal assessment process that is compared to previous assessment tool data and this information shall be reported to distinguish the impact of the universal assessment process through the new data collection process. -(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. -(i) This section shall remain operative only until September 1, 2018.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including, among other services, home- and community-based services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. -Existing law, until July 1, 2017, requires the State Department of Health Care Services, the State Department of Social Services, and the California Department of Aging to establish a stakeholder workgroup, as prescribed, to develop a universal assessment process, including a universal assessment tool, to be used for home- and community-based services. No later than March 1, 2014, existing law requires the State Department of Health Care Services, the State Department of Social Services, and the California Department of Aging to report to the Legislature on the stakeholder workgroup’s progress in developing the universal assessment process and to identify the counties and beneficiary categories for which the universal assessment process may be implemented. No sooner than January 1, 2015, upon completion of the design and development of that universal assessment tool, existing law authorizes managed care health plans, counties, and other home- and community-based services providers to test the use of the tool for certain beneficiaries in no fewer than 2, and no more than 4, specified counties if certain conditions have been met. No later than 9 months after the implementation of the universal assessment process, existing law requires the State Department of Health Care Services, the State Department of Social Services, and the California Department of Aging, to report to the Legislature on the results of the initial use of the universal assessment process. -This bill would extend the operation of these provisions until September 1, 2018. The bill would instead require the State Department of Health Care Services, the State Department of Social Services, and the California Department of Aging to report to the Legislature on the stakeholder workgroup’s progress no later than December 1, 2016. The bill would instead require the State Department of Health Care Services, the State Department of Social Services, and the California Department of Aging to report to the Legislature on the results of the initial use of the universal assessment process no later than 15 months after the implementation of the universal assessment process. The bill would require this report to include, among other things, findings from consumers assessed using the universal assessment tool regarding their satisfaction of the universal assessment process.","An act to amend Section 14186.36 of the Welfare and Institutions Code, relating to Medi-Cal." -589,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 200 of the Fish and Game Code is amended to read: -200. -(a) There is hereby delegated to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibia, and reptiles for purposes that include, but are not limited to, public health and safety, to the extent and in the manner prescribed in this article. -(b) No power is delegated to the commission by this article to regulate the taking, possessing, processing, or use of fish, amphibia, kelp, or other aquatic plants for commercial purposes, and no provision of this code relating or applying thereto, nor any regulation of the commission made pursuant to these provisions, shall be affected by this article or any regulation made under this article. -SEC. 2. -Section 200.5 is added to the Fish and Game Code, to read: -200.5. -(a) The Legislature finds and declares all of the following: -(1) The California Supreme Court In re Makings (1927) 200 Cal. 474, determined that Section 25 -1/2 -of Article IV of the California Constitution, as currently set forth in Section 20 of Article IV, prohibits local governmental entities from regulating, or interfering with, fish and game matters in any manner and places this responsibility with the Legislature in order to conserve California’s fish and wildlife and permit the greatest use of fish and game resources compatible with the reasonable protection thereof. -(2) The commission was established in 1870 to assist in the scientific, evidence-based management of California’s fish and wildlife resources. The California Constitution permits the Legislature to delegate to the commission certain powers relating to the management of fish and game, and the Legislature has delegated to the commission regulatory powers over the taking and possession of fish and game, as set forth in this code. -(3) Hunting and fishing are statistically among the safest outdoor recreational activities, and are already well regulated by the state through means that include, but are not limited to, mandatory safety and education requirements, discharge laws for firearms used to take wildlife, and regulations adopted by the commission. Additional local regulation would be unnecessary, would impede the proper administration of state fish and game laws, and would create significant enforcement issues. Hunting and fishing activities are also compatible with other recreational uses on many public lands and waters throughout the state. -(b) In enacting this section and Section 200.6, it is the intent of the Legislature to affirm, subject to applicable federal law, the exclusive legal authority granted to the commission and the department with regard to the taking and possession of fish and game and thereby ensure necessary statewide control by the commission and the department over fish and game matters for wildlife conservation purposes, the protection of, and access to, hunting and fishing opportunities for the public, and for public health and safety purposes. -(c) It is the intent of the Legislature to expressly preempt local ordinances regarding the taking or possession of fish and game, as provided in Section 200.6. -(d) It is the intent of the Legislature that local governments pursue requests for regulation of hunting, fishing, and depredation permits pursuant to Section 207. -SEC. 3. -Section 200.6 is added to the Fish and Game Code, to read: -200.6. -(a) The state fully occupies the field of the taking and possession of fish and game pursuant to this code, regulations adopted by the commission pursuant to this code, and Section 20 of Article IV of the California Constitution, and all local ordinances and regulations regarding the taking and possession of fish and game are subject to this section. -(b) The commission, the department, or any other governmental entity legally authorized to affect hunting and fishing on navigable waters held in public trust shall ensure that the recreation rights of the public guaranteed under Section 25 of Article I and Section 4 of Article X of the California Constitution are protected in a manner consistent with those provisions. -(c) (1) Unless expressly authorized by this code, other state law, or federal law, the commission and the department are the only entities in the state that may adopt or promulgate regulations regarding the taking or possession of fish and game on any lands or waters within the state. -(2) Nothing in this section prohibits a public or private landowner, or the landowner’s designee, from controlling access or use, including hunting or fishing, on property that the landowner owns in fee, leases, holds an easement upon, or is otherwise expressly authorized to control for those purposes in a manner consistent with state law. However, nothing in this section abridges the public’s rights of navigation, fishing, hunting, or other recreation on waters of the state (see Bohn v. Albertson (1951) 107 Cal.App.2d 738; People ex rel. Baker v. Mack (1971) 19 Cal.App.3d 1040; and 68 Ops.Cal.Atty.Gen. 268 (1985)). -(3) This section applies only to activities for which a hunting or fishing license or a depredation permit is required by this code or regulations adopted by the commission, and to activities carried out by an employee or agent of the department as part of his or her official duties. Nothing in this section shall be construed to diminish or affect existing legal protections for fish and game-related management, recreation, or other activities not specifically mentioned in this section. -SEC. 4. -Section 203.1 of the Fish and Game Code is amended to read: -203.1. -When adopting regulations pursuant to Section 203 or 205, the commission shall consider populations, habitat, food supplies, the welfare of individual animals, public health and safety, and other pertinent facts and testimony. -SEC. 5. -Section 12000 of the -Fish and Game Code -is amended to read: -12000. -(a)Except as expressly provided otherwise in this code, any violation of this code, or of any rule, regulation, or order made or adopted under this code, is a misdemeanor. -(b)Notwithstanding subdivision (a), a person who violates any of the following statutes or regulations is guilty of an infraction punishable by a fine of not less than one hundred dollars ($100) and not to exceed one thousand dollars ($1,000), or of a misdemeanor: -(1)Section 2009. -(2)Subdivision (b) of Section 3004. -(3)Subdivision (a) of Section 6596. -(4)Section 7149.8. -(5)Sections 1.14, 1.17, 1.62, 1.63, and 1.74 of Title 14 of the California Code of Regulations. -(6)Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive, of Title 14 of the California Code of Regulations. -(7)Sections 27.56 to 30.10, inclusive, of Title 14 of the California Code of Regulations. -(8)Sections 40 to 43, inclusive, of Title 14 of the California Code of Regulations. -(9)Section 251.7 of Title 14 of the California Code of Regulations. -(10)Sections 307, 308, and 311 to 313, inclusive, of Title 14 of the California Code of Regulations. -(11)Sections 505, 507 to 510, inclusive, and 550 to 553, inclusive, of Title 14 of the California Code of Regulations. -(12)Section 630 of Title 14 of the California Code of Regulations. -SEC. 5. -Section 3004 of the Fish and Game Code is amended to read: -3004. -(a) It is unlawful for -any -a -person, other than the owner, person in possession of the premises, or a person having the express permission of the owner or person in possession of the premises, -to hunt or to discharge while hunting, any firearm or other deadly weapon -while -within 150 yards of -any -an -occupied dwelling house, residence, or other -building or any -building, or within 150 yards of a -barn or other outbuilding used in connection -therewith. -with an occupied dwelling house, residence, or other building, to either hunt or discharge a firearm or other deadly weapon while hunting. -The 150-yard area is a “safety zone.” -(b) It is unlawful for -any -a -person to intentionally discharge -any -a -firearm or release -any -an -arrow or crossbow bolt over or across -any -a -public road or other established way open to the public in an unsafe -and reckless -manner. -SEC. 6. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) The California Constitution provides for the delegation to the Fish and Game Commission of powers relating to the protection and propagation of fish and game. Existing statutory law delegates to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibia, and reptiles in accordance with prescribed laws. Under existing law, the Department of Fish and Wildlife exercises various functions with regard to the taking of fish and game. Under existing law, a city or county has no authority to regulate fish and game except that a city or county may adopt an ordinance that incidentally affects fishing and hunting for the protection of public health and safety. -This bill would provide that the state fully occupies the field of the taking and possession of fish and game. The bill would provide that unless otherwise authorized by the Fish and Game Code, other state law, or federal law, the commission and the department are the only entities that may adopt or promulgate regulations regarding the taking or possession of fish and game on any lands or waters within the state. -(2) Existing law requires the commission, when adopting certain regulations relating to the taking or possession of resident game birds, game mammals, and fur-bearing mammals, to consider populations, habitat, food supplies, the welfare of individual animals, and other pertinent facts and testimony. -This bill would require the commission to consider these factors when adopting certain regulations relating to the taking or possession of fish, amphibians, and reptiles. The bill would also require the commission to consider public health and safety when adopting these regulations. -(3)Existing law generally makes any violation of the Fish and Game Code or any rule, regulation, or order made or adopted under the code a misdemeanor, and specifies that a violation of designated statutes or regulations is either an infraction or a misdemeanor. -This bill would make a violation of a specified statute relating to the intentional discharge of a firearm or release of an arrow or crossbow bolt over or across a public road or other established way open to the public in an unsafe and reckless manner an infraction or a misdemeanor. -(3) Existing law makes it unlawful for a person to intentionally discharge a firearm or release an arrow or crossbow bolt over or across a public road or other established way open to the public in an unsafe and reckless manner. Existing law makes a violation of this provision a misdemeanor. -This bill would delete the “reckless” element from that provision. Because the bill would expand the definition of a crime, it would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 200, 203.1, and -12000 -3004 -of, and to add Sections 200.5 and 200.6 to, the Fish and Game Code, relating to fish and wildlife." -590,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 786 of the Welfare and Institutions Code is amended to read: -786. -(a) If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the court’s order that was received. The court shall also provide notice to the minor and minor’s counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minor’s right to nondisclosure of the arrest and proceedings, as specified in subdivision (b). -(b) Upon the court’s order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. -(c) (1) For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section. -(2) An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section. -(d) A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707. -(e) (1) The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section. -(2) An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual. -(f) (1) A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances: -(A) By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3. -(B) By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. -(C) If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minor’s previous court-ordered programs or placements, and in that event solely to determine the individual’s eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor. -(D) Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. -(E) Upon the prosecuting attorney’s motion, made in accordance with Section 707, to initiate court proceedings to determine the minor’s fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minor’s fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. -(F) By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records. -(2) Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency. -(g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. -(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order. -(h) The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts. -SEC. 1.5. -Section 786 of the Welfare and Institutions Code is amended to read: -786. -(a) If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the court’s order that was received. The court shall also provide notice to the minor and minor’s counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minor’s right to nondisclosure of the arrest and proceedings, as specified in subdivision (b). -(b) Upon the court’s order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. -(c) (1) For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section. -(2) An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section. -(d) A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707. -(e) (1) The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section. -(2) An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual. -(f) (1) A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances: -(A) By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3. -(B) By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. -(C) If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minor’s previous court-ordered programs or placements, and in that event solely to determine the individual’s eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor. -(D) Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. -(E) Upon the prosecuting attorney’s motion, made in accordance with Section 707, to initiate court proceedings to determine the minor’s fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minor’s fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. -(F) By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records. -(G) The probation department of any county may access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance. -(2) Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency. -(g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. -(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order. -(h) This section does not prohibit the Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute. -(i) The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts. -SEC. 2. -Section 787 is added to the Welfare and Institutions Code, immediately following Section 786, to read: -787. -(a) Notwithstanding any other law, a record sealed pursuant to Section 781 or 786 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record. -(b) Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781 or 786 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true: -(1) The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision. -(2) Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization. -(c) For the purposes of this section “personally identifying information” has the same meaning as in Section 1798.79.8 of the Civil Code. -SEC. 3. -The Legislature finds and declares that Section 1 of this act, which amends Section 786 of the Welfare and Institutions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -In order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, the Department of Justice, or any other public agency also be, or be subject to being, sealed. -SEC. 4. -Section 1.5 of this bill incorporates amendments to Section 786 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 989. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 786 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 989, in which case Section 1 of this bill shall not become operative. -SEC. 5. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law subjects a person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records in the custody of the juvenile court pertaining to that dismissed petition, except as specified. -This bill would provide that these provisions do not apply if the petition was sustained based on the commission of certain offenses committed when the individual was 14 years of age or older. The bill would require records pertaining to those cases in the custody of law enforcement agencies, the probation department, or the Department of Justice to be sealed according to a certain procedure. The bill would authorize an individual who has a record that is eligible to be sealed to ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice. The bill would make records sealed pursuant to this provision available for access or inspection only under specified circumstances. The bill would make related changes. The bill would also require the Judicial Council to adopt rules of court, and make available appropriate forms, providing for the standardized implementation of these provisions by the juvenile courts. By imposing new duties on local agencies relating to sealing juvenile records, this bill would impose a state-mandated local program. -Existing law authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of the records relating to the person’s case, including records in the custody of the juvenile court, the probation officer, or any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. Existing law provides that records sealed pursuant to this provision are not open to inspection, except as specified. -This bill would additionally make those records open to inspection to comply with data collection or data reporting requirements imposed by other provisions of law and would authorize a court to give a researcher or research organization access to information contained in those records, as specified. -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect. -This bill would incorporate changes to Section 786 of the Welfare and Institutions Code proposed by both this bill and AB 989, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 786 of, and to add Section 787 to, the Welfare and Institutions Code, relating to juveniles." -591,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25206.1 is added to the Corporations Code, to read: -25206.1. -(a) For purposes of this section, a “finder” is a natural person who, for direct or indirect compensation, introduces or refers one or more accredited investors, as that term is defined in Rule 501(a) of Regulation D under the Securities Act of 1933 (17 C.F.R. 230.501(a)), to an issuer or an issuer to one or more accredited investors, solely for the purpose of a potential offer or sale of securities of the issuer in an issuer transaction in this state, and who does not do any of the following: -(1) Provide services to an issuer for a transaction or a series of related transactions for the offer or sale of securities of the issuer that exceeds a securities purchase price of fifteen million dollars ($15,000,000) in the aggregate. -(2) Participate in negotiating any of the terms of the offer or sale of the securities. -(3) Advise any party to the transaction regarding the value of the securities or the advisability of investing in, purchasing, or selling the securities. -(4) Conduct any due diligence on the part of any party to the transaction. -(5) Sell or offer for sale in connection with the issuer transaction any securities of the issuer that are owned, directly or indirectly, by the finder. -(6) Receive, directly or indirectly, possession or custody of any funds in connection with the issuer transaction. -(7) Knowingly receive compensation in connection with any offer or sale of securities unless the sale is qualified under this division or unless the security or the transaction is exempt or not otherwise subject to qualification. -(8) Make any disclosure to a potential purchaser other than the following: -(A) The name, address, and contact information of the issuer. -(B) The name, type, price, and aggregate amount of any securities being offered in the issuer transaction. -(C) The issuer’s industry, location, and years in business. -(b) A finder who satisfies all of the conditions set forth in subdivisions (c) to (f), inclusive, shall be exempt from the provisions of Section 25210. -(c) (1) The finder shall file with the commissioner before engaging in any activities described in subdivision (a), on a form prescribed by the commissioner, an initial statement of information that shall include both of the following: -(A) The name and complete business or residential address of the finder. -(B) The mailing address of the finder, if different from the business or residential address. -(2) A filing fee of three hundred dollars ($300) shall be submitted to the Department of Business Oversight along with the initial statement of information required by this subdivision. -(d) (1) In addition, the finder shall file with the commissioner within 30 days of the anniversary of the finder’s initial statement of information required by subdivision (c), and annually thereafter, on a form prescribed by the commissioner, a renewal statement of information that includes all of the following: -(A) The following affirmative representations by the finder: -(i) The finder has complied and will continue to comply with the conditions of subdivision (a). -(ii) The finder has not performed any acts or satisfied any circumstances prohibited by Section 25212 or by Rule 506(d) of Regulation D under the Securities Act of 1933 (17 C.F.R. 230.506(d)), and the finder has not been sanctioned by the commissioner pursuant to Section 25212. -(iii) The finder has obtained the written agreement described in subdivision (e) with respect to each transaction in which the finder has participated in the prior 12 months. -(B) An indication by the finder as to whether the finder has received transaction-based compensation that is subject to the actual sale of securities by the issuer in any transaction in which the finder has participated in the prior 12 months. -(2) A filing fee in the amount of two hundred seventy-five dollars ($275) shall accompany each renewal statement of information. -(e) (1) Concurrently with each introduction, the finder shall obtain the informed, written consent of each person introduced or referred by the finder to an issuer, in a written agreement signed by the finder, the issuer, and the person introduced or referred, disclosing the following: -(A) The type and amount of compensation that has been or will be paid to the finder in connection with the introduction or referral and the conditions for payment of that compensation. -(B) That the finder is not providing advice to the issuer or any person introduced or referred by the finder to an issuer as to the value of the securities or as to the advisability of investing in, purchasing, or selling the securities. -(C) Whether the finder is also an owner, directly or indirectly, of the securities being offered or sold. -(D) Any actual and potential conflict of interest in connection with the finder’s activities related to the issuer transaction. -(E) That the parties to the agreement shall have the right to pursue any available remedies at law or otherwise for any breach of the agreement. -(2) To satisfy the requirements of this subdivision, the agreement shall also include a representation by the person introduced or referred by the finder to the issuer that the person is an accredited investor, as that term is defined in Rule 501(a) of Regulation D under the Securities Exchange Act of 1933 (17 C.F.R. 230.501(a)), and that the person knowingly consents to the payment of the compensation described therein. -(f) The finder shall maintain and preserve, for a period of five years from the date of filing of the notice prescribed in subdivision (d), a copy of the notice, the written agreement required in subdivision (e), and all other records relating to any offer or sale of securities in connection with which the finder receives compensation, as the commissioner may by rule require. The finder, upon written request of the commissioner, shall furnish to the commissioner any records required to be maintained and preserved under this subdivision. -(g) (1) A natural person who is engaged in the business of effecting transactions in securities and is not otherwise exempt from Section 25210 shall be subject to the requirements of Section 25210, if the individual fails to meet the definition of “finder” set forth in subdivision (a), or does not satisfy all the conditions set forth in subdivisions (c) to (f), inclusive. -(2) In the event a natural person does not meet the definition of “finder” set forth in subdivision (a) or does not satisfy all the conditions set forth in subdivisions (c) to (f), inclusive, any person introduced or referred by that natural person to an issuer, who purchases securities of that issuer in an issuer transaction following that introduction or referral, shall have the right to pursue any applicable remedy afforded under state law, including, without limitation, any applicable remedies pursuant to Section 25501.5. -(h) The commissioner may from time to time make, amend, and rescind such rules, forms, and orders as are necessary to carry out the provisions of this section, including rules and forms governing applications and reports, and defining any terms, whether or not used in this law, insofar as the definitions are not inconsistent with the provisions of this law. For the purpose of rules and forms, the commissioner may classify securities, persons, and matters within his or her jurisdiction, and may prescribe different requirements for different classes.","Under existing law, the Corporate Securities Law of 1968, the Commissioner of Business Oversight regulates the activities of a broker-dealer which is defined as, among other things, any person engaged in the business of effecting securities transactions in California for the account of others or his or her own account, and it specifies those persons or entities excluded from the definition. Existing law requires, among other things, that a broker-dealer apply for and secure a certificate authorizing that person to act in that capacity, unless the person is exempted from this requirement, as prescribed. Existing law prohibits a person acting on behalf of a licensed broker-dealer or an issuer, from effecting any transaction in, or inducing or attempting to induce the purchase or sale of, any security in this state unless the broker-dealer and agent have complied with certain rules. -This bill would exempt from those provisions an individual who is a finder, as defined, who satisfies specified requirements, including, among other things, filing an initial statement of information with the Commissioner of Business Oversight and paying a filing fee.","An act to add Section 25206.1 to the Corporations Code, relating to securities." -592,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 402.1 of the Revenue and Taxation Code is amended to read: -402.1. -(a) In the assessment of land, the assessor shall consider the effect upon value of any enforceable restrictions to which the use of the land may be subjected. These restrictions shall include, but are not limited to, all of the following: -(1) Zoning. -(2) Recorded contracts with governmental agencies other than those provided in Sections 422, 422.5, and 422.7. -(3) Permit authority of, and permits issued by, governmental agencies exercising land use powers concurrently with local governments, including the California Coastal Commission and regional coastal commissions, the San Francisco Bay Conservation and Development Commission, and the Tahoe Regional Planning Agency. -(4) Development controls of a local government in accordance with any local coastal program certified pursuant to Division 20 (commencing with Section 30000) of the Public Resources Code. -(5) Development controls of a local government in accordance with a local protection program, or any component thereof, certified pursuant to Division 19 (commencing with Section 29000) of the Public Resources Code. -(6) Environmental constraints applied to the use of land pursuant to provisions of statutes. -(7) Hazardous waste land use restriction pursuant to Section 25240 of the Health and Safety Code. -(8) A recorded conservation, trail, or scenic easement, as described in Section 815.1 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use. -(9) A solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code. -(10) A contract where the following apply: -(A) The contract is with a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program. -(B) The contract restricts the use of the land for at least 30 years to owner-occupied housing available at affordable housing cost in accordance with Section 50052.5 of the Health and Safety Code. -(C) The contract includes a deed of trust on the property in favor of the nonprofit corporation to ensure compliance with the terms of the program, which has no value unless the owner fails to comply with the covenants and restrictions of the terms of the home sale. -(D) The local housing authority or an equivalent agency, or, if none exists, the city attorney or county counsel, has made a finding that the long-term deed restrictions in the contract serve a public purpose. -(E) The contract is recorded and provided to the assessor. -(b) There is a rebuttable presumption that restrictions will not be removed or substantially modified in the predictable future and that they will substantially equate the value of the land to the value attributable to the legally permissible use or uses. -(c) Grounds for rebutting the presumption may include, but are not necessarily limited to, the past history of like use restrictions in the jurisdiction in question and the similarity of sales prices for restricted and unrestricted land. The possible expiration of a restriction at a time certain shall not be conclusive evidence of the future removal or modification of the restriction unless there is no opportunity or likelihood of the continuation or renewal of the restriction, or unless a necessary party to the restriction has indicated an intent to permit its expiration at that time. -(d) In assessing land with respect to which the presumption is unrebutted, the assessor shall not consider sales of otherwise comparable land not similarly restricted as to use as indicative of value of land under restriction, unless the restrictions have a demonstrably minimal effect upon value. -(e) In assessing land under an enforceable use restriction wherein the presumption of no predictable removal or substantial modification of the restriction has been rebutted, but where the restriction nevertheless retains some future life and has some effect on present value, the assessor may consider, in addition to all other legally permissible information, representative sales of comparable lands that are not under restriction but upon which natural limitations have substantially the same effect as restrictions. -(f) For the purposes of this section the following definitions apply: -(1) “Comparable lands” are lands that are similar to the land being valued in respect to legally permissible uses and physical attributes. -(2) “Representative sales information” is information from sales of a sufficient number of comparable lands to give an accurate indication of the full cash value of the land being valued. -(g) It is hereby declared that the purpose and intent of the Legislature in enacting this section is to provide for a method of determining whether a sufficient amount of representative sales information is available for land under use restriction in order to ensure the accurate assessment of that land. It is also hereby declared that the further purpose and intent of the Legislature in enacting this section and Section 1630 is to avoid an assessment policy which, in the absence of special circumstances, considers uses for land that legally are not available to the owner and not contemplated by government, and that these sections are necessary to implement the public policy of encouraging and maintaining effective land use planning. This statute shall not be construed as requiring the assessment of any land at a value less than as required by Section 401 or as prohibiting the use of representative comparable sales information on land under similar restrictions when this information is available. -SEC. 1.5. -Section 402.1 of the Revenue and Taxation Code is amended to read: -402.1. -(a) In the assessment of land, the assessor shall consider the effect upon value of any enforceable restrictions to which the use of the land may be subjected. These restrictions shall include, but are not limited to, all of the following: -(1) Zoning. -(2) Recorded contracts with governmental agencies other than those provided in Sections 422, 422.5, and 422.7. -(3) Permit authority of, and permits issued by, governmental agencies exercising land use powers concurrently with local governments, including the California Coastal Commission and regional coastal commissions, the San Francisco Bay Conservation and Development Commission, and the Tahoe Regional Planning Agency. -(4) Development controls of a local government in accordance with any local coastal program certified pursuant to Division 20 (commencing with Section 30000) of the Public Resources Code. -(5) Development controls of a local government in accordance with a local protection program, or any component thereof, certified pursuant to Division 19 (commencing with Section 29000) of the Public Resources Code. -(6) Environmental constraints applied to the use of land pursuant to provisions of statutes. -(7) Hazardous waste land use restriction pursuant to Section 25226 of the Health and Safety Code. -(8) (A) A recorded conservation, trail, or scenic easement, as described in Section 815.1 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use. -(B) A recorded greenway easement, as described in Section 816.52 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the developing and preserving of greenways. -(9) A solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code. -(10) A contract where the following apply: -(A) The contract is with a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program. -(B) The contract restricts the use of the land for at least 30 years to owner-occupied housing available at affordable housing cost in accordance with Section 50052.5 of the Health and Safety Code. -(C) The contract includes a deed of trust on the property in favor of the nonprofit corporation to ensure compliance with the terms of the program, which has no value unless the owner fails to comply with the covenants and restrictions of the terms of the home sale. -(D) The local housing authority or an equivalent agency, or, if none exists, the city attorney or county counsel, has made a finding that the long-term deed restrictions in the contract serve a public purpose. -(E) The contract is recorded and provided to the assessor. -(b) There is a rebuttable presumption that restrictions will not be removed or substantially modified in the predictable future and that they will substantially equate the value of the land to the value attributable to the legally permissible use or uses. -(c) Grounds for rebutting the presumption may include, but are not necessarily limited to, the past history of like use restrictions in the jurisdiction in question and the similarity of sales prices for restricted and unrestricted land. The possible expiration of a restriction at a time certain shall not be conclusive evidence of the future removal or modification of the restriction unless there is no opportunity or likelihood of the continuation or renewal of the restriction, or unless a necessary party to the restriction has indicated an intent to permit its expiration at that time. -(d) In assessing land with respect to which the presumption is unrebutted, the assessor shall not consider sales of otherwise comparable land not similarly restricted as to use as indicative of value of land under restriction, unless the restrictions have a demonstrably minimal effect upon value. -(e) In assessing land under an enforceable use restriction wherein the presumption of no predictable removal or substantial modification of the restriction has been rebutted, but where the restriction nevertheless retains some future life and has some effect on present value, the assessor may consider, in addition to all other legally permissible information, representative sales of comparable lands that are not under restriction but upon which natural limitations have substantially the same effect as restrictions. -(f) For the purposes of this section the following definitions apply: -(1) “Comparable lands” are lands that are similar to the land being valued in respect to legally permissible uses and physical attributes. -(2) “Representative sales information” is information from sales of a sufficient number of comparable lands to give an accurate indication of the full cash value of the land being valued. -(g) It is hereby declared that the purpose and intent of the Legislature in enacting this section is to provide for a method of determining whether a sufficient amount of representative sales information is available for land under use restriction to ensure the accurate assessment of that land. It is also hereby declared that the further purpose and intent of the Legislature in enacting this section and Section 1630 is to avoid an assessment policy which, in the absence of special circumstances, considers uses for land that legally are not available to the owner and not contemplated by government, and that these sections are necessary to implement the public policy of encouraging and maintaining effective land use planning. This statute shall not be construed as requiring the assessment of any land at a value less than as required by Section 401 or as prohibiting the use of representative comparable sales information on land under similar restrictions when this information is available. -SEC. 2. -Section 1.5 of this bill incorporates amendments to Section 402.1 of the Revenue and Taxation Code proposed by both this bill and Assembly Bill 1251. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 402.1 of the Revenue and Taxation Code, and (3) this bill is enacted after Assembly Bill 1251, in which case Section 1 of this bill shall not become operative. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the county assessor to consider, when valuing real property for property taxation purposes, the effect of any enforceable restrictions to which the use of the land may be subjected. Under existing law these restrictions include, but are not limited to, zoning, recorded contracts with governmental agencies, and various other restrictions imposed by governments. -Existing property tax law establishes a welfare exemption under which property is exempt from taxation if, among other things, that property is used exclusively for religious, hospital, scientific, or charitable purposes and is owned and operated by an entity, as provided, that is itself organized and operated for those purposes. Under existing property tax law, the welfare exemption applies to property that is owned and operated by a nonprofit corporation, otherwise qualifying for the welfare exemption, that is organized and operated for the purpose of building and rehabilitating single-family or multifamily residences for sale, as provided, at cost to low-income families. -This bill would require the county assessor to consider, when valuing real property for property taxation purposes, a recorded contract with a nonprofit corporation that meets prescribed requirements, including requirements that the nonprofit corporation has received a welfare exemption for properties intended to be sold to low-income families who participate in a special no-interest loan program, and that the contract includes a restriction on the use of the land for at least 30 years to owner-occupied housing available at affordable housing cost. By changing the manner in which county assessors assess property for property taxation purposes, this bill would impose a state-mandated local program. -This bill would incorporate amendments to Section 402.1 of the Revenue and Taxation Code proposed by AB 1251, to be operative only if AB 1251 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 402.1 of the Revenue and Taxation Code, relating to taxation." -593,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11549.3 of the Government Code is amended to read: -11549.3. -(a) The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following: -(1) The creation, updating, and publishing of information security and privacy policies, standards, and procedures for state agencies in the State Administrative Manual. -(2) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies to effectively manage security and risk for both of the following: -(A) Information technology, which includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines. -(B) Information that is identified as mission critical, confidential, sensitive, or personal, as defined and published by the office. -(3) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies for the collection, tracking, and reporting of information regarding security and privacy incidents. -(4) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies in the development, maintenance, testing, and filing of each state agency’s disaster recovery plan. -(5) Coordination of the activities of state agency information security officers, for purposes of integrating statewide security initiatives and ensuring compliance with information security and privacy policies and standards. -(6) Promotion and enhancement of the state agencies’ risk management and privacy programs through education, awareness, collaboration, and consultation. -(7) Representing the state before the federal government, other state agencies, local government entities, and private industry on issues that have statewide impact on information security and privacy. -(b) All state entities defined in Section 11546.1 shall implement the policies and procedures issued by the office, including, but not limited to, performing both of the following duties: -(1) Comply with the information security and privacy policies, standards, and procedures issued pursuant to this chapter by the office. -(2) Comply with filing requirements and incident notification by providing timely information and reports as required by the office. -(c) (1) The office may conduct, or require to be conducted, an independent security assessment of every state agency, department, or office. The cost of the independent security assessment shall be funded by the state agency, department, or office being assessed. -(2) In addition to the independent security assessments authorized by paragraph (1), the office, in consultation with the Office of Emergency Services, shall perform all the following duties: -(A) Annually require no fewer than thirty-five (35) state entities to perform an independent security assessment, the cost of which shall be funded by the state agency, department, or office being assessed. -(B) Determine criteria and rank state entities based on an information security risk index that may include, but not be limited to, analysis of the relative amount of the following factors within state agencies: -(i) Personally identifiable information protected by law. -(ii) Health information protected by law. -(iii) Confidential financial data. -(iv) Self-certification of compliance and indicators of unreported noncompliance with security provisions in the following areas: -(I) Information asset management. -(II) Risk management. -(III) Information security program management. -(IV) Information security incident management. -(V) Technology recovery planning. -(C) Determine the basic standards of services to be performed as part of independent security assessments required by this subdivision. -(3) The Military Department may perform an independent security assessment of any state agency, department, or office, the cost of which shall be funded by the state agency, department, or office being assessed. -(d) State agencies and entities required to conduct or receive an independent security assessment pursuant to subdivision (c) shall transmit the complete results of that assessment and recommendations for mitigating system vulnerabilities, if any, to the office and the Office of Emergency Services. -(e) The office shall report to the Department of Technology and the Office of Emergency Services any state entity found to be noncompliant with information security program requirements. -(f) (1) Notwithstanding any other law, during the process of conducting an independent security assessment pursuant to subdivision (c), information and records concerning the independent security assessment are confidential and shall not be disclosed, except that the information and records may be transmitted to state employees and state contractors who have been approved as necessary to receive the information and records to perform that independent security assessment, subsequent remediation activity, or monitoring of remediation activity. -(2) The results of a completed independent security assessment performed pursuant to subdivision (c), and any related information shall be subject to all disclosure and confidentiality provisions pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), including, but not limited to, Section 6254.19. -(g) The office may conduct or require to be conducted an audit of information security to ensure program compliance, the cost of which shall be funded by the state agency, department, or office being audited. -(h) The office shall notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice regarding any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government. -SEC. 2. -The Legislature finds and declares that Section 1 of this act, which amends Section 11549.3 of the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -The state has a very strong interest in protecting its information technology systems from intrusion, because those systems contain confidential information and play a critical role in the performance of the duties of state government. Thus, information regarding the specific vulnerabilities of those systems must be protected to preclude use of that information to facilitate attacks on those systems.","(1) Existing law establishes, within the Government Operations Agency, the Department of Technology under the supervision of the Director of Technology, who is also known as the State Chief Information Officer. The department is generally responsible for the approval and oversight of information technology projects by, among other things, consulting with state agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs. -Existing law establishes, within the department, the Office of Information Security under the supervision of the Chief of the Office of Information Security. Existing law sets forth the authority of the office, including, but not limited to, the authority to conduct, or require to be conducted, an independent security assessment of any state agency, department, or office, the cost of which is to be funded by the state agency, department, or office being assessed. -This bill would additionally require the office, in consultation with the Office of Emergency Services, to require no fewer than 35 independent security assessments of state entities each year and determine basic standards of services to be performed as part of an independent security assessment. The bill would require the state agency, department, or office being assessed to fund the costs of its independent security assessment. The bill would require the office and the Office of Emergency Services to receive the complete results of an independent security assessment. The bill would prohibit, during the process of conducting an independent security assessment, the disclosure of information and records concerning the independent security assessment, except that the information and records would be authorized to be transmitted to state employees and state contractors with specific duties relating to the independent security assessment. The bill would require the disclosure of the results of a completed independent security assessment under state law. -This bill would require the office, in consultation with the Office of Emergency Services, to rank state entities on an information security risk index, as specified. The bill would require the office to report to the Department of Technology and the Office of Emergency Services any state entity found noncompliant with information security requirements. The bill would further require the office to notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice of any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government. The bill would authorize the office to conduct or require to be conducted an audit of information security to ensure program compliance, the cost of which to be funded by the state agency, department, or office being audited. -This bill would authorize the Military Department to perform an independent security assessment as described above. -This bill would require state entities, as defined, rather than certain information security officers, to comply with policies and procedures issued by the office. The bill would also make technical, nonsubstantive changes. -(2) Existing law requires that a statute that limits the public’s right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings to demonstrate the interest protected by the limitation and the need for protecting that interest. -This bill would limit access to information and records of an ongoing independent security assessment and would make findings to demonstrate the interest protected by the limitation and the need for protecting that interest.","An act to amend Section 11549.3 of the Government Code, relating to technology." -594,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1203.9 of the Penal Code is amended to read: -1203.9. -(a) (1) Except as provided in paragraph (3), whenever a person is released on probation or mandatory supervision, the court, upon noticed motion, shall transfer the case to the superior court in any other county in which the person resides permanently, meaning with the stated intention to remain for the duration of probation or mandatory supervision, unless the transferring court determines that the transfer would be inappropriate and states its reasons on the record. -(2) Upon notice of the motion for transfer, the court of the proposed receiving county may provide comments for the record regarding the proposed transfer, following procedures set forth in rules of court developed by the Judicial Council for this purpose, pursuant to subdivision (f). The court and the probation department shall give the matter of investigating those transfers precedence over all actions or proceedings therein, except actions or proceedings to which special precedence is given by law, to the end that all those transfers shall be completed expeditiously. -(3) If victim restitution was ordered as a condition of probation or mandatory supervision, the transferring court shall determine the amount of restitution before the transfer unless the court finds that the determination cannot be made within a reasonable time from when the motion for transfer is made. If a case is transferred without a determination of the amount of restitution, the transferring court shall complete the determination as soon as practicable. In all other aspects, except as provided in subdivisions (d) and (e), the court of the receiving county shall have full jurisdiction over the matter upon transfer as provided in subdivision (b). -(b) The court of the receiving county shall accept the entire jurisdiction over the case effective the date that the transferring court orders the transfer. -(c) The order of transfer shall contain an order committing the probationer or supervised person to the care and custody of the probation officer of the receiving county and, if applicable, an order for reimbursement of reasonable costs for processing the transfer to be paid to the sending county in accordance with Section 1203.1b. A copy of the orders and any probation reports shall be transmitted to the court and probation officer of the receiving county within two weeks of the finding that the person does permanently reside in or has permanently moved to that county, and the receiving court shall have entire jurisdiction over the case, except as provided in subdivisions (d) and (e), with the like power to again request transfer of the case whenever it seems proper. -(d) (1) Notwithstanding subdivision (b) and except as provided in subdivision (e), if the transferring court has ordered the defendant to pay fines, fees, forfeitures, penalties, assessments, or restitution, the transfer order shall require that those and any other amounts ordered by the transferring court that are still unpaid at the time of transfer be paid by the defendant to the collection program for the transferring court for proper distribution and accounting once collected. -(2) The receiving court and receiving county probation department may impose additional local fees and costs as authorized, and shall notify the responsible collection program for the transferring court of those changes. -(3) Any local fees imposed pursuant to paragraph (2) shall be paid by the defendant to the collection program for the transferring court which shall remit the additional fees and costs to the receiving court for proper accounting and distribution. -(e) (1) Upon approval of a transferring court, a receiving court may elect to collect all of the court-ordered payments from a defendant attributable to the case under which the defendant is being supervised, provided, however, that the collection program for the receiving court transmits the revenue collected to the collection program for the transferring court for deposit, accounting, and distribution. A collection program for the receiving court shall not charge administrative fees for collections performed for the collection program for the transferring court without a written agreement with the other program. -(2) A collection program for a receiving court collecting funds for a collection program for a transferring court pursuant to paragraph (1) shall not report revenue owed or collected on behalf of the collection program for the transferring court as part of those collections required to be reported annually by the court to the Judicial Council. -(f) The Judicial Council shall promulgate rules of court for procedures by which the proposed receiving county shall receive notice of the motion for transfer and by which responsive comments may be transmitted to the court of the transferring county. The Judicial Council shall adopt rules providing factors for the court’s consideration when determining the appropriateness of a transfer, including, but not limited to, the following: -(1) Permanency of residence of the offender. -(2) Local programs available for the offender. -(3) Restitution orders and victim issues. -(g) The Judicial Council shall consider adoption of rules of court as it deems appropriate to implement the collection, accounting, and disbursement requirements of subdivisions (d) and (e).","Existing law requires a court to transfer the case of a person released on probation or mandatory supervision to the superior court in any other county in which the person resides permanently, unless the transferring court determines the transfer would be inappropriate and states its reasons on the record. Existing law requires the court of the receiving county to accept the entire jurisdiction over the case. -This bill would require the receiving court to accept the entire jurisdiction over the case effective the date the transferring court orders the transfer. The bill would provide that when fines, forfeitures, penalties, assessments, or restitution have been ordered by the transferring court and have not been fully paid, those payments would be made to the collecting program for the transferring court for distribution and accounting. The bill would authorize the receiving court and probation department to impose additional local fees and costs, as specified, and would authorize the collection program for the receiving court to collect court-ordered payments from the defendant for transmittal to the collection program for the transferring court, as specified. The bill would require the Judicial Council to consider adoption of rules of court as it deems appropriate to implement the collection, accounting, and disbursement requirements of the bill.","An act to amend Section 1203.9 of the Penal Code, relating to crimes." -595,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 15643 of the Government Code is amended to read: -15643. -(a) (1) The board shall proceed with the surveys of the assessment procedures and practices in the 10 largest counties and cities and counties as rapidly as feasible, and shall repeat or supplement each survey at least once in five years. -(2) The surveys of the 10 largest counties and cities and counties shall include a sampling of assessments on the local assessment rolls as described in Section 15640. The 10 largest counties and cities and counties shall be determined based upon the total value of locally assessed property located in the counties and cities and counties on the lien date that falls within the calendar year of 1995 and every fifth calendar year thereafter. -(b) The board shall, commencing January 1, 2016, and each of the next four calendar years, do all of the following: -(1) (A) Survey the assessment procedures of one qualified county or city and county and conduct a sample of assessments on the local assessment roll of another qualified county or city and county. -(B) For purposes of this paragraph, “qualified county or city and county” means the 11th to the 20th, inclusive, largest counties and cities and counties. The 11th to the 20th, inclusive, largest counties and cities and counties shall be determined based upon the total value of locally assessed property located in the counties and cities and counties on the lien date that falls within the calendar year of 2015 and every fifth calendar year thereafter. -(C) The qualified counties and cities and counties shall be stratified and selected at random by the board, in consultation with the California Assessors’ Association. -(2) (A) Survey the assessment procedures of three qualified counties or cities and counties and conduct a sample of assessments on the local assessment roll of two other qualified counties or cities and counties. -(B) For purposes of this paragraph, “qualified counties or cities and counties” means the 21st to the 58th, inclusive, largest counties and cities and counties. The 21st to the 58th, inclusive, largest counties and cities and counties shall be determined based upon the total value of locally assessed property located in the counties and cities and counties on the lien date that falls within the calendar year 2015 and every fifth calendar year thereafter. -(3) Conduct a sample of assessments on the local assessment roll in a county or city or county that the board determines has significant assessment problems pursuant to Section 75.60 of the Revenue and Taxation Code. -(C) The qualified counties and cities and counties shall be stratified and selected at random by the board, in consultation with the California Assessors’ Association. -(c) The statewide surveys which are limited in scope to specific topics, issues, or problems may be conducted whenever the board determines that a need exists to conduct a survey. -(d) When requested by the legislative body or the assessor of any county or city and county to perform a survey not otherwise scheduled, the board may enter into a contract with the requesting local agency to conduct that survey. The contract may provide for a board sampling of assessments on the local roll. The amount of the contracts shall not be less than the cost to the board, and shall be subject to regulations approved by the Director of General Services. -(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. -SEC. 2. -Section 15643 is added to the Government Code, to read: -15643. -(a) The board shall proceed with the surveys of the assessment procedures and practices in the several counties and cities and counties as rapidly as feasible, and shall repeat or supplement each survey at least once in five years. -(b) The surveys of the 10 largest counties and cities and counties shall include a sampling of assessments on the local assessment rolls as described in Section 15640. In addition, the board shall each year, in accordance with procedures established by the board by regulation, select at random at least three of the remaining counties or cities and counties, and conduct a sample of assessments on the local assessment roll in those counties. If the board finds that a county or city and county has “significant assessment problems,” as provided in Section 75.60 of the Revenue and Taxation Code, a sample of assessments will be conducted in that county or city and county in lieu of a county or city and county selected at random. The 10 largest counties and cities and counties shall be determined based upon the total value of locally assessed property located in the counties and cities and counties on the lien date that falls within the calendar year of 2021 and every fifth calendar year thereafter. -(c) The statewide surveys which are limited in scope to specific topics, issues, or problems may be conducted whenever the board determines that a need exists to conduct a survey. -(d) When requested by the legislative body or the assessor of any county or city and county to perform a survey not otherwise scheduled, the board may enter into a contract with the requesting local agency to conduct that survey. The contract may provide for a board sampling of assessments on the local roll. The amount of the contracts shall not be less than the cost to the board, and shall be subject to regulations approved by the Director of General Services. -(e) This section shall become operative on January 1, 2021. -SEC. 3. -Section 15645 of the Government Code is amended to read: -15645. -(a) Upon completion of a survey of the procedures and practices of a county assessor, the board shall prepare a written survey report setting forth its findings and recommendations and transmit a copy to the assessor. In addition the board may file with the assessor a confidential report containing matters relating to personnel. Before preparing its written survey report, the board shall do both of the following: -(1) Meet with the assessor to discuss and confer on those matters which may be included in the written survey report. -(2) Notify the former assessor if the survey reviews the former assessor’s procedures and practices, and meet with the former assessor, upon his or her request, to discuss and confer on those matters that may be included in the survey report. -(b) Within 30 days after receiving a copy of the survey report, the assessor may file with the board a written response to the findings and recommendations in the survey report. -The board may, for good cause, extend the period for filing the response. -(c) (1) The survey report, together with the assessor’s response, if any, and the board’s comments, if any, shall constitute the final survey report. An addendum to the final survey report shall be published to include a former assessor’s written response to the findings and recommendations in the survey report that reviewed the former assessor’s procedures and practices, if any, and the board’s comments, if any. The final survey report shall be issued by the board as follows: -(A) For any survey commenced before July 1, 2016, within two years after the date the board began the survey. -(B) For any survey commenced on or after July 1, 2016, to June 30, 2017, within 15 months after the date the board began the survey. -(C) For any survey commenced on or after July 1, 2017, within 12 months after the date the board began the survey. -(2) Within a year after receiving a copy of the final survey report, and annually thereafter, no later than the date on which the initial report was issued by the board and until all issues are resolved, the assessor shall file with the board of supervisors a report, indicating the manner in which the assessor has implemented or intends to implement, or the reasons for not implementing, the recommendations of the survey report, with copies of that response being sent to the Governor, the Attorney General, the State Board of Equalization, the Senate and Assembly, and to the grand juries and assessment appeals boards of the counties to which they relate.","Existing law requires the State Board of Equalization to make surveys in each county and city and county to determine the adequacy of the procedures and practices employed by the county assessor in the valuation of property. Existing law requires the board to proceed with the surveys of the assessment procedures and practices in the several counties and cities and counties as rapidly as feasible, and to repeat or supplement each survey at least once in 5 years. Existing law requires the surveys of the 10 largest counties and cities and counties to include a sampling of assessments of the local assessment rolls, and requires the board, each year, to select at random at least 3 of the remaining counties or cities and counties to conduct a sample of assessments on the local assessment roll in those counties. -This bill would eliminate the board’s requirement to select at random at least 3 remaining counties or cities and counties to conduct a sample of assessments on the local assessment roll, and would instead require the board, commencing January 1, 2016, and each of the next 4 calendar years, to survey the assessment procedures of qualified counties or cities and counties and to conduct sample assessments on the local roll of other qualified counties or cities and counties. This bill would define “qualified counties or cities and counties” for these purposes. This bill would additionally require the board to conduct a sample of assessments in a county or city and county that the board determines has significant assessment problems, as specified. This bill would require the qualified counties and cities and counties to be stratified and selected at random by the board, in consultation with the California Assessors’ Association. -Existing law requires the board, upon completion of the survey of the procedures and practices of a county assessor, to prepare a written survey report setting forth its findings and recommendations, and requires the board, before preparing its written survey report, to meet with the assessor to discuss and confer on those matters which may be included in the written survey report. Existing law requires the survey report, together with the assessor’s response and the board’s comments, to constitute the final survey report. Existing law requires the final survey report to be issued by the board within 2 years after the date the board began the survey. -This bill would require the board, before preparing its written survey report, to notify the former assessor if the survey reviews the former assessor’s procedures and practices, and to also meet with the former assessor, upon his or her request if the survey reviews, to discuss and confer on those matters that may be included in the survey report. This bill would require an addendum to the final survey report to be published to include the former assessor’s written response and the board’s comments, if any. This bill would shorten the period of time the board has to issue the final survey report from 2 years to 15 months for any survey commenced on or after July 1, 2016, to June 30, 2017, inclusive, and to 12 months for any survey commenced on or after July 1, 2017.","An act to amend Section 15645, and to amend, repeal, and add Section 15643, of the Government Code, relating to the State Board of Equalization." -596,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2053 of the Elections Code is amended to read: -2053. -The Secretary of State shall establish a Voting Accessibility Advisory Committee. The Secretary of State shall consult with the committee and consider the committee’s recommendations related to improving the accessibility of elections for voters with disabilities. The Secretary of State may implement the committee’s recommendations as he or she deems appropriate. -(a) The committee shall consist of the Secretary of State, his or her designees, and additional members appointed by the Secretary of State. The appointees shall have demonstrated experience with accessibility requirements for voters with disabilities or be a county elections official. -(b) The committee shall serve in an advisory capacity to the Secretary of State and shall do all of the following: -(1) Establish guidelines for reaching as many voters with disabilities as practical. -(2) Make recommendations for improving the availability and accessibility of election materials, including, but not limited to, sample ballots, voter information pamphlets, and vote-by-mail ballots, and their delivery in print or alternative formats to voters with disabilities. -(3) Increase the distribution of public service announcements identifying the availability of election materials for voters with disabilities at least 45 days before any federal, state, and local election. -(4) Make recommendations for improving the accessibility of election materials made available on Internet Web sites that are in compliance with the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. -(5) Promote the Secretary of State’s toll-free voter registration telephone line for citizens needing voter registration information, including information for individuals with disabilities, and the California State Library and regional library services for individuals who are unable to read conventional print due to a visual, intellectual, learning, physical, or any other disability. -(6) Make recommendations for providing voters with disabilities the same access and participation as is provided to other voters who are not disabled, including the ability to vote privately and independently. -(7) Establish subcommittees to further the scope and purposes of the committee as they relate to improving voter services and access for individuals with disabilities, including, but not limited to, visually impaired voters and deaf or hard of hearing voters. -(8) Promote the use of plain language and alternative formats for election materials. -(9) Make recommendations for materials to train poll workers on issues related to serving voters with disabilities and providing accessible voting locations. -(c) A member shall not receive compensation, but each member shall be reimbursed for his or her reasonable and necessary expenses in connection with service on the committee. -SEC. 2. -Section 9082.7 of the Elections Code is amended to read: -9082.7. -(a) The Secretary of State shall make available the complete state ballot pamphlet over the Internet. The online version of the state ballot pamphlet shall contain all of the following: -(1) For each candidate listed in the pamphlet, a means to access campaign contribution disclosure reports for the candidate that are available online. -(2) For each state ballot measure listed in the pamphlet, a means to access the consolidated information specified in subdivision (b). -(b) The Secretary of State shall create an Internet Web site, or use other available technology, to consolidate information about each state ballot measure in a manner that is easy for voters to access and understand. The information shall include all of the following: -(1) A summary of the ballot measure’s content. -(2) The total amount of reported contributions made in support of and opposition to the ballot measure, calculated and updated as follows: -(A) (i) The total amount of contributions in support of the ballot measure shall be calculated by adding together the total amounts of contributions made in support of the ballot measure and reported in semiannual statements required by Section 84200 of the Government Code, preelection statements required by Section 84200.5 of the Government Code, campaign statements required by Section 84202.3 of the Government Code, and late contribution reports required by Section 84203 of the Government Code that are reported within 16 days of the election at which the measure will appear on the ballot. -(ii) The total amount of contributions in opposition to the ballot measure shall be calculated by adding together the total amounts of contributions made in opposition to the ballot measure and reported in semiannual statements required by Section 84200 of the Government Code, preelection statements required by Section 84200.5 of the Government Code, campaign statements required by Section 84202.3 of the Government Code, and late contribution reports required by Section 84203 of the Government Code that are reported within 16 days of the election at which the measure will appear on the ballot. -(iii) For purposes of determining the total amount of reported contributions pursuant to this subparagraph, the Secretary of State shall, to the extent practicable with respect to committees primarily formed to support or oppose a ballot measure, do both of the following: -(I) Ensure that transfers of funds between primarily formed committees are not counted twice. -(II) Treat a contribution made to a primarily formed committee that supports or opposes more than one state ballot measure as if the total amount of that contribution was made for each state ballot measure that the committee supports or opposes. -(B) The total amount of reported contributions calculated under this paragraph for each state ballot measure shall be updated not later than five business days after receipt of a semiannual statement, campaign statement, or preelection statement and not later than two business days after receipt of a late contribution report within 16 days of the election at which the measure will appear on the ballot. -(C) The total amount of reported contributions calculated under this paragraph for each state ballot measure shall be accompanied by an explanation that the contribution totals may be overstated due to the inclusion of contributions made to committees supporting or opposing more than one state ballot measure, as required by subclause (II) of clause (iii) of subparagraph (A). -(3) A current list of the top 10 contributors supporting and opposing the ballot measure, if compiled by the Fair Political Practices Commission pursuant to subdivision (e) of Section 84223 of the Government Code. -(4) (A) A list of each committee primarily formed to support or oppose the ballot measure, as described in Section 82047.5 of the Government Code, and a means to access information about the sources of funding reported for each committee. -(B) Information about the sources of contributions shall be updated as new information becomes available to the public pursuant to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). -(C) If a committee identified in subparagraph (A) receives one million dollars ($1,000,000) or more in contributions for an election, the Secretary of State shall provide a means to access online information about the committee’s top 10 contributors reported to the Fair Political Practices Commission pursuant to subdivision (a) of Section 84223 of the Government Code. -(D) Notwithstanding paragraph (1) of subdivision (c) of Section 84223 of the Government Code, the Fair Political Practices Commission shall automatically provide any list of top 10 contributors created pursuant to Section 84223 of the Government Code, and any subsequent updates to that list, to the Secretary of State for purposes of compliance with this section. -(5) Any other information deemed relevant by the Secretary of State. -(c) Information made available over the Internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. The Secretary of State may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053. -SEC. 3. -Section 13300.7 of the Elections Code is amended to read: -13300.7. -Notwithstanding any other law, county and city elections officials may establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the county’s or city’s Internet Web site, provided that all of the following conditions are met: -(a) The procedures establish a method of providing notice of and an opportunity by which a voter can notify elections officials of his or her desire to obtain ballot materials electronically in lieu of receiving them by mail. -(b) The voter email address or any other information provided by the voter under this section remains confidential pursuant to Section 6254.4 of the Government Code and Section 2194 of this code. -(c) The procedures provide notice and opportunity for a voter who has opted out of receiving a sample ballot and other materials by mail to opt back into receiving them by mail. -(d) The procedures establish a process by which a voter can apply electronically to become a vote by mail voter. -(e) A voter may only opt out of, or opt back into, receiving his or her sample ballot and other ballot materials by mail if the elections official receives the request and can process it prior to the statutory deadline for the mailing of those materials for the next election, pursuant to Section 13303. If a voter misses this deadline, the request shall take effect the following election. -(f) The procedures shall include a verification process to confirm the voter’s identity, either in writing with a signature card that can be matched to the one on file with the elections official, or if the request is submitted electronically, it shall contain the voter’s California driver’s license number, California identification number, or a partial social security number. -(g) Information made available over the Internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. Election officials may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053, and of any local Voting Accessibility Advisory Committee created pursuant to the guidelines promulgated by the Secretary of State related to the accessibility of polling places by the physically handicapped.","Existing law, the Visually Impaired Voter Assistance Act of 1989, requires the Secretary of State to establish a Visually Impaired Voter Assistance Board and prescribes the composition of the board, as specified. Under existing law the board is required to, among other things, make recommendations to the Secretary of State for improving the availability and accessibility of ballot pamphlet audio recordings and their delivery to visually impaired voters. Existing law also requires the Secretary of State to make available the complete state ballot pamphlet over the Internet, which is required to include specified information. Existing law further authorizes county and city elections officials to establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the county’s or city’s Internet Web site, as specified. -This bill would rename the board as the Voting Accessibility Advisory Committee and would instead require the committee to advise the Secretary of State on improving the accessibility of elections, including election materials, as specified, for all voters with disabilities, and would revise the composition of the committee, as specified. The bill would require the Secretary of State to consult with the committee and consider the committee’s recommendations, which the Secretary of State could implement at his or her discretion. The bill would also require the committee to make additional recommendations to the Secretary of State for improving the accessibility of election materials made available over the Internet, and would require the elections materials made available over the Internet to meet or exceed certain standards and guidelines, as specified. The bill would further require the committee to make recommendations for providing voters with disabilities the same access and participation as is provided to other voters who are not disabled, including the ability to vote privately and independently.","An act to amend Sections 2053, 9082.7, and 13300.7 of the Elections Code, relating to elections." -597,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 27561.5 is added to the Food and Agricultural Code, to read: -27561.5. -(a) The department may refuse to issue, or may suspend or revoke, a certificate of registration if either of the following occur: -(1) The applicant fails to pay in full by the due date a fine, fee, assessment, or penalty levied by the department for a violation of this chapter, including a violation that occurred before January 1, 2016. -(2) The applicant has violated a provision of this chapter or any regulation adopted to implement this chapter. -(b) The department may reverse its refusal to issue or its suspension or revocation of a certificate of registration if the department finds substantial grounds to do so. -(c) (1) The department shall adopt regulations that do both of the following: -(A) Establish procedures for an appeals process, including a noticed hearing, for a person who wishes to contest the department’s refusal to issue a certificate of registration or the department’s suspension or revocation of a certificate of registration. -(B) Specify the maximum time period following the refusal to issue, suspension, or revocation of a certificate of registration during which the applicant shall not reapply for another egg handler or egg producer certificate of registration. The time period shall be based on the severity or number of violations of this chapter, and shall not exceed three years from the date of the original refusal to issue, suspension, or revocation of the certificate of registration. -(2) Regulations adopted pursuant to this section shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. -SEC. 2. -Section 27581.1 is added to the Food and Agricultural Code, to read: -27581.1. -(a) On or before January 1, 2017, the secretary shall adopt regulations classifying violations of this chapter, or any regulation adopted pursuant to this chapter, as “minor,” subject to a penalty from fifty dollars ($50) to four hundred dollars ($400), inclusive, “moderate,” subject to a penalty from four hundred one dollars ($401) to one thousand dollars ($1,000), inclusive, or “serious,” subject to a penalty from one thousand one dollars ($1,001) to ten thousand dollars ($10,000), inclusive. -(b) The penalty schedule described in this section shall apply to civil penalties imposed pursuant to Section 27581.4 and administrative penalties imposed pursuant to Section 27583. -(c) The department shall post on its Internet Web site when the penalty schedule described in this section has been adopted. -SEC. 3. -Section 27581.4 of the Food and Agricultural Code is amended to read: -27581.4. -(a) The secretary, or a commissioner for violations in his or her county, may bring a civil action against any person who violates this chapter or any regulation adopted pursuant to this chapter, and any person who commits that violation is liable civilly in an amount not to exceed ten thousand dollars ($10,000). The court shall set the civil penalty imposed for a violation of this chapter, or any regulation adopted pursuant to this chapter, in accordance with the penalty schedule adopted by the secretary pursuant to Section 27581.1. -(b) Any money recovered by the secretary under this section shall be deposited in the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose. -(c) Any money recovered by a commissioner under this section shall be deposited in the county’s general fund. -SEC. 4. -Section 27583 is added to the Food and Agricultural Code, to read: -27583. -(a) In lieu of prosecution, the secretary or the commissioner may levy an administrative penalty, in an amount not to exceed ten thousand dollars ($10,000) and in accordance with Section 27583.2 or 27583.4, as applicable, against a person who violates this chapter or any regulation implemented pursuant to this chapter. Commencing on the date the department posts notice of the adoption of the penalty schedule described in Section 27581.1, a penalty levied pursuant to this section shall be in accordance with that schedule. -(b) “Person,” as used in this section, means anyone engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs for market or who engages in the operation of selling or marketing eggs that he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or otherwise pursuant to this chapter. -SEC. 5. -Section 27583.2 is added to the Food and Agricultural Code, to read: -27583.2. -If the secretary levies an administrative penalty pursuant to Section 27583, the following shall apply: -(a) The person charged with the violation shall be notified of the proposed action in accordance with subdivision (b). The notice shall include the nature of the violation, the amount of the proposed administrative penalty, and the right to request a hearing to appeal the administrative action. -(b) (1) Notice shall be sent by certified mail to one of the following: -(A) The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter. -(B) The address of an agent for service of process for the person charged, as filed with the Secretary of State. -(C) If an address described in subparagraph (A) or (B) is not available, the last known address of the person charged. -(2) Notice that is sent to any of the addresses described in paragraph (1) shall be considered received, even if delivery is refused or if the notice is not accepted at that address. -(3) The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action. -(c) If a hearing is requested, the secretary shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the secretary’s evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the secretary may take the proposed action without a hearing. -(d) The secretary shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately. -(e) The secretary shall send a copy of the notice of the proposed action to the commissioner of the county in which the violation took place at the same time notice is sent pursuant to subdivision (b). Additionally, the secretary shall inform the commissioner of the county in which the action was initiated of violations for which a penalty has been assessed. -(f) If the proposed action is not overturned, in addition to the levy of an administrative penalty, the secretary may recover from the person charged any other reasonable costs incurred by the department in connection with administering the hearing to appeal the proposed action. -(g) Revenues collected by the secretary pursuant to this section shall be deposited into the Department of Food and Agriculture Fund for use by the department in administering this chapter, when appropriated to the department for that purpose. -SEC. 6. -Section 27583.4 is added to the Food and Agricultural Code, to read: -27583.4. -If a commissioner levies an administrative penalty pursuant to Section 27583, the following shall apply: -(a) (1) Before an administrative penalty is levied, the person charged with the violation shall receive written notice of the proposed action in accordance with paragraph (2). The notice shall include the nature of the violation, the amount of the proposed penalty, and the right to request a hearing to appeal the administrative action. -(2) (A) Notice shall be sent by certified mail to one of the following: -(i) The address of the person charged, as provided by any license or registration issued by the department, which is not limited to a certificate of registration issued pursuant to this chapter. -(ii) The address of an agent for service of process for the person charged, as filed with the Secretary of State. -(iii) If an address described in clause (i) or (ii) is not available, the last known address of the person charged. -(B) Notice that is sent to any of the addresses described in subparagraph (A) shall be considered received, even if delivery is refused or if the notice is not accepted at that address. -(C) The person charged shall have the right to appeal the proposed action by requesting a hearing within 20 days of the issuance of the notice of the proposed action. -(3) If a hearing is requested, the commissioner shall schedule a hearing within 45 days of the request, with notice of the time and place of the hearing given at least 10 days before the date of the hearing. At the hearing, the person charged shall be given an opportunity to review the commissioner’s evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the commissioner may take the proposed action without a hearing. If the person charged, or his or her legal representative, fails to appear, the commissioner shall prevail in the proceedings. -(4) The commissioner shall issue a decision within 30 days of the conclusion of the hearing, which shall become effective immediately. -(5) The commissioner shall send a copy of the notice of the proposed action to the secretary at the same time notice is sent to the person charged with the violation. -(b) If the person, upon whom the commissioner levied an administrative penalty, requested and appeared at a hearing, the person may appeal the commissioner’s decision to the secretary within 30 days of the date of receiving a copy of the commissioner’s decision. The following procedures apply to the appeal: -(1) The appeal shall be in writing and signed by the appellant or his or her authorized agent, state the grounds for the appeal, and include a copy of the commissioner’s decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the secretary. -(2) The appellant and the commissioner, at the time of filing the appeal, within 10 days thereafter, or at a later time prescribed by the secretary, may present the record of the hearing and a written argument to the secretary stating the ground for affirming, modifying, or reversing the commissioner’s decision. -(3) The secretary may grant oral arguments upon application made at the time written arguments are filed. -(4) If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set for oral argument. The times may be altered by mutual agreement of the appellant, the commissioner, and the secretary. -(5) The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that he or she has received. If the secretary finds substantial evidence in the record to support the commissioner’s decision, the secretary shall affirm the decision. -(6) The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practical. -(7) On an appeal pursuant to this section, the secretary may affirm the commissioner’s decision, modify the commissioner’s decision by reducing or increasing the amount of the penalty levied so that it is consistent with the penalty schedule described in Section 27581.1, or reverse the commissioner’s decision. An administrative penalty increased by the secretary shall not be higher than that proposed in the commissioner’s notice of proposed action given pursuant to subdivision (a). A copy of the secretary’s decision shall be delivered or mailed to the appellant and the commissioner. -(8) Any person who does not request a hearing with the commissioner pursuant to an administrative penalty assessed under subdivision (a) shall not file an appeal to the secretary pursuant to this subdivision. -(c) If the proposed action is not overturned, in addition to the levy of an administrative penalty, the commissioner may recover from the person charged any other reasonable costs incurred by the commissioner in connection with administering the hearing to appeal the proposed action. -(d) Revenues from administrative penalties levied by the commissioner shall be deposited in the general fund of the county and, upon appropriation by the board of supervisors, shall be used by the commissioner to carry out his or her responsibilities under this chapter. The commissioner shall inform the secretary of any violations for which a penalty has been assessed. -SEC. 7. -Section 27584 is added to the Food and Agricultural Code, to read: -27584. -If a respondent in an administrative action agrees to stipulate to the notice of proposed action, a signed stipulation with the payment of the proposed administrative penalty shall be returned to the commissioner or secretary, as applicable, within 45 days of the postmark of the notice of the proposed action. If the stipulation and payment of the proposed administrative penalty are not received within 45 days, the commissioner or the secretary may file a certified copy of a final decision that directs the payment of an administrative penalty with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section. -SEC. 8. -Section 27585 is added to the Food and Agricultural Code, to read: -27585. -After the exhaustion of the appeal and review of procedures provided in this article, the secretary or commissioner, or his or her representative, may file a certified copy of a final decision that directs the payment of an administrative penalty, and, if applicable, a copy of any decision of the secretary, or his or her authorized representative, and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, no fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.","Existing law establishes a regulatory scheme for the marketing of shell eggs, and requires egg producers and egg handlers to register with the Secretary of Food and Agriculture. A violation of those provisions or regulations adopted pursuant to those provisions is unlawful, and for certain violations, punishable as a misdemeanor. Existing law also authorizes the secretary, in lieu of seeking prosecution for the violation, to bring a civil action for up to $1,000 for the violation. -This bill would authorize the Department of Food and Agriculture to refuse to issue, or to suspend or revoke, an egg handler or egg producer certificate of registration under certain circumstances and would require the department to adopt regulations to establish procedures for an appeals process to contest the refusal to issue a certificate of registration or the department’s suspension or revocation of a certificate of registration. The bill would increase the civil penalty amount to $10,000 and would also authorize a county agricultural commissioner to bring a civil action. The bill would also authorize the secretary or a county agricultural commissioner, in lieu of prosecution, to levy an administrative penalty of up to $10,000 for a violation of those provisions. The bill would require the secretary, on or before January 1, 2017, to adopt regulations classifying violations of these egg provisions as either “minor,” “moderate,” or “serious,” with different penalty ranges applicable to each classification, as specified, and would apply these amounts to both civil penalties and administrative penalties. The bill would set forth notice and other procedural requirements for bringing and resolving an administrative action pursuant to those provisions, and would require the funds recovered by the county agricultural commissioner to be deposited in the county’s general fund, and funds collected by the secretary to be deposited into the Department of Food and Agriculture Fund for use by the department in administering these provisions, when appropriated to the department for that purpose.","An act to amend Section 27581.4 of, and to add Sections 27561.5, 27581.1, 27583, 27583.2, 27583.4, 27584, and 27585 to, the Food and Agricultural Code, relating to eggs." -598,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14132.100 of the Welfare and Institutions Code is amended to read: -14132.100. -(a) The federally qualified health center services described in Section 1396d(a)(2)(C) of Title 42 of the United States Code are covered benefits. -(b) The rural health clinic services described in Section 1396d(a)(2)(B) of Title 42 of the United States Code are covered benefits. -(c) Federally qualified health center services and rural health clinic services shall be reimbursed on a per-visit basis in accordance with the definition of “visit” set forth in subdivision (g). -(d) Effective October 1, 2004, and on each October 1, thereafter, until no longer required by federal law, federally qualified health center (FQHC) and rural health clinic (RHC) per-visit rates shall be increased by the Medicare Economic Index applicable to primary care services in the manner provided for in Section 1396a(bb)(3)(A) of Title 42 of the United States Code. Prior to January 1, 2004, FQHC and RHC per-visit rates shall be adjusted by the Medicare Economic Index in accordance with the methodology set forth in the state plan in effect on October 1, 2001. -(e) (1) An FQHC or RHC may apply for an adjustment to its per-visit rate based on a change in the scope of services provided by the FQHC or RHC. Rate changes based on a change in the scope of services provided by an FQHC or RHC shall be evaluated in accordance with Medicare reasonable cost principles, as set forth in Part 413 (commencing with Section 413.1) of Title 42 of the Code of Federal Regulations, or its successor. -(2) Subject to the conditions set forth in subparagraphs (A) to (D), inclusive, of paragraph (3), a change in scope of service means any of the following: -(A) The addition of a new FQHC or RHC service that is not incorporated in the baseline prospective payment system (PPS) rate, or a deletion of an FQHC or RHC service that is incorporated in the baseline PPS rate. -(B) A change in service due to amended regulatory requirements or rules. -(C) A change in service resulting from relocating or remodeling an FQHC or RHC. -(D) A change in types of services due to a change in applicable technology and medical practice utilized by the center or clinic. -(E) An increase in service intensity attributable to changes in the types of patients served, including, but not limited to, populations with HIV or AIDS, or other chronic diseases, or homeless, elderly, migrant, or other special populations. -(F) Any changes in any of the services described in subdivision (a) or (b), or in the provider mix of an FQHC or RHC or one of its sites. -(G) Changes in operating costs attributable to capital expenditures associated with a modification of the scope of any of the services described in subdivision (a) or (b), including new or expanded service facilities, regulatory compliance, or changes in technology or medical practices at the center or clinic. -(H) Indirect medical education adjustments and a direct graduate medical education payment that reflects the costs of providing teaching services to interns and residents. -(I) Any changes in the scope of a project approved by the federal Health Resources and -Service -Services -Administration (HRSA). -(3) No change in costs shall, in and of itself, be considered a scope-of-service change unless all of the following apply: -(A) The increase or decrease in cost is attributable to an increase or decrease in the scope of services defined in subdivisions (a) and (b), as applicable. -(B) The cost is allowable under Medicare reasonable cost principles set forth in Part 413 (commencing with Section 413) of Subchapter B of Chapter 4 of Title 42 of the Code of Federal Regulations, or its successor. -(C) The change in the scope of services is a change in the type, intensity, duration, or amount of services, or any combination thereof. -(D) The net change in the FQHC’s or RHC’s rate equals or exceeds 1.75 percent for the affected FQHC or RHC site. For FQHCs and RHCs that filed consolidated cost reports for multiple sites to establish the initial prospective payment reimbursement rate, the 1.75-percent threshold shall be applied to the average per-visit rate of all sites for the purposes of calculating the cost associated with a scope-of-service change. “Net change” means the per-visit rate change attributable to the cumulative effect of all increases and decreases for a particular fiscal year. -(4) An FQHC or RHC may submit requests for scope-of-service changes once per fiscal year, only within 90 days following the beginning of the FQHC’s or RHC’s fiscal year. Any approved increase or decrease in the provider’s rate shall be retroactive to the beginning of the FQHC’s or RHC’s fiscal year in which the request is submitted. -(5) An FQHC or RHC shall submit a scope-of-service rate change request within 90 days of the beginning of any FQHC or RHC fiscal year occurring after the effective date of this section, if, during the FQHC’s or RHC’s prior fiscal year, the FQHC or RHC experienced a decrease in the scope of services provided that the FQHC or RHC either knew or should have known would have resulted in a significantly lower per-visit rate. If an FQHC or RHC discontinues providing onsite pharmacy or dental services, it shall submit a scope-of-service rate change request within 90 days of the beginning of the following fiscal year. The rate change shall be effective as provided for in paragraph (4). As used in this paragraph, “significantly lower” means an average per-visit rate decrease in excess of 2.5 percent. -(6) Notwithstanding paragraph (4), if the approved scope-of-service change or changes were initially implemented on or after the first day of an FQHC’s or RHC’s fiscal year ending in calendar year 2001, but before the adoption and issuance of written instructions for applying for a scope-of-service change, the adjusted reimbursement rate for that scope-of-service change shall be made retroactive to the date the scope-of-service change was initially implemented. Scope-of-service changes under this paragraph shall be required to be submitted within the later of 150 days after the adoption and issuance of the written instructions by the department, or 150 days after the end of the FQHC’s or RHC’s fiscal year ending in 2003. -(7) All references in this subdivision to “fiscal year” shall be construed to be references to the fiscal year of the individual FQHC or RHC, as the case may be. -(f) (1) An FQHC or RHC may request a supplemental payment if extraordinary circumstances beyond the control of the FQHC or RHC occur after December 31, 2001, and PPS payments are insufficient due to these extraordinary circumstances. Supplemental payments arising from extraordinary circumstances under this subdivision shall be solely and exclusively within the discretion of the department and shall not be subject to subdivision (l). These supplemental payments shall be determined separately from the scope-of-service adjustments described in subdivision (e). Extraordinary circumstances include, but are not limited to, acts of nature, changes in applicable requirements in the Health and Safety Code, changes in applicable licensure requirements, and changes in applicable rules or regulations. Mere inflation of costs alone, absent extraordinary circumstances, shall not be grounds for supplemental payment. If an FQHC’s or RHC’s PPS rate is sufficient to cover its overall costs, including those associated with the extraordinary circumstances, then a supplemental payment is not warranted. -(2) The department shall accept requests for supplemental payment at any time throughout the prospective payment rate year. -(3) Requests for supplemental payments shall be submitted in writing to the department and shall set forth the reasons for the request. Each request shall be accompanied by sufficient documentation to enable the department to act upon the request. Documentation shall include the data necessary to demonstrate that the circumstances for which supplemental payment is requested meet the requirements set forth in this section. Documentation shall include all of the following: -(A) A presentation of data to demonstrate reasons for the FQHC’s or RHC’s request for a supplemental payment. -(B) Documentation showing the cost implications. The cost impact shall be material and significant, two hundred thousand dollars ($200,000) or 1 percent of a facility’s total costs, whichever is less. -(4) A request shall be submitted for each affected year. -(5) Amounts granted for supplemental payment requests shall be paid as lump-sum amounts for those years and not as revised PPS rates, and shall be repaid by the FQHC or RHC to the extent that it is not expended for the specified purposes. -(6) The department shall notify the provider of the department’s discretionary decision in writing. -(g) (1) An FQHC or RHC “visit” means a face-to-face encounter between an FQHC or RHC patient and a physician, physician assistant, nurse practitioner, certified nurse-midwife, clinical psychologist, licensed clinical social worker, -marriage and family therapist, -or a visiting nurse. For purposes of this section, “physician” shall be interpreted in a manner consistent with the Centers for Medicare and Medicaid Services’ Medicare Rural Health Clinic and Federally Qualified Health Center Manual (Publication 27), or its successor, only to the extent that it defines the professionals whose services are reimbursable on a per-visit basis and not as to the types of services that these professionals may render during these visits and shall include a physician and surgeon, podiatrist, dentist, optometrist, and chiropractor. A visit shall also include a face-to-face encounter between an FQHC or RHC patient and a comprehensive perinatal services practitioner, as defined in Section 51179.1 of Title 22 of the California Code of Regulations, providing comprehensive perinatal services, a four-hour day of attendance at an adult day health care center, and any other provider identified in the state plan’s definition of an FQHC or RHC visit. -(2) (A) A visit shall also include a face-to-face encounter between an FQHC or RHC patient and a dental hygienist or a dental hygienist in alternative practice. -(B) Notwithstanding subdivision (e), an FQHC or RHC that currently includes the cost of the services of a dental hygienist in alternative practice for the purposes of establishing its FQHC or RHC rate shall apply for an adjustment to its per-visit rate, and, after the rate adjustment has been approved by the department, shall bill these services as a separate visit. However, multiple encounters with dental professionals that take place on the same day shall constitute a single visit. The department shall develop the appropriate forms to determine which FQHC’s or RHC rates shall be adjusted and to facilitate the calculation of the adjusted rates. An FQHC’s or RHC’s application for, or the department’s approval of, a rate adjustment pursuant to this subparagraph shall not constitute a change in scope of service within the meaning of subdivision (e). An FQHC or RHC that applies for an adjustment to its rate pursuant to this subparagraph may continue to bill for all other FQHC or RHC visits at its existing per-visit rate, subject to reconciliation, until the rate adjustment for visits between an FQHC or RHC patient and a dental hygienist or a dental hygienist in alternative practice has been approved. Any approved increase or decrease in the provider’s rate shall be made within six months after the date of receipt of the department’s rate adjustment forms pursuant to this subparagraph and shall be retroactive to the beginning of the fiscal year in which the FQHC or RHC submits the request, but in no case shall the effective date be earlier than January 1, 2008. -(C) An FQHC or RHC that does not provide dental hygienist or dental hygienist in alternative practice services, and later elects to add these services, shall process the addition of these services as a change in scope of service pursuant to subdivision (e). -(h) If FQHC or RHC services are partially reimbursed by a third-party payer, such as a managed care entity (as defined in Section 1396u-2(a)(1)(B) of Title 42 of the United States Code), the Medicare Program, or the Child Health and Disability Prevention (CHDP) program, the department shall reimburse an FQHC or RHC for the difference between its per-visit PPS rate and receipts from other plans or programs on a contract-by-contract basis and not in the aggregate, and may not include managed care financial incentive payments that are required by federal law to be excluded from the calculation. -(i) (1) An entity that first qualifies as an FQHC or RHC in the year 2001 or later, a newly licensed facility at a new location added to an existing FQHC or RHC, and any entity that is an existing FQHC or RHC that is relocated to a new site shall each have its reimbursement rate established in accordance with one of the following methods, as selected by the FQHC or RHC: -(A) The rate may be calculated on a per-visit basis in an amount that is equal to the average of the per-visit rates of three comparable FQHCs or RHCs located in the same or adjacent area with a similar caseload. -(B) In the absence of three comparable FQHCs or RHCs with a similar caseload, the rate may be calculated on a per-visit basis in an amount that is equal to the average of the per-visit rates of three comparable FQHCs or RHCs located in the same or an adjacent service area, or in a reasonably similar geographic area with respect to relevant social, health care, and economic characteristics. -(C) At a new entity’s one-time election, the department shall establish a reimbursement rate, calculated on a per-visit basis, that is equal to 100 percent of the projected allowable costs to the FQHC or RHC of furnishing FQHC or RHC services during the first 12 months of operation as an FQHC or RHC. After the first 12-month period, the projected per-visit rate shall be increased by the Medicare Economic Index then in effect. The projected allowable costs for the first 12 months shall be cost settled and the prospective payment reimbursement rate shall be adjusted based on actual and allowable cost per visit. -(D) The department may adopt any further and additional methods of setting reimbursement rates for newly qualified FQHCs or RHCs as are consistent with Section 1396a(bb)(4) of Title 42 of the United States Code. -(2) In order for an FQHC or RHC to establish the comparability of its caseload for purposes of subparagraph (A) or (B) of paragraph (1), the department shall require that the FQHC or RHC submit its most recent annual utilization report as submitted to the Office of Statewide Health Planning and Development, unless the FQHC or RHC was not required to file an annual utilization report. FQHCs or RHCs that have experienced changes in their services or caseload subsequent to the filing of the annual utilization report may submit to the department a completed report in the format applicable to the prior calendar year. FQHCs or RHCs that have not previously submitted an annual utilization report shall submit to the department a completed report in the format applicable to the prior calendar year. The FQHC or RHC shall not be required to submit the annual utilization report for the comparable FQHCs or RHCs to the department, but shall be required to identify the comparable FQHCs or RHCs. -(3) The rate for any newly qualified entity set forth under this subdivision shall be effective retroactively to the later of the date that the entity was first qualified by the applicable federal agency as an FQHC or RHC, the date a new facility at a new location was added to an existing FQHC or RHC, or the date on which an existing FQHC or RHC was relocated to a new site. The FQHC or RHC shall be permitted to continue billing for Medi-Cal covered benefits on a fee-for-service basis until it is informed of its enrollment as an FQHC or RHC, and the department shall reconcile the difference between the fee-for-service payments and the FQHC’s or RHC’s prospective payment rate at that time. -(j) Visits occurring at an intermittent clinic site, as defined in subdivision (h) of Section 1206 of the Health and Safety Code, of an existing FQHC or RHC, or in a mobile unit as defined by paragraph (2) of subdivision (b) of Section 1765.105 of the Health and Safety Code, shall be billed by and reimbursed at the same rate as the FQHC or RHC establishing the intermittent clinic site or the mobile unit, subject to the right of the FQHC or RHC to request a scope-of-service adjustment to the rate. -(k) An FQHC or RHC may elect to have pharmacy or dental services reimbursed on a fee-for-service basis, utilizing the current fee schedules established for those services. These costs shall be adjusted out of the FQHC’s or RHC’s clinic base rate as scope-of-service changes. An FQHC or RHC that reverses its election under this subdivision shall revert to its prior rate, subject to an increase to account for all MEI increases occurring during the intervening time period, and subject to any increase or decrease associated with applicable scope-of-services adjustments as provided in subdivision (e). -(l) FQHCs and RHCs may appeal a grievance or complaint concerning ratesetting, scope-of-service changes, and settlement of cost report audits, in the manner prescribed by Section 14171. The rights and remedies provided under this subdivision are cumulative to the rights and remedies available under all other provisions of law of this state. -(m) The department shall, by no later than March 30, 2008, promptly seek all necessary federal approvals in order to implement this section, including any amendments to the state plan. To the extent that any element or requirement of this section is not approved, the department shall submit a request to the federal Centers for Medicare and Medicaid Services for any waivers that would be necessary to implement this section. -(n) The department shall implement this section only to the extent that federal financial participation is obtained.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law provides that federally qualified health center services and rural health clinic services, as defined, are covered benefits under the Medi-Cal program, to be reimbursed, to the extent that federal financial participation is obtained, to providers on a per-visit basis. “Visit” is defined as a face-to-face encounter between a patient of a federally qualified health center or a rural health clinic and specified health care professionals. -This bill would include a marriage and family therapist within those health care professionals covered under that definition.","An act to amend Section 14132.100 of the Welfare and Institutions Code, relating to Medi-Cal." -599,"The people of the State of California do enact as follows: - - -SECTION 1. -Part 20 (commencing with Section 870) is added to Division 2 of the Probate Code, to read: -PART 20. Revised Uniform Fiduciary Access to Digital Assets Act -870. -This part shall be known, and may be cited, as the Revised Uniform Fiduciary Access to Digital Assets Act. -871. -As used in this part, the following terms shall have the following meanings: -(a) “Account” means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. -(b) “Carries” means engages in the transmission of electronic communications. -(c) “Catalogue of electronic communications” means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. -(d) “Content of an electronic communication” means information concerning the substance or meaning of the communication, which meets all of the following requirements: -(1) Has been sent or received by a user. -(2) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public. -(3) Is not readily accessible to the public. -(e) “Court” means the superior court presiding over the judicial proceedings which have been initiated under this code to administer the estate of the deceased user, or, if none, the superior court sitting in the exercise of jurisdiction under this code in the county of the user’s domicile, and the court, as defined in this section, shall have exclusive jurisdiction over proceedings brought under this part. -(f) “Custodian” means a person that carries, maintains, processes, receives, or stores a digital asset of a user. -(g) “Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user. -(h) “Digital asset” means an electronic record in which an individual has a right or interest. The term “digital asset” does not include an underlying asset or liability, unless the asset or liability is itself an electronic record. -(i) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. -(j) “Electronic communication” has the same meaning as the definition in Section 2510(12) of Title 18 of the United States Code. -(k) “Electronic communication service” means a custodian that provides to a user the ability to send or receive an electronic communication. -(l) “Fiduciary” means an original, additional, or successor personal representative or trustee. -(m) “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or other items with like characteristics. -(n) “Online tool” means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. -(o) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. -(p) “Personal representative” means an executor, administrator, special administrator, or person that performs substantially the same function under any other law. -(q) “Power of attorney” means a record that grants an agent authority to act in the place of the principal. -(r) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. -(s) “Remote-computing service” means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in Section 2510(14) of Title 18 of the United States Code. -(t) “Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian. -(u) “Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee. -(v) “User” means a person that has an account with a custodian. -(w) “Will” includes a codicil, a testamentary instrument that only appoints an executor, or an instrument that revokes or revises a testamentary instrument. -872. -(a) This part shall apply to any of the following: -(1) A fiduciary acting under a will executed before, on, or after January 1, 2017. -(2) A personal representative acting for a decedent who died before, on, or after January 1, 2017. -(3) A trustee acting under a trust created before, on, or after January 1, 2017. -(4) A custodian of digital assets for a user if the user resides in this state or resided in this state at the time of the user’s death. -(b) This part shall not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business. -873. -(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record. -(b) If a user has not used an online tool to give direction under subdivision (a) or if a custodian has not provided an online tool, a user may allow or prohibit in a will, trust, power of attorney, or other record the disclosure to a fiduciary of some or all of the user’s digital assets, including the contents of electronic communications sent or received by the user. -(c) A user’s direction under subdivision (a) or (b) overrides a contrary provision in a terms-of-service agreement. -874. -(a) This part does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of a user. -(b) This part does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate or trust, the fiduciary or designated recipient acts or represents. -(c) A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement when the user has not provided any direction that is recognized in Section 873. -875. -(a) When disclosing the digital assets of a user under this part, the custodian may, in its sole discretion, do any of the following: -(1) Grant the fiduciary or designated recipient full access to the user’s account. -(2) Grant the fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged. -(3) Provide the fiduciary or designated recipient with a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. -(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this part. -(c) A custodian need not disclose under this part a digital asset deleted by a user. -(d) If a user directs or a fiduciary or designated recipient requests a custodian to disclose under this part some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian, fiduciary, or designated recipient may petition the court for an order to do any of the following: -(1) Disclose a subset limited by date of the user’s digital assets. -(2) Disclose all of the user’s digital assets to the fiduciary or designated recipient. -(3) Disclose none of the user’s digital assets. -(4) Disclose all of the user’s digital assets to the court for review in camera. -876. -If a deceased user consented to or a court directs disclosure of the content of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives to the custodian all of the following: -(a) A written request for disclosure in physical or electronic form. -(b) A certified copy of the death certificate of the user. -(c) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, or court order. -(d) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications. -(e) If requested by the custodian, any of the following: -(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account. -(2) Evidence linking the account to the user. -(3) An order of the court finding any of the following: -(A) That the user had a specific account with the custodian, identifiable by the information specified in paragraph (1). -(B) That disclosure of the content of the user’s electronic communications would not violate Chapter 121 (commencing with Section 2701) of Part 1 of Title 18 of, and Section 222 of Title 47 of, the United States Code, or other applicable law. -(C) Unless the user provided direction using an online tool, that the user consented to disclosure of the content of electronic communications. -(D) That disclosure of the content of electronic communications of a user is reasonably necessary for estate administration. -877. -Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the personal representative gives to the custodian all of the following: -(a) A written request for disclosure in physical or electronic form. -(b) A certified copy of the death certificate of the user. -(c) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, or court order. -(d) If requested by the custodian, any of the following: -(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account. -(2) Evidence linking the account to the user. -(3) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for estate administration. -(4) An order of the court finding either of the following: -(A) That the user had a specific account with the custodian, identifiable by the information specified in paragraph (1). -(B) That disclosure of the user’s digital assets is reasonably necessary for estate administration. -878. -Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives to the custodian all of the following: -(a) A written request for disclosure in physical or electronic form. -(b) A certified copy of the death certificate of the settlor. -(c) A certified copy of the trust instrument, or a certification of trust under Section 18100.5, evidencing the settlor’s consent to disclosure of the content of electronic communications to the trustee. -(d) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust. -(e) If requested by the custodian, any of the following: -(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account. -(2) Evidence linking the account to the trust. -879. -Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, the catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the settlor of the trust is deceased and the trustee gives the custodian all of the following: -(a) A written request for disclosure in physical or electronic form. -(b) A certified copy of the death certificate of the settlor. -(c) A certified copy of the trust instrument or a certification of trust under Section 18100.5. -(d) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust. -(e) If requested by the custodian, any of the following: -(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account. -(2) Evidence linking the account to the trust. -880. -(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following: -(1) The duty of care. -(2) The duty of loyalty. -(3) The duty of confidentiality. -(b) All of the following shall apply to a fiduciary’s or designated recipient’s authority with respect to a digital asset of a user: -(1) Except as otherwise provided in Section 873, a fiduciary’s or designated recipient’s authority is subject to the applicable terms-of-service agreement. -(2) A fiduciary’s or designated recipient’s authority is subject to other applicable law, including copyright law. -(3) In the case of a fiduciary, a fiduciary’s authority is limited by the scope of the fiduciary’s duties. -(4) A fiduciary’s or designated recipient’s authority may not be used to impersonate the user. -(c) A fiduciary with authority over the property of a decedent or settlor has the right of access to any digital asset in which the decedent or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. Nothing in this subdivision requires a custodian to share passwords or decrypt protected devices. -(d) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws. -(e) The following shall apply to a fiduciary with authority over the tangible, personal property of a decedent or settlor: -(1) The fiduciary has the right to access the property and any digital asset stored in it. Nothing in this subdivision requires a custodian to share passwords or decrypt protected devices. -(2) The fiduciary is an authorized user for purposes of any applicable computer-fraud and unauthorized-computer-access laws. -(f) A custodian may disclose information in an account to a fiduciary of the decedent or settlor when the information is required to terminate an account used to access digital assets licensed to the user. -(g) A fiduciary of a decedent or settlor may request a custodian to terminate the user’s account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by all of the following: -(1) If the user is deceased, a certified copy of the death certificate of the user. -(2) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, a court order, a certified copy of the trust instrument, or a certification of the trust under Section 18100.5 giving the fiduciary authority over the account. -(3) If requested by the custodian, any of the following: -(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account. -(B) Evidence linking the account to the user. -(C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A). -881. -(a) Not later than 60 days after receipt of the information required under Sections 876 to 879, inclusive, a custodian shall comply with a request under this part from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply with a request, the fiduciary or designated recipient may apply to the court for an order directing compliance. -(b) An order under subdivision (a) directing compliance shall contain a finding that compliance is not in violation of Section 2702 of Title 18 of the United States Code. -(c) A custodian may notify a user that a request for disclosure of digital assets or to terminate an account was made pursuant to this part. -(d) A custodian may deny a request under this part from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the date of death of the user. -(e) This part does not limit a custodian’s ability to obtain or to require a fiduciary or designated recipient requesting disclosure or account termination under this part to obtain a court order that makes all of the following findings: -(1) The account belongs to the decedent, principal, or trustee. -(2) There is sufficient consent from the decedent, principal, or settlor to support the requested disclosure. -(3) Any specific factual finding required by any other applicable law in effect at that time, including, but not limited to, a finding that disclosure is not in violation of Section 2702 of Title 18 of the United States Code. -(f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this part. -882. -This part modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)). -883. -Disclosure of the contents of the deceased user’s or settlor’s account to a fiduciary of the deceased user or settlor is subject to the same license, restrictions, terms of service, and legal obligations, including copyright law, that applied to the deceased user or settlor. -884. -If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and, to this end, the provisions of this part are severable.","Existing law provides for the disposition of a testator’s property by will. Existing law also provides for the disposition of that portion of a decedent’s estate not disposed of by will. Existing law provides that the decedent’s property, including property devised by a will, is generally subject to probate administration, except as specified. -This bill would enact the Revised Uniform Fiduciary Access to Digital Assets Act, which would authorize a decedent’s personal representative or trustee to access and manage digital assets and electronic communications, as specified. The bill would authorize a person to use an online tool to give directions to the custodian of his or her digital assets regarding the disclosure of those assets. The bill would specify that, if a person has not used an online tool to give that direction, he or she may give direction regarding the disclosure of digital assets in a will, trust, power of attorney, or other record. The bill would require a custodian of the digital assets to comply with a fiduciary’s request for disclosure of digital assets or to terminate an account, except under certain circumstances, including when the decedent has prohibited this disclosure using the online tool. The bill would make custodians immune from liability for an act or omission done in good faith in compliance with these provisions.","An act to add Part 20 (commencing with Section 870) to Division 2 of the Probate Code, relating to estates." -600,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) It is necessary to provide assistance to low-income utility customers to make sure they can afford to pay their energy bills. -(b) Programs that reduce the costs of the energy utilities’ California Alternate Rates for Energy, or CARE, program can support the long-term ability of the CARE program to meet the needs of low-income customers. -(c) Installing qualifying solar energy systems in disadvantaged communities can provide local economic development benefits while advancing the state’s renewable energy policies and policies to reduce emissions of greenhouse gases. -(d) The Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code) requires that a minimum of 25 percent of the available moneys in the Greenhouse Gas Reduction Fund be allocated to projects that provide benefits to disadvantaged communities and 10 percent fund projects in disadvantaged communities. -(e) It is the goal of the state to make qualifying solar energy systems more accessible to low-income and disadvantaged communities and, as in the case of the Multifamily Affordable Housing Solar Roofs Program, to install those systems in a manner that represents the geographic diversity of the state. -(f) It is the goal of the state to install qualifying solar energy systems that have a generating capacity equivalent to at least 300 megawatts for the express purpose of lowering the energy bills of tenants at low-income multifamily housing. -SEC. 2. -Section 748.5 of the Public Utilities Code is amended to read: -748.5. -(a) Except as provided in subdivision (c), the commission shall require revenues, including any accrued interest, received by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to electric utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations to be credited directly to the residential, small business, and emissions-intensive trade-exposed retail customers of the electrical corporation. -(b) Not later than January 1, 2013, the commission shall require the adoption and implementation of a customer outreach plan for each electrical corporation, including, but not limited to, such measures as notices in bills and through media outlets, for purposes of obtaining the maximum feasible public awareness of the crediting of greenhouse gas allowance revenues. Costs associated with the implementation of this plan are subject to recovery in rates pursuant to Section 454. -(c) The commission may allocate up to 15 percent of the revenues, including any accrued interest, received by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to electrical distribution utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations, for clean energy and energy efficiency projects established pursuant to statute that are administered by the electrical corporation, or a qualified third-party administrator as approved by the commission, and that are not otherwise funded by another funding source. -SEC. 3. -Chapter 9.5 (commencing with Section 2870) is added to Part 2 of Division 1 of the Public Utilities Code, to read: -CHAPTER 9.5. Multifamily Affordable Housing Solar Roofs Program -2870. -(a) As used in this section, the following terms have the following meanings: -(1) “CARE program” means the California Alternate Rates for Energy program established pursuant to Section 739.1. -(2) “Program” means the Multifamily Affordable Housing Solar Roofs Program established pursuant to this chapter. -(3) “Qualified multifamily affordable housing property” means a multifamily residential building of at least five rental housing units that is operated to provide deed-restricted low-income residential housing, as defined in clause (i) of subparagraph (A) of paragraph (3) of subdivision (a) of Section 2852, and that meets one or more of the following requirements: -(A) The property is located in a disadvantaged community, as identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code. -(B) At least 80 percent of the households have incomes at or below 60 percent of the area median income, as defined in subdivision (f) of Section 50052.5 of the Health and Safety Code. -(4) “Solar energy system” means a solar energy photovoltaic device that meets or exceeds the eligibility criteria established pursuant to Section 25782 of the Public Resources Code. -(b) (1) Adoption and implementation of the Multifamily Affordable Housing Solar Roofs Program may count toward the satisfaction of the commission’s obligation to ensure that specific alternatives designed for growth among residential customers in disadvantaged communities are offered as part of the standard contract or tariff authorized pursuant to paragraph (1) of subdivision (b) of Section 2827.1. -(2) Nothing in this section shall preclude electrical corporations from offering and administering a distributed energy resource program, including solar energy systems, in disadvantaged communities offered under current or proposed programs using funds provided under subdivision (c) of Section 748.5 or programs proposed to comply with paragraph (1) of subdivision (b) as approved by the commission. -(c) The commission shall annually authorize the allocation of one hundred million dollars ($100,000,000) or 10 percent of available funds, whichever is less, from the revenues described in subdivision (c) of Section 748.5 for the Multifamily Affordable Housing Solar Roofs Program, beginning with the fiscal year commencing July 1, 2016, and ending with the fiscal year ending June 30, 2020. The commission shall continue authorizing the allocation of these funds through June 30, 2026, if the commission determines that revenues are available after 2020 and that there is adequate interest and participation in the program. -(d) The commission shall consider the most appropriate program administration structure, including administration by a qualified third-party administrator, selected by the commission through a competitive bidding process, or administration by an electrical corporation, in an existing or future proceeding. -(e) Not more than 10 percent of the funds allocated to the program shall be used for administration. -(f) (1) By June 30, 2017, the commission shall authorize the award of monetary incentives for qualifying solar energy systems that are installed on qualified multifamily affordable housing properties through December 31, 2030. The target of the program is to install a combined generating capacity of at least 300 megawatts on qualified properties. -(2) The commission shall require that the electricity generated by qualifying renewable energy systems installed pursuant to the program be primarily used to offset electricity usage by low-income tenants. These requirements may include required covenants and restrictions in deeds. -(3) The commission shall require that qualifying solar energy systems owned by third-party owners are subject to contractual restrictions to ensure that no additional costs for the system be passed on to low-income tenants at the properties receiving incentives pursuant to the program. The commission shall require third-party owners of solar energy systems to provide ongoing operations and maintenance of the system, monitor energy production, and, where necessary, take appropriate action to ensure that the kWh production levels projected for the system are achieved throughout the period of the third-party agreement. Such actions may include, but are not limited to, providing a performance guarantee of annual production levels or taking corrective actions to resolve underproduction problems. -(4) The commission shall ensure that incentive levels for photovoltaic installations receiving incentives through the program are aligned with the installation costs for solar energy systems in affordable housing markets and take account of federal investment tax credits and contributions from other sources to the extent feasible. -(5) The commission shall require that no individual installation receive incentives at a rate greater than 100 percent of the total system installation costs. -(6) The commission shall establish local hiring requirements for the program to provide economic development benefits to disadvantaged communities. -(7) The commission shall establish energy efficiency requirements that are equal to the energy efficiency requirements established for the program described in Section 2852, including participation in a federal, state, or utility-funded energy efficiency program or documentation of a recent energy efficiency retrofit. -(g) (1) Low-income tenants who participate in the program shall receive credits on utility bills from the program. The commission shall ensure that utility bill reductions are achieved through tariffs that allow for the allocation of credits, such as virtual net metering tariffs designed for Multifamily Affordable Solar Housing Program participants, or other tariffs that may be adopted by the commission pursuant to Section 2827.1. -(2) The commission shall ensure that electrical corporation tariff structures affecting the low-income tenants participating in the program continue to provide a direct economic benefit from the qualifying solar energy system. -(h) Nothing in this chapter is intended to supplant CARE program rates as the primary mechanism for achieving the goals of the CARE program. -(i) The commission shall determine the eligibility of qualified multifamily affordable housing property tenants that are customers of community choice aggregators. -(j) (1) On or before July 30, 2020, and by July 30 of every third year thereafter through 2029, the commission shall submit to the Legislature an assessment of the Multifamily Affordable Housing Solar Roofs Program. That assessment shall include the number of qualified multifamily affordable housing property sites that have a qualifying solar energy system for which an award was made pursuant to this chapter and the dollar value of the award, the electrical generating capacity of the qualifying renewable energy system, the bill reduction outcomes of the program for the participants, the cost of the program, the total electrical system benefits, the environmental benefits, the progress made toward reaching the goals of the program, the program’s impact on the CARE program budget, and the recommendations for improving the program to meet its goals. The report shall include an analysis of pending program commitments, reservations, obligations, and projected demands for the program to determine whether future ongoing funding allocations for the program are substantiated. The report shall also include a summary of the other programs intended to benefit disadvantaged communities, including, but not limited to, the Single-Family Affordable Solar Homes Program, the Multifamily Affordable Solar Housing Program, and the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831)). -(2) Every three years, the commission shall evaluate the program’s expenditures, commitments, uncommitted balances, future demands, performance, and outcomes and shall make any necessary adjustments to the program to ensure the goals of the program are being met. If, upon review, the commission finds there is insufficient participation in the program, the commission may credit uncommitted funds back to ratepayers pursuant to Section 748.5. -(3) As part of the annual workplan required pursuant to Section 321.6, the commission shall provide an annual update of the Multifamily Affordable Housing Solar Roofs Program that shall include, but not be limited to, the number of projects approved, number of projects completed, number of pending projects awaiting approval, and geographic distribution of the projects. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. -The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. That act requires the state board to adopt a statewide greenhouse gas emissions limit, as defined, to be achieved by 2020, equivalent to the statewide greenhouse gas emissions level in 1990. The state board is authorized to include market-based compliance mechanisms to comply with the regulations. The implementing regulations adopted by the state board provide for the direct allocation of greenhouse gas allowances to electrical corporations pursuant to a market-based compliance mechanism. -Existing law authorizes the commission to allocate 15% of these revenues for clean energy and energy efficiency projects established pursuant to statute that are administered by electrical corporations and requires the commission to direct the balance of the revenues to be credited directly to the residential, small business, and emissions-intensive trade-exposed retail customers of the electrical corporations, as specified. -This bill would authorize a qualified 3rd-party administrator to administer the clean energy and energy efficiency projects. -Existing law requires the commission to ensure that not less than 10% of the funds for the California Solar Initiative are utilized for the installation of solar energy systems, as defined, on low-income residential housing, as defined. Pursuant to this requirement, the commission adopted decisions that established the Single-Family Affordable Solar Homes Program and the Multifamily Affordable Solar Housing Program, pursuant to which the electrical corporations provide monetary incentives for the installation of solar energy systems on low-income residential housing. -This bill would require the commission to annually authorize the allocation of $100,000,000 or 10% of available funds, whichever is less, beginning with the fiscal year commencing July 1, 2016, and ending with the fiscal year ending June 30, 2020, from the greenhouse gas allowance revenues received by electrical corporations set aside for clean energy and energy efficiency projects for the Multifamily Affordable Housing Solar Roofs Program, which the bill would create. The bill would require the commission to consider the most appropriate program administration, as specified, with not more than 10% of the allocated funds to be used for administration. The bill would require the commission to authorize, by June 30, 2017, the award of monetary incentives for solar energy systems, as defined, that are installed on qualified multifamily affordable housing properties, as defined, through December 31, 2030, with the target of the program being to install a combined generating capacity of at least 300 megawatts on qualified properties. The bill would require the commission to require that the electricity generated by qualifying solar energy systems installed on qualified multifamily affordable housing properties pursuant to the program be primarily used to offset electricity usage by low-income tenants. The bill would require that low-income tenants receive credits on utility bills from the program through tariffs that allow for the allocation of credits, as specified. The bill would require the commission, on or before July 30, 2020, and by July 30 of every third year thereafter through 2029, to submit an assessment, as specified, to the Legislature of the Multifamily Affordable Housing Solar Roofs Program. -Existing law makes any public utility and any corporation or person other than a public utility that violates any part of any order, decision, rule, direction, demand, or requirement of the commission guilty of a crime. -Because the provisions of this bill require action by the commission to implement its requirements, a violation of these commission-ordered requirements would impose a state-mandated local program by creating a new crime. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 748.5 of, and to add Chapter 9.5 (commencing with Section 2870) to Part 2 of Division 1 of, the Public Utilities Code, relating to energy." -601,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) According to a Kaiser Family Foundation study, California’s seniors have the nation’s highest poverty rate. -(2) Twenty percent of California adults over 65 years of age live below the poverty threshold of about $16,000, when the higher cost of housing and health care are taken into account. -(3) Nationally, homelessness among seniors is projected to rise by 33 percent between 2010 and 2020, and by 100 percent between 2010 and 2050, according to a 2010 report from the Homelessness Research Institute. -(4) The Los Angeles Homeless Services Authority reports that from 2011 to 2013, inclusive, Los Angeles County had a 29.1 percent increase in the number of homeless people 62 years of age and older. -(5) According to a March 2013 report of the National Low Income Housing Coalition, California is the second least affordable state behind Hawaii. -(6) According to the federal Department of Housing and Urban Development, fair market rent in California for a two-bedroom apartment is $1,341 a month. In order to afford this level of rent and utilities, without paying more than 30 percent of income on housing, a household needs to earn $4,470 monthly or $53,640 annually. -(7) Three out of the 10 most expensive metropolitan areas and six out of the 10 most expensive counties nationally are in California. -(8) In order to slow the growing numbers of homeless senior citizens being priced out of their homes, California must begin to explore practical means to slow this disaster. -(b) The Legislature hereby enacts this act to test if the personal income tax credit described in Section 17053 of the Revenue and Taxation Code is a viable method to help low-income California senior renters remain in their homes. -SEC. 2. -Section 17053 is added to the Revenue and Taxation Code, to read: -17053. -(a) For each taxable year beginning on or after January 1, 2016, and before January 1, 2019, there shall be allowed as a credit against the “net tax,” as defined in Section 17039, an amount equal to the increase in rent of a qualified residence for the taxable year compared to the previous taxable year that is paid or incurred by a qualified taxpayer. -(b) For the purposes of this section, the following definitions shall apply: -(1) “Qualified taxpayer” means a person with all of the following characteristics: -(A) He or she is 62 years of age or older. -(B) He or she rents a qualified residence as his or her primary residence, he or she is named on the lease for that residence, and he or she has rented that residence for a period of 12 months or more. -(C) His or her combined annual household income is fifty thousand dollars ($50,000) or less, more than one-third of which is spent on rent. -(2) “Qualifying residence” means a property that is located in the County of Alameda, the City and County of San Francisco, the County of Ventura, and the County of Santa Clara. -(c) In the case where the credit allowed by this section exceeds the “net tax,” the excess may be carried over to reduce the “net tax” in the following year, and succeeding seven years, if necessary, until the total credit is exhausted. -(d) A credit shall not be allowed under this section if a renter’s credit has been claimed by a taxpayer pursuant to Section 17053.5. -(e) This section shall remain in effect only until December 1, 2019, and as of that date is repealed. -SEC. 3. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect. -SECTION 1. -Section 1101.5 of the -Civil Code -is amended to read: -1101.5. -(a)On or before January 1, 2019, all noncompliant plumbing fixtures in a multifamily residential real property and in a commercial real property shall be replaced with water-conserving plumbing fixtures. -(b)An owner or the owner’s agent may enter the owner’s property for the purpose of installing, repairing, testing, and maintaining water-conserving plumbing fixtures required by this section, consistent with the notice requirements of Section 1954. -(c)On and after January 1, 2019, the water-conserving plumbing fixtures required by this section shall be operating at the manufacturer’s rated water consumption at the time that the tenant takes possession. A tenant shall be responsible for notifying the owner or owner’s agent if the tenant becomes aware that a water-conserving plumbing fixture within his or her unit is not operating at the manufacturer’s rated water consumption. The owner or owner’s agent shall correct an inoperability in a water-conserving plumbing fixture upon notice by the tenant or if detected by the owner or the owner’s agent. -(d)(1)On and after January 1, 2014, all noncompliant plumbing fixtures in a multifamily residential real property and in a commercial real property shall be replaced with water-conserving plumbing fixtures in the following circumstances: -(A)For building additions in which the sum of concurrent building permits by the same permit applicant would increase the floor area of the space in a building by more than 10 percent, the building permit applicant shall replace all noncompliant plumbing fixtures in the building. -(B)For building alterations or improvements in which the total construction cost estimated in the building permit is greater than one hundred fifty thousand dollars ($150,000), the building permit applicant shall replace all noncompliant plumbing fixtures that service the specific area of the improvement. -(C)Notwithstanding subparagraph (A) or (B), for any alterations or improvements to a room in a building that require a building permit and that room contains any noncompliant plumbing fixtures, the building permit applicant shall replace all noncompliant plumbing fixtures in that room. -(2)Replacement of all noncompliant plumbing fixtures with water-conserving plumbing fixtures, as described in paragraph (1), shall be a condition for issuance of a certificate of final completion and occupancy or final permit approval by the local building department. -(e)On and after January 1, 2019, a seller or transferor of multifamily residential real property or of commercial real property shall disclose to the prospective purchaser or transferee, in writing, the requirements of subdivision (a) and whether the property includes any noncompliant plumbing fixtures. This disclosure may be included in other transactional documents.","The Personal Income Tax Law allows various credits against the tax imposed by that law, including for a qualified renter, defined as an individual who rented and occupied premises in this state which constituted his or her principal place of residence during at least 50% of the taxable year, in a specified amount based on adjusted gross income, as provided. -This bill would allow, for each taxable year beginning on or after January 1, 2016, and before January 1, 2019, a credit in an amount equal to the increase in rent of a qualified residence in specified counties for the taxable year compared to the previous taxable year that is paid or incurred by a qualified taxpayer, which is defined as a senior citizen meeting a certain low-income requirements. -This bill would take effect immediately as a tax levy. -Existing law requires the replacement of plumbing fixtures that are not water conserving, as defined as noncompliant plumbing fixtures, in residential and commercial real property built and available for use on or before January 1, 1994, as specified. -This bill would make technical, nonsubstantive changes to these provisions.","An act to amend Section 1101.5 of the Civil Code, relating to water conservation. -An act to add and repeal Section 17053 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -602,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11450 of the Welfare and Institutions Code is amended to read: -11450. -(a) (1) (A) Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the family’s income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f): -Number of -eligible needy -persons in -the same home -Maximum -aid -1 ........................ -$  326 -2 ........................ -535 -3 ........................ -663 -4 ........................ -788 -5 ........................ -899 -6 ........................ -1,010 -7 ........................ -1,109 -8 ........................ -1,209 -9 ........................ -1,306 -10 or more ........................ -1,403 -(B) If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453. -(2) The sums specified in paragraph (1) shall not be adjusted for cost of living for the 1990–91, 1991–92, 1992–93, 1993–94, 1994–95, 1995–96, 1996–97, and 1997–98 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of -former -Section 11453.05, and no further reduction shall be made pursuant to that section. -(b) (1) When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the child and her child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision. -(2) Notwithstanding paragraph (1), when the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant woman for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the woman and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision. -(3) Paragraph (1) shall apply only when the Cal-Learn Program is operative. -(c) The amount of forty-seven dollars ($47) per month shall be paid to pregnant women qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the woman and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants, and Children program. If that payment to pregnant women qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the woman and child, if born, would have qualified for aid under this chapter. -(d) For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, when added to the child’s income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations. -(e) In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance. -(f) After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for nonrecurring special needs. -(1) An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special needs items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event. -(2) (A) Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section. -(B) A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; -or -the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided. -(A) (i) A nonrecurring special needs benefit of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family. -(ii) This special needs benefit shall be granted or denied immediately upon the family’s application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the family’s homelessness within the first three working days and if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period. -(iii) After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing which shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits. -(B) (i) A nonrecurring special needs benefit for permanent housing assistance is available to pay for last month’s rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction. -(ii) The last month’s rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall only be made to families that have found permanent housing costing no more than 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size. -(iii) However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii). -(C) The nonrecurring special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities which are necessary for the health and safety of the family. -(D) A payment for -, -or denial of -, -permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the -denial of or -payment for -, or denial of, -permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter. -(E) (i) Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to -one period of up to -a maximum of -16 -consecutive -calendar days of temporary assistance and one payment of permanent assistance. -Any -A -family that includes a parent or nonparent caretaker relative living in the home who has previously received -the maximum allowable -temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. -Any -A -person who applies for homeless assistance benefits shall be informed that -, with certain exceptions, -the temporary shelter benefit -of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit -is limited to a maximum of 16 calendar days in a lifetime -. -(ii) A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance. -(iii) A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or -, -the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to -two periods of not more than 16 consecutive -a maximum of 32 -calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request. -(iv) If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate. -(v) If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation. -(vi) The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph. -(F) The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence. -(G) Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments. -(H) The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current year’s Budget Act by specifying a different daily allowance and appropriating the funds therefor. -(I) No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties. -(g) The department shall establish rules and regulations ensuring the uniform statewide application of this section. -(h) The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently. -(i) (A) Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a). -(B) The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section. -(j) For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the child’s income, is equal to the rate specified in Sections 11364 and 11387. -(k) (1) A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013. -(2) Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county. -(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section. -(l) This section shall become operative on July 1, 2015. -SEC. 2. -(a) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services shall implement this act through an all-county letter or similar instructions from the director no later than April 1, 2016. -(b) The department shall adopt regulations as necessary to implement this act no later than July 1, 2017. -SEC. 3. -No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing federal law provides for the allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant prould not be made for purposes of implementing the bill. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 11450 of the Welfare and Institutions Code, relating to public social services." -603,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 51203 of the Government Code is amended to read: -51203. -(a) The assessor shall determine the current fair market value of the land as if it were free of the contractual restriction pursuant to Section 51283. The Department of Conservation or the landowner, also referred to in this section as “parties,” may provide information to assist the assessor to determine the value. Any information provided to the assessor shall be served on the other party, unless the information was provided at the request of the assessor, and would be confidential under law if required of an assessee. -(b) Within 45 days of receiving the assessor’s notice pursuant to subdivision (a) of Section 51283 or Section 51283.4, if the Department of Conservation or the landowner believes that the current fair market valuation certified pursuant to subdivision (b) of Section 51283 or Section 51283.4 is not accurate, the department or the landowner may request formal review from the county assessor in the county considering the petition to cancel the contract. The department or the landowner shall submit to the assessor and the other party the reasons for believing the valuation is not accurate and the additional information the requesting party believes may substantiate a recalculation of the property valuation. The assessor may recover his or her reasonable costs of the formal review from the party requesting the review, and may provide an estimate of those costs to the requesting party. The recovery of these costs from the department may be deducted by the city or county from cancellation fees received pursuant to this chapter prior to transmittal to the Controller for deposit in the Soil Conservation Fund. The assessor may require a deposit from the landowner to cover the contingency that payment of a cancellation fee will not necessarily result from the completion of a formal review. This subdivision shall not be construed as a limitation on the authority provided in Section 51287 for cities or counties to recover their costs in the cancellation process, except that the assessor’s costs of conducting a formal review shall not be borne by the nonrequesting party. -(1) If no request is made within 45 days of receiving notice by certified mail of the valuation, the assessor’s valuation shall be used to calculate the fee. -(2) Upon receiving a request for formal review, the assessor shall formally review his or her valuation if, based on the determination of the assessor, the information may have a material effect on valuation of the property. The assessor shall notify the parties that the formal review is being undertaken and that information to aid the assessor’s review shall be submitted within 30 days of the date of the notice to the parties. Any information submitted to the assessor shall be served on the other party who shall have 30 days to respond to that information to the assessor. If the response to the assessor contains new information, the party receiving that response shall have 20 days to respond to the assessor as to the new information. All submittals and responses to the assessor shall be served on the other party by personal service or an affidavit of mailing. The assessor shall avoid ex parte contacts during the formal review and shall report any such contacts to the department and the landowner at the same time the review is complete. The assessor shall complete the review no later than 120 days of receiving the request. -(3) At the conclusion of the formal review, the assessor shall either revise the cancellation valuation or determine that the original cancellation valuation is accurate. The assessor shall send the revised valuation or notice of the determination that the valuation is accurate to the department, the landowner, and the board or council considering the petition to cancel the contract. The assessor shall include a brief narrative of what consideration was given to the items of information and responses directly relating to the cancellation value submitted by the parties. The assessor shall give no consideration to a party’s information or response that was not served on the other party. If the assessor denies a formal review, a brief narrative shall be provided to the parties indicating the basis for the denial, if requested. -(c) For purposes of this section, the valuation date of any revised valuation pursuant to formal review or following judicial challenge shall remain the date of the assessor’s initial valuation, or his or her initial recomputation pursuant to Section 51283.4. For purposes of cancellation fee calculation in a tentative cancellation as provided in Section 51283, or in a recomputation for final cancellation as provided in Section 51283.4, a cancellation value shall be considered current for one year after its determination and certification by the assessor. -(d) Notwithstanding any other provision of this section, the department and the landowner may agree on a cancellation valuation of the land. The agreed valuation shall serve as the cancellation valuation pursuant to Section 51283 or Section 51283.4. The agreement shall be transmitted to the board or council considering the petition to cancel the contract. -(e) If a contract with a city or county includes an additional cancellation fee pursuant to Section 51240, the department shall provide a preliminary valuation to the county assessor of the county in which the land is located and the board of supervisors or the city council at least 60 days prior to the effective date of the final cancellation valuation pursuant to subdivision (d). The preliminary valuation shall include a description of the rationale and facts considered by the department in determining the cancellation value. The assessor may provide comments on the preliminary valuation to the board of supervisors or city council. The board of supervisors or city council may provide comments on the preliminary valuation and cancellation value, if submitted, to the department. Prior to determining the final cancellation valuation, the department shall consider the comments of the board or council concerning the preliminary valuation and cancellation valuation, if submitted. -(f) This section represents the exclusive administrative procedure for appealing a cancellation valuation calculated pursuant to this section. The Department of Conservation shall represent the interests of the state in the administrative and judicial remedies for challenging the determination of a cancellation valuation or cancellation fee.","Existing law establishes the California Land Conservation Act of 1965, otherwise known as the Williamson Act, and authorizes a city or county to enter into 10-year contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation, as specified. Existing law provides for the procedure to cancel a contract entered into under these provisions, and provides that the landowner and the Department of Conservation may agree on the cancellation value of the land. -This bill would require the department to provide a preliminary valuation of the land to the county assessor and the city council or board of supervisors at least 60 days prior to the effective date of the agreed upon cancellation valuation if the contract includes an additional cancellation fee, as specified.","An act to amend Section 51203 of the Government Code, relating to local government." -604,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 65995 of the Government Code is amended to read: -65995. -(a) Except for a fee, charge, dedication, or other requirement authorized under Section 17620 of the Education Code, or pursuant to Chapter 4.7 (commencing with Section 65970), a fee, charge, dedication, or other requirement for the construction or reconstruction of school facilities shall not be levied or imposed in connection with, or made a condition of, any legislative or adjudicative act, or both, by any state or local agency involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization, as defined in Section 56021 or 56073. -(b) Except as provided in Sections 65995.5 and 65995.7, the amount of any fees, charges, dedications, or other requirements authorized under Section 17620 of the Education Code, or pursuant to Chapter 4.7 (commencing with Section 65970), or both, shall not exceed the following: -(1) In the case of residential construction, including the location, installation, or occupancy of manufactured homes and mobilehomes, one dollar and ninety-three cents ($1.93) per square foot of assessable space. “Assessable space,” for this purpose, means all of the square footage within the perimeter of a residential structure, not including any carport, covered or uncovered walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the city or county issuing the building permit, in accordance with the standard practice of that city or county in calculating structural perimeters. “Manufactured home” and “mobilehome” have the meanings set forth in subdivision (f) of Section 17625 of the Education Code. The application of any fee, charge, dedication, or other form of requirement to the location, installation, or occupancy of manufactured homes and mobilehomes is subject to Section 17625 of the Education Code. -(2) In the case of any commercial or industrial construction, thirty-one cents ($0.31) per square foot of chargeable covered and enclosed space. “Chargeable covered and enclosed space,” for this purpose, means the covered and enclosed space determined to be within the perimeter of a commercial or industrial structure, not including any storage areas incidental to the principal use of the construction, garage, parking structure, unenclosed walkway, or utility or disposal area. The determination of the chargeable covered and enclosed space within the perimeter of a commercial or industrial structure shall be made by the building department of the city or county issuing the building permit, in accordance with the building standards of that city or county. For the determination of chargeable fees to be paid to the appropriate school district in connection with any commercial or industrial construction under the jurisdiction of the Office of Statewide Health Planning and Development, the architect of record shall determine the chargeable covered and enclosed space within the perimeter of a commercial or industrial structure. -(3) The amount of the limits set forth in paragraphs (1) and (2) shall be increased in 2000, and every two years thereafter, according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting, which increase shall be effective as of the date of that meeting. -(c) (1) Notwithstanding any other law, during the term of a contract entered into between a subdivider or builder and a school district, city, county, or city and county, whether general law or chartered, on or before January 1, 1987, that requires the payment of a fee, charge, or dedication for the construction of school facilities as a condition to the approval of residential construction, neither Section 17620 of the Education Code nor this chapter applies to that residential construction. -(2) Notwithstanding any other provision of state or local law, construction that is subject to a contract entered into between a person and a school district, city, county, or city and county, whether general law or chartered, after January 1, 1987, and before the operative date of the act that adds paragraph (3) that requires the payment of a fee, charge, or dedication for the construction of school facilities as a condition to the approval of construction, may not be affected by the act that adds paragraph (3). -(3) Notwithstanding any other provision of state or local law, until January 1, 2000, any construction not subject to a contract as described in paragraph (2) that is carried out on real property for which residential development was made subject to a condition relating to school facilities imposed by a state or local agency in connection with a legislative act approving or authorizing the residential development of that property after January 1, 1987, and before the operative date of the act adding this paragraph, shall be required to comply with that condition. -Notwithstanding any other provision of state or local law, on and after January 1, 2000, any construction not subject to a contract as described in paragraph (2) that is carried out on real property for which residential development was made subject to a condition relating to school facilities imposed by a state or local agency in connection with a legislative act approving or authorizing the residential development of that property after January 1, 1987, and before the operative date of the act adding this paragraph, may not be subject to a fee, charge, dedication, or other requirement exceeding the amount specified in paragraphs (1) and (2) of subdivision (b), or, if a district has increased the limit specified in paragraph (1) of subdivision (b) pursuant to either Section 65995.5 or 65995.7, that increased amount. -(4) Any construction that is not subject to a contract as described in paragraph (2), or to paragraph (3), and that satisfies both of the requirements of this paragraph, may not be subject to any increased fee, charge, dedication, or other requirement authorized by the act that adds this paragraph beyond the amount specified in paragraphs (1) and (2) of subdivision (b). -(A) A tentative map, development permit, or conditional use permit was approved before the operative date of the act that amends this subdivision. -(B) A building permit is issued before January 1, 2000. -(d) For purposes of this chapter, “construction” means new construction and reconstruction of existing building for residential, commercial, or industrial. “Residential, commercial, or industrial construction” does not include any facility used exclusively for religious purposes that is thereby exempt from property taxation under the laws of this state, any facility used exclusively as a private full-time day school as described in Section 48222 of the Education Code, or any facility that is owned and occupied by one or more agencies of federal, state, or local government. In addition, “commercial or industrial construction” includes, but is not limited to, any hotel, inn, motel, tourist home, or other lodging for which the maximum term of occupancy for guests does not exceed 30 days, but does not include any residential hotel, as defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code. -(e) The Legislature finds and declares that the financing of school facilities and the mitigation of the impacts of land use approvals, whether legislative or adjudicative, or both, on the need for school facilities are matters of statewide concern. For this reason, the Legislature hereby occupies the subject matter of requirements related to school facilities levied or imposed in connection with, or made a condition of, any land use approval, whether legislative or adjudicative act, or both, and the mitigation of the impacts of land use approvals, whether legislative or adjudicative, or both, on the need for school facilities, to the exclusion of all other measures, financial or nonfinancial, on the subjects. For purposes of this subdivision, “school facilities” means any school-related consideration relating to a school district’s ability to accommodate enrollment. -(f) Nothing in this section shall be interpreted to limit or prohibit the use of Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 to finance the construction or reconstruction of school facilities. However, the use of Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 may not be required as a condition of approval of any legislative or adjudicative act, or both, if the purpose of the community facilities district is to finance school facilities. -(g) (1) The refusal of a person to agree to undertake or cause to be undertaken an act relating to Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5, including formation of, or annexation to, a community facilities district, voting to levy a special tax, or authorizing another to vote to levy a special tax, may not be a factor when considering the approval of a legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization, as defined in Section 56021 or 56073, if the purpose of the community facilities district is to finance school facilities. -(2) If a person voluntarily elects to establish, or annex into, a community facilities district and levy a special tax approved by landowner vote to finance school facilities, the present value of the special tax specified in the resolution of formation shall be calculated as an amount per square foot of assessable space and that amount shall be a credit against any applicable fee, charge, dedication, or other requirement for the construction or reconstruction of school facilities. For purposes of this paragraph, the calculation of present value shall use the interest rate paid on the United States Treasury’s 30-year bond on the date of the formation of, or annexation to, the community facilities district, as the capitalization rate. -(3) For purposes of subdivisions (f), (h), and (i), and this subdivision, “school facilities” means any school-related consideration relating to a school district’s ability to accommodate enrollment. -(h) The payment or satisfaction of a fee, charge, or other requirement levied or imposed pursuant to Section 17620 of the Education Code in the amount specified in Section 65995 and, if applicable, any amounts specified in Section 65995.5 or 65995.7 are hereby deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization as defined in Section 56021 or 56073, on the provision of adequate school facilities. -(i) A state or local agency may not deny or refuse to approve a legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization as defined in Section 56021 or 56073 on the basis of a person’s refusal to provide school facilities mitigation that exceeds the amounts authorized pursuant to this section or pursuant to Section 65995.5 or 65995.7, as applicable.","Existing law, the Planning and Zoning Law, limits the amount of fees, charges, dedications, or other requirements levied or imposed by state and local agencies on the planning, use, or development of real property for the construction or reconstruction of school facilities based upon assessable space, as defined. In the case of residential construction, existing law defines assessable space to mean all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. -This bill would revise the definition of assessable space to specify that a covered or uncovered walkway is excluded.","An act to amend Section 65995 of the Government Code, relating to land use." -605,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 69800 of the Education Code is amended to read: -69800. -A public, private, or independent postsecondary educational institution, except the California Community Colleges, shall do all of the following: -(a) (1) State both of the following in all printed and online financial aid materials issued or distributed by the institution to applicants for admission or matriculated students and with private loan applications provided or made available by the institution: -(A) Federal student loans are required by law to provide a range of flexible repayment options, including, but not limited to, income-based repayment and income-contingent repayment plans, and loan forgiveness benefits, which other student loans are not required to provide. -(B) Federal direct loans are available to students regardless of income. -(2) The institution may continue to use financial aid materials that are printed before January 1, 2013, if the institution includes an insert with the printed material that provides the information required in paragraph (1). All financial aid materials printed on or after January 1, 2013, shall include the information required in paragraph (1). -(b) Clearly distinguish private loans from federal loans in individual financial aid awards by stating, for any private loans included by the institution as part of the institution’s award package, all of the following: -(1) Whether the rate is fixed or variable. -(2) An explanation that private student loan lenders can offer variable interest rates that can increase or decrease over time, depending on market conditions. -(3) An explanation that private student loans have a range of interest rates and fees and students should determine the interest rate of, and any fees associated with, the private student loan included in their financial aid award package before accepting the loan. -(4) An explanation that students should contact the lender of the private student loan or their postsecondary educational institution’s financial aid office if they have any questions about a private student loan. -(5) An explanation that the interest rate on a private loan may depend on the borrower’s credit rating. -(c) If the institution provides a private loan lender list, it also shall provide general information about the loans available through the lender and disclose the basis for each lender’s inclusion on the list. The institution shall also disclose with the list that the student has the ability to choose any lender. -(d) (1) Make available to the public upon request and in a prominent location on its Internet Web site within 12 months of a completed academic year the following information concerning graduates and student loan debt: -(A) The number of students who started as first-time postsecondary students at the institution and received a certificate, associate’s degree, or bachelor’s degree during that academic year. For purposes of this section, “academic year” means the most recently completed federal award year of July 1 to June 30. -(B) (i) For each type of credential specified in subparagraph (A), the number and percentage of the students identified pursuant to subparagraph (A) who borrowed at any time while enrolled at the institution through any student loan program, including, but not necessarily limited to, institutional loans, state loans, federal Perkins loans, federal Stafford subsidized and unsubsidized loans, and private loans that were certified by the institution, including both federal direct student loans and federal family education loans. -(ii) The total principal borrowed for each type of credential in those loans described in clause (i). -(C) (i) For each type of credential specified in subparagraph (A), the number and percentage of the students identified pursuant to subparagraph (A) who borrowed at any time while enrolled at the institution through a federal student loan program, including, but not necessarily limited to, federal Perkins loans, federal Stafford subsidized and unsubsidized loans, federal direct student loans, and federal family education loans, but excluding institutional loans, state loans, and private loans. -(ii) The total principal borrowed for each type of credential in those loans described in clause (i). -(D) The average cumulative principal borrowed by those students counted for purposes of the calculations required by subparagraphs (B) and (C) by credential type, calculated by dividing the sum identified in clause (ii) of each of those subparagraphs for each type of credential by the number of that type of credential issued for students receiving the loans described in the respective subparagraph. -(2) For purposes of this subdivision, “loans” shall include cosigned loans that financed a student’s own enrollment or attendance, but shall not include parental loans. -SEC. 2. -Section 69800.2 is added to the Education Code, to read: -69800.2. -(a) Before certifying a borrower’s eligibility for a private student loan, a public, private, or independent postsecondary educational institution shall provide to the student information concerning all unused state and federal financial assistance, including unused federal student loan moneys available to that student. -(b) An institution that does not participate in federal student loan programs shall inform students that the institution does not participate in federal loan programs and that students may be eligible for federal loans at a participating institution. The institution shall provide the student with information regarding the Cal Grants Web link on the California Student Aid Commission’s Web site and the Federal Student Aid Web link on the United States Department of Education’s Web site. -SEC. 3. -Section 69800.5 of the Education Code is amended to read: -69800.5. -The California Community Colleges may, and are requested to, comply with the provisions of Section 69800.","Existing law requires a public, private, or independent postsecondary educational institution, except the California Community Colleges, to make specified disclosures related to private student loans in financial aid material and private loan applications provided or made available by the institution, to distinguish private loans from federal loans in individual financial aid awards, and, if the institution provides a private loan lender list, to provide general information about the loans available through the lender and disclose the basis for each lender’s inclusion on the list. -This bill would require the public, private, or independent institution, except the California Community Colleges, to make available to the public upon request and in a prominent location on its Internet Web site within 12 months of a completed academic year, as defined, specified student loan debt statistics on graduates. The bill would require all public, private, and independent postsecondary institutions to provide students information concerning unused state and federal financial assistance including unused federal student loan moneys available to them before certifying their eligibility for private student loans and, if the institution does not participate in federal student loan programs, to inform students that they may be eligible for federal student loans at participating institutions and provide them information regarding Cal Grants and federal student aid. The bill would make nonsubstantive and conforming changes.","An act to amend Sections 69800 and 69800.5 of, and to add Section 69800.2 to, the Education Code, relating to student financial aid." -606,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 50833 of the Health and Safety Code is amended to read: -50833. -(a) The department shall determine and announce in the applicable NOFA the percentage of the total amount of the State Block Grant Program funds set aside for economic development that shall be allocated to make economic development planning and technical assistance grants to eligible small cities or counties for business attraction, retention, and expansion programs for the development of local economic development strategies, predevelopment grant feasibility studies, and downtown revitalization programs. Eligible small cities or counties may contract with public agencies or nonprofit economic development corporations and other eligible subgrantees or for-profit corporations or entities to provide these services. Each applicant shall be required to provide a cash match of up to 25 percent of the total amount requested. A technical assistance grant received under this set-aside is in addition to the city or county ceiling, under Section 50832, or its ability to apply under the economic development or general program set-asides. The department shall determine and announce in the applicable NOFA the maximum per year grant amount. Each applicant shall not receive more than two grants per year and shall be eligible to apply each year, although no applicant shall receive grants in excess of the maximum amount determined by the department and announced in the applicable NOFA in any one year. Funds not applied for or allocated under this section may be used for other economic development purposes under Sections 50832 and 50832.1. -(b) The department shall determine and announce in the applicable NOFA the percentage of the total amount of the State Block Grant Program funds not used for economic development that shall be set aside to make technical assistance grants to eligible small cities or counties for purposes including, but not limited to: inventory of housing needing rehabilitation in the district, income surveys of area residents, and any general studies of housing needs in the district. Each applicant shall be required to provide a cash match of up to 25 percent of the total amount requested. A technical assistance grant received under this set-aside is in addition to the city or county ceiling or its ability to apply under the economic development or general program set-asides. Unexpended funds allocated under this section shall revert to the general program, but not to the economic development set-aside. The department shall determine and announce in the applicable NOFA the maximum grant amount per application. Each applicant shall not receive more than two grants per year and shall be eligible to apply each year, although no applicant shall receive grants in excess of the maximum amount determined by the department and announced in the applicable NOFA in any one year. -(c) If, under federal law, the economic development planning and technical assistance grants and the general allocation planning and assistance grants are considered to be administrative expenditures, the department may reduce the percentages of the set-asides by up to the amount necessary to remain within the allowable limits for administrative expenditures. -(d) Two or more jurisdictions may pool their funds and make a joint application for the same project. -(e) General administrative activity planning studies shall not be counted against allocations under this section. -(f) The department may issue a NOFA under which the director may determine that an applicant with one or more current Community Development Block Grant agreements signed in 2012 or later, for which the expenditure deadline established in the grant agreement or agreements has not yet passed, is eligible to apply for and receive an award of, funds pursuant to this chapter, without regard to whether the applicant has expended at least 50 percent of Community Development Block Grant Funds awarded in 2012 or thereafter. For any applicant that is so determined, the director shall include in the application file a written confirmation of eligibility and any award of funds. An application made pursuant to the director’s determination under this section may be evaluated solely on the basis of eligibility, need, benefit, or readiness, without regard to any specific rating criteria provided by Section 7078 of the California Code of Regulations. The awarding of funds to an applicant pursuant to the director’s determination under this section does not exempt those funds from consideration under any expenditure requirement under law. -SEC. 2. -Section 51335 of the Health and Safety Code is amended to read: -51335. -(a) (1) Not less than 20 percent of the total number of units in a multifamily rental housing development financed, or for which financing has been extended or committed, pursuant to this chapter shall be for occupancy on a priority basis by lower income households. If a multifamily rental housing development is located within a targeted area, as described by Section 143(j) of Title 26 of the United States Code, not less than 15 percent of the total number of units financed, or for which financing has been extended or committed pursuant to this chapter, shall be for occupancy on a priority basis by lower income households. Not less than one-half of the units required for occupancy on a priority basis by lower income households shall be for occupancy on a priority basis for very low income households. However, with approval of the board, the agency may waive the priority requirements for very low income households in designated geographic areas of the state upon a determination that the housing needs of a substantial number of lower income households will not otherwise be met. -The rental payments on the units required for occupancy by very low income households paid by the persons occupying the units (excluding any supplemental rental assistance from the state, the federal government, or any other public agency to those persons or on behalf of those units) shall not exceed 30 percent of 50 percent of area median income. If the sponsor elects to establish a base rent for all or part of the units for lower income households and very low income households, the base rents shall be adjusted for household size. In adjusting rents for household size, the agency shall either assume that one person will occupy a studio unit, two persons will occupy a one-bedroom unit, three persons will occupy a two-bedroom unit, four persons will occupy a three-bedroom unit, and five persons will occupy a four-bedroom unit, or commencing September 1, 2016, utilize occupancy assumptions that it determines to be appropriate and commercially reasonable for financing extended pursuant to this chapter. -(2) The local agency issuing permits for the development of the multifamily rental housing development shall consider opportunities to contribute to the economic feasibility of the units and to the provision of units for very low income households through concessions and inducements such as the following: -(A) Reductions in construction and design requirements. -(B) Reductions in setback and square footage requirements and the ratio of vehicular parking spaces that would otherwise be required. -(C) Granting density bonuses. -(D) Providing expedited processing of permits. -(E) Modifying zoning code requirements to allow mixed use zoning. -(F) Reducing or eliminating fees and charges for filing and processing applications, petitions, permits, planning services, water and sewer connections, and other fees and charges. -(G) Reducing or eliminating requirements relating to monetary exactions, dedications, reservations of land, or construction of public facilities. -(H) Other financial incentives or concessions for the multifamily rental housing development which result in identifiable cost reductions, as determined by the agency. The agency shall ensure that the local agency issuing permits for the development considers its responsibilities under this section and makes a good faith effort to enhance the feasibility of the project and to provide housing for lower income households and very low income households. -(3) The agency shall not permit a selection criteria to be applied to certificate holders under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) that is any more burdensome than the criteria applied to all other prospective tenants. -(4) It is the intent of the Legislature that the agency finance projects that assist in meeting the urgent need for providing shelter for lower income households, very low income households, and persons and families of low or moderate income. To that end, the quality of materials and the amenities provided should not be excessive so as to hinder the prospect of achieving the stated goal. The Legislature finds and declares that the design standards utilized by the agency in the past including, but not limited to, the design requirements adopted to govern the new construction program under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), are substantially in excess of those required for a decent, healthy, and safe residential unit and intends, by the amendment adding this paragraph to this section by the Statutes of 1985, that the agency finance multifamily rental developments with substantially less costly design requirements than those required by the agency prior to January 1, 1986. -(5) It is the intent of the Legislature that the agency finance projects that assist in meeting the urgent need for providing shelter for families. To that end, developments with three- and four-bedroom units affordable to larger families shall have priority over competing developments. -(b) As a condition of financing pursuant to this chapter, the housing sponsor shall enter into a regulatory agreement with the agency providing that units reserved for occupancy by lower income households remain available on a priority basis for occupancy until the bonds are retired. The regulatory agreement shall contain a provision making the covenants and conditions of the agreement binding upon successors in interest of the housing sponsor and, notwithstanding any other provision of law, these burdens of the regulatory agreement shall run with the land. The regulatory agreement shall be recorded in the office of the county recorder of the county in which the multifamily rental housing development is located. The regulatory agreement shall be recorded in the grantor-grantee index to the name of the property owner as grantor and to the name of the agency as grantee. -(c) The agency shall ensure that units occupied by lower income households are of comparable quality and offer a range of sizes and number of bedrooms comparable to those units which are available to other tenants. -(d) (1) The agency shall give priority to processing construction loans and mortgage loans or may take other steps such as reducing loan fees for multifamily rental housing developments which incorporate innovative and energy-efficient techniques which reduce development or operating costs and which have the lowest feasible per unit cost, as determined by the agency, based on efficiency of design, the elimination of improvements that are not required by applicable building standards, or a reduction in the amount of local fees imposed on the development. -(2) The agency shall give equal priority to processing construction loans and mortgage loans or may take other steps such as reducing loan fees on multifamily rental housing developments which do any of the following: -(A) Utilize federal housing or development assistance. -(B) Utilize redevelopment funds or other local financial assistance, including, but not limited to, contributions of land, or for which local fees have been reduced. -(C) Are sponsored by a nonprofit housing organization. -(D) Provide a significant number of housing units, as determined by the agency, as part of a coordinated jobs and housing plan adopted by a local government. -(E) Exceed a ratio whereby 20 percent of the units are reserved for occupancy by lower income households, or whereby 10 percent of the units are reserved for occupancy by very low income households, or which provide units for lower income households or very low income households for the longest period of time beyond the minimum number of years. -(e) (1) New and existing rental housing developments may be syndicated after prior written approval of the agency. The agency shall grant that approval only after the agency determines that the terms and conditions of the syndication comply with this section. -(2) The terms and conditions of the syndication shall not reduce or limit any of the requirements of this chapter or regulations adopted or documents executed pursuant to this chapter. No requirements of the state shall be subordinated to the syndication agreement. A syndication shall not result in the provision of fewer assisted units, or the reduction of any benefits or services, than were in existence prior to the syndication agreement. -SEC. 3. -Section 51340 of the Health and Safety Code is amended to read: -51340. -This chapter constitutes an alternative method to finance construction loans and mortgage loans for multifamily rental housing pursuant to the provisions of this chapter. -SEC. 4. -Nothing in this act shall be interpreted to modify the terms of any regulatory agreement recorded on or before August 31, 2016, including, but not limited to, terms that incorporate Section 51335 of the Health and Safety Code by reference. -SEC. 5. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -The lack of availability of affordable housing is of vital statewide importance and must be addressed as quickly as possible, and therefore this act must take immediate effect.","(1) Existing law requires the Department of Housing and Community Development to allocate funds under the federal Community Development Block Grant Program to cities and counties. Existing law requires the department to determine and announce, in the applicable Notice of Funding Availability, the maximum amount of grant funds that may be used for economic development projects and programs, housing for persons and families of low or moderate income or for purposes directly related to the provision or improvement of housing opportunities for these persons and families, and for cities and counties that apply on behalf of certain Indian tribes. Existing law requires the department to develop and use certain eligibility criteria and requirements for certain economic development fund applications. -This bill would authorize the Department of Housing and Community Development to issue a Notice of Funding Availability under which the director of the department could determine that an applicant previously awarded funds is eligible to apply for, and receive, additional funds pursuant to the Community Development Block Grant Program, without regard to whether the applicant has expended at least a certain percentage of funds previously awarded. -(2) Existing law authorizes the Housing Finance Agency to issue revenue bonds for the purpose of financing the acquisition, construction, rehabilitation, refinancing, or development of multifamily rental housing and for the provision of capital improvements in connection with, and determined necessary to, that multifamily rental housing. Existing law requires no less than 20%, or 15% for those multifamily rental housing developments located in a target area, as defined, of the total number of units in a multifamily rental housing development, financed or for which financing has been extended or committed from the proceeds of sale of each bond issuance of the agency, to be for occupancy on a priority basis by lower income households. Existing law further requires that not less than -1/2 -of the units required for occupancy on a priority basis by lower income households be for occupancy on a priority basis for very low income households. -This bill would authorize the agency to waive the priority requirements for very low income households upon approval of the board and a specified determination. -Existing law prohibits rental payments on units required for occupancy by very low income households paid by persons occupying the units from exceeding 30% of 50% of the area median income, and sets forth occupancy assumptions for adjusting rents for household size, as specified. -This bill would, commencing September 1, 2016, authorize the agency to also utilize occupancy assumptions that it has determined are appropriate and commercially reasonable for financing extended pursuant to these provisions. -Existing law provides that the authorization to issue revenue bonds for these purposes constitutes an alternative method to issue bonds for making construction loans and mortgage loans for multifamily rental housing. -This bill would instead provide that the authorization to issue revenue bonds for these purposes constitutes an alternative method to finance construction loans and mortgage loans for multifamily rental housing. -(3) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 50833, 51335, and 51340 of the Health and Safety Code, relating to housing, and declaring the urgency thereof, to take effect immediately." -607,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 13529.6 is added to the Water Code, to read: -13529.6. -On or before December 31, 2016, the state board, in consultation with stakeholders, shall adopt a policy to address the potential for a storm-induced overflow from an impoundment in which recycled water is stored for subsequent beneficial use or aesthetic purposes. This policy shall be developed to maximize the use of available recycled water storage capacity and the potential for recycled water to be used in impoundments designed for aesthetic purposes. In developing this policy, the state board shall consider all of the following: -(a) The need for long- and short-term water supply availability. -(b) Efficient use of water resources. -(c) The need for storage of recycled water to optimize the uses contemplated in this chapter, including uses that vary seasonally. -(d) Protection of long- and short-term economic opportunities. -(e) Human health. -(f) Property protection. -(g) Environmental protection. -(h) Water conservation. -SECTION 1. -Section 13050 of the Water Code is amended to read: -13050. -As used in this division: -(a)“State board” means the State Water Resources Control Board. -(b)“Regional board” means any California regional water quality control board for a region as specified in Section 13200. -(c)“Person” includes any city, county, district, the state, and the United States, to the extent authorized by federal law. -(d)“Waste” includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. -(e)“Waters of the state” means any surface water or groundwater, including saline waters, within the boundaries of the state. -(f)“Beneficial uses” of the waters of the state that may be protected against quality degradation include, but are not limited to, domestic, municipal, agricultural and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves. -(g)“Quality of the water” refers to chemical, physical, biological, bacteriological, radiological, and other properties and characteristics of water that affect its use. -(h)“Water quality objectives” means the limits or levels of water quality constituents or characteristics that are established for the reasonable protection of beneficial uses of water or the prevention of nuisance within a specific area. -(i)“Water quality control” means the regulation of any activity or factor that may affect the quality of the waters of the state and includes the prevention and correction of water pollution and nuisance. -(j)“Water quality control plan” consists of a designation or establishment for the waters within a specified area of all of the following: -(1)Beneficial uses to be protected. -(2)Water quality objectives. -(3)A program of implementation needed for achieving water quality objectives. -(k)“Contamination” means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected. -(l)(1)“Pollution” means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects either of the following: -(A)The waters for beneficial uses. -(B)Facilities that serve these beneficial uses. -(2)“Pollution” may include “contamination.” -(m)“Nuisance” means anything that meets all of the following requirements: -(1)Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. -(2)Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. -(3)Occurs during, or as a result of, the treatment or disposal of wastes. -(n)“Recycled water” means water that, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefor considered a valuable resource. -(o)“Citizen or domiciliary” of the state includes a foreign corporation having substantial business contacts in the state or that is subject to service of process in this state. -(p)(1)“Hazardous substance” means either of the following: -(A)For discharge to surface waters, any substance determined to be a hazardous substance pursuant to Section 311(b)(2) of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.). -(B)For discharge to groundwater, any substance listed as a hazardous waste or hazardous material pursuant to Section 25140 of the Health and Safety Code, without regard to whether the substance is intended to be used, reused, or discarded, except that “hazardous substance” does not include any substance excluded from Section 311(b)(2) of the Federal Water Pollution Control Act because it is within the scope of Section 311(a)(1) of that act. -(2)“Hazardous substance” does not include any of the following: -(A)Nontoxic, nonflammable, and noncorrosive stormwater runoff drained from underground vaults, chambers, or manholes into gutters or storm sewers. -(B)Any pesticide that is applied for agricultural purposes or is applied in accordance with a cooperative agreement authorized by Section 116180 of the Health and Safety Code, and is not discharged accidentally or for purposes of disposal, the application of which is in compliance with all applicable state and federal laws and regulations. -(C)Any discharge to surface water of a quantity less than a reportable quantity as determined by regulations issued pursuant to Section 311(b)(4) of the Federal Water Pollution Control Act. -(D)Any discharge to land that results, or probably will result, in a discharge to groundwater if the amount of the discharge to land is less than a reportable quantity, as determined by regulations adopted pursuant to Section 13271, for substances listed as hazardous pursuant to Section 25140 of the Health and Safety Code. No discharge shall be deemed a discharge of a reportable quantity until regulations set a reportable quantity for the substance discharged. -(q)(1)“Mining waste” means all solid, semisolid, and liquid waste materials from the extraction, beneficiation, and processing of ores and minerals. Mining waste includes, but is not limited to, soil, waste rock, and overburden, as defined in Section 2732 of the Public Resources Code, and tailings, slag, and other processed waste materials, including cementitious materials that are managed at the cement manufacturing facility where the materials were generated. -(2)For the purposes of this subdivision, “cementitious material” means cement, cement kiln dust, clinker, and clinker dust. -(r)“Master recycling permit” means a permit issued to a supplier or a distributor, or both, of recycled water, that includes waste discharge requirements prescribed pursuant to Section 13263 and water recycling requirements prescribed pursuant to Section 13523.1.","Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the federal Clean Water Act and the Porter-Cologne Water Quality Control -Act (state act). The state act defines various terms for purposes of the act. -Act. Existing law requires any person who causes or permits an unauthorized discharge of a specified amount of recycled water in any waters of the state or where the recycled water is, or probably will be, discharged in or on any waters of the state, to notify the appropriate regional board, as prescribed. -This bill would make various nonsubstantive changes to these definitions. -This bill, on or before December 31, 2016, would require the state board, in consultation with stakeholders, to adopt a policy to address the potential for a storm-induced overflow from an impoundment in which recycled water is stored for subsequent beneficial use or aesthetic purposes.","An act to -amend Section 13050 of -add Section 13529.6 to -the Water Code, relating to water quality." -608,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature that this act shall not affect any existing responsibility of the state or the San Diego Unified Port District for any pollution or contamination that may exist in the territory granted to the district pursuant to this act, at the time of the grant -. -SEC. 2. -Section 5.7 is added to the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962), to read: -Sec. 5.7. -(a) There is hereby granted in trust to the district all the right, title, and interest of the State of California, held by the state by virtue of its sovereignty, in and to all those remaining tidelands and submerged lands not previously granted, whether filled or unfilled, within the San Diego Bay. -(b) The district shall own, operate, and manage the public trust lands granted pursuant to subdivision (a) in accordance with the same terms, trusts, and conditions as the tide and submerged lands otherwise granted under this act. -(c) (1) (A) (i) By June 30, 2017, the district shall transfer to the State Lands Commission the initial sum of two hundred thirty-four thousand five hundred thirty-eight dollars ($234,538) from the revenues generated on the lands granted pursuant to subdivision (a). This initial amount is based on the estimated gross annual revenues generated, as of June 30, 2017, from the lands granted pursuant to subdivision (a). -(ii) By June 30, 2018, and at the end of each fiscal year thereafter, the initial sum required to be transferred pursuant to clause (i) shall be adjusted according to the change in the Consumer Price Index, and that adjusted amount shall be transferred to the State Lands Commission. -(B) If the gross annual revenues generated by the lands granted pursuant to subdivision (a) exceed the amount required to be transferred to the commission pursuant to subparagraph (A), the district shall, in addition, transfer to the State Lands Commission 20 percent of the total amount of the excess annual gross revenues. -(C) Notwithstanding subparagraph (B), the State Lands Commission may, at its discretion and at a properly noticed public meeting, enter into different revenue sharing agreements, upon proposal by the district, if it finds that the agreement will provide a significant benefit to the public trust and is in the best interests of the state. -(2) Upon receipt of the moneys pursuant to paragraph (1), the State Lands Commission shall allocate 80 percent to the Treasurer for deposit in the General Fund, and 20 percent to the Treasurer for deposit in the Land Bank Fund for expenditure, pursuant to Division 7 (commencing with Section 8600) of the Public Resources Code, for management of the commission’s granted lands program. -(d) On or before July 1, 2019, the State Lands Commission shall survey, monument, plat, and record or file with the Office of the County Recorder of the County of San Diego the area of tidelands and submerged lands granted to the district pursuant to subdivision (a). The district shall reimburse the State Lands Commission for its surveying expenses and shall pay all costs of the survey and recordation. -(e) The requirements of Section 6359 of the Public Resources Code do not apply to the trust lands granted pursuant to this section. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. -SECTION 1. -Section 5.5 of the -San Diego Unified Port District Act -(Chapter 67 of the Statutes of 1962, First Extraordinary Session), is amended to read: -SEC. 5.5. -(a)There is hereby granted and conveyed in trust to the San Diego Unified Port District in the County of San Diego all the right, title, and interest of the State of California, except as hereafter reserved and upon those conditions that are specified in subdivision (c), acquired and held by the state pursuant to an agreement and deeds identified as Documents Number 1999 0845732, 1999 0845736, and 1999 0845737, recorded December 30, 1999, Official Records, San Diego County, and that are further described as follows: -(1)Parcel No. 1, which consists of that portion of the southwest quarter of the southwest quarter of quarter Section 163 and that portion of the northwest quarter of the northwest quarter of quarter Section 164 of Rancho De La Nacion in the City of Chula Vista, County of San Diego, State of California, according to map thereof no. 166 filed in the Office of the County Recorder of San Diego County May 11, 1869, and all of lots 7, 8, 9, 10, and 11 and those portions of lots 1, 2, 3, 4, 5, 6, 12, 13, 14, and 15 in block “B” of resubdivision of Bay Villa Tract, according to map thereof no. 1198, filed in the Office of the County Recorder of San Diego County August 6, 1909. Together with those portions of Walnut Street adjoining said block “B” on the west and the alley lying within said block “B” and that portion of “I” Street lying within said quarter Sections 163 and 164 as vacated and closed to public use by resolution of the City Council of the City of Chula Vista recorded August 12, 1971, as file no. 179188 of official records described as a whole as follows: -Beginning at a point on the southerly line of said quarter Section 163, distance thereon 20.00 feet easterly from the southwest corner thereof; thence north 17°46´58ȳ west on a line 20.00 feet easterly from and parallel with the westerly line of said quarter Section 163, a distance of 1282.11 feet to a point on the southerly line of “H” Street as shown on said map no. 1198; thence along said southerly line north 72°12´15ȳ east 19.89 feet to a point on the westerly line of that land conveyed to the State of California (Caltrans) by deed recorded August 1, 1968, as file no. 130106 of official records; thence along the westerly boundary of said Caltrans land the following seven courses: (1) south 17°48´37ȳ east 5.95 feet; (2) north 74°58´17ȳ east 188.10 feet to the beginning of a tangent 45.00 foot radius curve concave southwesterly; (3) southeasterly along the arc of said curve through a central angle of 73°18´01ȳ a distance of 57.57 feet; (4) tangent to said curve south 31°43´55ȳ east 181.34 feet; (5) south 26°51´03ȳ east 342.59 feet to the beginning of a tangent 1669.99 foot radius curve concave westerly; (6) southerly along the arc of said curve through a central angle of 14°20´28ȳ a distance of 418.00 feet; and (7) south 12°30´35ȳ east 303.54 feet to the centerline of “I” Street as closed and vacated; thence along said centerline south 72°15´16ȳ west 332.90 feet to the point of beginning. -(2)Parcel No. 2, which consists of those portions of fractional quarter Section 170 and 171 of the Rancho De La Nacion in the City of Chula Vista, in the County of San Diego, State of California, according to map thereof by Morrill, filed as map no. 166 filed in the Office of the County Recorder of San Diego County, bounded and described, as follows: -Commencing at the Northeast corner of said fractional quarter Section 171; thence south 17°54´28ȳ east along the easterly line of said fractional quarter section, 1270.95 feet to a point on a line nine feet parallel to and northerly of the westerly prolongation of the northerly line of “H” Street as said street is shown on the map of Bay Villa Tract, according to map thereof no. 1198, on file in the Office of the County Recorder of San Diego County; thence south 72°12´00ȳ west along said parallel line, a distance of 170.00 feet to the true point of beginning of this description; thence parallel with and distant 170.00 feet westerly from the easterly line of said fractional quarter sections, the following three courses and distances: (1) south 17°54´28ȳ east 49.14 feet; (2) south 17°47´12ȳ east 1321.96 feet; and (3) south 17°50´01ȳ east 1283.10 feet to a point in the westerly prolongation of the northerly line of “J” Street, as shown on record of survey no. 917 on file in the Office of the County Recorder of San Diego County; thence along said westerly prolongation south 72°04´39ȳ west 593.24 feet to a point on the ordinary high water mark of San Diego Bay, as said ordinary high water mark was fixed and established by that agreement recorded June 22, 1953, in book 4897, page 408, of official records, San Diego County and as shown on miscellaneous map no. 217 on file in the Office of the County Recorder of San Diego County; thence along said ordinary high water mark the following eight courses and distances: (1) north 07°04´12ȳ west 491.51 feet to station 117; (2) north 04°01´57ȳ west 568.80 feet to station 116; (3) north 14°12´27ȳ west 489.77 feet to station 115; (4) north 22°26´52ȳ west 184.97 feet to station 114; (5) north 57°45´31ȳ west 230.80 feet to station 113; (6) north 20°56´53ȳ west 453.58 feet to station 112; (7) north 24°18´00ȳ west 233.28 feet to station 111; and (8) north 30°20´10ȳ west 87.43 feet to a point on a line nine feet parallel to and northerly of the westerly prolongation of the northerly line of “H” Street as described; thence along said parallel line north 72°12´00ȳ east 568.65 feet to the true point of beginning. -(b)The lease of the lands that are described in subdivision (a), designated No. PRC 8121, from the State Lands Commission to the district shall terminate on January 1, 2001. -(c)The district shall own, operate, and manage the public trust lands described in subdivision (a) in accordance with the same terms, trusts, and conditions as the tide and submerged lands granted to it and held pursuant to Chapter 67 of the Statutes of 1962 of the First Extraordinary Session, as amended.","Existing -(1) Existing -law authorizes the establishment of the San Diego Unified Port District for the acquisition, construction, maintenance, operation, development, and regulation of harbor works and improvements for the harbor of San Diego and for the promotion of commerce, navigation, fisheries, and recreation. Existing law specifies the territory to be included in the district and grants and conveys in trust to the San Diego Unified Port District in the County of San Diego all the right, title, and interest of the State of California acquired by the state pursuant to specified deeds. -Existing law requires the State Lands Commission to manage specified public lands in the state, including tidelands and submerged lands. Existing law further establishes the Land Bank Fund in the State Treasury, and continuously appropriates moneys in the fund to the commission for expenditure for specified purposes related to land management, the preservation of open space, habitat for plants and animals, and public access. -This bill would -make nonsubstantive changes in those provisions pertaining to the territory held in trust by the San Diego Unified Port District. -grant in trust to the district certain additional tidelands and submerged lands held by the state within the San Diego Bay, subject to certain terms and conditions, as prescribed. The bill would require the district, by June 30, 2017, and at the end of every fiscal year thereafter, to transfer to the State Lands Commission specified amounts of the revenues generated on those granted tidelands and submerged lands, and would require the commission to allocate those revenues to the Treasurer for deposit in the General Fund and the Land Bank Fund for management of the commission’s granted lands program. By authorizing the deposit of additional moneys into a continuously appropriated fund, the bill would make an appropriation. The bill would require the commission, on or before July 1, 2019, to survey, monument, plat, and record or file with the Office of the County Recorder of the County of San Diego the area of tidelands and submerged lands granted pursuant to the bill. By imposing new duties on the district with regard to the management of, and accounting and transfer of funds from, those granted lands, the bill would impose a state-mandated local program. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to -amend Section 5.5 of -add Section 5.7 to -the San Diego Unified Port District Act (Chapter 67 of -the First Extraordinary Session of -the Statutes of -1962, First Extraordinary Session), -1962), -relating to the San Diego Unified Port -District. -District, and making an appropriation therefor." -609,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 20751 of the Food and Agricultural Code is amended to read: -20751. -The fee for each application for recording a brand is seventy dollars ($70). -SEC. 2. -Section 20754 of the Food and Agricultural Code is amended to read: -20754. -Except as otherwise provided in Section 20755, the owner of a brand shall, on or before April 30 after its recordation, pay to the bureau a biennial period renewal fee of seventy dollars ($70) for the right to continue to use the brand. -SEC. 3. -Section 20755 of the Food and Agricultural Code is amended to read: -20755. -The owner of a recorded brand may, on or before April 30 of any year, pay in advance to the bureau a sum that is a multiple of seventy dollars ($70). The payment entitles him or her to use the brand for a minimum of two years, but not to exceed 10 years, at the rate of thirty-five dollars ($35) per year on and after April 1 of that year. If the advance payment is made, biennial renewals for the years within the period for which advance payment has been made are not required. -SEC. 4. -Section 20756 of the Food and Agricultural Code is amended to read: -20756. -If the right to use a brand is suspended for failure to pay the renewal fee, it may be reinstated within one year from the date of suspension upon the payment of the biennial renewal fee of seventy dollars ($70) plus a twenty-five dollar ($25) penalty fee. -SEC. 5. -Section 20757 of the Food and Agricultural Code is amended to read: -20757. -(a) Except as provided in subdivision (b), the fee for rerecording a forfeited or canceled brand shall be one hundred forty dollars ($140). This amount shall accompany the application to rerecord. -(b) When a penalty has been paid pursuant to Section 20222, within 30 days of the date the application to rerecord is received by the secretary, the fee to rerecord shall be seventy dollars ($70). -SEC. 6. -Section 20758 of the Food and Agricultural Code is amended to read: -20758. -The fee for recording the transfer of a brand, including a new certificate, is seventy dollars ($70). -SEC. 7. -Section 21060.4 is added to the Food and Agricultural Code, to read: -21060.4. -(a) Inspection is not required in cases where cattle are sold or ownership is transferred under all of the following circumstances: -(1) The individual or entity with a controlling interest in the cattle remains unchanged. -(2) The cattle will not be moved out of state or out of a modified point-of-origin inspection area. -(3) The cattle are associated with either a registered brand or dairy exemption number. -(b) All persons who have ownership in the cattle, including both the transferor and the transferee, shall, within 30 days of ownership transfer, self-certify, under penalty of perjury, to the department as to their ownership in the cattle on a form prescribed by the department. -(c) The department may charge a fee to cover the reasonable costs of processing the form identified in subdivision (b), but the fee shall not exceed fifty dollars ($50) or the department’s actual costs of conducting these activities. -(d) An owner of cattle that is otherwise exempt from inspection pursuant to this section may elect to have that cattle inspected pursuant to Section 21051. -(e) A violation of this section shall be subject to the penalties described in Section 21051.3. -SEC. 8. -Section 21283 of the Food and Agricultural Code is amended to read: -21283. -(a) Unless otherwise provided in this article, inspection fees shall be paid at the point of inspection. -(b) The fee for inspection is one dollar and twenty-five cents ($1.25) for each animal that is inspected, except as follows: -(1) The fee for inspection at a registered feedlot, as defined in Section 20015, is sixty-four cents ($0.64) for each animal that is inspected. -(2) The fee for inspecting an animal that originated in another state and was shipped into this state for feeding direct to a registered feedlot is forty-three cents ($0.43) for each animal that is inspected. -(3) The fee for inspecting an animal that was inspected at a posted stockyard, or posted saleyard, in this state, and shipped direct to a registered feedlot, is forty-three cents ($0.43) for each animal that is inspected. -SEC. 9. -Section 21283.5 of the Food and Agricultural Code is amended to read: -21283.5. -Except as otherwise provided in this article, on all private treaty transaction inspections, as defined in Section 20026, regardless of destination, the fee of one dollar and twenty-five cents ($1.25) shall be paid at the point of inspection for each animal that is inspected. -SEC. 10. -Section 21285 of the Food and Agricultural Code is amended to read: -21285. -The fee is one dollar and twenty-five cents ($1.25) for the inspection before sale of each animal at a public saleyard that is posted by the Secretary of Agriculture of the United States or at a public saleyard if the animal originated in another state and it was shipped to this state, consigned to that public stockyard or public saleyard. -SEC. 11. -Section 21288 of the Food and Agricultural Code is amended to read: -21288. -In a modified point-of-origin inspection area, as provided in Section 21111, the fee for the inspection of cattle, other than suckling calves that are accompanying their mothers, is one dollar and twenty-five cents ($1.25) per head if the cattle are transported out of the area for purposes other than sale or slaughter and no change of ownership is involved. -SEC. 12. -Section 21288.5 of the Food and Agricultural Code is amended to read: -21288.5. -For cattle, other than suckling calves accompanying their mothers, transported out of the state for purposes other than sale or slaughter and where no change of ownership is involved, the inspection fee is one dollar and twenty-five cents ($1.25) per head. -SEC. 13. -Section 21563 of the Food and Agricultural Code is amended to read: -21563. -Except as otherwise provided in this article, the fee shall be paid at the point of inspection and is one dollar and seventy cents ($1.70) for each carcass or hide that is inspected. -SEC. 14. -Section 21563.5 of the Food and Agricultural Code is amended to read: -21563.5. -The fee for the inspection of each carcass or hide shall be one dollar and seventy cents ($1.70) for each carcass and hide originating in those counties or geographical areas where a point-of-origin inspection is maintained pursuant to Article 4 (commencing with Section 21141) of Chapter 6. -SEC. 15. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law establishes a system for the recordation of cattle brands and establishes various fees in connection with the recordation and the use of a brand, as specified. Existing law also establishes various inspection fees per cattle, as specified. Existing law requires these fees to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund. -This bill would increase the inspection fees and other various fees in connection with the recordation and use of cattle brands. By increasing the amount of fees deposited in a continuously appropriated fund, this bill would make an appropriation. -(2) Existing law requires cattle to be inspected before being moved or transported under certain circumstances, including whenever cattle are sold. -This bill would exempt cattle that are being sold or whose ownership is being transferred from these inspection provisions if the individual or entity with a controlling interest in the cattle remains unchanged, if the cattle will not be moved out of state or out of a modified point-of-origin inspection area, and if the cattle are associated with either a registered brand or dairy exemption number. The bill would require, within 30 days of ownership transfer, all persons who have ownership in the cattle, including both the transferor and the transferee, to self-certify, under penalty of perjury, to the Department of Food and Agriculture as to their ownership in the cattle on a form prescribed by the department. By creating a new crime, this bill would impose a state-mandated local program. The bill would authorize the department to charge a fee to cover the reasonable costs of processing the form but would prohibit the fee from exceeding $50 or the department’s actual costs of conducting these activities. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 20751, 20754, 20755, 20756, 20757, 20758, 21283, 21283.5, 21285, 21288, 21288.5, 21563, and 21563.5 of, and to add Section 21060.4 to, the Food and Agricultural Code, relating to livestock, and making an appropriation therefor." -610,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 102025 of the Public Utilities Code is amended to read: -102025. -“Member entity” means a city or county that is within the boundaries of the district as defined in Section 102052.5. -SEC. 2. -Section 102052.5 of the Public Utilities Code is repealed. -SEC. 3. -Section 102052.5 is added to the Public Utilities Code, to read: -102052.5. -(a) The boundaries of the district shall include (1) the City of Sacramento and the City of Rancho Cordova; (2) the unincorporated territory of the County of Sacramento that is within the urban service area, as determined by the Board of Supervisors, and not otherwise divided from the rest of the unincorporated territory that is within the urban service area by an incorporated city not previously described in this subdivision; (3) a city or county listed in Section 102051 that has annexed to the district pursuant to the process specified in Section 102055; and (4) a city incorporated on or after January 1, 2016, which city consists entirely of territory that was included in the district prior to the city’s incorporation. -(b) (1) The boundaries of the district shall not be affected by the incorporation of any territory wholly or partly within the boundaries of the district or by reason of annexation to or detachment from any city or territory wholly or partly within the boundaries of the district, except as provided in this section. -(2) Where territory outside the district is annexed to any city included in the district, that territory shall, upon the completion of the annexation proceeding, be deemed incorporated into and annexed to the district. -(3) Where territory is incorporated as a new city, on or after January 1, 2016, and is partly within and partly outside the district, the entire territory shall, upon completion of the incorporation proceeding, be deemed incorporated into and annexed to the district. -(4) Where territory that is within the boundaries of the district is annexed to any city that is not a member entity, that territory shall remain part of the district unless, at the time of annexation, (A) no transit service is operated by the district within the annexed territory or within one-half mile of any outside boundary of the annexed territory and (B) no transit service is planned by the district, as evidenced by the district’s adopted short-range transit plan, for the annexed territory or within one-half mile of any outside boundary of the annexed territory within five years of the annexation, in which case that territory may be detached from the district if the Sacramento County Local Agency Formation Commission determines, during the annexation proceedings, that the area would be better served by the annexing city than the district. The detachment may be accomplished without proceeding with the detachment process in Section 102056. -(c) Whenever territory is deemed incorporated into and annexed to the district pursuant to this section, that territory shall be subject to taxation, in accordance with the assessable valuation of the property in that territory for general district purposes and for payment of any indebtedness previously or thereafter incurred by the district. -SEC. 4. -Section 102053 of the Public Utilities Code is amended to read: -102053. -The district may operate and exercise the powers under this part within any city, provided that the district shall have no power to levy an ad valorem property tax within the boundaries of any city that is not within the boundaries of the district as defined in Section 102052.5. -SEC. 5. -Section 102054 of the Public Utilities Code is amended to read: -102054. -The district may operate and exercise the powers under this part within all or a part of the unincorporated area of any county, provided that the district shall have no power to levy an ad valorem property tax within the unincorporated area that is not within the boundaries of the district as defined in Section 102052.5. -SEC. 6. -Section 102055 of the Public Utilities Code is repealed. -SEC. 7. -Section 102055 is added to the Public Utilities Code, to read: -102055. -(a) Any city or county listed in Section 102051 may be annexed to the district in the manner provided in this section. -(b) The legislative body of the city or county proposed to be annexed shall agree in writing with the board of directors upon the terms and conditions of annexation, which agreement, among other things, may provide for the levy and collection of special taxes within the city or unincorporated area of the county in addition to the taxes otherwise provided for in this part; the fixing of rates, rentals, and charges differing from those fixed or existing elsewhere within the district; the incurring or assumption of indebtedness; the making of a payment or payments; or the transfer of property, real and personal, and other assets to the district by the city or county. -SEC. 8. -Section 102056 is added to the Public Utilities Code, to read: -102056. -(a) Territory within the district may be detached from the district by a supermajority vote of the board of directors, which shall be at least 80 percent of the nonweighted vote of the existing board, and by a majority vote of the governing body of the territory proposed to be detached, provided that the detached territory shall not be relieved from liability for taxation for the payment of any bonded indebtedness existing at the time of detachment, and provided that all other pending legal and financial obligations have been resolved by mutual agreement. -(b) The detachment of territory from the district shall become effective upon giving of the notice required in Section 57204 of the Government Code. -(c) Notice of the detachment of territory from the district shall be given to each assessor whose roll is used for a tax levy made pursuant to this part and to the State Board of Equalization pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code.","Existing law provides for the creation of the Sacramento Regional Transit District, with specified powers and duties relative to the provision of public transit services. Existing law describes the authorized boundaries of the district, as specified, and provides that the boundaries of the district, at any point in time, shall consist of the area of any city or county within the authorized boundaries where the governing board of the city or county has declared a need for the district to operate. Existing law authorizes the district to operate in any city or county where the need for the district to operate has been declared, except that the district has no power to levy an ad valorem property tax unless a city or county adopts a specified resolution. Existing law provides for a city or county to annex to the district through a written request to the district and approval by the Sacramento Area Council of Governments. -This bill would revise and recast these provisions. The bill would provide that the boundaries of the district, at any point in time, shall consist of specified areas, including a city or county that has acted to annex to the district, and a city incorporated on or after January 1, 2016, if the newly incorporated city consists of territory that was included in the district prior to incorporation. The bill would require an annexation to be subject to an agreement between the annexing city or county and the district board specifying the terms and conditions of annexation, and would delete the requirement for approval of annexation by the Sacramento Area Council of Governments. The bill would provide procedures for detachment of territory within the district by a specified supermajority vote of the district board and a majority vote of the governing body of the territory proposed to be detached.","An act to amend Sections 102025, 102053, and 102054 of, to add Section 102056 to, and to repeal and add Sections 102052.5 and 102055 of, the Public Utilities Code, relating to public transit." -611,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Since 1997, California has adopted academic content standards in a variety of subjects, including English language arts, mathematics, science, history-social science, visual and performing arts, health, world languages, physical education, and career and technical education. -(b) Starting in 2010, California adopted new academic content standards in certain subjects, including the common core state standards in English language arts and mathematics, and the Next Generation Science Standards. -(c) There is currently no process in place to update content standards, except for the creation of new legislation that authorizes new standards in a given subject. -(d) Given regular changes in disciplinary knowledge and academic research, it is often necessary to make modifications to content standards that do not constitute a complete revision. -(e) A process for regular updating of the standards should be designed to emphasize public access to the process, a reliance on scholarship and current and confirmed research, and minimal disruption to school districts using curriculum and assessments based upon the standards. -SEC. 2. -Section 60605.12 is added to the Education Code, to read: -60605.12. -(a) By January 1, 2017, the Superintendent shall recommend to the state board a schedule for the regular update of academic content standards in all subjects for which standards have been adopted by the state board. The schedule shall be aligned to the current eight-year cycle of curriculum framework updates and instructional materials adoptions pursuant to paragraph (1) of subdivision (b) of Section 60200. It is the intent of the Legislature that content standards are updated before the revising of curriculum frameworks, and that curriculum framework revisions occur before the adoption of instructional materials. -(b) (1) When the academic content standards in a given subject area come up for review according to the schedule adopted under subdivision (a), the state board shall make a determination as to whether those standards require an update. That determination shall be based upon the following considerations: -(A) The amount of time since the standards were adopted or last updated. -(B) Whether additional research conducted since the standards were adopted or last updated justifies updates to the standards. -(C) The potential impact on existing curriculum, instructional materials, and assessment systems based upon the standards. -(2) Nothing in this subdivision shall be construed to prohibit the consideration of national standards adopted by other states in making this determination. -(c) If the state board determines that an update to the academic content standards in a given subject is warranted, it shall convene an academic content standards advisory committee to recommend updates to the content standards in that subject. An academic content standards advisory committee shall consist of 21 members, appointed as follows: -(1) Ten members appointed by the Governor. -(2) Four members appointed by the Senate Committee on Rules. -(3) Four members appointed by the Speaker of the Assembly. -(4) Three members appointed by the Superintendent. -(d) Members of an academic content standards advisory committee shall serve at the pleasure of the appointing authority. -(e) Not less than one-half of the members appointed by each of the appointing authorities pursuant to subdivision (c) shall be current public school elementary or secondary classroom teachers who have a professional credential under state law, and meet the definition of “highly qualified” under federal law. -(f) It is the intent of the Legislature that all of the following occur: -(1) The academic content standards advisory committees include representation from teachers of different grade level spans, including elementary, middle, and high school grades. -(2) A member of an academic content standards advisory committee possesses a thorough knowledge of the academic content standards in the content area and grade level span in which he or she is appointed. -(3) An academic content standards advisory committee membership reflects the diversity of the various ethnic groups, types of school districts, and regions in California. -(g) Each academic content standards advisory committee shall review the content standards established in its particular subject matter and shall prepare updates to the standards as the committee deems necessary. -(h) When making its recommendation, an academic content standards advisory committee shall consider both of the following criteria: -(1) The extent to which its proposed updates reflect current and confirmed research in the subject area under consideration. -(2) The impact that the proposed updates will have upon school districts and existing curricula and assessments. -(i) An academic content standards advisory committee shall conduct at least two, and no more than six, in-person meetings that are open to the public and include opportunities for public input. An academic content standards advisory committee may convene additional meetings by teleconference or the Internet subject to the requirements of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. -(j) Upon completing this review, the terms of the members of an academic content standards advisory committee shall cease. -(k) Upon updating the standards, an academic content standards advisory committee shall forward them to the state board, which shall do either of the following within 120 days of the -receipt: -receipt of the updated standards: -(1) Adopt the proposed updates as proposed by the committee. -(2) Reject the proposed updates as proposed by the committee. If the state board rejects the standards it shall provide a specific written explanation to the Superintendent, the Governor, and the Legislature of the reasons why the proposed standards were rejected. -(l) Before final action pursuant to subdivision -(g), -(k), -the department shall post on its Internet Web site the updates proposed by an academic content standards advisory committee for a minimum of 60 days. The department shall include a link by which members of the public may submit comments on the proposed updates. -(m) Members of an academic content standards advisory committee shall serve without compensation, except for actual and necessary travel expenses and substitute costs. -(n) The Superintendent shall develop, and the state board shall adopt, guidelines to implement this section. -(o) The convening of an academic content standards advisory committee is contingent upon the Legislature appropriating funds for that purpose in the annual Budget Act.","Existing law required the State Board of Education to adopt statewide academic content standards in the core curriculum areas of reading, writing, and mathematics, and requires the Academic Content Standards Commission to develop academic content standards in language arts and mathematics. Existing law also authorizes the Superintendent of Public Instruction to recommend, and for the state board to approve, modifications to the common core academic content standards in mathematics, as specified. -This bill would require the Superintendent, by January 1, 2017, to recommend to the state board a schedule for the regular update of academic content standards in all subjects for which standards have been adopted by the state board in accordance with specified procedures, including the establishment of academic content standards advisory committees for those purposes and the recommendation of proposed updates by those committees to the state board.","An act to add Section 60605.12 to the Education Code, relating to academic content standards." -612,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 5845 of the Welfare and Institutions Code is amended to read: -5845. -(a) The Mental Health Services Oversight and Accountability Commission is hereby established to oversee Part 3 (commencing with Section 5800), the Adult and Older Adult Mental Health System of Care Act; Part 3.1 (commencing with Section 5820), Human Resources, Education, and Training Programs; Part 3.2 (commencing with Section 5830), Innovative Programs; Part 3.6 (commencing with Section 5840), Prevention and Early Intervention Programs; and Part 4 (commencing with Section 5850), the Children’s Mental Health Services Act. The commission shall replace the advisory committee established pursuant to Section 5814. The commission shall consist of 17 voting members as follows: -(1) The Attorney General or his or her designee. -(2) The Superintendent of Public Instruction or his or her designee. -(3) The Chairperson of the Senate Health and Human Services Committee or another member of the Senate selected by the President pro Tempore of the Senate. -(4) The Chairperson of the Assembly Health Committee or another member of the Assembly selected by the Speaker of the Assembly. -(5) Two persons with a severe mental illness, a family member of an adult or senior with a severe mental illness, a family member of a child who has or has had a severe mental illness, a physician specializing in alcohol and drug treatment, a mental health professional, a county sheriff, a superintendent of a school district, a representative of a labor organization, a representative of an employer with less than 500 employees and a representative of an employer with more than 500 employees, a representative of a health care services plan or insurer, and a person who has experience providing supportive housing to persons with a severe mental illness, all appointed by the Governor. In making appointments, the Governor shall seek individuals who have had personal or family experience with mental illness. -(b) Members shall serve without compensation, but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties. -(c) The term of each member shall be three years, to be staggered so that approximately one-third of the appointments expire in each year. -(d) In carrying out its duties and responsibilities, the commission may do all of the following: -(1) Meet at least once each quarter at any time and location convenient to the public as it may deem appropriate. All meetings of the commission shall be open to the public. -(2) Within the limit of funds allocated for these purposes, pursuant to the laws and regulations governing state civil service, employ staff, including any clerical, legal, and technical assistance as may appear necessary. The commission shall administer its operations separate and apart from the State Department of Health Care Services and the California Health and Human Services Agency. -(3) Establish technical advisory committees such as a committee of consumers and family members. -(4) Employ all other appropriate strategies necessary or convenient to enable it to fully and adequately perform its duties and exercise the powers expressly granted, notwithstanding any authority expressly granted to any officer or employee of state government. -(5) Enter into contracts. -(6) Obtain data and information from the State Department of Health Care Services, the Office of Statewide Health Planning and Development, or other state or local entities that receive Mental Health Services Act funds, for the commission to utilize in its oversight, review, training and technical assistance, accountability, and evaluation capacity regarding projects and programs supported with Mental Health Services Act funds. -(7) Participate in the joint state-county decisionmaking process, as contained in Section 4061, for training, technical assistance, and regulatory resources to meet the mission and goals of the state’s mental health system. -(8) Develop strategies to overcome stigma and discrimination, and accomplish all other objectives of Part 3.2 (commencing with Section 5830), 3.6 (commencing with Section 5840), and the other provisions of the act establishing this commission. -(9) At any time, advise the Governor or the Legislature regarding actions the state may take to improve care and services for people with mental illness. -(10) If the commission identifies a critical issue related to the performance of a county mental health program, it may refer the issue to the State Department of Health Care Services pursuant to Section 5655. -(11) Assist in providing technical assistance to accomplish the purposes of the Mental Health Services Act, Part 3 (commencing with Section 5800), and Part 4 (commencing with Section 5850) in collaboration with the State Department of Health Care Services and in consultation with the County Behavioral Health Directors Association of California. -(12) Work in collaboration with the State Department of Health Care Services and the California Mental Health Planning Council, and in consultation with the County Behavioral Health Directors Association of California, in designing a comprehensive joint plan for a coordinated evaluation of client outcomes in the community-based mental health system, including, but not limited to, parts listed in subdivision (a). The California Health and Human Services Agency shall lead this comprehensive joint plan effort. -SEC. 2. -The Legislature finds and declares that this act is consistent with and furthers the intent of the Mental Health Services Act within the meaning of Section 18 of the Mental Health Services Act.","Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission, and requires the commission to consist of 16 voting members, including, among others, two persons with a severe mental illness and a mental health professional, all appointed by the Governor. The act may be amended by the Legislature by a -2/3 -vote of both houses and only so long as the amendment is consistent with and furthers the intent of the act. The Legislature may clarify procedures and terms of the act by majority vote. -The bill would require the Governor to appoint an additional member to the commission who has experience providing supportive housing to persons with a severe mental illness. The bill would state the findings and declarations of the Legislature that this change is consistent with and furthers the intent of the act.","An act to amend Section 5845 of the Welfare and Institutions Code, relating to mental health." -613,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 66703 of the Government Code is amended to read: -66703. -(a) The authority shall be governed by a board composed of seven voting members, as follows: -(1) One member shall be an elected official of a bayside city or county, or an elected member of a special district, with expertise in the implementation of Chapter 4.5 (commencing with Section 31160) of Division 21 of the Public Resources Code and shall serve as the chair. -(2) One member shall be an elected official of a bayside city or county in the North Bay. For purposes of this subdivision, the North Bay consists of the Counties of Marin, Napa, Solano, and Sonoma. -(3) One member shall be an elected official of a bayside city or county in the East Bay. For purposes of this subdivision, the East Bay consists of Contra Costa County and the portion of Alameda County that is north of the southern boundary of the City of Hayward, excluding the Delta primary zone. -(4) One member shall be an elected official of a bayside city or county in the South Bay. For purposes of this subdivision, the South Bay consists of Santa Clara County, the portion of Alameda County that is south of the southern boundary of the City of Hayward, and the portion of San Mateo County that is south of the northern boundary of Redwood City. -(5) One member shall be an elected official of a bayside city or county in the West Bay. For purposes of this subdivision, the West Bay consists of the City and County of San Francisco and the portion of San Mateo County that is north of the northern boundary of Redwood City. -(6) Two members shall be elected officials of one or more of the following: -(A) A bayside city or county. -(B) A regional park district, regional open-space district, or regional park and open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of the Public Resources Code that owns or operates one or more San Francisco Bay shoreline parcels. -(b) The Association of Bay Area Governments shall appoint the members. -(c) Each member shall serve at the pleasure of his or her appointing authority. -(d) A vacancy shall be filled by the Association of Bay Area Governments within 90 days from the date on which the vacancy occurs. -SEC. 2. -Section 66704 of the Government Code is amended to read: -66704. -The authority has, and may exercise, all powers, expressed or implied, that are necessary to carry out the intent and purposes of this title, including, but not limited to, the power to do all of the following: -(a) (1) Levy a benefit assessment, special tax levied pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, or property-related fee consistent with the requirements of Articles XIII A, XIII C, and XIII D of the California Constitution, including, but not limited to, a benefit assessment levied pursuant to paragraph (2), except that a benefit assessment, special tax, or property-related fee shall not be levied pursuant to this subdivision after December 31, 2048. -(2) The authority may levy a benefit assessment pursuant to any of the following: -(A) The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code). -(B) The Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code). -(C) The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code). -(D) The Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code), notwithstanding Section 22501 of the Streets and Highways Code. -(E) Any other statutory authorization. -(b) Apply for and receive grants from federal and state agencies. -(c) Solicit and accept gifts, fees, grants, and allocations from public and private entities. -(d) Issue revenue bonds for any of the purposes authorized by this title pursuant to the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5). -(e) Incur general obligation bonded indebtedness for the acquisition or improvement of real property or for funding or refunding of any outstanding indebtedness, subject to the following requirements: -(1) The principal and interest of any general obligation bonded indebtedness incurred pursuant to this subdivision shall be paid and discharged prior to January 1, 2049. -(2) For purposes of incurring general obligation bonded indebtedness pursuant to this subdivision, the authority shall comply with the requirements of Article 11 (commencing with Section 5790) of Chapter 4 of Division 5 of the Public Resources Code. For purposes of this subdivision, all references in Article 11 (commencing with Section 5790) of Chapter 4 of Division 5 of the Public Resources Code to a board of directors shall mean the board and all references to a district shall mean the authority. -(3) Notwithstanding any other law, the total amount of outstanding bonded indebtedness the authority may incur pursuant to this subdivision and subdivision (d) shall not exceed one billion five hundred million dollars ($1,500,000,000). -(f) Receive and manage a dedicated revenue source. -(g) Deposit or invest moneys of the authority in banks or financial institutions in the state in accordance with state law. -(h) Sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. -(i) Engage counsel and other professional services. -(j) Enter into and perform all necessary contracts. -(k) Enter into joint powers agreements pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1). -(l) Hire staff, define their qualifications and duties, and provide a schedule of compensation for the performance of their duties. -(m) Use interim or temporary staff provided by appropriate state agencies or the Association of Bay Area Governments. A person who performs duties as interim or temporary staff shall not be considered an employee of the authority. -SEC. 3. -Section 66704.05 of the Government Code is amended to read: -66704.05. -(a) If the authority proposes a measure pursuant to subdivision (a) or (e) of Section 66704 that will generate revenues, the board of supervisors of the county or counties in which the measure is proposed shall call a special election on the measure. The special election shall be consolidated with the next regularly scheduled statewide election and the measure shall be submitted to the voters in the appropriate counties, consistent with the requirements of Articles XIII A, XIII C, and XIII D of the California Constitution, as applicable. -(b) (1) The authority is a district, as defined in Section 317 of the Elections Code. Except as otherwise provided in this section, a measure proposed by the authority that requires voter approval shall be submitted to the voters of the authority in accordance with the provisions of the Elections Code applicable to districts, including the provisions of Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code. -(2) Because the authority has no revenues as of the effective date of this paragraph, the appropriations limit for the authority shall be originally established based on receipts from the initial measure that would generate revenues for the authority pursuant to subdivision (a), and that establishment of an appropriations limit shall not be deemed a change in an appropriations limit for purposes of Section 4 of Article XIII B of the California Constitution. -(c) The authority shall file with the board of supervisors of each county in which the measure shall appear on the ballot a resolution of the authority requesting consolidation, and setting forth the exact form of the ballot question, in accordance with Section 10403 of the Elections Code. -(d) The legal counsel for the authority shall prepare an impartial analysis of the measure. The impartial analysis prepared by the legal counsel for the authority shall be subject to review and revision by the county counsel of the county that contains the largest population, as determined by the most recent federal decennial census, among those counties in which the measure will be submitted to the voters. -(e) Each county included in the measure shall use the exact ballot question, impartial analysis, and ballot language provided by the authority. If two or more counties included in the measure are required to prepare a translation of ballot materials into the same language other than English, the county that contains the largest population, as determined by the most recent federal decennial census, among those counties that are required to prepare a translation of ballot materials into the same language other than English shall prepare the translation and that translation shall be used by the other county or counties, as applicable. -(f) Notwithstanding Section 13116 of the Elections Code, if a measure proposed by the authority pursuant to this article is submitted to the voters of the authority in two or more counties, the elections officials of those counties shall mutually agree to use the same letter designation for the measure. -(g) The county clerk of each county shall report the results of the special election to the authority. -(h) (1) Notwithstanding Section 10520 of the Elections Code, for the first election at which the authority proposes a measure pursuant to subdivision (a) or (e) of Section 66704 that would generate revenues, the authority shall reimburse each county in which that measure appears on the ballot only for the incremental costs incurred by the county elections official related to submitting the measure to the voters. -(2) For purposes of this subdivision, “incremental costs” include all of the following: -(A) The cost to prepare, review, and revise the impartial analysis of the measure that is required by subdivision (d). -(B) The cost to prepare a translation of ballot materials into a language other than English by any county, as described in subdivision (e). -(C) The additional costs that exceed the costs incurred for other election races or ballot measures, if any, appearing on the same ballot in each county in which the measure appears on the ballot, including both of the following: -(i) The printing and mailing of ballot materials. -(ii) The canvass of the vote regarding the measure pursuant to Division 15 of the Elections Code. -(3) This subdivision is repealed on January 1, 2019. -SEC. 4. -Section 66706 of the Government Code is amended to read: -66706. -This title shall remain in effect only until January 1, 2049, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2049, deletes or extends that date. -SEC. 5. -The Legislature finds and declares that the San Francisco Bay Restoration Authority has not assumed any existing duties from another local or state government entity and has received no state or local government revenues not counted toward another entity’s appropriations limit. Therefore, the authority has no associated appropriations limit pursuant to Article XIII B of the California Constitution as of the date of enactment of this bill. -SEC. 6. -The Legislature finds and declares that the changes made by this act to subdivision (e) of Section 66704 of the Government Code explicitly affirm the authority of the San Francisco Bay Restoration Authority to incur general obligation bonded indebtedness, so as to implement the Legislature’s intent when the statute first became operative on January 1, 2009. -SEC. 7. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","(1) Existing law, the San Francisco Bay Restoration Authority Act, until January 1, 2029, establishes the San Francisco Bay Restoration Authority to raise and allocate resources for the restoration, enhancement, protection, and enjoyment of wetlands and wildlife habitat in the San Francisco Bay and along its shoreline. The act establishes a governing board of the authority composed of specified members, including a member who is a resident of the San Francisco Bay area with expertise in the implementation of the San Francisco Bay Conservancy Program, who serves as the chair. The act grants to the board all powers that are necessary to carry out the act, including, among other things, the power to levy specified benefit assessments, special taxes, and property-related fees, and to issue revenue bonds and general obligation bonds. However, the act limits the total amount of outstanding indebtedness incurred pursuant to those provisions authorizing the issuance of general obligation bonds to 10% of the authority’s total revenues in the preceding fiscal year. Existing law generally requires a district to reimburse the county elections official for the actual costs incurred in conducting an election for the district. However, the act authorizes, until January 1, 2017, the authority to reimburse only the incremental costs, as defined, that are incurred by the county elections official related to submitting a special tax measure to the voters. -This bill would delete the requirement that one member of the board, who serves as the chair, be a resident of the San Francisco Bay area with expertise in the implementation of the San Francisco Bay Conservancy Program and would instead require that member to be an elected official of a bayside city or county, or an elected member of a special district, with expertise in the implementation of the San Francisco Bay Conservancy Program. The bill would also delete the limit on the authority’s total amount of outstanding general obligation bonded indebtedness and would, instead, prohibit the authority from having a total amount of outstanding bonded indebtedness that exceeds $1,500,000,000. The bill would specify that the authority may incur general obligation bonded indebtedness for the acquisition or improvement of real property or for the funding or refunding of any outstanding bonded indebtness incurred by the authority. The bill would extend to January 1, 2019, the operation of the provision authorizing the authority to reimburse county elections officials for only the incremental costs of submitting a special tax measure to the voters, expanded to apply to other specified measures that would generate revenues for the authority. The bill would postpone to January 1, 2049, the repeal date for the act, and would make related conforming changes. By imposing additional duties on local government officials with regard to implementation of the act, the bill would impose a state-mandated local program. -The act specifies that the special taxes are to be levied, and submitted to the voters, consistent with specified provisions of the California Constitution relating to voter approval for local tax levies and property-related fees, charges, and assessments. -This bill would instead specify that measures that will generate revenues are to be submitted to the voters, consistent with those requirements of the California Constitution and the requirements of the California Constitution relating to general obligation bond indebtedness and ad valorem taxes. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 66703, 66704, 66704.05, and 66706 of the Government Code, relating to the San Francisco Bay Restoration Authority." -614,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 75.21 of the Revenue and Taxation Code is amended to read: -75.21. -(a) Exemptions shall be applied to the amount of the supplemental assessment, provided that the property is not receiving any other exemption on either the current roll or the roll being prepared except as provided for in subdivision (b), that the assessee is eligible for the exemption, and that, in those instances in which the provisions of this division require the filing of a claim for the exemption, the assessee makes a claim for the exemption. -(b) If the property received an exemption on the current roll or the roll being prepared and the assessee on the supplemental roll is eligible for an exemption and, in those instances in which the provisions of this division require the filing of a claim for the exemption, the assessee makes a claim for an exemption of a greater amount, then the difference in the amount between the two exemptions shall be applied to the supplemental assessment. -(c) In those instances in which the provisions of this division require the filing of a claim for the exemption, except as provided in subdivision (d), (e), or (f), any person claiming to be eligible for an exemption to be applied against the amount of the supplemental assessment shall file a claim or an amendment to a current claim, in that form as prescribed by the board, on or before the 30th day following the date of notice of the supplemental assessment, in order to receive a 100-percent exemption. -(1) With respect to property as to which the college, cemetery, church, religious, exhibition, veterans’ organization, -public school, -free public libraries, free museums, or welfare exemption was available, but for which a timely application for exemption was not filed, the following amounts shall be canceled or refunded: -(A) Ninety percent of any tax or penalty or interest thereon, or any amount of tax or penalty or interest thereon exceeding two hundred fifty dollars ($250) in total amount, whichever is greater, for each supplemental assessment, provided that an appropriate application for exemption is filed on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, as provided by Section 75.52. -(B) Eighty-five percent of any tax or penalty or interest thereon, or any amount of tax or penalty or interest thereon exceeding two hundred fifty dollars ($250) in total amount, whichever is greater, for each supplemental assessment, if an appropriate application for exemption is thereafter filed. -(2) With respect to property as to which the welfare exemption or veterans’ organization exemption was available, all provisions of Section 254.5, other than the specified dates for the filing of affidavits and other acts, are applicable to this section. -(3) With respect to property as to which the veterans’ or homeowners’ exemption was available, but for which a timely application for exemption was not filed, that portion of tax attributable to 80 percent of the amount of exemption available shall be canceled or refunded, provided that an appropriate application for exemption is filed on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, as provided by Section 75.52. -(4) With respect to property as to which the disabled veterans’ exemption was available, but for which a timely application for exemption was not filed, that portion of tax attributable to 90 percent of the amount of exemption available shall be canceled or refunded, provided that an appropriate application for exemption is filed on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, as provided by Section 75.52. If an appropriate application for exemption is thereafter filed, 85 percent of the amount of the exemption available shall be canceled or refunded. -(5) With respect to property as to which any other exemption was available, but for which a timely application for exemption was not filed, the following amounts shall be canceled or refunded: -(A) Ninety percent of any tax or penalty or interest thereon, provided that an appropriate application for exemption is filed on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, as provided by Section 75.52. -(B) Eighty-five percent of any tax or penalty or interest thereon, or any amount of tax or penalty or interest thereon exceeding two hundred fifty dollars ($250) in total amount, whichever is greater, for each supplemental assessment, if an appropriate application for exemption is thereafter filed. -Other provisions of this division pertaining to the late filing of claims for exemption do not apply to assessments made pursuant to this chapter. -(d) For purposes of this section, any claim for the homeowners’ exemption, veterans’ exemption, or disabled veterans’ exemption previously filed by the owner of a dwelling, granted and in effect, constitutes the claim or claims for that exemption required in this section. In the event that a claim for the homeowners’ exemption, veterans’ exemption, or disabled veterans’ exemption is not in effect, a claim for any of those exemptions for a single supplemental assessment for a change in ownership or new construction occurring on or after June 1, up to and including December 31, shall apply to that assessment; a claim for any of those exemptions for the two supplemental assessments for a change in ownership or new construction occurring on or after January 1, up to and including May 31, one for the current fiscal year and one for the following fiscal year, shall apply to those assessments. In either case, if granted, the claim shall remain in effect until title to the property changes, the owner does not occupy the home as his or her principal place of residence on the lien date, or the property is otherwise ineligible pursuant to Section 205, 205.5, or 218. -(e) Notwithstanding subdivision (c), an additional exemption claim may not be required to be filed until the next succeeding lien date in the case in which a supplemental assessment results from the completion of new construction on property that has previously been granted exemption on either the current roll or the roll being prepared. -(f) (1) Notwithstanding subdivision (c), an additional exemption claim is not required to be filed in the instance where a supplemental assessment results from a change in ownership of property where the purchaser of the property owns and uses or uses, as the case may be, other property that has been granted the college, cemetery, church, religious, exhibition, veterans’ organization, -public school, -free public libraries, free museums, or welfare exemption on either the current roll or the roll being prepared and the property purchased is put to the same use. -(2) In all other instances where a supplemental assessment results from a change in ownership of property, an application for exemption shall be filed pursuant to the provisions of subdivision (c). -SECTION 1. -SEC. 2. -Section 271 of the Revenue and Taxation Code is amended to read: -271. -(a) Provided that an appropriate application for exemption is filed within 90 days from the first day of the month following the month in which the property was acquired or by February 15 of the following calendar year, whichever occurs first, any tax or penalty or interest imposed upon: -(1) Property owned by any organization qualified for the college, cemetery, church, religious, exhibition, veterans’ organization, tribal housing, public school, or welfare exemption that is acquired by that organization during a given calendar year, after the lien date but before the first day of the fiscal year commencing within that calendar year, when the property is of a kind that would have been qualified for the college, cemetery, church, religious, exhibition, veterans’ organization, tribal housing, public school, or welfare exemption if it had been owned by the organization on the lien date, shall be canceled or refunded. -(2) Property owned by any organization that would have qualified for the college, cemetery, church, religious, exhibition, veterans’ organization, tribal housing, public school, or welfare exemption had the organization been in existence on the lien date, that was acquired by it during that calendar year after the lien date in that year but before the commencement of that fiscal year, and of a kind that presently qualifies for the exemption and that would have so qualified for that fiscal year had it been owned by the organization on the lien date and had the organization been in existence on the lien date, shall be canceled or refunded. -(3) Property acquired after the beginning of any fiscal year by an organization qualified for the college, cemetery, church, religious, exhibition, veterans’ organization, tribal housing, public school, or welfare exemption and the property is of a kind that would have qualified for an exemption if it had been owned by the organization on the lien date, whether or not that organization was in existence on the lien date, shall be canceled or refunded in the proportion that the number of days for which the property was so qualified during the fiscal year bears to 365. -(b) Eighty-five percent of any tax or penalty or interest thereon imposed upon property that would be entitled to relief under subdivision (a) or Section 214.01, except that an appropriate application for exemption was not filed within the time required by the applicable provision, shall be canceled or refunded provided that an appropriate application for exemption is filed after the last day on which relief could be granted under subdivision (a) or Section 214.01. -(c) Notwithstanding subdivision (b), any tax or penalty or interest thereon exceeding two hundred fifty dollars ($250) in total amount shall be canceled or refunded provided it is imposed upon property entitled to relief under subdivision (b) for which an appropriate claim for exemption has been filed. -(d) With respect to property acquired after the beginning of the fiscal year for which relief is sought, subdivisions (b) and (c) shall apply only to that pro rata portion of any tax or penalty or interest thereon that would have been canceled or refunded had the property qualified for relief under paragraph (3) of subdivision (a). -SEC. 2. -SEC. 3. -Section 271.5 of the Revenue and Taxation Code is amended to read: -271.5. -(a) In the event that property receiving the college, cemetery, church, religious, exhibition, veterans’ organization, tribal housing, public school, or welfare exemption is sold or otherwise transferred, the exemption shall cease to apply on the date of that sale or transfer. A new exemption shall be available subject to the provisions of Section 271. -(b) Termination of the exemption under this section shall result in an escape assessment of the property pursuant to Section 531.1. -SEC. 3. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, with respect to supplemental property tax assessments, specifies various limitation periods for assessments on the supplemental tax roll. Existing law provides for the application of property tax exemptions to those supplemental assessments provided, among other things, that an assessee file an exemption application within a specified time. Existing property tax law allows taxes, penalties, and interest imposed for late filings of property tax exemption applications for the supplemental roll that exceed $250 in total to be canceled or refunded up to 85% or 90%, as applicable, in the case of the exemption for a college, cemetery, church, religious, exhibition, or veterans’ organization. -This bill would expand this reduction to be applied to exemptions for public schools, as provided. -Existing property tax law provides, with respect to property as to which the college, cemetery, church, religious, exhibition, veterans’ organization, free public libraries, free museums, public schools, community colleges, state colleges, state universities, tribal housing, or welfare exemption was available but for which a timely application for exemption was not filed, that 90% of any tax or penalty or interest on that property shall be canceled or refunded if an appropriate application for exemption is filed on or before the lien date in the calendar year next succeeding the calendar year in which the exemption was not claimed by a timely application. -Existing property tax law requires, if an appropriate application for exemption is filed within 90 days from the first day of the month following the month in which the property was acquired or by February 15 of the following calendar year, whichever occurs first, any tax or penalty or interest imposed upon property owned by any organization qualified for the college, cemetery, church, religious, exhibition, veterans’ organization, tribal housing, or welfare exemption that is acquired by that organization during a given calendar year, after the lien date but before the first day of the fiscal year commencing within that calendar year, if the property is of a kind that would have been qualified for the college, cemetery, church, religious, exhibition, veterans’ organization, tribal housing, or welfare exemption if it had been owned by the organization on the lien date, to be canceled or refunded. -This bill would add public schools to the list of entities eligible for the cancellation or refund of any tax or penalty or interest imposed on property acquired in a given calendar year after the lien date but before the first day of the fiscal year commencing within that calendar year. The bill also would make conforming changes. -By increasing the duties of local officials relative to the administration of taxes, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections -75.21, -271 -, -and 271.5 of the Revenue and Taxation Code, relating to taxation." -615,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) Teachers in state-funded educational child development programs are denied living wages. -(2) Low wages for the predominantly female staff of these programs contributes significantly to the gender pay gap in California. -(3) Many nonprofit, community-based child development agencies are unable to provide employer-paid health insurance to their employees and their families. -(4) There is a steady stream of both school district and nonprofit agencies closing their child development programs. -(5) The cause of these problems is an inadequate standard reimbursement rate for state-funded child development centers, due to a 34-year history of either no annual cost-of-living adjustment (COLA) or substandard raises. The lack of adequate COLAs has cut the buying power, wages, and benefits in these agencies by 22 percent since 1980, and has bankrupted programs. -(b) (1) It is the intent of the Legislature to both consistently provide these state-funded child development programs with annual cost-of-living adjustments equal to the inflation adjustments given to K–12 education programs, and to take additional steps to rebuild wages, benefits, and financial stability in these programs. -(2) It is the intent of the Legislature to eliminate gender pay inequity in wages for the predominantly female and college educated staff of these programs. -(3) It is the intent of the Legislature to ensure and enhance the ability of these programs for young children to meet the high educational standards required by state and federal law and regulations, and to retain skilled and trained teachers by increasing the standard reimbursement rate. -SECTION 1. -SEC. 2. -Section 8265 of the Education Code is amended to read: -8265. -(a) The Superintendent shall implement a plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service. -(1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services. -(2) When establishing standards and assigned reimbursement rates, the Superintendent shall confer with applicant agencies. -(3) The reimbursement system, including standards and rates, shall be submitted to the Joint Legislative Budget Committee. -(4) The Superintendent may establish any regulations he or she deems advisable concerning conditions of service and hours of enrollment for children in the programs. -(b) -(1) -The standard reimbursement rate shall be nine thousand twenty-four dollars and seventy-five cents ($9,024.75) per unit of average daily enrollment for a 250-day year, and commencing with the 2015–16 fiscal year, shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15. -The standard reimbursement rate is not intended to fund mandated costs imposed upon child development programs due to actions of law relating to minimum wage requirements, health insurance requirements, new or increased fees, new or expanded program requirements, or other cost increases due to legislative action. -(2) In addition to the increase in paragraph (1), the standard reimbursement rate shall be raised as needed to provide a living wage, reasonable health insurance, and retirement benefits for employees, to support the recruitment and retention of skilled and trained teachers, to support the financial stability of programs and educational quality, and to achieve gender pay equity. -(3) For purposes of this subdivision, “cost-of-living adjustment” means an annual increase in funding and the standard reimbursement rate to maintain buying power as the result of inflation. Notwithstanding any other law, for each fiscal year, the amount of cost-of-living adjustment provided by Section 42238.15 shall at least be equal to the amount of the inflation adjustment provided by Section 42238.1. -(c) The plan shall require agencies having an assigned reimbursement rate above the current year standard reimbursement rate to reduce costs on an incremental basis to achieve the standard reimbursement rate. -(d) The plan shall provide for adjusting reimbursement on a case-by-case basis, in order to maintain service levels for agencies currently at a rate less than the standard reimbursement rate. Assigned reimbursement rates shall be increased only on the basis of one or more of the following: -(1) Loss of program resources from other sources. -(2) Need of an agency to pay the same child care rates as those prevailing in the local community. -(3) Increased costs directly attributable to new or different regulations. -(4) (A) Documented increased costs necessary to maintain the prior year’s level of service and ensure the continuation of threatened programs. -(B) Child care agencies funded at the lowest rates shall be given first priority for increases. -(e) The plan shall provide for expansion of child development programs at no more than the standard reimbursement rate for that fiscal year. -(f) The Superintendent may reduce the percentage of reduction for a public agency that satisfies any of the following: -(1) Serves more than 400 children. -(2) Has in effect a collective bargaining agreement. -(3) Has other extenuating circumstances that apply, as determined by the Superintendent.","Existing law requires the Superintendent of Public Instruction to implement a plan that establishes reasonable child care standards and assigned reimbursement rates, as provided. Existing law requires the standard reimbursement rate to be increased annually by a cost-of-living adjustment, as provided. -This bill would make nonsubstantive changes to these provisions. -This bill would provide that the standard reimbursement rate is not intended to fund mandated costs imposed upon child development programs due to actions of law relating to minimum wage requirements, health insurance requirements, new or increased fees, new or expanded program requirements, or other cost increases due to legislative action. The bill would also require the standard reimbursement rate to be raised as needed to provide a living wage, reasonable health insurance, and retirement benefits for employees, to support the recruitment and retention of skilled and trained teachers, to support the financial stability of programs and educational quality, and to achieve gender pay equity. The bill would define cost-of-living adjustment to be, among other things, at least equal to the amount of the inflation adjustments given to K–12 education programs, as provided.","An act to amend Section 8265 of the Education Code, relating to child care and development." -616,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 124174.6 of the Health and Safety Code is amended to read: -124174.6. -The department shall establish a grant program within the Public School Health Center Support Program to provide technical assistance, and funding for the expansion, renovation, and retrofitting of existing school health centers, and the development of new school health centers, in accordance with the following procedures and requirements: -(a) A school health center receiving grant funds pursuant to this section shall meet or have a plan to meet the following requirements: -(1) Strive to provide a comprehensive set of services including medical, oral health, mental health, health education, and related services in response to community needs. -(2) Provide primary and other health care services, provided or supervised by a licensed professional, which may include all of the following: -(A) Physical examinations, immunizations, and other preventive medical services. -(B) Diagnosis and treatment of minor injuries and acute medical conditions. -(C) Management of chronic medical conditions. -(D) Basic laboratory tests. -(E) Referrals to and followup for specialty care. -(F) Reproductive health services. -(G) Nutrition services. -(H) Mental health services provided or supervised by an appropriately licensed mental health professional may include: assessments, crisis intervention, counseling, treatment, and referral to a continuum of services including emergency psychiatric care, community support programs, inpatient care, and outpatient programs. School health centers providing mental health services as specified in this section shall consult with the local county mental health department for collaboration in planning and service delivery. -(I) Oral health services that may include preventive services, basic restorative services, and referral to specialty services. -(3) Work in partnership with the school nurse, if one is employed by the school or school district, to provide individual and family health education; school or districtwide health promotion; first aid and administration of medications; facilitation of student enrollment in health insurance programs; screening of students to identify the need for physical, mental health, and oral health services; referral and linkage to services not offered onsite; public health and disease surveillance; and emergency response procedures. A school health center may receive grant funding pursuant to this section if the school or school district does not employ a school nurse. However, it is not the intent of the Legislature that a school health center serve as a substitute for a school nurse employed by a local school or school district. -(4) Have a written contract or memorandum of understanding between the school district and the health care provider or any other community providers that ensures coordination of services, ensures confidentiality and privacy of health information consistent with applicable federal and state laws, and integration of services into the school environment. -(5) Serve all registered students in the school regardless of ability to pay. -(6) Be open during all normal school hours, or on a more limited basis if resources are not available, or on a more expansive basis if dictated by community needs and resources are available. -(7) Establish protocols for referring students to outside services when the school health center is closed. -(8) Facilitate transportation between the school and the health center if the health center is not located on school or school district property. -(b) Planning grants shall be available in amounts between twenty-five thousand dollars ($25,000) and fifty thousand dollars ($50,000) for a 6- to 12-month period to be used for the costs associated with assessing the need for a school health center in a particular community or area, and developing the partnerships necessary for the operation of a school health center in that community or area. Applicants for planning grants shall be required to have a letter of interest from a school or district if the applicant is not a local education agency. Grantees provided funding pursuant to this subdivision shall be required to do all of the following: -(1) Seek input from students, parents, school nurses, school staff and administration, local health providers, and if applicable, special population groups, on community health needs, barriers to health care and the need for a school health center. -(2) Collect data on the school and community to estimate the percentage of students that lack health insurance and the percentage that are eligible for Medi-Cal benefits, or other public programs providing free or low-cost health services. -(3) Assess capacity and interest among health care providers in the community to provide services in a school health center. -(4) Assess the need for specific cultural or linguistic services or both. -(c) Facilities and startup grants shall be available in amounts between twenty thousand dollars ($20,000) and two hundred fifty thousand dollars ($250,000) per year for a three-year period for the purpose of establishing a school health center, with the potential addition of one hundred thousand dollars ($100,000) in the first year for facilities construction, purchase, or renovation. Grant funds may be used to cover a portion or all of the costs associated with designing, retrofitting, renovating, constructing, or buying a facility, for medical equipment and supplies for a school health center, or for personnel costs at a school health center. Preference will be given to proposals that include a plan for cost sharing among schools, health providers, and community organizations for facilities construction and renovation costs. Applicants for facilities and startup grants offered pursuant to this subdivision shall be required to meet the following criteria: -(1) Have completed a community assessment determining the need for a school health center. -(2) Have a contract or memorandum of understanding between the school district and the health care provider, if other than the district, and any other provider agencies describing the relationship between the district and the school health center. -(3) Have a mechanism, described in writing, to coordinate services to individual students among school and school health center staff while maintaining confidentiality and privacy of health information consistent with applicable state and federal laws. -(4) Have a written description of how the school health center will participate in the following: -(A) School and districtwide health promotion, coordinated school health, health education in the classroom or on campus, program/activities that address nutrition, fitness, or other important public health issues, or promotion of policies that create a healthy school environment. -(B) Outreach and enrollment of students in health insurance programs. -(C) Public health prevention, surveillance, and emergency response for the school population. -(5) Have the ability to provide the linguistic or cultural services needed by the community. If the school health center is not yet able to provide these services due to resource limitations, the school health center shall engage in an ongoing assessment of its capacity to provide these services. -(6) Have a plan for maximizing available third-party reimbursement revenue streams. -(d) Sustainability grants shall be available in amounts between twenty-five thousand dollars ($25,000) and one hundred twenty-five thousand dollars ($125,000) per year for a three-year period for the purpose of operating a school health center, or enhancing programming at a fully operational school health center, including oral health or mental health services. Applicants for sustainability grants offered pursuant to this subdivision shall be required to meet all of the criteria described in subdivision (c), in addition to both of the following criteria: -(1) The applicant shall be eligible to become or already be an approved Medi-Cal provider. -(2) The applicant shall have ability and procedures in place for billing public insurance programs and managed care providers. -(3) The applicant shall seek reimbursement and have procedures in place for billing public and private insurance that covers students at the school health center. -(e) The department shall award technical assistance grants through a competitive bidding process to qualified contractors to support grantees receiving grants under subdivisions (b), (c), and (d). A qualified contractor means a vendor with demonstrated capacity in all aspects of planning, facilities development, startup, and operation of a school health center. -(f) The department shall also develop a request for proposal (RFP) process for collecting information on applicants, and determining which proposals shall receive grant funding. The department shall give preference for grant funding to the following schools: -(1) Schools in areas designated as federally medically underserved areas or in areas with medically underserved populations. -(2) Schools with a high percentage of low-income and uninsured children and youth or children and youth who receive free or low-cost insurance through -Medi-Cal or Covered California. -Medi-Cal. -(3) Schools with large numbers of -limited English proficient -limited-English-proficient -(LEP) students. -(4) Schools in areas with a shortage of health professionals. -(5) Low-performing schools with Academic Performance Index (API) rankings in the deciles of three and below of the state. -(g) Moneys shall be allocated to the department annually for evaluation to be conducted by an outside evaluator that is selected through a competitive bidding process. The evaluation shall document the number of grantees that establish and sustain school health centers, and describe the challenges and lessons learned in creating successful school health centers. The evaluator shall use data collected pursuant to Section 124174.3, if it is available, and work in collaboration with the Public School Health Center Support Program. The department shall post the evaluation on its Internet Web site. -(h) This section shall be implemented only to the extent that funds are appropriated to the department in the annual Budget Act or other statute for implementation of this article.","Existing law requires the State Department of Public Health, in cooperation with the State Department of Education, to establish a Public School Health Center Support Program to perform specified functions relating to the establishment, retention, or expansion of school health centers in California. Existing law, for purposes of those provisions, defines a “school health center” to mean a center or program located at or near a local educational agency that provides age-appropriate health care services at the program site or through referrals, and may conduct routine physical health, mental health, and oral health assessments. Existing law requires the State Department of Public Health, to the extent funds are appropriated to the department, to establish a grant program to provide technical assistance, and funding for the expansion, renovation, and retrofitting of existing school health centers, and the development of new school health centers, in accordance with specified procedures. Existing law requires the department to develop a request for proposal (RFP) process for collecting information on applicants, and determining which proposals shall receive grant funding, giving preference for grant funding to schools in areas designated as federally medically underserved areas or in areas with medically underserved populations, or schools with a high percentage of low-income and uninsured children and youth. -This bill would require the department to also give preference to schools with a high percentage of children and youth who receive free or low-cost health coverage through -Medi-Cal or Covered California. -Medi-Cal.","An act to amend Section 124174.6 of the Health and Safety Code, relating to child health." -617,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11107.1 of the Health and Safety Code is amended to read: -11107.1. -(a) -Any -A -manufacturer, wholesaler, retailer, or other person or entity in this state that sells to any person or entity in this state or any other state any quantity of -butane, -sodium cyanide, potassium cyanide, cyclohexanone, bromobenzene, magnesium turnings, mercuric chloride, sodium metal, lead acetate, palladium black, hydrogen chloride gas, trichlorofluoromethane (fluorotrichloromethane), dichlorodifluoromethane, 1,1,2-trichloro-1,2,2-trifluoroethane (trichlorotrifluoroethane), sodium acetate, or acetic anhydride shall do the following: -(1) (A) Notwithstanding any other -provision of -law, in -any -a -face-to-face or will-call sale, the seller shall prepare a bill of sale -which -that -identifies the date of sale, cost of sale, method of payment, the specific items and quantities purchased and the proper purchaser identification information, all of which shall be entered onto the bill of sale or a legible copy of the bill of sale, and shall also affix on the bill of sale his or her signature as witness to the purchase and identification of the purchaser. -(B) For the purposes of this paragraph, “proper purchaser identification” includes a valid driver’s license or other official and valid state-issued identification of the purchaser that contains a photograph of the purchaser, and includes the residential or mailing address of the purchaser, other than a post office box number, the motor vehicle license number of the motor vehicle used by the purchaser at the time of purchase, a description of how the substance is to be used, the Environmental Protection Agency certification number or resale tax identification number assigned to the individual or business entity for which the individual is purchasing any chlorofluorocarbon product, and the signature of the purchaser. -(C) The seller shall retain the original bill of sale containing the purchaser identification information for five years in a readily presentable manner, and present the bill of sale containing the purchaser identification information upon demand by any law enforcement officer or authorized representative of the Attorney General. Copies of these bills of sale obtained by representatives of the Attorney General shall be maintained by the Department of Justice for a period of not less than five years. -(2) (A) Notwithstanding any other law, in all sales other than face-to-face or will-call sales the seller shall maintain for a period of five years the following sales information: the name and address of the purchaser, date of sale, product description, cost of product, method of payment, method of delivery, delivery address, and valid identifying information. -(B) For the purposes of this paragraph, “valid identifying information” includes two or more of the following: federal tax identification number; resale tax identification number; city or county business license number; license issued by the State Department of Public Health; registration number issued by the federal Drug Enforcement Administration; precursor business permit number issued by the Department of Justice; driver’s license; or other identification issued by a state. -(C) The seller shall, upon the request of any law enforcement officer or any authorized representative of the Attorney General, produce a report or record of sale containing the information in a readily presentable manner. -(D) If a common carrier is used, the seller shall maintain a manifest regarding the delivery in a readily presentable manner for a period of five years. -(b) -Any -A -manufacturer, wholesaler, retailer, or other person or entity in this state that purchases any item listed in subdivision (a) of Section 11107.1 shall do the following: -(1) Provide on the record of purchase information on the source of the items purchased, the date of purchase, a description of the specific items, the quantities of each item purchased, and the cost of the items purchased. -(2) Retain the record of purchase for three years in a readily presentable manner and present the record of purchase upon demand to any law enforcement officer or authorized representative of the Attorney General. -(c) (1) A first violation of this section is a misdemeanor. -(2) -Any -A -person who has previously been convicted of a violation of this section shall, upon a subsequent conviction thereof, be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding one hundred thousand dollars ($100,000), or both the fine and imprisonment. -SEC. 2. -Section 11107.2 is added to the Health and Safety Code, to read: -11107.2. -It is unlawful for a person to purchase more than 400 milliliters of butane in a calendar month. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires a person or entity that sells any quantity of specified substances to record the date of sale, product description, purchaser’s identification, and other specified information. Existing law requires the seller to retain this information for a period of 5 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. Existing law requires a person or entity that purchases any quantity of these specified substances to record the date of purchase, product description, and other specified information for a period of 3 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. A violation of these provisions is a crime. -This bill would add butane to the list of specified substances for which these requirements apply. The bill would also prohibit any person from purchasing more than 400 milliliters of butane in a calendar month. Because the bill would create a new crime, it would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 11107.1 of, and to add Section 11107.2 to, the Health and Safety Code, relating to controlled substances." -618,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 23399.45 of the Business and Professions Code is amended to read: -23399.45. -(a) For the purposes of this section: -(1) “Certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code. -(2) “Community event” means an event as defined by Section 113755 of the Health and Safety Code. -(b) (1) A licensed beer manufacturer may apply to the department for a certified farmers’ market beer sales permit. Subject to the requirements of Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code, and to the discretion and managerial control of a certified farmers’ market or community event operator, respectively, a certified farmers’ market beer sales permit shall authorize the licensee, a member of the licensee’s family who is 21 years of age or older, or an employee of the licensee to sell packaged beer that has been manufactured by a beer manufacturer applying for the permit at a certified farmers’ market, including any permitted community event area adjacent to, and operated in conjunction with, a certified farmers’ market, located within the county or an adjacent county of the physical location of the licensed beer manufacturer. -(2) (A) A certified farmers’ market beer sales permit shall also authorize an instructional tasting event on the subject of beer at a certified farmers’ market, including any permitted community event area adjacent to, and operated in conjunction with, a certified farmers’ market, located within the county or an adjacent county of the physical location of the licensed beer manufacturer. -(B) An instructional tasting event is subject to the authorization and managerial control of the applicable operator of the certified farmers’ market or community event. The licensee, a member of the licensee’s family who is 21 years of age or older, or an employee of the licensee may conduct the instructional tasting event. -(C) At all times during an instructional tasting event, the instructional tasting event area shall be separated from the remainder of the market or community event by a wall, rope, cable, cord, chain, fence, or other permanent or temporary barrier. -(D) Only one licensed beer manufacturer may conduct an instructional tasting event during the operational hours of any one certified farmers’ market or community event. The licensee shall not pour more than eight ounces of beer per person per day. -(E) The licensee shall not permit any consumer to leave the instructional tasting area with an open container of beer. -(c) Sales under the certified farmers’ market beer sales permit shall only occur at a certified farmers’ market or within a permitted community event area adjacent to, and operated in conjunction with, the certified farmers’ market that is located within the same county or adjacent county of the location of the licensed beer manufacturer’s manufacturing facility. The permit may be issued for up to 12 months but shall not be valid for more than one day a week at any single specified certified farmers’ market or community event location. A beer manufacturer may hold more than one permit. The department shall notify the city, county, or city and county and the applicable law enforcement agency where the certified farmers’ market or permitted community event is to be held of the issuance of the permit. -(d) The licensed beer manufacturer eligible for the certified farmers’ market beer sales permit shall not sell more than 5,000 gallons of beer annually pursuant to all certified farmers’ market beer sales permits held by any single beer manufacturer. The licensed beer manufacturer shall maintain records of annual beer sales made pursuant to all certified farmers’ market beer sales permits issued. -(e) The fee for any permit issued pursuant to this section shall be fifty dollars ($50), subject to adjustment pursuant to subdivisions (b) and (c) of Section 23320. -(f) All money collected as fees pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. -SEC. 2. -Section 24045.6 of the Business and Professions Code is amended to read: -24045.6. -(a) The department may issue a special temporary on-sale or off-sale beer or wine license to any nonprofit corporation that is exempt from payment of income taxes under Section 23701d or 23701e of the Revenue and Taxation Code and Section 501(c)(3) or 501(c)(6) of the Internal Revenue Code. An applicant for this license shall accompany the application with a fee of one hundred dollars ($100). -(b) This special license shall only entitle the licensee to sell beer or wine bought by, or donated to, the licensee to a consumer and to any person holding a license authorizing the sale of beer or wine. Notwithstanding any other provision of this division, a licensee may donate or sell beer or wine to a nonprofit corporation that obtains a special temporary on-sale or off-sale license under this section, provided that the donation is not made in connection with a sale of an alcoholic beverage. -(c) This special license shall be for a period not exceeding 15 days. In the event the license under this section is issued for a period exceeding two days, it shall be used solely for retail sales in conjunction with an identifiable fundraising event sponsored or conducted by the licensee and all bottles of beer or wine sold under this license shall bear a label prominently identifying the event. Only three special licenses authorized by this section shall be issued to any corporation in a calendar year. -SEC. 3. -Section 25607.5 of the Business and Professions Code is amended to read: -25607.5. -A nonprofit corporation that is required to obtain a license to sell beer or wine under Section 23300 may receive and possess beer or wine donated to it if, at the time of receipt of the beer or wine, the nonprofit corporation has submitted an application with the department for a license to sell the donated beer or wine. Nothing in this section is intended to affect or otherwise limit the application of Section 25503.9.","Existing law, the Alcoholic Beverage Control Act, authorizes a licensed winegrower or a licensed beer manufacturer to apply to the Department of Alcoholic Beverage Control for a certified farmers’ market sales permit, which allows, among others, the licensee to sell wine or beer at a certified farmers’ market, under specified conditions, and requires the licensee to pay a fee of $50 for the permit. Existing law requires a certified farmers’ market sales permit issued to a licensed winegrower, but not a licensed beer manufacturer, to allow an instructional tasting event on the subject of wine at a certified farmers’ market, under specified conditions. Existing law provides that moneys collected as fees pursuant to the act are to be deposited in the Alcohol Beverage Control Fund. These moneys are generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature. -This bill would also require a certified farmers’ market sales permit issued to a licensed beer manufacturer to allow an instructional tasting event on the subject of beer at a certified farmers’ market, under specified conditions. -Existing law authorizes specified nonprofit corporations that have not been issued a license authorizing the sale of wine to receive and possess wine donated to that nonprofit corporation, if the nonprofit corporation has submitted a license application to sell wine with the Department of Alcoholic Beverage Control. -This bill would additionally authorize those nonprofit corporations to receive and possess beer under the same circumstances. -Existing law authorizes the Department of Alcoholic Beverage Control to issue a special temporary on-sale or off-sale wine license to a nonprofit corporation that is exempt from payment of income taxes, subject to specified requirements and limitations. -This bill would extend this authorization to issue a special temporary on-sale or off-sale license to sell beer.","An act to amend Sections 23399.45, 24045.6, and 25607.5 of the Business and Professions Code, relating to alcoholic beverages." -619,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares that: -(a) All California women, regardless of income, should have access to reproductive health services. The state provides insurance coverage of reproductive health care and counseling to eligible, low-income women. Some of these programs have been recently established or expanded as a result of the federal Patient Protection and Affordable Care Act. -(b) Millions of California women are in need of publicly funded family planning services, contraception services and education, abortion services, and prenatal care and delivery. In 2012, more than 2.6 million California women were in need of publicly funded family planning services. More than 700,000 California women become pregnant every year and one-half of these pregnancies are unintended. In 2010, 64.3 percent of unplanned births in California were publicly funded. Yet, at the moment they learn that they are pregnant, thousands of women remain unaware of the public programs available to provide them with contraception, health education and counseling, family planning, prenatal care, abortion, or delivery. -(c) Because pregnancy decisions are time sensitive, and care early in pregnancy is important, California must supplement its own efforts to advise women of its reproductive health programs. In California, low-income women can receive immediate access to free or low-cost comprehensive family planning services and pregnancy-related care through the Medi-Cal and the Family PACT programs. However, only Medi-Cal providers who are enrolled in the Family PACT program are authorized to enroll patients immediately at their health centers. -(d) The most effective way to ensure that women quickly obtain the information and services they need to make and implement timely reproductive decisions is to require licensed health care facilities that are unable to immediately enroll patients into the Family PACT or Presumptive Eligibility for Pregnant Women Medi-Cal programs to advise each patient at the time of her visit of the various publicly funded family planning and pregnancy-related resources available in California, and the manner in which to directly and efficiently access those resources. -(e) It is also vital that pregnant women in California know when they are getting medical care from licensed professionals. Unlicensed facilities that advertise and provide pregnancy testing and care must advise clients, at the time they are seeking or obtaining care, that these facilities are not licensed to provide medical care. -SEC. 2. -The purpose of this act is to ensure that California residents make their personal reproductive health care decisions knowing their rights and the health care services available to them. -SEC. 3. -Article 2.7 (commencing with Section 123470) is added to Chapter 2 of Part 2 of Division 106 of the Health and Safety Code, to read: -Article 2.7. Reproductive FACT Act -123470. -This article shall be known and may be cited as the Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act or Reproductive FACT Act. -123471. -(a) For purposes of this article, and except as provided in subdivision (c), “licensed covered facility” means a facility licensed under Section 1204 or an intermittent clinic operating under a primary care clinic pursuant to subdivision (h) of Section 1206, whose primary purpose is providing family planning or pregnancy-related services, and that satisfies two or more of the following: -(1) The facility offers obstetric ultrasounds, obstetric sonograms, or prenatal care to pregnant women. -(2) The facility provides, or offers counseling about, contraception or contraceptive methods. -(3) The facility offers pregnancy testing or pregnancy diagnosis. -(4) The facility advertises or solicits patrons with offers to provide prenatal sonography, pregnancy tests, or pregnancy options counseling. -(5) The facility offers abortion services. -(6) The facility has staff or volunteers who collect health information from clients. -(b) For purposes of this article, subject to subdivision (c), “unlicensed covered facility” is a facility that is not licensed by the State of California and does not have a licensed medical provider on staff or under contract who provides or directly supervises the provision of all of the services, whose primary purpose is providing pregnancy-related services, and that satisfies two or more of the following: -(1) The facility offers obstetric ultrasounds, obstetric sonograms, or prenatal care to pregnant women. -(2) The facility offers pregnancy testing or pregnancy diagnosis. -(3) The facility advertises or solicits patrons with offers to provide prenatal sonography, pregnancy tests, or pregnancy options counseling. -(4) The facility has staff or volunteers who collect health information from clients. -(c) This article shall not apply to either of the following: -(1) A clinic directly conducted, maintained, or operated by the United States or any of its departments, officers, or agencies. -(2) A licensed primary care clinic that is enrolled as a Medi-Cal provider and a provider in the Family Planning, Access, Care, and Treatment Program. -123472. -(a) A licensed covered facility shall disseminate to clients on site the following notice in English and in the primary threshold languages for Medi-Cal beneficiaries as determined by the State Department of Health Care Services for the county in which the facility is located. -(1) The notice shall state: - - -“California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women. To determine whether you qualify, contact the county social services office at [insert the telephone number].” - - -(2) The information shall be disclosed in one of the following ways: -(A) A public notice posted in a conspicuous place where individuals wait that may be easily read by those seeking services from the facility. The notice shall be at least 8.5 inches by 11 inches and written in no less than 22-point type. -(B) A printed notice distributed to all clients in no less than 14-point type. -(C) A digital notice distributed to all clients that can be read at the time of check-in or arrival, in the same point type as other digital disclosures. A printed notice as described in subparagraph (B) shall be available for all clients who cannot or do not wish to receive the information in a digital format. -(3) The notice may be combined with other mandated disclosures. -(b) An unlicensed covered facility shall disseminate to clients on site and in any print and digital advertising materials including Internet Web sites, the following notice in English and in the primary threshold languages for Medi-Cal beneficiaries as determined by the State Department of Health Care Services for the county in which the facility is located. -(1) The notice shall state: “This facility is not licensed as a medical facility by the State of California and has no licensed medical provider who provides or directly supervises the provision of services.” -(2) The onsite notice shall be a sign at least 8.5 inches by 11 inches and written in no less than 48-point type, and shall be posted conspicuously in the entrance of the facility and at least one additional area where clients wait to receive services. -(3) The notice in the advertising material shall be clear and conspicuous. “Clear and conspicuous” means in larger point type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language. -123473. -(a) Covered facilities that fail to comply with the requirements of this article are liable for a civil penalty of five hundred dollars ($500) for a first offense and one thousand dollars ($1,000) for each subsequent offense. The Attorney General, city attorney, or county counsel may bring an action to impose a civil penalty pursuant to this section after doing both of the following: -(1) Providing the covered facility with reasonable notice of noncompliance, which informs the facility that it is subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the facility. -(2) Verifying that the violation was not corrected within the 30-day period described in paragraph (1). -(b) The civil penalty shall be deposited into the General Fund if the action is brought by the Attorney General. If the action is brought by a city attorney, the civil penalty shall be paid to the treasurer of the city in which the judgment is entered. If the action is brought by a county counsel, the civil penalty shall be paid to the treasurer of the county in which the judgment is entered. -SEC. 4. -The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law, the Reproductive Privacy Act, provides that every individual possesses a fundamental right of privacy with respect to reproductive decisions. Existing law provides that the state shall not deny or interfere with a woman’s right to choose or obtain an abortion prior to viability of the fetus, as defined, or when necessary to protect her life or health. Existing law specifies the circumstances under which the performance of an abortion is deemed unauthorized. -This bill would enact the Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act, which would require a licensed covered facility, as defined, to disseminate a notice to all clients, as specified, stating, among other things, that California has public programs that provide immediate free or low-cost access to comprehensive family planning services, prenatal care, and abortion, for eligible women. The bill would also require an unlicensed covered facility, as defined, to disseminate a notice to all clients, as specified, stating, among other things, that the facility is not licensed as a medical facility by the State of California. -The bill would authorize the Attorney General, city attorney, or county counsel to bring an action to impose a specified civil penalty against covered facilities that fail to comply with these requirements.","An act to add Article 2.7 (commencing with Section 123470) to Chapter 2 of Part 2 of Division 106 of the Health and Safety Code, relating to public health." -620,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 23355.3 is added to the Business and Professions Code, to read: -23355.3. -(a) A licensee may sponsor or otherwise participate in an event conducted by, and for the benefit of, a nonprofit organization in which retail and nonretail licensees are involved as sponsors or participants, subject to all of the following conditions: -(1) Except as otherwise provided in this section, any payment of money or other consideration for sponsorship or participation in the event shall be made only to the nonprofit organization conducting the event. -(2) Except as otherwise provided in this section, a nonretail licensee shall not, directly or indirectly, pay money or provide any other thing of value to a permanent retail licensee that is also a sponsor of, or participant in, the event. -(3) A nonretail licensee may donate alcoholic beverages to a nonprofit only as otherwise authorized by Section 25503.9. -(4) Except as otherwise provided by this division, a retail licensee shall not give, sell, or furnish any alcoholic beverages to the temporary licensee. -(5) A nonretail or retail licensee may choose to participate in any level of sponsorship, including at the name or principal sponsor level. A nonprofit organization may choose to have one, or multiple, name or principal sponsors. -(6) (A) A nonretail licensee may advertise or communicate sponsorship or participation in the event. This advertising or communication may include, but is not limited to, initiating, sharing, reposting, or otherwise forwarding a social media post by a permanent retail licensee or a nonretail licensee if the advertisement or communication does not contain the retail price of any alcoholic beverage or otherwise promotes a retail licensee beyond its sponsorship or participation in the event. -(B) A nonretail licensee shall not pay or reimburse a permanent licensee, directly or indirectly, for any advertising services, including by way of social media. Except as otherwise permitted by this section, a permanent retail licensee shall not accept any payment or reimbursement, directly or indirectly, for any advertising services offered by a nonretail licensee. -(C) For the purposes of this subdivision, “social media” means a service, platform, application, or site where users communicate and share media, such as pictures, videos, music, and blogs, with other users. -(7) A nonretail licensee shall not require, directly or indirectly, as a condition of sponsorship or participation in any event under this section, that its products be sold or served exclusively at the event. A retail licensee shall not receive, directly or indirectly, any advertising, sale, or promotional benefit from any permanent retail licensee in connection with the sponsorship or participation. A permanent retail licensee shall not offer or provide a nonretail licensee any advertising, sale, or promotional benefit in connection with the sponsorship or participation. -(b) This section does not authorize a nonretail licensee to pay, in whole or in part, any costs, including the cost of sponsorship, of any retail licensee that is sponsoring or participating in a nonprofit event. -(c) A licensee that sponsors or participates in a nonprofit event under this section shall keep detailed records of its sponsorship or participation and shall maintain those records for a period of at least three years. These records shall be provided to the department upon request. -(d) Nothing in this section shall be deemed to exempt the nonprofit organization from obtaining any licenses or permits as may be required to conduct the event. -SEC. 2. -Section 23399.65 is added to the Business and Professions Code, to read: -23399.65. -(a) A licensed beer manufacturer may apply to the department for a brewery event permit. A brewery event permit shall authorize the sale of beer produced by the licensee pursuant to Section 23357 for consumption on property contiguous and adjacent to the licensed premises owned or under the control of the licensee. The property shall be secured and controlled by the licensee. -(b) (1) The fee for a brewery event permit for a licensed beer manufacturer shall be one hundred ten dollars ($110) for a permit issued during the 2016 calendar year, and for a permit issued during the years thereafter, the annual fee shall be calculated pursuant to subdivisions (b) and (c) of Section 23320. The permit may be renewed annually at the same time as the licensee’s license. A brewery event permit shall be transferable as a part of the license. -(2) For each brewery event, consent for the sale of beer pursuant to subdivision (a) at the brewery event shall be first obtained by the licensee from the department in the form of an event authorization issued by the department. An event authorization shall be subject to approval by the appropriate local law enforcement agency. The fee for each event authorization shall not exceed twenty-five dollars ($25). The number of events authorized by a brewery event permit shall not exceed four in any calendar year. -(3) All moneys collected as fees pursuant to this subdivision shall be deposited in the Alcohol Beverage Control Fund, as described in Section 25761, for allocation, upon appropriation by the Legislature, as provided in subdivision (d) of that section. -(c) At all approved events, the licensee may exercise only those privileges authorized by the licensee’s license and shall comply with all provisions of the act pertaining to the conduct of on-sale premises, and violation of those provisions may be grounds for suspension or revocation of the licensee’s license or permit, or both, as though the violation occurred on the licensed premises. -(d) The department may adopt any regulations it determines to be necessary for the administration of this section. -SEC. 3. -Section 23402.5 is added to the Business and Professions Code, to read: -23402.5. -(a) A retail licensee shall not sell or offer for sale any beer that is purchased from a beer manufacturer at the beer manufacturer’s licensed premises under any of the following circumstances: -(1) The beer manufacturer from which the beer is purchased has not filed a price schedule pursuant to Chapter 12 (commencing with Section 25000) for the sale of that beer in the county in which the retail licensee’s premises at which the beer is being sold or offered for sale is located. -(2) The price at which the retailer purchases the beer is different from the price in the price schedule filed by the beer manufacturer pursuant to Chapter 12 (commencing with Section 25000) from which the beer is purchased. -(3) The beer container contains the statement or is marked “Not Packaged for Resale”. -(b) Nothing in this section creates any exception to the requirements of Chapter 12 (commencing with Section 25000). -SEC. 4. -Section 25500 of the Business and Professions Code is amended to read: -25500. -(a) No manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of any such person shall: -(1) Hold the ownership, directly or indirectly, of any interest in any on-sale license. -(2) Furnish, give, or lend any money or other thing of value, directly or indirectly, to, or guarantee the repayment of any loan or the fulfillment of any financial obligation of, any person engaged in operating, owning, or maintaining any on-sale premises where alcoholic beverages are sold for consumption on the premises. -(3) Own any interest, directly or indirectly, in the business, furniture, fixtures, refrigeration equipment, signs, except signs for interior use mentioned in subdivision (g) of Section 25503, or lease in or of any premises operated or maintained under any on-sale license for the sale of alcoholic beverages for consumption on the premises where sold; or own any interest, directly or indirectly, in realty acquired after June 13, 1935, upon which on-sale premises are maintained unless the holding of the interest is permitted in accordance with rules of the department. -(b) This section does not apply to the holding by one person of a wholesaler’s license and an on-sale license in counties not to exceed 15,000 population. -(c) This section does not apply to the financial or representative relationship between a manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of such person, and a person holding only one of the following types of licenses: -(1) On-sale general license for a bona fide club. -(2) Club license issued under Article 4 (commencing with Section 23425) of Chapter 3. -(3) Veterans’ club license issued under Article 5 (commencing with Section 23450) of Chapter 3. -(4) On-sale license for boats, trains, sleeping cars, or airplanes where the alcoholic beverages produced or sold by the manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, bottler, importer, or wholesaler or any officer, director, or agent of the person are not sold, furnished, or given, directly or indirectly to the on-sale licensee. -(d) This section does not apply to an employee of a licensee referred to in subdivision (a) who is a nonadministrative and nonsupervisorial employee. -(e) Notwithstanding any other provision of this division or regulation of the department, this section does not apply to an employee of a licensee referred to in subdivision (a) who is the spouse of an on-sale licensee, so long as the on-sale licensee does not purchase, offer for sale, or promote, regardless of source, any of the brands of alcoholic beverages that are produced, bottled, processed, imported, rectified, distributed, represented, or sold by any licensee referred to in subdivision (a) that employs the spouse of the on-sale licensee. -(f) (1) Nothing in this division prohibits the holder of any retail on-sale or off-sale license from purchasing advertising in any publication published by a nonretail licensee. -(2) For purposes of this subdivision: -(A) “Nonretail licensee” means any manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, distiller, bottler, importer, or wholesaler, or any person who does not directly or indirectly hold the ownership of any interest in a retail license. -(B) “Publication published by a nonretail licensee” includes Internet Web sites and social media feeds operated and maintained by or for a nonretail licensee under an account or Internet Web site address owned by the nonretail licensee. -SEC. 5. -Section 25666 of the Business and Professions Code is amended to read: -25666. -(a) In any hearing on an accusation charging a licensee with a violation of Sections 25658, 25663, and 25665, the department shall produce the alleged minor for examination at the hearing unless he or she is unavailable as a witness because he or she is dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor. When a minor is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor if the administrative law judge finds that it is reasonably likely that the minor can be produced within a reasonable amount of time. -(b) (1) Nothing in this section shall prevent the department from taking testimony of the minor as provided in Section 11511 of the Government Code. -(2) This section is not intended to preclude the continuance of a hearing because of the unavailability of a minor for any other reason pursuant to Section 11524 of the Government Code. -SEC. 6. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) The Alcoholic Beverage Control Act regulates the application for, the issuance of, the suspension of, and the conditions imposed upon, various alcoholic beverage licenses pursuant to which the licensees may exercise specified privileges in the state. -This bill would authorize licensees to sponsor or otherwise participate in an event conducted by, and for the benefit of, a nonprofit organization subject to specified conditions, including that a nonretail or retail licensee may choose to participate in any level of sponsorship. -(2) The Alcoholic Beverage Control Act authorizes a licensed winegrower to apply to the Department of Alcoholic Beverage Control for a wine sales event permit that allows the sale of bottled wine produced by that winegrower at specified events approved by the department. The act prohibits a wine sales event permit from being used more than 2 times a month at a particular location, and requires the winegrower to pay a fee of $50 for the permit. The act provides that moneys collected as fees pursuant to the act are to be deposited in the Alcohol Beverage Control Fund. These moneys are generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature. -This bill would authorize a licensed beer manufacturer to apply to the department for a brewery event permit that allows the sale of beer produced by that beer manufacturer for consumption on property contiguous and adjacent to the licensed premises of the manufacturer, as provided. The bill would authorize a fee for a brewery event permit of $110 for the 2016 calendar year, and thereafter as provided, and an event authorization fee of not more than $25 for each approved event. The bill would allow up to 4 authorized events each calendar year. -(3) Existing law, known as tied-house restrictions, generally prohibits a manufacturer, winegrower, manufacturer’s agent, rectifier, California winegrower’s agent, distiller, bottler, importer, and wholesaler, and any officer, director, or agent of any of those persons, from having specified relationships with an on-sale alcoholic beverage licensee, with limited exceptions. Existing law specifies that the Alcoholic Beverage Control Act does not prohibit holders of retail on-sale or off-sale licenses from purchasing advertising in any publication by specified alcoholic beverage licensees. -This bill would specify that the act does not prohibit purchasing advertising in a publication published by a nonretail licensee, as defined, and would include Internet Web sites and social media feeds as types of publications for these purposes. -(4) The Alcoholic Beverage Control Act authorizes specified licensees to purchase alcoholic beverages for resale under specified circumstances. The act provides that a person convicted of a violation of its provisions is guilty of a misdemeanor unless another penalty or punishment is specifically provided. -This bill would prohibit a retail licensee from purchasing beer from any beer manufacturer for the purpose of selling or offering to sell that beer under specified circumstances, including where the beer container contains the statement or is marked “Not Packaged for Resale”. -By expanding the scope of a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -(5) Existing law requires the Department of Alcoholic Beverage Control, in any hearing on an accusation charging a licensee with a violation of specified provisions relating to minors, to produce the alleged minor for examination at the hearing unless he or she is unavailable as a witness because he or she is dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor. Existing law provides that when a minor is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor if the administrative law judge finds that it is reasonably likely that the minor can be produced within a reasonable amount of time. -This bill would state that the above provisions are not intended to preclude the continuance of a hearing because of the unavailability of a minor for any other reason pursuant to a specified provision.","An act to amend Sections 25500 and 25666 of, and to add Sections 23355.3, 23399.65, and 23402.5 to, the Business and Professions Code, relating to alcoholic beverages." -621,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares that due to the ongoing emergency drought conditions the state should maximize opportunities to conserve potable water, including encouraging homeowners to limit the watering of outdoor landscaping and removing all impediments to that goal. -SEC. 2. -Section 4735 of the Civil Code is amended to read: -4735. -(a) Notwithstanding any other law, a provision of the governing documents or architectural or landscaping guidelines or policies shall be void and unenforceable if it does any of the following: -(1) Prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf. -(2) Has the effect of prohibiting or restricting compliance with either of the following: -(A) A water-efficient landscape ordinance adopted or in effect pursuant to subdivision (c) of Section 65595 of the Government Code. -(B) Any regulation or restriction on the use of water adopted pursuant to Section 353 or 375 of the Water Code. -(b) This section shall not prohibit an association from applying landscaping rules established in the governing documents, to the extent the rules fully conform with subdivision (a). -(c) Notwithstanding any other provision of this part, except as provided in subdivision (d), an association shall not impose a fine or assessment against an owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during any period for which either of the following have occurred: -(1) The Governor has declared a state of emergency due to drought pursuant to subdivision (b) of Section 8558 of the Government Code. -(2) A local government has declared a local emergency due to drought pursuant to subdivision (c) of Section 8558 of the Government Code. -(d) Subdivision (c) shall not apply to an owner of a separate interest that, prior to the imposition of a fine or assessment described in subdivision (c), receives recycled water, as defined in Section 13050 of the Water Code, from a retail water supplier, as defined in Section 13575 of the Water Code, and fails to use that recycled water for landscaping irrigation. -SEC. 2.5. -Section 4735 of the Civil Code is amended to read: -4735. -(a) Notwithstanding any other law, a provision of the governing documents or architectural or landscaping guidelines or policies shall be void and unenforceable if it does any of the following: -(1) Prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf. -(2) Prohibits, or includes conditions that have the effect of prohibiting, the use of artificial turf or any other synthetic surface that resembles grass. -(3) Has the effect of prohibiting or restricting compliance with either of the following: -(A) A water-efficient landscape ordinance adopted or in effect pursuant to subdivision (c) of Section 65595 of the Government Code. -(B) Any regulation or restriction on the use of water adopted pursuant to Section 353 or 375 of the Water Code. -(b) This section shall not prohibit an association from applying landscaping rules established in the governing documents, to the extent the rules fully conform with subdivision (a). -(c) Notwithstanding any other provision of this part, except as provided in subdivision (d), an association shall not impose a fine or assessment against an owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during any period for which either of the following have occurred: -(1) The Governor has declared a state of emergency due to drought pursuant to subdivision (b) of Section 8558 of the Government Code. -(2) A local government has declared a local emergency due to drought pursuant to subdivision (c) of Section 8558 of the Government Code. -(d) Subdivision (c) shall not apply to an owner of a separate interest that, prior to the imposition of a fine or assessment described in subdivision (c), receives recycled water, as defined in Section 13050 of the Water Code, from a retail water supplier, as defined in Section 13575 of the Water Code, and fails to use that recycled water for landscaping irrigation. -(e) An owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declaration of a state of emergency described in subdivision (c) shall not be required to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency. -SEC. 3. -Section 2.5 of this bill incorporates amendments to Section 4735 of the Civil Code proposed by both this bill and Assembly Bill 349. It shall only become operative if (1) both bills are enacted and become effective, (2) each bill amends Section 4735 of the Civil Code, and (3) this bill is enacted after Assembly Bill 349, in which case Section 2 of this bill shall not become operative. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -California is in a state of emergency because of the continued drought. In response, Governor Brown issued Executive Order B-29-15, ordering a 25 percent statewide reduction in urban water consumption. Because residential landscaping accounts for 35 percent or more of the average urban water usage statewide, many homeowners have voluntarily ceased watering landscaping in order to assist with the drought emergency. However, some homeowners associations have interpreted existing law to allow them to fine homeowners who voluntarily cease using potable water on their landscaping if the homeowners association itself is using a de minimis amount of recycled water on common areas. This is directly contrary to the state’s need to conserve the precious and dwindling water supplied for urban, agricultural, and environmental needs.","The Davis-Stirling Common Interest Development Act governs the management and operation of common interest developments. Existing law provides that, unless otherwise provided in the common interest development declaration, the association is responsible for repairing, replacing, or maintaining the common area, other than exclusive use common area, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to that interest. Existing law makes void and unenforceable any provision of the governing documents or architectural or landscaping guidelines or policies that prohibits use of low water-using plants, or prohibits or restricts compliance with water-efficient landscape ordinances or regulations on the use of water, as specified. -Existing law also prohibits an association, except an association that uses recycled water for landscape irrigation, from imposing a fine or assessment on separate interest owners for reducing or eliminating watering of vegetation or lawns during any period for which the Governor has declared a state of emergency or the local government has declared a local emergency due to drought. -This bill would revise that exception to instead authorize the imposition of a fine or assessment against the owner of a separate interest that receives recycled water from a retail water supplier, as defined, and fails to use that recycled water for landscaping irrigation. -This bill would incorporate additional changes to Section 4735 of the Civil Code proposed by AB 349 that would become operative if this bill and AB 349 are enacted and this bill is enacted last. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 4735 of the Civil Code, relating to common interest developments, and declaring the urgency thereof, to take effect immediately." -622,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4040 of the Business and Professions Code is amended to read: -4040. -(a) “Prescription” means an oral, written, or electronic transmission order that is both of the following: -(1) Given individually for the person or persons for whom ordered that includes all of the following: -(A) The name or names and address of the patient or patients. -(B) The name and quantity of the drug or device prescribed and the directions for use. -(C) The date of issue. -(D) Either rubber stamped, typed, or printed by hand or typeset, the name, address, and telephone number of the prescriber, his or her license classification, and his or her federal registry number, if a controlled substance is prescribed. -(E) A legible, clear notice of the condition or purpose for which the drug is being -prescribed, if requested by the patient or patients. -prescribed. This notice shall indicate that, at the request of the prescriber or patient, the information regarding the condition or purpose shall be omitted from the container label information pursuant to Section 4076. -(F) If in writing, signed by the prescriber issuing the order, or the certified nurse-midwife, nurse practitioner, physician assistant, or naturopathic doctor who issues a drug order pursuant to Section 2746.51, 2836.1, 3502.1, or 3640.5, respectively, or the pharmacist who issues a drug order pursuant to Section 4052.1, 4052.2, or 4052.6. -(2) Issued by a physician, dentist, optometrist, podiatrist, veterinarian, or naturopathic doctor pursuant to Section 3640.7 or, if a drug order is issued pursuant to Section 2746.51, 2836.1, 3502.1, or 3460.5, by a certified nurse-midwife, nurse practitioner, physician assistant, or naturopathic doctor licensed in this state, or pursuant to Section 4052.1, 4052.2, or 4052.6 by a pharmacist licensed in this state. -(b) Notwithstanding subdivision (a), a written order of the prescriber for a dangerous drug, except for any Schedule II controlled substance, that contains at least the name and signature of the prescriber, the name and address of the patient in a manner consistent with paragraph (2) of subdivision (a) of Section 11164 of the Health and Safety Code, the name and quantity of the drug prescribed, directions for use, and the date of issue may be treated as a prescription by the dispensing pharmacist as long as any additional information required by subdivision (a) is readily retrievable in the pharmacy. In the event of a conflict between this subdivision and Section 11164 of the Health and Safety Code, Section 11164 of the Health and Safety Code shall prevail. -(c) “Electronic transmission prescription” includes both image and data prescriptions. “Electronic image transmission prescription” means any prescription order for which a facsimile of the order is received by a pharmacy from a licensed prescriber. “Electronic data transmission prescription” means any prescription order, other than an electronic image transmission prescription, that is electronically transmitted from a licensed prescriber to a pharmacy. -(d) The use of commonly used abbreviations shall not invalidate an otherwise valid prescription. -(e) Nothing in the amendments made to this section (formerly Section 4036) at the 1969 Regular Session of the Legislature shall be construed as expanding or limiting the right that a chiropractor, while acting within the scope of his or her license, may have to prescribe a device. -SEC. 2. -Section 4076 of the Business and Professions Code is amended to read: -4076. -(a) A pharmacist shall not dispense any prescription except in a container that meets the requirements of state and federal law and is correctly labeled with all of the following: -(1) Except when the prescriber or the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6 orders otherwise, either the manufacturer’s trade name of the drug or the generic name and the name of the manufacturer. Commonly used abbreviations may be used. Preparations containing two or more active ingredients may be identified by the manufacturer’s trade name or the commonly used name or the principal active ingredients. -(2) The directions for the use of the drug. -(3) The name of the patient or patients. -(4) The name of the prescriber or, if applicable, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6. -(5) The date of issue. -(6) The name and address of the pharmacy, and prescription number or other means of identifying the prescription. -(7) The strength of the drug or drugs dispensed. -(8) The quantity of the drug or drugs dispensed. -(9) The expiration date of the effectiveness of the drug dispensed. -(10) The condition or purpose for which the drug was -prescribed if the -prescribed, unless the patient or prescriber has requested that the -condition or purpose -is -not be -indicated on the -prescription. -prescription container label. -(11) (A) Commencing January 1, 2006, the physical description of the dispensed medication, including its color, shape, and any identification code that appears on the tablets or capsules, except as follows: -(i) Prescriptions dispensed by a veterinarian. -(ii) An exemption from the requirements of this paragraph shall be granted to a new drug for the first 120 days that the drug is on the market and for the 90 days during which the national reference file has no description on file. -(iii) Dispensed medications for which no physical description exists in any commercially available database. -(B) This paragraph applies to outpatient pharmacies only. -(C) The information required by this paragraph may be printed on an auxiliary label that is affixed to the prescription container. -(D) This paragraph shall not become operative if the board, prior to January 1, 2006, adopts regulations that mandate the same labeling requirements set forth in this paragraph. -(b) If a pharmacist dispenses a prescribed drug by means of a unit dose medication system, as defined by administrative regulation, for a patient in a skilled nursing, intermediate care, or other health care facility, the requirements of this section will be satisfied if the unit dose medication system contains the aforementioned information or the information is otherwise readily available at the time of drug administration. -(c) If a pharmacist dispenses a dangerous drug or device in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include on individual unit dose containers for a specific patient, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6. -(d) If a pharmacist dispenses a prescription drug for use in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include the information required in paragraph (11) of subdivision (a) when the prescription drug is administered to a patient by a person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), or the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840)), who is acting within his or her scope of practice. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SECTION 1. -Section 4070 of the -Business and Professions Code -is amended to read: -4070. -(a)Except as provided in Section 4019 and subdivision (b), an oral or an electronic data transmission prescription as defined in subdivision (c) of Section 4040 shall, as soon as practicable, be reduced to writing by the pharmacist and shall be filled by, or under the direction of, the pharmacist. The pharmacist does not need to reduce to writing the address, telephone number, license classification, federal registry number of the prescriber or the address of the patient or patients if the information is readily retrievable in the pharmacy. -(b)A pharmacy receiving an electronic transmission prescription shall not be required to reduce that prescription to writing or to hard copy form if, for three years from the last date of furnishing pursuant to that prescription or order, the pharmacy is able, upon request by the board, to immediately produce a hard copy report that includes for each date of dispensing of a dangerous drug or dangerous device pursuant to that prescription or order: (1) all of the information described in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a) of Section 4040, and (2) the name or identifier of the pharmacist who dispensed the dangerous drug or dangerous device. This subdivision shall not apply to prescriptions for controlled substances classified in Schedule II, III, IV, or V, except as permitted pursuant to Section 11164.5 of the Health and Safety Code. -(c)If only recorded and stored electronically, on magnetic media, or in any other computerized form, the pharmacy’s computer system shall not permit the received information or the dangerous drug or dangerous device dispensing information required by this section to be changed, obliterated, destroyed, or disposed of, for the record maintenance period required by law once the information has been received by the pharmacy and once the dangerous drug or dangerous device has been dispensed. Once a dangerous drug or dangerous device has been dispensed, if the previously created record is determined to be incorrect, a correcting addition may be made only by or with the approval of a pharmacist. After a pharmacist enters the change or enters his or her approval of the change into the computer, the resulting record shall include the correcting addition and the date it was made to the record, the identity of the person or pharmacist making the correction, and the identity of the pharmacist approving the correction. -(d)Nothing in this section shall impair the requirement to have an electronically transmitted prescription transmitted only to the pharmacy of the patient’s choice or to have a written prescription. This requirement shall not apply to orders for medications to be administered in an acute care hospital.","Existing law, the Pharmacy Law, establishes the California State Board of Pharmacy and sets forth its powers and duties, including, but not limited to, the licensing and regulation of pharmacists. Existing law makes a knowing violation of these provisions a crime. -Existing law requires every prescription, as defined, to include a legible, clear notice of the condition or purpose for which the drug is prescribed, if requested by the patient. Existing law prohibits a pharmacist from dispensing any prescription unless it is in a specified container that is correctly labeled to include, among other information, the condition or purpose for which the drug was prescribed, if the condition or purpose is indicated on the prescription. -This bill would instead require that every prescription include a legible, clear notice of the condition or purpose for which the drug is prescribed, and would authorize the prescriber or patient to request that this information not be included in the prescription container label. This bill would, similarly, require that every prescription container be correctly labeled to include that information, unless omission of that information has been requested by the prescriber or patient. -By establishing these additional requirements, the knowing violation of which would be a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -Existing law, the Pharmacy Law, requires an oral or an electronic data transmission prescription to be reduced to writing by the pharmacist and to be filled by, or under the direction of, the pharmacist. Under existing law, the pharmacist does not need to reduce to writing the address, telephone number, license classification, federal registry number of the prescriber or the address of the patient or patients if the information is readily retrievable in the pharmacy. -This bill would make nonsubstantive changes to those provisions.","An act to amend Section 4070 of the Business and Professions Code, relating to healing arts. -An act to amend Sections 4040 and 4076 of the Business and Professions Code, relating to pharmacists." -623,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1374.73 of the Health and Safety Code is amended to read: -1374.73. -(a) (1) Every health care service plan contract that provides hospital, medical, or surgical coverage shall also provide coverage for behavioral health treatment for pervasive developmental disorder or autism no later than July 1, 2012. The coverage shall be provided in the same manner and shall be subject to the same requirements as provided in Section 1374.72. -(2) Notwithstanding paragraph (1), as of the date that proposed final rulemaking for essential health benefits is issued, this section does not require any benefits to be provided that exceed the essential health benefits that all health plans will be required by federal regulations to provide under Section 1302(b) of the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). -(3) This section shall not affect services for which an individual is eligible pursuant to Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code or Title 14 (commencing with Section 95000) of the Government Code. -(4) This section shall not affect or reduce any obligation to provide services under an individualized education program, as defined in Section 56032 of the Education Code, or an individual service plan, as described in Section 5600.4 of the Welfare and Institutions Code, or under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and its implementing regulations. -(b) Every health care service plan subject to this section shall maintain an adequate network that includes qualified autism service providers who supervise and employ qualified autism service professionals or paraprofessionals who provide and administer behavioral health treatment. Nothing shall prevent a health care service plan from selectively contracting with providers within these requirements. -(c) For the purposes of this section, the following definitions shall apply: -(1) “Behavioral health treatment” means professional services and treatment programs, including applied behavior analysis and evidence-based behavior intervention programs, that develop or restore, to the maximum extent practicable, the functioning of an individual with pervasive developmental disorder or autism and that meet all of the following criteria: -(A) The treatment is prescribed by a physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) of, or is developed by a psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900) of, Division 2 of the Business and Professions Code. -(B) The treatment is provided under a treatment plan prescribed by a qualified autism service provider and is administered by one of the following: -(i) A qualified autism service provider. -(ii) A qualified autism service professional supervised and employed by the qualified autism service provider. -(iii) A qualified autism service paraprofessional supervised and employed by a qualified autism service provider. -(C) The treatment plan has measurable goals over a specific timeline that is developed and approved by the qualified autism service provider for the specific patient being treated. The treatment plan shall be reviewed no less than once every six months by the qualified autism service provider and modified whenever appropriate, and shall be consistent with Section 4686.2 of the Welfare and Institutions Code pursuant to which the qualified autism service provider does all of the following: -(i) Describes the patient’s behavioral health impairments or developmental challenges that are to be treated. -(ii) Designs an intervention plan that includes the service type, number of hours, and parent participation needed to achieve the plan’s goal and objectives, and the frequency at which the patient’s progress is evaluated and reported. -(iii) Provides intervention plans that utilize evidence-based practices, with demonstrated clinical efficacy in treating pervasive developmental disorder or autism. -(iv) Discontinues intensive behavioral intervention services when the treatment goals and objectives are achieved or no longer appropriate. -(D) The treatment plan is not used for purposes of providing or for the reimbursement of respite, day care, or educational services and is not used to reimburse a parent for participating in the treatment program. The treatment plan shall be made available to the health care service plan upon request. -(2) “Pervasive developmental disorder or autism” shall have the same meaning and interpretation as used in Section 1374.72. -(3) “Qualified autism service provider” means either of the following: -(A) A person, entity, or group that is certified by a national entity, such as the Behavior Analyst Certification Board, that is accredited by the National Commission for Certifying Agencies, and who designs, supervises, or provides treatment for pervasive developmental disorder or autism, provided the services are within the experience and competence of the person, entity, or group that is nationally certified. -(B) A person licensed as a physician and surgeon, physical therapist, occupational therapist, psychologist, marriage and family therapist, educational psychologist, clinical social worker, professional clinical counselor, speech-language pathologist, or audiologist pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, who designs, supervises, or provides treatment for pervasive developmental disorder or autism, provided the services are within the experience and competence of the licensee. -(4) “Qualified autism service professional” means an individual who meets all of the following criteria: -(A) Provides behavioral health treatment. -(B) Is employed and supervised by a qualified autism service provider. -(C) Provides treatment pursuant to a treatment plan developed and approved by the qualified autism service provider. -(D) Is a behavioral service provider approved as a vendor by a California regional center to provide services as an Associate Behavior Analyst, Behavior Analyst, Behavior Management Assistant, Behavior Management Consultant, or Behavior Management Program as defined in Section 54342 of Article 3 of Subchapter 2 of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations. -(E) Has training and experience in providing services for pervasive developmental disorder or autism pursuant to Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code or Title 14 (commencing with Section 95000) of the Government Code. -(5) “Qualified autism service paraprofessional” means an unlicensed and uncertified individual who meets all of the following criteria: -(A) Is employed and supervised by a qualified autism service provider. -(B) Provides treatment and implements services pursuant to a treatment plan developed and approved by the qualified autism service provider. -(C) Meets the criteria set forth in the regulations adopted pursuant to Section 4686.3 of the Welfare and Institutions Code. -(D) Has adequate education, training, and experience, as certified by a qualified autism service provider. -(d) This section shall not apply to the following: -(1) A specialized health care service plan that does not deliver mental health or behavioral health services to enrollees. -(2) A health care service plan contract in the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). -(3) A health care service plan contract in the Healthy Families Program (Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code). -(4) A health care benefit plan or contract entered into with the Board of Administration of the Public Employees’ Retirement System pursuant to the Public Employees’ Medical and Hospital Care Act (Part 5 (commencing with Section 22750) of Division 5 of Title 2 of the Government Code). -(e) Nothing in this section shall be construed to limit the obligation to provide services under Section 1374.72. -(f) As provided in Section 1374.72 and in paragraph (1) of subdivision (a), in the provision of benefits required by this section, a health care service plan may utilize case management, network providers, utilization review techniques, prior authorization, copayments, or other cost sharing. -SEC. 2. -Section 10144.51 of the Insurance Code is amended to read: -10144.51. -(a) (1) Every health insurance policy shall also provide coverage for behavioral health treatment for pervasive developmental disorder or autism no later than July 1, 2012. The coverage shall be provided in the same manner and shall be subject to the same requirements as provided in Section 10144.5. -(2) Notwithstanding paragraph (1), as of the date that proposed final rulemaking for essential health benefits is issued, this section does not require any benefits to be provided that exceed the essential health benefits that all health insurers will be required by federal regulations to provide under Section 1302(b) of the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). -(3) This section shall not affect services for which an individual is eligible pursuant to Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code or Title 14 (commencing with Section 95000) of the Government Code. -(4) This section shall not affect or reduce any obligation to provide services under an individualized education program, as defined in Section 56032 of the Education Code, or an individual service plan, as described in Section 5600.4 of the Welfare and Institutions Code, or under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and its implementing regulations. -(b) Pursuant to Article 6 (commencing with Section 2240) of Subchapter 2 of Chapter 5 of Title 10 of the California Code of Regulations, every health insurer subject to this section shall maintain an adequate network that includes qualified autism service providers who supervise and employ qualified autism service professionals or paraprofessionals who provide and administer behavioral health treatment. Nothing shall prevent a health insurer from selectively contracting with providers within these requirements. -(c) For the purposes of this section, the following definitions shall apply: -(1) “Behavioral health treatment” means professional services and treatment programs, including applied behavior analysis and evidence-based behavior intervention programs, that develop or restore, to the maximum extent practicable, the functioning of an individual with pervasive developmental disorder or autism, and that meet all of the following criteria: -(A) The treatment is prescribed by a physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) of, or is developed by a psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900) of, Division 2 of the Business and Professions Code. -(B) The treatment is provided under a treatment plan prescribed by a qualified autism service provider and is administered by one of the following: -(i) A qualified autism service provider. -(ii) A qualified autism service professional supervised and employed by the qualified autism service provider. -(iii) A qualified autism service paraprofessional supervised and employed by a qualified autism service provider. -(C) The treatment plan has measurable goals over a specific timeline that is developed and approved by the qualified autism service provider for the specific patient being treated. The treatment plan shall be reviewed no less than once every six months by the qualified autism service provider and modified whenever appropriate, and shall be consistent with Section 4686.2 of the Welfare and Institutions Code pursuant to which the qualified autism service provider does all of the following: -(i) Describes the patient’s behavioral health impairments or developmental challenges that are to be treated. -(ii) Designs an intervention plan that includes the service type, number of hours, and parent participation needed to achieve the plan’s goal and objectives, and the frequency at which the patient’s progress is evaluated and reported. -(iii) Provides intervention plans that utilize evidence-based practices, with demonstrated clinical efficacy in treating pervasive developmental disorder or autism. -(iv) Discontinues intensive behavioral intervention services when the treatment goals and objectives are achieved or no longer appropriate. -(D) The treatment plan is not used for purposes of providing or for the reimbursement of respite, day care, or educational services and is not used to reimburse a parent for participating in the treatment program. The treatment plan shall be made available to the insurer upon request. -(2) “Pervasive developmental disorder or autism” shall have the same meaning and interpretation as used in Section 10144.5. -(3) “Qualified autism service provider” means either of the following: -(A) A person, entity, or group that is certified by a national entity, such as the Behavior Analyst Certification Board, that is accredited by the National Commission for Certifying Agencies, and who designs, supervises, or provides treatment for pervasive developmental disorder or autism, provided the services are within the experience and competence of the person, entity, or group that is nationally certified. -(B) A person licensed as a physician and surgeon, physical therapist, occupational therapist, psychologist, marriage and family therapist, educational psychologist, clinical social worker, professional clinical counselor, speech-language pathologist, or audiologist pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, who designs, supervises, or provides treatment for pervasive developmental disorder or autism, provided the services are within the experience and competence of the licensee. -(4) “Qualified autism service professional” means an individual who meets all of the following criteria: -(A) Provides behavioral health treatment. -(B) Is employed and supervised by a qualified autism service provider. -(C) Provides treatment pursuant to a treatment plan developed and approved by the qualified autism service provider. -(D) Is a behavioral service provider approved as a vendor by a California regional center to provide services as an Associate Behavior Analyst, Behavior Analyst, Behavior Management Assistant, Behavior Management Consultant, or Behavior Management Program as defined in Section 54342 of Article 3 of Subchapter 2 of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations. -(E) Has training and experience in providing services for pervasive developmental disorder or autism pursuant to Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code or Title 14 (commencing with Section 95000) of the Government Code. -(5) “Qualified autism service paraprofessional” means an unlicensed and uncertified individual who meets all of the following criteria: -(A) Is employed and supervised by a qualified autism service provider. -(B) Provides treatment and implements services pursuant to a treatment plan developed and approved by the qualified autism service provider. -(C) Meets the criteria set forth in the regulations adopted pursuant to Section 4686.3 of the Welfare and Institutions Code. -(D) Has adequate education, training, and experience, as certified by a qualified autism service provider. -(d) This section shall not apply to the following: -(1) A specialized health insurance policy that does not cover mental health or behavioral health services or an accident only, specified disease, hospital indemnity, or Medicare supplement policy. -(2) A health insurance policy in the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). -(3) A health insurance policy in the Healthy Families Program (Part 6.2 (commencing with Section 12693)). -(4) A health care benefit plan or policy entered into with the Board of Administration of the Public Employees’ Retirement System pursuant to the Public Employees’ Medical and Hospital Care Act (Part 5 (commencing with Section 22750) of Division 5 of Title 2 of the Government Code). -(e) Nothing in this section shall be construed to limit the obligation to provide services under Section 10144.5. -(f) As provided in Section 10144.5 and in paragraph (1) of subdivision (a), in the provision of benefits required by this section, a health insurer may utilize case management, network providers, utilization review techniques, prior authorization, copayments, or other cost sharing. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law defines developmental disability for these purposes, to include, among other things, autism. -Existing law provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. A violation of those provisions is a crime. Existing law provides for the licensure and regulation of health insurers by the Department of Insurance. -Existing law requires every health care service plan contract and health insurance policy to provide coverage for behavioral health treatment for pervasive developmental disorder or autism until January 1, 2017, and defines “behavioral health treatment” to mean specified services provided by, among others, a qualified autism service professional supervised and employed by a qualified autism service provider. For purposes of this provision, existing law defines a “qualified autism service professional” to mean a person who, among other requirements, is a behavioral service provider approved as a vendor by a California regional center to provide services as an associate behavior analyst, behavior analyst, behavior management assistant, behavior management consultant, or behavior management program pursuant to specified regulations adopted under the Lanterman Developmental Disabilities Services Act. -This bill would delete the sunset date, thereby extending the operation of these provisions indefinitely. By extending the operation of these provisions, the violation of which by a health care service plan would be a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1374.73 of the Health and Safety Code, and to amend Section 10144.51 of the Insurance Code, relating to health care coverage." -624,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 43.100 is added to the Civil Code, to read: -43.100. -(a) There shall not be any civil liability on the part of, and no cause of action shall accrue against, a person for property damage or trespass to a motor vehicle, if the damage was caused while the person was rescuing an animal in accordance with subdivision (b) of Section 597.7 of the Penal Code. -(b) The immunity from civil liability for property damage to a motor vehicle that is established by subdivision (a) does not affect a person’s civil liability or immunity from civil liability for rendering aid to an animal. -SEC. 2. -Section 597.7 of the Penal Code is amended to read: -597.7. -(a) A person shall not leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. -(b) (1) This section does not prevent a person from taking reasonable steps that are necessary to remove an animal from a motor vehicle if the person holds a reasonable belief that the animal’s safety is in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. -(2) A person who removes an animal from a vehicle in accordance with paragraph (1) is not criminally liable for actions taken reasonably and in good faith if the person does all of the following: -(A) Determines the vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the vehicle. -(B) Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one. -(C) Has contacted a local law enforcement agency, the fire department, animal control, or the “911” emergency service prior to forcibly entering the vehicle. -(D) Remains with the animal in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer, humane officer, animal control officer, or another emergency responder arrives. -(E) Used no more force to enter the vehicle and remove the animal from the vehicle than was necessary under the circumstances. -(F) Immediately turns the animal over to a representative from law enforcement, animal control, or another emergency responder who responds to the scene. -(c) Unless the animal suffers great bodily injury, a first conviction for violation of this section is punishable by a fine not exceeding one hundred dollars ($100) per animal. If the animal suffers great bodily injury, a violation of this section is punishable by a fine not exceeding five hundred dollars ($500), imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment. Any subsequent violation of this section, regardless of injury to the animal, is also punishable by a fine not exceeding five hundred dollars ($500), imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment. -(d) (1) This section does not prevent a peace officer, firefighter, humane officer, animal control officer, or other emergency responder from removing an animal from a motor vehicle if the animal’s safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. -(2) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle, or who takes possession of an animal that has been removed from a motor vehicle, shall take it to an animal shelter or other place of safekeeping or, if the officer deems necessary, to a veterinary hospital for treatment. The owner of the animal removed from the vehicle may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. -(3) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible. -(4) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle or who receives an animal rescued from a vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing his or her name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. -(5) Except as provided in subdivision (b), this section does not affect in any way existing liabilities or immunities in current law, or create any new immunities or liabilities. -(e) Nothing in this section shall preclude prosecution under both this section and Section 597 or any other provision of law, including city or county ordinances. -(f) Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs, sheep, poultry, or other agricultural animals in motor vehicles designed to transport such animals for agricultural purposes.","Existing law authorizes a peace officer, humane officer, or animal control officer to take all steps reasonably necessary to remove an animal from a motor vehicle because the animal’s safety appears to be in immediate danger of specified harm. Existing law requires those persons who remove an animal from a vehicle to take the animal to an animal shelter or other place of safekeeping or, if deemed necessary, to a veterinary hospital for treatment, and to leave a notice in the vehicle that notifies the owner of, among other things, the location where the animal may be claimed. Existing law authorizes the owner to claim the animal only after paying all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. -This bill would expand the authorization and requirements applicable to a peace officer, humane officer, or animal control officer described above to include a firefighter or other emergency responder. The bill would additionally provide that a person may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal removed from the vehicle. The bill would exempt a person from criminal liability for actions taken reasonably and in good faith to remove an animal from a vehicle under the circumstances described above if the person satisfies specified conditions, including immediately turning the animal over to a representative from law enforcement, animal control, or other emergency responder who responds to the scene. The bill would exempt a person from civil liability for property damage or trespass to a motor vehicle if the property damage or trespass occurred while the person was rescuing an animal pursuant to these provisions.","An act to add Section 43.100 to the Civil Code, and to amend Section 597.7 of the Penal Code, relating to trespass." -625,"The people of the State of California do enact as follows: - - -SECTION 1. -Part 40.1 (commencing with Section 67420) is added to Division 5 of Title 3 of the Education Code, to read: -PART 40.1. College Textbook Affordability Act of 2015 -67420. -This part shall be known, and may be cited, as the College Textbook Affordability Act of 2015. -67421. -(a) The College Textbook Affordability Act of 2015 is hereby established to reduce costs for college students by encouraging faculty to accelerate the adoption of lower cost, high-quality, open educational resources. Faculty development shall be a key component of this acceleration initiative. This initiative shall use, in addition to any other appropriate resources, those identified, housed, produced, and otherwise found appropriate pursuant to the California Open Education Resources Council established in Section 66409 and the California Digital Open Source Library, also known as the California Open Online Library for Education, established in Section 66408. -(b) The Open Educational Resources Adoption Incentive Program is hereby established to carry out the purposes of this act. Unless context otherwise requires, “program” in this act means the Open Educational Resources Adoption Incentive Program. -67422. -(a) (1) Moneys appropriated in subdivision (f) of Section 69999.6 for the program shall be used by community college and California State University campuses to further the purposes specified in subdivision (a) of Section 67421, including any of the following purposes: -(A) Faculty professional development, which shall include learning about the California Open Online Library for Education established in Section 66408. Faculty who participate in this professional development shall be reimbursed in accordance with their campus’ approved plan pursuant to paragraph (2) of subdivision (a) of Section 67424. -(B) Professional development for staff whose work supports providing students with open educational resources. -(C) Open educational resource curation activities. All new open educational resources developed and available that are adopted as course material pursuant to this program shall be added to the California Open Online Library for Education established in Section 66408. -(D) Curriculum modification and requisite release time for faculty in accordance with a campus’ approved plan pursuant to paragraph (2) of subdivision (a) of Section 67424 related to the adoption of open educational resources as course materials. -(E) Technology support for faculty, students, and staff whose work furthers the goals specified in a campus’ approved plan pursuant to paragraph (2) of subdivision (a) of Section 67424. -(2) Moneys appropriated in subdivision (f) of Section 69999.6 for the program shall not be used for direct compensation for faculty members who adopt open educational resources, except as provided to compensate for professional development pursuant to subparagraph (A) of paragraph (1), or for purchasing new equipment. -(b) For the purposes of this act, a “community college campus” is a community college campus site that has a local academic senate. -67423. -As used in this part, “open educational resources” are high-quality teaching, learning, and research resources that reside in the public domain or have been released under an intellectual property license, such as a Creative Commons license, that permits their free use and repurposing by others, and may include other resources that are legally available and free of cost to students. “Open educational resources” include, but are not limited to, full courses, course materials, modules, textbooks, faculty-created content, streaming videos, tests, software, and any other tools, materials, or techniques used to support access to knowledge. -67424. -(a) In order to participate in the program, the local academic senate of a campus of the California State University or the California Community Colleges shall do both of the following: -(1) Adopt a local campus resolution to increase student access to high-quality open educational resources and reduce the cost of textbooks and supplies for students in course sections for which open educational resources are to be adopted to accomplish cost savings for students. -(2) Approve a plan, in collaboration with students and campus administration, that describes evidence of the faculty’s commitment and readiness to effectively use grant funds to support faculty adoption of open educational resources. -(A) The plan may detail technological or staff support to increase the adoption of open educational resources. The plan shall describe how the faculty will learn about the California Open Online Library for Education and other existing open educational resources. -(B) The plan shall include the number of academic departments expected to be involved in the plan’s implementation, the number of course sections in which open educational resources will be adopted, the percentage of cost savings for students anticipated on account of the adoption of open educational resources for each of these course sections, the ways existing faculty development programs will be enhanced by the plan’s implementation, and the mechanisms that will be used to distribute adopted open educational resources to students. -(C) At their discretion, faculty may choose, for courses that are to adopt open educational resources under the plan, appropriate resources for any of the 50 strategically selected lower division courses identified by the California Open Education Resources Council pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 66409. Other open educational resources may also be used. -(D) The plan shall describe how the campus will provide access to open educational resource materials for students, including how the campus will make hard copies of these materials available for students who lack access to these materials off campus and make it possible for students with such access to print hard copies. -(E) The plan will identify the amount of the grant requested. The amount of the grant requested shall be equal to, or less than, the number of course sections in which both open educational resources will be adopted and cost savings for the course section will be greater than 30 percent, multiplied by one thousand dollars ($1,000). The amount requested shall not be greater than fifty thousand dollars ($50,000). A plan shall commit to achieving greater than 30 percent cost savings in at least 10 course sections. -(F) (i) The plan shall include the percentage of cost savings for each course section calculated as follows: -(ii) The percentage of cost savings shall be the estimated decrease in the costs of books and supplies for a course section in the current term resulting from the adoption of open educational resources for that course section, divided by the costs of books and supplies for that course section in the immediately preceding academic term. -(b) The California Open Education Resources Council may provide expertise on available open educational resources and best practices for the adoption of open educational resources for existing courses to assist in the development of the plan. -(c) (1) The local academic senate of a campus of the California State University or the California Community Colleges may submit the resolution and the plan developed pursuant to subdivision (a) to the California Open Education Resources Council as its application for an initial grant no later than June 30, 2016. -(2) (A) The California Open Education Resources Council shall make an initial grant to a campus within 60 days of the council’s receipt of the campus’ application if the campus has satisfied the requirements of subdivision (a). The California Open Education Resources Council may award up to 100 initial grants. -(B) If the total amount requested in applications received pursuant to subparagraph (A) is equal to or less than two million dollars ($2,000,000), the California Open Education Resources Council shall make grants for each approved application equal to the amount requested in the application. If the total amount requested in applications received pursuant to subparagraph (A) exceeds two million dollars ($2,000,000), the California Open Education Resources Council shall make grants for the full amount requested in approved applications on a competitive basis based on the strength of the evidence provided of faculty commitment to the adoption of open educational resources. -(3) Each application approved by the California Open Education Resources Council shall be submitted by the council to the Chancellor of the California State University no later than 30 days after the council approves the application. The chancellor shall award grants to recipients in accordance with this section. -(4) Administrative support may be provided to the council by the California Open Online Library for Education to help the council carry out its duties in accordance with this part. -(5) (A) No later than June 30, 2018, a campus may apply for a bonus grant equal to the amount of its initial grant. The application shall include evidence that the campus has met or exceeded total cost savings of greater than 30 percent for the required number of course sections specified in the approved plan for the campus’ initial grant in the 2017–18 academic year. -(B) (i) A campus may also compute the total cost savings for each course section and include that figure in its application for a bonus grant pursuant to subparagraph (A). -(ii) The total cost savings for each course section shall be the number of students enrolled in a course section multiplied by the per-student decrease in the costs of books and supplies for the course section in the term resulting from the adoption of open educational resources. -(6) Bonus grants specified in paragraph (5) shall be used to further the goals of the campus’ approved plan for its initial grant. It is the intent of the Legislature that bonus grants support each campus’ adoption of open educational resources for at least double the number of course sections, and with at least 30 percent cost savings for each of these course sections, as accomplished by the campus’ approved plan for its initial grant. -(7) If the total amount requested in applications for bonus grants exceeds the total amount of funds available, the California Open Educational Resources Council shall award grants on a competitive basis to approved applications for the full amount of the initial grant based on the overall percentage savings achieved by the initial plan in the courses covered by the plan. -(8) It is the intent of the Legislature that initial and bonus grants provide the impetus for campuses to adopt, and continue to use, open educational resources as course materials. -(d) The California Open Online Library for Education, in consultation with the Intersegmental Committee of Academic Senates, shall report to the Legislature, in accordance with Section 9795 of the Government Code, before September 1 each year, commencing in 2018, as to whether the grants are increasing the rate of adoption of open educational resources and decreasing textbook costs for college students. -67425. -This part shall become inoperative on September 1, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 2. -Section 69999.6 of the Education Code is amended to read: -69999.6. -(a) In enacting this article, it is the intent of the Legislature to accomplish all of the following: -(1) Provide explicit authority to the board to continue to administer accounts for, and make awards to, persons who qualified for awards under the provisions of the Governor’s Scholarship Programs as those provisions existed on January 1, 2003, prior to the repeal of former Article 20 (commencing with Section 69995). -(2) Provide for the management and disbursement of funds previously set aside for the scholarship programs authorized by former Article 20 (commencing with Section 69995). -(3) Provide a guarantee should additional funds be needed to cover awards authorized and made pursuant to former Article 20 (commencing with Section 69995). -(b) The board may manage and disburse the funds previously set aside for the scholarship programs authorized by former Article 20 (commencing with Section 69995). -(c) If a person has earned an award under the Governor’s Scholarship Programs on or before January 1, 2003, but has not claimed the award on or before June 30, 2004, he or she still may claim the award by a date that is five years from the first June 30 that fell after he or she took the qualifying test. An award shall not be made by the board after that date. -(d) The board shall negotiate with the current manager of the Governor’s Scholarship Programs and execute an amended or new management and funding agreement, before January 1, 2013, which shall include, but not be limited to, all of the following: -(1) Terms providing for the return to the General Fund by no later than January 1, 2013, of moneys appropriated to the Governor’s Scholarship Programs that are not anticipated to be needed to make awards pursuant to paragraphs (1) and (2) of subdivision (a). -(2) Provisions that authorize the board to pay agreed-upon early withdrawal penalties or fees. -(3) Terms that extend to the final date upon which the board may withdraw funds for a person who earned an award under the Governor’s Scholarship Programs. -(e) (1) If funds retained in the Golden State Scholarshare Trust after January 1, 2013, are insufficient to cover the remaining withdrawal requests, it is the intent of the Legislature to appropriate the necessary funds to the Golden State Scholarshare Trust for the purpose of funding individual beneficiary accounts. -(2) The board shall notify the Department of Finance and the Legislature no later than 10 working days after determining that a shortfall in available funding described in paragraph (1) will occur. -(f) (1) (A) Of the funds transferred to the General Fund pursuant to paragraph (1) of subdivision (d), five million dollars ($5,000,000) is hereby appropriated to the Chancellor of the California State University, without regard to fiscal years, to fund the establishment and administration of the California Open Education Resources Council and the California Digital Open Source Library, and the development or acquisition of open education resources, or any combination thereof, pursuant to legislation enacted in the 2011–12 Regular Session of the Legislature, provided that the chancellor may provide reimbursement to the California Community Colleges and the University of California for costs those segments, or their representatives, incur in association with the activities described in this paragraph. -(B) Effective January 1, 2016, three million dollars ($3,000,000) of the moneys appropriated pursuant to this paragraph are hereby reappropriated pursuant to paragraph (4). -(2) Except those moneys allocated pursuant to paragraphs (3) and (4), moneys, or a portion of moneys, appropriated pursuant to paragraph (1) shall not be encumbered unless at least 100 percent of that amount encumbered is matched by private funds and, if not matched by private funds, shall revert to the Golden State Scholarshare Trust for purposes of the Governor’s Scholarship Programs. -(3) Of the unencumbered amount appropriated pursuant to paragraph (1) as of June 30, 2015: -(A) Up to two hundred thousand dollars ($200,000) may be used for administration of the California Open Online Library for Education. These funds may be used by the California Open Online Library for Education to continue developing and updating its services to provide faculty, staff, and students convenient access to open educational resources as course materials and to provide administrative support for the California Open Educational Resources Council. These funds may be used by the California Open Online Library for Education for purposes of the Open Educational Resources and Adoption Incentive Program until September 1, 2020. -(B) Up to twenty-seven thousand dollars ($27,000) may be used for stipends to members of the California Open Education Resources Council for these members to carry out their duties in accordance with the Open Educational Resources Adoption Incentive Program. -(4) Of the funds transferred to the General Fund pursuant to paragraph (1) of subdivision (d) and appropriated pursuant to paragraph (1), three million dollars ($3,000,000) is hereby reappropriated to the Chancellor of the California State University, without regard to fiscal years, for allocation for the Open Educational Resources Adoption Incentive Program. -(g) The board may adopt rules and regulations for the implementation of this article.","(1) Existing law establishes the segments of the postsecondary education system in the state, including the California State University, administered by the Trustees of the California State University, and the California Community Colleges, administered by the Board of Governors of the California Community Colleges. -This bill would establish the College Textbook Affordability Act of 2015 to reduce costs for college students by encouraging faculty to accelerate the adoption of lower cost, high-quality open educational resources, as defined. -The bill would create the Open Educational Resources Adoption Incentive Program to provide incentives and reward campus, staff, and faculty efforts to accelerate the adoption of open educational resources. The bill would require that specified moneys for the program be used by campuses to create and support faculty and staff professional development, open educational resource curation activities, curriculum modification, or technology support for faculty, staff, and students, as specified. The bill would authorize the local academic senate of a campus of the California State University or the California Community Colleges to (A) adopt a local campus resolution to increase student access to high-quality open educational resources and reduce the cost of textbooks and supplies for students, and (B) upon adoption of the resolution, develop a specified plan, in collaboration with students and the administration, that describes evidence of the campus’ commitment and readiness to spend grant money from the fund to support faculty adoption of open educational resources. The bill would require the California Open Education Resources Council to review and approve the plan, and, if it meets these and other specified requirements, would authorize the Chancellor of the California State University to award an initial grant of up to $50,000 to the campus from the fund. The bill would require additional bonus grants to be distributed to participating campuses if certain benchmarks are met. The bill would cap the number of initial grants that may be approved by the California Open Education Resources Council each award year at 100. The bill would require the California Digital Open Source Library, also known as the California Open Online Library for Education, in consultation with the Intersegmental Committee of Academic Senates, to report to the Legislature before September 1 of each year, commencing in 2018, as to whether the grants are increasing the rate of adoption of open educational resources and decreasing textbook costs for college students. -The bill would make these provisions inoperative on September 1, 2020, and would repeal them as of January 1, 2021. -(2) Existing law appropriates, from specified funds, $5,000,000 to the Chancellor of the California State University to fund, among other things, the establishment and administration of the California Open Education Resources Council and the California Digital Open Source Library. -This bill would specify that $3,000,000 of those funds are reappropriated for allocation for the Open Educational Resources Adoption Incentive Program. Of the remaining $2,000,000, the bill would specify that up to $200,000 may be used for the California Open Online Library for Education and up to $27,000 may be used for stipends to members of the California Open Education Resources Council, as specified.","An act to amend Section 69999.6 of, and to add and repeal Part 40.1 (commencing with Section 67420) of Division 5 of Title 3 of, the Education Code, relating to postsecondary education." -626,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 23102 of the -Revenue and Taxation Code -is amended to read: -23102. -Any corporation or limited liability company holding or organized to hold stock or bonds of any other corporation or corporations, and not trading in stock or bonds or other securities held, and engaging in no activities other than the receipt and disbursement of dividends from stock or interest from bonds, and no activities other than those exempted under subdivision (c) of Section 191 of the Corporations Code, is not a corporation or limited liability company doing business in this State for the purposes of this chapter or Chapter 10.6. -SECTION 1. -Section 17941 of the Revenue and Taxation Code is amended to read: -17941. -(a) For each taxable year beginning on or after January 1, 1997, a limited liability company doing business in this -state (as -state, as -defined in Section -23101) -23101, -shall pay annually to this state a tax for the privilege of doing business in this state in an amount equal to the applicable amount specified in -paragraph (1) of -subdivision (d) of Section 23153 for the taxable year. -(b) (1) In addition to any limited liability company that is doing business in this state and is therefore subject to the tax imposed by subdivision (a), for each taxable year beginning on or after January 1, 1997, a limited liability company shall pay annually the tax prescribed in subdivision (a) if articles of organization have been accepted, or a certificate of registration has been issued, by the office of the Secretary of State. The tax shall be paid for each taxable year, or part thereof, until a certificate of cancellation of registration or of articles of organization is filed on behalf of the limited liability company with the office of the Secretary of State. -(2) If a taxpayer files a return with the Franchise Tax Board that is designated as its final return, the Franchise Tax Board shall notify the taxpayer that the annual tax shall continue to be due annually until a certificate of dissolution is filed with the Secretary of State pursuant to Section 17707.08 of the Corporations Code or a certificate of cancellation is filed with the Secretary of State pursuant to Section 17708.06 of the Corporations Code. -(c) The tax assessed under this section shall be due and payable on or before the 15th day of the fourth month of the taxable year. -(d) -For -(1) -Except as provided in paragraph (2), for -purposes of this section, -a -“limited liability company” means an -organization, other than a limited liability company that is exempt from the tax and fees imposed under this chapter pursuant to Section 23701h or Section 23701x, -organization -that is formed by one or more persons under the law of this state, any other country, or any other state, as a “limited liability company” and that is not taxable as a corporation for California tax purposes. -(2) Notwithstanding subdivisions (a) and (b), a limited liability company is not subject to the tax imposed under this section if it is either of the following: -(A) The limited liability company is exempt from the tax and fees imposed under this chapter pursuant to Section 23701h or 23701x. -(B) (i) The limited liability company is a qualified investment partnership. -(ii) For purposes of this subparagraph, a qualified investment partnership means a limited liability company that meets all of the following requirements: -(I) It is classified as a partnership for California income tax purposes. -(II) No less than 90 percent of the costs of its total assets consist of qualifying investment securities, deposits at banks or other financial institutions, interest or investments in a partnership, or office space and equipment reasonably necessary to carry on its activities as a qualified investment partnership. -(III) No less than 90 percent of its gross income consists of interest, dividends, and gains from the sale or exchange of qualifying investment securities or investments in a partnership. -(iii) For purposes of this subparagraph, “qualifying investment securities” has the same meaning as that term is described in subparagraph (A) of paragraph (3) of subdivision (c) of Section 17955. -(iv) Notwithstanding Section 18633.5, the following rules shall apply with respect to the filing requirements of a qualified investment partnership. -(I) A qualified investment partnership required to file a federal return pursuant to Section 6031 of the Internal Revenue Code, relating to return of partnership income, shall file a partnership return pursuant to Section 18633 for that taxable year. -(II) A qualified investment partnership that is not required to file a federal return pursuant to Section 6031 of the Internal Revenue Code, relating to return of partnership income, shall file an information return as prescribed by the Franchise Tax Board for that taxable year. -(e) Notwithstanding anything in this section to the contrary, if the office of the Secretary of State files a certificate of cancellation pursuant to Section 17707.02 of the Corporations Code for any limited liability company, then paragraph (1) of subdivision (f) of Section 23153 shall apply to that limited liability company as if the limited liability company were properly treated as a corporation for that limited purpose only, and paragraph (2) of subdivision (f) of Section 23153 shall not apply. Nothing in this subdivision entitles a limited liability company to receive a reimbursement for any annual taxes or fees already paid. -(f) (1) Notwithstanding any provision of this section to the contrary, a limited liability company that is a small business solely owned by a deployed member of the United States Armed Forces shall not be subject to the tax imposed under this section for any taxable year the owner is deployed and the limited liability company operates at a loss or ceases operation. -(2) The Franchise Tax Board may promulgate regulations as necessary or appropriate to carry out the purposes of this subdivision, including a definition for “ceases operation.” -(3) For the purposes of this subdivision, all of the following definitions apply: -(A) “Deployed” means being called to active duty or active service during a period when a Presidential Executive order specifies that the United States is engaged in combat or homeland defense. “Deployed” does not include either of the following: -(i) Temporary duty for the sole purpose of training or processing. -(ii) A permanent change of station. -(B) “Operates at a loss” means a limited liability company’s expenses exceed its receipts. -(C) “Small business” means a limited liability company with total income from all sources derived from, or attributable, to the state of two hundred fifty thousand dollars ($250,000) or less. -(4) This subdivision shall become inoperative for taxable years beginning on or after January 1, 2018. -SEC. 2. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","Existing -law, -law -imposes a minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business, as defined, in this state, and an annual tax in an amount equal to the minimum franchise tax on every limited liability company registered, qualified to transact business, or doing business in this state, as specified. -Existing law provides that certain corporations, the activities of which are limited to the receipt and disbursement of dividends and interest on securities, are not considered as doing business in this state. -Existing law requires every limited liability company subject to that annual tax to pay annually to this state a fee equal to specified amounts based upon total income from all sources attributable to this state. Existing law requires every partnership to file a return that includes specified information, verified by a written declaration made under the penalty of perjury and signed by one of the partners, within a specified time period. -This bill, under those same circumstances related to the receipt and disbursement of dividends and interest on securities, would additionally provide that such a limited liability company is not considered as doing business in this state. -This bill would exempt a limited liability company that is a qualified investment partnership, as defined, from that annual tax and fee by excluding it from the definition of a limited liability company. The bill would require that entity to submit a return under the conditions applicable to a partnership. -This bill would take effect immediately as a tax levy.","An act to amend -Section 23102 -Section -17941 -of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -627,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 8024.8 is added to the Business and Professions Code, to read: -8024.8. -(a) On or before July 1, 2017, the board shall adopt regulations to establish minimum continuing education requirements for renewal of a certificate issued pursuant to this chapter. No earlier than six months after the effective date of the regulations, to renew his or her certificate, a certificate holder shall, in addition to the requirements of Section 8024, submit to the board, on a form prescribed by the board, that he or she has completed the minimum continuing education requirements. -(b) The board shall ensure that the continuing education required by this section is relevant to the practice of shorthand reporting. -(c) The board shall ensure that the continuing education required by this section includes a minimum of two hours of course credits in ethics and professional conduct of shorthand reporting. -(d) The board shall ensure that the continuing education required by this section is not less than 8 hours and not more than 12 hours of course credits every two years. -(e) The board shall also establish a procedure for approving providers of continuing education courses, and all providers of continuing education shall comply with procedures established by the board. The board may establish a fee for providers of continuing education courses pursuant to Section 8031. The board may revoke or deny the right of a provider to offer continuing education coursework pursuant to this section for failure to comply with the requirements of this section or any regulation adopted pursuant to this section. -(f) The board may establish exceptions to the continuing education requirements of this section for a certificate holder who cannot meet the continuing education requirements for reasons of health, military service, or undue hardship. -(g) The continuing education requirements of this section shall comply with the guidelines for mandatory continuing education established by the Department of Consumer Affairs pursuant to Section 166. -(h) The board shall, in collaboration with the Judicial Council, develop a list of courses that satisfy the requirements of both this section and Rule 10.474 of Title 10 of the California Rules of Court. The courses on this list may be used to satisfy the requirements of both this section and Rule 10.474. -(i) The board may adopt regulations as necessary to implement this section. -SEC. 2. -Section 8031 of the Business and Professions Code is amended to read: -8031. -The amount of the fees required by this chapter is that fixed by the board in accordance with the following schedule: -(a) The fee for filing an application for each examination shall be no more than forty dollars ($40). -(b) The fee for examination and reexamination for the written or practical part of the examination shall be in an amount fixed by the board, which shall be equal to the actual cost of preparing, administering, grading, and analyzing the examination, but shall not exceed seventy-five dollars ($75) for each separate part, for each administration. -(c) The initial certificate fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, except that, if the certificate will expire less than 180 days after its issuance, then the fee is 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, or fifty dollars ($50), whichever is greater. The board may, by appropriate regulation, provide for the waiver or refund of the initial certificate fee where the certificate is issued less than 45 days before the date on which it will expire. -(d) By a resolution adopted by the board, a renewal fee may be established in such amounts and at such times as the board may deem appropriate to meet its operational expenses and funding responsibilities as set forth in this chapter. The renewal fee shall not be more than one hundred twenty-five dollars ($125) nor less than ten dollars ($10) annually, with the following exception: -Any person who is employed full time by the State of California as a hearing reporter and who does not otherwise render shorthand reporting services for a fee shall be exempt from licensure while in state employment and shall not be subject to the renewal fee provisions of this subdivision until 30 days after leaving state employment. The renewal fee shall, in addition to the amount fixed by this subdivision, include any unpaid fees required by this section plus any delinquency fee. -(e) The duplicate certificate fee shall be no greater than ten dollars ($10). -(f) The penalty for failure to notify the board of a change of name or address as required by Section 8024.6 shall be no greater than fifty dollars ($50). -(g) The fee for approval of a continuing education provider shall be fixed by the board through regulation in an amount to cover the reasonable regulatory cost to the board of approving those continuing education providers, but shall be no greater than forty dollars ($40).","Existing law provides for the certification and regulation of shorthand reporters by the Court Reporters Board of California in the Department of Consumer Affairs, and provides for the regulation of shorthand reporting schools by the board. Existing law provides for the renewal of a shorthand reporter’s certificate if specified requirements are met. Existing law sets forth specified fees for the examination for, and the issuance and renewal of, a shorthand reporter’s certificate. -This bill would require the board, on or before July 1, 2017, to adopt regulations to establish, for renewal of a shorthand reporter’s certificate, minimum approved continuing education requirements, with certain exceptions, and would require the board to establish a procedure for approving providers of those continuing education courses, as specified. The bill would also require the board to collaborate with the Judicial Council to develop a list of courses that satisfy the continuing education requirements of both these provisions and a specified rule, applicable to trial court personnel, of the California Rules of Court. The bill would also authorize the board to, by regulation, establish a fee for approval of those continuing education providers, not to exceed the reasonable regulatory costs, if any, to the board of approving those providers.","An act to amend Section 8031 of, and to add Section 8024.8 to, the Business and Professions Code, relating to shorthand reporters." -628,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1098 of the Civil Code is amended to read: -1098. -(a) A “transfer fee” is any fee payment requirement imposed within a covenant, restriction, or condition contained in any deed, contract, security instrument, or other document affecting the transfer or sale of, or any interest in, real property that requires a fee be paid as a result of transfer of the real property. A transfer fee does not include any of the following: -(1) Fees or taxes imposed by a governmental entity. -(2) Fees pursuant to mechanics’ liens. -(3) Fees pursuant to court-ordered transfers, payments, or judgments. -(4) Fees pursuant to property agreements in connection with a legal separation or dissolution of marriage. -(5) Fees, charges, or payments in connection with the administration of estates or trusts pursuant to Division 7 (commencing with Section 7000), Division 8 (commencing with Section 13000), or Division 9 (commencing with Section 15000) of the Probate Code. -(6) Fees, charges, or payments imposed by lenders or purchasers of loans, as these entities are described in subdivision (c) of Section 10232 of the Business and Professions Code. -(7) Assessments, charges, penalties, or fees authorized by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4) or by the Commercial and Industrial Common Interest Development Act (Part 5.3 (commencing with Section 6500) of Division 4). -(8) Fees, charges, or payments for failing to comply with, or for transferring the real property prior to satisfying, an obligation to construct residential improvements on the real property. -(9) (A) Any fee reflected in a document recorded against the property on or before December 31, 2007, that is separate from any covenants, conditions, and restrictions, and that substantially complies with subdivision (a) of Section 1098.5 by providing a prospective transferee notice of the following: -(i) Payment of a transfer fee is required. -(ii) The amount or method of calculation of the fee. -(iii) The date or circumstances under which the transfer fee payment requirement expires, if any. -(iv) The entity to which the fee will be paid. -(v) The general purposes for which the fee will be used. -(B) A fee reflected in a document recorded against the property on or before December 31, 2007, that is not separate from any covenants, conditions, and restrictions, or that incorporates by reference from another document, is a “transfer fee” for purposes of Section 1098.5. A transfer fee recorded against the property on or before December 31, 2007, that complies with subparagraph (A) and incorporates by reference from another document is unenforceable unless recorded against the property on or before December 31, 2016, in a single document that complies with subdivision (b) and with Section 1098.5. -(b) The information in paragraph (9) of subdivision (a) shall be set forth in a single document and shall not be incorporated by reference from any other document. -SEC. 2. -Section 1098.5 of the Civil Code is amended to read: -1098.5. -(a) For transfer fees, as defined in Section 1098, imposed prior to January 1, 2008, the receiver of the fee, as a condition of payment of the fee on or after January 1, 2009, shall record, on or before December 31, 2008, against the real property in the office of the county recorder for the county in which the real property is located a separate document that meets all of the following requirements: -(1) The title of the document shall be “Payment of Transfer Fee Required” in at least 14-point boldface type. -(2) The document shall include all of the following information: -(A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor’s parcel number for the affected real property. -(B) The amount, if the fee is a flat amount, or the percentage of the sales price constituting the cost of the fee. -(C) If the real property is residential property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000). -(D) The date or circumstances under which the transfer fee payment requirement expires, if any. -(E) The purpose for which the funds from the fee will be used. -(F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent. -(G) The signature of the authorized representative of the entity to which funds from the fee will be paid. -(b) When a transfer fee, as defined in Section 1098, is imposed upon real property on or after January 1, 2008, the person or entity imposing the transfer fee, as a condition of payment of the fee, shall record in the office of the county recorder for the county in which the real property is located, concurrently with the instrument creating the transfer fee requirement, a separate document that meets all of the following requirements: -(1) The title of the document shall be “Payment of Transfer Fee Required” in at least 14-point boldface type. -(2) The document shall include all of the following information: -(A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor’s parcel number for the affected real property. -(B) The amount, if the fee is a flat amount, the percentage of the sales price constituting the cost of the fee, or the method for calculating the amount. -(C) If the real property is residential property and the amount of the fee is based on the price of the real property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000). -(D) The date or circumstances under which the transfer fee payment requirement expires, if any. -(E) The purpose for which the funds from the fee will be used. -(F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent. -(G) The signature of the authorized representative of the entity to which funds from the fee will be paid. -(c) The recorder shall only be responsible for examining that the document required by subdivision (a) or (b) contains the information required by subparagraphs (A), (F), and (G) of paragraph (2) of subdivision (a) or (b). The recorder shall index the document under the names of the persons and entities identified in subparagraphs (A) and (F) of paragraph (2) of subdivision (a) or (b). The recorder shall not examine any other information contained in the document required by subdivision (a) or (b). -SEC. 3. -Section 1102.6e of the Civil Code is amended to read: -1102.6e. -If a property being transferred on or after January 1, 2008, is subject to a transfer fee, as defined in Section 1098, the transferor shall provide, at the same time as the transfer disclosure statement required pursuant to Section 1102.6 is provided if the document required by subdivision (b) of Section 1098.5 has not already been provided, an additional disclosure statement containing all of the following: -(a) Notice that payment of a transfer fee is required as a result of transfer of the property. -(b) The amount of the fee required for the asking price of the real property, if the amount of the fee is based on the price of the real property, and a description of how the fee is calculated. -(c) Notice that the final amount of the fee may be different if the fee is based upon a percentage of the final sale price. -(d) The entity to which funds from the fee will be paid. -(e) The purposes for which funds from the fee will be used. -(f) The date or circumstances under which the obligation to pay the transfer fee expires, if any. -SEC. 4. -The Legislature finds and declares that the addition of subdivision (b) to Section 1098 of, and the amendments to Sections 1098.5 and 1102.6e of, the Civil Code made by this act are clarifying and declaratory of existing law.","Existing law defines a transfer fee as a fee payment requirement imposed in any covenant, restriction, or condition contained in any deed, contract, security instrument, or other document affecting the transfer or sale of real property that requires a fee be paid upon transfer of the real property, with specified exceptions. Existing law, with regard to a transfer fee imposed upon real property on or after January 1, 2008, requires the person or entity imposing the transfer fee, as a condition of payment of the fee, to record a specified document describing the transfer fee concurrently with the instrument creating the transfer fee requirement. Existing law requires these recorded documents to include information on the amount of the fee and actual dollar examples of the fee for a residential property, among other things. Existing law requires a transferor of residential real property subject to transfer fees to make a specified disclosure regarding those fees. -This bill would specify that the required information on the recorded document include the method for calculating the amount of the transfer fee, if not a flat amount or a percentage of the sales price, and include the actual dollar examples of the fee for a residential property if the amount of the fee is based on the price of the real property. The bill would also require the transferor of residential real property subject to transfer fees to make the specified disclosure regarding those fees if the recorded document describing the transfer fees has not already been provided. The bill would also clarify the definition of a transfer fee. -Existing law excludes from the definition of a transfer fee any fee reflected in a document recorded against the property on or before December 31, 2007, that is separate from any covenants, conditions, and restrictions, and that provides a prospective transferee notice of specified information, including the amount or method of calculation of the fee. -This bill would specify that the information shall be set forth in a single document and may not be incorporated by reference from any other document. -This bill would provide that a fee reflected in a document recorded against the property on or before December 31, 2007, that is not separate from any covenants, conditions, and restrictions, or that incorporates by reference from another document, constitutes a transfer fee for the purposes of requirements relating to these fees. The bill would make unenforceable a transfer fee recorded against the property on or before December 31, 2007, that complies with the provisions described above and that incorporates by reference from another document unless it is recorded against the property on or before December 31, 2016, in a single document that complies with the provisions described above. -This bill would also make a legislative finding that certain changes made by this bill are clarifying and declaratory of existing law.","An act to amend Sections 1098, 1098.5, and 1102.6e of the Civil Code, relating to real estate transfer fees." -629,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 4 (commencing with Section 350) is added to Part 1 of Division 1 of Title 1 of the -Education Code -, to read: -4. -Pupils of Limited Academic English Proficiency -350. -(a)For purposes of this chapter, “pupils of limited academic English proficiency” is defined as pupils who do not have the clearly developed academic English language skills of comprehension, speaking, reading, and writing necessary to receive instruction in English at a level substantially equivalent to pupils of the same age or grade whose primary language is also English. -(b)For purposes of this chapter, “academic English” and “academic language” shall have the same meaning and are defined as the oral, written, auditory, and visual language proficiency required to learn effectively in school and academic programs. Academic English and academic language is the language used in classroom lessons, books, tests, and assignments, and it is the language that pupils are expected to learn and achieve fluency in. Frequently contrasted with “conversational” or “social” language, academic language includes a variety of formal-language skills such as vocabulary, grammar, punctuation, syntax, discipline-specific terminology, or rhetorical conventions, that allow pupils to acquire knowledge and academic skills while also successfully navigating school policies, assignments, expectations, and cultural norms. -350.1. -(a)On or before September 1, 2016, the Superintendent, in consultation with the department and local educational agencies, shall develop a formal process to identify pupils who may meet the definition in subdivision (a) of Section 350. -(b)The process may, at a minimum, provide special consideration to pupils who meet any of the following criteria: -(1)Scores in the lowest achievement levels on the Smarter Balanced Assessment System summative and interim assessments. -(2)Receives less than a passing grade on one or more consecutive progress and report cards in English language arts. -(3)Is identified by teachers or faculty members as a candidate who may meet one or more of the criteria in paragraphs (1) or (2). -350.2. -(a)On or before January 1, 2017, the department, in consultation with local educational agencies, shall develop a study on best practices for providing instruction to pupils of limited academic English proficiency, and shall provide this study to members of the Legislature, the Office of the Legislative Analyst, and the Governor. The study shall include, but not be limited to, information relating to all of the following: -(1)Existing state and local programs. -(2)Effective pedagogical and instructional methods for pupils of limited academic English proficiency. -(3)Professional development and training needs for teachers who would be likely to provide instruction to pupils of limited academic English proficiency. -(b)The study required to be submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. -350.3. -(a)Notwithstanding any other law, including Article 3.5 (commencing with Section 313) of Chapter 3, on or before September 1, 2017, the department shall develop an assessment tool to determine the proficiency level of pupils of limited academic English proficiency identified through the formal process, pursuant to Section 350.1, for purposes of identifying an adequate method of instruction for these pupils. -(b)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the designation of a pupil of limited academic English proficiency to academic English proficient. -350.4. -(a)Notwithstanding any other law, including Article 3.5 (commencing with Section 313) of Chapter 3, commencing with the 2018–19 school year, the assessment developed pursuant to Section 350.3 shall be conducted upon initial enrollment or as early as possible after enrollment, in order to provide information to determine if the pupil is a pupil of limited academic English proficiency, and annually thereafter during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is designated as academic English proficient pursuant to Section 350.5. -(b)For purposes of this section, school districts may utilize a pupil scoring at the highest achievement levels of 3 or higher on the Smarter Balanced Assessment System summative and interim assessments to designate the pupil as academic English proficient. If a pupil is still performing at a level of limited academic English proficiency after the grade 8 Smarter Balanced Assessment System summative and interim assessments, the school district shall provide targeted resources with the goal of the pupil scoring at the level of 3 or higher on the grade 11 Smarter Balanced Assessment System summative and interim assessments. -(c)The assessments conducted pursuant to this section shall be conducted in a manner consistent with federal statutes and regulations. -350.5. -Notwithstanding any other law, including Article 3.5 (commencing with Section 313) of Chapter 3, the Superintendent shall develop a procedure to designate a pupil of limited academic English proficiency as academic English proficient. The designation procedure developed by the Superintendent shall utilize multiple criteria in determining whether to designate a pupil as proficient in academic English, including, but not limited to, all of the following: -(a)Assessment of academic language proficiency using an objective assessment instrument. -(b)Teacher evaluation, including, but not limited to, a review of the pupil’s curriculum mastery. -(c)Parental opinion and consultation. -(d)Comparison of the performance of the pupil in basic skills against an empirically established range of performance in basic skills based upon the performance of academic English proficient pupils of the same age, that demonstrates whether the pupil is sufficiently proficient in academic English to participate effectively in a curriculum designed for pupils of the same age. -350.6. -This chapter does not preclude a school district or county office of education from testing pupils of limited academic English proficiency more than once in a school year if the school district or county office of education chooses to do so. -SECTION 1. -Section 314 is added to the Education Code, to read: -314. -(a) Contingent on the enactment of an appropriation in the annual Budget Act or related legislation for the purpose of implementing this section, the Los Angeles Unified School District, in partnership with the University of California, Los Angeles Center X, shall conduct an evaluation of the Los Angeles Unified School District’s Academic English Mastery Program. This evaluation shall include data collection and analysis, and shall address policy questions regarding identification, assessment, instruction, and professional development of, and curriculum and definitions of proficiency for, pupils of limited academic English proficiency. The evaluation shall be completed by ____ and shall be submitted to the appropriate fiscal and policy committees of the Legislature. -(b) This section is repealed on January 1, 20____. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting an assessment of pupils who are English learners in order to determine the level of English proficiency. Existing law requires each school district that has one or more pupils who are English learners, to assess the English language development of each pupil. Existing law requires this assessment to be conducted upon initial enrollment, and annually thereafter, during a period determined by the Superintendent of Public Instruction and the state board. -This bill would, notwithstanding the above provisions, require the department, on or before September 1, 2017, to develop an assessment tool to determine the proficiency level of pupils of limited academic English proficiency, as defined, and as determined by a formal process that the bill would require the Superintendent to develop in consultation with the department and local educational agencies, as provided. The bill would require the assessment to be conducted upon a pupil’s initial enrollment or as early as possible after enrollment, in order to provide information to determine if the pupil is a pupil of limited academic English proficiency, and annually thereafter, during a period of time determined by the Superintendent and the state board. The bill would require the annual assessments to continue until the pupil is designated as academic English proficient, as provided. The bill would require, if a pupil is still performing at a level of limited academic English proficiency after the grade 8 Smarter Balanced Assessment System summative and interim assessments, the school district to provide targeted resources with the goal of the pupil scoring at the level of 3 or higher on the grade 11 Smarter Balanced Assessment System summative and interim assessments. -By creating new duties for a local educational agency, this bill would impose a state-mandated local program. -This bill would, contingent on the enactment of an appropriation in the annual Budget Act or related legislation for the purpose of implementing these provisions, require the Los Angeles Unified School District, in partnership with the University of California, Los Angeles Center X, to conduct an evaluation of the Los Angeles Unified School District’s Academic English Mastery Program, as specified. The bill would require the evaluation to be completed by an unspecified date and submitted to the appropriate fiscal and policy committees of the Legislature. To the extent the bill would impose additional duties on the Los Angeles Unified School District, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add -Chapter 4 (commencing with Section 350) to Part 1 of Division 1 of Title 1 -and repeal Section 314 -of the Education Code, relating to English proficiency." -630,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California relies on three separate state agencies to administer and enforce its major taxes. -(b) To obtain assistance and comply with California’s tax laws, policies, and procedures, many taxpayers must interact with all three agencies, and frequently with multiple departments within those agencies. -(c) While this system has performed reasonably well in many respects, the multiagency nature of the system is prone to certain inherent problems, difficulties, and inefficiencies, and is particularly complex for taxpayers required to comply with California’s tax laws. -(d) Over the past decades, numerous reports have been prepared and various legislative proposals have been considered on the topic of coordination and cooperation among these three agencies. The focus of these efforts range from relatively minor aspects of increased cooperation to proposals for full consolidation of the agencies under “one roof.” -(e) Focusing on the customer should be a core element of California’s tax administration. Taxpayers should not have to understand complex government structures and relationships in order to interact with the government, particularly in a sensitive area like taxes. -(f) The California Tax Service Center, available at www.taxes.ca.gov, provides an assortment of independent departmental forms, returns, and links, tied together by a common homepage on the Internet, and is intended to provide California taxpayers with resources and educational programs with a goal as a one-stop tax assistance hub. -(g) The California Tax Service Center can be used to better serve California’s taxpaying community by virtually consolidating the three agencies’ operations to enable them to appear as one unified organization with the goal of providing a seamless experience for taxpayers in their online interactions with the agencies. -(h) It is therefore in California’s best interest to develop an Internet Web-based, taxpayer-focused system that virtually consolidates the State Board of Equalization, the Franchise Tax Board, and the Employment Development Department. In developing a taxpayer-focused system, the fundamental objective should be a platform that provides an integrated experience for taxpayers, to enable online self-service access with a single logon for all three agencies, and to provide pertinent and essential information that will enable taxpayers to satisfy their payment and reporting obligations, obtain real-time information pertinent to their individual accounts, and provide assistance that will enable taxpayers to achieve optimum compliance with California’s complex tax system. -SEC. 2. -Section 39 is added to the Revenue and Taxation Code, to read: -39. -(a) (1) On or before January 1, 2017, the board, the Franchise Tax Board, and the Employment Development Department shall collaborate and focus their current and future information technology efforts to conduct a feasibility study on the development of a single Internet Web-based portal that virtually consolidates the agencies to enable online, self-service access through a single logon for taxpayers to electronically file returns, submit forms or other information, determine account balances and due dates of taxes, remit amounts due, identify the status of any appeal, claim for refund, request for relief of interest or penalty, and any other information the agencies deem helpful to the taxpayer to assist in compliance with the state’s tax laws. The feasibility study shall consider the California Tax Service Center Internet Web site in its analysis. -(2) The feasibility study shall be conducted with the existing budgets of the board, the Franchise Tax Board, and the Employment Development Department. An appropriation shall not be made by the Legislature to fund the feasibility study. -(3) The feasibility study shall be submitted to the Legislature no later than six months after the study is completed and shall be submitted in compliance with Section 9795 of the Government Code. -(4) This subdivision shall become inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code. -(b) As part of this effort, upon a joint determination by the agencies that a need exists to improve cost-effective services to taxpayers and an appropriation by the Legislature, these agencies shall also consolidate forms, applications, and other documents to reduce or eliminate the number of multiple submissions of the same information by taxpayers. -SECTION 1. -Section 34 of the -Revenue and Taxation Code -is amended to read: -34. -Whenever an amount of money paid by a person to the state or any of its agencies includes a sum that can be identified as in fact intended as payment of a locally administered tax that should have been paid directly to a city, city and county, county or district within the state, the state or its agency may pay the amount to the local government entitled thereto and notify the payor of its action. This procedure, however, shall not be followed by the state or any of its agencies unless the governing body of the local government concerned has, by resolution, agreed with respect to those payments that a timely payment received by the state or its agency will be regarded as a timely payment to the local government concerned, and that it will process all claims with respect to that payment in the same manner as though the payment had been made to it in the first instance.","Existing law imposes various taxes that are administered by the Franchise Tax Board, the State Board of Equalization, and the Employment Development Department. -This bill would require, on or before January 1, 2017, the State Board of Equalization, the Franchise Tax Board, and the Employment Development Department to collaborate and focus the agencies’ current and future information technology efforts to conduct a feasibility study on the development of a single Internet Web site portal that virtually consolidates the agencies to enable online, self-service access to the agencies, as provided, and to submit the study to the Legislature. The bill would also require these agencies, upon a joint determination by the agencies that a need exists to improve cost-effective services to taxpayers and an appropriation by the Legislature, to consolidate forms, applications, and other documents to reduce or eliminate the number of multiple submissions of the same information by taxpayers. -Under existing law, whenever an amount of money paid by a person to the state includes a sum that can be identified as intended as payment of a locally administered tax that should have been paid directly to a local government within the state, the state is authorized to pay the amount to the local government and notify the payor of its action. However, existing law prohibits this procedure from being followed unless the governing body of the local government has, by resolution, agreed with respect to those payments that a timely payment received by the state will be regarded as a timely payment to the local government concerned, as provided. -This bill would make nonsubstantive changes to those provisions.","An act to -amend Section 34 of -add Section 39 to -the Revenue and Taxation Code, relating to taxation." -631,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 8670.40 of the Government Code is amended to read: -8670.40. -(a) The State Board of Equalization shall collect a fee in an amount determined by the administrator to be sufficient to pay the reasonable regulatory costs to carry out the purposes set forth in subdivision (e), and a reasonable reserve for contingencies. The annual assessment shall not exceed six and one-half cents ($0.065) per barrel of crude oil or petroleum products. The oil spill prevention and administration fee shall be based on each barrel of crude oil or petroleum products, as described in subdivision (b). -(b) (1) The oil spill prevention and administration fee shall be imposed upon a person owning crude oil at the time that the crude oil is received at a marine terminal, by any mode of delivery that passed over, across, under, or through waters of the state, from within or outside the state, and upon a person who owns petroleum products at the time that those petroleum products are received at a marine terminal, by any mode of delivery that passed over, across, under, or through waters of the state, from outside this state. The fee shall be collected by the marine terminal operator from the owner of the crude oil or petroleum products for each barrel of crude oil or petroleum products received. -(2) The oil spill prevention and administration fee shall be imposed upon a person owning crude oil or petroleum products at the time that the crude oil or petroleum products are received at a refinery within the state by any mode of delivery that passed over, across, under, or through waters of the state, whether from within or outside the state. The refinery shall collect the fee from the owner of the crude oil or petroleum products for each barrel received. -(3) (A) There is a rebuttable presumption that crude oil or petroleum products received at a marine terminal or a refinery have passed over, across, under, or through waters of the state. This presumption may be overcome by a marine terminal operator, refinery operator, or owner of the crude oil or petroleum products by showing that the crude oil or petroleum products did not pass over, across, under, or through waters of the state. Evidence to rebut the presumption may include, but shall not be limited to, documentation, including shipping documents, bills of lading, highway maps, rail maps, transportation maps, related transportation receipts, or another medium, that shows the crude oil or petroleum products did not pass over, across, under, or through waters of the state. -(B) Notwithstanding the petition for redetermination and claim for refund provisions of the Oil Spill Response, Prevention, and Administration Fees Law (Part 24 (commencing with Section 46001) of Division 2 of the Revenue and Taxation Code), the State Board of Equalization shall not do either of the following: -(i) Accept or consider a petition for redetermination of fees determined pursuant to this section if the petition is founded upon the grounds that the crude oil or petroleum products did or did not pass over, across, under, or through waters of the state. -(ii) Accept or consider a claim for a refund of fees paid pursuant to this section if the claim is founded upon the grounds that the crude oil or petroleum products did or did not pass over, across, under, or through waters of the state. -(C) The State Board of Equalization shall forward to the administrator an appeal of a redetermination or a claim for a refund of fees that is based on the grounds that the crude oil or petroleum products did or did not pass over, across, under, or through waters of the state. -(4) The fees shall be remitted to the State Board of Equalization by the refinery operator or the marine terminal operator on the 25th day of the month based upon the number of barrels of crude oil or petroleum products received at a refinery or marine terminal during the preceding month. A fee shall not be imposed pursuant to this section with respect to crude oil or petroleum products if the person who would be liable for that fee, or responsible for its collection, establishes that the fee has already been collected by a refinery or marine terminal operator registered under this chapter or paid to the State Board of Equalization with respect to the crude oil or petroleum product. -(5) The oil spill prevention and administration fee shall not be collected by a marine terminal operator or refinery operator or imposed on the owner of crude oil or petroleum products if the fee has been previously collected or paid on the crude oil or petroleum products at another marine terminal or refinery. A marine terminal operator or a refinery operator receiving petroleum products derived from crude oil refined in the state may presume the fee has been previously collected. -(6) An owner of crude oil or petroleum products is liable for the fee until it has been paid to the State Board of Equalization, except that payment to a refinery operator or marine terminal operator registered under this chapter is sufficient to relieve the owner from further liability for the fee. -(7) On or before January 20, the administrator shall annually prepare a plan that projects revenues and expenses over three fiscal years, including the current year. Based on the plan, the administrator shall set the fee so that projected revenues, including any interest and inflation, are equivalent to expenses as reflected in the current Budget Act and in the proposed budget submitted by the Governor. In setting the fee, the administrator may allow for a surplus if the administrator finds that revenues will be exhausted during the period covered by the plan or that the surplus is necessary to cover possible contingencies. The administrator shall notify the State Board of Equalization of the adjusted fee rate, which shall be rounded to no more than four decimal places, to be effective the first day of the month beginning not less than 30 days from the date of the notification. -(c) The moneys collected pursuant to subdivision (a) shall be deposited into the fund. -(d) The State Board of Equalization shall collect the fee and adopt regulations for implementing the fee collection program. -(e) The fee described in this section shall be collected solely for all of the following purposes: -(1) To implement oil spill prevention programs through rules, regulations, leasing policies, guidelines, and inspections and to implement research into prevention and control technology. -(2) To carry out studies that may lead to improved oil spill prevention and response. -(3) To finance environmental and economic studies relating to the effects of oil spills. -(4) To implement, install, and maintain emergency programs, equipment, and facilities to respond to, contain, and clean up oil spills and to ensure that those operations will be carried out as intended. -(5) To reimburse the State Board of Equalization for its reasonable costs incurred to implement this chapter and to carry out Part 24 (commencing with Section 46001) of Division 2 of the Revenue and Taxation Code. -(6) To fund the Oiled Wildlife Care Network pursuant to Section 8670.40.5. -(f) The moneys deposited in the fund shall not be used for responding to a spill. -(g) The moneys deposited in the fund shall not be used to provide a loan to any other fund. -(h) The amendments to this section enacted in Section 37 of Chapter 35 of the Statutes of 2014 shall become operative September 18, 2014. -SEC. 2. -Section 46008 is added to the Revenue and Taxation Code, to read: -46008. -“Barrel” means 42 gallons of crude oil or petroleum products. -SEC. 3. -Section 46018 of the Revenue and Taxation Code is repealed. -SEC. 4. -Section 46101 of the Revenue and Taxation Code is amended to read: -46101. -(a) Every person who operates a refinery in this state, a marine terminal in waters of the state, or operates a pipeline to transport crude oil out of the state or petroleum products into the state shall register with the board for the purposes of Section 8670.48 of the Government Code. -(b) Every person who operates a refinery in this state or a marine terminal in waters of the state shall register with the board for the purposes of Section 8670.40 of the Government Code. -SEC. 5. -It is the intent of the Legislature that the State Board of Equalization collect the oil spill prevention and administration fee imposed on crude oil or petroleum products pursuant to Section 8670.40 of the Government Code only upon first delivery to a refinery or marine terminal, as described in subdivision (b) of Section 8670.40 of the Government Code, and not upon subsequent movement of that same crude oil or petroleum products derived after that first delivery.","(1) The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness, and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. -The act imposes an oil spill prevention and administration fee in an amount determined by the administrator to be sufficient to implement oil spill prevention activities, but not to exceed $0.065 per barrel of crude oil or petroleum products, and to be remitted to the State Board of Equalization. The act requires the oil spill prevention and administration fee to be imposed upon a person owning crude oil or petroleum products at the time that the crude oil or petroleum products are received at a marine terminal or refinery by specified modes of delivery from within or outside the state, as specified. The act prohibits the fee from being collected by a marine terminal operator or refinery operator or imposed on the owner of crude oil or petroleum products if the fee has been previously collected or paid on the crude oil or petroleum products at another marine terminal or refinery and, in that case, requires a marine terminal operator, refinery operator, or owner of crude oil or petroleum products to demonstrate that the fee has already been paid. -This bill instead would authorize a marine terminal operator or a refinery operator receiving petroleum products derived from crude oil refined in the state to presume the fee has been previously collected. The bill would also no longer require the owner of the crude oil or petroleum products to remit the fee to the board. The bill would make conforming changes. -This bill would state the intent of the Legislature that the board collect the oil spill prevention and administration fee only upon first delivery to a refinery or marine terminal and not upon the subsequent movement of that same crude oil or petroleum products following that first delivery. -(2) Existing law requires every person who operates a refinery in this state, a marine terminal in waters of the state, or a pipeline to transport crude oil or petroleum products out of the state to register with the board. Existing law defines, for the purposes of the board’s administration of those provisions, certain terms, including, among others, oil. -This bill instead would require every person who operates a refinery in this state, a marine terminal in waters of the state, or a pipeline to transport crude oil out of the state or petroleum products into the state to register with the board for the purposes of the oil spill prevention and administration fee and the uniform oil spill response fee, as applicable. The bill would delete the definition of oil, and would define barrel to mean 42 gallons of crude oil or petroleum products for these purposes.","An act to amend Section 8670.40 of the Government Code, and to amend Section 46101 of, to add Section 46008 to, and to repeal Section 46018 of, the Revenue and Taxation Code, relating to oil spills." -632,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 22584 of the Business and Professions Code is amended to read: -22584. -(a) For the purposes of this section, “operator” means the operator of an Internet Web site, online service, online application, or mobile application -that, -pursuant to a contract or agreement with a school or district, establishes -with actual knowledge that -the site, service, or application -that -is used primarily for K–12 school purposes and was designed and marketed -primarily -for K–12 school purposes. -(b) An operator shall not knowingly engage in any of the following activities with respect to their site, service, or application: -(1) (A) Engage in targeted advertising on the operator’s site, service, or application, or (B) target advertising on any other site, service, or application when the targeting of the advertising is based upon any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator’s site, service, or application described in subdivision (a). -(2) Use information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application, to amass a profile about a K–12 student except in furtherance of K–12 school purposes. -(3) Sell a student’s information, including covered information. This prohibition does not apply to the purchase, merger, or other type of acquisition of an operator by another entity, provided that the operator or successor entity continues to be subject to the provisions of this section with respect to previously acquired student information. -(4) Disclose covered information unless the disclosure is made: -(A) In furtherance of the K–12 purpose of the site, service, or application, provided the recipient of the covered information disclosed pursuant to this subparagraph: -(i) Shall not further disclose the information unless done to allow or improve operability and functionality within that student’s classroom or school; and -(ii) Is legally required to comply with subdivision (d); -(B) To ensure legal and regulatory compliance; -(C) To respond to or participate in judicial process; -(D) To protect the safety of users or others or security of the site; or -(E) To a service provider, provided the operator contractually (i) prohibits the service provider from using any covered information for any purpose other than providing the contracted service to, or on behalf of, the operator, (ii) prohibits the service provider from disclosing any covered information provided by the operator with subsequent third parties, and (iii) requires the service provider to implement and maintain reasonable security procedures and practices as provided in subdivision (d). -(c) Nothing in subdivision (b) shall be construed to prohibit the operator’s use of information for maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application. -(d) An operator shall: -(1) Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and protect that information from unauthorized access, destruction, use, modification, or disclosure. -(2) Delete a student’s covered information if the school or district requests deletion of data under the control of the school or district. -(e) Notwithstanding paragraph (4) of subdivision (b), an operator may disclose covered information of a student, as long as paragraphs (1) to (3), inclusive, of subdivision (b) are not violated, under the following circumstances: -(1) If other provisions of federal or state law require the operator to disclose the information, and the operator complies with the requirements of federal and state law in protecting and disclosing that information. -(2) For legitimate research purposes: (A) as required by state or federal law and subject to the restrictions under applicable state and federal law or (B) as allowed by state or federal law and under the direction of a school, school district, or state department of education, if no covered information is used for any purpose in furtherance of advertising or to amass a profile on the student for purposes other than K–12 school purposes. -(3) To a state or local educational agency, including schools and school districts, for K–12 school purposes, as permitted by state or federal law. -(f) Nothing in this section prohibits an operator from using deidentified student covered information as follows: -(1) Within the operator’s site, service, or application or other sites, services, or applications owned by the operator to improve educational products. -(2) To demonstrate the effectiveness of the operator’s products or services, including in their marketing. -(g) Nothing in this section prohibits an operator from sharing aggregated deidentified student covered information for the development and improvement of educational sites, services, or applications. -(h) “Online service” includes cloud computing services, which must comply with this section if they otherwise meet the definition of an operator. -(i) “Covered information” means personally identifiable information or materials, in any media or format that meets any of the following: -(1) Is created or provided by a student, or the student’s parent or legal guardian, to an operator in the course of the student’s, parent’s, or legal guardian’s use of the operator’s site, service, or application for K–12 school purposes. -(2) Is created or provided by an employee or agent of the K–12 school, school district, local education agency, or county office of education, to an operator for K–12 school purposes. -(3) Is gathered by an operator through the operation of a site, service, or application described in subdivision (a) and is descriptive of a student or otherwise identifies a student, including, but not limited to, information in the student’s educational record or email, first and last name, home address, telephone number, email address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, or geolocation information. -(j) “K–12 school purposes” means purposes that customarily take place at the direction of the K–12 school, teacher, or school district or aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents, or are for the use and benefit of the school. -“K-12 school purposes” do not include communications to and from parents or students 14 years of age or older regarding postsecondary or extracurricular educational, military, or career products or services, including, but not limited to, college readiness assessments and preparation for them, recruitment for and financing of the costs of those product and service opportunities, and educational assistance or enrichment opportunities. -(k) This section shall not be construed to limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction. -(l) This section does not limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes. -(m) This section does not apply to general audience Internet Web sites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator’s site, service, or application may be used to access those general audience sites, services, or applications. -(n) This section does not limit Internet service providers from providing Internet connectivity to schools or students and their families. -(o) This section shall not be construed to prohibit an operator of an Internet Web site, online service, online application, or mobile application from marketing educational products directly to parents so long as the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this section. -(p) This section does not impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance of this section on those applications or software. -(q) This section does not impose a duty upon a provider of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, to review or enforce compliance with this section by third-party content providers. -(r) This section does not impede the ability of students to download, export, or otherwise save or maintain their own student created data or documents.","Existing law, commencing on January 1, 2016, prohibits an operator from knowingly engaging in targeted advertising to students or their parents or legal guardians using covered information, as defined, amassing a profile of a K–12 student, selling a student’s information, or disclosing covered information, as provided. Existing law defines an “operator” as the operator of an Internet Web site, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K–12 school -purposes -purposes, as defined, -and was designed and marketed for K–12 school purposes. -Under existing law, “K-12 school purposes” means those purposes that customarily take place at the direction of the K–12 school, teacher, or school district or aid in the administration of school activities. -This bill would redefine an “operator” as the operator of an Internet Web site, online service, online application, or mobile application that, pursuant to a contract or agreement with a school or district, establishes the site, service, or application used primarily for K–12 school purposes and was designed and marketed primarily for K–12 school purposes. -This bill would specify that “K-12 school purposes” do not include communications to and from parents or students 14 years of age or older regarding postsecondary or extracurricular educational, military, or career products or services, as specified.","An act to amend Section 22584 of the Business and Professions Code, relating to privacy." -633,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) All pupils deserve and need safe and supportive school environments in which to learn. -(2) Despite much progress, California lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils often face verbal, physical, and online harassment, which has significant effects on their academic achievement. -(3) In the Gay Lesbian & Straight Education Network’s (GLSEN) 2013 National School Climate Survey, 91 percent of California LGBTQ pupils reported hearing anti-LGBTQ remarks, 7 in 10 reported being called names or threatened based on their sexual orientation, nearly one-third reported physical harassment or assault, and 46 percent reported cyberbullying. -(4) These problems have direct effects on pupils’ school performance. GLSEN survey data shows that the average grade point average for LGBTQ pupils who have experienced harassment is significantly lower than for LGBTQ pupils who have not, and that 30 percent of LGBTQ pupils report frequently skipping class or missing whole days of school because they felt unsafe at school. -(5) In spite of these problems, research has shown that LGBTQ pupils who are harassed or assaulted in school do not report these incidents to school staff, primarily because they believe school staff will not do anything about the problem. -(6) Creating supportive learning environments for LGBTQ pupils improves pupil performance. Pupils in schools with peer support clubs report less harassment and assault, are more likely to report incidents when they occur, and are less likely to miss school because of safety concerns. -(7) The federal Centers for Disease Control and Prevention (CDC) monitors and funds local efforts to provide professional development for educators on safe and supportive environments for LGBTQ pupils, foster schoolsite resources such as Gay Straight Alliance clubs and “safe spaces” for LGBTQ pupils, and promote referrals to school and community health professionals with experience providing support to LGBTQ pupils. -(8) CDC data shows that only 50 percent of California schools facilitate access to schoolsite and community health resources for LGBTQ pupils, and only 39 percent have peer support clubs. -(b) The Legislature therefore encourages school districts, county offices of education, and charter schools to provide information on existing schoolsite and community resources as required by subdivision (d) of Section 234.1 of the Education Code as part of a more comprehensive effort to educate school staff on the support of LGBTQ pupils. -SEC. 2. -Section 234.1 of the Education Code is amended to read: -234.1. -The department, pursuant to subdivision (b) of Section 64001, shall monitor adherence to the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter as part of its regular monitoring and review of local educational agencies, commonly known as the Categorical Program Monitoring process. The department shall assess whether local educational agencies have done all of the following: -(a) Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics set forth in Section 422.55 of the Penal Code and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy shall include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district. -(b) Adopted a process for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying based on any of the actual or perceived characteristics set forth in Section 422.55 of the Penal Code and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The complaint process shall include, but not be limited to, all of the following: -(1) A requirement that, if school personnel witness an act of discrimination, harassment, intimidation, or bullying, they shall take immediate steps to intervene when safe to do so. -(2) A timeline to investigate and resolve complaints of discrimination, harassment, intimidation, or bullying that shall be followed by all schools under the jurisdiction of the school district. -(3) An appeal process afforded to the complainant should he or she disagree with the resolution of a complaint filed pursuant to this section. -(4) All forms developed pursuant to this process shall be translated pursuant to Section 48985. -(c) Publicized antidiscrimination, antiharassment, anti-intimidation, and antibullying policies adopted pursuant to subdivision (a), including information about the manner in which to file a complaint, to pupils, parents, employees, agents of the governing board, and the general public. The information shall be translated pursuant to Section 48985. -(d) Provided, incident to the publicizing described in subdivision (c), to certificated schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, who are employed by the local educational agency, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils. Schoolsite resources may include, but are not limited to, peer support or affinity clubs and organizations, safe spaces for LGBTQ pupils, counseling services, staff who have received antibias or other training aimed at supporting these pupils or who serve as designated support to these pupils, health and other curriculum materials that are inclusive of, and relevant to, these pupils, online training developed pursuant to Section 32283.5, and other policies adopted pursuant to this article, including related complaint procedures. Community resources may include, but are not limited to, community-based organizations that provide support to LGBTQ pupils and their families, and physical and mental health providers with experience or training in treating or supporting these pupils. -(e) Posted the policy established pursuant to subdivision (a) in all schools and offices, including staff lounges and pupil government meeting rooms. -(f) Maintained documentation of complaints and their resolution for a minimum of one review cycle. -(g) Ensured that complainants are protected from retaliation and that the identity of a complainant alleging discrimination, harassment, intimidation, or bullying remains confidential, as appropriate. -(h) Identified a responsible local educational agency officer for ensuring school district or county office of education compliance with the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter.","Existing law establishes the system of public elementary and secondary schools in this state, and provides for the establishment of local educational agencies to operate these schools and provide instruction to pupils. Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state. Existing law, the Safe Place to Learn Act, requires the State Department of Education, as part of its regular monitoring and review of a local educational agency, to assess whether the local educational agency has, among other things, adopted a policy that prohibits discrimination, harassment, intimidation, and bullying, as specified, and has publicized that policy to pupils, parents, employees, agents of the governing board, and the general public. -This bill would require the department to also assess whether the local educational agency has provided to certificated schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning pupils, as specified.","An act to amend Section 234.1 of the Education Code, relating to safe schools." -634,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California relies on private nonprofit colleges and universities accredited by the Western Association of Schools and Colleges (WASC) to help meet the state’s higher education needs. -(b) The maximum award for Cal Grant students attending WASC accredited private nonprofit colleges and universities has not increased since its maximum of $9,708 in 1999: -(1) It was cut by almost 15 percent for the 2004–05 and 2005–06 cohorts. -(2) It was cut by 5 percent for new and renewal students for the 2012–13 award year, and by an additional 1.5 percent in the 2013–14 award year. It is scheduled for an additional cut of 11.3 percent in the 2015–16 award year for new awardees. -(3) If the 2000 Cal Grant maximum award had kept up with the rate of inflation, the 2014 award level would be $13,346. -(4) The proposed maximum award for the 2015–16 award year will be the lowest amount California has invested in academically qualified, low-income students that attend private nonprofit WASC accredited institutions since the 1997–98 academic year. -(c) The Cal Grant Program effectively and successfully helps California’s private nonprofit colleges and universities to recruit, retain, and graduate historically underrepresented students from low-income California families. -(d) Predictable and stable funding formulas and eligibility requirements ensure that the state maximizes its investment by allowing families to better plan and pay for higher education, in addition to incentivizing private nonprofit colleges and universities to enroll more low-income Californians. -(e) Legislative action is needed to adopt a reasonable and viable formula that supports predictability and parity for California students at private nonprofit colleges. -SEC. 2. -Section 66021.2 of the Education Code is amended to read: -66021.2. -Consistent with the state’s historic commitment to provide educational opportunity by ensuring both student access to and selection of an institution of higher education for students with financial need, the long-term policy of the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 shall be as follows: -(a) Commencing with the 2001–02 academic year and every year thereafter, an applicant for a Cal Grant A or B award shall receive an award that is not in excess of the financial need amount determined by the Student Aid Commission pursuant to Section 69432.9 if he or she complies with all of the following requirements: -(1) Demonstrates financial need under the criteria adopted pursuant to Section 69432.9. -(2) Attains a grade point average, as defined in Section 69432.7, meeting the requirements of Chapter 1.7 (commencing with Section 69430) of Part 42. -(3) Complies with each of the eligibility criteria applicable to the type of Cal Grant award for which he or she is applying. -(b) (1) The maximum Cal Grant A award for a student attending the University of California or the California State University shall equal the mandatory systemwide fees in each of those segments. -(2) The maximum Cal Grant B award for a student to which this subdivision is applicable shall equal the mandatory systemwide fees in the segment attended by the student, except for community college students who receive waivers from the Board of Governors of the California Community Colleges, plus the access award calculated as specified in Article 3 (commencing with Section 69435) of Chapter 1.7 of Part 42, except that in the first year of enrollment in a qualifying institution, the maximum award shall be only for the amount of the access award. -(c) The maximum Cal Grant awards for students attending nonpublic institutions shall be as follows: -(1) The maximum Cal Grant A award shall equal the tuition award level established in the Budget Act of 2000, or the amount as adjusted in subsequent annual budget acts. -(2) The maximum Cal Grant B award shall equal the amount of the tuition award as established in the Budget Act of 2000, or the amount as adjusted in subsequent annual budget acts, plus the amount of the access costs specified in Section 69435, except that, in the first year of enrollment in a qualifying institution, the maximum award shall be only for the amount of the access award. -(3) Notwithstanding paragraphs (1) and (2), and notwithstanding Section 69432: -(A) The maximum Cal Grant award for a student attending a private nonprofit postsecondary educational institution shall be set and maintained at 75 percent of the base funding per Cal Grant student at the University of California and the California State University, as determined by the average General Fund support per student at the California State University and the University of California, plus the maximum Cal Grant award at those segments each multiplied by the percentage of California resident full-time equivalent students at both segments who attend the respective segment, except as provided in clauses (i) to (iv), inclusive. -(i) For the 2015–16 award year, the maximum award shall be nine thousand eighty-four dollars ($9,084). -(ii) For the 2016–17 award year, the maximum award shall be 70 percent of the amount calculated pursuant to subparagraph (A). -(iii) For the 2017–18 award year, the maximum award shall be 80 percent of the amount calculated pursuant to subparagraph (A). -(iv) For the 2018–19 award year, the maximum award shall be 90 percent of the amount calculated pursuant to subparagraph (A). -(v) For the 2019–20 award year and each year thereafter, the maximum award shall be 100 percent of the amount calculated pursuant to subparagraph (A). -(B) As a condition for the funding of Cal Grant maximum awards to its students pursuant to subparagraph (A), a private nonprofit postsecondary educational institution shall submit performance metrics to the Association of Independent California Colleges and Universities. The association, in collaboration with the public segments of higher education, shall determine the form and content of these metrics, to ensure data are defined, collected, and reported in a consistent and comparable manner, and to ensure data integrity. The association shall provide that information in a cumulative report generated by the association to the Legislature, the Governor, the Department of Finance, and the Legislative Analyst’s Office on or before March 15, 2016, and on or before March 15 of each year thereafter. The report shall be submitted to the Legislature in compliance with Section 9795 of the Government Code, and shall include all of the following data with respect to each participating private nonprofit postsecondary educational institution: -(i) The number of undergraduate students enrolled in that institution. -(ii) The percentage of undergraduate students of that institution who are California residents. -(iii) The number of graduate students enrolled in that institution. -(iv) The number of transfer students from the California Community Colleges enrolled in that institution. -(v) The percentage of undergraduate students of that institution who are transfer students from the California Community Colleges. -(vi) The number of Pell Grant recipients enrolled in that institution. -(vii) The percentage of undergraduate students of that institution who are Pell Grant recipients. -(viii) The number of Cal Grant recipients enrolled in that institution. With respect to those Cal Grant recipients: -(I) Their ethnic composition, expressed in percentages. -(II) The median amount of institutional aid provided to them. -(ix) The percentage of undergraduate students of that institution who are Cal Grant recipients. -(x) The four- and six-year graduation rates for freshman entrants of that institution: -(I) Disaggregated by Pell Grant recipients. -(II) Disaggregated by Cal Grant recipients. -(xi) The two- and three-year graduation rates for transfer students from the California Community Colleges: -(I) Disaggregated by Pell Grant recipients. -(II) Disaggregated by Cal Grant recipients. -(xii) The number of degrees awarded annually by the institution in total and in each of the following categories: -(I) Undergraduate students who first enrolled in the institution as freshmen. -(II) Undergraduate students who first enrolled in the institution as transfer students. -(III) Graduate students. -(IV) Pell Grant recipients. -(V) The number of degrees or credentials awarded in health-related fields, teacher preparation, and the fields of science, technology, engineering, and mathematics (STEM). -(C) The collection, reporting, and housing of data for the report prepared pursuant to subparagraph (B) shall be conducted both in a manner that ensures data integrity and security and that is in conformance with any federal and state laws on the confidentiality of student information. -(d) Commencing with the 2000–01 academic year, and each academic year thereafter, the Cal Grant C award shall be utilized only for occupational or technical training. -(e) Commencing with the 2000–01 academic year, and each academic year thereafter, the Cal Grant T award shall be used only for one academic year of full-time attendance in a program of professional preparation that has been approved by the California Commission on Teacher Credentialing. -(f) An institution of higher education in this state that participates in the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program shall not reduce its level of per capita need-based institutional financial aid to undergraduate students, excluding loans, below the total level awarded in the 2000–01 academic year. -(g) The implementation of the policy set forth in this section shall maintain a balance between the state’s policy goals of ensuring student access to and selection of an institution of higher education for students with financial need and academic merit. -(h) It is the policy of the State of California that the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program supplement the federal Pell Grant program. -(i) An award under the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program shall not guarantee admission to an institution of higher education or admission to a specific campus or program. -SEC. 3. -Section 69432 of the Education Code is amended to read: -69432. -(a) Cal Grant Program awards shall be known as “Cal Grant A Entitlement Awards,” “Cal Grant B Entitlement Awards,” “California Community College Transfer Entitlement Awards,” “Competitive Cal Grant A and B Awards,” “Cal Grant C Awards,” and “Cal Grant T Awards.” -(b) Maximum award amounts for students at independent institutions and for Cal Grant C and T awards shall be identified in the annual Budget Act. Maximum award amounts for Cal Grant A and B awards for students attending public institutions shall be referenced in the annual Budget Act. -(c) (1) Notwithstanding subdivision (b), -and subdivision (c) of Section 66021.2, -commencing with the 2013–14 award year, the maximum tuition award amounts for Cal Grant A and B awards for students attending private for-profit and nonprofit postsecondary educational institutions shall be as follows: -(A) Four thousand dollars ($4,000) for new recipients attending private for-profit postsecondary educational institutions. -(B) For the 2014–15 award year, nine thousand eighty-four dollars ($9,084) for new recipients attending private nonprofit postsecondary educational institutions. For the 2015–16 award year and each award year thereafter, -eight thousand fifty-six dollars ($8,056) for new recipients attending private nonprofit postsecondary educational institutions. -the amount determined pursuant to paragraph (3) of subdivision (c) of Section 66021.2. -(2) The renewal award amount for a student whose initial award is subject to a maximum award amount specified in this subdivision shall be calculated pursuant to paragraph (2) of subdivision (a) of Section 69433. -(3) Notwithstanding subparagraph (A) of paragraph (1), -commencing with the 2015–16 award year, the maximum tuition award amount for -new recipients attending private for-profit postsecondary educational institutions that are accredited by the Western Association of Schools and Colleges as of July 1, 2012, shall -have the same maximum tuition award amounts as are set forth in subparagraph (B) of paragraph (1). -be eight thousand fifty-six dollars ($8,056). -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to set the amounts of Cal Grant awards for students who are attending private nonprofit postsecondary educational institutions before the commencement of the 2015–16 award year, it is necessary that this act take effect immediately.","Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Cal Grant Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. Existing law specifies the amounts of the maximum Cal Grant A and B awards for students attending private nonprofit postsecondary educational institutions and private for-profit postsecondary educational institutions that are regionally accredited, as specified. -This bill would change, in accordance with a prescribed formula, the maximum Cal Grant awards for students attending private nonprofit postsecondary educational institutions, commencing with the 2015–16 award year. The bill would impose requirements on private nonprofit postsecondary educational institutions to provide specified data to a specified association as a condition for the funding of Cal Grant maximum awards to their students, and would require the association to report on that information to the Legislature, the Governor, the Department of Finance, and the Legislative Analyst’s Office. -The bill would also make conforming changes. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 66021.2 and 69432 of the Education Code, relating to student financial aid, and declaring the urgency thereof, to take effect immediately." -635,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature to build a stable, comprehensive, and adequately funded high-quality early learning and educational support system for children from birth to five years of age, inclusive, with alignment and integration into the K–12 education system by strategically using state and federal funds, and engaging all early care and education stakeholders, including K–12 education stakeholders, in an effort to provide access to affordable, high-quality services supported by adequate rates, integrated data systems, and a strong infrastructure that supports children and the educators that serve them. -SEC. 2. -Article 15.3 (commencing with Section 8340) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: -Article 15.3. Individualized County of Alameda Child Care Subsidy Plan -8340. -The County of Alameda may, as a pilot project, develop and implement an individualized county child care subsidy plan. The plan shall ensure that child care subsidies received by the County of Alameda are used to address local needs, conditions, and priorities of working families in the community. -8340.1. -For purposes of this article, “county” means the County of Alameda. -8340.2. -(a) For purposes of this article, “plan” means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 8340, which includes all of the following: -(1) An assessment to identify the county’s goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the county’s child care goals coincide with the state’s requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the state’s child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following: -(A) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition. -(B) The current supply of available subsidized child care. -(C) The level of need for various types of subsidized child care services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs. -(D) The county’s self-sufficiency income level. -(E) Income eligibility levels for subsidized child care. -(F) Family fees. -(G) The cost of providing child care. -(H) The regional market rates, as established by the department, for different types of child care. -(I) The standard reimbursement rate or state per diem for centers operating under contracts with the department. -(J) Trends in the county’s unemployment rate and housing affordability index. -(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the county’s achievement of its desired outcomes for subsidized child care. -(B) The local policy shall do all of the following: -(i) Prioritize lowest income families first. -(ii) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1. -(iii) Meet local goals that are consistent with the state’s child care goals. -(iv) Identify existing policies that would be affected by the county’s plan. -(v) (I) Authorize an agency that provides child care and development services in the county through a contract with the department and either provides direct services or contracts with licensed providers or centers to apply to the department to amend existing contracts in order to benefit from the local policy. -(II) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8340.3. -(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable. -(C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors: -(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, inclusion of former and current CalWORKs participants, and special needs considerations, except that the local policy shall not deny or reduce eligibility of a family that qualifies for child care pursuant to Section 8353. Under the local policy, a family that qualifies for child care pursuant to Section 8354 shall be treated for purposes of eligibility and fees in the same manner as a family that qualifies for subsidized child care on another basis pursuant to the local policy. -(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1. -(iii) Reimbursement rates. -(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies. -(3) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the county and contractors that contract with licensed providers and centers are eligible to be included in the county’s plan. -(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the county’s child care goals, and to overcome any barriers identified in the state’s child care subsidy system. -(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county. -8340.3. -(a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the County of Alameda shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the Early Education and Support Division of the department for review. -(b) Within 30 days of receiving the plan, the Early Education and Support Division shall review and either approve or disapprove the plan. -(c) Within 30 days of receiving a modification to the plan, the Early Education and Support Division shall review and either approve or disapprove that modification to the plan. -(d) The Early Education and Support Division may disapprove only those portions of modifications to the plan that are not in conformance with this article or that are in conflict with federal law. -8340.4. -The county shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8340.5, an increase in the aggregate days a child is enrolled in child care in the county as compared to the enrollment in the final quarter of the 2014–2015 fiscal year. -8340.5. -(a) The county shall annually prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the county’s plan, and the county’s ability to maximize the use of funds and to improve and stabilize child care in the county. -(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. -8340.6. -A participating contractor shall receive an increase or decrease in funding that the contractor would have received if the contractor had not participated in the plan. -8340.7. -This article shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 3. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the County of Alameda. Existing law does not reflect the fiscal reality of living in the County of Alameda, a high-cost county where the cost of living is well beyond the state median level, resulting in reduced access to quality child care. In recognition of the unintended consequences of living in a high-cost county, this act is necessary to provide children and families in the County of Alameda proper access to child care through an individualized county child care subsidy plan.","The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality child care programs. Existing law authorizes the County of San Mateo, as a pilot project, to develop an individualized county child care subsidy plan, as provided. -This bill would authorize, until January 1, 2021, the County of Alameda to develop an individualized county child care subsidy plan, as specified. The bill would require the plan to be submitted to the local planning council and the Alameda County Board of Supervisors for approval, as specified. The bill would require the Early Education and Support Division of the State Department of Education to review and approve or disapprove the plan and any subsequent modifications to the plan. The bill would require the County of Alameda to annually prepare and submit to the Legislature, the State Department of Social Services, and the State Department of Education a report that contains specified information relating to the success of the county’s plan. -This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Alameda.","An act to add and repeal Article 15.3 (commencing with Section 8340) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, relating to child care and development services." -636,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 89002 is added to the Government Code, to read: -89002. -(a) For purposes of this section, the following terms have the following meanings: -(1) “Public advertisement” means an advertisement, including a broadcast, billboard, or newspaper advertisement, that is paid for from the funds of a state or local public entity. -(2) “Featuring a candidate” means containing the voice or image of, or a statement attributable to, a candidate. -(b) A person or entity shall not disseminate, broadcast, or otherwise publish a public advertisement featuring a candidate for elective office within 90 days before the date of the election at which the candidate will appear on the ballot. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 3. -The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. -SECTION 1. -Section 82015 of the -Government Code -is amended to read: -82015. -(a)“Contribution” means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes. -(b)(1)A payment made at the behest of a committee, as defined in subdivision (a) of Section 82013, is a contribution to the committee unless full and adequate consideration is received from the committee for making the payment. -(2)A payment made at the behest of a candidate is a contribution to that candidate, unless the criteria in either subparagraph (A) or (B) are satisfied: -(A)Full and adequate consideration is received from the candidate. -(B)It is clear from the surrounding circumstances that the payment was made for purposes unrelated to his or her candidacy for elective office. The following types of payments are presumed to be for purposes unrelated to a candidate’s candidacy for elective office: -(i)A payment made principally for personal purposes, in which case it may be considered a gift under the provisions of Section 82028. Payments that are otherwise subject to the limits of Section 86203 are presumed to be principally for personal purposes. -(ii)A payment made by a state, local, or federal governmental agency or by a nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. -(iii)A payment not covered by clause (i), made principally for legislative, governmental, or charitable purposes, in which case it is neither a gift nor a contribution. However, payments of this type that are made at the behest of a candidate who is an elected officer shall be reported within 30 days following the date on which the payment or payments equal or exceed five thousand dollars ($5,000) in the aggregate from the same source in the same calendar year in which they are made. The report shall be filed by the elected officer with the elected officer’s agency and shall be a public record subject to inspection and copying pursuant to subdivision (a) of Section 81008. The report shall contain the following information: name of payor, address of payor, amount of the payment, date or dates the payment or payments were made, the name and address of the payee, a brief description of the goods or services provided or purchased, if any, and a description of the specific purpose or event for which the payment or payments were made. Once the five-thousand-dollar ($5,000) aggregate threshold from a single source has been reached for a calendar year, all payments for the calendar year made by that source shall be disclosed within 30 days after the date the threshold was reached or the payment was made, whichever occurs later. Within 30 days after receipt of the report, state agencies shall forward a copy of these reports to the Commission, and local agencies shall forward a copy of these reports to the officer with whom elected officers of that agency file their campaign statements. -(C)For purposes of subparagraph (B), a payment is made for purposes related to a candidate’s candidacy for elective office if all or a portion of the payment is used for election-related activities. For purposes of this subparagraph, “election-related activities” shall include, but are not limited to, the following: -(i)Communications that contain express advocacy of the nomination or election of the candidate or the defeat of his or her opponent. -(ii)Communications that contain reference to the candidate’s candidacy for elective office, the candidate’s election campaign, or the candidate’s or his or her opponent’s qualifications for elective office. -(iii)Solicitation of contributions to the candidate or to third persons for use in support of the candidate or in opposition to his or her opponent. -(iv)Arranging, coordinating, developing, writing, distributing, preparing, or planning of any communication or activity described in clause (i), (ii), or (iii). -(v)Recruiting or coordinating campaign activities of campaign volunteers on behalf of the candidate. -(vi)Preparing campaign budgets. -(vii)Preparing campaign finance disclosure statements. -(viii)Communications directed to voters or potential voters as part of activities encouraging or assisting persons to vote if the communication contains express advocacy of the nomination or election of the candidate or the defeat of his or her opponent. -(D)A contribution made at the behest of a candidate for a different candidate or to a committee not controlled by the behesting candidate is not a contribution to the behesting candidate. -(3)A payment made at the behest of a member of the Public Utilities Commission, made principally for legislative, governmental, or charitable purposes, is not a contribution. However, payments of this type shall be reported within 30 days following the date on which the payment or payments equal or exceed five thousand dollars ($5,000) in the aggregate from the same source in the same calendar year in which they are made. The report shall be filed by the member with the Public Utilities Commission and shall be a public record subject to inspection and copying pursuant to subdivision (a) of Section 81008. The report shall contain the following information: name of payor, address of payor, amount of the payment, date or dates the payment or payments were made, the name and address of the payee, a brief description of the goods or services provided or purchased, if any, and a description of the specific purpose or event for which the payment or payments were made. Once the five-thousand-dollar ($5,000) aggregate threshold from a single source has been reached for a calendar year, all payments for the calendar year made by that source shall be disclosed within 30 days after the date the threshold was reached or the payment was made, whichever occurs later. Within 30 days after receipt of the report, the Public Utilities Commission shall forward a copy of these reports to the Fair Political Practices Commission. -(c)“Contribution” includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events; the candidate’s own money or property used on behalf of his or her candidacy, other than personal funds of the candidate used to pay either a filing fee for a declaration of candidacy or a candidate statement prepared pursuant to Section 13307 of the Elections Code; the granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; the payment of compensation by any person for the personal services or expenses of any other person if the services are rendered or expenses incurred on behalf of a candidate or committee without payment of full and adequate consideration. -(d)“Contribution” further includes any transfer of anything of value received by a committee from another committee, unless full and adequate consideration is received. -(e)“Contribution” does not include amounts received pursuant to an enforceable promise to the extent those amounts have been previously reported as a contribution. However, the fact that those amounts have been received shall be indicated in the appropriate campaign statement. -(f)(1)Except as provided in paragraph (2) or (3), “contribution” does not include a payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupant’s home or office if the costs for the meeting or fundraising event are five hundred dollars ($500) or less. -(2)“Contribution” includes a payment made by a lobbyist or a cohabitant of a lobbyist for costs related to a fundraising event held at the home of the lobbyist, including the value of the use of the home as a fundraising event venue. A payment described in this paragraph shall be attributable to the lobbyist for purposes of Section 85702. -(3)“Contribution” includes a payment made by a lobbying firm for costs related to a fundraising event held at the office of the lobbying firm, including the value of the use of the office as a fundraising event venue. -(g)Notwithstanding the foregoing definition of “contribution,” the term does not include volunteer personal services or payments made by any individual for his or her own travel expenses if the payments are made voluntarily without any understanding or agreement that they shall be, directly or indirectly, repaid to him or her. -(h)“Contribution” further includes the payment of public moneys by a state or local governmental agency for a communication to the public that satisfies both of the following: -(1)The communication expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage, or defeat of a clearly identified measure, or, taken as a whole and in context, unambiguously urges a particular result in an election. -(2)The communication is made at the behest of the affected candidate or committee. -(i)“Contribution” further includes a payment made by a person to a multipurpose organization as defined and described in Section 84222.","Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign conduct, including requiring certain disclosures in advertisements made for campaign purposes. Existing law also prohibits an incumbent from sending a newsletter or other mass mailing at public expense. -This bill would define a “public advertisement” as an advertisement that is paid for from the funds of a state or local public entity. This bill would prohibit a person or entity from disseminating, broadcasting, or otherwise publishing a public advertisement, as defined, within 90 days of an election if the advertisement features, as defined, a candidate who will appear on the ballot at that election. -Existing law makes a willful violation of the Political Reform Act of 1974 a misdemeanor and subject offenders to criminal penalties. -The bill would impose a state-mandated local program by creating additional crimes. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a -2/3 -vote of each house and compliance with specified procedural requirements. -This bill would declare that it furthers the purposes of the act. -Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. The act provides that a payment made at the behest of a candidate is a contribution to that candidate, unless full and adequate consideration is received from the candidate or it is clear from the surrounding circumstances that the payment was made for purposes unrelated to his or her candidacy for elective office. -This bill would make a nonsubstantive change to that payment provision.","An act to -amend Section 82015 of -add Section 89002 to -the Government Code, relating to the Political Reform Act of 1974." -637,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 803 of the Penal Code is amended to read: -803. -(a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. -(b) No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter. -(c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses: -(1) Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93. -(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10. -(3) A violation of Section 25540, of any type, or Section 25541 of the Corporations Code. -(4) A violation of Section 1090 or 27443 of the Government Code. -(5) Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code. -(6) Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code. -(7) A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code. -(8) A violation of Section 22430 of the Business and Professions Code. -(9) A violation of Section 103800 of the Health and Safety Code. -(10) A violation of Section 529a. -(11) A violation of subdivision (d) or (e) of Section 368. -(d) If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations. -(e) A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code. -(f) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under 18 years of age, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object. -(2) This subdivision applies only if all of the following occur: -(A) The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired. -(B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual. -(C) There is independent evidence that corroborates the victim’s allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim’s allegation. -(3) No evidence may be used to corroborate the victim’s allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals. -(4) (A) In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation. -(B) Nothing in this subdivision affects the definition or applicability of any evidentiary privilege. -(C) This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith. -(g) (1) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met: -(A) The crime is one that is described in subdivision (c) of Section 290. -(B) The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense. -(2) For purposes of this section, “DNA” means deoxyribonucleic acid. -(h) For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product. -(i) Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647. -(j) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense. -(k) Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense. -(l) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code.","Existing law defines the crime of vehicular manslaughter as the unlawful killing of a human being without malice while driving a vehicle under specified circumstances, including the commission of an unlawful act, not amounting to a felony, with or without gross negligence. Existing law provides that vehicular manslaughter is punishable as a misdemeanor or felony. -Existing law provides various time limits within which crimes may be prosecuted, except as specified. Existing law authorizes, if a person flees the scene of an accident that caused death or permanent, serious injury, a criminal complaint brought pursuant to specified provisions to be filed within one or 3 years after the completion of the offense, as specified, or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than 6 years after the commission of the offense. -This bill would additionally authorize, if a person flees the scene of an accident, a criminal complaint brought for a violation of specified vehicular manslaughter crimes to be filed either one or 3 years after the commission of the offense, as specified, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than 6 years after the commission of the offense.","An act to amend Section 803 of the Penal Code, relating to vehicular manslaughter." -638,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1505 of the Health and Safety Code is amended to read: -1505. -This chapter does not apply to any of the following: -(a) Any health facility, as defined by Section 1250. -(b) Any clinic, as defined by Section 1202. -(c) Any juvenile placement facility approved by the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or any juvenile hall operated by a county. -(d) Any place in which a juvenile is judicially placed pursuant to subdivision (a) of Section 727 of the Welfare and Institutions Code. -(e) Any child day care facility, as defined in Section 1596.750. -(f) Any facility conducted by and for the adherents of any well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend upon prayer or spiritual means for healing in the practice of the religion of the church or denomination. -(g) Any school dormitory or similar facility determined by the department. -(h) Any house, institution, hotel, homeless shelter, or other similar place that supplies board and room only, or room only, or board only, provided that no resident thereof requires any element of care as determined by the director. -(i) Recovery houses or other similar facilities providing group living arrangements for persons recovering from alcoholism or drug addiction where the facility provides no care or supervision -, except if the facility is subject to the provisions set forth in Section 1534.3 -. -(j) Any alcoholism or drug abuse recovery or treatment facility as defined by Section 11834.11. -(k) Any arrangement for the receiving and care of persons by a relative or any arrangement for the receiving and care of persons from only one family by a close friend of the parent, guardian, or conservator, if the arrangement is not for financial profit and occurs only occasionally and irregularly, as defined by regulations of the department. For purposes of this chapter, arrangements for the receiving and care of persons by a relative shall include relatives of the child for the purpose of keeping sibling groups together. -(l) (1) Any home of a relative caregiver of children who are placed by a juvenile court, supervised by the county welfare or probation department, and the placement of whom is approved according to subdivision (d) of Section 309 of the Welfare and Institutions Code. -(2) Any home of a nonrelative extended family member, as described in Section 362.7 of the Welfare and Institutions Code, providing care to children who are placed by a juvenile court, supervised by the county welfare or probation department, and the placement of whom is approved according to subdivision (d) of Section 309 of the Welfare and Institutions Code. -(3) On and after January 1, 2012, any supervised independent living placement for nonminor dependents, as defined in subdivision (w) of Section 11400 of the Welfare and Institutions Code, who are placed by the juvenile court, supervised by the county welfare department, probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code, and whose placement is approved pursuant to subdivision (k) of Section 11400 of the Welfare and Institutions Code. -(4) A Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400 of the Welfare and Institutions Code, that serves only eligible former foster youth over 18 years of age who have exited from the foster care system on or after their 18th birthday, and that has obtained certification from the applicable county in accordance with subdivision (c) of Section 16522 of the Welfare and Institutions Code. -(m) Any supported living arrangement for individuals with developmental disabilities, as defined in Section 4689 of the Welfare and Institutions Code. -(n) (1) Any family home agency, family home, or family teaching home as defined in Section 4689.1 of the Welfare and Institutions Code, that is vendored by the State Department of Developmental Services and that does any of the following: -(A) As a family home approved by a family home agency, provides 24-hour care for one or two adults with developmental disabilities in the residence of the family home provider or providers and the family home provider or providers’ family, and the provider is not licensed by the State Department of Social Services or the State Department of Public Health or certified by a licensee of the State Department of Social Services or the State Department of Public Health. -(B) As a family teaching home approved by a family home agency, provides 24-hour care for a maximum of three adults with developmental disabilities in independent residences, whether contiguous or attached, and the provider is not licensed by the State Department of Social Services or the State Department of Public Health or certified by a licensee of the State Department of Social Services or the State Department of Public Health. -(C) As a family home agency, engages in recruiting, approving, and providing support to family homes. -(2) No part of this subdivision shall be construed as establishing by implication either a family home agency or family home licensing category. -(o) Any facility in which only Indian children who are eligible under the federal Indian Child Welfare Act (Chapter 21 (commencing with Section 1901) of Title 25 of the United States Code) are placed and that is one of the following: -(1) An extended family member of the Indian child, as defined in Section 1903 of Title 25 of the United States Code. -(2) A foster home that is licensed, approved, or specified by the Indian child’s tribe pursuant to Section 1915 of Title 25 of the United States Code. -(p) (1) (A) Any housing occupied by elderly or disabled persons, or both, that is initially approved and operated under a regulatory agreement pursuant to Section 202 of Public Law 86-372 (12 U.S.C. Sec. 1701q), or Section 811 of Public Law 101-625 (42 U.S.C. Sec. 8013), or whose mortgage is insured pursuant to Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or that receives mortgage assistance pursuant to Section 221d (3) of Public Law 87-70 (12 U.S.C. Sec. 1715l), where supportive services are made available to residents at their option, as long as the project owner or operator does not contract for or provide the supportive services. -(B) Any housing that qualifies for a low-income housing credit pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or that is subject to the requirements for rental dwellings for low-income families pursuant to Section 8 of Public Law 93-383 (42 U.S.C. Sec. 1437f), and that is occupied by elderly or disabled persons, or both, where supportive services are made available to residents at their option, as long as the project owner or operator does not contract for or provide the supportive services. -(2) The project owner or operator to which paragraph (1) applies may coordinate, or help residents gain access to, the supportive services, either directly, or through a service coordinator. -(q) A resource family, as defined in Section 16519.5 of the Welfare and Institutions Code -(r) Any similar facility determined by the director. -SEC. 2. -Section 1534.3 is added to the Health and Safety Code, to read: -1534.3. -(a) A recovery house that is owned or operated by a community care facility licensed pursuant to this chapter and that functions as an integral component of that community care facility shall be deemed a facility that provides treatment or services under the license of the community care facility and shall be subject to the inspection and enforcement provisions set forth in this chapter. -(b) For purposes of this section: -(1) “Community care facility” is any facility licensed pursuant to this chapter that provides recovery or treatment services for alcohol or drug abuse recovery. -(2) “Integral component” means the nature of the services provided by the community care facility to a recovery house, or the proximity of the recovery house to the community care facility, makes the recovery house an integral component of that community care facility in providing recovery or treatment services, such as outpatient treatment, support meetings, or drug testing. -(3) “Owned or operated” means (A) a recovery house is owned or operated by, or affiliated with, the same person, firm, partnership, association, corporation, or local government entity that owns or operates the community care facility, or (B) the community care facility contracts with a recovery house to provide services to residents of the recovery house. -(4) “Recovery house” means an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons that is otherwise not required to be licensed pursuant to this chapter. -(c) Subdivision (a) shall not apply when the overall combined number of persons served by a community care facility in a recovery house or recovery houses is equal to six persons or less. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities, as defined, by the State Department of Social Services. A violation of the act is a misdemeanor. Existing law exempts recovery houses providing group living arrangements for persons recovering from alcoholism or drug addiction from the act. -This bill would require a recovery house that is owned or operated, as defined, by a community care facility licensed pursuant to the act and that functions as an integral component of that community care facility to be deemed a facility that provides treatment or services under the license of the community care facility. The bill would subject a facility under that license to the inspection and enforcement provisions of the act. -Because this bill would extend the application of a crime under these provisions, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1505 of, and to add Section 1534.3 to, the Health and Safety Code, relating to recovery houses." -639,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature to ensure that there is a process that management and supervisors in a state health care facility are required to follow to avoid on-the-spot mandatory overtime of any nurse or certified nursing assistant (CNA) whose regularly scheduled work shift is complete, and to prevent circumstances where an employee is stopped at the gate of, for example, a Department of Corrections and Rehabilitation and California Correctional Health Care Services facility, and is instructed to return to work at the end of the employee’s regularly scheduled work shift. It is the intent of the Legislature to prohibit a state facility that employs nurses or CNAs from using mandatory overtime as a scheduling tool, or as an excuse for fulfilling an operational need that results from a management failure to properly staff those state facilities. -SEC. 2. -Section 19851.2 is added to the Government Code, to read: -19851.2. -(a) As used in this section: -(1) “Nurse” means all classifications of registered nurses represented by State Bargaining Unit 17, or the Licensed Vocational Nurse classifications represented by State Bargaining Unit 20. -(2) “CNA” means all Certified Nursing Assistant classifications represented by State Bargaining Unit 20. -(3) “Facility” means any facility that provides clinically related health services that is operated by the Division of Correctional Health Care Services of the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation, the State Department of State Hospitals, the Department of Veteran Affairs, or the State Department of Developmental Services in which a nurse or CNA works as an employee of the state. -(4) “Emergency situation” means any of the following: -(A) An unforeseeable declared national, state, or municipal emergency. -(B) A highly unusual or extraordinary event that is unpredictable or unavoidable and that substantially affects providing needed health care services or increases the need for health care services, which includes any of the following: -(i) An act of terrorism. -(ii) A natural disaster. -(iii) A widespread disease outbreak. -(iv) A warden-, superintendent-, or executive director-declared emergency, or severe emergency that necessitates the assistance of an outside agency. -(b) A facility shall not require a nurse or CNA to work in excess of a regularly scheduled workweek or work shift. A nurse or CNA may volunteer or agree to work hours in addition to his or her regularly scheduled workweek or work shift but the refusal by a nurse or CNA to accept those additional hours shall not constitute either of the following: -(1) Grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the nurse or CNA. -(2) Patient abandonment or neglect, except under circumstances provided for in the Nursing Practice Act (Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code). -(c) This section shall not apply in any of the following situations: -(1) To a nurse or CNA participating in a surgical procedure in which the nurse is actively engaged and whose continued presence through the completion of the procedure is needed to ensure the health and safety of the patient. -(2) If a catastrophic event occurs in a facility and both of the following factors apply: -(A) The catastrophic event results in such a large number of patients in need of immediate medical treatment that the facility is incapable of providing sufficient nurses or CNAs to attend to the patients without resorting to mandatory overtime. -(B) The catastrophic event is an unanticipated and nonrecurring event. -(3) If an emergency situation occurs. -(d) Nothing in this section shall be construed to affect the Nursing Practice Act (Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code), the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code), or a registered nurse’s duty under the standards of competent performance. -(e) Nothing in this section shall be construed to preclude a facility from hiring part-time or intermittent employees. -(f) Nothing in this section shall prevent a facility from providing employees with more protections against mandatory overtime than the minimum protections established pursuant to this section. -(g) This section shall become operative on January 1, 2019. -SEC. 3. -Section 19851.3 is added to the Government Code, to read: -19851.3. -(a) Each facility, as defined in paragraph (3) of subdivision (a) of Section 19851.2, shall establish a joint labor management task force to make recommendations and develop a plan to reduce or eliminate mandatory overtime. A joint labor management task force shall be composed of eight members, which shall consist of four representatives for the facility and four labor union representatives. The joint labor management task force shall meet quarterly to develop recommendations. -(b) The recommendations shall include the following: -(1) Patient and staff needs by tracking trends in patient acuity, overtime use, and overall staffing procedures. -(2) Training, for applicable employees, on core staffing principles, best practices, the appropriate use of overtime, and ways to avoid mandatory overtime. -(3) Assessment and staffing best practices, a contingency staffing system, avenues for staff engagement in the scheduling process, and creative scheduling solutions. -(c) (1) On or before November 1, 2018, the task force shall prepare and submit to the Legislature a report on its recommendations, including the following information: -(A) The number of voluntary and mandatory overtime hours at each facility for registered nurses, licensed vocational nurses, and certified nursing assistants. Each facility shall submit the total number of voluntary and mandatory overtime hours worked. -(B) The number of complaints investigated and complaints that resulted in a civil action or criminal prosecution. -(C) Recommendations for modifying, eliminating, or continuing the task force’s activities. -(D) Recommendations for statutory or regulatory changes, or both, needed to better allow for enforcement. -(2) The report required by this subdivision shall be submitted to the Legislature pursuant to Section 9795 of the Government Code. -(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed.","The State Civil Service Act generally requires the workweek of state employees to be 40 hours, and the workday of state employees to be 8 hours. Under the act, it is the policy of the state to avoid the necessity for overtime work whenever possible. -This bill, commencing January 1, 2019, would prohibit a nurse or Certified Nursing Assistant (CNA), as defined, employed by the State of California in a specified type of facility from being compelled to work in excess of the regularly scheduled workweek or work shift, except under certain circumstances. The bill would authorize a nurse or CNA to volunteer or agree to work hours in addition to his or her regularly scheduled workweek or work shift, but the refusal to accept those additional hours would not constitute patient abandonment or neglect or be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the nurse or CNA. -This bill would require such a facility to establish a 8-member joint labor management task force, with membership as prescribed, to meet quarterly to develop specific recommendations and a plan to reduce or eliminate mandatory overtime. The bill would require a task force, on or before November 1, 2018, to prepare and submit to the Legislature a report on its recommendations. Those task force and report provisions would be repealed on January 1, 2019. -The bill would make a related statement of legislative intent.","An act to add Section 19851.2 to, and to add and repeal Section 19851.3 of, the Government Code, relating to state employees." -640,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2105 of the Corporations Code is amended to read: -2105. -(a) A foreign corporation shall not transact intrastate business without having first obtained from the Secretary of State a certificate of qualification. To obtain that certificate it shall file, on a form prescribed by the Secretary of State, a statement and designation signed by a corporate officer or, in the case of a foreign association that has no officers, signed by a trustee stating: -(1) Its name and the state or place of its incorporation or organization. -(2) The street address of its principal executive office. -(3) The street address of its principal office within this state, if any. -(4) The mailing address of its principal executive office, if different from the addresses specified pursuant to paragraphs (2) and (3). -(5) The name of an agent upon whom process directed to the corporation may be served within this state. The designation shall comply with the provisions of subdivision (b) of Section 1502. -(6) (A) Its irrevocable consent to service of process directed to it upon the agent designated and to service of process on the Secretary of State if the agent so designated or the agent’s successor is no longer authorized to act or cannot be found at the address given. -(B) Consent under this paragraph extends to service of process directed to the foreign corporation’s agent in California for a search warrant issued pursuant to Section 1524.2 of the Penal Code, or for any other validly issued and properly served search warrant, for records or documents that are in the possession of the foreign corporation and are located inside or outside of this state. This subparagraph shall apply to a foreign corporation that is a party or a nonparty to the matter for which the search warrant is sought. For purposes of this subparagraph, “properly served” means delivered by hand, or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to a person or entity listed in Section 2110, or any other means specified by the foreign corporation, including, but not limited to, email or submission via an Internet web portal that the foreign corporation has designated for the purpose of service of process. -(7) If it is a corporation which will be subject to the Insurance Code as an insurer, it shall so state that fact. -(b) Annexed to that statement and designation shall be a certificate by an authorized public official of the state or place of incorporation of the corporation to the effect that the corporation is an existing corporation in good standing in that state or place or, in the case of an association, an officers’ certificate stating that it is a validly organized and existing business association under the laws of a specified foreign jurisdiction. -(c) Before it may be designated by any foreign corporation as its agent for service of process, any corporate agent must comply with Section 1505. -SEC. 2. -Section 17708.02 of the Corporations Code is amended to read: -17708.02. -(a) A foreign limited liability company may apply for a certificate of registration to transact business in this state by delivering an application to the Secretary of State for filing on a form prescribed by the Secretary of State. The application shall state all of the following: -(1) The name of the foreign limited liability company, and, if the name does not comply with Section 17701.08, an alternate name adopted pursuant to subdivision (a) of Section 17708.05. -(2) The state or other jurisdiction under whose law the foreign limited liability company is organized and the date of its organization in that state or other jurisdiction, and a statement that the foreign limited liability company is authorized to exercise its powers and privileges in that state or other jurisdiction. -(3) The street address of the foreign limited liability company’s principal office and of its principal business office in this state, if any. -(4) (A) The name and street address of the foreign limited liability company’s initial agent for service of process in this state who consents to service of process and meets the qualifications specified in subdivision (c) of Section 17701.13. If a corporate agent is designated, only the name of the agent shall be set forth. -(B) Consent under this paragraph extends to service of process directed to the foreign limited liability company’s agent in California for a search warrant issued pursuant to Section 1524.2 of the Penal Code, or for any other validly issued and properly served search warrant, for records or documents that are in the possession of the foreign limited liability company and are located inside or outside of this state. This subparagraph shall apply to a foreign limited liability company that is a party or a nonparty to the matter for which the search warrant is sought. For purposes of this subparagraph, properly served means delivered by hand, or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, facsimile, or any other means specified by the foreign limited liability company, including email or submission via an Internet web portal the foreign limited liability company has designated for the purpose of service of process. -(5) A statement that the Secretary of State is appointed the agent of the foreign limited liability company for service of process if the agent has resigned and has not been replaced or if the agent cannot be found or served with the exercise of reasonable diligence. -(6) The mailing address of the foreign limited liability company if different than the street address of the principal office, or principal business office in this state. -(b) A foreign limited liability company shall deliver with a completed application under subdivision (a) a certificate of existence, status, or good standing or a record of similar import signed by the Secretary of State or other official having custody of the foreign limited liability company’s publicly filed records in the state or other jurisdiction under whose law the foreign limited liability company is formed. -(c) The Secretary of State shall include with instructional materials, provided in conjunction with registration under subdivision (a), a notice that filing the registration will obligate the foreign limited liability company to pay an annual tax to the Franchise Tax Board pursuant to Section 17941 of the Revenue and Taxation Code. That notice shall be updated annually to specify the dollar amount of the tax. -SEC. 3. -Section 1524.2 of the Penal Code is amended to read: -1524.2. -(a) As used in this section, the following terms have the following meanings: -(1) The terms “electronic communication services” and “remote computing services” shall be construed in accordance with the Electronic Communications Privacy Act in Chapter 121 (commencing with Section 2701) of Part I of Title 18 of the United State Code Annotated. This section shall not apply to corporations that do not provide those services to the general public. -(2) An “adverse result” occurs when notification of the existence of a search warrant results in: -(A) Danger to the life or physical safety of an individual. -(B) A flight from prosecution. -(C) The destruction of or tampering with evidence. -(D) The intimidation of potential witnesses. -(E) Serious jeopardy to an investigation or undue delay of a trial. -(3) “Applicant” refers to the peace officer to whom a search warrant is issued pursuant to subdivision (a) of Section 1528. -(4) “California corporation” refers to any corporation or other entity that is subject to Section 102 of the Corporations Code, excluding foreign corporations. -(5) “Foreign corporation” refers to any corporation that is qualified to do business in this state pursuant to Section 2105 of the Corporations Code. -(6) “Properly served” means that a search warrant has been delivered by hand, or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to a person or entity listed in Section 2110 of the Corporations Code, or any other means specified by the recipient of the search warrant, including email or submission via an Internet web portal that the recipient has designated for the purpose of service of process. -(b) The following provisions shall apply to any search warrant issued pursuant to this chapter allowing a search for records that are in the actual or constructive possession of a foreign corporation that provides electronic communication services or remote computing services to the general public, where those records would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer’s usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications. -(1) When properly served with a search warrant issued by the California court, a foreign corporation subject to this section shall provide to the applicant, all records sought pursuant to that warrant within five business days of receipt, including those records maintained or located outside this state. -(2) Where the applicant makes a showing and the magistrate finds that failure to produce records within less than five business days would cause an adverse result, the warrant may require production of records within less than five business days. A court may reasonably extend the time required for production of the records upon finding that the foreign corporation has shown good cause for that extension and that an extension of time would not cause an adverse result. -(3) A foreign corporation seeking to quash the warrant must seek relief from the court that issued the warrant within the time required for production of records pursuant to this section. The issuing court shall hear and decide that motion no later than five court days after the motion is filed. -(4) The foreign corporation shall verify the authenticity of records that it produces by providing an affidavit that complies with the requirements set forth in Section 1561 of the Evidence Code. Those records shall be admissible in evidence as set forth in Section 1562 of the Evidence Code. -(c) A California corporation that provides electronic communication services or remote computing services to the general public, when served with a warrant issued by another state to produce records that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer’s usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, shall produce those records as if that warrant had been issued by a California court. -(d) No cause of action shall lie against any foreign or California corporation subject to this section, its officers, employees, agents, or other specified persons for providing records, information, facilities, or assistance in accordance with the terms of a warrant issued pursuant to this chapter.","Existing law prohibits a foreign corporation from transacting intrastate business without a certificate of qualification from the Secretary of State, and requires a statement filed for a certificate of qualification to include, among other things, an agent for service of process within the state. Existing law prohibits a foreign limited liability company transacting intrastate business in this state from maintaining an action or proceeding in this state unless it has a certificate of registration filed with the Secretary of State, and requires an application for a certificate of registration to include, among other things, an agent for service of process. -This bill would specify that a foreign corporation and foreign limited liability company may consent to service of process for a search warrant by email or submission to a designated Internet Web portal.","An act to amend Sections 2105 and 17708.02 of the Corporations Code, and to amend Section 1524.2 of the Penal Code, relating to search warrants." -641,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature hereby finds and declares all of the following: -(a) Substance abuse is a medical condition requiring interdisciplinary treatment including, when medically necessary, treatment by a licensed physician and surgeon. -(b) Subsequent to the enactment of state law licensing and regulating residential facilities providing alcohol and other drug detoxification treatment, public knowledge of addiction and treatment has advanced significantly. -(c) Lack of scientific understanding at the time of enactment of those state laws prevents the State Department of Health Care Services from licensing a residential treatment facility that uses a California-licensed physician and surgeon to provide necessary evaluation and treatment at the facility premises. -(d) This prohibition has been found to endanger persons in treatment, can result in treatment below the recognized standard of care, jeopardizes patient health, and delays patient recovery. -(e) To resolve this problem, it is the intent of the Legislature to enact this act in order to modernize and update state law and allow those in treatment to be protected and to receive modern medical treatment for a medical condition. -SEC. 2. -Section 11834.025 is added to the Health and Safety Code, to read: -11834.025. -(a) (1) As a condition of providing incidental medical services, as defined in subdivision (a) of Section 11834.026, at a facility licensed by the department, the facility, within a reasonable period of time, as defined by the department in regulations, shall obtain from each program participant, a signed certification described in subdivision (b) from a health care practitioner. -(2) For purposes of this chapter, “health care practitioner” means a person duly licensed and regulated under Division 2 (commencing with Section 500) of the Business and Professions Code, who is acting within the scope of practice of his or her license or certificate. -(b) The department shall develop a standard certification form for use by a health care practitioner. The form shall include, but not be limited to, a description of the alcoholism and drug abuse recovery or treatment services that an applicant needs. -(c) (1) The department shall adopt regulations, on or before July 1, 2018, to implement this section. The regulations shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). -(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may, if it deems appropriate, implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions from the department only until the department adopts regulations. -SEC. 3. -Section 11834.026 is added to the Health and Safety Code, to read: -11834.026. -(a) As used in this section, “incidental medical services” means services that are in compliance with the community standard of practice and are not required to be performed in a licensed clinic or licensed health facility, as defined by Section 1200 or 1250, respectively, to address medical issues associated with either detoxification from alcohol or drugs or the provision of alcoholism or drug abuse recovery or treatment services, including all of the following categories of services that the department shall further define by regulation: -(1) Obtaining medical histories. -(2) Monitoring health status to determine whether the health status warrants transfer of the patient in order to receive urgent or emergent care. -(3) Testing associated with detoxification from alcohol or drugs. -(4) Providing alcoholism or drug abuse recovery or treatment services. -(5) Overseeing patient self-administered medications. -(6) Treating substance abuse disorders, including detoxification. -(b) Incidental medical services do not include the provision of general primary medical care. -(c) Notwithstanding any other law, a licensed alcoholism or drug abuse recovery or treatment facility may permit incidental medical services to be provided to a resident at the facility premises by, or under the supervision of, one or more physicians and surgeons licensed by the Medical Board of California or the Osteopathic Medical Board who are knowledgeable about addiction medicine, or one or more other health care practitioners acting within the scope of practice of his or her license and under the direction of a physician and surgeon, and who are also knowledgeable about addiction medicine, if all of the following conditions are met: -(1) The facility, in the judgment of the department, has the ability to comply with the requirements of this chapter and all other applicable laws and regulations to meet the needs of a resident receiving incidental medical services pursuant to th licensed facility. A copy of the form provided by the department shall be signed by the physician and surgeon and maintained in the resident’s file at the facility. -(4) The resident has signed an admission agreement. The admission agreement, at a minimum, shall describe the incidental medical services that the facility may permit to be provided and shall state that the permitted incidental medical services will be provided by, or under the supervision of, a physician and surgeon. The department shall specify in regulations, at a minimum, the content and manner of providing the admission agreement, and any other information that the department deems appropriate. The facility shall maintain a copy of the signed admission agreement in the resident’s file. -(5) Once incidental medical services are initiated for a resident, the physician and surgeon and facility shall monitor the resident to ensure that the resident remains appropriate to receive those services. If the physician and surgeon determines that a change in the resident’s medical condition requires other medical services or that a higher level of care is required, the facility shall immediately arrange for the other medical services or higher level of care, as appropriate. -(6) The facility maintains in its files a copy of the relevant professional license or other written evidence of licensure to practice medicine or perform medical services in the state for the physician and surgeon and any other health care practitioner providing incidental medical services at the facility. -(d) The department is not required to evaluate or have any responsibility or liability with respect to evaluating the incidental medical services provided by a physician and surgeon or other health care practitioner at a licensed facility. This section does not limit the department’s ability to report suspected misconduct by a physician and surgeon or other health care practitioner to the appropriate licensing entity or to law enforcement. -(e) A facility licensed and approved by the department to allow provision of incidental medical services shall not by offering approved incidental medical services be deemed a clinic or health facility within the meaning of Section 1200 or 1250, respectively. -(f) Other than incidental medical services permitted to be provided or any urgent or emergent care required in the case of a life threatening emergency, this section does not authorize the provision at the premises of the facility of any medical or health care services or any other services that require a higher level of care than the care that may be provided within a licensed alcoholism or drug abuse recovery or treatment facility. -(g) This section does not require a residential treatment facility licensed by the department to provide incidental medical services or any services not otherwise permitted by law. -(h) (1) On or before July 1, 2018, the department shall adopt regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). -(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, the department may, if it deems appropriate, implement, interpret, or make specific this section by means of provider bulletins, written guidelines, or similar instructions from the department until regulations are adopted. -SEC. 4. -Section 11834.03 of the Health and Safety Code is amended to read: -11834.03. -(a) A person or entity applying for licensure shall file with the department, on forms provided by the department, all of the following: -(1) A completed written application for licensure. -(2) A fire clearance approved by the State Fire Marshal or local fire enforcement officer. -(3) A licensure fee, established in accordance with Chapter 7.3 (commencing with Section 11833.01). -(b) (1) If an applicant intends to permit services pursuant to Section 11834.026, the applicant shall submit evidence of a valid license of the physician and surgeon who will provide or oversee those services, and any other information the department deems appropriate. -(2) The department shall establish and collect an additional licensure fee for an application that includes a request to provide services pursuant to Section 11834.026. The fee shall be set at an amount sufficient to cover the reasonable costs to the department of the additional assessment and investigation necessary to license facilities to provide these services, including, but not limited to, processing applications, issuing licenses, and investigating reports of noncompliance with licensing regulations. -SEC. 5. -Section 11834.36 of the Health and Safety Code is amended to read: -11834.36. -(a) The director may suspend or revoke any license issued under this chapter, or deny an application for licensure, extension of the licensing period, or modification to a license, upon any of the following grounds and in the manner provided in this chapter: -(1) Violation by the licensee of any provision of this chapter or regulations adopted pursuant to this chapter. -(2) Repeated violation by the licensee of any of the provisions of this chapter or regulations adopted pursuant to this chapter. -(3) Aiding, abetting, or permitting the violation of, or any repeated violation of, any of the provisions described in paragraph (1) or (2). -(4) Conduct in the operation of an alcoholism or drug abuse recovery or treatment facility that is inimical to the health, morals, welfare, or safety of either an individual in, or receiving services from, the facility or to the people of the State of California. -(5) Misrepresentation of any material fact in obtaining the alcoholism or drug abuse recovery or treatment facility license, including, but not limited to, providing false information or documentation to the department. -(6) The licensee’s refusal to allow the department entry into the facility to determine compliance with the requirements of this chapter or regulations adopted pursuant to this chapter. -(7) Violation by the licensee of Section 11834.026 or the regulations adopted pursuant to that section. -(8) Failure to pay any civil penalties assessed by the department. -(b) The director may temporarily suspend any license prior to any hearing when, in the opinion of the director, the action is necessary to protect residents of the alcoholism or drug abuse recovery or treatment facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The director shall notify the licensee of the temporary suspension and the effective date of the temporary suspension and at the same time shall serve the provider with an accusation. Upon receipt of a notice of defense to the accusation by the licensee, the director shall, within 15 days, set the matter for hearing, and the hearing shall be held as soon as possible. The temporary suspension shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after the department receives the proposed decision from the Office of Administrative Hearings.","Existing law requires the State Department of Health Care Services to license adult alcoholism or drug abuse recovery or treatment facilities, as defined. Existing law provides for the licensure and regulation of health care practitioners by various boards and other entities within the Department of Consumer Affairs, and prescribes the scope of practice of those health care practitioners. -This bill would authorize an adult alcoholism or drug abuse recovery or treatment facility that is licensed under those provisions to allow a licensed physician and surgeon or other health care practitioner, as defined, to provide incidental medical services, as defined, to a resident of the facility at the facility premises under specified limited circumstances, including, among others, that the resident signs an admission agreement and a physician and surgeon or other health care practitioner determines that it is medically appropriate for the resident to receive these services. The bill would require the department to establish and collect an additional fee from those facilities, in an amount sufficient to cover the department’s reasonable costs of regulating the provision of those services. The bill would require the department, on or before July 1, 2018, to adopt regulations to implement its provisions. The bill would also make related findings and declarations.","An act to amend Sections 11834.03 and 11834.36 of, and to add Sections 11834.025 and 11834.026 to, the Health and Safety Code, relating to alcohol and drug treatment programs." -642,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1708.8 of the Civil Code is amended to read: -1708.8. -(a) A person is liable for physical invasion of privacy when the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person. -(b) A person is liable for constructive invasion of privacy when the person attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity, through the use of any device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the device was used. -(c) An assault or false imprisonment committed with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff is subject to subdivisions (d), (e), and (h). -(d) A person who commits any act described in subdivision (a), (b), or (c) is liable for up to three times the amount of any general and special damages that are proximately caused by the violation of this section. This person may also be liable for punitive damages, subject to proof according to Section 3294. If the plaintiff proves that the invasion of privacy was committed for a commercial purpose, the person shall also be subject to disgorgement to the plaintiff of any proceeds or other consideration obtained as a result of the violation of this section. A person who comes within the description of this subdivision is also subject to a civil fine of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000). -(e) A person who directs, solicits, actually induces, or actually causes another person, regardless of whether there is an employer-employee relationship, to violate any provision of subdivision (a), (b), or (c) is liable for any general, special, and consequential damages resulting from each said violation. In addition, the person that directs, solicits, actually induces, or actually causes another person, regardless of whether there is an employer-employee relationship, to violate this section shall be liable for punitive damages to the extent that an employer would be subject to punitive damages pursuant to subdivision (b) of Section 3294. A person who comes within the description of this subdivision is also subject to a civil fine of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000). -(f) (1) The transmission, publication, broadcast, sale, offer for sale, or other use of any visual image, sound recording, or other physical impression that was taken or captured in violation of subdivision (a), (b), or (c) shall not constitute a violation of this section unless the person, in the first transaction following the taking or capture of the visual image, sound recording, or other physical impression, publicly transmitted, published, broadcast, sold, or offered for sale the visual image, sound recording, or other physical impression with actual knowledge that it was taken or captured in violation of subdivision (a), (b), or (c), and provided compensation, consideration, or remuneration, monetary or otherwise, for the rights to the unlawfully obtained visual image, sound recording, or other physical impression. -(2) For the purposes of paragraph (1), “actual knowledge” means actual awareness, understanding, and recognition, obtained prior to the time at which the person purchased or acquired the visual image, sound recording, or other physical impression, that the visual image, sound recording, or other physical impression was taken or captured in violation of subdivision (a), (b), or (c). The plaintiff shall establish actual knowledge by clear and convincing evidence. -(3) Any person that publicly transmits, publishes, broadcasts, sells, or offers for sale, in any form, medium, format, or work, a visual image, sound recording, or other physical impression that was previously publicly transmitted, published, broadcast, sold, or offered for sale by another person, is exempt from liability under this section. -(4) If a person’s first public transmission, publication, broadcast, or sale or offer for sale of a visual image, sound recording, or other physical impression that was taken or captured in violation of subdivision (a), (b), or (c) does not constitute a violation of this section, that person’s subsequent public transmission, publication, broadcast, sale, or offer for sale, in any form, medium, format, or work, of the visual image, sound recording, or other physical impression, does not constitute a violation of this section. -(5) This section applies only to a visual image, sound recording, or other physical impression that is captured or taken in California in violation of subdivision (a), (b), or (c) after January 1, 2010, and shall not apply to any visual image, sound recording, or other physical impression taken or captured outside of California. -(6) Nothing in this subdivision shall be construed to impair or limit a special motion to strike pursuant to Section 425.16, 425.17, or 425.18 of the Code of Civil Procedure. -(7) This section shall not be construed to limit all other rights or remedies of the plaintiff in law or equity, including, but not limited to, the publication of private facts. -(g) This section shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel or employees of governmental agencies or other entities, either public or private, who, in the course and scope of their employment, and supported by an articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of any conduct to obtain evidence of suspected illegal activity or other misconduct, the suspected violation of any administrative rule or regulation, a suspected fraudulent conduct, or any activity involving a violation of law or business practices or conduct of public officials adversely affecting the public welfare, health, or safety. -(h) In any action pursuant to this section, the court may grant equitable relief, including, but not limited to, an injunction and restraining order against further violations of subdivision (a), (b), or (c). -(i) The rights and remedies provided in this section are cumulative and in addition to any other rights and remedies provided by law. -(j) It is not a defense to a violation of this section that no image, recording, or physical impression was captured or sold. -(k) For the purposes of this section, “for a commercial purpose” means any act done with the expectation of a sale, financial gain, or other consideration. A visual image, sound recording, or other physical impression shall not be found to have been, or intended to have been, captured for a commercial purpose unless it is intended to be, or was in fact, sold, published, or transmitted. -(l) (1) For the purposes of this section, “private, personal, and familial activity” includes, but is not limited to: -(A) Intimate details of the plaintiff’s personal life under circumstances in which the plaintiff has a reasonable expectation of privacy. -(B) Interaction with the plaintiff’s family or significant others under circumstances in which the plaintiff has a reasonable expectation of privacy. -(C) If and only after the person has been convicted of violating Section 626.8 of the Penal Code, any activity that occurs when minors are present at any location set forth in subdivision (a) of Section 626.8 of the Penal Code. -(D) Any activity that occurs on a residential property under circumstances in which the plaintiff has a reasonable expectation of privacy. -(E) Other aspects of the plaintiff’s private affairs or concerns under circumstances in which the plaintiff has a reasonable expectation of privacy. -(2) “Private, personal, and familial activity” does not include illegal or otherwise criminal activity as delineated in subdivision (g). However, “private, personal, and familial activity” shall include the activities of victims of crime in circumstances under which subdivision (a), (b), or (c) would apply. -(m) (1) A proceeding to recover the civil fines specified in subdivision (d) or (e) may be brought in any court of competent jurisdiction by a county counsel or city attorney. -(2) Fines collected pursuant to this subdivision shall be allocated, as follows: -(A) One-half shall be allocated to the prosecuting agency. -(B) One-half shall be deposited in the Arts and Entertainment Fund, which is hereby created in the State Treasury. -(3) Funds in the Arts and Entertainment Fund created pursuant to paragraph (2) may be expended by the California Arts Council, upon appropriation by the Legislature, to issue grants pursuant to the Dixon-Zenovich-Maddy California Arts Act of 1975 (Chapter 9 (commencing with Section 8750) of Division 1 of Title 2 of the Government Code). -(4) The rights and remedies provided in this subdivision are cumulative and in addition to any other rights and remedies provided by law. -(n) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Under existing law, except as specified, a person is liable for physical invasion of privacy when that person knowingly enters onto the land of another person without permission or otherwise trespasses to capture any type of visual image, sound recording, or other physical impression of a person engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person. Under existing law, a person is liable for constructive invasion of privacy for the same activity, as specified, through the use of any device, regardless of whether there is a physical trespass. Existing law subjects a person who commits physical or constructive invasion of privacy to specified damages and civil fines. -This bill would expand liability for physical invasion of privacy to additionally include a person knowingly entering into the airspace above the land of another person without permission, as provided.","An act to amend Section 1708.8 of the Civil Code, relating to privacy." -643,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 405 of the Food and Agricultural Code is amended to read: -405. -(a) With the prior approval of the Department of Fish and Wildlife and the State Department of Public Health, the department may reproduce or distribute biological control organisms that are not detrimental to the public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases. -(b) The department shall not engage in the production of beneficial organisms when those organisms are available in sufficient amounts for purchase from commercial sources. -SEC. 2. -Section 409 of the Food and Agricultural Code is amended to read: -409. -(a) Notwithstanding any other law, the department by rule or regulation may provide for the issuance and renewal on a two-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to this code by the department or any division, office, or other entity within the department. -(b) The department may, by rule or regulation, set the fee for a two-year license, certificate of registration, or other indicia, not to exceed twice the annual fee for issuance or renewal set by statute. -SEC. 3. -Section 410 of the Food and Agricultural Code is amended to read: -410. -It is the intent of the Legislature that the Department of Food and Agriculture, in cooperation with appropriate county officials and industry representatives, develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and county sealers of weights and measures. -SEC. 4. -Section 5918 of the Food and Agricultural Code is amended to read: -5918. -(a) The committee shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this article, including the costs of implementing and administering the administrative, enforcement, and regulatory recommendations of the statewide work plan developed by the committee. -(b) The secretary shall not seek reimbursement for costs that exceed expenditures developed by the committee without first notifying the committee of the additional expenditures. -SEC. 5. -Section 47004 of the Food and Agricultural Code is amended to read: -47004. -(a) Certified farmers’ markets are California agricultural product point-of-sale locations that are registered under the provisions of Section 47020 and operated in accordance with this chapter and regulations adopted pursuant to this chapter. -(b) The operator of a certified farmers’ market shall establish a clearly defined marketing area where only agricultural products may be sold. Only the producer or the lawful authorized representative of the producer may sell agricultural products within the area defined as a certified farmers’ market. Sales of agricultural products purchased from another individual or entity shall not occur within a certified farmers’ market, and an agricultural product producer or product dealer shall not sell his or her agricultural products to another individual or entity with the understanding or knowledge that the products are intended to be resold in a certified farmers’ market in violation of this chapter or the regulations adopted pursuant to this chapter. Every producer selling within a certified farmers’ market shall comply with Section 47020. -(c) All vendors of agricultural products selling within a certified farmers’ market shall do all of the following: -(1) Post a conspicuous sign or banner at the point of sale that states the name of the farm or ranch, the county where the farm or ranch maintains the production grounds that produced the products being offered for sale is located, and a statement that “We Grew What We Are Selling” or “We Raised What We Are Selling” or “We Grow What We Sell” or similar phrases that clearly represent that the farm or ranch is only selling agricultural products that they themselves have grown or raised on California land that they possess or control. Product sales by different farms at the same vendor stand shall separate the products from each farm or ranch and correspondingly post the required sign or banner in direct relationship with the sales display of the products produced by each farm. -(2) Ensure that all processed agricultural products that they offer for sale state in a clear manner by package label, container label, or bulk sales signage that they consist only, with the exception of incidental flavorings and necessary preservatives, of agricultural products grown or raised by the farm or ranch selling them, the farm or ranch name, and the city where the farm or ranch is located. In addition, every processed product shall identify on a package label, container label, or on bulk sales signage the registration number or other identity reference of the facility where the food was processed, or another required labeling statement or information, in accordance with Sections 110460, 114365, and 114365.2 of the Health and Safety Code, or, in the case of meat or poultry products, the identity of the facility where the meat or poultry products were cut and wrapped, in accordance with the applicable United States Department of Agriculture or State of California inspection standards, or, in the case of dairy products, the identity of the facility where the dairy products were manufactured or processed. -(3) Ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic. -(d) The representations required pursuant to subdivision (c) shall be subject to the provisions and penalties specified in Section 890. -(e) An operator of a certified farmers’ market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator’s certified farmers’ market shall not allow the sale or distribution of fresh whole fruits, nuts, vegetables, cultivated mushrooms, herbs, and flowers by vendors selling within those sales activity or vending event or marketing areas. -(f) The operator of a certified farmers’ market shall keep an accurate participation record of the individual direct marketing producers whose agricultural products were presented for sale in their market each market day. The operators shall submit to the department a quarterly report of the registration numbers and participation frequency of the direct marketing producers whose agricultural products were presented for sale in the operator’s market during that past quarter. The department shall create and maintain online capability for reporting. -(g) Operators of certified farmers’ markets may establish rules and procedures that are more restrictive and stringent than state laws or regulations governing or implementing this chapter, so long as the rules and procedures are not in conflict with state laws or regulations. -(h) Except for certified farmers’ markets operated by government agencies, nonprofit entities and other qualified operators of certified farmers’ markets shall be considered private entities and may take actions, adopt rules, and impose requirements they deem necessary for the proper and honest operation of their market, subject to the application of any state or other laws. Government agency operators of certified farmers’ markets are subject to applicable state laws, the regulations and laws of the governing agency, and other laws governing the conduct and actions they may take as a governmental entity. -SEC. 6. -Section 47020 of the Food and Agricultural Code is amended to read: -47020. -(a) An operator of a certified farmers’ market shall annually register with the department by applying for and obtaining a certificate from the county agricultural commissioner’s office in the county in which the certified farmers’ market is located. The application shall include the times and location of the market, the name and contact information for the operator of the market, and the agent for service of process for the operator. Upon approval of an application, the county agricultural commissioner shall issue to the operator a certified farmers’ market certificate. -(b) A certified farmers’ market certificate issued by a county agricultural commissioner shall be valid for 12 months from the date of issue, and may be renewed annually thereafter. The county agricultural commissioner shall inspect every certified farmers’ market within his or her jurisdiction at least once for every six months of operation. At the time of application or renewal, the county agricultural commissioner shall provide a schedule of fees that reflects an estimate of expenses for inspections and may charge a certification and inspection fee equal to the actual expenses incurred. -(c) (1) (A) Before selling at a certified farmers’ market, a producer shall register with the department by applying for and obtaining a certificate from the county agricultural commissioner’s office in the county in which the producer’s land or facility is located. The application shall include a declaration by the producer that he or she is knowledgeable of and intends to produce in accordance with good agricultural practices, as outlined in the Small Farm Food Safety Guidelines published by the department. Upon approval of an application, the county agricultural commissioner shall issue to the producer a certified producer’s certificate. -(B) A declaration made pursuant to subparagraph (A) shall not be used to infer that the producer is not required to comply with other state or federal laws relative to food safety and good agricultural practices. -(2) As part of obtaining or renewing a certified producer certificate, a producer farming fruit, vegetables, nuts, herbs, and similar crops shall annually submit to the county agricultural commissioner’s office in the county in which the producer’s land or facility is located information requested by the department about the specific crops that he or she will harvest or intends to harvest for sale directly to the public. The secretary may promulgate regulations specifying the information a producer is required to submit. -(3) A certified producer’s certificate issued by a county agricultural commissioner shall be valid for up to 12 months from the date of issue and may be renewed annually thereafter. The county agricultural commissioner in each county shall perform at least one onsite inspection for all new certified producer’s certificate applicants, and may perform additional inspections as needed of the property or properties listed on the certified producer’s certificate issued in his or her county as deemed appropriate by the county agricultural commissioner to verify production of the commodities being sold at a certified farmers’ market or the existence in storage of the producer’s actual harvested production, or both, of any product being sold at a certified farmers’ market. Where practical or purposeful, verification inspections shall be made when the actual harvest or sale of the commodity in question is occurring. The county agricultural commissioner shall provide to the producer a schedule of fees that reflects an estimate of expenses for certification or inspection at the time of application or renewal or before any needed additional verification inspection, and may charge a certification and inspection fee equal to the actual expenses incurred. -(d) Renewal of a certified farmers’ market certificate or certified producer’s certificate may be denied by either the department or a county agricultural commissioner if a certified farmers’ market or a producer is delinquent in the payment of the required state fee or a county certification and inspection fee or administrative civil penalty authorized pursuant to this chapter. The certificate may be eligible for renewal when all outstanding balances and associated penalties or administrative fines have been paid to the department or the respective county or counties. -SEC. 7. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law authorizes the Department of Food and Agriculture, with the prior approval of the Department of Fish and Wildlife and the State Department of Health Care Services, to reproduce or distribute biological control organisms that are not detrimental to the public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases. -This bill would substitute the State Department of Public Health for the State Department of Health Care Services in these provisions. -(2) Existing law authorizes the Department of Food and Agriculture, by rule or regulation, to provide for the issuance and renewal on a 2-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to the Food and Agricultural Code by the department or any agency in the department, and to set the fees for the issuance or renewal of those licenses, certificates of registration, or other indicia. -This bill would instead specify that those licenses, certificates of registration, or other indicia of authority issued pursuant to the Food and Agricultural Code are those issued by the department or any division, office, or other entity within the department. -(3) Existing law specifies that it is the intent of the Legislature that the department, in cooperation with appropriate county officials and industry representatives, develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and weights and measures. -This bill would clarify that provision to specify that it is the intent of the Legislature that the department develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and county sealers of weights and measures. -(4) Under existing law, certified farmers’ markets are California agricultural product point-of-sale locations that are registered and operated in accordance with specified provisions. Existing law requires an operator of a certified farmers’ market to establish a clearly defined marketing area where only agricultural products may be sold. Existing law prohibits an operator of a certified farmers’ market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator’s certified farmers’ market from allowing the sale or distribution of fresh whole fruits, nuts, vegetables, and flowers by vendors selling within those sales activity or vending event or marketing areas. Under existing law, a violation of these provisions is an infraction or misdemeanor, as specified. -This bill would add cultivated mushrooms and herbs to the list of items that an operator of a certified farmers’ market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator’s certified farmers’ market is prohibited from selling within those sales activity or vending event or marketing areas. By changing the definition of a crime, this bill would impose a state-mandated local program. -Existing law requires a certified farmers’ market operator or producer to annually register with the Department of Food and Agriculture by applying for and receiving a certificate from a county agricultural commissioner. Existing law requires a producer farming fruit, vegetables, nuts, herbs, and similar crops, once certified, to annually submit information requested by the department about the specific crops that the producer will harvest or intends to harvest for sale directly to the public. -This bill would require a producer of these crops to submit this information to the county agricultural commissioner’s office in the county in which the producer’s land or facility is located as part of obtaining or renewing a certified producer certificate. By imposing a new duty on county agricultural commissioners, the bill would impose a state-mandated local program. -(5) Existing law creates in the Department of Food and Agriculture the California Citrus Pest and Disease Prevention Committee and provides for its continuation, and that of the California Citrus Pest and Disease Prevention Program, every 4 years subject to a referendum of the citrus producers on or before June 30, 2013, and every 4 years thereafter. Pursuant to this referendum the department has extended the citrus pest and disease prevention program for an additional 4 years. -Existing law requires the committee to reimburse the Secretary of Food and Agriculture for all reasonable expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the citrus pest and disease prevention program, including the costs of implementing and administering the administrative, enforcement, and regulatory recommendations of the statewide work plan developed by the committee. -This bill would require the committee to reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the program. -(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to amend Sections 405, 409, 410, 5918, 47004, and 47020 of the Food and Agricultural Code, relating to agriculture." -644,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 27375 of the Vehicle Code is amended to read: -27375. -(a) Any person who operates a modified limousine shall ensure that the vehicle has at least two rear side doors, as specified in paragraph (2), and one or two rear windows, as specified in paragraph (1), that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency that may require the immediate exit of the passengers of the vehicle. A limousine subject to this subdivision shall be equipped with both of the following: -(1) (A) Except as provided in subparagraph (B), at least two rear push-out windows that are accessible to all passengers. At least one push-out window shall be located on each side of the vehicle, unless the design of the limousine precludes the installation of a push-out window on one side of the vehicle, in which case the second push-out window shall instead be located in the roof of the vehicle. -(B) If the design of the limousine precludes the installation of even one push-out window on a side of the vehicle, one push-out window shall instead be located in the roof of the vehicle. -(C) The Department of the California Highway Patrol shall establish, by regulation, standards to ensure that window exits are operable and sufficient in emergency situations for limousine passengers. The department shall ensure that these regulations comply with any applicable federal motor vehicle safety standards. -(D) For modified limousines modified prior to July 1, 2015, the requirements of this paragraph shall apply on and after January 1, 2017. -(2) (A) At least two rear side doors that are accessible to all passengers and that may be opened manually by any passenger. At least one rear side door shall be located on each side of the vehicle. -(B) For modified limousines modified on or after July 1, 2015, at least one of these side doors shall be located near the driver’s compartment and another near the back of the vehicle. -(C) The rear side doors shall comply with any applicable federal motor vehicle safety standards as deemed necessary by the Department of the California Highway Patrol. -(b) In the case of a fire or other emergency that requires the immediate exit of the passengers from the limousine, the driver of the limousine shall unlock the doors so that the rear side doors can be opened by the passengers from the inside of the vehicle. -(c) An owner or operator of a limousine shall do all of the following: -(1) Instruct all passengers on the safety features of the vehicle prior to the beginning of any trip, including, but not limited to, instructions for lowering the partition between the driver and passenger compartments and for communicating with the driver by the use of an intercom or other onboard or wireless device. -(2) Disclose to the contracting party and the passengers whether the limousine meets the safety requirements described in this section. -(3) If paragraph (1) of subdivision (d) applies, the owner or operator of a limousine shall further disclose to the contracting party and the passengers that the limousine does not meet the safety requirements required in subdivision (a) regarding vehicle escape options because of its exempt status, and therefore may pose a greater risk to passengers should emergency escape be necessary. -(d) (1) Except as provided in paragraph (2), subdivision (a) shall not apply to any limousine manufactured before 1970 that has an active transportation charter-party carrier (TCP) number that was issued by the commission as of August 15, 2013. -(2) Subdivision (a) shall apply to any limousine manufactured before 1970 if it was modified after August 15, 2013. -SEC. 2. -Section 34500.4 of the Vehicle Code is amended to read: -34500.4. -(a) Not later than July 1, 2017, the Department of the California Highway Patrol shall implement a program to conduct safety inspections of modified limousine terminals that are operated by passenger stage corporations pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of Division 1 of the Public Utilities Code or by charter-party carriers of passengers pursuant to the Passenger Charter-party Carriers’ Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code). -(b) (1) The inspection program shall include, but is not limited to, the safe operation of the vehicle, the installation of safety equipment, the retention of maintenance logs, accident reports, and records of driver discipline, compliance with federal and state motor vehicle safety standards, the examination of a preventative maintenance program, and, if ownership of the modified limousine has been transferred, the transmission of relevant safety and maintenance information of the limousine. -(2) Pursuant to the safety inspection program, the department shall conduct an inspection of each terminal of a charter-party carrier of passengers and passenger stage corporation that operates modified limousines at least once every 13 months. -(3) The department shall adopt emergency regulations for purposes of this subdivision. The adoption by the department of regulations implementing this section shall be deemed to be an emergency and necessary to avoid serious harm to the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe facts showing the need for immediate action to the Office of Administrative Law. The emergency regulations shall remain in effect for no more than one year, by which time final regulations shall be adopted. -(4) (A) The department shall adopt regulations to establish an inspection fee to be collected every 13 months, based on the number of modified limousines operated by a single charter-party carrier or passenger stage corporation. The fee shall be in an amount sufficient to offset the costs to administer the inspection program and shall not be used to supplant or support any other inspection program conducted by the department. The fee shall be in addition to any other required fee. When developing the regulations, the department shall consider measures that increase efficiencies to limit the financial impact to charter-party carriers of passengers and passenger stage corporations subject to the fee. The department shall promulgate the regulations in consultation with appropriate interested parties. -(B) The fee structure established pursuant to this subdivision shall apply to modified limousines that are required to undergo a safety inspection pursuant to this section. -(C) The fee established pursuant to this subdivision shall be collected by the Public Utilities Commission and deposited into the Motor Vehicle Account in the State Transportation Fund to cover the costs of the inspections conducted by the department. -(5) The department shall transmit to the Public Utilities Commission inspection data of modified limousine terminals inspected pursuant to this program, as specified in the program regulations. -(c) Regulations adopted pursuant to this section shall be consistent with the established inspection program administered by the department for buses pursuant to this division.","(1) Existing law, on and after January 1, 2016, requires any person operating a modified limousine that is modified prior to July 1, 2015, to ensure that the vehicle is equipped with at least 2 rear side doors and one or 2 rear windows that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency, as specified. -Under this bill, the requirement that those modified limousines be equipped with one or 2 rear windows would instead apply on and after January 1, 2017. The bill would make other nonsubstantive changes to these provisions. -(2) Existing law requires, not later than July 1, 2016, the Department of the California Highway Patrol to implement a program to conduct safety inspections of modified limousine terminals that are operated by passenger stage corporations pursuant to the Public Utilities Act or by charter-party carriers of passengers pursuant to the Passenger Charter-party Carriers’ Act. -This bill would extend the operative date of the safety inspection program to July 1, 2017.","An act to amend Sections 27375 and 34500.4 of the Vehicle Code, relating to modified limousines." -645,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25503.6 of the Business and Professions Code is amended to read: -25503.6. -(a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to all of the following conditions: -(1) The on-sale licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or the major tenant of the owner of any of the following: -(A) An outdoor stadium or a fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in Sacramento County or Alameda County. -(B) A fully enclosed arena with a fixed seating capacity in excess of 18,000 seats located in Orange County or Los Angeles County. -(C) An outdoor stadium or fully enclosed arena with a fixed seating capacity in excess of 8,500 seats located in Kern County. -(D) An exposition park of not less than 50 acres that includes an outdoor stadium with a fixed seating capacity in excess of 8,000 seats and a fully enclosed arena with an attendance capacity in excess of 4,500 people, located in San Bernardino County. -(E) An outdoor stadium with a fixed seating capacity in excess of 10,000 seats located in Yolo County. -(F) An outdoor stadium and a fully enclosed arena with fixed seating capacities in excess of 10,000 seats located in Fresno County. -(G) An athletic and entertainment complex of not less than 50 acres that includes within its boundaries an outdoor stadium with a fixed seating capacity of at least 8,000 seats and a second outdoor stadium with a fixed seating capacity of at least 3,500 seats located in Riverside County. -(H) An outdoor stadium with a fixed seating capacity in excess of 1,500 seats located in Tulare County. -(I) A motorsports entertainment complex of not less than 50 acres that includes within its boundaries an outdoor speedway with a fixed seating capacity of at least 50,000 seats, located in San Bernardino County. -(J) An exposition park, owned or operated by a bona fide nonprofit organization, of not less than 400 acres with facilities including a grandstand with a seating capacity of at least 8,000 people, at least one exhibition hall greater than 100,000 square feet, and at least four exhibition halls, each greater than 30,000 square feet, located in the City of Pomona or the City of La Verne in Los Angeles County. -(K) An outdoor soccer stadium with a fixed seating capacity of at least 25,000 seats, an outdoor tennis stadium with a fixed capacity of at least 7,000 seats, an outdoor track and field facility with a fixed seating capacity of at least 7,000 seats, and an indoor velodrome with a fixed seating capacity of at least 2,000 seats, all located within a sports and athletic complex built before January 1, 2005, in the City of Carson in Los Angeles County. -(L) An outdoor professional sports facility with a fixed seating capacity of at least 4,200 seats located in San Joaquin County. -(M) A fully enclosed arena with a fixed seating capacity in excess of 13,000 seats in the City of Inglewood. -(N) (i) An outdoor stadium with a fixed seating capacity of at least 68,000 seats located in the City of Santa Clara. -(ii) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, a major tenant of an outdoor stadium described in clause (i), provided the major tenant does not hold a retail license, and the advertising may include the placement of advertising in an on-sale licensed premises operated at the outdoor stadium. -(O) A complex of not more than 50 acres located on the campus of, and owned by, Sonoma State University dedicated to presenting live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances with venues that include a concert hall with a seating capacity of approximately 1,500 seats, a second concert hall with a seating capacity of up to 300 seats, an outdoor area with a seating capacity of up to 5,000 seats, and a further outdoor area with a seating capacity of up to 10,000 seats. With respect to this complex, advertising space and time may also be purchased from or on behalf of the owner of the complex, a long-term tenant or licensee of the venue, whether or not the owner, long-term tenant, or licensee holds an on-sale license. -(P) A fairgrounds with a horse racetrack and equestrian and sports facilities located in San Diego County. -(Q) An outdoor stadium with a fixed seating capacity of at least 43,000 seats located in the City of San -Diego. -Diego, as follows: -(i) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, or a distilled spirits manufacturer may purchase advertising space and time from the owner or a major tenant of the stadium described in this subparagraph, provided the owner or major tenant does not hold a retail license. -(ii) The terms of the agreement shall not include an inducement for the owner or major tenant of the stadium to require its on-sale licensee to purchase the brands of the advertiser or to exclude brands for sale at the facility other than those of the advertiser. -(iii) No revenue from the advertising agreement shall be shared or provided, directly or indirectly, with the on-sale licensee providing alcoholic beverage and food services at the stadium. -(R) An outdoor stadium with a fixed seating capacity of at least 70,000 seats located in the City of -Inglewood. -Inglewood, as follows: -(i) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, or a distilled spirits manufacturer may purchase advertising space and time from the owner or a major tenant of the stadium described in this subparagraph, provided the owner or major tenant does not hold a retail license. -(ii) The terms of the agreement shall not include an inducement for the owner or major tenant of the stadium to require its on-sale licensee to purchase the brands of the advertiser or to exclude brands for sale at the facility other than those of the advertiser. -(iii) No revenue from the advertising agreement shall be shared or provided, directly or indirectly, with the on-sale licensee providing alcoholic beverage and food services at the stadium. -(2) The outdoor stadium or fully enclosed arena described in paragraph (1) is not owned by a community college district. -(3) The advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned by the on-sale licensee. With respect to an exposition park as described in subparagraph (J) of paragraph (1) that includes at least one hotel, the advertising space or time shall not be displayed on or in any hotel located in the exposition park, or purchased in connection with the operation of any hotel located in the exposition park. With respect to the complex described in subparagraph (O) of paragraph (1), the advertising space or time shall be purchased only in connection with live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances to be held on the premises of the complex. -(4) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced by the winegrower, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent that purchased the advertising space or time. -(b) Any purchase of advertising space or time pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent and any of the following: -(1) The on-sale licensee. -(2) With respect to clause (ii) of subparagraph (N) of paragraph (1) of subdivision (a), the major tenant of the outdoor stadium. -(3) With respect to subparagraph (O) of paragraph (1) of subdivision (a), the owner, a long-term tenant of the complex, or licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license. -(c) Any beer manufacturer or holder of a winegrower’s license, any distilled spirits rectifier, any distilled spirits manufacturer, or any distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill all or part of those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space, time, or costs involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. -(d) Any on-sale retail licensee, as described in subdivision (a), who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, a holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space or time pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. -(e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. -(f) The Legislature finds that it is necessary and proper to require a separation among manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition and intends that this section be construed accordingly. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 3. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique conditions located in the Cities of San Diego and Inglewood. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to ensure the fair and efficient application of the alcoholic beverage control licensing laws with respect to eligible facilities in the Cities of San Diego and Inglewood, it is necessary that this act take immediate effect.","Existing law generally prohibits various licenseholders from providing money or any other thing of value to a person owning or operating an on-sale premises where alcoholic beverages are served, subject to specified exceptions. Existing law authorizes the holder of a winegrower’s license, a beer manufacturer, a distilled spirits rectifier, a distilled spirits manufacturer, and a distilled spirits manufacturer’s -agent, -agent -to purchase advertising space and time from, or on behalf of, an on-sale retail licensee, under certain conditions, if the on-sale retail licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or major tenant of specified facilities. Existing law makes it a misdemeanor to coerce or solicit licensees in connection with these provisions, as specified. -This bill would expand the facilities to which the exception described above would apply to include outdoor stadiums with specified seating capacities located in the Cities of San Diego and -Inglewood. -Inglewood, as provided. -By expanding the scope of a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -This bill would make legislative findings and declarations as to the necessity of a special statute for the Cities of San Diego and Inglewood. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 25503.6 of the Business and Professions Code, relating to alcoholic beverages, and declaring the urgency thereof, to take effect immediately." -646,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 42 is added to the Revenue and Taxation Code, to read: -42. -(a) Where a tax, fee, assessment, surcharge, or other amount levied or collected by the tax agency has been determined to have been illegally levied or collected in a final and nonappealable decision of a court of competent jurisdiction, any person who paid that tax, fee, assessment, surcharge, or other amount may file with the tax agency a claim for refund of the amount so paid in accordance with this section and the tax agency shall refund the amount so paid. -(b) Notwithstanding subdivision (a), a person who has paid to the tax agency a tax, fee, assessment, surcharge, or other amount described in subdivision (a) that filed a claim for refund prior to the effective date of the act adding this section that the tax agency has not refunded before that date shall be refunded by the tax agency to the person in accordance with the provisions of this section. The act adding this section shall not be construed to require refiling of those previously filed claims for refund. -(c) Notwithstanding any other law relating to the limitations period for filing a claim for refund, this section shall apply to any claims for refund of any amounts described in subdivision (a) paid to the tax agency. -(d) A claim for refund for any amounts described in subdivision (a) shall be filed within one year after the date upon which the court decision described in subdivision (a) becomes final and nonappealable. -(e) Interest shall be paid on the refunds provided by this section in accordance with applicable provisions of this code related to the tax, fee, assessment, surcharge, or other amount subject to refund. -(f) For the purposes of bringing an action against the tax agency for recovery of the whole or any part of the amount claimed as an overpayment of an amount described in subdivision (a), the period for filing such action provided in this code and applicable to the tax, fee, assessment, surcharge, or other amount, shall not commence until the one-year claim period provided in subdivision (d) has expired pursuant to the terms of this section. Suits for refund shall be brought in accordance with the applicable provisions in this code. -(g) When information in the tax agencies’ records is sufficient to identify the person that paid an amount described in subdivision (a), and the person’s current address, the date of payment, and the amount paid, the tax agency shall refund that amount. The person shall not be required to file a claim for refund. -(h) Except as provided in Chapter 4 (commencing with Section 7275) of Part 1.6, this section shall apply to the tax, fee, assessment, surcharge, or other amount paid to the tax agency and collected or levied pursuant to applicable provisions of this code. -(i) Upon appropriation by the Legislature, the amounts necessary to make refunds pursuant to this section shall be allocated to the applicable tax agency. -(j) For purposes of this section, “tax agency” includes the board and the Franchise Tax Board. -SEC. 2. -Section 5148 of the Revenue and Taxation Code is amended to read: -5148. -Notwithstanding Section 5140, an action to recover taxes levied on state-assessed property arising out of a dispute as to an assessment made pursuant to Section 721, including a dispute as to valuation, assessment ratio, or allocation of value for assessment purposes, shall be brought under this section. In any action brought under this section, the following requirements shall apply: -(a) The action shall be brought by the state assessee. There shall be a single complaint with all parties joined therein with respect to disputes for any year. -(b) The action shall name the board and the county or counties. When a county is named which collected taxes on behalf of a city or cities, the county shall give notice of that action to the city or cities within 30 days of receipt of advice from the board of the action. A fee shall be payable by the state assessee in an amount prescribed by the court to cover the reasonable costs incurred by a county or counties in giving that notice. Any city receiving notice of the action filed against the board and the county may, within 30 days of the receipt of that notice, intervene in that action. Whether or not a city intervenes in the action, any judgment rendered for an assessee shall be entered exclusively against the county; however, the county shall be entitled to recover separately from the city or cities and other tax entities those taxes collected by the county on behalf of the city or cities and other tax entities which are subject to refund to the assessee as the result of the judgment. Payment to the taxpayer upon the judgment and any interest thereon may be deferred by the county until the apportionment of property tax revenue next following the date of the judgment, or as the county and the taxpayer may otherwise agree. Interest shall accrue during any deferral period unless the county and taxpayer otherwise agree. The county may if it chooses to do so offset the amount of the judgment and interest recoverable by it from the city or cities and other tax entities against amounts held in the county treasury therefor or against amounts due and payable thereto, including, but not limited to, property tax apportionments. The amount of the fee required by this section shall not be recoverable by the assessee in the action and no judgment entered in the action in favor of the assessee shall provide for the recovery of the fee. -As used in this section, “county” includes a city and county. -(c) Service of the summons and complaint shall be only upon the board. The board shall serve as agent of the defendant county or counties for the purpose of service of process. A fee shall be payable by the state assessee in an amount prescribed by the court to cover all reasonable costs incurred by the board while acting in its capacity as agent for the defendant counties. -(d) Venue of the action shall be in any county in which the Attorney General of California has an office or in which the state assessee has a significant presence. -(e) The action shall be limited in the case of valuation and allocation disputes to the grounds specified in the following: -(1) A petition for reassessment filed under Section 741, or any proceeding thereon. -(2) A petition for correction of allocated assessment filed under Section 747, or any proceeding thereon. -(f) A timely filed petition for reassessment or petition for correction of allocated assessment shall constitute a claim for refund if the petitioner states in the petition it is intended to so serve. -(g) -The -Except as otherwise provided in subdivision (j), the -action shall be commenced only after payment of the taxes in issue and within four years after the latest of the dates that the State Board of Equalization mailed its decision or its written findings and conclusions on the following: -(1) A petition for reassessment filed under Section 741 and intended to constitute a claim for refund. -(2) A petition for correction of allocated assessment filed under Section 747 and intended to constitute a claim for refund. -(h) The action shall not be joined with any action filed under Section 5140. -(i) Any refund of tax overpayments and any interest thereon, determined in any action brought under this section to be due shall be made by the defendant county or counties. -(j) Where the tax assessed or allocated has been determined to have been illegally assessed or allocated in a final and nonappealable decision of a court of competent jurisdiction, the action shall commence no later than one year from the date the court rendered that decision. -SEC. 3. -The Legislature finds and declares that the refunds allowed to persons by this act with respect to taxes, fees, assessments, surcharges, or other amounts levied or collected by the Franchise Tax Board or the State Board of Equalization, as applicable, that have been determined to be illegally levied or collected in a final and nonappealable decision of a court of competent jurisdiction, serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.","(1) The Franchise Tax Board administers the Personal Income Tax Law and the Corporation Tax Law and the State Board of Equalization administers the Sales and Use Tax Law and various other tax and fee laws. Counties, cities, and districts, as specified, are authorized to impose local sales or transactions and use taxes in conformity with the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local laws. Those laws generally require a claim for refund to be filed within specified timeframes based on the date of overpayment or specified board action if any amount has been overpaid, as specified. Under those laws, the rule of res judicata, which provides that a matter that has been adjudicated by a court of competent jurisdiction may not be pursued further by the same parties is applicable only if the liability involved is for the same reporting period as was involved in the case previously determined. -This bill would, notwithstanding existing law regarding the rule of res judicata, where a tax, fee, assessment, surcharge, or other amount levied or collected by the tax agency, which this bill would define to include the board and the Franchise Tax Board, has been determined to have been illegally levied or collected in a final and nonappealable decision of a court of competent jurisdiction, authorize any person who paid that tax, fee, assessment, surcharge, or other amount to file with the tax agency a claim for refund, within one year after the date of the final and nonappealable decision and would require the tax agency to refund the amount so paid. This bill would also require the tax agency to refund these amounts without the person filing a claim for refund when information in the tax agencies’ records is sufficient to identify the person. This bill would, upon appropriation by the Legislature, allocate the amounts necessary to make these refunds to the applicable tax agency. -(2) Existing law requires an action to recover property taxes levied on state-assessed property arising out of a dispute as to an assessment to be commenced only after payment of the taxes in issue and within 4 years after the latest of the dates that the State Board of Equalization mailed its decision or its written findings and conclusions, as provided. -This bill would instead require, where the tax assessed or allocated has been determined to have been illegally assessed or allocated in a final and nonappealable decision of a court of competent jurisdiction, the action to commence no later than one year from the date the court rendered that decision. -(3) This bill would make a legislative finding and declaration regarding the public purpose served by the bill.","An act to amend Section 5148 of, and to add Section 42 to, the Revenue and Taxation Code, relating to taxation." -647,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 20588 of the Government Code is amended to read: -20588. -(a) Notwithstanding any other provision of this article, the board may, pursuant to this section and Section 31657, enter into an agreement with the board of retirement of a county maintaining a county retirement system, for termination of participation of a public agency whose contract has been in effect for at least five years in this system or the state with respect to certain safety members who have ceased to be employed by the public agency or the state and have been employed by a county, fire authority, or district as a result of a transfer of firefighting or law enforcement functions from the public agency or the state to the county, fire authority, or district and inclusion of the former public agency employees in that county retirement system. -(b) The agreement shall contain provisions the board finds necessary to protect the interests of this system, including provisions for determination of the amount, time, and manner of transfer of cash or securities, or both, to be transferred to the county system representing the actuarial value of the interests in the retirement fund of the public agency or the state and the transferred employees by reason of accumulated contributions credited to that public agency or the state and the employees transferred. The agreement may also contain any other provisions that the board deems necessary to address issues related to the transfer, including, but not limited to, benefits subject to an outstanding domestic relations order and benefits subject to a lien. The agreement shall apply only to employees who are employed by the county or district on the effective date of the agreement. -(c) All liability of this system with respect to the members transferred under that agreement shall cease and shall become the liability of the county retirement system as of the date of transfer specified in the agreement. Liability of the county retirement system shall be for payment of benefits to transferred employees in accordance with Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3. -(d) Any member transferred who becomes a member of a county retirement system upon that transfer date shall be subject to provisions of this part and of Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 extending rights to a member or subjecting him or her to limitations because of membership in another retirement system to the same extent that he or she would have been had he or she been a member of the county retirement system during his or her membership in this system. -(e) This section shall apply only in the Counties of Kern, Los Angeles, Orange, and San Bernardino. -SEC. 2. -Section 31657 of the Government Code is amended to read: -31657. -Subject to Section 20588, whenever, as a result of the assumption by a county, fire authority, or district of firefighting or law enforcement functions performed by a public agency or the state subject to the Public Employees’ Retirement Law, any person ceases to be employed by a public agency or the state and is employed by a county, fire authority, or district in which this chapter has become operative, that person shall become a member of the retirement system of a county immediately upon entering county service. That member of the county retirement system shall be entitled to service credit in the county retirement system for the service for which he or she was entitled to credit in the Public Employees’ Retirement System at the time of cessation of employment by the public agency or the state, without necessity of payment of any additional contributions in respect to that service, when and if all of the following occur: -(a) The board of retirement receives certification from the Board of Administration of the Public Employees’ Retirement System of the service with which the person was entitled to be credited by the Public Employees’ Retirement System at the time of cessation of his or her public agency or state employment. -(b) There is paid into the county retirement fund of the county, an amount equal to the normal contributions of the person to the Public Employees’ Retirement System, together with all interest credited thereto, which amount shall be credited to the individual account of the member in the county retirement system, and shall thereafter for all purposes be deemed to be the member’s contribution to the county retirement system with respect to the service so certified. -(c) There is paid to the retirement system of the county an amount equal to all contributions of the public agency or the state made to the Public Employees’ Retirement System on account of service rendered by the person together with interest credited to the public agency or the state thereto. -(d) The board of retirement elects to apply this section as a prudent means of mitigating against potential adverse financial impact upon the county retirement system from the cost of disability retirements that may be applied for in the future by persons injured while being employed by the county, fire authority, or district after ceasing to be employed by a public agency or the state as a result of the assumption by a county, fire authority, or district of firefighting or law enforcement functions. -This section shall apply in a county of the first, the second, the seventh, or the fourteenth class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961, and Sections 28023, 28028, and 28035, as amended by Chapter 1204 of the Statutes of 1971.","Existing law authorizes public agencies to contract with the Board of Administration of the Public Employees’ Retirement System to have their employees become members of the Public Employees’ Retirement System (PERS). Existing law, with respect to the Counties of Kern, Los Angeles, and Orange, permits the board to enter into an agreement with the contracting agency’s board of retirement for termination of the contracting agency’s participation in PERS and inclusion of the agency’s employees in the retirement system of the city or county, if specified requirements are met, with respect to certain safety members, including firefighters. The County Employees Retirement Law of 1937 establishes a corresponding authority for accepting these people as members for retirement systems created pursuant to its provisions, and granting them service credit for their service credited by PERS. -This bill would expand the application of the provisions described above to the County of San Bernardino.","An act to amend Sections 20588 and 31657 of the Government Code, relating to public employees’ retirement." -648,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 99580 of the Public Utilities Code is amended to read: -99580. -(a) Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b). The ordinance shall include the provisions of this chapter and shall not apply to minors. -(b) (1) Evasion of the payment of a fare of the system. -(2) Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare. -(3) Playing sound equipment on or in a system facility or vehicle. -(4) Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system. -(5) Expectorating upon a system facility or vehicle. -(6) Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior. -(7) Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle. -(8) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition. -(9) (A) Willfully blocking the free movement of another person in a system facility or vehicle. -(B) This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes. -(10) Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility. -(11) (A) Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting. -(B) In the event that an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed. -(12) Sale or peddling of any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives. -(c) (1) The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581. -(2) For the purpose of this chapter, “processing agency” means either of the following: -(A) The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation. -(B) The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1). -(3) For the purpose of this chapter, “fare evasion or passenger conduct violation penalty” includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance. -(4) For the purpose of this chapter, “public transportation agency” shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of the California Constitution. -(5) All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered. -(d) (1) If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth all of the following: -(A) The violation, including reference to the ordinance setting forth the administrative penalty. -(B) The date and approximate time of the violation, and the location where the violation occurred. -(C) A printed statement indicating the date payment is required to be made. -(D) The procedure for contesting the notice. -(E) A printed statement that the person may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code if the administrative penalty is not paid when due or dismissed pursuant to the procedure for contesting the notice. -(2) The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence. -(3) When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency. -(4) If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agency’s data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served. -(5) If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581. -(e) In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code. -(f) (1) A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code, if the person pays the administrative penalty when due or successfully completes the civil administrative process pursuant to this chapter. -(2) A person who fails to pay the administrative penalty when due or successfully complete the civil administrative process pursuant to this chapter may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code. -(3) If a person is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, the processing agency shall dismiss the original notice of fare evasion -or passenger conduct violation -and make no further attempts to collect the administrative penalty. -(4) A person who is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, shall be personally served by the processing agency with a new notice of fare evasion -or passenger conduct violation -that sets forth the violation under Section 640 of the Penal Code. -(g) If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation: -(1) A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process. -(2) The amount of the administrative penalties. -(3) The number and types of citations administered pursuant to the ordinance. -(4) To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance. -(5) A discussion of the effect of the ordinance on passenger behavior. -(6) A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes a public transportation agency to adopt and enforce an ordinance to impose and enforce civil administrative penalties for fare evasion or other passenger misconduct, other than by minors, on or in a transit facility or vehicle in lieu of the criminal penalties otherwise applicable, with specified administrative procedures for the imposition and enforcement of the administrative penalties, including an initial review and opportunity for a subsequent administrative hearing. -This bill would provide that a person who fails to pay the administrative penalty when due or successfully complete the administrative process to dismiss the notice of fare evasion or passenger -misconduct -conduct violation -may be subject to those criminal penalties. The bill would require the notice of fare evasion or passenger -misconduct -conduct violation -to contain a printed statement that the person may be charged with an infraction or misdemeanor if the administrative penalty is not paid when due or dismissed pursuant to these provisions. -The bill would also require the processing agency to dismiss the original notice of fare evasion -or passenger conduct violation -and make no further attempts to collect the administrative penalty if the person is charged with an infraction or misdemeanor after failing to pay the administrative penalty or successfully complete the civil administrative process. The bill would require the processing agency to personally serve the person charged with an infraction or misdemeanor with a new notice of fare evasion -or passenger conduct violation -that sets forth the criminal violation. -Because the bill would expand the scope of an existing crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 99580 of the Public Utilities Code, relating to transportation." -649,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 3.6 (commencing with Section 11366) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: -CHAPTER 3.6. Regulatory Reform -Article 1. Findings and Declarations -11366. -The Legislature finds and declares all of the following: -(a) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500)) requires agencies and the Office of Administrative Law to review regulations to ensure their consistency with law and to consider impacts on the state’s economy and businesses, including small businesses. -(b) However, the act does not require agencies to individually review their regulations to identify overlapping, inconsistent, duplicative, or out-of-date regulations that may exist. -(c) At a time when the state’s economy is slowly recovering, unemployment and underemployment continue to affect all Californians, especially older workers and younger workers who received college degrees in the last seven years but are still awaiting their first great job, and with state government improving but in need of continued fiscal discipline, it is important that state agencies systematically undertake to identify, publicly review, and eliminate overlapping, inconsistent, duplicative, or out-of-date regulations, both to ensure they more efficiently implement and enforce laws and to reduce unnecessary and outdated rules and regulations. -Article 2. Definitions -11366.1. -For the purposes of this chapter, the following definitions shall apply: -(a) “State agency” means a state agency, as defined in Section 11000, except those state agencies or activities described in Section 11340.9. -(b) “Regulation” has the same meaning as provided in Section 11342.600. -Article 3. State Agency Duties -11366.2. -On or before January 1, 2019, each state agency shall do all of the following: -(a) Review all provisions of the California Code of Regulations adopted by that state agency. -(b) Identify any regulations that are duplicative, overlapping, inconsistent, or out of date. -(c) Adopt, amend, or repeal regulations to reconcile or eliminate any duplication, overlap, inconsistencies, or out-of-date provisions, and shall comply with the process specified in Article 5 (commencing with Section 11346) of Chapter 3.5, unless the addition, revision, or deletion is without regulatory effect and may be done pursuant to Section 100 of Title 1 of the California Code of Regulations. -(d) Hold at least one noticed public hearing, which shall be noticed on the Internet Web site of the state agency, for the purposes of accepting public comment on proposed revisions to its regulations. -(e) Notify the appropriate policy and fiscal committees of each house of the Legislature of the revisions to regulations that the state agency proposes to make at least 30 days prior to initiating the process under Article 5 (commencing with Section 11346) of Chapter 3.5 or Section 100 of Title 1 of the California Code of Regulations. -(f) (1) Report to the Governor and the Legislature on the state agency’s compliance with this chapter, including the number and content of regulations the state agency identifies as duplicative, overlapping, inconsistent, or out of date, and the state agency’s actions to address those regulations. -(2) The report shall be submitted in compliance with Section 9795 of the Government Code. -11366.3. -(a) On or before January 1, 2019, each agency listed in Section 12800 shall notify a department, board, or other unit within that agency of any existing regulations adopted by that department, board, or other unit that the agency has determined may be duplicative, overlapping, or inconsistent with a regulation adopted by another department, board, or other unit within that agency. -(b) A department, board, or other unit within an agency shall notify that agency of revisions to regulations that it proposes to make at least 90 days prior to a noticed public hearing pursuant to subdivision (d) of Section 11366.2 and at least 90 days prior to adoption, amendment, or repeal of the regulations pursuant to subdivision (c) of Section 11366.2. The agency shall review the proposed regulations and make recommendations to the department, board, or other unit within 30 days of receiving the notification regarding any duplicative, overlapping, or inconsistent regulation of another department, board, or other unit within the agency. -11366.4. -An agency listed in Section 12800 shall notify a state agency of any existing regulations adopted by that agency that may duplicate, overlap, or be inconsistent with the state agency’s regulations. -11366.45. -This chapter shall not be construed to weaken or undermine in any manner any human health, public or worker rights, public welfare, environmental, or other protection established under statute. This chapter shall not be construed to affect the authority or requirement for an agency to adopt regulations as provided by statute. Rather, it is the intent of the Legislature to ensure that state agencies focus more efficiently and directly on their duties as prescribed by law so as to use scarce public dollars more efficiently to implement the law, while achieving equal or improved economic and public benefits. -Article 4. Chapter Repeal -11366.5. -This chapter shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 2. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order for state agencies to timely complete a full review of regulations by the 2019 deadline, it is necessary that this act take effect immediately. -SECTION 1. -The Legislature finds and declares the following: -(a)In 2013, the United States Department of Housing and Urban Development (HUD) reported that California has nearly 40,000 chronically homeless persons, which is 36 percent of the total chronically homeless population of the United States. This is due in large part to an insufficient amount of affordable housing in California. -(b)HUD also reported that there are over 15,000 homeless veterans in California. -(c)Several studies, including one by the Journal of the American Medical Association, have demonstrated that it is far more cost effective and efficient to provide the homeless with permanent, supportive housing through “rapid rehousing” and “housing first” initiatives. These measures also reduce the cost to governments of funding shelters and emergency services. -SEC. 2. -Chapter 1 (commencing with Section 15290) is added to Part 6.6 of Division 3 of Title 2 of the -Government Code -, to read: -1. -Rapid Rehousing Enhancement Program -15290. -For the purposes of this chapter, the following definitions shall apply: -(a)“Department” means the Department of Housing and Community Development. -(b)“Homeless” has the same meaning as defined in Section 576.2 of Title 24 of the Code of Federal Regulations. -(c)“Enhancement program” means the program established pursuant to this chapter for distributing funds to counties and private nonprofit organizations. -(d)“Private nonprofit organization” has the same meaning as defined in Section 11371 of Title 42 of the United States Code. -15290.5. -(a)Upon appropriation of funds in the annual Budget Act, the department shall establish an enhancement program for awarding grants to counties and private nonprofit organizations that operate a rapid rehousing program. The department shall administer the enhancement program. -(b)The department shall develop guidelines to select four counties or private nonprofit organizations to participate in the enhancement program. Eligible counties and private nonprofit organizations shall include counties and private nonprofit organizations eligible to receive funds from the state pursuant to the federal Emergency Solutions Grants Program (42 U.S.C. Sec. 11371 et seq.) with a demonstrated high funding need. The department shall select counties and private nonprofit organizations by giving priority to those counties or private nonprofit organizations with existing rapid rehousing programs that have demonstrated effectiveness in providing rapid rehousing for individuals and veterans of the United States military experiencing homelessness. -(c)Counties and private nonprofit organizations selected to receive funds pursuant to this section shall comply with the reporting requirements as required by the department under state and federal regulations implementing the Emergency Solutions Grants Program (42 U.S.C. Sec. 11371 et seq.). -(d)The department shall distribute an equal amount of the money received pursuant to this section each year, less any amount deducted for administrative purposes, to each of the selected counties and private nonprofit organizations. -(e)The department may use up to 5 percent of the money received pursuant to this section for the purpose of administering this chapter. -15291. -This chapter shall remain in effect only until July 1, 2018, and as of that date is repealed.","Existing law authorizes various state entities to adopt, amend, or repeal regulations for various specified purposes. The Administrative Procedure Act requires the Office of Administrative Law and a state agency proposing to adopt, amend, or repeal a regulation to review the proposed changes for, among other things, consistency with existing state regulations. -This bill, until January 1, 2020, would require each state agency to, on or before January 1, 2019, review that agency’s regulations, identify any regulations that are duplicative, overlapping, inconsistent, or out of date, revise those identified regulations, as provided, and report to the Legislature and Governor, as specified. -This bill would declare that it is to take effect immediately as an urgency statute. -Existing federal law, the American Recovery and Reinvestment Act of 2009, allocated, until September 30, 2011, $1.5 billion to the federal Department of Housing and Urban Development for the Homelessness Prevention Fund, to be used for homelessness prevention and rapid rehousing. Existing federal law, known as the Emergency Solutions Grants Program, provides grants to states, local governments, and private nonprofit organizations, as specified, for specified housing assistance activities. Existing law, the California Work Opportunity and Responsibility to Kids Act, provides housing supports to individuals if the administering county determines that the individual or his or her family is experiencing homelessness or housing instability that would be a barrier to self-sufficiency or child well-being and declares that it is the intent of the Legislature that housing supports utilize evidence-based models, including those established in the federal Department of Housing and Urban Development’s Homeless Prevention and Rapid Re-Housing Program. -This bill would require the Department of Housing and Community Development to establish, upon appropriation of funds in the annual Budget Act, an enhancement program for awarding grants to counties and private nonprofit organizations that operate a rapid rehousing program. The bill would require the department to develop guidelines to select 4 counties and private nonprofit organizations to receive these grant funds and require that eligible counties and private nonprofit organizations include those that are eligible to receive funds from the state pursuant to the Emergency Solutions Grants Program with a demonstrated high funding need. The bill would require the department to give priority to counties with existing programs that have demonstrated effectiveness in providing rapid rehousing for homeless individuals and veterans. This bill would require the department to distribute this money equally to each of the selected counties and private nonprofit organizations, less an amount of up to 5% deducted for administrative purposes. The bill would repeal these provisions as of July 1, 2018.","An act to add and repeal Chapter 1 (commencing with Section 15290) of Part 6.6 of Division 3 of Title 2 of the Government Code, relating to housing. -An act to add and repeal Chapter 3.6 (commencing with Section 11366) of Part 1 of Division 3 of Title 2 of the Government Code, relating to state agency regulations, and declaring the urgency thereof, to take effect immediately -." -650,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 9880.1 of the Business and Professions Code is amended to read: -9880.1. -The following definitions apply for the purposes of this chapter: -(a) “Automotive repair dealer” means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles. -(b) “Chief” means the Chief of the Bureau of Automotive Repair. -(c) “Bureau” means the Bureau of Automotive Repair. -(d) “Motor vehicle” means a passenger vehicle required to be registered with the Department of Motor Vehicles and all motorcycles whether or not required to be registered by the Department of Motor Vehicles. -(e) “Repair of motor vehicles” means all maintenance of and repairs to motor vehicles performed by an automotive repair dealer including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreement and also excluding repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, except propulsive batteries, windshield wiper blades and other minor accessories, cleaning, adjusting, and replacing spark plugs, replacing fan belts, oil, and air filters, and other minor services, which the director, by regulation, determines are customarily performed by gasoline service stations. -No service shall be designated as minor, for purposes of this section, if the director finds that performance of the service requires mechanical expertise, has given rise to a high incidence of fraud or deceptive practices, or involves a part of the vehicle essential to its safe operation. -(f) “Person” includes firm, partnership, association, limited liability company, or corporation. -(g) An “automotive technician” is an employee of an automotive repair dealer or is that dealer, if the employer or dealer repairs motor vehicles and who for salary or wage performs maintenance, diagnostics, repair, removal, or installation of any integral component parts of an engine, driveline, chassis, or body of any vehicle, but excluding repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, except propulsive batteries, windshield wiper blades, and other minor accessories; cleaning, replacing fan belts, oil and air filters; and other minor services which the director, by regulation, determines are customarily performed by a gasoline service station. -(h) “Director” means the Director of Consumer Affairs. -(i) “Commercial business agreement” means an agreement, whether in writing or oral, entered into between a business or commercial enterprise and an automobile repair dealer, prior to the repair which is requested being made, which agreement contemplates a continuing business arrangement under which the automobile repair dealer is to repair any vehicle covered by the agreement, but does not mean any warranty or extended service agreement normally given by an automobile repair facility to its customers. -(j) “Customer” means the person presenting a motor vehicle for repair and authorizing the repairs to that motor vehicle. “Customer” shall not mean the automotive repair dealer providing the repair services or an insurer involved in a claim that includes the motor vehicle being repaired or an employee or agent or a person acting on behalf of the dealer or insurer. -(k) Prior to January 1, 2018, the director shall adopt comprehensive regulations defining “minor services” as used in this section. -(l) This section shall remain in effect only until January 1, 2018. -SEC. 2. -Section 9880.1 is added to the Business and Professions Code, to read: -9880.1. -The following definitions apply for the purposes of this chapter: -(a) “Automotive repair dealer” means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles. -(b) “Chief” means the Chief of the Bureau of Automotive Repair. -(c) “Bureau” means the Bureau of Automotive Repair. -(d) “Motor vehicle” means a passenger vehicle required to be registered with the Department of Motor Vehicles and all motorcycles whether or not required to be registered by the Department of Motor Vehicles. -(e) (1) “Repair of motor vehicles” means all maintenance of and repairs to motor vehicles performed by an automotive repair dealer including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreement, minor services as determined through regulations adopted by the director, and roadside services. -(2) No service shall be designated as minor, for purposes of this section, if the director finds that performance of the service requires mechanical expertise, has given rise to a high incidence of fraud or deceptive practices, or involves a part of the vehicle essential to its safe operation. Minor services shall not include the changing of propulsive batteries. -(f) “Person” includes firm, partnership, association, limited liability company, or corporation. -(g) An “automotive technician” is an employee of an automotive repair dealer or is that dealer, who for salary or wage repairs motor vehicles as set forth in subdivision (e). -(h) “Director” means the Director of Consumer Affairs. -(i) “Commercial business agreement” means an agreement, whether in writing or oral, entered into between a business or commercial enterprise and an automobile repair dealer, prior to the repair which is requested being made, which agreement contemplates a continuing business arrangement under which the automobile repair dealer is to repair any vehicle covered by the agreement, but does not mean any warranty or extended service agreement normally given by an automobile repair facility to its customers. -(j) “Roadside services” means the services performed upon a motor vehicle for the purpose of transporting the vehicle or to permit it to be operated under its own power, by or on behalf of a motor club holding a certificate of authority pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code or by an operator of a tow truck, as defined in Section 615 of the Vehicle Code, that is owned or operated by a person or entity who possesses a valid motor carrier permit, as described in Section 34620 of the Vehicle Code, and is enrolled in the Basic Inspection of Terminals program, as described in Section 34501.12 of the Vehicle Code. -(k) “Customer” means the person presenting a motor vehicle for repair and authorizing the repairs to that motor vehicle. “Customer” shall not mean the automotive repair dealer providing the repair services or an insurer involved in a claim that includes the motor vehicle being repaired or an employee or agent or a person acting on behalf of the dealer or insurer. -(l) The regulations adopted by the director, prior to January 1, 2018, defining “minor services” for the purposes of this section shall continue in effect on and after January 1, 2018. The director may, thereafter, amend or repeal those regulations, as he or she deems necessary and consistent with this chapter. -(m) This section shall become operative January 1, 2018. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 4. -This act shall become operative only if Senate Bill 778 of the 2015–16 Regular Session, relating to professions and vocations, is enacted and becomes effective on or before January 1, 2017.","Existing law, the Automotive Repair Act, the violation of which is a crime, establishes the Bureau of Automotive Repair under the supervision and control of the Director of Consumer Affairs. Existing law regulates the business of automotive repair and makes it unlawful for any person to be an automotive repair dealer unless registered with the bureau. Existing law defines an automotive repair dealer and an automotive technician as persons who, among other things, repair motor vehicles. -Existing law defines the “repair of motor vehicles” to mean all maintenance of, and repairs to, motor vehicles, except repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, windshield wiper blades, and other minor services. -Existing law defines “automotive technician” as a dealer, or a person employed by a dealer, who performs maintenance, diagnostics, repair, removal or installation of specified integral automotive components, but excluding minor services, as set forth above. -This bill would require the director to adopt regulations prior to January 1, 2018, defining “minor services” for these purposes. -This bill would, until January 1, 2018, include installation of propulsive batteries in the definition of “repair of motor vehicles.” -This bill, commencing January 1, 2018, would recast the definition of “repair of motor vehicles” to delete the listing of the various types of excluded minor services and to specify that minor services do not include the changing of propulsive batteries, and also would exclude roadside services, as defined. The bill would similarly recast the definition of “automotive technician” to delete these references and to delete provisions describing the specific work to be performed by an automotive technician. The bill, commencing January 1, 2018, would include the services performed by an operator of a tow truck owned or operated by a person or entity enrolled in the Basic Inspection of Terminals program, as specified, in the definition of “roadside services.” -This bill would provide that the regulations adopted by the director, prior to January 1, 2018, defining “minor services” continue in effect on and after January 1, 2018. -Because the failure of a person installing propulsive batteries to register as a repair dealer or technician with the bureau would constitute a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -The bill would make the operation of its provisions contingent upon the enactment of SB 778 of the 2015–16 Regular Session.","An act to amend, repeal, and add Section 9880.1 of the Business and Professions Code, relating to automotive repair." -651,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3513 of the Government Code is amended to read: -3513. -As used in this chapter: -(a) “Employee organization” means any organization that includes employees of the state and that has as one of its primary purposes representing these employees in their relations with the state. -(b) “Recognized employee organization” means an employee organization that has been recognized by the state as the exclusive representative of the employees in an appropriate unit. -(c) (1) “State employee” means any civil service employee of the state, and the teaching staff of schools under the jurisdiction of the State Department of Education or the Superintendent of Public Instruction, except managerial employees, confidential employees, supervisory employees, employees of the Department of Human Resources, professional employees of the Department of Finance engaged in technical or analytical state budget preparation other than the auditing staff, professional employees in the Personnel/Payroll Services Division of the Controller’s office engaged in technical or analytical duties in support of the state’s personnel and payroll systems other than the training staff, employees of the Legislative Counsel Bureau, employees of the Bureau of State Audits, employees of the office of the Inspector General, employees of the board, conciliators employed by the California State Mediation and Conciliation Service, employees of the Office of the State Chief Information Officer except as otherwise provided in Section 11546.5, and intermittent athletic inspectors who are employees of the State Athletic Commission. -(2) “State employee” also has the meaning provided by Section 3522.5. -(d) “Mediation” means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion, and advice. -(e) “Managerial employee” means any employee having significant responsibilities for formulating or administering agency or departmental policies and programs or administering an agency or department. -(f) “Confidential employee” means any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information contributing significantly to the development of management positions. -(g) “Supervisory employee” means any individual, regardless of the job description or title, having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend this action, if, in connection with the foregoing, the exercise of this authority is not of a merely routine or clerical nature, but requires the use of independent judgment. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees. -(h) “Board” means the Public Employment Relations Board. The Educational Employment Relations Board shall be renamed the Public Employment Relations Board as provided in Section 3540. The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter. -(i) “Maintenance of membership” means that all employees who voluntarily are, or who voluntarily become, members of a recognized employee organization shall remain members of that employee organization in good standing for a period as agreed to by the parties pursuant to a memorandum of understanding, commencing with the effective date of the memorandum of understanding. A maintenance of membership provision shall not apply to any employee who within 30 days prior to the expiration of the memorandum of understanding withdraws from the employee organization by sending a signed withdrawal letter to the employee organization and a copy to the Controller’s office. -(j) (1) “State employer,” or “employer,” for the purposes of bargaining or meeting and conferring in good faith, means the Governor or his or her designated representatives. -(2) “State employer,” or “employer,” also has the meaning provided by Section 3522.5. -(k) “Fair share fee” means the fee deducted by the state employer from the salary or wages of a state employee in an appropriate unit who does not become a member of and financially support the recognized employee organization. The fair share fee shall be used to defray the costs incurred by the recognized employee organization in fulfilling its duty to represent the employees in their employment relations with the state, and shall not exceed the standard initiation fee, membership dues, and general assessments of the recognized employee organization. -SEC. 2. -Section 3522.5 is added to the Government Code, to read: -3522.5. -(a) This chapter shall apply to the Judicial Council and its employees subject to the provisions of this section. -(b) For the purpose of applying this chapter to the Judicial Council and its employees: -(1) “State employee” means an employee of the Judicial Council, except a managerial, supervisory, or confidential employee, or an excluded employee designated pursuant to subdivision (e). “State employee” does not include a judicial officer or employee of the Supreme Court, the courts of appeal, or the Habeas Corpus Resource Center. -(2) “State employer” or “employer,” for purposes of bargaining or meeting and conferring in good faith, means the Administrative Director of the Courts, or his or her designated representatives, acting with the authorization of the chairperson of the Judicial Council. -(3) References to actions or decisions by the Governor, or his or her designated representative, shall mean actions or decisions by the Administrative Director of the Courts, or his or her designated representative, acting with the authorization of the Chairperson of the Judicial Council. -(c) Sections 3517.5, 3517.6, 3517.63, and 3517.7 shall not apply to the Judicial Council and its employees. -(d) The board, as it determines appropriate bargaining units, shall not include Judicial Council employees in a bargaining unit that includes employees other than those of Judicial Council. -(e) The Judicial Council has the sole authority and discretion to designate state employee positions as excluded positions, provided that managerial, supervisory, confidential, and excluded positions not included in bargaining units under this provision shall not exceed one third of the total authorized Judicial Council positions as stated in the Department of Finance Salaries and Wages Supplement. Designation of the excluded positions under this section shall not be subject to review by the board.","Existing law, the Dills Act, governs collective bargaining between the state and recognized state public employee organizations. Existing law excludes certain employees from coverage under the Dills Act, including, among others, managerial employees, supervisory employees, and confidential employees, as defined. Existing law creates the Public Employment Relations Board and authorizes it, among other things, to determine appropriate state employee bargaining units, as specified. The California Constitution prescribes the membership of the California Supreme Court and requires the Legislature to create appellate court districts, all of which are vested with the judicial power of the state. The California Constitution prescribes the membership and duties of the Judicial Council and authorizes the council to appoint an Administrative Director of the Courts. Existing law creates the Habeas Corpus Resource Center for the purpose of providing representation to people who are convicted and sentenced to death in this state and who are without counsel. -This bill would apply the Dills Act to employees of the Judicial Council, subject to specified exceptions. The bill would define an employee for these purposes as any employee of the Judicial Council, except managerial employees, confidential employees, supervisory employees, and excluded employees, as specified. The bill would grant the Judicial Council the sole authority to designate state employee positions as excluded positions and would prohibit exempted managerial, supervisory, confidential, and excluded positions from exceeding -1/3 -of the total authorized Judicial Council positions as stated in the Department of Finance Salaries and Wages Supplement. The bill would prohibit review of the designation of excluded positions by the Public Employment Relations Board. The bill would also except from the definition of employee a judicial officer or employee of the Supreme Court, the courts of appeal, or the Habeas Corpus Resource Center. The bill would define the employer, for purposes of bargaining or meeting and conferring, as the Administrative Director of the Courts, or his or her designated representatives, acting with the authorization of the chairperson of the Judicial Council. The bill would provide that references in the Dills Act to actions or decisions by the Governor, or his or her designated representative, shall mean actions or decisions by the Administrative Director of the Courts. The bill would prohibit the Public Employment Relations Board from including Judicial Council employees in a bargaining unit that includes employees other than those of the Judicial Council.","An act to amend Section 3513 of, and to add Section 3522.5 to, the Government Code, relating to the Judicial Council." -652,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 48900 of the Education Code, as amended by Section 1 of Chapter 660 of the Statutes of 2014, is amended to read: -48900. -A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive: -(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person. -(2) Willfully used force or violence upon the person of another, except in self-defense. -(b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal. -(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind. -(d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant. -(e) Committed or attempted to commit robbery or extortion. -(f) Caused or attempted to cause damage to school property or private property. -(g) Stole or attempted to steal school property or private property. -(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of his or her own prescription products. -(i) Committed an obscene act or engaged in habitual profanity or vulgarity. -(j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code. -(k) (1) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. -(2) Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended for any of the acts enumerated in this subdivision, and this subdivision shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. This paragraph shall become inoperative on July 1, 2018, unless a later enacted statute that becomes operative before July 1, 2018, deletes or extends that date. -(l) Knowingly received stolen school property or private property. -(m) Possessed an imitation firearm. As used in this section, “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. -(n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code. -(o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both. -(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. -(q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, “hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, “hazing” does not include athletic events or school-sanctioned events. -(r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings: -(1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following: -(A) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property. -(B) Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health. -(C) Causing a reasonable pupil to experience substantial interference with his or her academic performance. -(D) Causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school. -(2) (A) “Electronic act” means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following: -(i) A message, text, sound, or image. -(ii) A post on a social network Internet Web site, including, but not limited to: -(I) Posting to or creating a burn page. “Burn page” means an Internet Web site created for the purpose of having one or more of the effects listed in paragraph (1). -(II) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated. -(III) Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile. -(B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet. -(3) “Reasonable pupil” means a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs. -(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following: -(1) While on school grounds. -(2) While going to or coming from school. -(3) During the lunch period whether on or off the campus. -(4) During, or while going to or coming from, a school-sponsored activity. -(t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a). -(u) As used in this section, “school property” includes, but is not limited to, electronic files and databases. -(v) For a pupil subject to discipline under this section, a superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupil’s specific misbehavior as specified in Section 48900.5. -(w) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities.","Existing law prohibits the suspension, or recommendation for expulsion, of a pupil from school unless the superintendent of the school district or the principal of the school determines that the pupil has committed any of various specified acts, including, but not limited to, engaging in an act of bullying by means of an electronic act. Existing law further defines “electronic act” as both the creation and transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, as specified. -This bill would instead, for purposes of pupil suspension or recommendation for expulsion from a school, define “electronic act” as either the creation or transmission of that communication, as specified.","An act to amend Section 48900 of the Education Code, relating to pupils." -653,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3104 of the Elections Code is amended to read: -3104. -Applications for the ballots of military or overseas voters shall be received and, except as provided in -Section 3106, -Sections 3106, 3106.2, and 3106.5, -the ballots shall be received and canvassed, at the same time and under the same procedure as vote by mail ballots, insofar as that procedure is not inconsistent with this chapter. -SEC. 2. -Section 3105 of the Elections Code is amended to read: -3105. -(a) -Any -An -application made pursuant to this chapter that is received by the elections official prior to the 60th day before the election shall be kept and processed on or after the 60th day before the election. -(b) (1) The elections official shall send the ballot not earlier than 60 days but not later than 45 days before the election and shall include with the ballot a list of all candidates who have qualified for the ballot and a list of all measures that are to be submitted to the voters and on which the voter is qualified to vote. The voter shall be entitled to write in the name of any specific candidate seeking nomination or election to any office listed on the ballot. -(2) The military or overseas voter may, in the alternative to the ballot provided pursuant to paragraph (1), use a federal write-in absentee ballot to vote in any election in which the military or overseas voter is qualified to vote. -(c) Notwithstanding Section 15341 or any other -provision of -law, any name written upon a ballot for a particular office pursuant to subdivision (b) shall be counted for the office or nomination, providing the candidate whose name has been written on the ballot has, as of the date of the election, qualified to have his or her name placed on the ballot for the office, or has qualified as a write-in candidate for the office. -(d) Except as provided in -Section 3106, -Sections 3106, 3106.2, and 3106.5, -the elections official shall receive and canvass military or overseas voter ballots described in this section under the same procedure as vote by mail ballots, insofar as that procedure is not inconsistent with this section. -(e) In the event that a military or overseas voter executes a ballot pursuant to this section and an application for a vote by mail ballot pursuant to Section 3102, the elections official shall process the application and the ballot in accordance with this chapter. -(f) Notwithstanding any other -provision of -law, a military or overseas voter who qualifies pursuant to this chapter may, by facsimile transmission, register to vote and apply for a ballot pursuant to this section or a vote by mail ballot. Upon request, the elections official shall send the ballot to the qualified military or overseas voter either by mail, facsimile, or electronic transmission, as requested by the voter. -SEC. 3. -Section 3106.2 is added to the Elections Code, to read: -3106.2. -(a) A military or overseas voter, as described in subdivision (b) of Section 300, may return his or her vote by mail ballot by electronic mail in the manner prescribed in subdivision (b). To be counted, the ballot returned by electronic mail must be received by the voter’s elections official no later than the closing of the polls on election day and must be accompanied by a copy of an identification envelope containing all of the information required by Section 3011 and an oath of voter declaration in substantially the form described in subdivision (a) of Section 3106. -(b) To submit a ballot by electronic mail, the ballot and accompanying identification envelope and oath of voter declaration must be scanned to create electronic copies of the documents. The electronic copies of the documents shall be included in the electronic mail sent to the elections official as attachments. The Secretary of State shall adopt uniform regulations for the use of electronic mail in returning ballots. -(c) Notwithstanding the voter’s waiver of the right to a secret ballot, each elections official shall adopt appropriate procedures to protect the secrecy of ballots returned by electronic mail. -(d) Upon receipt of a ballot returned by electronic mail, the elections official shall determine the voter’s eligibility to vote by comparing the signature on the scanned copy of the identification envelope with the signature on the voter’s affidavit of registration. The ballot shall be duplicated and all materials preserved according to procedures set forth in this code. -SEC. 4. -Section 3106.5 is added to the Elections Code, to read: -3106.5. -(a) Notwithstanding any other law, a military or overseas voter, as described in subdivision (b) of Section 300, may cast his or her vote on the Internet by electronically marking his or her ballot and securely transmitting the voted ballot to the appropriate elections official using the Internet. To be counted, the voted ballot must be received by the voter’s elections official no later than the closing of the polls on election day. -(b) The Secretary of State shall adopt uniform regulations for military and overseas voters to cast votes using the Internet. -(c) This section shall become operative only if the Secretary of State certifies that he or she has identified and addressed all issues regarding the security of casting a vote using the Internet. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SECTION 1. -Chapter 1.5 (commencing with Section 3050) is added to Division 3 of the -Elections Code -, to read: -1.5. -Electronic Ballot Transmission -3050. -(a)An elections official may send a voter a ballot by secure electronic transmission if the election is conducted wholly within the county.","Existing law requires that a vote by mail ballot be available to any registered voter and specifies the manner by which the ballot must be returned. Existing law permits a military or overseas voter who is temporarily living outside of the territorial limits of the United States or the District of Columbia, or is called to military service, to return his or her vote by mail ballot by facsimile transmission to the elections official. The ballot must be received by the closing of the election day polls and accompanied by an identification envelope and an oath of voter declaration in a prescribed form. Existing law requires a military or overseas voter who returns a ballot by facsimile transmission to agree in an oath of voter declaration under penalty of perjury to waive his or her right to a secret ballot and that he or she has not applied for a vote by mail ballot from any other jurisdiction for the election. The elections official is required to determine the voter’s eligibility to vote by comparing the voter’s signature from the materials returned by facsimile transmission to the signature on the voter’s affidavit of registration. -This bill would permit a military or overseas voter to return his or her ballot by electronic mail, as prescribed. The bill would require the ballot to be accompanied by a copy of an identification envelope and an oath of voter declaration in substantially the form described with respect to facsimile transmission of ballots. This bill would require the elections official to determine the voter’s eligibility to vote by comparing the signature on the scanned copy of the identification envelope with the signature on the voter’s affidavit of registration. -This bill would permit a military or overseas voter to cast his or her vote on the Internet by electronically marking his or her ballot and securely transmitting the voted ballot to the appropriate elections official. To be counted, the voted ballot must be received by the voter’s elections official no later than the closing of the polls on election day. These provisions would become operative only if the Secretary of State certifies that he or she has identified and addressed all issues regarding the security of casting a vote using the Internet. -Because the bill requires elections officials to provide a higher level of service and expands the scope of the crime of perjury, it would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. -Existing law requires that a vote by mail ballot be available to any registered voter. Under existing law, a voter may: (1) return the vote by mail ballot by mail or in person to the elections official from whom it came; (2) return the vote by mail ballot in person to a member of a precinct board at a polling place within the jurisdiction, or (3), if unable to return the vote by mail ballot, designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same household as the vote by mail voter to return the ballot to the elections official from whom it came or to the precinct board at a polling place within the jurisdiction. -This bill would authorize an elections official to send a voter a ballot by secure electronic transmission for an election conducted wholly within the county. This bill would also require a voter who receives a ballot in this manner to print the ballot for return to the elections official.","An act to -amend Sections 3104 and 3105 of, and to -add -Chapter 1.5 (commencing with Section 3050) to Division 3 of -Sections 3106.2 and 3106.5 to, -the Elections Code, relating to elections." -654,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 5.9 (commencing with Section 42360) is added to Part 3 of Division 30 of the Public Resources Code, to read: -CHAPTER 5.9. Plastic Microbeads Nuisance Prevention Law -42360. -The Legislature finds and declares all of the following: -(a) Plastic does not biodegrade into elements or compounds commonly found in nature like other organic materials, but, instead, upon exposure to the elements photodegrades into smaller pieces of plastic causing land and water pollution that is virtually impossible to remediate. -(b) Plastic pollution is the dominant type of anthropogenic debris found throughout the marine environment. -(c) Plastic pollution is an environmental and human health hazard and a public nuisance. -(d) Microplastics that are five millimeters or less in diameter become bioavailable as soon as they enter the marine environment and are ingested by marine organisms. -(e) Microplastics are persistent organic compounds that attract other pollutants commonly present in the environment, many of which are recognized to have serious deleterious impacts on human health or the environment, including DDT, DDE, PCBs, and flame retardants. -(f) PAHs, PCBs, and PBDEs from plastic transfer to fish tissue when ingested and bioaccumulate. -(g) Fish that humans consume have been found to ingest microplastics, which are then ingested by the humans who consume these fish. -(h) Consumer personal care products such as facial scrubs, soaps, and toothpaste increasingly contain thousands of microplastics in the form of plastic microbeads that are flushed down drains or make their way into the environment by other means as part of their intended use. -(i) Plastic microbeads in personal care products are generally not recoverable through ordinary wastewater treatment and can be released into the environment. -(j) Plastic microbeads have been found in surface waters within the United States, as well as in fish, marine mammals, reptiles, mussels, and worms. -(k) There are economically feasible alternatives to plastic microbeads used in personal care products, as evidenced by the current use of biodegradable, natural, abrasive materials in personal care products such as beeswax, shells, nuts, seeds, and sand. -42361. -As used in this chapter, the following terms have the following meanings: -(a) “Person” means an individual, business, or other entity. -(b) (1) “Personal care product” means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced to, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and an article intended for use as a component of that type of article. -(2) “Personal care product” does not include a prescription drug, as defined in Section 110010.2 of the Health and Safety Code. -(c) “Plastic microbead” means an intentionally added solid plastic particle measuring five millimeters or less in every dimension. -42362. -On and after January 1, 2020, a person shall not sell or offer for promotional purposes in this state any personal care products containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, including, but not limited to, toothpaste. -42363. -Section 42362 shall not apply to a person that sells or offers for promotional purposes a personal care product containing plastic microbeads in an amount less than 1 part per million (ppm) by weight. -42364. -(a) A person who violates or threatens to violate Section 42362 may be enjoined in any court of competent jurisdiction. -(b) (1) A person who has violated Section 42362 is liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation in addition to any other penalty established by law. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. -(2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following: -(A) The nature and extent of the violation. -(B) The number of, and severity of, the violations. -(C) The economic effect of the penalty on the violator. -(D) Whether the violator took good faith measures to comply with this chapter and when these measures were taken. -(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole. -(F) Any other factor that justice may require. -(c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, or by a city prosecutor in a city or city and county having a full-time city prosecutor. -(d) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. -42366. -This chapter does not alter or diminish any legal obligation otherwise required in common law or by statute or regulation, and this chapter does not create or enlarge any defense in any action to enforce the legal obligation. Penalties and sanctions imposed pursuant to this chapter shall be in addition to any penalties or sanctions otherwise prescribed by law.","The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from discharging or releasing such a chemical into any source of drinking water, except as specified. Existing law prohibits the sale of expanded polystyrene packaging material by a wholesaler or manufacturer. Existing law prohibits a person from selling a plastic product in this state that is labeled with the term “compostable,” “home compostable,” or “marine degradable” unless, at the time of sale, the plastic product meets the applicable ASTM International standard specification. -This bill would prohibit, on and after January 1, 2020, a person, as defined, from selling or offering for promotional purposes in this state a personal care product containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, as specified. The bill would exempt from those prohibitions the sale or promotional offer of a product containing less than 1 part per million (ppm) by weight of plastic microbeads. -The bill would make a violator liable for a civil penalty not to exceed $2,500 per day for each violation. The bill would authorize the penalty to be assessed and recovered in a civil action brought in any court of competent jurisdiction by the Attorney General or local officials. The bill would require the civil penalties collected in an action brought pursuant to the act to be retained by the office that brought the action.","An act to add Chapter 5.9 (commencing with Section 42360) to Part 3 of Division 30 of the Public Resources Code, relating to waste management." -655,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 48800 of the Education Code is amended to read: -48800. -(a) The governing board of a school district may determine which pupils would benefit from advanced scholastic or vocational work. The intent of this section is to provide educational enrichment opportunities for a limited number of eligible pupils, rather than to reduce current course requirements of elementary and secondary schools, and also to help ensure a smoother transition from high school to college for pupils by providing them with greater exposure to the collegiate atmosphere. The governing board of a school district may authorize those pupils, upon recommendation of the principal of the pupil’s school of attendance, and with parental consent, to attend a community college during any session or term as special part-time or full-time students and to undertake one or more courses of instruction offered at the community college level. -(b) If the governing board of a school district denies a request for a special part-time or full-time enrollment at a community college for any session or term for a pupil who is identified as highly gifted, the governing board of the school district shall issue its written recommendation and the reasons for the denial within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted. -(c) (1) The governing board of a school district may authorize a pupil, upon recommendation of the principal of the pupil’s school of attendance, and with parental consent, to attend a community college during any session or term as a special part-time or full-time student and to undertake one or more STEM courses offered at the community college if that pupil has exhausted all opportunities to enroll in an equivalent course at the high school of attendance, or at an adult education program, continuation school, regional occupational center or program, or any other program offered by that school district. -A principal shall consult with a pupil’s teachers in the appropriate subjects before making a recommendation under this subdivision. -(2) As used in this section, a “STEM course” is a course in science, technology, engineering, or mathematics. -(d) A pupil shall receive credit for each community college course that he or she completes at the level determined appropriate by the governing boards of the school district and community college district. -(e) (1) The principal of a school may recommend a pupil for community college summer session only if that pupil meets both of the following criteria: -(A) Demonstrates adequate preparation in the discipline to be studied. -(B) Exhausts all opportunities to enroll in an equivalent course, if any, at his or her school of attendance. -(2) For any particular grade level, a principal shall not recommend for community college summer session attendance more than 5 percent of the total number of pupils who completed that grade immediately before the time of recommendation. -(3) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2 of Title 2, compliance with this subdivision shall not be waived. -SEC. 2. -Section 48801.5 is added to the Education Code, to read: -48801.5. -(a) (1) (A) The governing board of a community college district may enter into a formal partnership with a school district or school districts located within its immediate service area in order to provide secondary school pupils who have exhausted all opportunities to enroll in an equivalent STEM course at the high school of attendance, adult education program, continuation school, regional occupational center or program, or any other program offered by the school district, with the opportunity to benefit from a STEM course. A secondary school pupil, upon notification of the principal of the pupil’s school of attendance that the pupil has exhausted all opportunities to enroll in an equivalent course at the high school of attendance, adult education program, continuation school, regional occupational center or program, or any other program offered by that school district, and with parental consent if the pupil is under 18 years of age, may attend a community college during any session or term as a special part-time or full-time student. -(B) As used in this section, a “STEM course” is a course in science, technology, engineering, or mathematics. -(2) A participating community college district shall adopt a partnership agreement with each school district partner. The partnership agreement shall be approved by the governing board of the community college district and the governing board of the school district. As a condition -of -of, -and before -adopting -adopting, -a partnership agreement, a community college district and a school -district, at a -district shall do both of the following: -(A) Present the adoption of the partnership agreement as an information item at -regularly scheduled open public -hearing -hearings -of their respective governing -boards, shall -boards. -(B) At regularly scheduled open public hearings of their respective governing boards held subsequent to the hearings referenced in subparagraph (A), -take testimony from the public and approve or disapprove the proposed partnership agreement. -(3) (A) The partnership agreement shall outline the terms of the partnership and may include, but not necessarily be limited to, the scope, nature, and schedule of the STEM courses offered, the academic readiness of pupils that is necessary for them to benefit from the STEM courses offered, and the ability of pupils to benefit from those STEM courses. -The partnership agreement shall certify that its implementation shall not violate any applicable collective bargaining agreement with respect to either the community college district or the school district. -The partnership agreement may establish protocols for information sharing and joint facilities use. -(B) A copy of the partnership agreement shall be filed with the department and with the Office of the Chancellor of the California Community Colleges before the start of a program authorized by this section. -(4) It is the intent of the Legislature, in enacting this section, to provide a smoother transition from high school to college for pupils by providing them with greater exposure to the collegiate atmosphere and to maximize the educational opportunities available to California’s secondary school pupils by encouraging programs and partnerships between school districts and community college districts. -(5) A pupil shall receive credit for community college courses that he or she completes at the level determined to be appropriate by the governing boards of the school district and the community college district pursuant to the partnership agreement as described in paragraph (2). -(b) (1) A community college district shall not receive a state allowance or apportionment for an instructional activity for which a school district has been, or shall be, paid an allowance or apportionment. -(2) The attendance of a pupil at a community college as a special part-time or full-time student pursuant to this section is authorized attendance for which the community college shall be credited or reimbursed pursuant to Section 48802 or 76002, provided that no school district has received reimbursement for the same instructional activity. Credit for courses completed shall be at the level determined to be appropriate by the governing boards of the school district and the community college district pursuant to the partnership agreement as described in paragraph (2) of subdivision (a). -(c) For purposes of this section, a special part-time student may enroll in up to, and including, 11 units per semester, or the equivalent thereof, at the community college he or she attends. -(d) Notwithstanding subdivision (e) of Section 76001, for purposes of this section, the governing board of a community college district may assign an enrollment priority to pupils admitted as special part-time or full-time students under this section. In assigning an enrollment priority, the community college district shall ensure that pupils admitted under this provision do not displace regularly admitted community college students. -(e) Community college districts and school districts that enter into a partnership pursuant to this section shall be exempt from concurrent enrollment provisions pursuant to subdivisions (a) and (b) of, and paragraphs (1) and (2) of subdivision (e) of, Section 48800. -(f) (1) For each partnership entered into pursuant to this section, the affected community college district and school district shall report annually to the Office of the Chancellor of the California Community Colleges all of the following information: -(A) The total number of secondary school pupils enrolled in each program, classified by the school district. -(B) The total number of successful course completions of secondary school pupils enrolled in each program, classified by the school district. -(C) The total number of successful course completions of students in courses equivalent to those courses tracked under subparagraph (B) in the general community college curriculum. -(2) Notwithstanding Section 10231.5 of the Government Code, the annual report required by this subdivision shall be transmitted by the Office of the Chancellor of the California Community Colleges to all of the following: -(A) The Legislature, in accordance with Section 9795 of the Government Code. -(B) The Director of Finance. -(C) The Superintendent. -(D) The governing board of each participating community college district. -(E) The governing board of each participating school district.","(1) Existing law authorizes the governing board of a school district to allow pupils whom the district has determined would benefit from advanced scholastic or vocational work to attend community college as special part-time or full-time students, subject to recommendation by the school principal and parental permission. -This bill would authorize the governing board of a school district to authorize a pupil, upon recommendation of the principal of the pupil’s school of attendance, and with parental consent, to attend a community college during any session or term as a special part-time or full-time student and to undertake one or more STEM courses, as defined to mean courses in science, technology, engineering, or mathematics, offered at the community college if that pupil has exhausted all opportunities to enroll in an equivalent course at the high school of attendance, or at an adult education program, continuation school, regional occupational center or program, or any other program offered by that school district. -The bill also would authorize the governing board of a community college district to enter into a formal partnership with a school district or school districts located within its immediate service area to allow secondary school pupils to attend a community college if those pupils have exhausted all opportunities to enroll in an equivalent STEM course at the high school of attendance, adult education program, continuation school, regional occupational center or program, or any other program offered by that school district. -The bill would require the partnership agreement to outline the terms of the partnership, as specified. The bill would require a community college district and a school district, as a condition of -, -and before adopting -, -a partnership agreement, to -present the adoption of the partnership agreement as an information item at regularly scheduled open meetings of their respective governing boards, and to -take testimony from the public and approve or disapprove the proposed partnership agreement at -a -subsequent -regularly scheduled open public -hearing -hearings -of their respective governing boards. The bill would require, for each partnership entered into under the bill, the affected community college district and school district to file an annual report, containing specified data, with the Office of the Chancellor of the California Community Colleges, which would transmit this annual report to the Legislature, the Director of Finance, the Superintendent of Public Instruction, and the governing boards of the participating school districts and community college districts, as specified. -(2) Existing law requires the governing board of a community college district to assign a low enrollment priority to a pupil attending community college pursuant to a recommendation from his or her principal or school district or a petition from his or her parents, in order to ensure that these pupils, admitted as special part-time or full-time students, do not displace regularly admitted students. -This bill would authorize the governing board of a community college district to assign an enrollment priority to pupils attending community college pursuant to a partnership agreement established under the bill. The bill would require community college districts, in assigning an enrollment priority under this provision, to ensure that these pupils do not displace regularly admitted community college students. -The bill would prohibit a community college district from receiving an allowance or apportionment for an instructional activity for which a school district has been, or will be, paid. -(3) This bill would also make various nonsubstantive changes, and delete obsolete provisions.","An act to amend Section 48800 of, and to add Section 48801.5 to, the Education Code, relating to public schools." -656,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) According to data released by the U.S. Census Bureau, without a high school diploma, Americans are almost twice as likely to live in poverty. -(2) Several independent academic studies indicate a marked increase in school participation and graduation rates among children who were guaranteed transportation to and from school. -(3) Research shows that pupils, especially girls, benefit from improved health and academic outcomes when they participate in after school programs. -(4) There is recent evidence suggesting that increasing access to books can even mitigate the effects of poverty on school achievement and literacy development. -(5) According to a recent report by California Attorney General Kamala Harris, poverty and financial instability is the number one cause of truancy in the state. -(6) Participation in a summer youth job program has been proven to increase the high school graduation rate of children in low-income homes. -(b) Based on the findings and declarations in subdivision (a), it is the intent of the Legislature to enact legislation that would support school participation and high school attainment among low-income youth. -SEC. 2. -Section 8482.6 of the -Education Code -is amended to read: -8482.6. -Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article is not required to charge family fees or conduct individual eligibility determination based on need or income. If a program established pursuant to this article does charge family fees, the program shall not charge a fee to a family with a child who is identified as a homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), or to a family who is part of a CalWORKs assistance unit, as described in subdivision (a) of Section 11265.45 of the Welfare and Institutions Code. -SEC. 3. -Section 8483 of the -Education Code -is amended to read: -8483. -(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan. -(2)It is the intent of the Legislature that elementary school pupils participate in the full day of the program every day during which pupils participate and that pupils in middle school or junior high school attend a minimum of nine hours a week and three days a week to accomplish program goals. -(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. -(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7. -(c)Priority for enrollment of pupils in an after school program shall be as follows: -(1)First priority shall go to pupils who are identified as homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). -(2)Second priority shall go to pupils who are members of a CalWORKs assistance unit, as described in subdivision (a) of Section 11265.45 of the Welfare and Institutions Code. -(3) For programs serving middle and junior high school pupils, third priority shall go to pupils who attend daily. -SEC. 4. -Section 8483.1 of the -Education Code -is amended to read: -8483.1. -(a)(1)Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program. -(2)(A)It is the intent of the Legislature that elementary school pupils participate in the full day of the program every day during which pupils participate and that pupils in middle school or junior high school attend a minimum of six hours a week or three days a week to accomplish program goals, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary. -(B)A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance. -(3)In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. -(b)The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75. -(c)Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants. -(d)Priority for enrollment of pupils in a before school program shall be as follows: -(1)First priority shall go to pupils who are identified as homeless youth, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). -(2)Second priority shall go to pupils who are members of a CalWORKs assistance unit, as described in subdivision (a) of Section 11265.45 of the Welfare and Institutions Code. -(3) For programs serving middle and junior high school pupils, third priority shall go to pupils who attend daily. -SEC. 5. -SEC. 2. -Section 39800.1 is added to the Education Code, to read: -39800.1. -(a) Notwithstanding any other law, a pupil entitled to free or reduced-price meals, as that term is used in Section 42238.01, or who attends a school that participates in the Community Eligibility Option, shall be entitled to free transportation, from the local educational agency, to and from school, if either of the following conditions are met: -(1) The pupil resides more than one-half mile from the school. -(2) The neighborhood through which the pupil must travel to get to school is unsafe because of stray dogs, no sidewalks, known gang activity, or another reason documented by stakeholders pursuant to paragraph (c). -(b) (1) A local educational agency shall designate a liaison that shall be responsible for implementing a plan to ensure that all pupils entitled to free transportation pursuant to subdivision (a) receive the transportation in a timely manner. -(2) The liaison shall be trained to identify and accommodate the special rights of homeless youth, as defined to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), and pupils in a CalWORKs assistance unit, as described in Section 11265.45 of the Welfare and Institutions Code. -(c) (1) The plan required by paragraph (1) of subdivision (b) shall be developed with the consultation of teachers, school administrators, regional local transit authorities, the Air Resources Board, the Department of Transportation, parents, pupils, and other stakeholders. -(2) The plan shall address the ability of pupils in the local educational agency’s jurisdiction to make regular visits to the public library. -(d) If free, dependable, and timely transportation is not available for pupils entitled to transportation services pursuant to this section, the local educational agency shall ensure that free transportation be provided using its existing funds. -SEC. 6. -Article 3.7 (commencing with Section 11340) is added to Chapter 2 of Part 3 of Division 9 of the -Welfare and Institutions Code -, to read: -3.7. -Low-Income Youth Benefits -11340. -(a)The department shall, in coordination with the State Department of Education, identify a method and utilize that method to track the high school completion rates of children in an assistance unit. The department shall report to the Legislature no later than July 1, 2016, if a change in statute is required in order to track high school completion rates of children in an assistance unit. -(b)The department shall make publicly available an aggregate report of the high school completion rates tracked by the department pursuant to subdivision (a). -11341. -To incentivize completion of high school or the equivalent for recipients of aid 19 years of age and under, those recipients shall, upon verification that the recipient has obtained a high school diploma or its equivalent, receive a two-hundred-dollar ($200) supplement to the amount of aid paid pursuant to Section 11450. The supplement shall be paid directly to the recipient and shall be disregarded as income in determining the income of the assistance unit and the income of the CalFresh household if the recipient is receiving CalFresh. Cal-Learn participants who are already eligible for a similar incentive under Article 3.5 (commencing with Section 11331) are not eligible for the supplement established in this subdivision. -11342. -To support educational outcomes and physical fitness of children in an assistance unit, a child in an assistance unit shall receive, in advance, a transportation service supplement to the amount of aid paid pursuant to Section 11450, as determined by the department, to pay for transportation services in order for the child to participate in an After School Education and Safety Program (ASES) established pursuant to Section 8482 of the Education Code. -11343. -To support educational outcomes of children in an assistance unit, the department shall coordinate with county human services agencies and the State Department of Health Care Services to annually inform assistance units of the need to have a child’s vision regularly examined and how to schedule an appointment with an optometrist for children receiving Medi-Cal benefits. -11344. -(a)The department shall, in consultation with county human services agencies, programs created under the federal Workforce Investment and Opportunity Act, State Community Services Block Grant (CSBG) offices, and local CSBG entities, design a youth subsidized employment program for youth 15 to 19 years of age, inclusive, who are eligible for benefits under this chapter and needy youth, as defined in subdivision (b). The program shall provide paid employment, occupational skills training, and other relevant services. The payment for employment and services provided under this section shall be subject to the same financial participation as payment under subdivision (a) of Section 11450. -(b)For the purposes of this section, “needy youth” mean individuals 18 to 24 years of age, inclusive, whose family income, which may include the youth living alone, is less than 200 percent of the federal poverty level. -(c)All employers and caseworkers involved in this program shall be trained in trauma-informed care and restorative justice practices. -(d)Income earned through the program created pursuant to this section shall be disregarded as income in determining eligibility for, or the amount of, aid under this section. -SEC. 7. -Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and until January 1, 2018, the State Department of Social Services may implement Section 6 of this act by all-county letters or similar instructions. Thereafter, the State Department of Social Services shall adopt regulations to implement Section 6 of this act on or before January 1, 2018. -SEC. 8. -No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act. -SEC. 9. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1)The After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act gives priority enrollment in both after school and before school programs to pupils in middle school or junior high school who attend daily. -This bill would instead give first priority enrollment to homeless youth, as defined, 2nd priority enrollment to pupils in CalWORKs assistance units, as described, and 3rd priority enrollment, for programs serving middle and junior high school pupils, to pupils who attend the program daily. -The act provides that an after school and before school program is not required to charge family fees or conduct individual eligibility determination based on need or income. -This bill would prohibit a program that charges family fees from charging a fee to a family with a homeless youth or a family who is part of a CalWORKs assistance unit. -(2)Existing -Existing -law authorizes the governing board of a school district to provide for the transportation of pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist to do so. -This bill would require a pupil entitled to free or reduced-price meals, or who attends a school that participates in the Community Eligibility Option, to be entitled to free transportation to and from school provided by the local educational agency, if certain conditions are met. The bill would require the local educational agency to designate a liaison to implement a plan, in consultation with specified stakeholders, to ensure that all entitled pupils receive free transportation in a timely manner. -By requiring new duties on a local educational agency, the bill would impose a state-mandated local program. -(3)Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients. -This bill would require that a $200 supplement to the amount of cash aid provided under the program be paid to a CalWORKs recipient 19 years of age and under, upon verification that the recipient has obtained a high school diploma or its equivalent. -The bill would also, among other things, require the State Department of Social Services, in coordination with the State Department of Education, to identify a method and to use that method to track the high school completion rates of children in an assistance unit, and to make publicly available an aggregate report of these high school completion rates tracked by the department. -The bill would require the State Department of Social Services to, in consultation with specified entities, design a youth subsidized employment program for youth 15 to 19 years of age, inclusive, who are eligible for benefits under this bill and needy youth, as defined, and would require the program to provide paid employment, occupational skills training, and other relevant services. -The bill would require a child in an assistance unit to receive, in advance, a transportation service supplement to the amount of cash aid provided under the program to pay for transportation services in order for the child to participate in an After School Education and Safety Program (ASES). -By increasing county administrative duties, the bill would impose a state-mandated local program. -The bill would authorize the State Department of Social Services to implement the above provisions by all-county letters or similar instructions until regulations are adopted and would require the department to adopt regulations on or before January 1, 2018. -(4)Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. -This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill. -(5)The -The -California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to -amend Sections 8482.6, 8483, and 8483.1 of, and to -add Section 39800.1 -to, -to -the Education Code, -and to add Article 3.7 (commencing with Section 11340) to Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, -relating to -low-income youth benefits -pupil services -." -657,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25200 of the Business and Professions Code is repealed. -SEC. 2. -Section 25200 is added to the Business and Professions Code, to read: -25200. -(a) A package or sealed container of beer shall not be sold in this state without having a label affixed to such package or container. The label shall meet the requirements of federal malt beverage labeling regulations contained in Parts 7 and 16 of Title 27 of the Code of Federal Regulations, regardless of whether the label is subject to approval by the federal Alcohol and Tobacco Tax and Trade Bureau or any successor agency. -(b) (1) In addition to label requirements pursuant to subdivision (a), if not already included, the following information shall appear on the label: -(A) The brand, and class or type, of beer. -(B) The true and correct name and address of the manufacturer of the beer. For purposes of this provision, if multiple beer manufacturers are involved in the production of the beer pursuant to a joint venture or other collaborative arrangement, each of those manufacturers may be identified on the label. -(C) The true and correct name of the bottler of the beer, if other than the manufacturer. -(D) A statement of alcoholic content if the beer contains more than 5.7 percent alcohol by volume. -(2) For purposes of this subdivision, the true and correct name of a manufacturer, bottler, or packager shall be deemed to include a fictitious business name for which the manufacturer, bottler, or packager has duly filed a fictitious business name statement pursuant to Section 17900. -(c) Prior to the first sale of a brand of beer in this state, the manufacturer of that beer shall register the brand with the department. Upon the filing of the registration with the department, the brand may be sold in this state without further action by the department. The registration shall include the following: -(1) The true name and address of the actual manufacturer of the beer. -(2) Any fictitious business name of the manufacturer under which the beer is manufactured. -(3) The class or type of beer and all brand names under which the beer is to be sold in this state. -(4) If manufactured under contract for another beer manufacturer or other person, the true name of such other beer manufacturer or person. -(5) If manufactured pursuant to a joint venture or other collaborative arrangement, the name and address of all manufacturers involved in the joint venture or other collaborative arrangement. -(d) The manufacturer of the beer shall be responsible for compliance with the requirements of this section. In the case of beer manufactured pursuant to a joint venture or other collaborative arrangement, only the actual manufacturer of the beer need comply. -(e) If beer is sold or offered for sale in this state without first complying with the provisions of this section, or violates any other provision of this division, the department may take such action as it deems reasonable and necessary, including, but not limited to, ordering that the beer no longer be sold or offered for sale until such time as the requirements of this section are complied with. Nothing in this section shall be deemed to prohibit the department from permitting beer that is sold or offered for sale in this state that does not comply with the requirements of this section to continue to be sold or offered for sale for a reasonable period of time to allow the manufacturer to meet the requirements of this section. -SEC. 3. -Section 25201 is added to the Business and Professions Code, to read: -25201. -(a) A manufacturer, importer, or wholesaler of beer shall not use a container or carton as a package or container of a beer other than the beer as is manufactured by the manufacturer whose name or brand of beer appears upon the container or carton, or use as a package or container of a beer a container or carton which bears the name of a manufacturer of beer or the brand of any beer other than those of the manufacturer of the beer contained in the container or carton. -(b) A beer manufacturer that refills any container supplied by a consumer shall affix a label that complies with this section on the container prior to its resale to the consumer. Any information concerning any beer previously packaged in the container, including, but not limited to, information regarding the manufacturer and bottler of the beer, or any associated brands or trademarks, shall be removed or completely obscured in a manner not readily removable by the consumer prior to the resale of the container to the consumer. This subdivision does not authorize a beer manufacturer to refill a container supplied by a consumer with a capacity of five liquid gallons or more. -SEC. 4. -Section 25204 of the Business and Professions Code is repealed. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Alcoholic Beverage Control Act imposes various requirements relating to the labels and containers of alcoholic beverages sold within the state, including a requirement that every manufacturer or bottler of beer whose beer is sold within the state file with the Department of Alcoholic Beverage Control the brand name or names under which the beer is sold or labeled, as provided. The act provides that a violation of its provisions is a misdemeanor if not otherwise specified. -This bill would require a manufacturer, before the first sale of a brand of beer in this state, to register the brand with the department, as specified, and would make the manufacturer responsible for compliance with labeling and registration requirements. The bill, if beer is sold or offered for sale in this state without first complying with these provisions or other provisions of the act, would authorize the department to take action it deems reasonable and necessary including, but not limited to, ordering that the beer not be sold, or allowing it to be sold for a reasonable time, until these requirements are met. -This bill, by expanding the scope of an existing crime, would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 25201 to, to repeal Section 25204 of, and to repeal and add Section 25200 of, the Business and Professions Code, relating to alcoholic beverages." -658,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 16428.25 is added to the Government Code, immediately following Section 16428.2, to read: -16428.25. -(a) The Attorney General or the Public Utilities Commission shall enter into an energy settlement agreement solely on a monetary basis. The energy settlement agreement shall not include any nonmonetary compensation in lieu of monetary compensation. -(b) The section does not apply to a settlement agreement entered into before January 1, 2016. -SEC. 2. -Section 16428.3 of the Government Code is amended to read: -16428.3. -Any energy settlement agreement entered into by the Attorney General, after reimbursing the Attorney General’s litigation and investigation expenses, to the maximum extent possible, shall direct settlement funds to the following purposes in priority order: -(a) To reduce ratepayer costs of those utility ratepayers harmed by the actions of the settling parties. To the extent the ratepayers of the investor-owned utilities were harmed, the settlement funds shall be directed to reduce their costs, to the maximum extent possible, through reduction of rates or the reduction of ratepayer debt obligations incurred as a result of the energy crisis. -(b) For deposit in the fund. -SEC. 3. -Section 16428.5 of the Government Code is amended to read: -16428.5. -Moneys in the fund shall be expended upon appropriation by the Legislature, for the benefit of ratepayers. Moneys in the fund shall be appropriated for the following purposes: -(a) To reduce rates for customers in the affected service areas of electrical utilities and gas utilities. -(b) To reduce the debt service on bonds issued pursuant to Division 27 (commencing with Section 80000) of the Water Code. -SEC. 4. -Section 453.5 of the Public Utilities Code is amended to read: -453.5. -(a) (1) If the commission orders rate refunds to be distributed, the commission shall require public utilities to pay refunds to all current utility customers, and, when practicable, to prior customers, on an equitable pro rata basis without regard as to whether or not the customer is classifiable as a residential or commercial tenant, landlord, homeowner, business, industrial, educational, governmental, nonprofit, agricultural, or any other type of entity. -(2) For the purposes of this section, “equitable pro rata basis” means in proportion to the amount originally paid for the utility service involved, or in proportion to the amount of the utility service actually received. -(3) This section shall not prevent the commission from authorizing refunds to residential and other small customers to be based on current usage. -(b) (1) The commission shall not distribute or expend the proceeds of claims in any litigation or settlement to obtain ratepayer recovery for the effects of the 2000–02 energy crisis. -(2) Proceeds of any claims recovered by the commission arising out of the energy crisis of 2000–02, after reimbursing the commission’s litigation and investigation expenses, to the maximum extent possible, shall be deposited into the Ratepayer Relief Fund established pursuant to Section 16428.15 of the Government Code and expended, upon appropriation, for purposes set forth in Section 16428.5 of the Government Code. -SEC. 5. -Section 1759 of the Public Utilities Code is amended to read: -1759. -(a) No court of this state, except the Supreme Court and the court of appeal, to the extent specified in this article, shall have jurisdiction to review, reverse, correct, or annul an order or decision of the commission or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the commission in the performance of its official duties, as provided by law and the rules of court. -(b) The writ of mandamus shall lie from the Supreme Court and from the court of appeal to the commission in all proper cases as prescribed in Section 1085 of the Code of Civil Procedure. -(c) This section does not apply to the following actions, which may be brought in superior court: -(1) An action brought against the commission to enforce the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). -(2) An action arising from the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) or to review a determination made under subdivision (c) of Section 6253 of the Government Code. -SEC. 6. -(a) With regard to Section 5 of this act, the Legislature finds and declares all of the following: -(1) On June 3, 2014, California’s Fourth District Court of Appeal, in Disenhouse v. Peevey (2014) 226 Cal.App.4th 1096, held that an interested person desiring to enforce the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) against the Public Utilities Commission must do so by filing a petition for writ of mandamus in the Supreme Court or the court of appeal and may not do so by filing an action for injunctive relief in the superior court. -(2) Also in 2014, the Public Utilities Commission argued in the Superior Court of San Francisco that Section 1759 of the Public Utilities Code prevents the superior court from ordering the commission to provide the City of San Bruno, pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), with emails documenting improper communications between commissioners and utility executives. -(3) The Public Utilities Commission continues to maintain the position that the superior court does not have jurisdiction to hear actions arising out of the California Public Records Act, and has cited the Disenhouse case defending this position. -(4) The intent of the Bagley-Keene Open Meeting Act is that actions of state agencies be taken openly and that their deliberation be conducted openly. -(5) The intent of the California Public Records Act is to protect the fundamental right of every person in this state to access information concerning the conduct of the people’s business. -(6) The people’s right to remain informed so that they may retain control over the instruments of government that they have created is not less of a right for some agencies than for other agencies, nor shall the people’s ability to enforce the Bagley-Keene Open Meeting Act and the California Public Records Act be more hampered for some agencies than for other agencies. -(7) The duties, responsibilities, and actions of the Public Utilities Commission affect the well-being of current and future generations, and the public interest and principles of fundamental fairness and due process of law require that the commission conduct its affairs in an open, objective, and impartial manner, free of undue influence and the abuse of power and authority. -(b) It is the intent of the Legislature that the Public Utilities Commission should be subject to the judicial review provisions of the Bagley-Keene Open Meeting Act and the California Public Records Act. -SEC. 7. -Sections 1, 2, 3, and 4 of this act do not apply to any claims brought by an electrical corporation, as defined in Section 218 of the Public Utilities Code, that arise from the energy crisis of 2000–02.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. When the commission orders rate refunds to be distributed, existing law requires the commission to require the public utility to pay refunds to all current utility customers, and, when practicable, to prior customers, on an equitable pro rata basis without regard as to whether or not the customer is classifiable as a residential or commercial tenant, landlord, homeowner, business, industrial, educational, governmental, nonprofit, agricultural, or any other type of entity. -Existing law establishes the Ratepayer Relief Fund in the State Treasury to benefit electricity and natural gas ratepayers and to fund investigation and litigation costs of the state in pursuing allegations of overcharges and unfair business practices against generators, suppliers, or marketers of electricity or natural gas arising from the energy crisis of 2000–02. Existing law requires that any energy settlement agreement, as defined, entered into by the Attorney General, after reimbursing the Attorney General’s litigation and investigation expenses, direct settlement funds to the following purposes in priority order: (1) to reduce ratepayer costs of those utility ratepayers harmed by the actions of the settling parties; and (2) for deposit in the Ratepayer Relief Fund. Existing law authorizes the moneys deposited in the Ratepayer Relief Fund to be appropriated for certain purposes for the benefit of ratepayers. -This bill would require the Attorney General or the Public Utilities Commission to enter into an energy settlement agreement solely on a monetary basis and would prohibit the agreement from including nonmonetary compensation in lieu of monetary compensation. The bill would prohibit the commission from distributing or expending the proceeds of claims in any litigation or settlement to obtain ratepayer recovery for the effects of the 2000–02 energy crisis and would require that the proceeds, after reimbursing the commission’s litigation and investigation expenses, be deposited into the Ratepayer Relief Fund. The bill would require the moneys in the fund to be appropriated for those purposes for the benefit of ratepayers. -The California Constitution provides that the Legislature has plenary power to establish the manner and scope of review of commission action in a court of record. Existing law provides that only the Supreme Court and the court of appeal have jurisdiction to review, reverse, correct, or annul any order or decision of the commission or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the commission in the performance of its official duties. -This bill would authorize an action to enforce the requirements of the Bagley-Keene Open Meeting Act or the California Public Records Act to be brought against the commission in the superior court.","An act to amend Sections 16428.3 and 16428.5 of, and to add Section 16428.25 to, the Government Code, and to amend Sections 453.5 and 1759 of the Public Utilities Code, relating to public utilities." -659,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) California law grants the superior courts jurisdiction to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act, including the juvenile, probate, and family court divisions of the superior court. These courts are empowered to make the findings necessary for a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile under federal law. -(2) Special immigrant juvenile status, under the federal Immigration and Nationality Act, offers interim relief from deportation to undocumented immigrant children under 21 years of age, if a state juvenile court has made specific findings. -(3) The findings necessary for a child to petition for classification as a special immigrant juvenile include, among others, a finding that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law, and a finding that it is not in the child’s best interest to be returned to his or her country of origin. -(4) Despite recent changes to law that eliminate ambiguity regarding the jurisdiction of superior courts to make the findings necessary to petition for special immigrant juvenile status, misalignment between state and federal law continues to exist. -(5) Federal law allows a person under 21 years of age, who otherwise meets the requirements for special immigrant juvenile status, to file for relief as a special immigrant juvenile. In California, however, individuals who are between 18 and 21 years of age have largely been unable to obtain the findings from the superior court necessary to seek special immigrant juvenile status and the relief that it was intended to afford them, solely because probate courts cannot take jurisdiction of individuals 18 years of age or older by establishing a guardianship of the person. This is true despite the fact that many unaccompanied immigrant youth between 18 and 21 years of age face circumstances identical to those faced by their younger counterparts. -(6) Given the recent influx of unaccompanied immigrant children arriving to the United States, many of whom have been released to family members and other adults in California and have experienced parental abuse, neglect, or abandonment, it is necessary to provide an avenue for these unaccompanied children to petition the probate courts to have a guardian of the person appointed beyond reaching 18 years of age. This is particularly necessary in light of the vulnerability of this class of unaccompanied youth, and their need for a custodial relationship with a responsible adult as they adjust to a new cultural context, language, and education system, and recover from the trauma of abuse, neglect, or abandonment. These custodial arrangements promote permanency and the long-term well-being of immigrant children present in the United States who have experienced abuse, neglect, or abandonment. -(7) Guardianships of the person may be necessary and convenient for these individuals between 18 and 21 years of age, although a youth for whom a guardian has been appointed retains the rights that an adult may have under California law. -(b) It is the intent of the Legislature to give the probate court jurisdiction to appoint a guardian for a person between 18 and 21 years of age in connection with a special immigrant juvenile status petition. It is further the intent of the Legislature to provide an avenue for a person between 18 and 21 years of age to have a guardian of the person appointed beyond 18 years of age in conjunction with a request for the findings necessary to enable the person to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile. -SEC. 2. -Section 1490 of the Probate Code is amended to read: -1490. -Except as set forth in Section 1510.1, when used in any statute of this state with reference to an adult or to the person of a married minor, “guardian” means the conservator of that adult or the conservator of the person in case of the married minor. -SEC. 3. -Section 1510.1 is added to the Probate Code, to read: -1510.1. -(a) (1) With the consent of the proposed ward, the court may appoint a guardian of the person for an unmarried individual who is 18 years of age or older, but who has not yet attained 21 years of age in connection with a petition to make the necessary findings regarding special immigrant juvenile status pursuant to subdivision (b) of Section 155 of the Code of Civil Procedure. -(2) A petition for guardianship of the person of a proposed ward who is 18 years of age or older, but who has not yet attained 21 years of age may be filed by a relative or any other person on behalf of the proposed ward, or the proposed ward. -(b) (1) At the request of, or with the consent of, the ward, the court may extend an existing guardianship of the person for a ward past 18 years of age, for purposes of allowing the ward to complete the application process with the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code. -(2) A relative or any other person on behalf of a ward, or the ward, may file a petition to extend the guardianship of the person for a period of time not to extend beyond the ward reaching 21 years of age. -(c) This section does not authorize the guardian to abrogate any of the rights that a person who has attained 18 years of age may have as an adult under state law, including, but not limited to, decisions regarding the ward’s medical treatment, education, or residence, without the ward’s express consent. -(d) For purposes of this division, the terms “child,” “minor,” and “ward” include an unmarried individual who is younger than 21 years of age and who, pursuant to this section, consents to the appointment of a guardian or extension of a guardianship after he or she attains 18 years of age. -(e) The Judicial Council shall, by July 1, 2016, adopt any rules and forms needed to implement this section. -SEC. 4. -Section 1600 of the Probate Code is amended to read: -1600. -(a) A guardianship of the person or estate or both terminates when the ward attains majority unless, pursuant to Section 1510.1, the ward requests the extension of, or consents to the extension of, the guardianship of the person until the ward attains 21 years of age. -(b) A guardianship of the person terminates upon the death of the ward, the adoption of the ward, or upon the emancipation of the ward under Section 7002 of the Family Code. -SEC. 5. -Section 1601 of the Probate Code is amended to read: -1601. -Upon petition of the guardian, a parent, the minor ward, or, in the case of an Indian child custody proceeding, an Indian custodian or the ward’s tribe, the court may make an order terminating the guardianship if the court determines that it is in the ward’s best interest to terminate the guardianship. Upon petition of a ward who is 18 years of age or older, the court shall make an order terminating the guardianship. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.","Existing federal law, the Immigration and Nationality Act, establishes a procedure for classification of certain aliens as special immigrants who have been declared dependent on a juvenile court, and authorizes those aliens to apply for an adjustment of status to that of a lawful permanent resident within the United States. Under federal regulations, an alien is eligible for special immigrant juvenile status if he or she is under 21 years of age. Existing state law provides that the juvenile, probate, and family divisions of the superior court have jurisdiction to make judicial determinations regarding the custody and care of juveniles within the meaning of the federal Immigration and Nationality Act. Existing law also requires the court, upon request, to make the necessary findings regarding special immigrant juvenile status if there is evidence to support those findings, as specified. -Existing law also establishes the jurisdiction of the probate court. Existing law regulates the establishment and termination of guardianships in probate court, and specifies that a guardian has the care, custody, and control of a ward. -Existing law provides that a relative or other person on behalf of a minor, or a minor if he or she is 12 years of age or older, may file a petition for the appointment of a guardian of the person or estate of the minor. Existing law also provides that a guardianship of the person or estate terminates when the ward attains majority or dies, or is adopted or emancipated, as specified. -This bill would authorize a court to appoint a guardian of the person of an unmarried individual who is 18 years of age or older, but who has not yet attained 21 years of age in connection with a petition to make the necessary findings regarding special immigrant juvenile status, as specified, if the proposed ward consents. This bill would also authorize a court to extend a guardianship of the person of a ward beyond 18 years of age, as specified, if the ward so requests or consents. The bill would also provide that a guardianship of the person terminates after the ward attains majority unless the ward consents to, or requests the extension of, the guardianship of the person until he or she is 21 years of age, as specified.","An act to amend Sections 1490, 1600, and 1601 of, and to add Section 1510.1 to, the Probate Code, relating to juveniles." -660,"The people of the State of California do enact as follows: - - -SEe state or outside of the state. -(2) Exporters, brokers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. -(3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information. -(c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following: -(1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7. -(2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016. -(d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues. -(e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues. -(f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article. -(g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). -(2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entity’s geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises. -(3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time. -(4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976. -(5) For purposes of this subdivision, “disposal” and “disposal facility” have the same meanings as prescribed by Sections 40120.1 and 40121, respectively. -(6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015. -(7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department. -(h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department. -(i) All records provided in accordance with this section shall be subject to Section 40062.","The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law requires disposal facility operators to submit information to counties from periodic tracking surveys on the disposal tonnages that are disposed of at the disposal facility by jurisdiction or region of origin. Existing law requires solid waste handlers and transfer station operators to provide information to the disposal facility on the origin of the solid waste they deliver to the disposal facility. Existing law requires recycling and composting facilities to submit periodic information to counties on the types and quantities of materials that are disposed of, sold to end users, or sold to exporters or transporters for sale outside of the state, by county of origin. Existing law requires counties to submit periodic reports to the cities within the county, to any regional agency of which the county is a member, and to the Department of Resources Recycling and Recovery on the amounts of solid waste disposed of by jurisdiction or region of origin, and on the categories and amounts of solid waste diverted to recycling and composting facilities within the county or region. Existing law authorizes the department to adopt regulations in this regard. -This bill would revise these provisions by, among other things, (1) requiring recycling and composting operations and facilities to submit specified information directly to the department, rather than to counties, (2) requiring disposal facility operators to submit tonnage information to the department, and to counties only on request, and (3) deleting the requirement for counties to submit that information to cities, regional agencies, and the department. The bill would delete references to periodic tracking surveys. The bill would require exporters, brokers, and transporters of recyclables or compost to submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred inside or outside of the state, and would authorize the department to provide this information, on an aggregated basis, to jurisdictions, as specified. The bill would make the aggregated information, other than that aggregated by company, public information. The bill would make other related changes to the various reporting requirements. The bill would provide for imposition of civil penalties on any person who refuses or fails to submit information required by the governing regulations, and on any person who knowingly or willfully files a false report, refuses to permit the department to inspect or examine associated records, or alters, cancels, or obliterates entries in the records, as specified. The bill would provide that the civil penalties may be imposed either in a civil action or administratively pursuant to procedures specified in the bill. The bill would specify the types of waste disposal records that are subject to inspection and copying by the department, and also by an employee of a government entity, as defined, with respect to tonnage received at a disposal facility on or after July 1, 2015, that originates within the government entity’s geographic jurisdiction. The bill, with respect to those records, would prohibit a government entity from disclosing the name of a waste hauler using a specific landfill unless necessary as part of an administrative or judicial proceeding, as specified. The bill would also authorize a government entity to petition the superior court for injunctive or declaratory relief to enforce these provisions. The bill would require recovered civil penalties to be deposited in the Integrated Waste Management Account. -The California Public Records Act provides that public records are open to inspection at all times during the office hours of the state or local agency that retains those records, and that every person has a right to inspect any public record, but exempts certain records from those requirements. Existing law, upon the request of any person furnishing any report, notice, application, plan, or other document required by the California Integrated Waste Management Act of 1989, provides that neither the department nor an enforcement agency shall make available for inspection by the public any portion of the report, notice, application, plan, or other document that contains a trade secret, as specified. -This bill would exempt certain waste disposal records subject to inspection and copying by the department or a government entity from disclosure under certain California Public Records Act provisions. The bill would also make certain waste disposal records subject to nondisclosure under the trade secrets provisions.","An act to amend Section 41821.5 of, to amend, renumber, and add Section 41821.6 of, and to add Sections 41821.7 and 41821.8 to, the Public Resources Code, relating to solid waste." -661,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19911 of the Business and Professions Code is amended to read: -19911. -No -(a) A -person under -the age of -21 years -of age -shall -not -be eligible for a work permit and -no -a -permit shall -not -be issued to a person under -the age of 21 years. -21 years of age. -(b) A person between 18 and 21 years of age may be employed to work in a gambling establishment, provided that he or she shall not work as a dealer, floor personnel, or any other employment classification that exclusively involves working on the floor of the gambling establishment. A person between 18 and 21 years of age may be employed in job classifications that entail providing services on and off the gaming floor that are not involved in play of any controlled game. -SEC. 2. -Section 19921 of the Business and Professions Code is amended to read: -19921. -(a) -No -A -person under 21 years of age shall -not -be permitted to enter upon the premises of a licensed gambling establishment, or any part thereof, except the following: -(1) An area, physically separated from any gambling area, for the exclusive purpose of dining. For purposes of this subdivision, any place wherein food or beverages are dispensed primarily by vending machines shall not constitute a place for dining. -(2) Restrooms. -(3) A supervised room that is physically separated from any gambling area and used primarily for the purpose of entertainment or recreation. -(4) A designated pathway to reach any of the areas described in paragraphs (1) to (3), inclusive. To the extent that the designated pathway requires an individual to enter upon or pass through the gaming floor, all persons under 21 years of age shall be accompanied by a person over 21 years of age or be in the presence of a gambling establishment employee over 21 years of age. -(5) In accordance with subdivision (b) of Section 19911. -(b) -No -A -person under 21 years of age shall -not -be permitted to loiter in a gaming area. -SECTION 1. -Section 17539.1 of the -Business and Professions Code -is amended to read: -17539.1. -(a)The following unfair acts or practices undertaken by, or omissions of, any person in the operation of any contest or sweepstakes are prohibited: -(1)Failing to clearly and conspicuously disclose, at the time of the initial contest solicitation, at the time of each precontest promotional solicitation, and each time the payment of money is required to become or to remain a contestant, the total number of contestants anticipated based on prior experience and the percentages of contestants correctly solving each puzzle used in the three most recently completed contests conducted by the person. If the person has not operated or promoted three contests he or she shall disclose for each prior contest, if any, the information required by this section. -(2)Failing to promptly send to each member of the public, upon his or her request, the actual number and percentage of contestants correctly solving each puzzle or game in the contest most recently completed. -(3)Misrepresenting in any manner the odds of winning any prize. -(4)Misrepresenting in any manner, the rules, terms, or conditions of participation in a contest. -(5)Failing to clearly and conspicuously disclose with all contest puzzles and games and with all promotional puzzles and games all of the following: -(A)The maximum number of puzzles or games that may be necessary to complete the contest and determine winners. -(B)The maximum amount of money, including the maximum cost of any postage and handling fees, that a participant may be asked to pay to win each of the contest prizes then offered. -(C)That future puzzles or games, if any, or tie breakers, if any, will be significantly more difficult than the initial puzzle. -(D)The date or dates on or before which the contest will terminate and upon which all prizes will be awarded. -(E)The method of determining prizewinners if a tie remains after the last tie breaker puzzle is completed. -(F)All rules, regulations, terms, and conditions of the contest. -(6)Failing to clearly and conspicuously disclose the exact nature and approximate value of the prizes when offered. -(7)Failing to award and distribute all prizes of the value and type represented. -(8)Representing directly or by implication that the number of participants has been significantly limited, or that any particular person has been selected to win a prize unless such is the fact. -(9)Representing directly or by implication that any particular person has won any money, prize, thing, or other value in a contest unless there has been a real contest in which a meaningful percentage, which shall be at least a majority, of the participants in such contests have failed to win a prize, money, thing, or other value. -(10)Representing directly or by implication that any particular person has won any money, prize, thing, or other value without disclosing the exact nature and approximate value thereof. -(11)Using the word “lucky” to describe any number, ticket, coupon, symbol, or other entry, or representing in any other manner directly or by implication that any number, ticket, coupon, symbol, or other entry confers or will confer an advantage upon the recipient that other recipients will not have, that the recipient is more likely to win a prize than are others, or that the number, ticket, coupon, symbol, or other entry has some value that other entries do not have. -(12)Using or offering for use any method intended to be used by a person interacting with an electronic video monitor to simulate gambling or play gambling-themed games in a business establishment that (A) directly or indirectly implements the predetermination of sweepstakes cash, cash-equivalent prizes, or other prizes of value, or (B) otherwise connects a sweepstakes player or participant with sweepstakes cash, cash-equivalent prizes, or other prizes of value. For the purposes of this paragraph, “business establishment” means a business that has any financial interest in the conduct of the sweepstakes or the sale of the products or services being promoted by the sweepstakes at its physical location. This paragraph does not make unlawful game promotions or sweepstakes conducted by for-profit commercial entities on a limited and occasional basis as an advertising and marketing tool that are incidental to substantial bona fide sales of consumer products or services and that are not intended to provide a vehicle for the establishment of places of ongoing gambling or gaming. -(13)Failing to obtain the express written or oral consent of individuals before their names are used for a promotional purpose in connection with a mailing to a third person. -(14)Using or distributing simulated checks, currency, or any simulated item of value unless there is clearly and conspicuously printed thereon the words: SPECIMEN—NONNEGOTIABLE. -(15)Representing, directly or by implication, orally or in writing, that any tie breaker puzzle may be entered upon the payment of money qualifying the contestant for an extra cash or any other type of prize or prizes unless: -(A)It is clearly and conspicuously disclosed that the payments are optional and that contestants are not required to pay money, except for reasonable postage and handling fees, to play for an extra cash or any other type of prize or prizes; and -(B)Contestants are clearly and conspicuously given the opportunity to indicate they wish to enter such phase of the contest for free, except for reasonable postage and handling fees the amount of which shall not exceed one dollar and fifty cents ($1.50) plus the actual cost of postage and which shall be clearly and conspicuously disclosed at the time of the initial contest solicitation and each time thereafter that the payment of such fees is required. The contestants’ opportunity to indicate they wish to enter for free shall be in immediate conjunction with and in a like manner as the contestants’ opportunity to indicate they wish to play for an extra prize. -(b)For the purposes of this section, “sweepstakes” means a procedure, activity, or event, for the distribution, donation, or sale of anything of value by lot, chance, predetermined selection, or random selection that is not unlawful under other provisions of law, including, but not limited to, Chapter 9 (commencing with Section 319) and Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of the Penal Code. -(c)This section does not apply to an advertising plan or program that is regulated by, and complies with, the requirements of Section 17537.1. -(d)Nothing in this section shall be deemed to render lawful any activity that is unlawful pursuant to other law, including, but not limited to, Section 320, 330a, 330b, 330.1, or 337j of the Penal Code. -(e)Nothing in this section shall be deemed to render unlawful or restrict otherwise lawful games, technologies, software, and methods used by a gambling enterprise licensed under the Gambling Control Act or operations of the California State Lottery.","The Gambling Control Act provides for the licensure of certain individuals and establishments involved in various gambling activities, and for the regulation of those activities, by the California Gambling Control Commission. Existing law prohibits a person under 21 years of age from being eligible for a work permit in a gambling establishment. Existing law also prohibits a person under 21 years of age from entering the premises of a licensed gambling establishment, except as provided. -This bill would permit a person between 18 and 21 years of age to work in a gambling establishment in a classification that entails providing services on and off the gaming floor that are not involved in play of any controlled game, as specified. -Existing law generally regulates false advertising and specifically prohibits certain unfair acts or practices undertaken by, or omissions of, a person in the operation of a contest, including misrepresenting the odds of winning a prize or failing to award and distribute all prizes. -Existing law specifies that these provisions do not render unlawful or restrict otherwise lawful games and methods used by a gambling enterprise licensed under the Gambling Control Act or operations of the California State Lottery. -This bill would expand that exemption to include lawful technologies and software used by a gambling enterprise licensed under the Gambling Control Act or operations of the California State Lottery.","An act to amend -Section 17539.1 -Sections 19911 and 19921 -of the Business and Professions Code, relating to -sweepstakes. -gaming." -662,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2655 of the Unemployment Insurance Code is amended to read: -2655. -(a) Except as provided in subdivisions (b), (c), (d), (e), and (f), an individual’s “weekly benefit amount” shall be the amount appearing in column B in the table set forth in this subdivision on the line of which in column A of the table there appears the wage bracket containing the amount of wages paid to the individual for employment by employers during the quarter of his or her disability base period in which wages were the highest. -A -Amount of wages in -highest quarter -B -Weekly benefit -amount -$75–1,149.99 ........................ -$50 -1,150–1,174.99 ........................ -51 -1,175–1,199.99 ........................ -52 -1,200–1,224.99 ........................ -53 -1,225–1,249.99 ........................ -54 -1,250–1,274.99 ........................ -55 -1,275–1,299.99 ........................ -56 -1,300–1,324.99 ........................ -57 -1,325–1,349.99 ........................ -58 -1,350–1,374.99 ........................ -59 -1,375–1,399.99 ........................ -60 -1,400–1,424.99 ........................ -61 -1,425–1,449.99 ........................ -62 -1,450–1,474.99 ........................ -63 -1,475–1,499.99 ........................ -64 -1,500–1,524.99 ........................ -65 -1,525–1,549.99 ........................ -66 -1,550–1,574.99 ........................ -67 -1,575–1,599.99 ........................ -68 -1,600–1,624.99 ........................ -69 -1,625–1,649.99 ........................ -70 -1,650–1,674.99 ........................ -71 -1,675–1,699.99 ........................ -72 -1,700–1,724.99 ........................ -73 -1,725–1,749.20 ........................ -74 -(b) For periods of disability commencing on or after January 1, 1990, and prior to January 1, 1991, if the amount of wages paid an individual for employment by employers during the quarter of his or her disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be 55 percent of these wages divided by 13, but not exceeding two hundred sixty-six dollars ($266) or the maximum workers’ compensation temporary disability indemnity weekly benefit amount, whichever is less. If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). -(c) For periods of disability commencing on or after January 1, 1991, but before January 1, 2000, if the amount of wages paid an individual for employment by employers during the quarter of his or her disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be 55 percent of these wages divided by 13, but not exceeding three hundred thirty-six dollars ($336). If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). -(d) (1) For periods of disability commencing on or after January 1, 2000, but before January 1, 2018, if the amount of wages paid an individual for employment by employers during the quarter of his or her disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be equal to 55 percent of these wages divided by 13, but not exceeding the maximum workers’ compensation temporary disability indemnity weekly benefit amount. -(2) Notwithstanding the maximum workers’ compensation temporary disability indemnity weekly benefit amount of paragraph (1), if the benefit under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). -(e) For periods of disability commencing on and after January 1, 2018, but before January 1, 2022, an individual’s “weekly benefit amount” shall be as follows: -(1) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is less than nine hundred twenty-nine dollars ($929), then fifty dollars ($50). -(2) When the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is nine hundred twenty-nine dollars ($929) or more, and is less than one-third of the amount of the state average quarterly wage, then 70 percent of the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest, divided by 13. If the weekly benefit amount is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). -(3) Except as provided in paragraph (4), when the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest is one-third of the amount of the state average quarterly wage, or more, then either (A) 23.3 percent of the state average weekly wage or (B) 60 percent of the amount of wages paid to the individual for employment by employers during the quarter of the individual’s disability base period in which these wages were highest divided by 13, whichever amount is greater. If the weekly benefit amount is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). -(4) An individual’s “weekly benefit amount” shall not exceed the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code. -(f) (1) For periods of disability commencing on or after January 1, 2022, if the amount of wages paid an individual for employment by employers during the quarter of his or her disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be equal to 55 percent of these wages divided by 13, but not exceeding the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code. -(2) Notwithstanding the maximum workers’ compensation temporary disability indemnity weekly benefit amount of paragraph (1) of subdivision (d), if the benefit under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). -(g) For purposes of this section: -(1) “State average quarterly wage” means the state average weekly wage multiplied by 13. -(2) “State average weekly wage” means the average weekly wage paid by employers to employees covered by unemployment insurance as reported by the United States Department of Labor for California for the 12 months ending on March 31 of the calendar year preceding the year in which the disability occurred. -SEC. 2. -Section 2655.1 is added to the Unemployment Insurance Code, to read: -2655.1. -(a) By March 1, 2021, the department shall prepare and submit to the Legislature, including the legislative committees described in subdivision (c), a report that includes data on levels and trends between January 1, 2017, and the latest date for which data is available in 2020, in the following: -(1) Utilization of paid family leave and disability insurance by income level, including, but not limited to, utilization of paid family leave by low-wage workers. -(2) Benefit costs. -(3) Supplemental disability insurance contribution rates. -(b) The report described in subdivision (a) shall also include projections of utilization and costs for three subsequent years beginning January 1, 2022, with the assumption that the wage replacement rates that are in effect on January 1, 2018, remain in effect. -(c) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code and shall be submitted to the Assembly Committee on Insurance, the Senate Committee on Labor and Industrial Relations, the Assembly and Senate Committees on Appropriations, the Assembly Committee on Budget, and the Senate Committee on Budget and Fiscal Review. -(d) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024. -SEC. 3. -Section 3303 of the Unemployment Insurance Code is amended to read: -3303. -(a) On and after July 1, 2014, an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of his or her weekly benefit amount on any day in which he or she is unable to perform his or her regular or customary work because he or she is bonding with a minor child during the first year after the birth or placement of the child in connection with foster care or adoption or caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, only if the director finds all of the following: -(1) The individual has made a claim for temporary disability benefits as required by authorized regulations. -(2) The individual has been unable to perform his or her regular or customary work for a seven-day waiting period during each disability benefit period, with respect to which waiting period no family temporary disability insurance benefits are payable. -(3) The individual has filed a certificate, as required by Sections 2708 and 2709. -(b) This section shall become inoperative and shall be repealed on January 1, 2018. -SEC. 4. -Section 3303 is added to the Unemployment Insurance Code, to read: -3303. -(a) On and after July 1, 2014, an individual shall be deemed eligible for family temporary disability insurance benefits equal to one-seventh of his or her weekly benefit amount on any day in which he or she is unable to perform his or her regular or customary work because he or she is bonding with a minor child during the first year after the birth or placement of the child in connection with foster care or adoption, or caring for a seriously ill child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, only if the director finds both of the following: -(1) The individual has made a claim for temporary disability benefits as required by authorized regulations. -(2) The individual has filed a certificate, as required by Sections 2708 and 2709. -(b) This section shall become operative on January 1, 2018. -SEC. 5. -(a) By July 1, 2017, the Employment Development Department shall report to the Assembly Committee on Insurance and the Senate Committee on Labor and Industrial Relations the projected costs and potential benefits associated with options to reduce, eliminate, or otherwise modify the waiting period for disability insurance benefits. -(b) The report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. -(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2021.","Existing unemployment compensation disability law provides a formula for determining benefits available to qualifying disabled individuals. For an individual who has quarterly base wages of greater than $1,749.20, the weekly benefit is calculated by multiplying base wages by 55% and dividing the result by 13. For a benefit that is not a multiple of $1, existing law provides that the benefit shall be computed to the next higher multiple of $1. However, existing law provides that this amount may not exceed the maximum workers’ compensation temporary disability indemnity weekly benefit amount. -Under existing law, the family temporary disability insurance program provides up to 6 weeks of wage replacement benefits to workers who take time off work to care for specified persons, or to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption. Existing law defines “weekly benefit amount” for purposes of this program to mean the amount of benefits available to qualifying disabled individuals pursuant to unemployment compensation disability law. -This bill would revise the formula for determining benefits available pursuant to unemployment compensation disability law and for the family temporary disability insurance program, for periods of disability commencing after January 1, 2018, but before January 1, 2022, to provide a weekly benefit amount minimum of $50 and increase the wage replacement rate to specified percentages, but not to exceed the maximum workers’ compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to existing law. -Existing law deems an individual to be eligible for family temporary disability benefits if, among other things, the individual is unable to perform his or her regular or customary work for a 7-day waiting period during each disability benefit period. and prohibits payments for benefits during this waiting period. -This bill, on and after January 1, 2018, also would remove the 7-day waiting period for these benefits. -This bill, by authorizing an increase in the expenditure of money from the Unemployment Compensation Disability Fund, would make an appropriation. -This bill would require, by July 1, 2017, the Employment Development Department to report to the Assembly Committee on Insurance and Senate Committee on Labor and Industrial Relations specified information regarding the waiting period for disability benefits. The bill also would require, by March 1, 2021, the department to prepare a report to the Legislature and specified legislative committees on levels and trends regarding utilization, costs, and rates with respect to family leave and disability insurance.","An act to amend Section 2655 of, to amend, repeal, and add Section 3303 of, and to add and repeal Section 2655.1 of, the Unemployment Insurance Code, relating to disability compensation, and making an appropriation therefor." -663,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature in enacting this act to do the following: -(a)Authorize Saddleback Memorial Medical Center, San Clemente, to operate a stand-alone emergency room for purposes of stabilizing patients prior to transfer to any other hospital in the region. -(b)Provide transparency with regard to hospital closures. -SEC. 2. -Section 1255.23 is added to the -Health and Safety Code -, -immediately following Section 1255.2 -, to read: -1255.23. -(a)In addition to the requirements set forth in Sections 1255.1 and 1255.2, a general acute care hospital that provides emergency medical services pursuant to Section 1255, and that is scheduled for closure, shall conduct a public hearing for public review and comment during the 90-day period established pursuant to subdivision (a) of Section 1255.1. -(b)A hospital that conducts a public hearing pursuant to subdivision (a) shall conduct the hearing pursuant to the procedural requirements that are established pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). -SEC. 3. -Notwithstanding any other law, Saddleback Memorial Medical Center, San Clemente, may continue, under its existing license, to provide emergency medical services to patients in the region if it otherwise transforms its delivery of services. -SECTION 1. -Section 1255.23 is added to the Health and Safety Code, immediately following Section 1255.2, to read: -1255.23. -(a) Notwithstanding any other law, Saddleback Memorial Medical Center may operate an emergency department at its San Clemente campus, subject to the following requirements: -(1) The emergency department shall operate under the consolidated license of Saddleback Memorial Medical Center and meet all of the requirements imposed under that license, including being within 15 miles of its parent hospital. -(2) The emergency department shall be a conversion from a previously existing acute care campus and may not be a newly developed freestanding emergency department. -(3) The emergency department shall be open 24 hours a day, 365 days a year. -(4) The emergency department shall be staffed by at least one board-certified emergency physician at all times. -(5) The emergency department shall be staffed with properly trained emergency room nurses and meet the minimum staffing requirements for emergency departments in this state. -(6) The emergency department shall have a complete range of laboratory and diagnostic radiology services, including a complete array of laboratory test, basic X-ray, computerized tomography (CT) scan, and ultrasound capabilities. -(7) The emergency department shall meet the specialty call requirements, as defined by the Orange County Emergency Medical Services Agency, under its consolidated license. -(8) The emergency department shall have transfer agreements with specialty centers, such as trauma, burn, and pediatric centers, to meet the needs of the injury or patient population served in the community. -(9) The emergency department shall have the capabilities to stabilize patients with emergency medical conditions and to transport them to its parent hospital or other higher level of care facilities in a safe and timely manner, consistent with the standards of care in the local communities. -(10) The emergency department shall have a fully functioning transport program with a proven track record of safely transporting patients who require admission to its parent hospital or other higher level of care and specialty services facilities, such as trauma, burn, and pediatric facilities. -(11) All applicable federal and state regulatory requirements shall be met under the consolidated license of Saddleback Memorial Medical Center, including all applicable regulations of the Centers for Medicare and Medicaid Services and Title 22 of the California Code of Regulations. -(b) Nothing in this section shall be construed to require Saddleback Memorial Medical Center to provide for concomitant acute care services at the San Clemente campus or to seek additional licensure for operation of the emergency department that is authorized pursuant to this section. -SEC. 4. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances regarding the provision of emergency medical services to the communities of San Clemente, Dana Point, and San Juan Capistrano. -SEC. 5. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to ensure the provision of emergency medical services to the communities of San Clemente, Dana Point, and San Juan Capistrano at the earliest point in time, -and to provide transparency with regard to hospital closures, -it is necessary that this act take effect immediately.","Existing law provides for the licensure and regulation of health facilities, including general acute care hospitals, by the State Department of Public Health. Existing law authorizes a general acute care hospital, as defined, to offer special services, including, but not limited to, emergency medical services. Existing law requires a hospital that provides emergency medical services to provide notice of the planned reduction or elimination of those services to certain entities and the public, as specified. -Existing law requires a health facility that implements a downgrade or change in services to make a reasonable effort to inform the community that it serves of the downgrade or change, as specified. Existing law authorizes the department to exempt a hospital from those disclosure requirements upon specified circumstances. -This bill would require a general acute care hospital that provides emergency medical services that is scheduled for closure to conduct public hearings for public review and comment, as specified. The bill would also authorize Saddleback Memorial Medical Center, San Clemente, to continue, under its existing license, to provide emergency medical services to patients in the region if it otherwise transforms its delivery of services. -This bill would authorize Saddleback Memorial Medical Center to operate an emergency department at its San Clemente campus, subject to specified requirements. -This bill would make legislative findings and declarations as to the necessity of a special statute for the communities of San Clemente, Dana Point, and San Juan Capistrano. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Section 1255.23 to the Health and Safety Code, relating to hospitals, and declaring the urgency thereof, to take effect immediately." -664,"The people of the State of California do enact as follows: - - -SECTION 1. -The heading of Chapter 16 (commencing with Section 17150) of Part 10 of Division 1 of Title 1 of the Education Code is amended to read: -CHAPTER 16. Public Disclosure of -Non-Voter-Approved -Debt -SEC. 2. -Section 17150 of the Education Code is amended to read: -17150. -(a) Upon the approval by the governing board of the school district to proceed with the issuance of -revenue -bonds or to enter into an agreement for financing school construction pursuant to Chapter 18 (commencing with Section 17170), the school district shall notify the county superintendent of schools and the county auditor. The superintendent of the school district shall provide the repayment schedules for that debt obligation and evidence of the ability of the school district to repay that obligation to the county auditor, the county -superintendent, -superintendent of schools, -the governing board, and the public. Within 15 days of the receipt of the information, the county superintendent of schools and the county auditor may comment publicly to the governing board of the school district regarding the capability of the school district to repay that debt obligation. -(b) Upon the approval by the county board of education to proceed with the issuance of -revenue -bonds or to enter into an agreement for financing pursuant to Chapter 18 (commencing with Section 17170), the county superintendent of schools or superintendent of a school district for which the county board serves as governing board shall notify the Superintendent. The county superintendent of schools or the superintendent of a school district for which the county board serves as the governing board shall provide the repayment schedules for that debt obligation and evidence of the ability of the county office of education or school district to repay that obligation, to the Superintendent, the governing board, and the public. Within 15 days of the receipt of the information the Superintendent may comment publicly to the county board of education regarding the capability of the county office of education or school district to repay that debt obligation. -(c) -Prior to -Before -delivery of the notice required by subdivision (a) neither the county nor its officers shall have responsibility for the administration of the indebtedness of the school district. Failure to comply with the requirements of this section will not affect the validity of the indebtedness. -SEC. 3. -Section 17150.1 of the Education Code is amended to read: -17150.1. -(a) No later than 30 days before the approval by the governing board of the school district to proceed with the issuance of -bonds, -certificates of participation -, -and other debt instruments that are secured by real -property and do not require approval of the voters of the school district, -property, -the school district shall notify the county superintendent of schools and the county auditor. The superintendent of the school district shall provide information necessary to assess the anticipated effect of the debt issuance, including the repayment schedules for that debt obligation, evidence of the ability of the school district to repay that obligation, and the issuance costs, to the county auditor, the county superintendent, the governing board, and the public. Within 15 days of the receipt of the information, the county superintendent of schools and the county auditor may comment publicly to the governing board of the school district regarding the capability of the school district to repay that debt obligation. -(b) No later than 30 days before the approval by the county board of education to proceed with the issuance of certificates of participation and other debt instruments that are secured by real -property and do not require approval of the voters of the county, -property, -the county superintendent of schools or superintendent of a school district for which the county board serves as governing board shall notify the Superintendent. The county superintendent of schools or the superintendent of a school district for which the county board serves as the governing board shall provide information necessary to assess the anticipated effect of the debt issuance, including the repayment schedules for that debt obligation, the evidence of the ability of the county office of education or school district to repay that obligation, and issuance costs, to the Superintendent, the governing board, and the public. Within 15 days of the receipt of the information the Superintendent may comment publicly to the county board of education regarding the capability of the county office of education or school district to repay that debt obligation. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires a school district to notify the county superintendent of schools and the county auditor when the governing board of the school district approves proceeding with the issuance of certificates of participation or revenue bonds or entering into specified agreements for financing school construction pursuant to the California School Finance Authority Act. The superintendent of the school district is required to provide specified information to the county auditor, the county superintendent of schools, the governing board, and the public regarding that debt. -Existing law requires the county superintendent of schools or superintendent of a school district for which the county board serves as governing board to notify the Superintendent of Public Instruction when the county board of education approves proceeding with the issuance of certificates of participation or revenue bonds or to entering into an agreement for financing pursuant to the California School Finance Authority Act. The county superintendent of schools or the superintendent of a school district for which the county board serves as the governing board is required to provide specified information to the Superintendent of Public Instruction, the governing board, and the public. -This bill would delete the language specifying that the scope of these provisions is limited to revenue bonds, and instead refer to bonds generally. The bill would also require that, no later than 30 days before the approval by the governing board of the school district to proceed with the issuance of bonds, the school district notify the county superintendent of schools and the county auditor. The bill would delete the language limiting the requirement of this notice to instruments that do not require approval of the voters of the school district or county. -To the extent that this bill would expand the requirements for the provision of notices by specified county officials, the bill would impose a state-mandated local program. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 17150 and 17150.1 of, and to amend the heading of Chapter 16 (commencing with Section 17150) of Part 10 of Division 1 of Title 1 of, the Education Code, relating to local educational agencies." -665,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 67381 of the Education Code is amended to read: -67381. -(a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses. -(b) The Trustees of the California State University, the Regents of the University of California, and the governing board of independent postsecondary institutions, as defined, shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes, sexual assaults, and hate crimes occurring on each campus. -(c) Local law enforcement agencies shall enter into written agreements with campus law enforcement agencies if there are college or university campuses of the governing entities specified in subdivision (b) located in the jurisdictions of the local law enforcement agencies. -(d) Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime, sexual assault, and hate crime, and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary. -(e) A written agreement entered into pursuant to this section shall be reviewed, updated if necessary, and made available for public viewing by July 1, 2016, and every five years thereafter. -(f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement. -(g) Nothing in this section shall affect existing written agreements between campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law. -(h) Nothing in this section shall be construed to limit the authority of campus law enforcement agencies to provide police services to their campuses. -(i) As used in this section, the following terms have the following meanings: -(1) “Local law enforcement agencies” means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located. -(2) “Part 1 violent crimes” means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation. -(3) “Hate crime” means any offense described in Section 422.55 of the Penal Code. -(4) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of any of these. -(5) “Independent postsecondary institutions” means institutions operating pursuant to Section 830.6 of the Penal Code or pursuant to a memorandum of understanding as described in subdivision (b) of Section 830.7 of the Penal Code. -(j) This section shall be known and may be cited as the Kristin Smart Campus Safety Act of 1998. -(k) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on university and college campuses by setting minimum standards for written agreements to be entered into by campus law enforcement agencies and local law enforcement agencies. -SEC. 2. -Section 67381.1 is added to the Education Code, to read: -67381.1. -(a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses. -(b) The governing board of each community college district shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes occurring on each campus. -(c) Local law enforcement agencies shall enter into written agreements with community college campus law enforcement agencies if there are community college campuses located in the jurisdictions of the local law enforcement agencies. -(d) Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary. -(e) Written agreements regarding community college law enforcement agencies entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, shall be available for public viewing. -(f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement. -(g) Nothing in this section shall affect existing written agreements between community college campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law. -(h) Nothing in this section shall be construed to limit the authority of community college campus law enforcement agencies to provide police services to their campuses. -(i) As used in this section, the following terms have the following meanings: -(1) “Local law enforcement agencies” means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located. -(2) “Part 1 violent crimes” means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation. -(j) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on community college campuses by setting minimum standards for written agreements to be entered into by community college campus law enforcement agencies and local law enforcement agencies. -(k) (1) Upon the governing board of a community college district adopting a rule requiring each of its campuses to update an agreement entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, the governing board of the community college district shall be treated as a governing entity specified in subdivision (b) of Section 67381 and the community college district and its campuses shall be subject to the requirements of Section 67381 instead of this section. -(2) The Legislature encourages the governing board of each community college district to adopt a rule requiring each of its respective campuses to update these agreements. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","The Kristin Smart Campus Safety Act of 1998 requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions, as defined, to adopt rules requiring each of their respective campuses to enter into a written agreement with local law enforcement agencies relating to certain violent crimes. These agreements are required to designate the law enforcement agency that will have operational responsibility for the investigation of these crimes. Existing law provides that these provisions do not apply to the University of California except to the extent that the regents, by appropriate resolution, make the provisions applicable. -This bill would, for the Trustees of the California State University, the governing boards of independent postsecondary institutions, and, subject to appropriate resolution, the Regents of the University of California, require these written agreements to designate the law enforcement agency that will have operational responsibility for the investigation of each sexual assault and hate crime, as defined, and require these written agreements to be reviewed, updated if necessary, and made available to the public by July 1, 2016, and every 5 years thereafter. Upon the governing board of a community college district adopting a rule requiring its campuses to update these agreements, the bill would subject the community college district and its campuses to the requirements imposed on other postsecondary institutions by the bill. The bill would encourage the governing board of each community college district to adopt a rule requiring its respective campuses to update these agreements. By expanding the duties of community college districts and local law enforcement agencies, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 67381 of, and to add Section 67381.1 to, the Education Code, relating to student safety." -666,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 149.11 is added to the Streets and Highways Code, to read: -149.11. -(a) (1) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the San Bernardino County Transportation Commission, created pursuant to Section 130054 of the Public Utilities Code, may conduct, administer, and operate a value-pricing program in the Interstate 10 and Interstate 15 corridors in the County of San Bernardino. The value-pricing program may include high-occupancy toll lanes or other toll facilities. The San Bernardino County Transportation Commission may also extend the program to include the approaching and departing connectors on Interstate 10 extending into the County of Los Angeles, as designated by an agreement with the Los Angeles County Metropolitan Transportation Authority, and the connection to the Interstate 15 express lanes project in the County of Riverside, as designated by an agreement with the Riverside County Transportation Commission. The San Bernardino County Transportation Commission may exercise its existing powers of eminent domain pursuant to Section 130220.5 of the Public Utilities Code to acquire property necessary to carry out the purposes of the value-pricing program. -(2) The value-pricing program authorized pursuant to paragraph (1) may only be implemented upon a determination that the program and the resulting facilities will improve the performance of the affected corridors. Improved performance may be demonstrated by factors that include, but are not limited to, increased passenger throughput or improved travel times. The San Bernardino County Transportation Commission shall make the determination required by this paragraph in a public meeting prior to operation of the value-pricing program. -(3) The San Bernardino County Transportation Commission shall have the authority to set, levy, and collect tolls, user fees, or other similar charges payable for the use of the toll facilities in the County of San Bernardino, and any other incidental or related fees or charges, and to collect those revenues, in a manner determined by the San Bernardino County Transportation Commission, in amounts as required for the following expenditures relative to the program and for the purposes of paragraph (4): -(A) Development, including the costs of design, construction, right-of-way acquisition, and utilities adjustment. -(B) Operations and maintenance, including, but not limited to, insurance, collection, and enforcement of tolls, fees, and charges. -(C) Repair, rehabilitation, and reconstruction. -(D) Indebtedness incurred and internal loans and advances, including related financial costs. -(E) Administration, which shall not exceed 3 percent of the revenues of toll facilities and associated transportation facilities. -(F) Reserves for the purposes described in subparagraphs (A) to (E), inclusive. -(4) All revenue generated pursuant to paragraph (3) in excess of the expenditure needs of that paragraph shall be used exclusively for the benefit of the transportation corridors included in the value-pricing program created pursuant to this section. These excess revenue expenditures shall be described in an excess revenue expenditure plan developed in consultation with the department and adopted and periodically updated by the board of directors of the San Bernardino County Transportation Commission and may include, but need not be limited to, the following eligible expenditures: -(A) Expenditures to enhance transit service designed to reduce traffic congestion within the transportation corridors included in the value-pricing program created pursuant to this section. Eligible expenditures include, but are not limited to, transit operating assistance, the acquisition of transit vehicles, and transit capital improvements otherwise eligible to be funded under the state transportation improvement program pursuant to Section 164. -(B) Expenditures to make operational or capacity improvements designed to reduce traffic congestion or improve the flow of traffic in the transportation corridors included in the value-pricing program created pursuant to this section. Eligible expenditures include, but are not limited to, any phase of project delivery to make capital improvements to on ramps, off ramps, connector roads, roadways, bridges, or other structures that are necessary for or related to the tolled or nontolled transportation facilities in the transportation corridors included in the value-pricing program created pursuant to this section. -(5) To the extent the San Bernardino County Transportation Commission plans to extend the value-pricing program into the Counties of Los Angeles or Riverside, it shall enter into an agreement with the Los Angeles County Metropolitan Transportation Authority or the Riverside County Transportation Commission, as applicable, subject to approval of the board of directors of the San Bernardino County Transportation Commission and the board of directors of the affected entity. If the value-pricing program developed and operated by the San Bernardino County Transportation Commission connects to, or is near, similar toll facilities constructed and operated by the Los Angeles County Metropolitan Transportation Authority or the Riverside County Transportation Commission, the respective entities shall enter into an agreement providing for the coordination of the toll facilities operated by each entity. -(b) (1) The San Bernardino County Transportation Commission shall carry out the program in cooperation with the Department of the California Highway Patrol pursuant to an agreement that addresses all matters related to enforcement on state highway system facilities in connection with the value-pricing program, and with the department pursuant to an agreement that addresses all matters related to the design, construction, maintenance, and operation of state highway system facilities in connection with the value-pricing program, including, but not limited to, financing, repair, rehabilitation, and reconstruction. -(2) The San Bernardino County Transportation Commission shall be responsible for reimbursing the department and the Department of the California Highway Patrol for costs related to the toll facility pursuant to an agreement between the San Bernardino County Transportation Commission and the department and between the San Bernardino County Transportation Commission and the Department of the California Highway Patrol. -(c) Single-occupant vehicles that are certified or authorized by the San Bernardino County Transportation Commission for entry into, and use of, the high-occupancy toll lanes implemented pursuant to this section are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use. -(d) (1) The San Bernardino County Transportation Commission may issue bonds at any time to finance any costs necessary to implement the program established pursuant to this section and any expenditures provided for in paragraphs (3) and (4) of subdivision (a), payable from the revenues generated from the program and any other sources of revenues available to the San Bernardino County Transportation Commission that may be used for these purposes, including, but not limited to, sales tax revenue, development impact fees, or state and federal grants. -(2) The maximum bonded indebtedness that may be outstanding at any one time shall not exceed an amount that may be serviced from the projected revenues available as described in paragraph (1). -(3) The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable at intervals determined by the San Bernardino County Transportation Commission. -(4) Any bond issued pursuant to this subdivision shall contain on its face a statement to the following effect: -“Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal of, or interest on, this bond.” -(5) Bonds shall be issued pursuant to a resolution of the governing board of the San Bernardino County Transportation Commission adopted by a majority vote of its governing board. The resolution or bond authorizing instrument shall state all of the following: -(A) The purposes for which the proposed debt is to be incurred. -(B) The estimated cost of accomplishing those purposes. -(C) The amount of the principal of the indebtedness. -(D) The maximum term of the bonds and the maximum interest rate. -(E) The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000). -(F) The form of the bonds. -(e) Not later than three years after the San Bernardino County Transportation Commission first collects revenues from the program authorized by this section, the San Bernardino County Transportation Commission shall submit a report to the Legislative Analyst on its findings, conclusions, and recommendations concerning the program. The report shall include an analysis of the effect of the transportation facilities on the adjacent mixed-flow lanes and any comments submitted by the department and the Department of the California Highway Patrol regarding operation of the transportation facilities. -(f) This section shall not prevent the department or any local agency from constructing improvements in the transportation corridors that compete with the program, and the San Bernardino County Transportation Commission shall not be entitled to compensation for the adverse effects on toll revenue due to those competing improvements. -(g) If any provision of this section or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this extent the provisions are severable. -(h) Nothing in this section shall authorize the conversion of any existing nontoll or nonuser-fee lanes into tolled or user-fee lanes, except that a high-occupancy vehicle lane may be converted into a high-occupancy toll lane. -SEC. 2. -This act shall become operative only if Assembly Bill 194 of the 2015–16 Regular Session is also enacted and becomes operative on or before January 1, 2016.","Existing law provides for the Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, to authorize or permit exclusive or preferential use of highway lanes for high-occupancy vehicles (HOVs). Existing law authorizes the development and implementation of a value-pricing program consisting of high-occupancy toll (HOT) lanes in various corridors under certain circumstances, pursuant to which vehicles that do not meet the vehicle occupancy requirements for use of an HOV lane may use the lane upon payment of a toll. -This bill would authorize the San Bernardino County Transportation Commission to conduct, administer, and operate a value-pricing program, that may include HOT lanes or other toll facilities in the Interstate Highway Routes 10 and 15 in the County of San Bernardino and, with the agreement of affected transportation agencies, specified extensions and connections into the Counties of Los Angeles and Riverside. The bill would require the toll revenues to be spent for specified transportation purposes and would authorize the commission to issue revenue bonds payable from toll revenues. The bill would require the commission to report to the Legislative Analyst on specified matters within 3 years of commencement of revenue collection from the value-pricing program. The bill would enact other related provisions. -This bill would become operative only if AB 194 is also enacted and becomes operative on or before January 1, 2016.","An act to add Section 149.11 to the Streets and Highways Code, relating to transportation." -667,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 44984 of the Education Code is amended to read: -44984. -(a) The governing board of a school district shall provide by rules and regulations for industrial accident and illness leaves of absence for all certificated employees. The governing board of a district that is created or whose boundaries or status is changed by an action to organize or reorganize districts completed after the effective date of this section shall provide by rules and regulations for these leaves of absence on or before the date on which the organization or reorganization of the district becomes effective for all purposes. -(b) The rules or regulations shall include the following provisions: -(1) Allowable leave shall be for not less than 60 days during which the schools of the district are required to be in session or when the employee would otherwise have been performing work for the district in any one fiscal year for the same accident. -(2) Allowable leave shall not be accumulated from year to year. -(3) Industrial accident or illness leave shall commence on the first day of absence. -(4) (A) When a certificated employee is absent from his or her duties on account of an industrial accident or illness, he or she shall be paid the portion of the salary due him or her for any month in which the absence occurs as, when added to his or her temporary disability indemnity under Division 4 or Division 4.5 of the Labor Code, will result in a payment to him or her of not more than his or her full salary. -(B) The phrase “full salary” as utilized in this subdivision shall be computed so that it shall not be less than the employee’s “average weekly earnings” as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable. -(5) Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award. -(6) When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him or her for the same illness or injury. -(c) Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Sections 44977, 44978 and 44983, and for the purposes of each of these sections, the employee’s absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave, provided that if the employee continues to receive temporary disability indemnity, the employee may elect to take as much of his or her accumulated sick leave which, when added to his or her temporary disability indemnity, will result in a payment to him or her of not more than his or her full salary. -(d) The governing board of a district may, by rule or regulation, provide for an additional leave of absence for industrial accident or illness as it deems appropriate. -(e) During a paid leave of absence, the employee may endorse to the district the temporary disability indemnity checks received on account of the employee’s industrial accident or illness. The district, in turn, shall issue the employee appropriate salary warrants for payment of the employee’s salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to and retained by the employee for periods covered by the salary warrants. -(f) In the absence of rules and regulations adopted by the governing board of a district pursuant to this section, an employee shall be entitled to industrial accident or illness leave as provided in this section but without limitation as to the number of days of this leave. -SEC. 2. -Section 45192 of the Education Code is amended to read: -45192. -(a) The governing board of a school district shall provide by rules and regulations for industrial accident or illness leaves of absence for employees who are a part of the classified service. The governing board of a district that is created or whose boundaries or status is changed by an action to organize or reorganize districts completed after the effective date of this section shall provide by rules and regulations for these leaves of absence on or before the date on which the organization or reorganization of the district becomes effective for all purposes. -(b) The rules and regulations shall include the following provisions: -(1) Allowable leave shall not be for less than 60 working days in any one fiscal year for the same accident. -(2) Allowable leave shall not be accumulative from year to year. -(3) Industrial accident or illness leave will commence on the first day of absence. -(4) Payment for wages lost on any day shall not, when added to an award granted the employee under the workers’ compensation laws of this state, exceed the normal wage for the day. -(5) Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under workers’ compensation. -(6) When an industrial accident or illness occurs at a time when the full 60 days will overlap into the next fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury. -(c) The industrial accident or illness leave of absence is to be used in lieu of entitlement acquired under Section 45191. When entitlement to industrial accident or illness leave has been exhausted, entitlement or other sick leave will then be used; but if an employee is receiving workers’ compensation the employee shall be entitled to use only so much of his or her accumulated or available sick leave, accumulated compensating time, vacation or other available leave that, when added to the workers’ compensation award, provide for a full day’s wage or salary. -(d) The governing board of a district may, by rule or regulation, provide for as much additional leave of absence, paid or unpaid, as it deems appropriate and during this leave the employee may return to his or her position without suffering any loss of status or benefits. The employee shall be notified, in writing, that available paid leave has been exhausted, and shall be offered an opportunity to request additional leave. -(e) A period of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employee. -(f) During a paid leave of absence, whether industrial accident leave as provided in this section, sick leave, vacation, compensated time off, or other available leave provided by law or the action of a governing board of a district, the employee shall endorse to the district wage loss benefit checks received under the workers’ compensation laws of this state. The district, in turn, shall issue the employee appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section. -(g) When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of his or her position, the employee shall, if not placed in another position, be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, the employee shall be employed in a vacant position in the class of the employee’s previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the employee shall be listed in accordance with appropriate seniority regulations. -(h) The governing board of a district may require that an employee serve or have served continuously a specified period of time with the district before the benefits provided by this section are made available to the employee provided that this period shall not exceed three years and that all service of the employee prior to the effective date of this section shall be credited in determining compliance with the requirement. -(i) In the absence of rules and regulations adopted by the governing board of a district, pursuant to this section, an employee shall be entitled to industrial and accident or illness leave as provided in this section but without limitation as to the number of days of this leave and without any requirement of a specified period of service. -(j) An employee who has been placed on a reemployment list, as provided in this section, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed. -(k) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). -SEC. 3. -Section 87787 of the Education Code is amended to read: -87787. -(a) The governing board of a community college district shall provide by rules and regulations for industrial accident and illness leaves of absence for all academic employees. The governing board of a district that is created or whose boundaries or status is changed by an action to organize or reorganize districts completed after January 1, 1976, shall provide by rules and regulations for those leaves of absence on or before the date on which the organization or reorganization of the district becomes effective. -(b) The rules or regulations shall include all of the following provisions: -(1) Allowable leave shall be for not less than 60 days during which the schools of the district are required to be in session or when the employee would otherwise have been performing work for the district in any one fiscal year for the same accident. -(2) Allowable leave shall not be accumulated from year to year. -(3) Industrial accident or illness leave shall commence on the first day of absence. -(4) (A) When an academic employee is absent from his or her duties on account of an industrial accident or illness, the employee shall be paid the portion of the salary due him or her for any month in which the absence occurs as, when added to his or her temporary disability indemnity under Division 4 (commencing with Section 3200) or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to the employee of not more than his or her full salary. -(B) The phrase “full salary,” as utilized in this subdivision, shall be computed so that it shall not be less than the employee’s “average weekly earnings” as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable. -(5) Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award. -(6) When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him or her for the same illness or injury. -(c) Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Sections 87780, 87781 and 87786, and, for the purposes of each of these sections, his or her absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave. However, if the employee continues to receive temporary disability indemnity, he or she may elect to take as much of his or her accumulated sick leave which, when added to his or her temporary disability indemnity, will result in a payment to the employee of not more than his or her full salary. -(d) The governing board of a district, by rule or regulation, may provide for additional leave of absence for industrial accident or illness as it deems appropriate. -(e) During a paid leave of absence, the employee may endorse to the district the temporary disability indemnity checks received on account of his or her industrial accident or illness. The district, in turn, shall issue the employee appropriate salary warrants for payment of the employee’s salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to and retained by the employee for periods covered by the salary warrants. -(f) In the absence of rules and regulations adopted by the governing board of a district pursuant to this section, an employee shall be entitled to industrial accident or illness leave as provided in this section but without limitation as to the number of days of leave. -SEC. 4. -Section 88192 of the Education Code is amended to read: -88192. -(a) The governing board of a community college district shall provide, by rules and regulations, for industrial accident or illness leaves of absence for employees who are a part of the classified service. The governing board of a district that is created or whose boundaries or status is changed by an action to organize or reorganize districts completed after January 1, 1975, shall provide, by rules and regulations, for these leaves of absence on or before the date on which the organization or reorganization of the district becomes effective for all purposes. -(b) The rules and regulations shall include all of the following provisions: -(1) Allowable leave shall not be for less than 60 working days in any one fiscal year for the same accident. -(2) Allowable leave shall not be accumulative from year to year. -(3) Industrial accident or illness leave of absence will commence on the first day of absence. -(4) Payment for wages lost on any day shall not, when added to an award granted the employee under the workers’ compensation laws of this state, exceed the normal wage for the day. -(5) Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under workers’ compensation. -(6) When an industrial accident or illness occurs at a time when the full 60 days will overlap into the next fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury. -(c) The industrial accident or illness leave of absence is to be used in lieu of entitlement acquired under Section 88191. When entitlement to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used; but if an employee is receiving workers’ compensation, the employee shall be entitled to use only so much of the his or her accumulated or available sick leave, accumulated compensating time, vacation or other available leave which, when added to the workers’ compensation award, provide for a full day’s wage or salary. -(d) The governing board of a district, by rule or regulation, may provide for additional leave of absence, paid or unpaid, as it deems appropriate and during that leave the employee may return to the his or her position without suffering any loss of status or benefits. -(e) A period of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employee. -(f) During a paid leave of absence, whether industrial accident leave as provided in this section, sick leave, vacation, compensated time off or other available leave provided by law or the action of a governing board of a district, the employee shall endorse to the district wage loss benefit checks received under the workers’ compensation laws of this state. The district, in turn, shall issue the employee appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section. -(g) When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of his or her position, the employee, if not placed in another position, shall be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, the employee shall be employed in a vacant position in the class of his or her previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the employee shall be listed in accordance with appropriate seniority regulations. -(h) The governing board of a district may require that an employee serve, or have served continuously, a specified period of time with the district before the benefits provided by this section are made available to the employee. However, that period shall not exceed three years. All service of an employee prior to the effective date of this section shall be credited in determining compliance with the requirement. -(i) In the absence of rules and regulations adopted by the governing board of a district pursuant to this section, an employee shall be entitled to industrial and accident or illness leave as provided in this section but without limitation as to the number of days of that leave and without any requirement of a specified period of service. -(j) An employee who has been placed on a reemployment list, as provided in this section, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed. -This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060).","Existing law requires the governing board of a school district to provide by rules and regulations for industrial accident or illness leaves of absence for employees who are a part of the classified service and for all certificated employees. Existing law requires the governing board of a community college district to provide by rules and regulations for industrial accident or illness leaves of absence for employees who are part of the classified service and for all academic employees. Existing law requires an employee receiving benefits pursuant to these provisions to remain within California during periods of injury or illness, unless the governing board authorizes travel outside the state. -This bill would remove the travel restriction on an employee receiving these benefits.","An act to amend Sections 44984, 45192, 87787, and 88192 of the Education Code, relating to public education employees." -668,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The President’s New Freedom Commission on Mental Health (2003) reported that the use of behavioral restraint and seclusion poses significant risks for adults and children, including serious injury or death, retraumatizing people with a history of trauma or abuse, the loss of dignity, and other psychological harm. -(b) Although California currently requires the tracking and public reporting of the use of seclusion and restraint in state developmental centers and collects data regarding the use of restraint through the department’s special incident reporting system, the data concerning the use of restraint in community residential and other long-term care facilities and acute psychiatric hospitals serving individuals with developmental disabilities is not publicly reported. -(c) One of the best methods to achieve the goal of a reduction in the use of restraint is to ensure consistent data collection and analysis and public access to this data. -(d) It is the intent of the Legislature in enacting this act to ensure that data regarding the use of restraint in community residential and other long-term care facilities and acute psychiatric hospitals is publicly available as a means of ensuring quality services to individuals with developmental disabilities and a reduction in the use of restraint. -SEC. 2. -Section 4436.5 is added to the Welfare and Institutions Code, to read: -4436.5. -(a) For the purposes of this section, the following definitions apply: -(1) “Physical restraint” means any behavioral or mechanical restraint as defined in Section 1180.1 of the Health and Safety Code. -(2) “Chemical restraint” means a drug that is used to control behavior and that is used in a manner not required to treat the patient’s medical conditions. -(3) “Long-term health care facility” means a facility, as defined in Section 1418 of the Health and Safety Code, that is required to report to a regional center pursuant to Section 54327 of Title 17 of the California Code of Regulations. -(4) “Acute psychiatric hospital” means a facility, as defined in subdivision (b) of Section 1250 of the Health and Safety Code, including an institution for mental disease, that is a regional center vendor. -(5) “Regional center vendor” means an agency, individual, or service provider that a regional center has approved to provide vendored or contracted services or supports pursuant to paragraph (3) of subdivision (a) of Section 4648. -(b) The department shall ensure the consistent, timely, and public reporting of data it receives from regional centers pursuant to Section 54327 of Title 17 of the California Code of Regulations regarding the use of physical restraint, chemical restraint, or both, by all regional center vendors who provide residential services or supported living services pursuant to Section 4689, and by long-term health care facilities and acute psychiatric hospitals serving individuals with developmental disabilities. -(c) The department shall publish quarterly on its Internet Web site the following data, segregated by individual regional center vendor that provides residential services or supported living services and each individual long-term health care facility and acute psychiatric hospital that serves persons with developmental disabilities: -(1) The number of incidents of physical restraint. -(2) The number of incidents of chemical restraint. -SEC. 3. -Section 4659.2 is added to the Welfare and Institutions Code, to read: -4659.2. -(a) For the purposes of this section, the following definitions apply: -(1) “Physical restraint” means any behavioral or mechanical restraint, as defined in Section 1180.1 of the Health and Safety Code. -(2) “Chemical restraint” means a drug that is used to control behavior and that is used in a manner not required to treat the patient’s medical conditions. -(3) “Seclusion” means involuntary confinement of a person alone in a room or an area as defined in subdivision (e) of Section 1180.1 of the Health and Safety Code. -(4) “Long-term health care facility” means a facility, as defined in Section 1418 of the Health and Safety Code, that is required to report to a regional center pursuant to Section 54327 of Title 17 of the California Code of Regulations. -(5) “Acute psychiatric hospital” means a facility, as defined in subdivision (b) of Section 1250 of the Health and Safety Code, including an institution for mental disease, that is a regional center vendor. -(6) “Regional center vendor” means an agency, individual, or service provider that a regional center has approved to provide vendored or contracted services or supports pursuant to paragraph (3) of subdivision (a) of Section 4648. -(b) All regional center vendors that provide residential services or supported living services, long-term health care facilities, and acute psychiatric hospitals shall report each death or serious injury of a person occurring during, or related to, the use of seclusion, physical restraint, or chemical restraint, or any combination thereof, to the agency designated pursuant to subdivision (i) of Section 4900 no later than the close of the business day following the death or serious injury. The report shall include the encrypted identifier of the person involved, and the name, street address, and telephone number of the facility.","Existing law requires the Secretary of California Health and Human Services to develop technical assistance and training programs to support the efforts of community care facilities, group homes, skilled nursing facilities, intermediate care facilities, and mental health rehabilitation centers, among others, to reduce or eliminate the use of seclusion and behavioral restraints in these facilities. Existing law requires specified entities within the California Health and Human Services Agency to take steps to establish a system of mandatory, consistent, timely, and publicly accessible data collection regarding the use of seclusion and behavioral restraints in state hospitals operated by the State Department of State Hospitals, facilities operated by the State Department of Developmental Services, and other specified facilities that utilize seclusion or behavioral restraints. -Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services contracts with regional centers to provide services and supports to individuals with developmental disabilities. Existing law requires all vendors and long-term health care facilities, as defined, to report special incidents to a regional center, including, among other things, incidents of physical and chemical restraint. Existing law requires a regional center that receives information from a special incident report regarding the use of physical or chemical restraint, to report that information to the department, as specified. -This bill would require the department to ensure the consistent, timely, and public reporting of data it receives from regional centers and other specified facilities regarding the use of physical or chemical restraint and to publish that information on its Internet Web site. -This bill would also require regional center vendors that provide residential services or supported living services, long-term health care facilities, as defined, and acute psychiatric hospitals, as defined, to report each death or serious injury of a person occurring during, or related to, the use of seclusion, physical restraint, or chemical restraint, as specified. -This bill would make related findings and declarations.","An act to add Sections 4436.5 and 4659.2 to the Welfare and Institutions Code, relating to seclusion and restraint." -669,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7519.1 is added to the Business and Professions Code, immediately following Section 7519, to read: -7519.1. -(a) The Governor shall appoint a Private Investigator Disciplinary Review Committee, and may remove any member of the committee for misconduct, incompetency, or neglect of duty. -(b) The committee shall consist of three members actively engaged in the business of a licensed private investigator and two public members. The public members shall not be licensees or registrants, or engage in any business or profession in which any part of the fees, compensation, or revenue thereof, is derived from any licensee. -(c) The committee shall meet every 60 days or more or less frequently as may be required. The members shall be paid per diem pursuant to Section 103 and shall be reimbursed for actual travel expenses. The members shall be appointed for a term of four years. -(d) This section shall become operative on July 1, 2017. -SEC. 2. -Section 7519.2 is added to the Business and Professions Code, to read: -7519.2. -(a) The Private Investigator Disciplinary Review Committee shall perform the following functions: -(1) Affirm, rescind, or modify all decisions concerning administrative fines assessed by the bureau against private investigators that are appealed to the committee. -(2) Affirm, rescind, or modify all decisions concerning denial, suspension, or revocation of licenses or permits issued by the bureau, except denials, suspensions, or revocations ordered by the director in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code that are appealed to the committee. -(b) The committee may grant a probationary license with respect to the appealed decisions described in subdivision (a). -(c) This section shall become operative on July 1, 2017. -SEC. 3. -Section 7519.3 is added to the Business and Professions Code, to read: -7519.3. -(a) (1) A person licensed with the department under this chapter may appeal the assessment of an administrative fine to the Private Investigator Disciplinary Review Committee. A person denied, suspended of, or revoked of a license under this chapter may appeal to the committee, unless the denial, suspension, or revocation of the license is ordered by the director in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. -(2) A request for an appeal to the committee shall be made in a written notice to the department within 30 days of the assessment of an administrative fine or denial, suspension, or revocation of a license. -(3) Following review by the committee of the appeal, the appellant shall be notified in writing, by regular mail, within 30 days of the committee’s decision on the appeal. -(4) If the appellant disagrees with the decision made by the committee, the appellant may request a hearing as described in subdivision (b). A request for a hearing following a decision by the committee shall be made by written notice to the department within 30 days following notice of the committee’s decision. -(5) If the appellant does not request a hearing within those 30 days, the committee’s decision shall become final. -(b) (1) A person licensed with the department under this chapter may request a hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code if he or she contests an assessment of an administrative fine, or to appeal a denial, suspension, or revocation of a license. A hearing may also be requested, if the appellant disagrees with the decision made by the committee. -(2) A request for a hearing shall be made by written notice to the department within 30 days following the issuance of the decision by the committee. A hearing pursuant to this subdivision shall be available only after a review by the committee. -(c) This section shall become operative on July 1, 2017. -SEC. 4. -Section 7519.4 is added to the Business and Professions Code, to read: -7519.4. -(a) The Private Investigator Disciplinary Review Committee shall be provided all evidence used by the bureau in reaching its decision prior to hearing an appeal. -(b) This section shall become operative on July 1, 2017. -SEC. 5. -Section 7525.1 of the Business and Professions Code, as amended by Section 4 of Chapter 669 of the Statutes of 2014, is amended to read: -7525.1. -An application shall be verified and shall include: -(a) The full name and business address of the applicant. -(b) The name under which the applicant intends to do business. -(c) A statement as to the general nature of the business in which the applicant intends to engage. -(d) A verified statement of his or her experience qualifications. -(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, an officer of a corporation designated in subdivision (h), or a managing member of a limited liability company designated in subdivision (i), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury. -(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology. -(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury. -(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person, under penalty of perjury, under penalty of perjury by all of the partners and the qualified manager, or by all of the partners or the qualified manager. -(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury. -(i) If the applicant for a license is a limited liability company, the application shall state the true name and complete residence address of each managing member and any other officer or member who will be active in the business to be licensed. A copy of the most recent articles of organization, as filed by the Secretary of State, shall be supplied to the bureau upon request. The application shall also state the name and residence address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized member of the applicant under penalty of perjury. -(j) Any other information, evidence, statements, or documents as may be required by the director. -(k) At the discretion of the applicant, a valid email address. -(l) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. -SEC. 6. -Section 7525.1 of the Business and Professions Code, as added by Section 5 of Chapter 669 of the Statutes of 2014, is amended to read: -7525.1. -An application shall be verified and shall include: -(a) The full name and business address of the applicant. -(b) The name under which the applicant intends to do business. -(c) A statement as to the general nature of the business in which the applicant intends to engage. -(d) A verified statement of his or her experience qualifications. -(e) (1) If the applicant is an individual, a qualified manager, a partner of a partnership, or an officer of a corporation designated in subdivision (h), one personal identification form provided by the bureau upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, on a form approved by the Department of Justice, and a personal description of each person, respectively. The identification form shall include residence addresses and employment history for the previous five years and be signed under penalty of perjury. -(2) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology. -(f) In addition, if the applicant for a license is an individual, the application shall list all other names known as or used during the past 10 years and shall state that the applicant is to be personally and actively in charge of the business for which the license is sought. If any other qualified manager is to be actively in charge of the business, the application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed by that person under penalty of perjury. -(g) If the applicants for a license are copartners, the application shall state the true names and addresses of all partners and the name of the partner to be actively in charge of the business for which the license is sought and list all other names known as or used during the past 10 years. If a qualified manager other than a partner is to be actively in charge of the business, then the application shall be subscribed, verified, and signed by all of the partners under penalty of perjury. If any other person is to be actively in charge of the business, the application shall also be subscribed, verified, and signed under penalty of perjury by that person, by all of the partners and the qualified manager, or by all of the partners or the qualified manager. -(h) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The application shall also state the name and address of the designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant and by the qualified manager thereof, under penalty of perjury. -(i) Any other information, evidence, statements, or documents as may be required by the director. -(j) At the discretion of the applicant, a valid email address. -(k) This section shall become operative on January 1, 2018. -SEC. 7. -Section 7541 of the Business and Professions Code is amended to read: -7541. -Except as otherwise provided by this section, an applicant, or his or her manager, for a license as a private investigator shall have had at least three years’ experience in investigation work. -A year’s experience shall consist of not less than 2,000 hours of actual compensated work performed by each applicant preceding the filing of an application. -An applicant who holds a law degree or who has completed a four-year course in police science, criminal justice, criminal law, or the equivalent thereof shall be required to have had two years’ experience in investigation work. -An applicant shall substantiate the claimed years of qualifying experience and the exact details as to the character and nature thereof by written certifications from the employer or qualified manager, subject to independent verification by the director as he or she may determine. -Notwithstanding any other law, only an employer, qualified manager, or his or her designated agent may certify experience for purposes of this section. For purposes of this section, the term “employer” shall mean only those persons, corporations, partnerships, proprietorships, or other associations which, in the employ of the designated individual, regularly and routinely withheld income taxes and other payroll deductions for direct forwarding to governmental taxing authorities. For the purposes of this section, the term “qualified manager” shall mean only a manager who has qualified pursuant to Section 7536 and who has directly overseen the work and experience of the applicant. -An employer who is a licensee or qualified manager shall respond in writing within 30 days to an applicant’s written request for certifications of the applicant’s work experience as an employee and either provide the certifications or the reasons for denial. If the applicant notifies the director in writing, under penalty of perjury, that the applicant is unable to obtain the required written response from a licensee or provides the licensee’s written denial and states, under penalty of perjury, that the licensee’s reasons for denial are invalid or insufficient and the director concurs, the director may require the licensee to provide the bureau with all relevant employment records maintained pursuant to Section 7531.5 regarding the applicant for evaluation in substantiating the applicant’s employment experience. -SEC. 8. -Section 7541.1 of the Business and Professions Code is amended to read: -7541.1. -(a) Notwithstanding any other law, experience for purposes of taking the examination for licensure as a private investigator shall be limited to those activities actually performed in connection with investigations, as defined in Section 7521, and only if those activities are performed by persons who are employed or managed in the following capacities: -(1) Sworn law enforcement officers possessing powers of arrest and employed by agencies in the federal, state, or local government. -(2) Military police of the armed forces of the United States or the National Guard. -(3) An insurance adjuster or their employees subject to Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code. -(4) Persons employed by a private investigator who are duly licensed in accordance with this chapter, or managed by a qualified manager in accordance with Section 7536. -(5) Persons employed by repossessors duly licensed in accordance with Chapter 11 (commencing with Section 7500), only to the extent that those persons are routinely and regularly engaged in the location of debtors or the location of personal property utilizing methods commonly known as “skip tracing.” For purposes of this section, only that experience acquired in that skip tracing shall be credited toward qualification to take the examination. -(6) Persons duly trained and certified as an arson investigator and employed by a public agency engaged in fire suppression. -(7) Persons trained as investigators and employed by a public defender to conduct investigations. -(b) For purposes of Section 7541, persons possessing an associate of arts degree in police science, criminal law or justice from an accredited college shall be credited with 1,000 hours of experience in investigative activities. -(c) The following activities shall not be deemed to constitute acts of investigation for purposes of experience toward licensure: -(1) The serving of legal process or other documents. -(2) Activities relating to the search for heirs or similar searches which involve only a search of public records or other reference sources in the public domain. -(3) The transportation or custodial attendance of persons in the physical custody of a law enforcement agency. -(4) The provision of bailiff or other security services to a court of law. -(5) The collection or attempted collection of debts by telephone or written solicitation after the debtor has been located. -(6) The repossession or attempted repossession of personal property after that property has been located and identified. -(d) Where the activities of employment of an applicant include those which qualify as bona fide experience as stated in this section as well as those which do not qualify, the director may, by delegation to the bureau, determine and apportion that percentage of experience for which any applicant is entitled to credit.","The Private Investigator Act provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services within the Department of Consumer Affairs and requires the Director of Consumer Affairs to administer and enforce the act. The act authorizes the director to deny, suspend, or revoke a license if the director determines, among other things, that any provision of the act was violated by the licensee. The act also authorizes the director to impose a civil penalty of no greater than $500 instead of suspending or revoking a license issued under the act for the violation of specified provisions if the director determines that the imposition of the civil penalty better serves the purposes of the act. The act requires an application for a license to be verified and include certain information, including, but not limited to, the full name and business address of the applicant. -This bill would require the Governor to appoint a Private Investigator Disciplinary Review Committee, and would authorize the Governor to remove any member of the committee for misconduct, incompetency, or neglect of duty. The bill would require the committee to consist of 3 members actively engaged in the business of a licensed private investigator and 2 public members and would require members to be appointed for a term of 4 years. The bill would require the committee to meet every 60 days or more or less frequently as may be required, and would require that the members be paid per diem and be reimbursed for actual travel expenses. The bill would require the committee to perform certain functions, including affirming, rescinding, or modifying decisions concerning administrative fines or the denial, suspension, or revocation of licenses that are appealed to the committee, as specified. The bill would authorize the committee to grant a probationary license with respect to appealed decisions, as specified. The bill would authorize a person licensed under the act to appeal the assessment of an administrative fine to the committee, and would authorize a person denied, suspended of, or revoked of a license to appeal to the committee, except as specified, if the appeal is in writing and made within 30 days of the assessment of the fine or denial, suspension, or revocation of the license. The bill would require the committee to notify the appellant in writing, by regular mail, of the committee’s decision within 30 days of that decision. The bill would also authorize the appellant to request a hearing, as specified, if, among other things, the appellant disagrees with the committee’s decision regarding the appeal. The bill would require that all evidence used by the bureau be provided to the committee prior to hearing an appeal. The bill would make the above provisions operative on July 1, 2017. -This bill would also authorize an applicant to, at his or her discretion, include a valid email address on the application. -Existing law requires an applicant, or his or her manager, for a license as a private investigator to have had at least 3 years’ experience in investigation work. Existing law requires an applicant to substantiate the claimed years of qualifying experience and the exact details as to the character and nature thereof by written certifications from the employer, subject to independent verification by the Director of Consumer Affairs as he or she may determine. Under existing law, the business of each licensee is required to be operated under the active direction, control, charge, or management, in this state, of the licensee, if he or she is qualified, or the person who is qualified to act as the licensee’s manager, if the licensee is not qualified. Existing law prohibits a person from acting as a qualified manager of a licensee until he or she has complied with certain requirements. -This bill would additionally authorize that written certification to be from a qualified manager, as specified. -Existing law requires experience for purposes of taking the examination for licensure as a private investigator to be limited to those activities actually performed in connection with investigations, as defined, and only if those activities are performed by persons who are employed in certain specified capacities. -This bill would additionally authorize such activities to be performed by persons who are managed, as specified, in those capacities.","An act to amend Sections 7525.1, 7541, and 7541.1 of, and to add Sections 7519.1, 7519.2, 7519.3, and 7519.4 to, the Business and Professions Code, relating to private investigators." -670,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3750 of the Business and Professions Code is amended to read: -3750. -The board may order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license issued under this chapter, for any of the following causes: -(a) Advertising in violation of Section 651 or Section 17500. -(b) Fraud in the procurement of any license under this chapter. -(c) Employing an unlicensed person who presents herself or himself as a licensed respiratory care practitioner when the employer knew or should have known the person was not licensed. -(d) Conviction of a crime that substantially relates to the qualifications, functions, or duties of a respiratory care practitioner. The record of conviction or a certified copy thereof shall be conclusive evidence of the conviction. -(e) Impersonating or acting as a proxy for an applicant in any examination given under this chapter. -(f) Negligence in his or her practice as a respiratory care practitioner. -(g) Conviction of a violation of this chapter or of Division 2 (commencing with Section 500), or violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate this chapter or Division 2 (commencing with Section 500). -(h) The aiding or abetting of any person to violate this chapter or any regulations duly adopted under this chapter. -(i) The aiding or abetting of any person to engage in the unlawful practice of respiratory care. -(j) The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, or duties of a respiratory care practitioner. -(k) Falsifying, or making grossly incorrect, grossly inconsistent, or unintelligible entries in any patient, hospital, or other record. -(l) Changing the prescription of a physician and surgeon, or falsifying verbal or written orders for treatment or a diagnostic regime received, whether or not that action resulted in actual patient harm. -(m) Denial, suspension, or revocation of any license to practice by another agency, state, or territory of the United States for any act or omission that would constitute grounds for the denial, suspension, or revocation of a license in this state. -(n) (1) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of bloodborne infectious diseases from licensee to patient, from patient to patient, and from patient to licensee. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, regulations, and guidelines pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other bloodborne pathogens in health care settings. As necessary, the board shall consult with the California Medical Board, the Board of Podiatric Medicine, the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision. -(2) The board shall seek to ensure that licensees are informed of the responsibility of licensees and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of bloodborne infectious diseases. -(o) Incompetence in his or her practice as a respiratory care practitioner. -(p) A pattern of substandard care or negligence in his or her practice as a respiratory care practitioner, or in any capacity as a health care worker, consultant, supervisor, manager or health facility owner, or as a party responsible for the care of another. -(q) Providing false statements or information on any form provided by B5D9""> -3755. -(a) The board may take action against a respiratory care practitioner who is charged with unprofessional conduct in administering, or attempting to administer, direct or indirect respiratory care in any care setting. Unprofessional conduct includes, but is not limited to, the following: -(1) Repeated acts of clearly administering directly or indirectly inappropriate respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques. -(2) Any act of administering unsafe respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques. -(3) Any act of abuse towards a patient. -(4) A violation of any provision of Section 3750. -(b) The board may determine unprofessional conduct involving any and all aspects of respiratory care performed by anyone licensed as a respiratory care practitioner. -(c) Any person who engages in repeated acts of unprofessional conduct shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for a term not to exceed six months, or by both that fine and imprisonment. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Under the Respiratory Care Practice Act, the Respiratory Care Board of California licenses and regulates the practice of respiratory care and therapy. The act authorizes the board to order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license issued under the act, for any of specified causes. A violation of the act is a crime. -This bill would include among those causes for discipline the employment of an unlicensed person who presents herself or himself as a licensed respiratory care practitioner when the employer should have known the person was not licensed. The bill would also include among those causes for discipline the provision of false statements or information on any form provided by the board or to any person representing the board during an investigation, probation monitoring compliance check, or any other enforcement-related action when the individual knew or should have known the statements or information was false. -The bill would provide that the expiration, cancellation, forfeiture, or suspension of a license, practice privilege, or other authority to practice respiratory care, the placement of a license on a retired status, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to commence or proceed with any investigation of, or action or disciplinary proceeding against, the licensee, or to render a decision to suspend or revoke the license. -(2) Under the act the board may take action against a respiratory care practitioner who is charged with unprofessional conduct which includes, but is not limited to, repeated acts of clearly administering directly or indirectly inappropriate or unsafe respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques, and violation of any provision for which the board may order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license. The act provides that engaging in repeated acts of unprofessional conduct is a crime. -This bill would expand the definition of unprofessional conduct to include any act of abuse towards a patient and any act of administering unsafe respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques. Because this bill would change the definition of a crime, it would impose a state-mandated local program. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 3750 and 3755 of, and to add Section 3754.8 to, the Business and Professions Code, relating to healing arts." -671,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 1 (commencing with Section 18701) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: -Article 1. State Children’s Trust Fund -18701. -(a) An individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the State Children’s Trust Fund established by Section 18969 of the Welfare and Institutions Code. -(b) The contributions shall be in full dollar amounts and may be made individually by each signatory on a joint return. -(c) A designation under subdivision (a) shall be made for a taxable year on the original return for that taxable year, and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made. -(d) If an individual designates a contribution to more than one account or fund listed on the tax return, and the amount available is insufficient to satisfy the total amount designated, the contribution shall be allocated among the designees on a pro rata basis. -(e) The Franchise Tax Board shall revise the form of the return to include a space labeled “State Children’s Trust Fund for the Prevention of Child Abuse” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to support child abuse prevention programs with demonstrated success, public education efforts to change adult behaviors and educate parents, innovative research to identify best practices, and the replication of those practices to prevent child abuse and neglect. -(f) Notwithstanding any other law, a voluntary contribution designation for the State Children’s Trust Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available, whichever occurs first. -(g) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for a contribution made pursuant to subdivision (a). -18702. -The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18701 to be transferred to the State Children’s Trust Fund, as established by Section 18969 of the Welfare and Institutions Code. The Controller shall transfer from the Personal Income Tax Fund to the State Children’s Trust Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18701 for payment into that fund. -18703. -All money transferred to the State Children’s Trust Fund pursuant to this article, upon appropriation by the Legislature, shall be allocated as follows: -(a) To the Franchise Tax Board and the Controller for reimbursement of all costs incurred by the Franchise Tax Board and the Controller in connection with their duties under this article. -(b) Up to 10 percent of all moneys appropriated pursuant to this article, to the State Department of Social Services to pursue public education about child abuse and neglect prevention and early intervention in order to encourage voluntary contributions to the State Children’s Trust Fund. The State Department of Social Services may delegate these duties by entering into a contract with a designated private entity that has demonstrated experience in education and promotion. -(c) The remainder to the State Department of Social Services for innovative child abuse and neglect prevention and intervention programs operated by private nonprofit organizations or public institutions of higher education with recognized expertise in fields related to child welfare and for evaluation, research, or dissemination of information concerning existing program models for the purpose of replication of successful models as specified in Article 5 (commencing with Section 18965) of Chapter 11 of Part 6 of Division 9 of the Welfare and Institutions Code. -18704. -It is the intent of the Legislature that this article creates an additional source of funding for a specified purpose. The funds generated by this article shall not be used in place of funds from other sources that are available to the State Children’s Trust Fund. -18705. -(a) Except as otherwise provided in paragraph (2) of subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the State Children’s Trust Fund on the personal income tax return, and is repealed as of December 1 of that year. -(b) (1) By September 1 of the second calendar year and each subsequent calendar year that the State Children’s Trust Fund appears on the tax return, the Franchise Tax Board shall do all of the following: -(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. -(B) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. -(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article is inoperative with respect to taxable years beginning on or after January 1 of that calendar year, and shall be repealed on December 1 of that calendar year. -(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the State Children’s Trust Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c). -(c) For each calendar year, beginning with the third calendar year after the first appearance of the State Children’s Trust Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows: -(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. -(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041. -(d) Notwithstanding the repeal of this article, any contribution amounts designated pursuant to this article prior to its repeal shall continue to be transferred and disbursed in accordance with this article as in effect immediately prior to that repeal. -SEC. 2. -Section 18969 of the Welfare and Institutions Code is amended to read: -18969. -(a) There is hereby created in the State Treasury a fund which shall be known as the State Children’s Trust Fund. The fund shall consist of funds received from a county pursuant to Section 18968, funds collected by the state and transferred to the fund pursuant to subdivision (b) of Section 103625 of the Health and Safety Code and Article 1 (commencing with Section 18701) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, grants, gifts, or bequests made to the state from private sources to be used for innovative and distinctive child abuse and neglect prevention and intervention projects, and money appropriated to the fund for this purpose by the Legislature. The State Registrar may retain a percentage of the fees collected pursuant to Section 103625 of the Health and Safety Code, not to exceed 10 percent, in order to defray the costs of collection. -(b) Money in the State Children’s Trust Fund, upon appropriation by the Legislature, shall be allocated to the State Department of Social Services for the purpose of funding child abuse and neglect prevention and intervention programs. The department may not supplant any federal, state, or county funds with any funds made available through the State Children’s Trust Fund. -(c) The department may establish positions as needed for the purpose of implementing and administering child abuse and neglect prevention and intervention programs that are funded by the State Children’s Trust Fund. However, the department shall use no more than 5 percent of the funds appropriated pursuant to this section, exclusive of the funds transferred to the State Children’s Trust Fund pursuant to Article 1 (commencing with Section 18701) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, for administrative costs. Administrative costs do not include the moneys allocated to the department to pursue public education about child abuse and neglect prevention and early intervention as described in subdivision (b) of Section 18703 of the Revenue and Taxation Code. -(d) No State Children’s Trust Fund money shall be used to supplant state General Fund money for any purpose. -(e) It is the intent of the Legislature that the State Children’s Trust Fund provide for all of the following: -(1) The development of a public-private partnership by encouraging consistent outreach to the private foundation and corporate community. -(2) Funds for large-scale dissemination of information that will promote public awareness regarding the nature and incidence of child abuse and the availability of services for intervention. These public awareness activities shall include, but not be limited to, the production of public service announcements, well-designed posters, pamphlets, booklets, videos, and other media tools. -(3) Research and demonstration projects that explore the nature and incidence and the development of long-term solutions to the problem of child abuse. -(4) The development of a mechanism to provide ongoing public awareness through activities that will promote the charitable tax deduction for the trust fund and seek continued contributions. These activities may include convening a philanthropic roundtable, developing literature for use by the State Bar of California for dissemination, and whatever other activities are deemed necessary and appropriate to promote the trust fund.","Existing law allows individual taxpayers to contribute amounts in excess of their personal tax liability for the support of specified funds or accounts and previously allowed contributions to the State Children’s Trust Fund, which provides funding for child abuse and neglect prevention and intervention programs. -This bill, for taxable years beginning on or after January 1, 2015, would allow individual taxpayers to contribute amounts in excess of their tax liability to the State Children’s Trust Fund. The bill would prohibit a voluntary contribution designation for this fund from being added on the form of the tax return until another designation is removed or space is available, whichever occurs first. -This bill would require moneys in the State Children’s Trust Fund from the voluntary contributions, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller for reimbursement of costs, as provided, and the balance to the State Department of Social Services for specified uses related to the prevention of child abuse and neglect, as provided. -This bill would provide that these voluntary contribution provisions are inoperative and repealed on the earlier of the following: inoperative on January 1 of the 5th taxable year following the first appearance of the fund on the tax return and repealed on December 1 of that year or inoperative for taxable years beginning on or after January 1 of a specified calendar year in which the Franchise Tax Board estimates by September 1 that the contributions made on returns filed in that calendar year will be less than $250,000, or an adjusted amount for subsequent taxable years, and repealed on December 1 of that calendar year.","An act to add and repeal Article 1 (commencing with Section 18701) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, and to amend Section 18969 of the Welfare and Institutions Code, relating to taxation." -672,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 638.50 is added to the Penal Code, to read: -638.50. -For purposes of this chapter, the following terms have the following meanings: -(a) “Wire communication” and “electronic communication” have the meanings set forth in subdivision (a) of Section 629.51. -(b) “Pen register” means a device or process that records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, but not the contents of a communication. “Pen register” does not include a device or process used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider, or a device or process used by a provider or customer of a wire communication service for cost accounting or other similar purposes in the ordinary course of its business. -(c) “Trap and trace device” means a device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing, or signaling information reasonably likely to identify the source of a wire or electronic communication, but not the contents of a communication. -SEC. 2. -Section 638.51 is added to the Penal Code, to read: -638.51. -(a) Except as provided in subdivision (b), a person may not install or use a pen register or a trap and trace device without first obtaining a court order pursuant to Section 638.52 or 638.53. -(b) A provider of electronic or wire communication service may use a pen register or a trap and trace device for any of the following purposes: -(1) To operate, maintain, and test a wire or electronic communication service. -(2) To protect the rights or property of the provider. -(3) To protect users of the service from abuse of service or unlawful use of service. -(4) To record the fact that a wire or electronic communication was initiated or completed to protect the provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful, or abusive use of service. -(5) If the consent of the user of that service has been obtained. -(c) A violation of this section is punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment. -(d) A good faith reliance on an order issued pursuant to Section 638.52, or an authorization made pursuant to Section 638.53, is a complete defense to a civil or criminal action brought under this section or under this chapter. -SEC. 3. -Section 638.52 is added to the Penal Code, to read: -638.52. -(a) A peace officer may make an application to a magistrate for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and trace device. The application shall be in writing under oath or equivalent affirmation, and shall include the identity of the peace officer making the application and the identity of the law enforcement agency conducting the investigation. The applicant shall certify that the information likely to be obtained is relevant to an ongoing criminal investigation and shall include a statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates. -(b) The magistrate shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device if he or she finds that the information likely to be obtained by the installation and use of a pen register or a trap and trace device is relevant to an ongoing investigation and that there is probable cause to believe that the pen register or trap and trace device will lead to any of the following: -(1) Recovery of stolen or embezzled property. -(2) Property or things used as the means of committing a felony. -(3) Property or things in the possession of a person with the intent to use them as a means of committing a public offense, or in the possession of another to whom he or she may have delivered them for the purpose of concealing them or preventing them from being discovered. -(4) Evidence that tends to show a felony has been committed, or tends to show that a particular person has committed or is committing a felony. -(5) Evidence that tends to show that sexual exploitation of a child, in violation of Section 311.3, or possession of matter depicting sexual conduct of a person under 18 years of age, in violation of Section 311.11, has occurred or is occurring. -(6) The location of a person who is unlawfully restrained or reasonably believed to be a witness in a criminal investigation or for whose arrest there is probable cause. -(7) Evidence that tends to show a violation of Section 3700.5 of the Labor Code, or tends to show that a particular person has violated Section 3700.5 of the Labor Code. -(8) Evidence that does any of the following: -(A) Tends to show that a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code, has been committed or is being committed. -(B) Tends to show that a particular person has committed or is committing a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code. -(C) Will assist in locating an individual who has committed or is committing a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code. -(c) Information acquired solely pursuant to the authority for a pen register or a trap and trace device shall not include any information that may disclose the physical location of the subscriber, except to the extent that the location may be determined from the telephone number. Upon the request of the person seeking the pen register or trap and trace device, the magistrate may seal portions of the application pursuant to People v. Hobbs (1994) 7 Cal.4th 948, and Sections 1040, 1041, and 1042 of the Evidence Code. -(d) An order issued pursuant to subdivision (b) shall specify all of the following: -(1) The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached. -(2) The identity, if known, of the person who is the subject of the criminal investigation. -(3) The number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order. -(4) A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates. -(5) The order shall direct, if the applicant has requested, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device. -(e) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 60 days. -(f) Extensions of the original order may be granted upon a new application for an order under subdivisions (a) and (b) if the officer shows that there is a continued probable cause that the information or items sought under this subdivision are likely to be obtained under the extension. The period of an extension shall not exceed 60 days. -(g) An order or extension order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that the order be sealed until otherwise ordered by the magistrate who issued the order, or a judge of the superior court, and that the person owning or leasing the line to which the pen register or trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or to any other person, unless or until otherwise ordered by the magistrate or a judge of the superior court, or for compliance with Sections 1054.1 and 1054.7. -(h) Upon the presentation of an order, entered under subdivisions (b) or (f), by a peace officer authorized to install and use a pen register, a provider of wire or electronic communication service, landlord, custodian, or other person shall immediately provide the peace officer all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services provided to the party with respect to whom the installation and use is to take place, if the assistance is directed by the order. -(i) Upon the request of a peace officer authorized to receive the results of a trap and trace device, a provider of a wire or electronic communication service, landlord, custodian, or other person shall immediately install the device on the appropriate line and provide the peace officer all information, facilities, and technical assistance, including installation and operation of the device unobtrusively and with a minimum of interference with the services provided to the party with respect to whom the installation and use is to take place, if the installation and assistance is directed by the order. -(j) Unless otherwise ordered by the magistrate, the results of the pen register or trap and trace device shall be provided to the peace officer at reasonable intervals during regular business hours for the duration of the order. -(k) The magistrate, before issuing the order pursuant to subdivision (b), may examine on oath the person seeking the pen register or the trap and trace device, and any witnesses the person may produce, and shall take his or her affidavit or their affidavits in writing, and cause the affidavit or affidavits to be subscribed by the parties making them. -SEC. 4. -Section 638.53 is added to the Penal Code, to read: -638.53. -(a) Except as otherwise provided in this chapter, upon an oral application by a peace officer, a magistrate may grant oral approval for the installation and use of a pen register or a trap and trace device, without an order, if he or she determines all of the following: -(1) There are grounds upon which an order could be issued under Section 638.52. -(2) There is probable cause to believe that an emergency situation exists with respect to the investigation of a crime. -(3) There is probable cause to believe that a substantial danger to life or limb exists justifying the authorization for immediate installation and use of a pen register or a trap and trace device before an order authorizing the installation and use can, with due diligence, be submitted and acted upon. -(b) (1) By midnight of the second full court day after the pen register or trap and trace device is installed, a written application pursuant to Section 638.52 shall be submitted by the peace officer who made the oral application to the magistrate who orally approved the installation and use of a pen register or trap and trace device. If an order is issued pursuant to Section 638.52, the order shall also recite the time of the oral approval under subdivision (a) and shall be retroactive to the time of the original oral approval. -(2) In the absence of an authorizing order pursuant to paragraph (1), the use shall immediately terminate when the information sought is obtained, when the application for the order is denied, or by midnight of the second full court day after the pen register or trap and trace device is installed, whichever is earlier. -(c) A provider of a wire or electronic communication service, landlord, custodian, or other person who provides facilities or technical assistance pursuant to this section shall be reasonably compensated by the requesting peace officer’s law enforcement agency for the reasonable expenses incurred in providing the facilities and assistance. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes the Attorney General or a district attorney to make a written application to a judge of a superior court for an order permitting the interception of wire communication and electronic communication, as defined. Existing law permits an application to be made informally and granted orally if an emergency situation exists, and other factors are present. Existing law conditions the granting of an oral approval on the filing of a written application by midnight of the second full court day after the oral approval is made. Existing law prohibits a communication interception from lasting for longer than 30 days. Existing law permits an extension of the original order, not to exceed 30 days, upon a showing that there is continued probable cause that the information sought is likely to be obtained under the extension. -This bill would prohibit a person, other than a provider of electronic or wire communication service for specified purposes, from installing or using a pen register or a trap and trace device, as defined. The bill would authorize a peace officer to make a written application to a magistrate for an order permitting the installation and use of a pen register or a trap and trace device. The bill would require the magistrate to enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device only in specified circumstances and would permit the magistrate to question the peace officer pertaining to the need for the information. The bill would also permit an application to be made informally and granted orally if an emergency situation exists, and other factors are present. The bill would condition the grant of an oral approval on the filing of a written application by midnight of the second full court day after the pen register or trap and trace device is installed. The bill would prohibit the installation and use of a pen register or trap and trace device for longer than 60 days. The bill would permit an extension of the original order, not to exceed 60 days, upon a showing that there is continued probable cause that the information sought is likely to be obtained under the extension. The bill would clarify that any location information obtained by a pen register or a track and trace device is limited to the information that can be determined from the telephone number. -The bill would make the prohibited installation or use of a pen register or a trap and trace device punishable by a fine not exceeding $2,500, or by imprisonment in the county jail not exceeding 1 year, or by imprisonment in state prison for offenders with specified prior convictions, or by both that fine and imprisonment. By creating a new crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Sections 638.50, 638.51, 638.52, and 638.53 to the Penal Code, relating to privacy." -673,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares as follows: -(a) On December 4, 2015, Congress passed, and the President signed into law, the Fixing America’s Surface Transportation (FAST) Act (Public Law 114-94). -(b) The FAST Act provides long-term funding certainty for surface transportation and requires the National Highway Traffic Safety Administration (NHTSA) to award certain grants pursuant to rulemaking. -(c) The FAST Act includes grant programs for states that meet requirements associated with impaired driving interventions, including 24/7 Sobriety programs. These programs typically approach impaired driving deterrence by focusing on the most high-risk offendogram pursuant to Sections 402 and 405 of Title 23 of the United States Code. -(f) It is the intent of the Legislature in enacting this act to authorize a statewide 24/7 Sobriety program so that California is eligible for the new 24/7 FAST Act grant funding and additional funding available through NHTSA. -SEC. 2. -Section 23582.5 is added to the Vehicle Code, to read: -23582.5. -(a) The court may order a person convicted of a violation of Section 23152 or 23153 to enroll and participate in, and successfully complete, a qualified 24/7 Sobriety program, as described in subdivision (d), as a condition of probation, parole, sentence, or work permit if the program is available and deemed appropriate, and the person committed the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction. -(b) The court may require a person who has been arrested for a violation of Section 23152 or 23153 to enroll and participate in, and successfully complete, a qualified 24/7 Sobriety program, as described in subdivision (d), as a condition of release on bond, if the program is available and deemed appropriate, and the person committed the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction. -(c) (1) A person whose driving privilege has been suspended or revoked pursuant to Section 13352 or 13353 and who subsequently applies to the department for a restricted driving privilege, shall be permitted to enroll and participate in, and successfully complete, a 24/7 Sobriety program as a condition of obtaining the restricted driving privilege if the program is available and deemed appropriate, and the person committed the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction. The restricted driving privilege granted under this subdivision may be conditioned on participation in the 24/7 Sobriety program as an alternative to, or in conjunction with, participation in an ignition interlock device program. -(2) Notwithstanding any other provision of this section, a person subject to this subdivision shall participate in the 24/7 Sobriety program for a minimum of one year. -(d) For purposes of this section, a “24/7 Sobriety program” requires a participant to abstain from alcohol or controlled substance use for a designated period of time and be subject to breath testing for alcohol or controlled substances at least twice per day at a testing location as the primary testing methodology, or by continuous transdermal monitoring device, or by an alternative method approved by NHTSA in the event of a hardship. Program violations shall be met with immediate but modest sanctions. The 24/7 Sobriety program methodology shall be evidence-based. “Evidence-based” means the program methodology meets at least two of the following criteria: -(1) Evaluation research shows that the program produces the expected positive results. -(2) The results can be attributed to the program itself, rather than to other extraneous factors or events. -(3) The evaluation is peer reviewed by experts in the field. -(4) The program is endorsed by a federal agency or respected research organization and included in its list of effective programs. -(e) A person ordered into a 24/7 Sobriety program may also be required to participate in any other driving-under-the-influence program required under California law, including, but not limited to, programs provided in Section 11836 of the Health and Safety Code. -(f) Testing locations and methods that provide the best ability to sanction a violation as close in time as reasonably feasible to the occurrence of the violation should be given preference. -(g) In order to enable all required defendants to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. -(h) The court shall not impose a program of more than 180 days in length unless the defendant tests positive for alcohol or an unauthorized controlled substance or fails to appear for a test. -(i) The Office of Traffic Safety shall include a description of the provisions authorizing the 24/7 Sobriety program pursuant to this section in its highway safety plan required to be submitted to the NHTSA under subsection (k) of Section 402 of Title 23 of the United States Code, including any application requirements necessary to qualify for grants under Section 405 of Title 23 of the United States Code. -(j) The department shall establish statewide uniform collection and reporting of all of the following data: -(1) Participant demographic information. -(2) Participant case history information. -(3) Testing information, including testing duration, test results, and testing attendance. -(4) Fees and fee payments. -SECTION 1. -Section 1808 of the -Vehicle Code -is amended to read: -1808. -(a)Except when a specific provision of law prohibits the disclosure of records or information or provides for confidentiality, all records of the department relating to the registration of vehicles, other information contained on an application for a driver’s license, abstracts of convictions, and abstracts of accident reports required to be sent to the department in Sacramento, except for abstracts of accidents when, in the opinion of a reporting officer, another individual was at fault, shall be open to public inspection during office hours. All abstracts of accident reports shall be available to law enforcement agencies and courts of competent jurisdiction. -(b)The department shall make available or disclose abstracts of convictions and abstracts of accident reports required to be sent to the department in Sacramento, as described in subdivision (a), if the date of the occurrence is not later than the following: -(1)Ten years for a violation pursuant to Section 23140, 23152, or 23153. -(2)Seven years for a violation designated as two points pursuant to Section 12810, except as provided in paragraph (1) of this subdivision. -(3)Three years for accidents and all other violations. -(c)The department shall make available or disclose suspensions and revocations of the driving privilege while the suspension or revocation is in effect and for three years following termination of the action or reinstatement of the privilege, except that driver’s license suspension actions taken pursuant to Sections 13202.6 and 13202.7, Section 17520 of the Family Code, or Section 256 of, or former Section 11350.6 of, the Welfare and Institutions Code shall be disclosed only during the actual time period in which the suspension is in effect. -(d)The department shall not make available or disclose a suspension or revocation that has been judicially set aside or stayed. -(e)The department shall not make available or disclose personal information about a person unless the disclosure is in compliance with the Driver’s Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721 et seq.). However, a disclosure is subject to the prohibition in paragraph (2) of subdivision (a) of Section 12800.5. -(f)The department shall make available or disclose to the courts and law enforcement agencies a conviction of Section 23103, as specified in Section 23103.5, or a conviction of Section 23140, 23152, or 23153, or Section 655 of the Harbors and Navigation Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code for a period of 10 years from the date of the offense for the purpose of imposing penalties mandated by this code, or by other applicable state law. -(g)The department shall make available or disclose to the courts and law enforcement agencies a conviction of Section 191.5, or subdivision (a) of Section 192.5 of the Penal Code, punished as a felony, for the purpose of imposing penalties mandated by Section 23550.5, or by other applicable state law. -(h)(1)Consent to the use of a person’s driver’s license number by the insurance agent or broker of an insurer, insurance licensee, employer, or prospective employer to obtain, transmit, or otherwise utilize the motor vehicle records of that person pursuant to this section shall be presumed if the person provides his or her driver’s license number, or the driver’s license number of any dependent, to an insurer, insurance licensee, employer, or prospective employer for the purpose of eligibility, underwriting, and rating of personal or commercial insurance coverage or eligibility for employment or continued employment involving the use of a motor vehicle. -(2)(A)The insurance agent or broker of the insurer, insurance licensee, employer, or prospective employer is authorized to transmit motor vehicle records for the purposes described in paragraph (1). An insurance agent or broker who has lawfully transmitted a record as authorized by this section is not responsible for the subsequent handling of that record by any recipient who is authorized to receive a record under this section. -(B)Prior to transmitting records pursuant to this paragraph to any insurer with whom the insurance broker or agent does not have a written agreement, or to a third party authorized by this paragraph to receive those records, the broker or agent shall obtain a written agreement from the insurer or other third party that the insurer or other third party shall handle those records in accordance with state and federal laws governing fair credit reporting and privacy.","Existing law prohibits a person who has 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle. Existing law also prohibits a person while having 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle and concurrently doing any act forbidden by law, or neglecting any duty imposed by law in driving the vehicle, when the act or neglect proximately causes bodily injury to a person other than the driver. A violation of either of these prohibitions is a crime. Existing law authorizes a court, in addition to imposing penalties and sanctions for those violations, to require the person to enroll and participate in, and successfully complete, a driving-under-the-influence program, which may include, among other things, education, group counseling, and individual interview sessions. -Existing law requires the Department of Motor Vehicles to immediately suspend a person’s privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law also requires the department to suspend or revoke the driving privilege of a person who refuses an officer’s request or fails to complete a chemical test or tests, as specified. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted driver’s license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the person’s vehicle. -This bill would authorize the court to order a person convicted of a crime described above to enroll and participate in, and successfully complete, a qualified “24/7 Sobriety program,” as defined, as a condition of probation, if the program is available and deemed appropriate, and the person committed the crime within 10 years of one or more separate crimes described above that resulted in a conviction. The bill also would authorize a court to order participation in a 24/7 Sobriety program as a condition of release on bond for a person who has been charged with a crime described above. The bill would permit a person whose driving privilege has been suspended or revoked for certain violations, and who subsequently applies to the department for a restricted driving privilege, to be permitted to participate in a 24/7 Sobriety program as a condition of obtaining the restricted driving privilege as an alternative to, or in conjunction with, participation in an ignition interlock device program. The bill would define a “24/7 Sobriety program,” in part, as requiring a person in the program to abstain from alcohol and unauthorized controlled substances and be subject to frequent testing for alcohol and controlled substances, as specified. The bill would require a person participating in the program to pay the program costs, commensurate with the person’s ability to pay, as specified. -Existing law provides that all records of the Department of Motor Vehicles relating to the registration of vehicles, other information contained on an application for a driver’s license, abstracts of convictions, and certain abstracts of accident reports are required to be open to public inspection during office hours, except when a specific provision of law prohibits the disclosure of records or information or provides for confidentiality. -This bill would provide that consent to the use of a person’s driver’s license number by the insurance agent or broker of an insurer, insurance licensee, employer, or prospective employer to obtain, transmit, or otherwise utilize the motor vehicle records of that person pursuant to the provision described above is presumed if the person provides his or her driver’s license number to an insurer, insurance licensee, employer, or prospective employer for the purpose of eligibility, underwriting, and rating of personal or commercial insurance coverage or eligibility for employment or continued employment involving the use of a motor vehicle. The bill would provide that the insurance agent or broker of the insurer, insurance licensee, employer, or prospective employer is authorized to transmit motor vehicle records for these purposes, as specified, and would specify that an insurance agent or broker who has lawfully transmitted a record as authorized under these provisions is not responsible for the subsequent handling of that record by any recipient who is authorized to receive the record under these provisions. The bill would also delete an obsolete cross-reference.","An act to -amend Section 1808 of -add Section 23582.5 to -the Vehicle Code, relating to vehicles." -674,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10722.4 of the Water Code is amended to read: -10722.4. -(a) Pursuant to Section 10933, for the purposes of this part the department shall categorize each basin as one of the following priorities: -(1) High priority. -(2) Medium priority. -(3) Low priority. -(4) Very low priority. -(b) The initial priority for each basin shall be established by the department pursuant to Section 10933 no later than January 31, 2015. -(c) Any time the department updates Bulletin 118 boundaries pursuant to subdivision (b) of Section 12924, the department shall reassess the prioritization pursuant to Section 10933. -(d) Any time the department changes the basin priorities pursuant to Section 10933, if a basin is elevated to a medium- or high-priority basin after January 31, 2015, a local agency, or combination of local agencies overlying a groundwater basin, shall have two years from the date of reprioritization to either establish a groundwater sustainability agency pursuant to Chapter 4 (commencing with Section 10723) and five years from the date of reprioritization to adopt a groundwater sustainability plan pursuant to Chapter 6 (commencing with Section 10727) or two years to satisfy the requirements of Section 10733.6. -SEC. 1.5. -Section 10722.4 of the Water Code is amended to read: -10722.4. -(a) Pursuant to Section 10933, for the purposes of this part the department shall categorize each basin as one of the following priorities: -(1) High priority. -(2) Medium priority. -(3) Low priority. -(4) Very low priority. -(b) The initial priority for each basin shall be established by the department pursuant to Section 10933 no later than January 31, 2015. -(c) Any time the department updates Bulletin 118 boundaries pursuant to subdivision (b) of Section 12924, the department shall reassess the prioritization pursuant to Section 10933. -(d) If the department changes priorities pursuant to Section 10933 to elevate a basin from a low- or very low priority basin to a medium- or high-priority basin after January 31, 2015, the agency formation and planning deadlines of this part shall be extended as follows: -(1) A local agency, or combination of local agencies overlying a groundwater basin, shall have two years from the date of reprioritization to either establish a groundwater sustainability agency pursuant to Chapter 4 (commencing with Section 10723) or two years to satisfy the requirements of Section 10733.6. -(2) A groundwater sustainability agency shall have five years from the date of reprioritization to meet the requirements of subdivision (a) of Section 10720.7, except that if the reprioritization occurs before January 31, 2017, a groundwater sustainability agency subject to paragraph (2) of subdivision (a) of Section 10720.7 shall have until January 31, 2022. -SEC. 2. -Section 10730 of the Water Code is amended to read: -10730. -(a) A groundwater sustainability agency may impose fees, including, but not limited to, permit fees and fees on groundwater extraction or other regulated activity, to fund the costs of a groundwater sustainability program, including, but not limited to, preparation, adoption, and amendment of a groundwater sustainability plan, and investigations, inspections, compliance assistance, enforcement, and program administration, including a prudent reserve. A groundwater sustainability agency shall not impose a fee pursuant to this subdivision on a de minimis extractor unless the agency has regulated the users pursuant to this part. -(b) (1) Prior to imposing or increasing a fee, a groundwater sustainability agency shall hold at least one public meeting, at which oral or written presentations may be made as part of the meeting. -(2) Notice of the time and place of the meeting shall include a general explanation of the matter to be considered and a statement that the data required by this section is available. The notice shall be provided by publication pursuant to Section 6066 of the Government Code, by posting notice on the Internet Web site of the groundwater sustainability agency, and by mail to any interested party who files a written request with the agency for mailed notice of the meeting on new or increased fees. A written request for mailed notices shall be valid for one year from the date that the request is made and may be renewed by making a written request on or before April 1 of each year. -(3) At least 20 days prior to the meeting, the groundwater sustainability agency shall make available to the public data upon which the proposed fee is based. -(c) Any action by a groundwater sustainability agency to impose or increase a fee shall be taken only by ordinance or resolution. -(d) (1) As an alternative method for the collection of fees imposed pursuant to this section, a groundwater sustainability agency may adopt a resolution requesting collection of the fees in the same manner as ordinary municipal ad valorem taxes. -(2) A resolution described in paragraph (1) shall be adopted and furnished to the county auditor-controller and board of supervisors on or before August 1 of each year that the alternative collection of the fees is being requested. The resolution shall include a list of parcels and the amount to be collected for each parcel. -(e) The power granted by this section is in addition to any powers a groundwater sustainability agency has under any other law. -SEC. 3. -Section 1.5 of this bill incorporates amendments to Section 10722.4 of the Water Code proposed by both this bill and Senate Bill 13. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 10722.4 of the Water Code, and (3) this bill is enacted after Senate Bill 13, in which case Section 1 of this bill shall not become operative.","Existing law requires the Department of Water Resources to identify the extent of monitoring of groundwater elevations that is being undertaken within each groundwater basin or subbasin and to prioritize basins or subbasins as high, medium, low, or very low priority, and requires the initial priority for each basin to be established no later than January 31, 2015. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the department that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. The act requires a local agency, any time the department changes these basin priorities and elevates a basin to a medium- or high-priority basin after January 31, 2015, to either establish a groundwater sustainability agency within 2 years of reprioritization and adopt a groundwater sustainability plan within 5 years of reprioritization, or to submit an alternative to the department that the local agency believes satisfies the objectives of these provisions within 2 years of reprioritization. -This bill would impose the requirement to establish a groundwater sustainability agency or submit an alternative after reprioritization on a local agency or combination of local agencies overlying a groundwater basin. -The act authorizes a groundwater sustainability agency to impose fees to fund the costs of a groundwater sustainability program and requires a groundwater sustainability agency to hold at least one public meeting prior to imposing or increasing a fee. The act requires, at least 10 days prior to the meeting, a groundwater sustainability agency to make available to the public data upon which the proposed fee is based. -This bill would require a groundwater sustainability agency to make the data upon which the proposed fee is based available 20 days prior to the public meeting to impose or increase a fee. -This bill would incorporate changes to Section 10722.4 of the Water Code proposed by both this bill and SB 13, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.","An act to amend Sections 10722.4 and 10730 of the Water Code, relating to groundwater." -675,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2851 of the Public Utilities Code is amended to read: -2851. -(a) In implementing the California Solar Initiative, the commission shall do all of the following: -(1) (A) The commission shall authorize the award of monetary incentives for up to the first megawatt of alternating current generated by solar energy systems that meet the eligibility criteria established by the Energy Commission pursuant to Chapter 8.8 (commencing with Section 25780) of Division 15 of the Public Resources Code. The commission shall determine the eligibility of a solar energy system, as defined in Section 25781 of the Public Resources Code, to receive monetary incentives until the time the Energy Commission establishes eligibility criteria pursuant to Section 25782. Monetary incentives shall not be awarded for solar energy systems that do not meet the eligibility criteria. The incentive level authorized by the commission shall decline each year following implementation of the California Solar Initiative, at a rate of no less than an average of 7 percent per year, and, except as provided in subparagraph (B), shall be zero as of December 31, 2016. The commission shall adopt and publish a schedule of declining incentive levels no less than 30 days in advance of the first decline in incentive levels. The commission may develop incentives based upon the -output of electricity from -electricity generated by -the system, provided those incentives are consistent with the declining incentive levels of this paragraph and the incentives apply to only the first megawatt of electricity generated by the system. -(B) The incentive level for the installation of a solar energy system pursuant to Section 2852 shall be zero as of December 31, 2021. -(2) The commission shall adopt a performance-based incentive program so that by January 1, 2008, 100 percent of incentives for solar energy systems of 100 kilowatts or greater and at least 50 percent of incentives for solar energy systems of 30 kilowatts or greater are earned based on the actual electrical output of the solar energy systems. The commission shall encourage, and may require, performance-based incentives for solar energy systems of less than 30 kilowatts. Performance-based incentives shall decline at a rate of no less than an average of 7 percent per year. In developing the performance-based incentives, the commission may: -(A) Apply performance-based incentives only to customer classes designated by the commission. -(B) Design the performance-based incentives so that customers may receive a higher level of incentives than under incentives based on installed electrical capacity. -(C) Develop financing options that help offset the installation costs of the solar energy system, provided that this financing is ultimately repaid in full by the consumer or through the application of the performance-based rebates. -(3) By January 1, 2008, the commission, in consultation with the Energy Commission, shall require reasonable and cost-effective energy efficiency improvements in existing buildings as a condition of providing incentives for eligible solar energy systems, with appropriate exemptions or limitations to accommodate the limited financial resources of low-income residential housing. -(4) Notwithstanding subdivision (g) of Section 2827, the commission may develop a time-variant tariff that creates the maximum incentive for ratepayers to install solar energy systems so that the system’s peak electricity production coincides with California’s peak electricity demands and that ensures that ratepayers receive due value for their contribution to the purchase of solar energy systems and customers with solar energy systems continue to have an incentive to use electricity efficiently. In developing the time-variant tariff, the commission may exclude customers participating in the tariff from the rate cap for residential customers for existing baseline quantities or usage by those customers of up to 130 percent of existing baseline quantities, as required by Section 739.9. Nothing in this paragraph authorizes the commission to require time-variant pricing for ratepayers without a solar energy system. -(b) Notwithstanding subdivision (a), in implementing the California Solar Initiative, the commission may authorize the award of monetary incentives for solar thermal and solar water heating devices, in a total amount up to one hundred million eight hundred thousand dollars ($100,800,000). -(c) (1) In implementing the California Solar Initiative, the commission shall not allocate more than fifty million dollars ($50,000,000) to research, development, and demonstration that explores solar technologies and other distributed generation technologies that employ or could employ solar energy for generation or storage of electricity or to offset natural gas usage. Any program that allocates additional moneys to research, development, and demonstration shall be developed in collaboration with the Energy Commission to ensure there is no duplication of efforts, and adopted by the commission through a rulemaking or other appropriate public proceeding. Any grant awarded by the commission for research, development, and demonstration shall be approved by the full commission at a public meeting. This subdivision does not prohibit the commission from continuing to allocate moneys to research, development, and demonstration pursuant to the self-generation incentive program for distributed generation resources originally established pursuant to Chapter 329 of the Statutes of 2000, as modified pursuant to Section 379.6. -(2) The Legislature finds and declares that a program that provides a stable source of monetary incentives for eligible solar energy systems will encourage private investment sufficient to make solar technologies cost effective. -(3) On or before June 30, 2009, and by June 30th of every year thereafter, the commission shall submit to the Legislature an assessment of the success of the California Solar Initiative program. That assessment shall include the number of residential and commercial sites that have installed solar thermal devices for which an award was made pursuant to subdivision (b) and the dollar value of the award, the number of residential and commercial sites that have installed solar energy systems, the electrical generating capacity of the installed solar energy systems, the cost of the program, total electrical system benefits, including the effect on electrical service rates, environmental benefits, how the program affects the operation and reliability of the electrical grid, how the program has affected peak demand for electricity, the progress made toward reaching the goals of the program, whether the program is on schedule to meet the program goals, and recommendations for improving the program to meet its goals. If the commission allocates additional moneys to research, development, and demonstration that explores solar technologies and other distributed generation technologies pursuant to paragraph (1), the commission shall include in the assessment submitted to the Legislature, a description of the program, a summary of each award made or project funded pursuant to the program, including the intended purposes to be achieved by the particular award or project, and the results of each award or project. -(d) (1) The commission shall not impose any charge upon the consumption of natural gas, or upon natural gas ratepayers, to fund the California Solar Initiative. -(2) Notwithstanding any other provision of law, any charge imposed to fund the program adopted and implemented pursuant to this section shall be imposed upon all customers not participating in the California Alternate Rates for Energy (CARE) or family electric rate assistance (FERA) programs, including those residential customers subject to the rate limitation specified in Section 739.9 for existing baseline quantities or usage up to 130 percent of existing baseline quantities of electricity. -(3) The costs of the program adopted and implemented pursuant to this section shall not be recovered from customers participating in the California Alternate Rates for Energy or CARE program established pursuant to Section 739.1, except to the extent that program costs are recovered out of the nonbypassable system benefits charge authorized pursuant to Section 399.8. -(e) Except as provided in subdivision (f), in implementing the California Solar Initiative, the commission shall ensure that the total cost over the duration of the program does not exceed three billion five hundred fifty million eight hundred thousand dollars ($3,550,800,000). Except as provided in subdivision (f), financial components of the California Solar Initiative shall consist of the following: -(1) Programs under the supervision of the commission funded by charges collected from customers of San Diego Gas and Electric Company, Southern California Edison Company, and Pacific Gas and Electric Company. Except as provided in subdivision (f), the total cost over the duration of these programs shall not exceed two billion three hundred sixty-six million eight hundred thousand dollars ($2,366,800,000) and includes moneys collected directly into a tracking account for support of the California Solar Initiative. -(2) Programs adopted, implemented, and financed in the amount of seven hundred eighty-four million dollars ($784,000,000), by charges collected by local publicly owned electric utilities pursuant to Section 2854. Nothing in this subdivision shall give the commission power and jurisdiction with respect to a local publicly owned electric utility or its customers. -(3) Programs for the installation of solar energy systems on new construction (New Solar Homes Partnership Program), administered by the Energy Commission, and funded by charges in the amount of four hundred million dollars ($400,000,000), collected from customers of San Diego Gas and Electric Company, Southern California Edison Company, and Pacific Gas and Electric Company. If the commission is notified by the Energy Commission that funding available pursuant to Section 25751 of the Public Resources Code for the New Solar Homes Partnership Program and any other funding for the purposes of this paragraph have been exhausted, the commission may require an electrical corporation to continue administration of the program pursuant to the guidelines established for the program by the Energy Commission, until the funding limit authorized by this paragraph has been reached. The commission, in consultation with the Energy Commission, shall supervise the administration of the continuation of the New Solar Homes Partnership Program by an electrical corporation. An electrical corporation may elect to have a third party, including the Energy Commission, administer the utility’s continuation of the New Solar Homes Partnership Program. After the exhaustion of funds, the Energy Commission shall notify the Joint Legislative Budget Committee 30 days prior to the continuation of the program. -(4) The changes made to this subdivision by Chapter 39 of the Statutes of 2012 do not authorize the levy of a charge or any increase in the amount collected pursuant to any existing charge, nor do the changes add to, or detract from, the commission’s existing authority to levy or increase charges. -(f) Upon the expenditure or reservation in any electrical corporation’s service territory of the amount specified in paragraph (1) of subdivision (e) for low-income residential housing programs pursuant to subdivision (c) of Section 2852, the commission shall authorize the continued collection of the charge for the purposes of Section 2852. The commission shall ensure that the total amount collected pursuant to this subdivision does not exceed one hundred eight million dollars ($108,000,000). Upon approval by the commission, an electrical corporation may use amounts collected pursuant to subdivision (e) for purposes of funding the general market portion of the California Solar Initiative, that remain unspent and unencumbered after December 31, 2016, to reduce the electrical corporation’s portion of the total amount collected pursuant to this subdivision.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. Decisions of the commission adopted the California Solar Initiative. Existing law requires the commission to undertake certain steps in implementing the California Solar Initiative. -This bill would make a nonsubstantive change to the law requiring the commission to undertake certain steps in implementing the California Solar Initiative.","An act to amend Section 2851 of the Public Utilities Code, relating to energy." -676,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 44272 of the Health and Safety Code is amended to read: -44272. -(a) The Alternative and Renewable Fuel and Vehicle Technology Program is hereby created. The program shall be administered by the commission. The commission shall implement the program by regulation pursuant to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The program shall provide, upon appropriation by the Legislature, competitive grants, revolving loans, loan guarantees, loans, or other appropriate funding measures, to public agencies, vehicle and technology entities, businesses and projects, public-private partnerships, workforce training partnerships and collaboratives, fleet owners, consumers, recreational boaters, and academic institutions to develop and deploy innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. The emphasis of this program shall be to develop and deploy technology and alternative and renewable fuels in the marketplace, without adopting any one preferred fuel or technology. -(b) A project that receives more than seventy-five thousand dollars ($75,000) in funds from the commission shall be approved at a noticed public meeting of the commission and shall be consistent with the priorities established by the investment plan adopted pursuant to Section 44272.5. Under this article, the commission may delegate to the commission’s executive director, or his or her designee, the authority to approve either of the following: -(1) A contract, grant, loan, or other agreement or award that receives seventy-five thousand dollars ($75,000) or less in funds from the commission. -(2) Amendments to a contract, grant, loan, or other agreement or award as long as the amendments do not increase the amount of the award, change the scope of the project, or modify the purpose of the agreement. -(c) The commission shall provide preferences to those projects that maximize the goals of the Alternative and Renewable Fuel and Vehicle Technology Program, based on the following criteria, as applicable: -(1) The project’s ability to provide a measurable transition from the nearly exclusive use of petroleum fuels to a diverse portfolio of viable alternative fuels that meet petroleum reduction and alternative fuel use goals. -(2) The project’s consistency with existing and future state climate change policy and low-carbon fuel standards. -(3) The project’s ability to reduce criteria air pollutants and air toxics and reduce or avoid multimedia environmental impacts. -(4) The project’s ability to decrease, on a life-cycle basis, the discharge of water pollutants or any other substances known to damage human health or the environment, in comparison to the production and use of California Phase 2 Reformulated Gasoline or diesel fuel produced and sold pursuant to California diesel fuel regulations set forth in Article 2 (commencing with Section 2280) of Chapter 5 of Division 3 of Title 13 of the California Code of Regulations. -(5) The project does not adversely impact the sustainability of the state’s natural resources, especially state and federal lands. -(6) The project provides nonstate matching funds. Costs incurred from the date a proposed award is noticed may be counted as nonstate matching funds. The commission may adopt further requirements for the purposes of this paragraph. The commission is not liable for costs incurred pursuant to this paragraph if the commission does not give final approval for the project or the proposed recipient does not meet requirements adopted by the commission pursuant to this paragraph. -(7) The project provides economic benefits for California by promoting California-based technology firms, jobs, and businesses. -(8) The project uses existing or proposed fueling infrastructure to maximize the outcome of the project. -(9) The project’s ability to reduce on a life-cycle assessment greenhouse gas emissions by at least 10 percent, and higher percentages in the future, from current reformulated gasoline and diesel fuel standards established by the state board. -(10) The project’s use of alternative fuel blends of at least 20 percent, and higher blend ratios in the future, with a preference for projects with higher blends. -(11) The project drives new technology advancement for vehicles, vessels, engines, and other equipment, and promotes the deployment of that technology in the marketplace. -(d) The commission shall rank applications for projects proposed for funding awards based on solicitation criteria developed in accordance with subdivision (c), and shall give additional preference to funding those projects with higher benefit-cost scores. -(e) Only the following shall be eligible for funding: -(1) Alternative and renewable fuel projects to develop and improve alternative and renewable low-carbon fuels, including electricity, ethanol, dimethyl ether, renewable diesel, natural gas, hydrogen, and biomethane, among others, and their feedstocks that have high potential for long-term or short-term commercialization, including projects that lead to sustainable feedstocks. -(2) Demonstration and deployment projects that optimize alternative and renewable fuels for existing and developing engine technologies. -(3) Projects to produce alternative and renewable low-carbon fuels in California. -(4) Projects to decrease the overall impact of an alternative and renewable fuel’s life cycle carbon footprint and increase sustainability. -(5) Alternative and renewable fuel infrastructure, fueling stations, and equipment. The preference in paragraph (10) of subdivision (c) shall not apply to renewable diesel or biodiesel infrastructure, fueling stations, and equipment used solely for renewable diesel or biodiesel fuel. -Alternative and renewable fuel infrastructure includes electric vehicle charging infrastructure in disadvantaged communities identified pursuant to Section 39711. -(6) Projects to develop and improve light-, medium-, and heavy-duty vehicle technologies that provide for better fuel efficiency and lower greenhouse gas emissions, alternative fuel usage and storage, or emission reductions, including propulsion systems, advanced internal combustion engines with a 40 percent or better efficiency level over the current market standard, lightweight materials, intelligent transportation systems, energy storage, control systems and system integration, physical measurement and metering systems and software, development of design standards and testing and certification protocols, battery recycling and reuse, engine and fuel optimization electronic and electrified components, hybrid technology, plug-in hybrid technology, battery electric vehicle technology, fuel cell technology, and conversions of hybrid technology to plug-in technology through the installation of safety certified supplemental battery modules. -(7) Programs and projects that accelerate the commercialization of vehicles and alternative and renewable fuels including buy-down programs through near-market and market-path deployments, advanced technology warranty or replacement insurance, development of market niches, supply-chain development, and research related to the pedestrian safety impacts of vehicle technologies and alternative and renewable fuels. -(8) Programs and projects to retrofit medium- and heavy-duty onroad and nonroad vehicle fleets with technologies that create higher fuel efficiencies, including alternative and renewable fuel vehicles and technologies, idle management technology, and aerodynamic retrofits that decrease fuel consumption. -(9) Infrastructure projects that promote alternative and renewable fuel infrastructure development connected with existing fleets, public transit, and existing transportation corridors, including physical measurement or metering equipment and truck stop electrification. -(10) Workforce training programs related to alternative and renewable fuel feedstock production and extraction, renewable fuel production, distribution, transport, and storage, high-performance and low-emission vehicle technology and high tower electronics, automotive computer systems, mass transit fleet conversion, servicing, and maintenance, and other sectors or occupations related to the purposes of this chapter. -(11) Block grants or incentive programs administered by public entities or not-for-profit technology entities for multiple projects, education and program promotion within California, and development of alternative and renewable fuel and vehicle technology centers. The commission may adopt guidelines for implementing the block grant or incentive program, which shall be approved at a noticed public meeting of the commission. -(12) Life cycle and multimedia analyses, sustainability and environmental impact evaluations, and market, financial, and technology assessments performed by a state agency to determine the impacts of increasing the use of low-carbon transportation fuels and technologies, and to assist in the preparation of the investment plan and program implementation. -(13) A program to provide funding for homeowners who purchase a plug-in electric vehicle to offset costs associated with modifying electrical sources to include a residential plug-in electric vehicle charging station. In establishing this program, the commission shall consider funding criteria to maximize the public benefit of the program. -(f) The commission may make a single source or sole source award pursuant to this section for applied research. The same requirements set forth in Section 25620.5 of the Public Resources Code shall apply to awards made on a single source basis or a sole source basis. This subdivision does not authorize the commission to make a single source or sole source award for a project or activity other than for applied research. -(g) The commission may do all of the following: -(1) Contract with the Treasurer to expend funds through programs implemented by the Treasurer, if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270). -(2) Contract with small business financial development corporations established by the Governor’s Office of Business and Economic Development to expend funds through the Small Business Loan Guarantee Program if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270). -(3) Advance funds, pursuant to an agreement with the commission, to any of the following: -(A) A public entity. -(B) A recipient to enable it to make advance payments to a public entity that is a subrecipient of the funds and under a binding and enforceable subagreement with the recipient. -(C) An administrator of a block grant program. -SECTION 1. -Section 44268.2 of the -Health and Safety Code -is amended to read: -44268.2. -(a)(1)Persons desiring to use an electric vehicle charging station that requires payment of a fee shall not be required to pay a subscription fee in order to use the station, and shall not be required to obtain membership in any club, association, or organization as a condition of using the station. The total actual charges for the use of an electric vehicle charging station, including any additional network roaming charges for nonmembers, shall be disclosed to the public at the point of sale. An electric vehicle charging station that requires payment of a fee shall allow a person desiring to use the station to pay via credit card or mobile technology, or both. -(2)Notwithstanding paragraph (1), an electric vehicle charging station may offer services on a subscription- or membership-only basis provided those electric vehicle charging stations allow nonsubscribers or nonmembers the ability to use the electric vehicle charging station through the payment options detailed in paragraph (1). -(b)The service provider of electric vehicle service equipment at an electric vehicle charging station or its designee shall disclose to the National Renewable Energy Laboratory the electric vehicle charging station’s geographic location, a schedule of fees, accepted methods of payment, and the amount of network roaming charges for nonmembers, if any. -(c)Electric vehicle charging stations shall be labeled in accordance with Part 309 of Title 16 of the Code of Federal Regulations, and, where commercially reasonable and feasible, may be clearly marked with appropriate directional signage in the parking area or facility where they are located. -(d)If no interoperability billing standards have been adopted by a national standards organization by January 1, 2016, the state board may adopt interoperability billing standards for network roaming payment methods for electric vehicle charging stations. If the state board adopts interoperability billing standards, all electric vehicle charging stations that require payment shall meet those standards within six months. Any standards adopted by the state board shall consider other governmental or industry-developed interoperability billing standards and may adopt interoperability billing standards promulgated by an outside authoritative body.","Existing law requires the State Energy Resources Conservation and Development Commission to implement the Alternative and Renewable Fuel Vehicle Technology Program to provide financial assistance to develop and deploy innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. Existing law includes within the program alternative and renewable fuel infrastructure, fueling stations, and equipment. -This bill would specify that alternative and renewable fuel infrastructure includes electric vehicle charging infrastructure in disadvantaged communities. -Existing law, the Electric Vehicle Charging Stations Open Access Act, prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, and prohibits a requirement for persons to obtain membership in any club, association, or organization as a condition of using the station, except as specified. The act authorizes the State Air Resources Board to adopt interoperability billing standards for network roaming payment methods for electric vehicle charging stations if no interoperability billing standards have been adopted by a national standards organization by January 1, 2015. The act provides that if the state board adopts interoperability billing standards, all electric vehicle charging stations that require payment shall meet those standards within one year. -This bill would change the date of the state board’s conditional authorization to adopt those interoperability billing standards to January 1, 2016, and would require the electric vehicle charging stations to meet those standards within 6 months.","An act to amend Section -44268.2 -44272 -of the Health and Safety Code, relating to electric vehicles." -677,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11370.1 of the Health and Safety Code is amended to read: -11370.1. -(a) Notwithstanding Section 11350 or 11377 or any other -provision of -law, -every -a -person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment -in the state prison -pursuant to subdivision (h) of Section 1170 of the Penal Code -for two, three, or four years. -As used in this subdivision, “armed with” means having available for immediate offensive or defensive use. -(b) -Any -A -person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal Code. -SEC. 2. -Section 12022 of the Penal Code is amended to read: -12022. -(a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm. -(2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle. -(b) (1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense. -(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years. -(3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. -(c) Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment -pursuant to subdivision (h) of Section 1170 -in the state prison -for three, four, or five years. -(d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision (c), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. -(e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement. -(f) Notwithstanding any other -provision of -law, the court may strike the additional punishment for the enhancements provided in subdivision (c) or (d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law makes it a felony, punishable by imprisonment in the state prison for 2, 3, or 4 years to unlawfully possess any amount of a substance containing cocaine base, cocaine, heroin, methamphetamine, or phencyclidine while armed with a loaded, operable firearm. -This bill would instead make that felony punishable in a county jail. By requiring the felony to be served in county jail, this bill would impose a state-mandated local program. -(2) Existing law imposes an enhancement of 3, 4, or 5 years on the sentence of a person who is personally armed with a firearm in the commission of a violation of specified controlled substance offenses. -This bill would require the enhancement to be served in state prison. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 11370.1 of the Health and Safety Code, and to amend Section 12022 of the Penal Code, relating to controlled substances." -678,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 18120 of the Penal Code is amended to read: -18120. -(a) A person subject to a gun violence restraining order issued pursuant to this division shall not have in his or her custody or control, own, purchase, possess, or receive any firearms or ammunition while that order is in effect. -(b) (1) Upon issuance of a gun violence restraining order issued pursuant to this division, the court shall order the restrained person to surrender all firearms and ammunition in the restrained person’s custody or control, or which the restrained person possesses or owns pursuant to paragraph (2). -(2) The surrender ordered pursuant to paragraph (1) shall occur by immediately surrendering all firearms and ammunition in a safe manner, upon request of any law enforcement officer, to the control of the officer, after being served with the restraining order. A law enforcement officer serving a gun violence restraining order that indicates that the restrained person possesses any firearms or ammunition shall request that all firearms and ammunition be immediately surrendered. Alternatively, if no request is made by a law enforcement officer, the surrender shall occur within 24 hours of being served with the order, by surrendering all firearms and ammunition in a safe manner to the control of the local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer in accordance with Section 29830. The law enforcement officer or licensed firearms dealer taking possession of any firearms or ammunition pursuant to this subdivision shall issue a receipt to the person surrendering the firearm or firearms or ammunition or both at the time of surrender. A person ordered to surrender all firearms and ammunition pursuant to this subdivision shall, within 48 hours after being served with the order, do both of the following: -(A) File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order. -(B) File a copy of the receipt described in subparagraph (A) with the law enforcement agency that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order. -(c) (1) Except as provided in paragraph (2), any firearms or ammunition surrendered to a law enforcement officer or law enforcement agency pursuant to this section shall be retained by the law enforcement agency until the expiration of any gun violence restraining order that has been issued against the restrained person. Upon expiration of any order, any firearms or ammunition shall be returned to the restrained person in accordance with the provisions of Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. Firearms or ammunition that are not claimed are subject to the requirements of Section 34000. -(2) A restrained person who owns any firearms or ammunition that are in the custody of a law enforcement agency pursuant to this section is entitled to sell any firearms or ammunition to a licensed firearms dealer or transfer any firearms or ammunition to a licensed firearms dealer in accordance with Section 29830, provided that the firearm or firearms or ammunition are otherwise legal to own or possess and the restrained person otherwise has right to title of the firearm or firearms or ammunition. -(d) If a person other than the restrained person claims title to any firearms or ammunition surrendered pursuant to this section, and he or she is determined by the law enforcement agency to be the lawful owner of the firearm or firearms or ammunition, the firearm or firearms or ammunition shall be returned to him or her pursuant to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. -SEC. 2. -Section 29830 of the Penal Code is amended to read: -29830. -(a) Any person who is prohibited from owning or possessing a firearm or ammunition pursuant to this article, or who is prohibited from owning or possessing a firearm or ammunition pursuant to any other law, may transfer or cause to be transferred, any firearm or firearms or ammunition in his or her possession, or of which he or she is the owner, to a firearms dealer licensed pursuant to Section 26700 to 26915, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm will expire on a date specified in the court order. -(b) A firearms dealer who stores a firearm or firearms or ammunition pursuant to subdivision (a), may charge the owner a reasonable fee for the storage of the firearm or firearms or ammunition. -(c) A firearms dealer who stores a firearm or firearms or ammunition pursuant to subdivision (a) shall notify the Department of Justice of the date that the firearms dealer has taken possession of the firearm or firearms or ammunition. -(d) Any firearm that is returned by a dealer to the owner of the firearm pursuant to this section shall be returned in accordance with the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6. -SEC. 3. -Section 33880 of the Penal Code is amended to read: -33880. -(a) A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of a firearm or ammunition. -(b) The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of a firearm or ammunition, storing the firearm or ammunition, and surrendering possession of the firearm or ammunition to a licensed firearms dealer or to the owner. -(c) The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm or ammunition was reported stolen at the time the firearm came into the custody or control of the law enforcement agency. -(d) The following apply to any charges imposed for administrative costs pursuant to this section: -(1) The charges shall only be imposed on the person claiming title to the firearm or ammunition. -(2) Any charges shall be collected by the local or state authority only from the person claiming title to the firearm or ammunition. -(3) The charges shall be in addition to any other charges authorized or imposed pursuant to this code. -(4) A charge may not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of a firearm or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the firearm or ammunition. In addition, the charge may be imposed only upon the person requesting that hearing or appeal. -(e) Costs for a hearing or appeal related to the release of a firearm or ammunition shall not be charged to the legal owner who redeems the firearm or ammunition, unless the legal owner voluntarily requests the post-storage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a post-storage hearing as a requirement for release of the firearm or ammunition to the legal owner. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","Existing law allows an immediate family member or a law enforcement officer to request a court to issue a gun violence restraining order to enjoin a person from owning or possessing a firearm or ammunition for a period of one year upon a showing that the person poses a significant danger of personal injury to himself, herself, or another and that a gun violence restraining order is necessary to prevent that injury. Existing law requires a person who is subject to a gun violence restraining order to surrender his or her firearms and ammunition immediately upon request of any law enforcement officer. If no request is made, existing law requires the person to surrender his or her firearms or ammunition to a local law enforcement agency or to sell his or her firearms or ammunition to a licensed firearms dealer within 24 hours. -Existing law allows any person who is prohibited from owning or possessing a firearm to transfer his or her firearms to a licensed firearms dealer for the duration of the prohibition. -This bill would allow a person who is subject to a gun violence restraining order to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition. If the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer. The bill would additionally provide for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program. -Existing law allows a city, county, or city and county to impose a charge relating to the seizure, impounding, storage, or release of a firearm, which may not exceed the actual costs incurred for expenses directly related to taking possession of a firearm, storing the firearm, and surrendering possession of the firearm to a licensed firearm dealer or to the owner. -This bill would extend the authority to impose this charge for the above specified activities in regard to ammunition. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 18120, 29830, and 33880 of the Penal Code, relating to firearms." -679,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 36512 of the Government Code is amended to read: -36512. -(a) If a vacancy occurs in an appointive office provided for in this chapter, the council shall fill the vacancy by appointment. A person appointed to fill a vacancy holds office for the unexpired term of the former incumbent. -(b) If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. -(1) If the council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent. -(2) If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following: -(A) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. -(B) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent. -(c) Notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance that does any of the following: -(1) Requires that a special election be called immediately to fill every city council vacancy and the office of mayor designated pursuant to Section 34902. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. -(2) Requires that a special election be held to fill a city council vacancy and the office of mayor designated pursuant to Section 34902 when petitions bearing a specified number of verified signatures are filed. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the filing of the petition. A governing body that has enacted such an ordinance may also call a special election pursuant to subdivision (b) without waiting for the filing of a petition. -(3) Provides that a person appointed to fill a vacancy on the city council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. The special election may be held on the date of the next regularly established election or regularly scheduled municipal election to be held throughout the city not less than 114 days from the call of the special election. -(d) (1) Notwithstanding subdivision (b) and Section 34902, an appointment shall not be made to fill a vacancy on a city council if the appointment would result in a majority of the members serving on the council having been appointed. The vacancy shall be filled in the manner provided by this subdivision. -(2) The city council may call an election to fill the vacancy, to be held on the next regularly established election date not less than 114 days after the call. -(3) If the city council does not call an election pursuant to paragraph (2), the vacancy shall be filled at the next regularly established election date. -(e) (1) If the city council of a city that elects city council members by or from districts elects to fill a vacancy on the city council by appointment as a result of a city council member resigning from office, the resigning city council member may cast a vote on the appointment if the resignation will go into effect upon the appointment of a successor. A city council member shall not cast a vote for a family member or any other person with whom the city council member has a relationship that may create a potential conflict of interest. -(2) If a city council member elects to cast a vote under this subdivision, the city council member shall be prohibited from the following actions for a period of two years after the appointment of a successor: -(A) Advocating on any measure or issue coming before the city council in which the city council member may have a personal benefit. -(B) Entering into a contract of any kind with the city or a city vendor. -(C) Accepting a position of employment with the city or a city vendor. -(D) Applying for a permit that is subject to the approval of the city council. -(3) This subdivision shall not apply to any city council member who is resigning from the city council due to charges of, or conviction for, corruption or criminal behavior, or who is subject to a recall election.","Existing law requires a city council, within 60 days of a vacancy in an elective office, to fill that vacancy by appointment or call a special election to fill the vacancy, and provides that a person elected or appointed to fill a vacancy holds office for the unexpired term of the former incumbent. -This bill would instead provide that if the council fills a vacancy in an elective office by appointment, and that vacancy occurred in the first half of the term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy holds office until the next general municipal election at which a person is elected to fill that vacancy, and thereafter, until the person elected is qualified. The bill would additionally provide that if the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of the term of office, the person appointed to fill the vacancy holds office for the unexpired term of the former incumbent.","An act to amend Section 36512 of the Government Code, relating to local government." -680,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known and may be cited as the Racial and Identity Profiling Act of 2015. -SEC. 2. -Section 12525.5 is added to the Government Code, to read: -12525.5. -(a) (1) Each state and local agency that employs peace officers shall annually report to the Attorney General data on all stops conducted by that agency’s peace officers for the preceding calendar year. -(2) Each agency that employs 1,000 or more peace officers shall issue its first round of reports on or before April 1, 2019. Each agency that employs 667 or more but less than 1,000 peace officers shall issue its first round of reports on or before April 1, 2020. Each agency that employs 334 or more but less than 667 peace officers shall issue its first round of reports on or before April 1, 2022. Each agency that employs one or more but less than 334 peace officers shall issue its first round of reports on or before April 1, 2023. -(b) The reporting shall include, at a minimum, the following information for each stop: -(1) The time, date, and location of the stop. -(2) The reason for the stop. -(3) The result of the stop, such as, no action, warning, citation, property seizure, or arrest. -(4) If a warning or citation was issued, the warning provided or violation cited. -(5) If an arrest was made, the offense charged. -(6) The perceived race or ethnicity, gender, and approximate age of the person stopped, provided that the identification of these characteristics shall be based on the observation and perception of the peace officer making the stop, and the information shall not be requested from the person stopped. For motor vehicle stops, this paragraph only applies to the driver, unless any actions specified under paragraph (7) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for him or her. -(7) Actions taken by the peace officer during the stop, including, but not limited to, the following: -(A) Whether the peace officer asked for consent to search the person, and, if so, whether consent was provided. -(B) Whether the peace officer searched the person or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any. -(C) Whether the peace officer seized any property and, if so, the type of property that was seized and the basis for seizing the property. -(c) If more than one peace officer performs a stop, only one officer is required to collect and report to his or her agency the information specified under subdivision (b). -(d) State and local law enforcement agencies shall not report the name, address, social security number, or other unique personal identifying information of persons stopped, searched, or subjected to a property seizure, for purposes of this section. Notwithstanding any other law, the data reported shall be available to the public, except for the badge number or other unique identifying information of the peace officer involved, which shall be released to the public only to the extent the release is permissible under state law. -(e) Not later than January 1, 2017, the Attorney General, in consultation with stakeholders, including the Racial and Identity Profiling Advisory Board (RIPA) established pursuant to paragraph (1) of subdivision (j) of Section 13519.4 of the Penal Code, federal, state, and local law enforcement agencies and community, professional, academic, research, and civil and human rights organizations, shall issue regulations for the collection and reporting of data required under subdivision (b). The regulations shall specify all data to be reported, and provide standards, definitions, and technical specifications to ensure uniform reporting practices across all reporting agencies. To the best extent possible, such regulations should be compatible with any similar federal data collection or reporting program. -(f) All data and reports made pursuant to this section are public records within the meaning of subdivision (e) of Section 6252, and are open to public inspection pursuant to Sections 6253 and 6258. -(g) (1) For purposes of this section, “peace officer,” as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, is limited to members of the California Highway Patrol, a city or county law enforcement agency, and California state or university educational institutions. “Peace officer,” as used in this section, does not include probation officers and officers in a custodial setting. -(2) For purposes of this section, “stop” means any detention by a peace officer of a person, or any peace officer interaction with a person in which the peace officer conducts a search, including a consensual search, of the person’s body or property in the person’s possession or control. -SEC. 3. -Section 13012 of the Penal Code is amended to read: -13012. -(a) The annual report of the department provided for in Section 13010 shall contain statistics showing all of the following: -(1) The amount and the types of offenses known to the public authorities. -(2) The personal and social characteristics of criminals and delinquents. -(3) The administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents. -(4) The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies, including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court. -(5) (A) The total number of each of the following: -(i) Citizen complaints received by law enforcement agencies under Section 832.5. -(ii) Citizen complaints alleging criminal conduct of either a felony or misdemeanor. -(iii) Citizen complaints alleging racial or identity profiling, as defined in subdivision (e) of Section 13519.4. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability. -(B) The statistics reported under this paragraph shall provide, for each category of complaint identified under subparagraph (A), the number of complaints within each of the following disposition categories: -(i) “Sustained,” which means that the investigation disclosed sufficient evidence to prove the truth of allegation in the complaint by preponderance of evidence. -(ii) “Exonerated,” which means that the investigation clearly established that the actions of the personnel that formed the basis of the complaint are not a violation of law or agency policy. -(iii) “Not sustained,” which means that the investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation in the complaint. -(iv) “Unfounded,” which means that the investigation clearly established that the allegation is not true. -(C) The reports under subparagraphs (A) and (B) shall be made available to the public and disaggregated for each individual law enforcement agency. -(b) It shall be the duty of the department to give adequate interpretation of the statistics and so to present the information that it may be of value in guiding the policies of the Legislature and of those in charge of the apprehension, prosecution, and treatment of the criminals and delinquents, or concerned with the prevention of crime and delinquency. The report shall also include statistics which are comparable with national uniform criminal statistics published by federal bureaus or departments heretofore mentioned. -(c) Each year, on an annual basis, the Racial and Identity Profiling Board (RIPA), established pursuant to paragraph (1) of subdivision (j) of Section 13519.4, shall analyze the statistics reported pursuant to subparagraphs (A) and (B) of paragraph (5) of subdivision (a) of this section. RIPA’s analysis of the complaints shall be incorporated into its annual report as required by paragraph (3) of subdivision (j) of Section 13519.4. The reports shall not disclose the identity of peace officers. -SEC. 4. -Section 13519.4 of the Penal Code is amended to read: -13519.4. -(a) The commission shall develop and disseminate guidelines and training for all peace officers in California as described in subdivision (a) of Section 13510 and who adhere to the standards approved by the commission, on the racial and cultural differences among the residents of this state. The course or courses of instruction and the guidelines shall stress understanding and respect for racial, identity, and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a diverse racial, identity, and cultural environment. -(b) The course of basic training for peace officers shall include adequate instruction on racial, identity, and cultural diversity in order to foster mutual respect and cooperation between law enforcement and members of all racial, identity, and cultural groups. In developing the training, the commission shall consult with appropriate groups and individuals having an interest and expertise in the field of racial, identity, and cultural awareness and diversity. -(c) For the purposes of this section the following shall apply: -(1) “Disability,” “gender,” “nationality,” “religion,” and “sexual orientation” have the same meaning as in Section 422.55. -(2) “Culturally diverse” and “cultural diversity” include, but are not limited to, disability, gender, nationality, religion, and sexual orientation issues. -(3) “Racial” has the same meaning as “race or ethnicity” in Section 422.55. -(4) “Stop” has the same meaning as in paragraph (2) of subdivision (g) of Section 12525.5 of the Government Code. -(d) The Legislature finds and declares as follows: -(1) The working men and women in California law enforcement risk their lives every day. The people of California greatly appreciate the hard work and dedication of peace officers in protecting public safety. The good name of these officers should not be tarnished by the actions of those few who commit discriminatory practices. -(2) Racial or identity profiling is a practice that presents a great danger to the fundamental principles of our Constitution and a democratic society. It is abhorrent and cannot be tolerated. -(3) Racial or identity profiling alienates people from law enforcement, hinders community policing efforts, and causes law enforcement to lose credibility and trust among the people whom law enforcement is sworn to protect and serve. -(4) Pedestrians, users of public transportation, and vehicular occupants who have been stopped, searched, interrogated, and subjected to a property seizure by a peace officer for no reason other than the color of their skin, national origin, religion, gender identity or expression, housing status, sexual orientation, or mental or physical disability are the victims of discriminatory practices. -(5) It is the intent of the Legislature in enacting the changes to this section made by the act that added this paragraph that additional training is required to address the pernicious practice of racial or identity profiling and that enactment of this section is in no way dispositive of the issue of how the state should deal with racial or identity profiling. -(e) “Racial or identity profiling,” for purposes of this section, is the consideration of, or reliance on, to any degree, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability in deciding which persons to subject to a stop or in deciding upon the scope or substance of law enforcement activities following a stop, except that an officer may consider or rely on characteristics listed in a specific suspect description. The activities include, but are not limited to, traffic or pedestrian stops, or actions during a stop, such as asking questions, frisks, consensual and nonconsensual searches of a person or any property, seizing any property, removing vehicle occupants during a traffic stop, issuing a citation, and making an arrest. -(f) A peace officer shall not engage in racial or identity profiling. -(g) Every peace officer in this state shall participate in expanded training as prescribed and certified by the Commission on Peace Officers Standards and Training. -(h) The curriculum shall be evidence-based and shall include and examine evidence-based patterns, practices, and protocols that make up racial or identity profiling, including implicit bias. This training shall prescribe evidenced-based patterns, practices, and protocols that prevent racial or identity profiling. In developing the training, the commission shall consult with the Racial and Identity Profiling Advisory Board established pursuant to subdivision (j). The course of instruction shall include, but not be limited to, significant consideration of each of the following subjects: -(1) Identification of key indices and perspectives that make up racial, identity, and cultural differences among residents in a local community. -(2) Negative impact of intentional and implicit biases, prejudices, and stereotyping on effective law enforcement, including examination of how historical perceptions of discriminatory enforcement practices have harmed police-community relations and contributed to injury, death, disparities in arrest detention and incarceration rights, and wrongful convictions. -(3) The history and role of the civil and human rights movement and struggles and their impact on law enforcement. -(4) Specific obligations of peace officers in preventing, reporting, and responding to discriminatory or biased practices by fellow peace officers. -(5) Perspectives of diverse, local constituency groups and experts on particular racial, identity, and cultural and police-community relations issues in a local area. -(6) The prohibition against racial or identity profiling in subdivision (f). -(i) Once the initial basic training is completed, each peace officer in California as described in subdivision (a) of Section 13510 who adheres to the standards approved by the commission shall be required to complete a refresher course every five years thereafter, or on a more frequent basis if deemed necessary, in order to keep current with changing racial, identity, and cultural trends. -(j) (1) Beginning July 1, 2016, the Attorney General shall establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling, and improving diversity and racial and identity sensitivity in law enforcement. -(2) RIPA shall include the following members: -(A) The Attorney General, or his or her designee. -(B) The President of the California Public Defenders Association, or his or her designee. -(C) The President of the California Police Chiefs Association, or his or her designee. -(D) The President of California State Sheriffs’ Association, or his or her designee. -(E) The President of the Peace Officers Research Association of California, or his or her designee. -(F) The Commissioner of the California Highway Patrol, or his or her designee. -(G) A university professor who specializes in policing, and racial and identity equity. -(H) Two representatives of human or civil rights tax-exempt organizations who specialize in civil or human rights. -(I) Two representatives of community organizations who specialize in civil or human rights and criminal justice, and work with victims of racial and identity profiling. At least one representative shall be between 16 and 24 years of age. -(J) Two religious clergy members who specialize in addressing and reducing racial and identity bias toward individuals and groups. -(K) Up to two other members that the Governor may prescribe. -(L) Up to two other members that the President Pro Tempore of the Senate may prescribe. -(M) Up to two other members that the Speaker of the Assembly may prescribe. -(3) Each year, on an annual basis, RIPA shall do the following: -(A) Analyze the data reported pursuant to Section 12525.5 of the Government Code and Section 13012 of the Penal Code. -(B) Analyze law enforcement training under this section. -(C) Work in partnership with state and local law enforcement agencies to review and analyze racial and identity profiling policies and practices across geographic areas in California. -(D) Conduct, and consult available, evidence-based research on intentional and implicit biases, and law enforcement stop, search, and seizure tactics. -(E) Issue a report that provides RIPA’s analysis under subparagraphs (A) to (D), inclusive, detailed findings on the past and current status of racial and identity profiling, and makes policy recommendations for eliminating racial and identity profiling. RIPA shall post the report on its Internet Web site. Each report shall include disaggregated statistical data for each reporting law enforcement agency. The report shall include, at minimum, each reporting law enforcement agency’s total results for each data collection criteria under subdivision (b) of Section 12525.5 of the Government Code for each calendar year. The reports shall be retained and made available to the public by posting those reports on the Department of Justice’s Internet Web site. The first annual report shall be issued no later than January 1, 2018. The reports are public records within the meaning of subdivision (d) of Section 6252 of the Government Code and are open to public inspection pursuant to Sections 6253, 6256, 6257, and 6258 of the Government Code. -(F) Hold at least three public meetings annually to discuss racial and identity profiling, and potential reforms to prevent racial and identity profiling. Each year, one meeting shall be held in northern California, one in central California, and one in southern California. RIPA shall provide the public with notice of at least 60 days before each meeting. -(4) Pursuant to subdivision (e) of Section 12525.5 of the Government Code, RIPA shall advise the Attorney General in developing regulations for the collection and reporting of stop data, and ensuring uniform reporting practices across all reporting agencies. -(5) Members of RIPA shall not receive compensation, nor per diem expenses, for their services as members of RIPA. -(6) No action of RIPA shall be valid unless agreed to by a majority of its members. -(7) The initial terms of RIPA members shall be four years. -(8) Each year, RIPA shall elect two of its members as cochairpersons. -SEC. 5. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law creates the Commission on Peace Officer Standards and Training and requires it to develop and disseminate guidelines and training for all law enforcement officers, as described. Existing law prohibits a peace officer from engaging in racial profiling and requires the training to prescribe patterns, practices, and protocols that prevent racial profiling, as defined. Existing law requires the Legislative Analyst’s Office to conduct a study of the data that is voluntarily collected by jurisdictions that have instituted a program of data collection with regard to racial profiling. -This bill would enact the Racial and Identity Profiling Act of 2015, which would, among other changes, revise the definition of racial profiling to instead refer to racial or identity profiling, and make a conforming change to the prohibition against peace officers engaging in that practice. -The bill would require, beginning July 1, 2016, the Attorney General to establish the Racial and Identity Profiling Advisory Board (RIPA) to eliminate racial and identity profiling and improve diversity and racial and identity sensitivity in law enforcement. The bill would specify the composition of the board. The bill would require the board, among other duties, to investigate and analyze state and local law enforcement agencies’ racial and identity profiling policies and practices across geographic areas in California, to annually make publicly available its findings and policy recommendations, to hold public meetings annually, as specified, and to issue the board’s first annual report no later than January 1, 2018. -The bill would require each state and local agency that employs peace officers to annually report to the Attorney General data on all stops, as defined, conducted by the agency’s peace officers, and require that data to include specified information, including the time, date, and location of the stop, and the reason for the stop. The bill would require an agency that employs 1,000 or more peace officers to issue its first annual report by April 1, 2019. The bill would require an agency that employs 667 or more but less than 1,000 peace officers to issue its first annual report by April 1, 2020. The bill would require an agency that employs 334 or more but less than 667 peace officers to issue its first annual report by April 1, 2022. The bill would require an agency that employs one or more but less than 334 peace officers to issue its first annual report by April 1, 2023. -By imposing a higher level of service on local entities that employ peace officers, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 12525.5 to the Government Code, and to amend Sections 13012 and 13519.4 of the Penal Code, relating to racial profiling." -681,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature hereby finds and declares -the following: -as follows: -(a) Many areas of the state are disproportionately impacted by drought because they are heavily dependent or completely reliant on groundwater from basins that are in overdraft and in which the water table declines year after year or from basins that are contaminated. -(b) There are a number of state grant and loan programs that provide financial assistance to communities to address drinking water and wastewater needs. Unfortunately, there is no program in place to provide similar assistance to individual homeowners who are reliant on their own groundwater wells and who may not be able to afford conventional private loans to undertake vital water supply, water quality, and wastewater improvements. -(c) The program created by this act is intended to bridge that gap by providing low-interest loans, grants, or both, to individual homeowners to undertake actions necessary to provide safer, cleaner, and more reliable drinking water and wastewater treatment. These actions may include, but are not limited to, digging deeper wells, improving existing wells and related equipment, addressing drinking water contaminants in the homeowner’s water, or connecting to a local water or wastewater system. -SEC. 2. -Chapter 6.6 (commencing with Section 13486) is added to Division 7 of the Water Code, to read: -CHAPTER 6.6. Water and Wastewater Loan and Grant Program -13486. -(a) The board shall establish a program in accordance with this chapter to provide low-interest loans and grants to local agencies for low-interest loans and grants to eligible applicants for any of the following purposes: -(1) Extending or connecting service lines from a water or wastewater system to the applicant’s residence or plumbing. -(2) Paying reasonable charges or fees for connecting to a water or wastewater system. -(3) Paying costs to close abandoned septic tanks and water wells, as necessary, to protect health and safety as required by local or state law. -(4) Deepening an existing groundwater well. -(5) Improving an existing groundwater well, including associated equipment. -(6) Installing a water treatment system if the groundwater exceeds a primary or secondary drinking standard, as defined in Section 116275 of the Health and Safety Code. -(b) The board may adopt any regulation it determines is necessary to carry out the purposes of the chapter. A regulation adopted pursuant to this subdivision shall not be subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. -13487. -(a) The Water and Wastewater Loan and Grant Fund is hereby created in the State Treasury. The moneys in the Water and Wastewater Loan and Grant Fund are available, upon appropriation by the Legislature, to the board for expenditure in accordance with this chapter. -(b) The following moneys shall be deposited in the Water and Wastewater Loan and Grant Fund: -(1) Moneys repaid to the board pursuant to a grant or loan made in accordance with this chapter, including interest payments. -(2) Notwithstanding Section 16475 of the Government Code, any interest earned upon the moneys in the Water and Wastewater Loan and Grant Fund. -13488. -(a) An eligible applicant for a loan shall meet all of the following criteria: -(1) Have a household income below the statewide median household income. -(2) Have an ownership interest in the residence. -(3) Be unable to obtain financial assistance at reasonable terms and conditions from private lenders and lack the personal resources to undertake these improvements. -(4) Demonstrate an ability to repay the loan. This requirement may be satisfied by having another party join the application as a cosigner. -(b) Any loan granted shall be secured by a mortgage on the residence and repaid within 20 years in accordance with terms established by the board. The interest rate on the loan shall not exceed 1 percent. While any balance on the loan is outstanding, a loan recipient shall furnish evidence of and continually maintain homeowner’s insurance on the security residence to protect the state’s interest in the residence. -(c) The board may enter into a contract with a private financial institution to provide loans consistent with the purposes of this chapter. If the board exercises this authority, the board may utilize a portion of the moneys in the Water and Wastewater Loan and Grant Fund to provide a loan guarantee or similar loss mitigation mechanism. -13489. -(a) An eligible applicant for a grant shall meet all of the following criteria: -(1) Have a household income that is 60 percent or less of the statewide median household income. -(2) Have an ownership interest in the residence. -(3) Be unable to obtain financial assistance at reasonable terms and conditions from private lenders and lack the personal resources to undertake these improvements. -(b) A grant recipient shall repay to the board the grant amount in full if that recipient sells the residence less than five years from the date that the grant agreement was signed. -(c) A grant recipient shall repay to the board any unused grant funds. -SEC. 3. -Ten million dollars ($10,000,000) is hereby transferred from the General Fund to the Water and Wastewater Loan and Grant Fund. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to provide eligible households with access to safer, cleaner, and more reliable drinking water and wastewater treatment during California’s prolonged drought, it is necessary that this act take effect immediately.","Existing law, the Safe Drinking Water State Revolving Fund Law of 1997, establishes the Safe Drinking Water State Revolving Fund to provide grants or revolving fund loans for the design and construction of projects for public water systems that will enable those systems to meet safe drinking water standards. -This bill would require the State Water Resources Control Board to establish a program to provide low-interest loans and grants to local agencies for low-interest loans and grants to eligible applicants for specified purposes relating to drinking water and wastewater treatment. This bill would create the Water and Wastewater Loan and Grant Fund and provide that the moneys in this fund are available, upon appropriation by the Legislature, to the board for expenditure for the program. This bill would transfer to the Water and Wastewater Loan and Grant Fund $10,000,000 from the General Fund. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Chapter 6.6 (commencing with Section 13486) to Division 7 of the Water Code, relating to water, and declaring the urgency thereof, to take effect immediately." -682,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) It is the goal of state government, in collecting demographic data, to gather accurate information in order to understand, compare, report, and apply that data to the enhancement and improvement of public services. -(b) Currently, the state does not consistently collect demographic data related to sexual orientation or gender identity. -(c) The limited data available for the Lesbian, Gay, Bisexual, and Transgender (LGBT) communities includes all of the following: -(1) According to a University of California, Los Angeles, study from the Williams Institute, nearly one in five children being raised by same-sex couples (approximately 24 percent) live in poverty compared to 14 percent of children being raised by different-sex couples. -(2) Data from a 2013 Williams Institute report on patterns of poverty of LGBT communities shows that one-third of lesbian couples and 20.1 percent of gay male couples without a high school diploma are in poverty, compared to 18.8 percent of different-sex married couples. The report further showed African American same-sex couples have poverty rates more than twice the rate of different-sex married African American couples and there are high levels of poverty in bisexual individuals in California reaching approximately 25 percent of bisexual people compared to 17 percent for heterosexual people. -(3) According to the California Department of Justice, in 2013, hate crimes with a sexual orientation bias motivation were the second most common type of hate crime, comprising 25 percent of all hate crimes. -(4) Various studies, including those by the United States Department of Health and Human Services and the Institute of Medicine, found that health disparities impacting lesbian, gay, bisexual, and transgender include higher risks for cancer, mental illness, and other diseases, as well as higher rates of smoking and substance abuse. -(5) Research from the Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning (LGBTQ) Reducing Disparities Project found that LGBTQ respondents statewide reported troublesome experiences with service providers in regard to how accepting or rejecting service providers have been of their sexual orientation and gender identity/expression. Further, LGBTQ respondents reported difficulty finding providers knowledgeable and accepting of sexual orientation and gender identity concerns. -(d) Due to historical systemic exclusion of data collection of LGBT communities, significant disparities in their health and welfare have been prolonged compared to the broader community. LGBT communities face disproportionately high rates of poverty, suicide, homelessness, isolation, substance abuse, and violence, and low rates of health insurance. These problems are more prevalent for youth and seniors, communities of color, and bisexual and transgender and undocumented communities. -(e) It is in the best interests of the state to respect, embrace, and understand the full diversity of its residents and to collect accurate data to effectively implement and deliver critical state services and programs. -(f) It is the intent of the Legislature that the state departments specified in Section 8310.8 of the Government Code, as added by Section 2 of this act, utilize existing work and research, including, but not limited to, referencing research on promising and community-defined practices and stakeholders when developing questions to collect voluntary self-identified information pertaining to sexual orientation and gender identity. Further, it is the intent of the Legislature that the state departments specified in subdivision (a) of Section 8310.8 of the Government Code, as added by Section 2 of this act, that collect demographic data consider urging the collection of voluntary self-identified information pertaining to sexual orientation and gender identity in circumstances where an entity not covered by this act does not already collect this information. -SEC. 2. -Section 8310.8 is added to the Government Code, to read: -8310.8. -(a) (1) This section shall only apply to the following state departments: -(A) The State Department of Health Care Services. -(B) The State Department of Public Health. -(C) The State Department of Social Services. -(D) The California Department of Aging. -(2) This section shall be known and may be cited as the Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act. -(b) (1) Except as specified in paragraph (2), in addition to the duties imposed by Section 8310.5 and to the extent permissible by federal law, the state departments identified in subdivision (a), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, shall collect voluntary self-identification information pertaining to sexual orientation and gender identity. -(2) The departments identified in subdivision (a) may, but are not required to, collect demographic data pursuant to this section under either of the following circumstances: -(A) Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey. -(B) Demographic data is collected by other entities including: -(i) State offices, departments, and agencies not included in subdivision (a). -(ii) Surveys administered by third-party entities and where the state department is not the sole funder. -(c) (1) During the regular process of reporting of demographic data to the Legislature, the state departments identified in subdivision (a) shall report the data collected pursuant to this section and the method used to collect that data, and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and shall not be disclosed. -(2) The state departments identified in subdivision (a) shall not report demographic data that would permit identification of individuals or would result in statistical unreliability. Demographic reports on data collected pursuant to this section, to prevent identification of individuals, may aggregate categories at a state, county, city, census tract, or zip code level to facilitate comparisons and identify disparities. -(3) The state departments identified in subdivision (a) may use information voluntarily provided about sexual orientation and gender identity only for demographic analysis, coordination of care, quality improvement of its services, conducting approved research, fulfilling reporting requirements, and guiding policy or funding decisions. All information about sexual orientation and gender identity collected pursuant to this section shall be used only for purposes specified in this section. -(d) The state departments identified in subdivision (a) shall come into compliance with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2018. -SEC. 3. -The Legislature finds and declares that Section 2 of this act, which adds Section 8310.8 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -Due to the sensitive general nature of data relating to sexual orientation and gender identity and the need to protect the safety of those who would provide voluntary self-identification information pertaining to their sexual orientation and gender identity, it is necessary to prohibit the public disclosure of personal identifying information that would allow the identification of an individual who provided voluntary self-identification information pertaining to sexual orientation and gender identity.","(1) Existing law requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for each major Asian and Pacific Islander groups, as specified. -This bill would require 4 specific state departments, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation and gender identity, except as specified. This bill would require these state departments, during the regular process of reporting of demographic data to the Legislature, to report the collected data and method used to collect the data and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and prohibited from disclosure. The bill would prohibit these state departments from reporting demographic data that would permit identification of individuals or would result in statistical unreliability. The bill would limit the use of the collected data by these state departments, as specified. The bill would require these state departments to come into compliance with these provisions as early as possible, but no later than July 1, 2018. This bill would make legislative findings and declarations relating to this act. -(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to add Section 8310.8 to the Government Code, relating to data collection." -683,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7613 of the Family Code is amended to read: -7613. -(a) If a woman conceives through assisted reproduction with semen or ova or both donated by a donor not her spouse, with the consent of another intended parent, that intended parent is treated in law as if he or she were the natural parent of a child thereby conceived. The other intended parent’s consent shall be in writing and signed by the other intended parent and the woman conceiving through assisted reproduction. -(b) (1) The donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in assisted reproduction by a woman other than the donor’s spouse is treated in law as if he were not the natural parent of a child thereby conceived, unless otherwise agreed to in a writing signed by the donor and the woman prior to the conception of the child. -(2) If the semen is not provided to a licensed physician and surgeon or a licensed sperm bank as specified in paragraph (1), the donor of semen for use in assisted reproduction by a woman other than the donor’s spouse is treated in law as if he were not the natural parent of a child thereby conceived if either of the following are met: -(A) The donor and the woman agreed in a writing signed prior to conception that the donor would not be a parent. -(B) A court finds by clear and convincing evidence that the child was conceived through assisted reproduction and that, prior to the conception of the child, the woman and the donor had an oral agreement that the donor would not be a parent. -(3) Paragraphs (1) and (2) do not apply to a man who provided semen for use in assisted reproduction by a woman other than the man’s spouse pursuant to a written agreement signed by the man and the woman prior to conception of the child stating that they intended for the man to be a parent. -(c) The donor of ova for use in assisted reproduction by a woman other than the donor’s spouse or nonmarital partner is treated in law as if she were not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the donor and the woman intended for the donor to be a parent. -SEC. 2. -Section 7613.5 of the Family Code is amended to read: -7613.5. -(a) An intended parent may, but is not required to, use the forms set forth in this section to demonstrate his or her intent to be a legal parent of a child conceived through assisted reproduction. These forms shall satisfy the writing requirement specified in Section 7613, and are designed to provide clarity regarding the intentions, at the time of conception, of intended parents using assisted reproduction. These forms do not affect any presumptions of parentage based on Section 7611, and do not preclude a court from considering any other claims to parentage under California statute or case law. -(b) These forms apply only in very limited circumstances. Please read the forms carefully to see if you qualify for use of the forms. -(c) These forms do not apply to assisted reproduction agreements for gestational carriers or surrogacy agreements. -(d) Nothing in this section shall be interpreted to require the use of one of these forms to satisfy the writing requirement of Section 7613. -(e) The following are the optional California Statutory Forms for Assisted Reproduction: -California Statutory Forms for Assisted Reproduction, Form 1: -Two Married or Unmarried People Using Assisted Reproduction to Conceive a Child -Use this form if: You and another intended parent, who may be your spouse or registered domestic partner, are conceiving a child through assisted reproduction using sperm and/or egg donation; and one of you will be giving birth. -WARNING: Signing this form does not terminate the parentage claim of a sperm donor. A sperm donor’s claim to parentage is terminated if the sperm is provided to a licensed physician and surgeon or to a licensed sperm bank prior to insemination, or if you conceive without having sexual intercourse and you have a written agreement signed by you and the donor that you will conceive using assisted reproduction and do not intend for the donor to be a parent, as required by Section 7613(b) of the Family Code. -The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. Even if you do not fill out this form, a spouse or domestic partner of the parent giving birth is presumed to be a legal parent of any child born during the marriage or domestic partnership. -This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using sperm and/or egg donation. -I, ____________________ (print name of person not giving birth), intend to be a parent of a child that ____________________ (print name of person giving birth) will or has conceived through assisted reproduction using sperm and/or egg donation. I consent to the use of assisted reproduction by the person who will give birth. I INTEND to be a parent of the child conceived. -SIGNATURES -Intended parent who will give birth: ___________________ (print name) -________________________ (signature) ____________(date) -Intended parent who will not give birth: ____________ (print name) -_________________________ (signature) ___________(date) -NOTARY ACKNOWLEDGMENT -State of California -County of ) _____ -On before me, (insert name and title of the officer) -personally appeared , -who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. -I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -WITNESS my hand and official seal. -Signature(Seal) -California Statutory Forms for Assisted Reproduction, Form 2: -Unmarried, Intended Parents Using Intended Parent’s Sperm to Conceive a Child -Use this form if: (1) Neither you or the other person are married or in a registered domestic partnership (including a registered domestic partnership or civil union from another state); (2) one of you will give birth to a child conceived through assisted reproduction using the intended parent’s sperm; and (3) you both intend to be parents of that child. -Do not use this form if you are conceiving using a surrogate. -WARNING: If you do not sign this form, or a similar agreement, you may be treated as a sperm donor if you conceive without having sexual intercourse according to Section 7613(b) of the Family Code. -The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. -This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using sperm donation. -I, ____________________ (print name of parent giving birth), plan to use assisted reproduction with another intended parent who is providing sperm to conceive the child. I am not married and am not in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction), and I INTEND for the person providing sperm to be a parent of the child to be conceived. -I, ____________________ (print name of parent providing sperm), plan to use assisted reproduction to conceive a child using my sperm with the parent giving birth. I am not married and am not in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction), and I INTEND to be a parent of the child to be conceived. -SIGNATURES -Intended parent giving birth: ___________________ (print name) -________________________ (signature) ____________(date) -Intended parent providing sperm: ____________ (print name) -_________________________ (signature) ___________(date) -NOTARY ACKNOWLEDGMENT -State of California -County of ) _____ -On before me, (insert name and title of the officer) -personally appeared , -who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. -I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -WITNESS my hand and official seal. -Signature(Seal) -California Statutory Forms for Assisted Reproduction, Form 3: -Intended Parents Conceiving a Child Using Eggs from One Parent and the Other Parent Will Give Birth -Use this form if: You are conceiving a child using the eggs from one of you and the other person will give birth to the child; (2) and you both intend to be parents to that child. -Do not use this form if you are conceiving using a surrogate. -WARNING: Signing this form does not terminate the parentage claim of a sperm donor. A sperm donor’s claim to parentage is terminated if the sperm is provided to a licensed physician and surgeon or to a licensed sperm bank prior to insemination, or if you conceive without having sexual intercourse and you have a written agreement signed by you and the donor that you will conceive using assisted reproduction and do not intend for the donor to be a parent, as required by Section 7613(b) of the Family Code. -The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. -This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using eggs from one parent and the other parent will give birth to the child. -I, ____________________ (print name of parent giving birth), plan to use assisted reproduction to conceive and give birth to a child with another person who will provide eggs to conceive the child. I INTEND for the person providing eggs to be a parent of the child to be conceived. -I, ____________________ (print name of parent providing eggs), plan to use assisted reproduction to conceive a child with another person who will give birth to the child conceived using my eggs. I INTEND to be a parent of the child to be conceived. -SIGNATURES -Intended parent giving birth: ___________________ (print name) -________________________ (signature) ____________(date) -Intended parent providing eggs: ____________ (print name) -_________________________ (signature) ___________(date) -NOTARY ACKNOWLEDGMENT -State of California -County of ) _____ -On before me, (insert name and title of the officer) -personally appeared , -who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. -I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -WITNESS my hand and official seal. -Signature(Seal) -California Statutory Forms for Assisted Reproduction, Form 4: -Intended Parent(s) Using a Known Sperm and/or Egg Donor(s) to Conceive a Child -Use this form if: You are using a known sperm and/or egg donor(s), or embryo donation, to conceive a child and you do not intend for the donor(s) to be a parent. -Do not use this form if you are conceiving using a surrogate. -If you do not sign this form or a similar agreement, your sperm donor may be treated as a parent unless the sperm is provided to a licensed physician and surgeon or to a licensed sperm bank prior to insemination, or a court finds by clear and convincing evidence that you planned to conceive through assisted reproduction and did not intend for the donor to be a parent, as required by Section 7613(b) of the Family Code. If you do not sign this form or a similar agreement, your egg donor may be treated as a parent unless a court finds that there is satisfactory evidence that you planned to conceive through assisted reproduction and did not intend for the donor to be a parent, as required by Section 7613(c) of the Family Code. -The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. -This form demonstrates your intent that your sperm and/or egg or embryo donor(s) will not be a parent or parents of the child you plan to conceive through assisted reproduction. -I, ____________________ (print name of parent giving birth), plan to use assisted reproduction to conceive using a sperm and/or egg donor(s) or embryo donation, and I DO NOT INTEND for the sperm and/or egg or embryo donor(s) to be a parent of the child to be conceived. -(If applicable) I, ____________________ (print name of sperm donor), plan to donate my sperm to____________________ (print name of parent giving birth and second parent if applicable). I am not married and am not in a registered domestic partnership (including a registered domestic partnership or a civil union from another jurisdiction) with ____________________ (print name of parent giving birth), and I DO NOT INTEND to be a parent of the child to be conceived. -(If applicable) I, ____________________ (print name of egg donor), plan to donate my ova to____________________ (print name of parent giving birth and second parent if applicable). I am not married and am not in a registered domestic partnership (including a registered domestic partnership or a civil union from another jurisdiction) with ____________________ (print name of parent giving birth), or any intimate and nonmarital relationship with ____________________ (print name of parent giving birth) and I DO NOT INTEND to be a parent of the child to be conceived. -(If applicable) I, ____________________ (print name of intended parent not giving birth), INTEND to be a parent of the child that____________________ (print name of parent giving birth) will conceive through assisted reproduction using sperm and/or egg donation and I DO NOT INTEND for the sperm and/or egg or embryo donor(s) to be a parent. I consent to the use of assisted reproduction by the person who will give birth. -SIGNATURES -Intended parent giving birth: ___________________ (print name) -________________________ (signature) ____________(date) -(If applicable) Sperm Donor: ___________________ (print name) -________________________ (signature) ____________(date) -(If applicable) Egg Donor: ___________________ (print name) -________________________ (signature) ____________(date) -(If applicable) Intended parent not giving birth: ____________ (print name) -_________________________ (signature) ___________(date) -NOTARY ACKNOWLEDGMENT -State of California -County of ) _____ -On before me, (insert name and title of the officer) -personally appeared , -who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. -I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -WITNESS my hand and official seal. -Signature(Seal)","Existing law provides that the spouse of a woman who conceives through assisted reproduction with semen donated by a man not her husband is treated as if he or she were the natural parent of the child. Existing law further provides that the donor of semen provided to a licensed physician or to a licensed sperm bank for use in artificial insemination or in vitro fertilization of a woman other than the donor’s wife is treated as if he were not the natural father of the child. -This bill would provide that the donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in assisted reproduction is treated as if he were not the natural parent of the child unless otherwise agreed to in a writing signed by the donor and woman prior to the conception of the child. The bill would also provide, if the semen is not provided to a licensed physician and surgeon or a licensed sperm bank, that the donor of semen for use in assisted reproduction by a woman other than the donor’s spouse is treated in law as if he were not the natural parent of the child if either the donor and the woman agreed in a writing prior to conception that the donor would not be a parent or a court finds by clear and convincing evidence that the child was conceived through assisted reproduction and that, prior to the conception of the child, the woman and the donor had an oral agreement that the donor would not be a parent. The bill would provide that the donor of ova for use in assisted reproduction is treated as if she were not the natural parent of a child thereby conceived unless the court finds satisfactory evidence that the donor and the woman intended for the donor to be a parent. -This bill would also create a new form for assisted reproduction that would provide clarity regarding a person’s intent to be a legal parent if he or she is using assisted reproduction that results in a child at the time of conception from a known sperm or ova donor. The bill would also state that the use of this form, if signed prior to the conception of a child, is presumed to satisfy the writing requirement described above.","An act to amend Sections 7613 and 7613.5 of the Family Code, relating to parentage." -684,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 667.61 of the Penal Code is amended to read: -667.61. -(a) Except as provided in subdivision (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 25 years to life. -(b) Except as provided in subdivision (a), (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 15 years to life. -(c) This section shall apply to any of the following offenses: -(1) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261. -(2) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262. -(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. -(4) Lewd or lascivious act, in violation of subdivision (b) of Section 288. -(5) Sexual penetration, in violation of subdivision (a) of Section 289. -(6) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286. -(7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 288a. -(8) Lewd or lascivious act, in violation of subdivision (a) of Section 288. -(9) Continuous sexual abuse of a -child, -child -in violation of Section 288.5. -(10) Rape in violation of paragraph (1) of subdivision (a) of Section 261, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. -(11) Sexual penetration, in violation of subdivision (b) of Section 289, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. -(12) Sodomy, in violation of subdivision (g) of Section 286, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. -(13) Oral copulation, in violation of subdivision (g) of Section 288a, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. -(d) The following circumstances shall apply to the offenses specified in subdivision (c): -(1) The defendant has been previously convicted of an offense specified in subdivision (c), including an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c). -(2) The defendant kidnapped the victim of the present offense and the movement of the victim substantially increased the risk of harm to the victim over and above that level of risk necessarily inherent in the underlying offense in subdivision (c). -(3) The defendant inflicted aggravated mayhem or torture on the victim or another person in the commission of the present offense in violation of Section 205 or 206. -(4) The defendant committed the present offense during the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, with intent to commit an offense specified in subdivision (c). -(5) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (2), (3), or (4) of this subdivision. -(6) The defendant personally inflicted great bodily injury on the victim or another person in the commission of the present offense in violation of Section 12022.53, 12022.7, or 12022.8. -(7) The defendant personally inflicted bodily harm on the victim who was under 14 years of age. -(e) The following circumstances shall apply to the offenses specified in subdivision (c): -(1) Except as provided in paragraph (2) of subdivision (d), the defendant kidnapped the victim of the present offense in violation of Section 207, 209, or 209.5. -(2) Except as provided in paragraph (4) of subdivision (d), the defendant committed the present offense during the commission of a burglary in violation of Section 459. -(3) The defendant personally used a dangerous or deadly weapon or a firearm in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5, or 12022.53. -(4) The defendant has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim. -(5) The defendant engaged in the tying or binding of the victim or another person in the commission of the present offense. -(6) The defendant administered a controlled substance to the victim in the commission of the present offense in violation of Section 12022.75. -(7) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (1), (2), (3), (5), or (6) of this subdivision or paragraph (6) of subdivision (d). -(f) If only the minimum number of circumstances specified in subdivision (d) or (e) that are required for the punishment provided in subdivision (a), (b), (j), (l), or (m) to apply have been pled and proved, that circumstance or those circumstances shall be used as the basis for imposing the term provided in subdivision (a), (b), (j), (l), or (m) whichever is greater, rather than being used to impose the punishment authorized under any other provision of law, unless another provision of law provides for a greater penalty or the punishment under another provision of law can be imposed in addition to the punishment provided by this section. However, if any additional circumstance or circumstances specified in subdivision (d) or (e) have been pled and proved, the minimum number of circumstances shall be used as the basis for imposing the term provided in subdivision (a), (j), or (l) and any other additional circumstance or circumstances shall be used to impose any punishment or enhancement authorized under any other provision of law. -(g) Notwithstanding Section 1385 or any other provision of law, the court shall not strike any allegation, admission, or finding of any of the circumstances specified in subdivision (d) or (e) for any person who is subject to punishment under this section. -(h) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person who is subject to punishment under this section. -(i) For any offense specified in paragraphs (1) to (7), inclusive, of subdivision (c), or in paragraphs (1) to (6), inclusive, of subdivision (n), the court shall impose a consecutive sentence for each offense that results in a conviction under this section if the crimes involve separate victims or involve the same victim on separate occasions -, -as defined in subdivision (d) of Section 667.6. -(j) (1) Any person who is convicted of an offense specified in subdivision (c), with the exception of a violation of subdivision (a) of Section 288, upon a victim who is a child under 14 years of age under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), shall be punished by imprisonment in the state prison for life without the possibility of parole. Where the person was under 18 years of age at the time of the offense, the person shall be punished by imprisonment in the state prison for 25 years to life. -(2) Any person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e), upon a victim who is a child under 14 years of age, shall be punished by imprisonment in the state prison for 25 years to life. -(k) As used in this section, “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit an offense specified in subdivision (c). -(l) Any person who is convicted of an offense specified in subdivision (n) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), upon a victim who is a minor 14 years of age or older shall be punished by imprisonment in the state prison for life without the possibility of parole. If the person who was convicted was under 18 years of age at the time of the offense, he or she shall be punished by imprisonment in the state prison for 25 years to life. -(m) Any person who is convicted of an offense specified in subdivision (n) under one of the circumstances specified in subdivision (e) against a minor 14 years of age or older shall be punished by imprisonment in the state prison for 25 years to life. -(n) Subdivisions (l) and (m) shall apply to any of the following offenses: -(1) Rape, in violation of paragraph (2) of subdivision (a) of Section 261. -(2) Spousal rape, in violation of paragraph (1) of subdivision (a) of Section 262. -(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. -(4) Sexual penetration, in violation of paragraph (1) of subdivision (a) of Section 289. -(5) Sodomy, in violation of paragraph (2) of subdivision (c) of Section 286, or in violation of subdivision (d) of Section 286. -(6) Oral copulation, in violation of paragraph (2) of subdivision (c) of Section 288a, or in violation of subdivision (d) of Section 288a. -(7) Rape in violation of paragraph (1) of subdivision (a) of Section 261, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. -(8) Sexual penetration, in violation of subdivision (b) of Section 289, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. -(9) Sodomy, in violation of subdivision (g) of Section 286, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. -(10) Oral copulation, in violation of subdivision (g) of Section 288a, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. -(o) The penalties provided in this section shall apply only if the existence of any circumstance specified in subdivision (d) or (e) is alleged in the accusatory pleading pursuant to this section, and is either admitted by the defendant in open court or found to be true by the trier of fact. -SEC. 2. -Section 667.9 of the Penal Code is amended to read: -667.9. -(a) Any person who commits one or more of the crimes specified in subdivision (c) against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under the age of 14 years, and that disability or condition is known or reasonably should be known to the person committing the crime, shall receive a one-year enhancement for each violation. -(b) Any person who commits a violation of subdivision (a) and who has a prior conviction for any of the offenses specified in subdivision (c), shall receive a two-year enhancement for each violation in addition to the sentence provided under Section 667. -(c) Subdivisions (a) and (b) apply to the following crimes: -(1) Mayhem, in violation of Section 203 or 205. -(2) Kidnapping, in violation of Section 207, 209, or 209.5. -(3) Robbery, in violation of Section 211. -(4) Carjacking, in violation of Section 215. -(5) Rape, in violation of paragraph -(2) -(1), (2), -or (6) of subdivision (a) of Section 261. -(6) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262. -(7) Rape, spousal rape, or sexual penetration in concert, in violation of Section 264.1. -(8) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision -(d), -(d) or (g), -of Section 286. -(9) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision -(d), -(d) or (g), -of Section 288a. -(10) Sexual penetration, in violation of subdivision (a) -or (b) -of Section 289. -(11) Burglary of the first degree, as defined in Section 460, in violation of Section 459. -(d) As used in this section, “developmentally disabled” means a severe, chronic disability of a person, which is all of the following: -(1) Attributable to a mental or physical impairment or a combination of mental and physical impairments. -(2) Likely to continue indefinitely. -(3) Results in substantial functional limitation in three or more of the following areas of life activity: -(A) Self-care. -(B) Receptive and expressive language. -(C) Learning. -(D) Mobility. -(E) Self-direction. -(F) Capacity for independent living. -(G) Economic self-sufficiency. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law, as amended by Proposition 83, the Sexual Predator Punishment and Control Act (Jessica’s Law), approved by the voters at the November 7, 2006, statewide general election, makes a defendant punisable by imprisonment in the state prison for 25 years to life if convicted of certain crimes, including rape, sexual penetration, sodomy, oral copulation, continuous sexual abuse of a child, or rape, spousal rape, or sexual penetration in concert, if certain circumstances were present, including, among other things, in the commission of that offense, any person kidnapped the victim, tortured the victim, or committed the offense during the commission of a burglary, as specified. Existing law also makes a defendant punishable by imprisonment in the state prison for 15 years to life if convicted of certain crimes, including rape, sexual penetration, sodomy, oral copulation, continuous sexual abuse of a child, or rape, spousal rape, or sexual penetration in concert, if certain circumstances were present, including, among other things, in the commission of that offense any person, except as specified in the provisions above, kidnapped the victim, committed the offense during the commission of a burglary, or used a dangerous or deadly weapon in the commission of the offense. Proposition 83 provides that the Legislature may amend the provisions of the act to expand the scope of their application or increase the punishment or penalties by a statute passed by a majority vote of each house of the Legislature. -This bill would add the crimes of rape, sexual penetration, sodomy, and oral copulation, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, to the above provisions, if the victim is developmentally disabled, as defined. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. -(2) Existing law makes a defendant punishable by imprisonment in the state prison for 25 years to life if convicted of certain crimes, including rape, spousal rape or sexual penetration in concert, sexual penetration, sodomy, or oral copulation if certain circumstances were present, including, among other things, in the commission of that offense any person kidnapped the victim, committed the offense during the commission of a burglary, or used a dangerous or deadly weapon in the commission of the offense, or under other specified circumstances, and the crime was committed against a minor 14 years of age or older. -This bill would add the crimes of rape, sexual penetration, sodomy, and oral copulation, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, to the above provisions, if the victim is developmentally disabled, as defined. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. -(3) Existing law requires that a person who commits certain enumerated crimes, including rape, sodomy, oral copulation, and sexual penetration, against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under 14 years of age, receive a one-year sentence enhancement and requires that any person having a prior conviction for any of the enumerated offenses receive a 2-year sentence enhancement. -This bill would add to the enumerated list of crimes rape, sodomy, oral copulation, and sexual penetration, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. -(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 667.61 and 667.9 of the Penal Code, relating to sex offenses." -685,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 558 of the Labor Code is amended to read: -558. -(a) Any employer or other person acting on behalf of an employer who violates, or causes to be violated, a section of this chapter or any provision regulating hours and days of work in any order of the Industrial Welfare Commission shall be subject to a civil penalty as follows: -(1) For any initial violation, fifty dollars ($50) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. -(2) For each subsequent violation, one hundred dollars ($100) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. -(3) Wages recovered pursuant to this section shall be paid to the affected employee. -(b) If upon inspection or investigation the Labor Commissioner determines that a person had paid or caused to be paid a wage for overtime work in violation of any provision of this chapter, any provision regulating hours and days of work in any order of the Industrial Welfare Commission, or any applicable local overtime law, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for a violation of this chapter shall be the same as those set out in Section 1197.1. -(c) In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local overtime law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local overtime law if the local entity has not cited the employer for the same violation. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation. -(d) The civil penalties provided for in this section are in addition to any other civil or criminal penalty provided by law. -(e) This section does not change the applicability of local overtime wage laws to any entity. -SEC. 2. -Section 1197 of the Labor Code is amended to read: -1197. -The minimum wage for employees fixed by the commission or by any applicable state or local law, is the minimum wage to be paid to employees, and the payment of a lower wage than the minimum so fixed is unlawful. This section does not change the applicability of local minimum wage laws to any entity. -SEC. 3. -Section 1197.1 of the Labor Code is amended to read: -1197.1. -(a) Any employer or other person acting either individually or as an officer, agent, or employee of another person, who pays or causes to be paid to any employee a wage less than the minimum fixed by an applicable state or local law, or by an order of the commission shall be subject to a civil penalty, restitution of wages, liquidated damages payable to the employee, and any applicable penalties imposed pursuant to Section 203 as follows: -(1) For any initial violation that is intentionally committed, one hundred dollars ($100) for each underpaid employee for each pay period for which the employee is underpaid. This amount shall be in addition to an amount sufficient to recover underpaid wages, liquidated damages pursuant to Section 1194.2, and any applicable penalties imposed pursuant to Section 203. -(2) For each subsequent violation for the same specific offense, two hundred fifty dollars ($250) for each underpaid employee for each pay period for which the employee is underpaid regardless of whether the initial violation is intentionally committed. This amount shall be in addition to an amount sufficient to recover underpaid wages, liquidated damages pursuant to Section 1194.2, and any applicable penalties imposed pursuant to Section 203. -(3) Wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203, recovered pursuant to this section shall be paid to the affected employee. -(b) If, upon inspection or investigation, the Labor Commissioner determines that a person has paid or caused to be paid a wage less than the minimum under applicable law, the Labor Commissioner may issue a citation to the person in violation. The citation may be served personally or by registered mail in accordance with subdivision (c) of Section 11505 of the Government Code. Each citation shall be in writing and shall describe the nature of the violation, including reference to the statutory provision alleged to have been violated. The Labor Commissioner promptly shall take all appropriate action, in accordance with this section, to enforce the citation and to recover the civil penalty assessed, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 in connection with the citation. -(c) (1) If a person desires to contest a citation or the proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 therefor, the person shall, within 15 business days after service of the citation, notify the office of the Labor Commissioner that appears on the citation of his or her request for an informal hearing. The Labor Commissioner or his or her deputy or agent shall, within 30 days, hold a hearing at the conclusion of which the citation or proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 shall be affirmed, modified, or dismissed. -(2) The decision of the Labor Commissioner shall consist of a notice of findings, findings, and an order, all of which shall be served on all parties to the hearing within 15 days after the hearing by regular first-class mail at the last known address of the party on file with the Labor Commissioner. Service shall be completed pursuant to Section 1013 of the Code of Civil Procedure. Any amount found due by the Labor Commissioner as a result of a hearing shall become due and payable 45 days after notice of the findings and written findings and order have been mailed to the party assessed. A writ of mandate may be taken from this finding to the appropriate superior court. The party shall pay any judgment and costs ultimately rendered by the court against the party for the assessment. The writ shall be taken within 45 days of service of the notice of findings, findings, and order thereon. -(d) A person to whom a citation has been issued shall, in lieu of contesting a citation pursuant to this section, transmit to the office of the Labor Commissioner designated on the citation the amount specified for the violation within 15 business days after issuance of the citation. -(e) When no petition objecting to a citation or the proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 is filed, a certified copy of the citation or proposed civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the citation or proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203. -(f) When findings and the order thereon are made affirming or modifying a citation or proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 after hearing, a certified copy of these findings and the order entered thereon may be entered by the Labor Commissioner in the office of the clerk of the superior court in any county in which the person assessed has property or in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the certified order. -(g) A judgment entered pursuant to this section shall bear the same rate of interest and shall have the same effect as other judgments and be given the same preference allowed by the law on other judgments rendered for claims for taxes. The clerk shall make no charge for the service provided by this section to be performed by him or her. -(h) In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local minimum wage law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local minimum wage law if the local entity has not cited the employer for the same violation. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation. -(i) The civil penalties provided for in this section are in addition to any other penalty provided by law. -(j) This section shall not apply to any order of the commission relating to household occupations. -(k) This section does not change the applicability of local minimum wage laws to any entity. -SEC. 4. -Section 2802 of the Labor Code is amended to read: -2802. -(a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful. -(b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss. -(c) For purposes of this section, the term “necessary expenditures or losses” shall include all reasonable costs, including, but not limited to, attorney’s fees incurred by the employee enforcing the rights granted by this section. -(d) In addition to recovery of penalties under this section in a court action or proceedings pursuant to Section 98, the commissioner may issue a citation against an employer or other person acting on behalf of the employer who violates reimbursement obligations for an amount determined to be due to an employee under this section. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1. Amounts recovered pursuant to this section shall be paid to the affected employee. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law authorizes the Labor Commissioner to investigate and enforce statutes and orders of the Industrial Welfare Commission that, among other things, specify the requirements for the payment of wages by employers. Existing law provides for criminal and civil penalties for violations of statutes and orders of the commission regarding payment of wages. -This bill would, in addition, authorize the Labor Commissioner to investigate and, upon a request from the local entity, to enforce local laws regarding overtime hours or minimum wage provisions and to issue citations and penalties for violations, except when the local entity has already issued a citation for the same violation. The bill would prohibit a local entity from issuing a citation to the employer if the Labor Commissioner has already issued a citation to that employer for the same violation. This bill also would make related conforming changes. By expanding the definition of a crime, this bill would create a state-mandated local program. -(2) Existing law requires an employer to indemnify his or her employees for all that the employee necessarily expends or loses in direct consequence of the discharge of the employee’s duties or as a result of obeying the employer’s directions. Existing law provides an aggrieved employee with a private right of action to recover these expenditures. -This bill would, additionally, authorize the Labor Commissioner to enforce these provisions by issuing citations and penalties to employers for violations of this requirement, as specified. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 558, 1197, 1197.1, and 2802 of the Labor Code, relating to employment." -686,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 13480 of the Water Code is amended to read: -13480. -(a) Moneys in the fund shall be used only for the permissible purposes allowed by the federal act or a federal capitalization grant deposited in the fund, to the extent authorized and funded by that grant, including providing financial assistance for the following purposes: -(1) The construction of publicly owned treatment works, as defined by Section 212 of the federal act (33 U.S.C. Sec. 1292), by any municipality. -(2) Implementation of a management program pursuant to Section 319 of the federal act (33 U.S.C. Sec. 1329). -(3) Development and implementation of a conservation and management plan under Section 320 of the federal act (33 U.S.C. Sec. 1330). -(4) Financial assistance, other than a loan, toward the nonfederal share of costs of any grant-funded treatment works project, but only if that assistance is necessary to permit the project to proceed. -(5) Financial assistance provided under the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) for projects authorized pursuant to this subdivision. -(b) Consistent with expenditure for authorized purposes, moneys in the fund may be used for the following purposes: -(1) Loans that meet all of the following requirements: -(A) Are made at or below market interest rates. -(B) Require annual payments of principal and any interest, with repayment commencing not later than one year after completion of the project for which the loan is made and full amortization not later than -20 -30 -years after project completion unless otherwise authorized by a federal capitalization grant deposited in the fund, to the extent authorized and funded by that grant. Loan forgiveness is permissible to the extent authorized by a federal capitalization grant deposited in the fund, to the extent authorized and funded by that grant. -(C) Require the loan recipient to establish an acceptable dedicated source of revenue for repayment of a loan. -(D) (i) Contain other terms and conditions required by the board or the federal act or applicable rules, regulations, guidelines, and policies. To the extent permitted by federal law, the combined interest and loan service rate shall be set at a rate that does not exceed 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds and the combined interest and loan service rate shall be computed according to the true interest cost method. If the combined interest and loan service rate so determined is not a multiple of one-tenth of 1 percent, the combined interest and loan service rate shall be set at the multiple of one-tenth of 1 percent next above the combined interest and loan service rate so determined. A loan from the fund used to finance costs of facilities planning, or the preparation of plans, specifications, or estimates for construction of publicly owned treatment works shall comply with Section 603(e) of the federal act (33 U.S.C. Sec. 1383(e)). -(ii) Notwithstanding clause (i), if the loan applicant is a municipality, an applicant for a loan for the implementation of a management program pursuant to Section 319 of the federal act (33 U.S.C. Sec. 1329), or an applicant for a loan for nonpoint source or estuary enhancement pursuant to Section 320 of the federal act (33 U.S.C. Sec. 1330), and the applicant provides matching funds, the combined interest and loan service rate on the loan shall be 0 percent. A loan recipient that returns to the fund an amount of money equal to 20 percent of the remaining unpaid federal balance of an existing loan shall have the remaining unpaid loan balance refinanced at a combined interest and loan service rate of 0 percent over the time remaining in the original loan contract. -(2) To buy or refinance the debt obligations of municipalities within the state at or below market rates if those debt obligations were incurred after March 7, 1985. -(3) To guarantee, or purchase insurance for, local obligations where that action would improve credit market access or reduce interest rates. -(4) As a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the state, if the proceeds of the sale of those bonds will be deposited in the fund. -(5) To establish loan guarantees for similar revolving funds established by municipalities. -(6) To earn interest. -(7) For payment of the reasonable costs of administering the fund and conducting activities under Subchapter VI (commencing with Section 601) of the federal act (33 U.S.C. Sec. 1381 et seq.). Those costs shall not exceed 4 percent of all federal contributions to the fund, except that if permitted by federal and state law, interest repayments into the fund and other moneys in the fund may be used to defray additional administrative and activity costs to the extent permitted by the federal government and approved by the Legislature in the Budget Act. -(8) For financial assistance toward the nonfederal share of the costs of grant-funded treatment works projects to the extent permitted by the federal act. -(9) Grants, principal forgiveness, negative interest rates, and any other type of, or variation on the above types of, assistance authorized by a federal capitalization grant deposited in the fund, to the extent authorized and funded by that grant.","Existing law continuously appropriates state and federal funds in the State Water Pollution Control Revolving Fund to the State Water Resources Control Board for loans and other financial assistance for the construction of publicly owned treatment works and other related purposes, to a municipality, intermunicipal agency, interstate agency, or state agency in accordance with the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. -Existing law requires that moneys in the fund be used only for permissible purposes allowed by the Clean Water Act or a federal capitalization grant deposited in the fund to the extent authorized and funded by the grant. -Existing law requires the loans to meet certain criteria, including requiring full amortization not later than 20 years after project completion, except as specified. -This bill would make nonsubstantive changes to the requirement that moneys in the fund be used only for permissible purposes allowed by the Clean Water Act or a federal capitalization grant deposited in the fund. -This bill would, subject to the same exception, require full amortization not later than 30 years after project completion.","An act to amend Section 13480 of the Water Code, relating to the State Water Pollution Control Revolving Fund." -687,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12300 of the Welfare and Institutions Code is amended to read: -12300. -(a) The purpose of this article is to provide in every county in a manner consistent with this chapter and the annual Budget Act those supportive services identified in this section to aged, blind, or disabled persons, as defined under this chapter, who are unable to perform the services themselves and who cannot safely remain in their homes or abodes of their own choosing unless these services are provided. -(b) Supportive services shall include domestic services and services related to domestic services, heavy cleaning, personal care services, accompaniment by a provider when needed during necessary travel to health-related appointments or to alternative resource sites, yard hazard abatement, protective supervision, teaching and demonstration directed at reducing the need for other supportive services, and paramedical services -which -that -make it possible for the recipient to establish and maintain an independent living arrangement. -(c) Personal care services shall mean all of the following: -(1) Assistance with ambulation. -(2) Bathing, oral hygiene, and grooming. -(3) Dressing. -(4) Care and assistance with prosthetic devices. -(5) Bowel, bladder, and menstrual care. -(6) Repositioning, skin care, range of motion exercises, and transfers. -(7) Feeding and assurance of adequate fluid intake. -(8) Respiration. -(9) Assistance with self-administration of medications. -(d) Personal care services are available if these services are provided in the beneficiary’s home and other locations as may be authorized by the director. Among the locations that may be authorized by the director under this -paragraph -subdivision -is the recipient’s place of employment if all of the following conditions are met: -(1) The personal care services are limited to those that are currently authorized for a recipient in the recipient’s home and those services are to be utilized by the recipient at the recipient’s place of employment to enable the recipient to obtain, retain, or return to work. Authorized services utilized by the recipient at the recipient’s place of employment shall be services that are relevant and necessary in supporting and maintaining employment. However, workplace services shall not be used to supplant any reasonable accommodations required of an employer by the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.; ADA) -or -, -other legal entitlements -, -or third-party obligations. -(2) The provision of personal care services at the recipient’s place of employment shall be authorized only to the extent that the total hours utilized at the workplace are within the total personal care services hours authorized for the recipient in the home. Additional personal care services hours may not be authorized in connection with a recipient’s employment. -(e) -Where -If -supportive services are provided by a person having the legal duty pursuant to the Family Code to provide for the care of his or her child who is the recipient, the provider of supportive services shall receive remuneration for the services only when the provider leaves full-time employment or is prevented from obtaining full-time employment because no other suitable provider is available and where the inability of the provider to provide supportive services may result in inappropriate placement or inadequate care. -These providers shall be paid only for the following: -(1) Services related to domestic services. -(2) Personal care services. -(3) Accompaniment by a provider when needed during necessary travel to health-related appointments or to alternative resource sites. -(4) Protective supervision only as needed because of the functional limitations of the child. -(5) Paramedical services. -(f) To encourage maximum voluntary services, so as to reduce governmental costs, respite care shall also be provided. Respite care is temporary or periodic service for eligible recipients to relieve persons who are providing care without compensation. -(g) A person who is eligible to receive -a service or -services under an approved federal waiver authorized pursuant to Section 14132.951, or a person who is eligible to receive -a service or -services authorized pursuant to Section 14132.95, shall not be eligible to receive the same -service or -services pursuant to this article. In the event that the waiver authorized pursuant to Section 14132.951, as approved by the federal government, does not extend eligibility to all persons otherwise eligible for services under this article, or does not cover a service or particular services, or does not cover the scope of a service that a person would otherwise be eligible to receive under this article, those persons who are not eligible for services, or for a particular service under the waiver or Section 14132.95 shall be eligible for services under this article. -(h) (1) All services provided pursuant to this article shall be equal in amount, scope, and duration to the same services provided pursuant to Section 14132.95, including any adjustments that may be made to those services pursuant to subdivision (e) of Section 14132.95. -(2) Notwithstanding any other provision of this article, the rate of reimbursement for in-home supportive services provided through any mode of service shall not exceed the rate of reimbursement established under subdivision (j) of Section 14132.95 for the same mode of service unless otherwise provided in the annual Budget Act. -(3) The maximum number of hours available under Section 14132.95, Section 14132.951, and this section, combined, shall be 283 hours per month. Any recipient of services under this article shall receive no more than the applicable maximum specified in Section 12303.4.","Existing law provides for the county-administered In-Home Supportive Services program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. -This bill would make technical, nonsubstantive changes to these provisions.","An act to amend Section 12300 of the Welfare and Institutions Code, relating to public social services." -688,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 8263 of the Education Code is amended to read: -8263. -(a) The Superintendent shall adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement this chapter. In order to be eligible for federal and state subsidized child development services, families shall meet at least one requirement in each of the following areas: -(1) A family is (A) a current aid recipient, (B) income eligible, (C) homeless, or (D) one whose children are recipients of protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited. -(2) A family needs the child care services (A) because the child is identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as (i) a recipient of protective services, (ii) being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation, or (iii) being homeless or (B) because the parents are (i) engaged in vocational training leading directly to a recognized trade, paraprofession, or profession, (ii) employed or seeking employment, (iii) seeking permanent housing for family stability, or (iv) incapacitated. -(b) Except as provided in Article 15.5 (commencing with Section 8350), priority for federal and state subsidized child development services is as follows: -(1) (A) First priority shall be given to neglected or abused children who are recipients of child protective services, or children who are at risk of being neglected or abused, upon written referral from a legal, medical, or social services agency. If an agency is unable to enroll a child in the first priority category, the agency shall refer the family to local resource and referral services to locate services for the child. -(B) A family who is receiving child care on the basis of being a child at risk of abuse, neglect, or exploitation, as defined in subdivision (k) of Section 8208, is eligible to receive services pursuant to subparagraph (A) for up to three months, unless the family becomes eligible pursuant to subparagraph (C). -(C) A family may receive child care services for up to 12 months on the basis of a certification by the county child welfare agency that child care services continue to be necessary or, if the child is receiving child protective services during that period of time, and the family requires child care and remains otherwise eligible. This time limit does not apply if the family’s child care referral is recertified by the county child welfare agency. -(2) Second priority shall be given equally to eligible families, regardless of the number of parents in the home, who are income eligible. Within this priority, families with the lowest gross monthly income in relation to family size, as determined by a schedule adopted by the Superintendent, shall be admitted first. If two or more families are in the same priority in relation to income, the family that has a child with exceptional needs shall be admitted first. If there is no family of the same priority with a child with exceptional needs, the same priority family that has been on the waiting list for the longest time shall be admitted first. For purposes of determining order of admission, the grants of public assistance recipients shall be counted as income. -(3) The Superintendent shall set criteria for, and may grant specific waivers of, the priorities established in this subdivision for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid. -(c) Notwithstanding any other law, in order to promote continuity of services, a family enrolled in a state or federally funded child care and development program whose services would otherwise be terminated because the family no longer meets the program income, eligibility, or need criteria may continue to receive child development services in another state or federally funded child care and development program if the contractor is able to transfer the family’s enrollment to another program for which the family is eligible before the date of termination of services or to exchange the family’s existing enrollment with the enrollment of a family in another program, provided that both families satisfy the eligibility requirements for the program in which they are being enrolled. The transfer of enrollment may be to another program within the same administrative agency or to another agency that administers state or federally funded child care and development programs. -(d) In order to promote continuity of services, the Superintendent may extend the 60-working-day period specified in subdivision (a) of Section 18086.5 of Title 5 of the California Code of Regulations for an additional 60 working days if he or she determines that opportunities for employment have diminished to the degree that one or both parents cannot reasonably be expected to find employment within 60 working days and granting the extension is in the public interest. The scope of extensions granted pursuant to this subdivision shall be limited to the necessary geographic areas and affected persons, which shall be described in the Superintendent’s order granting the extension. It is the intent of the Legislature that extensions granted pursuant to this subdivision improve services in areas with high unemployment rates and areas with disproportionately high numbers of seasonal agricultural jobs. -(e) A physical examination and evaluation, including age-appropriate immunization, shall be required before, or within six weeks of, enrollment. A standard, rule, or regulation shall not require medical examination or immunization for admission to a child care and development program of a child whose parent or guardian files a letter with the governing board of the child care and development program stating that the medical examination or immunization is contrary to his or her religious beliefs, or provide for the exclusion of a child from the program because of a parent or guardian having filed the letter. However, if there is good cause to believe that a child is suffering from a recognized contagious or infectious disease, the child shall be temporarily excluded from the program until the governing board of the child care and development program is satisfied that the child is not suffering from that contagious or infectious disease. -(f) Regulations formulated and promulgated pursuant to this section shall include the recommendations of the State Department of Health Care Services relative to health care screening and the provision of health care services. The Superintendent shall seek the advice and assistance of these health authorities in situations where service under this chapter includes or requires care of children who are ill or children with exceptional needs. -(g) The Superintendent shall establish guidelines for the collection of employer-sponsored child care benefit payments from a parent whose child receives subsidized child care and de","Existing law requires the Superintendent of Public Instruction to adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement laws relating to child care and development services. Existing law requires families to meet certain requirements in order to be eligible for subsidized child development services, including that the family needs child care services because the child is identified by a legal, medical, or social services agency, or emergency shelter as being a recipient of a protective service or being neglected, abused, or exploited, as provided. -This bill would expand the list of entities that can identify a child in need to include a local educational agency liaison for homeless children and youths, a Head Start program, or a transitional shelter. The bill would expand the list of children to be identified to include a homeless child.","An act to amend Section 8263 of the Education Code, relating to child care." -689,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 2.97 (commencing with Section 1001.100) is added to Title 6 of Part 2 of the Penal Code, to read: -CHAPTER 2.97. Veterans Courts -1001.100. -(a) Except as provided in Section 1001.101, each superior court shall develop and implement a veterans court. -(b) A veterans court established pursuant to this chapter shall accomplish all of the following objectives: -(1) Increase cooperation between the courts, criminal justice, veterans, and substance abuse systems. -(2) Create a dedicated calendar or a locally developed collaborative court-supervised veterans mental health program or system that contains the characteristics set out in subdivision (c) that will lead to placement of as many mentally ill offenders who are veterans of the United States military, including those with post-traumatic stress disorder, traumatic brain injury, military sexual trauma, substance abuse, or any mental health problem stemming from United States military service, in community treatment, as is feasible and consistent with public safety. -(3) Improve access to necessary services and support. -(4) Reduce recidivism. -(5) Reduce the involvement of veterans in the criminal justice system and time in jail by making mental health service for veterans available in the least restrictive environment possible while promoting public safety. -(c) A veterans court established pursuant to this chapter shall have all of the following characteristics: -(1) Leadership by a superior court judicial officer assigned by the presiding judge. -(2) Enhanced accountability by combining judicial supervision with rehabilitation services that are rigorously monitored and focused on recovery. -(3) A problem solving focus. -(4) A team approach to decisionmaking, including, but not limited to, involving the defendant who is a veteran in the creation of a treatment plan and goals. -(5) Integration of social and treatment services. -(6) Judicial supervision of the treatment process, as appropriate. -(7) Community outreach efforts. -(8) Direct interaction between defendant and judicial officer. -(d) (1) The county and court stakeholders shall utilize a collaborative process to develop a plan for a veterans court that satisfies the requirements of this section. -(2) At least one stakeholder shall be a criminal justice client who is a veteran who has lived with the experience of mental illness as described in paragraph (2) of subdivision (b). -(3) The plan shall incorporate as many of the following components as feasible: -(A) The method by which the veterans court ensures that the target population of defendants are identified and referred to the veterans court. -(B) The method for assessing defendants who are veterans for serious mental illness and co-occurring disorders. -(C) Eligibility criteria specifying what factors make the defendant eligible to participate in the veterans court, including service in the United States military, the amenability of the defendant to treatment and the facts of the case, as well as prior criminal history, United States military service history, and mental health and substance abuse treatment history. -(D) The elements of the treatment and supervision programs. -(E) Standards for continuing participation in, and successful completion of, the veterans court program. -(F) The need for all service providers and stakeholders to receive initial and ongoing training from county departments and community stakeholders with specialized knowledge about veterans’ treatment and service needs, such as the county health department, county veterans officers, county drug and alcohol department, and Veterans Administration partners, and the need to provide initial and ongoing training for designated staff on the nature of serious mental illness and on the treatment and supportive services available in the community. -(G) The process to ensure defendants will receive the appropriate level of treatment services with emphasis on maximizing federally funded services from the Veterans Administration and the Department of Veterans Affairs, as well as the county and other local mental health and substance abuse treatment services to the extent that resources are available for that purpose, as described in paragraph (5) of subdivision (b) of Section 5600.3 of the Welfare and Institutions Code. -(H) The process for developing or modifying a treatment plan for each defendant, based on a formal assessment of the defendant’s mental health, United States military service history, and substance abuse treatment needs. Participation in the veterans court shall require defendants to complete the recommended treatment plan, and comply with any other terms and conditions that optimizes the likelihood that the defendant completes the program. -(I) The process for referring cases to the veterans court. -(J) A defendant’s voluntary entry into the veterans court, the right of a defendant to withdraw from the veterans court, and the process for explaining these rights to the defendant. -(e) (1) A veterans court shall be administered by a veterans court team led by a judicial officer to preside over the court. -(2) Other members of the veterans court team shall, to the extent feasible, include, but not be limited to, a prosecutor, a public defender, a county mental health liaison, a substance abuse liaison, a county veterans’ service officer, a probation officer, and a Veterans Administration social worker to assist the court with screening veterans court candidates for eligibility and suitability in Veterans Administration funded programs. -(3) The veterans court team shall determine the frequency of ongoing reviews of the progress of the offender in community treatment in order to ensure the offender adheres to the treatment plan as recommended, remains in treatment, and completes treatment. -(f) For the purposes of this section, it is the intent of the Legislature to do all of the following: -(1) Reduce costs to the state through decreased recidivism in a manner consistent with 2011 Realignment. -(2) Provide a veterans court judge a variety of options for carrying out the goal to ensure long-term public safety by maximizing the opportunities for veterans with psychological war wounds to get timely and appropriate treatment. -(3) Ensure that a veterans court judge exercises discretion and uses all tools available to ensure public safety and assist defendants to successfully complete appropriate treatment for the problems underlying their offenses. -(4) Augment, rather than replace, other sections within this code. -(5) Ensure a holistic approach that the priority underlying offense is treated and that offense-specific education and counseling aims are met. Where there are statutory requirements for certain education or counseling programs to be included in the terms of probation, for example, first conviction programs for driving under the influence offenders under Section 23152 of the Vehicle Code or domestic violence offenders under Section 273.5 of the Penal Code, it is the intent of the Legislature that the components of those offense-specific counseling terms be incorporated into the treatment programs that are designed to treat the underlying psychological disorders rather than required in lieu of the psychological treatments. -1001.101. -In order to satisfy the requirements of Section 1001.100, a superior court may partner with another superior court in the same county or a superior court in a neighboring county to provide access to a veterans court if that veterans court satisfies the requirements of Section 1001.100. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the diversion of specified criminal offenders in alternate sentencing and treatment programs. Existing law authorizes the court, with the consent of the defendant and a waiver of the defendant’s speedy trial right, to postpone prosecution, either temporarily or permanently, of a misdemeanor and place the defendant in a pretrial diversion program, if the defendant was, or currently is, a member of the United States military and if he or she may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service. -This bill would require superior courts to develop and implement veterans courts for eligible veterans of the United States military with the objective of, among other things, creation of a dedicated calendar or a locally developed collaborative court-supervised veterans mental health program or system that leads to the placement of as many mentally ill offenders who are veterans of the United States military, including those with post-traumatic stress disorder, traumatic brain injury, military sexual trauma, substance abuse, or any mental health problem stemming from military service, in community treatment as is feasible and consistent with public safety. The bill would make a related statement of legislative intent. -This bill would require a county and court stakeholders to utilize a collaborative process to develop a plan for a veterans court that satisfies the bill’s requirements. The bill would require a veterans court to be administered by a veterans court team led by a judicial officer to preside over the court, and would require that other members of the veterans court team, to the extent feasible, include, but not be limited to, a prosecutor, a public defender, a county mental health liaison, a substance abuse liaison, a county veterans’ service officer, a probation officer, and a Veterans Administration social worker to assist the court with screening veterans court candidates for eligibility and suitability in Veterans Administration funded programs. The bill would require the veterans court team to determine the frequency of ongoing reviews of the progress of the offender in community treatment in order to ensure the offender adheres to the treatment plan as recommended, remains in treatment, and completes treatment. By increasing the duties of local officials, the bill would impose a state-mandated local program. -The bill would authorize a superior court, in order to satisfy the bill’s requirements, to partner with another superior court in the same county or a superior court in a neighboring county to provide access to a veterans court if that veterans court satisfies the bill’s requirements. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Chapter 2.97 (commencing with Section 1001.100) to Title 6 of Part 2 of the Penal Code, relating to veterans courts." -690,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 71093 of the Education Code is amended to read: -71093. -Notwithstanding any other provision of law: -(a) The board of governors may authorize the chancellor to suspend the authority of the Board of Trustees of the Compton Community College District, or of any of the members of that board, to exercise any powers or responsibilities or to take any official actions with respect to the management of the district, including any of the district’s assets, contracts, expenditures, facilities, funds, personnel, or property. The board of governors may authorize suspension for a period up to five years from the effective date of Assembly Bill 318 of the 2005–06 Regular Session, plus a period lasting until the chancellor, the Fiscal Crisis and Management Assistance Team, the Director of Finance, and the Governor concur with the special trustee that the district has, for two consecutive academic years, met the requirements of the comprehensive assessment conducted, and the recovery plan prepared, pursuant to Section 41329.59. -(b) A suspension authorized by this section becomes effective immediately upon the delivery of a document to the administrative offices of the Compton Community College District that sets forth the finding of the chancellor that a suspension pursuant to this section is necessary for the establishment of fiscal integrity and security in that district. -(c) (1) If and when the chancellor suspends the authority of the Board of Trustees of the Compton Community College District or any of its members pursuant to this section, the chancellor may appoint a special trustee as provided in paragraph (3) of subdivision (c) of Section 84040, at district expense, to manage the district. The chancellor is authorized to assume, and delegate to the special trustee, those powers and duties of the Board of Trustees of the Compton Community College District that the chancellor determines, with the approval of the board of governors, are necessary for the management of that district. The Board of Trustees of the Compton Community College District may not exercise any of the duties or powers assumed by the chancellor under this section. -(2) The chancellor may appoint as a special trustee under this section a person who has served in a similar capacity prior to the enactment of the act that adds this section. A special trustee appointed under this section shall serve at the pleasure of the chancellor. -(3) Notwithstanding any other provision of law, in order to facilitate the appointment of the special trustee, the chancellor is exempt, for the purposes of this section, from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. -(d) Notwithstanding any other provision of law, at any time that this section is in effect, the chancellor is authorized to assume, and delegate to the special trustee, those powers and duties of the Compton Community College District Personnel Commission that the chancellor determines are necessary for the management of the personnel functions of the Compton Community College District. The personnel commission may not exercise any of the powers or duties assumed by the chancellor. -(e) Notwithstanding any other provision of law, if the special trustee has been a member of the State Teachers’ Retirement System or the Public Employees’ Retirement System at any time prior to appointment, he or she shall, for the period of service as special trustee, be a member of the system to which he or she belonged, unless the special trustee elects, in writing, not to be a member. If the special trustee chooses to be a member, the special trustee shall be placed on the payroll of the district, or the payroll of another local education agency or other entity with which the district has an exchange agreement pursuant to Section 87422 or other applicable provisions of law, for the purpose of providing appropriate contributions to the applicable retirement system. -(f) The special trustee appointed pursuant to this section is authorized to do all of the following: -(1) Implement substantial changes in the fiscal policies and practices of the Compton Community College District. -(2) Revise the academic program of the Compton Community College District to reflect realistic income projections in response to the dramatic effect of the changes in fiscal policies and practices upon program quality. -(3) Encourage all members of the college community to accept a fair share of the burden of the full recovery of the Compton Community College District in the five operational areas of finance, academics, personnel facilities, and governance. -(4) Enter into agreements on behalf of the Compton Community College District and, subject to any contractual and statutory obligation of the Compton Community College District, change any existing district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plan. Any agreement authorized by this section shall be binding upon the district for the term of the agreement, notwithstanding the removal of the special trustee for any reason or the reinstatement of any powers or responsibilities of the board of trustees. No agreement authorized by this paragraph shall materially impair the security and other interests of the holders of any bonds issued pursuant to Article 9 (commencing with Section 63049.67) of Chapter 2 of Division 1 of Title 6.7 of the Government Code. -(5) Appoint an advisory committee to advise the special trustee with respect to the management of the Compton Community College District and the establishment and implementation of the arrangements for provision of services by a partner district pursuant to Article 5 (commencing with Section 74292) of Chapter 5 of Part 46. This advisory committee may include residents of the communities served by the Compton Community College District, and any outside experts deemed appropriate by the special trustee. No member of the advisory committee shall receive any compensation or benefits for his or her services as a member of the advisory committee. -(g) In the event of a vacancy in the special trustee position, the chancellor shall temporarily assume all of the powers and duties of the special trustee until another special trustee can be appointed pursuant to this section. -(h) The -special trustee -chancellor -shall report to the Legislature concerning the priorities identified in each Fiscal Crisis and Management Assistance Team report -conducted pursuant to Section 41329.59 -and shall provide a response on how the -special trustee -chancellor -intends to resolve the issues identified in the Fiscal Crisis and Management Assistance Team report in a timely -manner, not to exceed 150 days from receipt of the report. -manner. The report shall be submitted to the Legislature within 150 days following the issuance of each Fiscal Crisis and Management Assistance Team report. -In any instance that there is a decline in performance, the -special trustee -chancellor -shall specifically identify strategies for ensuring progress in its response to that report. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law requires the board of governors to appoint a chief executive officer, known as the Chancellor of the California Community Colleges. Existing law provides for the establishment of community college districts throughout the state, including the Compton Community College District. Existing law authorizes these districts to provide instruction to students at the campuses operated by these districts. -Existing law authorizes the board of governors to suspend the authority of the Board of Trustees of the Compton Community College District for a period lasting until June 30, 2011, plus a period lasting until the chancellor, the Fiscal Crisis and Management Assistance Team, the Director of Finance, and the Secretary for Education concur with the special trustee that the district, for 2 consecutive academic years, has met the requirements of the comprehensive assessment conducted, and the recovery plan prepared, pursuant to existing law. Existing law, in the event of a suspension, authorizes the chancellor to appoint a special trustee to manage the district, as specified. -This bill would require the -special trustee -chancellor -to report to the Legislature concerning the priorities identified in each Fiscal Crisis and Management Assistance Team report and to provide a response on how the -special trustee -chancellor -intends to resolve the issues identified in the Fiscal Crisis and Management Assistance Team report in a timely -manner, not to exceed 150 days from receipt of the report. -manner. The bill would require the chancellor to submit the report to the Legislature within 150 days following the issuance of each Fiscal Crisis and Management Assistance Team report. -In any instance that there is a decline in performance identified in a report, the -special trustee -chancellor -would be required to also specifically identify strategies for ensuring progress in its response to that report. -By imposing additional duties on a community college district, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 71093 of the Education Code, relating to postsecondary education." -691,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares the following: -(a) A request for reasonable accommodation based on religion or disability constitutes protected activity under Section 12940 of the Government Code, such that when a person makes such a request, he or she is protected against retaliation for making the request. -(b) The Legislature recognizes that federal law affords similar protection to a person making such a request, as articulated by the Equal Employment Opportunity Commission in its interpretative guidance of the Americans with Disabilities Act of 1990 (Public Law 101-336) and Title VII of the Civil Rights Act of 1964 (Public Law 88-352, as amended). The Legislature affirms that the federal acts provide a floor of protection and that this state’s law has always exceeded in the protections afforded. -(c) The law of this state contains similar protections for a person making a request for reasonable accommodation under the Pregnancy Disability Leave Law (Section 12945 of the Government Code) and the California Family Rights Act (Sections 12945.2 and 19702.3 of the Government Code). It is the intent of the Legislature for the protections afforded a person making a request for accommodation on the basis of religion or disability to be consistent with the provisions of the Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code). -(d) Notwithstanding any interpretation of this issue in Rope v. Auto-Chlor Sys. of Washington, Inc., (2013) 220 Cal. App. 4th 635, the Legislature intends (1) to make clear that a request for reasonable accommodation on the basis of religion or disability is a protected activity, and (2) by enacting paragraph (2) of subdivision (m) and paragraph (4) of subdivision (l) of Section 12940, to provide protection against retaliation when an individual makes a request for reasonable accommodation under these sections, regardless of whether the request was granted. With the exception of its holding on this issue, Rope v. Auto-Chlor Sys. of Washington, Inc., (2013) 220 Cal. App. 4th 635 remains good law. -SEC. 2. -Section 12940 of the Government Code is amended to read: -12940. -It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: -(a) For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment. -(1) This part does not prohibit an employer from refusing to hire or discharging an employee with a physical or mental disability, or subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee with a physical or mental disability, where the employee, because of his or her physical or mental disability, is unable to perform his or her essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger his or her health or safety or the health or safety of others even with reasonable accommodations. -(2) This part does not prohibit an employer from refusing to hire or discharging an employee who, because of the employee’s medical condition, is unable to perform his or her essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employee’s health or safety or the health or safety of others even with reasonable accommodations. Nothing in this part shall subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee who, because of the employee’s medical condition, is unable to perform his or her essential duties, or cannot perform those duties in a manner that would not endanger the employee’s health or safety or the health or safety of others even with reasonable accommodations. -(3) Nothing in this part relating to discrimination on account of marital status shall do either of the following: -(A) Affect the right of an employer to reasonably regulate, for reasons of supervision, safety, security, or morale, the working of spouses in the same department, division, or facility, consistent with the rules and regulations adopted by the commission. -(B) Prohibit bona fide health plans from providing additional or greater benefits to employees with dependents than to those employees without or with fewer dependents. -(4) Nothing in this part relating to discrimination on account of sex shall affect the right of an employer to use veteran status as a factor in employee selection or to give special consideration to Vietnam-era veterans. -(5) (A) This part does not prohibit an employer from refusing to employ an individual because of his or her age if the law compels or provides for that refusal. Promotions within the existing staff, hiring or promotion on the basis of experience and training, rehiring on the basis of seniority and prior service with the employer, or hiring under an established recruiting program from high schools, colleges, universities, or trade schools do not, in and of themselves, constitute unlawful employment practices. -(B) The provisions of this part relating to discrimination on the basis of age do not prohibit an employer from providing health benefits or health care reimbursement plans to retired persons that are altered, reduced, or eliminated when the person becomes eligible for Medicare health benefits. This subparagraph applies to all retiree health benefit plans and contractual provisions or practices concerning retiree health benefits and health care reimbursement plans in effect on or after January 1, 2011. -(b) For a labor organization, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to exclude, expel, or restrict from its membership the person, or to provide only second-class or segregated membership or to discriminate against any person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of the person in the election of officers of the labor organization or in the selection of the labor organization’s staff or to discriminate in any way against any of its members or against any employer or against any person employed by an employer. -(c) For any person to discriminate against any person in the selection, termination, training, or other terms or treatment of that person in any apprenticeship training program, any other training program leading to employment, an unpaid internship, or another limited duration program to provide unpaid work experience for that person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of the person discriminated against. -(d) For any employer or employment agency to print or circulate or cause to be printed or circulated any publication, or to make any nonjob-related inquiry of an employee or applicant, either verbal or through use of an application form, that expresses, directly or indirectly, any limitation, specification, or discrimination as to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, or any intent to make any such limitation, specification, or discrimination. This part does not prohibit an employer or employment agency from inquiring into the age of an applicant, or from specifying age limitations, where the law compels or provides for that action. -(e) (1) Except as provided in paragraph (2) or (3), for any employer or employment agency to require any medical or psychological examination of an applicant, to make any medical or psychological inquiry of an applicant, to make any inquiry whether an applicant has a mental disability or physical disability or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition. -(2) Notwithstanding paragraph (1), an employer or employment agency may inquire into the ability of an applicant to perform job-related functions and may respond to an applicant’s request for reasonable accommodation. -(3) Notwithstanding paragraph (1), an employer or employment agency may require a medical or psychological examination or make a medical or psychological inquiry of a job applicant after an employment offer has been made but prior to the commencement of employment duties, provided that the examination or inquiry is job related and consistent with business necessity and that all entering employees in the same job classification are subject to the same examination or inquiry. -(f) (1) Except as provided in paragraph (2), for any employer or employment agency to require any medical or psychological examination of an employee, to make any medical or psychological inquiry of an employee, to make any inquiry whether an employee has a mental disability, physical disability, or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition. -(2) Notwithstanding paragraph (1), an employer or employment agency may require any examinations or inquiries that it can show to be job related and consistent with business necessity. An employer or employment agency may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that worksite. -(g) For any employer, labor organization, or employment agency to harass, discharge, expel, or otherwise discriminate against any person because the person has made a report pursuant to Section 11161.8 of the Penal Code that prohibits retaliation against hospital employees who report suspected patient abuse by health facilities or community care facilities. -(h) For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part. -(i) For any person to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this part, or to attempt to do so. -(j) (1) For an employer, labor organization, employment agency, apprenticeship training program or any training program leading to employment, or any other person, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract. Harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. An employer may also be responsible for the acts of nonemployees, with respect to sexual harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, where the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employer’s control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment. -(2) The provisions of this subdivision are declaratory of existing law, except for the new duties imposed on employers with regard to harassment. -(3) An employee of an entity subject to this subdivision is personally liable for any harassment prohibited by this section that is perpetrated by the employee, regardless of whether the employer or covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective action. -(4) (A) For purposes of this subdivision only, “employer” means any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities. The definition of “employer” in subdivision (d) of Section 12926 applies to all provisions of this section other than this subdivision. -(B) Notwithstanding subparagraph (A), for purposes of this subdivision, “employer” does not include a religious association or corporation not organized for private profit, except as provided in Section 12926.2. -(C) For purposes of this subdivision, “harassment” because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Sexually harassing conduct need not be motivated by sexual desire. -(5) For purposes of this subdivision, “a person providing services pursuant to a contract” means a person who meets all of the following criteria: -(A) The person has the right to control the performance of the contract for services and discretion as to the manner of performance. -(B) The person is customarily engaged in an independently established business. -(C) The person has control over the time and place the work is performed, supplies the tools and instruments used in the work, and performs work that requires a particular skill not ordinarily used in the course of the employer’s work. -(k) For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring. -(l) (1) For an employer or other entity covered by this part to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment or to bar or to discharge a person from employment or from a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of a conflict between the person’s religious belief or observance and any employment requirement, unless the employer or other entity covered by this part demonstrates that it has explored any available reasonable alternative means of accommodating the religious belief or observance, including the possibilities of excusing the person from those duties that conflict with his or her religious belief or observance or permitting those duties to be performed at another time or by another person, but is unable to reasonably accommodate the religious belief or observance without undue hardship, as defined in subdivision (u) of Section 12926, on the conduct of the business of the employer or other entity covered by this part. Religious belief or observance, as used in this section, includes, but is not limited to, observance of a Sabbath or other religious holy day or days, reasonable time necessary for travel prior and subsequent to a religious observance, and religious dress practice and religious grooming practice as described in subdivision (q) of Section 12926. This subdivision shall also apply to an apprenticeship training program, an unpaid internship, and any other program to provide unpaid experience for a person in the workplace or industry. -(2) An accommodation of an individual’s religious dress practice or religious grooming practice is not reasonable if the accommodation requires segregation of the individual from other employees or the public. -(3) An accommodation is not required under this subdivision if it would result in a violation of this part or any other law prohibiting discrimination or protecting civil rights, including subdivision (b) of Section 51 of the Civil Code and Section 11135 of this code. -(4) For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted. -(m) (1) For an employer or other entity covered by this part to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee. Nothing in this subdivision or in paragraph (1) or (2) of subdivision (a) shall be construed to require an accommodation that is demonstrated by the employer or other covered entity to produce undue hardship, as defined in subdivision (u) of Section 12926, to its operation. -(2) For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted. -(n) For an employer or other entity covered by this part to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition. -(o) For an employer or other entity covered by this part, to subject, directly or indirectly, any employee, applicant, or other person to a test for the presence of a genetic characteristic. -(p) Nothing in this section shall be interpreted as preventing the ability of employers to identify members of the military or veterans for purposes of awarding a veteran’s preference as permitted by law.","Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. -Existing law requires an employer or other entity covered by the act to provide reasonable accommodation of, among other things, a person’s disability and religious beliefs and prohibits discrimination against any person because the person has opposed any practices forbidden under the act or because the person has filed a complaint. -This bill would, in addition, prohibit an employer or other covered entity from retaliating or otherwise discriminating against a person for requesting accommodation of his or her disability or religious beliefs, regardless of whether the accommodation request was granted. The bill would make related findings and declarations.","An act to amend Section 12940 of the Government Code, relating to employment." -692,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) Park access, outdoor education, and outdoor recreational experiences are important to the health and well-being of all California citizens as well as the continuing stewardship of our natural resources. Many California communities, however, lack equitable access to parks and other open-space areas. This lack of access to the outdoors contributes to higher incidences of certain health ailments, such as diabetes, hypertension, -obesity, -and nature deficit disorder, and other negative social indicators, especially in low-income communities. -(2) According to the recent Parks Forward Commission report, -released in February 2015, -improving access to parks, outdoor experiences, and recreational opportunities, particularly for youth and young adults in disadvantaged communities, will lead to more healthy lifestyles, better educational outcomes, and improvements to the overall well-being of -California citizens, -California’s citizens -and -communities, -and -as well as -our natural environment. -(3) -The Legislature enacted -Chapter 663 of the Statutes of -2003, which -2003 -established the Outdoor Environmental Education Program and required a study on the benefits of outdoor environmental education for at-risk youth and underserved demographic groups. The study found that the science test scores of children who participated in the program were raised by 27 percent, and that these children also had improved conflict resolution and problem solving skills, better self-esteem, and were more motivated to learn. The program ended on July 1, 2005. -(4) -The Legislature enacted -Resolution Chapter 101 of the Statutes of -2006, which -2006 -recognized the importance of local recreational and park agencies in the effort to reverse negative trends in inactivity, obesity, diabetes, and other health problems among Californians and encouraged the state to use, and partner with, local recreation and park providers to create a healthier state. -(b) It is the intent of the Legislature to expand access to parks and other outdoor educational and recreational opportunities in underserved areas by, among other things, convening and developing strategic partnerships to facilitate, promote, and enhance access to parks, as well as outdoor educational and recreational experiences in underserved communities. -SEC. 2. -Chapter 14 (commencing with Section 5880) is added to Division 5 of the Public Resources Code, to read: -CHAPTER 14. Outdoor Environmental Education and Recreation Grants Program -5880. -(a) On or before March 30, 2016, the -department -director -shall establish an Outdoor Environmental Education and Recreation Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor recreation and educational experiences by awarding grants to public organizations, -including local governments and local education agencies, -nonprofit organizations, or both. -(b) In developing the -grant -program, the director shall do both of the following: -(1) Develop -criteria and procedures -criteria, procedures, and accountability measures -as may be necessary to implement the grant program. -(2) Administer the -grant -program to ensure that priority is given to underserved populations, including both urban and rural areas and low-income communities where participation in -an -outdoor environmental education and recreation -program -programs -has been limited. -(c) The director may develop an advisory task force -composed -comprised -of public, private, nonprofit, academic, and other entities and individuals to assist in the development of the -grant -program, including representatives of the California Environmental Education Interagency Network. -(d) The director shall give priority for funding to -an -outdoor environmental education and recreation -program -programs -that primarily -serves -provide outreach to and serve -students who are eligible for free or reduced-price meals, foster youth, or pupils of limited English proficiency, as defined in Section 42238.01 of the Education Code, and -has at least -have -one -or more -of the following attributes: -(1) -Demonstrates -Demonstrate -partnerships between public, private, and nonprofit entities. -(2) -Contributes -Contribute -to healthy lifestyles, sound nutritional habits, and improved outdoor educational and recreational experiences. -(3) -Maximizes -Maximize -the number of participants that can be served. -(4) -Commits -Commit -in-kind resources. -(5) -Has -Have -a curriculum that is aligned to the science content standards for California public schools adopted by the State Board of Education. -(6) -Fosters -Foster -stewardship of the environment and -includes, -include -when available, curriculum established pursuant to Part 4 (commencing with Section 71300) of Division 34. -(7) -Integrates -Integrate -instruction in science, technology, engineering, and mathematics. -(8) -Includes -Include -service learning and community outreach components for purposes of building partnerships between participants and local communities. -(e) Reverted and unencumbered funds from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 may be appropriated by the Legislature for the purpose of this chapter, if consistent with the requirements of the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. To the extent that grants may be awarded from those funds, they shall be awarded only to programs that meet all of the criteria specified in Section 5095.4. -(f) The director may also accept private donations made for the support of the program. The director may solicit and accept private funding to help -supplement -offset -the costs of the program. These funding sources may include, but are not limited to, foundations, corporate funding, crowdfunding resources, donation drives, or any other funding sources that may be available. -(g) All moneys received pursuant to subdivisions (e) and (f) for the purpose of this program shall be deposited in the California Youth Outdoor Education Account, which is hereby created within the State Park and Recreation Fund. Notwithstanding Section 13340 of the Government Code, moneys in the California Youth Outdoor Education Account shall be continuously appropriated to the department for the purposes of this chapter. -(h) (1) The department shall gather information from applicants each award year for purposes of evaluating the effectiveness of outdoor environmental education and recreation programs in achieving the objectives of the grant program. The department shall annually summarize and report this information for the previous award year, commencing on or before September 1, 2017, to the appropriate budget and fiscal committees of the Legislature. The information in the annual report shall include the total number of children served, the total number and types of entities that received grant awards, appropriate recommendations to improve the grant program, partnerships formed, educational objectives achieved, the total number of applications received, and the total number of children who would have been served had all applicants for the award year received grant awards. -(2) A report pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. -SEC. 3. -Section 5095.4 of the Public Resources Code is amended to read: -5095.4. -(a) The director, in consultation with the State Department of Education, shall develop a competitive grant program to assist state parks, state conservancies in existence as of January 1, 2003, urbanized and heavily urbanized local agencies, and community-based organizations within those jurisdictions, working in collaboration, to provide outdoor educational opportunities to children. -(1) Applicant entities shall provide a 25-percent matching contribution in community resources. The matching contributions may be in the form of money, including funds from other state or local assistance programs, gifts of real property, equipment, and consumable supplies, volunteer services, free or reduced-cost use of land, facilities, or equipment, and bequests and income from wills, estates, and trusts. The department may establish findings for hardships to waive the matching requirement when an applicant cannot meet the requirement. -(2) The department may give additional consideration to applicant entities collaborating with other entities, including, but not limited to, school districts, faith-based groups, and others providing outreach programs to identify and attract urbanized youth most in need of organized, constructive recreational activities. -(b) The department shall make one-third of any funds appropriated for the purposes of this chapter available to give special priority to providing increased access for elementary schoolage children in grades 2 to 8, inclusive, to conservancy or state, community, and regional park properties, including public properties within the coastal zone, and, in addition, shall give priority, in awarding a grant pursuant to this section, to all of the following: -(1) Programs that use curriculum tied to the science content standards and science framework adopted by the State Board of Education. -(2) Applicants that serve children with family incomes below the statewide average, based on the most recent figures computed and established by the Department of Finance. -(3) Applicants that provide access to children who are underserved or lack access to parks or other outdoor venues suitable to conduct appropriate environmental education instruction. -(4) Applicants that have developed working collaboratives to develop environmental education partnerships. -(5) Applicants working in collaboration with local educational agencies to identify those children lacking adequate opportunities to access outdoor environmental education curriculum or innovative or alternative recreation programming. -(c) The amount of a grant awarded pursuant to this section may not be less than twenty thousand dollars ($20,000) or more than two hundred thousand dollars ($200,000). A grant may be expended for any of the following purposes: -(1) Staffing that is directly associated with the programming. -(2) Staff training or development directly associated with the programming. -(3) Costs associated with transporting youth between a community or school and the proposed environmental education venue. -(4) Medical insurance for the participants, only if the insurance is a requirement pursuant to the activity. -(5) Operational costs, such as the rental equipment, food, and supplies. -(6) Applicants that can demonstrate that the administrative costs associated with this activity will not exceed more than 7.5 percent of the amount of the grant. -(d) The department may gather information from the applicants as to the effectiveness of these programs in meeting program objectives. The department shall summarize this information and report to the appropriate budget and fiscal committees of both houses of the Legislature as to the number of children served, the educational objectives met, and the level of demand. -(e) Applicant agencies may enter into contracts with other public agencies or entities to provide unique interpretive skills or to present authentic, curriculum-based programs in units of conservancy properties or state, community, or regional park systems for services not otherwise provided. The purpose of this subdivision is to authorize the applicants to provide programming services, equipment, and materials that assist in the curriculum program or provide educational activities that assist in the presentation of cultural traditions.","Existing law authorizes the expenditure of state funds for local assistance grants to cities, counties, and districts for the acquisition and development of various park and recreational areas and facilities. Existing law, the State Urban Parks and Healthy Communities Act, requires the Director of Parks and Recreation, in consultation with the State Department of Education, to develop a competitive grant program to assist state parks, state conservancies in existence as of January 1, 2003, urbanized and heavily urbanized local agencies, and community-based organizations within those jurisdictions, to provide outdoor educational opportunities to children. -This bill would require the Department of Parks and Recreation to establish, on or before March 30, 2016, an Outdoor Environmental Education and Recreation Grants Program with the purpose of increasing the ability of underserved and at-risk populations to participate in outdoor recreation and educational experiences by awarding grants to public organizations, nonprofit organizations, or both. The bill would require the director to develop -criteria -criteria, procedures, and accountability measures -as may be necessary to implement the program and to administer the program to ensure that priority is given to underserved populations, as specified. The bill would authorize the director to develop an advisory task force to assist in the development of the program and would require the director to give priority funding to outdoor environmental education and recreation programs that have specified attributes. -This bill would authorize the director to accept private donations made for the support of the program and would authorize the director to solicit and accept private funding -sources -to help -supplement -offset -the costs of the program. The bill would provide that, to the extent specified bond funds are available for grants under the program, those funds shall be awarded to programs that meet the criteria of the State Urban Parks and Healthy Communities Act. The bill would require that all moneys received for the purposes of the program be deposited into the California Youth Outdoor Education Account, which would be created by the bill and would be continuously appropriated for purposes of the program, thereby making an appropriation. -This bill would require the department to gather specified information from applicants each award year and to annually report this information, commencing on or before September 1, 2017, to the appropriate budget and fiscal committees of the Legislature.","An act to amend Section 5095.4 of, and to add Chapter 14 (commencing with Section 5880) to Division 5 of, the Public Resources Code, relating to parks, and making an appropriation therefor." -693,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 786 of the Welfare and Institutions Code is amended to read: -786. -(a) If the minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation served after a finding that the minor was a ward pursuant to Section 602 for any offense not listed in subdivision (b) of Section 707, the court shall order the petition dismissed, and the arrest shall be deemed not to have occurred. -(b) (1) The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court. -(2) The prosecuting attorney and the probation department of any county shall have access to the records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment pursuant to Section 790 or ineligible for informal supervision pursuant to Section 654.3. -(3) If a new petition has been filed against the minor for a felony offense, the probation department of any county shall have access to the records for the limited purpose of identifying the minor’s previous court-ordered programs or placements, and in that event solely to determine the individual’s eligibility or suitability for remedial programs or services. The information obtained pursuant to this paragraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor. -(4) The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. -(5) The probation department of any county may access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance. -(6) (A) Notwithstanding any other law, a record sealed pursuant to Section 781 and this section may be accessed by a law enforcement agency, probation department, court, or other local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other law subject to subparagraph (B). -(B) Personally identifying information from a sealed record accessed under this paragraph shall not be released, disseminated, or published by or through a law enforcement agency, probation department, court, or other local agency. -(c) The access authorizations described in subdivision (b) shall not be deemed an unsealing of the record and shall not require notice to any other entity. -(d) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution obtained pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, a restitution fine, or court-ordered fines and fees or any combination thereof, because the minor’s records are sealed. -(2) A victim or local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order. -(e) This section does not prohibit the Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute. -SEC. 1.5. -Section 786 of the Welfare and Institutions Code is amended to read: -786. -(a) If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the court’s order that was received. The court shall also provide notice to the minor and minor’s counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minor’s right to nondisclosure of the arrest and proceedings, as specified in subdivision (b). -(b) Upon the court’s order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. -(c) (1) For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section. -(2) An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section. -(d) A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707. -(e) (1) The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section. -(2) An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual. -(f) (1) A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances: -(A) By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3. -(B) By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. -(C) If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minor’s previous court-ordered programs or placements, and in that event solely to determine the individual’s eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor. -(D) Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing record in the prior case. -(E) Upon the prosecuting attorney’s motion, made in accordance with Section 707, to initiate court proceedings to determine the minor’s fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minor’s fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. -(F) By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records. -(G) The probation department of any county may access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance. -(2) Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency. -(g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. -(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order. -(h) This section does not prohibit the Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute. -(i) The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts. -SEC. 2. -Section 1.5 of this bill incorporates amendments to Section 786 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 666. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 786 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 666, in which case Section 1 of this bill shall not become operative.","Existing law subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records in the custody of the juvenile court pertaining to that dismissed petition, except that the prosecuting attorney and the probation department of any county may have access to the records for the limited purpose of determining whether the minor is eligible for deferred entry of judgment. -This bill would additionally authorize the prosecuting attorney and the probation department to have access to the records for the limited purpose of determining a minor’s eligibility for informal supervision and would authorize the probation department of any county to have access to the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance. The bill would also authorize the probation department to access the records for the limited purpose of identifying the minor’s previous court-ordered programs or placements, as specified. The bill would also authorize a law enforcement agency, probation department, court, or other local agency that has custody of the sealed record to access the record, as specified. -This bill would incorporate changes to Section 786 of the Welfare and Institutions Code proposed by both this bill and AB 666, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.","An act to amend Section 786 of the Welfare and Institutions Code, relating to juveniles." -694,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 84506.5 of the Government Code is amended to read: -84506.5. -(a) An advertisement supporting or opposing a candidate that is paid for by an independent expenditure must include the following statement: This advertisement was not authorized or paid for by a candidate for this office or a committee controlled by a candidate for this office. -(b) In addition to the requirements of Section 84507, a mailed advertisement subject to this section shall also comply with each of the following: -(1) The disclosure statement in subdivision (a) shall be located within one quarter of an inch of the recipient’s name and address as printed on the advertisement. -(2) The text of the disclosure statement shall be contained in a box with an outline that has a line weight of at least 3.25 pt. The background color of the box shall be in a contrasting color to the background of the advertisement. The outline of the box shall be in a contrasting color to both the background color of the advertisement and the background color of the box. The color of the text shall be in a contrasting color to the background color of the box. -SEC. 2. -Section 84507 of the Government Code is amended to read: -84507. -Any disclosure statement required by this article shall be printed clearly and legibly in no less than 14-point, bold, sans serif type font and in a conspicuous manner as defined by the commission or, if the communication is broadcast, the information shall be spoken so as to be clearly audible and understood by the intended public and otherwise appropriately conveyed for the hearing impaired. -SEC. 3. -Section 84511 of the Government Code is amended to read: -84511. -(a) This section applies to a committee that does either of the following: -(1) Makes an expenditure of five thousand dollars ($5,000) or more to an individual for his or her appearance in an advertisement that supports or opposes the qualification, passage, or defeat of a ballot measure. -(2) Makes an expenditure of any amount to an individual for his or her appearance in an advertisement that supports or opposes the qualification, passage, or defeat of a ballot measure and that states or suggests that the individual is a member of an occupation that requires licensure, certification, or other specialized, documented training as a prerequisite to engage in that occupation. -(b) A committee described in subdivision (a) shall file, within 10 days of the expenditure, a report that includes all of the following: -(1) An identification of the measure that is the subject of the advertisement. -(2) The date of the expenditure. -(3) The amount of the expenditure. -(4) The name of the recipient of the expenditure. -(5) For a committee described in paragraph (2) of subdivision (a), the occupation of the recipient of the expenditure. -(c) An advertisement paid for by a committee described in paragraph (1) of subdivision (a) shall include a disclosure statement stating “(spokesperson’s name) is being paid by this campaign or its donors” in highly visible font shown continuously if the advertisement consists of printed or televised material, or spoken in a clearly audible format if the advertisement is a radio broadcast or telephonic message. -(d) (1) An advertisement paid for by a committee described in paragraph (2) of subdivision (a) shall include a disclosure statement stating “Persons portraying members of an occupation in this advertisement are compensated spokespersons not necessarily employed in those occupations” in highly visible font shown continuously if the advertisement consists of printed or televised material, or spoken in a clearly audible format if the advertisement is a radio broadcast or telephonic message. -(2) A committee may omit the disclosure statement required by this subdivision if all of the following are satisfied with respect to each individual identified in the report filed pursuant to subdivision (b) for that advertisement: -(A) The occupation identified in the report is substantially similar to the occupation portrayed in the advertisement. -(B) The committee maintains credible documentation of the appropriate license, certification, or other training as evidence that the individual may engage in the occupation identified in the report and portrayed in the advertisement and makes that documentation immediately available to the Commission upon request. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 5. -The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. -SEC. 6. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to protect the interests of Californians who are empowered with the right to vote, it is appropriate that they be duly informed and that their constitutional right to instruct their representatives be protected. This purpose is best served by an informed electorate. The need for greater transparency of advertisement disclosures is vital to the interests of the State such that this act must take effect immediately.","Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. The act additionally imposes various disclosure statement requirements with respect to advertisements supporting or opposing a candidate or ballot measure, including a requirement that the disclosure statements be printed clearly and legibly in no less than 10-point type and in a conspicuous manner, as specified. The act also requires that an advertisement supporting or opposing a candidate that is paid for by an independent expenditure include a statement that it was not authorized by a candidate or a committee controlled by a candidate. -This bill would require that disclosure statements be printed in no less than 14-point bold, sans serif type font. The bill would require that an advertisement supporting or opposing a candidate that is paid for by an independent expenditure include a disclosure statement with specific content and, if the advertisement is mailed, would require that the disclosure statement be located within a quarter of an inch of the recipient’s name and address and be contained within a box that meets prescribed criteria. -The act also requires certain ballot measure advertisements to include a specified disclosure statement if it is paid for by a committee that pays an individual for his or her appearance in the advertisement, as specified. -This bill would repeal a requirement that the disclosure statement appear in roman font. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a -2/3 -vote of each house and compliance with specified procedural requirements. -This bill would declare that it furthers the purposes of the act. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 84506.5, 84507, and 84511 of the Government Code, relating to the Political Reform Act of 1974, and declaring the urgency thereof, to take effect immediately." -695,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 34501.12 of the Vehicle Code is amended to read: -34501.12. -(a) Vehicles and the operation thereof, subject to this section, are those described in subdivision (a), (b), (e), (f), (g), (j), or (k) of Section 34500. -(b) It is unlawful for a motor carrier to operate any vehicle of a type described in subdivision (a) without identifying to the department all terminals, as defined in Section 34515, in this state where vehicles may be inspected by the department pursuant to paragraph (4) of subdivision (a) of Section 34501 and where vehicle inspection and maintenance records and driver records will be made available for inspection. Motor carriers shall make vehicles and records available for inspection upon request by an authorized representative of the department. If a motor carrier fails to provide vehicles and records, an unsatisfactory terminal rating shall be issued by the department. -(1) The number of vehicles that will be selected for inspection by the department at a terminal shall be based on terminal fleet size and applied separately to a terminal fleet of power units and trailers, according to the following schedule: -Fleet Size -Representative -Sample -1 or 2 -All -3 to 8 -3 -9 to 15 -4 -16 to 25 -6 -26 to 50 -9 -51 to 90 -14 -91 or more -20 -(2) The lessor of any vehicle described in subdivision (a) shall make vehicles available for inspection upon request of an authorized representative of the department in the course of inspecting the terminal of the lessee. This section does not affect whether the lessor or driver provided by the lessor is an employee of the authorized carrier lessee, and compliance with this section and its attendant administrative requirements does not imply an employee-employer relationship. -(c) (1) The department may inspect any terminal, as defined in Section 34515, of a motor carrier who, at any time, operates any vehicle described in subdivision (a). -(2) The department shall adopt rules and regulations establishing a performance-based truck terminal inspection selection priority system. In adopting the system’s rules and regulations, the department shall incorporate methodologies consistent with those used by the Federal Motor Carrier Safety Administration, including those related to the quantitative analysis of safety-related motor carrier performance data, collected during the course of inspection or enforcement contact by authorized representatives of the department or any authorized federal, state, or local safety official, in categories, including, but not limited to, driver fatigue, driver fitness, vehicle maintenance, and controlled substances and alcohol use. The department shall also incorporate other safety-related motor carrier performance data in this system, including citations and accident information. The department shall create a database to include all performance-based data specified in this section that shall be updated in a manner to provide real-time information to the department on motor carrier performance. The department shall prioritize for selection those motor carrier terminals never previously inspected by the department, those identified by the inspection priority selection system, and those terminals operating vehicles listed in subdivision (g) of Section 34500. The department is not required to inspect a terminal subject to inspection pursuant to this section more often than once every six years, if a terminal receives a satisfactory compliance rating as the result of a terminal inspection conducted by the department pursuant to this section or Section 34501, or if the department has not received notification by the system of a motor carrier operating while exceeding the threshold of the inspection selection priority system. Any motor carrier that is inspected and receives less than a satisfactory compliance rating, or that falls below the threshold of the selection priority system, shall be subject to periodic inquiries and inspections as outlined in subdivision (f), and these inquiries and inspections shall be based on the severity of the violations. -(3) As used in this section and Section 34505.6, subdivision (f) of Section 34500 includes only those combinations where the gross vehicle weight rating of the towing vehicle exceeds 10,000 pounds, but does not include a pickup truck or any combination never operated in commercial use, and subdivision (g) of Section 34500 includes only those vehicles transporting hazardous material for which the display of placards is required pursuant to Section 27903, a license is required pursuant to Section 32000.5, or for which hazardous waste transporter registration is required pursuant to Section 25163 of the Health and Safety Code. Notwithstanding Section 5014.1, vehicles that display special identification plates in accordance with Section 5011, historical vehicles, as described in Section 5004, implements of husbandry and farm vehicles, as defined in Chapter 1 (commencing with Section 36000) of Division 16 with the exception of vehicles operating in the pilot program established pursuant to Section 36103, and vehicles owned or operated by an agency of the federal government are not subject to this section or Section 34505.6. -(d) It is unlawful for a motor carrier to operate, or cause to be operated, any vehicle that is subject to this section, Section 34520, or Division 14.85 (commencing with Section 34600), unless the motor carrier is knowledgeable of, and in compliance with, all applicable statutes and regulations. -(e) It is unlawful for a motor carrier to contract or subcontract with, or otherwise engage the services of, another motor carrier, subject to this section, unless the contracted motor carrier has complied with subdivision (d). A motor carrier shall not contract or subcontract with, or otherwise engage the services of, another motor carrier until the contracted motor carrier provides certification of compliance with subdivision (d). This certification shall be completed in writing by the contracted motor carrier in a manner prescribed by the department. The certification, or a copy of the certification, shall be maintained by each involved party for the duration of the contract or the period of service plus two years, and shall be presented for inspection immediately upon the request of an authorized employee of the department. The certifications required by this subdivision and subdivision (b) of 34620 may be combined. -(f) (1) An inspected terminal that receives an unsatisfactory compliance rating shall be reinspected by the department within 120 days after the issuance of the unsatisfactory compliance rating. -(2) If a motor carrier’s Motor Carrier of Property Permit or Public Utilities Commission operating authority is suspended as a result of an unsatisfactory compliance rating, the department shall not conduct a reinspection for permit or authority reinstatement until requested to do so by the Department of Motor Vehicles or the Public Utilities Commission, as appropriate. -(g) A motor carrier issued an unsatisfactory terminal rating may request a review of the rating within five business days of receipt of the notification of the rating. The department shall conduct and evaluate the review within 10 business days of the request. -(h) The department shall publish performance-based inspection completion data and make the data available for public review. -(i) This section shall be known, and may be cited, as the Basic Inspection of Terminals program or BIT program. -SEC. 1.5. -Section 34501.12 of the Vehicle Code is amended to read: -34501.12. -(a) Vehicles and the operation thereof, subject to this section, are those described in subdivision (a), (b), (e), (f), (g), (j), or (k) of Section 34500, except an agricultural vehicle as defined in Section 34500.6. -(b) It is unlawful for a motor carrier to operate any vehicle of a type described in subdivision (a) without identifying to the department all terminals, as defined in Section 34515, in this state where vehicles may be inspected by the department pursuant to paragraph (4) of subdivision (a) of Section 34501 and where vehicle inspection and maintenance records and driver records will be made available for inspection. Motor carriers shall make vehicles and records available for inspection upon request by an authorized representative of the department. If a motor carrier fails to provide vehicles and records, an unsatisfactory terminal rating shall be issued by the department. -(1) The number of vehicles that will be selected for inspection by the department at a terminal shall be based on terminal fleet size and applied separately to a terminal fleet of power units and trailers, according to the following schedule: -Fleet Size -Representative -Sample -1 or 2 -All -3 to 8 -3 -9 to 15 -4 -16 to 25 -6 -26 to 50 -9 -51 to 90 -14 -91 or more -20 -(2) The lessor of any vehicle described in subdivision (a) shall make vehicles available for inspection upon request of an authorized representative of the department in the course of inspecting the terminal of the lessee. This section does not affect whether the lessor or driver provided by the lessor is an employee of the authorized carrier lessee, and compliance with this section and its attendant administrative requirements does not imply an employee-employer relationship. -(c) (1) The department may inspect any terminal, as defined in Section 34515, of a motor carrier who, at any time, operates any vehicle described in subdivision (a). -(2) The department shall adopt rules and regulations establishing a performance-based truck terminal inspection selection priority system. In adopting the system’s rules and regulations, the department shall incorporate methodologies consistent with those used by the Federal Motor Carrier Safety Administration, including those related to the quantitative analysis of safety-related motor carrier performance data, collected during the course of inspection or enforcement contact by authorized representatives of the department or any authorized federal, state, or local safety official, in categories, including, but not limited to, driver fatigue, driver fitness, vehicle maintenance, and controlled substances and alcohol use. The department shall also incorporate other safety-related motor carrier performance data in this system, including citations and accident information. The department shall create a database to include all performance-based data specified in this section that shall be updated in a manner to provide real-time information to the department on motor carrier performance. The department shall prioritize for selection those motor carrier terminals never previously inspected by the department, those identified by the inspection priority selection system, and those terminals operating vehicles listed in subdivision (g) of Section 34500. The department is not required to inspect a terminal subject to inspection pursuant to this section more often than once every six years, if a terminal receives a satisfactory compliance rating as the result of a terminal inspection conducted by the department pursuant to this section or Section 34501, or if the department has not received notification by the system of a motor carrier operating while exceeding the threshold of the inspection selection priority system. Any motor carrier that is inspected and receives less than a satisfactory compliance rating, or that falls below the threshold of the selection priority system, shall be subject to periodic inquiries and inspections as outlined in subdivision (f), and these inquiries and inspections shall be based on the severity of the violations. -(3) As used in this section and Section 34505.6, subdivision (f) of Section 34500 includes only those combinations where the gross vehicle weight rating of the towing vehicle exceeds 10,000 pounds, but does not include a pickup truck or any combination never operated in commercial use, and subdivision (g) of Section 34500 includes only those vehicles transporting hazardous material for which the display of placards is required pursuant to Section 27903, a license is required pursuant to Section 32000.5, or for which hazardous waste transporter registration is required pursuant to Section 25163 of the Health and Safety Code. Notwithstanding Section 5014.1, vehicles that display special identification plates in accordance with Section 5011, historical vehicles, as described in Section 5004, implements of husbandry and farm vehicles, as defined in Chapter 1 (commencing with Section 36000) of Division 16 with the exception of vehicles operating in the pilot program established pursuant to Section 36103, and vehicles owned or operated by an agency of the federal government are not subject to this section or Section 34505.6. -(d) It is unlawful for a motor carrier to operate, or cause to be operated, any vehicle that is subject to this section, Section 34520, or Division 14.85 (commencing with Section 34600), unless the motor carrier is knowledgeable of, and in compliance with, all applicable statutes and regulations. -(e) It is unlawful for a motor carrier to contract or subcontract with, or otherwise engage the services of, another motor carrier, subject to this section, unless the contracted motor carrier has complied with subdivision (d). A motor carrier shall not contract or subcontract with, or otherwise engage the services of, another motor carrier until the contracted motor carrier provides certification of compliance with subdivision (d). This certification shall be completed in writing by the contracted motor carrier in a manner prescribed by the department. The certification, or a copy of the certification, shall be maintained by each involved party for the duration of the contract or the period of service plus two years, and shall be presented for inspection immediately upon the request of an authorized employee of the department. The certifications required by this subdivision and subdivision (b) of 34620 may be combined. -(f) (1) An inspected terminal that receives an unsatisfactory compliance rating shall be reinspected by the department within 120 days after the issuance of the unsatisfactory compliance rating. -(2) If a motor carrier’s Motor Carrier of Property Permit or Public Utilities Commission operating authority is suspended as a result of an unsatisfactory compliance rating, the department shall not conduct a reinspection for permit or authority reinstatement until requested to do so by the Department of Motor Vehicles or the Public Utilities Commission, as appropriate. -(g) A motor carrier issued an unsatisfactory terminal rating may request a review of the rating within five business days of receipt of the notification of the rating. The department shall conduct and evaluate the review within 10 business days of the request. -(h) The department shall publish performance-based inspection completion data and make the data available for public review. -(i) This section shall be known, and may be cited, as the Basic Inspection of Terminals program or BIT program. -SEC. 2. -Section 34622 of the Vehicle Code is amended to read: -34622. -This chapter does not apply to any of the following: -(a) Vehicles described in Section 5004 or 5011, and those that are exempt from vehicle registration fees with the exception of vehicles operating in the pilot program established pursuant to Section 36103. -(b) A household goods carrier transporting used office, store, and institution furniture and fixtures under its household goods carrier permit pursuant to Section 5137 of the Public Utilities Code. -SEC. 3. -Section 36103 is added to the Vehicle Code, to read: -36103. -(a) Notwithstanding any other law, the Department of the California Highway Patrol and the Department of Motor Vehicles shall establish a pilot program in the Counties of Fresno, Kings, and Madera to evaluate exemption from vehicle registration for a motor vehicle designed and used exclusively for carrying, or returning from carrying, agricultural or farming products, and used on a highway between one part of a farm to another part of that farm, or from one farm to another farm, for a distance of no more than 20 air miles. The following requirements shall be met before participation is allowed in the pilot program: -(1) Operation on the highway is only incidental to a farming operation and not for hire. -(2) The vehicle displays a special identification plate issued pursuant to Section 5014. -(3) The applicant obtains a carrier identification number issued by the Department of the California Highway Patrol, pursuant to Section 34507.5. -(4) The applicant obtains a motor carrier permit issued pursuant to Section 34620 or 34621. -(5) The applicant agrees to conduct periodic inspections, pursuant to Section 34505.5, of vehicles participating in the pilot program. -(6) The employer of the driver enrolls in the Department of Motor Vehicles pull-notice system for the purpose of providing the employer with a report showing the driver’s current public record as recorded by the department and any subsequent conviction, failure to appear, accident, driver’s license suspension, driver’s license revocation, or any other action taken against the driving privilege if the vehicle requires a class A, class B, or class C license with a hazardous materials or any other applicable endorsement required by Section 15278. An owner or family member who drives the vehicle shall be enrolled as if he or she were an employee. -(b) On or before July 1, 2018, the Department of the California Highway Patrol and the Department of Motor Vehicles shall report to the Legislature on the status and effectiveness of the pilot program, including, but not limited to, a description of the number of vehicles enrolled, an evaluation of the loss of registration funding attributable to the program, and a description of collisions involving vehicles enrolled, enforcement issues, and safety issues. A report submitted pursuant to this subdivision shall be submitted pursuant to Section 9795 of the Government Code. -(c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 4. -Section 36305 of the Vehicle Code is amended to read: -36305. -(a) The driver of any implement of husbandry shall possess a valid class C driver’s license when operating a combination of vehicles at a speed in excess of 25 miles per hour or towing any implement of husbandry as specified in subdivision (d), (e), or (j) of Section 36005. -(b) Notwithstanding Section 36300, a person shall not operate a vehicle pursuant to the pilot program established in Section 36103 unless the person has in his or her possession a valid driver’s license for the applicable vehicle type. -SEC. 5. -Section 1.5 of this bill incorporates amendments to Section 34501.12 of the Vehicle Code proposed by both this bill and Assembly Bill 1960. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 34501.12 of the Vehicle Code, and (3) this bill is enacted after Assembly Bill 1960, in which case Section 1 of this bill shall not become operative. -SEC. 6. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law exempts specified farm vehicles from registration with the Department of Motor Vehicles if the vehicles have, and display, an identification plate, including a cotton module mover and a vehicle equipped with a water tank that is owned by a farmer and used exclusively to service his or her own implements of husbandry. Existing law exempts a person driving or operating an implement of husbandry over a highway from obtaining a driver’s license, except under specified circumstances. -This bill would, until January 1, 2020, establish a pilot program in specified counties to evaluate an exemption from vehicle registration for specified farm vehicles. The bill would require applicants to meet specified requirements before participating in the pilot program. The bill would require the Department of Motor Vehicles and the Department of the California Highway Patrol to submit a report to the Legislature on or before July 1, 2018, regarding the pilot program. The bill would require vehicles participating in the program to remain subject to specified fees and requirements. The bill would prohibit a person from operating a vehicle pursuant to the pilot program unless the person has in his or her possession a valid driver’s license for the applicable vehicle type. A violation of these provisions would be punishable as an infraction. -This bill would incorporate additional changes to Section 34501.12 of the Vehicle Code proposed by AB 1960, that would become operative only if this bill and AB 1960 are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 34501.12, 34622, and 36305 of, and to add and repeal Section 36103 of, the Vehicle Code, relating to farm vehicles." -696,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6601 of the Welfare and Institutions Code is amended to read: -6601. -(a) (1) Whenever the Secretary of the Department of Corrections and Rehabilitation determines that an individual who is in custody under the jurisdiction of the Department of Corrections and Rehabilitation, and who is either serving a determinate prison sentence or whose parole has been revoked, may be a sexually violent predator, the secretary shall, at least six months prior to that individual’s scheduled date for release from prison, refer the person for evaluation in accordance with this section. However, if the inmate was received by the department with less than nine months of his or her sentence to serve, or if the inmate’s release date is modified by judicial or administrative action, the secretary may refer the person for evaluation in accordance with this section at a date that is less than six months prior to the inmate’s scheduled release date. -(2) A petition may be filed under this section if the individual was in custody pursuant to his or her determinate prison term, parole revocation term, or a hold placed pursuant to Section 6601.3, at the time the petition is filed. A petition shall not be dismissed on the basis of a later judicial or administrative determination that the individual’s custody was unlawful, if the unlawful custody was the result of a good faith mistake of fact or law. This paragraph shall apply to any petition filed on or after January 1, 1996. -(b) The person shall be screened by the Department of Corrections and Rehabilitation and the Board of Parole Hearings based on whether the person has committed a sexually violent predatory offense and on a review of the person’s social, criminal, and institutional history. This screening shall be conducted in accordance with a structured screening instrument developed and updated by the State Department of State Hospitals in consultation with the Department of Corrections and Rehabilitation. If as a result of this screening it is determined that the person is likely to be a sexually violent predator, the Department of Corrections and Rehabilitation shall refer the person to the State Department of State Hospitals for a full evaluation of whether the person meets the criteria in Section 6600. -(c) -(1) -The State Department of State Hospitals shall evaluate the person in accordance with a standardized assessment protocol, developed and updated by the State Department of State Hospitals, to determine whether the person is a sexually violent predator as defined in this article. The standardized assessment protocol shall require assessment of diagnosable mental disorders, as well as various factors known to be associated with the risk of reoffense among sex offenders. Risk factors to be considered shall include criminal and psychosexual history, type, degree, and duration of sexual deviance, and severity of mental disorder. -(2) On or before January 30, 2016, the State Department of State Hospitals shall consult with a committee consisting of one representative from each of the State Department of State Hospitals, the California District Attorneys Association, the California Public Defenders Association, and the Los Angeles District Attorney’s Office. The committee members shall select a member of the private defense bar and a person with experience as an evaluator under Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 to make recommendations regarding possible changes to the standardized assessment protocol, as described in paragraph (3). -(3) On or before March 1, 2016, the State Department of State Hospitals shall initiate the regulatory process to update the standardized assessment protocol, including a plan for formal supervisory review of evaluations and a checklist for reviewing evaluations, as recommended by the March 2015 report of the California State Auditor. The regulations shall also include requirements and procedures for training evaluators. -(d) Pursuant to subdivision (c), the person shall be evaluated by two practicing psychiatrists or psychologists, or one practicing psychiatrist and one practicing psychologist, designated by the Director of State Hospitals. If both evaluators concur that the person has a diagnosed mental disorder so that he or she is likely to engage in acts of sexual violence without appropriate treatment and custody, the Director of State Hospitals shall forward a request for a petition for commitment under Section 6602 to the county designated in subdivision (i). Copies of the evaluation reports and any other supporting documents shall be made available to the attorney designated by the county pursuant to subdivision (i) who may file a petition for commitment. -(e) If one of the professionals performing the evaluation pursuant to subdivision (d) does not concur that the person meets the criteria specified in subdivision (d), but the other professional concludes that the person meets those criteria, the Director of State Hospitals shall arrange for further examination of the person by two independent professionals selected in accordance with subdivision (g). -(f) If an examination by independent professionals pursuant to subdivision (e) is conducted, a petition to request commitment under this article shall only be filed if both independent professionals who evaluate the person pursuant to subdivision (e) concur that the person meets the criteria for commitment specified in subdivision (d). The professionals selected to evaluate the person pursuant to subdivision (g) shall inform the person that the purpose of their examination is not treatment but to determine if the person meets certain criteria to be involuntarily committed pursuant to this article. It is not required that the person appreciate or understand that information. -(g) Any independent professional who is designated by the Secretary of the Department of Corrections and Rehabilitation or the Director of State Hospitals for purposes of this section shall not be a state government employee, shall have at least five years of experience in the diagnosis and treatment of mental disorders, and shall include psychiatrists and licensed psychologists who have a doctoral degree in psychology. The requirements set forth in this section also shall apply to any professionals appointed by the court to evaluate the person for purposes of any other proceedings under this article. -(h) If the State Department of State Hospitals determines that the person is a sexually violent predator as defined in this article, the Director of State Hospitals shall forward a request for a petition to be filed for commitment under this article to the county designated in subdivision (i). Copies of the evaluation reports and any other supporting documents shall be made available to the attorney designated by the county pursuant to subdivision (i) who may file a petition for commitment in the superior court. -(i) If the county’s designated counsel concurs with the recommendation, a petition for commitment shall be filed in the superior court of the county in which the person was convicted of the offense for which he or she was committed to the jurisdiction of the Department of Corrections and Rehabilitation. The petition shall be filed, and the proceedings shall be handled, by either the district attorney or the county counsel of that county. The county board of supervisors shall designate either the district attorney or the county counsel to assume responsibility for proceedings under this article. -(j) The time limits set forth in this section shall not apply during the first year that this article is operative. -(k) An order issued by a judge pursuant to Section 6601.5, finding that the petition, on its face, supports a finding of probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon his or her release, shall toll that person’s parole pursuant to paragraph (4) of subdivision (a) of Section 3000 of the Penal Code, if that individual is determined to be a sexually violent predator. -(l) Pursuant to subdivision (d), the attorney designated by the county pursuant to subdivision (i) shall notify the State Department of State Hospitals of its decision regarding the filing of a petition for commitment within 15 days of making that decision. -(m) This section shall become operative on the date that the director executes a declaration, which shall be provided to the fiscal and policy committees of the Legislature, including the Chairperson of the Joint Legislative Budget Committee, and the Department of Finance, specifying that sufficient qualified state employees have been hired to conduct the evaluations required pursuant to subdivision (d), or January 1, 2013, whichever occurs first. -SECTION 1. -SEC. 2. -Section 6604.9 of the Welfare and Institutions Code is amended to read: -6604.9. -(a) A person found to be a sexually violent predator and committed to the custody of the State Department of State Hospitals shall have a current examination of his or her mental condition made at least once every year. The report shall be in the form of a declaration and shall be prepared by a professionally qualified person. The report shall also be signed by the Director of the State Department of State Hospitals. The person may retain or, if he or she is indigent and so requests, the court may appoint, a qualified expert or professional person to examine him or her, and the expert or professional person shall have access to all records concerning the person. -(b) The annual report shall include consideration of whether the committed person currently meets the definition of a sexually violent predator and whether conditional release to a less restrictive alternative, pursuant to Section 6608, or an unconditional discharge, pursuant to Section 6605, is in the best interest of the person and conditions can be imposed that would adequately protect the community. -(c) The State Department of State Hospitals shall file this periodic report with the court that committed the person under this article. A copy of the report shall be served on the prosecuting agency involved in the initial commitment and upon the committed person. -(d) If the State Department of State Hospitals determines that either: (1) the person’s condition has so changed that the person no longer meets the definition of a sexually violent predator and should, therefore, be considered for unconditional discharge, or (2) conditional release to a less restrictive alternative is in the best interest of the person and conditions can be imposed that adequately protect the community, the director shall authorize the person to petition the court for conditional release to a less restrictive alternative or for an unconditional discharge. The petition shall be filed with the court and served upon the prosecuting agency responsible for the initial commitment. -(e) The court, upon receipt of the petition for conditional release to a less restrictive alternative, shall consider the petition using procedures described in Section 6608. -(f) The court, upon receiving a petition for unconditional discharge, shall order a show cause hearing, pursuant to the provisions of Section 6605, at which the court may consider the petition and any accompanying documentation provided by the medical director, the prosecuting attorney, or the committed person. -SEC. 3. -Section 6610 is added to the Welfare and Institutions Code, to read: -6610. -(a) (1) There is hereby created an oversight board that shall advise the Legislature and the Governor regarding sexually violent predators under Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6. -(2) The board shall be comprised of seven members. Each of the following organizations shall select one representative to serve on the oversight board: The State Department of State Hospitals, the California District Attorneys Association, the California Public Defenders Association, the Los Angeles District Attorney’s Office, and the California Judicial Commission on Judicial Performance. -(3) The board members selected pursuant to paragraph (2) shall select both a representative of the private defense bar and a person with experience as an evaluator under Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 to serve on the oversight board. -(b) (1) The oversight board shall meet at least six times per year. -(2) On or before January 1, 2017, and on or before January 1 in each subsequent year, the oversight board shall make a report to the Governor and the Legislature making recommendations relating to implementation of Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6, including, but not limited to, evaluating sexually violent predators in state hospitals. -(3) The report required pursuant to paragraph (2) shall be submitted to the Legislature in compliance with subdivision (c) of Section 9795 of the Government Code.","Existing law provides for the civil commitment of criminal offenders who have been determined to be sexually violent predators for treatment in a secure state hospital facility, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a prisoner for evaluation by the State Department of State Hospitals when the secretary determines that the person may be a sexually violent predator, -requires the State Department of State Hospitals to evaluate the person in accordance with a standardized assessment protocol, as specified, to determine whether the person is a sexually violent predator, -and specifies the judicial processes necessary for civil commitment as a sexually violent predator, including, but not limited to, the right to a jury trial. -Existing -This bill would require the State Department of State Hospitals to consult, on or before January 30, 2016, with a committee comprised of representatives of specified organizations to make recommendations regarding possible changes to the standardized assessment protocol. The bill would require the State Department of State Hospitals, on or before March 1, 2016, to initiate the regulatory process to update the standardized assessment protocol, as specified. -Existing -law requires an annual examination of the mental condition of a sexually violent predator to determine whether conditional release to a less restrictive alternative or unconditional release is in the best interest of the person and the conditions imposed would adequately protect the community. Existing law requires that the report be in the form of a declaration and prepared by a professionally qualified person. -Proposition 83, enacted by the voters at the November 7, 2006, statewide general election, made various changes to the sexually violent predator civil commitment process. -Proposition 83 permits the Legislature to amend its provisions, either by a -2 -3 -vote of the membership of each house, or by a majority vote of the membership of each house if the amendments expand the scope of the application of the provisions of the proposition or increase the punishments or penalties provided in the proposition. -This bill would require the report described above to be signed by the Director of the State Department of State Hospitals. -By amending the requirements for the report, this bill would amend Proposition 83. -The bill would also create a 7-member oversight board to advise the Governor and the Legislature regarding the civil commitment of sexually violent predators comprised of representatives selected by the State Department of State Hospitals and other organizations, as specified. The bill would require the oversight board to meet at least 6 times per year and, beginning January 1, 2017, to make an annual report to the Governor and the Legislature including the board’s recommendations, as specified.","An act to amend -Section 6604.9 of -Sections 6601 an 6604.9 of, and to add Section 6610 to, -the Welfare and Institutions Code, relating to mental health." -697,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14549.2 of the Public Resources Code is amended to read: -14549.2. -(a) For purposes of this section, the following definitions shall apply: -(1) “Certified entity” means a recycling center, processor, or dropoff or collection program certified pursuant to this division. -(2) “Product manufacturer” means a person who manufactures a plastic product in this state. -(b) In order to develop California markets for empty plastic beverage containers collected for recycling in the state, the department may, consistent with Section 14581 and subject to the availability of funds, pay a market development payment to a certified entity or product manufacturer for empty plastic beverage containers collected and managed pursuant to this section. -(c) The department shall make a market development payment to a certified entity or product manufacturer in accordance with this section, only if the plastic beverage container is collected and either recycled or used in manufacturing, in the state, as follows: -(1) The department shall make a market development payment to a certified entity for empty plastic beverage containers that are collected for recycling in the state, that are subsequently washed and processed by a certified entity into a flake, pellet, or other form in the state, and made usable for the manufacture of a plastic product by a product manufacturer. -(2) The department shall make a market development payment to a product manufacturer for empty plastic beverage containers that are collected for recycling in the state, that are subsequently washed and processed into a flake, pellet, or other form in the state, and used by that product manufacturer to manufacture a product in this state. -(3) The department shall determine the amount of the market development payment, which may be set at a different level for a certified entity and a product manufacturer, but shall not exceed one hundred fifty dollars ($150) per ton. In setting the amount of the market development payment for both certified entities and product manufacturers, the department shall consider all of the following: -(A) The minimum funding level needed to encourage the in-state washing and processing of empty plastic beverage containers collected for recycling in this state. -(B) The minimum funding level needed to encourage the in-state manufacturing that utilizes empty plastic beverage containers collected for recycling in this state. -(C) The total amount of funds projected to be available for plastic market development payments and the desire to maintain the minimum funding level needed throughout the year. -(4) The department may make a market development payment to both a certified entity and a product manufacturer for the same empty plastic beverage container. -(d) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. -SEC. 2. -Section 14581 of the Public Resources Code is amended to read: -14581. -(a) Subject to the availability of funds and in accordance with subdivision (b), the department shall expend the moneys set aside in the fund, pursuant to subdivision (c) of Section 14580, for the purposes of this section in the following manner: -(1) For each fiscal year, the department may expend the amount necessary to make the required handling fee payment pursuant to Section 14585. -(2) Fifteen million dollars ($15,000,000) shall be expended annually for payments for curbside programs and neighborhood dropoff programs pursuant to Section 14549.6. -(3) (A) Ten million five hundred thousand dollars ($10,500,000) may be expended annually for payments of five thousand dollars ($5,000) to cities and ten thousand dollars ($10,000) for payments to counties for beverage container recycling and litter cleanup activities, or the department may calculate the payments to counties and cities on a per capita basis, and may pay whichever amount is greater, for those activities. -(B) Eligible activities for the use of these funds may include, but are not necessarily limited to, support for new or existing curbside recycling programs, neighborhood dropoff recycling programs, public education promoting beverage container recycling, litter prevention, and cleanup, cooperative regional efforts among two or more cities or counties, or both, or other beverage container recycling programs. -(C) These funds shall not be used for activities unrelated to beverage container recycling or litter reduction. -(D) To receive these funds, a city, county, or city and county shall fill out and return a funding request form to the department. The form shall specify the beverage container recycling or litter reduction activities for which the funds will be used. -(E) The department shall annually prepare and distribute a funding request form to each city, county, or city and county. The form shall specify the amount of beverage container recycling and litter cleanup funds for which the jurisdiction is eligible. The form shall not exceed one double-sided page in length, and may be submitted electronically. If a city, county, or city and county does not return the funding request form within 90 days of receipt of the form from the department, the city, county, or city and county is not eligible to receive the funds for that funding cycle. -(F) For the purposes of this paragraph, per capita population shall be based on the population of the incorporated area of a city or city and county and the unincorporated area of a county. The department may withhold payment to any city, county, or city and county that has prohibited the siting of a supermarket site, caused a supermarket site to close its business, or adopted a land use policy that restricts or prohibits the siting of a supermarket site within its jurisdiction. -(4) One million five hundred thousand dollars ($1,500,000) may be expended annually in the form of grants for beverage container recycling and litter reduction programs. -(5) (A) The department shall expend the amount necessary to pay the processing payment established pursuant to Section 14575. The department shall establish separate processing fee accounts in the fund for each beverage container material type for which a processing payment and processing fee are calculated pursuant to Section 14575, or for which a processing payment is calculated pursuant to Section 14575 and a voluntary artificial scrap value is calculated pursuant to Section 14575.1, into which account shall be deposited both of the following: -(i) All amounts paid as processing fees for each beverage container material type pursuant to Section 14575. -(ii) Funds equal to the difference between the amount in clause (i) and the amount of the processing payments established in subdivision (b) of Section 14575, and adjusted pursuant to paragraph (2) of subdivision (c) of, and subdivision (f) of, Section 14575, to reduce the processing fee to the level provided in subdivision (e) of Section 14575, or to reflect the agreement by a willing purchaser to pay a voluntary artificial scrap value pursuant to Section 14575.1. -(B) Notwithstanding Section 13340 of the Government Code, the moneys in each processing fee account are hereby continuously appropriated to the department for expenditure without regard to fiscal years, for purposes of making processing payments pursuant to Section 14575. -(6) Up to five million dollars ($5,000,000) may be annually expended by the department for the purposes of undertaking a statewide public education and information campaign aimed at promoting increased recycling of beverage containers. -(7) Up to ten million dollars ($10,000,000) may be expended annually by the department for quality incentive payments for empty glass beverage containers pursuant to Section 14549.1. -(8) (A) Up to ten million dollars ($10,000,000) may be expended annually by the department for market development payments for empty plastic beverage containers pursuant to Section 14549.2, until January 1, 2018. -(B) In addition to the amount specified in subparagraph (A), the department may expend the amount calculated pursuant to subparagraph (C) for market development payments for empty plastic beverage containers pursuant to Section 14549.2. -(C) The department shall calculate the amount authorized for expenditure pursuant to subparagraph (B) in the following manner: -(i) The department shall annually determine, on or before January 1, whether the amount of funds estimated to be necessary pursuant to clause (ii) of subparagraph (A) of paragraph (5) for deposit to a processing fee account established by the department for plastic beverage containers to make processing payments for plastic beverage containers for the current calendar year is less than the total amount of funds that were estimated to be necessary the previous calendar year pursuant to clause (ii) of subparagraph (A) of paragraph (5) for deposit to that processing fee account. -(ii) If the amount estimated to be necessary for the current calendar year, as specified in clause (i), is less than the amount estimated to be necessary for the previous calendar year, the department shall calculate the amount of that difference. -(iii) The department shall expend an amount that is not greater than 50 percent of the amount calculated pursuant to clause (ii) for purposes of subparagraph (B). -(iv) If the department determines that the amount of funds authorized for expenditure pursuant to this subparagraph is not needed to make plastic market development payments pursuant to subparagraph (B) in the calendar year for which that amount is allocated, the department may expend those funds during the following year. -(v) If the department determines that there are insufficient funds to both make the market development payments pursuant to subparagraph (B) and to deposit the amount required by clause (ii) of subparagraph (A) of paragraph (5), for purposes of making the processing payments and reducing the processing fees pursuant to Section 14575 for plastic beverage containers, the department shall suspend the implementation of this subparagraph and subparagraph (B). -(D) Subparagraphs (B) and (C) shall remain operative only until January 1, 2018. -(b) (1) If the department determines, pursuant to a review made pursuant to Section 14556, that there may be inadequate funds to pay the payments required by this division, the department shall immediately notify the appropriate policy and fiscal committees of the Legislature regarding the inadequacy. -(2) On or before 180 days, but not less than 80 days, after the notice is sent pursuant to paragraph (1), the department may reduce or eliminate expenditures, or both, from the funds as necessary, according to the procedure set forth in subdivision (c). -(c) If the department determines that there are insufficient funds to make the payments specified pursuant to this section and Section 14575, the department shall reduce all payments proportionally. -(d) Before making an expenditure pursuant to paragraph (6) of subdivision (a), the department shall convene an advisory committee consisting of representatives of the beverage industry, beverage container manufacturers, environmental organizations, the recycling industry, nonprofit organizations, and retailers to advise the department on the most cost-effective and efficient method of the expenditure of the funds for that education and information campaign. -(e) Subject to the availability of funds, the department shall retroactively pay in full any payments provided in this section that have been proportionally reduced during the period of January 1, 2010, through June 30, 2010.","Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires a distributor to pay a redemption payment for every beverage container sold or offered for sale in the state by the distributor to the Department of Resources Recycling and Recovery for deposit in the California Beverage Container Recycling Fund. Moneys in the fund are continuously appropriated to the department for certain payments, including market development payments. Existing law authorizes the department, until that authorization is repealed on January 1, 2017, to (1) annually expend up to $10,000,000 from the fund to make market development payments to an entity certified by the department as a recycling center, processor, or dropoff or collection program for empty plastic beverage containers that are subsequently washed and processed into flake, pellet, or other form, and made usable for the manufacture of a plastic product, or to a product manufacturer for empty plastic beverage containers that are subsequently washed and processed into flake, pellet, or other form, and used by that product manufacturer to manufacture a product, and to (2) expend additional amounts to make market development payments, calculated as provided. -This bill would postpone that repeal until January 1, 2018. By extending the term of a continuous appropriation, this bill would make an appropriation.","An act to amend Sections 14549.2 and 14581 of the Public Resources Code, relating to beverage containers, and making an appropriation therefor." -698,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 51228.1 is added to the Education Code, to read: -51228.1. -(a) Commencing with the 2016–17 school year, except as provided in subdivision (e), a school district maintaining any of grades 9 to 12, inclusive, shall not assign a pupil enrolled in any of grades 9 to 12, inclusive, in a school in the school district to any course period without educational content for more than one week in any semester, unless all of the following conditions are satisfied: -(1) A pupil is assigned to that course only if the pupil or, for a pupil who has not reached the age of majority, the pupil’s parent, guardian, or educational rights holder has consented in writing to the assignment. -(2) A school official has determined that the pupil will benefit from being assigned to the course period. -(3) The principal or assistant principal of the school has stated in a written document maintained at the school that, for the relevant school year, no pupils are assigned to those classes unless the school has met the conditions specified in paragraphs (1) and (2). -(b) Under no circumstances shall a school district assign a pupil enrolled in any of grades 9 to 12, inclusive, in a school in the school district to a course period without educational content because there are not sufficient curricular course offerings for the pupil to take during the relevant period of the designated schoolday. -(c) For purposes of this section, “course period without educational content” is defined as one course period during which any of the following occurs: -(1) The pupil is sent home or released from campus before the conclusion of the designated schoolday. -(2) The pupil is assigned to a service, instructional work experience, or to an otherwise named course in which the pupil is assigned to assist a certificated employee, but not expected to complete curricular assignments, in a course the certificated employee is teaching during that period and where the ratio of certificated employees to pupils assigned to the course for curricular purposes is less than one to one. -(3) The pupil is not assigned to any course for the relevant course period. -(d) Nothing in this section shall be interpreted to limit or otherwise affect the authority of a school district to authorize dual enrollment in community college, as provided for in Chapter 5 (commencing with Section 48800) of Part 27, to establish and maintain evening high school programs, as provided for in Article 3 (commencing with Section 51720) of Chapter 5, to offer independent study, as provided for in Article 5.5 (commencing with Section 51745) of Chapter 5, to provide courses of work-based learning or work experience education, as provided for in Article 7 (commencing with Section 51760) of Chapter 5, or to offer any class or course of instruction authorized under Chapter 5 (commencing with Section 51700), if the program otherwise meets all of the requirements of law governing that program. -(e) This section shall not apply to a pupil enrolled in any of the following: -(1) An alternative school. -(2) A community day school. -(3) A continuation high school. -(4) An opportunity school. -(f) The Superintendent shall develop regulations for adoption by the state board to establish procedures governing this section, including the form of the written statement required pursuant to subdivision (a). -SEC. 2. -Section 51228.2 is added to the Education Code, to read: -51228.2. -(a) Commencing with the 2016–17 school year, except as provided in subdivision (d), a school district maintaining any of grades 9 to 12, inclusive, shall not assign a pupil enrolled in any of grades 9 to 12, inclusive, in a school in the school district to a course that the pupil has previously completed and received a grade determined by the school district to be sufficient to satisfy the requirements and prerequisites for admission to the California public institutions of postsecondary education and the minimum requirements for receiving a diploma of graduation from high school established in this article, unless either of the following applies: -(1) The course has been designed to be taken more than once because pupils are exposed to a new curriculum year to year and are therefore expected to derive educational value from taking the course again. -(2) For any course that has not been designed to be taken more than once, all of the following conditions are satisfied: -(A) A pupil is assihis section shall be interpreted to limit or otherwise affect the authority of a school district to authorize dual enrollment in community college, as provided for in Chapter 5 (commencing with Section 48800) of Part 27, to establish and maintain evening high school programs, as provided for in Article 3 (commencing with Section 51720) of Chapter 5, to offer independent study, as provided for in Article 5.5 (commencing with Section 51745) of Chapter 5, to provide courses of work-based learning or work experience education, as provided for in Article 7 (commencing with Section 51760) of Chapter 5, or to offer any class or course of instruction authorized under Chapter 5 (commencing with Section 51700), if the program otherwise meets all of the requirements of law governing that program. -(d) This section shall not apply to a pupil enrolled in any of the following: -(1) An alternative school. -(2) A community day school. -(3) A continuation high school. -(4) An opportunity school. -(e) The Superintendent shall develop regulations for adoption by the state board to establish procedures governing this section, including the form of the written statement required pursuant to subdivision (a). -SEC. 3. -Section 51228.3 is added to the Education Code, to read: -51228.3. -(a) A complaint of noncompliance with the requirements of Section 51228.1 or 51228.2 may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. -(b) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, and shall receive a decision regarding the appeal within 60 days of the department’s receipt of the appeal. -(c) If a local educational agency finds merit in a complaint filed pursuant to subdivision (a), or the Superintendent finds merit in an appeal made pursuant to subdivision (b), the local educational agency shall provide a remedy to the affected pupil. -(d) The Superintendent shall prepare an annual report detailing actions taken pursuant to this section. By January 1 of each year, the Superintendent shall submit the report to the appropriate fiscal and policy committees of the Legislature. -(e) The Superintendent shall have all power and authority necessary to effectuate the requirements of this section. The Superintendent shall develop regulations for adoption by the state board that set forth the procedures governing this section. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes a system of public elementary and secondary education in this state, and requires and authorizes local educational agencies to provide specified instruction at elementary and secondary schools. Existing law prescribes various requirements with respect to a course of study for grades 7 to 12, inclusive, at these schools. -This bill, commencing with the 2016–17 school year, would prohibit school districts that maintain any of grades 9 to 12, inclusive, from assigning a pupil enrolled in any of grades 9 to 12, inclusive, in a school, as defined to exclude alternative schools, community day schools, continuation schools, and opportunity schools, in the school district to any course period without educational content, as defined, for more than one week in any semester, except under prescribed conditions. The bill would specifically prohibit school districts from assigning a pupil enrolled in any of grades 9 to 12, inclusive, in a school in the school district to a course period without educational content because there are not sufficient curricular course offerings for the pupil to take during the relevant period of the designated schoolday. -The bill would, commencing with the 2016–17 school year, also prohibit school districts that maintain any of grades 9 to 12, inclusive, from assigning a pupil enrolled in any of grades 9 to 12, inclusive, in a school, as defined to exclude alternative schools, community day schools, continuation schools, and opportunity schools, in the school district, to a course that the pupil has previously completed and received a grade determined by the school district to be sufficient to satisfy the requirements and prerequisites for admission to the California public institutions of postsecondary education and the minimum requirements for receiving a diploma of graduation from high school, except under specified conditions. -The bill would specify that it is not to be interpreted to limit or otherwise affect the authority of a school district to authorize dual enrollment in community college or to provide evening high school programs, independent study programs, or work-based learning or work experience education. -The bill would specify procedures to be followed if a complaint of noncompliance with the requirements of the bill is filed with a local educational agency or if an appeal of the local educational agency’s decision on the complaint is made to the State Department of Education. The bill would require the Superintendent of Public Instruction to prepare an annual report detailing actions taken pursuant to these procedures. -The bill would require the Superintendent to develop regulations for adoption by the State Board of Education governing these provisions. -To the extent that this bill would create new duties for local educational agencies, it would constitute a state-mandated local program. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Sections 51228.1, 51228.2, and 51228.3 to the Education Code, relating to pupil instruction." -699,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25402.1 of the Public Resources Code is amended to read: -25402.1. -In order to implement the requirements of subdivisions (a) and (b) of Section 25402, all of the following shall apply: -(a) The commission shall develop a public domain computer program that will enable contractors, builders, architects, engineers, and government officials to estimate the energy consumed by residential and nonresidential buildings. The commission may charge a fee for the use of the program, which shall be based upon the actual cost of the program, including any computer costs. -(b) The commission shall establish a formal process for certification of compliance options for new products, materials, and calculation methods that provides for adequate technical and public review to ensure accurate, equitable, and timely evaluation of certification applications. Proponents filing applications for new products, materials, and calculation methods shall provide all information needed to evaluate the application that is required by the commission. The commission shall publish annually the results of its certification decisions and instructions to users and local building officials concerning requirements for showing compliance with the building standards for new products, materials, or calculation methods. The commission may charge and collect a reasonable fee from applicants to cover the costs under this subdivision. Any funds received by the commission for purposes of this subdivision shall be deposited in the Energy Resources Programs Account and, notwithstanding Section 13340 of the Government Code, are continuously appropriated to the commission for the purposes of this subdivision. Any unencumbered portion of funds collected as a fee for an application remaining in the Energy Resources Programs Account after completion of the certification process for that application shall be returned to the applicant within a reasonable period of time. -(c) The commission shall include a prescriptive method of complying with the standards, including design aids such as a manual, sample calculations, and model structural designs. -(d) The commission shall conduct a pilot project of field testing of actual residential buildings to calibrate and identify potential needed changes in the modeling assumptions to increase the accuracy of the public domain computer program specified in subdivision (a) and to evaluate the impacts of the standards, including, but not limited to, the energy savings, cost-effectiveness, and the effects on indoor air quality. The pilot project shall be conducted pursuant to a contract entered into by the commission. The commission shall consult with the participants designated pursuant to Section 9202 of the Public Utilities Code, as that section read on December 31, 2003, to seek funding and support for field monitoring in each public utility service territory, with the University of California to take advantage of its extensive building monitoring expertise, and with the California Building Industry Association to coordinate the involvement of builders and developers throughout the state. The pilot project shall include periodic public workshops to develop plans and review progress. The commission shall prepare and submit a report to the Legislature on progress and initial findings not later than December 31, 1988, and a final report on the results of the pilot project on residential buildings not later than June 30, 1990. The report shall include recommendations regarding the need and feasibility of conducting further monitoring of actual residential and nonresidential buildings. The report shall also identify any revisions to the public domain computer program and energy conservation standards if the pilot project determines that revisions are appropriate. -(e) The commission shall certify, not later than 180 days after approval of the standards by the State Building Standards Commission, an energy conservation manual for use by designers, builders, and contractors of residential and nonresidential buildings. The manual shall be furnished upon request at a price sufficient to cover the costs of production and shall be distributed at no cost to all affected local agencies. The manual shall contain, but not be limited to, the following: -(1) The standards for energy conservation established by the commission. -(2) Forms, charts, tables, and other data to assist designers and builders in meeting the standards. -(3) Design suggestions for meeting or exceeding the standards. -(4) Any other information which the commission finds will assist persons in conforming to the standards. -(5) Instructions for use of the computer program for calculating energy consumption in residential and nonresidential buildings. -(6) The prescriptive method for use as an alternative to the computer program. -(f) The commission shall approve and make publicly available, not less than six months prior to the effective date of adopted or updated standards, a version of the public domain computer program developed pursuant to subdivision (a) that will function properly with those adopted on updated standards. Before approving the public domain computer program for use with adopted or updated standards, the commission shall do both of the following: -(1) Perform preliminary tests of the public domain computer program using common examples of residential and nonresidential buildings and building systems to ensure the usability of the public domain computer program by users of the program, including, but not limited to, architects, builders, contractors, and local code enforcement personnel. -(2) Make the results of the preliminary tests publicly available. -(g) The commission shall establish a continuing program of technical assistance to local building departments in the enforcement of subdivisions (a) and (b) of Section 25402 and this section. The program shall include the training of local officials in building technology and enforcement procedures related to energy conservation, and the development of complementary training programs conducted by local governments, educational institutions, and other public or private entities. The technical assistance program shall include the preparation and publication of forms and procedures for local building departments in performing the review of building plans and specifications. The commission shall provide, on a contract basis, a review of building plans and specifications submitted by a local building department, and shall adopt a schedule of fees sufficient to repay the cost of those services. -(h) Subdivisions (a) and (b) of Section 25402 and this section, and the rules and regulations of the commission adopted pursuant to those provisions, shall be enforced by the building department of every city, county, or city and county. -(1) A building permit for a residential or nonresidential building shall not be issued by a local building department, unless a review by the building department of the plans for the proposed residential or nonresidential building contains detailed energy system specifications and confirms that the building satisfies the minimum standards established pursuant to subdivision (a) or (b) of Section 25402 and this section applicable to the building. -(2) Where there is no local building department, the commission shall enforce subdivisions (a) and (b) of Section 25402 and this section. -(3) If a local building department fails to enforce subdivisions (a) and (b) of Section 25402 and this section or any other provision of this chapter or standard adopted pursuant thereto, the commission may provide enforcement after furnishing 10 days’ written notice to the local building department. -(4) A city, county, or city and county may, by ordinance or resolution, prescribe a schedule of fees sufficient to pay the costs incurred in the enforcement of subdivisions (a) and (b) of Section 25402 and this section. The commission may establish a schedule of fees sufficient to pay the costs incurred by that enforcement. -(5) The construction of a state building shall not commence until the Department of General Services or the state agency that otherwise has jurisdiction over the property reviews the plans for the proposed building and certifies that the plans satisfy the minimum standards established pursuant to Chapter 2.8 (commencing with Section 15814.30) of Part 10b of Division 3 of Title 2 of the Government Code, subdivision (a) or (b) of Section 25402, and this section that are applicable to the building. -(i) Subdivisions (a) and (b) of Section 25402 and this section shall apply only to new residential and nonresidential buildings on which actual site preparation and construction have not commenced prior to the effective date of rules and regulations adopted pursuant to those provisions that are applicable to those buildings. Those sections shall not prohibit either of the following: -(1) The enforcement of state or local energy conservation or energy insulation standards, adopted prior to the effective date of rules and regulations adopted pursuant to subdivisions (a) and (b) of Section 25402 and this section with regard to residential and nonresidential buildings on which actual site preparation and construction have commenced prior to that date. -(2) The enforcement of city or county energy conservation or energy insulation standards, whenever adopted, with regard to residential and nonresidential buildings on which actual site preparation and construction have not commenced prior to the effective date of rules and regulations adopted pursuant to subdivisions (a) and (b) of Section 25402 and this section, if the city or county files the basis of its determination that the standards are cost effective with the commission and the commission finds that the standards will require the diminution of energy consumption levels permitted by the rules and regulations adopted pursuant to those sections. If, after two or more years after the filing with the commission of the determination that those standards are cost effective, there has been a substantial change in the factual circumstances affecting the determination, upon application by any interested party, the city or county shall update and file a new basis of its determination that the standards are cost effective. The determination that the standards are cost effective shall be adopted by the governing body of the city or county at a public meeting. If, at the meeting on the matter, the governing body determines that the standards are no longer cost effective, the standards shall, as of that date, be unenforceable and no building permit or other entitlement shall be denied based on the noncompliance with the standards. -(j) The commission may exempt from the requirements of this section and of any regulations adopted pursuant to this section any proposed building for which compliance would be impossible without substantial delays and increases in cost of construction, if the commission finds that substantial funds have been expended in good faith on planning, designing, architecture, or engineering prior to the date of adoption of the regulations. -(k) If a dispute arises between an applicant for a building permit, or the state pursuant to paragraph (5) of subdivision (h), and the building department regarding interpretation of Section 25402 or the regulations adopted pursuant thereto, either party may submit the dispute to the commission for resolution. The commission’s determination of the matter shall be binding on the parties. -(l) Nothing in Section 25130, 25131, or 25402, or in this section prevents enforcement of any regulation adopted pursuant to this chapter, or Chapter 11.5 (commencing with Section 19878) of Part 3 of Division 13 of the Health and Safety Code as they existed prior to September 16, 1977. -SEC. 2. -Section 25942 of the Public Resources Code is amended to read: -25942. -(a) The commission shall establish criteria for adopting a statewide home energy rating program for residential dwellings. The program criteria shall include, but are not limited to, all of the following elements: -(1) Consistent, accurate, and uniform ratings based on a single statewide rating scale. -(2) Reasonable estimates of potential utility bill savings, and reliable recommendations on cost-effective measures to improve energy efficiency. -(3) Training and certification procedures for home raters and quality assurance procedures to promote accurate ratings and to protect consumers. -(4) In coordination with home energy rating service organization databases, procedures to establish a centralized, publicly accessible, database that includes a uniform reporting system for information on residential dwellings, excluding proprietary information, needed to facilitate the program. There shall be no public access to information in the database concerning specific dwellings without the owner’s or occupant’s permission. -(5) Labeling procedures that will meet the needs of home buyers, homeowners, renters, the real estate industry, and mortgage lenders with an interest in home energy ratings. -(b) The commission shall adopt the program pursuant to subdivision (a) in consultation with representatives of the Bureau of Real Estate, the Department of Housing and Community Development, the Public Utilities Commission, investor-owned and municipal utilities, cities and counties, real estate licensees, home builders, mortgage lenders, home appraisers and inspectors, home energy rating organizations, contractors who provide home energy services, consumer groups, and environmental groups. -(c) Home energy rating services shall not be performed in this state unless the services have been certified, if such a certification program is available, by the commission to be in compliance with the program criteria specified in subdivision (a) and, in addition, are in conformity with any other applicable element of the program. -(d) The commission shall consult with the agencies and organizations described in subdivision (b), to facilitate a public information program to inform homeowners, rental property owners, renters, sellers, and others of the existence of the statewide home energy rating program adopted by the commission. -(e) The commission shall, as part of the biennial report prepared pursuant to Section 25302, report on the progress made to implement a statewide home energy rating program. The report shall include an evaluation of the energy savings attributable to the program, and a recommendation concerning which means and methods will be most efficient and cost-effective to induce home energy ratings for residential dwellings. -(f) For existing single-family residential dwellings and multifamily residential dwellings with up to four units, the commission shall do both of the following in administering the statewide home energy rating program: -(1) Ensure energy assessment tools -used -approved -by the commission are routinely adjusted to improve modeling accuracy. -(2) Ensure that consumers receive a notice with the output of the energy assessment tools explaining the assumptions used in the energy assessment tools and how they may differ from actual usage patterns.","(1) Existing law requires the State Energy Resources Conservation and Development Commission to prescribe, by regulation, lighting, insulation climate control system, and other building design and construction standards that increase the efficiency in the use of energy and water for new residential and new nonresidential buildings. Existing law also requires the commission to prescribe, by regulation, energy and water conservation design standards for new residential and new nonresidential buildings. In order to implement these requirements, existing law requires the commission to develop a public domain computer program that enables contractors, builders, architects, engineers, and government officials to estimate energy consumed by residential and nonresidential buildings. -This bill would require the commission to approve and make publicly available, not less than 6 months prior to the effective date of adopted or updated efficiency standards, a version of the public domain computer program that will function properly with these adopted or updated standards. The bill would require the commission, before approving the public domain computer program for use with adopted or updated standards, to perform preliminary tests of the public domain computer program using common examples of residential and nonresidential buildings and building systems to ensure the usability of the program. The bill would require the commission to make the results of those preliminary tests publicly available. -(2) Existing law requires the commission to establish criteria for adopting a statewide home energy rating program for residential dwellings. -For existing single-family residential dwellings and multifamily residential dwellings with up to 4 units, this bill would require the commission, in administering the statewide home energy rating program, to ensure that energy assessment tools -used -approved -by the commission are routinely adjusted to improve modeling accuracy and to ensure that consumers receive a notice with the output of the energy assessment tools explaining the assumptions used in the energy assessment tools and how they may differ from actual usage patterns.","An act to amend Sections 25402.1 and 25942 of the Public Resources Code, relating to energy." -700,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The Safe Neighborhoods and Schools Act, approved as Proposition 47 by the voters at the November 4, 2014, statewide general election (the act), made significant changes to the state’s criminal justice system by reducing the penalties for certain nonviolent, nonserious drug and property crimes. The act requires the state savings realized from these criminal justice changes to be deposited in the Safe Neighborhoods and Schools Fund and spent on prevention and support services with the intent of reducing crime, including truancy and dropout prevention. -(b) The act requires 25 percent of the moneys deposited in the Safe Neighborhoods and Schools Fund to be allocated to the State Department of Education for administration of a grant program to reduce truancy and support pupils who are at risk of dropping out of school or who are victims of crime. -(c) In accordance with the act, the funding provided to K–12 education should be used to help build the capacity of local educational agencies to identify and implement evidence-based, nonpunitive programs and practices to keep our most vulnerable pupils in school, consistent with each local educational agency’s local control and accountability plan, including, but not limited to, its goals for pupil engagement and school climate. -(d) California needs to increase the knowledge base concerning which strategies are most effective for improving pupil success and eliminating the school-to-prison pipeline, including, but not necessarily limited to, providing resources to local educational agencies to establish community schools and address pupil attendance problems in kindergarten and grades 1 to 3, inclusive. One manner in which this can be accomplished is for the local educational agencies participating in the K–12 education grant program pursuant to the act to report and evaluate outcomes using multiple measures, while engaging in a broader community of practice that disseminates promising and proven strategies to local educational agencies statewide. -SEC. 2. -Article 10 (commencing with Section 33430) is added to Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code, to read: -Article 10. The Learning Communities for School Success Program -33430. -The Learning Communities for School Success Program is hereby established for the purpose of implementing, pursuant to paragraph (1) of subdivision (a) of Section 7599.2 of the Government Code, the K–12 education portion of the Safe Neighborhoods and Schools Act, as approved as Proposition 47 by the voters at the November 4, 2014, statewide general election. Through this program, the department shall administer grants and coordinate assistance to local educational agencies to support the local educational agencies in identifying and implementing evidence-based, nonpunitive programs and practices that are aligned with the goals for pupils contained in each of the local educational agency’s local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. -33431. -(a) A local educational agency that chooses to apply for funding pursuant to this article shall submit an application to the department to receive a grant, in a format and by a date determined by the department. An application submitted to the department by a local educational agency shall include, at a minimum, all of the following: -(1) Information about the pupil and school needs within the local educational agency. -(2) The activities the local educational agency will undertake with the grant funding. -(3) How the activities specified in paragraph (2) support the local educational agency’s goals for pupils contained in its local control and accountability plan. -(4) How the local educational agency will measure outcomes associated with the activities specified in subdivision (e) and metrics reported in the local educational agency’s local control and accountability plan. -(b) An application shall be for three years of grant funding. Consistent with the provisions of this article, the department may establish requirements for grantees to meet at the end of the first and second years of funding in order to receive funding for the remaining grant period. -(c) The department shall determine eligibility for grants and the distribution of grant funding based on all of the following factors: -(1) Pupil and school needs the local educational agency will address with the grant funds. -(2) Number of pupils to be served with the grant funds. -(3) Number, size, and type of participating schools within the local educational agency. -(4) Any challenges the local educational agency experiences in building capacity for fulfilling the purposes of this article. -(5) The unique characteristics of small school districts, given their challenges with economies of scale and access to services in rural locations. -(d) (1) Before the initial application deadline, the department shall conduct targeted outreach to local educational agencies that are likely to be given priority pursuant to subdivision (b) of Section 33432 and shall offer the local educational agencies technical assistance as they develop their grant applications. -(2) The department may provide technical assistance with application development to any local educational agency that requests assistance. This may include assistance from external entities the department may contract with as part of the training and technical assistance structure established pursuant to Section 33433. -(e) The department shall issue application guidelines that include, at a minimum, information about the department’s plans for overall evaluation of the program considering the objectives identified in Section 33434. For purposes of facilitating program evaluation, the department, in consultation with the executive director of the state board, shall identify a set of measures and associated data sources that are deemed valid and reliable for measuring pupil and school outcomes and assessing the benefits of the program. -(f) In meeting the requirements of this section, the department shall consult with stakeholders, including, but not limited to, representatives of local educational agencies, teachers and other school personnel, parents, advocacy organizations with experience working with target vulnerable populations, and parent- and youth-serving community-based organizations. It the intent of the Legislature that stakeholders provide input to the department on the design of the application and review process, including the size of the grant awards. The stakeholders shall not be involved in determining who will be awarded grants. -33432. -(a) A local educational agency that receives a grant shall use the grant funds for planning, implementation, and evaluation of activities in support of evidence-based, nonpunitive programs and practices to keep the state’s most vulnerable pupils in school. These activities shall complement or enhance the actions and services identified to meet the local educational agency’s goals as identified in its local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. These activities may include, but are not limited to, all of the following: -(1) Establishing a community school, as defined in Section 33435. -(2) Implementing activities or programs to improve attendance and reduce chronic absenteeism, including, but not limited to, early warning systems or early intervention programs. -(3) Implementing restorative practices, restorative justice models, or other programs to improve retention rates, reduce suspensions and other school removals, and reduce the referral of pupils to law enforcement agencies. -(4) Implementing activities that advance social-emotional learning, positive behavior interventions and supports, culturally responsive practices, and trauma-informed strategies. -(5) Establishing partnerships with community-based organizations or other relevant entities to support the implementation of evidence-based, nonpunitive approaches to further the goals of the program. -(6) Adding or increasing staff within a local educational agency whose primary purpose is to address ongoing chronic attendance problems, including, but not necessarily limited to, conducting outreach to families and children currently, or at risk of becoming, chronically truant. -(b) In selecting grant recipients pursuant to this article, the department shall give priority to a local educational agency that meets any of the following criteria: -(1) (A) Has a high rate of chronic absenteeism, out-of-school suspension, or school dropout for the general pupil population or for a numerically significant pupil subgroup, as identified in a local control and accountability plan pursuant to paragraphs (2) and (3) of subdivision (a) of Section 52052. -(B) For purposes of this paragraph, “high rate” means a rate that exceeds the state average. -(2) Is located in a community with a high crime rate. -(3) Has a significant representation of foster youth among its pupil enrollment. -(c) A local educational agency that receives a grant shall provide a local contribution of matching expenditures equal to at least 20 percent of the total grant award. This local contribution can be from cash expenditures or in-kind contributions. A local educational agency is encouraged to exceed the 20-percent match requirement to enable the local educational agency to sustain the activities or programs established under this article beyond the three-year grant period. -(d) A local educational agency that receives a grant shall use the grant funds to increase or improve services that the local educational agency currently provides for purposes specified in this article. -(e) A local educational agency shall not use grant funds to pay for law enforcement activities, including personnel or equipment. -33433. -(a) The department shall use the funding the Safe Neighborhoods and Schools Act authorizes for administrative costs pursuant to subdivision (b) of Section 7599.2 of the Government Code, which is no more than 5 percent of the annual funding the department receives from the Safe Neighborhoods and Schools Fund, for the administrative costs of implementing this article, including, but not limited to, administering grant awards, coordinating the training and technical assistance structure described in subdivision (b), and completing the evaluation pursuant to Section 33434. -(b) The department shall establish a structure to deliver training and technical assistance to grantees using regional workshops and technical assistance providers that have expertise on pupil engagement, school climate, truancy reduction, and supporting pupils who are at risk of dropping out of school or who are victims of crime. The department may contract with those providers to assist the grantees as well as to serve as a resource for other local educational agencies that may use their own funding sources to engage in this community of practice. Technical assistance provided pursuant to this subdivision shall be consistent with the technical assistance provided to a local educational agency by the county superintendent of schools or the Superintendent, as appropriate, in the development of the local control and accountability plan. -33434. -(a) A local educational agency that receives grant funding pursuant to this article shall evaluate and report to the governing board of the school district, the county board of education, or its chartering authority, as applicable, and the department the results of the activities it undertakes pursuant to this article. The department shall compile information from grantee reports as part of an overall evaluation of the grant program implementation. The department shall assess the benefits of participation in the program and identify the pupil and school outcomes associated with the strategies and programs implemented by grantees. The department shall submit an interim report of preliminary evaluation findings to the Legislature on or before January 31, 2019, and a final evaluation report to the Legislature on or before January 31, 2020. -(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. -(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 31, 2024. -33435. -For purposes of this article, the following definitions apply: -(a) “Community school” means a public school that participates in a community-based effort to coordinate and integrate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships with one or more community partners for the delivery of community services that may be provided at a schoolsite to pupils, families, and community members. -(b) “Local educational agency” means a school district, county office of education, or charter school. -33436. -This article shall not become operative unless funds are appropriated in the annual Budget Act or another statute to the Safe Neighborhoods and Schools Fund in accordance with the Safe Neighborhoods and Schools Act for the purposes specified in this article. -SEC. 3. -Sections 1 and 2 of this act shall become operative only if Senate Bill No. 527 of the 2015–16 Regular Session is chaptered and becomes operative on or before January 1, 2017.","Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, among other things, established the Safe Neighborhoods and Schools Fund, a continuously appropriated fund, which is funded by savings that accrue to the state from the implementation of the act. The act provides that, among other purposes, 25% of the funds shall be disbursed to the State Department of Education to administer a grant program to public agencies aimed at improving outcomes for public school pupils by reducing truancy and supporting pupils who are at risk of dropping out of school or are victims of crime. -This bill would establish the Learning Communities for School Success Program for the purpose of implementing that grant program, subject to an appropriation to the Safe Neighborhoods and Schools Fund in the annual Budget Act or another statute for the purposes of the bill. The bill would specify the administrative duties and responsibilities of the department with respect to the program, including administering grants and coordinating assistance to local educational agencies, as defined. The bill would set forth criteria to guide the department in awarding grants under the program, and would specify the purposes for which grant funds may be used. The bill would require the department to submit a final evaluation of the program to the Legislature on or before January 31, 2020. -These provisions would become operative only if SB 527 of the 2015–16 Regular Session is chaptered and becomes operative on or before January 1, 2017.","An act to add Article 10 (commencing with Section 33430) to Chapter 3 of Part 20 of Division 2 of Title 2 of, and to repeal Section 33434 of, the Education Code, relating to education finance." -701,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares that it is necessary to provide the public the means to determine which charitable entities providing supportive services to veterans meet certain minimum standards of cultural competency and financial legitimacy. -(b) It is the intent of the Legislature to establish a voluntary certification program whereby the Department of Veterans Affairs will certify that certain charitable entities providing supportive services to veterans meet minimum standards. -(c) It is further the intent of the Legislature that the Secretary of the Department of Veterans Affairs consider whether it would be beneficial to the people of the State of California to, in the future, establish a uniform process for state contracting that provides a preference to entities certified by the department pursuant to Section 999.75 of the Military and Veterans Code under a state contract or grant for supportive services to veterans or their families. -SEC. 2. -Article 8 (commencing with Section 999.75) is added to Chapter 6 of Division 4 of the Military and Veterans Code, to read: -Article 8. Veterans Preference For State Services Contracts -999.75. -For purposes of this article, both of the following shall apply: -(a) A “certified California veteran service provider” means an entity that is certified by the department as having an established history of providing supportive services and that meets all of the following requirements: -(1) Provides at least -three -two -of the following supportive services: housing assistance, health services, mental health services, small business assistance, employment services, and job training services to veterans and their families. -(2) -Demonstrates -Demonstrates, through the submission of appropriate supporting data, that the veteran service provider has -the knowledge, experience, and cultural competency to provide supportive services to veterans and their families. -(3) Demonstrates through audits and employment history the fiscal and management capacity to capably perform supportive services to veterans and their families. -(4) Is a nonprofit organization that is exempt from federal income taxation as an organization described in Section 501(c)(3) or Section 501(c)(19) of the Internal Revenue Code. -(5) Demonstrates through the submission of appropriate supporting data that the entity has effectively served the needs of -veteran or veteran family clients. -veterans and their families. -(6) Demonstrates that all required filings with the Secretary of State, the office of the Attorney General, and the Franchise Tax Board are current. Demonstrates that the entity meets or exceeds the provisions of Article 1.3 (commencing with Section 17510) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code and complies with the standards included in the Attorney General’s Guide for Charities. -(b) A certified California veteran service provider shall provide to the department all of the following up-to-date documents upon application for certification and at any time during the certification period on request and reasonable notice by the department: -(1) Articles of incorporation and all amendments to the articles of incorporation. -(2) IRS Letter of Determination. -(3) Taxpayer identification number. -(4) Independent audit reports dating back three years. -(c) (1) In order to obtain certification as a certified California veteran service provider, the applicant shall apply to the department, in a form and manner as required by the department. -(2) Beginning -July 1, 2017, -January 1, 2018, -the department shall begin processing and approving or rejecting all applications on the basis of the requirements set forth in subdivision (a). -(d) The department shall maintain a list of certified California veteran service providers on its Internet Web site, including the type of supportive services provided by the providers. -(e) On or before April 1, 2017, the department shall provide the Committee on Veterans Affairs in both houses of the Legislature with a progress report on the status of the regulations required by -subdivision (d). -Section 999.76. -999.76. -(a) A certification approved by the department shall be valid for three years from the date the department accepts credentials for certification unless the department decertifies the certified California veteran service provider. -(b) The department may accept current certifications and licenses from any other state entity, agency, or department in order to provide a certification of a certified California veteran service provider pursuant to Section 999.75. -(c) The department may accept an organization’s status as a congressionally chartered veterans service organization as support for certification of a certified California veteran service provider pursuant to Section 999.75. -(d) No later than July 1, 2017, the department shall adopt rules, procedures, and regulations as necessary to -certify a veteran service provider, and to -decertify a certified California veteran service provider prior to the expiration of a current certification when the certified California veteran service provider no longer meets the requirements set forth in Section 999.75. -(e) The department shall adopt a fee to defray the department’s reasonable cost of certification, not to exceed seven hundred fifty dollars ($750).","Existing law provides for certain services, protections, and benefits for veterans. Existing law establishes a 3-percent participation goal for disabled veteran business enterprises in state procurement. -This bill would allow entities meeting specified requirements to apply to the Department of Veterans Affairs to become certified California veteran service providers. The bill would require the department to maintain a list of certified California veteran service providers on its Internet Web site, including the type of supportive services provided by the providers. The bill would require that certification would remain valid for 3 years unless the entity is decertified by the department. The bill would require the department, no later than July 1, 2017, to adopt rules, procedures, and regulations as necessary to -certify an entity, and to -decertify an entity if it no longer meets the requirements to be a certified California veteran service provider. -The bill would require the department to adopt a fee to defray the department’s reasonable cost of certification not to exceed $750.","An act to add Article 8 (commencing with Section 999.75) to Chapter 6 of Division 4 of the Military and Veterans Code, relating to veterans." -702,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 60501 of the Revenue and Taxation Code is amended to read: -60501. -Persons who have paid a tax for diesel fuel lost, sold, or removed as provided in paragraph (4) of subdivision (a), or used in a nontaxable use, other than on a farm for farming purposes or in an exempt bus operation, shall, except as otherwise provided in this part, be reimbursed and repaid the amount of the tax. -(a) Except as otherwise provided in subdivision (b), a claim for refund with respect to diesel fuel is allowed under this section only if all of the following apply: -(1) Tax was imposed on the diesel fuel to which the claim relates. -(2) The claimant bought or produced the diesel fuel and did not sell or resell it in this state except as provided in paragraph (4). -(3) The claimant has filed a timely claim for refund that contains the information required under subdivision (b) and the claim is supported by the original invoice or original invoice facsimile retained in an alternative storage media showing the purchase. If no original invoice was created, electronic invoicing shall be accepted as reflected by a computerized facsimile when accompanied by an original copy of the bill of lading or fuel manifest that can be directly tied to the electronic invoice. -(4) The diesel fuel was any of the following: -(A) Used for purposes other than operating motor vehicles upon the public highways of the state. -(B) Exported for use outside of this state. Diesel fuel carried from this state in the fuel tank of a motor vehicle is not deemed to be exported from this state unless the diesel fuel becomes subject to tax as an import under the laws of the destination state. -(C) Used in any construction equipment that is exempt from vehicle registration pursuant to the Vehicle Code, while operated within the confines and limits of a construction project. -(D) Used in the operation of a motor vehicle on any highway that is under the jurisdiction of the United States Department of Agriculture and with respect to the use of the highway the claimant pays, or contributes to, the cost of construction or maintenance thereof pursuant to an agreement with, or permission of, the United States Department of Agriculture. -(E) Used in any motor vehicle owned by any county, city and county, city, district, or other political subdivision or public agency when operated by it over any highway constructed and maintained by the United States or any department or agency thereof within a military reservation in this state. If the motor vehicle is operated both over the highway and over a public highway outside the military reservation in a continuous trip the tax shall not be refunded as to that portion of the diesel fuel used to operate the vehicle over the public highway outside the military reservation. -Nothing contained in this section shall be construed as a refund of the tax for the use of diesel fuel in any motor vehicle operated upon a public highway within a military reservation, which highway is constructed or maintained by this state or any political subdivision thereof. -As used in this section, “military reservation” includes any establishment of the United States Government or any agency thereof used by the Armed Forces of the United States for military, air, or naval operations, including research projects. -(F) Sold by a supplier and which was sold to any consulate officer or consulate employee under circumstances which would have entitled the supplier to an exemption under paragraph (6) of subdivision (a) of Section 60100 if the supplier had sold the diesel fuel directly to the consulate officer or consulate employee. -(G) Lost in the ordinary course of handling, transportation, or storage. -(H) (i) Sold by a person to the United States and its agencies and instrumentalities under circumstances that would have entitled that person to an exemption from the payment of diesel fuel tax under Section 60100 had that person been the supplier of this diesel fuel. -(ii) Sold by a supplier and which was sold by credit card to the United States and its agencies and instrumentalities under circumstances which would have entitled the supplier to an exemption under Section 60100 if the supplier had sold the diesel fuel directly to the United States and its agencies and instrumentalities. -(I) Sold by a person to a train operator for use in a diesel-powered train or for other off-highway use under circumstances that would have entitled that person to an exemption from the payment of diesel fuel tax under Section 60100 had that person been the supplier of this diesel fuel. -(J) Removed from an approved terminal at the terminal rack, but only to the extent that the supplier can show that the tax on the same amount of diesel fuel has been paid more than one time by the same supplier. -(b) Where tax is not imposed on dyed blended biodiesel fuel upon removal from an approved terminal at the terminal rack, if tax was previously imposed on the biodiesel fuel portion of the dyed blended biodiesel fuel, then, pursuant to paragraph (1) of subdivision (a), a claim for refund is allowed for the tax that was paid on that biodiesel fuel, but only to the extent a supplier can show that the tax on that biodiesel fuel has been paid by the same supplier. -(c) Each claim for refund under this section shall contain the following information with respect to all of the diesel fuel covered by the claim: -(1) The name, address, telephone number, and permit number of the person that sold the diesel fuel to the claimant and the date of the purchase. -(2) A statement by the claimant that the diesel fuel covered by the claim did not contain visible evidence of dye. -(3) A statement, which may appear on the invoice, original invoice facsimile, or similar document, by the person that sold the diesel fuel to the claimant that the diesel fuel sold did not contain visible evidence of dye. -(4) The total amount of diesel fuel covered by the claim. -(5) The use made of the diesel fuel covered by the claim described by reference to specific categories listed in paragraph (4) of subdivision (a). -(6) If the diesel fuel covered by the claim was exported, a statement that the claimant has the proof of exportation. -(d) Each claim for refund under this section shall be made on a form prescribed by the board and shall be filed for a calendar year. If, at the close of any of the first three quarters of the calendar year, more than seven hundred fifty dollars ($750) is refundable under this section with respect to diesel fuel used or exported during that quarter or any prior quarter during the calendar year, and for which no other claim has been filed, a claim may be filed for the quarterly period. To facilitate the administration of this section, the board may require the filing of claims for refund for other than yearly periods. -SEC. 2. -Section 60505.5 of the Revenue and Taxation Code is amended to read: -60505.5. -The claim for refund forms prescribed in subdivision (d) of Section 60501 and subdivision (d) of Section 60502 may include, but not be limited to, electronic media. The claim for refund forms shall be authenticated in a form or pursuant to methods as may be prescribed by the board.","The Diesel Fuel Tax Law imposes a tax upon the removal, entry, sale, delivery, or specified use of diesel fuel, at a specified rate per gallon. That law provides for a reimbursement of the amount of that tax to persons who have used that tax-paid fuel in specified nontaxable uses, which is allowed through a claim for refund. -This bill would allow a claim for refund for amounts of tax paid on the biodiesel fuel portion of dyed blended biodiesel fuel removed from an approved terminal at the terminal rack, as provided, to the extent a supplier can show that the tax on that biodiesel fuel has been paid by the same supplier.","An act to amend Sections 60501 and 60505.5 of the Revenue and Taxation Code, relating to taxation." -703,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11346.3 of the Government Code is amended to read: -11346.3. -(a) A state agency proposing to adopt, amend, or repeal any administrative regulation shall assess the potential for adverse economic impact on California business enterprises and individuals, avoiding the imposition of unnecessary or unreasonable regulations or reporting, recordkeeping, or compliance requirements. For purposes of this subdivision, assessing the potential for adverse economic impact shall require agencies, when proposing to adopt, amend, or repeal a regulation, to adhere to the following requirements, to the extent that these requirements do not conflict with other state or federal laws: -(1) The proposed adoption, amendment, or repeal of a regulation shall be based on adequate information concerning the need for, and consequences of, proposed governmental action. -(2) The state agency, prior to submitting a proposal to adopt, amend, or repeal a regulation to the office, shall consider the proposal’s impact on business, with consideration of industries affected including the ability of California businesses to compete with businesses in other states. For purposes of evaluating the impact on the ability of California businesses to compete with businesses in other states, an agency shall consider, but not be limited to, information supplied by interested parties. -(3) An economic impact assessment prepared pursuant to this subdivision for a proposed regulation that is not a major regulation or that is a major regulation proposed prior to November 1, 2013, shall be prepared in accordance with subdivision (b), and shall be included in the initial statement of reasons as required by Section 11346.2. An economic assessment prepared pursuant to this subdivision for a major regulation proposed on or after November 1, 2013, shall be prepared in accordance with subdivision (c), and shall be included in the initial statement of reasons as required by Section 11346.2. -(b) (1) A state agency proposing to adopt, amend, or repeal a regulation that is not a major regulation or that is a major regulation proposed prior to November 1, 2013, shall prepare an economic impact assessment that assesses whether and to what extent it will affect the following: -(A) The creation or elimination of jobs within the state. -(B) The creation of new businesses or the elimination of existing businesses within the state. -(C) The expansion of businesses currently doing business within the state. -(D) The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. -(2) This subdivision does not apply to the University of California, the Hastings College of the Law, or the Fair Political Practices Commission. -(3) Information required from a state agency for the purpose of completing the assessment may come from existing state publications. -(4) (A) For purposes of conducting the economic impact assessment pursuant to this subdivision, a state agency may use the consolidated definition of small business in subparagraph (B) in order to determine the number of small businesses within the economy, a specific industry sector, or geographic region. The state agency shall clearly identify the use of the consolidated small business definition in its rulemaking package. -(B) For the exclusive purpose of undertaking the economic impact assessment, a “small business” means a business that is all of the following: -(i) Independently owned and operated. -(ii) Not dominant in its field of operation. -(iii) Has fewer than 100 employees. -(C) Subparagraph (A) shall not apply to a regulation adopted by the Department of Insurance that applies to an insurance company. -(c) (1) Each state agency proposing to adopt, amend, or repeal a major regulation on or after November 1, 2013, shall prepare a standardized regulatory impact analysis in the manner prescribed by the Department of Finance pursuant to Section 11346.36. The standardized regulatory impact analysis shall address all of the following: -(A) The creation or elimination of jobs within the state. -(B) The creation of new businesses or the elimination of existing businesses within the state. -(C) The competitive advantages or disadvantages for businesses currently doing business within the state. -(D) The increase or decrease of investment in the state. -(E) The incentives for innovation in products, materials, or processes. -(F) The benefits of the regulations, including, but not limited to, benefits to the health, safety, and welfare of California residents, worker safety, and the state’s environment and quality of life, among any other benefits identified by the agency. -(2) This subdivision shall not apply to the University of California, the Hastings College of the Law, or the Fair Political Practices Commission. -(3) Information required from state agencies for the purpose of completing the analysis may be derived from existing state, federal, or academic publications. -(d) Any administrative regulation adopted on or after January 1, 1993, that requires a report shall not apply to businesses, unless the state agency adopting the regulation makes a finding that it is necessary for the health, safety, or welfare of the people of the state that the regulation apply to businesses. -(e) Analyses conducted pursuant to this section are intended to provide agencies and the public with tools to determine whether the regulatory proposal is an efficient and effective means of implementing the policy decisions enacted in statute or by other provisions of law in the least burdensome manner. Regulatory impact analyses shall inform the agencies and the public of the economic consequences of regulatory choices, not reassess statutory policy. The baseline for the regulatory analysis shall be the most cost-effective set of regulatory measures that are equally effective in achieving the purpose of the regulation in a manner that ensures full compliance with the authorizing statute or other law being implemented or made specific by the proposed regulation. -(f) Each state agency proposing to adopt, amend, or repeal a major regulation on or after November 1, 2013, and that has prepared a standardized regulatory impact analysis pursuant to subdivision (c), shall submit that analysis to the Department of Finance upon completion. The department shall comment, within 30 days of receiving that analysis, on the extent to which the analysis adheres to the regulations adopted pursuant to Section 11346.36. Upon receiving the comments from the department, the agency may update its analysis to reflect any comments received from the department and shall summarize the comments and the response of the agency along with a statement of the results of the updated analysis for the statement required by paragraph (10) of subdivision (a) of Section 11346.5.","Existing law, the Administrative Procedure Act, governs, among other things, the procedures for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law requires a state agency proposing to adopt, amend, or repeal specific administrative regulations to assess the potential for adverse economic impact on California business enterprises and individuals and to prepare an economic impact assessment, as specified, that addresses, among other things, the creation or elimination of jobs within the state. -This bill would, with certain exceptions, authorize a state agency, when preparing the economic impact assessment, to use a consolidated definition of small business to determine the number of small businesses within the economy, a specific industry sector, or geographic region, and would define “small business” for that purpose as a business that is independently owned and operated, not dominant in its field of operation, and has fewer than 100 employees.","An act to amend Section 11346.3 of the Government Code, relating to state agency regulations." -704,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 23356.2 of the Business and Professions Code is amended to read: -23356.2. -(a) No license or permit shall be required for the manufacture of beer or wine for personal or family use, and not for sale, by a person over 21 years of age. The aggregate amount of beer or wine with respect to any household shall not exceed (1) 100 gallons per calendar year if there is only one adult in the household or (2) 200 gallons per calendar year if there are two or more adults in the household. -(b) Beer or wine produced pursuant to this section may be removed from the premises where made only under any of the following circumstances: -(1) For use, including in a bona fide competition or judging or a bona fide exhibition or tasting. -(2) For personal or family use. -(3) When donated to a nonprofit organization for use as provided in subdivision (c) or (d). -(4) Beer or wine produced pursuant to this section may only be provided or served to the public pursuant to paragraphs (1) and (3) within a clearly identified area, that includes, but is not limited to, a physical barrier with a monitored point of entry. Beer or wine produced by a beer manufacturer or winegrower as defined in Sections 23012 and 23013, respectively, and licensed by the department, shall not be provided or served to the public within this area. -(c) (1) Beer or wine produced pursuant to this section may be donated to a nonprofit organization for sale at fundraising events conducted solely by and for the benefit of the nonprofit organization. Beer and wine donated pursuant to this subdivision may be sold by the nonprofit organization only for consumption on the premises of the fundraising event, under a license issued by the department to the nonprofit organization pursuant to this division. -A nonprofit organization that auctions donated beer or wine at a fundraising event that has a value of less than ____ dollars ($____) shall not be required to obtain a license issued by the department pursuant to this division. -(2) Beer or wine donated and sold pursuant to this subdivision shall bear a label identifying its producer and stating that the beer or wine is homemade and not available for sale or for consumption off the licensed premises. The beer or wine is not required to comply with other labeling requirements under this division. However, nothing in this paragraph authorizes the use of any false or misleading information on a beer or wine label. -(3) A nonprofit organization established for the purpose of promoting home production of beer or wine, or whose membership is composed primarily of home brewers or home winemakers, shall not be eligible to sell beer pursuant to this subdivision. -(d) A nonprofit organization established for the purpose of promoting home production of beer shall be eligible to serve beer at a fundraising event conducted solely for the benefit of the nonprofit organization pursuant to this subdivision, subject to the following conditions: -(1) The beer that is served is donated by home brewers. -(2) The nonprofit organization shall be issued no more than two permits per calendar year for the serving of beer pursuant to this subdivision. -(3) The nonprofit organization shall display a printed notice at the event that states that home brewed beer is not a regulated product subject to health and safety standards. -(4) The event shall have an educational component that includes instruction on the subject of beer, including, but not limited to, the history, nature, values, and characteristics of beer, the use of beer lists, and the methods of presenting and serving beer. -(5) Only bona fide members of the nonprofit organization may attend the event. -(6) The nonprofit organization shall not solicit or sign up individuals to be members of the nonprofit organization on the day of the event at the event premises. -(7) The nonprofit organization shall provide the department with the number of members that have registered for the event and the estimated number that will be in attendance, 48 hours before the event. This paragraph shall apply only if more than 50 members are expected to be in attendance at the event. -(e) Except as provided in subdivision (c), this section does not authorize the sale or offering for sale by any person of any beer or wine produced pursuant to this section. -(f) Except as provided herein, nothing in this section authorizes any activity in violation of Section 23300, 23355, or 23399.1. -SECTION 1. -Section 24045.2 of the -Business and Professions Code -is amended to read: -24045.2. -(a)The department may issue a special temporary retail package off-sale beer and wine license to: (1) a television station, supported wholly or in part by public membership subscription, which is a nonprofit, charitable corporation exempt from payment of income taxes under the provisions of the Internal Revenue Code of 1954 of the United States, or (2) a nonprofit, charitable corporation exempt from payment of income taxes under the provisions of the Internal Revenue Code of 1954 of the United States that receives and administers donations for a noncommercial, educational television station, or public broadcasting station supported wholly or in part by public membership subscription. An applicant for this license shall accompany the application with a fee of one hundred dollars ($100). -(b)A license issued pursuant to this section shall only entitle the licensee to sell at auction beer and wine donated to it. Notwithstanding any other provision, a licensee may donate beer, wine, or both beer and wine to a corporation licensed under this section, provided donations are not made in connection with a sale of an alcoholic beverage. -(c)This license shall be for a period not exceeding 30 days. Only one license shall be issued to any corporation in a calendar year.","The Alcoholic Beverage Control Act authorizes -the issuance of a special temporary retail package off-sale beer and wine license to a television station, supported wholly or in part by public membership subscription, which is a nonprofit, charitable corporation, as provided, or to a nonprofit, charitable corporation that receives and administers donations for a noncommercial, educational television station, or public broadcasting station supported wholly or in part by public membership subscription, as provided, subject to specified restrictions -a person to manufacture beer or wine for personal or family use without the need for a license or permit, as provided. Existing law authorizes the removal of beer or wine from the premises where made for personal or family use, for specified purposes, including for donation to a nonprofit organization for sale at a fundraising event -. -This bill would -make nonsubstantive changes to this provision -provide that a nonprofit organization that auctions this type of donated beer or wine that has a value of less than -$____ is not required to obtain a license issued under the act for the sale of that beer or wine -.","An act to amend Section -24045.2 -23356.2 -of the Business and Professions Code, relating to alcoholic beverages." -705,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) With the enactment of the California Integrated Waste Management Act of 1989 (Division 30 (commencing with Section 40000) of the Public Resources Code), the Legislature declared that the Department of Resources Recycling and Recovery and local agencies shall promote composting. -(b) Since the enactment of the act, local governments and private industries have worked jointly to create an extensive material collection infrastructure and have implemented effective programs to achieve a statewide diversion rate greater than 50 percent. -(c) Although California now leads the nation in waste reduction and recycling, the state continues to dispose of more than 15 million tons of compostable organics each year in solid waste landfills. -(d) Composting organic materials results in substantial environmental and agricultural benefits, including the reduction of naturally occurring volatile organic compounds and ammonia. -(e) The Economic and Technology Advancement Advisory Committee, formed pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), has identified composting as a cost-effective technology for reducing greenhouse gas emissions. -(f) The application of compost in agriculture and landscaping has been shown to offer significant soil-carbon sequestration and water quality benefits, provide erosion control, reduce the need for synthetic fertilizers and pesticides, and conserve water and irrigation-associated energy. -(g) In 2007, the department’s predecessor agency adopted Strategic Directive 6.1 to reduce the amount of organics in the waste stream by 50 percent by the year 2020. -(h) In 2014, the state required organic waste generators that produce four cubic yards or more of organic waste a week to arrange to recycle this material (Chapter 12.9 (commencing with Section 42649.8) of the Public Resources Code). -(i) To reduce the amount of organics in landfills, the state must promote the development and permitting of composting facilities and ensure that state regulations account for the lifecycle emissions reduction and water quality benefits of compost, while continuing to protect air and water quality. -SEC. 2. -Section 42649.87 is added to the Public Resources Code, to read: -42649.87. -(a) The California Environmental Protection Agency, in coordination with the department, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, shall develop and implement policies to aid in diverting organic waste from landfills by promoting the use of agricultural, forestry, and urban organic waste as a feedstock for compost and by promoting the appropriate use of that compost throughout the state. -(b) In developing policies pursuant to subdivision (a), the California Environmental Protection Agency shall promote a goal of reducing at least five million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, which include, but are not limited to, agricultural land, land used for forestry, and rangeland. The California Environmental Protection Agency shall work with the Department of Food and Agriculture to achieve this goal. -(c) The California Secretary for Environmental Protection Agency and the Secretary of Food and Agriculture shall ensure proper coordination of agency regulations and goals to implement this section. The California Environmental Protection Agency and the Department of Food and Agriculture, with the department, the State Water Resources Control Board, and the State Air Resources Board shall do all of the following: -(1) Assess the state’s progress towards developing the organic waste processing and recycling infrastructure necessary to meet the state goals specified in Assembly Bill 341 (Chapter 476 of the Statutes of 2011), Assembly Bill 1826 (Chapter 727 of the Statutes of 2014), the State Air Resources Board’s May 2015 Short-Lived Climate Pollutant Reduction Strategy concept paper, and the Department of Food and Agriculture’s Healthy Soils Initiative. -(2) Meet at least quarterly and consult with interested stakeholders, including, but not limited to, the compost industry, local governments, and environmental organizations, to encourage the continued viability of the state’s organic waste processing and recycling infrastructure. -(3) Hold at least one public workshop annually to inform the public of actions taken to implement this section and to receive public comment. -(4) Develop recommendations for promoting organic waste processing and recycling infrastructure statewide, which shall be posted on the California Environmental Protection Agency’s Internet Web site no later than January 1, 2017, and updated annually thereafter. -(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 3. -Section 43032 is added to the Public Resources Code, to read: -43032. -(a) The department, in coordination with the State Air Resources Board and the State Water Resources Control Board, shall develop a policy that promotes the development of coordinated permitting and regulation of composting facilities while protecting the environment. -(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.","(1) The existing California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. Existing law requires each city, county, city and county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan. Those entities are required to divert 50% of all solid waste through source reduction, recycling, and composting. -This bill would require the California Environmental Protection Agency, in coordination with the department, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, to develop and implement policies to aid in diverting organic waste from landfills by promoting the composting of specified organic waste and by promoting the appropriate use of that compost throughout the state. The bill would require the agency to promote a goal of reducing at least 5 million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, and would require the agency to work with the Department of Food and Agriculture to achieve this goal. The bill would also require the Secretary for Environmental Protection and the Secretary of Food and Agriculture to ensure proper coordination of agency regulations and goals to implement these requirements and would require the agency and the Department of Food and Agriculture, with the department, the State Water Resources Control Board, and the State Air Resources Board, to perform other specified functions. The bill would repeal these provisions on January 1, 2021. -(2) Existing law requires the Department of Resources Recycling and Recovery to adopt regulations relating to waste management, including standards for the design, operation, maintenance, and ultimate reuse of solid waste facilities, and for solid waste handling, transfer, composting, transformation, and disposal. Existing law prohibits the solid waste handling, transfer, composting, transformation, and disposal standards from including any requirement that is under the authority of the State Air Resources Board for the prevention of air pollution or the State Water Resources Control Board for the prevention of water pollution and prohibits the solid waste facilities standards from including aspects of solid waste handling and disposal that are within the jurisdiction of the State Air Resources Board, air pollution control districts, and air quality management districts, or the State Water Resources Control Board or a regional water district. -Existing law prohibits a person from discharging a quantity of air contaminants or other material that causes injury, detriment, nuisance, or annoyance to the public, or that endangers the comfort, repose, health, or safety of the public, or that causes injury or damage to business or property, except as provided. -Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with responsibility for the coordination and control of water quality in the state. The act, with certain exceptions, requires a waste discharger to file certain information with the appropriate regional board and to pay an annual fee. -This bill would require, until January 1, 2021, the Department of Resources Recycling and Recovery, in coordination with the State Air Resources Board and the State Water Resources Control Board, to develop a policy that promotes the development of coordinated permitting and regulation of composting facilities while protecting the environment.","An act to add and repeal Sections 42649.87 and 43032 to the Public Resources Code, relating to solid waste." -706,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7612 of the Family Code is amended to read: -7612. -(a) Except as provided in Chapter 1 (commencing with Section 7540) and Chapter 3 (commencing with Section 7570) of Part 2 or in Section 20102, a presumption under Section 7611 is a rebuttable presumption affecting the burden of proof and may be rebutted in an appropriate action only by clear and convincing evidence. -(b) If two or more presumptions arise under Section 7610 or 7611 that conflict with each other, or if a presumption under Section 7611 conflicts with a claim pursuant to Section 7610, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. -(c) In an appropriate action, a court may find that more than two persons with a claim to parentage under this division are parents if the court finds that recognizing only two parents would be detrimental to the child. In determining detriment to the child, the court shall consider all relevant factors, including, but not limited to, the harm of removing the child from a stable placement with a parent who has fulfilled the child’s physical needs and the child’s psychological needs for care and affection, and who has assumed that role for a substantial period of time. A finding of detriment to the child does not require a finding of unfitness of any of the parents or persons with a claim to parentage. -(d) Unless a court orders otherwise after making the determination specified in subdivision (c), a presumption under Section 7611 is rebutted by a judgment establishing parentage of the child by another person. -(e) Within two years of the execution of a voluntary declaration of paternity, a person who is presumed to be a parent under Section 7611 may file a petition pursuant to Section 7630 to set aside a voluntary declaration of paternity. The court’s ruling on the petition to set aside the voluntary declaration of paternity shall be made taking into account the validity of the voluntary declaration of paternity, and the best interests of the child based upon the court’s consideration of the factors set forth in subdivision (b) of Section 7575, as well as the best interests of the child based upon the nature, duration, and quality of the petitioning party’s relationship with the child and the benefit or detriment to the child of continuing that relationship. In the event of any conflict between the presumption under Section 7611 and the voluntary declaration of paternity, the weightier considerations of policy and logic shall control. -(f) A voluntary declaration of paternity is invalid if, at the time the declaration was signed, any of the following conditions exist: -(1) The child already had a presumed parent under Section 7540. -(2) The child already had a presumed parent under subdivision (a), (b), or (c) of Section 7611. -(3) The man signing the declaration is a sperm donor, consistent with subdivision (b) of Section 7613. -(g) A person’s offer or refusal to sign a voluntary declaration of paternity may be considered as a factor, but shall not be determinative, as to the issue of legal parentage in any proceedings regarding the establishment or termination of parental rights. -SEC. 2. -The heading of Part 7 (commencing with Section 7960) of Division 12 of the Family Code is amended to read: -PART 7. SURROGACY AND DONOR FACILITATORS, ASSISTED REPRODUCTION AGREEMENTS FOR GESTATIONAL CARRIERS, AND OOCYTE DONATIONS -SEC. 3. -Section 7960 of the Family Code is amended to read: -7960. -For purposes of this part, the following terms have the following meanings: -(a) “Assisted reproduction agreement” has the same meaning as defined in subdivision (b) of Section 7606. -(b) “Fund management agreement” means the agreement between the intended parents and the surrogacy or donor facilitator relating to the fee or other valuable consideration for services rendered or that will be rendered by the surrogacy or donor facilitator. -(c) “Intended parent” means an individual, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction. -(d) “Nonattorney surrogacy or donor facilitator” means a surrogacy or donor practitioner who is not an attorney in good standing licensed to practice law in this state. -(e) “Surrogacy or donor facilitator” means a person or organization that engages in either of the following activities: -(1) Advertising for the purpose of soliciting parties to an assisted reproduction agreement or for the donation of oocytes for use by a person other than the provider of the oocytes, or acting as an intermediary between the parties to an assisted reproduction agreement or oocyte donation. -(2) Charging a fee or other valuable consideration for services rendered relating to an assisted reproduction agreement or oocyte donation. -(f) “Surrogate” means a woman who bears and carries a child for another through medically assisted reproduction and pursuant to a written agreement, as set forth in Sections 7606 and 7962. Within the definition of surrogate are two different and distinct types: -(1) “Traditional surrogate” means a woman who agrees to gestate an embryo, in which the woman is the gamete donor and the embryo was created using the sperm of the intended father or a donor arranged by the intended parent or parents. -(2) “Gestational carrier” means a woman who is not an intended parent and who agrees to gestate an embryo that is genetically unrelated to her pursuant to an assisted reproduction agreement. -(g) “Donor” means a woman who provides her oocytes for use by another for the purpose of assisting the recipient of the oocytes in having a child or children of her own. -SEC. 4. -Section 7961 of the Family Code is amended to read: -7961. -(a) A nonattorney surrogacy or donor facilitator shall direct the client to deposit all client funds into either of the following: -(1) An independent, bonded escrow depository maintained by a licensed, independent, bonded escrow company. -(2) A trust account maintained by an attorney. -(b) For purposes of this section, a nonattorney surrogacy or donor facilitator may not have a financial interest in any escrow company holding client funds. A nonattorney surrogacy or donor facilitator and any of its directors or employees shall not be an agent of any escrow company holding client funds. -(c) Client funds may only be disbursed by the attorney or escrow agent as set forth in the assisted reproduction agreement and fund management agreement. -(d) This section shall not apply to funds that are both of the following: -(1) Not provided for in the fund management agreement. -(2) Paid directly to a medical doctor for medical services or a psychologist for psychological services.","Under existing law, a man is conclusively presumed to be the father of a child if he was married to and cohabiting with the child’s mother, except as specified. Existing law also provides that if a man signs a voluntary declaration of paternity, it has the force and effect of a judgment of paternity, subject to certain exceptions. Existing law provides that these presumptions are rebuttable. -This bill would state that a person’s offer or refusal to sign a voluntary declaration of paternity may be considered as a factor, but shall not be determinative as to the issue of legal parentage in any proceedings regarding the establishment or termination of parental rights. -Existing law requires a nonattorney surrogacy facilitator to direct his or her client to deposit client funds in an independent, bonded escrow account or a trust account maintained by an attorney, subject to specified withdrawal requirements. -This bill would additionally require a nonattorney donor facilitator to direct his or her client to deposit client funds, as specified above.","An act to amend Sections 7612, 7960, and 7961 of, and to amend the heading of Part 7 (commencing with Section 7960) of Division 12 of, the Family Code, relating to children." -707,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares the following: -(a) Every day 22 veterans take their own lives. -(b) Thirty percent of veterans have considered suicide. -(b) -The number of veterans who take their own lives is likely much higher as certificates of death do not require veteran status to be listed and may be under reporting the number of suicides. -SEC. 2. -Section 102875 of the Health and Safety Code is amended to read: -102875. -The certificate of death shall be divided into two sections. -(a) The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate: -(1) (A) Personal data concerning decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, -and -occupation and industry or -business. -business, and, commencing July 1, 2016, whether the decedent was ever in the armed forces of the United States. -(B) -Commencing July 1, 2015, a -A -person completing the certificate shall record the decedent’s sex to reflect the decedent’s gender identity. The decedent’s gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a driver’s license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedent’s sex as that which corresponds to the decedent’s gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons. -(C) -Commencing July 1, 2015, if -If -a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of his or her death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent. -(D) -Commencing July 1, 2015, a -A -person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death. -(E) -Commencing July 1, 2015, a -A -person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to him or her prior to the deadlines for completion specified in that section. -(2) Date of death, including month, day, and year. -(3) Place of death. -(4) Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother. -(5) Informant. -(6) Disposition of body information -, -including signature and license number of -embalmer -embalmber, -if -the -body -is -embalmed -embalmed, -or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other -provision of law to the contrary, -law, -an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer. -(7) Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other -provision of law to the contrary, -law, -the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature. -(8) Date accepted for registration and signature of local registrar. Notwithstanding any other -provision of law to the contrary, -law, -the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature. -(b) The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate: -(1) Disease or conditions leading directly to death and antecedent causes. -(2) Operations and major findings thereof. -(3) Accident and injury information. -(4) Information indicating whether the decedent was pregnant at the time of death, or within the year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. This paragraph shall not be interpreted to require the performance of a pregnancy test on a decedent, or to require a review of medical records in order to determine pregnancy. -(5) Commencing July 1, 2016, information indicating whether the cause of death was suicide. This information shall include all methods of suicide, including suicides that involve law enforcement, also known as “suicide by cop.” -SEC. 3. -Section 102791 is added to the Health and Safety Code, to read: -102791. -Commencing July 1, 2016, the local registrar shall make data on veteran suicides available to the Department of Veterans Affairs and the United States Department of Veterans Affairs. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SECTION 1. -Section 800 of the -Military and Veterans Code -is amended to read: -800. -(a)(1)Subject to subdivision (b), in addition to any other benefit provided by law, and to the extent permitted by federal law, any member of the United States Military Reserve or the National Guard of this state who is called to active duty after the enactment of this chapter and before January 1, 2014, as a part of the Iraq and Afghanistan conflicts, may defer payments on any of the following obligations while serving on active duty: -(A)An obligation secured by a mortgage or deed of trust. -(B)Credit card, as defined in Section 1747.02 of the Civil Code. -(C)Retail installment contract, as defined in Section 1802.6 of the Civil Code. -(D)Retail installment account, installment account, or revolving account, as defined in Section 1802.7 of the Civil Code. -(E)Up to two vehicle loans. -(F)Any payment of property tax or special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist’s primary place of residence on the date the reservist was ordered to active duty. -(2)Subject to subdivision (b), in addition to any other benefit provided by law, and to the extent permitted by federal law, a reservist who is called to active duty on and after January 1, 2014, may defer payments on any of the following obligations while serving on active duty: -(A)An obligation secured by a mortgage or deed of trust. -(B)Credit card, as defined in Section 1747.02 of the Civil Code. -(C)Retail installment contract, as defined in Section 1802.6 of the Civil Code. -(D)Retail installment account, installment account, or revolving account, as defined in Section 1802.7 of the Civil Code. -(E)Up to two vehicle loans. -(F)Any payment of property tax or special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist’s primary place of residence on the date the reservist was ordered to active duty. -(G)Any obligation owed to a utility company. -(b)(1)In order for an obligation or liability of a reservist to be subject to this chapter, the reservist or the reservist’s designee shall deliver to the obligor both of the following: -(A)A letter signed by the reservist, under penalty of perjury, requesting a deferment of financial obligations. -(B)A copy of the reservist’s activation or deployment order and any other information that substantiates the duration of the service member’s military service. -(2)If required by a financial institution, proof that the reservist’s employer does not provide continuing income to the reservist while the reservist is on active military duty, including the reservist’s military pay, of more than 90 percent of the reservist’s monthly salary and wage income earned before the call to active duty. -(c)Upon request of the reservist or the reservist’s dependent or designee and within five working days of that request, if applicable, the employer of a reservist shall furnish the letter or other comparable evidence showing that the employer’s compensation policy does not provide continuing income to the reservist, including the reservist’s military pay, of more than 90 percent of the reservist’s monthly salary and wage income earned before the call to active duty. -(d)The deferral period on financial obligations shall be the lesser of 180 days or the period of active duty plus 60 calendar days, and shall apply only to those payments due subsequent to the notice provided to a lender as provided in subdivision (b). In addition, the total period of the deferment shall not exceed 180 days within a 365-day period. -(e)If a lender defers payments on a closed end credit obligation or an open-end credit obligation with a maturity date, pursuant to this chapter, the lender shall extend the term of the obligation by the amount of months the obligation was deferred. -(f)If a lender defers payments on an open-end credit obligation pursuant to this chapter, the lender may restrict the availability of additional credit with respect to that obligation during the term of the deferral. -(g)For purposes of this chapter, “vehicle” means a vehicle as defined in Section 670 of the Vehicle Code.","Existing law establishes the State Department of Public Health under the direction of the State Public Health Officer. Existing law sets forth the powers and duties of the State Public Health Officer, including, but not limited to, designation as the State Registrar of Vital Statistics, having supervisory powers over local registrars and responsibility for the uniform and thorough enforcement of provisions relating to the registration of certain vital statistics. -Existing law requires that each death be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found. Existing law sets forth the persons responsible for completing the certificate of death and the required contents of the certificate, including, but not limited to, the decedent’s name, sex, and birthplace. Certain violations of these requirements are a crime. -This bill, commencing July 1, 2016, would require a person completing the certificate of death to record whether the decedent was ever in the Armed Forces of the United States and to include in the items relating to health data information, information on whether the cause of death is any manner of suicide. The bill would also require the local registrar to make information on veteran suicide available to the Department of Veterans Affairs and United States Department of Veterans Affairs. -By changing the definition of existing crimes, and by increasing the responsibility of local officials, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. -Existing law authorizes a member of the United States Military Reserve or the National Guard who is called to active duty, as specified, to defer payments on certain obligations while serving on active duty. -This bill would make technical, nonsubstantive changes to this provision.","An act to amend Section -800 of the Military and Veterans Code, -102875 of, and to add Section 102791 to, the Health and Safety Code, -relating to -military service. -certificates of death." -708,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature in enacting this act to do all of the following: -(a) Establish conflict-of-interest policies for the governing body of charter schools that mirror existing conflict-of-interest policies followed by the governing board of school districts. -(b) Provide transparency in the operations of the many charter schools that are providing quality educational options for parents and pupils and renew the faith of parents and the community that their local charter school is acting in the best interests of pupils. -(c) Continue to provide greater autonomy to charter schools than traditional public schools and provide greater transparency to parents and the public with regard to the use of public funds by the governing body of charter schools for the educational benefit of their pupils. -(d) Establish standards and procedures consistent with the Charter Schools Act of 1992 to avoid conflicts of interest in charter schools. -SEC. 2. -Section 47604.1 is added to the Education Code, to read: -47604.1. -(a) A charter school is subject to all of the following: -(1) The Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), except that a charter school operated by an entity governed by the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) is subject to the Bagley-Keene Open Meeting Act regardless of the authorizing entity. -(2) The California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). -(3) The Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). -(b) Notwithstanding Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1, an individual may serve as a member of the governing body of a charter school and be employed in a separate position at that charter school. Such a member of the governing body of a charter school shall abstain from voting on all matters uniquely affecting his or her own employment. -(c) A member of the governing body of a charter school shall abstain from voting on personnel matters that uniquely affect a relative of the member but may vote on collective bargaining agreements and personnel matters that affect a class of employees to which the relative belongs. For purposes of this section, “relative” means an adult who is related to the person by blood or affinity within the third degree, as determined by the common law, or an individual in an adoptive relationship within the third degree. -(d) A person who is disqualified by the California Constitution or laws of the state from holding a civil office shall not serve on the governing body of a charter school. -(e) To the extent that the governing body of a charter school engages in activities that are not related to the operation of the charter school, this section does not make those unrelated activities subject to the Ralph M. Brown Act, the Bagley-Keene Open Meeting Act, or the California Public Records Act. A meeting of the governing body of a charter school to discuss items related to the operation of the charter school shall not include discussion of any item regarding an activity of the governing body that is not related to the operation of the charter school. -(f) The governing body of a charter school may meet within the physical boundaries of the county or counties in which one or more of the charter school’s facilities are located provided that proper notices pursuant to the Ralph M. Brown Act and the Bagley-Keene Open Meeting Act are posted within the physical boundaries of each of the counties in which any of the charter school’s facilities are located. A charter school also may meet in a county contiguous to the county where one or more of the charter school’s facilities are located if at least 10 percent of the pupils who are enrolled in the charter school reside in that contiguous county. A nonclassroom-based charter school that does not have a facility may meet within the boundaries of the county in which the greatest number of pupils who are enrolled in the charter school reside. -(g) The governing body of a charter school may hold closed sessions to consider a matter regarding pupil discipline as described in Section 48912. -(h) For purposes of the Political Reform Act of 1974, the jurisdiction of a charter school shall be the county or counties in which the charter school’s facility or facilities are located. The jurisdiction for a nonclassroom-based charter school that does not have a facility shall be the physical boundaries of the county or counties where at least 10 percent of the pupils who are enrolled in the charter school reside or, if at least 10 percent of the pupils do not reside in a single county, the county in which the greatest number of pupils who are enrolled in the charter school reside. -(i) A statement of economic interest that is filed by a designated person at a charter school after the required deadline pursuant to the Political Reform Act of 1974 shall not be the sole basis for revocation of a charter pursuant to Section 47607. -(j) For purposes of this section, “facility” means a charter school campus, resource center, meeting space, or satellite facility. -(k) This section shall become operative on July 1, 2016.","(1) The Ralph M. Brown Act requires that all meetings of a legislative body, as defined, of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. -This bill would expressly state that a charter school is subject to the Ralph M. Brown Act, unless it is operated by an entity governed by the Bagley-Keene Open Meeting Act, in which case the charter school would be subject to the Bagley-Keene Open Meeting Act. -(2) The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure. -This bill would expressly state that a charter school is subject to the California Public Records Act. -(3) The Political Reform Act of 1974 requires every state agency and local governmental agency to adopt a conflict-of-interest code, formulated at the most decentralized level possible, that requires designated employees of the agency to file statements of economic interest disclosing any investments, business positions, interests in real property, or sources of income that may foreseeably be affected materially by any governmental decision made or participated in by the designated employee by virtue of his or her position. -This bill would expressly state that a charter school is subject to the Political Reform Act of 1974. -(4) This bill would state various exceptions and clarifications regarding theest Key Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO -Bill Text -The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature in enacting this act to do all of the following: -(a) Establish conflict-of-interest policies for the governing body of charter schools that mirror existing conflict-of-interest policies followed by the governing board of school districts. -(b) Provide transparency in the operations of the many charter schools that are providing quality educational options for parents and pupils and renew the faith of parents and the community that their local charter school is acting in the best interests of pupils. -(c) Continue to provide greater autonomy to charter schools than traditional public schools and provide greater transparency to parents and the public with regard to the use of public funds by the governing body of charter schools for the educational benefit of their pupils. -(d) Establish standards and procedures consistent with the Charter Schools Act of 1992 to avoid conflicts of interest in charter schools. -SEC. 2. -Section 47604.1 is added to the Education Code, to read: -47604.1. -(a) A charter school is subject to all of the following: -(1) The Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), except that a charter school operated by an entity governed by the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) is subject to the Bagley-Keene Open Meeting Act regardless of the authorizing entity. -(2) The California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). -(3) The Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). -(b) Notwithstanding Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1, an individual may serve as a member of the governing body of a charter school and be employed in a separate position at that charter school. Such a member of the governing body of a charter school shall abstain from voting on all matters uniquely affecting his or her own employment. -(c) A member of the governing body of a charter school shall abstain from voting on personnel matters that uniquely affect a relative of the member but may vote on collective bargaining agreements and personnel matters that affect a class of employees to which the relative belongs. For purposes of this section, “relative” means an adult who is related to the person by blood or affinity within the third degree, as determined by the common law, or an individual in an adoptive relationship within the third degree. -(d) A person who is disqualified by the California Constitution or laws of the state from holding a civil office shall not serve on the governing body of a charter school. -(e) To the extent that the governing body of a charter school engages in activities that are not related to the operation of the charter school, this section does not make those unrelated activities subject to the Ralph M. Brown Act, the Bagley-Keene Open Meeting Act, or the California Public Records Act. A meeting of the governing body of a charter school to discuss items related to the operation of the charter school shall not include discussion of any item regarding an activity of the governing body that is not related to the operation of the charter school. -(f) The governing body of a charter school may meet within the physical boundaries of the county or counties in which one or more of the charter school’s facilities are located provided that proper notices pursuant to the Ralph M. Brown Act and the Bagley-Keene Open Meeting Act are posted within the physical boundaries of each of the counties in which any of the charter school’s facilities are located. A charter school also may meet in a county contiguous to the county where one or more of the charter school’s facilities are located if at least 10 percent of the pupils who are enrolled in the charter school reside in that contiguous county. A nonclassroom-based charter school that does not have a facility may meet within the boundaries of the county in which the greatest number of pupils who are enrolled in the charter school reside. -(g) The governing body of a charter school may hold closed sessions to consider a matter regarding pupil discipline as described in Section 48912. -(h) For purposes of the Political Reform Act of 1974, the jurisdiction of a charter school shall be the county or counties in which the charter school’s facility or facilities are located. The jurisdiction for a nonclassroom-based charter school that does not have a facility shall be the physical boundaries of the county or counties where at least 10 percent of the pupils who are enrolled in the charter school reside or, if at least 10 percent of the pupils do not reside in a single county, the county in which the greatest number of pupils who are enrolled in the charter school reside. -(i) A statement of economic interest that is filed by a designated person at a charter school after the required deadline pursuant to the Political Reform Act of 1974 shall not be the sole basis for revocation of a charter pursuant to Section 47607. -(j) For purposes of this section, “facility” means a charter school campus, resource center, meeting space, or satellite facility. -(k) This section shall become operative on July 1, 2016.","An act to add Section 47604.1 to the Education Code, relating to charter schools." -709,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares the following: -(a) Almost 50 percent of clinical trial studies are not finished in time due to low patient participation, recruitment and navigation difficulties, and other barriers for patients. Due to economic and socioeconomic circumstances and lack of patient knowledge, clinical oncology trial participation and retention are both very low as they relate to eligible participants. -(b) Overall, only 3 percent of eligible cancer patients participate in clinical trials, and of those only 5 percent of trial participants are from racial or ethnic minority communities. -(c) One barrier that prevents patients from participating in federal Food and Drug Administration clinical trials is finances. Patients of low to moderate income are often unable to bear the burden of the ancillary costs of participating, such as airfare, lodging, rental cars, and fuel. -(d) The American Medical Association conducted a study on cancer trial participation. The study found that from 1996 to 2002, of the 75,215 patients enrolled in the National Cancer Institute trials for breast, lung, colorectal, and prostate cancers, only 3.1 percent were Hispanic, 9.2 percent were Black, and 1.9 percent were Asian or Pacific Islanders, while 85.6 percent were White. This lack of diversity is of concern because of its impact on researchers’ ability to evaluate the effect of new treatments on different populations. It also speaks to a lack of access to potentially lifesaving trials for a large portion of the population. -(e) It is the intent of the Legislature to establish a program to enable willing patients of low to moderate income to participate in cancer clinical trials in order to boost participation rates, ensure these trials are widely accessible, improve the development of cancer therapies, and enhance innovation. -SEC. 2. -Chapter 2 (commencing with Section 101990) is added to Part 6 of Division 101 of the Health and Safety Code, to read: -CHAPTER 2. Cancer Clinical Trials -101990. -(a) “Board” means the Board of Trustees of the Cancer Clinical Trials Foundation. -(b) “Foundation” means the Cancer Clinical Trials Foundation. -(c) “Fund” means the Cancer Clinical Trials Fund. -101991. -(a) The agency shall establish a nonprofit public benefit corporation, to be known as the Cancer Clinical Trials Foundation, that shall be governed by a board consisting of a total of five members. Three members shall be appointed by the Governor. Of these members, one shall be from a public cancer research institution, and one shall be from a private cancer research institution. One member shall be appointed by the Speaker of the Assembly. One member shall be appointed by the President pro Tempore of the Senate. -(b) All persons appointed to the board shall have an interest in increasing access to cancer clinical trials and the ability and desire to solicit funds for the purpose of increasing access to clinical trials as provided in this chapter. -(c) The Governor shall appoint the president of the board from among those members appointed by the Governor, the Speaker of the Assembly, and the President pro Tempore of the Senate. -(d) The foundation, or an authorized representative thereof, shall apply for tax exempt status under Section 501(c)(3) of the Internal Revenue Code. -(e) Members of the board shall serve without compensation but shall be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the board. -(f) The foundation shall be subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 2 of the Corporations Code). -(g) The California Health and Human Services Agency shall determine which department in the agency shall administer the foundation. -101992. -(a) Of the members of the board first appointed by the Governor pursuant to Section 101991, one member shall be appointed to serve a two-year term, one member shall be appointed to serve a three-year term, and one member shall be appointed to serve a four-year term. -(b) Of the members of the board first appointed by the Speaker of the Assembly and the President pro Tempore of the Senate pursuant to Section 101991, each member shall be appointed to serve a four-year term. -(c) Upon the expiration of the initial appointments for the board, each member shall be appointed to serve a four-year term. -101993. -(a) There is hereby created in the State Treasury the Cancer Clinical Trials Fund. Moneys in the fund shall be used for the administration and support of the program created pursuant to this chapter upon appropriation of the Legislature. -(b) The Cancer Clinical Trials Foundation may solicit and receive funds from business, industry, foundations, and other private and public sources for the purpose of administering the Cancer Clinical Trials Grant Program to increase patient access to cancer clinical trials. -(c) The agency may apply for federal funds for the foundation. -(d) The board shall use no more than 20 percent of funds made available for the Cancer Clinical Trials Grant Program for administrative costs. -101993.5. -(a) The agency may not spend more than three hundred thousand dollars ($300,000) of moneys appropriated to the agency to establish the foundation. -(b) Any money used to establish the foundation shall be paid back to the agency on or before January 1, 2021, from moneys donated to the Cancer Clinical Trials Fund. -(c) After the initial investment authorized by subdivision (a), no General Fund moneys shall be used to operate the foundation. -101994. -(a) Upon contribution of at least five hundred thousand dollars ($500,000) to the foundation, the board shall establish the Cancer Clinical Trials Grant Program to increase patient access to cancer clinical trials in underserved or disadvantaged communities and populations, including among women and patients from racial and ethnic minority communities. The board shall determine the criteria to award grants, and may award grants to either or both of the following: -(1) Public and private research institutions and hospitals that conduct cancer clinical trials approved by the federal Food and Drug Administration. -(2) Nonprofit organizations described in Section 501(c)(3) of the Internal Revenue Code of 1954 that are exempt from income tax under Section 501(a) of that code and that specialize in direct patient support for improved clinical trial enrollment and retention. -(b) Grants awarded pursuant to subdivision (a) shall be used for activities to increase patient access to cancer clinical trials, including, but not limited to, any of the following: -(1) Patient navigator services or programs. -(2) Education and community outreach. -(3) Patient-friendly technical tools to assist patients in identifying available clinical trials. -(4) Translation and interpretation services of clinical trial information. -(5) Counseling services for clinical trial participants. -(6) Well-being services for clinical trial participants, including, but not limited to, physical therapy, pain management, stress management, and nutrition management. -(7) Payment of ancillary costs for patients and caregivers, including, but not limited to: -(A) Airfare during the clinical trial. -(B) Lodging during the clinical trial. -(C) Rental cars during the clinical trial. -(D) Fuel during the clinical trial. -(E) Local transportation via bus, train, or other public transportation during the clinical trial. -(F) Meals during the clinical trial. -(G) Child care costs during the clinical trial. -(c) If the foundation does not receive five hundred thousand dollars ($500,000) or more by January 1, 2021, moneys remaining after the repayment required pursuant to subdivision (b) of Section 101993.5 shall be returned to the donors on a pro rata basis. -(d) If the grant program is established pursuant to this section, all moneys in the fund shall be awarded by grant prior to the repeal of this chapter. -101995. -(a) Grant recipients shall report to the board to ensure the appropriate use of funds within one year of receiving a grant. -(b) (1) The board shall report to the Legislature to ensure the appropriate use of the funds. The report shall include accountability measures, including, but not limited to, a description of how the funds were used, an evaluation of the grant program, and recommendations for the program. This report shall be submitted by January 1, 2020. -(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January, 1, 2024, pursuant to Section 10231.5 of the Government Code. -101996. -This chapter shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.","Existing law establishes the scope and function of the California Health and Human Services Agency, which includes departments charged with administering laws pertaining to public health and social services, among other things. Existing law also establishes the Inclusion of Women and Minorities in Clinical Research Act, which is designed to promote the inclusion of women and minority groups in clinical research, including clinical trials. -This bill, until January 1, 2022, would establish the Cancer Clinical Trials Foundation in the Health and Human Services Agency, to be governed by a board of trustees. Members of the board would be appointed as specified. The bill would also create the Cancer Clinical Trials Fund, to be used to administer a grant program. The bill would limit the amount the agency may spend to establish the foundation to $300,000 of appropriated funds, to be repaid by January 1, 2021, but would otherwise prohibit General Fund moneys from being used for the foundation. The bill would authorize the board to solicit and receive money, as specified, and would authorize the agency to apply for federal funds for this purpose. The bill would require the board, upon contribution of at least $500,000 to the fund, to establish the Cancer Clinical Trials Grant Program, in order to increase patient access to cancer clinical trials in specified populations. The bill would require that grant money be used for designated purposes, and would also require grant recipients to report to the board. The bill would require the board to report to the Legislature, as specified. This bill would make related findings.","An act to add and repeal Chapter 2 (commencing with Section 101990) to Part 6 of Division 101 of the Health and Safety Code, relating to cancer." -710,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 554 of the Labor Code is amended to read: -554. -(a) Sections 551 and 552 do not apply to cases of emergency or to work performed in the protection of life or property from loss or destruction, or to any common carrier engaged in or connected with the movement of trains. Nothing in this chapter shall be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires that the employee work seven or more consecutive days, if in each calendar month the employee receives days of rest equivalent to one day’s rest in seven. The requirement respecting the equivalent of one day’s rest in seven shall apply, notwithstanding the other provisions of this chapter relating to collective bargaining agreements, where the employer and a labor organization representing employees of the employer have entered into a valid collective bargaining agreement respecting the hours of work of the employees, unless the agreement expressly provides otherwise. -(b) In addition to the exceptions specified in subdivision (a), the Chief of the Division of Labor Standards Enforcement may, when in his or her judgment hardship will result, exempt any employer or employees from the provisions of Sections 551 and 552. -SEC. 2. -Chapter 6 (commencing with Section 857) is added to Part 2 of Division 2 of the Labor Code, to read: -CHAPTER 6. Agriculture -857. -This chapter shall be known and may be cited as the Phase-In Overtime for Agricultural Workers Act of 2016. -858. -The Legislature finds and declares all of the following: -(a) Agricultural employees engage in back-breaking work every day. -(b) Few occupations in today’s America are as physically demanding and exhausting as agricultural work. -(c) In 1938, the United States Congress enacted the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), which excluded agricultural workers from wage protections and overtime compensation requirements. -(d) It is the intent of the Legislature to enact the Phase-In Overtime for Agricultural Workers Act of 2016 to provide any person employed in an agricultural occupation in California, as defined in Order No. 14-2001 of the Industrial Welfare Commission (revised 07-2014) with an opportunity to earn overtime compensation under the same standards as millions of other Californians. -859. -For purposes of this chapter, “employed in an agricultural occupation” has the same meaning as in Order No.14-2001 of the Industrial Welfare Commission (revised 07-2014). -860. -Notwithstanding any other provision of law, including Chapter 1 (commencing with Section 500): -(a) (1) Commencing January 1, 2019, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine and one-half hours in any one workday or work in excess of 55 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek. -(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2022. -(b) (1) Commencing January 1, 2020, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine hours in any one workday or work in excess of 50 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek. -(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2023. -(c) (1) Commencing January 1, 2021, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight and one-half hours in any one workday or work in excess of 45 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek. -(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2024. -(d) (1) Commencing January 1, 2022, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight hours in any one workday or work in excess of 40 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over eight hours in any workday or over 40 hours in any workweek. -(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025. -861. -Except as set forth in Section 860 and subdivision (a) of Section 862, all other provisions of Chapter 1 (commencing with Section 500) regarding compensation for overtime work shall apply to workers in an agricultural occupation commencing January 1, 2017. -862. -(a) Beginning January 1, 2022, except as provided in subdivision (c), and consistent with Section 510, any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employee’s regular rate of pay. -(b) Consistent with Section 861, notwithstanding subdivision (a) or Section 863, the other provisions of Section 510 shall be applicable to workers in an agricultural occupation commencing January 1, 2019. -(c) Subdivision (a) shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025. -863. -(a) Notwithstanding Section 860 or 862, the Governor may temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860, or subdivision (a) of Section 862 only if the Governor suspends scheduled minimum wage increases pursuant to clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12. -(b) If the Governor makes a final determination to temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 for the following year, all implementation dates applicable to Section 860 and subdivision (a) of Section 862 that are suspended subsequent to the September 1 final determination date, consistent with clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12, shall be postponed by an additional year, but the full implementation of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 shall in no event be later than January 1, 2022. The Governor’s temporary suspension under this section shall be by proclamation. -(c) The Governor’s authority to suspend the scheduled overtime requirements under this section shall end upon the phase in of the overtime requirements contained in subdivision (d) of Section 860, the phase in of the overtime requirements contained in subdivision (c) of Section 862, or January 1, 2025, whichever occurs first. -864. -The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this chapter, except that any existing provision in Wage Order 14-2001 providing greater protections or benefits to agricultural employees shall continue in full force and effect, notwithstanding any provision of this chapter. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Existing law exempts agricultural employees from these requirements. Under existing law, the function of the Department of Industrial Relations is to, among other things, foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. -This bill would remove the exemption for agricultural employees regarding hours, meal breaks, and other working conditions, including specified wage requirements, and would create a schedule that would phase in overtime requirements for agricultural workers, as defined, over the course of 4 years, from 2019 to 2022, inclusive. Beginning January 1, 2022, the bill would require any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day to be compensated at the rate of no less than twice the employee’s regular rate of pay. The bill would provide employers who employ 25 or fewer employees an additional 3 years to comply with the phasing in of these overtime requirements. The bill would authorize the Governor to delay the implementation of these overtime pay provisions if the Governor also suspends the implementation of a scheduled state minimum wage increase, as specified. The bill would require the Department of Industrial Relations to update a specified wage order for consistency with these provisions, as specified. -The bill would create a state-mandated local program by including agricultural employees as a class of employees protected by criminal penalties under existing law. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 554 of, and to add Chapter 6 (commencing with Section 857) to Part 2 of Division 2 of, the Labor Code, relating to employment." -711,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the Priority Project Parity Act of 2015. -SEC. 2. -The Legislature finds and declares all of the following: -(a) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), commonly known as CEQA, was enacted with a near unanimous bipartisan vote of the Legislature in 1970 and signed into law by Governor Reagan. -(b) The purpose of CEQA is to enhance public disclosure of the environmental impacts of a project and to require feasible mitigation measures or alternative project configurations that reduce significant adverse impacts to the physical environment. -(c) Feasible mitigation measures and alternatives are limited to those that allow the project to achieve its objectives, fall within the jurisdiction of the lead agency, and can be readily implemented from a legal, technical, and economic perspective. -(d) If, notwithstanding the feasible mitigation measures or alternative configuration, a project would have a significant unavoidable adverse impact on the physical environment or substantially contribute to an unavoidable significant adverse cumulative impact on the physical environment, an agency may nevertheless approve the project by adopting a statement explaining the overriding employment, environmental, social, economic, or other benefits that have informed the agency’s decision to approve the project. -(e) In a notable contrast to the federal court interpretation of the federal National Environmental Policy Act of 1969 (42 U.S.C. Secs. 4321 et seq.), which served as a model for CEQA, California courts have decided that lawsuits challenging the adequacy of an agency’s compliance with CEQA may be brought by any party for any reason, including, but not limited to, parties seeking competitive advantage, seeking wage or other employment terms and conditions, seeking to protect private property economic values, and seeking to preclude neighborhood-scale projects that are or may increase the quality of life for lower income and racially diverse population groups, by increasing youth utilization of urban parks or by developing transit systems in urbanized areas, without regard to the environmental or other merits of the project. -(f) In advising the state, regional, and local agency on the compliance requirements of CEQA, the Governor’s Office of Planning and Research has identified more than 100 potential environmental impact topics that must be evaluated for each project, has routinely adopted guidance that increases the cost and complexity of the analysis required, and continues to propose requirements that increase uncertainty and complexity, including, but not limited to, advocating for regulatory reversals of appellate court statutory interpretations, such as the “business as usual” approach to evaluating the significance of greenhouse gas emissions and the judicial classification of parking as an environmental impact based on air quality and other factors. Collectively, such ambiguous and contradictory advice has continued to increase the cost and litigation uncertainty of compliance obligations under CEQA. -(g) Three private sector law firms, each representing a diverse range of parties affected by CEQA including public agencies, project applicants, and other stakeholders, have completed studies on reported appellate court decisions interpreting CEQA and those studies demonstrate that the courts have determined that the lead agencies failed to comply with some aspect of CEQA in nearly half of all cases, and that even the most elaborate environmental studies, the environmental impact reports, that are entitled to the highest level of judicial deference, failed to pass judicial muster in nearly half of all reported appellate cases over a 15-year period. Projects approved under a less costly and less time-consuming negative declaration process fail to pass judicial muster in far more than half of the cases challenging those approvals. -(h) The overwhelming majority of the adverse court decisions required that project approval be vacated pending completion of further environmental studies under CEQA. -(i) Notwithstanding such conclusive evidence of widespread confusion regarding the compliance requirements of CEQA, along with litigation abuse to promote nonenvironmental interests and abusive litigation tactics, such as “document dumping,” to delay agency decisions for weeks and sometimes months after the close of the comment periods prescribed by CEQA, the Legislature has declined to enact any systematic reforms that address how this 1970-era law is to be interpreted in conjunction with the hundreds of environmental and planning mandates that have subsequently been enacted as coequal legal mandates in California’s stringent and complex suite of statutes designed to protect and enhance environmental quality, including, but not limited to, statutes requiring integration of environmental protection standards in land use plans and policies. -(j) The existence of an outstanding lawsuit challenging compliance with CEQA, in tandem with the high level of adverse judicial outcomes, creates significant unresolved project contingencies that generally preclude timely receipt of federal and state grant funding as well as other forms of public and private sector financing. -(k) Legislative leadership has routinely sponsored last minute legislation for politically favored projects, including, but not limited to, major league sports facilities and prisons, to either exempt them from CEQA or limit the judicial remedies that are available when an adverse judicial determination has been made. These favored leadership projects have achieved this sheltered status without regard to whether the projects are consistent with an adopted sustainable communities strategy required pursuant to Section 65080 of the Government Code. This highly politicized leadership exemption process has been referred to as the “transactional” model for implementing CEQA. -(l) This transactional model for implementing CEQA is an effective method of avoiding delays in financing and implementation of priority projects. There is an ample body of otherwise applicable California environmental protection and land use law in place to avoid and minimize potentially significant adverse environmental impacts to the physical environment without regard to the applicability of CEQA. No existing law creates a presumed different suite of legal compliance obligations reserved to legislative leaders and the legislative districts they represent. Legislative leadership positions do not confer upon individuals serving in those positions a monopoly on the use of the transactional model for implementing CEQA. The transactional model of legislative exemptions has a history of extending nearly to the 1970 enactment date of CEQA. -(m) It is now appropriate to enact a new compliance pathway for a project identified as a priority by each Member of the Senate and Assembly. -SEC. 3. -Section 21168.10 is added to the Public Resources Code, to read: -21168.10. -(a) (1) On or before November 15 of each year, each Member of the Legislature may annually nominate one project within his or her respective district as a priority project. -(2) A member of the Legislature who chooses to nominate a project shall submit to the Governor the name of the project and sufficient information to demonstrate that the project will meet the requirements specified in paragraph (3). -(3) The Governor shall designate a project as a priority project if the project meets all of the following: -(A) The project will result in at least 100 new or retained full time jobs. -(B) The project is consistent with the adopted sustainable communities strategy for the region in which the project is located. -(C) The project applicant certifies its intent to remain in the location of the project for a minimum of five years. -(b) Subject to subdivision (a), a project may be designated as a priority project pursuant to subdivision (a) at any time following the submittal of the project proposal or application to the lead agency for the commencement of environmental review pursuant to this division but not later than 30 days following the approval of the project by the lead agency. -(c) Withing 10 days after the designation of a project pursuant to paragraph (3) of subdivision (a), the Governor shall provide a notice of designation to the lead agency for the designated project and to the Office of Planning and Research. The lead agency shall inform members of the public and other interested stakeholders that a project has been designated as a priority project pursuant to paragraph (3) of subdivision (a) in the lead agency’s next otherwise applicable and required public document or notice regarding the project and in all subsequent otherwise applicable and required public documents or notices regarding the project, up to and including applicable and required notice and documentation for project approval. If there is no applicable and required public document or notice, the lead agency shall provide a notice of designation to the public and interested stakeholders. -(d) (1) The lead agency for a priority project shall complete all notices required by this division and, except as provided in paragraph (3), an environmental impact report shall be completed for each priority project. -(2) The environmental impact report for a priority project may tier from an earlier environmental impact report completed for the existing or earlier version of the project and the tiered environmental impact report shall be limited to the consideration of significant adverse impacts resulting from the project that were not previously identified in the earlier environmental impact report, or, if the adverse impacts had been identified in the earlier environmental impact report, the impacts are more severe than previously identified. -(3) A new environmental impact report is not required for a priority project that has been already included in an environmental impact report prepared and certified under this division but the lead agency shall prepare an addendum to the prior environmental impact report to explain to the public and other interested stakeholders the manner in which the project had been addressed in the prior environmental impact report. -(e) (1) In granting relief in an action or proceeding brought pursuant to this division, the court shall not stay or enjoin a priority project designated pursuant to subdivision (a) unless the court finds either of the following: -(A) The continued implementation of the priority project presents an imminent threat to the public health and safety. -(B) The priority project site contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continued implementation of the priority project. -(2) If the court finds that subparagraph (A) or (B) is satisfied, the court shall only enjoin those specific activities associated with the priority project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. -CEQA establishes procedures by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA and the judicial remedies available. -This bill would authorize each Member of the Legislature to nominate one project within his or her respective district each year, and the Governor to designate those projects as priority projects if the projects meet specified requirements. The bill would require the Governor to provide a notice of the designation to the appropriate lead agency and to the Office of Planning and Research. The bill would require the lead agency to notify the public and interested stakeholders of the designation, as specified, thereby imposing a state-mandated local program. The bill would require that an environmental impact report be prepared for each priority project, but would authorize tiering from previously prepared reports, as specified. The bill would prohibit the court from staying or enjoining the implementation of a priority project unless the court makes specified findings and would limit any stay or injunction, as provided. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 21168.10 to the Public Resources Code, relating to the environment." -712,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 150204 of the Health and Safety Code is amended to read: -150204. -(a) (1) A county may establish, by an action of the county board of supervisors or by an action of the public health officer of the county, as directed by the county board of supervisors, a repository and distribution program for purposes of this division. The county shall advise the California State Board of Pharmacy within 30 days from the date it establishes a repository and distribution program. -(2) Only an eligible entity, pursuant to Section 150201, may participate in this program to dispense medication donated to the drug repository and distribution program. -(3) An eligible entity that seeks to participate in the program shall inform the county health department and the California State Board of Pharmacy in writing of its intent to participate in the program. An eligible entity may not participate in the program until it has received written or electronic documentation from the county health department confirming that the department has received its notice of intent. -(4) (A) A participating entity shall disclose to the county health department on a quarterly basis the name and location of the source of all donated medication it receives. -(B) A participating primary care clinic, as described in Section 150201, shall disclose to the county health department the name of the licensed physician who shall be accountable to the California State Board of Pharmacy for the clinic’s program operations pursuant to this division. This physician shall be the professional director, as defined in subdivision (c) of Section 4182 of the Business and Professions Code. -(C) The county board of supervisors or public health officer of the county shall, upon request, make available to the California State Board of Pharmacy the information in this division. -(5) The county board of supervisors, the public health officer of the county, and the California State Board of Pharmacy may prohibit an eligible or participating entity from participating in the program if the entity does not comply with the provisions of the program, pursuant to this division. If the county board of supervisors, the public health officer of the county, or the California State Board of Pharmacy prohibits an eligible or participating entity from participating in the program, it shall provide written notice to the prohibited entity within 15 days of making this determination. The county board of supervisors, the public health officer of the county, and the California State Board of Pharmacy shall ensure that this notice also is provided to one another. -(b) A county that elects to establish a repository and distribution program pursuant to this division shall establish written procedures for, at a minimum, all of the following: -(1) Establishing eligibility for medically indigent patients who may participate in the program. -(2) Ensuring that patients eligible for the program shall not be charged for any medications provided under the program. -(3) Developing a formulary of medications appropriate for the repository and distribution program. -(4) Ensuring proper safety and management of any medications collected by and maintained under the authority of a participating entity. -(5) Ensuring the privacy of individuals for whom the medication was originally prescribed. -(c) Any medication donated to the repository and distribution program shall comply with the requirements specified in this division. Medication donated to the repository and distribution program shall meet all of the following criteria: -(1) The medication shall not be a controlled substance. -(2) The medication shall not have been adulterated, misbranded, or stored under conditions contrary to standards set by the United States Pharmacopoeia (USP) or the product manufacturer. -(3) The medication shall not have been in the possession of a patient or any individual member of the public, and in the case of medications donated by a health or care facility, as described in Section 150202, shall have been under the control of a staff member of the health or care facility who is licensed in California as a health care professional or has completed, at a minimum, the training requirements specified in Section 1569.69. -(d) (1) Only medication that is donated in unopened, tamper-evident packaging or modified unit dose containers that meet USP standards is eligible for donation to the repository and distribution program, provided lot numbers and expiration dates are affixed. Medication donated in opened containers shall not be dispensed by the repository and distribution program, and once identified, shall be quarantined immediately and handled and disposed of in accordance with the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104). -(2) (A) A medication that is the subject of a United States Food and Drug Administration managed risk evaluation and mitigation strategy pursuant to Section 355-1 of Title 21 of the United States Code shall not be donated if this inventory transfer is prohibited by that strategy, or if the inventory transfer requires prior authorization from the manufacturer of the medication. -(B) A medication that is the subject of a United States Food and Drug Administration managed risk evaluation and mitigation strategy pursuant to Section 355-1 of Title 21 of the United States Code, the donation of which is not prohibited pursuant to subparagraph (A), shall be managed and dispensed according to the requirements of that strategy. -(e) A pharmacist or physician at a participating entity shall use his or her professional judgment in determining whether donated medication meets the standards of this division before accepting or dispensing any medication under the repository and distribution program. -(f) A pharmacist or physician shall adhere to standard pharmacy practices, as required by state and federal law, when dispensing all medications. -(g) Medication that is donated to the repository and distribution program shall be handled in the following ways: -(1) Dispensed to an eligible patient. -(2) Destroyed. -(3) Returned to a reverse distributor or licensed waste hauler. -(4) (A) Transferred to another participating entity within the county to be dispensed to eligible patients pursuant to this division. Notwithstanding this paragraph, a participating county-owned pharmacy may transfer eligible donated medication to a participating county-owned pharmacy within another adjacent county that has adopted a program pursuant to this division, if the pharmacies transferring the medication have a written agreement between the entities that outlines protocols and procedures for safe and appropriate drug transfer that are consistent with this division. -(B) Medication donated under this division shall not be transferred by any participating entity more than once, and after it has been transferred, shall be dispensed to an eligible patient, destroyed, or returned to a reverse distributor or licensed waste hauler. -(C) Medication transferred pursuant to this paragraph shall be transferred with documentation that identifies the drug name, strength, and quantity of the medication, and the donation facility from where the medication originated shall be identified on medication packaging or in accompanying documentation. The document shall include a statement that the medication may not be transferred to another participating entity and must be handled pursuant to subparagraph (B). A copy of this document shall be kept by the participating entity transferring the medication and the participating entity receiving the medication. -(h) Medication that is donated to the repository and distribution program that does not meet the requirements of this division shall not be distributed or transferred under this program and shall be either destroyed or returned to a reverse distributor. Donated medication that does not meet the requirements of this division shall not be sold, dispensed, or otherwise transferred to any other entity. -(i) (1) Except as provided in paragraph (2), medication donated to the repository and distribution program shall be maintained in the donated packaging units until dispensed to an eligible patient under this program, who presents a valid prescription. When dispensed to an eligible patient under this program, the medication shall be in a new and properly labeled container, specific to the eligible patient and ensuring the privacy of the individuals for whom the medication was initially dispensed. Expired medication shall not be dispensed. -(2) A pharmacy that exists solely to operate the repository and distribution program may repackage a reasonable quantity of donated medicine in anticipation of dispensing the medicine to its patient population. The pharmacy shall have repackaging policies and procedures in place for identifying and recalling medications. Medication that is repackaged shall be labeled with the earliest expiration date. -(j) Medication donated to the repository and distribution program shall be segregated from the participating entity’s other drug stock by physical means, for purposes including, but not limited to, inventory, accounting, and inspection. -(k) A participating entity shall keep complete records of the acquisition and disposition of medication donated to, and transferred, dispensed, and destroyed under, the repository and distribution program. These records shall be kept separate from the participating entity’s other acquisition and disposition records and shall conform to the Pharmacy Law (Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code), including being readily retrievable. -(l) Local and county protocols established pursuant to this division shall conform to the Pharmacy Law regarding packaging, transporting, storing, and dispensing all medications. -(m) County protocols established for packaging, transporting, storing, and dispensing medications that require refrigeration, including, but not limited to, any biological product as defined in Section 351 of the Public Health Service Act (42 U.S.C. Sec. 262), an intravenously injected drug, or an infused drug, shall include specific procedures to ensure that these medications are packaged, transported, stored, and dispensed at appropriate temperatures and in accordance with USP standards and the Pharmacy Law. -(n) Notwithstanding any other provision of law, a participating entity shall follow the same procedural drug pedigree requirements for donated drugs as it would follow for drugs purchased from a wholesaler or directly from a drug manufacturer.","Existing law authorizes a county to establish a repository and distribution program under which a pharmacy, including a pharmacy that is owned by, or contracts with, the county, may distribute surplus unused medications, as defined, to persons in need of financial assistance to ensure access to necessary pharmaceutical therapies. Under existing law, only medication that is donated in unopened, tamper-evident packaging or modified unit dose containers that meet the United States Pharmacopoeia standards, and that includes lot numbers and expiration dates, is eligible for donation to the program. Existing law prohibits medication that does not meet the requirements for donation and distribution from being sold, dispensed, or otherwise transferred to any other entity. Existing law requires medication donated to the repository and distribution program to be maintained in the donated packaging units. -This bill would authorize a pharmacy that exists solely to operate the repository and distribution program to repackage a reasonable quantity of donated medicine in anticipation of dispensing the medicine to its patient population. The bill would require a pharmacy that repackages medication to have repackaging policies and procedures in place for identifying and recalling medications, and to label the repackaged medicine with the earliest expiration date.","An act to amend Section 150204 of the Health and Safety Code, relating to pharmaceuticals." -713,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11401.5 is added to the Insurance Code, to read: -11401.5. -(a) (1) Each association that holds a certificate of authority pursuant to this chapter and that issues long-term disability or long-term care policies or contracts shall submit to the commissioner the opinion of a qualified actuary as to whether the reserves and related actuarial items that support the policies or contracts issued pursuant to this chapter, including policies and contracts issued by entities established by these associations that provide benefits described in this chapter, are expected to be adequate to satisfy contractual provisions, are based on reasonable assumptions, and are based on actuarial standards of practice published by the American Academy of Actuaries and the Actuarial Standards Board. An association that holds a certificate of authority pursuant to this chapter shall file its opinion no later than July 1, 2016. The opinion shall have been completed no earlier than December 31, 2013. -(2) An association is considered to have issued a long-term care or disability policy or contract if it self-funds all or part of the resulting obligation. An association that markets long-term policies or contracts issued by an insurer that is admitted by the department to offer insurance products in the state is exempt from this reporting requirement. -(3) An association seeking a certificate of authority pursuant to this chapter shall file an opinion, to the extent feasible, that establishes that it would have adequate resources to provide benefits described in this chapter as required to satisfy its proposed contractual obligations. -(b) The opinion required by subdivision (a) shall include supporting memoranda from the same qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts, when considered in light of the assets held by the association with respect to the reserves and related actuarial items, including, but not limited to, the investment earnings on the assets and the considerations anticipated to be received and retained under the policies and contracts, and shall make adequate provision for the association’s obligations under the policies and contracts, including, but not limited to, the benefits and any administrative and operating expenses associated with the policies and contracts. -(c) The opinion required by subdivision (a) shall be governed by the following provisions: -(1) It shall include supporting memoranda consistent with actuarial standards of practice published by the American Academy of Actuaries and the Actuarial Standards Board. -(2) If the association fails to provide an opinion and supporting memoranda to the commissioner that meets the requirements of this section, the commissioner shall notify the association of the deficiencies in the filing, and shall make a specific request that identifies the issues that should be addressed in an amended filing. The requests shall be consistent with actuarial standards of practice published by the American Academy of Actuaries and the Actuarial Standards Board. -(d) If the commissioner determines, after a review of the filings from the associations, that the laws governing these associations are inadequate to protect the interests of the members of the associations, he or she shall, on or before July 1, 2017, develop and deliver recommendations to the Assembly Committee on Insurance and the Senate Committee on Insurance regarding changes in the law necessary to protect the interests of members of the associations. -(e) Documents, materials, or other information, including the opinion with supporting memoranda, submitted pursuant to this section that are in the possession or control of the Department of Insurance and that are obtained by, created by, or disclosed to the commissioner or any other person pursuant to this section, are recognized by this state as being proprietary and to contain trade secrets. Those documents, materials, or other information shall be confidential by law and privileged, shall not be subject to disclosure by the commissioner pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), and shall not be subject to subpoena or discovery from the commissioner or admissible into evidence, in a private civil action if obtained from the commissioner. The commissioner shall not otherwise make those documents, materials, or other information public without the prior written consent of the association. -(f) This section shall remain in effect only until December 31, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2018, deletes or extends that date. -SEC. 2. -Section 11401.6 is added to the Insurance Code, to read: -11401.6. -(a) An association that self-funds all or part of the benefits provided under this chapter shall include the following language, or other language approved by the commissioner, in all contracts that are not regulated by the department, and in certificates evidencing coverage under those contracts, in capital letters and in a minimum of 12-point type: - - -“ALL OR A PORTION OF THE BENEFITS PROVIDED BY THIS CONTRACT ARE NOT SUBJECT TO REGULATION BY THE CALIFORNIA DEPARTMENT OF INSURANCE, AND THE CONTRACT IS NOT GUARANTEED BY THE CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTEE ASSOCIATION.” - - -(b) This section shall remain in effect only until December 31, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2018, deletes or extends that date. -SEC. 3. -The Legislature finds and declares that Section 1 of this act, which adds Section 11401.5 of the Insurance Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -In order to protect proprietary information, it is necessary to enact legislation that limits the public’s right of access to insurance holding company information that is provided pursuant to Section 11401.5 of the Insurance Code.","Existing law generally provides for the regulation of insurers by the Department of Insurance pursuant to laws set forth in the Insurance Code. Existing law authorizes the Insurance Commissioner to make certain examinations, investigations, and prosecutions and, upon making a determination of the existence of certain conduct, conditions, or grounds, to issue orders reasonably necessary to correct, eliminate, or remedy the conduct, conditions, or grounds. -Existing law exempts from the requirements set forth in the Insurance Code firemen’s, policemen’s, and peace officers’ benefit and relief associations that comply with specified criteria, including, among other things, a requirement that the membership consist solely of peace officers, members of police or fire departments, and emergency medical personnel employed by fire departments, as specified. Existing law prohibits an association from operating or doing business in the state without a certificate of authority. -This bill would require every association that holds a certificate of authority and that issues long-term disability or long-term care policies or contracts, as specified, to submit to the commissioner the opinion, as specified, of a qualified actuary as to whether the reserves and related actuarial items that support the policies or contracts issued are expected to be adequate to satisfy contractual provisions, are based on reasonable assumptions, and are based on specified actuarial standards. The bill would also require an association seeking a certificate of authority to file an opinion that meets specified requirements and that establishes that it would have adequate resources to provide benefits, as specified, as required to satisfy its proposed contractual obligations. The bill would recognize that information submitted by a company pursuant to those provisions and in the possession or control of the department as proprietary and containing trade secrets. The bill would require that information to be confidential and privileged, exempt from disclosure by the commissioner pursuant to the California Public Records Act, and not subject to subpoena or discovery from the commissioner or admissible into evidence in a private civil action if obtained from the commissioner. The bill would require the commissioner to notify the association of the deficiencies in the filing if the association fails to provide an opinion and supporting memoranda to the commissioner that meets the requirements of the bill, as specified. The bill would require an association that self-funds all or part of the benefits to include specified disclosure language in all contracts that are not regulated by the department and in certificates evidencing coverage under those contracts. The bill would also require the commissioner, if he or she determines that the laws governing these associations are inadequate to protect the interests of the members of the associations, to develop and deliver recommendations to the Assembly Committee on Insurance and the Senate Committee on Insurance regarding changes in the law necessary to protect the interests of members of the associations. The provisions of the bill would remain in effect only until December 31, 2018, and as of that date would be repealed. -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to add and repeal Sections 11401.5 and 11401.6 of the Insurance Code, relating to insurance." -714,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4076 of the Business and Professions Code is amended to read: -4076. -(a) A pharmacist shall not dispense any prescription except in a container that meets the requirements of state and federal law and is correctly labeled with all of the following: -(1) Except when the prescriber or the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6 orders otherwise, either the manufacturer’s trade name of the drug or the generic name and the name of the manufacturer. Commonly used abbreviations may be used. Preparations containing two or more active ingredients may be identified by the manufacturer’s trade name or the commonly used name or the principal active ingredients. -(2) The directions for the use of the drug. -(3) The name of the patient or patients. -(4) The name of the prescriber or, if applicable, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6. -(5) The date of issue. -(6) The name and address of the pharmacy, and prescription number or other means of identifying the prescription. -(7) The strength of the drug or drugs dispensed. -(8) The quantity of the drug or drugs dispensed. -(9) The expiration date of the effectiveness of the drug dispensed. -(10) The condition or purpose for which the drug was prescribed if the condition or purpose is indicated on the prescription. -(11) (A) Commencing January 1, 2006, the physical description of the dispensed medication, including its color, shape, and any identification code that appears on the tablets or capsules, except as follows: -(i) Prescriptions dispensed by a veterinarian. -(ii) An exemption from the requirements of this paragraph shall be granted to a new drug for the first 120 days that the drug is on the market and for the 90 days during which the national reference file has no description on file. -(iii) Dispensed medications for which no physical description exists in any commercially available database. -(B) This paragraph applies to outpatient pharmacies only. -(C) The information required by this paragraph may be printed on an auxiliary label that is affixed to the prescription container. -(D) This paragraph shall not become operative if the board, prior to January 1, 2006, adopts regulations that mandate the same labeling requirements set forth in this paragraph. -(b) If a pharmacist dispenses a prescribed drug by means of a unit dose medication system, as defined by administrative regulation, for a patient in a skilled nursing, intermediate care, or other health care facility, the requirements of this section will be satisfied if the unit dose medication system contains the aforementioned information or the information is otherwise readily available at the time of drug administration. -(c) If a pharmacist dispenses a dangerous drug or device in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include on individual unit dose containers for a specific patient, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6. -(d) If a pharmacist dispenses a prescription drug for use in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include the information required in paragraph (11) of subdivision (a) when the prescription drug is administered to a patient by a person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), or the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840)), who is acting within his or her scope of practice. -(e) A pharmacist shall use professional judgment to provide a patient with directions for use that enhance the patient’s understanding of those directions, consistent with the prescriber’s instructions. -SEC. 2. -Section 4076.6 is added to the Business and Professions Code, to read: -4076.6. -(a) Upon the request of a patient or patient’s representative, a dispenser shall provide translated directions for use, which shall be printed on the prescription container, label, or on a supplemental document. If translated directions for use appear on a prescription container or label, the English-language version of the directions for use shall also appear on the container or label, whenever possible, and may appear on other areas of the label outside the patient-centered area. When it is not possible for the English-language directions for use to appear on the container or label, it shall be provided on a supplemental document. -(b) A dispenser may use translations made available by the board pursuant to subdivision (b) of Section 1707.5 of Title 16 of the California Code of Regulations to comply with this section. -(c) A dispenser shall not be required to provide translated directions for use beyond the languages that the board has made available or beyond the directions that the board has made available in translated form. -(d) A dispenser may provide his or her own translated directions for use to comply with the requirements of this section, and nothing in this section shall be construed to prohibit a dispenser from providing translated directions for use in languages beyond those that the board has made available or beyond the directions that the board has made available in translated form. -(e) A dispenser shall be responsible for the accuracy of the English-language directions for use provided to the patient. This section shall not affect a dispenser’s existing responsibility to correctly label a prescription pursuant to Section 4076. -(f) For purposes of this section, a dispenser does not include a veterinarian. -SEC. 3. -Section 4199 of the Business and Professions Code is amended to read: -4199. -(a) Any veterinary food-animal drug dispensed pursuant to a prescription from a licensed veterinarian for food producing animals from a veterinary food-animal drug retailer pursuant to this chapter is subject to the labeling requirements of Sections 4076, 4076.6, and 4077. -(b) All prescriptions filled by a veterinary food-animal drug retailer shall be kept on file and maintained for at least three years in accordance with Section 4333. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. That law requires a pharmacist to dispense a prescription in a container that, among other things, is correctly labeled with the directions for use of the drug, and requires the board to promulgate regulations that require, on or before January 1, 2011, a standardized, patient-centered, prescription drug label on all prescription medicine dispensed to patients in California. Existing regulations of the board implement that requirement, establishing standardized directions for use to be used when applicable, and requiring that the board publish on its Internet Web site translation of those directions for use into at least 5 languages other than English. A violation of that law is a crime. -This bill would require a pharmacist to use professional judgment to provide a patient with directions for use of a prescription that enhance the patient’s understanding of those directions, consistent with the prescriber’s instructions. The bill would also require a dispenser, excluding a veterinarian, upon the request of a patient or patient’s representative, to provide translated directions for use as prescribed. The bill would authorize a dispenser to use translations made available by the board pursuant to those existing regulations. The bill would make a dispenser responsible for the accuracy of English-language directions for use provided to the patient. By imposing new requirements on dispensers, the violation of which would be a crime, this bill would impose a state-mandated local program. -The Pharmacy Law also provides for the licensure and regulation of veterinary food-animal drug retailers by the board. That law subjects to specific prescription drug labeling requirements any veterinary food-animal drug dispensed pursuant to a prescription from a licensed veterinarian for food-producing animals from a veterinary food-animal drug retailer pursuant to that law. -This bill would also subject any veterinary food-animal drug so dispensed to the above drug labeling requirements relating to standardized directions for use. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 4076 and 4199 of, and to add Section 4076.6 to, the Business and Professions Code, relating to pharmacy." -715,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25186 of the Health and Safety Code is amended to read: -25186. -The department may deny, suspend, or revoke any permit, registration, or certificate applied for, or issued, pursuant to this chapter in accordance with the procedures specified in Sections 25186.1 and 25186.2, where the applicant or holder of the permit, registration, or certificate, or in the case of a business concern, any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern, has engaged in any of the following: -(a) Any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment. -(b) The aiding, abetting, or permitting of any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment. -(c) Any violation of, or noncompliance with, any order issued by a state or local agency or by a hearing officer or a court relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code. -(d) Any misrepresentation or omission of a significant fact or other required information in the application for the permit, registration, or certificate, or in information subsequently reported to the department or to a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180. -(e) (1) Activities resulting in any federal or state conviction that are significantly related to the fitness of the applicant or holder of the permit, registration, or certificate to perform the applicant’s duties or activities under the permit, registration, or certificate. -(2) For the purposes of this paragraph, “conviction” means a plea or verdict of guilty or a conviction following a plea of nolo contendere. -(3) An action that the department may take pursuant to this paragraph relating to the denial, suspension, or revocation of a permit, registration, or certificate may be based upon a conviction for which any of the following has occurred: -(A) The time for appeal has elapsed. -(B) The judgment of conviction has been affirmed on appeal. -(C) Any order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting that person to withdraw the person’s plea of guilty, and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. -(f) Activities resulting in the revocation or suspension of a license, permit, registration, or certificate held by the applicant or holder of the permit, registration, or certificate or, if the applicant or holder of the permit, registration, or certificate is a business concern, by any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern relating to, the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code. -SEC. 2. -Section 25186.05 is added to the Health and Safety Code, to read: -25186.05. -(a) For the purposes of this section, “violation” and “noncompliance” mean only the following: -(1) A violation or noncompliance pursuant to Section 25186 that creates a significant risk of harm to the public health or safety of the environment resulting from acute or chronic exposure to hazardous waste or hazardous waste constituents, and that threat makes it reasonably necessary to take action to prevent, reduce, or mitigate that exposure. -(2) A violation of, or noncompliance with, any order issued by the department to the applicant or holder of the permit. -(3) A federal or state felony conviction for a violation of this chapter or its equivalent in the federal act, or of any requirement or regulation adopted pursuant to that authority relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste, as described in subdivision (e) of Section 25186. -(b) A violation or noncompliance by a federal hazardous waste facility, pursuant to Section 6961 of Title 42 of the United States Code, shall, for purposes of this section, be limited to a violation or noncompliance caused by an action or inaction within the boundaries identified in Part B of the federal hazardous waste permit application, pursuant to Section 270.14 of Title 40 of the Code of Federal Regulations, for that facility. -(c) “Violation” and “noncompliance” shall not include a minor violation as defined in Section 25117.6. -(d) (1) Except as provided in paragraph (2), the department shall consider three or more incidents of violation of, or noncompliance with, a requirement specified in subdivision (a) or (b) of Section 25186 for which a person or entity has been found liable or has been convicted, with respect to a single facility within a five-year period, as compelling cause to deny, suspend, or revoke the permit, registration, or certificate. -(2) This subdivision does not apply to a third violation or noncompliance if the department finds that extraordinary circumstances exist, including that a denial, suspension, or revocation would endanger the public health or safety or the environment. -(3) This subdivision does not limit or modify the department’s authority to deny, suspend, or revoke any permit, registration, or certificate pursuant to Section 25186 or any other law. -SEC. 3. -Section 25186.2 of the Health and Safety Code is amended to read: -25186.2. -The department may temporarily suspend any permit, registration, or certificate issued pursuant to this chapter prior to any hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. In making this determination, the department may rely on any information, including, but not limited to, information concerning an actual, threatened, or potential harm to the public health or safety or the environment, information concerning a release or threat of a release, or a human health or ecological risk assessment. The department shall notify the holder of the permit, registration, or certificate of the temporary suspension and the effective date thereof and at the same time shall serve the person with an accusation. Upon receipt by the department of a notice of defense to the accusation from the holder of the permit, registration, or certificate, the department shall, within 15 days, set the matter for a hearing, which shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits, which shall be made within 60 days after the completion of the hearing. If the determination is not transmitted within this period, the temporary suspension shall be of no further effect. -SEC. 4. -Section 25189.4 is added to the Health and Safety Code, to read: -25189.4. -(a) In addition to any penalty imposed under any other law, a person who is subject to the imposition of civil or criminal penalties pursuant to the provisions specified in subdivision (b) shall also be subject to an additional civil penalty of not less than five thousand dollars ($5,000) or more than fifty thousand dollars ($50,000) for each day of each violation, if the person has been found liable for, or has been convicted of, two or more previous violations subject to the penalties specified in subdivision (b) and those violations or convictions occurred within any consecutive 60 months. -(b) The additional liability specified in subdivision (a) shall apply to a penalty imposed pursuant to, or a conviction under, paragraph (2) of subdivision (g) of Section 25187.8, or Section 25189, 25189.2, 25189.3, 25189.5, 25189.6, or 25189.7.","(1) The Hazardous Waste Control Law regulates the use and disposal of hazardous waste and authorizes the Department of Toxic Substances Control to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued to, a person or entity if that person or entity engaged in specified activities in violation of the Hazardous Waste Control Law or other laws. -This bill would require the department to consider, except under specified circumstances, 3 or more violations of, or noncompliance with, specified provisions for which a person or entity has been found liable or has been convicted, with respect to a single hazardous waste facility within a 5-year period, as compelling cause to deny, suspend, or revoke a permit, registration, or certificate applied for by, or issued to, that person or entity. -(2) Existing law authorizes the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that action is necessary to prevent or mitigate an imminent and substantial danger to the public health or safety or the environment. Existing law requires the department, upon receipt of a notice of defense to the accusation from the holder of the permit, registration, or certificate, to set the matter for hearing within 15 days and to hold the hearing as soon as possible, but not later than 30 days after receipt of the notice. Existing law requires the hearing to be held without delay and completed as soon as possible. -This bill would instead authorize the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. The bill would repeal the requirement that the hearing be held without delay and completed as soon as possible. -(3) Existing law provides for the imposition of civil and criminal penalties upon persons who violate the requirements of the hazardous waste control law or take other actions with regard to the handling of hazardous waste. -This bill would impose, upon a person who is subject to the imposition of those civil or criminal penalties, an additional civil penalty of not less than $5,000 or more than $50,000 for each day of each violation, if the person has been found liable for, or been convicted of, 2 or more previous violations of certain of these hazardous waste-related provisions within any consecutive 60 months.","An act to amend Sections 25186 and 25186.2 of, and to add Sections 25186.05 and 25189.4 to, the Health and Safety Code, relating to hazardous waste." -716,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Mutual water companies are nonprofit entities that seek to provide quality water service to their residential, commercial, municipal, and agricultural shareholders or members, many through small water systems and in disadvantaged communities throughout the state. -(b) Since 2013, mutual water companies have made great improvements to water quality and service reliability across California, as well as to the transparency of their operations and finances. -(c) Mutual water companies have been leaders in promoting water conservation and efficiency since the drought emergency in California began. -(d) Mutual water companies serve as the sole water provider in their service territories and act in many ways like public agencies, and they therefore should take reasonable steps to ensure their shareholders and customers have a voice in the operations of the company. -(e) Many mutual water companies have small or no meeting facilities, some of which meet in board members’ residences, that can safely hold only a limited number of people, and are located in remote parts of California that are difficult to access by some shareholders and customers of the mutual water company. -(f) Many small mutual water companies have limited financial means and it is important that their financial resources be put to efficient use in fulfilling their duty to provide safe and affordable water to their shareholders and members. -(g) Mutual water companies are unique, and unlike large public agencies or for-profit utilities, these nonprofit organizations are solely responsible to their shareholders and customers and not the broader public outside of their service area. -(h) Given the distinctive operational constraints faced by mutual water companies, the Legislature believes that mutual water companies should, where economically and technologically feasible, have means to provide the greatest shareholder and customer access to meetings within these constraints. -SEC. 2. -Section 14305 of the Corporations Code is amended to read: -14305. -(a) (1) This section shall be known and may be cited as the Mutual Water Company Open Meeting Act. -(2) This section shall only apply to a mutual water company that operates a public water system. -(b) (1) (A) A board of directors of a mutual water company shall allow an eligible person to personally attend a meeting of the board, if the eligible person gave the board at least 24 hours advance written notice of his or her intent to personally attend the meeting. -(B) Notwithstanding any other law, the board of directors may use teleconferencing to provide any eligible person access to the meeting that otherwise would be denied attendance at a meeting of the board for failure to provide this notice, or because the number of eligible persons having already provided notice of attendance exceeds the room capacity of the place of the meeting described in the notice issued pursuant to subdivision (f). The teleconferenced meeting or proceeding shall comply with this section and all other applicable provisions of law relating to a specific type of meeting or proceeding conducted by a mutual water company. If the board uses teleconferencing, the board shall provide to an eligible person attending a meeting by teleconference, before the meeting begins, an electronic copy or photocopy of all documents not related to an executive session to be discussed at the meeting. A board of directors of a mutual water company shall not prohibit an eligible person from attending a meeting of the board either in person, so long as the eligible person has complied with the notice requirement of paragraph (A), or by teleconference except as provided by paragraph (2). A board of directors may allow an eligible person to attend the meeting personally in lieu of using teleconferencing pursuant to this paragraph. -(C) For purposes of this subdivision, the term “teleconference” means, to the extent it is technologically feasible, any electronic means, that includes either audio or video or both, that allows an eligible person to hear a meeting and verbally interact with the board, including, but not limited to, a telephone, cellular telephone with speaker phone technology, or computer, or a device using internet-based video or audio conference technology. -(2) A board of directors of a mutual water company shall only meet in executive session during a meeting. A board may prohibit an eligible person from attending an executive session to consider pending or potential litigation, matters relating to the formation of contracts with third parties, including matters relating to the potential acquisition of real property or water rights, member or shareholder discipline, personnel matters, or to meet with a member or shareholder, upon the member or shareholder’s request, regarding the member or shareholder’s payment of assessments, as specified in Section 14303. -(3) The board of directors of a mutual water company shall meet in executive session, if requested by a member or shareholder who may be subject to a fine, penalty, or other form of discipline, and the member shall be entitled to attend the executive session. -(4) An eligible person shall be entitled to attend a teleconference meeting, as specified in paragraph (3) of subdivision (o), or the portion of the teleconference meeting that is open to eligible persons, and shall be entitled to attend with or without fulfilling the notice requirement in paragraph (1). The teleconference meeting or portion of the meeting that is open to eligible persons shall be audible to the eligible person in a location specified in the notice of the meeting. -(c) Any matter discussed in executive session shall be generally noted in the minutes of the meeting at which the executive session occurred. -(d) The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the board of directors of a mutual water company, conducted on or after January 1, 2014, other than an executive session, shall be available to eligible persons within 30 days of the meeting. The minutes, proposed minutes, or summary minutes shall be provided to any eligible person upon request and upon reimbursement of the mutual water company’s costs for providing the minutes. -(e) The pro forma budget required in Section 14306 shall be available to eligible persons within 30 days of the meeting at which the budget was adopted. The budget shall be provided to any eligible person upon request and upon reimbursement of the mutual water company’s costs. -(f) Unless the bylaws provide for a longer period of notice, eligible persons shall be given notice of the time and place of a meeting as defined in subdivision (o), except for an emergency meeting, at least four days prior to the meeting. Notice shall be given by posting the notice in a prominent, publicly accessible place or places within the territory served by the mutual water company and by mail to any eligible person who had requested notification of board meetings by mail, at the address requested by the eligible person. Eligible persons requesting notice by mail shall pay the costs of reproduction and mailing of the notice in advance. Notice may also be given by mail, by delivery of the notice to each unit served by the mutual water company, or, with the consent of the eligible person, by electronic means. The notice shall contain the agenda for the meeting. -(g) An emergency meeting of the board may be called by the chief executive officer of the mutual water company, or by any two members of the board of directors other than the chief executive officer, if there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice as required by this section. -(h) The board of directors of a mutual water company shall permit any eligible person to speak at any meeting of the mutual water company or the board of directors, except for any portion of a meeting that is held in executive session outside the presence of eligible persons. A reasonable time limit for all eligible persons to speak to the board of directors or before a meeting of the mutual water company shall be established by the board of directors. -(i) (1) Except as described in paragraphs (2) to (4), inclusive, the board of directors of the mutual water company shall not discuss or take action on any item at a nonemergency meeting unless the item was placed on the agenda included in the notice that was posted and distributed pursuant to subdivision (f). This subdivision does not prohibit an eligible person who is not a member of the board from speaking on issues not on the agenda. -(2) Notwithstanding paragraph (1), a member of the board of directors, mutual water company officers, or a member of the staff of the mutual water company, may do any of the following: -(A) Briefly respond to statements made or questions posed by a person speaking at a meeting as described in subdivision (h). -(B) Ask a question for clarification, make an announcement, or make a brief report on his or her own activities, whether in response to questions posed by an eligible person or based upon his or her own initiative. -(3) Notwithstanding paragraph (1), the board of directors or a member of the board of directors, subject to rules or procedures of the board of directors, may do any of the following: -(A) Provide a reference to, or provide other resources for factual information to, the mutual water company’s officers or staff. -(B) Request the mutual water company’s officers or staff to report back to the board of directors at a subsequent meeting concerning any matter, or take action to direct the mutual water company’s officers or staff to place a matter of business on a future agenda. -(C) Direct the mutual water company’s officers or staff to perform administrative tasks that are necessary to carry out this subdivision. -(4) (A) Notwithstanding paragraph (1), the board of directors may take action on any item of business not appearing on the agenda posted and distributed pursuant to subdivision (f) under any of the following conditions: -(i) Upon a determination made by a majority of the board of directors present at the meeting that an emergency situation exists. An emergency situation exists if there are circumstances that could not have been reasonably foreseen by the board, that require immediate attention and possible action by the board, and that, of necessity, make it impracticable to provide notice. -(ii) Upon a determination made by the board by a vote of two-thirds of the members present at the meeting, or, if less than two-thirds of total membership of the board is present at the meeting, by a unanimous vote of the members present, that there is a need to take immediate action and that the need for action came to the attention of the board after the agenda was posted and distributed pursuant to subdivision (f). -(iii) The item appeared on an agenda that was posted and distributed pursuant to subdivision (f) for a prior meeting of the board of directors that occurred not more than 30 calendar days before the date that action is taken on the item and, at the prior meeting, action on the item was continued to the meeting at which the action is taken. -(B) Before discussing any item pursuant to this paragraph, the board of directors shall openly identify the item to the members in attendance at the meeting. -(j) (1) Notwithstanding any other law, the board of directors shall not take action on any item of business outside of a meeting. -(2) (A) Notwithstanding any other provision of law, the board of directors shall not conduct a meeting via a series of electronic transmissions, including, but not limited to, electronic mail, except as specified in subparagraph (B). -(B) Electronic transmissions may be used as a method of conducting an emergency meeting if all members of the board, individually or collectively, consent in writing to that action, and if the written consent or consents are filed with the minutes of the meeting of the board. These written consents may be transmitted electronically. -(k) (1) An eligible person may bring a civil action for declaratory or equitable relief for a violation of this section by a mutual water company for which he or she is defined as an eligible person for a judicial determination that an action taken by the board is null and void under this section. -(2) Prior to the commencement of an action pursuant to paragraph (1), the eligible person shall make a demand on the board to cure or correct the action alleged to be taken in violation of this section. The demand shall be in writing, and submitted within 90 days from the date the action was taken. The demand shall state the challenged action of the board and the nature of the alleged violation. -(3) Within 30 days of receipt of the demand, the board shall cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct, or inform the demanding party in writing of its decision not to cure or correct the challenged action. -(4) Within 15 days of receipt of the written notice of the board’s decision to cure or correct or not to cure or correct, or within 15 days of the expiration of the 30-day period to cure or correct, whichever is earlier, the demanding party shall commence the action pursuant to paragraph (1). If the demanding party fails to commence the action pursuant to paragraph (1), that party shall be barred from commencing the action thereafter. -(l) A board action that is alleged to have been taken in violation of this section shall not be determined to be void if the action taken was in substantial compliance with this section. -(m) The fact that the board of directors of a mutual water company takes subsequent action to cure or correct an action taken pursuant to this section shall not be construed as, or admissible as evidence of, a violation of this section. -(n) An eligible person who prevails in a civil action to enforce his or her rights pursuant to this section shall be entitled to reasonable attorney’s fees and court costs. A prevailing mutual water company shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. -(o) As used in this section: -(1) “Eligible person” means a person who is any of the following: -(A) A shareholder or member of the mutual water company. -(B) A person who is an occupant, pursuant to a lease or a rental agreement, of commercial space or a dwelling unit to which the mutual water company sells, distributes, supplies, or delivers drinking water. -(C) An elected official of a city or county who represents people who receive drinking water directly from the mutual water company on a retail basis. -(D) Any other person eligible to participate in the mutual water company’s meetings under provisions of the company’s articles or bylaws. -(2) “Item of business” means any action within the authority of the board, except those actions that the board has validly delegated to any other person or persons, officer of the mutual water company, or committee of the board comprising less than a majority of the directors. -(3) “Meeting” means either of the following: -(A) A congregation of a majority of the members of the board at the same time and place to hear, discuss, or deliberate upon any item of business that is within the authority of the board. -(B) A teleconference in which a majority of the members of the board, in different locations, are connected by electronic means, through audio or video or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the mutual water company and otherwise complies with the requirements of this title. The notice of the teleconference meeting shall identify at least one physical location so that members of the mutual water company may attend and at least one member of the board of directors or a person designated by the board shall be present at that location. Participation by board members in a teleconference meeting constitutes presence at that meeting as long as all board members participating in the meeting are able to hear one another and members of the mutual water company speaking on matters before the board. -(4) “Mutual water company” means a mutual water company, as defined in Section 14300, that operates a public water system, as defined in Section 14300.5.","Under existing law, a mutual water company is defined as a corporation organized for or engaged in the business of selling, distributing, supplying, or delivering water for irrigation or domestic purposes that provides in its articles or bylaws that the water shall be sold, distributed, supplied, or delivered only to owners of its shares, as specified. -A mutual water company may be organized under the General Corporation Law or the Nonprofit Mutual Benefit Corporation Law. The Mutual Water Company Open Meeting Act authorizes an eligible person, upon 24 hours advance written notice, to attend meetings of the board of directors of a mutual water company that operates a public water system, except when the board adjourns to, or meets solely in, executive session. -This bill would prohibit a mutual water company from meeting solely in an executive session without holding a meeting. The bill would require notice of a meeting to be given to an eligible person at least 4 days prior to the meetings. The bill would require a board of directors of a mutual water company to allow an eligible person to personally attend a meeting of the board, if the eligible person gave the board at least 24 hours advance written notice of his or her intent to personally attend the meeting. The bill would authorize the board to allow an eligible person who was denied attendance at a meeting for failure to provide this notice, or because the number of eligible persons having already provided notice of attendance exceeds the room capacity of the place of the meeting, to attend the meeting by teleconference, and would further require the board to provide to an eligible person attending a meeting by teleconference a copy of the documents to be discussed at the meeting, as specified.","An act to amend Section 14305 of the Corporations Code, relating to mutual water companies." -717,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 34171 of the Health and Safety Code is amended to read: -34171. -The following terms shall have the following meanings: -(a) “Administrative budget” means the budget for administrative costs of the successor agencies as provided in Section 34177. -(b) “Administrative cost allowance” means an amount that, subject to the approval of the oversight board, is payable from property tax revenues of up to 5 percent of the property tax allocated to the successor agency on the Recognized Obligation Payment Schedule covering the period January 1, 2012, through June 30, 2012, and up to 3 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund money that is allocated to the successor agency for each fiscal year thereafter; provided, however, that the amount shall not be less than two hundred fifty thousand dollars ($250,000), unless the oversight board reduces this amount, for any fiscal year or such lesser amount as agreed to by the successor agency. However, the allowance amount shall exclude, and shall not apply to, any administrative costs that can be paid from bond proceeds or from sources other than property tax. Administrative cost allowances shall exclude any litigation expenses related to assets or obligations, settlements and judgments, and the costs of maintaining assets prior to disposition. Employee costs associated with work on specific project implementation activities, including, but not limited to, construction inspection, project management, or actual construction, shall be considered project-specific costs and shall not constitute administrative costs. -(c) “Designated local authority” shall mean a public entity formed pursuant to subdivision (d) of Section 34173. -(d) (1) “Enforceable obligation” means any of the following: -(A) Bonds, as defined by Section 33602 and bonds issued pursuant to Chapter 10.5 (commencing with Section 5850) of Division 6 of Title 1 of the Government Code, including the required debt service, reserve set-asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency. A reserve may be held when required by the bond indenture or when the next property tax allocation will be insufficient to pay all obligations due under the provisions of the bond for the next payment due in the following half of the calendar year. -(B) Loans of moneys borrowed by the redevelopment agency for a lawful purpose, to the extent they are legally required to be repaid pursuant to a required repayment schedule or other mandatory loan terms. -(C) Payments required by the federal government, preexisting obligations to the state or obligations imposed by state law, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies’ employees, including, but not limited to, pension payments, pension obligation debt service, unemployment payments, or other obligations conferred through a collective bargaining agreement. Costs incurred to fulfill collective bargaining agreements for layoffs or terminations of city employees who performed work directly on behalf of the former redevelopment agency shall be considered enforceable obligations payable from property tax funds. The obligations to employees specified in this subparagraph shall remain enforceable obligations payable from property tax funds for any employee to whom those obligations apply if that employee is transferred to the entity assuming the housing functions of the former redevelopment agency pursuant to Section 34176. The successor agency or designated local authority shall enter into an agreement with the housing entity to reimburse it for any costs of the employee obligations. -(D) Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision. -(E) Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy. However, nothing in this act shall prohibit either the successor agency, with the approval or at the direction of the oversight board, or the oversight board itself from terminating any existing agreements or contracts and providing any necessary and required compensation or remediation for such termination. Titles of or headings used on or in a document shall not be relevant in determining the existence of an enforceable obligation. -(F) Contracts or agreements necessary for the administration or operation of the successor agency, in accordance with this part, including, but not limited to, agreements concerning litigation expenses related to assets or obligations, settlements and judgments, and the costs of maintaining assets prior to disposition, and agreements to purchase or rent office space, equipment and supplies, and pay-related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134. -(G) Amounts borrowed from, or payments owing to, the Low and Moderate Income Housing Fund of a redevelopment agency, which had been deferred as of the effective date of the act adding this part; provided, however, that the repayment schedule is approved by the oversight board. Repayments shall be transferred to the Low and Moderate Income Housing Asset Fund established pursuant to subdivision (d) of Section 34176 as a housing asset and shall be used in a manner consistent with the affordable housing requirements of the Community Redevelopment Law (Part 1 (commencing with Section 33000)). -(2) For purposes of this part, “enforceable obligation” does not include any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. However, written agreements entered into (A) at the time of issuance, but in no event later than December 31, 2010, of indebtedness obligations, and (B) solely for the purpose of securing or repaying those indebtedness obligations may be deemed enforceable obligations for purposes of this part. Notwithstanding this paragraph, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created it, within two years of the date of creation of the redevelopment agency, may be deemed to be enforceable obligations. -(3) Contracts or agreements between the former redevelopment agency and other public agencies, to perform services or provide funding for governmental or private services or capital projects outside of redevelopment project areas that do not provide benefit to the redevelopment project and thus were not properly authorized under Part 1 (commencing with Section 33000) shall be deemed void on the effective date of this part; provided, however, that such contracts or agreements for the provision of housing properly authorized under Part 1 (commencing with Section 33000) shall not be deemed void. -(4) The department may determine that an agreement between a former redevelopment agency and a joint powers authority that was created to exercise the powers provided by the Military Base Reuse Authority Act (Title 7.86 (commencing with Section 67800) of the Government Code) is an enforceable obligation. -(e) “Indebtedness obligations” means bonds, notes, certificates of participation, or other evidence of indebtedness, issued or delivered by the redevelopment agency, or by a joint exercise of powers authority created by the redevelopment agency, to third-party investors or bondholders to finance or refinance redevelopment projects undertaken by the redevelopment agency in compliance with the Community Redevelopment Law (Part 1 (commencing with Section 33000)). -(f) “Oversight board” shall mean each entity established pursuant to Section 34179. -(g) “Recognized obligation” means an obligation listed in the Recognized Obligation Payment Schedule. -(h) “Recognized Obligation Payment Schedule” means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each six-month fiscal period as provided in subdivision (m) of Section 34177. -(i) “School entity” means any entity defined as such in subdivision (f) of Section 95 of the Revenue and Taxation Code. -(j) “Successor agency” means the successor entity to the former redevelopment agency as described in Section 34173. -(k) “Taxing entities” means cities, counties, a city and county, special districts, and school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, that receive passthrough payments and distributions of property taxes pursuant to the provisions of this part. -(l) “Property taxes” include all property tax revenues, including those from unitary and supplemental and roll corrections applicable to tax increment. -(m) “Department” means the Department of Finance unless the context clearly refers to another state agency. -(n) “Sponsoring entity” means the city, county, or city and county, or other entity that authorized the creation of each redevelopment agency. -(o) “Final judicial determination” means a final judicial determination made by any state court that is not appealed, or by a court of appellate jurisdiction that is not further appealed, in an action by any party. -(p) From July 1, 2014, to July 1, 2018, inclusive, “housing entity administrative cost allowance” means an amount of up to 1 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund on behalf of the successor agency for each applicable fiscal year, but not less than one hundred fifty thousand dollars ($150,000) per fiscal year. -(1) If a local housing authority assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176, then the housing entity administrative cost allowance shall be listed by the successor agency on the Recognized Obligation Payment Schedule. Upon approval of the Recognized Obligation Payment Schedule by the oversight board and the department, the housing entity administrative cost allowance shall be remitted by the successor agency on each January 2 and July 1 to the local housing authority that assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176. -(2) If there are insufficient moneys in the Redevelopment Obligations Retirement Fund in a given fiscal year to make the payment authorized by this subdivision, the unfunded amount may be listed on each subsequent Recognized Obligation Payment Schedule until it has been paid in full. In these cases the five-year time limit on the payments shall not apply.","Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies, subject to review by oversight boards, and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law defines “enforceable obligation” for these purposes to generally exclude any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. -The Military Base Reuse Authority Act authorizes the creation of a military base reuse authority to plan, finance, and manage the transition of a military base from military to civilian use, as specified. -This bill would authorize the Department of Finance to find that an agreement between a former redevelopment agency and a joint powers authority that was created to exercise the powers provided by the Military Base Reuse Authority Act is an enforceable obligation.","An act to amend Section 34171 of the Health and Safety Code, relating to redevelopment." -718,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 69432.9 of the Education Code is amended to read: -69432.9. -(a) A Cal Grant applicant shall submit a complete official financial aid application pursuant to Section 69433 and applicable regulations adopted by the commission. Each pupil enrolled in grade 12 in a California public school, including a charter school, other than pupils who opt out as provided in subdivision (d), shall be deemed to be a Cal Grant applicant. -(b) Financial need shall be determined to establish an applicant’s initial eligibility for a Cal Grant award and a renewing recipient’s continued eligibility using the federal financial need methodology pursuant to subdivision (a) of Section 69506 and applicable regulations adopted by the commission, and as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Secs. 1070 et seq.). -(1) “Expected family contribution,” with respect to an applicant or renewing recipient, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Secs. 1070 et seq.)) and applicable rules and regulations adopted by the commission. -(2) “Financial need” means the difference between the student’s cost of attendance as determined by the commission and the expected family contribution. The calculation of financial need shall be consistent with Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Secs. 1070 et seq.). -(3) (A) The minimum financial need required for receipt of an initial and renewal Cal Grant A or C award shall be no less than the maximum annual award value for the applicable institution, plus an additional one thousand five hundred dollars ($1,500) of financial need. -(B) The minimum financial need required for receipt of an initial and renewal Cal Grant B award shall be no less than seven hundred dollars ($700). -(c) (1) The commission shall require that a grade point average be submitted to it for all Cal Grant A and B applicants, except for those permitted to provide test scores in lieu of a grade point average. -(2) The commission shall require that a grade point average be submitted to it electronically on a standardized form for all grade 12 pupils at public schools, including charter schools, each academic year, except for pupils who have opted out as provided in subdivision (d). Social security numbers shall not be included in the information submitted to the commission. However, if the commission determines that a social security number is required to complete the application for financial aid, the school, school district, or charter school may obtain permission from the parent or guardian of the pupil, or the pupil, if he or she is 18 years of age, to submit the pupil’s social security number to the commission. -(3) The commission shall require that each report of a grade point average include a certification, executed under penalty of perjury, by a school official, that the grade point average reported is accurately reported. The certification shall include a statement that it is subject to review by the commission or its designee. -(4) The commission shall adopt regulations that establish a grace period for receipt of the grade point average and any appropriate corrections, and that set forth the circumstances under which a student may submit a specified test score designated by the commission, by regulation, in lieu of submitting a qualifying grade point average. -(5) It is the intent of the Legislature that high schools and institutions of higher education certify the grade point averages of their students in time to meet the application deadlines imposed by this chapter. -(6) It is the intent of the Legislature that the commission make available to each high school and school district a report identifying all grade 12 pupils within the high school or school district, respectively, who have and have not completed the Free Application for Federal Student Aid or the California Dream Act Application. -(d) (1) The school district or charter school shall, no later than October 15 of a pupil’s grade 12 academic year, notify, in writing, each grade 12 pupil and, for a pupil under 18 years of age, his or her parent or guardian that, pursuant to subdivision (a), the pupil will be deemed a Cal Grant applicant unless the pupil opts out within a period of time specified in the notice, which shall not be less than 30 days. The required notice shall indicate when the school will first send grade point averages to the commission. The school district or charter school shall provide an opportunity for the pupil to opt out of being automatically deemed a Cal Grant applicant. -(2) Until a pupil turns 18 years of age, only a parent or guardian may opt the pupil out. Once a pupil turns 18 years of age, only the pupil may opt himself or herself out and, if prior to the conclusion of the notice period, the pupil may opt in over the prior decision of a parent or guardian to opt out. -SEC. 2. -Section 69432.92 is added to the Education Code, to read: -69432.92. -(a) The commission may require verification of high school graduation or its equivalent to be electronically submitted for all former grade 12 pupils who graduated from public schools, including charter schools, in the prior academic year, except for pupils who have opted out as provided in subdivision (d) of Section 69432.9. -(b) It is the intent of the Legislature that high schools or high school districts verify the graduation of their pupils in time to meet the deadlines imposed by subdivision (e) of Section 69433.9. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","The Cal Grant Program establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C award, and the Cal Grant T award under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. As part of these eligibility requirements, existing law requires the commission to require that a grade point average be submitted to it electronically for all grade 12 pupils at public schools, including charter schools, each academic year, except as specified. -This bill would require this electronic submission to be on a standardized form. The bill would also authorize the commission to require that verification of high school graduation or its equivalent be electronically submitted for all former grade 12 pupils who graduated from public schools, including charter schools, in the prior academic year, except for pupils who have opted out, as specified. By requiring the electronic submission of grade point average information to be on a standardized form, and authorizing the commission to additionally require verification of graduation information of prior grade 12 pupils, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 69432.9 of, and to add Section 69432.92 to, the Education Code, relating to student financial aid." -719,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Whereas, on May 23, 2011, the United States Supreme Court ordered California to reduce its prison population to 137.5 percent of design capacity within two years from the date of its ruling. -(b) As of December 10, 2014, the prison population was at 140 percent of design capacity, exceeding the final February 2016 population cap by approximately 2,104 inmates. -(c) The 2011 Public Safety Realignment, addressing public safety and, in an effort to reduce California’s prison population, shifted to counties the responsibility for monitoring, tracking, and incarcerating lower level offenders previously sent to state prison. By mid-2013, more than 100,000 offenders had been diverted to county supervision instead of going to state prisons. -(d) On November 4, 2014, the voters of California passed Proposition 47, which requires misdemeanor rather than felony sentencing for certain property and drug crimes and permits inmates previously sentenced for these reclassified crimes to petition for resentencing. As of December 4, 2014, 132 inmates had been resentenced and released from prison. Under this proposition, it is estimated that the 2015–16 institution average daily population will be reduced by approximately 1,900 inmates as a result of resentencing and the reduction in new admissions. -(e) Research shows that formerly incarcerated individuals do better and remain out of prison longer when they have training and a job with advancement opportunities. Obtaining quality jobs, however, is not realistic for many incarcerated individuals without additional training education. Workforce training opportunities to men and women reentering our communities ensures that they gain training and education, job readiness skills, and job placement assistance required for securing necessary employment after being released from prison. This would lower repeat offenses, and ultimately, the number of people incarcerated, as a number of studies have proven that people are less likely to offend or recidivate if they are gainfully employed. -(f) Investing in services and supports for the reentry population is also consistent with statewide workforce goals. California’s Strategic Workforce Development Plan 2013–2017 includes the goal of providing access to quality employment services for formally incarcerated individuals as an overarching priority for the State Workforce Investment Board. -SEC. 2. -Section 1234.2 of the Penal Code is amended to read: -1234.2. -The State WIB shall administer the grant program as follows: -(a) Develop criteria for the selection of grant recipients through a public application process, including, but not limited to, the rating and ranking of applications that meet the threshold criteria set forth in this section. -(b) Design the grant program application process to ensure all of the following occurs: -(1) Outreach and technical assistance is made available to eligible applicants, especially to small population and rural counties. -(2) Grants are awarded on a competitive basis. -(3) Small and rural counties are competitive in applying for funds. -(4) Applicants are encouraged to develop evidence-based, best practices for serving the workforce training and education needs of the supervised population. -(5) The education and training needs of one or both of the following are addressed: -(A) Individuals with some postsecondary education who can enter into programs and benefit from services that result in certifications, and placement on a middle skill career ladder. -(B) Individuals who require basic education as well as training in order to obtain entry level jobs where there are opportunities for career advancement. -SEC. 3. -Section 1234.3 of the Penal Code is amended to read: -1234.3. -(a) The grant program shall be competitively awarded through at least two rounds of funding, with the first phase of funding being awarded on or before May 1, 2015. -(b) Each county is eligible to apply, and a single application may include multiple counties applying jointly. Each application shall include a partnership agreement between the county or counties and one or more local workforce investment boards that outline the actions each party agrees to undertake as part of the project proposed in the application. -(c) At a minimum, each project proposed in the application shall include a provision for an education and training assessment for each individual of the supervised population who participates in the project. The assessment may be undertaken by the applicant or by another entity. A prior assessment of an individual may be used if, in the determination of the State WIB, its results are accurate. The State WIB may delegate the responsibility for determining the sufficiency of a prior assessment to one or more local workforce investment boards. -(d) Eligible uses of grant funds include, but are not limited to, vocational training, stipends for trainees, and apprenticeship opportunities for the supervised population. Supportive services and job readiness activities shall serve as bridge activities that lead to enrollment in long-term training programs. -(e) Preference shall be awarded to applications for the following: -(1) An application that proposes matching funds, including, but not limited to, moneys committed by local workforce investment boards, local governments, and private foundation funds. -(2) An application submitted by a county that currently administers or participates in a workforce training program for the supervised population. -(3) An application that proposes participation by one or more nonprofit community-based organizations that serve the supervised population. -(f) An application shall meet the following requirements: -(1) Set a specific purpose for the use of the grant funds, as well as provide the baseline criteria and metrics by which the overall success of the grant project can be evaluated. -(2) Define the specific subset of the supervised population, among the eligible supervised population that the grant money will serve. -(3) Define the industry sector or sectors in which the targeted supervised population will be trained, including the current and projected workforce within the region for those jobs, the range of wage rates, and the training and education requirements within those industry sectors. -(4) Define the general methodology and training methods proposed to be used and explain the manner in which the progress of the targeted supervised population will be monitored during the grant period. -(g) As a condition of receiving funds, a grant recipient shall agree to provide information to the State WIB in sufficient detail to allow the State WIB to meet the reporting requirements in Section 1234.4. -SEC. 4. -Section 1234.4 of the Penal Code is amended to read: -1234.4. -(a) On at least an annual basis, and upon completion of the grant period, grant recipients shall report to the State WIB regarding their use of the funds and workforce training program outcomes. -(b) By January 1, 2018, the State WIB shall submit a report to the Legislature using the reports from the grant recipients. The report shall contain all the following information: -(1) The overall success of the grant program, based on the goals and metrics set in the awarded grants. -(2) An evaluation of the effectiveness of the grant program based on the goals and metrics set in the awarded grants. -(3) A recommendation on the long-term viability of local workforce investment board and county collaborations on workforce training programs for the supervised population. -(4) A recommendation on the long-term viability of county workforce training programs for the supervised population. -(5) In considering the overall success and effectiveness of the grant program, the report shall include a discussion of all of the following: -(A) The education and workforce readiness of the supervised population at the time individual participants entered the program and how this impacted the types of services needed and offered. -(B) Whether the programs aligned with the workforce needs of high-demand sectors of the state and regional economies. -(C) Whether there was an active job market for the skills being developed where the member of the supervised population was likely to be released. -(D) Whether the program increased the number of members of the supervised population that obtained a marketable and industry or apprenticeship board-recognized certification, credential, or degree. -(E) Whether the program increased the numbers of the supervised population that successfully complete a job readiness basic skill bridge program and enroll in a long-term training program. -(F) Whether there were formal or informal networks in the field that support finding employment upon release from custody. -(G) Whether the program led to employment in occupations with a livable wage. -(H) Whether the metrics used to evaluate the individual grants were sufficiently aligned with the objectives of the program. -(c) (1) The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. -(2) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. -SEC. 5. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to provide cost savings to the state by making the grant program operate more efficiently as soon as possible, it is necessary that this act take effect immediately.","Existing law establishes the California Workforce Investment Board (State WIB) to assist the Governor in the development, oversight, and improvement of the state workforce investment system and the alignment of the education and workforce systems, as specified. Existing law also establishes local workforce investment boards to assist in the planning, oversight, and evaluation of local workforce investment. -Existing law establishes the Supervised Population Workforce Training Grant Program to be administered by the State WIB. The program awards grants on a competitive basis to counties that propose a project that provides, at a minimum, an education and training assessment for persons who are on probation, mandatory supervision, or postrelease community supervision and are supervised by, or under the jurisdiction of, a county. Existing law establishes criteria for the grant program, including that the education and training needs of both individuals who have some postsecondary education, and those who require basic education and training, are addressed. Existing law requires each project proposed in the application for a grant to include a provision for an education and training assessment for each individual of the supervised population who participates in the project, and provides that a prior assessment of an individual may be used if, in the determination of the State WIB, its results are accurate. Existing law requires grant recipients to report to the State WIB, at least annually and upon completion of the grant period, regarding their use of the funds and workforce training program outcomes. Existing law requires, by January 1, 2018, the State WIB to submit a report to the Legislature using the reports from the grant recipients, and requires the report to contain specified information. -This bill would revise the criteria for the grant program by authorizing a grant applicant to address the education and training needs of individuals who have some postsecondary education, or individuals who require basic education and training, or individuals in both categories. The bill would authorize the State WIB to delegate the responsibility for determining the sufficiency of a prior assessment to one or more local workforce investment boards. The bill would also require the report to the Legislature to include a discussion of the education and workforce readiness of the supervised population at the time individual participants entered the program and how this impacted the types of services needed and offered, and whether the metrics used to evaluate the individual grants were sufficiently aligned with the objectives of the program. The bill would also include a statement of legislative findings and declarations. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 1234.2, 1234.3, and 1234.4 of the Penal Code, relating to public safety, and declaring the urgency thereof, to take effect immediately." -720,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) Residential and commercial buildings and the systems and equipment within them were responsible for 69 percent of all electricity consumption in California in 2013, the equivalent output of 70 500-megawatt powerplants. Under the 2000–13 historical growth trends, this is projected to increase to the equivalent of 79 powerplants by 2030. The electric power sector is the second largest source of greenhouse gas emissions in California after transportation, comprising 21 percent of the state’s total emissions. -(2) Plug-in equipment is responsible for two-thirds of electricity consumption in residential buildings and a significant share of electricity consumption in office buildings. This electricity consumption is increasing rapidly, indicating that current plug-in equipment efficiency policy efforts are outpaced by the growth in the number of electronic devices and their electricity consumption, jeopardizing California’s ability to meet its energy and climate goals. -(3) Cost-effective technologies such as those used in mobile electronic devices already exist to significantly reduce the electricity consumption of plug-in equipment, but are not used in the majority of plug-in electronic devices. -(4) California has set ambitious goals for renewable energy and energy efficiency in the envelope, major systems, and lighting of buildings, but does not have quantified goals for a category that now represents two-thirds of the electricity consumption in the state’s residential buildings and a significant share of the electricity consumption in commercial buildings. -(5) Market barriers, such as a lack of consumer awareness and information on product lifetime energy costs, and split incentives between manufacturers who make product design decisions and consumers who pay the electricity bill, give efficiency programs and standards a critical role in realizing the economic potential for energy efficiency in plug-in equipment. -(6) Challenges with the evaluation and the attribution of program savings to utilities and program implementers, as well as the focus on short-term savings, are limiting the effective use of these programs to capture energy-saving opportunities that require upfront investment to yield large future savings through market transformation. -(7) The State Energy Resources Conservation and Development Commission and the Public Utilities Commission have set a goal to achieve zero net energy for all new residential buildings by 2020 and for all new, and a substantial proportion of existing, commercial buildings by 2030. -(8) The Legislature supports the zero net energy goals of the State Energy Resources Conservation and Development Commission and the Public Utilities Commission as a key strategy to decarbonize the California economy. -(9) Plug-in equipment electricity consumption may not be fully accounted for in zero net energy models, leading to buildings designed and certified as zero net energy not necessarily achieving zero net energy in real-world operation when occupants bring in typical plug-in equipment. -(b) It is the intent of the Legislature to ensure that, in support of the state’s climate and energy goals, plug-in equipment energy consumption is reduced where technologically feasible and cost effective. -SEC. 2. -Section 25327 is added to the Public Resources Code, to read: -25327. -(a) (1) For purposes of this subdivision “HVAC” means heating, ventilation, and air conditioning. -(2) For the purposes of this section, except as provided in paragraph (3), “plug-in equipment” means an electrical device that plugs into a power outlet, including, but not limited to, household appliances, electronic products, miscellaneous electrical loads, portable and other plug-in HVAC equipment, and commercial plug-in appliances. -(3) “Plug-in equipment” does not include the following: -(A) Non-plug-in HVAC, including split, packaged, or built-up HVAC equipment that is typically installed by an HVAC contractor. -(B) Lighting, whether built in or portable. -(C) Infrastructure loads wired directly to the building electrical system, such as ground-fault circuit interrupter (GFCI) breakers and outlets, wired smoke or carbon monoxide detectors, and lighting switches. -(D) Electric vehicles. -(4) For purposes of this subdivision, power outlets include line outlets, such as 110-volt alternating current (AC) and other emerging power delivery mechanisms, including Universal Serial Bus (USB), Power over Ethernet (PoE), and 24-volt direct current (VDC). -(b) The commission shall, in collaboration with the Public Utilities Commission, do all of the following: -(1) Conduct an analysis of plug-in equipment electricity consumption, including appliances, electronics, and miscellaneous electric loads, to assess current use and trends. The commission shall draw on existing data and already-funded studies where appropriate to limit costs and reduce the time required to complete the analysis. The analysis shall focus on the top 80 percent of plug-in equipment average annual electricity consumption. -(2) Before January 1, 2018, set statewide, long-term energy efficiency targets -for -to reduce -the -amount of -electricity consumed by plug-in equipment. -(3) Develop an implementation plan, in consultation with stakeholders, including equipment manufacturers and retailers, to achieve the targets -set forth in -established under -paragraph (2). The implementation plan shall meet all of the following requirements: -(A) Be comprised of a complementary portfolio of techniques, applications, and practices that may include, but need not be limited to: revising existing, and setting new, appliance efficiency standards; working with federal government agencies to revise existing, and implement new, federal standards; implementing incentive programs, appliance early replacement rebate programs that link purchase and disposal rebates, and upstream market transformation programs; expanding research and development; and public outreach and education efforts. -(B) Consider costs and ratepayer protections, consistent with Section 25000.1. -(C) Use an accurate cost-effectiveness methodology for assessing the long-term value of efficiency savings and ensure that benefits outweigh costs to ratepayers. -(4) Track the progress of the implementation plan in meeting the targets annually through the Electricity Supply Analysis Division of the commission and the Energy Division of the Public Utilities Commission. -(5) Revise the implementation plan and priorities in consultation with stakeholders. -(6) Update the implementation plan, as a part of the integrated energy policy report required pursuant to Section 25302, with a report on the progress toward meeting the targets through the tracking required pursuant to paragraph (4). -(c) The Public Utilities Commission shall, in collaboration with the commission, work with stakeholders, including equipment manufacturers, equipment retailers, and electric utilities, to address challenges that may limit or inhibit the achievement of the targets set forth in paragraph (2) of subdivision (b), including, but not limited to, the evaluation and attribution of energy savings and the enabling of market transformation programs.","Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission), on a biennial basis, to conduct assessments and forecasts of all aspects of energy industry supply, production, transportation, delivery, and distribution. Existing law requires the Energy Commission, beginning November 1, 2003, and biennially thereafter, to adopt an integrated energy policy report containing an overview of major energy trends and issues facing the state. -Under existing law, the Public Utilities Commission has regulatory jurisdiction over the public utilities, including electrical corporations. -This bill would require the Energy Commission, in collaboration with the Public Utilities Commission, to conduct an analysis of plug-in equipment electricity consumption, as specified, and set statewide, long-term energy efficiency targets -for -to reduce -the -amount of -electricity consumed by plug-in equipment. The bill would require the Energy Commission, in collaboration with the Public Utilities Commission, to develop, track the progress of, revise, and update an implementation plan to achieve those targets, as specified. The bill would require the Public Utilities Commission, in collaboration with the Energy Commission, to work with stakeholders to address challenges to the achievement of those targets.","An act to add Section 25327 to the Public Resources Code, relating to energy." -721,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 44664.5 is added to the Education Code, to read: -44664.5. -(a) The superintendent of a school district shall make available to the public, and post on the Internet Web site of the school district, if it has one, all of the following: -(1) An easily understandable explanation of how the evaluation of certificated teaching staff is conducted, including, but not limited to, all blank evaluation forms, all procedures to be used for the evaluation of certificated teachers contained in the current collective bargaining agreement, how evaluations include the progress of pupils toward the locally adopted standards of expected pupil achievement at each grade level in each area of study, and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments. -(2) Whether or not the school district has adopted an evaluation system for school principals, and how it compares to the standards set forth in Sections 44670 and 44671. -(b) A county superintendent of schools shall make available to the public, and post on the Internet Web site of the county office of education, if it has one, all of the following: -(1) An easily understandable explanation of how the evaluation of certificated teaching staff is conducted, including, but not limited to, all blank evaluation forms, all procedures to be used for the evaluation of certificated teachers contained in the current collective bargaining agreement, how evaluations include the progress of pupils toward the locally adopted standards of expected pupil achievement at each grade level in each area of study, and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments. -(2) Whether or not the county office of education has adopted an evaluation system for school principals, and how it compares to the standards set forth in Sections 44670 and 44671. -SEC. 2. -Section 52061 of the -Education Code -is amended to read: -52061. -(a)On or before July 1, 2015, and each year thereafter, a school district shall update the local control and accountability plan. The annual update shall be developed using a template developed pursuant to Section 52064 and shall include all of the following: -(1)A review of any changes in the applicability of the goals described in paragraph (1) of subdivision (c) of Section 52060. -(2)A review of the progress toward the goals included in the existing local control and accountability plan, an assessment of the effectiveness of the specific actions described in the existing local control and accountability plan toward achieving the goals, and a description of changes to the specific actions the school district will make as a result of the review and assessment. -(3)A listing and description of the expenditures at the school district level and by schoolsite for the fiscal year implementing the specific actions included in the local control and accountability plan and the changes to the specific actions made as a result of the reviews and assessment required by paragraphs (1) and (2). -(4)A listing and description of expenditures at the school district level and by schoolsite for the fiscal year that will serve the pupils to whom one or more of the definitions in Section 42238.01 apply and pupils redesignated as fluent English proficient. -(b)The expenditures identified in subdivision (a) shall be classified using the California School Accounting Manual pursuant to Section 41010. -SEC. 3. -Section 52067 of the -Education Code -is amended to read: -52067. -(a)On or before July 1, 2015, and each year thereafter, a county board of education shall update the local control and accountability plan. The annual update shall be developed using a template developed pursuant to Section 52064 and shall include all of the following: -(1)A review of any changes in the applicability of the goals described in paragraph (1) of subdivision (c) of Section 52066. -(2)A review of the progress toward the goals included in the existing local control and accountability plan, an assessment of the effectiveness of the specific actions described in the existing local control and accountability plan toward achieving the goals, and a description of changes to the specific actions the county office of education will make as a result of the review and assessment. -(3)A listing and description of the expenditures at the county level and by schoolsite for the fiscal year implementing the specific actions included in the local control and accountability plan as a result of the reviews and assessment required by paragraphs (1) and (2). -(4)A listing and description of expenditures at the county level and by schoolsite for the fiscal year that will serve the pupils to whom one or more of the definitions in Section 42238.01 apply and pupils redesignated as fluent English proficient. -(b)The expenditures identified in subdivision (a) shall be classified using the California School Accounting Manual pursuant to Section 41010. -SEC. 4. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law required, on or before July 1, 2014, the governing boards of school districts and county boards of education to adopt a local control and accountability plan using a template adopted by the State Board of Education. Existing law requires the governing board of each school district and each county board of education to update its local control and accountability plan before July 1 of each year. Existing law requires an update to include, among other things, a listing and description of the expenditures for the fiscal year, as specified. -This bill would instead require that the annual update to a school district’s local control and accountability plan include a listing and description of the expenditures at the school district level and by schoolsite for the fiscal year, as specified. The bill would also require that the annual update to a county board of education’s local control and accountability plan include a listing and description of the expenditures at the county level and by schoolsite for the fiscal year, as specified. By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program. -(2) -(1) -Existing law requires the governing board of each school district to establish standards of expected pupil achievement at each grade level in each area of study and to evaluate and assess certificated employee performance on a continuing basis as it reasonably relates to the progress of pupils toward the established standards and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments, the instructional techniques and strategies used by the employee, the employee’s adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment, within the scope of the employee’s responsibilities. -This bill would require the superintendent of a school district and a county superintendent of schools to make available to the public, and post on its Internet Web site, if it has one, specified information relating to the evaluation of teachers and principals. By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program. -(3) -(2) -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to -amend Sections 52061 and 52067 of, and -add Section 44664.5 -to, -to -the Education Code, relating to school accountability." -722,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 41821.5 of the Public Resources Code is amended to read: -41821.5. -(a) Disposal facility operators shall submit information on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility to the department, and to counties that request the information, in a form prescribed by the department. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility. -(b) (1) Recycling and composting operations and facilities shall submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside of the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state. -(2) Exporters, brokers, self-haulers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. The department shall develop regulations implementing this section that define “self-hauler” to include, at a minimum, a person or entity that generates and transports, utilizing its own employees and equipment, more than one cubic yard per week of its own food waste to a location or facility that is not owned and operated by that person or entity. -(3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information. -(c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following: -(1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7. -(2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016. -(d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues. -(e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues. -(f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article. -(g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). -(2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entity’s geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises. -(3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time. -(4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976. -(5) For purposes of this subdivision, “disposal” and “disposal facility” have the same meanings as prescribed by Sections 40120.1 and 40121, respectively. -(6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015. -(7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department. -(h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department. -(i) All records provided in accordance with this section shall be subject to Section 40062.","The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law requires exporters, brokers, and transporters of recyclables or compost to submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. -This bill would additionally require a self-hauler to submit that information to the department and would require the department to develop regulations that define “self-hauler” to include specified persons and entities.","An act to amend Section 41821.5 of the Public Resources Code, relating to solid waste." -723,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17204 of the Business and Professions Code is amended to read: -17204. -Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys -Actions for relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or a district attorney or by a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or by a city attorney of a city having a population in excess of -750,000, -250,000, -or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person who has suffered injury in fact and has lost money or property as a result of the unfair competition. -SEC. 2. -Section 17206 of the Business and Professions Code is amended to read: -17206. -Civil Penalty for Violation of Chapter -(a) Any person who engages, has engaged, or proposes to engage in unfair competition shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, by any county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, by any city attorney of a city having a population in excess of -750,000, -250,000, -by any city attorney of any city and county, or, with the consent of the district attorney, by a city prosecutor in any city having a full-time city prosecutor, in any court of competent jurisdiction. -(b) The court shall impose a civil penalty for each violation of this chapter. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. -(c) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. Except as provided in subdivision (e), if the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered. The aforementioned funds shall be for the exclusive use by the Attorney General, the district attorney, the county counsel, and the city attorney for the enforcement of consumer protection laws. -(d) The Unfair Competition Law Fund is hereby created as a special account within the General Fund in the State Treasury. The portion of penalties that is payable to the General Fund or to the Treasurer recovered by the Attorney General from an action or settlement of a claim made by the Attorney General pursuant to this chapter or Chapter 1 (commencing with Section 17500) of Part 3 shall be deposited into this fund. Moneys in this fund, upon appropriation by the Legislature, shall be used by the Attorney General to support investigations and prosecutions of California’s consumer protection laws, including implementation of judgments obtained from such prosecutions or investigations and other activities which are in furtherance of this chapter or Chapter 1 (commencing with Section 17500) of Part 3. Notwithstanding Section 13340 of the Government Code, any civil penalties deposited in the fund pursuant to the National Mortgage Settlement, as provided in Section 12531 of the Government Code, are continuously appropriated to the Department of Justice for the purpose of offsetting General Fund costs incurred by the Department of Justice. -(e) If the action is brought at the request of a board within the Department of Consumer Affairs or a local consumer affairs agency, the court shall determine the reasonable expenses incurred by the board or local agency in the investigation and prosecution of the action. -Before any penalty collected is paid out pursuant to subdivision (c), the amount of any reasonable expenses incurred by the board shall be paid to the Treasurer for deposit in the special fund of the board described in Section 205. If the board has no such special fund, the moneys shall be paid to the Treasurer. The amount of any reasonable expenses incurred by a local consumer affairs agency shall be paid to the general fund of the municipality or county that funds the local agency. -(f) If the action is brought by a city attorney of a city and county, the entire amount of the penalty collected shall be paid to the treasurer of the city and county in which the judgment was entered for the exclusive use by the city attorney for the enforcement of consumer protection laws. However, if the action is brought by a city attorney of a city and county for the purposes of civil enforcement pursuant to Section 17980 of the Health and Safety Code or Article 3 (commencing with Section 11570) of Chapter 10 of Division 10 of the Health and Safety Code, either the penalty collected shall be paid entirely to the treasurer of the city and county in which the judgment was entered or, upon the request of the city attorney, the court may order that up to one-half of the penalty, under court supervision and approval, be paid for the purpose of restoring, maintaining, or enhancing the premises that were the subject of the action, and that the balance of the penalty be paid to the treasurer of the city and county. -SECTION 1. -Section 66499.7 of the -Government Code -is amended to read: -66499.7. -The security furnished by the subdivider shall be released in whole or in part in the following manner: -(a)Security given for faithful performance of any act or agreement shall be released upon the performance of the act or final completion and acceptance of the required work. The legislative body may provide for the partial release of the security upon the partial performance of the act or the acceptance of the work as it progresses, consistent with the provisions of this section. The security may be a surety bond, a cash deposit, a letter of credit, escrow account, or other form of performance guarantee required as security by the legislative body that meets the requirements as acceptable security pursuant to law. If the security furnished by the subdivider is a documentary evidence of security such as a surety bond or a letter of credit, the legislative body shall release the documentary evidence and return the original to the issuer upon performance of the act or final completion and acceptance of the required work. In the event that the legislative body is unable to return the original documentary evidence to the issuer, the security shall be released by written notice sent by certified mail to the subdivider and issuer of the documentary evidence within 30 days of the acceptance of the work. The written notice shall contain a statement that the work for which the security was furnished has been performed or completed and accepted by the legislative body, a description of the project subject to the documentary evidence and the notarized signature of the authorized representative of the legislative body. -(b)At the time that the subdivider believes that the obligation to perform the work for which security was required is complete, the subdivider may notify the local agency in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the local agency shall have 45 days to review and comment or approve the completion of the required work. If the local agency does not agree that all work has been completed in accordance with the plans and specifications for the improvements, it shall supply a list of all remaining work to be completed. -(c)Within 45 days of receipt of the list of remaining work from the local agency, the subdivider may then provide cost estimates for all remaining work for review and approval by the local agency. Upon receipt of the cost estimates, the local agency shall then have 45 days to review, comment, and approve, modify, or disapprove those cost estimates. No local agency shall be required to engage in this process of partial release more than once between the start of work and completion and acceptance of all work; however, nothing in this section prohibits a local agency from allowing for a partial release as it otherwise deems appropriate. -(d)If the local agency approves the cost estimate, the local agency shall release all performance security except for security in an amount up to 200 percent of the cost estimate of the remaining work. The process allowing for a partial release of performance security shall occur when the cost estimate of the remaining work does not exceed 20 percent of the total original performance security unless the local agency allows for a release at an earlier time. Substitute bonds or other security may be used as a replacement for the performance security, subject to the approval of the local agency. If substitute bonds or other security is used as a replacement for the performance security released, the release shall not be effective unless and until the local agency receives and approves that form of replacement security. A reduction in the performance security, authorized under this section, is not, and shall not be deemed to be, an acceptance by the local agency of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the subdivider until all required public improvements have been accepted by the local agency and all other required improvements have been fully completed in accordance with the plans and specifications for the improvements. -(e)The subdivider shall complete the works of improvement until all remaining items are accepted by the local agency. -(f)Upon the completion of the improvements, the subdivider, or his or her assigns, shall be notified in writing by the local agency within 45 days. -(g)Within 45 days of the issuance of the notification by the local agency, the release of any remaining performance security shall be placed upon the agenda of the legislative body of the local agency for approval of the release of any remaining performance security. If the local agency delegates authority for the release of performance security to a public official or other employee, any remaining performance security shall be released within 60 days of the issuance of the written statement of completion. -(h)Security securing the payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant to Article 2 (commencing with Section 8410) of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code and after acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the legislative body, and if no claims have been recorded, the security shall be released in full. -(i)The release shall not apply to any required guarantee and warranty period required by Section 66499.9 for the guarantee or warranty nor to the amount of the security deemed necessary by the local agency for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorney’s fees. -(j)The legislative body may authorize any of its public officers or employees to authorize release or reduction of the security in accordance with the conditions hereinabove set forth and in accordance with any rules that it may prescribe. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law defines unfair competition to include an unlawful, unfair, or fraudulent business act or practice, unfair, deceptive, untrue, or misleading advertising, and any false representations to the public. Existing law, as amended by Proposition 64 at the November 2, 2004, statewide general election, authorizes an action for relief from this prohibited conduct to be brought by, among others, a person who has suffered injury in fact and has lost money or property as a result of the unfair competition. Existing law also authorizes an action for relief from this prohibited conduct and for civil penalties to be brought by a city attorney of a city having a population in excess of 750,000. -This bill would expand this authorization to allow actions for relief and civil penalties by city attorneys of cities having a population in excess of 250,000, as provided. -The Subdivision Map Act and local ordinances authorize or require, under specified circumstances, the furnishing of specified types of security with respect to the performance of various acts or agreements subject to the act. Existing law, until January 1, 2016, also sets forth the specific procedures imposed on a local agency for the complete or partial release of a performance security furnished by a subdivider. -This bill would delete the repeal of the provisions relating to the procedures for releasing a performance security, thereby extending the operation of these provisions indefinitely and imposing a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 66499.7 of the Government Code, relating to subdivided lands. -An act to amend Sections 17204 and 17206 of the Business and Professions Code, relating to unfair competition." -724,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17550.15 of the Business and Professions Code is amended to read: -17550.15. -(a) This section applies to a seller of travel as defined in Section 17550.1. -(b) The seller of travel shall deposit directly into a trust account in a federally insured bank, savings and loan association, or credit union 100 percent of all sums received from any person or entity, including, but not limited to, those payments made in cash, by credit card, or any other method of payment, for air or sea transportation for any person, or for any travel services offered by the seller of travel, and any refunds made by carriers or providers of travel services. This subdivision does not require that a seller of travel establish a separate trust account for each transaction. -(c) The seller of travel shall not in any manner encumber the corpus of the trust account and shall not withdraw money therefrom except as follows: -(1) In partial or full payment to the carrier for transportation, or to the provider of travel services, for the services or transportation purchased by the passenger. -(2) In partial or full payment to the carrier or provider of travel services if payment is made by wire transfer directly to an account of the Airlines Reporting Corporation, or by check or draft paid to the Airlines Reporting Corporation for the transportation or services contracted for by the passenger. -(3) Upon delivery of all tickets or vouchers necessary for the passenger to obtain from the carrier or provider of travel services the transportation or services purchased by the passenger, at which time the seller of travel may withdraw the portion of the sum paid by the passenger that is due the seller of travel as compensation for sale of the transportation or travel services to that passenger. Tickets or vouchers shall be deemed delivered if personally delivered, turned over to an independent third-party delivery service for regular delivery to the passenger at the address designated by the passenger on the next business day, or deposited in the United States mail with first-class postage prepaid. -(4) Upon full payment to the provider of transportation or travel services, directly to the trust account identified in the registration of another seller of travel to whom the funds are paid, or to another registered seller of travel whose registration states that the other registered seller of travel is exempt pursuant to subdivision (b) or (c) of Section 17550.16 from the requirements of this section, of the total amount that is required by the carrier or provider of transportation or travel services or other registered seller of travel in order to provide the transportation or services purchased by the passenger, at which time the seller of travel may withdraw from the trust account that portion of the sum paid by the passenger which is commission due the seller of travel for sale of the transportation or travel services to that passenger. -(5) To make refunds to the passenger. -(d) Subdivision (c) shall not prevent payment of the interest earned on the trust account to the seller of travel. -(e) The seller of travel shall serve as trustee of the trust accounts required by this article. If an individual person is the seller of travel, the individual person shall be the trustee; if the seller of travel is a corporation, partnership, limited liability company, or other legal entity, a managing partner or partners, or the chief executive officer of the corporation, or executive officer or manager of a limited liability company shall be the trustee. The trustee may designate in writing that an officer or employee may manage the trust account if that officer or employee is under the trustee’s supervision and control, and the original of that writing is on file with the Attorney General’s office. -(f) (1) Except as otherwise provided in this section, all trust accounts required by this article shall be maintained at a branch of a federally insured bank, savings and loan association, or credit union. -(2) The seller of travel shall file with the Attorney General an irrevocable agreement in writing allowing the Attorney General, a district attorney, or their representatives, upon written request, to examine and obtain copies of all business records, including, but not limited to, those related to the trust account wherever those records may be, and including, but not limited to, those records relating to any travel business account, or any account used for any travel business transaction, or account to which trust funds have been deposited. The statement shall indicate that the authorization remains in effect as long as the seller of travel, financial institution, or other custodian of records retains records. -(3) A seller of travel shall maintain all business records described in paragraph (2) for a minimum period of three years. -(4) The Attorney General may maintain an action for recovery of examination costs and expenses in any court of competent jurisdiction, and may recover his or her reasonable costs and attorney’s fees as an item of costs, as provided for in paragraph (10) of subdivision (a) and paragraph (5) of subdivision (c) of Section 1033.5 of the Code of Civil Procedure. Costs and expenses for an examination under this section shall be paid for by the seller of travel if the Attorney General bills the seller of travel for those costs and expenses, provided that the examination shows that the seller of travel has failed to comply with any requirements of this chapter. -(g) Every seller of travel has a fiduciary responsibility with respect to all sums received for transportation or travel services. -(h) The following are deemed to be held in trust for passengers: -(1) All sums received by the seller of travel for transportation or travel services whether or not required to be deposited in an actual trust account and regardless of whether any of these sums were required to be deposited or actually were deposited in a trust account. -(2) All property with which any of the sums described in paragraph (1) has been commingled if any of these sums cannot be identified because of the commingling. -(i) Upon any judicially ordered distribution of any money or property required to be held in trust and after all expenses of distribution approved by the court have been paid, every passenger has a claim on the trust for payments made for transportation and other travel services not provided. Unless a passenger can identify his or her funds in the trust within the time established by the court, each passenger shall receive a proportional share based on the amount paid. -(j) The seller of travel is not required to comply with the direct deposit requirement set forth in subdivision (b) if all of the following apply: -(1) The payment is made by credit card. -(2) The seller of travel does not deposit, negotiate, or factor the credit card charge or otherwise seek or obtain payment of the credit card charge or the crediting of the amount of the credit card charge to any account over which the seller of travel has any control. -(3) (A) If the charge includes transportation, the carrier that is to provide the transportation processes the credit card charge. -(B) If the charge is only for services, the provider of services processes the credit card charge. -(k) In lieu of the trust account required by this article, an adequate bond as set forth in Section 17550.11 may be maintained by the seller of travel. Prior to the advertisement of transportation or services, or both, by the seller of travel, the seller of travel shall file a copy of that bond with the Attorney General. -SEC. 2. -Section 17550.44 of the Business and Professions Code is amended to read: -17550.44. -(a) In addition to the assessments required by Section 17550.43, the Travel Consumer Restitution Corporation shall bill and collect from each participant an annual assessment that in the aggregate shall consist of assessments for the operations fund and the restitution fund. For each participant, the due date of that annual assessment shall be 30 days prior to the annual renewal date for registration pursuant to Section 17550.20 or 45 days after billing, whichever is later. For a participant registering for the first time, the assessments required by Section 17550.43 shall be due 10 days prior to the seller of travel doing business in this state. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the due date specified in this section until the assessment is paid. -(b) The annual assessment for the operations fund shall be determined no later than January 15 of each year for the next fiscal year in an amount that does not exceed the amount necessary to fund the operations and administration of the corporation, based upon the annual operational budget required by subdivision (a) of Section 17550.43, and shall become effective immediately. The annual assessment for the operations fund shall not exceed thirty-five dollars ($35) per year for each location in the state from which a participant does business. -(c) If, as of January 15 of any year, the balance in the restitution fund is less than one million six hundred thousand dollars ($1,600,000), the Travel Consumer Restitution Corporation shall make an assessment of participants, up to a maximum amount of two hundred dollars ($200) for each location in the state from which a participant does business, to bring the restitution fund to an expected balance of one million six hundred thousand dollars ($1,600,000). Every participant’s assessment shall be determined pro rata based upon the ratio of the number of locations in the state from which the participant does business to the total number of locations for all participants as of the preceding December 15. -(d) If, on May 1 or October 15 of any year, the balance in the restitution fund is less than nine hundred thousand dollars ($900,000), the corporation shall make an emergency assessment of participants, not more than twice per year, up to a maximum amount of one hundred fifty dollars ($150) per year for each location in the state from which the participant does business, for deposit in the trust account to return the level of the restitution fund to an expected balance of one million six hundred thousand dollars ($1,600,000). The corporation shall estimate the total cost of billing, collecting, and processing the emergency restitution fund assessment and shall assess and collect, together with the emergency restitution fund assessment, an emergency operations fund assessment that is in the aggregate sufficient to offset the estimated cost. Each participant’s assessments shall be determined pro rata based upon the ratio of the number of locations in the state from which the participant does business to the total number of locations for all participants as of the first day of the preceding month. The board of directors shall adopt rules for the notification of emergency assessments. -(e) In addition to the assessments required by Section 17550.43 and subdivision (d), if at any time during the fiscal year the board of directors of the Travel Consumer Restitution Corporation determines that the operations fund will be insufficient to pay the costs of operations and administration for the current or next fiscal year, the corporation, as determined by the board of directors, shall do either or both of the following: -(1) Make an emergency assessment of participants, not more than once per fiscal year, up to a maximum amount of sixty-five dollars ($65) per year for each location in the state from which a participant does business. The emergency assessment may be billed and collected either on an emergency basis from all participants upon the making of the assessment, or in conjunction with each participant’s annual assessment pursuant to subdivision (a). -(2) Transfer any or all interest earned on the Restitution Fund to the Operations Fund, provided that no transfer results in a restitution fund balance of less than one million two hundred thousand dollars ($1,200,000). -(f) The assessment required by subdivision (d) or (e) shall be due 45 days from the date the bill for that assessment is sent to the seller of travel by the Travel Consumer Restitution Corporation. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the due date specified in this section until the assessment is paid. -(g) The Travel Consumer Restitution Fund shall report to the office of the Attorney General each levy of assessment within 10 business days after the levy.","Existing law regulates sellers of travel, as defined, and requires their registration with the Attorney General. Existing law requires a seller of travel to deposit all sums received from any person or entity for air or sea transportation, or for any travel services offered by the seller of travel, and any refunds made by carries or providers of travel services, into a trust account, as specified. Existing law requires the seller of travel to file with the Attorney General an agreement allowing the Attorney General, a district attorney, or their representative to examine and obtain copies of all business records, including, but not limited to, those related to the trust account. -This bill would require the seller of travel to maintain all business records for a minimum period of 3 years. The bill would authorize the Attorney General to maintain an action for recovery of examination costs and expenses in any court of competent jurisdiction, as specified. The bill would require the seller of travel to pay for costs and expenses for any examination if the Attorney General bills the seller of travel, provided that the examination shows that the seller of travel has failed to comply with certain requirements. -Existing law creates the Travel Consumer Restitution Corporation, which assesses each registered seller of travel for both its operations and restitution funds. Existing law requires certain assessments to be due 45 days from the date the bill for that assessment is mailed. -This bill would instead require those assessments to be due 45 days from the date the bill for that assessment is sent to the seller of travel.","An act to amend Sections 17550.15 and 17550.44 of the Business and Professions Code, relating to sellers of travel." -725,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 398.1 of the Public Utilities Code is amended to read: -398.1. -(a) The Legislature finds and declares that there is a need for reliable, accurate, timely, and consistent information regarding fuel sources for electric generation offered for retail sale in California. -(b) The purpose of this article is to establish a program under which entities offering electric services in California disclose accurate, reliable, and simple to understand information on the sources of energy, and the associated emissions of greenhouse gases, that are used to provide electric services. -SEC. 2. -Section 398.2 of the Public Utilities Code is amended to read: -398.2. -The definitions set forth in this section shall govern the construction of this article. -(a) “Greenhouse gas emissions intensity” means the sum of all annual emissions of greenhouse gases associated with a generation source divided by the annual production of electricity from the generation source. -(b) “Retail supplier” means an entity that offers an electricity product for sale to retail consumers in California, including an electrical corporation, local publicly owned electric utility, electric service provider, and community choice aggregator. -(c) “System operator” means the Independent System Operator with responsibility for the efficient use and reliable operation of the transmission grid, as provided by Section 345, or a local publicly owned electric utility that does not utilize the Independent System Operator. -(d) “Purchases of electricity from specified sources” or “purchases from specified sources” means electricity transactions that are traceable to specific generation sources by any auditable contract trail or equivalent, such as a tradable commodity system, that provides commercial verification that the electricity source claimed has been sold once and only once to a retail consumer. Retail suppliers may rely on annual data to determine whether a transaction meets this definition, rather than hour-by-hour matching of loads and resources. -(e) “Electricity from unspecified sources” means electricity that is not traceable to specific generation sources by any auditable contract trail or equivalent, including a tradable commodity system, that provides commercial verification that the electricity source claimed has been sold once, and only once, to a retail consumer. -SEC. 3. -Section 398.4 of the Public Utilities Code is amended to read: -398.4. -(a) Every retail supplier that makes an offering to sell electricity that is consumed in California shall disclose its electricity sources and the associated greenhouse gases emissions intensity for the previous calendar year. -(b) The disclosures required by this section shall be made to potential end-use consumers in all product-specific written promotional materials that are distributed to consumers by either printed or electronic means, including the retail supplier’s Internet Web site, if one exists, except that advertisements and notices in general circulation media shall not be subject to this requirement. -(c) The disclosures required by this section shall be made annually to end-use consumers of the offered electricity. The annual disclosure shall be made by the end of the first complete billing cycle for the third quarter of the year, and shall be consistent with information provided to the Energy Commission pursuant to Section 398.5. A retail supplier may distribute the disclosures required by this section via email to any end-use consumer that has consented to receive email in lieu of printed materials. -(d) The disclosures required by this section shall be made separately for each portfolio offering made by the retail supplier. -(e) On or before January 1, 1998, the Energy Commission shall specify guidelines for the format and means for disclosure required by Section 398.3 and this section, based on the requirements of this article and subject to public hearing. -(f) The costs of making the disclosures required by this section shall be considered to be generation related. -(g) The disclosures required by this section shall comply with the following: -(1) A retail supplier’s disclosure of its electricity sources shall be expressed as a percentage of annual sales derived from each of the following categories: -(A) Electricity from unspecified sources. -(B) Purchases of electricity from specified sources. -(2) A retail supplier’s disclosure of its electricity sources shall also separately identify total California system electricity, which is the sum of all in-state generation and net electricity imports by fuel type. -(h) Each of the categories specified in subdivision (g) shall be additionally identified as a percentage of annual sales that is derived from the following fuels, sources of energy, or electricity products: -(1) Coal. -(2) Large hydroelectric (greater than 30 megawatts). -(3) Natural gas. -(4) Nuclear. -(5) Eligible renewable energy resources pursuant to the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11)), including any of the following: -(A) Biomass and biowaste. -(B) Geothermal. -(C) Eligible hydroelectric. -(D) Solar. -(E) Wind. -(6) Other categories as determined by the Energy Commission. -(7) The portion of annual sales derived from unbundled renewable energy credits shall be included in the disclosures in a format determined by the Energy Commission. A retail supplier may include additional information related to the sources of the unbundled renewable energy credits. -(i) All electricity sources disclosed as purchases of electricity from specified sources shall meet the requirements of subdivision (d) of Section 398.2. -(j) Purchases of electricity from specified sources identified pursuant to this section shall be from sources connected to the Western Electricity Coordinating Council interconnected grid. -(k) (1) Each retail supplier shall disclose both the greenhouse gas emissions intensity of any electricity portfolio offered to its retail customers and the Energy Commission’s calculation of greenhouse gas emissions intensity associated with all statewide retail electricity sales, consistent with the requirements of this subdivision. -(2) The Energy Commission shall do all of the following: -(A) Adopt a methodology, in consultation with the State Air Resources Board, for the calculation of greenhouse gas emissions intensity for each purchase of electricity by a retail supplier to serve its retail customers. -(B) Calculate the greenhouse gas emissions intensity associated with statewide retail electricity sales based on the greenhouse gas emissions for total California system electricity. -(C) Rely on the most recent verified greenhouse gas emissions data while ensuring that greenhouse gas emissions intensity factors for electricity from specified and unspecified sources are available to retail suppliers with sufficient advance notice to permit timely reporting. -(D) Establish guidelines for adjustments to a greenhouse gas emissions intensity factor for a reporting year for any local publicly owned electric utility demonstrating generation of quantities of electricity in previous years in excess of its total retail sales and wholesale sales from specified sources that do not emit any greenhouse gases. Adjustments authorized by the guidelines established by the Energy Commission shall not permit excess generation procured in a single year to be counted more than once or to be resold to another retail supplier as a specified source. -(E) Ensure that there is no double-counting of the greenhouse gas emissions or emissions attributes associated with any unit of electricity production reported by a retail supplier for any specific generating facility or unspecified source located within the Western Electricity Coordinating Council when calculating greenhouse gas emissions intensity. -(F) (i) On or before January 1, 2018, adopt guidelines, through an open process, subject to public comment, and adopted by a vote of the Energy Commission, for the reporting and disclosure of greenhouse gas emissions intensity associated with retail sales based on the requirements of this subdivision. Beginning June 1, 2020, retail suppliers shall be required to report data on greenhouse gas emissions intensity associated with retail sales occurring after December 31, 2018. -(ii) Any new community choice aggregator formed after January 1, 2016, shall not be required to report data on greenhouse gas emissions intensity associated with retail sales until at least 24 months, but shall be required to report that data no later than 36 months, after serving its first retail customer. -(3) Any marketing or retail product claims relating to the greenhouse gas emissions intensity of the electric supply portfolio of a retail supplier shall be consistent with the methodology adopted by the Energy Commission pursuant to this section. Retail suppliers may provide additional information to customers describing other actions relating to greenhouse gases that are unrelated to the electric supply portfolio. -(l) The provisions of this section shall not apply to generators providing electric service onsite, under an over-the-fence transaction as described in Section 218, or to an affiliate or affiliates, as defined in subdivision (a) of Section 372. -SEC. 4. -Section 398.5 of the Public Utilities Code is amended to read: -398.5. -(a) Retail suppliers shall annually report to the Energy Commission, for each electricity offering for the previous calendar year, each of the following: -(1) The kilowatthours purchased, by generator and fuel type during the previous calendar year, consistent with the meter data, including losses, reported to the system operator. -(2) The kilowatthours purchased from unspecified sources in California and from unspecified sources imported into California from other subregions within the Western Electricity Coordinating Council. -(3) For each electricity offering, the kilowatthours sold at retail. -(4) For each electricity offering, the disclosures made to consumers pursuant to Section 398.4. -(b) Information submitted to the Energy Commission pursuant to this section that is a trade secret as defined in subdivision (d) of Section 3426.1 of the Civil Code shall not be released except in an aggregated form such that trade secrets cannot be discerned. -(c) The Energy Commission shall specify guidelines and standard formats, based on the requirements of this article and subject to public hearing, for the submittal of information pursuant to this article. -(d) In developing the rules and procedures specified in this section, the Energy Commission shall seek to minimize the reporting burden and cost of reporting that it imposes on retail suppliers. -(e) The provisions of this section shall not apply to generators providing electric service onsite, under an over-the-fence transaction as described in Section 218, or to an affiliate or affiliates, as defined in subdivision (a) of Section 372. -(f) The Energy Commission may verify environmental and procurement claims made by retail suppliers. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, entities offering electric services in California are required to disclose information on the sources of energy that are used to provide electric services. Existing law requires every retail supplier, as defined, that makes an offer to sell electricity that is consumed in California to disclose its electricity sources for the previous calendar year. These disclosures are required to be made to end-use consumers and potential end-use consumers. Existing law requires a retail supplier to disclose its electricity sources as a percentage of annual sales that is derived from specified sources of energy, including eligible renewable energy resources. Existing law requires that retail suppliers annually report to the State Energy Resources Conservation and Development Commission (Energy Commission) certain information for each electricity offering from “specified sources,” as defined, for the previous calendar year and authorizes the Energy Commission to verify environmental claims made by retail suppliers. -This bill would, among other things, require the Energy Commission, in consultation with the State Air Resources Board, to adopt a methodology for the calculation of greenhouse gas emissions intensity for each purchase of electricity by a retail supplier to serve its retail customers. The bill would require a retail supplier, including an electrical corporation, local publicly owned electric utility, electric service provider, and community choice aggregator, to also disclose both the greenhouse gases emissions intensity of any electricity portfolio offered to its retail customers, as specified, and the Energy Commission’s calculation of the greenhouse gas emissions intensity associated with all statewide retail electricity sales. The bill would require a retail supplier to annually report to the Energy Commission certain additional information for each electricity offering for the previous calendar year and would authorize the Energy Commission to verify procurement claims, in addition to environmental claims, made by retail suppliers. The bill would require the Energy Commission, on or before January 1, 2018, to adopt guidelines, through an open process, subject to public comment, and adopted by a vote of the Energy Commission, for the reporting and disclosure of greenhouse gas emissions intensity. The bill would require retail suppliers, beginning June 1, 2020, to report data on greenhouse gas emissions intensity associated with retail sales occurring after December 31, 2018, except as provided. -The Public Utilities Act makes any public utility and any corporation other than a public utility guilty of a crime, if the public utility or corporation violates the act or fails to comply with any part of any order, decision, rule, direction, demand, or requirement of the commission. -Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements by an electrical corporation or electric service provider would be a crime, the bill would impose a state-mandated local program by expanding what is a crime. By placing additional reporting duties upon local publicly owned electric utilities, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for specified reasons.","An act to amend Sections 398.1, 398.2, 398.4, and 398.5 of the Public Utilities Code, relating to energy." -726,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 41976 of the Education Code is amended to read: -41976. -(a) For purposes of this chapter, the following classes and courses are authorized to be offered by school districts and county superintendents of schools for apportionment purposes from the adult education fund: -(1) Adult programs in parenting, including -, but not necessarily limited to, -parent cooperative preschools, and classes in child growth and development, parent-child relationships, -and -parenting -, and family literacy education, which may include support to children and school -aged youth with limited English proficiency backgrounds in the households of participating adults -. -(2) Adult programs in elementary and secondary basic skills and other courses and classes required for the high school diploma. Apportionments for these courses and classes may only be generated by students who do not possess a high school diploma, except for remedial academic courses or classes in reading, mathematics, and language arts. -(3) Adult education programs in English as a second language. -(4) Adult education programs for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job specific technical training. -(5) Adult education programs for adults with disabilities. -(6) Adult short-term career technical education programs with high employment potential. Any reference to “vocational” education or programs in adult education means “career technical” education or programs in adult education. -(7) Adult programs for older adults. -(8) Adult education programs for apprentices. -(9) Adult programs in home economics. -(10) Adult programs in health and safety education. -(b) No state apportionment shall be made for any course or class which is not set forth in subdivision (a). -SEC. -2. -Section 84757 of the Education Code is amended to read: -84757. -(a) For purposes of this chapter, the following noncredit courses and classes shall be eligible for funding: -(1) Parenting, including -, but not necessarily limited to, -parent cooperative -preschools, -preschools and -classes in child growth and -development and -development, -parent-child relationships -, and -family literacy education, which may include support to children and school -aged youth with limited English proficiency backgrounds in the households of participating adults -. -(2) Elementary and secondary basic skills and other courses and classes such as remedial academic courses or classes in reading, mathematics, and language arts. -(3) English as a second language. -(4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and work force preparation classes in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training. -(5) Education programs for persons with substantial disabilities. -(6) Short-term vocational programs with high employment potential. -(7) Education programs for older adults. -(8) Education programs for home economics. -(9) Health and safety education. -(b) No state apportionment shall be made for any course or class that is not set forth in subdivision (a) and for which no credit is given. -SEC -. -3. -Section 84830 of the Education Code is amended to read: -84830. -(a) The Chancellor of the California Community Colleges and the State Department of Education shall, pursuant to funding made available in the annual Budget Act, jointly provide two-year planning and implementation grants to regional consortia of community college districts and school districts for the purpose of developing regional plans to better serve the educational needs of adults. -(1) Eligibility shall be limited to consortia consisting of at least one community college district and at least one school district within the boundaries of the community college district, either of which may serve as the consortium’s fiscal agent, as determined by the applicant consortium. -(2) If a community college district chooses not to participate in a consortium, a neighboring community college district may form a consortium with school districts within the boundaries of the nonparticipating community college district. -(3) Consortia may include other entities providing adult education courses, including, but not necessarily limited to, correctional facilities, other local public entities, and community-based organizations. -(b) Grant funds provided pursuant to this section shall be used by each regional consortium to create and implement a plan to better provide adults in its region with all of the following: -(1) Elementary and secondary basic skills, including classes required for a high school diploma or high school equivalency certificate. -(2) Classes and courses for immigrants eligible for educational services in citizenship and English as a second language, and workforce preparation classes in basic skills. -(3) Education programs for adults with disabilities. -(4) Short-term career technical education programs with high employment potential. -(5) Programs for apprentices. -(6) Parenting education, including, but not necessarily limited to, parent cooperative preschools and classes in child growth and development and parent-child relationships, and family literacy education, which may include support to children and schoolaged youth with limited English proficiency backgrounds in the households of participating adults. -(c) (1) The classes and courses described in paragraphs (1) and (2) of subdivision (b) shall distribute basic information on American government and civics that includes, but is not limited to, instruction on all of the following: -(A) Federal, state, and local government. -(B) The three branches of government. -(C) The importance of civic engagement. -(D) Registering to vote. -(2) It is the intent of the Legislature that, consistent with the requirements of Sections 51225.3 and 52555, students enrolled in classes and courses described in paragraphs (1) and (2) of subdivision (b) in which instruction in American government and civics is appropriate shall receive instruction in American government and civics. -(d) Each regional consortium’s plan shall include, at a minimum: -(1) An evaluation of current levels and types of adult education programs within its region, including education for adults in correctional facilities; credit, noncredit, and enhanced noncredit adult education coursework; and programs funded through Title II of the federal Workforce Investment Act of 1998, known as the Adult Education and Family Literacy Act (Public Law 105-220). -(2) An evaluation of current needs for adult education programs within its region. -(3) Plans for parties that make up the consortium to integrate their existing programs and create seamless transitions into postsecondary education or the workforce. -(4) Plans to address the gaps identified pursuant to paragraphs (1) and (2). -(5) Plans to employ approaches proven to accelerate a student’s progress toward his or her academic or career goals, such as contextualized basic skills and career technical education, and other joint programming strategies between adult education and career technical education. -(6) Plans to collaborate in the provision of ongoing professional development opportunities for faculty and other staff to help them achieve greater program integration and improve student outcomes. -(7) Plans to leverage existing regional structures, including, but not necessarily limited to, local workforce investment areas. -(e) The Chancellor of the California Community Colleges and the State Department of Education may identify additional elements that consortia must include in a plan. -(f) (1) On or before March 1, 2014, the Chancellor of the California Community Colleges and the State Department of Education shall submit a joint report to the Legislature and the Governor. This report shall include, but not necessarily be limited to, both of the following: -(A) The status of developing regional consortia across the state, including identification of unserved geographic areas or emerging gaps in regional program delivery. -(B) The status and allocation of grant awards made to regional consortia. -(2) The report shall be submitted to the Legislature as provided in Section 9795 of the Government Code. -(g) (1) On or before March 1, 2015, the Chancellor of the California Community Colleges and the State Department of Education shall submit a joint report to the Legislature and the Governor. This report shall include, but is not limited to, both of the following: -(A) The plans developed by regional consortia across the state. -(B) Recommendations for additional improvements in the delivery system serving adult learners. -(2) The report shall be submitted to the Legislature as provided in Section 9795 of the Government Code. -(h) It is the intent of the Legislature to work toward developing common policies related to adult education affecting adult schools at local educational agencies and community colleges, including policies on fees and funding levels. -(i) It is the intent of the Legislature to provide additional funding in the 2015–16 fiscal year to regional consortia to expand and improve the provision of adult education. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SECTION 1. -It is the intent of the Legislature to enact legislation to provide for both of the following: -(a)That the funding distributed to local educational agencies through adult education consortia as described in Section 84830 of the Education Code continues to be available to pupils who are minors participating in high school credit recovery pursuant to Sections 52500.1 and 52523 of the Education Code. -(b)That no more than 10 percent of the apportionment received by a local educational agency for adult education will be used for pupils in grades 9 to 12, inclusive, as referenced in subdivision (e) of Section 52616.17 of the Education Code.","Existing law requires adult schools and evening high schools to consist of classes for adults. Existing law authorizes minors to be admitted into those classes pursuant to policies adopted by the governing board of the school district if those minors meet certain eligibility requirements. -(1) Existing law authorizes the governing board of a school district maintaining secondary schools to establish and maintain classes for adults, as specified. Existing law authorizes specified classes and courses to be offered by school districts and county superintendents of schools for apportionment purposes from the adult education fund, including, among other subject matters, classes and courses for adult programs in parenting education. -Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law requires specified noncredit community college courses and classes to be eligible for program-based funding from the state, including, among other subject matters, parenting education courses and classes. -This bill would specify that, for the purposes of funding from the adult education fund or from program-based community college funding, as described above, parenting education includes family literacy education, as specified. -Existing -(2) -Existing -law requires the Chancellor of the California Community Colleges and the State Department of Education, pursuant to funding made available in the annual Budget Act, to jointly provide 2-year planning and implementation grants to regional consortia of community college districts and school districts for developing regional plans to better serve the educational needs of adults. -Existing law requires the grant funds provided under this program to be used by each regional consortium to create and implement a plan to better provide adults in its region with all of the following: elementary and secondary basic skills; classes and courses for immigrants eligible for educational services in citizenship and English as a second language, and workforce preparation classes in basic skills; education programs for adults with disabilities; short-term career technical education programs; and programs for apprentices. -This bill would -express the intent of the Legislature to enact legislation to provide for both of the following: that the funding distributed to local educational agencies through adult education consortia, as described, continues to be available to pupils who are minors participating in high school credit recovery pursuant to designated provisions; and that no more than 10% of the apportionment received by a local educational agency for adult education will be used for pupils in grades 9 to 12, inclusive, as specified -additionally require the plan to better provide adults in the region with parenting education, including, but not necessarily limited to, parent cooperative preschools and classes in child growth and development and parent-child relationships, and family literacy education, as specified -. -To the extent that this bill would impose new duties on school districts and community college districts that participate in these regional consortia, it would constitute a state-mandated local program. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act -to amend Sections 41976, 84757, and 84830 of the Education Code, -relating to adult education." -727,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 6.3 (commencing with Section 14197) is added to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, to read: -Article 6.3. California Childhood Immunization Quality Improvement Fund (CCIQIF) Program -14197. -(a) The Legislature finds and declares all of the following: -(1) The -2014—15 -2014–15 -outbreaks of vaccine-preventable diseases threaten the health and safety of the California public. -(2) Only 71 percent of young children in California between the ages of 19 to 35 months are immunized, which is below the national average of 75 percent, according to 2010 data reported by the Kaiser Family Foundation. -(3) In 2013, 39,000 -two year olds -two-year-olds -lacked one or more recommended immunizations, according to the State Department of Health Care Services. -(4) The social and direct economic costs of ensuring each child receives the Centers for Disease Control and Prevention Advisory Committee for Immunization Practices recommended schedule for vaccines far -outweighs -outweigh -the costs of not providing routine immunizations. It is estimated that for every -$1 -one dollar ($1) -spent on vaccinations, as many as -$29 -twenty-nine dollars ($29) -can be saved in direct and indirect costs. -(5) California children are required to be fully vaccinated before they enter kindergarten, with some exceptions. However, there are -no -fewer -official requirements for younger children who are often more susceptible to dire consequences from vaccine-preventable diseases. -(b) It is the intent of the Legislature, by enacting this chapter, to ensure that all possible steps are taken to ensure that -two year old -two-year-old -children who are enrolled in Medi-Cal managed care receive all recommended immunizations. -14197.1. -For purposes of this article, “Medi-Cal managed care plan” means any prepaid health plan or Medi-Cal managed care plan contracting with the department to provide services to enrolled Medi-Cal beneficiaries under this chapter or Chapter 8 (commencing with Section 14200). -14197.2. -(a) The department shall establish and administer the California Childhood Immunization Quality Improvement Fund (CCIQIF) program to improve childhood immunization rates. -(b) (1) The department shall submit an application to the federal Centers for Medicare and Medicaid Services for a waiver or demonstration project to implement the CCIQIF program no later than -120 -270 -days after the operative date of this article. The department shall determine the form of waiver most appropriate to achieve the purposes of this article. -(2) The demonstration project shall operate for a period of five years. -(c) In developing the waiver or demonstration project application, the department shall consult with interested stakeholders, including the Medi-Cal Children’s Health Advisory Panel and the Managed Care Advisory Workgroup. The department shall work with stakeholders to incorporate public comment into the waiver or demonstration project application. -14197.3. -The department shall develop a plan for the collection and expenditure of CCIQIF moneys according to all of the following guidelines: -(a) The CCIQIF program may be financed through voluntary contributions from Medi-Cal managed care plans that shall be used to draw down federal financial participation consistent with federal law. -(b) The department shall allocate 33.3 percent of CCIQIF expenditures -for provider support payments -for use by the department for administrative staff, training, and other resources -to support providers in employing strategies to improve immunization rates in their practices, which may include patient reminders, promotion of colocation vaccination delivery with other services, and other strategies as specified by the department after consideration of public comment. -The funds shall also be used to pay for the department’s staffing and administrative costs directly attributable to implementing this article, including costs related to developing and seeking federal approval for the CCIQIF and administering the fund. -(c) (1) The department shall allocate 66.7 percent of CCIQIF expenditures for reward payments to Medi-Cal managed care plans. The rate of the reward shall be -$125 -one hundred twenty-five dollars ($125) -for each enrollee who receives all recommended vaccinations by the time he or she reaches two years of age, as determined by the Childhood Immunization Status measure of the Healthcare Effectiveness Data and Information Set (HEDIS). -(2) Any unearned reward payment expenditures shall roll over to the subsequent demonstration project year. If all reward payment expenditures are earned within a demonstration project year, no additional reward payments shall be distributed until the next demonstration project year begins. -(d) At least 20 percent of the CCIQIF expenditures used for reward payments pursuant to subdivision (c) shall be passed through to contracted providers based on the number of Medi-Cal enrollees who are under two years of age in each provider’s respective panel. -14197.4. -(a) The department shall contract with the University of California or any other researchers to develop and submit, in compliance with Section 9795 of the Government Code, to the Legislature an evaluation of the effectiveness of the demonstration project using data collected from the first three years of the waiver period or demonstration project. That evaluation shall be submitted within the fourth year of the waiver period or demonstration project. -(b) The evaluation shall, at a minimum, include an assessment of the most effective administrative support strategies. -(c) The evaluation shall be financed with no more than five percent of the total annual CCIQIF program expenditure dollars. During the waiver or demonstration project year that the evaluation is commissioned, CCIQIF provider support expenditures shall be reduced, commensurate with available funds, to offset the cost of the evaluation contract. -14197.5. -This -chapter -article -shall be implemented only if and to the extent that federal financial participation is available and any necessary federal approvals have been obtained. -14197.6. -(a) This -chapter -article -shall become inoperative on the date that the Director of Health Care Services executes a declaration, which shall be retained by the director, stating that the demonstration project has concluded, and shall, six months after the date the declaration is executed, be repealed. -(b) In addition to the requirements specified in subdivision (a), the director shall post the declaration on the department’s Internet Web site and the director shall send the declaration to the appropriate policy committees of the Legislature and to the Legislative Counsel.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law requires each county to establish a community child health and disability prevention program to include, among other things, health screening and evaluation services for all children that include immunizations and an assessment of immunization status. -This bill would require the State Department of Health Care Services to establish and administer the California Childhood Immunization Quality Improvement Fund (CCIQIF) program to improve childhood immunization rates, and would require the department to submit an application to the federal Centers for Medicare and Medicaid Services for a waiver to implement a 5-year demonstration project to implement the program. The bill would require the department to develop a plan for the collection and expenditure of CCIQIF moneys according to specified guidelines, including voluntary contributions from Medi-Cal managed care plans to be used for provider support payments and reward payments to Medi-Cal managed care plans, as specified. The bill would require the department to contract with specified researchers to develop and submit to the Legislature an evaluation of the effectiveness of the demonstration project. This bill would make these provisions inoperative on a specified date.","An act to add Article 6.3 (commencing with Section 14197) to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, relating to vaccinations." -728,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature that the Administrative Director of the Division of Workers’ Compensation create an evidence-based drug formulary, with the maximum transparency possible, for use in the workers’ compensation system, and that the formulary include the following in addition to the provisions of this act: -(a) Evidence-based guidelines for access to appropriate medications pursuant to pain management prescription drug therapies. -(b) Guidance regarding how an injured worker may access off-label use of prescription drugs, when evidenced-based and medically necessary. -(c) Use of generic or generic-equivalent drugs in the formulary pursuant to evidence-based practices, with consideration being given to use of brand name medication when its use is cost-effective, medically necessary, and evidence-based. -(d) The drug formulary shall not apply to care provided in an emergency department or inpatient setting. -(e) Guidance on the use of the formulary to further the goal of providing appropriate medications expeditiously while minimizing administrative burden and associated administrative costs. -SEC. 2. -Section 4600.1 of the Labor Code is amended to read: -4600.1. -(a) Subject to subdivision (b), any person or entity that dispenses medicines and medical supplies, as required by Section 4600, shall dispense the generic drug equivalent. -(b) A person or entity is not required to dispense a generic drug equivalent under either of the following circumstances: -(1) When a generic drug equivalent is unavailable. -(2) When the prescribing physician specifically provides in writing that a nongeneric drug must be dispensed. -(c) For purposes of this section, “dispense” has the same meaning as the definition contained in Section 4024 of the Business and Professions Code. -(d) Nothing in this section shall be construed to preclude a prescribing physician, who is also the dispensing physician, from dispensing a generic drug equivalent. -(e) This section shall only apply to medicines dispensed prior to the operative date of the drug formulary adopted pursuant to Section 5307.27. -SEC. 3. -Section 4600.2 of the Labor Code is amended to read: -4600.2. -(a) Notwithstanding Section 4600, if a self-insured employer, group of self-insured employers, insurer of an employer, or group of insurers contracts with a pharmacy, group of pharmacies, or pharmacy benefit network to provide medicines and medical supplies required by this article to be provided to injured employees, those injured employees that are subject to the contract shall be provided medicines and medical supplies in the manner prescribed in the contract for as long as medicines or medical supplies are reasonably required to cure or relieve the injured employee from the effects of the injury. Medicines provided pursuant to the contract shall be subject to the drug formulary adopted by the administrative director pursuant to Section 5307.27, and such contracts may not limit the availability of medications otherwise prescribed pursuant to the formulary based on whether the pharmacy services are provided within or outside a medical provider network. -(b) Nothing in this section shall affect the ability of employee-selected physicians to continue to prescribe and have the employer provide medicines subject to the drug formulary and medical supplies that the physicians deem reasonably required to cure or relieve the injured employee from the effects of the injury. -(c) Each contract described in subdivision (a) shall comply with standards adopted by the administrative director. In adopting those standards, the administrative director shall seek to reduce pharmaceutical costs and may consult any relevant studies or practices in other states. The standards shall provide for access to a pharmacy within a reasonable geographic distance from an injured employee’s residence. -SEC. 4. -Section 5307.27 of the Labor Code is amended to read: -5307.27. -(a) The administrative director, in consultation with the Commission on Health and Safety and Workers’ Compensation, shall adopt, after public hearings, a medical treatment utilization schedule, that shall incorporate the evidence-based, peer-reviewed, nationally recognized standards of care recommended by the commission pursuant to Section 77.5, and that shall address, at a minimum, the frequency, duration, intensity, and appropriateness of all treatment procedures and modalities commonly performed in workers’ compensation cases. -(b) On or before July 1, 2017, the medical treatment utilization schedule adopted by the administrative director shall include a drug formulary using evidence-based medicine. Nothing in this section shall prohibit the authorization of medications that are not in the formulary when the variance is demonstrated, consistent with subdivision (a) of Section 4604.5. -(c) The drug formulary shall include a phased implementation for workers injured prior to July 1, 2017, in order to ensure injured workers safely transition to medications pursuant to the formulary. -(d) This section shall apply to all prescribers and dispensers of medications serving injured workers under the workers’ compensation system. -SEC. 5. -Section 5307.28 is added to the Labor Code, to read: -5307.28. -(a) Prior to the adoption of a drug formulary as required by Section 5307.27, the administrative director shall meet and consult regarding the establishment of a formulary with stakeholders, including, but not limited to, employers, insurers, private sector employee representatives, public sector employee representatives, treating physicians actively practicing medicine, pharmacists, pharmacy benefit managers, attorneys who represent applicants, and injured workers. -(b) Commencing July 1, 2016, and concluding with the implementation of the formulary, the administrative director shall publish at least two interim reports on the Internet Web site of the Division of Workers’ Compensation describing the status of the creation of the formulary. -SEC. 6. -Section 5307.29 is added to the Labor Code, to read: -5307.29. -(a) The administrative director shall make provision for no less than quarterly updates to the drug formulary to allow for the provision of all appropriate medications, including those new to the market. -(b) Changes made to the list of drugs in the drug formulary described in Section 5307.27 shall be made through an order exempt from Sections 5307.3 and 5307.4, and the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), informing the public of the changes and their effective date. All orders issued pursuant to this subdivision shall be published on the Internet Web site of the Division of Workers’ Compensation. -(c) The administrative director shall establish an independent pharmacy and therapeutics committee to review and consult with the administrative director on available evidence of the relative safety, efficacy, and effectiveness of drugs within a class of drugs in the updating of an evidence-based drug formulary, as required by Section 5307.27. -(1) The committee shall consist of six members and the Executive Medical Director of the Division of Workers’ Compensation. The committee shall consist of medical doctors or doctors of osteopathy holding a physician and surgeon license pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, and pharmacists licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code. A committee member shall have knowledge or expertise in one or more of the following: -(A) Clinically appropriate prescribing of covered drugs. -(B) Clinically appropriate dispensing and monitoring of covered drugs. -(C) Drug use review. -(D) Evidence-based medicine. -(2) Committee members shall not be employed by a pharmaceutical manufacturer, a pharmacy benefits management company, or a company engaged in the development of a pharmaceutical formulary for commercial sale during his or her term, and shall not have been so employed for 12 months prior to his or her appointment. -(3) A committee member shall not have a substantial financial conflict of interest pursuant to standards established by the administrative director. The administrative director may, in his or her sole discretion, disqualify a potential or current member of the committee if the administrative director determines that a substantial conflict of interest exists. -(4) A committee member shall agree to keep all proprietary information confidential to the extent required by existing law.","Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment. The administrative director is authorized to adopt, amend, or repeal, after public hearings, any rules and regulations that are reasonably necessary to enforce the state workers’ compensation provisions, except when that power is specifically reserved to the Workers’ Compensation Appeals Board. Existing law requires the administrative director to adopt a medical treatment utilization schedule that addresses the frequency, duration, intensity, and appropriateness of all common treatments performed in workers’ compensation cases. -This bill would require the administrative director to establish a drug formulary, on or before July 1, 2017, as part of the medical treatment utilization schedule, for medications prescribed in the workers’ compensation system. The bill would require the administrative director to meet and consult with stakeholders, as specified, prior to the adoption of the formulary. The bill would require the administrative director to publish at least 2 interim reports on the Internet Web site of the Division of Workers’ Compensation describing the status of the creation of the formulary, commencing July 1, 2016, until the formulary is implemented. The bill would require the administrative director to update the formulary at least on a quarterly basis to allow for the provision of all appropriate medications, including medications new to the market. The bill would exempt an order updating the formulary from the Administrative Procedure Act and other provisions, as specified. The bill would require the administrative director to establish an independent pharmacy and therapeutics committee to review and consult with the administrative director in connection with updating the formulary, as specified. The bill would also make conforming changes to related code sections.","An act to amend Sections 4600.1, 4600.2, and 5307.27 of, and to add Sections 5307.28 and 5307.29 to, the Labor Code, relating to workers’ compensation." -729,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4535.2 of the Government Code is amended to read: -4535.2. -(a) -(1) -The maximum preference and incentive a bidder may be awarded pursuant to this chapter and any other provision of law shall be 15 percent. However, in no case shall the maximum preference and incentive cost under this chapter exceed fifty thousand dollars ($50,000) for any bid, nor shall the combined cost of preferences and incentives granted pursuant to this chapter and any other provision of law exceed one hundred thousand dollars($100,000). In those cases where the 15-percent cumulated preference and incentive cost would exceed the one hundred thousand dollar ($100,000) maximum preference and incentive cost limit, the one hundred thousand dollar ($100,000) maximum preference and incentive cost limit shall apply. -(2) Notwithstanding the one-hundred-thousand-dollar ($100,000) limitation specified in paragraph (1), if the bid includes preferences or incentives under this chapter and Section 14838, the combined cost of preferences and incentives granted pursuant to this chapter and any other law shall not exceed one hundred fifty thousand dollars ($150,000). -(b) Notwithstanding the provisions of this chapter, small business bidders qualified in accordance with Section 14838 shall have precedence over nonsmall business bidders in that the application of any bidder preference for which nonsmall business bidders may be eligible, including the preference contained in this chapter, shall not result in the denial of the award to a small business bidder. This subdivision shall apply to those cases where the small business bidder is the lowest responsible bidder, as well as to those cases where the small business bidder is eligible for award as the result of application of the 5-percent small business bidder preference and incentive. -SECTION 1. -SEC. 2. -Section 14838 of the Government Code is amended to read: -14838. -In order to facilitate the participation of small business, including microbusiness, in the provision of goods, information technology, and services to the state, and in the construction (including alteration, demolition, repair, or improvement) of state facilities, the directors of the department and other state agencies that enter those contracts, each within their respective areas of responsibility, shall do all of the following: -(a) Establish goals, consistent with those established by the Office of Small Business Certification and Resources, for the extent of participation of small businesses, including microbusinesses, in the provision of goods, information technology, and services to the state, and in the construction of state facilities. -(b) Provide for small business preference, or nonsmall business preference for bidders that provide for small business and microbusiness subcontractor participation, in the award of contracts for goods, information technology, services, and construction, as follows: -(1) In solicitations where an award is to be made to the lowest responsible bidder meeting specifications, the preference to small business and microbusiness shall be 5 percent of the lowest responsible nonsmall business bidder meeting specifications. The preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation shall be, up to a maximum of 5 percent of the lowest responsible nonsmall business bidder meeting specifications, determined according to rules and regulations established by the Department of General Services. -(2) In solicitations where an award is to be made to the highest scored bidder based on evaluation factors in addition to price, the preference to small business or microbusiness shall be 5 percent of the highest responsible bidder’s total score. The preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation shall be up to a maximum 5 percent of the highest responsible bidder’s total score, determined according to rules and regulations established by the Department of General Services. -(3) The preferences under paragraphs (1) and (2) shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements. -(4) The preference under paragraph (1) shall not exceed one hundred thousand dollars ($100,000) for any contract award, and the combined cost of preferences granted pursuant to paragraph (1) and any other provision of law shall not exceed one hundred fifty thousand dollars ($150,000). For contract awards in which the state has reserved the right to make multiple awards, this one hundred thousand dollar ($100,000) maximum preference cost shall be applied, to the extent possible, so as to maximize the dollar participation of small businesses, including microbusinesses, in the contract award. -(c) Give special consideration to small businesses and microbusinesses by both: -(1) Reducing the experience required. -(2) Reducing the level of inventory normally required. -(d) Give special assistance to small businesses and microbusinesses in the preparation and submission of the information requested in Section 14310. -(e) Under the authorization granted in Section 10163 of the Public Contract Code, make awards, whenever feasible, to small business and microbusiness bidders for each project bid upon within their prequalification rating. This may be accomplished by dividing major projects into subprojects so as to allow a small business or microbusiness contractor to qualify to bid on these subprojects. -(f) Small business and microbusiness bidders qualified in accordance with this chapter shall have precedence over nonsmall business bidders in that the application of a bidder preference for which nonsmall business bidders may be eligible under this section or any other provision of law shall not result in the denial of the award to a small business or microbusiness bidder. In the event of a precise tie between the low responsible bid of a bidder meeting specifications of a small business or microbusiness, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business or microbusiness, the contract shall be awarded to the disabled veteran-owned small business or microbusiness. This provision applies if the small business or microbusiness bidder is the lowest responsible bidder, as well as if the small business or microbusiness bidder is eligible for award as the result of application of the small business and microbusiness bidder preference granted by subdivision (b). -SEC. 3. -Section 42893 of the Public Resources Code is amended to read: -42893. -(a) The combined amount of preference granted pursuant to this -section -article -shall not exceed one hundred thousand dollars ($100,000) each year. -(b) Notwithstanding Section 42892, the recycled tire product preference shall not exceed fifty thousand dollars ($50,000) if a preference exceeding that amount would preclude an award to a small business that offers a similar product made of nonrecycled tire components and is qualified in accordance with Section 14838 of the Government Code. This provision applies regardless of whether the small business is the lowest responsible bidder or is eligible for the contract award on the basis of application of the 5 percent small business preference. -(c) Notwithstanding the one-hundred-thousand-dollar limitation specified in subdivision (a) or the fifty-thousand-dollar ($50,000) limitation specified in subdivision (b), if the bid includes the preference authorized in Section 42891 and Section 14838 of the Government Code, the combined cost of preferences and incentives granted pursuant to this article and any other law shall not exceed one hundred fifty thousand dollars ($150,000).","Existing law, the Small Business Procurement and Contract Act, provides for various programs to encourage the participation of small businesses, as certified by the Department of General Services, in state agency contracts, including a microbusiness and a disabled veteran business enterprise. Existing law requires directors of state agencies, in awarding prescribed contracts, to provide a 5% preference to small businesses and microbusinesses, and a preference of up to 5% to a nonsmall business that provides for small business or microbusiness subcontractor participation, not to exceed prescribed amounts. Existing law provides, in solicitations where an award is made to the lowest responsible bidder, that the preferences shall not exceed $50,000 for any bid and that the combined cost of preferences granted shall not exceed $100,000. Existing law provides that, in bids in which the state has reserved the right to make multiple awards, the $50,000 maximum preference cost shall be applied. -This bill would provide, in solicitations where an award is made to the lowest responsible bidder, that the preference to small business and microbusiness be 5% of the lowest responsible nonsmall business bidder meeting specifications and that the preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation be up to a maximum of 5% of the lowest responsible nonsmall business bidder. This bill also would provide that the preference not exceed $100,000 for any contract award and that the combined cost of preferences granted not exceed $150,000. This bill would require that the $100,000 maximum preference cost be applied in multiple contract awards. -Existing law, the Target Area Contract Preference Act, requires, if the contract is for goods or services in excess of $100,000, except as specified, the state to award preferences to California-based companies submitting bids or proposals for state contracts who demonstrate and certify under penalty of perjury that of the total labor hours required to manufacture the goods and perform the contract, at least a specified percentage of the hours will be accomplished at an identified worksite or worksites located in a distressed area by persons with a high risk of unemployment. Existing law also provides that the maximum preference and incentive a bidder may be awarded pursuant to this act is $50,000 for any bid, and $100,000 for the combined cost of these preferences and incentives and those provided pursuant to any other provision of law. -This bill would instead provide, if the bid includes preferences or incentives provided under the Target Area Contract Preference Act and the Small Business Procurement and Contract Act, that the maximum preference and incentive a bidder may be awarded pursuant to these provisions shall not exceed $150,000 for the combined cost of these preferences and incentives and those provided pursuant to any other provision of law. -Existing law, the California Tire Recycling Act, provides, on state purchases of products that are made of, or contains components that can be derived from the recycling of used tires, to suppliers of recycled tire products, a bid preference of 5% of the lowest bid or price quoted by suppliers offering similar products made from nonrecycled components. That law limits the preference to $100,000 each year, or $50,000 if the preference exceeding that amount would preclude an award to a small business that offers a similar product made of nonrecycled tire components and is qualified in accordance with the Small Business Procurement and Contract Act. -This bill would provide, notwithstanding those limitations, if the bid includes the preference authorized in the California Tire Recycling Act and the Small Business Procurement and Contract Act, the combined cost of preferences and incentives granted pursuant to California Tire Recycling Act and any other law is not to exceed $150,000.","An act to amend -Section -Sections 4535.2 and -14838 of the Government Code, -and to amend Section 42893 of the Public Resources Code, -relating to public contracts." -730,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The State of California has long recognized the mental health needs of California’s children and the value of addressing these needs by supporting the provision of evidence-based mental health services in publicly funded preschools and elementary schools, as evidenced by the creation in 1981 of the Primary Prevention Project, now named the Primary Intervention Program, and the creation in 1991 of the School-based Early Mental Health Intervention and Prevention Services for Children Program, known as the Early Mental Health Initiative (EMHI). -(b) From the 1992–93 fiscal year to the 2011–12 fiscal year, the State Department of Mental Health awarded funds each year in matching grants to local education agencies to fund prevention and early intervention programs, including the Primary Intervention Program, for students experiencing mild to moderate school adjustment difficulty through the EMHI. In the 2011–12 fiscal year, the EMHI received $15 million in state funds. -(c) Authorizing legislation specified that the EMHI would be deemed successful if at least 75 percent of the children who complete the program show an improvement in at least one of the following four areas: learning behaviors, attendance, school adjustment, and school-related competencies. -(d) The EMHI succeeded in meeting these legislative requirements. According to the 2010/2011 Early Mental Health Initiative Statewide Evaluation Report, of the 15,823 students located in 424 elementary schools across 66 school districts participating in EMHI-funded services during the 2010–11 school year, 79 percent exhibited positive social competence and school adjustment behaviors more frequently after completing services. Furthermore, the magnitude of the improvements was exceptional in comparison to evaluations of other programs, especially given the short-term and cost-effective nature of the intervention. -(e) The 2010/2011 Early Mental Health Initiative Statewide Evaluation Report described an unmet demand for EMHI-funded services at participating schoolsites, as only 37 percent of the students that scored in the mild to moderate school adjustment difficulty range were served with EMHI-funded services due to program capacity and funding constraints. Based on demographic considerations, similar demand would be expected at schools that did not receive EMHI grants. -(f) The Governor’s realignment for the 2011–12 fiscal year renamed the State Department of Mental Health as the State Department of State Hospitals and limited that department’s mission. -(g) The Budget Act of 2012 disbursed Proposition 98 funds, which had been used to fund the EMHI, directly to local education agencies in order to provide local schools with enhanced flexibility to manage their finances and give greater control of local decisions. -(h) It is in the interest of California’s children, families, schools, and communities that the State of California support local decisions to provide funding for evidence-based services to address the mental health needs of children in publicly funded preschools and elementary schools. -(i) Multitiered systems and supports have been developed as model framework within which to implement these services. Pilot programs in the Counties of San Bernardino and Alameda are demonstrating that implementing these services as part of a multitiered system is cost effective, because the cost of the services is more than fully offset by the reduction in the need for high-cost nonpublic school placements. -SEC. 2. -Section 4372 of the Welfare and Institutions Code is amended to read: -4372. -For the purposes of this part, the following definitions shall apply: -(a) “Cooperating entity” means any federal, state, or local, public or private nonprofit agency providing school-based early mental health intervention and prevention services that agrees to offer services at a schoolsite through a program assisted under this part. -(b) “Eligible pupil” means a pupil who attends a preschool program at a publicly funded elementary school, or who attends a publicly funded elementary school and who is in kindergarten, transitional kindergarten, or grades 1 to 3, inclusive. -(c) “Local educational agency” means any school district or county office of education, state special school, or charter school. -(d) “Department” means the State Department of Public Health. -(e) “Director” means the State Director of Mental Health. -(f) “Supportive service” means a service that will enhance the mental health and social development of children. -SEC. 3. -Chapter 4 (commencing with Section 4391) is added to Part 4 of Division 4 of the Welfare and Institutions Code, to read: -CHAPTER 4. School-Based Early Mental Health Intervention and Prevention Services Support Program -4391. -(a) The State Public Health Officer shall establish a four-year pilot program, in consultation with the Superintendent of Public Instruction and the Director of Health Care Services, to encourage and support local decisions to provide funding for the eligible support services as provided in this section. -(b) The department shall provide outreach to local education agencies and county mental health agencies to inform individuals responsible for local funding decisions of the program established pursuant to this section. -(c) The department shall provide free regional training on all of the following: -(1) Eligible support services, which may include any or all of the following: -(A) Individual and group intervention and prevention services. -(B) Parent involvement through conference or training, or both. -(C) Teacher and staff conferences and training related to meeting project goals. -(D) Referral to outside resources when eligible pupils require additional services. -(E) Use of paraprofessional staff, who are trained and supervised by credentialed school psychologists, school counselors, or school social workers, to meet with pupils on a short-term weekly basis, in a one-on-one setting as in the primary intervention program established pursuant to Chapter 4 (commencing with Section 4343) of Part 3. -(F) Any other service or activity that will improve the mental health of eligible pupils. -(2) The potential for the eligible support services defined in this section to help fulfill state priorities described by the local control funding formula and local goals described by local control and accountability plans. -(3) How educational, mental health, and other funds subject to local control can be used to finance the eligible support services defined in this section. -(4) External resources available to support the eligible support services defined in this section, which may include workshops, training, conferences, and peer learning networks. -(5) State resources available to support student mental health and positive learning environments, which may include any of the following: -(A) Foundational aspects of learning, mental health, toxic stress, childhood trauma, and adverse childhood experiences. -(B) Inclusive multitiered systems of behavioral and academic supports, Schoolwide Positive Behavior Interventions and Supports, restorative justice or restorative practices, trauma-informed practices, social and emotional learning, and bullying prevention. -(d) The department shall provide technical assistance to local education agencies that provide or seek to provide eligible services defined in this section. Technical assistance shall include assistance in any of the following: -(1) Designing programs. -(2) Training program staff in intervention skills. -(3) Conducting local evaluations. -(4) Leveraging educational, mental health, and other funds that are subject to local control and assisting in budget development. -(e) In providing outreach pursuant to subdivision (b), training pursuant to subdivision (c), and technical assistance pursuant to subdivision (d), the department shall select and support schoolsites as follows: -(1) During the first 18 months of the program, the department shall support, strengthen, and expand the provision of eligible services at 30 schoolsites that previously received funding pursuant to the School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program (Chapter 2 (commencing with Section 4380)) and have continued to provide eligible support services. In working with these selected schoolsites, the department shall develop methods and standards for providing services and practices to new schoolsites. -(2) During the subsequent 18 months of the program, the department shall select 30 new schoolsites that are not providing eligible support services but that demonstrate the willingness and capacity to participate in the program. The department shall work with these schoolsites to deliver eligible support services. -(3) In selecting schoolsites and providing support, the department shall prioritize geographic diversity, program effectiveness, program efficiency, and long-term program sustainability. -(f) The department shall submit, in compliance with Section 9795 of the Government Code, an interim report to the Legislature at the end of the second year of the pilot program that details the department’s work to support the schoolsites selected pursuant to paragraph (1) of subdivision (e) and includes an assessment of the demand and impact of funding for the School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program established pursuant to Chapter 3 (commencing with Section 4390). The department shall make the report available to the public and shall post it on the department’s Internet Web site. -(g) The department shall develop an evaluation plan to assess the impact of the pilot program. The department, in compliance with Section 9795 of the Government Code, shall submit a report to the Legislature at the end of the four-year period evaluating the impact of the pilot program and providing recommendations for further implementation. The department shall make the report available to the public and shall post it on the department’s Internet Web site. -4392. -This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.","Existing law, the School-based Early Mental Health Intervention and Prevention Services for Children Act of 1991, authorizes the Director of Health Care Services, in consultation with the Superintendent of Public Instruction, to provide matching grants to local educational agencies to pay the state share of the costs of providing school-based early mental health intervention and prevention services to eligible pupils at schoolsites of eligible pupils, subject to the availability of funding each year. Existing law defines “eligible pupil” for this purpose as a pupil who attends a publicly funded elementary school and who is in kindergarten or grades 1 to 3, inclusive. Existing law also defines “local educational agency” as a school district or county office of education or a state special school. -This bill would expand the definition of an eligible pupil to include a pupil who attends a state preschool program at a publicly funded elementary school and a pupil who is in transitional kindergarten, thereby extending the application of the act to those persons. The bill would also include charter schools in the definition of local educational agency, thereby extending the application of the act to those entities. The bill would require the State Public Health Officer, in consultation with the Superintendent of Public Schools and the Director of Health Care Services, to establish a 4-year pilot program, the School-Based Early Mental Health Intervention and Prevention Services Support Program, to provide outreach, free regional training, and technical assistance for local educational agencies in providing mental health services at schoolsites. The bill would require the State Department of Public Health to submit specified reports after 2 and 4 years. The bill would repeal these provisions as of January 1, 2021.","An act to amend Section 4372 of, and to add and repeal Chapter 4 (commencing with Section 4391) of Part 4 of Division 4 of, the Welfare and Institutions Code, relating to mental health." -731,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 30515 of the Penal Code is amended to read: -30515. -(a) Notwithstanding Section 30510, “assault weapon” also means any of the following: -(1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following: -(A) A pistol grip that protrudes conspicuously beneath the action of the weapon. -(B) A thumbhole stock. -(C) A folding or telescoping stock. -(D) A grenade launcher or flare launcher. -(E) A flash suppressor. -(F) A forward pistol grip. -(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. -(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. -(4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following: -(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. -(B) A second handgrip. -(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel. -(D) The capacity to accept a detachable magazine at some location outside of the pistol grip. -(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. -(6) A semiautomatic shotgun that has both of the following: -(A) A folding or telescoping stock. -(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip. -(7) A semiautomatic shotgun that has the ability to accept a detachable magazine. -(8) Any shotgun with a revolving cylinder. -(b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. -(c) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subdivision (d). -(d) “Assault weapon” does not include either of the following: -(1) Any antique firearm. -(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c): -MANUFACTURER -MODEL -CALIBER -BENELLI -MP90 -.22LR -BENELLI -MP90 -.32 S&W LONG -BENELLI -MP95 -.22LR -BENELLI -MP95 -.32 S&W LONG -HAMMERLI -280 -.22LR -HAMMERLI -280 -.32 S&W LONG -HAMMERLI -SP20 -.22LR -HAMMERLI -SP20 -.32 S&W LONG -PARDINI -GPO -.22 SHORT -PARDINI -GP-SCHUMANN -.22 SHORT -PARDINI -HP -.32 S&W LONG -PARDINI -MP -.32 S&W LONG -PARDINI -SP -.22LR -PARDINI -SPE -.22LR -WALTHER -GSP -.22LR -WALTHER -GSP -.32 S&W LONG -WALTHER -OSP -.22 SHORT -WALTHER -OSP-2000 -.22 SHORT -(3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (c) to exempt new models of competitive pistols that would otherwise fall within the definition of “assault weapon” pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant. -SEC. 2. -Section 30680 is added to the Penal Code, to read: -30680. -Section 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable: -(a) Prior to January 1, 2017, the person would have been eligible to register that assault weapon pursuant to subdivision (b) of Section 30900. -(b) The person lawfully possessed that assault weapon prior to January 1, 2017. -(c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900. -SEC. 3. -Section 30900 of the Penal Code is amended to read: -30900. -(a) (1) Any person who, prior to June 1, 1989, lawfully possessed an assault weapon, as defined in former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989, shall register the firearm by January 1, 1991, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended by Section 1 of Chapter 874 of the Statutes of 1990 or Section 3 of Chapter 954 of the Statutes of 1991, shall register the firearm within 90 days with the Department of Justice pursuant to those procedures that the department may establish. -(2) Except as provided in Section 30600, any person who lawfully possessed an assault weapon prior to the date it was defined as an assault weapon pursuant to former Section 12276.1, as it read in Section 7 of Chapter 129 of the Statutes of 1999, and which was not specified as an assault weapon under former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, or former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, shall register the firearm by January 1, 2001, with the department pursuant to those procedures that the department may establish. -(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate. -(4) The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the reasonable processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act but not to exceed the reasonable costs of the department. The fees shall be deposited into the Dealers’ Record of Sale Special Account. -(b) (1) Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before January 1, 2018, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5). -(2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department. -(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number. -(4) The department may charge a fee in an amount of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the department. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account to be used for purposes of this section. -(5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law enforcement officers. Under existing law, “assault weapon” means, among other things, a semiautomatic centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of several specified attributes, including, for rifles, a thumbhole stock, and for pistols, a 2nd handgrip. -This bill would revise this definition of “assault weapon” to mean a semiautomatic centerfire rifle or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes. The bill would also define “fixed magazine” to mean an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. -By expanding the definition of an existing crime, the bill would impose a state-mandated local program. -(2) Existing law requires that any person who, within this state, possesses an assault weapon, except as otherwise provided, be punished as a felony or for a period not to exceed one year in a county jail. -This bill would exempt from punishment under that provision a person who possessed an assault weapon prior to January 1, 2017, if specified requirements are met. -(3) Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice. Existing law permits the Department of Justice to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act. Existing law requires those fees to be deposited into the Dealers’ Record of Sale Special Account. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies. -This bill would require that any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, and including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm with the Department of Justice before January 1, 2018, but not before the effective date of specified regulations. The bill would permit the department to increase the $20 registration fee as long as it does not exceed the reasonable processing costs of the department. The bill would also require registrations to be submitted electronically via the Internet utilizing a public-facing application made available by the department. The bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. The bill would permit the department to charge a fee of up to $15 per person for registration through the Internet, not to exceed the reasonable processing costs of the department to be paid and deposited, as specified, for purposes of the registration program. The bill would require the department to adopt regulations for the purpose of implementing those provisions and would exempt those regulations from the Administrative Procedure Act. The bill would also make technical and conforming changes. -(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 30515 and 30900 of, and to add Section 30680 to, the Penal Code, relating to firearms." -732,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 399.16 of the Public Utilities Code is amended to read: -399.16. -(a) Various electricity products from eligible renewable energy resources located within the WECC transmission network service area shall be eligible to comply with the renewables portfolio standard procurement requirements in Section 399.15. These electricity products may be differentiated by their impacts on the operation of the grid in supplying electricity, as well as, meeting the requirements of this article. -(b) Consistent with the goals of procuring the least-cost and best-fit electricity products from eligible renewable energy resources that meet project viability principles adopted by the commission pursuant to paragraph (4) of subdivision (a) of Section 399.13 and that provide the benefits set forth in Section 399.11, a balanced portfolio of eligible renewable energy resources shall be procured consisting of the following portfolio content categories: -(1) Eligible renewable energy resource electricity products that meet any of the following criteria: -(A) Have a first point of interconnection with a California balancing authority, have a first point of interconnection with distribution facilities used to serve end users within a California balancing authority area, or are scheduled from the eligible renewable energy resource into a California balancing authority without substituting electricity from another source. The use of another source to provide real-time ancillary services required to maintain an hourly or subhourly import schedule into a California balancing authority shall be permitted, but only the fraction of the schedule actually generated by the eligible renewable energy resource shall count toward this portfolio content category. -(B) Have an agreement to dynamically transfer electricity to a California balancing authority. -(C) -Unbundled renewable -Renewable -energy credits that are earned by electricity that is generated by an entity that, if it were a person or corporation, would be excluded from the definition of an electrical corporation by operation of subdivision (c) or (d) of Section 218, -that meets the criteria of subparagraph (A), and where the electricity generated that earned the credit is used at a wastewater treatment facility that is owned by a public entity and first put into service on or after January 1, 2016. -consistent with the following requirements: -(i) The generating facility earning the renewable energy credit meets the criteria of subparagraph (A). -(ii) The electricity generated that earned the renewable energy credit is used at a wastewater treatment facility that is owned by a public entity. -(iii) The generating capability of the wastewater treatment facility that earned the renewable energy credit is first put into service on or after January 1, 2016. For these purposes, “generating capability” includes new or additional generation of electricity at a wastewater treatment facility that is the result of capital investment or operational changes made to the facility on or after January 1, 2016, that result in incremental increases in generation at the facility, as well as repowered wastewater facilities. -(iv) The wastewater treatment facility does not participate in the small-scale bioenergy feed-in tariff program established by the commission pursuant to Section 399.20. -(2) Firmed and shaped eligible renewable energy resource electricity products providing incremental electricity and scheduled into a California balancing authority. -(3) Eligible renewable energy resource electricity products, or any fraction of the electricity generated, including unbundled renewable energy credits, that do not qualify under the criteria of paragraph (1) or (2). -(c) In order to achieve a balanced portfolio, all retail sellers shall meet the following requirements for all procurement credited toward each compliance period: -(1) Not less than 50 percent for the compliance period ending December 31, 2013, 65 percent for the compliance period ending December 31, 2016, and 75 percent thereafter of the eligible renewable energy resource electricity products associated with contracts executed after June 1, 2010, shall meet the product content requirements of paragraph (1) of subdivision (b). -(2) Not more than 25 percent for the compliance period ending December 31, 2013, 15 percent for the compliance period ending December 31, 2016, and 10 percent thereafter of the eligible renewable energy resource electricity products associated with contracts executed after June 1, 2010, shall meet the product content requirements of paragraph (3) of subdivision (b). -(3) Any renewable energy resources contracts executed on or after June 1, 2010, not subject to the limitations of paragraph (1) or (2), shall meet the product content requirements of paragraph (2) of subdivision (b). -(4) For purposes of electric service providers only, the restrictions in this subdivision on crediting eligible renewable energy resource electricity products to each compliance period shall apply to contracts executed after January 13, 2011. -(d) Any contract or ownership agreement originally executed prior to June 1, 2010, shall count in full toward the procurement requirements established pursuant to this article, if all of the following conditions are met: -(1) The renewable energy resource was eligible under the rules in place as of the date when the contract was executed. -(2) For an electrical corporation, the contract has been approved by the commission, even if that approval occurs after June 1, 2010. -(3) Any contract amendments or modifications occurring after June 1, 2010, do not increase the nameplate capacity or expected quantities of annual generation, or substitute a different renewable energy resource. The duration of the contract may be extended if the original contract specified a procurement commitment of 15 or more years. -(e) A retail seller may apply to the commission for a reduction of a procurement content requirement of subdivision (c). The commission may reduce a procurement content requirement of subdivision (c) to the extent the retail seller demonstrates that it cannot comply with that subdivision because of conditions beyond the control of the retail seller as provided in paragraph (5) of subdivision (b) of Section 399.15. The commission shall not, under any circumstance, reduce the obligation specified in paragraph (1) of subdivision (c) below 65 percent for any compliance obligation after December 31, 2016. -(f) (1) A public entity selling renewable energy credits that are eligible for treatment pursuant to subparagraph (C) of paragraph (1) of subdivision (b) shall not make any marketing or advertising claims regarding the renewable attributes of the electricity that earned the renewable energy credit. All renewable attributes of the electricity that earned the renewable energy credit are transferred to the purchaser of the renewable energy credit. -(2) For purposes of calculating the renewables portfolio standard procurement obligations for a retail seller pursuant to Section 399.15, and for a local publicly owned electric utility pursuant to Section 399.30, the electricity generated that earned the renewable energy credit that is eligible for treatment pursuant to subparagraph (C) of paragraph (1) of subdivision (b) and is sold by the public entity shall be added to the total retail sales of the retail seller or local publicly owned electric utility that purchases the renewable energy credit.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The existing definition of an electrical corporation excludes from that definition a corporation or person employing landfill gas technology or digester gas technology for the generation of electricity for (1) its own use or the use of not more than 2 of its tenants located on the real property on which the electricity is generated, (2) the use of or sale to not more than 2 other corporations or persons solely for use on the real property on which the electricity is generated, or (3) the sale or transmission to an electrical corporation or state or local public agency, if the sale or transmission of the electricity service to a retail customer is provided through the transmission system of the existing local publicly owned electric utility or electrical corporation of that retail customer. -The California Renewables Portfolio Standard Program requires the Public Utilities Commission to establish a renewables portfolio standard requiring all retail sellers, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, at specified percentages of the total kilowatthours sold to their retail end-customers during specified compliance periods. The program additionally requires each local publicly owned electric utility, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources to achieve the targets established by the program. The program, consistent with the goals of procuring the least-cost and best-fit eligible renewable energy resources that meet project viability principles, requires that all retail sellers procure a balanced portfolio of electricity products from eligible renewable energy resources, as specified, referred to as the portfolio content requirements. -Existing law requires every electrical corporation to file with the commission a standard tariff for electricity generated by an electric generation facility, as defined, that qualifies for the tariff, is owned and operated by a retail customer of the electrical corporation, and is located within the service territory of, and developed to sell electricity to, the electrical corporation. This tariff requirement is known as the renewable feed-in tariff program. The program additionally requires the commission, by June 1, 2013, to direct the electrical corporations to collectively procure at least 250 megawatts of cumulative rated generating capacity from developers of bioenergy projects that commence operation on or after June 1, 2013. Pursuant to this requirement, the commission has established the small-scale bioenergy feed-in tariff program. -This bill would provide that -unbundled -renewable energy credits may be used to meet the first category of the portfolio content requirements if (1) the credits are earned by electricity that is generated by an entity that, if it were a person or corporation, would be excluded from the definition of an electrical corporation by operation of the exclusions for a corporation or person employing landfill gas technology or digester gas technology, (2) the entity employing the landfill gas technology or digester gas technology has a first point of interconnection with a California balancing authority, a first point of interconnection with distribution facilities used to serve end users within a California balancing authority area, or -are -is -scheduled from the eligible renewable energy resource into a California balancing authority without substituting electricity from another source, -and -(3) where the electricity generated that earned the credit is used at a wastewater treatment facility that is owned by a public -entity and -entity, (4) the generating capability, as specified, of the wastewater treatment facility that earned the renewable energy credit is -first put into service on or after January 1, -2016. -2016, and (5) the wastewater treatment facility does not participate in the small-scale bioenergy feed-in tariff program. The bill would prohibit a public entity, selling renewable energy that is eligible to meet the first category of the portfolio content requirements pursuant to the bill’s provisions, from making any marketing or advertising claims regarding the renewable attributes of the electricity that earned the renewable energy credit. The bill would require that the electricity generated that earned the renewable energy credit that is sold by the public entity be added to the total retail sales of the retail seller or local publicly owned electric utility purchasing the renewable energy credit for purposes of determining their renewables portfolio standard procurement requirements.","An act to amend Section 399.16 of the Public Utilities Code, relating to energy." -733,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 115800 of the Health and Safety Code is amended to read: -115800. -(a) An operator of a skateboard park shall not permit a person to ride a skateboard or other wheeled recreational device in the skateboard park, unless that person is wearing a helmet, elbow pads, and knee pads. -(b) With respect to a facility, owned or operated by a local public agency, that is designed and maintained for the purpose of riding a recreational skateboard or other wheeled recreational device, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: -(1) Adoption by the local public agency of an ordinance requiring a person riding a skateboard or other wheeled recreational device at the facility to wear a helmet, elbow pads, and knee pads. -(2) The posting of signs at the facility affording reasonable notice that a person riding a skateboard or other wheeled recreational device in the facility must wear a helmet, elbow pads, and knee pads, and that a person failing to do so will be subject to citation pursuant to the ordinance required by paragraph (1). -(c) “Local public agency” for purposes of this section includes, but is not limited to, a city, county, or city and county. -(d) For purposes of this section, “other wheeled recreational device” means nonmotorized bicycles, scooters, in-line skates, roller skates, or wheelchairs. -(e) (1) Riding a skateboard or other wheeled recreational device, or any concurrent combination of these activities at a facility or park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3), shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions are met: -(A) The person riding the skateboard or other wheeled recreational device is 12 years of age or older. -(B) The riding of the skateboard or other wheeled recreational device that caused the injury was stunt, trick, or luge riding. -(C) The skateboard park is on public property that complies with subdivision (a) or (b). -(2) In addition to subdivision (c) of Section 831.7 of the Government Code, this section does not limit the liability of a public entity with respect to any other duty imposed pursuant to existing law, including the duty to protect against dangerous conditions of public property pursuant to Chapter 2 (commencing with Section 830) of Part 2 of Division 3.6 of Title 1 of the Government Code. However, this section does not abrogate or limit any other legal rights, defenses, or immunities that may otherwise be available at law. -(3) (A) Except as provided in subparagraph (B), for public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2001. For public skateboard parks that are constructed after January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998. For purposes of this subdivision, a skateboard facility that is a movable facility shall be deemed constructed on the first date it is initially made available for use at a location by the local public agency. -(B) For public skateboard parks that were constructed after January 1, 1996, and before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 2012. -(4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by a person riding a skateboard or other wheeled recreational device in a public skateboard park or facility. The local public agency shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency. Copies of the records of claims and lawsuits shall be filed annually, no later than January 30 each year, with the Assembly Committee on Judiciary and the Senate Committee on Judiciary. -(5) (A) Except as provided in subparagraph (B), this subdivision shall not apply on or after January 1, 2001, to public skateboard parks that were constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are constructed after January 1, 1998. -(B) On and after January 1, 2012, this subdivision shall apply to public skateboard parks that were constructed on or after January 1, 1996. -(6) For purposes of injuries that occur while operating one of the other wheeled recreational devices described in subdivision (d) in a skateboard facility, this subdivision shall apply to any claim for injuries occurring on or after January 1, 2016. -(f) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 2. -Section 115800 is added to the Health and Safety Code, to read: -115800. -(a) An operator of a skateboard park shall not permit a person to ride a skateboard in the park, unless that person is wearing a helmet, elbow pads, and knee pads. -(b) With respect to a facility, owned or operated by a local public agency, that is designed and maintained for the purpose of riding a recreational skateboard, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: -(1) Adoption by the local public agency of an ordinance requiring a person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads. -(2) The posting of signs at the facility affording reasonable notice that a person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that a person failing to do so will be subject to citation under the ordinance required by paragraph (1). -(c) “Local public agency” for purposes of this section includes, but is not limited to, a city, county, or city and county. -(d) (1)   Riding a skateboard at a facility or park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3), shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions are met: -(A) The person riding the skateboard is 12 years of age or older. -(B) The riding of the skateboard that caused the injury was stunt, trick, or luge riding. -(C) The skateboard park is on public property that complies with subdivision (a) or (b). -(2) In addition to subdivision (c) of Section 831.7 of the Government Code, this section does not limit the liability of a public entity with respect to any other duty imposed pursuant to existing law, including the duty to protect against dangerous conditions of public property pursuant to Chapter 2 (commencing with Section 830) of Part 2 of Division 3.6 of Title 1 of the Government Code. However, this section does not abrogate or limit any other legal rights, defenses, or immunities that may otherwise be available at law. -(3) (A)   Except as provided in subparagraph (B), for public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2001. For public skateboard parks that are constructed after January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998. For purposes of this subdivision, a skateboard facility that is a movable facility shall be deemed constructed on the first date it is initially made available for use at a location by the local public agency. -(B) For public skateboard parks that were constructed after January 1, 1996, and before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 2012. -(4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by a person riding a skateboard in a public skateboard park or facility. The local public agency shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency. Copies of the records of claims and lawsuits shall be filed annually, no later than January 30 each year, with the Assembly Committee on Judiciary and the Senate Committee on Judiciary. -(5) (A)   Except as provided in subparagraph (B), this subdivision shall not apply on or after January 1, 2001, to public skateboard parks that were constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are constructed after January 1, 1998. -(B) On and after January 1, 2012, this subdivision shall apply to public skateboard parks that were constructed on or after January 1, 1996. -(e) This section shall become operative on January 1, 2020.","Existing law prohibits an operator of a skateboard park from permitting a person to ride a skateboard at the park, unless the person is wearing a helmet, elbow pads, and knee pads. Existing law provides that a skateboard facility owned or operated by a local public agency that is not supervised on a regular basis may satisfy the above requirement if it complies with certain things, including the adoption of an ordinance that requires a person riding a skateboard in the facility to wear a helmet, elbow pads, and knee pads, as provided. Existing law provides that a public entity is not liable to a person who participates in a hazardous recreational activity, and that skateboarding at a facility owned or operated by a public entity as a public skateboard park is a hazardous recreational activity, if certain conditions are met. -This bill would apply the above provisions, and others relating to skateboard safety and liability, to other wheeled recreational devices, as defined, until January 1, 2020.","An act to amend, repeal, and add Section 115800 of the Health and Safety Code, relating to recreational safety." -734,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 40204 of the Vehicle Code is amended to read: -40204. -(a) If the parking penalty is received by the person authorized to receive the deposit of the parking penalty and there is no contest as to that parking violation, the proceedings under this article shall terminate. -(b) The issuing agency may, consistent with the written guidelines established by the agency, allow payment of the parking penalty in installments if the violator provides evidence satisfactory to the issuing agency of an inability to pay the parking penalty in full. -SEC. 2. -Section 40215 of the Vehicle Code is amended to read: -40215. -(a) For a period of 21 calendar days from the issuance of a notice of parking violation or 14 calendar days from the mailing of a notice of delinquent parking violation, exclusive of any days from the day the processing agency receives a request for a copy or facsimile of the original notice of parking violation pursuant to Section 40206.5 and the day the processing agency complies with the request, a person may request an initial review of the notice by the issuing agency. The request may be made by telephone, in writing, or in person. There shall be no charge for this review. If, following the initial review, the issuing agency is satisfied that the violation did not occur, that the registered owner was not responsible for the violation, or that extenuating circumstances make dismissal of the citation appropriate in the interest of justice, the issuing agency shall cancel the notice of parking violation or notice of delinquent parking violation. The issuing agency shall advise the processing agency, if any, of the cancellation. The issuing agency or the processing agency shall mail the results of the initial review to the person contesting the notice, and, if following that review, cancellation of the notice does not occur, include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure adopted pursuant to subdivision (b) for waiving prepayment of the parking penalty based upon an inability to pay. -(b) If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than 21 calendar days following the mailing of the results of the issuing agency’s initial review. The request may be made by telephone, in writing, or in person. The person requesting an administrative hearing shall deposit the amount of the parking penalty with the processing agency. The issuing agency shall adopt a written procedure to allow a person to request an administrative hearing without payment of the parking penalty upon satisfactory proof of an inability to pay the amount due. After January 1, 1996, an administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to this article. The person requesting the hearing may request one continuance, not to exceed 21 calendar days. -(c) The administrative hearing process shall include the following: -(1) The person requesting a hearing shall have the choice of a hearing by mail or in person. An in-person hearing shall be conducted within the jurisdiction of the issuing agency. If an issuing agency contracts with an administrative provider, hearings shall be held within the jurisdiction of the issuing agency or within the county of the issuing agency. -(2) If the person requesting a hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for the parking violation without the necessity of the appointment of a guardian. The processing agency may proceed against the minor in the same manner as against an adult. -(3) The administrative hearing shall be conducted in accordance with written procedures established by the issuing agency and approved by the governing body or chief executive officer of the issuing agency. The hearing shall provide an independent, objective, fair, and impartial review of contested parking violations. -(4) (A) The issuing agency’s governing body or chief executive officer shall appoint or contract with qualified examiners or administrative hearing providers that employ qualified examiners to conduct the administrative hearings. Examiners shall demonstrate those qualifications, training, and objectivity necessary to conduct a fair and impartial review. An examiner shall not be employed, managed, or controlled by a person whose primary duties are parking enforcement or parking citation, processing, collection, or issuance. The examiner shall be separate and independent from the citation collection or processing function. An examiner’s continued employment, performance evaluation, compensation, and benefits shall not, directly or indirectly, be linked to the amount of fines collected by the examiner. -(B) Examiners shall have a minimum of 20 hours of training. The examiner is responsible for the costs of the training. The issuing agency may reimburse the examiner for those costs. Training may be provided through (i) an accredited college or university, (ii) a program conducted by the Commission on Peace Officer Standards and Training, (iii) American Arbitration Association or a similar established organization, or (iv) through any program approved by the governing board of the issuing agency, including a program developed and provided by, or for, the agency. Training programs may include topics relevant to the administrative hearing, including, but not limited to, applicable laws and regulations, parking enforcement procedures, due process, evaluation of evidence, hearing procedures, and effective oral and written communication. Upon the approval of the governing board of the issuing agency, up to 12 hours of relevant experience may be substituted for up to 12 hours of training. In addition, up to eight hours of the training requirements described in this subparagraph may be credited to an individual, at the discretion of the governing board of the issuing agency, based upon training programs or courses described in (i) to (iv), inclusive, that the individual attended within the last five years. -(5) The officer or person who issues a notice of parking violation shall not be required to participate in an administrative hearing. The issuing agency shall not be required to produce any evidence other than the notice of parking violation or copy thereof and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. The documentation in proper form shall be prima facie evidence of the violation. -(6) The examiner’s decision following the administrative hearing may be personally delivered to the person by the examiner or sent by first-class mail, and, if the notice is not cancelled, include a written reason for that denial. -(7) The examiner or the issuing agency may, at any stage of the initial review or the administrative hearing process, and consistent with the written guidelines established by the issuing agency, allow payment of the parking penalty in installments, or the issuing agency may allow for deferred payment, if the person provides evidence satisfactory to the examiner or the issuing agency, as the case may be, of an inability to pay the parking penalty in full. If authorized by the governing board of the issuing agency, the examiner may permit the performance of community service in lieu of payment of a parking penalty. -(d) The provisions of this section relating to the administrative appeal process do not apply to an issuing agency that is a law enforcement agency if the issuing agency does not also act as the processing agency.","Existing law establishes a process by which a person who has received a notice of a parking violation or a notice of a delinquent parking violation may contest the notice. Existing law provides for an administrative hearing, conducted by an examiner, as specified, as part of that process. If after the hearing the examiner determines that the person committed the violation, existing law authorizes the examiner to allow the person to pay the penalty for the violation in installments, and authorizes the agency that issued the notice to allow deferred payment of the penalty or payment of the penalty in installments if the person provides satisfactory evidence of an inability to pay the penalty in full. -This bill would authorize the examiner or the issuing agency to allow payment of the penalty in installments, or allow the issuing agency to allow deferred payment of the penalty, at any stage of the process described above. This bill would also authorize the issuing agency to allow payment of the penalty in installments if the person does not contest the violation.","An act to amend Sections 40204 and 40215 of the Vehicle Code, relating to parking violations." -735,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 896 of the Civil Code is amended to read: -896. -In any action seeking recovery of damages arising out of, or related to deficiencies in, the residential construction, design, specifications, surveying, planning, supervision, testing, or observation of construction, a builder, and to the extent set forth in Chapter 4 (commencing with Section 910), a general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, shall, except as specifically set forth in this title, be liable for, and the claimant’s claims or causes of action shall be limited to violation of, the following standards, except as specifically set forth in this title. This title applies to original construction intended to be sold as an individual dwelling -unit. -unit and shall serve as the sole and exclusive remedy for any action seeking recovery for damages as described in this section. -As to condominium conversions, this title does not apply to or does not supersede any other statutory or common law. -(a) With respect to water issues: -(1) A door shall not allow unintended water to pass beyond, around, or through the door or its designed or actual moisture barriers, if any. -(2) Windows, patio doors, deck doors, and their systems shall not allow water to pass beyond, around, or through the window, patio door, or deck door or its designed or actual moisture barriers, including, without limitation, internal barriers within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any. -(3) Windows, patio doors, deck doors, and their systems shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any. -(4) Roofs, roofing systems, chimney caps, and ventilation components shall not allow water to enter the structure or to pass beyond, around, or through the designed or actual moisture barriers, including, without limitation, internal barriers located within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, and sheathing, if any. -(5) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow water to pass into the adjacent structure. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any. -(6) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow unintended water to pass within the systems themselves and cause damage to the systems. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any. -(7) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to cause damage to another building component. -(8) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to limit the installation of the type of flooring materials typically used for the particular application. -(9) Hardscape, including paths and patios, irrigation systems, landscaping systems, and drainage systems, that are installed as part of the original construction, shall not be installed in such a way as to cause water or soil erosion to enter into or come in contact with the structure so as to cause damage to another building component. -(10) Stucco, exterior siding, exterior walls, including, without limitation, exterior framing, and other exterior wall finishes and fixtures and the systems of those components and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall be installed in such a way so as not to allow unintended water to pass into the structure or to pass beyond, around, or through the designed or actual moisture barriers of the system, including any internal barriers located within the system itself. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any. -(11) Stucco, exterior siding, and exterior walls shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any. -(12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through its designed or actual moisture barriers including, without limitation, any internal barriers, so as to cause damage. This standard does not apply to those portions of any wall or drainage system that are designed to have water flow beyond, around, or through them. -(13) Retaining walls and site walls, and their associated drainage systems, shall only allow water to flow beyond, around, or through the areas designated by design. -(14) The lines and components of the plumbing system, sewer system, and utility systems shall not leak. -(15) Plumbing lines, sewer lines, and utility lines shall not corrode so as to impede the useful life of the systems. -(16) Sewer systems shall be installed in such a way as to allow the designated amount of sewage to flow through the system. -(17) Showers, baths, and related waterproofing systems shall not leak water into the interior of walls, flooring systems, or the interior of other components. -(18) The waterproofing system behind or under ceramic tile and tile countertops shall not allow water into the interior of walls, flooring systems, or other components so as to cause damage. Ceramic tile systems shall be designed and installed so as to deflect intended water to the waterproofing system. -(b) With respect to structural issues: -(1) Foundations, load bearing components, and slabs, shall not contain significant cracks or significant vertical displacement. -(2) Foundations, load bearing components, and slabs shall not cause the structure, in whole or in part, to be structurally unsafe. -(3) Foundations, load bearing components, and slabs, and underlying soils shall be constructed so as to materially comply with the design criteria set by applicable government building codes, regulations, and ordinances for chemical deterioration or corrosion resistance in effect at the time of original construction. -(4) A structure shall be constructed so as to materially comply with the design criteria for earthquake and wind load resistance, as set forth in the applicable government building codes, regulations, and ordinances in effect at the time of original construction. -(c) With respect to soil issues: -(1) Soils and engineered retaining walls shall not cause, in whole or in part, damage to the structure built upon the soil or engineered retaining wall. -(2) Soils and engineered retaining walls shall not cause, in whole or in part, the structure to be structurally unsafe. -(3) Soils shall not cause, in whole or in part, the land upon which no structure is built to become unusable for the purpose represented at the time of original sale by the builder or for the purpose for which that land is commonly used. -(d) With respect to fire protection issues: -(1) A structure shall be constructed so as to materially comply with the design criteria of the applicable government building codes, regulations, and ordinances for fire protection of the occupants in effect at the time of the original construction. -(2) Fireplaces, chimneys, chimney structures, and chimney termination caps shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire outside the fireplace enclosure or chimney. -(3) Electrical and mechanical systems shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire. -(e) With respect to plumbing and sewer issues: -Plumbing and sewer systems shall be installed to operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action may be brought for a violation of this subdivision more than four years after close of escrow. -(f) With respect to electrical system issues: -Electrical systems shall operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action shall be brought pursuant to this subdivision more than four years from close of escrow. -(g) With respect to issues regarding other areas of construction: -(1) Exterior pathways, driveways, hardscape, sidewalls, sidewalks, and patios installed by the original builder shall not contain cracks that display significant vertical displacement or that are excessive. However, no action shall be brought upon a violation of this paragraph more than four years from close of escrow. -(2) Stucco, exterior siding, and other exterior wall finishes and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall not contain significant cracks or separations. -(3) (A) To the extent not otherwise covered by these standards, manufactured products, including, but not limited to, windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, HVAC units, countertops, cabinets, paint, and appliances shall be installed so as not to interfere with the products’ useful life, if any. -(B) For purposes of this paragraph, “useful life” means a representation of how long a product is warranted or represented, through its limited warranty or any written representations, to last by its manufacturer, including recommended or required maintenance. If there is no representation by a manufacturer, a builder shall install manufactured products so as not to interfere with the product’s utility. -(C) For purposes of this paragraph, “manufactured product” means a product that is completely manufactured offsite. -(D) If no useful life representation is made, or if the representation is less than one year, the period shall be no less than one year. If a manufactured product is damaged as a result of a violation of these standards, damage to the product is a recoverable element of damages. This subparagraph does not limit recovery if there has been damage to another building component caused by a manufactured product during the manufactured product’s useful life. -(E) This title does not apply in any action seeking recovery solely for a defect in a manufactured product located within or adjacent to a structure. -(4) Heating shall be installed so as to be capable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet above the floor in any living space if the heating was installed pursuant to a building permit application submitted prior to January 1, 2008, or capable of maintaining a room temperature of 68 degrees Fahrenheit at a point three feet above the floor and two feet from exterior walls in all habitable rooms at the design temperature if the heating was installed pursuant to a building permit application submitted on or before January 1, 2008. -(5) Living space air-conditioning, if any, shall be provided in a manner consistent with the size and efficiency design criteria specified in Title 24 of the California Code of Regulations or its successor. -(6) Attached structures shall be constructed to comply with interunit noise transmission standards set by the applicable government building codes, ordinances, or regulations in effect at the time of the original construction. If there is no applicable code, ordinance, or regulation, this paragraph does not apply. However, no action shall be brought pursuant to this paragraph more than one year from the original occupancy of the adjacent unit. -(7) Irrigation systems and drainage shall operate properly so as not to damage landscaping or other external improvements. However, no action shall be brought pursuant to this paragraph more than one year from close of escrow. -(8) Untreated wood posts shall not be installed in contact with soil so as to cause unreasonable decay to the wood based upon the finish grade at the time of original construction. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. -(9) Untreated steel fences and adjacent components shall be installed so as to prevent unreasonable corrosion. However, no action shall be brought pursuant to this paragraph more than four years from close of escrow. -(10) Paint and stains shall be applied in such a manner so as not to cause deterioration of the building surfaces for the length of time specified by the paint or stain manufacturers’ representations, if any. However, no action shall be brought pursuant to this paragraph more than five years from close of escrow. -(11) Roofing materials shall be installed so as to avoid materials falling from the roof. -(12) The landscaping systems shall be installed in such a manner so as to survive for not less than one year. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. -(13) Ceramic tile and tile backing shall be installed in such a manner that the tile does not detach. -(14) Dryer ducts shall be installed and terminated pursuant to manufacturer installation requirements. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. -(15) Structures shall be constructed in such a manner so as not to impair the occupants’ safety because they contain public health hazards as determined by a duly authorized public health official, health agency, or governmental entity having jurisdiction. This paragraph does not limit recovery for any damages caused by a violation of any other paragraph of this section on the grounds that the damages do not constitute a health hazard. -SECTION 1. -Section 895 of the -Civil Code -is amended to read: -895. -(a)“Structure” means a residential dwelling, other building, or improvement located upon a lot or within a common area. -(b)“Designed moisture barrier” means an installed moisture barrier specified in the plans and specifications, contract documents, or manufacturer’s recommendations. -(c)“Actual moisture barrier” means a component or material, actually installed, that serves to any degree as a barrier against moisture, whether or not intended as a barrier against moisture. -(d)“Unintended water” means water that passes beyond, around, or through a component or the material that is designed to prevent that passage. -(e)“Close of escrow” means the date of the close of escrow between the builder and the original homeowner. With respect to claims by an association, as defined in Section 4080, “close of escrow” means the date of substantial completion, as defined in Section 337.15 of the Code of Civil Procedure, or the date the builder relinquishes control over the association’s ability to decide whether to initiate a claim under this title, whichever is later. -(f)“Claimant” or “homeowner” includes the individual owners of single-family homes, individual unit owners of attached dwellings and, in the case of a common interest development, an association as defined in Section 4080.","Existing law regulates actions seeking recovery on construction defects, as specified, on original construction intended to be sold as an individual dwelling -unit. Existing law defines certain terms for these purposes. -purchased new after January 1, 2003. Existing law provides that general contractors, subcontractors, material suppliers, product manufacturers, and design professionals may be liable for damages for construction defects if they caused, or contributed to, the violation of a particular standard as the result of a breach of contract or through negligence. Existing law also establishes certain prelitigation procedures for both the homeowner and defendants to engage in to attempt to resolve the claim prior to filing a lawsuit for construction defects, and also establishes the parameters of a legal action seeking recovery for construction defects. -This bill would -make nonsubstantive changes to these provisions -establish these provisions as the sole and exclusive remedy available for claims seeking recovery on construction defects, as specified -.","An act to amend Section -895 -896 -of the Civil Code, relating to construction defects." -736,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 21455.5 of the Vehicle Code is amended to read: -21455.5. -(a) Except or provided in subdivision (k), the limit line, the intersection, or a place designated in Section 21455, where a driver is required to stop, may be equipped with an automated traffic enforcement system if the governmental agency using the system meets all of the following requirements: -(1) Identifies the system by signs posted within 200 feet of an intersection where a system is operating that clearly indicate the system’s presence and are visible to traffic approaching from all directions in which the automated traffic enforcement system is being used to issue citations. A governmental agency using a system does not need to post signs visible to traffic approaching the intersection from directions not subject to the automated traffic enforcement system. Automated traffic enforcement systems installed as of January 1, 2013, shall be identified no later than January 1, 2014. -(2) Locates the system at an intersection and ensures that the system meets the criteria specified in Section 21455.7. -(b) Prior to issuing citations under this section, a local jurisdiction using an automated traffic enforcement system shall commence a program to issue only warning notices for 30 days. The local jurisdiction shall also make a public announcement of the automated traffic enforcement system at least 30 days prior to the commencement of the enforcement program. -(c) Only a governmental agency, in cooperation with a law enforcement agency, may operate an automated traffic enforcement system. A governmental agency that operates an automated traffic enforcement system shall do all of the following: -(1) Develop uniform guidelines for screening and issuing violations and for the processing and storage of confidential information. Establish procedures to ensure compliance with those guidelines. A governmental agency that operates an automated traffic enforcement system installed on or before January 1, 2013 shall establish those guidelines by January 1, 2014. -(2) Perform administrative functions and day-to-day functions, including, but not limited to, all of the following: -(A) Establishing guidelines for the selection of a location. Commencing January 1, 2013, before installing an automated traffic enforcement system the governmental agency shall make and adopt a finding of fact establishing that the system is needed at a specific location for reasons related to safety. -(B) Ensuring that the equipment is regularly inspected. -(C) Certifying that the equipment is properly installed and calibrated, and is operating properly. -(D) Regularly inspecting and maintaining warning signs placed pursuant to paragraph (1) of subdivision (a). -(E) Overseeing the establishment, change, and timing of signal phases. -(F) Maintaining controls necessary to ensure that only those citations that have been reviewed and approved by law enforcement are delivered to violators. -(d) The activities listed in subdivision (c) that relate to the operation of the system may be contracted out by the governmental agency, if it maintains overall control and supervision of the system. However, the activities listed in paragraph (1) of, and subparagraphs (A), (D), (E), and (F) of paragraph (2) of, subdivision (c) shall not be contracted out to the manufacturer or supplier of the automated traffic enforcement system. -(e) The printed representation of computer-generated information, video, or photographic images stored by an automated traffic enforcement system does not constitute an out-of-court hearsay statement by a declarant under Division 10 (commencing with Section 1200) of the Evidence Code. -(f) (1) Notwithstanding Section 6253 of the Government Code, or any other law, photographic records made by an automated traffic enforcement system shall be confidential, and shall be made available only to governmental agencies and law enforcement agencies and only for the purposes of this article. -(2) Confidential information obtained from the Department of Motor Vehicles for the administration or enforcement of this article shall be held confidential, and shall not be used for any other purpose. -(3) Except for court records described in Section 68152 of the Government Code, the confidential records and information described in paragraphs (1) and (2) may be retained for up to six months from the date the information was first obtained, or until final disposition of the citation, whichever date is later, after which time the information shall be destroyed in a manner that will preserve the confidentiality of any person included in the record or information. -(g) Notwithstanding subdivision (f), the registered owner or any individual identified by the registered owner as the driver of the vehicle at the time of the alleged violation shall be permitted to review the photographic evidence of the alleged violation. -(h) (1) A contract between a governmental agency and a manufacturer or supplier of automated traffic enforcement equipment shall not include a provision for the payment or compensation to the manufacturer or supplier based on the number of citations generated, or as a percentage of the revenue generated, as a result of the use of the equipment authorized under this section. -(2) Paragraph (1) does not apply to a contract that was entered into by a governmental agency and a manufacturer or supplier of automated traffic enforcement equipment before January 1, 2004, unless that contract is renewed, extended, or amended on or after January 1, 2004. -(3) A governmental agency that proposes to install or operate an automated traffic enforcement system shall not consider revenue generation, beyond recovering its actual costs of operating the system, as a factor when considering whether or not to install or operate a system within its local jurisdiction. -(i) A manufacturer or supplier that operates an automated traffic enforcement system pursuant to this section shall, in cooperation with the governmental agency, submit an annual report to the Judicial Council that includes, but is not limited to, all of the following information if this information is in the possession of, or readily available to, the manufacturer or supplier: -(1) The number of alleged violations captured by the systems they operate. -(2) The number of citations issued by a law enforcement agency based on information collected from the automated traffic enforcement system. -(3) For citations identified in paragraph (2), the number of violations that involved traveling straight through the intersection, turning right, and turning left. -(4) The number and percentage of citations that are dismissed by the court. -(5) The number of traffic collisions at each intersection that occurred prior to, and after the installation of, the automated traffic enforcement system. -(j) If a governmental agency using an automated traffic enforcement system has posted signs on or before January 1, 2013, that met the requirements of paragraph (1) of subdivision (a) of this section as it read on January 1, 2012, the governmental agency shall not remove those signs until signs are posted that meet the requirements specified in this section, as it reads on January 1, 2013. -(k) (1) Commencing January 1, 2016, a governmental agency shall not install an automated traffic enforcement system. -(2) A governmental agency that is operating an automated traffic enforcement system on January 1, 2016, may continue to operate the automated traffic enforcement system after that date only if the agency begins conducting, on or before February 28, 2016, a traffic safety study at each intersection where an automated traffic enforcement system is in use to determine whether the use of the system resulted in a -statistically significant -reduction in the number of traffic accidents -when the primary collision factor was a violation of subdivision (a) or (c) of Section 21453 -at that intersection. -The traffic study shall also determine whether rear-end collisions occurring within 100 feet of the intersection have increased. The methodology of the traffic safety study shall account for factors other than the automated traffic enforcement system that could have caused any reduction in red-light running, including, but not limited to, engineering countermeasures employed at the intersection, changes in traffic volume, effects of weather, collisions caused by impairment, statistical regression to the mean, and overall trends in red-light running collision rates. The study shall use, at a minimum, three years of data collected before the installation of the automated traffic enforcement system, and the entire period after installation, up to the date the study commences, if that data is available, and shall adjust for any differences between the two periods. -The traffic safety study shall be conducted according to standards consistent with the analysis of data approved by the federal National Highway Traffic Safety Administration for automated traffic enforcement systems. -All raw data used for, and referenced in, the study shall be clearly listed within the study to allow peer review. The study shall be completed on or before January 1, 2017. -(3) If the traffic safety study -shows -does not definitively show -that the use of an automated traffic enforcement system -did not reduce -reduced -the number of traffic accidents -caused by red-light running -that occurred at an intersection -equipped with an automated traffic enforcement system by a statistically significant number, or the study shows that there was an increase in rear-end collisions -, the governmental agency shall terminate the use of the system at that intersection no later than January 1, -2018. -2018, and no violation captured by the system after that date shall be used for prosecution. -(4) If the governmental agency uses an automated traffic enforcement system to cite motorists for right-turn violations, the agency shall, using the same criteria listed in paragraph (2), include in the study, an analysis of collisions caused by motorists’ failure to stop before turning right on a red light in violation of subdivision (a) or (c) of Section 21453. If the traffic safety study does not definitively show that the use of the automated traffic enforcement system reduced the number of traffic accidents caused by motorists’ failure to stop before turning right on a red light in violation of subdivision (a) or (c) of Section 21453 at an intersection equipped with an automated traffic enforcement system by a statistically significant number, the governmental agency shall terminate the use of the system to cite motorists for right turn violations at that intersection on or before January 1, 2018, and no violation captured by the system after that date shall be used for prosecution.","Existing law authorizes the limit line, intersection, or other places where a driver is required to stop to be equipped with an automated traffic enforcement system, as defined, if the system meets certain requirements. Existing law authorizes a governmental agency to contract out the operation of the system under certain circumstances, except for specified activities, that include, among other things, establishing guidelines for selection of the location of the system. -This bill would, beginning January 1, 2016, prohibit a governmental agency from installing an automated traffic enforcement system. The bill would authorize a governmental agency that is operating an automatic traffic enforcement system on that date to continue to do so after that date only if the agency begins conducting a traffic safety study on or before February 28, 2016, at each intersection where a system is in use to determine whether the use of the system resulted in a reduction in the number of traffic accidents -involving failing to stop at a red light or failing to stop at a red light when making a right turn -at that intersection. -The bill would require the traffic safety study to be completed on or before January 1, 2017. -The bill would require the governmental agency to terminate the use of an automated traffic enforcement system at an intersection no later than January 1, 2018, if the traffic safety study shows that the use of the system did not reduce the number of traffic accidents that occurred at that intersection -by a statistically significant number -.","An act to amend Section 21455.5 of the Vehicle Code, relating to vehicles." -737,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 7.5 (commencing with Section 8239.5) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: -Article 7.5. California Preschool Investment Pilot Program -8239.5. -The Legislature finds and declares that by providing an additional source of funding, the state can expand the number of preschool slots and the number of subsidies provided to help reduce the waitlist for parents seeking prekindergarten child care assistance. -8239.6. -For purposes of this article, the following terms have the following meanings: -(a) “Department” means the State Department of Education. -(b) “Fund” means the California Preschool Investment Fund. -(c) “Person” means an individual, partnership, corporation, limited liability company, association, or other group, however organized. -(d) “Program” means the five-county investor funded preschool pilot program. -8239.7. -(a) -No later than -On or before -June 1, 2016, a county may apply to the department for consideration of inclusion in the program. For purposes of this section, a county’s local child care and development planning council, established pursuant to Chapter 2.3 (commencing with Section 8499), shall be responsible for making the application authorized pursuant to this section. -(b) -No later than -On or before -September 1, 2016, the department shall determine, pursuant to subdivision (c), the five counties that shall be included in the program. When making this determination, the department shall ensure that urban, suburban, and rural counties are represented in the program. -(c) The department shall make the determination of which five counties shall be included in the program by giving priority to counties that meet any of the following factors: -(1) The length of the county’s waitlist of individuals seeking public child care assistance. -(2) The ability to increase the number of preschool slots available to children in the county. -(3) Whether the county received federal Race to the Top funds, authorized under the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), with favorable consideration going to the counties that received the funds. -8239.8. -(a) (1) The department may accept monetary contributions made by a person for funding the purposes of this article. The California Preschool Investment Fund is hereby created in the State Treasury to receive any monetary contributions made pursuant to this article. -(2) (A) The department shall establish a procedure for a person to make monetary contributions to the fund and for a person to obtain from the department a receipt that indicates the amount of monetary contributions made by that person. The receipt shall also contain, at minimum, the date the monetary contribution was made, the name of the person who made the contribution, the amount of the monetary contribution, and whether the person has or has not been allocated a tax credit pursuant to Section 17053.87 or 23687 of the Revenue and Taxation Code. -(B) Subject to the annual cap as provided in subdivision (f) of Sections 17053.87 and 23687 of the Revenue and Taxation Code, the department shall allocate credits to contributors on a first-come-first-served basis. -(C) The department shall notify the Franchise Tax Board of the credits allocated on at least a monthly basis, and the Franchise Tax Board and the department shall place this information on their respective Internet Web sites together with information as to the amount of remaining credits, at least every calendar quarter, including information as to whether the cap described in subdivision (f) of Sections 17053.87 and 23687 of the Revenue and Taxation Code may be reached by the end of the calendar quarter. -(3) Moneys in the fund shall be allocated as follows: -(A) First, moneys in the fund shall be transferred to the General Fund in an amount equal to the aggregate amount of certified credits allowed pursuant to Sections 17053.87 and 23687 of the Revenue and Taxation Code for the taxable year. -(B) Second, upon appropriation: -(i) To the Franchise Tax Board and the department for reimbursement of all administrative costs incurred by those agencies in connection with their duties under this article. -(ii) To the department for the purposes of this article, as provided in subdivision (b). -(b) The moneys appropriated to the department pursuant to clause (ii) of subparagraph (B) of paragraph (3) of subdivision (a) shall be used to fund the California state preschool programs, pursuant to Article 7 (commencing with 8235). The moneys shall only be used to support state preschools located in one of the five counties participating in the program. -8239.9. -A county selected to participate in the program pursuant to Section 8239.7 shall annually report to the department’s Early Education & Support Division. The report shall contain the county’s assessment of how the program is performing. -8239.10. -(a) This article shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -(b) Any moneys remaining in the fund as of January 1, 2021, shall be transferred to any other state fund identified by the department that provides funding for increased access to preschool programs for low-income children. -SEC. 2. -Section 41202 of the Education Code is amended to read: -41202. -The words and phrases set forth in subdivision (b) of Section 8 of Article XVI of the Constitution of the State of California shall have the following meanings: -(a) “Moneys to be applied by the State,” as used in subdivision (b) of Section 8 of Article XVI of the California Constitution, means appropriations from the General Fund that are made for allocation to school districts, as defined, or community college districts. An appropriation that is withheld, impounded, or made without provisions for its allocation to school districts or community college districts shall not be considered to be “moneys to be applied by the State.” -(b) (1) “General Fund revenues which may be appropriated pursuant to Article XIII B,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means General Fund revenues that are the proceeds of taxes as defined by subdivision (c) of Section 8 of Article XIII B of the California Constitution, including, for the 1986–87 fiscal year only, any revenues that are determined to be in excess of the appropriations limit established pursuant to Article XIII B of the California Constitution for the fiscal year in which they are received. General Fund revenues for a fiscal year to which paragraph (1) of subdivision (b) is being applied shall include, in that computation, only General Fund revenues for that fiscal year that are the proceeds of taxes, as defined in subdivision (c) of Section 8 of Article XIII B of the California Constitution, and shall not include prior fiscal year revenues. Commencing with the 1995–96 fiscal year, and each fiscal year thereafter, “General Fund revenues that are the proceeds of taxes,” as defined in subdivision (c) of Section 8 of Article XIII B of the California Constitution, includes any portion of the proceeds of taxes received from the state sales tax that are transferred to the counties pursuant to, and only if, legislation is enacted during the 1995–96 fiscal year the purpose of which is to realign children’s programs. The amount of the proceeds of taxes shall be computed for any fiscal year in a manner consistent with the manner in which the amount of the proceeds of taxes was computed by the Department of Finance for purposes of the Governor’s Budget for the Budget Act of 1986. -(2) (A) For purposes of calculating the moneys to be applied by the state, as used in subdivision (b) of Section 8 of Article XVI of the California Constitution, the “General Fund revenues that are the proceeds of taxes,” as defined in subdivision (c) of Section 8 of Article XIII   B of the California Constitution, shall include the total annual amount of credit claimed pursuant to Sections 17053.87 and 23687 of the Revenue and Taxation Code as though they were proceeds of taxes. -(B) This paragraph shall become inoperative on January 1, 2021. -(c) “General Fund revenues appropriated for school districts,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to school districts, as defined in Section 41302.5, regardless of whether those appropriations were made from the General Fund to the Superintendent, to the Controller, or to any other fund or state agency for the purpose of allocation to school districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (1) of subdivision (b) of Article XVI of the California Constitution, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations. -(d) “General Fund revenues appropriated for community college districts,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to community college districts, regardless of whether those appropriations were made from the General Fund to the Controller, to the Chancellor of the California Community Colleges, or to any other fund or state agency for the purpose of allocation to community college districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (1) of subdivision (b) of Article XVI of the California Constitution, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations. -(e) “Total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to school districts, as defined in Section 41302.5, and community college districts, regardless of whether those appropriations were made from the General Fund to the Controller, to the Superintendent, to the Chancellor of the California Community Colleges, or to any other fund or state agency for the purpose of allocation to school districts and community college districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations. -(f) “General Fund revenues appropriated for school districts and community college districts, respectively” and “moneys to be applied by the state for the support of school districts and community college districts,” as used in Section 8 of Article XVI of the California Constitution, shall include funds appropriated for part-day California state preschool programs under Article 7 (commencing with Section 8235) of Chapter 2 of Part 6 of Division 1 of Title 1, and the After School Education and Safety Program established pursuant to Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1, and shall not include any of the following: -(1) Any appropriation that is not made for allocation to a school district, as defined in Section 41302.5, or to a community college district, regardless of whether the appropriation is made for any purpose that may be considered to be for the benefit to a school district, as defined in Section 41302.5, or a community college district. This paragraph shall not be construed to exclude any funding appropriated for part-day California state preschool programs under Article 7 (commencing with Section 8235) of Chapter 2 of Part 6 of Division 1 of Title 1 or the After School Education and Safety Program established pursuant to Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1. -(2) Any appropriation made to the Teachers’ Retirement Fund or to the Public Employees’ Retirement Fund except those appropriations for reimbursable state mandates imposed on or before January 1, 1988. -(3) Any appropriation made to service any public debt approved by the voters of this state. -(4) With the exception of the programs identified in paragraph (1), commencing with the 2011–12 fiscal year, any funds appropriated for the Child Care and Development Services Act, pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1. -(g) “Allocated local proceeds of taxes,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means, for school districts as defined, those local revenues, except revenues identified pursuant to paragraph (5) of subdivision (j) of Section 42238.02, that are used to offset state aid for school districts in calculations performed pursuant to Sections 2575, 42238.02, and Chapter 7.2 (commencing with Section 56836) of Part 30. -(h) “Allocated local proceeds of taxes,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means, for community college districts, those local revenues that are used to offset state aid for community college districts. In no event shall the revenues or receipts derived from student fees be considered “allocated local proceeds of taxes.” -(i) For purposes of calculating the 4-percent entitlement pursuant to subdivision (a) of Section 8.5 of Article XVI of the California Constitution, “the total amount required pursuant to Section 8(b)” shall mean the General Fund aid required for schools pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution, and shall not include allocated local proceeds of taxes. -SEC. 3. -Section 17053.87 is added to the Revenue and Taxation Code, to read: -17053.87. -(a) For taxable years beginning on or after January 1, 2016, and before January 1, 2020, there shall be allowed as a credit against the “net tax,” as defined in Section 17039, an amount equal to 40 percent of the amount contributed by the taxpayer during the taxable year to the California Preschool Investment Fund, created by Section 8239.8 of the Education Code. -(b) A credit shall only be allowed if the taxpayer has received a receipt from the State Department of Education pursuant to Section 8239.8 of the Education Code that indicates that the taxpayer has made a contribution to the California Preschool Investment Fund and that a credit would be allowed under this section. The taxpayer shall provide the receipt upon request to the Franchise Tax Board. -(c) (1) In the case where the credit allowed by this section exceeds the “net tax,” the excess may be carried over to reduce the “net tax” in the following year, and succeeding four years if necessary, until the credit is exhausted. -(2) A deduction otherwise allowed under this part for any amount contributed by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed in subdivision (a). -(d) Credit under this section shall be allowed only for credits claimed on a timely filed original return of the taxpayer. -(e) (1) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. -(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. -(f) The aggregate amount of credit that may be allowed pursuant to this section and Section 23687 shall not exceed two hundred fifty million dollars ($250,000,000) for each calendar year. -(g) This section is repealed on December 1, 2020. -SEC. 4. -Section 23687 is added to the Revenue and Taxation Code, to read: -23687. -(a) For taxable years beginning on or after January 1, 2016, and before January 1, 2020, there shall be allowed as a credit against the “tax,” as defined in Section 23036, an amount equal to 40 percent of the amount contributed by the taxpayer during the taxable year to the California Preschool Investment Fund, created by Section 8239.8 of the Education Code. -(b) A credit shall only be allowed if the taxpayer has received a receipt from the State Department of Education pursuant to Section 8239.8 of the Education Code that indicates that the taxpayer has made a contribution to the California Preschool Investment Fund and that a credit would be allowed under this section. The taxpayer shall provide the receipt upon request to the Franchise Tax Board. -(c) (1) In the case where the credit allowed by this section exceeds the “tax,” the excess may be carried over to reduce the “tax” in the following year, and succeeding four years if necessary, until the credit is exhausted. -(2) A deduction otherwise allowed under this part for any amount contributed by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed in subdivision (a). -(d) Credit under this section shall be allowed only for credits claimed on a timely filed original return of the taxpayer. -(e) (1) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. -(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. -(f) The aggregate amount of credit that may be allowed pursuant to this section and Section 17053.87 shall not exceed two hundred fifty million dollars ($250,000,000) for each calendar year. -(g) This section is repealed on December 1, 2020.","Existing law, the Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age. Existing law requires the Superintendent to administer all California state preschool programs, including, but not limited to, part-day and full-day age and developmentally appropriate programs for 3- and 4-year-old children. -This bill would, until January 1, 2021, authorize the department, as part of a pilot program, to accept monetary contributions made to the California Preschool Investment Fund, which this bill would create, by a person for purposes of preschool education, as provided. The bill would require the money in the fund to be used to, among other things, fund state preschools part of the California state preschool program located in one of the 5 -participating counties, -counties participating in the pilot program, -as provided. The bill would require participating counties to report to the department’s Early Education & Support Division regarding the county’s assessment of how the pilot program is performing. The bill would require any moneys remaining in the fund after January 1, 2021, to be transferred to any other state fund identified by the department that provides funding for increased access to preschool programs for low-income children. -The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. -This bill, under both laws, for taxable years beginning on or after January 1, 2016, and before January 1, 2020, would allow a credit equal to 40% of the amount contributed by the taxpayer during the taxable year to the California Preschool Investment Fund, as provided. The bill would limit the aggregate amount of credit allowed under both laws to not exceed $250,000,000 and would require the State Department of Education to establish a procedure for a person to obtain from the department a receipt indicating specified information, including the amount of monetary contributions made, for purposes of the tax credits allowed under these provisions. -The -This -bill would, until January 1, 2021, require the total annual amount of credits claimed pursuant to these provisions to be treated as though they were proceeds of taxes for purposes of calculating the moneys to be applied by the state for the support of school districts and community college districts pursuant to a specified provision of the California Constitution.","An act to amend Section 41202 of, and to add and repeal Article 7.5 (commencing with Section 8239.5) of Chapter 2 of Part 6 of Division 1 of Title 1 of, the Education Code, and to add and repeal Sections 17053.87 and 23687 of the Revenue and Taxation Code, relating to preschool funding." -738,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 51225.1 of the Education Code is amended to read: -51225.1. -(a) Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, or a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, who transfers between schools any time after the completion of the pupil’s second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school. -(b) If the school district determines that the pupil in foster care, or the pupil who is a homeless child or youth, is reasonably able to complete the school district’s graduation requirements within the pupil’s fifth year of high school, the school district shall do all of the following: -(1) Inform the pupil of his or her option to remain in school for a fifth year to complete the school district’s graduation requirements. -(2) Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school district’s graduation requirements will affect the pupil’s ability to gain admission to a postsecondary educational institution. -(3) Provide information to the pupil about transfer opportunities available through the California Community Colleges. -(4) Permit the pupil to stay in school for a fifth year to complete the school district’s graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil. -(c) To determine whether a pupil in foster care, or a pupil who is a homeless child or youth, is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupil’s school enrollment may be used, whichever will qualify the pupil for the exemption. -(d) (1) (A) Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker, of the availability of the exemption and whether the pupil qualifies for an exemption. -(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section. -(2) (A) Within 30 calendar days of the date that a pupil who is a homeless child or youth may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption. -(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section. -(e) If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year in high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school. -(f) If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupil’s ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges. -(g) A pupil in foster care, or a pupil who is a homeless child or youth, who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements. -(h) If a pupil in foster care, or a pupil who is a homeless child or youth, is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption. -(i) If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption. -(j) (1) If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district. -(2) If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district. -(k) A school district shall not require or request a pupil in foster care, or a pupil who is a homeless child or youth, to transfer schools in order to qualify the pupil for an exemption pursuant to this section. -(l) (1) A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. -(2) A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires a school district, except as provided, to exempt a pupil in foster care, as defined, or a pupil who is a homeless child or youth, as defined, who transfers between schools any time after the completion of the pupil’s 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to certain statewide coursework requirements. Existing law requires the school district to notify specified individuals, including a pupil in foster care or a pupil who is a homeless child or youth, within 30 calendar days of the date that a pupil who may qualify for the exemption from local graduation requirements transfers into a school, of the availability of the exemption and whether the pupil qualifies for an exemption. -This bill would, if the school district fails to provide that notification, declare the effected pupil eligible for the exemption from local graduation requirements once notified, even if that notification is received after the termination of the court’s jurisdiction over the pupil or after the pupil is no longer a homeless child or youth, as applicable, if the pupil otherwise qualifies for the exemption. -Existing law requires, if a pupil in foster care is exempted from local graduation requirements, that the exemption continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district. -This bill would require, if a pupil who is a homeless child or youth is exempted from local graduation requirements, that the exemption continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district. -By requiring school districts to perform additional duties in complying with the exemption requirement, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 51225.1 of the Education Code, relating to pupils." -739,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 832.3 of the Penal Code is amended to read: -832.3. -(a) Except as provided in subdivision (e), any sheriff, undersheriff, or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a police department, who is first employed after January 1, 1975, shall successfully complete a course of training prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer, except while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. Each police chief, or any other person in charge of a local law enforcement agency, appointed on or after January 1, 1999, as a condition of continued employment, shall complete the course of training pursuant to this subdivision within two years of appointment. The training course for a sheriff, an undersheriff, and a deputy sheriff of a county, and a police chief and a police officer of a city or any other local law enforcement agency, shall be the same. -(b) For the purpose of ensuring competent peace officers and standardizing the training required in subdivision (a), the commission shall develop a testing program, including standardized tests that enable (1) comparisons between presenters of the training and (2) assessments of trainee achievement. The trainees’ test scores shall be used only for the purposes enumerated in this subdivision and those research purposes as shall be approved in advance by the commission. The commission shall take all steps necessary to maintain the confidentiality of the test scores, test items, scoring keys, and other examination data used in the testing program required by this subdivision. The commission shall determine the minimum passing score for each test and the conditions for retesting students who fail. Passing these tests shall be required for successful completion of the training required in subdivision (a). Presenters approved by the commission to provide the training required in subdivision (a) shall administer the standardized tests or, at the commission’s option, shall facilitate the commission’s administration of the standardized tests to all trainees. -(c) Notwithstanding subdivision (c) of Section 84500 of the Education Code and any regulations adopted pursuant thereto, community colleges may give preference in enrollment to employed law enforcement trainees who shall complete training as prescribed by this section. At least 15 percent of each presentation shall consist of nonlaw enforcement trainees if they are available. Preference should only be given when the trainee could not complete the course within the time required by statute, and only when no other training program is reasonably available. Average daily attendance for these courses shall be reported for state aid. -(d) Prior to July 1, 1987, the commission shall make a report to the Legislature on academy proficiency testing scores. This report shall include an evaluation of the correlation between academy proficiency test scores and performance as a peace officer. -(e) (1) Any deputy sheriff described in subdivision (c) of Section 830.1 shall be exempt from the training requirements specified in subdivisions (a) and (b) as long as his or her assignments remain custodial related. -(2) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the training for peace officers pursuant to subdivision (a) of Section 832, and within 120 days after the date of employment, shall complete the training required by the Board of State and Community Corrections for custodial personnel pursuant to Section 6035, and the training required for custodial personnel of local detention facilities pursuant to Division 1 (commencing with Section 100) of Title 15 of the California Code of Regulations. -(3) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the course of training pursuant to subdivision (a) prior to being reassigned from custodial assignments to duties with responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. A deputy sheriff who has completed the course of training pursuant to subdivision (a) and has been hired as a deputy sheriff described in subdivision (c) of Section 830.1 shall be eligible to be reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state within three years of completing the training pursuant to subdivision (a). A deputy sheriff shall be eligible for reassignment within five years of having completed the training pursuant to subdivision (a) without having to complete a requalification for the regular basic course provided that all of the following are satisfied: -(A) The deputy sheriff remains continuously employed by the same department in which the deputy sheriff is being reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. -(B) The deputy sheriff maintains the perishable skills training required by the commission for peace officers assigned to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. -(f) Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete a basic course of training as prescribed by subdivision (a) before exercising the powers of a peace officer. A school police officer shall not be subject to this subdivision while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. -(g) The commission shall prepare a specialized course of instruction for the training of school peace officers, as defined in Section 830.32, to meet the unique safety needs of a school environment. This course is intended to supplement any other training requirements. -(h) Any school peace officer first employed by a K–12 public school district or California Community College district before July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) no later than July 1, 2002. Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) within two years of the date of first employment. -(i) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. -SEC. 2. -Section 832.3 is added to the Penal Code, to read: -832.3. -(a) Except as provided in subdivision (e), any sheriff, undersheriff, or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a police department, who is first employed after January 1, 1975, shall successfully complete a course of training prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer, except while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. Each police chief, or any other person in charge of a local law enforcement agency, appointed on or after January 1, 1999, as a condition of continued employment, shall complete the course of training pursuant to this subdivision within two years of appointment. The training course for a sheriff, an undersheriff, and a deputy sheriff of a county, and a police chief and a police officer of a city or any other local law enforcement agency, shall be the same. -(b) For the purpose of ensuring competent peace officers and standardizing the training required in subdivision (a), the commission shall develop a testing program, including standardized tests that enable (1) comparisons between presenters of the training and (2) assessments of trainee achievement. The trainees’ test scores shall be used only for the purposes enumerated in this subdivision and those research purposes as shall be approved in advance by the commission. The commission shall take all steps necessary to maintain the confidentiality of the test scores, test items, scoring keys, and other examination data used in the testing program required by this subdivision. The commission shall determine the minimum passing score for each test and the conditions for retesting students who fail. Passing these tests shall be required for successful completion of the training required in subdivision (a). Presenters approved by the commission to provide the training required in subdivision (a) shall administer the standardized tests or, at the commission’s option, shall facilitate the commission’s administration of the standardized tests to all trainees. -(c) Notwithstanding subdivision (c) of Section 84500 of the Education Code and any regulations adopted pursuant thereto, community colleges may give preference in enrollment to employed law enforcement trainees who shall complete training as prescribed by this section. At least 15 percent of each presentation shall consist of nonlaw enforcement trainees if they are available. Preference should only be given when the trainee could not complete the course within the time required by statute, and only when no other training program is reasonably available. Average daily attendance for these courses shall be reported for state aid. -(d) Prior to July 1, 1987, the commission shall make a report to the Legislature on academy proficiency testing scores. This report shall include an evaluation of the correlation between academy proficiency test scores and performance as a peace officer. -(e) (1) Any deputy sheriff described in subdivision (c) of Section 830.1 shall be exempt from the training requirements specified in subdivisions (a) and (b) as long as his or her assignments remain custodial related. -(2) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the training for peace officers pursuant to subdivision (a) of Section 832, and within 120 days after the date of employment, shall complete the training required by the Board of State and Community Corrections for custodial personnel pursuant to Section 6035, and the training required for custodial personnel of local detention facilities pursuant to Division 1 (commencing with Section 100) of Title 15 of the California Code of Regulations. -(3) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the course of training pursuant to subdivision (a) prior to being reassigned from custodial assignments to duties with responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. -(f) Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete a basic course of training as prescribed by subdivision (a) before exercising the powers of a peace officer. A school police officer shall not be subject to this subdivision while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. -(g) The commission shall prepare a specialized course of instruction for the training of school peace officers, as defined in Section 830.32, to meet the unique safety needs of a school environment. This course is intended to supplement any other training requirements. -(h) Any school peace officer first employed by a K–12 public school district or California Community College district before July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) no later than July 1, 2002. Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) within two years of the date of first employment. -(i) This section shall become operative January 1, 2019.","Existing law requires peace officers to complete a basic training course prescribed by the Commission on Peace Officer Standards and Training and to pass an examination developed by the commission. Existing law generally requires a person who does not become employed as a peace officer within 3 years of passing the examination, or who has a 3-year or longer break in service, to pass the examination before exercising the powers of a peace officer. -Under existing law, in certain counties, any deputy sheriff, who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her employment and for the purpose of carrying out the primary functions of employment relating to his or her custodial assignments, or when performing other law enforcement duties directed by his or her employing agency during a local state of emergency. -This bill would, until January 1, 2019, exempt a custodial peace officer within the class specified above who is appointed as a peace officer performing police functions from the requirement to retake the examination if he or she has been continuously employed as a custodial peace officer of that class for a period not exceeding 5 years by the agency making the appointment and maintains specified skills during that period.","An act to amend, repeal, and add Section 832.3 of the Penal Code, relating to peace officers." -740,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 6.7 (commencing with Section 6970) is added to Part 1 of Division 2 of the Public Contract Code, to read: -CHAPTER 6.7. Construction Manager/General Contractor Method: Regional Projects on Expressways -6970. -(a) This chapter provides for an alternative procurement procedure for certain transportation projects performed by a regional transportation agency. -(b) The Construction Manager/General Contractor method allows the regional transportation agency to engage a construction manager during the design process to provide input on the design. During the design phase, the construction manager provides advice including, but not limited to, scheduling, pricing, and phasing to assist the agency to design a more constructible project. -(c) The Legislature finds and declares that utilizing a Construction Manager/General Contractor method requires a clear understanding of the roles and responsibilities of each participant in the process. The Legislature also finds and declares that cost-effective benefits are achieved by shifting the liability and risk for cost containment and project schedule to the construction manager and by permitting the coherent phasing of projects into discrete contract increments. -6971. -For purposes of this chapter, the following definitions apply: -(a) “Construction manager” means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting and engineering services as needed pursuant to a Construction Manager/General Contractor method contract. -(b) “Construction Manager/General Contractor method” means a project delivery method in which a construction manager is procured to provide preconstruction services during the design phase of the project and construction services during the construction phase of the project. The contract for construction services may be entered into at the same time as the contract for preconstruction services, or at a later time. The execution of the design and the construction of the project may be in sequential phases or concurrent phases. -(c) “Preconstruction services” means advice during the design phase, including, but not limited to, scheduling, pricing, and phasing to assist the regional transportation agency to design a more constructible project. -(d) “Project” means the construction of an expressway that is not on the state highway system. -(e) “Regional transportation agency” means any of the following: -(1) A transportation planning agency described in Section 29532 or 29532.1 of the Government Code. -(2) A county transportation commission established under Section 130050, 130050.1, or 130050.2 of the Public Utilities Code. -(3) Any other local or regional transportation entity that is designated by statute as a regional transportation agency. -(4) A joint exercise of powers authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, with the consent of a transportation planning agency or a county transportation commission for the jurisdiction in which the transportation project will be developed. -(5) A local transportation authority created or designated pursuant to Division 12.5 (commencing with Section 131000) or Division 19 (commencing with Section 180000) of the Public Utilities Code. -(6) The Santa Clara Valley Transportation Authority established pursuant to Part 12 (commencing with Section 100000) of Division 10 of the Public Utilities Code. -6972. -(a) A regional transportation agency may utilize the Construction Manager/General Contractor method of procurement to design and construct projects if the projects are developed in accordance with an expenditure plan approved by voters. -(b) A regional transportation agency may enter into a Construction Manager/General Contractor contract pursuant to this chapter after evaluation of the traditional design-bid-build method of construction and of the Construction Manager/General Contractor method and the board of the regional transportation agency affirmatively adopts the procurement strategy in a public meeting. -(c) The entity responsible for the maintenance of the local streets and roads within the jurisdiction of the expressway shall be responsible for the maintenance of the expressway. -6973. -Construction Manager/General Contractor method projects authorized pursuant to Section 6972 shall be governed by the same process, procedures, and requirements as set forth in Section 6703, subdivision (a) of Section 6704, and Sections 6705 to 6708, inclusive, except that any reference to “department” shall mean the regional transportation agency. -6974. -(a) Upon completion of a project using the Construction Manager/General Contractor method, the regional transportation agency shall prepare a progress report to its governing body. The progress report shall include, but not be limited to, all of the following information: -(1) A description of the project. -(2) The name of the entity that was awarded the project. -(3) The estimated and actual costs of the project. -(4) The estimated and actual schedule for project completion. -(5) A description of any written protests concerning any aspect of the solicitation, bid, proposal, or award of the project, including, but not limited to, the resolution of the protests. -(6) An assessment of the prequalification process and criteria required by this chapter. -(7) A description of the method used to evaluate the bid or proposal, including the weighting of each factor and an assessment of the impact of this requirement on a project. -(8) A description of any challenges or unexpected problems that arose during the construction of the project and a description of the solutions that were considered and ultimately implemented to address those challenges and problems. -(9) Recommendations to improve the Construction Manager/General Contractor method authorized by this chapter. -(b) The progress report shall be made available on the regional transportation agency’s Internet Web site. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally sets forth the requirements for the solicitation and evaluation of bids and the awarding of contracts by local agencies for public works contracts. Existing law authorizes the Department of Transportation, the Santa Clara County Valley Transportation Authority, and the San Diego Association of Governments to use the Construction Manager/General Contractor project delivery method for transit projects within their respective jurisdictions, subject to certain conditions and requirements. -This bill would authorize regional transportation agencies, as defined, to use the Construction Manager/General Contractor project delivery method, as specified, to design and construct certain expressways that are not on the state highway system if: (1) the expressways are developed in accordance with an expenditure plan approved by voters, (2) there is an evaluation of the traditional design-bid-build method of construction and of the Construction Manager/General Contractor method, and (3) the board of the regional transportation agency adopts the method in a public meeting. The bill would require the regional transportation agency to provide a report, containing specified information, to its governing body upon completion of a project using the Construction Manager/General Contractor method. The bill would require specified information provided to a regional transportation agency to be verified under oath. By expanding the scope of the existing crime of perjury, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Chapter 6.7 (commencing with Section 6970) to Part 1 of Division 2 of the Public Contract Code, relating to public contracts." -741,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 3.9 (commencing with Section 8574.50) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read: -Article 3.9. California Cyber Security -8574.50. -(a) There is hereby continued in existence the California Cyber Security Task Force, created in 2013 by the Governor’s Office of Emergency Services and the Department of Technology, in the Governor’s Office of Emergency Services. -(b) The California Cyber Security Task Force shall consist of the following members: -(1) The Director of Emergency Services, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Office of Emergency Services’ information technology and information security duties. -(2) The Director of the Department of Technology, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the director’s information technology and information security duties set forth in Chapter 5.6 (commencing with Section 11545). -(3) The Attorney General, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Department of Justice’s information technology and information security. -(4) The Adjutant General of the Military Department, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Military Department’s information technology and information security. -(5) The Commissioner of the California Highway Patrol, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Department of the California Highway Patrol’s information technology and information security. -(6) A representative of the Public Utilities Commission or California Energy Commission with knowledge, expertise, and decisionmaking authority with respect to information technology and information security, who shall be appointed by the Governor. -(7) A representative from the utility or energy industry, who shall be appointed by the Governor. -(8) A representative from law enforcement, who shall be appointed by the Governor. -(9) Three individuals with cyber security expertise, who shall be appointed, one each, by the Governor, the Senate Rules Committee, and the Speaker of the Assembly. -(c) The California Cyber Security Task Force may convene stakeholders, both public and private, to act in an advisory capacity and compile policy recommendations on cyber security for the State of California. The California Cyber Security Task Force shall complete and issue a report of policy recommendations to the Governor’s office and the Legislature on an annual basis. The report shall be completed in compliance with Section 9795. -(d) The California Cyber Security Task Force shall meet quarterly, or more often as necessitated by emergency circumstances, within existing resources to ensure that the policy recommendations from the report are implemented and any necessary modifications that may arise are addressed in a timely manner. -(e) The Governor’s Office of Emergency Services and the Department of Technology may conduct the strategic direction of risk assessments performed by the Military Department’s Computer Network Defense Team as budgeted in Item 8940-001-0001 of the Budget Act of 2014. -8574.51. -There is within the Governor’s Office of Emergency Services a State Director of Cyber Security, appointed by the Governor and -confirmed by the Senate, -subject to Senate confirmation, -who shall do all of the following: -(a) Be the Executive Director of the California Cyber Security Task Force. -(b) Provide strategic direction of risk assessments performed with state resources. -(c) Complete a risk profile of state assets and capabilities for the purpose of compiling statewide contingency plans including, but not limited to, Emergency Function 18 of the State Emergency Plan. -(d) Act as point of contact to the federal government and private entities within the state in the event of a relevant emergency as declared by the Governor. -(e) Be an adviser to the Governor’s Office of Emergency Services and the Department of Technology on cyber security. -8574.52. -The Cyber Security Task Force shall perform the following functions based on the following priorities: -(a) Develop within state government cyber prevention, defense, and response strategies and define a hierarchy of command within the state for this purpose. This duty includes, but is not limited to, the following activities: -(1) Ensuring the continual performance of risk assessments on state information technology systems. The assessments shall include penetration tests, vulnerability scans, and other industry-standard methods that identify potential risk. -(2) Using assessment results and other state-level data to create a risk profile of public assets, critical infrastructure, public networks, and private operations susceptible to cyber-attacks. The risk profile shall include the development of statewide contingency plans including, but not limited to, Emergency Function 18 of the State Emergency Plan. -(b) Partner with the United States Department of Homeland Security to develop an appropriate information sharing system that allows for a controlled and secure process to effectively disseminate cyber threat and response information and data to relevant private and public sector entities. This information sharing system shall reflect state priorities and target identified threat and capability gaps. -(c) Provide recommendations for information technology security standards for all state agencies using, among other things, protocols established by the National Institute for Standards and Technology and reflective of appropriate state priorities. -(d) Compile and integrate, as appropriate, the research conducted by academic institutions, federal laboratories, and other cyber security experts into state operations and functions. -(e) Expand the state’s public-private cyber security partnership network. -(f) Expand collaboration with the state’s law enforcement apparatus assigned jurisdiction to prevent, deter, investigate, and prosecute cyber attacks and information technology crime, including collaboration with entities like the High-Tech Theft Apprehension Program, and its five regional task forces, the Department of the California Highway Patrol, and the Attorney General’s eCrimes unit. Collaboration shall include information sharing that will enhance their capabilities including assistance to better align their activities with federal and local resources, provide additional resources, and extend their efforts into regions of the state not currently represented. -(g) Propose, where appropriate, potential operational or functional enhancement to the state’s cyber security assessment and response capabilities, as well as investment or spending recommendation and guidance for the state’s information technology budget and procurement. -8574.53. -The California Cyber Security Task Force shall take all necessary steps to protect personal information and privacy, public and private sector data, and the constitutional rights and liberties of individuals, when implementing its duties. -8574.54. -(a) The California Cyber Security Task Force may issue reports, in addition to the report described in subdivision (c) of Section 8574.51, to the Governor’s office and the Legislature detailing the activities of the task force, including, but not limited to, progress on the California Cyber Security Task Force’s various tasks and actions taken and recommended in response to an incident, as appropriate. -(b) The reports shall be submitted in compliance with Section 9795. -8574.55. -The California Cyber Security Task Force may engage or accept the services of agency or department personnel, accept the services of stakeholder organizations, and accept federal, private, or other nonstate funding, to operate, manage, or conduct the business of the California Cyber Security Task Force. -8574.56. -Each department and agency shall cooperate with the California Cyber Security Task Force and furnish it with information and assistance that is necessary or useful to further the purposes of this article. -8574.57. -This article shall become inoperative on January 1, 2020, and shall be repealed as of that date.","Existing law establishes various advisory boards and commissions in state government with specified duties and responsibilities. Existing law establishes in state government the Governor’s Office of Emergency Services and the Department of Technology. -This bill would continue in existence the California Cyber Security Task Force, consisting of specified members, previously created by the Governor’s Office of Emergency Services and the Department of Technology, in the Governor’s Office of Emergency Services. -This -The -bill would authorize the task force to convene stakeholders to act in an advisory capacity and compile policy recommendations on cyber security for the state. The bill would require the task force to meet quarterly, or more often as necessitated by emergency circumstances. -This -The -bill would require the task force to complete and issue a report of policy recommendations to the Governor’s office and the Legislature. -This -The -bill would also require the task force to perform specified functions relating to cyber security. -This -The -bill would create a State Director of Cyber Security with specified duties within the Governor’s Office of Emergency Services. -This -The -bill would repeal these provisions on January 1, 2020.","An act to add and repeal Article 3.9 (commencing with Section 8574.50) of Chapter 7 of Division 1 of Title 2 of the Government Code, relating to cyber security." -742,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 9873 of the Business and Professions Code, as amended by Section 19 of Chapter 428 of the Statutes of 2014, is amended to read: -9873. -The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule: -(a) (1) The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a service contractor is not more than ninety-five dollars ($95) for each place of business in this state. -(2) The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405) for each place of business in this state. The initial registration fee for a person who is a service contractor and engages in business as either an electronic repair industry service dealer or an appliance repair industry service dealer is not more than three hundred dollars ($300) for each place of business in this state. -(3) The initial registration fee for a person who engages in both the electronic repair industry and the appliance repair industry as a service dealer and is a service contractor is not more than five hundred dollars ($500) for each place of business in this state. -(4) A service dealer or service contractor who does not operate a place of business in this state, but engages in the electronic repair industry, the appliance repair industry, or sells, issues, or administers service contracts in this state shall pay the registration fee specified herein as if he or she had a place of business in this state. -(b) (1) The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual registration renewal fee for a service contractor is ninety-five dollars ($95) for each place of business in this state, if renewed prior to its expiration date. -(2) The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400) for each place of business in this state. -(3) The annual renewal fee for a service dealer who engages in the electronic repair industry and the appliance repair industry and is a service contractor is not more than four hundred seventy-five dollars ($475) for each place of business in this state. -(4) A service dealer or service contractor who does not operate a place of business in this state, but who engages in the electronic repair industry, the appliance repair industry, or sells or issues service contracts in this state shall pay the registration fee specified herein as if he or she had a place of business in this state. -(c) The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5. -(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2019, deletes or extends that date. -(e) Notwithstanding any other law, the director shall not adopt any regulation to increase any fee provided for in this section before January 1, 2017. -SEC. 2. -Section 9873 of the Business and Professions Code, as amended by Section 20 of Chapter 428 of the Statutes of 2014, is amended to read: -9873. -The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule: -(a) The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405). -(b) The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400). -(c) The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5. -(d) This section shall become operative on January 1, 2019. -SEC. 3. -Section 19170 of the Business and Professions Code is amended to read: -19170. -(a) The fee imposed for the issuance and for the biennial renewal of each license granted under this chapter shall be set by the chief, with the approval of the director, at a sum not more nor less than that shown in the following table: -Maximum -fee -Minimum -fee -Importer’s license ........................ -$940 -$120 -Furniture and bedding manufacturer’s -license ........................ -940 -120 -Wholesale furniture and bedding -dealer’s license ........................ -675 -120 -Supply dealer’s license ........................ -675 -120 -Custom upholsterer’s license ........................ -450 -80 -Sanitizer’s license ........................ -450 -80 -Retail furniture and bedding dealer’s license ........................ -300 -40 -Retail furniture dealer’s license ........................ -150 -20 -Retail bedding dealer’s license ........................ -150 -20 -(b) Individuals who, in their own homes and without the employment of any other person, make, sell, advertise, or contract to make pillows, quilts, quilted pads, or comforters are exempt from the fee requirements imposed by subdivision (a). However, these individuals shall comply with all other provisions of this chapter. -(c) Retailers who only sell “used” and “antique” furniture as defined in Sections 19008.1 and 19008.2 are exempt from the fee requirements imposed by subdivision (a). Those retailers are also exempt from the other provisions of this chapter. -(d) A person who makes, sells, or advertises upholstered furniture and bedding as defined in Sections 19006 and 19007, and who also makes, sells, or advertises furniture used exclusively for the purpose of physical fitness and exercise, shall comply with the fee requirements imposed by subdivision (a). -(e) A person who has paid the required fee and who is licensed either as an upholstered furniture and bedding manufacturer or a custom upholsterer under this chapter shall not be required to additionally pay the fee for a sanitizer’s license.","Existing law, the Electronic Appliance Repair Dealer Registration Law and the Home Furnishings and Thermal Insulation Act, provides for the licensure and regulation of, among others, electronic appliance and repair dealers, upholstered furniture and bedding retailers, and upholstered furniture and bedding wholesalers by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation and makes a failure to comply with its provisions a crime. Existing law establishes the bureau under the supervision and control of the Director of Consumer Affairs. Existing law requires the director to administer and enforce those provisions relating to the licensure and regulation of electronic and appliance repair service dealers and persons engaged in various businesses associated with home furnishings. Existing law also requires the director to set certain fees by regulation. -Existing law establishes the maximum amount for the initial registration fee for each place of business in the state of an electronic repair industry service dealer, an appliance repair industry service dealer, a service contractor, a person who is engaged in business as both an electronic repair industry service dealer and appliance repair industry service dealer, a service contractor who is engaged in business as either an electronic repair industry service dealer or an appliance industry service dealer, and a service contractor who engages in both the electronic repair industry and the appliance repair industry as a service dealer. Existing law requires a service dealer or service contractor who does not operate a place of business in the state, but engages in at least some of these activities in the state to pay these fees as if he or she had a place of business in the state. -This bill would increase the maximum amounts of the initial registration fees for each of the above described persons, as specified, but would prohibit the director from adopting regulations to increase these fees before January 1, 2017. -Existing law also establishes, among other things, the maximum amount for the annual registration renewal fee for each place of business for an electronic repair industry service dealer, an appliance repair industry dealer, a service contractor, and a service dealer who is engaged in business as both an electronic repair industry service dealer and an appliance repair industry service dealer. -This bill would increase the maximum amount for each of these annual registration renewal fees, as specified, but would prohibit the director from adopting regulations to increase these fees before January 1, 2017. -Existing law also requires the chief of the bureau, with the approval of the director, to set, within specified maximum and minimum amounts, the license issuance and biennial renewal fees for an importer, furniture and bedding manufacturer, wholesale furniture and bedding dealer, supply dealer, custom upholsterer, sanitizer, retail furniture and bedding dealer, retail furniture dealer, and retail bedding dealer. -This bill would increase the maximum amount for each of these issuance and biennial renewal fees, as specified.","An act to amend Sections 9873 and 19170 of the Business and Professions Code, relating to consumer affairs." -743,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) In submitting this act to the electors, the Legislature finds and declares all of the following: -(1) The theft of firearms and receipt of stolen firearms pose dangers to public safety that are different in kind from other types of theft or the receipt of other types of stolen property. -(2) Many handguns have a value of less than nine hundred fifty dollars ($950). The threat to public safety in regard to stolen firearms goes above and beyond the monetary value of the firearm. -(3) Given the significant and particular threat to public safety in regard to stolen firearms, it is appropriate to restore the penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act in regard to stolen firearms. -(b) It is not the intent of the Legislature in submitting this act to the electors to undermine the voter’s decision to decrease penalties for low-level theft and receiving stolen property, only to give the voters the opportunity to decide whether firearm thefts and the receipt of stolen firearms should be subject to the penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act. -SEC. 2. -Section 490.2 of the Penal Code is amended to read: -490.2. -(a) Notwithstanding Section 487 or any other law defining grand theft, except as provided in subdivision (c), obtaining property by theft where the value of the money, labor, real property, or personal property taken does not exceed nine hundred fifty dollars ($950) is petty theft and shall be punished as a misdemeanor, except that the person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. -(b) This section does not apply to a theft that may be charged as an infraction pursuant to any other law. -(c) If the property taken is a firearm, the theft is grand theft in all cases, as specified in paragraph (2) of subdivision (d) of Section 487, and is punishable pursuant to subdivision (a) of Section 489. -SEC. 3. -Section 496 of the Penal Code is amended to read: -496. -(a) (1) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, except as provided in subdivision (e), if the value of the property does not exceed nine hundred fifty dollars ($950), the offense is a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if the person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. -(2) A principal in the actual theft of the property may be convicted pursuant to this section. However, a person may not be convicted both pursuant to this section and of the theft of the same property. -(b) (1) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. -(2) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor. -(c) A person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney’s fees. -(d) Notwithstanding Section 664, an attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170. -(e) Notwithstanding subdivision (a), a person who buys or receives a firearm that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding a firearm from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. -SEC. 4. -Section 29805 of the Penal Code is amended to read: -29805. -Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, paragraph (1) of subdivision (a) of Section 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 490.2 if the property taken was a firearm, 496 if the property consists of a firearm, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 6. -(a) Sections 2 and 3 of this act amend the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute, and shall become effective only when submitted to and approved by the voters at a statewide election. -(b) A special election is hereby called, to be held throughout the state on November 8, 2016, for approval by the voters of Sections 2 and 3 of this act. The special election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election, and only one form of ballot shall be used. -(c) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit Sections 2 and 3 of this act to the voters for their approval at the November 8, 2016, statewide general election. -SEC. 7. -This act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.","(1) The existing Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions. -The California Constitution authorizes the Legislature to amend an initiative statute by another statute that becomes effective only when approved by the electors. -This bill would amend that initiative statute by making the theft of a firearm grand theft in all cases and punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. -(2) Under existing law, a person who buys or receives property that has been stolen, knowing the property to be stolen, or who conceals, sells, withholds, or aids in concealing, selling, or withholding property from the owner, knowing the property to be stolen, is guilty of a misdemeanor or a felony, except that if the value of the property does not exceed $950, Proposition 47 makes the offense punishable as a misdemeanor if the defendant has not previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender. -This bill would amend that initiative statute by making the buying or receiving of a stolen firearm, with knowledge that the property was stolen, or the concealing, selling, withholding, or aiding in concealing, selling, or withholding of a firearm, with knowledge that the property was stolen, a misdemeanor or a felony. -(3) Existing law generally prohibits a person who has been convicted of certain misdemeanors from possessing a firearm within 10 years of the conviction. Under existing law, a violation of this prohibition is a crime, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding $1,000, or by both that imprisonment and fine. -This bill would add to the list of misdemeanors, the conviction for which is subject to the above prohibition on possessing a firearm within 10 years of the conviction, the petty theft of a firearm and the buying, receiving, concealing, selling, withholding, or aiding in concealing, selling, or withholding, of stolen property consisting of a firearm, as specified. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -(4) This bill would call a special election to be consolidated with the November 8, 2016, statewide general election. This bill would require the Secretary of State to submit the provisions of the bill that amend the initiative statute, as described in (1) and (2) above, to the electors for their approval at the November 8, 2016, consolidated election. -This bill would declare that it is to take effect immediately as an act calling an election.","An act to amend Sections 490.2, 496, and 29805 of the Penal Code, relating to theft, and calling an election, to take effect immediately." -744,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 3.3 (commencing with Section 20119) is added to Chapter 1 of Part 3 of Division 2 of the Public Contract Code, to read: -Article 3.3. Los Angeles Unified School District — Best Value Procurement -20119. -(a) It is the intent of the Legislature to enable school districts to use cost-effective options for building and modernizing school facilities. The Legislature has recognized the merits of the best value procurement method process in the past by authorizing its use for projects undertaken by the University of California. -(b) The Legislature also finds and declares that school districts using the best value procurement method require a clear understanding of the roles and responsibilities of each participant in the best value process. As reflected in the University of California report to the Legislature, the benefits of a best value procurement method include a reduction in contract delays, change orders, and claims producing a savings in both contract costs and administration. -(c) It is the intent of the Legislature to provide an optional, alternative procedure for bidding and building school construction projects. -20119.1. -As used in this article: -(a) “Apprenticeable occupation” means an occupation for which the Chief of the Division of Apprenticeship Standards had approved an apprenticeship program pursuant to Section 3075 of the Labor Code prior to January 1, 2015. -(b) “Best value” means a procurement process whereby the selected bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications. -(c) “Best value contract” means a competitively bid contract entered into pursuant to this article. -(d) “Best value contractor” means a properly licensed person, firm, or corporation that submits a bid for and is awarded a best value contract. -(e) “Best value score” means the resulting score when the school district divides the bidder’s price by the bidder’s qualification score. -(f) “Demonstrated management competency” means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity. -(g) “Financial condition” means the financial resources needed to perform the contract. The criteria used to evaluate a bidder’s financial condition shall include, at a minimum, capacity to obtain all required payment bonds and required insurance. -(h) “Governing board” or “governing board of the school district” means the governing board of the Los Angeles Unified School District. -(i) “Labor compliance” means the ability to comply with, and past conformance with, contract and statutory requirements for the payment of wages and qualifications of the workforce. The criteria used to evaluate a bidder’s labor compliance shall include, at a minimum, the bidder’s ability to comply with the apprenticeship requirements of the California Apprenticeship Council and the Department of Industrial Relations, its past conformance with such requirements, and its past conformance with requirements to pay prevailing wages on public works projects. -(j) “Project” has the same meaning as “public project” as defined in subdivision (c) of Section 22002. -(k) “Qualifications” means financial condition, relevant experience, demonstrated management competency, labor compliance, the safety record of the bidder, and, to the extent relevant, the preceding qualifications as they pertain to all subcontractors proposed to be used by the bidder for designated portions of the work. -(l) “Relevant experience” means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity. -(m) “Safety record” shall be deemed “acceptable” if a contractor’s experience modification rate for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period do not exceed the applicable statistical standards for its business category or if the bidder is a party to an alternative dispute resolution system as provided for in Section 3201.5 of the Labor Code. -(n) “School district” means the Los Angeles Unified School District. -(o) “Skilled and trained workforce” means a workforce that meets all of the following conditions: -(1) All the workers are either skilled journeypersons or apprentices registered in an apprenticeship program approved by the Chief of the Division of Apprenticeship Standards. -(2) (A) As of January 1, 2016, at least 20 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. -(B) As of January 1, 2017, at least 30 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. -(C) As of January 1, 2018, at least 40 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. -(D) As of January 1, 2019, at least 50 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. -(E) As of January 1, 2020, at least 60 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. -(3) For an apprenticeable occupation in which no apprenticeship program had been approved by the chief prior to January 1, 1995, up to one-half of the graduation percentage requirements of paragraph (2) may be satisfied by skilled journeypersons who commenced working in the apprenticeable occupation prior to the chief’s approval of an apprenticeship program for that occupation in the county in which the project is located. -(p) “Skilled journeyperson” means a worker who either: -(1) Graduated from an apprenticeship program for the applicable occupation that was approved by the chief or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. -(2) Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief. -20119.2. -(a) This article provides for a pilot program for the Los Angeles Unified School District to use best value procurement for projects over one million dollars ($1,000,000). -(b) The governing board, for projects over one million dollars ($1,000,000), before December 31, 2020, may use the best value procurement method in accordance with this article. -(c) The bidder may be selected on the basis of the best value to the governing board of the school district. In order to implement this method of selection, the governing board of the school district shall adopt and publish procedures and required guidelines for evaluating the qualifications of the bidders that ensure the best value selections by the school district are conducted in a fair and impartial manner. These procedures and guidelines shall conform to this article and shall be mandatory for the school district when using best value selection. -(d) If the governing board of the school district deems it to be for the best interest of the school district, the governing board of the school district, on the refusal or failure of the selected bidder for a project to execute a tendered contract, may award it to the bidder with the second lowest best value score. If the second bidder fails or refuses to execute the contract, the governing board of the school district may likewise award it to the bidder with the third lowest best value score. -(e) The governing board of the school district shall let any contract for a project pursuant to this article to the selected bidder that represents the best value or else reject all bids. -(f) (1) If the school district elects to award a project pursuant to this section, retention proceeds withheld by the district from the selected best value contractor shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicitation of bids. -(2) In a contract between the selected best value contractor and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld shall not exceed the percentage specified in the contract between the district and the selected best value contractor. If the selected best value contractor provides written notice to a subcontractor that, prior to or at the time the bid is requested, a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the selected best value contractor, then the selected best value contractor may withhold retention proceeds in excess of the percentage specified in the contract between the district and the selected best value contractor from any payment made by the selected best value contractor to the subcontractor. -(g) All subcontractors bidding on contracts pursuant to this chapter shall be afforded the protection contained in Chapter 4 (commencing with Section 4100) of Part 1. -20119.3. -The governing board of the school district shall proceed in accordance with the following when awarding best value contracts under this article: -(a) The school district shall prepare a solicitation for bids and give notice pursuant to Section 20112. -(b) (1) The school district shall establish a procedure to prequalify bidders as required by this code. Information submitted by the bidder as part of the evaluation process shall not be open to public inspection to the extent that information is exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). -(2) A best value entity shall not be prequalified or shortlisted unless the entity provides an enforceable commitment to the governing board that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades. -(3) An entity’s commitment that a skilled and trained workforce will be used to perform the project or contract may be established by any of the following: -(A) The entity’s agreement with the school district that the entity and its subcontractors at every tier will comply with the requirements of this subdivision and that the entity will provide the governing board of the school district with evidence, on a monthly basis while the project or contract is being performed, that the entity and its subcontractors are complying with the requirements of this subdivision. -(B) If the governing board has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract and that includes the requirements of this subdivision, the entity’s agreement that it will become a party to that project labor agreement. -(C) Evidence that the entity has entered into a project labor agreement that includes the requirements of this subdivision and that will bind the entity and all its subcontractors at every tier performing the project or contract. -(c) Each solicitation for bids shall do all of the following: -(1) Invite prequalified bidders to submit sealed bids in the manner prescribed by this article. -(2) Include a section identifying and describing the following: -(A) Criteria that the school district will consider in evaluating the qualifications of the bidders. -(B) The methodology and rating or weighting system that will be used by the school district in evaluating bids. -(C) The relative importance or weight assigned to the criteria for evaluating the qualifications of bidders identified in the request for bids. -(d) Final evaluation of the bidders shall be done in a manner that prevents the identity of the bidders and the cost or price information from being revealed in evaluating the qualifications of the bidders prior to completion of qualification scoring. -20119.4. -Selection of the best value contractor shall be made as follows: -(a) (1) The school district shall evaluate the qualifications of the bidders based solely upon the criteria set forth in the solicitation documents, and shall assign a qualification score to each bid. -(2) Qualification scores shall be determined by using only the criteria and selection procedures specifically identified in the request for proposals. The following minimum factors, however, shall be weighted as deemed appropriate by the school district: -(A) Relevant experience. -(B) Safety record. -(C) Other factors identified in the request for proposal. -(b) To determine the best value contractor, the school district shall divide each bidder’s price by its qualifications score. A preference of up to 5 percent shall be applied to the price of a bid submitted by a small business, as defined by the school district, before dividing the bidder’s price by its qualification score. The lowest resulting cost per quality point will represent the best value bid. The award of the contract shall be made to the bidder whose bid is determined, by the school district in writing, to be the best value to the school district. -(c) The school district shall issue a written decision of its contract award or else reject all bids. -(d) Upon issuance of a contract award, the school district shall publicly announce its award identifying the project, the project price, the best value contractor to which the award is made, as well as the prices, qualification scores, and resulting costs per qualification point for all responsive bidders. The contract file shall include documentation sufficient to support the decision to award. -20119.5. -(a) (1) A school district that uses the best value procurement method pursuant to this article shall submit to the appropriate policy and fiscal committees of the Legislature an interim and final report on the use of the best value procurement method. The reports shall be prepared by an independent third party and the school district shall pay for the cost of the report. The reports shall be submitted to the appropriate policy and fiscal committees of the Legislature as follows: -(A) An interim report on or before July 1, 2018. -(B) A final report on or before January 1, 2020. -(2) A report shall include, but is not limited to, the following information: -(A) A description of the projects awarded using the best value procedures. -(B) The contract award amounts. -(C) The best value contractors awarded the projects. -(D) A description of any written protests concerning any aspect of the solicitation, bid, or award of the best value contracts, including the resolution of the protests. -(E) A description of the prequalification process. -(F) The criteria used to evaluate the bids, including the weighting of the criteria and an assessment of the effectiveness of the methodology. -(G) If a project awarded under this article has been completed, an assessment of the project performance, to include a summary of any delays or cost increases. -(b) The requirement for submitting a report imposed pursuant to subdivision (a) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. -20119.6. -Except as otherwise provided in this article, the best value procurement method is not intended to change any guideline, criterion, procedure, or requirement of the governing board of the school district to let a contract for a project to the lowest responsible bidder or else reject all bids. -20119.7. -This article shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to establish a pilot project for the Los Angeles Unified School District to determine the potential benefits and consequences of using best value procurement to facilitate infrastructure improvements and ease fiscal impacts.","The Local Agency Public Construction Act requires the governing board of any school district to let any contract for a public project, as defined, involving an expenditure of $15,000 or more, to the lowest responsible bidder that gives security as the board requires, or else reject all bids. -This bill would establish a pilot program to authorize the Los Angeles Unified School District to use, before December 31, 2020, a best value procurement method for bid evaluation and selection for public projects that exceed $1,000,000. The bill would establish various requirements applicable to the use of the best value procurement method under this authorization. The bill would require the school district to submit an interim and final report to the appropriate policy and fiscal committees of the Legislature on the use of the best value procurement method pursuant to the bill, in accordance with a specified schedule. These provisions would be repealed on January 1, 2021. -This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District.","An act to add and repeal Article 3.3 (commencing with Section 20119) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code, relating to best value procurement." -745,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17701.02 of the Corporations Code is amended to read: -17701.02. -In this title: -(a) “Acknowledged” means that an instrument is either of the following: -(1) Formally acknowledged as provided in Article 3 (commencing with Section 1180) of Chapter 4 of Title 4 of Part 4 of Division 2 of the Civil Code. -(2) Executed to include substantially the following wording preceding the signature: - - -“It is hereby declared that I am the person who executed this instrument which execution is my act and deed.” - - -Any certificate of acknowledgment taken without this state before a notary public or a judge or clerk of a court of record having an official seal need not be further authenticated. -(b) “Articles of organization” means the articles required by Section 17702.01. The term includes the articles of organization as amended or restated. -(c) “Contribution” means any benefit provided by a person to a limited liability company: -(1) In order to become a member upon formation of the limited liability company and in accordance with an agreement between or among the persons that have agreed to become the initial members of the limited liability company. -(2) In order to become a member after formation of the limited liability company and in accordance with an agreement between the person and the limited liability company. -(3) In the person’s capacity as a member and in accordance with the operating agreement or an agreement between the member and the limited liability company. -(d) “Debtor in bankruptcy” means a person that is the subject of either of the following: -(1) An order for relief under Title 11 of the United States Code or a successor statute of general application. -(2) A comparable order under federal, state, or foreign law governing bankruptcy or insolvency, an assignment for the benefit of creditors, or an order appointing a trustee, receiver, or liquidator of the person or of all or substantially all of the person’s property. -(e) “Designated office” means either of the following: -(1) The office that a limited liability company is required to designate and maintain under Section 17701.13. -(2) The principal office of a foreign limited liability company. -(f) “Distribution,” except as otherwise provided in subdivision (g) of Section 17704.05, means a transfer of money or other property from a limited liability company to another person on account of a transferable interest. -(g) “Domestic” means organized under the laws of this state when used in relation to any limited liability company, other business entity, or person other than a natural person. -(h) “Effective,” with respect to a record required or permitted to be delivered to the Secretary of State for filing under this title, means effective under subdivision (c) of Section 17702.05. -(i) (1) “Electronic transmission by the limited liability company” means a communication delivered by any of the following means: -(A) Facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the limited liability company. -(B) Posting on an electronic message board or network that the limited liability company has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof. -(C) Other means of electronic communication to which both of the following apply: -(i) The communication is delivered to a recipient who has provided an unrevoked consent to the use of those means of transmission. -(ii) The communication creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. However, an electronic transmission by a limited liability company to an individual member is not authorized unless, in addition to satisfying the requirements of this section, the transmission satisfies the requirements applicable to consumer consent to electronic records as set forth in the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001(c)(1)). -(2) “Electronic transmission to the limited liability company” means a communication delivered by any of the following means: -(A) Facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, that the limited liability company has provided from time to time to members or managers for sending communications to the limited liability company. -(B) Posting on an electronic message board or network that the limited liability company has designated for those communications, which transmission shall be validly delivered upon the posting. -(C) Other means of electronic communication to which both of the following apply: -(i) The limited liability company has placed in effect reasonable measures to verify that the sender is the member or manager, in person or by proxy, purporting to send the transmission. -(ii) The communication creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. -(j) “Foreign limited liability company” means an unincorporated entity formed under the law of a jurisdiction other than this state and denominated by that law as a limited liability company. -(k) “Limited liability company,” except in the phrase “foreign limited liability company,” means an entity formed -under -pursuant to -this title or an entity that becomes subject to this title pursuant to Article 13 (commencing with Section 17713.01). -(l) “Majority of the managers” unless otherwise provided in the operating agreement, means more than 50 percent of the managers of the limited liability company. -(m) “Majority of the members” unless otherwise provided in the operating agreement, means more than 50 percent of the membership interests of members in current profits of the limited liability company. -(n) “Manager” means a person that under the operating agreement of a manager-managed limited liability company is responsible, alone or in concert with others, for performing the management functions stated in subdivision (c) of Section 17704.07. -(o) “Manager-managed limited liability company” means a limited liability company that qualifies under subdivision (a) of Section 17704.07. -(p) “Member” means a person that has become a member of a limited liability company under Section 17704.01 and has not dissociated under Section 17706.02. -(q) “Member-managed limited liability company” means a limited liability company that is not a manager-managed limited liability company. -(r) “Membership interest” means a member’s rights in the limited liability company, including the member’s transferable interest, any right to vote or participate in management, and any right to information concerning the business and affairs of the limited liability company provided by this title. -(s) “Operating agreement” means the agreement, whether or not referred to as an operating agreement and whether oral, in a record, implied, or in any combination thereof, of all the members of a limited liability company, including a sole member, concerning the matters described in subdivision (a) of Section 17701.10. The term “operating agreement” may include, without more, an agreement of all members to organize a limited liability company pursuant to this title. An operating agreement of a limited liability company having only one member shall not be unenforceable by reason of there being only one person who is a party to the operating agreement. The term includes the agreement as amended or restated. -(t) “Organization” means, whether domestic or foreign, a partnership whether general or limited, limited liability company, association, corporation, professional corporation, professional association, nonprofit corporation, business trust, or statutory business trust having a governing statute. -(u) “Organizer” means a person that acts under Section 17702.01 to form a limited liability company. -(v) “Person” means an individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company, or other entity, whether domestic or foreign. Nothing in this subdivision shall be construed to confer any rights under the California Constitution or the United States Constitution. -(w) “Principal office” means the principal executive office of a limited liability company or foreign limited liability company, whether or not the office is located in this state. -(x) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. -(y) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. -(z) “Transfer” includes an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift, and transfer by operation of law. -(aa) “Transferable interest” means the right, as originally associated with a person’s capacity as a member, to receive distributions from a limited liability company in accordance with the operating agreement, whether or not the person remains a member or continues to own any part of the right. -(ab) “Transferee” means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a member. -(ac) “Vote” includes authorization by written consent or consent given by electronic transmission to the limited liability company.","The California Revised Uniform Limited Liability Company Act governs the formation and operation of limited liability companies. The act defines various terms for the purposes of its provisions. -This bill would make a nonsubstantive change to these definitions.","An act to amend Section 17701.02 of the Corporations Code, relating to limited liability companies." -746,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 22.4 (commencing with Section 22595) is added to Division 8 of the Business and Professions Code, to read: -CHAPTER 22.4. Fair Information Practices Act -22595. -This chapter shall be known and may be cited as the Fair Information Practices Act. -22595.1. -(a) The principles of the Fair Information Practices Act include all of the following: -(1) Transparency. -(2) Individual participation. -(3) Purpose specification. -(4) Data minimization. -(5) Use limitation. -(6) Data quality and integrity. -(7) Security. -(8) Accountability and auditing. -(b) The Legislature finds and declares that with regard to the principles listed in subdivision (a), developers and operators of mobile operating systems or platforms are encouraged to do all of the following: -(1) Be transparent and notify individuals regarding collection, use, dissemination, and maintenance of personal data. -(2) Involve individuals in the process of using personal data and, to the extent practicable, seek individual consent for the collection, use, dissemination, and maintenance of personal data. -(3) Specifically articulate the authority that permits the collection of personal data and the purpose or purposes for which the personal data is intended to be used by defining the functional purpose of the mobile application and how an individual’s personal data is used to contribute to that functional purpose. -(4) Only collect personal data that is directly relevant and necessary to accomplish the purpose or purposes for which the personal data is intended to be used, and only retain personal data for as long as necessary to fulfill the specified purpose or purposes. -(5) Use personal data solely for the purpose or purposes specified in the notice to the user. Sharing personal data should be for a purpose compatible with the purpose or purposes for which the personal data was collected. -(6) Ensure, to the extent practicable, that personal data is accurate, relevant, timely, and complete. -(7) Protect personal data in all media through appropriate safeguards against risks, including, but not limited to, loss, unauthorized access or use, destruction, modification, or unintended or inappropriate disclosure. -(8) Be accountable for complying with the principles listed in subdivision (a), provide training to all employees and contractors who use personal data, and audit the actual use of personal data to demonstrate compliance with the principles listed in subdivision (a) and all applicable privacy protection requirements and laws. -22595.2. -For purposes of this chapter the term “person” means any individual, partnership, corporation, limited liability company, association, or other organization. -22595.3. -(a) This section shall apply to a person that provides a mobile operating system or platform that is used by an operator or developer of a mobile application or online service that collects personal data from an individual California user through the mobile application or online service. -(b) A person shall create universal privacy policy standards for all mobile applications based on the principles listed in subdivision (a) of Section 22595.1, and shall conspicuously post the universal privacy policy standards to the person’s Internet Web site in a digital format that is accessible to all users. -(c) (1) Except as otherwise provided in paragraph (2), a developer or operator of a mobile application using a mobile operating system or platform of a person shall accept the universal privacy policy standards of that person, and shall conspicuously post a notice of acceptance of those universal privacy policy standards on its Internet Web site in a digital format that is accessible to all users. -(2) A developer or operator of a mobile application or online service may elect not to accept the universal privacy policy standards of a person regarding the use of a user’s personal data, if that developer or operator obtains explicit agreement from that user. -SECTION 1. -The Legislature finds and declares all of the following: -(a)Low carbon transportation fuels are an important element of the state’s greenhouse gas reduction policy and increasing the supply of those fuels will help the state achieve its greenhouse gas reduction goals. -(b)Existing incentives for the development of low carbon transportation fuels, including the Low Carbon Fuel Standard regulation (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations), the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), and Assembly Bill 118 (Chapter 750 of the Statutes of 2007), have not resulted in sufficient development of low carbon transportation fuels. -SEC. 2. -Section 38568 is added to the -Health and Safety Code -, to read: -38568. -(a)For purposes of this section, the following terms have the following meanings: -(1)“Indirect land use change emission” means the carbon emissions associated with changes in agricultural activity that result from the market-mediated effects of using an agricultural commodity that is a food product as feedstock for the production of the transportation fuel. -(2)“Very low carbon transportation fuel” means a liquid or gaseous transportation fuel having no greater than 50 percent of the carbon intensity of the closest comparable petroleum fuel for that year, as measured by the methodology in the Low Carbon Fuel Standard regulation (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations). The carbon intensity for the transportation fuel shall include the indirect land use change emission if an agricultural commodity that is a food product is used as a feedstock for the production of the transportation fuel. -(b)The state board may establish a very low carbon fuel market commitment program that requires a wholesaler, producer, importer, or any other entity that provides transportation fuel to a retailer or sells transportation fuel to a consumer to include as part of its transportation fuel sales in the state percentages of very low carbon transportation fuel. The percentages of very low carbon transportation fuel shall be determined by the state board and measured in energy equivalent units. The state board may require percentages of very low carbon transportation fuel as low as one-quarter of 1 percent or as high as 2 percent. -(c)When the state board determines that very low carbon transportation fuel sales have reached 2 percent of all transportation fuel sales in the state, the state board shall notify the Secretary of State and this section shall be inoperative five years from that notification. -(d)This section does not replace or modify any existing fuel standards or requirements imposed under the Low Carbon Fuel Standard regulation (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).","Existing law requires an operator of a commercial Web site or online service that collects personally identifiable information, as defined, through the Internet about individual consumers residing in California to conspicuously post its privacy policy on its Internet Web site, and requires that privacy policy to, among other things, identify the categories of personally identifiable information that the operator collects. -This bill would require a person, as defined, that provides a mobile operating system or platform that is used by an operator or developer of a mobile application that collects personal data from an individual California user through the mobile application or an online service to create universal privacy policy standards that are based on certain principles, including, but not limited to, transparency and security. The bill would require that person to conspicuously post those standards on the person’s Internet Web site in a digital format that is accessible to all users, and would require a developer or operator of a mobile application using a mobile operating system or platform to accept those universal privacy policy standards, except as specified. The bill would also make legislative findings and declarations regarding those principles. -The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt a statewide greenhouse gas emissions limit to be achieved by 2020 equivalent to the statewide greenhouse gas emissions levels of 1990. The state board additionally is required to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions. Pursuant to the act, the state board has adopted the Low Carbon Fuel Standard regulations. -This bill would authorize the state board to establish a very low carbon fuel market commitment program that requires wholesalers, producers, importers, or any other entity that provides transportation fuel to a retailer or sells transportation fuel to a consumer to include as part of their transportation fuel sales in the state percentages of very low carbon transportation fuel, as defined, as determined by the state board. These provisions would become inoperative 5 years after the state board notifies the Secretary of State that very low carbon fuel sales have reached 2% of all transportation fuel sales in the state.","An act to add Section 38568 to the Health and Safety Code, relating to greenhouse gases. -An act to add Chapter 22.4 (commencing with Section 22595) to Division 8 of the Business and Professions Code, relating to data." -747,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 5150 of the Welfare and Institutions Code is amended to read: -5150. -(a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service. -(b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm. -(c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to prevent a peace officer from delivering individuals to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to require peace officers to perform any additional duties other than those specified in Sections 5150.1 and 5150.2. -(d) Whenever a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered as determined by the county mental health director. -(e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing stating the circumstances under which the person’s condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, or gravely disabled. The application shall also record whether the historical course of the person’s mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she knows to be false. -(f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the person’s personal property, the person taking him or her into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person. The person taking him or her into custody shall then furnish to the court a report generally describing the person’s property so preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the person’s property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her into custody for that property shall terminate. As used in this section, “responsible relative” includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person. -(g) (1) Each person, at the time he or she is first taken into custody under this section, shall be provided, by the person who takes him or her into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form: -My name is . -I am a _____ (peace officer/mental health professional) _____ . -with _____ (name of agency) _____ . -You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . -_____ (name of facility) _____ -You will be told your rights by the mental health staff. -(2) If taken into custody at his or her own residence, the person shall also be provided the following information: - - -You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken. - - -(h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) which shall include all of the following: -(1) The name of the person detained for evaluation. -(2) The name and position of the peace officer or mental health professional taking the person into custody. -(3) The date the advisement was completed. -(4) Whether the advisement was completed. -(5) The language or modality used to give the advisement. -(6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services. -(i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the person’s primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form: -My name is  . -My position here is  . -You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): -◻ Harm yourself. -◻ Harm someone else. -◻ Be unable to take care of your own food, clothing, and housing needs. -We believe this is true because -(list of the facts upon which the allegation of dangerous -or gravely disabled due to mental health disorder is based, including pertinent -facts arising from the admission interview). -You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can. -During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge. -If you have questions about your legal rights, you may contact the county Patients’ Rights Advocate at _____ (phone number for the county Patients’ Rights Advocacy office) _____ . -Your 72-hour period began _____ (date/time) _____ . -(2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient shall be informed of this fact. -(j) For each patient admitted for evaluation and treatment, the facility shall keep with the patient’s medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following: -(1) The name of the person performing the advisement. -(2) The date of the advisement. -(3) Whether the advisement was completed. -(4) The language or modality used to communicate the advisement. -(5) If the advisement was not completed, a statement of good cause. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons so committed. Under the act, when a person, as a result of mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, he or she may, upon probable cause, be taken into custody by a peace officer, member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or other designated professional person, and placed in a facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation. Existing law requires, when determining if probable cause exists to take a person into custody, or cause a person to be taken into custody pursuant to the provisions described above, any person who is authorized to take or cause that person to be taken into custody to consider available relevant information about the historical course of the person’s mental disorder, as specified, if the authorized person determines that information has a reasonable bearing on the determination described above. -This bill would provide that, when determining if a person should be taken into custody pursuant to the provisions described above, the individual making that determination shall consider available relevant information about the historical course of the person’s mental disorder if the individual concludes that the information has a reasonable bearing on the determination, and that the individual shall not be limited to consideration of the danger of imminent harm. -Existing law requires the admitting facility to require an application in writing stating the circumstances under which the person’s condition was called to the attention of those persons authorized to make the determination of probable cause, and stating that he or she has probable cause, as specified. -The bill would also require the application to record whether the historical course of a person’s mental disorder was considered in the determination of probable cause. -By imposing additional duties on local officials, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 5150 of the Welfare and Institutions Code, relating to mental health." -748,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 8869.80 of the Government Code is amended to read: -8869.80. -The Legislature hereby finds and declares all of the following: -(a) The Tax Reform Act of 1986 (Public Law 99-514) establishes a volume ceiling on the aggregate amount of private activity bonds that can be issued in each state. The volume ceiling is the product of seventy-five dollars ($75) multiplied by the state population in 1987 and fifty dollars ($50) multiplied by the state population in each succeeding calendar year. -(b) Sections 1112 and 1401 of the American Recovery and Reinvestment Act of 2009 (26 U.S.C. Secs. 54a and 1400U-1) establish an aggregate amount of bond authority that can be issued in each state. Said amount may be determined from time to time by federal law, federal notice, or both federal law and notice. -(c) Section 142(k) of the Internal Revenue Code establishes a volume ceiling on the aggregate amount of qualified education facility bonds that can be issued in each state. The qualified educational facilities volume ceiling is the product of ten dollars ($10) multiplied by the state population in each calendar year. -(d) The federal act requires each state to allocate its volume ceiling according to a specified formula unless a different procedure is established by Governor’s proclamation or state legislation. -(e) Section 142(k)(5)(B)(i) of the Internal Revenue Code authorizes each state to allocate the qualified educational facilities volume ceiling in the manner the state determines appropriate. -(f) Therefore, it is necessary to designate a state agency and create an allocation system to administer the state volume ceiling. -(g) A substantial public benefit is served by promoting housing for lower income families and individuals. -(h) A substantial public benefit is served by preserving and rehabilitating existing governmental assisted housing for lower income families and individuals. -(i) A substantial public benefit is served by providing federal tax credits or reduced interest rate mortgages to assist teachers, principals, vice principals, assistant principals, and classified employees who are willing to serve in high priority schools to purchase a home. -(j) A substantial public benefit is served by constructing educational facilities for the state’s children. -SEC. 2. -Section 8869.81 of the Government Code is amended to read: -8869.81. -This chapter is enacted to implement the state volume limit established in Section 1301 of the Federal Tax Reform Act of 1986 (Public Law 99-514), Sections 1112 and 1401 of the American Recovery and Reinvestment Act of 2009 (26 U.S.C. Secs. 54a and 1400U-1), and Sections 142(k) and 146 of the Internal Revenue Code. -SEC. 3. -Section 8869.82 of the Government Code is amended to read: -8869.82. -(a) As used in this chapter, unless the context otherwise requires, the terms defined in this section shall have the following meanings: -(1) “Committee” means the California Debt Limit Allocation Committee established pursuant to Section 8869.83. -(2) “Fund” means the California Debt Limit Allocation Committee Fund created pursuant to Section 8869.90. -(3) “Internal Revenue Code” means the Internal Revenue Code of 1986 (26 U.S.C. Sec. 1 et seq.), as amended from time to time. -(4) “Issuer” means any local agency or state agency authorized by the Constitution or laws of the state to issue private activity bonds. -(5) “Local agency” means any political subdivision of the state within the meaning of Section 103 of the Internal Revenue Code (26 U.S.C. Sec. 103), or any entity that has the power to issue private activity bonds on behalf of that political subdivision. -(6) “MBTCAC” means the California Tax Credit Allocation Committee created by Section 50199.8 of the Health and Safety Code. -(7) “Private activity bond” means a part or all of any bond, or other instrument, required to obtain a portion of the state’s volume cap pursuant to Sections 142(k) and 146 of the Internal Revenue Code (26 U.S.C. Secs. 142(k) and 146) in order to be tax-exempt, including, generally, all of the following, as those bonds are defined in the Internal Revenue Code: -(A) Exempt facility bonds, except bonds for airports, docks and wharves, and certain solid waste facilities. -(B) Qualified mortgage bonds. -(C) Qualified small issue bonds. -(D) Qualified student loan bonds. -(E) Qualified redevelopment bonds. -(F) The nonqualified amount of an issue of governmental bonds (including advance refunds) exceeding fifteen million dollars ($15,000,000), as provided in Section 141(b)(5) of the Internal Revenue Code (26 U.S.C. Sec. 141(b)(5)). -(8) “Private activity bond limit” means any portion of the state ceiling allocated or transferred to a state agency or local agency pursuant to this chapter. -(9) “State” means the State of California. -(10) “State agency” means the state and all state entities, including joint powers authorities of which the state or agency or instrumentality thereof is a member, empowered to issue private activity bonds, the interest on which is exempt from income tax under Section 103(a) of the Internal Revenue Code (26 U.S.C. Sec. 103(a)), including nonprofit corporations described in Section 150(d) of the Internal Revenue Code (26 U.S.C. Sec. 150(d)), authorized to issue qualified scholarship funding bonds. -(11) “State ceiling” includes all of the following: -(A) The amount specified by Section 146(d) of the Internal Revenue Code (26 U.S.C. Sec. 146(d)) for each calendar year commencing in 1986. -(B) The amount reserved to the state pursuant to Sections 1112 and 1401 of the American Recovery and Reinvestment Act of 2009 (26 U.S.C. Secs. 54a and 1400U-1). -(C) The amount specified by Section 142(k) of the Internal Revenue Code (26 U.S.C. Sec. 42(k)). -(b) Pursuant to Section 146(e) of the Internal Revenue Code (26 U.S.C. Sec. 146(e)), this chapter governs the allocation of the state ceiling among the state agencies and local agencies in this state having authority to issue private activity bonds. -(c) Any portion of the state ceiling allocated or transferred by or under the authority of this chapter shall become the private activity bond limit for the issuer of which that portion is allocated or transferred for any private activity bonds issued by that issuer. -SEC. 4. -Section 8869.85 of the Government Code is amended to read: -8869.85. -(a) Each state agency shall apply to the committee for allocation of a portion of the state ceiling, supplying any information which the committee may require. The application may be for a specific project, or it may be for a designated dollar amount, to be utilized for projects or programs at the discretion of the state agency. No private activity bonds issued by any state agency shall be deemed to receive the benefit of any portion of the state ceiling unless the committee has allocated or permitted the transfer of a portion of the state ceiling to the state agency. The allocation may be on any terms and conditions as the committee may determine. -(b) Any local agency may apply to the committee for an allocation of a portion of the state ceiling, supplying any information which the committee may require. Applications from local agencies may only be for specific projects or programs. No private activity bond issued by a local agency shall be deemed to receive the benefit of any portion of the state ceiling unless the committee has allocated or permitted the transfer of a portion of the state ceiling to the local agency. The allocation may be upon any terms and conditions as the committee may determine. -(c) Any allocation made pursuant to this section shall be irrevocable upon issuance of bonds pursuant thereto at least to the extent of the amount of the bonds so issued. No allocation shall permit the state agency or local agency which receives it to use all or any portion of the allocation for a carryforward pursuant to Section 146(f) or Section 142(k)(5)(B)(ii) of the Internal Revenue Code, unless the committee expressly allows use of the allocation for a carryforward. -(d) No allocation made to a state agency or a local agency pursuant to this section may be transferred by the initial recipient thereof to any other state agency or local agency unless the committee expressly permits the transfer. With the committee’s permission, any state or local agency may, by resolution, transfer to any other local agency or to any state agency or back to the committee all or any portion of the agency’s private activity bond limit. Any such transfer shall be made in writing and may be general or limited and subject to any terms and conditions as may be set forth in the resolution or under the committee’s permission, as long as the transfer is irrevocable upon issuance of bonds pursuant to the transfer, at least to the extent of the amount of the bonds so issued. Each transferee shall maintain a written record of the transfer in its records for at least the term of all private activity bonds issued pursuant to the transfer. No transfer may be made pursuant to this section in return for any payment of cash, property, or other marketable thing of value. -SEC. 5. -Section 8869.86 of the Government Code is amended to read: -8869.86. -(a) Subject to any limitations on transferred private activity bond limit as may be provided in subdivision (d) of Section 8869.85, any state agency or local agency may utilize its private activity bond limit for any of the following: -(1) The issuance of private activity bonds. -(2) If permitted by the committee, to make a carryforward election pursuant to Section 142(k) or Section 146(f) of the Internal Revenue Code. -(3) If permitted by the committee, to make a transfer to any state agency, local agency, or the committee. -(b) Prior to issuing any private activity bonds, the issuer shall, in the bond resolution or other similar action giving approval for the issuance of bonds, specifically designate to the bond issue a portion of the private activity bond limit available or expected to be available to that issuer. The designation shall be irrevocable upon the issuance of the bonds to the extent of the amount thereof. -(c) Each state agency and local agency shall notify the committee in writing, as directed by the committee, after any of the following: -(1) The issuance of any private activity bonds. -(2) Any action taken pursuant to subdivision (d) of Section 8869.85 to transfer any portion of its private activity bond limit. -(3) Any election to treat all or any portion of the state agency’s or local agency’s private activity bond limit as a carryforward pursuant to Section 142(k) or Section 146(f) of the Internal Revenue Code. The committee shall keep the notices in its records for a period no less than the term of all private activity bonds issued as described in the notices. -SEC. 6. -Section 8869.93 of the Government Code is amended to read: -8869.93. -The Treasurer, or his or her designee, is designated as the state official to certify that an issue of private activity bonds meets the requirements of Section 142(k) or Section 146 of the Internal Revenue Code of 1986, as amended, and to take any and all actions as may be necessary or appropriate in connection therewith.","Existing law establishes the California Debt Limit Allocation Committee for the purpose of implementing the volume limit for the state on private activity bonds established pursuant to federal law. The committee’s duties include annually determining a state ceiling on the aggregate amount of private activity bonds that may be issued, and allocating that amount among state and local agencies. Existing law defines the terms “private activity bond” and “state ceiling” for those purposes with regard to an amount specified in federal law. -This bill would revise the findings and declarations with regard to, and the purpose for, the provisions relating to the California Debt Limit Allocation Committee to reflect the American Recovery and Reinvestment Act of 2009. The bill would revise the definition of “private activity bond” and “state ceiling” to also include certain amounts reserved to the state for qualified educational facilities bonds and would make conforming changes with regard to those bonds.","An act to amend Sections 8869.80, 8869.81, 8869.82, 8869.85, 8869.86, and 8869.93 of the Government Code, relating to bonds." -749,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14999 of the Government Code is amended to read: -14999. -The Commission for Economic Development, hereinafter referred to as the commission, is continued in existence. The purpose of the commission is to provide continuing bipartisan legislative, executive branch, and private sector support and guidance on public policies and economic development activities that support job creation and business growth in this state. Among other activities, the commission may undertake any and all of the following: -(a) Assessing specific regional or local economic development problems and making recommendations for solving problems. -(b) Providing a forum for ongoing dialogue on economic issues between state government and the private sector. -(c) Recommending, where deemed appropriate, legislation to require evaluation of demonstration and ongoing economic development projects and programs to ensure continued cost effectiveness. -(d) Identifying and reporting important secondary effects on economic development of programs and regulations which may have other primary purposes. -(e) Undertaking specialized studies and preparing specialized reports at the request of the Governor or Legislature. -(f) Collaborating with statewide and regional organizations on economic and community development initiatives. -(g) Identifying and supporting this state’s access to federal programs, services, and initiatives that would benefit this state’s economy, businesses, and workers. -SEC. 2. -Section 14999.1 of the Government Code is amended to read: -14999.1. -(a) The commission shall consist of the Lieutenant Governor and 16 members appointed as follows: -(1) Three Members of the Senate, appointed by the Senate Rules Committee. -(2) Three Members of the Assembly, appointed by the Speaker of the Assembly. -The Members of the Legislature appointed to the commission shall serve at the pleasure of the appointing power and shall participate in the activities of the commission to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, such Members of the Legislature shall constitute a joint investigating committee on the subject of this chapter and as such shall have the powers and duties imposed upon such committees by the Joint Rules of the Senate and Assembly. -(3) Ten members appointed by the Governor after consultation with business, industry, and labor organizations, with no more than six members registered from the same political party. These 10 members shall include persons from the economic development fields of manufacturing, -tourism, world trade -small business, finance, -and such other fields as may be appropriate. The terms of these 10 members shall be for four years. The terms of the members first appointed shall be as follows: four shall expire January 1, 1973; four January 1, 1974; and two January 1, 1975. -(b) The commission may additionally consist of up to three Members of the California United States Congressional Delegation, who have applied to, and have been appointed -by -by, -the Governor. The Members of the United States Congress appointed to the commission shall serve at the pleasure of the appointing power and shall participate in the activities of the commission to the extent that such participation is not incompatible with their respective positions as Members of the United States Congress. -(c) The Lieutenant Governor shall serve as -chairman -chairperson -of the commission. The commission shall provide for the selection of a vice -chairman -chairperson -who shall be a registered member of a political party different from that of the -chairman. -chairperson. -The commission may select from its membership such other officers as it deems necessary. The -chairman -chairperson -and the vice -chairman -chairperson -shall be ad hoc members of all committees. -(d) The Governor shall appoint, upon the nomination of the Lieutenant Governor, an executive secretary for the commission. The executive secretary shall serve at the pleasure of the Lieutenant Governor. The Lieutenant Governor shall appoint the staff of the commission. The staff shall be employees of the Lieutenant Governor’s office. -SEC. 3. -Section 14999.2 of the Government Code is amended to read: -14999.2. -The commission may appoint task forces to study and report on specific issues relating to the purposes of this chapter. The commission may contract for studies and other special services for purposes of this chapter. All studies and reports of the commission are public documents and shall be posted on the Internet Web site of the Lieutenant Governor for not less than 24 months. -SEC. 4. -Section 14999.3 of the Government Code is amended to read: -14999.3. -The commission -shall -may -appoint advisory committees from outside its membership to represent the aerospace, manufacturing, logistics, tourism, and world trade segments of the state’s economy, and such other advisory committees as it deems necessary for the purpose of carrying out its responsibilities as set forth in this chapter. No reimbursement for travel within the state or per diem is authorized for participation on an advisory committee or for testifying before an advisory committee. -SEC. 5. -Section 14999.4 of the Government Code is amended to read: -14999.4. -(a) Except as provided in subdivision (b), members of the commission, including members appointed pursuant to subdivision (b) of Section 14999.1, shall serve without compensation, but shall be reimbursed for actual necessary expenses for travel within the state incurred in the performance of their duties, as authorized by the commission chairperson. -(b) Members representing the Senate and Assembly shall receive reimbursement from their legislative funds. -SEC. 6. -Section 14999.5 of the Government Code is amended to read: -14999.5. -All meetings of the commission shall be open and public and all persons shall be permitted to attend any meetings of the commission. -SEC. 7. -Section 14999.6 of the Government Code is amended to read: -14999.6. -(a) The commission may act at any regular or special meeting, by teleconference, via an Internet Web site, or other electronic means, or a combination thereof. Regular meetings shall be held once during each -three-month -four-month -period and special meetings may be called by the -chairman -chairperson -at any time he or she deems it is necessary to handle special or emergency matters. -(b) A majority of the members described in subdivision (a) of Section 14999.1 shall constitute a quorum for the transaction of business for the commission. The transaction of business does not include taking testimony or discussing issues that will be acted on at a future -meeting or pursuant to subparagraph (2) of subdivision (c). -meeting. -(c) The commission may also act without a meeting if a majority of the members approve of the action taken in writing. -(d) Any member described in subdivision (a) of Section 14999.1 who misses attending three consecutive meetings without good -cause, -cause -may be replaced. -SEC. 8. -Section 14999.7 of the Government Code is amended to read: -14999.7. -The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, -including -including, -but not limited to, all of the following: -(a) To adopt rules and regulations as it deems advisable with respect to the conduct of its own affairs. -(b) To hold hearings, make and sign agreements, and to do or perform any acts which may be necessary, desirable, or proper to carry out the purposes of this chapter. -(c) To cooperate with, and secure the cooperation of, any department, division, bureau, commission, or other agency of the state, other federal, foreign, or local government, public entity, private organization, or corporation to facilitate it to properly carry out its powers and duties pursuant to this chapter. -(d) To accept any federal funds granted, by act of the United States Congress or by executive order, for all or any of the purposes of this chapter. -(e) To accept any gifts, donations, grants, or bequests for all or any of the purposes of this chapter. -SEC. 9. -Section 14999.8 of the Government Code is amended to read: -14999.8. -(a) The commission shall consider programs, services, technologies, and actions to further the economic development of the state. -(b) The commission -shall -may -study the laws and programs of other states relating to economic development, job creation, entrepreneurship, -economic mobility, -competitiveness, and -the encouragement of civic leaders and business and industry. -other economic development-related topics. -The commission may confer with governmental officials, civic leaders, business and industry, and any other persons or organizations -interested in the promotion of economic development, job creation, entrepreneurship, and competitiveness. -deemed necessary by the chairperson to carry out the purposes of this chapter. -(c) The commission -shall -may -make recommendations concerning legislation affecting the economic development of the state. -SEC. 10. -Section 14999.9 of the Government Code is amended to read: -14999.9. -(a) The commission shall make a report of its activities, findings, and recommendations to the Governor and the Legislature not later than February 1 of each year. -(b) A report to the Legislature pursuant to this section shall be submitted in compliance with Section 9795. -SEC. 11. -Section 14999.10 of the Government Code is amended to read: -14999.10. -(a) The Legislature finds and declares that the Commission for Economic Development is solely an advisory body to the Legislature, to the Governor, and to state departments, offices, and agencies, and that the duties and functions given the commission are part of, or incidental to, its work as an advisory body. -(b) The Legislature further finds and declares that no person shall, by virtue of his or her membership on the commission, be deemed or held to be an officer of the State of California.","Existing law establishes the Commission -on -for -Economic Development, as solely an advisory body, and provides that the purpose of the commission is to provide continuing bipartisan legislative branch, executive branch, and private sector support and guidance for the best overall economic development of the state by any specified means. Under existing law, the membership of the committee consists of the Lieutenant Governor and 16 other members, including 6 Members of the Legislature appointed by the Senate Committee on Rules and the Speaker of the Assembly and 10 members representing business, industry, and labor organizations appointed by the Governor. Existing law authorizes the commission to appoint task forces to study and report on specific issues relating to these purposes. Existing law authorizes the commission to act at any regular or special -meeting. -meeting and requires regular meetings to be held once during each 3-month period. Existing law requires the commission to appoint advisory committees from outside its membership to represent, among other industries, aerospace and to study laws and programs of other states relating to economic development and the encouragement of business and industry. -This bill would provide that the purpose of the commission is to provide that continuing support and guidance on public policies and economic development activities that support job creation and business growth in this state. The bill would additionally authorize the commission to collaborate with statewide and regional organizations on economic and community development initiatives and identify and support this state’s access to federal programs, as provided. The bill would authorize the addition of up to 3 Members of the California Congressional Delegation to the commission and would require these members to apply and be appointed by the Governor. The bill would declare all studies and reports of the commission to be public documents and would require them to be posted on the Internet Web site of the Lieutenant Governor for not less than 24 months. The bill would additionally authorize the commission to act by teleconference, via an Internet Web site, or other electronic means, or a combination of a meeting and electronic -means. -means and would instead require regular meetings to occur once during each 4-month period. The bill would authorize, rather than require, the commission to appoint advisory committees from outside its membership and to study laws and programs of other states relating to economic development, including, among others, economic mobility. -The bill would also make numerous technical and conforming changes.","An act to amend Sections 14999, 14999.1, 14999.2, 14999.3, 14999.4, 14999.5, 14999.6, 14999.7, 14999.8, 14999.9, and 14999.10 of the Government Code, relating to economic development." -750,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) One of the biggest challenges currently faced by charter schools is finding suitable facilities and funding for those facilities. Charter schools typically do not receive local funding through bonds and must pay for their facilities out of general operating expenses. As a result, many charter schools turn to private financing and bond transactions to pay for a long-term facilities solution. -(b) The California School Finance Authority currently operates several valuable programs to assist schools seeking facilities financing, including its conduit revenue bond financing program. However, because charter schools are generally rated low or below investment grade, and the State of California does not directly guarantee or provide for payment of charter school revenue bonds issued through the California School Finance Authority, charter schools that issue revenue bonds to finance public school facilities face excessive interest rates. -(c) A program that provides funds to insure or guarantee school facility bonds issued by the California School Finance Authority to assist charter schools with the acquisition, renovation, or construction of school facilities, or the refinancing of existing charter school facility debt, would lower borrowing costs for those schools and ensure more funds remain in California’s classrooms. -SEC. 2. -The heading of Article 1 (commencing with Section 17170) is added to Chapter 18 of Part 10 of Division 1 of Title 1 of the Education Code, to read: -Article 1. General Provisions -SEC. 3. -The heading of Article 2 (commencing with Section 17172) is added to Chapter 18 of Part 10 of Division 1 of Title 1 of the Education Code, to read: -Article 2. California School Finance Authority -SEC. 4. -Article 3 (commencing with Section 17200) is added to Chapter 18 of Part 10 of Division 1 of Title 1 of the Education Code, to read: -Article 3. California Credit Enhancement Program -17200. -There is hereby created the California Credit Enhancement Program within the authority. The purpose of the program is to establish a fund to be used to insure facility bonds issued by the authority in order to achieve lower cost alternatives for public school facilities financing. -17201. -Notwithstanding Section 17182, in addition to the powers authorized by this chapter, the authority may leverage its funding for the California Credit Enhancement Program so the amount of credit insurance provided pursuant to the California Credit Enhancement Program exceeds the amount of funds on deposit in the California Credit Enhancement Account within the California School Finance Authority Fund created pursuant to Section 17203. -17202. -The authority shall adopt regulations to carry out the provisions of this article. The authority may consult with subject matter experts in the development of the regulations, which shall include, but not be limited to, all of the following: -(a) Eligibility criteria for participating public schools, including financial, performance, organizational, and governance criteria. A public school that is fiscally sound and that has a good credit rating may participate in the California Credit Enhancement Program. -(b) Parameters and procedures for the provision of credit enhancement to eligible financing transactions, including, but not limited to, maximum credit enhancement limits, and provisions necessary to accommodate federal, state, and local regulatory compliance. -(c) The application process and fee schedule. -(d) A definition of “default” for purposes of the program, and procedures so that, in the event of a default, funds from the California Credit Enhancement Account are paid out only after all other sources of payment and credit enhancement to an eligible financing transaction are exhausted. -(e) Options, in the event of a default, to ensure that the first priority of the facility is the continued use for public school purposes. These options may include, but are not limited to, the relet or sale of the facility to another public school and a mechanism by which the state has a right of first refusal to purchase the facility instead of it being sold in a foreclosure sale. -(f) The structure and guidelines for investing in the California Credit Enhancement Program. -17203. -There is hereby created the California Credit Enhancement Account within the California School Finance Authority Fund, established pursuant to Section 17181. The authority shall deposit funds identified for the California Credit Enhancement Program in the California Credit Enhancement Account. The authority may, at its discretion, deposit fees collected in accordance with this chapter in the California Credit Enhancement Account, in addition to the funds authorized to be collected pursuant to Section 17181. The authority may designate and hold separately one or more subaccounts within the California Credit Enhancement Account. Nothing in this section shall be construed to require the authority to deposit, or the Legislature to appropriate, funds for the purposes established in this article. -17204. -(a) Notwithstanding any other law, bond insurance, credit enhancement, or other guarantees issued under this chapter shall not be deemed to constitute a debt or liability of the state, or any political subdivision thereof, and shall not be deemed to be a pledge of the faith and credit of the state, or any political subdivision thereof, other than the authority. Bond insurance, credit enhancement, or other guarantees of the authority shall be payable solely from funds available in the California Credit Enhancement Account. -(b) Each bond insurance policy, credit enhancement instrument, or other guarantee of the authority issued under the California Credit Enhancement Program shall include a statement on its face that neither the State of California nor the authority is obligated to pay the principal or interest thereon, except from revenues of the authority available therefor, and shall also include a statement that neither the faith or credit, nor the taxing power of the State of California, or any political subdivision thereof, is pledged to the payment of the principal or interest of the bonds covered by the California Credit Enhancement Program. -(c) The issuance of bond insurance, credit enhancement, or other guarantees under this chapter shall not directly, indirectly, or contingently obligate the state, or any political subdivision thereof, to levy or pledge any form of taxation, or make any appropriation for their payment.","The California School Finance Authority Act establishes the California School Finance Authority, and authorizes the authority to, among other things, issue revenue bonds to finance or refinance educational facility projects for school districts, charter schools, county offices of education, and community college districts. Existing law establishes the California School Finance Authority Fund, administered by the authority, and continuously appropriates moneys in the fund for purposes of the act. -This bill would create within the authority the California Credit Enhancement Program for the purpose of establishing a fund to insure school facility bonds issued by the authority pursuant to the act, as specified. The bill would create the California Credit Enhancement Account within the California School Finance Authority Fund, would authorize the authority to deposit fees collected pursuant to the program in that account, and would specify that bond insurance, credit enhancement, or other guarantees of the authority shall be payable solely from funds available in that account. By authorizing money in the California School Finance Authority Fund to be used for a new purpose, the bill would make an appropriation. The bill would require the authority to adopt regulations to carry out the program, including, but not limited to, regulations establishing eligibility criteria and a definition of “default” for purposes of the program.","An act to add the headings of Article 1 (commencing with Section 17170) and Article 2 (commencing with Section 17172) to, and to add Article 3 (commencing with Section 17200) to, Chapter 18 of Part 10 of Division 1 of Title 1 of the Education Code, relating to school facilities, and making an appropriation therefor." -751,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 82002 of the Government Code is amended to read: -82002. -(a) “Administrative action” means either of the following: -(1) The proposal, drafting, development, consideration, amendment, enactment, or defeat by any state agency of any rule, regulation, or other action in any ratemaking proceeding or any quasi-legislative proceeding, which shall include any proceeding governed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. -(2) With regard only to placement agents, the decision by any state agency to enter into a contract to invest state public retirement system assets on behalf of a state public retirement system. -(b) “Ratemaking proceeding” means, for the purposes of a proceeding before the Public Utilities Commission, any proceeding in which it is reasonably foreseeable that a rate will be established, including, but not limited to, general rate cases, performance-based ratemaking, and other ratesetting mechanisms. -(c) “Quasi-legislative proceeding” means, for purposes of a proceeding before the Public Utilities Commission, any proceeding that involves consideration of the establishment of a policy that will apply generally to a group or class of persons, including, but not limited to, rulemakings and investigations that may establish rules affecting an entire industry. -(d) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. -SEC. 2. -Section 82002 is added to the Government Code, to read: -82002. -(a) “Administrative action” means any of the following: -(1) The proposal, drafting, development, consideration, amendment, enactment, or defeat by any state agency of any rule, regulation, or other action in any ratemaking proceeding or any quasi-legislative proceeding, which shall include any proceeding governed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. -(2) With regard only to placement agents, the decision by any state agency to enter into a contract to invest state public retirement system assets on behalf of a state public retirement system. -(3) Governmental Procurement. -(b) “Ratemaking proceeding” means, for purposes of a proceeding before the Public Utilities Commission, any proceeding in which it is reasonably foreseeable that a rate will be established, including, but not limited to, general rate cases, performance-based ratemaking, and other ratesetting mechanisms. -(c) “Quasi-legislative proceeding” means, for purposes of a proceeding before the Public Utilities Commission, any proceeding that involves consideration of the establishment of a policy that will apply generally to a group or class of persons, including, but not limited to, rulemakings and investigations that may establish rules affecting an entire industry. -(d) (1) “Governmental procurement” means any of the following with respect to influencing a state procurement contract for which the total estimated cost exceeds two hundred fifty thousand dollars ($250,000): -(A) Preparing the terms, specifications, bid documents, request for proposals, or evaluation criteria for the procurement contract. -(B) Soliciting for the procurement contract. -(C) Evaluating the procurement contract. -(D) Scoring criteria for the procurement contract. -(E) Awarding, approving, denying, or disapproving the procurement contract. -(F) Approving or denying an assignment, amendment, other than an amendment authorized and payable under the terms of the procurement contract as the procurement contract was finally awarded or approved, renewal, or extension of the procurement contract, or any other material change in the procurement contract resulting in financial benefit to the offeror. -(2) “Governmental procurement” does not include any activity undertaken by a placement agent, as that term is defined in Section 82047.3. -(e) This section shall become operative on January 1, 2017. -SEC. 3. -Section 82039 of the Government Code is amended to read: -82039. -(a) “Lobbyist” means either of the following: -(1) Any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, or whose principal duties as an employee are, to communicate directly or through his or her agents with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative action. -(2) A placement agent, as defined in Section 82047.3. -(b) An individual is not a lobbyist by reason of activities described in Section 86300. -(c) For the purposes of subdivision (a), a proceeding before the Public Utilities Commission constitutes “administrative action” if it meets any of the definitions set forth in subdivision (b) or (c) of Section 82002. However, a communication made for the purpose of influencing this type of Public Utilities Commission proceeding is not within subdivision (a) if the communication is made at a public hearing, public workshop, or other public forum that is part of the proceeding, or if the communication is included in the official record of the proceeding. -(d) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. -SEC. 4. -Section 82039 is added to the Government Code, to read: -82039. -(a) “Lobbyist” means any of the following: -(1) Any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, or whose principal duties as an employee are, to communicate directly or through his or her agents with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative action, except for administrative action that is governmental procurement, as defined in subdivision (d) of Section 82002. -(2) A placement agent, as defined in Section 82047.3. -(3) Any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, to communicate directly or through his or her agents on behalf of any person other than his or her employer with any elective state official, agency official, or legislative official for the purpose of influencing administrative action that is governmental procurement, as defined in subdivision (d) of Section 82002. -(b) An individual is not a lobbyist by reason of activities described in Section 86300. -(c) For the purposes of subdivision (a), a proceeding before the Public Utilities Commission constitutes “administrative action” if it meets any of the definitions set forth in subdivision (b) or (c) of Section 82002. However, a communication made for the purpose of influencing this type of Public Utilities Commission proceeding is not within subdivision (a) if the communication is made at a public hearing, public workshop, or other public forum that is part of the proceeding, or if the communication is included in the official record of the proceeding. -(d) This section shall become operative on January 1, 2017. -SEC. 5. -Section 86207 is added to the Government Code, to read: -86207. -(a) Notwithstanding any other law, the penalties imposed by this title shall be the exclusive remedy for a violation of this chapter with respect to requirements for governmental procurement lobbying. -(b) This section shall become operative on January 1, 2017. -SEC. 6. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 7. -The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. -SEC. 8. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to provide the Fair Political Practices Commission with authority and sufficient time to adopt regulations necessary to implement the substantive requirements of this act before the January 1, 2017, operative date, it is necessary that this bill take effect immediately.","Existing provisions of the Political Reform Act of 1974 regulate the activities of lobbyists, lobbying firms, and lobbyist employers in connection with attempts to influence legislative and administrative action by legislative and other state officials, including requirements that lobbyists, lobbying firms, and lobbyist employers register and file periodic reports with the Secretary of State. For purposes of these provisions, “lobbyist” is defined, in part, as an individual who receives $2,000 or more in economic consideration in a calendar month, or whose principal duties as an employee are, to communicate with specified officials for the purpose of influencing legislative or administrative action. -This bill would revise the definition of “lobbyist” to include specified conduct by an individual acting on behalf of any person other than his or her employer for the purpose of influencing administrative action that is governmental procurement, which is further defined to include various actions regarding a state procurement contract for which the total estimated cost exceeds $250,000, thereby making the above-described lobbying requirements applicable to the specified attempts to influence governmental procurement. This bill would provide that the act’s penalty provisions are the exclusive remedy for a violation of the act’s requirements concerning governmental procurement lobbying. -The bill would makes these provisions operative on January 1, 2017. -Because a willful violation of the act’s provisions is punishable as a misdemeanor, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a -2/3 -vote of each house and compliance with specified procedural requirements. -This bill would declare that it furthers the purposes of the act. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend, add, and repeal Sections 82002 and 82039 of, and to add Section 86207 to, the Government Code, relating to the Political Reform Act of 1974, and declaring the urgency thereof, to take effect immediately." -752,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25200.1.3 is added to the Health and Safety Code, to read: -25200.1.3. -The department shall, within 90 days of receiving a renewal application for a hazardous waste facilities permit, hold a public meeting in or near the community in which the hazardous waste facility is located in order to inform the public of the submission of the renewal application, the process for reviewing and making a decision on the renewal application, how the public can participate in the process, and the facility’s enforcement history. -SEC. 2. -Section 25205 of the Health and Safety Code is amended to read: -25205. -(a) Except as provided in Section -25245.5, -25245.4, -the department shall not issue or renew a permit to operate a hazardous waste facility unless the owner or operator of the facility establishes and maintains the financial assurances required pursuant to Article 12 (commencing with Section 25245). -(b) The grant of interim status of a facility, or any portion thereof, that is operating under a grant of interim status pursuant to Section 25200.5, based on the facility having been in existence on November 19, 1980, shall terminate on July 1, 1997, unless the department certifies, on or before July 1, 1997, that the facility is in compliance with the financial assurance requirements of Article 12 (commencing with Section 25245) for a facility in operation since November 19, 1980, for all units, tanks, and equipment for which the facility has authorization to operate pursuant to its grant of interim status. -(c) The department shall review the financial assurances required to operate a hazardous waste facility at least once every five years. If the department’s review finds the financial assurances for a facility to be inadequate, the department shall notify the owner or operator of the facility and require the owner or operator to update and adopt adequate financial assurances within 90 days. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SECTION 1. -The Legislature finds and declares all of the following: -(a)Efforts to reduce greenhouse gas emissions and enhance carbon sequestration on river systems will have significant economic, social, and environmental cobenefits and can aid progress on efforts to prepare for climate change risks. -(b)Investing in river systems allows for cobenefits, including protection of water supply and water quality, air quality, species habitat, recreation, jobs, flood protection, reduced heat-island effects, and reduced energy use. -(c)To ensure resilience and proper carbon management of these river systems, an integrated program must be developed to maximize the carbon management of the systems as well as effectively use existing state and regional funding. -SEC. 2. -Chapter 10.5 (commencing with Section 5845) is added to Division 5 of the -Public Resources Code -, to read: -10.5. -The California River Revitalization and Greenway Development Act of 2015 -5845. -This chapter shall be known, and may be cited, as CalRIVER. -5846. -It is the intent of the Legislature that, in an effort to reduce greenhouse gas emissions and increase greenhouse gas sequestration, the state shall protect, restore, and enhance a network of river systems and their riparian corridors to increase water retention, improve water quality, improve urban greening and urban reforestation, reduce the heat-island effect, increase active transportation, such as biking and walking, improve nonmotorized mobility in the surrounding communities, and decrease vehicle miles traveled. -5847. -(a)The Natural Resources Agency shall establish a grant program for projects on or adjacent to riparian corridors that furthers the regulatory purposes of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and meets the requirements of the Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code). -(b)To be eligible for funding under the program, a project shall demonstrate that it will achieve a reduction in emissions of greenhouse gases. In selecting projects for funding, the Natural Resources Agency, in consultation with the State Air Resources Board, shall consider the extent to which a project reduces emissions of greenhouse gases. -(c)In evaluating grant applications for funding, the Natural Resources Agency shall, in addition to prioritizing projects pursuant to subdivision (b), consider the extent to which a project provides the greatest level of the following cobenefits: -(1)Recreational access to and improved human interaction with a river or riparian corridor, especially in urban corridors and park-starved communities. -(2)Improved transportation mobility, especially pedestrian, bicycle, and public transit. -(3)Economic viability of the surrounding community by promoting appropriate development, especially in an urban setting. -(4)Development of visitor-serving and interpretive facilities. -(5)Access and development of pocket parks, community gardens, demonstration gardens, and other urban greening. -(6)Species protections and the protection of habitat strongholds, including improved wildlife corridors. -(7)Improved resiliency in the face of unavoidable impacts from climate change. -(8)Improved water supply, flood protection, and water quality, including the water quality of impaired water bodies through river restoration. -(9)Job training and workforce development, especially projects that involve disadvantaged youth and veterans. -(10)Improved stormwater retention. -(d)Projects receiving funding pursuant to this chapter shall also be consistent with both of the following: -(1)The California Water Action Plan published by the Governor. -(2)The Safeguarding California Plan published by the Natural Resources Agency. -(e)Projects receiving funding pursuant to this chapter for flood protection shall be consistent, as applicable, with Chapter 4 (commencing with Section 8400) of Part 2 of Division 5, Part 6 (commencing with Section 9600) of Division 5, and Part 9 (commencing with Section 12980) of Division 6, of the Water Code. -(f)The Natural Resources Agency shall also prioritize funding pursuant to this chapter for projects with the following characteristics: -(1)Are consistent with a parkway, greenway, or urban greening plan. -(2)Leverage moneys from the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election. -(3)Provide recreational access and opportunities to major metropolitan areas of the state, including those that are relatively underserved by parks. -5848. -The CalRIVER fund is hereby created in the State Treasury to be administered by the Natural Resources Agency. The moneys in the CalRIVER Fund, upon appropriation by the Legislature, shall be expended by the Natural Resources Agency in accordance with this chapter. The Legislature may transfer moneys to the fund from bond proceeds and special funds, including, but not limited to, the Greenhouse Gas Reduction Fund, created by Section 16428.8 of the Government Code. -5849. -The secretary shall develop regulations, criteria, or procedural guidelines for the implementation of this chapter.","Existing law, as part of the hazardous waste control law, requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. Existing law requires the department to impose certain conditions on each hazardous waste facilities permit and authorizes the department to impose other conditions on a hazardous waste facilities permit, as specified. A violation of the hazardous waste control law is a crime. -This bill would require the department, within 90 days of receiving a renewal application for a hazardous waste facilities permit, to hold a public meeting for specified purposes in or near the community in which the hazardous waste facility is located. -Existing law prohibits the department from issuing or renewing a permit to operate a hazardous waste facility unless the owner or operator of the facility establishes and maintains financial assurances. -This bill would require the department to review the financial assurances required to operate a hazardous waste facility at least once every 5 years. If the department’s review finds the financial assurances for a facility to be inadequate, the bill would require the department to notify the owner or operator of the facility and would require the owner or operator to update and adopt adequate financial assurances within 90 days. -Because a violation of the bill’s requirements would be a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -Existing law establishes various plans and programs to preserve, protect, and rehabilitate lands adjacent to rivers in the state. -The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. -This bill would require the Natural Resources Agency to establish a grant program for projects on or adjacent to riparian corridors that, among other things, furthers the regulatory purposes of the California Global Warming Solutions Act of 2006 and to consider the extent to which a project reduces emissions of greenhouse gases and provides the greatest level of specified cobenefits. The bill would create the CalRIVER Fund in the State Treasury, with moneys in the fund to be available upon appropriation to implement the grant program. -The bill would require the secretary of the agency to develop regulations, criteria, or procedural guidelines for the implementation of the grant program.","An act to add Chapter 10.5 (commencing with Section 5845) to Division 5 of the Public Resources Code, relating to rivers. -An act to amend Section 25205 of, and to add Section 25200.1.3 to, the Health and Safety Code, relating to hazardous waste facilities." -753,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1250 of the Health and Safety Code is amended to read: -1250. -As used in this chapter, “health facility” means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer, and includes the following types: -(a) “General acute care hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services. A general acute care hospital may include more than one physical plant maintained and operated on separate premises as provided in Section 1250.8. A general acute care hospital that exclusively provides acute medical rehabilitation center services, including at least physical therapy, occupational therapy, and speech therapy, may provide for the required surgical and anesthesia services through a contract with another acute care hospital. In addition, a general acute care hospital that, on July 1, 1983, provided required surgical and anesthesia services through a contract or agreement with another acute care hospital may continue to provide these surgical and anesthesia services through a contract or agreement with an acute care hospital. The general acute care hospital operated by the State Department of Developmental Services at Agnews Developmental Center may, until June 30, 2007, provide surgery and anesthesia services through a contract or agreement with another acute care hospital. Notwithstanding the requirements of this subdivision, a general acute care hospital operated by the Department of Corrections and Rehabilitation or the Department of Veterans Affairs may provide surgery and anesthesia services during normal weekday working hours, and not provide these services during other hours of the weekday or on weekends or holidays, if the general acute care hospital otherwise meets the requirements of this section. -A “general acute care hospital” includes a “rural general acute care hospital.” However, a “rural general acute care hospital” shall not be required by the department to provide surgery and anesthesia services. A “rural general acute care hospital” shall meet either of the following conditions: -(1) The hospital meets criteria for designation within peer group six or eight, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982. -(2) The hospital meets the criteria for designation within peer group five or seven, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982, and has no more than 76 acute care beds and is located in a census dwelling place of 15,000 or less population according to the 1980 federal census. -(b) “Acute psychiatric hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care for persons with mental health disorders or other patients referred to in Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code, including the following basic services: medical, nursing, rehabilitative, pharmacy, and dietary services. -(c) (1) “Skilled nursing facility” means a health facility that provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. -(2) “Skilled nursing facility” includes a “small house skilled nursing facility (SHSNF),” as defined in Section 1323.5. -(d) “Intermediate care facility” means a health facility that provides inpatient care to ambulatory or nonambulatory patients who have recurring need for skilled nursing supervision and need supportive care, but who do not require availability of continuous skilled nursing care. -(e) “Intermediate care facility/developmentally disabled habilitative” means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, habilitation, developmental, and supportive health services to 15 or fewer persons with developmental disabilities who have intermittent recurring needs for nursing services, but have been certified by a physician and surgeon as not requiring availability of continuous skilled nursing care. -(f) “Special hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical or dental staff that provides inpatient or outpatient care in dentistry or maternity. -(g) “Intermediate care facility/developmentally disabled” means a facility that provides 24-hour personal care, habilitation, developmental, and supportive health services to persons with developmental disabilities whose primary need is for developmental services and who have a recurring but intermittent need for skilled nursing services. -(h) “Intermediate care facility/developmentally disabled-nursing” means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have intermittent recurring needs for skilled nursing care but have been certified by a physician and surgeon as not requiring continuous skilled nursing care. The facility shall serve medically fragile persons with developmental disabilities or who demonstrate significant developmental delay that may lead to a developmental disability if not treated. -(i) (1) “Congregate living health facility” means a residential home with a capacity, except as provided in paragraph (4), of no more than 18 beds, that provides inpatient care, including the following basic services: medical supervision, 24-hour skilled nursing and supportive care, pharmacy, dietary, social, recreational, and at least one type of service specified in paragraph (2). The primary need of congregate living health facility residents shall be for availability of skilled nursing care on a recurring, intermittent, extended, or continuous basis. This care is generally less intense than that provided in general acute care hospitals but more intense than that provided in skilled nursing facilities. -(2) Congregate living health facilities shall provide one or more of the following services: -(A) Services for persons who are mentally alert, persons with physical disabilities, who may be ventilator dependent. -(B) Services for persons who have a diagnosis of terminal illness, a diagnosis of a life-threatening illness, or both. Terminal illness means the individual has a life expectancy of six months or less as stated in writing by his or her attending physician and surgeon. A “life-threatening illness” means the individual has an illness that can lead to a possibility of a termination of life within five years or less as stated in writing by his or her attending physician and surgeon. -(C) Services for persons who are catastrophically and severely disabled. A person who is catastrophically and severely disabled means a person whose origin of disability was acquired through trauma or nondegenerative neurologic illness, for whom it has been determined that active rehabilitation would be beneficial and to whom these services are being provided. Services offered by a congregate living health facility to a person who is catastrophically disabled shall include, but not be limited to, speech, physical, and occupational therapy. -(3) A congregate living health facility license shall specify which of the types of persons described in paragraph (2) to whom a facility is licensed to provide services. -(4) (A) A facility operated by a city and county for the purposes of delivering services under this section may have a capacity of 59 beds. -(B) A congregate living health facility not operated by a city and county servicing persons who are terminally ill, persons who have been diagnosed with a life-threatening illness, or both, that is located in a county with a population of 500,000 or more persons, or located in a county of the 16th class pursuant to Section 28020 of the Government Code, may have not more than 25 beds for the purpose of serving persons who are terminally ill. -(5) A congregate living health facility shall have a noninstitutional, homelike environment. -(j) (1) “Correctional treatment center” means a health facility operated by the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or a county, city, or city and county law enforcement agency that, as determined by the department, provides inpatient health services to that portion of the inmate population who do not require a general acute care level of basic services. This definition shall not apply to those areas of a law enforcement facility that houses inmates or wards who may be receiving outpatient services and are housed separately for reasons of improved access to health care, security, and protection. The health services provided by a correctional treatment center shall include, but are not limited to, all of the following basic services: physician and surgeon, psychiatrist, psychologist, nursing, pharmacy, and dietary. A correctional treatment center may provide the following services: laboratory, radiology, perinatal, and any other services approved by the department. -(2) Outpatient surgical care with anesthesia may be provided, if the correctional treatment center meets the same requirements as a surgical clinic licensed pursuant to Section 1204, with the exception of the requirement that patients remain less than 24 hours. -(3) Correctional treatment centers shall maintain written service agreements with general acute care hospitals to provide for those inmate physical health needs that cannot be met by the correctional treatment center. -(4) Physician and surgeon services shall be readily available in a correctional treatment center on a 24-hour basis. -(5) It is not the intent of the Legislature to have a correctional treatment center supplant the general acute care hospitals at the California Medical Facility, the California Men’s Colony, and the California Institution for Men. This subdivision shall not be construed to prohibit the Department of Corrections and Rehabilitation from obtaining a correctional treatment center license at these sites. -(k) “Nursing facility” means a health facility licensed pursuant to this chapter that is certified to participate as a provider of care either as a skilled nursing facility in the federal Medicare Program under Title XVIII of the federal Social Security Act (42 U.S.C. Sec. 1395 et seq.) or as a nursing facility in the federal Medicaid Program under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), or as both. -(l) Regulations defining a correctional treatment center described in subdivision (j) that is operated by a county, city, or city and county, the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall not become effective prior to, or, if effective, shall be inoperative until January 1, 1996, and until that time these correctional facilities are exempt from any licensing requirements. -(m) “Intermediate care facility/developmentally disabled-continuous nursing (ICF/DD-CN)” means a homelike facility with a capacity of four to eight, inclusive, beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have continuous needs for skilled nursing care and have been certified by a physician and surgeon as warranting continuous skilled nursing care. The facility shall serve medically fragile persons who have developmental disabilities or demonstrate significant developmental delay that may lead to a developmental disability if not treated. ICF/DD-CN facilities shall be subject to licensure under this chapter upon adoption of licensing regulations in accordance with Section 1275.3. A facility providing continuous skilled nursing services to persons with developmental disabilities pursuant to Section 14132.20 or 14495.10 of the Welfare and Institutions Code shall apply for licensure under this subdivision within 90 days after the regulations become effective, and may continue to operate pursuant to those sections until its licensure application is either approved or denied. -(n) “Hospice facility” means a health facility licensed pursuant to this chapter with a capacity of no more than 24 beds that provides hospice services. Hospice services include, but are not limited to, routine care, continuous care, inpatient respite care, and inpatient hospice care as defined in subdivision (d) of Section 1339.40, and is operated by a provider of hospice services that is licensed pursuant to Section 1751 and certified as a hospice pursuant to Part 418 of Title 42 of the Code of Federal Regulations. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to immediately ensure that eligible patients of congregate living health facilities are able to obtain essential care, and to enable these facilities to provide care for patients currently on a waiting list, it is necessary that this act take effect immediately.","Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, including congregate living health facilities. A violation of these provisions is a misdemeanor. For this purpose, existing law defines “congregate living health facility” as a residential home with a capacity of no more than 12 beds, that provides inpatient care and skilled nursing care on a recurring, intermittent, extended, or continuous basis. -This bill would include in the definition of congregate living health facility a residential home with a capacity of no more than 18 beds that provides inpatient and skilled nursing care, as specified. By changing the definition of a crime, this bill would impose a state-mandated local program. The bill would make other technical, nonsubstantive changes. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 1250 of the Health and Safety Code, relating to health facilities, and declaring the urgency thereof, to take effect immediately." -754,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 2.7 (commencing with Section 15180) is added to Part 6 of Division 3 of Title 2 of the Government Code, to read: -CHAPTER 2.7. Offender Global Positioning System Database -15180. -It is the intent of the Legislature to provide for a statewide database to receive and house all Global Positioning System (GPS) device data for offenders monitored by criminal justice agencies throughout the state. Developing and implementing this database is a matter of public safety and statewide importance. Presently there is no ability for criminal justice agencies to access each other’s GPS device data to determine if an offender placed on GPS by one entity is in the proximity of another offender monitored by a different entity. A GPS database that can be accessed by criminal justice agencies will enhance supervision practices, promote rehabilitative services, assist investigations and ensure offender accountability and community safety. -15181. -The Department of Justice shall implement, operate, and maintain the Offender Global Positioning System Database for the use of criminal justice agencies. -15182. -As used in this chapter, the following terms are defined below: -(a) “Alert” means a notification from the database to the monitoring agency or user. -(b) “Database” means the Offender Global Positioning System Database as described in this chapter. -(c) “Global Positioning System device” or “GPS device” means a device that uses signals from satellites to determine an offender’s physical location with a high degree of accuracy. -(d) “Monitoring agency” means the criminal justice agency responsible, pursuant to statute or court order, for monitoring an offender. -(e) “Offender” means any person convicted of a crime and who is subject to GPS device monitoring by a criminal justice agency. -(f) “Reporting cycle” means the specified minimum interval at which a GPS device is to transmit data to the database. -(g) “User” means a criminal justice agency with a data connection to the database. -15183. -(a) On or before January 1, ______, the Department of Justice shall develop functional specifications and standards for offender GPS devices in compliance with the following objectives: -(1) The GPS device shall transmit GPS data information to the database at a specified reporting cycle. The GPS data information transmitted to the database shall include the following data elements: -(A) Latitude. -(B) Longitude. -(C) The offender’s full name. -(D) The offender’s date of birth. -(E) The monitoring entity’s contact information. -(F) The GPS device identification number. -(2) The GPS device shall be capable of receiving commands from the database to transmit the data information identified in paragraph (1) regardless of the device’s reporting cycle. -(b) On or before January 1, ____, the Department of Justice shall develop functional specifications and standards for the database in compliance with the following objectives: -(1) The database shall receive information from GPS devices to include the data elements in paragraph (1) of subdivision (a). -(2) The database shall permit users to track and view offender’s proximity to other offenders. -(3) The database shall permit users to create and use offender monitoring alert zones. These zones which are electronically demarcated during GPS monitoring, are as follows: -(A) An “inclusion zone” is a geographic area within which it is appropriate for an offender to be present. If the offender leaves this zone, an alert shall occur. -(B) An “exclusion zone” is a geographic area within which an offender is not permitted. If the offender enters this zone, an alert shall occur. -(C) An “investigation zone” is a specialized geographic area created by the monitoring agency or user where, if specified criteria are met, an alert shall occur. -(4) The database shall permit users to send a command to a GPS device or multiple GPS devices to transmit the data information identified in paragraph (1) of subdivision (a), regardless of the device’s reporting cycle. -(5) The database shall permit users to determine if one or more offenders are, or were, at or near a particular location during a specified time frame. -(c) The Department of Justice shall consult with the following entities and groups when developing the functional specifications and standards set forth in subdivisions (a) and (b): -(1) The Department of Corrections and Rehabilitation. -(2) Chief Probation Officers of California. -(3) The California Probation, Parole, and Correctional Association. -(4) The California Police Chiefs Association. -(5) The California Peace Officers’ Association. -(6) GPS device industry representatives. -(d) Each entity and group listed in subdivision (c) may designate a representative to work with the Department of Justice to develop the functional specifications and standards set forth in subdivisions (a) and (b). -(e) Criminal justice agencies that use GPS devices for monitoring offenders shall have the ability to select from different manufacturers and vendors, in accordance with any contracting policies, rules, and regulations governing their authority to contract for those services. The functional specifications and standards shall encourage multiple bidders and shall not have the effect of limiting the criminal justice agencies to choosing a GPS device that is able to be supplied by only one manufacturer or vendor. -(f) Except as provided in subdivision (g), a GPS device purchased or used for GPS monitoring of offenders in this state shall comply with the functional specifications and standards developed pursuant to subdivision (a). -(g) Subdivision (f) does not apply to any GPS devices purchased and used to monitor offenders pursuant to a contract entered into before January 1, ____. -(h) On a triennial basis, following implementation of the functional specifications and standards for GPS devices and the database, the Department of Justice shall consult with the entities and groups identified in subdivision (c) to determine if there are any improvements to the functional specifications and standards for GPS devices and the database needed to meet the needs of law enforcement and to take advantage of advancements in GPS monitoring. The database shall be designed to accommodate present and future data-processing equipment. -15184. -The Department of Justice shall provide, at state expense, connections to the database to one sheriff’s system and one probation department system in each county, hereinafter the “county systems.” Before providing the county systems with connections to the database, the Department of Justice shall adopt and publish for distribution, the operating policies, practices, and procedures for the database, and the security requirements for county systems connecting to the database. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires sex offenders to wear global positioning system (GPS) devices while on parole, and requires some of those offenders to wear those devices for life. -This bill would require the Department of Justice to establish an Offender Global Positioning System Database that would receive and store GPS device data for offenders monitored by criminal justice agencies throughout the state. The database would be required, among other capabilities, to receive specified data and to be able to send commands to a GPS device requiring the device to report data and to comply with other functional requirements. The department would be required to provide, at state expense, connections to the database to one sheriff’s system and one probation department system in each county for purposes of submitting data to the database. -By imposing additional duties on local law enforcement agencies in connection with the operation of the GPS database, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Chapter 2.7 (commencing with Section 15180) to Part 6 of Division 3 of Title 2 of the Government Code, relating to law enforcement." -755,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1203 of the Penal Code is amended to read: -1203. -(a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. As used in this code, “conditional sentence” means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. It is the intent of the Legislature that both conditional sentence and probation are authorized whenever probation is authorized in any code as a sentencing option for infractions or misdemeanors. -(b) (1) Except as provided in subdivision (j), if a person is convicted of a felony and is eligible for probation, before judgment is pronounced, the court shall immediately refer the matter to a probation officer to investigate and report to the court, at a specified time, upon the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment. -(2) (A) The probation officer shall immediately investigate and make a written report to the court of his or her findings and recommendations, including his or her recommendations as to the granting or denying of probation and the conditions of probation, if granted. -(B) Pursuant to Section 828 of the Welfare and Institutions Code, the probation officer shall include in his or her report any information gathered by a law enforcement agency relating to the taking of the defendant into custody as a minor, which shall be considered for purposes of determining whether adjudications of commissions of crimes as a juvenile warrant a finding that there are circumstances in aggravation pursuant to Section 1170 or to deny probation. -(C) If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation report recommends that registration be ordered at sentencing pursuant to Section 290.006, the probation officer’s report shall include the results of the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable. -(D) The probation officer may also include in the report his or her recommendation of both of the following: -(i) The amount the defendant should be required to pay as a restitution fine pursuant to subdivision (b) of Section 1202.4. -(ii) Whether the court shall require, as a condition of probation, restitution to the victim or to the Restitution Fund and the amount thereof. -(E) The report shall be made available to the court and the prosecuting and defense attorneys at least five days, or upon request of the defendant or prosecuting attorney nine days, prior to the time fixed by the court for the hearing and determination of the report, and shall be filed with the clerk of the court as a record in the case at the time of the hearing. The time within which the report shall be made available and filed may be waived by written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court. -A request for a continuance of the hearing based on a failure to make the report available to the parties within the deadlines specified above may be granted by the court only upon a finding of good cause. -(3) At a time fixed by the court, the court shall hear and determine the application, if one has been made, or, in any case, the suitability of probation in the particular case. At the hearing, the court shall consider any report of the probation officer, including the results of the SARATSO, if applicable, and shall make a statement that it has considered the report, which shall be filed with the clerk of the court as a record in the case. If the court determines that there are circumstances in mitigation of the punishment prescribed by law or that the ends of justice would be served by granting probation to the person, it may place the person on probation. If probation is denied, the clerk of the court shall immediately send a copy of the report to the Department of Corrections and Rehabilitation at the prison or other institution to which the person is delivered. -(4) The preparation of the report or the consideration of the report by the court may be waived only by a written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court, except that a waiver shall not be allowed unless the court consents thereto. However, if the defendant is ultimately sentenced and committed to the state prison, a probation report shall be completed pursuant to Section 1203c. -(c) If a defendant is not represented by an attorney, the court shall order the probation officer who makes the probation report to discuss its contents with the defendant. -(d) If a person is convicted of a misdemeanor, the court may either refer the matter to the probation officer for an investigation and a report or summarily pronounce a conditional sentence. If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation officer recommends that the court, at sentencing, order the offender to register as a sex offender pursuant to Section 290.006, the court shall refer the matter to the probation officer for the purpose of obtaining a report on the results of the State-Authorized Risk Assessment Tool for Sex Offenders administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable, which the court shall consider. If the case is not referred to the probation officer, in sentencing the person, the court may consider any information concerning the person that could have been included in a probation report. The court shall inform the person of the information to be considered and permit him or her to answer or controvert the information. For this purpose, upon the request of the person, the court shall grant a continuance before the judgment is pronounced. -(e) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any of the following persons: -(1) Unless the person had a lawful right to carry a deadly weapon, other than a firearm, at the time of the perpetration of the crime or his or her arrest, any person who has been convicted of arson, robbery, carjacking, burglary, burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, kidnapping, escape from the state prison, or a conspiracy to commit one or more of those crimes and who was armed with the weapon at either of those times. -(2) Any person who used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the crime of which he or she has been convicted. -(3) Any person who willfully inflicted great bodily injury or torture in the perpetration of the crime of which he or she has been convicted. -(4) Any person who has been previously convicted twice in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony. -(5) Unless the person has never been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, any person who has been convicted of burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, extortion, kidnapping, escape from the state prison, a violation of Section 286, 288, 288a, or 288.5, or a conspiracy to commit one or more of those crimes. -(6) Any person who has been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, if he or she committed any of the following acts: -(A) Unless the person had a lawful right to carry a deadly weapon at the time of the perpetration of the previous crime or his or her arrest for the previous crime, he or she was armed with a weapon at either of those times. -(B) The person used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the previous crime. -(C) The person willfully inflicted great bodily injury or torture in the perpetration of the previous crime. -(7) Any public official or peace officer of this state or any city, county, or other political subdivision who, in the discharge of the duties of his or her public office or employment, accepted or gave or offered to accept or give any bribe, embezzled public money, or was guilty of extortion. -(8) Any person who knowingly furnishes or gives away phencyclidine. -(9) Any person who intentionally inflicted great bodily injury in the commission of arson under subdivision (a) of Section 451 or who intentionally set fire to, burned, or caused the burning of, an inhabited structure or inhabited property in violation of subdivision (b) of Section 451. -(10) Any person who, in the commission of a felony, inflicts great bodily injury or causes the death of a human being by the discharge of a firearm from or at an occupied motor vehicle proceeding on a public street or highway. -(11) Any person who possesses a short-barreled rifle or a short-barreled shotgun under Section 33215, a machinegun under Section 32625, or a silencer under Section 33410. -(12) Any person who is convicted of violating Section 8101 of the Welfare and Institutions Code. -(13) Any person who is described in subdivision (b) or (c) of Section 27590. -(f) When probation is granted in a case which comes within subdivision (e), the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition. -(g) If a person is not eligible for probation, the judge shall refer the matter to the probation officer for an investigation of the facts relevant to determination of the amount of a restitution fine pursuant to subdivision (b) of Section 1202.4 in all cases where the determination is applicable. The judge, in his or her discretion, may direct the probation officer to investigate all facts relevant to the sentencing of the person. Upon that referral, the probation officer shall immediately investigate the circumstances surrounding the crime and the prior record and history of the person and make a written report to the court of his or her findings. The findings shall include a recommendation of the amount of the restitution fine as provided in subdivision (b) of Section 1202.4. -(h) If a defendant is convicted of a felony and a probation report is prepared pursuant to subdivision (b) or (g), the probation officer may obtain and include in the report a statement of the comments of the victim concerning the offense. The court may direct the probation officer not to obtain a statement if the victim has in fact testified at any of the court proceedings concerning the offense. -(i) A probationer shall not be released to enter another state unless his or her case has been referred to the Administrator of the Interstate Probation and Parole Compacts, pursuant to the Uniform Act for Out-of-State Probationer or Parolee Supervision (Article 3 (commencing with Section 11175) of Chapter 2 of Title 1 of Part 4) and the probationer has reimbursed the county that has jurisdiction over his or her probation case the reasonable costs of processing his or her request for interstate compact supervision. The amount and method of reimbursement shall be in accordance with Section 1203.1b. -(j) In any court where a county financial evaluation officer is available, in addition to referring the matter to the probation officer, the court may order the defendant to appear before the county financial evaluation officer for a financial evaluation of the defendant’s ability to pay restitution, in which case the county financial evaluation officer shall report his or her findings regarding restitution and other court-related costs to the probation officer on the question of the defendant’s ability to pay those costs. -Any order made pursuant to this subdivision may be enforced as a violation of the terms and conditions of probation upon willful failure to pay and at the discretion of the court, may be enforced in the same manner as a judgment in a civil action, if any balance remains unpaid at the end of the defendant’s probationary period. -(k) Probation shall not be granted to, nor shall the execution of, or imposition of sentence be suspended for, any person who is convicted of a violent felony, as defined in subdivision (c) of Section 667.5, or a serious felony, as defined in subdivision (c) of Section 1192.7, and who was on probation for a felony offense at the time of the commission of the new felony offense.","Existing law provides that, if a person is convicted of a felony and is eligible for probation, the court is required to refer the matter to a probation officer to create a probation sentencing report containing specified information that may be considered either in aggravation or mitigation of the punishment before judgment is pronounced. Existing law requires the probation sentencing report to be provided to the court and to the parties at least 5 days, or upon request of the defendant or prosecuting attorney, 9 days, before the sentencing hearing unless the deadline is waived by the parties, as specified. Existing law provides that generally, a person seeking to continue a hearing in a criminal proceeding is required to file and serve a written notice to all parties at least 2 court days before the hearing that is to be continued. -This bill would authorize a court to grant the defendant’s request for continuance when the probation department fails to provide the report by the 5-day or 9-day deadline only if the court finds good cause to grant the continuance.","An act to amend Section 1203 of the Penal Code, relating to probation." -756,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) State agencies contain great amounts of valuable information and reports on all aspects of life for Californians, including, but not limited to, health, business, public safety, labor data, transportation, parks, and recreation. -(b) New information technology has fundamentally changed the way people search for, and expect to find, information, and can aggregate large quantities of data to allow the state to provide information to the public with increasing efficiency and thoroughness. -(c) The state can use these powerful information technology tools to enhance public access to public data, thus making the state more transparent and promoting public trust. -(d) Ensuring the quality and consistency of public data is essential to maintaining its value and utility. -(e) It is the intent of the Legislature by this act to establish an open data policy for state agencies to post public data directly onto a central online Internet Web site at data.ca.gov and provide a single-stop access to public data that is owned, controlled, collected, or maintained by state agencies. -SEC. 2. -Chapter 5.8 (commencing with Section 11549.30) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: -CHAPTER 5.8. The California Open Data Act -Article 1. General Provisions -11549.30. -This chapter shall be known and may be cited as the California Open Data Act. -11549.32. -Unless the context requires otherwise, the following definitions shall apply to this chapter: -(a) “Public data” means all data that is collected by a state agency in pursuit of that state agency’s responsibilities that is otherwise subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). -(b) “State agency” has the same meaning as in Section 11000. -(c) “Strategic enterprise application plan” means a comprehensive program developed by a state agency, articulating both principles and goals related to the application of its services and programs to the current and future needs of enterprise in the state. -(d) “Strategic plan” means a state agency’s evaluation, over a period of up to five years, of its strategy and direction, including, but not limited to, a framework for decisionmaking with respect to resource allocation to achieve defined goals. -Article 2. Chief Data Officer -11549.34. -There is in state government the Chief Data Officer, who shall be appointed by, and serve at the pleasure of, the Governor. The Chief Data Officer shall report to the Secretary of Government Operations. -11549.36. -(a) The Chief Data Officer shall create an inventory of all available public data in the state. -(b) The Chief Data Officer shall establish an Internet Web portal at data.ca.gov to achieve the purposes of this chapter. -Article 3. Open Data Standard -11549.38. -(a) The Chief Data Officer shall establish the California Open Data Standard for state agencies to make public data available. A local government agency may adopt the standard. -(b) In establishing the California Open Data Standard pursuant to subdivision (a), the Chief Data Officer shall consult with the subject matter experts from all state agencies, organizations specializing in technology and innovation, the academic community, and other interested groups designated by the Chief Data Officer. -(c) The California Open Data Standard shall include, but not be limited to, all of the following: -(1) A format that permits public notification of all updates whenever possible. -(2) Requirements to update public data as often as is necessary to preserve the integrity and usefulness of public data to the extent that a state agency regularly maintains or updates public data. -(3) Availability of public data without any registration or license requirement, or restrictions on the use of public data. Registration or license requirements, or restriction on the use of public data do not include measures designed or required to ensure access to public data, protect the Internet Web site housing public data from abuse or attempts to damage or impair the use of the Internet Web site, or analyze the types of public data being accessed to improve service delivery. -(4) Ability of public data to be electronically searched using external information technology. -11549.40. -The Chief Data Officer may establish policies, standards, and guidelines to implement the California Open Data Standard. -11549.42. -On or before July 1, 2016, the Chief Data Officer shall create a Data Working Group composed of all the following: -(a) A data coordinator from each agency listed in Section 12800 who shall be appointed by the secretary of the agency. -(b) Two individuals with expertise in open data information technology, appointed by and who serve at the pleasure of, the Chief Data Officer. -11549.44. -(a) (1) On or before March 1, 2016, the Chief Data Officer shall prepare and publish a technical standards manual for publishing public data through the Internet Web portal by state agencies for the purpose of making public data available to the greatest number of users and for the greatest number of applications and shall, whenever practicable, use open standards for Internet Web publishing in a machine-readable format. -(2) The manual shall identify the policy for each technical standard and specify which types of data the standard applies to, and may recommend or require that public data be published in more than one technical standard. The manual shall include a plan to adopt or utilize an Internet Web application programming interface that permits application programs to request and receive public data directly from the Internet Web portal. The manual and related policies may be updated as necessary. -(b) The Chief Data Officer shall consult with organizations specializing in technology and innovation, the state agencies listed in Section 12800, academic institutions, and voluntary consensus standards bodies. Whenever feasible, the Chief Data Officer shall consult with these types of entities in the development of technical and open standards. -Article 4. Compliance -11549.46. -(a) A state agency that releases public data shall do so in compliance with this chapter and on the Internet Web portal that is linked to data.ca.gov or any successor Internet Web site maintained by, or on behalf of, the state for the purposes of this chapter. If a state agency cannot make all public data available on the Internet Web portal, the state agency shall report to the Chief Data Officer all the public data it is unable to make available, state the reasons why it is unable to do so, and the date by which the state agency expects the public data to be made available on the Internet Web portal. -(b) Public data shall be made available in accordance with technical standards established by the Chief Data Officer. -(c) On or before July 1, 2016, each state agency shall submit a strategic plan and a strategic enterprise application plan consistent with this chapter to the Chief Data Officer and shall make the plans available to the public on the Internet Web portal at data.ca.gov. Each state agency shall collaborate with the Chief Data Officer in formulating its plans. The strategic plan shall include all of the following: -(1) A summary description of public data under the control of the state agency on or after January 1, 2016. -(2) A summary explanation of how its plans, budgets, capital expenditures, contracts, and other related documents and information for each information technology and telecommunications project it proposes to undertake can be utilized to support the California Open Data Standard and related savings and efficiencies. The strategic plan shall prioritize public data for inclusion on the Internet Web portal on or before January 1, 2017, in accordance with the standards established by the Chief Data Officer. For purposes of prioritizing public data, a state agency shall consider whether public data does any of the following: -(i) Increases agency accountability and responsiveness. -(ii) Improves public knowledge of the state agency and its operations. -(iii) Furthers the mission of the state agency. -(iv) Creates economic opportunity. -(v) Responds to an online demand for the public data. -(vi) Responds to a need or demand identified by public consultation. -Article 5. Legal Policies -11549.48. -(a) The Chief Data Officer shall post the legal policies for the California Open Data Standard on the Internet Web portal. -(b) The Chief Data Officer may establish and maintain an online forum to solicit feedback from the public and to encourage discussion on the California Open Data Standard and public data available on the Internet Web portal. -(c) Use of the public data provided pursuant to this chapter shall be subject to all of the following legal policies: -(1) Public data available on the Internet Web portal are provided for informational purposes only. The state does not warrant the completeness, accuracy, content, or fitness for any particular purpose or use of any public data made available on the Internet Web portal, nor are any warranties to be implied or inferred with respect to the public data furnished pursuant to this chapter. -(2) The state is not liable for any deficiencies in the completeness, accuracy, content, or fitness for any particular purpose or use of any public data or any third-party application utilizing a public data. -(3) All public data shall be entirely in the public domain for purposes of applicable copyright laws. -SECTION 1. -It is the intent of the Legislature to enact legislation to strengthen the state’s commitment to an open and transparent government.","Existing law establishes the Department of Technology, within the Government Operations Agency, headed by the Director of Technology, who is also known as the State Chief Information Officer. The department is responsible for the approval and oversight of information technology projects in state government by, among other things, consulting with agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs and consider feasible alternatives to address the identified needs and benefits consistent with statewide strategies, policies, and procedures. -This bill would enact the California Open Data Act and create the position of the Chief Data Officer, who would be appointed by, and serve at the pleasure of, the Governor, and report to the Secretary of Government Operations. This bill would require the Chief Data Officer to establish the California Open Data Standard, as specified, and require state agencies to make public data, as defined, available on an Internet Web portal pursuant to that standard. This bill would authorize a local government to adopt that standard. This bill would require the Chief Data Officer to create a Data Working Group, composed of data coordinators from specific state agencies and 2 individuals with expertise in open data information technology, who are appointed by and serve at the pleasure of, the Chief Data Officer. This bill would further require each state agency, on or before July 1, 2016, to submit a strategic plan and a strategic enterprise application plan, as specified, to the Chief Data Officer and to post the reports on the Internet Web portal. This bill would also require specified legal policies for public data to be posted on the Internet Web portal. This bill would make legislative findings and declarations relating to this act. -Existing law requires, with specified exceptions, that all meetings of state and local government entities be open and public and that all persons be permitted to attend and participate. Existing law also requires that public records be open to inspection at all times during the office hours of a state or local government entity and that every person has a right to inspect any public record, except as specifically provided. -This bill would state the intent of the Legislature to enact legislation to strengthen the state’s commitment to an open and transparent government.","An act -to add Chapter 5.8 (commencing with Section 11549.30) to Part 1 of Division 3 of Title 2 of the Government Code, -relating to open government." -757,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 22513 of the Vehicle Code is amended to read: -22513. -(a) (1) It is a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, or to accrue charges for services furnished under those circumstances, unless requested to perform that service by a law enforcement officer or public agency pursuant to that agency’s procedures, or unless summoned to the scene or requested to stop by the owner or operator of a disabled vehicle. -(2) (A) A towing company or the owner or operator of a tow truck summoned to the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing prior to arriving at the scene: -(i) The first and last name and working telephone number of the person who summoned it to the scene. -(ii) The make, model, year, and license plate number of the disabled vehicle. -(iii) The date and time it was summoned to the scene. -(iv) The name of the person who obtained the information in clauses (i), (ii), and (iii). -(B) A towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle is exempt from the requirements of subparagraph (A), provided it possesses all of the following information in writing prior to arriving at the scene: -(i) The business name of the motor club. -(ii) The identification number the motor club assigns to the referral. -(iii) The date and time it was summoned to the scene by the motor club. -(3) A towing company or the owner or operator of a tow truck requested to stop at the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing upon arriving at the scene: -(A) The first and last name and working telephone number of the person who requested the stop. -(B) The make, model, and license plate number, if one is displayed, of the disabled vehicle. -(C) The date and time it was requested to stop. -(D) The name of the person who obtained the information in subparagraphs (A), (B), and (C). -(4) A towing company or the owner or operator of a tow truck summoned or requested by a law enforcement officer or public agency pursuant to that agency’s procedures to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, or that is expressly authorized to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, shall possess all of the following in writing before leaving the scene: -(A) The identity of the law enforcement agency or public agency. -(B) The log number, call number, incident number, or dispatch number assigned to the incident by law enforcement or the public agency, or the surname and badge number of the law enforcement officer, or the surname and employee identification number of the public agency employee. -(C) The date and time of the summons, request, or express authorization. -(5) For purposes of this section, “writing” includes electronic records. -(b) The towing company or the owner or operator of a tow truck shall make the written information described in subdivision (a) available to law enforcement, upon request, from the time it appears at the scene until the time the vehicle is towed and released to a third party, and shall maintain that information for three years. The towing company or owner or operator of a tow truck shall make that information available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. -(c) (1) Prior to attaching a vehicle to the tow truck, if the vehicle owner or operator is present at the time and location of the anticipated tow, the towing company or the owner or operator of the tow truck shall furnish the vehicle’s owner or operator with a written itemized estimate of all charges and services to be performed. The estimate shall include all of the following: -(A) The name, address, telephone number, and motor carrier permit number of the towing company. -(B) The license plate number of the tow truck performing the tow. -(C) The first and last name of the towing operator, and if different than the towing operator, the first and last name of the person from the towing company furnishing the estimate. -(D) A description and cost for all services, including, but not limited to, charges for labor, special equipment, mileage from dispatch to return, and storage fees, expressed as a 24-hour rate. -(2) The tow truck operator shall obtain the vehicle owner or operator’s signature on the itemized estimate and shall furnish a copy to the person who signed the estimate. -(3) The requirements in paragraph (1) may be completed after the vehicle is attached and removed to the nearest safe shoulder or street if done at the request of law enforcement or a public agency, provided the estimate is furnished prior to the removal of the vehicle from the nearest safe shoulder or street. -(4) The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make them available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. -(5) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle. -(6) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by law enforcement or a public agency pursuant to that agency’s procedures, and operating at the scene pursuant to a contract with that law enforcement agency or public agency. -(d) (1) Except as provided in paragraph (2), a towing company or the owner or operator of a tow truck shall not charge a fee for towing or storage, or both, of a vehicle in excess of the greater of the following: -(A) The fee that would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law enforcement agency that exercises primary jurisdiction in the city in which the vehicle was, or was attempted to be, removed, or if not located within a city, the law enforcement agency that exercises primary jurisdiction in the county in which the vehicle was, or was attempted to be, removed. -(B) The fee that would have been charged for that towing or storage, or both, under the rate approved for that towing operatorn 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. -(e) A person who willfully violates subdivision (b), (c), or (d) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment. -(f) This section shall not apply to the following: -(1) A vehicle owned or operated by, or under contract to, a motor club, as defined by Section 12142 of the Insurance Code, which stops to provide services for which compensation is neither requested nor received, provided that those services may not include towing other than that which may be necessary to remove the vehicle to the nearest safe shoulder. The owner or operator of that vehicle may contact a law enforcement agency or other public agency on behalf of a motorist, but may not refer a motorist to a tow truck owner or operator, unless the motorist is a member of the motor club, the motorist is referred to a tow truck owner or operator under contract to the motor club, and, if there is a dispatch facility that services the area and is owned or operated by the motor club, the referral is made through that dispatch facility. -(2) A tow truck operator employed by a law enforcement agency or other public agency. -(3) A tow truck owner or operator acting under contract with a law enforcement or other public agency to abate abandoned vehicles, or to provide towing service or emergency road service to motorists while involved in freeway service patrol operations, to the extent authorized by law. -SEC. 2. -Section 22513.1 is added to the Vehicle Code, to read: -22513.1. -(a) A business taking possession of a vehicle from a tow truck shall document the name, address, and telephone number of the towing company, the name and driver’s license number of the tow truck operator, the make, model, and license plate or Vehicle Identification Number, and the date and time that possession was taken of the vehicle. If the vehicle was dropped off after hours, the business shall obtain the information from the towing company the next day. -(b) The information required in this section shall be maintained for three years and shall be available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office. -(c) A person who willfully violates this section is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law makes it a misdemeanor for the owner or operator of a tow truck to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, or to furnish any towing services, unless summoned to the scene, requested to stop, or flagged down by the owner or operator of a disabled vehicle, or requested to perform the service by a law enforcement officer or public agency pursuant to that agency’s procedures. -This bill would, subject to exceptions, apply those provisions to a towing company. The bill would also require, in addition to being summoned to the scene or requested to stop by the owner or operator of a disabled vehicle, that the towing company or the owner or operator of the tow truck possess specified information in writing prior to arriving at the scene, or obtain specified information prior to leaving the scene, and would require that information to be made available to law enforcement, upon request, from the time the tow truck appears at the scene until the time the vehicle is towed and released to a third party. The bill would provide that a writing for this purpose includes an electronic record. -(2) Existing law also makes it a misdemeanor for the owner or operator of a tow truck to move any vehicle from a highway, street, or public property without the express authorization of the owner or operator of the vehicle or a law enforcement officer or public agency pursuant to that agency’s procedures, when the vehicle has been left unattended or when there is an injury as the result of an accident. -This bill would recast, and subject to exceptions, apply those provisions to a towing company. The bill would delete the requirement for the express authorization of the owner or operator of the vehicle. The bill would require the towing company or the owner or operator of the tow truck to obtain specified information and to make that information available to law enforcement, upon request, from the time the vehicle is attached to or loaded on to the tow truck until the time the vehicle is towed and released to a third party. -The bill would, subject to exceptions, and if the vehicle owner or operator is present, also require the towing company or the owner or operator of the tow truck to furnish the vehicle’s owner or operator with a written itemized estimate of all charges and services to be performed. Prior to removing the vehicle, the towing company or the owner or operator of the tow truck would be required to obtain the vehicle owner or operator’s signature on the itemized estimate, and to furnish a copy to the person who signed the estimate, as specified. -The bill would require a towing company or the owner or operator of a tow truck to maintain specified documents for 3 years and to make those documents available for inspection and copying within 48 hours of a written request by specified law enforcement and prosecutorial entities. The bill would also require a business taking possession of a vehicle from a tow truck to document specified information, to maintain those documents for 3 years, and to make those documents available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office. -The bill would provide, except for those provisions described in paragraph (1) above, that a willful violation of these requirements is a misdemeanor punishable by a fine not exceeding $2,500, or imprisonment in a county jail not exceeding 3 months, or both imprisonment and that fine. -By creating new crimes, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 22513 of, and to add Section 22513.1 to, the Vehicle Code, relating to vehicles." -758,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 52060 of the Education Code is amended to read: -52060. -(a) On or before July 1, 2014, the governing board of each school district shall adopt a local control and accountability plan using a template adopted by the state board. -(b) A local control and accountability plan adopted by the governing board of a school district shall be effective for a period of three years, and shall be updated on or before July 1 of each year. -(c) A local control and accountability plan adopted by the governing board of a school district shall include, for the school district and each school within the school district, both of the following: -(1) A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subdivision (d) and for any additional local priorities identified by the governing board of the school district. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in paragraphs (2) and (3) of subdivision (a) of Section 52052. -(2) A description of the specific actions the school district will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including the enumeration of any specific actions necessary for that year to correct any deficiencies in regard to the state priorities listed in paragraph (1) of subdivision (d). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the school district. -(d) All of the following are state priorities: -(1) The degree to which the teachers of the school district are appropriately assigned in accordance with Section 44258.9, and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the school district has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair, as defined in subdivision (d) of Section 17002. -(2) Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4, for purposes of gaining academic content knowledge and English language proficiency. -(3) The degree to which the certificated instructional personnel of the school district are offered -opportunity -opportunities -for professional development and -growth in effectiveness, including, but not necessarily limited to, the requirement to confer with a certificated employee making specific recommendations as to areas of improvement in the employee’s performance and endeavor to assist the employee in his or her performance, pursuant to Section 44664. -growth. -(4) Parental involvement, including efforts the school district makes to seek parent input in making decisions for the school district and each individual schoolsite, and including how the school district will promote parental participation in programs for unduplicated pupils and individuals with exceptional needs. -(5) Pupil achievement, as measured by all of the following, as applicable: -(A) Statewide assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or any subsequent assessment, as certified by the state board. -(B) The Academic Performance Index, as described in Section 52052. -(C) The percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University, or career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692. -(D) The percentage of English learner pupils who make progress toward English proficiency as measured by the California English Language Development Test or any subsequent assessment of English proficiency, as certified by the state board. -(E) The English learner reclassification rate. -(F) The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher. -(G) The percentage of pupils who participate in, and demonstrate college preparedness pursuant to, the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness. -(6) Pupil engagement, as measured by all of the following, as applicable: -(A) School attendance rates. -(B) Chronic absenteeism rates. -(C) Middle school dropout rates, as described in paragraph (3) of subdivision (a) of Section 52052.1. -(D) High school dropout rates. -(E) High school graduation rates. -(7) School climate, as measured by all of the following, as applicable: -(A) Pupil suspension rates. -(B) Pupil expulsion rates. -(C) Other local measures, including surveys of pupils, parents, and teachers on the sense of safety and school connectedness. -(8) The extent to which pupils have access to, and are enrolled in, a broad course of study that includes all of the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable, including the programs and services developed and provided to unduplicated pupils and individuals with exceptional needs, and the programs and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03. -(9) Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable. -(e) For purposes of the descriptions required by subdivision (c), the governing board of a school district may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subparagraph (J) of paragraph (4) of subdivision (a) of Section 52052 or any other reviews. -(f) To the extent practicable, data reported in a local control and accountability plan shall be reported in a manner consistent with how information is reported on a school accountability report card. -(g) The governing board of a school district shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the school district, parents, and pupils in developing a local control and accountability plan. -(h) A school district may identify local priorities, goals in regard to the local priorities, and the method for measuring the school district’s progress toward achieving those goals. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the governing board of each school district to adopt a local control and accountability plan and requires the governing board of a school district to update its local control and accountability plan before July 1 of each year. Existing law requires a local control and accountability plan to include, among other things, a description of the annual goals to be achieved for each state priority, as specified, for all pupils and certain subgroups of pupils. -This bill would add to the enumerated state priorities the degree to which the certificated instructional personnel of the school district are offered -opportunity -opportunities -for professional development and -growth in effectiveness, as specified. -growth. -By requiring the governing board of each school district to include additional information in the local control and accountability plan, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 52060 of the Education Code, relating to school accountability." -759,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 13515.30 of the Penal Code is amended to read: -13515.30. -(a) By July 1, 2015, the Commission on Peace Officer Standards and Training shall establish and keep updated a continuing education training course relating to law enforcement interaction with mentally disabled and developmentally disabled persons living within a state mental hospital or state developmental center. The training course shall be developed by the commission in consultation with appropriate community, local, and state organizations and agencies that have expertise in the area of mental illness and developmental disability, and with appropriate consumer and family advocate groups. In developing the course, the commission shall also examine existing courses certified by the commission that relate to mentally disabled and developmentally disabled persons. The commission shall make the course available to all law enforcement agencies in California, and the course shall be required for law enforcement personnel serving in law enforcement agencies with jurisdiction over state mental hospitals and state developmental centers, as part of the agency’s officer training program. -(b) The course described in subdivision (a) may consist of video-based or classroom instruction. The course shall include, at a minimum, core instruction in all of the following: -(1) The prevalence, cause, and nature of mental illnesses and developmental disabilities. -(2) The unique characteristics, barriers, and challenges of individuals who may be a victim of abuse or exploitation living within a state mental hospital or state developmental center. -(3) How to accommodate, interview, and converse with individuals who may require assistive devices in order to express themselves. -(4) Capacity and consent of individuals with cognitive and intellectual barriers. -(5) Conflict resolution and deescalation techniques for potentially dangerous situations involving mentally disabled or developmentally disabled persons. -(6) Appropriate language usage when interacting with mentally disabled or developmentally disabled persons. -(7) Community and state resources and advocacy support and services available to serve mentally disabled or developmentally disabled persons, and how these resources can be best utilized by law enforcement to benefit the mentally disabled or developmentally disabled community. -(8) The fact that a crime committed in whole or in part because of an actual or perceived disability of the victim is a hate crime punishable under Title 11.6 (commencing with Section 422.55) of Part 1. -(9) Information on the state mental hospital system and the state developmental center system. -(10) Techniques in conducting forensic investigations within institutional settings where jurisdiction may be shared. -(11) Examples of abuse and exploitation perpetrated by caregivers, staff, contractors, or administrators of state mental hospitals and state developmental centers, and how to conduct investigations in instances where a perpetrator may also be a caregiver or provider of therapeutic or other services. -(c) The commission shall, in collaboration with relevant stakeholders, study and submit a report to the Legislature, on or before December 31, 2017, that assesses the status of the course described in subdivision (a), assesses whether the course covers all appropriate topics, and identifies areas where additional training may be needed. -SEC. 2. -Section 13519.2 of the Penal Code is amended to read: -13519.2. -(a) The commission shall, on or before July 1, 1990, include in the basic training course for law enforcement officers, adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Officers who complete the basic training prior to July 1, 1990, shall participate in supplementary training on this topic. This supplementary training shall be completed on or before July 1, 1992. Further training courses to update this instruction shall be established, as deemed necessary by the commission. -(b) The course of instruction relating to the handling of developmentally disabled or mentally ill persons shall be developed by the commission in consultation with appropriate groups and individuals having an interest and expertise in this area. In addition to providing instruction on the handling of these persons, the course shall also include information on the cause and nature of developmental disabilities and mental illness, as well as the community resources available to serve these persons. -(c) The commission shall, in collaboration with relevant stakeholders, study and submit a report to the Legislature, on or before December 31, 2017, that assesses the status of the course described in subdivision (a), assesses whether the course covers all appropriate topics, and identifies areas where additional training may be needed. -SECTION 1. -It is the intent of the Legislature to enact legislation to increase the continuing mental health training standards for California peace officers.","Existing law requires the Commission on Peace Officer Standards and Training to establish and keep updated a continuing education classroom training course for peace officer interactions with persons with mental -illnesses or developmental -disabilities. Under existing law, this course consists of classroom instruction and utilizes interactive training methods to ensure that training is as realistic as possible. Under existing law, this course includes training in identifying indicators of mental disability, conflict resolution techniques, and alternatives to lethal force. -Existing law also requires the commission to develop, in consultation with specified entities, adequate instruction in the handling of persons with developmental disabilities or mental illnesses for inclusion in the basic training course for law enforcement officers. -This bill would require the commission, in collaboration with relevant stakeholders, to study and submit a report to the Legislature, on or before December 31, 2017, that assesses the statuses of the training courses described above, assesses whether the courses cover all appropriate topics, and identifies areas where additional training may be needed. -This bill would declare the intent of the Legislature to enact legislation to increase the continuing mental health training standards for California peace officers.","An act -to amend Sections 13515.30 and 13519.2 of the Penal Code, -relating to peace officer training." -760,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 66019.3 of the Education Code is amended to read: -66019.3. -(a) It is the intent of the Legislature to encourage the California Community Colleges, the California State University, and the University of California to disseminate information to foster care agencies regarding admissions requirements and financial aid. -(b) The Legislature requests the Regents of the University of California and the Trustees of the California State University to explore methods of using the admissions-by-exemption category to assist the transition of students who are homeless youth or foster youth into four-year public institutions of higher education. -SEC. 2. -Section 76010 of the Education Code is amended to read: -76010. -(a) In order to ensure that current and former homeless youth and current and former foster youth who are students at the campuses of the California Community Colleges have stable housing, each campus of the California Community Colleges that maintains student housing facilities is requested to give priority for housing to current and former homeless youth and current and former foster youth. In addition, each campus of the California Community Colleges that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, is requested to give first priority to current and former homeless youth and current and former foster youth for residence in the housing facilities that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current and former homeless youth and current and former foster youth for housing that is open for occupation during the most days in the calendar year. -(b) In addition, each campus of the California Community Colleges is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities. -(c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the California Community Colleges, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: -(1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. -(2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program. -(3) A financial aid administrator. -(d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission. -SEC. 3. -Section 90001.5 of the Education Code is amended to read: -90001.5. -(a) In order to ensure that current and former homeless youth and current and former foster youth who are students at campuses of the California State University have stable housing, each campus of the California State University that maintains student housing facilities shall give priority to current and former homeless youth and current and former foster youth. In addition, each campus of the California State University that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, shall first give priority to current and former homeless youth and current and former foster youth for residence in the housing facilities that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current and former homeless youth and current and former foster youth for housing that is open for occupation during the most days in the calendar year. -(b) In addition, each campus of the California State University is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities. -(c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the California State University, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: -(1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. -(2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program. -(3) A financial aid administrator. -(d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission. -SEC. 4. -Section 92660 of the Education Code is amended to read: -92660. -(a) In order to ensure that current and former homeless youth and current and former foster youth who are students at campuses of the University of California have stable housing, each campus of the University of California that maintains student housing facilities shall give priority to current and former homeless youth and current and former foster youth. In addition, each campus of the University of California that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, shall first give priority to current and former homeless youth and current and former foster youth for residence in the housing facilities for which they are eligible that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current or former homeless youth and current and former foster youth for residence in the housing facilities for which they are eligible that are open for occupation during the most days in the calendar year. -(b) In addition, a campus of the University of California is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities. -(c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the University of California, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: -(1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. -(2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program. -(3) A financial aid administrator. -(d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission. -(e) This section shall not apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make this section applicable.","Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the 3 segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes them to provide instruction to students at community college campuses. Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the other 2 segments of public postsecondary education in this state. -Existing law requests the regents and the trustees to explore methods of using the admissions-by-exemption category to assist the transition of students in foster care into 4-year public institutions of higher education. -This bill would request the regents and the trustees to provide that assistance to students who are homeless youth. -Existing law requests campuses of the California Community Colleges, requires campuses of the California State University, and requires campuses of the University of California, subject to its agreement by resolution, to do all of the following: (1) give priority for housing to current and former foster youth, and (2) as to campuses that maintain student housing facilities open for occupation during school breaks, or on a year-round basis, give first priority to current and former foster youth for residence in housing facilities that are open for uninterrupted year-round occupation and next give priority to current and former foster youth for housing that is open for occupation during the most days in the calendar year. -This bill would provide priority for campus housing to current and former homeless youth that is identical to that priority extended to current and former foster youth under existing law. This bill would request the campuses of the California Community Colleges, and would require the campuses of the California State University, and of the University of California, subject to its agreement by resolution, if they maintain student housing facilities, to provide housing in housing facilities that are open for uninterrupted year-round occupation to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and would request each campus of the California Community Colleges, the California State University, and the University of California to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources during and between academic terms, including during academic and campus breaks. This bill would define current and former homeless youth for each of these purposes.","An act to amend Sections 66019.3, 76010, 90001.5, and 92660 of the Education Code, relating to public postsecondary education." -761,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 44559.13 is added to the Health and Safety Code, to read: -44559.13. -(a) It is the intent of the Legislature in this act to create and fund the California Americans with Disabilities Small Business Capital Access Loan Program to assist small businesses in complying with the Americans with Disabilities Act. It is not the intent of the Legislature to assist the physical expansion of small businesses that includes modifications that comply with the Americans with Disabilities Act. The program shall be administered by the California Pollution Control Financing Authority and follow the terms and conditions for the Capital Access Loan Program for Small Businesses in this article with the additional program requirements specified under this section. -(b) For purposes of this section, unless the context requires otherwise, the following words and terms shall have the following meanings: -(1) “Americans with Disabilities Act” means the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) and amendments thereto. -(2) “California Americans with Disabilities Act Small Business Capital Access Loan Program Fund” or “fund” means a fund established and administered by the authority pursuant to Sections 44548 and 44549 to be used for purposes of this program. -(3) “Eligible cost” means and includes all or any part of the price of construction, purchase price of real or personal property, the price of demolishing or removing any buildings or structures, the price of all machinery and equipment, the amount of financing charges and interest prior to, during, and for a period not to exceed the later of one year or one year following completion of construction, as determined by the authority, the price of insurance during construction, the amount of funding or financing noncapital expenses, the amount of reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements, the price of engineering, financial, and legal services and other service contracts, the price of plans, specifications, studies, surveys, estimates, administrative expenses, and any other expenses of funding or financing, that are necessary and allocable to the eligible project, and shall not include costs not directly related to physical alterations necessary for compliance with the Americans with Disabilities Act. -(4) “Eligible project” means the physical alterations or retrofits to an existing small business facility of less than 10,000 square feet necessary to ensure that facility is in compliance with the Americans with Disabilities Act, and the financing necessary to pay eligible costs of the project. -(5) “Qualified loan” means a loan or portion of a loan as defined in subdivision (j) of Section 44559.1, where the proceeds of the loan or portion of the loan are limited to the eligible costs for an eligible project under this program, and where the loan or portion of the loan does not exceed fifty thousand dollars ($50,000). -(6) “Small business” or “qualified business” means a business referred to in subdivisions (i) and (m) of Section 44559.1, that meets the following additional criteria: -(A) Fifteen or fewer full-time equivalent employees. -(B) Less than one million dollars ($1,000,000) in total gross annual income from all sources. -(C) Does not provide overnight accommodations. -(c) (1) The California Americans with Disabilities Act Small Business Capital Access Loan Program Fund is established in the State Treasury for, and shall be administered by the authority pursuant to Sections 44548 and 44549 for, this program. Notwithstanding Section 13340 of the Government Code, all money in the fund is continuously appropriated to the authority for carrying out the purposes of this section. The authority may divide the fund into separate accounts. All moneys accruing to the authority pursuant to this section from any source shall be deposited into the fund. -(2) All moneys in the fund derived from any source shall be held in trust for the life of this program, subject to the program expenditures and costs of administering this section, as follows: -(A) Program expenditures shall include both of the following: -(i) Contributions paid by the authority in support of qualified loans. -(ii) Reasonable costs to educate the small business community and participating lenders about the program, including travel within the state. -(B) Administrative expenditures shall be limited to 5 percent of the initial appropriation plus 5 percent of all moneys recaptured, and shall include all of the following: -(i) Personnel costs. -(ii) Service and vending contracts necessary to carry out the program. -(iii) Other reasonable direct and indirect administrative costs. -(3) The authority may direct the Treasurer to invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code as the authority shall designate. The authority may direct the Treasurer to deposit moneys in interest-bearing accounts in state or national banks or other financial institutions having principal offices located in the state. The authority may alternatively require the transfer of moneys in the fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of the Government Code. All interest or other increment resulting from an investment or deposit shall be deposited into the fund, notwithstanding Section 16305.7 of the Government Code. Moneys in the fund shall not be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of the Government Code, excepting the Surplus Money Investment Fund. -(d) The authority shall adopt regulations pursuant to subdivision (c) of Section 44520 to implement the program, including provisions specific to this program as described in this section and further including provisions to: -(1) Establish a new loss reserve account for each participating lender enrolling loans in this program. -(2) Obtain a certification from each participating lender and small business upon enrollment of a qualified loan that the proceeds of the loan will be used for the eligible costs of an eligible project. -(3) Contribute an additional incentive from the fund for each loan enrolled for a qualified business located in a severely affected community. -(4) Restrict the enrollment of a qualified loan in any other Capital Access Loan Program for small business offered by the authority as long as funds are available for this program. -(5) Limit the term of loss coverage for each qualified loan to no more than five years. -(6) Recapture from the loss reserve account the authority’s contribution for each enrolled loan upon the maturation of such loan or after five years from the date of enrollment, whichever happens first, to be deposited in the fund and applied to future program and administrative expenditures. -SEC. 2. -The sum of ten million dollars ($10,000,000) is hereby transferred from the General Fund to the California Americans with Disabilities Act Small Business Capital Access Loan Program Fund for the purposes of funding loss reserve accounts and administering the program pursuant to the California Americans with Disabilities Act Small Business Capital Access Loan Program.","Existing law provides various programs to expand access to persons with disabilities and promote compliance with the federal Americans with Disabilities Act of 1990. -Existing law establishes the Capital Access Loan Program, which is administered by the California Pollution Control Financing Authority (authority) to assist small businesses to finance the costs of complying with environmental mandates and the remediation of contamination on their properties. -This bill would establish the California Americans with Disabilities Act Small Business Capital Access Loan Program within the Capital Access Loan Program, to create a self-sustaining program to provide loans to assist small businesses in financing the costs of projects that alter or retrofit existing small business facilities, meeting specified criteria, to comply with the federal Americans with Disabilities Act. -This bill would authorize the authority to administer the program, including adopting regulations, and controlling funds appropriated for the program, as specified. -This bill would establish the California Americans with Disabilities Act Small Business Capital Access Loan Program Fund, as a continuously appropriated fund, and require the authority to use the fund for all its purposes. This bill would also transfer $10,000,000 from the General Fund to the California Americans with Disabilities Act Small Business Capital Access Loan Program Fund.","An act to add Section 44559.13 to the Health and Safety Code, relating to small business, and making an appropriation therefor." -762,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 8547.2 of the Government Code is amended to read: -8547.2. -For the purposes of this article, the following terms have the following meanings: -(a) “Employee” means an individual appointed by the Governor, or employed or holding office in a state agency as defined by Section 11000, including, for purposes of Sections 8547.3 to 8547.7, inclusive, an employee of the California State University, or an individual appointed by the Legislature to a state board or commission and who is not a Member or employee of the Legislature. In addition, “employee” means a person employed by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts for the purposes of Sections 8547.3 to 8547.7, inclusive, and Section 8547.13, except for those provisions of Section 8547.4 concerning notice of adverse action and the State Personnel Board. “Employee” includes a former employee who met the criteria of this subdivision during his or her employment. -(b) “Illegal order” means a directive to violate or assist in violating a federal, state, or local law, rule, or regulation, or an order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public. -(c) “Improper governmental activity” means an activity by a state agency or by an employee that is undertaken in the performance of the employee’s duties, undertaken inside a state office, or, if undertaken outside a state office by the employee, directly relates to state government, whether or not that activity is within the scope of his or her employment, and that (1) is in violation of any state or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty, (2) is in violation of an Executive order of the Governor, a California Rule of Court, or any policy or procedure mandated by the State Administrative Manual or State Contracting Manual, or (3) is economically wasteful, involves gross misconduct, incompetency, or inefficiency. For purposes of Sections 8547.4, 8547.5, 8547.7, 8547.10, and 8547.11, “improper governmental activity” includes any activity by the University of California or by an employee, including an officer or faculty member, who otherwise meets the criteria of this subdivision. For purposes of Sections 8547.4, 8547.5, and 8547.13, “improper governmental activity” includes any activity by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts, or by an employee thereof, who otherwise meets the criteria of this subdivision. -(d) “Person” means an individual, corporation, trust, association, a state or local government, or an agency or instrumentality of any of the foregoing. -(e) “Protected disclosure” means a good faith communication, including a communication based on, or when carrying out, job duties, that discloses or demonstrates an intention to disclose information that may evidence (1) an improper governmental activity, or (2) a condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition. Protected disclosure specifically includes a good faith communication to the -California -State Auditor’s Office alleging an improper governmental activity and any evidence delivered to the -California -State Auditor’s Office in support of the allegation. “Protected disclosure” also includes, but is not limited to, a complaint made to the Commission on Judicial Performance. -(f) “State agency” is defined by Section 11000. “State agency” includes the University of California for purposes of Sections 8547.5 to 8547.7, inclusive, -and Section 8547.16, -and the California State University for purposes of Sections 8547.3 to 8547.7, -inclusive. -inclusive, and Section 8547.16. -Sections 8547.3 to 8547.7, inclusive, shall apply to the Supreme Court, the courts of appeal, the superior courts, and the Administrative Office of the Courts in the same manner as they apply to a state agency. -SECTION 1. -SEC. 2. -Section 8547.16 is added to the Government Code, to read: -8547.16. -Any -(a) A -state agency that utilizes a whistleblower investigation policy separate from this article shall publicly report, in the manner in which the State Auditor is authorized to publicly report pursuant to subdivision (c) of Section 8547.7, any investigation of a whistleblower complaint that has substantiated improper governmental activities. -(b) This section shall not be deemed to require the disclosure of a public record that is otherwise not required to be disclosed pursuant to any other state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).","The California Whistleblower Protection Act requires the State Auditor to administer the act and to investigate and report on improper governmental activities, as defined. The act requires the State Auditor to establish a means of submitting allegations of improper governmental activity, and generally requires the State Auditor to keep confidential every investigation, including all investigative files and work -product. -The -product. The -act authorizes the State Auditor to issue a public report of an investigation that has substantiated an improper governmental activity, keeping confidential the identity of the employee or employees involved. The act -also -further -authorizes the State Auditor to release any findings or evidence supporting any findings resulting from an investigation whenever the State Auditor determines it necessary to serve the interests of the state. -This bill would require a state -agency -agency, as defined, -that utilizes a whistleblower investigation policy separate from the act to publicly report, in the manner in which the State Auditor is authorized to publicly report, any investigation of a whistleblower complaint that has substantiated improper government activities. -The bill would specify that its provisions shall not be deemed to require the disclosure of a public record that is otherwise not required to be disclosed pursuant to any other state law.","An act -to amend Section 8547.2 of, and -to add Section 8547.16 -to -to, -the Government Code, relating to improper governmental activities." -763,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 65850.7 is added to the Government Code, to read: -65850.7. -(a) The Legislature finds and declares all of the following: -(1) The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern. -(2) It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations. -(3) It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use. -(4) It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for charging stations so long as the action does not supersede the building official’s authority to identify and address higher priority life-safety situations. -(b) A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit. -(c) A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. -(d) The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county. -(e) Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. -(f) (1) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities. -(2) An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. -(g) (1) On or before September 30, 2016, every city, county, or city and county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. An application submitted to a city, county, or city and county that owns and operates an electric utility shall demonstrate compliance with the utility’s interconnection policies prior to approval. -(2) The checklist and required permitting documentation shall be published on a publicly accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required. -(h) A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code. -(i) The following definitions shall apply to this section: -(1) “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit. -(2) “Electronic submittal” means the utilization of one or more of the following: -(A) Email. -(B) The Internet. -(C) Facsimile. -(3) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. -(4) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a general plan for the physical development of the county or city and authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities. Existing law, the Electric Vehicle Charging Stations Open Access Act, prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, and prohibits a requirement for persons to obtain membership in any club, association, or organization as a condition of using the station, except as specified. -The bill would require a city, county, or city and county to approve an application for the installation of electric vehicle charging stations, as defined, through the issuance of specified permits unless the city or county makes specified written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The bill would provide for appeal of that decision to the planning commission, as specified. The bill would provide that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern. The bill would require electric vehicle charging stations to meet specified standards. The bill would require a city, county, or city and county with a population of 200,000 or more residents to adopt an ordinance, by September 30, 2016, that creates an expedited and streamlined permitting process for electric vehicle charging stations, as specified. The bill would require a city, county, or city and county with a population of less than 200,000 residents to adopt this ordinance by September 30, 2017. The ercase"">MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES -Bill Text -The people of the State of California do enact as follows: - - -SECTION 1. -Section 65850.7 is added to the Government Code, to read: -65850.7. -(a) The Legislature finds and declares all of the following: -(1) The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern. -(2) It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations. -(3) It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use. -(4) It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for charging stations so long as the action does not supersede the building official’s authority to identify and address higher priority life-safety situations. -(b) A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit. -(c) A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. -(d) The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county. -(e) Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. -(f) (1) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities. -(2) An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. -(g) (1) On or before September 30, 2016, every city, county, or city and county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. An application submitted to a city, county, or city and county that owns and operates an electric utility shall demonstrate compliance with the utility’s interconnection policies prior to approval. -(2) The checklist and required permitting documentation shall be published on a publicly accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required. -(h) A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code. -(i) The following definitions shall apply to this section: -(1) “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit. -(2) “Electronic submittal” means the utilization of one or more of the following: -(A) Email. -(B) The Internet. -(C) Facsimile. -(3) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. -(4) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","An act to add Section 65850.7 to the Government Code, relating to local ordinances." -764,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1027 of the Penal Code is amended to read: -1027. -(a) When a defendant pleads not guilty by reason of insanity the court shall -select and appoint two, and may select and appoint three, psychiatrists, or licensed psychologists who have a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders, -appoint an evaluation panel that has been convened pursuant to Section 7233 of the Welfare and Institutions Code -to examine the defendant and investigate his or her mental status. It is the duty of the -psychiatrists or psychologists selected and appointed -evaluation panel -to make the examination and investigation, and to testify, whenever summoned, in any proceeding in which the sanity of the defendant is in question. The -psychiatrists or psychologists appointed by the court -members of the evaluation panel -shall be allowed, in addition to their actual traveling expenses, those fees that in the discretion of the court seem just and reasonable, having regard to the services rendered by the witnesses. The fees allowed shall be paid by the county where the indictment was found or in which the defendant was held for -trial. -trial to the State Department of State Hospitals. -(b) Any report on the examination and investigation made pursuant to subdivision (a) shall include, but not be limited to, the psychological history of the defendant, the facts surrounding the commission of the acts forming the basis for the present charge used by the -psychiatrist or psychologist -evaluation panel -in making -his or her -the panel’s -examination of the defendant, the present psychological or psychiatric symptoms of the defendant, if any, the substance abuse history of the defendant, the substance use history of the defendant on the day of the offense, a review of the police report for the offense, and any other credible and relevant material reasonably necessary to describe the facts of the offense. -(c) This section does not presume that -a psychiatrist or psychologist -an evaluation panel -can determine whether a defendant was sane or insane at the time of the alleged offense. This section does not limit a court’s discretion to admit or exclude, pursuant to the Evidence Code, psychiatric or psychological evidence about the defendant’s state of mind or mental or emotional condition at the time of the alleged offense. -(d) Nothing contained in this section shall be deemed or construed to prevent any party to any criminal action from producing any other expert evidence with respect to the mental status of the defendant. If expert witnesses are called by the district attorney in the action, they shall only be entitled to those witness fees as may be allowed by the court. -(e) -Any psychiatrist or psychologist -The members of an evaluation panel -appointed by the court may be called by either party to the action or by the court, and shall be subject to all legal objections as to competency and bias and as to qualifications as an expert. When called by the court or by either party to the action, the court may examine the -psychiatrist or psychologist, -members of the evaluation panel, -as deemed necessary, but either party shall have the same right to object to the questions asked by the court and the evidence adduced as though the -psychiatrist or psychologist -members of the panel -were -a witness -witnesses -for the adverse party. When -a member of -the -psychiatrist or psychologist -panel -is called and examined by the court, the parties may cross-examine him or her in the order directed by the court. When called by either party to the action, the adverse party may examine him or her the same as in the case of any other witness called by the party. -SEC. 2. -Section 1369 of the Penal Code is amended to read: -1369. -Except as stated in subdivision (g), a trial by court or jury of the question of mental competence shall proceed in the following order: -(a) The court shall appoint -a psychiatrist or licensed psychologist, -an evaluation panel that has been convened pursuant to Section 7233 of the Welfare and Institutions Code, -and any other expert -with forensic experience -the court may deem appropriate, to examine the defendant. In any case -where -in which -the defendant or the defendant’s counsel informs the court that the defendant is not seeking a finding of mental incompetence, the -court shall appoint two psychiatrists, licensed psychologists, or a combination thereof. One of the psychiatrists or licensed psychologists may be named by the -defense and -one may be named by the prosecution. -defense and the prosecution shall each confer with the State Department of State Hospitals regarding the selection of the panelists. -The examining -psychiatrists or licensed psychologists -panelists -shall evaluate the nature of the defendant’s mental disorder, if any, the defendant’s ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental disorder and, if within the scope of their licenses and appropriate to their opinions, whether or not treatment with antipsychotic medication is medically appropriate for the defendant and whether antipsychotic medication is likely to restore the defendant to mental competence. If an examining -psychologist -panelist -is of the opinion that antipsychotic medication may be medically appropriate for the defendant and that the defendant should be evaluated by a psychiatrist to determine if antipsychotic medication is medically appropriate, the -psychologist -panelist -shall inform the court of this opinion and his or her recommendation as to whether a psychiatrist should examine the defendant. The examining -psychiatrists or licensed psychologists -panelists -shall also address the issues of whether the defendant has capacity to make decisions regarding antipsychotic medication and whether the defendant is a danger to self or others. If the defendant is examined by a psychiatrist and the psychiatrist forms an opinion as to whether or not treatment with antipsychotic medication is medically appropriate, the psychiatrist shall inform the court of his or her opinions as to the likely or potential side effects of the medication, the expected efficacy of the medication, possible alternative treatments, and whether it is medically appropriate to administer antipsychotic medication in the county jail. If it is suspected the defendant is developmentally disabled, the court shall appoint the director of the regional center for the developmentally disabled established under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code, or the designee of the director, to examine the defendant. The court may order the developmentally disabled defendant to be confined for examination in a residential facility or state hospital. -The regional center director shall recommend to the court a suitable residential facility or state hospital. Prior to issuing an order pursuant to this section, the court shall consider the recommendation of the regional center director. While the person is confined pursuant to order of the court under this section, he or she shall be provided with necessary care and treatment. -(b) (1) The counsel for the defendant shall offer evidence in support of the allegation of mental incompetence. -(2) If the defense declines to offer any evidence in support of the allegation of mental incompetence, the prosecution may do so. -(c) The prosecution shall present its case regarding the issue of the defendant’s present mental competence. -(d) Each party may offer rebutting testimony, unless the court, for good reason in furtherance of justice, also permits other evidence in support of the original contention. -(e) When the evidence is concluded, unless the case is submitted without final argument, the prosecution shall make its final argument and the defense shall conclude with its final argument to the court or jury. -(f) In a jury trial, the court shall charge the jury, instructing them on all matters of law necessary for the rendering of a verdict. It shall be presumed that the defendant is mentally competent unless it is proved by a preponderance of the evidence that the defendant is mentally incompetent. The verdict of the jury shall be unanimous. -(g) Only a court trial is required to determine competency in any proceeding for a violation of probation, mandatory supervision, postrelease community supervision, or parole. -SEC. 3. -Section 7233 is added to the Welfare and Institutions Code, to read: -7233. -(a) The State Department of State Hospitals shall establish a pool of psychiatrists and psychologists with forensic skills who are employees of the department from which evaluation panels shall be created pursuant to subdivision (b). -(b) The department shall create evaluation panels with each panel consisting of three to five forensic psychiatrists or psychologists from the pool created in subdivision (a).","Existing law establishes the State Department of State Hospitals for the administration of state hospitals and provides for the involuntary confinement of certain individuals in those state hospitals, including a defendant who has been found mentally incompetent to stand trial or who has been found to be insane at the time he or she committed the crime. Existing law requires a court, when a defendant pleads not guilty by reason of insanity, or if there is a question as to the defendant’s mental competence, to appoint a specified number of psychiatrists or psychologists to examine the defendant. -This bill would require the State Department of State Hospitals to establish, within the department, a pool of psychiatrists and psychologists with forensic skills, and would require the department to create evaluation panels from the pool of psychiatrists and psychologists, as specified. The bill would require the court to order an evaluation panel to evaluate a defendant who pleads not guilty by reason of insanity or who may be mentally incompetent. The bill would also make conforming changes.","An act to amend Sections 1027 and 1369 of the Penal Code, and to add Section 7233 to the Welfare and Institutions Code, relating to state hospitals." -765,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Research shows that children who eat breakfast have improved cognitive function, demonstrate higher academic achievement, exhibit better behavior, and have healthier diets, as compared to children who do not eat breakfast. -(b) Research also shows that breakfasts served at school are generally more nutritious than breakfasts served at home. -(c) Each -school day, -schoolday, -2.2 million of the state’s low-income pupils miss out on the health and academic benefits of school breakfasts and, in total, 4.3 million of California’s public school pupils miss out on school -breakfast -breakfasts -each schoolday. -(d) Serving breakfast after the start of the schoolday has been shown to significantly improve school breakfast participation, yield fiscal benefits, and improve the learning environment for all pupils by decreasing absenteeism, tardiness, reports of hunger-related illness, and disciplinary issues. -(e) The federal School Breakfast Program enables school districts to draw on federal funds designated to serve low-income pupils. If the federal School Breakfast Program reached as many low-income pupils as the federal National School Lunch Program, California’s public schools would receive an additional $344 million in federal meal reimbursements, providing essential resources to the state’s most vulnerable children. -(f) Fiscal research shows that increasing participation in the federal School Breakfast Program immediately and positively impacts the California economy by distributing federal funds to school districts, increasing local employment, and increasing purchases of food and equipment. -(g) Given the academic, health, and fiscal benefits of school breakfasts, high-need schools serving low-income pupils should make breakfast readily available and accessible during the schoolday. -SEC. 2. -Section 49550 of the Education Code is amended to read: -49550. -Notwithstanding any other law: -(a) A school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, shall provide for each pupil who is a needy child as defined in Section 49552 one nutritionally adequate free or reduced-price meal during each schoolday, except for family day care homes that shall be reimbursed for 75 percent of the meals served. -(b) In order to comply with subdivision (a), a school district or county office of education may use funds that are available through any federal or state program the purpose of which includes the provision of meals to a pupil, including, but not necessarily limited to, the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or may do so at the expense of the school district or county office of education. -(c) Each school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, shall provide breakfast for its pupils in accordance with the following: -(1) From July 1, 2016, to June 30, 2017, inclusive, if at least 40 percent of the pupils enrolled in a school are needy children as defined in Section 49552, a nutritionally adequate breakfast shall be made available to pupils each schoolday. This breakfast may be offered either for sale or at no cost to the pupils. No pupil shall be required to consume a meal. Commencing on July 1, 2017, the requirements of this paragraph shall apply only to schools where at least 40 percent, but less than 60 percent, of the pupils enrolled in that school are needy children as defined in Section 49552. -(2) (A) From July 1, 2017, to June 30, 2018, inclusive, if at least 60 percent of the pupils enrolled in a school are needy children as defined in Section 49552, the school shall comply with both of the following requirements: -(i) A nutritionally adequate breakfast shall be made available to each pupil each schoolday. The school may make this breakfast available either for sale or at no cost to the pupils. No pupil shall be required to consume a meal. -(ii) The breakfast provided pursuant to clause (i) shall be available to pupils after instruction has begun for the schoolday. -(B) On and after July 1, 2018, the requirements of subparagraph (A) shall apply only to schools where at least 60 percent, but less than 80 percent, of the pupils enrolled in that school are needy children as defined in Section 49552. -(3) On and after July 1, 2018, if at least 80 percent of the pupils enrolled in a school are needy children as defined in Section 49552, the school shall comply with both of the following requirements: -(A) A nutritionally adequate breakfast shall be made available to pupils each schoolday. This breakfast shall be offered at no cost to the pupils. No pupil shall be required to consume a meal. -(B) The breakfast provided pursuant to subparagraph (A) shall be available to pupils after instruction has begun for the schoolday. -(d) As used in this section, “after instruction has begun for the schoolday” means after the time the schoolday has begun for a majority of the pupils enrolled at that school. -(e) This section shall not be construed to require a school to set aside instructional time for the purpose of serving breakfast. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires each school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide one nutritionally adequate free or reduced-price meal for each needy pupil during each schoolday, except as specified. Existing law authorizes a school district or county office of education to use funds made available through any applicable federal or state program or to use its own funds to provide the required meals. -This bill would express legislative findings and declarations relating to the federal School Breakfast Program. -The bill, from July 1, 2016, to June 30, 2017, inclusive, would require each school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, to make a nutritionally adequate breakfast available for all of the pupils in a school, when at least 40% of the pupils enrolled at the school are needy children, as defined. On and after July 1, 2017, these requirements would apply only to schools where at least 40%, but less than 60%, of the pupils enrolled in that school are needy children. -The bill, from July 1, 2017, to June 30, 2018, inclusive, with respect to schools where at least 60% of the pupils enrolled at the school are needy children, would additionally require these nutritionally adequate breakfasts to be available to pupils after instruction has begun for the schoolday, as defined. On and after July 1, 2018, these requirements would apply only to schools where at least 60%, but less than 80%, of the pupils enrolled in that school are needy children. -The bill, on and after July 1, 2018, with respect to schools where at least 80% of the pupils enrolled at the school are needy children, would additionally require these nutritionally adequate breakfasts to be available to pupils, at no cost to the pupil, after instruction has begun for the schoolday, as defined. -The bill would also specify that these provisions shall not be construed to require a school to set aside instructional time for the purpose of serving breakfast. -To the extent that this bill would create new duties for school districts and county offices of education, it would constitute a state-mandated local program. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 49550 of the Education Code, relating to pupil nutrition." -766,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 39719 of the Health and Safety Code is amended to read: -39719. -(a) The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712. -(b) To carry out a portion of the requirements of subdivision (a), annual proceeds are continuously appropriated for the following: -(1) Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as following: -(A) Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code. -(B) Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Funds shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code. -(C) Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds, shall be expended for affordable housing, consistent with the provisions of that program. -(2) Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code: -(A) Acquisition and construction costs of the project. -(B) Environmental review and design costs of the project. -(C) Other capital costs of the project. -(D) Repayment of any loans made to the authority to fund the project. -(3) Beginning in the 2016–17 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the Department of Water Resources to comply with the requirements of Chapter 4.5 (commencing with Section 430) of Division 1 of the Water Code. -(c) In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the funds subject to Section 39719.1 shall not be included. -SEC. 2. -Chapter 4.5 (commencing with Section 430) is added to Division 1 of the Water Code, to read: -CHAPTER 4.5. Water Storage and Reliability -430. -(a) On or before January 1, 2017, the Department of Water Resources, after one or more public workshops, shall identify the current statewide water storage capacity, including local, state, and federal projects, and prepare a strategy and implementation plan to achieve an expansion in statewide water storage capacity of 25 percent by January 1, 2025, and 50 percent by January 1, 2050. -(b) The Department of Water Resources shall provide a copy of the strategy and implementation plan to the appropriate policy committees of the Legislature and publish this information on the Department of Water Resources’ publicly available Internet Web site. -(c) On January 1, 2018, and every two years thereafter, until January 1, 2050, the Department of Water Resources shall update the strategy and implementation plan to reflect any changes made to the strategy and plan. -(d) The Department of Water Resources shall provide a copy of the updated strategy and implementation plans required pursuant to subdivision (c) to the appropriate policy committees of the Legislature and publish this information on the Department of Water Resources’ publicly available Internet Web site. -431. -(a) The Department of Water Resources shall increase the state’s total water storage capacity by 25 percent by January 1, 2025, and by 50 percent by January 1, 2050. -(b) The increase in water storage capacity required pursuant to subdivision (a) may be accomplished through a mix of both surface water and groundwater storage projects, including, but not limited to, all of the following: -(1) Surface water storage projects identified in the CALFED Bay-Delta Program Record of Decision, dated August 28, 2000, except for projects prohibited by Chapter 1.4 (commencing with Section 5093.50) of Division 5 of the Public Resources Code. -(2) Local and regional surface water storage projects. -(3) Groundwater storage projects and groundwater contamination prevention or remediation projects that provide water storage benefits. -(4) Conjunctive use and reservoir reoperation projects. -432. -(a) On January 1, 2020, and every five years thereafter, until January 1, 2050, the Legislative Analyst’s Office shall report to the Legislature on the Department of Water Resources’ progress on fulfilling the requirements imposed under Section 431. -(b) The Legislative Analyst’s Office shall include in the report required pursuant to subdivision (a) whether the Department of Water Resources is expected to achieve the water storage requirements imposed under Section 431 on time. -SECTION 1. -SEC. 3. -Section 13145.5 is added to the Water Code, to read: -13145.5. -In formulating state policy for water quality control and adopting or approving a water quality control plan for the Sacramento-San Joaquin Delta, the state board shall take into consideration, consistent with the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, any applicable groundwater sustainability plan or alternative adopted or approved under Part 2.74 (commencing with Section 10720) of Division 6 and available information and data regarding the impacts of groundwater use and management on beneficial uses of surface waters.","(1) Existing law establishes the Department of Water Resources in the Natural Resources Agency, and, among other things, empowers the department to conduct investigations of all or any portion of any stream, stream system, lake, or other body of water. -Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund. -This bill would require the department to increase statewide water storage capacity by 25% by January 1, 2025, and 50% by January 1, 2050, as specified. The bill would require the department, on or before January 1, 2017, to identify the current statewide water storage capacity and prepare a strategy and implementation plan to achieve those expansions in statewide water storage capacity, and would require the department to update the strategy and implementation plan on January 1, 2018, and every 2 years thereafter, until January 1, 2050. The bill would require the Legislative Analyst’s Office to report to the Legislature on January 1, 2020, and every 5 years thereafter, until January 1, 2050, on the department’s progress on achieving those required increases in statewide water storage capacity, as specified. The bill would, beginning in the 2016–17 fiscal year, continuously appropriate 25% of the annual proceeds of the Greenhouse Gas Reduction Fund to the department to comply with these requirements. -Existing -(2) Existing -law establishes the State Water Resources Control Board and the 9 California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law requires the state board to formulate and adopt state policy for water quality control. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region and prohibits a water quality control plan, or a revision of the plan, adopted by a regional board, from becoming effective unless it is approved by the state board. -Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. -This bill would require the state board, in formulating state policy for water quality control and adopting or approving a water quality control plan for the Sacramento-San Joaquin Delta, to take into consideration, consistent with the requirements of the California Environmental Quality Act, any applicable groundwater sustainability plan or alternative and available information and data regarding the impacts of groundwater use and management on beneficial uses of surface waters.","An act to -amend Section 39719 of the Health and Safety Code, and to -add Section 13145.5 -to -to, and to add Chapter 4.5 (commencing with Section 430) to Division 1 of, -the Water Code, relating to -water quality. -water, and making an appropriation therefor." -767,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6254.32 is added to the Government Code, to read: -6254.32. -(a) Notwithstanding any other law, including, but not limited to, Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, a recording made by a body worn camera is confidential and shall not be disclosed, except that the recording shall be disclosed to the person whose image is recorded by the body worn camera. -(b) The following definitions shall apply to this section: -(1) “Body worn camera” means a device attached to the uniform or body of a peace officer that records video, audio, or both, in a digital or analog format. -(2) “Peace officer” means any person designated as a peace officer pursuant to Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. -SEC. 2. -The Legislature finds and declares that Section 1 of this act, which adds Section 6254.32 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -The need to protect individual privacy from the public disclosure of images captured by a body worn camera outweighs the interest in the public disclosure of that information. -SEC. 3. -The Legislature finds and declares that Section 1 of this act, which adds Section 6254.32 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: -Protecting the privacy of a person whose image is captured by body worn cameras on local peace officers enhances public safety and the protection of individual rights, thereby furthering the purposes of Section 3 of Article I of the California Constitution. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. -SECTION 1. -Section 832.7 of the -Penal Code -is amended to read: -832.7. -(a)Peace officer or custodial officer personnel records and records maintained by any state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section shall not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorney’s office, or the Attorney General’s office. -(b)Notwithstanding subdivision (a), a department or agency shall release to the complaining party a copy of his or her own statements at the time the complaint is filed. -(c)Notwithstanding subdivision (a), a department or agency that employs peace or custodial officers may disseminate data regarding the number, type, or disposition of complaints (sustained, not sustained, exonerated, or unfounded) made against its officers if that information is in a form that does not identify the individuals involved. -(d)Notwithstanding subdivision (a), a department or agency that employs peace or custodial officers may release factual information concerning a disciplinary investigation if the officer who is the subject of the disciplinary investigation, or the officer’s agent or representative, publicly makes a statement he or she knows to be false concerning the investigation or the imposition of disciplinary action. Information may not be disclosed by the peace or custodial officer’s employer unless the false statement was published by an established medium of communication, including, but not limited to, television, radio, or a newspaper. Disclosure of factual information by the employing agency pursuant to this subdivision is limited to facts contained in the officer’s personnel file concerning the disciplinary investigation or imposition of disciplinary action that specifically refute the false statements made public by the peace or custodial officer or his or her agent or representative. -(e)(1)The department or agency shall provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition. -(2)The notification described in this subdivision shall not be conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding brought before an arbitrator, court, or judge of this state or the United States. -(f)Nothing in this section shall affect the discovery or disclosure of information contained in a peace or custodial officer’s personnel file pursuant to Section 1043 of the Evidence Code.","(1) The California Public Records Act requires that public records be open to inspection at all times during the office hours of a state or local agency and that every person has a right to inspect any public record, except as specifically provided. The act further requires that a reasonably segregable portion of a public record be available for inspection by any person requesting the public record after deletion of the portions that are exempted by law. -This bill would, notwithstanding any other law, prohibit the disclosure of a recording made by a body worn camera, as defined, except for requiring disclosure to the person whose image is recorded by the body worn camera. -(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect. -(3) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. -This bill would make legislative findings to that effect. -(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -Existing law provides that peace officer or custodial officer personnel records and records maintained by any state or local agency, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery. Existing law describes exceptions to this policy, including data regarding the number, type, or disposition of complaints made against officers if that information is in a form that does not identify the individuals involved. -This bill would make technical, nonsubstantive changes to these provisions.","An act to -amend Section 832.7 of the Penal Code, relating to peace officers. -add Section 6254.32 to the Government Code, relating to public records." -768,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 35554 of the Vehicle Code, as amended by Section 2 of Chapter 263 of the Statutes of 2014, is amended to read: -35554. -(a) (1) Notwithstanding Section 35550, the maximum gross weight on any one axle of a bus shall not exceed 20,500 pounds. -(2) This subdivision does not apply to a transit bus procured through a solicitation process pursuant to which a solicitation was issued before January 1, 2016. This subdivision does not apply to a bus purchased during an option period in a multiyear contract to purchase transit buses that is entered into before January 1, 2016, by a publicly owned or operated transit system, or an operator of a transit system under contract with a publicly owned or operated transit system, provided, however, that the option period does not exceed five years from the date of the original contract, or extend beyond January 1, 2021, whichever is earlier. -(b) A transit bus is not subject to Section 35550. -(c) Notwithstanding subdivision (a), the following provisions shall apply to a transit bus: -(1) The curb weight on any one axle of a transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2016, and December 31, 2018, inclusive, shall not exceed 23,000 pounds. -(2) The curb weight on any one axle of a transit bus procured through a solicitation process pursuant to which a solicitation was issued on or after January 1, 2019, shall not exceed 22,000 pounds. -(d) Notwithstanding subdivisions (a) and (c), the following provisions shall apply to an articulated transit bus or zero-emission transit bus: -(1) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2016, and December 31, 2017, inclusive, shall not exceed 25,000 pounds. -(2) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2018, and December 31, 2019, inclusive, shall not exceed 24,000 pounds. -(3) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2020, and December 31, 2021, inclusive, shall not exceed 23,000 pounds. -(4) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued on or after January 1, 2022, shall not exceed 22,000 pounds. -(e) Nothing in this article shall be construed to authorize a vehicle described in paragraph (2) of subdivision (a) or described in subdivision (c) or (d) to be operated in violation of Section 35753. -(f) A transit operator operating an articulated transit bus shall, by July 1, 2016, provide notice to all cities and counties in whose jurisdiction the bus will operate in the upcoming calendar year, identifying the approximate routes upon which the bus is expected to be scheduled for service, including the names of streets and roads upon which that service is likely to take place. Thereafter, a transit operator operating an articulated transit bus shall annually provide notice by July 1, to all cities and counties in whose jurisdiction the bus will operate in the upcoming calendar year, identifying any changes to the service on those routes and any new routes upon which the bus is expected to be scheduled for the upcoming year. The notice shall include data from information provided by the bus manufacturer to the transit operator, identifying the weight of the articulated bus. -(g) For purposes of this section, the term “curb weight” means the total weight of a fully loaded transit bus, including maximum fuel, oil, and coolant, and all equipment used in the normal operation of the bus, except without passengers or a driver. -(h) Notwithstanding subdivisions (a) to (g), inclusive, a transit bus shall not operate on the Dwight D. Eisenhower System of Interstate and Defense Highways in excess of the weight limitation for transit buses specified in federal law. -(i) If the gross weight imposed upon the highway by the wheels on any one axle of a transit bus exceeds 20,000 pounds, the axle shall be supported by four wheels bearing load upon the highway. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, operative January 1, 2016, provides that the gross weight on any one axle of a bus shall not exceed 20,500 pounds. Existing law exempts from this limitation a transit bus procured through a solicitation process pursuant to which a solicitation was issued before January 1, 2013. A violation of this provision is a crime. -This bill would exempt from the weight limitation transit buses procured through a solicitation process pursuant to which a solicitation was issued before January 1, 2016. The bill would provide that the weight limitation would not apply to a bus purchased during an option period in a multiyear contract to purchase transit buses that is entered into before January 1, 2016, by a publicly owned or operated transit system, or an operator of a transit system under contract with a publicly owned or operated transit system, provided that the option period does not exceed 5 years from the date of the original contract, or extend beyond January 1, 2021, whichever is earlier. This bill would also establish certain weight limitations for transit buses procured through a solicitation process pursuant to which a solicitation was issued at a specified time. The bill would provide that these provisions do not authorize the operation of a transit bus on a bridge or certain other structures if the gross weight of the transit bus is greater than the maximum weight which the bridge or other structure can safely sustain. The bill would require, if the gross weight imposed upon the highway by the wheels on any one axle of a transit bus exceeds 20,000 pounds, the axle to be supported by 4 wheels bearing load upon the highway. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. -The bill would require a transit operator operating an articulated bus to provide notice, by July 1, 2016, to all cities and counties in whose jurisdiction the bus will operate in the upcoming calendar year, of the approximate routes upon which the bus will operate. The bill would also require an annual notice by July 1 thereafter to all cities and counties under whose jurisdiction the bus will operate, identifying any changes to the service on those routes or any new routes upon which the bus is expected to be scheduled for the upcoming calendar year. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 35554 of the Vehicle Code, relating to vehicles." -769,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California supports the dignity, independence, and choice of seniors and persons with disabilities to live in the most integrated setting appropriate, in their own home or a community-based setting, and to be free from unnecessary institutionalization. -(b) The American population is swiftly aging. According to the federal Centers for Disease Control and Prevention, in 2007 individuals 65 years of age and over represented 12.6 percent of the American population; by 2030 it is estimated the older adult population will reach 20 percent of the whole, with 70 million adults over 65 years of age. Many of these adults will experience disability and chronic conditions. The Alzheimer’s Association reports that over five million Americans are living with Alzheimer’s disease and that number will grow to 16 million by 2050, with the cost of caring for those individuals growing from $203 billion in 2013 to $1.2 trillion by mid-century. -(c) According to the United States Census, California’s older adult population is the country’s largest, with over four million seniors currently residing in the state. The California Department of Aging reports that one in every five Californians is now 60 years of age or older and 40 percent of those individuals have a disability. The state’s population is also diverse: just under one-half million older adults in the state identify as Latino or Hispanic, 354,000 identify as Asian, over 182,000 as African American, and over 100,000 people as Native American, Pacific Islander, or multiracial. -(d) Adult Day Health Care (ADHC) was established in California in 1974 as a service designed to meet the needs of older adults and adults with disabilities in community settings rather than in institutional care. ADHC centers are licensed daytime health facilities that provide integrated services from a multidisciplinary team including nurses, social workers, occupational therapists, and other professionals. -(e) ADHC centers serve frail elders and other adults with disabilities, chronic conditions, and complex care needs, such as Alzheimer’s disease or other dementia, diabetes, high blood pressure, mental health diagnoses, traumatic brain injury, and people who have had a stroke or breathing problems or who cannot take medications properly. -(f) ADHC centers also offer caregiver support, addressing research findings that identify caregiver stress as a leading cause of placement in a nursing facility, as well as putting the aging or disabled adult at increased risk for abuse or neglect. -(g) ADHC services include health, therapeutic, and social services including transportation; skilled nursing care; physical, occupational, and speech therapy; medical social work services; therapeutic exercise activities; protective supervision; activities of daily living; brain-stimulating activities; and a nutritionally balanced hot meal. Services are provided in accordance with a person-centered care plan designed after a three-day interdisciplinary team assessment that includes a home visit and communication with the participant’s primary care physician. -(h) ADHC participants, who are at risk of institutionalization, receive services in the center and return to their own homes at night. According to a 2012 study by the California Medicaid Research Institute, the statewide weighted average annual per person nursing home cost for Medi-Cal/Medicare recipients in California is $83,364, while the average annual expenditure per person for ADHC for this population is $9,312. -(i) ADHC centers are licensed by the State Department of Public Health and overseen by the California Department of Aging and the State Department of Health Care Services. -(j) In 1977, Senator Henry Mello issued a report that identified the need for 600 ADHC centers statewide to meet the needs of California’s elder population. At its peak in 2004, approximately 360 ADHC centers provided care to over 40,000 medically fragile Californians. In December 2013, there were a total of 270 open ADHC centers in California, including 245 serving the Medi-Cal population, two centers serving private-pay clients, and 23 centers associated with Programs of All-Inclusive Care for the Elderly. Medi-Cal recipients receiving services at ADHC centers totaled 28,777 persons. -(k) In 2015, 32 California counties do not have an adult day health center, including Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Inyo, Kings, Lake, Lassen, Madera, Mariposa, Mendocino, Modoc, Mono, Nevada, Placer, Plumas, San Benito, San Joaquin, San Luis Obispo, Sierra, Siskiyou, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba. -(l) For many years, ADHC was a state plan optional benefit of the Medi-Cal program, offering an integrated medical and social services model of care that helped individuals continue to live outside of nursing homes or other institutions. -(m) California’s adult day services have experienced significant instability in recent years due to California’s fiscal crisis and subsequent budget reductions. The Budget Act of 2011 and the related trailer bill, Chapter 3 of the Statutes of 2011, eliminated ADHC as a Medi-Cal optional state plan benefit. -(n) A class action lawsuit, Esther Darling, et al. v. Toby Douglas, et al., challenged the elimination of ADHC as a violation of the Supreme Court decision in Olmstead v. L.C. The state settled the lawsuit, agreeing to replace ADHC services with a new program called Community-Based Adult Services (CBAS), effective April 1, 2012, to provide necessary medical and social services to individuals with intensive health care needs. CBAS is a managed care benefit, administered through California’s Medi-Cal Managed Care Organizations. For CBAS-eligible individuals who do not qualify for managed care enrollment and who have an approved medical exemption or who reside in a county where managed care is currently not available, CBAS services are provided as a Medi-Cal fee-for-service benefit. -(o) The State Department of Health Care Services amended the “California Bridge to Reform” Section 1115 Waiver to include the new CBAS program, which was approved by the Centers for Medicare and Medicaid Services on March 30, 2012, and renewed on November 28, 2014. CBAS is operational under the Section 1115 Bridge to Reform Waiver through October 31, 2015. -(p) Adult day services and CBAS programs remain a source of necessary skilled nursing, therapeutic services, personal care, supervision, health monitoring, and caregiver support. The state’s demographic forecast projects the continued growth of the aging population at least through the year 2050, thereby increasing the need and demand for integrated, community-based services. -(q) Continuation of a well-defined and well-regulated system of CBAS programs is essential in order to meet the rapidly changing needs of California’s diverse and aging population and the state’s goals for the Coordinated Care Initiative. -(r) Ensuring that the key elements of the CBAS program are codified in state law stabilizes the program’s structure and eligibility framework in order to enable thousands of disabled and frail Californians who rely upon adult day health programs today, and those who will need this service in the future, to be able to continue to receive services that support them in remaining independent and free of institutionalization for as long as possible. -SEC. 2. -Article 7 (commencing with Section 14590.10) is added to Chapter 8.7 of Part 3 of Division 9 of the Welfare and Institutions Code, to read: -Article 7. Community-Based Adult Services -14590.10. -(a) Notwithstanding the operational period of CBAS as specified in the Special Terms and Conditions of California’s Bridge to Reform Section 1115(a) Medicaid Demonstration (11-W-00193/9), CBAS shall be a Medi-Cal benefit and shall be available as a covered service in contracts with managed health care plans with the standards, eligibility criteria, and provisions that are described in the Special Terms and Conditions of California’s Bridge to Reform Section 1115(a) Medicaid Demonstration (11-W-00193/9) and any successor federal authorities. -(b) CBAS shall be available to beneficiaries who meet all of the following qualifications: -(1) The beneficiary is 18 years of age or older. -(2) The beneficiary derives his or her Medicaid eligibility from the state plan and is either aged, blind, or disabled, including those who are recipients of Medicare. -(3) The beneficiary is a Medi-Cal managed care plan member or is exempt from enrollment in Medi-Cal managed care. -(4) The beneficiary resides within a geographic service area in which the CBAS benefit was available as of April 1, 2012, as more fully described in Special Terms and Conditions 95(b), or is determined to be eligible for the CBAS benefit by a managed care plan that contracts with CBAS providers pursuant to Special Terms and Conditions 95(b) and Special Terms and Conditions 98(a)(ii). -(5) The beneficiary shall meet or exceed the medical necessity criteria established in Section 14526.1 and for whom one of the following criteria is present: -(A) The beneficiary meets or exceeds the “Nursing Facility Level of Care A” (NF-A) criteria as set forth in the California Code of Regulations. -(B) Both of the following apply to the beneficiary: -(i) The beneficiary has a diagnosed organic, acquired, or traumatic brain injury or a chronic mental disorder, or both. For the purpose of this clause, “chronic mental disorder” means that the beneficiary has one or more of the following diagnoses or their successor diagnoses included in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association: -(I) A pervasive developmental disorder. -(II) An attention deficit and disruptive behavior disorder. -(III) A feeding and eating disorder of infancy, childhood, or adolescence. -(IV) An elimination disorder. -(V) A schizophrenia and other psychiatric disorder. -(VI) A mood disorder. -(VII) An anxiety disorder. -(VIII) A somatoform disorder. -(IX) A factitious disorder. -(X) A dissociative disorder. -(XI) Paraphilia. -(XII) An eating disorder. -(XIII) An impulse control disorder not elsewhere classified. -(XIV) An adjustment disorder. -(XV) A personality disorder. -(XVI) A medication-induced movement disorder. -(ii) The beneficiary needs assistance or supervision as described in subclause (I) or (II). -(I) The beneficiary needs assistance or supervision with at least two of the following: -(ia) Bathing. -(ib) Dressing. -(ic) Self-feeding. -(id) Toileting. -(ie) Ambulating. -(if) Transferring. -(ig) Medication management. -(ih) Hygiene. -(II) The beneficiary needs assistance or supervision with at least one of the activities identified in subclause (I) and needs assistance with at least one of the following: -(ia) Money management. -(ib) Accessing community and health resources. -(ic) Meal preparation. -(id) Transportation. -(C) The beneficiary has a moderate to severe cognitive disorder such as dementia, including dementia characterized by the descriptors of, or equivalent to, Stages 5, 6, or 7 of the Alzheimer’s type. -(D) The beneficiary has a mild cognitive disorder such as dementia, including dementia of the Alzheimer’s type, and needs assistance or supervision with at least two of the following activities: -(i) Bathing. -(ii) Dressing. -(iii) Self-feeding. -(iv) Toileting. -(v) Ambulating. -(vi) Transferring. -(vii) Medication management. -(viii) Hygiene. -(E) The beneficiary has a developmental disability. For the purpose of this subparagraph, “developmental disability” means a disability that originates before the individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual as defined in Section 54001 of Title 17 of the California Code of Regulations. -(c) (1) CBAS providers shall be licensed as adult day health care centers and certified by the California Department of Aging as CBAS providers, and shall meet the standards specified in this chapter and Chapter 5 (commencing with Section 54001) of Division 3 of Title 22 of the California Code of Regulations. -(2) CBAS providers shall meet all applicable licensing and Medi-Cal standards, including, but not limited to, licensing provisions in Division 2 (commencing with Section 1200) of the Health and Safety Code, including Chapter 3.3 (commencing with Section 1570) of Division 2 of the Health and Safety Code, and shall provide services in accordance with Chapter 10 (commencing with Section 78001) of Division 5 of Title 22 of the California Code of Regulations. -(3) CBAS providers shall comply with the provisions of California’s Bridge to Reform Section 1115(a) Medicaid Demonstration (11-W-00193/9) and any successor federal authorities. -(d) In counties where the State Department of Health Care Services has implemented Medi-Cal managed care, CBAS shall be available as a Medi-Cal managed care benefit pursuant to Section 14186.3, except that for individuals who qualify for CBAS, but who are not qualified for, or who are exempt from, enrollment in Medi-Cal managed care, CBAS shall be provided as a fee-for-service Medi-Cal benefit. -(e) For purposes of this section, “Community-Based Adult Services” or “CBAS” means an outpatient, facility-based program, provided pursuant to a participant’s individualized plan of care, as developed by the center’s multidisciplinary team, that delivers nutrition services, professional nursing care, therapeutic activities, facilitated participation in group or individual activities, social services, personal care services, and, when specified in the individual plan of care, physical therapy, occupational therapy, speech therapy, behavioral health services, registered dietician services, and transportation. -(f) This section shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available and is not jeopardized.","Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified, low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law provides, to the extent permitted by federal law, that adult day health care (ADHC) be excluded from coverage under the Medi-Cal program. -This bill would establish the Community-Based Adult Services (CBAS) program as a Medi-Cal benefit and would require CBAS to be available as a covered service in contracts with managed health care plans, as specified. The bill would specify eligibility requirements for participation in the CBAS program. The bill would require that CBAS providers be licensed as ADHC centers and certified by the California Department of Aging as CBAS providers. The bill would require CBAS providers to meet specified licensing requirements and to provide care in accordance with specified regulations. The bill would require that these provisions be implemented only if federal financial participation is available.","An act to add Article 7 (commencing with Section 14590.10) to Chapter 8.7 of Part 3 of Division 9 of the Welfare and Institutions Code, relating to adult day health care." -770,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 281 of the Public Utilities Code is amended to read: -281. -(a) The commission shall develop, implement, and administer the California Advanced Services Fund program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section. -(b) (1) The goal of the program is, no later than December 31, 2015, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households. -(2) In approving infrastructure projects, the commission shall give priority to projects that provide last-mile broadband access to households that are unserved by an existing facilities-based broadband provider. The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application. -(c) The commission shall establish the following accounts within the fund: -(1) The Broadband Infrastructure Grant Account. -(2) The Rural and Urban Regional Broadband Consortia Grant Account. -(3) The Broadband Infrastructure Revolving Loan Account. -(4) The Broadband Public Housing Account. -(d) (1) All moneys collected by the surcharge authorized by the commission pursuant to Decision 07-12-054 shall be transmitted to the commission pursuant to a schedule established by the commission. The commission shall transfer the moneys received to the Controller for deposit in the California Advanced Services Fund. Moneys collected on and after January 1, 2011, shall be deposited in the following amounts in the following accounts: -(A) One hundred ninety million dollars ($190,000,000) into the Broadband Infrastructure Grant Account. -(B) Fifteen million dollars ($15,000,000) into the Rural and Urban Regional Broadband Consortia Grant Account. -(C) Ten million dollars ($10,000,000) into the Broadband Infrastructure Revolving Loan Account. -(2) All interest earned on moneys in the fund shall be deposited in the fund. -(3) The commission shall not collect moneys, by imposing the surcharge described in paragraph (1) for deposit in the fund, in an amount that exceeds one hundred million dollars ($100,000,000) before January 1, 2011. On and after January 1, 2011, the commission may collect an additional sum not to exceed two hundred fifteen million dollars ($215,000,000), for a sum total of moneys collected by imposing the surcharge described in paragraph (1) not to exceed three hundred fifteen million dollars ($315,000,000). The commission may collect the additional sum beginning with the calendar year starting on January 1, 2011, and continuing through the 2020 calendar year, in an amount not to exceed twenty-five million dollars ($25,000,000) per year, unless the commission determines that collecting a higher amount in any year will not result in an increase in the total amount of all surcharges collected from telephone customers that year. -(e) (1) All moneys in the California Advanced Services Fund shall be available, upon appropriation by the Legislature, to the commission for the program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund. -(2) Notwithstanding any other law and for the sole purpose of providing matching funds pursuant to the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), any entity eligible for funding pursuant to that act shall be eligible to apply to participate in the program administered by the commission pursuant to this section, if that entity otherwise satisfies the eligibility requirements under that program. Nothing in this section shall impede the ability of an incumbent local exchange carrier, as defined by subsection (h) of Section 251 of Title 47 of the United States Code, that is regulated under a rate of return regulatory structure, to recover, in rate base, California infrastructure investment not provided through federal or state grant funds for facilities that provide broadband service and California intrastate voice service. -(3) Notwithstanding subdivision (b) of Section 270, an entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved or underserved household, as defined in commission Decision 12-02-015, if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission. These requirements shall include all of the following: -(A) That projects under this paragraph provide last-mile broadband access to households that are unserved by an existing facilities-based broadband provider and only receive funding to provide broadband access to households that are unserved or underserved, as defined in commission Decision 12-02-015. -(B) That funding for a project providing broadband access to an underserved household shall not be approved until after any existing facilities-based provider has an opportunity to demonstrate to the commission that it will, within a reasonable timeframe, upgrade existing service. An existing facilities-based provider may, but is not required to, apply for funding under this section to make that upgrade. -(C) That the commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application. -(D) That a local governmental agency may be eligible for an infrastructure grant only if the infrastructure project is for an unserved household or business, the commission has conducted an open application process, and no other eligible entity applied. -(E) That the commission shall establish a service list of interested parties to be notified of California Advanced Services Fund applications. -(f) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to fund the cost of broadband deployment activities other than the capital cost of facilities, as specified by the commission. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, and business, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity. -(g) Moneys in the Broadband Infrastructure Revolving Loan Account shall be available to finance capital costs of broadband facilities not funded by a grant from the Broadband Infrastructure Grant Account. The commission shall periodically set interest rates on the loans based on surveys of existing financial markets. -(h) (1) For purposes of this subdivision, the following terms have the following meanings: -(A) “Publicly subsidized” means either that the housing development receives financial assistance from the United States Department of Housing and Urban Development pursuant to an annual contribution contract or is financed with low-income housing tax credits, tax-exempt mortgage revenue bonds, general obligation bonds, or local, state, or federal loans or grants and the rents of the occupants, who are lower income households, do not exceed those prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance. -(B) “Publicly supported community” means a publicly subsidized multifamily housing development that is wholly owned by either of the following: -(i) A public housing agency that has been chartered by the state, or by any city or county in the state, and has been determined to be an eligible public housing agency by the United States Department of Housing and Urban Development. -(ii) An incorporated nonprofit organization as described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) that is exempt from taxation under Section 501(a) of that code (16 U.S.C. Sec. 501(a)), and that has received public funding to subsidize the construction or maintenance of housing occupied by residents whose annual income qualifies as “low” or “very low” income according to federal poverty guidelines. -(2) Notwithstanding subdivision (b) of Section 270, moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to an eligible publicly supported community if that entity otherwise meets eligibility requirements and complies with program requirements established by the commission. -(3) Not more than twenty million dollars ($20,000,000) shall be available for grants and loans to a publicly supported community to finance a project to connect a broadband network to that publicly supported community. A publicly supported community may be an eligible applicant only if the publicly supported community can verify to the commission that the publicly supported community has not denied a right of access to any broadband provider that is willing to connect a broadband network to the facility for which the grant or loan is sought. -(4) (A) Not more than five million dollars ($5,000,000) shall be available for grants and loans to a publicly supported community to support programs designed to increase adoption rates for broadband services for residents of that publicly supported community. A publicly supported community may be eligible for funding for a broadband adoption program only if the residential units in the facility to be served have access to broadband services or will have access to broadband services at the time the funding for adoption is implemented. -(B) A publicly supported community may contract with other nonprofit or public agencies to assist in implementation of a broadband adoption program. -(5) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of publicly supported communities. -(6) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source. -(7) (A) To provide funding for the purposes of this subdivision, the commission shall transfer to the Broadband Public Housing Account twenty million dollars ($20,000,000) from the Broadband Infrastructure Grant Account and five million dollars ($5,000,000) from the Broadband Revolving Loan Account. Any moneys in the Broadband Public Housing Account that have not been awarded pursuant to this subdivision by December 31, 2016, shall be transferred back to the Broadband Infrastructure Grant Account and Broadband Infrastructure Revolving Loan Account in proportion to the amount transferred from the respective accounts. -(B) The commission shall transfer funds pursuant to subparagraph (A) only if the commission is otherwise authorized to collect funds for purposes of this section in excess of the total amount authorized pursuant to paragraph (3) of subdivision (d). -(i) (1) The commission shall conduct two interim financial audits and a final financial audit and two interim performance audits and a final performance audit of the implementation and effectiveness of the California Advanced Services Fund to ensure that funds have been expended in accordance with the approved terms of the grant awards and loan agreements and this section. The commission shall report its interim findings to the Legislature by April 1, 2011, and April 1, 2017. The commission shall report its final findings to the Legislature by April 1, 2021. The reports shall also include an update to the maps in the final report of the California Broadband Task Force and data on the types and numbers of jobs created as a result of the program administered by the commission pursuant to this section. -(2) (A) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2022, pursuant to Section 10231.5 of the Government Code. -(B) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. -(j) (1) Beginning on January 1, 2012, and annually thereafter, the commission shall provide a report to the Legislature that includes all of the following information: -(A) The amount of funds expended from the California Advanced Services Fund in the prior year. -(B) The recipients of funds expended from the California Advanced Services Fund in the prior year. -(C) The geographic regions of the state affected by funds expended from the California Advanced Services Fund in the prior year. -(D) The expected benefits to be derived from the funds expended from the California Advanced Services Fund in the prior year. -(E) Actual broadband adoption levels from the funds expended from the California Advanced Services Fund in the prior year. -(F) The amount of funds expended from the California Advanced Services Fund used to match federal funds. -(G) An update on the expenditures from California Advanced Services Fund and broadband adoption levels, and an accounting of remaining unserved and underserved households and areas of the state. -(H) The status of the California Advanced Services Fund balance and the projected amount to be collected in each year through 2020 to fund approved projects. -(2) (A) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. -(B) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. -SEC. 2. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -The immediate continuation of assistance with broadband deployment is a primary purpose of the Rural and Urban Regional Broadband Consortia Grant Account. In order to ensure funding for regular broadband consortia activities, adequate funding must be made available. The Rural and Urban Regional Broadband Consortia Grant Account has been exhausted and unless moneys are made available immediately, deployment activities could cease.","Existing law, the federal Telecommunications Act of 1996, establishes a program of cooperative federalism for the regulation of telecommunications to attain the goal of local competition, while implementing specific, predictable, and sufficient federal and state mechanisms to preserve and advance universal service, consistent with certain universal service principles. The universal service principles include the principle that consumers in all regions of the nation, including low-income consumers and those in rural, insular, and high-cost areas, should have access to telecommunications and information services, including interexchange services and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas. The act authorizes each state to adopt regulations to provide for additional definitions and standards to preserve and advance universal service within the state, only to the extent that they adopt additional specific, predictable, and sufficient mechanisms that do not rely on or burden federal universal service support mechanisms. -Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations, as defined. Existing law establishes the California Advanced Services Fund, referred to as the CASF, in the State Treasury. Existing law requires the commission to develop, implement, and administer the CASF to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and substantial social benefits of advanced information and communications technologies, as provided in specified decisions of the commission and in the CASF statute. Existing law establishes 4 accounts, the Broadband Infrastructure Grant Account, the Rural and Urban Regional Broadband Consortia Grant Account, the Broadband Infrastructure Revolving Loan Account, and the Broadband Public Housing Account within the CASF. Existing law requires that of the moneys collected for CASF on and after January 1, 2011, $10,000,000 is to be deposited into the Rural and Urban Regional Broadband Consortia Grant Account and used for specified purposes, and $15,000,000 is to be deposited into the Broadband Infrastructure Revolving Loan Account and used for specified purposes. -This bill would require that of the moneys collected for CASF on and after January 1, 2011, $15,000,000 is to be deposited into the Rural and Urban Regional Broadband Consortia Grant Account and used for specified purposes, and $10,000,000 is to be deposited into the Broadband Infrastructure Revolving Loan Account and used for specified purposes. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 281 of the Public Utilities Code, relating to telecommunications, and declaring the urgency thereof, to take effect immediately." -771,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) In 2011, there were 29,757 fatal motor vehicle crashes and 1,530,000 nonfatal serious injury crashes in the United States. -(b) Existing law requires, within 24 hours of the arrival of a patient in the emergency department of a general acute care hospital, including a motor vehicle crash victim, who is unconscious or otherwise incapable of communication, the hospital to make reasonable efforts to contact the patient’s agent, surrogate, or a family member or other person the hospital reasonably believes has the authority to make health care decisions on behalf of the patient. -(c) Contrary to popular belief, emergency medical technicians and law enforcement do not have immediate access to family contact information following a motor vehicle crash involving individuals who are unconscious or unable to communicate, and, typically, on-scene law enforcement resort to searching personal belongings, such as a wallet, driver’s license, glove compartment, or cell phone for leads to the identity of a family member or next of kin. -(d) Critical hours elapse as family members are not notified and unconscious motor vehicle crash victims enter the emergency department of a general acute care hospital without the benefit of family members to advocate on their behalf or provide important information to enhance medical care, as there is a national average of six hours’ lack of notice for in-state incidents and over two days’ lack of notice for out-of-state incidents. -(e) In 2008, a VinECON policy resolution was adopted by the American Association of State Highway and Transportation Officials’ (AASHTO) Standing Committee on Highway Traffic Safety Subcommittee on Safety Management, with the support and assistance of the Healthcare Information Technology Standards Panel, the International Association of Chiefs of Police, the International Association of Fire Chiefs, the National Association of State EMS Officials, the International Association of Public-Safety Communications Officials, and the Governors Highway Safety Association. -(f) The AASHTO VinECON policy resolution encouraged motor vehicle manufacturers to establish a national law enforcement vehicle identification number emergency contact locator database, in conjunction with the National Law Enforcement Telecommunication System (Nlets). -(g) As authorized by the City of Los Angeles in 2013, pursuant to Council File No. 13-0002-S3, the City of Los Angeles adopted a resolution seeking a sponsor of California legislation to the Vehicle Code, relating to vehicles enforcing the AASHTO VinECON policy resolution. -(h) A purchaser or lessee of a new motor vehicle from a new motor vehicle dealer in this state should have the right to voluntarily register at the point of sale an emergency contact to be stored in the VinECON database to be utilized by law enforcement if the motor vehicle is involved in a crash or other emergency situation rendering the occupant unconscious or otherwise unable to communicate with the contact person or persons. -(i) As authorized by the Legislature in 2001, the Department of Motor Vehicles administers the Business Partner Automation Program, pursuant to Section 1685 of the Vehicle Code, to improve the quality of registration products and services by licensing qualified private industry partners to provide secure electronic portals to licensed new motor vehicle dealers so that they may perform required registration tasks and services electronically. -(j) It is the intent of the Legislature in enacting this act to further increase the registration benefits of the DMV Business Partner Automation Program by allowing a purchaser or lessee of a new motor vehicle to voluntarily register at point of sale an emergency contact in the VinECON database using electronic programs provided by a qualified private industry partner. This act will assist police to expeditiously provide VinECON data to the emergency department of a general acute care hospital receiving a motor vehicle crash victim who is unconscious or otherwise incapable of communication. -SEC. 2. -Section 9956 is added to the Vehicle Code, to read: -9956. -(a) This section shall be known, and may be cited, as the “Motor Vehicle Emergency Contact Locator Act of 2015.” -(b) For purposes of this section, “VinECON database” means the national law enforcement vehicle identification number emergency contact locator database. -(c) This database shall be established by motor vehicle manufacturers, in conjunction with law enforcement agencies and the National Law Enforcement Telecommunications System. -(d) This section applies only to vehicles sold or leased in this state on or after January 2, 2016, with a 2017 model year or later. -(e) (1) A new motor vehicle dealer of a motor vehicle sold or leased in this state on or after January 2, 2016, with a 2017 model year or later, shall allow a purchaser or lessee of a new motor vehicle to voluntarily register at point of sale an emergency contact in the VinECON database using electronic programs provided by a DMV licensed electronic registration private industry partner. -(2) A new motor vehicle dealer providing services under paragraph (1) may charge the purchaser a VinECON electronic registration fee equal to the dealer’s electronic registration costs, not to exceed thirty-one dollars ($31). -(3) A new motor vehicle dealer providing services under paragraph (1) may charge the purchaser a VinECON document processing fee not to exceed eighty-five dollars ($85). -(4) The VinECON data stored in the national law enforcement vehicle identification number emergency contact locator database pursuant to this section shall be made available electronically only to authorized law enforcement personnel. -(5) If a motor vehicle crash victim is rendered unable to communicate due to physical injury, law enforcement personnel shall, when practicable, expeditiously provide verbal or written VinECON data to the emergency department of a general acute care hospital receiving a motor vehicle crash victim who is unconscious or otherwise incapable of communication. -(6) Neither the law enforcement officer nor the law enforcement agency that employs that law enforcement officer is liable if the general acute care hospital is not able to make contact with the designated emergency contact person. -(f) (1) A new motor vehicle dealer shall make a good faith effort to register accurate VinECON data as provided by the purchaser or lessee at the original retail point of sale using electronic programs provided by a qualified private industry partner. -(2) Neither the motor vehicle manufacturer nor the new motor vehicle dealer is liable for any liability for damages, costs, or expenses, including, but not limited to, consequential damages arising or resulting from any inaccurate VinECON data or system unavailability. -(g) A violation of the requirements of this section is a cause for discipline pursuant to Section 11705. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law imposes specified requirements on manufacturers of motor vehicles sold or leased in this state. Existing law requires hospitals to make reasonable efforts to contact the agent, surrogate, or family of patients who are otherwise incapable of communication. -This bill would enact the “Motor Vehicle Emergency Contact Locator Act of 2015” and would require a vehicle identification number emergency contact locator database to be established by motor vehicle manufacturers in conjunction with law enforcement agencies and the National Law Enforcement Telecommunications System. -This bill would require a motor vehicle manufacturer of a new motor vehicle sold or leased in this state on or after January 2, 2016, with a 2017 model year or later, to provide a means by which a purchaser or lessee of a new motor vehicle can voluntarily designate at the original retail point of sale an emergency contact to be stored in the VinECON database. -The bill would require the emergency contact information to be made available electronically only to authorized law enforcement and would require law enforcement personnel, when practicable, to expeditiously provide any VinECON data, either verbal or written, to the emergency department of a general acute care hospital receiving a motor vehicle crash victim who is unconscious or otherwise incapable of communication, thereby imposing a state-mandated local program by imposing new duties upon local agencies. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 9956 to the Vehicle Code, relating to vehicles." -772,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 21159.21 of the Public Resources Code is amended to read: -21159.21. -A housing project qualifies for an exemption from this division pursuant to Section 21159.22, 21159.23, or 21159.24 if it meets the criteria in the applicable section and all of the following criteria: -(a) The project is consistent with any applicable general plan, specific plan, and local coastal program, including any mitigation measures required by a plan or program, as that plan or program existed on the date that the application was deemed complete and with any applicable zoning ordinance, as that zoning ordinance existed on the date that the application was deemed complete, except that a project shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the project site has not been rezoned to conform with a more recently adopted general plan. -(b) -Community-level -A community-level -environmental review has been adopted or certified. -(c) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees. -(d) The site of the project does not contain wetlands, does not have any value as a wildlife habitat, and the project does not harm any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or -protected -by the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and the project does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete. For the purposes of this subdivision, “wetlands” has the same meaning as in Section 328.3 of Title 33 of the Code of Federal Regulations and “wildlife habitat” means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. -(e) The site of the project is not included on any list of facilities and sites compiled pursuant to Section 65962.5 of the Government Code. -(f) The site of the project is subject to a preliminary endangerment assessment prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. -(1) If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements. -(2) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements. -(g) The project does not have a significant effect on historical resources pursuant to Section 21084.1. -(h) The project site is not subject to any of the following: -(1) A wildland fire hazard, as determined by the Department of Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard. -(2) An unusually high risk of fire or explosion from materials stored or used on nearby properties. -(3) Risk of a public health exposure at a level that would exceed the standards established by any state or federal agency. -(4) Within a delineated earthquake fault zone, as determined pursuant to Section 2622, or a seismic hazard zone, as determined pursuant to Section 2696, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake fault or seismic hazard zone. -(5) Landslide hazard, flood plain, flood way, or restriction zone, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood. -(i) (1) The project site is not located on developed open space. -(2) For the purposes of this subdivision, “developed open space” means land that meets all of the following criteria: -(A) Is publicly owned, or financed in whole or in part by public funds. -(B) Is generally open to, and available for use by, the public. -(C) Is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools, ballfields, enclosed child play areas, and picnic facilities. -(3) For the purposes of this subdivision, “developed open space” includes land that has been designated for acquisition by a public agency for developed open space, but does not include lands acquired by public funds dedicated to the acquisition of land for housing purposes.","The California Environmental Quality Act (CEQA) generally requires all state and local governmental lead agencies to prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on any discretionary project that they propose to carry out or approve that may result in a significant effect on the environment, that is, a substantial, or potentially substantial, adverse change in the physical conditions that exist within the area that will be affected by the project. Under existing law, a housing project qualifies for an exemption from CEQA if certain requirements are met, including the requirement that the site is not located within the boundaries of a state conservancy. -This bill would eliminate the requirement that the site not be located within the boundaries of a state conservancy.","An act to amend Section 21159.21 of the Public Resources Code, relating to the California Environmental Quality Act." -773,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1347.1 is added to the Penal Code, to read: -1347.1. -(a) In any criminal proceeding in which a defendant is charged with a violation of Section 236.1, upon written notice by the prosecutor made at least three days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled, or during the course of the proceeding on the court’s own motion, may order that the testimony of a minor 15 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes all of the following findings: -(1) The minor’s testimony will involve a recitation of the facts of an alleged offense of human trafficking, as defined in Section 236.1. -(2) (A) The impact on the minor of one or more of the factors enumerated in clauses (i) to (v), inclusive, is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness unless closed-circuit testimony is used. -(i) Testimony by the minor in the presence of the defendant would result in the minor suffering serious emotional distress so that the minor would be unavailable as a witness. -(ii) The defendant used a deadly weapon in the commission of the offense. -(iii) The defendant threatened serious bodily injury to the minor or the minor’s family, threatened incarceration or deportation of the minor or a member of the minor’s family, threatened removal of the minor from the minor’s family, or threatened the dissolution of the minor’s family in order to prevent or dissuade the minor from attending or giving testimony at any trial or court proceeding, or to prevent the minor from reporting the alleged sexual offense, or from assisting in criminal prosecution. -(iv) The defendant inflicted great bodily injury upon the minor in the commission of the offense. -(v) The defendant or his or her counsel behaved during the hearing or trial in a way that caused the minor to be unable to continue his or her testimony. -(B) In making the determination required by this paragraph, the court shall consider the age of the minor, the relationship between the minor and the defendant or defendants, any handicap or disability of the minor, and the nature of the acts charged. The minor’s refusal to testify shall not alone constitute sufficient evidence that the special procedure described in this section is necessary to obtain the minor’s testimony. -(3) The equipment available for use of closed-circuit television would accurately communicate the image and demeanor of the minor to the judge, jury, defendant or defendants, and attorneys. -(b) If the court orders the use of closed-circuit television, two-way closed-circuit television shall be used, except that if the impact on the minor of one or more of the factors enumerated in clauses (i) to (v), inclusive, of subparagraph (A) of paragraph (2) of subdivision (a), is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness even if two-way closed-circuit television is used, one-way closed-circuit television may be used. The prosecution shall give the defendant or defendants at least 30 days’ written notice of the prosecution’s intent to seek the use of one-way closed-circuit television, unless the prosecution shows good cause to the court why this 30-day notice requirement should not apply. -(c) (1) The hearing on a motion brought pursuant to this section shall be conducted out of the presence of the jury. -(2) Notwithstanding Section 804 of the Evidence Code or any other law, the court, in determining the merits of the motion, shall not compel the minor to testify at the hearing, nor shall the court deny the motion on the ground that the minor has not testified. -(3) In determining whether the impact on an individual minor of one or more of the five factors enumerated in clauses (i) to (v), inclusive, of subparagraph (A) of paragraph (2) of subdivision (a) is so substantial that the minor is unavailable as a witness unless two-way or one-way closed-circuit television is used, the court may question the minor in chambers, or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the support person, the prosecutor, and defense counsel present. The defendant or defendants shall not be present. The court shall conduct the questioning of the minor and shall not permit the prosecutor or defense counsel to examine the minor. The prosecutor and defense counsel shall be permitted to submit proposed questions to the court prior to the session in chambers. Defense counsel shall be afforded a reasonable opportunity to consult with the defendant or defendants prior to the conclusion of the session in chambers. -(d) When the court orders the testimony of a minor to be taken in another place outside of the courtroom, the court shall do all of the following: -(1) Make a brief statement on the record, outside of the presence of the jury, of the reasons in support of its order. While the statement need not include traditional findings of fact, the reasons shall be set forth with sufficient specificity to permit meaningful review and to demonstrate that discretion was exercised in a careful, reasonable, and equitable manner. -(2) Instruct the members of the jury that they are to draw no inferences from the use of closed-circuit television as a means of facilitating the testimony of the minor. -(3) Instruct respective counsel, outside of the presence of the jury, that they are to make no comment during the course of the trial on the use of closed-circuit television procedures. -(4) Instruct the support witness, outside of the presence of the jury, that he or she is not to coach, cue, or in any way influence or attempt to influence the testimony of the minor. -(5) Order that a complete record of the examination of the minor, including the images and voices of all persons who in any way participate in the examination, be made and preserved as a video recording in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending and shall be made available for viewing to the prosecuting attorney, the defendant or defendants, and his or her attorney during ordinary business hours. The video recording shall be destroyed after five years have elapsed from the date of entry of judgment. If an appeal is filed, the video recording shall not be destroyed until a final judgment on appeal has been ordered. A video recording that is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the witness. This subdivision does not affect the provisions of subdivision (b) of Section 868.7. -(e) When the court orders the testimony of a minor to be taken in another place outside the courtroom, only the minor, a support person designated pursuant to Section 868.5, a nonuniformed bailiff, any technicians necessary to operate the closed-circuit equipment, and, after consultation with the prosecution and the defense, a representative appointed by the court, shall be physically present for the testimony. A video recording device shall record the image of the minor and his or her testimony, and a separate video recording device shall record the image of the support person. -(f) When the court orders the testimony of a minor to be taken in another place outside the courtroom, the minor shall be brought into the judge’s chambers prior to the taking of his or her testimony to meet for a reasonable period of time with the judge, the prosecutor, and defense counsel. A support person for the minor shall also be present. This meeting shall be for the purpose of explaining the court process to the minor and to allow the attorneys an opportunity to establish rapport with the minor to facilitate later questioning by closed-circuit television. A participant shall not discuss the defendant or defendants or any of the facts of the case with the minor during this meeting. -(g) When the court orders the testimony of a minor to be taken in another place outside the courtroom, this section does not prohibit the court from ordering the minor to be brought into the courtroom for a limited purpose, including the identification of the defendant or defendants as the court deems necessary. -(h) The examination shall be under oath, and the defendant or defendants shall be able to see and hear the minor witness, and if two-way closed-circuit television is used, the defendant’s image shall be transmitted live to the witness. -(i) This section does not affect the disqualification of witnesses pursuant to Section 701 of the Evidence Code. -(j) The cost of examination by contemporaneous closed-circuit television ordered pursuant to this section shall be borne by the court out of its existing budget. -(k) This section shall not be construed to prohibit a defendant from being represented by counsel during any closed-circuit testimony.","Existing law authorizes a court in a criminal proceeding, upon written notice by the prosecutor made at least 3 days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled or during the course of the proceeding on the court’s own motion, to order that the testimony of a minor 13 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes specified findings. One of the findings required by existing law requires is that the minor’s testimony will involve a recitation of the facts of specified crimes, including an alleged violent felony of which the minor is a victim. -This bill would authorize, under specified conditions, a minor 15 years of age or younger to testify by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys if the testimony will involve the recitation of the facts of an alleged offense of human trafficking.","An act to add Section 1347.1 to the Penal Code, relating to criminal procedure." -774,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 10.7 (commencing with Section 4650) is added to Division 2 of the Business and Professions Code, to read: -CHAPTER 10.7. Music Therapy -4650. -This chapter shall be known, and may be cited, as the Music Therapy Act. -4651. -The Legislature finds and declares the following: -(a) Existing national certification of music therapist requires the therapist to have graduated with a bachelor’s degree or its equivalent, or higher, from a music therapy degree program approved by the American Music Therapy Association (AMTA), successful completion of a minimum of 1,200 hours of supervised clinical work through preinternship training at an approved degree program, and internship training through approved national roster or university affiliated internship programs, or an equivalent. -(b) Upon successful completion of the AMTA academic and clinical training requirements or its international equivalent, an individual is eligible to sit for the national board certification exam administered by the Certification Board for Music Therapists (CBMT), an independent, nonprofit corporation fully accredited by the National Commission for Certifying Agencies. -(c) The CBMT grants the Music Therapist-Board Certified (MT-BC) credential to music therapists who have demonstrated the knowledge, skills, and abilities for competence in the current practice of music therapy. The purpose of board certification in music therapy is to provide an objective national standard that can be used as a measure of professionalism and competence by interested agencies, groups, and individuals. -(d) The MT-BC is awarded by the CBMT to an individual upon successful completion of an academic and clinical training program approved by the AMTA or an international equivalent and successful completion of an objective written examination demonstrating current competency in the profession of music therapy. The CBMT administers this examination, which is based on a nationwide music therapy practice analysis that is reviewed and updated every five years to reflect current clinical practice. -(e) Once certified, a music therapist must adhere to the CBMT Code of Professional Practice and recertify every five years through either a program of continuing education or reexamination. -4652. -It is the intent of the Legislature that this chapter do the following: -(a) Provide a statutory definition of music therapy. -(b) Enable consumers and state and local agencies to more easily identify qualified music therapists. -4653. -As used in this chapter: -(a) “Music therapy” means the clinical and evidence-based use of music therapy interventions in developmental, rehabilitative, habilitative, medical, mental health, preventive, wellness care, or educational settings to address physical, emotional, cognitive, and social needs of individuals within a therapeutic relationship. Music therapy includes the following: -(1) The development of music therapy treatment plans specific to the needs and strengths of the client who may be seen individually or in groups. -(2) Music therapy plans shall establish goals, objectives, and potential strategies of the music therapy services appropriate for the client and setting. -(b) “Music therapy interventions” include, but are not limited to, music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, singing, music performance, learning through music, music combined with other arts, music-assisted relaxation, music-based patient education, electronic music technology, adapted music intervention, and movement to music. -4654. -An individual who provides music therapy shall not refer to himself or herself using the title of “Board Certified Music Therapist” unless the individual has completed all of the following: -(a) A bachelors degree or its equivalent, or higher, from a music therapy degree program approved by the American Music Therapy Association using current standards, beginning with those adopted on April 1, 2015. -(b) A minimum of 1,200 hours of supervised clinical work through preinternship training at an approved degree program and internship training through an approved national roster or university affiliated internship program, or the equivalent. -(c) The current requirements for certification, beginning with those adopted on April 1, 2015, established by the CBMT for the MT-BC credential. -4655. -This chapter shall not be construed to authorize a person engaged in music therapy to state or imply that he or she provides mental health counseling, psychotherapy, or occupational therapy for which a license is required under this division. While the use of music is not restricted to any profession, the use of music shall not imply or suggest that the person is a Board Certified Music Therapist, if he or she does not meet the criteria specified in Section 4654. -4656. -It is an unfair business practice within the meaning of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7, for a person to use the title “Board Certified Music Therapist” if he or she does not meet the requirements of Section 4654.","Existing law provides for the licensure and regulation of various healing arts practitioners by boards within the Department of Consumer Affairs. -Existing law defines “unfair competition” to mean and include any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Under existing law, a person who engages in unfair competition is liable for a civil penalty not to exceed $2,500 for each violation. -Existing law establishes the State Department of Public Health and sets forth its powers and duties over the regulation of health facilities and adult day health care centers, including, but not limited to, adopting regulations setting forth applicable staffing standards. Existing regulations of the department applicable to intermediate care facilities for the developmentally disabled and for adult day health care centers define “music therapist” as a person who has a bachelor’s degree in music therapy and who is registered or eligible for registration by the National Association for Music Therapy, now known as the American Music Therapy Association. -This bill would prohibit a person who provides music therapy, as defined, from using the title of “Board Certified Music Therapist” unless the person has completed specified education and clinical training requirements. The bill would also establish that it is an unfair business practice for a person to use the title “Board Certified Music Therapist” if he or she does not meet those requirements. The bill would prohibit its provisions from being construed to authorize a person engaged in music therapy to state or imply that he or she provides mental health counseling, psychotherapy, or occupational therapy for which a license is required and provide that use of music therapy shall not imply or suggest that the person is a Board Certified Music Therapist, if he or she does not meet specified criteria.","An act to add Chapter 10.7 (commencing with Section 4650) to Division 2 of the Business and Professions Code, relating to music therapy." -775,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Duplicative, unnecessary, and outdated regulations have negatively impacted economic growth and job creation. -(b) State, regional, and local governments are ill-equipped to provide a holistic view of the total impact of regulatory action from all levels of state and local government on specific industries and types of businesses. -(c) The establishment of the California Regulatory Reform Council will promote economic growth and job creation by providing the Legislature and Governor with varied, but relevant, experiences and viewpoints to analyze the holistic impact of all levels of state and local regulations on specific industries operating within the state. -SEC. 2. -Chapter 5.9 (commencing with Section 8490) is added to Division 1 of Title 2 of the Government Code, to read: -CHAPTER 5.9. California Regulatory Reform Council -8490. -There is in the state government the California Regulatory Reform Council, hereafter in this chapter referred to as the “council.” The council shall be composed of 13 members as follows: -(a) Five members appointed by the Governor, as follows: -(1) Two public members who reside in different regions of the state so that, collectively, these members represent a geographical balance of the state. -(2) One member with professional experience in economic modeling of public policies and economic development activities who resides in southern California. -(3) One member with professional experience in economic modeling of public policies and economic development activities who resides in northern California. -(4) One member who represents the business community. -(b) Two members appointed by the Senate Committee on Rules, as follows: -(1) One member of the public. -(2) One member who represents the business community. -(c) Two members appointed by the Speaker of the Assembly, as follows: -(1) One member of the public. -(2) One member who represents the business community. -(d) Two Members of the Senate appointed by the Senate Committee on Rules. These members shall serve at the pleasure of the appointing authority but shall not be registered with the same political party. If a member, while serving on the council, registers with the same political party as the other member, the Senate Committee on Rules shall replace one of the members with a new member who is not registered with the same political party as the remaining member. -(e) Two Members of the Assembly appointed by the Speaker of the Assembly. These members shall serve at the pleasure of the appointing authority but shall not be registered with the same political party. If a member, while serving on the council, registers with the same political party as the other member, the Speaker of the Assembly shall replace one of the members with a new member who is not registered with the same political party as the remaining member. -(f) The members appointed pursuant to subdivisions (a) to (c), inclusive, shall serve two-year terms and may be reappointed for additional terms. -(g) All vacancies in the council membership shall be filled in the same manner in which original appointments were made. -8490.5. -For the purposes of expenditures for the support of the council, including the expenses of the members of the council, the council shall be deemed to be within the executive branch of state government, but the council shall not be subject to the control or direction of any officer or employee of the executive branch except in connection with the appropriation of funds approved by the Legislature. -8490.10. -The members of the council shall serve without compensation, but shall be reimbursed for -all necessary -the travel -expenses actually incurred in -the performance of their duties. -attending meetings. Members of the Assembly or Senate shall not be reimbursed for travel expenses, except in the instance where those costs will not be paid by their respective Houses of the Legislature. -8490.15. -For the purposes of this chapter, the Members of the Legislature serving as members of the council shall be considered a joint committee of the two houses of the Legislature constituted and to be acting as an investigating committee, and as such shall have the powers and duties imposed on such committees by the Joint Rules of the Senate and Assembly. -8490.20. -(a) All members shall be appointed on or before March 1, 2016. -(b) The council shall hold its first meeting on or before April 1, 2016. -(c) The council shall select from among its members a chairperson and vice chairperson, who shall not be registered as members of the same political party. -8490.25. -Six members of the council shall constitute a quorum. -8490.30. -It is the purpose of the Legislature to establish a multibody council, composed of individuals with varied, but relevant, experiences and viewpoints to analyze the holistic impact of all levels of state and local regulations on specific industries operating within the state. -8490.35. -The council, on its own motion, may, for the purpose of making reports and recommendations to assist the Legislature and Governor in respect to the matters listed in Section 8490.30, examine in detail the structure, organization, operation, and impact of all levels of state and local regulations on specific industries operating within the state. The council may make recommendations to the Governor and to the Legislature as the council deems necessary. -8490.40. -(a) The council shall establish an Internet Web site. -(b) On or before January 1, 2017, and at least annually thereafter, the council shall post on its Internet Web site -a -all of the following: -(1) A -list of its ongoing -activities and its final reports. -activities. -(2) The agenda, list of individuals who testified, and background materials distributed by the council for each meeting. -(3) Copies of final reports prepared by the council or on behalf of the council. -(c) All materials required to be posted pursuant to subdivision (b) shall remain accessible from the Internet Web site until January 1, 2022. -8490.45. -This chapter shall remain in effect only until January 1, 2022, and as of that date is repealed.","Existing law establishes the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy in state government with a specified membership and independent state oversight duties. -This bill would establish, until January 1, 2022, the California Regulatory Reform Council, composed of 13 members appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly, as specified. -This bill would require 4 of the 13 members of the council to be Members of the Legislature who are to be considered a joint committee of the 2 houses of the Legislature constituted and acting as an investigating committee. -This bill would authorize the council, on its own motion, to make reports and recommendations to assist the Legislature and Governor in respect to the holistic impact of all levels of state and local regulations on specific industries operating within the state. This bill would deem the council to be within the executive branch of state government, but prohibit the council from being subject to the control or direction of any officer or employee of the executive branch, except in connection with the appropriation of funds approved by the Legislature. This bill would require the -council to, -council, -on or before January 1, 2017, and at least annually thereafter, to post on its Internet Web site a list of its ongoing -activities and its final reports. -activities, specified information regarding meetings, and copies of final reports. -This bill would make legislative findings in regards to these provisions.","An act to add and repeal Chapter 5.9 (commencing with Section 8490) of Division 1 of Title 2 of the Government Code, relating to state government." -776,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 31468 of the Government Code is amended to read: -31468. -(a) “District” means a district, formed under the laws of the state, located wholly or partially within the county other than a school district. -(b) “District” also includes any institution operated by two or more counties, in one of which there has been adopted an ordinance placing this chapter in operation. -(c) “District” also includes any organization or association authorized by Chapter 26 of the Statutes of 1935, as amended by Chapter 30 of the Statutes of 1941, or by Section 50024, which organization or association is maintained and supported entirely from funds derived from counties, and the board of any retirement system is authorized to receive the officers and employees of that organization or association into the retirement system managed by the board. -(d) “District” also includes, but is not limited to, any sanitary district formed under Part 1 (commencing with Section 6400) of Division 6 of the Health and Safety Code. -(e) “District” also includes any city, public authority, public agency, and any other political subdivision or public corporation formed or created under the constitution or laws of this state and located or having jurisdiction wholly or partially within the county. -(f) “District” also includes any nonprofit corporation or association conducting an agricultural fair for the county pursuant to a contract between the corporation or association and the board of supervisors under the authority of Section 25905. -(g) “District” also includes the Regents of the University of California, but with respect only to employees who were employees of a county in a county hospital, who became university employees pursuant to an agreement for transfer to the regents of a county hospital or of the obligation to provide professional medical services at a county hospital, and who under that agreement had the right and did elect to continue membership in the county’s retirement system established under this chapter. -(h) “District” also includes the South Coast Air Quality Management District, a new public agency created on February 1, 1977, pursuant to Chapter 5.5 (commencing with Section 40400) of Part 3 of Division 26 of the Health and Safety Code. -(1) Employees of the South Coast Air Quality Management District shall be deemed to be employees of a new public agency occupying new positions on February 1, 1977. On that date, those new positions are deemed not to have been covered by any retirement system. -(2) No retirement system coverage may be effected for an employee of the South Coast Air Quality Management District who commenced employment with the district during the period commencing on February 1, 1977, and ending on December 31, 1978, unless and until the employee shall have elected whether to become a member of the retirement association established in accordance with this chapter for employees of Los Angeles County or the retirement association established in accordance with this chapter for employees of San Bernardino County. The election shall occur before January 1, 1980. Any employee who fails to make the election provided for herein shall be deemed to have elected to become a member of the retirement association established in accordance with this chapter for the County of Los Angeles. -(3) The South Coast Air Quality Management District shall make application to the retirement associations established in accordance with this chapter for employees of Los Angeles County and San Bernardino County for coverage of employees of the South Coast Air Quality Management District. -(4) An employee of the South Coast Air Quality Management District who commenced employment with the district during the period commencing on February 1, 1977, and ending on December 31, 1978, and who has not terminated employment before January 1, 1980, shall be covered by the retirement association elected by the employee pursuant to paragraph (2). That coverage shall be effected no later than the first day of the first month following the date of the election provided for in paragraph (2). -(5) Each electing employee shall receive credit for all service with the South Coast Air Quality Management District. However, the elected retirement association may require, as a prerequisite to granting that credit, the payment of an appropriate sum of money or the transfer of funds from another retirement association in an amount determined by an enrolled actuary and approved by the elected retirement association’s board. The amount to be paid shall include all administrative and actuarial costs of making that determination. The amount to be paid shall be shared by the South Coast Air Quality Management District and the employee. The share to be paid by the employee shall be determined by good faith bargaining between the district and the recognized employee organization, but in no event shall the employee be required to contribute more than 25 percent of the total amount required to be paid. The elected retirement association’s board may not grant that credit for that prior service unless the request for that credit is made to, and the required payment deposited with, the elected retirement association’s board no earlier than January 1, 1980, and no later than June 30, 1980. The foregoing shall have no effect on any employee’s rights to reciprocal benefits under Article 15 (commencing with Section 31830). -(6) An employee of the South Coast Air Quality Management District who commenced employment with the district after December 31, 1978, shall be covered by the retirement association established in accordance with this chapter for employees of San Bernardino County. That coverage shall be effected as of the first day of the first month following the employee’s commencement date. -(7) Notwithstanding paragraphs (2) and (4) above, employees of the South Coast Air Quality Management District who were employed between February 1, 1977, and December 31, 1978, and who terminate their employment between February 1, 1977, and January 1, 1980, shall be deemed to be members of the retirement association established in accordance with this chapter for the employees of Los Angeles County commencing on the date of their employment with the South Coast Air Quality Management District. -(i) “District” also includes any nonprofit corporation that operates one or more museums within a county of the 15th class, as described by Sections 28020 and 28036 of the Government Code, as amended by Chapter 1204 of the Statutes of 1971, pursuant to a contract between the corporation and the board of supervisors of the county, and that has entered into an agreement with the board and the county setting forth the terms and conditions of the corporation’s inclusion in the county’s retirement system. -(j) “District” also includes any economic development association funded in whole or in part by a county of the 15th class, as described by Sections 28020 and 28036 of the Government Code, as amended by Chapter 1204 of the Statutes of 1971, and that has entered into an agreement with the board of supervisors and the county setting forth the terms and conditions of the association’s inclusion in the county’s retirement system. -(k) “District” also includes any special commission established in the Counties of Tulare and San Joaquin as described by Section 14087.31 of the Welfare and Institutions Code, pursuant to a contract between the special commission and the county setting forth the terms and conditions of the special commission’s inclusion in the county’s retirement system with the approval of the board of supervisors and the board of retirement. -(l) (1) “District” also includes the retirement system established under this chapter in Orange County. -(2) “District” also includes the retirement system established under this chapter in San Bernardino County at such time as the board of retirement, by resolution, makes this section applicable in that county. -(3) “District” also includes the retirement system established under this chapter in Contra Costa County. -(4) “District” also includes the retirement system established under this chapter in Ventura County. -(m) “District” also includes the Kern County Hospital Authority, a public agency that is a local unit of government established pursuant to Chapter 5.5 (commencing with Section 101852) of Part 4 of Division 101 of the Health and Safety Code. -SEC. 2. -Section 31522.10 is added to the Government Code, to read: -31522.10. -(a) In a county in which the board of retirement has appointed personnel pursuant to Section 31522.1, the board of retirement may appoint a retirement administrator, chief financial officer, chief operations officer, chief investment officer, and general counsel. -(b) Notwithstanding any other law, the personnel appointed pursuant to this section shall not be county employees but shall be employees of the retirement system, subject to terms and conditions of employment established by the board of retirement. Except as specifically provided in this subdivision, all other personnel shall be county employees for purposes of the county’s employee relations resolution, or equivalent local rules, and the terms and conditions of employment established by the board of supervisors for county employees, including those set forth in a memorandum of understanding. -(c) Except as otherwise provided by Sections 31529.9 and 31596.1, the compensation of personnel appointed pursuant to this section shall be an expense of administration of the retirement system, pursuant to Section 31580.2. -(d) The board of retirement and board of supervisors may enter into any agreements as may be necessary and appropriate to carry out the provisions of this section. -(e) Section 31522.2 is not applicable to a retirement system that elects to appoint personnel pursuant to this section. -(f) This section shall apply only to the retirement system established under this chapter in Ventura County at such time as the board of retirement, by resolution, makes this section applicable in that county. -SEC. 3. -Section 31557.3 of the Government Code is amended to read: -31557.3. -On the date a district, as defined in subdivision (l) of Section 31468, is included in the retirement system, any personnel appointed pursuant to Sections 31522.5, 31522.9, 31522.10, and 31529.9 who had previously been in county service shall continue to be members of the system without interruption in service or loss of credit. Thereafter, each person entering employment with the district shall become a member of the system on the first day of the calendar month following his or her entrance into service. -SEC. 4. -Section 31580.2 of the Government Code is amended to read: -31580.2. -(a) In counties in which the board of retirement, or the board of retirement and the board of investment, have appointed personnel pursuant to Section 31522.1, 31522.5, 31522.7, 31522.9, or 31522.10, the respective board or boards shall annually adopt a budget covering the entire expense of administration of the retirement system which expense shall be charged against the earnings of the retirement fund. The expense incurred in any year may not exceed the greater of either of the following: -(1) Twenty-one hundredths of 1 percent of the accrued actuarial liability of the retirement system. -(2) Two million dollars ($2,000,000), as adjusted annually by the amount of the annual cost-of-living adjustment computed in accordance with Article 16.5 (commencing with Section 31870). -(b) Expenditures for computer software, computer hardware, and computer technology consulting services in support of these computer products shall not be considered a cost of administration of the retirement system for purposes of this section.","Existing law, the County Employees Retirement Law of 1937, authorizes counties to establish retirement systems, as specified, in order to provide pension benefits to county, city, and district employees. Existing law defines a district for these purposes and includes specified county retirement systems within the definition. -This bill would include the retirement system established under these provisions in the County of Ventura within the definition of district. -The County Employees Retirement Law of 1937 also authorizes the board of retirement, in a county in which the board has appointed administrative, technical, and clerical staff personnel, to also appoint other administrators, managers, and legal counsel, as specified. These appointees are not classified as county employees and are therefor not subject to the civil service system, but are employees of the retirement system subject to the terms of employment determined by the board of retirement. -This bill would authorize the board of retirement of Ventura County to appoint a retirement administrator, chief financial officer, chief operations officer, chief investment officer, and general counsel. The bill would require these appointees to be employees of the retirement system, and not of the county, and subject to terms and conditions of employment established by the board of retirement. The bill would provide that the compensation of these appointees is an expense of the administration of the retirement system. The bill would grant the board of retirement and the board of supervisors authority to enter into agreements necessary to implement its provisions and would except the retirement system from specified requirements relating to retirement administrators. The bill would provide that these provisions apply to the Ventura County retirement system only upon adoption of a specified resolution by the board of retirement. The bill would make conforming changes.","An act to amend Sections 31468, 31557.3, and 31580.2 of, and to add Section 31522.10 to, the Government Code, relating to retirement." -777,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19130 of the Government Code is amended to read: -19130. -The purpose of this article is to establish standards for the use of personal services contracts. -(a) Personal services contracting is permissible to achieve cost savings when all the following conditions are met: -(1) The contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the state, provided that: -(A) In comparing costs, there shall be included the state’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. -(B) In comparing costs, there shall not be included the state’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed in state service. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. -(C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing state costs that would be directly associated with the contracted function. These continuing state costs shall include, but not be limited to, those for inspection, supervision, and monitoring. -(2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not significantly undercut state pay rates. -(3) The contract does not cause the displacement of civil service employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. -(4) The contract does not adversely affect the state’s affirmative action efforts. -(5) The savings shall be large enough to ensure that they will not be eliminated by private sector and state cost fluctuations that could normally be expected during the contracting period. -(6) The amount of savings clearly justify the size and duration of the contracting agreement. -(7) The contract is awarded through a publicized, competitive bidding process. -(8) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination, affirmative action standards. -(9) The potential for future economic risk to the state from potential contractor rate increases is minimal. -(10) The contract is with a firm. A “firm” means a corporation, partnership, nonprofit organization, or sole proprietorship. -(11) The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by state government. -(b) Except as provided in subdivision (d), personal services contracting also shall be permissible when any of the following conditions can be met: -(1) The functions contracted are exempted from civil service by Section 4 of Article VII of the California Constitution, which describes exempt appointments. -(2) The contract is for a new state function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. -(3) The services contracted are not available within civil service, cannot be performed satisfactorily by civil service employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the civil service system. -(4) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. -(5) The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of persons selected pursuant to the regular civil service system. Contracts are permissible under this criterion to protect against a conflict of interest or to insure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. -(6) The nature of the work is such that the Government Code standards for emergency appointments apply. These contracts shall conform with Article 8 (commencing with Section 19888) of Chapter 2.5 of Part 2.6. -(7) State agencies need private counsel because a conflict of interest on the part of the Attorney General’s office prevents it from representing the agency without compromising its position. These contracts shall require the written consent of the Attorney General, pursuant to Section 11040. -(8) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the state in the location where the services are to be performed. -(9) The contractor will conduct training courses for which appropriately qualified civil service instructors are not available, provided that permanent instructor positions in academies or similar settings shall be filled through civil service appointment. -(10) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under civil service would frustrate their very purpose. -(c) All persons who provide services to the state under conditions the board determines constitute an employment relationship shall, unless exempted from civil service by Section 4 of Article VII of the California Constitution, be retained under an appropriate civil service appointment. -(d) A personal services contract otherwise permitted pursuant to subdivision (b) is prohibited if it would cause the displacement of civil service employees. For the purposes of this subdivision, “displacement” includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location.","The California Constitution provides that the civil service includes every officer and employee in the state except as otherwise provided in the Constitution. Existing law, the State Civil Service Act, however, permits the use of personal services contracts by state agencies if specified conditions are met. In this regard, a state agency may use a personal service contract to achieve cost savings if, among other conditions, the contract does not cause the displacement, as defined, of civil service employees. Existing law also permits the use of personal services contracts in response to particular conditions, including during emergencies, if the contract is for a new state function and the Legislature has mandated or authorized the performance of work by independent contractors, or to protect against a conflict of interest, among others. -This bill would make the use of personal services contracts in response to particular conditions, as described above, conditional on the contract not causing the displacement, as defined, of civil service employees.","An act to amend Section 19130 of the Government Code, relating to civil service." -778,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 927.2 of the Government Code is amended to read: -927.2. -The following definitions apply to this chapter: -(a) “Claim schedule” means a schedule of payment requests prepared and submitted by a state agency to the Controller for payment to the named claimant. -(b) “Grant” means a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency. Any such grant is a contract and subject to this chapter. -(c) “Invoice” means a bill or claim that requests payment on a contract under which a state agency acquires property or services or pursuant to a signed final grant agreement. -(d) “Medi-Cal program” means the program established pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. -(e) “Nonprofit public benefit corporation” means a corporation, as defined by subdivision (b) of Section 5046 of the Corporations Code, that has registered with the Department of General Services as a small business. -(f) “Nonprofit service organization” means a nonprofit entity that is organized to provide services to the public. -(g) “Notice of refund or other payment due” means a state agency provides notice to the person that a refund or payment is owed to that person or the state agency receives notice from the person that a refund or undisputed payment is due. -(h) “Payment” means any form of the act of paying, including, but not limited to, the issuance of a warrant or a registered warrant by the Controller, or the issuance of a revolving fund check by a state agency, to a claimant in the amount of an undisputed invoice. -(i) “Reasonable cause” means a determination by a state agency that any of the following conditions are present: -(1) There is a discrepancy between the invoice or claimed amount and the provisions of the contract or grant. -(2) There is a discrepancy between the invoice or claimed amount and either the claimant’s actual delivery of property or services to the state or the state’s acceptance of those deliveries. -(3) Additional evidence supporting the validity of the invoice or claimed amount is required to be provided to the state agency by the claimant. -(4) The invoice has been improperly executed or needs to be corrected by the claimant. -(5) There is a discrepancy between the refund or other payment due as calculated by the person to whom the money is owed and by the state agency. -(j) “Received by a state agency” means the date an invoice is delivered to the state location or party specified in the contract or grant or, if a state location or party is not specified in the contract or grant, wherever otherwise specified by the state agency. -(k) “Required payment approval date” means the date on which payment is due as specified in a contract or grant or, if a specific date is not established by the contract or grant, 30 calendar days following the date upon which an undisputed invoice is received by a state agency. -(l) “Revolving fund” means a fund established pursuant to Article 5 (commencing with Section 16400) of Division 4 of Title 2. -(m) “Small business” means a business certified as a “small business” in accordance with subdivision (d) of Section 14837, including certified small businesses engaged in the development, design, and construction of California’s high-speed rail system pursuant to the California High-Speed Rail Act (Division 19.5 (commencing with Section 185000) of the Public Utilities Code). -(n) “Small business” and “nonprofit organization” mean, in reference to providers under the Medi-Cal program, a business or organization that meets all of the following criteria: -(1) The principal office is located in California. -(2) The officers, if any, are domiciled in California. -(3) If a small business, it is independently owned and operated. -(4) The business or organization is not dominant in its field of operation. -(5) Together with any affiliates, the business or organization has gross receipts from business operations that do not exceed -three -four -million dollars -($3,000,000) -($4,000,000) -per year, except that the Director of Health Services may increase this amount if the director deems that this action would be in furtherance of the intent of this chapter. -SECTION 1. -Section 927 of the -Government Code -is amended to read: -927. -(a)This chapter shall be known and may be cited as the California Prompt Payment Act. -(b)It is the intent of the Legislature that state agencies pay properly submitted, undisputed invoices, refunds, or other undisputed payments due to individuals within 45 days of receipt or notification thereof, or automatically calculate and pay the appropriate late payment penalties as specified in this chapter. -(c)Notwithstanding any other law, this chapter shall apply to all state agencies, including, but not limited to, the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Treasurer, and the Department of General Services.","The California Prompt Payment Act dictates that a state agency that fails to make a timely payment for goods or services acquired pursuant to a contract with a specified business or organization is subject to a late payment -penalty, and dictates that the act applies to all state agencies, including, but not limited to, the Public Employees’ Retirement System. -penalty. The act does not apply to claims for reimbursement for health care services provided under the Medi-Cal program, unless the Medi-Cal health care services provider is a small business or nonprofit organization. The act defines the terms “small business” and “nonprofit organization,” in reference to providers under the Medi-Cal program, to mean a business or organization that meets specified criteria, including that, except as specified, together with any affiliates, the business or organization has gross receipts from business operations that do not exceed $3,000,000 per year. -This bill would make a nonsubstantive change to this provision. -This bill would increase that gross receipts maximum to $4,000,000.","An act to amend Section -927 -927.2 -of the Government Code, relating to state government." -779,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 23363.1 of the Business and Professions Code is amended to read: -23363.1. -(a) A distilled spirits manufacturer’s license or a craft distiller’s license authorizes the licensee to conduct tastings of distilled spirits produced or bottled by, or produced or bottled for, the licensee, on or off the licensee’s premises. -(b) (1) Distilled spirits tastings may be conducted by the licensee off the licensee’s premises only for an event sponsored by a nonprofit organization. A distilled spirits manufacturer shall not sell or solicit sales of distilled spirits at an event. The sponsoring organization shall first obtain a permit from the department. -(2) For purposes of this subdivision, “nonprofit organization” does not include any community college or other institution of higher learning, as defined in the Education Code, nor does it include any officially recognized club, fraternity, or sorority, whether or not that entity is located on or off the institution’s campus. -(c) Tastings on the licensee’s premises shall be subject to the following conditions: -(1) The total volume of tastings of distilled spirits shall not exceed one and one-half ounces per individual per day. -(2) Tastings shall only include the products that are authorized to be produced or bottled by or for the licensee. -(3) A person under 21 years of age shall not serve tastes of distilled spirits. -(d) Notwithstanding Section 25600, the licensee may provide distilled spirits without charge for any tastings conducted pursuant to this section. The licensee may charge for tastings conducted by the licensee on its licensed premises. -(e) This section shall not relieve the holder of a distilled spirits manufacturer’s license of any civil or criminal liability arising out of a violation of Section 25602. -SEC. 2. -Article 6 (commencing with Section 23500) is added to Chapter 3 of Division 9 of the Business and Professions Code, to read: -Article 6. Craft Distiller’s Licenses -23500. -This act shall be known, and may be referenced as, the Craft Distillers Act of 2015. -23501. -The Legislature hereby finds and declares all of the following: -(a) The regulation and licensing of the sale of alcoholic beverages in this state has operated for over 80 years under what is commonly referred to as the “three-tier system,” which generally prohibits vertical integration within the distilled spirits industry. This system has helped in protecting against undue marketing influences within the distilled spirits industry and assisted the goals of promoting temperance and reasonable regulation of the sale of distilled spirits within the state. In addition, this system has helped create thousands of jobs and billions of dollars in economic development within California. -(b) Small craft distillers have begun to operate in this state, and these craft distillers have begun to increase employment and provide jobs and economic development in various locations within the state. -(c) It is the intent of the Legislature, in enacting this act, to encourage the development of the craft distilling industry within the state by enacting various limited exemptions to the general provisions of the three-tier system, while also continuing to uphold and support the three-tier system as the appropriate mechanism for regulating and licensing the sale of distilled spirits in California. -23502. -(a) The department may issue a craft distiller’s license to a person that has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of distilled spirits. The craft distiller’s license authorizes the licensee to do all of the following: -(1) Manufacture distilled spirits. A licensed craft distiller may manufacture up to 100,000 gallons of distilled spirits per fiscal year (July 1 through June 30), excluding brandy the craft distiller manufactures or has manufactured for them pursuant to a brandy manufacturer license, as reported to the department in the manner prescribed by the department for the fiscal year prior to the date of submitting an application for the license. -(2) Package, rectify, mix, flavor, color, label, and export only those distilled spirits manufactured by the licensee. -(3) Only sell distilled spirits that are manufactured and packaged by the licensee solely to a wholesaler, manufacturer, winegrower, manufacturer’s agent, or rectifier that holds a license authorizing the sale of distilled spirits or to persons that take delivery of those distilled spirits within this state for delivery or use without the state. -(4) Deal in warehouse receipts. -(b) A craft distiller’s license shall not be issued to any person, any officer, director, employee, or agent of such person, or any person who is affiliated with, directly or indirectly, a person that manufactures or has manufactured for them more than 100,000 gallons of distilled spirits per year within or without the state, excluding brandy it manufactures or has manufactured for them pursuant to a brandy manufacturer license, or to any person that is affiliated with, directly or indirectly, a wholesaler. -(c) (1) The fee for an original craft distiller’s license issued pursuant to this section shall be consistent with the distilled spirits manufacturer’s license and shall be adjusted pursuant to subdivisions (b) and (c) of Section 23320. -(2) The annual license fee for a craft distiller’s license shall be consistent with the distilled spirits manufacturer’s license and shall be adjusted pursuant to subdivisions (b) and (c) of Section 23320. -(3) All moneys collected as fees pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. -(d) A licensed craft distiller shall report to the department, at the time of renewal in the manner prescribed by the department, the amount of distilled spirits manufactured, excluding brandy manufactured by or for the licensee pursuant to a brandy manufacturer license, during the previous fiscal year. If the report to the department establishes that the licensee no longer qualifies to hold a craft distiller’s license, the department shall renew the license as a distilled spirits manufacturer’s license. -23504. -Notwithstanding any other provision, a licensed craft distiller may sell up to the equivalent of 2.25 liters in any combination of prepackaged containers per day per consumer of distilled spirits manufactured by the licensee at its premises to a consumer attending an instructional tasting conducted by the licensee on its licensed premises pursuant to subdivision (c) of Section 23363.1. -23506. -(a) Notwithstanding any other provision of this division, a licensed craft distiller or one or more of its direct or indirect subsidiaries of which the licensed craft distiller owns not less than a 51-percent interest, who manufactures or produces, bottles, processes, imports, or sells distilled spirits under a craft distiller’s license or any other license issued pursuant to this division, or any officer or director of, or any person holding any interest in, those persons may serve as an officer or director of, and may hold the ownership of any interest or any financial or representative relationship in, any on-sale license, or the business conducted under that license, provided that, except in the case of a holder of on-sale general licenses for airplanes and duplicate on-sale general licenses for air common carriers, all of the following conditions are met: -(1) The on-sale licensee purchases all alcoholic beverages sold and served only from California wholesale licensees. -(2) The number of distilled spirits items by brand offered for sale by the on-sale licensee that are manufactured, produced, bottled, processed, imported, or sold by the licensed craft distiller or by the subsidiary of which the licensed craft distiller owns not less than 51 percent, or by any officer or director of, or by any person holding any interest in, those persons does not exceed 15 percent of the total distilled spirits items by brand listed and offered for sale by the on-sale licensee selling and serving that distilled spirit. Notwithstanding paragraph (1), distilled spirits sold pursuant to this provision may be purchased from a California licensed craft distiller so long as the distilled spirits purchased are produced or bottled by, or produced and packaged for, the same licensed craft distiller that holds an interest in the on-sale license and such direct sales do not involve more than two on-sale licenses in which the licensed craft distiller or any person holding an interest in the licensed craft distiller holds any interest, directly or indirectly, either individually or in combination or together with each other in the aggregate. -(3) None of the persons specified in this section may have any of the interests specified in this section in more than two on-sale licenses. -(b) Notwithstanding any other provision of this division, a licensed craft distiller that has an interest in one or more on-sale retail licenses pursuant to this section may continue to hold that interest in the event the licensee no longer qualifies as a craft distiller, provided that the interest was first obtained at a time when the licensee did hold a craft distiller’s license pursuant to Section 23502. -(c) A craft distiller licensee may sell all beers, wines, brandies, or distilled spirits to consumers for consumption on the premises in a bona fide eating place as defined in Section 23038, which is located on the licensed premises or on premises owned by the licensee that are contiguous licensed premises and which is operated by and for the licensee, provided that any alcoholic beverage products not manufactured or produced by the licensee must be purchased from a licensed wholesaler. Beer, wine, and brandy may be used in the preparation of food and beverages in the bona fide public eating place for consumption on the premises. -23508. -(a) A licensed craft distiller may also have upon its licensed premises all beers, wines, and distilled spirits, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not manufactured or produced and bottled by, or manufactured or produced and packaged for, the licensed craft distiller shall be purchased by the licensed craft distiller only from a licensed wholesaler. -(b) Notwithstanding any other provision of this division, in the event that the licensee no longer qualifies as a craft distiller due to the amount of distilled spirits reported pursuant to Section 23502, the licensee may continue to hold the privileges granted by this section. -SEC. 3. -Section 23771 of the Business and Professions Code is amended to read: -23771. -A distilled spirits license of any kind, except a distilled spirits manufacturer’s, a craft distiller’s, or a distilled spirits manufacturer’s agent’s license, shall not be issued to any person, or to any officer, director, employee, or agent of any person that manufactures distilled spirits within or without this state. -SEC. 4. -Section 23772 of the Business and Professions Code is amended to read: -23772. -(a) A distilled spirits manufacturer’s or distilled spirits manufacturer’s agent’s license shall not be held by any person that holds any ownership or interest, directly or indirectly, by stock ownership, interlocking directors, trusteeship, loan, mortgage, or lien on any personal or real property, or otherwise, in any craft distiller’s, distilled spirits wholesaler’s, rectifier’s, or retailer’s license. -(b) The provisions of this section shall not apply to the financial or representative relationship between a manufacturer, winegrower, manufacturer’s agent, rectifier, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of that person, and a person holding only one of the following types of licenses: -(1) On-sale general license for a bona fide club. -(2) Club license (issued under Article 4 (commencing at Section 23425) of Chapter 3). -(3) Veterans’ club license (issued under Article 5 (commencing at Section 23450) of Chapter 3). -(4) On-sale license for boats, trains, sleeping cars, or airplanes where the alcoholic beverages produced or sold by the manufacturer, winegrower, manufacturer’s agent, rectifier, bottler, importer, or wholesaler or any officer, director, or agent of that person are not sold, furnished, or given, directly or indirectly, to the on-sale licensee.","The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Existing law provides for various annual fees for the issuance of alcoholic beverage licenses, depending upon the type of license issued. -This bill, the Craft Distillers Act of 2015, would authorize the department to issue a craft distiller’s license to manufacture distilled spirits, subject to specified conditions, including that the licensee manufacture no more than 100,000 gallons of distilled spirits per fiscal year, excluding brandy the craft distiller manufactures or has manufactured for them. The bill would allow the craft distiller’s licensee to sell distilled spirits to specified consumers, to own interests in on-sale retail licenses, and to sell beer, wines, brandies, and distilled spirits to consumers for consumption on the premises of a bona fide eating place, as provided. The bill would impose an original fee and an annual renewal fee for the license, which would be deposited in the Alcohol Beverage Control Fund. -The Alcoholic Beverage Control Act authorizes a licensed distilled spirits manufacturer to conduct tastings of distilled spirits produced or bottled by, or produced or bottled for, the licensee, on the licensed premises, under specified conditions, including that tasting not be given in the form of a cocktail or mixed drink. -This bill would extend that authorization to a licensed craft distiller and would revise the tasting conditions by allowing a tasting to be given in the form of a cocktail or mixed drink. -Existing law prohibits a distilled spirits manufacturer’s or distilled spirits manufacturer’s agent’s license from being held by a person that holds any ownership or interest in any distilled spirits wholesaler’s, rectifier’s, or retailer’s license, as specified. -This bill would additionally prohibit a distilled spirits manufacturer’s or distilled spirits manufacturer’s agent’s license from being held by a person that holds any ownership or interest in a craft distiller’s license.","An act to amend Sections 23363.1, 23771, and 23772 of, and to add Article 6 (commencing with Section 23500) to Chapter 3 of Division 9 of, the Business and Professions Code, relating to alcoholic beverages." -780,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 9114 of the Elections Code is amended to read: -9114. -Except as provided in Section 9115, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall examine the petition, and from the records of registration ascertain whether or not the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition. -In determining the number of valid signatures, the elections official may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law. -The elections official shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition. -If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date. -If the petition is found sufficient, the elections official shall immediately place the initiative measure that is the subject of the petition on the election ballot for which it qualifies pursuant to Section 1405, and certify the results of the examination to the board of supervisors at the next regular meeting of the board. If more than one election date is legally available, the elections official shall place the measure on the ballot for the earliest legally possible date unless the board of supervisors by resolution chooses a different legally possible date pursuant to Section 9116, 9118, 9214, 9215, 9310, or 9311. The measure shall not be removed from the ballot on which it has been placed under the procedures set forth above unless the elections official is notified in writing that the board of supervisors has adopted the measure without alteration, or the elections official is ordered to remove the measure via writ of mandate or injunction issued by a court of competent jurisdiction. -SEC. 2. -Section 9115 of the Elections Code is amended to read: -9115. -(a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9114 shows that more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn so that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500, or 3 percent of the signatures, whichever is greater. -(b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall, within 60 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, examine and verify the signatures filed. If the elections official determines, prior to completing the examination of each signature filed, that the petition is signed by the requisite number of qualified voters to declare the petition sufficient, the elections official may terminate the verification of the remaining unverified signatures. -(c) In determining from the records of registration, what number of valid signatures are signed on the petition, the elections official may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law. -(d) The elections official shall attach to the petition a certificate showing the result of this examination and shall notify the proponents of either the sufficiency or insufficiency of the petition. -(e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect. -(f) If the petition is found to be sufficient, the elections official shall immediately place the initiative measure that is the subject of the petition on the election ballot for which it qualifies pursuant to Section 1405, and certify the results of the examination to the board of supervisors at the next regular meeting of the board. If more than one election date is legally available, the elections official shall place the measure on the ballot for the earliest legally possible date unless the board of supervisors by resolution chooses a different legally possible date pursuant to Section 9116, 9118, 9214, 9215, 9310, or 9311. The measure shall not be removed from the ballot on which it has been placed under the procedures set forth above unless the elections official is notified in writing that the board of supervisors has adopted the measure without alteration, or the elections official is ordered to remove the measure via writ of mandate or injunction issued by a court of competent jurisdiction. -SEC. 3. -Section 9211 of the Elections Code is amended to read: -9211. -After the petition has been filed, as herein provided, the elections official shall examine -and act on -the petition in the same manner as are county petitions in accordance with Sections 9114 and 9115, except that for the purposes of this section, references to the board of supervisors shall be treated as references to the legislative body of the city. -SEC. 3. -SEC. 4. -Section 9308 of the Elections Code is amended to read: -9308. -Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays and holidays, the district elections official shall examine -and act on -the petition in the same manner as are county petitions in accordance with Sections 9114 and 9115, except that for purposes of this section, references to the board of supervisors shall be treated as references to the legislative body of the district. -SEC. 4. -SEC. 5. -Section 9309 of the Elections Code is repealed. -SEC. 5. -SEC. 6. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law authorizes any person who meets specified requirements to circulate an initiative petition to be presented to the voters at a municipal, county, or special district election. Existing law requires the elections official to examine the petitions, and from the records of registration ascertain whether or not the petition is signed by the requisite number of voters. If the petition is found sufficient, the elections official is required to certify the results of the examination to the appropriate legislative body. -This bill would additionally require the elections official to immediately place the initiative measure on the election ballot for which it qualifies if the official finds the petition to be sufficient. If more than one election date is legally possible, the official would be required to place the measure on the ballot for the earliest legally possible date, unless as specified. The bill would apply this procedure to municipal, county, and district initiative measures, including city and city and county charter proposals, and to municipal referendum measures. The bill also would make a technical change. -By imposing new requirements on local elections officials, the bill would create a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 9114, 9115, -9211, -and 9308 of, and to repeal Section 9309 of, the Elections Code, relating to elections." -781,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14714 of the Welfare and Institutions Code is amended to read: -14714. -(a) (1) Except as otherwise specified in this chapter, a contract entered into pursuant to this chapter shall include a provision that the mental health plan contractor shall bear the financial risk for the cost of providing medically necessary specialty mental health services to Medi-Cal beneficiaries. -(2) If the mental health plan is not administered by a county, the mental health plan shall not transfer the obligation for any specialty mental health services to Medi-Cal beneficiaries to the county. The mental health plan may purchase services from the county. The mental health plan shall establish mutually agreed-upon protocols with the county that clearly establish conditions under which beneficiaries may obtain non-Medi-Cal reimbursable services from the county. Additionally, the plan shall establish mutually agreed-upon protocols with the county for the conditions of transfer of beneficiaries who have lost Medi-Cal eligibility to the county for care under Part 2 (commencing with Section 5600), Part 3 (commencing with Section 5800), and Part 4 (commencing with Section 5850) of Division 5. -(3) The mental health plan shall be financially responsible for ensuring access and a minimum required scope of benefits and services, consistent with state and federal requirements, to Medi-Cal beneficiaries who are residents of that county regardless of where the beneficiary resides, except as provided for in Section 14717.1. The department shall require that the same definition of medical necessity be used, and the minimum scope of benefits offered by each mental health plan be the same, except to the extent that prior federal approval is received and is consistent with state and federal laws. -(b) (1) Any contract entered into pursuant to this chapter may be renewed if the mental health plan continues to meet the requirements of this chapter, regulations promulgated pursuant to this chapter, and the terms and conditions of the contract. Failure to meet these requirements shall be cause for nonrenewal of the contract. The department may base the decision to renew on timely completion of a mutually agreed-upon plan of correction of any deficiencies, submissions of required information in a timely manner, or other conditions of the contract. -(2) In the event the contract is not renewed based on the reasons specified in paragraph (1), the department shall notify the Department of Finance, the fiscal and policy committees of the Legislature, and the Controller of the amounts to be sequestered from the Mental Health Subaccount, the Mental Health Equity Account, and the Vehicle License Fee Collection Account of the Local Revenue Fund and the Mental Health Account and the Behavioral Health Subaccount of the Local Revenue Fund 2011, and the Controller shall sequester those funds in the Behavioral Health Subaccount pursuant to Section 30027.10 of thetion and notification to affected beneficiaries. The plan may request a hearing by the Office of Administrative Hearings and Appeals. -(e) A mental health plan may terminate its contract in accordance with the provisions in the contract. The mental health plan shall provide written notice to the department at least 180 days prior to the termination or nonrenewal of the contract. -(f) Upon the request of the director, the Director of the Department of Managed Health Care may exempt a mental health plan from the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). These exemptions may be subject to conditions the director deems appropriate. Nothing in this chapter shall be construed to impair or diminish the authority of the Director of the Department of Managed Health Care under the Knox-Keene Health Care Service Plan Act of 1975, nor shall anything in this chapter be construed to reduce or otherwise limit the obligation of a mental health plan contractor licensed as a health care service plan to comply with the requirements of the Knox-Keene Health Care Service Plan Act of 1975, and the rules of the Director of the Department of Managed Health Care promulgated under the Knox-Keene Health Care Service Plan Act of 1975. The director, in consultation with the Director of the Department of Managed Health Care, shall analyze the appropriateness of licensure or application of applicable standards of the Knox-Keene Health Care Service Plan Act of 1975. -(g) The department shall provide oversight to the mental health plans to ensure quality, access, cost efficiency, and compliance with data and reporting requirements. At a minimum, the department shall, through a method independent of any agency of the mental health plan contractor, monitor the level and quality of services provided, expenditures pursuant to the contract, and conformity with federal and state law. -(h) County employees implementing or administering a mental health plan act in a discretionary capacity when they determine whether or not to admit a person for care or to provide any level of care pursuant to this chapter. -(i) If a county discontinues operations as the mental health plan, the department shall approve any new mental health plan. The new mental health plan shall give reasonable consideration to affiliation with nonprofit community mental health agencies that were under contract with the county and that meet the mental health plan’s quality and cost efficiency standards. -(j) Nothing in this chapter shall be construed to modify, alter, or increase the obligations of counties as otherwise limited and defined in Chapter 3 (commencing with Section 5700) of Part 2 of Division 5. The county’s maximum obligation for services to persons not eligible for Medi-Cal shall be no more than the amount of funds remaining in the mental health subaccount pursuant to Sections 17600, 17601, 17604, 17605, and 17609 after fulfilling the Medi-Cal contract obligations. -SEC. 2. -Section 14717.1 is added to the Welfare and Institutions Code, to read: -14717.1. -(a) (1) It is the intent of the Legislature to ensure that foster children who are placed outside of their county of original jurisdiction are able to access specialty mental health services in a timely manner, consistent with their individual strengths and needs and the requirements of federal Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services. -(2) It is the further intent of the Legislature to overcome any barriers to care that may result when responsibility for providing or arranging for specialty mental health services to foster children who are placed outside of their county of original jurisdiction is retained by the county of original jurisdiction. -(b) In order to facilitate the receipt of medically necessary specialty mental health services by a foster child who is placed outside of his or her county of original jurisdiction, the California Health and Human Services Agency shall coordinate with the department and the State Department of Social Services to take all of the following actions on or before July 1, 2017: -(1) The department shall issue policy guidance concerning the conditions for and exceptions to presumptive transfer, as described in subdivisions (c) and (d), in consultation with the State Department of Social Services and with the input of stakeholders that include the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, provider representatives, and family and youth advocates. -(2) Policy guidance concerning the conditions for and exceptions to presumptive transfer shall ensure that: -(A) The transfer of responsibility improves access to specialty mental health care services consistent with the mental health needs of the foster youth. -(B) Presumptive transfer does not disrupt the continuity of care. -(C) Conditions and exceptions are applied consistently statewide giving due consideration to the varying capabilities of small, medium, and large counties. -(D) Presumptive transfer can be waived only with an individualized determination that an exception applies. -(E) A party to the case who disagrees with the presumptive transfer individualized exception determination made by the county placing agency pursuant to subdivision (d) is afforded an opportunity to request judicial review prior to a transfer or exception being finalized. -(F) There is a procedure for expedited transfer within 48 hours of placement of the child outside of the county of original jurisdiction. -(c) “Presumptive transfer,” for the purposes of this section, means that absent any exceptions as established pursuant to this section, responsibility for providing or arranging for specialty mental health services shall promptly transfer from the county of original jurisdiction to the county in which the foster child resides, under either of the following conditions: -(1) A foster child is placed in a county other than the county of original jurisdiction on or after July 1, 2017. -(2) A foster youth who resides in a county other than the county of original jurisdiction after June 30, 2017, and is not receiving specialty mental health services consistent with his or her mental health needs, requests transfer of responsibility. A foster child who resided in a county other than the county of original jurisdiction after June 30, 2017, and who continues to reside outside the county of original jurisdiction after December 31, 2017, shall have jurisdiction transferred no later than the child’s first regularly scheduled status review hearing conducted pursuant to Section 366 in the 2018 calendar year unless an exception described under subdivision (d) applies. -(d) (1) On a case-by-case basis, and when consistent with the medical rights of children in foster care, presumptive transfer may be waived and the responsibility for the provision of specialty mental health services shall remain with the county of original jurisdiction if any of the exceptions described in paragraph (5) exist. -(2) A request for waiver in a manner established by the department may be made by the foster child, the person or agency that is responsible for making mental health care decisions on behalf of the foster child, the county probation agency or the child welfare services agency with responsibility for the care and placement of the child, or any other interested party who owes a legal duty to the child involving the child’s health or welfare, as defined by the department. -(3) The county probation agency or the child welfare services agency with responsibility for the care and placement of the child, in consultation with the child and his or her parent, the child and family team if one exists, and other professionals who serve the child as appropriate, is responsible for determining whether waiver of the presumptive transfer is appropriate pursuant to the conditions and exceptions established under this section. The person who requested the exception, along with any other parties to the case, shall receive notice of the county agency’s determination. -(4) The individual who requested the exception or any other party to the case who disagrees with the determination made by the county agency pursuant to paragraph (3) may request judicial review prior to the county’s determination becoming final. The court may set the matter for hearing and may confirm or deny the transfer of jurisdiction or application of an exception based on the best interest of the child. -(5) Presumptive transfer may be waived under any of the following exceptions: -(A) It is determined that the transfer would disrupt continuity of care or delay access to services provided to the foster child. -(B) It is determined that the transfer would interfere with family reunification efforts documented in the individual case plan. -(C) The foster child’s placement in a county other than the county of original jurisdiction is expected to last less than six months. -(D) The foster child’s residence is within 30 minutes of travel time to his or her established specialty mental health care provider in the county of original jurisdiction. -(6) A waiver processed based on an exception to presumptive transfer shall be contingent upon the mental health plan in the county of original jurisdiction demonstrating an existing contract with a specialty mental health care provider, or the ability to enter into a contract within 30 days of the waiver decision, and the ability to deliver timely specialty mental health services directly to the foster child. That information shall be documented in the child’s case plan. -(7) A request for waiver, the exceptions claimed as the basis for the request, a determination whether a waiver is determined to be appropriate under this section, and any objections to the determination shall be documented in the foster child’s case plan pursuant to Section 16501.1. -(e) If the mental health plan in the county of original jurisdiction has completed an assessment of needed services for the foster child, the mental health plan in the county in which the foster child resides shall accept that assessment. The mental health plan in the county in which the foster child resides may conduct additional assessments if the foster child’s needs change or an updated assessment is needed to determine the child’s needs and identify the needed treatment and services to address those needs. -(f) Upon presumptive transfer, the mental health plan in the county in which the foster child resides shall assume responsibility for the authorization and provision of specialty mental health services and payments for services. The foster child transferred to the mental health plan in the county in which the foster child resides shall be considered part of the county of residence caseload for claiming purposes from the Behavioral Health Subaccount and the Behavioral Health Services Growth Special Account, both created pursuant to Section 30025 of the Government Code. -(g) The State Department of Social Services and the State Department of Health Care Services shall adopt regulations by July 1, 2019, to implement this section. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services and the State Department of Health Care Services may implement and administer the changes made by this legislation through all-county letters, information notices, or similar written instructions until regulations are adopted. -(h) If the department determines it is necessary, it shall seek approval from the United States Department of Health and Human Services, federal Centers for Medicare and Medicaid Services (CMS) prior to implementing this section. -(i) If the department makes the determination that it is necessary to seek CMS approval pursuant to subdivision (h), the department shall make an official request for approval from CMS no later than January 1, 2017. -(j) This section shall be implemented only if and to the extent that federal financial participation under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396, et seq.) is available and all necessary federal approvals have been obtained. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law provides that specialty mental health services and Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) for any individual under 21 years of age are covered under Medi-Cal, consistent with the requirements of federal law. Federal law defines EPSDT to include screening services, vision services, dental services, hearing services, and other necessary services to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not the services are covered under the state plan. Existing law provides that specialty mental health services include EPSDT services provided to eligible Medi-Cal beneficiaries under 21 years of age. -Existing law requires each local mental health plan to establish a procedure to ensure access to outpatient specialty mental health services, as required by the EPSDT program standards, for children in foster care who have been placed outside their county of adjudication. Existing law includes standardized contracts, procedures, documents, and forms, to facilitate the receipt of medically necessary specialty mental health services by a foster child who is placed outside his or her county of original jurisdiction. -This bill would declare the intent of the Legislature to ensure that foster children who are placed outside of their county of original jurisdiction, are able to access mental health services in a timely manner consistent with their individualized strengths and needs and the requirements of EPSDT program standards and requirements. The bill would require the department to issue policy guidance that establishes the conditions for and exceptions to presumptive transfer of responsibility for providing or arranging for mental health services to a foster child from the county of original jurisdiction to the county in which the foster child resides, as prescribed. The bill would define presumptive transfer for these purposes. The bill would authorize any interested party who owes a legal duty to the child involving the child’s health or welfare to seek a waiver of presumptive transfer and would provide that the county probation agency or child welfare services agency with responsibility for the care and placement of the child is responsible for determining whether presumptive transfer is appropriate under specified conditions, including when a determination is made that the transfer of mental health services would disrupt continuity of care or timely access to services, as specified. The bill would require the mental health plan in the host county to assume responsibility for the authorization and provision of mental health services, and payments for services, upon the presumptive transfer. By increasing the responsibilities of county probation agencies or child welfare services agencies with respect to determining whether presumptive transfer is appropriate, the bill would impose a state-mandated local program. -This bill would require the department to seek approval from the United States Department of Health and Human Services, federal Centers for Medicare and Medicaid Services (CMS) prior to implementing these provisions if the department determines that approval is necessary. The bill would authorize the department and the State Department of Social Services to adopt regulations to implement these provisions by July 1, 2019, as specified. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 14714 of, and to add Section 14717.1 to, the Welfare and Institutions Code, relating to Medi-Cal." -782,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 5 (commencing with Section 400) is added to Division 0.5 of the Elections Code, to read: -CHAPTER 5. State Preclearance -400. -For purposes of this chapter, the following terms have the following meanings: -(a) “Citizen” means a citizen of the United States. -(b) “Citizen voting-age population” means the population of citizens who are 18 years of age or older within a political subdivision, as calculated by the United States Census Bureau in the most recent federal decennial census. -(c) “Covered political subdivision” means a political subdivision with two or more racial or ethnic groups that each represent at least 20 percent of the citizen voting-age population in the political subdivision. -(d) “Electoral jurisdiction” means a geographic area within which reside the voters who are qualified to vote for an elective office. -(e) “Multilingual voting materials” means registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, provided in the language of one or more language minority groups. -(f) “Political subdivision” means a geographic area of representation created for the provision of government services, including, but not limited to, a city, a school district, a community college district, or other district organized pursuant to state law. -(g) “Protected class” means a class of voters who are members of a race, color, or language minority group, as this class is referenced and defined in the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). -(h) “Voting locations” means places for casting a ballot. -401. -To ensure that the right of citizens who reside in California to vote is not denied or abridged on account of race, color, or language minority status through the enforcement of a voting-related law, regulation, or policy that is enacted or administered after the enactment date of this chapter, the following voting-related laws, regulations, and policies shall be subject to this chapter: -(a) A change to an at-large method of election that adds offices elected at-large or converts offices elected by single-member districts to one or more at-large or multimember districts. -(b) A change to the boundaries of an electoral jurisdiction, or a series of changes within a year to the boundaries of an electoral jurisdiction, that reduces the proportion of the citizen voting-age population that are members of a single protected class by 5 or more percent. -(c) A change through redistricting that alters the boundaries of districts within an electoral jurisdiction in which a single protected class has experienced a population increase of at least 25,000 residents or at least 20 percent of the citizen voting-age population of the protected class over the preceding decade, as determined by the five-year estimates of the United States Census American Community Survey. -(d) A change to multilingual voting materials that reduces the voting materials available in languages other than English, or that alters the manner in which the materials are provided or distributed, if no similar reduction or alteration occurred in materials provided in English. -402. -(a) If a covered political subdivision enacts or seeks to administer a voting-related law, regulation, or policy described in Section 401 that is different from that in force or effect on the date this chapter is enacted, the governing body of the covered political subdivision shall submit the law, regulation, or policy to the Secretary of State for approval. The law, regulation, or policy shall not take effect or be administered in the covered political subdivision until the law, regulation, or policy is approved by the Secretary of State. -(b) The Secretary of State shall provide a written decision to the governing body of the covered political subdivision within 60 days of a request to enact or administer a voting-related law, regulation, or policy described in Section 401. If the Secretary of State fails to provide a written decision within 60 days, the governing body of the covered political subdivision may implement the law, regulation, or policy. The governing body of the covered political subdivision may make a written request for an expedited review of a law, regulation, or policy if the covered political subdivision has a demonstrated need to implement the proposed change before the end of the 60-day review period. The written request shall describe the basis for the request in light of conditions in the covered political subdivision and shall specify the date by which a decision is needed. The Secretary of State shall attempt to accommodate a reasonable request. -(c) The governing body of the covered political subdivision shall have the burden of establishing, by objective and compelling evidence, that the law, regulation, or policy satisfies both of the following: -(1) Is not likely to result in a discriminatory effect on the participation of voters from a protected class that constitutes at least 20 percent of the covered political subdivision’s citizen voting-age population. -(2) Is not motivated in whole or substantially in part by an intent to reduce the participation of voters from a protected class. -(d) If the Secretary of State denies a request to enact or administer a law, regulation, or policy, the governing body of the covered political subdivision may seek review of the decision by means of an action filed in superior court. -(e) The Secretary of State may file suit to enjoin the governing body of a covered political subdivision from implementing a law, regulation, or policy in violation of this section. -(f) Venue for an action filed pursuant to subdivision (d) or (e) shall lie exclusively in the Superior Court for the County of Sacramento. -(g) Notwithstanding any other law, a covered political subdivision may enact or administer a voting-related law, regulation, or policy described in Section 401 that is different from that in force or effect on the date this chapter is enacted if doing so is necessary because of an unexpected circumstance that occurred during the 30 days immediately preceding an election, in which case the covered political subdivision may enact or administer the law, regulation, or policy only for purposes of that election. After the election, the covered political subdivision shall immediately submit the law, regulation, or policy to the Secretary of State for approval pursuant to this section. -403. -(a) The Attorney General, or a registered voter who resides in a covered political subdivision where the change to a voting-related law, regulation, or policy occurred, may file an action in superior court to compel the covered political subdivision to satisfy the obligations set forth in this chapter. -(b) In an action brought pursuant to this section, a court shall provide as a remedy that the voting-related law, regulation, or policy be enjoined unless the court determines that the law, regulation, or policy is not subject to this chapter or has been approved by the procedures established in Section 402. -404. -For purposes of this chapter, any data provided by the United States Census Bureau, whether based on enumeration or statistical sampling, shall not be subject to challenge or review by any court. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the federal Voting Rights Act of 1965, provides that a change in voting procedures may not take effect in a state or political subdivision that is covered by the preclearance requirements of the federal act until the change is approved by a specified federal authority. A state or political subdivision is covered by the preclearance requirements of the federal act if it maintained a specified test or device as a prerequisite to voting, and had low voter registration or turnout, in the 1960s and early 1970s. The federal act allows a state or political subdivision covered by the act to obtain an exemption from the preclearance requirements if it satisfies specified criteria. The United States Supreme Court has held that the coverage formula of the federal act is unconstitutional and may not be used as a basis for requiring a jurisdiction to subject a proposed change in voting procedures to federal preclearance. Before that holding, the Counties of Kings, Monterey, and Yuba were covered jurisdictions subject to the federal preclearance requirements. -This bill would establish a state preclearance system. Under this system, if a covered political subdivision, as defined, enacts or seeks to administer a voting-related law, regulation, or policy, as specified, that is different from that in force or effect on the date this act is enacted, the governing body of the covered political subdivision would be required to submit the law, regulation, or policy to the Secretary of State for approval. The bill would require the Secretary of State to approve the law, regulation, or policy only if specified conditions are met. The bill would provide that the law, regulation, or policy will not take effect or be administered in the covered political subdivision until the law, regulation, or policy is approved by the Secretary of State, except as specified. The bill would allow the governing body of the covered political subdivision to seek review of the Secretary of State’s decision by means of an action filed in the Superior Court of Sacramento. -By requiring local governments to seek approval of the Secretary of State for changes to voting procedures, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Chapter 5 (commencing with Section 400) to Division 0.5 of the Elections Code, relating to elections." -783,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 65961 of the Government Code is amended to read: -65961. -Notwithstanding any other provision of law, except as provided in subdivisions (e) and (f), upon approval or conditional approval of a tentative map for a subdivision of single- or multiple-family residential units, or upon recordation of a parcel map for such a subdivision for which no tentative map was required, during the five-year period following recordation of the final map or parcel map for the subdivision, a city, county, or city and county shall not require as a condition to the issuance of any building permit or equivalent permit for such single- or multiple-family residential units, conformance with or the performance of any conditions that the city or county could have lawfully imposed as a condition to the previously approved tentative or parcel map. Nor shall a city, county, or city and county withhold or refuse to issue a building permit or equivalent permit for failure to conform with or perform any conditions that the city, county, or city and county could have lawfully imposed as a condition to the previously approved tentative or parcel map. However, the provisions of this section shall not prohibit a city, county, or city and county from doing any of the following: -(a) Imposing conditions or requirements upon the issuance of a building permit or equivalent permit which could have been lawfully imposed as a condition to the approval of a tentative or parcel map if the local agency finds it necessary to impose the condition or requirement for any of the following reasons: -(1) A failure to do so would place the residents of the subdivision or of the immediate community, or both, in a condition perilous to their health or safety, or both. -(2) The condition is required in order to comply with state or federal law. -(b) Withholding or refusing to issue a building permit or equivalent permit if the local agency finds it is required to do so in order to comply with state or federal law. -(c) Assuring compliance with the applicable zoning ordinance. -(d) This section shall also apply to a city or city and county which incorporates on or after January 1, 1985, and which includes within its boundaries any areas included in the tentative or parcel map described in this section. -When the incorporation includes areas included in the tentative or parcel map described in this section, “a condition that the city could have lawfully imposed as a condition to the previously approved tentative or parcel map,” as used in this section, refers to conditions the county could have imposed had there been no incorporation. -(e) For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, or 66452.25, the five-year period described in this section shall be three years. -(f) For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, or 66452.25, this section does not prohibit a city, county, or city and county from levying a fee or imposing a condition that requires the payment of a fee in the amount in effect upon the issuance of a building permit, including an adopted fee that is not included within an applicable zoning ordinance, upon the issuance of a building permit, including, but not limited to, a fee defined in Section 66000. -SEC. 2. -Section 66452.25 is added to the Government Code, to read: -66452.25. -(a) If the map was approved within a county described in subdivision (c), the expiration date of a tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map, as the case may be, that was approved on or after January 1, 2002, and not later than July 11, 2013, and that has not expired on or before the effective date of the act that added this section, shall be extended by 24 months. -(b) If the map was approved or conditionally approved within a county described in subdivision (c), upon application of the subdivider filed at least 90 days prior to the expiration of the approved or conditionally approved tentative map or vesting tentative map, or parcel map for which the tentative map or vesting tentative map, as the case may be, that was approved on or before December 31, 2001, the time at which the map expires shall be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps, for a period of 24 months upon a determination that the map is consistent with the applicable zoning and general plan requirements in effect when the application is filed. If the map is determined not to be consistent with applicable zoning and general plan requirements in effect when the application is filed, the legislative body or advisory agency may deny or conditionally approve an extension for a period of 24 months. Prior to the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs last. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. -(c) This section shall apply within a county when the following conditions within the county are met: -(1) The annual mean household income within the county is less than 80 percent of the statewide annual mean income, as determined by the most recent annual report of the federal American Community Survey 5-year Estimates, based upon the American Community Survey Design and Methodology publication (Version 2.0, January 2014) published by the United States Census Bureau. -(2) The annual nonseasonal unemployment rate is at least 2.75 percent higher than the statewide annual nonseasonal unemployment rate, as defined by the report on Labor Market Review published by the Employment Development Department in January of the year in which the community revitalization plan is prepared. -(3) The population for whom poverty status is determined is at least 4 percent higher than the statewide median poverty rate, as determined by the most recent annual report of the American Community Survey 5-year Estimates, based upon the American Community Survey Design and Methodology publication (Version 2.0, January 2014). -(d) The extension provided by subdivisions (a) and (b) shall be in addition to any extension of the expiration date provided for in Section 66452.6, 66452.11, 66452.13, 66452.21, 66452.22, 66452.23, 66452.24, or 66463.5. -(e) Any legislative, administrative, or other approval by any state agency that pertains to a development project included in a map that is extended pursuant to subdivisions (a) and (b) shall be extended by 24 months if this approval has not expired on or before the effective date of the act that added this section. This extension shall be in addition to any extension provided for in Sections 66452.13, 66452.21, 66452.22, 66452.23, and 66452.24. -(f) The provisions of Section 65961 relating to conditions that may be imposed upon or after a building permit for a subdivision of single- or multiple-family residential units or a parcel map for a subdivision for which no tentative map was required, are modified as set forth in subdivisions (e) and (f) of Section 65961 for tentative maps extended pursuant to this section. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to permit cities, counties, and cities and counties to preserve development applications that are set to expire and that cannot be processed presently due to prevailing adverse economic conditions in the construction industry, it is necessary that this act take effect immediately.","(1) The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency, and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period. The act requires an approved tentative map or vesting tentative map to expire 24 months after its approval, or after an additional period of time prescribed by local ordinance, not to exceed 12 months. However, the act extends the expiration date of certain approved tentative maps and vesting tentative maps, as specified. -This bill would extend by 24 months the expiration date of any approved tentative map or vesting tentative map that was approved on or after January 1, 2002, and not later than July 11, 2013, within a county that meets certain criteria, except as specified. The bill would additionally require the extension of an approved or conditionally approved tentative map or vesting tentative map, or parcel map for which a tentative map or vesting tentative map was approved on or before December 31, 2001, upon application by the subdivider at least 90 days prior to the expiration of the map, as specified. By adding to the procedures that local agency officials must follow, this bill would impose a state-mandated local program. -(2) The Permit Streamlining Act prohibits a local agency, after its approval of a tentative map for a subdivision of single- or multiple-family residential units, from requiring conformance with, or the performance of, any conditions that the local agency could have lawfully imposed as a condition to the previously approved tentative or parcel map, as a condition to the issuance of any building permit or equivalent permit upon approval of that subdivision, during a 5-year period following the recordation of the final map or parcel map for that subdivision. The act also prohibits a local agency from refusing to issue a building permit or equivalent permit for a subdivider’s failure to conform with or perform those conditions. However, the act also provides that this 5-year period is a 3-year period for a tentative map extended pursuant to a specified provision of law, and the local agency is not prohibited from levying a fee, or imposing a condition that requires the payment of a fee upon the issuance of a building permit, with respect to the underlying units. -This bill would provide that a tentative map extended pursuant to its provisions is also subject to the truncated 3-year period described above, and that the local agency is not prohibited from levying a fee, as specified, or imposing a condition that requires the payment of a fee upon the issuance of a building permit, with respect to the underlying units. By adding to the procedures that local agency officials must follow, this bill would impose a state-mandated local program. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -(4) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 65961 of, and to add Section 66452.25 to, the Government Code, relating to land use, and declaring the urgency thereof, to take effect immediately." -784,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 786 of the Penal Code is amended to read: -786. -(a) If property taken in one jurisdictional territory by burglary, carjacking, robbery, theft, or embezzlement has been brought into another, or when property is received in one jurisdictional territory with the knowledge that it has been stolen or embezzled and the property was stolen or embezzled in another jurisdictional territory, the jurisdiction of the offense is in any competent court within either jurisdictional territory, or any contiguous jurisdictional territory if the arrest is made within the contiguous territory, the prosecution secures on the record the defendant’s knowing, voluntary, and intelligent waiver of the right of vicinage, and the defendant is charged with one or more property crimes in the arresting territory. -(b) (1) The jurisdiction of a criminal action for unauthorized use, retention, or transfer of personal identifying information, as defined in subdivision (b) of Section 530.55, shall also include the county where the theft of the personal identifying information occurred, the county in which the victim resided at the time the offense was committed, or the county where the information was used for an illegal purpose. If multiple offenses of unauthorized use of personal identifying information, either all involving the same defendant or defendants and the same personal identifying information belonging to the one person, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions is a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying identity theft offense or identity theft offenses. -(2) When charges alleging multiple offenses of unauthorized use of personal identifying information occurring in multiple territorial jurisdictions are filed in one county pursuant to this section, the court shall hold a hearing to consider whether the matter should proceed in the county of filing, or whether one or more counts should be severed. The district attorney filing the complaint shall present evidence to the court that the district attorney in each county where any of the charges could have been filed has agreed that the matter should proceed in the county of filing. In determining whether all counts in the complaint should be joined in one county for prosecution, the court shall consider the location and complexity of the likely evidence, where the majority of the offenses occurred, whether or not the offenses involved substantially similar activity or the same scheme, the rights of the defendant and the people, and the convenience of, or hardship to, the victim and witnesses. -(3) When an action for unauthorized use, retention, or transfer of personal identifying information is filed in the county in which the victim resided at the time the offense was committed, and no other basis for the jurisdiction applies, the court, upon its own motion or the motion of the defendant, shall hold a hearing to determine whether the county of the victim’s residence is the proper venue for trial of the case. In ruling on the matter, the court shall consider the rights of the parties, the access of the parties to evidence, the convenience to witnesses, and the interests of justice. -(c) (1) The jurisdiction of a criminal action for conduct specified in paragraph (4) of subdivision (j) of Section 647 shall also include the county in which the offense occurred, the county in which the victim resided at the time the offense was committed, or the county in which the intimate image was used for an illegal purpose. If multiple offenses of unauthorized distribution of an intimate image, either all involving the same defendant or defendants and the same intimate image belonging to the one person, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions is a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying unauthorized distribution of an intimate image. -(2) When charges alleging multiple offenses of unauthorized distribution of an intimate image occurring in multiple territorial jurisdictions are filed in one county pursuant to this section, the court shall hold a hearing to consider whether the matter should proceed in the county of filing, or whether one or more counts should be severed. The district attorney filing the complaint shall present evidence to the court that the district attorney in each county where any of the charges could have been filed has agreed that the matter should proceed in the county of filing. In determining whether all counts in the complaint should be joined in one county for prosecution, the court shall consider the location and complexity of the likely evidence, where the majority of the offenses occurred, whether the offenses involved substantially similar activity or the same scheme, the rights of the defendant and the people, and the convenience of, or hardship to, the victim and witnesses. -(3) When an action for unauthorized distribution of an intimate image is filed in the county in which the victim resided at the time the offense was committed, and no other basis for the jurisdiction applies, the court, upon its own motion or the motion of the defendant, shall hold a hearing to determine whether the county of the victim's residence is the proper venue for trial of the case. In ruling on the matter, the court shall consider the rights of the parties, the access of the parties to evidence, the convenience to witnesses, and the interests of justice. -(d) This section does not alter victims’ rights under Section 530.6. -SEC. 2. -Section 1524.3 of the Penal Code is amended to read: -1524.3. -(a) A provider of electronic communication service or remote computing service, as used in Chapter 121 (commencing with Section 2701) of Title 18 of the United States Code, shall disclose to a governmental prosecuting or investigating agency the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of that service, the types of services the subscriber or customer utilized, and the contents of communication originated by or addressed to the service provider when the governmental entity is granted a search warrant pursuant to paragraph (7) of subdivision (a) of Section 1524. -(b) The search warrant shall be limited to only that information necessary to achieve the objective of the warrant, including by specifying the target individuals or accounts, the applications or services, the types of information, and the time periods covered, as appropriate. -(c) Information obtained through the execution of a search warrant pursuant to this section that is unrelated to the objective of the warrant shall be sealed and not be subject to further review without an order from the court. -(d) (1) A governmental entity receiving subscriber records or information under this section shall provide notice to a subscriber or customer upon receipt of the requested records. The notification may be delayed by the court, in increments of 90 days, upon a showing that there is reason to believe that notification of the existence of the search warrant may have an adverse result. -(2) An “adverse result” for purposes of paragraph (1) means any of the following: -(A) Endangering the life or physical safety of an individual. -(B) Flight from prosecution. -(C) Tampering or destruction of evidence. -(D) Intimidation of a potential witness. -(E) Otherwise seriously jeopardizing an investigation or unduly delaying a trial. -(e) Upon the expiration of the period of delay for the notification, the governmental entity shall, by regular mail or email, provide a copy of the process or request and a notice, to the subscriber or customer. The notice shall accomplish all of the following: -(1) State the nature of the law enforcement inquiry with reasonable specificity. -(2) Inform the subscriber or customer that information maintained for the subscriber or customer by the service provider named in the process or request was supplied to or requested by the governmental entity, and the date upon which the information was supplied, and the request was made. -(3) Inform the subscriber or customer that notification to the subscriber or customer was delayed, and which court issued the order pursuant to which the notification was delayed. -(4) Provide a copy of the written inventory of the property that was taken that was provided to the court pursuant to Section 1537. -(f) A court issuing a search warrant pursuant to paragraph (7) of subdivision (a) of Section 1524, on a motion made promptly by the service provider, may quash or modify the warrant if the information or records requested are unusually voluminous in nature or compliance with the warrant otherwise would cause an undue burden on the provider. -(g) A provider of wire or electronic communication services or a remote computing service, upon the request of a peace officer, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a search warrant or a request in writing and an affidavit declaring an intent to file a warrant to the provider. Records shall be retained for a period of 90 days, which shall be extended for an additional 90-day period upon a renewed request by the peace officer. -(h) No cause of action shall be brought against any provider, its officers, employees, or agents for providing information, facilities, or assistance in good faith compliance with a search warrant.","Existing law makes it a misdemeanor to look through a hole or opening, into, or to view, by means of any instrumentality, the interior of an area in which an occupant has a reasonable expectation of privacy with the intent to invade the privacy of that person. Existing law makes it a misdemeanor to record another person under or through the clothing worn by that person, without the consent or knowledge of the person, under circumstances in which the person has a reasonable expectation of privacy. Existing law makes it a misdemeanor to secretly record another person in a state of full or partial undress without the consent or knowledge of that person, in an area in which that person has a reasonable expectation of privacy. Existing law makes it a misdemeanor to intentionally distribute an image of the intimate body part or parts of another person, or an image of the person depicted engaging in specified sexual acts, under circumstances in which the persons agree or understand that the image remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. -Existing law establishes the proper jurisdictions of a criminal action for unauthorized use, retention, or transfer of personal identifying information to include the county where the theft occurred, the county in which the victim resided at the time of the offense, or the county where the information was used for an illegal purpose. -This bill would apply those jurisdictional provisions to the misdemeanors described above. -Existing law details procedures for a governmental entity to gather specified records from a provider of electronic communication service or a remote computing service by search warrant. Existing law specifies that no notice is required to be given to a subscriber or customer by a governmental entity receiving records pursuant to these procedures. -This bill would additionally authorize a governmental entity to use those procedures to gather the contents of communications between the subscriber and the service provider. The bill would require a search warrant used under those procedures to be limited to only that information necessary to achieve the objective of the warrant, as specified. The bill would require information obtained through the execution of a search warrant pursuant that is unrelated to the objective of the warrant to be sealed and not be subject to further review without an order from the court. The bill would require the governmental entity to provide a specified notice to the customer or subscriber upon receipt of the requested records. The bill would authorize a delay of that notice in 90-day increments if there is reason to believe notification would may have an adverse effect, as defined.","An act to amend Sections 786 and 1524.3 of the Penal Code, relating to disorderly conduct." -785,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 201.3 of the Labor Code is amended to read: -201.3. -(a) For purposes of this section, the following definitions apply: -(1) “Temporary services employer” means an employing unit that contracts with clients or customers to supply workers to perform services for the clients or customers and that performs all of the following functions: -(A) Negotiates with clients and customers for matters such as the time and place where the services are to be provided, the type of work, the working conditions, and the quality and price of the services. -(B) Determines assignments or reassignments of workers, even if workers retain the right to refuse specific assignments. -(C) Retains the authority to assign or reassign a worker to another client or customer when the worker is determined unacceptable by a specific client or customer. -(D) Assigns or reassigns workers to perform services for clients or customers. -(E) Sets the rate of pay of workers, whether or not through negotiation. -(F) Pays workers from its own account or accounts. -(G) Retains the right to hire and terminate workers. -(2) “Temporary services employer” does not include any of the following: -(A) A bona fide nonprofit organization that provides temporary service employees to clients. -(B) A farm labor contractor, as defined in subdivision (b) of Section 1682. -(C) A garment manufacturing employer, which, for purposes of this section, has the same meaning as “contractor,” as defined in subdivision (d) of Section 2671. -(3) “Employing unit” has the same meaning as defined in Section 135 of the Unemployment Insurance Code. -(4) “Client” and “customer” means the person with whom a temporary services employer has a contractual relationship to provide the services of one or more individuals employed by the temporary services employer. -(b) (1) (A) Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer is assigned to work for a client, that employee’s wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any calendar week shall be due and payable not later than the regular payday of the following calendar week. A temporary services employer shall be deemed to have timely paid wages upon completion of an assignment if wages are paid in compliance with this subdivision. -(B) Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer in the security services industry is a security guard who is registered pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, is employed by a private patrol operator licensed pursuant to that chapter, and is assigned to work for a client, that employee’s wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any workweek, as defined under Section 500, shall be due and payable not later than the regular payday of the following workweek. -(2) If an employee of a temporary services employer is assigned to work for a client on a day-to-day basis, that employee’s wages are due and payable at the end of each day, regardless of when the assignment ends, if each of the following occurs: -(A) The employee reports to or assembles at the office of the temporary services employer or other location. -(B) The employee is dispatched to a client’s worksite each day and returns to or reports to the office of the temporary services employer or other location upon completion of the assignment. -(C) The employee’s work is not executive, administrative, or professional, as defined in the wage orders of the Industrial Welfare Commission, and is not clerical. -(3) If an employee of a temporary services employer is assigned to work for a client engaged in a trade dispute, that employee’s wages are due and payable at the end of each day, regardless of when the assignment ends. -(4) If an employee of a temporary services employer is assigned to work for a client and is discharged by the temporary services employer or leasing employer, wages are due and payable as provided in Section 201. -(5) If an employee of a temporary services employer is assigned to work for a client and quits his or her employment with the temporary services employer, wages are due and payable as provided in Section 202. -(6) If an employee of a temporary services employer is assigned to work for a client for over 90 consecutive calendar days, this section shall not apply unless the temporary services employer pays the employee weekly in compliance with paragraph (1) of subdivision (b). -(c) A temporary services employer who violates this section shall be subject to the civil penalties provided for in Section 203, and to any other penalties available at law. -(d) Nothing in this section shall be interpreted to limit any rights or remedies otherwise available under state or federal law. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to prevent confusion over pay periods for temporary employees who provide important security services that protect persons and property in this state at the earliest possible time, it is necessary that this act take effect immediately.","Existing law generally requires that an employee of a temporary services employer, as defined, be paid weekly. Existing law provides that a violation of these provisions is punishable as a misdemeanor. -This bill would, with certain exceptions, make the weekly pay requirement applicable to a security guard employed by a private patrol operator who is a temporary services employer, as provided. -By expanding the scope of a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 201.3 of the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately." -786,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2699.3 of the Labor Code is amended to read: -2699.3. -(a) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision listed in Section 2699.5 shall commence only after the following requirements have been met: -(1) (A) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. -(B) The employer may cure the alleged violation according to the procedures described in paragraph (2) of subdivision (c). If the alleged violation is not cured within the 33-day period prescribed in paragraph (2) of subdivision (c), in lieu of commencing a civil action, the employee or representative shall notify by certified mail the Labor and Workforce Development Agency and the employer of the failure to cure or, if the employee disputes that the alleged violation has been cured, the employee or representative shall provide notice pursuant to the procedures of subparagraph (A) of paragraph (3) of subdivision (c). -(2) (A) The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 30 calendar days of the postmark date of the notice received pursuant to subparagraph (B) of paragraph (1). Upon receipt of that notice or if no notice is provided within 33 calendar days of the postmark date of the notice given pursuant to subparagraph (B) of paragraph (1), the aggrieved employee may commence a civil action pursuant to Section 2699. -(B) If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 33 calendar days of the postmark date of the notice received pursuant to subparagraph (B) of paragraph (1). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee or representative of that decision within five business days thereof by certified mail. Upon receipt of that notice or if no citation is issued by the agency within -that -the -158-day period prescribed by this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699. -(C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part. -(b) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall commence only after the following requirements have been met: -(1) (A) The aggrieved employee or representative shall give notice by certified mail to the Division of Occupational Safety and Health and the employer, with a copy to the Labor and Workforce Development Agency, of the specific provisions of Division 5 (commencing with Section 6300) alleged to have been violated, including the facts and theories to support the alleged violation. -(B) The employer may cure the alleged violation according to the procedures described in paragraph (2) of subdivision (c). If the alleged violation is not cured within the 33-day period prescribed in paragraph (2) of subdivision (c), in lieu of commencing a civil action, the employee or representative shall notify by certified mail the Division of Occupational Safety and Health and the employer, with a copy to the Labor and Workforce Development Agency, of the failure to cure or, if the employee disputes that the alleged violation has been cured, the employee or representative shall provide notice pursuant to the procedures of subparagraph (A) of paragraph (3) of subdivision (c). -(2) (A) The division shall inspect or investigate the alleged violation pursuant to the procedures specified in Division 5 (commencing with Section 6300). -(i) If the division issues a citation, the employee may not commence an action pursuant to Section 2699. The division shall notify the aggrieved employee or representative and employer in writing within 14 calendar days of certifying that the employer has corrected the violation. -(ii) If by the end of the period for inspection or investigation provided for in Section 6317, the division fails to issue a citation and the aggrieved employee disputes that decision, the employee may challenge that decision in the superior court. In such an action, the superior court shall follow precedents of the Occupational Safety and Health Appeals Board. If the court finds that the division should have issued a citation and orders the division to issue a citation, then the aggrieved employee may not commence a civil action pursuant to Section 2699. -(iii) A complaint in superior court alleging a violation of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall include therewith a copy of the notices provided to the division and employer pursuant to subparagraphs (A) and (B) of paragraph (1). -(iv) The superior court shall not dismiss the action for nonmaterial differences in facts or theories between those contained in the notices provided to the division and employer pursuant to subparagraphs (A) and (B) of paragraph (1) and the complaint filed with the court. -(B) If the division fails to inspect or investigate the alleged violation as provided by Section 6309, the aggrieved employee may commence a civil action pursuant to Section 2699. -(3) (A) Nothing in this subdivision shall be construed to alter the authority of the division to permit long-term abatement periods or to enter into memoranda of understanding or joint agreements with employers in the case of long-term abatement issues. -(B) Nothing in this subdivision shall be construed to authorize an employee to file a notice or to commence a civil action pursuant to Section 2699 during the period that an employer has voluntarily entered into consultation with the division to ameliorate a condition in that particular worksite. -(C) An employer who has been provided notice pursuant to this section may not then enter into consultation with the division in order to avoid an action under this section. -(4) The superior court shall review and approve any proposed settlement of alleged violations of the provisions of Division 5 (commencing with Section 6300) to ensure that the settlement provisions are at least as effective as the protections or remedies provided by state and federal law or regulation for the alleged violation. The provisions of the settlement relating to health and safety laws shall be submitted to the division at the same time that they are submitted to the court. This requirement shall be construed to authorize and permit the division to comment on those settlement provisions, and the court shall grant the division’s commentary the appropriate weight. -(c) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision other than those listed in Section 2699.5 or Division 5 (commencing with Section 6300) shall commence only after the following requirements have been met: -(1) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. -(2) (A) The employer may cure the alleged violation within 33 calendar days of the postmark date of the notice. The employer shall give written notice by certified mail within that period of time to the aggrieved employee or representative and the agency if the alleged violation is cured, including a description of actions taken, and no civil action pursuant to Section 2699 may commence. If the alleged violation is not cured within the 33-day period, the employee may commence a civil action pursuant to Section 2699. -(B) (i) Subject to the limitation in clause (ii), no employer may avail himself or herself of the notice and cure provisions of this subdivision more than three times in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite. -(ii) No employer may avail himself or herself of the notice and cure provisions of this subdivision with respect to alleged violations of paragraph (6) or (8) of subdivision (a) of Section 226 more than once in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite. -(3) (A) If the aggrieved employee disputes that the alleged violation has been cured, the aggrieved employee or representative shall provide written notice by certified mail, including specified grounds to support that dispute, to the employer and the agency. -(B) Within 17 calendar days of the postmark date of that notice, the agency shall review the actions taken by the employer to cure the alleged violation, and provide written notice of its decision by certified mail to the aggrieved employee or representative and the employer. The agency may grant the employer three additional business days to cure the alleged violation. If the agency determines that the alleged violation has not been cured or if the agency fails to provide timely or any notification, the employee may proceed with the civil action pursuant to Section 2699. If the agency determines that the alleged violation has been cured, but the employee still disagrees, the employee may appeal that determination to the superior court. -(d) The periods specified in this section are not counted as part of the time limited for the commencement of the civil action to recover penalties under this part. -SEC. 2. -The sum of one million four hundred thousand dollars ($1,400,000) is hereby appropriated from the General Fund to the Department of Industrial Relations for deposit into the Labor and Workforce Development Fund for the purpose of establishing nine new positions at the Department of Industrial Relations to review and investigate cases under the Labor Code Private Attorneys General Act of 2004.","Existing law, the Labor Code Private Attorneys General Act of 2004, authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act provides the employer with the right to cure certain violations before the employee may bring a civil action, as specified. For other violations, the act requires the employee to follow specified procedures before bringing an action. -This bill would provide the employer with the right to cure any violation of the Labor Code covered by the act before the employee may bring a civil action. That right to cure would be provided before, and in addition to, any other specified procedures the employee is required to follow prior to bringing an action. -Existing law establishes the Department of Industrial Relations within the agency and sets forth its powers and duties, including, but not limited to, fostering, promoting, and developing the welfare of wage earnings. -This bill would appropriate $1,400,000 to the department for deposit into the Labor and Workforce Development Fund for the purpose of establishing 9 new positions to review and investigate private attorneys general cases under the act.","An act to amend Section 2699.3 of the Labor Code, relating to employment, and making an appropriation therefor." -787,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14005.7 of the Welfare and Institutions Code is amended to read: -14005.7. -(a) Medically needy persons and medically needy family persons are entitled to health care services under Section 14005 providing all eligibility criteria established pursuant to this chapter are met. -(b) Except as otherwise provided in this chapter or in Title XIX of the federal Social Security Act, no medically needy family person, medically needy person or state-only Medi-Cal persons shall be entitled to receive health care services pursuant to Section 14005 during any month in which his or her share of cost has not been met. -(c) In the case of a medically needy person, monthly income, as determined, defined, counted, and valued, in accordance with Title XIX of the federal Social Security Act, in excess of the amount required for maintenance established pursuant to Section 14005.12, exclusive of any amounts considered exempt as income under Chapter 3 (commencing with Section 12000), less amounts paid for Medicare and other health insurance premiums shall be the share of cost to be met under Section 14005.9. -(d) In the case of a medically needy family person or state-only Medi-Cal person, monthly income, as determined, defined, counted, and valued, in accordance with Title XIX of the federal Social Security Act, in excess of the amount required for maintenance established pursuant to Section 14005.12, exclusive of any amounts considered exempt as income under Chapter 2 (commencing with Section 11200), less amounts paid for Medicare and other health insurance premiums shall be the share of cost to be met under Section 14005.9. -(e) In determining the income of a medically needy person residing in a licensed community care facility, income shall be determined, defined, counted, and valued, in accordance with Title XIX of the federal Social Security Act, any amount paid to the facility for residential care and support that exceeds the amount needed for maintenance shall be deemed unavailable for the purposes of this chapter. -(f) (1) For purposes of this section the following definitions apply: -(A) “SSI” means the federal Supplemental Security Income program established under Title XVI of the federal Social Security Act. -(B) “MNL” means the income standard of the Medi-Cal medically needy program defined in Section 14005.12. -(C) Board and care “personal care services” or “PCS” deduction means the income disregard that is applied to a resident in a licensed community care facility, in lieu of the board and care deduction specified in subdivision -(e) of Section 14005.7, -(e), -when the PCS deduction is greater than the board and care deduction. -(2) (A) For purposes of this section, the SSI recipient retention amount is the amount by which the SSI maximum payment amount to an individual residing in a licensed community care facility exceeds the maximum amount that the state allows community care facilities to charge a resident who is an SSI recipient. -(B) For purposes of this section, the personal and incidental needs deduction for an individual residing in a licensed community care facility is either of the following: -(i) If the deduction specified in subdivision (e) is applicable to the individual, the amount, not to exceed the amount by which the SSI recipient retention amount exceeds -twenty dollars ($20), -fifty dollars ($50), -nor to be less than zero, by which the sum of the amount that the individual pays to his or her licensed community care facility and the SSI recipient retention amount exceed the sum of the individual’s MNL, the individual’s board and care deduction, and -twenty dollars ($20). -fifty dollars ($50). -(ii) If the deduction specified in paragraph (1) is applicable to the individual, -an -the -amount, not to exceed the amount by which the SSI recipient retention amount exceeds -twenty dollars ($20), -fifty dollars ($50), -nor to be less than zero, by which the sum of the amount which the individual pays to his or her -licensed -community care facility and the SSI recipient retention amount exceed the sum of the individual’s MNL, the individual’s PCS deduction and -twenty dollars ($20). -fifty dollars ($50). -(3) In determining the countable income of a medically needy individual residing in a licensed community care facility, the individual shall have deducted from his or her income the amount specified in subparagraph (B) of paragraph (2). -(g) No later than one month after the effective date of subparagraph (B) of paragraph (2) of subdivision (f), the department shall submit to the federal medicaid administrator a state plan amendment seeking approval of the income deduction specified in subdivision (f), and of federal financial participation for the costs resulting from that income deduction. -(h) The deduction prescribed by paragraph (3) of subdivision (f) shall be applied no later than the first day of the fourth month after the month in which the department receives approval for the federal financial participation specified in subdivision (g). Until approval for federal financial participation is received by the department, there shall be no deduction under paragraph (3) of subdivision (f). -(i) The amendments to clauses (i) and (ii) of subparagraph (B) of paragraph (2) of subdivision (f) made by the act that added this subdivision during the 2015–16 Regular Session of the Legislature shall be implemented only to the extent that federal financial participation is available and that the department receives any necessary federal approvals. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Under existing law, certain aged, blind, and disabled Medi-Cal recipients are required to pay a share of cost as a condition of eligibility, with the share of cost determined in accordance with specified requirements. For purposes of determining the share of cost, existing law establishes a formula to calculate the personal and incidental needs deduction for an individual residing in a licensed community care facility. Existing law prohibits that deduction from exceeding the amount by which the Supplemental Security Income recipient retention amount, as defined, exceeds $20. -This bill would revise the formula to determine the personal and incidental needs deduction. By increasing the responsibility of the counties in determining Medi-Cal eligibility, this bill would impose a state-mandated local program. The bill would also require that its provisions be implemented only to the extent that federal financial participation is available and that the department receives any necessary federal approvals. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 14005.7 of the Welfare and Institutions Code, relating to Medi-Cal." -788,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25503.36 is added to the Business and Professions Code, to read: -25503.36. -(a) Notwithstanding any other provision of this division, an authorized licensee may sponsor events promoted by, and may purchase advertising space and time from, or on behalf of, a live entertainment marketing company in connection with events organized and conducted by the live entertainment marketing company on the premises of a permanent retail licensee located at the San Diego County Fairgrounds, located in the City of Del Mar in the County of San Diego, subject to all of the following conditions: -(1) The live entertainment marketing company operates and promotes live artistic, musical, sports, or cultural entertainment events only. -(2) The events will take place over a period of no more than four consecutive days during which approximately 100 acts will perform before approximately 20,000 or more patrons. -(3) The live entertainment marketing company is a Delaware limited liability company that is under common ownership, management, or control by a private equity firm that may also have common ownership, management, or control of a licensed California winery, provided the winery represents not more than 25 percent of the assets under common ownership, management, or control by the private equity firm or its subsidiaries, and the live entertainment marketing company exercises no control over the operations of the winery. Any authorized licensee sponsoring an event or purchasing advertising space or time, pursuant to this section, shall obtain written verification of compliance with this subdivision prior to such sponsorship or the purchase of advertising space or time. -(4) Any on-sale licensee operating at the San Diego County Fairgrounds shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler or manufacturer in addition to any brand manufactured, distributed, or owned by the authorized licensee sponsoring an event or purchasing advertising space or time pursuant to this section. -(5) An agreement pursuant to this section shall not be conditioned directly or indirectly on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by any authorized licensee sponsoring or purchasing advertising space or time pursuant to this section. -(b) Any sponsorship of events or purchase of advertising space or time conducted pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the authorized licensee and the live entertainment marketing company. -(c) Any authorized licensee who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. -(d) Any on-sale retail licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit an authorized licensee to purchase advertising time or space pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. -(e) Nothing in this section shall authorize the purchasing of advertising space or time directly from, or on behalf of, any on-sale licensee except as expressly authorized by this section or any other provision of this division. -(f) Nothing in this section shall authorize an authorized licensee to furnish, give, or lend anything of value to an on-sale retail licensee described in subdivision (a) except as expressly authorized by this section or any other provision of this division. -(g) For purposes of this section, the following definitions shall apply: -(1) “Authorized licensee” means the following licensees: beer manufacturer, out-of-state beer manufacturer’s certificate, winegrower, winegrower’s agent, importer, rectifier, distilled spirits manufacturer, distilled spirits rectifier general, distilled spirits manufacturer’s agent. -(2) Except for a licensee that holds only a beer and wine importer general license or a distilled spirits importer general license, “importer” does not include the holder of any importer license that does not also hold at least one other license specified as an authorized licensee. -(h) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied interests must be limited to its expressed terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique conditions located in the County of San Diego. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to allow for the sponsoring of events within the County of San Diego as soon as possible, it is necessary that this act take effect immediately.","Existing law generally restricts certain alcoholic beverage licensees, including manufacturers and winegrowers, from paying, crediting, or compensating a retailer for advertising in connection with the advertising and sale of alcoholic beverages. Existing law expressly authorizes a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, holder of a distilled spirits rectifier’s general license, or a distilled spirits manufacturer’s agent to sponsor events promoted by or purchase advertising space and time from, or on behalf of, a live entertainment marketing company that is a wholly owned subsidiary of a live entertainment company that has its principal place of business in the County of Los Angeles, as provided. -This bill would expressly authorize an authorized licensee, as defined, to sponsor events promoted by or purchase advertising space and time from, or on behalf of, a live entertainment marketing company in connection with events organized and conducted by the live entertainment marketing company at the San Diego County Fairgrounds, under specified conditions. The bill would also make an authorized licensee who, through coercion or other illegal means, induces the holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to these provisions guilty of a misdemeanor. The bill would additionally make an on-sale retail licensee, as described, who solicits or coerces a holder of a wholesaler’s license to solicit an authorized licensee to purchase advertising time or space pursuant to these provisions guilty of a misdemeanor. The bill would make a related statement of findings. -By creating new crimes, this bill would impose a state-mandated local program. -This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Section 25503.36 to the Business and Professions Code, relating to alcoholic beverages, and declaring the urgency thereof, to take effect immediately." -789,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Scaling up the Market Match program throughout the state would be beneficial to the health of local economies and the state economy while simultaneously improving the health of the most vulnerable families throughout California. -(b) Since its inception in 2009, the Market Match program has encouraged the purchase and consumption of California fresh fruits, nuts, and vegetables by directly linking California specialty crop producers with nutrition benefit clients and doubling the purchasing value of the nutrition assistance received by nutrition benefit clients when purchasing California fresh fruits, nuts, and vegetables. -(c) Market Match dollars provide incentives for new consumers to visit local farmers’ markets and purchase healthy produce, benefiting both their health and the health of local economies. -(d) The Market Match program has acted as an economic stimulus to local agricultural economies throughout the state by increasing the number of loyal customers and their purchasing power, including in food deserts where California fresh fruits, nuts, and vegetables are scarce. -(e) Data shows that between 2009 and 2012, the Market Match program increased CalFresh redemption amongst 37,000 new farmers’ market customers at 140 participating farmers’ markets in over 16 counties, from 132 percent to 700 percent. -(f) Data shows that Market Match dollars have had a six-fold return on investment in farmers’ market sales. -(g) The Pacific Coast Farmers’ Market Association’s business analysis of returns on investment (ROI) for Market Match programs in 2012 held in various areas and cities shows the following rates of ROI throughout the state: -(1) East Bay and San Francisco: 132 percent ROI. -(2) Long Beach: 257 percent ROI. -(3) Huntington Park: 403 percent ROI. -(4) Davis: 390 percent ROI. -(5) Woodland: 576 percent ROI. -(6) Monterey: 717 percent ROI. -(h) The enactment of the 2014 federal Farm Bill includes $100 million in grants to states for programs that supplement nutrition benefits if they incentivize healthier eating by beneficiaries. -(i) The first round of grants awarded in 2015 proves that a statewide framework is an effective way to draw down these federal funds. The State of Washington was the largest first-round grant recipient, awarded almost $6 million to help low-income families afford fresh produce. California must act now and tap into this federal funding before it is too late. -(j) Creation of a statewide Nutrition Incentive Matching Grant Program modeled after the successful experience of the Market Match program would help draw down federal funds to further maximize access to fresh healthy foods and stimulate local economies in a more equitable cross-section of communities. -SEC. 2. -Chapter 13 (commencing with Section 49010) is added to Division 17 of the Food and Agricultural Code, to read: -CHAPTER 13. Nutrition Incentive Matching Grant Program -49010. -This chapter shall be known, and may be cited, as the California Nutrition Incentives Act. -49011. -The Nutrition Incentive Matching Grant Program is hereby established in the Office of Farm to Fork for purposes of encouraging the purchase and consumption of California fresh fruits, nuts, and vegetables by directly linking California fresh fruit, nut, and vegetable producers with nutrition benefit clients. -49012. -For purposes of this chapter, the following definitions shall apply: -(a) “Consumer incentive program” means a program administered by a qualified entity that increases the purchasing value of a nutrition benefit client’s benefits when the benefits are used to purchase California fresh fruits, nuts, and vegetables. -(b) “Nutrition benefit client” means a person who receives services or payments through any of the following: -(1) California Special Supplemental Nutrition Program for Women, Infants, and Children, as described in Section 123280 of the Health and Safety Code. -(2) CalWORKS program, as described in Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code. -(3) CalFresh, as described in Section 18900.2 of the Welfare and Institutions Code. -(4) Implementation of the federal WIC Farmers’ Market Nutrition Act of 1992 (Public Law 102-314). -(5) The Senior Farmers’ Market Nutrition Program, as described in Section 3007 of Title 7 of the United States Code. -(6) Supplemental Security Income or State Supplementary Payment, as described in Section 1381 and following of Title 42 of the United States Code. -(c) “Qualified entity” means either of the following: -(1) A certified farmers’ market, as described in Section 47004, an association of certified producers, or a nonprofit organization representing a collective or association of certified producers that is authorized by the United States Department of Agriculture to accept federal Supplemental Nutrition Assistance Program (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code) benefits from recipient purchasers at a farmers’ market. Certified producers shall be certified by the county agricultural commissioner pursuant to Section 47020. -(2) A small business, as defined in Section 14837 of the Government Code, that sells California grown fresh fruits, nuts, and vegetables and that is authorized to accept nutrition benefits from any of the programs listed in paragraphs (1) to (6), inclusive, of subdivision (b). -49013. -The Nutrition Incentive Matching Grant Account is hereby created in the Department of Food and Agriculture Fund to collect matching funds from the federal Food Insecurity Nutrition Incentive Grant Program (7 U.S.C. Sec. 7517), and other public and private sources, to provide grants under the Nutrition Incentive Matching Grant Program. The Nutrition Incentive Matching Grant Program shall only provide grants upon the deposit of sufficient funds, as specified in its federal Food Insecurity Nutrition Incentive Grant Program application, into the Nutrition Incentive Matching Grant Account. -49014. -The Nutrition Incentive Matching Grant Program shall be administered in accordance with all of the following: -(a) Subject to the regulations adopted by the National Institute of Food and Agriculture in the United States Department of Agriculture in accordance with the federal Agricultural Act of 2014 (Public Law 113-79), or any subsequent federal agricultural act, moneys in the Nutrition Incentive Matching Grant Account shall be awarded in the form of grants to qualified entities for consumer incentive programs. -(b) (1) The Office of Farm to Fork shall establish minimum standards, funding schedules, and procedures for awarding grants in consultation with the United States Department of Agriculture and other interested stakeholders, including, but not limited to, the State Department of Public Health, State Department of Social Services, organizations with expertise in nutrition benefit programs or consumer incentive programs, small business owners that may qualify as a qualified entity, and certified farmers’ market operators. -(2) The department shall not use more than one-third of the Nutrition Incentive Matching Grant Program funds for consumer incentive programs with qualified entities described in paragraph (2) of subdivision (c) of Section 49012. -(c) The department shall give priority in awarding grants to qualified entities based on, but not limited to, the following: -(1) The service of an area of population currently not being served by a consumer incentive program. -(2) The degree of the existence of the following demographic conditions and the character of the communities in which sales of California grown fresh fruits, nuts, and vegetables are made to the public by authorized vendors operating in conjunction with a qualified entity: -(A) The number of people who are eligible for, or receiving, nutrition benefit program services. -(B) The prevalence of diabetes, obesity, and other diet-related illnesses. -(C) The availability of access to fresh fruits, nuts, and vegetables. -(3) Demonstrated efficiency in the administration of a consumer incentive program.","Existing law establishes the Office of Farm to Fork within the Department of Food and Agriculture, and requires the office, to the extent that resources are available, to work with various entities, including, among others, the agricultural industry and other organizations involved in promoting food access, to increase the amount of agricultural products available to underserved communities and schools in the state. Existing law requires the office to, among other things, identify urban and rural communities that lack access to healthy food, and to coordinate with local, state, and federal agencies to promote and increase awareness of programs that promote greater food access. -This bill would establish the Nutrition Incentive Matching Grant Program in the Office of Farm to Fork, and would create the Nutrition Incentive Matching Grant Account in the Department of Food and Agriculture Fund to collect matching funds received from a specified federal grant program and funds from other public and private sources, to encourage the purchase and consumption of California fresh fruits, nuts, and vegetables by nutrition benefit clients, as defined. The bill would provide that the program shall only provide grants upon the deposit of sufficient funds, as specified, into the account. The bill would require that moneys in the Nutrition Incentive Matching Grant Account be awarded in the form of grants to qualified entities, as defined, for consumer incentive programs, as defined, subject to specified regulations and in accordance with certain priorities. The bill would require the Office of Farm to Fork to establish minimum standards, funding schedules, and procedures for awarding grants, as specified.","An act to add Chapter 13 (commencing with Section 49010) to Division 17 of the Food and Agricultural Code, relating to food and agriculture." -790,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 38501 of the Health and Safety Code is amended to read: -38501. -The Legislature finds and declares all of the following: -(a) Global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California. The potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state from the Sierra snowpack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems. -(b) Global warming will have detrimental effects on some of California’s largest industries, including agriculture, wine, tourism, skiing, recreational and commercial fishing, and forestry. It will also increase the strain on electricity supplies necessary to meet the demand for summer air-conditioning in the hottest parts of the state. -(c) California has long been a national and international leader on energy conservation and environmental stewardship efforts, including the areas of air quality protections, energy efficiency requirements, renewable energy standards, natural resource conservation, and greenhouse gas emission standards for passenger vehicles. The program established by this division will continue this tradition of environmental leadership by placing California at the forefront of national and international efforts to reduce emissions of greenhouse gases. -(d) National and international actions are necessary to fully address the issue of global warming. However, action taken by California to reduce emissions of greenhouse gases will have far-reaching effects by encouraging other states, the federal government, and other countries to act. -(e) By exercising a global leadership role, California will also position its economy, technology centers, financial institutions, and businesses to benefit from national and international efforts to reduce emissions of greenhouse gases. More importantly, investing in the development of innovative and pioneering technologies will assist California in achieving the statewide limits on emissions of greenhouse gases established by this division for 2020 and beyond and will provide an opportunity for the state to take a global economic and technological leadership role in reducing emissions of greenhouse gases. -(f) It is the intent of the Legislature that the State Air Resources Board coordinate with state agencies, -as well as -and -consult with the environmental justice community, industry sectors, business groups, academic institutions, environmental organizations, and other stakeholders, in implementing this division. -(g) It is the intent of the Legislature that the State Air Resources Board consult with the Public Utilities Commission in the development of emissions reduction measures, including limits on emissions of greenhouse gases applied to electricity and natural gas providers regulated by the Public Utilities Commission in order to ensure that electricity and natural gas providers are not required to meet duplicative or inconsistent regulatory requirements. -(h) It is the intent of the Legislature that the State Air Resources Board design emissions reduction measures to meet the statewide emissions limits for greenhouse gases established pursuant to this division in a manner that minimizes costs and maximizes benefits for California’s economy, improves and modernizes California’s energy infrastructure and maintains electric system reliability, maximizes additional environmental and economic co-benefits for California, and complements the state’s efforts to improve air quality. -(i) It is the intent of the Legislature that the Climate Action Team established by the Governor to coordinate the efforts set forth under Executive Order S-3-05 continue its role in coordinating overall climate policy. -SEC. 2. -Section 38505 of the Health and Safety Code is amended to read: -38505. -For the purposes of this division, the following terms have the following meanings: -(a) “Allowance” means an authorization to emit, during a specified year, up to one ton of carbon dioxide equivalent. -(b) “Alternative compliance mechanism” means an action undertaken by a greenhouse gas emission source that achieves the equivalent reduction of greenhouse gas emissions over the same time period as a direct emission reduction, and that is approved by the state board. “Alternative compliance mechanism” includes, but is not limited to, a flexible compliance schedule, alternative control technology, a process change, or a product substitution. -(c) “Carbon dioxide equivalent” means the amount of carbon dioxide by weight that would produce the same global warming impact as a given weight of another greenhouse gas, based on the best available science, including from the Intergovernmental Panel on Climate Change. -(d) “Cost-effective” or “cost-effectiveness” means the cost per unit of reduced emissions of greenhouse gases adjusted for its global warming potential. -(e) “Direct emission reduction” means a greenhouse gas emission reduction action made by a greenhouse gas emission source at that source. -(f) “Emissions reduction measure” means programs, measures, standards, and alternative compliance mechanisms authorized pursuant to this division, applicable to sources or categories of sources, that are designed to reduce emissions of greenhouse gases. -(g) “Greenhouse gas” or “greenhouse gases” includes all of the following gases: -(1) Carbon dioxide. -(2) Methane. -(3) Nitrous oxide. -(4) Hydrofluorocarbons. -(5) Perfluorocarbons. -(6) Sulfur hexafluoride. -(7) Nitrogen trifluoride. -(h) “Greenhouse gas emissions limit” means an authorization, during a specified year, to emit up to a level of greenhouse gases specified by the state board, expressed in tons of carbon dioxide equivalents. -(i) “Greenhouse gas emission source” or “source” means any source, or category of sources, of greenhouse gas emissions whose emissions are at a level of significance, as determined by the state board, that its participation in the program established under this division will enable the state board to effectively reduce greenhouse gas emissions and monitor compliance with the statewide greenhouse gas emissions limit. -(j) “Leakage” means a reduction in emissions of greenhouse gases within the state that is offset by an increase in emissions of greenhouse gases outside the state. -(k) “Market-based compliance mechanism” means either of the following: -(1) A system of market-based declining annual aggregate emissions limitations for sources or categories of sources that emit greenhouse gases. -(2) Greenhouse gas emissions exchanges, banking, credits, and other transactions, governed by rules and protocols established by the state board, that result in the same greenhouse gas emission reduction, over the same time period, as direct compliance with a greenhouse gas emission limit or emission reduction measure adopted by the state board pursuant to this division. -(l) “State board” means the State Air Resources Board. -(m) “Statewide greenhouse gas emissions” means the total annual emissions of greenhouse gases in the state, including all emissions of greenhouse gases from the generation of electricity delivered to and consumed in California, accounting for transmission and distribution line losses, whether the electricity is generated in state or imported. Statewide emissions shall be expressed in tons of carbon dioxide equivalents. -(n) “Statewide greenhouse gas emissions limit” or “statewide emissions limit” means the maximum allowable level of statewide greenhouse gas emissions in -2020, -2020 and beyond, -as determined by the state board pursuant to Part 3 (commencing with Section 38550).","The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. The act makes various findings and declarations. -T -he act defines various terms, including “statewide greenhouse gas emissions limit,” for purposes of the act. -This bill would make changes to those findings and declarations. -The bill would revise the definition of “statewide greenhouse gas emissions limit.”","An act to amend -Section 38501 -Sections 38501 and 38505 -of the Health and Safety Code, relating to greenhouse gases." -791,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The Delta smelt (Hypomesus transpacificus) is a small fish native to the Sacramento-San Joaquin Delta. The Delta smelt is a particularly vulnerable species in the Delta, with a typical lifespan of a single year. It has an unusually low fecundity for a fish with a limited planktonic larvae diet. It resides primarily within the interface between the salt and fresh water. -(b) In 1993, the Delta smelt was listed as threatened and has henceforth been protected under state law pursuant to the California Endangered Species Act. -(c) There are many known threats to the smelt in the Delta. Loss of habitat, reduced food supply, invasive species, rising temperatures, and toxic contaminants have all been identified as playing a potential role in the decline of Delta smelt. -(d) It is critical to move forward with the appropriate comprehensive strategy for a sustainable Delta that includes the investments necessary to allow the Delta smelt and other sensitive species to survive and thrive in their native habitat. This goal must be accomplished in a manner that will also provide sufficient and reliable water supplies to meet the public health and safety needs of Californians throughout the state and support California’s vital economic interests. -(e) A long-term comprehensive solution is vital to addressing the myriad of issues affecting ecosystem health and species recovery. However, immediate action is needed to address the critical condition of the Delta smelt population. A Delta smelt hatchery is a single element in what should constitute a suit of actions aimed at improving habitat conditions and species recovery. A Delta smelt hatchery can provide near-term benefits to ensure the survival of this key Delta species. -SEC. 2. -Chapter 7.1 (commencing with Section 1710) is added to Division 2 of the Fish and Game Code, to read: -CHAPTER 7.1. Delta Smelt Preservation and Restoration Act -1710. -This chapter shall be known, and may be cited, as the Delta Smelt Preservation and Restoration Act of 2016. -1711. -As used in this chapter: -(a) “Banking partner” means any state, federal, or local public agency, or person, that enters into a written agreement with the department to participate in the Delta Smelt Hatchery Program. -(b) “Delta” means the Sacramento-San Joaquin Delta as described in Section 12220 of the Water Code. -(c) “Delta smelt” means the Delta smelt (Hypomesus transpacificus) of the family Osmeridae. -(d) “Mitigation bank” means a publicly or privately owned and operated fish hatchery in which Delta smelt are spawned and reared for the purpose of creating refugia populations or for release into the delta to increase the population of Delta smelt in the delta or for use as stock for scientific studies, and which is constructed consistent with this chapter to mitigate the adverse impacts on Delta smelt populations caused by the activities of banking partners. -(e) “Mitigation banking agreement” means a written agreement between the department and a banking partner that satisfies the incidental take requirements of subdivision (b) of Section 2081 and that provides a uniform procedure and contribution from each banking partner for receiving mitigation bank credits. -(f) “Program” means the Delta Smelt Hatchery Program developed by the department pursuant to Section 1712. -(g) “Refugia” means a captive Delta smelt broodstock population managed to maintain a genetic population representative of the wild population. -1712. -The department shall develop the Delta Smelt Hatchery Program to preserve and restore the Delta smelt. The program shall be implemented by January 1, 2018, and shall do all of the following: -(a) Design a propagation facility for the following intended purposes: -(1) Establishing a genetic refugia population. -(2) Developing broodstock for scientific and educational purposes. -(3) Providing a source of fish for supplementation of wild populations. -(b) Identify three potential sites within, or immediately adjacent to, the delta that are suitable for the design, construction, and operation of a Delta smelt hatchery. -(c) Result in the design and construction of at least one Delta smelt hatchery on a site identified under subdivision (b) by January 1, 2019. -(d) Develop a hatchery management plan that identifies hatchery management and implementation strategies to ensure the success of the program in meeting its goals. The Hatchery Management Plan shall be developed in consultation with the University of California and the United States Fish and Wildlife Service, and other mediums for scientific peer review, as deemed appropriate by the department. -(e) Establish and operate a mitigation bank available to banking partners in order to provide take authorization pursuant to Section 2081 to participating banking partners. -(f) Adopt guidelines that establish the procedures for entering into a mitigation banking agreement and the cost of participation in the mitigation bank. -1713. -The department shall enter into mitigation banking agreements with banking partners for the purpose of providing take authorization under Section 2081. Mitigation banking agreements shall meet both of the following requirements: -(a) Establish a requirement for the banking partner to participate in the mitigation bank at a level that is roughly proportional to the impact of the banking partner’s activity on Delta smelt. -(b) Set the financial contribution of the banking partner, together with a method of making financial contributions to the mitigation bank, that provide sufficient certainty that financing is available for that banking partner’s share of the annual operations of the Delta smelt hatchery in an amount sufficient to satisfy the mitigation obligation of the banking partner under the permit issued pursuant to Section 1714. -1714. -If the department enters into a mitigation banking agreement that satisfies all of the requirements of this chapter, the department shall issue a permit authorizing an incidental take under Section 2081 to participating banking partners. -1715. -Delta smelt reared for refugia populations, scientific research, and population augmentation shall be counted towards mitigation credits. Hatchery production in excess of the obligations of mitigation banking partners shall create mitigation credits available to meet the obligations of future activities. Banking credits shall be available to banking partners to satisfy mitigation obligations required under the federal Endangered Species Act, consistent with a mitigation plan approved by the United States Fish and Wildlife Service. -1716. -Funding necessary for the long-term operation and maintenance of the program and a Delta smelt hatchery shall be provided from revenues received from banking partners. Funds provided through banking agreements shall be dedicated to program implementation and not used for other purposes. -1717. -Costs for the planning, design, and construction of a Delta smelt hatchery, including purchase of any necessary lands, easements, or rights-of-way shall be made from funds allocated pursuant to Section 1718. An audit of all funds received for the program shall be conducted every three years. -1718. -The sum of dollars ($____) is hereby appropriated from ____ to the department for expenditure without regard to fiscal year, for purposes of implementing this chapter. -1719. -The department may contract with public agencies outside of state government for the planning, design, construction, and operation of one or more Delta smelt hatcheries. -1720. -The department may partner with the United States Fish and Wildlife Service in establishing and operating a Delta smelt hatchery, provided that all requirements of this chapter shall be complied with. -1721. -The department shall cooperate on the development of long-term comprehensive Delta ecosystem solutions to ensure consistency with this chapter. A program implemented pursuant to Section 1712 shall be included as one of the actions incorporated into any state-adopted comprehensive Delta ecosystem program. -1722. -Nothing in this chapter shall diminish the protections provided to Delta smelt under state law, provide for illegal taking of Delta smelt, or eliminate the requirements for compliance with the California Endangered Species Act.","Existing law requires the Fish and Game Commission to establish fish hatcheries for the purposes of stocking the waters of California with fish, and requires the Department of Fish and Wildlife to maintain and operate those hatcheries. -This bill would enact the Delta Smelt Preservation and Restoration Act of 2016. The act would require the department to develop a Delta smelt hatchery program to preserve and restore the Delta smelt. The bill would require the department to enter into mitigation banking agreements with banking partners for the purpose of providing take authorizations to banking partners and to obtain funding from banking agreements. -The bill would appropriate an unspecified amount of money from an unspecified source to the department for purposes of implementing the bill’s provisions.","An act to add Chapter 7.1 (commencing with Section 1710) to Division 2 of the Fish and Game Code, relating to the Delta smelt, and making an appropriation therefor." -792,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 739.1 of the Public Utilities Code is amended to read: -739.1. -(a) The commission shall continue a program of assistance to low-income electric and gas customers with annual household incomes that are no greater than 200 percent of the federal poverty guideline levels, the cost of which shall not be borne solely by any single class of customer. For one-person households, program eligibility shall be based on two-person household guideline levels. The program shall be referred to as the California Alternate Rates for Energy or CARE program. The commission shall ensure that the level of discount for low-income electric and gas customers correctly reflects the level of need. -(b) The commission shall establish rates for CARE program participants, subject to both of the following: -(1) That the commission ensure that low-income ratepayers are not jeopardized or overburdened by monthly energy expenditures, pursuant to subdivision (b) of Section 382. -(2) That the level of the discount for low-income electricity and gas ratepayers correctly reflects the level of need as determined by the needs assessment conducted pursuant to subdivision (d) of Section 382. -(c) In establishing CARE discounts for an electrical corporation with 100,000 or more customer accounts in California, the commission shall ensure all of the following: -(1) The average effective CARE discount shall not be less than 30 percent or more than 35 percent of the revenues that would have been produced for the same billed usage by non-CARE customers. The average effective discount determined by the commission shall reflect any charges not paid by CARE customers, including payments for the California Solar Initiative, payments for the self-generation incentive program made pursuant to Section 379.6, payment of the separate rate component to fund the CARE program made pursuant to subdivision (a) of Section 381, payments made to the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code, and any discount in a fixed charge. The average effective CARE discount shall be calculated as a weighted average of the CARE discounts provided to individual customers. -(2) If an electrical corporation provides an average effective CARE discount in excess of the maximum percentage specified in paragraph (1), the electrical corporation shall not reduce, on an annual basis, the average effective CARE discount by more than a reasonable percentage decrease below the discount in effect on January 1, 2013, or that the electrical corporation had been authorized to place in effect by that date. -(3) The entire discount shall be provided in the form of a reduction in the overall bill for the eligible CARE customer. -(d) The commission shall work with electrical and gas corporations to establish penetration goals. The commission shall authorize recovery of all administrative costs associated with the implementation of the CARE program that the commission determines to be reasonable, through a balancing account mechanism. Administrative costs shall include, but are not limited to, outreach, marketing, regulatory compliance, certification and verification, billing, measurement and evaluation, and capital improvements and upgrades to communications and processing equipment. -(e) The commission shall examine methods to improve CARE enrollment and participation. This examination shall include, but need not be limited to, comparing information from CARE and the Universal Lifeline Telephone Service (ULTS) to determine the most effective means of utilizing that information to increase CARE enrollment, automatic enrollment of ULTS customers who are eligible for the CARE program, customer privacy issues, and alternative mechanisms for outreach to potential enrollees. The commission shall ensure that a customer consents -prior to -before -enrollment. The commission shall consult with interested parties, including ULTS providers, to develop the best methods of informing ULTS customers about other available low-income programs, as well as the best mechanism for telephone providers to recover reasonable costs incurred pursuant to this section. -(f) (1) The commission shall improve the CARE application process by cooperating with other entities and representatives of California government, including the California Health and Human Services Agency and the Secretary of California Health and Human Services, to ensure that all gas and electric customers eligible for public assistance programs in California that reside within the service territory of an electrical corporation or gas corporation, are enrolled in the CARE program. The commission may determine that gas and electric customers are categorically eligible for CARE assistance if they are enrolled in other public assistance programs with substantially the same income eligibility requirements as the CARE program. To the extent practicable, the commission shall develop a CARE application process using the existing ULTS application process as a model. The commission shall work with electrical and gas corporations and the Low-Income Oversight Board established in Section 382.1 to meet the low-income objectives in this section. -CARE program participants who fail to respond to an income verification request shall be permanently barred from self-certified re -enrollment in the CARE program. -(2) The commission shall ensure that an electrical corporation or gas corporation with a commission-approved program to provide discounts based upon economic need in addition to the CARE program, including a Family Electric Rate Assistance program, utilize a single application form, to enable an applicant to alternatively apply for any assistance program for which the applicant may be eligible. It is the intent of the Legislature to allow applicants under one program, that may not be eligible under that program, but that may be eligible under an alternative assistance program based upon economic need, to complete a single application for any commission-approved assistance program offered by the public utility. -(g) It is the intent of the Legislature that the commission ensure CARE program participants receive affordable electric and gas service that does not impose an unfair economic burden on those participants. -(h) The commission’s program of assistance to low-income electric and gas customers shall, as soon as practicable, include nonprofit group living facilities specified by the commission, if the commission finds that the residents in these facilities substantially meet the commission’s low-income eligibility requirements and there is a feasible process for certifying that the assistance shall be used for the direct benefit, such as improved quality of care or improved food service, of the low-income residents in the facilities. The commission shall authorize utilities to offer discounts to eligible facilities licensed or permitted by appropriate state or local agencies, and to facilities, including women’s shelters, hospices, and homeless shelters, that may not have a license or permit but provide other proof satisfactory to the utility that they are eligible to participate in the program. -(i) (1) In addition to existing assessments of eligibility, an electrical corporation may require proof of income eligibility for those CARE program participants whose electricity usage, in any monthly or other billing period, exceeds 400 percent of baseline usage. The authority of an electrical corporation to require proof of income eligibility is not limited by the means by which the CARE program participant enrolled in the program, including if the participant was automatically enrolled in the CARE program because of participation in a governmental assistance program. If a CARE program participant’s electricity usage exceeds 400 percent of baseline usage, the electrical corporation may require the CARE program participant to participate in the Energy Savings Assistance Program (ESAP), which includes a residential energy assessment, in order to provide the CARE program participant with information and assistance in reducing his or her energy usage. Continued participation in the CARE program may be conditioned upon the CARE program participant agreeing to participate in ESAP within 45 days of notice being given by the electrical corporation pursuant to this paragraph. The electrical corporation may require the CARE program participant to notify the utility of whether the residence is rented, and if so, a means by which to contact the landlord, and the electrical corporation may share any evaluation and recommendation relative to the residential structure that is made as part of an energy assessment, with the landlord of the CARE program participant. Requirements imposed pursuant to this paragraph shall be consistent with procedures adopted by the commission. -(2) If a CARE program participant’s electricity usage exceeds 600 percent of baseline usage, the electrical corporation shall require the CARE program participant to participate in ESAP, which includes a residential energy assessment, in order to provide the CARE program participant with information and assistance in reducing his or her energy usage. Continued participation in the CARE program shall be conditioned upon the CARE program participant agreeing to participate in ESAP within 45 days of a notice made by the electrical corporation pursuant to this paragraph. The electrical corporation may require the CARE program participant to notify the utility of whether the residence is rented, and if so, a means by which to contact the landlord, and the electrical corporation may share any evaluation and recommendation relative to the residential structure that is made as part of an energy assessment, with the landlord of the CARE program participant. Following the completion of the energy assessment, if the CARE program participant’s electricity usage continues to exceed 600 percent of baseline usage, the electrical corporation may remove the CARE program participant from the program if the removal is consistent with procedures adopted by the commission. Nothing in this paragraph shall prevent a CARE program participant with electricity usage exceeding 600 percent of baseline usage from participating in an appeals process with the electrical corporation to determine whether the participant’s usage levels are legitimate. -(3) A CARE program participant in a rental residence shall not be removed from the program in situations where the landlord is nonresponsive when contacted by the electrical corporation or does not provide for ESAP participation. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations, as defined. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law requires the commission to establish a program of assistance to low-income electric and gas customers with annual household incomes that are no greater than 200% of the federal poverty guidelines, referred to as the California Alternate Rates for Energy or CARE program. -This bill would provide that CARE program participants who fail to respond to an income verification request shall be permanently barred from self-certified reenrollment in the CARE program. -Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. -Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 739.1 of the Public Utilities Code, relating to energy." -793,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 6 (commencing with Section 8390) is added to Division 4.1 of the Public Utilities Code, to read: -CHAPTER 6. Energy Efficiency Programs and Demand Response -8390. -(a) An electrical or gas corporation shall require recipients of rebates or incentives from residential or commercial energy efficiency or weatherization programs of the electrical or gas corporation, not including programs for appliance replacement, to install demand response infrastructure on the property for which the rebates or incentives are provided. -(b) A local publicly owned electric or gas utility shall require recipients of rebates or incentives from residential or commercial energy efficiency or weatherization programs of the utility, not including programs for appliance replacement, to install demand response infrastructure on the property for which the rebates or incentives are provided. -SECTION 1. -Section 399.20 of the -Public Utilities Code -is amended to read: -399.20. -(a)It is the policy of this state and the intent of the Legislature to encourage electrical generation from eligible renewable energy resources, including renewable energy resources that can be used to meet peak demand. -(b)As used in this section, “electric generation facility” means an electric generation facility located within the service territory of, and developed to sell electricity to, an electrical corporation that meets all of the following criteria: -(1)Has an effective capacity of not more than three megawatts. -(2)Is interconnected and operates in parallel with the electrical transmission and distribution grid. -(3)Is strategically located and interconnected to the electrical transmission and distribution grid in a manner that optimizes the deliverability of electricity generated at the facility to load centers. -(4)Is an eligible renewable energy resource. -(c)An electrical corporation shall file with the commission a standard tariff for electricity purchased from an electric generation facility. The commission may modify or adjust the requirements of this section for an electrical corporation with less than 100,000 service connections, as individual circumstances merit. -(d)(1)The tariff shall provide for payment for every kilowatthour of electricity purchased from an electric generation facility for a period of 10, 15, or 20 years, as authorized by the commission. The payment shall be the market price determined by the commission pursuant to paragraph (2) and shall include all current and anticipated environmental compliance costs, including, but not limited to, mitigation of emissions of greenhouse gases and air pollution offsets associated with the operation of new generating facilities in the local air pollution control or air quality management district where the electric generation facility is located. -(2)The commission shall establish a methodology to determine the market price of electricity for terms corresponding to the length of contracts with an electric generation facility, in consideration of the following: -(A)The long-term market price of electricity for fixed price contracts, determined pursuant to an electrical corporation’s general procurement activities, as authorized by the commission. -(B)The long-term ownership, operating, and fixed-price fuel costs associated with fixed-price electricity from new generating facilities. -(C)The value of different electricity products including baseload, peaking, and as-available electricity. -(3)The commission may adjust the payment rate to reflect the value of every kilowatthour of electricity generated on a time-of-delivery basis. -(4)The commission shall ensure, with respect to rates and charges, that ratepayers that do not receive service pursuant to the tariff are indifferent to whether a ratepayer with an electric generation facility receives service pursuant to the tariff. -(e)An electrical corporation shall provide expedited interconnection procedures to an electric generation facility located on a distribution circuit that generates electricity at a time and in a manner so as to offset the peak demand on the distribution circuit, if the electrical corporation determines that the electric generation facility will not adversely affect the distribution grid. The commission shall consider, and may establish, a value for an electric generation facility located on a distribution circuit that generates electricity at a time and in a manner so as to offset the peak demand on the distribution circuit. -(f)(1)An electrical corporation shall make the tariff available to the owner or operator of an electric generation facility within the service territory of the electrical corporation, upon request, on a first-come-first-served basis, until the electrical corporation meets its proportionate share of a statewide cap of 750 megawatts cumulative rated generation capacity served under this section and Section 399.32. The proportionate share shall be calculated based on the ratio of the electrical corporation’s peak demand compared to the total statewide peak demand. -(2)By June 1, 2013, the commission shall, in addition to the 750 megawatts identified in paragraph (1), direct the electrical corporations to collectively procure at least 250 megawatts of cumulative rated generating capacity from developers of bioenergy projects that commence operation on or after June 1, 2013. The commission shall, for each electrical corporation, allocate shares of the additional 250 megawatts based on the ratio of each electrical corporation’s peak demand compared to the total statewide peak demand. In implementing this paragraph, the commission shall do all of the following: -(A)Allocate the 250 megawatts identified in this paragraph among the electrical corporations based on the following categories: -(i)For biogas from wastewater treatment, municipal organic waste diversion, food processing, and codigestion, 110 megawatts. -(ii)For dairy and other agricultural bioenergy, 90 megawatts. -(iii)For bioenergy using byproducts of sustainable forest management, 50 megawatts. Allocations under this category shall be determined based on the proportion of bioenergy that sustainable forest management providers derive from sustainable forest management in fire threat treatment areas, as designated by the Department of Forestry and Fire Protection. -(B)Direct the electrical corporations to develop standard contract terms and conditions that reflect the operational characteristics of the projects, and to provide a streamlined contracting process. -(C)Coordinate, to the maximum extent feasible, any incentive or subsidy programs for bioenergy with the agencies listed in subparagraph (A) of paragraph (3) to provide maximum benefits to ratepayers and to ensure that incentives are used to reduce contract prices. -(D)The commission shall encourage gas and electrical corporations to develop and offer programs and services to facilitate development of in-state biogas for a broad range of purposes. -(3)(A)The commission, in consultation with the Energy Commission, the State Air Resources Board, the Department of Forestry and Fire Protection, the Department of Food and Agriculture, and the Department of Resources Recycling and Recovery, may review the allocations of the 250 additional megawatts identified in paragraph (2) to determine if those allocations are appropriate. -(B)If the commission finds that the allocations of the 250 additional megawatts identified in paragraph (2) are not appropriate, the commission may reallocate the 250 megawatts among the categories established in subparagraph (A) of paragraph (2). -(4)For purposes of this subdivision, “bioenergy” means biogas and biomass. -(g)The electrical corporation may make the terms of the tariff available to owners and operators of an electric generation facility in the form of a standard contract subject to commission approval. -(h)Every kilowatthour of electricity purchased from an electric generation facility shall count toward meeting the electrical corporation’s renewables portfolio standard annual procurement targets for purposes of paragraph (1) of subdivision (b) of Section 399.15. -(i)The physical generating capacity of an electric generation facility shall count toward the electrical corporation’s resource adequacy requirement for purposes of Section 380. -(j)(1)The commission shall establish performance standards for any electric generation facility that has a capacity greater than one megawatt to ensure that those facilities are constructed, operated, and maintained to generate the expected annual net production of electricity and do not impact system reliability. -(2)The commission may reduce the three megawatt capacity limitation of paragraph (1) of subdivision (b) if the commission finds that a reduced capacity limitation is necessary to maintain system reliability within that electrical corporation’s service territory. -(k)(1)An owner or operator of an electric generation facility that received ratepayer-funded incentives in accordance with Section 379.6 of this code, or with Section 25782 of the Public Resources Code, and participated in a net metering program pursuant to Sections 2827 and 2827.10 of, and former Section 2827.9 of, this code before January 1, 2010, shall be eligible for a tariff or standard contract filed by an electrical corporation pursuant to this section. -(2)In establishing the tariffs or standard contracts pursuant to this section, the commission shall consider ratepayer-funded incentive payments previously received by the generation facility pursuant to Section 379.6 of this code or Section 25782 of the Public Resources Code. The commission shall require reimbursement of any funds received from these incentive programs to an electric generation facility, in order for that facility to be eligible for a tariff or standard contract filed by an electrical corporation pursuant to this section, unless the commission determines ratepayers have received sufficient value from the incentives provided to the facility based on how long the project has been in operation and the amount of renewable electricity previously generated by the facility. -(3)A customer that receives service under a tariff or contract approved by the commission pursuant to this section is not eligible to participate in a net metering program. -(l)An owner or operator of an electric generation facility electing to receive service under a tariff or contract approved by the commission shall continue to receive service under the tariff or contract until either of the following occurs: -(1)The owner or operator of an electric generation facility no longer meets the eligibility requirements for receiving service pursuant to the tariff or contract. -(2)The period of service established by the commission pursuant to subdivision (d) is completed. -(m)Within 10 days of receipt of a request for a tariff pursuant to this section from an owner or operator of an electric generation facility, the electrical corporation that receives the request shall post a copy of the request on its Internet Web site. The information posted on the Internet Web site shall include the name of the city in which the facility is located, but information that is proprietary and confidential, including, but not limited to, address information beyond the name of the city in which the facility is located, shall be redacted. -(n)An electrical corporation may deny a tariff request pursuant to this section if the electrical corporation makes any of the following findings: -(1)The electric generation facility does not meet the requirements of this section. -(2)The transmission or distribution grid that would serve as the point of interconnection is inadequate. -(3)The electric generation facility does not meet all applicable state and local laws and building standards and utility interconnection requirements. -(4)The aggregate of all electric generating facilities on a distribution circuit would adversely impact utility operation and load restoration efforts of the distribution system. -(o)Upon receiving a notice of denial from an electrical corporation, the owner or operator of the electric generation facility denied a tariff pursuant to this section shall have the right to appeal that decision to the commission. -(p)To ensure the safety and reliability of electric generation facilities, the owner of an electric generation facility receiving a tariff pursuant to this section shall provide an inspection and maintenance report to the electrical corporation at least once every other year. The inspection and maintenance report shall be prepared at the owner’s or operator’s expense by a California-licensed contractor who is not the owner or operator of the electric generation facility. A California-licensed electrician shall perform the inspection of the electrical portion of the generation facility. -(q)The contract between the electric generation facility receiving the tariff and the electrical corporation shall contain provisions that ensure that construction of the electric generating facility complies with all applicable state and local laws and building standards, and utility interconnection requirements. -(r)(1)All construction and installation of facilities of the electrical corporation, including at the point of the output meter or at the transmission or distribution grid, shall be performed only by that electrical corporation. -(2)All interconnection facilities installed on the electrical corporation’s side of the transfer point for electricity between the electrical corporation and the electrical conductors of the electric generation facility shall be owned, operated, and maintained only by the electrical corporation. The ownership, installation, operation, reading, and testing of revenue metering equipment for electric generating facilities shall only be performed by the electrical corporation.","Existing law requires the Public Utilities Commission, in consultation with the State Energy Resources Conservation and Development Commission, to identify all potential cost-effective energy efficiency savings and establish efficiency targets for an electrical or gas corporation. Existing law requires a local publicly owned electric utility, in procuring energy, to acquire all cost-effective energy efficiency and demand response resources that are cost-effective, reliable, and feasible. -This bill would require electric and gas corporations and local publicly owned electric and gas utilities to require recipients of rebates or incentives from their residential or commercial energy efficiency or weatherization programs to install demand response infrastructure on the property for which the rebates or incentives are provided. -Under the Public Utilities Act, electrical corporations are required to file with the Public Utilities Commission a standard tariff for electricity purchased from certain electric generation facilities. The act declares it is the policy of this state and the intent of the Legislature to encourage electrical generation from eligible renewable energy resources. -This bill would specifically include in those eligible renewable energy resources those that can be used to meet peak demand. The bill also would make nonsubstantive changes and would correct erroneous cross-references.","An act to -amend Section 399.20 -add Chapter 6 (commencing with Section 8390) to Division 4.1 -of the Public Utilities Code, relating to energy." -794,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1158 of the Evidence Code is amended to read: -1158. -(a) For purposes of this section, “medical provider” means physician and surgeon, dentist, registered nurse, dispensing optician, registered physical therapist, podiatrist, licensed psychologist, osteopathic physician and surgeon, chiropractor, clinical laboratory bioanalyst, clinical laboratory tormed by a medical provider, or by an agent thereof, when the requesting attorney has employed a professional photocopier or anyone identified in Section 22451 of the Business and Professions Code as his or her representative to obtain or review the records on his or her behalf. The presentation of the authorization by the agent on behalf of the attorney shall be sufficient proof that the agent is the attorney’s representative. -(d) Failure to make the records available during business hours, within five days after the presentation of the written authorization, may subject the medical provider having custody or control of the records to liability for all reasonable expenses, including attorney’s fees, incurred in any proceeding to enforce this section. -(e) (1) All reasonable costs incurred by a medical provider in making patient records available pursuant to this section may be charged against the attorney who requested the records. -(2) “Reasonable cost,” as used in this section, shall include, but not be limited to, the following specific costs: ten cents ($0.10) per page for standard reproduction of documents of a size 8 -1/2 -by 14 inches or less; twenty cents ($0.20) per page for copying of documents from microfilm; actual costs for the reproduction of oversize documents or the reproduction of documents requiring special processing which are made in response to an authorization; reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of sixteen dollars ($16) per hour per person, computed on the basis of four dollars ($4) per quarter hour or fraction thereof; actual postage charges; and actual costs, if any, charged to the witness by a third person for the retrieval and return of records held by that third person. -(f) If the records are delivered to the attorney or the attorney’s representative for inspection or photocopying at the record custodian’s place of business, the only fee for complying with the authorization shall not exceed fifteen dollars ($15), plus actual costs, if any, charged to the record custodian by a third person for retrieval and return of records held offsite by the third person. -(g) If the records requested pursuant to subdivision (b) are maintained electronically and if the requesting party requests an electronic copy of such information, the medical provider shall provide the requested medical records in the electronic form and format requested by the requesting party, if it is readily producible in such form and format, or, if not, in a readable form and format as agreed to by the medical provider and the requesting party. -(h) A medical provider shall accept a signed and completed authorization form for the disclosure of health information if both of the following conditions are satisfied: -(1) The medical provider determines that the form is valid. -(2) The form is printed in a typeface no smaller than 14-point type and is in substantially the following form: -AUTHORIZATION FOR DISCLOSURE OF HEALTH INFORMATION PURSUANT TO EVIDENCE CODE SECTION 1158 -The undersigned authorizes the medical provider designated below to disclose specified medical records to a designated recipient. The medical provider shall not condition treatment, payment, enrollment, or eligibility for benefits on the submission of this authorization. -Medical provider: ________________ - - -Patient name: ________________ -Medical record number: ________________ -Date of birth: ________________ -Address: ________________ -Telephone number: ________________ -Email: ________________ - - -Recipient name: ________________ -Recipient address: ________________ -Recipient telephone number: ________________ -Recipient email: ________________ - - -Health information requested (check all that apply): -___Records dated from ________ to ________. -___Radiology records: ________ images or films ________ reports________digital/CD, if available. -___Laboratory results dated. -___Laboratory results regarding specific test(s) only (specify)________. -___All records. -___Records related to a specific injury, treatment, or other purpose (specify): ________________. - - -Note: records may include information related to mental health, alcohol or drug use, and HIV or AIDS. However, treatment records from mental health and alcohol or drug departments and results of HIV tests will not be disclosed unless specifically requested (check all that apply): - - -___Mental health records. -___Alcohol or drug records. -___HIV test results. - - -Method of delivery of requested records: -___Mail -___Pick up -___Electronic delivery, recipient email:________________ - - -This authorization is effective for one year from the date of the signature unless a different date is specified here: ________________. - - -This authorization may be revoked upon written request, but any revocation will not apply to information disclosed before receipt of the written request. - - -A copy of this authorization is as valid as the original. The undersigned has the right to receive a copy of this authorization. - - -Notice: Once the requested health information is disclosed, any disclosure of the information by the recipient may no longer be protected under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). - - -Patient signature*: ________________ -Date: ________________ -Print name: ________________ - - -*If not signed by the patient, please indicate relationship to the patient (check one, if applicable): - - -___Parent or guardian of minor patient who could not have consented to health care. -___Guardian or conservator of an incompetent patient. -___Beneficiary or personal representative of deceased patient.","Existing law requires certain enumerated medical providers and medical employers to make a patient’s records available for inspection and copying by an attorney, or his or her representative, who presents a written authorization therefor, as specified. -This bill would require a medical provider or attorney, as defined, to provide an electronic copy of a medical record that is maintained electronically, upon request. The bill would also require a medical provider to accept a prescribed authorization form once completed and signed by the patient if the medical provider determines that the form is valid.","An act to amend Section 1158 of the Evidence Code, relating to evidence." -795,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 35400 of the Vehicle Code is amended to read: -35400. -(a) A vehicle may not exceed a length of 40 feet. -(b) This section does not apply to any of the following: -(1) A vehicle used in a combination of vehicles when the excess length is caused by auxiliary parts, equipment, or machinery not used as space to carry any part of the load, except that the combination of vehicles shall not exceed the length provided for combination vehicles. -(2) A vehicle, when the excess length is caused by any parts necessary to comply with the fender and mudguard regulations of this code. -(3) (A) An articulated bus or articulated trolley coach that does not exceed a length of 60 feet. -(B) An articulated bus or articulated trolley coach described in subparagraph (A) may be equipped with a folding device attached to the front of the bus or trolley if the device is designed and used exclusively for transporting bicycles. The device, including any bicycles transported thereon, shall be mounted in a manner that does not materially affect efficiency or visibility of vehicle safety equipment, and shall not extend more than 36 inches from the front body of the bus or trolley coach when fully deployed. The handlebars of a bicycle that is transported on a device described in this subparagraph shall not extend more than 42 inches from the front of the bus. -(4) A semitrailer while being towed by a motortruck or truck tractor, if the distance from the kingpin to the rearmost axle of the semitrailer does not exceed 40 feet for semitrailers having two or more axles, or 38 feet for semitrailers having one axle if the semitrailer does not, exclusive of attachments, extend forward of the rear of the cab of the motortruck or truck tractor. -(5) A bus or house car when the excess length is caused by the projection of a front safety bumper or a rear safety bumper, or both. The safety bumper shall not cause the length of the vehicle to exceed the maximum legal limit by more than one foot in the front and one foot in the rear. For the purposes of this chapter, “safety bumper” means any device that is fitted on an existing bumper or which replaces the bumper and is constructed, treated, or manufactured to absorb energy upon impact. -(6) A schoolbus, when the excess length is caused by the projection of a crossing control arm. For the purposes of this chapter, “crossing control arm” means an extendable and retractable device fitted to the front of a schoolbus that is designed to impede movement of pupils exiting the schoolbus directly in front of the schoolbus so that pupils are visible to the driver while they are moving in front of the schoolbus. An operator of a schoolbus shall not extend a crossing control arm while the schoolbus is in motion. Except when activated, a crossing control arm shall not cause the maximum length of the schoolbus to be extended by more than 10 inches, inclusive of any front safety bumper. Use of a crossing control arm by the operator of a schoolbus does not, in and of itself, fulfill his or her responsibility to ensure the safety of students crossing a highway or private road pursuant to Section 22112. -(7) A bus, when the excess length is caused by a device, located in front of the front axle, for lifting wheelchairs into the bus. That device shall not cause the length of the bus to be extended by more than 18 inches, inclusive of any front safety bumper. -(8) A bus, when the excess length is caused by a device attached to the rear of the bus designed and used exclusively for the transporting of bicycles. This device may be up to 10 feet in length, if the device, along with any other device permitted pursuant to this section, does not cause the total length of the bus, including any device or load, to exceed 50 feet. -(9) A bus operated by a public agency or a passenger stage corporation, as defined in Section 226 of the Public Utilities Code, used in transit system service, other than a schoolbus, when the excess length is caused by a folding device attached to the front of the bus which is designed and used exclusively for transporting bicycles. The device, including any bicycles transported thereon, shall be mounted in a manner that does not materially affect efficiency or visibility of vehicle safety equipment, and shall not extend more than 40 inches from the front -body -of the bus when fully deployed. The handlebars of a bicycle that is transported on a device described in this paragraph shall not extend more than 46 inches from the front of the bus. A device described in this paragraph may not be used on a bus that, exclusive of the device, exceeds 40 feet in length or on a bus having a device attached to the rear of the bus pursuant to paragraph (8). -(10) (A) A bus of a length of up to 45 feet when operating on those highways specified in subdivision (a) of Section 35401.5. The Department of Transportation or local authorities, with respect to highways under their respective jurisdictions, may not deny reasonable access to a bus of a length of up to 45 feet between the highways specified in subdivision (a) of Section 35401.5 and points of loading and unloading for motor carriers of passengers as required by the federal Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240). -(B) A bus operated by a public agency and on those highways specified in subparagraph (A) may be equipped with a folding device attached to the front of the bus that is designed and used exclusively for transporting bicycles. The device, including all bicycles transported thereon, may be mounted in a manner that does not materially affect efficiency or visibility of vehicle safety equipment, and may not extend more than 36 inches from the front body of the bus when fully deployed. The handlebars of a bicycle that is transported on a device described in this subparagraph may not extend more than 42 inches from the front of the bus. The total length of the bus, including the folding device or load, may not exceed 48.5 feet. A Route Review Committee, established under this subparagraph, shall review the routes where a public agency proposes to operate a 45-foot bus equipped with a front-mounted bicycle rack. The Route Review Committee shall be comprised of one member from the public agency appointed by the general manager of the public agency; one member who is a traffic engineer and is employed and selected by the public agency that has jurisdiction over the largest proportional share of routes among all affected agencies; and one member appointed by the labor organization that is the exclusive representative of the bus drivers of the public agency. If there is no exclusive representative of the bus drivers, a bus driver member shall be chosen by a majority vote of the bus drivers employed by the agency. The members of the Route Review Committee shall be selected not more than 30 days after receipt of a public agency proposal to equip a 45-foot bus with a front-mounted bicycle rack. The review shall include a field review of the proposed routes. The purpose of the Route Review Committee is to ensure the safe operation of a 45-foot bus that is equipped with a front-mounted bicycle rack. The Route Review Committee, by a unanimous vote, shall make a determination of which routes are suitable for the safe operation of a 45-foot bus that is equipped with a front-mounted bicycle rack. These determinations shall be consistent with the operating requirements specified in subparagraph (A). It is the intent of the Legislature that the field review required under this subparagraph include consultation with traffic engineers from affected public agencies that have jurisdiction over segments of the route or routes under review, to ensure coordination with all affected state and local public road agencies that may potentially be impacted due to the operation of a 45-foot bus with a front-mounted bicycle rack. -(11) (A) A house car of a length of up to 45 feet when operating on the National System of Interstate and Defense Highways or when using those portions of federal aid primary system highways that have been qualified by the United States Secretary of Transportation for that use, or when using routes appropriately identified by the Department of Transportation or local authorities, with respect to highways under their respective jurisdictions. -(B) A house car described in subparagraph (A) may be operated on a highway that provides reasonable access to facilities for purposes limited to fuel, food, and lodging when that access is consistent with the safe operation of the vehicle and when the facility is within one road mile of identified points of ingress and egress to or from highways specified in subparagraph (A) for use by that vehicle. -(C) As used in this paragraph and paragraph (10), “reasonable access” means access substantially similar to that authorized for combinations of vehicles pursuant to subdivision (c) of Section 35401.5. -(D) Any access route established by a local authority pursuant to subdivision (d) of Section 35401.5 is open for access by a house car of a length of up to 45 feet. In addition, local authorities may establish a process whereby access to services by house cars of a length of up to 45 feet may be applied for upon a route not previously established as an access route. The denial of a request for access to services shall be only on the basis of safety and an engineering analysis of the proposed access route. In lieu of processing an access application, local authorities, with respect to highways under their jurisdiction, may provide signing, mapping, or a listing of highways, as necessary, to indicate the use of these specific routes by a house car of a length of up to 45 feet. -(c) The Legislature, by increasing the maximum permissible kingpin to rearmost axle distance to 40 feet effective January 1, 1987, as provided in paragraph (4) of subdivision (b), does not intend this action to be considered a precedent for any future increases in truck size and length limitations. -(d) Any transit bus equipped with a folding device installed on or after January 1, 1999, that is permitted under subparagraph (B) of paragraph (3) of subdivision (b) or under paragraph (9) of subdivision (b) shall be additionally equipped with any of the following: -(1) An indicator light that is visible to the driver and is activated whenever the folding device is in an extended position. -(2) Any other device or mechanism that provides notice to the driver that the folding device is in an extended position. -(3) A mechanism that causes the folding device to retract automatically from an extended position. -(e) (1) A person may not improperly or unsafely mount a bicycle on a device described in subparagraph (B) of paragraph (3) of subdivision (b), or in paragraph (9) or (10) of subdivision (b). -(2) Notwithstanding subdivision (a) of Section 23114 or subdivision (a) of Section 24002 or any other provision of law, when a bicycle is improperly or unsafely loaded by a passenger onto a transit bus, the passenger, and not the driver, is liable for any violation of this code that is attributable to the improper or unlawful loading of the bicycle. -SECTION 1. -Section 37420.5 is added to the -Government Code -, to read: -37420.5. -(a)The City of Montebello may sell all or part of its water utility pursuant to this article as provided in Section 10051.5 of the Public Utilities Code. -(b)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date. -SEC. 2. -Section 10051.5 is added to the -Public Utilities Code -, to read: -10051.5. -(a)Notwithstanding any other provision of this article, the City of Montebello may sell all or part of its water utility property pursuant to Article 3 (commencing with Section 37420) of Chapter 5 of Part 2 of Division 3 of Title 4 of the Government Code, subject and pursuant to the following additional provisions, limitations, and requirements: -(1)The governing body of the city shall not sell the water utility property for less than its fair market value determined as set forth in the Public Water System Investment and Consolidation Act of 1997 (Chapter 2.5 (commencing with Section 2718) of Part 2 of Division 1). -(2)A majority of the members of the governing body of the city must approve the sale. -(3)The entity acquiring the water utility property shall be a public utility, as defined in Section 216, which is presently authorized by the commission to provide water utility service within the corporate limits of the city pursuant to a certificate of public convenience and necessity and the area of the one or more certificates includes or surrounds all or part of the city’s water utility system. -(4)As a condition of acquiring the city’s water system, the acquiring public utility shall file a revised service area map with the commission that shows the area formerly served through the city’s water utility system as part of the acquiring public utility’s service area. The acquiring public utility shall submit the map by filing a tier-one advice letter with the commission and, upon this filing, shall be deemed authorized and bound to render public utility water service to all persons in the area formerly served through the city’s water utility system on the same terms, conditions, and rates that the commission has found to be just and reasonable for the acquiring public utility’s other customers in the city. -(b)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date. -SEC. 3. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances applicable to the City of Montebello. The City Council of the City of Montebello believes it is no longer in the public interest to own and operate all or part of a water utility and desires to sell its water utility. However, the city would be unable to do so in a timely manner because the Legislature has enacted statutes that may conflict with one another and with the City of Montebello’s urgent financial requirements, thereby preventing the City of Montebello from selling and the acquiring public utility from purchasing the water utility without an election and performance of other procedures. In order to clearly state the law with respect to the City of Montebello, a special statute is needed and a general statute cannot be made applicable. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -The City of Montebello’s water utility infrastructure is aging and is experiencing numerous leaks and equipment failures. The aging and failing water utility infrastructure impairs the safety and reliability of the city’s water utility system, including its ability to provide water for public fire-fighting purposes. The city’s water utility serves only a small fraction of the city’s residents and is losing money despite significant recent rate increases. The city’s budget and general fund cannot make up for that revenue shortfall or the cost of the urgently needed water supply infrastructure upgrades and repairs of its water utility system. The City of Montebello desires to sell all or part of the city-owned water utility to a public utility capable of operating, managing, and upgrading the water system while financial conditions are favorable to the city, however, the Legislature has adopted statutes governing the sale of municipal property which may conflict with each other and the urgent needs of the city. In order to provide the City of Montebello with the clear statutory authority to sell its water utility without an election as soon as possible, it is necessary that this act take effect immediately.","Existing law imposes a 40-foot limitation on the length of vehicles that may be operated on the highways, with specified exemptions. Existing law exempts from this limitation a bus, except a schoolbus, operated by a public agency or a passenger stage corporation, as defined, used in transit system service if the bus is equipped with a folding device attached to the front of the bus that is designed and used exclusively for transporting bicycles, the device does not materially affect efficiency or visibility of vehicle safety equipment, and the length of the bus, exclusive of that device, does not exceed 40 feet in length. In addition, existing law prohibits, among other things, the above-described device from extending more than 40 inches from the front body of the bus when fully deployed. -This bill would instead prohibit the above-described device from extending more than 40 inches from the front of the bus. -Existing law provides a procedure that is generally applicable for a city to sell its real property. Existing law also establishes specific procedures for the sale of public utility property owned by a municipal corporation with certain provisions applicable to the sale of property of a water utility. -This bill would authorize the City of Montebello to sell all or part of its water utility pursuant to the procedures that are generally applicable to a sale of real property by a city, if certain requirements are met. -This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Montebello. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to -add and repeal Section 37420.5 of the Government Code, and to add and repeal Section 10051.5 of the Public Utilities Code, relating to water utilities, and declaring the urgency thereof, to take effect immediately. -amend Section 35400 of the Vehicle Code, relating to vehicles." -796,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1938 of the Civil Code is amended to read: -1938. -(a) A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after January 1, 2016, whether or not the subject premises have undergone inspection by a Certified Access Specialist (CASp). -(b) If the subject premises have undergone inspection by a CASp and, to the best of the commercial property owner’s or lessor’s knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of the lease or rental agreement which have impacted the subject premises’ compliance with construction-related accessibility standards, the commercial property owner or lessor shall provide, prior to execution of the lease or rental agreement, a copy of any report prepared by the CASp with an agreement from the prospective lessee or tenant that information in the report shall remain confidential, except as necessary for the tenant to complete repairs and corrections of violations of construction-related accessibility standards that the lessee or tenant agrees to make. -(c) If the subject premises have been issued an inspection report by a CASp, as described in paragraph (1) of subdivision (a) of Section 55.53, indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of 55.52, the commercial property owner or lessor shall provide a copy of the current disability access inspection certificate and any inspection report to the lessee or tenant not already provided pursuant to subdivision (b) within seven days of the date of the execution of the lease form or rental agreement. -(d) If the subject premises have not been issued a disability access inspection certificate, as described in subdivision (e) of Section 55.53, the commercial property owner or lessor shall state the following on the lease form or rental agreement: - - -“A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, at the lessee’s or tenant’s expense, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection.” -SEC. 2. -Section 4459.8 of the Government Code is amended to read: -4459.8. -(a) The certification authorized by Section 4459.5 is effective for three years from the date of initial certification and expires if not renewed. The State Architect, upon consideration of any factual complaints regarding the work of a certified access specialist or of other relevant information, may suspend certification or deny renewal of certification. -(b) (1) The State Architect shall require each applicant for certification as a certified access specialist to do both of the following: -(A) Pay fees, including an application and course fee and an examination fee, at a level sufficient to meet the costs of application processing, registration, publishing a list, and other activities that are reasonably necessary to implement and administer the certified access specialist program. -(B) Provide to the State Architect the name of the city, county, or city and county in which the applicant intends to provide services. -(2) The State Architect shall require each applicant for renewal of certification to do both of the following: -(A) Pay a fee sufficient to cover the reasonable costs of reassessing qualifications of renewal applicants. -(B) Provide to the State Architect the name of the city, county, or city and county in which the applicant has provided services since the last day of certification by the State Architect. -(3) The State Architect shall periodically review his or her schedule of fees to ensure that the fees for certification are not excessive while covering the costs to administer the certified access specialist program. The application fee for a California licensed architect, landscape architect, civil engineer, or structural engineer shall not exceed two hundred fifty dollars ($250). -(c) All fees collected pursuant to this section shall be deposited into the Certified Access Specialist Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340, this fund is continuously appropriated without regard to fiscal years for use by the State Architect to implement Sections 4459.5 to 4459.8, inclusive. -(d) The State Architect shall post on his or her Internet Web site the name of the city, county, or city and county in which each certified access specialist provides or intends to provide services. -SEC. 3. -Section 8299.06 of the Government Code is amended to read: -8299.06. -(a) A priority of the commission shall be the development and dissemination of educational materials and information to promote and facilitate disability access compliance. -(b) The commission shall work with other state agencies, including the Division of the State Architect and the Department of Rehabilitation, to develop educational materials and information for use by businesses to understand their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards. -(c) The commission shall develop and make available on its Internet Web site, or make available on its Internet Web site if developed by another governmental agency, including Americans with Disabilities Act centers, toolkits or educational modules to assist a California business to understand its obligations under the law and to facilitate compliance with respect to the top 10 alleged construction-related violations, by type, as specified in subdivision (a) of Section 8299.08. Upon completion of this requirement, the commission shall develop and make available on its Internet Web site, or work with another agency to develop, other toolkits or educational modules that would educate businesses of the accessibility requirements and to facilitate compliance with that requirement. -(d) The commission shall post the following on its Internet Web site: -(1) Educational materials and information that will assist building owners, tenants, building officials, and building inspectors to understand the disability accessibility requirements and to facilitate compliance with disability access laws. The commission shall at least annually review the educational materials and information on disability access requirements and compliance available on the Internet Web sites of other local, state, or federal agencies, including Americans with Disabilities Act centers, to augment the educational materials and information developed by the commission. -(2) A link to the Internet Web site of the Division of the State Architect’s Certified Access Specialist (CASp) Program to assist building owners and tenants in locating or hiring a CASp. -(e) The commission shall, to the extent feasible, coordinate with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete, and make its educational materials and information available to those agencies and departments. -(f) The commission shall establish a permanent legislative outreach coordinator position and a permanent educational outreach coordinator position. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","(1) Existing law requires the State Architect to establish and publicize a program for the voluntary certification by the state of any person who meets specified criteria as a Certified Access Specialist (CASp). Existing law requires each applicant for CASp certification or renewal to pay certain fees, and requires the State Architect to periodically review those fees, as specified. Existing law provides for the deposit of those fees into the Certified Access Specialist Fund, which is continuously appropriated for use by the State Architect to implement the CASp program. -This bill would require applicants for CASp certification or renewal to additionally provide to the State Architect the name of the city, county, or city and county in which the applicant intends to provide or has provided services, and would require the State Architect to post that information on his or her Internet Web site. -(2) Existing law requires a commercial property owner or lessor to state on every lease form or rental agreement executed on or after July 1, 2013, whether the property has been determined by a CASp to meet all applicable construction-related accessibility standards. -This bill, for every lease form or rental agreement executed on or after January 1, 2016, would require the commercial property owner or lessor to provide the lessee or tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, as specified, or would require a statement on the form or agreement that, upon request of the lessee or tenant, the property owner may not prohibit a CASp inspection of the subject premises at the lessee’s or tenant’s expense and that the parties must mutually agree on the arrangements for the time and manner of the inspection. -(3) Existing law establishes the California Commission on Disability Access for purposes of developing recommendations to enable persons with disabilities to exercise their right to full and equal access to public facilities and facilitating business compliance with applicable state and federal laws and regulations. Existing law sets forth the powers and duties of the commission, including, but not limited to, developing educational materials and information for businesses, building owners, tenants, and building officials, posting that information on the commission’s Internet Web site, and coordinating with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete. Existing law provides that those provisions shall not remain operative unless funds are appropriated for those purposes. -This bill would additionally require the commission to provide a link on its Internet Web site to the Internet Web site of the Division of the State Architect’s CASp certification program and to make the commission’s educational materials and information available to other state agencies and local building departments. -(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1938 of the Civil Code, and to amend Sections 4459.8 and 8299.06 of the Government Code, relating to disability access." -797,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1016.2 is added to the Penal Code, to read: -1016.2. -The Legislature finds and declares all of the following: -(a) In Padilla v. Kentucky, 559 U.S. 356 (2010), the United States Supreme Court held that the Sixth Amendment requires defense counsel to provide affirmative and competent advice to noncitizen defendants regarding the potential immigration consequences of their criminal cases. California courts also have held that defense counsel must investigate and advise regarding the immigration consequences of the available dispositions, and should, when consistent with the goals of and informed consent of the defendant, and as consistent with professional standards, defend against adverse immigration consequences (People v. Soriano, 194 Cal.App.3d 1470 (1987), People v. Barocio, 216 Cal.App.3d 99 (1989), People v. Bautista, 115 Cal.App.4th 229 (2004)). -(b) In Padilla v. Kentucky, the United States Supreme Court sanctioned the consideration of immigration consequences by both parties in the plea negotiating process. The court stated that “informed consideration of possible deportation can only benefit both the State and noncitizen defendants during the plea-bargaining process. By bringing deportation consequences into this process, the defense and prosecution may well be able to reach agreements that better satisfy the interests of both parties.” -(c) In Padilla v. Kentucky, the United States Supreme Court found that for noncitizens, deportation is an integral part of the penalty imposed for criminal convictions. Deportation may result from serious offenses or a single minor offense. It may be by far the most serious penalty flowing from the conviction. -(d) With an accurate understanding of immigration consequences, many noncitizen defendants are able to plead to a conviction and sentence that satisfy the prosecution and court, but that have no, or fewer, adverse immigration consequences than the original charge. -(e) Defendants who are misadvised or not advised at all of the immigration consequences of criminal charges often suffer irreparable damage to their current or potential lawful immigration status, resulting in penalties such as mandatory detention, deportation, and permanent separation from close family. In some cases, these consequences could have been avoided had counsel provided informed advice and attempted to defend against such consequences. -(f) Once in removal proceedings, a noncitizen may be transferred to any of over 200 immigration detention facilities across the country. Many criminal offenses trigger mandatory detention, so that the person may not request bond. In immigration proceedings, there is no court-appointed right to counsel and as a result, the majority of detained immigrants go unrepresented. Immigration judges often lack the power to consider whether the person should remain in the United States in light of equitable factors such as serious hardship to United States citizen family members, length of time living in the United States, or rehabilitation. -(g) The immigration consequences of criminal convictions have a particularly strong impact in California. One out of every four persons living in the state is foreign-born. One out of every two children lives in a household headed by at least one foreign-born person. The majority of these children are United States citizens. It is estimated that 50,000 parents of California United States citizen children were deported in a little over two years. Once a person is deported, especially after a criminal conviction, it is extremely unlikely that he or she ever is permitted to return. -(h) It is the intent of the Legislature to codify Padilla v. Kentucky and related California case law and to encourage the growth of such case law in furtherance of justice and the findings and declarations of this section. -SEC. 2. -Section 1016.3 is added to the Penal Code, to read: -1016.3. -(a) Defense counsel shall provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the goals of and with the informed consent of the defendant, and consistent with professional standards, defend against those consequences. -(b) The prosecution, in the interests of justice, and in furtherance of the findings and declarations of Section 1016.2, shall consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution. -(c) This code section shall not be interpreted to change the requirements of Section 1016.5, including the requirement that no defendant shall be required to disclose his or her immigration status to the court. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the court in a noncapital case, if the defendant appears for arraignment without counsel, to inform the defendant that it is his or her right to have counsel before being arraigned and to ask the defendant if he or she desires the assistance of counsel. If the defendant desires and is unable to employ counsel, the court is required to assign counsel to defend him or her as provided. Existing law requires courts, prior to acceptance of a plea of guilty or nolo contendere by a defendant, to inform the defendant that a conviction of the offense charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. -This bill would require defense counsel to provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the goals of and with the informed consent of the defendant, and with professional standards, defend against those consequences. The bill would require the prosecution, in the interests of justice, to consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution. By requiring an increased level of service, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Sections 1016.2 and 1016.3 to the Penal Code, relating to criminal procedure." -798,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 53094 of the Government Code is amended to read: -53094. -(a) Notwithstanding any other provision of this article, this article does not require a school district or county office of education to comply with the zoning ordinances of a county or city unless both of the following have occurred: -(1) The zoning ordinance makes provision for the location of public schools. -(2) The city or county has adopted a general plan. -(b) Notwithstanding subdivision (a), the governing board of a school district or county office of education, that has complied with the requirements of Section 65352.2 of this code and Section 21151.2 of the Public Resources Code, by a vote of two-thirds of its members, may render a city or county zoning ordinance inapplicable to a proposed use of property by the school district or county office of education. The governing board of the school district or county office of education may not take this action when the proposed use of the property by the school district or county office of education is for nonclassroom facilities, including, but not limited to, warehouses, administrative buildings, and automotive storage and repair buildings. -(c) The governing board of the school district or county office of education shall, within 10 days, notify the city or county concerned of any action taken pursuant to subdivision (b). If the governing board has taken this action, the city or county may commence an action in the superior court of the county whose zoning ordinance is involved or in which is situated the city whose zoning ordinance is involved, seeking a review of the action of the governing board of the school district or county office of education to determine whether it was arbitrary and capricious. The city or county shall cause a copy of the complaint to be served on the board. If the court determines that the action was arbitrary and capricious, it shall declare it to be of no force and effect, and the zoning ordinance in question shall be applicable to the use of the property by the school district or county office of education. -SEC. 2. -Section 53097.3 of the Government Code is repealed. -SEC. 3. -Section 53097.3 is added to the Government Code, to read: -53097.3. -(a) Notwithstanding any other provision of this article, a school district or county office of education shall not render a city or county ordinance inapplicable to a charter school facility pursuant to this article, unless the facility is physically located within the geographical jurisdiction of that school district or county office of education. -(b) When a charter school facility is physically located within the geographic jurisdiction of a school district -or county office of education -, the charter school may make a written request for this school district -or county office of education -to render a city or county zoning ordinance inapplicable to a proposed use of the facility by the charter school only to the same extent to which -the -a -school district may render the zoning ordinance inapplicable to a use of property by the school district pursuant to Section 53094. -The notice of inapplicability of a zoning ordinance to a charter school facility shall not exempt a charter school facility that is otherwise subject to compliance with the California Building Standards Code pursuant to subdivision (d) of Section 47610 of the Education Code from compliance with that provision. -Along with the written request, a school district -or county office of education -may require the charter school to provide the school district with any or all of the following: -(1) The address of the charter school facility or documentary evidence that the charter school facility is located within the geographic jurisdiction of the school district -or county office of education -. -(2) A deed, purchase agreement, lease, or similar contractual document to establish that the charter school has control over the charter school facility. -(3) Payment of a reasonable fee not to exceed five hundred dollars ($500) to process the written request. -(c) -(1) -If the requirements of subdivision (b) are met, the school district -or county office of education -shall, within 60 days of receiving the written request and, if required, other items described in subdivision (b), -place the request for notice of zoning inapplicability on the agenda of a public meeting of its governing board, and if so approved by the board, -notify the city or county concerned in writing that the school district -or county board -has rendered a city or county ordinance inapplicable to a charter school facility that is physically located within the geographical jurisdiction of the school district -or county office of education -. -(2) The governing board of the school district or county office of education shall approve the request for notice of zoning inapplicability unless the governing board of the school district or county office of education, in a public meeting, adopts written findings specific to the proposed site that the issuance of a notice of zoning inapplicability will result in the placement of a school facility in a location that will endanger the health and safety of the students of the charter school. -(d) -(1) -If -a charter school requests that a school district issue a notice of zoning inapplicability on behalf of the charter school, and -the school district does not provide the notice of inapplicability within 60 days pursuant to subdivision (c) and the charter school facility is physically located within the geographic jurisdiction of a county office of education, the charter school may -subsequently -request this county office of education to provide the notice of inapplicability to the city or county concerned -, under the same process and standard -as described in subdivision (c) -. -If, after receiving this request, -(2) If -the county office of education does not provide the notice of inapplicability within -60 days of receiving an original request from a charter school, or within -30 days of -the -receiving a -request -that was first submitted to a school district -, the charter school may file an appeal with the State Board of Education. -Notwithstanding -(3) -Notwithstanding -any other -provision of -law, upon receipt of the appeal, the State Board of Education -, within 120 days of receiving the written request shall place the request for notice of zoning inapplicability on the agenda of a public meeting of its governing board, and if -approved by the boards, -shall notify the city or county concerned of the inapplicability of the city or county ordinance to the charter school -facility. -facility, under the same process and standards as required of the school district and county office of education as described in subdivision (c). -(e) A charter school that makes a written request to render a city or county zoning ordinance inapplicable to the proposed use of a facility shall not be required to make any warranties, except that the facility will be used for classrooms and is in the jurisdiction of the school district or county office of education or provide indemnification, bonds, insurance coverage, or any other type of financial assurance as a condition for rendering an ordinance inapplicable to a charter school facility. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law authorizes the governing board of a school district, by a -2/3 -vote of its members, to render a city or county zoning ordinance inapplicable to a proposed use of school district property, except when the proposed use is for nonclassroom facilities. -This bill would extend this authorization to the governing board of a county office of education. -(2) Existing law prohibits a school district from rendering a city or county ordinance inapplicable to a charter school facility, unless the charter school facility is physically located within the geographic jurisdiction of the school district. -This bill would also prohibit a county office of education from rendering a city or county ordinance inapplicable to a charter school facility, unless the charter school is physically located within the geographic jurisdiction of the county office of education. The bill would authorize, when a charter school facility is physically located within the geographic jurisdiction of a school district -or county office of education -, a charter school to make a written request for this school district -or county office of education -to render a city or county zoning ordinance inapplicable to a proposed use of the facility by the charter school, as specified. The bill would authorize the school district -or county office of education -to require specified documentation and payment of a reasonable fee along with this request. The bill would require the school district -or county office of education -to notify the city or county concerned that the school district -or county office of education -has taken this action. The bill would authorize the charter school to request a county office of education to provide the notice if the school district does not within a specified time period. The bill would also authorize the charter school, if the county office of education does not provide the notice within a specified time period, to file an appeal with the State Board of Education, which would be required to notify the city or county concerned of the inapplicability of the city or county ordinance to the charter school facility. By increasing the duties of local officials, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 53094 of, and to repeal and add Section 53097.3 of, the Government Code, relating to zoning ordinances." -799,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) For millennia, fire has shaped and renewed the ecosystems of California’s forestlands. Some of these fires were naturally ignited by lightning, but fire was also an important tool for Native Americans. -(b) For more than a century, states and the federal government have focused on fire suppression. This has resulted in unnaturally high fuel accumulations. Forests that may have normally hosted 50 to 60 trees per acre can now average 350 trees per acre or more. These forest conditions, often combined with prolonged periods of drought, substantially increase the risk of catastrophic wildfire and complicate response efforts. -(c) Historically, fire regimes were frequent, as often as every 3 to 10 years, but burned with far less intensity. Unlike modern catastrophic wildfires, historic forest fires largely burned surface fuels and scattered small groups of trees. In contrast, today’s forest fires often devastate wide swaths of forest, threaten and damage buildings and life, destroy habitat, kill wildlife, and cause severe erosion. -(d) California is expected to see more large fires in the future, which will result in increased greenhouse gas emissions. Some studies suggest that forest-fire-related greenhouse gas emissions could increase by more than 50 percent in the next 70 years. -(e) The 2013 Rim Fire burned over 250,000 acres over 69 days and caused hundreds of millions of dollars in economic and environmental damage; destroyed significant habitat for a number of California’s rarest animals; and demanded more than $125 million in firefighting costs. It is estimated that the Rim Fire released over 11 million metric tons of greenhouse gases, which is equivalent to the annual emissions of 2.3 million cars. Experts have attributed the fire’s exponential growth to a century’s worth of fuel left behind due to historical fire suppression policies. -(f) The 2007 Angora Fire resulted in roughly 143,000 tons of greenhouse gas emissions, or approximately 46.2 tons per acre. Studies indicate that those emissions could have been lowered to 12 tons per acre if the tree density was reduced from approximately 273 trees per acre to the natural 60 trees per acre level. -(g) To avoid these greenhouse gas emissions, we must focus our efforts on reducing the risk and intensity of catastrophic wildfires. -SEC. 2. -Section 38552 is added to the Health and Safety Code, to read: -38552. -(a) No later than January 1, 2017, the state board, in consultation with the Department of Forestry and Fire Protection, shall estimate the annual greenhouse gas emissions associated with wildfires in California between the years 1990 and 2015, inclusive. To ensure the most accurate determination feasible, the state board shall evaluate the best available information on greenhouse gas emissions associated with wildfires. -(b) No later than January 1, 2017, the state board shall develop an emissions baseline for wildfires by calculating the average of the annual greenhouse gas emissions associated with wildfires between the years 1990 and 2015, inclusive. -(c) No later than July 1, 2017, and every year thereafter, the state board and the Department of Forestry and Fire Protection shall annually approximate the greenhouse gas emissions associated with wildfires during the prior calendar year. -(d) In performing the requirements pursuant to this section, the state board and the Department of Forestry and Fire Protection shall consider and separately quantify emissions associated with fires originating on federally managed lands and evaluate whether those emissions were exacerbated by management activities utilized on those lands. -SEC. 3. -Section 39719 of the Health and Safety Code is amended to read: -39719. -(a) The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712. -(b) To carry out a portion of the requirements of subdivision (a), annual proceeds are continuously appropriated for the following: -(1) Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as following: -(A) Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code. -(B) Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. -Funds -Moneys -shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code. -(C) Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual -proceeds, -proceeds -shall be expended for affordable housing, consistent with the provisions of that program. -(2) Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code: -(A) Acquisition and construction costs of the project. -(B) Environmental review and design costs of the project. -(C) Other capital costs of the project. -(D) Repayment of any loans made to the authority to fund the project. -(3) Beginning with the 2016–17 fiscal year and notwithstanding Section 13340 of the Government Code, one hundred million dollars ($100,000,000) is hereby continuously appropriated to the Department of Forestry and Fire Protection from the fund, for the purposes of reducing greenhouse gas emissions by preventing the incidence and reducing the intensity of catastrophic wildfires, by any of the following methods: -(A) Vegetation management and brush clearance. -(B) Biomass energy incentives. -(C) Incentives for private actions to reduce the risk or intensity of wildfires or improve the resiliency of those lands. -(D) Reforestation of lands that have previously been burned in a catastrophic wildfire. -(c) In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the -funds -moneys -subject to Section 39719.1 shall not be included. -SEC. 4. -Chapter 7.5 (commencing with Section 4495) is added to Part 2 of Division 4 of the Public Resources Code, to read: -CHAPTER 7.5. Wildfires and Greenhouse Gas Emissions -4495. -(a) No later than July 1, 2017, the department shall, after one or more public workshops, with public notice, and an opportunity for all interested parties to comment, develop and begin implementation of strategies to reduce by 2035 the preceding five-year average of greenhouse gas emissions associated with wildfires by 20 percent below the greenhouse gas emissions baseline established pursuant to subdivision (b) of Section 38552 of the Health and Safety Code. -(b) The strategies developed and implemented pursuant to subdivision (a) may include, but are not limited to, any of the following: -(1) Vegetation management and brush clearance. -(2) Biomass energy incentives. -(3) Incentives for private actions to reduce the risk or intensity of wildfires or improve the resiliency of those lands. -(4) Reforestation of lands that have previously been burned in a catastrophic wildfire. -(5) Agreements between the federal government and the department to undertake identified strategies.","Existing law requires the Department of Forestry and Fire Protection to implement various fire prevention programs in the state and to provide fire suppression service in the event of wildfires in forest resources and timberlands. -The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. -This bill would require the state board, in consultation with the department, no later than January 1, 2017, to estimate the annual greenhouse gas emissions associated with wildfires in California between the years 1990 and 2015, inclusive. The bill would require the state board to develop, no later than January 1, 2017, an emissions baseline for wildfires by calculating the average of the annual greenhouse gas emissions associated with wildfires between the years 1990 and 2015, inclusive. The bill would require the state board and the department to annually approximate, no later than July 1, 2017, and every year thereafter, the greenhouse gas emissions associated with wildfires during the prior calendar year. -This bill, beginning with the 2016–17 fiscal year, would continuously appropriate $100,000,000 to the department from the Greenhouse Gas Reduction Fund for specified activities that have the purpose of reducing greenhouse gas emissions by preventing the incidence of and reducing the intensity of catastrophic wildfires. -This bill would require the department, no later than July 1, 2017, after one or more specified public workshops, to develop and begin implementation of strategies to reduce by 2035 the preceding 5-year average of greenhouse gas emissions associated with wildfires by 20 percent below the greenhouse gas emissions baseline described above.","An act to amend Section 39719 of, and to add Section 38552 to, the Health and Safety Code, and to add Chapter 7.5 (commencing with Section 4495) to Part 2 of Division 4 of the Public Resources Code, relating to wildfires, and making an appropriation therefor." -800,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 9204 is added to the Public Contract Code, to read: -9204. -(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on public works in the state that is complete and not in dispute is paid in full and in a timely manner. -(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to all claims by contractors in connection with public works. -(c) For purposes of this section: -(1) “Claim” means a separate demand by the contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: -(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a public works contract. -(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. -(C) Payment of an amount that is disputed by the public entity. -(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for public works. -(3) (A) “Public entity” means, without limitation, a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. -(B) “Public entity” shall not include the following: -(i) The Department of Water Resources as to any project under the jurisdiction of that department. -(ii) The Division of Boating and Waterways in the Department of Parks and Recreation as to any project under the jurisdiction of that division pursuant to Article 2.5 (commencing with Section 65) of Chapter 2 of Division 1 of the Harbors and Navigation Code. -(iii) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. -(iv) The Military Department as to any project under the jurisdiction of that department. -(v) The Department of General Services as to all other projects. -(vi) The High-Speed Rail Authority. -(4) “Public work” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. -(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. -(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. -(B) The claimant shall furnish reasonable documentation to support the claim. -(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. -(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. -(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. -(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. -(C) For purposes of this section, mediation includes any nonbinding process, such as neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. -(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. -(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. -(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. -(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. -(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. -(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. -(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity in its public works contracts may include dispute resolution provisions that comply with this section, including the timeframes set forth herein, and that prescribe additional reasonable and equitable terms regarding actions or procedures to be taken by the parties. -(g) This section applies to contracts entered into on or after January 1, 2016. -(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. -(i) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law prescribes various requirements regarding the formation, content, and enforcement of state and local public contracts. Existing law applicable to state public contracts generally requires that the resolution of claims related to those contracts be subject to arbitration. Existing law applicable to local agency contracts prescribes a process for the resolution of claims related to those contracts of $375,000 or less. -This bill would establish, for contracts entered into on or after January 1, 2016, a claim resolution process applicable to all claims by contractors in connection with public works. The bill would define a claim as a separate demand by the contractor for one or more of the following: a time extension for relief from damages or penalties for delay, payment of money or damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed by the public entity, as specified. -The bill would require a public entity, defined to exclude certain state entities, upon receipt of a claim sent by registered or certified mail, to review it and, within 45 days, provide a written statement identifying the disputed and undisputed portions of the claim. The 45-day period may be extended by mutual agreement. The bill would require any payment due on an undisputed portion of the claim to be processed within 60 days, as specified. The bill, if the public entity fails to issue the written statement, would require that the claim be deemed rejected in its entirety. The bill would authorize, if the claimant disputes the public entity’s written response or if the public entity fails to respond to a claim within the time prescribed, the claimant to demand to meet and confer for settlement of the issues in dispute. The bill would require any disputed portion of the claim that remains in dispute after the meet and confer conference to be subject to nonbinding mediation, as specified. The bill would provide that unpaid claim amounts accrue interest at 7% per annum. The bill would prescribe a procedure by which a subcontractor or lower tier contractor may make a claim through the contractor. The bill would require the text of these provisions or a summary of them to be set forth in the plans or specifications for any public work which may give rise to a claim. The bill would specify that a waiver of the rights granted by its provisions is void and contrary to public policy, except as specified. The bill would also specify that it does not impose liability on a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. By increasing the duties of local agencies and officials, this bill would impose a state-mandated local program. -This bill would, on January 1, 2019, repeal the provision establishing the claim resolution process. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add and repeal Section 9204 of the Public Contract Code, relating to public contracts." -801,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1000 of the Penal Code is amended to read: -1000. -(a) This chapter shall apply whenever a case is before any court upon an accusatory pleading for a violation of Section 11350, 11357, 11364, or 11365, paragraph (2) of subdivision (b) of Section 11375, Section 11377, or Section 11550 of the Health and Safety Code, or subdivision (b) of Section 23222 of the Vehicle Code, or Section 11358 of the Health and Safety Code if the marijuana planted, cultivated, harvested, dried, or processed is for personal use, or Section 11368 of the Health and Safety Code if the narcotic drug was secured by a fictitious prescription and is for the personal use of the defendant and was not sold or furnished to another, or subdivision (d) of Section 653f if the solicitation was for acts directed to personal use only, or Section 381 or subdivision (f) of Section 647 of the Penal Code, if for being under the influence of a controlled substance, or Section 4060 of the Business and Professions Code, and it appears to the prosecuting attorney that, except as provided in subdivision (b) of Section 11357 of the Health and Safety Code, all of the following apply to the defendant: -(1) The defendant has no prior conviction within five years prior to the alleged commission of the charged offense for any offense involving controlled substances other than the offenses listed in this subdivision. -(2) The offense charged did not involve a crime of violence or threatened violence. -(3) There is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation of the sections listed in this subdivision. -(4) The defendant has no prior conviction within five years prior to the alleged commission of the charged offense for a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5. -(b) The prosecuting attorney shall review his or her file to determine whether or not paragraphs (1) to (4), inclusive, of subdivision (a) apply to the defendant. If the defendant is found eligible, the prosecuting attorney shall file with the court a declaration in writing or state for the record the grounds upon which the determination is based, and shall make this information available to the defendant and his or her attorney. This procedure is intended to allow the court to set the hearing for pretrial diversion at the arraignment. If the defendant is found ineligible for pretrial diversion, the prosecuting attorney shall file with the court a declaration in writing or state for the record the grounds upon which the determination is based, and shall make this information available to the defendant and his or her attorney. The sole remedy of a defendant who is found ineligible for pretrial diversion is a postconviction appeal. -(c) All referrals for pretrial diversion granted by the court pursuant to this chapter shall be made only to programs that have been certified by the county drug program administrator pursuant to Chapter 1.5 (commencing with Section 1211) of Title 8, or to programs that provide services at no cost to the participant and have been deemed by the court and the county drug program administrator to be credible and effective. The defendant may request to be referred to a program in any county, as long as that program meets the criteria set forth in this subdivision. -(d) Pretrial diversion for an alleged violation of Section 11368 of the Health and Safety Code shall not prohibit any administrative agency from taking disciplinary action against a licensee or from denying a license. Nothing in this subdivision shall be construed to expand or restrict the provisions of Section 1000.4. -(e) Any defendant who is participating in a program referred to in this section may be required to undergo analysis of his or her urine for the purpose of testing for the presence of any drug as part of the program. However, urinalysis results shall not be admissible as a basis for any new criminal prosecution or proceeding. -SEC. 2. -Section 1000.1 of the Penal Code is amended to read: -1000.1. -(a) If the prosecuting attorney determines that this chapter may be applicable to the defendant, he or she shall advise the defendant and his or her attorney in writing of that determination. This notification shall include all of the following: -(1) A full description of the procedures for pretrial diversion. -(2) A general explanation of the roles and authorities of the probation department, the prosecuting attorney, the program, and the court in the process. -(3) A clear statement that the court may grant pretrial diversion with respect to any crime specified in subdivision (a) of Section 1000 that is charged, provided that the defendant pleads not guilty to the charge or charges, waives the right to a speedy trial and to a speedy preliminary hearing, if applicable, and that upon the defendant’s successful completion of a program, as specified in subdivision (c) of Section 1000, the positive recommendation of the program authority and the motion of the defendant, prosecuting attorney, the court, or the probation department, but no sooner than six months and no later than one year from the date of the defendant’s referral to the program, the court shall dismiss the charge or charges against the defendant. -(4) A clear statement that upon any failure of treatment or condition under the program, or any circumstance specified in Section 1000.3, the prosecuting attorney or the probation department or the court on its own may make a motion to the court to terminate pretrial diversion and schedule further proceedings as otherwise provided in this code. -(5) An explanation of criminal record retention and disposition resulting from participation in the pretrial diversion program and the defendant’s rights relative to answering questions about his or her arrest and pretrial diversion following successful completion of the program. -(b) If the defendant consents and waives his or her right to a speedy trial and a speedy preliminary hearing, if applicable, the court may refer the case to the probation department or the court may summarily grant pretrial diversion. When directed by the court, the probation department shall make an investigation and take into consideration the defendant’s age, employment and service records, educational background, community and family ties, prior controlled substance use, treatment history, if any, demonstrable motivation, and other mitigating factors in determining whether the defendant is a person who would be benefited by education, treatment, or rehabilitation. The probation department shall also determine which programs the defendant would benefit from and which programs would accept the defendant. The probation department shall report its findings and recommendations to the court. The court shall make the final determination regarding education, treatment, or rehabilitation for the defendant. If the court determines that it is appropriate, the court shall grant pretrial diversion if the defendant pleads not guilty to the charge or charges and waives the right to a speedy trial and to a speedy preliminary hearing, if applicable. -(c) (1) No statement, or any information procured therefrom, made by the defendant to any probation officer or drug treatment worker, that is made during the course of any investigation conducted by the probation department or treatment program pursuant to subdivision (b), and prior to the reporting of the probation department’s findings and recommendations to the court, shall be admissible in any action or proceeding brought subsequent to the investigation. -(2) No statement, or any information procured therefrom, with respect to the specific offense with which the defendant is charged, that is made to any probation officer or drug program worker subsequent to the granting of pretrial diversion shall be admissible in any action or proceeding. -(d) A defendant’s participation in pretrial diversion pursuant to this chapter shall not constitute a conviction or an admission of guilt for any purpose. -SEC. 3. -Section 1000.2 of the Penal Code is amended to read: -1000.2. -(a) The court shall hold a hearing and, after consideration of any information relevant to its decision, shall determine if the defendant consents to further proceedings under this chapter and if the defendant should be granted pretrial diversion. If the defendant does not consent to participate in pretrial diversion the proceedings shall continue as in any other case. -(b) At the time that pretrial diversion is granted, any bail bond or undertaking, or deposit in lieu thereof, on file by or on behalf of the defendant shall be exonerated, and the court shall enter an order so directing. -(c) The period during which pretrial diversion is granted shall be for no less than six months nor longer than one year. However, the defendant may request, and the court shall grant, for good cause shown, an extension of time to complete a program specified in subdivision (c) of Section 1000. Progress reports shall be filed by the probation department with the court as directed by the court. -SEC. 4. -Section 1000.3 of the Penal Code is amended to read: -1000.3. -(a) If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned program, or that the defendant is convicted of an offense that reflects the defendant’s propensity for violence, or the defendant is convicted of a felony, the prosecuting attorney, the court on its own, or the probation department may make a motion for termination from pretrial diversion. -(b) After notice to the defendant, the court shall hold a hearing to determine whether pretrial diversion shall be terminated. -(c) If the court finds that the defendant is not performing satisfactorily in the assigned program, or the court finds that the defendant has been convicted of a crime as indicated in subdivision (a) the court shall schedule the matter for further proceedings as otherwise provided in this code. -(d) If the defendant has completed pretrial diversion, at the end of that period, the criminal charge or charges shall be dismissed. -(e) Prior to dismissing the charge or charges or terminating pretrial diversion, the court shall consider the defendant’s ability to pay and whether the defendant has paid a diversion restitution fee pursuant to Section 1001.90, if ordered, and has met his or her financial obligation to the program, if any. As provided in Section 1203.1b, the defendant shall reimburse the probation department for the reasonable cost of any program investigation or progress report filed with the court as directed pursuant to Sections 1000.1 and 1000.2. -SEC. 5. -Section 1000.4 of the Penal Code is amended to read: -1000.4. -(a) Any record filed with the Department of Justice shall indicate the disposition in those cases referred to pretrial diversion pursuant to this chapter. Upon successful completion of a pretrial diversion program, the arrest upon which the defendant was diverted shall be deemed to have never occurred. The defendant may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or granted pretrial diversion for the offense, except as specified in subdivision (b). A record pertaining to an arrest resulting in successful completion of a pretrial diversion program shall not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate. -(b) The defendant shall be advised that, regardless of his or her successful completion of the pretrial diversion program, the arrest upon which pretrial diversion was based may be disclosed by the Department of Justice in response to any peace officer application request and that, notwithstanding subdivision (a), this section does not relieve him or her of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830. -SEC. 6. -Section 1000.5 of the Penal Code is amended to read: -1000.5. -(a) The presiding judge of the superior court, or a judge designated by the presiding judge, together with the district attorney and the public defender, may agree in writing to establish and conduct a preguilty plea drug court program pursuant to the provisions of this chapter, wherein criminal proceedings are suspended without a plea of guilty for designated defendants. The drug court program shall include a regimen of graduated sanctions and rewards, individual and group therapy, urinalysis testing commensurate with treatment needs, close court monitoring and supervision of progress, educational or vocational counseling as appropriate, and other requirements as agreed to by the presiding judge or his or her designee, the district attorney, and the public defender. If there is no agreement in writing for a preguilty plea program by the presiding judge or his or her designee, the district attorney, and the public defender, the program shall be operated as a pretrial diversion program as provided in this chapter. -(b) The provisions of Section 1000.3 and Section 1000.4 regarding satisfactory and unsatisfactory performance in a program shall apply to preguilty plea programs. If the court finds that (1) the defendant is not performing satisfactorily in the assigned program, (2) the defendant is not benefiting from education, treatment, or rehabilitation, (3) the defendant has been convicted of a crime specified in Section 1000.3, or (4) the defendant has engaged in criminal conduct rendering him or her unsuitable for the preguilty plea program, the court shall reinstate the criminal charge or charges. If the defendant has performed satisfactorily during the period of the preguilty plea program, at the end of that period, the criminal charge or charges shall be dismissed and the provisions of Section 1000.4 shall apply. -SEC. 7. -Section 1000.6 of the Penal Code is amended to read: -1000.6. -(a) Where a person is participating in a pretrial diversion program or a preguilty plea program pursuant to this chapter, the person shall be allowed, under the direction of a licensed health care practitioner, to use medications including, but not limited to, methadone, buprenorphine, or levoalphacetylmethadol (LAAM) to treat substance use disorders if the participant allows release of his or her medical records to the court presiding over the participant’s preguilty plea or pretrial diversion program for the limited purpose of determining whether or not the participant is using such medications under the direction of a licensed health care practitioner and is in compliance with the pretrial diversion or preguilty plea program rules. -(b) If the conditions specified in subdivision (a) are met, using medications to treat substance use disorders shall not be the sole reason for exclusion from a pretrial diversion or preguilty plea program. A patient who uses medications to treat substance use disorders and participates in a preguilty plea or pretrial diversion program shall comply with all court program rules. -(c) A person who is participating in a pretrial diversion program or preguilty plea program pursuant to this chapter who uses medications to treat substance use disorders shall present to the court a declaration from his or her health care practitioner, or his or her health care practitioner’s authorized representative, that the person is currently under their care. -(d) Urinalysis results that only establish that a person described in this section has ingested medication duly prescribed to that person by his or her physician or psychiatrist, or medications used to treat substance use disorders, shall not be considered a violation of the terms of the pretrial diversion or preguilty plea program under this chapter. -(e) Except as provided in subdivisions (a) to (d), inclusive, this section shall not be interpreted to amend any provisions governing diversion programs. -SEC. 8. -Section 1000.7 is added to the Penal Code, immediately following Section 1000.6, to read: -1000.7. -This chapter does not affect a pretrial diversion program provided pursuant to Chapter 2.7 (commencing with Section 1001).","Existing law allows individuals charged with specified crimes to qualify for deferred entry of judgment. A defendant qualifies if he or she has no conviction for any offense involving controlled substances, the charged offense did not involve violence, there is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation that qualifies for the program, the defendant’s record does not indicate that probation or parole has ever been revoked without being completed, and the defendant’s record does not indicate that he or she has been granted diversion, deferred entry of judgment, or was convicted of a felony within 5 years prior to the alleged commission of the charged offense. -Under the existing deferred entry of judgment program, an eligible defendant may have entry of judgment deferred, upon pleading guilty to the offenses charged and entering a drug treatment program for 18 months to 3 years. If the defendant does not perform satisfactorily in the program, does not benefit from the program, is convicted of specified crimes, or engages in criminal activity rendering him or her unsuitable for deferred entry of judgment, the defendant’s guilty plea is entered and the court enters judgment and proceeds to schedule a sentencing hearing. If the defendant completes the program, the criminal charges are dismissed. Existing law allows the presiding judge of the superior court, with the district attorney and public defender, to establish a pretrial diversion drug program. -This bill would make the deferred entry of judgment program a pretrial diversion program. The bill would provide that a defendant qualifies for the pretrial diversion program if he or she has no prior conviction within 5 years prior to the alleged commission of the charged offense for any offense involving controlled substances other than the offense that qualifies him or her for diversion, the charged offense did not involve violence, there is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation that qualifies for the program and the defendant has no prior conviction for a serious or violent felony within 5 years prior to the alleged commission of the charged offense. -Under the pretrial diversion program created by this bill, a qualifying defendant would enter a not guilty plea, and proceedings would be suspended in order for the defendant to enter a drug treatment program for 6 months to one year, or longer if requested by the defendant with good cause. The bill would require the court, if the defendant does not perform satisfactorily in the program or is convicted of specified crimes, to terminate the program and reinstate the criminal proceedings. The bill would require the criminal charges to be dismissed if the defendant completes the program.","An act to amend Sections 1000, 1000.1, 1000.2, 1000.3, 1000.4, 1000.5, and 1000.6 of, and to add Section 1000.7 to, the Penal Code, relating to deferred entry of judgment." -802,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the Equal Pay for Equal Work Act of 2015. -SEC. 2. -(a) The Legislature finds and declares the following: -(1) According to data from the United States Census Bureau, full-time working women, on average, over the last decade, have continued to earn just 77 cents for every dollar a man earns. The wage gap is greater for women of color, with African American women being paid an average of 64 cents for every dollar paid to white, non-Hispanic men in 2013 and Latinas being paid just 56 cents for every dollar paid to white, non-Hispanic men. -(2) This wage disparity amounted to a yearly average wage gap of $10,876 in 2013 between full-time working men and full-time working women. In total, the disparity represents more than $490 billion in lost wages for working women every year. -(3) Disparities in pay for women have numerous negative impacts. This pay differential shortchanges women and their families by thousands of dollars a year and potentially hundreds of thousands of dollars over a lifetime. Nearly 4 in 10 mothers are primary breadwinners in their households, and nearly two-thirds are significant earners, making pay equity critical to the economic security of their families. -(4) Equal pay for equal work is a fundamental precept in our nation and in California. Federal law, including the federal Equal Pay Act of 1963 (Public Law 88-38), Title VII of the Civil Rights Act of 1964 (Public Law 88-352), and Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, specifically prohibits arbitrarily compensating men and women differently for the same work, as does California’s Equal Pay Act. -(5) On August 6, 2014, the United States Department of Labor’s Office of Federal Contract Compliance Programs issued a notice of proposed rulemaking to required covered federal contractors and subcontractors with more than 100 employees to submit an annual equal pay report on employee compensation. In California, state contractors receiving public money are obligated to comply with equal pay laws and should provide the state with aggregate wage data to advance pay equity. -(b) It is the intent of the Legislature in enacting this act to promote pay equity and nondiscrimination in setting pay and making hiring or promotional decisions, and to obtain better data on pay equity to more wholly address the problem. -SEC. 3. -Section 12990 of the Government Code is amended to read: -12990. -(a) Any employer who is, or wishes to become, a contractor with the state for public works or for goods or services is subject to the provisions of this part relating to discrimination in employment and to the nondiscrimination requirements of this section and any rules and regulations that implement it. -(b) (1) (A) (i) Prior to becoming a contractor or subcontractor with the state, an employer with 100 or more employees in the state and a contract of 30 days or more shall submit a nondiscrimination program to the department and shall submit periodic reports, no more than annually, of its compliance with that program. An employer with fewer than 100 employees in the state or a contract of less than 30 days may be required to submit a nondiscrimination program and, if so required, shall comply with the requirements for employers with 100 or more employees in the state. The department may require approval and certification of a nondiscrimination program. The department shall define an employee for the purposes of this paragraph. -(ii) An employee in the construction industry covered by a valid collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime worked, and regular hourly pay of not less than 30 percent of the state minimum wage rate shall be excluded from calculation of the employer’s total number of employees for purposes of this subparagraph. -(B) The changes made to this subdivision made by the act adding this subparagraph shall not be construed to negate an exemption to the requirements of this section in existence on January 1, 2016, created by the department through the exercise of its regulatory authority, or to otherwise require the department to reinterpret the validity of an exemption as a result of these changes. -(2) A nondiscrimination program shall include policies and procedures designed to ensure equal employment opportunities for all applicants and employees, an analysis of employment selection procedures, and a workforce analysis. The workforce analysis shall include the following: -(A) The total number of workers with a specific job category identified by worker race, ethnicity, and sex. -(B) Total wages required to be reported on Internal Revenue Service Form W-2 for all workers in a specific job category identified by worker race, ethnicity, and sex. -(C) The total hours worked on an annual basis for all workers in a specific job category identified by worker race, ethnicity, and sex. Exempt employees shall be presumed to work 40 hours a week for purposes of this reporting requirement. -(c) Every state contract and subcontract for public works or for goods or services shall contain a nondiscrimination clause prohibiting discrimination on the bases enumerated in this part by contractors or subcontractors. The nondiscrimination clause shall contain a provision requiring contractors and subcontractors to give written notice of their obligations under that clause to labor organizations with which they have a collective bargaining or other agreement. These contractual provisions shall be fully and effectively enforced. This subdivision does not apply to a credit card purchase of goods of two thousand five hundred dollars ($2,500) or less. The total amount of exemption authorized herein shall not exceed seven thousand five hundred dollars ($7,500) per year for each company from which a state agency is purchasing goods by credit card. It shall be the responsibility of each state agency to monitor the use of this exemption and adhere to these restrictions on these purchases. -(d) The department shall periodically develop rules and regulations for the application and implementation of this section, and submit them to the council for consideration and adoption in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1. Those rules and regulations shall describe and include, but not be limited to, all of the following: -(1) Procedures for the investigation, approval, certification, decertification, monitoring, and enforcement of nondiscrimination programs. -(2) The size of contracts or subcontracts below which any particular provision of this section shall not apply. -(3) The circumstances, if any, under which a contractor or subcontractor is not subject to this section. -(4) Criteria for determining the appropriate plant, region, division, or other unit of a contractor’s or subcontractor’s operation for which a nondiscrimination program is required. -(5) Procedures for coordinating the nondiscrimination requirements of this section and its implementing rules and regulations with the California Plan for Equal Opportunity in Apprenticeship, with the provisions and implementing regulations of Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, and with comparable federal laws and regulations concerning nondiscrimination, equal employment opportunity, and affirmative action by those who contract with the United States. -(6) The basic principles and standards to guide the department in administering and implementing this section. -(e) Where a contractor or subcontractor is required to prepare an affirmative action, equal employment, or nondiscrimination program subject to review and approval by a federal compliance agency, that program may be filed with the department, instead of any nondiscrimination program regularly required by this section or its implementing rules and regulations. Such a program shall constitute a prima facie demonstration of compliance with this section. Where the department or a federal compliance agency has required the preparation of an affirmative action, equal employment, or nondiscrimination program subject to review and approval by the department or a federal compliance agency, evidence of such a program shall also constitute prima facie compliance with an ordinance or regulation of any city, city and county, or county that requires an employer to submit such a program to a local awarding agency for its approval prior to becoming a contractor or subcontractor with that agency. -(f) Where the department determines and certifies that the provisions of this section or its implementing rules and regulations are violated or determines a contractor or subcontractor is engaging in practices made unlawful under this part, the department may recommend appropriate sanctions to the awarding agency. Any such recommendation shall take into account the severity of the violation or violations and any other penalties, sanctions, or remedies previously imposed.","Existing law subjects an employer who is, or wishes to become, a contractor with the state for public works, or for goods or services, to various nondiscrimination requirements. Existing law authorizes requiring an employer to submit a nondiscrimination program to the Department of Fair Employment and Housing for approval and certification, prior to becoming a contractor or subcontractor with the state, as well as requiring the provision of periodic reports of contractor or subcontractor compliance with that program. -This bill would enact the Equal Pay for Equal Work Act of 2015. The bill would require an employer with 100 or more employees in state, as specified, and a contract of 30 days or more, prior to becoming a contractor or subcontractor with the state, to submit a nondiscrimination program to the Department of Fair Employment and Housing and to submit periodic reports no more than annually of its compliance with that program. The bill would authorize the department to require approval and certification of the program. The bill would permit the department to require an employer with fewer than 100 employees in state or a contract of less than 30 days to submit a nondiscrimination report. The bill would require the department to define an employee for these purposes. The bill would require the nondiscrimination program to include policies and procedures designed to ensure equal employment opportunities for all applicants and employees, an analysis of employment selection procedures, and a workforce analysis, as specified. The bill would specify that its provisions are not to be construed to negate certain exemptions established by regulation that predate its enactment or to require the department to reevaluate the validity of these exemptions, as specified. The bill would make a statement of legislative findings.","An act to amend Section 12990 of the Government Code, relating to discrimination." -803,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 69436 of the Education Code is amended to read: -69436. -(a) A student who was not awarded a Cal Grant A or B award pursuant to Article 2 (commencing with Section 69434) or Article 3 (commencing with Section 69435) at the time of his or her high school graduation but, at the time of transfer from a California community college to a qualifying baccalaureate program, meets all of the criteria set forth in subdivision (b), shall be entitled to a Cal Grant A or B award. -(b) Any California resident transferring from a California community college to a qualifying institution that offers a baccalaureate degree is entitled to receive, and the commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall award, a Cal Grant A or B award depending on the eligibility determined pursuant to subdivision (c), if all of the following criteria are met: -(1) A complete official financial aid application has been submitted or postmarked pursuant to Section 69432.9, no later than the March 2 of the year immediately preceding the award year. -(2) The student demonstrates financial need pursuant to Section 69433. -(3) The student has earned a community college grade point average of at least 2.4 on a 4.0 scale and is eligible to transfer to a qualifying institution that offers a baccalaureate degree. -(4) The student’s household has an income and asset level not exceeding the limits set forth in Section 69432.7. -(5) The student is pursuing a baccalaureate degree that is offered by a qualifying institution. -(6) He or she is enrolled at least part time. -(7) The student meets the general Cal Grant eligibility requirements set forth in Article 1 (commencing with Section 69430). -(8) The student will not be 28 years of age or older by December 31 of the award year. This paragraph does not apply to a current or former member of the Armed Forces of the United States, as defined in Section 66025.8, unless he or she is a former member who received a dishonorable or bad conduct discharge. -(9) The student graduated from a California high school or its equivalent during or after the 2000–01 academic year. -(10) (A) Except as provided for in subparagraph (B), the student attended a California community college in the academic year immediately preceding the academic year for which the award will be used. -(B) A student otherwise eligible to receive an award pursuant to this section, who attended a California community college in the 2011–12 academic year, may use the award for the 2012–13 and 2013–14 academic years. -(c) The amount and type of the award pursuant to this article shall be determined as follows: -(1) For applicants with income and assets at or under the Cal Grant A limits, the award amount shall be the amount established pursuant to Article 2 (commencing with Section 69434). -(2) For applicants with income and assets at or under the Cal Grant B limits, the award amount shall be the amount established pursuant to Article 3 (commencing with Section 69435). -(d) (1) A student meeting the requirements of paragraph (9) of subdivision (b) by means of high school graduation, rather than its equivalent, shall be required to have graduated from a California high school, unless that California resident graduated from a high school outside of California due solely to orders received from a branch of the Armed Forces of the United States, as defined in Section 66025.8, by that student or by that student’s parent or guardian that required that student to be outside of California at the time of high school graduation. -(2) For the purposes of this article, both of the following are exempt from the requirements of subdivision (e) of Section 69433.9 and paragraph (9) of subdivision (b) of this section: -(A) A student for whom a claim under this article was paid prior to December 1, 2005. -(B) A student for whom a claim under this article for the 2004–05 award year or the 2005–06 award year was or is paid on or after December 1, 2005, but no later than October 15, 2006. -(3) (A) The commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall make preliminary awards to all applicants currently eligible for an award under this article. At the time an applicant receives a preliminary award, the commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall require that applicant to affirm, in writing, under penalty of perjury, that he or she meets the requirements set forth in subdivision (e) of Section 69433.9, paragraph (9) of subdivision (b) of this section, and paragraph (1) of this subdivision. The commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall notify each person who receives a preliminary award under this paragraph that his or her award is subject to an audit pursuant to subparagraph (B). -(B) The commission shall select, at random, a minimum of 10 percent of the new and renewal awards made under subparagraph (A), and shall require, prior to the disbursement of Cal Grant funds to the affected postsecondary institution, that the institution verify that the recipient meets the requirements of subdivision (e) of Section 69433.9, paragraph (9) of subdivision (b) of this section, and paragraph (1) of this subdivision. An award that is audited under this paragraph and found to be valid shall not be subject to a subsequent audit. -(C) Pursuant to Section 69517.5, the commission shall seek repayment of any and all funds found to be improperly disbursed under this article. -(D) On or before November 1 of each year, the commission shall submit a report to the Legislature and the Governor including, but not necessarily limited to, both of the following: -(i) The number of awards made under this article in the preceding 12 months. -(ii) The number of new and renewal awards selected, in the preceding 12 months, for verification under subparagraph (B), and the results of that verification with respect to students at the University of California, at the California State University, at independent nonprofit institutions, and at independent for-profit institutions. -(e) An institution shall ensure that it does not accept award funds under both this section and Title 38 of the United States Code in the same award year for a current or former member of the Armed Forces of the United States, as defined in Section 66025.8, who is 28 years of age or older.","Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Cal Grant Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. -Under the California Community College Transfer Cal Grant Entitlement Program, a student who transfers from a California community college to a qualifying institution that offers a baccalaureate degree and who was not awarded a Cal Grant A or B Entitlement award, receives a Cal Grant A or B award if, at the time of the transfer, the student meets specified requirements, among which is a requirement that the student not be 28 years of age or older by December 31 of the award year. -This bill would provide that the requirement that a student not be 28 years or older by December 31 of the award year, as described above, would not apply to a current or former member of the Armed Forces of the United States, as defined, who was seeking a Cal Grant A or B award under this provision, unless he or she is a former member who received a dishonorable or bad conduct discharge. The bill would prohibit a qualifying institution from accepting award funds under the California Community College Transfer Cal Grant Entitlement Program and Title 38 of the United States Code in the same award year for a current or former member of the Armed Forces of the United States who is 28 years of age or older.","An act to amend Section 69436 of the Education Code, relating to student financial aid." -804,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) It is the intent of the Legislature to increase enrollment and graduation rates among students meeting the requirements of Assembly Bill 540 of the 2001–02 Regular Session (Firebaugh, Ch. 814) by requiring the creation of Dream Resource Centers at public institutions of higher education. -(b) It is estimated that each year approximately 65,000 undocumented students graduate from high schools, and while California has been a leader in enacting innovative and bold laws to provide opportunities for undocumented youth to attain higher education, only 20 percent of these students attend college. Many undocumented youth and their families are unaware of recent policy changes, such as the enactment of Assembly Bill 540 of the 2001–02 Regular Session, the California Dream Act of 2011, and the federal Deferred Action for Childhood Arrivals (DACA), that make college graduation more attainable. Currently, the majority of college campuses do not have a centralized location that provides specialized support services and resources for students meeting the requirements of Assembly Bill 540 of the 2001–02 Regular Session. -(c) The creation of Dream Resource Centers would save staff time and resources by streamlining all available financial aid and academic opportunities for students meeting the requirements of Assembly Bill 540 of the 2001–02 Regular Session. These Dream Resource Centers would seek to empower and create a safe and welcoming environment for those students. These centers would increase enrollment, transfer, and graduation rates among this population. -(d) A number of college campuses have acknowledged the needs and challenges of these students and have created Dream Resource Centers. These include: the University of California, Los Angeles; the University of California, Davis; the California State University, Los Angeles; the California State University, Fullerton; and the California State University, Northridge. These centers provide, among other things, informational workshops, legal clinics, information on programs available to undocumented immigrants, and peer mentoring and support services to increase awareness of existing programs and available resources, enhance professional development, and increase employment opportunities. -SEC. 2. -Chapter 3.67 (commencing with Section 44778) is added to Part 25 of Division 3 of Title 2 of the Education Code, to read: -are encouraged to designate a Dream Resource Liaison on each of their campuses, as specified in subdivision (b), to assist students meeting the requirements set forth in Section 68130.5 by streamlining access to all available financial aid and academic opportunities for those students. -(b) (1) Each campus of the California Community Colleges -shall -is encouraged to -ensure that it has a staff person designated as a Dream Resource Liaison who is knowledgeable in available financial aid, services, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus’ extended -opportunities -opportunity -programs and services office or financial aid office. -(2) Each campus of the California State University -shall -is encouraged to -ensure that it has a staff person designated as a Dream Resource Liaison who is knowledgeable in available financial aid, services, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus’ educational -opportunities -opportunity -programs -and services -office or financial aid office. -(3) The University of California is -requested -encouraged -to designate a Dream Resource Liaison on each of its campuses. -(c) Dream Resource Centers may offer support services, including, but not necessarily limited to, state and institutional financial aid assistance, academic counseling, peer support services, psychological counseling, referral services, and legal services. -(d) (1) This section shall not be construed as requiring the construction of a new or separate space for Dream Resource Centers. -(2) Dream Resource Centers may be housed within existing student service or academic centers. -(3) The space in which the Dream Resource Liaison is located may be deemed a Dream Resource Center. -(e) Notwithstanding Section 11005 of the Government Code and any other law requiring approval by a state officer of gifts, bequests, devises, or donations, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the Regents of the University of California may seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in the creation and operation of Dream Resource Centers for their respective systems. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the segments of the public , is exempt from paying nonresident tuition at the California Community Colleges and the California State University. -This bill -would, commencing with the 2017–18 academic year, require -would encourage -the California Community -Colleges and -Colleges, -the California State University, and -would request -the University of -California, -California -to designate a Dream Resource Liaison on each of their campuses, as specified, to assist certain students by streamlining access to all available financial aid and academic opportunities for those students. -The bill would encourage the governing board of each school district and each county office of education that maintains any of grades 9 to 12, inclusive, to have a Dream Resource Liaison at each of their respective campuses that includes any of those grades. -The bill would authorize Dream Resource Centers to offer support services, -including -including, -but not necessarily limited to, state and institutional financial aid assistance, academic counseling, peer support services, psychological counseling, referral services, and legal services. The bill would -require -encourage -each campus of the California Community Colleges and the California State University to ensure that it has a staff person designated as a Dream Resource Liaison who is knowledgeable in available financial aid, services, and academic opportunities for all students meeting specified requirements, including undocumented students. -By requiring community colleges to designate a Dream Resource Liaison, this bill would impose a state-mandated local program. -This bill would authorize the trustees, the board of governors, and the regents to seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in the creation and operation of Dream Resource Centers for their respective systems. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 68130.6 -to -to, and to add Chapter 3.67 (commencing with Section 44778) to Part 25 of Division 3 of Title 2 of, -the Education Code, relating to public postsecondary education." -805,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) While ensuring the quality education of all of California’s -school children -schoolchildren -is a shared responsibility of the general public, it is foremost the duty of individual parents and teachers. -(b) Providing tax relief for citizens who shoulder an extra weight in pursuit of the common good has long been considered sound public policy. -(c) Every school year, kindergarten and grades 1 to 12, inclusive, parents across California pay at their own expense to obtain vital educational resources and services that are essential to those children entrusted to their parents’ care. -(d) State education tax relief can help empower and engage low- and middle-income families in personally caring for their own -school children’s -schoolchildren’s -learning needs, which they know most intimately. -SEC. 2. -Section 17052.5 is added to the Revenue and Taxation Code, to read: -17052.5. -(a) For each taxable year beginning on or after January 1, 2016, and before January 1, 2021, there shall be allowed as a deduction an amount equal to the qualified amount that was paid or incurred for qualified education-related expenses for one or more dependent children by a qualified taxpayer during the taxable year. -(b) For purposes of this section: -(1) “Dependent children” means -one or more -children who -attend -meet all of the following requirements: -(A) Attend -kindergarten or any of grades 1 to 12, inclusive, in California at a public, charter, or private school that has a current private school affidavit on file with the State Department of Education in the taxable -year and who meet -year. -(B) Are deemed a full-time pupil in accordance with the compulsory education requirements of Sections 48200 and 48222 of the Education Code, if applicable. -(C) Are under 21 years of age at the end of the school year. -(D) Meet -the requirements of Section 152(c)(1)(D) and (E) of the Internal Revenue Code. -(E) Are claimed as the dependent children on the original, timely filed return of the qualified taxpayer. -(2) “Qualified amount” means the amount paid or incurred for qualified education-related expenses, not to exceed the amount specified in subdivision (c). -(3) (A) “Qualified education-related expenses” means the kindergarten or any of grades 1 to 12, inclusive, costs of: textbooks and school supplies, including, but not limited to, pens, paper, pencils, notebooks, calculators, and rulers; the rental or purchase of educational equipment required for classes during the regular schoolday; school uniforms that are not part of a cocurricular activity; computers, computer hardware, and educational computer software used to learn academic subjects; fees for college courses at public institutions or independent nonprofit colleges, or for summer school courses that satisfy high school graduation requirements; psychoeducational diagnostic evaluations to assess the cognitive and academic abilities of -pupils; -dependent children; -special education and related services for -pupils -dependent children -who have an individualized education program or its equivalent; out-of-school enrichment programs, tutoring, and summer programs that are academic in nature; and public transportation or third-party transportation expenses for traveling directly to and from school. -(B) “Qualified education-related expenses” shall not include any expenses for the items described in subparagraph (A) that also are used in a trade or business. -(4) “Qualified taxpayer” means a parent or legal guardian of -a full-time pupil who is under 21 years of age at the close of the school year -one or more dependent children -who -meets both -meet all -of the following requirements: -(A) Both the -pupil -dependent children -and the parent or guardian reside in California when the qualified education-related expenses are paid or incurred. -(B) (i) The household income does not exceed 250 percent of the federal Income Eligibility Guidelines published by the Food and Nutrition Service of the United States Department of Agriculture for use in determining eligibility for reduced price meals. -(ii) -Household income -“Household income” -means -adjusted -gross income as defined in Section -61 -62 -of the Internal Revenue Code. -(c) The total deduction allowed under this section to a qualified taxpayer shall not exceed two thousand five hundred dollars ($2,500) in a taxable year. If more than one qualified taxpayer may be allowed this deduction for -a -dependent -child, -children, including a qualified taxpayer filing a joint return, -the sum of all deductions allowed under this section for -that -those -dependent -child -children -shall not exceed two thousand five hundred dollars ($2,500) in a taxable year. -(d) (1) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. -(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. -(e) This section shall remain in effect only until December 1, 2021, and as of that date is repealed. -SEC. 3. -Section 17072 of the Revenue and Taxation Code is amended to read: -17072. -(a) Section 62 of the Internal Revenue Code, relating to adjusted gross income defined, shall apply, except as otherwise provided. -(b) Section 62(a)(2)(D) of the Internal Revenue Code, relating to certain expenses of elementary and secondary school teachers, shall not apply. -(c) Section 62(a)(21) of the Internal Revenue Code, relating to attorneys fees relating to awards to whistleblowers, shall not apply. -(d) Section 62(a) of the Internal Revenue Code is modified to provide that the deduction under Section 17052.5 shall be allowed in determining adjusted gross income. -SEC. 4. -It is the intent of the Legislature to make the findings required by Section 41 of the Revenue and Taxation Code. -SEC. 5. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The Personal Income Tax Law allows various deductions in computing income that is subject to tax under that law. -This bill, for taxable years on or after January 1, 2016, and before January 1, 2021, would allow a deduction from -adjusted -gross income, not to exceed $2,500, for the cost of education-related expenses of the taxpayer’s dependent child or children attending public or private school, as specified. -This bill would take effect immediately as a tax levy.","An act to amend Section 17072 of, and to add and repeal Section 17052.5 of, the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -806,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 5272.2 is added to the Business and Professions Code, to read: -5272.2. -(a) With the exception of Article 4 (commencing with Section 5300) and Sections 5400 to 5404, inclusive, this chapter does not apply to any advertising display located in the geographic area in the City of Los Angeles bounded by Wilshire Boulevard on the northeast, S. Figueroa Street on the southeast, Interstate 10 on the southwest, and State Route 110 on the northwest, or to any advertising display located in the geographic area in the City of Los Angeles on the westerly side of State Route 110 bounded by West 8th Place, James M. Wood Boulevard, and Golden Avenue, if all of the following conditions are met: -(1) The advertising display is authorized by, or in accordance with, an ordinance, including, but not limited to, a specific plan or sign district, adopted by the City of Los Angeles that regulates advertising displays by identifying the specific displays or establishing regulations that include, at a minimum, all of the following: -(A) Number of signs and total signage area allowed. -(B) Maximum individual signage area. -(C) Minimum sign separation. -(D) Illumination restrictions and regulations, including signage refresh rate, scrolling, and brightness. -(E) Illuminated sign hours of operation. -(2) The owner of the advertising display has submitted to the department a copy of the ordinance adopted by the City of Los Angeles authorizing the advertising display and identification of the provisions of the ordinance required under paragraph (1) and the department has certified that the ordinance meets the minimum requirements contained in paragraph (1). -(3) The advertising display will not advertise products, goods, or services related to tobacco, firearms, or sexually explicit material. -(4) (A) Except as otherwise provided in subparagraph (B), there shall be at least 500 feet between any two advertising displays located on the same side of the freeway unless the advertising displays are separated by buildings or other obstructions in a manner that only one of the advertising displays is visible from any given location on the freeway. For purposes of determining compliance with the spacing requirement, the distance between advertising displays shall be measured along the nearest edge of pavement between points directly opposite the advertising displays along each side of the freeway. -(B) The spacing requirement in subparagraph (A) does not apply to an advertising display that advertises only the business conducted, services rendered, or goods produced and sold upon the property upon which the advertising display is located and that, accordingly, is not subject to the requirements of this chapter. -(C) When counting the number of advertising displays and measuring the distance between them 0 1em 0;"">(B) Make a message center display not subject to this section that is under the control of the owner of the advertising display available on a space-available basis for public service messages in a location acceptable to the department and the Department of the California Highway Patrol. -(C) Provide funding to the department for the installation of a message center display to accommodate those public service messages, which may include funding as part of mitigation in connection with the approval of development of the property on which the message center display is located by the City of Los Angeles. -(b) (1) Before the advertising display authorized pursuant to subdivision (a) may be placed, the department shall determine that the display will not cause a reduction in federal aid funds or otherwise be inconsistent with any federal law, regulation, or agreement between the state and a federal agency or department. -(2) If the department is unable to make the determination required pursuant to paragraph (1), the department shall request the Federal Highway Administration (FHWA) of the United States Department of Transportation to make the determination. Upon receipt of a determination by the FHWA that makes the finding described in paragraph (1), the advertising display may be placed. -(c) The City of Los Angeles shall have primary responsibility for ensuring that a display authorized pursuant to subdivision (a) remains in conformance with all provisions of the ordinance and of this section. If the City of Los Angeles fails to ensure that the display remains in conformance with all provisions of the ordinance and of this section after 30 days of receipt of a written notice from the department, the City of Los Angeles shall hold the department harmless and indemnify the department for all costs incurred by the department to ensure compliance with the ordinance and this section or to defend actions challenging the adoption of the ordinance allowing the displays. -SEC. 2. -Due to unique circumstances concerning the locations of the advertising displays, or proposed advertising displays, set forth in this act and the need for advertising in those locations, it is necessary that an exemption from some of the provisions of the Outdoor Advertising Act be provided for those displays, and the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.","The Outdoor Advertising Act provides for the regulation by the Department of Transportation of advertising displays, as defined, within view of public highways. The act exempts from certain of its provisions advertising displays that advertise the business conducted or services rendered or goods produced or sold on the property upon which the display is placed, as specified. -This bill would exempt from those provisions of the act advertising displays located in specific geographic areas in the City of Los Angeles if those displays meet specified conditions and requirements, including the adoption of, and compliance with, an ordinance by the City of Los Angeles. The bill would impose certain conditions if an advertising display authorized by this bill is a message center display. The bill would require the department, before the advertising display may be placed, to determine or to request the Federal Highway Administration to determine that the display will not cause a reduction in federal aid funds or otherwise be inconsistent with any federal law, regulation, or agreement between the state and a federal agency or department. -The bill would make the City of Los Angeles primarily responsible for ensuring that a display remains in compliance with the ordinance and the bill’s requirements, and would require the city to indemnify and hold the department harmless if the city fails to do so. -This bill would also make findings and declarations as to the need for a special statute relating to the City of Los Angeles.","An act to add Section 5272.2 to the Business and Professions Code, relating to outdoor advertising." -807,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2903 of the Business and Professions Code is amended to read: -2903. -(a) No person may engage in the practice of psychology, or represent himself or herself to be a psychologist, without a license granted under this chapter, except as otherwise provided in this chapter. The practice of psychology is defined as rendering or offering to render to individuals, groups, organizations, or the public any psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, such as the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships; and the methods and procedures of interviewing, counseling, psychotherapy, behavior modification, and hypnosis; and of constructing, administering, and interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, and motivations. -(b) The application of these principles and methods includes, but is not restricted to: assessment, diagnosis, prevention, treatment, and intervention to increase effective functioning of individuals, groups, and organizations. -(c) Psychotherapy within the meaning of this chapter means the use of psychological methods in a professional relationship to assist a person or persons to acquire greater human effectiveness or to modify feelings, conditions, attitudes, and behaviors that are emotionally, intellectually, or socially ineffectual or maladaptive. -SEC. 2. -Section 2913 of the Business and Professions Code is amended to read: -2913. -A person other than a licensed psychologist may be employed by a licensed psychologist, by a licensed physician and surgeon who is board certified in psychiatry by the American Board of Psychiatry and Neurology, by a clinic that provides mental health services under contract pursuant to Section 5614 of the Welfare and Institutions Code, by a psychological corporation, by a licensed psychology clinic as defined in Section 1204.1 of the Health and Safety Code, or by a medical corporation to perform limited psychological functions if all of the following apply: -(a) The person is termed a “psychological assistant.” -(b) The person (1) has completed a master’s degree in psychology or education with the field of specialization in psychology or counseling psychology, or (2) has been admitted to candidacy for a doctoral degree in psychology or education with the field of specialization in psychology or counseling psychology, after having satisfactorily completed three or more years of postgraduate education in psychology and having passed preliminary doctoral examinations, or (3) has completed a doctoral degree that qualifies for licensure under Section 2914, in an accredited or approved university, college, or professional school located in the United States or Canada. -(c) The person is at all times under the immediate supervision, as defined in regulations adopted by the board, of a licensed psychologist, or board certified psychiatrist, who shall be responsible for insuring that the extent, kind, and quality of the psychological services he or she performs are consistent with his or her training and experience and be responsible for his or her compliance with this chapter and regulations duly adopted hereunder, including those provisions set forth in Section 2960. -(d) (1) The licensed psychologist, board certified psychiatrist, contract clinic, psychological corporation, or medical corporation, has registered the psychological assistant with the board. The registration shall be renewed annually in accordance with regulations adopted by the board. -(2) No licensed psychologist may register, employ, or supervise more than three psychological assistants at any given time unless specifically authorized to do so by the board. No board certified psychiatrist may register, employ, or supervise more than one psychological assistant at any given time. No contract clinic, psychological corporation, or medical corporation may employ more than 10 assistants at any one time. No contract clinic may register, employ, or provide supervision for more than one psychological assistant for each designated full-time staff psychiatrist who is qualified and supervises the psychological assistants. No psychological assistant may provide psychological services to the public except as an employee of a licensed psychologist, licensed physician, contract clinic, psychological corporation, or medical corporation. -(e) The psychological assistant shall comply with regulations that the board may, from time to time, duly adopt relating to the fulfillment of requirements in continuing education. -(f) No person shall practice as a psychological assistant who is found by the board to be in violation of Section 2960 and the rules and regulations duly adopted pursuant to that section. -SEC. 3. -Section 2914 of the Business and Professions Code is amended to read: -2914. -Each applicant for licensure shall comply with all of the following requirements: -(a) Is not subject to denial of licensure under Division 1.5 (commencing with Section 475). -(b) (1) Possess an earned doctorate degree (A) in psychology, (B) in educational psychology, or (C) in education with the field of specialization in counseling psychology or educational psychology. Except as provided in subdivision (g), this degree or training shall be obtained from an accredited university, college, or professional school. The board shall make the final determination as to whether a degree meets the requirements of this section. -(2) No educational institution shall be denied recognition as an accredited academic institution solely because its program is not accredited by any professional organization of psychologists, and nothing in this chapter or in the administration of this chapter shall require the registration with the board by educational institutions of their departments of psychology or their doctoral programs in psychology. -(3) An applicant for licensure trained in an educational institution outside the United States or Canada shall demonstrate to the satisfaction of the board that he or she possesses a doctorate degree in psychology that is equivalent to a degree earned from a regionally accredited university in the United States or Canada. These applicants shall provide the board with a comprehensive evaluation of the degree performed by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES), and any other documentation the board deems necessary. -(c) (1) Have engaged for at least two years in supervised professional experience under the direction of a licensed psychologist, the specific requirements of which shall be defined by the board in its regulations, or under suitable alternative supervision as determined by the board in regulations duly adopted under this chapter, at least one year of which shall be after being awarded the doctorate in psychology. The supervisor shall submit verification of the experience required by this subdivision to the trainee in a manner prescribed by the board. If the supervising licensed psychologist fails to provide verification to the trainee in a timely manner, the board may establish alternative procedures for obtaining the necessary documentation. Absent good cause, the failure of a supervising licensed psychologist to provide the verification to the board upon request shall constitute unprofessional conduct. -(2) The board shall establish qualifications by regulation for supervising psychologists. -(d) Take and pass the examination required by Section 2941 unless otherwise exempted by the board under this chapter. -(e) Show by evidence satisfactory to the board that he or she has completed training in the detection and treatment of alcohol and other chemical substance dependency. This requirement applies only to applicants who matriculate on or after September 1, 1985. -(f) (1) Show by evidence satisfactory to the board that he or she has completed coursework in spousal or partner abuse assessment, detection, and intervention. This requirement applies to applicants who began graduate training during the period commencing on January 1, 1995, and ending on December 31, 2003. -(2) An applicant who began graduate training on or after January 1, 2004, shall show by evidence satisfactory to the board that he or she has completed a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. An applicant may request an exemption from this requirement if he or she intends to practice in an area that does not include the direct provision of mental health services. -(3) Coursework required under this subdivision may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. This requirement for coursework shall be satisfied by, and the board shall accept in satisfaction of the requirement, a certification from the chief academic officer of the educational institution from which the applicant graduated that the required coursework is included within the institution’s required curriculum for graduation. -(g) An applicant holding a doctoral degree in psychology from an approved institution is deemed to meet the requirements of this section if both of the following are true: -(1) The approved institution offered a doctoral degree in psychology designed to prepare students for a license to practice psychology and was approved by the former Bureau for Private Postsecondary and Vocational Education on or before July 1, 1999. -(2) The approved institution has not, since July 1, 1999, had a new location, as described in Section 94823.5 of the Education Code. -SEC. 4. -Section 1010 of the Evidence Code is amended to read: -1010. -As used in this article, “psychotherapist” means a person who is, or is reasonably believed by the patient to be: -(a) A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of his or her time to the practice of psychiatry. -(b) A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code. -(c) A person licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, when he or she is engaged in applied psychotherapy of a nonmedical nature. -(d) A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state. -(e) A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code. -(f) A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as a marriage and family therapist intern who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code. -(g) A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code. -(h) A person who registered with the Board of Psychology as a registered psychologist and who is under the supervision of a licensed psychologist or board certified psychiatrist. -(i) A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist. -(j) A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor. -(k) A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a master’s degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing. -(l) An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing. -(m) A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code. -(n) A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code. -(o) A person registered as a clinical counselor intern who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.46, inclusive, of the Business and Professions Code. -(p) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology. The law defines the practice of psychology as rendering or offering to render, for a fee, psychological services involving the application of psychological principles and methods, including the diagnosis, prevention, and treatment of psychological problems and emotional and mental disorders. The law prohibits unlicensed persons from practicing psychology, but authorizes unlicensed persons, including psychological assistants who meet certain requirements and do not provide psychological services to the public for a fee, to perform limited psychological functions. The law requires applicants for licensure to, among other things, engage in at least 2 years of supervised professional experience under the direction of a licensed psychologist and authorizes an applicant who obtains this experience in the United States to send verification of the experience directly to the board if the supervising licensed psychologist fails to submit the verification within 30 days of receiving a request from the applicant, as specified. The law requires the board to establish qualifications by regulation for supervising licensed psychologists and to review and approve applicants for the position of supervising psychologist on a case-by-case basis. The law provides that a violation of any of its provisions is a misdemeanor. -This bill would remove the reference to fees for services from the definition of the practice of psychology, thereby expanding that definition. The bill would further modify that definition to specify that the application of psychological principles and methods includes assessment, diagnosis, prevention, treatment, and intervention to increase effective functioning of individuals, groups, and organizations. The bill would revise the above-described authorization for psychological assistants to prohibit services to the public, except as specified, without reference to a fee. The bill would revise that experience verification procedure to require a supervising licensed psychologist to submit verification of the experience to the trainee in a manner prescribed by the board, and would authorize the board to establish alternative procedures for obtaining the necessary documentation if the supervising licensed psychologist fails to provide that verification in a timely manner. The bill would make the failure to provide verification to the board upon request, absent good cause, unprofessional conduct. The bill would eliminate the requirement that the board review and approve applicants for the position of supervising psychologist on a case-by-case basis. The bill would also make technical and conforming changes. By expanding the scope of a crime, this bill would impose a state-mandated local program. -Existing law establishes for a patient of a psychotherapist, whether or not a party to a proceeding, the privilege to refuse to disclose and to prevent another from disclosing a confidential communication between the patient and psychotherapist, as specified, and defines a psychotherapist for these purposes. -This bill would include in the definition of psychotherapist a person who is registered with the Board of Psychology as a registered psychologist and who is under the supervision of a licensed psychologist or a board certified psychiatrist. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 2903, 2913, and 2914 of the Business and Professions Code, and to amend Section 1010 of the Evidence Code, relating to psychologists." -808,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1205 of the Penal Code is amended to read: -1205. -(a) A judgment that the defendant pay a fine, with or without other punishment, may also direct that he or she be imprisoned until the fine is satisfied and may further direct that the imprisonment begin at and continue after the expiration of any imprisonment imposed as a part of the punishment or of any other imprisonment to which the defendant may have been sentenced. The judgment shall specify the term of imprisonment for nonpayment of the fine, which shall not be more than one day for each one hundred twenty five dollars ($125) of the fine, nor exceed the term for which the defendant may be sentenced to imprisonment for the offense of which he or she has been convicted. A defendant held in custody for nonpayment of a fine shall be entitled to credit on the fine for each day he or she is held in custody, at the rate specified in the judgment. When the defendant has been convicted of a misdemeanor, a judgment that the defendant pay a fine may also direct that he or she pay the fine within a limited time or in installments on specified dates, and that in default of payment as stipulated he or she be imprisoned in the discretion of the court either until the defaulted installment is satisfied or until the fine is satisfied in full; but unless the direction is given in the judgment, the fine shall be payable. -(b) Except as otherwise provided in case of fines imposed, as a condition of probation, the defendant shall pay the fine to the clerk of the court, or to the judge if there is no clerk, unless the defendant is taken into custody for nonpayment of the fine, in which event payments made while he or she is in custody shall be made to the officer who holds the defendant in custody, and all amounts paid shall be paid over by the officer to the court that rendered the judgment. The clerk shall report to the court every default in payment of a fine or any part of that fine, or if there is no clerk, the court shall take notice of the default. If time has been given for payment of a fine or it has been made payable in installments, the court shall, upon any default in payment, immediately order the arrest of the defendant and order him or her to show cause why he or she should not be imprisoned until the fine or installment is satisfied in full. If the fine or installment is payable forthwith and it is not paid, the court shall, without further proceedings, immediately commit the defendant to the custody of the proper officer to be held in custody until the fine or installment is satisfied in full. -(c) This section applies to any violation of any of the codes or statutes of this state punishable by a fine or by a fine and imprisonment. -(d) Nothing in this section shall be construed to prohibit the clerk of the court, or the judge if there is no clerk, from turning these accounts over to another county department or a collecting agency for processing and collection. -(e) The defendant shall pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account. The defendant shall pay to the clerk of the court or the collecting agency the fee established for the processing of the accounts receivable that are not to be paid in installments. The fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account, except that the fee shall not exceed thir to any fine, including, but not limited to, base fines, on a proportional basis, that may be imposed, at the rate of not less than one hundred twenty five dollars ($125) per day, or more, in the discretion of the court imposing the sentence. If the total number of days in custody exceeds the number of days of the term of imprisonment to be imposed, the entire term of imprisonment shall be deemed to have been served. In any case where the court has imposed both a prison or jail term of imprisonment and a fine, any days to be credited to the defendant shall first be applied to the term of imprisonment imposed, and thereafter the remaining days, if any, shall be applied to the fine, including, but not limited to, base fines, on a proportional basis. -(b) For the purposes of this section, credit shall be given only where the custody to be credited is attributable to proceedings related to the same conduct for which the defendant has been convicted. Credit shall be given only once for a single period of custody attributable to multiple offenses for which a consecutive sentence is imposed. -(c) For the purposes of this section, “term of imprisonment” includes any period of imprisonment imposed as a condition of probation or otherwise ordered by a court in imposing or suspending the imposition of any sentence, and also includes any term of imprisonment, including any period of imprisonment prior to release on parole and any period of imprisonment and parole, prior to discharge, whether established or fixed by statute, by any court, or by any duly authorized administrative agency. -(d) It is the duty of the court imposing the sentence to determine the date or dates of any admission to, and release from, custody prior to sentencing and the total number of days to be credited pursuant to this section. The total number of days to be credited shall be contained in the abstract of judgment provided for in Section 1213. -(e) It is the duty of any agency to which a person is committed to apply the credit provided for in this section for the period between the date of sentencing and the date the person is delivered to the agency. -(f) If a defendant serves time in a camp, work furlough facility, halfway house, rehabilitation facility, hospital, juvenile detention facility, similar residential facility, or home detention program pursuant to Section 1203.016, 1203.017, or 1203.018, in lieu of imprisonment in a county jail, the time spent in these facilities or programs shall qualify as mandatory time in jail. -(g) Notwithstanding any other provision of this code as it pertains to the sentencing of convicted offenders, this section does not autho","Existing law provides that a judgment that a criminal defendant pay a fine, other than a restitution fine or order, may also direct that he or she be imprisoned until the fine is satisfied. Existing law requires the judgment to specify the term of imprisonment for nonpayment of the fine, and prohibits that term from exceeding one day for each $30 of the fine, or exceeding the term for which the defendant may be sentenced for the offense of which he or she has been convicted. -Existing law also provides that in all felony and misdemeanor convictions, either by plea or by verdict, when the defendant has been in custody, all days of custody of the defendant, as specified, are to be credited upon his or her term of imprisonment, or credited to any fine, on a proportional basis, that may be imposed, at the rate of not less than $30 per day, in the discretion of the court imposing the sentence. -This bill would increase those rates from not less than $30 to not less than $125 per day.","An act to amend Sections 1205 and 2900.5 of the Penal Code, relating to nonpayment of fines." -809,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10003 of the Corporations Code is amended to read: -10003. -The articles of incorporation shall state: -(a) The name of the corporation. -(b) That the officer forming the corporation is duly authorized by the -canons, -rules, regulations, or discipline of the religious denomination, society, or church to take such action. -(c) The county -in this State -where the principal office for the transaction of the business of the corporation is located. -(d) The manner in which any vacancy occurring in the office of the bishop, chief priest, presiding elder, or other presiding officer is required to be filled by the -canons, -rules, regulations, or constitution of the denomination, society, or church. -SEC. 2. -Section 10005 of the Corporations Code is amended to read: -10005. -(a) -The articles -of incorporation -shall be signed and verified by the bishop, chief priest, presiding elder, or other presiding officer forming the corporation and shall be submitted to the Secretary of State for filing in his -or her -office. If they conform to -law he -law, the Secretary of State -shall file them and endorse the date of filing thereon. Upon the filing of the articles -of incorporation -with the Secretary of -State -State, -the corporation sole is formed. -(b) If the Secretary of State determines that the articles of incorporation submitted for filing pursuant to this section do not conform to law and returns it to the person submitting it, the articles of incorporation may be resubmitted accompanied by a written opinion of a member of the State Bar of California submitting the articles, or representing the person submitting it, to the effect that the specific provision of the articles of incorporation objected to by the Secretary of State conforms to law and states the points and authorities upon which the written opinion is based. The Secretary of State shall rely, with respect to any disputed point of law, upon that written opinion in determining whether the articles conform to law. The date of filing in that case shall be the date the Secretary of State receives the articles of incorporation on resubmission. -SEC. 3. -Section 10010 of the Corporations Code is amended to read: -10010. -The chief officer of a corporation sole may at any time amend the articles of incorporation of the corporation -sole -changing its name, the term of its existence, its territorial jurisdiction, or the manner of filling any vacancy in the office thereof, and may by amended articles of incorporation make provision for any act or thing for which provision is authorized in original articles of incorporation of -corporations -corporation -sole. -The chief officer of the corporation -sole -shall sign and verify a statement setting forth the provisions of the amendment and stating that it has been duly authorized by the religious organization governed by the -corporation. -corporation sole, the hierarchical religious organization or entity responsible for forming the corporation sole, or by the hierarchical religious organization or entity responsible for overseeing the corporation sole according to the rules, canons, regulations, or discipline of the religious denomination, society, or church as to which the corporation sole is affiliated. -The amendment shall be submitted to the Secretary of State for -filing in his office. -filing. -If it conforms to -law he -law, the Secretary of State -shall file it and endorse the date of filing thereon. Thereupon the articles are amended in the manner set forth in the statement. -SEC. 4. -Section 10013 of the Corporations Code is amended to read: -10013. -The declaration of dissolution shall set forth all of the following: -(a) The name of the -corporation. -corporation sole. -(b) The reason for its dissolution or winding up. -(c) That dissolution of the corporation -sole -has been duly authorized by the religious organization governed by the corporation -sole. -sole, by the hierarchical religious organization or entity responsible for forming the corporation sole, or by the hierarchical religious organization or entity responsible for overseeing the corporation sole according to the rules, canons, regulations, or discipline of the religious denomination, society, or church as to which the corporation sole is affiliated. -(d) The names and addresses of the persons who are to supervise the winding up of the affairs of the -corporation. -corporation sole. -SEC. 5. -Section 10014 of the Corporations Code is amended to read: -10014. -The declaration -of dissolution -shall be submitted to the Secretary of State for -filing in his office. -filing. -If it conforms to -law he -law, the Secretary of State -shall file it and endorse the date of filing thereon. -Thereupon -Thereupon, -the corporation -sole -shall cease to carry on business, except for the purpose of adjusting and winding up its affairs. -SEC. 6. -Section 10015 of the Corporations Code is amended to read: -10015. -After the debts and obligations of the corporation -sole, including any civil judgments against the corporation sole, -are paid or adequately provided for, any assets remaining shall be transferred to the religious organization governed by the corporation sole, -the trustees on behalf of the corporation sole, the hierarchical religious organization -or -entity responsible for forming the corporation sole, or the hierarchical religious organization or entity responsible for overseeing the corporation sole according -to -trustees in its behalf, -the rules, canons, regulations, -or -discipline of the religious denomination, society, or church to which the corporation sole is affiliated, or otherwise -disposed of as may be decreed by the superior court of the county in which the dissolved corporation -sole -had its principal office upon petition therefor by the Attorney General or any person connected with the organization.","(1) The Nonprofit Corporation Law authorizes a presiding officer of a religious denomination, society, or church to form a corporation sole for the purpose of administering and managing its affairs. The law requires the Secretary of State to file articles of incorporation of a corporation sole, if the articles of incorporation conform to law. -This bill would require the Secretary of State, if he or she determines the articles of incorporation to form a corporation sole did not conform to law, to nonetheless file it if the articles of incorporation are resubmitted with an accompanying written opinion of a member of the State Bar of California that the specific provision of the articles of incorporation objected to by the Secretary of State conform to law and state the points and authorities upon which the written opinion is based. -(2) Subject to conformance with law and filing with the Secretary of State, the Nonprofit Corporation Law authorizes a chief officer of a corporation sole to amend the articles of incorporation if the amendment includes a signed and verified statement setting forth the provisions of the amendment and stating that the amendment has been duly authorized by the religious organization governed by the corporation sole. The law also requires a declaration of dissolution of a corporation sole to include, among other things, a statement that the dissolution of the corporation sole has been duly authorized by the religious organization governed by the corporation sole. -This bill would expand those provisions to also allow those statements to be duly authorized by the hierarchical religious organization or entity responsible for forming the corporation sole, or by the hierarchical religious organization or entity responsible for overseeing the corporation sole according to the rules, canons, regulations, or discipline of the religious denomination, society, or church as to which the corporation sole is affiliated. -(3) The Nonprofit Corporation Law requires any assets of a dissolved corporation sole remaining after satisfying its debts and obligations to be transferred to the religious organization governed by the corporation sole, or to trustees on its behalf, or disposed of as may be decreed by the superior court of the county in which the dissolved corporation sole had its principal office. -This bill would additionally authorize those assets to be transferred to the trustees on behalf of the corporation sole, the hierarchical religious organization or entity responsible for forming the corporation sole, or the hierarchical religious organization or entity responsible for overseeing the corporation sole according to the rules, canons, regulations, or discipline of the religious denomination, society, or church to which the corporation sole is affiliated. -(4) This bill would also make various conforming and nonsubstantive changes.","An act to amend Sections 10003, 10005, 10010, 10013, 10014, and 10015 of the Corporations Code, relating to corporations." -810,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 368 of the Penal Code is amended to read: -368. -(a) The Legislature finds and declares that -crimes against -elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf. -(b) (1) -Any -A -person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits -any -an -elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of -any -an -elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years. -(2) If -, -in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in the state prison as follows: -(A) Three years if the victim is under 70 years of age. -(B) Five years if the victim is 70 years of age or older. -(3) If -, -in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows: -(A) Five years if the victim is under 70 years of age. -(B) Seven years if the victim is 70 years of age or older. -(c) -Any -A -person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits -any -an -elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or -, -having the care or custody of -any -an -elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. -(d) -Any -A -person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows: -(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). -(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). -(e) -Any -A -caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows: -(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). -(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). -(f) -Any -A -person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. -(g) As used in this section, “elder” means -any -a -person who is 65 years of age or older. -(h) As used in this section, “dependent adult” means -any -a -person who is between -the ages of -18 and 64 -years of age -, who has physical or mental limitations -which -that -restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes any person between -the ages of -18 and 64 -years of age -who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. -(i) As used in this section, “caretaker” means -any -a -person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult. -(j) Nothing in this section shall preclude prosecution under both this section and Section 187 or 12022.7 or any other -provision of -law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for -any -a -single offense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for -any -a -single offense. -(k) In any case in which a person is convicted of violating these provisions, the court may require him or her to receive appropriate counseling as a condition of probation. -Any -A -defendant ordered to be placed in a counseling program shall be responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay.","Existing law makes it a crime for a person who knows or reasonably should know that a person is an elder or dependent adult to willfully cause or permit the person or health of the elder or dependent adult to be injured, or willfully cause or permit the elder or dependent adult to be placed in a situation in which his or her person or health is endangered. Existing law specifies penalties for a person who violates any provision of law proscribing theft, embezzlement, forgery, fraud, or specified identify theft provisions of law when the victim is an elder or a dependent adult. -This bill would make technical, nonsubstantive changes to these provisions.","An act to amend Section 368 of the Penal Code, relating to crimes." -811,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12940 of the Government Code is amended to read: -12940. -It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: -(a) For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment. -(1) This part does not prohibit an employer from refusing to hire or discharging an employee with a physical or mental disability, or subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee with a physical or mental disability, where the employee, because of his or her physical or mental disability, is unable to perform his or her essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger his or her health or safety or the health or safety of others even with reasonable accommodations. -(2) This part does not prohibit an employer from refusing to hire or discharging an employee who, because of the employee’s medical condition, is unable to perform his or her essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employee’s health or safety or the health or safety of others even with reasonable accommodations. Nothing in this part shall subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee who, because of the employee’s medical condition, is unable to perform his or her essential duties, or cannot perform those duties in a manner that would not endanger the employee’s health or safety or the health or safety of others even with reasonable accommodations. -(3) Nothing in this part relating to discrimination on account of marital status shall do either of the following: -(A) Affect the right of an employer to reasonably regulate, for reasons of supervision, safety, security, or morale, the working of spouses in the same department, division, or facility, consistent with the rules and regulations adopted by the commission. -(B) Prohibit bona fide health plans from providing additional or greater benefits to employees with dependents than to those employees without or with fewer dependents. -(4) Nothing in this part relating to discrimination shall affect the right of an employer to use veteran status as a factor in hiring decisions if the employer maintains a veterans’ preference employment policy established in accordance with Article 3 (commencing with Section 12958). -A veterans’ preference employment policy shall not be established or applied for the purpose of discriminating against an employment applicant on the basis of any protected classification in this subdivision. -(5) (A) This part does not prohibit an employer from refusing to employ an individual because of his or her age if the law compels or provides for that refusal. Promotions within the existing staff, hiring or promotion on the basis of experience and training, rehiring on the basis of seniority and prior service with the employer, or hiring under an established recruiting program from high schools, colleges, universities, or trade schools do not, in and of themselves, constitute unlawful employment practices. -(B) The provisions of this part relating to discrimination on the basis of age do not prohibit an employer from providing health benefits or health care reimbursement plans to retired persons that are altered, reduced, or eliminated when the person becomes eligible for Medicare health benefits. This subparagraph applies to all retiree health benefit plans and contractual provisions or practices concerning retiree health benefits and health care reimbursement plans in effect on or after January 1, 2011. -(b) For a labor organization, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to exclude, expel, or restrict from its membership the person, or to provide only second-class or segregated membership or to discriminate against any person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of the person in the election of officers of the labor organization or in the selection of the labor organization’s staff or to discriminate in any way against any of its members, any employer, or any person employed by an employer. -(c) For any person to discriminate against any person in the selection, termination, training, or other terms or treatment of that person in any apprenticeship training program, any other training program leading to employment, an unpaid internship, or another limited duration program to provide unpaid work experience for that person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of the person discriminated against. -(d) For any employer or employment agency to print or circulate or cause to be printed or circulated any publication, or to make any nonjob-related inquiry of an employee or applicant, either verbal or through use of an application form, that expresses, directly or indirectly, any limitation, specification, or discrimination as to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, or any intent to make any such limitation, specification, or discrimination. This part does not prohibit an employer or employment agency from inquiring into the age of an applicant or from specifying age limitations, where the law compels or provides for that action. -(e) (1) Except as provided in paragraph (2) or (3), for any employer or employment agency to require any medical or psychological examination of an applicant, to make any medical or psychological inquiry of an applicant, to make any inquiry whether an applicant has a mental disability, physical disability, or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition. -(2) Notwithstanding paragraph (1), an employer or employment agency may inquire into the ability of an applicant to perform job-related functions and may respond to an applicant’s request for reasonable accommodation. -(3) Notwithstanding paragraph (1), an employer or employment agency may require a medical or psychological examination or make a medical or psychological inquiry of a job applicant after an employment offer has been made but prior to the commencement of employment duties, provided that the examination or inquiry is job related and consistent with business necessity and that all entering employees in the same job classification are subject to the same examination or inquiry. -(f) (1) Except as provided in paragraph (2), for any employer or employment agency to require any medical or psychological examination of an employee, to make any medical or psychological inquiry of an employee, to make any inquiry whether an employee has a mental disability, physical disability, or medical condition, or to make any inquiry regarding the nature or severity of a physical disability, mental disability, or medical condition. -(2) Notwithstanding paragraph (1), an employer or employment agency may require any examinations or inquiries that the employer or employment agency can show to be job related and consistent with business necessity. An employer or employment agency may conduct voluntary medical examinations, including voluntary medical histories that are part of an employee health program available to employees at that worksite. -(g) For any employer, labor organization, or employment agency to harass, discharge, expel, or otherwise discriminate against any person because the person has made a report pursuant to Section 11161.8 of the Penal Code, which prohibits retaliation against hospital employees who report suspected patient abuse by health facilities or community care facilities. -(h) For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part. -(i) For any person to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this part, or to attempt to do so. -(j) (1) For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, or any other person, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract. Harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. An employer may also be responsible for the acts of nonemployees, with respect to sexual harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, where the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employer’s control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment. -(2) This subdivision is declaratory of existing law, except for the new duties imposed on employers with regard to harassment. -(3) An employee of an entity subject to this subdivision is personally liable for any harassment prohibited by this section that is perpetrated by the employee, regardless of whether the employer or covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective action. -(4) (A) For purposes of this subdivision only, “employer” means any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities. The definition of “employer” in subdivision (d) of Section 12926 applies to all provisions of this section other than this subdivision. -(B) Notwithstanding subparagraph (A), for purposes of this subdivision, “employer” does not include a religious association or corporation not organized for private profit, except as provided in Section 12926.2. -(C) For purposes of this subdivision, “harassment” because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Sexually harassing conduct need not be motivated by sexual desire. -(5) For purposes of this subdivision, “a person providing services pursuant to a contract” means a person who meets all of the following criteria: -(A) The person has the right to control the performance of the contract for services and discretion as to the manner of performance. -(B) The person is customarily engaged in an independently established business. -(C) The person has control over the time and place the work is performed, supplies the tools and instruments used in the work, and performs work that requires a particular skill not ordinarily used in the course of the employer’s work. -(k) For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring. -(l) (1) For an employer or other entity covered by this part to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment or to bar or to discharge a person from employment or from a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of a conflict between the person’s religious belief or observance and any employment requirement, unless the employer or other entity covered by this part demonstrates that it has explored any available reasonable alternative means of accommodating the religious belief or observance, including the possibilities of excusing the person from those duties that conflict with his or her religious belief or observance or permitting those duties to be performed at another time or by another person, but is unable to reasonably accommodate the religious belief or observance without undue hardship, as defined in subdivision (u) of Section 12926, on the conduct of the business of the employer or other entity covered by this part. Religious belief or observance, as used in this section, includes, but is not limited to, observance of a Sabbath or other religious holy day or days, reasonable time necessary for travel prior and subsequent to a religious observance, and religious dress practice and religious grooming practice as described in subdivision (q) of Section 12926. This subdivision shall also apply to an apprenticeship training program, an unpaid internship, and any other program to provide unpaid experience for a person in the workplace or industry. -(2) An accommodation of an individual’s religious dress practice or religious grooming practice is not reasonable if the accommodation requires segregation of the individual from other employees or the public. -(3) An accommodation is not required under this subdivision if it would result in a violation of this part or any other law prohibiting discrimination or protecting civil rights, including subdivision (b) of Section 51 of the Civil Code and Section 11135 of this code. -(4) For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted. -(m) (1) For an employer or other entity covered by this part to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee. Nothing in this subdivision or in paragraph (1) or (2) of subdivision (a) shall be construed to require an accommodation that is demonstrated by the employer or other covered entity to produce undue hardship, as defined in subdivision (u) of Section 12926, to its operation. -(2) For an employer or other entity covered by this part to, in addition to the employee protections provided pursuant to subdivision (h), retaliate or otherwise discriminate against a person for requesting accommodation under this subdivision, regardless of whether the request was granted. -(n) For an employer or other entity covered by this part to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition. -(o) For an employer or other entity covered by this part, to subject, directly or indirectly, any employee, applicant, or other person to a test for the presence of a genetic characteristic. -(p) Nothing in this section shall be interpreted as preventing the ability of employers to identify members of the military or veterans for purposes of awarding a veteran’s preference as permitted by law. -SEC. 2. -Article 3 (commencing with Section 12958) is added to Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government Code, to read: -Article 3. Voluntary Veterans’ Preference Employment Policies -12958. -This article shall be known, and may be cited, as the “Voluntary Veterans’ Preference Employment Policy Act.” -12958.1. -As used in this article: -(a) “DD 214” means United States Department of Defense Form 214 or a similarly effective form issued by that department relating to separation from military service. -(b) “Private employer” means a business entity in the private sector of this state with one or more employees. -(c) “Veteran” means a person who served on active duty in the Armed Forces of the United States who was discharged or released with an honorable discharge. -(d) “Veterans’ preference employment policy” means a private employer’s voluntary preference for hiring or retaining a veteran over another qualified applicant or employee. -12958.2. -(a) Notwithstanding any other law, a private employer may establish and maintain a written veterans’ preference employment policy, which shall be applied uniformly to hiring decisions. -(b) An employer with a veterans’ preference employment policy may require that a veteran submit a DD 214 to be eligible for the preference. -(c) The granting of a veterans’ preference pursuant to this article, in and of itself, shall be deemed not to violate any local or state equal employment opportunity law or regulation, including, but not limited to, this chapter. -(d) The Department of Veterans Affairs shall assist any private employer in determining if an applicant is a veteran to the extent permitted by law. -(e) Nothing in this section shall be construed to authorize the establishment or use of a veterans’ preference employment policy for the purpose of discriminating against -the -an -employment applicant on the basis of any protected classification in subdivision (a) of Section 12940.","Under the California Fair Employment and Housing Act, it is an unlawful employment practice for an employer, unless based upon a bona fide occupational qualification or applicable security regulations established by the United States or the State of California, to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment, or to bar or discharge a person from employment or a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of that person. The California Fair Employment and Housing Act provides that nothing in that act relating to discrimination on account of sex affects the right of an employer to use veteran status as a factor in employee selection or to give special consideration to Vietnam-era veterans. -This bill would enact the Voluntary Veterans’ Preference Employment Policy Act to authorize a private employer to establish and maintain a written veterans’ preference employment policy, to be applied uniformly to hiring decisions, to give a voluntary preference for hiring or retaining a veteran over another qualified applicant or employee. The bill would provide that the granting of a veterans’ preference pursuant to the bill, in and of itself, shall be deemed not to violate any local or state equal employment opportunity law or regulation, including, but not limited to, the antidiscrimination provisions of the California Fair Employment and Housing Act. The bill would revise the existing veteran status provision in the California Fair Employment and Housing Act to remove references to discrimination on account of sex and to Vietnam-era veterans, and would, instead, provide that nothing in that act relating to discrimination affects the right of an employer to use veteran status as a factor in hiring decisions if the employer maintains a veterans’ preference employment policy established in accordance with the Voluntary Veterans’ Preference Employment Policy Act. -The bill would prohibit a veterans’ preference employment policy from being established or applied for the purpose of discriminating against an employment applicant on the basis of a protected classification, as specified.","An act to amend Section 12940 of, and to add Article 3 (commencing with Section 12958) to Chapter 6 of Part 2.8 of Division 3 of Title 2 of, the Government Code, relating to employment." -812,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 51210 of the Education Code is amended to read: -51210. -(a) The adopted course of study for grades 1 to 6, inclusive, shall include instruction, beginning in grade 1 and continuing through grade 6, in the following areas of study: -(1) English, including knowledge of, and appreciation for literature and the language, as well as the skills of speaking, reading, listening, spelling, handwriting, and composition. -(2) Mathematics, including concepts, operational skills, and problem solving. -(3) Social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils. Instruction shall provide a foundation for understanding the history, resources, development, and government of California and the United States of America; the development of the American economic system, including the role of the entrepreneur and labor; the relations of persons to their human and natural environment; eastern and western cultures and civilizations; contemporary issues; and the wise use of natural resources. -(4) Science, including the biological and physical aspects, with emphasis on the processes of experimental inquiry and on the place of humans in ecological systems. -(5) Visual and performing arts, including instruction in the subjects of dance, music, theatre, and visual arts, aimed at the development of aesthetic appreciation and the skills of creative expression. -(6) Health, including instruction in the principles and practices of individual, family, and community health. -(7) Physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period. -(8) Other studies that may be prescribed by the governing board. -(b) (1) A complaint that a school district or county superintendent of schools has not complied with the instructional minute requirements of paragraph (7) of subdivision (a) may be filed with a school district or county superintendent of schools pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. -(2) A complainant not satisfied with the decision of a school district or county superintendent of schools may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written appeal decision within 60 days of the department’s receipt of the appeal. -(3) If a school district or county superintendent of schools finds merit in a complaint, or the Superintendent finds merit in an appeal, the school district or county superintendent of schools shall provide a remedy to all affected pupils, parents, and guardians. -(c) The Legislature finds and declares that neither the original provisions of this section, nor any subsequent amendments to it, were intended to create a private right of action. However, nothing in this subdivision shall restrict or expand the existing right of any party to seek relief from noncompliance with this section pursuant to a writ of mandate. -SEC. 2. -Section 51223 of the Education Code is amended to read: -51223. -(a) Notwithstanding Sections 51210 and 51222, instruction in physical education in an elementary school maintaining any of grades 1 to 8, inclusive, shall be for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period. -(b) (1) A complaint that a school district or county superintendent of schools has not complied with the instructional minute requirements of subdivision (a) may be filed with a school district or county superintendent of schools pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. -(2) A complainant not satisfied with the decision of a school district or county superintendent of schools may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written appeal decision within 60 days of the department’s receipt of the appeal. -(3) If a school district or county superintendent of schools finds merit in a complaint, or the Superintendent finds merit in an appeal, the school district or county superintendent of schools shall provide a remedy to all affected pupils, parents, and guardians. -(c) The Legislature finds and declares that neither the original provisions of this section, nor any subsequent amendments to it, were intended to create a private right of action. However, nothing in this subdivision shall restrict or expand the existing right of any party to seek relief from noncompliance with this section pursuant to a writ of mandate. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to protect California public schools from unnecessary lawsuits that take funds away from our classrooms, it is necessary for this bill to take effect immediately.","Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include instruction in specified areas of study, including physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period. Notwithstanding that provision, existing law provides that instruction in physical education in an elementary school maintaining any of grades 1 to 8, inclusive, shall be for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period. -This bill would authorize a complaint that a school district or county superintendent of schools has not complied with the instructional minute requirements of the physical education adopted course of study for pupils in those grades to be filed with the school district or county superintendent of schools pursuant to the Uniform Complaint Procedures, as specified. To the extent this bill would impose additional duties on school district or county office of education officials, the bill would impose a state-mandated local program. -The bill also would state the Legislature’s finding and declaration that the provisions prescribing the requirements for the adopted course of study for grades 1 to 6, inclusive, and for instructional time for physical education in an elementary school maintaining any of grades 1 to 8, inclusive, were not intended to create a private right of action, but would provide that nothing in those provisions is to restrict or expand the existing right of any party to seek relief from noncompliance with them pursuant to a writ of mandate. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 51210 and 51223 of the Education Code, relating to pupil instruction, and declaring the urgency thereof, to take effect immediately." -813,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 44520 of the Health and Safety Code is amended to read: -44520. -(a) The authority shall, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, adopt all necessary rules and regulations to carry out its powers and duties under this division. The authority may call upon any board or department of the state government for aid and assistance in the preparation of plans and specifications and in the development of technology necessary to effectively control pollution. -(b) Notwithstanding subdivision (a), the authority, or any other agency implementing a loan program or -small business or -brownfield site financing assistance program pursuant to an interagency agreement with the authority, may adopt regulations relating to the loans or -small business or -brownfield site financing as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall be repealed 180 days after their effective date, unless the adopting authority or agency complies with that Chapter 3.5. -SEC. 2. -Section 44525 of the Health and Safety Code is amended to read: -44525. -The authority may charge reasonable application and project fees to reimburse the authority for costs incurred in administering applications for financing pursuant to this division and to support authority programs, including, but not limited to, the Capital Access Loan Program authorized by Article 8 (commencing with Section 44559), and grants and loans as authorized by subdivision (h) of Section 44526. -SEC. 3. -Section 44525.7 of the Health and Safety Code, as added by Section 7 of Chapter 915 of the Statutes of 2000, is repealed. -SEC. 4. -Section 44525.7 is added to the Health and Safety Code, to read: -44525.7. -Notwithstanding Section 10231.5 of the Government Code, commencing in 2016 and annually thereafter, the authority shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, regarding alternative financing programs -administrated under -administered pursuant to -subdivision (a) of Section 44526. -SEC. 5. -Section 44526 of the Health and Safety Code is amended to read: -44526. -The authority may do any of the following: -(a) Determine the location and character of any project to be financed under the provisions of this division, lend financial assistance, including grants, loans, credit enhancements, and other incentives designed to leverage private capital, to any participating party, construct, reconstruct, renovate, replace, lease, as lessor or lessee, and regulate the same, and enter into contracts for the sale of any pollution control facilities, including installment sales or sales under conditional sales contracts, and make loans to participating parties to lend financial assistance in the acquisition, construction, or installation of a project. -(b) Issue bonds, notes, bond anticipation notes, and other obligations of the authority for any of its corporate purposes, and fund or refund the same, all as provided in this division. -(c) Fix fees and charges for pollution control facilities, or for the loan of moneys to finance pollution control facilities, and to revise from time to time those fees and charges, and collect rates, rents, fees, loan repayments, and charges for the use of and for any facilities or services furnished, or to be furnished, by a project or any part of a project and contract with any person, partnership, association, corporation, or public agency with respect to these matters, and to fix the terms and conditions upon which any pollution control facilities may be sold or disposed of, whether upon installment sales contracts or otherwise. -(d) Employ and fix the compensation of bond counsel, financial consultants, and advisers as may be necessary in its judgment in connection with the issuance and sale of any bonds, notes, bond anticipation notes, or other obligations of the authority; contract for engineering, architectural, accounting, or other services of appropriate agencies as may be necessary in the judgment of the authority for the successful development of any project; and pay the reasonable costs of consulting engineers, architects, accountants, and construction experts employed by any participating party if, in the judgment of the authority, those services are necessary to the successful development of any project, and those services are not obtainable from any public agency. -(e) Receive and accept loans, contributions, or -grants, -grants -of -money, -moneys, -property, labor, or other things of -value, -value -for, or in aid of, the authority in carrying out the purposes of this division, from any source, including, but not limited to, the federal government, the state, or any agency of the state, any local government or agency thereof, or any nonprofit or for-profit private entity or individual. -(f) Apply for, and accept, subventions, grants, loans, advances, and contributions from any -source, -sources -of -money, -moneys, -property, labor, or other things of value. The sources may include, but are not limited to, bond proceeds, dedicated taxes, state appropriations, federal appropriations, federal grant and loan funds, public and private sector retirement system funds, and proceeds of loans from the Pooled Money Investment Account. -(g) [Reserved] -(h) (1) Provide a loan directly, or indirectly through one or more public or private sector intermediaries, to any city, county, school district, redevelopment agency, financial institution, as defined in subdivision (d) of Section 44559.1, for-profit or not-for-profit organization, or participating party, as defined in Section 44506, to assist in financing, among other things, the costs of performing or obtaining brownfield site assessments, remedial action plans and reports, technical assistance, the cleanup, remediation, or development of brownfield sites, or any other similar or related costs, subject to all applicable federal, state, and local laws, procedures, and regulations. -(2) The authority shall establish standards and criteria to ensure that a recipient of direct or indirect financing for cleanup or remediation pursuant to this subdivision has the necessary financial resources and expertise to successfully and appropriately complete the cleanup or remediation of the property. -(3) The authority may pay all, or a portion, of the associated program development and implementation costs of any public or private sector intermediaries through which a loan is made. A loan authorized by this subdivision is subject to both of the following: -(A) A loan may be used in connection with a brownfield site prior to a determination of whether the site has a reasonable potential for economically beneficial reuse. -(B) A loan may be made upon the terms determined by the authority and may provide for any rate of interest or no interest. -(4) The authority shall fund a loan made pursuant to this subdivision from any funds available to it, from any funds set aside for the authority’s administrative expenses, or from any small business assistance fund established for these purposes pursuant to Section 44548. -(5) The authority may waive repayment of all, or a portion, of any loan made pursuant to this subdivision upon conditions to be determined by the authority, and the amount so waived shall be deemed a grant to the recipient. -(i) Do all things generally necessary or convenient to carry out the purposes of this division. -SEC. 6. -Section 44559.3 of the Health and Safety Code is amended to read: -44559.3. -(a) The authority shall establish a loss reserve account for each financial institution with which the authority makes a contract. -(b) The loss reserve account for a financial institution shall consist of moneys paid as fees by borrowers and the financial institution, moneys transferred to the account from a small business assistance fund, any matching federal moneys, and any other moneys provided by the authority or other source. -(c) Notwithstanding any other law, the authority may establish and maintain loss reserve accounts with any financial institution under any policies the authority may adopt, including the policies of other funding sources, pursuant to subdivision (b) of Section 44559.11. -(d) All moneys in a loss reserve account established pursuant to this article are the exclusive property of, and solely controlled by, the authority. Interest or income earned on moneys credited to the loss reserve account shall be deemed to be part of the loss reserve account. The authority may withdraw from the loss reserve account all, or a portion of, the interest or other income that has been credited to the loss reserve account. Any withdrawal made pursuant to this subdivision may be made prior to paying any claim and shall be used for the sole purpose of offsetting costs associated with carrying out the program, including administrative costs and loss reserve account contributions. -(e) The combined amount to be deposited by the participating financial institution into any individual loss reserve account over a three-year period, in connection with any single borrower or any group of borrowers among which a common enterprise exists, shall be not more than one hundred thousand dollars ($100,000). -SEC. 7. -Section 44559.6 of the Health and Safety Code is amended to read: -44559.6. -(a) Notwithstanding Section 10231.5 of the Government Code, the authority shall annually prepare a report to the Governor and the Legislature that describes the financial condition and programmatic results of the capital access loan programs authorized under this article. Programmatic results shall include, but not be limited to, the total number of business, entities, and individuals served, jobs created, jobs retained, the geographic distribution of the loans, and the breakdown of businesses served by industry sector for all new loans issued since the report for the prior year. -(b) The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. -SEC. 8. -Section 44559.11 of the Health and Safety Code is amended to read: -44559.11. -(a) It is the intent of the Legislature to ensure that the state, through the authority, may make maximum, efficient use of capital access programs enacted by all federal and state agencies, as well as funding available from any governmental program whose goals may be advanced by providing funding to the Capital Access Loan Program. -(b) In furtherance of this intent, and notwithstanding any other provision of this article, when the contributions required pursuant to Section 44559.4 are entirely funded by a source that is a public or quasi-public entity other than the authority, the authority may, by regulation adopted pursuant to subdivision (b) of Section 44520, establish alternate provisions as necessary to enable the authority to participate in the alternative funding source program, including implementing loan loss reserve programs to benefit any person, company, corporation, public agency, partnership, or firm engaged in activities in furtherance of the public or quasi-public entity’s policy objectives in the state that require financing.","The California Pollution Control Financing Authority Act establishes the California Pollution Control Financing Authority, with specified powers and duties, and authorizes the authority to approve financing for projects or pollution control facilities to prevent or reduce environmental pollution. -This bill would authorize the authority to lend financial assistance, including, but not limited to, grants, loans, credit enhancements, and other incentives. The bill also would authorize the authority to establish alternate provisions as necessary to enable the authority to participate in an alternative funding source program, including, but not limited to, implementing loan loss reserve programs to benefit any person, company, corporation, public agency, partnership, or firm engaged in activities in the state that require financing, and to adopt the policies of those alternative funding sources. The bill also would make conforming changes.","An act to amend Sections 44520, 44525, 44526, 44559.3, 44559.6, and 44559.11 of, and to repeal and add Section 44525.7 of, the Health and Safety Code, relating to the California Pollution Control Financing Authority." -814,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 186.9 of the Penal Code is amended to read: -186.9. -As used in this chapter: -(a) “Conducts” includes, but is not limited to, initiating, concluding, or participating in conducting, initiating, or concluding a transaction. -(b) “Financial institution” means, when located or doing business in this state, any national bank or banking association, state bank or banking association, commercial bank or trust company organized under the laws of the United States or any state, any private bank, industrial savings bank, savings bank or thrift institution, savings and loan association, or building and loan association organized under the laws of the United States or any state, any insured institution as defined in Section 401 of the National Housing Act (former 12 U.S.C. Sec. 1724(a)), any credit union organized under the laws of the United States or any state, any national banking association or corporation acting under Chapter 6 (commencing with Section 601) of Title 12 of the United States Code, any agency, agent or branch of a foreign bank, any currency dealer or exchange, any person or business engaged primarily in the cashing of checks, any person or business who regularly engages in the issuing, selling, or redeeming of traveler’s checks, money orders, or similar instruments, any broker or dealer in securities registered or required to be registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 or with the Commissioner of Corporations under Part 3 (commencing with Section 25200) of Division 1 of Title 4 of the Corporations Code, any licensed transmitter of funds or other person or business regularly engaged in transmitting funds to a foreign nation for others, any investment banker or investment company, any insurer, any dealer in gold, silver, or platinum bullion or coins, diamonds, emeralds, rubies, or sapphires, any pawnbroker, any telegraph company, any person or business regularly engaged in the delivery, transmittal, or holding of mail or packages, any person or business that conducts a transaction involving the transfer of title to any real property, vehicle, vessel, or aircraft, any personal property broker, any person or business acting as a real property securities dealer within the meaning of Section 10237 of the Business and Professions Code, whether licensed to do so or not, any person or business acting within the meaning and scope of subdivisions (d) and (e) of Section 10131 and Section 10131.1 of the Business and Professions Code, whether licensed to do so or not, any person or business regularly engaged in gaming within the meaning and scope of Section 330, any person or business regularly engaged in pool selling or bookmaking within the meaning and scope of Section 337a, any person or business regularly engaged in horse racing whether licensed to do so or not under the Business and Professions Code, any person or business engaged in the operation of a gambling ship within the meaning and scope of Section 11317, any person or business engaged in controlled gambling within the meaning and scope of subdivision (f) of Section 19805 of the Business and Professions Code, whether registered to do so or not, and any person or business defined as a “bank,” “financial agency,” or “financial institution” by Section 5312 of Title 31 of the United States Code or Section 1010.100 of Title 31 of the Code of Federal Regulations and any successor provisions thereto. -(c) “Transaction” includes the deposit, withdrawal, transfer, bailment, loan, pledge, payment, or exchange of currency, or a monetary instrument, as defined by subdivision (d), or the electronic, wire, magnetic, or manual transfer of funds between accounts by, through, or to, a financial institution as defined by subdivision (b). -(d) “Monetary instrument” means United States currency and coin; the currency, coin, and foreign bank drafts of any foreign country; payment warrants issued by the United States, this state, or any city, county, or city and county of this state or any other political subdivision thereof; any bank check, cashier’s check, traveler’s check, or money order; any personal check, stock, investment security, or negotiable instrument in bearer form or otherwise in a form in which title thereto passes upon delivery; gold, silver, or platinum bullion or coins; and diamonds, emeralds, rubies, or sapphires. Except for foreign bank drafts and federal, state, county, or city warrants, “monetary instrument” does not include personal checks made payable to the order of a named party which have not been endorsed or which bear restrictive endorsements, and also does not include personal checks which have been endorsed by the named party and deposited by the named party into the named party’s account with a financial institution. -(e) “Criminal activity” means a criminal offense punishable under the laws of this state by death, imprisonment in the state prison, or imprisonment pursuant to subdivision (h) of Section 1170 or a criminal offense committed in another jurisdiction punishable under the laws of that jurisdiction by death or imprisonment for a term exceeding one year. “Criminal activity” also means a criminal offense specified in Section -320, -321, 322, 323, 326, 330a, 330b, 330c, -or 330.1. -330.1, or 330.4. This subdivision does not apply to any controlled game within the scope of Section 19943.5 of the Business and Professions Code that is approved by the Department of Justice. -(f) “Foreign bank draft” means a bank draft or check issued or made out by a foreign bank, savings and loan, casa de cambio, credit union, currency dealer or exchanger, check cashing business, money transmitter, insurance company, investment or private bank, or any other foreign financial institution that provides similar financial services, on an account in the name of the foreign bank or foreign financial institution held at a bank or other financial institution located in the United States or a territory of the United States. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law makes it a felony or a misdemeanor to engage in money laundering, defined as conducting a transaction involving a monetary instrument of specified value through a financial institution with the specific intent to promote or facilitate criminal activity. Existing law defines criminal activity for these purposes as any criminal offense punishable as a felony. -This bill would expand the definition of criminal activity for purposes of money laundering to include various offenses punishable as misdemeanors that are related to illegal lotteries and gaming. By expanding the definition of a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 186.9 of the Penal Code, relating to money laundering." -815,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 30130.53 is added to the Revenue and Taxation Code, to read: -30130.53. -(a) The board shall determine within one year of the effective date of this act, and annually thereafter, the effect that the additional taxes imposed on cigarettes by this article, and the resulting increase in the tax on tobacco products required by subdivision (b) of Section 30123, have on the consumption of cigarettes and tobacco products in this state. To the extent that a decrease in consumption is determined by the board to be a direct result of the additional tax imposed by this article, or the resulting increase in the tax on tobacco products required by subdivision (b) of Section 30123, the board shall determine the fiscal effect the decrease in consumption has on the Cigarette and Tobacco Products Surtax Fund created by Section 30122 (Proposition 99 as approved by the voters at the November 8, 1988, statewide general election), the Breast Cancer Fund created by Section 30461.6, the California Children and Families Trust Fund created by Section 30131 (Proposition 10 as approved by the voters at the November 3, 1998, statewide general election), and the General Fund with respect to revenues derived from Section 30101. -(b) Funds shall be transferred from the California Tobacco Tax Act of 2015 Fund, to the Cigarette and Tobacco Products Surtax Fund, the Breast Cancer Fund, the California Children and Families Trust Fund, and the General Fund, to offset the revenue decrease directly resulting from imposition of additional taxes by this article. -(c) Transfers under this section shall be made by the board at times as the board determines necessary to further the intent of this section. -SEC. 2. -Section 30130.55 is added to the Revenue and Taxation Code, to read: -30130.55. -(a) Notwithstanding any other law, the California Tobacco Tax Act of 2015 Fund is a trust fund established solely to carry out the purposes set forth in this article, and all revenues deposited into the California Tobacco Tax Act of 2015 Fund, together with interest earned by the fund, shall be expended only in accordance with this article and its purposes. -(b) (1) Funds in the Tobacco Prevention and Education Account shall be available, upon appropriation by the Legislature, to supplement tobacco prevention and control programs as follows: -(A) Eighty percent to the State Department of Public Health. -(B) Ten percent to the State Department of Education. -(C) Ten percent to the University of California. -(2) Funds in the Tobacco Disease Related Health Care Account shall be available to the State Department of Health Care Services, upon appropriation by the Legislature, to improve existing programs to provide quality and access to health care programs for families and children pursuant to Chapter 7 (commencing with Section 14000) to Chapter 8.9 (commencing with Section 14700), inclusive, of Part 3 of Division 9 of the Welfare and Institutions Code. -(3) Funds in the Tobacco Law Enforcement Account shall be available to the board, the Department of Justice, and the State Department of Public Health, upon appropriation by the Legislature, for the purpose of supplementing funding for the enforcement of laws that regulate the distribution and sale of cigarettes and other tobacco products, including, but not limited to, laws that prohibit cigarette smuggling, counterfeiting, selling untaxed tobacco, selling tobacco without a proper license, and selling tobacco to minors, and enforcing tobacco-related laws, court judgments, and settlements. -(c) Not more than 5 percent of the funds received from the California Tobacco Tax Act of 2015 Fund shall be used by any state recipient for administrative costs. -(d) The Department of Justice, the State Department of Public Health, the State Department of Education, and the State Department of Health Care Services shall, and the Regents of the University of California are requested to, on an annual basis, publish on their respective Internet Web sites an accounting of moneys received from the California Tobacco Tax Act of 2015 Fund and how the moneys were spent. -SEC. 3. -This act shall become operative only if Senate Bill 591 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to immediately offset any revenue decreases to the California Children and Families Trust Fund, the Cigarette and Tobacco Products Surtax Fund, the Breast Cancer Fund, and the General Fund as a result of additional taxes that may be imposed, and to supplement tobacco prevention and control programs, to improve existing programs to provide quality and access to health care programs for families and children, and to supplement funding for the enforcement of laws that regulate the distribution and sale of cigarettes and other tobacco products at the earliest possible time, it is necessary that this act take effect immediately.","The Cigarette and Tobacco Products Tax Law, the violation of which is a crime, imposes a tax of $0.87 per package of 20 cigarettes on every distributor of cigarettes and a tax on the wholesale cost of tobacco products distributed at a tax rate that is equivalent to the combined rate of all taxes imposed on cigarettes, and at a rate equivalent to $0.50 per pack cigarette tax. Revenues from taxes imposed under this law are deposited in specified accounts. These taxes are inclusive of the taxes imposed under the Tobacco Tax and Health Protection Act of 1988 (Proposition 99) and the California Children and Families Act of 1998 (Proposition 10). -This bill would require moneys collected and deposited in the California Tobacco Tax Act of 2015 Fund from an additional tax to be imposed on the distribution of cigarettes, a related floor stock tax, and a cigarette indicia adjustment tax to be transferred from that fund to the California Children and Families Trust Fund, which is a continuously appropriated fund, thereby making an appropriation, the Cigarette and Tobacco Products Surtax Fund, the Breast Cancer Fund, and the General Fund, as necessary to offset revenue decreases to those funds directly resulting from additional taxes to be imposed. -This bill would also make funds of accounts in the California Tobacco Tax Act of 2015 Fund available to specified state entities upon appropriation by the Legislature to supplement tobacco prevention and control programs, to improve existing programs to provide quality and access to health care programs for families and children, and to supplement funding for the enforcement of laws that regulate the distribution and sale of cigarettes and other tobacco products, as specified. -This bill would require the Department of Justice, the State Department of Public Health, the State Department of Education, the State Department of Health Care Services, and would request the Regents of the University of California, annually to publish an accounting of moneys received from the fund on their respective Internet Web sites. -This bill would become operative only if SB 591 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Sections 30130.53 and 30130.55 to the Revenue and Taxation Code, relating to public health finance, -and -making an appropriation -therefor. -therefor, and declaring the urgency thereof, to take effect immediately." -816,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 2 (commencing with Section 18711) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: -Article 2. California Domestic Violence Victims Fund -18711. -(a) An individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the California Domestic Violence Victims Fund established by Section 18712. That designation is to be used as a voluntary contribution on the tax return. -(b) The contributions shall be in full dollar amounts and may be made individually by each signatory on a joint return. -(c) A designation under subdivision (a) shall be made for a taxable year on the original return for that taxable year, and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s liability, the return shall be treated as though no designation has been made. If a designee is not specified, the contribution shall be transferred to the General Fund after reimbursement of the direct actual costs of the Franchise Tax Board for the collection and administration of funds under this article. -(d) If an individual designates a contribution to more than one account or fund listed on the tax return, and the amount available is insufficient to satisfy the total amount designated, the contribution shall be allocated among the designees on a pro rata basis. -(e) The Franchise Tax Board shall revise the form of the return to include a space labeled “California Domestic Violence Victims Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to further the services that California’s domestic violence programs provide for victims of domestic violence. -(f) Notwithstanding any other law, a voluntary contribution designation for the California Domestic Violence Victims Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available. -(g) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a). -18712. -There is hereby established in the State Treasury the California Domestic Violence Victims Fund to receive contributions made pursuant to Section 18711. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18711 to be transferred to the California Domestic Violence Victims Fund. The Controller shall transfer from the Personal Income Tax Fund to the California Domestic Violence Victims Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18711 for payment into that fund. -18713. -All moneys transferred to the California Domestic Violence Victims Fund, upon appropriation by the Legislature, shall be allocated as follows: -(a) To the Franchise Tax Board and the Controller for reimbursement of all costs incurred by the Franchise Tax Board and the Controller in connection with their duties under this article. -(b) To the Office of Emergency Services for the distribution of funds to domestic violence programs in California that are in active status, as reflected on the Business Search page of the Secretary of State’s Internet Web site, and are exempt from federal income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code, and are active grant recipients under the Comprehensive Statewide Domestic Violence Program within the Office of Emergency Services as described in Section 13823.15 of the Penal Code. The Office of Emergency Services shall award the funds and be responsible for overseeing the grant program. -(1) A domestic violence program shall not use grant moneys awarded pursuant to this section for its administrative costs. -(2) The Office of Emergency Services shall not use fund moneys for its administrative costs. -18714. -(a) Except as otherwise provided in subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the California Domestic Violence Victims Fund on the personal income tax return, and is repealed as of December 1 of that year. -(b) (1) By September 1 of the second calendar year and each subsequent calendar year that the California Domestic Violence Victims Fund appears on the tax return, the Franchise Tax Board shall do all of the following: -(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. -(B) Provide written notification to the Office of Emergency Services of the amount determined in subparagraph (A). -(C) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. -(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. -(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the California Domestic Violence Victims Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c). -(c) For each calendar year, beginning with the third calendar year after the first appearance of the California Domestic Violence Victims Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows: -(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. -(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.","Existing law authorizes an individual to contribute amounts in excess of his or her tax liability for the support of specified funds. Existing law also has administrative provisions applicable to voluntary contributions. -This bill would additionally allow an individual to designate on his or her tax return that a specified amount in excess of his or her tax liability be transferred to the California Domestic Violence Victims Fund, which would be created by this bill. The bill would prohibit a voluntary contribution designation for the California Domestic Violence Victims Fund from being added on the tax return until another voluntary contribution designation is removed or a space is available. -The bill would require moneys in the California Domestic Violence Victims Fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller for reimbursement of costs and the balance to the Office of Emergency Services (OES) for the distribution of funds to active grant recipients under the Comprehensive Statewide Domestic Violence Program within OES, as provided. -The bill would provide that these provisions would remain in effect only until January 1 of the 5th taxable year following the first appearance of the California Domestic Violence Victims Fund on the tax return, but would further provide for an earlier repeal if the Franchise Tax Board determines that the amount of contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount, as defined, for that calendar year, in which case these provisions would be repealed on December 1 of that year.","An act to add and repeal Article 2 (commencing with Section 18711) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, relating to taxation." -817,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25200.24 is added to the Health and Safety Code, to read: -25200.24. -(a) Except as provided in subdivision (b), the department shall, as a condition for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit, require a facility operator to install monitoring devices or other equipment at the fence line of the facility to monitor for potential releases from the facility into the surrounding community. -(b) If the local air pollution control district or air quality management district, at the time that a hazardous waste facility applies for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit, imposes a requirement on hazardous waste facilities that is substantially similar to the requirement specified in subdivision (a), subdivision (a) shall not apply and the department shall instead require the facility to comply with the requirement of the air pollution control district or air quality management district as a condition for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit. -SEC. 2. -Section 25200.25 is added to the Health and Safety Code, to read: -25200.25. -(a) A member of the public may request a technical assistance grant for the purpose of getting assistance relating to, and information about, a pending hazardous waste facilities permit application. The department shall grant a request for a technical assistance grant if the department receives the request within one year of the submission of the applicable hazardous waste facilities permit application. The department may, in its discretion, grant a request for a technical assistance grant received more than one year from the submission of the applicable permit application. The technical assistance grant shall be funded by the permit applicant. The department shall develop criteria and post on its Internet Web site the minimum requirements for an entity that wishes to provide this technical assistance. -(b) Upon receipt of an application for a new hazardous waste facilities permit or for a renewal of a hazardous waste facilities permit, the department shall post on its Internet Web site that the application has been received. The department shall include with this information a description of the process for applying for a technical assistance grant. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SECTION 1. -Section 4629.8 is added to the -Welfare and Institutions Code -, to read: -4629.8. -(a)For purposes of this section, the following definitions apply: -(1)“Administrative costs” means all costs other than direct service expenditures, including all amounts actually paid and all accounts payable, as calculated in accordance with generally accepted accounting principles, including, but not limited to, all of the following: -(A)Compensation and benefits, including federal, state, and local payroll taxes, workers’ compensation and unemployment insurance premiums, and recruiting, training, orientation, and background checks for managerial personnel whose primary purpose is the administrative management of the entity, including, but not limited to, directors and chief executive officers. -(B)Compensation and benefits, including federal, state, and local payroll taxes, workers’ compensation and unemployment insurance premiums, and recruiting, training, orientation, and background checks for employees who perform administrative functions, including, but not limited to, payroll management, personnel functions, accounting, budgeting, and facility management. -(C)Facility and occupancy costs directly associated with administrative functions. -(D)Maintenance and repair. -(E)Data processing and computer support services. -(F)Contract and procurement activities, except those provided by a direct service employee. -(G)Training directly associated with administrative functions. -(H)Travel directly associated with administrative functions. -(I)Licenses directly associated with administrative functions. -(J)Taxes. -(K)Interest. -(L)Property insurance. -(M)Personal liability insurance directly associated with administrative functions. -(N)Depreciation. -(O)General expenses, including, but not limited to, communication costs and supplies directly associated with administrative functions. -(P)Consultants and professional services, including, but not limited to, accounting and legal services. -(Q)Distributions to shareholders. -(R)Advertising costs. -(S)Conference, convention, and meeting costs. -(T)Facility and office equipment costs, including, but not limited to, rent, lease, and mortgage payments, directly associated with administrative functions. -(U)Transfers to a corporate parent or franchisor, including, but not limited to, franchise fees, fees for copyright or trademark usage, fees for advertising materials, royalty fees, or conference fees. -(V)Other general operating and overhead costs. -(2)“Direct service expenditures” means all amounts actually paid and all accounts payable, as calculated in accordance with generally accepted accounting principles, in the following categories: -(A)Wages and benefits, including state, federal, and local payroll taxes, workers’ compensation and unemployment insurance premiums, and recruiting, training, orientation, and background checks for respite care aides. -(B)Expenses substantially similar to those in subparagraph (A) that are directly related to the provision of in-home respite services. -(3)“Financial management services” means services as defined by Section 4685.7 and any similar service, including, but not limited to, payroll duties, processing payments for the reimbursement of services, and other employer responsibilities that are required by federal and state law, when the agency is the employer for those purposes, but the consumer or his or her family member recruits the worker. -(4)“Service agency” means an organization or corporation that provides in-home respite services, as defined in Section 4690.2. -(b)(1)Notwithstanding Section 4629.7 or any other law, all regional center contracts or agreements with contracting entities that provide in-home respite services, as defined in Section 4690.2, and that have an annual revenue attributable to in-home respite services provided to regional center consumers of at least seven million dollars ($7,000,000), shall expressly require that at least 85 percent of regional center funds be spent on direct service expenditures. Direct service expenditures shall not include administrative costs. -(2)A contracting service agency may meet the annual revenue attributable to in-home respite services specified in paragraph (1) in either of the following ways: -(A)The annual revenue of the contracting service agency that is attributable to in-home respite services provided to regional center consumers, excluding financial management services, as defined in paragraph (3) of subdivision (a), and other administrative services, meets or exceeds seven million dollars ($7,000,000). -(B)The annual revenue of the contracting entity’s parent organization that is attributable to in-home respite services provided to regional center consumers in this state, excluding financial management services, as defined in paragraph (3) of subdivision (a), and other administrative services, whether earned directly by the parent organization or by subcontractors and subsidiaries of the parent organization, meets or exceeds seven million dollars ($7,000,000). -(c)Consistent with subdivision (b), service providers and contractors, upon request, shall provide regional centers with access to books, documents, papers, computerized data, source documents, consumer records, or other records pertaining to the service providers’ and contractors’ rates.","Existing law, as part of the hazardous waste control law, requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. Existing law requires the department to impose certain conditions on each hazardous waste facilities permit and authorizes the department to impose other conditions on a hazardous waste facilities permit, as specified. A violation of the hazardous waste control law is a crime. -The bill would require the department, as a condition for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit, to require a facility operator to install monitoring devices or other equipment at the fence line of the facility to monitor for potential releases from the facility into the surrounding community, except as specified. The bill would require the department to grant such a request from a member of the public for a technical assistance grant for the purpose of getting assistance relating to, and information about, a pending hazardous waste facilities permit if the department receives the request within one year of the submission of the applicable hazardous waste facilities permit application, and would authorize the department to, in its discretion, grant such a request received more than one year from the submission of the applicable permit application. The bill would require the permit applicant to fund the grants. The bill would require the department, upon receipt of an application for a new hazardous waste facilities permit or for a renewal of a hazardous waste facilities permit, to post on its Internet Web site that the application has been received, and to include with this information a description of the process for applying for a technical assistance grant. -Because a violation of the bill’s requirements would be a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to enter into contracts with private nonprofit corporations to operate regional centers for the provision of community services and support for persons with developmental disabilities and their families. Existing law sets forth the duties of the regional centers, including, but not limited to, development of individual program plans, the purchase of needed services to implement the plan, and monitoring of the delivery of those services. -Existing law requires the regional center contracts and agreements with service providers in which rates are determined through negotiations between the regional center and the service providers to expressly require that not more than 15% of regional center funds be spent on administrative costs, as defined. -This bill would require all regional center contracts or agreements with contracting entities that provide in-home respite services and that have an annual revenue attributable to in-home respite services provided to regional center consumers of at least $7,000,000, as specified, to expressly require that at least 85% of regional center funds be spent on direct service expenditures, as defined.","An act to add -Section 4629.8 to the Welfare and Institutions Code, -Sections 25200.24 and 25200.25 to the Health and Safety Code, -relating to -developmental services. -hazardous waste facilities." -818,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1824 is added to the Insurance Code, to read: -1824. -(a) The Bail Investigation and Prosecution Fund is hereby created as a special account within the Insurance Fund. Each surety insurer or bail permittee admitted and authorized to execute an undertaking of bail in this state through a licensed bail licensee shall pay a -fifteen- -dollar ($15) -fee per bail bond -transaction, not to exceed thirty dollars ($30), -transaction -for each bail bond posted in this state. The revenue from this fee shall be deposited into the Bail Investigation and Prosecution Fund. -(b) Moneys in the Bail Investigation and Prosecution Fund shall be distributed, upon appropriation by the Legislature, to fund the reasonable costs incurred in regulating entities involved in the undertaking of bail as described in this section. Moneys in the Bail Investigation and Prosecution Fund shall not be used for any other purpose. Moneys in the Bail Investigation and Prosecution Fund shall be distributed by the commissioner as follows: -(1) Seventy percent of these funds shall be distributed within the department for consumer enforcement and protection purposes related to bail transactions, including, but not limited to: -(A) Investigating and prosecuting unlawful conduct by bail licensees, or a person or entity purporting to solicit or negotiate in respect to execution or delivery of an undertaking of bail or bail bond, or execute or deliver an undertaking of bail or bail bond, or matters subsequent to the execution of an undertaking of bail or bail bond contract and arising out of it. -(B) Responding to consumer inquiries and complaints related to bail transactions. -(C) Regulating and overseeing bail bond products, solicitation, and advertising directed toward consumers. -(D) The cost of any fiscal audit performed pursuant to this section. -(2) Thirty percent of the funds shall be distributed to county district attorneys and city attorneys, for investigating and prosecuting surety insurer and bail abuse cases involving licensees, or any person or entity engaged in the solicitation or negotiation in respect to execution or delivery of an undertaking of bail or bail bond, or execution or delivery of an undertaking of bail or bail bond. -(A) The commissioner shall distribute funds to county district attorneys and city attorneys who show a likely positive outcome that will benefit consumers in the local jurisdiction based on specific criteria promulgated by the commissioner. Each local district attorney and city attorney desiring a portion of those funds shall submit to the commissioner an application, including, at a minimum, all of the following: -(i) The proposed use of the moneys and the anticipated outcome. -(ii) A list of all prior relevant cases or projects and a copy of the final accounting for each. If cases or projects are ongoing, the most recent accounting shall be provided. -(iii) A detailed budget, including salaries and general expenses, specifically identifying the cost of purchase or rental of equipment or supplies. -(B) Each district attorney and city attorney that receives funds pursuant to this section shall submit a final detailed accounting at the conclusion or closure of each case or project. For cases or projects that continue longer than six months, interim accountings shall be submitted every six months, or as otherwise directed by the commissioner. -(C) Each district attorney and city attorney that receives funds pursuant to this section shall submit a final report to the commissioner, which may be made public, as to the success of the cases or projects conducted. The report shall provide information and statistics on the number of active investigations, arrests, indictments, and convictions. The applications for moneys, the distribution of moneys, and the annual reports shall be public documents. -(c) Notwithstanding any other provision of this section, information submitted to the commissioner pursuant to this section concerning criminal investigations, whether active or inactive, shall be confidential. -(d) The commissioner may conduct a fiscal audit of the programs administered under this subdivision. If conducted, this fiscal audit shall be conducted by an internal audit unit of the department. -(e) If the commissioner determines that a district attorney or city attorney is unable or unwilling to investigate or prosecute a relevant bail abuse case, the commissioner may discontinue distribution of funds allocated for that matter and may redistribute those funds to other eligible district attorneys or city attorneys. -(f) If, as of June 30 of any calendar year, the total amount in the Bail Investigation and Prosecution Fund exceeds eight million dollars ($8,000,000), the commissioner shall reduce the amount of the assessment accordingly for the following year to eliminate that excess. A surety insurer, upon receipt of an invoice, shall transmit payment to the department for deposit in the Bail Investigation and Prosecution Fund. Any balance remaining in the Bail Investigation and Prosecution Fund at the end of the fiscal year shall be retained in the account, to be available in the next fiscal year. -(g) The commissioner may develop guidelines for implementing or clarifying these provisions, including guidelines for the allocation, distribution, and potential return of unused funds. The commissioner may, from time to time, issue regulations for implementing or clarifying these provisions. -Regulations adopted pursuant to this section shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). -(h) The commissioner shall provide a consolidated report annually on the department’s Internet Web site, which shall include, but is not limited to, the following information: -(1) The number of consumer complaints regarding -to -bail bond transactions. -(2) The number of investigations initiated relating to bail bond transactions. -(3) The number of investigations related to bail and bail bond transactions referred to and reported by prosecuting agencies. -(4) The number of administrative or regulatory cases related to bail and bail bond transactions referred to the department’s legal division. -(5) The number of administrative or regulatory enforcement actions taken in cases related to bail and bail bond transactions. -(i) A violation of this section is not a crime pursuant to Section 1814. -SEC. 2. -The Legislature finds and declares that this act imposes limits on the public’s right of access to meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following finding to demonstrate the interest protected by this limitation and the need for protecting that interest: -In order to ensure that criminal investigations are not frustrated or hindered, it is necessary to limit the public’s right of access to information submitted to the Insurance Commissioner pursuant to this act concerning criminal investigations.","(1) Existing law provides for the issuance of bail licenses under the jurisdiction of the Insurance Commissioner. Existing law requires persons soliciting or negotiating the execution or delivery of an undertaking of bail on behalf of a surety insurer to be licensed as a bail agent. -This bill would require each surety insurer or bail permittee to pay a -fee, not to exceed $30 -fee of $15 -per bail bond transaction. These fees would go to the Bail Investigation and Prosecution Fund, created as a special account in the Insurance Fund. This bill would provide that moneys in the Bail Investigation and Prosecution Fund be distributed by the commissioner, upon appropriation, to fund the reasonable costs incurred in regulating entities involved in the undertaking of bail, as specified. This bill would -provide that -require the commissioner to reduce the amount of the assessment, as specified, -if the total amount in the Bail Investigation and Prosecution Fund ever exceeds -$8,000,000, then the commissioner shall reduce the amount of the assessment, as specified. -$8,000,000. -This bill would authorize the commissioner to develop guidelines to implement or clarify these provisions. This bill would require the commissioner to provide an annual report on the department’s Internet Web site including various information, as specified. -(2) Existing constitutional provisions require that a statute that limits the public’s right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to add Section 1824 to the Insurance Code, relating to insurance." -819,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) For many victims of domestic violence, a wireless telephone is their lifeline to the community resources, life-saving services, and support network they need to leave their batterer and abusive environment. For the majority of victims, shelter in a confidential safe house is a last resort, and, in fact, unnecessary. Victims are going about their lives, working, and taking care of their children, as they are making plans and determining their next steps to safely leave their abuser. Many victims are able to access counseling services and obtain legal assistance, such as securing a restraining order, without entering into a safe house. For these victims, a wireless telephone serves as a critical tool for making appointments and communicating with their advocates. -(b) Allowing a victim of domestic violence to retain the use of an existing wireless telephone number and access to the contacts and other information that may be contained in an existing wireless telephone is important for both the safety and emotional support of the victim. This can be a problem if the domestic violence victim is not the accountholder for the wireless telephone, as only an accountholder has the authority to release the telephone number or numbers contained in the account. -(c) According to a Wall Street Journal article, in 2011 just under 71 percent of households had a landline in the home, down from a little more than 96 percent of households 15 years earlier. Cellular telephone ownership among adults reached 89 percent in 2011, up from approximately 36 percent in 1998. -(d) A 2014 National Public Radio Survey of 72 shelters in large cities and smaller towns across the nation found that 85 percent of the shelters worked directly with victims whose abusers tracked the victims using GPS. Seventy-five percent of the shelters worked with victims whose abusers eavesdropped on their conversations remotely by using hidden mobile applications. -SEC. 2. -Section 6347 is added to the Family Code, to read: -6347. -(a) Commencing July 1, 2016, in order to ensure that the requesting party can maintain an existing wireless telephone number, and the wireless numbers of any minor children in the care of the requesting party, the court may issue an order, after notice and a hearing, directing a wireless telephone service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to the requesting party, if the requesting party is not the accountholder. -(b) (1) The order transferring billing responsibility for and rights to the wireless telephone number or numbers to a requesting party shall be a separate order that is directed to the wireless telephone service provider. The order shall list the name and billing telephone number of the accountholder, the name and contact information of the person to whom the telephone number or numbers will be transferred, and each telephone number to be transferred to that person. The court shall ensure that the contact information of the requesting party is not provided to the accountholder in proceedings held pursuant to Division 10 (commencing with Section 6200). -(2) The order shall be served on the wireless service provider’s agent for service of process listed with the Secretary of State. -(3) Where the wireless service provider cannot operationally or technically effectuate the order due to certain circumstances, including, but not limited to, any of the following, the wireless service provider shall notify the requesting party within 72 hours of receipt of the order: -(A) When the accountholder has already terminated the account. -(B) When differences in network technology prevent the functionality of a device on the network. -(C) When there are geographic or other limitations on network or service availability. -(c) (1) Upon transfer of billing responsibility for and rights to a wireless telephone number or numbers to a requesting party pursuant to subdivision (b) by a wireless telephone service provider, the requesting party shall assume all financial responsibility for the transferred wireless telephone number or numbers, monthly service costs, and costs for any mobile device associated with the wireless telephone number or numbers. -(2) This section shall not preclude a wireless service provider from applying any routine and customary requirements for account establishment to the requesting party as part of this transfer of billing responsibility for a wireless telephone number or numbers and any devices attached to that number or numbers, including, but not limited to, identification, financial information, and customer preferences. -(d) This section shall not affect the ability of the court to apportion the assets and debts of the parties as provided for in law, or the ability to determine the temporary use, possession, and control of personal property pursuant to Sections 6324 and 6340. -(e) No cause of action shall lie against any wireless telephone service provider, its officers, employees, or agents, for actions taken in accordance with the terms of a court order issued pursuant to this section. -(f) The Judicial Council shall, on or before July 1, 2016, develop any forms or rules necessary to effectuate this section. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law authorizes a court to issue an ex parte protective order enjoining a party from engaging in specified acts against another party, including, among other things, threatening or harassing that party. Existing law also authorizes a court to include these protective orders and other orders in a judgment entered in specified proceedings, including, among others, a proceeding for the dissolution of marriage. A violation of these court orders constitutes contempt of court, which is punishable as a misdemeanor. -This bill would, commencing July 1, 2016, additionally authorize a court, after notice and a hearing, to issue an order directing a wireless telephone service provider to transfer the billing responsibility and rights to a wireless telephone number or numbers to a requesting party. The bill would require that order to be a separate order directed to the wireless telephone service provider that lists the name and billing telephone number of the accountholder, the name and contact information of the person to whom the number or numbers will be transferred, and each number to be transferred to that person. The bill would require, upon transfer of billing responsibility for and rights to a wireless telephone number or numbers, the requesting party to assume all financial responsibility for the transferred wireless telephone number or numbers, monthly service costs, and costs for any mobile device associated with the wireless telephone number or numbers. The bill would not affect the ability of the court to apportion the assets and debts of the parties as provided for in law, or the ability to determine the temporary use, possession, and control of personal property, as specified. The bill would prohibit a cause of action against a wireless telephone service provider, its officers, employees, or agents, for actions taken in accordance with the terms of the court order. The bill would require the Judicial Council to, on or before July 1, 2016, develop any forms or rules necessary to effectuate these provisions. -By expanding the scope of an existing crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 6347 to the Family Code, relating to family law." -820,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares the following: -(a) The State of California has officially recognized the Armenian Genocide each year for decades and has repeatedly urged the Republic of Turkey to acknowledge the facts of the Armenian Genocide and work toward a just resolution, honor its obligations under international treaties and human rights laws, to end all forms of religious discrimination and persecution, and to return Christian church properties to their rightful owners. -(b) Genocide is defined by the United Nations as an act “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”. -(c) Genocide denial is widely viewed as among the final stages of genocide and serves to perpetuate the effects of genocide even after the active phases of extermination, massacres, forced marches, and deportation has ended. -(d) The government of Turkey has engaged and continues to engage in an ongoing campaign of genocide denial and historical revisionism by refusing to acknowledge its responsibility for the Armenian Genocide, refusing to compensate its victims, and actively pursuing a well-funded political lobbying campaign throughout the United States, including in California, to rewrite history and defeat legislation recognizing the Armenian Genocide. -(e) The government of Turkey has engaged and continues to engage in efforts to effect Armenian cultural erasure since the founding of the Republic of Turkey, including, but not limited to, ethnic cleansings and the destruction of sacred Armenian religious sites. -(f) Reference in Turkey by any scholar, journalist, or other person to the massacre and deportation of Armenians in 1915 to 1923, inclusive, as genocide can be criminally prosecuted under Article 301 of the Turkish Penal Code. -(g) The State of California is home to the largest Armenian-American population in the United States, and Armenians living in California, most of whom are direct descendants of the survivors of the Armenian Genocide, have enriched our state through their leadership and contributions in business, agriculture, academia, government, and the arts, yet continue to suffer the effects of the continued denial campaign by the government of Turkey. -(h) The State of California, as the world’s eighth largest economy, and in accordance with principles of human rights and justice, has taken the lead in adopting legislation to divest from South Africa for its policy of apartheid, Sudan for its genocide in Darfur, and Iran for its support of international terrorism, imposing economic consequences upon regimes that engage in conduct and policy that violate human rights or constitute crimes against humanity. -(i) The State of California, through its Public Employees’ Retirement System (PERS) and its State Teachers’ Retirement System (STRS), directly invests public funds in the government of Turkey, which then reaps profits while actively denying the Armenian Genocide, funding its continued campaign of denial, at least in part, through these investments in its economy. -(j) By investing public funds in the government of Turkey, the State of California as the embodiment of its citizens contradicts its longstanding, just position of recognizing the Armenian Genocide and urging the government of Turkey to acknowledge its responsibility and work toward a just resolution by honoring its obligations under international treaties and human rights laws, to end all forms of religious discrimination and persecution, and to return Christian church properties to their rightful owners. -(k) It is the government of Turkey, not the people of Turkey, that is responsible for Turkey’s continued egregious violations of human rights and active pursuit of genocide denial, cultural erasure, and historical revisionism. -(l) PERS currently has investment holdings in bonds directly issued by the Republic of Turkey in excess of $185,000,000. -(m) STRS currently has investment holdings in bonds directly issued by the Republic of Turkey in excess of several hundred million dollars. -(n) Investment in the Republic of Turkey enables its government to continue to deny justice to the Armenian people. -(o) Divesting these funds would ensure that the State of California is in no way complicit in the continued denial of the Armenian Genocide by the government of Turkey and would encourage said government to acknowledge the Armenian Genocide and to reach a fair and just resolution of reparations for the survivors of the Armenian Genocide. -SEC. 2. -Section 7513.75 is added to the Government Code, to read: -7513.75. -(a) As used in this section, the following terms have the following meanings: -(1) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board of the State Teachers’ Retirement System, as applicable. -(2) “Government of Turkey” means the government of Turkey or its instrumentalities or political subdivisions. “Government of Turkey” also includes any and all investment vehicles, government bonds, or financial institutions and entities that are owned, controlled, or operated by the government of Turkey. -(3) “Turkey” means the Republic of Turkey or any territory under the administration or control of Turkey. -(4) “Public employee retirement funds” means the Public Employees’ Retirement Fund described in Section 20062 and the Teachers’ Retirement Fund described in Section 22167 of the Education Code. -(b) The board shall not invest public employee retirement funds in any investment vehicle in Turkey that meets either of the following criteria: -(1) The investment vehicle is issued by the government of Turkey. -(2) The investment vehicle is owned, controlled, or managed by the government of Turkey. -(c) On or before June 30, 2016, the board shall determine which Turkish investment vehicles are subject to divestment. -(d) After the determination described in subdivision (c), the board shall determine, by the next applicable board meeting, if a Turkish investment vehicle meets the criteria described in subdivision (b). If the board plans to invest or has investments in a company that meets the criteria described in subdivision (b), that planned or existing investment shall be subject to subdivisions (g) and (h). -(e) Investments of the board in an investment vehicle that does not meet the criteria described in subdivision (b) are not subject to subdivision (h) if the company does not subsequently meet the criteria described in subdivision (b). The board shall identify the reasons why that investment vehicle does not satisfy the criteria described in subdivision (b) in the report to the Legislature described in subdivision (i). -(f) (1) Notwithstanding subdivisions (d) and (e), if the board’s investment in a company described in subdivision (b) is limited to investment via an externally and actively managed commingled fund, the board shall contact that fund manager in writing and request that the fund manager remove that investment vehicle from the fund as described in subdivision (h). On or before June 30, 2016, if the fund or account manager creates a fund or account devoid of investment vehicles described in subdivision (b), the transfer of board investments from the prior fund or account to the fund or account devoid of the investment vehicles shall be deemed to satisfy subdivision (h). -(2) If the board’s investment in an investment vehicle described in subdivision (b) is limited to an alternative fund or account, the alternative fund or account manager creates an actively managed commingled fund that excludes investment vehicles described in subdivision (b), and the new fund or account is deemed to be financially equivalent to the existing fund or account, the transfer of board investments from the existing fund or account to the new fund or account shall be deemed to satisfy subdivision (h). If the board determines that the new fund or account is not financially equivalent to the existing fund, the board shall include the reasons for that determination in the report described in subdivision (i). -(3) The board shall make a good faith effort to identify any private equity investments that involve investment vehicles described in subdivision (b), or are linked to the government of Turkey. If the board determines that a private equity investment clearly involves an investment vehicle described in subdivision (b), or is linked to the government of Turkey, the board shall consider, at its discretion, if those private equity investments shall be subject to subdivision (h). If the board determines that a private equity investment clearly involves a company described in subdivision (b), or is linked to the government of Turkey and the board does not take action as described in subdivision (h), the board shall include the reasons for its decision in the report described in subdivision (i). -(g) Except as described in subdivisions (e) and (f), the board, in the board’s capacity of shareholder or investor, shall notify any investment vehicle described in subdivision (d) that the investment vehicle is subject to subdivision (h) and permit that investment vehicle to respond to the board. The board shall request that the investment vehicle take substantial action to disassociate itself from the government of Turkey no later than 90 days from the date the board notified the investment vehicle under this subdivision. If the board determines that an investment vehicle has taken substantial action or has made sufficient progress toward substantial action before the expiration of that 90-day period, that investment vehicle shall not be subject to subdivision (h). The board shall, at intervals not to exceed 90 days, continue to monitor and review the progress of the investment vehicle until that investment vehicle has taken substantial action in Turkey. An investment vehicle that fails to complete substantial action within one year from the date of the initial notice by the board shall be subject to subdivision (h). -(h) If an investment vehicle described in subdivision (d) fails to complete substantial action by the time described in subdivision (g), the board shall take the following actions: -(1) The board shall not make additional or new investments or renew existing investments in that investment vehicle. -(2) The board shall liquidate the investments of the board in that investment vehicle no later than 18 months after this subdivision applies to that investment vehicle. The board shall liquidate those investments in a manner to address the need for investment vehicles to take substantial action in Turkey and consistent with the board’s fiduciary responsibilities as described in Section 17 of Article XVI of the California Constitution. -(i) On or before January 1, 2017, and every year thereafter, the board shall file a report with the Legislature. The report shall describe the following: -(1) A list of investments the board has in investment vehicles that satisfy the criteria in subdivision (b), including, but not limited to, the issuer, by name, of the stock, bonds, securities, and other evidence of indebtedness. -(2) A detailed summary of the association between an investment vehicle described in paragraph (1) and the government of Turkey. -(3) Whether the board has reduced its investments in an investment vehicle that satisfies the criteria in subdivision (b). -(4) If the board has not completely reduced its investments in an investment vehicle that satisfies the criteria in subdivision (b), when the board anticipates that the board will reduce all investments in that investment vehicle or the reasons why a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution. -(5) Any information described in subdivisions (d) and (e). -(6) A detailed summary of investments that were transferred to funds or accounts devoid of Turkish investment vehicles as described in subdivision (f). -(7) An annual calculation of any costs or investment losses or other financial results incurred in compliance with the provisions of this section. -(j) If the board voluntarily sells or transfers all of its investments in a Turkish investment vehicle in accordance with this section, this section shall not apply except that the board shall file a report with the Legislature related to that investment vehicle as described in subdivision (i). -(k) Nothing in this section shall require the board to take action as described in this section if the board determines, and adopts findings, in good faith and based on credible information available to the public, that the action described in this section would fail to satisfy the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution. -(l) This section shall be known, and may be cited, as the California Public Divest from Turkey to End the Perpetuation of the Armenian Genocide Act. -SEC. 3. -Section 16642 of the Government Code is amended to read: -16642. -Present, future, and former board members of the Public Employees’ Retirement System or the State Teachers’ Retirement System, jointly and individually, state officers and employees, research firms described in subdivision (d) of Section 7513.6, and investment managers under contract with the Public Employees’ Retirement System or the State Teachers’ Retirement System shall be indemnified from the General Fund and held harmless by the State of California from all claims, demands, suits, actions, damages, judgments, costs, charges and expenses, including court costs and attorney’s fees, and against all liability, losses, and damages of any nature whatsoever that these present, future, or former board members, officers, employees, research firms as described in subdivision (d) of Section 7513.6, or contract investment managers shall or may at any time sustain by reason of any decision to restrict, reduce, or eliminate investments pursuant to Sections -7513.6 and 7513.7. -7513.6, 7513.7, and 7513.75. -SEC. 4. -The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","The California Constitution provides that the Legislature may by statute prohibit retirement board investments if it is in the public interest to do so, and providing that the prohibition satisfies specified fiduciary standards. -Existing law prohibits the Public Employees’ Retirement System and the State Teachers’ Retirement System from investing public employee retirement funds in a company with active business operations in Sudan and in Iran, as specified. -This bill would additionally prohibit the Public Employees’ Retirement System and the State Teachers’ Retirement System from investing public employee retirement funds in a Turkish investment vehicle, as specified. The bill would require the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board of the State Teachers’ Retirement System to sell or transfer any investments in a Turkish investment vehicle. -This bill would require these boards, on or before January 1, 2017, and annually thereafter, to report to the Legislature any investments in a Turkish investment vehicle and the sale or transfer of those investments, subject to the fiduciary duty of these boards. -This bill would indemnify from the General Fund and hold harmless the present, former, and future board members, officers, and employees of and investment managers under contract with those retirement systems.","An act to amend Section 16642 of, and to add Section 7513.75 to, the Government Code, relating to investments." -821,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 34191.4 of the Health and Safety Code is amended to read: -34191.4. -The following provisions shall apply to any successor agency that has been issued a finding of completion by the Department of Finance: -(a) All real property and interests in real property identified in subparagraph (C) of paragraph (5) of subdivision (c) of Section 34179.5 shall be transferred to the Community Redevelopment Property Trust Fund of the successor agency upon approval by the Department of Finance of the long-range property management plan submitted by the successor agency pursuant to subdivision (b) of Section 34191.5 unless that property is subject to the requirements of any existing enforceable obligation. -(b) (1) Except as provided in subdivision (c), and notwithstanding subdivision (d) of Section 34171, upon application by the successor agency and approval by the oversight board, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created the redevelopment agency shall be deemed to be enforceable obligations provided that the oversight board makes a finding that the loan was for legitimate redevelopment purposes. -(2) If the oversight board finds that the loan is an enforceable obligation, the accumulated interest on the remaining principal amount of the loan shall be recalculated from origination at the interest rate earned by funds deposited into the Local Agency Investment Fund. The loan shall be repaid to the city, county, or city and county in accordance with a defined schedule over a reasonable term of years at an interest rate not to exceed the interest rate earned by funds deposited into the Local Agency Investment Fund. The annual loan repayments provided for in the recognized obligation payment schedules shall be subject to all of the following limitations: -(A) Loan repayments shall not be made prior to the 2013–14 fiscal year. Beginning in the 2013–14 fiscal year, the maximum repayment amount authorized each fiscal year for repayments made pursuant to this subdivision and paragraph (7) of subdivision (e) of Section 34176 combined shall be equal to one-half of the increase between the amount distributed to the taxing entities pursuant to paragraph (4) of subdivision (a) of Section 34183 in that fiscal year and the amount distributed to taxing entities pursuant to that paragraph in the 2012–13 base year, provided, however, that calculation of the amount distributed to taxing entities during the 2012–13 base year shall not include any amounts distributed to taxing entities pursuant to the due diligence review process established in Sections 34179.5 to 34179.8, inclusive. Loan or deferral repayments made pursuant to this subdivision shall be second in priority to amounts to be repaid pursuant to paragraph (7) of subdivision (e) of Section 34176. -(B) Repayments received by the city, county, or city and county that formed the redevelopment agency shall first be used to retire any outstanding amounts borrowed and owed to the Low and Moderate Income Housing Fund of the former redevelopment agency for purposes of the Supplemental Educational Revenue Augmentation Fund and shall be distributed to the Low and Moderate Income Housing Asset Fund established by subdivision (d) of Section 34176. -(C) Twenty percent of any loan repayment shall be deducted from the loan repayment amount and shall be transferred to the Low and Moderate Income Housing Asset Fund, after all outstanding loans from the Low and Moderate Income Housing Fund for purposes of the Supplemental Educational Revenue Augmentation Fund have been paid. -(c) (1) Notwithstanding subdivision (b) and subdivision (d) of Section 34171, upon application by the successor agency and approval by the oversight board, loan agreements entered into between a redevelopment agency and the City of San Joaquin, where the outstanding principal balance of the loan is one million two hundred fifty thousand ($1,250,000) or less, shall be deemed to be enforceable obligations if the oversight board makes all of the following findings: -(A) The loan was for legitimate redevelopment purposes. -(B) The loan was entered into more than two years after the creation of the former redevelopment agency, and prior to January 1, 2011. -(C) The loan was related to an indebtedness obligation. -(D) The loan is the only debt of the former redevelopment agency remaining to be paid on the recognized obligation payment schedule. -(E) The amount distributed to the taxing entities pursuant to paragraph (4) of subdivision (b) of Section 34183 in the previous fiscal year was less than two hundred fifty thousand dollars ($250,000). -(2) Repayments of a loan described in this subdivision are not subject to the requirements of paragraph (1) and subparagraph (A) of paragraph (2) of subdivision (b). The accumulated interest rate shall be recalculated from origination at the interest rate of 0.25 percent. -(d) (1) Bond proceeds derived from bonds issued on or before December 31, 2010, shall be used for the purposes for which the bonds were sold. -(2) (A) Notwithstanding Section 34177.3 or any other conflicting provision of law, bond proceeds in excess of the amounts needed to satisfy approved enforceable obligations shall thereafter be expended in a manner consistent with the original bond covenants. Enforceable obligations may be satisfied by the creation of reserves for projects that are the subject of the enforceable obligation and that are consistent with the contractual obligations for those projects, or by expending funds to complete the projects. An expenditure made pursuant to this paragraph shall constitute the creation of excess bond proceeds obligations to be paid from the excess proceeds. Excess bond proceeds obligations shall be listed separately on the Recognized Obligation Payment Schedule submitted by the successor agency. -(B) If remaining bond proceeds cannot be spent in a manner consistent with the bond covenants pursuant to subparagraph (A), the proceeds shall be used to defease the bonds or to purchase those same outstanding bonds on the open market for cancellation. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the special circumstances relating to the health and safety of the residents of the City of San Joaquin.","Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies, subject to review by oversight boards, and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law requires the Department of Finance to issue a finding of completion to a successor agency upon confirmation by the county auditor-controller that specified payments have been fully made by the successor agency. Existing law defines “enforceable obligation” for these purposes to generally exclude any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. However, existing law provides that upon application by the successor agency and approval by the oversight board, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created the redevelopment agency are deemed to be enforceable obligations provided that the oversight board makes a finding that the loan was for legitimate redevelopment purposes. -This bill would additionally provide that upon application by the successor agency and approval by the oversight board, loan agreements entered into between a redevelopment agency and the City of San Joaquin, where the outstanding principal balance of the loan is $1,250,000 or less, are enforceable obligations if the oversight board finds, among other things, that the loan was for legitimate redevelopment purposes, it was entered into more than 2 years after the creation of the former redevelopment agency and prior to January 1, 2011, and it is the only debt of the former redevelopment agency remaining to be paid on the recognized obligation payment schedule. -This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Joaquin.","An act to amend Section 34191.4 of the Health and Safety Code, relating to redevelopment." -822,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25143.2.5 is added to the Health and Safety Code, to read: -25143.2.5. -(a) For purposes of this section, the following definitions apply: -(1) “Cathode ray tube” or “CRT” means a vacuum tube or picture tube used to convert an electrical signal into a visual image. -(2) “CRT device” means any electronic device that contains one or more CRTs including, but not limited to, computer monitors, televisions, cash registers, and oscilloscopes. -(3) “CRT funnel glass” means any glass separated from CRT panel glass that is derived from the treatment of a CRT and that consists of the neck and funnel section of a CRT, including the frit. -(4) “CRT panel glass” means glass separated from CRT funnel glass that is derived from the treatment of a CRT and that consists only of the face plate of a CRT containing a phosphor viewing surface. CRT panel glass does not include the frit. -(5) “CRT panel glass without phosphor” means CRT panel glass that has undergone treatment by an authorized universal waste handler to remove the phosphor. -(b) Used, broken CRT panel glass that exceeds the total threshold limit concentration (TTLC) only for barium is not a waste and is not subject to regulation by the department pursuant to this chapter, including the prohibition on the use of that glass in a manner constituting disposal, if it is recycled and meets the requirements of Section 261.39 of Title 40 of the Code of Federal Regulations. -(c) CRT panel glass without phosphor that exceeds the TTLC only for barium is not a waste and is not subject to regulation by the department pursuant to this chapter, including the prohibition on the use of that glass in a manner constituting disposal, if that glass meets the requirements of Section 66273.81 of Title 22 of the California Code of Regulations and is managed in accordance with the requirements of Section 261.39 of Title 40 of the Code of Federal Regulations. -(d) CRT panel glass meeting the requirements of subdivision (b) or (c) that is recycled may be used only for the following end uses: -(1) Tiles, including floor or wall tiles. -(2) Fiberglass. -(3) Radiation shielding glass. -(4) Decorative glass. -(5) Bricks. -(6) Cast concrete. -(7) Blasting media. -(8) Construction block. -(9) Any other end uses identified by the department, in consultation with the Department of Resources Recycling and Recovery, that pose no risk to the public health and safety. -(e) The department may prohibit any previously authorized end use if the department determines that the end use potentially poses environmental or public health harm. The department shall notify the recyclers of the prohibition not less than 60 days prior to the effective date of the prohibition. -(f) Used, broken CRT panel glass and processed CRT panel glass that exceeds the TTLC only for barium and that is recycled is not subject to any requirement implementing this chapter regarding export of materials. -(g) Except regarding the barium threshold, this section does not affect, in any manner, the regulations adopted pursuant to this chapter regulating the processing of CRT panel glass for disposal. -(h) This section does not affect the identification or classification of a waste that is derived from the end use products listed in or identified pursuant to subdivision (d). -(i) This section does not affect, in any manner, the authority of the Department of Resources Recovery and Recycling under Section 41821.5 of, or Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30 of, the Public Resources Code. -(j) This section does not apply to any CRT panel glass that is used to manufacture any product or packaging intended to be used for food or food products, including pet food and livestock feeds, any medicines or drugs, any medical devices, any baby bottles, any other food service items, including wine glasses, plates, bowls, or drinking glasses, or any other manufactured articles or products for which the department declares that that use may have a potential adverse impact upon human health. Such a declaration by the department need not be risk-based and need not meet the peer review requirements that may otherwise be required by law. -(k) This section does not affect, in any manner, the Toxics in Packaging Prevention Act (Article 10.4 (commencing with Section 25214.11)) or the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5)). -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law prohibits the management of hazardous waste, except in accordance with the hazardous waste laws. Existing law requires the Department of Toxic Substances Control to regulate the management and disposal of hazardous waste. Under existing regulations, the department classifies a waste as hazardous waste if the waste exceeds certain total threshold limitation concentrations, which are established by the department for various substances, including barium. A violation of the hazardous waste laws is a crime. -This bill, except as specified, would provide that used, broken cathode ray tube (CRT) panel glass and processed CRT panel glass that exceeds the total threshold limit concentration only for barium is not a waste and is not subject to regulation by the department if that panel glass meets certain requirements. The bill would provide that used, broken CRT panel glass and processed CRT panel glass that is recycled is not subject to the department’s regulations on the export of materials. The bill would prohibit the use of that CRT panel glass except in specified end uses. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 25143.2.5 to the Health and Safety Code, relating to hazardous waste." -823,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) In March 2014, a gas leak was detected beneath the community of Arvin, California. Families were evacuated from their homes and unable to return for several months. -(b) Existing regulations for the regular testing and evaluation of smaller diameter pipelines like the one that leaked in Arvin, California were insufficient to protect that community from a serious gas leak. -(c) In view of the Arvin, California leak, the Division of Oil, Gas, and Geothermal Resources should review and reassess its existing regulations for active gas pipelines that are four inches or less in diameter and update its regulations to ensure the integrity of those active gas pipelines and to prevent, as far as possible, damage to life, health, property, and natural resources. -(d) Given its jurisdiction and expertise, the Division of Oil, Gas, and Geothermal Resources has the authority to determine the appropriate methods for assessing the integrity of active gas pipelines. -SEC. 2. -Section 101042 is added to the Health and Safety Code, to read: -101042. -(a) If the local health officer or his or her designee is notified of a leak in an active gas pipeline, that is within the jurisdiction of the Division of Oil, Gas, and Geothermal Resources and within a sensitive area, pursuant to Section 3270.6 of the Public Resources Code and the local health officer or his or her designee determines that the leak poses a risk to public health or safety and that the response to the leak has been inadequate to protect the public health or safety, the local health officer or his or her designee shall, working collaboratively with the division and the owner or operator of the pipeline, do both of the following: -(1) Direct the responsible party to test, to the satisfaction of the agency overseeing the testing, the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public. -(2) Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak, and require the responsible party to provide assistance, including temporary relocation, to those residents if the local health officer or his or her designee so determines. -(b) If the local health officer or his or her designee determines, based on the results of the test, that the leak poses a serious threat to public health and safety, the local health officer or his or her designee shall direct the responsible party to notify all residents affected by the leak. -(c) The responsible party shall be liable for the costs incurred by the local health officer or his or her designee pursuant to this section. -(d) Providing resident assistance and reimbursement for local health officer expenses shall not relieve a responsible party from liability for damages, and a responsible party shall not condition assistance or request a waiver of liability from the recipient of the assistance. -SEC. 3. -Section 3270.5 is added to the Public Resources Code, to read: -3270.5. -(a) (1) By January 1, 2018, the division shall review and evaluate, and update as appropriate, its existing regulations regarding all active gas pipelines that are four inches or less in diameter, located in sensitive areas, and 10 years old or older. The division shall make a written finding of its review and evaluation of these pipelines. -(2) In its review and evaluation, the division shall consider existing pipeline integrity, pipeline leak detection, and other pipeline assessment requirements imposed by other regulators to determine which of these forms of assessment meet the division’s needs. -(3) The regulations shall ensure the integrity and operation of these active gas pipelines pursuant to Sections 3106 and 3270. -(b) (1) By January 1, 2018, an operator of an active gas pipeline in a sensitive area shall submit to the division, as part of compliance with pipeline management plan requirements pursuant to Section 1774.2 of Title 14 of the California Code of Regulations, an up-to-date and accurate map identifying the location of the pipeline and other up-to-date and accurate locational information of the pipeline as determined and in a format specified by the division. -(2) The division shall perform random periodic spot check inspections to ensure that the information submitted pursuant to paragraph (1) is accurately reported. -(3) The division shall maintain a list of active gas pipelines in sensitive areas. -(c) For purposes of this section, the following terms are defined as follows: -(1) “Active gas pipeline” means an inservice gas pipeline regardless of diameter that is within the division’s jurisdiction. -(2) “Sensitive area” means any of the following: -(A) An area containing a building intended for human occupancy, such as a residence, school, hospital, or business, that is located within 300 feet of an active gas pipeline and that is not necessary to the operation of the pipeline. -(B) An area determined by the supervisor to present significant potential threat to life, health, property, or natural resources in the event of a leak from an active gas pipeline. -(C) An area determined by the supervisor to have an active gas pipeline that has a history of chronic leaks. -(d) This section does not affect or limit the authority of the supervisor pursuant to Section 3106, 3270, or any other section of this code, or any regulation implementing those sections. -SEC. 4. -Section 3270.6 is added to the Public Resources Code, to read: -3270.6. -Upon the discovery of a leak from an active gas pipeline that is within a sensitive area, as defined in Section 3270.5, the owner or operator of the pipeline shall promptly notify the division and the local health officer, or his or her designee, of the jurisdiction in which the leak is located. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the Division of Oil, Gas, and Geothermal Resources to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines that are not under the jurisdiction of the State Fire Marshal. Under the division’s regulations, an owner or operator of an active environmentally sensitive gas pipeline that is a gathering line or an urban pipeline over 4 inches in diameter is required to perform a mechanical integrity test on the pipeline every 2 years, unless it is less than 10 years old. -This bill would require the division, by January 1, 2018, to review and evaluate, and update as appropriate, its existing regulations regarding all active gas pipelines that are 4 inches or less in diameter, in sensitive areas, and 10 years old or older, as specified. The bill would define active gas pipelines as inservice gas pipelines of any diameter within the division’s jurisdiction. The bill would require operators of active gas pipelines in sensitive areas, by January 1, 2018, to submit to the division maps identifying the location of those pipelines and other locational information, as provided. The bill would require the division to perform random periodic spot check inspections to ensure that the submitted maps are accurately reported. The bill would require the division to maintain a list of active gas pipelines in sensitive areas. -Existing law establishes local health departments, under the purview of the local health officer. Existing law prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statutes relating to public health. -This bill would require a local health officer or his or her designee, if he or she is notified of a leak in an active gas pipeline within a sensitive area and makes certain determinations, to take certain actions related to the leak, working collaboratively with the division and the owner or operator of that pipeline. The bill would require the local public health officer or his or her designee to direct the responsible party to notify residents affected by the leak if he or she determines that the leak poses a serious threat to public health and safety. Because the bill would require a local health officer or his or her designee to provide a higher level of service to the public, this bill would impose a state-mandated local program. -This bill would require an owner or operator of an active gas pipeline in a sensitive area, upon discovery of a leak from the pipeline, to notify the division and the appropriate local health officer or his or her designee of the leak. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to add Section 101042 to the Health and Safety Code, and to add Sections 3270.5 and 3270.6 to the Public Resources Code, relating to oil and gas." -824,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) In recognition of the dignity and privacy a person has a right to expect, the law recognizes that adults housed in state prison have the fundamental right to control decisions relating to their own health care, including the decision to have life-sustaining treatment withheld or withdrawn. -(b) The determination of capacity for informed consent for adults housed in state prison is more appropriately conducted at the institution where the patient is housed and can attend, if he or she desires. -(c) Because of the confinement of these adults and their frequent movement between institutions, existing protections for patients regarding health care decisionmaking are inadequate. -(d) Existing statutory schemes centered on life-threatening emergent illness and court-ordered decisionmakers do not adequately address the needs of adults housed in state prison to have their capacity issues addressed and adjudicated by a neutral third party, even in the absence of a serious or life-threatening medical emergency. -SEC. 2. -Section 2604 is added to the Penal Code, to read: -2604. -(a) Except as provided in subdivision (b), an adult housed in state prison is presumed to have the capacity to give informed consent and make a health care decision, to give or revoke an advance health care directive, and to designate or disqualify a surrogate. This presumption is a presumption affecting the burden of proof. -(b) (1) Except as provided in Section 2602, a licensed physician or dentist may file a petition with the Office of Administrative Hearings to request that an administrative law judge make a determination as to a patient’s capacity to give informed consent or make a health care decision, and request appointment of a surrogate decisionmaker, if all of the following conditions are satisfied: -(A) The licensed physician or dentist is treating a patient who is an adult housed in state prison. -(B) The licensed physician or dentist is unable to obtain informed consent from the inmate patient because the physician or dentist determines that the inmate patient appears to lack capacity to give informed consent or make a health care decision. -(C) There is no person with legal authority to provide informed consent for, or make decisions concerning the health care of, the inmate patient. -(2) Preference shall be given to the next of kin or a family member as a surrogate decisionmaker over other potential surrogate decisionmakers unless those individuals are unsuitable or unable to serve. -(c) The petition required by subdivision (b) shall allege all of the following: -(1) The inmate patient’s current physical condition, describing the health care conditions currently afflicting the inmate patient. -(2) The inmate patient’s current mental health condition resulting in the inmate patient’s inability to understand the nature and consequences of his or her need for care such that there is a lack of capacity to give informed consent or make a health care decision. -(3) The deficit or deficits in the inmate patient’s mental functions as listed in subdivision (a) of Section 811 of the Probate Code. -(4) An identification of a link, if any, between the deficits identified pursuant to paragraph (3) and an explanation of how the deficits identified pursuant to that paragraph result in the inmate patient’s inability to participate in a decision about his or her health care either knowingly and intelligently or by means of a rational thought process. -(5) A discussion of whether the deficits identified pursuant to paragraph (3) are transient, fixed, or likely to change during the proposed year-long duration of the court order. -(6) The efforts made to obtain informed consent or refusal from the inmate patient and the results of those efforts. -(7) The efforts made to locate next of kin who could act as a surrogate decisionmaker for the inmate patient. If those individuals are located, all of the following shall also be included, so far as the information is known: -(A) The names and addresses of the individuals. -(B) Whether any information exists to suggest that any of those individuals would not act in the inmate patient’s best interests. -(C) Whether any of those individuals are otherwise suitable to make health care decisions for the inmate patient. -(8) The probable impact on the inmate patient with, or without, the appointment of a surrogate decisionmaker. -(9) A discussion of the inmate patient’s desires, if known, and whether there is an advance health care directive, Physicians Orders for Life Sustaining Treatment (POLST), or other documented indication of the inmate patient’s directives or desires and how those indications might influence the decision to issue an order. Additionally, any known POLST or Advanced Health Care Directives executed while the inmate patient had capacity shall be disclosed. -(10) The petitioner’s recommendation specifying a qualified and willing surrogate decisionmaker as described in subdivision (q), and the reasons for that recommendation. -(d) The petition shall be served on the inmate patient and his or her counsel, and filed with the Office of Administrative Hearings on the same day as it was served. The Office of Administrative Hearings shall issue a notice appointing counsel. -(e) (1) At the time the initial petition is filed, the inmate patient shall be provided with counsel and a written notice advising him or her of all of the following: -(A) His or her right to be present at the hearing. -(B) His or her right to be represented by counsel at all stages of the proceedings. -(C) His or her right to present evidence. -(D) His or her right to cross-examine witnesses. -(E) The right of either party to seek one reconsideration of the administrative law judge’s decision per calendar year. -(F) His or her right to file a petition for writ of administrative mandamus in superior court pursuant to Section 1094.5 of the Code of Civil Procedure. -(G) His or her right to file a petition for writ of habeas corpus in superior court with respect to any decision. -(2) Counsel for the inmate patient shall have access to all relevant medical and central file records for the inmate patient, but shall not have access to materials unrelated to medical treatment located in the confidential section of the inmate patient’s central file. Counsel shall also have access to all health care appeals filed by the inmate patient and responses to those appeals, and, to the extent available, any habeas corpus petitions or health care related litigation filed by, or on behalf of, the inmate patient. -(f) The inmate patient shall be provided with a hearing before an administrative law judge within 30 days of the date of filing the petition, unless counsel for the inmate patient agrees to extend the date of the hearing. -(g) The inmate patient, or his or her counsel, shall have 14 days from the date of filing of any petition to file a response to the petition, unless a shorter time for the hearing is sought by the licensed physician or dentist and ordered by the administrative law judge, in which case the judge shall set the time for filing a response. The response shall be served to all parties who were served with the initial petition and the attorney for the petitioner. -(h) In case of an emergency, as described in Section 3351 of Title 15 of the California Code of Regulations, the inmate patient’s physician or dentist may administer a medical intervention that requires informed consent prior to the date of the administrative hearing. Counsel for the inmate patient shall be notified by the physician or dentist. -(i) In either an initial or renewal proceeding, the inmate patient has the right to contest the finding of an administrative law judge authorizing a surrogate decisionmaker by filing a petition for writ of administrative mandamus pursuant to Section 1094.5 of the Code of Civil Procedure. -(j) In either an initial or renewal proceeding, either party is entitled to file one motion for reconsideration per calendar year in front of the administrative law judge following a determination as to an inmate patient’s capacity to give informed consent or make a health care decision. The motion may seek to review the decision for the necessity of a surrogate decisionmaker, the individual appointed under the order, or both. The motion for reconsideration shall not require a formal rehearing unless ordered by the administrative law judge following submission of the motion, or upon the granting of a request for formal rehearing by any party to the action based on a showing of good cause. -(k) (1) To renew an existing order appointing a surrogate decisionmaker, the current physician or dentist, or a previously appointed surrogate decisionmaker shall file a renewal petition. The renewal shall be for an additional year at a time. The renewal hearing on any order issued under this section shall be conducted prior to the expiration of the current order, but not sooner than 10 days after the petition is filed, at which time the inmate patient shall be brought before an administrative law judge for a review of his or her current medical and mental health condition. -(2) A renewal petition shall be served on the inmate patient and his or her counsel, and filed with the Office of Administrative Hearings on the same day as it was served. The Office of Administrative Hearings shall issue a written order appointing counsel. -(3) (A) The renewal hearing shall be held in accordance with subdivisions (d) to (g), inclusive. -(B) (i) At the time the renewal petition is filed, the inmate patient shall be provided with counsel and a written notice advising him or her of all of the following: -(I) His or her right to be present at the hearing. -(II) His or her right to be represented by counsel at all stages of the proceedings. -(III) His or her right to present evidence. -(IV) His or her right to cross-examine witnesses. -(V) The right of either party to seek one reconsideration of the administrative law judge’s decision per calendar year. -(VI) His or her right to file a petition for writ of administrative mandamus in superior court pursuant to Section 1094.5 of the Code of Civil Procedure. -(VII) His or her right to file a petition for writ of habeas corpus in superior court with respect to any decision. -(ii) Counsel for the inmate patient shall have access to all relevant medical and central file records for the inmate patient, but shall not have access to materials unrelated to medical treatment located in the confidential section of the inmate patient’s central file. Counsel shall also have access to all health care appeals filed by the inmate patient and responses to those appeals, and, to the extent available, any habeas corpus petitions or health care related litigation filed by, or on behalf of, the inmate patient. -(4) The renewal petition shall request the matter be reviewed by an administrative law judge, and allege all of the following: -(A) The current status of each of the elements set forth in paragraphs (1) to (8), inclusive, of subdivision (c). -(B) Whether the inmate patient still requires a surrogate decisionmaker. -(C) Whether the inmate patient continues to lack capacity to give informed consent or make a health care decision. -(l) A licensed physician or dentist who submits a petition pursuant to this section shall not be required to obtain a court order pursuant to Section 3201 of the Probate Code prior to administering care that requires informed consent. -(m) This section does not affect the right of an inmate patient who has been determined to lack capacity to give informed consent or make a health care decision and for whom a surrogate decisionmaker has been appointed to do either of the following: -(1) Seek appropriate judicial relief to review the determination or appointment by filing a petition for writ of administrative mandamus pursuant to Section 1094.5 of the Code of Civil Procedure. -(2) File a petition for writ of habeas corpus in superior court regarding the determination or appointment, or any treatment decision by the surrogate decisionmaker. -(n) A licensed physician or other health care provider whose actions under this section are in accordance with reasonable health care standards, a surrogate decisionmaker appointed pursuant to this section, and an administrative law judge shall not be liable for monetary damages or administrative sanctions for his or her decisions or actions consistent with this section and the known and documented desires of the inmate patient, or if unknown, the best interests of the inmate patient. -(o) The determinations required to be made pursuant to subdivisions (c) and (k), and the basis for those determinations, shall be documented in the inmate patient’s medical record. -(p) (1) With regard to any petition filed pursuant to subdivision (c) or (k), the administrative law judge shall determine and provide a written order and findings setting forth whether there has been clear and convincing evidence that all of the following occurred: -(A) Adequate notice and an opportunity to be heard has been given to the inmate patient and his or her counsel. -(B) Reasonable efforts have been made to obtain informed consent from the inmate patient. -(C) As a result of one or more deficits in his or her mental functions, the inmate patient lacks capacity to give informed consent or make a health care decision and is unlikely to regain that capacity over the next year. -(D) Reasonable efforts have been made to identify family members or relatives who could serve as a surrogate decisionmaker for the inmate patient. -(2) The written decision shall also specify and describe any advance health care directives, POLST, or other documented indication of the inmate patient’s directives or desires regarding health care that were created and validly executed while the inmate patient had capacity. -(q) (1) If all findings required by subdivision (p) are made, the administrative law judge shall appoint a surrogate decisionmaker for health care for the inmate patient. In doing so, the administrative law judge shall consider all reasonable options presented, including those identified in the petition, and weigh how the proposed surrogate decisionmaker would represent the best interests of the inmate patient, the efficacy of achieving timely surrogate decisions, and the urgency of the situation. Family members or relatives of the inmate patient should be appointed when possible if such an individual is available and the administrative law judge determines the family member or relative will act in the inmate patient’s best interests. -(2) An employee of the Department of Corrections and Rehabilitation, or other peace officer, shall not be appointed surrogate decisionmaker for health care for any inmate patient under this section, unless either of the following conditions apply: -(A) The individual is a family member or relative of the inmate patient and will, as determined by the administrative law judge, act in the inmate patient’s best interests and consider the inmate patient’s personal values and other wishes to the extent those values and wishes are known. -(B) The individual is a health care staff member in a managerial position and does not provide direct care to the inmate patient. A surrogate decisionmaker appointed under this subparagraph may be specified by his or her functional role at the institution, such as “Chief Physician and Surgeon” or “Chief Medical Executive” to provide clarity as to the active decisionmaker at the institution where the inmate patient is housed, and to anticipate potential personnel changes. When the surrogate decisionmaker is specified by position, rather than by name, the person occupying that specified role at the institution at which the inmate patient is currently housed shall be considered and act as the appointed surrogate decisionmaker. -(3) The order appointing the surrogate decisionmaker shall be written and state the basis for the decision by reference to the particular mandates of this subdivision. The order shall also state that the surrogate decisionmaker shall honor and follow any advance health care directive, POLST, or other documented indication of the inmate patient’s directives or desires, and specify any such directive, order, or documented desire. -(4) The surrogate decisionmaker shall follow the inmate patient’s personal values and other wishes to the extent those values and wishes are known. -(r) The administrative law judge’s written decision and order appointing a surrogate decisionmaker shall be placed in the inmate patient’s Department of Corrections and Rehabilitation health care record. -(s) An order entered under this section is valid for one year and the expiration date shall be written on the order. The order shall be valid at any state correctional facility within California. If the inmate patient is moved, the sending institution shall inform the receiving institution of the existence of an order entered under this section. -(t) (1) This section applies only to orders appointing a surrogate decisionmaker with authority to make a health care decision for an inmate patient who lacks capacity to give informed consent or make a health care decision. -(2) This section does not apply to existing law regarding health care to be provided in an emergency or existing law governing health care for unemancipated minors. This section shall not be used for the purposes of determining or directing an inmate patient’s control over finances, marital status, or for convulsive treatment, as described in Section 5325 of the Welfare and Institutions Code, psychosurgery, as defined in Section 5325 of the Welfare and Institutions Code, sterilization, abortion, or involuntary administration of psychiatric medication, as described in Section 2602. -(u) The Secretary of the Department of Corrections and Rehabilitation may adopt regulations as necessary to carry out the purposes of this section.","Existing law provides for the designation and selection of health care surrogates, and for the manner of making health care decisions for patients without surrogates. -Existing law prohibits the administration of psychiatric medication to an inmate in state prison on a nonemergency basis without the inmate’s informed consent, unless certain conditions are satisfied, including, among other things, that a psychiatrist determines that the inmate is gravely disabled and does not have the capacity to refuse treatment with psychiatric medication. Existing law authorizes a physician to administer psychiatric medication to a prison inmate in specified emergency situations. -This bill would, except as provided, establish a process for a licensed physician or dentist to file a petition with the Office of Administrative Hearings to request that an administrative law judge make a determination as to a patient’s capacity to give informed consent or make a health care decision, and request appointment of a surrogate decisionmaker, if the patient is an adult housed in state prison, the physician or dentist is unable to obtain informed consent from the inmate patient because the physician or dentist determines that the inmate patient appears to lack capacity to provide informed consent or make a health care decision, and there is no person with legal authority to provide informed consent for, or make decisions concerning the health care of, the inmate patient. The bill would require the petition to contain specified information, including, among other things, the inmate patient’s current physical condition and a description of the health care conditions currently afflicting the inmate patient. -This bill would require that the petition be served on the inmate patient and his or her counsel, and filed with the office, as provided. The bill would also require that the inmate patient be provided with counsel and a written notice advising him or her of, among other things, the inmate patient’s right to be present at the hearing. Except as specified, the bill would require that the inmate patient be provided with a hearing before an administrative law judge within 30 days of the date of filing the petition. In case of an emergency, as defined, the bill would authorize the inmate patient’s physician or dentist to administer a medical intervention that requires informed consent prior to the date of the administrative hearing and would require that counsel for the inmate patient be notified by the physician or dentist. The bill would require the administrative law judge to determine and provide a written order and findings setting forth whether there has been clear and convincing evidence that, among other things, the inmate patient lacks capacity to give informed consent or make a health care decision. If the findings required by these provisions are made, the bill would require the administrative law judge to appoint a surrogate decisionmaker for health care for the inmate patient, as provided, which would be valid for one year and would be valid at any state correctional facility within California. The bill would also provide for a process to renew the appointment of the surrogate decisionmaker. The bill would authorize the Secretary of the Department of Corrections and Rehabilitation to adopt regulations as necessary to carry out these provisions.","An act to add Section 2604 to the Penal Code, relating to medical treatment of prisoners." -825,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 8880.5 of the Government Code is amended to read: -8880.5. -Allocations for education: -The California State Lottery Education Fund is created within the State Treasury, and is continuously appropriated for carrying out the purposes of this chapter. The Controller shall draw warrants on this fund and distribute them quarterly in the following manner, provided that the payments specified in subdivisions (a) to (g), inclusive, shall be equal per capita amounts. -(a) (1) Payments shall be made directly to public school districts, including county superintendents of schools, serving kindergarten and grades 1 to 12, inclusive, or any part thereof, on the basis of an equal amount for each unit of average daily attendance, as defined by law and adjusted pursuant to subdivision (l). -(2) For purposes of this paragraph, in each of the 2008–09, 2009–10, 2010–11, 2011–12, 2012–13, 2013–14, and 2014–15 fiscal years, the number of units of average daily attendance in each of those fiscal years for programs for public school districts, including county superintendents of schools, serving kindergarten and grades 1 to 12, inclusive, shall include the same amount of average daily attendance for classes for adults and regional occupational centers and programs used in the calculation made pursuant to this subdivision for the 2007–08 fiscal year. -(b) Payments shall also be made directly to public school districts serving community colleges, on the basis of an equal amount for each unit of average daily attendance, as defined by law. -(c) Payments shall also be made directly to the Board of Trustees of the California State University on the basis of an amount for each unit of equivalent full-time enrollment. Funds received by the trustees shall be deposited in and expended from the California State University Lottery Education Fund, which is hereby created -, -or, at the discretion of the trustees, deposited in local trust accounts in accordance with subdivision (j) of Section 89721 of the Education Code. -(d) Payments shall also be made directly to the Regents of the University of California on the basis of an amount for each unit of equivalent full-time enrollment. -(e) Payments shall also be made directly to the Board of Directors of the Hastings College of the Law on the basis of an amount for each unit of equivalent full-time enrollment. -(f) Payments shall also be made directly to the Department of the Youth Authority for educational programs serving kindergarten and grades 1 to 12, inclusive, or any part thereof, on the basis of an equal amount for each unit of average daily attendance, as defined by law. -(g) Payments shall also be made directly to the two California Schools for the Deaf, the California School for the Blind, and the three Diagnostic Schools for Neurologically Handicapped Children, on the basis of an amount for each unit of equivalent full-time enrollment. -(h) Payments shall also be made directly to the State Department of Developmental Services and the State Department of State Hospitals for clients with developmental or mental disabilities who are enrolled in state hospital education programs, including developmental centers, on the basis of an equal amount for each unit of average daily attendance, as defined by law. -(i) No Budget Act or other statutory provision shall direct that payments for public education made pursuant to this chapter be used for purposes and programs (including workload adjustments and maintenance of the level of service) authorized by Chapters 498, 565, and 1302 of the Statutes of 1983, Chapter 97 or 258 of the Statutes of 1984, or Chapter 1 of the Statutes of the 1983–84 Second Extraordinary Session. -(j) School districts and other agencies receiving funds distributed pursuant to this chapter may at their option utilize funds allocated by this chapter to provide additional funds for those purposes and programs prescribed by subdivision (i) for the purpose of enrichment or expansion. -(k) -(1) -As a condition of receiving any moneys pursuant to subdivision (a) or (b), each school district and county superintendent of schools shall establish a separate account for the receipt and expenditure of those moneys, which account shall be clearly identified as a lottery education account. -(2) The commission shall collect, and make publicly available on the commission’s Internet Web site, information related to the separate lottery education accounts required pursuant to paragraph (1). -(l) Commencing with the 1998–99 fiscal year, and each year thereafter, for purposes of subdivision (a), average daily attendance shall be increased by the statewide average rate of excused absences for the 1996–97 fiscal year as determined pursuant to the provisions of Chapter 855 of the Statutes of 1997. The statewide average excused absence rate, and the corresponding adjustment factor required for the operation of this subdivision, shall be certified to the Controller by the Superintendent of Public Instruction. -(m) It is the intent of this chapter that all funds allocated from the California State Lottery Education Fund shall be used exclusively for the education of pupils and students and no funds shall be spent for acquisition of real property, construction of facilities, financing of research, or any other noninstructional purpose. -SEC. 2. -The Legislature finds and declares that this act furthers the purpose of the California State Lottery Act of 1984, enacted by Proposition 37 at the November 6, 1984, general election.","(1) The California State Lottery Act of 1984, enacted by initiative, authorizes a California State Lottery and provides for its operation and administration by the California State Lottery Commission and the Director of the California State Lottery, with certain limitations. The act requires each school district and county superintendent of schools, as condition of receiving any moneys from the California State Lottery, to establish a separate account for the receipt and expenditure of those moneys, which is required to be clearly identified as a lottery education account. -This bill would require the commission to collect, and make publicly available on the commission’s Internet Web site, information related to those separate lottery education accounts of each school district and county superintendent of schools. -(2) The California State Lottery Act of 1984, an initiative measure, specifies that none of its provisions may be changed except to further its purpose by a bill passed by a -2/3 -vote of each house of the Legislature and signed by the Governor. -This bill would declare that its provisions further the purposes of the act.","An act to amend Section 8880.5 of the Government Code, relating to education allocations: local lottery education accounts." -826,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1190 of the Harbors and Navigation Code is amended to read: -1190. -(a) Every vessel spoken inward or outward bound shall pay the following rate of bar pilotage through the Golden Gate and into or out of the Bays of San Francisco, San Pablo, and Suisun: -(1) Eight dollars and eleven cents ($8.11) per draft foot of the vessel’s deepest draft and fractions of a foot pro rata, and an additional charge of 73.01 mills per high gross registered ton as changed pursuant to law in effect on December 31, 1999. The mill rates established by this paragraph may be changed as follows: -(A) (i) On and after January 1, 2010, if the number of pilots licensed by the board is 58 or 59 pilots, the mill rate in effect on December 31, 2006, shall be decreased by an incremental amount that is proportionate to one-half of the last audited annual average net income per pilot for each pilot licensed by the board below 60 pilots. -(ii) On and after January 1, 2010, if the number of pilots licensed by the board is fewer than 58 pilots, the mill rate in effect on December 31, 2006, shall be adjusted in accordance with the method described in clause (i) as though there are 58 pilots licensed by the board. -(iii) The incremental mill rate adjustment authorized by this subparagraph shall be calculated using the data reported to the board for the number of gross registered tons handled by pilots licensed under this division during the same 12-month period as the audited annual average net income per pilot. The incremental mill rate adjustment shall become effective at the beginning of the immediately following quarter, commencing January 1, April 1, July 1, or October 1, as directed by the board. -(iv) On and after January 1, 2010, if, during any quarter described in this paragraph, the number of pilots licensed by the board is equal to or greater than 60, clauses (i) to (iii), inclusive, shall become inoperative on the first day of the immediately following quarter. -(B) There shall be an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover the pilots’ costs of obtaining new pilot boats and of funding design and engineering modifications for the purposes of extending the service life of existing pilot boats, excluding costs for repair or maintenance. The incremental mill rate charge authorized by this subparagraph shall be identified as a pilot boat surcharge on the pilots’ invoices and separately accounted for in the accounting required by Section 1136. Net proceeds from the sale of existing pilot boats shall be used to reduce the debt on the new pilot boats and any debt associated with the modification of pilot boats under this subparagraph. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats under this subparagraph, including, but not limited to, reduced repair and maintenance expenses. -(C) In addition to the incremental rate specified in subparagraph (B), the mill rate established by this subdivision may be adjusted at the direction of the board if, after a hearing conducted pursuant to Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, the board determines that there has been a catastrophic cost increase to the pilots that would result in at least a 2-percent increase in the overall annual cost of providing pilot services. -(2) A minimum charge for bar pilotage shall be six hundred sixty-two dollars ($662) for each vessel piloted. -(3) The vessel’s deepest draft shall be the maximum draft attained, on a stillwater basis, at any part of the vessel during the course of such transit inward or outward. -(b) The rate specified in subdivision (a) shall apply only to a pilotage that passes through the Golden Gate to or from the high seas to or from a berth within an area bounded by the Union Pacific Railroad Bridge to the north and Hunter’s Point to the south. The rate for pilotage to or from the high seas to or from a point past the Union Pacific Railroad Bridge or Hunter’s Point shall include a movement fee in addition to the basic bar pilotage rate as specified by the board pursuant to Section 1191. -(c) The rate established in paragraph (1) of subdivision (a) shall be for a trip from the high seas to dock or from the dock to high seas. The rate specified in Section 1191 shall not be charged by pilots for docking and undocking vessels. This subdivision does not apply to the rates charged by inland pilots for their services. -(d) The board shall determine the number of pilots to be licensed based on the 1986 manpower study adopted by the board. -(e) Consistent with the board’s May 2002 adoption of rate recommendations, the rates imposed pursuant to paragraph (1) of subdivision (a) that are in effect on December 31, 2002, shall be increased by 4 percent on January 1, 2003; those in effect on December 31, 2003, shall be increased by 4 percent on January 1, 2004; those in effect on December 31, 2004, shall be increased by 3 percent on January 1, 2005; and those in effect on December 31, 2005, shall be increased by 3 percent on January 1, 2006. -SEC. 2. -Section 1190.4 is added to the Harbors and Navigation Code, to read: -1190.4. -(a) There shall be a movement fee imposed as is necessary and authorized by the board to recover a pilot’s costs for the purchase, lease, or maintenance of navigation software, hardware, and ancillary equipment that is authorized by the board as reasonable and necessary on or after January 1, 2017. -(b) The software, equipment, and technology covered by this section shall be used strictly and exclusively to aid in piloting on the pilotage grounds. -(c) The movement fee authorized by this section shall be identified as a navigation technology surcharge on a pilot’s invoices and separately accounted for in the accounting required by subdivision (b) of Section 1136. -(d) The cumulative amount of the surcharge collected pursuant to this section shall not exceed one million two hundred thousand dollars ($1,200,000). -(e) The board shall review and adjust as necessary the navigation technology surcharge authorized by this section at least quarterly. -(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.","Existing law provides for the regulation and licensure of pilots for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun by the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun within the Transportation Agency. Existing law prescribes the rates of bar pilotage fees and other surcharges required to be charged by pilots and paid by vessels inward or outward bound through those bays. -Existing law, until January 1, 2011, authorized the board to authorize a movement fee, to be paid as a navigation technology surcharge, in order to recover the pilots’ costs for the purchase, lease, or maintenance of navigation software, hardware, and ancillary equipment purchased after November 5, 2008, and before January 1, 2011. -This bill would, until January 1, 2021, authorize the board to authorize that fee, not to exceed a cumulative amount of $1,200,000, to be paid as a navigation technology surcharge, in order to recover the pilots’ costs for that software, hardware, and ancillary equipment that is authorized by the board as reasonable and necessary on or after January 1, 2017.","An act to amend Section 1190 of, and to add and repeal Section 1190.4 of, the Harbors and Navigation Code, relating to bar pilots." -827,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12300.3 is added to the Welfare and Institutions Code, to read: -12300.3. -(a) For purposes of this section, “authorized representative” means an individual who is designated in writing, on a form developed by the department, by an applicant for or recipient of in-home supportive services pursuant to this article, to accompany, assist, and represent the applicant or recipient for purposes related to the program, including, but not limited to, the application process, direction of services, and redetermination of eligibility. -(b) An applicant or recipient may designate an individual to act as his or her authorized representative for the purposes described in subdivision (a) on a form that does all of the following: -(1) Specifies an effective time period, to be determined by the department. -(2) Specifies the responsibilities to be performed by the authorized representative. -(3) May be revoked or changed by the applicant or recipient at any time. -(c) The authorized representative designation pursuant to this section shall not authorize representation for an administrative hearing conducted by the department. An applicant or recipient shall comply with Section 10950 to designate an authorized representative for the purposes of an administrative hearing. -(d) The authorized representative shall have the responsibility to act in the applicant or recipient’s best interest, shall not have any other power to act on behalf of the applicant or recipient, except as specified in writing pursuant to this section, and shall not act in lieu of the applicant or recipient. -(e) (1) An applicant or recipient who has a legal representative with the legal authority to act on behalf of the applicant or recipient that includes decisionmaking authority for purposes reasonably believed to be related to the program, as described in subdivision (a), shall not be required to complete an authorized representative form, except for the purpose specified in subdivision (g). -(2) A legal representative may designate an authorized representative for the applicant or recipient in accordance with the requirements of this section. -(3) For purposes of this subdivision, a legal representative shall include both of the following: -(A) A court-appointed guardian or conservator. -(B) For an applicant or recipient who is a minor, a parent or other individual determined by the county human services agency to be the legally authorized decisionmaker for the applicant or recipient. -(f) (1) The following individuals shall not serve as an authorized representative for an applicant or recipient: -(A) An individual who is prevented from being a provider of services pursuant to Section 12305.81. -(B) An individual who is prevented from being a provider of services pursuant to Section 12305.87. -(2) The prohibitions described in paragraph (1) shall not apply to an individual described in subdivision (e). -(g) An authorized representative may sign timesheets or other provider-related documents for in-home supportive services on behalf of the recipient, if specified by the recipient on the authorized representative form. Notwithstanding any other law, an authorized representative who is a provider of services for the recipient may not sign his or her own timesheet on behalf of the recipient unless the authorized representative is an individual specified in subdivision (e). For administrative processing purposes, a legal representative specified in subdivision (e) shall complete an authorized representative form to sign timesheets or other provider-related documents for in-home supportive services on behalf of the recipient. -(h) (1) The department, in consultation with the State Department of Health Care Services, the County Welfare Directors Association of California, representatives of applicants for and recipients of services under this article, and representatives of providers of services under this article, shall develop a standardized statewide form and procedures for effectuating the designation of an authorized representative pursuant to this section. -(2) The standard agreement form shall include a notification regarding the requirements of this subdivision and a statement that by signing the agreement, the individual designated as an authorized representative agrees to abide by those requirements. -(i) When an applicant or recipient designates an authorized representative on the authorized representative form, the county shall retain the original form in the applicant or recipient’s in-home supportive services case file. The form may be electronically retained. The county shall provide copies of the form to the applicant or recipient and to the individual designated as the authorized representative. -(j) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations implementing these provisions no later than July 1, 2016. The department may readopt any emergency regulation authorized by this section that is the same as or substantially equivalent to an emergency regulation previously adopted under this section. -(2) The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State, and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified aged, blind, or disabled persons are provided with supportive services in order to permit them to remain in their own homes and avoid institutionalization. Existing law specifies that supportive services include, among other things, domestic services, personal care services, and paramedical services that make it possible for the recipient to establish and maintain an independent living arrangement. -This bill would authorize an applicant for, or recipient of, in-home supportive services to designate an individual to act as his or her authorized representative for purposes of the IHSS program. The bill would define “authorized representative” to mean an individual who is designated in writing, on a form developed by the State Department of Social Services, by an applicant or recipient to accompany, assist, and represent the applicant or recipient for specified purposes related to the program. The bill would require the form to specify the responsibilities to be performed by the authorized representative and to provide that the designation may be changed or revoked at any time by the applicant or recipient. The bill would also provide that the authorized representative has the responsibility to act in the applicant or recipient’s best interest. The bill would exclude certain persons from serving as an authorized representative, including a person who is prohibited from being a provider of services following a conviction for, or incarceration following a conviction for, fraud against a government health care or supportive services program. The bill would require the department, in consultation with specified parties, including representatives of applicants for, and recipients of, services, to develop a form for this purpose, as specified. The bill would require a county to retain the original form that designates an authorized representative in the applicant or recipient’s IHSS case file, and to provide copies of the form to the applicant or recipient and to the authorized representative. By creating additional duties for local officials, the bill would impose a state-mandated local program. The bill would authorize the department to implement and administer these provisions through all-county letters or similar instructions until regulations are adopted, and would require the department to, no later than July 1, 2016, adopt emergency regulations. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 12300.3 to the Welfare and Institutions Code, relating to public social services." -828,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 13332.19 of the Government Code is amended to read: -13332.19. -(a) For the purposes of this section, the following definitions shall apply: -(1) “Design-build” means a construction procurement process in which both the design and construction of a project are procured from a single entity. -(2) “Design-build project” means a capital outlay project using the design-build construction procurement process. -(3) “Design-build entity” means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed. -(4) “Design-build solicitation package” means the performance criteria, any concept drawings, the form of contract, and all other documents and information that serve as the basis on which bids or proposals will be solicited from the design-build entities. -(5) “Design-build phase” means the period following the award of a contract to a design-build entity in which the design-build entity completes the design and construction activities necessary to fully complete the project in compliance with the terms of the contract. -(6) “Performance criteria” means the information that fully describes the scope of the proposed project and includes, but is not limited to, the size, type, and design character of the buildings and site; the required form, fit, function, operational requirements, and quality of design, materials, equipment, and workmanship; and any other information deemed necessary to sufficiently describe the state’s needs. Performance criteria may include concept drawings, which include any schematic drawings or architectural renderings that are prepared in the detail necessary to sufficiently describe the state’s needs. -(b) (1) Except as otherwise specified in subparagraphs (A) to -(D), -(E), -inclusive, of paragraph (2) funds appropriated for a design-build project shall not be expended by any state agency, including, but not limited to, the University of California, the California State University, the California Community Colleges, and the Judicial Council, until the Department of Finance and the State Public Works Board have approved performance criteria. -(2) This section shall not apply to any of the following: -(A) Amounts for acquisition of real property, in fee or any lesser interest. -(B) Amounts for equipment or minor capital outlay projects. -(C) Amounts appropriated for performance criteria. -(D) Amounts appropriated for preliminary plans, if the appropriation was made prior to January 1, 2005. -(E) Amounts appropriated for projects at the Salton Sea. -(c) Any appropriated amounts for the design-build phase of a design-build project, where funds have been expended on the design-build phase by any state agency prior to the approval of the performance criteria by the State Public Works Board, and all amounts not approved by the board under this section shall be reverted to the fund from which the appropriation was made. A design-build project for which a capital outlay appropriation is made shall not be put out to design-build solicitation until the bid package has been approved by the Department of Finance. A substantial change shall not be made to the performance criteria as approved by the board and the Department of Finance without written approval by the Department of Finance. The Department of Finance shall approve any proposed bid or proposal alternates set forth in the design-build solicitation package. -(d) The State Public Works Board may augment a design-build project in an amount of up to 20 percent of the capital outlay appropriations for the project, irrespective of whether any such appropriation has reverted. For projects authorized through multiple fund sources, including, but not limited to, general obligation bonds and lease-revenue bonds, to the extent permissible, the Department of Finance shall have full authority to determine which of the fund sources will bear all or part of an augmentation. The board shall defer all augmentations in excess of 20 percent of the amount appropriated for each design-build project until the Legislature makes additional funds available for the specific project. -(e) In addition to the powers provided by Section 15849.6, the State Public Works Board may further increase the additional amount in Section 15849.6 to include a reasonable construction reserve within the construction fund for any capital outlay project without augmenting the project. The amount of the construction reserve shall be within the 20 percent augmentation limitation. The board may use this amount to augment the project, when and if necessary, after the lease-revenue bonds are sold to ensure completion of the project. -(f) Any augmentation in excess of 10 percent of the amounts appropriated for each design-build project shall be reported to the Chairperson of the Joint Legislative Budget Committee, or his or her designee, 20 days prior to board approval, or not sooner than whatever lesser time the chairperson, or his or her designee, may in each instance determine. -(g) (1) The Department of Finance may change the administratively or legislatively approved scope for major design-build projects. -(2) If the Department of Finance changes the approved scope pursuant to paragraph (1), the department shall report the changes and associated cost implications to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and the legislative members of the State Public Works Board 20 days prior to the proposed board action to recognize the scope change. -(h) The Department of Finance shall report to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and the legislative members of the State Public Works Board 20 days prior to the proposed board approval of performance criteria for any project when it is determined that the estimated cost of the total design-build project is in excess of 20 percent of the amount recognized by the Legislature. -SEC. 2. -Section 10187.5 of the Public Contract Code is amended to read: -10187.5. -For purposes of this article, the following definitions and the definitions in subdivision (a) of Section 13332.19 of the Government Code shall apply: -(a) “Best value” means a value determined by evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the department and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring agency, or a tradeoff between price and other specified factors. -(b) “Construction subcontract” means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team. -(c) -(1) -“Department” means the Department of General Services and the Department of Corrections and Rehabilitation. -(2) For the purposes of projects at the Salton Sea, “department” means the Department of Water Resources. -(d) “Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity. -(e) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract. -(f) “Design-build team” means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors. -(g) -(1) -“Director” means, with respect to procurements undertaken by the Department of General Services, the Director of General Services or, with respect to procurements undertaken by the Department of Corrections and Rehabilitation, the secretary of that department. -(2) For purposes of projects at the Salton Sea, “director” means the Director of Water Resources. -SEC. 3. -Section 10190 of the Public Contract Code is amended to read: -10190. -(a) -The director shall notify the State Public Works Board regarding the method to be used for selecting the design-build entity, prior to advertising the design-build project. -(b) Notwithstanding subdivision (a), for purposes of projects at the Salton Sea, the Director of the Department of Water Resources shall notify the California Water Commission regarding the method to be used for selecting the design-build entry, prior to advertising the design-build project. -SECTION 1. -Section 6300 of the -Government Code -is amended to read: -6300. -The following definitions govern this chapter: -(a)“Act of Congress” means the act of Congress approved June 18, 1934, entitled “An act to provide for the establishment, operation, and maintenance of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes” (Public Law 73-397; 48 Stat. 998). -(b)“Public corporation” means the state, any political subdivision thereof, any incorporated municipality therein, any public agency of the state, of any political subdivision thereof, or of any municipality therein, or any corporate municipal instrumentality of this state or of this state and one or more other states. -(c)“Private corporation” means an entity organized under the laws of the state subsequent to September 15, 1935, for the purpose of establishing, operating, and maintaining a foreign-trade zone in accordance with the Act of Congress. -SEC. 2. -Section 6301 of the -Government Code -is repealed. -SEC. 3. -Section 6302 of the -Government Code -is amended to read: -6302. -(a)Any public corporation may apply for the privilege of establishing, operating, and maintaining a foreign-trade zone in accordance with the act of Congress. -(b)Any private corporation may apply for the privilege of establishing, operating, and maintaining a foreign-trade zone in accordance with the act of Congress. -SEC. 4. -Section 6303 of the -Government Code -is repealed. -SEC. 5. -Section 6304 of the -Government Code -is amended to read: -6304. -Any public or private corporation authorized by this chapter to make an application and whose application is granted pursuant to the terms of the act of Congress may establish, operate, and maintain the foreign-trade zone: -(a)Subject to the conditions and restrictions of the act of Congress, and any amendments thereto. -(b)Under such rules and regulations and for the period of time that may be prescribed by the board established by the act of Congress to carry out the act. -SEC. 6. -Section 6305 of the -Government Code -is repealed.","Existing law, except as specified, prohibits any state agency from expending funds appropriated for design-build projects until the Department of Finance and the State Public Works Board have approved performance criteria for the project. -This bill would include among the exceptions to those provisions amounts appropriated for projects at the Salton Sea. -Existing law requires either the Director of General Services or the Secretary of the Department of Corrections and Rehabilitation to notify the State Public Works Board regarding the method to be used for selecting a design-build entity, prior to advertising the design-build project. -This bill would, for purposes of projects at the Salton Sea, instead require the Director of the Department of Water Resources to notify the California Water Commission regarding the method to be used for selecting a design-build entry, prior to advertising a design-build project. -The bill would make other conforming changes. -Existing law authorizes any public corporation, as defined, and specified private corporations to apply for the privilege of establishing, operating, and maintaining a foreign-trade zone in accordance with federal law, and provides that any public or private corporation whose application is granted pursuant to federal law is authorized to establish, operate, and maintain a foreign-trade zone, subject to specified conditions. Existing law also authorizes a public corporation, if authorized to establish, operate, and maintain a foreign trade zone, to provide the United States with indemnity or assurance and to deposit sums of money with the United States as requested. -This bill would combine and reorganize these provisions and would repeal that indemnity and assurance provision.","An act to amend -Sections 6300, 6302, and 6304 of, and to repeal Sections 6301, 6303, and 6305 of, the Government Code, relating to state government. -Section 13332.19 of the Government Code, and to amend Sections 10187.5 and 10190 of the Public Contract Code, relating to public contracts." -829,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14548 is added to the -Public Resources Code -, to read: -14548. -(a)For purposes of this section, “PET plastic packaging” means beverage containers or food or drink packaging material consisting primarily of polyethylene terephthalate (PET) and used to contain food or beverages. -(b)On and after January 1, 2017, and annually thereafter, every manufacturer of PET plastic packaging for sale in the state shall report to the department, in a manner determined by the department, both of the following: -(1)The total amount of tons of new PET plastic packaging made for sale by that manufacturer. -(2)The total amount of postfilled PET plastic used in the manufacturing of that packaging. -(c)On and after July 1, 2016, each manufacturer of PET plastic packaging for sale in the state shall include a minimum of 10 percent of postfilled PET plastic in the PET plastic packaging that it manufactures, measured in the aggregate, on an annual basis. -SEC. 2. -Section 14549 of the -Public Resources Code -is amended to read: -14549. -(a)Every glass container manufacturer shall report to the department each month, by a method as determined by the department, the amount of total tons of new glass food, drink, and beverage containers made in California by that glass container manufacturer and the tons of California postfilled glass used in the manufacturing of those new containers. -(b)Each glass container manufacturer in the state, including a glass container manufacturer who imports glass containers from outside of the state for filling, shall use a minimum percentage of 35 percent of postfilled glass in the manufacturing of its glass food, drink, or beverage containers measured in the aggregate, on an annual basis, except that if a glass container manufacturer demonstrates to the satisfaction of the department that its use of postfilled glass during the annual period is made up of at least 50 percent mixed-color cullet, then that manufacturer shall use a minimum percentage of 25 percent postfilled glass in the manufacturing of its glass food, drink, or beverage containers, measured in the aggregate, on an annual basis. -(c)A glass container manufacturer may seek a reduction or waiver of the minimum postfilled glass percentage required to be used in the manufacture of glass food, drink, or beverage containers pursuant to subdivision (b). The department may grant a reduction or waiver of the percentage requirement if it finds and determines that it is technologically infeasible for the glass container manufacturer to achieve the percentage requirement or if the department determines that a glass container manufacturer cannot achieve the minimum percentage because of a lack of available glass cullet. -(d)For the purposes of this section, “mixed-color cullet” means cullet that does not meet the American Society for Testing and Materials (ASTM) standard specifications for color mix of color sorted postfilled glass as raw material for the manufacture of glass containers. -SECTION 1. -Chapter 5.9 (commencing with Section 42360) is added to Part 3 of Division 30 of the Public Resources Code, to read: -CHAPTER 5.9. PET Plastic Packaging Recycled Content Program -42360. -For purposes of this chapter, the following terms have the following meanings: -(a) “Filled with food or drink” means caused to contain food or drink that is poured, placed, packed, or otherwise intentionally introduced into the applicable packaging. -(b) “PET plastic packaging” means beverage containers or food or drink packaging material consisting primarily of polyethylene terephthalate (PET) and used to contain food or beverages. -42361. -(a) Commencing January 1, 2017, and annually thereafter, a manufacturer of PET plastic packaging that is manufactured in the state shall demonstrate compliance with the requirements of Section 42362 by certifying to the department, in a form and manner determined by the department, both of the following: -(1) The total number of tons of new PET plastic packaging manufactured by that manufacturer in the previous year. -(2) The total number of tons of postfilled PET plastic the manufacturer used in the manufacturing of new PET plastic packaging during the previous year. -(b) Commencing January 1, 2017, and annually thereafter, an importer of empty PET plastic packaging that is filled with food or drink in the state to be sold in the state shall demonstrate compliance with the requirements of Section 42362 by certifying to the department, either directly or by an independent third-party certifier, in a form and manner determined by the department, both of the following: -(1) The total number of tons of new PET plastic packaging used in the manufacturing of empty PET plastic packaging imported into the state by the importer during the previous year to be filled with food or drink in the state for sale in the state. -(2) The total number of tons of postfilled PET plastic used in the manufacturing of empty PET plastic packaging imported into the state by the importer during the previous year to be filled with food or drink in the state for sale in the state. -42362. -(a) Commencing July 1, 2016, PET plastic packaging manufactured in the state shall be manufactured with a minimum of 10 percent of postfilled PET plastic, as measured by weight and in the aggregate, on an annual basis. -(b) Commencing July 1, 2016, empty PET plastic packaging imported into the state to be filled with food or drink in the state for sale in the state shall contain a minimum of 10 percent of postfilled PET plastic, as measured by weight and in the aggregate, on an annual basis. -42363. -(a) A PET plastic packaging manufacturer or importer who is required to submit a certification pursuant to Section 42361 may be subject to an audit by the department to ensure that the certified percentage of postfilled PET plastic was used. -(b) If a PET plastic packaging manufacturer or importer provides the department with a false or misleading report concerning the percentage of postfilled PET plastic used, the department, within 30 days of making this determination, shall refer the false or misleading report to the Attorney General for prosecution for fraud. -(c) A person who violates this chapter is guilty of an infraction punishable by a fine of not more than one thousand dollars ($1,000). -(d) In addition to being guilty of an infraction pursuant to subdivision (c), a person who violates this chapter may be assessed a civil penalty by the department of not more than one thousand dollars ($1,000) for each violation, pursuant to a notice and a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. -(e) A civil penalty or fine received pursuant to this section shall be deposited in the Integrated Waste Management Account, and the funds in that account may be expended by the department for the administration of this chapter. -SEC. 3. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1)Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires each glass container manufacturer in the state to use a minimum percentage of 35% of postfilled glass, except as specified, in the manufacturing of glass food, drink, or beverage containers. A violation of the act is a crime, except as specified. -The bill would clarify that for purposes of the minimum postfilled glass requirement, a glass container manufacturer in the state includes a glass container manufacturer who imports glass containers from outside of the state for filling. -(2) -(1) -Existing law requires all rigid plastic bottles and rigid plastic containers, including bottles and containers composed of polyethylene terephthalate (PET), sold in California to be labeled with a code which indicates the resin used to produce the rigid plastic bottle or rigid plastic container. -This bill would require under the California Beverage Container Recycling and Litter Reduction Act, on and after January 1, 2017, and annually thereafter, a manufacturer of PET plastic packaging primarily composed of polyethylene terephthalate and used to contain food or beverages to report to the department, in a manner determined by the department, certain information, including the total amount of tons of new PET plastic packaging made for sale by that manufacturer. The -This -bill would require, -on and after -commencing -July 1, 2016, -every manufacturer of -PET plastic packaging -for sale -manufactured -in the state to -include -be manufactured with, and empty PET plastic packaging imported into the state to be filled with food or drink in the state for sale in the state to contain, -a minimum of 10% of postfilled PET -plastic in its PET plastic packaging. -plastic, as measured by weight. The bill would require, commencing January 1, 2017, and annually thereafter, every such manufacturer or importer of PET plastic packaging to demonstrate compliance with that requirement by certifying to the Department of Resources Recycling and Recovery certain information. The bill would provide that a person who violates these provisions is guilty of an infraction and may be assessed civil penalties. By -(3)By expanding the scope of the California Beverage Container Recycling and Litter Reduction Act, a violation of which is a -creating a new -crime, the bill would impose a state-mandated local program. -(4) -(2) -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to -amend Section 14549 of, and to add Section 14548 to, -add Chapter 5.9 (commencing with Section 42360) to Part 3 of Division 30 of -the Public Resources Code, relating to solid waste." -830,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 69436 of the Education Code is amended to read: -69436. -(a) A student who was not awarded a Cal Grant A or B award pursuant to Article 2 (commencing with Section 69434) or Article 3 (commencing with Section 69435) at the time of his or her high school graduation but, at the time of transfer from a California community college to a qualifying baccalaureate program, meets all of the criteria set forth in subdivision (b), shall be entitled to a Cal Grant A or B award. -(b) Any California resident transferring from a California community college to a qualifying institution that offers a baccalaureate degree is entitled to receive, and the commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall award, a Cal Grant A or B award depending on the eligibility determined pursuant to subdivision (c), if all of the following criteria are met: -(1) A complete official financial aid application has been submitted or postmarked pursuant to Section 69432.9, no later than the March 2 of the year immediately preceding the award year. -(2) The student demonstrates financial need pursuant to Section 69433. -(3) The student has earned a community college grade point average of at least 2.4 on a 4.0 scale and is eligible to transfer to a qualifying institution that offers a baccalaureate degree. -(4) The student’s household has an income and asset level not exceeding the limits set forth in Section 69432.7. -(5) The student is pursuing a baccalaureate degree that is offered by a qualifying institution. -(6) He or she is enrolled at least part time. -(7) The student meets the general Cal Grant eligibility requirements set forth in Article 1 (commencing with Section 69430). -(8) The student will not be 28 years of age or older by December 31 of the award year. -(9) The student graduated from a California high school or its equivalent during or after the 2000–01 academic year. -(10) (A) Except as provided for in subparagraph (B), the student attended a California community college in the academic year immediately preceding the academic year for which the award will be used. -(B) A student otherwise eligible to receive an award pursuant to this section, who attended a California community college in the 2011–12 academic year, may use the award for the 2012–13 and 2013–14 academic years. -(c) The amount and type of the award pursuant to this article shall be determined as follows: -(1) For applicants with income and assets at or under the Cal Grant A limits, the award amount shall be the amount established pursuant to Article 2 (commencing with Section 69434). -(2) For applicants with income and assets at or under the Cal Grant B limits, the award amount shall be the amount established pursuant to Article 3 (commencing with Section 69435). -(d) (1) A student meeting the requirements of paragraph (9) of subdivision (b) by means of high school graduation, rather than its equivalent, shall be required to have graduated from a California high school, unless that California resident graduated from a high school outside of California due solely to orders received from a branch of the United States Armed Forces by that student or by that student’s parent or guardian that required that student to be outside of California at the time of high school graduation. -(2) For the purposes of this article, all of the following are exempt from the requirements of subdivision (e) of Section 69433.9 and paragraph (9) of subdivision (b) of this section: -(A) A student for whom a claim under this article was paid prior to December 1, 2005. -(B) A student for whom a claim under this article for the 2004–05 award year or the 2005–06 award year was or is paid on or after December 1, 2005, but no later than October 15, 2006. -(C) Commencing with the 2017–18 academic year, a student who did not graduate from high school or its equivalent and was a California resident, as determined pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41, on his or her 18th birthday. -(3) (A) The commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall make preliminary awards to all applicants currently eligible for an award under this article. At the time an applicant receives a preliminary award, the commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall require that applicant to affirm, in writing, under penalty of perjury, that he or she meets the requirements set forth in subdivision (e) of Section 69433.9, paragraph (9) of subdivision (b) of this section, and paragraph (1) of this subdivision. The commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall notify each person who receives a preliminary award under this paragraph that his or her award is subject to an audit pursuant to subparagraph (B). -(B) The commission shall select, at random, a minimum of 10 percent of the new and renewal awards made under subparagraph (A), and shall require, prior to the disbursement of Cal Grant funds to the affected postsecondary institution, that the institution verify that the recipient meets the requirements of subdivision (e) of Section 69433.9, paragraph (9) of subdivision (b) of this section, and paragraph (1) of this subdivision. An award that is audited under this paragraph and found to be valid shall not be subject to a subsequent audit. -(C) Pursuant to Section 69517.5, the commission shall seek repayment of any and all funds found to be improperly disbursed under this article. -(D) On or before November 1 of each year, the commission shall submit a report to the Legislature and the Governor including, but not necessarily limited to, both of the following: -(i) The number of awards made under this article in the preceding 12 months. -(ii) The number of new and renewal awards selected, in the preceding 12 months, for verification under subparagraph (B), and the results of that verification with respect to students at the University of California, at the California State University, at independent nonprofit institutions, and at independent for-profit institutions. -SEC. 1.5. -Section 69436 of the Education Code is amended to read: -69436. -(a) A student who was not awarded a Cal Grant A or B award pursuant to Article 2 (commencing with Section 69434) or Article 3 (commencing with Section 69435) at the time of his or her high school graduation but, at the time of transfer from a California community college to a qualifying baccalaureate program or upon matriculation into the upper division coursework of a community college baccalaureate program, described in Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, meets all of the criteria set forth in subdivision (b), shall be entitled to a Cal Grant A or B award. -(b) Any California resident transferring from a California community college to a qualifying institution that offers a baccalaureate degree or who matriculates into the upper division coursework of a community college baccalaureate program, described in Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, is entitled to receive, and the commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall award, a Cal Grant A or B award depending on the eligibility determined pursuant to subdivision (c), if all of the following criteria are met: -(1) A complete official financial aid application has been submitted or postmarked pursuant to Section 69432.9, no later than the March 2 of the year immediately preceding the award year. -(2) The student demonstrates financial need pursuant to Section 69433. -(3) The student has earned a community college grade point average of at least 2.4 on a 4.0 scale and is eligible to transfer to a qualifying institution that offers a baccalaureate degree. -(4) The student’s household has an income and asset level not exceeding the limits set forth in Section 69432.7. -(5) The student is pursuing a baccalaureate degree that is offered by a qualifying institution. -(6) He or she is enrolled at least part time. -(7) The student meets the general Cal Grant eligibility requirements set forth in Article 1 (commencing with Section 69430). -(8) The student will not be 28 years of age or older by December 31 of the award year. -(9) The student graduated from a California high school or its equivalent during or after the 2000–01 academic year. -(10) (A) Except as provided for in subparagraph (B), the student attended a California community college in the academic year immediately preceding the academic year for which the award will be used. -(B) A student otherwise eligible to receive an award pursuant to this section, who attended a California community college in the 2011–12 academic year, may use the award for the 2012–13 and 2013–14 academic years. -(c) The amount and type of the award pursuant to this article shall be determined as follows: -(1) For applicants with income and assets at or under the Cal Grant A limits, the award amount shall be the amount established pursuant to Article 2 (commencing with Section 69434). -(2) For applicants with income and assets at or under the Cal Grant B limits, the award amount shall be the amount established pursuant to Article 3 (commencing with Section 69435). -(d) (1) A student meeting the requirements of paragraph (9) of subdivision (b) by means of high school graduation, rather than its equivalent, shall be required to have graduated from a California high school, unless that California resident graduated from a high school outside of California due solely to orders received from a branch of the United States Armed Forces by that student or by that student’s parent or guardian that required that student to be outside of California at the time of high school graduation. -(2) For the purposes of this article, all of the following are exempt from the requirements of subdivision (e) of Section 69433.9 and paragraph (9) of subdivision (b) of this section: -(A) A student for whom a claim under this article was paid prior to December 1, 2005. -(B) A student for whom a claim under this article for the 2004–05 award year or the 2005–06 award year was or is paid on or after December 1, 2005, but no later than October 15, 2006. -(C) Commencing with the 2017–18 academic year, a student who did not graduate from high school or its equivalent and was a California resident, as determined pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41, on his or her 18th birthday. -(3) (A) The commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall make preliminary awards to all applicants currently eligible for an award under this article. At the time an applicant receives a preliminary award, the commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall require that applicant to affirm, in writing, under penalty of perjury, that he or she meets the requirements set forth in subdivision (e) of Section 69433.9, paragraph (9) of subdivision (b) of this section, and paragraph (1) of this subdivision. The commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall notify each person who receives a preliminary award under this paragraph that his or her award is subject to an audit pursuant to subparagraph (B). -(B) The commission shall select, at random, a minimum of 10 percent of the new and renewal awards made under subparagraph (A), and shall require, prior to the disbursement of Cal Grant funds to the affected postsecondary institution, that the institution verify that the recipient meets the requirements of subdivision (e) of Section 69433.9, paragraph (9) of subdivision (b) of this section, and paragraph (1) of this subdivision. An award that is audited under this paragraph and found to be valid shall not be subject to a subsequent audit. -(C) Pursuant to Section 69517.5, the commission shall seek repayment of any and all funds found to be improperly disbursed under this article. -(D) On or before November 1 of each year, the commission shall submit a report to the Legislature and the Governor including, but not necessarily limited to, both of the following: -(i) The number of awards made under this article in the preceding 12 months. -(ii) The number of new and renewal awards selected, in the preceding 12 months, for verification under subparagraph (B), and the results of that verification with respect to students at the University of California, at the California State University, at independent nonprofit institutions, and at independent for-profit institutions. -SEC. 2. -Section 1.5 of this bill incorporates amendments to Section 69436 of the Education Code proposed by both this bill and Senate Bill 1314. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 69436 of the Education Code, and (3) this bill is enacted after Senate Bill 1314, in which case Section 1 of this bill shall not become operative.","(1) Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Cal Grant Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. -Under the California Community College Transfer Cal Grant Entitlement Program, a student who transfers from a California community college to a qualifying institution that offers a baccalaureate degree receives a Cal Grant A or B award if the student meets specified requirements, among which is that the student graduate from a California high school or its equivalent during or after the 2000–01 academic year. -This bill would, commencing with the 2017–18 academic year, exempt a student from the requirement that the student graduate from a California high school or its equivalent if he or she did not graduate from high school or its equivalent and was a California resident, as determined pursuant to specified provisions of law, on his or her 18th birthday. -(2) This bill would incorporate additional changes to Section 69436 of the Education Code proposed by SB 1314 that would become operative if this bill and SB 1314 are both enacted and this bill is chaptered last.","An act to amend Section 69436 of the Education Code, relating to student financial aid." -831,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2100 of the Elections Code is amended to read: -2100. -A person shall not be registered except as provided in this chapter or Chapter 4.5, except upon the production and filing of a certified copy of a judgment of the superior court directing registration to be made. -SEC. 2. -Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to read: -2102. -(a) Except as provided in Chapter 4.5, a person shall not be registered as a voter except by affidavit of registration. The affidavit shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day prior to an election to be held in the registrant’s precinct. A properly executed registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply: -(1) The affidavit is postmarked on or before the 15th day prior to the election and received by mail by the county elections official. -(2) The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) on or before the 15th day prior to the election. -(3) The affidavit is delivered to the county elections official by means other than those described in paragraph (1) and (2) on or before the 15th day prior to the election. -(4) The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day prior to the election. -(b) For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied: -(1) The affidavit is signed on the same date or a date prior to the signing of the petition or paper. -(2) The affidavit is received by the county elections official on or before the date on which the petition or paper is filed. -(c) Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant. -(d) A person who is at least 16 years of age and otherwise meets all eligibility requirements to vote may submit his or her affidavit of registration as prescribed by this section. A properly executed registration made pursuant to this subdivision shall be deemed effective as of the date the affiant will be 18 years of age, if the information in the affidavit of registration is still current at that time. If the information provided by the affiant in the affidavit of registration is not current at the time that the registration would otherwise become effective, for his or her registration to become effective, the affiant shall provide the current information to the proper county elections official as prescribed by this chapter. -SEC. 2.5. -Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to read: -2102. -(a) Except as provided in Chapter 4.5, a person shall not be registered as a voter except by affidavit of registration. The affidavit of registration shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed affidavit of registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day before an election to be held in the registrant’s precinct. A properly executed affidavit of registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply: -(1) The affidavit is postmarked on or before the 15th day before the election and received by mail by the county elections official. -(2) The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or before the 15th day before the election. -(3) The affidavit is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day before the election. -(4) The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day before the election. -(b) For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied: -(1) The affidavit is signed on the same date or a date before the signing of the petition or paper. -(2) The affidavit is received by the county elections official on or before the date on which the petition or paper is filed. -(c) Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant. -(d) A person who is at least 16 years of age and otherwise meets all eligibility requirements to vote may submit his or her affidavit of registration as prescribed by this section. A properly executed affidavit of registration made pursuant to this subdivision shall be deemed effective as of the date the affiant will be 18 years of age, if the information in the affidavit of registration is still current at that time. If the information provided by the affiant in the affidavit of registration is not current at the time that the affidavit of registration would otherwise become effective, for his or her registration to become effective, the affiant shall provide the current information to the proper county elections official as prescribed by this chapter. -(e) An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed. -(f) An individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting. -SEC. 3. -Chapter 4.5 (commencing with Section 2260) is added to Division 2 of the Elections Code, to read: -CHAPTER 4.5. California New Motor Voter Program -2260. -This chapter shall be known and may be cited as the California New Motor Voter Program. -2261. -The Legislature finds and declares all of the following: -(a) Voter registration is one of the biggest barriers to participation in our democracy. -(b) In 1993, Congress enacted the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), commonly known as the “Motor Voter Law,” with findings recognizing that the right of citizens to vote is a fundamental right; it is the duty of federal, state, and local governments to promote the exercise of the right to vote; and the primary purpose of the act is to increase the number of eligible citizens who register to vote. -(c) It is the intent of the Legislature to enact the California New Motor Voter Program to provide California citizens additional opportunities to participate in democracy through exercise of their fundamental right to vote. -2262. -(a) The Secretary of State and the Department of Motor Vehicles shall establish the California New Motor Voter Program for the purpose of increasing opportunities for voter registration by any person who is qualified to be a voter under Section 2 of Article II of the California Constitution. -(b) This chapter shall not be construed as requiring the Department of Motor Vehicles to determine eligibility for voter registration and voting. The Secretary of State is solely responsible for determining eligibility for voter registration and voting. -2263. -(a) The Department of Motor Vehicles, in consultation with the Secretary of State, shall establish a schedule and method for the department to electronically provide to the Secretary of State the records specified in this section. -(b) (1) The department shall provide to the Secretary of State, in a manner and method to be determined by the department in consultation with the Secretary of State, the following information associated with each person who submits an application for a driver’s license or identification card pursuant to Section 12800, 12815, or 13000 of the Vehicle Code, or who notifies the department of a change of address pursuant to Section 14600 of the Vehicle Code: -(A) Name. -(B) Date of birth. -(C) Either or both of the following, as contained in the department’s records: -(i) Residence address. -(ii) Mailing address. -(D) Digitized signature, as described in Section 12950.5 of the Vehicle Code. -(E) Telephone number, if available. -(F) Email address, if available. -(G) Language preference. -(H) Political party preference. -(I) Whether the person chooses to become a permanent vote by mail voter. -(J) Whether the person affirmatively declined to become registered to vote during a transaction with the department. -(K) A notation that the applicant has attested that he or she meets all voter eligibility requirements, including United States citizenship, specified in Section 2101. -(L) Other information specified in regulations implementing this chapter. -(2) (A) The department may provide the records described in paragraph (1) to the Secretary of State before the Secretary of State certifies that all of the conditions set forth in subdivision (e) of this section have been satisfied. Records provided pursuant to this paragraph shall only be used for the purposes of outreach and education to eligible voters conducted by the Secretary of State. -(B) The Secretary shall provide materials created for purposes of outreach and education as described in this paragraph in languages other than English, as required by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). -(c) The Secretary of State shall not sell, transfer or allow any third party access to the information acquired from the Department of Motor Vehicles pursuant to this chapter without approval of the department, except as permitted by this chapter and Section 2194. -(d) The department shall not electronically provide records of a person who applies for or is issued a driver’s license pursuant to Section 12801.9 of the Vehicle Code because he or she is unable to submit satisfactory proof that his or her presence in the United States is authorized under federal law. -(e) The Department of Motor Vehicles shall commence implementation of this section no later than one year after the Secretary of State certifies all of the following: -(1) The State has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Section 20901 et seq.). -(2) The Legislature has appropriated the funds necessary for the Secretary of State and the Department of Motor Vehicles to implement and maintain the California New Motor Voter Program. -(3) The regulations required by Section 2270 have been adopted. -(f) The Department of Motor Vehicles shall not electronically provide records pursuant to this section that contain a home address designated as confidential pursuant to Section 1808.2, 1808.4, or 1808.6 of the Vehicle Code. -2264. -(a) The willful, unauthorized disclosure of information obtained from the Department of Motor Vehicles pursuant to Section 2263 to any person, or the use of any false representation to obtain any of that information or the use of any of that information for a purpose other than as stated in Section 2263, is a misdemeanor punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment in the county jail not exceeding one year, or both fine and imprisonment. -(b) The Secretary of State shall establish procedures to protect the confidentiality of the information acquired from the Department of Motor Vehicles pursuant to Section 2263. The disclosure of this information shall be governed by the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and the Secretary of State shall account for any disclosures, including those due to security breaches, in accordance with that act. -2265. -(a) The records of a person designated in paragraph (1) of subdivision (b) of Section 2263 shall constitute a completed affidavit of registration and the Secretary of State shall register the person to vote, unless any of the following conditions is satisfied: -(1) The person’s records, as described in Section 2263, reflect that he or she affirmatively declined to become registered to vote during a transaction with the Department of Motor Vehicles. -(2) The person’s records, as described in Section 2263, do not reflect that he or she has attested to meeting all voter eligibility requirements specified in Section 2101. -(3) The Secretary of State determines that the person is ineligible to vote. -(b) (1) If a person who is registered to vote pursuant to this chapter does not provide a party preference, his or her party preference shall be designated as “Unknown” and he or she shall be treated as a “No Party Preference” voter. -(2) A person whose party preference is designated as “Unknown” pursuant to this subdivision shall not be counted for purposes of determining the total number of voters registered on the specified day preceding an election, as required by subdivision (b) of Section 5100 and subdivision (c) of Section 5151. -2266. -A person registered to vote under this chapter may cancel his or her voter registration at any time by any method available to any other registered voter. -2267. -This chapter does not affect the confidentiality of a person’s voter registration information, which remains confidential pursuant to Section 2194 of this code and Section 6254.4 of the Government Code and for all of the following persons: -(a) A victim of domestic violence, sexual assault, or stalking pursuant to Section 2166.5. -(b) A reproductive health care service provider, employee, volunteer, or patient pursuant to Section 2166.5. -(c) A public safety officer pursuant to Section 2166.7. -(d) A person with a life-threatening circumstance upon court order pursuant to Section 2166. -2268. -If a person who is ineligible to vote becomes registered to vote pursuant to this chapter in the absence of a violation by that person of Section 18100, that person’s registration shall be presumed to have been effected with official authorization and not the fault of that person. -2269. -If a person who is ineligible to vote becomes registered to vote pursuant to this chapter and votes or attempts to vote in an election held after the effective date of the person’s registration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote pursuant to Section 18560, unless that person willfully votes or attempts to vote knowing that he or she is not entitled to vote. -2270. -The Secretary of State shall adopt regulations to implement this chapter, including regulations addressing both of the following: -(a) A process for canceling the registration of a person who is ineligible to vote, but became registered under the California New Motor Voter Program in the absence of any violation by that person of Section 18100. -(b) An education and outreach campaign informing voters about the California New Motor Voter Program that the Secretary of State will conduct to implement this chapter. The Secretary may use any public and private funds available for this and shall provide materials created for this outreach and education campaign in languages other than English, as required by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). -SEC. 4. -Section 2.5 of this bill incorporates amendments to Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, proposed by both this bill and Senate Bill 589. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, and (3) this bill is enacted after Senate Bill 589, in which case Section 2 of this bill shall not become operative. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the federal National Voter Registration Act of 1993, requires a state to, among other things, establish procedures to register a person to vote by application made simultaneously with an application for a new or renewal of a motor vehicle driver’s license. The federal act requires the motor vehicle driver’s license application to serve as an application for voter registration with respect to an election for federal office, unless the applicant fails to sign the application, and requires the application to be considered as updating the applicant’s previous voter registration, if any. The federal act defines “motor vehicle driver’s license” to include any personal identification document issued by a state motor vehicle authority. -Under existing state law, a person may not be registered to vote except by affidavit of registration. Existing law requires a properly executed affidavit of registration to be deemed effective upon receipt of the affidavit by the county elections official if the affidavit is submitted to the Department of Motor Vehicles on or before the 15th day before the election. Existing state law requires the Department of Motor Vehicles and the Secretary of State to develop a process and the infrastructure to allow a person who is qualified to register to vote in the state to register to vote online. -Existing law requires the Department of Motor Vehicles to issue driver’s licenses and state identification cards to applicants who meet specified criteria and provide the department with the required information. Existing law generally requires an applicant for an original driver’s license or state identification card to submit satisfactory proof to the department that the applicant’s presence in the United States is authorized under federal law. -This bill would require the Secretary of State and the Department of Motor Vehicles to establish the California New Motor Voter Program for the purpose of increasing opportunities for voter registration by any person who is qualified to be a voter. Under the program, after the Secretary of State certifies that certain enumerated conditions are satisfied, the Department of Motor Vehicles would be required to electronically provide to the Secretary of State the records of each person who is issued an original or renewal of a driver’s license or state identification card or who provides the department with a change of address, as specified. The person’s motor vehicle records would then constitute a completed affidavit of registration and the person would be registered to vote, unless the person affirmatively declined to be registered to vote during a transaction with the department, the department did not represent to the Secretary of State that the person attested that he or she meets all voter eligibility requirements, as specified, or the Secretary of State determines that the person is ineligible to vote. The bill would require the Secretary of State to adopt regulations to implement this program, as specified. -Under existing law, the willful, unauthorized disclosure of information from a Department of Motor Vehicles record to any person, or the use of any false representation to obtain information from a department record or any use of information obtained from any department record for a purpose other than the one stated in the request or the sale or other distribution of the information to a person or organization for purposes not disclosed in the request is a misdemeanor, punishable by a fine not exceeding $5,000 or by imprisonment in the county jail not exceeding one year, or both fine and imprisonment. -This bill would provide that disclosure of information contained in the records obtained from the Department of Motor Vehicles pursuant to the California New Motor Voter Program is a misdemeanor, punishable by a fine not exceeding $5,000 or by imprisonment in the county jail not exceeding one year, or both fine and imprisonment. By creating a new crime, this bill would impose a state-mandated local program. -Existing law, the Information Practices Act of 1977, authorizes every state agency to maintain in its records only personal information that is relevant and necessary to accomplish a purpose of the agency, or is required or authorized by state or federal law. That act specifies the situations in which disclosure is permissible and also specifies the manner in which agencies must account for disclosures of personal information, including those due to security breaches, among other provisions. -This bill would require the Secretary of State to establish procedures to safeguard the confidentiality of information acquired from the Department of Motor Vehicles pursuant to the California New Motor Voter Program and would state that the provisions of the Information Practices Act of 1977 govern disclosures pursuant to the program. -Existing law makes it a crime for a person to willfully cause, procure, or allow himself or herself or any other person to be registered as a voter, knowing that he or she or that other person is not entitled to registration. Existing law also makes it a crime to fraudulently vote or attempt to vote. -This bill would provide that if a person who is ineligible to vote becomes registered to vote by operation of the California New Motor Voter Program in the absence of a violation by that person of the crime described above, that person’s registration shall be presumed to have been effected with official authorization and not the fault of that person. The bill would also provide that if a person who is ineligible to vote becomes registered to vote by operation of this program, and that person votes or attempts to vote in an election held after the effective date of the person’s registration, that person shall be presumed to have acted with official authorization and is not guilty of fraudulently voting or attempting to vote, unless that person willfully votes or attempts to vote knowing that he or she is not entitled to vote. -This bill would also make conforming changes. -This bill would incorporate additional changes to Section 2102 of the Elections Code, proposed by SB 589, that would become operative only if SB 589 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 2100 and 2102 of, and to add Chapter 4.5 (commencing with Section 2260) to Division 2 of the Elections Code, relating to elections." -832,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 20.2 (commencing with Section 69996) is added to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, to read: -Article 20.2. The California Covenants Program -69996. -(a) The California Covenants Program is hereby established under the administration of the Treasurer. The California Covenants Program shall be a prepaid college tuition program established to help families plan, save, and pay for the undergraduate college education of family members at campuses of the California State University, the University of California, and independent institutions of higher education, as defined in Section 66010. -(b) Under the program, the Treasurer shall issue tuition certificates in accordance with all of the following requirements: -(1) (A) The tuition certificate shall be issued by the Treasurer for the prepaid purchase of a fixed percentage of the tuition and mandatory systemwide fees for an academic year of full-time enrollment as an undergraduate at a campus of the California State University, the University of California, or an independent institution of higher education, as defined in Section 66010. The tuition certificate shall specify the percentage of tuition and mandatory fees that have been purchased thereby. The certificate covers annual tuition and fee increases of 7.5 percent or less. -(B) The Treasurer is authorized to determine the cost of the fixed percentage of tuition and mandatory systemwide fees for the participating institutions at the commencement of this program in 2018. The Treasurer shall have the discretion to periodically adjust the cost of the tuition certificates in light of changes in the cost of living, the economy of the state, and the levels of tuition and mandatory systemwide fees charged by the participating segments. -(2) The purchaser of a tuition certificate shall specify its intended beneficiary. The intended beneficiary may be any person who has not yet commenced grade 11 or its equivalent. A tuition certificate shall be valid for up to 30 years from the date that it is purchased. -(3) At the time the tuition certificate is used, the beneficiary shall either be a California resident or a student who is exempt from nonresident tuition pursuant to Section 68130.5. -(4) An individual may purchase an initial tuition certificate, or additional tuition certificates, for a beneficiary only between May 1 and June 30 of calendar years commencing in 2018. The minimum amount of tuition certificates that an individual may purchase in a calendar year shall be three hundred dollars ($300). -(5) A tuition certificate shall be used only to cover the cost of undergraduate tuition and mandatory systemwide fees at the California State University, the University of California, or independent institutions of higher education, as defined in Section 66010. A tuition certificate shall not be used to cover the cost of textbooks, supplies, or living expenses, including, but not necessarily limited to, food, housing, and transportation. -(6) If the intended beneficiary of a tuition certificate is unable to, or chooses not to, attend the institution issuing the certificate, the initial investment shall be returned to the individual who purchased the certificate, with interest equal to that earned by the Pooled Money Investment Fund, and shall not be subject to a tax penalty pursuant to Section 17131.12 of the Revenue and Taxation Code. -(c) The Treasurer, in collaboration with the Trustees of the California State University and the Regents of the University of California, may establish administrative guidelines and other requirements for purposes of implementing this article. -69996.3. -(a) The California Covenants Program Fund is hereby established. The moneys received by the Treasurer from the individuals who purchase tuition certificates under the program, and from the sale of bonds as authorized under subdivision (b), shall be deposited in the fund. Upon appropriation by the Legislature in the annual Budget Act, the moneys in the fund may be allocated by the Treasurer to the California State University, the University of California, and participating independent institutions of higher education, as defined in Section 66010, to pay the tuition and mandatory systemwide fees of beneficiaries of the program during that fiscal year. -(b) The Treasurer is authorized to issue bonds backed by the tuition certificate revenues. The proceeds of any bonds sold pursuant to this subdivision shall be deposited in the California Covenants Program Fund established by subdivision (a). -(c) The Director of Finance shall determine, at the commencement of each fiscal year, whether there are sufficient funds to implement the program in that fiscal year. The Director of Finance shall communicate this determination to the Treasurer in a timely manner each fiscal year. -(d) The California State University shall, and the University of California and independent institutions of higher education, as defined in Section 66010, are requested to, comply with the requirements of this article. -69996.5. -This article shall become operative on January 1, 2018. -SEC. 2. -Section 17131.12 is added to the Revenue and Taxation Code, to read: -17131.12. -For taxable years beginning on or after January 1, 2018, gross income does not include: -(a) Moneys invested by the taxpayer, including interest accrued by that investment, in the California Covenants Program established pursuant to Article 20.2 (commencing with Section 69996) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code. -(b) (1) Disbursements to the taxpayer from the California Covenants Program for use by a beneficiary at an educational institution that participates in the program. -(2) Tax, additions to tax, and penalties shall not apply to an amount disbursed to a taxpayer where the beneficiary does not attend an educational institution that participates in the California Covenants Program if the full amount, including interest, is returned to the taxpayer. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to immediately address heightened concerns about the rising costs of obtaining a postsecondary degree in this state, it is necessary for this bill to take effect immediately.","(1)Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as 2 of the segments of public postsecondary education in this state. -(1) Under existing law, the segments of postsecondary education in this state include the University of California, the California State University, the California Community Colleges, independent institutions of higher education, and private postsecondary educational institutions. -This bill would establish the California Covenants Program, under the administration of the Treasurer. The program would be a prepaid college tuition program, under which an individual could purchase a fixed percentage of the tuition and mandatory systemwide fees for an academic year of full-time enrollment as an undergraduate at a campus of the California State University, the University of California, or an independent institution of higher education, as specified, for a beneficiary who meets specified criteria. -The bill would establish the California Covenants Program Fund. The bill would require that the moneys received by the Treasurer from the individuals who purchase tuition certificates under the program, as well as the proceeds from the sale of certain bonds authorized by the bill, be deposited in the fund. The bill would authorize the Treasurer, upon appropriation in the annual Budget Act, to allocate moneys deposited in the fund to the California State University, the University of California, or an independent institution of higher education to pay the tuition and mandatory systemwide fees of beneficiaries of the program during that fiscal year. The bill would require the Director of Finance to determine, at the commencement of each fiscal year, whether there are sufficient funds to implement the program in that fiscal year, and to communicate this determination to the Treasurer in a timely manner each fiscal year. The bill would specify that the California State University is required, and the University of California and independent institutions of higher education are -requested to, -requested, to -comply with the bill’s provisions. -These provisions would become operative on January 1, 2018. -(2) The Personal Income Tax Law provides for various exclusions from gross income, including moneys received pursuant to specified grant programs. -This bill would, for taxable years beginning on or after January 1, 2018, also exclude from gross income amounts invested in, and disbursed from, the California Covenants Program, as provided. -(3) This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Article 20.2 (commencing with Section 69996) to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, and to add Section 17131.12 to the Revenue and Taxation Code, relating to student financial -aid. -aid, and declaring the urgency thereof, to take effect immediately." -833,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12801.5 of the Vehicle Code, as added by Section 13 of Chapter 524 of the Statutes of 2013, is amended to read: -12801.5. -(a) Except as provided in Section 12801.9, the department shall require an applicant for an original driver’s license or identification card to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law. -(b) Except as provided in Section 12801.9, the department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law. -(c) The department shall adopt regulations to carry out the purposes of this section, including, but not limited to, procedures for (1) verifying that the applicant’s presence in the United States is authorized under federal law, (2) issuance of a temporary license pending verification of the applicant’s status, and (3) hearings to appeal a denial of a license, temporary license, or identification card. -(d) On January 10 of each year, the department shall submit a supplemental budget report to the Governor and the Legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver’s licenses and identification cards, in order for the state to request reimbursement from the federal government. -(e) Notwithstanding Section 40300 or any other law, a peace officer shall not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under 16 years of age. -(f) The inability of an individual to obtain a driver’s license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility. -(g) This section shall become operative on January 1, 2015, or on the date that the director executes a declaration pursuant to Section 12801.11, whichever is sooner. -(h) This section shall become inoperative on July 1, 2016, or the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason, whichever is sooner, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes effective on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. The department shall post information relating to a final judicial determination on its Internet Web site. -SEC. 2. -Section 12801.5 is added to the Vehicle Code, to read: -12801.5. -(a) Except as provided in Section 12801.9, the department shall require an applicant for an original driver’s license or identification card to submit satisfactory proof of California residency and that the applicant’s presence in the United States is authorized under federal law. -(b) Except as provided in Section 12801.9, the department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law. -(c) The department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof of California residency. -(d) The department shall adopt regulations to carry out the purposes of this section, including, but not limited to, procedures for (1) verifying that the applicant is a California resident and that his or her presence in the United States is authorized under federal law, (2) issuance of a temporary license pending verification of the applicant’s status, and (3) hearings to appeal a denial of a license, temporary license, or identification card. -(e) On January 10 of each year, the department shall submit a supplemental budget report to the Governor and the Legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver’s licenses and identification cards, in order for the state to request reimbursement from the federal government. -(f) Notwithstanding Section 40300 or any other law, a peace officer shall not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under 16 years of age. -(g) The inability of an individual to obtain a driver’s license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility. -(h) This section shall become operative on July 1, 2016. -(i) This section shall become inoperative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site. -SEC. 3. -Section 12801.5 of the Vehicle Code, as added by Section 14 of Chapter 524 of the Statutes of 2013, is amended to read: -12801.5. -(a) Notwithstanding any other law, the department shall require an applicant for an original driver’s license or identification card to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law. -(b) The department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law. -(c) The department shall adopt regulations to carry out the purposes of this section, including, but not limited to, procedures for (1) verifying that the applicant’s presence in the United States is authorized under federal law, (2) issuance of a temporary license pending verification of the applicant’s status, and (3) hearings to appeal a denial of a license, temporary license, or identification card. -(d) On January 10 of each year, the department shall submit a supplemental budget report to the Governor and the Legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver’s licenses and identification cards, in order for the state to request reimbursement from the federal government. -(e) Notwithstanding Section 40300 or any other law, a peace officer shall not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under 16 years of age. -(f) The inability of an individual to obtain a driver’s license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility. -(g) This section shall become operative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site. -(h) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 4. -Section 12801.5 is added to the Vehicle Code, to read: -12801.5. -(a) Notwithstanding any other law, the department shall require an applicant for an original driver’s license or identification card to submit satisfactory proof of California residency and that the applicant’s presence in the United States is authorized under federal law. -(b) The department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law. -(c) The department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof of California residency. -(d) The department shall adopt regulations to carry out the purposes of this section, including, but not limited to, procedures for (1) verifying that the applicant is a California resident and that his or her presence in the United States is authorized under federal law, (2) issuance of a temporary license pending verification of the applicant’s status, and (3) hearings to appeal a denial of a license, temporary license, or identification card. -(e) On January 10 of each year, the department shall submit a supplemental budget report to the Governor and the Legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver’s licenses and identification cards, in order for the state to request reimbursement from the federal government. -(f) Notwithstanding Section 40300 or any other law, a peace officer shall not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under 16 years of age. -(g) The inability of an individual to obtain a driver’s license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility. -(h) This section shall become operative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site.","Existing law requires the Department of Motor Vehicles to issue driver’s licenses to applicants who meet specified criteria and provide the department with the required information. Existing law generally requires an applicant for an original driver’s license or identification card to submit satisfactory proof to the department that the applicant’s presence in the United States is authorized under federal law. -This bill would also require, beginning July 1, 2016, an applicant for an original driver’s license or identification card to submit satisfactory proof of California residency, and would prohibit the department from issuing an original driver’s license or identification card to a person who does not submit satisfactory proof of California residency. The bill would require the department to adopt regulations relating to the procedures for verifying that the applicant is a California resident.","An act to amend, repeal, and add Section 12801.5 of the Vehicle Code, relating to vehicles." -834,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 67386 of the Education Code is amended to read: -67386. -(a) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing -boards of -board of each -independent postsecondary -institutions -institution -shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)) involving a student, both on and off campus. The policy shall include all of the following: -(1) An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity -, -and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent. -(2) A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances: -(A) The accused’s belief in affirmative consent arose from the intoxication or recklessness of the accused. -(B) The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented. -(3) A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence. -(4) A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances: -(A) The complainant was asleep or unconscious. -(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity. -(C) The complainant was unable to communicate due to a mental or physical condition. -(b) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing -boards of -board of each -independent postsecondary -institutions -institution -shall adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards. At a minimum, the policies and protocols shall cover all of the following: -(1) A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality. -(2) Initial response by the institution’s personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses. -(3) Response to stranger and nonstranger sexual assault. -(4) The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate. -(5) Contacting and interviewing the accused. -(6) Seeking the identification and location of witnesses. -(7) Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate. -(8) Participation of victim advocates and other supporting people. -(9) Investigating allegations that alcohol or drugs were involved in the incident. -(10) Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institution’s student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty. -(11) The role of the institutional staff supervision. -(12) A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases. -(13) Procedures for confidential reporting by victims and third parties. -(c) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing -boards of -board of each -independent postsecondary -institutions -institution -shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused. -(d) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing -boards of -board of each -independent postsecondary -institutions -institution -shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institution’s policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institution’s overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy. -(e) Outreach programming shall be included as part of every incoming student’s orientation.","Existing law requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions to adopt and implement written procedures or protocols to ensure that students, faculty, and staff who are victims of sexual assault on the grounds or facilities of their institutions receive treatment and information, including a description of on-campus and off-campus resources. -Existing law also requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions, in order to receive state funds for student financial assistance, to adopt policies concerning sexual assault, domestic violence, dating violence, and stalking that include certain elements, including an affirmative consent standard in the determination of whether consent was given by a complainant. Existing law also requires these governing boards, in order to receive those state funds, to adopt certain sexual assault policies and protocols, as specified, and requires the governing boards, to the extent feasible, to enter into memoranda of understanding or other agreements or collaborative partnerships with on-campus and community-based organizations to refer students for assistance or make services available to students. Existing law also requires the governing boards, in order to receive those state funds, to implement comprehensive prevention and outreach programs addressing sexual assault, domestic violence, dating violence, and stalking. -This bill would make nonsubstantive changes in this provision.","An act to amend Section 67386 of the Education Code, relating to student safety." -835,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Existing law provides that individuals with disabilities or medical conditions have the same right as the general public to the full and free use of streets, highways, sidewalks, walkways, public buildings, medical facilities, public facilities, and other public places. -(b) -Existing law prescribes a process for bringing an action to remedy issues of accessibility and provides that a person aggrieved or potentially aggrieved by a violation of these rights may bring an action for damages. -(c) -Legislation enacted in 2012 requires an attorney to provide a written advisory with each demand letter or complaint to a defendant or potential defendant for any construction-related accessibility claim. Certain basic review requirements are also required prior to sending a demand letter. This legislation did not and does not apply to public facilities. -(d) -It is the mission of community colleges and school districts to provide quality educational programs and services that address the diverse needs of students and communities throughout the state. -(e) -California’s community colleges place a heavy importance on providing quality educational facilities that are accessible to all members of the community. -(f) -Community colleges and local educational agencies, as well as other public agencies, are subject to design and construction oversight by the Division of the State Architect. The Division of the State Architect evaluates compliance with building code and Education Code requirements for accessibility, structural safety, and fire and life safety on new construction projects and on modernization projects. -(g) -As part of its responsibilities, the Division of the State Architect performs a project closeout to determine that the project complies with codes and regulations governing school construction, including accessibility. This process examines facilities for specific requirements before, during, and after construction to ensure any outstanding issues have been resolved. At the end of construction, the Division of the State Architect issues a closeout letter for the project that indicates compliance with applicable rules and regulations. -(h) -In light of the participation of the Division of the State Architect in the design and construction of facilities of community colleges and local educational agencies, it is appropriate that these facilities receive additional protections already extended to private defendants in construction-accessibility actions. -SECTION 1. -SEC. 2. -Section 54.26 is added to the Civil Code, to read: -54.26. -(a) For any action commenced on or after January 1, 2016, or for an action commenced prior to that date for which a final judgment has not been entered, the following shall apply: -(1) New construction or alteration of a structure conducted by a public entity on or before September 15, 2010, that complies with the 1991 ADA Standards for Accessible Design or the Uniform Federal Accessibility Standards are deemed not in violation of this part. -(2) New construction or alteration of a structure conducted by a public entity on or after September 15, 2010, and before March 15, 2012, that complies with either the 1991 ADA Standards for Accessible Design or 2010 ADA Standards for Accessible Design are deemed not in violation of this part. -(3) New construction or alteration of a structure conducted by a public entity on or after March 15, 2012, that complies with the 2010 ADA Standards for Accessible Design or the applicable code in place at the time of construction or alteration are deemed not in violation of this part. -(4) Elements in existing facilities of a public entity that have not been altered on or before March 15, 2012, that comply with the 1991 ADA Standards for Accessible Design or 2010 ADA Standards for Accessible Design are deemed not in violation of this part. -(b) A public entity’s possession of a closeout letter from the State Architect certifying that the public buildings, public facilities, and other public places to which the letter applies meet the applicable building and construction-related accessibility standards of the federal Americans with Disabilities Act shall serve as presumptive evidence that the public buildings, facilities, and places are in compliance with this part and the federal Americans with Disabilities Act. -SEC. 2. -SEC. 3. -Section 55.52 of the Civil Code is amended to read: -55.52. -(a) For purposes of this part, the following definitions apply: -(1) “Construction-related accessibility claim” means any civil claim in a civil action with respect to a place of public accommodation, including, but not limited to, a claim brought under Section 51, 54, 54.1, or 55, based wholly or in part on an alleged violation of any construction-related accessibility standard, as defined in paragraph (6). -(2) “Application for stay and early evaluation conference” means an application to be filed with the court that meets the requirements of subdivision (c) of Section 55.54. -(3) “Certified access specialist” or “CASp” means any person who has been certified pursuant to Section 4459.5 of the Government Code. -(4) “Meets applicable standards” means the site was inspected by a CASp and determined to meet all applicable construction-related accessibility standards pursuant to paragraph (1) of subdivision (a) of Section 55.53. A site that is “CASp inspected” on or before the effective date of the amendments made to this section by Senate Bill 1186 of the 2011–12 Regular Session of the Legislature means that the site “meets applicable standards.” -(5) “Inspected by a CASp” means the site was inspected by a CASp and is pending a determination by the CASp that the site meets applicable construction-related accessibility standards pursuant to paragraph (2) of subdivision (a) of Section 55.53. A site that is “CASp determination pending” on or before the effective date of the amendments made to this section by Senate Bill 1186 of the 2011–12 Regular Session of the Legislature means that the site was “inspected by a CASp.” -(6) “Construction-related accessibility standard” means a provision, standard, or regulation under state or federal law requiring compliance with standards for making new construction and existing facilities accessible to persons with disabilities, including, but not limited to, any provision, standard, or regulation set forth in Section 51, 54, 54.1, or 55 of this code, Section 19955.5 of the Health and Safety Code, the California Building Standards Code (Title 24 of the California Code of Regulations), the federal Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.), and the federal Americans with Disabilities Act Accessibility Guidelines (Appendix A to Part 36 of Title 28 of the Code of Federal Regulations). -(7) (A) “Place of public accommodation” has the same meaning as “public accommodation,” as set forth in Section 12181(7) of Title 42 of the United States Code and the federal regulations adopted pursuant to that section. -(B) For any action commenced on or after that January 1, 2016, or for an action commenced prior to that date for which a final judgment has not been entered, “place of public accommodation” also means public buildings, public facilities, and other public places of -an educational institution of -a public entity as defined in Section 12131(1) of Title 42 of the United States Code and any related federal regulations. -(8) “Qualified defendant” means a defendant in an action that includes a construction-related accessibility claim that is asserted against a place of public accommodation that met the requirements of “meets applicable standards” or “inspected by a CASp” prior to the date the defendant was served with the summons and complaint in that action. To be a qualified defendant, the defendant is not required to have been the party who hired any CASp, so long as the basis of the alleged liability of the defendant is a construction-related accessibility claim. To determine whether a defendant is a qualified defendant, the court need not make a finding that the place of public accommodation complies with all applicable construction-related accessibility standards as a matter of law. The court need only determine that the place of public accommodation has a status of “meets applicable standards” or “inspected by a CASp.” -(9) “Site” means a place of public accommodation. -(b) Unless otherwise indicated, terms used in this part relating to civil procedure have the same meanings that those terms have in the Code of Civil Procedure.","Existing law provides that individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, including hospitals, clinics, and physicians’ offices, public facilities, and other public places. Existing law prescribes a process for prosecuting an action in this regard and provides that a person aggrieved or potentially aggrieved by a violation of these rights may bring an action for damages and that a prevailing party is entitled to recover reasonable attorney’s fees. -This bill would except from the application of these provisions public buildings, public facilities, and other public places of a public entity that, on specified dates, met specified disability access design standards. The bill would provide that a public entity’s possession of a close out letter from the State Architect certifying that the buildings, facilities, and other places to which the letter applies meet the applicable building and construction-related accessibility standards of the federal Americans with Disabilities Act serves as presumptive evidence that the public buildings, facilities, and places are in compliance with this part and the federal Americans with Disabilities Act. -Existing law prescribes a process in certain construction-related accessibility claims against a place of public accommodation. This process permits statutory damages to be awarded against a place of public accommodation only if the violation denied the plaintiff full and equal access to the place of public accommodation on a particular occasion. This process also reduces a defendant’s minimum statutory damage liability to $1,000 if the defendant demonstrates that it has corrected all construction-related violations that are the basis of a claim within 60 days of being served with the complaint, and other select conditions are met. -This bill would apply the process described above to an action commenced on or after that January 1, 2016, or an action commenced prior to that date for which a final judgment has not been entered, to public buildings, public facilities, and other public places of -an educational institution of -a public entity by revising the definition of a place of public accommodation.","An act to amend Section 55.52 of, and to add Section 54.26 to, the Civil Code, relating to civil rights." -836,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Harmful blooms of algae in the waters of the state, including, but not limited to, coastal lakes, estuaries, rivers and streams, wetlands, and inland lakes and reservoirs, represent a threat to water supplies, human health, endangered wildlife, and recreational activities. -(b) Degradation of watersheds, nutrient loading, increased water diversions, and climate change have been linked to the global expansion of harmful algal blooms, with high toxin production noted regularly in lakes, rivers, and other waters of the state. -(c) The state’s waters are especially prone to harmful algal blooms due to our warm climate, numerous water diversions, and stressed waterways. -(d) Harmful algae can produce potent hepatotoxins and neurotoxins, collectively referred to as cyanotoxins. Microcystins are the most commonly found cyanotoxin in the state’s impacted waters. Other cyanotoxins, such as the neurotoxins anatoxin-a and saxitoxin, are also present in California’s waters, but, at present, little is known about them. -(e) Cyanotoxins are poisonous to humans, pets, livestock, birds, and other wildlife via ingestion, inhalation, or skin exposure. A single dose of microcystin can cause prolonged toxicity by cycling repeatedly between the liver and intestines. -(f) Harmful algal blooms of microcystins are occurring in waters throughout California, and are threatening our water supply and health. Areas with recurrent and worsening cyanotoxin pollution include the Klamath and Sacramento Rivers, the Sacramento and San Joaquin Rivers (from the Sacramento Delta to San Francisco Bay), and Clear Lake. Pinto Lake, Copco Lake, Iron Gate Reservoir, and three segments of the Klamath River have been listed as impaired due to cyanobacteria. Bird deaths attributed to microcystins have also been reported from the Salton Sea. -(g) A harmful algal bloom in the Pacific Ocean is currently threatening the harvest of Dungeness crabs, an important and lucrative state industry. The algal bloom could affect the Dungeness crab population in the ports of Crescent City, Trinity, Eureka, Fort Bragg, Bodega Bay, San Francisco, Half Moon Bay, and Morro Bay. -(h) The Pinto Lake watershed is being evaluated for total maximum daily load (TMDL) regulation for microcystin, and was considered for remediation as an Environmental Protection Agency “superfund” site. -(i) California’s southern sea otters, a state and federally listed threatened species, have died from microcystin poisoning. The source of sea otter exposure appears to be microcystin-contaminated freshwater runoff and possibly contaminated prey species. -(j) Sea otters and humans eat some of the same marine foods that can concentrate microcystin in body tissues; hence, food safety is a public health concern. Freshwater and marine fish and shellfish have not been routinely tested for cyanotoxins in California and limited diagnostic testing is available. -(k) The state needs a coordinated multiagency effort to develop actions and projects that will prevent or mitigate toxic blooms and associated cyanotoxin pollution. -SEC. 2. -Chapter 10 (commencing with Section 31420) is added to Division 21 of the Public Resources Code, to read: -CHAPTER 10. Safe Water and Wildlife Protection Act of 2016 -31420. -This chapter shall be known, and may be cited, as the Safe Water and Wildlife Protection Act of 2016. -31421. -For purposes of this chapter, the following terms have the following meanings: -(a) “Board” means the State Water Resources Control Board. -(b) “Task force” means the Harmful Algal Bloom Task Force created pursuant to Section 31422. -(c) “Waters of the state” means any surface waters in the state, including, but not limited to, coastal lakes, lagoons and estuaries, rivers, streams, inland lakes and reservoirs, wetlands, and marine waters. -31422. -(a) The board shall establish and coordinate the Harmful Algal Bloom Task Force, comprised of a representative of each of the State Department of Public Health, the Department of Fish and Wildlife, the Department of Food and Agriculture, the conservancy, and other relevant agency representatives, to be determined by the chairperson of the board, in consultation with the Secretary for Environmental Protection. The board may augment an existing task force or network to accomplish the requirements of this chapter. -(b) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -31423. -The functions and duties of the task force include all of the following: -(a) Assess and prioritize the actions and research necessary to develop measures that prevent or sustainably mitigate toxic algal blooms in the waters of the state. The assessment shall consider the linked impacts of toxic algal blooms and cyanotoxins on human and animal health, as well as in the context of ecosystem health and water quality. -(b) Solicit and review proposals from universities, local governments, California Native American tribes, and nonprofit organizations for applied research, projects, and programs that accomplish both of the following: -(1) Contribute to development of strategies or implementation of activities that prevent or sustainably mitigate harmful algal blooms, including cyanotoxins and microcystin pollution in the waters of the state. -(2) Establish harmful algal bloom monitoring programs or develop laboratory capacity for analyzing water samples for harmful algal bloom pollution. -(c) Provide funding recommendations to the chairperson of the board and to the Department of Fish and Wildlife, the Wildlife Conservation Board, the conservancy, other members of the task force, and other relevant agency representatives for those proposals for applied research, projects, and programs, described in subdivision (b), that the task force determines will contribute to the development of prevention strategies and sustainable mitigation actions to address harmful algal blooms. -(d) Review the risks and negative impacts of harmful algal blooms and microcystin pollution on humans, wildlife, fisheries, livestock, pets, and aquatic ecosystems, and develop recommendations for prevention and long-term mitigation. The task force shall submit a summary of its findings based on the review, including its recommendations to the appropriate policy and fiscal committees of the Legislature, the Secretary for Environmental Protection, and the Secretary of the Natural Resources Agency on or before January 1, 2019. The recommendations shall provide guidance on what type of programs or state resources will be required to prevent harmful toxic algal blooms and microcystin pollution in the waters of the state over time. -(e) Organize meetings and workshops of experts and stakeholders as needed to implement this section. -(f) Before providing funding recommendations pursuant to subdivision (c), or submitting a summary of findings pursuant to subdivision (d), the task force shall establish a notification procedure and publish notices to inform the public about ongoing activities, and provide opportunities for public review and comment on applied research, projects, and programs solicited pursuant to subdivision (b). -(g) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -31424. -The conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the board, or any of them, may enter into contracts and provide grants, upon appropriation, from funds available pursuant to Section 79730 of the Water Code, Section 18754.1 of the Revenue and Taxation Code, or from other appropriate funds accessible by any of these departments and agencies for applied research, projects, and programs recommended by the task force pursuant to subdivision (c) of Section 31423. -SECTION 1. -Section 510.5 is added to the -Labor Code -, to read: -510.5. -(a)There shall be a rebuttable presumption that an employee is exempt from Section 510 if the employee earns total gross annual compensation of at least one hundred thousand dollars ($100,000) and also customarily and regularly performs any one or more of the exempt duties or responsibilities of an executive, administrative, or professional employee as set forth in the Industrial Welfare Commission Wage Orders. -(b)(1)“Total gross annual compensation” shall include at least one thousand dollars ($1,000) per week paid on a salary or fee basis. Total gross annual compensation may also include commissions, nondiscretionary bonuses, and other nondiscretionary compensation earned during a 52-week period. Total gross annual compensation does not include board, lodging, and other facilities, and does not include payments for medical insurance, paymentsod as the year, such as a calendar year, a fiscal year, or an anniversary of hire year. If the employer does not identify some other year period in advance, the calendar year will apply. -(c)The presumption created under subdivision (a) shall be rebutted only by evidence of one or more of the following: -(1)The employee did not earn total gross annual compensation of at least one hundred thousand dollars ($100,000). -(2)The employee did not earn at least one thousand dollars ($1,000) per week paid on a salary or fee basis. -(3)The employee did not customarily and regularly perform at least one exempt duty or responsibility of an executive, administrative, or professional employee as set forth in the Industrial Welfare Commission Wage Orders. -(d)This section applies only to employees whose primary duty includes performing office or nonmanual work. -(e)(1)This section does not apply to nonmanagement production-line workers and nonmanagement employees in maintenance, construction, and similar occupations, such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers, laborers, and other employees who perform work involving repetitive operations with their hands, physical skill, and energy, regardless of the amount of their compensation. -(2)This section does not apply to an employee covered under a valid collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of employees, including premium wage rates for all overtime hours worked.","Existing law establishes the State Coastal Conservancy and prescribes the membership and functions and duties of the conservancy with respect to preservation of coastal resources in the state. -This bill would enact the Safe Water and Wildlife Protection Act of 2016, which would require the State Water Resources Control Board, until January 1, 2020, to establish and coordinate the Harmful Algal Bloom Task Force, comprised of specified representatives of state agencies, including the conservancy, in consultation with the Secretary for Environmental Protection, and would prescribe the functions and duties of the task force. The bill would require the task force to review the risks and negative impacts of harmful algal blooms and microcystin pollution and to submit a summary of its findings and recommendations to the appropriate policy and fiscal committees of the Legislature, the Secretary of the Natural Resources Agency, and the secretary on or before January 1, 2019. The act would require the task force, before providing funding recommendations or submitting a summary of findings, to notify the public about ongoing activities and provide opportunities for public review and comment on applied research, projects, and programs. The act would authorize the conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the State Water Resources Control Board to enter into contracts and provide grants, upon appropriation, from specified bond funds available under the Water Quality, Supply, and Infrastructure Improvement Act of 2014, the California Sea Otter Fund, or from other appropriate funds for applied research, projects, and programs, recommended by the task force, aimed at preventing or sustainably mitigating harmful algal blooms, including cyanotoxins and microcystin pollution in the waters of the state. -Existing law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Existing law establishes the Division of Labor Standards Enforcement in the Department of Industrial Relations for the enforcement of labor laws, including overtime payment. Under existing law, a person who violates the provisions regulating work hours is guilty of a misdemeanor. -This bill would establish a rebuttable presumption that an employee is exempt from overtime pay if the employee earns total gross annual compensation of at least $100,000 and regularly performs any of the exempt duties or responsibilities of an executive, administrative, or professional employee as set forth in the Industrial Welfare Commission Wage Orders. This bill, to rebut the presumption, would require evidence that the employee did not earn total gross annual compensation of at least $100,000, that the employee did not earn at least $1,000 per week, as specified, or that the employee did not regularly perform at least one exempt duty of an executive, administrative, or professional employee. This bill would only apply to an employee whose primary duty includes office or nonmanual work, as described.","An act to add -Section 510.5 to the Labor Code, relating to -employment -Chapter 10 (commencing with Section 31420) to Division 21 of, and to repeal Sections 31422 and 31423 of, the Public Resources Code, relating to coastal wildlife protection -." -837,"The people of the State of California do enact as follows: - - -SECTION 1. -Part 53 (commencing with Section 87700) is added to Division 7 of Title 3 of the Education Code, to read: -PART 53. Community College Career Technical Education Bond Act -Article 1. Title -87700. -This part shall be known, and may be cited, as the Community College Career Technical Education Bond Act. -Article 2. Definitions -87701. -As used in this part, the following terms have the following meanings: -(a) “Committee” means the Community College Career Technical Education Bond Act Finance Committee created pursuant to Section 87721. -(b) “Fund” means the Community College Career Technical Education Bond Fund created pursuant to Section 87705. -Article 3. Community College Career Technical Education Bond Fund -87705. -The proceeds of bonds issued and sold pursuant to this part shall be deposited in the Community College Career Technical Education Bond Fund, which is hereby created in the State Treasury. -87706. -The Chancellor of the California Community Colleges may issue grants from the fund for the limited purpose of buying and maintaining career technical education facilities and equipment to regions in the state that do both of the following: -(a) Establish a need for career technical education equipment and facilities in order to meet a local employment need. -(b) Within the region, establish community colleges that specialize in various types of career technical education, including, but not limited to, health-related industries, automotive and transportation industries, information technology industries, entertainment and culinary arts, and performing art technology. -87707. -Nothing in this article shall prevent a community college from charging tuition and fees commensurate with the costs of providing career technical education. Moneys from the fund shall supplement and not supplant moneys received from charging tuition and fees. -Article 4. Fiscal Provisions -87720. -(a) Bonds in the total amount of five hundred million dollars ($500,000,000), or so much thereof as is necessary, not including the amount of any refunding bonds issued in accordance with Section 87726 may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. -(b) The Treasurer shall sell the bonds authorized by the committee pursuant to this section. The bonds shall be sold upon the terms and conditions specified in a resolution to be adopted by the committee pursuant to Section 16731 of the Government Code. -87720.5. -The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this part and are hereby incorporated in this part as though set forth in full in this part, except subdivisions (a) and (b) of Section 16727 of the Government Code. -87721. -(a) Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code) of the bonds authorized by this part, the Community College Career Technical Education Bond Act Finance Committee is hereby created. For purposes of this part, the Community College Career Technical Education Bond Act Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. -(b) The committee consists of the Governor, the Controller, the Treasurer, the Director of Finance, and the Chancellor of the California Community Colleges. Notwithstanding any other provision of law, any member may designate a representative to act as that member in his or her place for all purposes, as though the member were personally present. -(c) The Chancellor of the California Community Colleges shall serve as chairperson of the committee. -(d) A majority of the committee may act for the committee. -87721.5. -The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out the actions specified in this part and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. -87722. -For purposes of the State General Obligation Bond Law, “board,” as defined in Section 16722 of the Government Code, means the Chancellor of the California Community Colleges. -87722.5. -There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. -87723. -Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this part, an amount that will equal the total of the following: -(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this part, as the principal and interest become due and payable. -(b) The sum that is necessary to carry out the provisions of Section 87724.5, appropriated without regard to fiscal years. -87723.5. -The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account in accordance with Section 16312 of the Government Code for the purpose of carrying out this part less any amount withdrawn pursuant to Section 87724.5. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this part. The board shall execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated in accordance with this part. -87724. -Notwithstanding any other provision of this part, or of the State General Obligation Bond Law, if the Treasurer sells bonds that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions or is otherwise entitled to any federal tax advantage, the Treasurer may maintain separate accounts for the bond proceeds invested and for the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. -87724.5. -For the purposes of carrying out this part, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this part less any amount borrowed pursuant to Section 87723.5. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, with interest at the rate earned by the money in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this part. -87725. -All money deposited in the fund that is derived from premium and accrued interest on bonds sold pursuant to this part shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except that amounts derived from premium may be reserved and used to pay the cost of bond issuance prior to any transfer to the General Fund. -87725.5. -Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond issuance shall be paid out of the bond proceeds, including premium, if any. To the extent the cost of bond issuance is not paid from premiums received from the sale of bonds, these costs shall be shared proportionately by each program funded through this part by the applicable bond sale. -87726. -The bonds issued and sold pursuant to this part may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds under this part shall include approval of the issuance of any bonds issued to refund any bonds originally issued under this part or any previously issued refunding bonds. -87726.5. -The proceeds from the sale of bonds authorized by this part are not “proceeds of taxes” as that term is used in Article XIII B and Section 8 of Article XVI of the California Constitution, and the disbursement of these proceeds is not subject to the limitations imposed by Article XIII B of the California Constitution. -SEC. 2. -Section 1 of this act shall take effect upon the approval by the voters of the Community College Career Technical Education Bond Act, as set forth in that section, which shall be submitted to the voters at the November 8, 2016, statewide general election.","Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes them to operate campuses and provide instruction to students. -This bill would enact the Community College Career Technical Education Bond Act, which, if adopted by the voters at the November 8, 2016, statewide general election, would authorize the issuance of bonds in amount of $500,000,000 pursuant to the State General Obligation Bond Law to finance a community college career technical education bond program.","An act to add Part 53 (commencing with Section 88700) to Division 7 of Title 3 of the Education Code, relating to financing community college career technical education facilities and equipment, by providing the funds necessary therefor through an election for the issuance and sale of bonds of the State of California and for the handling and disposition of those funds." -838,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California’s climate is changing, posing an escalated threat to public health, the environment, the economy, and public and private property in the state. The increasing frequency of extreme weather events, including floods and heat waves, fires, rising sea levels, and changes in hydrology, including diminishing snowpacks and more frequent droughts, among other climate change impacts, will affect every part of residents’ lives in the next century and beyond. Planning appropriately for these impacts will help us be better prepared for the future. -(b) The impacts of climate change, including longer droughts, extended floods, prolonged fire seasons with larger and more intense fires, heat waves, and sea level rise, are already creating challenges for public health and safety and causing destructive property damage. -(c) Climate change poses a threat not just to the lives and health of residents but also to the state’s economy and to the financial health of our local governments. -(d) According to the Natural Resources Agency’s report, “Safeguarding California: Reducing Climate Risk,” state-of-the-art modeling shows that a single extreme winter storm in California could cost on the order of $725,000,000,000, including total direct property losses of nearly $400,000,000,000 and devastating impacts to residents, the economy, and natural resources. -(e) Adapting to climate change, in addition to reducing the impacts of climate change on California’s natural resources and infrastructure, is essential to protecting the state’s environment and economy over time and will require coordination across all state departments and agencies. -(f) Given the potential impacts and the long-term nature of effective planning, California needs to take action now. -SEC. 2. -Part 3.7 (commencing with Section 71150) is added to Division 34 of the Public Resources Code, to read: -PART 3.7. Climate Change and Climate Adaptation -71150. -For purposes of this part, the following terms have the following meanings: -(a) “Agency” means the Natural Resources Agency. -(b) “Council” means the Strategic Growth Council. -(c) “Plan” means the Safeguarding California Plan. -71152. -It is the intent of the Legislature to prioritize the state’s response to the impacts resulting from climate change by ensuring all state departments and agencies prepare for and are ready to respond to the impacts of climate change, such as extreme weather events, the urban heat island effect, habitat loss, wildfire, sea-level rise, and drought. It also is the intent of the Legislature that the agency consider developing policies to address the impacts of climate change and climate adaptation with a focus on people, places, and water and that actions taken to address climate adaptation should be consistent with the plan. -71153. -(a) By July 1, 2017, and every three years thereafter, the agency shall update the state’s climate adaptation strategy, known as the plan. As part of the update, the agency shall coordinate with other state agencies to identify a lead agency or group of agencies to lead adaptation efforts in each sector. The updates to the plan shall include all of the following: -(1) Vulnerabilities to climate change by sector, as identified by the lead agency or group of agencies, and regions, including, at a minimum, the following sectors: -(A) Water. -(B) Energy. -(C) Transportation. -(D) Public health. -(E) Agriculture. -(F) Emergency services. -(G) Forestry. -(H) Biodiversity and habitat. -(I) Ocean and coastal resources. -(2) Priority actions needed to reduce risks in those sectors, as identified by the lead agency or group of agencies. -(b) By January 1, 2017, and every three years thereafter, the agency shall release a draft plan. Between the release of the draft plan and the publication of the final update of the plan, the agency shall hold at least three public hearings for the purpose of providing an opportunity for the public to review and provide written and oral comments on the draft plan. The public hearings shall be held in northern California, the central valley of California, and southern California. -(c) The agency shall annually report to the Legislature, consistent with Section 9795 of the Government Code, on actions taken by each applicable agency to implement the plan. -71154. -To address the vulnerabilities identified in the plan, state agencies shall work to maximize, where applicable and feasible, the following objectives: -(a) Educating the public about the consequences of climate change, such as sea-level rise, extreme weather events, the urban heat island effect, habitat loss, wildfire, drought, threats to infrastructure and agriculture, worsening air and water quality, and public health impacts. -(b) Ensuring there is a continued repository for scientific data on climate change and climate adaptation in the state in order to facilitate educated state and local policy decisions and to help identify primary risks from climate change to residents, property, communities, and natural systems across the state. -(c) (1) Promoting the use of the plan to inform planning decisions and ensure that state investments consider climate change impacts, as well as promote the use of natural systems and natural infrastructure, when developing physical infrastructure to address adaptation. -(2) When developing infrastructure to address adaptation, where feasible, a project alternative should be developed that utilizes existing natural features and ecosystem processes or the restoration of natural features and ecosystem processes to meet the project’s goals. -(3) For purposes of this subdivision, “natural infrastructure” means the preservation or restoration of ecological systems or the utilization of engineered systems that use ecological processes to increase resiliency to climate change, manage other environmental hazards, or both. This may include, but need not be limited to, flood plain and wetlands restoration or preservation, combining levees with restored natural systems to reduce flood risk, and urban tree planting to mitigate high heat days. -(d) Encouraging regional collaborative planning efforts to address regional climate change impacts and adaptation strategies. -(e) Promoting drought resiliency through an integrated water supply, delivery, and capture system that is coordinated and that can be resilient to a multiyear drought scenario while protecting water quality and the public health. Establishing both drought preparation programs, which will help create sustainable water systems in the future, and immediate drought response programs, which will reduce water demand or increase supply within one to five years of any declared drought. -(f) Building resilient communities by developing urban greening projects that reduce air pollution and heat reflection in urban areas and create livable, sustainable communities in urban cores to promote infill development and reduce greenhouse gas emissions. -(g) Protecting and enhancing habitat, species strongholds, and wildlife corridors that are critical to the preservation of species that are at risk from the consequences of climate change. -(h) Promoting actions to ensure healthy soils and sustainable agriculture; inform reliable transportation planning; improve emergency management response across sectors; ensure sufficient, reliable, and safe energy; improve capacity to reduce and respond to public health threats; address the impacts of climate change on disadvantaged communities; and protect cultural resources from the impacts of climate change. -SEC. 3. -Section 75125 of the Public Resources Code is amended to read: -75125. -The council shall do all of the following: -(a) Identify and review activities and funding programs of state agencies that may be coordinated to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and the strategies and priorities developed in the state’s climate adaptation strategy known as the Safeguarding California Plan adopted pursuant to Section 71152, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner. At a minimum, the council shall review and comment on the five-year infrastructure plan developed pursuant to Article 2 (commencing with Section 13100) of Chapter 2 of Part 3 of Division 3 of Title 2 of the Government Code and the State Environmental Goals and Policy Report developed pursuant to Section 65041 of the Government Code. -(b) Recommend policies and investment strategies and priorities to the Governor, the Legislature, and to appropriate state agencies to encourage the development of sustainable communities, such as those communities that promote equity, strengthen the economy, protect the environment, and promote public health and safety, consistent with subdivisions (a) and (c) of Section 75065. -(c) Provide, fund, and distribute data and information to local governments and regional agencies that will assist in developing and planning sustainable communities. -(d) Manage and award grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129. To implement this subdivision, the council may do all of the following: -(1) Develop guidelines for awarding financial assistance, including criteria for eligibility and additional consideration. -(2) Develop criteria for determining the amount of financial assistance to be awarded. The council shall award a revolving loan to an applicant for a planning project, unless the council determines that the applicant lacks the fiscal capacity to carry out the project without a grant. The council may establish criteria that would allow the applicant to illustrate an ongoing commitment of financial resources to ensure the completion of the proposed plan or project. -(3) Provide for payments of interest on loans made pursuant to this article. The rate of interest shall not exceed the rate earned by the Pooled Money Investment Board. -(4) Provide for the time period for repaying a loan made pursuant to this article. -(5) Provide for the recovery of funds from an applicant that fails to complete the project for which financial assistance was awarded. The council shall direct the Controller to recover funds by any available means. -(6) Provide technical assistance for application preparation. -(7) Designate a state agency or department to administer technical and financial assistance programs for the disbursing of grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129. -(e) Provide an annual report to the Legislature that shall include, but need not be limited to, all of the following: -(1) A list of applicants for financial assistance. -(2) Identification of which applications were approved. -(3) The amounts awarded for each approved application. -(4) The remaining balance of available funds. -(5) A report on the proposed or ongoing management of each funded project. -(6) Any additional minimum requirements and priorities for a project or plan proposed in a grant or loan application developed and adopted by the council pursuant to subdivision (c) of Section 75126.","Existing law establishes the Natural Resources Agency, comprised of departments, boards, conservancies, and commissions responsible for the restoration, protection, and management of the state’s natural and cultural resources. -Existing law establishes the Strategic Growth Council in state government and assigns to the council certain duties, including providing, funding, and distributing data and information to local governments and regional agencies that will assist in the development and planning of sustainable communities. -This bill would require the agency, by July 1, 2017, and every 3 years thereafter, to update the state’s climate adaptation strategy, as provided. The bill would require the agency, by January 1, 2017, and every 3 years thereafter, to release a draft climate adaptation strategy, as provided. The bill would require state agencies to maximize specified objectives, including, among others, promoting the use of the climate adaptation strategy to inform planning decisions and ensure that state investments consider climate change impacts, as well as promote the use of natural systems and natural infrastructure, as defined, when developing physical infrastructure to address adaptation. -This bill also would expand the duties of the council to include identifying and reviewing the activities and funding programs of all state agencies, instead of only the state agencies that are members of the council, to coordinate specified state objectives, including, among others, meeting the goals of the state’s climate adaptation strategy.","An act to amend Section 75125 of, and to add Part 3.7 (commencing with Section 71150) to Division 34 of, the Public Resources Code, relating to climate change." -839,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) California is home to a large number of military personnel, including 150,000 active duty personnel. -(2) Military families are a unique population with unique circumstances. The children of military families face constant transition, including family mobility and parental deployment. -(3) Military families move more than twice as often as civilian families. Forty percent of officers and 60 percent of enlisted personnel move during the school year. Thus, the lower the rank of the military family member, the more often the family moves. -(4) During a time of war, military families endure the strains of long-term separation as one or both parents may be deployed overseas. -(5) During parental deployment children are often anxious, stressed, and confused. Child care providers and preschools can be places where stability and routine can provide security. The routine helps to cushion the impact of parental deployment. -(6) Early education can be a determining factor in the early academic success of a pupil from a military family by providing educational enrichment, as well as a stable and nurturing learning environment. -(b) Given these special circumstances, it is the intent of the Legislature in enacting this act to ensure that military families have access to the child care development services that their children need. -SEC. 2. -Section 8209.5 is added to the Education Code, to read: -8209.5. -(a) For purposes of determining eligibility for services offered pursuant to this chapter, the income of an individual who is on federal active duty, state active duty, active duty for special work, or Active Guard and Reserve duty in the military shall not include the amount of the basic allowance for housing pursuant to Section 403 of Title 37 of the United States Code provided to the individual that is equal to the lowest rate of the allowance for the military housing area in which the individual resides. -(b) This section does not affect the priorities for federal and state subsidized child development services established pursuant to subdivision (b) of Section 8263. -SECTION 1. -Section 35035.5 is added to the -Education Code -, to read: -35035.5. -(a)The superintendent of a school district shall not transfer or assign a certificated employee with the primary responsibility of being the classroom teacher of record to a schoolsite if the transfer or assignment would result in the reduction of the average effective teacher experience factor at the schoolsite to less than 90 percent of the average effective teaching experience factor in the school district for schools of the same type. -(b)The applicable effective teaching experience factor shall be determined by months, subject to the following conditions: -(1)The maximum number of months that may be counted for a single certificated employee is 60 months. -(2)At the discretion of the governing board of the school district, a certificated instructional employee with the highest rating on a multiple positive-rating level performance scale may be counted for up to 60 months, regardless of his or her length of service in the school district. -(3)Months during an evaluation cycle in which a probationary or permanent certificated instructional employee received a final evaluation rating of unsatisfactory shall not be counted. -(4)Months during which a certificated employee was assigned primarily noninstructional duties shall not be counted. -(c)Notwithstanding any other law, the state board shall waive any part of this section or any regulation adopted by the state board that implements this section upon the request of the governing board of a school district if the governing board of the school district does all of the following: -(1)Demonstrates, to the satisfaction of the state board, that the certificated employee subject to transfer or assignment has the appropriate credential necessary to teach a specific course, grade level, or program of study, there is a critical shortage for certificated employees with such a credential in the local labor market, and the placement would enable the schoolsite to achieve its stated goals on behalf of all pupils, including identified subgroups, as identified for that schoolsite in the school district’s local control and accountability plan adopted pursuant to Section 52060. -(2)Provides written documentation that the exclusive representative of certificated employees has been consulted. -(3)Provides written documentation that the principal of the schoolsite has approved of the proposed transfer or assignment, and is aware of the related staff development, mentoring, and evaluation workload the transfer or assignment would necessitate. -(d)The prohibition in this section applies to the exercise of authority by any administrator or other certificated school employee responsible for certificated employee assignment decisions, notwithstanding subdivision (e) or (f) of Section 35035. -SEC. 2. -Section 37037 is added to the -Education Code -, to read: -37037. -(a)A pupil shall not knowingly be assigned to a classroom where the teacher of record received an unsatisfactory performance rating in the most recent evaluation and assessment of the employee’s job performance unless the employee is actively participating in a California Peer Assistance and Review Program established pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 of Part 25 or all of the following conditions are met: -(1)The teacher of record is receiving the assistance required by subdivision (b) of Section 44664 and is being supported with the assistance and guidance of a certificated employee who possesses a valid certification for the same level and type of credential required for the subject matter and grade level being taught. -(2)The effective teaching experience factor calculated pursuant to Section 35035.5 of the employee providing assistance and guidance is not less than the average effective teaching experience factor in the school district for schools of the same type. -(3)The employee providing assistance and guidance to the teacher of record has not received an unsatisfactory performance rating in the three most recent evaluation cycles. -(b)Any provision of this section may be waived on an individual basis by a vote of the local governing board of the school district if a parent or guardian of a pupil has been notified in writing in the home language of the pupil and the parent or guardian has approved the submission of the waiver request in writing before the proposed assignment. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. -This bill would exclude from income the amount of the basic allowance for housing provided to an individual who is on federal active duty, state active duty, active duty for special work, or Active Guard and Reserve duty in the military that is equal to the lowest rate of the allowance for the military housing area in which the individual resides for purposes of determining eligibility for child care and development services. -Existing law requires the superintendent of each school district to assign employees employed in positions requiring certification qualifications to positions in which they are to serve, subject to the approval of the governing board of the school district, and authorizes the superintendent of each school district to transfer teachers consistent with the adopted school district policy concerning transfer of teachers from one school to another school within the school district. Existing law requires each school district to evaluate and assess certificated employee performance as it reasonably relates to pupil academic progress, the instructional techniques and strategies used by the employee, the employee’s adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment, within the scope of the employee’s responsibilities. -This bill would prohibit the superintendent of a school district from transferring or assigning a certificated employee with the primary responsibility of being the classroom teacher of record to a schoolsite if the transfer or assignment would result in the reduction of the average effective teacher experience factor at the schoolsite to less than 90% of the average effective teaching experience factor in the school district for schools of the same type, as specified. Notwithstanding that provision, the bill would require the State Board of Education to waive the prohibition upon the request of the governing board of a school district if the governing board of the school district meets certain conditions, including, among others, demonstrating, to the satisfaction of the state board, that the certificated employee subject to transfer or assignment has the appropriate credential necessary to teach a specific course, grade level, or program of study, and there is a critical shortage for certificated employees with such a credential in the local labor market. -The bill also would prohibit a pupil from being knowingly assigned to a classroom where the teacher of record received an unsatisfactory performance rating in the most recent evaluation and assessment of the employee’s job performance unless the employee is actively participating in a California Peer Assistance and Review Program or other specified conditions are met. The bill would authorize the governing board of a school district to waive the prohibition on an individual basis, as provided. -To the extent this bill would impose additional duties on school districts, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Sections 35035.5 and 35037 to the Education Code, relating to teachers. -An act to add Section 8209.5 to the Education Code, relating to early childhood education." -840,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 5.9 (commencing with Section 13849) is added to Title 6 of Part 4 of the Penal Code, to read: -CHAPTER 5.9. California High Technology Crimes Task Force -13849. -(a) The California High Technology Crimes Task Force is hereby established. The task force shall do all of the following: -(1) Analyze existing statutes for adequacy in addressing identity theft, Internet crimes, and credit card fraud. If the analysis determines that those statutes are inadequate, the task force shall recommend revisions or new provisions that specifically address identity theft, Internet crimes, and credit card fraud. -(2) Collect and organize data on the nature an extent of identity theft, Internet crimes, and credit card fraud. -(3) Examine collaborative models between governmental and nongovernmental organizations for prevention and prosecution of identity theft, Internet crimes, and credit card fraud. -(4) Measure and evaluate the progress of the state in preventing and prosecuting identity theft, Internet crimes, and credit card fraud, and protecting and providing assistance to victims of those crimes. -(5) Evaluate approaches to increase public awareness of preventing identity theft, Internet crimes, and credit card fraud. -(6) Consult with governmental and nongovernmental organizations in developing recommendations to strengthen state and local efforts to prevent and prosecute identity theft, Internet crimes, and credit card fraud, and to assist victims of those crimes. -(7) Identify available federal, state, and local funding and grant opportunities to prevent and prosecute identity theft, Internet crimes, and credit card fraud, and to assist victims of those crimes. -(b) The task force shall consist of the following members: -(1) A designee of the California District Attorneys Association. -(2) A designee of the California State Sheriffs’ Association. -(3) A designee of the California Police Chiefs Association. -(4) A designee of the Department of the California Highway Patrol. -(5) A designee of the Federal Bureau of Investigation. -(6) A designee of the Attorney General. -(7) A representative of the California cellular telephone industry. -(8) A representative of the California Internet industry. -(9) A representative of the California cable industry. -(10) A representative of the California movie industry. -(11) A representative of the California banking industry. -(c) The task force shall conduct a study to accomplish the objectives of subdivision (a) and shall report the findings of the study to the Legislature, in compliance with Section 9795 of the Government Code, on or before December 31, 2017. -SECTION 1. -Section 7470 of the -Government Code -is amended to read: -7470. -(a)Except as provided in Section 7480, an officer, employee, or agent of a state or local agency or department thereof, in connection with a civil or criminal investigation of a customer, whether or not an investigation is being conducted pursuant to formal judicial or administrative proceedings, shall not request or receive copies of, or the information contained in, the financial records of a customer from a financial institution unless the financial records are described with particularity and are consistent with the scope and requirements of the investigation giving rise to the request and any of the following apply: -(1)The customer has authorized disclosure to such officer, employee or agent of such state or local agency or department thereof in accordance with Section 7473. -(2)The financial records are disclosed in response to an administrative subpoena or summons that meets the requirements of Section 7474. -(3)The financial records are disclosed in response to a search warrant that meets the requirements of Section 7475. -(4)The financial records are disclosed in response to a judicial subpoena or subpoena duces tecum that meets the requirements of Section 7476. -(b)Nothing in this section or in Sections 7473, 7474, 7475, and 7476 shall require a financial institution to inquire or determine that those seeking disclosure have duly complied with the requirements set forth therein, provided only that the customer authorization, administrative subpoena or summons, search warrant, or judicial subpoena or order served on or delivered to a financial institution pursuant to these sections shows compliance on its face. -(c)The financial institution shall maintain for a period of five years a record of all examinations or disclosures of the financial records of a customer pursuant to this chapter, including the identity of the person examining the financial records, the state or local agency or department thereof that he or she represents, and a copy of the customer authorization, subpoena, summons or search warrant providing for the examination or disclosure or a copy of the certification received pursuant to subdivision (b) of Section 7480. A record maintained pursuant to this subdivision shall be available, within five days of request, during normal business hours for review by the customer at the office or branch where the customer’s account was located when examined or disclosed. A copy of the record shall be furnished to the customer upon request and payment of the reasonable cost thereof. -(d)Except as provided in Section 7480, this section is not intended to preclude a state or local law enforcement agency from initiating contact with a financial institution if there is reason to believe that the institution is a victim of a crime. After this contact by a law enforcement agency, if the financial institution believes it is a victim of a crime, it may, in its discretion, disclose relevant financial records pursuant to subdivision (c) of Section 7471.","Existing law establishes various crime task forces, and establishes the High Technology Theft Apprehension and Prosecution Program, which is a program to provide financial and technical assistance to law enforcement and district attorney agencies relative to specified high technology crimes. -This bill would establish the California High Technology Crimes Task Force to, among other tasks, analyze existing statutes for adequacy in addressing identity theft, Internet crimes, and credit card fraud, develop recommendations to prevent and prosecute those crimes, and identify funding sources for those purposes and to assist victims of those crimes. The bill would require the task force to report to the Legislature on those matters on or before December 31, 2017. -Existing law generally prohibits an officer, employee, or agent of a state or local agency, in connection with a civil or criminal investigation, from requesting or receiving copies of, or the information contained in, the financial records of a customer from a financial institution unless the records are described with particularity, consistent with the scope and requirements of the investigation, and other conditions are met. -This bill would make technical, nonsubstantive changes to these provisions.","An act to -amend Section 7470 of the Government Code, relating to governmental investigations. -add Chapter 5.9 (commencing with Section 13849) to Title 6 of Part 4 of the Penal Code, relating to crime." -841,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 33039 of the Education Code is amended to read: -33039. -The -State Board of Education -state board -shall develop guidelines -which -that -school districts may use in the development of teacher evaluation procedures pursuant to Article 11 (commencing with Section 44660) of Chapter 1 of Part 25 of Division 3 of this title, and shall distribute -such -the -guidelines to every school district. -The development of these guidelines shall comply with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). -SEC. 2. -Article 14 (commencing with Section 44672) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, to read: -Article 14. Common Evaluation System Provisions -44672. -If applicable, multiple measures of pupil progress, pupil academic growth, pupil achievement, and pupil outcomes as used in this chapter for purposes of evaluating and assessing certificated employee performance may include, but shall not be limited to, any of the following sources: -(a) State-adopted formative and summative criterion referenced assessments. -(b) School district, school, or department-developed assessments. -(c) Curriculum-based and end-of-course assessments. -(d) Pretest and posttest data. -(e) Interim, periodic, benchmark, and formative assessments. -(f) English language proficiency assessments. -(g) Assessments measuring progress in an individualized education program. -(h) Advance placement, international baccalaureate, and college preparedness examinations. -(i) A-G coursework completion. -(j) Industry-recognized career technical education assessments and program completion. -(k) Portfolios of pupils’ work, projects, and performances redacted of personally identifiable pupil information. -(l) Surveys from parents, if approved in advance by the certificated employee. -(m) Surveys from pupils, if approved in advance by the certificated employee. -(n) Written reports from classroom observations. -(o) Progress on outcomes described in the local control and accountability plan pursuant to paragraphs (4) and (8) of subdivision (d) of Section 52060. -44673. -(a) The employing authority shall use a minimum of three rating levels of professional achievement for evaluation and assessment of certificated employees pursuant to this chapter. -(b) At least two rating levels shall identify certificated employees who meet either of the following: -(1) Require more development and growth to achieve a rating of satisfactory or meeting standards, and who are required to participate and receive appropriate additional support, training, and assistance. -(2) Demonstrate unsatisfactory performance or conduct, unsuccessfully participated in mandatory corrective action, refused to participate in required additional support and training, or are subject to mandatory reassignment, suspension, or adverse action resulting from charges pursuant to Article 3 (commencing with Section 44930) of Chapter 4. This rating level shall be applicable to paragraph (5) of subdivision (a) of Section 44932. -44674. -(a) If a school district participates in the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500), a certificated employee who receives a rating in either of the levels described by subdivision (b) of Section 44673 on an evaluation performed pursuant to Section 44664 shall participate in the California Peer Assistance and Review Program for Teachers. -(b) Notwithstanding any other law, in endeavoring to assist the employee as mandated by Article 11 (commencing with Section 44660) and Article 13 (commencing with Section 44670), the school district shall, at a minimum, consider the employee’s eligibility for professional development identified in the school district and applicable school’s local control and accountability plan, and prioritize the employee’s eligibility for any professional development supported by one-time or ongoing funds appropriated by the Legislature in the annual Budget Act, including professional development in the state academic content standards adopted by the state board, and training on services to English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SECTION 1. -Section 44662 of the -Education Code -is amended to read: -44662. -(a)The governing board of a school district shall establish standards of expected pupil achievement at each grade level in each area of study. -(b)The governing board of a school district shall evaluate and assess certificated employee performance as it reasonably relates to: -(1)The progress of pupils toward the standards established pursuant to subdivision (a) and, if applicable, pupil achievement and pupil outcomes described in the local control and accountability plan pursuant to paragraphs (4) and (8) of subdivision (d) of Section 52060, and the state adopted academic content standards as measured by state adopted criterion referenced assessments. -(2)The instructional techniques and strategies used by the employee. -(3)The employee’s adherence to curricular objectives. -(4)The establishment and maintenance of a suitable learning environment, within the scope of the employee’s responsibilities. -(c)The governing board of a school district shall establish and define job responsibilities for certificated noninstructional personnel, including, but not limited to, supervisory and administrative personnel, whose responsibilities cannot be evaluated appropriately under the provisions of subdivision (b) and shall evaluate and assess the performance of those noninstructional certificated employees as it reasonably relates to the fulfillment of those responsibilities. -(d)Results of an employee’s participation in the California Peer Assistance and Review Program for Teachers established by Article 4.5 (commencing with Section 44500) shall be made available as part of the evaluation conducted pursuant to this section. -(e)The evaluation and assessment of certificated employee performance pursuant to this section shall not include the use of publishers’ norms established by standardized tests. -(f)Nothing in this section shall be construed as in any way limiting the authority of the governing board of a school district to develop and adopt additional evaluation and assessment guidelines or criteria. -(g)For purposes of paragraph (1) of subdivision (b), evidence of actual pupil progress may include, but shall not be limited to, written reports from classroom observations and data from any or all of the following: -(1)State-adopted criterion referenced assessments. -(2)District, school, or department-developed assessments. -(3)Curriculum-based and end-of-course assessments. -(4)Pretest and posttest data. -(5)Interim, periodic, benchmark, and formative assessments. -(6)English language proficiency assessments. -(7)Assessments measuring progress in an individualized education program. -(8)Advance placement, international baccalaureate and college preparedness examinations. -(9)A-G coursework completion. -(10)Industry-recognized career technical education assessments and program completion. -(11)Portfolios of pupils’ work and projects and of live and recorded pupil performances. -(12)Surveys from parents. -SEC. 2. -Section 44663 of the -Education Code -is amended to read: -44663. -(a)The employing authority shall utilize a minimum of three rating levels of professional achievement for evaluation and assessment of certificated employees pursuant to this article. -(b)At least two rating levels shall identify certificated employees who meet either of the following: -(1)Require more development and growth to achieve a rating of satisfactory or meeting standards, and who are to participate and receive appropriate additional support, training, and assistance pursuant to Section 44664. -(2)Demonstrate unsatisfactory performance or conduct, unsuccessfully participated in mandatory corrective action, refused to participate in required additional support and training pursuant to Section 44664, or are subject to mandatory reassignment, suspension, or adverse action resulting from charges pursuant to Article 3 (commencing with Section 44930) of Chapter 4. -(c)The evaluation and assessment made pursuant to this article shall be reduced to writing and a copy of the evaluation and assessment shall be transmitted to the certificated employee not later than 30 days before the last schoolday scheduled on the school calendar adopted by the governing board for the school year in which the evaluation takes place. The certificated employee shall have the right to initiate a written reaction or response to the evaluation. This response shall become a permanent attachment to the employee’s personnel file. Before the last schoolday scheduled on the school calendar adopted by the governing board for the school year, a meeting shall be held between the certificated employee and the evaluator to discuss the evaluation. -(d)In the case of a certificated noninstructional employee, who is employed on a 12-month basis, the evaluation and assessment made pursuant to this article shall be reduced to writing and a copy of the evaluation and assessment shall be transmitted to the certificated employee no later than June 30 of the year in which the evaluation and assessment is made. A certificated noninstructional employee, who is employed on a 12-month basis shall have the right to initiate a written reaction or response to the evaluation. This response shall become a permanent attachment to the employee’s personnel file. Before July 30 of the year in which the evaluation and assessment takes place, a meeting shall be held between the certificated employee and the evaluator to discuss the evaluation and assessment. -SEC. 3. -Section 44664 of the -Education Code -is amended to read: -44664. -(a)Evaluation and assessment of the performance of each certificated employee shall be made on a continuing basis as follows: -(1)At least once each school year for probationary personnel. -(2)At least every other year for personnel with permanent status. -(3)At least every five years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, if those personnel occupy positions that are required to be filled by a highly qualified professional by the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), as defined in Section 7801 of Title 20 of the United States Code, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree. The certificated employee or the evaluator may withdraw consent at any time. -(b)The evaluation shall include recommendations, if necessary, as to areas of improvement in the performance of the employee. If an employee is not performing his or her duties in a satisfactory manner according to the standards prescribed by the governing board, the employing authority shall notify the employee in writing of that fact and describe the unsatisfactory performance. The employing authority shall thereafter confer with the employee making specific recommendations as to areas of improvement in the employee’s performance and endeavor to assist the employee in his or her performance. If a permanent certificated employee has received an evaluation rating in either of the levels described in subdivision (b) of Section 44663, the employing authority shall annually evaluate the employee until the employee achieves a positive evaluation or is separated from the district. -(c)An evaluation performed pursuant to this article that contains a rating of an employee’s performance described in subdivision (b) of Section 44663 in the area of teaching methods, instruction, or progress of pupils towards standards of expected pupil achievement, may include the requirement that the certificated employee shall, as determined necessary by the employing authority, participate in a program designed to improve appropriate areas of the employee’s performance and to further pupil achievement and the instructional objectives of the employing authority. -(d)If a district participates in the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500), any certificated employee who receives a rating in either of the levels described by subdivision (b) of Section 44663 on an evaluation performed pursuant to this section shall participate in the California Peer Assistance and Review Program for Teachers. -(e)Notwithstanding any other law, in endeavoring to assist the employee pursuant to subdivision (b), the district shall, at a minimum, prioritize the employee’s eligibility for professional development identified in the district and applicable school’s local control and accountability plan, and any professional development supported by one time or ongoing funds appropriated by the Legislature in the annual Budget Act, including professional development in the state academic content standards adopted by the state board, and training on services to English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4. -(f)Hourly and temporary hourly certificated employees, other than those employed in adult education classes who are excluded by the provisions of Section 44660, and substitute teachers may be excluded from this section at the discretion of the governing board. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the State Board of Education to develop guidelines that school districts may use in the development of certain teach evaluation procedures and to distribute those guidelines to every school district. -This bill would require the development of those guidelines to comply with the Administrative Procedure Act. -Existing law states the intent of the Legislature that governing boards of school districts establish a uniform system of evaluation and assessment of the performance of all certificated personnel within each school district of the state. Existing law requires the governing board of each school district to establish standards of expected pupil achievement at each grade level in each area of study and to evaluate and assess certificated employee performance on a continuing basis as it reasonably relates to specified matters, including pupil progress, as provided. Existing law authorizes the governing board of a school district to develop and adopt additional evaluation and assessment guidelines or criteria. -This bill would -also require the governing board of each school district to evaluate and assess certificated employee performance as it reasonably relates to pupil achievement and pupil outcomes, if applicable, as provided. The bill would provide that evidence of actual pupil progress may include written reports from classroom observations and data from various sources, including state-adopted criterion referenced assessments. -provide, if applicable, multiple measures of pupil progress, pupil academic growth, pupil achievement, and pupil outcomes as used for certain purposes of evaluating and assessing certificated employee performance may include specified sources. -The bill would require an employing authority to -utilize -use -a minimum of 3 rating levels of professional achievement for evaluation and assessment of certificated employees, as provided. -By imposing additional duties on school districts, this bill would impose a state-mandated local program. -Existing law requires an evaluation to include recommendations, if necessary, as to areas of improvement in the performance of the employee. Existing law -requires or -authorizes -certain things relating to the evaluation -these evaluations to include a requirement that the employee participate in a specified program -if a permanent certificated employee receives an unsatisfactory evaluation. -This bill would instead -require or authorize these things relating to the evaluation -require an employee, -if -the -that -employee receives one of the -specified -rating levels of professional achievement for evaluation and -assessment. -assessment, to participate in the California Peer Assistance and Review Program for Teachers if the school district participates in that program. -The bill would require, in order to endeavor to -assess -assist -the employee in areas of improvement, the school district to, at minimum, -consider the employee’s eligibility for professional development identified in the school district and applicable school’s local control and accountability plan, and -prioritize the employee’s eligibility for professional development, as provided. By expanding the duties of a school district, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend -Sections 44662, 44663, and 44664 of -Section 33039 of, and to add Article 14 (commencing with Section 44672) to Chapter 3 of Part 25 of Division 3 of Title 2 of, -the Education Code, relating to teachers." -842,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4001 of the Elections Code is amended to read: -4001. -(a) Notwithstanding Section 4000 or any other law, as a pilot program, elections in San Mateo County, Yolo County, Sacramento County, and Monterey County may be conducted wholly by mail if all of the following conditions are satisfied: -(1) The governing body of the city, county, or district, by resolution, authorizes the all-mailed ballot election and notifies the Secretary of State of its intent to conduct an all-mailed ballot election at least 88 days before the date of the election. -(2) The election does not occur on the same date as a statewide primary or general election or any other election conducted in an overlapping jurisdiction that is not consolidated and conducted wholly by mail pursuant to this section. -(3) The election is not a special election to fill a vacancy in a state office, the Legislature, or Congress. -(4) (A) At least one ballot drop-off location is provided per city or the ballot drop-off locations are fixed in a manner so that the number of residents for each ballot drop-off location does not exceed 100,000 on the 88th day before the day of election, whichever results in more drop-off locations. A ballot drop-off location shall be open during business hours to receive voted ballots beginning 28 days before the date of the election and until 8 p.m. on the day of the election. -(B) (i) For San Mateo County and Yolo County, at least one polling place is provided per city. -(ii) For Monterey County and Sacramento County, at least one polling place is provided for every 50,000 registered voters, with a minimum of one polling place per city, in a manner so that the number of registered voters for each polling place does not exceed 50,000 on the 88th day before the day of election, whichever results in more polling places. -(iii) A polling place provided pursuant to this subparagraph shall allow voters to request a ballot between 7 a.m. and 8 p.m. on the day of the election if they have not received their ballots in the mail or if they need replacement ballots for any other reason. -(C) Upon the request of the city, county, or district, the elections official, at his or her discretion, may provide additional ballot drop-off locations and polling places. -(5) The elections official delivers to each voter all supplies necessary for the use and return of the mail ballot, including an envelope for the return of the voted mail ballot with postage prepaid. -(6) The elections official delivers to each voter, with either the sample ballot sent pursuant to Section 13303 or with the voter’s ballot, a list of the ballot drop-off locations and polling places provided pursuant to paragraph (4), and also posts that list on the Internet Web site of the county elections office. -(7) The return of voted mail ballots is subject to Section 3017. -(8) (A) The polling places provided under this section are at an accessible location and are equipped with voting units or systems that are accessible to individuals with disabilities and that provide the same opportunity for access and participation, including the ability to vote privately and independently. -(B) A ballot drop-off location provided for under this section shall consist of a locked ballot box located in a secure public building that meets the accessibility requirements for a polling place. -(9) Elections in the county conducted pursuant to this section may be held on no more than three different dates. -(b) (1) If the county conducts an all-mailed ballot election pursuant to this section, on or before December 31, 2017, the county shall report to the Legislature and to the Secretary of State regarding the success of the election, including, but not limited to, any statistics on the cost to conduct the election; the turnout of different populations, including, but not limited to, to the extent possible, the population categories of race, ethnicity, age, gender, disability, permanent vote by mail status, and political party affiliation; the number of ballots not counted and the reasons they were rejected; voter fraud; and, any other problems that become known to the county during the election or canvass. -(2) Whenever possible, using the criteria set forth in paragraph (1), the report of the county shall compare the success of the all-mailed ballot election to similar elections not conducted wholly by mail in the same jurisdiction or comparable jurisdictions. -(3) The report of the county shall be submitted to the Legislature pursuant to Section 9795 of the Government Code within six months after the date of the all-mailed ballot election or before the date of any other all-mailed ballot election subject to this section to be conducted in the county, whichever is sooner. -(c) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.","Until December 31, 2017, existing law, as a pilot program, authorizes elections in San Mateo County and Yolo County, other than statewide primary or general elections, or special elections to fill a vacancy in a state office, the Legislature, or Congress, to be conducted wholly by mail if specified conditions are satisfied. If San Mateo County or Yolo County conducts an all-mailed ballot election, existing law requires the county to report to the Legislature and the Secretary of State, as specified. -This bill would extend this pilot program until January 1, 2018. This bill would also authorize Monterey and Sacramento Counties to conduct all-mailed ballot elections as part of this program, subject to a requirement to provide additional polling places. The bill would also make technical, nonsubstantive changes.","An act to amend Section 4001 of the Elections Code, relating to elections." -843,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2699 of the Labor Code is amended to read: -2699. -(a) Notwithstanding any other provision of law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and other current or former employees pursuant to the procedures specified in Section 2699.3. -(b) For purposes of this part, “person” has the same meaning as defined in Section 18. -(c) For purposes of this part, “aggrieved employee” means any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. -(d) For purposes of this part, “cure” means that the employer abates each violation alleged by any aggrieved employee, the employer is in compliance with the underlying statutes as specified in the notice required by this part, and any aggrieved employee is made whole. A violation of paragraph (6) or (8) of subdivision (a) of Section 226 shall only be considered cured upon a showing that the employer has provided a fully compliant, itemized wage statement to each aggrieved employee for each pay period for the three-year period prior to the date of the written notice sent pursuant to paragraph (1) of subdivision (c) of Section 2699.3. -(e) (1) For purposes of this part, whenever the Labor and Workforce Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, has discretion to assess a civil penalty, a court is authorized to exercise the same discretion, subject to the same limitations and conditions, to assess a civil penalty. -(2) In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), a court may award a lesser amount than the maximum civil penalty amount specified by this part if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory. -(f) For all provisions of this code except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation of these provisions, as follows: -(1) If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is five hundred dollars ($500). -(2) If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per pay period for the initial violation and two hundred dollars ($200) for each aggrieved employee per pay period for each subsequent violation. -(3) If the alleged violation is a failure to act by the Labor and Workplace Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, there shall be no civil penalty. -(g) (1) Except as provided in paragraph (2), an aggrieved employee may recover the civil penalty described in subdivision (f) in a civil action pursuant to the procedures specified in Section 2699.3 filed on behalf of himself or herself and other current or former employees against whom one or more of the alleged violations was committed. Any employee who prevails in any action shall be entitled to an award of reasonable attorney’s fees and costs. Nothing in this part shall operate to limit an employee’s right to pursue or recover other remedies available under state or federal law, either separately or concurrently with an action taken under this part. -(2) No action shall be brought under this part for any violation of a posting, notice, agency reporting, or filing requirement of this code, except where the filing or reporting requirement involves mandatory payroll or workplace injury reporting. -(h) No action may be brought under this section by an aggrieved employee if the agency or any of its departments, divisions, commissions, boards, agencies, or employees, on the same facts and theories, cites a person within the timeframes set forth in Section 2699.3 for a violation of the same section or sections of the Labor Code under which the aggrieved employee is attempting to recover a civil penalty on behalf of himself or herself or others or initiates a proceeding pursuant to Section 98.3. -(i) Except as provided in subdivision (j), civil penalties recovered by aggrieved employees shall be distributed as follows: 75 percent to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes; and 25 percent to the aggrieved employees. -(j) Civil penalties recovered under paragraph (1) of subdivision (f) shall be distributed to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes. -(k) Nothing contained in this part is intended to alter or otherwise affect the exclusive remedy provided by the workers’ compensation provisions of this code for liability against an employer for the compensation for any injury to or death of an employee arising out of and in the course of employment. -(l) The superior court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part. -(m) This section shall not apply to the recovery of administrative and civil penalties in connection with the workers’ compensation law as contained in Division 1 (commencing with Section 50) and Division 4 (commencing with Section 3200), including, but not limited to, Sections 129.5 and 132a. -(n) The agency or any of its departments, divisions, commissions, boards, or agencies may promulgate regulations to implement the provisions of this part. -SEC. 2. -Section 2699.3 of the Labor Code is amended to read: -2699.3. -(a) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision listed in Section 2699.5 shall commence only after the following requirements have been met: -(1) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. -(2) (A) The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 30 calendar days of the postmark date of the notice received pursuant to paragraph (1). Upon receipt of that notice or if no notice is provided within 33 calendar days of the postmark date of the notice given pursuant to paragraph (1), the aggrieved employee may commence a civil action pursuant to Section 2699. -(B) If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 33 calendar days of the postmark date of the notice received pursuant to paragraph (1). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee of that decision within five business days thereof by certified mail. Upon receipt of that notice or if no citation is issued by the agency within the 158-day period prescribed by subparagraph (A) and this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699. -(C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part. -(b) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall commence only after the following requirements have been met: -(1) The aggrieved employee or representative shall give notice by certified mail to the Division of Occupational Safety and Health and the employer, with a copy to the Labor and Workforce Development Agency, of the specific provisions of Division 5 (commencing with Section 6300) alleged to have been violated, including the facts and theories to support the alleged violation. -(2) (A) The division shall inspect or investigate the alleged violation pursuant to the procedures specified in Division 5 (commencing with Section 6300). -(i) If the division issues a citation, the employee may not commence an action pursuant to Section 2699. The division shall notify the aggrieved employee and employer in writing within 14 calendar days of certifying that the employer has corrected the violation. -(ii) If by the end of the period for inspection or investigation provided for in Section 6317, the division fails to issue a citation and the aggrieved employee disputes that decision, the employee may challenge that decision in the superior court. In such an action, the superior court shall follow precedents of the Occupational Safety and Health Appeals Board. If the court finds that the division should have issued a citation and orders the division to issue a citation, then the aggrieved employee may not commence a civil action pursuant to Section 2699. -(iii) A complaint in superior court alleging a violation of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall include therewith a copy of the notice of violation provided to the division and employer pursuant to paragraph (1). -(iv) The superior court shall not dismiss the action for nonmaterial differences in facts or theories between those contained in the notice of violation provided to the division and employer pursuant to paragraph (1) and the complaint filed with the court. -(B) If the division fails to inspect or investigate the alleged violation as provided by Section 6309, the provisions of subdivision (c) shall apply to the determination of the alleged violation. -(3) (A) Nothing in this subdivision shall be construed to alter the authority of the division to permit long-term abatement periods or to enter into memoranda of understanding or joint agreements with employers in the case of long-term abatement issues. -(B) Nothing in this subdivision shall be construed to authorize an employee to file a notice or to commence a civil action pursuant to Section 2699 during the period that an employer has voluntarily entered into consultation with the division to ameliorate a condition in that particular worksite. -(C) An employer who has been provided notice pursuant to this section may not then enter into consultation with the division in order to avoid an action under this section. -(4) The superior court shall review and approve any proposed settlement of alleged violations of the provisions of Division 5 (commencing with Section 6300) to ensure that the settlement provisions are at least as effective as the protections or remedies provided by state and federal law or regulation for the alleged violation. The provisions of the settlement relating to health and safety laws shall be submitted to the division at the same time that they are submitted to the court. This requirement shall be construed to authorize and permit the division to comment on those settlement provisions, and the court shall grant the division’s commentary the appropriate weight. -(c) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision other than those listed in Section 2699.5 or Division 5 (commencing with Section 6300) shall commence only after the following requirements have been met: -(1) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. -(2) (A) The employer may cure the alleged violation within 33 calendar days of the postmark date of the notice. The employer shall give written notice by certified mail within that period of time to the aggrieved employee or representative and the agency if the alleged violation is cured, including a description of actions taken, and no civil action pursuant to Section 2699 may commence. If the alleged violation is not cured within the 33-day period, the employee may commence a civil action pursuant to Section 2699. -(B) (i) Subject to the limitation in clause (ii), no employer may avail himself or herself of the notice and cure provisions of this subdivision more than three times in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite. -(ii) No employer may avail himself or herself of the notice and cure provisions of this subdivision with respect to alleged violations of paragraph (6) or (8) of subdivision (a) of Section 226 more than once in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite. -(3) If the aggrieved employee disputes that the alleged violation has been cured, the aggrieved employee or representative shall provide written notice by certified mail, including specified grounds to support that dispute, to the employer and the agency. Within 17 calendar days of the postmark date of that notice, the agency shall review the actions taken by the employer to cure the alleged violation, and provide written notice of its decision by certified mail to the aggrieved employee and the employer. The agency may grant the employer three additional business days to cure the alleged violation. If the agency determines that the alleged violation has not been cured or if the agency fails to provide timely or any notification, the employee may proceed with the civil action pursuant to Section 2699. If the agency determines that the alleged violation has been cured, but the employee still disagrees, the employee may appeal that determination to the superior court. -(d) The periods specified in this section are not counted as part of the time limited for the commencement of the civil action to recover penalties under this part. -SEC. 3. -Section 2699.5 of the Labor Code is amended to read: -2699.5. -The provisions of subdivision (a) of Section 2699.3 apply to any alleged violation of the following provisions: subdivision (k) of Section 96, Sections 98.6, 201, 201.3, 201.5, 201.7, 202, 203, 203.1, 203.5, 204, 204a, 204b, 204.1, 204.2, 205, 205.5, 206, 206.5, 208, 209, and 212, subdivision (d) of Section 213, Sections 221, 222, 222.5, 223, and 224, paragraphs (1) to (5), inclusive, (7), and (9) of subdivision (a) of Section 226, Sections 226.7, 227, 227.3, 230, 230.1, 230.2, 230.3, 230.4, 230.7, 230.8, and 231, subdivision (c) of Section 232, subdivision (c) of Section 232.5, Sections 233, 234, 351, 353, and 403, subdivision (b) of Section 404, Sections 432.2, 432.5, 432.7, 435, 450, 510, 511, 512, 513, 551, 552, 601, 602, 603, 604, 750, 751.8, 800, 850, 851, 851.5, 852, 921, 922, 923, 970, 973, 976, 1021, 1021.5, 1025, 1026, 1101, 1102, 1102.5, and 1153, subdivisions (c) and (d) of Section 1174, Sections 1194, 1197, 1197.1, 1197.5, and 1198, subdivision (b) of Section 1198.3, Sections 1199, 1199.5, 1290, 1292, 1293, 1293.1, 1294, 1294.1, 1294.5, 1296, 1297, 1298, 1301, 1308, 1308.1, 1308.7, 1309, 1309.5, 1391, 1391.1, 1391.2, 1392, 1683, and 1695, subdivision (a) of Section 1695.5, Sections 1695.55, 1695.6, 1695.7, 1695.8, 1695.9, 1696, 1696.5, 1696.6, 1697.1, 1700.25, 1700.26, 1700.31, 1700.32, 1700.40, and 1700.47, Sections 1735, 1771, 1774, 1776, 1777.5, 1811, 1815, 2651, and 2673, subdivision (a) of Section 2673.1, Sections 2695.2, 2800, 2801, 2802, 2806, and 2810, subdivision (b) of Section 2929, and Sections 3095, 6310, 6311, and 6399.7. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to incentivize prompt resolution of disputes over itemized wage statements under Part 13 (commencing with Section 2698) of Division 2 of the Labor Code arising from certain specified claims under Section 226 of the Labor Code, it is necessary that this act take effect immediately.","The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties, that would otherwise be assessed and collected by the Labor and Workforce Development Agency, on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act provides the employer with the right to cure certain violations before the employee may bring a civil action, as specified. For other violations, the act requires the employee to follow specified procedures before bringing an action. -Existing law requires an employer to provide its employees with specified information regarding their wages, including, among others, the inclusive dates of the period for which the employee is paid and the name and address of the legal entity that is the employer, either semimonthly or at the time of each wage payment and provides that the employer does not have the right to cure a violation of that requirement before an employee may bring a civil action under the act. -This bill would provide an employer with the right to cure a violation of the requirement that an employer provide its employees with the inclusive dates of the pay period and the name and address of the legal entity that is the employer before an employee may bring a civil action under the act. The bill would provide that a violation of that requirement shall only be considered cured upon a showing that the employer has provided a fully compliant, itemized wage statement to each aggrieved employee, as specified. The bill would limit the employer’s right to cure with respect to alleged violations of these provisions to once in a 12-month period, as specified. The bill would also delete references to obsolete provisions of law. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 2699, 2699.3, and 2699.5 of the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately." -844,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14211 of the Unemployment Insurance Code is amended to read: -14211. -(a) (1) Beginning program year 2012, an amount equal to at least 25 percent of funds available under Title I of the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128) provided to local workforce investment boards for adults and dislocated workers shall be spent on workforce training programs. This minimum may be met either by spending 25 percent of those base formula funds on training or by combining a portion of those base formula funds with leveraged funds as specified in subdivision (b). -(2) Beginning program year 2016, an amount equal to at least 30 percent of funds available under Title I of the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128) provided to local workforce development boards for adults and dislocated workers shall be spent on workforce training programs. This minimum may be met either by spending 30 percent of those base formula funds on training or by combining a portion of those base formula funds with leveraged funds as specified in subdivision (b). -(3) Except as provided in subdivision (b), expenditures that shall count toward the minimum percentage of funds shall include only training services as defined in Section 3174(c)(3)(D) of Title 29 of the United States Code and the corresponding sections of the Code of Federal Regulations, including all of the following: -(A) Occupational skills training, including training for nontraditional employment. -(B) On-the-job training. -(C) Programs that combine workplace training with related instruction, which may include cooperative education programs. -(D) Training programs operated by the private sector. -(E) -Skill -Skills -upgrading and retraining. -(F) Entrepreneurial training. -(G) Incumbent worker training in accordance with Section 3174(d)(4) of Title 29 of the United States Code. -(H) Transitional jobs in accordance with Section 3174(d)(5) of Title 29 of the United States Code. -(I) Job readiness training provided in combination with any of the services described in subparagraphs (A) to (H), inclusive. -(J) Adult education and literacy activities provided in combination with services described in any of subparagraphs (A) to (G), inclusive. -(K) Customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training. -(b) (1) Local workforce development boards may receive a credit of up to 10 percent of their adult and dislocated worker formula fund base allocations for public education and training funds and private resources from industry and from joint labor-management trusts that are leveraged by a local workforce development board for training services described in paragraph (3) of subdivision (a). This credit may be applied toward the minimum training requirements in paragraphs (1) and (2) of subdivision (a). -(A) Leveraged funds that may be applied toward the credit allowed by this subdivision shall include the following: -(i) Federal Pell Grants established under Title IV of the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1070 et seq.). -(ii) Programs authorized by the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128). -(iii) Trade adjustment assistance. -(iv) Department of Labor National Emergency Grants. -(v) Match funds from employers, industry, and industry associations. -(vi) Match funds from joint labor-management trusts. -(vii) Employment training panel grants. -(viii) Supportive services as defined by the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128) and the corresponding sections of the Code of Federal Regulations, but only for those individuals enrolled in training services, as defined in Section 3174(c)(3)(D) of Title 29 of the United States Code and the corresponding sections of the Code of Federal Regulations. -(ix) Temporary Assistance for Needy Families (TANF) funds spent on supportive services, as defined by the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128) and the corresponding sections of the Code of Federal Regulations, for TANF enrolled individuals coenrolled in and receiving training services through the federal Workforce Innovation and Opportunity Act of 2014. -(x) Temporary Assistance for Needy Families (TANF) funds spent on transitional and subsidized employment for TANF enrolled individuals coenrolled in and receiving training services through the federal Workforce Innovation and Opportunity Act of 2014. -(xi) Any other local, state, or federal funds spent on training or supportive services for individuals enrolled in training provided the individuals receiving the training are enrolled in the federal Workforce Innovation and Opportunity Act of 2014 for performance reporting and tracking purposes. -(xii) With the approval of the state board, any other public or private funds source not identified in this subparagraph that is used to provide training or supportive services for individuals who are also enrolled in training provided the individuals receiving the relevant services are enrolled in the federal Workforce Innovation and Opportunity Act of 2014 for performance reporting and tracking purposes. -(B) Credit for leveraged funds shall only be given if the local workforce development board keeps records of all training and supportive services expenditures it chooses to apply to the credit. Training and supportive services expenditures may only be applied to the credit if the relevant costs can be independently verified by the Employment Development Department and, without exception, training participants must be coenrolled in the federal Workforce Innovation and Opportunity Act of 2014 performance monitoring system. -(2) The use of leveraged funds to partially meet the training requirements specified in paragraphs (1) and (2) of subdivision (a) is the prerogative of a local workforce development board. Costs arising from the recordkeeping required to demonstrate compliance with the leveraging requirements of this subdivision are the responsibility of the local board. -(c) Beginning program year 2012, the Employment Development Department shall calculate for each local workforce development board, within six months after the end of the second program year of the two-year period of availability for expenditure of federal Workforce Innovation and Opportunity Act of 2014 funds, whether the local workforce development board met the requirements of subdivision (a). The Employment Development Department shall provide to each local workforce development board its individual calculations with respect to the expenditure requirements of subdivision (a). -(d) A local workforce development area that does not meet the requirements of subdivision (a) shall submit a corrective action plan to the Employment Development Department that provides reasons for not meeting the requirements and describes actions taken to address the identified expenditure deficiencies. A local workforce development area shall provide a corrective action plan to the Employment Development Department pursuant to this section within 90 days of receiving the calculations described in subdivision (c). -(e) For the purpose of this section, “program year” has the same meaning as provided in Section 667.100 of Title 20 of the Code of Federal Regulations. -SEC. 2. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -Making these changes to the training mandate immediately ensures that they are enacted before the local workforce development boards are required to submit their local and regional plans, due March 2017. Timely submission of these plans is critical to the provision of services that provide access to job, skill development, and business services vital to the social and economic well-being of communities in the state.","The federal Workforce Innovation and Opportunity Act of 2014 provides for workforce investment activities, including activities in which states may participate. Existing law contains various programs for job training and employment investment, including work incentive programs, as specified, and establishes local workforce investment boards to perform duties related to the implementation and coordination of local workforce investment activities. Existing law requires local workforce investment boards to spend a minimum percentage of specified funds for adults and dislocated workers on federally identified workforce training programs and allows the boards to leverage specified funds to meet the funding requirements, as specified. Existing law authorizes a credit of up to 10% of that funding minimum for leveraged funds, which include Pell Grants and employment training panel grants. -This bill would expand the types of services to which leveraged funds may be applied to include supportive services and would expand the types of leveraged funds that may be applied to the 10% credit, described above, to include specified federal, local, state, and private funds. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Section 14211 of the Unemployment Insurance Code, relating to workforce -development. -development, and declaring the urgency thereof, to take effect immediately." -845,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 98.6 of the Labor Code is amended to read: -98.6. -(a) A person shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against any employee or applicant for employment because the employee or applicant engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the employee or applicant for employment has filed a bona fide complaint or claim or instituted or caused to be instituted any proceeding under or relating to his or her rights that are under the jurisdiction of the Labor Commissioner, made a written or oral complaint that he or she is owed unpaid wages, or because the employee has initiated any action or notice pursuant to Section 2699, or has testified or is about to testify in a proceeding pursuant to that section, or because of the exercise by the employee or applicant for employment on behalf of himself, herself, or others of any rights afforded him or her. -(b) (1) Any employee who is discharged, threatened with discharge, demoted, suspended, retaliated against, subjected to an adverse action, or in any other manner discriminated against in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the employee has made a bona fide complaint or claim to the division pursuant to this part, or because the employee has initiated any action or notice pursuant to Section 2699 shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by those acts of the employer. -(2) An employer who willfully refuses to hire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor. -(3) In addition to other remedies available, an employer who violates this section is liable for a civil penalty not exceeding ten thousand dollars ($10,000) per employee for each violation of this section, to be awarded to the employee or employees who suffered the violation. -(c) (1) Any applicant for employment who is refused employment, who is not selected for a training program leading to employment, or who in any other manner is discriminated against in the terms and conditions of any offer of employment because the applicant engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the applicant has made a bona fide complaint or claim to the division pursuant to this part, or because the employee has initiated any action or notice pursuant to Section 2699 shall be entitled to employment and reimbursement for lost wages and work benefits caused by the acts of the prospective employer. -(2) This subdivision shall not be construed to invalidate any collective bargaining agreement that requires an applicant for a position that is subject to the collective bargaining agreement to sign a contract that protects either or both of the following as specified in subparagraphs (A) and (B), nor shall this subdivision be construed to invalidate any employer requirement of an applicant for a position that is not subject to a collective bargaining agreement to sign an employment contract that protects either or both of the following: -(A) An employer against any conduct that is actually in direct conflict with the essential enterprise-related interests of the employer and where breach of that contract would actually constitute a material and substantial disruption of the employer’s operation. -(B) A firefighter against any disease that is presumed to arise in the course and scope of employment, by limiting his or her consumption of tobacco products on and off the job. -(d) The provisions of this section creating new actions or remedies that are effective on January 1, 2002, to employees or applicants for employment do not apply to any state or local law enforcement agency, any religious association or corporation specified in subdivision (d) of Section 12926 of the Government Code, except as provided in Section 12926.2 of the Government Code, or any person described in Section 1070 of the Evidence Code. -(e) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any conduct delineated in this chapter. -(f) For purposes of this section, “employer” or “a person acting on behalf of the employer” includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400. -(g) Subdivisions (e) and (f) shall not apply to claims arising under subdivision (k) of Section 96 unless the lawful conduct occurring during nonwork hours away from the employer’s premises involves the exercise of employee rights otherwise covered under subdivision (a). -SEC. 2. -Section 1102.5 of the Labor Code is amended to read: -1102.5. -(a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties. -(b) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties. -(c) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation. -(d) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for having exercised his or her rights under subdivision (a), (b), or (c) in any former employment. -(e) A report made by an employee of a government agency to his or her employer is a disclosure of information to a government or law enforcement agency pursuant to subdivisions (a) and (b). -(f) In addition to other penalties, an employer that is a corporation or limited liability company is liable for a civil penalty not exceeding ten thousand dollars ($10,000) for each violation of this section. -(g) This section does not apply to rules, regulations, or policies that implement, or to actions by employers against employees who violate, the confidentiality of the lawyer-client privilege of Article 3 (commencing with Section 950) of, or the physician-patient privilege of Article 6 (commencing with Section 990) of, Chapter 4 of Division 8 of the Evidence Code, or trade secret information. -(h) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section. -(i) For purposes of this section, “employer” or “a person acting on behalf of the employer” includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400. -SEC. 3. -Section 2810.3 of the Labor Code is amended to read: -2810.3. -(a) As used in this section: -(1) (A) “Client employer” means a business entity, regardless of its form, that obtains or is provided workers to perform labor within its usual course of business from a labor contractor. -(B) “Client employer” does not include any of the following: -(i) A business entity with a workforce of fewer than 25 workers, including those hired directly by the client employer and those obtained from, or provided by, any labor contractor. -(ii) A business entity with five or fewer workers supplied by a labor contractor or labor contractors to the client employer at any given time. -(iii) The state or any political subdivision of the state, including any city, county, city and county, or special district. -(2) “Labor” has the same meaning provided by Section 200. -(3) “Labor contractor” means an individual or entity that supplies, either with or without a contract, a client employer with workers to perform labor within the client employer’s usual course of business. “Labor contractor” does not include any of the following: -(A) A bona fide nonprofit, community-based organization that provides services to workers. -(B) A bona fide labor organization or apprenticeship program or hiring hall operated pursuant to a collective bargaining agreement. -(C) A motion picture payroll services company as defined in subparagraph (A) of paragraph (4) of subdivision (f) of Section 679 of the Unemployment Insurance Code. -(D) A third party who is a party to an employee leasing arrangement, as defined by Rule 4 of Section V of the California Workers’ Compensation Experience Rating Plan-1995 (Section 2353.1 of Title 10 of the California Code of Regulations), as it read on January 1, 2014, except those arrangements described in subrule d of Rule 4 of Section V, if the employee leasing arrangement contractually obligates the client employer to assume all civil legal responsibility and civil liability under this act. -(4) “Wages” has the same meaning provided by Section 200 and all sums payable to an employee or the state based upon any failure to pay wages, as provided by law. -(5) “Worker” does not include an employee who is exempt from the payment of an overtime rate of compensation for executive, administrative, and professional employees pursuant to wage orders by the Industrial Welfare Commission described in Section 515. -(6) “Usual course of business” means the regular and customary work of a business, performed within or upon the premises or worksite of the client employer. -(b) A client employer shall share with a labor contractor all civil legal responsibility and civil liability for all workers supplied by that labor contractor for both of the following: -(1) The payment of wages. -(2) Failure to secure valid workers’ compensation coverage as required by Section 3700. -(c) A client employer shall not shift to the labor contractor any legal duties or liabilities under Division 5 (commencing with Section 6300) with respect to workers supplied by the labor contractor. -(d) At least 30 days prior to filing a civil action against a client employer for violations covered by this section, a worker or his or her representative shall notify the client employer of violations under subdivision (b). -(e) Neither the client employer nor the labor contractor may take any adverse action against any worker for providing notification of violations or filing a claim or civil action. -(f) The provisions of subdivisions (b) and (c) are in addition to, and shall be supplemental of, any other theories of liability or requirement established by statute or common law. -(g) This section does not prohibit a client employer from establishing, exercising, or enforcing by contract any otherwise lawful remedies against a labor contractor for liability created by acts of a labor contractor. -(h) This section does not prohibit a labor contractor from establishing, exercising, or enforcing by contract any otherwise lawful remedies against a client employer for liability created by acts of a client employer. -(i) Upon request by a state enforcement agency or department, a client employer or a labor contractor shall provide to the agency or department any information within its possession, custody, or control required to verify compliance with applicable state laws. Upon request, these records shall be made available promptly for inspection, and the state agency or department shall be permitted to copy them. This subdivision does not require the disclosure of information that is not otherwise required to be disclosed by employers upon request by a state enforcement agency or department. -(j) The Labor Commissioner may adopt regulations and rules of practice and procedure necessary to administer and enforce the provisions of subdivisions (b) and (i) that are under his or her jurisdiction. -(k) The Division of Occupational Safety and Health may adopt regulations and rules of practice and procedure necessary to administer and enforce the provisions of subdivisions (c) and (i) that are under its jurisdiction. -(l) The Employment Development Department may adopt regulations and rules of practice and procedure necessary to administer and enforce the provisions of subdivisions (b) and (i) that are under its jurisdiction. -(m) A waiver of this section is contrary to public policy, and is void and unenforceable. -(n) This section shall not be interpreted to impose individual liability on a homeowner for labor or services received at the home or the owner of a home-based business for labor or services received at the home. -(o) This section shall not be interpreted to impose liability on a client employer for the use of an independent contractor other than a labor contractor or to change the definition of independent contractor. -(p) This section shall not be interpreted to impose liability on the following: -(1) A client employer that is not a motor carrier of property based solely on the employer’s use of a third-party motor carrier of property with interstate or intrastate operating authority to ship or receive freight. -(2) A client employer that is a motor carrier of property subcontracting with, or otherwise engaging, another motor carrier of property to provide transportation services using its own employees and commercial motor vehicles, as defined in Section 34601 of the Vehicle Code. -(3) A client employer that is not a household goods carrier based solely on the employer’s use of a third-party household goods carrier permitted by the Public Utilities Commission pursuant to Chapter 7 (commencing with Section 5101) of Division 2 of the Public Utilities Code to move household goods. -(4) A client employer that is a household goods carrier permitted by the Public Utilities Commission pursuant to Chapter 7 (commencing with Section 5101) of Division 2 of the Public Utilities Code subcontracting with, or otherwise engaging, another permitted household goods carrier to provide transportation of household goods using its own employees and motor vehicles, as defined in Section 5108 of the Public Utilities Code. -(5) A client employer that is a cable operator as defined by Section 5830 of the Public Utilities Code, a direct-to-home satellite service provider, or a telephone corporation as defined by Section 234 of the Public Utilities Code, based upon its contracting with a company to build, install, maintain, or perform repair work utilizing the employees and vehicles of the contractor if the name of the contractor is visible on employee uniforms and vehicles. -(6) A motor club holding a certificate of authority issued pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code when it contracts with third parties to provide motor club services utilizing the employees and vehicles of the third-party contractor if the name of the contractor is visible on the contractor’s vehicles. -SEC. 4. -Section 6310 of the Labor Code is amended to read: -6310. -(a) No person shall discharge or in any manner discriminate against any employee because the employee has done any of the following: -(1) Made any oral or written complaint to the division, other governmental agencies having statutory responsibility for or assisting the division with reference to employee safety or health, his or her employer, or his or her representative. -(2) Instituted or caused to be instituted any proceeding under or relating to his or her rights or has testified or is about to testify in the proceeding or because of the exercise by the employee on behalf of himself, herself, or others of any rights afforded him or her. -(3) Participated in an occupational health and safety committee established pursuant to Section 6401.7. -(b) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because the employee has made a bona fide oral or written complaint to the division, other governmental agencies having statutory responsibility for or assisting the division with reference to employee safety or health, his or her employer, or his or her representative, of unsafe working conditions, or work practices, in his or her employment or place of employment, or has participated in an employer-employee occupational health and safety committee, shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor. -(c) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section. -(d) For purposes of this section, “employer” or “a person acting on behalf of the employer” includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400.","(1) Existing law prohibits an employer from discharging an employee or in any manner discriminating, retaliating, or taking any adverse action against any employee or applicant for employment because the employee or applicant has engaged in protected conduct, as specified. Existing law provides that an employee who made a bona fide complaint, and was consequently discharged or otherwise suffered an adverse action, is entitled to reinstatement and reimbursement for lost wages. Existing law makes it a misdemeanor for an employer to willfully refuse to reinstate or otherwise restore an employee who is determined by a specified procedure to be eligible for reinstatement. Existing law subjects a person who violates these provisions to a civil penalty of up to $10,000 per violation. -This bill would extend the protections of these provisions, as specified, to an employee who is a family member of a person who engaged in, or was perceived to engage in, the protected conduct or make a complaint protected by these provisions. This bill would define terms for the purpose of these provisions. -(2) Existing law requires a client employer to share with a labor contractor all civil legal responsibility and civil liability for all workers supplied by that labor contractor for the payment of wages and the failure to obtain valid workers’ compensation coverage. Existing law also prohibits a client employer from shifting to the labor contractor legal duties or liabilities under workplace safety provisions with respect to workers provided by the labor contractor. Existing law defines terms for these purposes and authorizes the Labor Commissioner to adopt regulations and rules of practice and procedure necessary to administer and enforce these provisions. Existing law excludes certain types of employers from these provisions, including, but not limited to, a client employer that is not a motor carrier of property based solely on the employer’s use of a third-party motor carrier of property with interstate or intrastate operating authority to ship or receive freight, and a client employer that is a motor carrier of property subcontracting with, or otherwise engaging, another motor carrier of property to provide transportation services using its own employees and commercial motor vehicles. -The Household Goods Carriers Act subjects household goods carriers to the jurisdiction and control of the Public Utilities Commission. The act prohibits a household goods carrier from engaging, or attempting to engage, in the business of the transportation of used household goods and personal effects by motor vehicle over any public highway in the state without a permit issued by the commission authorizing transportation entirely within the state, or a valid operating authority issued by the Federal Motor Carrier Safety Administration for interstate transportation. -This bill would expand the types of employers excluded from those labor contracting provisions to include a client employer that is not a household goods carrier based solely on the employer’s use of a third-party household goods carrier permitted by the commission to move household goods, and a client employer that is a permitted household goods carrier subcontracting with, or otherwise engaging, another permitted household goods carrier to provide transportation of household goods using its own employees and motor vehicles.","An act to amend Sections 98.6, 1102.5, 2810.3, and 6310 of the Labor Code, relating to employment." -846,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 396 of the Insurance Code is amended to read: -396. -(a) An insurer shall do either of the following: -(1) Maintain a verifiable process that allows a policyholder to designate in writing or by electronic transmission pursuant to Section 38.5 one additional person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of a policy for nonpayment of premium. The insurer shall notify the policyholder in writing or by electronic transmission pursuant to Section 38.5 of this right at the time of the application or within 30 days after the inception date of an individual policy described in subdivision (f), and at least every two years thereafter. The notification described in this subdivision shall instruct the policyholder how to request the designation and how to replace or delete a designee. If a policyholder initiates contact with the insurer after the insurer has provided notice and the insurer complies with the policyholder’s request to establish or change the additional person to receive the notice described in this section, the insurer shall not be required to maintain additional verification. -(2) Comply with subdivision (b). -(b) An insurer that adopts the following procedure shall be deemed to have complied with subdivision (a). -(1) Unless an applicant for insurance has been provided notice of the right set forth in this section prior to inception of the policy, the insurer shall provide the policyholder, within 30 days after the inception date of an individual policy described in subdivision (f), with notice of the right to designate one person, in addition to the policyholder, to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of a policy for nonpayment of premium. The insurer shall provide each applicant or policyholder with notice in writing or by electronic transmission pursuant to Section 38.5 of the opportunity to make the designation. That notice shall instruct the applicant or policyholder on how he or she is to submit the name and address of one person, in addition to the applicant or policyholder, who is to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of the policy for nonpayment of premium. -(2) If after having been provided notice from the insurer of the right to designate an individual to receive notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium, the applicant or policyholder fails to designate an individual within 30 days, the applicant or policyholder shall be conclusively presumed to have declined the opportunity to exercise his or her right at that time. -(3) Notwithstanding subparagraph (C) of paragraph (2) of subdivision (a) of Section 791.13 or any other law, the insurer shall retain and utilize as necessary the contact information provided in the written designation for the lifetime of the policy, and allow the policyholder to update the written designation if the policyholder so requests. -(c) (1) A policyholder retains the right to designate the one additional person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium at any time, at the initiative of the policyholder, regardless of whether the policyholder previously declined to exercise that right. At least every two years, the insurer shall notify the policyholder in writing or by electronic transmission pursuant to Section 38.5, of whichever of the following applies: -(A) If a policyholder has previously provided a designation pursuant to this subdivision, in writing or by electronic transmission pursuant to Section 38.5, the right to change the prior designation by replacing or deleting a person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium. -(B) If the policyholder has not previously designated a person to receive the notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium pursuant to this subdivision, the right to designate a person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium. -(2) The notice requirements in subparagraphs (A) and (B) of paragraph (1) may be provided to a policyholder in a single notice and shall not require two separate notices. -(d) When a policyholder pays the premium for an insurance policy through a payroll or pension deduction plan, the requirements contained in paragraph (1) of subdivision (b) need not be met until 60 days after the policyholder is no longer on that deduction payment plan. -(e) An insurance policy shall not lapse or be terminated for nonpayment of premium unless the insurer, at least 10 days prior to the effective date of the lapse, termination, expiration, nonrenewal, or cancellation, gives notice to the individual designated pursuant to subdivision (a) or (b) at the address provided by the policyholder for purposes of receiving the notice of lapse, termination, expiration, nonrenewal, or cancellation for nonpayment of premium. Notwithstanding any other law, notice shall be given by first-class United States mail, postage prepaid, within 10 days after the premium is due and unpaid. This subdivision does not modify requirements for notice to the policyholder of lapse, termination, expiration, nonrenewal, or cancellation set forth in other sections of this code. -(f) This section applies only to policies of private passenger automobile insurance that provide coverage for six months or longer, policies of residential property insurance as described in subdivision (a) of Section 10087 that take effect or that are renewed after the effective date of this section, and policies of individual disability income insurance as described in subdivision (i) of Section 799.01, except if the premiums for the individual disability income policy are paid entirely by the employer. -(g) This section applies to policies that are issued and take effect or that are renewed on or after January 1, 2016. -(h) An individual designated by a policyholder pursuant to this section to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of the policy for nonpayment of premium does not have any rights, whether as an additional insured or otherwise, to any benefits under the policy, other than the right to receive notice as provided by this section. -(i) This section shall become operative on January 1, 2016.","Existing law requires an insurance policy to specify certain information, including, but not limited to, the parties to the contract, the property or life insured, the risks insured against, premium, and the coverage period. Existing law, commencing January 1, 2016, and with regard to private passenger automobile insurance that provides coverage for 6 months or longer, specified residential property insurance, and policies of individual disability income insurance that are issued and take effect or that are renewed on or after January 1, 2016, requires an insurer to maintain a verifiable process or adopt a procedure that allows an applicant or policyholder to designate one additional person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of a policy for nonpayment of premium, as specified. Existing law provides that if an insurer opts to adopt the verifiable process, then the insurer, shall provide the policyholder, within 30 days after the inception of an individual policy, with notice of the right to designate one person. Existing law provides that if a policyholder pays the premium for an insurance policy through a payroll or pension deduction plan, then the notice of the right to designate one person need only be sent within 60 days after the policyholder is no longer on that deduction payment plan. Existing law further requires the application form for an insurance policy to clearly indicate the deduction payment plan selected by the applicant. -This bill would delete the requirement that the application form clearly indicate the deduction payment plan selected by the applicant. The bill would make these provisions inapplicable to a policy of disability income insurance if the premiums for the policy are paid entirely by the employer.","An act to amend Section 396 of the Insurance Code, relating to insurance." -847,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1269 of the Unemployment Insurance Code is amended to read: -1269. -A determination of automatic eligibility for benefits under this article shall be issued to an unemployed individual if the director finds that any of the following applies: -(a) The training is authorized by the federal Workforce Innovation and Opportunity Act (Public Law 113-128) or by the Employment Training Panel established pursuant to Chapter 3.5 (commencing with Section 10200) of Part 1 of Division 3. -(b) The training is authorized by the federal Trade Act of 1974 (19 U.S.C. Sec. 2101 et seq.), as amended, pursuant to a certified petition. -(c) The individual is a participant in the California Work Opportunity and Responsibility to Kids (CalWORKs) program pursuant to Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and has entered into a contract with the county welfare department to participate in an education or training program. -(d) (1) The individual is a participant in training with a provider that is certified and on the state’s Eligible Training Provider List (ETPL), as authorized by the federal Workforce Innovation and Opportunity Act (Public Law 113-128), or the individual is a permanent or probationary public school teacher who is a participant in a credential preparation program or training program approved or accredited by the Commission on Teacher Credentialing for additional certification in math, science, or special education, for kindergarten and grades 1 to 12, inclusive, and was laid off. The credential preparation program or training program shall only be approved if a permanent or probationary public school teacher enrolls in the training within three years of being laid off from the public school employer. -(2) The changes made to this subdivision by Chapter 278 of the Statutes of 2012, shall become operative on January 1, 2014. -(e) The individual is a journey level member of a union or trade association, or is a participant in training sponsored by an employer, and the training or retraining course of instruction is industry-related training necessary due to changes in technology, or industry demands, or is necessary to retain employment or to become more competitive in obtaining employment, or the individual is a participant in a state or federally approved apprenticeship program. -SEC. 2. -Section 1271 of the Unemployment Insurance Code is amended to read: -1271. -(a) Any unemployed individual receiving unemployment compensation benefits payable under this division, who applies for a determination of potential eligibility for benefits under this article no later than the 16th week of his or her receiving these benefits, and is determined eligible for benefits under this article, is entitled to a training extension on his or her unemployment compensation claim, if necessary, to complete approved training. -(b) The training extension shall provide the claimant with a maximum of 52 times the weekly benefit of the parent unemployment compensation claim, which shall be reduced by all of the following: -(1) The maximum benefit award on the parent unemployment compensation claim. -(2) Benefits payable during the period of approved training on any other unemployment compensation claim filed pursuant to this chapter, to the extent permitted by law. -(3) Benefits payable during the period of approved training under any state or federal unemployment compensation law, to the extent permitted by state or federal law, including, but not limited to, all of the following: -(A) Extended unemployment compensation benefits payable under Part 3 (commencing with Section 3501). -(B) Federal-state extended compensation benefits payable under Part 4 (commencing with Section 4001). -(C) Trade readjustment allowance benefits payable under the federal Trade Act of 1974 (19 U.S.C. Sec. 2101 et seq.), as amended. -(c) The parent unemployment compensation claim shall be the unemployment compensation claim in existence at the time the claimant is determined eligible for benefits pursuant to subdivision (a). -(d) Benefits payable under this section are subject to the following limitations: -(1) The individual shall remain eligible for benefits under this article for all weeks potentially payable under this section. -(2) The individual shall file any unemployment compensation claim to which he or she becomes entitled under state or federal law, and shall draw any unemployment compensation benefits on that claim until it has expired or has been exhausted, in order to maintain his or her eligibility under this article. -SEC. 3. -Section 1272 of the Unemployment Insurance Code is amended to read: -1272. -Notwithstanding subdivision (c) of Section 1253, an unemployed individual who is able to work is eligible to receive benefits under this article with respect to any week during a period of training or retraining only if the director finds both of the following: -(a) He or she has been determined potentially eligible under Section 1269, 1269.1, or 1271. -(b) He or she submits a certification, as prescribed by the Employment Development Department through regulations, certifying that he or she is enrolled in and satisfactorily pursuing the training or retraining course of instruction. -SEC. 4. -Section 2614 of the Unemployment Insurance Code is amended to read: -2614. -The director shall report to the Assembly Committee on Insurance, Assembly Committee on Labor and Employment, and the Senate Committee on Labor and Industrial Relations by June 30 of each year on the department’s fraud deterrence and detection activities. -SEC. 5. -Section 4902 of the Unemployment Insurance Code is amended to read: -4902. -The report, required by Section 4901, shall be transmitted to the Legislative Analyst, the Assembly Committees on Insurance, Labor and Employment, and Budget, the Senate Committees on Industrial Relations and Budget and Fiscal Review, the Department of Finance, and the Governor, on or before February 1 of each even-numbered year. The report shall do all of the following: -(a) Provide a strategic information technology plan that describes the long-term goals and strategies which shall be undertaken by the department to create an information technology environment that will not only support the achievement of the department’s strategic business mission and goals but set the foundation for using information technology to make substantial and sustainable improvements in how it conducts business. The plan shall cover a 10-year planning horizon and include the department’s information vision, its information management principles, and long-term goals and strategies for achieving its information vision. -(b) Provide a tactical information plan of specific automation and infrastructure projects to be undertaken within three years of the date of the report. The plan shall include project description and scope, consistency with the strategic information plan, relationship to other projects, priority of development, estimated project costs and benefits, and improvements in services. For automation projects, it shall also provide reductions in personnel and operating costs, and identification of how personnel and cost savings will be used, transferred, or otherwise accounted for. -(c) Not necessarily be in addition to or replace any reports now submitted by the director to the California Department of Technology. -SEC. 6. -Section 4903 of the Unemployment Insurance Code is amended to read: -4903. -(a) Thirty days prior to the release of the report identified in Section 4901, the director shall submit it to the California Department of Technology, which shall review and comment on it. These comments shall be attached to the report by the director and distributed with the report. -(b) When commenting on the report, the California Department of Technology shall include, but not be limited to, an assessment of whether: -(1) The requirements for the report have been met. -(2) The strategic plan is consistent with the formal strategic plan submitted separately to the California Department of Technology. -(3) The costs and benefits identified in the report are consistent with the projects previously submitted for approval or contained in the Information Management Annual Plans.","Existing law provides unemployment compensation benefits to eligible persons who are unemployed through no fault of their own. Existing law, the California Training Benefits Program, until January 1, 2019, authorizes an unemployed individual, who is otherwise eligible for unemployment benefits, to apply to the Employment Development Department for a determination of potential eligibility for benefits during a period of training or retraining. -Existing law sets forth the eligibility criteria for the program, including that the individual is a journey level union member and the training or retraining course of instruction is industry-related training necessary due to changes in technology, or industry demands, or is necessary to retain employment or to become more competitive in obtaining employment. -This bill would recast these provisions to permit eligibility for a member of a union or trade association, a participant in training sponsored by an employer, or an individual who is a participant in a state or federally approved apprenticeship program. -Existing law sets the maximum benefit amount under the program at 52 times the weekly benefit amount, including the maximum award under the parent compensation claim, as defined, and requires that benefits received under any federal unemployment compensation law be included as benefits payable under these provisions. -This bill recast those provisions to set forth certain federally funded unemployment benefits to be included within these benefits. Because the bill would make changes to existing eligibility requirements for training and benefits, which would result in additional amounts being payable from the Unemployment Fund for those benefits, the bill would make an appropriation. -This bill would make changes to delete references to the repealed federal Workforce Investment Act of 1998 and instead refer to the successor federal Workforce Innovation and Opportunity Act. -Existing law requires the Director of Employment Development to report to the Legislature by June 30 of each year on the Employment Development Department’s fraud deterrence and detection activities. -This bill would instead require the report to be made to specified committees of the Legislature. -Existing law requires the director to prepare and report to specified committees of the Legislature and the State Office of Information Technology on the department’s automation plans, including recommendations on improvements and long-term goals and strategies. Existing law requires the report to provide a strategic information plan. -This bill would revise what committees are to receive the report, as specified, and replace references to the State Office of Information Technology with the California Department of Technology.","An act to amend Sections 1269, 1271, 1272, 2614, 4902, and 4903 of the Unemployment Insurance Code, relating to unemployment insurance, and making an appropriation therefor." -848,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6213 of the Business and Professions Code is amended to read: -6213. -As used in this article: -(a) “Qualified legal services project” means either of the following: -(1) A nonprofit project incorporated and operated exclusively in California that provides as its primary purpose and function legal services without charge to indigent persons and that has quality control procedures approved by the State Bar of California. -(2) A program operated exclusively in California by a nonprofit law school accredited by the State Bar of California that meets the requirements of subparagraphs (A) and (B). -(A) The program shall have operated for at least two years at a cost of at least twenty thousand dollars ($20,000) per year as an identifiable law school unit with a primary purpose and function of providing legal services without charge to indigent persons. -(B) The program shall have quality control procedures approved by the State Bar of California. -(b) “Qualified support center” means an incorporated nonprofit legal services center that has as its primary purpose and function the provision of legal training, legal technical assistance, or advocacy support without charge and which actually provides through an office in California a significant level of legal training, legal technical assistance, or advocacy support without charge to qualified legal services projects on a statewide basis in California. -(c) “Recipient” means a qualified legal services project or support center receiving financial assistance under this article. -(d) “Indigent person” means a person whose income is (1) 125 percent or less of the current poverty threshold established by the United States Office of Management and Budget, or (2) who is eligible for Supplemental Security Income or free services under the Older Americans Act or Developmentally Disabled Assistance Act. With regard to a project that provides free services of attorneys in private practice without compensation, “indigent person” also means a person whose income is 75 percent or less of the maximum levels of income for lower income households as defined in Section 50079.5 of the Health and Safety Code. For the purpose of this subdivision, the income of a person who is disabled shall be determined after deducting the costs of medical and other disability-related special expenses. -(e) “Fee generating case” means a case or matter that, if undertaken on behalf of an indigent person by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from the opposing party. A case shall not be considered fee generating if adequate representation is unavailable and any of the following circumstances exist: -(1) The recipient has determined that free referral is not possible because of any of the following reasons: -(A) The case has been rejected by the local lawyer referral service, or if there is no such service, by two attorneys in private practice who have experience in the subject matter of the case. -(B) Neither the referral service nor any attorney will consider the case without payment of a consultation fee. -(C) The case is of the type that attorneys in private practice in the area ordinarily do not accept, or do not accept without prepayment of a fee. -(D) Emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time. -(2) Recovery of damages is not the principal object of the case and a request for damages is merely ancillary to an action for equitable or other nonpecuniary relief, or inclusion of a counterclaim requesting damages is necessary for effective defense or because of applicable rules governing joinder of counterclaims. -(3) A court has appointed a recipient or an employee of a recipient pursuant to a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction. -(4) The case involves the rights of a claimant under a publicly supported benefit program for which entitlement to benefit is based on need. -(f) “Legal Services Corporation” means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (P.L. 93-355; 42 U.S.C. Sec. 2996 et seq.). -(g) “Older Americans Act” means the Older Americans Act of 1965, as amended (P.L. 89-73; 42 U.S.C. Sec. 3001 et seq.). -(h) “Developmentally Disabled Assistance Act” means the Developmentally Disabled Assistance and Bill of Rights Act, as amended (P.L. 94-103; 42 U.S.C. Sec. 6001 et seq.). -(i) “Supplemental security income recipient” means an individual receiving or eligible to receive payments under Title XVI of the federal Social Security Act, or payments under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code. -(j) “IOLTA account” means an account or investment product established and maintained pursuant to subdivision (a) of Section 6211 that is any of the following: -(1) An interest-bearing checking account. -(2) An investment sweep product that is a daily (overnight) financial institution repurchase agreement or an open-end money market fund. -(3) An investment product authorized by California Supreme Court rule or order. -A daily financial institution repurchase agreement shall be fully collateralized by United States Government Securities or other comparably conservative debt securities, and may be established only with any eligible institution that is “well-capitalized” or “adequately capitalized” as those terms are defined by applicable federal statutes and regulations. An open-end money market fund shall be invested solely in United States Government Securities or repurchase agreements fully collateralized by United States Government Securities or other comparably conservative debt securities, shall hold itself out as a “money market fund” as that term is defined by federal statutes and regulations under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.), and, at the time of the investment, shall have total assets of at least two hundred fifty million dollars ($250,000,000). -(k) “Eligible institution” means either of the following: -(1) A bank, savings and loan, or other financial institution regulated by a federal or state agency that pays interest or dividends -in -on -the IOLTA account and carries deposit insurance from an agency of the federal government. -(2) Any other type of financial institution authorized by the California Supreme Court.","Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law requires an attorney or law firm receiving or disbursing trust funds to establish and maintain an IOLTA account, as defined, in which the attorney or law firm is required to deposit or invest all specified client deposits or funds. Existing law requires an attorney or law firm establishing an IOLTA account to report IOLTA account compliance and all other IOLTA account information required by the State Bar in the manner specified by the State Bar. -This bill would make a technical correction to a definition related to IOLTA accounts.","An act to amend Section 6213 of the Business and Professions Code, relating to attorneys." -849,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Lichens are unique organisms that consist of a fungus and an alga living together in a symbiotic relationship. -(b) Lichens are important for both wildlife and people. They are used as a food source by a variety of animals. Many lichens have antibacterial properties and have been used medicinally for thousands of years. -(c) Lichens are known for their sensitivity to environmental stressors and are used as biological indicators of air quality and climate change around the world, including in California, which is home to more than 1,900 species of lichens. -(d) Ramalina menziesii, commonly known as lace lichen, is a common lichen found throughout much of California from the northern to the southern border of the state, and as far as 130 miles inland from the coast. Naming Ramalina menziesii as the official state lichen of California will help promote appreciation, education, and study of lichens in this state. -SEC. 2. -Section 424.6 is added to the Government Code, to read: -424.6. -Lace lichen (Ramalina menziesii) is the official state lichen. -SEC. 3. -Section 5003.6 of the Public Resources Code is amended to read: -5003.6. -The planning, design, and construction of a boating facility within the state park system shall be the responsibility of the Division of Boating and Waterways within the department pursuant to Section 50 of the Harbors and Navigation Code. -SEC. 4. -Section 5008 of the Public Resources Code is amended to read: -5008. -(a) The department shall protect the state park system and the state vehicular recreation area and trail system from damage and preserve the peace therein. -(b) The director may designate any officer or employee of the department as a peace officer. The primary duties of the peace officer shall be the enforcement of this division, Sections 4442 and 4442.5, the rules and regulations of the department, Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, the rules and regulations of the Division of Boating and Waterways within the department, Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code, and Division 16.5 (commencing with Section 38000) of the Vehicle Code and to arrest persons for the commission of public offenses within the property under its jurisdiction. The authority and powers of the peace officer shall be limited to those conferred by law upon peace officers listed in Section 830.2 of the Penal Code. -(c) The department shall protect property included in the California recreational trail system and the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980 from damage and preserve the peace therein. The primary duties of any officer or employee designated a peace officer under this section shall include enforcement of the rules and regulations established by the department under subdivision (l) of Section 6 of Chapter 1234 of the Statutes of 1980 and the arrest of persons for the commission of public offenses within the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980. -(d) Any person who violates the rules and regulations established by the department is guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail not exceeding 90 days, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, except that at the time a particular action is commenced, the judge may, considering the recommendation of the prosecuting attorney, reduce the charged offense from a misdemeanor to an infraction. Any person convicted of the offense after such a reduction shall be punished by a fine of not less than ten dollars ($10) nor more than one thousand dollars ($1,000). -SEC. 5. -Section 5008.5 of the Public Resources Code is amended to read: -5008.5. -In any prosecution charging a violation within any unit of the state park system of the rules and regulations of the department, Section 655.2 or Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, or the rules and regulations of the Division of Boating and Waterways within the department, proof by the people of the State of California that the vehicle or vessel described in the complaint was parked or placed in violation of any provision of these statutes or rules and regulations together with proof that the defendant named in the complaint was, at the time of the parking or placing, the registered owner of the vehicle or vessel, shall constitute prima facie evidence that the registered owner of the vehicle or vessel was the person who parked or placed the vehicle or vessel at the point where, and for the time during which, the violation occurred, but the proof that a person is the registered owner of a vehicle or vessel is not prima facie evidence that the person has violated any other provision of law. The above provisions shall apply only when there has been compliance with the procedure required by Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. Proof of a written lease of, or rental agreement for, a particular vehicle or vessel described in the complaint, on the date and time of the violation, which lease or rental agreement includes the name and address of the person to whom the vehicle or vessel is leased or rented, shall rebut the prima facie evidence that the registered owner was the person who parked or placed the vehicle at the time and place where the violation occurred. -Any charge under this section shall be dismissed when the person charged has made a bona fide sale or transfer of the vehicle or vessel and has delivered possession thereof to the purchaser and has complied with the requirements of subdivision (a) or (b) of Section 5602 of the Vehicle Code or with Section 710 of the Harbors and Navigation Code prior to the date of the alleged violation and has advised the court of the name and address of the purchaser. -SEC. 6. -Section 5044 of the Public Resources Code is repealed. -SEC. 7. -Section 5071.7 of the Public Resources Code is amended to read: -5071.7. -(a) (1) In planning the system, the director shall consult with and seek the assistance of the Department of Transportation. The Department of Transportation shall plan and design those trail routes that are in need of construction contiguous to state highways and serve both a transportation and a recreational need. -(2) The Department of Transportation shall install or supervise the installation of signs along heritage corridors consistent with the plan element developed pursuant to this section and Section 5073.1; provided, however, that it shall neither install nor supervise the installation of those signs until it determines that it has available to it adequate volunteers or funds, or a combination thereof, to install or supervise the installation of the signs, or until the Legislature appropriates sufficient funds for the installation or supervision of installation, whichever occurs first. -(b) The element of the plan relating to boating trails and other segments of the system which are oriented to waterways shall be prepared and maintained by the Division of Boating and Waterways within the Department of Parks and Recreation pursuant to Article 2.6 (commencing with Section 68) of Chapter 2 of Division 1 of the Harbors and Navigation Code. Those segments shall be integrated with the California Protected Waterways Plan developed pursuant to Chapter 1278 of the Statutes of 1968, and shall be planned so as to be consistent with the preservation of rivers of the California Wild and Scenic Rivers System, as provided in Chapter 1.4 (commencing with Section 5093.50) of this division. -(c) Any element of the plan relating to trails and areas for the use of off/highway motor vehicles shall be prepared and maintained by the Division of Off/Highway Motor Vehicle Recreation pursuant to Chapter 1.25 (commencing with Section 5090.01). -(d) In planning the system, the director shall consult with and seek the assistance of the Department of Rehabilitation, representatives of its California Access Network volunteers, and nonprofit disability access groups to assure that adequate provision is made for publicizing the potential use of recreational trails, including heritage corridors by physically disabled persons. -SEC. 8. -Section 6232 of the Public Resources Code is amended to read: -6232. -The Secretary of the Natural Resources Agency shall appoint the following members of the advisory panel, who shall serve at the pleasure of the secretary: -(a) A representative of the Division of Boating and Waterways within the Department of Parks and Recreation. -(b) A representative of the Department of Conservation. -(c) A representative of the Department of Fish and Wildlife. -(d) The Executive Director of the California Coastal Commission or the executive director’s designee. -(e) A representative of the fish industry. -(f) A representative of the aquaculture industry. -(g) A representative of the ocean engineering industry. -(h) A representative of the University of California. -(i) A representative of the California State University. -(j) A representative of a private California institution of higher education that is participating in the National Sea Grant Program. -(k) A representative of the State Lands Commission. -(l) A representative of the Office of Environmental Health Hazard Assessment. -(m) A representative of the State Water Resources Control Board. -(n) A representative of the Office of Oil Spill Prevention and Response in the Department of Fish and Wildlife, designated by the administrator for oil spill response. -SEC. 9. -Section 6311 of the Public Resources Code is amended to read: -6311. -It is hereby declared to be the policy of this state that any grant of tidelands or submerged lands made after January 1, 1971, within an area which has been designated by the Division of Boating and Waterways within the Department of Parks and Recreation as the location of a small craft harbor of refuge, shall contain a reservation and condition requiring the grantee to submit a plan to the Division of Boating and Waterways within the Department of Parks and Recreation, within a reasonable period of time after the effective date of the grant, for the construction of facilities necessary or convenient for the use of the granted lands as a small craft harbor of refuge, and requiring the construction of facilities to be completed within a specified period of time after approval of the plan by the Division of Boating and Waterways within the Department of Parks and Recreation. -SEC. 10. -Section 30411 of the Public Resources Code is amended to read: -30411. -(a) The Department of Fish and Wildlife and the Fish and Game Commission are the principal state agencies responsible for the establishment and control of wildlife and fishery management programs and the commission shall not establish or impose any controls with respect thereto that duplicate or exceed regulatory controls established by these agencies pursuant to specific statutory requirements or authorization. -(b) The Department of Fish and Wildlife in consultation with the commission and the Division of Boating and Waterways within the Department of Parks and Recreation, may study degraded wetlands and identify those which can most feasibly be restored in conjunction with development of a boating facility as provided in subdivision (a) of Section 30233. Any study conducted under this subdivision shall include consideration of all of the following: -(1) Whether the wetland is so severely degraded and its natural processes so substantially impaired that it is not capable of recovering and maintaining a high level of biological productivity without major restoration activities. -(2) Whether a substantial portion of the degraded wetland, but in no event less than 75 percent, can be restored and maintained as a highly productive wetland in conjunction with a boating facilities project. -(3) Whether restoration of the wetland’s natural values, including its biological productivity and wildlife habitat features, can most feasibly be achieved and maintained in conjunction with a boating facility or whether there are other feasible ways to achieve these values. -(c) The Legislature finds and declares that salt water or brackish water aquaculture is a coastal-dependent use which should be encouraged to augment food supplies and to further the policies set forth in Chapter 4 (commencing with Section 825) of Division 1. The Department of Fish and Wildlife may identify coastal sites it determines to be appropriate for aquaculture facilities. If the Department of Fish and Wildlife identifies these sites, it shall transmit information identifying the sites to the commission and the relevant local government agency. The commission, and where appropriate, local governments, shall, consistent with the coastal planning requirements of this division, provide for as many coastal sites identified by the Department of Fish and Wildlife for any uses that are consistent with the policies of Chapter 3 (commencing with Section 30200) of this division. -(d) Any agency of the state owning or managing land in the coastal zone for public purposes shall be an active participant in the selection of suitable sites for aquaculture facilities and shall make the land available for use in aquaculture when feasible and consistent with other policies of this division and other provisions of law. -SEC. 11. -Section 30419 of the Public Resources Code is amended to read: -30419. -The Division of Boating and Waterways within the Department of Parks and Recreation is the principal state agency for evaluating the economic feasibility of any boating facility to be developed within the coastal zone. -If the economic viability of a boating facility becomes an issue in a coastal development permit matter or in a local coastal program or any amendment thereto, the commission shall request the Division of Boating and Waterways within the Department of Parks and Recreation to provide comment, including, but not limited to, the analysis of costs associated with conditions of approval. In cases where the Division of Boating and Waterways within the Department of Parks and Recreation desires to make any comment, it shall be made within 30 days of the commission’s request. The commission shall include the comment in its decision regarding a coastal development permit or local coastal program or any amendment thereto.","(1) Existing law declares the official state animal, rock, mineral, grass, insect, and bird, among other official things. -This bill would make lace lichen (Ramalina menziesii) the official state lichen. -(2) Existing law transferred the Department of Boating and Waterways into the Department of Parks and Recreation as a division of that department. Existing law renamed the Department of Fish and Game as the Department of Fish and Wildlife. -This bill would making conforming and other nonsubstantive changes, including repealing an obsolete provision.","An act to add Section 424.6 to the Government Code, and to amend Sections 5003.6, 5008, 5008.5, 5071.7, 6232, 6311, 30411, and 30419 of, and to repeal Section 5044 of, the Public Resources Code, relating to public resources." -850,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12098.7 of the Government Code is repealed. -SEC. 2. -Section 12098.7 is added to the Government Code, to read: -12098.7. -Notwithstanding any other law, effective June 30, 2014, the Economic Adjustment Assistance Grant funded through the United States Economic Development Administration under Title IX of the Public Works and Economic Development Act of 1965 (Grant No. 07-19-02709 and 07-19-2709.01) shall be transferred to the Valley Economic Development Center, Inc. The State of California is the dismissed grantee and the Valley Economic Development Center, Inc., shall be the successor grantee. All responsibilities and authorities associated with these funds shall be transferred from the Governor’s Office of Business and Economic Development to the Valley Economic Development Center, Inc., pursuant to the terms and conditions agreed to by all parties, including the United States Economic Development Administration, the Governor’s Office of Business and Economic Development, and the Valley Economic Development Center, Inc., pursuant to the Offer and Acceptance of Award Amendment For Transfer of Award entered into by the parties on June 17, 2014. -SEC. 3. -Section 63010 of the Government Code is amended to read: -63010. -For purposes of this division, the following words and terms shall have the following meanings unless the context clearly indicates or requires another or different meaning or intent: -(a) “Act” means the Bergeson-Peace Infrastructure and Economic Development Bank Act. -(b) “Bank” means the California Infrastructure and Economic Development Bank. -(c) “Board” or “bank board” means the Board of Directors of the California Infrastructure and Economic Development Bank. -(d) “Bond purchase agreement” means a contractual agreement executed between the bank and a sponsor, or a special purpose trust authorized by the bank or a sponsor, or both, whereby the bank or special purpose trust authorized by the bank agrees to purchase bonds of the sponsor for retention or sale. -(e) “Bonds” means bonds, including structured, senior, and subordinated bonds or other securities; loans; notes, including bond, revenue, tax, or grant anticipation notes; commercial paper; floating rate and variable maturity securities; and any other evidences of indebtedness or ownership, including certificates of participation or beneficial interest, asset backed certificates, or lease-purchase or installment purchase agreements, whether taxable or excludable from gross income for federal income taxation purposes. -(f) “Cost,” as applied to a project or portion thereof financed under this division, means all or any part of the cost of construction, renovation, and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, licenses, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved; the cost of all machinery, equipment, and financing charges; interest prior to, during, and for a period after completion of construction, renovation, or acquisition, as determined by the bank; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; and the cost of architectural, engineering, financial and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of any project or incidental to the construction, acquisition, or financing of any project, and transition costs in the case of an electrical corporation. -(g) “Economic development facilities” means real and personal property, structures, buildings, equipment, and supporting components thereof that are used to provide industrial, recreational, research, commercial, utility, goods movement, or service enterprise facilities, community, educational, cultural, or social welfare facilities and any parts or combinations thereof, and all facilities or infrastructure necessary or desirable in connection therewith, including provision for working capital, but shall not include any housing. -(h) “Electrical corporation” has the meaning set forth in Section 218 of the Public Utilities Code. -(i) “Executive director” means the Executive Director of the California Infrastructure and Economic Development Bank appointed pursuant to Section 63021. -(j) “Financial assistance” in connection with a project, includes, but is not limited to, any combination of grants, loans, the proceeds of bonds issued by the bank or special purpose trust, insurance, guarantees or other credit enhancements or liquidity facilities, and contributions of money, property, labor, or other things of value, as may be approved by resolution of the board or the sponsor, or both; the purchase or retention of bank bonds, the bonds of a sponsor for their retention or for sale by the bank, or the issuance of bank bonds or the bonds of a special purpose trust used to fund the cost of a project for which a sponsor is directly or indirectly liable, including, but not limited to, bonds, the security for which is provided in whole or in part pursuant to the powers granted by Section 63025.1; bonds for which the bank has provided a guarantee or enhancement, including, but not limited to, the purchase of the subordinated bonds of the sponsor, the subordinated bonds of a special purpose trust, or the retention of the subordinated bonds of the bank pursuant to Chapter 4 (commencing with Section 63060); or any other type of assistance deemed appropriate by the bank or the sponsor, except that no direct loans shall be made to nonpublic entities other than in connection with the issuance of rate reduction bonds pursuant to a financing order or in connection with a financing for an economic development facility. -For purposes of this subdivision, “grant” does not include grants made by the bank except when acting as an agent or intermediary for the distribution or packaging of financing available from federal, private, or other public sources. -(k) “Financing order” has the meaning set forth in Section 840 of the Public Utilities Code. -(l) “Guarantee trust fund” means the California Infrastructure Guarantee Trust Fund. -(m) “Infrastructure bank fund” means the California Infrastructure and Economic Development Bank Fund. -(n) “Loan agreement” means a contractual agreement executed between the bank or a special purpose trust and a sponsor that provides that the bank or special purpose trust will loan funds to the sponsor and that the sponsor will repay the principal and pay the interest and redemption premium, if any, on the loan. -(o) “Participating party” means any person, company, corporation, association, state, or municipal governmental entity, partnership, firm, or other entity or group of entities, whether organized for profit or not for profit, engaged in business or operations within the state and that applies for financing from the bank in conjunction with a sponsor for the purpose of implementing a project. However, in the case of a project relating to the financing of transition costs or the acquisition of transition property, or both, on the request of an electrical corporation, or in connection with financing for an economic development facility, or for the financing of insurance claims, the participating party shall be deemed to be the same entity as the sponsor for the financing. -(p) “Project” means designing, acquiring, planning, permitting, entitling, constructing, improving, extending, restoring, financing, and generally developing public development facilities or economic development facilities within the state or financing transition costs or the acquisition of transition property, or both, upon approval of a financing order by the Public Utilities Commission, as provided in Article 5.5 (commencing with Section 840) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code. -(q) “Public development facilities” means real and personal property, structures, conveyances, equipment, thoroughfares, buildings, and supporting components thereof, excluding any housing, that are directly related to providing the following: -(1) “City streets” including any street, avenue, boulevard, road, parkway, drive, or other way that is any of the following: -(A) An existing municipal roadway. -(B) Is shown upon a plat approved pursuant to law and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, bridges, shoulders, gutters, curbs, guardrails, sidewalks, parking areas, benches, fountains, plantings, lighting systems, and other areas within the street lines, as well as equipment and facilities used in the cleaning, grading, clearance, maintenance, and upkeep thereof. -(2) “County highways” including any county highway as defined in Section 25 of the Streets and Highways Code, that includes the land between the highway lines, whether improved or unimproved, and may comprise pavement, bridges, shoulders, gutters, curbs, guardrails, sidewalks, parking areas, benches, fountains, plantings, lighting systems, and other areas within the street lines, as well as equipment and facilities used in the cleaning, grading, clearance, maintenance, and upkeep thereof. -(3) “Drainage, water supply, and flood control” including, but not limited to, ditches, canals, levees, pumps, dams, conduits, pipes, storm sewers, and dikes necessary to keep or direct water away from people, equipment, buildings, and other protected areas as may be established by lawful authority, as well as the acquisition, improvement, maintenance, and management of floodplain areas and all equipment used in the maintenance and operation of the foregoing. -(4) “Educational facilities” including libraries, child care facilities, including, but not limited to, day care facilities, and employment training facilities. -(5) “Environmental mitigation measures” including required construction or modification of public infrastructure and purchase and installation of pollution control and noise abatement equipment. -(6) “Parks and recreational facilities” including local parks, recreational property and equipment, parkways, and property. -(7) “Port facilities” including airports, landports, waterports, railports, docks, harbors, ports of entry, piers, ships, small boat harbors and marinas, and any other facilities, additions, or improvements in connection therewith, that transport goods or persons. -(8) “Power and communications” including facilities for the transmission or distribution of electrical energy, natural gas, and telephone and telecommunications service. -(9) “Public transit” including air and rail transport, airports, guideways, vehicles, rights-of-way, passenger stations, maintenance and storage yards, and related structures, including public parking facilities, and equipment used to provide or enhance transportation by bus, rail, ferry, or other conveyance, either publicly or privately owned, that provides to the public general or special service on a regular and continuing basis. -(10) “Sewage collection and treatment” including pipes, pumps, and conduits that collect wastewater from residential, manufacturing, and commercial establishments, the equipment, structures, and facilities used in treating wastewater to reduce or eliminate impurities or contaminants, and the facilities used in disposing of, or transporting, remaining sludge, as well as all equipment used in the maintenance and operation of the foregoing. -(11) “Solid waste collection and disposal” including vehicles, vehicle-compatible waste receptacles, transfer stations, recycling centers, sanitary landfills, and waste conversion facilities necessary to remove solid waste, except that which is hazardous as defined by law, from its point of origin. -(12) “Water treatment and distribution” including facilities in which water is purified and otherwise treated to meet residential, manufacturing, or commercial purposes and the conduits, pipes, and pumps that transport it to places of use. -(13) “Defense conversion” including, but not limited to, facilities necessary for successfully converting military bases consistent with an adopted base reuse plan. -(14) “Public safety facilities” including, but not limited to, police stations, fire stations, court buildings, jails, juvenile halls, and juvenile detention facilities. -(15) “State highways” including any state highway as described in Chapter 2 (commencing with Section 230) of Division 1 of the Streets and Highways Code, and the related components necessary for safe operation of the highway. -(16) (A) “Military infrastructure,” including, but not limited to, facilities on or near a military installation, that enhance the military operations and mission of one or more military installations in this state. To be eligible for funding, the project shall be endorsed by the Office of Planning and Research. -(B) For purposes of this subdivision, “military installation” means any facility under the jurisdiction of the Department of Defense, as defined in paragraph (1) of subsection (e) of Section 2687 of Title 10 of the United States Code. -(17) “Goods movement-related infrastructure” including port facilities, roads, rail, and other facilities and projects that move goods, energy, and information. -(r) “Rate reduction bonds” has the meaning set forth in Section 840 of the Public Utilities Code. -(s) “Revenues” means all receipts, purchase payments, loan repayments, lease payments, and all other income or receipts derived by the bank or a sponsor from the sale, lease, or other financing arrangement undertaken by the bank, a sponsor, or a participating party, including, but not limited to, all receipts from a bond purchase agreement, and any income or revenue derived from the investment of any money in any fund or account of the bank or a sponsor and any receipts derived from transition property. Revenues shall not include moneys in the General Fund of the state. -(t) “Special purpose trust” means a trust, partnership, limited partnership, association, corporation, nonprofit corporation, or other entity authorized under the laws of the state to serve as an instrumentality of the state to accomplish public purposes and authorized by the bank to acquire, by purchase or otherwise, for retention or sale, the bonds of a sponsor or of the bank made or entered into pursuant to this division and to issue special purpose trust bonds or other obligations secured by these bonds or other sources of public or private revenues. Special purpose trust also means any entity authorized by the bank to acquire transition property or to issue rate reduction bonds, or both, subject to the approvals by the bank and powers of the bank as are provided by the bank in its resolution authorizing the entity to issue rate reduction bonds. -(u) “Sponsor” means any subdivision of the state or local government including departments, agencies, commissions, cities, counties, nonprofit corporations formed on behalf of a sponsor, special districts, assessment districts, and joint powers authorities within the state or any combination of these subdivisions that makes an application to the bank for financial assistance in connection with a project in a manner prescribed by the bank. This definition shall not be construed to require that an applicant have an ownership interest in the project. In addition, an electrical corporation shall be deemed to be the sponsor as well as the participating party for any project relating to the financing of transition costs and the acquisition of transition property on the request of the electrical corporation and any person, company, corporation, partnership, firm, or other entity or group engaged in business or operation within the state that applies for financing of any economic development facility, shall be deemed to be the sponsor as well as the participating party for the project relating to the financing of that economic development facility. -(v) “State” means the State of California. -(w) “Transition costs” has the meaning set forth in Section 840 of the Public Utilities Code. -(x) “Transition property” has the meaning set forth in Section 840 of the Public Utilities Code.","(1) The Bergeson-Peace Infrastructure and Economic Development Bank Act establishes the California Infrastructure and Economic Development Bank, within the Governor’s Office of Business and Economic Development, to be governed by a specified board of directors. The act makes findings and declarations, provides definitions, and authorizes the board to take various actions in connection with the bank, including the issuance of bonds, as specified. -This bill, among other things, would revise the definition of economic development facilities to include facilities that are used to provide goods movement and would define goods movement-related infrastructure. The bill would revise the definition of port facilities to specifically reference airports, landports, waterports, and railports. -(2) Existing law authorizes the Governor’s Office of Business and Economic Development and its director to expend funds relating to the Economic Adjustment Assistance Grant funded through the United States Economic Development Administration. -This bill would repeal these provisions, and would specify that, effective June 30, 2014, those funds are transferred to the Valley Economic Development Corporation pursuant to the terms and conditions agreed to by the United States Economic Development Administration, the Governor’s Office of Business and Economic Development, and the Valley Economic Development Center, Inc., on June 17, 2014.","An act to repeal and add Section 12098.7 of, and to amend Section 63010 of, the Government Code, relating to state government." -851,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) County assessors are required to follow complex state laws in the performance of their duties. -(b) The application of those laws is intended to provide consistent and accurate assessment practices across the state. -(c) It is the intent of the Legislature that the interests of taxpayers be protected by ensuring that decisions regarding eligibility of a property for exemption, other than homeowners’ exemptions, or whether a transaction is a change in ownership or qualifies for an exclusion from a change in ownership, or both, be made by staff who is certified to make those decisions. -(d) It is further the intent of the Legislature that implementation of education and certification requirements required by Section 3 of this act be undertaken in the most efficient and economical manner, utilizing existing resources of California county assessors with the advice and counsel of the State Board of Equalization. -SEC. 2. -Section 674 of the Revenue and Taxation Code is amended and renumbered to read: -681. -(a) All contracts for the performance of appraisal work for assessors by any person who is not an employee of the state, any county, or any city shall be entered into only after at least two competitive bids and shall be entered into either on a fixed fee basis or on the basis of an hourly rate with a maximum dollar amount. -(b) In addition to any provision in the Real Estate Appraisers’ Licensing and Certification Law (Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code), a contractor shall maintain the confidentiality of assessee information and records as provided in Sections 408, 451, and 481 that is obtained in performance of the contract. -(1) A request for information and records from an assessee shall be made by the assessor. The assessor may authorize a contractor to request additional information or records, if needed. However, a contractor shall not request that information or records without the written authorization of the assessor. -(2) A contractor shall not provide appraisal data in his or her possession to the assessor or a contractor of another county who is not a party to the contract. An assessor may provide that data to the assessor of another county as provided in subdivision (b) of Section 408. -(c) A contractor may not retain information contained in, or derived from, an assessee’s confidential information and records after the conclusion, termination, or nonrenewal of the contract. Within 90 days of the conclusion, termination, or nonrenewal of the contract, the contractor shall: -(1) Purge and return to the assessor any assessee records, whether originals, copies, or electronically stored, provided by the assessor or otherwise obtained from the assessee. -(2) Provide a written declaration to the assessor that the contractor has complied with this subdivision. -(d) All contracts entered into pursuant to subdivision (a) shall include a provision incorporating the requirements of subdivisions (b) and (c). This provision of the contract shall use language that is prescribed by the State Board of Equalization. -(e) For purposes of this section, a “contractor” means any person who is not an employee of the state, any county, or any city who performs appraisal work pursuant to a contract with an assessor. -SEC. 3. -Article 8.5 (commencing with Section 674) is added to Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation Code, to read: -Article 8.5. Assessment Analyst Certificates -674. -(a) An assessor or any person employed by the office of the county assessor shall not make decisions with regard to changes in ownership unless he or she is the holder of a valid assessment analyst certificate issued by the board. -(b) An assessor or any person employed by the office of the county assessor shall not make decisions with regard to property tax exemptions, except for homeowners’ exemption claims, unless he or she is the holder of a valid assessment analyst certificate issued by the board. -(c) The board shall provide for the examination of applicants for an assessment analyst certificate and may contract with the Department of Human Resources to give the examinations. Examinations shall be prepared by the board with the advice and assistance of a committee of five assessors selected by the California Assessors’ Association for this purpose. A certificate shall not be issued to any assessor or person employed by the office of the county assessor who has not attained a passing grade in the examination and demonstrated to the board that he or she is competent to make change in ownership or exemption decisions, or both, as that competency is defined in regulations duly adopted by the board. However, any applicant for a certificate who is denied a certificate pursuant to this section shall have a right to a review of that denial in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). -(d) This section does not apply to an assessor or any person employed by the office of the county assessor holding a valid appraiser’s or advanced appraiser’s certificate issued by the board. -(e) The board shall not impose any charge upon a county or city and county or an applicant for an examination or certification under this section or for training conducted by the board under Section 675. -675. -(a) (1) In order to retain a valid certificate, every certified assessment analyst shall complete at least 24 hours of training conducted or approved by the board in each one-year period. -(2) Any training time in excess of the 24-hour minimum that is accumulated in any one year shall be carried over as credit for future training requirements, with a limit of three years in which the carryover time may be credited. -(3) Failure to complete training in accordance with this subdivision shall constitute grounds for revocation of a certificate. A proceeding to revoke shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). -(4) Training shall include, but not be limited to, new developments in applicable case law, statutory law, and administrative rules. -(b) (1) The board shall issue an advanced assessment analyst certificate for an applicant that has held a certificate issued in accordance with Section 674 for at least three years and has done at least one of the following: -(A) Has successfully completed an advanced course of study prescribed pursuant to paragraph (2). -(B) Has passed an advanced level examination prepared pursuant to paragraph (2). -(2) The board, with the advice and assistance of five assessors selected by the California Assessors’ Association, shall prescribe an advanced course of study and prepare the advanced level examination. -(3) In order to retain a valid advanced assessment analyst certificate, every holder shall complete at least 12 hours of training in each one-year period. -(4) Any training time for the advanced assessment analyst certificate that is in excess of the 12-hour minimum accumulated in any one year shall be carried over as a credit for future training requirements, with a limit of two years in which the carryover time may be credited. -(5) Failure to complete training in accordance with this subdivision shall constitute grounds for revocation of an advanced assessment analyst certificate. A proceeding to revoke shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). -(6) Training to retain the advanced assessment analyst certificate shall include, but not be limited to, new developments in applicable case law, statutory law, and administrative rules. -676. -(a) At the time of certification, each applicant shall disclose, on forms provided by the board, his or her financial interest in any legal entity. Thereafter, the form shall be completed annually. -(b) If the applicant is also required to annually file with the Fair Political Practices Commission pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code, a duplicate of that filing shall meet the requirements of this section. -677. -The board may issue a temporary certificate to an assessor who is newly elected or appointed or to any person newly employed by the office of the county assessor in order to afford the person the opportunity to apply for and take an examination, the successful passage of which would qualify the person for a certificate pursuant to this article. The board shall not issue a temporary certificate for a duration that exceeds one year, unless the person has been duly elected or appointed to the office of assessor. The board shall not renew a temporary certificate. -678. -The board may issue an interim certificate to a current assessor or to any person who is currently employed by the office of the county assessor, and who is making change in ownership or exemption decisions in order to afford that person the opportunity to apply for and take an examination, the successful passage of which would qualify the person for a certificate pursuant to this article. The board shall not issue an interim certificate for a duration that exceeds four years, unless the person has been duly elected or appointed to the office of assessor. The board shall not renew an interim certificate. -679. -This article shall not be construed to impede an assessor from managing his or her staff resources efficiently, and in a manner that allows noncertificated staff to prepare and work with exemption applications and change in ownership documents, provided that the noncertificated staff are not responsible for making exemption or change in ownership decisions. -680. -This article shall only apply in counties or cities and counties that have passed a resolution upon the recommendation of the assessor to require certification as provided by this article.","Existing law provides for the annual assessment and collection of property taxes by each county, and provides for the state administration of the property tax by the State Board of Equalization. -The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, “full cash value” is defined as the assessor’s valuation of real property as shown on the 1975–76 tax bill under “full cash value” or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred. -Existing property tax law requires a transferee of real property or a manufactured home that is locally assessed to file a change in ownership statement with the assessor of the county in which the property or manufactured home is located, and also requires a corporation, partnership, limited liability company, or other legal entity to file a change in ownership statement with the board. -Existing property tax law also includes various property tax exemptions as authorized or established by the California Constitution. -This bill would prohibit an assessor or any person employed by the office of the county assessor from making decisions with regard to change in ownership, or with regard to property tax exemptions, except a homeowners’ exemption claim, unless he or she is the holder of a valid assessment analyst certificate issued by the board. The bill would require the board to provide for the examination of applicants for a certificate and would authorize the board to contract with the Department of Human Resources to give the examinations. The bill would require prescribed annual training for certification, and would also provide for advanced certification. Failure to complete training as required would be grounds for revocation. The bill would also authorize the board to issue temporary certificates and interim certificates under prescribed circumstances. This bill would specify that its provisions are not to be construed to impede assessors from managing their staff resources efficiently regarding exemption applications and change in ownership documents, provided that noncertificated staff are not responsible for making exemption or change in ownership decisions. This bill would provide that its provisions only apply in those counties and cities and counties that have passed a resolution upon the recommendation of the assessor to require certification as described above.","An act to amend and renumber Section 674 of, and to add Article 8.5 (commencing with Section 674) to Chapter 3 of Part 2 of Division 1 of, the Revenue and Taxation Code, relating to taxation." -852,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 103 of the Elections Code is amended to read: -103. -A voter who has signed an initiative, referendum, or recall petition pursuant to the Constitution or laws of this state shall have his or her signature withdrawn from the petition upon filing a written request that includes the voter’s name, residence address, and signature with the appropriate county elections official or city elections official prior to the day the petition is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104. -SEC. 2. -Section 3106 of the Elections Code is amended to read: -3106. -(a) A military or overseas voter who is living outside of the territorial limits of the United States or the District of Columbia, or is called for military service within the United States on or after the final date to make application for a vote by mail ballot, may return his or her ballot by facsimile transmission. To be counted, the ballot returned by facsimile transmission shall be received by the voter’s elections official no later than the closing of the polls on election day and shall be accompanied by an identification envelope containing all of the information required by Section 3011 and an oath of voter declaration in substantially the following form: -“OATH OF VOTER -I,, acknowledge that by returning my voted -ballot by facsimile transmission I have waived my right to have my ballot -kept secret. Nevertheless, I understand that, as with any vote by mail -voter, my signature, whether on this oath of voter form or my identification -envelope, will be permanently separated from my voted ballot to maintain -its secrecy at the outset of the tabulation process and thereafter. - -My residence address (last U.S. residence for voter qualification purposes) is(Street Address) _____ _____ (City) _____ _____ (ZIP Code). - -My current mailing address is(Street Address) _____ (City) _____ _____ (ZIP Code). - -My email address is _________________. My facsimile transmission -number is _________________. - -I am a resident of __________ County, State of California, or am qualified -as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of -the Elections Code and I have not applied, nor intend to apply, for a vote by -mail ballot from any other jurisdiction for the same election. - -I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. - -Dated this __________ day of ______, 20_____. - -(Signature) -(voter)(power of attorney cannot be accepted) - -YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE -ABOVE OATH AND INCLUDE IT WITH YOUR BALLOT AND -IDENTIFICATION ENVELOPE, ALL OF WHICH ARE RETURNED -BY FACSIMILE TRANSMISSION.” -(b) Notwithstanding the voter’s waiver of the right to a secret ballot, each elections official shall adopt appropriate procedures to protect the secrecy of ballots returned by facsimile transmission. -(c) Upon receipt of a ballot returned by facsimile transmission, the elections official shall determine the voter’s eligibility to vote by comparing the signature on the return information with the signature on the voter’s affidavit of registration or any signature permitted for comparison under Section 3019. The ballot shall be duplicated and all materials preserved according to procedures set forth in this code. -(d) Notwithstanding subdivision (a), a military or overseas voter who is permitted to return his or her ballot by facsimile transmission is, nonetheless, encouraged to return his or her ballot by mail or in person if possible. A military or overseas voter should return a ballot by facsimile transmission only if doing so is necessary for the ballot to be received before the close of polls on election day. -SEC. 3. -Section 4108 of the Elections Code is amended to read: -4108. -(a) Notwithstanding any other law and regardless of the number of eligible voters within its boundaries a district may, by resolution of its governing board, conduct any election by all-mailed ballots pursuant to Division 4 (commencing with Section 4000). -(b) (1) A district conducting an election by all-mailed ballots may consolidate its election with the election of one or more other legislative or congressional districts, public districts, cities, counties, or other political subdivisions if all of the elections to be consolidated will be: -(A) Held on the same day. -(B) Held in the same territory or in a territory that is in part the same. -(C) Conducted wholly by mail. -(2) A district consolidating its election pursuant to subdivision (a) shall order the consolidation pursuant to Section 10400. -(3) A district election that is consolidated with an all-mailed ballot election for a legislative or congressional district shall also comply with any additional statutory requirements that apply to the all-mailed ballot election for that legislative or congressional district. -(c) An election conducted pursuant to this section shall be held on a date prescribed in Section 1500 or on any other date other than an established election date. -SEC. 4. -Section 9602 of the Elections Code is amended to read: -9602. -A voter who has signed an initiative or referendum petition, and who subsequently wishes his or her name withdrawn, may do so by filing a written request for the withdrawal with the appropriate elections official that includes the voter’s name, residence address, and signature. This request shall be filed in the elections official’s office prior to the date the petition is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104. -SEC. 5. -Section 10404 of the Elections Code is amended to read: -10404. -(a) This section applies only to special districts electing members of the governing body in odd-numbered years. As used in this section, “special district” means an agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries, except a city, county, city and county, school or community college district, or special assessment district. -(b) Notwithstanding any other law, a governing body of a special district may, by resolution, require that its elections of governing body members be held on the same day as the statewide general election. -(1) The resolution setting the election shall also include dates that are consistent with the primary or general election with respect to nominations, notices, canvass of votes, certification of election, and all other procedural requirements of this code pertaining to the primary or general election. -(2) The resolution shall be submitted to the board of supervisors no later than 240 days prior to the date of the currently scheduled district election. -(c) The board of supervisors shall notify all districts located in the county of the receipt of the resolution to consolidate and shall request input from each district on the effect of consolidation. -(d) The elections official shall prepare and transmit to the board of supervisors an impact analysis of the proposed consolidation. -(e) The board of supervisors, within 60 days from the date of submission, shall approve the resolution unless it finds that the ballot style, voting equipment, or computer capacity is such that additional elections or materials cannot be handled. Prior to the adoption of a resolution to either approve or deny a consolidation request, the board or boards of supervisors shall each obtain from the elections official a report on the cost-effectiveness of the proposed action. -(f) Within 30 days after the approval of the resolution, the elections official shall notify all registered voters of the districts affected by the consolidation of the approval of the resolution by the board of supervisors. The notice shall be delivered by mail and at the expense of the district. -(g) Public notices of the proceedings in which the resolution is to be considered for adoption shall be made pursuant to Section 25151 of the Government Code. -(h) If a special district is located in more than one county, the special district may not consolidate an election if any county in which the special district is located denies the request for consolidation. -(i) If, pursuant to subdivision (b), a special district election is held on the same day as the statewide general election, those governing body members whose terms of office would have, prior to the adoption of the resolution, expired prior to that election shall, instead, continue in their offices until their successors are elected and qualified, but in no event shall the term be extended beyond December 31 of the year following the year in which the request for consolidation is approved by the board of supervisors. -(j) If a board of supervisors approves the resolution pursuant to subdivision (e), the special district election shall be conducted on the date specified by the board of supervisors, in accordance with subdivision (a), unless the approval is later rescinded by the board of supervisors. -(k) If the date of a special district election is changed pursuant to this section, at least one election shall be held before the resolution, as approved by the board of supervisors, may be subsequently repealed or amended. -SEC. 6. -Section 10505 of the Elections Code is amended to read: -10505. -The terms of office of elective officers in all new districts shall be determined as follows: -(a) If the district is formed in an odd-numbered year, the officers elected at the formation election shall hold office until noon on the first Friday in December of the next following odd-numbered year, provided officers elected at an election held on the first Tuesday after the first Monday in November shall hold office as provided in subdivision (c). -(b) If the district is formed in an even-numbered year, the officers elected at the formation election shall hold office until noon on the first Friday in December of the second next following odd-numbered year. -(c) The directors elected at the first general district election held in a district and at a formation election held at the same time as the general district election shall meet as soon as practicable after taking office and classify themselves by lot into two classes, as nearly equal in number as possible, and the terms of office of the class having the greater number shall be four years and the terms of office of the class having the lesser number shall be two years. All other elective officers elected at the election shall hold office for a term of four years or until their successor is elected and qualifies. -(d) Pursuant to Section 10404, a special district electing members of the governing body in odd-numbered years may, by resolution, require that its elections of governing body members be held on the same day as the statewide general election. -SEC. 7. -Section 11303 of the Elections Code is amended to read: -11303. -A voter who has signed a recall petition shall have his or her signature withdrawn from the petition upon filing a written request that includes the voter’s name, residence address, and signature with the elections official prior to the day the petition section bearing the voter’s signature is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104.","Existing law authorizes a voter who has signed an initiative, referendum, or recall petition to remove his or her name from the petition by filing a written request to do so with the appropriate county elections official prior to the day the petition is filed. -This bill would require the written request filed with the elections official to include the voter’s name, residence address, and signature. -Existing law sets forth procedures for voting by military or overseas voters, as defined, and permits a military or overseas voter to return his or her ballot by facsimile transmission, accompanied by an oath of voter declaration that includes the voter’s signature. Existing law prescribes the contents of the oath of voter declaration and requires, among other things, the voter to provide his or her current mailing address. -The bill would modify the oath of voter declaration form to indicate that the residence address is the last U.S. residence for voter qualification purposes. -Existing law permits a district to conduct an election by all-mailed ballots. Existing law also permits political subdivisions to consolidate their elections in certain circumstances. -The bill would permit a district conducting an election by all-mailed ballots to consolidate its election with one or more other political subdivisions that are also conducting their elections wholly by mail, if certain conditions are satisfied. -Existing law permits the governing body of a special district to consolidate its elections of governing body members in November of odd-numbered years with the statewide general election. -The bill would expand that authorization to special district elections of governing body members in any month of odd-numbered years.","An act to amend Sections 103, 3106, 4108, 9602, 10404, 10505, and 11303 of the Elections Code, relating to elections." -853,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 102230 of the Health and Safety Code is amended to read: -102230. -(a) (1) The State Registrar shall arrange and permanently preserve the certificates in a systematic manner and shall prepare and maintain comprehensive and continuous indices of all certificates registered. -(2) The birth, death, and marriage record indices prepared pursuant to paragraph (1) and all comprehensive birth, death, and marriage record indices prepared or maintained by local registrars and county recorders shall be kept confidential and shall be exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). -(3) Notwithstanding paragraph (2), the State Registrar, at his or her discretion, may release comprehensive birth, death, and nonconfidential marriage record indices to a government agency. The comprehensive birth record indices released to the county recorder shall be subject to the same restrictions applicable to the confidential portion of a certificate of live birth, as specified in Section 102430. Local registrars and county recorders, when requested, shall release their comprehensive birth, death, and marriage record indices to the State Registrar. Local registrars may release their comprehensive birth and death record indices to the county recorder within its jurisdiction for purposes of the preparation or maintenance of the indices of the county recorder. A government agency that obtains indices pursuant to this paragraph shall not sell or release the index or a portion of its contents to another person, except as necessary for official government business, and shall not post the indices or any portion of the indices on the Internet. -(b) (1) The State Registrar shall prepare and maintain separate noncomprehensive indices of all California birth, death, and nonconfidential marriage records for public release. -(2) For purposes of this section, noncomprehensive birth record indices for public release shall be comprised of first, middle, and last name, sex, date of birth, and place of birth. -(3) For purposes of this section, noncomprehensive death record indices for public release shall be comprised of first, middle, and last name, sex, date of birth, place of birth, place of death, date of death, and father’s last name. -(4) For purposes of this section, noncomprehensive nonconfidential marriage record indices for public release shall be comprised of the name of each party to the marriage and the date of marriage. -(5) Requesters of the birth, death, or nonconfidential marriage record indices prepared pursuant to this subdivision shall provide proof of identity, complete a form, and sign the form under penalty of perjury. The form shall include all of the following: -(A) The proposed use of the birth, death, or nonconfidential marriage record indices. -(B) A disclaimer crediting analyses, interpretations, or conclusions reached regarding the birth, death, or nonconfidential marriage record indices to the author and not to the State Department of Public Health. -(C) Assurance that technical descriptions of the birth, death, or nonconfidential marriage record indices are consistent with those provided by the State Department of Public Health. -(D) Assurance that the requester shall not sell, assign, or otherwise transfer the birth, death, or nonconfidential marriage record indices. -(E) Assurance that the requester shall not use the birth or death record indices for fraudulent purposes. -(6) Birth, death, and nonconfidential marriage record indices obtained pursuant to this subdivision, and any portion thereof, shall not be used for fraudulent purposes. -(c) (1) The State Registrar shall prepare and maintain separate noncomprehensive indices of all California birth, death, and nonconfidential marriage records for purposes of law enforcement or preventing fraud. -(2) For purposes of this section, noncomprehensive birth record indices for the purpose of preventing fraud shall be comprised of first, middle, and last name, sex, date of birth, place of birth, and mother’s maiden name. -(3) For purposes of this section, noncomprehensive death record indices for the purpose of preventing fraud shall be comprised of first, middle, and last name, place of death, mother’s maiden name, sex, social security number, date of birth, place of birth, date of death, and father’s last name. -(4) For purposes of this section, noncomprehensive nonconfidential marriage record indices for the purpose of preventing fraud shall be comprised of the name of each party to the marriage and the date of marriage. -(5) The birth, death, and nonconfidential marriage record indices prepared pursuant to this subdivision shall be made available to financial institutions, as defined in Section 6827(4)(A) and (B) of Title 15 of the United States Code, its representatives or contractors, consumer credit reporting agencies, as defined in subdivision (d) of Section 1785.3 of the Civil Code, its representatives or contractors, those entities providing information services for purposes of law enforcement or preventing fraud, officers of the court for the sole purpose of verifying a death, and to persons or entities acting on behalf of law enforcement agencies or the court, or pursuant to a court order. -(6) The birth, death, and nonconfidential marriage record indices prepared pursuant to this subdivision may be released to a government agency. -(7) Requesters of the birth, death, or nonconfidential marriage record indices prepared pursuant to this subdivision shall provide proof of identity, complete a form, and sign the form under penalty of perjury. The form shall include all of the following: -(A) An agreement not to release or allow public access to the birth, death, or nonconfidential marriage record indices, and an agreement not to post the indices on the Internet, except as permitted by this subdivision. -(B) The proposed use of the birth, death, or nonconfidential marriage record indices. -(C) The names of all persons within the organization, if applicable, who will have access to the birth, death, or nonconfidential marriage record indices. -(D) A disclaimer crediting analyses, interpretations, or conclusions reached regarding the birth, death, or nonconfidential marriage record indices to the author and not to the State Department of Public Health. -(E) Assurance that technical descriptions of the birth, death, or nonconfidential marriage record indices are consistent with those provided by the State Department of Public Health. -(F) Assurance that the requester shall not sell, assign, or otherwise transfer the birth, death, or nonconfidential marriage record indices, except as permitted by this subdivision. -(G) Assurance that the requester shall not use the birth, death, or nonconfidential marriage record indices for fraudulent purposes. -(8) (A) Birth, death, and nonconfidential marriage record indices, and any portion thereof, obtained pursuant to this section, shall not be used for fraudulent purposes and shall not be posted on the Internet. -(B) Notwithstanding subparagraph (A), individual information contained in birth, death, and nonconfidential marriage record indices may be posted on the Internet if all of the following requirements are met: -(i) The individual information is posted on an Internet Web site that is protected by a password. -(ii) The individual information is posted on an Internet Web site that is available to subscribers only for a fee. -(iii) The individual information is not posted for public display. -(iv) The individual information is available to subscribers pursuant to a contractual agreement. -(v) The individual information is posted for purposes of law enforcement or preventing fraud. -(d) Mail-in requests from nongovernmental agencies for birth, death, and nonconfidential marriage record indices requested pursuant to subdivisions (b) and (c) shall include a notarized statement attesting to the identity of the requester. -(e) Noncomprehensive birth, death, and nonconfidential marriage record indices pursuant to subdivisions (b) and (c) shall be updated annually. -(f) Birth, death, and nonconfidential marriage record indices provided pursuant to this section shall be made available subject to cost recovery provisions of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). -(g) Noncomprehensive birth, death, and nonconfidential marriage record indices created by local registrars or county recorders shall be subject to the conditions for release required by this section. -(h) A person or entity that obtains a birth, death, or nonconfidential marriage record index, or any portion thereof, from a requester who has obtained the index in accordance with paragraph (7) of subdivision (c) shall not sell, assign, or otherwise transfer that index, or any portion thereof, to a third party. -(i) Paragraphs (2) and (3) of subdivision (a) and subdivisions (b) to (h), inclusive, shall be implemented only to the extent that funds for these purposes are appropriated by the Legislature in the annual Budget Act or other statute. -SEC. 2. -Section 103526.5 of the Health and Safety Code is amended to read: -103526.5. -(a) Each certified copy of a birth, death, or marriage record issued pursuant to Section 103525 shall include the date issued, the name of the issuing officer, the signature of the issuing officer, whether that is the State Registrar, local registrar, county recorder, or county clerk, or an authorized facsimile thereof, and the seal of the issuing office. -(b) All certified copies of birth, death, and marriage records issued pursuant to Section 103525 shall be printed on chemically sensitized security paper that measures 8 -1/2 -inches by 11 inches and that has the following features: -(1) Intaglio print. -(2) Latent image. -(3) Fluorescent, consecutive numbering with matching barcode. -(4) Microprint line. -(5) Prismatic printing. -(6) Watermark. -(7) Void pantograph. -(8) Fluorescent security threads. -(9) Fluorescent fibers. -(10) Any other security features deemed necessary by the State Registrar. -(c) (1) The State Registrar may suspend the use of any security feature described in subdivision (b) if necessary to enable the State Registrar, local registrar, county recorder, or county clerk to supply an applicant with a certified copy of a birth, death, or marriage record issued pursuant to Section 103525. -(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this subdivision through all-county letters or similar instructions from the State Registrar without taking regulatory action. -(d) The State Registrar, local registrars, county recorders, and county clerks shall take precautions to ensure that uniform and consistent standards are used statewide to safeguard the security paper described in subdivision (b), including, but not limited to, the following measures: -(1) Security paper shall be maintained under secure conditions so as not to be accessible to the public. -(2) A log shall be kept of all visitors allowed in the area where security paper is stored. -(3) All spoilage shall be accounted for and subsequently destroyed by shredding on the premises. -SEC. 3. -Section 103526.6 is added to the Health and Safety Code, to read: -103526.6. -(a) The State Registrar, in consultation with the County Recorders’ Association of California and other stakeholders, shall study all security features for paper used to print a vital record pursuant to Section 103525, or alternative security features that are equal to or better than those that are currently mandated. -(b) (1) On or before January 1, 2018, the State Registrar shall submit to the Legislature a report that contains the findings of the study conducted pursuant to subdivision (a) and legislative recommendations pertaining to those findings. -(2) A report submitted to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order for the State Registrar to allow individuals access to their vital records and to conduct a study regarding all security features for paper used to print a vital record, or alternative security features that are equal to or better than those that are currently mandated, as soon as possible, and to ensure timely reporting of the findings of that study to the Legislature, it is necessary that this act take effect immediately.","Existing law requires the State Registrar to administer the registration of births, deaths, fetal deaths, and marriages. Existing law requires the State Registrar to arrange and permanently preserve the certificates in a systematic manner and to prepare and maintain a comprehensive and continuous index of all certificates registered. Existing law requires that specified birth, death, and marriage record indices prepared or maintained by local registrars and county recorders be kept confidential. Existing law requires, notwithstanding these provisions, local registrars and county recorders to release, when requested, their comprehensive birth, death, and nonconfidential marriage record indices to the State Registrar. -This bill would additionally authorize the local registrar to release birth and death record indices to the county recorder within its jurisdiction for purposes of the preparation or maintenance of the indices of the county recorder. The bill would extend application of specified access restrictions applicable to confidential portions of certificates of live birth to confidential birth record indices. -Existing law prescribes specified personal information to be included on birth, death, and marriage certificates. Under existing law, a certified copy of a birth or death record may only be supplied by the State Registrar, local registrar, or county recorder to an authorized person, as defined, who submits a statement sworn under penalty of perjury that the applicant is an authorized person. Existing law also requires that each certified copy of a birth, death, or marriage record contain specified information and be printed on sensitized security paper with specified security features, including, among others, intaglio print. -This bill would authorize the State Registrar to suspend the use of any security feature if necessary to enable the State Registrar, local registrar, county recorder, or county clerk to supply an applicant with a certified copy of a birth, death, or marriage record. The bill would authorize the State Department of Public Health to implement this provision through all-county letters or similar instructions, as specified. -Existing law requires the State Registrar to appoint a Vital Records Protection Advisory Committee to study and make recommendations to protect individual privacy, inhibit identity theft, and prevent fraud involving birth, death, and marriage certificates while providing needed access to the information contained in those records by persons seeking it for a legitimate purpose. -This bill would require the State Registrar, in consultation with the County Recorders’ Association of California and other stakeholders, to study all security features for paper used to print a vital record, or alternative security features that are equal to or better than those that are currently mandated. The bill would require the State Registrar to submit a report to the Legislature, on or before January 1, 2018, that contains the findings of that study and legislative recommendations pertaining to those findings. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 102230 and 103526.5 of, and to add Section 103526.6 to, the Health and Safety Code, relating to vital records, and declaring the urgency thereof, to take effect immediately." -854,"The people of the State of California do enact as follows: - - -SECTION 1. -Part 13.5 (commencing with Section 31001) is added to Division 2 of the Revenue and Taxation Code, to read: -PART 13.5. Medical Marijuana Tax Law -CHAPTER 1. General Provisions and Definitions -31001. -This part shall be known and may be cited as the Medical Marijuana Tax Law. -31002. -As used in this part, the following terms have the following definitions: -(a) “Cultivator” means a person that is licensed as a cultivator for purposes of medical marijuana regulation under the Business and Professions Code. -(b) “Distribution” has the same meaning as that term is defined for purposes of medical marijuana regulation in the Business and Professions Code. -(c) “Licensed distributor” means a person that is licensed as a distributor for purposes of medical marijuana regulation under the Business and Professions Code. -(d) “Sale” means the transfer of title or possession for consideration in any manner or by any means whatever. -(e) “Qualified nonprofit organization” means an organization exempt from tax as an organization described in Section 501(c)(3) of the Internal Revenue Code . -CHAPTER 2. Imposition of Tax -31005. -(a) On and after the operative date set forth in Section 31030, for the privilege of distributing marijuana flowers, marijuana leaves, and immature marijuana plants, a tax is hereby imposed upon all cultivators at a rate of $9.25 per ounce of marijuana flowers, $2.75 per ounce of marijuana leaves, and $1.25 per immature marijuana plant from the sale of all marijuana flowers, marijuana leaves, and immature marijuana plants distributed to a licensed distributor in this state. -(b) The licensed distributor shall collect the tax from the cultivator and shall separately state the amount of the tax imposed under this part on the purchase order, which shall be given by the licensed distributor to the cultivator at the time of sale. -(c) There are exempted from the taxes imposed by this part, sales by a cultivator that the state is prohibited from taxing under the Constitution or laws of the United States or the Constitution of this state. Any claim for exemption from the tax imposed by this part shall be made to the board in the manner prescribed by the board. -31006. -The Legislative Analyst’s Office shall regularly review the tax levels established under this part, at a minimum of every other year, beginning in 2018, and make recommendations to the Legislature, as appropriate, regarding adjustments that would further the goal of addressing public safety and the environmental impacts caused by the proliferation of marijuana cultivation. -CHAPTER 3. Administration -31010. -(a) The board shall administer and collect the tax imposed by this part pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code) with those changes as may be necessary to conform to this section. For purposes of this part, the references in the Fee Collection Procedures Law to “fee” shall include the tax imposed by this part, and references to “feepayer” shall include a person required to pay the tax imposed by this part. -(b) The tax that is required to be collected by the licensed distributor, and any amount unreturned to the medical marijuana cultivator that is not owed as part of the tax, but was collected from the cultivator under the representation by the licensed distributor that it was owed as a tax, constitutes debts owed by the licensed distributor to the state. -(c) A cultivator is liable for the tax until it has been paid to the state, except that payment to the licensed distributor relieves the cultivator from further liability for the tax. Any tax collected from a cultivator that has not been remitted to the board shall be a debt owed to the state by the licensed distributor required to collect and remit the tax. This part does not impose any obligation upon the licensed distributor to take any legal action to enforce the collection of the tax imposed by this part. -31011. -(a) The board may prescribe, adopt, and enforce regulations relating to the implementation, administration, and enforcement of this part, including, but not limited to, applicant requirements, collections, reporting, refunds, and appeals. -(b) The board may prescribe, adopt, and enforce any emergency regulations as necessary to implement this part. Any emergency regulation prescribed, adopted, or enforced pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. -31012. -(a) The tax is due and payable to the board quarterly on or before the last day of the month following each calendar quarter. -(b) On or before the last day of the month following each calendar quarter, a return for the preceding calendar quarter shall be filed with the board. -(c) Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the board. -31013. -(a) The Marijuana Production and Environment Mitigation Fund is hereby created in the State Treasury. All taxes, interest, penalties, and other amounts collected and paid to the board pursuant to this part, less payments of refunds and costs of administration, shall be deposited in the fund. -(b) Notwithstanding Section 13340 of the Government Code, all moneys deposited in the Marijuana Production and Environment Mitigation Fund are hereby continuously appropriated, without regard to fiscal years, in the following manner: -(1) Thirty-five percent to the Department of Food and Agriculture for disbursement for local law enforcement-related activities pertaining to illegal marijuana cultivation. Funds allocated pursuant to this paragraph shall be allocated on a competitive grant application process administered by the Department of Food and Agriculture. The Department of Food and Agriculture shall promulgate guidelines for the grant process as soon as administratively possible, but no later than April 1, 2017. -(2) Thirty-five percent to the Natural Resources Agency to fund a competitive grant program for environmental cleanup restoration, and protection of public and private lands that have been damaged by illegal marijuana cultivation. Where appropriate, the agency may administer funds using programs established pursuant to Section 5750 of the Public Resources Code, subdivision (a) and paragraph (1) of subdivision (l) of Section 75050 of the Public Resources Code. Funds allocated pursuant to this paragraph shall be prioritized to restoration and cleanup projects, on public or private lands, based on the level of damages that have occurred. Not less than 35 percent of the funds shall be used for these purposes related to public lands, and not less than 20 percent of the funds shall be used for these purposes related to private lands. The agency shall consult and partner with counties, cities, or cities and counties, and may partner with qualified nonprofit organizations, other appropriate state agencies, and the appropriate federal entities, including, but not limited to, the United States Department of Agriculture and the United States Department of the Interior, for the purposes of awarding grants to state or local government entities and qualified nonprofit organizations that engage in environmental cleanup and restoration. The agency shall promulgate guidelines for the grant process as soon as administratively possible, but no later than April 1, 2017. -(3) Thirty percent to the multiagency task force, the Department of Fish and Wildlife and State Water Resources Control Board pilot project, to address the environmental impacts of marijuana cultivation on public and private lands in California and other state enforcement-related activities from illegal marijuana cultivation. -CHAPTER 4. Report to the Legislature -31020. -(a) The board shall submit a report to the Legislature on the total amount of revenue that was collected for the two-year period commencing on the operative date of this part. The report is due to the Legislature on or before the last day of the month commencing 180 days after the two-year period commencing on the operative date of this part. -(b) The report required by this section shall be submitted in compliance with Section 9795 of the Government Code. -CHAPTER 5. Operative Date and Funding -31030. -This part shall become operative on or after the first day of the first calendar quarter commencing more than 270 days after adequate funding has been received by the board to implement and administer this part. The board shall post a notice on its Internet Web site when this condition has been satisfied. -31031. -Funds for the establishment and support of the activities required pursuant to this part shall be advanced as a General Fund or special fund loan, and shall be repaid by the board from the initial proceeds from taxes collected pursuant to this part, no later than six months after the operative date specified in Section 31030. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use and cultivation of marijuana for medical purposes. Existing law makes it a crime to plant, cultivate, harvest, dry, or process marijuana, except as otherwise authorized by law. Under existing law, qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate in order collectively and cooperatively to cultivate marijuana for medical purposes, are not subject to criminal sanctions solely on the basis of that fact. -The Fee Collection Procedures Law, among other things, provides for the administration of fee programs by the State Board of Equalization, establishes procedures for collection, reporting, return, refund, and appeals, and authorizes the board to adopt regulations relating to administration and enforcement of the law. The Fee Collection Procedures Law establishes criminal penalties for specified acts, including making it a misdemeanor to knowingly or willfully file a false return and making it a felony to willfully evade or attempt to evade or defeat the payment of a fee. -This bill would impose a tax in specified amounts on the distribution in this state by a cultivator, as defined, of marijuana flowers, marijuana leaves, and immature marijuana plants to a licensed distributor, as specified, and would require the licensed distributor to collect the tax from the cultivator and remit it to the board. The bill would require the board to collect the tax pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would require all moneys, less refunds and costs of administration, to be deposited into the Marijuana Production and Environment Mitigation Fund, which this bill would establish in the State Treasury, and would continuously appropriate the moneys in that fund to the board for allocation, as specified. -By expanding the application of the Fee Collection Procedures Law, which imposes criminal penalties for various acts, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of -2/3 -of the membership of each house of the Legislature.","An act to add Part 13.5 (commencing with Section 31001) to Division 2 of the Revenue and Taxation Code, relating to medical marijuana, and making an appropriation therefor." -855,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known and may be cited as the California Israel Commerce Protection Act. -SEC. 2. -The Legislature finds and declares as follows: -(a) The United States and Israel have a unique bond based on their shared, enduring values, which are reflected in the virtues and principles of freedom and democracy, and have stood together as allies since Israel was first formed as a nation. -(b) For years, California and Israel have established business partnerships and trade relations with each other, and those partnerships have helped enhance the agricultural, educational, energy, entertainment, health, medical, scientific, and water policies in California, Israel, and the United States. -(c) On March 5, 2014, as the culmination of an effort started as Assembly Bill 1032 of the 2009–10 Regular Session, the Governor of California and the Prime Minister of Israel signed a memorandum of understanding (MOU) for strategic partnerships for joint innovation, exchanges, and cooperation between California and Israel. -(d) In July 2015, the Legislature affirmed its support for the MOU by passing Senate Concurrent Resolution 25, noting that participants in the MOU had already expanded cooperation between Israel and California in areas such as alternative energy, agriculture, business innovation, and academia, and declaring that collaboration with Israel will foster peace and democracy in the Middle East. -(e) Public retirement systems in this state currently invest on behalf of the citizens of California in publicly traded foreign companies that may be at risk due to ties with businesses that are publicly boycotting Israel. -(f) Investments in publicly traded foreign companies that have business operations with a company that boycotts Israel risk the pensions of the dedicated public employees of this state. -(g) Excluding and divesting from companies that boycott Israel and from portfolios that include those companies will help protect the public retirement systems in this state from investment losses related to these business activities and may improve the investment performance of the public retirement systems. -(h) Israel is recognized around the world as the strongest democratically elected government in the Middle East and is an American ally, and that nation’s democracy and relationship with the United States add to the security and strength of California. -(i) It is unconscionable for this state to invest in companies that boycott Israel, as California has long standing social, political, and economic partnerships with the State of Israel. -SEC. 3. -Section 16649.80 of the Government Code is amended to read: -16649.80. -The definitions in this section shall govern the construction and interpretation of this chapter. -(a) “Investment” or “invest” means the commitment of funds or other assets to a business firm, including a loan or other extension of credit made to that firm, or security given for the other assets to that business enterprise, or the beneficial ownership or control of a share or interest in that business firm, or of a bond or other debt instrument issued by that business firm. -(b) “Business firm” means any foreign or domestic organization, association, corporation, partnership, venture, or other entity, its subsidiary, or affiliate which exists for profitmaking purposes or to otherwise secure economic advantage, other than a financial institution. -(c) “Financial institution” means any foreign or domestic bank, bank holding company, savings and loan association, or credit union, or any foreign or domestic insurance company, brokerage firm, securities firm, investment company, mortgage banking company, finance company, personal property broker, mortgage loan broker, or consumer credit company, or any affiliate or subsidiary thereof. -(d) “Business arrangements” means projects, ventures, undertakings, contractual relations, or other efforts requiring ongoing or periodic performance by either or both parties. -(e) “Discriminatory business practices” means business arrangements that are prohibited by Sections 16721 and 16721.5 of the Business and Professions Code. -(f) “State trust moneys” means funds administered by the Public Employees’ Retirement Fund, the Legislators’ Retirement Fund, the State Teachers’ Retirement Fund, the Judges’ Retirement Fund, the Judges’ Retirement System II Fund, the Volunteer Firefighter Fund, the General Fund portion of the University of California Retirement Fund, and any funds invested pursuant to this part. -(g) “State trust fund” means the Public Employees’ Retirement Fund, the Legislators’ Retirement Fund, the State Teachers’ Retirement Fund, the Judges’ Retirement Fund, the Judges’ Retirement System II Fund, the Volunteer Firefighter Fund, and any investment fund created by this part. -(h) “State moneys” means all money, bonds, and securities in possession of or collected by any state agency. -(i) “Compliance with the Arab League’s economic boycott of Israel” means taking any action, with respect to the boycott of Israel by Arab countries, which is prohibited by the United States Export Administration Act of 1979. -(j) “Compliance with the boycott of Israel” means taking any action in compliance with an action by a foreign government, international organization, or affiliated agency of an international organization, that is politically motivated and intended to penalize or otherwise limit commercial relations specifically with Israel or persons doing business in Israel or in Israeli-controlled territories. -SEC. 4. -Section 16649.81 of the Government Code is amended to read: -16649.81. -(a) -On or after January 1, 1994, state trust moneys shall not be used to make additional or new investments or to renew existing investments in business firms that engage in discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel. -(b) On or after January 1, 2017, state trust moneys shall not be used to make additional or new investments or to renew existing investments in business firms that engage in discriminatory business practices in furtherance of or in compliance with the boycott of Israel. -SEC. 5. -Section 16649.82 of the Government Code is amended to read: -16649.82. -(a) Subdivision (a) of -Section 16649.81 shall not apply to any business firm -which, -that, -by resolution of its governing body, adopts a policy not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel. The resolution required by this section shall include the following statement: “____ (name of business firm) agrees not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel.” -(b) Subdivision (b) of Section 16649.81 shall not apply to any business firm that, by resolution of its governing body, adopts a policy not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the boycott of Israel. The resolution required by this section shall include the following statement: “____ (name of business firm) agrees not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the boycott of Israel.” -SEC. 6. -Section 16649.83 of the Government Code is amended to read: -16649.83. -(a) -On or after January 1, 1994, state trust moneys shall not be used to make additional or new investments or to renew existing investments in financial institutions that engage in discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel. -(b) On or after January 1, 2017, state trust moneys shall not be used to make additional or new investments or to renew existing investments in financial institutions that engage in discriminatory business practices in furtherance of or in compliance with the boycott of Israel. -SEC. 7. -Section 16649.84 of the Government Code is amended to read: -16649.84. -(a) Subdivision (a) of -Section 16649.83 shall not apply to any financial institution -which, -that, -by resolution of its governing body, adopts a policy not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel. The resolution required by this section shall include the following statement: “____ (name of financial institution) agrees not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel.” -(b) Subdivision (b) of Section 16649.83 shall not apply to any financial institution that, by resolution of its governing body, adopts a policy not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the boycott of Israel. The resolution required by this section shall include the following statement: “____ (name of financial institution) agrees not to renew existing, expand existing, or engage in new, discriminatory business practices in furtherance of or in compliance with the boycott of Israel.” -SEC. 8. -Section 16649.85 is added to the Government Code, to read: -16649.85. -Beginning January 1, 2017, and annually thereafter, state trust funds shall use the most recent federal report on politically motivated acts of boycott, divestment from, and sanctions against Israel to determine which business firms and financial institutions engage in discriminatory business practices in furtherance of or in compliance with the boycott of Israel. -SEC. 9. -Section 16649.86 of the Government Code is amended to read: -16649.86. -(a) A copy of a resolution, as described in Sections 16649.82 and 16649.84, shall be submitted to the Treasurer and to the chief administrative officer of each state trust fund. Information shall also be submitted by business firms that provides a description of the discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel -or in compliance with the boycott of Israel -in existence as of the date of the resolution. -(b) The copy of a resolution shall be accompanied by a certification, under penalty of perjury, that the adopted policy is being complied with. Annually thereafter a certification, under penalty of perjury, that the adopted policy is being complied with shall be submitted to the Treasurer. -(c) The resolution and the information submitted to the Treasurer shall be deemed public documents and shall be open to public inspection. -SEC. 10. -Section 16649.88 of the Government Code is amended to read: -16649.88. -(a) -Effective January 1, 1998, state trust funds shall not make or hold any investment in any business firm or financial institution that engages in discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel. -(b) Effective January 1, 2017, state trust funds shall not make or hold any investment in any business firm or financial institution that engages in discriminatory business practices in furtherance of or in compliance with the boycott of Israel. -SEC. 11. -Section 16649.89 of the Government Code is amended to read: -16649.89. -(a -) -State moneys shall not be deposited with financial institutions that, following January 1, 1994, engage in discriminatory business practices in furtherance of or in compliance with the Arab League’s economic boycott of Israel. -(b) State moneys shall not be deposited with financial institutions that, following January 1, 2017, engage in discriminatory business practices in furtherance of or in compliance with the boycott of Israel.","Existing law prohibits state trust funds, as defined, from making, holding, or renewing investments in business firms or financial institutions that engage in discriminatory business practices in furtherance of, or in compliance with, the Arab League’s economic boycott of Israel, as specified. Existing law also prohibits state moneys, as defined, from being deposited with financial institutions that engage in those discriminatory business practices. -This bill would enact the California Israel Commerce Protection Act. The bill would additionally apply those prohibitions to investment in business firms or financial institutions that engage in discriminatory business practices in furtherance or in compliance with the boycott of Israel, as defined. The bill would require state trust funds to use the most recent federal report on politically motivated acts of boycott, divestment from, and sanctions against Israel to determine which business firms and financial institutions engage in those practices. The bill would make conforming changes and related findings and declarations.","An act to amend Sections 16649.80, 16649.81, 16649.82, 16649.83, 16649.84, 16649.86, 16649.88, and 16649.89 of, and to add Section 16649.85 to, the Government Code, relating to state funds." -856,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4875 of the Welfare and Institutions Code is amended to read: -4875. -For purposes of this chapter: -(a) “ABLE account” or “account” means the account established and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account. -(b) “Administrative fund” means the fund used to administer this chapter. -(c) “Board” means the California ABLE Act Board established under this chapter. -(d) “California ABLE Program Trust” or “ABLE program trust” means the trust created pursuant to this chapter. -(e) “Designated beneficiary” means the eligible individual who established an ABLE account and is the owner of the account. -(f) “Eligible individual” means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 26 years of age, and during that taxable year either of the following criteria are satisfied: -(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 26 years of age. -(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act. -(g) “Federal ABLE Act” means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014. -(h) “Investment management” means the functions performed by a manager contracted to perform functions delegated by the board. -(i) “Investment manager” means a manager contracted to perform functions delegated by the board. -(j) “Program fund” means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust. -(k) “Qualified ABLE Program” or “program” means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code. -(l) “Qualified disability expenses” means any expenses related to the eligible individual’s blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: education, housing, transportation, employment training and support, assistive technology and personal support services, health, prevention and wellness, financial management and administrative services, legal fees, expenses for oversight and monitoring, funeral and burial expenses, and other expenses, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act. -SEC. 2. -Section 4877 of the Welfare and Institutions Code is amended to read: -4877. -(a) There is hereby created an instrumentality of the State of California to be known as the California ABLE Program Trust. -(b) The purposes, powers, and duties of the California ABLE Program Trust are vested in, and shall be exercised by, the board. -(c) The board, in the capacity of trustee, shall have the power and authority to do all of the following: -(1) Sue and be sued. -(2) (A) Make and enter into contracts necessary for the administration of the ABLE program trust, and engage personnel, including consultants, actuaries, managers, counsel, and auditors, as necessary for the purpose of rendering professional, managerial, and technical assistance and advice. -(B) Subdivision (a) of Section 10365.5 of the Public Contract Code shall not apply to a contract with a program consultant for the qualified ABLE program. Any contract with a program consultant for the qualified ABLE program that would have been prohibited by that subdivision shall be publicly disclosed in a manner specified by the board prior to entering into the contract. -(3) Adopt a corporate seal and change and amend it from time to time. -(4) Cause moneys in the program fund to be held and invested and reinvested. -(5) Accept any grants, gifts, appropriations, and other moneys from any unit of federal, state, or local government or any other person, firm, partnership, or corporation for deposit to the administrative fund or the program fund. -(6) Enter into agreements with designated beneficiaries or eligible individuals to establish and maintain an ABLE account. -(7) Make provisions for the payment of costs of administration and operation of the ABLE program trust. -(8) Carry out the duties and obligations of the ABLE program trust pursuant to this chapter and the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code and federal regulations issued pursuant to that code, and have any other powers as may be reasonably necessary for the effectuation of the purposes, objectives, and provisions of this chapter. -(9) Carry out studies and projections in order to advise designated beneficiaries or eligible individuals regarding present and estimated future qualified disability expenses and the levels of financial participation in the ABLE program trust required in order to assist designated beneficiaries or eligible individuals. -(10) Participate in any other way in any federal, state, or local governmental program for the benefit of the ABLE program trust. -(11) Promulgate, impose, and collect administrative fees and charges in connection with transactions of the ABLE program trust, and provide for reasonable service charges, including penalties for cancellations. -(12) Set minimum and maximum investment levels. -(13) Administer the funds of the ABLE program trust. -(14) Procure insurance against any loss in connection with the property, assets, or activities of the ABLE program trust. -(15) Procure insurance indemnifying any member of the board from personal loss or liability resulting from a member’s action or inaction as a member of the board. -(d) The Treasurer shall, on behalf of the board, appoint an executive director, who shall not be a member of the board and who shall serve at the pleasure of the board. The Treasurer shall determine the duties of the executive director and other staff as necessary and set his or her compensation. The board may authorize the executive director to enter into contracts on behalf of the board or conduct any business necessary for the efficient operation of the board. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to allow ABLE accounts to be accessed at the earliest possible time, it is necessary that this act take effect immediately.","Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), encourages and assists individuals and families to save private funds for the purpose of supporting persons with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a beneficiary of a qualified ABLE program established and maintained by a state, as specified. -Existing law conforms to these federal income tax law provisions relating to the ABLE Act under the Personal Income Tax Law and the Corporation Tax Law, as provided. Existing law defines “eligible individual” for these purposes. Existing law establishes in state government the ABLE program trust for purposes of implementing the federal ABLE Act. Existing law also establishes the ABLE Act Board and authorizes the board to adopt regulations to implement the program. -The existing State Contract Act, in connection with contracts entered into by any state agency for services to be rendered to the state, prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for, or being awarded a contract for, the provision of services, the procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract. A willful violation of these provisions is a misdemeanor, under other provisions. -This bill would modify the definition of “eligible individual.” The bill would also exempt the ABLE Act Board from the above prohibition in the State Contract Act for a contract with a program consultant for the qualified ABLE program but would require such a contract to be publicly disclosed in a manner specified by the board prior to entering into the contract. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 4875 and 4877 of the Welfare and Institutions Code, relating to taxation, and declaring the urgency thereof, to take effect immediately." -857,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 38134 of the Education Code, as amended by Section 2 of Chapter 764 of the Statutes of 2012, is amended to read: -38134. -(a) (1) The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following: -(A) The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA. -(B) A parent-teacher association. -(C) A school-community advisory council. -(D) A recreational youth sports league that charges participants no more than a nominal fee. As used in this subparagraph, “nominal fee” means an average of no more than sixty dollars ($60) per month. -(2) This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district. -(b) Except as otherwise provided by law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs. -(c) The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131. -(d) The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school district’s direct costs. -(e) In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds. -(f) If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of the facilities or grounds by that entity may be denied. -(g) As used in this section: -(1) “Direct costs” to the school district for the use of school facilities or grounds includes all of the following: -(A) The share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section to operate and maintain school facilities or grounds that is proportional to the entity’s use of the school facilities or grounds under this section. -(B) The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the school facilities or grounds by the entity using the school facilities or grounds under this section as follows: -(i) For purposes of this subparagraph, “school facilities” shall be limited to only nonclassroom space, and “school grounds” shall include, but not necessarily be limited to, playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts. -(ii) The share of the cost for maintenance, repair, restoration, and refurbishment shall not apply to: -(I) Classroom-based programs that operate after school hours, including, but not necessarily limited to, after school programs, tutoring programs, or child care programs. -(II) Organizations retained by the school or school district to provide instruction or instructional activities to pupils during school hours. -(iii) Funds collected under this subparagraph shall be deposited into a special fund that shall only be used for purposes of this section. -(2) “Fair rental value” means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized. -(h) By December 31, 2013, the Superintendent shall develop, and the state board shall adopt, regulations to be used by a school district in determining the proportionate share and the specific allowable costs that a school district may include as direct costs for the use of its school facilities or grounds. -(i) (1) A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks, and shall each bear the costs of defending itself against claims arising from those risks. -(2) Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for injuries caused by a dangerous condition of public property. -(j) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 2. -Section 38134 of the Education Code, as added by Section 3 of Chapter 764 of the Statutes of 2012, is amended to read: -38134. -(a) (1) The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following: -(A) The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA. -(B) A parent-teacher association. -(C) A school-community advisory council. -(D) A recreational youth sports league that charges participants no more than a nominal fee. As used in this subparagraph, “nominal fee” means an average of no more than sixty dollars ($60) per month. -(2) This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district. -(b) Except as otherwise provided by law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs. -(c) The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131. -(d) The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school district’s direct costs. -(e) In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds. -(f) If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of facilities or grounds by that entity may be denied. -(g) As used in this section: -(1) “Direct costs” to the school district for the use of school facilities or grounds means the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section necessitated by the entity’s use of the school facilities or grounds. -(2) “Fair rental value” means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized. -(h) (1) A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks. -(2) Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for an injury caused by a dangerous condition of public property. -(i) This section is operative on and after January 1, 2020.","Existing law, known as the Civic Center Act, authorizes the governing board of a school district to grant the use of school facilities or grounds as a civic center, for specified purposes, upon terms and conditions deemed proper by the governing board of the school district. The act requires the governing board of a school district to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, the Girl Scouts, the Boy Scouts, Camp Fire USA, the YMCA, a parent-teacher association, or a school-community advisory council. The act authorizes and requires the governing board of a school district to charge certain fees for use of its school facilities or grounds. -This bill would specifically authorize a governing board of a school district to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, that is a recreational youth sports league that charges participants an average of no more than $60 per month.","An act to amend Section 38134 of the Education Code, relating to school facilities." -858,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6459 of the Revenue and Taxation Code is amended to read: -6459. -(a) (1) Except as provided in subdivisions (b) and (c), the board for good cause may extend for not to exceed one month the time for making any return or paying any amount required to be paid under this part. The extension may be granted at any time provided a request therefor is filed with the board within or prior to the period for which the extension may be granted. -(2) Any person to whom an extension is granted shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the tax would have been due without the extension until the date of payment. -(b) (1) The board may grant an extension for more than one month if both of the following conditions occur: -(A) A budget for the state has not been adopted by July 1. -(B) The person requesting the extension is a creditor of the state who has not been paid because of the state’s failure to timely adopt a budget. -(2) Any extension granted under this subdivision shall expire no later than the last day of the month following the month in which the budget is adopted or one month from the due date of the return or payment, whichever comes later. -(3) Any person to whom an extension has been granted under this subdivision shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the tax would have been due without the extension until the date of payment. However, no interest shall be due on that portion of the payment equivalent to the amount due to the person from the state on the due date of the payment. -(c) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. -(2) Any person to whom an extension is granted shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the tax would have been due without the extension until the date of payment. -(3) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. -SEC. 2. -Section 7656 of the Revenue and Taxation Code is amended to read: -7656. -(a) Except as provided in subdivision (b), the board for good cause may extend for not to exceed one month the time for making any report or return or paying any tax required under this part. The extension may be granted at any time if a request therefor is filed with the board within or prior to the period for which the extension may be granted. -(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. -(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. -(c) Any person to whom an extension is granted shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the tax would have been due without the extension to the date of payment. -SEC. 3. -Section 8754 of the Revenue and Taxation Code is amended to read: -8754. -(a) Except as provided in subdivision (b), the board for good cause may extend for not to exceed one month the time for making any return or paying any tax required under this part. The extension may be granted at any time, provided a request therefor is filed with the board within or prior to the period for which the extension may be granted. -(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. -(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. -(c) Any user to whom an extension is granted shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the tax would have been due without the extension to the date of payment. -SEC. 4. -Section 30185 of the Revenue and Taxation Code is amended to read: -30185. -(a) Except as provided in subdivision (b) and otherwise provided in Section 30172, the board for good cause may extend for not to exceed one month the time for making any report or return or paying any amount of tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or prior to the period for which the extension may be granted. -(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. -(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. -(c) Any person to whom an extension is granted pursuant to this section shall pay, in addition to the amount of tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the amount of tax would have been due without the extension to the date of payment. -SEC. 5. -Section 32253 of the Revenue and Taxation Code is amended to read: -32253. -(a) Except as provided in subdivision (b), the board for good cause may extend for not to exceed one month the time for making any report or paying any tax. -(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. -(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. -(c) Any person to whom an extension is granted and who pays the tax within the period for which the extension is granted shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the tax would have been due without the extension to the date of payment. -SEC. 6. -Section 38405 of the Revenue and Taxation Code is amended to read: -38405. -(a) Except as provided in subdivision (b), the board for good cause may extend for not to exceed one month the time for making any return or paying any amount required to be paid under this part. The extension may be granted at any time provided a request therefor is filed with the board within or prior to the period for which the extension may be granted. -(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. -(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. -(c) Any person to whom an extension is granted shall pay, in addition to the tax, interest at the adjusted annual rate established pursuant to Section 19521 from the date on which the tax would have been due without the extension until the date of payment. -SEC. 7. -Section 40065 of the Revenue and Taxation Code is amended to read: -40065. -(a) Except as provided in subdivision (b), the board for good cause may extend not to exceed one month the time for making any return or paying any amount required to be paid under this part. The extension may be granted at any time provided a request therefor is filed with the board within or prior to the period for which the extension may be granted. -(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any surcharge required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. -(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. -(c) Any person to whom an extension is granted shall pay, in addition to the surcharge, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the surcharge would have been due without the extension of the date of payment. -SEC. 8. -Section 41054 of the Revenue and Taxation Code is amended to read: -41054. -(a) Except as provided in subdivision (b), the board for good cause may extend not to exceed one month the time for making any return or paying any amount required to be paid under this part. The extension may be granted at any time provided a request therefor is filed with the board within or prior to the period for which the extension may be granted. -(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. -(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. -SEC. 9. -Section 43154 of the Revenue and Taxation Code is amended to read: -43154. -(a) Except as provided in subdivision (b), the board for good cause may extend, for a period of time not to exceed one month, the time for making any return or paying any amount required to be paid under this part. The extension may be granted at any time provided a request therefor is filed with the board within or prior to the period for which the extension may be granted. -(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. -(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. -(c) Any person to whom an extension is granted shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the tax would have been due without the extension until the date of payment. -SEC. 10. -Section 45152 of the Revenue and Taxation Code is amended to read: -45152. -(a) Except as provided in subdivision (b), the board for good cause may extend, for not to exceed one month, the time for making any report or return or paying any amount required to be paid under this part. The extension may be granted at any time if a request therefor is filed with the board within or prior to the period for which the extension may be granted. -(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any fee required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. -(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. -(c) Any person to whom an extension is granted shall pay, in addition to the fee, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5 from the date on which the fee would have been due without the extension until the date of payment. -SEC. 11. -Section 46153 of the Revenue and Taxation Code is amended to read: -46153. -(a) Except as provided in subdivision (b), the board, for good cause, may extend, for a period not to exceed one month, the time for making any return or paying any amount required to be paid under this part. The extension may be granted at any time if a request for the extension is filed with the board within or prior to the period for which the extension may be granted. -(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any fee required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. -(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. -(c) Any person to whom an extension is granted shall pay, in addition to the fee, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5 from the date on which the fee would have been due without the extension until the date of payment. -SEC. 12. -Section 50111 of the Revenue and Taxation Code is amended to read: -50111. -(a) Except as provided in subdivision (b), the board for good cause may extend, for up to one month, the time period within which a person is required to submit a report or pay a sum of money under this part. The extension may be granted at any time if a request is filed with the board within, or prior to the commencement of, the period for which the extension may be granted. -(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any fee required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. -(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. -(c) Any person to whom an extension is granted shall pay, in addition to the fee, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the fee would have been due without the extension until the date of payment. -SEC. 13. -Section 55041 of the Revenue and Taxation Code is amended to read: -55041. -(a) Except as provided in subdivision (b), the board for good cause may extend, for not to exceed one month, the time for making any return or paying any amount required to be paid under this part. The extension may be granted at any time if a request therefor is filed with the board within or prior to the period for which the extension may be granted. -(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any fee required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. -(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. -(c) Any person to whom an extension is granted shall pay, in addition to the fee, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5 from the date on which the fee would have been due without the extension until the date of payment. -SEC. 14. -Section 60208 of the Revenue and Taxation Code is amended to read: -60208. -(a) Except as provided in subdivision (b), the board for good cause may extend for a period not to exceed one month, the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or prior to the period for which the extension may be granted. -(b) (1) In the case of a disaster, the board, for a period not to exceed three months, may extend the time for making any report or return or paying any tax required under this part. The extension may be granted at any time provided a request therefor is filed with the board within or before the period for which the extension may be granted. -(2) For purposes of this section, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity, whether or not resulting from natural causes. -(c) Any person to whom an extension is granted shall pay, in addition to the tax, interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the tax would have been due without the extension to the date of payment. -SEC. 15. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to timely provide essential relief to those persons who have suffered damage or loss as a result of forest fires or other natural disasters or similar public calamity that occurred in 2016, it is necessary that this act take effect immediately.","Existing law authorizes the State Board of Equalization for good cause to extend the time, not to exceed one month, for a taxpayer, and to extend the time for more than one month for specified persons if a budget for the state has not been adopted by a specified date, to submit any return or pay any amount required to be paid under provisions of the Sales and Use Tax Law, Motor Vehicle Fuel Tax Law, Use Fuel Tax Law, Cigarette and Tobacco Products Tax Law, Alcoholic Beverage Tax Law, Timber Yield Tax, Energy Resources Surcharge Law, Emergency Telephone Users Surcharge Act, Hazardous Substances Tax Law, Integrated Waste Management Fee Law, Oil Spill Response, Prevention, and Administration Fees Law, Underground Storage Tank Maintenance Fee Law, Fee Collection Procedures Law, and Diesel Fuel Tax Law, under specified conditions. -This bill would authorize the board, in the case of a disaster, as defined, to allow an extension for up to 3 months under the same conditions as the extension for good cause. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 6459, 7656, 8754, 30185, 32253, 38405, 40065, 41054, 43154, 45152, 46153, 50111, 55041, and 60208 of the Revenue and Taxation Code, relating to tax administration, and declaring the urgency thereof, to take effect immediately." -859,"The people of the State of California do enact as follows: - - -SECTION 1. -The heading of Title 1.1A (commencing with Section 1739.7) of Part 4 of Division 3 of the Civil Code is amended to read: -TITLE 1.1A. AUTOGRAPHED MEMORABILIA -SEC. 2. -Section 1739.7 of the Civil Code is amended to read: -1739.7. -(a) As used in this section: -(1) “Autographed” means bearing the actual signature of a personality signed by that individual’s own hand. -(2) “Collectible” means an autographed item sold or offered for sale in or from this state by a dealer to a consumer for five dollars ($5) or more. -(3) “Consumer” means any natural person who purchases a collectible from a dealer for personal, family, or household purposes. “Consumer” also includes a prospective purchaser meeting these criteria. -(4) (A) “Dealer” means a person who is principally in the business of selling or offering for sale collectibles in or from this state, exclusively or nonexclusively, or a person who by his or her occupation holds himself or herself out as having knowledge or skill peculiar to collectibles, or to whom that knowledge or skill may be attributed by his or her employment of an agent or other intermediary that by his or her occupation holds himself or herself out as having that knowledge or skill. “Dealer” includes an auctioneer who sells collectibles at a public auction, and also includes persons who are consignors or representatives or agents of auctioneers. “Dealer” includes a person engaged in a mail order, telephone order, online, or cable television business for the sale of collectibles. -(B) “Dealer” does not include any of the following: -(i) A pawnbroker licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code, if the collectible was acquired through a foreclosure on a collateral loan, provided that the pawnbroker does not hold himself or herself out as having knowledge or skill peculiar to collectibles. -(ii) The personality who signs the memorabilia. -(iii) A provider or operator of an online marketplace, provided that the online marketplace provider or operator is not principally in the business of selling, or offering for sale, collectibles, in or from the state, exclusively or nonexclusively, or does not hold itself out as having knowledge or skill peculiar to collectibles. -(5) “Description” means any of the following: -(A) Any representation in writing, including, but not limited to, a representation in an advertisement, brochure, catalog, flyer, invoice, sign, Internet Web page, email, or other commercial or promotional material. -(B) Any oral representation. -(C) Any representation included in a radio or television broadcast or online communication to the public in or from this state. -(6) “Limited edition” means any collectible that meets all of the following requirements: -(A) A company has produced a specific quantity of a collectible and placed it on the open market. -(B) The producer of the collectible has posted a notice, at its primary place of business, that it will provide any consumer, upon request, with a copy of a notice that states the exact number of a collectible produced in that series of limited editions. -(C) The producer makes available, upon request of a consumer, evidence that the electronic encoding, films, molds, or plates used to create the collectible have been destroyed after the specified number of collectibles have been produced. -(D) The sequence number of the collectible and the number of the total quantity produced in the limited edition are printed on the collectible. -(7) “Mint condition” means any collectible sold on the open market or through a private transaction that meets all of the following requirements: -(A) The item has never been circulated, used, or worn. -(B) The item exhibits little or no sign of aging or degradation caused by oxidation or exposure to sunlight as a result of its display. -(C) The item is otherwise free from creases, blemishes, or marks. -(8) “Promoter” means a person who arranges, holds, organizes, or presents a trade show featuring collectibles, autograph signings, or both. -(9) “Person” means any natural person, partnership, corporation, limited liability company, company, trust, association, or other entity, however organized. -(b) Whenever a dealer, in selling or offering to sell to a consumer a collectible in or from this state, provides a description of that collectible as being autographed, the dealer shall furnish a certificate of authenticity to the consumer at the time of sale. The certificate of authenticity shall be in writing, shall be signed by the dealer or his or her authorized agent, and shall specify the date of sale. The certificate of authenticity shall be in at least 10-point boldface type and shall contain the dealer’s true legal name and street address. The dealer shall retain a copy of the certificate of authenticity for not less than seven years. Each certificate of authenticity shall do all of the following: -(1) Describe the collectible and specify the name of the personality who autographed it. -(2) Either specify the purchase price and date of sale or be accompanied by a separate invoice setting forth that information. -(3) Contain an express warranty, which shall be conclusively presumed to be part of the bargain, of the authenticity of the collectible. This warranty shall not be negated or limited by reason of the lack of words such as “warranty” or “guarantee” or because the dealer does not have a specific intent or authorization to make the warranty or because any statement relevant to the collectible is or purports to be, or is capable of being, merely the dealer’s opinion. -(4) Specify whether the collectible is offered as one of a limited edition and, if so, specify (A) how the collectible and edition are numbered and (B) the size of the edition and the size of any prior or anticipated future edition, if known. If the size of the edition and the size of any prior or anticipated future edition is not known, the certificate shall contain an explicit statement to that effect. -(5) Indicate whether the dealer is surety bonded or is otherwise insured to protect the consumer against errors and omissions of the dealer and, if bonded or insured, provide proof thereof. -(6) Indicate the last four digits of the dealer’s resale certificate number from the State Board of Equalization. -(7) Indicate whether the item was autographed in the presence of the dealer and specify the date and location of, and the name of a witness to, the autograph signing. -(8) Indicate whether the item was obtained or purchased from a third party. If so, indicate the name and address of this third party. -(9) Include an identifying serial number that corresponds to an identifying number printed on the collectible item, if any. The serial number shall also be printed on the sales receipt. If the sales receipt is printed electronically, the dealer may manually write the serial number on the receipt. -(c) A dealer shall not represent an item as a collectible if it was not autographed by the personality in his or her own hand. -(d) No dealer shall display or offer for sale a collectible in this state unless, at the location where the collectible is offered for sale and in close proximity to the collectible merchandise, there is a conspicuous sign that reads as follows: -“SALE OF AUTOGRAPHED MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.” - -(e) Any dealer engaged in a mail-order, telephone-order, or online business for the sale of collectibles in or from this state: -(1) Shall include the disclosure specified in subdivision (d), in type of conspicuous size, in any written advertisement relating to a collectible. -(2) Shall include in each television or online advertisement relating to a collectible the following written on-screen message, which shall be prominently displayed, easily readable, and clearly visible for no less than five seconds, and which shall be repeated for five seconds once during each four-minute segment of the advertisement following the initial four minutes: -“A written certificate of authenticity is provided with each autographed collectible, as required by law. This dealer may be surety bonded or otherwise insured to ensure the authenticity of any collectible sold by this dealer.” - -(3) Shall include as part of the oral message of each radio advertisement for a collectible the disclosure specified in subdivision (d). -(f) No dealer shall display or offer for sale a collectible in this state at any trade show or similar event primarily featuring sales of collectibles or other memorabilia that offers onsite admission ticket sales unless, at each onsite location where admission tickets are sold, there is prominently displayed a specimen example of a certificate of authenticity. -(g) Any consumer injured by the failure of a dealer to provide a certificate of authenticity containing the information required by this section, or by a dealer’s furnishing of a certificate of authenticity that is false, shall be entitled to recover, in addition to actual damages, a civil penalty in an amount equal to 10 times actual damages, plus court costs, reasonable attorney’s fees, interest, and expert witness fees, if applicable, incurred by the consumer in the action. The court, in its discretion, may award additional damages based on the egregiousness of the dealer’s conduct. The remedy specified in this section is in addition to, and not in lieu of, any other remedy that may be provided by law. -(h) No person shall represent himself or herself as a dealer in this state unless he or she possesses a valid resale certificate number from the State Board of Equalization. -(i) A dealer may be surety bonded or otherwise insured for purposes of indemnification against errors and omissions arising from the authentication, sale, or resale of collectibles. -(j) Whenever a promoter arranges or organizes a trade show featuring collectibles and autograph signings, the promoter shall notify, in writing, any dealer who has agreed to purchase or rent space in this trade show what the promoter will do if any laws of this state are violated, including the fact that law enforcement officials will be contacted when those laws are violated. This notice shall be delivered to the dealer, at his or her registered place of business, at the time the agreement to purchase space in the trade show is made. The following language shall be included in each notice: - -“As a vendor at this collectibles trade show, you are a professional representative of this hobby. As a result, you will be required to follow the laws of this state, including laws regarding the sale and display of collectibles, as defined in Section 1739.7 of the Civil Code, forged and counterfeit collectibles and autographs, and mint and limited edition collectibles. If you do not obey the laws, you may be evicted from this trade show, be reported to law enforcement, and be held liable for a civil penalty of 10 times the amount of damages.”","Existing law regulates the sale or offer to sell by a dealer to a consumer of a collectible in or from this state, as specified. Existing law defines the term “collectible” to mean an autographed sports item, as specified, sold or offered for sale in or from this state by a dealer to a consumer for $5 or more. Existing law defines a “dealer” as, among other things, a person who is in the business of selling or offering for sale collectibles in or from this state, or a person who by his or her occupation holds himself or herself out as having knowledge or skill peculiar to collectibles. -Existing law provides for the regulation of pawnbrokers and makes it unlawful for a person to engage in the business of a pawnbroker without a license issued by the chief of police, the sheriff, or where appropriate, the police commission. -This bill would instead define the term “collectible” to mean all autographed items, whether or not sports related, as specified, and would make conforming changes to the provisions regulating the sale or offer to sell by a dealer to a consumer of a collectible in this state. The bill would exclude a pawnbroker licensed pursuant to a specified law, under specified circumstances, the personality who signs the memorabilia, and a provider or operator of an online marketplace, as specified, from the definition of a dealer.","An act to amend Section 1739.7 of, and to amend the heading of Title 1.1A (commencing with Section 1739.7) of Part 4 of Division 3 of, and to amend Section 1739.7 of, the Civil Code, relating to collectibles." -860,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11837 of the Health and Safety Code is amended to read: -11837. -(a) Pursuant to the provisions of law relating to suspension of a person’s privilege to operate a motor vehicle upon conviction for driving while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and any drug, as set forth in paragraph (3) of subdivision (a) of Section 13352 of the Vehicle Code, the Department of Motor Vehicles shall restrict the driving privilege pursuant to Section 13352.5 of the Vehicle Code, if the person convicted of that offense participates for at least 18 months in a driving-under-the-influence program that is licensed pursuant to this chapter. -(b) In determining whether to refer a person, who is ordered to participate in a program pursuant to Section 668 of the Harbors and Navigation Code, in a licensed alcohol and other drug education and counseling services program pursuant to Section 23538 of the Vehicle Code, or, pursuant to Section 23542, 23548, 23552, 23556, 23562, or 23568 of the Vehicle Code, in a licensed 18-month or 30-month program, the court may consider any relevant information about the person made available pursuant to a presentence investigation, that is permitted but not required under Section 23655 of the Vehicle Code, or other screening procedure. That information shall not be furnished, however, by any person who also provides services in a privately operated, licensed program or who has any direct interest in a privately operated, licensed program. In addition, the court shall obtain from the Department of Motor Vehicles a copy of the person’s driving record to determine whether the person is eligible to participate in a licensed 18-month or 30-month program pursuant to this chapter. When preparing a presentence report for the court, the probation department may consider the suitability of placing the defendant in a treatment program that includes the administration of nonscheduled nonaddicting medications to ameliorate an alcohol or controlled substance problem. If the probation department recommends that this type of program is a suitable option for the defendant, the defendant who would like the court to consider this option shall obtain from his or her physician a prescription for the medication, and a finding that the treatment is medically suitable for the defendant, prior to consideration of this alternative by the court. -(c) (1) The court shall, as a condition of probation pursuant to Section 23538 or 23556 of the Vehicle Code, refer a first offender whose concentration of alcohol in his or her blood was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter. -(2) Notwithstanding any other provision of law, in granting probation to a first offender described in this subdivision whose concentration of alcohol in the person’s blood was 0.20 percent or more, by weight, or who refused to take a chemical test, the court shall order the person to participate, for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter. -(d) (1) The State Department of Health Care Services may specify in regulations the activities required to be provided in the treatment of participants receiving nine months of licensed program services under Section 23538 or 23556 of the Vehicle Code. -(2) Any program licensed pursuant to this chapter may provide treatment services to participants receiving at least six months of licensed program services under Section 23538 or 23556 of the Vehicle Code. -(e) The court shall, subject to Section 11837.2, and as a condition of probation, refer a person with a second or subsequent violation to a licensed program, even if the person’s privilege to operate a motor vehicle is restricted, suspended, or revoked. An 18-month program described in Section 23542 or 23562 of the Vehicle Code or a 30-month program described in Section 23548, 23552, or 23568 of the Vehicle Code may include treatment of family members and significant other persons related to the convicted person with the consent of those family members and others as described in this chapter, if there is no increase in the costs of the program to the convicted person. -(f) The clerk of the court shall indicate the duration of the program in which the judge has ordered the person to participate in the abstract of the record of the court and on the court referral and tracking documents forwarded to the department. -SEC. 2. -Section 23538 of the Vehicle Code is amended to read: -23538. -(a) (1) If the court grants probation to a person punished under Section 23536, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). The court may also impose, as a condition of probation, that the person be confined in a county jail for at least 48 hours, but not more than six months. -(2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. -(3) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, the court may disallow the issuance of a restricted driver’s license required under Section 13352.4. -(b) In any county where the board of supervisors has approved, and the State Department of Health Care Services has licensed, a program or programs described in Section 11837.3 of the Health and Safety Code, the court shall also impose as a condition of probation that the driver shall enroll and participate in, and successfully complete a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, in the driver’s county of residence or employment, as designated by the court. For the purposes of this subdivision, enrollment in an approved program shall take place within 30 days of conviction and participation in, and completion of, the program shall be subsequent to the date of the current violation. Credit may not be given for any program activities completed prior to the date of the current violation. If a person is unable to enroll in a program within 30 days of conviction, the court may grant that person an extension of no longer than 30 days upon the request of the program provider. Extensions may be requested or granted by telephone or by other electronic means. -(1) The court shall refer a first offender whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code. -(2) The court shall refer a first offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test to participate for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code. -(3) The court shall consider, for first time offenders, a blood-alcohol concentration of 0.08 percent or more, by weight, in combination with the presence of a Schedule I or II controlled substance, as defined in Section 812 of Chapter 13 of Title 21 of the United States Code, -except marijuana, as defined in paragraph (16) of Section 802 of Title 21 of the United States Code, or a controlled substance prescribed by a licensed physician or dentist, -as an aggravating factor that may justify enhancing the terms and conditions of probation with regards to referrals and participation in licensed programs and program activities described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code. -(4) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code has been received in the department’s headquarters. -(c) (1) The court shall revoke the person’s probation pursuant to Section 23602, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in subdivision (b). -(2) The court, in establishing reporting requirements, shall consult with the county alcohol program administrator. The county alcohol program administrator shall coordinate the reporting requirements and court referral and tracking documents with the department and with the State Department of Health Care Services. That reporting shall ensure that all persons who, after being ordered to attend and complete a program, may be identified for either (A) failure to enroll in, or failure to successfully complete, the program, or (B) successful completion of the program as ordered. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the court to impose as a condition of probation for a conviction for a first violation of driving under the influence, in a county where the board of supervisors has approved, and the State Department of Health Care Services has licensed, a driving-under-the-influence program, that the driver successfully complete the program in the driver’s county of residence or employment, as designated by the court. Existing law provides that enrollment and participation in, and completion of, an approved program shall be subsequent to the date of the current violation. Existing law requires a county alcohol program administrator to coordinate court-established reporting requirements with the Department of Motor Vehicles and the State Department of Health Care Services. -This bill would require that enrollment in an approved program take place within 30 days of conviction, unless an extension of no longer than 30 days is granted by the court, as specified. The bill would also require the court, for first time offenders, to consider a blood-alcohol concentration of 0.08% or more, by weight, in combination with the presence of a Schedule I or II controlled substance, as defined, -except for marijuana or a controlled substance prescribed by a licensed physician or dentist, -as an aggravating factor that may justify enhancing the terms and conditions of probation, as specified. The bill would require the county alcohol program administrator to additionally coordinate court referral and tracking documents with the Department of Motor Vehicles and the State Department of Health Care Services. By imposing new duties on a county employee, this bill would create a state-mandated local program. -Existing law authorizes a court, as a condition of probation, to refer a person convicted for driving under the influence to a licensed program, as specified, even though the person’s privilege to operate a motor vehicle is restricted, suspended, or revoked. Existing law requires a clerk of the court to indicate the duration of the treatment program the judge has ordered a person to participate in the abstract of the court record that is forwarded to the State Department of Health Care Services. -This bill would instead require a court to refer a person with a 2nd or subsequent -driving under the influence -driving-under-the-influence -conviction to a licensed program as a condition of probation even if the person’s privilege to operate a motor vehicle is restricted, suspended, or revoked. The bill would require the clerk of the court to also indicate the duration of the treatment program ordered on court referral and tracking documents. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 11837 of the Health and Safety Code, and to amend Section 23538 of the Vehicle Code, relating to vehicles." -861,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) According to data released by the -U.S. -United States -Census Bureau, without a high school diploma, Americans are almost twice as likely to live in poverty. -(2) Several independent academic studies indicate a marked increase in school participation and graduation rates among children who were guaranteed transportation to and from school. -(3) According to a recent report by -California -Attorney General Kamala Harris, poverty and financial instability is the number one cause of truancy in the state. -(4) Research shows a strong relationship between access to transportation and improved school attendance. -(b) Based on the findings and declarations in subdivision (a), it is the intent of the Legislature to enact legislation that would support school participation and high school attainment among low-income youth. -SEC. 2. -Section 39800 of the Education Code is amended to read: -39800. -(a) In addition to the requirement to provide transportation pursuant to Section 39800.1, the governing board of any school district may provide for the transportation of pupils to and from school whenever, in the judgment of the governing board, the transportation is advisable and good reasons exist. The governing board of a school district may purchase or rent and provide for the upkeep, care, and operation of -vehicles, or -vehicles. The governing board of a school district -may -also -contract and pay for the transportation of middle school and high school pupils to and from school by a vehicle driven by a public employee of a municipally owned transit system, or may contract with the parent or guardian of the pupil being transported. The governing board of a school district may allow the transportation of preschool or nursery school pupils in schoolbuses owned or operated by the school district. A state reimbursement may not be received by a school district for the transportation of preschool or nursery school pupils. -(b) As used in this article, “municipally owned transit system” means a transit system owned by a city or by a district created under Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code. -SEC. 3. -Section 39800.1 is added to the Education Code, to read: -39800.1. -(a) Notwithstanding any other law, a pupil attending a public, noncharter school that -is eligible for -receives -Title 1 federal funding shall be entitled to free transportation to and from school, if either of the following conditions are met: -(1) The pupil resides more than one-half mile from the school. -(2) The neighborhood through which the pupil must travel to get to school is unsafe, as defined by the plan established pursuant to paragraph (1) of subdivision (b), which may include factors, including, but not limited to, stray dogs, lack of sidewalks, known gang activity, presence of environmental problems and hazards, required crossings of freeways or busy intersections, or other reasons documented by stakeholders in the plan developed pursuant to subdivision (c). -(b) (1) A school district not currently providing transportation to all pupils attending schools that -are eligible for -receive -Title 1 federal funding shall implement a plan to ensure that all pupils entitled to free transportation pursuant to subdivision (a) receive the transportation. -(2) The plan shall identify and accommodate the special rights of homeless youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). -(c) The plan required by paragraph (1) of subdivision (b) shall be developed with the consultation of teachers, school administrators, regional local transit authorities, local air districts, the Department of Transportation, parents, pupils, and other stakeholders. -(d) If free, dependable, and timely transportation is not already available to pupils entitled to transportation services pursuant to this section, the school district shall ensure that the pupils entitled to the transportation are provided free transportation. -(e) Notwithstanding subdivision (f), transportation provided pursuant to this section shall be provided by a public employee. -(f) A school district may partner with a -transit authority -municipality owned transit system -to provide the transportation provided pursuant to this section to middle school and high school pupils if all of the following conditions are met: -(1) All drivers are public employees of a municipality owned transit -agency -system -as defined in subdivision (b) of Section 39800. -(2) The -municipality owned -transit -agency -system -can certify that the -public -transit system can ensure consistent, adequate routes and schedules to enable pupils to get home, to school and back, and does not charge the school district more than marginal cost for each transit pass. -(3) Nothing in this section would prevent a local transportation agency from providing no-cost transit passes to pupils attending Title 1 schools. -(g) All transportation provided pursuant to this section shall be reimbursed by the Transportation and Access to Public School Fund created pursuant to Section 39800.2. -SEC. 4. -Section 39800.2 is added to the Education Code, to read: -39800.2. -(a) The Transportation and Access to Public School Fund is hereby created in the State Treasury to be administered by the department. -(b) Funds in the Transportation and Access to Public School Fund shall, upon appropriation by the Legislature, be allocated to the department for allocation to local educational agencies pursuant to the process established by the Superintendent. -(c) Commencing with the 2017–18 fiscal year, the Superintendent shall allocate from the Transportation and Access to Public School Fund to each school district, county office of education, entity providing services under a school transportation joint powers agreement, or regional occupational center or program that provides pupil transportation an amount equal to the actual costs of the entitled transportation established pursuant to Section 39800.1. The allocation shall be in addition to any amount apportioned for home-to-school transportation pursuant to Article 10 (commencing with Section 41850) of Chapter 5 of Part 24. -(d) This section shall become operative only to the extent that funding is provided in the annual Budget Act or another statute for the purposes of this section. -SEC. 5. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law authorizes the governing board of a school district to provide for the transportation of pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist to do so. -This bill would entitle a pupil who attends a public, noncharter school that -is eligible for -receives -Title 1 federal funding to free transportation to and from school if certain conditions are met. The bill would require a school district not currently providing transportation to all pupils attending schools that -are eligible for -receive -Title 1 federal funding to implement a plan developed, in consultation with specified stakeholders, to ensure that all pupils entitled to free transportation receive the transportation. The bill would authorize school districts to contract with a municipally owned transit system to transport pupils if certain conditions are met. By -requiring -imposing -new duties on a local educational agency, the bill would -impose -constitute -a state-mandated local program. -This bill would create the Transportation and Access to Public School Fund and require the Superintendent of Public Instruction, upon appropriation to this fund by the Legislature, to allocate moneys from this fund to school districts, county offices of education, entities providing services under a school transportation joint powers agreement, or regional occupational centers or programs that provide pupil transportation an amount equal to the actual costs of the entitled transportation pursuant to this bill. The bill would provide that these provisions shall become operative only to the extent that funding is provided in the annual Budget Act or another statute. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 39800 of, and to add Sections 39800.1 and 39800.2 to, the Education Code, relating to school transportation." -862,"The people of the State of California do enact as follows: - - -SECTION 1. -The heading of Chapter 14.5 (commencing with Section 18995) of Part 6 of Division 9 of the Welfare and Institutions Code is amended to read: -CHAPTER 14.5. The CalFood Program -SEC. 2. -Section 18995 of the Welfare and Institutions Code is amended to read: -18995. -(a) On and after January 1, 2017, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the “CalFood Program.” The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households. -(b) The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions. -(c) Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply: -(1) All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program fund’s annual budget. -(2) Notwithstanding paragraph (1), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in paragraph (1), and shall, in part, be used to pay for the department’s administrative costs associated with the administration of the CalFood Program. -SEC. 2.5. -Section 18995 of the Welfare and Institutions Code is amended to read: -18995. -(a) On and after January 1, 2017, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the “CalFood Program.” The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households. -(b) (1) The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions. -(2) Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply: -(A) All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program fund’s annual budget. -(B) Notwithstanding subparagraph (A), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in subparagraph (A), and shall, in part, be used to pay for the department’s administrative costs associated with the administration of the CalFood Program. -(c) (1) The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code. -(2) Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria: -(A) The primary function of the food bank is the distribution of food to low-income households. -(B) The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students. -SEC. 3. -Section 2.5 of this bill incorporates amendments to Section 18995 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 1747. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 18995 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 1747, in which case Section 2 of this bill shall not become operative.","Existing law requires the State Department of Social Services to establish and administer the State Emergency Food Assistance Program (SEFAP), to provide food and funding for the provision of emergency food to food banks, as provided. Existing law creates the State Emergency Food Assistance Program Account and, upon appropriation by the Legislature, allocates the moneys in the account to SEFAP and requires that those moneys be used for the purchase, storage, and transportation of food grown or produced in California and for the department’s administrative costs. -This bill would rename the State Emergency Food Assistance Program as the CalFood Program and would rename the State Emergency Food Assistance Program Account as the CalFood Account. The bill would make other conforming changes in this regard. -This bill would incorporate additional changes to Section 18995 of the Welfare and Institutions Code proposed by AB 1747 that would become operative if this bill and AB 1747 are both enacted and this bill is enacted last.","An act to amend Section 18995 of, and to amend the heading of Chapter 14.5 (commencing with Section 18995) of Part 6 of Division 9 of, the Welfare and Institutions Code, relating to food banks." -863,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1785.11.9 is added to the Civil Code, to read: -1785.11.9. -For purposes of Sections 1785.11.10 and 1785.11.11, the following terms shall have the following meanings: -(a) “Protected consumer” means an individual who is any of the following: -(1) Under 16 years of age at the time a request for the placement of a security freeze is made. -(2) An incapacitated person or a protected person for whom a guardian or conservator has been appointed. -(3) Under the jurisdiction of a county welfare department or county probation department, has been placed in a foster care setting, and is under 16 years of age at the time a request for placement of a security freeze is made. -(b) “Record” means a compilation of information that: -(1) Identifies a protected consumer. -(2) Was created by a consumer credit reporting agency solely for the purpose of complying with this section. -(3) Is not otherwise authorized to be created or used to consider the protected consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. -(c) (1) “Representative” means a person who provides to a consumer credit reporting agency sufficient proof of authority to act on behalf of a protected consumer. -(2) For a protected consumer who has been placed in a foster care setting, “representative” means either of the following: -(A) A county welfare department or its agent or designee. -(B) A county probation department or its agent or designee. -(3) For a protected consumer who has been placed in a foster care setting, “representative” does not mean a foster parent. -(d) “Security freeze” means: -(1) If a consumer credit reporting agency does not have a file pertaining to a protected consumer, a restriction that: -(A) Is placed on the protected consumer’s record in accordance with this section. -(B) Prohibits the consumer credit reporting agency from releasing the protected consumer’s record except as authorized in this section. -(2) If a consumer credit reporting agency has a file pertaining to a protected consumer, a restriction that: -(A) Is placed on the protected consumer’s consumer credit report in accordance with this section. -(B) Prohibits the consumer credit reporting agency from releasing the protected consumer’s consumer credit report or any information derived from the protected consumer’s consumer credit report except as authorized in this section. -(e) “Sufficient proof of authority” means documentation that shows that a representative has authority to act on behalf of a protected consumer in a financial matter. This documentation includes, but is not limited to: -(1) A court order or relevant enabling document issued by a court. -(2) A legally sufficient and valid power of attorney, or a durable power of attorney. -(3) A written, notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected consumer, including a temporary conservator or temporary guardian. -(4) A written communication from a county welfare department or its agent or designee or a county probation department or its agent or designee certifying that the protected consumer is a foster youth under its jurisdiction. -(f) “Sufficient proof of identification” means information or documentation that identifies a protected consumer or a representative of a protected consumer. This information or documentation includes, but is not limited to: -(1) A social security number or a copy of a social security card issued by the Social Security Administration. -(2) A certified copy or official copy of a birth certificate issued by the entity authorized to issue the birth certificate. -(3) A copy of a driver’s license, an identification issued by the Department of Motor Vehicles, or any other government-issued identification. -(4) A copy of a bill for telephone, sewer, septic tank, water, electric, oil, or natural gas services that shows a name and a home address. -(5) A written communication from a county welfare department or its agent or designee or a county probation department or its agent or designee certifying that the protected consumer is a foster youth under its jurisdiction. -SEC. 2. -Section 1785.11.10 is added to the Civil Code, to read: -1785.11.10. -Sections 1785.11.9 to 1785.11.11, inclusive, do not apply to the use of a protected consumer’s consumer credit report or record by any of the following: -(a) A person or entity listed in paragraph (1) or (2) of subdivision (l) of Section 1785.11.2, or Section 1785.11.4 or 1785.11.6. -(b) A person administering a credit file monitoring subscription service to which the representative of the protected consumer has subscribed on behalf of the protected consumer. -(c) A person who provides the protected consumer or the protected consumer’s representative with a copy of the protected consumer’s consumer credit report at the request of the protected consumer or at the request of the protected consumer’s representative. -(d) Any state or local agency, law enforcement agency, trial court, or private collection agency acting pursuant to a court order, warrant, or subpoena. -(e) A child support agency acting pursuant to Chapter 2 (commencing with Section 17400) of Division 17 of the Family Code and Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.). -(f) The State Department of Health Care Services or its agents or assigns acting to investigate Medi-Cal fraud. -(g) The Franchise Tax Board or its agents or assigns acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities. -SEC. 3. -Section 1785.11.11 is added to the Civil Code, to read: -1785.11.11. -(a) A consumer credit reporting agency shall place a security freeze for a protected consumer if both of the following occur: -(1) The consumer credit reporting agency receives a request from the protected consumer’s representative for the placement of the security freeze pursuant to this section. -(2) The protected consumer’s representative does all of the following: -(A) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency. -(B) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative. -(C) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer. -(D) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i). -(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer. -(c) If a protected consumer’s representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze. -(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze. -(e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumer’s consumer credit report, any information derived from the protected consumer’s consumer credit report, or any record created for the protected consumer. -(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs: -(1) The protected consumer or the protected consumer’s representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h). -(2) The security freeze is removed in accordance with subdivision (j). -(g) To remove a security freeze, a protected consumer or a protected consumer’s representative shall do all of the following: -(1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency. -(2) Provide to the consumer credit reporting agency: -(A) If the request is made by the protected consumer: -(i) Proof that the sufficient proof of authority for the protected consumer’s representative to act on behalf of the protected consumer is no longer valid, he or she has been emancipated, or he or she is 16 years of age or older. -(ii) Sufficient proof of identification of the protected consumer. -(B) If the request is made by the representative of a protected consumer: -(i) Sufficient proof of identification of the protected consumer and the representative. -(ii) Sufficient proof of authority to act on behalf of the protected consumer. -(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i). -(h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer. -(i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section. -(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer. -(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances: -(A) The protected consumer’s representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency. -(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer. -(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting. -(j) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumer’s representative. -(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the Internet, or other electronic media to receive and process a request for a protected consumer’s security freeze to be placed or removed.","Existing state law defines and regulates consumer credit reports and authorizes a consumer to place a security freeze on his or her credit report by making a request in writing by mail to a consumer credit reporting agency. Existing state law requires a consumer credit reporting agency to place the security freeze on the consumer’s credit report no later than 3 business days after receiving the consumer’s request. -This bill would require a consumer credit reporting agency to place a security freeze for a protected consumer, defined as an individual who is under 16 years of age at the time a request for the placement of a security freeze is made, an incapacitated person or a protected individual for whom a guardian or conservator has been appointed, or a person under the jurisdiction of a county welfare department or county probation department who has been placed in a foster care setting and is under 16 years of age at the time a request for a security freeze is made, upon that consumer’s representative’s request and compliance with certain requirements. The bill would require a consumer credit reporting agency to send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.","An act to add Sections 1785.11.9, 1785.11.10, and 1785.11.11 to the Civil Code, relating to consumer credit reports." -864,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12201 of the Welfare and Institutions Code is amended to read: -12201. -(a) Except as provided in subdivision (d) or (g), the payment schedules set forth in Section 12200 shall be adjusted annually to reflect any increases or decreases in the cost of living. Except as provided in subdivision (e) or (f), these adjustments shall become effective January 1 of each year. The cost-of-living adjustment shall be based on the changes in the California Necessities Index, which as used in this section shall be the weighted average of changes for food, clothing, fuel, utilities, rent, and transportation for low-income consumers. The computation of annual adjustments in the California Necessities Index shall be made in accordance with the following steps: -(1) The base period expenditure amounts for each expenditure category within the California Necessities Index used to compute the annual grant adjustment are: -Food ........................ -$ 3,027 -Clothing (apparel and upkeep) ........................ -406 -Fuel and other utilities ........................ -529 -Rent, residential ........................ -4,883 -Transportation ........................ -1,757 -Total ........................ -$10,602 -(2) Based on the appropriate components of the Consumer Price Index for All Urban Consumers, as published by the United States Department of Labor, Bureau of Labor Statistics, the percentage change shall be determined for the 12-month period that ends 12 months prior to the January in which the cost-of-living adjustment will take effect, for each expenditure category specified in paragraph (1) within the following geographical areas: Los Angeles-Long Beach-Anaheim, San Francisco-Oakland, San Diego, and, to the extent statistically valid information is available from the Bureau of Labor Statistics, additional geographical areas within the state that include not less than 80 percent of recipients of aid under this chapter. -(3) Calculate a weighted percentage change for each of the expenditure categories specified in paragraph (1) using the applicable weighting factors for each area used by the Department of Industrial Relations to calculate the California Consumer Price Index (CCPI). -(4) Calculate a category adjustment factor for each expenditure category in paragraph (1) by (1) adding 100 to the applicable weighted percentage change as determined in paragraph (2) and (2) dividing the sum by 100. -(5) Determine the expenditure amounts for the current year by multiplying each expenditure amount determined for the prior year by the applicable category adjustment factor determined in paragraph (4). -(6) Determine the overall adjustment factor by dividing (1) the sum of the expenditure amounts as determined in paragraph (4) for the current year by (2) the sum of the expenditure amounts as determined in paragraph (4) for the prior year. -(b) The overall adjustment factor determined by the preceding computational steps shall be multiplied by the payment schedules established pursuant to Section 12200 as are in effect during the month of December preceding the calendar year in which the adjustments are to occur, and the product rounded to the nearest dollar. The resultant amounts shall constitute the new schedules for the categories given under subdivisions (a), (b), (c), (d), (e), (f), and (g) of Section 12200, and shall be filed with the Secretary of State. The amount as set forth in subdivision (h) of Section 12200 shall be adjusted annually pursuant to this section in the event that the secretary agrees to administer payment under that subdivision. The payment schedule for subdivision (i) of Section 12200 shall be computed as specified, based on the new payment schedules for subdivisions (a), (b), (c), and (d) of Section 12200. -(c) The department shall adjust any amounts of aid under this chapter to ensure that the minimum level required by the Social Security Act in order to maintain eligibility for funds under Title XIX of that act is met. -(d) (1) No adjustment shall be made under this section for the 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 2004, 2006, 2007, 2008, 2009, and 2010 calendar years to reflect any change in the cost of living. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of Section 12201.05, and no further reduction shall be made pursuant to that section. -(2) Any cost-of-living adjustment granted under this section for any calendar year shall not include adjustments for any calendar year in which the cost-of-living adjustment was suspended pursuant to paragraph (1). -(e) For the 2003 calendar year, the adjustment required by this section shall become effective June 1, 2003. -(f) For the 2005 calendar year, the adjustment required by this section shall become effective April 1, 2005. -(g) (1) For the 2011 calendar year to the 2017 calendar year, inclusive, no adjustment shall be made under this section unless otherwise specified by statute. -(2) Notwithstanding paragraph (1), the pass along of federal benefits provided for in Section 12201.05 shall be effective on January 1 of each calendar year.","Existing law provides for the State Supplementary Program for the Aged, Blind and Disabled (SSP), which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income (SSI) payments made available pursuant to the federal Social Security Act. -Under existing law, benefit payments under SSP are calculated by establishing the maximum level of nonexempt income and federal SSI and state SSP benefits for each category of eligible recipient. The state SSP payment is the amount required, when added to the nonexempt income and SSI benefits available to the recipient, to provide the maximum benefit payment. Existing law prohibits, for each calendar year, commencing with the 2011 calendar year, any cost-of-living adjustment from being made to the maximum benefit payment unless otherwise specified by statute, except for the pass along of any cost-of-living increase in the federal SSI benefits. Existing law continuously appropriates funds for the implementation of SSP. -This bill would reinstate the cost-of-living adjustment beginning January 1 of the 2018 calendar year. -By reinstating the cost-of-living adjustment, this bill would make an appropriation.","An act to amend Section 12201 of the Welfare and Institutions Code, relating to public social services, and making an appropriation therefor." -865,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 38755 is added to the Vehicle Code, to read: -38755. -(a) Notwithstanding Section 38750, the Contra Costa Transportation Authority is authorized to conduct a pilot project for the testing of autonomous vehicles that do not have a driver seated in the driver’s seat and are not equipped with a steering wheel, a brake pedal, or an accelerator provided the following requirements are met: -(1) The testing shall be conducted only at a privately owned business park designated by the authority, inclusive of public roads within the designated business park, and at GoMentum Station located within the boundaries of the former Concord Naval Weapons Station. -(2) The autonomous vehicle shall operate at speeds of less than 35 miles per hour. -(b) A change in ownership of the property comprising the GoMentum Station shall not affect the authorization to conduct testing pursuant to this section. -(c) Prior to the start of the testing of an autonomous vehicle that does not have a driver seated in the driver’s seat on or across a public road, the Contra Costa Transportation Authority or a private entity, or a combination of the two, shall do both of the following: -(1) Obtain an instrument of insurance, surety bond, or proof of self-insurance in an amount of five million dollars ($5,000,000), and shall provide evidence of the insurance, surety bond, or proof of self-insurance to the Department of Motor Vehicles in the form and manner required by the department. -(2) Submit a detailed description of the testing program to the department. The detailed description shall include all of the following: -(A) Certification that, prior to testing on public roads, the autonomous vehicle has been tested under controlled conditions that simulate, as closely as practicable, the real world conditions that the autonomous vehicle will be subject to during this pilot project, and that the Contra Costa Transportation Authority or a private entity, or a combination of the two, has made a reasonable determination that it is safe to operate the autonomous vehicle on public roads under these conditions. -(B) Evidence satisfactory to the department that the City of San Ramon and any other local authorities with jurisdiction over the public roads in the designated privately owned business park approve of the geographic area and environmental, traffic, and speed conditions authorized for purposes of this pilot project. -(C) Certification that the autonomous vehicle can only operate in autonomous mode in the geographic area and environmental, traffic, and speed conditions authorized in this specific pilot project. -(D) Certification that this pilot project complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, on the safe testing, deployment, and operation of autonomous vehicles. -(E) Certification that the autonomous vehicle used in the pilot project complies with all applicable federal Motor Vehicle Safety Standards, or written evidence that the National Highway Traffic Safety Administration either considers the absence of a steering wheel, a brake pedal, or an accelerator permissible under federal Motor Vehicle Safety Standards or has granted the autonomous vehicle an exemption from compliance with the relevant federal Motor Vehicle Safety Standards. -(F) Identify to the department the autonomous vehicles that are to be tested on public roads during this pilot project. For each vehicle, the manufacturer shall provide to the department the make, model, and model year of the vehicle, the full vehicle identification number, and the license plate number and the state of issuance. -(G) Certification that the vehicle is equipped with a communication link between the vehicle and a remote operator to provide information on the vehicle’s location and status and to allow two-way communication between the remote operator and any passengers if the vehicle experiences any failures that would endanger the safety of the vehicle’s passengers or other road users while operating without a driver. -(H) Certification that the autonomous vehicle is designed to detect and respond to roadway conditions in compliance with all provisions of this code and local regulations applicable to the operation of motor vehicles. -(I) A copy of a law enforcement interaction plan, which includes information that the Contra Costa Transportation Authority or a private entity, or a combination of the two, will provide to the law enforcement agencies whose jurisdiction covers the designated privately owned business park to instruct those agencies on how to interact with the vehicle in emergency and traffic enforcement situations. -(d) The operator of the autonomous vehicle technology tested pursuant to this section shall disclose to an individual who participates in the pilot project what personal information, if any, concerning the pilot project participant is collected by an autonomous vehicle. -(e) For the testing of autonomous vehicles within the designated business park, the department may require data collection for evaluating the safety of the vehicles, including, but not limited to, both of the following: -(1) A report to the department of any accident originating from the operation of the autonomous vehicle on a public road that resulted in the damage of property or in bodily injury or death. Accidents shall be reported within 10 days in the form and manner specified by the department pursuant to the regulations adopted by the department under Section 38750. -(2) The submission to the department of an annual report in the form and manner specified by the department pursuant to the regulations adopted under Section 38750 summarizing information on unplanned technology disengagements that occurred while the autonomous vehicle was being tested on public roads. “Disengagement” means a deactivation of the autonomous mode when a failure of the autonomous technology is detected or when the safe operation of the vehicle required disengagement from the autonomous mode. -(f) This section does not limit the authority of the department to promulgate regulations governing the testing and operation of autonomous vehicles on public roads, with or without the presence of a driver inside the vehicle, pursuant to Section 38750. -(g) It is the intent of the Legislature, in enacting the act that added this section, to address the specific circumstances of the pilot project proposed in the County of Contra Costa. Pursuant to Section 38750, the Department of Motor Vehicles is developing regulations for the testing and operation of autonomous vehicles, and it is not the intent of the Legislature to influence the content of those statewide regulations through the adoption of the act that added this section, which is only intended to govern the establishment of one local pilot project. -(h) This section shall remain in effect only until 180 days after the operative date of regulations promulgated by the department to allow testing of autonomous vehicles without a driver in the vehicle, on which date any testing of autonomous vehicles by the Contra Costa Transportation Authority shall conform to those regulations, and as of the January 1 following that date this section is repealed, unless a later enacted statute, that is enacted before that January 1, deletes or extends that date.","Existing law permits the operation of an autonomous vehicle on public roads for testing purposes if, among other requirements, a driver is seated in the driver’s seat and is capable of taking immediate manual control of the vehicle in the event of an autonomous technology failure or other emergency. -This bill would, notwithstanding the above provision, until 180 days after the operative date of regulations promulgated by the Department of Motor Vehicles to allow testing of autonomous vehicles without a driver in the vehicle, authorize the Contra Costa Transportation Authority to conduct a pilot project for the testing of autonomous vehicles that do not have a driver seated in the driver’s seat and are not equipped with a steering wheel, a brake pedal, or an accelerator if the testing is conducted only at specified locations and the autonomous vehicle operates at speeds of less than 35 miles per hour. The bill would require the authority or a private entity, or a combination of the 2, to obtain an instrument of insurance, surety bond, or proof of self-insurance in an amount of $5,000,000 prior to the start of testing of any autonomous vehicle on or across a public road and would require evidence of the insurance, surety bond, or proof of self-insurance to be provided to the Department of Motor Vehicles in the form and manner required by the department. The bill would require the authority or a private entity, or a combination of the 2, to provide the department with a detailed description of the testing program, as specified. The bill would require the operator of the autonomous vehicle technology to disclose what personal information concerning a pilot project participant is collected by an autonomous vehicle. The bill would allow the department to require data collection for evaluating the safety of the vehicles, as provided.","An act to add and repeal Section 38755 of the Vehicle Code, relating to autonomous vehicles." -866,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7597.1 of the Government Code is repealed. -SEC. 2. -Section 7597.1 is added to the Government Code, to read: -7597.1. -(a) Notwithstanding any other law, beginning January 1, 2018, a person shall not smoke or use a tobacco product on a campus of the California State University or the California Community Colleges. -(b) The Trustees of the California State University and the governing board of each community college district may do all of the following: -(1) Set standards for the enforcement of the prohibition set forth in subdivision (a) for the campuses within their respective jurisdictions and inform employees and students at that campus about those standards. -(2) Conduct a positive educational campaign to increase the awareness of a tobacco- and smoke-free policy. -(3) (A) Following compliance with paragraphs (1) and (2) of subdivision (b) and after January 1, 2018, with respect to a violation of the prohibition set forth in subdivision (a), impose a fine, not to exceed twenty-five dollars ($25) for the first offense, fifty dollars ($50) for the second offense, and one hundred dollars ($100) for the third offense and subsequent offenses. The amount of the fine imposed under this paragraph shall be determined by the Trustees of the California State University or the governing board of the affected community college district, as appropriate. -(B) The proceeds of the fines imposed under this paragraph shall be allocated for purposes to include, but not necessarily be limited to, support of the educational operations of the campus on which the violation occurs, education about and promotion of the policy implemented by this section, and tobacco use cessation treatment options for students of that campus. -(C) Each college or university may implement policies and procedures, including possible assistance from campus law enforcement, for collecting and processing fines imposed under this paragraph. -(D) If a campus adopts the enforcement and fine measures under this paragraph, it shall, and the campuses of the University of California may, post signs stating the campus tobacco use policy in any locations that were specifically designated for smoking or tobacco use before the prohibition set forth in subdivision (a) took effect. -(E) A fine shall not be imposed under this paragraph unless and until an educational campaign conducted pursuant to paragraph (2) fails to result in substantial compliance with the prohibition set forth in subdivision (a). -(c) The Regents of the University of California are encouraged to adopt and enforce new, or continue to enforce existing, policies substantially similar to subdivisions (a) and (b). -(d) For purposes of this section, the following definitions apply: -(1) “Smoke” or “smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoke” or “smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. -(2) (A) “Tobacco product” means any of the following: -(i) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. -(ii) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. -(iii) Any component, part, or accessory of a tobacco product, whether or not sold separately. -(B) “Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose. -(e) The governing bodies of the California State University or a community college district may continue and enforce a tobacco use policy adopted before January 1, 2017, until the prohibition set forth in subdivision (a) takes effect. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes the University of California, under the administration of the Regents of the University of California; the California State University, under the administration of the Trustees of the California State University; and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the segments of public postsecondary education in this state. -Existing law prohibits public employees or members of the public from smoking any tobacco product inside a public building or in a nearby outdoor area, as specified. Existing law also provides that the governing bodies of the California State University and each community college district have the authority to set enforcement standards relating to smoking on their campuses and to enforce these requirements by citation and fine, as specified. Existing law also authorizes the Trustees of the California State University to establish rules and regulations for the government and maintenance of the buildings and grounds of the university, and provides that a violation or attempted violation of these rules and regulations is a misdemeanor. -This bill would, beginning January 1, 2018, prohibit smoking, including the use of an electronic smoking device, and the use of a tobacco product on a campus of the California State University or the California Community Colleges. The bill would authorize the governing bodies of the California State University and each community college district to set standards for the enforcement of that prohibition and to conduct a positive educational campaign to increase the awareness of a tobacco- and smoke-free policy. The bill would authorize the enforcement of this prohibition by a fine, not to exceed $25 for the first offense, $50 for the 2nd offense, and $100 for the 3rd and subsequent offenses, as specified. The bill would require the proceeds of the fine to be allocated for purposes including support of the educational operations of the campus on which the violation occurs, education about and promotion of the policy implemented by the bill, and tobacco use cessation treatment options for students of that campus. -To the extent that these provisions would impose new duties on community college districts, and extend the scope of activities on the buildings and grounds of the California State University that could be charged as misdemeanors, they would constitute a state-mandated local program. -This bill would encourage the Regents of the University of California to adopt and enforce new, or continue to enforce existing, policies substantially similar to those described above. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to repeal and add Section 7597.1 of the Government Code, relating to public postsecondary education." -867,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14169.53 of the Welfare and Institutions Code is amended to read: -14169.53. -(a) (1) All fees required to be paid to the state pursuant to this article shall be paid in the form of remittances payable to the department. -(2) The department shall directly transmit the fee payments to the Treasurer to be deposited in the fund. Notwithstanding Section 16305.7 of the Government Code, any interest and dividends earned on deposits in the fund from the proceeds of the fee assessed pursuant to this article shall be retained in the fund for purposes specified in subdivision (b). -(b) (1) Notwithstanding subdivision (c) of Section 14167.35, subdivision (b) of Section 14168.33, and subdivision (b) of Section 14169.33, all funds from the proceeds of the fee assessed pursuant to this article in the fund, together with any interest and dividends earned on money in the fund, shall continue to be used exclusively to enhance federal financial participation for hospital services under the Medi-Cal program, to provide additional reimbursement to, and to support quality improvement efforts of, hospitals, and to minimize uncompensated care provided by hospitals to uninsured patients, as well as to pay for the state’s administrative costs and to provide funding for children’s health coverage, in the following order of priority: -(A) To pay for the department’s staffing and administrative costs directly attributable to implementing this article, not to exceed two hundred fifty thousand dollars ($250,000) for each subject fiscal quarter, exclusive of any federal matching funds. -(B) To pay for the health care coverage, as described in subdivision (g), except that for the two subject fiscal quarters in the 2013–14 fiscal year, the amount for children’s health care coverage shall be one hundred fifty-five million dollars ($155,000,000) for each subject fiscal quarter, exclusive of any federal matching funds. -(C) To make increased capitation payments to managed health care plans pursuant to this article and Section 14169.82, including the nonfederal share of capitation payments to managed health care plans pursuant to this article and Section 14169.82 for services provided to individuals who meet the eligibility requirements in Section 1902(a)(10)(A)(i)(VIII) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396a(a)(10)(A)(i)(VIII)), and who meet the conditions described in Section 1905(y) of the federal Social Security Act (42 U.S.C. Sec. 1396d(y)). -(D) To make increased payments and direct grants to hospitals pursuant to this article and Section 14169.83, including the nonfederal share of payments to hospitals under this article and Section 14169.83 for services provided to individuals who meet the eligibility requirements in Section 1902(a)(10)(A)(i)(VIII) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396a(a)(10)(A)(i)(VIII)), and who meet the conditions described in Section 1905(y) of the federal Social Security Act (42 U.S.C. Sec. 1396d(y)). -(2) Notwithstanding subdivision (c) of Section 14167.35, subdivision (b) of Section 14168.33, and subdivision (b) of Section 14169.33, and notwithstanding Section 13340 of the Government Code, the moneys in the fund shall be continuously appropriated during the first program period only, without regard to fiscal year, for the purposes of this article, Article 5.229 (commencing with Section 14169.31), Article 5.228 (commencing with Section 14169.1), Article 5.227 (commencing with Section 14168.31), former Article 5.226 (commencing with Section 14168.1), former Article 5.22 (commencing with Section 14167.31), and former Article 5.21 (commencing with Section 14167.1). -(3) Notwithstanding any other law, for the second program period and subsequent program periods, the moneys in the fund shall be continuously appropriated, without regard to fiscal year, for the purposes of this article and Sections 14169.82 and 14169.83. -(c) Any amounts of the quality assurance fee collected in excess of the funds required to implement subdivision (b), including any funds recovered under subdivision (d) of Section 14169.61, shall be refunded to general acute care hospitals, pro rata with the amount of quality assurance fee paid by the hospital, subject to the limitations of federal law. If federal rules prohibit the refund described in this subdivision, the excess funds shall be used as quality assurance fees for the next program period for general acute care hospitals, pro rata with the amount of quality assurance fees paid by the hospital for the program period. -(d) Any methodology or other provision specified in this article may be modified by the department, in consultation with the hospital community, to the extent necessary to meet the requirements of federal law or regulations to obtain federal approval or to enhance the probability that federal approval can be obtained, provided the modifications do not violate the spirit, purposes, and intent of this article and are not inconsistent with the conditions of implementation set forth in Section 14169.72. The department shall notify the Joint Legislative Budget Committee and the fiscal and appropriate policy committees of the Legislature 30 days prior to implementation of a modification pursuant to this subdivision. -(e) The department, in consultation with the hospital community, shall make adjustments, as necessary, to the amounts calculated pursuant to Section 14169.52 in order to ensure compliance with the federal requirements set forth in Section 433.68 of Title 42 of the Code of Federal Regulations or elsewhere in federal law. -(f) The department shall request approval from the federal Centers for Medicare and Medicaid Services for the implementation of this article. In making this request, the department shall seek specific approval from the federal Centers for Medicare and Medicaid Services to exempt providers identified in this article as exempt from the fees specified, including the submission, as may be necessary, of a request for waiver of the broad-based requirement, waiver of the uniform fee requirement, or both, pursuant to paragraphs (1) and (2) of subdivision (e) of Section 433.68 of Title 42 of the Code of Federal Regulations. -(g) (1) For purposes of this subdivision, the following definitions shall apply: -(A) “Actual net benefit” means the net benefit determined by the department for a net benefit period after the conclusion of the net benefit period using payments and grants actually made, and fees actually collected, for the net benefit period. -(B) “Aggregate fees” means the aggregate fees collected from hospitals under this article. -(C) “Aggregate payments” means the aggregate payments and grants made directly or indirectly to hospitals under this article, including payments and grants described in Sections 14169.54, 14169.55, 14169.57, and 14169.58, and subdivision (b) of Section 14169.82. -(D) “Net benefit” means the aggregate payments for a net benefit period minus the aggregate fees for the net benefit period. -(E) “Net benefit period” means a subject fiscal year or portion thereof that is in a program period and begins on or after July 1, 2014. -(F) “Preliminary net benefit” means the net benefit determined by the department for a net benefit period prior to the beginning of that net benefit period using estimated or projected data. -(2) The amount of funding provided for children’s health care coverage under subdivision (b) for a net benefit period shall be equal to 24 percent of the net benefit for that net benefit period. -(3) The department shall determine the preliminary net benefit for all net benefit periods in the first program period before July 1, 2014. The department shall determine the preliminary net benefit for all net benefit periods in a subsequent program period before the beginning of the program period. -(4) The department shall determine the actual net benefit and make the reconciliation described in paragraph (5) for each net benefit period within six months after the date determined by the department pursuant to subdivision (h). -(5) For each net benefit period, the department shall reconcile the amount of moneys in the fund used for children’s health coverage based on the preliminary net benefit with the amount of the fund that may be used for children’s health coverage under this subdivision based on the actual net benefit. For each net benefit period, any amounts that were in the fund and used for children’s health coverage in excess of the 24 percent of the actual net benefit shall be returned to the fund, and the amount, if any, by which 24 percent of the actual net benefit exceeds 24 percent of the preliminary net benefit shall be available from the fund to the department for children’s health coverage. The department shall notify the Joint Legislative Budget Committee and the fiscal and appropriate policy committees of the Legislature of the results of the reconciliation for each net benefit period pursuant to this paragraph within five working days of performing the reconciliation. -(6) The department shall make all calculations and reconciliations required by this subdivision in consultation with the hospital community using data that the department determines is the best data reasonably available. -(h) After consultation with the hospital community, the department shall determine a date upon which substantially all fees have been paid and substantially all supplemental payments, grants, and rate range increases have been made for a program period, which date shall be no later than two years after the end of a program period. After the date determined by the department pursuant to this subdivision, no further supplemental payments shall be made under the program period, and any fees collected with respect to the program period shall be used for a subsequent program period consistent with this section. Nothing in this subdivision shall affect the department’s authority to collect quality assurance fees for a program period after the end of the program period or after the date determined by the department pursuant to this subdivision. The department shall notify the Joint Legislative Budget Committee and fiscal and appropriate policy committees of that date within five working days of the determination. -(i) Use of the fee proceeds to enhance federal financial participation pursuant to subdivision (b) shall include use of the proceeds to supply the nonfederal share, if any, of payments to hospitals under this article for services provided to individuals who meet the eligibility requirements in Section 1902(a)(10)(A)(i)(VIII) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396a(a)(10)(A)(i)(VIII)), and who meet the conditions described in Section 1905(y) of the federal Social Security Act (42 U.S.C. Sec. 1396d(y)) such that expenditures for services provided to the individual are eligible for the enhanced federal medical assistance percentage described in that section. -SEC. 2. -Section 14169.75 of the Welfare and Institutions Code is amended to read: -14169.75. -Notwithstanding Section 14169.72, this article shall become inoperative on January 1, 2018. A hospital shall not be required to pay the fee after that date unless the fee was owed during the period in which the article was operative, and payments authorized under Section 14169.53 shall not be made unless the payments were owed during the period in which the article was operative. -SEC. 3. -This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to provide continued health care coverage for Californians at the earliest possible time, it is necessary that this bill take effect immediately.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, subject to federal approval, imposes a hospital quality assurance fee, as specified, on certain general acute care hospitals to be deposited into the Hospital Quality Assurance Revenue Fund. Existing law provides that moneys in the Hospital Quality Assurance Revenue Fund are continuously appropriated during the first program period of January 1, 2014, to December 31, 2016, inclusive, and available only for certain purposes, including paying for health care coverage for children, as specified, and making supplemental payments for certain services to private hospitals and increased capitation payments to Medi-Cal managed care plans. For subsequent program periods, existing law requires that the moneys in the Hospital Quality Assurance Revenue Fund be used for the above-described purposes upon appropriation by the Legislature in the annual Budget Act. Existing law provides that these provisions are inoperative on January 1, 2017, and that a hospital is not required to pay the hospital quality assurance fee after that date, as specified. -This bill would extend the operation of these provisions to January 1, 2018. The bill would instead, for the second program period and subsequent program periods, require moneys in the Hospital Quality Assurance Revenue Fund to be continuously appropriated, thereby making an appropriation, for the above-described purposes. -This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 14169.53 and 14169.75 of the Welfare and Institutions Code, relating to Medi-Cal, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately, bill related to the budget." -868,"The people of the State of California do enact as follows: - - -SECTION 1. -Item 0521-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read: -0521-101-3228—For local assistance, Secretary of Transportation, payable from the Greenhouse Gas Reduction Fund ........................ -135,000,000 -Schedule: -(1) -0276-Transit and Intercity Rail Capital Program ........................ -135,000,000 -Provisions: -1. -The funds appropriated in this item shall be available for allocation by the California Transportation Commission until June 30, 2018, and shall be available for encumbrance and liquidation until June 30, 2022. -SEC. 2. -Item 0540-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read: -0540-101-3228—For local assistance, Secretary of the Natural Resources Agency, payable from the Greenhouse Gas Reduction Fund ........................ -80,000,000 -Schedule: -(1) -0320-Administration of Natural Resources Agency ........................ -80,000,000 -Provisions: -1. -The funds appropriated in this item shall be used for urban greening programs. -2. -The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance and shall be available for liquidation until June 30, 2020. Not more than five percent of the amount appropriated in this item may be used for the administrative costs of the urban greening programs. -SEC. 3. -Item 0650-002-3228 is added to Section 2.00 of the Budget Act of 2016, to read: -0650-002-3228—For support of Office of Planning and Research, payable from the Greenhouse Gas Reduction Fund ........................ -2,000,000 -Schedule: -(1) -0370-Strategic Growth Council ........................ -2,000,000 -Provisions: -1. -The funds appropriated in this item shall be available to provide technical assistance to disadvantaged communities. -SEC. 4. -Item 0650-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read: -0650-101-3228— For local assistance, Office of Planning and Research, payable from the Greenhouse Gas Reduction Fund ........................ -140,000,000 -Schedule: -(1) -0370-Strategic Growth Council ........................ -140,000,000 -Provisions: -1. -The funds appropriated in this item shall be used for the Transformative Climate Communities Program described in Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code. This provision shall become operative only if Assembly Bill 2722 of the 2015–16 Regular Session is enacted and becomes operative. -2. -The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2019, for support or local assistance and shall be available for liquidation until June 30, 2021. Not more than five percent of the amount appropriated in this item may be used for administrative costs. -SEC. 5. -Item 0650-490 is added to Section 2.00 of the Budget Act of 2016, to read: -0650-490—Reappropriation, Office of Planning and Research. The balance of the appropriation provided in the following citation is reappropriated for the purposes provided for in that appropriation. Notwithstanding Section 16304.1 of the Government Code, the funds shall be available for liquidation of encumbrances until June 30, 2020. -3228—Greenhouse Gas Reduction Fund -(1) -Item 0650-101-3228, Budget Act of 2014 (Chs. 25 and 663, Stats. 2014) -SEC. 6. -Item 2240-491 is added to Section 2.00 of the Budget Act of 2016, to read: -2240-491—Reappropriation, Department of Housing and Community Development. The funds appropriated in the following citation that were encumbered as of June 29, 2016, but that were not liquidated on or before June 30, 2016, are reappropriated and encumbered for the same purposes that the funds were encumbered for as of June 29, 2016. Notwithstanding Section 16304.1 of the Government Code, the funds shall be available for liquidation of encumbrances until June 30, 2018. -6038—Building Equity and Growth in Neighborhoods (BEGIN) Fund -(1) -Item 2240-101-6038, Budget Act of 2011 (Ch. 33, Stats. 2011) -SEC. 7. -Item 2660-108-3228 is added to Section 2.00 of the Budget Act of 2016, to read: -2660-108-3228—For local assistance, Department of Transportation, Active Transportation Program (ATP), payable from the Greenhouse Gas Reduction Fund ........................ -10,000,000 -Schedule: -(1) -1835020-Local Assistance ........................ -10,000,000 -Provisions: -1. -The funds appropriated in this item shall be available for allocation by the California Transportation Commission until June 30, 2018, and shall be available for encumbrance and liquidation until June 30, 2020. -SEC. 8. -Item 3340-001-0318 of Section 2.00 of the Budget Act of 2016 is amended to read: -3340-001-0318—For support of California Conservation Corps, payable from the Collins-Dugan California Conservation Corps Reimbursement Account ........................ -40,706,000 -Schedule: -(1) -2360-Training and Work Program ........................ -40,706,000 -(2) -9900100-Administration ........................ -6,042,000 -(3) -9900200-Administration—Distributed ........................ -−6,042,000 -Provisions: -1. -Notwithstanding Section 14316 of the Public Resources Code, the Department of Finance may make a loan from the General Fund to the Collins-Dugan California Conservation Corps Reimbursement Account in the amount of 25 percent of the reimbursements anticipated in the Collins-Dugan California Conservation Corps Reimbursement Account, not to exceed an aggregate total of $7,300,000, to meet cashflow needs from delays in collecting reimbursements. Any loan made by the Department of Finance pursuant to this provision shall only be made if the California Conservation Corps has a valid contract or certification signed by the client agency that demonstrates that sufficient funds will be available to repay the loan. All moneys so transferred shall be repaid to the General Fund as soon as possible, but not later than one year from the date of the loan. -2. -Notwithstanding Section 28.50, the Department of Finance may augment this item to reflect increases in reimbursements to the Collins-Dugan California Conservation Corps Reimbursement Account received from another officer, department, division, bureau, or other agency of the state that has requested services from the California Conservation Corps. Any augmentation that is deemed to be necessary on a permanent basis shall be submitted for review as a part of the regular budget process. -3. -Notwithstanding Section 28.00, the Department of Finance may augment this item to reflect increases in reimbursements to the Collins-Dugan California Conservation Corps Reimbursement Account received from a local government, the federal government, or nonprofit organizations requesting emergency services from the California Conservation Corps after it has notified the Legislature through a letter to the Joint Legislative Budget Committee. Any augmentation that is deemed to be necessary on a permanent basis shall be submitted for review as a part of the regular budget process. -4. -Of the amount provided in this item, $3,000,000 is from the Department of Forestry and Fire Protection and shall be available for forest health projects targeting the highest fire risk areas of the state. -SEC. 9. -Item 3540-001-3228 is added to Section 2.00 of the Budget Act of 2016, to read: -3540-001-3228— For support of Department of Forestry and Fire Protection, payable from the Greenhouse Gas Reduction Fund ........................ -40,000,000 -Schedule: -(1) -2470-Resource Management ........................ -40,000,000 -Provisions: -1. -Of the amount appropriated in this item, $25,000,000 shall be available for healthy forest programs, including fuels treatment, pest and diseased tree removal, and long-term protection of forested lands. Of the amount dedicated to healthy forests programs, $3,000,000 shall be used to partner with the California Conservation Corps for forest health projects targeting the highest fire risk areas of the state. -2. -Of the amount appropriated in this item, $15,000,000 shall be available for urban forestry programs. -3. -The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance and shall be available for liquidation until June 30, 2020. -SEC. 10. -Item 3900-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read: -3900-101-3228—For local assistance, State Air Resources Board, payable from the Greenhouse Gas Reduction Fund ........................ -368,000,000 -Schedule: -(1) -3510-Climate Change ........................ -368,000,000 -Provisions: -1. -Of the amount appropriated in this item, $133,000,000 shall be used for the Clean Vehicle Rebate Project. -2. -Of the amount appropriated in this item, $80,000,000 shall be used for the Enhanced Fleet Modernization Program and Plus-Up Pilot Project. Of the $80,000,000, up to $20,000,000 may be used for other light-duty equity pilot projects authorized pursuant to Chapter 530 of the Statutes of 2014 (SB 1275). -3. -Of the amount appropriated in this item, $150,000,000 shall be used for heavy duty vehicles and off-road equipment investments. -4. -Of the amount appropriated in this item, $5,000,000 shall be used for black carbon woodsmoke programs. -5. -The funds appropriated in this item shall be available for encumbrance until June 30, 2018, and shall be available for liquidation of encumbrances until June 30, 2020. -SEC. 11. -Item 3970-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read: -3970-101-3228— For local assistance, Department of Resources Recycling and Recovery, payable from the Greenhouse Gas Reduction Fund ........................ -40,000,000 -Schedule: -(1) -3700-Waste Reduction and Management ........................ -40,000,000 -Provisions: -1. -Of the amount appropriated in this item, $40,000,000 shall be used for Waste Diversion and Greenhouse Gas Reduction Financial Assistance programs as specified in Section 42999 of the Public Resources Code. -2. -The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance and shall be available for liquidation until June 30, 2020. Not more than five percent of the amount appropriated in this item may be used for the administrative costs of Waste Diversion and Greenhouse Gas Reduction Financial Assistance programs as specified in Section 42999 of the Public Resources Code. -3. -This appropriation shall become operative only if Senate Bill 1383 of the 2015–16 Regular Session is enacted and becomes operative. -SEC. 12. -Item 4700-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read: -4700-101-3228—For local assistance, Department of Community Services and Development, for weatherization and renewable energy projects, payable from the Greenhouse Gas Reduction Fund ........................ -20,000,000 -Schedule: -(1) -4180-Energy Programs ........................ -20,000,000 -Provisions: -1. -The funds appropriated in this item shall be available for low-income weatherization programs. -2. -The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance, and shall be available for liquidation until June 30, 2020. Not more than five percent of the amount appropriated in this item may be used for the administrative costs of low-income weatherization programs. -SEC. 13. -Item 8570-101-3228 is added to Section 2.00 of the Budget Act of 2016, to read: -8570-101-3228— For local assistance, Department of Food and Agriculture, payable from the Greenhouse Gas Reduction Fund ........................ -65,000,000 -Schedule: -(1) -6590-General Agricultural Activities ........................ -65,000,000 -Provisions: -1. -Of the amount appropriated in this item, $50,000,000 shall be used for early and extra methane emissions reductions from dairy and livestock operations. This provision shall become operative only if Senate Bill 1383 of the 2015–16 Regular Session is enacted and becomes operative. -2. -Of the amount appropriated in this item, $7,500,000 shall be used for the Healthy Soils Program, including no-till and compost applications. -3. -Of the amount appropriated in this item, $7,500,000 shall be available for the State Water Efficiency and Enhancement Program. -4. -The funds appropriated in this item shall be available for encumbrance and expenditure until June 30, 2018, for support or local assistance and shall be available for liquidation until June 30, 2020. Not more than ten percent of the amount appropriated in this item may be used for the administrative costs. -SEC. 14. -Section 39.00 of the Budget Act of 2016 is amended to read: -SEC. 39.00. -The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 1600, AB 1601, AB 1602, AB 1603, AB 1604, AB 1605, AB 1606, AB 1607, AB 1608, AB 1609, AB 1610, AB 1611, AB 1612, AB 1614, AB 1615, AB 1616, AB 1617, AB 1618, AB 1619, AB 1620, AB 1621, AB 1624, AB 1625, AB 1626, AB 1627, AB 1628, AB 1629, AB 1630, AB 1632, AB 1633, AB 1634, AB 1635, AB 1636, SB 828, SB 829, SB 831, SB 832, SB 833, SB 834, SB 835, SB 836, SB 837, SB 838, SB 839, SB 840, SB 841, SB 842, SB 843, SB 844, SB 845, SB 846, SB 847, SB 848, SB 849, SB 850, SB 851, SB 852, SB 854, SB 855 SB 856, SB 857, SB 858, SB 859, SB 860, SB 861, SB 862, SB 863, SB 864, and SB 865. -SEC. 15. -This act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately.","The Budget Act of 2016 made appropriations for the support of state government for the 2016–17 fiscal year. -This bill would amend the Budget Act of 2016 by amending and adding items of appropriation and making other changes. -This bill would declare that it is to take effect immediately as a Budget Bill.","An act to amend the Budget Act of 2016 (Chapter 23 of the Statutes of 2016) by amending Item 3340-001-0318 of, and adding Items 0521-101-3228, 0540-101-3228, 0650-002-3228, 0650-101-3228, 0650-490, 2240-491, 2660-108-3228, 3540-001-3228, 3900-101-3228, 3970-101-3228, 4700-101-3228, 8570-101-3228 to, Section 2.00 of, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill." -869,"The people of the State of California do enact as follows: - - -SECTION 1. -Item 2240-101-6082 of Section 2.00 of the Budget Act of 2016 is amended to read: -2240-101-6082—For local assistance, Department of Housing and Community Development, payable from the Housing for Veterans Fund ........................ -75,000,000 -Schedule: -(1) -1665-Financial Assistance Program ........................ -75,000,000 -Provisions: -1. -The Director of Finance may authorize an increase in this appropriation, up to the total amount of proceeds available pursuant to the Veterans Housing and Homeless Prevention Bond Act of 2014. Any approved increase shall correspond to the level of awards anticipated by the Department of Housing and Community Development. An approval of an augmentation may be authorized not sooner than 30 days after notification is provided in writing to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations. -2. -Notwithstanding Section 16304.1 of the Government Code, funds appropriated in this item shall be available for liquidation of encumbrances until June 30, 2022. The Director of Finance may authorize an extension of the liquidation period if it is determined that an extension is needed to facilitate a project’s completion. An approval may be authorized not sooner than 30 days after notification is provided in writing to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations. -3. -Of the funds appropriated in this item, $10,000,000 shall be made available by the Department of Housing and Community Development, in consultation with the Department of Veterans Affairs, for loans to counties or private nonprofit organizations, or both, for the construction or rehabilitation of transitional housing or shelter facilitates that provide services for homeless veterans. The Department of Housing and Community Development shall include in the guidelines priority for applicants that demonstrate need and focus on long-term solutions, including funding for mental health and addiction treatment services, as well as having proven long-term effectiveness. -SEC. 2. -Item 2240-105-0001 of Section 2.00 of the Budget Act of 2016 is amended to read: -2240-105-0001—For transfer by the Controller to the Emergency Housing and Assistance Fund ........................ -45,000,000 -Provisions: -1. -The funds transferred by this item shall be used for support costs and local assistance associated with administering the California Emergency Solutions Grant Program as set forth in Chapter 19 (commencing with Section 50899.1) of Part 2 of Division 31 of the Health and Safety Code. -2. -Of the funds appropriated in this item, $10,000,000 shall be made available to the Office of Emergency Services for the Homeless Youth Emergency Service Pilot Projects as set forth in Chapter 6 (commencing with Section 13700) of Part 3 of Division 9 of the Welfare and Institutions Code to fund new pilot projects over five years for the County of Orange, the County of Fresno, the County of San Bernardino, and the County of El Dorado. -SEC. 3. -Item 4260-001-3085 of Section 2.00 of the Budget Act of 2016 is amended to read: -4260-001-3085—For support of Department of Health Care Services, payable from the Mental Health Services Fund ........................ -13,620,000 -Schedule: -(1) -3960-Health Care Services ........................ -13,620,000 -Provisions: -1. -Funds appropriated in this item are in lieu of the amounts that otherwise would have been appropriated for administration pursuant to subdivision (d) of Section 5892 of the Welfare and Institutions Code. -2. -Of the funds appropriated in this item, $4,000,000 is available for encumbrance or expenditure until June 30, 2019, to support suicide hotlines throughout the state only if the Department of Finance determines that funds are available from the amounts allocated for state administration of the Mental Health Services Fund pursuant to subdivision (d) of Section 5892 of the Welfare and Institutions Code. These funds shall not be released sooner than 30 days after the Department of Finance provides notification of the availability of funds in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees in each house of the Legislature that consider the State Budget, and the Chairperson of the Joint Legislative Budget Committee. -SEC. 4. -Section 39.00 of the Budget Act of 2016 is amended to read: -SEC. 39.00. -The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 1600, AB 1601, AB 1602, AB 1603, AB 1604, AB 1605, AB 1606, AB 1607, AB 1608, AB 1609, AB 1610, AB 1611, AB 1612, AB 1613, AB 1614, AB 1615, AB 1616, AB 1617, AB 1618, AB 1619, AB 1620, AB 1621, AB 1623, SB 828, SB 829, SB 830, SB 831, SB 832, SB 833, SB 834, SB 835, SB 836, SB 837, SB 838, SB 839, SB 840, SB 841, SB 842, SB 843, SB 844, SB 845, SB 846, SB 847, SB 848, SB 849, SB 850, SB 851, and SB 852. -SEC. 5. -This act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately.","The Budget Act of 2016 made appropriations for the support of state government for the 2016–17 fiscal year. -This bill would amend the Budget Act of 2016 by revising items of appropriation and making other changes. -This bill would declare that it is to take effect immediately as a Budget Bill.","An act to amend the Budget Act of 2016 by amending Items 2240-101-6082, 2240-105-0001, and 4260-001-3085 of Section 2.00 of, and Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill." -870,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 905.2 of the Government Code is amended to read: -905.2. -(a) This section shall apply to claims against the state filed with the Department of General Services except as provided in subparagraph (B) of paragraph (2) of subdivision (b). -(b) There shall be presented in accordance with this chapter and Chapter 2 (commencing with Section 910) all claims for money or damages against the state: -(1) For which no appropriation has been made or for which no fund is available but the settlement of which has been provided for by statute or constitutional provision. -(2) (A) For which the appropriation made or fund designated is exhausted. -(B) Claims for reissuance of stale, dated, or replacement warrants shall be filed with the state entity that originally issued the warrant and, if allowed, shall be paid from the issuing entity’s current appropriation. -(3) For money or damages on express contract, or for an injury for which the state is liable. -(4) For which settlement is not otherwise provided for by statute or constitutional provision. -(c) Claimants shall pay a filing fee of twenty-five dollars ($25) for filing a claim described in subdivision (b), except for claims for reissuance of stale, dated, or replacement warrants as described in subparagraph (B) of paragraph (2) of subdivision (b). This fee shall be deposited into the Service Revolving Fund and shall only be available for the support of the Department of General Services upon appropriation by the Legislature. -(1) The fee shall not apply to the following persons: -(A) Persons who are receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplementary Payment (SSP) programs (Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code), the federal Supplemental Nutrition Assistance Program (SNAP; 7 U.S.C. Sec. 2011 et seq.), or Section 17000 of the Welfare and Institutions Code. -(B) Persons whose monthly income is 125 percent or less of the current monthly poverty line annually established by the Secretary of California Health and Human Services pursuant to the federal Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), as amended. -(C) Persons who are sentenced to imprisonment in a state prison or confined in a county jail, or who are residents in a state institution and, within 90 days prior to the date the claim is filed, have a balance of one hundred dollars ($100) or less credited to the inmate’s or resident’s trust account. A certified copy of the statement of the account shall be submitted. -(2) Any claimant who requests a fee waiver shall attach to the application a signed affidavit requesting the waiver and verification of benefits or income and any other required financial information in support of the request for the waiver. -(3) Notwithstanding any other law, an applicant shall not be entitled to a hearing regarding the denial of a request for a fee waiver. -(d) The time for the Department of General Services to determine the sufficiency, timeliness, or any other aspect of the claim shall begin when any of the following occur: -(1) The claim is submitted with the filing fee. -(2) The fee waiver is granted. -(3) The filing fee is paid to the department upon the department’s denial of the fee waiver request, so long as payment is received within 10 calendar days of the mailing of the notice of the denial. -(e) Upon approval of the claim by the Department of General Services, the fee shall be reimbursed to the claimant, except that no fee shall be reimbursed if the approved claim was for the payment of an expired warrant. Reimbursement of the filing fee shall be paid by the state entity against which the approved claim was filed. If the claimant was granted a fee waiver pursuant to this section, the amount of the fee shall be paid by the state entity to the department. The reimbursement to the claimant or the payment to the department shall be made at the time the claim is paid by the state entity, or shall be added to the amount appropriated for the claim in an equity claims bill. -(f) The Department of General Services may assess a surcharge to the state entity against which the approved claim was filed in an amount not to exceed 15 percent of the total approved claim. The department shall not include the refunded filing fee in the surcharge calculation. This surcharge shall be deposited into the Service Revolving Fund and may be appropriated in support of the department in the annual Budget Act. -(1) The surcharge shall not apply to approved claims to reissue expired warrants. -(2) Upon the request of the department in a form prescribed by the Controller, the Controller shall transfer the fees from the state entity’s appropriation to the appropriation for the support of the department. However, the department shall not request an amount that shall be submitted for legislative approval pursuant to Section 14659.10. -(g) The filing fee required by subdivision (c) shall apply to all claims filed after June 30, 2004, or the effective date of this statute. The surcharge authorized by subdivision (f) may be calculated and included in claims paid after June 30, 2004, or the effective date of the statute adding this subdivision. -(h) This section shall not apply to claims made for a violation of the California Whistleblower Protection Act (Article 3 (commencing with Section 8547) of Chapter 6.5 of Division 1 of Title 2). -SEC. 2. -Section 8590.6 of the Government Code is amended to read: -8590.6. -For the purposes of this article: -(a) “Comprehensive services” means primary services that include all of the following: -(1) Shelter or established referral services for shelter on a 24 hours a day, seven days a week, basis. -(2) A 24 hours a day, seven days a week, telephone hotline for crisis calls. -(3) Temporary housing and food facilities. -(4) Psychological support and peer counseling provided in accordance with Section 1038.2 of the Evidence Code. -(5) Referrals to existing services in the community. -(6) Emergency transportation, as feasible. -(b) “Director” means the Director of the Office of Emergency Services. -(c) “Fund” means the Human Trafficking Victims Assistance Fund. -(d) “Human trafficking caseworker” means a human trafficking caseworker as defined in Section 1038.2 of the Evidence Code, or a human trafficking caseworker who is employed by a homeless services provider that serves homeless children or youth and has completed a minimum of eight hours of training focused on victims of human trafficking from the Runaway and Homeless Youth Training and Technical Assistance Center. -(e) “Office” means the Office of Emergency Services. -(f) “Qualified nonprofit organization” means a nongovernmental, nonprofit organization that does both of the following: -(1) Employs a minimum of one individual who is a human trafficking caseworker. -(2) Provides services to victims of human trafficking, including, but not limited to, housing assistance, counseling services, and social services to victims of human trafficking. -(g) “Victim of human trafficking” means any person who is a trafficking victim as described in Section 236.1 of the Penal Code and satisfies either of the following conditions: -(1) Was trafficked in the state. -(2) Fled his or her trafficker to the state. -SEC. 3. -Section 15820.946 of the Government Code is amended to read: -15820.946. -(a) The participating county contribution for adult local criminal justice facilities financed under this chapter shall be a minimum of 10 percent of the total project costs. The BSCC may reduce contribution requirements for participating counties with a general population below 200,000 upon petition by a participating county to the BSCC requesting a lower level of contribution. -(b) The BSCC shall determine the funding and scoring criteria consistent with the requirements of this chapter. Financing shall be awarded only to those counties that have previously received only a partial award or have never received an award from the state within the financing programs authorized in Chapters 3.11 (commencing with Section 15820.90) to 3.131 (commencing with Section 15820.93), inclusive. -Notwithstanding this restriction, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to Napa County. -The funding criteria shall include, as a mandatory criterion, documentation of the percentage of pretrial inmates in the county jail from January 1, 2015, to December 31, 2015, inclusive, and a description of the county’s current risk assessment based pretrial release program. Funding preference shall also be given to counties that are most prepared to proceed successfully with this financing in a timely manner. The determination of preparedness to proceed shall include the following: -(1) Counties providing a board of supervisors’ resolution authorizing an adequate amount of available matching funds to satisfy the counties’ contribution and approving the forms of the project documents deemed necessary, as identified by the board to the BSCC, to effectuate the financing authorized by this chapter, and authorizing the appropriate signatory or signatories to execute those documents at the appropriate times. The identified matching funds in the resolution shall be compatible with the state’s lease-revenue bond financing. -(2) Counties providing documentation evidencing CEQA compliance has been completed. Documentation of CEQA compliance shall be either a final Notice of Determination or a final Notice of Exemption, as appropriate, and a letter from county counsel certifying the associated statute of limitations has expired and either no challenges were filed or identifying any challenges filed and explaining how they have been resolved in a manner that allows the project to proceed as proposed. -(c) Funding consideration shall be given to counties that are seeking to replace compacted, outdated, or unsafe housing capacity that will also add treatment space or counties that are seeking to renovate existing or build new facilities that provide adequate space for the provision of treatment and rehabilitation services, including mental health treatment. -(d) A participating county may replace existing housing capacity, realizing only a minimal increase of capacity, using this financing authority if the requesting county clearly documents an existing housing capacity deficiency. -(e) A participating county with a request resulting in any increase in capacity using this financing authority shall be required to certify and covenant in writing that the county is not, and will not be, leasing housing capacity to any other public or private entity for a period of 10 years beyond the completion date of the adult local criminal justice facility. -(f) Any locked facility constructed or renovated with state funding awarded under this program shall include space to provide onsite, in-person visitation capable of meeting or surpassing the minimum number of weekly visits required by state regulations for persons detained in the facility. -(g) Any county applying for financing authority under this program shall include a description of efforts to address sexual abuse in its adult local criminal justice facility constructed or renovated pursuant to this chapter. -SEC. 4. -Section 15820.947 is added to the Government Code, to read: -15820.947. -Notwithstanding the award restriction in subdivision (b) of Section 15820.946, twenty million dollars ($20,000,000) of the amount authorized in Section 15820.942 shall be set aside and awarded to Napa County without the submission by it of any further adult local criminal justice facility proposal. This amount may be utilized in conjunction with a partial award made to Napa County pursuant to Chapter 3.131 (commencing with Section 15820.93). These awards represent the maximum state contribution for the adult local criminal justice facility in Napa County. -SEC. 3. -SEC. 5. -The sum of three million dollars ($3,000,000) is hereby appropriated from the Gambling Control Fund to the Department of Justice for the purposes of Schedule (2) of Item 0820-001-0567 of Section 2.00 of the Budget Act of 2016 in order to address the backlog in investigations related to cardroom licensing. -SEC. 4. -SEC. 6. -This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.","Existing law with respect to claims against public entities authorizes the “board,” as defined, to assess a surcharge to the state entity against which an approved claim was filed in an amount not to exceed 15% of the claim. Existing law requires the surcharge to be deposited into the General Fund and provides that it may be appropriated in support of the board in the annual Budget Act. -This bill would specify that the Department of General Services may assess this surcharge, would require the surcharge to be deposited into the Service Revolving Fund, and would specify that the surcharge may be appropriated to the department in the annual Budget Act. -Existing law defines a human trafficking caseworker to mean a human trafficking caseworker as defined by the Evidence Code. -This bill would expand that definition to include a human trafficking caseworker who is employed by a homeless services provider that serves homeless children or youth and has completed a minimum of 8 hours of training focused on victims of human trafficking from the Runaway and Homeless Youth Training and Technical Assistance Center. -Existing law authorizes the State Public Works Board to issue up to $270,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, and authorizes $20,000,000 to be awarded to Napa County. -This bill would require that $20,000,000 of the amount issued by the board in revenue bonds, notes, or bond anticipation notes be awarded to Napa County without the submission by it of any further adult local criminal justice facility proposal. The bill would also authorize those funds to be utilized in conjunction with a partial award made to Napa County pursuant to other specified provisions. -This bill would appropriate $3,000,000 from the Gambling Control Fund to the Department of Justice for the purposes of addressing the backlog in investigations related to cardroom licensing. -This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to amend Sections -905.2 and 8590.6 of -905.2, 8590.6, and 15820.946 of, and to add Section 15820.947 to, -the Government Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget." -871,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 15463 is added to the Government Code, to read: -15463. -(a) For purposes of this section, the following definitions shall apply: -(1) “No Place Like Home Program” has the same meaning as “program” as defined in Section 5849.2 of the Welfare and Institutions Code. -(2) “No Place Like Home Fund” means the No Place Like Home Fund established pursuant to Section 5849.4 of the Welfare and Institutions Code. -(3) “Permanent supportive housing” has the same meaning as “supportive housing” as defined in Section 50675.14 of the Health and Safety Code, except that “permanent supportive housing” shall include associated facilities if used to provide services to housing residents. -(b) The authority may issue taxable or tax-exempt revenue bonds in an amount not to exceed two billion dollars ($2,000,000,000), exclusive of refunding bonds but including any net premium derived from the sale of the bonds, pursuant to Sections 15441 to 15450, inclusive, for the purpose of financing permanent supportive housing pursuant to the No Place Like Home Program and through loans under subdivision (d). The authority may also utilize bond proceeds to fund necessary reserves for principal and interest, capitalized interest, credit enhancement or liquidity costs, costs of issuance, administrative expenses under Section 5849.4 of the Welfare and Institutions Code, and to reimburse loans under Section 5849.14 of the Welfare and Institutions Code. -(c) The authority may provide for the issuance of bonds of the authority for the purpose of redeeming, refunding, or retiring any bonds or any series or issue of bonds then outstanding issued under subdivision (b), including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption, purchase, or maturity of the bonds. Subdivisions (b) and (c) of Section 15446 apply to, and in connection with, bonds issued under this subdivision. Sections 15441 to 15445, inclusive, and Sections 15447 to 15450, inclusive, apply to, and in connection with, bonds issued under this subdivision in the same manner and to the same extent as bonds issued under subdivision (b). -(d) The authority may make secured or unsecured loans to the Department of Housing and Community Development in connection with financing permanent supportive housing pursuant to the No Place Like Home Program or to refund bonds previously issued pursuant to this section, in accordance with an agreement between the authority and the Department of Housing and Community Development. Loan proceeds may also be used to fund reserves for principal and interest, capitalized interest, credit enhancement and liquidity costs, expenses of funding, financing, and refinancing, administrative expenses under Section 5849.4 of the Welfare and Institutions Code, and to reimburse loans under Section 5849.14 of the Welfare and Institutions Code. -(e) Each of the authority and the Department of Housing and Community Development may enter into any agreement for credit enhancement or liquidity, execute any instruments, and do any other acts it deems necessary, convenient, or desirable in connection with revenue bonds issued pursuant to this section or carry out any power expressly granted pursuant to this section. -(f) (1) This section provides a complete, additional, and alternative method for performing the acts authorized by this section and shall be construed as supplemental and additional to powers conferred by other laws; provided, however, that the issuance of the bonds and refunding bonds and the execution of any agreements under this section are not subject to, and need not comply with, the requirements of any other law applicable to the issuance of those bonds or refunding bonds and the execution of those agreements, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). -(2) Except as provided in paragraph (1), funding or financing under this section shall not exempt the permanent supportive housing from the requirements of any other law otherwise applicable to the permanent supportive housing. -SEC. 2. -Section 5849.1 of the Welfare and Institutions Code is amended to read: -5849.1. -(a) The Legislature finds and declares that this part is consistent with and furthers the purposes of the Mental Health Services Act, enacted by Proposition 63 at the November 2, 2004, statewide general election, within the meaning of Section 18 of that measure. -(b) The Legislature further finds and declares all of the following: -(1) Housing is a key factor for stabilization and recovery to occur and results in improved outcomes for individuals living with a mental illness. -(2) Untreated mental illness can increase the risk of homelessness, especially for single adults. -(3) California has the nation’s largest homeless population that is disproportionally comprised of women with children, veterans, and the chronically homeless. -(4) California has the largest number of homeless veterans in the United States at 24 percent of the total population in our nation. Fifty percent of California’s veterans live with serious mental illness and 70 percent have a substance use disorder. -(5) Fifty percent of mothers experiencing homelessness have experienced a major depressive episode since becoming homeless and 36 percent of these mothers live with post-traumatic stress disorder and 41 percent have a substance use disorder. -(6) Ninety-three percent of supportive housing tenants who live with mental illness and substance use disorders voluntarily participated in the services offered. -(7) Adults who receive 2 years of “whatever-it-takes,” or Full Service Partnership services, experience a 68 percent reduction in homelessness. -(8) For every dollar of bond funds invested in permanent supportive housing, the state and local governments can leverage a significant amount of additional dollars through tax credits, Medicaid health services funding, and other housing development funds. -(9) Tenants of permanent supportive housing reduced their visits to the emergency department by 56 percent, and their hospital admissions by 45 percent. -(10) The cost in public services for a chronically homeless Californian ranges from $60,000 to $100,000 annually. When housed, these costs are cut in half and some reports show reductions in cost of more than 70 percent, including potentially less involvement with the health and criminal justice systems. -(11) Californians have identified homelessness as their top tier priority; this measure seeks to address the needs of the most vulnerable people within this population. -(12) Having counties provide mental health programming and services is a benefit to the state. -(13) The Department of Housing and Community Development is the state entity with sufficient expertise to implement and oversee a grant or loan program for permanent supportive housing of the target population. -(14) The California Health Facilities Financing Authority is authorized by law to issue bonds and to consult with the Mental Health Services Oversight and Accountability Commission and the State Department of Health Care Services concerning the implementation of a grant or loan program for California counties to support the development of programs that increase access to, and capacity for, crisis mental health services. It is therefore appropriate for the authority to issue bonds and contract for services with the Department of Housing and Community Development to provide grants or loans to California counties for permanent supportive housing for the target population. -(15) Use of bond funding will accelerate the availability of funding for the grant or loan program to provide permanent supportive housing for the target population as compared to relying on annual allocations from the Mental Health Services Fund and better allow counties to provide permanent supportive housing for homeless individuals living with mental illness. -(16) The findings and declarations set forth in subdivision (c) of Section 5849.35 are hereby incorporated herein. -SEC. 3. -Section 5849.2 of the Welfare and Instiace Like Home Program Advisory Committee established pursuant to Section 5849.3. -(f) “County” includes, but is not limited to, a city and county, and a city receiving funds pursuant to Section 5701.5. -(g) “Department” means the Department of Housing and Community Development. -(h) “Development sponsor” has the same meaning as “sponsor” as defined in Section 50675.2 of the Health and Safety Code. -(i) “Fund” means the No Place Like Home Fund established pursuant to Section 5849.4. -(j) “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on May 1, 2016. -(k) “Permanent supportive housing” has the same meaning as “supportive housing,” as defined in Section 50675.14 of the Health and Safety Code, except that “permanent supportive housing” shall include associated facilities if used to provide services to housing residents. -(l) “Program” means the process for awarding funds and distributing moneys to applicants established in Sections 5849.7, 5849.8, and 5849.9 and the ongoing monitoring and enforcement of the applicants’ activities pursuant to Sections 5849.8, 5849.9, and 5849.11. -(1) “Competitive program” means that portion of the program established by Section 5849.8. -(2) “Distribution program” means that portion of the program described in Section 5849.9. -(m) “Target population” means individuals or households as provided in Section 5600.3 who are homeless, chronically homeless, or at risk of chronic homelessness.","(1) The Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, imposes a 1% tax on that portion of a taxpayer’s taxable income that exceeds $1,000,000 and requires that the revenue from that tax be deposited in the Mental Health Services Fund to fund various county mental health programs. The MHSA authorizes the Legislature to amend its provisions by a -2/3 -vote, provided that the amendment is consistent with and furthers the intent of the act. -Existing law, known as the No Place Like Home Program, requires the Department of Housing and Community Development to award $2,000,000,000 among counties to finance capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, and to capitalize operating reserves, of permanent supportive housing for the target population, as specified. Existing law requires the department to distribute $1,800,000,000 through a competitive program and to allocate $200,000,000 among all counties within this state on an “over-the-counter” population basis. -The bill would authorize the California Health Facilities Financing Authority and the department to, among other things, enter into contracts to provide services pursuant to the No Place Like Home Program related to permanent supportive housing. The bill would also authorize the authority to issue taxable or tax-exempt revenue bonds in an amount not to exceed $2,000,000,000 for these purposes and to make secured or unsecured loans to the department in connection with financing permanent supportive housing pursuant to the No Place Like Home Program. The bill would require that the dollar limit on amounts distributed under the No Place Like Home Program be based on the principal amount of bonds issued by the authority and loaned to the department. -The bill would additionally authorize the use of moneys in the Mental Health Services Fund for the purposes of the No Place Like Home Program. The bill would also establish and continuously appropriate the Supportive Housing Program Subaccount in the Mental Health Services Fund. The bill would require the Controller, no later than the last day of each month and prior to any transfer or expenditure from the fund for any other purpose for the following month, to transfer from the Mental Health Services Fund to the Supportive Housing Program Subaccount an amount necessary to cover the costs the authority is required to pay to the department pursuant to an above-described service contract, as determined by the authority but not to exceed an aggregate amount of $140,000,000 per year. The bill would prohibit moneys in the Supportive Housing Program Subaccount from being loaned to the General Fund pursuant to specified statutes. -The bill would exempt service contracts between the department and the authority pursuant to these provisions from specified public contracting laws. The bill would also exempt loan agreements between the department and the authority and revenue bonds issued by the authority from any other law applicable to the execution of those agreements or issuance of those bonds, including the California Environmental Quality Act. -(2) Existing law establishes the No Place Like Home Fund and continuously appropriates the moneys in this fund to the Department of Housing and Community Development for the purposes of the No Place Like Home Program. Existing law requires the deposit into the fund of, among other moneys, any proceeds from the issuance of bonds by the Treasurer. -This bill would instead require the department to deposit into the fund the proceeds of loans derived from the issuance of bonds under this bill by the California Health Facilities Financing Authority. The bill would additionally continuously appropriate moneys in the fund to the Treasurer and the authority for purposes of the No Place Like Home Program. -(3) Existing law requires counties to annually report specified information to the Department of Housing and Community Development on activities funded under the No Place Like Home Program, including information on the funded supportive housing development. Existing law also requires the department to report specified information on the program to the Legislature by December 31 of each year, commencing with the year after the first full year in which the program is in effect. -This bill would require the department to monitor county compliance with applicable program regulations, loan agreements and regulatory agreements and any agreements related to the program that designate the department as a 3rd party beneficiary, and enforce those agreements to the extent necessary and desirable in order to provide, to the greatest degree possible, the successful provision of permanent supportive housing. The bill would require the department to submit a report to the California Health Facilities Financing Authority by December 31 of each year, commencing with the year after the first full year in which the program is in effect, that contains specified information about the counties participating in the program and the services that have been provided pursuant to any service contracts between the department and the authority, as described above. -(4) Existing law establishes a procedure by which a public agency may bring an action in the superior court to determine the validity of any matter authorized by other law. Existing law authorizes an action under this procedure to determine the legality of any action by the Department of Housing and Community Development related to the No Place Like Home Program. Existing law requires the department to issue its first request for proposal for the competitive program no later than 180 days, and to make its first allocation of “over-the-counter” funds within 60 days, after the deadline for appeals under the validation procedure. -This bill would recast this authorization to instead authorize an action to determine the validity of any service contract or loan agreement between the department and the California Health Facilities Financing Authority, as described above, in accordance with specified provisions governing actions to determine the validity of bonds, warrants, contracts, obligations, or evidences of indebtedness. The bill would instead require the department to issue its first request for proposal no later than 180 days, and to make its first allocation of “over-the-counter” funds as soon as reasonably practical, but no later than 150 days, after the effective date of a final judgment with no further opportunity for appeals, in any court proceeding affirming the validity of the service contracts between the department and the authority and any bonds issued by the authority. -(5) Existing law authorizes the Department of Finance to authorize a loan from the General Fund to the No Place Like Home Fund for cashflow purposes in an amount not to exceed $1,000,000. Existing law requires that a loan comply with certain requirements, including that the purpose of the loan is to allow the department to begin implementation activities related to the No Place Like Home Program, including drafting program guidelines and regulations. -This bill would instead authorize the Department of Finance to authorize one or more loans from the General Fund to the No Place Like Home Fund in an aggregate amount not to exceed $2,000,000. The bill would additionally authorize loans for the purpose of allowing the Department of Housing and Community Development, the California Health Facilities Financing Authority, and the Treasurer to implement the above-described provisions pertaining to service contracts and loan agreements between the department and the authority and revenue bonds issued by the authority. -(6) Existing law makes various findings and declarations regarding the No Place Like Home Program. -This bill would make additional findings and declarations pertaining to the financing and implementation of the No Place Like Home Program. The bill would also make various technical and conforming changes to the No Place Like Home Program. -(7) This bill would declare that its provisions further the intent of the MHSA. -(8) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.","An act to add Section 15463 to the Government Code, and to amend Sections 5849.1, 5849.2, 5849.3, 5849.4, 5849.5, 5849.7, 5849.8, 5849.9, 5849.11, 5849.14, 5890, and 5891 of, to add Section 5849.35 to, and to repeal and add Section 5849.13 of, the Welfare and Institutions Code, relating to mental health services, and making an appropriation therefor, to take effect immediately, bill related to the budget." -872,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 13.5 (commencing with Section 33479) is added to Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code, to read: -Article 13.5. The Eric Paredes Sudden Cardiac Arrest Prevention Act -33479. -This act shall be known, and may be cited, as the Eric Paredes Sudden Cardiac Arrest Prevention Act. -33479.1. -For purposes of this article, the following definitions apply: -(a) “Athletic activity” includes all of the following: -(1) Interscholastic athletics. -(2) An athletic contest or competition, other than interscholastic athletics, that is sponsored by a school, including cheerleading and club-sponsored sports activities. -(3) Noncompetitive cheerleading that is sponsored by a school. -(4) Practices, interscholastic practices, and scrimmages for all of the activities listed under paragraphs (1) to (3), inclusive. -(b) “Authorized person” means an employee, volunteer, or contractor authorized to provide health or medical services to pupil athletes. -(c) “School” means a public school, including a charter school, or private school that elects to conduct athletic activities. -33479.2. -(a) The department shall post on its Internet Web site guidelines, videos, and an information sheet on sudden cardiac arrest symptoms and warning signs, and other relevant materials to inform and educate pupils and parents, and to train coaches about the nature and warning signs of sudden cardiac arrest, including the risks associated with continuing to play or practice after experiencing fainting or seizures during exercise, unexplained shortness of breath, chest pains, dizziness, racing heart rate, or extreme fatigue. -(b) Materials posted by the department on its Internet Web site may include, but are not necessarily limited to, those developed or used for sudden cardiac arrest education and coaches training by the National Federation of High School Associations, the Eric Paredes Save A Life Foundation, or the California Interscholastic Federation. -(c) School districts and schools are encouraged to post on their Internet Web sites the information and material required to be posted by the department pursuant to subdivision (a) to give pupils, parents, and coaches ready access to the information. -33479.3. -Each school year, before a pupil participates in an athletic activity governed by the California Interscholastic Federation, the school shall collect and retain a copy of the sudden cardiac arrest information sheet required by the California Interscholastic Federation for that pupil. Before a pupil participates in an athletic activity not governed by the California Interscholastic Federation, the pupil and the pupil’s parent or guardian shall sign and return to the pupil’s school an acknowledgment of receipt and review of the information sheet posted on the department’s Internet Web site pursuant to subdivision (a) of Section 33479.2. -33479.4. -A school may hold an informational meeting before the start of each athletic season for all ages of competitors regarding the symptoms and warning signs of sudden cardiac arrest. In addition to pupils, parents, coaches, and other school officials, informational meetings may include physicians, pediatric cardiologists, athletic trainers, and authorized persons. -33479.5. -(a) A pupil who passes out or faints while participating in or immediately following an athletic activity, or who is known to have passed out or fainted while participating in or immediately following an athletic activity, shall be removed from participation at that time by the athletic director, coach, athletic trainer, or authorized person. -(b) A pupil who exhibits any of the other symptoms of sudden cardiac arrest, as described in subdivision (a) of Section 33479.2, during an athletic activity, may be removed from participation by an athletic trainer or authorized person if the athletic trainer or authorized person reasonably believes that the symptoms are cardiac related. In the absence of an athletic trainer or authorized person, any coach who observes any of the symptoms of sudden cardiac arrest shall notify the parent or guardian of the pupil so that the parent or guardian can determine what treatment, if any, the pupil should seek. -(c) A pupil who is removed from play under this section shall not be permitted to return to participate in an athletic activity until the pupil is evaluated and cleared to return to participate in writing by a physician and surgeon, or a nurse practitioner or physician assistant practicing in accordance with standardized procedures or protocols developed by the supervising physician and surgeon and the nurse practitioner or physician assistant, as applicable. -(d) This section does not apply to a pupil engaging in an athletic activity during the regular schoolday or as part of a physical education course required pursuant to subdivision (d) of Section 51220 unless it constitutes a practice, interscholastic practice, or scrimmage pursuant to paragraph (4) of subdivision (a) of Section 33479.1. -33479.6. -(a) A coach of an athletic activity shall complete the sudden cardiac arrest training course specified in Section 33479.2 and shall retake the training course every two years thereafter. -(b) A coach of an athletic activity shall not be eligible to coach an athletic activity until the coach completes the training course required under subdivision (a). -33479.7. -On and after July 1, 2019, a coach who violates Section 33479.6 shall be subject to suspension from coaching any athletic activity until completion of the required training. -33479.8. -The sponsors of youth athletic activities are encouraged to follow the guidelines specified in this article. -33479.9. -This article is operative on July 1, 2017.","Existing law requires a school district, charter school, or private school that elects to offer an athletic program to comply with certain requirements relating to pupil safety, including, among other things, removing an athlete who is suspected of sustaining a concussion or head injury from an athletic activity. -This bill would create the Eric Paredes Sudden Cardiac Arrest Prevention Act and would require the State Department of Education to post on its Internet Web site guidelines, videos, and an information sheet on sudden cardiac arrest symptoms and warning signs, and other relevant materials relating to sudden cardiac arrest. The bill would require a pupil in any public school, including a charter school, or private school that elects to conduct athletic activities, and the pupil’s parent or guardian, to sign and return an acknowledgment of receipt of an information sheet on sudden cardiac arrest symptoms and warning signs each school year before the pupil participates in an athletic activity, as specified. The bill would require an athletic director, coach, athletic trainer, or authorized person, as defined, to remove from participation a pupil who passes out or faints while participating in or immediately following an athletic activity, and would require a coach of an athletic activity to complete a sudden cardiac arrest training course every other school year. The bill would impose penalties, on and after July 1, 2019, for a violation of the provision requiring a coach to complete a sudden cardiac arrest training course, as specified. The bill would make the act’s provisions operative on July 1, 2017.","An act to add Article 13.5 (commencing with Section 33479) to Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code, relating to pupil safety." -873,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7522.02 of the Government Code is amended to read: -7522.02. -(a) (1) Notwithstanding any other law, except as provided in this article, on and after January 1, 2013, this article shall apply to all state and local public retirement systems and to their participating employers, including the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Legislators’ Retirement System, the Judges’ Retirement System, the Judges’ Retirement System II, county and district retirement systems created pursuant to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3), independent public retirement systems, and to individual retirement plans offered by public employers. However, this article shall be subject to the Internal Revenue Code and Section 17 of Article XVI of the California Constitution. The administration of the requirements of this article shall comply with applicable provisions of the Internal Revenue Code and the Revenue and Taxation Code. -(2) Notwithstanding paragraph (1), this article shall not apply to the entities described in Section 9 of Article IX of, and Sections 4 and 5 of Article XI of, the California Constitution, except to the extent that these entities continue to be participating employers in any retirement system governed by state statute. Accordingly, any retirement plan approved before January 1, 2013, by the voters of any entity excluded from coverage by this section shall not be affected by this article. -(3) -(A) -Notwithstanding paragraph (1), this article shall not apply to a public employee whose interests are protected under Section 5333(b) of Title 49 of the United States Code and who became a member of a state or local public retirement system prior to December 30, 2014. -(B) If a federal district court upholds the determination of the United States Secretary of Labor, or his or her designee, that application of this article precludes him or her from providing a certification under Section 5333(b) of Title 49 of the United States Code, this article shall not apply to a public employee whose interests are protected under that section. -(4) Notwithstanding paragraph (1), this article shall not apply to a multiemployer plan authorized by Section 302(c)(5) of the federal Taft-Hartley Act (29 U.S.C. Sec. 186(c)(5)) if the public employer began participation in that plan prior to January 1, 2013, and the plan is regulated by the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.). -(b) The benefit plan required by this article shall apply to public employees who are new members as defined in Section 7522.04. -(c) (1) Individuals who were employed by any public employer before January 1, 2013, and who became employed by a subsequent public employer for the first time on or after January 1, 2013, shall be subject to the retirement plan that would have been available to employees of the subsequent employer who were first employed by the subsequent employer on or before December 31, 2012, if the individual was subject to concurrent membership for which creditable service was performed in the previous six months or reciprocity established under any of the following provisions: -(A) Article 5 (commencing with Section 20350) of Chapter 3 of Part 3 of Division 5 of Title 2. -(B) Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3. -(C) Any agreement between public retirement systems to provide reciprocity to members of the systems. -(D) Section 22115.2 of the Education Code. -(2) An individual who was employed before January 1, 2013, and who, without a separation from employment, changed employment positions and became subject to a different defined benefit plan in a different public retirement system offered by his or her employer shall be subject to that defined benefit plan as it would have been available to employees who were first employed on or before December 31, 2012. -(d) If a public employer, before January 1, 2013, offers a defined benefit pension plan that provides a defined benefit formula with a lower benefit factor at normal retirement age and results in a lower normal cost than the defined benefit formula required by this article, that employer may continue to offer that defined benefit formula instead of the defined benefit formula required by this article, and shall not be subject to the requirements of Section 7522.10 for pensionable compensation subject to that formula. However, if the employer adopts a new defined benefit formula on or after January 1, 2013, that formula must conform to the requirements of this article or must be determined and certified by the retirement system’s chief actuary and the retirement board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the defined benefit plan may only participate in the lower cost defined benefit formula that was in place before January 1, 2013, or a defined benefit formula that conforms to the requirements of this article or is approved by the Legislature as provided in this subdivision. -(e) If a public employer, before January 1, 2013, offers a retirement benefit plan that consists solely of a defined contribution plan, that employer may continue to offer that plan instead of the defined benefit pension plan required by this article. However, if the employer adopts a new defined benefit pension plan or defined benefit formula on or after January 1, 2013, that plan or formula must conform to the requirements of this article or must be determined and certified by the retirement system’s chief actuary and the system’s board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the employer’s plan may only participate in the defined contribution plan that was in place before January 1, 2013, or a defined contribution plan or defined benefit formula that conforms to the requirements of this article. This subdivision shall not be construed to prohibit an employer from offering a defined contribution plan on or after January 1, 2013, either with or without a defined benefit plan, whether or not the employer offered a defined contribution plan prior to that date. -(f) (1) If, on or after January 1, 2013, the Cities of Brea and Fullerton form a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5), that joint powers authority may provide employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of the City of Brea, the City of Fullerton, or a city described in paragraph (2) who is not a new member and subsequently is employed by the joint powers authority within 180 days of the city providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. -(2) On or before January 1, 2017, a city in Orange County that is contiguous to the City of Brea or the City of Fullerton may join the joint powers authority described in paragraph (1) but not more than three cities shall be permitted to join. -(3) The formation of a joint powers authority on or after January 1, 2013, shall not act in a manner as to exempt a new employee or a new member, as defined by Section 7522.04, from the requirements of this article. New members may only participate in a defined benefit plan or formula that conforms to the requirements of this article. -(g) The Judges’ Retirement System and the Judges’ Retirement System II shall not be required to adopt the defined benefit formula required by Section 7522.20 or 7522.25 or the compensation limitations defined in Section 7522.10. -(h) This article shall not be construed to provide membership in any public retirement system for an individual who would not otherwise be eligible for membership under that system’s applicable rules or laws. -(i) On and after January 1, 2013, each public retirement system shall modify its plan or plans to comply with the requirements of this article and may adopt regulations or resolutions for this purpose.","The California Public Employees’ Pension Reform Act of 2013 (PEPRA) requires a public retirement system, as defined, to modify its plan or plans to comply with the act and, among other provisions, establishes new retirement formulas that may not be exceeded by a public employer offering a defined benefit pension plan for employees first hired on or after January 1, 2013. PEPRA exempts from its provisions certain public employees whose collective bargaining rights are subject to specified provisions of federal law until a specified federal district court decision on a certification by the United States Secretary of Labor, or until January 1, 2016, whichever is sooner. -This bill would extend indefinitely that exemption for those public employees, whose collective bargaining rights are subject to specified provisions of federal law and who became a member of a state or local public retirement system prior to December 30, 2014. -The bill would exempt these employees from PEPRA without regard to date of hire upon issuance of a specified federal district court decision.","An act to amend Section 7522.02 of the Government Code, relating to retirement." -874,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 47607 of the Education Code is amended to read: -47607. -(a) (1) -A -Initially, a -charter may be granted pursuant to Sections 47605, 47605.5, and 47606 for a period not to exceed five years. A charter granted by a school district governing board, a county board of education, or the state board may be granted one or more subsequent renewals by that entity. Each -renewal -of the first two renewals -shall be for a period of five years. -Subsequent renewals shall be for a period requested by the charter school not to exceed 15 years. -A material revision of the provisions of a charter petition may be made only with the approval of the authority that granted the charter. The authority that granted the charter may inspect or observe any part of the charter school at any time. -(2) Renewals and material revisions of charters are governed by the standards and criteria in Section 47605, and shall include, but not be limited to, a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed. -(3) (A) The authority that granted the charter shall consider increases in pupil academic achievement for all groups of pupils served by the charter school as the most important factor in determining whether to grant a charter renewal. -(B) For purposes of this section, “all groups of pupils served by the charter school” means a numerically significant pupil subgroup, as defined by paragraph (3) of subdivision (a) of Section 52052, served by the charter school. -(b) Commencing on January 1, 2005, or after a charter school has been in operation for four years, whichever date occurs later, a charter school shall meet at least one of the following criteria before receiving a charter renewal pursuant to paragraph (1) of subdivision (a): -(1) Attained its Academic Performance Index (API) growth target in the prior year or in two of the last three years both schoolwide and for all groups of pupils served by the charter school. -(2) Ranked in deciles 4 to 10, inclusive, on the API in the prior year or in two of the last three years. -(3) Ranked in deciles 4 to 10, inclusive, on the API for a demographically comparable school in the prior year or in two of the last three years. -(4) (A) The -entity -authority -that granted the charter determines that the academic performance of the charter school is at least equal to the academic performance of the public schools that the charter school pupils would otherwise have been required to attend, as well as the academic performance of the schools in the school district in which the charter school is located, taking into account the composition of the pupil population that is served at the charter school. -(B) The determination made pursuant to this paragraph shall be based upon all of the following: -(i) Documented and clear and convincing data. -(ii) Pupil achievement data from assessments, including, but not limited to, the -Standardized Testing and Reporting Program -pupil assessment program -established by Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 for demographically similar pupil populations in the comparison schools. -(iii) Information submitted by the charter school. -(C) A chartering authority shall submit to the Superintendent copies of supporting documentation and a written summary of the basis for any determination made pursuant to this paragraph. The Superintendent shall review the materials and make recommendations to the chartering authority based on that review. The review may be the basis for a recommendation made pursuant to Section 47604.5. -(D) A charter renewal may not be granted to a charter school -prior to -before -30 days after that charter school submits materials pursuant to this paragraph. -(5) Qualified for an alternative accountability system pursuant to subdivision (h) of Section 52052. -(c) (1) A charter may be revoked by the authority that granted the charter under this chapter if the authority finds, through a showing of substantial evidence, that the charter school did any of the following: -(A) Committed a material violation of any of the conditions, standards, or procedures set forth in the charter. -(B) Failed to meet or pursue any of the pupil outcomes identified in the charter. -(C) Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement. -(D) Violated any provision of law. -(2) The authority that granted the charter shall consider increases in pupil academic achievement for all groups of pupils served by the charter school as the most important factor in determining whether to revoke a charter. -(d) Before revocation, the authority that granted the charter shall notify the charter school of any violation of this section and give the -charter -school a reasonable opportunity to remedy the violation, unless the authority determines, in writing, that the violation constitutes a severe and imminent threat to the health or safety of the pupils. -(e) Before revoking a charter for failure to remedy a violation pursuant to subdivision (d), and after expiration of the -charter -school’s reasonable opportunity to remedy without successfully remedying the violation, the chartering authority shall provide a written notice of intent to revoke and notice of facts in support of revocation to the charter school. No later than 30 days after providing the notice of intent to revoke a charter, the chartering authority shall hold a public hearing, in the normal course of business, on the issue of whether evidence exists to revoke the charter. No later than 30 days after the public hearing, the chartering authority shall issue a final decision to revoke or decline to revoke the charter, unless the chartering authority and the charter school agree to extend the issuance of the decision by an additional 30 days. The chartering authority shall not revoke a charter, unless it makes written factual findings supported by substantial evidence, specific to the charter school, that support its findings. -(f) (1) If a school district is the chartering authority and it revokes a charter pursuant to this section, the charter school may appeal the revocation to the county board of education within 30 days following the final decision of the chartering authority. -(2) The county board of education may reverse the revocation decision if the county board of education determines that the findings made by the chartering authority under subdivision (e) are not supported by substantial evidence. The school district may appeal the reversal to the state board. -(3) If the county board of education does not issue a decision on the appeal within 90 days of receipt, or the county board of education upholds the revocation, the charter school may appeal the revocation to the state board. -(4) The state board may reverse the revocation decision if the state board determines that the findings made by the chartering authority under subdivision (e) are not supported by substantial evidence. The state board may uphold the revocation decision of the school district if the state board determines that the findings made by the chartering authority under subdivision (e) are supported by substantial evidence. -(g) (1) If a county office of education is the chartering authority and the county board of education revokes a charter pursuant to this section, the charter school may appeal the revocation to the state board within 30 days following the decision of the chartering authority. -(2) The state board may reverse the revocation decision if the state board determines that the findings made by the chartering authority under subdivision (e) are not supported by substantial evidence. -(h) If the revocation decision of the chartering authority is reversed on appeal, the -agency -authority -that granted the charter shall continue to be regarded as the chartering authority. -(i) During the pendency of an appeal filed under this section, a charter school, whose revocation proceedings are based on subparagraph (A) or (B) of paragraph (1) of subdivision (c), shall continue to qualify as a charter school for funding and for all other purposes of this part, and may continue to hold all existing grants, resources, and facilities, in order to ensure that the education of pupils enrolled in the -charter -school is not disrupted. -(j) Immediately following the decision of a county board of education to reverse a decision of a school district to revoke a charter, the following shall apply: -(1) The charter school shall qualify as a charter school for funding and for all other purposes of this part. -(2) The charter school may continue to hold all existing grants, resources, and facilities. -(3) Any funding, grants, resources, and facilities that had been withheld from the charter school, or that the charter school had otherwise been deprived of use, as a result of the revocation of the charter shall be immediately reinstated or returned. -(k) A final decision of a revocation or appeal of a revocation pursuant to subdivision (c) shall be reported to the chartering authority, the county board of education, and the department. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law authorizes a school district governing board, a county board of education, or the State Board of Education to grant a charter to a charter school for an initial period not to exceed 5 years followed by renewals every 5 years. -This bill would provide that each of the first 2 renewals shall be for a period of 5 years and subsequent renewals shall be for a period requested by the charter school not to exceed 15 years. To the extent this bill would impose additional duties on school districts or county offices of education, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 47607 of the Education Code, relating to charter schools." -875,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14005.12 of the Welfare and Institutions Code is amended to read: -14005.12. -(a) For the purposes of Sections 14005.4 and 14005.7, the department shall establish the income levels for maintenance need at the lowest levels that reasonably permit medically needy persons to meet their basic needs for food, clothing, and shelter, and for which federal financial participation will still be provided under Title XIX of the federal Social Security Act. It is the intent of the Legislature that the income levels for maintenance need for medically needy aged, blind, and disabled adults, in particular, shall be based upon amounts that adequately reflect their needs. -(1) Subject to paragraph (2), reductions in the maximum aid payment levels set forth in subdivision (a) of Section 11450 in the 1991–92 fiscal year, and thereafter, shall not result in a reduction in the income levels for maintenance under this section. -(2) (A) The department shall seek any necessary federal authorization for maintaining the income levels for maintenance at the levels in effect June 30, 1991. -(B) If federal authorization is not obtained, medically needy persons shall not be required to pay the difference between the share of cost as determined based on the payment levels in effect on June 30, 1991, under Section 11450, and the share of cost as determined based on the payment levels in effect on July 1, 1991, and thereafter. -(3) Any medically needy person who was eligible for benefits under this chapter as categorically needy for the calendar month immediately preceding the effective date of the reductions in the minimum basic standards of adequate care for the Aid to Families with Dependent Children program as set forth in Section 11452.018 made in the 1995–96 Regular Session of the Legislature shall not be responsible for paying his or her share of cost if all of the following apply: -(A) He or she had eligibility as categorically needy terminated by the reductions in the minimum basic standards of adequate care. -(B) He or she, but for the reductions, would be eligible to continue receiving benefits under this chapter as categorically needy. -(C) He or she is not eligible to receive benefits without a share of cost as a medically needy person pursuant to paragraph (1) or (2). -(b) In the case of a single individual, the amount of the income level for maintenance per month shall be 80 percent of the highest amount that would ordinarily be paid to a family of two persons, without any income or resources, under subdivision (a) of Section 11450, multiplied by the federal financial participation rate. -(c) In the case of a family of two adults, the income level for maintenance per month shall be the highest amount that would ordinarily be paid to a family of three persons without income or resources under subdivision (a) of Section 11450, multiplied by the federal financial participation rate. -(d) For the purposes of Sections 14005.4 and 14005.7, for a person in a medical institution or nursing facility, or for a person receiving institutional or noninstitutional services from a Program of All-Inclusive Care for the Elderly organization pursuant to Chapter 8.75 (commencing with Section 14591), the amount considered as required for maintenance per month shall be computed in accordance with, and for those purposes required by, Title XIX of the federal Social Security Act, and regulations adopted pursuant thereto. Those amounts shall be computed pursuant to regulations which include providing for the following purposes: -(1) Personal and incidental needs in the amount of not less than -thirty-five dollars ($35) -eighty dollars ($80) -per month while a patient. The department -may, -shall, -by regulation, -annually -increase this amount -as necessitated by increasing costs of personal and incidental needs. -based on the percentage increase in the California Consumer Price Index. -A long-term health care facility shall not charge an individual for the laundry services or periodic hair care specified in Section 14110.4. -(2) The upkeep and maintenance of the home. -(3) The support and care of his or her minor children, or any disabled relative for whose support he or she has contributed regularly, if there is no community spouse. -(4) If the person is an institutionalized spouse, for the support and care of his or her community spouse, minor or dependent children, dependent parents, or dependent siblings of either spouse, provided the individuals are residing with the community spouse. -(5) The community spouse monthly income allowance shall be established at the maximum amount permitted in accordance with Section 1924(d)(1)(B) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396r-5(d)(1)(B)). -(6) The family allowance for each family member residing with the community spouse shall be computed in accordance with the formula established in Section 1924(d)(1)(C) of Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396r-5(d)(1)(C)). -(e) For the purposes of Sections 14005.4 and 14005.7, with regard to a person in a licensed community care facility, the amount considered as required for maineligibility is determined as a single unit under Section 14008, the income levels for maintenance per month shall be established for each household in accordance with subdivisions (b) to (h), inclusive. The total of these levels shall be the level for the single eligibility unit. -(j) The income levels for maintenance per month established pursuant to subdivisions (b) to (i), inclusive, shall be calculated on an annual basis, rounded to the next higher multiple of one hundred dollars ($100), and then prorated. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Qualified individuals under the Medi-Cal program include medically needy persons and medically needy family persons wonal needs allowance amount from $35 to $80 per month while a person is a patient as described above, and instead would require the department to annually increase this amount based on the percentage increase in the California Consumer Price Index. Because counties are required to make Medi-Cal eligibility determinations, and this bill would expand eligibility by increasing the personal needs allowance and would increase the responsibility of counties in determining Medi-Cal eligibility, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 14005.12 of the Welfare and Institutions Code, relating to Medi-Cal." -876,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 22358.4 of the Vehicle Code is amended to read: -22358.4. -(a) (1) -Whenever -If -a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by paragraph (2) of subdivision (a) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey. -(2) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. -(b) (1) Notwithstanding subdivision (a) or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows: -(A) A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than -500 -1,320 -feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of less than -500 -1,320 -feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour. -(B) A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to -1,000 -1,320 -feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of 500 to -1,000 -1,320 -feet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour. -(2) The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions: -(A) A maximum of two traffic lanes. -(B) A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone. -(3) The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel. -(4) When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration. -(5) (A) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. -(B) For purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to -500 -1,320 -feet away from school grounds. -(C) For purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and -1,000 -1,320 -feet away from the school grounds. -(D) A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision. -(E) Notwithstanding the maximum distance established in this section, a local authority may, upon the basis of an engineering and travel survey documenting school attendance boundaries or travel patterns to and from a school, or both, extend the maximum distance up to one mile to establish a prima facie speed limit and school warnings signs, as defined in this section, to a distance or specific locations, or both, consistent with the findings of the travel survey. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law establishes a 25 miles per hour prima facie limit when approaching or passing a school building or the grounds thereof, contiguous to a highway and posted up to 500 feet away from the school grounds, with a standard “SCHOOL” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit also applies when approaching or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard “SCHOOL” warning sign. A violation of that prima facie limit is an infraction. -Existing law additionally allows a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 15 miles per hour prima facie limit when approaching, at a distance of less than 500 feet from, or passing, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit would also apply when approaching, at that same distance, or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with one of those signs. -Existing law additionally allows a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 25 miles per hour prima facie speed limit when approaching at a distance of 500 to 1,000 feet from a school building or grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit would also apply when approaching, at that same distance, or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with one of those signs. -This bill would allow a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 15 miles per hour prima facie speed limit when approaching, at a distance of less than 1,320 feet from, or passing, a school building or grounds thereof, contiguous of to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. This bill would provide that a 25 miles per hour prima facie limit in a residence district, on a highway, with a posted speed limit of 30 miles per hour or slower, applies, as to those local authorities, when approaching, at a distance of 500 to 1,320 feet from a school building or grounds thereof, as specified. This bill would also authorize a local authority, on the basis of an engineering and traffic survey, to extend the maximum distance up to one mile to establish a prima facie speed limit and school warning signs, as specified. -By authorizing a change in the prima facie limits, the bill would expand the scope of an existing crime, thereby imposing a state-mandated local program. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 22358.4 of the Vehicle Code, relating to vehicles." -877,"The people of the State of California do enact as follows: - - -SECTION 1. -Part 6.5 (commencing with Section 24455) is added to Division 9 of the Public Utilities Code, to read: -PART 6.5. Unmanned Aircraft Systems -24455. -(a) The operator of any unmanned aircraft system involved in an accident resulting in injury to an individual or damage to property shall immediately land the unmanned aircraft at the nearest location that will not jeopardize the safety of others. Moving the unmanned aircraft in accordance with this subdivision does not affect the question of fault. The operator shall also immediately do one of the following: -(1) Present his or her valid identification, if he or she has that identification, and his or her name and current residence address to the injured individual. For purposes of this section, “valid identification” includes, but is not limited to, a driver’s license, a state-issued identification card, or a passport. -(2) Locate and notify the owner or person in charge of that property of the name and address of the operator of the unmanned aircraft system involved and, upon locating the owner or person in charge of the damaged property and being requested to do so, present his or her valid identification, if he or she has that identification, and his or her name and current residence address to the other property owner or person in charge of the damaged property. -(3) Leave in a conspicuous place on the damaged property a written notice giving the name and address of the operator of the unmanned aircraft system involved and a statement of the circumstances of the accident and, without unnecessary delay, notify the police department of the city where the damage occurred or, if the damage occurred in unincorporated territory, the local headquarters of the sheriff’s department of the county where the damage occurred. -(b) The operator shall also provide the name and address of his or her employer or his or her place of business if he or she is the commercial operator of the unmanned aircraft system in the same manner as specified in paragraph (1), (2), or (3) of subdivision (a). -(c) A person who knowingly fails to comply with the requirements of this section is guilty of an infraction punishable by a fine of not more than two hundred fifty dollars ($250), or a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. -(d) (1) A law enforcement officer, or an employee of a police department, fire department, fire protection district, or other law enforcement agency, operating an unmanned aircraft system within the scope of his or her employment shall comply with this section unless landing the aircraft would interfere with the officer’s or employee’s duties or would put individuals at risk of further injury or property at risk of further damage. -(2) A person operating an unmanned aircraft system as part of an organized sport, league, or club shall comply with this section only if the accident results in one or more of the following: -(A) Injury to an individual. -(B) Damage to property that was not operated for purposes of the organized sport, league, or club. -(C) Damage to property that was not owned or controlled by a participant or organizer of the sport, league, or club. -(e) This section does not apply to a person operating an unmanned aircraft system pursuant to a current exemption, Certificate of Waiver, or authorization issued pursuant to Section 333 or 334 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95 (Feb. 12, 2014) 126 Stat. 11, 75-76), or other commercial operator authorization granted by, or commercial operator rule of, the Federal Aviation Administration. -(f) For purposes of this section, the following definitions apply: -(1) “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. -(2) “Unmanned aircraft system” means an unmanned aircraft and associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system. -(g) Nothing in this section shall be construed to affect, expand, alter, or limit any requirements, duties, rights, or remedies under other law, including those pertaining to notification of, or liability for, accidents involving an unmanned aircraft system. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of unmanned aircraft systems, commonly known as drones, into the national airspace system. Existing federal law requires the operator of an unmanned aircraft system to immediately, and by the most expeditious means available, notify the nearest National Transportation Safety Board office when, among other things, an aircraft accident, as defined, or certain serious incidents occur. Those notifications are required to include, among other things, the name of the owner of the unmanned aircraft system, the name of the operator of the unmanned aircraft system, the date and time of the accident, and the nature of the accident. -Existing state law requires the driver of a vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person, to immediately stop the vehicle at the scene of the accident and provide certain information and render assistance, as necessary, to the driver and occupants of the other vehicle and provide the specified information to any traffic or police officer at the scene of the accident. A person who violates this requirement is guilty of a misdemeanor or a felony. Existing law requires the driver of a vehicle involved in an accident resulting only in damage to any property, including vehicles, to immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists and provide certain information to the owner or person in charge of the damaged property or place that information in a conspicuous place on the damaged property. A person who violates this requirement is guilty of a misdemeanor. -This bill would require, except as specified, the operator of any unmanned aircraft system involved in an accident resulting in injury to an individual or damage to property to immediately land the unmanned aircraft at the nearest location that will not jeopardize the safety of others and provide certain information to the injured individual or the owner or person in charge of the damaged property or place that information in a conspicuous place on the damaged property. The bill would make a person who knowingly fails to comply with these provisions guilty of an infraction or a misdemeanor, as specified. By creating a new crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Part 6.5 (commencing with Section 24455) to Division 9 of the Public Utilities Code, relating to aviation." -878,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 30515 of the Penal Code is amended to read: -30515. -(a) Notwithstanding Section 30510, “assault weapon” also means any of the following: -(1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following: -(A) A pistol grip that protrudes conspicuously beneath the action of the weapon. -(B) A thumbhole stock. -(C) A folding or telescoping stock. -(D) A grenade launcher or flare launcher. -(E) A flash suppressor. -(F) A forward pistol grip. -(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. -(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. -(4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following: -(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. -(B) A second handgrip. -(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel. -(D) The capacity to accept a detachable magazine at some location outside of the pistol grip. -(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. -(6) A semiautomatic shotgun that has both of the following: -(A) A folding or telescoping stock. -(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip. -(7) A semiautomatic shotgun that has the ability to accept a detachable magazine. -(8) Any shotgun with a revolving cylinder. -(b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. -(c) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subdivision (d). -(d) “Assault weapon” does not include either of the following: -(1) Any antique firearm. -(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c): -MANUFACTURER -MODEL -CALIBER -BENELLI -MP90 -.22LR -BENELLI -MP90 -.32 S&W LONG -BENELLI -MP95 -.22LR -BENELLI -MP95 -.32 S&W LONG -HAMMERLI -280 -.22LR -HAMMERLI -280 -.32 S&W LONG -HAMMERLI -SP20 -.22LR -HAMMERLI -SP20 -.32 S&W LONG -PARDINI -GPO -.22 SHORT -PARDINI -GP-SCHUMANN -.22 SHORT -PARDINI -HP -.32 S&W LONG -PARDINI -MP -.32 S&W LONG -PARDINI -SP -.22LR -PARDINI -SPE -.22LR -WALTHER -GSP -.22LR -WALTHER -GSP -.32 S&W LONG -WALTHER -OSP -.22 SHORT -WALTHER -OSP-2000 -.22 SHORT -(3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (c) to exempt new models of competitive pistols that would otherwise fall within the definition of “assault weapon” pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant. -SEC. 2. -Section 30680 is added to the Penal Code, to read: -30680. -Section 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable: -(a) Prior to January 1, 2017, the person would have been eligible to register that assault weapon pursuant to subdivision (b) of Section 30900. -(b) The person lawfully possessed that assault weapon prior to January 1, 2017. -(c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900. -SEC. 3. -Section 30900 of the Penal Code is amended to read: -30900. -(a) (1) Any person who, prior to June 1, 1989, lawfully possessed an assault weapon, as defined in former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989, shall register the firearm by January 1, 1991, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended by Section 1 of Chapter 874 of the Statutes of 1990 or Section 3 of Chapter 954 of the Statutes of 1991, shall register the firearm within 90 days with the Department of Justice pursuant to those procedures that the department may establish. -(2) Except as provided in Section 30600, any person who lawfully possessed an assault weapon prior to the date it was defined as an assault weapon pursuant to former Section 12276.1, as it read in Section 7 of Chapter 129 of the Statutes of 1999, and which was not specified as an assault weapon under former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, or former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, shall register the firearm by January 1, 2001, with the department pursuant to those procedures that the department may establish. -(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate. -(4) The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the reasonable processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act but not to exceed the reasonable costs of the department. The fees shall be deposited into the Dealers’ Record of Sale Special Account. -(b) (1) Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before January 1, 2018, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5). -(2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department. -(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number. -(4) The department may charge a fee in an amount of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the department. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account to be used for purposes of this section. -(5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 5. -This act shall become operative only if Senate Bill 880 of the 2015–16 Regular Session is enacted and takes effect on or before January 1, 2017.","(1) Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law enforcement officers. Under existing law, “assault weapon” means, among other things, a semiautomatic centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of -several -specified attributes, including, for rifles, a thumbhole stock, and for pistols, a 2nd handgrip. -This bill would revise this definition of “assault weapon” to mean a semiautomatic centerfire rifle or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes. The bill would also define “fixed magazine” to mean an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. -By expanding the definition of an existing crime, the bill would impose a state-mandated local program. -(2) Existing law makes any person who, within this state, possesses an assault weapon, except as otherwise provided, guilty of a misdemeanor or a felony. -This bill would exempt from punishment under that prohibition a person who possessed an assault weapon prior to January 1, 2017, if specified requirements are met. -(3) Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice. Existing law permits the Department of Justice to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act. Existing law requires those fees to be deposited into the Dealers’ Record of Sale Special Account. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies. -This bill would require that any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, -and -including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm with the Department of Justice before January 1, 2018, but not before the effective date of specified regulations. The bill would permit the department to increase the $20 registration fee as long as it does not exceed the reasonable processing costs of the department. The bill would also require registrations to be submitted electronically via the Internet utilizing a public-facing application made available by the department. The bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. The bill would permit the department to charge a fee of up to $15 per person for registration through the Internet, not to exceed the reasonable processing costs of the department to be paid and deposited, as specified, for purposes of the registration program. The bill would require the department to adopt regulations for the purpose of implementing those provisions and would exempt those regulations from the Administrative Procedure Act. The bill would also make technical and conforming changes. -(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -(5) This bill would become operative only if SB 880 of the 2015–16 Regular Session is enacted and takes effect on or before January 1, 2017.","An act to amend Sections 30515 and 30900 of, and to add Section 30680 to, the Penal Code, relating to firearms." -879,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 4.5 (commencing with Section 111548) is added to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, to read: -Article 4.5. Right to Try Act -111548. -This article shall be known and may be cited as the Right to Try Act. -111548.1. -For purposes of this article, unless the context otherwise requires, the following definitions shall apply: -(a) “Consulting physician” means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act who performs all of the following: -(1) Examines the qualified individual and his or her relevant medical records. -(2) Confirms, in writing, the primary physician’s diagnosis and prognosis. -(3) Verifies, in the opinion of the consulting physician, that the eligible patient is competent, acting voluntarily, and has made an informed decision. -(b) “Eligible patient” means a person who meets all of the following conditions: -(1) Has an immediately life-threatening disease or condition. -(2) Has considered all other treatment options currently approved by the United States Food and Drug Administration. -(3) Has not been accepted to participate in the nearest clinical trial to his or her home for the immediately life-threatening disease or condition identified in paragraph (1) within one week of completion of the clinical trial application process, or, in the treating physician’s medical judgment, it is unreasonable for the patient to participate in that clinical trial due to the patient’s current condition and stage of disease. -(4) Has received a recommendation from his or her primary physician and a consulting physician for an investigational drug, biological product, or device. -(5) Has given written informed consent for the use of the investigational drug, biological product, or device, or, if he or she lacks the capacity to consent, his or her legally authorized representative has given written informed consent on his or her behalf. -(6) Has documentation from his or her primary physician and a consulting physician attesting that the patient has met the requirements of this subdivision. -(c) “Health benefit plan” means a plan or program that provides, arranges, pays for, or reimburses the cost of health benefits. “Health benefit plan” includes, but is not limited to, a health care service plan contract issued by a health care service plan, as defined in Section 1345, and a policy of health insurance, as defined in Section 106 of the Insurance Code, issued by a health insurer. -(d) “Immediately life-threatening disease or condition” means a stage of disease in which there is a reasonable likelihood that death will occur within a matter of months. -(e) “Investigational drug, biological product, or device” means a drug, biological product, or device that has successfully completed phase one of a clinical trial approved by the United States Food and Drug Administration, but has not been approved for general use by the United States Food and Drug Administration and remains under investigation in a clinical trial approved by the United States Food and Drug Administration. -(f) “Primary physician” means a physician and surgeon licensed under the Medical Practice Act or an osteopathic physician and surgeon licensed under the Osteopathic Act. -(g) “State regulatory board” means the Medical Board of California or the Osteopathic Medical Board of California. -(h) (1) “Written, informed consent” means a written document that has been approved by the primary physician’s institutional review board or an accredited independent institutional review board, is signed by an eligible patient, or his or her legally authorized representative when the patient lacks the capacity to consent, and attested to by the patient’s primary physician and a witness that, at a minimum, does all of the following: -(A) Explains the currently approved products and treatments for the immediately life-threatening disease or condition from which the patient suffers. -(B) Attests to the fact that the patient, or when the patient lacks the capacity to consent his or her legally authorized representative, concurs with the patient’s primary physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient’s life. -(C) Clearly identifies the specific proposed investigational drug, biological product, or device that the patient is seeking to use. -(D) Describes the potentially best and worst outcomes of using the investigational drug, biological product, or device and describes the most likely outcome. This description shall include the possibility that new, unanticipated, different, or worse symptoms might result and that death could be hastened by the proposed treatment. The description shall be based on the primary physician’s knowledge of the proposed treatment in conjunction with an awareness of the patient’s condition. -(E) Clearly states that the patient’s health benefit plan, if any, and health care provider are not obligated to pay for the investigational drug, biological product, or device or any care or treatments consequent to use of the investigational drug, biological product, or device. -(F) Clearly states that the patient’s eligibility for hospice care may be withdrawn if the patient begins curative treatment and that care may be reinstated if the curative treatment ends and the patient meets hospice eligibility requirements. -(G) Clearly states that in-home health care may be denied if treatment begins. -(H) States that the patient understands that he or she is liable for all expenses consequent to the use of the investigational drug, biological product, or device, and that this liability extends to the patient’s estate, except as otherwise provided in the patient’s health benefit plan or a contract between the patient and the manufacturer of the drug, biological product, or device. -(2) Written, informed consent for purposes of this article shall be consistent with the informed consent requirements of the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20). -111548.2. -(a) Notwithstanding Section 110280, 111520, or 111550, a manufacturer of an investigational drug, biological product, or device may make available the manufacturer’s investigational drug, biological product, or device to an eligible patient pursuant to this article. This article does not require that a manufacturer make available an investigational drug, biological product, or device to an eligible patient. -(b) A manufacturer may do both of the following: -(1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation. -(2) Require an eligible patient to pay the costs of, or associated with, the manufacture of the investigational drug, biological product, or device. -(c) (1) This article does not expand the coverage provided under Sections 1370.4 and 1370.6 of this code, Sections 10145.3 and 10145.4 of the Insurance Code, or Sections 14087.11 and 14132.98 of the Welfare and Institutions Code. -(2) This article does not require a health benefit plan to provide coverage for the cost of any investigational drug, biological product, or device, or the costs of services related to the use of an investigational drug, biological product, or device under this article. A health benefit plan may provide coverage for an investigational drug, biological product, or device made available pursuant to this section. -(d) If the clinical trial for an investigational drug, biological product, or device is closed due to the lack of efficacy or for toxicity, the investigational drug, biological product, or device shall not be offered. If notice of closure of a clinical trial is given for an investigational drug, biological product, or device taken by a patient outside of a clinical trial, the manufacturer and the patient’s primary physician shall notify the patient of the information from the safety committee of the clinical trial. -(e) If an eligible patient dies while being treated by an investigational drug, biological product, or device made available pursuant to this article, the patient’s heirs and health benefit plan, except to the extent the plan provided coverage pursuant to paragraph (2) of subdivision (c), are not liable for any outstanding debt related to the treatment or lack of insurance for the treatment. -111548.3. -(a) Notwithstanding any other law, a state regulatory board shall not revoke, fail to renew, or take any other disciplinary action against a physician’s license based on the physician’s recommendation to an eligible patient regarding, or prescription for or treatment with, an investigational drug, biological product, or device if the recommendation or prescription is consistent with protocol approved by the physician’s institutional review board or an accredited independent institutional review board. -(b) The physician’s institutional review board or an accredited institutional review board shall biannually report the following information to the State Department of Public Health, the Medical Board of California, and the Osteopathic Medical Board of California: -(1) The number of requests made for an investigational drug, biological product, or device. -(2) The status of the requests made. -(3) The duration of the treatment. -(4) The costs of the treatment paid by eligible patients. -(5) The success or failure of the investigational drug, biological product, or device in treating the immediately life-threatening disease or condition from which the patient suffers. -(6) Any adverse event for each investigational drug, biological product, or device. -(c) A state agency shall not alter any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider’s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that a patient have access to an investigational drug, biological product, or device. -(d) A violation of this section shall not be subject to Chapter 8 (commencing with Section 111825). -111548.5. -This article does not create a private cause of action, and actions taken pursuant to this article shall not serve as a basis for a civil, criminal, or disciplinary claim or cause of action, including, but not limited to, product liability, medical negligence, or wrongful death, against a manufacturer of an investigational drug, biological product, or device, or against any other person or entity involved in the care of an eligible patient for harm done to the eligible patient or his or her heirs resulting from the investigational drug, biological product, or device, or the use or nonuse thereof, if the manufacturer or other person or entity has complied with the terms of this article in relation to the eligible patient, unless there was a failure to exercise reasonable care.","Existing law, the federal Food, Drug, and Cosmetic Act, prohibits a person from introducing into interstate commerce any new drug unless the drug has been approved by the United States Food and Drug Administration (FDA). Existing law requires the sponsor of a new drug to submit to the FDA an investigational new drug application and to then conduct a series of clinical trials to establish the safety and efficacy of the drug in human populations and submit the results to the FDA in a new drug application. -Existing law, the Sherman Food, Drug, and Cosmetic Law, regulates the packaging, labeling, and advertising of drugs and devices and is administered by the State Department of Public Health. A violation of that law is a crime. The Sherman Food, Drug, and Cosmetic Law prohibits, among other things, the sale, delivery, or giving away of a new drug or new device unless either the department has approved a new drug or device application for that new drug or new device and that approval has not been withdrawn, terminated, or suspended or the drug or device has been approved pursuant to specified provisions of federal law, including the federal Food, Drug, and Cosmetic Act. -The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and requires the board to take action against a licensee who is charged with unprofessional conduct. The Osteopathic Act provides for the licensure and regulation of osteopathic physicians and surgeons by the Osteopathic Medical Board of California and requires the board to enforce the Medical Practice Act with respect to its licensees. -This bill would permit a manufacturer of an investigational drug, biological product, or device to make the product available to eligible patients with an immediately life-threatening disease or condition, as specified. The bill would authorize, but not require, a health benefit plan, as defined, to provide coverage for any investigational drug, biological product, or device made available pursuant to these provisions. The bill would prohibit the Medical Board of California and the Osteopathic Medical Board of California from taking any disciplinary action against the license of a physician based on the physician’s recommendation to an eligible patient regarding, or prescription for, or treatment with, an investigational drug, biological product, or device if the recommendation or prescription is consistent with protocol approved by the physician’s institutional review board or an accredited institutional review board, and would require the institutional review board to biannually report specified information to the State Department of Public Health, among others. The bill would prohibit a state agency from altering any recommendation made to the federal Centers for Medicare and Medicaid Services regarding a health care provider’s certification to participate in the Medicare or Medicaid program based solely on the recommendation from an individual health care provider that a patient have access to an investigational drug, biological product, or device.","An act to add Article 4.5 (commencing with Section 111548) to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, relating to drugs and devices." -880,"The people of the State of California do enact as follows: - - -SECTION 1. -The heading of Chapter 4.6 (commencing with Section 1070) of Part 3 of Division 2 of the Labor Code is amended to read: -CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste -SEC. 2. -Section 1070 of the Labor Code is amended to read: -1070. -The Legislature finds and declares all of the following: -(a) That when public agencies with jurisdiction over public transit services or the collection and transportation of solid waste award contracts to operate bus and rail services, or to provide for the collection and transportation of solid waste to a new contractor, qualified employees of the prior contractor who are not reemployed by the successor contractor face significant economic dislocation as a result. -(b) That those displaced employees rely unnecessarily upon the unemployment insurance system, public social services, and health programs, increasing costs to these vital government programs and placing a significant burden upon both the government and the taxpayers. -(c) That it serves an important social purpose to establish incentives for contractors who bid on public transit service contracts or contracts for the collection and transportation of solid waste to retain qualified employees of the prior contractor to perform the same or similar work. -SEC. 3. -Section 1071 of the Labor Code is amended to read: -1071. -The following definitions apply to this chapter: -(a) “Awarding authority” means any local government agency, including any city, county, special district, transit district, joint powers authority, or nonprofit corporation that awards or otherwise enters into contracts for public transit services or for the collection and transportation of solid waste performed within the State of California. -(b) “Bidder” means any person who submits a bid to an awarding authority for a public transit service contract, an exclusive contract for the collection and transportation of solid waste, or a subcontract. -(c) “Contractor” means any person who enters into a public transit service contract or an exclusive contract for the collection and transportation of solid waste with an awarding authority. -(d) “Employee” means any individual who works for a contractor or subcontractor under a contract. “Employee” does not include an executive, administrative, or professional employee exempt from the payment of overtime compensation within the meaning of subdivision (a) of Section 515 or any person who is not an “employee” as defined under Section 2(3) of the National Labor Relations Act (29 U.S.C. Sec. 152(3)). -(e) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts. -(f) “Public transit services” means the provision of passenger transportation services to the general public, including paratransit service. -(g) “Service contract” means any contract the principal purpose of which is to provide public transit services or the exclusive right to provide collection and transportation of solid waste through the use of employees. -(h) “Solid waste” has the same meaning as defined in Section 40191 of the Public Resources Code. -(i) “Subcontractor” means any person who is not an employee who enters into a contract with a contractor to perform a portion of the contractor’s express obligations under a service contract. “Subcontractor” does not include a contractor’s vendors, suppliers, insurers, or other service providers. -SEC. 4. -Section 1072 of the Labor Code is amended to read: -1072. -(a) A bidder shall declare as part of the bid for a service contract whether or not the bidder will retain the employees of the prior contractor or subcontractor for a period of not less than 90 days, as provided in this chapter, if awarded the service contract. -(b) An awarding authority letting a service contract out to bid shall give a 10 percent preference to any bidder who agrees to retain the employees of the prior contractor or subcontractor pursuant to subdivision (a). -(c) (1) If the awarding authority announces that it intends to let a service contract out to bid, the existing service contractor, within a reasonable time, shall provide to the awarding authority the number of employees who are performing services under the service contract and the wage rates, benefits, and job classifications of those employees. In addition, the existing service contractor shall make this information available to any entity that the awarding authority has identified as a bona fide bidder. This information shall be made available to each bona fide bidder in writing at least 30 days before bids for the service contract are due, whether by inclusion of the information in the request for bids or otherwise. If the successor service contract is awarded to a new contractor, the existing contractor shall provide the names, addresses, dates of hire, wages, benefit levels, and job classifications of employees to the successor contractor. The duties imposed by this subdivision shall be contained in all service contracts. -(2) A successor contractor or subcontractor who agrees to retain employees pursuant to subdivision (a) shall retain employees who have been employed by the prior contractor or subcontractors, except for reasonable and substantiated cause. That cause is limited to the particular employee’s performance or conduct while working under the prior contract or the employee’s failure of any controlled substances and alcohol test, physical examination, criminal background check required by law as a condition of employment, or other standard hiring qualification lawfully required by the successor contractor or subcontractor. -(3) The successor contractor or subcontractor shall make a written offer of employment to each employee to be retained pursuant to subdivision (a). That offer shall state the time within which the employee must accept that offer, but in no case less than 10 days. Nothing in this section requires the successor contractor or subcontractor to pay the same wages or offer the same benefits provided by the prior contractor or subcontractor. -(4) If, at any time, the successor contractor or subcontractor determines that fewer employees are required than were required under the prior contract or subcontract, the successor contractor or subcontractor shall retain qualified employees by seniority within the job classification. In determining those employees who are qualified, the successor contractor or subcontractor may require an employee to possess any license that is required by law to operate the equipment that the employee will operate as an employee of the successor contractor or subcontractor. -SEC. 5. -Section 1075 is added to the Labor Code, to read: -1075. -Notwithstanding any other provision of this chapter, the following shall apply to service contracts for the collection and transportation of solid waste: -(a) A successor contractor or subcontractor shall be required to retain only employees of a contractor or subcontractor under a prior service contract whose employment would be terminated if the service contract were awarded to another contractor or subcontractor. -(b) A successor contractor or subcontractor shall not be required to retain an employee of a contractor or subcontractor under a prior service contract under any of the following circumstances: -(1) If the employee of the prior contractor or subcontractor does not meet any standard hiring qualification lawfully required by the successor contractor or subcontractor for the position. -(2) If the successor contractor or subcontractor would be required to terminate or reassign an existing employee covered under a collective bargaining agreement with the successor contractor or subcontractor in order to hire the employee of the prior contractor or subcontractor. -(3) If, and to the extent, the actual number of employees meeting the requirements of this chapter exceeds the number of those employees communicated to bona fide bidders in accordance with paragraph (1) of subdivision (c) of Section 1072. -(c) An employee or his or her agent shall not bring an action against a successor contractor or subcontractor under subdivision (a) of Section 1073 without first giving the successor contractor or subcontractor written notice of the violation or breach and 30 days to cure the violation or breach. An awarding authority shall not terminate a service contract under subdivision (a) of Section 1074 without first giving the successor contractor or subcontractor written notice of the violation or breach and 30 days to cure the violation or breach. -(d) This chapter shall only apply to service contracts for the collection and transportation of solid waste when an awarding agency decides to let an exclusive solid waste collection and transportation contract out to bid. It is not intended to determine whether or not a local agency should procure a service contract by inviting bids, extend an existing service contract, renegotiate its service contract with the prior contractor, or exercise any other right it possesses pursuant to Section 40059 of the Public Resources Code to determine aspects of solid waste handling that are of local concern. -(e) This chapter does not modify, limit, or abrogate in any manner any franchise, contract, license, or permit granted or extended by a city, county, or other local government agency before January 1, 2017. -SEC. 6. -Section 1076 is added to the Labor Code, to read: -1076. -The amendments and additions to this chapter made by the act adding this section shall not apply to contracts awarded before January 1, 2017, or to contracts for which the bid process has been completed before January 1, 2017. -SEC. 7. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires a local government agency letting a public transit service contract out to bid to give a bidding preference for contractors and subcontractors who agree to retain for a specified period certain employees who were employed to perform essentially the same services by the previous contractor or subcontractor. Such a contractor or subcontractor is required to offer employment to those employees, except for reasonable and substantiated cause. Existing law requires a successor contractor or subcontractor that determines that fewer employees are needed than under the prior contract to retain qualified employees by seniority within the job classification. The existing contractor is required to provide prescribed information regarding employment under the existing service contract to the awarding authority, any entity that the awarding authority identifies as a bona fide bidder, and the successor contractor. Existing law authorizes an employee who was not offered employment or who has been discharged in violation of existing law, or his or her agent, to bring an action against the successor contractor or subcontractor in any superior court having jurisdiction over the successor contractor or subcontractor. Existing law authorizes an awarding authority to terminate a service contract under prescribed circumstances. -This bill would expand the application of these provisions to exclusive contracts for the collection and transportation of solid waste. The bill would require the information provided to a bona fide bidder to be made available in writing at least 30 days before bids for the service contract are due. The bill would establish certain provisions applicable only to service contracts for the collection and transportation of solid waste, including limits on the requirement to retain employees and specified requirements for notice and opportunity to cure in the context of civil action or termination. The bill would not apply to contracts awarded before January 1, 2017, or to contracts for which the bid process has been completed before January 1, 2017. By requiring local agencies to give a bidding preference under these provisions to those contractors and subcontractors for the collection and transportation of solid waste, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 1070, 1071, and 1072 of, to amend the heading of Chapter 4.6 (commencing with Section 1070) of Part 3 of Division 2 of, and to add Sections 1075 and 1076 to, the Labor Code, relating to employment." -881,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 632 of the Penal Code is amended to read: -632. -(a) A person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section or Section 631, 632.5, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) per violation, by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. -(b) For the purposes of this section, “person” means an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government or subdivision thereof, whether federal, state, or local, but excludes an individual known by all parties to a confidential communication to be overhearing or recording the communication. -(c) For the purposes of this section, “confidential communication” means any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive, or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded. -(d) Except as proof in an action or prosecution for violation of this section, evidence obtained as a result of eavesdropping upon or recording a confidential communication in violation of this section is not admissible in any judicial, administrative, legislative, or other proceeding. -(e) This section does not apply (1) to any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, if the acts otherwise prohibited by this section are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility, (2) to the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of a public utility, or (3) to any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility. -(f) This section does not apply to the use of hearing aids and similar devices, by persons afflicted with impaired hearing, for the purpose of overcoming the impairment to permit the hearing of sounds ordinarily audible to the human ear. -SEC. 2. -Section 632.01 is added to the Penal Code, to read: -632.01. -(a) (1) A person who violates subdivision (a) of Section 632 shall be punished pursuant to subdivision (b) if the person intentionally discloses or distributes, in any manner, in any forum, including, but not limited to, Internet Web sites and social media, or for any purpose, the contents of a confidential communication with a health care provider that is obtained by that person in violation of subdivision (a) of Section 632. For purposes of this subdivision, “social media” means an electronic service or account, or electronic content, including, but not limited to, videos or still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. -(2) Notwithstanding any other provision of law, to aid and abet a violation of paragraph (1), for the purposes of Section 31, the person shall either violate, or aid and abet in a violation of, both Section 632 and paragraph (1). -(b) A violation of subdivision (a) shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) per violation, by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. -(c) For purposes of this section, “health care provider” means any of the following: -(1) A person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code. -(2) A person licensed pursuant to the Osteopathic Initiative Act or the Chiropractic Initiative Act. -(3) A person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code. -(4) A clinic, health dispensary, or health facility licensed or exempt from licensure pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. -(5) An employee, volunteer, or contracted agent of any group practice prepayment health care service plan regulated pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). -(6) An employee, volunteer, independent contractor, or professional student of a clinic, health dispensary, or health care facility or health care provider described in this subdivision. -(7) A professional organization that represents any of the other health care providers described in this subdivision. -(d) (1) Subdivision (a) does not apply to the disclosure or distribution of a confidential communication pursuant to any of the following: -(A) Any party as described in Section 633 acting within the scope of his or her authority overhearing or recording a confidential communication that he or she may lawfully overhear or record pursuant to that section. -(B) Any party as described in Section 633.02 overhearing or recording a confidential communication related to sexual assault or other sexual offense that he or she may lawfully overhear or record pursuant to that section, or using or operating a body-worn camera as authorized pursuant to that section. -(C) A city attorney as described in Section 633.05 overhearing or recording any communication that he or she may lawfully overhear or record pursuant to that section. -(D) An airport law enforcement officer recording a communication received on an incoming telephone line pursuant to Section 633.1. -(E) A party to a confidential communication recording the communication for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of a crime as specified in Section 633.5. -(F) A victim of domestic violence recording a prohibited communication made to him or her by the perpetrator pursuant to Section 633.6. -(G) A peace officer using electronic amplifying or recording devices to eavesdrop on and record the otherwise confidential oral communications of individuals within a location when responding to an emergency situation that involves the taking of a hostage or the barricading of a location pursuant to Section 633.8. -(2) This section does not affect the admissibility of any evidence that would otherwise be admissible pursuant to the authority of any section specified in paragraph (1). -SEC. 3. -Section 633.5 of the Penal Code is amended to read: -633.5. -Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits one party to a confidential communication from recording the communication for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of the crime of extortion, kidnapping, bribery, any felony involving violence against the person, including, but not limited to, human trafficking, as defined in Section 231.6, or a violation of Section 653m. Sections 631, 632, 632.5, 632.6, and 632.7 do not render any evidence so obtained inadmissible in a prosecution for extortion, kidnapping, bribery, any felony involving violence against the person, including, but not limited to, human trafficking, as defined in Section 231.6, a violation of Section 653m, or any crime in connection therewith. -SEC. 4. -Section 637.2 of the Penal Code is amended to read: -637.2. -(a) Any person who has been injured by a violation of this chapter may bring an action against the person who committed the violation for the greater of the following amounts: -(1) Five thousand dollars ($5,000) per violation. -(2) Three times the amount of actual damages, if any, sustained by the plaintiff. -(b) Any person may, in accordance with Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, bring an action to enjoin and restrain any violation of this chapter, and may in the same action seek damages as provided by subdivision (a). -(c) It is not a necessary prerequisite to an action pursuant to this section that the plaintiff has suffered, or be threatened with, actual damages. -(d) This section shall not be construed to affect Title 4 (commencing with Section 3425.1) of Part 1 of Division 4 of the Civil Code. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law makes it a crime, subject to specified exemptions, for a person to intentionally eavesdrop upon or record a confidential communication by means of an electronic amplifying or recording device without the consent of all parties to the confidential communication. Existing law defines a confidential communication as any communication carried on in circumstances that reasonably indicate that any party to the communication desires it to be confined to the parties thereto. Existing law exempts from the prohibition the recording of a confidential communication made for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of certain crimes, including any felony involving violence against the person making the recording. -This bill additionally would make it a crime for a person who unlawfully eavesdrops upon or records a confidential communication as described above with a health care provider, as defined, to intentionally disclose or distribute the contents of the confidential communication without the consent of all parties to the confidential communication unless specified conditions are met. The bill would make this prohibition subject to the same exemptions as are applicable to the prohibition on eavesdropping upon or recording a confidential communication as described above. The bill would also specify the conduct that constitutes aiding and abetting the commission of those offenses, as specified. The bill would specify, with respect to the exemption for recording communications believed to relate to the commission of a crime by a party to the communication, that a felony involving violence includes human trafficking, as defined. By creating a new crime, this bill would impose a state-mandated local program. -(2) Existing law authorizes any person who has been injured by a violation of the prohibition on eavesdropping upon or recording confidential communications, and related offenses, to bring an action against the person who committed the violation to enjoin and restrain the violation, as well as to bring an action for monetary damages, as specified. -This bill would provide that the monetary damages be imposed per violation of the above-described provisions. -(3) Existing law makes the above-specified crime of eavesdropping punishable by a fine not to exceed $2,500 or imprisonment in a county jail not exceeding one year, or in the state prison for 16 months or 2 or 3 years. If the person has previously been convicted of eavesdropping, or has previously been convicted of specified invasion of privacy crimes, existing law requires the person to be punished by a fine not exceeding $10,000, by imprisonment in a county jail not exceeding one year, or in the state prison for 16 months or 2 or 3 years. -This bill would require the above-specified fines to be imposed on a per-violation basis and would impose the same penalties prescribed for the unlawful eavesdropping upon or recording of a confidential communication to the disclosure crimes created by the bill. The bill also would make various technical, nonsubstantive changes to existing law. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 632, 633.5, and 637.2 of, and to add Section 632.01 to, the Penal Code, relating to confidential communications." -882,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 16520 of the Penal Code is amended to read: -16520. -(a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. -(b) As used in the following sections, “firearm” includes the frame or receiver of the weapon, as defined in subdivision (h): -(1) Section 16550. -(2) Section 16730. -(3) Section 16960. -(4) Section 16990. -(5) Section 17070. -(6) Section 17310. -(7) Sections 26500 to 26588, inclusive. -(8) Sections 26600 to 27140, inclusive. -(9) Sections 27400 to 28000, inclusive. -(10) Section 28100. -(11) Sections 28400 to 28415, inclusive. -(12) Sections 29010 to 29150, inclusive. -(13) Sections 29610 to 29750, inclusive. -(14) Sections 29800 to 29905, inclusive. -(15) Sections 30150 to 30165, inclusive. -(16) Section 31615. -(17) Sections 31705 to 31830, inclusive. -(18) Sections 34355 to 34370, inclusive. -(19) Sections 8100, 8101, and 8103 of the Welfare and Institutions Code. -(c) As used in the following provisions, “firearm” also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes: -(1) Section 16750. -(2) Subdivision (b) of Section 16840. -(3) Section 25400. -(4) Sections 25850 to 26025, inclusive. -(5) Subdivisions (a), (b), and (c) of Section 26030. -(6) Sections 26035 to 26055, inclusive. -(d) As used in the following provisions, “firearm” does not include an unloaded antique firearm: -(1) Subdivisions (a) and (c) of Section 16730. -(2) Section 16550. -(3) Section 16960. -(4) Section 17310. -(5) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4. -(6) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4. -(7) Sections 26500 to 26588, inclusive. -(8) Sections 26700 to 26915, inclusive. -(9) Section 27510. -(10) Section 27530. -(11) Section 27540. -(12) Section 27545. -(13) Sections 27555 to 27585, inclusive. -(14) Sections 29010 to 29150, inclusive. -(15) Section 25135. -(e) As used in Sections 34005 and 34010, “firearm” does not include a destructive device. -(f) As used in Sections 17280 and 24680, “firearm” has the same meaning as in Section 922 of Title 18 of the United States Code. -(g) As used in Sections 29010 to 29150, inclusive, “firearm” includes the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver. -(h) As used in this section, “frame” and “receiver” means that part of a firearm which provides housing for the hammer, bolt, or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel, and includes a frame or receiver blank, casting, or machined body that requires further machining or molding to be used as part of a functional weapon so long as it has been designed and is clearly identifiable as being used exclusively as part of a functional weapon. -SEC. 1.1. -Section 16520 of the Penal Code is amended to read: -16520. -(a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. -(b) As used in the following sections, “firearm” includes the frame or receiver of the weapon, as defined in subdivision (h): -(1) Section 16550. -(2) Section 16730. -(3) Section 16960. -(4) Section 16990. -(5) Section 17070. -(6) Section 17310. -(7) Sections 25250 to 25275, inclusive. -(8) Sections 26500 to 26588, inclusive. -(9) Sections 26600 to 27140, inclusive. -(10) Sections 27400 to 28000, inclusive. -(11) Section 28100. -(12) Sections 28400 to 28415, inclusive. -(13) Sections 29010 to 29150, inclusive. -(14) Sections 29610 to 29750, inclusive. -(15) Sections 29800 to 29905, inclusive. -(16) Sections 30150 to 30165, inclusive. -(17) Section 31615. -(18) Sections 31705 to 31830, inclusive. -(19) Sections 34355 to 34370, inclusive. -(20) Sections 8100, 8101, and 8103 of the Welfare and Institutions Code. -(c) As used in the following provisions, “firearm” also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes: -(1) Section 16750. -(2) Subdivision (b) of Section 16840. -(3) Section 25400. -(4) Sections 25850 to 26025, inclusive. -(5) Subdivisions (a), (b), and (c) of Section 26030. -(6) Sections 26035 to 26055, inclusive. -(d) As used in the following provisions, “firearm” does not include an unloaded antique firearm: -(1) Subdivisions (a) and (c) of Section 16730. -(2) Section 16550. -(3) Section 16960. -(4) Section 17310. -(5) Division 4.5 (commencing with Section 25250) of Title 4. -(6) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4. -(7) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4. -(8) Sections 26500 to 26588, inclusive. -(9) Sections 26700 to 26915, inclusive. -(10) Section 27510. -(11) Section 27530. -(12) Section 27540. -(13) Section 27545. -(14) Sections 27555 to 27585, inclusive. -(15) Sections 29010 to 29150, inclusive. -(16) Section 25135. -(e) As used in Sections 34005 and 34010, “firearm” does not include a destructive device. -(f) As used in Sections 17280 and 24680, “firearm” has the same meaning as in Section 922 of Title 18 of the United States Code. -(g) As used in Sections 29010 to 29150, inclusive, “firearm” includes the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver. -(h) As used in this section, “frame” and “receiver” means that part of a firearm which provides housing for the hammer, bolt, or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel, and includes a frame or receiver blank, casting, or machined body that requires further machining or molding to be used as part of a functional weapon so long as it has been designed and is clearly identifiable as being used exclusively as part of a functional weapon. -SEC. 1.2. -Section 16520 of the Penal Code is amended to read: -16520. -(a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. -(b) As used in the following sections, “firearm” includes the frame or receiver of the weapon, as defined in subdivision (h): -(1) Section 16550. -(2) Section 16730. -(3) Section 16960. -(4) Section 16990. -(5) Section 17070. -(6) Section 17310. -(7) Sections 26500 to 26588, inclusive. -(8) Sections 26600 to 27140, inclusive. -(9) Sections 27400 to 28000, inclusive. -(10) Section 28100. -(11) Sections 28400 to 28415, inclusive. -(12) Sections 29010 to 29150, inclusive. -(13) Section 29180. -(14) Sections 29610 to 29750, inclusive. -(15) Sections 29800 to 29905, inclusive. -(16) Sections 30150 to 30165, inclusive. -(17) Section 31615. -(18) Sections 31705 to 31830, inclusive. -(19) Sections 34355 to 34370, inclusive. -(20) Sections 8100, 8101, and 8103 of the Welfare and Institutions Code. -(c) As used in the following provisions, “firearm” also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes: -(1) Section 16750. -(2) Subdivision (b) of Section 16840. -(3) Section 25400. -(4) Sections 25850 to 26025, inclusive. -(5) Subdivisions (a), (b), and (c) of Section 26030. -(6) Sections 26035 to 26055, inclusive. -(d) As used in the following provisions, “firearm” does not include an unloaded antique firearm: -(1) Subdivisions (a) and (c) of Section 16730. -(2) Section 16550. -(3) Section 16960. -(4) Section 17310. -(5) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4. -(6) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4. -(7) Sections 26500 to 26588, inclusive. -(8) Sections 26700 to 26915, inclusive. -(9) Section 27510. -(10) Section 27530. -(11) Section 27540. -(12) Section 27545. -(13) Sections 27555 to 27585, inclusive. -(14) Sections 29010 to 29150, inclusive. -(15) Section 25135. -(16) Section 29180. -(e) As used in Sections 34005 and 34010, “firearm” does not include a destructive device. -(f) As used in Sections 17280 and 24680, “firearm” has the same meaning as in Section 922 of Title 18 of the United States Code. -(g) As used in Sections 29010 to 29150, inclusive, “firearm” includes the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver. -(h) As used in this section, “frame” and “receiver” means that part of a firearm which provides housing for the hammer, bolt, or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel, and includes a frame or receiver blank, casting, or machined body that requires further machining or molding to be used as part of a functional weapon so long as it has been designed and is clearly identifiable as being used exclusively as part of a functional weapon. -SEC. 1.3. -Section 16520 of the Penal Code is amended to read: -16520. -(a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. -(b) As used in the following sections, “firearm” includes the frame or receiver of the weapon, as defined in subdivision (h): -(1) Section 16550. -(2) Section 16730. -(3) Section 16960. -(4) Section 16990. -(5) Section 17070. -(6) Section 17310. -(7) Sections 25250 to 25275, inclusive. -(8) Sections 26500 to 26588, inclusive. -(9) Sections 26600 to 27140, inclusive. -(10) Sections 27400 to 28000, inclusive. -(11) Section 28100. -(12) Sections 28400 to 28415, inclusive. -(13) Sections 29010 to 29150, inclusive. -(14) Section 29180. -(15) Sections 29610 to 29750, inclusive. -(16) Sections 29800 to 29905, inclusive. -(17) Sections 30150 to 30165, inclusive. -(18) Section 31615. -(19) Sections 31705 to 31830, inclusive. -(20) Sections 34355 to 34370, inclusive. -(21) Sections 8100, 8101, and 8103 of the Welfare and Institutions Code. -(c) As used in the following provisions, “firearm” also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes: -(1) Section 16750. -(2) Subdivision (b) of Section 16840. -(3) Section 25400. -(4) Sections 25850 to 26025, inclusive. -(5) Subdivisions (a), (b), and (c) of Section 26030. -(6) Sections 26035 to 26055, inclusive. -(d) As used in the following provisions, “firearm” does not include an unloaded antique firearm: -(1) Subdivisions (a) and (c) of Section 16730. -(2) Section 16550. -(3) Section 16960. -(4) Section 17310. -(5) Division 4.5 (commencing with Section 25250) of Title 4. -(6) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4. -(7) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4. -(8) Sections 26500 to 26588, inclusive. -(9) Sections 26700 to 26915, inclusive. -(10) Section 27510. -(11) Section 27530. -(12) Section 27540. -(13) Section 27545. -(14) Sections 27555 to 27585, inclusive. -(15) Sections 29010 to 29150, inclusive. -(16) Section 25135. -(17) Section 29180. -(e) As used in Sections 34005 and 34010, “firearm” does not include a destructive device. -(f) As used in Sections 17280 and 24680, “firearm” has the same meaning as in Section 922 of Title 18 of the United States Code. -(g) As used in Sections 29010 to 29150, inclusive, “firearm” includes the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver. -(h) As used in this section, “frame” and “receiver” means that part of a firearm which provides housing for the hammer, bolt, or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel, and includes a frame or receiver blank, casting, or machined body that requires further machining or molding to be used as part of a functional weapon so long as it has been designed and is clearly identifiable as being used exclusively as part of a functional weapon. -SEC. 2. -(a) Section 1.1 of this bill incorporates amendments to Section 16520 of the Penal Code proposed by both this bill and Senate Bill 894. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 16520 of the Penal Code, (3) Senate Bill 1407 and Assembly Bill 857 are not enacted or as enacted do not amend that section, and (4) this bill is enacted after Senate Bill 894, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative. -(b) Section 1.2 of this bill incorporates amendments to Section 16520 of the Penal Code proposed by this bill and both Senate Bill 1407 and Assembly Bill 857. It shall only become operative if (1) all bills are enacted, or just this bill and either Senate Bill 1407 or Senate Bill 857 are enacted and become effective on or before January 1, 2017, (2) each bill as enacted amends Section 16520 of the Penal Code, (3) Senate Bill 894 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1407 and Assembly Bill 857 in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative. -(c) Section 1.3 of this bill incorporates amendments to Section 16520 of the Penal Code proposed by this bill, Senate Bill 894, Senate Bill 1407, and Assembly Bill 857. It shall only become operative if (1) all bills are enacted, or this bill, Senate Bill 894, and either Senate Bill 1407 or Assembly Bill 857 are enacted and become effective on or before January 1, 2017, (2) each bill as enacted amends Section 16520 of the Penal Code, and (3) this bill is enacted after Senate Bill 894 and both Senate Bill 1407 and Assembly Bill 857, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally regulates the transfer and possession of firearms. Existing law defines the term “firearm” for various regulatory purposes, including, among others and subject to exceptions, the requirement that firearms be transferred by or through a licensed firearms dealer, the requirement of a 10-day waiting period prior to delivery of a firearm by a dealer, the requirement that firearm purchasers be subject to a background check, and the prohibition on certain classes of persons, such as felons, possessing firearms. Under existing law, the term “firearm” includes the frame or receiver of the weapon. Existing law makes a violation of certain of these prohibitions a crime. -This bill would define a frame or receiver as that part of a firearm which provides housing for the hammer, bolt, or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel, and would include within this definition a frame or receiver blank, casting, or machined body that requires further machining or molding to be used as part of a functional weapon so long as it has been designed and is clearly identifiable as being used exclusively as part of a functional weapon. -By expanding the scope of existing crimes, this bill would impose a state-mandated local program. -This bill would incorporate additional changes to Section 16520 of the Penal Code proposed by SB 894, SB 1407, and AB 857 which would become operative if this bill and those bills are enacted, as specified, and this bill is enacted last. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 16520 of the Penal Code, relating to firearms." -883,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 26835 of the Penal Code is amended to read: -26835. -A licensee shall post conspicuously within the licensed premises the following warnings in block letters not less than one inch in height: -(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING.” -(b) “IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING.” -(c) “IF YOU KEEP ANY FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF-PREMISES TO A SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.” -(d) “IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, WHERE A PERSON UNDER 18 YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.” -(e) “DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH HANDS THOROUGHLY AFTER EXPOSURE.” -(f) “FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM.” -(g) “NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE FIREARM WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE FIREARM WITHIN ANY 30-DAY PERIOD.” -SEC. 1.5. -Section 26835 of the Penal Code is amended to read: -26835. -A licensee shall post conspicuously within the licensed premises the following warnings in block letters not less than one inch in height: -(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING.” -(b) “IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING.” -(c) “IF YOU KEEP ANY FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF-PREMISES TO A SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.” -(d) “IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, WHERE A PERSON UNDER 18 YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.” -(e) “DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH HANDS THOROUGHLY AFTER EXPOSURE.” -(f) “FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM.” -(g) “NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE FIREARM WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE FIREARM WITHIN ANY 30-DAY PERIOD.” -(h) “IF A FIREARM YOU OWN OR POSSESS IS LOST OR STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS OR THEFT OCCURRED WITHIN FIVE DAYS OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.” -SEC. 2. -Section 27535 of the Penal Code is amended to read: -27535. -(a) A person shall not make an application to purchase more than one firearm within any 30-day period. -(b) Subdivision (a) does not apply to any of the following: -(1) Any law enforcement agency. -(2) Any agency duly authorized to perform law enforcement duties. -(3) Any state or local correctional facility. -(4) Any private security company licensed to do business in California. -(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does, carry a firearm during the course and scope of employment as a peace officer. -(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm. -(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540. -(8) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2. -(9) The exchange of a firearm where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement. -(10) The replacement of a firearm when the person’s firearm was lost or stolen, and the person reported that firearm lost or stolen prior to the completion of the application to purchase to any local law enforcement agency of the city, county, or city and county in which the person resides. -(11) The return of any firearm to its owner. -(12) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training. -(13) A transaction completed through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050) if both of the following conditions apply: -(A) The transferor is an executor or administrator of an estate. -(B) The transferee is a person acquiring ownership of the firearm by bequest or intestate succession from the estate. -(14) The purchase of a firearm that is not a handgun or a finished frame or receiver by a person who has been issued a valid hunting license by the state. -(15) The purchase of a firearm that is not a handgun acquired at an auction or similar event conducted by a nonprofit public benefit or mutual benefit corporation to fund the activities of that corporation or local chapters of that corporation. -SEC. 2.5. -Section 27535 of the Penal Code is amended to read: -27535. -(a) A person shall not make an application to purchase more than one firearm within any 30-day period. -(b) Subdivision (a) does not apply to any of the following: -(1) Any law enforcement agency. -(2) Any agency duly authorized to perform law enforcement duties. -(3) Any state or local correctional facility. -(4) Any private security company licensed to do business in California. -(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does, carry a firearm during the course and scope of employment as a peace officer. -(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm. -(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540. -(8) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2. -(9) The exchange of a firearm where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement. -(10) The replacement of a firearm when the person’s firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement firearm. -(11) The return of any firearm to its owner. -(12) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training. -(13) A transaction completed through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050) if both of the following conditions apply: -(A) The transferor is an executor or administrator of an estate. -(B) The transferee is a person acquiring ownership of the firearm by bequest or intestate succession from the estate. -(14) The purchase of a firearm that is not a handgun or a finished frame or receiver by a person who has been issued a valid hunting license by the state. -(15) The purchase of a firearm that is not a handgun acquired at an auction or similar event conducted by a nonprofit public benefit or mutual benefit corporation to fund the activities of that corporation or local chapters of that corporation. -SEC. 3. -Section 27540 of the Penal Code is amended to read: -27540. -A dealer, whether or not acting pursuant to Chapter 5 (commencing with Section 28050), shall not deliver a firearm to a person, as follows: -(a) Within 10 days of the application to purchase, or, after notice by the department pursuant to Section 28220, within 10 days of the submission to the department of any correction to the application, or within 10 days of the submission to the department of any fee required pursuant to Section 28225, whichever is later. -(b) Unless unloaded and securely wrapped or unloaded and in a locked container. -(c) Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the person’s identity and age to the dealer. -(d) Whenever the dealer is notified by the Department of Justice that the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. -(e) A handgun shall not be delivered unless the purchaser, transferee, or person being loaned the handgun presents a handgun safety certificate. Commencing January 1, 2015, any firearm, including a handgun, shall not be delivered unless the purchaser, transferee, or person being loaned the firearm presents a firearm safety certificate to the dealer, except that, in the case of a handgun, an unexpired handgun safety certificate may be presented. -(f) A firearm shall not be delivered whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a firearm and that the previous application to purchase did not involve any of the entities or circumstances specified in subdivision (b) of Section 27535. -SEC. 4. -Section 27590 of the Penal Code is amended to read: -27590. -(a) Except as provided in subdivision (b), (c), or (e), a violation of this article is a misdemeanor. -(b) If any of the following circumstances apply, a violation of this article is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years: -(1) If the violation is of subdivision (a) of Section 27500. -(2) If the defendant has a prior conviction of violating the provisions, other than Section 27535, Section 27560 involving a firearm that is not a handgun, or Section 27565 involving a firearm that is not a handgun, of this article or former Section 12100 of this code, as Section 12100 read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, or Section 8101 of the Welfare and Institutions Code. -(3) If the defendant has a prior conviction of violating any offense specified in Section 29905 or of a violation of Section 32625 or 33410, or of former Section 12560, as that section read at any time from when it was enacted by Section 4 of Chapter 931 of the Statutes of 1965 to when it was repealed by Section 14 of Chapter 9 of the Statutes of 1990, or of any provision listed in Section 16590. -(4) If the defendant is in a prohibited class described in Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, or Section 8100 or 8103 of the Welfare and Institutions Code. -(5) A violation of this article by a person who actively participates in a “criminal street gang” as defined in Section 186.22. -(6) A violation of Section 27510 involving the delivery of any firearm to a person who the dealer knows, or should know, is a minor. -(c) If any of the following circumstances apply, a violation of this article shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment: -(1) A violation of Section 27515, 27520, or subdivision (b) of Section 27500. -(2) A violation of Section 27505 involving the sale, loan, or transfer of a handgun to a minor. -(3) A violation of Section 27510 involving the delivery of a handgun. -(4) A violation of subdivision (a), (c), (d), (e), or (f) of Section 27540 involving a handgun. -(5) A violation of Section 27545 involving a handgun. -(6) A violation of Section 27550. -(7) A violation of Section 27585 involving a handgun. -(d) If both of the following circumstances apply, an additional term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years shall be imposed in addition and consecutive to the sentence prescribed: -(1) A violation of Section 27510 or subdivision (b) of Section 27500. -(2) The firearm transferred in violation of Section 27510 or subdivision (b) of Section 27500 is used in the subsequent commission of a felony for which a conviction is obtained and the prescribed sentence is imposed. -(e) (1) A first violation of Section 27535 is an infraction punishable by a fine of fifty dollars ($50). -(2) A second violation of Section 27535 is an infraction punishable by a fine of one hundred dollars ($100). -(3) A third or subsequent violation of Section 27535 is a misdemeanor. -(4) For purposes of this subdivision each application to purchase a firearm in violation of Section 27535 shall be deemed a separate offense. -SEC. 5. -Section 1.5 of this bill incorporates amendments to Section 26835 of the Penal Code proposed by both this bill and Senate Bill 894. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 26835 of the Penal Code, and (3) this bill is enacted after Senate Bill 894, in which case Section 1 of this bill shall not become operative. -SEC. 6. -Section 2.5 of this bill incorporates amendments to Section 27535 of the Penal Code proposed by both this bill and Senate Bill 894. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 27535 of the Penal Code, and (3) this bill is enacted after Senate Bill 894, in which case Section 2 of this bill shall not become operative. -SEC. 7. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, subject to exceptions, prohibits a person from making more than one application to purchase a handgun within any 30-day period. Violation of that prohibition is a crime. Existing law exempts from that prohibition a firearms transaction where neither of the parties is a firearms dealer if the transaction is completed through a dealer. Existing law prohibits a firearms dealer from delivering a handgun to a person whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a handgun that does not fall within an exception to the 30-day prohibition. A violation of that delivery prohibition by the dealer is a crime. -This bill would make the 30-day prohibition and the dealer delivery prohibition described above applicable to all types of firearms. The bill would delete the private party transaction exemption to the 30-day prohibition and instead would exempt from that prohibition the transfer of a firearm conducted through a licensed firearms dealer if the firearm is being transferred by bequest or intestate succession, the purchase of a firearm that is not a handgun or a finished frame or receiver by a licensed hunter, and the purchase of a firearm from a nonprofit entity conducting an auction or similar event, as specified. The bill would make additional conforming changes and technical, nonsubstantive changes. -By expanding the scope of existing crimes, this bill would impose a state-mandated local program. -This bill would incorporate changes to Sections 26835 and 27535 of the Penal Code proposed by both this bill and SB 894, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 26835, 27535, 27540, and 27590 of the Penal Code, relating to firearms." -884,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Over the past decade, the wage gap has barely budged and wage disparities continue to persist. In 2015, the gender wage gap in California stood at 16 cents on the dollar. For women of color, wage inequality is much worse. African American women in California make just 63 cents and Hispanic women less than 43 cents for every dollar white non-Hispanic men make. -(b) The problematic practices of seeking salary history from job applicants and relying on prior salary to set employees’ pay rates contribute to the gender wage gap by perpetuating wage inequalities across the occupational spectrum. Women are paid less than men in 99.6 percent of occupations and are more likely to face financial penalties for taking time out of the paid workforce due to childbearing and family caregiving responsibilities. -(c) When employers make salary decisions during the hiring process based on prospective employees’ prior salaries or require women to disclose their prior salaries during salary negotiations, women often end up at a sharp disadvantage and historical patterns of gender bias and discrimination repeat themselves, causing women to continue earning less than their male counterparts. -(d) Government officials have recognized the discriminatory impact that prior salaries can have on women in the job market. In 2015, on Equal Pay Day, the Chair of the Equal Employment Opportunity Commission (EEOC) advised employers on important steps they could take to ensure equal pay for equal work, including eliminating “discriminatory pay gaps on the basis of prior salary” and the 2005 EEOC Compliance Manual states that “[p]rior salary cannot, by itself, justify a compensation disparity.” -(e) In July of 2015, the acting director of the federal Office of Personnel Management provided guidance on advancing pay equality in the federal government, warning that reliance on salary history “could potentially adversely affect a candidate who is returning to the workplace after having taken extended time off from his or her career or for whom an existing rate of pay is not reflective of the candidate’s current qualifications or existing labor market conditions.” -(f) Courts also have warned against relying on salary history and have stated that prior salary cannot, by itself, justify a wage disparity. In Corning Glass Works v. Brennan, (1974) 417 U.S. 188, the United States Supreme Court held that a pay differential which “ar[ises] simply because men would not work at the low rates paid women ... and reflect[s] a job market in which [the employer] could pay women less than men for the same work” is not based on a cognizable factor other than sex under the Equal Pay Act (Public Law 88-38) (Id., at p. 205). More recently, in Rizo v. Yovino, Fresno County Superintendent of Schools, United States District Court, Eastern District of California, Case No. 1:14-cv-0423-MJS, the district court denied summary judgment on defendant’s motion under the federal Equal Pay Act based on its finding that, “a pay structure based exclusively on prior wages is so inherently fraught with the risk — indeed, here, the virtual certainty — that it will perpetuate a discriminatory wage disparity between men and women that it cannot stand, even if motivated by a legitimate non-discriminatory business purpose.”(Id., at p. 16). The court went on to explain that,“say[ing] an otherwise unjustified pay differential between women and men performing equal work is based on a factor other than sex because it reflects historical market forces which value the equal work of one sex over the other perpetuates the market’s sex-based subjective assumptions and stereotyped misconceptions Congress passed the Equal Pay Act to eradicate.” (Id., at p. 17). -(g) This act will codify existing law with respect to the provision stating that prior salary cannot, by itself, justify a wage differential under Section 1197.5 of the Labor Code. -(h) This act will also help ensure that both employers and workers are able to negotiate and set salaries based on the requirements, expectations, and qualifications of the person and the job in question, rather than on an individual’s prior earnings, which may reflect widespread, longstanding, gender-based wage disparities in the labor market. -SEC. 2. -Section 1197.5 of the Labor Code is amended to read: -1197.5. -(a) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: -(1) The wage differential is based upon one or more of the following factors: -(A) A seniority system. -(B) A merit system. -(C) A system that measures earnings by quantity or quality of production. -(D) A bona fide factor other than sex, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. -(2) Each factor relied upon is applied reasonably. -(3) The one or more factors relied upon account for the entire wage differential. Prior salary shall not, by itself, justify any disparity in compensation. -(b) Any employer who violates subdivision (a) is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. -(c) The Division of Labor Standards Enforcement shall administer and enforce this section. If the division finds that an employer has violated this section, it may supervise the payment of wages and interest found to be due and unpaid to employees under subdivision (a). Acceptance of payment in full made by an employer and approved by the division shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (g). -(d) Every employer shall maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All of the records shall be kept on file for a period of three years. -(e) Any employee may file a complaint with the division that the wages paid are less than the wages to which the employee is entitled under subdivision (a) or that the employer is in violation of subdivision (j). The complaint shall be investigated as provided in subdivision (b) of Section 98.7. The division shall keep confidential the name of any employee who submits to the division a complaint regarding an alleged violation of subdivision (a) or (j) until the division establishes the validity of the complaint, unless the division must abridge confidentiality to investigate the complaint. The name of the complaining employee shall remain confidential if the complaint is withdrawn before the confidentiality is abridged by the division. The division shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to these employees. -(f) The department or division may commence and prosecute, unless otherwise requested by the employee or affected group of employees, a civil action on behalf of the employee and on behalf of a similarly affected group of employees to recover unpaid wages and liquidated damages under subdivision (a), and in addition shall be entitled to recover costs of suit. The consent of any employee to the bringing of any action shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (g) unless the action is dismissed without prejudice by the department or the division, except that the employee may intervene in the suit or may initiate independent action if the suit has not been determined within 180 days from the date of the filing of the complaint. -(g) Any employee receiving less than the wage to which the employee is entitled under this section may recover in a civil action the balance of the wages, including interest thereon, and an equal amount as liquidated damages, together with the costs of the suit and reasonable attorney’s fees, notwithstanding any agreement to work for a lesser wage. -(h) A civil action to recover wages under subdivision (a) may be commenced no later than two years after the cause of action occurs, except that a cause of action arising out of a willful violation may be commenced no later than three years after the cause of action occurs. -(i) If an employee recovers amounts due the employee under subdivision (b), and also files a complaint or brings an action under subdivision (d) of Section 206 of Title 29 of the United States Code which results in an additional recovery under federal law for the same violation, the employee shall return to the employer the amounts recovered under subdivision (b), or the amounts recovered under federal law, whichever is less. -(j) (1) An employer shall not discharge, or in any manner discriminate or retaliate against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this section. An employer shall not prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise his or her rights under this section. Nothing in this section creates an obligation to disclose wages. -(2) Any employee who has been discharged, discriminated or retaliated against, in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in this section may recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief. -(3) A civil action brought under this subdivision may be commenced no later than one year after the cause of action occurs. -SEC. 2.5. -Section 1197.5 of the Labor Code is amended to read: -1197.5. -(a) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: -(1) The wage differential is based upon one or more of the following factors: -(A) A seniority system. -(B) A merit system. -(C) A system that measures earnings by quantity or quality of production. -(D) A bona fide factor other than sex, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. -(2) Each factor relied upon is applied reasonably. -(3) The one or more factors relied upon account for the entire wage differential. Prior salary shall not, by itself, justify any disparity in compensation. -(b) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: -(1) The wage differential is based upon one or more of the following factors: -(A) A seniority system. -(B) A merit system. -(C) A system that measures earnings by quantity or quality of production. -(D) A bona fide factor other than race or ethnicity, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a race- or ethnicity-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. -(2) Each factor relied upon is applied reasonably. -(3) The one or more factors relied upon account for the entire wage differential. Prior salary shall not, by itself, justify any disparity in compensation. -(c) Any employer who violates subdivision (a) or (b) is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. -(d) The Division of Labor Standards Enforcement shall administer and enforce this section. If the division finds that an employer has violated this section, it may supervise the payment of wages and interest found to be due and unpaid to employees under subdivision (a) or (b). Acceptance of payment in full made by an employer and approved by the division shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (h). -(e) Every employer shall maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All of the records shall be kept on file for a period of three years. -(f) Any employee may file a complaint with the division that the wages paid are less than the wages to which the employee is entitled under subdivision (a) or (b) or that the employer is in violation of subdivision (k). The complaint shall be investigated as provided in subdivision (b) of Section 98.7. The division shall keep confidential the name of any employee who submits to the division a complaint regarding an alleged violation of subdivision (a), (b), or (k) until the division establishes the validity of the complaint, unless the division must abridge confidentiality to investigate the complaint. The name of the complaining employee shall remain confidential if the complaint is withdrawn before the confidentiality is abridged by the division. The division shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to these employees. -(g) The department or division may commence and prosecute, unless otherwise requested by the employee or affected group of employees, a civil action on behalf of the employee and on behalf of a similarly affected group of employees to recover unpaid wages and liquidated damages under subdivision (a) or (b), and in addition shall be entitled to recover costs of suit. The consent of any employee to the bringing of any action shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (h) unless the action is dismissed without prejudice by the department or the division, except that the employee may intervene in the suit or may initiate independent action if the suit has not been determined within 180 days from the date of the filing of the complaint. -(h) An employee receiving less than the wage to which the employee is entitled under this section may recover in a civil action the balance of the wages, including interest thereon, and an equal amount as liquidated damages, together with the costs of the suit and reasonable attorney’s fees, notwithstanding any agreement to work for a lesser wage. -(i) A civil action to recover wages under subdivision (a) or (b) may be commenced no later than two years after the cause of action occurs, except that a cause of action arising out of a willful violation may be commenced no later than three years after the cause of action occurs. -(j) If an employee recovers amounts due the employee under subdivision (c), and also files a complaint or brings an action under subdivision (d) of Section 206 of Title 29 of the United States Code which results in an additional recovery under federal law for the same violation, the employee shall return to the employer the amounts recovered under subdivision (c), or the amounts recovered under federal law, whichever is less. -(k) (1) An employer shall not discharge, or in any manner discriminate or retaliate against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this section. An employer shall not prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise his or her rights under this section. Nothing in this section creates an obligation to disclose wages. -(2) Any employee who has been discharged, discriminated or retaliated against, in the terms and conditions of his or her employment because the employee engaged in any conduct delineated in this section may recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief. -(3) A civil action brought under this subdivision may be commenced no later than one year after the cause of action occurs. -SEC. 3. -Section 2.5 of this bill incorporates amendments to Section 1197.5 of the Labor Code proposed by both this bill and Senate Bill 1063. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1197.5 of the Labor Code, and (3) this bill is enacted after Senate Bill 1063, in which case Section 2 of this bill shall not become operative. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally prohibits an employer from paying an employee at wage rates less than the rates paid to employees of the opposite sex in the same establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Existing law establishes exceptions to that prohibition, including, among others, where the payment is made based on any bona fide factor other than sex, such as education, training, or experience. Existing law makes it a misdemeanor for an employer or other person acting either individually or as an officer, agent, or employee of another person to pay or cause to be paid to any employee a wage less than the rate paid to an employee of the opposite sex as required by these provisions, or who reduces the wages of any employee in order to comply with these provisions. Existing law also makes it a misdemeanor for an employer to refuse or neglect to comply with the above provisions of law. -This bill would specify that prior salary cannot, by itself, justify any disparity in compensation under the bona fide factor exception to the above prohibition. By changing the definition of an existing crime, this bill would impose a state-mandated local program. -This bill would incorporate additional changes in Section 1197.5 of the Labor Code proposed by SB 1063 that would become operative only if SB 1063 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1197.5 of the Labor Code, relating to employers." -885,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6228 of the Family Code is amended to read: -6228. -(a) State and local law enforcement agencies shall provide, upon request and without charging a fee, one copy of all incident report face sheets, one copy of all incident reports, or both, to a victim, or his or her representative as defined in subdivision (g), of a crime that constitutes an act of any of the following: -(1) Domestic violence, as defined in Section 6211. -(2) Sexual assault, as defined in Sections 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4 of the Penal Code. -(3) Stalking, as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code. -(4) Human trafficking, as defined in Section 236.1 of the Penal Code. -(5) Abuse of an elder or a dependent adult, as defined in Section 15610.07 of the Welfare and Institutions Code. -(b) (1) A copy of an incident report face sheet shall be made available during regular business hours to a victim or his or her representative no later than 48 hours after being requested by the victim or his or her representative, unless the state or local law enforcement agency informs the victim or his or her representative of the reasons why, for good cause, the incident report face sheet is not available, in which case the incident report face sheet shall be made available to the victim or his or her representative no later than five working days after the request is made. -(2) A copy of the incident report shall be made available during regular business hours to a victim or his or her representative no later than five working days after being requested by a victim or his or her representative, unless the state or local law enforcement agency informs the victim or his or her representative of the reasons why, for good cause, the incident report is not available, in which case the incident report shall be made available to the victim or his or her representative no later than 10 working days after the request is made. -(c) Any person requesting copies under this section shall present state or local law enforcement with his or her identification, including a current, valid driver’s license, a state-issued identification card, or a passport. If the person is a representative of the victim and the victim is deceased, the representative shall also present a certified copy of the death certificate or other satisfactory evidence of the death of the victim at the time a request is made. If the person is a representative of the victim and the victim is alive and not the subject of a conservatorship, the representative shall also present a written authorization, signed by the victim, making him or her the victim’s personal representative. -(d) (1) This section shall apply to requests for domestic violence face sheets or incident reports made within five years from the date of completion of the incident report. -(2) This section shall apply to requests for sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult face sheets or incident reports made within two years from the date of completion of the incident report. -(e) This section shall be known and may be cited as the Access to Domestic Violence Reports Act of 1999. -(f) For purposes of this section, “victim” includes a minor who is 12 years of age or older. -(g) (1) For purposes of this section, if the victim is deceased, a “representative of the victim” means any of the following: -(A) The surviving spouse. -(B) A surviving child of the decedent who has attained 18 years of age. -(C) A domestic partner, as defined in subdivision (a) of Section 297. -(D) A surviving parent of the decedent. -(E) A surviving adult relative. -(F) The personal representative of the victim, as defined in Section 58 of the Probate Code, if one is appointed. -(G) The public administrator if one has been appointed. -(2) For purposes of this section, if the victim is not deceased, a “representative of the victim” means any of the following: -(A) A parent, guardian, or adult child of the victim, or an adult sibling of a victim 12 years of age or older, who shall present to law enforcement identification pursuant to subdivision (c). A guardian shall also present to law enforcement a copy of his or her letters of guardianship demonstrating that he or she is the appointed guardian of the victim. -(B) An attorney for the victim, who shall present to law enforcement identification pursuant to subdivision (c) and written proof that he or she is the attorney for the victim. -(C) A conservator of the victim who shall present to law enforcement identification pursuant to subdivision (c) and a copy of his or her letters of conservatorship demonstrating that he or she is the appointed conservator of the victim. -(3) A representative of the victim does not include any person who has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, of the victim, or any person identified in the incident report face sheet as a suspect. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires state and local law enforcement agencies to provide, without charging a fee, one copy of all domestic violence incident report face sheets and one copy of all domestic violence incident reports, or both, to a victim of domestic violence, as defined, or to his or her personal representative, as defined, upon request. -This bill would also require state or local law enforcement agencies to provide a copy of those reports to a victim of sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult, as defined. The bill would define “victim” for these purposes to include a minor who is 12 years of age or older. The bill would require these provisions to apply to requests for reports made within 2 years from the date of completion of the sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult incident report. This bill would also make technical, nonsubstantive changes to these provisions. By increasing the duties of local law enforcement agencies, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 6228 of the Family Code, relating to domestic violence." -886,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature that the California Alternative Energy and Advanced Transportation Financing Authority approve project applications pursuant to Section 26011.8 of the Public Resources Code on a competitive basis. -SEC. 2. -Section 26004 of the Public Resources Code is amended to read: -26004. -(a) There is in the state government the California Alternative Energy and Advanced Transportation Financing Authority. The authority constitutes a public instrumentality and the exercise by the authority of powers conferred by this division is the performance of an essential public function. -(b) The authority shall consist of -five -seven -members, as follows: -(1) The Director of Finance. -(2) The Chairperson of the State Energy Resources Conservation and Development Commission. -(3) The President of the Public Utilities Commission. -(4) The Controller. -(5) The Treasurer, who shall serve as the chairperson of the authority. -(6) One state legislator appointed by the Senate Committee on Rules who shall serve as a nonvoting member. -(7) One state legislator appointed by the Speaker of the Assembly who shall serve as a nonvoting member. -(c) The members listed in paragraphs (1) to (5), inclusive, of subdivision (b) may each designate a deputy or clerk in his or her agency to act for and represent the member at all meetings of the authority. -(d) The first meeting of the authority shall be convened by the Treasurer. -SECTION 1. -SEC. 3. -Section 26011.8 of the Public Resources Code is amended to read: -26011.8. -(a) The purpose of this section is to promote the creation of California-based manufacturing, California-based jobs, advanced manufacturing, the reduction of greenhouse gases, or reductions in air and water pollution or energy consumption. In furtherance of this purpose, the authority may approve a project for financial assistance in the form of the sales and use tax exclusion established in Section 6010.8 of the Revenue and Taxation Code. -(b) For purposes of this section, the following terms have the following meanings: -(1) “Project” means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems, as defined in Section 26003. “Project” does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192. -(2) “Recycled feedstock” means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle. -(3) “Soil amendments” may include “compost,” as defined in Section 14525 of the Food and Agricultural Code, “fertilizing material,” as defined in Section 14533 of the Food and Agricultural Code, “gypsum” or “phosphatic sulfate gypsum,” as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means. -(c) The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority. -(d) The authority shall evaluate project applications based upon all of the following criteria: -(1) The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California. -(2) The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion. -(3) The extent to which the project will create new, permanent jobs in California. -(4) To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation. -(5) The extent of unemployment in the area in which the project is proposed to be located. -(6) Any other factors the authority deems appropriate in accordance with this section. -(e) At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance. -(f) Notwithstanding subdivision (j), and without regard to the actual date of any transaction between a participating party and the authority, any project approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section. -(g) The Legislative Analyst’s Office shall report to the Joint Legislative Budget Committee on the effectiveness of this program, on or before January 1, 2019, by evaluating factors, including, but not limited to, the following: -(1) The number of jobs created by the program in California. -(2) The number of businesses that have remained in California or relocated to California as a result of this program. -(3) The amount of state and local revenue and economic activity generated by the program. -(4) The types of advanced manufacturing, as defined in paragraph (1) of subdivision (a) of Section 26003, utilized. -(5) The amount of reduction in greenhouse gases, air pollution, water pollution, or energy consumption. -(h) (1) The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed -two -one -hundred million dollars -($200,000,000) -($100,000,000) -for each calendar year. -(2) If less than -two -one -hundred million dollars -($200,000,000) -($100,000,000) -is excluded pursuant to Section 6010.8 of the Revenue and Taxation Code in a calendar year, the unallocated portion of that -two -one -hundred million dollars -($200,000,000) -($100,000,000) -may be granted the following calendar year, in excess of the following year’s -two-hundred-million-dollar ($200,000,000) -one-hundred-million-dollar ($100,000,000) -maximum. The unallocated amount for a particular calendar year shall not roll over more than one calendar year. -(i) (1) The authority shall study the efficacy and cost benefit of the sales and use tax exemption as it relates to advanced manufacturing projects. The study shall include the number of jobs created, the costs of each job, and the annual salary of each job. The study shall also consider a dynamic analysis of the economic output to the state that would occur without the sales and use tax exemption. Before January 1, 2017, the authority shall submit to the Legislature, consistent with Section 9795 of the Government Code, the result of the study. -(2) Before January 1, 2015, the authority shall, consistent with Section 9795 of the Government Code, submit to the Legislature an interim report on the efficacy of the program conducted pursuant to this section. The study shall include recommendations on program changes that would increase the program’s efficacy in creating permanent and temporary jobs, and whether eligibility for the program should be extended or narrowed to other manufacturing types. The authority may work with the Legislative Analyst’s Office in preparing the report and its recommendations. -(j) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2021, deletes or extends that date. The sale or purchase of tangible personal property of a project approved before January 1, 2021, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authority’s resolution approving the project pursuant to this section. -SEC. 2. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The California Alternative Energy and Advanced Transportation Financing Authority Act establishes the California Alternative Energy and Advanced Transportation Financing -Authority. -Authority, consisting of 5 specified state officials. -The act authorizes, until January 1, 2021, the authority to provide financial assistance in the form of a sales and use tax exclusion for projects, including those that promote California-based manufacturing, California-based jobs, advanced manufacturing, the reduction of greenhouse gases, or the reduction in air and water pollution or energy consumption. The act prohibits the sales and use tax exclusions -for these projects -from exceeding $100,000,000 for each calendar year. -This -bill would instead prohibit the sales and use tax exclusions from exceeding $200,000,000 for each calendar year. The -bill would specify that if less than -$200,000,000 -$100,000,000 -is granted in a calendar year, the unallocated amount may roll over to the following calendar year. -The bill would increase the membership of the authority to 7, with the Senate Committee on Rules and the Speaker of the Assembly each appointing one state legislator as a nonvoting member. The bill would declare the intent of the Legislature that the authority approve these project applications on a competitive basis. -This bill would take effect immediately as a tax levy.","An act to amend -Section -Sections 26004 and -26011.8 of the Public Resources Code, relating to alternative -energy, to take effect immediately, tax levy. -energy." -887,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12930 of the Government Code is amended to read: -12930. -The department shall have the following functions, powers, and duties: -(a) To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part. -(b) To meet and function at any place within the state. -(c) To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties. -(d) To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils. -(e) To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part. -(f) (1) To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940). -(2) To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply. -(3) To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorney’s fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply. -(g) In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980: -(1) To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials. -(2) To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits. -(3) To issue written interrogatories. -(4) To request the production for inspection and copying of books, records, documents, and physical materials. -(5) To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories. -(h) To bring civil actions pursuant to Section 12965 or 12981 and to prosecute those civil actions before state and federal trial courts. -(i) To issue those publications and those results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, genetic information, or sexual orientation. -(j) To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990. -(k) To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations. -(l) To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time. -(m) The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013: -(1) If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court. -(2) If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court. -(3) Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502. -(n) On any Section 1094.5 Code of Civil Procedure challenge to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or his or her designee shall consult with the Attorney General regarding the defense of that writ petition.","Existing law authorizes a victim of human trafficking, as defined, to bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief, as specified. Existing law authorizes the Department of Fair Employment and Housing to receive, investigate, conciliate, mediate, and prosecute complaints alleging certain unlawful practices, as specified. -This bill would further authorize the department to receive, investigate, conciliate, mediate, and prosecute complaints alleging, and bring civil actions for, a victim of human trafficking, as described above. The bill would require any damages awarded in a civil action brought by the department to be awarded to the victim of human trafficking.","An act to amend Section 12930 of the Government Code, relating to civil actions." -888,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 43016 of the Health and Safety Code is amended to read: -43016. -(a) (1) A person who violates any provision of this part, or any order, rule, or regulation of the state board adopted pursuant to this part, and for which violation there is not provided in this part any other specific civil penalty or fine, shall be subject to a civil penalty not to exceed thirty-seven thousand five hundred dollars ($37,500) for each such action pursuant to this part. Violations involving portable fuel containers or small off-road engines shall be subject to a civil penalty not to exceed five hundred dollars ($500) per unit. For a manufacturer or distributor who violates any provision of this part, or any order, rule, or regulation of the state board adopted pursuant to this part, the payment of the penalty and making the product compliant with applicable emission control laws may be required by the executive officer of the state board as conditions for the continued sale in this state of those products regulated by the state board pursuant to this division. -(2) The state board shall adjust the maximum penalties specified in paragraph (1) for inflation based on the California Consumer Price Index. The adjustment shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). -(b) Any penalty collected pursuant to this section shall be deposited in the Air Pollution Control Fund. -SEC. 2. -Section 43151 of the Health and Safety Code is amended to read: -43151. -(a) A person shall not offer for sale, introduce into commerce, import, deliver, purchase, rent, lease, acquire, or receive a new motor vehicle, new motor vehicle engine, or motor vehicle with a new motor vehicle engine for use, registration, or resale in this state unless the motor vehicle engine or motor vehicle has been certified pursuant to this chapter. A person shall not attempt or assist in any such action. -(b) This article shall not apply to a vehicle acquired by a resident of this state for the purpose of replacing a vehicle registered to that resident that was damaged or became inoperative beyond reasonable repair or was stolen while out of this state provided that the replacement vehicle is acquired out of state at the time the previously owned vehicle was either damaged or became inoperative or was stolen. This article shall not apply to a vehicle transferred by inheritance or by a decree of divorce, dissolution, or legal separation entered by a court of competent jurisdiction, or to any vehicle sold after the effective date of the amendments to this subdivision at the 1979–80 Regular Session of the Legislature if the vehicle was registered in this state before that effective date. -(c) This chapter shall not apply to any motor vehicle having a certificate of conformity issued pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) and originally registered in another state by a resident of that state who subsequently establishes residence in this state and who, upon registration of the vehicle in this state, provides satisfactory evidence to the Department of Motor Vehicles of the previous residence and registration. This subdivision shall become operative 180 calendar days after the state board adopts regulations for the certification of new direct import vehicles pursuant to Section 43203.5. -SEC. 3. -Section 43154 of the Health and Safety Code is amended to read: -43154. -(a) (1) A person who violates any provision of this article shall be subject to a civil penalty not to exceed thirty-seven thousand five hundred dollars ($37,500) for each such action. For a manufacturer or distributor who violates any provision of this article, the payment of the penalty and making the vehicles compliant with applicable emission control laws may be required by the executive officer of the state board as conditions for the continued sale in this state of those motor vehicles. -(2) Notwithstanding paragraph (1), a dealer, as defined in Section 285 of the Vehicle Code, who violates any provision of this article shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each such action. -(3) The state board shall adjust the maximum penalty specified in paragraphs (1) and (2) for inflation based on the California Consumer Price Index. The adjustment shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). -(b) Any action to recover a penalty under this section shall be brought in the name of the people of the State of California in the superior court of the county where the violation occurred, or in the county where the defendant’s residence or principal place of business is located, by the Attorney General on behalf of the state board, in which event all penalties adjudged by the court shall be deposited in the Air Pollution Control Fund, or by the district attorney or county attorney of that county, or by the city attorney of a city in that county, in which event all penalties adjudged by the court shall be deposited with the treasurer of the county or city, as the case may be. -SEC. 4. -Section 43211 of the Health and Safety Code is amended to read: -43211. -(a) A new motor vehicle sold in California shall meet the emission standards adopted by the state board, and a manufacturer who sells, attempts to sell, or causes to be offered for sale a new motor vehicle that fails to meet the applicable emission standards shall be subject to a civil penalty not to exceed thirty-seven thousand five hundred dollars ($37,500) for each such action. -(b) For purposes of calculating the penalty for failure to meet zero-emission vehicle credit requirements pursuant to Sections 1962, 1962.1, and 1962.2 of Title 13 of the California Code of Regulations or any subsequent or related regulation, the civil penalty shall not exceed five thousand dollars ($5,000) per zero-emission vehicle credit. -(c) The state board shall adjust the maximum penalty specified in subdivisions (a) and (b) for inflation based on the California Consumer Price Index. The adjustment shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). -(d) Any penalty recovered pursuant to this section shall be deposited into the General Fund. -SEC. 5. -Section 43212 of the Health and Safety Code is amended to read: -43212. -(a) (1) A manufacturer or distributor who does not comply with the emission standards or the test procedures adopted by the state board shall be subject to a civil penalty not to exceed thirty-seven thousand five hundred dollars ($37,500) for each vehicle that does not comply with the standards or procedures and that is first sold in this state. The payment of such penalties to the state board and making the vehicles compliant with applicable emission control laws and test procedures may be required by the executive officer of the state board as conditions for the further sale in this state of those motor vehicles. -(2) The state board shall adjust the maximum penalty specified in paragraph (1) for inflation based on the California Consumer Price Index. The adjustment shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). -(b) Any penalty recovered pursuant to this section shall be deposited into the Air Pollution Control Fund. -SEC. 6. -Section 43214 is added to the Health and Safety Code, to read: -43214. -The state board may order a manufacturer of motor vehicles to bring its vehicles into compliance with the emissions configuration to which they were certified. Compliance with the order may be required by the executive officer of the state board as a condition for the continued sale of those motor vehicles by that manufacturer in this state.","(1) Existing law requires the State Air Resources Board to adopt and implement standards for the control of emissions from new motor vehicles that the state board finds to be necessary and technologically feasible. Existing law prohibits a new motor vehicle from being sold in the state that does not meet the emissions standards adopted by the state board. Existing law provides that a person who violates specified vehicular air pollution statutes or specified orders, rules, or regulations of the state board is subject to a civil penalty of up to $500 per vehicle. Existing law provides that any manufacturer who sells, attempts to sell, or causes to be offered for sale a new motor vehicle that fails to meet the applicable emission standards is subject to a civil penalty of $5,000 per violation. Existing law provides that a manufacturer or distributor who does not comply with the emission standards or the test procedures adopted by the state board is subject to a civil penalty of $50 per vehicle. -This bill would increase those penalties to up to $37,500 per violation. The bill would require the state board to adjust those maximum penalties for inflation, as specified, and would exempt those adjustments from the Administrative Procedure Act. The bill would authorize the state board to require the payment of a penalty for the violation of specified vehicular air pollution statutes or specified orders, rules, or regulations of the state board, and making the products compliant with specified laws, as conditions for the continued sale of those products. -This bill would authorize the state board to order a manufacturer of motor vehicles to bring the vehicles into compliance with the emissions configuration to which they were certified. The bill would authorize the state board to require the manufacturer to be in compliance with the state board’s order as a condition for the continued sale of motor vehicles in the state. -(2) Existing law prohibits a person who is a state resident or who operates an established place of business within the state from importing, delivering, purchasing, renting, leasing, acquiring, or receiving a new motor vehicle, new motor vehicle engine, or motor vehicle with a new motor vehicle engine for use, registration, or resale in the state unless the motor vehicle engine or new motor vehicle has been certified to meet specified emissions standards. Existing law provides that a person who violates specified provisions relating to transactions of new motor vehicles or new motor vehicle engines is subject to a civil penalty of up to $5,000 per vehicle. -This bill instead would prohibit any person from offering for sale, introducing into commerce, importing, delivering, purchasing, renting, leasing, acquiring, or receiving a new motor vehicle, new motor vehicle engine, or motor vehicle with a new motor vehicle engine for use, registration, or resale in the state unless the motor vehicle engine or new motor vehicle has been certified to meet those specified emissions standards. -This bill would increase the civil penalty to up to $37,500 per violation and up to $10,000 for a dealer, as defined, for violating those specified provisions relating to transactions of new motor vehicles or new motor vehicle engines. The bill would require the state board to adjust those maximum penalties for inflation, as specified, and would exempt those adjustments from the Administrative Procedure Act. The bill would authorize the state board to require the payment of the penalty, and making the motor vehicles compliant with specified laws, as conditions for the continued or further sale in the state of those motor vehicles. -This bill would require the state board to limit to $5,000 a specified civil penalty imposed on a manufacturer who does not meet the requirements of specified regulations that require manufacturers to have a specified percentage of their new motor vehicle sales be zero-emission vehicles.","An act to amend Sections 43016, 43151, 43154, 43211, and 43212 of, and to add Section 43214 to, the Health and Safety Code, relating to vehicular air pollution." -889,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 361.2 of the Welfare and Institutions Code, as added by Section 48 of Chapter 773 of the Statutes of 2015, is amended to read: -361.2. -(a) When a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental. -(b) If the court places the child with that parent it may do any of the following: -(1) Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents. -(2) Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the child’s current caregiver regarding the parent. After the social worker conducts the home visit and files his or her report with the court, the court may then take the action described in paragraph (1), (3), or this paragraph. However, nothing in this paragraph shall be interpreted to imply that the court is required to take the action described in this paragraph as a prerequisite to the court taking the action described in either paragraph (1) or (3). -(3) Order that the parent assume custody subject to the supervision of the juvenile court. In that case the court may order that reunification services be provided to the parent or guardian from whom the child is being removed, or the court may order that services be provided solely to the parent who is assuming physical custody in order to allow that parent to retain later custody without court supervision, or that services be provided to both parents, in which case the court shall determine, at review hearings held pursuant to Section 366, which parent, if either, shall have custody of the child. -(c) The court shall make a finding either in writing or on the record of the basis for its determination under subdivisions (a) and (b). -(d) Part 6 (commencing with Section 7950) of Division 12 of the Family Code shall apply to the placement of a child pursuant to paragraphs (1) and (2) of subdivision (e). -(e) When the court orders removal pursuant to Section 361, the court shall order the care, custody, control, and conduct of the child to be under the supervision of the social worker who may place the child in any of the following: -(1) The home of a noncustodial parent as described in subdivision (a), regardless of the parent’s immigration status. -(2) The approved home of a relative, regardless of the relative’s immigration status. -(3) The approved home of a nonrelative extended family member as defined in Section 362.7. -(4) The approved home of a resource family as defined in Section 16519.5. -(5) A foster home considering first a foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available. -(6) A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). -(7) A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code. -(8) With a foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, to be placed in a suitable family home certified or approved by the agency. -(9) A child of any age who is placed in a community care facility licensed as a group home for children or a short-term residential treatment center, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, shall have a case plan that indicates that placement is for purposes of providing short term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment. If the placement is longer than six months, the placement shall be documented consistent with paragraph (3) of subdivision (a) of Section 16501.1 and shall be approved by the deputy director or director of the county child welfare department. -(A) A child under six years of age shall not be placed in a community care facility licensed as a group home for children, or a short-term residential treatment center, except under the following circumstances: -(i) When the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department has approved the case plan. -(ii) The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the county’s control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department. -(iii) To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department shall approve the continued placement no less frequently than every 60 days. -(iv) In addition, when a case plan indicates that placement is for purposes of providing family reunification services. The facility shall offer family reunification services that meet the needs of the individual child and his or her family, permit parents to have reasonable access to their children 24 hours a day, encourage extensive parental involvement in meeting the daily needs of their children, and employ staff trained to provide family reunification services. In addition, one of the following conditions exists: -(I) The child’s parent is also under the jurisdiction of the court and resides in the facility. -(II) The child’s parent is participating in a treatment program affiliated with the facility and the child’s placement in the facility facilitates the coordination and provision of reunification services. -(III) Placement in the facility is the only alternative that permits the parent to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services. -(B) A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children or a short-term residential treatment center under the following conditions. -(i) The short-term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the county’s control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department. -(ii) To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of this subparagraph shall apply to each extension. In addition, the deputy director or director of the county child welfare department shall approve the continued placement no less frequently than every 60 days. -(10) Any child placed in a short-term residential treatment center shall be either of the following: -(A) A child who has been assessed as meeting one of the placement requirements set forth in subdivisions (d) and (e) of Section 11462.01. -(B) A child under 6 years of age who is placed with his or her minor parent or for the purpose of reunification pursuant to clause (iv) of subparagraph (A) of paragraph (9). -(11) Nothing in this subdivision shall be construed to allow a social worker to place any dependent child outside the United States, except as specified in subdivision (f). -(f) (1) A child under the supervision of a social worker pursuant to subdivision (e) shall not be placed outside the United States prior to a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty. -(2) The party or agency requesting placement of the child outside the United States shall carry the burden of proof and shall show, by clear and convincing evidence, that placement outside the United States is in the best interest of the child. -(3) In determining the best interest of the child, the court shall consider, but not be limited to, the following factors: -(A) Placement with a relative. -(B) Placement of siblings in the same home. -(C) Amount and nature of any contact between the child and the potential guardian or caretaker. -(D) Physical and medical needs of the dependent child. -(E) Psychological and emotional needs of the dependent child. -(F) Social, cultural, and educational needs of the dependent child. -(G) Specific desires of any dependent child who is 12 years of age or older. -(4) If the court finds that a placement outside the United States is, by clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the social worker to make a placement outside the United States. A child subject to this subdivision shall not leave the United States prior to the issuance of the order described in this paragraph. -(5) For purposes of this subdivision, “outside the United States” shall not include the lands of any federally recognized American Indian tribe or Alaskan Natives. -(6) This subdivision shall not apply to the placement of a dependent child with a parent pursuant to subdivision (a). -(g) (1) If the child is taken from the physical custody of the child’s parent or guardian and unless the child is placed with relatives, the child shall be placed in foster care in the county of residence of the child’s parent or guardian in order to facilitate reunification of the family. -(2) In the event that there are no appropriate placements available in the parent’s or guardian’s county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parent’s or guardian’s community of residence. -(3) Nothing in this section shall be interpreted as requiring multiple disruptions of the child’s placement corresponding to frequent changes of residence by the parent or guardian. In determining whether the child should be moved, the social worker shall take into consideration the potential harmful effects of disrupting the placement of the child and the parent’s or guardian’s reason for the move. -(4) When it has been determined that it is necessary for a child to be placed in a county other than the child’s parent’s or guardian’s county of residence, the specific reason the out-of-county placement is necessary shall be documented in the child’s case plan. If the reason the out-of-county placement is necessary is the lack of resources in the sending county to meet the specific needs of the child, those specific resource needs shall be documented in the case plan. -(5) When it has been determined that a child is to be placed out of county either in a group home or with a foster family agency for subsequent placement in a certified foster family home, and the sending county is to maintain responsibility for supervision and visitation of the child, the sending county shall develop a plan of supervision and visitation that specifies the supervision and visitation activities to be performed and specifies that the sending county is responsible for performing those activities. In addition to the plan of supervision and visitation, the sending county shall document information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern in the receiving county. Upon implementation of the Child Welfare Services Case Management System, the plan of supervision and visitation, as well as information regarding any known or suspected dangerous behavior of the child, shall be made available to the receiving county upon placement of the child in the receiving county. If placement occurs on a weekend or holiday, the information shall be made available to the receiving county on or before the end of the next business day. -(6) When it has been determined that a child is to be placed out of county and the sending county plans that the receiving county shall be responsible for the supervision and visitation of the child, the sending county shall develop a formal agreement between the sending and receiving counties. The formal agreement shall specify the supervision and visitation to be provided the child, and shall specify that the receiving county is responsible for providing the supervision and visitation. The formal agreement shall be approved and signed by the sending and receiving counties prior to placement of the child in the receiving county. In addition, upon completion of the case plan, the sending county shall provide a copy of the completed case plan to the receiving county. The case plan shall include information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern to the receiving county. -(h) Whenever the social worker must change the placement of the child and is unable to find a suitable placement within the county and must place the child outside the county, the placement shall not be made until he or she has served written notice on the parent or guardian, the child’s attorney, and, if the child is 10 years of age or older, on the child, at least 14 days prior to the placement, unless the child’s health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons that require placement outside the county. The child or parent or guardian may object to the placement not later than seven days after receipt of the notice and, upon objection, the court shall hold a hearing not later than five days after the objection and prior to the placement. The court shall order out-of-county placement if it finds that the child’s particular needs require placement outside the county. -(i) If the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether the family ties and best interest of the child will be served by granting visitation rights to the child’s grandparents. The court shall clearly specify those rights to the social worker. -(j) If the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether there are any siblings under the court’s jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the court’s jurisdiction, the nature of the relationship between the child and his or her siblings, the appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002, and the impact of the sibling relationships on the child’s placement and planning for legal permanence. -(k) (1) An agency shall ensure placement of a child in a home that, to the fullest extent possible, best meets the day-to-day needs of the child. A home that best meets the day-to-day needs of the child shall satisfy all of the following criteria: -(A) The child’s caregiver is able to meet the day-to-day health, safety, and well-being needs of the child. -(B) The child’s caregiver is permitted to maintain the least restrictive family setting that promotes normal childhood experiences and that serves the day-to-day needs of the child. -(C) The child is permitted to engage in reasonable, age-appropriate day-to-day activities that promote normal childhood experiences for the foster child. -(2) The foster child’s caregiver shall use a reasonable and prudent parent standard, as defined in paragraph (2) of subdivision (a) of Section 362.04, to determine day-to-day activities that are age appropriate to meet the needs of the child. Nothing in this section shall be construed to permit a child’s caregiver to permit the child to engage in day-to-day activities that carry an unreasonable risk of harm, or subject the child to abuse or neglect. -(l) This section shall become operative on January 1, 2017. -SEC. 2. -To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.","Existing law prohibits a social worker, when he or she must place a dependent child outside the county, from making the placement until he or she has served written notice on the parent or guardian at least 14 days prior to the placement, except as specified. Existing law authorizes the parent or guardian to object to the placement. -This bill would require that the notice also be served on the child’s attorney and, if the child is 10 years of age or older, on the child, and would authorize the child to object to the placement. By imposing additional duties on county social workers, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 361.2 of the Welfare and Institutions Code, relating to juveniles." -890,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California has been a national leader in promoting service and volunteerism, including support for youth service and the conservation corps, service learning, and statewide mentor initiatives. -(b) Service learning is a powerful instructional strategy for improving the educational performance of pupils, along with contributing to the development of character, values, self-esteem, civic responsibility, and knowledge of local community issues and concerns. -(c) This act is based on the results of numerous research studies that identify the following benefits associated with pupils who engage in quality service learning programs infusing well-planned service activity into the school curriculum, including, but not necessarily limited to, all of the following: -(1) Pupil academic achievement increases, as demonstrated by higher standardized test scores and by higher grade point averages. -(2) Pupils are less likely to drop out of school. -(3) Pupils are less likely to have discipline problems, or to engage in behaviors that lead to pregnancy or arrest. -(4) Pupils are likely to maintain higher attendance rates in school. -(5) Pupils are more likely to develop a sense of civic responsibility and an ethic of service in their communities. -(6) Pupils report greater acceptance of cultural diversity and show increased awareness of cultural differences, including positive attitudes toward helping others. -(7) Pupils show increases in measures of personal and social responsibility, perceive themselves to be more socially competent, and are more likely to increase their sense of self-esteem and self-efficacy. -(d) This act is intended to promote volunteer service performed by pupils, since research has demonstrated many positive outcomes of pupil volunteer service, including, but not necessarily limited to, all of the following: -(1) Senior pupils who are engaged in volunteer work, whether through school or on their own, are likely to have significantly higher civics assessment scale scores than pupils who did not participate in volunteer work as reported by the National Assessment of Educational Progress in 1998. -(2) Community leaders report that service learning partnerships help build more positive community attitudes toward youth. -(3) Schools that support service learning and community service are more likely to have positive relationships with their community. -SEC. 2. -Section 51221.1 is added to the Education Code, to read: -51221.1. -(a) The Superintendent shall develop curriculum standards for courses that incorporate a service learning component in order to satisfy the requirements of paragraph (3) of subdivision (a) of Section 51225.3. In developing the curriculum standards under this section, the Superintendent shall consult with leaders of community organizations, pupils, parents, classroom teachers, school administrators, postsecondary educators, representatives of business and industry, and other persons with knowledge or experience the Superintendent deems appropriate to the task of developing these curriculum standards. The persons the Superintendent consults with pursuant to this section shall represent, as much as feasible, the diverse regions and socioeconomic communities of this state. -(b) (1) The Superintendent shall submit the proposed curriculum standards developed under subdivision (a) to the state board for its review on or before March 1, 2018. The state board shall adopt or reject curriculum standards that incorporate a service learning component into courses on or before July 1, 2018. If the state board adopts the proposed curriculum standards, the curriculum standards shall be implemented by school districts, commencing with the 2018–19 school year, as a component of courses in order to satisfy the requirements of paragraph (3) of subdivision (a) of Section 51225.3. -(2) If the state board rejects the curriculum standards proposed under this subdivision, the state board shall submit a written explanation of the reasons why the proposed curriculum standards were rejected to the Superintendent, the Legislature, and the Governor. -SEC. 3. -Section 51225.3 of the Education Code, as amended by Section 2 of Chapter 888 of the Statutes of 2014, is amended to read: -51225.3. -(a) A pupil shall complete -coursework in accordance with -all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school: -(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified: -(A) Three courses in English. -(B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35. -(C) Two courses in science, including biological and physical sciences. -(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics. -(E) One course in visual or performing arts or foreign language. For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language. -(F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code. -(2) Other coursework requirements adopted by the governing board of the school district. -(3) (A) Commencing with the high school class graduating during the 2021–22 school year, and for the high school classes graduating in each subsequent school year, at least one of the courses completed by a pupil to satisfy the requirements of this subdivision shall have a service learning component. -(B) For purposes of this subdivision, “service learning” is defined as follows: -(i) It is a method through which pupils or participants learn and develop through active participation in thoughtfully organized service that: (I) is conducted in, and meets the needs of, a community; (II) is coordinated with a secondary school and with the community; and (III) helps foster civic responsibility. -(ii) It is a method that: (I) is integrated into, and enhances, the standards-based academic curriculum of the pupils; and (II) provides structured time for the pupils or participants to reflect on the service experience. -(b) The governing -board, -board of the school district, -with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public. -(c) If a pupil completed a career technical education course that met the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, as amended by the act adding this section, before the inoperative date of that section, that course shall be deemed to fulfill the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of this section. -(d) This section shall become operative upon the date that Section 51225.3, as amended by the act adding this section, becomes inoperative. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes a system of public elementary and secondary schools in this state, and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law prescribes the course of study a pupil is required to complete while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. These requirements include the completion of 3 courses in social studies, including one-year courses in United States history and geography and world history, culture, and geography, and one-semester courses in American government and economics. -This bill would express legislative findings and declarations relating to service learning. The bill would additionally require, commencing with the high school class graduating during the 2021–22 school year, and for the high school classes graduating in each subsequent school year, at least one of the courses completed by a pupil to satisfy the graduation requirements referenced above to have a service learning component. The bill would define “service learning” for this purpose. -The bill would require the Superintendent of Public Instruction to develop curriculum standards for courses that incorporate a service learning component in order to satisfy the requirements of this bill. The bill would require the Superintendent to consult with leaders of community organizations, pupils, parents, classroom teachers, school administrators, postsecondary educators, representatives of business and industry, and other persons with knowledge or experience the Superintendent deems appropriate to the task of developing these curriculum standards. The bill would require the Superintendent to submit these proposed curriculum standards to the State Board of Education on or before March 1, 2018, and for the state board to adopt or reject curriculum standards that incorporate a service learning component into courses on or before July 1, 2018. -If the state board adopts these proposed curriculum standards, the bill would require the curriculum standards to be implemented by school districts, commencing with the 2018–19 school year, as a component of courses in order to satisfy the graduation requirements enacted by this bill. To the extent the implementation of these curriculum standards would impose new duties on school districts, this bill would impose a state-mandated local program. -(2)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 51225.3 of, and to add Section 51221.1 to, the Education Code, relating to school curriculum." -891,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 87482.3 is added to the Education Code, to read: -87482.3. -(a) (1) On or after January 1, 2017, community college districts that do not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2017, shall commence negotiations with the exclusive representatives for part-time, temporary faculty regarding the terms and conditions required by subdivision (b). The parties shall negotiate these rights for part-time, temporary faculty. -(2) It is the intent of the Legislature that both of the following shall occur: -(A) The adoption of provisions in compliance with subdivision (b) shall be included as part of the usual and customary negotiations between the community college district and the exclusive representative for part-time, temporary faculty. -(B) A community college district shall meet the minimum standards established by this section through the negotiation process between the community college district and the exclusive representative for part-time, temporary faculty. -(b) (1) A community college district that enters into a collective bargaining agreement on or after January 1, 2017, shall comply with all of the following: -(A) Upon initial hire, and subsequently thereafter, a part-time, temporary faculty member shall be evaluated pursuant to the requirements of Section 87663. -(B) After six semesters or nine quarters of service, exclusive of summer and intersession terms, each part-time, temporary faculty member who has not received a less-than-satisfactory evaluation during the preceding six semesters or nine quarters of service shall be placed on a seniority list for each assignment at each college where he or she holds a current assignment during the seventh semester or 10th quarter of service, irrespective of how many times he or she has completed each unique assignment. The seniority for all assignments shall be determined based on the first date of hire at the applicable college. Seniority lists shall be by campus unless otherwise locally negotiated between the community college district and the exclusive representative for part-time, temporary faculty. -(C) For semester seven or quarter 10 and beyond, each community college district shall endeavor to maintain the workload equivalent that the part-time, temporary faculty member was assigned during semester six or quarter nine, subject to all of the following: -(i) As new assignments become available due to growth or attrition, these assignments shall be offered in seniority order to those part-time, temporary faculty members who have qualified to be placed on the seniority list pursuant to subparagraph (B), and previously successfully completed that same assignment. These assignments may be made up to a maximum annualized load, exclusive of summer and intersession terms, in the range of 60 to 67 percent of a full-time equivalent load. -(ii) In cases where a reduction in assignment needs to occur due to program needs, budget constraints, or more contract faculty hires, the reduction shall occur first from among those part-time, temporary faculty members who have not yet qualified to be placed on the seniority list, and thereafter in reverse seniority order, with the least senior part-time, temporary faculty member reduced first. Any rights to a certain workload equivalent shall be maintained for a period of 18 months. In cases of class cancellation due to low enrollment, faculty members shall displace faculty members who are lower than they are on the seniority list, if the class cancellation occurs prior to the first class meeting day. -(iii) Each new assignment successfully completed shall be added to the part-time, temporary faculty member seniority list. -(D) Procedures governing refusal or rejection of offered assignments, diminution or loss of seniority rights, and additional leave or break-in-service provisions shall be locally negotiated between the community college district and the exclusive representative for part-time, temporary faculty. -(E) In cases where a part-time, temporary faculty member, subsequent to qualifying to be placed on the seniority list, receives a less-than-satisfactory evaluation, as that term is defined in the collective bargaining agreement between the community college district and the exclusive representative for part-time, temporary faculty, the faculty member shall be provided a written plan of remediation with concrete suggestions for improvement. The faculty member shall be evaluated again the following semester. If the outcome of this subsequent evaluation is also less than satisfactory, the faculty member shall lose all seniority rights, and may be dismissed at the discretion of the district. Appeal and grievance rights and procedures, if any, shall be subject to local collective bargaining. -(F) In all cases, part-time faculty assignments are temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member has a reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference seniority of that part-time, temporary faculty member. -(2) (A) A community college district that has a collective bargaining agreement in effect as of January 1, 2017, that has provisions in place that require implementation of all of the following, and executes a signed written agreement pursuant to subparagraph (B), shall be exempt from this subdivision upon the expiration of that agreement: -(i) Part-time, temporary faculty assignment based on seniority up to the range of 60 to 67 percent of a full-time equivalent load. -(ii) A regular evaluation process for part-time, temporary faculty. -(iii) Due process for termination once a part-time, temporary faculty member has qualified for the negotiated provisions. -(B) A written agreement, confirming that provisions requiring the implementation of clauses (i) to (iii), inclusive, have been included in a collective bargaining agreement in effect as of January 1, 2017, shall be signed by the exclusive representative for part-time, temporary faculty and the community college district, who are subject to that agreement, in order for the district to be exempt from this subdivision pursuant to subparagraph (A). -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. -Existing law requires that a person employed to teach adult or community college classes for not more than 67% of the hours per week of a full-time employee having comparable duties, excluding substitute service, be classified as a temporary employee and not a contract employee. -This bill would require community college districts without a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2017, to, on or after January 1, 2017, commence negotiations with the exclusive representatives for part-time, temporary faculty regarding the terms and conditions required by the bill. The bill would specify minimum standards for the treatment of part-time, temporary faculty to be met by community college collective bargaining agreements negotiated on or after January 1, 2017, that are not exempt, as specified. These standards would relate to, among other issues, evaluation procedures, workload distribution, and seniority rights. -To the extent that this bill would impose new duties on community college districts, it would constitute a state-mandated local program. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 87482.3 to the Education Code, relating to community colleges." -892,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 148.5 of the Penal Code is amended to read: -148.5. -(a) Every person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the Attorney General, or a deputy attorney general, or a district attorney, or a deputy district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor. -(b) Every person who reports to any other peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the peace officer is engaged in the performance of his or her duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer. -(c) Except as provided in subdivisions (a) and (b), every person who reports to any employee who is assigned to accept reports from citizens, either directly or by telephone, and who is employed by a state or local agency which is designated in Section 830.1, 830.2, subdivision (e) of Section 830.3, Section 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, or 830.4, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the employee is engaged in the performance of his or her duties as an agency employee and (2) the person providing the false information knows or should have known that the person receiving the information is an agency employee engaged in the performance of the duties described in this subdivision. -(d) Every person who makes a report to a grand jury that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor. This subdivision shall not be construed as prohibiting or precluding a charge of perjury or contempt for any report made under oath in an investigation or proceeding before a grand jury. -(e) This section does not apply to reports made by persons who are required by statute to report known or suspected instances of child abuse, dependent adult abuse, or elder abuse. -(f) This section applies to a person who reports to a person described in subdivision (a), (b), or (c), that a firearm, as defined in subdivision (a) or (b) of Section 16520, has been lost or stolen, knowing the report to be false. -SEC. 2. -Section 29805 of the Penal Code is amended to read: -29805. -(a) Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. -(b) The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860. -SEC. 2.5. -Section 29805 of the Penal Code is amended to read: -29805. -(a) Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 490.2 if the property taken was a firearm, 496 if the property consists of a firearm, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. -(b) The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860. -SEC. 3. -Section 2.5 of this bill incorporates amendments to Section 29805 of the Penal Code proposed by both this bill and Assembly Bill 1176. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 29805 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1176, in which case Section 2 of this bill shall not become operative. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law makes it a misdemeanor to make a false report to a peace officer, or to a person who is employed by a law enforcement agency, as specified, that a felony or misdemeanor has been committed, knowing the report to be false. -This bill would make that prohibition applicable to a person who reports to certain individuals and peace officers that a firearm has been lost or stolen, knowing the report to be false. By changing the definition of an existing crime, this bill would impose a state-mandated local program. The bill would also make it a misdemeanor for a person convicted of violating this provision to own a firearm within 10 years of the conviction. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. -(2) This bill would incorporate additional changes to Section 29805 of the Penal Code, proposed by AB 1176, that would become operative only if AB 1176 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 148.5 and 29805 of the Penal Code, relating to firearms." -893,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) requires California to reduce the emissions of greenhouse gases to 1990 levels by 2020. -(b) In January 2015, Governor Brown issued an executive order declaring a statewide goal of reducing petroleum use by 50 percent by 2030 in order to reduce the emissions of greenhouse gases. -(c) To address the long-term goals of reducing the emissions of greenhouse gases in California, the Legislature enacted the California Alternative and Renewable Fuel, Vehicle Technology, Clean Air and Carbon Reduction Act of 2007 (Chapter 8.9 (commencing with Section 44270) of Part 5 of Division 26 of the Health and Safety Code) that established the Alternative and Renewable Fuel and Vehicle Technology Program to provide up to $100 million in grants each year to help California establish and expand alternative and renewable fuel production and infrastructure. -(d) As policies that reduce the emissions of greenhouse gases and petroleum use go into effect, the job market will inevitably change, resulting in a greater emphasis on green jobs. -(e) To ensure that the skills and technical training in existing industries are integrated into the new green economy, it is incumbent on the state to foster earn-and-learn pathways and additional training opportunities to transition workers from the carbon-based economy to jobs focused on alternative and renewable fuels to match growing demand. -SEC. 2. -Section 44272 of the Health and Safety Code is amended to read: -44272. -(a) The Alternative and Renewable Fuel and Vehicle Technology Program is hereby created. The program shall be administered by the commission. The commission shall implement the program by regulation pursuant to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The program shall provide, upon appropriation by the Legislature, competitive grants, revolving loans, loan guarantees, loans, or other appropriate funding measures to public agencies, vehicle and technology entities, businesses and projects, public-private partnerships, workforce training partnerships and collaboratives, fleet owners, consumers, recreational boaters, and academic institutions to develop and deploy innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. The emphasis of this program shall be to develop and deploy technology and alternative and renewable fuels in the marketplace, without adopting any one preferred fuel or technology. -(b) A project that receives more than seventy-five thousand dollars ($75,000) in funds from the commission shall be approved at a noticed public meeting of the commission and shall be consistent with the priorities established by the investment plan adopted pursuant to Section 44272.5. Under this article, the commission may delegate to the commission’s executive director, or his or her designee, the authority to approve either of the following: -(1) A contract, grant, loan, or other agreement or award that receives seventy-five thousand dollars ($75,000) or less in funds from the commission. -(2) Amendments to a contract, grant, loan, or other agreement or award as long as the amendments do not increase the amount of the award, change the scope of the project, or modify the purpose of the agreement. -(c) The commission shall provide preferences to those projects that maximize the goals of the Alternative and Renewable Fuel and Vehicle Technology Program, based on the following criteria, as applicable: -(1) The project’s ability to provide a measurable transition from the nearly exclusive use of petroleum fuels to a diverse portfolio of viable alternative fuels that meet petroleum reduction and alternative fuel use goals. -(2) The project’s consistency with existing and future state climate change policy and low-carbon fuel standards. -(3) The project’s ability to reduce criteria air pollutants and air toxics and reduce or avoid multimedia environmental impacts. -(4) The project’s ability to decrease, on a life-cycle basis, the discharge of water pollutants or any other substances known to damage human health or the environment, in comparison to the production and use of California Phase 2 Reformulated Gasoline or diesel fuel produced and sold pursuant to California diesel fuel regulations set forth in Article 2 (commencing with Section 2280) of Chapter 5 of Division 3 of Title 13 of the California Code of Regulations. -(5) The project does not adversely impact the sustainability of the state’s natural resources, especially state and federal lands. -(6) The project provides nonstate matching funds. Costs incurred from the date a proposed award is noticed may be counted as nonstate matching funds. The commission may adopt further requirements for the purposes of this paragraph. The commission is not liable for costs incurred pursuant to this paragraph if the commission does not give final approval for the project or the proposed recipient does not meet requirements adopted by the commission pursuant to this paragraph. -(7) The project provides economic benefits for California by promoting California-based technology firms, jobs, and businesses. -(8) The project uses existing or proposed fueling infrastructure to maximize the outcome of the project. -(9) The project’s ability to reduce on a life-cycle assessment greenhouse gas emissions by at least 10 percent, and higher percentages in the future, from current reformulated gasoline and diesel fuel standards established by the state board. -(10) The project’s use of alternative fuel blends of at least 20 percent, and higher blend ratios in the future, with a preference for projects with higher blends. -(11) The project drives new technology advancement for vehicles, vessels, engines, and other equipment, and promotes the deployment of that technology in the marketplace. -(12) The project’s ability to transition workers to, or promote employment in, the alternative and renewable fuel and vehicle technology sector. -(d) The commission shall rank applications for projects proposed for funding awards based on solicitation criteria developed in accordance with subdivision (c), and shall give additional preference to funding those projects with higher benefit-cost scores. -(e) Only the following shall be eligible for funding: -(1) Alternative and renewable fuel projects to develop and improve alternative and renewable low-carbon fuels, including electricity, ethanol, dimethyl ether, renewable diesel, natural gas, hydrogen, and biomethane, among others, and their feedstocks that have high potential for long-term or short-term commercialization, including projects that lead to sustainable feedstocks. -(2) Demonstration and deployment projects that optimize alternative and renewable fuels for existing and developing engine technologies. -(3) Projects to produce alternative and renewable low-carbon fuels in California. -(4) Projects to decrease the overall impact of an alternative and renewable fuel’s life-cycle carbon footprint and increase sustainability. -(5) Alternative and renewable fuel infrastructure, fueling stations, and equipment. The preference in paragraph (10) of subdivision (c) shall not apply to renewable diesel or biodiesel infrastructure, fueling stations, and equipment used solely for renewable diesel or biodiesel fuel. -(6) Projects to develop and improve light-, medium-, and heavy-duty vehicle technologies that provide for better fuel efficiency and lower greenhouse gas emissions, alternative fuel usage and storage, or emission reductions, including propulsion systems, advanced internal combustion engines with a 40 percent or better efficiency level over the current market standard, lightweight materials, intelligent transportation systems, energy storage, control systems and system integration, physical measurement and metering systems and software, development of design standards and testing and certification protocols, battery recycling and reuse, engine and fuel optimization electronic and electrified components, hybrid technology, plug-in hybrid technology, battery electric vehicle technology, fuel cell technology, and conversions of hybrid technology to plug-in technology through the installation of safety certified supplemental battery modules. -(7) Programs and projects that accelerate the commercialization of vehicles and alternative and renewable fuels including buy-down programs through near-market and market-path deployments, advanced technology warranty or replacement insurance, development of market niches, supply-chain development, and research related to the pedestrian safety impacts of vehicle technologies and alternative and renewable fuels. -(8) Programs and projects to retrofit medium- and heavy-duty onroad and nonroad vehicle fleets with technologies that create higher fuel efficiencies, including alternative and renewable fuel vehicles and technologies, idle management technology, and aerodynamic retrofits that decrease fuel consumption. -(9) Infrastructure projects that promote alternative and renewable fuel infrastructure development connected with existing fleets, public transit, and existing transportation corridors, including physical measurement or metering equipment and truck stop electrification. -(10) Workforce training programs related to the development and deployment of technologies that transform California’s fuel and vehicle types and assist the state in implementing its climate change policies, including, but not limited to, alternative and renewable fuel feedstock production and extraction; renewable fuel production, distribution, transport, and storage; high-performance and low-emission vehicle technology and high tower electronics; automotive computer systems; mass transit fleet conversion, servicing, and maintenance; and other sectors or occupations related to the purposes of this chapter, including training programs to transition dislocated workers affected by the state’s greenhouse gas emission policies, including those from fossil fuel sectors, or training programs for low-skilled workers to enter or continue in a career pathway that leads to middle skill, industry-recognized credentials or state-approved apprenticeship opportunities in occupations related to the purposes of this chapter. -(11) Block grants or incentive programs administered by public entities or not-for-profit technology entities for multiple projects, education and program promotion within California, and development of alternative and renewable fuel and vehicle technology centers. The commission may adopt guidelines for implementing the block grant or incentive program, which shall be approved at a noticed public meeting of the commission. -(12) Life-cycle and multimedia analyses, sustainability and environmental impact evaluations, and market, financial, and technology assessments performed by a state agency to determine the impacts of increasing the use of low-carbon transportation fuels and technologies, and to assist in the preparation of the investment plan and program implementation. -(13) A program to provide funding for homeowners who purchase a plug-in electric vehicle to offset costs associated with modifying electrical sources to include a residential plug-in electric vehicle charging station. In establishing this program, the commission shall consider funding criteria to maximize the public benefit of the program. -(f) The commission may make a single source or sole source award pursuant to this section for applied research. The same requirements set forth in Section 25620.5 of the Public Resources Code shall apply to awards made on a single source basis or a sole source basis. This subdivision does not authorize the commission to make a single source or sole source award for a project or activity other than for applied research. -(g) The commission may do all of the following: -(1) Contract with the Treasurer to expend funds through programs implemented by the Treasurer, if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270). -(2) Contract with small business financial development corporations established by the Governor’s Office of Business and Economic Development to expend funds through the Small Business Loan Guarantee Program if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270). -(3) Advance funds, pursuant to an agreement with the commission, to any of the following: -(A) A public entity. -(B) A recipient to enable it to make advance payments to a public entity that is a subrecipient of the funds and under a binding and enforceable subagreement with the recipient. -(C) An administrator of a block grant program. -(h) The commission shall collaborate with entities that have expertise in workforce development to implement the workforce development components of this section, including, but not limited to, the California Workforce Development Board, the Employment Training Panel, the Employment Development Department, and the Division of Apprenticeship Standards.","Existing law establishes the Alternative and Renewable Fuel and Vehicle Technology Program, administered by the State Energy Resources Conservation and Development Commission. Existing law requires the program to provide funding measures to certain entities to develop and deploy innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. Existing law requires the commission to provide preferences to projects that maximize the goals of the program based on certain criteria, including the project’s ability to provide economic benefits for California by promoting California-based technology firms, jobs, and businesses. Existing law specifies that projects eligible for funding include workforce training programs related to various sectors or occupations related to the purposes of the program. -This bill would add a project’s ability to transition workers to, or promote employment in, the alternative and renewable fuels and vehicle technology sector as additional criteria on which preference under the program shall be provided. The bill would revise the eligibility criteria for workforce training programs, as specified. The bill would require the commission to collaborate with entities, as specified, that have expertise in workforce development to implement the workforce development components of the program.","An act to amend Section 44272 of the Health and Safety Code, relating to vehicular air pollution." -894,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 13700 of the Welfare and Institutions Code is amended to read: -13700. -(a) The Legislature finds and declares all of the following: -(1) There are homeless minors living on the streets of major urban centers, suburban communities, and in rural areas in this state without adequate food, shelter, health care, or financial support. -(2) Many of these homeless youth in these urban centers come from out-of-city or out-of-county locations. -(3) The homeless child, in many instances, has a history of physical or sexual abuse at home, and of having been rejected or forced out of the parental home. -(4) While living on the streets, these youth fall prey to drug abuse, human trafficking, prostitution, and other illegal activities. -(5) Local public agencies are unable to provide these youth with an adequate level or range of remedial services. -(6) These homeless minors are urgently in need of specialized services to locate them, to assist them with their immediate survival needs, and to address their long-term need to reunite with their parents or find a suitable home. -(7) Two homeless youth emergency service pilot programs, one in the City of Los Angeles, and one in the City and County of San Francisco, have demonstrated the need for ongoing programs to meet the needs of homeless minors and the effectiveness of these programs in meeting these needs. -(8) While critical, immediate crisis intervention does not go far enough to help these youth make a successful transition to adulthood. Evidence supports transitional living programs as the key driver of positive outcomes for homeless youth. -(b) The purpose of this chapter -is therefore -is, therefore, -to maintain one homeless youth emergency project in the County of Los Angeles and one in the City and County of San Francisco, where the problem is most acute, and to the extent funds are appropriated in the Budget Act of 1991, to establish additional homeless youth emergency service pilot projects pursuant to this chapter. It is the further purpose of this chapter to examine the condition of homeless youth in major urban areas of this state with populations of 500,000 or more, as well as other urban, suburban, and rural areas, and develop a profile of homeless youth in terms of background and available services, in order to locate these youth, to provide for their emergency survival needs, and to assist them in reunification with their parents or in finding a suitable home. -SEC. 2. -Section 13700.5 of the Welfare and Institutions Code is amended to read: -13700.5. -For purposes of this chapter, “office” means the Office of Emergency Services. -SEC. 3. -Section 13701 of the Welfare and Institutions Code is amended to read: -13701. -Each homeless youth project established under this chapter shall provide services that shall include, but are not limited to, all of the following: -(a) Food and access to an overnight shelter. -(b) Counseling to address immediate emotional crises or problems. -(c) Outreach services to locate homeless youth and link them with services, and drop-in facilities to make the services accessible to the street population. -(d) Screening for basic health needs and referral to public and private agencies for health care. -(e) Linkage to other services offered by public and private agencies. -(f) Long-term stabilization planning so that the youth may be returned to the parental home under circumstances favoring long-term reunification with the family, or so that the youth can be suitably placed in a situation outside the family when family reunification is not possible. -(g) Followup services to ensure that the return to the family or the placement outside the family is stable. -(h) Transitional living services for homeless youth 18 through 24 years of age, inclusive, for a period of up to 36 months, with access to education and employment assistance, independent living skill development, and family engagement and interventions. -SEC. 4. -Section 13703 of the Welfare and Institutions Code is amended to read: -13703. -(a) One homeless youth emergency service project shall be established in the County of Los Angeles and one shall be established in the City and County of San Francisco. One homeless youth emergency service project shall also be established in the County of San Diego, and one shall be established in the County of Santa Clara. The office shall establish additional homeless youth emergency service projects in -the County of Orange and -other counties, with a priority given to counties that lack existing services for runaway and homeless youth. -The office shall, with input from stakeholders, develop criteria for the selection of grantees and the determination of grant amounts under the grant program. For purposes of this section, stakeholders shall include, but not be limited to, current and former homeless youth and representatives from advocacy groups serving homeless youth. -Each project may have one central location or may have more than one location in the service area in order to serve effectively the area population of homeless youth. Each project shall be operated by an agency in accordance with the grant award agreement with the office. -(b) (1) The office shall prepare and disseminate a request for proposals for grantees under this chapter by February 15, 1986. The office shall enter into grant award agreements, and the operation of pilot projects shall begin, not later than June 1, 1986. With respect to projects to be established in the County of San Diego and the County of Santa Clara, the office shall prepare and disseminate a request for proposals for grantees under this chapter by March 31, 1992. The office shall enter into grant award agreements and the operation of these projects shall begin not later than July 1, 1992. -(2) With respect to additional homeless youth emergency service projects to be established pursuant to funding appropriated by the act that added this paragraph, the office shall prepare and disseminate requests for proposals -not -no -later than March 31, 2017. -(c) An agency eligible to apply for funds under this chapter and to operate a homeless youth emergency service project shall be a private, nonprofit agency with a demonstrated record of success in the delivery of services to homeless youth. The agency selected for each project shall demonstrate the ability to provide each of the services described in Section 13701, either directly or under subcontract with a competent provider. Preference shall be given to agencies that demonstrate a history of coordination with other public and private agencies in the service region that provide services to homeless youth. Preference shall also be given to agencies that will involve a network of youth-serving agencies in the delivery of services to homeless youth under this chapter. -SEC. 5. -The sum of twenty-five million dollars ($25,000,000) is hereby appropriated from the General Fund to the Office of Emergency Services to provide additional funding for homeless youth emergency service projects established pursuant to Chapter 6 (commencing with Section 13700) of Part 3 of Division 9 of the Welfare and Institutions Code.","Existing law establishes the Homeless Youth and Exploitation Program, under which homeless youth emergency service projects are established in the Counties of Los Angeles, Santa Clara, San Diego, and the City and County of San Francisco through a grant program to eligible private, nonprofit agencies with a demonstrated record of success in the delivery of services to homeless youth. Under existing law, this program is administered by the Office of Emergency Services. Existing law requires each project to provide specified services, including food and access to overnight shelter, counseling to address immediate emotional crises and problems, and long-term stabilization planning. -This bill would require -a homeless youth emergency service project to be established in the County of Orange and would require -the Office of Emergency Services to establish additional -homeless youth emergency service -projects in other counties with a priority given to counties that lack existing services for runaway and homeless youth. -The bill would require the Office of Emergency Services to develop, with input from specified stakeholders, criteria for the selection of grantees and the determination of grant amounts under the grant program. -The bill would additionally require each project to provide transitional living services for designated homeless youth for a period of up to 36 months, with access to education and employment assistance, independent living skill development, and family engagement and interventions. The bill would appropriate $25,000,000 from the General Fund to the Office of Emergency Services to provide additional funding for these homeless youth emergency service projects.","An act to amend Sections 13700, 13700.5, 13701, and 13703 of the Welfare and Institutions Code, relating to homeless youth, and making an appropriation therefor." -895,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4030 of the Penal Code is amended to read: -4030. -(a) (1) The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout California. Consequently, some people have been arbitrarily subjected to unnecessary strip and body cavity searches after arrests for minor misdemeanor and infraction offenses. Some present search practices violate state and federal constitutional rights to privacy and freedom from unreasonable searches and seizures. -(2) It is the intent of the Legislature in enacting this section to protect the state and federal constitutional rights of the people of California by establishing a statewide policy strictly limiting strip and body cavity searches. -(b) The provisions of this section shall apply only to prearraignment detainees arrested for infraction or misdemeanor offenses and to any minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code alleged to have committed a misdemeanor or infraction offense. The provisions of this section shall not apply to a person in the custody of the Secretary of the Department of Corrections and Rehabilitation or the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation. -(c) As used in this section the following definitions shall apply: -(1) “Body cavity” only means the stomach or rectal cavity of a person, and vagina of a female person. -(2) “Physical body cavity search” means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity. -(3) “Strip search” means a search which requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of such person. -(4) “Visual body cavity search” means visual inspection of a body cavity. -(d) (1) Notwithstanding any other law, including Section 40304.5 of the Vehicle Code, if a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, body scanners, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell. -(2) An agency that utilizes a body scanner pursuant to this subdivision shall endeavor to avoid knowingly using a body scanner to scan a woman who is pregnant. -(e) A person arrested and held in custody on a misdemeanor or infraction offense, except those involving weapons, controlled substances, or violence, or a minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code, except for those minors alleged to have committed felonies or offenses involving weapons, controlled substances, or violence, shall not be subjected to a strip search or visual body cavity search prior to placement in the general jail population, unless a peace officer has determined there is reasonable suspicion, based on specific and articulable facts, to believe that person is concealing a weapon or contraband, and a strip search will result in the discovery of the weapon or contraband. A strip search or visual body cavity search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty. The authorization shall include the specific and articulable facts and circumstances upon which the reasonable suspicion determination was made by the supervisor. -(f) (1) Except pursuant to the provisions of paragraph (2), a person arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances, or violence, shall not be confined in the general jail population unless all of the following are true: -(A) The person is not cited and released. -(B) The person is not released on his or her own recognizance pursuant to Article 9 (commencing with Section 1318) of Chapter 1 of Title 10 of Part 2. -(C) The person is not able to post bail within a reasonable time, not less than three hours. -(2) A person shall not be housed in the general jail population prior to release pursuant to the provisions of paragraph (1) unless a documented emergency exists and there is no reasonable alternative to that placement. The person shall be placed in the general population only upon prior written authorization documenting the specific facts and circumstances of the emergency. The written authorization shall be signed by the uniformed supervisor of the facility or by a uniformed watch commander. A person confined in the general jail population pursuant to paragraph (1) shall retain all rights to release on citation, his or her own recognizance, or bail that were preempted as a consequence of the emergency. -(g) A person arrested on a misdemeanor or infraction offense, or a minor described in subdivision (b), shall not be subjected to a physical body cavity search except under the authority of a search warrant issued by a magistrate specifically authorizing the physical body cavity search. -(h) A copy of the prior written authorization required by subdivisions (e) and (f) and the search warrant required by subdivision (g) shall be placed in the agency’s records and made available, on request, to the person searched or his or her authorized representative. With regard to a strip search or visual or physical body cavity search, the time, date, and place of the search, the name and sex of the person conducting the search, and a statement of the results of the search, including a list of items removed from the person searched, shall be recorded in the agency’s records and made available, upon request, to the person searched or his or her authorized representative. -(i) Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched. -(j) A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II licensed to practice in this state. A physician engaged in providing health care to detainees and inmates of the facility may conduct physical body cavity searches. -(k) (1) A person conducting or otherwise present or within sight of the inmate during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel. -(2) A person within sight of the visual display of a body scanner depicting the body during a scan shall be of the same sex as the person being scanned, except for physicians or licensed medical personnel. -(l) All strip, visual, and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted. -(m) A person who knowingly and willfully authorizes or conducts a strip search or visual or physical body cavity search in violation of this section is guilty of a misdemeanor. -(n) This section does not limit the common law or statutory rights of a person regarding an action for damages or injunctive relief, or preclude the prosecution under another law of a peace officer or other person who has violated this section. -(o) Any person who suffers damage or harm as a result of a violation of this section may bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorney’s fees.","Existing law generally prohibits strip searches and body cavity searches of prearraignment detainees arrested for infraction or misdemeanor offenses. Existing law allows a person who has been arrested and taken into custody to be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell. -This bill would also allow law enforcement personnel to subject a person who is arrested and taken into custody to a body scanner search for those weapons or substances. The bill would require an agency utilizing a body scanner to endeavor to avoid knowingly using a body scanner to scan a woman who is pregnant. The bill would require a person within sight of the visual display of a body scanner depicting the body during a scan to be of the same sex as the person being scanned, except for physicians or licensed medical personnel.","An act to amend Section 4030 of the Penal Code, relating to jails." -896,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3003 of the Government Code is amended to read: -3003. -(a) An elected officer of the state or a city, county, city and county, or district in this state forfeits his or her office upon the conviction of a crime pursuant to the federal Stolen Valor Act of 2013 (18 U.S.C. Sec. 704) or the California Stolen Valor Act (as specified in Section 532b of the Penal Code), that involves a fraudulent claim, made with the intent to obtain money, property, or other tangible benefit, that the person is a veteran or a member of the Armed Forces of the United States, as prescribed in those acts. -(b) For purposes of this section, the following terms shall have the following meanings: -(1) “District” means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries. -(2) “Tangible benefit” means financial remuneration, an effect on the outcome of a criminal or civil court proceeding, -an effect on an election, -or any benefit relating to service in the military that is provided by a federal, state, or local governmental entity. -SEC. 2. -Section 532b of the Penal Code is amended to read: -532b. -(a) Any person who fraudulently represents himself or herself as a veteran or ex-serviceman of any war in which the United States was engaged, in connection with the soliciting of aid or the sale or attempted sale of any property, is guilty of a misdemeanor. -(b) Any person who fraudulently claims, or presents himself or herself, to be a veteran or member of the Armed Forces of the United States, the California National Guard, the State Military Reserve, the Naval Militia, the national guard of any other state, or any other reserve component of the Armed Forces of the United States, with the intent to obtain money, property, or other tangible benefit, is guilty of a misdemeanor. -(c) (1) Except as provided in paragraph (2), any person who, orally, in writing, or by wearing any military decoration, falsely represents himself or herself to have been awarded any military decoration, with the intent to obtain money, property, or other tangible benefit, is guilty of a misdemeanor. -(2) This offense is an infraction or a misdemeanor, subject to Sections 19.6, 19.7, and 19.8, if the person committing the offense is a veteran of the Armed Forces of the United States. -(d) Any person who forges documentation reflecting the awarding of any military decoration that he or she has not received for the purposes of obtaining money, property, or receiving a tangible benefit is guilty of a misdemeanor. -(e) Any person who knowingly, with the intent to impersonate and to deceive, for the purposes of obtaining money, property, or receiving a tangible benefit, misrepresents himself or herself as a member or veteran of the Armed Forces of the United States, the California National Guard, the State Military Reserve, or the Naval Militia by wearing the uniform or military decoration authorized for use by the members or veterans of those forces, is guilty of a misdemeanor. -(f) Any person who knowingly utilizes falsified military identification for the purposes of obtaining money, property, or receiving a tangible benefit, is guilty of a misdemeanor. -(g) Any person who knowingly, with the intent to impersonate, for the purposes of promoting a business, charity, or endeavor, misrepresents himself or herself as a member or veteran of the Armed Forces of the United States, the California National Guard, the State Military Reserve, or the Naval Militia by wearing the uniform or military decoration authorized for use by the members or veterans of those forces, is guilty of a misdemeanor. -(h) Any person who knowingly, with the intent to gain an advantage for employment purposes, misrepresents himself or herself as a member or veteran of the Armed Forces of the United States, the California National Guard, the State Military Reserve, or the Naval Militia by wearing the uniform or military decoration authorized for use by the members or veterans of those forces, is guilty of a misdemeanor. -(i) This section does not apply to face-to-face solicitations involving less than ten dollars ($10). -(j) This section, Section 3003 of the Government Code, and Section 1821 of the Military and Veterans Code shall be known and may be cited as the California Stolen Valor Act. -(k) For purposes of this section, the following terms shall have the following meanings: -(1) “Military decoration” means any decoration or medal from the Armed Forces of the United States, the California National Guard, the State Military Reserve, or the Naval Militia, or any service medals or badges awarded to the members of those forces, or the ribbon, button, or rosette of that badge, decoration, or medal, or any colorable imitation of that item. -(2) “Tangible benefit” means financial remuneration, an effect on the outcome of a criminal or civil court proceeding, -an effect on an election, -or any benefit relating to service in the military that is provided by a federal, state, or local governmental entity. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires certain elected officers to forfeit their office upon the conviction of a crime pursuant to the federal Stolen Valor Act of 2005 that involves a false claim of receipt of any military decoration or medal, as specified, or the California Stolen Valor Act that involves a false claim, made with the intent to defraud, that the person is a veteran or a member of the Armed Forces of the United States. Existing law, the federal Stolen Valor Act of 2013, prohibits a person, with the intent to obtain money, property, or other tangible property, from fraudulently holding oneself out to be a recipient of a military decoration or medal, as specified. -This bill would instead require these elected officers to forfeit their office upon the conviction of a crime pursuant to the federal Stolen Valor Act of 2013 or the California Stolen Valor Act that involves a fraudulent claim, made with the intent to obtain money, property, or other tangible benefit, as defined, that the person is a veteran or a member of the Armed Forces of the United States, as prescribed in those acts. -Existing law makes it a misdemeanor for a person to falsely represent himself or herself as a veteran or member of the Armed Forces of the United States in connection with specified acts. Existing law provides that any person who, orally, in writing, or by wearing any military decoration, falsely represents himself or herself to have been awarded any military decoration, with the intent to defraud, is guilty of a misdemeanor. -This bill would conform those provisions to the federal Stolen Valor Act of 2013, and impose a misdemeanor only if the prescribed actions described above are made with the intent to obtain money, property, or other tangible benefit, as defined. The bill would expand the above-described crime related -to -misrepresentation to -include -a person who falsely represents himself or herself as a veteran or member of other specified armed forces with the intent to obtain money, property, or other tangible -benefits. -benefit. -The bill would additionally make it a misdemeanor for a person to misrepresent himself or herself as a member or veteran of specified armed forces in connection with certain acts, such as, among other things, the forgery or use of falsified military documentation, or for purposes of employment or promoting a business, charity, or other endeavor, as prescribed. -By creating new crimes, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 3003 of the Government Code, and to amend Section 532b of the Penal Code, relating to military fraud." -897,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 44258.6 is added to the Health and Safety Code, to read: -44258.6. -(a) On or before January 1, 2019, the state board shall develop and implement a comprehensive program to promote zero-emission and near-zero-emission vehicle deployment in the state to drastically increase the use of those vehicles and to meet the goals established by the Governor and the Legislature, including, but not limited to, the ZEV Action Plan by the Governor’s Interagency Working Group on Zero-Emission Vehicles and the Charge Ahead California Initiative. -(b) (1) The program shall consist of a portfolio of incentives, including, but not limited to, the following: -(A) An employer incentive program, including, but not limited to, incentives targeted at companies located outside population centers or companies whose employees commute from a 50-mile radius. -(B) An incentive program targeted at low-income individuals for the purchase or leasing of zero-emission or near-zero-emission vehicles. -(C) Onroad incentives. -(2) Incentives may include grants, loans, revolving loans, or other appropriate measures. -(3) In implementing the program, the state board shall consult with the State Energy Resources Conservation and Development Commission to identify opportunities for coordination with investment in zero-emission and near-zero-emission vehicle infrastructure pursuant to Section 44272. -(c) Moneys in the Greenhouse Gas Reduction Fund, the Air Quality Improvement Fund, or the Alternative and Renewable Fuel and Vehicle Technology Fund shall be made available, upon appropriation by the Legislature, for the program. -(d) The state board, in accordance with Section 9795 of the Government Code, shall submit an annual report to the Legislature regarding the efficacy of the program. -SEC. 2. -Section 6012.4 is added to the Revenue and Taxation Code, to read: -6012.4. -(a) On or after January 1, 2017, for purposes of this part, “gross receipts” and “sales price” do not include that portion of the cost of a new or used near-zero or zero-emission vehicle purchased by a low-income purchaser that does not exceed forty thousand dollars ($40,000). -(b) For purposes of this section: -(1) “Low-income purchaser” means an individual or individuals whose household income does not exceed 80% of the median income of the county in which they reside as determined by the United States Department of Housing and Urban Development. -(2) “Near-zero-emission vehicle” means a vehicle that utilizes zero-emission technologies, enables technologies that provide a pathway to zero-emissions operations, or incorporates other technologies that significantly reduce criteria pollutants, toxic air contaminants, and greenhouse gas emissions, as defined by the State Air Resources Board in consultation with the State Energy Resources Conservation and Development Commission consistent with meeting the state’s mid- and long-term air quality standards and climate goals. -(3) “Zero-emission vehicle” means a vehicle that produces no emissions of criteria pollutants, toxic air contaminants, and greenhouse gases when stationary or operating, as determined by the State Air Resources Board. -(c) Notwithstanding any provision of the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) or the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section shall not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws. -SEC. 3. -Section 17060.3 is added to the Revenue and Taxation Code, to read: -17060.3. -(a) For each taxable year beginning on or after January 1, 2017, and before January 1, 2026, there shall be allowed to a qualified taxpayer a credit against the “net tax,” as defined in Section 17039, in an amount equal to two thousand five hundred dollars ($2,500). -(b) For the purposes of this section: -(1) “Qualified taxpayer” means an individual or individuals who meet the income eligibility requirements specified by the State Air Resources Board pursuant to subparagraph (B) of paragraph (3) of subdivision (c) of Section 44258.4 of the Health and Safety Code and who purchased a near-zero or zero-emission vehicle during the taxable year. -(2) “Near-zero-emission vehicle” means a vehicle that utilizes zero-emission technologies, enables technologies that provide a pathway to zero-emissions operations, or incorporates other technologies that significantly reduce criteria pollutants, toxic air contaminants, and greenhouse gas emissions, as defined by the State Air Resources Board in consultation with the State Energy Resources Conservation and Development Commission consistent with meeting the state’s mid- and long-term air quality standards and climate goals. -(3) “Zero-emission vehicle” means a vehicle that produces no emissions of criteria pollutants, toxic air contaminants, and greenhouse gases when stationary or operating, as determined by the State Air Resources Board. -(c) (1) Subject to paragraph (2), in the case where the credit allowed by this section exceeds the “net tax” the excess may be carried over to reduce the “net tax,” in the following year, and succeeding six years if necessary, until the credit is exhausted. -(2) It is the intent of the Legislature to enact legislation to provide that in the case where the credit allowed by this section exceeds the “net tax,” the excess, in lieu of the carry forward pursuant to paragraph (1), may be refunded to taxpayers, upon appropriation by the Legislature. -(d) A qualified taxpayer shall make an irrevocable election to claim the credit allowed by this section in lieu of the deduction allowed by Section 17206.3. -(e) This section shall remain in effect only until December 1, 2026, and as of that date is repealed. -SEC. 4. -Section 17072 of the Revenue and Taxation Code is amended to read: -17072. -(a) Section 62 of the Internal Revenue Code, relating to adjusted gross income defined, shall apply, except as otherwise provided. -(b) Section 62(a)(2)(D) of the Internal Revenue Code, relating to certain expenses of elementary and secondary school teachers, shall not apply. -(c) Section 62(a)(21) of the Internal Revenue Code, relating to attorneys fees relating to awards to whistleblowers, shall not apply. -(d) For taxable years beginning on or after January 1, 2017, and before January 1, 2026, Section 62(a) of the Internal Revenue Code is modified to provide that the deduction under Section 17206.3 shall be allowed in determining adjusted gross income. -SEC. 5. -Section 17206.3 is added to the Revenue and Taxation Code, to read: -17206.3. -(a) For taxable years beginning on or after January 1, 2017, and before January 1, 2026, there shall be allowed as a deduction of two thousand five hundred dollars ($2,500) to a qualified taxpayer who, during the taxable year, purchased a near-zero or zero-emission vehicle. -(b) For the purposes of this section: -(1) “Qualified taxpayer” means an individual or individuals who meet the income eligibility requirements specified by the State Air Resources Board pursuant to subparagraph (B) of paragraph (3) of subdivision (c) of Section 44258.4 of the Health and Safety Code. -(2) “Near-zero-emission vehicle” means a vehicle that utilizes zero-emission technologies, enables technologies that provide a pathway to zero-emissions operations, or incorporates other technologies that significantly reduce criteria pollutants, toxic air contaminants, and greenhouse gas emissions, as defined by the State Air Resources Board in consultation with the State Energy Resources Conservation and Development Commission consistent with meeting the state’s mid- and long-term air quality standards and climate goals. -(3) “Zero-emission vehicle” means a vehicle that produces no emissions of criteria pollutants, toxic air contaminants, and greenhouse gases when stationary or operating, as determined by the State Air Resources Board. -(c) A qualified taxpayer shall make an irrevocable election to claim the deduction allowed by this section in lieu of the credit allowed by Section 17060.3. -(d) This section shall remain in effect only until December 1, 2026, and as of that date is repealed. -SEC. 6. -(a) In accordance with Section 41 of the Revenue and Taxation Code, on or before January 1, 2018, and each January 1 thereafter until January 1, 2027, the Franchise Tax Board, in consultation with the State Board of Equalization, shall annually prepare a written report to the Legislature regarding the efficacy of Sections 6012.4, 17060.3, and 17206.3 of the Revenue and Taxation Code, as added by Sections 2, 3, and 5 of this act. -(b) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. -SECTION 1. -The Legislature finds and declares all of the following: -(a)Advanced-technology light-duty vehicles are currently more expensive than equivalent conventional models. Despite a federal tax credit and the state’s vehicle incentive, the higher initial costs for zero-emission vehicles remain a barrier for many of the state’s consumers. -(b)Some advanced-technology light-duty vehicles require new infrastructure to enable convenient and cost-effective fueling, which can be a barrier to vehicle sales. This can include fueling infrastructure in homes, workplaces, and public spaces. -(c)Market penetration is slowed due to a lack of information for consumers on the benefits and availability of vehicles and the incentives available when they are ready to purchase or lease a vehicle. -(d)While the state has taken a leadership role to develop programs to assist the deployment of plug-in electric vehicles and fuel-cell electric vehicles in disadvantaged communities, any long-term plan designed by the state needs to address new and used car sales in disadvantaged communities. -SEC. 2. -Chapter 8.8 (commencing with Section 44269) is added to Part 5 of Division 26 of the -Health and Safety Code -, to read: -8.8. -Advanced-Technology Light-Duty Vehicles -44269. -(a)On or before January 1, 2019, the state board, in coordination with the State Energy Resources Conservation and Development Commission and the Department of Transportation, shall develop and implement a comprehensive program to promote advanced-technology light-duty vehicle deployment in the state to drastically increase the use of those vehicles and to meet the goals established by the Governor and the Legislature, including, but not limited to, the ZEV Action Plan by the Governor’s Interagency Working Group on Zero-Emission Vehicles and the Charge Ahead California Initiative (Chapter 8.5 (commencing with Section 44258)). -(b)The program established pursuant to this chapter shall include all of the following: -(1)Long-term market signals. -(2)Sustainable funding mechanisms. -(3)A portfolio of approaches. -(4)Support for low-income deployment in disadvantaged communities, as identified in Section 39711. -(c)The program established pursuant to this chapter may include, but need not be limited to, any of the following: -(1)On-road incentives. -(2)Point-of-sale incentives. -(3)Consumer tax incentives. -(4)In-home and parking infrastructure incentives.","Existing -(1) -Existing -law establishes the Air Quality Improvement Program that is administered by the State Air Resources Board for the purposes of funding projects related to, among other things, reduction of criteria air pollutants and improvement of air quality. Pursuant to the Air Quality Improvement Program, the state board has established the Clean Vehicle Rebate Project to promote the production and use of zero-emission -vehicles and the Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project to provide vouchers to help California fleets to purchase hybrid and zero-emission trucks and buses. -vehicles. -The Charge Ahead California Initiative, administered by the state board, includes goals of, among other things, placing in service at least 1,000,000 zero-emission and near-zero-emission vehicles by January 1, 2023, and increasing access for disadvantaged, low-income, and moderate-income communities and consumers to zero-emission and near-zero-emission vehicles. -This bill would require, on or before January 1, 2019, the state -board, in coordination with the State Energy Resources Conservation and Development Commission and the Department of Transportation, -board -to develop and implement a comprehensive program -comprised of a portfolio of incentives -to promote -advanced-technology light-duty -zero-emission and near-zero-emission -vehicle deployment in the state to drastically increase the use of those vehicles and to meet specified goals established by the Governor and the Legislature. -(2) The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption of tangible personal property purchased from a retailer for the storage, use, or other consumption in this state measured by sales price. That law defines the terms “gross receipts” and “sales price.” -This bill, on and after January 1, 2017, would exclude from “gross receipts” and “sales price” that portion of the cost of a new or used near-zero or zero-emission vehicle purchased by a low-income purchaser, as defined, that does not exceed $40,000. -The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes generally in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. -This bill would specify that this exemption does not apply to local sales and use taxes or transactions and use taxes. -(3) The Personal Income Tax Law allows various credits against the taxes imposed by that law. -This bill would, for taxable years beginning on or after January 1, 2017, and before January 1, 2026, allow a credit under the Personal Income Tax Law in an amount equal to $2,500 to a qualified taxpayer, as defined, who purchased a near-zero or zero-emission vehicle during the taxable year. This bill would state the intent of the Legislature to enact legislation to provide that the credit amount in excess of tax liability would be refundable in those years in which an appropriation for that purpose is made by the Legislature. -The Personal Income Tax Law, in modified conformity with federal income tax laws, allows various deductions from gross income in computing adjusted gross income under that law, including deductions for payments to individual retirement accounts, alimony payments, and interest on educational loans. -This bill, for taxable years beginning on or after January 1, 2017, and before January 1, 2026, would allow a deduction of $2,500 in computing adjusted gross income to a qualified taxpayer, as defined, who purchased a near-zero or zero-emission vehicle during the taxable year, as provided. -This bill would require a qualified taxpayer to make an irrevocable election to either claim the above-described deduction or credit for the taxable year. -(4) This bill would require the Franchise Tax Board to make an annual report to the Legislature regarding the tax provisions allowed by the bill.","An act to add -Chapter 8.8 (commencing with Section 44269) to Part 5 of Division 26 of the Health and Safety Code, -Section 44258.6 to the Health and Safety Code, and to amend Section 17072 of, to add Section 6012.4 to, and to add and repeal Sections 17060.3 and 17206.3 of, the Revenue and Taxation Code, -relating to vehicular air pollution." -898,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1686 is added to the Vehicle Code, to read: -1686. -(a) In order to continue to improve the quality of products and services it provides to its customers, the department, in conformance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, may establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for driver’s license renewals pursuant to Section 12800. -(b) (1) The department may enter into contractual agreements with qualified private industry partners to provide the services authorized under subdivision (a). The following three types of private industry partnerships are authorized under this section: -(A) A first-line business partner is an industry partner that receives data directly from the department and uses it to complete an activity authorized in subdivision (a), for that partner’s own business purposes. -(B) A first-line service provider is an industry partner that receives information from the department and then transmits it to another authorized industry partner. -(C) A second-line business partner is a partner that receives information from a first-line service provider. -(2) The private industry partner contractual agreements shall include the following minimum requirements: -(A) Filing of an application and payment of an application fee, as established by the department. -(B) Submission of information, including, but not limited to, fingerprints and personal history statements, focusing on and concerning the applicant’s character, honesty, integrity, and reputation as the department may consider necessary. -(C) Posting a bond in an amount consistent with Section 1815. -(3) A private industry partner’s contractual agreements shall be met for purposes of this section if the private industry partner satisfies the contractual agreements required in Section 1685. -(4) The department, by regulation, shall establish any additional requirements for the purpose of safeguarding privacy and protecting the information authorized for release under this section. -(c) The director, through the adoption of regulations, may establish the maximum amount that a qualified private industry partner may charge its customers in providing the services authorized under subdivision (a). -(d) The department shall charge a three-dollar ($3) transaction fee for each category of information and services provided under subdivision (a). The private industry partner may pass the transaction fee to the customer, but the total charge to a customer for any category of information and services may not exceed the amount established by the director under subdivision (c). -(e) All fees collected by the department pursuant to subdivision (d) shall be deposited in the Motor Vehicle Account. On January 1 of each year, the department shall adjust the fee in accordance with the California Consumer Price Index. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar. -(f) The department shall adopt or revise regulations and procedures that ensure adequate oversight and monitoring of qualified private industry partners to protect the department’s customers from the improper use of information provided to the qualified industry partner pursuant to this section. These regulations and procedures shall include provisions for qualified private industry partners to periodically submit records to the department, and the department shall review those records as necessary. The regulations shall also include provisions for the dedication of department resources to program monitoring and oversight; the protection of confidential records in the department’s files and databases; and the duration and nature of the contracts with qualified private industry partners. -(g) Notwithstanding Section 10231.5 of the Government Code, by October 1 of each year, the department shall provide a report to the Legislature that shall include all of the following information gathered during the fiscal year immediately preceding the report date: -(1) Listing of all qualified private industry partners, including names and business addresses. -(2) Volume of transactions, by type, completed by business partners. -(3) Total amount of funds, by transaction type, collected by business partners. -(4) Total amount of funds received by the department. -(5) Description of any fraudulent activities identified by the department. -(6) Evaluation of the benefits of the program. -(7) Recommendations for any administrative or statutory changes that may be needed to improve the program. -(h) A report submitted under subdivision (g) shall be submitted pursuant to Section 9795 of the Government Code. -(i) This section does not impair or limit the authority provided in Section 12155 of the Insurance Code. -SECTION 1. -Section 1685 of the -Vehicle Code -is amended to read: -1685. -(a)In order to continue improving the quality of products and services it provides to its customers, the department, in conformance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, may establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for all of the following: -(1)Vehicle registration and titling transactions. -(2)Driver’s license renewals. -(3)Eyesight and hearing tests. -(4)Fingerprinting services. -(5)Photography services. -(b)(1)The department may enter into contractual agreements with qualified private industry partners to provide the services authorized under subdivision (a). The following three types of private industry partnerships are authorized under this section: -(A)A first-line business partner is an industry partner that receives data directly from the department and uses it to complete an activity authorized in subdivision (a), for that partner’s own business purposes. -(B)A first-line service provider is an industry partner that receives information from the department and then transmits it to another authorized industry partner. -(C)A second-line business partner is a partner that receives information from a first-line service provider. -(2)The private industry partner contractual agreements shall include the following minimum requirements: -(A)Filing of an application and payment of an application fee, as established by the department. -(B)Submission of information, including, but not limited to, fingerprints and personal history statements, focusing on and concerning the applicant’s character, honesty, integrity, and reputation as the department may consider necessary. -(C)Posting a bond in an amount consistent with Section 1815. -(3)The department, by regulation, shall establish any additional requirements for the purpose of safeguarding privacy and protecting the information authorized for release under this section. -(c)The director, through the adoption of regulations, may establish the maximum amount that a qualified private industry partner may charge its customers in providing the services authorized under subdivision (a). -(d)The department shall charge a three-dollar ($3) transaction fee for each category of information and services provided under subdivision (a). The private industry partner may pass the transaction fee to the customer, but the total charge to a customer for any category of information and services may not exceed the amount established by the director under subdivision (c). -(e)All fees collected by the department pursuant to subdivision (d) shall be deposited in the Motor Vehicle Account. On January 1 of each year, the department shall adjust the fee in accordance with the California Consumer Price Index. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar. -(f)The department shall adopt or revise regulations and procedures that ensure adequate oversight and monitoring of qualified private industry partners to protect vehicle owners and other department customers from the improper use of vehicle records or other information provided to the qualified industry partner pursuant to this section. These regulations and procedures shall include provisions for qualified private industry partners to periodically submit records to the department, and the department shall review those records as necessary. The regulations shall also include provisions for the dedication of department resources to program monitoring and oversight; the protection of confidential records in the department’s files and databases; and the duration and nature of the contracts with qualified private industry partners. -(g)Notwithstanding Section 10231.5 of the Government Code, by October 1 of each year, the department shall provide a report to the Legislature that shall include all of the following information gathered during the fiscal year immediately preceding the report date: -(1)Listing of all qualified private industry partners, including names and business addresses. -(2)Volume of transactions, by type, completed by business partners. -(3)Total amount of funds, by transaction type, collected by business partners. -(4)Total amount of funds received by the department. -(5)Description of any fraudulent activities identified by the department. -(6)Evaluation of the benefits of the program. -(7)Recommendations for any administrative or statutory changes that may be needed to improve the program. -(h)A report submitted under subdivision (g) shall be submitted pursuant to Section 9795 of the Government Code. -(i)This section does not impair or limit the authority provided in Section 4610 or Section 12155 of the Insurance Code.","Existing law authorizes the Department of Motor Vehicles, in conformance with certain provisions in existing law relating to personal services contracts with private parties, to establish contracts for electronic programs that allow qualified private industry partners to join the department to provide title and vehicle registration transactions. Existing law authorizes the department to enter into contractual agreements with 3 specified types of private industry partners for this purpose, and to charge a transaction fee for the information and services provided. -This bill would expand the services for which the department would be authorized to establish contracts with private industry partners as described above, to include -processing and payment programs for -driver’s license -renewals, eyesight and hearing tests, and fingerprinting and photography services. The bill would make other technical and conforming changes. -renewals, as specified.","An act to -amend Section 1685 of -add Section 1686 to -the Vehicle Code, relating to the Department of Motor Vehicles." -899,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 10.5 (commencing with Section 5845) is added to Division 5 of the Public Resources Code, to read: -CHAPTER 10.5. Lower American River Conservancy Program -5845. -This chapter shall be known, and may be cited, as the Lower American River Conservancy Program Act. -5845.1. -(a) The Legislature finds and declares all of the following: -(1) The Lower American River is one of California’s most important natural environments, providing recreational, environmental, and educational opportunities to more than 8,000,000 visitors each year. It also serves as a unique urban greenbelt composed of more than 5,000 acres and lying immediately next to and within two incorporated cities and the unincorporated County of Sacramento. -(2) The American River Parkway includes natural and recreational resources of statewide interest and is often referred to as “the jewel” of the Sacramento region, and it is managed as such with an intent to fulfill the vision set forth through past collaborative efforts involving advocates and stakeholders, the County of Sacramento, state agencies, and the Legislature. -(3) The American River Parkway was established by the County of Sacramento, with financial support from the state and other public and private entities. -(4) Since establishing the American River Parkway in 1959, the County of Sacramento has and will continue to update, maintain, and determine consistency with the American River Parkway Plan and to serve as the Parkway Manager to own, manage, operate, and patrol the lands and resources within the American River Parkway. -(5) The American River Parkway provides additional benefits to the state and the Sacramento region including flood control, water supply, water quality, habitat for anadromous fisheries, including salmon and steelhead, habitat for migratory waterfowl, habitat for sensitive species, including Swainson’s hawks, peregrine falcons, northern harriers, white-tailed kites, and western pond turtles, and habitat for other wildlife, including river otters. -(6) The Legislature recognized the statewide importance of the American River Parkway in enacting the Urban American River Parkway Preservation Act (Chapter 10 (commencing with Section 5840)), which culminated with the adoption of the American River Parkway Plan and the Bushy Lake Preservation Act (Chapter 9 (commencing with Section 5830)). -(7) The statewide and national importance of the Lower American River Parkway was further recognized when it was designated as part of the California Wild and Scenic Rivers System and the National Wild and Scenic Rivers System. The American River Parkway Plan acts as the management plan for the lower American River under the California Wild and Scenic Rivers Act (Chapter 1.4 (commencing with Section 5093.50)), providing management guidance and direction for state departments and agencies, as well as local governments, in carrying out their responsibilities under that act. -(8) The state has an interest in working with local agencies to expand, enhance, and restore the natural, recreational, cultural, and educational resources in and adjacent to the American River Parkway. -(9) The establishment of the Lower American River Conservancy Program will provide a state partner to work cooperatively with local agencies, particularly the County of Sacramento in its role as the Parkway Manager, and nonprofit organizations to help fund projects and provide grants to restore, enhance, interpret, protect, and improve public access to the American River Parkway’s natural, recreational, educational, and cultural resources. -(b) It is the intent of the Legislature that the Lower American River Conservancy Program be a continuation of the state’s historic role in providing funding to advance the protection and restoration of the natural resources of the Lower American River while continuing the County of Sacramento’s historic role in managing the lands and public uses of the American River Parkway. -5845.2. -For purposes of this chapter, the following definitions apply: -(a) “Adjacent to” means downstream of the Nimbus Dam and next to or in the immediate vicinity of the American River Parkway. -(b) “Advisory committee” means the advisory committee established pursuant to Section 5845.4. -(c) “American River Parkway” means those portions of the area described in the American River Parkway Plan between the Nimbus Dam and the confluence of the American River with the Sacramento River. -(d) “American River Parkway Plan” has the same meaning as in subdivision (a) of Section 5841. -(e) “Board” means the Wildlife Conservation Board established pursuant to Section 1320 of the Fish and Game Code. -(f) “Fund” means the Lower American River Conservancy Fund established pursuant to Section 5845.9. -(g) “Nonprofit organization” means a private, nonprofit organization, with nonprofit status acknowledged by the United States Internal Revenue Service, that qualifies under Section 501(c)(3) of the Internal Revenue Code, as amended, and that has among its principal charitable purposes the preservation, restoration, or interpretation of land for scientific, historic, educational, recreational, scenic, or open-space purposes, the protection of the natural environment or biological resources, or both, or the preservation or enhancement of wildlife, or both. -(h) “Parkway Manager” means the Sacramento County Board of Supervisors or its designee. -(i) “Program” means the Lower American River Conservancy Program established pursuant to Section 5845.3. -5845.3. -(a) The board shall implement and administer the Lower American River Conservancy Program, which is hereby created to receive and expend proceeds from bonds or other appropriations made in the annual Budget Act or other statutes for the benefit of the American River Parkway and related lands. -(b) In administering the program, the board shall prioritize expending moneys to develop and implement a natural resource management plan and to improve access to, and protection and restoration of, the American River Parkway. -5845.4. -(a) The board shall establish an advisory committee consisting of the following members: -(1) Three members of the Board of Supervisors of the County of Sacramento, selected by a majority vote of the board of supervisors, or their designees. -(2) Two representatives of the City of Sacramento, which may include the Mayor and one member of the City Council of the City of Sacramento, or two members of the city council, selected by a majority vote of the city council, or their designees. -(3) The Mayor or a member of the City Council of the City of Rancho Cordova, selected by a majority vote of the city council, or his or her designee. -(4) Representatives from the Natural Resources Agency, the Department of Finance, and the State Lands Commission. -(5) Three members from the public at large who have a demonstrated knowledge of and expertise in the American River Parkway and the American River Parkway Plan. One member shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly. -(b) A person shall not continue as a member of the advisory committee if that person ceases to hold the office that qualifies that person for membership. In that event, the person’s membership on the advisory committee shall automatically terminate. -(c) Members of the advisory committee shall serve without compensation. -(d) The advisory committee shall meet at least twice each calendar year at one or more locations in the County of Sacramento. -(e) Meetings of the advisory committee shall be open to the public and subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). -5845.5. -In implementing the program, the board shall do all of the following: -(a) Coordinate its activities with the County of Sacramento, each city that includes a portion of the American River Parkway, appropriate local and regional flood control districts, and relevant state agencies. -(b) Prior to approving funding for any project, do both of the following: -(1) Consult with the County of Sacramento as to whether the board’s proposed actions pursuant to this chapter are consistent with the American River Parkway Plan. -(2) Draft a staff report that includes all findings, written comments, and reports submitted by the County of Sacramento and the Parkway Manager as to whether the board’s actions are consistent with the American River Parkway Plan. -(c) Administer any moneys appropriated to the board for the program or any revenues generated by the board pursuant to the program. -(d) Provide funding and assistance to the County of Sacramento for the development, update, adoption, and implementation of a natural resource management plan for the American River Parkway, and grants to other local agencies and nonprofit organizations whose projects are approved by the County of Sacramento for implementation of that plan. -(e) Prior to providing funding for any acquisition project within the American River Parkway, require and ensure that title to the lands to be acquired shall be held by the County of Sacramento or another local public entity willing to hold title to those lands. -5845.6. -Consistent with the American River Parkway Plan, the board, in administering the program, may do any of the following: -(a) Provide grants to local public agencies and nonprofit organizations to be used for one or more of the following purposes: -(1) The acquisition, restoration, enhancement, and maintenance of fish and wildlife habitat and other natural resources, including resources impacted by wildfire, within and adjacent to the American River Parkway. Any land acquisition funded pursuant to this paragraph shall be subject to subdivision (e) of Section 5845.5. -(2) The improvement and expansion of public access, recreational areas, and recreational facilities, including trails. -(3) The enhancement of interpretive and educational facilities related to the American River Parkway and its natural, cultural, and historic resources. -(4) The control and removal of invasive species and the propagation of native species. -(b) Improve and enhance lands within and adjacent to the American River Parkway. Projects funded on adjacent lands shall contribute to the advancement of American River Parkway values. -(c) Design, implement, and provide grants to local agencies and nonprofit organizations for stormwater capture and treatment projects to improve the quality of water that flows within and into the American River Parkway and to increase habitat for fish and wildlife. Stormwater projects may include lands within and adjacent to the American River Parkway and its tributaries downstream of the Nimbus Dam and within Sacramento County. -(d) Solicit grants, donations of in-kind services, and other contributions from federal, state, and private sources for the purposes of this chapter. -5845.7. -In administering the program, the board shall not do any of the following: -(a) Fund or implement projects on lands without the written consent of the landowner. -(b) Manage, regulate, or control the use of any land owned or leased by another public agency or private party, except as provided pursuant to a written agreement between that public agency or private party. -(c) Levy any tax or special assessment. -(d) Provide grants or take other actions that are inconsistent with the American River Parkway Plan, the Bushy Lake Preservation Act (Chapter 9 (commencing with Section 5830) of Division 5), or the Urban American River Parkway Preservation Act (Chapter 10 (commencing with Section 5840) of Division 5). -(e) Own or acquire land. -5845.8. -To the extent feasible, in administering the program, the board shall give preference to projects that utilize the services of the California Conservation Corps or Community Conservation Corps, as defined in Section 14507.5. -5845.9. -(a) The Lower American River Conservancy Program Fund is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation, for the purposes of this chapter. Moneys received by the board pursuant to this chapter shall be deposited in the fund, unless otherwise provided by the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code). The board shall administer the moneys appropriated to it for the program and may expend those moneys for capital improvements, land acquisition, support for the program’s operations, and other purposes consistent with this chapter. -(b) (1) The board may accept money, grants, goods, or services contributed to it by a public agency or a private entity or person. Moneys received pursuant to this paragraph shall be deposited in the Donation Account, which is hereby established in the fund. -(2) Notwithstanding Section 13340 of the Government Code, moneys in the account are hereby continuously appropriated, without regard to fiscal year, to the board for the purposes of this chapter. -(3) Upon receipt of goods and services pursuant to paragraph (1), the board may use those goods and services for the purposes of this chapter. -5845.10. -This chapter does not supersede or diminish the existing authority of any of the following: -(a) The County of Sacramento or any other entity responsible for the management, operation, maintenance, or protection of lands and resources within the American River Parkway. -(b) The Sacramento County Board of Supervisors acting as the Parkway Manager pursuant to its authority to interpret and implement the American River Parkway Plan. -(c) The board pursuant to other law.","The Urban American River Parkway Preservation Act adopts the American River Parkway Plan to provide coordination among governmental agencies in the protection and management of the natural land, water, native wildlife, and vegetation of the American River Parkway and requires actions of state and local agencies with regard to land use decisions be consistent with the plan, as provided. Existing law establishes the Wildlife Conservation Board within the Department of Fish and Wildlife and requires the board to investigate, study, and determine areas in the state that are most suitable for certain wildlife-related purposes. -This bill would require the board to implement and administer the Lower American River Conservancy Program to receive and expend moneys for the benefit of the Lower American River and related lands by, among other things, providing grants to local public agencies and nonprofit organizations for projects benefiting the Lower American River. The bill would require the board to establish an advisory committee, as specified. The bill would establish the Lower American River Conservancy Program Fund in the State Treasury and would make moneys in the fund available, upon appropriation by the Legislature, for purposes of the program. The bill would authorize the board to accept moneys, grants, goods or services contributed to it by public agencies, or private entities or persons and would require those moneys be deposited in the Donation Account, which the bill would establish in the fund. The bill would continuously appropriate the moneys in the account to the board for purposes of the program, thereby making an appropriation. The bill would authorize the board to use goods and services contributed by public agencies or private entities or persons.","An act to add Chapter 10.5 (commencing with Section 5845) to Division 5 of the Public Resources Code, relating to the Lower American River, and making an appropriation therefor." -900,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 368 of the Penal Code is amended to read: -368. -(a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf. -(b) (1) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years. -(2) If, in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in the state prison as follows: -(A) Three years if the victim is under 70 years of age. -(B) Five years if the victim is 70 years of age or older. -(3) If, in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows: -(A) Five years if the victim is under 70 years of age. -(B) Seven years if the victim is 70 years of age or older. -(c) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. -(d) Any person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows: -(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). -(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). -(e) Any caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows: -(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment -pursuant to subdivision (h) of Section 1170 -in the state prison -for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950). -(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950). -(f) Any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. -(g) As used in this section, “elder” means any person who is 65 years of age or older. -(h) As used in this section, “dependent adult” means any person who is between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes any person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. -(i) As used in this section, “caretaker” means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult. -(j) Nothing in this section shall preclude prosecution under both this section and Section 187 or 12022.7 or any other provision of law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for any single offense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for any single offense. -(k) In any case in which a person is convicted of violating these provisions, the court may require him or her to receive appropriate counseling as a condition of probation. Any defendant ordered to be placed in a counseling program shall be responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay. -(l) Upon conviction for a violation of subdivision (b), (c), (d), (e), or (f), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation.","Existing law makes it a crime for -a person who is not a caretaker -any person -to violate specified laws proscribing theft, embezzlement, -forgery, -fraud, or identity theft with respect to the property or identifying information of an elder or dependent -adult, knowing that he or she is an elder or dependent -adult. Existing law makes a violation of -that provision -those provisions -punishable as a misdemeanor or a felony in county jail, as prescribed, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding $950. -This bill would instead make a violation of -that provision -those provisions -punishable as a misdemeanor in county jail or as a felony in state prison, as prescribed.","An act to amend Section 368 of the Penal Code, relating to elder abuse." -901,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) To remain economically competitive, California will need to produce 11,900,000 degrees and credentials by 2025, but the state is only estimated to produce 9,500,000, which would create a degree and credential attainment gap of 2,400,000 by 2025. -(2) California’s community colleges have strong transfer preparation and career technical education missions and are well positioned to close this impending gap. -(3) Overall, only 32 percent of students at California colleges complete credentials on time, and low-income students are much less likely than higher income students to enroll in or complete college. -(4) A major factor in a student’s enrollment and success in college is his or her ability to pay for fees and tuition, textbooks, transportation, housing, food, and other access costs. -(5) California has made an important investment in need-based financial aid for California’s college students through the Cal Grant Program and the BOG Fee Waiver Program of the Board of Governors of the California Community Colleges. -(6) The Cal Grant Program awards more than two billion dollars ($2,000,000,000) annually, and it is the largest state grant program in the nation in terms of dollars awarded to students. The BOG Fee Waiver Program is more extensive than any other “free community college” plan in the nation, and it provides almost one-half of all students of the California Community Colleges, and more than 60 percent of full-time students of the California Community Colleges, with free tuition. -(7) Despite California’s strong commitment to financial aid, access grants for qualifying students are insufficient to cover nontuition college costs, and many low-income students are left out of the program entirely. -(8) Students at California’s community colleges are disproportionately more likely to be the first in their family to attend college, come from an immigrant background, or be financially needy. -(9) After taking into account the total cost of attendance and all federal, state, and institutional financial aid available for students, on average it is more expensive for a needy student to go to a California community college than to attend the University of California or the California State University. -(10) The affordability challenge faced by California’s community college students stems from nontuition costs, and the solution to that challenge is to increase grant aid that covers nontuition costs. -(11) The 1960 California Master Plan for Higher Education in California guarantees an affordable, high-quality education to every Californian who can benefit. -(b) It is the intent of the Legislature to renew California’s commitment to college affordability by increasing the aid available to needy students, and, specifically, broadening access to financial aid to students enrolled in California community -college career technical education programs leading to industry valued credentials, through expanding the Cal Grant Program. -colleges. -(c) It is the intent of the Legislature that California community colleges provide outreach and education to students to inform them of the expanded availability of financial aid -for students enrolled in career technical education programs -and to encourage -these -students to complete the Free Application for Federal Student Aid by the September 2 deadline. -SEC. 2. -Section 69437 of the Education Code is amended to read: -69437. -(a) Commencing with the 2001–02 academic year, and each academic year thereafter, there shall be established the Competitive Cal Grant A and B award program for students who did not receive a Cal Grant A or B entitlement award pursuant to Article 2 (commencing with Section 69434), Article 3 (commencing with Section 69435), or Article 4 (commencing with Section 69436). Awards made under this section are not entitlements. The submission of an application by a student under this section shall not entitle that student to an award. The selection of students under this article shall be determined pursuant to subdivision (c) and other relevant criteria established by the commission. -(b) Commencing with the 2016–17 academic year, a total of up to 34,000 Cal Grant A and B awards shall be granted annually under this article on a competitive basis for applicants who meet the general eligibility criteria established in Article 1 (commencing with Section 69430) and the priorities established by the commission pursuant to subdivision (c). -(1) Fifteen thousand of the awards referenced in this subdivision are available to all students, including California community college students, who meet the financial need and academic requirements established pursuant to this article. A student enrolling at a qualifying baccalaureate degree granting institution shall apply by the March 2 deadline. A California community college student is eligible to apply at the March 2 or the September 2 deadline. -(2) Nineteen thousand of the awards referenced in this subdivision are reserved for students who will be enrolled at a California community college. The commission shall establish a second application deadline of September 2 for community college students to apply for these awards. -Notwithstanding paragraph (1) of subdivision (a) of Section 69435, effective with the fall term or semester of the 2017–18 academic year, students enrolled in occupational or technical training courses leading to industry valued credentials of no less than four months in length at a California community college shall be eligible for Cal Grant B awards issued under this paragraph. -(3) If any awards are not distributed pursuant to paragraphs (1) and (2) upon initial allocation of the awards under this article, the commission shall make awards to as many eligible students as possible, beginning with the students with the lowest expected family contribution and highest academic merit, consistent with the criteria adopted by the commission pursuant to subdivision (c), as practicable without exceeding an annual cumulative total of 34,000 awards. -(c) (1) On or before February 1, 2001, acting pursuant to a public hearing process that is consistent with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), the commission shall establish selection criteria for Cal Grant A and B awards under the competitive program that give special consideration to disadvantaged students, taking into consideration those financial, educational, cultural, language, home, community, environmental, and other conditions that hamper a student’s access to, and ability to persist in, postsecondary education programs. -(2) Additional consideration shall be given to both of the following: -(A) Students pursuing Cal Grant B awards who reestablish their grade point averages. -(B) Students who did not receive awards pursuant to Article 2 (commencing with Section 69434), Article 3 (commencing with Section 69435), or Article 4 (commencing with Section 69436). -(d) All other students who meet the eligibility requirements pursuant to Article 1 (commencing with Section 69430) are eligible to compete for an award pursuant to this article. -SEC. 3. -Section 69439 of the -Education Code -is amended to read: -69439. -(a)For the purposes of this section, the following terms have the following meanings: -(1)“Career pathway” has the same meaning as set forth in Section 88620. -(2)“Economic security” has the same meaning as set forth in Section 14005 of the Unemployment Insurance Code. -(3)“Industry cluster” has the same meaning as set forth in Section 88620. -(4)“Long-term unemployed” means, with respect to an award applicant, a person who has been unemployed for more than 26 weeks at the time of submission to the commission of his or her application. -(5)“Occupational or technical training” means that phase of education coming after the completion of a secondary school program and leading toward recognized occupational goals approved by the commission. -(b)A Cal Grant C award shall be utilized only for occupational or technical training in a course of not less than four months. There shall be the same number of Cal Grant C awards each year as were paid in the 2015–16 fiscal year. The maximum award amount and the total amount of funding shall be determined each year in the annual Budget Act. -(c)The commission may use criteria it deems appropriate in selecting students to receive grants for occupational or technical training and shall give special consideration to the social and economic situations of the students applying for these grants, giving additional weight to disadvantaged applicants, applicants who face economic hardship, and applicants who face particular barriers to employment. Criteria to be considered for these purposes shall include, but are not limited to, all of the following: -(1)Family income and household size. -(2)Student’s or the students’ parent’s household status, including whether the student is a single parent or child of a single parent. -(3)The employment status of the applicant and whether the applicant is unemployed, giving greater weight to the long-term unemployed. -(d)The Cal Grant C award recipients shall be eligible for renewal of their grants until they have completed their occupational or technical training in conformance with terms prescribed by the commission. A determination by the commission for a subsequent award year that the program under which a Cal Grant C award was initially awarded is no longer deemed to receive priority shall not affect an award recipient’s renewal. In no case shall the grants exceed two calendar years. -(e)Cal Grant C awards may be used for institutional fees, charges, and other costs, including tuition, plus training-related costs, such as special clothing, local transportation, required tools, equipment, supplies, books, and living expenses. In determining the individual award amounts, the commission shall take into account the financial means available to the student to fund his or her course of study and costs of attendance as well as other state and federal programs available to the applicant. -(f)(1)To ensure alignment with the state’s dynamic economic needs, the commission, in consultation with appropriate state and federal agencies, including the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, shall identify areas of occupational and technical training for which students may utilize Cal Grant C awards. The commission, to the extent feasible, shall also consult with representatives of the state’s leading competitive and emerging industry clusters, workforce professionals, and career technical educators, to determine which occupational training programs and industry clusters should be prioritized. -(2)(A)Except as provided in subparagraph (B), the areas of occupational and technical training developed pursuant to paragraph (1) shall be regularly reviewed and updated at least every five years, beginning in 2012. -(B)By January 1, 2016, the commission shall update the priority areas of occupational and technical training. -(3)(A)The commission shall give priority in granting Cal Grant C awards to students pursuing occupational or technical training in areas that meet two of the following criteria pertaining to job quality: -(i)High employer need or demand for the specific skills offered in the program. -(ii)High employment growth in the occupational field or industry cluster for which the student is being trained. -(iii)High employment salary and wage projections for workers employed in the occupations for which they are being trained. -(iv)The occupation or training program is part of a well-articulated career pathway to a job providing economic security. -(B)To receive priority pursuant to subparagraph (A), at least one of the criteria met shall be specified in clause (iii) or (iv) of that subparagraph. -(g)The commission shall determine areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f) in consultation with the Employment Development Department, the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges, and the California Workforce Investment Board using projections available through the Labor Market Information Data Library. The commission may supplement the analyses of the Employment Development Department’s Labor Market Information Data Library with the labor market analyses developed by the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, as well as the projections of occupational shortages and skills gap developed by industry leaders. The commission shall publish, and retain, on its Internet Web site a current list of the areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f), and update this list as necessary. -(h)Using the best available data, the commission shall examine the graduation rates and job placement data, or salary data, of eligible programs. Commencing with the 2014–15 academic year, the commission shall give priority to Cal Grant C award applicants seeking to enroll in programs that rate high in graduation rates and job placement data, or salary data. -(i)(1)The commission shall consult with the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to publicize the existence of the grant award program to California’s long-term unemployed to be used by those consulting agencies when they come in contact with members of the population who are likely to be experiencing long-term unemployment. The outreach plan shall use existing administrative and service delivery processes making use of existing points of contact with the long-term unemployed. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220). -(2)The commission shall consult with the Workforce Services Branch of the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to make students receiving awards aware of job search and placement services available through the Employment Development Department and the local workforce investment boards. Outreach shall use existing administrative and service delivery processes making use of existing points of contact with the students. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220). -(j)(1)Notwithstanding Section 10231.5 of the Government Code, the Legislative Analyst’s Office shall submit a report to the Legislature on the outcomes of the Cal Grant C program on or before April 1, 2015, and on or before April 1 of each odd-numbered year thereafter. This report shall include, but not necessarily be limited to, information on all of the following: -(A)The age, gender, and segment of attendance for recipients in two prior award years. -(B)The occupational and technical training program categories prioritized. -(C)The number and percentage of students who received selection priority as defined in paragraph (3) of subdivision (f). -(D)The extent to which recipients in these award years were successfully placed in jobs that meet local, regional, or state workforce needs. -(2)For the report due on or before April 1, 2015, the Legislative Analyst’s Office shall include data for two additional prior award years and shall compare the mix of occupational and technical training programs and institutions in which Cal Grant C award recipients enrolled before and after implementation of subdivision (f). -(3)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.","(1) The Cal Grant Program establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions, as defined. -This bill would express the intent of the Legislature to renew California’s commitment to college affordability by increasing the aid available to needy students, and, specifically, broadening access to financial aid to students enrolled in California community -college career technical education programs leading to industry valued credentials, through expanding the Cal Grant Program. -colleges. -(2) Under existing law, no more than a total of 25,750 Competitive Cal Grant A and B awards may be granted annually. -This bill, commencing with the 2016–17 academic year, would raise that limit to 34,000. -The bill would, effective with the fall term or semester of the 2017–18 academic year, make students enrolled in occupational or technical training courses leading to industry valued credentials of no less than 4 months in length at a California community college eligible for Cal Grant B awards under an existing allocation reserved for community college students, notwithstanding an existing requirement that limits Cal Grant B awards to for-credit instructional programs that are not less than one academic year in length. -(3)Existing law requires a Cal Grant C award to be utilized only for occupational or technical training in a course of not less than 4 months. Existing law requires that there be the same number of Cal Grant C awards each year as were made in the 2000–01 fiscal year. -This bill instead would require that there be the same number of Cal Grant C awards each year as were paid in the 2015–16 fiscal year.","An act to amend -Sections 69437 and 69439 -Section 69437 -of the Education Code, relating to student financial aid." -902,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the Identity Theft Resolution Act. -SEC. 2. -Section 1785.16.2 of the Civil Code is amended to read: -1785.16.2. -(a) No creditor may sell a consumer debt to a debt collector, as defined in 15 U.S.C. Sec. 1692a, if the consumer is a victim of identity theft, as defined in Section 1798.2, and with respect to that debt, the creditor has received notice pursuant to subdivision (k) of Section 1785.16 or paragraph (2) of subdivision (g) of Section 1788.18. -(b) Subdivision (a) does not apply to a creditor’s sale of a debt to a subsidiary or affiliate of the creditor, if, with respect to that debt, the subsidiary or affiliate does not take any action to collect the debt. -(c) For the purposes of this section, the requirement in 15 U.S.C. Sec. 1692a, that a person must use an instrumentality of interstate commerce or the mails in the collection of any debt to be considered a debt collector, does not apply. -SEC. 3. -Section 1788.18 of the Civil Code is amended to read: -1788.18. -(a) Upon receipt from a debtor of all of the following, a debt collector shall cease collection activities until completion of the review provided in subdivision (d): -(1) A copy of a police report filed by the debtor alleging that the debtor is the victim of an identity theft crime, including, but not limited to, a violation of Section 530.5 of the Penal Code, for the specific debt being collected by the debt collector. -(2) The debtor’s written statement that the debtor claims to be the victim of identity theft with respect to the specific debt being collected by the debt collector. -(b) The written statement described in paragraph (2) of subdivision (a) shall consist of any of the following: -(1) A Federal Trade Commission’s Affidavit of Identity Theft. -(2) A written statement that contains the content of the Identity Theft Victim’s Fraudulent Account Information Request offered to the public by the California Office of Privacy Protection. -(3) A written statement that certifies that the representations are true, correct, and contain no material omissions of fact to the best knowledge and belief of the person submitting the certification. A person submitting the certification who declares as true any material matter pursuant to this subdivision that he or she knows to be false is guilty of a misdemeanor. The statement shall contain or be accompanied by the following, to the extent that an item listed below is relevant to the debtor’s allegation of identity theft with respect to the debt in question: -(A) A statement that the debtor is a victim of identity theft. -(B) A copy of the debtor’s driver’s license or identification card, as issued by the state. -(C) Any other identification document that supports the statement of identity theft. -(D) Specific facts supporting the claim of identity theft, if available. -(E) Any explanation showing that the debtor did not incur the debt. -(F) Any available correspondence disputing the debt after transaction information has been provided to the debtor. -(G) Documentation of the residence of the debtor at the time of the alleged debt. This may include copies of bills and statements, such as utility bills, tax statements, or other statements from businesses sent to the debtor, showing that the debtor lived at another residence at the time the debt was incurred. -(H) A telephone number for contacting the debtor concerning any additional information or questions, or direction that further communications to the debtor be in writing only, with the mailing address specified in the statement. -(I) To the extent the debtor has information concerning who may have incurred the debt, the identification of any person whom the debtor believes is responsible. -(J) An express statement that the debtor did not authorize the use of the debtor’s name or personal information for incurring the debt. -(K) The certification required pursuant to this paragraph shall be sufficient if it is in substantially the following form: -“I certify the representations made are true, correct, and -contain no material omissions of fact. -_____ (Date and Place) _____ _____ (Signature) _____ ” -(c) If a debtor notifies a debt collector orally that he or she is a victim of identity theft, the debt collector shall notify the debtor, orally or in writing, that the debtor’s claim must be in writing. If a debtor notifies a debt collector in writing that he or she is a victim of identity theft, but omits information required pursuant to subdivision (a) or, if applicable, the certification required pursuant to paragraph (3) of subdivision (b), if the debt collector does not cease collection activities, the debt collector shall provide written notice to the debtor of the additional information that is required, or the certification required pursuant to paragraph (3) of subdivision (b), as applicable, or send the debtor a copy of the Federal Trade Commission’s Affidavit of Identity Theft form. -(d) Within 10 business days of receiving the complete statement and information described in subdivision (a), the debt collector shall, if it furnished adverse information about the debtor to a consumer credit reporting agency, notify the consumer credit reporting agency that the account is disputed, and initiate a review considering all of the information provided by the debtor and other information available to the debt collector in its file or from the creditor. The debt collector shall send notice of its determination to the debtor no later than 10 business days after concluding the review. The debt collector may recommence debt collection activities only upon making a good faith determination that the information does not establish that the debtor is not responsible for the specific debt in question. The debt collector’s determination shall be made in a manner consistent with the provisions of subsection (1) of Section 1692 of Title 15 of the United States Code, as incorporated by Section 1788.17 of this code. The debt collector shall notify the debtor in writing of that determination and the basis for that determination before proceeding with any further collection activities. The debt collector’s determination shall be based on all of the information provided by the debtor and other information available to the debt collector in its file or from the creditor. -(e) No inference or presumption that the debt is valid or invalid, or that the debtor is liable or not liable for the debt, shall arise if the debt collector decides after the review described in subdivision (d) to cease or recommence the debt collection activities. The exercise or nonexercise of rights under this section is not a waiver of any other right or defense of the debtor or debt collector. -(f) The statement and supporting documents that comply with subdivision (a) may also satisfy, to the extent those documents meet the requirements of, the notice requirement of paragraph (5) of subdivision (c) of Section 1798.93. -(g) A debt collector who ceases collection activities under this section and does not recommence those collection activities shall do all of the following: -(1) If the debt collector has furnished adverse information to a consumer credit reporting agency, notify the agency to delete that information no later than 10 business days after making its determination. -(2) Notify the creditor no later than 10 business days after making its determination that debt collection activities have been terminated based upon the debtor’s claim of identity theft. -(h) A debt collector who has possession of documents that the debtor is entitled to request from a creditor pursuant to Section 530.8 of the Penal Code is authorized to provide those documents to the debtor. -(i) Notwithstanding subdivision (h) of Section 1788.2, for the purposes of this section, “debtor” means a natural person, firm, association, organization, partnership, business trust, company, corporation, or limited liability company from which a debt collector seeks to collect a debt that is due and owing or alleged to be due and owing from the person or entity. The remedies provided by this title shall apply equally to violations of this section.","Existing law requires a debt collector that receives a copy of a police report filed by the debtor alleging that the debtor is the victim of an identity theft crime and a written statement in which the debtor claims to be the victim of identity theft to cease collection activities until completion of a review. Existing law requires the debt collector to review and consider all of the information provided by the debtor and other available information and authorizes the debt collector to recommence debt collection activities only upon making a good faith determination that the information does not establish that the debtor is not responsible for the specific debt in question. -This bill, the Identity Theft Resolution Act, would require the debt collector, upon receipt of the police report and written statement described above, if it furnished adverse information about the debtor to a consumer credit reporting agency, to notify the consumer credit reporting agency that the account is disputed, and initiate a review, as specified, within 10 business days. The bill would require the debt collector to send notice of its determination to the debtor no later than 10 business days after concluding the review. The bill would require a debt collector that does not recommence collection activities under these provisions to notify the creditor, no later than 10 business days after making its determination, and if it furnished adverse information to a consumer credit reporting agency, to notify the agency to delete that information no later than 10 business days after making its determination. The bill would also prohibit a creditor from selling a consumer debt to a debt collector if the creditor has received notice that the debt collector has terminated debt collection activities, as described above.","An act to amend Sections 1785.16.2 and 1788.18 of the Civil Code, relating to debt collection." -903,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares the following: -(1) -A new form of work has proliferated in which individuals work by the job through an electronic platform, such as the Internet or telephone. These individuals are hired through these hosting platforms to perform short-term work, usually of a day or less, for multiple customers. -(2) -These individuals are not treated by the hosting platforms as employees and do not receive the benefit of state labor protection laws such as minimum wage, unemployment insurance, and workers’ compensation. The platforms treat these individuals as independent contractors and even though they perform work for multiple clients, usually individual people, the individuals securing work through a hosting platform are normally prohibited from negotiating the terms of their services. Instead, the hosting platforms dictate the terms and take a considerable portion of the amount paid for services, even though the hosting platforms purport that they provide only a means of connecting workers with clients. -(3) -These are circumstances that inevitably lead to exploitation. The people who secure work through the hosting platforms may in fact be employees, but establishing their true status often requires lengthy and expensive litigation during the pendency of which they continue to have no protection. -(b) -The Legislature therefore finds and declares that the bargaining power between the hosting platforms and the people seeking work through them must be better balanced and creates in this act a process for these workers to get together and negotiate with the hosting platforms for the improvements they desire. -(c) The Legislature further finds and declares that, through these negotiations, these workers will be able to improve their conditions, including their income, to the benefit of the economy of this state and reduce pressure on public resources. -SECTION 1. -SEC. 2. -Chapter 4.8 (commencing with Section 1080) is added to Part 3 of Division 2 of the Labor Code, to read: -CHAPTER 4.8. Hosting Platforms -1080. -As used in this chapter: -(a) “Group activity” means to self-organize, to negotiate as a group with one or more hosting platforms, or to engage together in other activities for the purpose of group negotiations or other mutual aid or protection, which activity includes, but is not limited, to the following: -(1) Communicating with each other and with hosting platforms, customers, and the public through any medium, including, but not limited to, social media and other electronic modes of communication. -(2) Withholding or restricting the amount of work done through a hosting platform at any time and for any duration. This paragraph does not apply to an independent contractor who performs “supportive services,” as defined in Section 12300.1 of the Welfare and Institutions Code. -(3) Boycotting or critiquing a hosting platform’s business practices. -(4) Reporting to law enforcement authorities or making public practices of a hosting platform which an independent contractor reasonably believes violate local, state, or federal law and adversely affect either workers or clients, or both. -(b) “Hosting platform” is a facility for connecting people or entities seeking to hire people for work with people seeking to perform that work, using any medium of facilitation, including, but not limited to, a dispatch service, an Internet Web site, or other Internet-based site. “Hosting platform” does not include a service provider if that entity provides only listings of goods or services that are contracted directly between buyers and sellers without the involvement of the provider and receives no income related to the price of the transaction. -1081. -(a) An independent contractor who is not treated by a hosting platform as an employee and who does not employ his or her own employees shall have the right to engage in group activity with respect to one or more hosting platforms. -(b) Work by an independent contractor, including the use of equipment or goods supplied as part of the work performed by the independent contractor, is labor within the meaning of Section 16703 of the Business and Professions Code and group activity by independent contractors shall not be subject to any statutory or common law prohibition or limitation on combinations in restraint of trade, including, but not limited to, Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code. -(c) Group activity is a “labor dispute” within the meaning of Section 527.3 of the Code of Civil Procedure and Section 1138.1, provided that a court may issue injunctive relief to remedy violations of this chapter pursuant to -Sections ____ and ____. -subdivisions (e) and (g). -(d) (1) A hosting platform shall meet at reasonable times and negotiate in good faith about allowed subjects for negotiation with any group of independent contractors constituting at least 10 of the independent contractors using the platform on an average of at least once per week. As used in this paragraph, “allowed subjects for negotiation” are pricing, division of revenue, priority for assignments or listings, advertising by independent contractors on the hosting platform, insurance, acceptance and termination of independent contractor participation on the hosting platform, acceptance or refusal of services by independent contractors or customers, and responsibility for nonpayment by customers. -(2) An individual or organization that represents independent contractors in negotiations with a hosting platform regarding the allowed subjects of negotiation pursuant to this section shall not be funded directly or indirectly by a hosting platform. -(3) Participation in the group shall be evidenced by an electronic communication from an independent contractor using the same address the independent contractor uses to communicate with the hosting platform, or a physical document signed by the independent contractor, sent to either the hosting platform or to one or more other members of the group accepting participation in the group and agreeing to be bound contractually by the outcome of any negotiations between the group and the hosting platform. An independent contractor shall not be bound by the outcome of any negotiations between a group and a hosting platform unless the independent contractor has given that authorization. -(4) At the request of the group, a written contract for independent contractor services, entered into on or after the date of the conclusion of negotiations conducted in accordance with paragraph (1), between the hosting platform and a member of that group, shall incorporate any agreement reached in those negotiations. -(e) The State Mediation and Conciliation Service shall facilitate the performance of the obligation of a hosting platform under subdivision (d). The State Mediation and Conciliation Service shall provide meeting space for negotiations unless the hosting platform and the group make other arrangements that are mutually agreeable. The State Mediation and Conciliation Service shall provide mediation services at the request of either the hosting platform or the group. The State Mediation and Conciliation Service shall investigate any complaint by a group claiming a violation of subdivision (d), and, if it finds that there is probable cause to believe a violation has occurred, bring an action in the Superior Court of the State of California for the City and County of San Francisco for injunctive and other appropriate equitable relief to remedy the violation. The court shall award reasonable attorney’s fees and costs to the State Mediation and Conciliation Service if it prevails in any enforcement action. -(f) A person shall not terminate, discriminate against, or otherwise penalize or retaliate against any independent contractor for exercising any rights established in this chapter or for making a complaint, participating in any enforcement proceedings under this chapter, using any civil remedies to enforce his or her rights, or otherwise asserting his or her rights under this chapter or demonstrating his or her support for the policies of this chapter. A person terminating or taking any other adverse action against any independent contractor who has engaged in any of the foregoing activities within one year preceding the termination or other adverse action shall provide to the independent contractor at or before the time of the termination or other adverse action a detailed written statement of the reason or reasons for the termination or other adverse action, including all the facts substantiating the reason or reasons and all facts known to the person that contradict the substantiating facts. -(g) An independent contractor or a representative of one or more independent contractors claiming a violation of this chapter may bring an action in superior court and shall be entitled to all remedies available under the law or in equity appropriate to remedy that violation, including, but not limited to, injunctive relief or other equitable relief, including reinstatement to participation in a hosting platform and compensatory damages. For a willful violation of subdivision (d), the amount of damages attributable to lost income due to the violation shall be trebled. -1082. -(a) The exercise of any rights established by this chapter shall not be admissible as evidence that a person is an independent contractor in any judicial or administrative proceeding. -(b) Nothing in this chapter is intended to impact the determination of whether any worker is an employee or independent contractor or to impact any pending litigation. -1082. -1083. -The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law relating to employment governs the grant of restraining orders or injunctive relief in labor disputes, as defined. -This bill would establish for eligible groups of independent contractors the right to organize and negotiate with hosting platforms, and would declare the activity of such a group to be a labor dispute for purposes of injunctive relief. The bill would require a hosting platform to meet and negotiate with a group on specified subjects. The bill would define terms for those purposes. -The bill would require that, at the request of the group, a written contract for independent contractor services, entered into on or after the date of the conclusion of negotiations conducted in accordance with the bill, by the hosting platform and a member of that group, incorporate any agreement reached in those negotiations. -The bill would require the State Mediation and Conciliation Service to facilitate negotiations, provide mediation services, and investigate any complaint by a group claiming a violation of the negotiation requirement. The bill would require the service, if it finds that there is probable cause to believe a violation has occurred, to bring an action in a specified superior court for injunctive and other appropriate equitable relief to remedy the violation. -The bill would prohibit a person from penalizing or retaliating against an independent contractor for taking specified actions within the scope of the bill. -The bill would authorize an independent contractor or a representative of independent contractors claiming a violation under this bill to bring an action in superior court for prescribed remedies, and would provide for treble damages with regard to lost income for a willful violation. -The exercise of any rights established by the bill would not be admissible as evidence that a person is an independent contractor in any judicial or administrative proceeding. -The bill would make its provisions severable.","An act to add Chapter 4.8 (commencing with Section 1080) to Part 3 of Division 2 of the Labor Code, relating to employment." -904,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California has the eighth largest economy in the world, and its laws have a far-reaching impact on individuals, entities, and organizations within the state and throughout the world. -(b) Because of its extraordinary economic impact and leadership on timely issues, California’s statutory framework and legal structures have a national and global impact. -(c) Rapid technological and societal advances require the development of public policy in new and evolving areas. -(d) State government officials must make informed policy decisions about issues that have increasingly complex and interrelated legal components. -(e) California is home to some of the world’s most prestigious universities and law schools. -(f) California is currently facing one of the largest surpluses of recent law school graduates in the nation, and the unique education and training of these skilled graduates could greatly assist the state government in its work. -(g) Only approximately 5 percent of attorneys nationwide work for state governments, meaning that the nation’s state governments derive insufficient benefit from those attorneys’ legal training and expertise. -(h) Approximately 36 percent of attorneys working for the State of California are 55 years of age or older; therefore, California must encourage attorneys to enter public service to fill vacancies as those attorneys retire. -(i) The establishment of a law fellowship program in California will enable the state to capitalize on the experience of its law school graduates for the betterment of its government. -SEC. 2. -Chapter 1.5 (commencing with Section 8050) is added to Division 1 of Title 2 of the Government Code, to read: -CHAPTER 1.5. California Law Fellowship Program -8050. -(a) The California Law Fellowship Program is hereby established. -(b) The purpose of the program is to offer licensed attorneys and other qualifying law school graduates limited-term placements in public sector positions within state government. -(c) The program shall provide each California Law Fellow with the opportunity to work in the public sector and shall encourage each participant to seek permanent public-sector employment at the conclusion of the fellowship. -(d) The Legislature requests that The University of the Pacific McGeorge School of Law, in consultation with California law schools accredited by the American Bar Association, and with any other appropriate person or entity, do all of the following with respect to the California Law Fellowship Program: -(1) Create the program to provide law graduates a post-graduate educational experience and provide the Legislature and other governmental entities with legal assistance and advice. -(2) House and administer the program, including managing funding and processing applications. -(3) Give preference to applicants who are either of the following: -(A) Current members of the United States military. -(B) Former members of the United States military who were honorably discharged. -(e) A California Law Fellow’s placement with a state agency shall be contingent on that agency’s acceptance of the fellow, according to criteria adopted by the participating state agency for purposes of the program. -(f) (1) It is the intent of the Legislature that participation in the program by an attorney or other qualifying law school graduate, by a state agency, or by a public official within a state agency shall not constitute a gift of public money or thing of value for purposes of Section 6 of Article XVI of the California Constitution, a gift for purposes of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)), or a gift, bequest, or favor for purposes of the Code of Judicial Ethics adopted pursuant to subdivision (m) of Section 18 of Article VI of the California Constitution. -(2) To the extent feasible, the program shall be designed and administered to accomplish the Legislature’s intent as specified in this subdivision. -(g) State funds shall not be used to administer the program. -(h) For purposes of this section: -(1) “California Law Fellow” means a participant in the program. -(2) “Program” means the California Law Fellowship Program. -(3) “Qualifying law school graduate” means a recipient of a law degree from a law school accredited by the American Bar Association. -8924.7. -(a) The Legislature finds and declares that the California Law Fellowship Program, established pursuant to Chapter 1.5 (commencing with Section 8050) of Division 1, establishes a formal fellowship program that provides substantial public benefits to the Legislature as a participating state agency. -(b) The services of a participant in the California Law Fellowship Program California Law Fellow , whose placement with the Legislature is accepted duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules, as appropriate, are not compensation, a reward, or a gift to a Member of the Legislature for purposes of paragraph (4) of subdivision (b) of Section 8920. -(c) A participant in the California Law Fellowship Program California Law Fellow , whose placement with the Legislature is accepted duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules, as appropriate, is not an employee of either house of the Legislature for purposes of this article. -(d) For purposes of this section, a California Law Fellow is “duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules” only if both of the following requirements are satisfied: -(1) The California Law Fellow has been selected according to criteria, and pursuant to a process, approved by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules. -(2) The program has executed an agreement with the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules whereby the California Law Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules. -SECTION 1. -Section 8169 of the -Government Code -is amended to read: -8169. -(a)The director may lease the real property owned by the state within the core area, and not under the jurisdiction of any other state agency, for purposes consistent with the Capitol Area Plan and the management thereof, for the term and upon terms and conditions that the director deems to be appropriate. A lease shall provide that any property subsequently leased by a joint powers authority for which a lease or rental for a period of five years or more is contemplated, shall be advertised and awarded utilizing for the purpose the same procedure followed by the director for other state properties. The director’s authority to lease real property under this section shall include, but not be limited to, the authority to lease portions of buildings and facilities occupied or to be occupied in part by state agencies, to private parties, and other public agencies for office, residential, parking, and commercial uses consistent with the Capitol Area Plan. -(b)(1)The director may sell real property that is owned by the state within the Capitol Area Plan area that is not under the jurisdiction of any other state agency and that is designated for residential and commercial purposes in the 1997 update of the plan. If the director sells property under this section, that property shall be sold at its fair market value to the joint powers authority created pursuant to Section 8169.4 for resale and use in the development of residential and commercial properties consistent with the Capitol Area Plan. In addition, any property sold under this section shall not diminish the number of existing dwelling units or subsequently developed units that are required to be made available to low-income households pursuant to Section 8193. For the purposes of Section 8193, an existing residential dwelling unit or a subsequently developed unit located on land sold pursuant to this section shall continue to be included in the determination of the total number of dwelling units located on property leased by the joint powers authority created pursuant to Section 8169.4. -(2)The director shall not sell any existing residential properties pursuant to this subdivision that are under the management of the joint powers authority created pursuant to Section 8169.4 unless that sale is part of an overall development plan that will lead to a net increase in residential units on the affected site or sites. -(3)In addition, the director shall not sell any existing residential properties pursuant to this subdivision that are under the management of the joint powers authority created pursuant to Section 8169.4 unless a deed restriction is recorded against the properties that contains an express condition and covenant that the real property conveyed shall be used only for residential purposes for a period of at least 45 years. “Residential purposes” means the same or substantially similar multifamily, single-family, or condominium use, or a mixed use, with the same or greater number of residential units on the affected site. The terms of the restriction are for the benefit of the public at large and for the benefit of all parcels of land located within the boundaries of the Capitol Area Plan. The residential use required by this subdivision shall bind all successive owners of the property for a period of 45 years from the date the property is conveyed by the joint powers authority. -(c)With respect to residential leases, the director’s authority included in this section shall not extend beyond the Capitol area. The director shall ensure that tenants residing within the Capitol area are not involuntarily displaced as a result of leases executed after January 1, 1978. The director’s authority shall also include the authority to enter into long-term leases not to exceed 60 years and to pledge, subordinate, hypothecate, or to permit the assignment of these leases in connection with financing to be obtained by any lessee or sublessee. -(d)The director shall not execute a sales agreement or lease agreement for a term lease of more than five years between the state and another entity, enter into a joint powers agreement, or issue revenue bonds or notes of evidences of indebtedness offered by the joint powers authority, if the agreement concerns state-owned property in the County of Sacramento or the County of Yolo, unless not less than 30 days prior to its execution he or she notifies and provides an economic analysis of the proposed sale to the Members of the Legislature who represent the Capitol area and the chairman of the committee in each house of the Legislature that considers appropriations, the chairman of the appropriate policy committee in each house, and the Chairman of the Joint Legislative Budget Committee, or his or her designee, in writing of his or her intention to execute such an agreement. The chairman of the committee or his or her designee may determine a lesser notification period prior to execution. The director shall provide a copy of the notice to any person who requests the director in writing for the notice. -(e)The Legislature hereby finds that it will be of broad public benefit to stimulate development of residential and commercial components of the Capitol Area Plan. Therefore, the director may sell property to the joint powers authority created pursuant to Section 8169.4 at a price that is determined to be its fair market value and terms that have been determined to be appropriate to stimulate timely development to meet the goals set forth by the Legislature in the 1997 update of the Capitol Area Plan. The Capitol Area Development Authority may request these sales after providing the director with appropriate economic analysis in support of the value at which property is to be conveyed. The director may approve the sale of the property if he or she concurs with the economic analysis. -(f)The Legislature hereby finds that it will be of broad public benefit to lease some residential units in the Capitol area to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, for less than prevailing market rental rates. Therefore, the director may rent or provide for the rental of residential facilities to persons and families of low or moderate income for less than market rental rates and enter into long-term ground leases at nominal or below market rental rates when the director deems it will benefit these persons and families. -(g)All leases of state-owned property in the core area to any private person for other than parking shall be subject to possessory interest taxes in accordance with Chapter 1 (commencing with Section 101) of Part 1 of Division 1 of the Revenue and Taxation Code. -(h)The net proceeds of any moneys received from the disposition of any state parcels sold pursuant to subdivision (b) shall be deposited into the General Fund. The department shall be reimbursed for any cost or expense incurred in the disposition of any parcels.","Existing law authorizes certain internship and fellowship programs in state government. -This bill would establish the California Law Fellowship Program for the purpose of offering licensed attorneys and other qualifying law school graduates limited-term placements in public sector positions within state government as California Law Fellows, and encouraging each participant fellow to seek permanent public-sector employment at the conclusion of his or her fellowship, as specified. -Existing law, commonly known as the Code of Ethics, prohibits a Member of the Legislature or an employee of either house of the Legislature from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance, or other matter related to the legislative process, except for specified circumstances. -This bill would provide that the services of a participant in the California Law Fellowship Program Fellow are not compensation, a reward, or a gift to a Member of the Legislature for purposes of the so-called Code of Ethics. The bill would also provide that a participant in the program is not an employee of either house of the Legislature for purposes of the Code of Ethics. -Existing law designates the Capitol Area Plan approved by the Director of General Services as the official state master plan for development in the City of Sacramento’s central city area. Existing law requires the plan to be used as a guide for the location of state buildings and other facilities in the metropolitan area. Existing law governs the lease or sale of real property covered by the plan that is owned by the state and not under the jurisdiction of any other state agency. -This bill would make nonsubstantive changes to those lease and sale provisions.","An act to -amend Section 8169 of -add Section 8924.7 to, and to add Chapter 1.5 (commencing with Section 8050) to Division 1 of Title 2 of, -the Government Code, relating to state -property. -government." -905,"The people of the State of California do enact as follows: - - -SECTION 1. -Part 54.7 (commencing with Section 88900) is added to Division 7 of Title 3 of the Education Code, to read: -PART 54.7. California College Promise Innovation Grant Program -88900. -This part shall be known, and may be cited, as the California College Promise Innovation Grant Program. -88901. -(a) The California College Promise Innovation Grant Program is hereby established, to be administered by the chancellor’s office. The chancellor’s office shall distribute grants, upon appropriation by the Legislature, to the governing boards of community college districts pursuant to applications that satisfy the requirements of this part. -(b) For purposes of this part, “chancellor’s office” means the Office of the Chancellor of the California Community Colleges. -88902. -The goals of the California College Promise Innovation Grant Program awards are to support community college districts in establishing or expanding regional California College Promise programs in partnership with school districts and public postsecondary universities in California to accomplish all of the following: -(a) Increase the number and percentage of high school students within the region who are prepared for and attend college directly from high school. -(b) Increase the percentage of high school graduates within the region who are placed in college-level math and English at a public postsecondary university in California. -(c) Increase the percentage of students from the region who earn associate degrees or career technical education certificates. -(d) Increase the percentage of students from the region who successfully transfer from a community college to a public postsecondary university in California. -(e) Increase the percentage of students from the region who graduate with a bachelor’s degree. -(f) Reduce and eliminate achievement gaps for students from groups that are underrepresented in postsecondary education, such as underrepresented minority students, low-income students, students who are current or former foster youth, students with disabilities, and students who are veterans. -(g) Leverage existing sources of local and state funding to better align efforts to improve student success. -88903. -(a) In order to receive a grant, the governing board of a community college district shall demonstrate in its application for funding that the community college will partner with one or more school districts and one or more California State University or University of California campuses, if appropriate, to establish or expand a California College Promise program that includes all of the following practices and principles: -(1) Partnering with one or more school districts to establish an Early Commitment to College Program that is consistent with the intent of Article 6.3 (commencing with Section 54710) of Chapter 9 of Part 29 of Division 4 of Title 2 to provide K–12 students and families assistance that includes, but is not limited to, learning about college opportunities, visiting campuses, taking and completing college preparatory courses, and applying for college and financial aid. -(2) Partnering with one or more school districts to support and improve high school student preparation for college and reduce postsecondary remediation through practices that may include, but are not limited to, small learning communities, concurrent enrollment, and other evidence-based practices. -(3) Utilizing evidence-based placement and student assessment indicators at the community college district that include multiple measures of student performance, including grades in high school courses, overall grade point averages, results from common assessments, and input from counselors. -(4) Providing students who are enrolled at the community college district with access to courses, including, but not limited to, priority registration, and allowing them to register for a full academic year of courses at once, in order to keep them on track to graduate, transfer to a public postsecondary university, or earn a career technical education certificate in California. -(5) Providing outreach to students who are enrolled at a community college within the community college district regarding the Associate Degrees for Transfer and the California Community College Transfer Entitlement Cal Grant program. -(b) (1) The chancellor’s office in its application criteria shall encourage the governing board of a community college district applying to receive a California College Promise Innovation Grant Program award to identify local public and private sources of funding to develop sustainable California College Promise programs within the community college district. -(2) The chancellor’s office in its application criteria shall encourage the governing board of a community college district applying to receive a California College Promise Innovation Grant Program award to leverage new or existing sources of local and state funding to better align efforts to improve student success. -(c) The chancellor’s office shall post on its Internet Web site, for ease of access, all applications that receive funding under the grant program, and shall encourage each community college district that does not receive a grant to identify local public and private sources of funding to develop sustainable California College Promise programs within the district. -(d) (1) The chancellor’s office shall be responsible for developing application criteria, administrative guidelines, and other requirements for purposes of administering the grant program. -(2) An application that demonstrates one or both of the following shall receive first priority: -(A) Identifies local public and private sources of funding to develop sustainable California College Promise programs within the community college district. -(B) Leverages new or existing sources of local and state funding to better align efforts to improve student success. -(3) An application that demonstrates one or more of the following shall receive secondary priority: -(A) Develops partnerships pursuant to paragraph (2) of subdivision (a) with school districts located predominantly within the community college district’s residential boundaries. -(B) Provides services to a greater proportion of students. -(C) Develops at least one partnership with a California State University campus with the goal of guaranteeing admission and seamless transfer to the California State University campus for the district’s students who have successfully completed transfer requirements. -88904. -(a) The Legislature encourages school districts, the University of California, the California State University, the Student Aid Commission, independent colleges and universities, local and regional government agencies, and nonprofit, business, or other community organizations to provide support services as needed in coordination with community college districts for purposes of this part. -(b) The Legislature further encourages the chancellor’s office to coordinate implementation of this part with other funded college readiness and pathways programs. -88905. -The governing board of a community college district that receives a grant is encouraged to enter into a memorandum of understanding with a partnering school district or public postsecondary university to coordinate the programs and activities proposed in the district’s application in order to meet the goals of this part. -88906. -This part shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.","Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. The board appoints a chief executive officer known as the Chancellor of the California Community Colleges. Under existing law, community college districts are authorized, among other things, to maintain and operate campuses, employ faculty and other employees, and provide instruction to students. -This bill would establish the California College Promise Innovation Grant Program, under the administration of the Office of the Chancellor of the California Community Colleges, which would require the chancellor’s office to distribute grants, upon appropriation by the Legislature, to the governing boards of community college districts, who meet certain requirements, to support the establishment of regional programs with the goals of increasing college preparation, college access, and college success. These provisions would be repealed on January 1, 2021.","An act to add and repeal Part 54.7 (commencing with Section 88900) of Division 7 of Title 3 of the Education Code, relating to community colleges." -906,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares each of the following: -(a) There is a compelling need for additional resources to be applied at the local level for the purpose of ensuring public safety. -(b) The Los Angeles Times stated on November 10, 2015, that “A Times review found that property crime has increased in nine of California’s 10 largest cities so far this year compared with the same period last year. Violent crime was up in all 10.” -(c) The state’s criminal justice realignment and Proposition 47 of 2014, the “Safe Neighborhoods and Schools Act,” have also placed new burdens on local law enforcement. -(d) Rising crime rates, coupled with a growing state population, and rising inflation have placed significant pressure on local law enforcement budgets. Funding for local law enforcement programs has not kept pace with statewide growth in population or inflation. What was once funding of $489.9 million has increased to $549.1 million. However, based on increases in the State Appropriations Limit since fiscal year 2006–07, funding should be 28.82 percent higher, or $631.1 million, which is $85 million above current levels. This funding should be proportionally available to all communities and should be distributed consistent with the current percentage distribution schedule established by the Department of Finance for the Citizens’ Option for Public Safety (COPS) program. -(e) Many California communities are plagued by gang violence, drug addiction, and violence associated with drug use and drug trafficking. -(f) A letter dated December 21, 2015, from the United States Department of Justice stated that, for the foreseeable future, the department would be halting equitable funding payments to state, local, and tribal law enforcement partners. For California law enforcement agencies this will result in approximately $85 million in lost revenue. -(g) Accordingly, it is the intent of the Legislature to establish a new program to provide additional funding for front-line law enforcement services, particularly those focused on drug interdiction, antigang enforcement, and other local law enforcement and crime prevention-related activities. -SEC. 2. -Chapter 6.8 (commencing with Section 30066) is added to Division 3 of Title 3 of the Government Code, to read: -CHAPTER 6.8. Budget Allocation for Drug and Gang Enforcement -30066. -(a) In addition to any moneys provided pursuant to Chapter 6.7, in any fiscal year in which a county receives moneys to be expended for the implementation of this chapter, the county auditor shall allocate the moneys received pursuant to this chapter and deposited in the county’s Supplemental Law Enforcement Services Account (SLESA) within 30 days of the deposit of those moneys into the fund. -(b) The moneys described in subdivision (a) shall be allocated to the county and the cities within the county, and, in the case of San Mateo, Kern, Siskiyou, and Contra Costa Counties, also to the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District, in accordance with the relative population of the cities within the county and the unincorporated area of the county, and the Broadmoor Police Protection District in the County of San Mateo, the Bear Valley Community Services District and the Stallion Springs Community Services District in the County of Kern, the Lake Shastina Community Services District in the County of Siskiyou, and the Kensington Police Protection and Community Services District in County of Contra Costa, consistent with the percentage table developed by the Department of Finance pursuant to paragraph (3) of subdivision (b) of Section 30061. For a newly incorporated city whose population estimate is not published by the Department of Finance, but that was incorporated prior to July 1 of the fiscal year in which an allocation from the SLESA is to be made, the city manager, or an appointee of the legislative body if a city manager is not available, and the county administrative or executive officer shall prepare a joint notification to the Department of Finance and the county auditor with a population estimate reduction of the unincorporated area of the county equal to the population of the newly incorporated city by July 15, or within 15 days after the Budget Act is enacted, of the fiscal year in which an allocation from the SLESA is to be made. No person residing within the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, or the Kensington Police Protection and Community Services District shall also be counted as residing within the unincorporated area of the County of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city located within those counties. Moneys allocated to the county pursuant to this subdivision shall be retained in the county SLESA, and moneys allocated to a city pursuant to this subdivision shall be deposited an SLESA established in the city treasury. -(c) Funds received pursuant to subdivision (a) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. -30067. -(a) Moneys allocated from a Supplemental Law Enforcement Services Account (SLESA) to a recipient entity pursuant to this chapter shall be expended exclusively to provide front-line law enforcement services. Those moneys shall not be used by a local agency to supplant other funding for Public Safety Services, as defined in Section 36 of Article XIII of the California Constitution. -(b) Funding received pursuant to this chapter may be used for any of the following: -(1) Drug interdiction programs. -(2) Acquisition, maintenance, and training related to the use of body-worn cameras. -(3) Costs, including personnel costs, related to peace officer training, including training relating to the instruction in the handling of persons with developmental disabilities or mental illness, or both. -(4) Other front-line law enforcement services. -(c) In no event shall any moneys allocated from the county’s SLESA pursuant to this chapter be expended by a recipient agency to fund administrative overhead costs in excess of 0.5 percent of a recipient entity’s SLESA allocation pursuant to this chapter for that year. -(d) For the purposes of this chapter, “front-line law enforcement services” includes antigang, community crime prevention, and juvenile justice programs. -SEC. 3. -The sum of eighty-five million dollars ($85,000,000) is hereby appropriated from the General Fund in the State Treasury for allocation by the State Controller to the counties for the purposes specified in Chapter 6.8 (commencing with Section 30066) of Division 3 of Title 3 of the Government Code. The Controller shall allocate those moneys among each Supplemental Law Enforcement Services Account (SLESA) established by each county and city and county pursuant to Section 30063 of the Government Code, consistent with the percentage schedule developed by the Department of Finance pursuant to paragraph (3) of subdivision (b) of Section 30061.","Existing law establishes in each county treasury a Supplemental Law Enforcement Services Account (SLESA) and requires the county auditor to allocate moneys in the SLESA in a prescribed manner to counties and cities located within the county for the purpose of funding specified public safety programs. -This bill would appropriate $85,000,000 from the General Fund in the State Treasury to be allocated by the State Controller to each city’s and city and county’s SLESA. The bill would require the county auditor for a county to allocate moneys received from that appropriation to the county, each city within the county, and certain special districts, as specified. The bill would authorize a local agency that receives funds from that allocation to use the funds for front-line law enforcement activities, including drug interdiction, antigang, community crime prevention, and juvenile justice programs. The bill would make related legislative findings and declarations.","An act to add Chapter 6.8 (commencing with Section 30066) to Division 3 of Title 3 of the Government Code, relating to public safety, and making an appropriation therefor." -907,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature to increase the college graduation rates of low-income Californians and to reduce the incidence of economic hardship and hunger among low-income college students. -SEC. 2. -Section 66025.93 is added to the Education Code, immediately following Section 66025.92, to read: -66025.93. -(a) Each public or private postsecondary educational institution that is located in a county that participates in the Restaurant Meals Program established pursuant to Section 2020 of Title 7 of the United States Code shall do all of the following: -(1) Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facility on campus. -(2) Annually provide all on-campus food vendors not operated by the institution with information regarding the Restaurant Meals Program and the manner in which to apply. -(3) If an on-campus food vendor has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by the State Department of Social Services. -(b) This section does not require an institution to create, operate, or maintain an EBT system on behalf of on-campus food vendors. -(c) An approved food vendor participating in the Restaurant Meals Program pursuant to this section, and a county in which the program is operated, shall meet the requirements of the Restaurant Meals Program. -SEC. 3. -Section 18904.3 of the Welfare and Institutions Code is amended to read: -18904.3. -(a) If a private nonprofit organization, public postsecondary educational institution, or other state or local agency secures funds for CalFresh outreach activities that are allowable for partial federal reimbursement, and complies with contracting requirements established in state and federal law, the department shall, subject to approval of the state’s outreach plan by the United States Department of Agriculture, act as the state entity for receipt of federal reimbursement on behalf of the organization, institution, or agency. -(b) Any reduction in federal funding to the state that is due to the result of any audit of CalFresh outreach contracts or activities shall be applied to the appropriate local government that served as the contracting agency for CalFresh outreach activities. -SEC. 4. -Section 18995 of the Welfare and Institutions Code is amended to read: -18995. -(a) On and after January 1, 2012, the State Department of Social Services shall establish and administer the State Emergency Food Assistance Program (SEFAP). The SEFAP shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households. -(b) (1) The State Emergency Food Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions. -(2) Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply: -(A) All moneys received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the SEFAP fund’s annual budget. -(B) Notwithstanding subparagraph (A), funds received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP as described in subparagraph (A), and shall, in part, be used to pay for the department’s administrative costs associated with the administration of the SEFAP. -(c) (1) The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code. -(2) Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria: -(A) The primary function of the food bank is the distribution of food to low-income households. -(B) The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students. -SEC. 4.5. -Section 18995 of the Welfare and Institutions Code is amended to read: -18995. -(a) On and after January 1, 2017, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the “CalFood Program.” The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households. -(b) (1) The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions. -(2) Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply: -(A) All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program fund’s annual budget. -(B) Notwithstanding subparagraph (A), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in subparagraph (A), and shall, in part, be used to pay for the department’s administrative costs associated with the administration of the CalFood Program. -(c) (1) The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code. -(2) Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria: -(A) The primary function of the food bank is the distribution of food to low-income households. -(B) The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students. -SEC. 5. -Section 4.5 of this bill incorporates amendments to Section 18995 of the Welfare and Institutions Code proposed by both this bill and AB 1577. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 18995 of the Welfare and Institutions Code, and (3) this bill is enacted after AB 1577, in which case Section 4 of this bill shall not become operative. -SEC. 6. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing state law authorizes a county to deliver CalFresh benefits through the use of an electronic benefits transfer (EBT) system. Existing federal law authorizes counties to participate in the Restaurant Meals Program. -This bill would require each public and private postsecondary educational institution that is located in a county that participates in the Restaurant Meals Program to apply to become an approved food vendor for the program, if the institution operates any qualifying food facilities on campus, or to provide contracting food vendors with specified information about the program. By imposing these requirements on community colleges, this bill would impose a state-mandated local program. -(2) Existing law requires the State Department of Social Services, if private nonprofit organizations are successful in raising money for CalFresh outreach activities and have secured a local governmental agency to serve as the contracting agency, upon request and subject to approval by the United States Department of Agriculture, to act as their state entity for the receipt of matching funds. -This bill would additionally require the department to act as the state entity for the receipt of federal reimbursement for CalFresh outreach activities on behalf of state educational institutions or other state or local agencies, subject to certain conditions. -(3) Existing law requires the State Department of Social Services to establish and administer the State Emergency Food Assistance Program, to provide food and funding for the provision of emergency food to food banks, as provided. Existing law creates the State Emergency Food Assistance Program Account within the Emergency Food Assistance Program Fund and requires that moneys in the account, upon appropriation by the Legislature, be used by the program for the purchase, storage, and transportation of food grown or produced in California and for the department’s administrative costs. -This bill would establish the Public Higher Education Pantry Assistance Program Account in the Emergency Food Assistance Program Fund, and would require that moneys in the account, upon appropriation by the Legislature, be allocated to the department for allocation to food banks that support on-campus pantry and hunger relief efforts serving low-income students, as specified. -(4) This bill would incorporate changes to Section 18995 of the Welfare and Institutions Code proposed by both this bill and AB 1577, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last. -(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 66025.93 to the Education Code, and to amend Sections 18904.3 and 18995 of the Welfare and Institutions Code, relating to food assistance." -908,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4119.8 is added to the Business and Professions Code, to read: -4119.8. -(a) Notwithstanding any other law, a pharmacy may furnish naloxone hydrochloride or another opioid antagonist to a school district, county office of education, or charter school pursuant to Section 49414.3 of the Education Code if all of the following are met: -(1) The naloxone hydrochloride or another opioid antagonist is furnished exclusively for use at a school district schoolsite, county office of education schoolsite, or charter school. -(2) A physician and surgeon provides a written order that specifies the quantity of naloxone hydrochloride or another opioid antagonist to be furnished. -(b) Records regarding the acquisition and disposition of naloxone hydrochloride or another opioid antagonist furnished pursuant to subdivision (a) shall be maintained by the school district, county office of education, or charter school for a period of three years from the date the records were created. The school district, county office of education, or charter school shall be responsible for monitoring the supply of naloxone hydrochloride or another opioid antagonist and ensuring the destruction of expired naloxone hydrochloride or another opioid antagonist. -SEC. 2. -Section 49414.3 is added to the Education Code, to read: -49414.3. -(a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose. -(b) For purposes of this section, the following terms have the following meanings: -(1) “Authorizing physician and surgeon” may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director. -(2) “Auto-injector” means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the federal Food and Drug Administration for layperson use. -(3) “Opioid antagonist” means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose. -(4) “Qualified supervisor of health” may include, but is not limited to, a school nurse. -(5) “Volunteer” or “trained personnel” means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d). -(c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision. -(d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on his or her offer to volunteer, and there shall be no retaliation against any individual for rescinding his or her offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteer’s regular working hours. -(2) An employee who volunteers pursuant to this section may rescind his or her offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training. -(e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others. -(2) Training established pursuant to this subdivision shall include all of the following: -(A) Techniques for recognizing symptoms of an opioid overdose. -(B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist. -(C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupil’s parent or guardian. -(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation. -(E) Written materials covering the information required under this subdivision. -(3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department. -(4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2). -(5) The department shall include on its Internet Web site a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils. -(f) Any school district, county office of education, or charter school electing to utilize naloxone hydrochloride or another opioid antagonist for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information: -(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose. -(2) A description of the training that the volunteer will receive pursuant to subdivision (d). -(3) The right of an employee to rescind his or her offer to volunteer pursuant to this section. -(4) A statement that no benefit will be granted to or withheld from any individual based on his or her offer to volunteer and that there will be no retaliation against any individual for rescinding his or her offer to volunteer, including after receiving training. -(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school electing to utilize naloxone hydrochloride or another opioid antagonist for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used. -(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1). -(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers. -(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. -(h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date. -(2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector. -(3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with. -(i) A school district, county office of education, or charter school electing to utilize naloxone hydrochloride or another opioid antagonist for emergency aid shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file. -(j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for his or her acts or omissions in administering the naloxone hydrochloride or another opioid antagonist. -(2) The protection specified in paragraph (1) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist. -(3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care “for compensation,” notwithstanding the fact that he or she is a paid public employee. -(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out the provisions of this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler.","(1) Existing law authorizes a pharmacy to furnish epinephrine auto-injectors to a school district, county office of education, or charter school if certain conditions are met. Existing law requires the school district, county office of education, or charter school to maintain records regarding the acquisition and disposition of epinephrine auto-injectors furnished by the pharmacy for a period of 3 years from the date the records were created. -This bill would authorize a pharmacy to furnish naloxone hydrochloride or another opioid antagonist to a school district, county office of education, or charter school if certain conditions are met. The bill would require the school district, county office of education, or charter school to maintain records regarding the acquisition and disposition of naloxone hydrochloride or another opioid antagonist furnished by the pharmacy for a period of 3 years from the date the records were created. -(2) Under existing law, the governing board of a school district is required to give diligent care to the health and physical development of pupils and may employ properly certified persons for that work. Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses or trained volunteer personnel and authorizes school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction, as provided. -This bill would authorize a school district, county office of education, or charter school to provide emergency naloxone hydrochloride or another opioid antagonist to school nurses and trained personnel who have volunteered, as specified, and authorizes school nurses and trained personnel to use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose. The bill would expressly authorize each public and private elementary and secondary school in the state to voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school and to designate one or more school personnel to receive prescribed training regarding naloxone hydrochloride or another opioid antagonist from individuals in specified positions. -The bill would require the Superintendent of Public Instruction to establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist, to review these standards every 5 years or sooner as specified, and to consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment in developing and reviewing those standards. The bill would require the State Department of Education to include on its Internet Web site a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils. -The bill would require a school district, county office of education, or charter school choosing to exercise the authority to provide emergency naloxone hydrochloride or another opioid antagonist to provide the training for the volunteers at no cost to the volunteers and during the volunteers’ regular working hours. The bill would require a qualified supervisor of health or administrator at a school district, county office of education, or charter school electing to utilize naloxone hydrochloride or another opioid antagonist for emergency medical aid to obtain the prescription for naloxone hydrochloride or another opioid antagonist from an authorizing physician and surgeon, as defined, and would authorize the prescription to be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers. -The bill would authorize school nurses or, if the school does not have a school nurse, a person who has received training regarding naloxone hydrochloride or another opioid antagonist to immediately administer naloxone hydrochloride or another opioid antagonist under certain circumstances. The bill would provide that volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector, as specified. -The bill would prohibit an authorizing physician and surgeon from being subject to professional review, being liable in a civil action, or being subject to criminal prosecution for any act in the issuing of a prescription or order, pursuant to these provisions, unless the act constitutes gross negligence or willful or malicious conduct. The bill would prohibit a person trained under these provisions who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose from being subject to professional review, being liable in a civil action, or being subject to criminal prosecution for this administration.","An act to add Section 4119.8 to the Business and Professions Code, and to add Section 49414.3 to the Education Code, relating to pupils." -909,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 21080.06 is added to the -Public Resources Code -, to read: -21080.06. -(a)This division does not apply to a project that is determined by the City of Porterville as the best option based on a feasibility study conducted by the city seeking long-term solutions to the lack of water in East Porterville. The project may be one of the following: -(1)The construction of a series of satellite water treatment facilities located adjacent to existing water distribution line. -(2)The construction of an advanced water recycling treatment facility located either adjacent to the city’s existing wastewater treatment facility or at a preferred location, as determined by the results of the city’s feasibility study. -(3)Upgrades to the city’s existing wastewater treatment facility to allow for tertiary treatment of the city’s wastewater. -(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SECTION 1. -Section 21168.11 is added to the Public Resources Code, to read: -21168.11. -(a) For the purposes of this section, the following definitions apply: -(1) “Lead agency” means the City of Porterville. -(2) “Water treatment project” or “project” means a project that is determined by the City of Porterville as the best option based on a feasibility study conducted by the city seeking long-term solutions to the lack of water in East Porterville. The project may be one of the following: -(A) The construction of a series of satellite water treatment facilities in the City of Porterville that are located adjacent to existing water distribution lines. -(B) The construction of an advanced water recycling treatment facility in the City of Porterville that is located either adjacent to the city’s existing wastewater treatment facility or at a preferred location, as determined by the results of the city’s feasibility study. -(C) Upgrades to the City of Porterville’s existing wastewater treatment facility to allow for tertiary treatment of the city’s wastewater. -(b) (1) The draft and final environmental impact report for the project shall include a notice in not less than 12-point type stating the following: - - -THIS EIR IS SUBJECT TO SECTION 21168.11 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION 21168.11 OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.11 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR. - - -(2) The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section. -(3) Within 10 days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that report. -(4) Within 10 days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report. -(5) (A) Within five days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation. The lead agency shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 days after the close of the public comment period. -(B) A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated. -(C) The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years experience in land use and environmental law or science, or mediation. -(D) A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute. -(E) The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this subparagraph shall not raise the issue addressed by that measure as a basis for an action or proceeding challenging the lead agency’s decision to certify the environmental impact report or to grant one or more initial project approvals. -(6) The lead agency need not consider written comments submitted after the close of the public comment period, unless those comments address any of the following: -(A) New issues raised in the response to comments by the lead agency. -(B) New information released by the public agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents. -(C) Changes made to the project after the close of the public comment period. -(D) Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting and monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, where the lead agency releases those documents subsequent to the release of the draft environmental impact report. -(E) New information that was not reasonably known and could not have been reasonably known during the public comment period. -(7) The lead agency shall file the notice required by subdivision (a) of Section 21152 within five days after the last initial project approval. -(c) (1) The lead agency shall prepare and certify the record of the proceedings in accordance with this subdivision and in accordance with Rule 3.1365 of the California Rules of Court. -(2) No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to or relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared or received by the lead agency. -(3) Notwithstanding paragraph (2), documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index must specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review. -(4) The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any such comment available to the public in a readily accessible electronic format within five days of its receipt. -(5) Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format. -(6) The lead agency shall indicate in the record of the proceedings comments received that were not considered by the lead agency pursuant to paragraph (6) of subdivision (b) and need not include the content of the comments as a part of the record. -(7) Within five days after the filing of the notice required by subdivision (a) of Section 21152, the lead agency shall certify the record of the proceedings for the approval or determination and shall provide an electronic copy of the record to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy. -(8) Within 10 days after being served with a complaint or a petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court. -(9) Any dispute over the content of the record of the proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record shall file a motion to augment the record at the time it files its initial brief. -(10) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unprecedented drought conditions that have resulted in more than 600 homes in the City of Porterville without a functioning domestic water well. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -To ensure the expeditious construction of recycled water treatment facilities and directly related pipelines to mitigate drought conditions for which the Governor has declared a state of emergency, it is necessary for this measure to take effect immediately.","Existing law, the California Environmental Quality Act, requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. The act also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. -The act exempts from its requirements projects consisting of the construction or expansion of recycled water pipeline and directly related infrastructure within existing rights of way, and directly related groundwater replenishment, if the project does not affect wetlands or sensitive habitat, and where the construction impacts are fully mitigated, and undertaken for the purpose of mitigating drought conditions for which a state of emergency was proclaimed by the Governor on a certain date. The act provides that this exemption remains operative until the state of emergency has expired or until January 1, 2017, whichever occurs first. -This bill, until January 1, 2021, would exempt from the act’s requirements a water treatment project determined by the City of Porterville as the best option based on a certain feasibility study, as provided. -This bill would require the lead agency, in certifying the environmental impact report and in granting approvals for a certain water treatment project determined by the City of Porterville based on a certain feasibility study, as specified, to comply with specified procedures, including the concurrent preparation of the record of proceedings and the certification of the record of proceedings within 5 days of the filing of a specified notice. -This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Porterville. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to add -and repeal Section 21080.06 of -Section 21168.11 to -the Public Resources Code, relating to environmental quality, and declaring the urgency thereof, to take effect immediately." -910,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2079.13 of the Civil Code is amended to read: -2079.13. -As used in Sections 2079.7, and 2079.14 to 2079.24, inclusive, the following terms have the following meanings: -(a) “Agent” means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. -(b) “Associate licensee” means a person who is licensed as a real estate broker or salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code and who is either licensed under a broker or has entered into a written contract with a broker to act as the broker’s agent in connection with acts requiring a real estate license and to function under the broker’s supervision in the capacity of an associate licensee. -The agent in the real property transaction bears responsibility for his or her associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions. -(c) “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes vendee or lessee. -(d) “Commercial real property” means all real property in the state, except single-family residential real property, dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, mobilehomes, as defined in Section 798.3, or recreational vehicles, as defined in Section 799.29. -(e) “Dual agent” means an agent acting, either directly or through an associate licensee, as agent for both the seller and the buyer in a real property transaction. -(f) “Listing agreement” means a contract between an owner of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer. -(g) “Listing agent” means a person who has obtained a listing of real property to act as an agent for compensation. -(h) “Listing price” is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the listing agent. -(i) “Offering price” is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. -(j) “Offer to purchase” means a written contract executed by a buyer acting through a selling agent that becomes the contract for the sale of the real property upon acceptance by the seller. -(k) “Real property” means any estate specified by subdivision (1) or (2) of Section 761 in property that constitutes or is improved with one to four dwelling units, any commercial real property, any leasehold in these types of property exceeding one year’s duration, and mobilehomes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. -(l) “Real property transaction” means a transaction for the sale of real property in which an agent is employed by one or more of the principals to act in that transaction, and includes a listing or an offer to purchase. -(m) “Sell,” “sale,” or “sold” refers to a transaction for the transfer of real property from the seller to the buyer, and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year’s duration. -(n) “Seller” means the transferor in a real property transaction, and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. “Seller” includes both a vendor and a lessor. -(o) “Selling agent” means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property, or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller. -(p) “Subagent” means a person to whom an agent delegates agency powers as provided in Article 5 (commencing with Section 2349) of Chapter 1 of Title 9. However, “subagent” does not include an associate licensee who is acting under the supervision of an agent in a real property transaction.","Existing law defines various terms for the purposes of some, but not all, provisions relating to the duty owed to the prospective purchaser in transactions of commercial and residential real estate, including, but not limited to, the terms “agent,” “buyer,” “real property,” “sell,” “sale,” “sold,” and “seller.” -This bill would specify that those definitions also apply to a provision relating to the duty to inform the prospective purchaser of specified property of common environmental hazards.","An act to amend Section 2079.13 of the Civil Code, relating to real property transactions." -911,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) It is the intent of the Legislature to clarify that pawnbrokers and other secondhand dealers are to report their acquisition of tangible personal property received in pledge, trade, consignment, or auction or by purchase using plain text, in descriptive language historically used in the pawn and secondhand industries when reporting to the single, statewide, and uniform electronic reporting system operated by the Department of Justice, or if not yet implemented in their respective jurisdictions, on paper forms sent to the local police chief or sheriff of the jurisdiction in which the secondhand dealer is physically located. -(b) It is further the intent of the Legislature that by specifying this manner of reporting, it will relieve all secondhand dealers and pawnbrokers of the inherent costs and burdens imposed under existing law that requires these businesses to report their daily acquisitions of secondhand tangible personal property on paper forms limited to a single transaction, or where the electronic reporting system is implemented, the cost associated with converting industry standard descriptions to specific law enforcement categories, the ongoing costs of training to that standard, and the costs of implementing software to maintain that standard. -(c) Further, it is the intent of the Legislature that the Department of Justice shall continue to accept the plain text descriptive language historically used in the pawn and secondhand industries and may provide article field descriptors to secondhand dealers in order to facilitate communication between the single, statewide, and uniform electronic reporting system and law enforcement databases. It is the intent of the Legislature that only properly trained law enforcement personnel of the Department of Justice or local law enforcement classify and encode for law enforcement databases property reported by pawnbrokers and secondhand dealers. -SEC. 2. -Section 21627.5 is added to the Business and Professions Code, to read: -21627.5. -“CAPSS” means the California Pawn and SecondhandDealer System, which is a single, statewide, uniform electronic reporting system that receives secondhand dealer reports and is operated by the Department of Justice consistent with Resolution Chapter 16 of the Statutes of 2010. The maintenance and operation of CAPSS is funded by the Secondhand Dealer and Pawnbroker Fund established pursuant to Section 21642.5. -SEC. 3. -Section 21628 of the Business and Professions Code, as amended by Section 1 of Chapter 169 of the Statutes of 2015, is amended to read: -21628. -(a) Every secondhand dealer or coin dealer described in Section 21626 shall report daily, or no later than the next business day excluding weekends and holidays after receipt or purchase of secondhand tangible personal property, to CAPSS, all secondhand tangible personal property, except for firearms, which he or she has purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning, in accordance with the provisions of Section 21630 and subdivision (d). The report shall be legible, prepared in English, completed where applicable, and include only the following information: -(1) The name and current address of the intended seller or pledger of the property. -(2) The identification of the intended seller or pledger. The identification of the seller or pledger of the property shall be verified by the person taking the information, who may use technology, including, but not limited to, cameras or software, or both, to obtain information and verify identity remotely. The verification shall be valid if the person taking the information reasonably relies on any one of the following documents, provided that the document is currently valid or has been issued within five years and contains a photograph or description, or both, of the person named on it, and, where applicable, is signed by the person, and bears a serial or other identifying number: -(A) A passport of the United States. -(B) A driver’s license issued by any state or Canada. -(C) An identification card issued by any state. -(D) An identification card issued by the United States. -(E) A passport from any other country in addition to another item of identification bearing an address. -(F) A Matricula Consular in addition to another item of identification bearing an address. -(3) (A) A property description. The property description shall be a complete and reasonably accurate description of the property, including, but not limited to, the following: serial number, personalized inscriptions, and other identifying marks or symbols, owner-applied numbers, the size, color, material, and, if known by the secondhand dealer, the manufacturer’s pattern name. The property description shall include the brand and model name or number of the item if known to, or reasonably ascertainable by, the secondhand dealer. The property description shall include a plain text description of the item generally accepted by the secondhand industry. Watches need not be disassembled when special skill or special tools are required to obtain the required information, unless specifically requested to do so by a peace officer. A special tool does not include a penknife, caseknife, or similar instrument and disassembling a watch with a penknife, caseknife, or similar instrument does not constitute a special skill. In all instances where the required information may be obtained by removal of a watchband, then the watchband shall be removed. The cost associated with opening the watch shall be borne by the pawnbroker, secondhand dealer, or customer. -(B) A secondhand dealer shall utilize in the article field either an article field descriptor, the format of which shall be provided by the Department of Justice, or a properly spelled and non-abbreviated plain text descriptor commonly recognized and utilized by the pawn and secondhand dealer industry. The lack of an article field descriptor provided by the Department of Justice shall not be relevant to any determination as to whether the secondhand dealer has received evidence of authority to sell or pledge the property pursuant to paragraph (1) of subdivision (b) so long as the secondhand dealer reports an article field descriptor consistent with this subdivision. -(C) In the case of the receipt or purchase of a handheld electronic device by a secondhand dealer, the serial number reported pursuant to subparagraph (A) may be the International Mobile Station Equipment Identity (IMEI), the mobile equipment identifier (MEID), or other unique identifying number assigned to that device by the device manufacturer. If none of these identifying numbers are available by the time period required for reporting pursuant to this subdivision, the report shall be updated with the IMEI, MEID, or other unique identifying number assigned to that device by the device manufacturer as soon as reasonably possible but no later than 10 working days after receipt or purchase of the handheld electronic device. -(D) For the purpose of this paragraph, “handheld electronic device” means any portable device that is capable of creating, receiving, accessing, or storing electronic data or communications and includes, but is not limited to, a cellular phone, smartphone, or tablet. -(4) A certification by the intended seller or pledger that he or she is the owner of the property or has the authority of the owner to sell or pledge the property. -(5) A certification by the intended seller or pledger that to his or her knowledge and belief the information is true and complete. -(6) A legible fingerprint taken from the intended seller or pledger, as prescribed by the Department of Justice. This requirement does not apply to a coin dealer, unless required pursuant to local regulation. -(7) A report submitted by a pawnbroker or secondhand dealer shall be deemed to have been accepted by the Department of Justice if a good faith effort has been made to supply all of the required information. An error or omission on the report shall be noted, and the reporting pawnbroker or secondhand dealer shall be notified of the error or omission by the Department of Justice. A reporting pawnbroker or secondhand dealer shall have three business days from that notice to amend or correct the report before being subject to any enforcement violation. -(b) (1) When a secondhand dealer complies with all of the provisions of this section, he or she shall be deemed to have received from the seller or pledger adequate evidence of authority to sell or pledge the property for all purposes included in this article, and Division 8 (commencing with Section 21000) of the Financial Code. -(2) In enacting this subdivision, it is the intent of the Legislature that its provisions shall not adversely affect the implementation of, or prosecution under, any provision of the Penal Code. -(c) Any person who conducts business as a secondhand dealer at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, outside the jurisdiction that issued the secondhand dealer license in accordance with subdivision (d) of Section 21641, may be required to submit a duplicate of the transaction report prepared pursuant to this section to the local law enforcement agency where the gun show or event is conducted. -(d) (1) The Department of Justice shall recognize and accept the properly spelled and non-abbreviated plain text property descriptors generally accepted in the pawn and secondhand industries provided by pawnbrokers and secondhand dealers, as has been the longstanding practice of chiefs of police and sheriffs when they had received paper reports from pawnbrokers and secondhand dealers. -(2) A report required of a secondhand dealer pursuant to this section shall be transmitted by electronic means to CAPSS by the secondhand dealer. -(3) Unless specifically identified in this section, the Department of Justice, chiefs of police, and sheriffs shall not require a secondhand dealer to include any additional information concerning the seller, the pledger, or the property received by the secondhand dealer in the report required by this section. -(4) If there is a future change to the reporting requirements of CAPSS that substantively alters the reporting standards provided by this article, those changes shall be implemented and operated in compliance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). In implementing and operating a future change to CAPSS, the Department of Justice, chiefs of police, and sheriffs shall comply with Sections 21637 and 21638. Notwithstanding any other law, the Department of Justice shall not take any action with respect to the implementation, operation, or maintenance of CAPSS required by this chapter by adoption of an emergency regulation. -(5) On or before July 1, 2017, the Department of Justice shall convene a meeting with the Department of Technology to discuss issues pertaining to any proposed changes or upgrades to CAPSS required by this chapter. The Department of Technology may provide technological assistance for ongoing improvements, updates, or changes to CAPSS required by this chapter, as requested. -(6) A coin dealer shall report the information required by this section under the reporting standard described in paragraph (1) on a form developed by the Attorney General that the coin dealer shall transmit each day by facsimile transmission or by mail to the chief of police or sheriff. A transaction shall consist of not more than one item. -(7) For purposes of this subdivision, “item” shall mean any single physical article. However, with respect to a commonly accepted grouping of articles that are purchased as a set, including, but not limited to, a pair of earrings or place settings of china, silverware, or other tableware, “item” shall mean that commonly accepted grouping. -(8) Nothing in this subdivision shall be construed as excepting a secondhand dealer from the fingerprinting requirement of paragraph (6) of subdivision (a). -(e) Nothing in this section shall be construed to exempt a person licensed as a firearms dealer pursuant to Sections 26700 to 26915, inclusive, of the Penal Code from the reporting requirements for the delivery of firearms pursuant to Sections 26700 to 26915, inclusive, of the Penal Code. -SEC. 4. -Section 21628.1 of the Business and Professions Code is repealed. -SEC. 5. -Section 21630 of the Business and Professions Code is repealed. -SEC. 6. -Section 21630 is added to the Business and Professions Code, to read: -21630. -(a) A secondhand dealer or coin dealer shall electronically transmit to CAPSS no later than the next business day after the date of transaction excluding weekends and holidays or, if not then possible due to an electrical, telecommunications, or other malfunction, as soon as reasonable thereafter, the report of acquisition of tangible personal property as required by Section 21628. -(b) Notwithstanding Section 21628, submission of a tangible property acquisition report is not required if the report of an acquisition of the same property from the same customer has been submitted within the preceding 12 months. -SEC. 7. -Section 21633 of the Business and Professions Code is repealed. -SEC. 8. -Section 21642.5 of the Business and Professions Code is amended to read: -21642.5. -(a) The Department of Justice shall require each applicant for an initial license under Section 21641 of this code or Section 21300 of the Financial Code and each applicant for renewal of a license under Section 21642 of this code or Section 21301 of the Financial Code to pay a fee not to exceed three hundred dollars ($300), but in no event exceeding the costs described in subdivision (b), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations. -(b) The fees assessed pursuant to subdivision (a) shall be no more than necessary to cover the reasonable regulatory costs to the department of doing all of the following: -(1) Processing initial license applications under Section 21641 of this code and Section 21300 of the Financial Code. -(2) Processing renewal applications under Section 21642 of this code and Section 21301 of the Financial Code. -(3) Implementing, operating, and maintaining CAPSS described in Section 21627.5. -(c) All licensees holding a license issued before the effective date of the act adding this section pursuant to Section 21641 or 21642 of this code or Section 21300 or 21301 of the Financial Code shall, within 120 days after enactment of the act adding this section in the 2011–12 Regular Session, in addition to any fee required under subdivision (a), pay a fee not to exceed two hundred eighty-eight dollars ($288) to the Department of Justice. -(d) The fees paid pursuant to subdivisions (a) and (c) shall be deposited in the Secondhand Dealer and Pawnbroker Fund, which is hereby established in the State Treasury. The revenue in the fund shall, upon appropriation by the Legislature, be used by the Department of Justice for the purpose of paying for the costs described in paragraphs (1) to (3), inclusive, of subdivision (b), except that the revenue received pursuant to subdivision (c) shall, upon appropriation by the Legislature, be used by the Department of Justice for the purpose of paying for the costs described in paragraph (3) of subdivision (b). -(e) Applicants described in subdivision (a) shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purposes of obtaining information as to the existence and contents of a record of state convictions and state arrests and information as to the existence and contents of a record of state arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance pending trial or appeal. -(1) The Department of Justice shall prepare a state-level response pursuant to paragraph (1) of subdivision (l) of Section 11105 of the Penal Code. -(2) The Department of Justice shall provide subsequent notification service pursuant to Section 11105.2 of the Penal Code for applicants described in this subdivision. -(3) The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this subdivision. The fee revenues shall be deposited in the Fingerprint Fee Account and shall, upon appropriation by the Legislature, be used by the department for the purposes of paying the costs associated with this subdivision. -SEC. 9. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to protect the public from the dissemination of stolen property, make the single, statewide, uniform electronic system a cost savings for secondhand dealers and pawnbrokers, and to require the plain text property descriptions historically utilized by these industries to be accepted by the Department of Justice, just as these plain text descriptions have historically been accepted by chiefs of police and sheriffs, at the earliest possible time, it is necessary that this act take effect immediately.","Existing law regulates secondhand dealers and coin dealers, and makes it unlawful for a person to engage in the business of a secondhand dealer without a license issued by the chief of police, the sheriff, or, where appropriate, the police commission. Existing law also regulates pawnbrokers. Existing law requires a local law enforcement agency to issue a license to engage in the business of a sehe bill would require the Department of Justice to accept the properly spelled and non-abbreviated plain text property descriptions commonly recognized and utilized by the pawn and secondhand dealer industries. The bill would require a secondhand dealer to provide a property description in an article field descriptor, as specified. This bill would prohibit the Department of Justice, chiefs of police, and sheriffs from requiring secondhand dealers to report any additional information other than that which is required by these provisions. The bill would require that a future change to the reporting requirements of CAPSS that substantively alters the reporting standards be implemented and operated in compliance with the Administrative Procedure Act and prohibit the Department of Justice from taking any action with respect to the implementation, operation, or maintenance of CAPSS by adoption of an emergency regulation. The bill would also require the Department of Justice to convene a meeting with the Department of Technology to discuss issues pertaining to any proposed changes or upgrades, and authorize the Department of Technology to provide technological assistance for ongoing improvements, updates, or changes, to CAPSS. -Existing law provides an exception to the reporting requirement for the acquisition of the same property from the same customer within 12 months of a reported transfer, except when submission of the report is specifically requested in writing by the local authorities. -This bill would expand the reporting requirement exception to all acquisitions of the same property from the same customer within 12 months of a reported transfer. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 21628 and 21642.5 of, to add Section 21627.5 to, to repeal Sections 21628.1 and 21633 of, and to repeal and add Section 21630 of, the Business and Professions Code, relating to secondhand goods, and declaring the urgency thereof, to take effect immediately." -912,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California has the highest number of older adults compared to any other state in the nation, with 4.2 million individuals over 65 years of age counted in the 2010 census. -(b) Elderly and dependent adults are seen as easy targets by financial predators who take advantage of their victims’ loneliness, isolation, and vulnerability. This population often falls victim to scams -such as -including -foreign lotteries, the sale of costly and ineffective annuities, identity theft, reverse mortgage scams, and fraudulent home repairs. Financial abuse is also committed by family members or caregivers who take advantage of an elder’s isolation and dependence. -(c) A 1998 study reported in the Journal of the American Medical Association found that an elder victimized by financial abuse has a decreased projected lifespan when compared to elders who have not suffered that exploitation. -(d) The State Department of Social Services reports that as many as 1,600 reports of elder and dependent adult financial abuse are under investigation per month by Adult Protective Services offices statewide. -(e) The California Victims of Crime Program does not serve this population even though federal law allows Victims of Crime Act funds to be used to do so. Federal guidelines identify elders and dependent adults as being underserved in this area. -(f) Many states already provide assistance to victims of financial crimes, including Colorado, Florida, Idaho, New Jersey, New York, Oklahoma, Pennsylvania, Vermont, and Wyoming. -(g) Elderly and dependent adult victims who lack the means to recover or replace misappropriated assets or property often suffer severe consequences including failing health; severe anxiety, depression, and hopelessness; and dependence on public assistance. Research has shown the benefits of mental health and financial counseling in helping these victims remain independent and regain the confidence to take perpetrators to court. -(h) A pilot program is needed to provide the Legislature with data on the demand for victim services, including mental health and financial counseling, by this population and the costs and outcomes of these services. The collection of this data could further help the state track the types and frequency of financial crimes against elder and dependent adults, identify services that are most needed by victims and the rates at which these services are utilized, and establish best practice protocols for serving these victims. -(i) The County of San Diego is well-situated to provide victims of elder and dependent adult financial abuse with access to services, including mental health and financial counseling. -SEC. 2. -Article 7 (commencing with Section 13967) is added to Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code, to read: -Article 7. San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program -13967. -(a) The San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program is hereby established. -(b) Notwithstanding Section 13955, and except as otherwise provided in subdivision (c), a person who meets the requirements listed in subdivision (a) of Section 13955, shall be eligible for compensation under subdivision (d) if he or she was a victim of a violation of subdivision (d) or (e) of Section 368 of the Penal Code, and the crime occurred in the County of San Diego. -(c) A person shall not be eligible for compensation pursuant to subdivision (b) if he or she is a derivative victim and the only crime the victim suffered is elder or dependent adult abuse described in subdivision (d) or (e) of Section 368 of the Penal Code. -(d) Notwithstanding Section 13957, the board may grant for pecuniary loss, upon appropriation by the Legislature before January 1, 2019, if the board determines it will best aid the person seeking compensation to reimburse the expense of financial counseling, mental health counseling, or supportive services for a victim of a crime described in subdivision (d) or (e) of Section 368 of the Penal Code or financial abuse as defined by Section 15610.30 of the Welfare and Institutions Code, that occurred in the County of San Diego, as follows, up to a total of not more than three thousand dollars ($3,000) per person: -(1) The cost of not more than 10 sessions of financial counseling provided by a financial counselor, as described in the Victims of Crime Act Victim Compensation Grant Program (66 F.R. 27158-01), or an adviser providing services such as analysis of a victim’s financial situation, including income-producing capacity and crime-related financial obligations, assistance with restructuring budget and debt, assistance in accessing insurance, public assistance, and other benefits, and assistance in completing the financial aspects of victim impact statements. -(2) The cost of not more than 10 sessions of mental health counseling. -(e) Compensation pursuant to subdivision (d) shall not exceed an aggregate total of one million dollars ($1,000,000) for all persons compensated pursuant to the San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program. -(f) This section shall become inoperative on January 1, 2020. -13967.1. -(a) On or before July 1, 2020, the California Victim Compensation and Government Claims Board shall report to the Legislature and Governor all of the following: -(1) The number of victims who received payments pursuant to this article. -(2) The number of victims who received mental health counseling. -(3) The average payment for mental health counseling per recipient. -(4) The number of victims who received financial counseling. -(5) The average payment for financial counseling per recipient. -(6) Any other data on the pilot program that the board wishes to include. -(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. -13967.5. -This article shall remain in effect only until January 1, 2021, and as of that date is repealed. -SEC. 3. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the County of San Diego where a high number of reported elder and dependent adult financial abuse crimes occur. The County of San Diego is well-suited for a pilot program that would allow the Legislature to gather data on the demand for victim services, including mental health and financial counseling, by elderly and dependent adult victims of financial crimes so as to effectively develop policies and resources for this underserved population. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation and Government Claims Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and specified limits on the amount of compensation the board may award, and requires applications for compensation to be verified under penalty of perjury. -This bill would create the San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program and would authorize the board, upon appropriation by the Legislature before January 1, 2019, to provide victims of elder or dependent adult financial abuse compensation to reimburse costs for financial counseling, mental health counseling, or supportive services, as specified, if the crime occurred in the County of San Diego. The bill would limit compensation pursuant to this authorization to $3,000 per person and an aggregate total of $1,000,000. The bill would exclude a derivative victim from eligibility for compensation if the only crime the victim suffered was elder or dependent adult financial abuse. The bill would authorize the pilot program to operate until January 1, 2020. The bill would require the board to report specified information related to the pilot program to the Legislature and Governor on or before July 1, 2020. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would repeal these provisions on January 1, 2021. -This bill would make related legislative findings and declarations, including findings and declarations as to the necessity of a special statute enacting a pilot program in the County of San Diego. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add and repeal Article 7 (commencing with Section 13967) to Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code, relating to crime victims." -913,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Modified hydrofluoric acid, a solution of hydrogen fluoride and water, is used by two refineries in California to manufacture high octane fuel. -(b) According to the United States Chemical Safety Board, “Hydrofluoric acid is one of the most hazardous and deadly chemicals used in petroleum refining.” -(c) In February 2015, an explosion at the Exxon Mobil Torrance refinery blanketed nearby neighborhoods with catalyst dust and felt like a 1.7 magnitude earthquake. The explosion nearly missed the Torrance refinery’s storage of modified hydrofluoric acid. -(d) Investigations have shown that since 1979 there have been more than 80 incidents at the Torrance refinery involving hydrofluoric acid. -(e) According to the federal Centers for Disease Control and Prevention, “Hydrogen fluoride gas, even at low levels, can irritate the eyes, nose, and respiratory tract. Breathing in hydrogen fluoride at high levels or in combination with skin contact can cause death from an irregular heartbeat or from fluid buildup in the lungs.” -(f) People who survive after being severely injured by breathing in hydrogen fluoride may suffer lingering chronic lung disease or prolonged or permanent visual defects, blindness, or the total destruction of the eye. -(g) Residents in southern California have tried to ban the use of hydrofluoric acid at refineries for more than 25 years. -(h) Previous attempts to ban hydrofluoric acid at refineries in California have ended in litigation. Notably, in 1991, Ultramar, the then-operator of the Wilmington refinery sued the South Coast Air Quality Management District after the district adopted a rule phasing out the use of hydrofluoric acid. -(i) Today, 616,000 residents in California live within 3.5 miles of refineries that combined store more than 60,000 lbs of modified hydrofluoric acid. -(j) Article I of the California Constitution declares, “All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.” -(k) Even in its modified form, hydrofluoric acid could kill more than 500,000 Californians at any moment, causing a threat to property and safety. -SEC. 2. -Article 11.3 (commencing with Section 25240) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read: -Article 11.3. Hydrogen Fluoride -25240. -The Legislature finds and declares all of the following: -(a) Hydrogen fluoride, a highly toxic and highly corrosive mineral acid used in the manufacture of unleaded gasoline and refrigerants, is a harmful and potentially deadly toxic gas. -(b) If released, hydrogen fluoride creates a deadly gas cloud that is toxic to the respiratory system. Inhalation of hydrogen fluoride gas can result in irritation, inflammation, bronchiolar ulceration, pulmonary hemorrhage and edema, and death. -(c) Hydrogen fluoride and hydrofluoric acid pose significantly greater risks than sulfuric acid, an alternative chemical that can be substituted in the manufacture of unleaded gasoline. -(d) An uncontrolled release of hydrogen fluoride would endanger human life and health over an area six times as large as a comparable release of sulfuric acid. A hydrogen fluoride spill that was 90 percent controlled would endanger human life outside of the spill site, while no similar threat would exist from a spill of sulfuric acid. Tests have shown that a worst case spill of liquid hydrogen fluoride or hydrofluoric acid could produce a cloud that could be lethal for five miles downwind. Under normal spill conditions, sulfuric acid does not vaporize to form a dangerous cloud. -(e) Unforeseeable and unpreventable accidental releases of hydrogen fluoride could occur in several instances, including earthquake, mechanical or structural defects in equipment, human error, sabotage, and, in locations with considerable air traffic, aircraft disasters. -(f) The storage, transport, and use of hydrogen fluoride introduces the potential for serious public health risks. Chemical alternatives are available and should be used as an alternative to hydrogen fluoride to reduce the possibility of public endangerment. -25240.2. -(a) A business that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride, including hydrofluoric acid, shall, if possible, convert to a known, significantly less hazardous substitute by January 1, 2017. -(b) If it is not possible for a business to convert to a known, significantly less hazardous substitute, as specified in subdivision (a), and the business is located within two miles of a residential dwelling, the business shall cease handling, maintaining, or storing hydrogen fluoride and hydrofluoric acid by January 1, 2017. -SEC. 3. -Section 39668.5 is added to the Health and Safety Code, to read: -39668.5. -(a) An owner or operator of an oil refinery that uses hydrogen fluoride, hydrofluoric acid, or modified hydrofluoric acid in its operations shall send out biannual notices to each business, school, child care facility, library, church, community facility, senior facility, and residence within a three-and-a-half-mile radius of the refinery. -(1) (A) Notice recipients located within a two-mile radius from the refinery shall be warned they may live in a lethal zone. -(B) “Lethal zone” means the area identified in a worst case scenario to expose individuals to ERPG-3 level toxins. -(C) “ERPG-3” is the maximum airborne concentration below which nearly all individuals could be exposed for up to one hour without experiencing or developing life-threatening health effects. -(2) (A) Notice recipients located outside a two-mile radius but within a three-and-a-half-mile radius from the refinery shall be warned they may live in a long-term illness zone. -(B) “Long-term illness zone” means the area identified in a worst case scenario to expose individuals to ERPG-2 level toxins. -(C) “ERPG-2” is the maximum airborne concentration below which nearly all individuals could be exposed for up to one hour without experiencing or developing irreversible or other serious health effects or symptoms which could impair an individual’s ability to take protective action. -(3) Notice recipients located within a three-and-a-half-mile radius from the refinery shall be provided the Internet Web site address of the United States Environmental Protection Agency’s Vulnerable Zone Indicator System. -(b) Costs for the notice shall be paid by the owner or operator of the refinery. -(c) The owner or operator shall file a copy of the notice and distribution list with the state board. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 5. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to address the high risk to the public of exposure to hydrogen fluoride, including hydrofluoric acid, it is necessary this bill take effect immediately.","(1) Existing law requires the State Air Resources Board to adopt airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources. Existing law prescribes civil penalties for violations of specified air pollution control laws, rules, regulations, permits, or orders of the State Air Resources Board or of an air pollution control district or air quality management district. -This bill would require an owner or operator of an oil refinery that uses hydrogen fluoride, hydrofluoric acid, or modified hydrofluoric acid in its operations to send out biannual notices to each business, school, child care facility, library, church, community facility, senior facility, and residence within a 3.5-mile radius of the refinery, as specified. The bill would require the cost of the notice to be paid by the owner or operator of the refinery. The bill would require the owner or operator to file a copy of the notice and distribution list with the State Air Resources Board. An owner or operator who violates these provisions would be subject to those civil penalties. -(2) Existing law generally regulates the management of hazardous waste. A violation of the hazardous waste control laws is a crime. -This bill would require a business that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride or hydrofluoric acid to, if possible, convert to a known, significantly less hazardous substitute by January 1, 2017. If that conversion is not possible and the business is located within 2 miles of a residential dwelling, the bill would require the business to cease handling, maintaining, or storing hydrogen fluoride and hydrofluoric acid by January 1, 2017. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -(4) This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Section 39668.5 to, and to add Article 11.3 (commencing with Section 25240) to Chapter 6.5 of Division 20 of, the Health and Safety Code, relating to hydrogen fluoride, and declaring the urgency thereof, to take effect immediately." -914,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 127660 of the Health and Safety Code is amended to read: -127660. -(a) The Legislature hereby requests the University of California to establish the California Health Benefit Review Program to assess legislation proposing to mandate a benefit or service, as defined in subdivision (d), and legislation proposing to repeal a mandated benefit or service, as defined in subdivision (e), and to prepare a written analysis with relevant data on the following: -(1) Public health impacts, including, but not limited to, all of the following: -(A) The impact on the health of the community, including the reduction of communicable disease and the benefits of prevention such as those provided by childhood immunizations and prenatal care. -(B) The impact on the health of the community, including diseases and conditions where disparities in outcomes associated with the social determinants of health as well as gender, race, sexual orientation, or gender identity are established in peer-reviewed scientific and medical literature. -(C) The extent to which the benefit or service reduces premature death and the economic loss associated with disease. -(2) Medical impacts, including, but not limited to, all of the following: -(A) The extent to which the benefit or service is generally recognized by the medical community as being effective in the screening, diagnosis, or treatment of a condition or disease, as demonstrated by a review of scientific and peer-reviewed medical literature. -(B) The extent to which the benefit or service is generally available and utilized by treating physicians. -(C) The contribution of the benefit or service to the health status of the population, including the results of any research demonstrating the efficacy of the benefit or service compared to alternatives, including not providing the benefit or service. -(D) The extent to which mandating or repealing the benefits or services would not diminish or eliminate access to currently available health care benefits or services. -(3) Financial impacts, including, but not limited to, all of the following: -(A) The extent to which the coverage or repeal of coverage will increase or decrease the benefit or cost of the benefit or service. -(B) The extent to which the coverage or repeal of coverage will increase the utilization of the benefit or service, or will be a substitute for, or affect the cost of, alternative benefits or services. -(C) The extent to which the coverage or repeal of coverage will increase or decrease the administrative expenses of health care service plans and health insurers and the premium and expenses of subscribers, enrollees, and policyholders. -(D) The impact of this coverage or repeal of coverage on the total cost of health care. -(E) -Commencing July 1, 2017, the -The -impact of this coverage or repeal of coverage on anticipated costs or savings estimated upon implementation for the following periods: -(i) The two subsequent state fiscal years. -(ii) If applicable, the five subsequent state fiscal years through a longer-range estimate. -(F) The potential cost or savings to the private sector, including the impact on small employers as defined in paragraph (1) of subdivision (l) of Section 1357, the Public Employees’ Retirement System, other retirement systems funded by the state or by a local government, individuals purchasing individual health insurance, and publicly funded state health insurance programs, including the Medi-Cal program and the Healthy Families Program. -(G) The extent to which costs resulting from lack of coverage or repeal of coverage are or would be shifted to other payers, including both public and private entities. -(H) The extent to which mandating or repealing the proposed benefit or service would not diminish or eliminate access to currently available health care benefits or services. -(I) The extent to which the benefit or service is generally utilized by a significant portion of the population. -(J) The extent to which health care coverage for the benefit or service is already generally available. -(K) The level of public demand for health care coverage for the benefit or service, including the level of interest of collective bargaining agents in negotiating privately for inclusion of this coverage in group contracts, and the extent to which the mandated benefit or service is covered by self-funded employer groups. -(L) In assessing and preparing a written analysis of the financial impact of legislation proposing to mandate a benefit or service and legislation proposing to repeal a mandated benefit or service pursuant to this paragraph, the Legislature requests the University of California to use a certified actuary or other person with relevant knowledge and expertise to determine the financial impact. -(4) The impact on essential health benefits, as defined in Section 1367.005 of this code and Section 10112.27 of the Insurance Code, and the impact on the California Health Benefit Exchange. -(b) The Legislature further requests that the California Health Benefit Review Program assess legislation that impacts health insurance benefit design, cost sharing, premiums, and other health insurance topics. -(c) The Legislature requests that the University of California provide every analysis to the appropriate policy and fiscal committees of the Legislature not later than 60 days, or in a manner and pursuant to a timeline agreed to by the Legislature and the California Health Benefit Review Program, after receiving a request made pursuant to Section 127661. In addition, the Legislature requests that the university post every analysis on the Internet and make every analysis available to the public upon request. -(d) As used in this section, “legislation proposing to mandate a benefit or service” means a proposed statute that requires a health care service plan or a health insurer, or both, to do any of the following: -(1) Permit a person insured or covered under the policy or contract to obtain health care treatment or services from a particular type of health care provider. -(2) Offer or provide coverage for the screening, diagnosis, or treatment of a particular disease or condition. -(3) Offer or provide coverage of a particular type of health care treatment or service, or of medical equipment, medical supplies, or drugs used in connection with a health care treatment or service. -(e) As used in this section, “legislation proposing to repeal a mandated benefit or service” means a proposed statute that, if enacted, would become operative on or after January 1, 2008, and would repeal an existing requirement that a health care service plan or a health insurer, or both, do any of the following: -(1) Permit a person insured or covered under the policy or contract to obtain health care treatment or services from a particular type of health care provider. -(2) Offer or provide coverage for the screening, diagnosis, or treatment of a particular disease or condition. -(3) Offer or provide coverage of a particular type of health care treatment or service, or of medical equipment, medical supplies, or drugs used in connection with a health care treatment or service. -SEC. 2. -This act shall become operative on July 1, 2017, and shall become operative only if the dates on which Chapter 7 (commencing with Section 127660) of Part 2 of Division 107 of the Health and Safety Code becomes inoperative and is repealed are deleted or extended.","Existing law, until July 1, 2017, requests the University of California to establish the California Health Benefit Review Program to assess, among other things, legislation that proposes to mandate or repeal a mandated benefit or service, as defined. Existing law requests the University of California to prepare a written analysis with relevant data on public health, medical, financial, and other impacts of that legislation, as specified. -Existing law requests the University of California to provide the analysis to the appropriate policy and fiscal committees of the Legislature, as specified, and to submit a report to the Governor and the Legislature regarding the implementation of these provisions by January 1, 2017. Existing law establishes the Health Care Benefits Fund in the State Treasury to effectively support the University of California and its work in implementing these provisions. -The California Health Benefit Review Program has been reauthorized since its predecessor was established in 2002. -This bill would additionally request the University of -California, commencing July 1, 2017, -California -to include in its analysis, as part of the financial impacts of the above legislation, relevant data on the impact of coverage or repeal of coverage of the benefit or service on anticipated costs or savings estimated upon implementation for the 2 subsequent state fiscal years and, if applicable, for the 5 subsequent state fiscal years, as specified. -This bill would make its provisions operative on July 1, 2017, and only if the California Health Benefit Review Program is reauthorized, as specified.","An act to amend Section 127660 of the Health and Safety Code, relating to health care coverage." -915,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 222.5 of the Code of Civil Procedure is amended to read: -222.5. -(a) To select a fair and impartial jury in civil jury trials, the court shall examine the prospective jurors. Upon completion of the court’s initial examination, counsel for each party shall have the right to examine, by oral and direct questioning, any of the prospective jurors so that counsel may intelligently exercise both peremptory challenges and challenges for cause. During any examination conducted by counsel for the parties, the court should permit liberal and probing examination calculated to discover bias or prejudice with regard to the circumstances of the particular case. The fact that a topic has been included in the court’s examination should not preclude additional nonrepetitive or nonduplicative questioning in the same area by counsel. -(b) To help facilitate the jury selection process, the court in civil trials should provide to counsel for each party the complete names of the prospective jurors, both alphabetically and in the order in which they will be called. -(c) The court should allow a brief opening statement by counsel for each party before the commencement of the oral questioning phase of the voir dire process. -(d) The scope of the examination conducted by counsel shall be within reasonable limits prescribed by the court in the court’s sound discretion. In exercising its sound discretion as to the form and subject matter of voir dire questions, the court should consider, among other criteria, any unique or complex elements, legal or factual, in the case and the individual responses or conduct of jurors that may evince attitudes inconsistent with suitability to serve as a fair and impartial juror in the particular case. Specific unreasonable or arbitrary time limits shall not be imposed in any case. The court shall not establish a blanket policy of a time limit for voir dire. -(e) The court should permit counsel to conduct voir dire examination without requiring prior submission of the questions unless a particular counsel engages in improper questioning. For purposes of this section, an “improper question” is any question that, as its dominant purpose, attempts to precondition the prospective jurors to a particular result, indoctrinate the jury, or question the prospective jurors concerning the pleadings or the applicable law. A court shall not arbitrarily or unreasonably refuse to submit reasonable written questionnaires, the contents of which are determined by the court in its sound discretion, when requested by counsel. If a questionnaire is used, the parties should be given reasonable time to evaluate the responses to the questionnaires before oral questioning commences. -(f) In civil cases, the court may, upon stipulation by counsel for all the parties appearing in the action, permit counsel to examine the prospective jurors outside the court’s presence. -SEC. 2. -Section 223 of the Code of Civil Procedure is amended to read: -223. -(a) In a criminal case, the court shall conduct an initial examination of prospective jurors. The court may submit to the prospective jurors additional questions requested by the parties as it deems proper. -(b) The court shall provide to counsel for each party the complete names of the prospective jurors, both alphabetically and in the order in which they will be called. However, the court, in each criminal trial, shall determine a uniform manner by which each prospective juror shall be addressed by the court and counsel for each party, according to one of the following: -(1) An identification number assigned by the court. -(2) The prospective juror’s first name and the first initial of his or her last name. -(3) The prospective juror’s title and last name. -(c) Before examining prospective jurors, the court shall advise them that, in accordance with state law, the court and counsel for each party are prohibited, in all criminal cases, from addressing prospective jurors by their full names during jury selection, and are required to address each prospective juror by an identification number, by his or her first name and the first initial of his or her last name, or by his or her title and last name. -(d) Upon completion of the court’s initial examination, counsel for each party shall have the right to examine, by oral and direct questioning, any or all of the prospective jurors. The court may, in the exercise of its discretion, limit the oral and direct questioning of prospective jurors by counsel. The court may specify the maximum amount of time that counsel for each party may question an individual juror, or may specify an aggregate amount of time for each party, which can then be allocated among the prospective jurors by counsel. -(e) Voir dire of prospective jurors shall, where practicable, occur in the presence of the other jurors in all criminal cases, including death penalty cases. Examination of prospective jurors shall be conducted only in aid of the exercise of challenges for cause. -(f) The court’s exercise of its discretion in the manner in which voir dire is conducted, including any limitation on the time which will be allowed for direct questioning of prospective jurors by counsel and any determination that a question is not in aid of the exercise of challenges for cause, shall not cause any conviction to be reversed unless the exercise of that discretion has resulted in a miscarriage of justice, as specified in Section 13 of Article VI of the California Constitution. -(g) This section does not limit public access to juror information, as provided for under Section 237. -(h) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SEC. 3. -Section 223 is added to the Code of Civil Procedure, to read: -223. -(a) In a criminal case, the court shall conduct an initial examination of prospective jurors. The court may submit to the prospective jurors additional questions requested by the parties as it deems proper. Upon completion of the court’s initial examination, counsel for each party shall have the right to examine, by oral and direct questioning, any or all of the prospective jurors. The court may, in the exercise of its discretion, limit the oral and direct questioning of prospective jurors by counsel. The court may specify the maximum amount of time that counsel for each party may question an individual juror, or may specify an aggregate amount of time for each party, which can then be allocated among the prospective jurors by counsel. Voir dire of any prospective jurors shall, where practicable, occur in the presence of the other jurors in all criminal cases, including death penalty cases. Examination of prospective jurors shall be conducted only in aid of the exercise of challenges for cause. -(b) The trial court’s exercise of its discretion in the manner in which voir dire is conducted, including any limitation on the time which will be allowed for direct questioning of prospective jurors by counsel and any determination that a question is not in aid of the exercise of challenges for cause, shall not cause any conviction to be reversed unless the exercise of that discretion has resulted in a miscarriage of justice, as specified in Section 13 of Article VI of the California Constitution. -(c) This section is operative on and after January 1, 2022.","(1) In civil trials, existing law requires a trial judge to examine prospective jurors, and, upon completion of the judge’s examination, grants counsel for each party the right to examine, by oral and direct questioning, any prospective juror in order to enable counsel to intelligently exercise peremptory challenges and challenges for cause. Existing law provides that the judge in civil trials should provide the parties with both the alphabetical list and the list of prospective jurors in the order in which they will be called. -This bill would make nonsubstantive changes to these provisions. -(2) Under existing law, which was enacted by initiative measure, in a criminal case, the court is required to conduct the examination of prospective jurors, except that the court may permit the parties, upon a showing of good cause, to conduct a further inquiry. The initiative measure provides that it may be amended by a measure enacted by a -2/3 -vote of each house. -This bill would, until January 1, 2022, in criminal trials, require the court to provide the complete names of prospective jurors to counsel for each party, as specified. The bill would also require the court and counsel for each party to address a prospective juror using a number assigned by the court, by the prospective juror’s first name and first initial of his or her last name, or by his or her title and last name, as determined by the court in each criminal trial. The bill would also make nonsubstantive changes to these provisions.","An act to amend Section 222.5 of, and to amend, repeal, and add Section 223 of, the Code of Civil Procedure, relating to jurors." -916,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 18930 of the Welfare and Institutions Code is amended to read: -18930. -(a) The State Department of Social Services shall establish a Food Assistance Program to provide assistance for those persons described in subdivision (b). The department shall enter into an agreement with the United States Department of Agriculture to use the existing federal Supplemental Nutrition Assistance Program coupons, to the extent allowed by federal law, for the purposes of administering this program. Persons who are members of a household receiving CalFresh benefits under this chapter or under Chapter 10 (commencing with Section 18900), and are receiving CalWORKs benefits under Chapter 2 (commencing with Section 11200) of Part 3 on September 1, 1998, shall have eligibility determined under this chapter without need for a new application no later than November 1, 1998, and the beginning date of assistance under this chapter for those persons shall be September 1, 1998. -(b) (1) Except as provided in paragraphs (2), (3), and (4) and Section 18930.5, a noncitizen of the United States is eligible for the program established pursuant to subdivision (a) if the person’s immigration status meets the eligibility criteria of the federal Supplemental Nutrition Assistance Program in effect on August 21, 1996, but he or she is not eligible for federal Supplemental Nutrition Assistance Program benefits solely due to his or her immigration status under Public Law 104-193 and any subsequent amendments thereto. -(2) A noncitizen of the United States is eligible for the program established pursuant to subdivision (a) if the person is a battered immigrant spouse or child or the parent or child of the battered immigrant, as described in Section 1641(c) of Title 8 of the United States Code, as amended by Section 5571 of Public Law 105-33, if the person is a Cuban or Haitian entrant as described in Section 501(e) of the federal Refugee Education Assistance Act of 1980 (Public Law 96-422), or if the person is otherwise lawfully present in the United States. -(3) An applicant who is otherwise eligible for the program but who entered the United States on or after August 22, 1996, shall be eligible for aid under this chapter only if he or she is sponsored and one of the following apply: -(A) The sponsor has died. -(B) The sponsor is disabled as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3. -(C) The applicant, after entry into the United States, is a victim of abuse by the sponsor or the spouse of the sponsor if the spouse is living with the sponsor. -(4) An applicant who is otherwise eligible for the program but who entered the United States on or after August 22, 1996, who does not meet one of the conditions of paragraph (3), is eligible for aid under this chapter beginning on October 1, 1999. -(5) The applicant shall be required to provide verification that one of the conditions of subparagraph (A), (B), or (C) of paragraph (3) has been met. -(6) For purposes of subparagraph (C) of paragraph (3), abuse shall be defined in the same manner as provided in Section 11495.1 and Section 11495.12. A sworn statement of abuse by a victim, or the representative of the victim if the victim is not able to competently swear, shall be sufficient to establish abuse if one or more additional items of evidence of abuse is also provided. Additional evidence may include, but is not limited to, the following: -(A) Police, government agency, or court records or files. -(B) Documentation from a domestic violence program, legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with abuse. -(C) A statement from any other individual with knowledge of the circumstances that provided the basis for the claim. -(D) Physical evidence of abuse. -(7) If the victim cannot provide additional evidence of abuse, then the sworn statement shall be sufficient if the county makes a determination documented in writing in the case file that the applicant is credible. -(c) In counties approved for alternate benefit issuance systems, that same alternate benefit issuance system shall be approved for the program established by this chapter. -(d) (1) To the extent allowed by federal law, the income, resources, and deductible expenses of those persons described in subdivision (b) shall be excluded when calculating CalFresh benefits under Chapter 10 (commencing with Section 18900). -(2) A household shall not receive more CalFresh benefits under this section than it would if no household member was rendered ineligible pursuant to Title IV of Public Law 104-193 and any subsequent amendments thereto. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires the State Department of Social Services to establish the Food Assistance Program for certain immigrants residing in this state, including, among others, a battered immigrant spouse or a Cuban or Haitian entrant, as described in specified provisions of federal law. -This bill would provide that a noncitizen is eligible for aid under the Food Assistance Program if he or she is lawfully present in the United States. To the extent this bill would expand eligibility for the Food Assistance Program, which is administered by the counties, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 18930 of the Welfare and Institutions Code, relating to public social services." -917,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 7.5 (commencing with Section 48317) is added to Chapter 2 of Part 27 of Division 4 of Title 2 of the Education Code, to read: -Article 7.5. School District of Choice Continued Enrollment -48317. -Notwithstanding any other law, a pupil attending a school in a school district of choice on or before July 1, 2017, pursuant to Article 7 (commencing with Section 48300), as that article read on December 31, 2016, may continue to attend that school if the school district of choice authorizes the pupil to do so. -48318. -This article shall become operative on July 1, 2017. -SECTION 1. -Section 653.23 of the -Penal Code -is amended to read: -653.23. -(a)It is unlawful for any person to do either of the following: -(1)Direct, supervise, recruit, or otherwise aid another person in the commission of a violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22. -(2)Collect or receive all or part of the proceeds earned from an act or acts of prostitution committed by another person in violation of subdivision (b) of Section 647. -(b)Among the circumstances that may be considered in determining whether a person is in violation of subdivision (a) are that the person does the following: -(1)Repeatedly speaks or communicates with another person who is acting in violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22. -(2)Repeatedly or continuously monitors or watches another person who is acting in violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22. -(3)Repeatedly engages or attempts to engage in conversation with pedestrians or motorists to solicit, arrange, or facilitate an act of prostitution between the pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22. -(4)Repeatedly stops or attempts to stop pedestrians or motorists to solicit, arrange, or facilitate an act of prostitution between pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22. -(5)Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorists to solicit, arrange, or facilitate an act of prostitution between the pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22. -(6)Receives or appears to receive money from another person who is acting in violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22. -(7)Engages in any of the behavior described in paragraphs (1) to (6), inclusive, in regard to, or on behalf of, two or more persons who are in violation of subdivision (a) of Section 653.22. -(8)Has been convicted of violating this section, subdivision (a) or (b) of Section 647, subdivision (a) of Section 653.22, Section 236.1, 266h, or 266i, or any other offense relating to or involving prostitution within five years of the arrest under this section. -(9)Has engaged, within six months prior to the arrest under subdivision (a), in any behavior described in this subdivision, with the exception of paragraph (8), or in any other behavior indicative of prostitution activity. -(c)The list of circumstances set forth in subdivision (b) is not exclusive. The circumstances set forth in subdivision (b) should be considered particularly salient if they occur in an area that is known for prostitution activity. Any other relevant circumstances may be considered. Moreover, no one circumstance or combination of circumstances is in itself determinative. A violation of subdivision (a) shall be determined based on an evaluation of the particular circumstances of each case. -(d)This section does not preclude the prosecution of a suspect for a violation of Section 236.1, 266h, or 266i, or for any other offense, or for a violation of this section in conjunction with a violation of Section 236.1, 266h, or 266i, or any other offense. -SEC. 2. -Section 602 of the -Welfare and Institutions Code -is amended to read: -602. -(a)Except as provided in subdivision (b), a person who is under 18 years of age when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court and may be adjudged a ward of the court. -(b)Any person who is alleged, when he or she was 14 years of age or older, to have committed one of the following offenses shall be prosecuted under the general law in a court of criminal jurisdiction: -(1)Murder, as described in Section 187 of the Penal Code, if one of the circumstances enumerated in subdivision (a) of Section 190.2 of the Penal Code is alleged by the prosecutor, and the prosecutor alleges that the minor personally killed the victim. -(2)The following sex offenses, if the prosecutor alleges that the minor personally committed the offense, and if the prosecutor alleges one of the circumstances enumerated in the One Strike law, subdivision (d) or (e) of Section 667.61 of the Penal Code, applies: -(A)Rape, as described in paragraph (2) of subdivision (a) of Section 261 of the Penal Code. -(B)Spousal rape, as described in paragraph (1) of subdivision (a) of Section 262 of the Penal Code. -(C)Forcible sex offenses in concert with another, as described in Section 264.1 of the Penal Code. -(D)Forcible lewd and lascivious acts on a child under 14 years of age, as described in subdivision (b) of Section 288 of the Penal Code. -(E)Forcible sexual penetration, as described in subdivision (a) of Section 289 of the Penal Code. -(F)Sodomy or oral copulation in violation of Section 286 or 288a of the Penal Code, by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. -(G)Lewd and lascivious acts on a child under 14 years of age, as defined in subdivision (a) of Section 288, unless the defendant qualifies for probation under subdivision (d) of Section 1203.066 of the Penal Code. -(c)(1)Notwithstanding subdivision (a), the juvenile court may dismiss a petition upon a finding that the juvenile who is alleged to have violated Section 653.23 or subdivision (b) of Section 647 of the Penal Code did so due to coercion or duress. -(2)For purposes of this subdivision, the following definitions apply: -(A)“Coercion” means a scheme, plan, or pattern intended to cause a person to believe that failure to perform the act would result in serious harm to, or physical restraint against, a person; the abuse or threatened abuse of legal process; debt bondage; or providing and facilitating the possession of a controlled substance to a person with the intent to impair the person’s judgment. -(B)“Duress” means a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act that he or she would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess an actual or purported passport or immigration document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing an actual or purported passport or immigration document of the victim. -(C)“Serious harm” means any harm, whether physical or nonphysical, including, but not limited to, psychological, financial, or reputational harm, that is sufficiently serious, under all surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue to perform labor, services, or commercial sexual acts in order to avoid incurring that harm.","Existing law, until July 1, 2017, authorizes the governing board of a school district to accept pupils from other school districts by adopting a resolution to become a school district of choice, as defined. -This bill, commencing with July 1, 2017, would authorize a pupil attending a school in a school district of choice on or before July 1, 2017, to continue to attend that school if the school district of choice authorizes the pupil to do so. -(1)Existing law makes a person who directs, supervises, recruits, or otherwise aids another person in the commission of an act of prostitution, or who collects or receives all or part of the proceeds earned from an act of prostitution committed by another person, guilty of a misdemeanor that is punishable by imprisonment in a county jail for no more than 6 months, by a fine not exceeding $1,000, or by both that imprisonment and fine. Existing law specifies circumstances that may be used to determine if a person has committed the offense, including repeatedly speaking or communicating with another person, or repeatedly or continuously monitoring or watching another person, who is loitering in a public place with the intent to commit prostitution. -This bill would establish additional circumstances that may be used to determine if a person has committed that offense, including, but not limited to, repeatedly speaking or communicating with, or repeatedly or continuously monitoring or watching, another person who solicits or agrees to engage in any act of prostitution. -(2)Under existing law, a person who is under 18 years of age when he or she violates the law may be adjudged a ward of the court. -This bill would authorize a court to dismiss the petition against the juvenile upon a finding that he or she committed certain acts of prostitution due to coercion or duress, as defined.","An act to -amend Section 653.23 of the Penal Code, and to amend Section 602 of the Welfare and Institutions Code, relating to prostitution. -add Article 7.5 (commencing with Section 48317) to Chapter 2 of Part 27 of Division 4 of Title 2 of the Education Code, relating to school attendance." -918,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2830 of the Public Utilities Code is amended to read: -2830. -(a) As used in this section, the following terms have the following meanings: -(1) “Benefiting account” means an electricity account, or more than one account, that satisfies either of the following: -(A) The account or accounts are located within the geographical boundaries of a local government or, for a campus, within the geographical boundary of the city, county, or city and county in which the campus is located, with the account or accounts being mutually agreed upon by the local government or campus and an electrical corporation. -(B) The account or accounts belong to members of a joint powers authority and are located within the geographical boundaries of the group of public agencies that formed the joint powers authority, if the eligible renewable generating facility and electricity account or accounts are wholly located within the confines of a single county within which the joint powers authority is located and electric service is provided by a single electrical corporation, with the account or accounts being mutually agreed upon by the joint powers authority and the electrical corporation. -(2) “Bill credit” means an amount of money credited to a benefiting account that is calculated based upon the time-of-use electricity generation component of the electricity usage charge of the generating account, multiplied by the quantities of electricity generated by an eligible renewable generating facility that are exported to the grid during the corresponding time period. Electricity is exported to the grid if it is generated by an eligible renewable generating facility, is not utilized onsite by the local government, and the electricity flows through the meter site and on to the electrical corporation’s distribution or transmission infrastructure. -(3) “Campus” means an individual community college campus, individual California State University campus, or individual University of California campus. -(4) “Eligible renewable generating facility” means a generation facility that meets all of the following requirements: -(A) Has a generating capacity of no more than five megawatts. -(B) Is an eligible renewable energy resource, as defined in Article 16 (commencing with Section 399.11) of Part 1. -(C) Is located within the geographical boundary of the local government or, for a campus, within the geographical boundary of the city or city and county, if the campus is located in an incorporated area, or county, if the campus is located in an unincorporated area. -(D) Is owned by, operated by, or on property under the control of the local government or campus. -(E) Is sized to offset all or part of the electrical load of the benefiting account. For these purposes, premises that are leased by a local government or campus are under the control of the local government or campus. -(5) “Generating account” means the time-of-use electric service account of the local government or campus where the eligible renewable generating facility is located. -(6) “Local government” means a city, county, whether general law or chartered, city and county, special district, school district, political subdivision, other local public agency, or a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) that has as members public agencies located within the same county and same electrical corporation service territory, but shall not mean the state, any agency or department of the state, other than an individual campus of the University of California or the California State University, or any joint powers authority that has as members public agencies located in different counties or different electrical corporation service territories, or that has as a member the federal government, any federal department or agency, this or another state, or any department or agency of this state or another state. -(b) Subject to the limitation in subdivision (h), a local government may elect to receive electric service pursuant to this section if all of the following conditions are met: -(1) The local government designates one or more benefiting accounts to receive a bill credit. -(2) A benefiting account receives service under a time-of-use rate schedule. -(3) The benefiting account is the responsibility of, and serves property that is owned, operated, or on property under the control of the same local government that owns, operates, or controls the eligible renewable generating facility. -(4) The electrical output of the eligible renewable generating facility is metered for time of use to allow calculation of the bill credit based upon when the electricity is exported to the grid. -(5) All costs associated with the metering requirements of paragraphs (2) and (4) are the responsibility of the local government. -(6) All costs associated with interconnection are the responsibility of the local government. For purposes of this paragraph, “interconnection” has the same meaning as defined in Section 2803, except that it applies to the interconnection of an eligible renewable generating facility rather than the energy source of a private energy producer. -(7) The local government does not sell electricity exported to the electrical grid to a third party. -(8) All electricity exported to the grid by the local government that is generated by the eligible renewable generating facility becomes the property of the electrical corporation to which the facility is interconnected, but shall not be counted toward the electrical corporation’s total retail sales for purposes of Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1. Ownership of the renewable energy credits, as defined in Section 399.12, shall be the same as the ownership of the renewable energy credits associated with electricity that is net metered pursuant to Section 2827. -(9) An electrical corporation shall not be required to compensate a local government for electricity generated from an eligible renewable facility pursuant to this section in excess of the bill credits applied to the designated benefiting account. A local government renewable generation facility participating pursuant to this section shall not be eligible for any other tariff or program that requires an electrical corporation to purchase generation from that facility while participating in the local government renewable energy self-generation program pursuant to this section. -(c) (1) A benefiting account shall be billed for all electricity usage, and for each bill component, at the rate schedule applicable to the benefiting account, including any cost-responsibility surcharge or other cost recovery mechanism, as determined by the commission, to reimburse the Department of Water Resources for purchases of electricity, pursuant to Division 27 (commencing with Section 80000) of the Water Code. -(2) The bill shall then subtract the bill credit applicable to the benefiting account. The generation component credited to the benefiting account shall not include the cost-responsibility surcharge or other cost recovery mechanism, as determined by the commission, to reimburse the Department of Water Resources for purchases of electricity, pursuant to Division 27 (commencing with Section 80000) of the Water Code. The electrical corporation shall ensure that the local government receives the full bill credit. -(3) If, during the billing cycle, the generation component of the electricity usage charges exceeds the bill credit, the benefiting account shall be billed for the difference. -(4) If, during the billing cycle, the bill credit applied pursuant to paragraph (2) exceeds the generation component of the electricity usage charges, the difference shall be carried forward as a financial credit to the next billing cycle. -(5) After the electricity usage charge pursuant to paragraph (1) and the credit pursuant to paragraph (2) are determined for the last billing cycle of a 12-month period, any remaining credit resulting from the application of this section shall be reset to zero. -(d) The commission shall ensure that the transfer of a bill credit to a benefiting account does not result in a shifting of costs to bundled service subscribers. The costs associated with the transfer of a bill credit shall include all billing-related expenses. -(e) Not more frequently than once per year, and upon providing the electrical corporation with a minimum of 60 days’ notice, the local government may elect to change a benefiting account. Any credit resulting from the application of this section earned prior to the change in a benefiting account that has not been used as of the date of the change in the benefiting account shall be applied, and may only be applied, to a benefiting account as changed. -(f) A local government shall provide the electrical corporation to which the eligible renewable generating facility will be interconnected with not less than 60 days’ notice prior to the eligible renewable generating facility becoming operational. The electrical corporation shall file an advice letter with the commission that complies with this section not later than 30 days after receipt of the notice proposing a rate tariff for a benefiting account. The commission, within 30 days of the date of filing, shall approve the proposed tariff or specify conforming changes to be made by the electrical corporation to be filed in a new advice letter. -(g) The local government may terminate its election pursuant to subdivision (b), upon providing the electrical corporation with a minimum of 60 days’ notice. Should the local government sell its interest in the eligible renewable generating facility, or sell the electricity generated by the eligible renewable generating facility, in a manner other than required by this section, upon the date of either event, and the earliest date if both events occur, no further bill credit pursuant to paragraph (3) of subdivision (b) may be earned. Only credit earned prior to that date shall be made to a benefiting account. -(h) An electrical corporation is not obligated to provide a bill credit to a benefiting account that is not designated by a local government prior to the point in time that the combined statewide cumulative rated generating capacity of all eligible renewable generating facilities within the service territories of the state’s three largest electrical corporations reaches 250 megawatts. Only those eligible renewable generating facilities that are providing bill credits to benefiting accounts pursuant to this section shall count toward reaching this 250-megawatt limitation. Each electrical corporation shall only be required to offer service or contracts under this section until that electrical corporation reaches its proportionate share of the 250-megawatt limitation based on the ratio of its peak demand to the total statewide peak demand of all electrical corporations. -(i) This chapter does not apply to an electrical corporation with 60,000 or fewer customer accounts. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, the Public Utilities Commission is vested with regulatory authority over public utilities. Existing law authorizes a local governmental entity, except a joint powers authority, to receive a bill credit to a designated benefiting account, for electricity exported to the electrical grid by an eligible renewable generating facility and requires the commission to adopt a rate tariff for the benefiting account. -This bill would include as a local governmental entity for this purpose a joint powers authority, except as specified. -Under existing law, a violation of the Public Utilities Act or an order or direction of the commission is a crime. Because the provisions of this bill would require an order or other action of the commission to implement and a violation of that order or action would be a crime, the bill would impose a state-mandated local program by creating a new crime. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 2830 of the Public Utilities Code, relating to renewable energy." -919,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 18601 of the Revenue and Taxation Code is amended to read: -18601. -(a) Except as provided in subdivision (b), (c), or (d), every taxpayer subject to the tax imposed by Part 11 (commencing with Section 23001) shall, on or before the 15th day of the fourth month following the close of its taxable year, transmit to the Franchise Tax Board a return in a form prescribed by it, specifying for the taxable year, all the facts as it may by rule, or otherwise, require in order to carry out this part. A tax return, disclosing net income for any taxable year, filed pursuant to Chapter 2 (commencing with Section 23101) or Chapter 3 (commencing with Section 23501) of Part 11 shall be deemed filed pursuant to the proper chapter of Part 11 for the same taxable period, if the chapter under which the return is filed is determined erroneous. -(b) In the case of cooperative associations described in Section 24404, returns shall be filed on or before the 15th day of the ninth month following the close of its taxable year. -(c) In the case of taxpayers required to file a return for a short period under Section 24634, the due date for the short period return shall be the same as the due date of the federal tax return that includes the net income of the taxpayer for that short period, or the due date specified in subdivision (a) if no federal return is required to be filed that would include the net income for that short period. -(d) (1) In the case of an “S corporation” described in Section 1361 of the Internal Revenue Code, relating to S corporation defined, returns shall be filed on or before the 15th day of the third month following the close of its taxable year. -(2) For taxable years beginning on or after January 1, 1997, each “S corporation” required to file a return under subdivision (a) for any taxable year shall, on or before the day on which the return for the taxable year was filed, furnish each person who is a shareholder at any time during the taxable year a copy of the information shown on the return. -(e) For taxable years beginning on or after January 1, 1997: -(1) A shareholder of an “S corporation” shall, on the shareholder’s return, treat a Subchapter S item in a manner that is consistent with the treatment of the item on the corporate return. -(2) (A) In the case of any Subchapter S item, paragraph (1) shall not apply to that item if both of the following occur: -(i) Either of the following occurs: -(I) The corporation has filed a return, but the shareholder’s treatment of the item on the shareholder’s return is, or may be, inconsistent with the treatment of the item on the corporate return. -(II) The corporation has not filed a return. -(ii) The shareholder files with the Franchise Tax Board a statement identifying the inconsistency. -(B) A shareholder shall be treated as having complied with clause (ii) of subparagraph (A) with respect to a Subchapter S item if the shareholder does both of the following: -(i) Demonstrates to the satisfaction of the Franchise Tax Board that the treatment of the Subchapter S item on the shareholder’s return is consistent with the treatment of the item on the schedule furnished to the shareholder by the corporation. -(ii) Elects to have this paragraph apply with respect to that item. -(3) In any case described in subclause (I) of clause (i) of subparagraph (A) of paragraph (2), and in which the shareholder does not comply with clause (ii) of subparagraph (A) of paragraph (2), any adjustment required to make the treatment of the items by the shareholder consistent with the treatment of the items on the corporate return shall be treated as arising out of a mathematical error and assessed and collected under Section 19051. -(4) For purposes of this subdivision, “Subchapter S item” means any item of an “S corporation” to the extent provided by regulations that, for purposes of Part 10 (commencing with Section 17001) or this part, the item is more appropriately determined at the corporation level than at the shareholder level. -(5) The penalties imposed under Article 7 (commencing with Section 19131) of Chapter 4 shall apply in the case of a shareholder’s negligence in connection with, or disregard of, the requirements of this section. -(f) The amendments made to this section by the act adding this subdivision shall apply to returns for taxable years beginning on or after January 1, 2016. -SEC. 2. -Section 18633 of the Revenue and Taxation Code is amended to read: -18633. -(a) (1) Every partnership, on or before the 15th day of the third month following the close of its taxable year, shall make a return for that taxable year, stating specifically the items of gross income and the deductions allowed by Part 10 (commencing with Section 17001). Except as otherwise provided in Section 18621.5, the return shall include the names, addresses, and taxpayer identification numbers of the persons, whether residents or nonresidents, who would be entitled to share in the net income if distributed and the amount of the distributive share of each person. The return shall contain or be verified by a written declaration that it is made under penalty of perjury, signed by one of the partners. -(2) In addition to returns required by paragraph (1), every limited partnership subject to the tax imposed by subdivision (b) of Section 17935, on or before the 15th day of the third month following the close of its taxable year, shall make a return for that taxable year, containing the information identified in paragraph (1). In the case of a limited partnership not doing business in this state, the Franchise Tax Board shall prescribe the manner and extent to which the information identified in paragraph (1) shall be included with the return required by this paragraph. -(b) Each partnership required to file a return under subdivision (a) for any taxable year shall (on or before the day on which the return for that taxable year was required to be filed) furnish to each person who is a partner or who holds an interest in that partnership as a nominee for another person at any time during that taxable year a copy of the information required to be shown on that return as may be required by regulations. -(c) Any person who holds an interest in a partnership as a nominee for another person shall do both of the following: -(1) Furnish to the partnership, in the manner prescribed by the Franchise Tax Board, the name, address, and taxpayer identification number of that other person, and any other information for that taxable year as the Franchise Tax Board may by form and regulation prescribe. -(2) Furnish to that other person, in the manner prescribed by the Franchise Tax Board, the information provided by that partnership under subdivision (b). -(d) The provisions of Section 6031(d) of the Internal Revenue Code, relating to the separate statement of items of unrelated business taxable income, shall apply. -(e) The provisions of Section 6031(f) of the Internal Revenue Code, relating to electing investment partnerships, shall apply, except as otherwise provided. -(f) The amendments made to this section by the act adding this subdivision shall apply to returns for taxable years beginning on or after January 1, 2016. -SEC. 3. -Section 18633.5 of the Revenue and Taxation Code is amended to read: -18633.5. -(a) Every limited liability company that is classified as a partnership for California tax purposes that is doing business in this state, organized in this state, or registered with the Secretary of State shall file its return on or before the 15th day of the third month following the close of its taxable year, stating specifically the items of gross income and the deductions allowed by Part 10 (commencing with Section 17001). The return shall include the names, addresses, and taxpayer identification numbers of the persons, whether residents or nonresidents, who would be entitled to share in the net income if distributed and the amount of the distributive share of each person. The return shall contain or be verified by a written declaration that it is made under penalty of perjury, signed by one of the limited liability company members. In the case of a limited liability company not doing business in this state, and subject to the tax imposed by subdivision (b) of Section 17941, the Franchise Tax Board shall, for returns required to be filed on or after January 1, 1998, prescribe the manner and extent to which the information identified in this subdivision shall be included with the return required by this subdivision. -(b) Each limited liability company required to file a return under subdivision (a) for any limited liability company taxable year shall, on or before the day on which the return for that taxable year was required to be filed, furnish to each person who holds an interest in that limited liability company at any time during that taxable year a copy of that information required to be shown on that return as may be required by forms and instructions prescribed by the Franchise Tax Board. -(c) Any person who holds an interest in a limited liability company as a nominee for another person shall do both of the following: -(1) Furnish to the limited liability company, in the manner prescribed by the Franchise Tax Board, the name, address, and taxpayer identification number of that person, and any other information for that taxable year as the Franchise Tax Board may prescribe by forms and instructions. -(2) Furnish to that other person, in the manner prescribed by the Franchise Tax Board, the information provided by that limited liability company under subdivision (b). -(d) The provisions of Section 6031(d) of the Internal Revenue Code, relating to the separate statement of items of unrelated business taxable income, shall apply. -(e) (1) A limited liability company shall file with its return required under subdivision (a), in the form required by the Franchise Tax Board, the agreement of each nonresident member to file a return pursuant to Section 18501, to make timely payment of all taxes imposed on the member by this state with respect to the income of the limited liability company, and to be subject to personal jurisdiction in this state for purposes of the collection of income taxes, together with related interest and penalties, imposed on the member by this state with respect to the income of the limited liability company. If the limited liability company fails to timely file the agreements on behalf of each of its nonresident members, then the limited liability company shall, at the time set forth in subdivision (f), pay to this state on behalf of each nonresident member of whom an agreement has not been timely filed an amount equal to the highest marginal tax rate in effect under Section 17041, in the case of members that are individuals, estates, or trusts, and Section 23151, in the case of members that are corporations, multiplied by the amount of the member’s distributive share of the income source to the state reflected on the limited liability company’s return for the taxable period, reduced by the amount of tax previously withheld and paid by the limited liability company pursuant to Section 18662 and the regulations thereunder with respect to each nonresident member. A limited liability company shall be entitled to recover the payment made from the member on whose behalf the payment was made. -(2) If a limited liability company fails to attach the agreement or to timely pay the payment required by paragraph (1), the payment shall be considered the tax of the limited liability company for purposes of the penalty prescribed by Section 19132 and interest prescribed by Section 19101 for failure to timely pay the tax. Payment of the penalty and interest imposed on the limited liability company for failure to timely pay the amount required by this subdivision shall extinguish the liability of a nonresident member for the penalty and interest for failure to make timely payment of all taxes imposed on that member by this state with respect to the income of the limited liability company. -(3) No penalty or interest shall be imposed on the limited liability company under paragraph (2) if the nonresident member timely files and pays all taxes imposed on the member by this state with respect to the income of the limited liability company. -(f) Any agreement of a nonresident member required to be filed pursuant to subdivision (e) shall be filed at either of the following times: -(1) The time the annual return is required to be filed pursuant to this section for the first taxable period for which the limited liability company became subject to tax pursuant to Chapter 10.6 (commencing with Section 17941). -(2) The time the annual return is required to be filed pursuant to this section for any taxable period in which the limited liability company had a nonresident member on whose behalf an agreement described in subdivision (e) has not been previously filed. -(g) Any amount paid by the limited liability company to this state pursuant to paragraph (1) of subdivision (e) shall be considered to be a payment by the member on account of the income tax imposed by this state on the member for the taxable period. -(h) Every limited liability company that is classified as a corporation for California tax purposes shall be subject to the requirement to file a tax return under the provisions of Part 10.2 (commencing with Section 18401) and the applicable taxes imposed by Part 11 (commencing with Section 23001). -(i) (1) Every limited liability company doing business in this state, organized in this state, or registered with the Secretary of State, that is disregarded pursuant to Section 23038 shall file a return that includes information necessary to verify its liability under Sections 17941 and 17942, provides its sole owner’s name and taxpayer identification number, includes the consent of the owner to California tax jurisdiction, and includes other information necessary for the administration of this part, Part 10 (commencing with Section 17001), or Part 11 (commencing with Section 23001). -(2) If the owner’s consent required under paragraph (1) is not included, the limited liability company shall pay on behalf of its owner an amount consistent with, and treated the same as, the amount to be paid under subdivision (e) by a limited liability company on behalf of a nonresident member for whom an agreement required by subdivision (e) is not attached to the return of the limited liability company. -(3) (A) Except as provided in subparagraph (B), the return required under paragraph (1) shall be filed on or before the 15th day of the fourth month after the close of the taxable year of the owner subject to tax under Part 10 (commencing with Section 17001) or Chapter 2 (commencing with Section 23101) of Part 11. -(B) In the event that the owner is an “S corporation,” a partnership, or a limited liability company classified as a partnership for California tax purposes, the return required under paragraph (1) shall be filed on or before the 15th day of the third month after the close of the taxable year. -(4) For limited liability companies disregarded pursuant to Section 23038, “taxable year of the owner” shall be substituted for “taxable year” in Sections 17941 and 17942. -(j) The amendments made by Chapter 264 of the Statutes of 2005 apply to taxable years beginning on or after January 1, 2005. -(k) The amendments made to this section by the act adding this subdivision shall apply to returns for taxable years beginning on or after January 1, 2016. -SEC. 4. -Section 23281 of the Revenue and Taxation Code is amended to read: -23281. -(a) (1) When a taxpayer ceases to do business within the state during any taxable year and does not dissolve or withdraw from the state during that year, and does not resume doing business during the succeeding taxable year, its tax for the taxable year in which it resumes doing business prior to January 1, 2000, shall be the greater of the following: -(A) The tax computed upon the basis of the net income of the income year in which it ceased doing business, except where the income has already been included in the measure of a tax imposed by this chapter. -(B) The minimum tax prescribed in Section 23153. -(2) When a taxpayer ceases to do business within the state during any taxable year and does not dissolve or withdraw from the state during that year, and does not resume doing business during the succeeding taxable year, its tax for the taxable year in which it resumes doing business, on or after January 1, 2000, shall be according to or measured by its net income for the taxable year in which it resumes doing business. -(b) The tax shall be due and payable at the time the corporation resumes doing business, or on or before the due date of the return for its taxable year, whichever is later. All the provisions of this part relating to delinquent taxes shall be applicable to the tax if it is not paid on or before its due date. -(c) This section does not apply to a corporation that became subject to Chapter 3 (commencing with Section 23501) after it discontinued doing business in this state (see Section 23224.5). -(d) The amendments made to this section by the act adding this subdivision shall apply to taxable years beginning on or after January 1, 2016.","The Personal Income Tax Law requires a partnership to file an informational return on the 15th day of the 4th month following the close of its taxable year, and a limited liability company classified as a partnership to file a return of the taxes due and payable on the 15th day of the 4th month following the close of its taxable year. The Corporation Tax Law requires a taxpayer subject to that law, including an “S corporation,” to file a return on the 15th day of the 3rd month following the close of its taxable year. These tax return due dates conform to federal income tax return due dates for taxable years beginning before January 1, 2016. -This bill would require, instead, for taxable years beginning on or after January 1, 2016, a partnership and a limited liability company classified as a partnership to file a return on the 15th day of the 3rd month, and a taxpayer subject to the Corporation Tax Law, but not an “S corporation,” to file a return on the 15th day of the 4th month, following the close of its taxable year. These tax return due dates would conform to federal income tax return due dates for taxable years beginning on and after January 1, 2016.","An act to amend Sections 18601, 18633, 18633.5, and 23281 of the Revenue and Taxation Code, relating to taxation." -920,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 67386 of the Education Code is amended to read: -67386. -(a) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)), involving a student, both on and off campus. The policy shall include all of the following: -(1) An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent. -(2) A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances: -(A) The accused’s belief in affirmative consent arose from the intoxication or recklessness of the accused. -(B) The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented. -(3) A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence. -(4) A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances: -(A) The complainant was asleep or unconscious. -(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity. -(C) The complainant was unable to communicate due to a mental or physical condition. -(b) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards. At a minimum, the policies and protocols shall cover all of the following: -(1) A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality. -(2) Initial response by the institution’s personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses. -(3) Response to stranger and nonstranger sexual assault. -(4) The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate. -(5) Contacting and interviewing the accused. -(6) Seeking the identification and location of witnesses. -(7) Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate. -(8) Participation of victim advocates and other supporting people. -(9) Investigating allegations that alcohol or drugs were involved in the incident. -(10) Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institution’s student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty. -(11) The role of the institutional staff supervision. -(12) A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases. -(13) Procedures for confidential reporting by victims and third parties. -(c) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused. -(d) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institution’s policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institution’s overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy. -(e) (1) Commencing January 1, 2018, in order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall conduct annual training of their respective employees, in addition to the training required by paragraph (12) of subdivision (b), on the employee’s obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students. -(2) An employee trained pursuant to this subdivision shall be deemed to have satisfied the annual training requirement for each campus or community college district, as applicable, within each segment that the employee is employed at for that year. -(f) Outreach programming shall be included as part of every incoming student’s orientation.","Existing law requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions, in order to receive state funds for student financial assistance, to adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards, covering specified topics, including a comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases. -This bill would, commencing January 1, 2018, require those institutions, in order to receive state funds for student financial assistance, to conduct annual training of their respective employees, in addition to the training described above, on the employee’s obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students. The bill would provide that an employee trained pursuant to these provisions is deemed to have satisfied the annual training requirement for each campus or community college district, as applicable, within each segment that the employee is employed at for that year.","An act to amend Section 67386 of the Education Code, relating to student safety." -921,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 31013 of the Corporations Code is amended to read: -31013. -(a) An offer or sale of a franchise is made in this state when an offer to sell is made in this state, or an offer to buy is accepted in this state, or, if the franchisee is domiciled in this state, the franchised business is or will be operated in this state. -(b) An offer to sell is made in this state when the offer either originates from this state or is directed by the offeror to this state and received at the place to which it is directed. An offer to sell is accepted in this state when acceptance is communicated to the offeror in this state; and acceptance is communicated to the offeror in this state when the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received at the place to which it is directed. -(c) An offer to sell is not made in this state merely because (1) the publisher circulates or there is circulated on his behalf in this state any bona fide newspaper or other publication of general, regular, and paid circulation which has had more than two-thirds of its circulation outside this state during the past 12 months, or (2) a radio or television program originating outside this state is received in this state. -(d) An offer to sell is not made in this state merely because a franchisor, or a franchisor who is not then offering a franchise for sale in California and has not registered an offering under the provisions of Chapter 2 (commencing with Section 31110), secures a space at a franchise trade show from which it offers information about its products, services, or system to the general public if the franchisor or prospective franchisor does all of the following: -(1) Notifies the commissioner, in a form established by the commissioner, of its intent to attend and display its concept at the franchise trade show at least 30 days before the show and provides the commissioner with all of the following: -(A) A document, in a form established by the commissioner, that includes, at a minimum, all of the following: -(i) The franchise concept brand name and a description of the potential franchise offering. -(ii) The legal name, and, if applicable, the name under which the franchisor or prospective franchisor does or intends to do business, the address where it is domiciled, and the state or country, if outside the United States, where it is organized. -(iii) The names of the directors, trustees, general partners, principal officers, and other executives who will have management responsibility of the franchisor or prospective franchisor. -(iv) The address where the franchisor or prospective franchisor may be served legal process. -(v) Disclosure of any actions listed in Section 31115.5, against the directors, trustees, general partners, principal officers, or other executives who will have management responsibility of the franchisor or prospective franchisor. -(vi) Disclosure of any actions listed in Section 31115.5, against employees or representatives who will be attending the franchise trade show on behalf of the franchisor or prospective franchisor. -(vii) The proposed written or electronic information that the franchisor or prospective franchisor intends to distribute or use at the trade show. -(B) If the franchisor or prospective franchisor already possesses a current franchise disclosure document not yet registered in California, a copy of the franchise disclosure document. -(2) Conspicuously posts in public view within its franchise trade show booth a notice, in a form established by the commissioner, that states, at a minimum, all of the following: -(A) The franchisor or prospective franchisor is not offering a franchise for sale in California. -(B) The franchisor or prospective franchisor is not legally able to offer a franchise for sale in California. -(C) If anyone associated with the franchisor or prospective franchisor offers a franchise for sale or solicits an offer to purchase a franchise in California, that action should be reported to the commissioner. -(D) The contact information of the commissioner. -(e) The form described in paragraph (1) of subdivision (d) shall be in the form and content prescribed by the commissioner, but, at a minimum, shall state that it is unlawful for any person to offer or sell a franchise in California unless the offer of the franchise has been registered with the commissioner or is otherwise exempt. -(f) A franchisor or prospective franchisor requesting an exemption from a requirement to register pursuant to subdivisions (d) and (e) shall pay a fee of two hundred twenty-five dollars ($225) to the commissioner for each day the franchisor or prospective franchisor exhibits at the trade show. -(g) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. -SEC. 2. -Section 31013 is added to the Corporations Code, to read: -31013. -(a) An offer or sale of a franchise is made in this state when an offer to sell is made in this state, or an offer to buy is accepted in this state, or, if the franchisee is domiciled in this state, the franchised business is or will be operated in this state. -(b) An offer to sell is made in this state when the offer either originates from this state or is directed by the offeror to this state and received at the place to which it is directed. An offer to sell is accepted in this state when acceptance is communicated to the offeror in this state, and acceptance is communicated to the offeror in this state when the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received at the place to which it is directed. -(c) An offer to sell is not made in this state merely because (1) the publisher circulates or there is circulated on his behalf in this state any bona fide newspaper or other publication of general, regular, and paid circulation which has had more than two-thirds of its circulation outside this state during the past 12 months, or (2) a radio or television program originating outside this state is received in this state. -(d) This section shall become effective on January 1, 2022. -SEC. 3. -Section 31020 is added to the Corporations Code, to read: -31020. -(a) “Franchise trade show” means an event in this state, displaying multiple franchise brands and open to multiple franchisors, that is advertised to, and invites, the general public to that event where franchisors who satisfy the reasonable criteria of the franchise trade show’s organizer may secure a space from where they can inform the members of the general public in attendance about their existing and prospective products, services, or systems. -(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. -SEC. 4. -Section 31115.5 is added to the Corporations Code, to read: -31115.5. -(a) The commissioner may summarily issue a stop order denying the effectiveness of an applicant’s exemption application pursuant to subdivisions (d), (e) and (f) of Section 31013, if the commissioner finds any of the following: -(1) The proposed business model is not lawful in California. -(2) A director, trustee, general partner, principal officer, or other executive who will have management responsibility of a franchisor or prospective franchisor, or an employee or representative who will be attending the franchise trade show on behalf of the franchisor or prospective franchisor, has been any of the following: -(A) Convicted of or pleaded nolo contendere to any felony. -(B) Held liable in a civil action by final judgment of a court for fraud, embezzlement, or misappropriation of property. -(C) Previously violated any franchise law of any state. -(3) The business would constitute a misrepresentation to, or deceit or fraud of, investors. -(4) The franchisor or prospective franchisor fails to meet the requirements of subdivision (d) to (e), inclusive, of Section 31013. -(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. -SEC. 5. -Section 31117 of the Corporations Code is amended to read: -31117. -(a) Upon the entry of a stop order under Section 31115 or 31115.5, the commissioner shall promptly notify the applicant that it has been entered and of the reasons therefor and that upon receipt of written request the matter will be set down for hearing to commence within 15 business days after such receipt unless the applicant consents to a later date. If no hearing is requested within 30 days after receipt of the notice and none is ordered by the commissioner, the order will remain in effect until it is modified or vacated by the commissioner. If a hearing is requested or ordered, the commissioner, after notice and hearing in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, in connection with which the commissioner shall have all of the powers granted thereunder, may modify or vacate the order or extend it until its final determination. -(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. -SEC. 6. -Section 31117 is added to the Corporations Code, to read: -31117. -(a) Upon the entry of a stop order under Section 31115, the commissioner shall promptly notify the applicant that it has been entered and of the reasons therefor and that upon receipt of written request the matter will be set down for hearing to commence within 15 business days after such receipt unless the applicant consents to a later date. If no hearing is requested within 30 days after receipt of the notice and none is ordered by the commissioner, the order will remain in effect until it is modified or vacated by the commissioner. If a hearing is requested or ordered, the commissioner, after notice and hearing in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, in connection with which the commissioner shall have all of the powers granted thereunder, may modify or vacate the order or extend it until its final determination. -(b) This section shall become effective on January 1, 2022.","The Franchise Investment Law generally requires a franchisor to register with the Department of Business Oversight before an offer or sale of a franchise in this state and provides that a willful violation of this law is a crime. Existing law provides, among other things, that an offer or sale of a franchise is made in this state when an offer to sell is made in this state, or an offer to buy is accepted in this state, or, if the franchisee is domiciled in this state, the franchised business is or will be operated in this state. Existing law provides that an offer to sell is not made in this state merely because a radio or television program originating outside this state is received in this state. -This bill would provide, until January 1, 2020, that an offer to sell is not made in this state merely because a prospective franchisor, or a franchisor who is not then offering a franchise for sale in California and has not registered an offering under the Franchise Investment Law, secures a space at a franchise trade show from which it offers information about its products, services, or system to the general public under specified circumstances, including, among others, the payment of a fee. The bill would also define a franchise trade show for purposes of the Franchise Investment Law.","An act to amend, repeal, and add Sections 31013 and 31117 of, and to add and repeal Sections 31020 and 31115.5 of, the Corporations Code, relating to franchises." -922,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Following significant damage to school buildings in the 1933 Long Beach earthquake, the Field Act was enacted to mandate the earthquake-resistant construction of schools. -(b) The Division of the State Architect (DSA) reviews the design, construction, alteration, addition, and rehabilitation of K–12 public schools and community colleges. -(c) The DSA also monitors the safety of nonstructural components installed in school facilities. -(d) Implementation of the Field Act, as defined pursuant to Section 17281 of the Education Code, depends upon a complex interrelationship with dispersed responsibilities among state departments and agencies, school districts, local government building departments, educational institutions, and the construction industry. -(e) The South Napa earthquake struck in the early morning on August 24, 2014. Structural damage to schools was minimal. However, nonstructural damage was significant and could have been life threatening had the earthquake occurred during school hours. -(f) The earthquake highlighted dangers posed by light fixtures, unrestrained bookcases, storage units, furniture, and other similar school contents that are not subject to the Field Act’s requirements. -(g) The DSA has issued guidelines for nonstructural earthquake hazards in California schools, which include furniture and equipment. However, there are no requirements in state law similar to the requirements of the Field Act that require the DSA, local fire agencies, or school districts to inspect schools to ensure that school contents comply with the DSA nonstructural component guidelines. -(h) School classrooms should be examined to ensure that furnishings and equipment are properly located, anchored, and braced to prevent harm to pupils and school personnel, and to ensure egress from any room after an earthquake. -SEC. 2. -Chapter 8 (commencing with Section 17660) is added to Part 10.5 of Division 1 of Title 1 of the Education Code, to read: -CHAPTER 8. Nonstructural Earthquake Hazards -17660. -(a) (1) On or before January 1, 2020, each school district, county office of education, and charter school shall complete an inspection of the contents, as described in Section 17661, in areas that are accessible to or occupied by pupils, including classrooms, hallways, libraries, gymnasiums, multipurpose rooms, cafeterias, computer rooms, administrative offices, and other similar spaces in each of its school buildings located in an area of higher seismicity to assess whether the contents in each area comply with the guidelines set forth in Chapter 3 (Furniture and Equipment) of the “Guide and Checklist for Nonstructural Earthquake Hazards in California Schools,” published by the Office of Emergency Services in cooperation with the State Department of Education, the Department of General Services, and the Alfred E. Alquist Seismic Safety Commission pursuant to Section 8587.7 of the Government Code, and to develop corrective actions to bring noncompliant contents into compliance with the published guidelines. -(2) For purposes of this section, “higher seismicity” means an area with the result of .30g or greater on the California Geological Survey’s Ground Motion Interpolator found on the Department of Conservation Internet Web site. -(3) The Department of Conservation, on or before February 1, 2017, shall post instructions or a hyperlink on its Internet Web site on how to determine whether a school district, county office of education, or charter school building is located in an area of higher seismicity. -(b) (1) Within 60 days of completing the inspection for each area within a school building described in subdivision (a), a checklist of compliant and noncompliant contents shall be reported to the governing board of the school district, the county board of education, or the governing body of the charter school, as applicable. The report shall include a prioritization of noncompliant items that present an immediate and serious threat to the safety of pupils and school personnel and a set of recommended corrective actions to bring high-priority noncompliant contents into compliance with the published guidelines. -(2) The governing board of the school district, the county board of education, or the governing body of the charter school, as applicable, shall review the report in a public meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), or, in the case of a statewide charter school, the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), and shall post the report on its Internet Web site. -(c) (1) The superintendent of a school district, the county superintendent of schools, or the chief administrator of a charter school, as applicable, shall annually certify in writing to the governing board of the school district, the county board of education, or the governing body of the charter school, as applicable, which corrective actions recommended in the report submitted pursuant to paragraph (1) of subdivision (b) have been taken and completed. -(2) The certifications for each school building shall be posted to the school district’s, county office of education’s, or charter school’s Internet Web site, as applicable. -(d) If a school district, county office of education, or charter school completes an inspection pursuant to subdivision (a) before January 1, 2017, the school district, county office of education, or charter school may report the inspection and any corresponding corrective actions it takes to the governing board of the school district, the county board of education, or the governing body of the charter school, as applicable, to comply with paragraph (1) of subdivision (b). -17661. -For purposes of this chapter, “contents” includes, but is not limited to, file cabinets, bookcases, desktop and countertop equipment, equipment on carts, display cases, art objects, potted plants, aquariums, equipment on wheels or rollers, such as pianos and chalkboards, office equipment, refrigerators, vending machines, shop and gym equipment, gas cylinders, gas piping, and storage racks. -17662. -This chapter shall not be implemented unless funding is provided for its implementation in the annual Budget Act or another statute. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Field Act, generally requires the Department of General Services to supervise the design and construction of, the reconstruction or alteration of, or the addition to, a school building to ensure, among other things, that plans and specifications comply with adopted rules and regulations and building standards, including those relating to seismic safety. Existing law requires the Office of Emergency Services, in cooperation with the State Department of Education, the Department of General Services, and the Alfred E. Alquist Seismic Safety Commission, to develop an educational pamphlet for use by school personnel to identify and mitigate the risks posed by nonstructural earthquake hazards. -This bill would require each school district, county office of education, and charter school, on or before January 1, 2020, to complete an inspection of the contents in areas that are accessible to or occupied by pupils in each of its school buildings located in an area of higher seismicity, as defined, to assess whether the contents in each area comply with the guidelines set forth in the pamphlet and to develop corrective actions to bring noncompliant contents into compliance with the published guidelines. The bill would require, within 60 days of completing the inspection for each area within a school building, that a checklist of compliant and noncompliant contents be reported to the governing board of the school district, the county board of education, or the governing body of the charter school, as applicable, with a prioritization of noncompliant items that threaten the safety of pupils and school personnel and a set of recommended corrective actions to bring high-priority noncompliant contents into compliance with the published guidelines. By imposing additional duties on local educational agency officials, the bill would impose a state-mandated local program. The bill would require the Department of Conservation, on or before February 1, 2017, to post instructions or a hyperlink on its Internet Web site on how to determine whether a school district, county office of education, or charter school building is located in an area of higher seismicity. The bill would make implementation of these provisions contingent upon funding being provided in the annual Budget Act or another statute. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Chapter 8 (commencing with Section 17660) to Part 10.5 of Division 1 of Title 1 of the Education Code, relating to school facilities." -923,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19619 of the Business and Professions Code is amended to read: -19619. -(a) Since the purpose of this chapter is to encourage agriculture and the breeding of horses in this state, a California Standardbred Sires Stakes Program is hereby established for standardbred horses bred in the State of California. -(b) Horses eligible to race in the California Standardbred Sires Stakes Program shall be the offspring of a registered California standardbred stallion standing in California during an entire breeding season, or the offspring of a registered standardbred stallion standing in Iowa, Wisconsin, Minnesota, Michigan, or Maine, or the Province of Alberta, Canada. -(c) (1) Responsibility for the California Standardbred Sires Stakes Program is with the board. Administration of the California Standardbred Sires Stakes Program is the responsibility of the California Standardbred Sires Stakes Committee. The committee shall consist of five members and one alternate selected from and by the California Harness Horsemen’s Association. -(2) Administrative expenses of the committee in any given year shall not exceed 4 percent of that year’s income to the California Standardbred Sires Stakes Program, and all expenses shall be approved by the board. -(d) The board may do all that is necessary to ensure that the California Standardbred Sires Stakes Program is appropriately administered and shall prepare, issue, and adopt rules and regulations providing for all of the following: -(1) Classes and divisions of races, eligibility of horses and owners therefor, and prizes and awards to be awarded. -(2) Nominating, sustaining, and entry fees for horses and races. -(3) Registration and certification of California stallions, mares bred to those stallions, and foals produced thereby. -(4) Any other matter that is considered to be necessary and appropriate for the proper administration and implementation of the California Standardbred Sires Stakes Program. -(e) The funds for the California Standardbred Sires Stakes Program made available pursuant to Section 19491.7 and the nominating, sustaining, and entry fees provided for in this section shall be deposited with the California Standardbred Sires Stakes Committee. The committee shall distribute the funds deposited with it in accordance with this section for the purposes of the program in the manner approved by the board. -(f) Pursuant to Section 19491.7, the breakage used to fund the California Standardbred Sires Stakes Program and to increase purses shall be divided in accordance with the following criteria: -California Standardbred -Sires Stakes Program -Purses -1977 ........................ -10% -90% -1978 ........................ -20% -80% -1979 ........................ -25% -75% -1980 ........................ -50% -50% -January 1 to June 30, 1981 ........................ -75% -25% -July 1, 1981, and thereafter ........................ -100% -0% -(g) An amount equal to 10 percent of the total purses raced for in the California sires stakes races shall be awarded to the standardbred breeders of the horses that earned purse money in the California standardbred sires stakes races in proportion to the amount of purse money earned by each horse. -(h) An amount equal to 2 percent of the total purses raced for in the California sires stakes races shall be awarded to the owners of the registered California standardbred stallions that sired horses that earned purse money in the California standardbred sires stakes races in proportion to the amount of purse money earned by each horse so sired. -(i) Notwithstanding subdivision (b), the board may establish a series of races for two-year-old and three-year-old fillies that are wholly owned by a California resident on the first day of January of the year that they become two years old and are wholly owned by a California resident on the day of the race. -(j) The balance of the remaining funds, including nominating, sustaining, and entry fees, and after the expenditures described in subdivisions (e), (g), (h), and (i) have been made, shall be allocated to purses for races comprising the California Standardbred Sires Stakes Program. -(k) The schedule of races that shall comprise the California Standardbred Sires Stakes Program during each year shall be set by the board in accordance with the following criteria: -(1) California standardbred sires stakes races shall be scheduled for two-year-old or three-year-old trotters and two-year-old and three-year-old pacers at the discretion of the California Standardbred Sires Stakes Committee, except that no two-year-old races shall be held before the first day of June of any year. Races for four-year-old or aged trotters and four-year-old or aged pacers may also be scheduled. -(2) Base purses for each set of races conducted during any given year at any race meeting shall be determined by the committee. -(3) In each division of each race in the California standardbred sires stakes races, the purse shall be divided in the following manner: -1st ........................ -50% -2nd ........................ -25% -3rd ........................ -12% -4th ........................ -8% -5th ........................ -5%","(1) The Horse Racing Law establishes the California Standardbred Sires Stakes Program for standardbred horses bred in California, and provides that an offspring of a registered California standardbred stallion standing in California during an entire breeding season is eligible to race in the program. -This bill would expand eligibility to race in the program to include the offspring of registered standardbred stallions standing in Iowa, Maine, Michigan, Minnesota, or Wisconsin, or the Province of Alberta, Canada. -(2) The Horse Racing Law requires the California Horse Racing Board to set a schedule of races for the program in accordance with specified requirements, including, among other things, that races be scheduled by the California Standardbred Sires Stakes Committee, at its discretion, for 2-year-old and 3-year-old trotters, as specified, and that 2- and 3-year-old races be divided into colt and filly divisions. -This bill would instead require that races be scheduled for 2-year-old or 3-year-old trotters and would delete the requirement that 2- and 3-year-old races be divided into colt and filly divisions. -(3) The Horse Racing Law also establishes the manner of dividing the purse in California standardbred sires stakes races, and sets forth the percentages to be allocated for horses placing in the race based on the number of participating starters in a race. -This bill would establish the percentages to be allocated for horses finishing in 1st to 5th place, inclusive, regardless of the number of starters in the race.","An act to amend Section 19619 of the Business and Professions Code, relating to horse racing." -924,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 11 (commencing with Section 9149.30) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read: -Article 11. Legislative Employee Whistleblower Protection Act -9149.30. -This article shall be known and may be cited as the Legislative Employee Whistleblower Protection Act. -9149.31. -The Legislature finds and declares that legislative employees should be free to report ethical violations without fear of retribution. -9149.32. -For the purposes of this article, the following terms have the following meanings: -(a) “Legislative employee” means an individual, other than a Member of either house of the Legislature, who is currently employed by either house of the Legislature. -(b) “Protected disclosure” means the filing of a complaint with any of the following: -(1) The Joint Legislative Ethics Committee pursuant to Section 8944, alleging a violation by a member of the Legislature. -(2) The Senate Committee on Legislative Ethics, alleging that a Member, officer, or employee of the Senate violated any standard of conduct, as defined by the standing rules of the Senate. -(3) The Assembly Legislative Ethics Committee, alleging that a Member of the Assembly violated any standard of conduct, as defined by the standing rules of the Assembly. -(4) The Assembly Rules Committee, alleging that an employee of the Assembly violated Article 2 of Chapter 1 of this part. -(5) An ethics ombudsperson designated by either house of the Legislature to receive information about potential ethical violations. -(c) “Use of official authority or influence” includes promising to confer, or conferring, any benefit; effecting, or threatening to effect, any reprisal; or taking, or directing others to take, or recommending, processing, or approving, any personnel action, including appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. -9149.33. -(a) A Member of the Legislature or legislative employee shall not directly or indirectly use or attempt to use that person’s official authority or influence to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command, a legislative employee for the purpose of interfering with the right of the legislative employee to make a protected disclosure. -(b) Except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who violates this section is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year. -(c) In addition to all other penalties provided by law, except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who violates this section is liable in a civil action for damages brought by a legislative employee. -(d) This section shall not be construed to authorize an individual to disclose information otherwise prohibited by or under law. -(e) This section is not intended to prevent a supervisor, manager, or other officer of the Legislature from taking, directing others to take, recommending, or approving any personnel action or from taking or failing to take a personnel action with respect to any legislative employee if the supervisor, manager, or other officer reasonably believes any action or inaction is justified on the basis of evidence separate from the fact that the person has made a protected disclosure. -9149.34. -(a) -A legislative employee may file a written complaint with his or her supervisor or manager, or with any other officer designated by the house of the Legislature by which he or she is employed, alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts prohibited by Section 9149.33 for having made a protected disclosure. -The -(b) -The -complaint, together with a sworn statement under penalty of perjury that the contents of the complaint are true, or are believed by the affiant to be true, shall be filed within one year of the most recent improper act complained about. -(c) A recipient of a written complaint submitted pursuant to subdivision (a) shall keep the identity of complainants and witnesses confidential unless expressly authorized by those persons to reveal them, except if requested by a law enforcement agency conducting a criminal investigation. -(d) Records relating to an investigation conducted pursuant to subdivision (a), including investigative files and work product, are confidential, except if requested by a law enforcement agency conducting a criminal investigation. -(e) This section does not limit the authority conferred upon the Attorney General, any state or federal law enforcement agency, or any other commission, department, or agency authorized to investigate the Legislature. -9149.35. -(a) Except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a legislative employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in a county jail for a period not to exceed one year. -(b) For purposes of this section, “legislative employee” includes a former employee of the Legislature if the complaint is filed within one year of the most recent improper act complained about. -9149.36. -(a) In addition to all other penalties provided by law, except to the extent that a Member of the Legislature is immune from liability under the doctrine of legislative immunity, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a legislative employee for having made a protected disclosure is liable in a civil action for damages brought by a legislative employee. -(b) (1) In any civil action, once it has been demonstrated by a preponderance of the evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a legislative employee, the burden of proof is on the offending party to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the legislative employee had not made a protected disclosure. -(2) Punitive damages may be awarded by the court if the acts of the offending party are proven to be malicious. If liability is established, the injured party is also entitled to reasonable attorney’s fees as provided by law. -(c) A legislative employee is not required to file a complaint pursuant to Section 9149.34 before bringing an action for civil damages. -(d) This section is not intended to prevent a supervisor, manager, or other officer of the Legislature from taking, directing others to take, recommending, or approving any personnel action or from taking or failing to take a personnel action with respect to any legislative employee if the supervisor, manager, or other officer reasonably believes any action or inaction is justified on the basis of evidence separate and apart from the fact that the person has made a protected disclosure. -(e) For purposes of this section, “legislative employee” includes a former employee of the Legislature if the complaint is filed within one year of the most recent improper act complained about. -9149.37. -This article does not diminish the rights, privileges, or remedies of a legislative employee under any other federal or state law. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides procedures for a person to file a complaint alleging violations of legislative ethics. Existing law also authorizes each house of the Legislature to adopt rules for its proceedings and to select committees necessary for the conduct of its business. -This bill would prohibit interference with the right of legislative employees, as defined, to make protected disclosures of ethics violations and would prohibit retaliation against legislative employees who have made protected disclosures. This bill would establish a procedure for legislative employees to report violations of the prohibitions to the Legislature. The bill would also impose civil and criminal liability on a person who interferes with a legislative employee’s right to make a protected disclosure or who engages in retaliatory acts, as specified. -By creating new crimes, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Article 11 (commencing with Section 9149.30) to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, relating to the Legislature." -925,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 18897 of the Revenue and Taxation Code is amended to read: -18897. -All moneys transferred to the School Supplies for Homeless Children Fund, upon appropriation by the Legislature, shall be allocated as follows: -(a) To the Franchise Tax Board, the State Department of Social Services, and the Controller for reimbursement of all costs incurred by the Franchise Tax Board, the Controller, and the State Department of Social Services in connection with their duties under this article. -(b) To the State Department of Social Services as follows: -(1) For the 2014–15 fiscal year, the Controller shall transfer the funds appropriated to the State Department of Education for this purpose from Budget Items 6110-001-8075 and 6110-101-8075 to the State Department of Social Services. Funds transferred may be used for state operations or local assistance expenditures and for distribution to a nonprofit organization exempt from federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code for the sole purpose of assisting pupils in California on a statewide basis pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) by providing school supplies and health-related products to partnering local education agencies for distribution to homeless children, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a). The nonprofit organization shall provide a minimum 100 percent match for all funds received from the School Supplies for Homeless Children Fund. If the nonprofit organization provides in-kind materials towards the 100 percent match, then the value of the in-kind materials contributing to a 100 percent match shall be verified by the donor donating the in-kind materials and cannot exceed the market value of the materials if sold at retail. The State Department of Social Services shall enter into a subvention services agreement with the nonprofit organization. -(2) The State Department of Social Services’ first designation of a nonprofit organization shall be valid until January 1, 2017. On that date, and every three calendar years thereafter, while this section is operative and in effect, the State Department of Social Services shall designate the same or a different nonprofit organization pursuant to this section. The State Department of Social Services may revoke the designation if the nonprofit organization fails to comply with the provisions of this article. If a designation is revoked, the State Department of Social Services shall designate a new nonprofit organization within three calendar months or as soon as administratively feasible. -(3) Funds shall be distributed by the State Department of Social Services only after evidence is presented to the State Department of Social Services that demonstrates that the local education agencies, domestic violence shelters, or eligible basic living centers and transitional living centers, as specified in paragraph (3) of subdivision (c), have received the materials described in paragraph (1). -(c) (1) Funds distributed to the nonprofit organization pursuant to this section shall be used only for costs incurred to procure, assemble, and ship school supplies and health-related products. Funds made available pursuant to this section shall not be used for administrative purposes, to reimburse costs associated with administering grants of school supplies and health-related products to local education agencies or domestic violence shelters, or for any purpose relating to the operation of the nonprofit organization. -(2) The nonprofit organization may provide school supplies and health-related products to children living in domestic violence shelters. -(3) The nonprofit organization may provide school supplies and health-related products to homeless children and homeless youth, as defined in Section 11139.3 of the Government Code, residing in or receiving services from eligible basic living centers and transitional living centers eligible for assistance as specified in the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.), as that act read on January 1, 2015. -(d) The State Department of Social Services shall verify that the designated nonprofit organization procured school supplies and health-related products and provided matching funds or in-kind materials as described in this section. -SEC. 2. -Section 18898 of the Revenue and Taxation Code is amended to read: -18898. -(a) Except as otherwise provided in subdivision (b), this article shall remain in effect only until January 1, 2022, and is repealed as of December 1 of that year. -(b) (1) By September 1 of the second calendar year and each subsequent calendar year that the School Supplies for Homeless Children Fund appears on the tax return, the Franchise Tax Board shall do all of the following: -(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. -(B) Provide written notification to the State Department of Social Services of the amount determined in subparagraph (A). -(C) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. -(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. -(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the School Supplies for Homeless Children Fund on the personal income tax return or the adjusted minimum contribution amount adjusted pursuant to subdivision (c). -(c) For each calendar year, beginning with the third calendar year after the first appearance of the School Supplies for Homeless Children Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows: -(1) The minimum estimated contribution amount for the calendar year shall be an amount equal to the product of the minimum estimated contribution amount for the calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. -(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041. -(d) Notwithstanding the repeal of this article, any contribution amounts designated pursuant to this article prior to its repeal shall continue to be transferred and disbursed in accordance with this article as in effect immediately prior to that repeal.","Existing law authorizes an individual to contribute amounts in excess of his or her personal income tax liability for the support of specified funds, including the School Supplies for Homeless Children Fund. Existing law requires the moneys deposited in the School Supplies for Homeless Children Fund, upon appropriation by the Legislature, to be allocated to the State Department of Social Services for distribution to a designated nonprofit organization for the sole purpose of assisting pupils in California pursuant to the federal McKinney-Vento Homeless Assistance Act, as provided. Existing law provides that this voluntary contribution remain in effect only until January 1 of the 5th taxable year in which the fund appears on the tax return or when the amount of contributions by taxpayers does not meet the minimum contribution amount, whichever occurs first. -This bill would authorize the designated nonprofit organization to provide school supplies and health-related products to homeless children and homeless youth residing in or receiving services from specified living centers and would extend the time period for the School Supplies for Homeless Children Fund to appear on the tax return to January 1, 2022, or when the amount of contributions by taxpayers does not meet the minimum contribution amount, whichever occurs first.","An act to amend Sections 18897 and 18898 of the Revenue and Taxation Code, relating to taxation." -926,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 1.6 (commencing with Section 71265) is added to Part 3 of Division 20 of the Water Code, to read: -CHAPTER 1.6. Central Basin Municipal Water District -71265. -For the purposes of this chapter: -(a) “District” means the Central Basin Municipal Water District. -(b) “Large water purveyor” means a public water system that is one of the top five purveyors of water as measured by the total purchase of potable and recycled water from the district for the three prior fiscal years. -(c) “Public water system” has the same meaning as in Section 116275 of the Health and Safety Code. -(d) “Relevant technical expertise” means employment or consulting for a total period of at least five years, prior to the date of first appointment, in one or more positions materially responsible for performing services relating to the management, operations, engineering, construction, financing, contracting, regulation, or resource management of a public water system. -(e) “Small water purveyor” means a public water system with less than 5,000 connections. -71266. -(a) Except as provided in subdivision (c) and notwithstanding any other provision of this division, the board of directors of the district shall be composed of seven directors as follows: -(1) Four directors, one director elected for each division established pursuant to subdivision (d) by the voters of the division. Each director shall be a resident of the division from which he or she is elected. An election pursuant to this paragraph shall be in accordance with the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code). -(2) Three directors appointed by the water purveyors of the district in accordance with Section 71267. -(b) The district shall be subject to Section 84308 of the Government Code. -(c) Until the directors elected at the November 8, 2022, election take office, the board of directors shall be composed of eight directors as follows: -(1) Five directors in accordance with Section 71250. -(2) Three directors appointed by the water purveyors of the district pursuant to Section 71267. -(d) The board of directors shall divide the district into four divisions in a manner as to equalize, as nearly as practicable, the population in the respective divisions pursuant to Section 71540. -71267. -(a) The general manager of the district shall notify each water purveyor of the district and provide a 60-day period during which the district will accept nominations for appointment of individuals to the board of directors. -(b) Individuals nominated for appointment to the board of directors shall demonstrate eligibility and relevant technical expertise. -(c) (1) The three directors appointed by the water purveyors shall be selected by the water purveyors of the district every four years as follows: -(A) One director shall be selected by all large water purveyors from the nominees of large water purveyors. Each large water purveyor shall have one vote. -(B) One director shall be selected by all cities that are water purveyors of the district from the nominees of cities. Each city shall have one vote. -(C) One director shall be selected by all of the water purveyors of the district from any nominee. The vote of each purveyor shall be weighted to reflect the number of service connections of that water purveyor within the district. If the selection of a director under this subparagraph would result in a violation of paragraph (2), the first eligible candidate receiving the next highest number of votes shall be selected. -(2) The appointment of directors pursuant to paragraph (1) shall not result in any of the following: -(A) The appointment of three directors that are all employed by or representatives of entities that are all large water purveyors. -(B) The appointment of three directors that are all employed by or representatives of entities that are all cities. -(C) The appointment of three directors that are all employed by or representatives of entities that are all small water purveyors. -(3) Each nominee for director who receives the highest number of votes cast for each office described in paragraph (1) is appointed as a director to the board of directors and shall take office in accordance with Section 71512. The general manager shall collect the votes and report the results to the water purveyors. Votes for an appointed director are public records. -(d) Each appointed director shall live or work within the district. -(e) In order to ensure continuity of knowledge, the directors appointed at the first purveyor selection shall classify themselves by lot so that two of them shall hold office until the selection of their successors at the first succeeding purveyor selection and one of them shall hold office until the selection of his or her successor at the second succeeding purveyor selection. -(f) (1) The term of a director appointed pursuant to subparagraph (A) of paragraph (1) of subdivision (c) is terminated if the appointed director no longer is employed by or a representative of a large water purveyor. -(2) The term of a director appointed pursuant to subparagraph (B) of paragraph (1) of subdivision (c) is terminated if the appointed director no longer is employed by or a representative of a city. -(3) The term of a director appointed pursuant to subparagraph (C) of paragraph (1) of subdivision (c) is terminated if the appointed director no longer is employed by or a representative of a water purveyor. -(g) (1) An appointed director shall not do any of the following: -(A) Hold an elected office. -(B) Hold more than 0.5 percent ownership in a company regulated by the Public Utilities Commission. -(C) Hold more than one consecutive term of office on the board. -(2) An appointed director shall be subject to all applicable conflict-of-interest and ethics provisions and shall recuse himself or herself from participating in a decision that could have a direct material benefit on the financial interests of the director. -(h) A vacancy in an office of appointed director shall be filled in accordance with the selection process described in subdivisions (a) to (c), inclusive. -(i) (1) An appointed director shall be eligible for all of the following: -(A) Reimbursement for travel and conference expenses pursuant to the Central Basin Municipal Water District Administrative Code. -(B) Compensation for up to 10 meetings per month at the per meeting rate provided by the Central Basin Municipal Water District Administrative Code. -(C) Health insurance benefits, if those benefits are not provided by the director’s employer. -(2) An appointed director shall not be eligible to receive communication or car allowances. For purposes of this paragraph, “car allowances” does not include travel expenses incurred as described in paragraph (1). -(3) An appointed director may waive the reimbursement and compensation described in paragraph (1) and may be required to reimburse his or her employer for any compensation received. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 3. -This act shall only become operative if Senate Bill 953 of the 2015–16 Regular Session is enacted and becomes effective.","Existing law, the Municipal Water District Law of 1911, provides for the formation of municipal water districts and grants to those districts’ specified powers. Existing law permits a district to acquire, control, distribute, store, spread, sink, treat, purify, recycle, recapture, and salvage any water for the beneficial use of the district, its inhabitants, or the owners of rights to water in the district. Existing law requires the board of directors of a district to consist of 5 members and each director to be a resident of the division from which the director is elected. -This bill would require the board of directors of the Central Basin Municipal Water District to be composed of 8 directors until the directors elected at the November 8, 2022, election take office, when the board would be composed of 7 directors, as prescribed. By imposing new duties on the district, this bill would create a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -This bill would make its operation contingent on the enactment of SB 953 of the 2015–16 Regular Session.","An act to add Chapter 1.6 (commencing with Section 71265) to Part 3 of Division 20 of the Water Code, relating to municipal water districts." -927,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 104150 of the Health and Safety Code is amended to read: -104150. -(a) (1) A provider or entity that participates in the grant made to the department by the federal Centers for Disease Control and Prevention breast and cervical cancer early detection program established under Title XV of the federal Public Health Service Act (42 U.S.C. Sec. 300k et seq.) in accordance with requirements of Section 1504 of that act (42 U.S.C. Sec. 300n) may only render screening services under the grant to an individual if the provider or entity determines that the individual’s family income does not exceed 200 percent of the federal poverty level. -(2) Providers, or the enrolling entity, shall make available to all applicants and beneficiaries, prior to or concurrent with enrollment, information on the manner in which to apply for insurance affordability programs, in a manner determined by the State Department of Health Care Services. The information shall include the manner in which applications can be submitted for insurance affordability programs, information about the open enrollment periods for the California Health Benefit Exchange, and the continuous enrollment aspect of the Medi-Cal program. -(b) (1) The department shall provide for breast cancer and cervical cancer screening services under the grant at the level of funding budgeted from state and other resources during the fiscal year in which the Legislature has appropriated funds to the department for this purpose. These screening services shall not be deemed to be an entitlement. -(2) The following individuals shall be eligible for breast cancer screening and diagnostic services pursuant to this section if they meet all other eligibility requirements: -(A) An individual of any age who is symptomatic. -(B) An individual whose age is within the age range for routine breast cancer screening, as recommended by the United States Preventive Services Task Force, subject to any federal action relating to breast cancer screening that overrides those recommendations. -(3) For purposes of this section, “symptomatic” means an individual presenting with an abnormality or change in the look or feel of the breast, including, but not limited to, a lump, a hard knot, thickening or swelling of the breast tissue, a change in the color, size, or shape of the breast, or any discharge from the nipple. -(c) To implement the federal breast and cervical cancer early detection program specified in this section, the department may contract, to the extent permitted by Section 19130 of the Government Code, with public and private entities, or utilize existing health care service provider enrollment and payment mechanisms, including the Medi-Cal program’s fiscal intermediary. However, the Medi-Cal program’s fiscal intermediary shall only be utilized if services provided under the program are specifically identified and reimbursed in a manner that does not claim federal financial reimbursement. Any contracts with, and the utilization of, the Medi-Cal program’s fiscal intermediary shall not be subject to Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code. Contracts to implement the federal breast and cervical cancer early detection program entered into by the department with entities other than the Medi-Cal program’s fiscal intermediary shall not be subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. -(d) The department shall enter into an interagency agreement with the State Department of Health Care Services to transfer that portion of the grant made to the department by the federal Centers for Disease Control and Prevention breast and cervical cancer early detection program established under Title XV of the federal Public Health Service Act (42 U.S.C. Sec. 300k et seq.) to the State Department of Health Care Services. The department shall have no other liability to the State Department of Health Care Services under this article. -SEC. 2. -Section 104161.1 of the Health and Safety Code is amended to read: -104161.1. -(a) When an individual is made eligible for treatment services under this article due to a diagnosis of breast cancer, the period of coverage shall not exceed 18 months of treatment. After 18 months, the individual’s eligibility for treatment services for the cancer condition that made this individual eligible concludes. -(b) When an individual is made eligible for treatment services under this article due to a diagnosis of cervical cancer, the period of coverage shall not exceed 24 months of treatment. After 24 months, the individual’s eligibility for treatment services for the cancer condition that made this individual eligible concludes. -(c) If an individual is diagnosed with a reoccurrence of breast cancer or cervical cancer, whether at the original cancer site or a different cancer site, and meets all other applicable eligibility requirements, the individual shall be eligible for an additional period of treatment coverage, as described in subdivision (a) or (b), respectively.","Existing law requires the State Department of Health Care Services to perform various health functions, including providing breast and cervical cancer screening and treatment for low-income individuals. Existing law defines “period of coverage” as beginning when an individual is made eligible for a covered condition and not to exceed 18 or 24 months, respectively, for a diagnosis of breast cancer or a diagnosis of cervical cancer. -This bill would provide that an individual of any age who is symptomatic, as defined, or an individual whose age is within the age range for routine breast cancer screening, as specified, and who meets all other eligibility requirements is eligible for breast cancer screening and diagnostic services pursuant to these provisions. The bill would also provide that if an individual is diagnosed with a reoccurrence of breast cancer or cervical cancer, whether at the original cancer site or a different cancer site, and meets all other applicable eligibility requirements, the individual shall be eligible for an additional period of treatment coverage, as described above.","An act to amend Sections 104150 and 104161.1 of the Health and Safety Code, relating to health care programs." -928,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 5100 of the Civil Code is amended to read: -5100. -(a) Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, the election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area pursuant to Section 4600 shall be held by secret ballot in accordance with the procedures set forth in this article. -(b) This article also governs an election on any topic that is expressly identified in the operating rules as being governed by this article. -(c) The provisions of this article apply to both incorporated and unincorporated associations, notwithstanding any contrary provision of the governing documents. -(d) The procedures set forth in this article shall apply to votes cast directly by the membership, but do not apply to votes cast by delegates or other elected representatives. -(e) In the event of a conflict between this article and the provisions of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code) relating to elections, the provisions of this article shall prevail. -(f) Directors shall not be required to be elected pursuant to this article if the governing documents provide that one member from each separate interest is a director, or if the election of directors is uncontested. For purposes of this subdivision, an election of directors is uncontested if the number of candidates for election, including write-in candidates, if applicable, does not exceed the number of directors to be elected at that election and the association has declared the election is uncontested. -(1) An association may declare an election of directors is uncontested only if all of the following procedures have been satisfied: -(A) The election rules required by Section 5105 have been adopted and complied with for the election. -(B) All declared candidates were nominated before the deadline for nominations and in accordance with all lawful provisions of the association’s governing documents. -(C) The inspector of elections has informed the board that the number of candidates does not exceed the number of directors to be elected at that election. -(D) The board votes in open session to declare the election is uncontested after a hearing during an open board meeting where members are able to make objections to the board making that declaration. -(E) At least 20 days before the board meeting for the vote to declare the election is uncontested, the association provides general notice to all members as set forth in Section 4045 of all of the following: -(i) The intention of the board to vote at a regular board meeting to declare the election of directors is uncontested, and giving date, time, and place of that board meeting. -(ii) A disclosure to members of the names of all candidates, however nominated, including self-nomination, who will be declared elected if the board declares the election is uncontested. -(iii) The right of any member to appear at the board meeting and make an objection to the board declaring the election is uncontested before the board votes on the matter. -(F) The names of all candidates, however nominated, the general notice required by subparagraph (E), any objection to the board making the declaration that the election of directors is uncontested, and the board vote declaring the election of directors is uncontested shall be recorded in the meeting minutes. -(2) (A) If the association’s governing documents provide for write-in votes on the ballot, the association shall allow 15 days after the board meeting described in subparagraph (D) of paragraph (1) for a write-in candidate to submit his or her name to the inspector of elections. In the event one or more write-in candidates are timely submitted and additional candidates result in the total number of candidates exceeding the number of directors to be elected at that election, an election shall be held pursuant to general election rules as provided in this article. If after the 15-day period the total number of candidates, including the number of write-in candidates, does not exceed the number of directors to be elected at that election, the uncontested election results shall be sealed and become effective immediately, with any write-in candidates added as members. The new board shall take office immediately following the sealing of the election. -(B) If an association’s governing documents do not provide for write-in votes on the ballot, as provided by subparagraph (A), then the association must provide at least 15 days’ general notice of a self-nomination process following the board determination described in subparagraph (D) of paragraph (1). -SEC. 2. -Section 5105 of the Civil Code is amended to read: -5105. -(a) An association shall adopt rules, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following: -(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content. -(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election. -(3) Specify the qualifications for candidates for the board and any other elected position, and procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating himself or herself for election to the board. -(4) Specify the qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents. -(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods: -(A) Appointment of the inspector or inspectors by the board. -(B) Election of the inspector or inspectors by the members of the association. -(C) Any other method for selecting the inspector or inspectors. -(6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties. -(7) Ensure that an announcement of an election and notification of nomination procedures, including self-nomination, shall be provided to all members by general notice as set forth in Section 4045 at least 60 days before any election for directors. -(8) Ensure a member -in good standing, -who satisfies -any -the -lawful -requirements specified -qualifications adopted pursuant to paragraph (3) and -by the association’s governing documents, shall not be denied the right to -vote or the right to -be a candidate for director. -(9) Ensure a member who satisfies the lawful qualifications adopted pursuant to paragraph (4) and by the association’s governing documents shall not be denied the right to vote. -(b) Notwithstanding any other law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots. -SEC. 3. -Section 5145 of the Civil Code is amended to read: -5145. -(a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues. Upon a finding that the election procedures of this article, or the adoption of and adherence to rules provided by Article 5 (commencing with Section 4340) of Chapter 3, were not followed, a court may void any results of the election. -(b) A member who prevails in a civil action to enforce the member’s rights pursuant to this article shall be entitled to reasonable attorney’s fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member of the association equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. -(c) A cause of action under Sections 5100 to 5130, inclusive, with respect to access to association resources by a candidate or member advocating a point of view, the receipt of a ballot by a member, the counting, tabulation, or reporting of, or access to, ballots for inspection and review after tabulation, or a violation of a rule required by Section 5105 may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court.","The Davis-Stirling Common Interest Development Act defines and regulates common interest developments that are not a commercial or industrial common interest development. The act requires a common interest development to be managed by an association, requires the association to select one or 3 independent 3rd parties as an inspector or inspectors of elections, and generally requires the association’s elections regarding assessments legally requiring a vote, the election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area, to be conducted by the inspector or inspectors of elections in accordance with specified rules and procedures. The act excepts from these election requirements an election of directors if the governing documents of the association provide that one member from each separate interest is a director. -This bill would additionally except from those election requirements an election of directors if the election is uncontested, as defined, and would provide a procedure for an election to be declared as uncontested. The bill adds 2 additional election requirements that would ensure an announcement of an election and notification of nomination procedures is provided in a specific manner and would ensure a member -in good standing -who meets specified qualification requirements -is not denied the right to vote or the right to be a candidate for director. The bill would authorize a cause of action alleging a violation of these and other specified election requirements to be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court.","An act to amend Sections 5100, 5105, and 5145 of the Civil Code, relating to common interest developments." -929,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares the following: -(a) It is appropriate for the Bureau of Real Estate to continue to report on its license verification Internet Web page when discipline has been imposed upon a licensee. -(b) It is appropriate for the Bureau of Real Estate to consider and grant on a case-by-case basis a licensee’s petition to discontinue the reporting of past disciplinary actions when the petitioning licensee has demonstrated to the satisfaction of the Real Estate Commissioner that the continued reporting is no longer required in order to avoid or reduce such a risk to the public. -(c) The Bureau of Real Estate may require a petitioner to pay in advance of consideration a fee to defray costs associated with consideration of the petition. -(d) Nothing in this act shall be construed to authorize or require the destruction of public records maintained pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), or to refuse a request for production of such a record. -(e) The Legislature intends by this act to establish a process by which a licensee may petition the Bureau of Real Estate to remove a notice of past discipline from the license verification Internet Web page of the bureau. -SEC. 2. -Section 10083.2 of the Business and Professions Code is amended to read: -10083.2. -(a) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department. The information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet. -(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538. -(c) Upon petition by a licensee accompanied by a fee sufficient to defray costs associated with consideration of a petition, the commissioner may remove from the posting of discipline described in subdivision (a) an item that has been posted on the bureau’s Internet Web site for no less than 10 years and for which the licensee provides evidence of rehabilitation indicating that the notice is no longer required in order to prevent a credible risk to members of the public utilizing licensed activity of the licensee. In evaluating a petition, the Commissioner shall take into consideration other violations that present a credible risk to the members of the public since the posting of discipline requested for removal. -(d) The bureau may develop, through regulations, the amount of the fee and the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation pursuant to Section 482. -(e) “Posted” for purposes of this section is defined as the date of disciplinary action taken by the bureau. -(f) The petition process described by subdivisions (c) and (d) shall commence January 1, 2018. -(g) The bureau shall maintain a list of all licensees whose disciplinary records are altered as a result of a petition approved under subdivision (c). The bureau shall make the list accessible to other licensing bodies. The bureau shall update and provide the list to other licensing bodies as often as it modifies the records displayed on its Internet Web site in response to petitions approved under subdivision (c). -SEC. 2.5. -Section 10083.2 of the Business and Professions Code is amended to read: -10083.2. -(a) (1) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). -(2) The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department. -(3) The information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet. -(4) The public information shall also include whether a licensee is an associate licensee within the meaning of subdivision (b) of Section 2079.13 of the Civil Code and, if the associate licensee is a broker, identify each responsible broker with whom the licensee is contractually associated as described in Section 10032 of this code or Section 2079.13 of the Civil Code. -(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538. -(c) Upon petition by a licensee accompanied by a fee sufficient to defray costs associated with consideration of a petition, as described in Section 10223, the commissioner may remove from the posting of discipline described in subdivision (a) an item that has been posted on the bureau’s Internet Web site for no less than 10 years and for which the licensee provides evidence of rehabilitation indicating that the notice is no longer required in order to prevent a credible risk to members of the public utilizing licensed activity of the licensee. In evaluating a petition, the commissioner shall take into consideration other violations that present a credible risk to the members of the public since the posting of discipline requested for removal. -(d) The bureau may develop, through regulations, the amount of the fee and the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation pursuant to Section 482. -(e) “Posted” for purposes of this section is defined as the date of disciplinary action taken by the bureau. -(f) The petition process described by subdivisions (c) and (d) shall commence January 1, 2018. -(g) The bureau shall maintain a list of all licensees whose disciplinary records are altered as a result of a petition approved under subdivision (c). The commissioner shall make the list accessible to other licensing bodies. The bureau shall update and provide the list to other licensing bodies as often as it modifies the records displayed on its Internet Web site in response to petitions approved under subdivision (c). -(h) This section shall become operative January 1, 2018. -SEC. 3. -Section 2.5 of this bill incorporates changes to Section 10083.2 of the Business and Professions Code proposed by both this bill and Assembly Bill 2330. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) this bill amends Section 10083.2 of the Business and Professions Code and Assembly Bill 2330 amends, repeals, and adds the section but Section 10083.2 of the Business and Professions Code, as added by Assembly Bill 2330 does not become operative until January 1, 2018, and (3) this bill is enacted after Assembly Bill 2330, in which case Section 10083.2 of the Business and Professions Code, as amended by Section 2 of this bill, shall remain operative only until January 1, 2018, at which time Section 2.5 of this bill shall become operative.","The Real Estate Law provides for the licensure and regulation of real estate brokers and real estate salespersons by the Bureau of Real Estate, headed by the Real Estate Commissioner. Fees charged and collected under the Real Estate Law, except as otherwise provided, are deposited into the Real Estate Fund and continuously appropriated for use by the commissioner, as specified. Existing law requires the commissioner to provide on the Internet specific information regarding the status of every license issued by the department. -This bill would authorize the commissioner, upon petition by a licensee accompanied by a specified fee, to remove from the posting of discipline an item that has been posted on the bureau’s Internet Web site for at least 10 years and for which the licensee provides evidence of rehabilitation indicating that the notice is no longer required to prevent a credible risk to members of the public utilizing licensed activity of the licensee. The bill would require the commissioner, in evaluating a petition, to take into consideration other violations that present a credible risk to the members of the public since the posting of discipline requested for removal, as specified. Because the fees collected pursuant to these provisions would be deposited in the Real Estate Fund, which is continuously appropriated, the bill would make an appropriation. The bill would also authorize the bureau to develop, through regulations, the amount of the fee and the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation. The bill would require the petition process to commence January 1, 2018. The bill would require the bureau to maintain a list of all licensees whose disciplinary records are altered as a result of the petition process and to update the list and make it available to other licensing bodies, as specified. -This bill would incorporate additional changes in Section 10083.2 of the Business and Professions Code proposed by AB 2330, that would become operative only if AB 2330 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Section 10083.2 of the Business and Professions Code, relating to real estate licensees, and making an appropriation therefor." -930,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 124260 of the Health and Safety Code is amended to read: -124260. -(a) As used in this section: -(1) “Mental health treatment or counseling services” means the provision of outpatient mental health treatment or counseling by a professional person, as defined in paragraph (2). -(2) “Professional person” means any of the following: -(A) A person designated as a mental health professional in Sections 622 to 626, inclusive, of Title 9 of the California Code of Regulations. -(B) A marriage and family therapist, as defined in Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code. -(C) A licensed educational psychologist, as defined in Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code. -(D) A credentialed school psychologist, as described in Section 49424 of the Education Code. -(E) A clinical psychologist licensed under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code. -(F) Any of the following persons, while working under the supervision of a licensed professional specified in Section 2902 of the Business and Professions Code: -(i) A registered psychologist, as defined in Section 2909.5 of the Business and Professions Code. -(ii) A registered psychological assistant, as defined in Section 2913 of the Business and Professions Code. -(iii) A psychology trainee, as defined in Section 1387 of Title 16 of the California Code of Regulations. -(G) A licensed clinical social worker, as defined in Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code. -(H) An associate clinical social worker, or a social work intern, as defined in Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, while working under the supervision of a licensed professional specified in paragraph (1) of subdivision (a) of Section 4996.23 of the Business and Professions Code. -(I) A person registered as a marriage and family therapist intern, or a marriage and family therapist trainee, as defined in Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, while working under the supervision of a licensed professional specified in subdivision (g) of Section 4980.03 of the Business and Professions Code. -(J) A board certified, or board eligible, psychiatrist. -(K) A licensed professional clinical counselor, as defined in Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code. -(L) A person registered as a clinical counselor intern, or a clinical counselor trainee, as defined in Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code, while working under the supervision of a licensed professional specified in subdivision (h) of Section 4999.12 of the Business and Professions Code. -(b) (1) Notwithstanding any provision of law to the contrary, a minor who is 12 years of age or older may consent to mental health treatment or counseling services if, in the opinion of the attending professional person, the minor is mature enough to participate intelligently in the mental health treatment or counseling services. -(2) A marriage and family therapist trainee, a clinical counselor trainee, a psychology trainee, or a social work intern, as specified in paragraph (2) of subdivision (a), shall notify his or her supervisor or, if the supervisor is unavailable, an on-call supervisor at the site where the trainee or intern volunteers or is employed within 24 hours of treating or counseling a minor pursuant to paragraph (1). If upon the initial assessment of the minor the trainee or intern believes that the minor is a danger to self or to others, the trainee or intern shall notify the supervisor or, if the supervisor is unavailable, the on-call supervisor immediately after the treatment or counseling session. -(3) Nothing in paragraph (2) is intended to supplant, alter, expand, or remove any other reporting responsibilities required of trainees or interns under law. -(c) Notwithstanding any provision of law to the contrary, the mental health treatment or counseling of a minor authorized by this section shall include involvement of the minor’s parent or guardian, unless the professional person who is treating or counseling the minor, after consulting with the minor, determines that the involvement would be inappropriate. The professional person who is treating or counseling the minor shall state in the client record whether and when the person attempted to contact the minor’s parent or guardian, and whether the attempt to contact was successful or unsuccessful, or the reason why, in the professional person’s opinion, it would be inappropriate to contact the minor’s parent or guardian. -(d) The minor’s parent or guardian is not liable for payment for mental health treatment or counseling services provided pursuant to this section unless the parent or guardian participates in the mental health treatment or counseling, and then only for services rendered with the participation of the parent or guardian. -(e) This section does not authorize a minor to receive convulsive treatment or psychosurgery, as defined in subdivisions (f) and (g) of Section 5325 of the Welfare and Institutions Code, or psychotropic drugs without the consent of the minor’s parent or guardian.","Existing law authorizes a minor who is 12 years of age or older to consent to outpatient mental health treatment or counseling services, notwithstanding any provision of law to the contrary, if, in the opinion of the attending professional person, the minor is mature enough to participate intelligently in those services. Existing law defines “professional person,” for the purposes of those provisions, to include, among others, a marriage and family therapist, a marriage and family therapist intern, a professional clinical counselor, a clinical counselor intern, a clinical psychologist, and a clinical social worker, as specified. -This bill would additionally authorize a marriage and family therapist trainee, a clinical counselor trainee, a registered psychologist, a registered psychological assistant, a psychology trainee, an associate clinical social worker, and a social work intern, while working under the supervision of certain licensed professionals, respectively, to provide those services. The bill would require the marriage and family therapist trainee, the clinical counselor trainee, the psychology trainee, or the social work intern to notify his or her supervisor or an on-call supervisor, as specified, at the site where the trainee or intern volunteers or is employed within 24 hours of treating or counseling a minor. The bill would require the trainee or intern, if upon the initial assessment of the minor the trainee or intern believes that the minor is a danger to self or to others, to notify the supervisor, as specified, immediately after the treatment or counseling session. The bill would also change the definition of clinical psychologist for these purposes and would make a technical, nonsubstantive change.","An act to amend Section 124260 of the Health and Safety Code, relating to minors." -931,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14557 of the Food and Agricultural Code is amended to read: -14557. -“Provisional registration” means that under certain circumstances, a label for renewal on an auxiliary soil and plant substance, packaged agricultural mineral, packaged soil amendment, organic input material, or specialty fertilizer, alone or in any combination, may be registered for a limited period of time while labels are being corrected and reprinted or during registration renewal. -SEC. 2. -Section 14601 of the Food and Agricultural Code is amended to read: -14601. -(a) Each differing label, other than weight or package size, such as changes in the guaranteed analysis, derivation statement, or anything that implies a different product, for specialty fertilizer, packaged agricultural mineral, auxiliary soil and plant substance, organic input material, and packaged soil amendment shall be registered. The department may develop a schedule for all registrations to be submitted to the department for approval, and registrations shall be valid for two years. The registration fee shall not exceed two hundred dollars ($200) per product, except for organic input material. -(b) Notwithstanding subdivision (a), the registration fee for organic input material shall not exceed five hundred dollars ($500) per product, as the registration of organic input material labels require additional departmental resources and review time to ensure that nutrient guarantees and claims are scientifically feasible and meet National Organic Program standards. Funds generated from the registration of organic input material shall be deposited into the Organic Input Materials Account in the Department of Food and Agriculture Fund and, notwithstanding Section 221, shall be available upon appropriation by the Legislature. -(c) The secretary may, based on the findings and recommendations of the board, reduce the registration fees to a lower rate that provides sufficient revenue to carry out this chapter. -(d) Registrations may not be issued without a current license. -(e) The secretary may require proof of labeling statements and other claims made for any specialty fertilizer, agricultural mineral, packaged soil amendment, organic input material, or auxiliary soil and plant substance, before the secretary registers any such product. As evidence of proof, the secretary may rely on experimental data, evaluations, or advice furnished by scientists, including scientists affiliated with the University of California, and may accept or reject additional sources of proof in the evaluation of any fertilizing material. In all cases, experimental proof shall relate to conditions in California under which the product is intended for use. -(f) The secretary may perform site inspections of organic input material manufacturing processes used to validate label nutrient guarantees, claims, and compliance with National Organic Program standards giving priority to inspecting high-risk products and manufacturers. The department may accept inspections performed by a third-party organization approved by the secretary for organic input material manufacturers. All inspection records obtained by a contracted third-party organization shall be made available to the secretary upon request. When a contracted third-party organization is conducting a site inspection, the organization shall notify the department of when the inspection is going to take place no less than 72 hours in advance of the inspection. Department representatives may be present at the inspection. -(g) (1) The secretary, after hearing, may cancel the registration of, or refuse to register, any specialty fertilizer, packaged agricultural mineral, packaged soil amendment, organic input material, or auxiliary soil and plant substance, which the secretary determines is detrimental or injurious to plants, animals, public safety, or the environment when it is applied as directed, which is known to be of little or no value for the purpose for which it is intended, or for which any false or misleading claim is made or implied. The secretary may cancel the registration of any product of any person who violates this chapter. -(2) The proceedings to determine whether to cancel or refuse registration of any of those products shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The secretary shall have all the powers that are granted pursuant to Chapter 5. -SEC. 3. -Section 14603 of the Food and Agricultural Code is amended to read: -14603. -Each application for renewal shall be accompanied by a fee not to exceed two hundred dollars ($200) for each product label. If a registration is not renewed within one calendar month following expiration, a penalty of fifty dollars ($50) per product label shall be added to the fee. -SEC. 4. -Section 14604 is added to the Food and Agricultural Code, to read: -14604. -The secretary may grant a provisional registration for a period not exceeding six months for a registered product undergoing renewal. All fees shall be paid before the issuance of any provisional registration. -SEC. 5. -Section 14681 of the Food and Agricultural Code is amended to read: -14681. -No person shall distribute misbranded fertilizing materials. A fertilizing material shall be deemed to be misbranded under any of the following conditions: -(a) If its labeling is false or misleading in any particular way. -(b) If it is distributed under the name of another fertilizing material, as determined by the department. -(c) If it is not labeled as required by regulations adopted pursuant to this chapter. -(d) If it purports to be, or is represented as, a fertilizing material, or is represented as containing a primary or secondary plant nutrient or micronutrients, or both, unless the plant nutrients conform to the definition of identity, if any, prescribed by regulation. In adopting these regulations, due regard shall be given to commonly accepted definitions and official fertilizer terms such as those prescribed by the Association of American Plant Food Control Officials.","Existing law generally regulates fertilizing materials, as defined and which includes organic input material, and provides for the licensure of individuals who manufacture or distribute fertilizing materials. Existing law requires organic input material manufacturers to be inspected at least once per year. Existing law, for purposes of those provisions, defines “provisional registration” to mean that under certain circumstances, a label for renewal on an auxiliary soil and plant substance, packaged agricultural mineral, packaged soil amendment, organic input material, or specialty fertilizer, alone or in any combination, may be registered for a limited period of time while labels are being corrected and reprinted. -This bill would provide that such a label for renewal may be registered for a limited period of time while labels are being corrected and reprinted or during registration renewal. -Existing law requires that each differing label, other than weight or package size, as described, for specialty fertilizer, packaged agricultural mineral, auxiliary soil and plant substance, organic input material, and packaged soil amendment be registered, and requires that all registrations be renewed in January of an even-numbered year, and be valid until December 31 of the following odd-numbered year, if issued in January of that same year. -This bill would delete those provisions regarding the date for renewal of those registrations and would instead authorize the Department of Food and Agriculture to develop a schedule for all registration to be submitted to the department for approval and would require that registrations be valid for 2 years. -Existing law authorizes the Secretary of Food and Agriculture to perform site inspections of organic input material manufacturing processes used to validate label nutrient guarantees, claims, and compliance with specified federal standards during the registration process, and to accept inspections performed by a 3rd-party organization recognized by the National Organic Program for out-of-state organic input material manufacturers. Existing law requires all inspection records obtained by the 3rd-party organization to be made available to the secretary upon request. -This bill would eliminate the requirement that organic input material manufacturers be inspected at least once per year, and would delete the limitation that the secretary is authorized to perform site inspections of organic input material manufacturing processes only during the registration process. The bill would provide that those site inspections give priority to inspecting high-risk products and manufacturers. The bill would authorize the Department of Food and Agriculture to accept inspections performed by a 3rd-party organization approved by the secretary for organic input material manufacturers. The bill would require all inspection records obtained by a contracted 3rd-party organization to be made available to the secretary upon request. -This bill would authorize the secretary to grant a provisional registration for a period not exceeding 6 months for a registered product undergoing renewal. The bill would make various changes to the dates during which registration and renewals are valid. -Existing law prohibits a person from distributing a misbranded fertilizing material under specified conditions, including, among other things, if the misbranded fertilizing material is deemed to be distributed under the name of another fertilizing material. -This bill would revise that condition to prohibit distribution of a misbranded fertilizing material deemed to be distributed under the name of another fertilizing material, as determined by the department.","An act to amend Sections 14557, 14601, 14603, and 14681 of, and to add Section 14604 to, the Food and Agricultural Code, relating to fertilizer." -932,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 667.61 of the Penal Code is amended to read: -667.61. -(a) Except as provided in subdivision (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 25 years to life. -(b) Except as provided in subdivision (a), (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 15 years to life. -(c) This section shall apply to any of the following offenses: -(1) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261. -(2) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262. -(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. -(4) Lewd or lascivious act, in violation of subdivision (b) of Section 288. -(5) Sexual penetration, in violation of subdivision (a) of Section 289. -(6) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286. -(7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 288a. -(8) Lewd or lascivious act, in violation of subdivision (a) of Section 288. -(9) Continuous sexual abuse of a -child, -child -in violation of Section 288.5. -(10) Rape, in violation of paragraph (1) of subdivision (a) of Section 261, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. -(11) Sexual penetration, in violation of subdivision (b) of Section 289, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. -(12) Sodomy, in violation of subdivision (g) of Section 286, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. -(13) Oral copulation, in violation of subdivision (g) of Section 288a, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. -(d) The following circumstances shall apply to the offenses specified in subdivision (c): -(1) The defendant has been previously convicted of an offense specified in subdivision (c), including an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c). -(2) The defendant kidnapped the victim of the present offense and the movement of the victim substantially increased the risk of harm to the victim over and above that level of risk necessarily inherent in the underlying offense in subdivision (c). -(3) The defendant inflicted aggravated mayhem or torture on the victim or another person in the commission of the present offense in violation of Section 205 or 206. -(4) The defendant committed the present offense during the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, with intent to commit an offense specified in subdivision (c). -(5) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (2), (3), or (4) of this subdivision. -(6) The defendant personally inflicted great bodily injury on the victim or another person in the commission of the present offense in violation of Section 12022.53, 12022.7, or 12022.8. -(7) The defendant personally inflicted bodily harm on the victim who was under 14 years of age. -(e) The following circumstances shall apply to the offenses specified in subdivision (c): -(1) Except as provided in paragraph (2) of subdivision (d), the defendant kidnapped the victim of the present offense in violation of Section 207, 209, or 209.5. -(2) Except as provided in paragraph (4) of subdivision (d), the defendant committed the present offense during the commission of a burglary in violation of Section 459. -(3) The defendant personally used a dangerous or deadly weapon or a firearm in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5, or 12022.53. -(4) The defendant has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim. -(5) The defendant engaged in the tying or binding of the victim or another person in the commission of the present offense. -(6) The defendant administered a controlled substance to the victim in the commission of the present offense in violation of Section 12022.75. -(7) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (1), (2), (3), (5), or (6) of this subdivision or paragraph (6) of subdivision (d). -(f) If only the minimum number of circumstances specified in subdivision (d) or (e) that are required for the punishment provided in subdivision (a), (b), (j), (l), or (m) to apply have been pled and proved, that circumstance or those circumstances shall be used as the basis for imposing the term provided in subdivision (a), (b), (j), (l), or (m) whichever is greater, rather than being used to impose the punishment authorized under any other provision of law, unless another provision of law provides for a greater penalty or the punishment under another provision of law can be imposed in addition to the punishment provided by this section. However, if any additional circumstance or circumstances specified in subdivision (d) or (e) have been pled and proved, the minimum number of circumstances shall be used as the basis for imposing the term provided in subdivision (a), (j), or (l) and any other additional circumstance or circumstances shall be used to impose any punishment or enhancement authorized under any other provision of law. -(g) Notwithstanding Section 1385 or any other provision of law, the court shall not strike any allegation, admission, or finding of any of the circumstances specified in subdivision (d) or (e) for any person who is subject to punishment under this section. -(h) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person who is subject to punishment under this section. -(i) For any offense specified in paragraphs (1) to (7), inclusive, of subdivision (c), or in paragraphs (1) to (6), inclusive, of subdivision (n), the court shall impose a consecutive sentence for each offense that results in a conviction under this section if the crimes involve separate victims or involve the same victim on separate occasions -, -as defined in subdivision (d) of Section 667.6. -(j) (1) Any person who is convicted of an offense specified in subdivision (c), with the exception of a violation of subdivision (a) of Section 288, upon a victim who is a child under 14 years of age under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), shall be punished by imprisonment in the state prison for life without the possibility of parole. Where the person was under 18 years of age at the time of the offense, the person shall be punished by imprisonment in the state prison for 25 years to life. -(2) Any person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e), upon a victim who is a child under 14 years of age, shall be punished by imprisonment in the state prison for 25 years to life. -(k) As used in this section, “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit an offense specified in subdivision (c). -(l) Any person who is convicted of an offense specified in subdivision (n) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), upon a victim who is a -minor -minor, -14 years of age or -older -older, -shall be punished by imprisonment in the state prison for life without the possibility of parole. If the person who was convicted was under 18 years of age at the time of the offense, he or she shall be punished by imprisonment in the state prison for 25 years to life. -(m) Any person who is convicted of an offense specified in subdivision (n) under one of the circumstances specified in subdivision (e) against a -minor -minor, -14 years of age or -older -older, -shall be punished by imprisonment in the state prison for 25 years to life. -(n) Subdivisions (l) and (m) shall apply to any of the following offenses: -(1) Rape, in violation of paragraph (2) of subdivision (a) of Section 261. -(2) Spousal rape, in violation of paragraph (1) of subdivision (a) of Section 262. -(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. -(4) Sexual penetration, in violation of paragraph (1) of subdivision (a) of Section 289. -(5) Sodomy, in violation of paragraph (2) of subdivision (c) of Section 286, or in violation of subdivision (d) of Section 286. -(6) Oral copulation, in violation of paragraph (2) of subdivision (c) of Section 288a, or in violation of subdivision (d) of Section 288a. -(7) Rape, in violation of paragraph (1) of subdivision (a) of Section 261, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. -(8) Sexual penetration, in violation of subdivision (b) of Section 289, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. -(9) Sodomy, in violation of subdivision (g) of Section 286, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. -(10) Oral copulation, in violation of subdivision (g) of Section 288a, if the victim was “developmentally disabled,” as defined in subdivision (d) of Section 667.9, and that fact is alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. -(o) The penalties provided in this section shall apply only if the existence of any circumstance specified in subdivision (d) or (e) is alleged in the accusatory pleading pursuant to this section, and is either admitted by the defendant in open court or found to be true by the trier of fact. -SEC. 2. -Section 667.9 of the Penal Code is amended to read: -667.9. -(a) Any person who commits one or more of the crimes specified in subdivision (c) against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under the age of 14 years, and that disability or condition is known or reasonably should be known to the person committing the crime, shall receive a one-year enhancement for each violation. -(b) Any person who commits a violation of subdivision (a) and who has a prior conviction for any of the offenses specified in subdivision (c), shall receive a two-year enhancement for each violation in addition to the sentence provided under Section 667. -(c) Subdivisions (a) and (b) apply to the following crimes: -(1) Mayhem, in violation of Section 203 or 205. -(2) Kidnapping, in violation of Section 207, 209, or 209.5. -(3) Robbery, in violation of Section 211. -(4) Carjacking, in violation of Section 215. -(5) Rape, in violation of paragraph -(2) -(1), (2), -or (6) of subdivision (a) of Section 261. -(6) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262. -(7) Rape, spousal rape, or sexual penetration in concert, in violation of Section 264.1. -(8) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision -(d), -(d) or (g), -of Section 286. -(9) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision -(d), -(d) or (g), -of Section 288a. -(10) Sexual penetration, in violation of subdivision (a) -or (b) -of Section 289. -(11) Burglary of the first degree, as defined in Section 460, in violation of Section 459. -(d) As used in this section, “developmentally disabled” means a severe, chronic disability of a person, which is all of the following: -(1) Attributable to a mental or physical impairment or a combination of mental and physical impairments. -(2) Likely to continue indefinitely. -(3) Results in substantial functional limitation in three or more of the following areas of life activity: -(A) Self-care. -(B) Receptive and expressive language. -(C) Learning. -(D) Mobility. -(E) Self-direction. -(F) Capacity for independent living. -(G) Economic self-sufficiency. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law, as amended by Proposition 83, the Sexual Predator Punishment and Control Act (Jessica’s Law), approved by the voters at the November 7, 2006, statewide general election, makes a defendant subject to imprisonment in the state prison for 25 years to life if convicted of certain crimes, including rape, sexual penetration, sodomy, oral copulation, continuous sexual abuse of a child, or rape, spousal rape, or sexual penetration in concert, if certain circumstances were present, including, among other things, in the commission of that offense, any person kidnapped the victim, tortured the victim, or committed the offense during the commission of a burglary, as specified. Existing law also makes a defendant subject to imprisonment in the state prison for 15 years to life if convicted of certain crimes, including rape, sexual penetration, sodomy, oral copulation, continuous sexual abuse of a child, or rape, spousal rape, or sexual penetration in concert, if certain circumstances were present, including, among other things, in the commission of that offense any person, except as specified in the provisions above, kidnapped the victim, committed the offense during the commission of a burglary, or used a dangerous or deadly weapon in the commission of the offense. Proposition 83 provides that the Legislature may amend the provisions of the act to expand the scope of their application or increase the punishment or penalties by a statute passed by a majority vote of each house of the Legislature. -This bill would add the crimes of rape, sexual penetration, sodomy, and oral copulation, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, to the above provisions, if the victim is developmentally disabled, as defined. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. -(2) Existing law makes a defendant subject to imprisonment in the state prison for 25 years to life if convicted of certain crimes, including rape, spousal rape or sexual penetration in concert, sexual penetration, sodomy, or oral copulation if certain circumstances were present, including, among other things, in the commission of that offense, any person kidnapped the victim, committed the offense during the commission of a burglary, or used a dangerous or deadly weapon in the commission of the offense, or under other specified circumstances, and the crime was committed against a minor 14 years of age or older. -This bill would add the crimes of rape, sexual penetration, sodomy, and oral copulation, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, to the above provisions, if the victim is developmentally disabled, as defined. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. -(3) Existing law requires that a person who commits certain enumerated crimes, including rape, sodomy, oral copulation, and sexual penetration, against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under 14 years of age, receive a one-year sentence enhancement and requires that any person having a prior conviction for any of the enumerated offenses receive a 2-year sentence enhancement. -This bill would add to the enumerated list of crimes rape, sodomy, oral copulation, and sexual penetration, perpetrated against a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent. By applying the above enhancements to these crimes, this bill would impose a state-mandated local program. -(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 667.61 and 667.9 of the Penal Code, relating to sex offenses." -933,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) According to the 2016 report of the Public Policy Institute of California entitled California’s Future: Health Care, significant health disparities exist among socioeconomic, racial, ethnic, and regional groups in California. African Americans and persons with a high school education or less have significantly lower life expectancies than other groups of people, and individuals in some regions of the state or in particular communities face other significant health obstacles. -(b) The ability to translate medical findings from research to practice relies largely on having robust patient participation and a diverse participation pool. A low participation rate or a homogenous participant group prevents segments of the population from benefiting from advances achieved through clinical research and creates uncertainties over the applicability of research findings. Diverse patient participation in a clinical trial depends, in part, on whether a participant can afford ancillary costs like transportation, child care, or lodging during the course of his or her participation. A national study in 2015 found that patient households making less than $50,000 annually were almost 30 percent less likely to participate in clinical trials. This disparity threatens one of the most basic ethical underpinnings of clinical research, the requirement that the benefits of research be made available equitably among all eligible individuals. -(c) California is home to the following 10 National Cancer Institute-Designated Cancer Centers that perform cancer clinical trials research: -(1) University of California, Irvine, Chao Family Comprehensive Cancer Center. -(2) City of Hope Comprehensive Cancer Center. -(3) University of California, Los Angeles, Jonsson Comprehensive Cancer Center. -(4) Salk Institute Cancer Center. -(5) Sanford Burnham Prebys Medical Discovery Institute. -(6) Stanford Cancer Institute. -(7) University of California, Davis, Comprehensive Cancer Center. -(8) University of California, San Diego, Moores Cancer Center. -(9) University of California, San Francisco, Helen Diller Family Comprehensive Cancer Center. -(10) University of Southern California, Norris Comprehensive Cancer Center. -(d) Cancer is the cause of almost one in four deaths in California. It is the second leading cause of death for Californians and the primary cause of death among Californian Asian/Pacific Islanders. A Californian will be diagnosed with cancer approximately every four minutes, and every 10 minutes a Californian will die of cancer. African American Californians in particular face disproportionally higher rates of cancer incidence and mortality compared to other races and ethnicities. -(e) Addressing barriers faced by medically underserved and underrepresented individuals in cancer and other clinical trials and improving access to survivorship resources and services through partnerships with hospitals, regional and community cancer centers, and nonprofit organizations are some of the strategies recommended by the California Dialogue on Cancer, established in 2002 by California’s Comprehensive Cancer Control Program to reduce the burden of cancer in California. -(f) According to the National Cancer Institute Cancer Clinical Trials Resource Guide, some of the barriers preventing individuals with cancer or at high risk of developing cancer from participating in clinical trials are direct and indirect financial and personal costs, including travel and child care expenses. -(g) It is the finding of the Legislature that some corporations, individuals, public and private foundations, health care providers, and other stakeholders are hesitant to contribute to, or accept funds from, programs that are organized to alleviate financial burdens faced by patients who wish to participate in clinical trials and their caregivers, due to concerns that federal regulators would view the payments made from those funds as prohibited inducements for patients to receive the health care services provided during clinical trials. -(h) It is the intent of the Legislature to enact legislation that would establish a program to authorize business, industry, public and private foundations, individuals, and other stakeholders to donate to the program described in this act, as well as to other nonprofit corporations and public charities that specialize in the enrollment, retention, and increased participation of patients in cancer clinical trials. -(i) It is the intent of the Legislature to enact legislation that would establish a program to better enable donors willing to assist clinical research participants that have documented low levels of access to health services or participation in clinical trials, face financial barriers to participation in clinical trials, or have been identified as priorities for health services, to participate in clinical trials by supporting ancillary costs to boost participation rates among the research participant populations, ensure these trials are widely accessible, improve the development of therapies, and enhance innovation. It is the intent of the Legislature that this program eliminate barriers to the participation of all patients, regardless of socioeconomic status, in clinical trials. -SEC. 2. -Part 7 (commencing with Section 101990) is added to Division 101 of the Health and Safety Code, to read: -PART 7. California Cancer Clinical Trials Program -101990. -For purposes of this part, the following definitions shall apply: -(a) “Board” means the Board of Trustees of the California Cancer Clinical Trials Program. -(b) “Eligible cancer clinical trial” means a clinical trial, as defined in Section 300gg-8(d) of Title 42 of the United States Code, that is conducted in the state, that targets cancer, and that is regulated by the United States Food and Drug Administration. -(c) “Fund” or “clinical trials fund” refers to a fund established by or on behalf of the program administrator to support the program. -(d) “Program” means the California Cancer Clinical Trials Program. -(e) “Program administrator” means the institute or office designated by the University of California pursuant to subdivision (a) of Section 101991. -(f) “Program grant recipient” means an organization that receives support from the fund to carry out the purposes of this part. -(g) “University” means the University of California. -101991. -The university is hereby requested to do all of the following: -(a) Establish or designate an institute or office within the university to administer the program. -(b) Establish the board, to consist of at least five members, appointed by the president of the university to represent institutions and individuals performing, participating in, and supporting eligible cancer clinical trials in California. -(1) The members shall have varying backgrounds to promote the purposes of this part. -(2) The board shall be qualified through the experience, expertise, and diversity of its members in the design, implementation, and support of clinical trials, and through studying and addressing socioeconomic, ethnic or racial, regional, and other barriers to participation and interventions to remove those barriers. -(3) Efforts shall be made to include representatives of a range of public and private research institutions, health care providers, health care foundations, and patient advocacy organizations. -(4) All persons appointed to the board shall have an interest in increasing and diversifying access to eligible cancer clinical trials and the ability and desire to solicit funds for the purpose of increasing and diversifying access to clinical trials as provided in this part. -(5) Members of the board shall serve without compensation. A board member shall be reimbursed for any actual, necessary, and reasonable expenses incurred in connection with his or her duties as a board member. -(6) (A) The program administrator may adjust administrative costs available for use in the program based on the size of the program and the funds that are received. -(B) Notwithstanding subparagraph (A), the program administrator shall use no more than 20 percent of the funds that are made available for the program for administrative costs. -(C) Notwithstanding subparagraph (B), in the first year of the program, the program administrator may use more than 20 percent of the funds for administrative costs, in order to fund the costs of establishing the program. -(c) Publicize to National Cancer Institute-Designated Cancer Centers, community organizations, hospitals, hospital associations, industry, health care foundations, and government agencies, the opportunity to submit nominations for board membership to the president of the university. -(d) Publicize the availability of grants made available through the program to organizations described in subdivision (a) of Section 101994.5. -101992. -(a) The university may participate in the program as the program administrator, a beneficiary, or both. -(b) Prior to establishing the program, the university may pursue any federal, state, or internal approvals, authorizations, or advice it deems necessary to the university’s participation. -(c) The university may decline to establish or participate in the program. -(d) The university may terminate the program if it determines that the program is not viable. -101993. -(a) The program administrator, directly or through a university-affiliated foundation, may solicit funds from business, industry, foundations, research organizations, federal government agencies, individuals, and other private sources for the purpose of administering the program and awarding grants to increase patient access to clinical trials targeting cancer, consistent with guidelines established by the board. -(b) (1) Subject to paragraph (2), only funds from federal or private sources may be used to administer the program or award grants. -(2) The university may use its own state source funds for oversight and administration of the program relating to the initial start-up costs of the program only, provided the university is reimbursed from federal or private sources funds. -101993.5. -Any funds, personnel, facility, equipment, or other resources that are allocated by the university to establish and operate the program shall be reimbursed to the university, from moneys donated to the fund, prior to distribution by the program of any grants to any entity that is designated under subdivision (a) of Section 101994.5. -101994. -Upon the program administrator’s receipt of at least five hundred thousand dollars ($500,000) in funding for the program, the program administrator shall establish the fund and the Cancer Clinical Trials Grant Program to increase patient access to eligible cancer clinical trials in underserved or disadvantaged communities and populations, including among women and patients from racial and ethnic minority communities and socioeconomically disadvantaged communities. -101994.5. -(a) The board shall determine the criteria to award and administer grants to support program grant recipients. The board may award grants to any or all of the following: -(1) Public and private research institutions and hospitals that conduct eligible cancer clinical trials. -(2) Nonprofit organizations that are exempt from taxation under Section 501(c) of the Internal Revenue Code and that do either of the following: -(A) Specialize in direct patient support for improved clinical trial enrollment and retention. -(B) Engage in research on health disparities and their relationship to clinical trial enrollment. -(b) Grants awarded pursuant to subdivision (a) shall be used for activities to increase patient access to eligible cancer clinical trials, including, but not limited to, any of the following: -(1) Patient navigator services or programs. -(2) Education and community outreach. -(3) Patient-friendly technical tools to assist patients in identifying available clinical trials. -(4) Counseling services for clinical trial participants. -(5) Well-being services for clinical trial participants, including, but not limited to, physical therapy, pain management, stress management, and nutrition management. -(6) Payment of ancillary costs for patients and caregivers, including, but not limited to, all of the following during and related to participation in the clinical trial: -(A) Airfare. -(B) Lodging. -(C) Rental automobile and fuel for the automobile. -(D) Local public transportation by bus, train, or other public transportation. -(E) Meals. -(F) Dependent child care. -(7) Research on the effectiveness of these and other measures to increase patient access to clinical trials. -(c) When determining program grant recipients pursuant to subdivision (a), the board is encouraged to grant special consideration to public or nonprofit applicants that provide patient services related to cancer clinical trials that address health disparities or that possess two or more years’ experience in the improvement of enrollment, retention, or participation in cancer clinical trial participation with an emphasis on underserved populations. -101995. -(a) The program administrator shall require grantees to submit any reports it deems necessary to ensure the appropriate use of funds consistent with the purposes of this part and the terms of any grant awards. -(b) The university may require the board to submit reports pertaining to the program’s and the board’s activities to the Regents of the University of California, including, but not limited to, the following information: -(1) An accounting of funds collected and expended. -(2) An evaluation of the program. -(3) Recommendations regarding the program. -101996. -(a) If the university determines at any time that the moneys in the fund are insufficient to establish or sustain the program, the university may terminate the program. -(b) If the fund does not receive five hundred thousand dollars ($500,000) or more by January 1, 2021, or, if at any time, the program administrator determines that the 20 percent limit on administrative costs set forth in subparagraph (B) of paragraph (6) of subdivision (b) of Section 101991 is inadequate to support the cost of administering the program authorized pursuant to this part, the program administrator may elect to dissolve the program. -(c) All moneys in the fund remaining after expenses are paid shall, prior to dissolution, be allocated to one or more organizations described in subdivision (a) of Section 101994.5. -101997. -This part does not preclude the university from establishing or operating one or more similar programs to facilitate participation in any clinical trials, as defined in Section 300gg-8(d) of Title 42 of the United States Code.","Existing law, the Inclusion of Women and Minorities in Clinical Research Act, requires a grantee, defined to include, but not be limited to, a college or university that conducts clinical research using state funds, to ensure that women and minority groups are included as subjects in each research project, except as provided. Existing law establishes the University of California. -This bill would provide for the establishment of the California Cancer Clinical Trials Program and would request that the University of California establish or designate an institute or office within the university to administer the program, which would be governed by a board of at least 5 members appointed by the president of the university. The bill would authorize the program administrator to solicit funds from various specified sources for purposes of the program and would require the program administrator, upon receipt of at least $500,000 in funding, to establish the Cancer Clinical Trials Grant Program to increase patient access to eligible cancer clinical trials in underserved or disadvantaged communities and populations, as specified.","An act to add Part 7 (commencing with Section 101990) to Division 101 of the Health and Safety Code, relating to clinical trials." -934,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 655.1 of the Harbors and Navigation Code is amended to read: -655.1. -(a) As used in this section, “mechanically propelled vessel” means any vessel actively propelled by machinery, whether or not the machinery is the principal source of propulsion. -(b) (1) A peace officer, having reasonable cause to believe that any person was operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug, who lawfully arrests the person for any violation of subdivision (b), (c), (d), (e), or (f) of Section 655, may request that person to submit to chemical testing of his or her blood, breath, or urine for the purpose of determining the drug or alcoholic content of the blood. -(2) The arrested person shall be advised of all of the following: -(A) A criminal complaint may be filed against him or her for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. -(B) He or she has a right to refuse chemical testing. -(C) An officer has the authority to seek a search warrant compelling the arrested person to submit a blood sample as described in paragraph (16) of subdivision (a) of Section 1524 of the Penal Code. -(D) He or she does not have the right to have an attorney present before stating whether he or she will submit to the chemical testing, before deciding which chemical test or tests to take, or during the administration of the chemical test or tests chosen. -(c) If the person is lawfully arrested for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage and submits to the chemical testing, the person has the choice of whether the chemical test shall be of his or her blood or breath and the person shall be advised by the arresting officer that he or she has that choice. If the person arrested either is incapable, or states that he or she is incapable, of completing the chosen test, the person shall submit to the remaining test. If a blood or breath test, or both, are unavailable, then subdivision (n) applies. -(d) If the person is lawfully arrested for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of any drug or the combined influence of an alcoholic beverage and any drug and submits to the chemical testing, the person has the choice of whether the chemical test shall be of his or her blood, breath, or urine, and the officer shall advise the person that he or she has that choice. -(e) A person who chooses to submit to a breath test may also be requested to submit to a blood or urine test if the arresting officer has reasonable cause to believe that the person was operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of any drug, or the combined influence of an alcoholic beverage and any drug, and if the arresting officer has a clear indication that a blood or urine test will reveal evidence of the person being under the influence. The arresting officer shall state in his or her report the facts upon which that belief and that clear indication are based. The person shall have the choice of submitting to and completing a blood or urine test, and shall be advised by the arresting officer that he or she is requested to submit to an additional test, and that he or she may choose a test of either blood or urine. If the person arrested is either incapable, or states that he or she is incapable, of completing either chosen chemical test, the person shall submit to and complete the other remaining chemical test. -(f) (1) A person who chooses to submit to a breath test shall be advised before or after the breath test that the breath-testing equipment does not retain any sample of the breath, and that no breath sample will be available after the breath test which could be analyzed later by the person or any other person. -(2) The person shall also be advised that, because no breath sample is retained, the person will be given an opportunity to provide a blood or urine sample that will be retained at no cost to the person so that there will be something retained that may be subsequently analyzed for the alcoholic content of the persons’s blood. If the person completes a breath test and wishes to provide a blood or urine sample to be retained, the sample shall be collected and retained in the same manner as if the person had chosen a blood or urine test initially. -(3) The person shall also be advised that the blood or urine sample may be tested by either party in any criminal prosecution. The failure of either party to perform this chemical test shall place no duty upon the opposing party to perform the chemical test nor affect the admissibility of any other evidence of the drug or alcoholic content of the blood of the person arrested. -(g) If the person is lawfully arrested for any offense allegedly committed in violation of subdivision (b), (c), (d), (e), or (f) of Section 655, and because of the need for medical treatment, the person is first transported to a medical facility where it is not feasible to administer a particular chemical test of, or to obtain a particular sample of, the person’s blood, breath, or urine, the person has the choice of submitting to those chemical tests which are available at the facility to which that person has been transported. In this event, the arresting officer shall advise the person of those chemical tests which are available at the medical facility, and that the person’s choice is limited to those chemical tests which are available. -(h) Any person who is unconscious or otherwise in a condition rendering him or her incapable of refusal may be subjected to chemical testing of his or her blood, breath, or urine for the purpose of determining the drug or alcoholic content of the blood, whether or not the person is advised of the information specified in paragraph (2) of subdivision (b). -(i) Any person who is afflicted with hemophilia is exempt from the blood test provided for in this section. -(j) Any person who is afflicted with a heart condition and is using an anticoagulant under the direction of a licensed physician and surgeon is exempt from the blood test provided for in this section. -(k) A person lawfully arrested for any offense allegedly committed while the person was operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device in violation of subdivision (b), (c), (d), (e), or (f) of Section 655 may request the arresting officer to have a chemical test made of his or her blood or breath for the purpose of determining the drug or alcoholic content of the blood and, if so requested, the arresting officer shall have the chemical test performed. However, if a blood or breath test, or both, are unavailable, then subdivision (n) applies. -(l) Any chemical test of blood, breath, or urine to determine the percentage, by weight, of alcohol in the blood shall be performed in accordance with Section 23158 of the Vehicle Code. -(m) Nothing in this section limits the authority of a peace officer to gather evidence from a person lawfully arrested for a violation of subdivision (b), (c), (d), (e), or (f) of Section 655. -(n) If a blood or breath test is not available under paragraph (1) of subdivision (c) or under subdivision (k), the person shall submit to the remaining test in order to determine the percentage, by weight, of alcohol in the person’s blood. If both the blood and breath tests are unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law makes it unlawful for any person to operate a vessel or water-related device while under the influence of an alcoholic beverage or any drug, or both. Existing law directs the administration of a chemical test that is used to analyze an individual’s breath, blood, or urine for evidence of drug or alcohol use when the individual is arrested for these actions. Existing law requires the arrested individual to be informed that a refusal to submit to, or failure to complete, the required chemical testing may be used against the person in court and that the court, upon convicting the arrested individual, may impose increased penalties for his or her refusal or failure. -This bill would instead require the arrested individual to be advised that a criminal complaint may be filed against him or her for operating a vessel or water-related device while under the influence of an alcoholic beverage or any drug, or both; that he or she has a right to refuse chemical testing; and that the officer has the authority to seek a search warrant compelling him or her to submit a blood sample. By imposing new duties on local peace officers, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 655.1 of the Harbors and Navigation Code, relating to vessels." -935,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 399.13 of the Public Utilities Code is amended to read: -399.13. -(a) (1) The commission shall direct each electrical corporation to annually prepare a renewable energy procurement plan that includes the matter in paragraph (5), to satisfy its obligations under the renewables portfolio standard. To the extent feasible, this procurement plan shall be proposed, reviewed, and adopted by the commission as part of, and pursuant to, -a -the -general procurement plan -process. -process (Sections 454.5 to 454.55, inclusive). -The commission shall require each electrical corporation to review and update its renewable energy procurement plan as it determines to be necessary. The commission shall require all other retail sellers to prepare and submit renewable energy procurement plans that address the requirements identified in paragraph (5). -(2) Every electrical corporation that owns electrical transmission facilities shall annually prepare, as part of the Federal Energy Regulatory Commission Order 890 process, and submit to the commission, a report identifying any electrical transmission facility, upgrade, or enhancement that is reasonably necessary to achieve the renewables portfolio standard procurement requirements of this article. Each report shall look forward at least five years and, to ensure that adequate investments are made in a timely manner, shall include a preliminary schedule when an application for a certificate of public convenience and necessity will be made, pursuant to Chapter 5 (commencing with Section 1001), for any electrical transmission facility identified as being reasonably necessary to achieve the renewable energy resources procurement requirements of this article. Each electrical corporation that owns electrical transmission facilities shall ensure that project-specific interconnection studies are completed in a timely manner. -(3) The commission shall direct each retail seller to prepare and submit an annual compliance report that includes all of the following: -(A) The current status and progress made during the prior year toward procurement of eligible renewable energy resources as a percentage of retail sales, including, if applicable, the status of any necessary siting and permitting approvals from federal, state, and local agencies for those eligible renewable energy resources procured by the retail seller, and the current status of compliance with the portfolio content requirements of subdivision (c) of Section 399.16, including procurement of eligible renewable energy resources located outside the state and within the WECC and unbundled renewable energy credits. -(B) If the retail seller is an electrical corporation, the current status and progress made during the prior year toward construction of, and upgrades to, transmission and distribution facilities and other electrical system components it owns to interconnect eligible renewable energy resources and to supply the electricity generated by those resources to load, including the status of planning, siting, and permitting transmission facilities by federal, state, and local agencies. -(C) Recommendations to remove impediments to making progress toward achieving the renewable energy resources procurement requirements established pursuant to this article. -(4) The commission shall adopt, by rulemaking, all of the following: -(A) A process that provides criteria for the rank ordering and selection of least-cost and best-fit eligible renewable energy resources to comply with the California Renewables Portfolio Standard Program obligations on a total cost and best-fit basis. This process shall take into account all of the following: -(i) Estimates of indirect costs associated with needed transmission investments. -(ii) The cost impact of procuring the eligible renewable energy resources on the electrical corporation’s electricity portfolio. -(iii) The viability of the project to construct and reliably operate the eligible renewable energy resource, including the developer’s experience, the feasibility of the technology used to generate electricity, and the risk that the facility will not be built, or that construction will be delayed, with the result that electricity will not be supplied as required by the contract. -(iv) Workforce recruitment, training, and retention efforts, including the employment growth associated with the construction and operation of eligible renewable energy resources and goals for recruitment and training of women, minorities, and disabled veterans. -(v) (I) Estimates of electrical corporation expenses resulting from integrating and operating eligible renewable energy resources, including, but not limited to, any additional wholesale energy and capacity costs associated with integrating each eligible renewable resource. -(II) No later than December 31, 2015, the commission shall approve a methodology for determining the integration costs described in subclause (I). -(vi) Consideration of any statewide greenhouse gas emissions limit established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). -(vii) Consideration of capacity and system reliability of the eligible renewable energy resource to ensure grid reliability. -(B) Rules permitting retail sellers to accumulate, beginning January 1, 2011, excess procurement in one compliance period to be applied to any subsequent compliance period. The rules shall apply equally to all retail sellers. In determining the quantity of excess procurement for the applicable compliance period, the commission shall retain the rules adopted by the commission and in effect as of January 1, 2015, for the compliance period specified in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (b) of Section 399.15. For any subsequent compliance period, the rules shall allow the following: -(i) For electricity products meeting the portfolio content requirements of paragraph (1) of subdivision (b) of Section 399.16, contracts of any duration may count as excess procurement. -(ii) Electricity products meeting the portfolio content requirements of paragraph (2) or (3) of subdivision (b) of Section 399.16 shall not be counted as excess procurement. Contracts of any duration for electricity products meeting the portfolio content requirements of paragraph (2) or (3) of subdivision (b) of Section 399.16 that are credited towards a compliance period shall not be deducted from a retail seller’s procurement for purposes of calculating excess procurement. -(iii) If a retail seller notifies the commission that it will comply with the provisions of subdivision (b) for the compliance period beginning January 1, 2017, the provisions of clauses (i) and (ii) shall take effect for that retail seller for that compliance period. -(C) Standard terms and conditions to be used by all electrical corporations in contracting for eligible renewable energy resources, including performance requirements for renewable generators. A contract for the purchase of electricity generated by an eligible renewable energy resource, at a minimum, shall include the renewable energy credits associated with all electricity generation specified under the contract. The standard terms and conditions shall include the requirement that, no later than six months after the commission’s approval of an electricity purchase agreement entered into pursuant to this article, the following information about the agreement shall be disclosed by the commission: party names, resource type, project location, and project capacity. -(D) An appropriate minimum margin of procurement above the minimum procurement level necessary to comply with the renewables portfolio standard to mitigate the risk that renewable projects planned or under contract are delayed or canceled. This paragraph does not preclude an electrical corporation from voluntarily proposing a margin of procurement above the appropriate minimum margin established by the commission. -(5) Consistent with the goal of increasing California’s reliance on eligible renewable energy resources, the renewable energy procurement plan shall include all of the following: -(A) An assessment of annual or multiyear portfolio supplies and demand to determine the optimal mix of eligible renewable energy resources with deliverability characteristics that may include peaking, dispatchable, baseload, firm, and as-available capacity. -(B) Potential compliance delays related to the conditions described in paragraph (5) of subdivision (b) of Section 399.15. -(C) A bid solicitation setting forth the need for eligible renewable energy resources of each deliverability characteristic, required online dates, and locational preferences, if any. -(D) A status update on the development schedule of all eligible renewable energy resources currently under contract. -(E) Consideration of mechanisms for price adjustments associated with the costs of key components for eligible renewable energy resource projects with online dates more than 24 months after the date of contract execution. -(F) An assessment of the risk that an eligible renewable energy resource will not be built, or that construction will be delayed, with the result that electricity will not be delivered as required by the contract. -(6) In soliciting and procuring eligible renewable energy resources, each electrical corporation shall offer contracts of no less than 10 years duration, unless the commission approves of a contract of shorter duration. -(7) In soliciting and procuring eligible renewable energy resources for California-based projects, each electrical corporation shall give preference to renewable energy projects that provide environmental and economic benefits to communities afflicted with poverty or high unemployment, or that suffer from high emission levels of toxic air contaminants, criteria air pollutants, and greenhouse gases. -(8) In soliciting and procuring eligible renewable energy resources, each retail seller shall consider the best-fit attributes of resource types that ensure a balanced resource mix to maintain the reliability of the electrical grid. -(b) A retail seller may enter into a combination of long- and short-term contracts for electricity and associated renewable energy credits. Beginning January 1, 2021, at least 65 percent of the procurement a retail seller counts toward the renewables portfolio standard requirement of each compliance period shall be from its contracts of 10 years or more in duration or in its ownership or ownership agreements for eligible renewable energy resources. -(c) The commission shall review and accept, modify, or reject each electrical corporation’s renewable energy resource procurement plan prior to the commencement of renewable energy procurement pursuant to this article by an electrical corporation. The commission shall assess adherence to the approved renewable energy resource procurement plans in determining compliance with the obligations of this article. -(d) Unless previously preapproved by the commission, an electrical corporation shall submit a contract for the generation of an eligible renewable energy resource to the commission for review and approval consistent with an approved renewable energy resource procurement plan. If the commission determines that the bid prices are elevated due to a lack of effective competition among the bidders, the commission shall direct the electrical corporation to renegotiate the contracts or conduct a new solicitation. -(e) If an electrical corporation fails to comply with a commission order adopting a renewable energy resource procurement plan, the commission shall exercise its authority to require compliance. -(f) (1) The commission may authorize a procurement entity to enter into contracts on behalf of customers of a retail seller for electricity products from eligible renewable energy resources to satisfy the retail seller’s renewables portfolio standard procurement requirements. The commission shall not require any person or corporation to act as a procurement entity or require any party to purchase eligible renewable energy resources from a procurement entity. -(2) Subject to review and approval by the commission, the procurement entity shall be permitted to recover reasonable administrative and procurement costs through the retail rates of end-use customers that are served by the procurement entity and are directly benefiting from the procurement of eligible renewable energy resources. -(g) Procurement and administrative costs associated with contracts entered into by an electrical corporation for eligible renewable energy resources pursuant to this article and approved by the commission are reasonable and prudent and shall be recoverable in rates. -(h) Construction, alteration, demolition, installation, and repair work on an eligible renewable energy resource that receives production incentives pursuant to Section 25742 of the Public Resources Code, including work performed to qualify, receive, or maintain production incentives, are “public works” for the purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The Public Utilities Act requires the commission to review and accept, modify, or reject a procurement plan for each electrical corporation based on whether it includes specified elements or incentive mechanisms, and whether it accomplishes certain objectives. The California Renewables Portfolio Standard Program, within the act, requires retail sellers, defined as including electrical corporations, and local publicly owned electric utilities to purchase specified minimum quantities of electricity products from eligible renewable energy resources, as defined, for specified compliance periods. The program requires the commission to direct each electrical corporation to annually prepare a renewable energy procurement plan to satisfy its procurement requirements pursuant to the program. To the extent feasible, the renewable energy procurement plan is to be proposed, reviewed, and adopted as part of, and pursuant to, the general procurement plan process. -This bill would make a nonsubstantive revision to the provision that requires, to the extent feasible, that the renewable energy procurement plan be proposed, reviewed, and adopted as part of, and pursuant to, the general procurement plan process.","An act to amend Section 399.13 of the Public Utilities Code, relating to energy." -936,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 2.6 (commencing with Section 66010.96) is added to Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, to read: -Article 2.6. Office of Higher Education Performance and Accountability -66010.96. -(a) The Office of Higher Education Performance and Accountability is hereby established as the statewide postsecondary education coordination and planning agency. The office is established in state government within the Governor’s office, and is under the direct control of an executive director. -(b) The Governor shall appoint the Executive Director of the Office of Higher Education Performance and Accountability, who shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the office, including contracting for professional or consulting services in connection with the work of the office. The appointment of the executive director is subject to confirmation by the affirmative vote of a majority of the membership of the Senate. The executive director shall appoint persons to any staff positions the Governor may authorize. -(c) The Governor may appoint the executive director at a salary that shall be fixed pursuant to Section 12001 of the Government Code. -(d) (1) An advisory board is hereby established for the purpose of examining and making recommendations to the office regarding the functions and operations of the office and reviewing and commenting on any recommendations made by the office to the Governor and the Legislature. -(2) The advisory board consists of the Chairperson of the Senate Committee on Education and the Chairperson of the Assembly Committee on Higher Education, who serve as ex officio members, and six public members with experience in postsecondary education, appointed to terms of four years as follows: -(A) Three members of the advisory board appointed by the Senate Committee on Rules. -(B) Three members of the advisory board appointed by the Speaker of the Assembly. -(3) The office shall actively seek input from, and consult with, the advisory board regarding the functions, operations, and recommendations of the office, and provide the advisory board with sufficient time to review and comment. -(4) Advisory board meetings are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). Advisory board materials shall be posted on the Internet. -(5) The advisory board shall meet at least quarterly, and shall appoint one of its members to represent the board for purposes of communicating with the Legislature. -(6) The advisory board is responsible for developing an independent annual report on the condition of higher education in California. -(7) The advisory board is responsible for issuing an annual review of the performance of the Executive Director of the Office of Higher Education Performance and Accountability. -(8) Members of the advisory board shall serve without compensation, but shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties as board members. -(e) The office shall consult with the higher education segments and stakeholders, as appropriate, in the conduct of its duties and responsibilities. For purposes of this subdivision, “higher education segments” has the same meaning as in Section 66010.95, and “higher education stakeholders” includes, but is not necessarily limited to, postsecondary faculty and students, K–12 representatives, and representatives of the business community. -66010.962. -The Office of Higher Education Performance and Accountability exists for the purpose of advising the Governor, the Legislature, and other appropriate governmental officials and institutions of postsecondary education. The office has the following functions and responsibilities in its capacity as the statewide postsecondary education coordination and planning agency and adviser to the Legislature and the Governor: -(a) It shall, through its use of information and its analytic capacity, inform the identification and periodic revision of state goals and priorities for higher education in a manner that is consistent with the goals outlined in Section 66010.91 and takes into consideration the metrics outlined in Sections 89295 and 92675. It shall, biennially, interpret and evaluate both statewide and institutional performance in relation to these goals and priorities. -(b) It shall review and make recommendations, as necessary, regarding cross-segmental and interagency initiatives and programs in areas that may include, but are not necessarily limited to, efficiencies in instructional delivery, financial aid, transfer, and workforce coordination. -(c) It shall advise the Legislature and the Governor regarding the need for, and the location of, new institutions and campuses of public higher education. -(d) It shall review proposals by the public segments for new programs, the priorities that guide the public segments, and the degree of coordination between those segments and nearby public, independent, and private postsecondary educational institutions, and shall make recommendations regarding those proposals to the Legislature and the Governor. -(e) (1) It shall act as a clearinghouse for postsecondary education information and as a primary source of information for the Legislature, the Governor, and other agencies. It shall develop and maintain a comprehensive database that does all of the following: -(A) Ensures comparability of data from diverse sources. -(B) Supports longitudinal studies of individual students as they progress through the state’s postsecondary educational institutions through the use of a unique student identifier. -(C) Maintains compatibility with California School Information Services and the student information systems developed and maintained by the public segments of higher education, as appropriate. -(D) Provides Internet access to data, as appropriate, to the segments of higher education. -(E) Provides each of the educational segments access to the data made available to the office for purposes of the database, in order to support, most efficiently and effectively, statewide, segmental, and individual campus educational research information needs. -(2) The office, in implementing paragraph (1), shall comply with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) as it relates to the disclosure of personally identifiable information concerning students. -(3) The office shall not make available any personally identifiable information received from a postsecondary educational institution concerning students for any regulatory purpose unless the institution has authorized the office to provide that information on behalf of the institution. -(4) The office shall, following consultation with, and receipt of a recommendation from, the advisory board, provide 30-day notification to the chairpersons of the appropriate policy and budget committees of the Legislature, to the Director of Finance, and to the Governor before making any significant changes to the student information contained in the database. -(f) It shall review all proposals for changes in eligibility pools for admission to public institutions and segments of postsecondary education, and shall make recommendations regarding those proposals to the Legislature, the Governor, and institutions of postsecondary education. In carrying out this subdivision, the office periodically shall conduct a study of the percentages of California public high school graduates estimated to be eligible for admission to the University of California and the California State University. -(g) It shall submit reports to the Legislature in compliance with Section 9795 of the Government Code. -(h) It shall manage data systems and maintain programmatic, policy, and fiscal expertise to receive and aggregate information reported by the institutions of higher education in this state. -66010.964. -Notwithstanding any other law, the office may require the governing boards and the institutions of public postsecondary education to submit data to the office on plans and programs, costs, selection and retention of students, enrollments, plant capacities, and other matters pertinent to effective planning, policy development, and articulation and coordination. The office shall furnish information concerning these matters to the Governor and the Legislature as requested by them. -66010.967. -(a) On or before December 31 of each year, the office shall report to the Legislature and the Governor regarding its progress in achieving the objectives and responsibilities set forth in subdivision (a) of Section 66010.962. -(b) On or before January 1, 2020, the Legislative Analyst’s Office shall review and report to the Legislature regarding the performance of the office in fulfilling its functions and responsibilities as outlined in Section 66010.962. -66010.969. -This article shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SECTION 1. -It is the intent of the Legislature to enact legislation to create the Office of Higher Education Performance and Accountability as the statewide postsecondary education coordination and planning entity.","(1) Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in this state. -Existing law states the intent of the Legislature that budget and policy decisions regarding postsecondary education generally adhere to 3 specified goals and that appropriate metrics be identified, defined, and formally adopted to monitor progress toward the achievement of the goals. -Existing law establishes the California Postsecondary Education Commission (CPEC) as the statewide postsecondary education coordinating and planning agency, and provides for its functions and responsibilities. Existing law also provides for the composition of CPEC’s membership. The annual state Budget Acts from the 2011–12 fiscal year to the 2015–16 fiscal year, inclusive, have provided no funding for CPEC. -This bill would establish the Office of Higher Education Performance and Accountability as the statewide postsecondary education coordination and planning entity. The bill would provide for the appointment by the Governor, subject to confirmation by a majority of the membership of the Senate, of an executive director of the office. The bill would establish an 8-member advisory board for the purpose of examining, and making recommendations to, the office regarding the functions and operations of the office and reviewing and commenting on any recommendations made by the office to the Governor and the Legislature, among other specified duties. -The bill would specify the functions and responsibilities of the office, which would include, among other things, participation, as specified, in the identification and periodic revision of state goals and priorities for higher education, reviewing and making recommendations regarding cross-segmental and interagency initiatives and programs, advising the Legislature and the Governor regarding the need for, and the location of, new institutions and campuses of public higher education, acting as a clearinghouse for postsecondary education information and as a primary source of information for the Legislature, the Governor, and other agencies, and reviewing all proposals for changes in eligibility pools for admission to public institutions and segments of postsecondary education. -The bill would authorize the office to require the governing boards and institutions of public postsecondary education to submit data to the office on plans and programs, costs, selection and retention of students, enrollments, plant capacities, and other matters pertinent to effective planning, policy development, and articulation and coordination. To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program. -The bill would require the office to report to the Legislature and the Governor on or before December 31 of each year regarding its progress in achieving specified objectives and responsibilities. -The bill would repeal these provisions on January 1, 2021. -(2)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 public segments of postsecondary education in this state. -This bill would express the intent of the Legislature to enact legislation to create the Office of Higher Education Performance and Accountability as the statewide postsecondary education coordination and planning entity.","An act relating to postsecondary education. -An act to add and repeal Article 2.6 (commencing with Section 66010.96) of Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, relating to postsecondary education." -937,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11465 of the Welfare and Institutions Code is amended to read: -11465. -(a) When a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child. -(b) For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility. -(c) (1) On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate. -(2) (A) On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B). -(B) In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate. -(3) Subject to the availability of funds, for the 2000–01 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453. -(4) On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate. -(5) Commencing July 1, 2016, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be supplemented by an additional monthly amount of four hundred eighty-nine dollars ($489). This monthly supplement shall only be provided if funding for this purpose is appropriated in the annual Budget Act. -(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461. -(2) (A) The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements. -(B) Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits in a short-term residential treatment center shall equal the infant supplement rate for short-term residential treatment centers established by the department. -(3) (A) The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home. -(B) A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied: -(i) The plan has been completed and provided to the appropriate county agency. -(ii) The plan has been approved by the appropriate county agency. -(iii) The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27. -(4) In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures. -(5) A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home. -(6) On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403. -(e) The rate paid for a pregnant minor or nonminor dependent for the month in which the birth is anticipated and for the three-month period immediately prior to the month in which the birth is anticipated shall include the amount that would otherwise be paid under this section to cover the care and supervision of a child, if born. Any amount paid pursuant to this subdivision shall be used to meet the specialized needs of the pregnant minor or nonminor dependent and to properly prepare for the needs of the infant. Verification of pregnancy is a condition of eligibility for aid under this subdivision. -SEC. 1.5. -Section 11465 of the Welfare and Institutions Code is amended to read: -11465. -(a) When a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child. -(b) For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility. -(c) (1) On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate. -(2) (A) On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B). -(B) In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate. -(3) Subject to the availability of funds, for the 2000–01 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453. -(4) On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate. -(5) Commencing July 1, 2016, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be supplemented by an additional monthly amount of four hundred eighty-nine dollars ($489). This monthly supplement shall only be provided if funding for this purpose is appropriated in the annual Budget Act. -(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461. -(2) (A) The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements. -(B) Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits in a short-term residential therapeutic program shall equal the infant supplement rate for short-term residential therapeutic programs established by the department. -(3) (A) The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home. -(B) A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied: -(i) The plan has been completed and provided to the appropriate county agency. -(ii) The plan has been approved by the appropriate county agency. -(iii) The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27. -(4) In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures. -(5) A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home. -(6) On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403. -(e) The rate paid for a pregnant minor or nonminor dependent for the month in which the birth is anticipated and for the three-month period immediately prior to the month in which the birth is anticipated shall include the amount that would otherwise be paid under this section to cover the care and supervision of a child, if born. Any amount paid pursuant to this subdivision shall be used to meet the specialized needs of the pregnant minor or nonminor dependent and to properly prepare for the needs of the infant. Verification of pregnancy is a condition of eligibility for aid under this subdivision. -SEC. 2. -Section 1.5 of this bill incorporates amendments to Section 11465 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 1997. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 11465 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 1997, in which case Section 1 of this bill shall not become operative. -SEC. 3. -To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.","(1) Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law establishes a schedule of basic rates to be paid for the care and supervision of each foster child. Existing law also establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP), which provides aid on behalf of eligible children who are placed in the home of a relative caretaker. -Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, that the rate paid to the foster care provider on behalf of the parent include an additional amount, known as an infant supplement, for the care and supervision of the child. -This bill would make a pregnant minor or nonminor dependent eligible for the infant supplement for a specified period before the expected date of birth, subject to a verification of pregnancy, as specified. Because counties would administer these extended benefits, this bill would impose a state-mandated local program. -(2) This bill would incorporate changes to Section 11465 of the Welfare and Institutions Code proposed by both this bill and AB 1997, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 11465 of the Welfare and Institutions Code, relating to foster children." -938,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all the following: -(a) The current pervasive use of information technology in public enterprises has resulted in an abundance of public access to information and services provided by the government, but the increased interdependence of information technology systems has created a new type of risk for society. Threats to public critical infrastructure that use information technology within the state present risks to public health and safety and could severely disrupt economic activity within California. -(b) Ensuring sufficient preparations are taken to protect critical infrastructure from interference, compromise, or incapacitation are in the public interest and serve a public purpose. -(c) A comprehensive cybersecurity strategy, related to state agency critical infrastructure information and control, developed in a coordinated effort among state agencies, will help prepare for threats to critical infrastructure, thereby reducing the potential consequences from those attacks. -(d) The Department of Technology, in its role as the lead entity that coordinates state resources in the development of information technology (IT) strategy and policy, directs state agency information security and privacy standards and procedures for the day-to-day protection of state information assets from a variety of threats, including, but not limited to, cybersecurity threats and attacks. -(e) The Office of Emergency Services, in its role as the lead executive entity that coordinates state resources for emergency preparedness, response, and damage mitigation, is integrating cybersecurity into the State Emergency Plan. -(f) The Department of Technology is continuing its state government oversight and compliance monitoring program, and enhancing day-to-day information security incident response coordination with the Office of Emergency Services, Department of the California Highway Patrol’s Computer Crimes Investigation Unit, and the Military Department. -(g) It is the intent of the Legislature in enacting this legislation to add to the ongoing work of the state’s comprehensive cybersecurity strategy, undertaken in a coordinated effort among state agencies, to prepare California for threats to critical infrastructure under the unifying coordination of the Office of Emergency Services. -SEC. 2. -Article 6.4 (commencing with Section 8592.30) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read: -Article 6.4. Cybersecurity -8592.30. -As used in this article, the following definitions shall apply: -(a) “Critical infrastructure controls” means networks and systems controlling assets so vital to the state that the incapacity or destruction of those networks, systems, or assets would have a debilitating impact on public health, safety, economic security, or any combination thereof. -(b) “Critical infrastructure information” means information not customarily in the public domain pertaining to any of the following: -(1) Actual, potential, or threatened interference with, or an attack on, compromise of, or incapacitation of critical infrastructure controls by either physical or computer-based attack or other similar conduct, including, but not limited to, the misuse of, or unauthorized access to, all types of communications and data transmission systems, that violates federal, state, or local law or harms public health, safety, or economic security, or any combination thereof. -(2) The ability of critical infrastructure controls to resist any interference, compromise, or incapacitation, including, but not limited to, any planned or past assessment or estimate of the vulnerability of critical infrastructure. -(3) Any planned or past operational problem or solution regarding critical infrastructure controls, including, but not limited to, repair, recovery, reconstruction, insurance, or continuity, to the extent it is related to interference, compromise, or incapacitation of critical infrastructure controls. -(c) “Department” means the Department of Technology. -(d) “Office” means the Office of Emergency Services. -(e) “Secretary” means the secretary of each state agency as set forth in subdivision (a) of Section 12800. -(f) “State agency” or “state agencies” means the same as “state agency” as set forth in Section 11000. -8592.35. -(a) (1) On or before July 1, 2018, the department shall, in consultation with the office and compliance with Section 11549.3, update the Technology Recovery Plan element of the State Administrative Manual to ensure the inclusion of cybersecurity strategy incident response standards for each state agency to secure its critical infrastructure controls and critical infrastructure information. -(2) In updating the standards in paragraph (1), the department shall consider, but not be limited to considering, all of the following: -(A) Costs to implement the standards. -(B) Security of critical infrastructure information. -(C) Centralized management of risk. -(D) Industry best practices. -(E) Continuity of operations. -(F) Protection of personal information. -(b) Each state agency shall provide the department with a copy of its updated Technology Recovery Plan. -8592.40. -(a) Each state agency shall report on its compliance with the standards updated pursuant to Section 8592.35 to the department in the manner and at the time directed by the department, but no later than July 1, 2019. -(b) The department, in conjunction with the office, may provide suggestions for a state agency to improve compliance with the standards developed pursuant to Section 8592.35, if any, to the head of the state agency and the secretary responsible for the state agency. For a state agency that is not under the responsibility of a secretary, the department shall provide any suggestions to the head of the state agency and the Governor. -8592.45. -The information required by subdivision (b) of Section 8592.35, the report required by subdivision (a) of Section 8592.40, and any public records relating to any communication made pursuant to, or in furtherance of the purposes of, subdivision (b) of Section 8592.40 are confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). -SEC. 3. -The Legislature finds and declares that Section 2 of this act, which adds Section 8592.45 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -Preventing public disclosure of the individual cybersecurity preparations and critical infrastructure information of state agencies promotes public safety by prohibiting access to those who would use that information to thwart the cybersecurity of critical infrastructure controls within the state.","(1) The California Emergency Services Act sets forth the duties of the Office of Emergency Services with respect to specified emergency preparedness, mitigation, and response activities within the state. Existing law establishes the Department of Technology under the supervision of the Director of Technology who is also known as the State Chief Information Officer, and generally requires the Department of Technology to be responsible for the approval and oversight of information technology projects by, among other things, consulting with state agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs. Existing law establishes the Office of Information Security, within the Department of Technology, under the direction of a chief who reports to the Director of Technology. -This bill would require the Department of Technology, in consultation with the Office of Emergency Services and compliance with the information security program required to be established by the chief of the Office of Information Security, to update the Technology Recovery Plan element of the State Administrative Manual to ensure the inclusion of cybersecurity strategy incident response standards for each state agency to secure its critical infrastructure controls and critical infrastructure information. The bill would require each state agency to provide its updated Technology Recovery Plan and report on its compliance with these updated standards to the department, as specified, and authorize the department, in consultation with the Office of Emergency Services, to provide suggestions for a state agency to improve compliance with these standards. The bill would define terms for its purposes and make legislative findings in support of its provisions. The bill would prohibit public disclosure of reports and public records relating to the cybersecurity strategies of state agencies, as specified. -(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to add Article 6.4 (commencing with Section 8592.30) to Chapter 7 of Division 1 of Title 2 of the Government Code, relating to state government." -939,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 5650.1 of the Fish and Game Code is amended to read: -5650.1. -(a) A person who violates Section 5650 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation. -(b) The civil penalty imposed for each separate violation pursuant to this section is separate, and in addition to, any other civil penalty imposed for a separate violation pursuant to this section or any other provision of law, except as provided in subdivision (j). -(c) In determining the amount of a civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation. In making this determination, the court shall consider the degree of toxicity and volume of the discharge, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, the effect of any civil penalty on the ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require. -(d) Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated. -(e) In a civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding that irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued, or that the remedy at law is inadequate. -(f) After the party seeking the injunction has met its burden of proof, the court shall determine whether to issue a temporary restraining order, preliminary injunction, or permanent injunction without requiring the defendant to prove that it will suffer grave or irreparable harm. The court shall make the determination whether to issue a temporary restraining order, preliminary injunction, or permanent injunction by taking into consideration, among other things, the nature, circumstance, extent, and gravity of the violation, the quantity and characteristics of the substance or material involved, the extent of environmental harm caused by the violation, measures taken by the defendant to remedy the violation, the relative likelihood that the material or substance involved may pass into waters of the state, and the harm likely to be caused to the defendant. -(g) The court, to the maximum extent possible, shall tailor a temporary restraining order, preliminary injunction, or permanent injunction narrowly to address the violation in a manner that will otherwise allow the defendant to continue business operations in a lawful manner. -(h) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as defined in Section 13003 and shall be apportioned in the following manner: -(1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100. -(2) Fifty percent shall be distributed to the department for deposit in the Fish and Game Preservation Fund. These funds may be expended to cover the costs of legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution. -(i) Except as provided in subdivision (j), in addition to any other penalty provided by law, a person who violates Section 5650 is subject to a civil penalty of not more than ten dollars ($10) for each gallon or pound of material discharged. The total amount of the civil penalty shall be reduced for every gallon or pound of the illegally discharged material that is recovered and properly disposed of by the responsible party. -(j) A person shall not be subject to a civil penalty imposed under this section and to a civil penalty imposed pursuant to Article 9 (commencing with Section 8670.57) of Chapter 7.4 of Division 1 of Title 2 of the Government Code for the same act or failure to act. -SEC. 2. -Section 8670.61 of the Government Code is amended to read: -8670.61. -The civil and criminal penalties provided in this chapter and Division 7.8 (commencing with Section 8750) of the Public Resources Code shall be separate from, and in addition to, and do not supersede or limit, any and all other remedies, civil or criminal, except as provided in subdivision (j) of Section 5650.1 of the Fish and Game Code.","Existing law imposes a maximum civil penalty of $25,000 on a person who discharges various pollutants or other designated materials into the waters of the state. -This bill would impose an additional civil penalty of not more than $10 for each gallon or pound of material discharged. The bill would require that the civil penalty be reduced for every gallon or pound of the illegally discharged material that is recovered and properly disposed of by the responsible party. -The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act establishes various civil penalties for conduct in connection with the intentional or negligent discharging of oil into waters of the state. Existing law requires civil and criminal penalties provided in the act to be separate from, and in addition to, and to not supersede or limit, any and all other remedies, civil or criminal. -This bill would prohibit a person from being subject to both a civil penalty described above and a civil penalty imposed pursuant to the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act for the same act or failure to act.","An act to amend Section 5650.1 of the Fish and Game Code, and to amend Section 8670.61 of the Government Code, relating to water pollution." -940,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 432.7 of the Labor Code is amended to read: -432.7. -(a) (1) No employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose, through any written form or verbally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record of arrest or detention that did not result in conviction, or any record regarding a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code. As used in this section, a conviction shall include a plea, verdict, or finding of guilt regardless of whether sentence is imposed by the court. Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial. -(2) No employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose, through any written form or verbally, information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court law, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while a person was subject to the process and jurisdiction of juvenile court law. -(3) For purposes of this section, “conviction” does not include, and shall not be construed to include, any adjudication by a juvenile court or any other court order or action taken with respect to a person who is under the process and jurisdiction of the juvenile court law. -(b) Nothing in this section shall prohibit the disclosure of the information authorized for release under Sections 13203 and 13300 of the Penal Code, to a government agency employing a peace officer. However, the employer shall not determine any condition of employment other than paid administrative leave based solely on an arrest report. The information contained in an arrest report may be used as the starting point for an independent, internal investigation of a peace officer in accordance with Chapter 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government Code. -(c) In any case where a person violates this section, or Article 6 (commencing with Section 11140) of Chapter 1 of Title 1 of Part 4 of the Penal Code, the applicant may bring an action to recover from that person actual damages or two hundred dollars ($200), whichever is greater, plus costs, and reasonable attorney’s fees. An intentional violation of this section shall entitle the applicant to treble actual damages, or five hundred dollars ($500), whichever is greater, plus costs, and reasonable attorney’s fees. An intentional violation of this section is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500). -(d) The remedies under this section shall be in addition to and not in derogation of all other rights and remedies that an applicant may have under any other law. -(e) Persons seeking employment or persons already employed as peace officers or persons seeking employment for positions in the Department of Justice or other criminal justice agencies as defined in Section 13101 of the Penal Code are not covered by this section. -(f) (1) Except as provided in paragraph (2), nothing in this section shall prohibit an employer at a health facility, as defined in Section 1250 of the Health and Safety Code, from asking an applicant for employment either of the following: -(A) With regard to an applicant for a position with regular access to patients, to disclose an arrest under any section specified in Section 290 of the Penal Code. -(B) With regard to an applicant for a position with access to drugs and medication, to disclose an arrest under any section specified in Section 11590 of the Health and Safety Code. -(2) (A) An employer specified in paragraph (1) shall not inquire into information concerning or related to an applicant’s arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court law, unless the information concerns an adjudication by the juvenile court in which the applicant has been found by the court to have committed a felony or misdemeanor offense specified in paragraph (1) that occurred within five years preceding the application for employment. -(B) Notwithstanding any other provision of this subdivision, an employer specified in paragraph (1) shall not inquire into information concerning or related to an applicant’s juvenile offense history that has been sealed by the juvenile court. -(3) An employer seeking disclosure of offense history under paragraph (2) shall provide the applicant with a list describing the specific offenses under Section 11590 of the Health and Safety Code or Section 290 of the Penal Code for which disclosure is sought. -(g) (1) No peace officer or employee of a law enforcement agency with access to criminal or juvenile offender record information maintained by a local law enforcement criminal or juvenile justice agency shall knowingly disclose, with intent to affect a person’s employment, any information contained therein pertaining to an arrest or detention or proceeding that did not result in a conviction, including information pertaining to a referral to, and participation in, any pretrial or posttrial diversion program, to any person not authorized by law to receive that information. -(2) No other person authorized by law to receive criminal or juvenile offender record information maintained by a local law enforcement criminal or juvenile justice agency shall knowingly disclose any information received therefrom pertaining to an arrest or detention or proceeding that did not result in a conviction, including information pertaining to a referral to, and participation in, any pretrial or posttrial diversion program, to any person not authorized by law to receive that information. -(3) No person, except those specifically referred to in Section 1070 of the Evidence Code, who is not authorized by law to receive or possess criminal or juvenile justice records information maintained by a local law enforcement criminal or juvenile justice agency, pertaining to an arrest or other proceeding that did not result in a conviction, including information pertaining to a referral to, and participation in, any pretrial or posttrial diversion program, shall knowingly receive or possess that information. -(h) “A person authorized by law to receive that information,” for purposes of this section, means any person or public agency authorized by a court, statute, or decisional law to receive information contained in criminal or juvenile offender records maintained by a local law enforcement criminal or juvenile justice agency, and includes, but is not limited to, those persons set forth in Section 11105 of the Penal Code, and any person employed by a law enforcement criminal or juvenile justice agency who is required by that employment to receive, analyze, or process criminal or juvenile offender record information. -(i) Nothing in this section shall require the Department of Justice to remove entries relating to an arrest or detention not resulting in conviction from summary criminal history records forwarded to an employer pursuant to law. -(j) As used in this section, “pretrial or posttrial diversion program” means any program under Chapter 2.5 (commencing with Section 1000) or Chapter 2.7 (commencing with Section 1001) of Title 6 of Part 2 of the Penal Code, Section 13201 or 13352.5 of the Vehicle Code, Sections 626, 626.5, 654, or 725 of, or Article 20.5 (commencing with Section 790) of Chapter 2 of Part 1 of Division 2 of, the Welfare and Institutions Code, or any other program expressly authorized and described by statute as a diversion program. -(k) (1) Subdivision (a) shall not apply to any city, city and county, county, or district, or any officer or official thereof, in screening a prospective concessionaire, or the affiliates and associates of a prospective concessionaire for purposes of consenting to, or approving of, the prospective concessionaire’s application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest. -(2) For purposes of this subdivision the following terms have the following meanings: -(A) “Screening” means a written request for criminal or juvenile history information made to a local law enforcement agency. -(B) “Prospective concessionaire” means any individual, general or limited partnership, corporation, trust, association, or other entity that is applying for, or seeking to obtain, a public agency’s consent to, or approval of, the acquisition by that individual or entity of any beneficial ownership interest in any public agency’s concession, lease, or other property right whether directly or indirectly held. However, “prospective concessionaire” does not include any of the following: -(i) A lender acquiring an interest solely as security for a bona fide loan made in the ordinary course of the lender’s business and not made for the purpose of acquisition. -(ii) A lender upon foreclosure or assignment in lieu of foreclosure of the lender’s security. -(C) “Affiliate” means any individual or entity that controls, or is controlled by, the prospective concessionaire, or who is under common control with the prospective concessionaire. -(D) “Associate” means any individual or entity that shares a common business purpose with the prospective concessionaire with respect to the beneficial ownership interest that is subject to the consent or approval of the city, county, city and county, or district. -(E) “Control” means the possession, direct or indirect, of the power to direct, or cause the direction of, the management or policies of the controlled individual or entity. -(l) (1) Nothing in subdivision (a) shall prohibit a public agency, or any officer or official thereof, from denying consent to, or approval of, a prospective concessionaire’s application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest based on the criminal history information of the prospective concessionaire or the affiliates or associates of the prospective concessionaire that show any criminal conviction for offenses involving moral turpitude. Criminal history information for purposes of this subdivision includes any criminal history information obtained pursuant to Section 11105 or 13300 of the Penal Code. -(2) In considering criminal history information, a public agency shall consider the crime for which the prospective concessionaire or the affiliates or associates of the prospective concessionaire was convicted only if that crime relates to the specific business that is proposed to be conducted by the prospective concessionaire. -(3) Any prospective concessionaire whose application for consent or approval to acquire a beneficial interest in a concession, lease, or other property interest is denied based on criminal history information shall be provided a written statement of the reason for the denial. -(4) (A) If the prospective concessionaire submits a written request to the public agency within 10 days of the date of the notice of denial, the public agency shall review its decision with regard to any corrected record or other evidence presented by the prospective concessionaire as to the accuracy or incompleteness of the criminal history information utilized by the public agency in making its original decision. -(B) The prospective concessionaire shall submit the copy or the corrected record of any other evidence to the public agency within 90 days of a request for review. The public agency shall render its decision within 20 days of the submission of evidence by the prospective concessionaire. -(m) Paragraph (1) of subdivision (a) does not prohibit an employer from asking an applicant about a criminal conviction of, seeking from any source information regarding a criminal conviction of, utilizing as a factor in determining any condition of employment of, or entry into a pretrial diversion or similar program by, the applicant if, pursuant to Section 1829 of Title 12 of the United States Code or any other state or federal law, any of the following apply: -(1) The employer is required by law to obtain information regarding a conviction of an applicant. -(2) The applicant would be required to possess or use a firearm in the course of his or her employment. -(3) An individual who has been convicted of a crime is prohibited by law from holding the position sought by the applicant, regardless of whether that conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation. -(4) The employer is prohibited by law from hiring an applicant who has been convicted of a crime. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law prohibits an employer, whether a public agency or private individual or corporation, from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning an arrest or detention that did not result in a conviction, or information concerning a referral or participation in, any pretrial or posttrial diversion program, except as specified. Existing law also prohibits an employer, as specified, from asking an applicant to disclose, or from utilizing as a factor in determining any condition of employment, information concerning a conviction that has been judicially dismissed or ordered sealed, except in specified circumstances. Existing law specifies that these provisions do not prohibit an employer at a health facility, as defined, from asking an applicant for a specific type of employment about arrests for certain crimes. Existing law makes it a crime to intentionally violate these provisions. -This bill would also prohibit an employer from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court law. The bill, for the purposes of the prohibitions and exceptions described above, would provide that “conviction” excludes an adjudication by a juvenile court or any other court order or action taken with respect to a person who is under the jurisdiction of the juvenile court law, and would make related and conforming changes. The bill would prohibit an employer at a health facility from inquiring into specific events that occurred while the applicant was subject to juvenile court law, with a certain exception, and from inquiring into information concerning or related to an applicant’s juvenile offense history that has been sealed by the juvenile court. The bill would require an employer at a health facility seeking disclosure of juvenile offense history under that exception to provide the applicant with a list describing offenses for which disclosure is sought. -Because this bill would modify the scope of a crime, it would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 432.7 of the Labor Code, relating to employment." -941,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares as follows: -(a) The Spring Creek Bridge at Fall River is an old, 150-foot-long multispan wood structure that is constantly exposed to water and in a constant state of decay requiring significant and ongoing maintenance. -(b) The bridge provides access to ranches, residences, and United States Forest Service lands. If the existing Spring Creek Bridge fails, traffic will be detoured on to United States Forest Service roads and private, unpaved roads that may be impassable in winter months. -(c) In order to maintain access to these lands, the County of Shasta must be authorized to take the rough sculpin to replace the Spring Creek Bridge at Fall River. -SEC. 2. -Section 2081.4 is added to the Fish and Game Code, to read: -2081.4. -(a) The department may authorize, under this chapter, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the Spring Creek Bridge in the County of Shasta, if all of the following conditions are satisfied: -(1) The requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the rough sculpin. -(2) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the project. -(3) The take authorization provides for the development and implementation, in cooperation with federal and state agencies, of a monitoring program and an adaptive management process until the department determines that any impacts resulting from the replacement of the Spring Creek Bridge have been fully mitigated. -(b) This section shall not be construed to exempt the project described in subdivision (a) from any other law. -SEC. 3. -Section 5515 of the Fish and Game Code is amended to read: -5515. -(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. -(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. -(3) A legally imported fully protected fish may be possessed under a permit issued by the department. -(b) The following are fully protected fish: -(1) Colorado River squawfish (Ptychocheilus lucius). -(2) Thicktail chub (Gila crassicauda). -(3) Mohave chub (Gila mohavensis). -(4) Lost River sucker (Catostomus luxatus). -(5) Modoc sucker (Catostomus microps). -(6) Shortnose sucker (Chasmistes brevirostris). -(7) Humpback sucker (Xyrauchen texanus). -(8) Owens River pupfish (Cyprinoden radiosus). -(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). -(10) Rough sculpin (Cottus asperrimus). -SEC. 3.1. -Section 5515 of the Fish and Game Code is amended to read: -5515. -(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. -(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. -(3) A legally imported fully protected fish may be possessed under a permit issued by the department. -(b) The following are fully protected fish: -(1) Colorado River squawfish (Ptychocheilus lucius). -(2) Thicktail chub (Gila crassicauda). -(3) Mohave chub (Gila mohavensis). -(4) Lost River sucker (Catostomus luxatus). -(5) Modoc sucker (Catostomus microps). -(6) Shortnose sucker (Chasmistes brevirostris). -(7) Humpback sucker (Xyrauchen texanus). -(8) Owens pupfish (Cyprinoden radiosus). -(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). -(10) Rough sculpin (Cottus asperrimus). -SEC. 3.2. -Section 5515 of the Fish and Game Code is amended to read: -5515. -(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10 or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. -(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. -(3) A legally imported fully protected fish may be possessed under a permit issued by the department. -(b) The following are fully protected fish: -(1) Colorado River squawfish (Ptychocheilus lucius). -(2) Thicktail chub (Gila crassicauda). -(3) Mohave chub (Gila mohavensis). -(4) Lost River sucker (Catostomus luxatus). -(5) Modoc sucker (Catostomus microps). -(6) Shortnose sucker (Chasmistes brevirostris). -(7) Humpback sucker (Xyrauchen texanus). -(8) Owens River pupfish (Cyprinoden radiosus). -(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). -(10) Rough sculpin (Cottus asperrimus). -SEC. 3.3. -Section 5515 of the Fish and Game Code is amended to read: -5515. -(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. -(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. -(3) A legally imported fully protected fish may be possessed under a permit issued by the department. -(b) The following are fully protected fish: -(1) Colorado River squawfish (Ptychocheilus lucius). -(2) Thicktail chub (Gila crassicauda). -(3) Mohave chub (Gila mohavensis). -(4) Lost River sucker (Catostomus luxatus). -(5) Modoc sucker (Catostomus microps). -(6) Shortnose sucker (Chasmistes brevirostris). -(7) Humpback sucker (Xyrauchen texanus). -(8) Owens pupfish (Cyprinoden radiosus). -(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). -(10) Rough sculpin (Cottus asperrimus). -SEC. 4. -(a) Section 3.1 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 2001. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) Assembly Bill 2488 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2001, in which case Sections 3, 3.2, and 3.3 of this bill shall not become operative. -(b) Section 3.2 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 2488. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) AB 2001 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2488 in which case Sections 3, 3.1, and 3.3 of this bill shall not become operative. -(c) Section 3.3 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by this bill, Assembly Bill 2001, and Assembly Bill 2488. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 5515 of the Fish and Game Code, and (3) this bill is enacted after Assembly Bill 2001 and Assembly Bill 2488, in which case Sections 3, 3.1, and 3.2 of this bill shall not become operative.","Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the rough sculpin as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated. -This bill would permit the department to authorize, under the California Endangered Species Act, the take of the rough sculpin (Cottus asperrimus) resulting from impacts attributable to replacing the Spring Creek Bridge in the County of Shasta if certain conditions are satisfied. -This bill would incorporate additional changes to Section 5515 of the Fish and Game Code, proposed by AB 2001 and AB 2488, that would become operative only if this bill and either or both of those bills are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Section 5515 of, and to add Section 2081.4 to, the Fish and Game Code, relating to fish." -942,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19851 of the Revenue and Taxation Code is amended to read: -19851. -The Legislature finds and declares as follows: -(a) Congress created the federal earned income tax credit (EITC) in 1975 to offset the adverse effects of the Medicare and social security payroll taxes on working poor families and to encourage low-income workers to seek employment rather than welfare. -(b) Due to a relatively low percentage of federal earned income tax credit eligible persons who participate in the federal Earned Income Tax Credit program, hundreds of millions of federal dollars go unclaimed by the working poor in California. -(c) In 2015, the State of California authorized a state EITC to amplify the poverty-reducing effects of the federal EITC for the poorest working Californians. -(d) In order to alleviate the tax burden on working poor persons and families, to enhance the wages and income of working poor persons and families, to ensure that California receives its share of the federal money available in the federal Earned Income Tax Credit program, to ensure that the poorest working Californians access the additional state EITC, and to inject additional federal money into the California economy, the state shall facilitate the furnishing of information to working poor persons and families regarding the availability of the federal and state earned income tax credit so that they may claim those credits on their federal and state income tax returns. -(e) It is the intent of this act to offer the most cost-effective assistance to eligible taxpayers through the following: -(1) Notices provided by their employers. -(2) Notices provided by state departments and agencies that serve those who may qualify for the EITC. -(3) By taking steps to ensure that eligible Californians claim both the federal and state EITC. -SEC. 2. -Section 19852 of the Revenue and Taxation Code is amended to read: -19852. -For purposes of this part, the following terms have the following meanings: -(a) “Employer” means any California employer who is subject to, and is required to provide, unemployment insurance to his or her employees, under the Unemployment Insurance Code. -(b) “Employee” means any person who is covered by unemployment insurance by his or her employer, pursuant to the Unemployment Insurance Code. -(c) “Federal EITC” means the federal earned income tax credit, as defined in Section 32 of the Internal Revenue Code. -(d) “California EITC” means the California earned income tax credit, as defined in Section 17052 of the Revenue and Taxation Code. -(e) “State departments and agencies that serve those who may qualify for the federal EITC and the California EITC” means the following programs in the specified departments and agencies: -(1) The State Department of Education: free or reduced-price meal program and National School Lunch Program. -(2) Employment Development Department: California Unemployment Insurance. -(3) State Department of Health Care Services: the Medi-Cal program. -(f) The amendments made to this section by the act adding this subdivision shall apply to notices required pursuant to Section 19853 furnished on or after the effective date of that act. -SEC. 3. -Section 19853 of the Revenue and Taxation Code is amended to read: -19853. -(a) An employer shall notify all employees that they may be eligible for the federal and the California EITC within one week before or after, or at the same time, that the employer provides an annual wage summary, including, but not limited to, a Form W-2 or a Form 1099, to any employee. -(b) The state departments and agencies that serve those who may qualify for the federal and the California EITC, as defined in subdivision (e) of Section 19852, shall notify their program recipients that they may be eligible for the federal and the California EITC, at least once a year during the months of January through April, or alternatively, shall provide this annual notification during a regularly scheduled contact with a recipient by telephone, mail, or electronic communication, or by an in-person communication. State departments or agencies that do not directly communicate with persons or households with persons who may qualify for the federal and the California EITC may communicate indirectly through agencies, districts, or regulated entities that serve eligible persons or households with eligible persons. Departments, agencies, and programs are encouraged to develop the most effective method to provide notice to recipients of federal and California EITC eligibility, as long as the notice contains substantially the same language as the notice described in Section 19854. -(c) The employer shall provide the notification required by subdivision (a) by handing directly to the employee or mailing to the employee’s last known address either of the following: -(1) Instructions on how to obtain any notices available from the Internal Revenue Service and the Franchise Tax Board for this purpose, including, but not limited to, the IRS Notice 797 and information on the California EITC at the Web site www.ftb.ca.gov. -(2) Any notice created by the employer, as long as it contains substantially the same language as the notice described in paragraph (1) or in Section 19854. -(d) The employer shall not satisfy the notification required by subdivision (a) by posting a notice on an employee bulletin board or sending it through office mail. However, these methods of notification are encouraged to help inform all employees of the federal and the California EITC. -(e) The amendments made to this section by the act adding this subdivision shall apply to notices furnished on or after the effective date of that act. -SEC. 4. -Section 19854 of the Revenue and Taxation Code is amended to read: -19854. -(a) The notice furnished to employees regarding the availability of the federal and the California EITC shall state as follows: - - -BASED ON YOUR ANNUAL EARNINGS, YOU MAY BE ELIGIBLE TO RECEIVE THE EARNED INCOME TAX CREDIT FROM THE FEDERAL GOVERNMENT (FEDERAL EITC). THE FEDERAL EITC IS A REFUNDABLE FEDERAL INCOME TAX CREDIT FOR LOW-INCOME WORKING INDIVIDUALS AND FAMILIES. THE FEDERAL EITC HAS NO EFFECT ON CERTAIN WELFARE BENEFITS. IN MOST CASES, FEDERAL EITC PAYMENTS WILL NOT BE USED TO DETERMINE ELIGIBILITY FOR MEDICAID, SUPPLEMENTAL SECURITY INCOME, FOOD STAMPS, LOW-INCOME HOUSING, OR MOST TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PAYMENTS. EVEN IF YOU DO NOT OWE FEDERAL TAXES, YOU MUST FILE A FEDERAL TAX RETURN TO RECEIVE THE FEDERAL EITC. BE SURE TO FILL OUT THE FEDERAL EITC FORM IN THE FEDERAL INCOME TAX RETURN BOOKLET. FOR INFORMATION REGARDING YOUR ELIGIBILITY TO RECEIVE THE FEDERAL EITC, INCLUDING INFORMATION ON HOW TO OBTAIN THE IRS NOTICE 797 OR ANY OTHER NECESSARY FORMS AND INSTRUCTIONS, CONTACT THE INTERNAL REVENUE SERVICE BY CALLING 1-800-829-3676 OR THROUGH ITS WEB SITE AT WWW.IRS.GOV. -YOU ALSO MAY BE ELIGIBLE TO RECEIVE THE CALIFORNIA EARNED INCOME TAX CREDIT (CALIFORNIA EITC) STARTING WITH THE CALENDAR YEAR 2015 TAX YEAR. THE CALIFORNIA EITC IS A REFUNDABLE STATE INCOME TAX CREDIT FOR LOW-INCOME WORKING INDIVIDUALS AND FAMILIES. THE CALIFORNIA EITC IS TREATED IN THE SAME MANNER AS THE FEDERAL EITC AND GENERALLY WILL NOT BE USED TO DETERMINE ELIGIBILITY FOR WELFARE BENEFITS UNDER CALIFORNIA LAW. TO CLAIM THE CALIFORNIA EITC, EVEN IF YOU DO NOT OWE CALIFORNIA TAXES, YOU MUST FILE A CALIFORNIA INCOME TAX RETURN AND COMPLETE AND ATTACH THE CALIFORNIA EITC FORM (FTB 3514). FOR INFORMATION ON THE AVAILABILITY OF THE CREDIT, ELIGIBILITY REQUIREMENTS, AND HOW TO OBTAIN THE NECESSARY CALIFORNIA FORMS AND GET HELP FILING, CONTACT THE FRANCHISE TAX BOARD AT 1-800-852-5711 OR THROUGH ITS WEB SITE AT WWW.FTB.CA.GOV. -(b) The amendments made to this section by the act adding this subdivision shall apply to notices furnished on or after the effective date of that act.","The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income and who meet certain other requirements. -The Personal Income Tax Law, in modified conformity with federal income tax laws, allows an earned income credit against personal income tax, and a payment in excess of that credit amount, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor as set forth in the annual Budget Act. -Existing law, the Earned Income Tax Credit Information Act, requires an employer, as defined, to notify all employees that they may be eligible for the federal earned income tax credit, as specified. -This bill would require those same employers currently required to notify employees who may be eligible for the federal earned income tax credit to also notify these employees that they may be eligible for the California Earned Income Tax Credit under the same conditions.","An act to amend Sections 19851, 19852, 19853, and 19854 of the Revenue and Taxation Code, relating to tax administration." -943,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 680.1 is added to the Penal Code, to read: -680.1. -(a) The Legislature finds and declares the following: -(1) There is a significant public interest in knowing what percentage of rape -kit biological samples -kits -are analyzed for the perpetrator’s DNA profile, as well as why any untested rape -kit samples -kits -are not analyzed. Currently, there is no mandatory statewide tracking mechanism in place to collect and report these metrics. It is the intent of the Legislature in enacting this section, pursuant to recommendations by the California State Auditor to the Joint Legislative Audit Committee, to correct that. -(2) In 2015, the Department of Justice created the Sexual Assault Forensic Evidence Tracking (SAFE-T) database to track the status of all sexual assault evidence kits collected in the state based on voluntary data input from law enforcement agencies. It is the intent of the Legislature by enacting this section to require participation in that database. -(b) On a schedule set forth by the Department of Justice, each law enforcement agency that has investigated a case involving the collection of sexual assault kit evidence during the relevant period of time, as determined by the department, shall report to the department, through the SAFE-T database, the data required by the department in its communications to law enforcement. The data shall include, but are not limited to, the following: -(1) The number of kits collected during the period. -(2) The number of kits from which one or more biological evidence samples were submitted to a DNA laboratory for analysis. -(3) The number of kits from which a probative DNA profile was generated. -(4) The reason or reasons for not submitting evidence from a given rape kit to a DNA laboratory for processing. -(c) After 120 days following submission of rape kit biological evidence for processing, if a public DNA laboratory has not conducted DNA testing, that laboratory shall provide the reasons for the status in the appropriate SAFE-T data field. If the investigating law enforcement agency has contracted with a private laboratory to conduct DNA testing on rape kit evidence, the submitting law enforcement agency shall provide the 120-day update in SAFE-T. The process described in this subdivision shall take place every 120 days until DNA testing occurs, except as provided in subdivision (d). -(d) Upon expiration of a sexual assault case’s statute of limitations set forth in Section 803, or if a law enforcement agency elects not to analyze the DNA or intends to destroy or dispose of the crime scene evidence pursuant to subdivision (f) of Section 680, the investigating law enforcement agency shall state in writing the reason the kit collected as part of that case’s investigation was not analyzed. This written statement relieves the investigating law enforcement agency or public laboratory of any further duty to report information related to that kit pursuant to this section. -(e) The SAFE-T database shall not contain any identifying information about a victim or a suspect, shall not contain any DNA profiles, and shall not contain any information that would impair a pending criminal investigation. -(f) On an annual basis, the Department of Justice shall file a report to the Legislature in compliance with Section 9795 of the Government Code summarizing data entered into the SAFE-T database during that year. The report shall not reference individual victims, suspects, investigations, or prosecutions. The report shall be made public by the department. -(g) Except as provided in subdivision (f), in order to protect the confidentiality of the SAFE-T database information, SAFE-T database contents shall be confidential and a participating law enforcement agency or laboratory shall not be compelled in a criminal or civil proceeding, except as required by -a law enforcement agency’s duty to produce exculpatory evidence to a criminal defendant, -Brady v. Maryland (1963) 373 U.S. 83, -to provide any SAFE-T database contents to any person or party seeking those records or information. -SEC. 2. -The Legislature finds and declares that Section 1 of this act, which adds Section 680.1 to the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -In order to protect the privacy of victims of crime, it is necessary to keep the information in the SAFE-T database confidential. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the “Sexual Assault Victims’ DNA Bill of Rights,” which, among other things, encourages a law enforcement agency assigned to investigate specified sexual assault offenses to perform DNA testing of rape kit evidence or other crime scene evidence in a timely manner to assure the longest possible statute of limitations. Existing law also requires a law enforcement agency to inform victims of certain unsolved sexual assault offenses if the law enforcement agency elects not to analyze DNA evidence within certain time limits. -This bill would require law enforcement agencies to report information regarding rape kit evidence to the department through a database established by the department. The bill would require that information to include, among other things, the number of kits collected, the number of kits from which one or more biological evidence samples were submitted to a DNA laboratory for analysis, and the number of kits from which a probative DNA profile was generated. The bill would additionally require a public DNA laboratory, or a law enforcement agency contracting with a private laboratory, to provide a reason for not testing a sample every 120 days the sample is untested, except as specified. By imposing additional duties on local law enforcement, this bill would create a state-mandated local program. -This bill would require the department to file a report to the Legislature on an annual basis summarizing the information in its database. The bill would prohibit law enforcement agencies or laboratories from being compelled to provide any contents of the database in a civil or criminal case, except as required by a law enforcement agency’s duty to produce exculpatory evidence to a defendant in a criminal case. -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 680.1 to the Penal Code, relating to DNA evidence." -944,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 13000 of the Education Code is amended to read: -13000. -(a) This part shall be known and may be cited as the California Civil Liberties Public Education Act. The purpose of the California Civil Liberties Public Education Act is to sponsor public educational activities and development of educational materials to ensure that the events surrounding the exclusion, forced removal, and internment of citizens and permanent residents of Japanese ancestry will be remembered, and so that the causes and circumstances of this and similar events may be illuminated and understood. -(b) The Legislature finds and declares that the federal Commission on Wartime Relocation and Internment of Civilians (CWRIC) was established by Congress in 1980 to “review the facts and circumstances surrounding Executive Order 9066, issued in February 19, 1942, and the impact of such Executive Order on American citizens and permanent residents... and to recommend appropriate remedies.” The CWRIC issued a report of its findings in 1983 with the reports “Personal Justice Denied” and “Personal Justice Denied-Part II, Recommendations.” The reports were based on information gathered “through 20 days of hearings in cities across the country, particularly the West Coast, hearing testimony from more than 750 witnesses: evacuees, former government officials, public figures, interested citizens, and historians and other professionals who have studied the subjects of Commission inquiry.” -(c) The lessons to be learned from the internment of Japanese-Americans during World War II are embodied in “Personal Justice Denied-Part II, Recommendations.” The CWRIC concluded as follows: “In sum, Executive Order 9066 was not justified by military necessity, and the decisions that followed from it-exclusion, detention, the ending of detention and the ending of exclusion-were not founded upon military considerations. The broad historical causes that shaped these decisions were race prejudice, war hysteria, and a failure of political leadership. Widespread ignorance about Americans of Japanese descent contributed to a policy conceived in haste and executed in an atmosphere of fear and anger at Japan. A grave personal injustice was done to the American citizens and resident aliens of Japanese ancestry who, without individual review or any probative evidence against them were excluded, removed and detained by the United States during World War II.” -(d) The Legislature further finds and declares that President Ronald Reagan signed into law the federal Civil Liberties Act of 1988 and declared during the signing ceremony that “This is a great day for America.” In that act the Congress declared as follows: -“The Congress recognizes that, as described in the Commission on Wartime Relocation and Internment of Civilians, a grave injustice was done to both citizens and permanent residents of Japanese ancestry by the evacuation, relocation, and internment of civilians during World War II. As the Commission documents, these actions were carried out without adequate security reasons and without any acts of espionage or sabotage documented by the Commission, and were motivated largely by racial prejudice, wartime hysteria, and a failure of political leadership. The excluded individuals of Japanese ancestry suffered enormous damages, both material and intangible, and there were incalculable loses in education and job training, all of which resulted in significant human suffering for which appropriate compensation has not been made. For these fundamental violations of the basic civil liberties and constitutional rights of these individuals of Japanese ancestry, the Congress apologizes on behalf of the Nation.” -SEC. 2. -Section 32400 of the Education Code is amended to read: -32400. -(a) The Legislature finds that as many as one million seven hundred thousand aliens could be granted amnesty and would seek permanent residency in California under the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). Under the act, eligible aliens would be required to demonstrate an understanding of ordinary English and a knowledge and understanding of the history and government of the United States. -(b) Further, it is the intent of the Legislature to establish a state test for use by eligible aliens that would attest to their understanding of English and understanding of the history and government of the United States to meet the requirements of Section 312 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1423) and the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). -SEC. 3. -Section 32400 of the Education Code is amended to read: -32400. -(a) The Legislature finds that as many as one million seven hundred thousand undocumented foreign nationals could be granted amnesty and would seek permanent residency in California under the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). Under the act, eligible undocumented foreign nationals would be required to demonstrate an understanding of ordinary English and a knowledge and understanding of the history and government of the United States. -(b) Further, it is the intent of the Legislature to establish a state test for use by eligible foreign nationals that would attest to their understanding of English and understanding of the history and government of the United States to meet the requirements of Section 312 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1423) and the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). -SEC. 4. -Section 32401 of the Education Code is amended to read: -32401. -(a) The Superintendent, in consultation with the Chancellor of the California Community Colleges, shall develop a test or adopt an existing test, subject to the approval of the United States Attorney General pursuant to the federal Immigration Reform and Control Act of 1986 (Public Law 99-603), to measure whether an eligible foreign national has a minimal understanding of ordinary English and a knowledge and understanding of the history and government of the United States as required under Section 312 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1423). -(b) The Governor, the Superintendent, the Chancellor of the California Community Colleges, the President pro Tempore of the Senate, and the Speaker of the Assembly shall petition the Director of the United States Immigration and Naturalization Service and the United States Attorney General for approval to use the test referred to in subdivision (a) as one means by which an eligible foreign national may satisfy the requirements under the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). -(c) The Superintendent shall distribute the test referred to in subdivision (a) to school districts, county offices of education, and community colleges, upon their request for purposes of administration, to eligible foreign nationals granted legal status pursuant to Section 245A of the federal Immigration and Nationality Act, as amended by the Federal Immigration Reform and Control Act of 1986 (Public Law 99-603). Any school district, county office of education, or any other eligible agency that receives federal legalization impact-assistance funds to provide educational services may administer the test for purposes of determining the need of an eligible foreign national applying for legal status for appropriate educational services, and of allowing an eligible foreign national to demonstrate an understanding of ordinary English and a knowledge and understanding of the history and government of the United States. Test results shall be confidential, and shall not be released without the written consent of the eligible foreign national for any purpose that is not directly related to the provision of educational services. Upon request by an eligible foreign national applying for legal status, test results may be transmitted to the United States Immigration and Naturalization Service. School districts, county offices of education, community colleges, and any other eligible agencies that receive federal funds for this purpose shall administer the test using appropriate test monitor and control procedures and provide for necessary test security measures. -SEC. 5. -Section 52613 of the Education Code is amended to read: -52613. -(a) Notwithstanding any section to the contrary, each governing board of a school district maintaining classes for adults that issues a Certificate of Eligibility for Nonimmigrant (F-1) Student Status - For Academic and Language Students, Form I-20AB, or completes Form I-20AB for a nonimmigrant foreign national, as defined in subparagraph (F)(i) of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, for the purposes of enrolling the nonimmigrant foreign national in a class in English and citizenship for foreigners or a class in an elementary subject, shall charge the nonimmigrant foreign national a fee to cover the full costs of instruction, but in no case shall the fee exceed the actual cost of the instruction. The fee shall be adopted at a regular meeting of the governing board of each of these school districts maintaining classes for adults at least 90 days before the commencement of the classes for which the fee is charged. -(b) No school district maintaining classes for adults shall include the attendance of F-1 visa students enrolled in a class in English and citizenship for foreigners or in a class in elementary subjects for apportionment purposes. -SEC. 6. -Section 52651 of the Education Code is amended to read: -52651. -For purposes of this chapter, unless the context otherwise requires, the following terms shall have the following meanings: -(a) “Board of Governors” means the Board of Governors of the California Community Colleges. -(b) “Chancellor” means the Chancellor of the California Community Colleges. -(c) “Community-based organizations” means public nonprofit benefit corporations of demonstrated effectiveness approved by the Superintendent to provide educational services to eligible legalized persons. -(d) “Department” means the State Department of Education. -(e) “Educational outreach activities” means: -(1) Information transmitted to temporary resident foreign nationals regarding the requirements of the federal Immigration and Nationality Act of 1986 (8 U.S.C. Secs. 1160, 1161, and 1255a), as those requirements existed on the effective date of this chapter, relating to adjustment of resident status, sources of assistance to those foreign nationals obtaining adjustment of resident status, including educational, informational, and referral services, and the rights and responsibilities of those foreign nationals and foreign nationals lawfully admitted for permanent residence, the identification of health, employment, and social services, and the importance of identifying oneself as a temporary resident foreign national to service providers. It does not include client counseling or any other service that would assume responsibility of the foreign national’s application for the adjustment of resident status. -(2) Information provided to newly legalized persons and other immigrants regarding educational opportunities available to them. -(f) “Immigrant” means a person who is a citizen of a country other than the United States and is eligible for education services in California or a naturalized United States citizen who is now residing in California. -(g) “Newly legalized person” means a foreign national who has been granted lawful temporary resident status under Sections 1160, 1161, and 1255a of Title 8 of the United States Code, as those sections existed on the effective date of this chapter. In addition, it means a person who has, after being granted lawful temporary resident status, obtained permanent resident or citizenship status. -(h) “Services provider” means any community-based organization, school district maintaining adult education programs, or community college that has been approved by the Superintendent in the 1991–92 fiscal year as eligible to provide educational services to newly legalized persons pursuant to subdivision (k) of Section 23.50 of the Budget Act of 1991. -(i) “SLIAG” means the State Legalization Impact-Assistance Grants as set forth in Section 204 of the federal Immigration Reform and Control Act of 1986, (Sec. 204, P.L. 99-603), as it exists on the effective date of this chapter. -(j) “Superintendent” means the Superintendent of Public Instruction. -SEC. 7. -Section 68062 of the Education Code is amended to read: -68062. -In determining the place of residence the following rules are to be observed: -(a) There can only be one residence. -(b) A residence is the place where one remains when not called elsewhere for labor or other special or temporary purpose, and to which he or she returns in seasons of repose. -(c) A residence cannot be lost until another is gained. -(d) The residence can be changed only by the union of act and intent. -(e) A man or woman may establish his or her residence. A woman’s residence shall not be derivative from that of her husband. -(f) The residence of the parent with whom an unmarried minor child maintains his or her place of abode is the residence of the unmarried minor child. When the minor lives with neither parent his or her residence is that of the parent with whom he or she maintained his or her last place of abode, provided the minor may establish his or her residence when both parents are deceased and a legal guardian has not been appointed. -(g) The residence of an unmarried minor who has a parent living cannot be changed by his or her own act, by the appointment of a legal guardian, or by relinquishment of a parent’s right of control. -(h) A foreign national, including an unmarried minor foreign national, may establish his or her residence, unless precluded by the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq.) from establishing domicile in the United States. -(i) The residence of an unmarried minor foreign national shall be derived from his or her parents pursuant to the provisions of subdivisions (f) and (g). -SEC. 8. -Section 68130.5 of the Education Code is amended to read: -68130.5. -Notwithstanding any other law: -(a) A student, other than a nonimmigrant foreign national within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, who meets all of the following requirements shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges: -(1) Satisfaction of either of the following: -(A) High school attendance in California for three or more years. -(B) Attainment of credits earned in California from a California high school equivalent to three or more years of full-time high school coursework and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of those schools. -(2) Graduation from a California high school or attainment of the equivalent thereof. -(3) Registration as an entering student at, or current enrollment at, an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year. -(4) In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so. -(b) A student exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes. -(c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall prescribe rules and regulations for the implementation of this section. -(d) Student information obtained in the implementation of this section is confidential. -SEC. 9. -Section 69505 of the Education Code is amended to read: -69505. -(a) To the extent that federal financial analysis methodology incorporates this exemption, income received as reparation payments paid pursuant to federal law on or after October 1, 1990, for the purpose of redressing the injustice done to United States citizens and permanent residents of Japanese ancestry who were interned during World War II shall not be considered in determining an applicant’s financial need. -(b) To the extent that federal financial analysis methodology incorporates this exemption, income received as reparation payments paid by the Canadian government for the purpose of redressing the injustice done to persons of Japanese ancestry who were interned in Canada during World War II shall not be considered in determining an applicant’s financial need. -SEC. 10. -(a) Sections 3 to 8, inclusive, of this act shall not become operative unless, on or before January 20, 2017, the Superintendent of Public Instruction certifies, in writing, to the Secretary of State of California that House Resolution 3785 of the 114th United States Congress, or an equivalent measure, has been enacted and the Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act has become law, accomplishing both of the following with respect to an executive agency of the federal government: -(1) The replacement of the term “alien” with the term “foreign national” when used to refer to an individual who is not a citizen or national of the United States. -(2) The replacement of the term “illegal alien” with the term “undocumented foreign national” when used to refer to an individual who is unlawfully present in the United States or who lacks a lawful immigration status in the United States. -(b) In the event that the Superintendent of Public Instruction makes the certification referenced in subdivision (a), Section 2 of this act shall become inoperative.","(1) The existing California Civil Liberties Public Education Act has been enacted for the stated purpose of sponsoring public educational activities and development of educational materials to ensure that the events surrounding the exclusion, forced removal, and internment of persons of Japanese ancestry will be remembered and so that the causes and circumstances of this and similar events may be illuminated and understood. -Existing law requires, to the extent that federal financial analysis methodology incorporates this exemption, income received as reparation payments paid pursuant to federal law for the purpose of redressing the injustice done to persons of Japanese ancestry who were interned during World War II not be considered in determining an applicant’s financial need for purposes of student financial aid programs. -This bill would delete the term “resident aliens” from these provisions and replace it with the term “permanent residents.” -(2) Existing law expresses findings of the Legislature with respect to the impact of the federal Immigration Reform and Control Act of 1986 on illegal aliens. Existing law also states the intent of the Legislature to establish a state test that may be used by eligible aliens to attest to their understanding of English and understanding of the history and government of the United States to meet the requirements of that act. Existing law requires the Superintendent of Public Instruction, in consultation with the Chancellor of the California Community Colleges, to develop the state test referenced above. -This bill would delete the word “illegal” from the legislative findings relating to these aliens. -(3) This bill would also replace the word “alien” with the term “foreign national” in various provisions relating to educational services provided to immigrants, relating to adult education, and relating to the determination of residence for students of specified public postsecondary educational institutions, but this replacement would be operative only if the Superintendent certifies, in writing, to the Secretary of State of California on or before January 20, 2017, that this terminology has been changed in federal law as specified.","An act to amend Sections 13000, 32400, 32401, 52613, 52651, 68062, 68130.5, and 69505 of the Education Code, relating to educational services." -945,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6902.6 is added to the Revenue and Taxation Code, to read: -6902.6. -(a) A claim for refund that is otherwise valid under Sections 6902 and 6904 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. -(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 6481), Article 3 (commencing with Section 6511), or Article 4 (commencing with Section 6536) of Chapter 5. -(c) This section shall apply only to claims for refunds made on or after the effective date of the act adding this section. -SEC. 2. -Section 9152.3 is added to the Revenue and Taxation Code, to read: -9152.3. -(a) A claim for refund that is otherwise valid under Sections 9152 and 9153 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. -(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 8776), Article 3 (commencing with Section 8801), or Article 4 (commencing with Section 8826) of Chapter 4. -(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. -SEC. 3. -Section 30362.2 is added to the Revenue and Taxation Code, to read: -30362.2. -(a) A claim for refund that is otherwise valid under Sections 30362 and 30363 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. -(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 30201), Article 3 (commencing with Section 30221), or Article 4 (commencing with Section 30241) of Chapter 4. -(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. -SEC. 4. -Section 32402.3 is added to the Revenue and Taxation Code, to read: -32402.3. -(a) A claim for refund that is otherwise valid under Section 32402 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. -(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 32271), Article 3 (commencing with Section 32291), or Article 5 (commencing with Section 32311) of Chapter 6. -(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. -SEC. 5. -Section 40112.3 is added to the Revenue and Taxation Code, to read: -40112.3. -(a) A claim for refund that is otherwise valid under Sections 40112 and 40113 that is made in the case in which the amount of surcharge determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. -(b) For purposes of this section, “amount of surcharge determined” means an amount of surcharge, interest, or penalty, with respect to a single determination made under Article 3 (commencing with Section 40071) or Article 4 (commencing with Section 40081) of Chapter 4. -(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. -SEC. 6. -Section 41101.3 is added to the Revenue and Taxation Code, to read: -41101.3. -(a) A claim for refund that is otherwise valid under Sections 41101 and 41102 that is made in the case in which the amount of surcharge determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. -(b) For purposes of this section, “amount of surcharge determined” means an amount of surcharge, interest, or penalty, with respect to a single determination made under Article 3 (commencing with Section 41070) or Article 4 (commencing with Section 41080) of Chapter 4. -(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. -SEC. 7. -Section 43452.3 is added to the Revenue and Taxation Code, to read: -43452.3. -(a) A claim for refund that is otherwise valid under Section 43452 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. -(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 43201) or Article 5 (commencing with Section 43350) of Chapter 3. -(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. -SEC. 8. -Section 45652.3 is added to the Revenue and Taxation Code, to read: -45652.3. -(a) A claim for refund that is otherwise valid under Section 45652 that is made in the case in which the amount of fee determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. -(b) For purposes of this section, “amount of fee determined” means an amount of fee, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 45201) or Article 4 (commencing with Section 45351) of Chapter 3. -(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. -SEC. 9. -Section 46502.3 is added to the Revenue and Taxation Code, to read: -46502.3. -(a) A claim for refund that is otherwise valid under Sections 46502 and 46503 that is made in the case in which the amount of fee determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. -(b) For purposes of this section, “amount of fee determined” means an amount of fee, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 46201), Article 3 (commencing with Section 46251), or Article 4 (commencing with Section 46301) of Chapter 3. -(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. -SEC. 10. -Section 50140.3 is added to the Revenue and Taxation Code, to read: -50140.3. -(a) A claim for refund that is otherwise valid under Section 50140 that is made in the case in which the amount of fee determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. -(b) For purposes of this section, “amount of fee determined” means an amount of fee, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 50113) or Article 4 (commencing with Section 50120.1) of Chapter 3. -(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. -SEC. 11. -Section 55222.3 is added to the Revenue and Taxation Code, to read: -55222.3. -(a) A claim for refund that is otherwise valid under Section 55222 that is made in the case in which the amount of fee determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. -(b) For purposes of this section, “amount of fee determined” means an amount of fee, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 55061) or Article 4 (commencing with Section 55101) of Chapter 3. -(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section. -SEC. 12. -Section 60522.3 is added to the Revenue and Taxation Code, to read: -60522.3. -(a) A claim for refund that is otherwise valid under Sections 60522 and 60523 that is made in the case in which the amount of tax determined has not been paid in full shall be deemed to be a timely filed claim for refund with respect to all subsequent payments applied to that determination. -(b) For purposes of this section, “amount of tax determined” means an amount of tax, interest, or penalty, with respect to a single determination made under Article 2 (commencing with Section 60301), Article 3 (commencing with Section 60310), or Article 4 (commencing with Section 60330) of Chapter 6. -(c) This section shall apply to all claims for refund on or after the effective date of the act adding this section.","Existing law establishes procedures by which a person may claim a refund for an overpayment of the taxes, fees, and surcharges imposed by the Sales and Use Tax Law, the Use Fuel Tax Law, the Cigarette and Tobacco Products Tax Law, the Alcoholic Beverage Tax Law, the Energy Resources Surcharge Law, the Emergency Telephone Users Surcharge Act, the Hazardous Substances Tax Law, the Integrated Waste Management Fee Law, the Oil Spill Response, Prevention, and Administration Fees Law, the Underground Storage Tank Maintenance Fee Law, and the Diesel Fuel Tax Law, and of taxes, fees, and surcharges imposed in accordance with the Fee Collection Procedures Law. Existing law generally requires that a claim be filed within 3 years after specified periods in which the overpayment was made. -This bill would, with respect to each of the above-described laws, provide that a claim that is otherwise valid that is made in the case in which the amount of tax determined, as defined, has not been paid in full is deemed a timely filed claim for refund with respect to all subsequent payments applied to that determination. The bill would specify that its provisions apply only to claims for refund on or after its effective date.","An act to add Sections 6902.6, 9152.3, 30362.2, 32402.3, 40112.3, 41101.3, 43452.3, 45652.3, 46502.3, 50140.3, 55222.3, and 60522.3 to the Revenue and Taxation Code, relating to taxation." -946,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7500.1 of the Business and Professions Code is amended to read: -7500.1. -The following terms as used in this chapter have the meaning expressed in this section: -(a) “Advertisement” means any written or printed communication, including a directory listing, except a free telephone directory listing that does not allow space for a license number. -(b) “Assignment” or “repossession order” means any written authorization by the legal owner, lienholder, lessor, lessee, or registered owner, or the agent of any of them, to skip trace, locate, or repossess any collateral, including, but not limited to, collateral registered under the Vehicle Code that is subject to a security agreement that contains a repossession clause. “Assignment” or “repossession order” also means any written authorization by an employer to recover any collateral entrusted to an employee or former employee in possession of the collateral. A photocopy of an assignment or repossession order, facsimile copy of an assignment or repossession order, or electronic format of an assignment or repossession order shall have the same force and effect as an original written assignment or repossession order. -(c) “Bureau” means the Bureau of Security and Investigative Services. -(d) “Chief” means the Chief of the Bureau of Security and Investigative Services. -(e) “Collateral” means any specific vehicle, trailer, boat, recreational vehicle, motor home, appliance, or other property that is subject to a security agreement. -(f) “Combustibles” means any substances or articles that are capable of undergoing combustion or catching fire, or that are flammable, if retained. -(g) “Dangerous drugs” means any controlled substances as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code. -(h) “Deadly weapon” means and includes any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, metal knuckles, dirk, dagger, pistol, or revolver, or any other firearm, any knife having a blade longer than five inches, any razor with an unguarded blade, and any metal pipe or bar used or intended to be used as a club. -(i) “Debtor” means any person obligated under a security agreement. -(j) “Department” means the Department of Consumer Affairs. -(k) “Director” means the Director of Consumer Affairs. -(l) “Electronic format” includes, but is not limited to, a text message, email, or Internet posting. -(m) “Health hazard” means any personal effects that if retained would produce an unsanitary or unhealthful condition, or which might damage other personal effects. -(n) “Legal owner” means a person holding a security interest in any collateral where the collateral is subject to a security agreement, a lien against any collateral, an assignment or a repossession order, or an interest in any collateral that is subject to a lease agreement. -(o) “Licensee” means an individual, partnership, limited liability company, or corporation licensed under this chapter as a repossession agency. -(p) “Multiple licensee” means a repossession agency holding more than one repossession license under this chapter, with one fictitious trade style and ownership, conducting repossession business from additional licensed locations other than the location shown on the original license. -(q) “Person” includes any individual, partnership, limited liability company, or corporation. -(r) “Personal effects” means any property that is not the property of the legal owner. -(s) “Private building” means and includes any dwelling, outbuilding, or other enclosed structure. -(t) “Qualified certificate holder” or “qualified manager” is a person who possesses a valid qualification certificate in accordance with the provisions of Article 5 (commencing with Section 7504) and is in active control or management of, and who is a director of, the licensee’s place of business. -(u) “Registered owner” means the individual listed in the records of the Department of Motor Vehicles, on a conditional sales contract, or on an assignment or a repossession order, as the registered owner. -(v) “Registrant” means a person registered under this chapter. -(w) “Secured area” means and includes any fenced and locked area. -(x) “Security agreement” means an obligation, pledge, mortgage, chattel mortgage, lease agreement, deposit, or lien, given by a debtor as security for payment or performance of his or her debt, by furnishing the creditor with a recourse to be used in case of failure in the principal obligation. “Security agreement” also includes a bailment where an employer-employee relationship exists or existed between the bailor and the bailee. -(y) “Services” means any duty or labor to be rendered by one person for another. -(z) “Violent act” means any act that results in bodily harm or injury to any party involved. -(aa) The amendments made to this section by Chapter 418 of the Statutes of 2006 shall not be deemed to exempt any person from the provisions of this chapter. -SEC. 2. -Section 7504 of the Business and Professions Code is amended to read: -7504. -(a) Except as otherwise provided in this chapter, an applicant for a qualification certificate shall comply with all of the following: -(1) Be at least 18 years of age. -(2) Have been, for at least two years of lawful experience, during the five years preceding the date on which his or her application is filed, a registrant or have had two years of lawful experience in recovering collateral within this state. Lawful experience means experience in recovering collateral as a registrant pursuant to this chapter or as a salaried employee of a financial institution or vehicle dealer. Lawful experience does not include any employment performing work other than skip tracing or actual collateral recovery. -Two years’ experience shall consist of not less than 4,000 hours of actual compensated work performed by the applicant preceding the filing of an application. -An applicant shall certify that he or she has completed the claimed hours of qualifying experience and the exact details as to the character and nature thereof by written certifications from the employer, licensee, financial institution, or vehicle dealer, subject to independent verification by the director as he or she may determine. In the event of the inability of an applicant to supply the written certifications from the employer, licensee, financial institution, or vehicle dealer, in whole or in part, applicants may offer other written certifications from other persons substantiating their experience for consideration by the director. All certifications shall include a statement that representations made are true, correct, and contain no material omissions of fact to the best knowledge and belief of the applicant or the person submitting the certification. An applicant or person submitting the certification who declares as true any material matter pursuant to this paragraph that he or she knows to be false is guilty of a misdemeanor. -(3) Complete and forward to the bureau a qualified certificate holder application which shall be on a form prescribed by the director and signed by the applicant. An applicant who declares as true any material matter pursuant to this paragraph that he or she knows to be false is guilty of a misdemeanor. The application shall be accompanied by two recent photographs of the applicant, of a type prescribed by the director, and two classifiable sets of his or her fingerprints. The residence address, residence telephone number, and driver’s license number of each qualified certificate holder or applicant for a qualification certificate, if requested, shall be confidential pursuant to the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) and shall not be released to the public. -(4) Pass the required examination. -(5) Pay the required application and examination fees to the bureau. -(b) Upon the issuance of the initial qualification certificate or renewal qualification certificate, the bureau shall issue to the certificate holder a suitable pocket identification card which includes a photograph of the certificate holder. The photograph shall be of a size prescribed by the bureau. The card shall contain the name of the licensee with whom the certificate holder is employed. -(c) The application form shall contain a statement informing the applicant that a false or dishonest answer to a question may be grounds for denial or subsequent suspension or revocation of a qualification certificate. -SEC. 3. -Section 7507.3 of the Business and Professions Code is amended to read: -7507.3. -A repossession agency shall be required to keep and maintain adequate records of all transactions, including, but not limited to, assignment or repossession order forms; vehicle report of repossession required by Section 28 of the Vehicle Code; vehicle condition reports, including odometer readings, if available; personal effects inventory; notice of seizure; and records of all transactions pertaining to the sale of collateral that has been repossessed, including, but not limited to, bids solicited and received, cash received, deposits made to the trust account, remittances to the seller, and allocation of any moneys not so remitted to appropriate ledger accounts. Records, including bank statements of the trust account, shall be retained for a period of not less than four years and shall be available for examination by the bureau upon demand. In addition, collateral and personal effects storage areas shall be made accessible for inspection by the bureau upon demand. An assignment or repossession order form may be an original, a photocopy, a facsimile copy, or a copy stored in an electronic format. -SEC. 4. -Section 7507.13 of the Business and Professions Code is amended to read: -7507.13. -(a) A licensed repossession agency is not liable for the act or omission of a legal owner, debt collector, debtor, lienholder, lessor, lessee, or registered owner, or an agent of any of them, in making an assignment or repossession order to it or for accepting an assignment or repossession order from any legal owner, debt collector, debtor, lienholder, lessor, lessee, or registered owner, or an agent of any of them, and is entitled to indemnity from the legal owner, debt collector, debtor, lienholder, lessor, lessee, or registered owner for any loss, damage, cost, or expense, including court costs and attorney’s fees, that it may reasonably incur as a result thereof. Nothing in this subdivision limits the liability of any person for his or her tortious conduct. -(b) The legal owner, debt collector, debtor, lienholder, lessor, lessee, or registered owner, or the agent of any of them, is not liable for any act or omission by a licensed repossession agency, or its agent, in carrying out an assignment or repossession order and is entitled to indemnity from the repossession agency for any loss, damage, cost, or expense, including court costs and attorney’s fees, that the legal owner, debt collector, debtor, lienholder, lessor, lessee, or registered owner, or the agent of any of them, may reasonably incur as a result thereof. Nothing in this subdivision limits the liability of any person for his or her tortious conduct. -(c) The legal owner, debtor, lienholder, lessor, lessee, or registered owner, or the agent of any of them, is not guilty of a violation of Section 7502.1 or 7502.2 if, at the time of the assignment or repossession order, the party making the assignment or repossession order has in its possession a copy of the repossessor’s current, unexpired repossession agency license, and a copy of the current, unexpired repossession agency’s qualified manager’s certificate, and does not have actual knowledge of any order of suspension or revocation of the license or certificate. -(d) Neither a licensed repossession agency nor a legal owner, debtor, lienholder, lessor, lessee, or registered owner, or an agent of any of them may, by any means, direct or indirect, express or implied, instruct or attempt to coerce the other to violate any law, regulation, or rule regarding the recovery of any collateral, including, but not limited to, the provisions of this chapter or Section 9609 of the Commercial Code. -(e) A licensed repossession agency, at least annually, on or before January 31 of each year, shall provide a legal owner from which the agency accepts an assignment or repossession order with a copy of this section, Sections 7500.2, 7507.4, 7507.115, 7507.12, and 7507.125 of this code, and Section 28 of the Vehicle Code. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) The Collateral Recovery Act provides for the licensure and regulation of repossession agencies by the Bureau of Security and Investigative Services under the supervision and control of the Director of Consumer Affairs. That act defines the term “repossession” as meaning the locating or recovering of collateral by means of an assignment. That act defines the term “assignment” as any written authorization by the legal owner, lienholder, lessor, lessee, registered owner, or the agent of any of them, to repossess any collateral or any written authorization by an employer to recover any collateral entrusted to an employee or former employee in possession of the collateral. That act provides for the issuance of qualification certificates, required for the management of the places of business of licensed repossession agencies, to applicants who meet certain requirements, including, among others, 2 years of lawful experience in recovering collateral and provides that lawful experience does not include employment performing work other than skip tracing, debt collection, or actual collateral recovery. That act makes a violation of any of its provisions a crime. -This bill would remove debt collection from the employment included under lawful experience. The bill would change the definition of assignment to also include any written authorization to skip trace or locate, would define the term “repossession order” as having the same meaning as “assignment,” and would make conforming changes. The bill would delete the definition for the term “repossession.” By expanding the scope of a crime, this bill would impose a state-mandated local program. -Under the Collateral Recovery Act, licensed repossession agencies are not liable for specified acts or omissions of a legal owner, debtor, lienholder, lessor, lessee, registered owner, or agent of any of them, and are entitled to indemnity from the legal owner, debtor, lienholder, lessor, lessee, or registered owner for losses incurred as a result of those acts or omissions. Under the act, those persons or their agents are not liable for acts or omissions by a licensed repossession agency or its agent in carrying out a repossession order and are entitled to indemnity from the licensed repossession agency for losses incurred as a result of those acts or omissions, as specified. -This bill would extend the above-described provisions applicable to a legal owner, debtor, lienholder, lessor, lessee, or registered owner to a debt collector. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 7500.1, 7504, 7507.3, and 7507.13 of the Business and Professions Code, relating to collateral recovery." -947,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1464 of the Penal Code is amended to read: -1464. -(a) (1) Subject to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and except as otherwise provided in this section, there shall be levied a state penalty in the amount of ten dollars ($10) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including all offenses, except parking offenses as defined in subdivision (i) of Section 1463, involving a violation of a section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. -(2) Any bail schedule adopted pursuant to Section 1269b or bail schedule adopted by the Judicial Council pursuant to Section 40310 of the Vehicle Code may include the necessary amount to pay the penalties established by this section and Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and the surcharge authorized by Section 1465.7, for all matters where a personal appearance is not mandatory and the bail is posted primarily to guarantee payment of the fine. -(3) The penalty imposed by this section does not apply to the following: -(A) Any restitution fine. -(B) Any penalty authorized by Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code. -(C) Any parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. -(D) The state surcharge authorized by Section 1465.7. -(b) Where multiple offenses are involved, the state penalty shall be based upon the total fine or bail for each case. When a fine is suspended, in whole or in part, the state penalty shall be reduced in proportion to the suspension. -(c) When any deposited bail is made for an offense to which this section applies, and for which a court appearance is not mandatory, the person making the deposit shall also deposit a sufficient amount to include the state penalty prescribed by this section for forfeited bail. If bail is returned, the state penalty paid thereon pursuant to this section shall also be returned. -(d) In any case where a person convicted of any offense, to which this section applies, is in prison until the fine is satisfied, the judge may waive all or any part of the state penalty, the payment of which would work a hardship on the person convicted or his or her immediate family. -(e) After a determination by the court of the amount due, the clerk of the court shall collect the penalty and transmit it to the county treasury. The portion thereof attributable to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code shall be deposited in the appropriate county fund and 70 percent of the balance shall then be transmitted to the State Treasury, to be deposited in the State Penalty Fund, which is hereby created, and 30 percent to remain on deposit in the county general fund. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by a county. -(f) The moneys so deposited in the State Penalty Fund shall be distributed as follows: -(1) Once a month there shall be transferred into the Fish and Game Preservation Fund an amount equal to 0.33 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month, except that the total amount shall not be less than the state penalty levied on fines or forfeitures for violation of state laws relating to the protection or propagation of fish and game. These moneys shall be used for the education or training of department employees which fulfills a need consistent with the objectives of the Department of Fish and -Game. -Wildlife. -(2) Once a month there shall be transferred into the Restitution Fund an amount equal to 32.02 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. Those funds shall be made available in accordance with Section 13967 of the Government Code. -(3) Once a month there shall be transferred into the Peace Officers’ Training Fund an amount equal to 23.99 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. -(4) Once a month there shall be transferred into the -Driver Training Penalty Assessment -Body-worn Camera -Fund an amount equal to 25.70 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. -(5) Once a month there shall be transferred into the Corrections Training Fund an amount equal to 7.88 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. Money in the Corrections Training Fund is not continuously appropriated and shall be appropriated in the Budget Act. -(6) Once a month there shall be transferred into the Local Public Prosecutors and Public Defenders Training Fund established pursuant to Section 11503 an amount equal to 0.78 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. The amount so transferred shall not exceed the sum of eight hundred fifty thousand dollars ($850,000) in any fiscal year. The remainder in excess of eight hundred fifty thousand dollars ($850,000) shall be transferred to the Restitution Fund. -(7) Once a month there shall be transferred into the Victim-Witness Assistance Fund an amount equal to 8.64 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. -(8) (A) Once a month there shall be transferred into the Traumatic Brain Injury Fund, created pursuant to Section 4358 of the Welfare and Institutions Code, an amount equal to 0.66 percent of the state penalty funds deposited into the State Penalty Fund during the preceding month. However, the amount of funds transferred into the Traumatic Brain Injury Fund for the 1996–97 fiscal year shall not exceed the amount of five hundred thousand dollars ($500,000). Thereafter, funds shall be transferred pursuant to the requirements of this section. Notwithstanding any other provision of law, the funds transferred into the Traumatic Brain Injury Fund for the 1997–98, 1998–99, and 1999–2000 fiscal years, may be expended by the State Department of Mental Health, in the current fiscal year or a subsequent fiscal year, to provide additional funding to the existing projects funded by the Traumatic Brain Injury Fund, to support new projects, or to do both. -(B) Any moneys deposited in the State Penalty Fund attributable to the assessments made pursuant to subdivision (i) of Section 27315 of the Vehicle Code on or after the date that Chapter 6.6 (commencing with Section 5564) of Part 1 of Division 5 of the Welfare and Institutions Code is repealed shall be utilized in accordance with paragraphs (1) to (8), inclusive, of this subdivision. -SEC. 2. -Title 14 (commencing with Section 14400) is added to Part 4 of the Penal Code, to read: -TITLE 14. Body-Worn Camera Grant Program for Local Law Enforcement -14400. -The Board of State and Community Corrections shall develop a grant program for the purpose of making funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment, and to hire personnel necessary to operate a local body-worn camera program. -14402. -The Body-worn Camera Fund is hereby created. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the Board of State and Community Corrections for the purposes of Section 14400. -14404. -If federal funds become available for the purpose of purchasing body-worn cameras and related equipment for local law enforcement, the Board of State and Community Corrections shall adjust the grant program to maximize state and local competitiveness in obtaining federal funds, and the board shall either apply for federal funds on behalf of a local law enforcement agency, or reimburse a local law enforcement agency that has expended funds for federal funds purposes. -SECTION 1. -Section 566 of the -Penal Code -is amended to read: -566. -It is a felony, punishable by a fine not exceeding one thousand five hundred dollars ($1,500), or by imprisonment pursuant to subdivision (h) of Section 1170, or both, for an unauthorized person to possess or use, or to obliterate or destroy the brand registration upon, containers, including milk cases, cabinets, or other dairy equipment, which have a value in excess of nine hundred fifty dollars ($950), when the containers, cabinets, or other dairy equipment are marked with a brand that is registered pursuant to Chapter 10 (commencing with Section 34501) of Part 1 of Division 15 of the Food and Agricultural Code. For purposes of this section, “unauthorized person” has the same meaning as defined in Section 34564 of the Food and Agricultural Code.","Existing law generally requires local agencies to provide each newly hired police officer and deputy sheriff with a pistol and other specified equipment. -This bill would require the Board of State and Community Corrections to develop a grant program to make funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment, and to hire personnel necessary to operate a local body-worn camera program. The bill would create the Body-worn Camera Fund, that would continuously appropriate funds to the board for those purposes. -Existing law creates the State Penalty Fund into which moneys collected by the courts from the imposition of fines, forfeitures, or penalties on criminal offenses are deposited. Once a month, certain percentages of money in that fund are transferred into other funds, including, among others, the Driver Training Penalty Assessment Fund. -This bill would delete the transfer requirement for the Driver Training Penalty Assessment Fund and instead require a transfer to the Body-worn Camera Fund. -By transferring general fund moneys into a continuously appropriated fund, this bill would make an appropriation. -Existing law makes it a felony for an unauthorized person, as defined, to possess, or use, or to obliterate or destroy the brand registration upon, containers, including milk cases, cabinets, or other dairy equipment, which have a value in excess of $950. -This bill would make technical, nonsubstantive changes to this provision.","An act to amend Section -566 of the Penal Code, relating to branded containers. -1464 of, and to add Title 14 (commencing with Section 14400) to Part 4 of, the Penal Code, relating to peace officers, and making an appropriation therefor." -948,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 27491.41 of the Government Code is amended to read: -27491.41. -(a) For purposes of this section, “sudden infant death syndrome” means the sudden death of any infant that is unexpected by the history of the infant and where a thorough postmortem examination fails to demonstrate an adequate cause of death. -(b) The Legislature finds and declares that sudden infant death syndrome, also referred to as SIDS, is the leading cause of death for children under age one, striking one out of every 500 children. The Legislature finds and declares that sudden infant death syndrome is a serious problem within the State of California, and that the public interest is served by research and study of sudden infant death syndrome and its potential causes and indications. -(c) (1) To facilitate these purposes, the coroner shall, within 24 hours or as soon thereafter as feasible, perform an autopsy in any case where an infant has died suddenly and unexpectedly. -(2) However, if the attending physician desires to certify that the cause of death is sudden infant death syndrome, an autopsy may be performed at the discretion of the coroner. If the coroner performs an autopsy pursuant to this section, he or she shall also certify the cause of death. -(d) The autopsy shall be conducted pursuant to a standardized protocol developed by the State Department of Public Health. The protocol is exempt from the procedural requirements pertaining to the adoption of administrative rules and regulations pursuant to Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. -(e) The protocol shall be followed by all coroners throughout the state when conducting the autopsies required by this section. The coroner shall state on the certificate of death that sudden infant death syndrome was the cause of death when the coroner’s findings are consistent with the definition of sudden infant death syndrome specified in the standardized autopsy protocol. The protocol may include requirements and standards for scene investigations, requirements for specific data, criteria for ascertaining cause of death based on the autopsy, and criteria for any specific tissue sampling, and any other requirements. The protocol may also require that specific tissue samples shall be provided to a central tissue repository designated by the State Department of Public Health. -(f) The State Department of Public Health shall establish procedures and protocols for access by researchers to any tissues, or other materials or data authorized by this section. Research may be conducted by any individual with a valid scientific interest and prior approval from the State Committee for the Protection of Human Subjects. The tissue samples, the materials, and all data shall be subject to the confidentiality requirements of Section 103850 of the Health and Safety Code. -(g) The coroner may take tissue samples for research purposes from infants who have died suddenly and unexpectedly without consent of the responsible adult if the tissue removal is not likely to result in any visible disfigurement. -(h) A coroner shall not be liable for damages in a civil action for any act or omission done in compliance with this section. -(i) Consent of any person is not required before undertaking the autopsy required by this section. -SEC. 1.5. -Section 27491.41 of the Government Code is amended to read: -27491.41. -(a) For purposes of this section, “sudden infant death syndrome” means the sudden death of any infant that is unexpected by the history of the infant and where a thorough postmortem examination fails to demonstrate an adequate cause of death. -(b) The Legislature finds and declares that sudden infant death syndrome, also referred to as SIDS, is the leading cause of death for children under age one, striking one out of every 500 children. The Legislature finds and declares that sudden infant death syndrome is a serious problem within the State of California, and that the public interest is served by research and study of sudden infant death syndrome and its potential causes and indications. -(c) (1) To facilitate these purposes, the coroner shall, within 24 hours or as soon thereafter as feasible, cause an autopsy to be performed in any case where an infant has died suddenly and unexpectedly. -(2) However, if the attending licensed physician and surgeon desires to certify that the cause of death is sudden infant death syndrome, an autopsy may be performed at the discretion of the coroner. If the coroner causes an autopsy to be performed pursuant to this section, he or she shall also certify the cause of death. -(d) The autopsy shall be conducted pursuant to a standardized protocol developed by the State Department of Public Health. The protocol is exempt from the procedural requirements pertaining to the adoption of administrative rules and regulations pursuant to Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. -(e) The protocol shall be followed by all coroners throughout the state when conducting an evaluation as part of an autopsy required by this section. The coroner shall state on the certificate of death that sudden infant death syndrome was the cause of death when the coroner’s findings are consistent with the definition of sudden infant death syndrome specified in the standardized autopsy protocol. The protocol may include requirements and standards for scene investigations, requirements for specific data, criteria for ascertaining cause of death based on the autopsy, and criteria for any specific tissue sampling, and any other requirements. The protocol may also require that specific tissue samples shall be provided to a central tissue repository designated by the State Department of Public Health. -(f) The State Department of Public Health shall establish procedures and protocols for access by researchers to any tissues, or other materials or data authorized by this section. Research may be conducted by any individual with a valid scientific interest and prior approval from the State Committee for the Protection of Human Subjects. The tissue samples, the materials, and all data shall be subject to the confidentiality requirements of Section 103850 of the Health and Safety Code. -(g) The coroner may take tissue samples for research purposes from infants who have died suddenly and unexpectedly without consent of the responsible adult if the tissue removal is not likely to result in any visible disfigurement. -(h) A coroner or licensed physician and surgeon shall not be liable for damages in a civil action for any act or omission done in compliance with this section. -(i) Consent of any person is not required before undertaking the autopsy required by this section. -SEC. 2. -Section 27491.42 is added to the Government Code, to read: -27491.42. -(a) For purposes of this article, “sudden unexplained death in childhood” means the sudden death of a child one year of age or older but under 18 years of age that is unexplained by the history of the child and where a thorough postmortem examination fails to demonstrate an adequate cause of death. -(b) The coroner shall notify the parent or responsible adult of a child described in subdivision (a) about the importance of taking tissue samples. -(c) A coroner shall not be liable for damages in a civil action for any act or omission in compliance with this section. -SEC. 3. -Section 1.5 of this bill incorporates amendments to Section 27491.41 of the Government Code proposed by both this bill and Senate Bill 1189. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 27491.41 of the Government Code, and (3) this bill is enacted after Senate Bill 1189, in which case Section 1 of this bill shall not become operative. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law states that the Legislature finds and declares that sudden infant death syndrome, as defined, is the leading cause of death for children under age one. Existing law requires the coroner to, among other things, perform an autopsy, within 24 hours or as soon thereafter as feasible, in any case where an infant has died suddenly and unexpectedly. -This bill would define “sudden unexplained death in childhood” as the sudden death of a child one year of age or older but under 18 years of age that is unexplained by the history of the child and for which a thorough postmortem examination fails to demonstrate an adequate cause of death. The bill would require the coroner to notify the parent or responsible adult of a child within that definition about the importance of taking tissue samples. The bill would also exempt the coroner from liability for damages in a civil action for any act or omission done in compliance with these provisions. The bill would make other, nonsubstantive, changes. -By expanding the duties of a local agency, this bill would create a state-mandated local program. -This bill would incorporate additional changes to Section 27491.41 of the Government Code, proposed by SB 1189, to be operative only if SB 1189 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 27491.41 of, and to add Section 27491.42 to, the Government Code, relating to inquests." -949,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6027 of the Penal Code is amended to read: -6027. -(a) It shall be the duty of the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, including, but not limited to, prevention, intervention, suppression, supervision, and incapacitation, as they relate to both adult corrections, juvenile justice, and gang problems. The board shall seek to collect and make publicly available up-to-date data and information reflecting the impact of state and community correctional, juvenile justice, and gang-related policies and practices enacted in the state, as well as information and data concerning promising and evidence-based practices from other jurisdictions. -(b) Consistent with subdivision (c) of Section 6024, the board shall also: -(1) Develop recommendations for the improvement of criminal justice and delinquency and gang prevention activity throughout the state. -(2) Identify, promote, and provide technical assistance relating to evidence-based programs, practices, and promising and innovative projects consistent with the mission of the board. -(3) Develop definitions of key terms, including, but not limited to, “recidivism,” “average daily population,” “treatment program completion rates,” and any other terms deemed relevant in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based practices, promising evidence-based practices, and evidence-based programs. In developing these definitions, the board shall consult with the following stakeholders and experts: -(A) A county supervisor or county administrative officer, selected after conferring with the California State Association of Counties. -(B) A county sheriff, selected after conferring with the California State Sheriffs’ Association. -(C) A chief probation officer, selected after conferring with the Chief Probation Officers of California. -(D) A district attorney, selected after conferring with the California District Attorneys Association. -(E) A public defender, selected after conferring with the California Public Defenders Association. -(F) The Secretary of the Department of Corrections and Rehabilitation. -(G) A representative from the Administrative Office of the Courts. -(H) A representative from a nonpartisan, nonprofit policy institute with experience and involvement in research and data relating to California’s criminal justice system. -(I) A representative from a nonprofit agency providing comprehensive reentry services. -(4) Receive and disburse federal funds, and perform all necessary and appropriate services in the performance of its duties as established by federal acts. -(5) Develop comprehensive, unified, and orderly procedures to ensure that applications for grants are processed fairly, efficiently, and in a manner consistent with the mission of the board. -(6) Identify delinquency and gang intervention and prevention grants that have the same or similar program purpose, are allocated to the same entities, serve the same target populations, and have the same desired outcomes for the purpose of consolidating grant funds and programs and moving toward a unified single delinquency intervention and prevention grant application process in adherence with all applicable federal guidelines and mandates. -(7) Cooperate with and render technical assistance to the Legislature, state agencies, units of general local government, combinations of those units, or other public or private agencies, organizations, or institutions in matters relating to criminal justice and delinquency prevention. -(8) Develop incentives for units of local government to develop comprehensive regional partnerships whereby adjacent jurisdictions pool grant funds in order to deliver services, such as job training and employment opportunities, to a broader target population, including at-risk youth, and maximize the impact of state funds at the local level. -(9) Conduct evaluation studies of the programs and activities assisted by the federal acts. -(10) Identify and evaluate state, local, and federal gang and youth violence suppression, intervention, and prevention programs and strategies, along with funding for those efforts. The board shall assess and make recommendations for the coordination of the state’s programs, strategies, and funding that address gang and youth violence in a manner that maximizes the effectiveness and coordination of those programs, strategies, and resources. By January 1, 2014, the board shall develop funding allocation policies to ensure that within three years no less than 70 percent of funding for gang and youth violence suppression, intervention, and prevention programs and strategies is used in programs that utilize promising and proven evidence-based principles and practices. The board shall communicate with local agencies and programs in an effort to promote the best evidence-based principles and practices for addressing gang and youth violence through suppression, intervention, and prevention. -(11) The board shall collect from each county the plan submitted pursuant to Section 1230.1 within two months of adoption by the county boards of supervisors. Commencing January 1, 2013, and annually thereafter, the board shall collect and analyze available data regarding the implementation of the local plans and other outcome-based measures, as defined by the board in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs’ Association. By July 1, 2013, and annually thereafter, the board shall provide to the Governor and the Legislature a report on the implementation of the plans described above. -(12) Commencing on and after July 1, 2012, the board, in consultation with the Administrative Office of the Courts, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, shall support the development and implementation of first phase baseline and ongoing data collection instruments to reflect the local impact of Chapter 15 of the Statutes of 2011, specifically related to dispositions for felony offenders and postrelease community supervision. The board shall make any data collected pursuant to this paragraph available on the board’s Internet Web site. It is the intent of the Legislature that the board promote collaboration and the reduction of duplication of data collection and reporting efforts where possible. -(13) Commencing on and after July 1, 2017, the board, in consultation with the Administrative Office of the Courts, the California District Attorneys Association, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, shall collect and analyze data regarding recidivism rates of all persons who receive a sentence pursuant to paragraph (2) or (5) of subdivision (h) of Section 1170 or who are placed on postrelease community supervision on or after July 1, 2017. The data shall include, as it becomes available, recidivism rates for these offenders one, two, and three years after their release in the community. The board shall make any data collected pursuant to this paragraph available on the board’s Internet Web site on a quarterly basis beginning on September 1, 2018. As used in this paragraph, the term “recidivism” shall have the same meaning as the definition of the term developed pursuant to paragraph (3). -(c) The board may do either of the following: -(1) Collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of criminal justice in the state. -(2) Perform other functions and duties as required by federal acts, rules, regulations, or guidelines in acting as the administrative office of the state planning agency for distribution of federal grants. -(d) Nothing in this chapter shall be construed to include, in the provisions set forth in this section, funds already designated to the Local Revenue Fund 2011 pursuant to Section 30025 of the Government Code.","Existing law requires the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, as specified. Existing law also requires the board, in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs’ Association, to collect and analyze data regarding local plans implementing the 2011 public safety realignment. -This bill would require the board, in consultation with the Administrative Office of the Courts, the California District Attorneys Association, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, to collect and analyze data regarding recidivism rates of all persons who receive a felony sentence punishable by imprisonment in county jail or who are placed on postrelease community supervision. The bill would also require the board to make this data available on the board’s Internet Web site.","An act to amend Section 6027 of the Penal Code, relating to corrections." -950,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 830.1 of the -Penal Code -is amended to read: -830.1. -(a)Any sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, any chief of police of a city or chief, director, or chief executive officer of a consolidated municipal public safety agency that performs police functions, any police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city, any chief of police, or police officer of a district, including police officers of the San Diego Unified Port District Harbor Police, authorized by statute to maintain a police department, any marshal or deputy marshal of a superior court or county, any port warden or port police officer of the Harbor Department of the City of Los Angeles, or any inspector or investigator employed in that capacity in the office of a district attorney, is a peace officer. The authority of these peace officers extends to any place in the state, as follows: -(1)As to any public offense committed or which there is probable cause to believe has been committed within the political subdivision that employs the peace officer or in which the peace officer serves. -(2)Where the peace officer has the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by him or her to give consent, if the place is within a city, or of the sheriff, or person authorized by him or her to give consent, if the place is within a county. -(3)As to any public offense committed or which there is probable cause to believe has been committed in the peace officer’s presence, and with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of the offense. -(b)The Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed. -(c)Any deputy sheriff of the County of Los Angeles, and any deputy sheriff of the Counties of Butte, Calaveras, Colusa, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa, Mendocino, Merced, Plumas, Riverside, San Benito, San Diego, San Luis Obispo, Santa Barbara, Santa Clara, Shasta, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her respective employment and for the purpose of carrying out the primary function of employment relating to his or her custodial assignments, or when performing other law enforcement duties directed by his or her employing agency during a local state of emergency. -SEC. 2. -SECTION 1. -The sum of one million three hundred fifteen thousand dollars ($1,315,000) is hereby appropriated from the General Fund to the Regents of the University of California, for allocation to the University of California, Merced, for all of the following public safety purposes: -(a) Forty thousand dollars ($40,000) for two mobile traffic message boards. -(b) Three thousand dollars ($3,000) for two fire area of refuge consoles. -(c) Eighteen thousand dollars ($18,000) for fire extinguisher training equipment. -(d) Twenty-four thousand dollars ($24,000) for three fixed license plate recognition (LPR) camera systems. -(e) One hundred forty thousand dollars ($140,000) for 40 EvacuChairs. -(f) Fifty-two thousand dollars ($52,000) for 40 automated external defibrillators with training equipment. -(g) Four hundred twenty thousand dollars ($420,000) for a mobile incident management vehicle and equipment. -(h) One hundred fifty thousand dollars ($150,000) for a mobile use of force options system. -(i) Thirty thousand dollars ($30,000) for six mobile computers with service. -(j) Forty-two thousand dollars ($42,000) for six in-car video systems. -(k) Ten thousand dollars ($10,000) for two vehicle-mounted LPR camera systems. -(l) Fifteen thousand dollars ($15,000) for one Cellebrite system. -(m) Seventy-five thousand dollars ($75,000) for one crime scene mapping system. -(n) Sixty thousand dollars ($60,000) for three portable wireless camera systems. -(o) Thirty-six thousand dollars ($36,000) for 360 crowd control barriers. -(p) Two hundred thousand dollars ($200,000) for safety improvement to an energy dissipator on Fairfield Canal.","Existing law establishes categories of peace officers with varying powers and authority to make arrests and carry firearms. Under existing law, in certain counties, a deputy sheriff, who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her employment and for the purpose of carrying out the primary function of employment relating to his or her custodial assignments, or when performing other law enforcement duties directed by his or her employing agency during a local state of emergency. -This bill would include deputy sheriffs in the County of Merced within that definition of peace officers, as specified. -Under existing law, the University of California is established, under the administration of the Regents of the University of California, as one of the segments of public postsecondary education in this state. The University of California provides instruction to students at campuses in Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz. -This bill would appropriate $1,315,000 from the General Fund to the Regents of the University of California, for allocation to the University of California, Merced, for various public safety purposes.","An act -to amend Section 830.1 of the Penal Code, -relating to public safety, and making an appropriation therefor." -951,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) Notwithstanding any law, the Director of General Services shall revert the real property described in subdivision (b) to the City of San Buenaventura. -(b) (1) The real property to be reverted pursuant to subdivision (a) is identified in Exhibit B of the Grant Deed to the State of California from the City of San Buenaventura, recorded in the County of Ventura as instrument number 20040802-0211869. -(2) Exhibit B of the grant deed described in paragraph (1) describes that real property as consisting of approximately 9.68 acres, and is described as beginning at the southeast corner of said parcel of land described in deed recorded in book 4513, page 398, of official records; thence -(A) 1st south 36˚00'00"" east, 241 feet; thence -(B) 2nd north 53˚34'00"" east, 530.66 feet to the westerly line of that linear park parcel described in that grant deed recorded as instrument number 20030904-0335457 of official records; thence along said westerly line for the following six courses -(C) 3rd south 15˚01'34"" east 47.18 feet to the beginning of a non-tangent curve concave easterly, having a radius of 527.68 feet and a radial bearing of south 64˚42'54"" east; thence -(D) 4th southwesterly along said curve an arc distance of 237.74 feet through a central angle of 25˚48'51""; thence -(E) 5th south 00˚31'45"" east, 40 feet to the beginning of a tangent curve concave westerly and having a radius of 427.68 feet; thence -(F) 6th southerly along said curve an arc distance of 114.40 feet through a central angle of 15˚19'33""; thence -(G) 7th south 40˚51'15"" west, 473.78 feet; thence -(H) 8th south 22˚46'13"" west, 161.08 feet to a point on the northerly line of Ventura County Transportation Commission right-of-way, 100 feet wide, as described in a deed recorded as instrument number 95-131254 of official records; thence along said northerly line -(I) 9th south 40˚51'15"" west, 104.73 feet to the easterly line of parcel 82 as shown on that map of tract 4542 recorded in book 148, page 24 of miscellaneous records (maps); thence along the easterly line of said tract 4542 for the following seven courses -(J) 10th north 36˚26'00"" east, 307.96 feet; thence -(K) 11th north 28˚40'59"" east, 38.85 feet; thence -(L) 12th north 36˚26'00"" east, 50.38 feet; thence -(M) 13th north 51˚19'13"" west, 134.80 feet; thence -(N) 14th north 36˚19'01"" east 110.16 feet to the beginning of a non-tangent curve concave westerly, having a radius of 150 feet and a radial bearing of north 33˚52'13"" west; thence -(O) 15th northerly along said curve an arc distance of 242.33 feet through a central angle of 92˚33'47""; thence -(P) 16th north 53˚34'00"" east, 313 feet to the point of beginning. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the requirements to build a veterans’ home on said parcel of land, as contained in the grant deed recorded in the County of Ventura as instrument number 20040802-0211869, the fact that the State of California has no plans to build a veterans’ home on said parcel of land, and that the City of San Buenaventura wants to explore constructing veterans’ housing on that parcel of land at the earliest opportunity. -SECTION 1. -Section 35147 of the -Education Code -is amended to read: -35147. -(a)Except as specified in this section, any meeting of the councils or committees specified in subdivision (b) is exempt from the provisions of this article, the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Division 3 of Title 2 of the Government Code), and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code). -(b)The councils and schoolsite advisory committees established pursuant to Sections 52063, 52069, 52176, and 52852, subdivision (b) of Section 54425, Sections 54444.2 and 62002.5, and committees formed pursuant to Section 11503, are subject to this section. -(c)(1)Any meeting held by a council or committee specified in subdivision (b) shall be open to the public, and any member of the public shall be able to address the council or committee during the meeting on any item within the subject matter jurisdiction of the council or committee. Notice of the meeting shall be posted at the schoolsite, or other appropriate place accessible to the public, at least 72 hours before the time set for the meeting. The notice shall specify the date, time, and location of the meeting, and contain an agenda describing each item of business to be discussed or acted upon. The council or committee may not take any action on any item of business unless that item appeared on the posted agenda or unless the council or committee members present, by unanimous vote, find that there is a need to take immediate action and that the need for action came to the attention of the council or committee subsequent to the posting of the agenda. -(2)Questions or brief statements made at a meeting by members of the council, committee, or public that do not have a significant effect on pupils or employees in the school or school district, or that can be resolved solely by the provision of information, need not be described on an agenda as items of business. If a council or committee violates the procedural meeting requirements of this section, and upon the demand of any person, the council or committee shall reconsider the item at its next meeting, after allowing for public input on the item. -(d)Any materials provided to a schoolsite council shall be made available to any member of the public who requests the materials pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).","Existing law requires the Department of General Services to provide planning, acquisition, construction, and maintenance of state buildings and property, and maintain a statewide property inventory of all real property held by the state. -This bill would authorize the Director of General Services to revert a specified parcel of state real property to the City of San Buenaventura pursuant to these provisions. -This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Buenaventura. -Under existing law, the meetings of school district governing boards are subject to the provisions of the Ralph M. Brown Act, which generally requires that the meetings of the governing boards of local agencies be open to the public with proper notice given, permit the recording of those meetings, prohibit legislative bodies from taking action by secret ballot and set forth other specific requirements for the conduct of those meetings. Existing law exempts the meetings of specified schoolsite councils and committees from the Ralph M. Brown Act and the Bagley-Keen Open Meeting Act, but still requires properly noticed public meetings with posted agendas. -This bill would delete obsolete statutory references from this provision and would correct references to certain parent advisory committees that fall within this exemption. The bill would also make nonsubstantive changes.","An act to amend Section 35147 of the Education Code, relating to local educational agencies. -An act relating to state real property." -952,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11545 of the Government Code is amended to read: -11545. -(a) (1) There is in state government the Department of Technology within the Government Operations Agency. The Director of Technology shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. The Director of Technology shall supervise the Department of Technology and report directly to the Governor on issues relating to information technology. -(2) Unless the context clearly requires otherwise, whenever the term “office of the State Chief Information Officer” or “California Technology Agency” appears in any statute, regulation, or contract, or any other code, it shall be construed to refer to the Department of Technology, and whenever the term “State Chief Information Officer” or “Secretary of California Technology” appears in any statute, regulation, or contract, or any other code, it shall be construed to refer to the Director of Technology. -(3) The Director of Technology shall be the State Chief Information Officer. -(b) The duties of the Director of Technology shall include, but are not limited to, all of the following: -(1) Advising the Governor on the strategic management and direction of the state’s information technology resources. -(2) Establishing and enforcing state information technology strategic plans, policies, standards, and enterprise architecture. This shall include the periodic review and maintenance of the information technology sections of the State Administrative Manual, except for sections on information technology procurement procedures, and information technology fiscal policy. The Director of Technology shall consult with the Director of General Services, the Director of Finance, and other relevant agencies concerning policies and standards these agencies are responsible to issue as they relate to information technology. -(3) Minimizing overlap, redundancy, and cost in state operations by promoting the efficient and effective use of information technology. -(4) Providing technology direction to agency and department chief information officers to ensure the integration of statewide technology initiatives, compliance with information technology policies and standards, and the promotion of the alignment and effective management of information technology services. Nothing in this paragraph shall be deemed to limit the authority of a constitutional officer, cabinet agency secretary, or department director to establish programmatic priorities and business direction to the respective agency or department chief information officer. -(5) Working to improve organizational maturity and capacity in the effective management of information technology. -(6) Establishing performance management and improvement processes to ensure state information technology systems and services are efficient and effective. -(7) Approving, suspending, terminating, and reinstating information technology projects. -(8) Performing enterprise information technology functions and services, including, but not limited to, implementing Geographic Information Systems (GIS), shared services, applications, and program and project management activities in partnership with the owning agency or department. -(9) Developing and tailoring baseline security controls for the state based on -emerging industry standards and -baseline security controls published by the National Institute of Standards and Technology (NIST). The Director of Technology shall review and revise the state baseline security controls whenever the NIST updates its baseline security controls -or advancing industry standards warrant -but, in no event, less frequently than once every -three years. -year. -State agencies shall comply with the state baseline security controls and shall not tailor their individual baseline security controls to fall below the state baseline security controls. -(c) The Director of Technology shall produce an annual information technology strategic plan that shall guide the acquisition, management, and use of information technology. State agencies shall cooperate with the department in the development of this plan, as required by the Director of Technology. -(1) Upon establishment of the information technology strategic plan, the Director of Technology shall take all appropriate and necessary steps to implement the plan, subject to any modifications and adjustments deemed necessary and reasonable. -(2) The information technology strategic plan shall be submitted to the Joint Legislative Budget Committee by January 15 of every year. -(d) The Director of Technology shall produce an annual information technology performance report that shall assess and measure the state’s progress toward enhancing information technology human capital management; reducing and avoiding costs and risks associated with the acquisition, development, implementation, management, and operation of information technology assets, infrastructure, and systems; improving energy efficiency in the use of information technology assets; enhancing the security, reliability, and quality of information technology networks, services, and systems; developing, tailoring, and complying with state baseline security controls; and improving the information technology procurement process. The department shall establish those policies and procedures required to improve the performance of the state’s information technology program. -(1) The department shall submit an information technology performance management framework to the Joint Legislative Budget Committee by May 15, 2009, accompanied by the most current baseline data for each performance measure or metric contained in the framework. The information technology performance management framework shall include the performance measures and targets that the department will utilize to assess the performance of, and measure the costs and risks avoided by, the state’s information technology program. The department shall provide notice to the Joint Legislative Budget Committee within 30 days of making changes to the framework. This notice shall include the rationale for changes in specific measures or metrics. -(2) State agencies shall take all necessary steps to achieve the targets set forth by the department and shall report their progress to the department on a quarterly basis. -(3) Notwithstanding Section 10231.5, the information technology performance report shall be submitted to the Joint Legislative Budget Committee by January 15 of every year. To enhance transparency, the department shall post performance targets and progress toward these targets on its public Internet Web site. -(4) The department shall at least annually report to the Director of Finance cost savings and avoidances achieved through improvements to the way the state acquires, develops, implements, manages, and operates state technology assets, infrastructure, and systems. This report shall be submitted in a timeframe determined by the Department of Finance and shall identify the actual savings achieved by each office, department, and agency. Notwithstanding Section 10231.5, the department shall also, within 30 days, submit a copy of that report to the Joint Legislative Budget Committee, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Appropriations, and the Assembly Committee on Budget. -(e) If the Governor’s Reorganization Plan No. 2 of 2012 becomes effective, this section shall prevail over Section 186 of the Governor’s Reorganization Plan No. 2 of 2012, regardless of the dates on which this section and that plan take effect, and this section shall become operative on July 1, 2013.","Existing law establishes within the Government Operations Agency the Department of Technology, under the supervision of the Director of Technology, also known as the State Chief Information Officer. Existing law requires the director to, among other things, advise the Governor on the strategic management and direction of the state’s information technology resources and provide technology direction to agency and department chief information officers to ensure the integration of statewide technology initiatives. Existing law further requires the director to produce an annual information technology performance report that assesses and measures the state’s progress toward specified goals. -This bill would require the director to develop, tailor, and subsequently review and revise baseline security controls for the state based on -emerging industry standards and -baseline security controls published by the National Institute of Standards and Technology. The bill would require state agencies to comply with, and prohibit state agencies from tailoring their individual baseline security controls to fall below, the state baseline security controls. The bill would require that the director’s annual information technology performance report also assess and measure the state’s progress toward developing, tailoring, and complying with the state baseline security controls.","An act to amend Section 11545 of the Government Code, relating to state government." -953,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 7 (commencing with Section 18974) is added to Chapter 11 of Part 6 of Division 9 of the Welfare and Institutions Code, to read: -Article 7. Child Sexual Abuse Prevention and Intervention Programs -18974. -(a) The Child Sexual Abuse Prevention Program is hereby established as a pilot program in no more than three counties to provide child sexual abuse prevention and intervention services through public or private nonprofit programs that provide child sexual abuse prevention and intervention services. -(b) The sum of fifty thousand dollars ($50,000) is hereby appropriated annually from the General Fund to each county that voluntarily chooses and is selected to conduct a pilot program under this article to prevent and reduce child sexual abuse. -(c) The State Department of Social Services shall select counties to participate in the Child Sexual Abuse Prevention Program, from among the counties that notify the department of their intention to -participate, based on the -participate. The -agency’s determination -that the counties have -shall be based on the following criteria: -(1) The county has -significant incidences of child sexual abuse or commercially sexually exploited -children and have -children. -(2) The county has identified -a public or private nonprofit organization with experience in child sexual abuse issues or commercial sexual exploitation issues that -is designated to -will -act as the primary administrator for the pilot program. -(3) A county shall be given priority for demonstrating that school districts within its jurisdiction are utilizing moneys from the Student Support and Academic Enrichment Grants created by the federal Every Student Succeeds Act (Public Law 114-95) to provide training for all school personnel on preventing and recognizing child sexual abuse. -(d) Each participating county is encouraged to efficiently use these funds by giving priority to programs currently serving the needs of at-risk children that meet the criteria in Section 18974.1 and that have demonstrated effectiveness in child sexual abuse prevention or intervention or commercial sexual exploitation prevention or intervention. The funds appropriated under this section shall not supplant or replace any existing funding for programs currently serving the needs of at-risk children, but may only supplement the expansion of existing programs or the collaboration of separate existing programs within the county, or fund newly created programs within the county if no current programs exist to serve the needs of children at risk of sexual abuse or commercial sexual exploitation. -18974.1. -(a) The county board of supervisors of a participating county shall allocate the pilot program funds according to the provisions of this article. The county board of supervisors may delegate the administration of the pilot program funds to the county social services department. -(b) Public or private nonprofit agencies shall be eligible for funding provided that evidence is submitted as part of the application to the county that the proposed services are not duplicated in the community, are based on needs of children at risk, and are supported by a local public agency, including, but not limited to, one of the following: -(1) The county welfare department. -(2) A public law enforcement agency. -(3) The county probation department. -(4) The county board of supervisors. -(5) The county public health department. -(6) The county mental health department. -(7) Any school district. -(c) The administering local agency shall, with oversight and review from the county board of supervisors, include and integrate the pilot program in the county system improvement plan, county self-assessments, and the county plan for other federal and state child abuse prevention programs. To the extent applicable, the county shall provide similar assurances, data, and outcome assessments to the Office of Child Abuse Prevention with respect to the pilot program as are provided regarding other federal and state child abuse prevention programs. -(d) Each participating county shall annually report to the State Department of Social Services, the Assembly Committee on Human Services, and the Senate Committee on Human Services information including, but not limited to, all of the following: -(1) Changing public attitudes or public opinion polls showing increased awareness of prevention techniques for child sexual abuse. -(2) The amount of educational materials distributed to stakeholder groups that address and promote child sexual abuse prevention and prevention techniques. -(3) Statistics on the increase or decrease of reports of child sexual abuse within the county. -(4) Identified best practices used by the pilot program that may be replicated and used by other counties, including, but not limited to, community outreach, data collection and analysis, and the creation of educational materials. -18974.2. -This article shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.","Existing law authorizes the Office of Child Abuse Prevention to fund, through allocations provided to local counties, child abuse and neglect prevention and intervention programs. Existing law creates the State Children’s Trust Fund in the State Treasury and requires money in the fund to be allocated to the State Department of Social Services for the purpose of funding child abuse and neglect prevention and intervention programs. -This bill would establish the Child Sexual Abuse Prevention Program as a pilot program in no more than 3 counties, as selected by the State Department of Social Services from among counties that volunteer to participate and based on specified criteria, to provide child sexual abuse prevention and intervention services through public or private nonprofit programs that provide those services. The bill would annually appropriate $50,000 from the General Fund to each county that is selected to conduct a pilot program, thereby making an appropriation. The bill would provide that public or private nonprofit agencies shall be eligible for this funding if specified evidence is provided and would encourage counties to give priority for funding to existing programs that have demonstrated effectiveness in child sexual abuse prevention or intervention or commercial sexual exploitation prevention or intervention. The bill would require each participating county to annually report to the State Department of Social Services, the Assembly Committee on Human Services, and the Senate Committee on Human Services specified information, including statistics on the increase or decrease of reports of child sexual abuse within the county. These provisions would be repealed on January 1, 2020.","An act to add and repeal Article 7 (commencing with Section 18974) of Chapter 11 of Part 6 of Division 9 of the Welfare and Institutions Code, relating to child sexual abuse, and making an appropriation therefor." -954,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12389 of the Insurance Code, as added by Section 3 of Chapter 370 of the Statutes of 2015, is amended to read: -12389. -(a) On and after July 1, 2016, an underwritten title company as defined in Section 12340.5 that is a stock corporation may, subject to subdivision (b), (1) engage in the business of preparing title searches, title reports, title examinations, or certificates or abstracts of title, upon the basis of which a title insurer writes title policies, and (2) conduct escrow services through business locations, as defined in Section 12340.13, in counties in which the underwritten title company is licensed to conduct escrow services regardless of the location of the real or personal property involved in the transaction. -(b) (1) Only a domestic corporation may be licensed under this section and no underwritten title company, as defined in Section 12340.5, may become licensed under this section, or change the name under which it is licensed or operates, unless it has first complied with Section 881. -(2) (A) Depending upon the county or counties in which the company is licensed to transact business, it shall maintain required minimum net worth and a bond or cash deposit as follows: -Aggregate number of documents -recorded and documents filed in the -preceding calendar year in all counties -where the company is licensed to transact -business -Number of documents -Amount of required -minimum net worth -Amount of bond or -cash deposit -Less than 50,000 ........................ -$ 75,000 -$ 50,000 -50,000 to 100,000 ........................ -120,000 -50,000 -100,000 to 500,000 ........................ -200,000 -100,000 -500,000 to 1,000,000 ........................ -300,000 -100,000 -1,000,000 or more ........................ -400,000 -100,000 -(B) “Net worth” for the purposes of this section is defined as the excess of assets over all liabilities and required reserves. The company may carry as an asset the actual cost of its title plant, provided the value ascribed to that asset shall not exceed the aggregate value of all other assets. -(C) If a title plant of an underwritten title company is not currently maintained, the asset value of the plant shall not exceed its asset value as determined in the preceding paragraph as of the date to which that plant is currently maintained, less one-tenth thereof for each succeeding year or part of the succeeding year that the plant is not being currently maintained. For the purposes of this section, a title plant shall be deemed currently maintained so long as it is used in the normal conduct of the business of title insurance, and (i) the owner of the plant continues regularly to obtain and index title record data to the plant or to a continuation thereof in a format other than that previously used, including, but not limited to, computerization of the data, or (ii) the owner of the plant is a participant, in an arrangement for joint use of a title plant system regularly maintained in any format, provided the owner is contractually entitled to receive a copy of the title record data contained in the jointly used title plant system during the period of the owner’s participation therein, either periodically or upon termination of that participation, at a cost not to exceed the actual cost of duplication of the title record data. -(D) An underwritten title company shall at all times maintain current assets of at least ten thousand dollars ($10,000) in excess of its current liabilities, as current assets and liabilities may be defined pursuant to regulations made by the commissioner. In making the regulations, the commissioner shall be guided by generally accepted accounting principles followed by certified public accountants in this state. -(3) (A) An underwritten title company shall obtain from the commissioner a license to transact its business. The license shall not be granted until the applicant conforms to the requirements of this section and all other provisions of this code specifically applicable to the applicant. After issuance the holder of the license shall continue to comply with the requirements as to its business set forth in this code, in the applicable rules and regulations of the commissioner, and in the laws of this state. -(B) An underwritten title company that possesses, or is required to possess, a license pursuant to this section shall be subject as if an insurer to the provisions of Article 8 (commencing with Section 820) of Chapter 1 of Part 2 of Division 1 of this code and is deemed to be subject to authorization by the Insurance Commissioner within the meaning of subdivision (e) of Section 25100 of the Corporations Code. -(C) The license may be obtained by filing an application on a form prescribed by the commissioner accompanied by a filing fee of three hundred fifty-four dollars ($354). The license when issued shall be for an indefinite term and shall expire with the termination of the existence of the holder, subject to the annual renewal fee imposed under Sections 12415 and 12416. -(D) An underwritten title company seeking to extend its license to an additional county shall pay a two-hundred-seven-dollar ($207) fee for each additional county, and shall furnish to the commissioner evidence, at least sufficient to meet the minimum net worth requirements of paragraph (2), of its financial ability to expand its business operation to include the additional county or counties. -(4) (A) An underwritten title company shall furnish an audit to the commissioner on the forms provided by the commissioner annually, either on a calendar year basis on or before March 31 or, if approved in writing by the commissioner in respect to any individual company, on a fiscal year basis on or before 90 days after the end of the fiscal year. The time for furnishing any audit required by this paragraph may be extended, for good cause shown, on written approval of the commissioner for a period, not to exceed -60 -90 -days. Failure to submit an audit on time, or within the extended time that the commissioner may grant, is grounds for an order by the commissioner to accept no new business pursuant to subdivision (d). The audits shall be private, except that a synopsis of the balance sheet on a form prescribed by the commissioner may be made available to the public. -(B) The audits shall be made in accordance with generally accepted auditing standards by an independent certified public accountant or independent licensed public accountant whose certification or license is in good standing at the time of the preparation. The fee for filing the audit shall be three hundred thirteen dollars ($313). -(C) The commissioner may refuse to accept an audit or order a new audit for any of the following reasons: -(i) An adverse result in any proceeding before the California Board of Accountancy affecting the auditor’s license. -(ii) The auditor has an affiliation with the underwritten title company or any of its officers or directors that would prevent his or her reports on the company from being reasonably objective. -(iii) The auditor has been convicted of a misdemeanor or felony based on his or her activities as an accountant. -(iv) A judgment adverse to the auditor in any civil action finding him or her guilty of fraud, deceit, or misrepresentation in the practice of his or her profession. -(D) A company that fails to file an audit or other report on or before the date it is due shall pay to the commissioner a penalty fee of one hundred eighteen dollars ($118) and on failure to pay that or another fee or file the audit required by this section shall forfeit the privilege of accepting new business until the delinquency is corrected. -(c) An underwritten title company may engage in the escrow business and act as escrow agent, provided that: -(1) It maintains a record of all receipts and disbursements of escrow funds. -(2) (A) It maintains a bond satisfactory to the commissioner in the amount set forth in subparagraph (A) of paragraph (2) of subdivision (b) of this section. The bond shall run to the state for the use of the state, and for any person who has cause against the obligor of the bond or under the provisions of this chapter. -(B) (i) In lieu of the bond described in subparagraph (A), the company shall maintain a deposit in the amount set forth in subparagraph (A) of paragraph (2) of subdivision (b) of this section, and in a form permitted by Section 12351, with the commissioner, who shall immediately make a special deposit in that amount in the State Treasury. The deposit shall be subject to Sections 12353, 12356, 12357, and 12358. As long as there are no claims against the deposit, all interest and dividends thereon shall be paid to the depositor. The deposit shall be security for the same beneficiaries and purposes as the bond, as set forth in subparagraph (A) and in paragraph (3) of this subdivision. The deposit shall be maintained until four years after all escrows handled by the depositor have been closed. -(ii) The commissioner may release the deposit prior to the passage of the four-year period described in clause (i) upon presentation of evidence satisfactory to the commissioner of either a statutory merger of the depositor into a licensee subject to the jurisdiction of the commissioner, or a valid assumption agreement under which the liability of the depositor stemming from escrow transactions handled by it is assumed by a licensee subject to the jurisdiction of the commissioner. -(iii) With the foregoing exceptions, the deposit shall be returned to the depositor or lawful successor in interest following the four-year period described in clause (i) upon presentation of evidence satisfactory to the commissioner that there are no claims against the deposit arising out of escrow transactions handled by the depositor. If claims against the deposit are presented to the commissioner, the commissioner may pay a valid claim or claims until the deposit amount is exhausted. If the commissioner has evidence of one or more claims against the depositor, and the depositor is in conservatorship, bankruptcy, or liquidation proceedings, the commissioner may release the deposit to the conservator, trustee, or liquidator. If the depositor is not in conservatorship, bankruptcy or liquidation, the commissioner may interplead the deposit by special endorsement to a court of competent jurisdiction for distribution to claimants on the deposit. -(3) (A) The bond provided by a surety insurer naming the underwritten title company as principal obligor or the letter of credit of an issuing bank shall be subject to the following conditions: -(i) The licensee shall faithfully conform to and abide by the provisions of this chapter and all of the rules made by the commissioner under this chapter concerning the conduct of escrow services. -(ii) The licensee will honestly and faithfully apply all funds received, and will faithfully and honestly perform all obligations and undertakings under this chapter, concerning the conduct of escrow services. -(B) In determining the liability of the principal and the sureties under the bond, any money recovered to restore any deficiency in the trust shall not be considered as an asset of the liquidation subject to the assessment for the cost of the liquidation. -(C) The surety under the bond, or the issuing bank of a letter of credit, may pay the full amount of its liability thereunder to the commissioner as conservator, liquidator, receiver, or anyone appointed by the commissioner as a conservator, liquidator, or receiver in lieu of payment to the state or persons having a cause of action against the principal of a bond or applicant under a letter of credit, and upon such payment the surety on the bond, or the issuing bank under a letter of credit shall be completely released, discharged, and exonerated from further liability under the bond or letter of credit, as applicable. The conservator, liquidator, or receiver may use the proceeds of the bond, or letter of credit, for any purposes, including the funding of the costs of conservatorship, receivership, or liquidation. -(D) If there is no reasonable or adequate admitted market for surety bonds as required by this section, the commissioner may act pursuant to Section 1763.1 or, for good cause shown, may permit a letter of credit in lieu thereof, and in the amount of the bond or deposit required by this section. In that case, the commissioner may fashion the letter of credit requirements as appropriate to the circumstances and cause. -(4) On and after July 1, 2016, the commissioner shall promptly release to the depositor, upon application, all escrow-related deposits previously made pursuant to paragraph (2) of subdivision (c) of former Section 12389 if any of the following occurs: -(A) The underwritten title company has provided to the commissioner bond coverage, a deposit, or an approved irrevocable letter of credit as set forth in this subdivision. -(B) Upon presentation of evidence satisfactory to the commissioner of either a statutory merger of the underwritten title company depositor into a licensee or certificate holder subject to the jurisdiction of the commissioner, or a valid assumption agreement under which all liability of the depositor stemming from escrow transactions handled by it is assumed by a licensee or certificate holder subject to the jurisdiction of the commissioner. -(5) Otherwise the deposit shall be promptly returned to the depositor, its duly appointed trustee in bankruptcy or lawful successor in interest upon application for release following the four-year period specified in paragraph (2) , as that paragraph read on June 30, 2016, unless the commissioner has received claims against the deposit stemming from escrow transactions handled by the depositor. If the commissioner has received one or more claims against the depositor, and the depositor is not in conservatorship, bankruptcy, or liquidation, the commissioner may interplead the deposit by special endorsement to a court of competent jurisdiction for distribution on the basis that claims against the depositor stemming from escrow transactions handled by the depositor have priority in the distribution over other claims against the depositor. -(d) The commissioner shall, whenever it appears necessary, examine the business and affairs of a company licensed under this section. The examination shall be at the expense of the company. -(e) (1) At any time that the commissioner determines, after notice and hearing, that a company licensed under this section has willfully failed to comply with a provision of this section, the commissioner shall make his or her order prohibiting the company from conducting its business for a period of not more than one year. -(2) A company that violates the commissioner’s order is subject to seizure under Article 14 (commencing with Section 1010) of Chapter 1 of Part 2 of Division 1, is guilty of a misdemeanor, and may have its license revoked by the commissioner. Any person aiding and abetting any company in a violation of the commissioner’s order is guilty of a misdemeanor. -(f) The purpose of this section is to maintain the solvency of the companies subject to this section and to protect the public by preventing fraud and requiring fair dealing. In order to carry out these purposes, the commissioner may make reasonable rules and regulations to govern the conduct of its business of companies subject to this section. The rules and regulations shall be adopted, amended, or repealed in accordance with the procedures provided in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. -(g) The name under which each underwritten title company is licensed shall at all times be an approved name. The fee for filing an application for a change of name shall be one hundred eighteen dollars ($118). Each company shall be subject to the provisions of Article 14 (commencing with Section 1010) and Article 14.5 (commencing with Section 1065.1) of Chapter 1 of Part 2 of Division 1. -(h) This section does not prohibit an underwritten title company from engaging in escrow, settlement, or closing activities on properties located outside this state if those activities do not violate the laws of that other state or country. -(i) This section is operative on July 1, 2016. -SECTION 1. -Section 12340.1 of the -Insurance Code -is amended to read: -12340.1. -“Title insurance” means insuring, guaranteeing or indemnifying owners of real or personal property or the holders of liens or encumbrances thereon or others interested therein against loss or damage suffered by reason of: -(a)Liens or encumbrances on, or defects in the title to the property; -(b)Invalidity or unenforceability of any liens or encumbrances on the property; or -(c)Incorrectness of searches relating to the title to real or personal property.","Existing law authorizes a company that is a stock corporation to engage in the business of preparing title searches, title reports, title examinations, or certificates or abstracts of title, and to conduct escrow services, if the company, among other things, furnishes audits to the Insurance Commissioner annually on or before March 31, or, if approved in writing by the commissioner, on a fiscal year basis on or before 90 days after the end of the fiscal year. Existing law authorizes the commissioner to extend that deadline, for good cause shown, for a period not to exceed 60 days. -This bill would extend the maximum amount of time permitted for an extension of the deadline to submit an audit to 90 days. -Under existing law, title insurance is defined as insuring, guaranteeing, or indemnifying an owner of real or personal property or the holder of liens or encumbrances or others who have interests in the property against loss or damage due to liens, encumbrances, or defects in the title to the insured property, defects in liens or encumbrances, or defects in title searches. -This bill would make technical, nonsubstantive changes to those provisions.","An act to amend Section -12340.1 -12389 -of the Insurance Code, relating to insurance." -955,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the Equal Pay for Equal Work Act of 2016. -SEC. 2. -(a) The Legislature finds and declares the following: -(1) According to data from the United States Census Bureau, full-time working women, on average, over the last decade, have continued to earn just $0.79 for every dollar a man earns. The wage gap is greater for women of color, with African American women being paid an average of $0.60 for every dollar paid to white, non-Hispanic men in 2015 and Latinas being paid just $0.55 for every dollar paid to white, non-Hispanic men in the same year. -(2) This wage disparity amounted to a yearly average wage gap of $10,762 in 2015 between full-time working men and full-time working women. In total, the disparity represents more than $490 billion in lost wages for working women every year. -(3) Disparities in pay for women have numerous negative impacts. This pay differential shortchanges women and their families by thousands of dollars a year and potentially hundreds of thousands of dollars over a lifetime. Nearly 4 in 10 mothers are primary breadwinners in their households, and nearly two-thirds are significant earners, making pay equity critical to the economic security of their families. -(4) Equal pay for equal work is a fundamental precept in our nation and in California. Federal law, including the federal Equal Pay Act of 1963 (Public Law 88-38), Title VII of the Civil Rights Act of 1964 (Public Law 88-352), and Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, specifically prohibits arbitrarily compensating men and women differently for the same work, as does California’s Equal Pay Act. -(5) On August 6, 2014, the United States Department of Labor’s Office of Federal Contract Compliance Programs issued a notice of proposed rulemaking to require covered federal contractors and subcontractors with more than 100 employees to submit an annual equal pay report on employee compensation. In California, state contractors receiving public money are obligated to comply with equal pay laws and should provide the state with aggregate wage data to advance pay equity. -(b) It is the intent of the Legislature in enacting this act to promote pay equity and nondiscrimination in setting pay and making hiring or promotional decisions, and to obtain better data on pay equity to more wholly address the problem. -SEC. 3. -Section 12990 of the Government Code is amended to read: -12990. -(a) An employer that is, or wishes to become, a contractor with the state for public works or for goods or services is subject to the provisions of this part relating to discrimination in employment and to the nondiscrimination requirements of this section and any rules and regulations that implement it. -(b) (1) (A) Any employer with a contract with the state that amounts to fifty thousand dollars ($50,000) or more that either is required by federal regulations to submit an EEO-1 report to the United States Equal Employment Opportunity Commission or has 100 or more employees in the state shall submit a nondiscrimination program to the department and shall submit periodic reports of its compliance with the program, no more than annually, on a schedule to be determined by the department. The department shall make the programs and reports available to the Commission on the Status of Women and Girls. -(B) The department may also require an employer that is not described in subparagraph (A) to submit a nondiscrimination program and, if the department so requires, the employer shall comply with the requirements for employers described in subparagraph (A). -(C) The department may require approval and certification of a nondiscrimination program. -(D) The department shall define an employee for the purposes of this paragraph. -(E) An employee in the construction industry covered by a valid collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime worked, and regular hourly pay of not less than 30 percent above the state minimum wage rate shall be excluded from calculation of the employer’s total number of employees for purposes of this paragraph. -(2) A nondiscrimination program shall include policies and procedures designed to ensure equal employment opportunities for all applicants and employees, a description of employment selection procedures, and employee compensation data, as follows: -(A) The total number of workers in a specific job category identified by worker race or national origin, and sex. -(B) The total wages required to be reported on Internal Revenue Service form W-2 for all workers in a specific job category identified by worker race or national origin, and sex. -(C) The total hours worked on an annual basis for all workers in a specific job category identified by worker race or national origin, and sex. For purposes of this subdivision, if an employer does not track exempt employees’ hours worked, full-time exempt employees shall be presumed to work 40 hours a week and part-time exempt employees shall be presumed to work 20 hours a week, unless the employer utilizes a different standard number of hours a week for exempt employees, in which case the employer shall report total hours worked on an annual basis by those employees based on that standard number. -(c) Every state contract and subcontract for public works or for goods or services shall contain a nondiscrimination clause prohibiting discrimination on the bases enumerated in this part by contractors or subcontractors. The nondiscrimination clause shall contain a provision requiring contractors and subcontractors to give written notice of their obligations under that clause to labor organizations with which they have a collective bargaining or other agreement. These contractual provisions shall be fully and effectively enforced. This subdivision does not apply to a credit card purchase of goods of two thousand five hundred dollars ($2,500) or less. The total amount of exemption authorized herein shall not exceed seven thousand five hundred dollars ($7,500) per year for each company from which a state agency is purchasing goods by credit card. It shall be the responsibility of each state agency to monitor the use of this exemption and adhere to these restrictions on these purchases. -(d) The department shall periodically develop rules and regulations for the application and implementation of this section, and submit them to the council for consideration and adoption in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1. Those rules and regulations shall describe and include, but not be limited to, all of the following: -(1) Procedures for the investigation, approval, certification, decertification, monitoring, and enforcement of nondiscrimination programs. -(2) The size of contracts or subcontracts below which any particular provision of this section shall not apply. -(3) The circumstances, if any, under which a contractor or subcontractor is not subject to this section. -(4) Criteria for determining the appropriate plant, region, division, or other unit of a contractor’s or subcontractor’s operation for which a nondiscrimination program is required. -(5) Procedures for coordinating the nondiscrimination requirements of this section and its implementing rules and regulations with the California Plan for Equal Opportunity in Apprenticeship, with the provisions and implementing regulations of Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, and with comparable federal laws and regulations concerning nondiscrimination, equal employment opportunity, and affirmative action by those who contract with the United States. -(6) The basic principles and standards to guide the department in administering and implementing this section. -(e) Where a contractor or subcontractor is required to prepare an affirmative action, equal employment, or nondiscrimination program subject to review and approval by a federal compliance agency, including an EEO-1 report that is subject to review by the United States Equal Employment Opportunity Commission, that program may be submitted with the department, instead of any nondiscrimination program otherwise required by this section or its implementing rules and regulations. Such a program shall constitute a prima facie demonstration of compliance with this section. Where the department or a federal compliance agency has required the preparation of an affirmative action, equal employment, or nondiscrimination program subject to review and approval by the department or a federal compliance agency, evidence of such a program shall also constitute prima facie compliance with an ordinance or regulation of any city, city and county, or county that requires an employer to submit such a program to a local awarding agency for its approval prior to becoming a contractor or subcontractor with that agency. -(f) Where the department determines and certifies that the provisions of this section or its implementing rules and regulations are violated or determines a contractor or subcontractor is engaging in practices made unlawful under this part, the department may recommend appropriate sanctions to the awarding agency. Any such recommendation shall take into account the severity of the violation or violations and any other penalties, sanctions, or remedies previously imposed. -(g) The changes to this section made by the act adding this subdivision shall not be construed to negate an exemption to the requirements of this section in existence on January 1, 2017, created by the department through the exercise of its regulatory authority, or to otherwise require the department to reinterpret the validity of an exemption as a result of these changes.","Existing law subjects an employer who is, or wishes to become, a contractor with the state for public works, or for goods or services, to various nondiscrimination requirements. Existing law authorizes requiring an employer to submit a nondiscrimination program to the Department of Fair Employment and Housing for approval and certification prior to becoming a contractor or subcontractor with the state, as well as requiring the provision of periodic reports of contractor or subcontractor compliance with that program. Existing law authorizes a contractor or subcontractor to file an affirmative action, equal employment, or nondiscrimination program subject to review and approval by a federal compliance agency with the department in lieu of that nondiscrimination program. -This bill would enact the Equal Pay for Equal Work Act of 2016. The bill would require an employer with a contract with the state that amounts to $50,000 or more that either is required by federal regulations to submit an EEO-1 report to the United States Equal Employment Opportunity Commission (EEOC) or has 100 or more employees in the state to submit a nondiscrimination program to the department and to submit periodic reports of its compliance with that program, no more than annually, on a schedule to be determined by the department. The bill would require the department to make these programs and reports available to the Commission on the Status of Women and Girls. The bill would authorize the department to require approval and certification of the program. The bill would permit the department to require other employers to comply with those program and report submission requirements. The bill would require the department to define an employee for these purposes. The bill would require the nondiscrimination program to include policies and procedures designed to ensure equal employment opportunities for all applicants and employees, a description of employment selection procedures, and employee compensation data, as specified. The bill would specify that a contractor or subcontractor may submit an EEO-1 report subject to review by the EEOC with the department in lieu of the nondiscrimination program. The bill would specify that its provisions are not to be construed to negate certain exemptions established by regulation that predate its enactment or to require the department to reevaluate the validity of these exemptions, as specified. The bill would make a statement of legislative findings.","An act to amend Section 12990 of the Government Code, relating to discrimination." -956,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 33704 of the Food and Agricultural Code is amended to read: -33704. -(a) (1) Sections 33701, 33731, 33732, 33733, 33734, 33767, 33768, 33770, 33771, 33776, and 34593 do not apply to the manufacture of ice cream that is manufactured from ice cream mix, to frozen dairy dessert that is manufactured from frozen dairy dessert mix, to frozen dessert that is manufactured from frozen dessert mix, to frozen yogurt that is manufactured from frozen yogurt mix, or to nondairy frozen dessert that is manufactured from nondairy frozen dessert mix, if those products are manufactured in a freezing device from which those products are served directly in a semifrozen state, without packaging of any type, for consumption on the premises in or from rooms where food is served to the public. -(2) Except for nondairy frozen dessert mix, all mixes shall be secured from a licensed manufacturer of milk products. -(3) Ice cream mix, frozen yogurt mix, frozen dairy dessert mix, frozen dessert mix, and nondairy frozen dessert mix shall be manufactured into a semifrozen state without adulteration and freezing device salvage shall not be reused as a mix. -(b) A limited packaging permit may be issued by the secretary to a semifrozen (soft-serve) milk products plant for on-premises manufacture and packaging of hard frozen dairy products or hard frozen dairy product novelties. The permit may only be issued after the suitability of the facility for manufacture and packaging has been determined by the secretary. An annual onsite evaluation of compliance with the specific permit conditions shall be completed by the secretary before renewal of the limited packaging permit. A semifrozen milk products plant issued a limited packaging permit shall meet all of the following standards: -(1) The hard frozen products shall only be sold to purchasers for consumption. No hard frozen product manufactured pursuant to the limited packaging permit shall be sold for resale. -(2) All frozen dairy product mixes used for the manufacture and packaging of hard frozen dairy product novelties shall be dispensed from single service containers sealed at the licensed milk products plant where processed and pasteurized. Reconstitution of dry mix or condensed mix is prohibited at a semifrozen milk products plant issued a limited packaging permit. -(3) Adequate facilities, consistent with recognized good manufacturing practices for the production and packaging of hard frozen dairy products, as determined by the secretary, shall be provided as a condition of the limited packaging permit. The facilities shall include, but are not limited to, adequate utensil and novelty mold washing, sterilization and storage, and sufficient sanitary work area, including handwashing facilities, dedicated to the manufacture and packaging of hard frozen dairy product novelties. Sanitation guidelines consistent with good manufacturing and handling practices for retail food establishments manufacturing and packaging hard frozen dairy products in conformance with Part 110 (commencing with Section 110.3) of Title 21 of the Code of Federal Regulations shall be utilized by the secretary as a condition for issuance and renewal of the limited packaging permit. -(4) Each individually packaged hard frozen novelty shall be labeled with the name of the product and the name and address of the manufacturer. -(c) Nondairy frozen dessert mix shall be obtained from manufacturers licensed pursuant to Sections 38931 and 38934. Any dry or condensed mix to be reconstituted into freezable form shall be reconstituted on the premises in containers or equipment that meet the requirements of Sections 33763, 33764, 33765, and 33766. Any water used for reconstitution shall be treated in a manner to ensure a quality equal to potable pasteurized water. Upon reconstitution, the product shall be poured directly into the freezing unit or refrigerated at a temperature not to exceed 45 degrees Fahrenheit, and so maintained until frozen, or both. -(d) Where any retail establishment manufactures two or more of the products provided for under this section, each of those products shall be processed in a separate freezing device, and that freezing device shall be clearly identified as to the product being manufactured therein. -(e) The secretary may, by agreement with any approved milk inspection service, authorize the service to inspect and enforce requirements of this code applicable to the establishments covered by this section. Any agreement shall provide that the approved inspection service shall collect the applicable license fee for those establishments as provided in Sections 35221 and 38933. The fees collected shall be retained by the approved service to cover its cost of enforcement, but 15 percent of the fees collected shall be remitted to the secretary to cover the cost of administration. -SEC. 2. -Section 33704.5 of the Food and Agricultural Code is repealed. -SEC. 3. -Section 36806 of the Food and Agricultural Code is amended to read: -36806. -Ice cream mix, frozen yogurt mix, frozen dairy dessert mix, and frozen dessert mix are unfrozen products that are used in the manufacture of ice cream, frozen yogurt, frozen dairy dessert, or frozen dessert. They shall comply with all the requirements for ice cream, frozen yogurt, frozen dairy dessert, or frozen dessert, respectively. -SEC. 4. -Section 48003 of the Food and Agricultural Code is amended to read: -48003. -(a) Every person acting as a handler of commodities subject to this chapter shall be personally liable for the payment of assessments and inspection fees. Any handler who fails to file the required assessment form or pay an assessment or inspection fee by the last day of the month immediately following the month in which the commodities were received shall pay to the secretary a penalty of 10 percent of the assessment, inspection fee, or the sum of both the assessment fee and the inspection fee, owed and, in addition, 1.5 percent interest per month on the unpaid balance. -(b) It shall be unlawful for a handler to refuse to collect the assessments or remit the assessments and the proper forms required by this chapter. -(c) A handler shall not charge a producer an administrative fee for collecting or remitting an assessment. -(d) A producer who disputes the amount of the assessment may file a claim with the secretary. The producer shall prove his or her claim by a preponderance of the evidence. -(e) A producer may not bring a claim against a handler for damages, or otherwise, in connection with the assessment or the required deduction by the handler of the moneys owed to the producer. -SEC. 5. -Section 61306.5 is added to the Food and Agricultural Code, to read: -61306.5. -“Educational and research activities” means any effort to develop and improve the management practices of dairy producers and processors, including, but not limited to, practices associated with the environmental sustainability of land, air quality, and water quality. -SEC. 6. -Section 61345 of the Food and Agricultural Code is amended to read: -61345. -(a) Chapter 2 (commencing with Section 61801), Chapter 2.5 (commencing with Section 62500), and Chapter 3 (commencing with Section 62700) shall be liberally construed as being complementary of, and supplemental to, this chapter, and these chapters shall constitute a single comprehensive scheme for the regulation of the production and handling of milk and related educational and research activities. However, each of the chapters, and each article, section, subdivision, sentence, clause, and phrase of each chapter is severable. -(b) If one of the chapters or any article, section, subdivision, sentence, clause, or phrase of any one of the chapters is for any reason held void, invalid, or unconstitutional, the decision shall not affect the validity of any other chapter or any of its articles, sections, subdivisions, sentences, clauses, or phrases. -SEC. 7. -Section 61412 of the Food and Agricultural Code is amended to read: -61412. -(a) (1) Every milk handler who receives manufacturing milk subject to this article shall deduct as an assessment from payments made to producers for manufacturing milk the sum of one and two-tenths cents ($0.012) per hundredweight of manufacturing milk. -(2) The amount of the assessments deducted pursuant to paragraph (1) shall be paid to the secretary on or before the 45th day following the last day of the month during which the manufacturing milk was received. -(b) (1) Every milk handler who receives manufacturing milk subject to this article that purchases or handles manufacturing milk from producers shall pay a fee of six-tenths of one cent ($0.006) per hundredweight of manufacturing milk. -(2) The amount of the fee shall be paid to the secretary on or before the 45th day following the last day of the month in which the manufacturing milk was received. -(c) Moneys from the amounts paid to the secretary pursuant to subdivisions (a) and (b) may be used to administer and enforce this chapter. -SEC. 8. -Section 61805 of the Food and Agricultural Code is amended to read: -61805. -The purposes of this chapter are to do all of the following: -(a) Provide funds for administration and enforcement of this chapter, by assessments to be paid by producers and handlers of market milk in the manner prescribed in this chapter. -(b) Authorize and enable the secretary to prescribe marketing areas and to determine minimum prices to be paid to producers by handlers for market milk that are necessary due to varying factors of costs of production, health regulations, transportation, and other factors in the marketing areas of this state. In determining minimum prices to be paid producers by handlers, the secretary shall endeavor under like conditions to achieve uniformity of cost to handlers for market milk within any marketing area. However, no minimum prices established or determined under this chapter shall be invalid because uniformity of cost to handlers for market milk in any marketing area is not achieved as a result of the minimum producer prices so established or determined. -(c) Authorize and enable the secretary to formulate stabilization and marketing plans, subject to the limitations prescribed in this chapter with respect to the contents of the stabilization and marketing plans, and to declare the plans in effect for any marketing area. -(d) Enable the dairy industry, with the aid of the state, to develop and maintain satisfactory marketing conditions, bring about and maintain a reasonable amount of stability and prosperity in the production of market milk, and provide means for conducting educational and research activities. -SEC. 9. -Section 62211 of the Food and Agricultural Code is amended to read: -62211. -(a) (1) Every handler subject to the provisions of any stabilization and marketing plan, including a producer-handler, shall deduct as an assessment from payments made to producers for market milk, including the handler’s own production, the sum of one and six-tenths cents ($0.016) per hundredweight of market milk. -(2) The amount of the assessments so deducted shall be paid to the secretary on or before the 45th day following the last day of the month during which such market milk was received. -(b) (1) Every handler subject to the provisions of any stabilization and marketing plan that purchases or handles market milk from producers, including the handler’s own production, if any, shall pay a fee of eight-tenths of one cent ($0.008) per hundredweight of market milk. -(2) The amount of such fee shall be paid to the secretary on or before the 45th day following the last day of the month in which that market milk was received. -(c) Moneys from the amounts paid to the secretary pursuant to subdivisions (a) and (b) may be used to administer and enforce this chapter. -SEC. 10. -Section 76259 of the Food and Agricultural Code is amended to read: -76259. -The term of office of all members of the commission, except ex officio members, shall be two years from the date of their election and until their successors are qualified. However, of the first members of the commission, one-half of the producers shall serve for one year, and one-half of the producers shall serve for two years, with the determination of the term of each such member made by lot at the time of the election. -SEC. 11. -Section 51203 of the Government Code is amended to read: -51203. -(a) The assessor shall determine the current fair market value of the land as if it were free of the contractual restriction pursuant to Section 51283. The Department of Conservation or the landowner, also referred to in this section as “parties,” may provide information to assist the assessor to determine the value. Any information provided to the assessor shall be served on the other party, unless the information was provided at the request of the assessor, and would be confidential under law if required of an assessee. -(b) Within 45 days of receiving the assessor’s notice pursuant to subdivision (a) of Section 51283 or Section 51283.4, if the Department of Conservation or the landowner believes that the current fair market valuation certified pursuant to subdivision (b) of Section 51283 or Section 51283.4 is not accurate, the department or the landowner may request formal review from the county assessor in the county considering the petition to cancel the contract. The department or the landowner shall submit to the assessor and the other party the reasons for believing the valuation is not accurate and the additional information the requesting party believes may substantiate a recalculation of the property valuation. The assessor may recover his or her reasonable costs of the formal review from the party requesting the review, and may provide an estimate of those costs to the requesting party. The recovery of these costs from the department may be deducted by the city or county from cancellation fees received pursuant to this chapter before transmittal to the Controller for deposit in the Soil Conservation Fund. The assessor may require a deposit from the landowner to cover the contingency that payment of a cancellation fee will not necessarily result from the completion of a formal review. This subdivision shall not be construed as a limitation on the authority provided in Section 51287 for cities or counties to recover their costs in the cancellation process, except that the assessor’s costs of conducting a formal review shall not be borne by the nonrequesting party. -(1) If no request is made within 45 days of receiving notice by certified mail of the valuation, the assessor’s valuation shall be used to calculate the fee. -(2) Upon receiving a request for formal review, the assessor shall formally review his or her valuation if, based on the determination of the assessor, the information may have a material effect on valuation of the property. The assessor shall notify the parties that the formal review is being undertaken and that information to aid the assessor’s review shall be submitted within 30 days of the date of the notice to the parties. Any information submitted to the assessor shall be served on the other party who shall have 30 days to respond to that information to the assessor. If the response to the assessor contains new information, the party receiving that response shall have 20 days to respond to the assessor as to the new information. All submittals and responses to the assessor shall be served on the other party by personal service or an affidavit of mailing. The assessor shall avoid ex parte contacts during the formal review and shall report any such contacts to the department and the landowner at the same time the review is complete. The assessor shall complete the review no later than 120 days of receiving the request. -(3) At the conclusion of the formal review, the assessor shall either revise the cancellation valuation or determine that the original cancellation valuation is accurate. The assessor shall send the revised valuation or notice of the determination that the valuation is accurate to the department, the landowner, and the board or council considering the petition to cancel the contract. The assessor shall include a brief narrative of what consideration was given to the items of information and responses directly relating to the cancellation value submitted by the parties. The assessor shall give no consideration to a party’s information or response that was not served on the other party. If the assessor denies a formal review, a brief narrative shall be provided to the parties indicating the basis for the denial, if requested. -(c) For purposes of this section, the valuation date of any revised valuation pursuant to formal review or following judicial challenge shall remain the date of the assessor’s initial valuation, or his or her initial recomputation pursuant to Section 51283.4. For purposes of cancellation fee calculation in a tentative cancellation as provided in Section 51283, or in a recomputation for final cancellation as provided in Section 51283.4, a cancellation value shall be considered current for one year after its determination and certification by the assessor. -(d) Notwithstanding any other provision of this section, the department and the landowner may agree on a cancellation valuation of the land. The agreed valuation shall serve as the cancellation valuation pursuant to Section 51283 or Section 51283.4. The agreement shall be transmitted to the board or council considering the petition to cancel the contract. -(e) If the department and landowner agree upon a cancellation value pursuant to subdivision (d) on a contract with a city or county that includes an additional cancellation fee pursuant to Section 51240, the department shall provide a preliminary valuation to the county assessor of the county in which the land is located and the board of supervisors or the city council at least 60 days before the effective date of the final cancellation valuation. The preliminary valuation shall include a description of the rationale and facts considered by the department in determining the cancellation value. The assessor may provide comments on the preliminary valuation to the board of supervisors or city council. The board of supervisors or city council may provide comments on the preliminary valuation and cancellation value, if submitted, to the department. Before determining the final cancellation valuation, the department shall consider the comments of the board or council concerning the preliminary valuation and cancellation valuation, if submitted. -(f) This section represents the exclusive administrative procedure for appealing a cancellation valuation calculated pursuant to this section. The Department of Conservation shall represent the interests of the state in the administrative and judicial remedies for challenging the determination of a cancellation valuation or cancellation fee.","(1) Existing law regulates the production, handling, and marketing of milk and dairy products and requires milk products plants to comply with specified standards and requirements. Existing law authorizes the Secretary of Food and Agriculture to issue a limited packaging permit to a semifrozen milk products plant for on-premises manufacture and packaging of hard frozen dairy products or hard frozen dairy product novelties if certain requirements are satisfied. -This bill would delete a requirement that an establishment be closed to the public when hard frozen dairy product novelties are manufactured and packaged and would delete a requirement that a manufacturer that directly serves frozen yogurt or nondairy frozen dessert on its premises post specified signs on the premises. -(2) Existing law requires certain unfrozen product mixes used in the manufacture of specified frozen dairy products to comply with all of the requirements for ice cream, frozen dairy dessert, or frozen dessert, respectively. -This bill would require frozen yogurt mix to comply with all of the requirements for frozen yogurt. -(3) Existing law requires every milk handler to pay specified assessments and fees to the Secretary of Food and Agriculture to cover the costs of regulating milk. In that regard, existing law requires every milk handler who receives manufacturing milk subject to the milk marketing regulatory requirements or a handler subject to a milk stabilization and marketing plan, including producer-handlers, to deduct a specified assessment from payments made to producers for manufacturing milk or market milk, respectively. Existing law establishes the Department of Food and Agriculture Fund as a special fund, and continuously appropriates moneys in the fund for the administration and enforcement of, among other things, laws regulating the marketing of milk and other dairy products and the stabilization and marketing of market milk. -This bill would, for purposes of those provisions, define the term “educational and research activities” and would additionally provide for the regulation of milk and dairy products-related educational and research activities. The bill would authorize the use of moneys from the above-described assessments and fees for administering and enforcing the manufacturing milk and market milk laws, including the regulation of those educational and research activities. By authorizing the expenditure of moneys from the fund for a new purpose, that is, for milk and dairy-related educational and research activities, the bill would make an appropriation. -(4) Existing law establishes the California Citrus Advisory Committee and requires the committee to develop and make recommendations to the Secretary of Food and Agriculture regarding procedures for implementing an inspection program. Existing law requires producers of navel oranges, Valencia oranges, lemons, or mandarin citrus varieties grown in this state and prepared for fresh market in certain counties of the state to pay an assessment, as provided. Existing law requires the assessment to be collected from the producer by the first handler and requires that the assessment be remitted to the Department of Food and Agriculture by the first handler, along with an assessment form, at the end of each month during the marketing season. Existing law requires any handler that does not file the required assessment report and assessments by the 10th day of the month following the month for which the assessment is payable to pay a penalty of 10% of the assessment owed and, in addition, 1.5% interest per month on the unpaid balance. -This bill would instead require a handler to file the required assessment form and pay the assessment and inspection fees by the last day of the month immediately following the month in which the commodities were received and would additionally apply the 10% penalty and 1.5% interest to a failure to pay an inspection fee. The bill would make a handler personally liable for the payment of assessments and inspection fees. -(5) Existing law establishes the California Sheep Commission, comprised of 14 members who are elected or appointed in accordance with specified provisions to serve 2-year terms and limits the terms of office for each member to 4 consecutive terms. -This bill would delete the provision limiting the terms of office of each member to 4 consecutive terms. -(6) The California Land Conservation Act of 1965, also known as the Williamson Act, authorizes a city or county to contract with a landowner for the continued use of the land for agricultural use in exchange for a lower assessed valuation for property tax purposes. Existing law requires the Department of Conservation to provide a preliminary valuation of the land to the county assessor and the city council or county board of supervisors at least 60 days prior to the effective date of the agreed upon cancellation valuation if the contract includes an additional cancellation fee. -This bill would specify that the Department of Conservation is required to provide the preliminary valuation pursuant to those provisions only if the department and landowner agree upon a cancellation value pursuant to a specified provision, as specified.","An act to amend Sections 33704, 36806, 48003, 61345, 61412, 61805, 62211, and 76259 of, to add Section 61306.5 to, and to repeal Section 33704.5 of, the Food and Agricultural Code, and to amend Section 51203 of the Government Code, relating to food and agriculture, and making an appropriation therefor." -957,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7202 of the Revenue and Taxation Code is amended to read: -7202. -The sales tax portion of any sales and use tax ordinance adopted under this part shall be imposed for the privilege of selling tangible personal property at retail, and shall include -the following -provisions -, -in -substance as follows: -substance: -(a) A provision imposing a tax for the privilege of selling tangible personal property at retail upon every retailer in the county at the rate of 1 -1/4 -percent of the gross receipts of the retailer from the sale of all tangible personal property sold by that person at retail in the county. -(b) Provisions identical to those contained in Part 1 (commencing with Section 6001), insofar as they relate to sales taxes, except that the name of the county as the taxing agency shall be substituted for that of the state and that an additional seller’s permit shall not be required if one has been or is issued to the seller under Section 6067. -(c) A provision that all amendments -subsequent to -after -the effective date of the enactment of Part 1 (commencing with Section 6001) relating to sales tax and not inconsistent with this part, shall automatically become a part of the sales tax ordinance of the county. -(d) A provision that the county shall contract -prior to -before -the effective date of the county sales and use tax ordinances with the State Board of Equalization to perform all functions incident to the administration or operation of the sales and use tax ordinance of the county. Any such contract shall contain a provision that the county agrees to comply with the provisions of Article 11 (commencing with Section 29530) of Chapter 2 of Division 3 of Title 3 of the Government Code. -(e) A provision that the ordinance may be made inoperative not less than 60 days, but not earlier than the first day of the calendar quarter, following the county’s lack of compliance with Article 11 (commencing with Section 29530) of Chapter 2 of Division 3 of Title 3 of the Government Code or following an increase by any city within the county of the rate of its sales or use tax above the rate in effect at the time the county ordinance was enacted. -(f) A provision that the amount subject to tax shall not include the amount of any sales tax or use tax imposed by the -State of California -state -upon a retailer or consumer. -(g) A provision that there is exempted from the sales tax 80 percent, and on and after July 1, 2004, until the rate modifications in subdivision (a) of Section 7203.1 cease to apply, 75 percent, of the gross receipts from the sale of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of the aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. -(h) A provision that any person subject to a sales and use tax under the county ordinance shall be entitled to credit against the payment of taxes due under that ordinance the amount of sales and use tax due to any city in the county; provided that the city sales and use tax is levied under an ordinance including provisions in substance as follows: -(1) A provision imposing a tax for the privilege of selling tangible personal property at retail upon every retailer in the city at the rate of 1 percent or less of the gross receipts of the retailer from the sale of all tangible personal property sold by that person at retail in the city and a use tax of 1 percent or less of purchase price upon the storage, use or other consumption of tangible personal property purchased from a retailer for storage, use or consumption in the city. -(2) Provisions identical to those contained in Part 1 (commencing with Section 6001), insofar as they relate to sales and use taxes, except that the name of the city as the taxing agency shall be substituted for that of the state (but the name of the city shall not be substituted for the word “state” in the phrase “retailer engaged in business in this state” in Section 6203 nor in the definition of that phrase in Section 6203) and that an additional seller’s permit shall not be required if one has been or is issued to the seller under Section 6067. -(3) A provision that all amendments -subsequent to -after -the effective date of the enactment of Part 1 (commencing with Section 6001) relating to sales and use tax and not inconsistent with this part, shall automatically become a part of the sales and use tax ordinance of the city. -(4) A provision that the city shall contract -prior to -before -the effective date of the city sales and use tax ordinance with the State Board of Equalization to perform all functions incident to the administration or operation of the sales and use tax ordinance of the city which shall continue in effect so long as the county within which the city is located has an operative sales and use tax ordinance enacted pursuant to this part. -(5) A provision that the storage, use or other consumption of tangible personal property, the gross receipts from the sale of which has been subject to sales tax under a sales and use tax ordinance enacted in accordance with this part by any city and county, county, or city in this state, shall be exempt from the tax due under this ordinance. -(6) A provision that the amount subject to tax shall not include the amount of any sales tax or use tax imposed by the -State of California -state -upon a retailer or consumer. -(7) A provision that there are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of the aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. -(8) A provision that, in addition to the exemptions provided in Sections 6366 and 6366.1, the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by the operators directly and exclusively in the use of the aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government is exempt from the use tax.","Existing law, the Bradley-Burns Uniform Local Sales and Use Tax Law, authorizes a city, county, or city and county to impose local sales and use taxes, as specified. That law requires the sales tax portion of any sales and use tax ordinance adopted under that law to be imposed for the privilege of selling tangible personal property at retail and to include specified provisions. -This bill would make nonsubstantive changes to those provisions.","An act to amend Section 7202 of the Revenue and Taxation Code, relating to taxation." -958,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) In the 1970s, California led the nation in the creation of its licensing system for community care facilities, and pioneered recognition of the special needs of infants and toddlers with a license distinct from preschool-age care. -(b) While the standard of care in California statutes remains appropriate, the bifurcation of early care licensing in California into two separate licenses is unnecessary and problematic. -(c) Many states now mandate the standard required in California, but without dual-licensing. California is one of only two states in the country that employ a separate infant-toddler license. Other states employ a single license for early childhood centers, mandating developmentally appropriate standards based on the age of the children served. -(d) Even in California, family day care homes are not subject to the dual license requirement. Only private fee and state and federally funded child day care facilities are subject to the dual license requirement. -(e) It is the intent of the Legislature to create a third facility license option serving children from birth to entering first grade. This additional facility license option shall not replace the current infant license, preschool license, and toddler component option, but instead be in addition to these early care and education facility licensure options. -(f) It is also the intent of the Legislature that all of the following are required under the birth to entering first grade license option: -(1) Children shall be grouped together by their appropriate developmental levels, and appropriate staff-child ratio and group size regulations shall be followed. -(2) Children shall transition from age-appropriate classrooms or program spaces when their developmental level is appropriate for such a move. -(3) A child’s chronological age and the entire group’s need shall also be considering factors for these moves. -(4) All children shall be supervised appropriately by teachers and aides with appropriate staff qualifications. Toddlers may be grouped with either infants or preschoolers as long as the requirements applicable to the youngest age group in the group are followed. -(5) Emphasis shall be placed on improving the quality of early care and education for children from birth to entering first grade in center-based programs. -(6) Long-term efficiency within the Community Care Licensing Division of the State Department of Social Services shall be promoted through the elimination of duplicate paperwork, toddler component waiver processing, and compliance visits to day care centers. -(7) A single inspection visit and administration of the birth to entering first grade day care center shall be implemented versus multiple inspection visits and administration of a day care center with an infant license or preschool license and a toddler component option. This will increase efficiency and allow a department analyst to more holistically evaluate the birth to entering first grade day care center, which will lead to stronger health and safety practices. The efficiencies gained will reduce cost pressure on the department and allow more providers to operate in California, and thus open more spaces for children and parents waiting for care. -(g) The ability for providers to choose which type of facility license option best meets their specific programmatic contract, business, and community needs will allow for more flexibility in the planning for a successful operation of the center. -SEC. 2. -Section 1596.951 is added to the Health and Safety Code, to read: -1596.951. -(a) The department shall, in consultation with stakeholders through the regulatory process, adopt regulations on or before January 1, 2018, to develop and implement a birth to entering first grade license option for day care centers. Regulations adopted pursuant to this section shall include all of the following: -(1) Age-appropriate transition periods that do all of the following: -(A) Allow children to transition from one age group to another age group up to three months before or three months after their birthday. -(B) Take the needs of the whole age group into consideration in order to move children together. -(C) Consider continuity of care of the children and parents being served. -(D) Consider the needs of the day care center licensees to maximize spaces being used. -(2) A requirement that when a birth to entering first grade license option is being issued to a new or current day care center licensee, the licensee shall list the age groups of children being served at the day care center for the purposes of license inspections, data collection management, and county needs assessments. -(3) A requirement that all other licensing regulations that apply to a day care center shall also apply to a birth to entering first grade license option. -(b) (1) A new applicant for a birth to entering first grade license option may be charged a fee commensurate with the other age specific facility license fee schedules. -(2) Until an existing day care center license has been replaced with a birth to entering first grade license option, a day care center licensee shall maintain a day care center that meets regulatory standards for the age groups of children that are being cared for at the day care center, and standards for inspection of a day care center shall be based on the current license. -(c) Stakeholders consulted in adopting regulations pursuant to this section shall include, but are not limited to, the State Department of Education, California Association for the Education of Young Children, Early Edge California, First 5 California, Children Now, Alliance for Early Success, California Head Start Association, California Child Development Administrators Association, California Child Care Resource and Referral Network, California Child Care Coordinators Association, Infant Development Association, the Western Office of Zero to Three, L.A. Alliance, Professional Association for Childhood Education, Californians for Quality Early Learning, WestEd, American Federation of State, County and Municipal Employees, Title 5 and Head Start-funded center-base child care providers, and private fee -for-service center-based child care providers.","Existing law provides for the licensure and regulation of day care centers by the State Department of Social Services. Existing regulations require a separate license to be issued for each component of a combination center, and establishes teacher-child ratio requirements. -This bill would require the department to, in consultation with specified stakeholders, adopt regulations on or before January 1, 2018, to develop and implement a birth to entering first grade license option for day care centers. The bill would require the regulations to include age-appropriate transition times, as specified, a requirement that a single integrated license option list the age groups of children being served at the day care center, and a requirement that all other licensing regulations that apply to a day care center shall also apply to a birth to entering first grade license option. The bill would require, until a day care center has the new integrated license, standards for inspection of a day care center to be based on the current license.","An act to add Section 1596.951 to the Health and Safety Code, relating to care facilities." -959,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12804.9 of the Vehicle Code is amended to read: -12804.9. -(a) (1) The examination shall include all of the following: -(A) A test of the applicant’s knowledge and understanding of the provisions of this code governing the operation of vehicles upon the -highways. -highways, including, but not limited to, -provisions relating to -safe overtaking and passing, including, but not limited to, Section 21753. -(B) A test of the applicant’s ability to read and understand simple English used in highway traffic and directional signs. -(C) A test of the applicant’s understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation. -(D) An actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. The applicant shall submit to an examination appropriate to the type of motor vehicle or combination of vehicles he or she desires a license to drive, except that the department may waive the driving test part of the examination for any applicant who submits a license issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico if the department verifies through any acknowledged national driver record data source that there are no stops, holds, or other impediments to its issuance. The examining officer may request to see evidence of financial responsibility for the vehicle prior to supervising the demonstration of the applicant’s ability to operate the vehicle. The examining officer may refuse to examine an applicant who is unable to provide proof of financial responsibility for the vehicle, unless proof of financial responsibility is not required by this code. -(E) A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the applicant’s mental and physical fitness to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code. -(2) (A) Before a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, may be issued or renewed, the applicant shall have in his or her driver record a valid report of a medical examination of the applicant given not more than two years prior to the date of the application by a health care professional. As used in this paragraph, “health care professional” means a person who is licensed, certified, or registered in accordance with applicable state laws and regulations to practice medicine and perform physical examinations in the United States. Health care professionals are doctors of medicine, doctors of osteopathy, physician assistants, and registered advanced practice nurses, or doctors of chiropractic who are clinically competent to perform the medical examination presently required of motor carrier drivers by the United States Department of Transportation. The report shall be on a form approved by the department. In establishing the requirements, consideration may be given to the standards presently required of motor carrier drivers by the Federal Motor Carrier Safety Administration. -(B) The department may accept a federal waiver of one or more physical qualification standards if the waiver is accompanied by a report of a nonqualifying medical examination for a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of Subpart E of Part 391 of Title 49 of the Code of Federal Regulations. -(3) A physical defect of the applicant that, in the opinion of the department, is compensated for to ensure safe driving ability, shall not prevent the issuance of a license to the applicant. -(b) In accordance with the following classifications, an applicant for a driver’s license shall be required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive: -(1) Class A includes the following: -(A) Except as provided in subparagraph (H) of paragraph (3), a combination of vehicles, if a vehicle being towed has a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds. -(B) A vehicle towing more than one vehicle. -(C) A trailer bus. -(D) The operation of all vehicles under class B and class C. -(2) Class B includes the following: -(A) Except as provided in subparagraph (H) of paragraph (3), a single vehicle with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds. -(B) A single vehicle with three or more axles, except any three-axle vehicle weighing less than 6,000 pounds. -(C) A bus with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds, except a trailer bus. -(D) A farm labor vehicle. -(E) A single vehicle with three or more axles or a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds towing another vehicle with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less. -(F) A house car over 40 feet in length, excluding safety devices and safety bumpers. -(G) The operation of all vehicles covered under class C. -(3) Class C includes the following: -(A) A two-axle vehicle with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, including when the vehicle is towing a trailer or semitrailer with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less. -(B) Notwithstanding subparagraph (A), a two-axle vehicle weighing 4,000 pounds or more unladen when towing a trailer coach not exceeding 9,000 pounds gross. -(C) A house car of 40 feet in length or less. -(D) A three-axle vehicle weighing 6,000 pounds gross or less. -(E) A house car of 40 feet in length or less or a vehicle towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less, including when a tow dolly is used. A person driving a vehicle may not tow another vehicle in violation of Section 21715. -(F) (i) A two-axle vehicle weighing 4,000 pounds or more unladen when towing either a trailer coach or a fifth-wheel travel trailer not exceeding 10,000 pounds gross vehicle weight rating, when the towing of the trailer is not for compensation. -(ii) A two-axle vehicle weighing 4,000 pounds or more unladen when towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds, gross vehicle weight rating, when the towing of the trailer is not for compensation, and if the person has passed a specialized written examination provided by the department relating to the knowledge of this code and other safety aspects governing the towing of recreational vehicles upon the highway. -The authority to operate combinations of vehicles under this subparagraph may be granted by endorsement on a class C license upon completion of that written examination. -(G) A vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating, as those terms are defined in subdivisions (j) and (k), respectively, of Section 15210, of 26,000 pounds or less, if all of the following conditions are met: -(i) Is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level. -(ii) Is used exclusively in the conduct of agricultural operations. -(iii) Is not used in the capacity of a for-hire carrier or for compensation. -(H) Firefighting equipment, provided that the equipment is operated by a person who holds a firefighter endorsement pursuant to Section 12804.11. -(I) A motorized scooter. -(J) A bus with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, except a trailer bus. -(K) Class C does not include a two-wheel motorcycle or a two-wheel motor-driven cycle. -(4) Class M1. A two-wheel motorcycle or a motor-driven cycle. Authority to operate a vehicle included in a class M1 license may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination. -(5) (A) Class M2 includes the following: -(i) A motorized bicycle or moped, or a bicycle with an attached motor, except a motorized bicycle described in subdivision (b) of Section 406. -(ii) A motorized scooter. -(B) Authority to operate vehicles included in class M2 may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination, except that no endorsement is required for a motorized scooter. Persons holding a class M1 license or endorsement may operate vehicles included in class M2 without further examination. -(c) A driver’s license or driver certificate is not valid for operating a commercial motor vehicle, as defined in subdivision (b) of Section 15210, any other motor vehicle defined in paragraph (1) or (2) of subdivision (b), or any other vehicle requiring a driver to hold any driver certificate or any driver’s license endorsement under Section 15275, unless a medical certificate approved by the department that has been issued within two years of the date of the operation of that vehicle and a copy of the medical examination report from which the certificate was issued is on file with the department. Otherwise, the license is valid only for operating class C vehicles that are not commercial vehicles, as defined in subdivision (b) of Section 15210, and for operating class M1 or M2 vehicles, if so endorsed, that are not commercial vehicles, as defined in subdivision (b) of Section 15210. -(d) A license or driver certificate issued prior to the enactment of Chapter 7 (commencing with Section 15200) is valid to operate the class or type of vehicles specified under the law in existence prior to that enactment until the license or certificate expires or is otherwise suspended, revoked, or canceled. Upon application for renewal or replacement of a driver’s license, endorsement, or certificate required to operate a commercial motor vehicle, a valid medical certificate on a form approved by the department shall be submitted to the department. -(e) The department may accept a certificate of driving skill that is issued by an employer, authorized by the department to issue a certificate under Section 15250, of the applicant, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted as evidence of the applicant’s skill in the operation of the types of equipment covered by the license for which he or she is applying. -(f) The department may accept a certificate of competence in lieu of a driving test on class M1 or M2 applications, when the certificate is issued by a law enforcement agency for its officers who operate class M1 or M2 vehicles in their duties, if the applicant has met the other examination requirements for the license for which he or she is applying. -(g) The department may accept a certificate of satisfactory completion of a novice motorcyclist training program approved by the commissioner pursuant to Section 2932 in lieu of a driving test on class M1 or M2 applications, if the applicant has met the other examination requirements for the license for which he or she is applying. The department shall review and approve the written and driving test used by a program to determine whether the program may issue a certificate of completion. -(h) Notwithstanding subdivision (b), a person holding a valid California driver’s license of any class may operate a short-term rental motorized bicycle without taking any special examination for the operation of a motorized bicycle, and without having a class M2 endorsement on that license. As used in this subdivision, “short-term” means 48 hours or less. -(i) A person under the age of 21 years shall not be issued a class M1 or M2 license or endorsement unless he or she provides evidence satisfactory to the department of completion of a motorcycle safety training program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2. -(j) A driver of a vanpool vehicle may operate with a class C license but shall possess evidence of a medical examination required for a class B license when operating vanpool vehicles. In order to be eligible to drive the vanpool vehicle, the driver shall keep in the vanpool vehicle a statement, signed under penalty of perjury, that he or she has not been convicted of reckless driving, drunk driving, or a hit-and-run offense in the last five years.","Under existing law, upon application for an original driver’s license, except student licenses, the Department of Motor Vehicles shall require an examination of the applicant. Existing law requires that the examination test the applicant’s knowledge and understanding of, among other things, the provisions of the Vehicle Code governing the operation of vehicles upon the highways. -This bill would require the test of the applicant’s knowledge and understanding of the operation of vehicles on the highway to include provisions that cover safe overtaking and passing, as specified.","An act to amend Section 12804.9 of the Vehicle Code, relating to driver’s licenses." -960,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6601 of the Welfare and Institutions Code is amended to read: -6601. -(a) (1) Whenever the Secretary of the Department of Corrections and Rehabilitation determines that an individual who is in custody under the jurisdiction of the Department of Corrections and Rehabilitation, and who is either serving a determinate prison sentence or whose parole has been revoked, may be a sexually violent predator, the secretary shall, at least six months prior to that individual’s scheduled date for release from prison, refer the person for evaluation in accordance with this section. However, if the inmate was received by the department with less than nine months of his or her sentence to serve, or if the inmate’s release date is modified by judicial or administrative action, the secretary may refer the person for evaluation in accordance with this section at a date that is less than six months prior to the inmate’s scheduled release date. -(2) A petition may be filed under this section if the individual was in custody pursuant to his or her determinate prison term, parole revocation term, or a hold placed pursuant to Section 6601.3, at the time the petition is filed. A petition shall not be dismissed on the basis of a later judicial or administrative determination that the individual’s custody was unlawful, if the unlawful custody was the result of a good faith mistake of fact or law. This paragraph shall apply to any petition filed on or after January 1, 1996. -(b) The person shall be screened by the Department of Corrections and Rehabilitation and the Board of Parole Hearings based on whether the person has committed a sexually violent predatory offense and on a review of the person’s social, criminal, and institutional history. This screening shall be conducted in accordance with a structured screening instrument developed and updated by the State Department of State Hospitals in consultation with the Department of Corrections and Rehabilitation. If as a result of this screening it is determined that the person is likely to be a sexually violent predator, the Department of Corrections and Rehabilitation shall refer the person to the State Department of State Hospitals for a full evaluation of whether the person meets the criteria in Section 6600. -(c) The State Department of State Hospitals shall evaluate the person in accordance with a standardized assessment protocol, developed and updated by the State Department of State Hospitals, to determine whether the person is a sexually violent predator as defined in this article. The standardized assessment protocol shall require assessment of diagnosable mental disorders, as well as various factors known to be associated with the risk of reoffense among sex offenders. Risk factors to be considered shall include criminal and psychosexual history, type, degree, and duration of sexual deviance, and severity of mental disorder. -(d) Pursuant to subdivision (c), the person shall be evaluated by two practicing psychiatrists or psychologists, or one practicing psychiatrist and one practicing psychologist, designated by the Director of State Hospitals. If both evaluators concur that the person has a diagnosed mental disorder so that he or she is likely to engage in acts of sexual violence without appropriate treatment and custody, the Director of State Hospitals shall forward a request for a petition for commitment under Section 6602 to the county designated in subdivision (i). Copies of the evaluation reports and any other supporting documents shall be made available to the attorney designated by the county pursuant to subdivision (i) who may file a petition for commitment. -(e) If one of the professionals performing the evaluation pursuant to subdivision (d) does not concur that the person meets the criteria specified in subdivision (d), but the other professional concludes that the person meets those criteria, the Director of State Hospitals shall arrange for further examination of the person by two independent professionals selected in accordance with subdivision (g). -(f) If an examination by independent professionals pursuant to subdivision (e) is conducted, a petition to request commitment under this article shall only be filed if both independent professionals who evaluate the person pursuant to subdivision (e) concur that the person meets the criteria for commitment specified in subdivision (d). The professionals selected to evaluate the person pursuant to subdivision (g) shall inform the person that the purpose of their examination is not treatment but to determine if the person meets certain criteria to be involuntarily committed pursuant to this article. It is not required that the person appreciate or understand that information. -(g) Any independent professional who is designated by the Secretary of the Department of Corrections and Rehabilitation or the Director of State Hospitals for purposes of this section shall not be a state government employee, shall have at least five years of experience in the diagnosis and treatment of mental disorders, and shall include psychiatrists and licensed psychologists who have a doctoral degree in psychology. The requirements set forth in this section also shall apply to any professionals appointed by the court to evaluate the person for purposes of any other proceedings under this article. -(h) (1) If the State Department of State Hospitals determines that the person is a sexually violent predator as defined in this article, the Director of State Hospitals shall forward a request for a petition to be filed for commitment under this article to the county designated in subdivision (i) no less than 20 calendar days prior to the scheduled release date of the person. Copies of the evaluation reports and any other supporting documents shall be made available to the attorney designated by the county pursuant to subdivision (i) who may file a petition for commitment in the superior court. -(2) If a hold is placed pursuant to Section 6601.3 and the State Department of State Hospitals determines that the person is a sexually violent predator as defined in this article, the Director of State Hospitals shall forward a request for a petition to be filed for commitment under this article to the county designated in subdivision (i) no less than 20 calendar days prior to the end of the hold. -(3) The person shall have no right to enforce the time limit set forth in this subdivision and shall have no remedy for its violation. -(i) If the county’s designated counsel concurs with the recommendation, a petition for commitment shall be filed in the superior court of the county in which the person was convicted of the offense for which he or she was committed to the jurisdiction of the Department of Corrections and Rehabilitation. The petition shall be filed, and the proceedings shall be handled, by either the district attorney or the county counsel of that county. The county board of supervisors shall designate either the district attorney or the county counsel to assume responsibility for proceedings under this article. -(j) An order issued by a judge pursuant to Section 6601.5, finding that the petition, on its face, supports a finding of probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon his or her release, shall toll that person’s parole pursuant to paragraph (4) of subdivision (a) of Section 3000 of the Penal Code, if that individual is determined to be a sexually violent predator. -(k) Pursuant to subdivision (d), the attorney designated by the county pursuant to subdivision (i) shall notify the State Department of State Hospitals of its decision regarding the filing of a petition for commitment within 15 days of making that decision. -SEC. 2. -Section 6601.3 of the Welfare and Institutions Code is amended to read: -6601.3. -(a) Upon a showing of good cause, the Board of Parole Hearings may order that a person referred to the State Department of State Hospitals pursuant to subdivision (b) of Section 6601 remain in custody for no more than 45 days beyond the person’s scheduled release date for full evaluation pursuant to subdivisions (c) to (i), inclusive, of Section 6601. -(b) For purposes of this section, good cause means circumstances where there is a recalculation of credits or a restoration of denied or lost credits by any custodial agency or court, a resentencing by a court, the receipt of the prisoner into custody, or equivalent exigent circumstances that result in there being less than 45 days prior to the person’s scheduled release date for the full evaluation described in subdivisions (c) to (i), inclusive, of Section 6601.","Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a person who is in custody under that department’s jurisdiction, who is serving a determinate sentence or whose parole has been revoked, for evaluation by the State Department of State Hospitals if the secretary determines that the person may be a sexually violent predator. Existing law establishes a screening process for the department and the Board of Parole Hearings to determine whether a person has committed a sexually violent offense, and to determine if the person is likely to be a sexually violent predator prior to referral to the State Department of State Hospitals for a full evaluation. Existing law authorizes the board, upon a showing of good cause, as defined, to order that the person referred to the State Department of State Hospitals remain in custody for no more than 45 days beyond the person’s scheduled release date for full evaluation. Existing law requires, if the State Department of State Hospitals determines that the person is a sexually violent predator, as defined, the Director of State Hospitals to forward a request to a specified county for a petition to be filed for the person to be committed to a facility for mental health treatment. -This bill would require the Director of State Hospitals to forward the request no less than 20 calendar days prior to the scheduled release date of the person or, if the person is ordered by the board to remain in custody beyond the person’s scheduled release date, no less than 20 calendar days prior to the end of that hold. The bill would modify the definition of “good cause” in the above provision. The bill would also make technical, nonsubstantive changes to these provisions.","An act to amend Sections 6601 and 6601.3 of the Welfare and Institutions Code, relating to mental health." -961,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known and may be cited as the Fix Our Roads Act. -SEC. 2. -The Legislature finds and declares all of the following: -(a) According to the Governor, California faces a $5.7 billion annual shortfall in funding state highway maintenance and rehabilitation. Local governments have identified an additional $7.8 billion annual shortfall for maintaining local streets and roads. -(b) Ensuring the safe and efficient movement of goods and people is a fundamental role of government. California has neglected its roads and highways. According to the Department of Transportation (Caltrans), more than 15 percent of the state’s 50,000 miles of state highways are characterized as “distressed,” and require substantial rehabilitation and reconstruction work. An additional 25 percent of the state highway system is in need of corrective maintenance. -(c) California is ranked 45th in the United States by the Reason Foundation’s 21st Annual Report on the Performance of State Highway Systems for overall highway condition and performance. -(d) According to The Road Information Program, a national transportation research group, congestion-related delays cost California motorists $20.4 billion every year. In Los Angeles and the Bay Area, the average motorist loses 61 hours due to congestion each year, costing $1,300 in lost time and wasted fuel. In the commercial sector, $1.34 trillion in goods are shipped from sites in California. According to the American Transportation Research Institute, traffic congestion in California adds over $1.7 billion annually in operational costs for the commercial trucking sector. -(e) According to the American Petroleum Institute, Californians pay the fourth highest gas tax in the nation. -(f) In 2015, the state’s cap-and-trade program was expanded to cover transportation fuels. According to the State Energy Resources Conservation and Development Commission, this added an additional 10 cents to the cost of a gallon of gas. The Legislative Analyst’s Office estimates this tax will grow automatically to between 13 cents and 20 cents per gallon over the next five years. When this “hidden tax” is included, Californians pay the highest gas tax in the nation. -(g) This hidden tax on gasoline will generate between $1 billion and $3 billion per year in new revenue. None of this revenue supports road maintenance and rehabilitation. -(h) During the last recession, the Legislature diverted approximately $1 billion per year in truck weight fees from funding road maintenance and rehabilitation to backfill the state’s General Fund. -(i) General Fund spending grew by more than $15 billion between the 2013–14 and 2015–16 fiscal years. The weight fee diversion has not been reversed, and none of this new spending directly supported road maintenance or rehabilitation projects. -(j) The Legislative Analyst projects the state will have an $11.5 billion surplus in the 2016–17 fiscal year. -(k) The Legislature borrowed $482 million from the state’s Traffic Congestion Relief Program in 2001. None of this loan has been repaid. -(l) The Legislature is funding construction of a $68-billion-high-speed rail project. If constructed, this project would reduce traffic congestion by only 1 percent. In addition to more than $500 million per year in cap-and-trade revenue, taxpayers will pay $650 million per year in bond debt service over the next 30 years to fund this project. -(m) California does not spend existing road funds efficiently. The cost of meeting the state’s highway maintenance needs has nearly tripled over 10 years, while gas tax revenue for maintenance has remained steady. In May 2014, the Legislative Analyst released a review of staff support costs at Caltrans. The report determined that Caltrans is overstaffed by 3,500 full-time employees, at a cost of more than $500 million per year. -(n) Gas taxes and vehicle registration fees are regressive, and disproportionately harm low-income and middle class working families. Lower income Californians drive less fuel efficient vehicles, and commute longer distances due to the state’s lack of affordable housing. -(o) According to the American Automobile Association, Californians already pay the highest gas prices in the nation. -(p) The Governor proposes placing 1,500,000 zero-emission vehicles on California’s roads by 2025. Electric vehicle owners are disproportionately wealthy, and do not contribute any gas tax to pay for road maintenance and rehabilitation. According to an October 2015 University of California, Berkeley, study, the wealthiest 20 percent of households capture 90 percent of federal tax credits for electric vehicle purchases. -(q) Because electric vehicle owners do not pay gas tax, increasing the gas tax shifts the burden for roadway maintenance to lower income Californians. -(r) In September 2015, the Governor proposed a $500 million gas tax increase, and a $2 billion vehicle registration fee increase, to fund road maintenance and rehabilitation. The $65 registration fee increase would more than double the existing base registration fee. -SEC. 3. -A special election is hereby called to be held throughout the state on November 8, 2016. The special election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used. -SEC. 4. -(a) Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit the following advisory question to the voters at the November 8, 2016, consolidated election: -“Shall the California Legislature disproportionately target low-income and middle class families with a regressive tax increase on gasoline and annual vehicle registrations to fund road maintenance and rehabilitation, rather than ending the diversion of existing transportation tax revenues for nontransportation purposes, investing surplus state revenue in transportation infrastructure, repaying funds borrowed from transportation accounts, prioritizing roads over high-speed rail, and eliminating waste at the Department of Transportation?” -(b) The provisions of the Elections Code that apply to the preparation of ballot measures and ballot materials at a statewide election apply to the measure submitted pursuant to this section. -SEC. 5. -(a) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code or any other law, the Secretary of State shall submit Section 4 of this act to the voters at the November 8, 2016, statewide general election. -(b) Notwithstanding Section 13115 of the Elections Code, Section 4 of this act and any other measure placed on the ballot by the Legislature for the November 8, 2016, statewide general election after the 131-day deadline set forth in Section 9040 of the Elections Code shall be placed on the ballot, following all other ballot measures, in the order in which they qualified as determined by chapter number. -(c) The Secretary of State shall include, in the ballot pamphlets mailed pursuant to Section 9094 of the Elections Code, the information specified in Section 9084 of the Elections Code regarding the ballot measure contained in Section 4 of this act. -SEC. 6. -This act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.","This bill would call a special election to be consolidated with the November 8, 2016, statewide general election. The bill would require the Secretary of State to submit to the voters at the November 8, 2016, consolidated election an advisory question asking whether the California Legislature should “disproportionately target low-income and middle class families with a regressive tax increase on gasoline and annual vehicle registrations to fund road maintenance and rehabilitation, rather than ending the diversion of existing transportation tax revenues for nontransportation purposes, investing surplus state revenue in transportation infrastructure, repaying funds borrowed from transportation accounts, prioritizing roads over high-speed rail, and eliminating waste at the Department of Transportation.” The bill would also make legislative findings and declarations. -This bill would declare that it is to take effect immediately as an act calling an election.","An act relating to transportation, calling an election, to take effect immediately." -962,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 44332 of the Education Code is amended to read: -44332. -(a) Except where that service is provided by a school district authorized to register certification documents pursuant to Section 44332.5, each county board of education or city and county board of education may issue temporary certificates for the purpose of authorizing salary payments to certified employees, including individuals certified in another state, whose credential applications are being processed or to personnel employed in children’s centers or other preschool educational programs whose permit applications are being processed. However, the individual must have demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to the requirements of Section 44252.5. The applicant for the temporary certificate shall make a statement under oath that he or she has duly filed an application for a credential or permit together with the required fee and that, to the best of his or her knowledge, no reason exists why a certificate or permit should not be issued. The certificate or permit shall be valid for not more than one calendar year from the date of issuance. -(b) The county board of education or city and county board of education shall cancel the temporary certificate or permit immediately upon receipt of certification in writing from the commission that the applicant apparently does not possess adequate academic qualifications or apparently has a criminal record that would disqualify the applicant. -(c) A temporary certificate issued to a permit applicant is not valid beyond the time that the commission either issues or denies the originally requested permit. A temporary certificate issued to a credential applicant is not valid beyond the time that the commission provides written notification to the county board of education or city and county board of education that the applicant apparently does not possess adequate qualifications or that the commission has received facts that may cause denial of the application, or beyond the time that the commission either issues or denies the originally requested credential. -(d) A county board of education or city and county board of education may not issue a temporary certificate to an applicant whose teaching credential is revoked or suspended. -SEC. 2. -Section 44332.5 of the Education Code is amended to read: -44332.5. -(a) (1) A school district that may issue warrants pursuant to Section 42647 may, at its discretion, provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district. -(2) A school district shall not provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district until the school district has obtained a certificate of clearance from the commission. -(b) During any period when summary criminal history information is not available from the Federal Bureau of Investigation, an applicant for an initial credential, certificate, or permit shall not be employed in a position requiring certification qualifications until he or she has met the minimum requirements for a temporary certificate of clearance. A temporary certificate of clearance or a credential, certificate, or permit authorizing service in the public schools shall be issued when the applicant has: -(1) Made full disclosure of all facts necessary to establish his or her true identity. -(2) Made a statement under penalty of perjury that he or she has not been convicted of a crime which would constitute grounds for the denial of the credential, permit, or certificate applied for. -An applicant shall not be required to disclose, and the Committee of Credentials shall not inquire into or consider, any acts or omissions not related to the applicant’s fitness to teach or to perform other duties for which he or she is certificated, or that is related to his or her competence to perform the duties authorized by his or her credential. -(3) Paid to the commission the amount of twelve dollars ($12) or the fees or costs which have been or will be assessed by the Federal Bureau of Investigation for the issuance of its summary criminal history of the applicant when this information is once again made available to the commission. The fees authorized by this paragraph shall be applicable to all credentials, permits, and certificates which were applied for or issued after October 1, 1981. -(c) Upon receipt of a statement from the Federal Bureau of Investigation that it has no summary criminal history information on the applicant, or upon receipt of the summary criminal history information and clearance by the Committee of Credentials, a temporary certificate of clearance shall be converted to a regular certificate of clearance. -SEC. 3. -Section 44332.6 of the Education Code is amended to read: -44332.6. -(a) (1) Before issuing a temporary certificate pursuant to Section 44332, a county board of education or city and county board of education shall obtain a certificate of clearance from the commission and shall not issue a temporary certificate if the applicant has been convicted of a violent or serious felony. -(2) Before issuing a temporary certificate of clearance pursuant to Section 44332.5, a school district shall obtain a certificate of clearance from the commission and shall not issue a temporary certificate of clearance if the applicant has been convicted of a violent or serious felony. -(b) This section applies to any violent or serious offense which, if committed in this state would have been punishable as a violent or serious felony. -(c) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code. -(d) Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that he or she has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. -(e) Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that the person has been convicted of a serious felony that is not also a violent felony, if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident. -(f) (1) Notwithstanding paragraph (1) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that employee. -(2) Notwithstanding paragraph (2) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate of clearance to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that employee. -SEC. 4. -Article 15 (commencing with Section 44405) is added to Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code, to read: -Article 15. Nonpublic, Nonsectarian Schools -44405. -(a) A county board of education or city and county board of education may issue temporary certificates for the purpose of authorizing salary payments to certified employees of nonpublic, nonsectarian schools, including individuals certified in another state, whose credential applications are being processed by the commission. However, the individuals must have demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to the requirements of Section 44252.5. The applicant for a temporary certificate shall make a statement that he or she has duly filed an application with the commission for a credential or permit together with the required fee and that, to the best of his or her knowledge, no reason exists why a certificate or permit should not be issued. The certificate or permit shall be valid for not more than one calendar year from the date of issuance. -(b) The county board of education or city and county board of education shall cancel the temporary certificate or permit, providing notification to the applicant and the nonpublic, nonsectarian school specified on the temporary certificate or permit, immediately upon receipt of certification in writing from the commission that the applicant apparently does not possess adequate academic qualifications or apparently has a criminal record that would disqualify the applicant. -(c) A temporary certificate issued to a permit applicant is not valid beyond the time that the commission either issues or denies the originally requested permit. A temporary certificate issued to a credential applicant is not valid beyond the time that the commission provides written notification to the county board of education or city and county board of education that the applicant apparently does not possess adequate qualifications or that the commission has received facts that may cause denial of the application, or beyond the time that the commission either issues or denies the originally requested credential. -(d) A county board of education or city and county board of education may not issue a temporary certificate to an applicant whose teaching credential is revoked or suspended. -(e) For purposes of this article, “nonpublic, nonsectarian school” has the same meaning as defined in Section 56034. -44406. -(a) Before issuing a temporary certificate pursuant to Section 44405, a county board of education or city and county board of education shall obtain a certificate of clearance from the commission. -(b) The conditions under which a temporary certificate issued pursuant to Section 44405 may or shall be revoked, issued, or denied, as applicable, shall be the same for nonpublic, nonsectarian schools as for schools operated by local educational agencies, as provided in Article 8 (commencing with Section 44330). -44407. -The commission shall honor requests to expedite the processing of applications for teacher credentialing received from the department on behalf of an applicant employed or seeking employment at a nonpublic, nonsectarian school to the same degree the commission honors requests to expedite the processing of applications for teacher credentialing received from another employing agency. -44408. -The department shall recognize the authority of all teacher permits, credentials, and certificates issued by the commission or a county board of education or city and county board of education authorized by this article. -44409. -This article shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2025, deletes or extends the dates on which it becomes inoperative and is repealed.","(1) Existing law authorizes a county board of education or city and county board of education to issue temporary certificates to certified employees whose credentials are being processed by the Commission on Teacher Credentialing. Under existing law, a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, is required to obtain a criminal record summary about the applicant from the Department of Justice. -This bill instead would authorize a county board of education or city and county board of education to issue temporary certificates to certified employees, including individuals certified in another state, whose credentials are being processed by the commission. The bill would require a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, to instead obtain a certificate of clearance from the commission. -(2) Existing law authorizes certain school districts, at their discretion, to provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district. -This bill would prohibit a school district from exercising that authority until the school district has obtained a certificate of clearance from the commission. -(3) Existing law authorizes a local educational agency to contract with a nonpublic, nonsectarian school to provide the appropriate special educational facilities, special education, or designated instruction and services required by a pupil with exceptional needs if no appropriate public education program is available. -This bill would authorize a county board of education or city and county board of education to issue temporary certificates to certified employees of nonpublic, nonsectarian schools, including individuals certified in another state, whose credentials are being processed by the commission, as provided. The bill would require a county board of education or city and county board of education, before issuing a temporary certificate, to obtain a certificate of clearance from the commission. The bill would provide that the conditions under which a temporary certificate issued pursuant to these provisions may or shall be revoked, issued, or denied, as applicable, are to be the same for nonpublic, nonsectarian schools as for schools operated by local educational agencies. -The bill would require the commission to honor requests to expedite teacher credentialing processing from the State Department of Education on behalf of an applicant employed or seeking employment at a nonpublic, nonsectarian school to the same degree the commission honors requests to expedite the processing of applications for teacher credentialing received from other employing agencies. -The bill would require the State Department of Education to recognize all teacher permits, credentials, and certificates issued by the commission or a county board of education or city and county board of education authorized by this bill. -The bill would make these provisions inoperative on July 1, 2024, and would repeal them as of January 1, 2025.","An act to amend Sections 44332, 44332.5, and 44332.6 of, and to add and repeal Article 15 (commencing with Section 44405) of Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code, relating to teacher credentialing." -963,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 50199.10 of the Health and Safety Code is amended to read: -50199.10. -(a) For purposes of allocating low-income housing credits, the committee is hereby designated as this state’s only housing credit agency for purposes of Section 42(h) of the federal Internal Revenue Code (26 U.S.C. Sec. 42(h)). The committee shall annually determine and shall allocate the state ceiling in accordance with this chapter and in conformity with federal law. The committee shall determine the housing credit ceiling as soon as possible following the effective date of this chapter and thereafter following the commencement of each calendar year. The committee shall undertake any and all responsibilities of housing credit agencies under Section 42 of Title 26 of the United States Code, including entering into regulatory agreements relating to projects that are granted awards. -(b) The committee shall develop and provide application forms for use by housing credit applicants. The committee shall adopt uniform procedures for submission and review of applications of housing credit applicants, including fees to defray the committee’s costs in administering this chapter. In the committee’s discretion, the fees shall be charged to a housing credit applicant as a condition of submitting an application or as a condition of receiving an allocation or reservation of the state’s current or anticipated housing credit ceiling, or both. -(c) In addition to allocating the current housing credit ceiling, the committee may reserve a portion of the state’s anticipated housing credit ceiling for a subsequent year for a housing credit applicant. -(d) As a condition to making an allocation of the housing credit ceiling or a reservation of the anticipated housing credit ceiling for a subsequent year, the committee may require the housing credit applicant receiving the allocation or reservation to deposit with the committee an amount of money as a good-faith undertaking. The committee shall adopt policies for determining when deposits will be required, prescribing procedures for return of deposits, and specifying the circumstances under which the deposits will be forfeited in whole or in part for failure to timely utilize the allocation or reservation provided to the housing credit applicant. -(e) (1) The committee may make any allocation or reservation of the state’s housing credit ceiling to a housing credit applicant subject to terms and conditions in furtherance of the purposes of this part. The committee may condition an allocation or reservation on the execution of a contract between the housing credit applicant and the committee requiring the housing credit applicant to comply with all the terms of Section 42 of the federal Internal Revenue Code, any applicable state laws, and any additional requirements the committee deems necessary or appropriate to serve the purposes of this chapter, and providing for legal action to obtain specific performance or monetary damages for breach of contract. -(2) No allocations or reservations shall be made pursuant to this subdivision with respect to projects that do not meet the requirements of the qualified allocation plan, and no allocations or reservations shall be made in amounts that do not meet the requirements of paragraph (2) of subsection (m) of Section 42 of Title 26 of the United States Code. -(3) (A) With respect to an allocation or reservation, the committee may establish a schedule of fines for violations of the terms and conditions, the regulatory agreement, other agreements, or program regulations. In developing the schedule of fines, the committee shall establish the fines for violations in an amount up to five hundred dollars ($500) per violation or double the amount of the financial gain because of the violation, whichever is greater. Except for serious violations, which shall be defined by the committee, a first-time property owner violator shall be given at least 30 days to correct the violation before a fine is imposed. A violation that has occurred for some time prior to discovery is one violation, but fines may be a recurring amount if the violation is not corrected within a reasonable period of time thereafter, as determined by the committee. A property owner may appeal a fine to the committee. -(B) By resolution at a public general committee meeting, the committee shall adopt and may revise the schedule of fines, which shall include specific violations of the terms and conditions, the regulatory agreement, other agreements, or program regulations and fine amounts subject to the criteria in subparagraph (A). -(C) All fines received by the committee shall be deposited in the Housing Rehabilitation Loan Fund established in Section 50661. -(D) If a fine assessed against a property owner is not paid within six months from the date when the fine was initially assessed by the committee and after reasonable notice has been provided to the property owner, the committee may record a lien against the property. Consistent with Sections 1214 and 1215 of the Civil Code, a lien created pursuant to this paragraph shall not be superior to any lien recorded prior to the recording of this lien.","Under existing law, the California Tax Credit Allocation Committee administers the federal and state low-income housing tax credit programs. Existing law requires the committee to allocate the housing credit on a specified regular basis and requires the committee to only allocate credits to a project if the housing sponsor enters into a specified regulatory agreement. Existing law authorizes the committee to make any allocation or reservation of the state’s housing credit ceiling to a housing credit applicant subject to specified terms and conditions. -Existing law establishes the Housing Rehabilitation Loan Fund, which is continuously appropriated to the Department of Housing and Community Development, to fund various housing-related purposes. -This bill would authorize the committee to establish a specified schedule of fines for violations of the terms and conditions, the regulatory agreement, other agreements, or program regulations. The bill would require the committee to define serious violations and, except for serious violations, would require a first-time property owner violator to be given the opportunity to correct the violation before the fine is imposed. The bill would authorize a property owner to appeal a fine to the committee. The bill would require these fines to be deposited in the Housing Rehabilitation Loan Fund and would authorize the committee to record a property lien if the fine has not been paid within a specified period of time. By depositing these fines into the Housing Rehabilitation Loan Fund, a continuously appropriated fund, the bill would make an appropriation.","An act to amend Section 50199.10 of the Health and Safety Code, relating to housing, and making an appropriation therefor." -964,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3017 of the Elections Code is amended to read: -3017. -(a) All vote by mail ballots cast under this division shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall do any of the following: (1) return the ballot by mail or in person to the elections official from whom it came, (2) return the ballot in person to a member of a precinct board at a polling place within the jurisdiction, or (3) return the ballot to the elections official from whom it came at a vote by mail ballot drop-off location, if provided pursuant to Section 3025. However, a vote by mail voter who is unable to return the ballot may designate any person to return the ballot to the elections official from whom it came or to the precinct board at a polling place within the jurisdiction. The ballot must, however, be received by either the elections official from whom it came or the precinct board before the close of the polls on election day. -(b) The elections official shall establish procedures to ensure the secrecy of a ballot returned to a precinct polling place and the security, confidentiality, and integrity of any personal information collected, stored, or otherwise used pursuant to this section. -(c) On or before March 1, 2008, the elections official shall establish procedures to track and confirm the receipt of voted vote by mail ballots and to make this information available by means of online access using the county’s elections division Internet Web site. If the county does not have an elections division Internet Web site, the elections official shall establish a toll-free telephone number that may be used to confirm the date a voted vote by mail ballot was received. -(d) The provisions of this section are mandatory, not directory, and a ballot shall not be counted if it is not delivered in compliance with this section. -(e) (1) A person designated to return a vote by mail ballot shall not receive any form of compensation based on the number of ballots that the person has returned and no individual, group, or organization shall provide compensation on this basis. -(2) For purposes of this paragraph, “compensation” means any form of monetary payment, goods, services, benefits, promises or offers of employment, or any other form of consideration offered to another person in exchange for returning another voter’s vote by mail ballot. -(3) Any person in charge of a vote by mail ballot and who knowingly and willingly engages in criminal acts related to that ballot as described in Division 18 (commencing with Section 18000), including, but not limited to, fraud, bribery, intimidation, and tampering with or failing to deliver the ballot in a timely fashion, is subject to the appropriate punishment specified in that division. -SEC. 1.5. -Section 3017 of the Elections Code is amended to read: -3017. -(a) All vote by mail ballots cast under this division shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall do any of the following: (1) return the ballot by mail or in person to the elections official who issued the ballot, (2) return the ballot in person to a member of a precinct board at a polling place or vote center within the state, or (3) return the ballot to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. However, a vote by mail voter who is unable to return the ballot may designate any person to return the ballot to the elections official who issued the ballot, to the precinct board at a polling place or vote center within the state, or to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. The ballot must, however, be received by the elections official who issued the ballot, the precinct board, or the vote by mail ballot dropoff location before the close of the polls on election day. If a vote by mail ballot is returned to a precinct board at a polling place or vote center, or to a vote by mail ballot dropoff location, that is located in a county that is not the county of the elections official who issued the ballot, the elections official for the county in which the vote by mail ballot is returned shall forward the ballot to the elections official who issued the ballot no later than eight days after receipt. -(b) The elections official shall establish procedures to ensure the secrecy of a ballot returned to a precinct polling place and the security, confidentiality, and integrity of any personal information collected, stored, or otherwise used pursuant to this section. -(c) On or before March 1, 2008, the elections official shall establish procedures to track and confirm the receipt of voted vote by mail ballots and to make this information available by means of online access using the county’s elections division Internet Web site. If the county does not have an elections division Internet Web site, the elections official shall establish a toll-free telephone number that may be used to confirm the date a voted vote by mail ballot was received. -(d) The provisions of this section are mandatory, not directory, and a ballot shall not be counted if it is not delivered in compliance with this section. -(e) (1) A person designated to return a vote by mail ballot shall not receive any form of compensation based on the number of ballots that the person has returned and no individual, group, or organization shall provide compensation on this basis. -(2) For purposes of this paragraph, “compensation” means any form of monetary payment, goods, services, benefits, promises or offers of employment, or any other form of consideration offered to another person in exchange for returning another voter’s vote by mail ballot. -(3) Any person in charge of a vote by mail ballot and who knowingly and willingly engages in criminal acts related to that ballot as described in Division 18 (commencing with Section 18000), including, but not limited to, fraud, bribery, intimidation, and tampering with or failing to deliver the ballot in a timely fashion, is subject to the appropriate punishment specified in that division. -SEC. 2. -Section 1.5 of this bill incorporates amendments to Section 3017 of the Elections Code proposed by both this bill and Senate Bill 450. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 3017 of the Elections Code, and (3) this bill is enacted after Senate Bill 450, in which case Section 1 of this bill shall not become operative.","Existing law requires that the vote by mail ballot be available to any registered voter. Under existing law, a voter who is unable to return his or her vote by mail ballot may designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or person residing in the same household as the vote by mail voter to return the vote by mail ballot. Except in the case of a candidate or the spouse of a candidate, existing law prohibits the return of a voter’s vote by mail ballot by one of those designees who is also a paid or volunteer worker of a general purpose committee, controlled committee, or any other group or organization at whose behest the individual designated to return the ballot is performing a service. -This bill would remove those restrictions and instead authorize the designation of any person to return a vote by mail ballot. The bill would prohibit a person designated to return a vote by mail ballot from receiving any form of compensation, as defined, based on the number of ballots that the person has returned and would prohibit an individual, group, or organization from providing compensation on this basis. The bill would state that any person in charge of a vote by mail ballot who knowingly and willingly engages in criminal acts related to that ballot is subject to the appropriate punishment pursuant to existing law. -This bill would incorporate additional changes to Section 3017 of the Elections Code proposed by SB 450 that would become operative only if SB 450 and this bill are both chaptered and this bill is chaptered last.","An act to amend Section 3017 of the Elections Code, relating to elections." -965,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11658 of the Insurance Code is amended to read: -11658. -(a) A workers’ compensation insurance policy or endorsement shall not be issued by an insurer to any person in this state unless the insurer files a copy of the form or endorsement with the rating organization pursuant to subdivision (e) of Section 11750.3 and 30 days have expired from the date the form or endorsement is received by the commissioner from the rating organization without notice from the commissioner, unless the commissioner gives written approval of the form or endorsement prior to that time. -(b) (1) An ancillary agreement shall not be issued by an insurer to a California employer unless the insurer files a copy of the ancillary agreement with the rating organization pursuant to subdivision (e) of Section 11750.3 and 30 days have expired from the date the ancillary agreement is received by the commissioner from the rating organization without notice from the commissioner unless the commissioner gives written approval of the ancillary agreement prior to that time. -(2) (A) Subdivision (a) and paragraph (1) of this subdivision do not apply to an ancillary agreement between an insurer and a California employer issued in conjunction with a workers’ compensation policy or endorsement that contains a deductible obligation or retrospectively rated loss limitation equal to or greater than two hundred fifty thousand dollars ($250,000), provided that, for an endorsement containing a deductible obligation, the endorsement complies with the requirements of subdivision (e) of Section 11735, or, for a retrospectively rated policy, is contained in an endorsement filed by a rating organization pursuant to Sections 11750.3 and 11753 and approved by the commissioner, and the California employer meets at least three of the following criteria: -(i) Is represented by a broker for negotiations regarding the ancillary agreement and either has a full-time risk manager involved in the evaluation of an ancillary agreement or is represented by counsel during negotiations regarding an ancillary agreement. -(ii) Has 500 or more employees. -(iii) Has an annual nationwide payroll in excess of twenty million dollars ($20,000,000). -(iv) Has a workers’ compensation manual standard premium on a countrywide basis in excess of one million dollars ($1,000,000). -(B) Paragraph (1) controls, and this paragraph does not apply to, an ancillary agreement between an insurer and a California employer that is either of the following: -(i) Issued pursuant to a coemployment arrangement, as defined in subdivision (g). -(ii) Negotiated, managed, or administered, in whole or in part, by a managing general agent (MGA), as defined in subdivision (c) of Section 769.81. -(3) An ancillary agreement shall not do either of the following: -(A) Amend or revise the coverage provided, any cancellation provision, any dispute resolution agreement, any premium or other costs, or the benefits payable, under a workers’ compensation policy unless it is filed and approved in accordance with this section. -(B) Include charges or costs as allocated loss adjustment expenses that are not defined as allocated loss adjustment expenses in the California Workers’ Compensation Uniform Statistical Reporting Plan - 1995, as identified in Section 2318.6 of Title 10 of the California Code of Regulations and any subsequent revisions, unless the ancillary agreement is filed and approved in accordance with this section. -(4) The terms and conditions of a workers’ compensation policy and any endorsements shall take precedence over the provisions contained in an ancillary agreement if there is an inconsistency or a conflict between the policy or endorsement and the ancillary agreement. -(5) Contemporaneously with any written quote to provide workers’ compensation coverage to a California employer, the insurer shall provide to the insurance agent or broker for the employer a draft of any ancillary agreement that the insurer reasonably expects to require the employer to sign, together with a notice that the terms of the ancillary agreement are negotiable between the insurer and the employer. -(6) An insurer may use and shall subsequently notify the insurance commissioner of an ancillary agreement described in paragraph (2) by providing a copy of the ancillary agreement to the commissioner within 30 days of the insurer issuing the ancillary agreement. The ancillary agreement shall not be subject to filing with the commissioner or rating organization or approval by the commissioner, but it shall be subject to all other authority granted to the commissioner under law. -(7) An ancillary agreement that is described in paragraph (2) shall include language stating that the ancillary agreement has not been filed with the rating organization or filed with, or approved by, the commissioner. -(8) This subdivision applies to ancillary agreements issued or renewed on or after January 1, 2017. -(c) If the commissioner notifies the insurer that a policy form, endorsement, or ancillary agreement does not comply with the requirements of law, specifying the reasons for his or her opinion, it is unlawful for the insurer to issue any policy form, endorsement, or ancillary agreement in that form. -(d) The withdrawal of a policy form, endorsement, or ancillary agreement by the commissioner pursuant to this section shall not affect the status of the policyholder as having secured payment for compensation or affect the substitution of the insurer for the policyholder in workers’ compensation proceedings as set forth in the provisions of Chapter 4 (commencing with Section 3700) of Part 1 of Division 4 of the Labor Code during the period of time in which the policy form, endorsement, or ancillary agreement was in effect. -(e) The terms and provisions of collateral and security agreements shall be negotiated contemporaneously with the inception or renewal of the underlying policy, and any revisions or additions to those terms subsequent to the inception or renewal of the policy shall be mutually agreed upon by the parties. -(f) This section does not apply to limited policies submitted for approval to the commissioner pursuant to Section 11657. -(g) For purposes of this section, the following definitions apply: -(1) (A) “Ancillary agreement” means an agreement that is a supplementary writing or contract relating to a policy or endorsement form that adds to, subtracts from, or is inconsistent with the obligations of either the insured or the insurer under an insurance policy or endorsement. -(B) “Ancillary agreement” does not include any of the following: -(i) Limiting and restricting endorsements. -(ii) Customized limiting and restricting endorsements. -(iii) Collateral and security agreements. -(2) “California employer” means an employer whose principal place of business is in California and whose California payroll constitutes the majority of the employer’s payroll for purposes of determining premium under the policy. -(3) “Coemployment arrangement” means any arrangement, under contract or otherwise, whereby an entity utilizes the services of a third party to provide workers or human resources services for a fee or other compensation, including, but not limited to: -(A) A professional employer organization. -(B) A leasing employer, as defined in Section 606.5 of the Unemployment Insurance Code. -(C) A temporary services employer, as defined in Section 606.5 of the Unemployment Insurance Code. -(D) Any employer, regardless of name or form of organization, that is in the business of providing workers to other employers. -(4) “Collateral and security agreement” means an agreement between a California employer and an insurer under a large deductible program, large risk-rating program, or retrospectively rated program that relates to payments and reimbursements that the insured is contractually obligated to make to the insurer and that includes one or more of the following terms or provisions: -(A) The timing, method, and conditions for making payments to the insurer for amounts imposed by any state or regulatory taxing authority that are made on the insured’s behalf. -(B) The timing, method, and conditions for funding, paying, or reimbursing deductible or retrospectively rated amounts or other policy-related charges due under a policy. -(C) The type and amount of collateral the insured is required to post as security for its obligations. -(D) Payment due dates and transmittal information. -(E) Terms or provisions related to claims administration, including the method for selecting a claims administrator. -(F) Termination and dispute resolution provisions applicable to the collateral and security agreement. -(G) Terms of default under the collateral and security agreement. -(5) “Customized limiting and restricting endorsement” means an endorsement unique to a specific policy used under the following circumstances or for the following purposes: -(A) When the employer’s business is conducted in such a manner that it is impossible or impracticable to determine the nature, scope, and extent of employment covered by the insurer. -(B) To prevent the performance of work in such an extremely hazardous manner or under such hazardous conditions as would reflect a reckless disregard by the employer for the welfare of its employees. -(C) To prevent the issuance of an unrestricted policy if it would encourage an operation that is contrary to law or to the rules of a regulatory agency. -(6) “Limiting and restricting endorsement” means an endorsement that excludes from coverage some portion of workers’ compensation liability for which the employer is required to secure payment pursuant to the Labor Code that, after approval of the endorsement by the Insurance Commissioner, may be endorsed to a workers’ compensation policy. -(h) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SEC. 2. -Section 11658 is added to the Insurance Code, to read: -11658. -(a) A workers’ compensation insurance policy or endorsement shall not be issued by an insurer to any person in this state unless the insurer files a copy of the form or endorsement with the rating organization pursuant to subdivision (e) of Section 11750.3 and 30 days have expired from the date the form or endorsement is received by the commissioner from the rating organization without notice from the commissioner, unless the commissioner gives written approval of the form or endorsement prior to that time. -(b) If the commissioner notifies the insurer that the filed form or endorsement does not comply with the requirements of law, specifying the reasons for his or her opinion, it is unlawful for the insurer to issue any policy or endorsement in that form. -(c) The withdrawal of a policy form or endorsement by the commissioner pursuant to this section shall not affect the status of the policyholder as having secured payment for compensation or affect the substitution of the insurer for the policyholder in workers’ compensation proceedings as set forth in the provisions of Chapter 4 (commencing with Section 3700) of Part 1 of Division 4 of the Labor Code during the period of time in which the policy form or endorsement was in effect. -(d) This section does not apply to limited policies submitted for approval to the commissioner pursuant to Section 11657. -(e) This section shall become operative on January 1, 2022. -SEC. 3. -Section 11658.5 of the Insurance Code is amended to read: -11658.5. -(a) (1) An insurer that intends to use a dispute resolution or arbitration agreement to resolve disputes arising in California out of a workers’ compensation insurance policy, endorsement, ancillary agreement, or collateral and security agreement, as defined in Section 11658, issued to a California employer shall disclose to the employer, contemporaneously with any written quote that offers to provide insurance coverage, that choice of law and choice of venue or forum may be a jurisdiction other than California and that these terms are negotiable between the insurer and the employer. The disclosure shall be signed by the employer as evidence of receipt if the employer accepts the offer of coverage from that insurer. -(2) After compliance with paragraph (1), a dispute resolution or arbitration agreement may be negotiated by the insurer and the employer before any dispute arises. -(b) Nothing in this section is intended to interfere with any authority granted to the Insurance Commissioner under current law. -(c) Failure by the insurer to observe the requirements of subdivision (a) shall result in a default to California as the choice of law and forum for resolution of disputes arising in California. -(d) For purposes of this section, a “California employer” means an employer whose principal place of business is in California and whose California payroll constitutes the majority of the employer’s payroll for purposes of determining premium under the policy. -(e) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SEC. 4. -Section 11658.5 is added to the Insurance Code, to read: -11658.5. -(a) (1) An insurer that intends to use a dispute resolution or arbitration agreement to resolve disputes arising in California out of a workers’ compensation insurance policy or endorsement issued to a California employer shall disclose to the employer, contemporaneously with any written quote that offers to provide insurance coverage, that choice of law and choice of venue or forum may be a jurisdiction other than California and that these terms are negotiable between the insurer and the employer. The disclosure shall be signed by the employer as evidence of receipt if the employer accepts the offer of coverage from that insurer. -(2) After compliance with paragraph (1), a dispute resolution or arbitration agreement may be negotiated by the insurer and the employer before any dispute arises. -(b) Nothing in this section is intended to interfere with any authority granted to the Insurance Commissioner under current law. -(c) Failure by the insurer to observe the requirements of subdivision (a) shall result in a default to California as the choice of law and forum for resolution of disputes arising in California. -(d) For purposes of this section, a “California employer” means an employer whose principal place of business is in California and whose California payroll constitutes the majority of the employer’s payroll for purposes of determining premium under the policy. -(e) This section shall become operative on January 1, 2022.","Existing law prohibits a workers’ compensation insurance policy or endorsement from being issued by an insurer unless the insurer files a copy of the form or endorsement with a rating organization and 30 days have expired from the date the form or endorsement is received by the Insurance Commissioner from the rating organization without notice from the commissioner, unless the commissioner gives written approval of the form or the endorsement prior to that time. -This bill would prohibit an ancillary agreement, as defined, to a workers’ compensation insurance policy from being issued by an insurer to a California employer, as defined, unless the insurer files a copy of the ancillary agreement with a rating organization and 30 days have expired from the date the ancillary agreement is received by the commissioner from the rating organization without notice from the commissioner unless the commissioner gives written approval of the ancillary agreement prior to that time. The prohibition would not apply to an ancillary agreement between an insurer and a California employer issued in conjunction with a workers’ compensation policy or endorsement that contains a deductible obligation or retrospectively rated loss limitation and meets specified criteria. The bill would authorize an insurer to use such an ancillary agreement and would require an insurer to submit a copy of that ancillary agreement to the commissioner within 30 days of issuing the ancillary agreement. The bill would provide that the terms and conditions of a workers’ compensation policy and any endorsements take precedence over the provisions contained in an ancillary agreement in the case of an inconsistency or conflict between the policy or endorsement and the ancillary agreement. The bill would make additional changes relating to collateral and security agreements, as defined. The changes made by the bill would apply to ancillary agreements issued or renewed on or after January 1, 2017. The bill would also make conforming changes. -The changes made by the bill would apply only until January 1, 2022.","An act to amend, repeal, and add Sections 11658 and 11658.5 of the Insurance Code, relating to workers’ compensation insurance." -966,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1777.5 of the Labor Code is amended to read: -1777.5. -(a) This chapter does not prevent the employment of properly registered apprentices upon public works. -(b) (1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered. -(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test. -(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following: -(1) The apprenticeship standards and apprentice agreements under which he or she is training. -(2) The rules and regulations of the California Apprenticeship Council. -(d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program’s standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o). -(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. -(f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. -(g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. -(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. -(i) A contractor covered by this section who has agreed to be covered by an apprenticeship program’s standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g). -(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. -(k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met: -(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. -(2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. -(3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. -(4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. -(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. -(m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. -(2) At the conclusion of the 2002–03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows: -(A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made. -(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. -(C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship standards and requirements under this code. -(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. -(n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. -(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). -(p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Under existing law, an apprentice employed upon public works is required to be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and to be employed only at the work of the craft or trade to which he or she is registered, as specified. -This bill would require, when a contractor requests the dispatch of an apprentice to perform work on a public works project and requires compliance with certain preemployment activities as a condition of employment, as specified, that the apprentice be paid the prevailing rate for the time spent on any required preemployment activity, including travel time to and from the activity, if any, except as specified. -Because this bill would expand the application of the prevailing wage requirements, the violation of which is a crime, it would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1777.5 of the Labor Code, relating to public works." -967,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17052 of the Revenue and Taxation Code is amended to read: -17052. -(a) (1) For each taxable year beginning on or after January 1, 2015, there shall be allowed against the “net tax,” as defined by Section 17039, an earned income tax credit in an amount equal to an amount determined in accordance with Section 32 of the Internal Revenue Code, relating to earned income, as applicable for federal income tax purposes for the taxable year, except as otherwise provided in this section. -(2) (A) The amount of the credit determined under Section 32 of the Internal Revenue Code, relating to earned income, as modified by this section, shall be multiplied by the earned income tax credit adjustment factor for the taxable year. -(B) Unless otherwise specified in the annual Budget Act, the earned income tax credit adjustment factor for a taxable year beginning on or after January 1, 2015, shall be 0 percent. -(C) The earned income tax credit authorized by this section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the credit. -(b) (1) In lieu of the table prescribed in Section 32(b)(1) of the Internal Revenue Code, relating to percentages, the credit percentage and the phaseout percentage shall be determined as follows: -In the case of an eligible individual with: -The credit percentage is: -The phaseout percentage is: -No qualifying children -7.65% -7.65% -1 qualifying child -34% -34% -2 or more qualifying children -40% -40% -(2) (A) In lieu of the table prescribed in Section 32(b)(2)(A) of the Internal Revenue Code, the earned income amount and the phaseout amount shall be determined as follows: -In the case of an eligible individual with: -The earned income amount is: -The phaseout amount is: -No qualifying children -$3,290 -$3,290 -1 qualifying child -$4,940 -$4,940 -2 or more qualifying children -$6,935 -$6,935 -(B) Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply. -(3) Section 32(b)(3)(A) of the Internal Revenue Code, relating to increased percentage for three or more qualifying children, is modified by substituting “the credit percentage and phaseout percentage is 45 percent” for “the credit percentage is 45 percent.” -(c) (1) Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting “this state” for “the United States.” -(2) Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows: -(A) Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting “plus” and inserting in lieu thereof the following: “and only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.” -(B) Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall not apply. -(3) Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting “this state” for “the United States.” -(d) Section 32(i)(1) of the Internal Revenue Code is modified by substituting “$3,400” for “$2,200.” -(e) In lieu of Section 32(j) of the Internal Revenue Code, relating to inflation adjustments, for taxable years beginning on or after January 1, 2016, the amounts specified in paragraph (2) of subdivision (b) and in subdivision (d) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041. -(f) If the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. -(g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. -(h) Notwithstanding any other law, amounts refunded pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits. -(i) (1) For the purpose of implementing the credit allowed by this section for the 2015 taxable year, the Franchise Tax Board shall be exempt from the following: -(A) Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2. -(B) Special Project Report requirements under Statewide Information Management Manual Section 30. -(C) Section 11.00 of the 2015 Budget Act. -(D) Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code. -(2) The Franchise Tax Board shall formally incorporate the scope, costs, and schedule changes associated with the implementation of the credit allowed by this section in its next anticipated Special Project Report for its Enterprise Data to Revenue Project. -(j) (1) In accordance with Section 41 of the Revenue and Taxation Code, the purpose of the California Earned Income Tax Credit is to reduce poverty among California’s poorest working families and individuals. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following: -(A) The number of tax returns claiming the -credit, including the number of false or fraudulent claims. -credit. -(B) The number of individuals represented on tax returns claiming the credit. -(C) The average credit amount on tax returns claiming the credit. -(D) The distribution of credits by number of dependents and income ranges. The income ranges shall encompass the phase-in and phaseout ranges of the credit. -(E) Using data from tax returns claiming the credit, including an estimate of the federal tax credit determined under Section 32 of the Internal Revenue Code, an estimate of the number of families who are lifted out of deep poverty by the credit and an estimate of the number of families who are lifted out of deep poverty by the combination of the credit and the federal tax credit. For the purposes of this subdivision, a family is in “deep poverty” if the income of the family is less than 50 percent of the federal poverty threshold. -(F) The number of returns claiming the credit that are reduced in part before any refund is issued. -(G) The number of returns claiming the credit that are denied in full before any refund is issued. -(2) The Franchise Tax Board shall provide the written report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly -Committees -Committee -on Revenue and Taxation, and the Senate and Assembly Committees on Human Services. -(k) The tax credit allowed by this section shall be known as the California Earned Income Tax Credit.","The Personal Income Tax Law allows various credits against the taxes imposed by that law, including, in modified conformity with federal income tax laws, an earned income credit against personal income tax, as provided. Existing law requires the Franchise Tax Board to annually prepare a written report regarding the credit and to provide that report to specified legislative committees. -This bill would require the Franchise Tax Board to include in that annual report the number of -false or fraudulent claims for the credit. -returns claiming the credit that are reduced in part before a refund is issued and the number of returns claiming the credit that are denied in full before a refund is issued.","An act to amend Section 17052 of the Revenue and Taxation Code, relating to taxation." -968,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1797.184 of the Health and Safety Code is amended to read: -1797.184. -The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt all of the following: -(a) Guidelines for disciplinary orders, temporary suspensions, and conditions of probation for EMT-I and EMT-II certificate holders and EMT-P licenseholders that protect the public health and safety. -(b) Regulations for the issuance of EMT-I and EMT-II certificates by a certifying entity that protect the public health and safety. -(c) Regulations for the recertification of EMT-I and EMT-II certificate holders that protect the public health and safety. -(d) Regulations for disciplinary processes for EMT-I and EMT-II applicants and certificate holders that protect the public health and safety. These disciplinary processes shall be in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. -SEC. 2. -Section 1798.200 of the Health and Safety Code is amended to read: -1798.200. -(a) (1) (A) Except as provided in paragraph (2), an employer of an EMT-I, EMT-II, or EMT-P may conduct investigations, as necessary, and take disciplinary action against an EMT-I, EMT-II, or EMT-P who is employed by that employer for conduct in violation of subdivision (c). The employer shall notify the regulating entity within three days when an allegation has been validated as a potential violation of subdivision (c). -(B) Each employer of an EMT-I, EMT-II, or EMT-P shall notify the regulating entity within three days after the EMT-I, EMT-II, or EMT-P is terminated or suspended for a disciplinary cause, the EMT-I, EMT-II, or EMT-P resigns following notification of an impending investigation based upon evidence that would indicate the existence of a disciplinary cause, or the EMT-I, EMT-II, or EMT-P is removed from EMT-related duties for a disciplinary cause after the completion of the employer’s investigation. The employer of an EMT-P shall provide the regulating entity with all supporting documentation at the time of notification. -(C) At the conclusion of an investigation, the employer may develop and implement, in accordance with the guidelines for disciplinary orders, temporary suspensions, and conditions of probation adopted pursuant to Section 1797.184, a disciplinary plan for the EMT-I, EMT-II, or EMT-P. Upon adoption of the disciplinary plan, the employer shall submit that plan to the regulating entity within three working days. The employer’s disciplinary plan may include a recommendation that the director consider taking action against the holder’s certificate or license pursuant to paragraph (3). -(2) If an EMT-I, EMT-II, or EMT-P is not employed by an ambulance service licensed by the Department of the California Highway Patrol or a public safety agency, or if that ambulance service or public safety agency chooses not to conduct an investigation pursuant to paragraph (1) for conduct in violation of subdivision (c), the director shall conduct the investigations, and, upon a determination of disciplinary cause, take disciplinary action as necessary against the EMT-I, EMT-II, or EMT-P. At the conclusion of these investigations, the director shall develop and implement, in accordance with the recommended guidelines for disciplinary orders, temporary orders, and conditions of probation adopted pursuant to Section 1797.184, a disciplinary plan for the EMT-I, EMT-II, or EMT-P. The director’s disciplinary plan may include action against the holder’s certificate or license pursuant to paragraph (3). -(3) The director may, upon a determination of disciplinary cause and in accordance with regulations for disciplinary processes adopted pursuant to Section 1797.184, deny, suspend, or revoke any EMT-I or EMT-II certificate or EMT-P license issued under this division, or may place an EMT-I or EMT-II certificate holder or EMT-P licenseholder on probation, upon the finding by the director of the occurrence of any of the actions listed in subdivision (c) and the occurrence of one of the following: -(A) The employer, after conducting an investigation, failed to impose discipline for the conduct under investigation, or the director makes a determination that the discipline imposed was not according to the guidelines for disciplinary orders and conditions of probation and the conduct of the EMT-I or EMT-II certificate holder or EMT-P licenseholder constitutes grounds for disciplinary action against the holder’s certificate or license. -(B) Either the employer further determines, after an investigation conducted under paragraph (1), or the director determines after an investigation conducted under paragraph (2), that the conduct requires disciplinary action against the holder’s certificate or license. -(4) The director, after consultation with the employer, may temporarily suspend, prior to a hearing, an EMT-I or EMT-II certificate, an EMT-P license, or a combination thereof upon a determination that both of the following conditions have been met: -(A) The certificate holder or licenseholder has engaged in acts or omissions that constitute grounds for revocation of the EMT-I or EMT-II certificate or EMT-P license. -(B) Permitting the certificate holder or licenseholder to continue to engage in the regulated activity without restriction would pose an imminent threat to the public health or safety. -(5) If the director temporarily suspends a certificate or license, the regulating entity shall notify the certificate holder or licenseholder that his or her certificate or license is suspended and shall identify the reasons therefor. Within three working days of the initiation of the suspension by the regulating entity, the regulating entity and employer shall jointly investigate the allegation in order for the regulating entity to make a determination of the continuation of the temporary suspension. All investigatory information not otherwise protected by law held by the regulating entity and employer shall be shared between the parties via facsimile transmission or overnight mail relative to the decision to temporarily suspend. The regulating entity shall decide, within 15 calendar days, whether to serve the certificate holder or licenseholder with an accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. If the certificate holder or licenseholder files a notice of defense, the hearing shall be held within 30 days of the regulating entity’s receipt of the notice of defense. The temporary suspension order shall be deemed vacated if the regulating entity fails to make a final determination on the merits within 15 days after the administrative law judge renders the proposed decision. -(6) The director shall refer, for investigation and discipline, any complaint received on an EMT-I, EMT-II, or EMT-P to the relevant employer within three days of receipt of the complaint, pursuant to subparagraph (A) of paragraph (1) of subdivision (a). -(b) For purposes of this section, the following definitions shall apply: -(1) “Director” means either of the following: -(A) For purposes of EMT-I or EMT-II certificate holders, the medical director of the local EMS agency that has -jurisdiction in the county in which the alleged violation occurred. -jurisdiction. -(B) For purposes of EMT-P licenseholders, the Director of the Emergency Medical Services Authority. -(2) “Regulating entity” means either of the following: -(A) For purposes of EMT-I and EMT-II certificate holders, the local EMS agency that has -jurisdiction in the county in which the alleged violation occurred. -jurisdiction. -(B) For purposes of EMT-P licenseholders, the EMS Authority. When requiring a report or notification regarding an EMT-P, “regulating entity” refers to both the local EMS agency that has -jurisdiction in the county in which the alleged violation occurred -jurisdiction -and the EMS Authority. -(c) Any of the following actions shall be considered evidence of a threat to the public health and safety and may result in the denial, suspension, or revocation of a certificate or license issued under this division, or in the placement on probation of a certificate holder or licenseholder under this division: -(1) Fraud in the procurement of any certificate or license under this division. -(2) Gross negligence. -(3) Repeated negligent acts. -(4) Incompetence. -(5) The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, and duties of prehospital personnel. -(6) Conviction of any crime that is substantially related to the qualifications, functions, and duties of prehospital personnel. The record of conviction or a certified copy of the record shall be conclusive evidence of the conviction. -(7) Violating or attempting to violate directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this division or the regulations adopted by the authority pertaining to prehospital personnel. -(8) Violating or attempting to violate any federal or state statute or regulation that regulates narcotics, dangerous drugs, or controlled substances. -(9) Addiction to, the excessive use of, or the misuse of, alcoholic beverages, narcotics, dangerous drugs, or controlled substances. -(10) Functioning outside the supervision of medical control in the field care system operating at the local level, except as authorized by any other license or certification. -(11) Demonstration of irrational behavior or occurrence of a physical disability to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform the duties normally expected may be impaired. -(12) Unprofessional conduct exhibited by any of the following: -(A) The mistreatment or physical abuse of any patient resulting from force in excess of what a reasonable and prudent person trained and acting in a similar capacity while engaged in the performance of his or her duties would use if confronted with a similar circumstance. Nothing in this section shall be deemed to prohibit an EMT-I, EMT-II, or EMT-P from assisting a peace officer, or a peace officer who is acting in the dual capacity of peace officer and EMT-I, EMT-II, or EMT-P, from using that force that is reasonably necessary to effect a lawful arrest or detention. -(B) The failure to maintain confidentiality of patient medical information, except as disclosure is otherwise permitted or required by law in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. -(C) The commission of any sexually related offense specified under Section 290 of the Penal Code. -(d) The information shared among EMT-I, EMT-II, and EMT-P employers, medical directors of local EMS agencies, the authority, and EMT-I and EMT-II certifying entities shall be deemed to be an investigative communication that is exempt from public disclosure as a public record pursuant to subdivision (f) of Section 6254 of the Government Code. A formal disciplinary action against an EMT-I, EMT-II, or EMT-P shall be considered a public record available to the public, unless otherwise protected from disclosure pursuant to state or federal law. -(e) For purposes of this section, “disciplinary cause” means only an action that is substantially related to the qualifications, functions, and duties of an EMT-I, EMT-II, or EMT-P and is evidence of a threat to the public health and safety described in subdivision (c). -(f) The reporting requirements of subdivision (a) do not require or authorize the release of information or records of an EMT-P who is also a peace officer protected by Section 832.7 of the Penal Code. -(g) Proceedings against any EMT-P licenseholder shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. -(h) (1) Pursuant to subdivision (i) of Section 1798.24 of the Civil Code, upon notification to the EMT-P, the EMS Authority may share the results of its investigation pursuant to subdivision (a) with the employer, a prospective employer when requested, in writing, as part of a preemployment background check, or the local EMS agency. -(2) An EMT-P licensee or applicant to whom the information pertains, as set forth in subdivision (a) of Section 1798.24 of the Civil Code, may view the contents of a closed investigation file upon request during the EMS Authority’s regular business hours. -SEC. 3. -Section 1798.201 of the Health and Safety Code is amended to read: -1798.201. -(a) When information comes to the attention of the medical director of the local EMS agency that an EMT-P licenseholder has committed any act or omission that appears to constitute grounds for disciplinary action under this division, the medical director of the local EMS agency may evaluate the information to determine if there is reason to believe that disciplinary action may be necessary. -(b) If the medical director sends a recommendation to the authority for further investigation or discipline of the licenseholder, the medical director shall also notify, within three days, the EMT-P’s employer. The recommendation to the authority and the notification sent to the employer shall include all documentary evidence collected by the medical director in evaluating whether or not to make that recommendation. The recommendation and accompanying evidence shall be deemed in the nature of an investigative communication and be protected by Section 6254 of the Government Code. In deciding what level of disciplinary action is appropriate in the case, the authority shall consult with the medical director of the local EMS agency. -SEC. 4. -Section 1798.202 of the Health and Safety Code is amended to read: -1798.202. -(a) The director of the authority or the medical director of the local EMS agency, after consultation with the relevant employer, may temporarily suspend, prior to hearing, an EMT-P license upon a determination that: (1) the licensee has engaged in acts or omissions that constitute grounds for revocation of the EMT-P license; and (2) permitting the licensee to continue to engage in the licensed activity, or permitting the licensee to continue in the licensed activity without restriction, would present an imminent threat to the public health or safety. When the suspension is initiated by the local EMS agency, subdivision (b) shall apply. When the suspension is initiated by the director of the authority, subdivision (c) shall apply. -(b) The local EMS agency shall notify the licensee that his or her EMT-P license is suspended and shall identify the reasons therefor. Within three working days of the initiation of the suspension by the local EMS agency, the agency shall transmit to the authority and the EMT-P’s employer, via facsimile transmission or overnight mail, all documentary evidence collected by the local EMS agency relative to the decision to temporarily suspend. Within two working days of receipt of the local EMS agency’s documentary evidence, the director of the authority shall determine the need for the licensure action. Part of that determination shall include an evaluation of the need for continuance of the suspension during the licensure action review process. If the director of the authority determines that the temporary suspension order should not continue, the authority shall immediately notify the licensee and his or her employer that the temporary suspension is lifted. If the director of the authority determines that the temporary suspension order should continue, the authority shall immediately notify the licensee and his or her employer of the decision to continue the temporary suspension and shall, within 15 calendar days of receipt of the EMS agency’s documentary evidence, serve the licensee with a temporary suspension order and accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. -(c) The director of the authority shall initiate a temporary suspension with the filing of a temporary suspension order and accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and shall notify the director of the local EMS agency, and the relevant employer. -(d) If the licensee files a notice of defense, the hearing shall be held within 30 days of the authority’s receipt of the notice of defense. The temporary suspension order shall be deemed vacated if the authority fails to make a final determination on the merits within 15 days after the administrative law judge renders the proposed decision. -SEC. 5. -Section 1799.112 of the Health and Safety Code is repealed.","Under existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, the Emergency Medical Services Authority is responsible for establishing training, scope of practice, and continuing education for emergency medical technicians and other prehospital personnel, including Emergency Medical Technician-I (EMT-I), Emergency Medical Technician-II (EMT-II), and Emergency Medical Technician Paramedic (EMT-P) designations. The act authorizes an employer of an EMT-I or EMT-II to conduct investigations and take disciplinary action against an EMT-I or EMT-II who is employed by that employer for specified conduct, and authorizes the authority to, among other things, deny, suspend, or revoke any EMT-P license for the same specified conduct. Existing law requires an EMT-P’s employer to report in writing to the local EMS agency and the authority within 30 days of specified disciplinary action being taken with regard to an EMT-P. -This bill would require the authority to develop and adopt guidelines for disciplinary orders, temporary suspensions, and conditions of probation for EMT-P licenseholders. The bill would also integrate and conform the procedures for investigating misconduct of EMT-P licenseholders with those of EMT-I and EMT-II certificate holders, including requiring notification of disciplinary action with regard to an EMT-P to be given to the local EMS agency and the authority within 3 days. -Existing law authorizes the medical director of the local EMS agency to evaluate information that comes to his or her attention that appears to constitute grounds for disciplinary action against an EMT-P and to make a recommendation to the authority for further investigation or discipline. Existing law also authorizes the temporary suspension, in specified circumstances, of an EMT-P license. -This bill would require the medical director of the local EMS agency, if he or she makes a recommendation to the authority for further investigation or discipline, to notify the EMT-P’s employer within 3 days. The bill would additionally require notification of the EMT-P’s employer when there is a temporary suspension of an EMT-P’s license.","An act to amend Sections 1797.184, 1798.200, 1798.201, and 1798.202 of, and to repeal Section 1799.112 of, the Health and Safety Code, relating to public health." -969,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares that the development of affordable housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 65915.7 of the Government Code, as proposed to be added by this act, shall apply to all cities, including charter cities. -SEC. 2. -Section 65915.7 is added to the Government Code, to read: -65915.7. -(a) When an applicant for approval of a commercial development has entered into an agreement for partnered housing described in subdivision (c) to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city, county, or city and county shall grant to the commercial developer a development bonus as prescribed in subdivision (b).Housing shall be constructed on the site of the commercial development or on a site that is all of the following: -(1) Within the boundaries of the local government. -(2) In close proximity to public amenities including schools and employment centers. -(3) Located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code. -(b) The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the jurisdiction, that may include, but are not limited to, any of the following: -(1) Up to a 20-percent increase in maximum allowable intensity in the General Plan. -(2) Up to a 20-percent increase in maximum allowable floor area ratio. -(3) Up to a 20-percent increase in maximum height requirements. -(4) Up to a 20-percent reduction in minimum parking requirements. -(5) Use of a limited-use/limited-application elevator for upper floor accessibility. -(6) An exception to a zoning ordinance or other land use regulation. -(c) For the purposes of this section, the agreement for partnered housing shall be between the commercial developer and the housing developer, shall identify how the commercial developer will contribute affordable housing, and shall be approved by the city, county, or city and county. -(d) For the purposes of this section, affordable housing may be contributed by the commercial developer in one of the following manners: -(1) The commercial developer may directly build the units. -(2) The commercial developer may donate a portion of the site or property elsewhere to the affordable housing developer for use as a site for affordable housing. -(3) The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project. -(e) For the purposes of this section, subparagraph (A) of paragraph (3) of subdivision (c) of Section 65915 shall apply. -(f) Nothing in this section shall preclude any additional allowances or incentives offered to developers by local governments pursuant to law or regulation. -(g) If the developer of the affordable units does not commence with construction of those units in accordance with timelines ascribed by the agreement described in subdivision (c), the local government may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units. -(h) In order to qualify for a development bonus under this section, a commercial developer shall partner with a housing developer that provides at least 30 percent of the total units for low-income households or at least 15 percent of the total units for very low-income households. -(i) Nothing in this section shall preclude an affordable housing developer from seeking a density bonus, concessions or incentives, waivers or reductions of development standards, or parking ratios under Section 65915. -(j) A development bonus pursuant to this section shall not include a reduction or waiver of the requirements within an ordinance that requires the payment of a fee by a commercial developer for the promotion or provision of affordable housing. -(k) A city or county shall submit to the Department of Housing and Community Development, as part of the annual report required by Section 65400, information describing a commercial development bonus approved pursuant to this section, including the terms of the agreements between the commercial developer and the affordable housing developer, and the developers and the local jurisdiction, and the number of affordable units constructed as part of the agreements. -(l) For purposes of this section, “partner” shall mean formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial development applicant and the affordable housing developer are each partners, members, shareholders or other participants, or a contract or agreement between a commercial development applicant and affordable housing developer for the development of both the commercial and the affordable housing properties. -(m) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","The Planning and Zoning Law requires, when an applicant proposes a housing development within the jurisdiction of the local government, that the city, county, or city and county provide the developer with a density bonus and other incentives or concessions for the production of lower income housing units or for the donation of land within the development if the developer, among other things, agrees to construct a specified percentage of units for very low, low-, or moderate-income households or qualifying residents. -This bill, when an applicant for approval of a commercial development has entered into an agreement for partnered housing with an affordable housing developer to contribute affordable housing through a joint project or 2 separate projects encompassing affordable housing, would, until January 1, 2022, require a city, county, or city and county to grant to the commercial developer a development bonus, as specified. The bill would define the development bonus to mean incentives mutually agreed upon by the developer and the jurisdiction that may include but are not limited to, specified changes in land use requirements. This bill would also require a city or county to submit to the Department of Housing and Community Development information describing an approved commercial development bonus. By increasing the duties of local officials relating to the administration of development bonuses, this bill would create a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add and repeal Section 65915.7 of the Government Code, relating to housing." -970,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 832.19 is added to the Penal Code, to read: -832.19. -(a) (1) If a law enforcement agency, department, or entity that employs peace officers uses body-worn cameras for those officers, the agency, department, or entity shall develop a policy relating to the use of body-worn cameras. -(2) The following definitions shall apply to this section: -(A) “Body-worn camera” means a device attached to the uniform or body of a peace officer that records video, audio, or both, in a digital or analog format. -(B) “Peace officer” means any person designated as a peace officer pursuant to this chapter. -(C) “Serious use of force” means any of the following: -(i) Force resulting in death. -(ii) Force resulting in a loss of consciousness. -(iii) Force resulting in protracted loss, impairment, serious disfigurement, or function of any body part or organ. -(iv) A weapon strike to the head. -(v) Intentional firearm discharge at a person, regardless of injury. -(b) (1) The policy shall allow a peace officer to review his or her body-worn camera video and audio recordings before he or she makes a report, is ordered to give an internal affairs statement, or before any criminal or civil proceeding. -(2) A peace officer is not required to review his or her body-worn camera video and audio recordings before making a report, giving an internal affairs statement, or before any criminal or civil proceeding. -(3) A peace officer involved in an incident involving a serious use of force shall not review his or her body-worn camera recording until accompanied by an assigned independent investigator or a supervisor. The separating and monitoring of the peace officer involved in a serious use of force shall be maintained during the review of the body-worn camera video and audio recordings and this review shall not occur jointly among involved employees. Once the recordings are approved, as to the validity of the body-worn camera recordings and any other relevant recordings are also approved as their validity, an officer may have a legal representative present during the review of the recordings without the independently assigned investigator or supervisor present, before the peace officer makes a report, is ordered to give an internal affairs statement, or before any criminal or civil proceeding. -(4) The policy shall be available to all peace officers in a written form. -(5) The policy shall be available to the public for viewing. -(6) The policy shall prohibit a peace officer from making a video or audio recording in a health facility or medical office when a patient may be in view of the body-worn camera or when a health care practitioner is providing care to an individual. -(c) The policy shall be developed in accordance with the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code) and the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1 of the Government Code). -(d) In developing the policy, law enforcement agencies, departments, or entities are encouraged to include the following in the policy: -(1) The time, place, circumstances, and duration in which the body-worn camera shall be operational. -(2) Which peace officers shall wear the body-worn camera and when they shall wear it. -(3) Prohibitions against the use of body-worn camera equipment and footage in specified circumstances, such as when the peace officer is off-duty. -(4) The type of training and length of training required for body-worn camera usage. -(5) Public notification of field use of body-worn cameras, including the circumstances in which citizens are to be notified that they are being recorded. -(6) The manner in which to document a citizen’s refusal from being recorded under certain circumstances. -(7) The use of body-worn camera video and audio recordings in internal affairs cases. -(8) The use of body-worn camera video and audio recordings in criminal and civil case preparation and testimony. -(9) The transfer and use of body-worn camera video and audio recordings to other law enforcement agencies, including establishing what constitutes a need-to-know basis and what constitutes a right-to-know basis. -(e) A peace officer shall not use a personal device to make an unauthorized recording of the video or audio taken from a body-worn camera. -(f) This section shall not apply to a law enforcement agency, department, or entity that has developed a body-worn camera policy in accordance with the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code) or the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1 of the Government Code) before January 1, 2017. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires law enforcement agencies, departments, or entities to consider specified best practices regarding the downloading and storage of body-worn camera data when establishing policies and procedures for the implementation and operation of a body-worn camera system, such as designating the person responsible for downloading the recorded data from the body-worn camera, and establishing when data should be downloaded to ensure the data is entered into the system in a timely manner and the cameras are properly maintained and ready for the next use. -This bill would require a law enforcement agency, department, or entity, if it employs peace officers and uses body-worn cameras for those officers, to develop a body-worn camera policy. The bill would require the policy to allow a peace officer to review his or her body-worn camera video and audio recordings before making a report, giving an internal affairs statement, or before any criminal or civil proceeding. -The bill would also require the policy to prohibit -a peace officer from making a video or audio recording in a health facility or medical office when a patient may be in view of the body-worn camera or when a health care practitioner is providing care to an individual. -The bill would encourage the law enforcement agency, department, or entity to include specified considerations in the policy, including the time, place, circumstances, and duration in which the body-worn camera is operational. The bill would require the policy to be available to peace officers and to the public for viewing. The bill would prohibit a peace officer from using a personal device to make an unauthorized recording of the video or audio taken from a body-worn camera. The bill would also require a law enforcement agency to have an assigned independent investigator or a supervisor accompany a peace officer involved in an incident involving a serious use of force, as defined, when reviewing the peace officer’s body-worn camera recording. -The bill would provide that its provisions do not apply to a law enforcement agency, department, or entity that has developed a body-worn camera policy, as specified, before January 1, 2017. -Because this bill would impose new duties on the conduct of local law enforcement, it would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 832.19 to the Penal Code, relating to peace officers." -971,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14998.2 of the Government Code is amended to read: -14998.2. -(a) There is in the Governor’s Office of Business and Economic Development, the California Film Commission consisting of 26 members. The Governor shall appoint 13 members, the Senate Committee on Rules shall appoint four members, the Speaker of the Assembly shall appoint four members, and five members shall be ex officio. The members of the commission appointed by the Governor may include representatives of state and local government, motion picture development companies, employee and professional organizations composed of persons employed in the motion picture industry, and other appropriate members of this or related industries. -All members of the commission, except legislators who are appointed either by the Senate Committee on Rules or by the Speaker of the Assembly, shall serve at the pleasure of the appointing authority for a term of two years from the effective date of the appointment. -(b) (1) One of the members appointed by the Senate Committee on Rules shall, and another one may, be a Senator and one of the members appointed by the Speaker of the Assembly shall, and another one may, be a Member of the Assembly. These persons shall be appointed for terms of four years. -(2) Of the legislators appointed to the commission, no more than three legislators from the same political party may be appointed to or serve on the commission at the same time. -(c) Any legislator appointed shall serve as a voting member of the commission, and shall meet with, and participate in the activities of, the commission to the extent that participation is not incompatible with his or her position as a Member of the Legislature, but shall only serve in that capacity while concurrently serving as a Member of the Legislature. Whenever a legislator vacates an office, the appointing power shall appoint another person for a new full term. -(d) Eight of the 13 members appointed by the Governor shall be as follows: -(1) One shall be a member or employee of a union or guild of motion picture artists. -(2) One shall be a member or employee of a union or guild representing motion picture craftsmen, technicians, or photographers. -(3) Two shall be from major motion picture studios. -(4) One shall be a member of the city council or a member of the county board of supervisors of a city or a county with a population of at least two million people. -(5) One shall be a member of the city council or a member of the county board of supervisors of a city or a county with a population of less than two million people. -(6) (A) One shall be an independent filmmaker. -(B) For purposes of this section, “independent filmmaker” means a producer of a film that meets all of the following criteria: -(i) Has a running time of at least 75 minutes. -(ii) Is intended for commercial distribution to a motion picture theater, directly to the home video market, directly to television, or through the Internet. -(iii) Is produced by a company that is not publicly traded and publicly traded companies do not own, directly or indirectly, more than 25 percent of the producing company. -(7) (A) One shall be a member who is an independent commercial producer, or employee of a trade association representing independent commercial producers. -(B) For purposes of this section, “independent commercial producer” means a producer who owns or is employed by a company that is principally engaged in the physical or digital production of advertising content for advertisers, has control over the selection of production location, deployment, or management of the production equipment, and directly employs the production crew as the person that has control over the hiring and firing of the crew for a commercial production. The company shall not be wholly or partly owned or operated by an advertising agency or an advertiser or be publicly traded. The company shall also not produce any production to which the recordkeeping requirements of Section 2257 of Title 18 of the United States Code apply. -(e) The Director of Transportation shall serve as an ex officio nonvoting member. -(f) The Director of Parks and Recreation shall serve as an ex officio nonvoting member. -(g) The Commissioner of the California Highway Patrol shall serve as an ex officio nonvoting member. -(h) The State Fire Marshal shall serve as an ex officio nonvoting member. -(i) The director of the commission shall serve as an ex officio nonvoting member. -SEC. 2. -Section 14998.4 of the Government Code is amended to read: -14998.4. -(a) The commission shall meet at least quarterly and shall select a chairperson and a vice chairperson from among its members. The vice chairperson shall act as chairperson in the chairperson’s absence. -(b) Each commission member shall serve without compensation but shall be reimbursed for traveling outside the county in which he or she resides to attend meetings. -(c) The commission shall work to encourage motion picture and television filming in California and to that end, shall exercise all of the powers provided in this chapter. -(d) The commission shall make recommendations to the Legislature, the Governor, the Governor’s Office of Business and Economic Development, and other state agencies on legislative or administrative actions that may be necessary or helpful to maintain and improve the position of the state’s motion picture industry in the national and world markets. -(e) In addition, subject to the provision of funding appropriated for these purposes, the commission shall do all of the following: -(1) Adopt guidelines for a standardized permit to be used by state agencies and the director. -(2) Approve or modify the marketing and promotion plan developed by the director pursuant to subdivision (d) of Section 14998.9 to promote filmmaking in the state. -(3) Conduct workshops and trade shows. -(4) Provide expertise in promotional activities. -(5) Create a navigational link on its Internet Web site labeled “Independent Films.” The navigational link shall contain information explaining the qualified motion picture tax credits available to independent films pursuant to Sections 17053.95 and 23695 of the Revenue and Taxation Code. The navigational link shall also contain information relating to the application process and shall highlight that the commission is required to allocate 5 percent of the aggregate amount of credits to independent films. -(6) Hold hearings. -(7) Adopt its own operational rules and procedures. -(8) Counsel the Legislature and the Governor on issues relating to the motion picture industry.","Existing law, the Motion Picture, Television, and Commercial Industries Act of 1984, establishes the California Film Commission within the Governor’s Office of Business and Economic Development. Under existing law, the Governor appoints 13 of the 26 members of the commission, with 6 of those appointments based upon specified occupational criteria. Existing law requires the commission to, among other duties, adopt guidelines for a standardized film permit and to administer the qualified motion picture tax credits. -This bill would require one of the Governor’s appointees to be an independent filmmaker and would also require one of the Governor’s appointees to be a member who is an independent commercial producer, or an employee of a trade association representing independent commercial producers. The bill would also require the commission to create on its Internet Web site a navigational link labeled “Independent Films” that contains information explaining the qualified motion picture tax credits available to independent films and highlights the required allocation of 5% of the aggregate amount of the credits to independent films.","An act to amend Sections 14998.2 and 14998.4 of the Government Code, relating to the California Film Commission." -972,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 52.6 of the Civil Code is amended to read: -52.6. -(a) Each of the following businesses and other establishments shall, upon the availability of the model notice described in subdivision (d), post a notice that complies with the requirements of this section in a conspicuous place near the public entrance of the establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted: -(1) On-sale general public premises licensees under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code). -(2) Adult or sexually oriented businesses, as defined in subdivision (a) of Section 318.5 of the Penal Code. -(3) Primary airports, as defined in Section 47102(16) of Title 49 of the United States Code. -(4) Intercity passenger rail or light rail stations. -(5) Bus stations. -(6) Truck stops. For purposes of this section, “truck stop” means a privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and lawful overnight truck parking. -(7) Emergency rooms within general acute care hospitals. -(8) Urgent care centers. -(9) Farm labor contractors, as defined in subdivision (b) of Section 1682 of the Labor Code. -(10) Privately operated job recruitment centers. -(11) Roadside rest areas. -(12) Businesses or establishments that offer massage or bodywork services for compensation and are not described in paragraph (1) of subdivision (b) of Section 4612 of the Business and Professions Code. -(b) The notice to be posted pursuant to subdivision (a) shall be at least eight and one-half inches by 11 inches in size, written in a 16-point font, and shall state the following: -“If you or someone you know is being forced to engage in any activity and cannot leave—whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity—call the National Human Trafficking Resource Center at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services. - -Victims of slavery and human trafficking are protected under United States and California law. - -The hotlines are: -· -Available 24 hours a day, 7 days a week. -· -Toll-free. -· -Operated by nonprofit, nongovernmental organizations. -· -Anonymous and confidential. -· -Accessible in more than 160 languages. -· -Able to provide help, referral to services, training, and general information.” -(c) The notice to be posted pursuant to subdivision (a) shall be printed in English, Spanish, and in one other language that is the most widely spoken language in the county where the establishment is located and for which translation is mandated by the federal Voting Rights Act (42 U.S.C. Sec. 1973 et seq.), as applicable. This section does not require a business or other establishment in a county where a language other than English or Spanish is the most widely spoken language to print the notice in more than one language in addition to English and Spanish. -(d) On or before April 1, 2013, the Department of Justice shall develop a model notice that complies with the requirements of this section and make the model notice available for download on the department’s Internet Web site. -(e) A business or establishment that fails to comply with the requirements of this section is liable for a civil penalty of five hundred dollars ($500) for a first offense and one thousand dollars ($1,000) for each subsequent offense. A government entity identified in Section 17204 of the Business and Professions Code may bring an action to impose a civil penalty pursuant to this subdivision against a business or establishment if a local or state agency with authority to regulate that business or establishment has satisfied both of the following: -(1) Provided the business or establishment with reasonable notice of noncompliance, which informs the business or establishment that it is subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the business or establishment. -(2) Verified that the violation was not corrected within the 30-day period described in paragraph (1). -(f) (1) A hotel or motel that provides lodging services in the state shall train its employees who are likely to interact or come into contact with victims of human trafficking in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. The training shall follow the Department of Justice guidelines established pursuant to paragraph (2). -(2) By July 1, 2017, the Department of Justice shall develop guidelines for training employees to be used by a hotel or motel described in paragraph (1) and shall post them on its Internet Web site. The guidelines shall include, but are not limited to, all of the following: -(A) An overview of human trafficking, including the experience of its victims, how and why it takes place in the hospitality industry, and how it is defined under state and federal law. -(B) How to identify signs of human trafficking. -(C) How to report signs and incidences of human trafficking. -(D) The risks human trafficking can pose to the hotel or motel. -(3) By January 1, 2018, the training required by paragraph (1): -(A) -Shall be incorporated into the initial training process for all new employees who are likely to interact or come into contact with victims of human trafficking. -(B) -Shall be given to all employees who did not receive an initial training required by subparagraph (A) and who are likely to interact or come into contact with victims of human trafficking. -(4) For the purposes of the training requirements of this subdivision, “offense” means each incident identified in the notice of noncompliance issued to an employer or business by a government entity without reference to any particular number of employees involved. -SECTION 1. -Section 2810.7 is added to the -Labor Code -, to read: -2810.7. -(a)A hotel or motel that provides lodging services in the state shall train its employees, who are likely to interact or come into contact with victims of human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. -(b)The training shall include, but not be limited to, all of the following: -(1)An overview of human trafficking, including the experience of its victims, how and why it takes place in the hospitality industry, and how it is defined under state and federal law. -(2)How to identify signs of human trafficking. -(3)How to report signs and incidences of human trafficking. -(4)The risks human trafficking can pose to the hotel or motel. -(c)By January 1, 2018, the training required by this section shall be incorporated into the initial training process for all new employees who are likely to interact or come into contact with victims of human trafficking. -(d)By January 1, 2018, the training required by this section shall be given to all existing employees who are likely to interact or come into contact with victims of human trafficking.","Existing law -establishes the Division of Labor Standards Enforcement in the Department of Industrial Relations for the enforcement of labor laws, and establishes certain obligations on an employer, including requiring an employer to post specified wage and hour information in a location where it can be viewed by employees. -requires certain business establishments to post a notice in a conspicuous place, as specified, regarding human trafficking. Existing law prescribes a civil penalty for a failure to comply with these requirements of $500 for a first offense and $1,000 for each subsequent offense. -Under existing law, any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of the crime of human trafficking. -This bill would require a hotel or motel that provides lodging services in the state to train -its employees, -employees -who are likely to interact or come into contact with victims of human -trafficking, -trafficking -in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency, as specified. The bill would require that, by January 1, 2018, the training be incorporated into the initial training process for all new employees and that -all existing -employees -who do not receive an initial training also -receive the training. -The bill would require the Department of Justice to, by July 1, 2017, develop guidelines for the training and to post them on its Internet Web site. The bill would define an offense in this context, with regard to the civil penalty provisions described above.","An act to -add Section 2810.7 to the Labor Code, relating to employment. -amend Section 52.6 of the Civil Code, relating to human trafficking." -973,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 130246 is added to the Public Utilities Code, to read: -130246. -The Riverside County Transportation Commission may enter into contracts with private vendors for the performance of the following services: -(a) Enforcement of parking regulations adopted by the commission. Parking enforcement shall be performed in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. -(b) Removal of vehicles parked in violation of a parking regulation adopted by the commission. Removal of vehicles shall be performed in the manner provided in Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code. -SEC. 2. -Section 21113 of the Vehicle Code is amended to read: -21113. -(a) (1) Except as provided in paragraph (2), a person shall not drive a vehicle or animal, or stop, park, or leave standing a vehicle or animal, whether attended or unattended, upon the driveways, paths, parking facilities, or the grounds of any of the following: -(A) A public school, state university, state college, or an educational institution exempted, in whole or in part, from taxation. -(B) A unit of the state park system. -(C) A county park. -(D) A municipal airport. -(E) A rapid transit district, transit development board, transit district, public transportation agency, county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or a joint powers agency operating or managing a commuter rail system. -(F) Any property under the direct control of the legislative body of a municipality. -(G) A state, county, or hospital district institution or building. -(H) Any harbor improvement district or harbor district formed pursuant to Part 2 (commencing with Section 5800) or Part 3 (commencing with Section 6000) of Division 8 of the Harbors and Navigation Code. -(I) A district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code. -(J) State grounds served by the Department of the California Highway Patrol. -(K) Any property under the possession or control of a housing authority formed pursuant to Article 2 (commencing with Section 34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code. -(2) The activities described in paragraph (1) may be performed with the permission of, and upon and subject to any condition or regulation that may be imposed by, the legislative body of the municipality, or the governing board or officer of the public school, state university, state college, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission, joint powers agency operating or managing a commuter rail system, or state, county, or hospital district institution or building, or educational institution, or harbor district, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or housing authority, or the Director of Parks and Recreation regarding units of the state park system or the state agency with jurisdiction over the grounds served by the Department of the California Highway Patrol. -(b) A governing board, legislative body, or officer shall erect or place appropriate signs giving notice of any special conditions or regulations that are imposed under this section and the governing board, legislative body, or officer shall also prepare and keep available at the principal administrative office of the governing board, legislative body, or officer, for examination by all interested persons, a written statement of all those special conditions and regulations adopted pursuant to this section. -(c) When a governing board, legislative body, or officer permits public traffic upon the driveways, paths, parking facilities, or grounds under their control then, except for those conditions imposed or regulations enacted by the governing board, legislative body, or officer applicable to the traffic, all the provisions of this code relating to traffic upon the highways shall be applicable to the traffic upon the driveways, paths, parking facilities, or grounds. -(d) A public transportation agency that imposes any condition or regulation upon a person who parks or leaves standing a vehicle, pursuant to subdivision (a), is authorized to do either of the following: -(1) Enforce that condition or regulation in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of this code. The public transportation agency shall be considered the issuing agency for that purpose. -(2) Designate regularly employed and salaried employees, who are engaged in directing traffic or enforcing parking laws and regulations, for the purpose of removing any vehicle in the same manner as a city, county, or jurisdiction of a state agency pursuant to Chapter 10 (commencing with Section 22650) of Division 11 of this code. -(e) With respect to the permitted use of vehicles or animals on property under the direct control of the legislative body of a municipality, no change in the use of vehicles or animals on the property, that had been permitted on January 1, 1976, shall be effective unless and until the legislative body, at a meeting open to the general public, determines that the use of vehicles or animals on the property should be prohibited or regulated. -(f) A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on property under the control of, or any portion of property used by, the board. -(g) A public agency, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, may adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency. -(h) “Housing authority,” for the purposes of this section, means a housing authority located within a county with a population of over 6,000,000 people, and any other housing authority that complies with the requirements of this section. -(i) “Public transportation agency,” for purposes of this section, means a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of the California Constitution or a county transportation commission created pursuant to Section 130050 of the Public Utilities Code.","Existing law establishes county transportation commissions in Los Angeles, Orange, Riverside, San Bernardino, and Ventura counties for the coordination of public transportation services and the performance of various transportation planning activities. Existing law authorizes each commission to make contracts of any nature whatsoever, including to employ labor. -This bill would authorize the Riverside County Transportation Commission to enter into contracts with private vendors for the enforcement of parking regulations and the removal of vehicles parked in violation of parking regulations adopted by the commission. -Existing law prohibits a person from driving or parking a vehicle or animal upon the driveways, paths, parking facilities, or grounds of specified public entities, including a public transportation agency and a county transportation commission, except with the permission of, and subject to any condition or regulation that may be imposed by, the governing body of the specified public entity. Existing law defines “public transportation agency” for these purposes. -This bill would revise the definition of “public transportation agency” to include a county transportation commission.","An act to add Section 130246 to the Public Utilities Code, and to amend Section 21113 of the Vehicle Code, relating to parking." -974,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12811 of the Vehicle Code is amended to read: -12811. -(a) (1) (A) When the department determines that the applicant is lawfully entitled to a license, the department shall issue to the person a driver’s license as applied for. The license shall state the class of license for which the licensee has qualified and shall contain the distinguishing number assigned to the applicant, the date of expiration, the true full name, age, and mailing address of the licensee, a brief description and engraved picture or photograph of the licensee for the purpose of identification, and space for the signature of the licensee. -(B) Each license shall also contain a space for the endorsement of a record of each suspension or revocation of the license. -(C) The department shall use whatever process or processes, in the issuance of engraved or colored licenses, that prohibit, as near as possible, the ability to alter or reproduce the license, or prohibit the ability to superimpose a picture or photograph on the license without ready detection. -(2) In addition to the requirements of paragraph (1), a license issued to a person under 18 years of age shall display the words “provisional until age 18.” -(b) (1) On and after July 1, 2011, an application for an original or renewal driver’s license or identification card shall contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry. The application shall include check boxes for an applicant to mark either (A) Yes, add my name to the donor registry or (B) I do not wish to register at this time. -(2) The department shall inquire verbally of an applicant applying in person for an original or renewal driver’s license or identification card at a department office as to whether the applicant wishes to enroll in the Donate Life California Organ and Tissue Donor Registry. Failure or refusal to answer this question or check a box on the application form shall not be a basis for the department to deny an applicant a driver’s license or identification card. -(3) The following language shall be included with the question required by paragraph (1): - - -“Marking ‘Yes’ adds your name to the Donate Life California Organ and Tissue Donor Registry and a pink ‘donor’ dot will appear on your license. If you wish to remove your name from the registry you must contact Donate Life California (see back); DMV can remove the pink dot from your licenses but cannot remove you from the registry.” - - -(4) The back of the application shall contain the following statement: - - -“If, on the front of this form, you marked ‘Yes’ to register as an organ and tissue donor you are legally authorizing the recovery of organs and tissues in the event of your death. Registering as a donor will not affect your medical treatment in any way. As outlined in the California Anatomical Gift Act, your authorization is legally binding and, unless the donor is under 18 years of age, your decision does not require the consent of any other person. For registered donors under 18 years of age, the legal guardian shall make the final donation decision. You may limit your donation to specific organs or tissues, place usage restrictions, for example transplantation or research, obtain more information about donation, or remove your name from the registry on the Internet Web site of Donate Life California: www.donateLIFEcalifornia.org.” - - -(5) Notwithstanding any other law, a person under 18 years of age may register as a donor. However, the legal guardian of that person shall make the final decision regarding the donation. -(6) The department shall collect donor designation information on all applications for an original or renewal driver’s license or identification card. -(7) The department shall print the word “DONOR” or another appropriate designation on the face of a driver’s license or identification card to a person who has indicated on the application his or her intent to enroll in the organ donation program pursuant to this section. -(8) On a weekly basis, the department shall electronically transmit to Donate Life California, a nonprofit organization established and designated as the California Organ and Tissue Donor Registrar pursuant to Section 7150.90 of the Health and Safety Code, all of the following information from every application that indicates the applicant’s decision to enroll in the organ donation program: -(A) His or her true full name. -(B) His or her residence or mailing address. -(C) His or her year of birth. -(D) His or her California driver’s license number or identification card number. -(9) (A) A person who applies for an original or renewal driver’s license or identification card may designate a voluntary contribution of two dollars ($2) for the purpose of promoting and supporting organ and tissue donation. This contribution shall be collected by the department, and treated as a voluntary contribution to Donate Life California and not as a fee for the issuance of a driver’s license or identification card. -(B) The department may use the donations collected pursuant to this paragraph to cover its actual administrative costs incurred pursuant to paragraphs (6) to (8), inclusive. The department shall deposit all revenue derived pursuant to this paragraph and remaining after the department’s deduction for administrative costs in the Donate Life California Trust Subaccount, that is hereby created in the Motor Vehicle Account in the State Transportation Fund. Notwithstanding Section 13340 of the Government Code, all revenue in this subaccount is continuously appropriated, without regard to fiscal years, to the Controller for allocation to Donate Life California and shall be expended for the purpose of increasing participation in organ donation programs. -(C) The department shall transmit to the Donate Life California Organ and Tissue Donor Registry and the appropriate policy and fiscal committees of the Legislature an annual report, and shall make available quarterly updates, detailing funds collected through voluntary contributions as well as a summary of applicants, including all of the following nonidentifiable information: -(i) Date of application. -(ii) Method of application (field office, online, or mail). -(iii) Donor registration status. -(iv) ZIP Code. -(v) Gender. -(vi) Year of birth. -(D) (i) The annual report to be submitted to the appropriate policy and fiscal committees of the Legislature pursuant to subparagraph (C) shall be submitted in compliance with Section 9795 of the Government Code. -(ii) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting the annual report to the appropriate policy and fiscal committees of the Legislature imposed under subparagraph (C) is inoperative four years after the date the first annual report is due. -(10) The enrollment form shall be posted on the Internet Web sites for the department and the California Health and Human Services Agency. -(11) The enrollment shall constitute a legal document pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code) and shall remain binding after the donor’s death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (5) of subdivision (b), the donation does not require the consent of any other person. -(12) Donate Life California shall ensure that all additions and deletions to the California Organ and Tissue Donor Registry, established pursuant to Section 7150.90 of the Health and Safety Code, shall occur within 30 days of receipt. -(13) Information obtained by Donate Life California for the purposes of this subdivision shall be used for these purposes only and shall not be disseminated further by Donate Life California. -(c) (1) All applications for a driver’s license or identification card shall contain a space for an applicant to indicate whether he or she has served in the Armed Forces of the United States and to give his or her consent to be contacted regarding eligibility to receive state or federal veterans benefits. The application shall contain the following statement: - - -“By marking the veteran box on this application, I certify that I am a veteran of the United States Armed Forces and that I want to receive veterans benefits information from the California Department of Veterans Affairs. By marking the veteran box on this application, I also consent to DMV transmitting my name and mailing address to the California Department of Veterans Affairs for this purpose only, and I certify that I have been notified that this transmittal will occur.” - - -(2) The department shall collect the information obtained pursuant to paragraph (1). -(3) As mutually agreed between the department and the Department of Veterans Affairs, the department shall electronically transmit to the Department of Veterans Affairs the following information on each applicant who has identified that he or she has served in the Armed Forces of the United States since the last data transfer and has consented to be contacted about veterans benefits: -(A) His or her true full name. -(B) His or her mailing address. -(4) Information obtained by the Department of Veterans Affairs for the purposes of this subdivision shall be used for the purpose of assisting individuals to access veterans benefits and shall not be disseminated except as needed for this purpose. -(5) Commencing November 11, 2015, an in-person application for a driver’s license or identification card shall allow an applicant to request the word “VETERAN” be printed on the face of the driver’s license or identification card. A verification form shall be developed by the Department of Veterans Affairs in consultation with the Department of Motor Vehicles and the California Association of County Veterans Service Officers to acknowledge verification of veteran status. A county veterans service office shall verify the veteran’s status as a veteran, sign the verification form, and return it to the veteran. The Department of Motor Vehicles shall accept the signed verification form as proof of veteran status. -Upon payment of the fee required pursuant to Section 14901.1, the -The -word “VETERAN” shall be printed on the face of a driver’s license or identification card, in a location determined by the department, and issued to a person who makes this request and presents the verification form to the department. -(d) A public entity or employee shall not be liable for loss, detriment, or injury resulting directly or indirectly from false or inaccurate information contained in the form provided pursuant to subdivision (b). -(e) A contract shall not be awarded to a nongovernmental entity for the processing of driver’s licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual. -SEC. 2. -Section 14901.1 of the Vehicle Code is repealed. -14901.1. -In addition to the fees required by Section 14900, 14900.1, or 14902, the department shall charge a one-time fee of five dollars ($5) to any person who requests, pursuant to paragraph (5) of subdivision (c) of Section 12811, that the person’s driver’s license or identification card be printed with the word “VETERAN” to indicate that the person has served in the United States Armed Forces. The department may increase the fee by regulation, in an amount not to exceed fifteen dollars ($15), to reimburse the department for its reasonable costs in processing and issuing a request for a license or card issued pursuant to paragraph (5) of subdivision (c) of Section 12811.","Existing law requires the Department of Motor Vehicles to issue a driver’s license to an applicant when the department determines that the applicant is lawfully entitled to a license. -Existing law allows an applicant for a driver’s license or identification card to request the word “VETERAN” be printed on the face of the driver’s license or identification card, subject to certain requirements, including, among others, payment of an additional $5 fee. -This bill would -make a technical, nonsubstantive change to those provisions. -repeal the $5 fee requirement and make additional conforming changes.","An act to amend Section 12811 -of -of, and to repeal Section 14901.1 of, -the Vehicle Code, relating to driver’s licenses." -975,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 8332 of the Government Code is amended to read: -8332. -It is the intent of the Legislature that this chapter does not apply to the Reporting of Improper Governmental Activities Act (Article 3 (commencing with Section 8547) of Chapter 6.5) or the procedures established to investigate civilians’ complaints against peace officers as required by Section 832.5 of the Penal Code. -SEC. 2. -Section 148.6 of the Penal Code is amended to read: -148.6. -(a) (1) Every person who files any allegation of misconduct against any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, knowing the allegation to be false, is guilty of a misdemeanor. -(2) A law enforcement agency accepting an allegation of misconduct against a peace officer shall require the complainant to read and sign the following advisory, all in boldface type: -YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER POLICE CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO INVESTIGATE CIVILIANS’ COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED IMPROPERLY. CIVILIAN COMPLAINTS AND ANY REPORTS OR FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR AT LEAST FIVE YEARS. -IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW TO BE FALSE. IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS FALSE, YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE. - -I have read and understood the above statement. -Complainant _____ -(3) The advisory shall be available in multiple languages. -(b) Every person who files a civil claim against a peace officer or a lien against his or her property, knowing the claim or lien to be false and with the intent to harass or dissuade the officer from carrying out his or her official duties, is guilty of a misdemeanor. This section applies only to claims pertaining to actions that arise in the course and scope of the peace officer’s duties. -SEC. 3. -Section 832.18 of the Penal Code is amended to read: -832.18. -(a) It is the intent of the Legislature to establish policies and procedures to address issues related to the downloading and storage data recorded by a body-worn camera worn by a peace officer. These policies and procedures shall be based on best practices. -(b) When establishing policies and procedures for the implementation and operation of a body-worn camera system, law enforcement agencies, departments, or entities shall consider the following best practices regarding the downloading and storage of body-worn camera data: -(1) Designate the person responsible for downloading the recorded data from the body-worn camera. If the storage system does not have automatic downloading capability, the officer’s supervisor should take immediate physical custody of the camera and should be responsible for downloading the data in the case of an incident involving the use of force by an officer, an officer-involved shooting, or other serious incident. -(2) Establish when data should be downloaded to ensure the data is entered into the system in a timely manner, the cameras are properly maintained and ready for the next use, and for purposes of tagging and categorizing the data. -(3) Establish specific measures to prevent data tampering, deleting, and copying, including prohibiting the unauthorized use, duplication, or distribution of body-worn camera data. -(4) Categorize and tag body-worn camera video at the time the data is downloaded and classified according to the type of event or incident captured in the data. -(5) Specifically state the length of time that recorded data is to be stored. -(A) Unless subparagraph (B) or (C) applies, nonevidentiary data including video and audio recorded by a body-worn camera should be retained for a minimum of 60 days, after which it may be erased, destroyed, or recycled. An agency may keep data for more than 60 days to have it available in case of a civilian complaint and to preserve transparency. -(B) Evidentiary data including video and audio recorded by a body-worn camera under this section should be retained for a minimum of two years under any of the following circumstances: -(i) The recording is of an incident involving the use of force by a peace officer or an officer-involved shooting. -(ii) The recording is of an incident that leads to the detention or arrest of an individual. -(iii) The recording is relevant to a formal or informal complaint against a law enforcement officer or a law enforcement agency. -(C) If evidence that may be relevant to a criminal prosecution is obtained from a recording made by a body-worn camera under this section, the law enforcement agency should retain the recording for any time in addition to that specified in paragraphs (A) and (B), and in the same manner as is required by law for other evidence that may be relevant to a criminal prosecution. -(D) In determining a retention schedule, the agency should work with its legal counsel to determine a retention schedule to ensure that storage policies and practices are in compliance with all relevant laws and adequately preserve evidentiary chains of custody. -(E) Records or logs of access and deletion of data from body-worn cameras should be retained permanently. -(6) State where the body-worn camera data will be stored, including, for example, an in-house server which is managed internally, or an online cloud database which is managed by a third-party vendor. -(7) If using a third-party vendor to manage the data storage system, the following factors should be considered to protect the security and integrity of the data: -(A) Using an experienced and reputable third-party vendor. -(B) Entering into contracts that govern the vendor relationship and protect the agency’s data. -(C) Using a system that has a built-in audit trail to prevent data tampering and unauthorized access. -(D) Using a system that has a reliable method for automatically backing up data for storage. -(E) Consulting with internal legal counsel to ensure the method of data storage meets legal requirements for chain-of-custody concerns. -(F) Using a system that includes technical assistance capabilities. -(8) Require that all recorded data from body-worn cameras are property of their respective law enforcement agency and shall not be accessed or released for any unauthorized purpose, explicitly prohibit agency personnel from accessing recorded data for personal use and from uploading recorded data onto public and social media Internet Web sites, and include sanctions for violations of this prohibition. -(c) (1) For purposes of this section, “evidentiary data” refers to data of an incident or encounter that could prove useful for investigative purposes, including, but not limited to, a crime, an arrest or citation, a search, a use of force incident, or a confrontational encounter with a member of the public. The retention period for evidentiary data are subject to state evidentiary laws. -(2) For purposes of this section, “nonevidentiary data” refers to data that does not necessarily have value to aid in an investigation or prosecution, such as data of an incident or encounter that does not lead to an arrest or citation, or data of general activities the officer might perform while on duty. -(d) Nothing in this section shall be interpreted to limit the public’s right to access recorded data under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). -SEC. 4. -Section 13010.5 of the Penal Code is amended to read: -13010.5. -The department shall collect data pertaining to the juvenile justice system for criminal history and statistical purposes. This information shall serve to assist the department in complying with the reporting requirement of paragraphs (3) and (4) of subdivision (a) of Section 13012, measuring the extent of juvenile delinquency, determining the need for and effectiveness of relevant legislation, and identifying long-term trends in juvenile delinquency. Any data collected pursuant to this section may include criminal history information which may be used by the department to comply with the requirements of Section 602.5 of the Welfare and Institutions Code. -SEC. 5. -Section 13012 of the Penal Code is amended to read: -13012. -(a) The annual report of the department provided for in Section 13010 shall contain statistics showing all of the following: -(1) The amount and the types of offenses known to the public authorities. -(2) The personal and social characteristics of criminals and delinquents. -(3) The administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents. -(4) The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies, including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court. -(5) (A) The total number of each of the following: -(i) Civilian complaints received by law enforcement agencies under Section 832.5. -(ii) Civilian complaints alleging criminal conduct of either a felony or misdemeanor. -(iii) Civilian complaints alleging racial or identity profiling, as defined in subdivision (e) of Section 13519.4. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability. -(B) The statistics reported under this paragraph shall provide, for each category of complaint identified under subparagraph (A), the number of complaints within each of the following disposition categories: -(i) “Sustained,” which means that the investigation disclosed sufficient evidence to prove the truth of allegation in the complaint by preponderance of evidence. -(ii) “Exonerated,” which means that the investigation clearly established that the actions of the personnel that formed the basis of the complaint are not a violation of law or agency policy. -(iii) “Not sustained,” which means that the investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation in the complaint. -(iv) “Unfounded,” which means that the investigation clearly established that the allegation is not true. -(C) The reports under subparagraphs (A) and (B) shall be made available to the public and disaggregated for each individual law enforcement agency. -(b) It shall be the duty of the department to give adequate interpretation of the statistics and so to present the information that it may be of value in guiding the policies of the Legislature and of those in charge of the apprehension, prosecution, and treatment of the criminals and delinquents, or concerned with the prevention of crime and delinquency. The report shall also include statistics which are comparable with national uniform criminal statistics published by federal bureaus or departments heretofore mentioned. -(c) Each year, on an annual basis, the Racial and Identity Profiling Board (RIPA), established pursuant to paragraph (1) of subdivision (j) of Section 13519.4, shall analyze the statistics reported pursuant to subparagraphs (A) and (B) of paragraph (5) of subdivision (a) of this section. RIPA’s analysis of the complaints shall be incorporated into its annual report as required by paragraph (3) of subdivision (j) of Section 13519.4. The reports shall not disclose the identity of peace officers. -SEC. 6. -Section 13012.5 of the Penal Code is amended to read: -13012.5. -(a) The annual report published by the department under Section 13010 shall, in regard to the contents required by paragraph (4) of subdivision (a) of Section 13012, include the following statewide information: -(1) The annual number of fitness hearings held in the juvenile courts under Section 707 of the Welfare and Institutions Code, and the outcomes of those hearings including orders to remand to adult criminal court, cross-referenced with information about the age, gender, ethnicity, and offense of the minors whose cases are the subject of those fitness hearings. -(2) The annual number of minors whose cases are filed directly in adult criminal court under Sections 602.5 and 707 of the Welfare and Institutions Code, cross-referenced with information about the age, gender, ethnicity, and offense of the minors whose cases are filed directly to the adult criminal court. -(3) The outcomes of cases involving minors who are prosecuted in adult criminal courts, regardless of how adult court jurisdiction was initiated, including whether the minor was acquitted or convicted, or whether the case was dismissed and returned to juvenile court, including sentencing outcomes, cross-referenced with the age, gender, ethnicity, and offense of the minors subject to these court actions. -(b) The department’s annual report published under Section 13010 shall include the information described in paragraph (4) of subdivision (a) of Section 13012, as further delineated by this section, beginning with the report due on July 1, 2003, for the preceding calendar year. -SEC. 7. -Section 41603 of the Vehicle Code is amended to read: -41603. -No state or local agency employing peace officers or parking enforcement employees engaged in the enforcement of this code shall use the number of arrests or citations issued by a peace officer or parking enforcement employees as the sole criterion for promotion, demotion, dismissal, or the earning of any benefit provided by the agency. Those arrests or citations, and their ultimate dispositions, may only be considered in evaluating the overall performance of a peace officer or parking enforcement employees. An evaluation may include, but shall not be limited to, criteria such as attendance, punctuality, work safety, complaints by civilians, commendations, demeanor, formal training, and professional judgment.","Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of the procedure available to the public. Existing law also refers to these complaints as citizens’ complaints. Existing law sets forth specified policies and procedures relating to citizens’ complaints. Among other things, existing law makes it a misdemeanor to file an allegation of misconduct against a peace officer knowing the allegation to be false. Existing law requires a law enforcement agency accepting an allegation of misconduct against a peace officer to require the complainant to read and sign a specified advisory that describes, generally, the law and procedure governing citizens’ complaints. Existing law also requires the Department of Justice to prepare and present to the Governor, on or before July 1, an annual report containing the criminal statistics of the preceding calendar year, including, among other statistics, the total number of citizen complaints alleging racial or identity profiling, as specified. -This bill would delete references to citizens’ complaints and instead refer to civilians’ complaints.","An act to amend Section 8332 of the Government Code, to amend Sections 148.6, 832.18, 13010.5, 13012, and 13012.5 of the Penal Code, and to amend Section 41603 of the Vehicle Code, relating to public safety." -976,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known and may be cited as the Direct Access to Reproductive Health Care Act. -SEC. 2. -(a) The Legislature hereby finds and declares all of the following: -(1) For many women, reproductive health care may be the only contact they have with the health care system. -(2) According to the Guttmacher Institute, one-half of all pregnancies in the United States each year, more than three million pregnancies, are unintended. By 45 years of age, more than one-half of all women in the United States will have experienced an unintended pregnancy, and 3 in 10 will have had an abortion. -(3) The inability to access comprehensive reproductive health care in a timely manner can lead to negative health outcomes, including increased risk for unintended pregnancy, sexually transmitted diseases, and delayed care for critical and time-sensitive reproductive health services. -(4) Providing timely access to comprehensive reproductive health services is cost effective. -(5) California has a long history of, and commitment to, expanding access to services that aim to reduce the risk of unintended pregnancies, improve reproductive and sexual health outcomes, and reduce costs. -(6) Recognizing the importance of timely access to comprehensive reproductive and sexual health care services, the Legislature and the United States Congress passed measures to enable women to access care provided by an obstetrician and gynecologist without a referral. Despite these advances, there are wide variances in health benefit plans regarding referral requirements for reproductive and sexual health care services, and women across the state are obtaining these vital services from other licensed provider types, including family practice physicians, nurse practitioners, physician assistants, and certified nurse-midwives. -(b) It is hereby the intent of the Legislature in enacting this act to build on current state and federal law to increase timely, equal, and direct access to time-sensitive and comprehensive reproductive and sexual health care services for enrollees in health care service plans or insureds under health insurance policies by prohibiting health care service plans or insurers from requiring an enrollee or insured to secure a referral from a primary care provider prior to receiving in-network reproductive and sexual health care services. -SEC. 3. -Section 1367.31 is added to the Health and Safety Code, to read: -1367.31. -(a) Every health care service plan contract issued, amended, renewed, or delivered on or after January 1, 2017, shall be prohibited from requiring an enrollee to receive a referral prior to receiving coverage or services for reproductive and sexual health care. -(b) (1) For the purposes of this section, “reproductive and sexual health care services” are all reproductive and sexual health services described in Sections 6925, 6926, 6927, and 6928 of the Family Code, or Section 121020 of the Health and Safety Code, obtained by a patient. -(2) For the purposes of this section, “reproductive and sexual health care services” do not include the services subject to a health care service plan’s referral procedures as required by subdivisions (a) and (b) of Section 1374.16. -(3) This section applies whether or not the patient is a minor. -(c) In implementing this section, a health care service plan may establish reasonable provisions governing utilization protocols for obtaining reproductive and sexual health care services, as provided for in subdivision (a), from health care providers participating in, or contracting with, the plan network, medical group, or independent practice association, provided that these provisions shall be consistent with the intent of this section and shall be those customarily applied to other health care providers, such as primary care physicians and surgeons, to whom the enrollee has direct access, and shall not be more restrictive for the provision of reproductive and sexual health care services. An enrollee shall not be required to obtain prior approval from another physician, another provider, or the health care service plan prior to obtaining direct access to reproductive and sexual health care services. A health care service plan may establish reasonable provisions governing communication with the enrollee’s primary care physician and surgeon regarding the enrollee’s condition, treatment, and any need for followup care. -(d) This section shall not apply to a health care service plan contract that does not require enrollees to obtain a referral from their primary care physician prior to seeking covered health care services from a specialist. -(e) A health care service plan shall not impose utilization protocols related to contraceptive drugs, supplies, and devices beyond the provisions outlined in Section 1367.25 of this code or Section 14132 of the Welfare and Institutions Code. -(f) This section shall not apply to specialized health care service plan contracts or any health care service plan that is governed by Section 14131 of the Welfare and Institutions Code. -SEC. 4. -Section 10123.202 is added to the Insurance Code, to read: -10123.202. -(a) Every health insurance policy issued, amended, renewed, or delivered on or after January 1, 2017, excluding specialized health insurance policies, shall be prohibited from requiring an insured to receive a referral prior to receiving coverage or services for reproductive and sexual health care. -(b) (1) For the purposes of this section, “reproductive and sexual health care services” are all reproductive and sexual health services described in Sections 6925, 6926, 6927, and 6928 of the Family Code, or Section 121020 of the Health and Safety Code, obtained by a patient. -(2) This section applies whether or not the patient is a minor. -(c) In implementing this section, a health insurer may establish reasonable provisions governing utilization protocols for obtaining reproductive and sexual health care services, as provided for in subdivision (a), provided that these provisions shall be consistent with the intent of this section and shall be those customarily applied to other health care providers, such as primary care physicians and surgeons, to whom the insured has direct access, and shall not be more restrictive for the provision of reproductive and sexual health care services. An insured shall not be required to obtain prior approval from another physician, another provider, or the insurer prior to obtaining direct access to reproductive and sexual health care services. An insurer may establish reasonable provisions governing communication with the insured’s primary care physician and surgeon regarding the insured’s condition, treatment, and any need for followup care. -(d) This section shall not apply to a health insurance policy that does not require insureds to obtain a referral from their primary care physician prior to seeking covered health care services from a specialist. -(e) A health insurer shall not impose utilization protocols related to contraceptive drugs, supplies, and devices beyond the provisions outlined in Section 10123.196. -(f) This section shall not apply to specialized health insurance, Medicare supplement insurance, short-term limited duration health insurance, CHAMPUS supplement insurance, or TRICARE supplement insurance, or to hospital indemnity, accident-only, or specified disease insurance. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. -This bill would prohibit every health care service plan contract or health insurance policy issued, amended, renewed, or delivered on or after January 1, 2017, with exceptions, from requiring an enrollee or insured to receive a referral in order to receive reproductive or sexual health care services, as provided. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 1367.31 to the Health and Safety Code, and to add Section 10123.202 to the Insurance Code, relating to health care coverage." -977,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 245 of the Penal Code is amended to read: -245. -(a) (1) -Any -A -person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. -(2) -Any -A -person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment. -(3) -Any -A -person who commits an assault upon the person of another with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, shall be punished by imprisonment in the state prison for 4, 8, or 12 years. -(4) -Any -A -person who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. -(b) -Any -A -person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years. -(c) -Any -A -person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace -officer or -officer, -firefighter, -or emergency medical technician, -and who knows or reasonably should know that the victim is a peace -officer or firefighter -officer, firefighter, or emergency medical technician -engaged in the performance of his or her duties, when the peace -officer or firefighter -officer, firefighter, or emergency medical technician -is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years. -(d) (1) -Any -A -person who commits an assault with a firearm upon the person of a peace -officer or -officer, -firefighter, -or emergency medical technician, -and who knows or reasonably should know that the victim is a peace -officer or firefighter -officer, firefighter, or emergency medical technician -engaged in the performance of his or her duties, when the peace -officer or firefighter -officer, firefighter, or emergency medical technician -is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years. -(2) -Any -A -person who commits an assault upon the person of a peace -officer or firefighter -officer, firefighter, or emergency medical technician -with a semiautomatic firearm and who knows or reasonably should know that the victim is a peace -officer or firefighter -officer, firefighter, or emergency medical technician -engaged in the performance of his or her duties, when the peace -officer or firefighter -officer, firefighter, or emergency medical technician -is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for five, seven, or nine years. -(3) -Any -A -person who commits an assault with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, upon the person of a peace -officer or -officer, -firefighter, -or emergency medical technician, -and who knows or reasonably should know that the victim is a peace -officer or firefighter -officer, firefighter, or emergency medical technician -engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for 6, 9, or 12 years. -(e) When a person is convicted of a violation of this section in a case involving use of a deadly weapon or instrument or firearm, and the weapon or instrument or firearm is owned by that person, the court shall order that the weapon or instrument or firearm be deemed a nuisance, and it shall be confiscated and disposed of in the manner provided by Sections 18000 and 18005. -(f) As used in this section, “peace officer” refers to any person designated as a peace officer in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law makes it a crime and specifies terms of imprisonment for assault on a peace officer or firefighter when the person knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties. Existing law specifies various terms of imprisonment depending on whether the assault was committed with a deadly weapon that is not a firearm, a firearm, or one of a specified type of firearm, including machineguns and assault weapons. -This bill would make these provisions applicable to an assault on an emergency medical technician when the person knows or reasonably should know that the person is an emergency medical technician engaged in the performance of his or her duties. By increasing the penalty for a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 245 of the Penal Code, relating to crimes." -978,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 69432 of the Education Code is amended to read: -69432. -(a) Cal Grant Program awards shall be known as “Cal Grant A Entitlement Awards,” “Cal Grant B Entitlement Awards,” “California Community College Transfer Entitlement Awards,” “Competitive Cal Grant A and B Awards,” “Cal Grant C Awards,” and “Cal Grant T Awards.” -(b) Maximum award amounts for students at independent institutions and for Cal Grant C and T awards shall be identified in the annual Budget Act. Maximum award amounts for Cal Grant A and B awards for students attending public institutions shall be referenced in the annual Budget Act. -(c) (1) Notwithstanding subdivision (b), and subdivision (c) of Section 66021.2, commencing with the 2013–14 award year, the maximum tuition award amounts for Cal Grant A and B awards for students attending private for-profit and nonprofit postsecondary educational institutions shall be as follows: -(A) Four thousand dollars ($4,000) for new recipients attending private for-profit postsecondary educational institutions. -(B) For the 2015–16 and 2016–17 award years, nine thousand eighty-four dollars ($9,084) for new recipients attending private nonprofit postsecondary educational institutions. For the 2017–18 award year and each award year thereafter, no less than ten thousand dollars -($10,000) -($10,000), as determined in the annual Budget Act, -for new recipients attending private nonprofit postsecondary educational institutions. -(2) The renewal award amount for a student whose initial award is subject to a maximum award amount specified in this subdivision shall be calculated pursuant to paragraph (2) of subdivision (a) of Section 69433. -(3) Notwithstanding subparagraph (A) of paragraph (1), for the 2017–18 award year and each award year thereafter, the maximum tuition award amounts for new recipients attending private for-profit postsecondary educational institutions that are accredited by the Western Association of Schools and Colleges as of July 1, 2012, shall be eight thousand fifty-six dollars ($8,056). -(d) As a condition for the funding of Cal Grant awards to its students, a private nonprofit postsecondary educational institution shall submit performance metrics to the Association of Independent California Colleges and Universities. The association, in collaboration with the public segments of higher education, shall determine the form and content of these metrics, to ensure data are defined, collected, and reported in a consistent and comparable manner, and to ensure data integrity. The association shall provide that information in a cumulative report generated by the association to the Legislature, the Governor, the Department of Finance, and the Legislative Analyst’s Office on or before March 15, 2017, and on or before March 15 of each year thereafter. The report shall be submitted to the Legislature in compliance with Section 9795 of the Government Code and shall include all of the following data with respect to each participating private nonprofit postsecondary educational institution: -(1) The number of undergraduate students enrolled in that institution. -(2) The percentage of undergraduate students of that institution who are California residents. -(3) The number of graduate students enrolled in that institution. -(4) The number of transfer students from the California Community Colleges enrolled in that institution. -(5) The percentage of undergraduate students of that institution who are transfer students from the California Community Colleges. -(6) The number of Pell Grant recipients enrolled in that institution. -(7) The percentage of undergraduate students of that institution who are Pell Grant recipients. -(8) The number of Cal Grant recipients enrolled in that institution. With respect to those Cal Grant recipients, both of the following shall be included: -(A) Their ethnic composition, expressed in percentages. -(B) The median amount of institutional aid provided to them. -(9) The percentage of undergraduate students of that institution who are Cal Grant recipients. -(10) The four- and six-year graduation rates for freshman entrants of that institution disaggregated by both of the following: -(A) Pell Grant recipients. -(B) Cal Grant recipients. -(11) The two- and three-year graduation rates for transfer students from the California Community Colleges disaggregated by both of the following: -(A) Pell Grant recipients. -(B) Cal Grant recipients. -(12) The number of degrees awarded annually by the institution in total and in each of the following categories: -(A) Undergraduate students who first enrolled in the institution as freshmen. -(B) Undergraduate students who first enrolled in the institution as transfer students. -(C) Graduate students. -(D) Pell Grant recipients. -(E) The number of degrees or credentials awarded in health-related fields, teacher preparation, and the fields of science, technology, engineering, and mathematics (STEM). -(e) The collection, reporting, and housing of data for the report prepared pursuant to subdivision (d) shall be conducted both in a manner that ensures data integrity and security and that is in conformance with any federal and state laws on the confidentiality of student information.","Existing law, known as the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes the Cal Grant A and B entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. -Existing law establishes the maximum tuition award amount for each Cal Grant A and B award for new recipient students attending private nonprofit postsecondary educational institutions at $9,084 for the 2015–16 and 2016–17 award years and $8,056 for the 2017–18 award year and each award year thereafter. Existing law also establishes these amounts as the maximum tuition award amounts for new recipients attending private for-profit postsecondary educational institutions that are accredited, as specified. -This bill would instead increase the maximum tuition award amount for Cal Grant A and B awards for new recipients at private nonprofit postsecondary educational institutions to no less than $10,000 for the 2017–18 award year and each award year thereafter. For these award years, the maximum tuition award amounts would remain at $8,056 for new recipients attending accredited private for-profit postsecondary educational institutions as referred to above. -The bill would impose requirements on private nonprofit postsecondary educational institutions to provide specified data to a specified association as a condition for the funding of Cal Grant awards to their students and would require the association to report on that information to the Legislature, the Governor, the Department of Finance, and the Legislative Analyst’s Office.","An act to amend Section 69432 of the Education Code, relating to student financial aid." -979,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1369 of the Penal Code is amended to read: -1369. -Except as stated in subdivision (g), a trial by court or jury of the question of mental competence shall proceed in the following order: -(a) The court shall appoint a psychiatrist or licensed psychologist, and any other expert the court may deem appropriate, to examine the defendant. In any case where the defendant or the defendant’s counsel informs the court that the defendant is not seeking a finding of mental incompetence, the court shall appoint two psychiatrists, licensed psychologists, or a combination thereof. One of the psychiatrists or licensed psychologists may be named by the defense and one may be named by the prosecution. The examining psychiatrists or licensed psychologists shall evaluate the nature of the defendant’s mental disorder, if any, the defendant’s ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental disorder and, if within the scope of their licenses and appropriate to their opinions, whether or not treatment with antipsychotic medication is medically appropriate for the defendant and whether antipsychotic medication is likely to restore the defendant to mental competence. If an examining psychologist is of the opinion that antipsychotic medication may be medically appropriate for the defendant and that the defendant should be evaluated by a psychiatrist to determine if antipsychotic medication is medically appropriate, the psychologist shall inform the court of this opinion and his or her recommendation as to whether a psychiatrist should examine the defendant. The examining psychiatrists or licensed psychologists shall also address the issues of whether the defendant has capacity to make decisions regarding antipsychotic medication and whether the defendant is a danger to self or others. If the defendant is examined by a psychiatrist and the psychiatrist forms an opinion as to whether or not treatment with antipsychotic medication is medically appropriate, the psychiatrist shall inform the court of his or her opinions as to the likely or potential side effects of the medication, the expected efficacy of the medication, possible alternative treatments, and whether it is medically appropriate to administer antipsychotic medication in the county jail. If it is suspected the defendant is developmentally disabled, the court shall appoint the director of the regional center for the developmentally disabled established under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code, or the designee of the director, to examine the defendant. The court may order the developmentally disabled defendant to be confined for examination in a residential facility or state hospital. -The regional center director shall recommend to the court a suitable residential facility or state hospital. Prior to issuing an order pursuant to this section, the court shall consider the recommendation of the regional center director. While the person is confined pursuant to order of the court under this section, he or she shall be provided with necessary care and treatment. -(b) (1) The counsel for the defendant shall offer evidence in support of the allegation of mental incompetence. -(2) If the defense declines to offer any evidence in support of the allegation of mental incompetence, the prosecution may do so. -(c) The prosecution shall present its case regarding the issue of the defendant’s present mental competence. -(d) Each party may offer rebutting testimony, unless the court, for good reason in furtherance of justice, also permits other evidence in support of the original contention. -(e) When the evidence is concluded, unless the case is submitted without final argument, the prosecution shall make its final argument and the defense shall conclude with its final argument to the court or jury. -(f) In a jury trial, the court shall charge the jury, instructing them on all matters of law necessary for the rendering of a verdict. It shall be presumed that the defendant is mentally competent unless it is proved by a preponderance of the evidence that the defendant is mentally incompetent. The verdict of the jury shall be unanimous. -(g) Only a court trial is required to determine competency in any proceeding for a violation of probation, mandatory supervision, postrelease community supervision, or parole. -(h) (1) The State Department of State Hospitals shall, on or before July 1, 2017, adopt guidelines for education and training standards for a psychiatrist or licensed psychologist to be considered for appointment by the court pursuant to this section. To develop these guidelines, the State Department of State Hospitals shall convene a workgroup comprised of the Judicial Council and groups or individuals representing judges, defense counsel, district attorneys, counties, advocates for people with developmental and mental disabilities, state psychologists and psychiatrists, professional associations and accrediting bodies for psychologists and psychiatrists, and other interested stakeholders. -(2) When making appointments pursuant to this section, the court shall appoint experts who meet the guidelines established in accordance with this subdivision or experts with equivalent experience and skills. If there is no reasonably available expert who meets the guidelines or who has equivalent experience and skills, the court shall have the discretion to appoint an expert who does not meet the guidelines.","Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant’s mental competency is evaluated, which includes requiring the court to appoint a psychiatrist or licensed psychologist, and any other expert the court may deem appropriate. -This bill would, on or before July 1, 2017, require the State Department of State Hospitals, through the use of a workgroup representing specified groups, to adopt guidelines for education and training standards for a psychiatrist or licensed psychologist to be considered for appointment by the court. The bill would provide that if there is no reasonably available expert who meets the guidelines, the court shall have discretion to appoint an expert who does not meet the guidelines.","An act to amend Section 1369 of the Penal Code, relating to criminal procedure." -980,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 51504 of the Health and Safety Code is amended to read: -51504. -(a) The agency shall administer a downpayment assistance program that includes, but is not limited to, all of the following: -(1) Downpayment assistance shall include, but not be limited to, a deferred-payment, low-interest, junior mortgage loan to reduce the principal and interest payments and make financing affordable to first-time low- and moderate-income home buyers. -(2) (A) Except as provided in subparagraph (B) or (C), the amount of downpayment assistance shall not exceed 3 percent of the home sale price. -(B) The amount of downpayment assistance for a new home within an infill opportunity zone, as defined in Section 65088.1 of the Government Code, a transit village development district, as defined in Section 65460.4 of the Government Code, or a transit-oriented development specific plan area, as defined in paragraph (6), shall not exceed 5 percent of the purchase price or the appraised value, whichever amount is less, of the new home. The borrower of the downpayment assistance shall provide the lender originating the loan with a certification from the local government agency administering the infill opportunity zone, the transit village development district, or the transit-oriented development specific plan area that states that the property involved in the loan transaction is within the boundaries of either the infill opportunity zone, the transit village development district, or the transit-oriented development specific plan area. -(C) Notwithstanding paragraph (1), the agency may, but is not required to, provide downpayment assistance that does not exceed 6 percent of the home sale price to first-time low-income home buyers who, as documented to the agency by a nonprofit organization that is certified and funded to provide home ownership counseling by a federally funded national nonprofit corporation, are purchasing a residence in a community revitalization area targeted by the nonprofit organization as a neighborhood in need of economic stimulation, renovation, and rehabilitation through efforts that include increased home ownership opportunities for low-income families. The agency shall not use more than six million dollars ($6,000,000) in funds made available pursuant to Section 53533 for the purposes of this paragraph. -(3) The amount of the downpayment assistance shall be secured by a deed of trust in a junior position to the primary financing provided. The term of the loan for the downpayment assistance shall not exceed the term of the primary loan. -(4) (A) Except as provided in subparagraphs (B) and (C), the amount of the downpayment assistance shall be due and payable at the end of the term or upon sale of or refinancing of the home. The borrower may refinance the mortgages on the home provided that the principal and accrued interest on the junior mortgage loan securing the downpayment assistance are repaid in full. All repayments shall be made to the agency to be reallocated for the purposes of this chapter. -(B) The agency may, in its discretion, permit the downpayment assistance loan to be subordinated to refinancing if it determines that the borrower has demonstrated hardship, subordination is required to avoid foreclosure, and the new loan meets the agency’s underwriting requirements. The agency may permit subordination on those terms and conditions as it determines are reasonable. -(C) The amount of the downpayment assistance shall not be due and payable upon sale of the home if the first mortgage loan is insured by the Federal Housing Administration (FHA) or if the first mortgage loan is, or has been, transferred to the FHA, or if the requirement is otherwise contrary to regulations of the United States Department of Housing and Urban Development governing FHA insured first mortgage loans. -(5) The agency may use up to 5 percent of the funds appropriated by the Legislature for purposes of this chapter to administer this program. -(6) For purposes of this section, “transit-oriented development specific plan area” means a specific plan that meets the criteria set forth in Section 65451 of the Government Code, is centered around a rail or light-rail station, ferry terminal, bus hub, or bus transfer station, and is intended to achieve a higher density use of land that facilitates use of the transit station. -(b) In addition to the downpayment assistance program authorized by subdivision (a), the agency may, at its discretion, use not more than seventy-five million dollars ($75,000,000) of the funds available pursuant to this chapter to finance the acquisition of land and the construction and development of housing developments, as defined in Section 50073.5, and for-sale residential structures through short-term loans pursuant to its authority pursuant to Section 51100. However, the agency shall make downpayment assistance provided pursuant to paragraph (1), subparagraphs (A) and (B) of paragraph (2), and paragraphs (3) to (5), inclusive, of subdivision (a) the priority use for these funds. A loan made pursuant to this section is not subject to Article 4 (commencing with Section 51175) of Chapter 5. -(c) (1) In addition to the downpayment assistance program authorized by subdivision (a), the agency shall provide downpayment assistance from the funds appropriated by the act adding this subdivision to first-time home buyers pursuant to paragraphs (1), (2), (3), (4), and (6) of subdivision (a) for homes in development projects that are located in designated infill sites, close to public transit, and that are located in cities, counties, or cities and counties that reduce developer or impact fees or reduce or remove regulatory barriers to housing construction for the development projects. -The agency shall identify and shall objectively measure the types of local agency actions or incentives that the agency determines appropriately reduce developer or impact fees or reduce or remove regulatory barriers to affordable housing projects. -These actions or incentives may include, but are not limited to, modifications to any or all of the following: -(A) Local design review requirements. -(B) Land use controls. -(C) Building codes and enforcement. -(D) Onsite or offsite improvement requirements. -(E) Project design. -(F) Permit processing. -(G) (i) A 30-percent reduction in the schedule of local fees, charges, and other exactions on local developers within the local agency’s jurisdiction within 12 months or more prior to the submission of the application for assistance pursuant to this subdivision. The local agency shall provide verification of the reduction with supporting documents showing successive annual fee schedules to the agency. -(ii) For the purposes of this subparagraph, “local fees, charges, and other exactions” includes, but is not limited to, all of the following: -(I) Planning and zoning fees. -(II) Environmental documentation fees. -(III) Building permit fees. -(IV) Plan check fees. -(V) School fees. -(VI) School mitigation fees. -(VII) Highway, road, traffic, and transit fees. -(VIII) Water, wastewater, sewer, and drainage fees. -(IX) Utility or water connection fees. -(X) Public safety fees. -(XI) Capital facilities fees. -(XII) Parks and recreation fees. -(XIII) Any other fee that may substitute for the requirements described in subparagraph (D). -(2) Paragraph (1) applies only to the use of funds appropriated by the act adding this subdivision and shall not be construed to apply to the use of any other funds. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 3. -The sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the California Homebuyer’s Downpayment Assistance Program for the purposes set forth in Section 51504 of the Health and Safety Code that satisfy the requirements of subdivision (c) of that section. After 48 months of availability, if the California Housing Finance Agency determines that these moneys will not be utilized for the purposes set forth in Section 51504 of the Health and Safety Code that satisfy the requirements of subdivision (c) of that section, the moneys shall be available for the general use of the California Housing Finance Agency for the purposes of the California Homebuyer’s Downpayment Assistance Program.","Existing law establishes the California Homebuyer’s Downpayment Assistance Program, which requires the California Housing Finance Agency to, among other things, administer a program that provides downpayment assistance, including deferred-payment, low-interest, junior mortgage loans to reduce principal and interest payments, that makes financing affordable to first-time low- and moderate-income home buyers, pursuant to specified terms. -This bill would appropriate $10,000,000 from the General Fund to the California Homebuyer’s Downpayment Assistance Program for the purposes of the downpayment assistance program described above. The bill would condition the application of these funds on an additional requirement that the home for which assistance is provided be in a development project that is in a designated infill site, close to public transit, and that is located in a city, county, or city and county that reduces developer or impact fees or reduces or removes regulatory barriers to housing construction for the development project, as specified. As part of this additional requirement, the bill would require a local agency to provide verification of the local agency’s schedule of local fees, charges, and other exactions to the California Housing Finance Agency and would thereby impose a state-mandated local program. The bill would make these moneys available for the general use of the California Housing Finance Agency for the purposes of the California Homebuyer’s Downpayment Assistance Program if specified requirements are met. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 51504 of the Health and Safety Code, relating to housing, and making an appropriation therefor." -981,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 27201 of the Government Code is amended to read: -27201. -(a) The recorder shall, upon payment of proper fees and taxes, accept for recordation any instrument, paper, or notice that is authorized or required by statute, or court order to be recorded, or authorized or required to be recorded by a local ordinance that relates to the recordation of any instrument, paper, or notice that relates to real property, if the instrument, paper, or notice contains sufficient information to be indexed as provided by statute, meets recording requirements of state statutes and local ordinances, and is photographically reproducible. The county recorder shall not refuse to record any instrument, paper, or notice that is authorized or required by statute, court order, or local ordinance that relates to the recordation of any instrument, paper, or notice that relates to real property to be recorded on the basis of its lack of legal sufficiency. -“Photographically reproducible,” for purposes of this division, means all instruments, papers, or notices that comply with standards as recommended by the American National Standards Institute or the Association for Information and Image Management for recording of records. -(b) (1) Each instrument, paper, or notice shall contain an original signature or signatures, except as otherwise provided by law, or be a certified copy of the original. -(2) A facsimile signature shall be accepted on a lien recorded by a governmental agency when that facsimile signature has been officially adopted by that agency. The lien shall have noted on its face a statement to that effect. The officially adopted facsimile signature shall be provided to the county recorder by a letter from the agency. A facsimile signature shall continue to be valid until the agency notifies the county recorder that the facsimile signature has been revoked. -(c) (1) Each instrument, paper, or notice that is rerecorded shall be executed and acknowledged or verified as a new document, in addition to any previous execution and acknowledgment or verification, unless any of the following apply: -(A) The instrument, paper, or notice is otherwise exempted by Section 27287 or any other law. -(B) The instrument, paper, or notice is presented solely to correct a recording sequence. The intent of the parties with regard to the priority of recorded documents shall be controlling regardless of the sequence of recording by a county recorder or the sequence of recording specified in instructions given by a submitter to a county recorder. This subparagraph is declaratory of existing law, and any rerecording of documents to change the sequential numbers assigned to a document by the recorder shall not require the document to be executed and acknowledged or verified as a new document. -(C) (i) The instrument, paper, or notice is presented solely to make a minor correction with a corrective affidavit. The corrective affidavit shall satisfy all of the following: -(I) Be attached to the original recorded instrument, paper, or notice. -(II) Set out the information corrected. -(III) Be certified by the party submitting the affidavit under penalty of perjury. -(IV) Be acknowledged pursuant to Section 27287. -(ii) For purposes of this subparagraph, “minor correction” includes any of the following: -(I) An incorrect or missing address of the party to which the instrument, paper, or notice is to be returned following recording pursuant to Section 27361.6. -(II) A clarification of illegible text pursuant to Section 27361.7. -(III) An incorrect or missing printed or typed name of an individual or entity near the signature pursuant to Section 27280.5. -(IV) An incorrect or missing documentary transfer tax amount due pursuant to Section 11932 of the Revenue and Taxation Code. -(2) Each rerecorded instrument, paper, or notice shall include a cover sheet that complies with Section 27361.6 and shall state the reason for rerecording on the cover sheet. -SEC. 2. -Section 27288.1 of the Government Code is amended to read: -27288.1. -All documents described in this section now or hereafter authorized by law to be recorded in the official records of a county shall contain the following information in addition to any information as may be required by law pertaining to the particular document: -(a) If the document effects or evidences a transfer or encumbrance of an interest in real property, the name or names in which the interest appears of record, except that a notice of assessment recorded pursuant to Section 3114 of the Streets and Highways Code, a notice of special tax lien recorded pursuant to Section 3114.5 of the Streets and Highways Code, and a notice of award of contract recorded pursuant to Section 5248 of the Streets and Highways Code, shall show the name or names of the assessed0 1em 0;"">(d) If a document is rerecorded, it shall comply with subdivision (c) of Section 27201. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires the county recorder, upon payment of proper fees and taxes, to record any instrument, paper, or notice that is authorized or required to be recorded, provided that the instrument, paper, or notice meets certain standards. Existing law also requires all documents authorized by law to be recorded in the official records of a county to contain specified information. -This bill would require the documents described above that are rerecorded to be executed and acknowledged or verified as new documents, unless otherwise exempted, as specified, presented solely to correct a rerecording sequence, as specified, or presented solely to make a minor correction, as defined, with a corrective affidavit. The bill would require the corrective affidavit to satisfy certain requirements, including a requirement that the corrective affidavit be certified under penalty of perjury. The bill would require each rerecorded instrument, paper, or notice to include a cover sheet and to state the reason for rerecording. -By imposing new duties upon local county officials with respect to the recordation of documents and by expanding the crime of perjury, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for specified reasons.","An act to amend Sections 27201 and 27288.1 of the Government Code, relating to the county recorder." -982,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares the following: -(a) Great strides have been made over the last three decades in raising awareness about the dangers of driving under the influence (DUI). Nationwide educational campaigns, extensive policy and statutory changes, and required participation in DUI education and counseling programs for offenders have substantially reduced the alcohol-related traffic fatality rate. However, the latest California DUI report issued by the Department of Motor Vehicles identifies a troubling trend in that alcohol-involved crash fatalities increased by 1.6 percent in 2011 and 7.3 percent in 2012. More needs to be done to address, in particular, the incidence of repeat DUI violators. -(b) To improve public safety and improve health outcomes, additional screening and assessment of both repeat DUI offenders and first-time offenders with extremely high blood alcohol content is necessary to determine if alcohol dependence issues exist. The use of the American Society for Addiction Medicine (ASAM) criteria, a widely used and nationally recognized set of guidelines to assess, place, and discharge persons with addiction and co-occurring conditions, would expand the use of data and science to address alcohol abuse, promote referrals to medically necessary treatment, when appropriate, and reduce fatalities and serious injuries on public roads. -(c) In 2007, the National Highway Traffic Safety Administration (NHTSA), at the request of the California Office of Traffic Safety, conducted an assessment of the state’s alcohol- and drug-impaired-driving countermeasures program. The NHTSA’s work resulted in identification of key issues of concern around impaired driving and produced dozens of recommendations to improve the state’s DUI countermeasures program. Among the recommendations offered in the 2007 Impaired Driving Technical Assessment of the State of California was a recommendation to enact legislation to require all defendants convicted of driving under the influence or reckless driving with alcohol or drugs be screened to determine if a defendant requires treatment for addiction and chemical dependency. -(d) California and the Centers for Medicare and Medicaid Services already require the use of the ASAM in other treatment settings. Under the federally approved Drug Medi-Cal Organized Delivery System waiver, counties will be required to use the ASAM tool with the Drug Medi-Cal population. -SEC. 2. -Section 11837 of the Health and Safety Code is amended to read: -11837. -(a) Pursuant to the provisions of law relating to suspension of a person’s privilege to operate a motor vehicle upon conviction for driving while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and any drug, as set forth in paragraph (3) of subdivision (a) of Section 13352 of the Vehicle Code, the Department of Motor Vehicles shall restrict the driving privilege pursuant to Section 13352.5 of the Vehicle Code, if the person convicted of that offense participates for at least 18 months in a driving-under-the-influence program that is licensed pursuant to this chapter. -(b) In determining whether to refer a person, who is ordered to participate in a program pursuant to Section 668 of the Harbors and Navigation Code, in a licensed alcohol and other drug education and counseling services program pursuant to Section 23538 of the Vehicle Code, or, pursuant to Section 23542, 23548, 23552, 23556, 23562, or 23568 of the Vehicle Code, in a licensed 18-month or 30-month program, the court may consider any relevant information about the person made available pursuant to a presentence investigation, that is permitted but not required under Section 23655 of the Vehicle Code, or other screening procedure. That information shall not be furnished, however, by any person who also provides services in a privately operated, licensed program or who has any direct interest in a privately operated, licensed program. In addition, the court shall obtain from the Department of Motor Vehicles a copy of the person’s driving record to determine whether the person is eligible to participate in a licensed 18-month or 30-month program pursuant to this chapter. When preparing a presentence report for the court, the probation department may consider the suitability of placing the defendant in a treatment program that includes the administration of nonscheduled nonaddicting medications to ameliorate an alcohol or controlled substance problem. If the probation department recommends that this type of program is a suitable option for the defendant, the defendant who would like the court to consider this option shall obtain from his or her physician a prescription for the medication, and a finding that the treatment is medically suitable for the defendant, prior to consideration of this alternative by the court. -(c) (1) The court shall, as a condition of probation pursuant to Section 23538 or 23556 of the Vehicle Code, refer a first offender whose concentration of alcohol in his or her blood was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter. -(2) Notwithstanding any other -provision of -law, in granting probation to a first offender described in this subdivision whose concentration of alcohol in the person’s blood was 0.20 percent or more, by weight, or the person refused to take a chemical test, the court shall order the person to participate, for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter. -(d) (1) The State Department of Health Care Services may specify in regulations the activities required to be provided in the treatment of participants receiving nine months of licensed program services under Section 23538 or 23556 of the Vehicle Code. -(2) Any program licensed pursuant to this chapter may provide treatment services to participants receiving at least six months of licensed program services under Section 23538 or 23556 of the Vehicle Code. -(e) The court may, subject to Section 11837.2, and as a condition of probation, refer a person to a licensed program, even though the person’s privilege to operate a motor vehicle is restricted, suspended, or revoked. An 18-month program described in Section 23542 or 23562 of the Vehicle Code or a 30-month program described in Section 23548, 23552, or 23568 of the Vehicle Code may include treatment of family members and significant other persons related to the convicted person with the consent of those family members and others as described in this chapter, if there is no increase in the costs of the program to the convicted person. -(f) The clerk of the court shall indicate the duration of the program in which the judge has ordered the person to participate in the abstract of the record of the court that is forwarded to the department. -(g) The court shall order, as a condition of probation for the following persons, the administration of the American Society for Addiction Medicine (ASAM) criteria to assess alcohol dependence and to inform the development of an individual’s comprehensive treatment plan: -(1) A first-time offender whose concentration of alcohol in his or her blood was 0.16 percent or greater. -(2) A person referred to an 18-month program described in Section 23542 or 23562 of the Vehicle Code. -(3) A person referred to a 30-month program described in Section 23548, 23552, or 23568 of the Vehicle Code. -(h) The entity administering the assessment required by subdivision (g) shall advise the person subject to the assessment of all of the following: -(1) That the person should consult with his or her physician to discuss the results of the assessment, including any medically necessary services. -(2) If the person’s physician determines that substance use disorder treatment is medically necessary, that the person should be referred to a licensed residential or certified outpatient treatment program. -(3) That there are medications approved by the Federal Drug Administration that can address alcohol dependence. -(i) The goal of the assessment required by subdivision (g) is to assist persons participating in the program to recognize their chemical dependency and to assist them in their recovery. -SECTION 1. -It is the intent of the Legislature to enact legislation that would require American Society of Addiction Medicine assessments for certain individuals who are repeat offenders of driving under the influence of alcohol or who were driving under the influence with excessive blood alcohol levels to determine if the individual needs treatment and to refer the individual for additional services, as appropriate, including, but not limited to, physician services, counseling, treatment facility services, and medication-assisted treatment for alcohol abuse.","Existing law makes it an offense to drive a vehicle while under the influence of alcohol. -Existing law requires the court to impose as a condition of probation for a conviction for a first violation of driving under the influence, in a county where the board of supervisors has approved, and the State Department of Health Care Services has licensed, a driving-under-the-influence program, that the driver successfully complete the program in the driver’s county of residence or employment, as designated by the court. Existing law provides that enrollment and participation in, and completion of, an approved program shall be subsequent to the date of the current violation. -This bill would require a court to impose an alcohol dependence assessment, as specified, as a condition of probation for a person in an 18-month or 30-month driving-under-the-influence program, or for a first offender who had a specified blood alcohol level. The bill would require the entity administering the assessment to advise the person, among other things, that there are medications that can address alcohol dependence, and that the person should consult his or her physician regarding the results of the assessment. The bill would state findings and declarations of the Legislature regarding driving under the influence. -This bill would express the intent of the Legislature to enact legislation that would require American Society of Addiction Medicine assessments for certain individuals who are repeat offenders of driving under the influence of alcohol or who were driving under the influence with excessive blood alcohol levels, to determine if the individual needs treatment, and to refer the individual for additional services, as appropriate, including, but not limited to, physician services, counseling, treatment facility services, and medication-assisted treatment for alcohol abuse.","An act -to amend Section 11837 of the Health and Safety Code, -relating to driving under the influence." -983,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds that this bill is necessary because of the unique circumstances affecting members of entities authorized in Division 21 (commencing with Section 58001) and Division 22 (commencing with Section 63901) of the Food and Agricultural Code as a result of involvement in the production, processing, or handling of agricultural products. -SEC. 2. -Section 58853 is added to the Food and Agricultural Code, to read: -58853. -(a) Notwithstanding Section 11123 of the Government Code, all of the following shall apply to a meeting held by teleconference under this chapter by an advisory board: -(1) A member of the advisory board participating by teleconference shall be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting. -(2) The advisory board shall designate a primary physical meeting location where participants may physically attend the meeting and participate. At least one member of the advisory board shall be in attendance at the primary physical meeting location. -(3) The teleconference phone number, and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, shall be included in the agenda, which shall be available to the public. -(b) Nothing in this section shall exempt the advisory board from providing information regarding the physical location of an advisory board meeting or any teleconference participation information, including the identity of an advisory board member who might be participating by teleconference. -(c) Prior to holding a meeting by teleconference pursuant to this section, the advisory board shall adopt teleconferencing guidelines to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation. -SEC. 3. -Section 63906 is added to the Food and Agricultural Code, to read: -63906. -(a) Notwithstanding Section 11123 of the Government Code, all of the following shall apply to a meeting held by teleconference under this division by a commission or council: -(1) A member of the commission or council participating by teleconference shall be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting. -(2) The commission or council shall designate a primary physical meeting location where participants may physically attend the meeting and participate. At least one member of the commission or council shall be in attendance at the primary physical meeting location. -(3) The teleconference phone number, and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, shall be included in the agenda, which shall be available to the public. -(b) Nothing in this section shall exempt the commission or council from providing information regarding the physical location of a commission or council meeting or any teleconference participation information, including the identity of a commission or council member who might be participating by teleconference. -(c) Prior to holding a meeting by teleconference pursuant to this section, the commission or council shall adopt teleconferencing guidelines to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation. -SEC. 4. -Section 67039 of the Food and Agricultural Code is amended to read: -67039. -“Producer” or “grower” means any person who is engaged within this state in the business of producing, or causing to be produced, avocados for market. “Producer” or “grower” does not include any person who has an average annual production of less than 10,000 pounds of avocados in the three preceding marketing years. -SEC. 5. -Section 67051 of the Food and Agricultural Code is amended to read: -67051. -(a) There is in the state government the California Avocado Commission. -(b) The commission shall be composed of the following members: -(1) (A) If the commission consists of three districts, nine producers who are not handlers, three elected from each district. -(B) If the commission consists of four districts, eight producers who are not handlers, two elected from each district. -(C) If the commission consists of five districts, 10 producers who are not handlers, two elected from each district. -(2) Two avocado handlers elected on a statewide basis. -(3) One public member who shall be appointed to the commission by the secretary from nominees recommended by the commission. -(4) The secretary who shall be a nonvoting ex officio member of the commission. -SEC. 6. -Section 67051.1 of the Food and Agricultural Code is repealed. -SEC. 7. -Section 67052 of the Food and Agricultural Code is amended to read: -67052. -(a) Each district shall have one alternate producer member, to be elected in the same manner as producer members. -(b) The alternate producer member shall, in the absence of a producer member from the same district, sit in place of the absent producer member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the producer member when sitting on the commission. -SEC. 8. -Section 67052.3 of the Food and Agricultural Code is amended to read: -67052.3. -(a) There shall be one alternate handler member to be elected in the same manner as the handler members. -(b) The alternate handler member shall, in the absence of a handler member, sit in place of the absent handler member on the commission and shall have, and be able to exercise, all the rights, privileges, and powers of the handler member when sitting on the commission. -SEC. 9. -Section 67053 of the Food and Agricultural Code is amended to read: -67053. -(a) Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate member to continue in his or her position due to a change in status making him or her ineligible to serve, or through death, removal, or resignation, shall be filled, for the unexpired portion of the term, by a majority vote of the commission. -(b) Any person filling a vacant member or alternate member position shall meet all the qualifications set forth in this article as required for the member whose office he or she is to fill. -SEC. 10. -Section 67054 of the Food and Agricultural Code is amended to read: -67054. -(a) Producer members and alternate producer members on the commission shall have a financial interest in producing, or causing to be produced, avocados for market. In order to be elected a member or alternate member, a producer shall, at the time of the election, have a financial interest in the production of avocados within the district in which the producer stands for election. -(b) A producer may stand for election in any district in which the producer has a financial interest in the production of avocados. -(c) Handler members and the alternate handler members shall have a financial interest in handling avocados for markets. To be nominated and elected, a handler or alternate handler shall handle no less than 1 percent of the total industry volume of avocados in the preceding marketing year. Any handler elected to the commission pursuant to this section shall be required to maintain his or her eligibility under this section during his or her entire term of office. -(d) The public member shall not have any financial interest in the avocado industry. Except for the nomination of another public member, the public member and his or her alternate member on the commission shall have all the powers, rights, and privileges of any other member on the commission. -SEC. 11. -Section 67059 of the Food and Agricultural Code is amended to read: -67059. -Unless otherwise specified, a quorum of the commission shall be any nine voting members if the commission consists of three or four districts and any 10 voting members if the commission consists of five districts. The vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the commission. -SEC. 12. -Section 67081 of the Food and Agricultural Code is amended to read: -67081. -(a) The secretary shall establish a list of producers in each district. In establishing the lists, the secretary shall require that handlers in the state submit the names, mailing addresses, grove location, and handled volume of each producer from whom they purchased or handled avocados in the preceding marketing season. The request for information from handlers shall be in writing and shall be filed by the handlers within 60 days following receipt of the written request. -(b) Any producer of avocados whose name does not appear upon the secretary’s list of producers may have his or her name established on the list by filing with the commission a signed statement, identifying himself or herself as a producer. Failure to be on the list does not exempt the producer from paying assessments under this chapter. -SEC. 13. -Section 67132 of the Food and Agricultural Code is amended to read: -67132. -Upon the finding of nine voting members of the commission if the commission consists of three or four districts, or of 10 voting members of the commission if the commission consists of five districts, that this chapter has not tended to effectuate its declared purposes, the commission may recommend to the secretary that the operations of the commission shall be suspended, provided that the suspension shall not become effective until the expiration of the current marketing season. The secretary shall, upon receipt of the recommendation, or upon a petition filed with him or her requesting the suspension, signed by 15 percent of the producers by number who produced not less than 15 percent of the volume in the immediately preceding year, cause a referendum to be conducted among the listed producers to determine if the operation of this chapter and the operations of the commission shall be suspended, and shall establish a referendum period, which shall not be less than 10 days nor more than 60 days in duration. The secretary is authorized to prescribe any additional procedure necessary to conduct the referendum. At the close of the established referendum period, the secretary shall tabulate the ballots filed during the period. If at least 40 percent of the total number of producers, on a list established by the secretary marketing 40 percent of the total volume marketed by all producers during the last completed marketing season, participate in the referendum, the secretary shall suspend this chapter upon the expiration of the current marketing season, if he or she finds either one of the following: -(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of the suspension, and the producers so voting marketed 51 percent or more of the total quantity of avocados marketed in the preceding marketing season by all of the producers who voted in the referendum. -(b) Fifty-one percent or more of the producers who voted in the referendum voted in favor of suspension, and the producers so voting marketed 65 percent or more of the total quantity of avocados marketed in the preceding season by all of the producers who voted in the referendum. -SEC. 14. -The Legislature finds and declares that Sections 2 and 3 of this act, which add Sections 58853 and 63906 to the Food and Agricultural Code, impose a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by these limitations and the need for protecting that interest: -In order for food and agriculture marketing order advisory boards and agricultural and seafood industry councils and commissions to hold meetings and make timely decisions, it is in the state’s interest to revise the requirements for teleconferences for these boards, councils, and commissions in order to encourage participation by directors. Many of these directors are located in remote locations in the state that are difficult for the public to access and the directors may need to participate from a nonstationary location.","Existing law establishes the California Avocado Commission within the state government, and requires the commission to establish no fewer than 3 districts and no more than 5 districts within the state, each representing approximately the same percentage of avocado production in California. Existing law requires the commission to consist of a specified number of producers who are not handlers, based on the number of districts the commission establishes, 4 handlers who are elected on a statewide basis, one public member, and the Secretary of Food and Agriculture, and requires there to be 2 alternate handler members. Existing law requires a vacancy of a member position on the commission to be filled by the alternate member. Existing law authorizes certain handlers who handle a specified percentage of volume of avocados to appoint one handler member to the commission and the other handlers to nominate and elect the remaining handler members. -This bill would instead require that a vacancy of a member position be filled by a majority vote of the commission. The bill would decrease the number of handlers on the commission to 2 members and the number of alternate handler members to one member. The bill would remove the authorization for specified handlers to appoint a handler member. -Existing law requires producer members and alternate producer members, at the time of the election, to have a financial interest in producing, or causing to be produced, avocados for market within the district in which the producer stands for election. Existing law prohibits a producer who chooses to stand for election in a particular district from standing for election in any other district for a period of 4 years from the date of his or her most recent election to the commission. -This bill would delete this prohibition on the producer. The bill would specify that, for these purposes, a producer or grower would not include a person who has an average annual production of less than 10,000 pounds of avocados in the 3 preceding marketing years. The bill would require that, to be nominated and elected to the commission, a handler or alternate handler handle no less than 1% of the total industry volume of avocados in the preceding marketing year. -Existing law provides that a quorum of the commission is 11 voting members if the commission consists of 3 or 5 districts, and is 10 voting members if the commission consists of 4 districts. Existing law authorizes the commission to recommend to the secretary that the operations of the commission be suspended upon a specified finding of 11 voting members if the commission consists of 3 or 5 districts, or 10 voting members if the commission consists of 4 districts. -This bill would instead provide that a quorum of the commission is 9 voting members if the commission consists of 3 or 4 districts, and is 10 voting members if the commission consists of 5 districts. The bill would make a similar change to the authorization of the commission to recommend suspension of its operations. -Existing law requires the secretary to establish a list of producers in each district and, in establishing the lists, requires handlers to file, within 90 days following receipt of a written request by the secretary, certain information about each producer from whom the handler purchased or handled avocados. -This bill would require handlers to file the information, including the grove location of each producer instead of district numbers, within 60 days. -Existing law, the California Marketing Act of 1937, authorizes the Secretary of Food and Agriculture to issue marketing orders which regulate producer marketing, the processing, distributing, or handling in any manner of any commodity by any and all persons that are engaged in the producer marketing, processing, distributing, or handling of the commodity within this state. The act requires that any marketing order issued pursuant to the act provide for the establishment of an advisory board to assist the secretary in the administration of any marketing order, as prescribed. Existing law also establishes various commissions and councils to advance the interests of the state’s agricultural and seafood industries to provide benefit to the entire industry and all the people of this state. -Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body, as defined, be open and public and all persons be permitted to attend any meeting of a state body. Existing law requires a state body subject to the open meeting requirements of the act that conducts a meeting or proceeding by teleconference to post agendas at all teleconference locations and requires each teleconference location to be accessible to the public. The act also requires the state body to provide an opportunity for members of the public to address the state body directly from any teleconference location. -This bill would require that, for a meeting held by teleconference by a marketing order advisory board or an agricultural or seafood industry council or commission, a member of the advisory board, council, or commission participating by teleconference be listed in the minutes of the meeting and would require the member to provide notice of his or her participation by teleconference at least 24 hours before the meeting. The bill would require the advisory board, council, or commission to designate a primary physical meeting location and would require at least one member of the advisory board, council, or commission to be in attendance at the primary physical meeting location. The bill would require the teleconference phone number and other specified information to be included in the agenda and would require the agenda to be open to the public. The bill would require the advisory board, council, or commission to adopt certain teleconferencing guidelines prior to holding a meeting by teleconference. -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to amend Sections 67039, 67051, 67052, 67052.3, 67053, 67054, 67059, 67081, and 67132 of, to add Sections 58853 and 63906 to, and to repeal Section 67051.1 of, the Food and Agricultural Code, relating to food and agriculture." -984,"The people of the State of California do enact as follows: - - -SECTION 1. -Part 4.2 (commencing with Section 1420) is added to Division 2 of the Labor Code, to read: -PART 4.2. Property Service Workers Protection -1420. -For purposes of this part: -(a) (1) “Covered worker” means a janitor, including any individual predominantly working, whether as an employee, independent contractor, or a franchisee, as a janitor, as that term is defined in the Service Contract Act Directory of Occupations maintained by the United State Department of Labor. -(2) “Covered worker” does not include any individual whose work duties are predominantly final cleanup of debris, grounds, and buildings near the completion of a construction, alteration, demolition, installation, or repair work project, including, but not limited to, street cleaners. -(b) “Current and valid registration” means an active registration pursuant to this part that is not expired or revoked. -(c) “Department” means the Department of Industrial Relations. -(d) “Director” means the Director of Industrial Relations. -(e) (1) “Employer” means any person or entity that employs at least one employee and one or more covered workers and that enters into contracts, subcontracts, or franchise arrangements to provide janitorial services. The term “employer” includes the term “covered successor employer.” -(2) “Covered successor employer” means an employer who meets one or more of the following criteria: -(A) Uses substantially the same equipment, supervisors, and workforce to offer substantially the same services to substantially the same clients as a predecessor employer, unless the employer maintains the same workforce pursuant to Chapter 4.5 (commencing with Section 1060) of Part 3. In addition, an employer who has operated with a current and valid registration for at least the preceding three years shall not be considered a covered successor employer for using substantially the same equipment, supervisors, and workforce to substantially the same clients, if all of the following apply: -(i) The individuals in the workforce were not referred or supplied for employment by the predecessor employer to the successor employer. -(ii) The successor employer has not had any interest in, or connection with, the operation, ownership, management, or control of the business of the predecessor employer within the preceding three years. -(B) Shares in the ownership, management, control of the workforce, or interrelations of business operations with the predecessor employer. -(C) Is an immediate family member of any owner, partner, officer, licensee, or director of the predecessor employer or of any person who had a financial interest in the predecessor employer. “Immediate family member” means a spouse, parent, sibling, son, daughter, uncle, aunt, niece, nephew, grandparent, grandson, granddaughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, or cousin. -(f) “Commissioner” means the Labor Commissioner of the Division of Labor Standards Enforcement of the department. -(g) “Supervisor” has the same meaning as in subdivision (t) of Section 12926 of the Government Code. -1421. -Every employer shall keep accurate records for three years, showing all of the following: -(a) The names and addresses of all employees engaged in rendering actual services for any business of the employer. -(b) The hours worked daily by each employee, including the times the employee begins and ends each work period. -(c) The wage and wage rate paid each payroll period. -(d) The age of all minor employees. -(e) Any other conditions of employment. -1422. -The Division of Labor Standards Enforcement shall enforce this part. The commissioner may adopt any regulations necessary to carry out this part. -1423. -Effective July 1, 2018, every employer shall register with the commissioner annually. -1424. -When a certificate of current and valid registration is originally issued or renewed under this part, the Division of Labor Standards Enforcement shall provide related and supplemental information to the registrant regarding business administration and applicable labor laws. As of July 1, 2018, employers covered by this part shall provide all covered workers a copy of the Department of Fair Employment and Housing pamphlet DFEH-185, entitled “Sexual Harassment,” until the sexual violence and harassment prevention training requirement is established pursuant to Section 1429.5. -1425. -Proof of current and valid registration shall be by an official Division of Labor Standards Enforcement registration form. -1426. -At least 60 days prior to the expiration of each registrant’s registration, the Division of Labor Standards Enforcement shall send a renewal notice to the last known address of the registrant. However, omission of the Division of Labor Standards Enforcement to provide the renewal notice in accordance with this section shall not excuse a registrant from making timely application for renewal of registration, shall not be a defense in any action or proceeding involving failure to renew registration, and shall not subject the Division of Labor Standards Enforcement to any legal liability. -1427. -The Division of Labor Standards Enforcement shall collect from each employer an initial nonrefundable application fee of five hundred dollars ($500), and an annual fee of five hundred dollars ($500) on the anniversary date of initial application, and may periodically adjust the registration fee in an amount sufficient to fund all direct and indirect costs to administer and enforce this part. -1428. -An employer shall not conduct any business without complying with the registration requirements of this part. The commissioner may revoke a registration if he or she finds an employer to be out of compliance with any requirement of this part or to have failed to satisfy any of the conditions of Section 1429. -1429. -The Division of Labor Standards Enforcement shall not approve the registration of any employer until all of the following conditions are satisfied: -(a) The employer has executed a written application, in a form prescribed by the commissioner and subscribed and sworn to by the employer containing the following: -(1) The name of the business entity and, if applicable, its fictitious or “doing business as” name. -(2) The form of the business entity and, if a corporation, all of the following: -(A) The date of incorporation. -(B) The state in which incorporated. -(C) If a foreign corporation, the date the articles of incorporation were filed with the California Secretary of State. -(D) Whether the corporation is in good standing with the California Secretary of State. -(3) The federal employer identification number (FEIN) and the state employer identification number (SEIN) of the business. -(4) The address of the business and the telephone number and, if applicable, the addresses and telephone numbers of any branch locations. -(5) Whether the application is for a new or renewal registration and, if the application is for a renewal, the prior registration number. -(6) The names, residential addresses, telephone numbers, and social security numbers of the following persons: -(A) All corporate officers, if the business entity is a corporation. -(B) All persons exercising management responsibility in the applicant’s office, regardless of form of business entity. -(C) All persons, except bona fide employees on regular salaries, who have a financial interest of 10 percent or more in the business, regardless of the form of business entity, and the actual percent owned by each of those persons. -(7) The policy number, effective date, expiration date, and name and address of the carrier of the applicant business’ current workers’ compensation coverage. -(8) (A) Whether the employer and any persons named in response to subparagraph (A), (B), or (C) of paragraph (6) presently: -(i) Owe any unpaid wages. -(ii) Have unpaid judgments outstanding. -(iii) Have any liens or suits pending in court against himself or herself. -(iv) Owe payroll taxes, or personal, partnership, or corporate income taxes, Social Security taxes, or disability insurance. -(B) An applicant who answers affirmatively to any item described in subparagraph (A) shall provide, as part of the application, additional information on the unpaid amounts, including the name and address of the party owed, the amount owed, and any existing payment arrangements. -(9) (A) Whether the employer and any persons named in response to subparagraph (A), (B), or (C) of paragraph (6) have ever been cited or assessed any penalty for violating any provision of this code. -(B) An applicant who answers affirmatively to any item described in subparagraph (A) shall provide additional information, as part of the application, on the date, nature of citation, amount of penalties assessed for each citation, and the disposition of the citation, if any. The application shall describe any appeal filed. If the citation was not appealed, or if it was upheld on appeal, the applicant shall state whether the penalty assessment was paid. -(10) Effective January 1, 2020, all new applications for registration and renewal of registration shall complete the sexual violence and harassment prevention training requirements prescribed by the division and developed pursuant to Section 1429.5. -(11) Such other information as the commissioner requires for the administration and enforcement of this part. -(b) The employer has paid a registration fee to the Division of Labor Standards Enforcement pursuant to Section 1427. -(c) Notwithstanding any other law, violation of this section shall not be a crime. -1429.5. -The Division of Labor Standards Enforcement shall establish a biennial in-person sexual violence and harassment prevention training requirement for employees and employers covered by this part by January 1, 2019. To assist in developing these standards, the director shall convene an advisory committee to recommend requirements for a sexual harassment prevention training program. The advisory committee shall be composed of representatives of the Division of Labor Standards Enforcement, the Division of Occupational Safety and Health, and the Department of Fair Employment and Housing, and shall also include representatives from a recognized or certified collective bargaining agent that represents janitorial workers, employers, labor-management groups in the janitorial industry, sexual assault victims advocacy groups, and other related subject matter experts. The director shall convene the advisory committee no later than July 1, 2017. The advisory committee shall consider the requirements of Section 12950.1 of the Government Code when developing the recommended standard. The Division of Labor Standards Enforcement shall propose the requirements for the sexual violence and harassment prevention training requirement no later than January 1, 2018. -1430. -The Division of Labor Standards Enforcement shall not register or renew the registration of an employer in any of the following circumstances: -(a) The employer has not fully satisfied any final judgment for unpaid wages due to an employee or former employee of a business for which the employer is required to register under this chapter. -(b) The employer has failed to remit the proper amount of contributions required by the Unemployment Insurance Code or the Employment Development Department has made an assessment for those unpaid contributions against the employer that has become final and the employer has not fully paid the amount of delinquency for those unpaid contributions. -(c) The employer has failed to remit the amount of Social Security and Medicare tax contributions required by the Federal Insurance Contributions Act (FICA) to the Internal Revenue Service and the employer has not fully paid the amount or delinquency for those unpaid contributions. -1431. -The commissioner shall maintain a public database of property service employers, on the Internet Web site of the department, including the name, address, registration number, and effective dates of registration. -1432. -(a) An employer who fails to register pursuant to Section 1423 is subject to a civil fine of one hundred dollars ($100) for each calendar day that the employer is unregistered, not to exceed ten thousand dollars ($10,000). -(b) Any person or entity that contracts with an employer who lacks a current and valid registration, as displayed on the online registration database at the time the contract is executed, extended, renewed, or modified, under this part on the date the person or entity enters into or renews a contract or subcontract for janitorial services with the employer is subject to a civil fine of not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000) in the case of a first violation, and a civil fine of not less than ten thousand dollars ($10,000) nor more than twenty-five thousand dollars ($25,000) for a subsequent violation. -(c) Notwithstanding any other provision of law, the authority to enforce this section is vested exclusively with the commissioner. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1. -1433. -(a) All registration fees collected pursuant to Section 1427, all civil fines collected pursuant to Section 1432, and any other moneys as are designated by statute or order shall be deposited in the Labor Enforcement and Compliance Fund. -(b) Moneys deposited in the fund pursuant to Section 1427 and Section 1432 shall be used only for the following purposes: -(1) The reasonable costs of administering the registration of janitorial contractors pursuant to this part by the Division of Labor Standards and Enforcement. -(2) The costs and obligations associated with the administration and enforcement of this part by the Division of Labor Standards and Enforcement. -(c) The annual employer registration renewal fee specified in of Section 1427, and any adjusted application renewal fee, shall be set in amounts that are sufficient to support the direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this part. -1434. -A successor employer is liable for any wages and penalties its predecessor employer owes to any of the predecessor employer’s former employee or employees, if the successor employer meets any of the following criteria: -(a) Uses substantially the same workforce to offer substantially the same services as the predecessor employer. This factor does not apply to employers who maintain the same workforce pursuant to Chapter 4.5 (commencing with Section 1060) of Part 3. -(b) Shares in the ownership, management, control of the labor relations, or interrelations of business operations with the predecessor employer. -(c) Employs in a managerial capacity any person who directly or indirectly controlled the wages, hours, or working conditions of the affected employees of the predecessor employer. -(d) Is an immediate family member of any owner, partner, officer, or director of the predecessor employer of any person who had a financial interest in the predecessor employer.","Existing law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. Existing law establishes within the department the Division of Labor Standards Enforcement, which is vested with the general duty of enforcing labor laws, including those relating to wage claims and employer retaliation. -This bill would require every employer subject to its provisions to keep accurate records of specific information regarding employees for 3 years. The bill would require the division to enforce its provisions and would authorize the Labor Commissioner, who is the chief of the division, to adopt any regulations necessary to carry out the provisions of the bill. -The bill would require every employer, effective July 1, 2018, to register annually with the Labor Commissioner in accordance with prescribed procedures. The bill would prohibit an employer from conducting any business without registration as required by the bill and would authorize the commissioner to revoke a registration under certain circumstances. The bill would set application and renewal fees for registration. -The bill would require an employer to include specific information in the registration application. The bill would prohibit the division from granting registration under specific circumstances. The bill would require the commissioner to maintain on the department’s Internet Web site a public database of registered property service employers. -The bill would require the division, by January 1, 2019, to establish a biennial in-person sexual violence and harassment prevention training requirement for employees and employers with the assistance of a prescribed advisory committee to be convened by the director. The bill would require employers, as of July 1, 2018, and until the division establishes that training requirement, to provide employees with a pamphlet of the Department of Fair Employment and Housing on sexual harassment. -The bill would establish civil fines for specific violations of its provisions and vest in the commission the exclusive authority to enforce the civil fine provisions. The bill would require the deposit of registration fees and civil fines in the Labor Enforcement and Compliance Fund and would direct that the moneys in the fund from those fees and fines be used only for the reasonable costs of administering the registration of janitorial contractors and the costs and obligations associated with the administration and enforcement of the bill by the division.","An act to add Part 4.2 (commencing with Section 1420) to Division 2 of the Labor Code, relating to employment." -985,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) (1) Water and energy resources are inextricably connected. This relationship is known as the water-energy nexus. -(2) The energy used to drive California’s water system, including, but not limited to, the fuels used to power groundwater pumps, transportation, treatment and disposal systems for water and wastewater, heating and cooling of water in buildings and other facilities, the delivery of water, and end uses, accounts for nearly 20 percent of the total electricity usage and 30 percent of nonpower-related natural gas consumed, and there are known gaps in quantifying greenhouse gas emissions associated with that energy use. -(3) Consequently, saving water saves energy and vice versa. -(4) Because the production of energy often results in the emissions of greenhouse gases, there is substantial potential for emission reductions in the water system. -(b) While energy use has historically been a fundamental element in the planning and development of California’s water supply systems, there are new opportunities for improving this linkage to reduce water-related greenhouse gas emissions. New projects that best serve water and energy investments can maximize greenhouse gas emissions reductions. -SEC. 2. -Section 39719 of the -Health and Safety Code -is amended to read: -39719. -(a)The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712. -(b)To carry out a portion of the requirements of subdivision (a), annual proceeds are continuously appropriated for the following: -(1)Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as following: -(A)Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code. -(B)Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Funds shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code. -(C)Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds, shall be expended for affordable housing, consistent with the provisions of that program. -(2)Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code: -(A)Acquisition and construction costs of the project. -(B)Environmental review and design costs of the project. -(C)Other capital costs of the project. -(D)Repayment of any loans made to the authority to fund the project. -(3)Beginning in the 2017–18 fiscal year, notwithstanding Section 13340 of the Government Code, the sum of two hundred million dollars ($200,000,000) annually is hereby continuously appropriated from the fund to the State Water Resources Control Board to develop and implement the grant and low-interest loan program for water projects that result in the net reduction of water-related greenhouse gas emissions pursuant to Section 189.7 of the Water Code. -(c)In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the funds subject to Section 39719.1 shall not be included. -SEC. 3. -SEC. 2. -Section 189.7 is added to the Water Code, to read: -189.7. -(a) The board, in coordination with the State Energy Resources Conservation and Development Commission, the Public Utilities Commission, and the department, shall develop and implement a grant and low-interest loan program for water projects that result in the net reduction of water-related greenhouse gas emissions. -(b) Project categories eligible for funding under the program include, but need not be limited to, the following: -(1) Local water projects, including, but not limited to, water recycling, stormwater capture and reuse, groundwater cleanup, seawater and brackish water desalination, and water conservation. -(2) Precision or water efficient irrigation and control technologies. -(3) Clean energy generation by water and wastewater treatment plants. -(4) Replacement of existing water pumps with more energy-efficient water pumps. -(5) Leak detection in water distribution pipelines and associated repairs. -(6) Water appliance efficiency. -(c) In order to be eligible for funding under the program, projects shall result in the net reduction of water-related greenhouse gas emissions, including, but not limited to, the emissions associated with pumping or transporting water. -(d) In awarding grants or low-interest loans, the board shall consider whether the proposed project helps achieve the state policy established in Section 85021 by reducing reliance on the Delta in meeting California’s future water supply needs. -(e) Any public moneys made available for the program to private water companies regulated by the Public Utilities Commission shall be used for the benefit of the ratepayers or the public, and not the investors of the companies, and shall be subject to oversight by the Public Utilities Commission. -(f) The board may adopt guidelines it determines are necessary to implement this section. A guideline adopted pursuant to this subdivision is not subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.","Existing law, the California Global Warming Solutions Act of 2006, designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. -Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to the reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund and to be used, upon appropriation by the Legislature, for specified purposes, including the reduction of greenhouse gas emissions associated with water use and supply. -The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. -This bill would require the State Water Resources Control Board, in coordination with the State Energy Resources Conservation and Development Commission, the Public Utilities Commission, and the Department of Water Resources, to develop and implement a grant and low-interest loan program for water projects that result in the net reduction of water-related greenhouse gas emissions. -The bill would continuously appropriate $200,000,000 annually from the Greenhouse Gas Reduction Fund to the State Water Resources Control Board to develop and implement the grant and low-interest loan program.","An act -to amend Section 39719 of the Health and Safety Code, and -to add Section 189.7 to the Water Code, relating to -water, and making an appropriation therefor. -water." -986,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares that Section 2 of this act, which adds Section 1524.4 to the Penal Code, is intended to reduce investigation time and facilitate efficient communication between law enforcement personnel and electronic communication service providers that provide service to the general public and that have received requests from law enforcement personnel for electronic communication and electronic communication information subject to the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code). It shall not be construed to apply to a person or entity solely on the basis that the person or entity is a subscriber to an electronic communication service or a customer of an electronic communication service provider. -SEC. 2. -Section 1524.4 is added to the Penal Code, to read: -1524.4. -(a) This section applies to a service provider that is subject to the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546)) and that operates in California. This section does not apply to a service provider that does not offer services to the general public. -(b) (1) Every service provider described in subdivision (a) shall maintain a law enforcement contact process that meets the criteria set forth in paragraph (2). -(2) Every service provider described in subdivision (a) shall ensure, at a minimum, that its law enforcement contact process meets all of the following criteria: -(A) Provides a specific contact mechanism for law enforcement personnel. -(B) Provides continual availability of the law enforcement contact process. -(C) Provides a method to provide status updates to a requesting law enforcement agency on a request for assistance. -(3) Every service provider described in subdivision (a) shall, by July 1, 2017, file a statement with the Attorney General describing the law enforcement contact process maintained pursuant to paragraph (1). If a service provider makes a material change to its law enforcement contact process, the service provider shall, as soon as practicable, file a statement with the Attorney General describing its new law enforcement contact process. -(c) The Attorney General shall consolidate the statements received pursuant to this section into one discrete record and regularly make that record available to local law enforcement agencies. -(d) The exclusive remedy for a violation of this section shall be an action brought by the Attorney General for injunctive relief. Nothing in this section shall limit remedies available for a violation of any other state or federal law. -(e) A statement filed or distributed pursuant to this section is confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). -SEC. 3. -The Legislature finds and declares that Section 2 of this act, which adds Section 1524.4 to the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -In order to protect the internal processes of private businesses from unnecessary intrusion and facilitate contact between law enforcement and private businesses regarding access to information that will protect public health and safety, it is necessary to limit access to statements filed by service providers that describe the service providers’ law enforcement contact processes. -SEC. 4. -The Legislature finds and declares that Section 2 of this act, which adds Section 1524.4 to the Penal Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: -By facilitating contact between law enforcement and service providers regarding access to information that will protect public health and safety and by appropriately limiting access to internal business processes, this bill furthers the purpose of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","Existing law authorizes a court or magistrate to issue a warrant for the search of a place and the seizure of property or things identified in the warrant if there is probable cause to believe that specified grounds exist. -This bill would require service providers to maintain a law enforcement contact process that meets specified criteria and, by July 1, 2017, file a statement with the Attorney General describing that process. The bill would require a service provider to file a statement with the Attorney General describing any material change to its process as soon as practicable after making that change. The bill would require the Attorney General to consolidate the statements received pursuant to these provisions in one discrete record and regularly make that record available to law enforcement agencies. The bill would make the statements confidential and prohibit their disclosure pursuant to any state law. By increasing the duties of local law enforcement agencies to maintain confidential records, the bill would impose a state-mandated local program. -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect. -The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. -This bill would make legislative findings to that effect. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 1524.4 to the Penal Code, relating to law enforcement." -987,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2089.7 is added to the Fish and Game Code, to read: -2089.7. -The department may authorize the taking of the Owens pupfish in the Owens River watershed if the take is authorized under an agreement pursuant to this article. -SEC. 2. -Section 5515 of the Fish and Game Code is amended to read: -5515. -(a) (1) Except as provided in this section or Section 2081.6, 2081.7, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. -(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. -(3) A legally imported fully protected fish may be possessed under a permit issued by the department. -(b) The following are fully protected fish: -(1) Colorado River squawfish (Ptychocheilus lucius). -(2) Thicktail chub (Gila crassicauda). -(3) Mohave chub (Gila mohavensis). -(4) Lost River sucker (Catostomus luxatus). -(5) Modoc sucker (Catostomus microps). -(6) Shortnose sucker (Chasmistes brevirostris). -(7) Humpback sucker (Xyrauchen texanus). -(8) Owens pupfish (Cyprinoden radiosus). -(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). -(10) Rough sculpin (Cottus asperrimus). -SEC. 2.1. -Section 5515 of the Fish and Game Code is amended to read: -5515. -(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. -(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. -(3) A legally imported fully protected fish may be possessed under a permit issued by the department. -(b) The following are fully protected fish: -(1) Colorado River squawfish (Ptychocheilus lucius). -(2) Thicktail chub (Gila crassicauda). -(3) Mohave chub (Gila mohavensis). -(4) Lost River sucker (Catostomus luxatus). -(5) Modoc sucker (Catostomus microps). -(6) Shortnose sucker (Chasmistes brevirostris). -(7) Humpback sucker (Xyrauchen texanus). -(8) Owens pupfish (Cyprinoden radiosus). -(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). -(10) Rough sculpin (Cottus asperrimus). -SEC. 2.2. -Section 5515 of the Fish and Game Code is amended to read: -5515. -(a) (1) Except as provided in this section or Section 2081.6, 2081.7, 2081.10, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. -(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. -(3) A legally imported fully protected fish may be possessed under a permit issued by the department. -(b) The following are fully protected fish: -(1) Colorado River squawfish (Ptychocheilus lucius). -(2) Thicktail chub (Gila crassicauda). -(3) Mohave chub (Gila mohavensis). -(4) Lost River sucker (Catostomus luxatus). -(5) Modoc sucker (Catostomus microps). -(6) Shortnose sucker (Chasmistes brevirostris). -(7) Humpback sucker (Xyrauchen texanus). -(8) Owens pupfish (Cyprinoden radiosus). -(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). -(10) Rough sculpin (Cottus asperrimus). -SEC. 2.3. -Section 5515 of the Fish and Game Code is amended to read: -5515. -(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. -(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. -(3) A legally imported fully protected fish may be possessed under a permit issued by the department. -(b) The following are fully protected fish: -(1) Colorado River squawfish (Ptychocheilus lucius). -(2) Thicktail chub (Gila crassicauda). -(3) Mohave chub (Gila mohavensis). -(4) Lost River sucker (Catostomus luxatus). -(5) Modoc sucker (Catostomus microps). -(6) Shortnose sucker (Chasmistes brevirostris). -(7) Humpback sucker (Xyrauchen texanus). -(8) Owens pupfish (Cyprinoden radiosus). -(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). -(10) Rough sculpin (Cottus asperrimus). -SEC. 3. -(a) Section 2.1 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 1845. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) Assembly Bill 2488 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1845, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative. -(b) Section 2.2 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 2488. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) Assembly Bill 1845 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2488 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative. -(c) Section 2.3 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by this bill, Assembly Bill 1845, and Assembly Bill 2488. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 5515 of the Fish and Game Code, and (3) this bill is enacted after Assembly Bill 1845 and Assembly Bill 2488, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.","Existing law prohibits the taking or possession of a fully protected fish, except as provided, and designates the Owens pupfish as a fully protected fish. Under existing law, the Department of Fish and Wildlife is authorized to permit the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. -Existing law, the California State Safe Harbor Agreement Program Act, establishes a program to encourage landowners to manage their lands voluntarily, by means of state safe harbor agreements approved by the Department of Fish and Wildlife, to benefit endangered, threatened, or candidate species without being subject to additional regulatory restrictions as a result of their conservation efforts. The act authorizes the department to authorize specified acts that are otherwise prohibited pursuant to the California Endangered Species Act by entering into a safe harbor agreement. Under existing law, the act remains in effect until January 1, 2020. -This bill would authorize the department to permit the taking of the Owens pupfish in the Owens River watershed if the take is authorized under a safe harbor agreement. -This bill would incorporate additional changes to Section 5515 of the Fish and Game Code, proposed by AB 1845 and AB 2488, that would become operative only if this bill and either or both of those bills are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Section 5515 of, and to add Section 2089.7 to, the Fish and Game Code, relating to fish." -988,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 82002 of the Government Code is amended to read: -82002. -(a) “Administrative action” means any of the following: -(1) The proposal, drafting, development, consideration, amendment, enactment, or defeat by any state agency of any rule, regulation, or other action in any ratemaking proceeding or any quasi-legislative proceeding, which shall include any proceeding governed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. -(2) With regard only to placement agents, the decision by any state agency to enter into a contract to invest state public retirement system assets on behalf of a state public retirement system. -(3) For purposes of proceedings before the California Coastal Commission, the proposal, drafting, development, consideration, amendment, enactment, or defeat of any rule, regulation, permit action, federal consistency review, appeal, local coastal program, port master plan, public works plan, long-range development plan, or categorical or other exclusion from coastal development permit requirements. -(b) “Ratemaking proceeding” means, for the purposes of a proceeding before the Public Utilities Commission, any proceeding in which it is reasonably foreseeable that a rate will be established, including, but not limited to, general rate cases, performance-based ratemaking, and other ratesetting mechanisms. -(c) “Quasi-legislative proceeding” means, for purposes of a proceeding before the Public Utilities Commission, any proceeding that involves consideration of the establishment of a policy that will apply generally to a group or class of persons, including, but not limited to, rulemakings and investigations that may establish rules affecting an entire industry. -SEC. 2. -Section 82039 of the Government Code is amended to read: -82039. -(a) “Lobbyist” means either of the following: -(1) Any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, or whose principal duties as an employee are, to communicate directly or through his or her agents with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative action. -(2) A placement agent, as defined in Section 82047.3. -(b) An individual is not a lobbyist by reason of activities described in Section 86300. -(c) For the purposes of subdivision (a), a proceeding before the Public Utilities Commission constitutes “administrative action” if it meets any of the definitions set forth in subdivision (b) or (c) of Section 82002. However, a communication made for the purpose of influencing this type of Public Utilities Commission proceeding is not within subdivision (a) if the communication is made at a public hearing, public workshop, or other public forum that is part of the proceeding, or if the communication is included in the official record of the proceeding. -(d) Notwithstanding Section 82004, for purposes of a -quasi-judicial -matter before the California Coastal Commission, as described in paragraph (3) of subdivision (a) of Section 82002, “agency official,” as used in subdivision (a) of this section, shall only mean a member of the California Coastal -Commission. -Commission and does not include staff of the commission. -SEC. 3. -Section 86300 of the Government Code is amended to read: -86300. -The provisions of this chapter are not applicable to any of the following: -(a) An elected public official acting in his or her official capacity or an employee of the state acting within the scope of his or her employment. However, an employee of the state, other than a legislative official, who attempts to influence legislative action and who would be required to register as a lobbyist, except for the provisions of this subdivision, shall not make gifts of more than ten dollars ($10) in a calendar month to an elected state officer or legislative official. -(b) A newspaper or other periodical of general circulation, book publisher, radio or television station, any individual who owns, publishes, or is employed by any such newspaper or periodical, or radio or television station, which in the ordinary course of business publishes news items, editorials, or other comments, or advertisements that directly or indirectly urge legislative or administrative action, if that newspaper, periodical, book publisher, radio or television station, or individual, engages in no further or other activities in connection with urging legislative or administrative action other than to appear before a committee of the Legislature or before a state agency in support of or in opposition to such action. -(c) A person when representing a bona fide church or religious society solely for the purpose of protecting the public right to practice the doctrines of such church. -(d) An employee of a local government agency seeking, within the scope of his or her employment, to influence quasi-judicial decisions of the California Coastal Commission. -SEC. 4. -Section 30324 of the Public Resources Code is amended to read: -30324. -(a) (1) No commission member, nor any interested person, shall conduct an ex parte communication unless the commission member fully discloses and makes public the ex parte communication by providing a full report of the communication as follows: -(A) If the communication occurs more than seven days before the next commission hearing, to the executive director within seven days after the communication. -(B) Except as provided in subparagraph (C), if the communication occurs within seven days of the next commission hearing, to the commission on the record of the proceeding at that hearing. -(C) If the communication occurs within seven days of the next commission hearing and relates to a matter that the commission will discuss at the hearing, to the commission in writing at least 24 hours before that hearing. -(2) Notwithstanding paragraph (1), no commission member, nor any interested person, shall conduct an ex parte communication within 24 hours before a commission hearing regarding a matter that the commission will discuss at the hearing. -(b) (1) The commission shall adopt standard disclosure forms for reporting ex parte communications which shall include, but not be limited to, all of the following information: -(A) The date, time, and location of the communication. -(B) (i) The identity of the person or persons initiating and the person or persons receiving the communication. -(ii) The identity of the person on whose behalf the communication was made. -(iii) The identity of all persons present during the communication. -(C) A complete, comprehensive description of the content of the ex parte communication, including a complete set of all text and graphic material that was part of the communication. -(2) The executive director shall place in the public record any report of an ex parte communication. -(c) Communications shall cease to be ex parte communications when fully disclosed and placed in the commission’s official record. -SEC. 5. -Section 30325 of the Public Resources Code is amended to read: -30325. -(a) Nothing in this article prohibits any person or any interested person from testifying at a commission hearing, workshop, or other official proceeding, or from submitting written comments for the record on a matter before the commission. Written comments shall be submitted by mail or delivered to a commission office, or may be delivered to the commission at the time and place of a scheduled hearing. -(b) Any person who communicates with the members of the commission regarding an administrative action of the commission, as defined in paragraph (3) of subdivision (a) of Section 82002 of the Government Code, and who qualifies as a lobbyist, as defined in subdivision (a) of Section 82039 of the Government Code, shall comply with the requirements of Chapter 6 (commencing with Section 86100) of Title 9 of the Government Code. -SEC. 6. -The Legislature finds and declares that the provisions of this act further the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. -SEC. 7. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law establishes the California Coastal Commission in the Natural Resources Agency and designates the commission as the state coastal zone planning and management agency for all purposes. Existing law prohibits a commission member or an interested person, as defined, from conducting an ex parte communication unless the commission member fully discloses and makes public that communication within 7 days after the communication or, if the communication occurs within 7 days of the next commission hearing, to the commission on the record of the proceeding at that hearing. -This bill would require a commission member to fully disclose in writing 24 hours before a commission hearing any ex parte communication conducted within 7 days of the commission hearing relating to a matter that will be discussed at the hearing, and would prohibit a commission member or an interested person from conducting such an ex parte communication within 24 hours before the commission hearing. -The Political Reform Act of 1974 provides for the regulation of the lobbying industry, including defining the term “lobbyist” and regulating the conduct of lobbyists. Among its provisions, the act prohibits lobbyists from engaging in certain activities, including accepting or agreeing to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed legislative or administrative action. Under the act, a lobbyist is, among others, an individual whose principal duties as an employee are to communicate with, among others, any agency official for the purpose of influencing legislative or administrative action. For these purposes, “administrative action” is defined as the proposal, drafting, development, consideration, amendment, enactment, or defeat by a state agency of any rule, regulation, or other action in any ratemaking or quasi-legislative proceeding and “agency official” is defined as any member, officer, employee, or consultant of any state agency who participates in any administrative action in other than a ministerial capacity. -This bill would revise the definition of “administrative action” to include, with regard to proceedings before the California Coastal Commission, specified actions relating to the review, approval, and appeal of certain permit actions and coastal plans and programs. The bill would, however, exclude from these provisions relating to lobbyists an employee of a local government agency seeking, within the scope of his or her employment, to influence quasi-judicial decisions of the commission. The bill would also, for purposes of -a quasi-judicial matter -those matters -before the California Coastal Commission, limit the definition of “agency official” to a member of the commission. -Existing law makes a knowing and willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. -This bill would impose a state-mandated local program by expanding those crimes. -The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes with a -2/3 -vote of each house and compliance with specified procedural requirements. -This bill would declare that it furthers the purposes of the act. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 82002, 82039, and 86300 of the Government Code, and to amend Sections 30324 and 30325 of the Public Resources Code, relating to the Political Reform Act of 1974." -989,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature to explore alternate approaches to ensure the continuation of broad coverage of pediatric hearing benefits upon expiration of this mandate, including exploring ways to add pediatric hearing as an essential health benefit, without incurring ongoing state costs. -SECTION 1. -SEC. 2. -Section 1367.72 is added to the Health and Safety Code, to read: -1367.72. -(a) (1) A health care service plan contract issued, amended, or renewed on or after January 1, 2017, shall include coverage for hearing aids for all enrollees under 18 years of age when medically necessary. -(2) Coverage for hearing aids includes an initial assessment, new hearing aids at least every five years, new ear molds, new hearing aids if alterations to existing hearing aids cannot meet the needs of the child, a new hearing aid if the existing one is no longer working, fittings, adjustments, auditory training, and maintenance of the hearing aids. -(b) For purposes of this section, “hearing aid” means an electronic device usually worn in or behind the ear of a deaf and hard of hearing person for the purpose of amplifying sound. -(c) This section shall not apply to Medicare supplement, dental-only, or vision-only health care service plan contracts. -(d) (1) This section shall become inoperative if the department receives a notification from the federal Centers for Medicare and Medicaid Services or any other applicable federal agency that this section constitutes a discriminatory age limitation under federal law and the state is required to defray the costs of requiring a plan contract to include coverage for hearing aids on behalf of enrollees who are 18 years of age or older pursuant to Section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. Sec. 18031(d)(3)). -(2) This section shall become inoperative 30 days after the director executes a declaration, which shall be retained by the director, stating that the department received the notification described in paragraph (1). The director shall post the declaration on the department’s Internet Web site, and the director shall send the declaration to the appropriate policy committees of the Legislature and to the Legislative Counsel. -(e) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. -SEC. 2. -SEC. 3. -Section 10123.72 is added to the Insurance Code, to read: -10123.72. -(a) (1) A health insurance policy issued, amended, or renewed on or after January 1, 2017, shall include coverage for hearing aids for all insureds under 18 years of age when medically necessary. -(2) Coverage for hearing aids includes an initial assessment, new hearing aids at least every five years, new ear molds, new hearing aids if alterations to existing hearing aids cannot meet the needs of the child, a new hearing aid if the existing one is no longer working, fittings, adjustments, auditory training, and maintenance of the hearing aids. -(b) For purposes of this section, “hearing aid” means an electronic device usually worn in or behind the ear of a deaf and hard of hearing person for the purpose of amplifying sound. -(c) This section shall not apply to accident-only, specified disease, hospital indemnity, Medicare supplement, dental-only, or vision-only health insurance policies. -(d) (1) This section shall become inoperative if the department receives a notification from the federal Centers for Medicare and Medicaid Services or any other applicable federal agency that this section constitutes a discriminatory age limitation under federal law and the state is required to defray the costs of requiring a health insurance policy to include coverage for hearing aids on behalf of insureds who are 18 years of age or older pursuant to Section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. Sec. 18031(d)(3)). -(2) This section shall become inoperative 30 days after the commissioner executes a declaration, which shall be retained by the commissioner, stating that the department received the notification described in paragraph (1). The commissioner shall post the declaration on the department’s Internet Web site, and the commissioner shall send the declaration to the appropriate policy committees of the Legislature and to the Legislative Counsel. -(e) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. -SEC. 3. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plan contracts and health insurance policies to provide coverage for specified benefits. -This -bill -bill, until January 1, 2019, -would require a health care service plan contract or a health insurance policy issued, amended, or renewed on or after January 1, 2017, to include coverage for hearing aids for an enrollee or insured under 18 years of age, as specified. -These provisions would become inoperative if the Department of Managed Health Care and the Department of Insurance receive a notification from the federal Centers for Medicare and Medicaid Services or any other applicable federal agency that these provisions constitute a discriminatory age limitation under federal law and the state is required to defray the costs of requiring a plan contract or policy to include coverage for hearing aids on behalf of enrollees or insureds who are 18 years of age or older pursuant to a specified federal law. -Because a willful violation of these requirements by a health care service plan would be a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add -and repeal -Section 1367.72 -to -of -the Health and Safety Code, and to add -and repeal -Section 10123.72 -to -of -the Insurance Code, relating to health care coverage." -990,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) It is the intent of the Legislature to increase enrollment and graduation rates among students meeting the requirements of Assembly Bill 540 of the 2001–02 Regular Session (Firebaugh, Ch. 814) by requiring the designation of Dream Resource Liaisons and encouraging the creation of Dream Resource Centers at public institutions of higher education. -(b) It is estimated that each year approximately 65,000 undocumented students graduate from high schools, and while California has been a leader in enacting innovative and bold laws to provide opportunities for undocumented youth to attain higher education, only 20 percent of these students attend college. Many undocumented youth and their families are unaware of recent policy changes, such as the enactment of Assembly Bill 540 of the 2001–02 Regular Session, the California Dream Act of 2011, and the federal Deferred Action for Childhood Arrivals (DACA), that make college graduation more attainable. Currently, the majority of college campuses do not have a centralized location that provides specialized support services and resources for students meeting the requirements of Assembly Bill 540 of the 2001–02 Regular Session. -(c) The creation of Dream Resource Centers would save staff time and resources by streamlining all available financial aid and academic opportunities for students meeting the requirements of Assembly Bill 540 of the 2001–02 Regular Session. These Dream Resource Centers would seek to empower and create a safe and welcoming environment for those students. These centers would increase enrollment, transfer, and graduation rates among this population. -(d) A number of college campuses have acknowledged the needs and challenges of these students and have created Dream Resource Centers. These include: the University of California, Los Angeles; the University of California, Davis; the California State University, Los Angeles; the California State University, Fullerton; and the California State University, Northridge. These centers provide, among other things, informational workshops, legal clinics, information on programs available to undocumented immigrants, and peer mentoring and support services to increase awareness of existing programs and available resources, enhance professional development, and increase employment opportunities. -SEC. 2. -Section 66021.8 is added to the Education Code, to read: -66021.8. -(a) Commencing with the 2017–18 academic year, the California Community Colleges and the California State University shall, and the University of California is requested to, designate a Dream Resource Liaison on each of their respective campuses, as specified in subdivision (b), to assist students meeting the requirements set forth in Section 68130.5 by streamlining access to all available financial aid and academic opportunities for those students. -(b) (1) Each campus of the California Community Colleges shall ensure that it has a staff person designated as a Dream Resource Liaison who is knowledgeable in available financial aid, services, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus’ extended opportunity programs and services office or financial aid office. -(2) Each campus of the California State University shall ensure that it has a staff person designated as a Dream Resource Liaison who is knowledgeable in available financial aid, services, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus’ educational opportunity programs office or financial aid office. -(3) The University of California is encouraged to designate a Dream Resource Liaison on each of its campuses. That staff person should be knowledgeable in available financial aid, services, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus’ educational opportunity programs office or financial aid office. -(c) (1) The California Community Colleges, the California State University, and the University of California are encouraged to establish Dream Resource Centers on each of their respective campuses. -(2) Dream Resource Centers may offer support services, including, but not necessarily limited to, state and institutional financial aid assistance, academic counseling, peer support services, psychological counseling, referral services, and legal services. -(d) (1) This section shall not be construed as encouraging the construction of a new or separate space for Dream Resource Centers. -(2) Dream Resource Centers may be housed within existing student service or academic centers. -(3) The space in which the Dream Resource Liaison is located may be deemed a Dream Resource Center. -(e) Notwithstanding Section 11005 of the Government Code and any other law requiring approval by a state officer of gifts, bequests, devises, or donations, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the Regents of the University of California may seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in the creation and operation of Dream Resource Centers for their respective systems. -(f) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law establishes the segments of the public postsecondary education system in the state, including the University of California administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, and the California Community Colleges administered by the Board of Governors of the California Community Colleges. -Existing law provides that a student, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year, and who, if he or she is an alien without lawful immigration status, has filed an affidavit, as specified, is exempt from paying nonresident tuition at the California Community Colleges and the California State University. -This bill would, commencing with the 2017–18 academic year, require the California Community Colleges and the California State University, and would request the University of California to designate a Dream Resource Liaison on each of their respective campuses, as specified, to assist students meeting specified requirements, including undocumented students, by streamlining access to all available financial aid and academic opportunities for those students. By requiring community colleges to designate a Dream Resource Liaison, this bill would impose a state-mandated local program. The bill would encourage those institutions to establish Dream Resource Centers, and would authorize those centers to provide specified support services. -This bill would authorize the trustees, the board of governors, and the regents to seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in the creation and operation of Dream Resource Centers for their respective systems. -This bill would make these provisions inoperative on July 1, 2022, and would repeal them as of January 1, 2023. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add and repeal Section 66021.8 of the Education Code, relating to student support services." -991,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 13307 of the Elections Code is amended to read: -13307. -(a) (1) Each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidate’s statement on an appropriate form provided by the elections official. The statement may include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidate’s education and qualifications expressed by the candidate himself or herself. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. -(2) The statement authorized by this subdivision shall be filed in the office of the elections official when the candidate’s nomination papers are returned for filing, if it is for a primary election, or for an election for offices for which there is no primary. The statement shall be filed in the office of the elections official no later than the 88th day before the election, if it is for an election for which nomination papers are not required to be fil0 0 1em 0;"">(C) From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education. -(D) A current voting member in good standing of the American Translators Association. -(E) A current member in good standing of the American Association of Language Specialists. -(c) (1) In addition to the statement prepared pursuant to subdivision (a), if the elections official who is conducting the election permits electronic distribution of a candidate’s statement, the governing body of a local agency may permit each candidate for nonpartisan elective office in the local agency to prepare a candidate's statement for the purpose of electronic distribution pursuant to this subdivision. -(2) A statement prepared pursuant to this subdivision shall be posted on the Internet Web site of the elections official, and may be included in a voter's pamphlet that is electronically distributed by the elections official pursuant to Section 13300.7, but shall not be included in a voter's pamphlet that is printed and mailed to voters pursuant to subdivision (b). -(3) A statement that is printed in the voter's pamphlet and mailed to voters pursuant to subdivision (b) shall be included with the statement that is prepared and electronically distributed pursuant to this subdivision. -(4) A statement that is prepared and electronically distributed pursuant to this subdivision shall be displayed in type of uniform size and darkness, and with uniform spacing. -(5) The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the persons listed in paragraph (2) of subdivision (b). -(d) The local agency may estimate the total cost of printing, handling, translating, mailing, and electronically distributing a candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the federal Voting Rights Act of 1965, as amended. The local agency may require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet or electronically distributed. In the event the estimated payment is required, the receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the local agency is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the local agency may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the local agency that, or the elections official who, collected the estimated cost shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. -(e) Nothing in this section shall be deemed to make any statement, or the authors thereof, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous statements offered for printing or electronic distribution pursuant to this section, or contained in the voter’s pamphlet. -(f) Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidate’s statement sent to each voter and, if authorized pursuant to subdivision (c), for the electronically distributed candidate’s statement. This decision shall not be revoked or modified after the seventh day prior to the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, mailing, and electronic distribution shall be provided to each candidate, or his or her representative, at the time he or she picks up the nomination papers. -(g) For purposes of this section and Section 13310, the board of supervisors shall be deemed the governing body of judicial elections. -SEC. 2. -Section 13308 of the Elections Code is amended to read: -13308. -In addition to the restrictions set forth in Section 13307, any candidate’s statement submitted pursuant to Section 13307 shall be limited to a recitation of the candidate’s own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. The elections official shall not cause to be printed, posted on an Internet Web site, or circulated any statement that the elections official determines is not so limited or that includes any reference prohibited by this section. -SEC. 3. -Section 13312 of the Elections Code is amended to read: -13312. -(a) Each voter’s pamphlet prepared pursuant to subdivision (b) of Section 13307 shall contain a notice in the heading of the first page, not smaller than 10-point type, that specifies both of the following: -(1) That the pamphlet does not contain a complete list of candidates and that a complete list of candidates appears on the sample ballot (if any candidate is not listed in the pamphlet). -(2) That each candidate’s statement in the pamphlet is volunteered by the candidate and (if printed at the candidate’s expense) is printed at his or her expense. -(b) If a local agency has authorized each candidate for nonpartisan elective office to prepare a candidate’s statement for the purpose of electronic distribution pursuant to subdivision (c) of Section 13307, and if a candidate has submitted a statement for that purpose, the notice required by subdivision (a) shall specify that additional statements are available on the Internet Web site of the elections official and shall include the Internet Web site address at which the statements may be viewed.","Existing law permits a candidate for a nonpartisan elective office in any local agency, which includes any city, county, city and county, or district, to prepare a written statement, pursuant to specified guidelines, to be included in a voter’s pamphlet that is mailed to each voter. Existing law requires each voter’s pamphlet to contain a notice in the heading of the first page of that pamphlet in heavy-faced gothic type that, among other things, each candidate’s statement in the pamphlet is volunteered by the candidate. Existing law requires an elections official to provide a Spanish translation to those candidates who wish to have one. -Existing law authorizes a county or city elections official to establish procedures designed to permit a voter to opt out of receiving his or her voter’s pamphlet and other related materials by mail, and instead obtain them electronically via email or by accessing them on the county’s or city’s Internet Web site, provided specified conditions are met. -This bill would authorize the governing body of a local agency to permit a candidate for nonpartisan elective office in the local agency to prepare a written statement for electronic distribution if the elections official who is conducting the election permits electronic distribution of a candidate’s statement. This bill would require the statement to be posted on the Internet Web site of the elections official, permit the statement to be included in a voter’s pamphlet that is electronically distributed, and prohibit the statement from being included in a voter’s pamphlet that is printed and mailed to voters. This bill would require the elections official to provide a Spanish translation to those candidates who wish to have one. This bill would require the notice in the heading of the first page of the voter’s pamphlet, in certain circumstances, to specify that additional statements are available on the Internet Web site of the elections official, and would delete the requirement that the notice appear in heavy-faced gothic type.","An act to amend Sections 13307, 13308, and 13312 of the Elections Code, relating to elections." -992,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19607 of the Business and Professions Code is amended to read: -19607. -(a) Notwithstanding Sections 19605.8 and 19605.9, when satellite wagering is conducted on thoroughbred races at associations or fairs in the central or southern zone, an amount not to exceed 2 percent of the total amount handled by all of those satellite wagering facilities shall be deducted from the funds otherwise allocated for distribution as commissions, purses, and owners’ premiums and instead distributed to an organization formed and operated by one licensed association from each facility in the central and southern zones at which a thoroughbred or fair racing meeting is conducted, and the organization representing thoroughbred horsemen and horsewomen, for use in accordance with Section 19607.1. -(b) A vote of the organization representing thoroughbred horsemen and horsewomen shall constitute 50 percent of all voting interests on the board of the organization formed and operated to administer the fund. The other 50 percent of all voting interests shall be allocated equally among the other members of the organization. Any use of funds by the organization shall be approved by the affirmative vote of both (1) the organization representing thoroughbred horsemen and horsewomen, and (2) at least two of the licensed thoroughbred racing associations that are part of the organization formed pursuant to this section, provided, however, that, if there are only two licensed thoroughbred racing associations that are part of the organization formed pursuant to this section, the vote of at least one of those two licensed thoroughbred racing associations shall be sufficient. -SEC. 2. -Section 19607.1 of the Business and Professions Code is amended to read: -19607.1. -(a) Notwithstanding Section 19535, the funds distributed to the organization formed pursuant to Section 19607 shall be used to pay the expenses of the organization and compensate the provider of a board-approved auxiliary facility for offsite stabling and training of thoroughbred horses in the central or southern zone. The organization administering the offsite stabling and vanning program shall submit its proposed financial and operational plans for the upcoming calendar year to the board for review no later than November 1 of the preceding year. Neither the organization administering the offsite stabling and vanning program nor any of the entities forming and operating the organization, except an entity operating the auxiliary offsite stabling facility where the injury occurred, shall be liable for any injury to any jockey, exercise person, owner, trainer, or any employee or agent thereof, or any horse occurring at any offsite stabling facility. -(b) The funds shall also be used to cover all or part of the cost of vanning thoroughbred horses from a board-approved auxiliary offsite stabling and training facility to start in a thoroughbred race at a thoroughbred or fair racing meeting in the central or southern zone. The organization shall determine the extent of and manner in which compensation will be paid for thoroughbred horses that are vanned from the auxiliary facility to the track conducting the thoroughbred or fair racing meeting, but the vanning shall be made available on a consistent and uniform basis for all thoroughbred and fair racing meetings in a given year. Neither the organization administering the offsite stabling and vanning program nor any of the entities that form and operate the organization, except an entity actually engaged in vanning horses, is liable for any injury occurring to any individual or horse during vanning from an offsite stabling facility. -(c) The auxiliary offsite stabling facilities and amenities provided for offsite stabling and training purposes shall be substantially equivalent in character to those provided by the thoroughbred racing association or fair conducting the racing meeting. -(d) In order to ensure the long-term availability of facilities for offsite stabling and training, the organization may enter into multiyear contracts for auxiliary facilities in either the central or southern zone. The organization shall submit to the board for its approval multiyear contracts it enters into with providers of auxiliary facilities for the offsite stabling and training. Contracts not disapproved by the board within 60 days of submittal to the board shall be deemed to have been approved by the board. Once a multiyear contract has been approved by the board, it shall be considered to have been approved for its duration. -(e) At the request of the board, the organization shall submit a report detailing all of its receipts and expenditures over the prior two fiscal years and, upon request of any party within the organization, those receipts and expenditures shall be audited by an independent third party selected by the board at the expense of the organization. -(f) In addition to the uses of funds described in subdivisions (a) and (b), the organization may use those funds to do both of the following: -(1) Maintain a reserve fund of up to 10 percent of the total estimated annual vanning and auxiliary offsite stabling costs. In addition to the reserve fund, if the funds generated for the auxiliary offsite stabling facilities and vanning are insufficient to fully cover the expenses incurred, the organization may, in the future, accumulate sufficient funds to fully cover those expenses. -(2) Pay back commissions, purses, and owners’ premiums to the extent the deductions made pursuant to Section 19607 exceed in any year the amount of funds necessary to achieve the objectives of the organization. -(g) The amount initially deducted and distributed to the organization shall be 2 percent of the total amount handled by satellite wagering facilities authorized under this article in the central or southern zone on thoroughbred racing, but that allocation may be adjusted by the board, in its discretion. However, the adjusted amount may not exceed 2 percent of the total amount handled by satellite wagering facilities. -(h) The board shall reserve the right to adjudicate any disputes that arise regarding costs or other matters relating to the furnishing of offsite stabling or vanning. Notwithstanding any other law, the board shall maintain all powers necessary and proper to ensure that offsite stabling and vanning, as provided for in this chapter, is conducted in a manner that protects the public and serves the best interests of horse racing.","(1) The Horse Racing Law requires, when satellite wagering is conducted on thoroughbred races at associations or fairs in the northern, central, or southern zone, that an amount not to exceed 1.25% of the total amount handled by all of those satellite wagering facilities be deducted from the funds otherwise allocated for distribution as commissions, purses, and owners’ premiums and instead be distributed to an organization formed and operated by thoroughbred racing associations, fairs conducting thoroughbred racing, and the organization representing thoroughbred horsemen and horsewomen, to administer a fund to provide reimbursement for offsite stabling at California Horse Racing Board-approved auxiliary training facilities for additional stalls beyond the number of usable stalls the association or fair is required to make available and maintain, and for the vanning of starters from these additional stalls on racing days for thoroughbred horses. -This bill would increase the amount that is required to be deducted to an amount not to exceed 2% in the northern, central, and southern zones, and would provide that this amount in the northern zone, if adjusted by the board, may be a different percentage of the handle for different associations and fairs, but only if all the associations and fairs agree to the differing percentages. The bill would establish an auxiliary offsite stabling and training facility and vanning program for thoroughbred races in the northern, central, and southern zones. The bill would revise and recast the provisions governing the organization formed and operated to administer the fund to include, among other things, a 50-50 percentage allocation of specified voting interests on the board of the organization, the use of funds to pay the organization’s eral, or southern zone from a board-approved auxiliary offsite stabling and training facility and would authorize the organization to enter into multiyear contracts for auxiliary facilities in the northern, central, or southern zone subject to specified conditions. The bill would authorize the organization to use the funds to pay back commissions, purses, and owners’ premiums to the extent that the deductions made exceed in any year the amount of the funds necessary to achieve the objectives of the organization. The bill would also authorize a thoroughbred racing association or fair in the northern zone to opt out of the auxiliary offsite stabling and training facility and vanning program, as specified. The bill would provide that the board shall reserve the right to adjudicate any disputes that arise regarding costs, or other matters, relating to the furnishing of offsite stabling or vanning, as specified. -(2) By expanding the provisions of the Horse Racing Law, a violation of which is a crime, the bill would create new crimes and would thereby impose a state-mandated local program. -(3)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -(4) This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 19607, 19607.1, 19607.2, and 19607.3 of the Business and Professions Code, relating to horse racing, and declaring the urgency thereof, to take effect immediately." -993,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) It is the intent of the Legislature in enacting this act to encourage counties that establish and operate jail industries to provide a program that will increase the likelihood of inmate success upon release and to decrease recidivism by obtaining long-term high-paying jobs. -(b) It is also the intent of the Legislature, upon the implementation of the jail industry program, that small businesses and disabled veteran businesses be provided every opportunity to have equal and competitive opportunities to provide goods and services to facilitate the operations of the county-run jail facilities. -SEC. 2. -The heading of Chapter 2.5 (commencing with Section 4325) of Title 4 of Part 3 of the Penal Code is amended to read: -CHAPTER 2.5. Jail Industry Authority -SEC. 3. -Section 4325 of the Penal Code is repealed. -SEC. 4. -Section 4325 is added to the Penal Code, to read: -4325. -(a) The board of supervisors of the Counties of Lake, Los Angeles, Madera, Sacramento, San Diego, San Joaquin, San Luis Obispo, Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura may authorize, by ordinance or resolution, the sheriff or county director of corrections to create a Jail Industry Authority within the county jail system. -(b) The purpose of the Jail Industry Authority includes all of the following: -(1) To develop and operate industrial, agricultural, or service enterprises or programs employing prisoners in county correctional facilities under the jurisdiction of the sheriff or county director of corrections. -(2) To create and maintain working conditions within the enterprises or programs as similar as possible to those that prevail in private industry. -(3) To ensure prisoners have the opportunity to work productively and earn funds, if approved by the board of supervisors pursuant to Section 4019.3, and to acquire or improve effective work habits and occupational skills. -(4) To allow inmates who participate in the enterprise or program the opportunity to earn additional time credits allowed under Section 4019.1 or 4019.4, if authorized by the sheriff or county director of corrections. -(5) To operate a work program for inmates in county correctional facilities that will ultimately be self-supporting by generating sufficient funds from the sale of products and services to pay all the expenses of the program and that will provide goods and services that are or will be used by the county correctional facilities, thereby reducing the cost of its operation. -SEC. 5. -Section 4326 of the Penal Code is repealed. -SEC. 6. -Section 4327 of the Penal Code is amended to read: -4327. -Upon the establishment of the Jail Industry Program or Jail Industry Authority, the board of supervisors shall establish a Jail Industries Fund, which may be a revolving fund, for funding the operations of the program. All jail industry income shall be deposited in, and any prisoner compensation shall be paid to the account of the prisoner from, the Jail Industries Fund. -SEC. 7. -Section 4329 of the Penal Code is repealed. -SEC. 8. -Section 4497.50 of the Penal Code is amended to read: -4497.50. -In order to be eligible to receive funds derived from the issuance of General Obligation Bonds under the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988, a county or city and county shall do all of the following: -(a) In the design and planning of facilities whose construction, reconstruction, or remodeling is financed under the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988, products for construction, renovation, equipment, and furnishings produced and sold by the Prison Industry Authority or local Jail Industry Authorities shall be utilized in the plans and specifications unless the county or city and county demonstrates either of the following to the satisfaction of the Board of State and Community Corrections or the Department of Corrections and Rehabilitation, Division of Juvenile Justice. -(1) The products cannot be produced and delivered without causing delay to the construction of the property. -(2) The products are not suitable for the facility or competitively priced and cannot otherwise be reasonably adapted. -(b) Counties and cities and counties shall consult with the staff of the Prison Industry Authority or local Jail Industry Authority to develop new products and adapt existing products to their needs. -(c) The Board of State and Community Corrections or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall not enter into any contract with any county or city and county until that county’s or city and county’s plan for purchase from and consultation with the Prison Industry Authority or local jail industry program is reviewed and approved by the Board of State and Community Corrections or the Department of Corrections and Rehabilitation, Division of Juvenile Justice. -SEC. 9. -Section 4497.52 of the Penal Code is amended to read: -4497.52. -Notwithstanding any other provision of law, a county or city and county may contract for the purchase of products as specified in Section 4497.50 with the Prison Industry Authority or local Jail Industry Authority without the formality of obtaining bids or otherwise complying with provisions of the Public Contract Code. -SEC. 10. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of the Counties of Lake, Los Angeles, Madera, Sacramento, San Diego, San Joaquin, San Luis Obispo, Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura.","Existing law authorizes the board of supervisors in specified counties, as part of a pilot jail industry program not to exceed 4 years, to establish, with the concurrence of the county sheriff, a Jail Industry Commission for that county. Existing law also requires the county board of supervisors, upon the establishment of a commission, to create a Jail Industries Fund, as specified, which may be used to fund specified purposes. Existing law specifies the composition of these commissions. -This bill would repeal the authorization to create a Jail Industry Commission as a pilot program, and would instead authorize the board of supervisors of the Counties of Lake, Los Angeles, Madera, Sacramento, San Diego, San Joaquin, San Luis Obispo, Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura to authorize the county sheriff or county director of corrections to create a Jail Industry Authority, as specified. The bill would also make conforming changes. -This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Lake, Los Angeles, Madera, Sacramento, San Diego, San Joaquin, San Luis Obispo, Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura.","An act to amend Sections 4327, 4497.50, and 4497.52 of, to amend the heading of Chapter 2.5 (commencing with Section 4325) of Title 4 of Part 3 of, to repeal Sections 4326 and 4329 of, and to repeal and add Section 4325 of, the Penal Code, relating to jails." -994,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Students, faculty, health practitioners, and college administrators are reporting increased rates of mental health needs by students attending public colleges in California. -(b) One in four students has a diagnosable mental illness and 40 percent of students do not seek mental health services when they need it. -(c) Eight out of 10 people who experience psychosis have their first episode between 15 and 30 years of age. -(d) The demand for mental health services by public college students far outpaces the ability of colleges to provide them. California public college campuses and higher education systems do not meet national staffing standards for psychiatric services and other mental health professionals. -(e) The lack of services directly impacts college students’ success and academic performance as well as their ability to develop socially as productive members of society. -(f) The effects of untreated mental health needs are long lasting and can include college students dropping out of school, experiencing homelessness, and dying of suicide. -(g) One in 10 college students has considered suicide and suicide is the second leading cause of death among college students, claiming more than 1,100 lives every year nationally. -(h) Research shows that for each dollar invested in student prevention and early intervention mental health services, California will see a return of at least $6 and up to $11 as a result of more students graduating. -(i) Under the Prevention and Early Intervention component of the Mental Health Services Act, subdivision (b) of Section 3706 of Title 9 of the California Code of Regulations states that at least 51 percent of the Prevention and Early Intervention Fund shall be used to serve individuals who are 25 years old or younger. -(j) Since the approval of the Mental Health Services Act in 2004, there has been limited interaction between college campuses and county mental health departments. It is the purpose of this act to foster partnerships between counties and college campuses to better address the mental health needs of their students. -SEC. 2. -Part 3.3 (commencing with Section 5832) is added to Division 5 of the Welfare and Institutions Code, to read: -PART 3.3. College Mental Health Services Program -5832. -This part shall be known, and may be cited, as the College Mental Health Services Program Act. -5832.1. -Moneys shall be available, upon appropriation by the Legislature, to the Mental Health Services Oversight and Accountability Commission to fund the grant program established pursuant to this part. -5832.2. -(a) The commission shall create a grant program for public community colleges, colleges, and universities, in collaboration with county behavioral health departments, to improve access to mental health services and early identification or intervention programs. The commission shall establish grant program guidelines and shall develop a request for application (RFA). The RFA shall include, but not be limited to, all of the following: -(1) Eligibility standards of applicants in order to qualify to be considered for a grant award. -(2) Required program components to be included in the grant application, which may include, but are not limited to: -(A) The ability of the program to meet the needs of students that cannot be met through existing funds. -(B) The ability of the program to fund the matching component required by subdivision (f). -(C) The ability of the campus, in partnership with the local county, to establish direct linkages for students to community-based mental health services. -(D) The ability of the campus to address direct services including, but not limited to, increasing staff to student ratios and decreasing wait times. -(E) The ability to participate in evidence-based and community-defined best practice programs for mental health services improvements. -(3) Preferred program components to be included in the grant application, which may include, but are not limited to: -(A) The ability of the campus to serve underserved and vulnerable populations. -(B) The ability of the campus, in partnership with the local county, to establish direct linkages for students to community-based mental health services for which reimbursement is available through the students’ health coverage. -(C) The ability of the campus to reduce racial disparities in access to mental health services. -(D) The ability of the campus to fund mental health stigma reduction activities. -(E) The ability of the campus to provide employees and students with education and training on early identification, intervention, and referral of students with mental health needs. -(F) The ability of the campus to screen students receiving other health care services and provide linkages to services from the appropriate mental health provider based on the health insurance status of that student, for those students who are shown to have a need for services. -(G) Evidence of an existing or planned partnership between the campus and the county behavioral health department to address complex mental health needs of students based on their health insurance status and based on the extent to which there are students whose needs cannot be met through their health plan, health insurance, or Medi-Cal. -(H) Evidence of an existing or planned partnership between the campus and local safety net providers to ensure linkages to primary care and community-based mental health care, regardless of the health insurance status of the student. -(4) Articulation of grant program goals and expected outcomes. -(5) Required reporting and evaluation standards to be met by applicants that are selected for a grant award. -(6) Timelines and deadlines for grant applications and anticipated funding award determinations. -(b) Colleges, in collaboration with their local county behavioral health department, shall submit their grant application to the commission according to the guidelines adopted pursuant to subdivision (a). -(c) To the extent that an application follows the guidelines adopted pursuant to subdivision (a) and specifically states what activities shall be undertaken in accordance with those guidelines, the commission shall have the authority to approve grant programs and shall award funding. -(d) Grants may be awarded to a community college district in the California Community College system, a campus within the California State University system, or a campus within the University of California system, or a grouping of campuses within the segments. -(e) Total available grant funding to colleges by segment shall be proportional to the number of students served by that segment but, in no case shall the commission award more than five million dollars ($5,000,000) per campus, per application. -(f) Grants shall only be awarded to a campus or campuses that can show a dollar-for-dollar match of funds or another match to be determined by the commission, in consultation with the applicant, based on resources and existing mental health needs of students from the campus or campuses. Matching funds can include in-kind funds, student health fee funds after notification to the student association, and other appropriate funds as determined by the commission and pursuant to the guidelines adopted pursuant to subdivision (a). -(g) Grants shall be awarded to applicants on a competitive basis based on their ability to meet the application standards and prioritization of these standards as determined by the commission through the development of the RFA guidelines adopted pursuant to subdivision (a). -(h) Individual grant award allocations shall be expended over at least one year but not to exceed three years, as determined by the commission through the grant award process. -(i) Administrative costs associated with administering an approved program shall be limited to 5 percent of the total grant amount for any grantee. Administrative costs incurred by the commission to administer this program shall not exceed 5 percent of the total funds annually. -(j) The funding provided pursuant to this part shall not be used to supplant existing campus, state, or county funds utilized to provide mental health services. -(k) The commission shall provide technical assistance to smaller colleges and county behavioral health departments upon request during the application process to ensure equitable distribution of the grant award. -5832.3. -(a) Community colleges, campuses in the California State University, and campuses in the University of California system that have been awarded grants pursuant to this part shall report annually on the use of grant funds to the commission and post the annual report on the use of the funds on their Internet Web sites. This report shall include, but not be limited to, all of the following: -(1) How grant funds and matching funds are being used. -(2) Available evaluation data, including outcomes of the campus mental health programs funded pursuant to the grant program. -(3) Program information regarding services being offered and the number of individuals being served. -(4) Plans for sustainability of mental health programming beyond the funding from this part. -(b) The campuses shall electronically submit the reports required pursuant to subdivision (a), annually, to the appropriate Chancellor’s offices and the University of California Office of the President. -5832.4. -(a) Upon an appropriation of funds for the purposes of this section, the commission shall contract with a public or private research university or institute in this state to evaluate the program. The commission shall develop the research design and issue a request for proposal for a contract for the evaluation, with the assistance of the Department of Finance. The commission shall develop an evaluation plan to assess the impact of the program. -(b) The commission shall submit the final research design and request for proposal required by subdivision (a) to the chairperson of the Joint Legislative Budget Committee no more 30 days prior to executing a contract for the evaluation. -(c) The commission, in compliance with Section 9795 of the Government Code, shall submit the evaluation established in subdivision (a) to the Legislature by February 1, 2019, and annually thereafter by no later than February 1 of each year, evaluating the impact of the program and providing recommendations for further implementation. The commission shall make the report available to the public and shall post the report on its Internet Web site. The report shall include, but not be limited to, the following: -(1) A financial accounting of all funds awarded, disbursed to grant recipients, and remaining to be allocated. -(2) Available evaluation data, including outcomes of the mental health programs funded pursuant to the grant program. -(3) Program information regarding services being offered and the number of individuals being served. -(4) Plans for sustainability of mental health programming beyond the funding from the grant program. -(5) A financial accounting of all administrative expenditures by the commission. -5832.5. -This part shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.","Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services, as specified. Existing law provides for the operation and administration of various mental health programs at a statewide and county level, as specified. -This bill, until January 1, 2022, would require the Mental Health Services Oversight and Accountability Commission, subject to appropriation by the Legislature, to create a grant program for public community colleges, colleges, and universities for purposes of improving access to mental health services on those campuses, as specified. The bill would require campuses that have been awarded grants under these provisions to report annually on the use of those grant funds and to post that information on their Internet Web sites. The bill would also require the commission to submit a report to the Legislature evaluating the impact of the program, as specified. The bill would require that evaluation to be conducted by a public or private research university or institute in this state and would require the Department of Finance to assist the commission in issuing a request for proposal for that contract.","An act to add and repeal Part 3.3 (commencing with Section 5832) of Division 5 of the Welfare and Institutions Code, relating to mental health." -995,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 7 (commencing with Section 87200) is added to Chapter 1 of Part 51 of Division 7 of Title 3 of the Education Code, to read: -Article 7. Mandated Child Abuse Reporting Employee Training Act of 2016 -87200. -This article shall be known, and may be cited, as the Mandated Child Abuse Reporting Employee Training Act of 2016. -87201. -The Mandated Child Abuse Reporting Employee Training Act of 2016 is hereby established to provide training to each employee and administrator of a community college district who is a mandated reporter, as defined in subdivision (a) of Section 11165.7 of the Penal Code, regarding the detection and reporting of child abuse. -87202. -(a) The governing board of each community college district shall do -both -all -of the following: -(1) Provide annual training, using the online training module developed by the State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, on the detection and reporting of child abuse pursuant to Section 44691, or as provided in subdivision (b), to employees and administrators of the district who are mandated reporters, as defined in subdivision (a) of Section 11165.7 of the Penal Code, pursuant to this section and subdivision (h) of Section 11165.7 of the Penal Code on the mandated reporting requirements. Mandated reporter training shall be provided to employees and administrators of the district hired during the course of the school year. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine. -(2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each academic year or within the first six weeks of that person’s employment. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board of the community college district. A person employed by more than one community college district or by more than one college in a single community college district shall only be required to receive the training required pursuant to this section one time in each academic year. -(3) Develop a process to identify the students who are minors enrolled in classes at the community college district and provide that information only to faculty members and other employees who are mandated reporters. The community college district shall provide the information to the employees based upon any records that the community college district maintains in its ordinary course of business regarding a student described in this paragraph. Any information received by an employee pursuant to this paragraph shall be kept confidential and shall not be further disseminated by the employee. -(b) Community college districts that do not use the online training module shall report to the State Department of Education and to the Office of the Chancellor of the California Community Colleges the training being used in its place. -SEC. 2. -Section 11165.7 of the Penal Code is amended to read: -11165.7. -(a) As used in this article, “mandated reporter” is defined as any of the following: -(1) A teacher. -(2) An instructional aide. -(3) A teacher’s aide or teacher’s assistant employed by a public or private school. -(4) A classified employee of a public school. -(5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school. -(6) An administrator of a public or private day camp. -(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization. -(8) An administrator or employee of a public or private organization whose duties require direct contact and supervision of children. -(9) An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis. -(10) A licensee, an administrator, or an employee of a licensed community care or child day care facility. -(11) A Head Start program teacher. -(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11. -(13) A public assistance worker. -(14) An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities. -(15) A social worker, probation officer, or parole officer. -(16) An employee of a school district police or security department. -(17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school. -(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor. -(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section. -(20) A firefighter, except for volunteer firefighters. -(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code. -(22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code. -(23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code. -(24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code. -(25) An unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code. -(26) A state or county public health employee who treats a minor for venereal disease or any other condition. -(27) A coroner. -(28) A medical examiner or other person who performs autopsies. -(29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, “commercial film and photographic print or image processor” means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency. -(30) A child visitation monitor. As used in this article, “child visitation monitor” means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law. -(31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings: -(A) “Animal control officer” means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations. -(B) “Humane society officer” means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code. -(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, “clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization. -(33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166. -(34) An employee of any police department, county sheriff’s department, county probation department, or county welfare department. -(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court. -(36) A custodial officer, as defined in Section 831.5. -(37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code. -(38) An alcohol and drug counselor. As used in this article, an “alcohol and drug counselor” is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect. -(39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code. -(40) A clinical counselor intern registered under Section 4999.42 of the Business and Professions Code. -(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institution’s premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code. -(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive. -(43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, “commercial computer technician” means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code. -(B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172. -(44) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions. -(b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9. -(c) Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5. -(d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting. -(e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility. -(2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting. -(f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article. -(g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect. -(h) Pursuant to Section 87202 of the Education Code, community college districts shall annually train their employees and administrators specified in paragraph (41) of subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes them to operate campuses and provide instruction to students. -The Child Abuse and Neglect Reporting Act requires a mandated reporter, which includes a specified employee or administrator of a community college district, to report whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of or has observed a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. -This bill would establish the Mandated Child Abuse Reporting Employee Training Act of 2016, which would require each governing board of a community college district to: (1) annually train, using the online training module developed by the State Department of Education, or other training, as specified, employees and administrators of the district who are mandated reporters on the mandated reporting requirements, as specified; -and -(2) develop a process for those persons required to receive training under the bill to provide proof of completing this training within the first 6 weeks of each academic year or within 6 weeks of that person’s -employment. -employment; and (3) develop a process to identify the students who are minors enrolled in classes at the community college district and provide that information only to faculty members and other employees who are mandated reporters, as specified. -The bill would provide that a person employed by more than one community college district or by more than one college in a single community college district is only required to receive the required training one time in each academic year. By imposing new duties on community college districts, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Article 7 (commencing with Section 87200) to Chapter 1 of Part 51 of Division 7 of Title 3 of the Education Code, and to amend Section 11165.7 of the Penal Code, relating to community colleges." -996,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 111070.5 is added to the Health and Safety Code, to read: -111070.5. -(a) “Advanced purified demonstration water” means product water from an advanced water purification facility that satisfies both of the following requirements: -(1) The product water is treated by all of the following treatment processes: -(A) Microfiltration, ultrafiltration, or other filtration process that removes particulates before reverse osmosis. -(B) Reverse osmosis. -(C) Advanced oxidation. -(2) The product water meets or exceeds all federal and state drinking water standards and is produced in accordance with the advanced treatment criteria for purified water specified in Section 60320.201 of Title 22 of the California Code of Regulations. -(b) A bottler of advanced purified demonstration water shall do all of the following: -(1) Submit sample labels to the department for review at least 30 days before bottling advanced purified demonstration water. -(2) Submit the analyses of the advanced purified demonstration water required under subdivision (e) of Section 13570 of the Water Code to the department at least seven days before bottling advanced purified demonstration water. -(3) Conduct a full sanitation of the bottling and filling equipment immediately after bottling advance purified demonstration water. -SEC. 2. -Section 13570 is added to the Water Code, to read: -13570. -(a) As used in this section, “advanced purified demonstration water” means product water from an advanced water purification facility that satisfies both of the following requirements: -(1) The product water is treated by means of all of the following treatment processes: -(A) Microfiltration, ultrafiltration, or other filtration processes to remove particulates before reverse osmosis. -(B) Reverse osmosis. -(C) Advanced oxidation. -(2) The product water meets or exceeds all federal and state drinking water standards and is produced in accordance with the advanced treatment criteria for purified water specified in Section 60320.201 of Title 22 of the California Code of Regulations. -(b) As used in this section, “advanced water purification facility” means a water recycling treatment plant that produces advanced purified demonstration water in accordance with the advanced treatment criteria specified in Section 60320.201 of Title 22 of the California Code of Regulations. -(c) As used in this section, “batch” means an increment of advanced purified treatment water that has completed the treatment process, is separate from incoming water, and is not receiving any additional source water. -(d) Except as expressly set forth in this section, the operator of an advanced water purification facility may cause advanced purified demonstration water to be bottled and distributed as samples for educational purposes and to promote water recycling, without complying with the requirements of Article 12 (commencing with Section 111070) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. The volume of advanced purified demonstration water in each bottle shall not exceed eight ounces. -(e) Any operator of an advanced water purification facility seeking to bottle advanced purified demonstration water shall collect water samples from the batch prior to the commencement of the bottling process, and test that batch in accordance with Section 111165 of the Health and Safety Code. Advanced purified demonstration water shall not be distributed unless the following requirements are met: -(1) The water meets or exceeds all federal and state drinking water standards, including all maximum contaminant levels applicable to public drinking water systems. -(2) The advanced water purification facility meets or exceeds all purification requirements imposed by regulatory agencies to produce the advanced purified demonstration water, including the removal of constituents of emerging concern where the removal is otherwise required of an advanced water purification facility. -(3) The water is produced using a treatment process that is consistent with the advanced treatment criteria for purified water specified in Section 60320.201 of Title 22 of the California Code of Regulations and, if established by the state board, in accordance with any uniform statewide water recycling criteria developed for the direct potable reuse of recycled water. -(f) (1) Advanced purified demonstration water may be bottled only at a licensed water-bottling plant in compliance with Sections 111070.5, 111080, 111120, 111145, and 111155 of the Health and Safety Code. -(2) Before bottling advanced purified demonstration water, an advanced water purification facility shall follow all pretreatment and labeling regulations for water bottling, including the requirements described in Section 111070.5 of the Health and Safety Code and the requirements for bottled water and vended water pursuant to Section 111080 of the Health and Safety Code. -(g) Advanced purified demonstration water shall be handled from the point of production to the completion of bottling in accordance with all regulations governing the transportation, bottling, labeling, and handling of bottled water, as defined in subdivision (a) of Section 111070 of the Health and Safety Code, including, but not limited to, subdivisions (a), (b), (f), and (h) of Section 111075 of the Health and Safety Code and Section 111070.5 of the Health and Safety Code. A water-bottling plant that bottles advanced purified demonstration water in accordance with this section may also bottle potable water, subject to compliance with Article 12 (commencing with Section 111070) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. -(h) An advanced water purification facility shall not provide bottled advanced purified demonstration water to any person under 18 years of age without the consent of that person’s parent or legal guardian. -(i) An advanced water purification facility shall not provide advanced purified demonstration water for human consumption, as defined in Section 116275 of the Health and Safety Code, including, but not limited to, in bottles, to more than 25 individuals per day for 60 or more days in a calendar year. -(j) Advanced purified demonstration water shall be bottled in nonreturnable (one-way) bottles or packages with labels containing the following information in an easily readable format that complies with all of the following: -(1) The label shall state “sample water--not for sale” and “Advanced Purified Water Sourced From Wastewater.” -(2) The label shall set forth the name, address, telephone number, and Internet Web site of the operator of the facility producing the advanced purified demonstration water. -(3) The label shall include a brief description of the advanced purified demonstration water, including its source and the treatment processes to which the water is subjected. -(k) A single advanced water purification facility shall not cause more than 1,000 gallons of advanced purified demonstration water to be bottled in a calendar year. -(l) Advanced purified demonstration water shall not be sold or otherwise distributed in exchange for financial consideration. -(m) Any operator of an advanced water purification facility seeking to bottle advanced purified demonstration water shall establish a collection and recycling program for distributed bottles. -(n) The operator of an advanced water purification facility that is bottling advanced purified demonstration water shall do all of the following: -(1) Maintain a daily record of the number of individuals to whom advanced purified demonstration water is distributed, served, made available, or otherwise provided, including, but not limited to, from a bottle. -(2) Compile a report of all daily records described in paragraph (1) for each calendar year. -(3) Certify under penalty of perjury that the report is accurate. -(4) Provide the report within 45 days of the end of the calendar year for which the report was made to the deputy director of the Division of Drinking Water of the State Water Resources Control Board. -(o) This section does not exempt an advanced water purification facility from any standard for bottling water imposed pursuant to federal law. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires the State Department of Public Health to, on or before December 31, 2013, adopt uniform water recycling criteria for indirect potable reuse for groundwater recharge and to investigate and, on or before December 31, 2016, report to the Legislature on the feasibility of developing uniform water recycling criteria for direct potable reuse. Existing law transferred these powers and responsibilities to the State Water Resources Control Board on July 1, 2014. -Under existing law, the State Department of Public Health licenses and regulates water bottlers, distributors, and vendors. Existing law prescribes various quality and labeling standards for bottled water and limits the levels of certain contaminants that may be contained in those water products. Violation of these provisions is a crime. -This bill would authorize the operator of an advanced water purification facility to cause advanced purified demonstration water to be bottled and distributed as samples for educational purposes and to promote water recycling, as specified. The bill would prohibit the advanced purified demonstration water in each bottle from exceeding 8 ounces and would prohibit that water from being distributed unless the water, among other requirements, meets or exceeds all federal and state drinking water standards. The bill would authorize advanced purified demonstration water to be bottled at a licensed water-bottling plant in compliance with specified provisions. The bill would further establish bottling and labeling requirements for advanced purified demonstration water and would prohibit a facility from causing more than 1,000 gallons of the water to be bottled in a calendar year. The bill would require an operator of an advanced water purification facility seeking to bottle advanced purified demonstration water to establish a collection and recycling program for distributed bottles. The bill would require the operator to maintain a daily record of the number of individuals to whom the water is distributed, served, made available, or otherwise distributed and to submit a report based on those records, as specified and under penalty of perjury, to the state board. By creating a new crime, this bill would impose a state-mandated local program. -This bill would require a bottler of advanced purified demonstration water to submit sample labels and specified analyses of the advanced purified demonstration water to the department and to conduct a full sanitation of the bottling and filling equipment immediately after bottling advanced purified demonstration water. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 111070.5 to the Health and Safety Code, and to add Section 13570 to the Water Code, relating to water." -997,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7312 of the Business and Professions Code is amended to read: -7312. -(a) The board shall do all of the following: -(1) Make rules and regulations in aid or furtherance of this chapter in accordance with the Administrative Procedure Act. -(2) Conduct and administer examinations of applicants for licensure. -(3) Issue licenses to those applicants that may be entitled thereto. -(4) Discipline persons who have been determined to be in violation of this chapter or the regulations adopted pursuant to this chapter. -(5) Adopt rules governing sanitary conditions and precautions to be employed as are reasonably necessary to protect the public health and safety in establishments, schools approved by the board, and in the practice of any profession provided for in this chapter. The rules shall be adopted in accordance with the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Title 2 of the Government Code, and shall be submitted to the State Department of Public Health and approved by that department prior to filing with the Secretary of State. A written copy of all those rules shall be furnished to each licensee. -(6) Offer and make available all written materials provided to licensees and applicants in English, Korean, Spanish, and Vietnamese. -(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017. -SEC. 2. -Section 7314 of the Business and Professions Code is amended to read: -7314. -(a) The board shall keep a record of its proceedings relating to its public meetings, meetings of committees, and records relating to the issuance, refusal, renewal, suspension, and revocation of licenses. -(b) The board shall keep a registration record of each licensee containing the name, address, license number, and date issued. This record shall also contain any facts that the applicants may have stated in their application for examination for licensure. The board shall collect, through optional questions on a written application for a license and in an electronic application to renew a license issued pursuant to this chapter, the spoken and written language preference of each applicant. -(c) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017. -SEC. 3. -Section 7314.3 of the Business and Professions Code is amended to read: -7314.3. -(a) The board shall establish a Health and Safety Advisory Committee to provide the board with advice and recommendations on health and safety issues before the board that impact licensees, including how to ensure licensees are aware of basic labor laws. Basic labor laws include, but are not limited to, all of the following: -(1) Key differences between the legal rights, benefits, and obligations of an employee and an independent contractor. -(2) Wage and hour rights for hourly employees. -(3) Antidiscrimination laws relating to the use of a particular language in the workplace. -(4) Antiretaliation laws relating to a worker’s right to file complaints with the Department of Industrial Relations. -(5) How to obtain more information about state and federal labor laws. -(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017. -SEC. 4. -Section 7337 of the Business and Professions Code is amended to read: -7337. -(a) Every application for admission to examination and licensure shall be in writing, on forms prepared and furnished by the board. -(b) Each application shall be accompanied by the required fee, and shall contain proof of the qualifications of the applicant for examination and licensure. It shall be verified by the oath of the applicant and shall include a signed acknowledgment that the applicant understands his or her rights as a licensee as outlined in informational materials on basic labor laws, as specified in Section 7314.3, that the applicant is provided by the board with the application. Every applicant shall, as a condition of admittance to the examination facility, present satisfactory proof of identification. Satisfactory proof of identification shall be in the form of a valid, unexpired driver’s license or identification card, containing the photograph of the person to whom it was issued, issued by any state, federal, or other government entity. -(c) Every electronic application to renew a license shall include a signed acknowledgment that the renewal applicant understands his or her rights as a licensee as outlined in informational materials on basic labor laws, as specified in Section 7314.3, that the renewal applicant is provided by the board with the renewal application. -(d) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017. -SEC. 5. -Section 7347 of the Business and Professions Code is amended to read: -7347. -(a) Any person, firm, or corporation desiring to operate an establishment shall make an application to the bureau for a license accompanied by the fee prescribed by this chapter. The application shall be required whether the person, firm, or corporation is operating a new establishment or obtaining ownership of an existing establishment. The application shall include a signed acknowledgment that the applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, the applicant is provided by the board with the application. Every electronic application to renew a license shall include a signed acknowledgment that the renewal applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, that the renewal applicant is provided by the board with the renewal application. If the applicant is obtaining ownership of an existing establishment, the board may establish the fee in an amount less than the fee prescribed by this chapter. The applicant, if an individual, or each officer, director, and partner, if the applicant is other than an individual, shall not have committed acts or crimes which are grounds for denial of licensure in effect at the time the new application is submitted pursuant to Section 480. A license issued pursuant to this section shall authorize the operation of the establishment only at the location for which the license is issued. Operation of the establishment at any other location shall be unlawful unless a license for the new location has been obtained upon compliance with this section, applicable to the issuance of a license in the first instance. -(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017. -SEC. 6. -Section 7389 of the Business and Professions Code is amended to read: -7389. -(a) The board shall develop or adopt a health and safety course on hazardous substances and basic labor laws, as specified in Section 7314.3, which shall be taught in schools approved by the board. Course development shall include pilot testing of the course and training classes to prepare instructors to effectively use the course. -(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.","Existing law, the Barbering and Cosmetology Act, establishes the State Board of Barbering and Cosmetology for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices. Existing law requires the board to carry out a list of duties, including making rules and regulations, conducting and administering license examinations, issuing licenses to qualified applicants, and disciplining persons who violate the act. -This bill would require that the board offer and make available all written materials provided to licensees and applicants in English, Korean, Spanish, and Vietnamese. -Existing law requires the board to establish a Health and Safety Advisory Committee to provide the board with advice and recommendations on health and safety issues before the board. -This bill would specify that the health and safety issues are those that impact licensees, including how to ensure licensees are aware of basic labor laws, as specified. -Existing law requires every application for admission to examination and licensure to be verified by the oath of the applicant. -This bill would additionally require every application for admission to examination and licensure and every electronic application to renew a license to include a signed acknowledgment that the applicant understands his or her rights as a licensee as outlined in informational materials on basic labor laws that the applicant is provided by the board with the application or renewal application. -Existing law requires the licensure of any person, firm, or corporation operating an establishment engaged in a practice regulated by the board. Existing law requires a separate license for each location where the establishment operates. Existing law requires applicants to submit an application, accompanied by a prescribed fee. Existing law prohibits the board from issuing a license to any applicant who has committed specified acts or crimes which are grounds for denial of licensure in effect at the time the new application is submitted. -This bill would require, as part of a complete application for a license to operate an establishment, and an electronic application to renew a license to operate an establishment, a signed acknowledgment that the applicant understands the informational materials on basic labor laws the applicant is provided by the board with the application or renewal application and that establishments are responsible for compliance with any applicable labor laws of the state. -Existing law requires the board to keep a registration record of each licensee containing the name, address, license number, date issued, and any facts that the applicant may have stated in the application for examination for licensure. -This bill would require the board to collect, through optional questions on a written application for a license and in an electronic application to renew a license, the language preference of the applicant. -Existing law requires the board to admit to a licensing examination an applicant who meets certain qualifications, including having completed one or more courses, as specified, offered by a school approved by the board. Existing law requires the board to develop or adopt a health and safety course on hazardous substances that is required to be taught in schools approved by the board. Existing law requires course development to include pilot testing of the course and training classes to prepare instructors to effectively use the course. -This bill would require the health and safety course that the board is required to develop or adopt to additionally cover basic labor laws, as specified. -This bill’s provisions would become operative on July 1, 2017.","An act to amend Sections 7312, 7314, 7314.3, 7337, 7347, and 7389 of the Business and Professions Code, relating to professions and vocations." -998,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) facilitates the maintenance of a quality environment for the people of the state through identification of significant effects on the environment caused by a proposed project, consideration of alternatives, and implementation of feasible mitigation measures to reduce those effects. -(2) The act is premised on transparency in decisionmaking through public dissemination of information about a proposed project’s effect on the environment. -(3) The act empowers the public to challenge a project in court for failure to fully comply with the act’s exhaustive disclosure and mitigation requirements. -(4) Various entities are increasingly using litigation pursuant to the act for competitive purposes to either frustrate a competitor’s project or to extract concessions from a project proponent. -(5) Despite the focus on transparency and public disclosure in the decisionmaking process, shadow groups funded by unknown backers often threaten and bring litigation challenging proposed projects without being required to disclose who is funding the litigation or what financial interests those entities have related to the proposed project. -(6) Project opponents sometimes strategically use litigation to delay a project past its point of economic viability, thereby using litigation to stop projects that could not otherwise be stopped during the decisionmaking process. -(7) California Rules of Court require the disclosure of entities that fund the preparation and submission of amicus briefs to the court. -(8) The state and public have a compelling interest in the disclosure of the identities of entities that fund litigation under the act so they can better understand the identities of those organizations participating in the public decisionmaking process, determine whether the petitioner or plaintiff may be suing for competitive or other nonenvironmental purposes, and protect scarce judicial resources by deterring entities from using lawsuits for competitive or other nonenvironmental purposes. -(9) The courts have a compelling interest in disclosure to determine whether the plaintiff or petitioner is seeking to advance environmental, nonenvironmental, or a mix of environmental and nonenvironmental interests in filing an action pursuant to the act. -(b) It is the intent of the Legislature to require plaintiffs and petitioners bringing an action pursuant to the act to disclose those persons or entities who make contributions to fund the preparation of the petition and subsequent actions or proceedings and any financial interests they may have related to the proposed project. -SEC. 2. -Section 21175 is added to the Public Resources Code, to read: -21175. -(a) In an action or proceeding to attack, review, set aside, void, or annul any act or decision of a public agency on the grounds of noncompliance with this division, the plaintiff or petitioner shall include an affidavit identifying every person or entity who made a monetary contribution of one thousand dollars ($1,000) or more, or committed to contribute one thousand dollars ($1,000) or more, for the preparation of the petition and subsequent action or proceeding. -(b) The plaintiff or petitioner shall have a continuing obligation throughout the course of the proceeding to identify any person or entity that has made a single or multiple contributions or commitments, the sum of which is $1,000 or more, and that were intended to fund the action or proceeding. -(c) The disclosures required pursuant to subdivisions (a) and (b) shall also include the identity of any pecuniary or business interest that the person or entity has related to the proposed project. -(d) A plaintiff or petitioner may request the court’s permission to withhold the public disclosure of a contributor. The court may grant the request if it finds that the public interest in keeping that information confidential clearly outweighs the public interest in disclosure. -(e) A court may, upon its own motion or the motion of any party, take any action necessary to compel compliance with the requirements of this section, up to and including dismissal of the action or proceeding. -(f) An individual contributing funds to file an action or proceeding pursuant to this division in his or her individual capacity, and not as a representative for an organization or association, has the right to limit disclosure of his or her personal information to an in-camera review by the court. -(g) The information disclosed pursuant to this section may be used to enable a court to determine whether the financial burden of private enforcement supports the award of attorneys’ fees in actions or proceedings brought to enforce this division. -SECTION 1. -Section 21001.1 of the -Public Resources Code -is amended to read: -21001.1. -The Legislature further finds and declares that it is the policy of the state that projects to be carried out by public agencies be subject to the same level of review and consideration under this division as that required of private projects required to be approved by public agencies.","The California Environmental Quality Act requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. -Existing law declares the policy of the state that a project to be carried out by a public agency be subject to the same level of review and consideration under the act as that required of private projects required to be approved by public agencies. -The act authorizes specified entities to file and maintain with a court an action or proceeding to attack, review, set aside, void, or annul an act of a public agency on grounds of noncompliance with the requirements of the act. -This bill would make a technical, nonsubstantive change to those provisions. -This bill would require a plaintiff or petitioner, in an action brought pursuant to the act, to disclose the identity of a person or entity that contributes in excess of $1,000, as specified, toward the plaintiff’s or petitioner’s costs of the action. The bill also would require the plaintiff or petitioner to identify any pecuniary or business interest related to the project or issues involved in the action of any person or entity that contributes in excess of $1,000 to the costs of the action, as specified. The bill would provide that a failure to comply with these requirements may be grounds for dismissal of the action by the court.","An act to -amend Section 21001.1 of -add Section 21175 to -the Public Resources Code, relating to environmental quality." -999,"The people of the State of California do enact as follows: - - -SECTION 1. -Part 1.87 (commencing with Section 34191.30) is added to Division 24 of the Health and Safety Code, to read: -PART 1.87. Affordable Housing Special Beneficiary District -34191.30 -For purposes of this part, the following definitions shall apply: -(a) “Affordable housing” means a dwelling available for purchase or lease by persons and families who qualify as low or moderate income, as defined in Section 50093, very low income households, as defined in Section 50105, or extremely low income households, as defined in Section 50106. -(b) “Beneficiary district” is an affordable housing special beneficiary district established pursuant to this part that exists for a limited duration as a distinct local governmental entity for the express purposes of receiving rejected distributions of property tax revenues and providing financing assistance to promote affordable housing within its boundaries. -(c) “Distributions of property tax revenues” means all property tax revenues a city or county would be entitled to receive pursuant to Part 1.85 (commencing with Section 34170). -34191.35. -(a) Commencing when a successor entity, including a designated local authority established pursuant to subdivision (d) of Section 34173, receives a finding of completion pursuant to Section 34179.7, there exists, within the same geographical boundaries of the jurisdiction of that successor entity, an affordable housing special beneficiary district. -(b) (1) A beneficiary district shall cease to exist on the earlier of the 90th calendar day after the date the Department of Finance approves a request to dissolve the successor entity pursuant to Section 34187, or the 20th anniversary of the date that the successor entity received a finding of completion pursuant to Section 34179.7. On and after the date a beneficiary district ceases to exist, the beneficiary district shall not have the authority to conduct any business, including, but not limited to, taking any action or making any payment, and any funds of the beneficiary district shall automatically transfer to the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45 that were thereafter directed to the beneficiary district. -(2) Notwithstanding Section 34191.40, the terms of the members of the board of a beneficiary district shall expire on the date the beneficiary district ceases to exist. -(3) Any legal right of the beneficiary district on or after the date the beneficiary district ceases to exist, including, but not limited to, the right to repayment pursuant to a loan made by the beneficiary district, is the right of the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45 that was thereafter directed to the beneficiary district. -34191.40. -(a) A beneficiary district shall be governed by a board composed of the following five members: -(1) Three members of the city council, if a city formed the redevelopment agency, or three members of the board of supervisors, if a county formed the redevelopment agency. The three members shall be appointed by the city council or board of supervisors, as applicable. -(2) The treasurer of the city or county that formed the redevelopment agency. -(3) One member of the public who lives within the boundaries of the beneficiary district who is appointed by the city council or county board of supervisors of the city or county that formed the redevelopment agency. -(b) The board shall elect one of its members as the chairperson. -(c) Each member shall serve a term of four years from the date of his or her appointment. Vacancies on the board shall be filled by the appointing authority for a new four-year term. A member may be reappointed. -(d) Each member shall serve without compensation. -34191.45. -(a) Notwithstanding any other law, a city or county may by ordinance or resolution reject its distributions of property tax revenues that it would otherwise receive pursuant to Part 1.85 (commencing with Section 34170). Except as provided in subdivision (b) of Section 34191.35, on and after the date that a city or county rejects its distributions of property tax revenues, the city or county shall not have any claim to, or control over, the distributions of property tax revenues it may have otherwise received pursuant to Part 1.85 (commencing with Section 34170), and the county auditor-controller shall transfer all of the distributions of property tax revenues to the beneficiary district. -(b) This section shall not apply to any city, county, or city and county that formed a redevelopment agency if either of the following apply: -(1) The city, county, or city and county became the successor agency to the redevelopment agency and did not receive a finding of completion pursuant to Section 34179.7. -(2) The designated local authority of the redevelopment agency, formed pursuant to subdivision (d) of Section 34173, did not receive the finding of completion pursuant to Section 34179.7. -34191.50. -(a) A beneficiary district shall use any funds provided to it for the express purpose of promoting the development of affordable housing within its boundaries. -(b) A beneficiary district may promote the development of affordable housing by doing any of the following: -(1) Issuing bonds to be repaid from the distributions of property tax revenues directed to the beneficiary district. -(2) Providing financial assistance for the development of affordable housing, including, but not limited to, providing loans, grants, and other financial incentives and support. -(3) Taking other actions the board determines will promote the financing of the development of affordable housing within its boundaries. -(c) A beneficiary district shall not undertake any obligation that requires an action after the date it will cease to exist, including, but not limited to, issuing a bond that requires any repayment of the bond obligation after the date the beneficiary district will cease to exist. -34191.55. -(a) A beneficiary district shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). -(b) When a beneficiary district ceases to exist pursuant to subdivision (b) of Section 34191.35, a public record of the beneficiary district shall be the property of the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45.","Existing law requires, from February 1, 2012, to July 1, 2012, inclusive, and for each fiscal year thereafter, the county auditor-controller in each county to allocate property tax revenues in the county’s Redevelopment Property Tax Trust Fund, established to receive revenues equivalent to those that would have been allocated to former redevelopment agencies had those agencies not been dissolved, towards the payment of enforceable obligations and among entities that include, among others, a city, county, or city and county. -This bill would authorize a city or county to reject its allocations of property tax revenues that it would otherwise receive pursuant to specified statutory provisions governing the dissolution of redevelopment agencies. The bill would except from this authorization a city, county, or city and county that became the successor agency to the redevelopment agency and did not receive a finding of completion from the Department of Finance, as specified, and any designated local authority of a redevelopment agency, formed as specified, that did not receive the finding of completion from the Department of Finance. The bill would direct those rejected distributions of property tax revenues to an affordable housing special beneficiary district, established as a temporary and distinct local governmental entity for the express purposes of receiving rejected distributions of property tax revenues and providing financing assistance to promote affordable housing within its boundaries. The bill would require a beneficiary district to be governed by a 5-member board and comply with specified open meeting and public record laws. The bill would automatically require a beneficiary district to cease to exist on a specifically calculated date and prohibit a beneficiary district from undertaking any obligation that requires its action past that date. The bill would transfer any funds and public records of a beneficiary district remaining after the date the beneficiary district ceases to exist to the city or county that rejected its distributions of property tax revenues that were thereafter directed to that beneficiary district, as specified.","An act to add Part 1.87 (commencing with Section 34191.30) to Division 24 of the Health and Safety Code, relating to local government." -1000,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 56804 of the Government Code is amended to read: -56804. -For any proposal that includes a disincorporation, the executive officer shall prepare, or cause to be prepared by contract, a comprehensive fiscal analysis. This analysis shall become part of the report required pursuant to Section 56665. Data used for the analysis shall be from the most recent fiscal year for which data is available, preceding the issuances of the certificate of filing. When data requested by the executive officer in the notice to affected agencies, pursuant to paragraph (2) of subdivision (b) of Section 56658, is unavailable, the analysis shall document the source and methodology of the data used. The analysis shall review and document each of the following: -(a) The direct and indirect costs incurred by the city proposed for disincorporation for providing public services during the three fiscal years immediately preceding the submittal of the proposal for disincorporation. -(b) The direct and indirect costs incurred by the city proposed for disincorporation for current and proposed capital improvements, facilities, assets, and infrastructure. -(c) The sources of funding, if any, available to the entities proposed to assume the obligations of the city proposed for disincorporation. -(d) The anticipated costs, including all direct and indirect costs, to the entities proposed to assume the obligations of the city proposed for disincorporation in the provision of services to the area proposed for disincorporation. -(e) When determining costs, the executive officer shall also include all direct and indirect costs of any public services that are proposed to be transferred to state agencies for delivery. -(f) The revenues of the city proposed for disincorporation during the three fiscal years immediately preceding the initiation of the disincorporation proposal. -(g) All current and long-term liabilities, including, but not limited to, debt obligations, of the city proposed for disincorporation, including the balance of the restricted and unrestricted funds available to extinguish the obligations and liabilities. -(h) The potential financing mechanism or mechanisms to address any shortfalls and obligations for those responsibilities identified in this section, including, but not limited to, taxes or assessments. -(i) Any other information and analysis needed to make the findings required by Section 56770. -SEC. 2. -Section 56816 of the Government Code is amended to read: -56816. -(a) It is the intent of the Legislature that any proposal that includes the disincorporation of a city result in a determination that the debt or contractual obligations and responsibilities of the city being disincorporated shall be the responsibility of that same territory for repayment. To ascertain this information, the city shall provide a written statement that determines and certifies all of the following to the commission prior to the issuance of a certificate of filing for a disincorporation proposal, pursuant to Sections 56651 and 56658: -(1) The indebtedness of the city. -(2) The amount of money in the city’s treasury. -(3) The amount of any tax levy, assessment, or other obligation due to the city that is unpaid or has not been collected. -(4) The amount of current and future liabilities, both internal debt owed to other special or restricted funds or enterprise funds within the agency and external debt owed to other public agencies or outside lenders or that results from contractual obligations, which may include contracts for goods or services, retirement obligations, actuarially determined unfunded pension liability of all classes in a public retirement system, including any documentation related to the termination of public retirement contract provisions, and the liability for other postemployment benefits. The information required by this paragraph shall include any associated revenue stream for financing that may be or has been committed to that liability, including employee contributions. -(b) The city shall provide a written statement identifying the successor agency to the city’s former redevelopment agency, if any, pursuant to Section 34173 of the Health and Safety Code. -SEC. 3. -Section 57405 of the Government Code is amended to read: -57405. -If a tax or assessment has been levied by the disincorporated city and remains uncollected, the county tax collector shall collect it when due and pay it into the county treasury on behalf of the designated successor agency or county to wind up the affairs of the disincorporated city. -SEC. 4. -Section 57412 of the Government Code is amended to read: -57412. -The governing body of the successor shall provide for collection of debts due the city and wind up its affairs. Upon an order by the commission, the appropriate officer of the successor shall perform any act necessary for winding up the city affairs, with the same effect as if it had been performed by the proper city officer. -SEC. 5. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, requires the executive officer of a local agency formation commission to prepare a comprehensive fiscal analysis for any proposal that includes a disincorporation, as specified. Existing law requires the comprehensive fiscal analysis to include, among other things, a review and documentation of specified costs associated with the proposed disincorporation. -This bill would additionally require the comprehensive fiscal analysis to include a review and documentation of all current and long-term liabilities of the city proposed for disincorporation and the potential financing mechanism or mechanisms to address any identified shortfalls and obligations, as specified. -(2) The act states the intent of the Legislature that a proposal that includes a disincorporation of a city result in a determination that the debt or contractual obligations and responsibilities of the city being disincorporated be the responsibility of the same territory for repayment. To ascertain this information, the act requires the city being disincorporated to provide a written statement that includes specified information relating to its debts and contractual obligations. -This bill would additionally require that statement to include the amount of any assessment due the city that is unpaid or uncollected. -(3) The act requires the county tax collector to collect a tax that has been levied by the disincorporated city that remains uncollected. -This bill would additionally require the county tax collector to collect an assessment that has been levied by the disincorporated city that remains uncollected. By imposing new duties on local officials, this bill would impose a state-mandated local program. -(4) The act requires the board of supervisors to provide for the collection of debts due to a city being disincorporated and to wind up its affairs, as specified. -This bill would instead require the governing board of the successor to provide for the collection of debts due to the city and to wind up its affairs, as specified. -(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 56804, 56816, 57405, and 57412 of the Government Code, relating to local government." -1001,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 2.3 (commencing with Section 18890) is added to Division 8 of the Business and Professions Code, to read: -CHAPTER 2.3. Online Child Care Job Posting Services -18890. -For the purposes of this chapter, the following definitions apply: -(a) “Online child care job posting service” means any person or business that provides or offers to provide child care providers. -(b) “Background check service provider” means any person or business that provides or offers to provide background check services. -18890.2. -(a) (1) An online child care job posting service that provides online information about potential child care providers who are not required to be licensed in California shall include the following statement on its Internet Web site in California, which shall be accessible no more than one click away from the providers’ profile: - - -“Trustline is California’s official background check for license-exempt child care providers (i.e. babysitters and nannies) and the only authorized screening program in California with access to fingerprint records at the California Department of Justice and the Federal Bureau of Investigation and access to the California Child Abuse Central Index. The Trustline registry toll-free telephone number is 1–800–822–8490.” - - -(2) An online child care job posting service that provides online information in California about potential child care providers who are required to be licensed in California shall include the following statement on its Internet Web site in California, which shall be accessible no more than one click away from the providers’ profile: - - -“Pursuant to Section 1596.859 of the Health and Safety Code, parents have the right to receive information regarding any substantiated or inconclusive complaint about licensed child care providers. That information is public and can be acquired by visiting the California Department of Social Services’ Internet Web site at “www.ccld.ca.gov.”” - - -(b) If the online child care job posting service provides access to a background check for the child care providers listed on its Internet Web site in California, it shall provide, by means of a one-click link on each California child care provider profile for which background checks are offered, the written description of the background check provided to it, as described in subdivision (c). -(c) Background check service providers that provide background checks for online child care job posting services in California shall provide to the online child care job posting services a written description of the background checks conducted that includes at a minimum: -(1) A detailed description of what is included in the background check. -(2) A chart that lists each county in California and the databases that are checked for each county, including the following information for each database, as applicable: -(A) The source of the data, the name of the database used, and a brief description of the data included in the database. -(B) The date range of the oldest data and the most recent data included. -(C) How often the information is updated. -(D) How the databases are checked (by name, social security number, fingerprints, etc.). -(E) A list of the counties for which no data is available. -18890.4. -(a) An online child care job posting service or background check service provider that fails to comply with the requirements of this chapter may be liable for a civil penalty of one thousand dollars ($1,000) for each offense. The Attorney General, a city attorney, or a county counsel may bring an action to impose a civil penalty pursuant to this section after doing both of the following: -(1) Providing the online job posting service or background check service provider with reasonable notice of noncompliance. The notice shall inform the online job posting service or background check service provider that it will be subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the online job posting service or background check service provider. -(2) Verifying that the violation was not corrected within the 30-day period described in paragraph (1). -(b) The civil penalty shall be deposited into the General Fund if the action is brought by the Attorney General. If the action is brought by a city attorney, the civil penalty shall be paid to the treasurer of the city in which the judgment is entered. If the action is brought by a county counsel, the civil penalty shall be paid to the treasurer of the county in which the judgment is entered. -18890.6. -(a) In addition to the authority granted to the Attorney General, a city attorney, or a county counsel in Section 18890.4, an individual damaged by a willful violation of the provisions of this chapter may bring a civil cause of action against an online child care job posting service or background check service provider for damages, including, but not limited to, general damages, special damages, and punitive damages. -(b) The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper. -(c) The rights and remedies provided in this chapter are in addition to any other rights and remedies provided by law.","Existing law prohibits a person, firm, partnership, association, or corporation from operating, establishing, managing, conducting, or maintaining a child day care facility without a current valid license. -Existing law requires the Community Care Licensing Division of the State Department of Social Services to regulate child care licensees. Existing law requires the department to establish a registry of child care providers who are not required to be licensed, but who have undergone criminal background checks. These license-exempt providers are known as registered trustline child care providers. Existing law also requires a licensed child day care facility to make available to the public licensing reports and other licensing documents that pertain to a facility visit or a substantiated complaint investigation, among other licensing issues. -Existing law establishes in the State Treasury the Child Health and Safety Fund. Existing law authorizes the department to allocate these funds, upon appropriation by the Legislature, for purposes that include, among other things, technical assistance, orientation, training, and education of child day care facility providers. -This bill would require an online child care job posting service providing online information about nonlicensed potential child care providers to include a specified statement regarding the trustline registry on its Internet Web site in California. The bill would also require an online child care job posting service providing online information about licensed potential child care providers to include a statement regarding a parent’s right to specified complaint information on its Internet Web site in California. If an online child care job posting service provides access to a background check, the bill would require the service to include, on its Internet Web site in California, a written description of the background check provided by the background check service provider. The bill would make a background check service provider responsible for providing the online child care job posting service with certain information. The bill would authorize an online child care job posting service or background check service provider to be liable for a civil penalty for failing to comply with these requirements and would authorize the Attorney General, a city attorney, or a county counsel to bring such an action if certain requirements are met. The bill would also authorize an individual damaged by willful violation of these provisions to bring a civil cause of action for damages, as provided.","An act to add Chapter 2.3 (commencing with Section 18890) to Division 8 of the Business and Professions Code, relating to business." -1002,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1212 of the Health and Safety Code is amended to read: -1212. -(a) Any person, firm, association, partnership, or corporation desiring a license for a clinic or a special permit for special services under the provisions of this chapter, shall file with the department a verified application on forms prescribed and furnished by the department, containing the following: -(1) Evidence satisfactory to the department that the applicant is of reputable and responsible character. If the applicant is a firm, association, partnership, trust, corporation, or other artificial or legal entity, like evidence shall be submitted as to the members, partners, trustees or shareholders, directors, and officers thereof and as to the person who is to be the administrator of, and exercise control, management, and direction of the clinic for which application is made. -(2) If the applicant is a partnership, the name and principal business address of each partner, and, if any partner is a corporation, the name and principal business address of each officer and director of the corporation and name and business address of each stockholder owning 10 percent or more of the stock thereof. -(3) If the applicant is a corporation, the name and principal business address of each officer and director of the corporation, and if the applicant is a stock corporation, the name and principal business address of each stockholder holding 10 percent or more of the applicant’s stock and, if any stockholder is a corporation, the name and principal business address of each officer and director of the corporate stockholder. -(4) Evidence satisfactory to the department of the ability of the applicant to comply with the provisions of this chapter and rules and regulations promulgated under this chapter by the department. -(5) The name and address of the clinic, and if the applicant is a professional corporation, firm, partnership, or other form of organization, evidence that the applicant has complied with the requirements of the Business and Professions Code governing the use of fictitious names by practitioners of the healing arts. -(6) The name and address of the professional licentiate responsible for the professional activities of the clinic and the licentiate’s license number and professional experience. -(7) The class of clinic to be operated, the character and scope of advice and treatment to be provided, and a complete description of the building, its location, facilities, equipment, apparatus, and appliances to be furnished and used in the operation of the clinic. -(8) Sufficient operational data to allow the department to determine the class of clinic that the applicant proposes to operate and the initial license fee to be charged. -(9) Any other information as may be required by the department for the proper administration and enforcement of this chapter, including, but not limited to, evidence that the clinic has a written policy relating to the dissemination of the following information to patients: -(A) A summary of current state laws requiring child passenger restraint systems to be used when transporting children in motor vehicles. -(B) A listing of child passenger restraint system programs located within the county, as required by Section 27360 or 27362 of the Vehicle Code. -(C) Information describing the risks of death or serious injury associated with the failure to utilize a child passenger restraint system. -(b) (1) No application is required if a licensed primary care clinic adds a service that is not a special service, as defined in Section 1203, or any regulation adopted under that section, or remodels or modifies, or adds an additional physical plant maintained and operated on separate premises to, an existing primary care clinic site. However, the clinic shall notify the department, in writing, of the change in service or physical plant no less than 60 days prior to adding the service or remodeling or modifying, or adding an additional physical plant maintained and operated on a separate premises to, an existing primary care clinic site. Nothing in this subdivision shall be construed to limit the authority of the department to conduct an inspection at any time pursuant to Section 1227, in order to ensure compliance with, or to prevent a violation of, this chapter, or any regulation adopted under this chapter. -(2) If applicable city, county, or state law obligates the primary care clinic to obtain a building permit with respect to the remodeling or modification to be performed by the clinic, or the construction of a new physical plant, the primary care clinic shall provide a signed certification or statement as described in Section 1226.3 to the department within 60 days following completion of the remodeling, modification, or construction project covered by the building permit. -(c) In the course of fulfilling its obligations under Section 1221.09, the department shall ensure that any application form utilized by a primary care clinic, requiring information of the type specified in paragraph (1), (4), (8), or (9) of subdivision (a), is consistent with the requirements of Section 1225, including the requirement that rules and regulations for primary care clinics be separate and distinct from the rules and regulations for specialty clinics. Nothing in this section shall be construed to require the department to issue a separate application form for primary care clinics. -(d) (1) The department, upon written notification by a primary care clinic or an affiliate clinic of its intent to add an additional physical plant maintained and operated on separate premises, as described in paragraph (1) of subdivision (b) and upon payment of a licensing fee for each additional physical plant added, shall review the information provided in the notification, and if the information submitted is in compliance with the requirements specified in this subdivision, the department shall approve the additional physical plant within 30 days of all information being submitted and shall amend the primary care clinic or affiliate clinic’s license to include the additional physical plant as part of a single consolidated license. If the notification does not include the information required by this subdivision, the department shall notify the licensee of the need for additional information and shall not amend the license to add the additional physical plant until the additional information is received and reviewed by the department. -(2) Written notification shall include evidence that the primary care clinic or affiliate clinic is licensed in good standing and otherwise meets the criteria specified in this subdivision. In issuing the single consolidated license, the department shall specify the location of each physical plant. -(3) The written notification shall demonstrate compliance with all of the following criteria: -(A) There is a single governing body for all the facilities maintained and operated by the licensee. -(B) There is a single administration for all the facilities maintained and operated by the licensee. -(C) There is a single medical director for all the facilities maintained and operated by the licensee, with a single set of bylaws, rules, and regulations. -(D) The additional physical plant meets minimum construction standards of adequacy and safety for clinics found in the most recent version of the California Building Standards Code and prescribed by the Office of Statewide Health Planning and Development, as required in subdivision (b) of Section 1226. Compliance with the minimum construction standards of adequacy and safety may be established as specified in Section 1226.3. -(E) The additional physical plant meets fire clearance standards. -(4) The written notification required to be submitted pursuant to this subdivision shall include all of the following documentation: -(A) The name and address of the licensee’s corporation administrative office, including the name and contact information for the corporation’s chief executive officer or executive director. -(B) The name and address of, and the hours of operation and services provided by, the additional physical plant. -(C) A copy of any document confirming the corporation’s authority to control the additional physical plant. Examples of acceptable documentation include, but shall not be limited to, a lease or purchase agreement, grant deed, bill of sale, sublease, rental agreement, or memorandum of understanding between the owner of the property and the proposed licensee. -(5) A primary care clinic or an affiliate clinic may add additional physical plants pursuant to this section that are no more than one-half mile from the licensed clinic adding the additional physical plant under a consolidated license. -(6) Upon renewal of a consolidated license approved pursuant to this subdivision, a licensee fee shall be required for each additional physical plant approved on the license. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, the State Department of Public Health licenses and regulates primary care clinics, as defined. A violation of those provisions is a crime under existing law. Existing law authorizes a clinic corporation, on behalf of a primary care clinic that has held a valid, unrevoked, and unsuspended license for at least the immediately preceding 5 years, with no demonstrated history of repeated or uncorrected violations of specified provisions that pose immediate jeopardy to a patient, and that has no pending action to suspend or revoke its license, to file an affiliate clinic application to establish a primary care clinic at an additional site. Existing law provides that no application for licensure is required if a licensed primary care clinic adds a service that is not a special service, as defined, or remodels or modifies an existing primary care clinic site, but requires the clinic to notify the department of these events, as specified. -This bill would, among other things, expand that exception from licensure, and that notice requirement, to include a licensed primary care clinic or affiliate clinic that adds an additional physical plant maintained and operated on separate premises. The bill would require the department, upon written notification by a primary care clinic or affiliate clinic of its intent to add an additional physical plant maintained and operated on separate premises and upon payment of a licensing fee for each additional physical plant added, to review the information provided in the notification, and if the information submitted is in compliance with specified requirements, require the department to approve the additional physical plant within 30 days of all information being submitted, and to amend the primary care clinic or affiliate clinic’s license to include the additional physical plant as part of a single consolidated license. Because the bill would create a new crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 1212 of the Health and Safety Code, relating to clinics." -1003,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 18904.25 of the Welfare and Institutions Code is amended to read: -18904.25. -(a) Pursuant to the federal Stewart B. McKinney Homeless Assistance Act (Public Law 100-77), the department shall develop CalFresh information on expedited services targeted to the homeless population, including unaccompanied homeless children and youths, as those terms are defined in Section 11434a of Title 42 of the United States Code. The department shall also develop information on expedited services specified in Section 18914.5 for victims of domestic violence. This information shall be made available to homeless shelters, domestic violence shelters, emergency food programs, local educational agency liaisons for homeless children and youths, designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, and other community agencies who provide services to people who are homeless. -(b) Each county human services agency shall annually offer training on CalFresh application procedures to homeless shelter operators. That training shall include eligibility criteria and specific information regarding the eligibility of unaccompanied homeless children and youths. In addition, each county human services agency, upon request, shall provide homeless shelters and domestic violence shelters with a supply of that portion of the CalFresh application used to request CalFresh expedited service. -(c) Upon receipt of a signed CalFresh application from an unaccompanied child or youth under 18 years of age, the county human services agency shall determine eligibility for CalFresh benefits, including making a determination of whether the child or youth is eligible to apply as a household of one or if he or she must apply with members of a household with whom he or she is regularly purchasing and preparing foods, and screen the application for entitlement to expedited service pursuant to Section 18914. If the application of the child or youth for CalFresh benefits is denied, the county human services agency shall provide the child or youth a written notice explaining the reason for the denial. -SEC. 2. -Section 18914.5 is added to the Welfare and Institutions Code, to read: -18914.5. -(a) To the extent permitted by federal law, regulations, waivers, and directives, a resident of, or an individual on a waiting list to get into, a shelter for battered women and children who is currently included in a certified household that also contains the abuser, may apply for and, if otherwise eligible, shall be entitled to expedited services of an additional allotment of CalFresh benefits as a separate household. -(b) For purposes of this section, “shelter for battered women and children” has the same meaning as provided in Section 271.2 of Title 7 of the Code of Federal Regulations. -SEC. 3. -Section 18926.5 of the Welfare and Institutions Code is amended to read: -18926.5. -(a) For the purposes of this chapter, “CalFresh Employment and Training program” or “CalFresh E&T” means the program established under Section 6(d)(4)(B) of the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015), Section 273.7 of Title 7 of the Code of Federal Regulations, and associated administrative notices published by the United States Department of Agriculture with the purpose of assisting members of CalFresh households in gaining skills, training, work, or experience that will increase their ability to obtain regular employment. -(b) (1) A county that elects to participate in the CalFresh Employment and Training (CalFresh E&T) program, as authorized by the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015), shall screen CalFresh work registrants to determine whether they will participate in, or be deferred from, CalFresh E&T. If deferred, a CalFresh work registrant may request to enroll in CalFresh E&T as a voluntary participant. An individual shall be deferred from a mandatory placement in CalFresh E&T if he or she satisfies any of the criteria in Sections 273.7 and 273.24 of Title 7 of the Code of Federal Regulations, if he or she resides in a federally determined work surplus area, if he or she is a veteran who has been honorably discharged from the United States Armed Forces, or if he or she is a victim of domestic violence. -(2) For purposes of this section, “deferred” has the same meaning as exempt. -(c) (1) A county participating in CalFresh E&T shall be required to demonstrate in its CalFresh E&T plan how it is effectively using CalFresh E&T funds for each of the components that the county offers, including, but not limited to, any of the following: -(A) Self-initiated workfare. -(B) Work experience or training. -(C) Education. -(D) Job search. -(E) The support services or client reimbursements needed to participate in subparagraphs (A) to (D), inclusive, as allowed by federal law and guidance. -(2) Nothing in this section shall be construed to require a county to offer a particular component as a part of its CalFresh E&T plan. -(d) Nothing in this section shall limit a county’s ability to condition the receipt of nonmedical benefits under Section 17000 on an individual’s participation in an employment and training or workfare program of the county’s choice, even if that program is financed in whole or in part with CalFresh E&T funds or match funds. -(e) Nothing in this section shall restrict the use of federal funds for the financing of CalFresh E&T programs. -(f) Nothing in this section shall be construed to require a county to provide for workers’ compensation coverage for a CalFresh E&T participant. Notwithstanding Division 4 (commencing with Section 3200) of the Labor Code, a CalFresh E&T participant shall not be an employee for the purposes of workers’ compensation coverage, and a county shall have no duty to provide workers’ compensation coverage for a CalFresh E&T participant. -(g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this section by all-county letters or similar instructions. Thereafter, the department shall adopt regulations to implement this section by October 1, 2013. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal law authorizes a resident of a shelter for battered women and children, as defined, who is currently included in a certified household that also contains the abuser, to apply and, if otherwise eligible, receive an additional allotment of benefits as a separate household. Existing federal law requires a county human services agency to provide CalFresh expedited services to certain households. -This bill would, to the extent permitted by federal law, regulations, waivers, and directives, authorize a resident of, or an individual on a waiting list to get into, a shelter for battered women and children who is currently included in a certified household that also contains the abuser, to apply for, and, if otherwise eligible, would provide that the resident or individual is entitled to, expedited services of an additional allotment of CalFresh benefits as a separate household. By imposing additional duties on local officials, this bill would impose a state-mandated local program. -Existing law requires the State Department of Social Services to develop and make available to homeless shelters, among other locations, CalFresh information on expedited services targeted to the homeless population. Existing law requires each county welfare department, upon request, to provide homeless shelters with a supply of CalFresh applications used to request expedited CalFresh services, as specified. -This bill would additionally require the department to develop and make available to domestic violence shelters CalFresh information on expedited services targeted to victims of domestic violence. The bill would also require a county human services agency, upon request, to provide domestic violence shelters with a supply of CalFresh applications used to request expedited CalFresh services, as specified. By imposing additional duties on local officials, this bill would impose a state-mandated local program. -Existing law authorizes counties to participate in the CalFresh Employment and Training program (CalFresh E&T), established by federal law, and requires participating counties to screen CalFresh work registrants to determine whether they will participate in, or be deferred from, CalFresh E&T. Existing law defers from mandatory placement in CalFresh E&T specified individuals, including an individual who is a veteran who has been honorably discharged from the United States Army. -This bill would additionally defer from mandatory placement in CalFresh E&T, an individual who is a victim of domestic violence. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 18904.25 and 18926.5 of, and to add Section 18914.5 to, the Welfare and Institutions Code, relating to CalFresh." -1004,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 21608.5 of the Business and Professions Code is amended to read: -21608.5. -(a) A junk dealer or recycler in this state shall not provide payment for nonferrous material unless, in addition to meeting the written record requirements of Sections 21605 and 21606, all of the following requirements are met: -(1) The payment for the material is made by cash or check. The check may be mailed to the seller at the address provided pursuant to paragraph (3) or the cash or check may be collected by the seller from the junk dealer or recycler on or after the third business day after the date of sale. -(2) At the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller. -(3) (A) Except as provided in subparagraph (B), the junk dealer or recycler obtains a copy of the valid driver’s license of the seller containing a photograph and an address of the seller, a copy of a state or federal government-issued identification card containing a photograph and an address of the seller, a passport from any other country in addition to another item of identification bearing an address of the seller, or a Matricula Consular in addition to another item of identification bearing an address of the seller. -(B) If the seller prefers to have the check for the material mailed to an alternative address, other than a post office box, the junk dealer or recycler shall obtain a copy of a driver’s license or identification card described in subparagraph (A), and a gas or electric utility bill addressed to the seller at that alternative address with a payment due date no more than two months prior to the date of sale. For purposes of this paragraph, “alternative address” means an address that is different from the address appearing on the seller’s driver’s license or identification card. -(4) The junk dealer or recycler obtains a clear photograph or video of the nonferrous material being purchased. -(5) The junk dealer or recycler shall preserve the information obtained pursuant to this subdivision for a period of two years after the date of sale. -(6) (A) The junk dealer or recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The junk dealer or recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in either hardcopy or electronic format for a period of two years after the date of sale. -(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of his or her authority in response to a criminal search warrant signed by a magistrate and served on the junk dealer or recycler by the peace officer. Probable cause for the issuance of that warrant must be based upon a theft specifically involving the transaction for which the thumbprint was given. -(b) Paragraph (1) of subdivision (a) shall not apply if any of the following conditions are met: -(1) During any three-month period commencing on or after the effective date of this section, the junk dealer or recycler completes five or more separate transactions per month, on five or more separate days per month, with the seller and, in order for paragraph (1) of subdivision (a) to continue to be inapplicable, the seller must continue to complete five or more separate transactions per month with the junk dealer or recycler. -(2) The junk dealer or recycler carries a surety bond in the minimum amount of one hundred thousand dollars ($100,000), covering the business entity at large, including all locations, which shall be maintained exclusively to cover the cost of loss to the verifiable owner of stolen scrap metal proved to be purchased by the junk dealer or recycler, as well as to cover the cost to local law enforcement relating to its investigation of the alleged theft of the specific material in question. The recoverable cost of loss to the verifiable owner of the stolen scrap metal shall be the damages as prescribed by Sections 3333, 3336, and 3336.5 of the Civil Code. The reimbursement for the value of stolen scrap metal hereunder shall in no way be treated under law as an admission of culpability by the junk dealer or recycler to any criminal activity involved in the alleged theft of the scrap metal. -(c) This section shall not apply if, on the date of sale, the junk dealer or recycler has on file or receives all of the following information: -(1) The name, physical business address, and business telephone number of the seller’s business. -(2) The business license number or tax identification number of the seller’s business. -(3) A copy of the valid driver’s license of the person delivering the nonferrous material on behalf of the seller to the junk dealer or the recycler. -(d) (1) This section shall not apply to the purchase of nonferrous material having a value of not more than twenty dollars ($20) in a single transaction, when the majority of the transaction is for the redemption of beverage containers under the California Beverage Container Recycling and Litter Reduction Act, as set forth in Division 12.1 (commencing with Section 14500) of the Public Resources Code. -(2) Materials made of copper or copper alloys shall not be purchased under this subdivision. -(e) This section shall not apply to coin dealers or to automobile dismantlers, as defined in Section 220 of the Vehicle Code. -(f) For the purposes of this section, “nonferrous material” means copper, copper alloys, stainless steel, or aluminum, but does not include beverage containers, as defined in Section 14505 of the Public Resources Code, that are subject to a redemption payment pursuant to Section 14560 of the Public Resources Code. -(g) This section is intended to occupy the entire field of law related to junk dealer or recycler transactions involving nonferrous material. However, a city or county ordinance, or a city and county ordinance, relating to the subject matter of this section is not in conflict with this section if the ordinance is passed by a two-thirds vote and it can be demonstrated by clear and convincing evidence that the ordinance is both necessary and addresses a unique problem within and specific to the jurisdiction of the ordinance that cannot effectively be addressed under this section. -(h) (1) On or before June 1, 2019, the California Research Bureau shall provide a report to the Legislature on the impact of paragraph (2) of subdivision (b) on efforts to reduce and eliminate metal theft. -(2) The report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. -(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed. -SEC. 2. -Section 21608.5 is added to the Business and Professions Code, to read: -21608.5. -(a) A junk dealer or recycler in this state shall not provide payment for nonferrous material unless, in addition to meeting the written record requirements of Sections 21605 and 21606, all of the following requirements are met: -(1) The payment for the material is made by cash or check. The check may be mailed to the seller at the address provided pursuant to paragraph (3) or the cash or check may be collected by the seller from the junk dealer or recycler on or after the third business day after the date of sale. -(2) At the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller. -(3) (A) Except as provided in subparagraph (B), the junk dealer or recycler obtains a copy of the valid driver’s license of the seller containing a photograph and an address of the seller, a copy of a state or federal government-issued identification card containing a photograph and an address of the seller, a passport from any other country in addition to another item of identification bearing an address of the seller, or a Matricula Consular in addition to another item of identification bearing an address of the seller. -(B) If the seller prefers to have the check for the material mailed to an alternative address, other than a post office box, the junk dealer or recycler shall obtain a copy of a driver’s license or identification card described in subparagraph (A), and a gas or electric utility bill addressed to the seller at that alternative address with a payment due date no more than two months prior to the date of sale. For purposes of this paragraph, “alternative address” means an address that is different from the address appearing on the seller’s driver’s license or identification card. -(4) The junk dealer or recycler obtains a clear photograph or video of the nonferrous material being purchased. -(5) The junk dealer or recycler shall preserve the information obtained pursuant to this subdivision for a period of two years after the date of sale. -(6) (A) The junk dealer or recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The junk dealer or recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in either hardcopy or electronic format for a period of two years after the date of sale. -(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of his or her authority in response to a criminal search warrant signed by a magistrate and served on the junk dealer or recycler by the peace officer. Probable cause for the issuance of that warrant must be based upon a theft specifically involving the transaction for which the thumbprint was given. -(b) Paragraph (1) of subdivision (a) shall not apply if, during any three-month period commencing on or after the effective date of this section, the junk dealer or recycler completes five or more separate transactions per month, on five or more separate days per month, with the seller and, in order for paragraph (1) of subdivision (a) to continue to be inapplicable, the seller must continue to complete five or more separate transactions per month with the junk dealer or recycler. -(c) This section shall not apply if, on the date of sale, the junk dealer or recycler has on file or receives all of the following information: -(1) The name, physical business address, and business telephone number of the seller’s business. -(2) The business license number or tax identification number of the seller’s business. -(3) A copy of the valid driver’s license of the person delivering the nonferrous material on behalf of the seller to the junk dealer or the recycler. -(d) (1) This section shall not apply to the purchase of nonferrous material having a value of not more than twenty dollars ($20) in a single transaction, when the majority of the transaction is for the redemption of beverage containers under the California Beverage Container Recycling and Litter Reduction Act, as set forth in Division 12.1 (commencing with Section 14500) of the Public Resources Code. -(2) Materials made of copper or copper alloys shall not be purchased under this subdivision. -(e) This section shall not apply to coin dealers or to automobile dismantlers, as defined in Section 220 of the Vehicle Code. -(f) For the purposes of this section, “nonferrous material” means copper, copper alloys, stainless steel, or aluminum, but does not include beverage containers, as defined in Section 14505 of the Public Resources Code, that are subject to a redemption payment pursuant to Section 14560 of the Public Resources Code. -(g) This section is intended to occupy the entire field of law related to junk dealer or recycler transactions involving nonferrous material. However, a city or county ordinance, or a city and county ordinance, relating to the subject matter of this section is not in conflict with this section if the ordinance is passed by a two-thirds vote and it can be demonstrated by clear and convincing evidence that the ordinance is both necessary and addresses a unique problem within and specific to the jurisdiction of the ordinance that cannot effectively be addressed under this section. -(h) This section shall become operative on January 1, 2020.","Existing law requires junk dealers and recyclers, as defined, to maintain written records of all sales and purchases made in the course of their business, and makes a violation of the recordkeeping requirements a misdemeanor. Existing law prohibits a junk dealer or recycler from providing payment for nonferrous material, as defined, unless the payment is made by cash or check, the check is mailed or the cash or check is provided no earlier than 3 days after the date of sale, and the dealer or recycler obtains a photograph or video of the seller and certain other identifying information, as specified, which is to be retained by the dealer or recycler, as part of the written record of purchases, for a specified period of time. Existing law exempts from the payment by cash or check requirement those sellers of junk or recycling materials who conduct 5 or more separate transactions per month with the junk dealer or recycler, as specified. -This bill -would -would, until January 1, 2020, -exempt from the payment by cash or check requirement those sellers of junk or recycling materials who carry a surety bond of at least $100,000, covering the business entity at large, including all locations, which exclusively covers the cost of loss to the verifiable owner of stolen scrap metal purchased by the junk dealer or recycler and the cost to local law enforcement of investigating the theft. The bill would define the recoverable cost of loss to the verifiable owner of the scrap metal to be specified damages. -The bill would also require the California Research Bureau to provide a report to the Legislature on or before June 1, 2019, on the impact of these provisions on efforts to reduce and eliminate metal theft.","An act to -amend -amend, repeal, and add -Section 21608.5 of the Business and Professions Code, relating to business." -1005,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) In recent decades, the number of Americans who have had contact with the criminal justice system has increased exponentially. It is estimated that about one in three adults in the U.S. has a criminal history record, which often consists of an arrest that did not lead to conviction, a conviction for which the person was not sentenced to a term of incarceration, or a conviction for a nonviolent crime. -(b) On any given day, about 2.3 million people are incarcerated in the U.S. and, each year, 700,000 people are released from prison and almost 13 million people are admitted to and released from local jails. -(c) California’s long-term economic growth is dependent on identifying ways in which those who face barriers to employment, such as being formerly incarcerated, can become contributing members of society and achieve financial independence. -SEC. 2. -Section 1234 of the Penal Code is amended to read: -1234. -For purposes of this chapter, the following terms have the following meanings: -(a) “California Workforce Development Board” means the California Workforce Development Board established pursuant to Article 1 (commencing with Section 14010) of Chapter 3 of Division 7 of the Unemployment Insurance Code. -(b) “Earn and learn” has the same meaning as in Section 14005 of the Unemployment Insurance Code. -(c) “Grant program” means the Supervised Population Workforce Training Grant Program. -(d) “Supervised population” means those persons who are on probation, mandatory supervision, or postrelease community supervision and are supervised by, or are under the jurisdiction of, a county. -SEC. 3. -Section 1234.1 of the Penal Code is amended to read: -1234.1. -(a) This chapter establishes the Supervised Population Workforce Training Grant Program to be administered by the California Workforce Development Board. -(b) The grant program shall be developed and implemented in accordance with the criteria set forth in Section 1234.3. In developing the program, the California Workforce Development Board shall consult with public and private stakeholders, including local workforce development boards, local governments, and nonprofit community-based organizations that serve the supervised population. -(c) The grant program shall be funded, upon appropriation by the Legislature. Implementation of this program is contingent upon the director of the California Workforce Development Board notifying the Department of Finance that sufficient moneys have been appropriated for this specific grant program. -(d) The outcomes from the grant program shall be reported pursuant to Section 1234.4. -SEC. 4. -Section 1234.2 of the Penal Code is amended to read: -1234.2. -The California Workforce Development Board shall administer the grant program as follows: -(a) Develop criteria for the selection of grant recipients through a public application process, including, but not limited to, the rating and ranking of applications that meet the threshold criteria set forth in this section. -(b) Design the grant program application process to ensure all of the following occurs: -(1) Outreach and technical assistance is made available to eligible applicants, especially to small population and rural counties. -(2) Grants are awarded on a competitive basis. -(3) Small and rural counties are competitive in applying for funds. -(4) Applicants are encouraged to develop evidence-based, best practices for serving the workforce training and education needs of the supervised population. -(5) The education and training needs of one or both of the following are addressed: -(A) Individuals with some postsecondary education who can enter into programs and benefit from services that result in certifications, and placement on a middle skill career ladder. -(B) Individuals who require basic education as well as training in order to obtain entry level jobs where there are opportunities for career advancement. -SEC. 5. -Section 1234.3 of the Penal Code is amended to read: -1234.3. -(a) The grant program shall be competitively awarded through at least two rounds of funding, with the first phase of funding being awarded on or before May 1, 2015. -(b) Each county is eligible to apply, and a single application may include multiple counties applying jointly. Each application shall include a partnership agreement between the county or counties and one or more local workforce development boards that outline the actions each party agrees to undertake as part of the project proposed in the application. -(c) At a minimum, each project proposed in the application shall include a provision for an education and training assessment for each individual of the supervised population who participates in the project. The assessment may be undertaken by the applicant or by another entity. A prior assessment of an individual may be used if, in the determination of the California Workforce Development Board, its results are accurate. The California Workforce Development Board may delegate the responsibility for determining the sufficiency of a prior assessment to one or more local workforce development boards. -(d) Eligible uses of grant funds include, but are not limited to, vocational training, stipends for trainees, and earn and learn opportunities for the supervised population. Supportive services and job readiness activities shall serve as bridge activities that lead to enrollment in long-term training programs. -(e) Preference shall be awarded to applications for the following: -(1) An application that proposes matching funds, including, but not limited to, moneys committed by local workforce development boards, local governments, and private foundation funds. -(2) An application submitted by a county that currently administers or participates in a workforce training program for the supervised population. -(3) An application that proposes participation by one or more nonprofit community-based organizations that serve the supervised population. -(4) An application that proposes participation by one or more employers who have demonstrated interest in employing individuals in the supervised population, including, but not limited to, earn and learn opportunities and intent to hire letters for successfully completing the program. -(f) An application shall meet the following requirements: -(1) Set a specific purpose for the use of the grant funds, as well as provide the baseline criteria and metrics by which the overall success of the grant project can be evaluated. -(2) Define the specific subset of the supervised population, among the eligible supervised population that the grant money will serve. -(3) Define the industry sector or sectors in which the targeted supervised population will be trained, including the current and projected workforce within the region for those jobs, the range of wage rates, and the training and education requirements within those industry sectors. -(4) Define the general methodology and training methods proposed to be used and explain the manner in which the progress of the targeted supervised population will be monitored during the grant period. -(g) As a condition of receiving funds, a grant recipient shall agree to provide information to the California Workforce Development Board in sufficient detail to allow the California Workforce Development Board to meet the reporting requirements in Section 1234.4. -SEC. 6. -Section 1234.4 of the Penal Code is amended to read: -1234.4. -(a) On at least an annual basis, and upon completion of the grant period, grant recipients shall report to the California Workforce Development Board regarding their use of the funds and workforce training program outcomes. -(b) By January 1, 2018, the California Workforce Development Board shall submit a report to the Legislature using the reports from the grant recipients. The report shall contain all the following information: -(1) The overall success of the grant program, based on the goals and metrics set in the awarded grants. -(2) An evaluation of the effectiveness of the grant program based on the goals and metrics set in the awarded grants. -(3) A recommendation on the long-term viability of local workforce development boards and county collaborations on workforce training programs for the supervised population. -(4) A recommendation on the long-term viability of county workforce training programs for the supervised population. -(5) In considering the overall success and effectiveness of the grant program, the report shall include a discussion of all of the following: -(A) The education and workforce readiness of the supervised population at the time individual participants entered the program and how this impacted the types of services needed and offered. -(B) Whether the programs aligned with the workforce needs of high-demand sectors of the state and regional economies. -(C) Whether there was an active job market for the skills being developed where the member of the supervised population was likely to be released. -(D) Whether the program increased the number of members of the supervised population that obtained a marketable and industry or apprenticeship board-recognized certification, credential, or degree. -(E) Whether the program increased the numbers of the supervised population that successfully complete a job readiness basic skill bridge program and enroll in a long-term training program. -(F) Whether there were formal or informal networks in the field that support finding employment upon release from custody. -(G) Whether the program led to employment in occupations with a livable wage. -(H) Whether the program provided training opportunities in areas related to work skills learned while incarcerated, including, but not limited to, while working with the Prison Industry Authority. -(I) Whether the metrics used to evaluate the individual grants were sufficiently aligned with the objectives of the program. -(c) (1) The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. -(2) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.","Existing law, until January 1, 2021, establishes the Supervised Population Workforce Training Grant Program to be administered, as provided, by the California Workforce Investment Board. Existing law establishes grant program eligibility criteria for counties and provides that eligible uses for grant funds include, but are not limited to, vocational training, stipends for trainees, and apprenticeship opportunities for the supervised population, which include individuals on probation, mandatory supervision, and postrelease community supervision. Existing law requires the board to develop criteria for the selection of grant recipients, but requires the board to give preference to certain grant applications, including an application that proposes participation by one or more nonprofit community-based organizations that serve the supervised population. Existing law requires the board, by January 1, 2018, to submit a report to the Legislature containing specified information, including an evaluation of the effectiveness of the grant program. -This bill would also require the board to give preference to a grant application that proposes participation by one or more employers who have demonstrated interest in employing individuals in the supervised population. The bill would require the board to include in its report to the Legislature whether the program provided training opportunities in areas related to work skills learned while incarcerated. The bill would update references to the California Workforce Investment Board to reflect its new name, the California Workforce Development Board.","An act to amend Sections 1234, 1234.1, 1234.2, 1234.3, and 1234.4 of the Penal Code, relating to recidivism." -1006,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11265.3 of the Welfare and Institutions Code is amended to read: -11265.3. -(a) In addition to submitting the semiannual report form as required in Section 11265.1, the department shall establish an income reporting threshold for recipients of CalWORKs. -(b) The CalWORKs income reporting threshold shall be the lesser of the following: -(1) Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipient’s monthly benefits. -(2) The amount likely to render the recipient ineligible for CalWORKs benefits. -(3) The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits. -(c) A recipient shall report to the county, orally or in writing, within 10 days, when any of the following occurs: -(1) The monthly household income exceeds the threshold established pursuant to this section. -(2) The household address has changed. The act of failing to report an address change shall not, in and of itself, result in a reduction in aid or termination of benefits. -(3) An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition of probation or parole, as specified in Section 11486.5. -(d) At least once per semiannual reporting period, counties shall inform each recipient of all of the following: -(1) The amount of the recipient’s income reporting threshold. -(2) The duty to report under this section. -(3) The consequences of failing to report. -(e) When a recipient reports income exceeding the reporting threshold, the county shall redetermine eligibility and the grant amount as follows: -(1) If the recipient reports the increase in income for the first through fifth months of a current semiannual reporting period, the county shall verify the report and determine the recipient’s financial eligibility and grant amount. -(A) If the recipient is determined to be financially ineligible based on the increase in income, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the income was received. -(B) If it is determined that the recipient’s grant amount should decrease based on the increase in income, the county shall reduce the recipient’s grant amount for the remainder of the semiannual reporting period with timely and adequate notice, effective the first of the month following the month in which the income was received. -(C) If a recipient has reported a change in income in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10 days’ notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred. -(2) If the recipient reports an increase in income for the sixth month of a current semiannual reporting period, the county shall not redetermine eligibility for the current semiannual reporting period, but shall consider this income in redetermining eligibility and the grant amount for the following semiannual reporting period, as provided in Sections 11265.1 and 11265.2. -(f) Counties shall act upon changes in income voluntarily reported during the semiannual reporting period that result in an increase in benefits, only after verification specified by the department is received. Reported changes in income that increase the grants shall be effective for the entire month in which the change is reported. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification. -(g) (1) When a decrease in gross monthly income is voluntarily reported and verified, the county shall recalculate the grant for the current month and any remaining months in the semiannual reporting period pursuant to Sections 11265.1 and 11265.2 based on the actual gross monthly income reported and verified from the voluntary report for the current month and the gross monthly income that is reasonably anticipated for any future months remaining in the semiannual reporting period. -(2) When the anticipated income is determined pursuant to paragraph (1), and a grant amount is calculated based upon the new income, if the grant amount is higher than the grant currently in effect, the county shall revise the grant for the current month and any remaining months in the semiannual reporting period to the higher amount and shall issue any increased benefit amount as provided in subdivision (f). -(h) During the semiannual reporting period, a recipient may report to the county, orally or in writing, any changes in income and household circumstances that may increase the recipient’s grant. Except as provided in subdivision (i), counties shall act only upon changes in household composition voluntarily reported by the recipients during the semiannual reporting period that result in an increase in benefits, after verification specified by the department is received. If the reported change in household composition is for the first through fifth month of the semiannual reporting period and results in an increase in benefits, the county shall recalculate the grant effective for the month following the month in which the change was reported. If the reported change in household composition is for the sixth month of a semiannual reporting period, the county shall not redetermine the grant for the current semiannual reporting period, but shall redetermine the grant for the following reporting period as provided in Sections 11265.1 and 11265.2. -(i) During the semiannual reporting period, a recipient may request that the county discontinue the recipient’s entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipient’s request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipient’s request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously issue a notice informing the recipient of the discontinuance. -(j) (1) This section shall become operative on April 1, 2013. A county shall implement the semiannual reporting requirements in accordance with the act that added this section no later than October 1, 2013. -(2) Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county. -(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section. -SEC. 2. -Section 11265.47 of the Welfare and Institutions Code is amended to read: -11265.47. -(a) The department shall establish an income reporting threshold for CalWORKs assistance units described in subdivision (a) of Section 11265.45. -(b) The income reporting threshold described in subdivision (a) shall be the lesser of the following: -(1) Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipient’s monthly benefits. -(2) The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits. -(3) The amount likely to render the recipient ineligible for CalWORKs benefits. -(c) A recipient described in subdivision (a) of Section 11265.45 shall report to the county, orally or in writing, within 10 days, when any of the following occurs: -(1) The monthly household income exceeds the threshold established pursuant to this section. -(2) Any change in household composition. -(3) The household address has changed. -(4) An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition or probation or parole, as specified in Section 11486.5. -(d) When a recipient described in subdivision (a) of Section 11265.45 reports income or a household composition change pursuant to subdivision (c), the county shall redetermine eligibility and grant amounts as follows: -(1) If the recipient reports an increase in income or household composition change for the first through 11th months of a year, the county shall verify the report and determine the recipient’s financial eligibility and grant amount. -(A) If the recipient is determined to be financially ineligible based on the increase in income or household composition change, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the change occurred. -(B) If it is determined that the recipient’s grant amount should decrease based on the increase in income, or increase or decrease based on a change in household composition, the county shall increase or reduce the recipient’s grant amount for the remainder of the year with timely and adequate notice, effective the first of the month following the month in which the change occurred. -(C) If a recipient has reported a change in income or household composition in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10 days’ notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred. -(2) If the recipient reports an increase in income for the 12th month of a grant year, the county shall verify this report and consider this income in redetermining eligibility and the grant amount for the following year. -(e) During the year, a recipient described in subdivision (a) of Section 11265.45 may report to the county, orally or in writing, any changes in income that may increase the recipient’s grant. Increases in the grant that result from reported changes in income shall be effective for the entire month in which the change is reported and any remaining months in the year. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification. -(f) During the year, a recipient described in subdivision (a) of Section 11265.45 may request that the county discontinue the recipient’s entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipient’s request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipient’s request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously shall issue a notice informing the recipient of the discontinuance. -(g) This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later. -SEC. 3. -(a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services shall implement this act through an all-county letter or similar instruction issued by the Director of Social Services no later than July 1, 2017. -(b) The department shall adopt regulations necessary to implement this act no later than July 1, 2018. -SEC. 4. -No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act. -SEC. 5. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using a combination of federal, state, and county funds. Existing law requires the State Department of Social Services to establish an income reporting threshold for CalWORKs recipients, including CalWORKs assistance units that do not include an eligible adult, and requires a recipient to notify the county, within 10 days, if the recipient’s household income exceeds the reporting threshold. Existing law requires a CalWORKs assistance unit that does not include an eligible adult to also notify the county, within 10 days, of any change in the recipient’s household composition. Under existing law, if the county determines that the recipient is ineligible for CalWORKs or the recipient’s grant amount should be reduced based on an increase in income or a change in household composition, the county is required to discontinue the recipient from CalWORKs or reduce the recipient’s grant, with timely and adequate notice, as specified. Existing law provides that current and future grants may be reduced because of prior overpayments. -This bill would prohibit the county from assessing an overpayment for the month following a change in income for a recipient of CalWORKs, or following a change in household composition for a CalWORKs assistance unit that does not include an eligible adult, if the recipient has reported the change and the county was unable, before the first of the month following the change in income or household composition, to provide 10 days’ notice of the termination or reduction in benefits. By increasing the administrative duties of counties, this bill would impose a state-mandated local program. The bill would require the State Department of Social Services to issue an all-county letter or similar instruction by July 1, 2017, and adopt regulations by July 1, 2018, as necessary to implement these provisions. -Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. -This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 11265.3 and 11265.47 of the Welfare and Institutions Code, relating to CalWORKs." -1007,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2263 of the Elections Code is amended to read: -2263. -(a) The Department of Motor Vehicles, in consultation with the Secretary of State, shall establish a schedule and method for the department to electronically provide to the Secretary of State the records specified in this section. -(b) (1) The department shall provide to the Secretary of State, in a manner and method to be determined by the department in consultation with the Secretary of State, the following information associated with each person who submits an application for a driver’s license or identification card pursuant to Section 12800, 12815, or 13000 of the Vehicle Code, or who notifies the department of a change of address pursuant to Section 14600 of the Vehicle Code, if the proof that the person is required to submit to prove that his or her presence in the United States is authorized under federal law also establishes that the person is a citizen of the United States: -(A) Name. -(B) Date of birth. -(C) Either or both of the following, as contained in the department’s records: -(i) Residence address. -(ii) Mailing address. -(D) Digitized signature, as described in Section 12950.5 of the Vehicle Code. -(E) Telephone number, if available. -(F) Email address, if available. -(G) Language preference. -(H) Political party preference. -(I) Whether the person chooses to become a permanent vote by mail voter. -(J) Whether the person affirmatively agreed to become registered to vote during a transaction with the department. -(K) A notation that the applicant has attested that he or she meets all voter eligibility requirements, including United States citizenship, specified in Section 2101. -(L) Other information specified in regulations implementing this chapter. -(2) (A) The department may provide the records described in paragraph (1) to the Secretary of State before the Secretary of State certifies that all of the conditions set forth in subdivision (e) of this section have been satisfied. Records provided pursuant to this paragraph shall only be used for the purposes of outreach and education to eligible voters conducted by the Secretary of State. -(B) The Secretary -of State -shall provide materials created for -purposes of -outreach and -education -educational purposes -as described in this paragraph in languages other than English, as required by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). -(c) The Secretary of State shall not sell, transfer, or allow any third party access to the information acquired from the Department of Motor Vehicles pursuant to this chapter without approval of the department, except as permitted by this chapter and Section 2194. -(d) The department shall not electronically provide records of a person who applies for or is issued a driver’s license pursuant to Section 12801.9 of the Vehicle Code because he or she is unable to submit satisfactory proof that his or her presence in the United States is authorized under federal law. -(e) The Department of Motor Vehicles shall commence implementation of this section no later than one year after the Secretary of State certifies all of the following: -(1) The -State -state -has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.). -(2) The Legislature has appropriated the funds necessary for the Secretary of State and the Department of Motor Vehicles to implement and maintain the California New Motor Voter Program. -(3) The regulations required by Section 2270 have been adopted. -(f) The Department of Motor Vehicles shall not electronically provide records pursuant to this section that contain a home address designated as confidential pursuant to Section 1808.2, 1808.4, or 1808.6 of the Vehicle Code. -SEC. 2. -Section 2265 of the Elections Code is amended to read: -2265. -(a) The records of a person designated in paragraph (1) of subdivision (b) of Section 2263 shall constitute a completed affidavit of registration and the Secretary of State shall register the person to vote if all of the following conditions are satisfied: -(1) The person’s records, as described in Section 2263, reflect that he or she affirmatively agreed to become registered to vote during a transaction with the Department of Motor Vehicles. -(2) The person’s records, as described in Section 2263, reflect that he or she has attested to meeting all voter eligibility requirements specified in Section 2101. -(3) The Secretary of State has not determined that the person is ineligible to vote. -(b) (1) If a person who is registered to vote pursuant to this chapter does not provide a party preference, his or her party preference shall be designated as “Unknown” and he or she shall be treated as a “No Party Preference” voter. -(2) A person whose party preference is designated as “Unknown” pursuant to this subdivision shall not be counted for purposes of determining the total number of voters registered on the specified day preceding an election, as required by subdivision (b) of Section 5100 and subdivision (c) of Section 5151.","Existing law requires the Department of Motor Vehicles to issue driver’s licenses and state identification cards to applicants who meet specified criteria and provide the department with the required information. Existing law generally requires an applicant for an original driver’s license or state identification card to submit satisfactory proof to the department that the applicant’s presence in the United States is authorized under federal law. -Existing law, the California New Motor Voter Program, requires the Department of Motor Vehicles to electronically provide to the Secretary of State the records of each person who is issued an original or renewal of a driver’s license or state identification card or who provides the department with a change of address, as specified. The person’s motor vehicle records will then constitute a completed affidavit of registration and the person will be registered to vote, unless the person affirmatively declines to become registered to vote during a transaction with the department, among other conditions. -This bill would require the Department of Motor Vehicles to electronically provide records of a person to the Secretary of State pursuant to this program only if the person has submitted proof that he or she is a citizen of the United States, as specified. This bill would also require that a person affirmatively agree to become registered to vote during a transaction with the department in order for his or her records to constitute a completed affidavit of registration and for the Secretary of State to register him or her to vote.","An act to amend Sections 2263 and 2265 of the Elections Code, relating to elections." -1008,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 13651 of the Business and Professions Code is amended to read: -13651. -(a) (1) Every service station in this state shall provide during operating hours, and make available at no cost to customers who purchase motor vehicle fuel, water, compressed air, and a gauge for measuring air pressure to the public for use in servicing any passenger vehicle, as defined in Section 465 of the Vehicle Code, or any commercial vehicle, as defined in Section 260 of the Vehicle Code, with an unladen weight of 6,000 pounds or less. -(2) Every service station in this state shall display, at a conspicuous place on, at, or near the dispensing apparatus at least one clearly visible sign that shall read as follows: “CALIFORNIA LAW REQUIRES THIS STATION TO PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE PURPOSES TO ITS CUSTOMERS WHO PURCHASE MOTOR VEHICLE FUEL. IF YOU HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL THIS TOLL-FREE TELEPHONE NUMBER: 1 (800) ___ ____.” This sign shall meet the requirements of Sections 13473 and 13474 with regard to letter size and contrast. As used in this paragraph, automotive purposes does not include the washing of vehicles. -(b) (1) Every service station in this state located within 660 feet of an accessible right-of-way of an interstate or primary highway, as defined in Sections 5215 and 5220, shall provide during business hours public restrooms for use by its customers. Service stations shall not charge customers separately for the use of restroom facilities. -(2) The public restroom shall not be temporary or portable but shall be permanent and shall include separate facilities for men and women, each with toilets and sinks suitable for use by disabled persons in accordance with Section 19955.5 of the Health and Safety Code and Title 24 of the California Code of Regulations. However, a service station not located along an interstate highway and in a rural area, as defined by Section 101 of Title 23 of the United States Code, and where the annualized average daily traffic count is 2,500 vehicles or less, is only required to provide a single restroom to be used by both men and women unless the local legislative body or, upon designation by the local legislative body, the local building official determines and finds, based upon traffic studies and local or seasonal tourist patterns, that a single restroom would be inadequate to serve the public. In that event, the single restroom exemption shall not apply. The single restroom shall contain a toilet, urinal, and sink suitable for use by disabled persons as required by the federal Americans With Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and Title 24 of the California Code of Regulations. The single restroom shall be equipped with a locking mechanism to be operated by the user of the restroom and the restroom shall be maintained in a clean and sanitary manner. -(3) This subdivision does not apply to service stations that are operational prior to January 1, 1990, and that would be obligated to construct permanent restroom facilities to comply with this subdivision. -(4) For purposes of this subdivision, “customer” means a person who purchases any product available for sale on the premises of the service station, including items not related to the repairing or servicing of a motor vehicle. -(c) (1) Every service station in this state shall display at a conspicuous place on, at, or near the dispensing apparatus, or at or near the point of sale, at least one clearly visible sign showing a list of applicable state and federal fuel taxes per gallon of motor vehicle fuel sold from the dispensing apparatus. The sign may display the federal excise tax rate as “up to $.184.” -(2) The sign described in paragraph (1) also shall display the average per-gallon cost of gasoline and diesel fuel, as annually calculated by the State Energy Resources Conservation and Development -Commission, -Commission in consultation with the Legislative Analyst’s Office, -across the industry of refiners producing transportation fuels as a result of their compliance with a market-based compliance mechanism adopted by the State Air Resources Board pursuant to Section 38570 of the Health and Safety Code. -(d) (1) The Division of Measurement Standards of the Department of Food and Agriculture shall, no later than January 1, 2001, establish a toll-free customer complaint telephone number. The toll-free telephone number thereby established shall be printed on the sign required pursuant to paragraph (2) of subdivision (a). -(2) Notwithstanding any other law, employees of the Division of Measurement Standards, upon inspection, or upon notice of a complaint forwarded pursuant to this section, are empowered to investigate a complaint against a service station for lack of free air and water and issue a citation to the station, and to collect a fine of two hundred fifty dollars ($250) per valid complaint, unless the citation is challenged in court. A citation shall not be issued if the air and water equipment is in good working order upon initial inspection, or if they are repaired to the satisfaction of the inspecting entity within 10 working days of the initial inspection. In addition, no citation based on nonfunctional air and water equipment shall be issued if the service station can establish that the equipment has been the target of repeated vandalism, substantiated by three or more police reports within six months detailing the vandalism. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires every service station in this state to display at a conspicuous place on, at, or near the dispensing apparatus, or at or near the point of sale, at least one clearly visible sign showing a list of applicable state and federal fuel taxes per gallon of motor vehicle fuel sold from the dispensing apparatus. A violation of this provision is an infraction. -Existing law establishes the State Energy Resources Conservation and Development Commission in the Natural Resources Agency, and specifies the powers and duties of the commission with respect to energy resources in the state. Under existing law, various provisions regulate petroleum supply and pricing. -The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. -This bill would require every service station to also display the average per-gallon cost of gasoline and diesel fuel, as annually calculated by the -commission, -commission in consultation with the Legislative Analyst’s Office, -across the industry of refiners producing transportation fuels as a result of their compliance with a market-based compliance mechanism. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 13651 of the Business and Professions Code, relating to service stations." -1009,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1703 of the Labor Code is amended to read: -1703. -(a) Every contract and agreement between an artist and a talent service shall be in writing, in at least 10-point type, and contain all of the following provisions: -(1) The name, address, telephone number, fax number (if any), email address (if any), and Internet Web site address (if any), of the talent service, the artist to whom services are to be provided, and the representative executing the contract on behalf of the talent service. -(2) A description of the services to be performed, a statement when those services are to be provided, and the duration of the contract. -(3) Evidence of compliance with applicable bonding requirements, including the name of the bonding company and the bond number, if any, and a statement that a bond in the amount of fifty thousand dollars ($50,000) must be posted with the Labor Commissioner. -(4) The amount of any fees to be charged to or collected from, or on behalf of, the artist receiving the services, and the date or dates when those fees are required to be paid. -(5) The following statements, in boldface type and in close proximity to the artist’s signature: -“(Name of talent service) IS A TALENT COUNSELING SERVICE, TALENT LISTING SERVICE, OR TALENT TRAINING SERVICE (whichever is applicable). THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. (Name of talent service) IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH TRAINING, COUNSELING, OR LISTING INFORMATION (whichever is applicable). FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE. -YOUR RIGHT TO CANCEL -(enter date of transaction) -You may cancel this contract and obtain a full refund, without any penalty or obligation, if notice of cancellation is given, in writing, within 10 business days from the above date or the date on which you commence utilizing the services under the contract, whichever is longer. For purposes of this section, business days are Monday through Friday. -To cancel this contract, mail or deliver or send by facsimile transmission a signed and dated copy of the following cancellation notice or any other written notice of cancellation to (name of talent service) at (address of its place of business), fax number (if any), email address (if any), and Internet Web site address (if any), NOT LATER THAN MIDNIGHT OF (date). If the contract was executed in part or in whole through the Internet, you may cancel the contract by sending the notification to: (email address). -CANCELLATION NOTICE -I hereby cancel this contract. -Dated: -Artist Signature. -If you cancel, all fees you have paid must be refunded to you within 10 business days after delivery of the cancellation notice to the talent service.” -(6) A statement conspicuously disclosing whether the artist may or may not obtain a refund after the 10-day cancellation period described in paragraph (5) has expired. -(b) Except for contracts executed over the Internet, a contract subject to this section shall be dated and signed by the artist and the representative executing the contract on behalf of the talent service. In the case of a contract executed over the Internet, the talent service shall give the artist clear and conspicuous notice of the contract terms and provide to the artist the ability to acknowledge receipt of the terms before acknowledging agreement thereto. In any dispute regarding compliance with this subdivision, the talent service shall have the burden of proving that the artist received the terms and acknowledged agreement thereto. -(c) If the talent service offers to list or display information about an artist, including a photograph, on the service’s Internet Web site, online service, online application, or mobile application or on a Web site, online service, online application, or mobile application that the talent service has authority to design or alter, the contract shall contain a notice that the talent service will remove the listing and content within 10 days of a request by the artist or, in the case of a minor, the artist’s parent or guardian. The contract shall include a valid telephone number, mailing address, and email address for the talent service to which a request for removal may be made. -(d) A contract between an artist and a talent service shall be contained in a single document that includes the elements set forth in this section. A contract subject to this section that does not comply with subdivisions (a) to (f), inclusive, is voidable at the election of the artist and may be canceled by the artist at any time without any penalty or obligation. -(e) (1) An artist may cancel a contract or within 10 business days from the date he or she commences utilizing the services under the contract. An artist shall notify the talent service of the cancellation for talent services within 10 business days of the date he or she executed the contract by mailing, delivering, or sending by facsimile transmission to the talent service, a signed and dated copy of the cancellation notice or any other written notice of cancellation, or by sending a notice of cancellation via the Internet if the contract was executed in part or in whole through the Internet. A talent service shall refund all fees paid by, or on behalf of, an artist within 10 business days after delivery of the cancellation notice. -(2) Unless a talent service conspicuously discloses in the contract that cancellation is prohibited after the 10-day cancellation period described in paragraph (1), an artist may cancel a contract for talent services at any time after the 10-day cancellation period by mailing, delivering, or sending by facsimile transmission to the talent service a signed and dated copy of the cancellation notice or any other written notice of cancellation, or by sending a notice of cancellation via the Internet if the contract was executed in part or in whole through the Internet. Within 10 business days after delivery of the cancellation notice, the talent service shall refund to the artist on a pro rata basis all fees paid by, or on behalf of, the artist. -(f) A contract between an artist and a talent service shall have a term of not more than one year and shall not be renewed automatically. -(g) The talent service shall maintain the address set forth in the contract for receipt of cancellation and for removal of an Internet Web site or other listing, unless it furnishes the artist with written notice of a change of address. Written notice of a change of address may be done by email if the artist designates an email address in the contract for purposes of receiving written notice. -(h) The talent service shall advise a person inquiring about canceling a contract to follow the written procedures for cancellation set forth in the contract. -(i) Before the artist signs a contract and before the artist or any person acting on his or her behalf becomes obligated to pay or pays any fee, the talent service shall provide a copy of the contract to the artist for the artist to keep. If the contract was executed through the Internet, the talent service may provide a copy of the contract to the artist by making it available to be downloaded and printed through the Internet. -(j) The talent service shall maintain the original executed contract on file at its place of business. -SEC. 2. -Section 1703.4 of the Labor Code is amended to read: -1703.4. -(a) A talent service, its owners, directors, officers, agents, and employees shall not do any of the following through any means of communication, including, but not limited to, in person, through the use of a telecommunication device, in print, on the Internet, or through the use of a mobile or online application or other electronic communication: -(1) Make or cause to be made any advertisement or representation expressly or impliedly offering the opportunity for an artist to meet with or audition before any producer, director, casting director, or any associate thereof, or any other person who makes, or is represented to make, decisions for the process of hiring artists for employment as an artist, or any talent agent or talent manager, or any associate, representative, or designee thereof, unless the talent service maintains for inspection and copying written evidence of the supporting facts, including the name, business address, and job title of all persons conducting the meeting or audition, and the title of the production and the name of the production company. -(2) Make or cause to be made any advertisement or representation that any artist, whether identified or not, has obtained an audition, employment opportunity, or employment as an artist in whole or in part by use of the talent service unless the talent service maintains for inspection written evidence of the supporting facts upon which the claim is based, including the name of the artist and the approximate dates the talent service was used by the artist. -(3) Charge or attempt to charge an artist for an audition or employment opportunity. -(4) Require an artist, as a condition for using the talent service or for obtaining an additional benefit or preferential treatment from the talent service, to pay a fee for creating or providing photographs, filmstrips, videotapes, audition tapes, demonstration reels, or other reproductions of the artist, Internet Web sites, casting or talent brochures, or other promotional materials for the artist. -(5) Charge or attempt to charge an artist any fee not disclosed pursuant to paragraph (4) of subdivision (a) of Section 1703. -(6) Refer an artist to a person who charges the artist a fee for any service or any product in which the talent service, its owners, directors, officers, agents, or employees have a direct or indirect financial interest, unless the fee and the financial interest are conspicuously disclosed in a separate writing provided to the artist to keep prior to his or her execution of the contract with the talent service. -(7) Require an artist, as a condition for using a talent service or for obtaining any additional benefit or preferential treatment from the talent service, to pay a fee to any other talent service in which the talent service, its owners, directors, officers, agents, or employees have a direct or indirect financial interest. -(8) Accept any compensation or other consideration for referring an artist to any person charging the artist a fee. -(9) Fail to remove information about, or photographs of, the artist displayed on the talent service’s Internet Web site, online service, online application, or mobile application or an Internet Web site, online service, online application, or mobile application that the service has the authority to design or alter within 10 days of delivery of a request made by telephone, text message, mail, facsimile transmission, email, or other electronic communication from the artist or from a parent or guardian of the artist if the artist is a minor. -(b) A talent training service and talent counseling service and the owners, officers, directors, agents, and employees of the talent training service or talent counseling service shall not own, operate, or have a direct or indirect financial interest in a talent listing service. -(c) A talent listing service and its owners, officers, directors, agents, and employees shall not do any of the following: -(1) Own, operate, or have a direct or indirect financial interest in a talent training service or a talent counseling service. -(2) Provide a listing of an audition, job, or employment opportunity without written permission for the listing. A talent listing service shall keep and maintain a copy of all original listings; the name, business address, and business telephone number of the person granting permission to the talent listing service to use the listing; and the date the permission was granted. -(3) Make or cause to be made an advertisement or representation that includes the trademark, logo, name, word, or phrase of a company or organization, including a studio, production company, network, broadcaster, talent agency licensed pursuant to Section 1700.5, labor union, or labor organization as defined in Section 1117, in any manner that falsely or misleadingly suggests the endorsement, sponsorship, approval, or affiliation of a talent service. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law regulates the licensing and operation of talent services within the entertainment industry. Existing law prohibits specific activities or omissions by a talent service or its owners, directors, officers, agents, and employees, including the failure to remove information about, or photographs of, an artist displayed on the talent service’s Internet Web site or an Internet Web site that the service has the authority to design or alter, within 10 days of delivery of a request made by telephone, mail, facsimile transmission, or email from the artist or from a parent or guardian of the artist if the artist is a minor. If the talent service offers to display information about, or a photograph of, an artist on the service’s Internet Web site, existing law requires a contract between an artist and a talent service to contain a notice that the talent service will remove the content within 10 days of a request by the artist or the artist’s parent or guardian, if a minor. A willful violation of those prohibitions is a crime. -This bill would prohibit these specific activities or omissions of a talent service, its owners, directors, officers, agents, and employees through any means of communication. The bill would extend the prohibition of the failure to remove an artist’s information or photographs to those displayed on an online service, online application, or mobile application of the talent service or one that the talent service has the authority to design or alter and would require the talent service to also act on requests to remove information or photographs made by text message or other electronic communication. The bill would expand the above-described notice requirement to contracts in which the talent service offers to display information about, or a photograph of, an artist on the service’s online service, online application, or mobile application. Because a violation of these provisions would be a crime under certain circumstances, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 1703 and 1703.4 of the Labor Code, relating to employment." -1010,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature, with the enactment of this act, to establish procedures to ensure that individuals move between Medi-Cal and the California Health Benefit Exchange without any breaks in coverage as required under subdivision (h) of Section 15926 of the Welfare and Institutions Code. -SEC. 2. -Section 14005.37 of the Welfare and Institutions Code is amended to read: -14005.37. -(a) Except as provided in Section 14005.39, a county shall perform redeterminations of eligibility for Medi-Cal beneficiaries every 12 months and shall promptly redetermine eligibility whenever the county receives information about changes in a beneficiary’s circumstances that may affect eligibility for Medi-Cal benefits. The procedures for redetermining Medi-Cal eligibility described in this section shall apply to all Medi-Cal beneficiaries. -(b) Loss of eligibility for cash aid under that program shall not result in a redetermination under this section unless the reason for the loss of eligibility is one that would result in the need for a redetermination for a person whose eligibility for Medi-Cal under Section 14005.30 was determined without a concurrent determination of eligibility for cash aid under the CalWORKs program. -(c) A loss of contact, as evidenced by the return of mail marked in such a way as to indicate that it could not be delivered to the intended recipient or that there was no forwarding address, shall require a prompt redetermination according to the procedures set forth in this section. -(d) Except as otherwise provided in this section, Medi-Cal eligibility shall continue during the redetermination process described in this section and a beneficiary’s Medi-Cal eligibility shall not be terminated under this section until the county makes a specific determination based on facts clearly demonstrating that the beneficiary is no longer eligible for Medi-Cal benefits under any basis and due process rights guaranteed under this division have been met. For the purposes of this subdivision, for a beneficiary who is subject to the use of MAGI-based financial methods, the determination of whether the beneficiary is eligible for Medi-Cal benefits under any basis shall include, but is not limited to, a determination of eligibility for Medi-Cal benefits on a basis that is exempt from the use of MAGI-based financial methods only if either of the following occurs: -(1) The county assesses the beneficiary as being potentially eligible under a program that is exempt from the use of MAGI-based financial methods, including, but not limited to, on the basis of age, blindness, disability, or the need for long-term care services and supports. -(2) The beneficiary requests that the county determine whether he or she is eligible for Medi-Cal benefits on a basis that is exempt from the use of MAGI-based financial methods. -(e) (1) For purposes of acquiring information necessary to conduct the eligibility redeterminations described in this section, a county shall gather information available to the county that is relevant to the beneficiary’s Medi-Cal eligibility prior to contacting the beneficiary. Sources for these efforts shall include information contained in the beneficiary’s file or other information, including more recent information available to the county, including, but not limited to, Medi-Cal, CalWORKs, and CalFresh case files of the beneficiary or of any of his or her immediate family members, which are open, or were closed within the last 90 days, information accessed through any databases accessed under Sections 435.948, 435.949, and 435.956 of Title 42 of the Code of Federal Regulations, and wherever feasible, other sources of relevant information reasonably available to the county or to the county via the department. -(2) In the case of an annual redetermination, if, based upon information obtained pursuant to paragraph (1), the county is able to make a determination of continued eligibility, the county shall notify the beneficiary of both of the following: -(A) The eligibility determination and the information it is based on. -(B) That the beneficiary is required to inform the county via the Internet, by telephone, by mail, in person, or through other commonly available electronic means, in counties where such electronic communication is available, if any information contained in the notice is inaccurate but that the beneficiary is not required to sign and return the notice if all information provided on the notice is accurate. -(3) The county shall make all reasonable efforts not to send multiple notices during the same time period about eligibility. The notice of eligibility renewal shall contain other related information such as if the beneficiary is in a new Medi-Cal program. -(4) In the case of a redetermination due to a change in circumstances, if a county determines that the change in circumstances does not affect the beneficiary’s eligibility status, the county shall not send the beneficiary a notice unless required to do so by federal law. -(f) (1) In the case of an annual eligibility redetermination, if the county is unable to determine continued eligibility based on the information obtained pursuant to paragraph (1) of subdivision (e), the beneficiary shall be so informed and shall be provided with an annual renewal form, at least 60 days before the beneficiary’s annual redetermination date, that is prepopulated with information that the county has obtained and that identifies any additional information needed by the county to determine eligibility. The form shall include all of the following: -(A) The requirement that he or she provide any necessary information to the county within 60 days of the date that the form is sent to the beneficiary. -(B) That the beneficiary may respond to the county via the Internet, by mail, by telephone, in person, or through other commonly available electronic means if those means are available in that county. -(C) That if the beneficiary chooses to return the form to the county in person or via mail, the beneficiary shall sign the form in order for it to be considered complete. -(D) The telephone number to call in order to obtain more information. -(2) The county shall attempt to contact the beneficiary via the Internet, by telephone, or through other commonly available electronic means, if those means are available in that county, during the 60-day period after the prepopulated form is mailed to the beneficiary to collect the necessary information if the beneficiary has not responded to the request for additional information or has provided an incomplete response. -(3) If the beneficiary has not provided any response to the written request for information sent pursuant to paragraph (1) within 60 days from the date the form is sent, the county shall terminate his or her eligibility for Medi-Cal benefits following the provision of timely notice. -(4) If the beneficiary responds to the written request for information during the 60-day period pursuant to paragraph (1) but the information provided is not complete, the county shall follow the procedures set forth in paragraph (3) of subdivision (g) to work with the beneficiary to complete the information. -(5) (A) The form required by this subdivision shall be developed by the department in consultation with the counties and representatives of eligibility workers and consumers. -(B) For beneficiaries whose eligibility is not determined using MAGI-based financial methods, the county may use existing renewal forms until the state develops prepopulated renewal forms to provide to beneficiaries. The department shall develop prepopulated renewal forms for use with beneficiaries whose eligibility is not determined using MAGI-based financial methods by January 1, 2015. -(g) (1) In the case of a redetermination due to change in circumstances, if a county cannot obtain sufficient information to redetermine eligibility pursuant to subdivision (e), the county shall send to the beneficiary a form that is prepopulated with the information that the county has obtained and that states the information needed to renew eligibility. The county shall only request information related to the change in circumstances. The county shall not request information or documentation that has been previously provided by the beneficiary, that is not absolutely necessary to complete the eligibility determination, or that is not subject to change. The county shall only request information for nonapplicants necessary to make an eligibility determination or for a purpose directly related to the administration of the state Medicaid plan. The form shall advise the individual to provide any necessary information to the county via the Internet, by telephone, by mail, in person, or through other commonly available electronic means and, if the individual will provide the form by mail or in person, to sign the form. The form shall include a telephone number to call in order to obtain more information. The form shall be developed by the department in consultation with the counties, representatives of consumers, and eligibility workers. A Medi-Cal beneficiary shall have 30 days from the date the form is mailed pursuant to this subdivision to respond. Except as provided in paragraph (2), failure to respond prior to the end of this 30-day period shall not impact his or her Medi-Cal eligibility. -(2) If the purpose for a redetermination under this section is a loss of contact with the Medi-Cal beneficiary, as evidenced by the return of mail marked in such a way as to indicate that it could not be delivered to the intended recipient or that there was no forwarding address, a return of the form described in this subdivision marked as undeliverable shall result in an immediate notice of action terminating Medi-Cal eligibility. -(3) During the 30-day period after the date of mailing of a form to the Medi-Cal beneficiary pursuant to this subdivision, the county shall attempt to contact the beneficiary by telephone, in writing, or other commonly available electronic means, in counties where such electronic communication is available, to request the necessary information if the beneficiary has not responded to the request for additional information or has provided an incomplete response. If the beneficiary does not supply the necessary information to the county within the 30-day limit, a 10-day notice of termination of Medi-Cal eligibility shall be sent. -(h) Beneficiaries shall be required to report any change in circumstances that may affect their eligibility within 10 calendar days following the date the change occurred. -(i) If within 90 days of termination of a Medi-Cal beneficiary’s eligibility or a change in eligibility status pursuant to this section, the beneficiary submits to the county a signed and completed form or otherwise provides the needed information to the county, eligibility shall be redetermined by the county and if the beneficiary is found eligible, or the beneficiary’s eligibility status has not changed, whichever applies, the termination shall be rescinded as though the form were submitted in a timely manner. -(j) If the information available to the county pursuant to the redetermination procedures of this section does not indicate a basis of eligibility, Medi-Cal benefits may be terminated so long as due process requirements have otherwise been met. -(k) The department shall, with the counties and representatives of consumers, including those with disabilities, and Medi-Cal eligibility workers, develop a timeframe for redetermination of Medi-Cal eligibility based upon disability, including ex parte review, the redetermination forms described in subdivisions (f) and (g), timeframes for responding to county or state requests for additional information, and the forms and procedures to be used. The forms and procedures shall be as consumer-friendly as possible for people with disabilities. The timeframe shall provide a reasonable and adequate opportunity for the Medi-Cal beneficiary to obtain and submit medical records and other information needed to establish eligibility for Medi-Cal based upon disability. -(l) The county shall consider blindness as continuing until the reviewing physician determines that a beneficiary’s vision has improved beyond the applicable definition of blindness contained in the plan. -(m) The county shall consider disability as continuing until the review team determines that a beneficiary’s disability no longer meets the applicable definition of disability contained in the plan. -(n) In the case of a redetermination due to a change in circumstances, if a county determines that the beneficiary remains eligible for Medi-Cal benefits, the county shall begin a new 12-month eligibility period. -(o) (1) For individuals determined ineligible for Medi-Cal by a county following the redetermination procedures set forth in this section, the county shall determine eligibility for other insurance affordability programs and if the individual is found to be eligible, the county shall, as appropriate, transfer the individual’s electronic account to other insurance affordability programs via a secure electronic interface. -(2) If the individual is eligible to enroll in a qualified health plan through the California Health Benefit Exchange established pursuant to Title 22 (commencing with Section 100500) of the Government Code, Medi-Cal benefits shall not be terminated until at least 20 days after the county sends the notice of action terminating Medi-Cal eligibility. The notice of action shall inform the individual of the date by which he or she must select and enroll in a qualified health plan through the Exchange to avoid being uninsured. This paragraph shall only be implemented to the extent that federal financial participation is available. -(p) Any renewal form or notice shall be accessible to persons who are limited-English proficient and persons with disabilities consistent with all federal and state requirements. -(q) The requirements to provide information in subdivisions (e) and (g), and to report changes in circumstances in subdivision (h), may be provided through any of the modes of submission allowed in Section 435.907(a) of Title 42 of the Code of Federal Regulations, including an Internet Web site identified by the department, telephone, mail, in person, and other commonly available electronic means as authorized by the department. -(r) Forms required to be signed by a beneficiary pursuant to this section shall be signed under penalty of perjury. Electronic signatures, telephonic signatures, and handwritten signatures transmitted by electronic transmission shall be accepted. -(s) For purposes of this section, “MAGI-based financial methods” means income calculated using the financial methodologies described in Section 1396a(e)(14) of Title 42 of the United States Code, and as added by the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any subsequent amendments. -(t) When contacting a beneficiary under paragraphs (2) and (4) of subdivision (f), and paragraph (3) of subdivision (g), a county shall first attempt to use the method of contact identified by the beneficiary as the preferred method of contact, if a method has been identified. -(u) The department shall seek federal approval to extend the annual redetermination date under this section for a three-month period for those Medi-Cal beneficiaries whose annual redeterminations are scheduled to occur between January 1, 2014, and March 31, 2014. -(v) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted. The department shall adopt regulations by July 1, 2017, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Beginning six months after the effective date of this section, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted. -(w) This section shall be implemented only if and to the extent that federal financial participation is available and any necessary federal approvals have been obtained. -SEC. 3. -Section 15927 is added to the Welfare and Institutions Code, immediately following Section 15926, to read: -15927. -(a) If an individual who has been enrolled in a qualified health plan through the Exchange is determined newly eligible for Medi-Cal through the California Healthcare Eligibility, Enrollment and Retention System (CalHEERS) developed under Section 15926, the individual’s case information and eligibility determination shall be referred to his or her county of residence within three business days. -(b) (1) If the referral indicates that an individual is eligible or conditionally eligible for MAGI Medi-Cal, the county shall prioritize the referral for processing to ensure the individual’s Medi-Cal eligibility is effective according to either of the following timelines, as applicable: -(A) If the referral is received with at least five business days remaining in the month, the county shall prioritize the referral for processing to ensure the individual’s Medi-Cal eligibility is effective on the first day of the following month. -(B) If the referral is received with less than five business days remaining in the month, the county shall prioritize the referral for processing to ensure the individual’s Medi-Cal eligibility is effective no later than the first day of the second month following receipt of the referral. -(2) If the referral requires follow-up to establish Medi-Cal eligibility, the county shall prioritize the referral for processing to ensure the individual’s Medi-Cal eligibility is effective no later than the first day of the second month following receipt of the referral. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes various programs to provide health care coverage to persons with limited financial resources, including the Medi-Cal program and the state’s children’s health insurance program (CHIP). Existing law establishes the California Health Benefit Exchange (Exchange), pursuant to the federal Patient Protection and Affordable Care Act, and specifies the duties and powers of the board governing the Exchange relative to determining eligibility for enrollment in the Exchange and arranging for coverage under qualified health plans through the Exchange. -Existing law, the Health Care Reform Eligibility, Enrollment, and Retention Planning Act, requires an individual to have the option to apply for insurance affordability programs in person, by mail, online, by telephone, or by other commonly available electronic means. Existing law defines “insurance affordability programs” to include the Medi-Cal program, CHIP, and a program that makes available to qualified individuals coverage in a qualified health benefit plan through the Exchange with advance payment of the premium tax credit established under a specified provision of the Internal Revenue Code and a cost-sharing reduction under a specified provision of federal law. During the processing of an application, renewal, or a transition due to a change in circumstances, existing law requires an entity making eligibility determinations for an insurance affordability program to ensure that an eligible applicant and recipient of those programs that meets all program eligibility requirements and complies with all necessary requirements for information moves between programs without any breaks in coverage and without being required to provide any forms, documents, or other information or undergo verification that is duplicative or otherwise unnecessary. -This bill would establish procedures to ensure that eligible recipients of insurance affordability programs move between the Medi-Cal program and other insurance affordability programs without any breaks in coverage as required under the provision described above. The bill would require an individual’s case information and eligibility determination to be referred to his or her county of residence within 3 business days if the individual who has been enrolled in a qualified health plan through the Exchange is determined newly eligible for Medi-Cal through the California Healthcare Eligibility, Enrollment and Retention System (CalHEERS). The bill would require those referrals to be processed by the county, as specified, to ensure the individual’s Medi-Cal eligibility is effective pursuant to specified timelines. -The bill would generally prohibit, if an individual is eligible to enroll in a qualified health plan through the Exchange, Medi-Cal benefits from being terminated until at least 20 days after the county sends the notice of action terminating Medi-Cal eligibility, and would require the notice of action to inform the individual of the date by which he or she must select and enroll in a qualified health benefit plan through the Exchange, as specified. The bill would provide that this provision shall only be implemented to the extent that federal financial participation is available. -By modifying the enrollment process under the Medi-Cal program, thereby increasing the responsibilities of counties in the administration of the Medi-Cal program, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 14005.37 of, and to add Section 15927 to, the Welfare and Institutions Code, relating to public health." -1011,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 166 of the Penal Code is amended to read: -166. -(a) Except as provided in subdivisions (b), (c), and (d), a person guilty of any of the following contempts of court is guilty of a misdemeanor: -(1) Disorderly, contemptuous, or insolent behavior committed during the sitting of a court of justice, in the immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority. -(2) Behavior specified in paragraph (1) that is committed in the presence of a referee, while actually engaged in a trial or hearing, pursuant to the order of a court, or in the presence of any jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law. -(3) A breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court. -(4) Willful disobedience of the terms as written of any process or court order or out-of-state court order, lawfully issued by a court, including orders pending trial. -(5) Resistance willfully offered by any person to the lawful order or process of a court. -(6) The contumacious and unlawful refusal of a person to be sworn as a witness or, when so sworn, the like refusal to answer a material question. -(7) The publication of a false or grossly inaccurate report of the proceedings of a court. -(8) Presenting to a court having power to pass sentence upon a prisoner under conviction, or to a member of the court, an affidavit, testimony, or representation of any kind, verbal or written, in aggravation or mitigation of the punishment to be imposed upon the prisoner, except as provided in this code. -(9) Willful disobedience of the terms of an injunction that restrains the activities of a criminal street gang or any of its members, lawfully issued by a court, including an order pending trial. -(b) (1) A person who is guilty of contempt of court under paragraph (4) of subdivision (a) by willfully contacting a victim by telephone or mail, or directly, and who has been previously convicted of a violation of Section 646.9 shall be punished by imprisonment in a county jail for not more than one year, by a fine of five thousand dollars ($5,000), or by both that fine and imprisonment. -(2) For the purposes of sentencing under this subdivision, each contact shall constitute a separate violation of this subdivision. -(3) The present incarceration of a person who makes contact with a victim in violation of paragraph (1) is not a defense to a violation of this subdivision. -(c) (1) Notwithstanding paragraph (4) of subdivision (a), a willful and knowing violation of a protective order or stay-away court order described as follows shall constitute contempt of court, a misdemeanor, punishable by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine: -(A) An order issued pursuant to Section 136.2. -(B) An order issued pursuant to paragraph (2) of subdivision (a) of Section 1203.097. -(C) An order issued after a conviction in a criminal proceeding involving elder or dependent adult abuse, as defined in Section 368. -(D) An order issued pursuant to Section 1201.3. -(E) An order described in paragraph (3). -(F) An order issued pursuant to subdivision (j) of Section 273.5. -(2) If a violation of paragraph (1) results in a physical injury, the person shall be imprisoned in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence is suspended. -(3) Paragraphs (1) and (2) apply to the following court orders: -(A) An order issued pursuant to Section 6320 or 6389 of the Family Code. -(B) An order excluding one party from the family dwelling or from the dwelling of the other. -(C) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the orders described in paragraph (1). -(4) A second or subsequent conviction for a violation of an order described in paragraph (1) occurring within seven years of a prior conviction for a violation of any of those orders and involving an act of violence or “a credible threat” of violence, as provided in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or in the state prison for 16 months or two or three years. -(5) The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1). -(d) (1) A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure, shall be punished under Section 29825. -(2) A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (h) of Section 6389 of the Family Code. -(e) (1) If probation is granted upon conviction of a violation of subdivision (c), the court shall impose probation consistent with Section 1203.097. -(2) If probation is granted upon conviction of a violation of subdivision (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements: -(A) That the defendant make payments to a battered women’s shelter, up to a maximum of one thousand dollars ($1,000). -(B) That the defendant provide restitution to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. -(3) For an order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision or subdivision (c), the court shall make a determination of the defendant’s ability to pay. In no event shall an order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. -(4) If the injury to a married person is caused in whole, or in part, by the criminal acts of his or her spouse in violation of subdivision (c), the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents required by this subdivision, until all separate property of the offending spouse is exhausted. -(5) A person violating an order described in subdivision (c) may be punished for any substantive offenses described under Section 136.1 or 646.9. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1 or 646.9. However, a person held in contempt for a violation of subdivision (c) shall be entitled to credit for any punishment imposed as a result of that violation against any sentence imposed upon conviction of an offense described in Section 136.1 or 646.9. A conviction or acquittal for a substantive offense under Section 136.1 or 646.9 shall be a bar to a subsequent punishment for contempt arising out of the same act. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law generally punishes the willful disobedience of the terms of a court order as contempt of court by imprisonment in a county jail not exceeding 6 months, a fine not exceeding $1,000, or both that imprisonment and fine. Existing law makes the willful and knowing violation of specified protective orders or stay-away court orders punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than $1,000, or by both that imprisonment and fine for a first offense, and makes a 2nd or subsequent conviction for a violation of these specified protective orders or stay-away court orders occurring within 7 years of a prior conviction and involving an act of violence or credible threat of violence punishable as either a misdemeanor or a felony. If probation is granted upon conviction of a willful and knowing violation of these specified protective orders or stay-away court orders, existing law requires the court to impose a minimum period of probation of 36 months, a criminal protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, a minimum fine of $500, successful completion of a batterer’s program, and a specified amount of appropriate community service, among other requirements. -Under existing law, any person who willfully inflicts corporal injury resulting in a traumatic condition upon a spouse or former spouse, cohabitant or former cohabitant, fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, or the mother or father of the offender’s child, is guilty of a felony or a misdemeanor. Upon a conviction, existing law allows the sentencing court to issue an order restraining the defendant from any contact with the victim for up to 10 years. -This bill would make a violation of the above protective order issued for the conviction of inflicting a corporal injury resulting in a traumatic condition punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $1,000, or by both that imprisonment and fine. The bill would make a 2nd or subsequent violation occurring within 7 years involving an act of violence or a credible threat of violence punishable as a felony or a misdemeanor. If probation is granted for a violation of these protective orders, this bill would require the court to impose a minimum period of probation of 36 months, a criminal protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, a minimum fine of $500, successful completion of a batterer’s program, and a specified amount of appropriate community service, among other requirements. By increasing the punishment for a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 166 of the Penal Code, relating to crimes." -1012,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1367.255 is added to the Health and Safety Code, immediately following Section 1367.25, to read: -1367.255. -(a) Notwithstanding any other law, a health care service plan is not required to include abortion as a covered benefit. The director shall not deny, suspend, or revoke the license of, or otherwise sanction or discriminate against, a licensee on the basis that the licensee excludes coverage for abortions pursuant to this section. -(b) This section does not require a health care service plan to exclude or restrict coverage for abortions. -SECTION 1. -Section 1367 of the -Health and Safety Code -is amended to read: -1367. -A health care service plan and, if applicable, a specialized health care service plan shall meet the following requirements: -(a)Facilities located in this state, including, but not limited to, clinics, hospitals, and skilled nursing facilities to be utilized by the plan shall be licensed by the State Department of Public Health, where licensure is required by law. Facilities not located in this state shall conform to all licensing and other requirements of the jurisdiction in which they are located. -(b)Personnel employed by, or under contract with, the plan shall be licensed or certified by their respective board or agency, where licensure or certification is required by law. -(c)Equipment required to be licensed or registered by law shall be so licensed or registered, and the operating personnel for that equipment shall be licensed or certified as required by law. -(d)The plan shall furnish services in a manner providing continuity of care and ready referral of patients to other providers at times as may be appropriate consistent with good professional practice. -(e)(1)All services shall be readily available at reasonable times to each enrollee consistent with good professional practice. To the extent feasible, the plan shall make all services readily accessible to all enrollees consistent with Section 1367.03. -(2)To the extent that telehealth services are appropriately provided through telehealth, as defined in subdivision (a) of Section 2290.5 of the Business and Professions Code, these services shall be considered in determining compliance with Section 1300.67.2 of Title 28 of the California Code of Regulations. -(3)The plan shall make all services accessible and appropriate consistent with Section 1367.04. -(f)The plan shall employ and utilize allied health manpower for the furnishing of services to the extent permitted by law and consistent with good medical practice. -(g)The plan shall have the organizational and administrative capacity to provide services to subscribers and enrollees. The plan shall be able to demonstrate to the department that medical decisions are rendered by qualified medical providers, unhindered by fiscal and administrative management. -(h)(1)Contracts with subscribers and enrollees, including group contracts, and contracts with providers, and other persons furnishing services, equipment, or facilities to, or in connection with, the plan, shall be fair, reasonable, and consistent with the objectives of this chapter. All contracts with providers shall contain provisions requiring a fast, fair, and cost-effective dispute resolution mechanism under which providers may submit disputes to the plan, and requiring the plan to inform its providers upon contracting with the plan or upon change to these provisions, of the procedures for processing and resolving disputes, including the location and telephone number where information regarding disputes may be submitted. -(2)A health care service plan shall ensure that a dispute resolution mechanism is accessible to noncontracting providers for the purpose of resolving billing and claims disputes. -(3)A health care service plan shall annually submit a report to the department regarding its dispute resolution mechanism. The report shall include information on the number of providers who utilized the dispute resolution mechanism and a summary of the disposition of those disputes. -(i)A health care service plan contract shall provide to subscribers and enrollees all of the basic health care services included in subdivision (b) of Section 1345, except that the director may, for good cause, by rule or order exempt a plan contract or any class of plan contracts from that requirement. The director shall by rule define the scope of each basic health care service that health care service plans are required to provide as a minimum for licensure under this chapter. Nothing in this chapter shall prohibit a health care service plan from charging subscribers or enrollees a copayment or a deductible for a basic health care service consistent with Section 1367.006 or 1367.007, provided that the copayments, deductibles, or other cost sharing are reported to the director and set forth to the subscriber or enrollee pursuant to the disclosure provisions of Section 1363. Nothing in this chapter shall prohibit a health care service plan from setting forth, by contract, limitations on maximum coverage of basic health care services, provided that the limitations are reported to, and held unobjectionable by, the director and set forth to the subscriber or enrollee pursuant to the disclosure provisions of Section 1363. -(j)(1)A health care service plan shall not require registration under the federal Controlled Substances Act (21 U.S.C. Sec. 801 et seq.) as a condition for participation by an optometrist certified to use therapeutic pharmaceutical agents pursuant to Section 3041.3 of the Business and Professions Code. -(2)This section shall not be construed to permit the director to establish the rates charged subscribers and enrollees for contractual health care services. -(3)The director’s enforcement of Article 3.1 (commencing with Section 1357) shall not be deemed to establish the rates charged subscribers and enrollees for contractual health care services. -(4)The obligation of the plan to comply with this chapter shall not be waived when the plan delegates services that it is required to perform to its medical groups, independent practice associations, or other contracting entities.","Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the regulation of health care service plans by the Department of Managed Health Care. Under existing law, the Director of Managed Health Care may, after appropriate notice and opportunity for a hearing, by order suspend or revoke a license issued under the act or assess administrative penalties if the director determines that the licensee has committed an act or omission constituting grounds for disciplinary action. -This bill would provide that a health care service plan is not required to include abortion as a covered benefit. The bill would prohibit the director from denying a license, or disciplining a licensee, on the basis that the plan excludes coverage for abortions. -Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law requires health care service plans and, if applicable, specialized health care service plans, to meet specified criteria, including requiring the appropriate licensure of facilities and personnel. Willful violation of that act a crime. -This bill would make technical, nonsubstantive changes to these provisions.","An act to -amend Section 1367 of -add Section 1367.255 to -the Health and Safety Code, relating to health -care. -care coverage." -1013,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11174.32 of the Penal Code is amended to read: -11174.32. -(a) Each county may establish an interagency child death review team to assist local agencies in identifying and reviewing suspicious child deaths and facilitating communication among persons who perform autopsies and the various persons and agencies involved in child abuse or neglect cases. Interagency child death review teams have been used successfully to ensure that incidents of child abuse or neglect are recognized and other siblings and nonoffending family members receive the appropriate services in cases where a child has expired. -(b) Each county may develop a protocol that may be used as a guideline by persons performing autopsies on children to assist coroners and other persons who perform autopsies in the identification of child abuse or neglect, in the determination of whether child abuse or neglect contributed to death or whether child abuse or neglect had occurred prior to but was not the actual cause of death, and in the proper written reporting procedures for child abuse or neglect, including the designation of the cause and mode of death. -(c) In developing an interagency child death review team and an autopsy protocol, each county, working in consultation with local members of the California State Coroner’s Association and county child abuse prevention coordinating councils, may solicit suggestions and final comments from persons, including, but not limited to, the following: -(1) Experts in the field of forensic pathology. -(2) Pediatricians with expertise in child abuse. -(3) Coroners and medical examiners. -(4) Criminologists. -(5) District attorneys. -(6) Child protective services staff. -(7) Law enforcement personnel. -(8) Representatives of local agencies which are involved with child abuse or neglect reporting. -(9) County health department staff who deals with children’s health issues. -(10) Local professional associations of persons described in paragraphs (1) to (9), inclusive. -(d) Records exempt from disclosure to third parties pursuant to state or federal law shall remain exempt from disclosure when they are in the possession of a child death review team. -(e) Written and oral information pertaining to the child's death as requested by a child death review team may be disclosed to a child death review team established pursuant to this section. The team may make a request, in writing, for the information sought and any person with information of the kind described in paragraph (2) may rely on the request in determining whether information may be disclosed to the team. -(1) An individual or agency that has information governed by this subdivision shall not be required to disclose information. The intent of this subdivision is to allow the voluntary disclosure of information by the individual or agency that has the information. -(2) The following information may be disclosed pursuant to this subdivision: -(A) Notwithstanding Section 56.10 of the Civil Code, medical information, unless disclosure is prohibited by federal law. -(B) Notwithstanding Section 5328 of the Welfare and Institutions Code, mental health information. -(C) Notwithstanding Section 11167.5, information from child abuse reports and investigations, except the identity of the person making the report, which shall not be disclosed. -(D) State summary criminal history information, criminal offender record information, and local summary criminal history information, as defined in Sections 11105, 11075, and 13300, respectively. -(E) Notwithstanding Section 11163.2, information pertaining to reports by health practitioners of persons suffering from physical injuries inflicted by means of a firearm or of persons suffering physical injury where the injury is a result of assaultive or abusive conduct. -(F) Notwithstanding Section 10850 of the Welfare and Institutions Code, records of in-home supportive services, unless disclosure is prohibited by federal law. -(3) Written or oral information disclosed to a child death review team pursuant to this subdivision shall remain confidential, and shall not be subject to disclosure or discovery by a third party unless otherwise required by law. -(f) (1) No less than once each year, each child death review team shall make available to the public findings, conclusions and recommendations of the team, including aggregate statistical data on the incidences and causes of child deaths. -(2) In its report, the child death review team shall withhold the last name of the child that is subject to a review or the name of the deceased child’s siblings unless the name has been publicly disclosed or is required to be disclosed by state law, federal law, or court order. -SEC. 2. -The Legislature finds and declares that Section 1 of this act, which amends Section 11174.32 of the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -In order to facilitate the voluntary disclosure of confidential information to child death review teams and to retain the confidentiality of that information, the limitations on the public’s right of access imposed by Section 1 of this act are necessary.","Existing law authorizes a county to establish an interagency child death review team to assist local agencies in identifying and reviewing suspicious child deaths and facilitating communication among persons who perform autopsies and the various persons and agencies involved in child abuse or neglect cases. Existing law requires records that are exempt from disclosure to 3rd parties pursuant to state or federal law to remain exempt from disclosure when they are in the possession of a child death review team. -This bill would authorize the voluntary disclosure of specified information, including mental health records, criminal history information, and child abuse reports, by an individual or agency to an interagency child death review team. The bill would provide that written or oral information disclosed to a child death review team pursuant to these provisions would remain confidential, and would not be subject to disclosure or discovery by a 3rd party unless otherwise required by law. -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to amend Section 11174.32 of the Penal Code, relating to crime." -1014,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 75230 of the Public Resources Code is amended to read: -75230. -(a) The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. -(b) Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund, established pursuant to Section 16428.8 of the Government Code. -(c) Funding shall be allocated by the Controller consistent with the requirements of this part and with Section 39719 of the Health and Safety Code, upon a determination by the Department of Transportation that the expenditures proposed by a transit agency meet the requirements of this part and guidelines developed pursuant to subdivision (f), and that the amount of funding requested is currently available. -(d) (1) Moneys for the program shall be expended to provide transit operating or capital assistance that meets all of the following criteria: -(A) Expenditures supporting new or expanded bus or rail services, new or expanded water-borne transit, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities. -(B) The recipient transit agency demonstrates that each expenditure directly enhances or expands transit service to increase mode share. -(C) The recipient transit agency demonstrates that each expenditure reduces greenhouse gas emissions. -(2) (A) Moneys for the program may additionally be expended to support the operation of existing bus or rail service if all of the following occur: -(i) The governing board of the transit agency declares a fiscal emergency, as defined in paragraph (2) of subdivision (d) of Section 21080.32, within 90 days prior to the agency requesting the funds. -(ii) The expenditure of the requested funds is necessary to sustain the transit agency’s transit service in the fiscal year in which the requested funds are to be expended. -(iii) The governing board of the transit agency would be required to reduce or eliminate transit service if the requested funds are not received. -(iv) The governing board makes a finding that a reduction in, or elimination of, transit service would increase greenhouse gas emissions because transit customers would choose other less-efficient modes of transportation. -(v) The transit agency does not request funds over consecutive funding years unless the transit agency has declared a fiscal emergency in each year consistent with clause (i). -(vi) The transit agency does not request funds for more than three consecutive funding years. -(B) Moneys allocated for the purpose of this paragraph shall be expended to provide transit operating assistance that meets both of the following criteria: -(i) The expenditures support current bus- or rail-service operating costs and may include labor, fueling, maintenance, and other costs to operate and maintain those services. -(ii) The recipient transit agency demonstrates that each expenditure directly sustains transit service that would otherwise be reduced or eliminated in the upcoming year if those funds were not received. -(e) For transit agencies whose service areas include disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, at least 50 percent of the total moneys received purs: -(1) A list of proposed expense types for anticipated funding levels. -(2) The documentation required by the guidelines developed pursuant to subdivision (f) to demonstrate compliance with subdivisions (d) and (e). -(i) Before authorizing the disbursement of funds, the Department of Transportation, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense -types, -types -based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to subdivision (f). -(j) The Department of Transportation shall notify the Controller of approved expenditures for each transit agency and the amount of the allocation for each transit agency determined to be available at that time of approval. -(k) The recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for -the -use of -the -fund proceeds developed by the State Air Resources Board. -(l) The Department of Transportation and recipient transit agencies shall comply with the guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code to ensure that the requirements of Section 39713 of the Health and Safety Code are met to maximize the benefits to disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code.","The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all -moneys, except for fines and penalties, -moneys -collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing law continuously appropriates specified portions of the annual proceeds in the fund to various programs, including 5% for the Low Carbon Transit Operations Program, which provides operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. -This bill would additionally authorize moneys appropriated to the program to be expended to support the operation of existing bus or rail service if the governing board of the requesting transit agency declares a fiscal emergency and other criteria are met, thereby expanding the scope of an existing continuous appropriation.","An act to amend Section 75230 of the Public Resources Code, relating to transportation, and making an appropriation therefor." -1015,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25503.6 of the Business and Professions Code is amended to read: -25503.6. -(a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to all of the following conditions: -(1) The on-sale licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or the major tenant of the owner of any of the following: -(A) An outdoor stadium or a fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in Sacramento County or Alameda County. -(B) A fully enclosed arena with a fixed seating capacity in excess of 18,000 seats located in Orange County or Los Angeles County. -(C) An outdoor stadium or fully enclosed arena with a fixed seating capacity in excess of 8,500 seats located in Kern County. -(D) An exposition park of not less than 50 acres that includes an outdoor stadium with a fixed seating capacity in excess of 8,000 seats and a fully enclosed arena with an attendance capacity in excess of 4,500 people, located in San Bernardino County. -(E) An outdoor stadium with a fixed seating capacity in excess of 10,000 seats located in Yolo County. -(F) An outdoor stadium and a fully enclosed arena with fixed seating capacities in excess of 10,000 seats located in Fresno County. -(G) An athletic and entertainment complex of not less than 50 acres that includes within its boundaries an outdoor stadium with a fixed seating capacity of at least 8,000 seats and a second outdoor stadium with a fixed seating capacity of at least 3,500 seats located in Riverside County. -(H) An outdoor stadium with a fixed seating capacity in excess of 1,500 seats located in Tulare County. -(I) A motorsports entertainment complex of not less than 50 acres that includes within its boundaries an outdoor speedway with a fixed seating capacity of at least 50,000 seats, located in San Bernardino County. -(J) An exposition park, owned or operated by a bona fide nonprofit organization, of not less than 400 acres with facilities including a grandstand with a seating capacity of at least 8,000 people, at least one exhibition hall greater than 100,000 square feet, and at least four exhibition halls, each greater than 30,000 square feet, located in the City of Pomona or the City of La Verne in Los Angeles County. -(K) An outdoor soccer stadium with a fixed seating capacity of at least 25,000 seats, an outdoor tennis stadium with a fixed capacity of at least 7,000 seats, an outdoor track and field facility with a fixed seating capacity of at least 7,000 seats, and an indoor velodrome with a fixed seating capacity of at least 2,000 seats, all located within a sports and athletic complex built before January 1, 2005, in the City of Carson in Los Angeles County. -(L) An outdoor professional sports facility with a fixed seating capacity of at least 4,200 seats located in San Joaquin County. -(M) A fully enclosed arena with a fixed seating capacity in excess of 13,000 seats in the City of Inglewood. -(N) (i) An outdoor stadium with a fixed seating capacity of at least 68,000 seats located in the City of Santa Clara. -(ii) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, a major tenant of an outdoor stadium described in clause (i), provided the major tenant does not hold a retail license, and the advertising may include the placement of advertising in an on-sale licensed premises operated at the outdoor stadium. -(O) A complex of not more than 50 acres located on the campus of, and owned by, Sonoma State University dedicated to presenting live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances with venues that include a concert hall with a seating capacity of approximately 1,500 seats, a second concert hall with a seating capacity of up to 300 seats, an outdoor area with a seating capacity of up to 5,000 seats, and a further outdoor area with a seating capacity of up to 10,000 seats. With respect to this complex, advertising space and time may also be purchased from or on behalf of the owner of the complex, a long-term tenant or licensee of the venue, whether or not the owner, long-term tenant, or licensee holds an on-sale license. -(P) A fairgrounds with a horse racetrack and equestrian and sports facilities located in San Diego County. -(2) The outdoor stadium or fully enclosed arena described in paragraph (1) is not owned by a community college district. -(3) The advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned -or leased -by the on-sale licensee. With respect to an exposition park as described in subparagraph (J) of paragraph (1) that includes at least one hotel, the advertising space or time shall not be displayed on or in any hotel located in the exposition park, or purchased in connection with the operation of any hotel located in the exposition park. With respect to the complex described in subparagraph (O) of paragraph (1), the advertising space or time shall be purchased only in connection with live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances to be held on the premises of the complex. -(4) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced by the winegrower, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent that purchased the advertising space or time. -(b) Any purchase of advertising space or time pursuant to subdivision (a) shall be -conducted -controlled -pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent and any of the following: -(1) The on-sale licensee. -(2) With respect to clause (ii) of subparagraph (N) of paragraph (1) of subdivision (a), the major tenant of the outdoor stadium. -(3) With respect to subparagraph (O) of paragraph (1) of subdivision (a), the owner, a long-term tenant of the complex, or licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license. -(c) Any beer manufacturer or holder of a winegrower’s license, any distilled spirits rectifier, any distilled spirits manufacturer, or any distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill all or part of those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space, time, or costs involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. -(d) Any on-sale retail licensee, as described in subdivision (a), who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, a holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space or time pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. -(e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. -(f) The Legislature finds that it is necessary and proper to require a separation among manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition and intends that this section be construed accordingly. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the Alcoholic Beverage Control Act, authorizes a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to specified conditions, including that the advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned by the on-sale licensee. Existing law makes a violation of these provisions a crime. -This bill would change that specified condition to also allow the advertising space or time to be purchased in connection with the events to be held on those premises leased by the on-sale licensee. By changing the definition of a crime, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 25503.6 of the Business and Professions Code, relating to alcoholic beverages." -1016,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The electronic benefits transfer (EBT) system has operated statewide in California since 2004 as an effective and efficient method to issue government benefits to recipients. -(b) Research has shown that the use of EBT has many advantages for delivering public benefits. For recipients, EBT offers greater convenience, improved security, and reduced stigmatization. For state governments, EBT provides cost and time savings, improves operational efficiencies, and promotes accountability while stimulating local economies. -(c) EBT has been deemed an effective and responsive mechanism for quickly delivering assistance to people recovering from natural disasters. -(d) The Legislature and the Governor established The Human Right to Water in 2013, which established the policy of California that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. -(e) Despite a history of proactive water policies, California residents still face formidable challenges as the drought continues to exacerbate water quality issues for disadvantaged communities who disproportionately bear the health and financial impacts of inadequate access to safe water. -(f) Significant barriers to water access exist for marginalized Californians who are forced to choose between drinking water and expending scarce resources to pay for clean water. -(g) In 2014, more than 1 million Californians faced water safety violations that made water unsafe to drink. -(h) As the drought enters its fifth year, more than 2,000 domestic wells have gone dry in the Central Valley, affecting tens of thousands of people. Many small communities face chronic water quality problems. Almost 400 small rural water systems and schools are unable to provide safe drinking water. -(i) In response to these challenges, the Governor and the Legislature have established or proposed new emergency drinking water supports to assist these households. -(j) Recognizing this, it is the intent of the Legislature -to utilize the existing EBT system -to deliver appropriate emergency water benefits to disadvantaged households in an efficient and effective -manner. -manner and, to the extent possible, to utilize the EBT system to accomplish this goal. -SEC. 2. -Chapter 16 (commencing with Section 18997) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read: -CHAPTER 16. Safe Drinking Water Benefit -18997. -(a) On or before February 1, 2017, the State Department of Social Services shall convene a workgroup to develop recommendations for delivering a water benefit to supplement the purchase of drinking water for low-income households with inadequate access to safe drinking water. -(b) The water benefit to be developed shall do all of the following: -(1) Be made available to low-income households with inadequate access to safe drinking water. -(2) To the extent possible, be provided through the electronic benefits transfer system. -(3) To the extent possible, be funded from existing emergency drought response resources allocated for interim water assistance. -(c) The workgroup shall consist of representatives from all of the following entities: -(1) The State Department of Social Services. -(2) The State Water Resources Control Board. -(3) The Department of Water Resources. -(4) The Office of Emergency Services. -(5) The County Welfare Directors Association of California. -(6) Food policy advocates. -(7) Other applicable community advocates. -(d) The workgroup shall develop recommendations that include all of the following: -(1) The design of the benefit. -(2) An implementation plan for identification of eligible households and delivery of the benefit to those households. In developing eligibility criteria, the workgroup shall consider all of the following populations: -(A) Households in disadvantaged communities served by noncompliant small community water systems, as defined in Section 116275 of the Health and Safety Code. -(B) Households located in communities deemed eligible for interim emergency drinking water benefits by the State Water Resources Control Board. -(C) Households with private wells that have active outages or water supply problems. -(3) Possibilities for interim or permanent adoption and implementation of the benefit through regulations, all-county letters, or similar instruction. -(e) (1) The State Department of Social Services shall submit a report with the recommendations to the Legislature and the California Health and Human Services Agency by July 1, 2017. -(2) A report submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. -18998. -This chapter shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2022, deletes or extends the dates on which it becomes inoperative and is repealed.","Existing law provides for financial and food assistance benefits to needy Californians, including, among other programs, the California Work Opportunity and Responsibility to Kids (CalWORKs) program and CalFresh, under which each county provides for financial and food assistance benefits to qualified individuals who meet specified eligibility criteria. Existing law, administered by the State Department of Social Services, provides for the establishment of a statewide electronic benefits transfer (EBT) system for the purpose of providing those financial and food assistance benefits. Existing law authorizes a county to deliver CalFresh benefits and, upon election by the county, CalWORKs benefits through the use of an EBT system. -This bill would require the State Department of Social Services to, on or before February 1, 2017, convene a workgroup to develop recommendations for delivering a water benefit to supplement the purchase of drinking water for low-income households with inadequate access to safe drinking water, as specified. The bill would require the workgroup to consist of representatives from specified entities, including the Department of Water Resources, the Office of Emergency Services, and applicable community advocates, and would require the workgroup to develop recommendations that include, among other things, an implementation plan for identification of eligible households and delivery of the benefit to those households. The bill would require the State Department of Social Services to, on or before July 1, 2017, submit a report with the recommendations to the Legislature and the California Health and Human Services Agency. The bill would also make relating findings and declarations.","An act to add and repeal Chapter 16 (commencing with Section 18997) of Part 6 of Division 9 of the Welfare and Institutions Code, relating to public social services." -1017,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12715 of the Government Code is amended to read: -12715. -(a) The Controller, acting in consultation with the California Gambling Control Commission, shall divide the County Tribal Casino Account for each county that has gaming devices that are subject to an obligation to make contributions to the Indian Gaming Special Distribution Fund into a separate account for each tribe that operates a casino within the county. These accounts shall be known as Individual Tribal Casino Accounts, and funds may be released from these accounts to make grants selected by an Indian Gaming Local Community Benefit Committee pursuant to the method established by this section to local jurisdictions impacted by tribal casinos. Each Individual Tribal Casino Account shall be funded in proportion to the amount that each individual tribe paid in the prior fiscal year to the Indian Gaming Special Distribution Fund. -(b) (1) There is hereby created in each county in which Indian gaming is conducted an Indian Gaming Local Community Benefit Committee. The selection of all grants from each Individual Tribal Casino Account or County Tribal Casino Account shall be made by each county’s Indian Gaming Local Community Benefit Committee. In selecting grants, the Indian Gaming Local Community Benefit Committee shall follow the priorities established in subdivision (g) and the requirements specified in subdivision (h). This committee has the following additional responsibilities: -(A) Establishing all application policies and procedures for grants from the Individual Tribal Casino Account or County Tribal Casino Account. Each grant application shall clearly show how the grant will mitigate the impact of the casino on the grant applicant. -(B) Assessing the eligibility of applications for grants from local jurisdictions impacted by tribal gaming operations. -(C) Determining the appropriate amount for reimbursement from the aggregate county tribal account of the demonstrated costs incurred by the county for administering the grant programs. The reimbursement for county administrative costs may not exceed 2 percent of the aggregate county tribal account in any given fiscal year. -(2) Except as provided in Section 12715.5, the Indian Gaming Local Community Benefit Committee shall be composed of seven representatives, consisting of the following: -(A) Two representatives from the county, selected by the county board of supervisors. -(B) Three elected representatives from cities located within four miles of a tribal casino in the county, selected by the county board of supervisors. In the event that there are no cities located within four miles of a tribal casino in the county, other local representatives may be selected upon mutual agreement by the county board of supervisors and a majority of the tribes paying into the Indian Gaming Special Distribution Fund in the county. When there are no cities within four miles of a tribal casino in the county, and when the Indian Gaming Local Community Benefit Committee acts on behalf of a county where no tribes pay into the Indian Gaming Special Distribution Fund, other local representatives may be selected upon mutual agreement by the county board of supervisors and a majority of the tribes operating casinos in the county. However, if only one city is within four miles of a tribal casino and that same casino is located entirely within the unincorporated area of that particular county, only one elected representative from that city shall be included on the Indian Gaming Local Community Benefit Committee. -(C) Two representatives selected upon the recommendation of a majority of the tribes paying into the Indian Gaming Special Distribution Fund in each county. When an Indian Gaming Local Community Benefit Committee acts on behalf of a county -where -in which -no tribes pay into the Indian Gaming Special Distribution Fund, the two representatives may be selected upon the recommendation of the tribes operating casinos in the county. -(3) The Indian Gaming Local Community Benefit Committee shall adopt and approve a Conflict of Interest Code pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9. Any existing Conflict of Interest Code shall be reviewed and amended as necessary to bring it into compliance with the requirements of Article 3 (commencing with Section 87300) of Chapter 7 of Title 9. -(c) Sixty percent of each Individual Tribal Casino Account shall be available for nexus grants on a yearly basis to cities and counties impacted by tribes that are paying into the Indian Gaming Special Distribution Fund, according to the four-part nexus test described in paragraph (1). Grant awards shall be selected by each county’s Indian Gaming Local Community Benefit Committee and shall be administered by the county. Grants may be awarded on a multiyear basis, and these multiyear grants shall be accounted for in the grant process for each year. -(1) A nexus test based on the geographical proximity of a local government jurisdiction to an individual Indian land upon which a tribal casino is located shall be used by each county’s Indian Gaming Local Community Benefit Committee to determine the relative priority for grants, using the following criteria: -(A) Whether the local government jurisdiction borders the Indian lands on all sides. -(B) Whether the local government jurisdiction partially borders Indian lands. -(C) Whether the local government jurisdiction maintains a highway, road, or other thoroughfare that is the predominant access route to a casino that is located within four miles. -(D) Whether all or a portion of the local government jurisdiction is located within four miles of a casino. -(2) Fifty percent of the amount specified in -this -subdivision -(c) -shall be awarded in equal proportions to local government jurisdictions that meet all four of the nexus test criteria in paragraph (1). If no eligible local government jurisdiction satisfies this requirement, the amount specified in this paragraph shall be made available for nexus grants in equal proportions to local government jurisdictions meeting the requirements of paragraph (3) or (4). -(3) Thirty percent of the amount specified in -this -subdivision -(c) -shall be awarded in equal proportions to local government jurisdictions that meet three of the nexus test criteria in paragraph (1). If no eligible local government jurisdiction satisfies this requirement, the amount specified in this paragraph shall be made available for nexus grants in equal proportions to local government jurisdictions meeting the requirements of paragraph (2) or (4). -(4) Twenty percent of the amount specified in -this -subdivision -(c) -shall be awarded in equal proportions to local government jurisdictions that meet two of the nexus test criteria in paragraph (1). If no eligible local government jurisdiction satisfies this requirement, the amount specified in this paragraph shall be made available for nexus grants in equal proportions to local government jurisdictions meeting the requirements of paragraph (2) or (3). -(d) Twenty percent of each Individual Tribal Casino Account shall be available for discretionary grants to local jurisdictions impacted by tribes that are paying into the Indian Gaming Special Distribution Fund. These discretionary grants shall be made available to all local jurisdictions in the county irrespective of any nexus to impacts from any particular tribal casino, as described in paragraph (1) of subdivision (c). Grant awards shall be selected by each county’s Indian Gaming Local Community Benefit Committee and shall be administered by the county. Grants may be awarded on a multiyear basis, and these multiyear grants shall be accounted for in the grant process for each year. -(e) (1) Twenty percent of each Individual Tribal Casino Account shall be available for discretionary grants to local jurisdictions impacted by tribes that are not paying into the Indian Gaming Special Distribution Fund. These grants shall be made available to local jurisdictions in the county irrespective of any nexus to impacts from any particular tribal casino, as described in paragraph (1) of subdivision (c), and irrespective of whether the impacts presented are from a tribal casino that is not paying into the Indian Gaming Special Distribution Fund. Grant awards shall be selected by each county’s Indian Gaming Local Community Benefit Committee and shall be administered by the county. Grants may be awarded on a multiyear basis, and these multiyear grants shall be accounted for in the grant process for each year. -(A) Grants awarded pursuant to this subdivision are limited to addressing service-oriented impacts and providing assistance with one-time large capital projects related to Indian gaming impacts. -(B) Grants shall be subject to the sole sponsorship of the tribe that pays into the Indian Gaming Special Distribution Fund and the recommendations of the Indian Gaming Local Community Benefit Committee for that county. -(2) If an eligible county does not have a tribal casino operated by a tribe that does not pay into the Indian Gaming Special Distribution Fund, the moneys available for discretionary grants under this subdivision shall be available for distribution pursuant to subdivision (d). -(f) (1) For each county that does not have gaming devices subject to an obligation to make payments to the Indian Gaming Special Distribution Fund, funds may be released from the county’s County Tribal Casino Account to make grants selected by the county’s Indian Gaming Local Community Benefit Committee pursuant to the method established by this section to local jurisdictions impacted by tribal casinos. These grants shall be made available to local jurisdictions in the county irrespective of any nexus to any particular tribal casino. These grants shall follow the priorities specified in subdivision (g) and the requirements specified in subdivision (h). -(2) Funds not allocated from a -county tribal casino account -County Tribal Casino Account -by the end of each fiscal year shall revert back to the Indian Gaming Special Distribution Fund. -Moneys allocated for the 2003–04 fiscal year shall be eligible for expenditure through December 31, 2004. -(g) The following uses shall be the priorities for the receipt of grant moneys from Individual Tribal Casino Accounts: law enforcement, fire services, emergency medical services, environmental impacts, water supplies, waste disposal, behavioral, health, planning and adjacent land uses, public health, roads, recreation and youth programs, and child care programs. -(h) In selecting grants pursuant to subdivision (b), an Indian Gaming Local Community Benefit Committee shall select only grant applications that mitigate impacts from casinos on local jurisdictions. If a local jurisdiction uses a grant selected pursuant to subdivision (b) for any unrelated purpose, the grant shall terminate immediately and any moneys not yet spent shall revert to the Indian Gaming Special Distribution Fund. If a local jurisdiction approves an expenditure that mitigates an impact from a casino on a local jurisdiction and that also provides other benefits to the local jurisdiction, the grant selected pursuant to subdivision (b) shall be used to finance only the proportionate share of the expenditure that mitigates the impact from the casino. -(i) All grants from Individual Tribal Casino Accounts shall be made only upon the affirmative sponsorship of the tribe paying into the Indian Gaming Special Distribution Fund from whose Individual Tribal Casino Account the grant moneys are available for distribution. Tribal sponsorship shall confirm that the grant application has a reasonable relationship to a casino impact and satisfies at least one of the priorities listed in subdivision (g). A grant may not be made for any purpose that would support or fund, directly or indirectly, any effort related to the opposition or challenge to Indian gaming in the state, and, to the extent any awarded grant is utilized for any prohibited purpose by any local government, upon notice given to the county by any tribe from whose Individual Tribal Casino Account the awarded grant went toward that prohibited use, the grant shall terminate immediately and any moneys not yet used shall again be made available for qualified nexus grants. -(j) A local government jurisdiction that is a recipient of a grant from an Individual Tribal Casino Account or a County Tribal Casino Account shall provide notice to the public, either through a slogan, signage, or other mechanism, stating that the local government project has received funding from the Indian Gaming Special Distribution Fund and further identifying the particular Individual Tribal Casino Account from which the grant derives. -(k) (1) Each county’s Indian Gaming Local Community Benefit Committee shall submit to the Controller a list of approved projects for funding from Individual Tribal Casino Accounts. Upon receipt of this list, the Controller shall release the funds directly to the local government entities for which a grant has been approved by the committee. -(2) Funds not allocated from an Individual Tribal Casino Account by the end of each fiscal year shall revert back to the Indian Gaming Special Distribution Fund. -Moneys allocated for the 2003–04 fiscal year shall be eligible for expenditure through December 31, 2004. Moneys allocated for the 2008–09 fiscal year shall be eligible for expenditure through December 31, 2009. -(l) Notwithstanding any other law, a local government jurisdiction that receives a grant from an Individual Tribal Casino Account shall deposit all funds received in an interest-bearing account and use the interest from those funds only for the purpose of mitigating an impact from a casino. If any portion of the funds in the account is used for any other purpose, the remaining portion shall revert to the Indian Gaming Special Distribution Fund. As a condition of receiving further funds under this section, a local government jurisdiction, upon request of the county, shall demonstrate to the county that all expenditures made from the account have been in compliance with the requirements of this section. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SECTION 1. -It is the intent of the Legislature to enact legislation related to tribal gaming in California.","Existing law creates in the State Treasury the Indian Gaming Special Distribution Fund for the receipt and deposit of moneys received by the state from certain Indian tribes pursuant to the terms of gaming compacts entered into with the state. Existing law authorizes moneys in that fund to be used for specified purposes, including for grants for the support of state and local government agencies impacted by tribal government gaming. Existing law, until January 1, 2021, creates a County Tribal Casino Account in the treasury of each county that contains a tribal casino, which is funded according to specified formulas. Existing law requires the Controller, in consultation with the California Gambling Control Commission, to divide the County Tribal Casino Account for each county that has gaming devices that are subject to an obligation to make contributions to the Indian Gaming Special Distribution Fund into a separate account, known as an Individual Tribal Casino Account, for each tribe that operates a casino within the county. Each Individual Tribal Casino Account is required to be funded in proportion to the amount that each individual tribe paid in the prior fiscal year to the Indian Gaming Special Distribution Fund, and authorizes funds in these accounts to be released to make grants to local agencies impacted by tribal casinos, as specified. Existing law establishes an Indian Gaming Local Community Benefit Committee in each county in which gaming is conducted, specifies the composition and responsibilities of that committee, and requires that committee to make the selection of grants from those casino accounts. Among other things, the committee is responsible for establishing all application policies and procedures for grants from the casino accounts. -Existing law requires every state agency and local government agency to adopt and promulgate a Conflict of Interest Code applicable to enumerated positions within the agency and designated employees, as specified. -This bill would require each Indian Gaming Local Community Benefit Committee to adopt and approve a Conflict of Interest Code pursuant to these provisions. The bill would require any existing Conflict of Interest Code to be reviewed and amended as necessary to bring it into compliance with these requirements. By increasing the duties of local government entities, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature. Existing law ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. -This bill would state the intent of the Legislature to enact legislation related to tribal gaming in California.","An act -to amend Section 12715 of the Government Code, -relating to gaming." -1018,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25218.1 of the Health and Safety Code is amended to read: -25218.1. -For purposes of this article, the following terms have the following meanings: -(a) “Conditionally exempt small quantity generator” or “CESQG” means a business concern that meets the criteria specified in Section 261.5 of Title 40 of the Code of Federal Regulations. -(b) “Curbside household hazardous waste collection program” means a collection service authorized by a public agency that is operated in accordance with Section 25163 and subdivision (d) of Section 25218.5 and that collects one or more of the following types of household hazardous waste: -(1) Latex paint. -(2) Used oil. -(3) Used oil filters. -(4) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department. -(c) “Door-to-door household hazardous waste collection program” or “household hazardous waste residential pickup service” means a household hazardous waste service that meets all of the following requirements: -(1) The program or service is operated by a public agency or its contractor. -(2) The program or service is operated in accordance with subdivision (e) of Section 25218.5. -(3) (A) The program or service collects household hazardous waste from individual residences and transports that waste in an inspected and certified hazardous waste transport vehicle operated by a registered hazardous waste -transporter, -transporter -to either of the following: -(i) An authorized household hazardous waste collection facility. -(ii) A hazardous waste facility, as defined in Section 66260.10 of Title 22 of the California Code of Regulations. -(B) Clause (ii) of subparagraph (A) shall become inoperative on and after January 1, 2020. -(d) “Household” means a single detached residence or a single unit of a multiple residence unit and all appurtenant structures. -(e) “Household hazardous waste” means hazardous waste generated incidental to owning or maintaining a place of residence. Household hazardous waste does not include waste generated in the course of operating a business concern at a residence. -(f) “Household hazardous waste collection facility” means a facility operated by a public agency, or its contractor, for the purpose of collecting, handling, treating, storing, recycling, or disposing of household hazardous waste, and its operation may include accepting hazardous waste from conditionally exempt small quantity generators if that acceptance is authorized pursuant to Section 25218.3. Household hazardous waste collection facilities include permanent household hazardous waste collection facilities, as defined in subdivision (h), temporary household hazardous waste collection facilities, as defined in subdivision (p), recycle-only household hazardous waste collection facilities, as defined in subdivision (n), curbside household hazardous waste collection programs, as defined in subdivision (b), door-to-door household hazardous waste collection -program -programs -or household hazardous waste residential pickup -service -services -, as defined in subdivision (c), and mobile household hazardous waste collection facilities, as defined in subdivision (g). -(g) “Mobile household hazardous waste collection facility” means a portable structure within which a household hazardous waste collection facility is operated and that meets all of the following conditions: -(1) The facility is operated not more than four times in any one calendar year at the same location. -(2) The facility is operated not more than three consecutive weeks within a two-month period at the same location. -(3) Upon -the -termination of operations, all equipment, materials, and waste are removed from the site within 144 hours. -(h) “Permanent household hazardous waste collection facility” means a permanent or semipermanent structure at a fixed location that meets both of the following conditions: -(1) The facility is operated at the same location on a continuous, regular schedule. -(2) The hazardous waste stored at the facility is removed within one year after collection. -(i) “Public agency” means a state or federal agency, county, city, or district. -(j) “Quality assurance plan” means a written protocol prepared by a public agency that is designed to ensure that reusable household hazardous products or materials, as defined in subdivision (o), that are collected by a household hazardous waste collection program are evaluated to verify that product containers, contents, and labels are as they originated from the products’ manufacturers. The public agency or a person authorized by the public agency, as defined in subdivision (k), shall design the protocol to ensure, using its best efforts with the resources generally available to the public agency, or the person authorized by the public agency, that products selected for distribution are appropriately labeled, uncontaminated, and appear to be as they originated from the product manufacturers. A quality assurance plan shall identify specific procedures for evaluating each container placed in a recycling or exchange program. The quality assurance plan shall also identify those products that shall not be accepted for distribution in a recycling or exchange program. Unacceptable products may include, but are not limited to, banned or unregistered agricultural waste, as defined in subdivision (a) of Section 25207.1, and products containing polychlorinated biphenyls (PCB), asbestos, or dioxin. -(k) “Person authorized by the public agency” means an employee of a public agency or a person from whom services are contracted by the public agency. -(l) “Recipient” means a person who accepts a reusable household hazardous product or material at a household hazardous waste collection facility operating pursuant to this article. -(m) “Recyclable household hazardous waste material” means any of the following: -(1) Latex paint. -(2) Used oil. -(3) Used oil filters. -(4) Antifreeze. -(5) Spent lead-acid batteries. -(6) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department, except a universal waste for which the department determines, by regulation, that there is no readily available authorized recycling facility capable of accepting and recycling that waste. -(n) “Recycle-only household hazardous waste collection facility” means a household hazardous waste collection facility that is operated in accordance with Section 25218.8 and accepts for recycling only recyclable household hazardous waste materials. -(o) “Reusable household hazardous product or material” means a container of household hazardous product, or a container of hazardous material generated by a conditionally exempt small quantity generator, that has been received by a household hazardous waste collection facility operating pursuant to this article and that is offered for distribution in a materials exchange program to a recipient, as defined in subdivision (l), in accordance with a quality assurance plan, as defined in subdivision (j). -(p) “Temporary household hazardous waste collection facility” means a household hazardous waste collection facility that meets both of the following conditions: -(1) The facility is operated not more than once for a period of not more than two days in any one month at the same location. -(2) Upon termination of operations, all equipment, materials, and waste are removed from the site within 144 hours.","Existing law authorizes public agencies to operate household hazardous waste collection facilities, as defined, and specifies conditions for the transportation of household hazardous waste. -This bill would make nonsubstantive changes to the definitions pertaining to those provisions.","An act to amend Section 25218.1 of the Health and Safety Code, relating to household hazardous waste." -1019,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Many local educational agencies, including school districts, county offices of education, and community college -districts -districts, -have experienced rapid increases in energy costs due to energy rate increases approved by the Public Utilities Commission. -(b) Local educational agencies are disproportionately affected by rapid increases in energy costs and differ from other public agencies because they are strictly limited in their ability to raise local tax revenues to cover operational cost increases. Local educational agencies seeking to participate in Public Utilities Commission proceedings must hire attorneys and experts at their own expense, using the state and local dollars that were designated for educational programs. -(c) The cost of intervening in Public Utilities Commission proceedings is often prohibitive for local educational agencies; therefore, the perspectives of local educational agencies are often lost during proceedings to discuss rate changes. -(d) The Public Utilities Commission’s Intervenor Compensation Program is intended to ensure that individuals and groups that represent residential or small commercial electric utility customers have the financial resources to bring their concerns and interests to the commission during formal proceedings. -(e) As a regional agency, a county office of education is the appropriate intervenor in a proceeding affecting any local educational agency in whole or part within the county. -SEC. 2. -Section 1802 of the Public Utilities Code is amended to read: -1802. -As used in this article: -(a) “Compensation” means payment for all or part, as determined by the commission, of reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any. -(b) (1) “Customer” means any of the following: -(A) A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation that is subject to the jurisdiction of the commission. -(B) A representative who has been authorized by a customer. -(C) A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation. -(D) (i) Notwithstanding paragraph (2), a county office of education or a -community college district. -consortium of public school districts or agencies. -(ii) -(I) -A -county office of education may -consortium of public school districts or agencies shall only -participate or intervene pursuant to this article on behalf of -any of the -a -local -K– -12 -educational -agencies in whole or part within the county or on behalf of itself. -agency in a commission proceeding relating to gas or electricity rates. -(II) A representative of a consortium of public school districts or agencies participating or intervening pursuant to this article in a commission proceeding shall not have had a direct financial interest in the resolution of the commission proceeding within the two years preceding the filing of comments with the commission, and shall not have a direct financial interest in the resolution of the proceeding sooner than two years after that resolution. -(2) “Customer” does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the commission’s opinion, was established or formed by a local government entity for the purpose of participating in a commission proceeding. -(c) “Expert witness fees” means recorded or billed costs incurred by a customer for an expert witness. -(d) “Other reasonable costs” means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution. -(e) “Party” means any interested party, respondent public utility, or commission staff in a hearing or proceeding. -(f) “Proceeding” means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission. -(g) “Significant financial hardship” means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocate’s fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding. -(h) “Small commercial customer” means -any -a -nonresidential customer with a maximum peak demand of less than 50 kilowatts. The commission may establish rules to modify or change the definition of “small commercial customer,” including use of criteria other than a peak demand threshold, if the commission determines that the modification or change will promote participation in proceedings at the commission by organizations representing small businesses, without incorporating large commercial and industrial customers. -(i) “Substantial contribution” means that, in the judgment of the commission, the customer’s presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. -Where -If -the customer’s participation has resulted in a substantial contribution, even if the decision adopts that customer’s contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocate’s fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation.","Under existing law, the Public Utilities Commission has broad regulatory authority pursuant to the California Constitution and the Public Utilities Act over public utilities, as defined. Existing law provides compensation for reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs to public utility customers and representatives of customers for participation or intervention in formal proceedings of the commission involving electrical, gas, water, telegraph, and telephone public utilities, but does not provide that compensation for local government agencies. -This bill would make legislative findings and declarations relating to local educational agency involvement in commission proceedings. The bill would authorize compensation for participation or intervention in the proceedings described above for a county office of education, -on behalf of any of the local educational agencies in whole or part within the county or on behalf of itself, or for a community college district. -or a consortium of public school districts or agencies participating or intervening on behalf of local K–12 educational agencies in a commission proceeding relating to gas or electricity rates. The bill would require that a representative of a consortium not have had a direct financial interest in the resolution of the commission proceeding within the 2 years preceding the filing of comments with the commission and not have a direct financial interest in the resolution until 2 years after that resolution.","An act to amend Section 1802 of the Public Utilities Code, relating to public utilities." -1020,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the Responsible Beverage Service Training Program Act of 2016. -SEC. 2. -Article 4 (commencing with Section 25680) is added to Chapter 16 of Division 9 of the Business and Professions Code, to read: -Article 4. Responsible Beverage Service (RBS) Training Program Act of 2016 -25680. -For purposes of this article: -(a) “Accredited training provider” means either of the following: -(1) A training provider accredited by the American National Standards Institute (ANSI) that meets ASTM International E2659-15 Standard Practice for Certificate Programs. -(2) A training provider accredited by an accreditation agency other than ANSI, provided the accreditation agency is authorized by the department to accredit training providers offering RBS training courses. -(b) “Alcohol server” means a person who sells or serves alcoholic beverages directly to consumers, or a person who manages or supervises a person who sells or serves alcoholic beverages directly to consumers, including the onsite establishment owner of a licensed facility, for consumption on the premises of a licensed facility that includes, but is not limited to, one-day events, fairs, festivals, sporting events, and other special events. -(c) “RBS training course” means a Responsible Beverage Service training course that meets the requirements of subdivision (b) of Section 25682. -(d) “Self-training and assessment” means a process where the individual trains, and takes an assessment, without the presence or intervention of a trainer or instructor and includes, but is not limited to, training and assessment through the use of a computer program or the Internet. -25681. -(a) Notwithstanding any laws to the contrary, beginning July 1, 2020, an alcohol server shall successfully complete an RBS training course from an accredited training provider within three months of employment and every three years thereafter. -(b) The licensee shall ensure that those persons required to successfully complete an RBS training course do so. A current certificate or card provided by any accredited training provider shall be sufficient documentation of successful completion and shall be accepted throughout the state. -(c) A nonprofit organization that has obtained a temporary daily on-sale license or a temporary daily off-sale license from the department shall designate a person or persons to receive RBS training prior to the event and that designated person or those designated persons shall remain on site for the duration of the event. -25682. -(a) On or before January 1, 2020, the department shall establish a list, published on the department’s Internet Web site, of RBS training courses offered by accredited training providers that may be used to fulfill the requirements of Section 25681. -(b) (1) An RBS training course shall consist of at least four hours of instruction and include, but shall not be limited to, the following information: -(A) The social impact of alcohol. -(B) The impact of alcohol on the body. -(C) State laws and regulations relating to alcoholic beverage control, including laws and regulations related to driving under the influence. -(D) Intervention techniques to prevent the service or sale of alcoholic beverages to underage persons or intoxicated patrons. -(E) The development of management policies that support the prevention of service or sale of alcoholic beverages to underage persons or intoxicated patrons. -(F) The course shall provide basic, introductory instruction on the elements described in subparagraphs (A) to (E), inclusive. -(2) An RBS training course may be offered through a trainer-led class and assessment or self-training and assessment. -(3) An RBS certificate or card shall be issued only upon successful completion of an RBS training course and assessment. A minimum score of 70 percent on the assessment shall be required to successfully complete the course. -(4) An RBS training course shall issue a certificate or card to individuals who successfully complete a course. The certificate or card shall be valid for three years from the original date of issuance, regardless of whether the alcohol server changes employers during that period. -(5) The department may, by regulation, establish additional training standards and curricula to be included in an RBS training course. -(c) At least one RBS training course shall cost a participant no more than fifteen dollars ($15), inclusive of the certificate or card provided upon successful completion of the training course. At least one RBS training course shall be offered in Spanish. If no RBS training courses meet these requirements, Section 25681 shall not apply. -(d) The department may authorize an accreditation agency, in addition to ANSI, to accredit training providers to offer RBS training courses and may collect fees to cover the reasonable costs associated with the review and approval of that accreditation agency. -25683. -(a) Beginning January 1, 2019, the department shall include information on the RBS training course requirement pursuant to Section 25681, including information on documentation requirements, on the application for an authorized license and with the license renewal notices sent to authorized licensees. -(b) Beginning July 1, 2020, all authorized licensees shall maintain, and provide upon request by the department, all records necessary to establish compliance with this section. -25684. -(a) Beginning July 1, 2020, an authorized licensee, the agent or employee of that licensee, or an alcohol server who knowingly and intentionally violates any provision of this article shall be subject only to the civil and administrative penalties authorized by this division. -(b) An alcohol server shall be subject to the provisions of subdivisions (b) and (c) of Section 25602.","The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Under existing law, any on-sale license authorizes the sale of the alcoholic beverage specified in the license for consumption on the premises where sold. Currently, the Licensee Education on Alcohol and Drugs (LEAD) program is a voluntary prevention and education program for retail licensees, their employees, and applicants, regarding alcohol responsibility and the law. -This bill would, in addition to the LEAD program, establish the Responsible Beverage Service (RBS) Training Program Act of 2016, beginning July 1, 2020, that would require an alcohol server, as defined, to successfully complete an RBS training course offered by an accredited training provider within 3 months of employment and every 3 years thereafter. The bill would require a nonprofit organization that obtained a temporary daily on-sale or off-sale license to designate a person or persons to receive RBS training before the event and would require that person or those persons to remain on site for the duration of the event. The bill would provide that an RBS training course include information on, among other things, state laws and regulations relating to alcoholic beverage control and the impact of alcohol on the body. The bill would require the Department of Alcoholic Beverage Control, on or before January 1, 2020, to establish a list published on the department’s Internet Web site of RBS training courses and would authorize the department to collect fees to cover the reasonable costs of review and approval of accreditation agencies. The bill, beginning January 1, 2019, would require the department to provide information on RBS training requirements on applications for, and renewals of, authorized licenses. The bill, beginning July 1, 2020, would require all authorized licensees to maintain, and provide upon request by the department, all records necessary to establish compliance with these provisions. The bill, beginning July 1, 2020, would provide that an authorized licensee, the licensee’s agent or employee, or an alcohol server who knowingly and intentionally violates any of these provisions is subject only to civil and administrative penalties, as specified.","An act to add Article 4 (commencing with Section 25680) to Chapter 16 of Division 9 of the Business and Professions Code, relating to alcoholic beverages." -1021,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 44390 of the Education Code is repealed. -SEC. 2. -Section 44390 is added to the Education Code, to read: -44390. -The Legislature finds and declares all of the following: -(a) All children deserve a highly qualified teacher. -(b) California faces a severe teacher shortage. -(c) The demand for new teachers is growing due to the inability to attract new teachers into the profession, the high attrition rate of new teachers, and the retirement of existing teachers. -(d) California has a 50-percent higher pupil-to-teacher ratio than any other state in the country at 24 to 1. -(e) It is estimated that California will need 60,000 additional teachers to -maintain the current pupil-to-teacher ratio. -bring pupil-to-teacher ratios back to prerecession levels. -(f) -If -California -will -were to reduce pupil-to-teacher ratios to the national average of 16 to 1, school districts would -need -to hire -135,000 additional -teachers in order to return to the prerecession pupil-to-teacher ratio of 16 to 1. -teachers. -(g) Teacher shortages vary by subject and region. -(h) Enrollment in teacher credentialing programs dropped 76 percent between 2002 and 2014. -(i) In 2014 and 2015, 40 percent of credentials were awarded to underprepared teachers. -(j) The diversity in the teacher workforce in California does not match the diversity of the pupil population. -(k) Roughly 65 percent of teachers are white, 20 percent are Hispanic, and 15 percent are a different race or ethnicity. -(l) Classified school employees currently working in public schools represent a potential pool of future teachers. -(m) Classified school employees as a group make up the most diverse segment of the professional school community. -(n) Providing incentives for classified school employees to obtain a bachelor’s degree and become fully credentialed teachers is a proven strategy to increase the number of highly qualified teachers in California’s schools. -SEC. 3. -Section 44391 of the Education Code is amended to read: -44391. -This article shall be known, and may be cited, as the California Classified School Employee Teacher Credentialing Program. -SEC. 4. -Section 44392 of the Education Code is amended to read: -44392. -For the purposes of this article, unless the context clearly requires otherwise, the following terms shall have the following meanings: -(a) “Applicant” means a school district or county office of education applying for program funds under the California Classified School Employee Teacher Credentialing Program. -(b) “Institutions of higher education” means the California Community Colleges, the California State University, the University of California, and private not-for-profit institutions of higher education that offer a commission-approved teacher preparation program. -(c) “Participant” means a classified school employee who elects to participate in the California Classified School Employee Teacher Credentialing Program. -(d) “Program” means the California Classified School Employee Teacher Credentialing Program. -(e) “Classified school employee” means a noncertificated school employee currently working in a public school pursuant to this chapter. -(f) “Teacher training program” means an undergraduate or graduate program of instruction conducted by a -campus of an institution of higher education -teacher preparation program approved by the commission -that includes a developmentally sequenced career ladder to provide instruction, coursework, and clearly defined tasks for each level of the ladder, and that is designed to qualify students enrolled in the program for a teaching credential authorizing instruction in kindergarten and grades 1 to 12, inclusive. -SEC. 5. -Section 44393 of the Education Code is amended to read: -44393. -(a) The California Classified School Employee Teacher Credentialing Program is hereby established for the purpose of recruiting classified school employees to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools. -(b) Subject to an appropriation for these purposes in the annual Budget Act, the commission shall issue a request for proposals to all school districts and county offices of education in the state in order to solicit applications for funding. The criteria adopted by the commission for the selection of school districts or county offices of education to participate in the program shall include all of the following: -(1) The extent to which the applicant demonstrates the capacity and willingness to accommodate the participation of classified school employees in teacher training programs conducted at institutions of higher education. -(2) The extent to which the applicant’s plan for the implementation of its recruitment program involves the active participation of one or more local campuses of the participating institutions of higher education in the development of coursework and teaching programs for participating classified school employees. Each selected applicant shall be required to enter into a written articulation agreement with the participating campuses of the institutions of higher education. -(3) The extent to which the applicant’s plan for recruitment attempts to meet the demand of teacher shortages in shortage areas in -kindergarten -transitional kindergarten, kindergarten, -and grades 1 to 12, inclusive. Each classified school employee selected to participate shall have -successfully -completed at least two years of undergraduate college or university coursework and shall have demonstrated an interest in obtaining a multiple subject or single subject teaching credential. -(4) The extent to which a developmentally sequenced series of job descriptions leads from an entry-level classified school employee position to an entry-level teaching position in that school district or county office of education. -(5) The extent to which the applicant’s plan for recruitment attempts to meet its own specific teacher needs. -(c) An applicant that is selected to participate pursuant to subdivision (b) shall provide information about the program to all eligible classified school employees in the school district or county office of education and assistance to each classified school employee it recruits under the program regarding admission to a teacher training program. -(d) (1) An applicant shall require participants to satisfy -all -both -of the following requirements before participating in the program: -(A) Pass a criminal background check. -(B) Provide verification of one of the following: -(i) Has earned an associate or higher level degree. -(ii) Has -successfully -completed at least two years of study at a postsecondary educational institution. -(2) An applicant shall certify that it has received a commitment from each participant that he or she will accomplish all of the following: -(A) Graduate from an institution of higher education under the program with a bachelor’s degree. -(B) Complete all of the requirements for, and obtain, a multiple subject, single subject, or education specialist teaching credential. -(C) Complete one school year of classroom instruction in the school district or county office of education for each year that he or she receives assistance for books, fees, and tuition while attending an institution of higher education under the program. -(e) The commission shall contract with an independent evaluator with a proven record of experience in assessing teacher training programs to conduct an evaluation to determine the success of the program. The evaluation shall be conducted once every five years, with the first evaluation being completed on or before July 1, 2021. The commission shall submit the completed evaluation to the Governor and the education policy and fiscal committees of the Assembly and Senate. -(f) On or before January 1 of each year, the commission shall report to the Legislature regarding the status of the program, including, but not limited to, the number of classified school employees recruited, the academic progress of the classified school employees recruited, the number of classified school employees recruited who are subsequently employed as teachers in the public schools, the degree to which the applicant meets the teacher shortage needs of the school district or county office of education, and the ethnic and racial composition of the participants in the program. The report shall be made in conformance with Section 9795 of the Government Code. -(g) It is the intent of the Legislature -that -that, -each fiscal year, funding for the California Classified School Employee Teacher Credentialing Program be allocated to the commission for grants for up to 1,000 new participants per year. A grant to an applicant shall not exceed four thousand dollars ($4,000) per participant per year. Funding for grants to applicants shall be contingent upon an appropriation in the annual Budget Act.","The Wildman-Keeley-Solis Exemplary Teacher Training Act of 1997 establishes the California School Paraprofessional Teacher Training Program for the purpose of recruiting paraprofessionals to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools. The act requires, among other things, that the Commission on Teacher Credentialing, in consultation with certain other educational entities, -to -select, pursuant to specified criteria, 24 or more school districts or county offices of education representing rural, urban, and suburban areas that apply to participate in the program. The act requires a school district or county office of education to require a person participating in the program to commit to fulfilling certain specified obligations relating to obtaining a teaching credential and employment as a teacher in the school district or county office of education. The act requires a school district or county office of education to require a program participant to obtain a certificate of clearance from the commission and provide verification of a specified level of academic achievement prior to participating in the program. The act expresses the intent of the Legislature -that -that, -in each fiscal year, funding for the California School Paraprofessional Teacher Training Program be allocated to the commission for grants to school districts and county offices of education, limits grants to $3,500 per program participant per year, and makes funding for the grants contingent upon an appropriation in the annual Budget Act. -This bill would substantially revise those provisions to instead establish the California Classified School Employee Teacher Credentialing Program for the -purposes -purpose -of recruiting classified school employees to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools. Subject to an appropriation for these purposes in the annual Budget Act, the bill would require the commission to issue a request for proposals to all school districts and county offices of education in the state in order to solicit applications for funding. The bill would require the criteria adopted by the commission for the selection of school districts or county offices of education to participate in the program to include, among other things, the extent to which the applicant’s plan for recruitment attempts to meet the demand of teacher shortages in shortage areas in -kindergarten -transitional kindergarten, kindergarten, -and grades 1 to 12, inclusive. The bill would require an applicant that is selected to participate to provide information about the program to all eligible classified school employees in the school district or county office of education and to provide assistance to each classified school employee it recruits under the program regarding admission to a teacher training program. The bill would also require an applicant to require participants to satisfy specified requirements before participating in the program, including passing a background check, and to certify that it has received a commitment from each participant that he or she will accomplish certain things, including completing all of the requirements for, and obtain, a multiple subject, single subject, or education specialist teaching credential. The bill would require the commission to contract with an independent evaluator with a proven record of experience in assessing teacher training programs to conduct an evaluation to determine the success of the program and would require the evaluation to be conducted once every 5 years, with the first evaluation being completed on or before July 1, 2021. The bill would also require the commission, on or before January 1 of each year, to report to the Legislature regarding the status of the program, as specified. The bill would state the Legislature’s intent -that -that, -each fiscal year, funding for the program be allocated to the commission for grants for up to 1,000 new participants per year and would prohibit a grant to an applicant from exceeding $4,000 per participant per year. The bill would make funding for grants to applicants contingent upon an appropriation in the annual Budget Act.","An act to amend Sections 44391, 44392, and 44393 of, and to repeal and add Section 44390 of, the Education Code, relating to teacher credentialing." -1022,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 52060 of the -Education Code -is amended to read: -52060. -(a)On or before July 1, 2014, the governing board of each school district shall adopt a local control and accountability plan using a template adopted by the state board. -(b)A local control and accountability plan adopted by the governing board of a school district shall be effective for a period of three years, and shall be updated on or before July 1 of each year. -(c)A local control and accountability plan adopted by the governing board of a school district shall include, for the school district and each school within the school district, all of the following: -(1)A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subdivision (d) and for any additional local priorities identified by the governing board of the school district. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in paragraphs (2) and (3) of subdivision (a) of Section 52052. -(2)A description of the specific actions the school district will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including the enumeration of any specific actions necessary for that year to correct any deficiencies in regard to the state priorities listed in paragraph (1) of subdivision (d). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the school district. -(3)(A)An assessment of the water access points at each school in the district, including the number, location, and whether the access points are in good condition. The school district shall also include goals and actions to address any deficiencies uncovered by the assessment. The governing board of the school district shall report progress on addressing the deficiencies in its annual update required pursuant to subdivision (b). -(B)The department shall compile these assessments and transmit them to the State Water Resources Control Board. -(d)All of the following are state priorities: -(1)The degree to which the teachers of the school district are appropriately assigned in accordance with Section 44258.9, and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the school district has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair, as defined in subdivision (d) of Section 17002. -(2)Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4, for purposes of gaining academic content knowledge and English language proficiency. -(3)Parental involvement, including efforts the school district makes to seek parent input in making decisions for the school district and each individual schoolsite, and including how the school district will promote parental participation in programs for unduplicated pupils and individuals with exceptional needs. -(4)Pupil achievement, as measured by all of the following, as applicable: -(A)Statewide assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or any subsequent assessment, as certified by the state board. -(B)The Academic Performance Index, as described in Section 52052. -(C)The percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University, or career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692. -(D)The percentage of English learner pupils who make progress toward English proficiency as measured by the California English Language Development Test or any subsequent assessment of English proficiency, as certified by the state board. -(E)The English learner reclassification rate. -(F)The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher. -(G)The percentage of pupils who participate in, and demonstrate college preparedness pursuant to, the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness. -(5)Pupil engagement, as measured by all of the following, as applicable: -(A)School attendance rates. -(B)Chronic absenteeism rates. -(C)Middle school dropout rates, as described in paragraph (3) of subdivision (a) of Section 52052.1. -(D)High school dropout rates. -(E)High school graduation rates. -(6)School climate, as measured by all of the following, as applicable: -(A)Pupil suspension rates. -(B)Pupil expulsion rates. -(C)Other local measures, including surveys of pupils, parents, and teachers on the sense of safety and school connectedness. -(7)The extent to which pupils have access to, and are enrolled in, a broad course of study that includes all of the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable, including the programs and services developed and provided to unduplicated pupils and individuals with exceptional needs, and the programs and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03. -(8)Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable. -(e)For purposes of the descriptions required by subdivision (c), the governing board of a school district may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subparagraph (J) of paragraph (4) of subdivision (a) of Section 52052 or any other reviews. -(f)To the extent practicable, data reported in a local control and accountability plan shall be reported in a manner consistent with how information is reported on a school accountability report card. -(g)The governing board of a school district shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the school district, parents, and pupils in developing a local control and accountability plan. -(h)A school district may identify local priorities, goals in regard to the local priorities, and the method for measuring the school district’s progress toward achieving those goals. -SEC. 2. -SECTION 1. -Section 116385 of the Health and Safety Code is amended to read: -116385. -(a) A person operating a public water system shall obtain and provide at that person’s expense an analysis of the water to the state board, in the form, covering those matters, and at intervals as the state board by regulation may prescribe. The analysis shall be performed by a laboratory duly certified by the state board. -(b) (1) The person shall include samples from schools, day care facilities, and health care facilities, to the extent that these locations are within the public water system. -(2) This subdivision does not require an increase in the number of samples a person collects. -(c) (1) The person shall report to the state board the date and results of any sampling at a school, day care facility, and health care facility, and where relevant, the contents of any notice issued to the school or day care facility, students, or parents, and any notices to the health care facility, and any followup action taken to mitigate contamination. -(2) The person operating a public water system shall report to the state board, in a format and on a frequency determined by the state board, a list of the public and private schools serving kindergarten or any of grades 1 to 12, inclusive, to which the public water system provides water. The state board may also require a person operating a public water system to identify other facilities that serve populations, such as young children, that may be sensitive to drinking water contamination and to which the public water system provides water. -(3) The state board shall post the information contained in paragraph (1) -and information it receives from the State Department of Education pursuant to subparagraph (B) of paragraph (3) of subdivision (c) of Section 52060 of the Education Code -to its Internet Web site in a manner that is searchable by school and school district. The state board shall also include a link to the public water system’s most recent consumer confidence report. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law, the California Safe Drinking Water Act, governs drinking water quality and requires the State Water Resources Control Board -(state board) -to ensure that all public water systems are operated in compliance with the act. The act requires a person operating a public water system to obtain and provide an analysis of the water to the state board, as provided. Under the act, a person who knowingly makes a false statement or representation in a report submitted, maintained, or used for purposes of compliance with the act may be subject to a misdemeanor. -This bill would require the person to include in the analysis samples from schools, day care facilities, and health care facilities, to the extent those locations are within the public water system. The bill would require the person to report to the state board other information regarding the samples taken at those sites. The bill would require the state board to post this information on its Internet Web site, as provided. The bill would also require the person to report to the state board the public and private schools to which the public water system provides water. Because a misstatement in these reports could be a crime under the provision described above, this bill would impose a state-mandated local program by expanding the scope of a crime. -Existing law requires the governing board of each school district to adopt a local control and accountability plan as provided and to annually update this plan. Existing law requires the plan to include certain elements. -This bill would require the plan to also include an assessment of the water access points at each school in the school district, including the number, location, and whether the access points are in good condition, among other things. The bill would require the governing board of the school district to report progress on addressing any deficiencies in its annual update to the local control accountability plan. By imposing new duties on the governing board of a school district, the bill would create a state-mandated local program. The bill would require the State Department of Education to share this information with the state board, for the board to post on its Internet Web site. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act -to amend Section 52060 of the Education Code, and -to amend Section 116385 of the Health and Safety Code, relating to water." -1023,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Beauty care workers, including cosmetologists and manicurists, are highly exposed to the potential harm of carcinogens and reproductive toxins in cosmetics. Cosmetologists and manicurists are predominantly women and minorities. -(b) Nail services are increasing in popularity among consumers. The money consumers spent in nail salons increased from $7.3 billion in 2012 to $8.54 billion in 2014. -(c) Chemicals in professional cosmetics can be harmful to salon customers, who increasingly include prepubescent girls and young women. -(d) Endocrine-disrupting chemicals can cause harm at very low levels. Some may enter the body through the skin or cuticle. -(e) Dibutyl phthalate (DBP), included in nail polish to reduce brittleness and cracking, is a reproductive and developmental toxicant that is especially harmful to pregnant women. -(f) Developmental toxicants interfere with proper growth or health of a child, acting at any point from conception to puberty. -(g) Toluene, a solvent found in nail polish, is a developmental and neurological toxicant that causes headaches, dizziness, and nausea, among other symptoms. -(h) Formaldehyde, a chemical that acts as a disinfectant and as a preservative in nail polishes, is a known carcinogen. Exposure to formaldehyde in the short term can irritate the eyes, nose, throat, and skin, and in the long term exposure can cause asthma. -(i) A number of cosmetic product manufacturers, including both small domestic producers and large multinational corporations, have eliminated certain substances that cause cancer or reproductive harm from their products. -(j) Some local governments have already adopted successful Healthy Nail Salon Recognition Programs (HNSR programs), including the City and County of San Francisco, the Counties of Alameda, San Mateo, and Santa Clara, and the City of Santa Monica. -(k) These local HNSR programs support nail salons that use less toxic products and practices that are safer for workers and their customers. -(l) Given the recently enacted successful local HNSR programs, and the availability of safer alternative cosmetic products, it is in the interest of the people of the State of California to ensure that nail salons are given guidelines to operate safely for workers and consumers. -SEC. 2. -Section 25257.2 is added to the Health and Safety Code, to read: -25257.2. -(a) The department shall, by January 1, 2018, publish guidelines for healthy nail salon recognition (HNSR) programs voluntarily implemented by local cities and counties. -(b) The guidelines for an HNSR program adopted pursuant to subdivision (a) may include, but shall not be limited to, all of the following: -(1) A list of specific chemical ingredients that should not be used by a nail salon seeking recognition. In determining whether to include a chemical on the list, the department shall consider: -(A) Whether the chemical is identified as a candidate chemical pursuant to the regulations adopted pursuant to Section 25252. -(B) Whether an existing healthy nail salon program has restricted the use of the chemical. -(C) The potential for exposure of nail salon workers and customers to the chemical. -(D) The availability of existing, safer alternatives to the chemical in products available to nail salons in California. -(2) Specific best practices for minimizing exposure to hazardous chemicals, including: -(A) A list of specific personal protective equipment that should be used by personnel in a salon seeking recognition and guidance on when and how to use it. -(B) Engineering controls that should be adopted by salons seeking recognition, including specific ventilation practices and equipment. -(C) Prohibiting nail polishes that contain dibutyl phthalate, formaldehyde, or toluene. -(D) Prohibiting nail polish thinners that contain methyl ethyl ketone or toluene. -(E) Prohibiting nail polish removers that contain ethyl or butyl acetate. -(3) A list of specific training topics for salon owners and staff, whether on payroll or contract, on safer practices delineated in the HNSR program guidelines. -(4) Criteria for the use of outside products brought in by clients. -(5) Verification that a salon seeking recognition is in compliance with Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code, and all applicable regulations enforced by the State Board of Barbering and Cosmetology. -(6) Any other guidelines or best practices determined by the department to further the goals of an HNSR program. -(c) The guidelines adopted pursuant to subdivision (a) shall include criteria for cities and counties that adopt an HNSR program. These criteria may cover, but are not limited to: -(1) Coordination with other local HNSR programs to assist businesses in achieving and moving beyond regulatory compliance. -(2) Training and certification requirements for the salon owners and staff to ensure thorough knowledge of safe and environmentally friendly procedures. -(3) Issuance of an approved seal or certificate to salons that have met certification requirements. -(4) The process by which a salon can enroll in an HNSR program and be verified by the local entity. -(5) The frequency at which the local entity shall verify continued compliance by a salon that has previously met all specified requirements. -(d) In developing guidelines pursuant to subdivision (a), the department shall consult with the Division of Occupational Safety and Health, the State Department of Public Health, and the State Board of Barbering and Cosmetology. -(e) In collaboration with existing healthy nail salon programs, the department shall promote the HNSR guidelines developed pursuant to subdivision (a) by doing all of the following: -(1) Developing and implementing a consumer education program. -(2) Presenting the HNSR guidelines to local health officers, local environmental health departments, and other local agencies as appropriate. -(3) Developing and either distributing or posting on its Internet Web site information for local entities, including, but not limited to, suggestions for successful implementation of HNSR programs and resource lists that include names and contact information of vendors, consultants, or providers of financial assistance or loans for purchases of ventilation equipment.","Existing law regulates the existence and disclosure of specified chemicals and components in consumer products, including phthalates and bisphenol A. Existing law also provides for the licensing and regulation of nail salons and manicurists by the State Board of Barbering and Cosmetology within the Department of Consumer Affairs. -This bill would require the Department of Toxic Substances Control to publish guidelines for cities, counties, and cities and counties to voluntarily implement local healthy nail salon recognition (HNSR) programs. The bill would allow the guidelines to include, but not be limited to, specified criteria, such as the potential for exposure of nail salon workers and customers to chemicals. The bill would also require the department to develop a consumer education program, present the guidelines to local health officers, local environmental health departments, and other local agencies, and post specified information on its Internet Web site.","An act to add Section 25257.2 to the Health and Safety Code, relating to nail salons." -1024,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1203 of the Penal Code is amended to read: -1203. -(a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. As used in this code, “conditional sentence” means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. It is the intent of the Legislature that both conditional sentence and probation are authorized whenever probation is authorized in any code as a sentencing option for infractions or misdemeanors. -(b) (1) Except as provided in subdivision (j), if a person is convicted of a felony and is eligible for probation, before judgment is pronounced, the court shall immediately refer the matter to a probation officer to investigate and report to the court, at a specified time, upon the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment. -(2) (A) The probation officer shall immediately investigate and make a written report to the court of his or her findings and recommendations, including his or her recommendations as to the granting or denying of probation and the conditions of probation, if granted. -(B) Pursuant to Section 828 of the Welfare and Institutions Code, the probation officer shall include in his or her report any information gathered by a law enforcement agency relating to the taking of the defendant into custody as a minor, which shall be considered for purposes of determining whether adjudications of commissions of crimes as a juvenile warrant a finding that there are circumstances in aggravation pursuant to Section 1170 or to deny probation. -(C) If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation report recommends that registration be ordered at sentencing pursuant to Section 290.006, the probation officer’s report shall include the results of the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable. -(D) The probation officer may also include in the report his or her recommendation of both of the following: -(i) The amount the defendant should be required to pay as a restitution fine pursuant to subdivision (b) of Section 1202.4. -(ii) Whether the court shall require, as a condition of probation, restitution to the victim or to the Restitution Fund and the amount thereof. -(E) The report shall be made available to the court and the prosecuting and defense attorneys at least five days, or upon request of the defendant or prosecuting attorney nine days, prior to the time fixed by the court for the hearing and determination of the report, and shall be filed with the clerk of the court as a record in the case at the time of the hearing. The time within which the report shall be made available and filed may be waived by written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court. -A request for a continuance of the hearing based on a failure to make the report available to the parties within the deadlines specified in this paragraph may be granted by the court only upon a finding of good cause. -(3) At a time fixed by the court, the court shall hear and determine the application, if one has been made, or, in any case, the suitability of probation in the particular case. At the hearing, the court shall consider any report of the probation officer, including the results of the SARATSO, if applicable, and shall make a statement that it has considered the report, which shall be filed with the clerk of the court as a record in the case. If the court determines that there are circumstances in mitigation of the punishment prescribed by law or that the ends of justice would be served by granting probation to the person, it may place the person on probation. If probation is denied, the clerk of the court shall immediately send a copy of the report to the Department of Corrections and Rehabilitation at the prison or other institution to which the person is delivered. -(4) The preparation of the report or the consideration of the report by the court may be waived only by a written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court, except that a waiver shall not be allowed unless the court consents thereto. However, if the defendant is ultimately sentenced and committed to the state prison, a probation report shall be completed pursuant to Section 1203c. -(c) If a defendant is not represented by an attorney, the court shall order the probation officer who makes the probation report to discuss its contents with the defendant. -(d) If a person is convicted of a misdemeanor, the court may either refer the matter to the probation officer for an investigation and a report or summarily pronounce a conditional sentence. If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation officer recommends that the court, at sentencing, order the offender to register as a sex offender pursuant to Section 290.006, the court shall refer the matter to the probation officer for the purpose of obtaining a report on the results of the State-Authorized Risk Assessment Tool for Sex Offenders administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable, which the court shall consider. If the case is not referred to the probation officer, in sentencing the person, the court may consider any information concerning the person that could have been included in a probation report. The court shall inform the person of the information to be considered and permit him or her to answer or controvert the information. For this purpose, upon the request of the person, the court shall grant a continuance before the judgment is pronounced. -(e) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any of the following persons: -(1) Unless the person had a lawful right to carry a deadly weapon, other than a firearm, at the time of the perpetration of the crime or his or her arrest, any person who has been convicted of arson, robbery, carjacking, burglary, burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, kidnapping, escape from the state prison, or a conspiracy to commit one or more of those crimes and who was armed with the weapon at either of those times. -(2) Any person who used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the crime of which he or she has been convicted. -(3) Any person who willfully inflicted great bodily injury or torture in the perpetration of the crime of which he or she has been convicted. -(4) Any person who has been previously convicted twice in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony. -(5) Unless the person has never been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, any person who has been convicted of burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, extortion, kidnapping, escape from the state prison, a violation of Section 286, 288, 288a, or 288.5, or a conspiracy to commit one or more of those crimes. -(6) Any person who has been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, if he or she committed any of the following acts: -(A) Unless the person had a lawful right to carry a deadly weapon at the time of the perpetration of the previous crime or his or her arrest for the previous crime, he or she was armed with a weapon at either of those times. -(B) The person used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the previous crime. -(C) The person willfully inflicted great bodily injury or torture in the perpetration of the previous crime. -(7) Any public official or peace officer of this state or any city, county, or other political subdivision who, in the discharge of the duties of his or her public office or employment, accepted or gave or offered to accept or give any bribe, embezzled public money, or was guilty of extortion. -(8) Any person who knowingly furnishes or gives away phencyclidine. -(9) Any person who intentionally inflicted great bodily injury in the commission of arson under subdivision (a) of Section 451 or who intentionally set fire to, burned, or caused the burning of, an inhabited structure or inhabited property in violation of subdivision (b) of Section 451. -(10) Any person who, in the commission of a felony, inflicts great bodily injury or causes the death of a human being by the discharge of a firearm from or at an occupied motor vehicle proceeding on a public street or highway. -(11) Any person who possesses a short-barreled rifle or a short-barreled shotgun under Section 33215, a machinegun under Section 32625, or a silencer under Section 33410. -(12) Any person who is convicted of violating Section 8101 of the Welfare and Institutions Code. -(13) Any person who is -described in -convicted of violating -subdivision (b) or (c) of Section 27590. -(f) When probation is granted in a case which comes within subdivision (e), the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition. -(g) If a person is not eligible for probation, the judge shall refer the matter to the probation officer for an investigation of the facts relevant to determination of the amount of a restitution fine pursuant to subdivision (b) of Section 1202.4 in all cases where the determination is applicable. The judge, in his or her discretion, may direct the probation officer to investigate all facts relevant to the sentencing of the person. Upon that referral, the probation officer shall immediately investigate the circumstances surrounding the crime and the prior record and history of the person and make a written report to the court of his or her findings. The findings shall include a recommendation of the amount of the restitution fine as provided in subdivision (b) of Section 1202.4. -(h) If a defendant is convicted of a felony and a probation report is prepared pursuant to subdivision (b) or (g), the probation officer may obtain and include in the report a statement of the comments of the victim concerning the offense. The court may direct the probation officer not to obtain a statement if the victim has in fact testified at any of the court proceedings concerning the offense. -(i) A probationer shall not be released to enter another state unless his or her case has been referred to the Administrator of the Interstate Probation and Parole Compacts, pursuant to the Uniform Act for Out-of-State Probationer or Parolee Supervision (Article 3 (commencing with Section 11175) of Chapter 2 of Title 1 of Part 4) and the probationer has reimbursed the county that has jurisdiction over his or her probation case the reasonable costs of processing his or her request for interstate compact supervision. The amount and method of reimbursement shall be in accordance with Section 1203.1b. -(j) In any court where a county financial evaluation officer is available, in addition to referring the matter to the probation officer, the court may order the defendant to appear before the county financial evaluation officer for a financial evaluation of the defendant’s ability to pay restitution, in which case the county financial evaluation officer shall report his or her findings regarding restitution and other court-related costs to the probation officer on the question of the defendant’s ability to pay those costs. -Any order made pursuant to this subdivision may be enforced as a violation of the terms and conditions of probation upon willful failure to pay and at the discretion of the court, may be enforced in the same manner as a judgment in a civil action, if any balance remains unpaid at the end of the defendant’s probationary period. -(k) Probation shall not be granted to, nor shall the execution of, or imposition of sentence be suspended for, any person who is convicted of a violent felony, as defined in subdivision (c) of Section 667.5, or a serious felony, as defined in subdivision (c) of Section 1192.7, and who was on probation for a felony offense at the time of the commission of the new felony offense.","Existing law provides that, if a person is convicted of a felony and is eligible for probation, the court is required to refer the matter to a probation officer to create a probation sentencing report containing specified information that may be considered either in aggravation or mitigation of the punishment before judgment is pronounced. Existing law requires the probation sentencing report to be provided to the court and to the parties at least 5 days, or upon request of the defendant or prosecuting attorney, 9 days, before the sentencing hearing unless the deadline is waived by the parties, as specified. Existing law provides that generally, a person seeking to continue a hearing in a criminal proceeding is required to file and serve a written notice to all parties at least 2 court days before the hearing that is to be continued. -This bill would authorize a court to grant the defendant’s request for continuance when the probation department fails to provide the report by the 5-day or 9-day deadline only if the court finds good cause to grant the continuance.","An act to amend Section 1203 of the Penal Code, relating to probation." -1025,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares both of the following: -(a) Improving occupational health and safety in all lines of work is a priority for the State of California, and that focus should extend to family child care providers. Improving health and safety for family child care providers will also protect the health and safety of the children under their care, because a safer and healthier environment for family child care providers means a safer and healthier environment for children. -(b) Family child care providers are at risk for occupational health and safety hazards on the job, including from toxic chemicals, illness, stress, and physical hazards such as lifting and bending. According to the Bureau of Labor Statistics, child care workers have musculoskeletal injury rates comparable to those of industrial truck and tractor operators and construction equipment operators. Since family child care providers are not covered by workers’ compensation insurance, it is particularly important to them and to the children under their care that they be trained to avoid injury and illness on the job. -SEC. 2. -Section 1596.86 of the Health and Safety Code is amended to read: -1596.86. -(a) The director shall annually publish and make available to interested persons a list or lists covering all licensed child day care facilities, other than small family day care homes, and the services for which each facility has been licensed or issued a special permit. The lists shall also specify the licensed capacity of the facility and whether it is licensed by the department or by another public agency. -(b) To encourage the recruitment of small family day care homes and protect their personal privacy, the department shall prevent the use of lists containing names, -addresses -addresses, -and other identifying information of facilities identified as small family day care homes, except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing the names and addresses to resource and referral agencies funded by the State Department of Education, food and nutrition programs funded by the State Department of Education, alternative payment programs funded by the State Department of Education, county programs under the Greater Avenues for Independence Act of 1985 (Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code), -the entity selected to provide the trainings required pursuant to Section 1596.864, -family day care organizations, or specialized health care service plans licensed under the Knox-Keene Health Care Service Plan Act of 1975, as contained in Chapter 2.5 (commencing with Section 1340), which provide employee assistance program services that include child care referral services. Upon request, parents seeking local day care services may receive the names and telephone numbers of local small family day care providers. -(c) The department, in consultation with the Child Development Division of the State Department of Education, shall adopt regulations relating to the confidentiality of information provided pursuant to subdivision (b) on small family day care homes. These regulations shall include procedures for updating lists or other information on small family day care providers to ensure referral only to licensed homes in good standing with the department. Any person or entity violating the regulations under this subdivision may be denied access by the department to information on small family day care homes and shall be reported by the department to the appropriate funding or licensing department. -SEC. 3. -Section 1596.864 is added to the Health and Safety Code, to read: -1596.864. -(a) For purposes of this section, the following definitions shall apply: -(1) “Family child care provider” or “provider” means either of the following: -(A) A family day care home provider, as described in Section 1596.78, who is licensed pursuant to the requirement in Section 1596.80. -(B) A person who provides child care to children, in his or her own home or in the home of the child receiving care, under a publicly funded child care program and who is exempt from licensing requirements pursuant to Section 1596.792, but excluding family child care providers who are the relatives of the children receiving care. -(2) “Publicly funded child care program” means a program to subsidize early learning and care for children that is administered by the State Department of Education, the State Department of Social Services, or another department, agency, or political subdivision of the state, including, but not limited to, child care voucher programs, contracted child care slots, the California State Preschool Program, and programs established subsequent to the passage of this section, but not including the K-12 public education system. -(b) A family child care provider shall attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession and how to identify and avoid those risks to protect the provider’s own health and safety and the health and safety of the children in his or her care. -(c) The State Department of Social Services may establish a schedule according to which all family child care providers shall be required to complete the training in no less than four years from when the training is first offered pursuant to this section, or within three months of the provider becoming a family child care provider, whichever occurs later. In establishing this schedule, the department shall prioritize the training of licensed family child care providers. -(d) The training sessions required pursuant to subdivision (b) shall include all of the following: -(1) A discussion of all of the following risks and how those risks can be identified and minimized in a child care setting: -(A) Chemical and biological hazards. -(B) Infectious disease. -(C) Physical hazards and stress. -(2) Small and large group discussion. -(3) An opportunity for the provider to learn from current child care professionals. -(4) Upon approval by the department based on a determination that the presentations would be relevant and useful to the providers, presentations by organizations that foster collective engagement by providers around improving the child care system, including the health and safety of providers and children, and about the organizations’ training and other opportunities for providers. -(5) An opportunity for a provider to give feedback on the training he or she has received. -(e) (1) The Department of Industrial Relations shall select an entity to provide the training required in this section based on a competitive process. The Department of Industrial Relations shall select an entity that meets all of the following requirements: -(A) Has experience providing occupational health and safety training, as described in this section, to family child care providers. -(B) Trains family child care providers to give the training required by this section to other providers. -(C) Will provide periodic updates on health and safety matters to providers who have completed the training. -(2) The entity selected to provide the training required by this section shall develop the curriculum for the training sessions with input from family child care providers. The curriculum shall be reviewed and approved by the Division of Occupational Safety and Health within the Department of Industrial Relations. -(3) The State Department of Social Services shall administer the contract with the entity selected to provide the training. -(f) The training required by this section shall be coordinated, to the extent possible, with other preservice training requirements for family child care providers, and with resource and referral networks, so as to reduce the burden on providers. -(g) On a monthly basis, the department shall provide lists of the family child care providers who have attended the training and of those who are required to attend the training, but have not yet attended, and their contact information, to the entity selected to provide the training. The entity shall use that information for the purpose of providing family child care providers with periodic updates on health and safety issues and other educational information. Upon written request of a provider, the department shall remove the provider’s home address and home telephone number from the lists before the lists are released. -(h) The department and the entity selected to provide the training shall comply with the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code), which includes, among alternative communication options, providing the same type of training materials in any non-English language spoken by a substantial number of members of the public whom the department serves. -(i) This section shall become operative on July 1, 2017. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SECTION 1. -It is the intent of the Legislature to codify the rights of child care providers who are paid to provide child care through an alternative payment program to file a complaint with the State Department of Education when a child care provider has reason to believe that the alternative payment program contractor has violated federal or state law or regulation. -SEC. 2. -Section 8221.6 is added to the -Education Code -, to read: -8221.6. -(a)A licensed or license-exempt child care provider who receives payment through the alternative payment program may file a complaint, alleging that an alternative payment program has not complied with federal or state law or regulation, pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. -(b)For purposes of this section, alternative payment programs are operated by contractors reimbursed under the following contract types: -(1)The California Alternative Payment Program. -(2)The CalWORKs Stage 2 Program. -(3)The CalWORKs Stage 3 Program. -(4)The Migrant Alternative Payment Program. -(c)The operation of this section is contingent upon the enactment of an appropriation for this purpose in the annual Budget Act or another statute.","Existing law requires the State Department of Social Services to license and regulate family day care home providers and to regulate other nonlicensed persons who provide in-home child care. Violation of these provisions is a crime. -This bill, as of July 1, 2017, would require a family child care provider, as defined, to attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession and how to identify and avoid those risks to protect the provider’s own health and safety and the health and safety of the children in his or her care. The bill would require the Department of Industrial Relations to select an entity to provide the training required, based on a competitive process, and would require the State Department of Social Services to administer the contract with that entity. By creating a new crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -Existing law, the Child Care and Development Services Act, requires the State Department of Education to contract with local contracting agencies for alternative payment programs that are intended to allow for maximum parental choice in child care. -This bill would provide that a licensed or license-exempt child care provider who receives payment through a designated alternative payment program may file a complaint, alleging that the alternative payment program has not complied with federal or state law or regulation, pursuant to the Uniform Complaint Procedures in the California Code of Regulations, as specified.","An act to -add Section 8221.6 to the Education Code, -amend Section 1596.86 of, and to add Section 1596.864 to, the Health and Safety Code, -relating to child -care and development. -care." -1026,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17550.20 of the Business and Professions Code is amended to read: -17550.20. -(a) Not less than 10 days prior to doing business in this state, a seller of travel shall apply for registration with the office of the Attorney General by filing with the Consumer Law Section the information required by Section 17550.21 and a filing fee of one hundred dollars ($100) for each location from which the seller of travel conducts business. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the time specified by this section until the filing fee and the information required by Section 17550.21 are received. No registration shall be issued or approved until the late fee, and the filing and late fees for each year the seller of travel operated without being registered, have been paid. A seller of travel shall be deemed to do business in this state if the seller of travel solicits business from locations in this state regardless of the geographic location of the prospective purchaser including persons located outside of this state or the country or solicits prospective purchasers who are located in this state. -(b) Registration shall be valid for one year from the effective date thereof shown on the registration issued by the office of the Attorney General and may be annually renewed by making the filing required by Section 17550.21 and paying a filing fee of one hundred dollars ($100) for each location from which the seller of travel conducts business. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the time specified by this section until the filing fee and the information required by Section 17550.21 are received. No registration shall be renewed until the late fee, and the filing and late fees for each year the seller of travel operated without being registered, have been paid. -(c) Whenever, prior to expiration of a seller of travel’s annual registration, there is a material change in the information required by Section 17550.21, the seller of travel shall, within 10 days, file an addendum updating the information with the Consumer Law Section of the office of the Attorney General. -(d) (1) Not less than 10 days prior to the transfer or sale of any interest in a seller of travel, the selling or transferring owner shall file with the office of the Attorney General, Seller of Travel Program, a notice of encumbrance, sale, or transfer of ownership, using a form provided for that purpose by the office of the Attorney General. The notice shall provide the information required pursuant to subdivision (d) of Section 17550.21 as to each transferee. -(2) Until the time the notice of encumbrance, sale, or transfer of ownership required in paragraph (1) is filed as required, the selling, encumbering, or transferring owner is responsible for all acts of and obligations imposed by law on the transferee sellers of travel to the same extent as they would have been responsible had there been no transfer, sale, or encumbrance. -(e) The office of the Attorney General shall suspend the registration of any seller of travel who (1) fails to make any payment required pursuant to Article 2.7 (commencing with Section 17550.35) or (2) submits a check in payment of a registration fee or late fee required by this section that is not honored by the institution on which it is drawn. The Attorney General shall provide written notice to the seller of travel by first-class mail at the seller of travel’s place of business set forth in the registration statement that the seller of travel’s registration has been suspended until all fees that are due have been paid. The registration of the seller of travel shall be suspended until all such payments due have been collected. -(f) The Attorney General may, at his or her discretion and subject to supervision by the Attorney General or his or her delegate, contract out all or any part of the processing of registrations required by this section. -(g) This section does not apply to an individual, natural person who meets all of the following conditions: -(1) Has a written contract with a registered seller of travel to act on that registered seller of travel’s behalf in offering or selling air or sea transportation and other travel goods or services in connection with the transportation. -(2) Acts only on behalf of a registered seller of travel with whom the person has a written contract in the offer or sale to a passenger of air or sea transportation and other goods or services in connection with the transportation and sells no other air or sea transportation or travel services to that passenger. -(3) Provides air or sea transportation or travel services that are offered or sold pursuant to the official agency appointment of the registered seller of travel with whom the person has a written contract. -(4) Does not receive any consideration for air or sea transportation or other travel services from the passenger. -(5) Requires the passenger to pay all consideration for air or sea transportation or other travel services directly to the air carrier or ocean carrier or to the registered seller of travel. -(6) Discloses both of the following: -(A) The person is acting on behalf of a registered seller of travel. -(B) The name, address, telephone number, and registration number of the registered seller of travel on whose behalf the person is acting. -The person shall make the disclosures required by this paragraph in writing to the passenger at the same time the passenger receives notice under Section 17550.13. If the person transacts business in this state on the Internet, the disclosures also shall appear on the home page of the person’s Web site and shall be prominently set forth in the first electronic mail message sent to the passenger that refers to the passenger’s purchase of air or sea transportation or travel services. -(h) Whenever the Attorney General determines that a registration application is accurate and complete, the application shall be processed and a registration certificate shall be issued to the seller of travel within 21 days. -SEC. 1.5. -Section 17550.20 of the Business and Professions Code is amended to read: -17550.20. -(a) (1) Not less than 10 days prior to doing business in this state, a seller of travel shall apply for registration with the office of the Attorney General by filing with the Consumer Law Section the information required by Section 17550.21 and paying the following fees, as applicable: -(A) A filing fee of one hundred dollars ($100) for each location from which the seller of travel conducts business. -(B) A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), for each day after the time specified by this section until the filing fee and the information required by Section 17550.21 are received. -(2) A seller of travel may annually renew its registration by making the filing required by Section 17550.21 and paying the filing fees and late fees required by paragraph (1). -(3) A registration shall not be issued, approved, or renewed until the late fee, the filing and late fees for each year the seller of travel operated without being registered, and any outstanding assessments due to the Travel Consumer Restitution Corporation as required by Sections 17550.43 and 17550.44 have been paid. -(4) A seller of travel shall be deemed to do business in this state if the seller of travel solicits business from locations in this state regardless of the geographic location of the prospective purchaser including persons located outside of this state or the country or solicits prospective purchasers who are located in this state. -(b) Registration shall be valid for one year from the effective date thereof shown on the registration issued by the office of the Attorney General. -(c) Whenever, prior to expiration of a seller of travel’s annual registration, there is a material change in the information required by Section 17550.21, the seller of travel shall, within 10 days, file an addendum updating the information with the Consumer Law Section of the office of the Attorney General. -(d) (1) Not less than 10 days prior to the transfer or sale of any interest in a seller of travel, the selling or transferring owner shall file with the office of the Attorney General, Seller of Travel Program, a notice of encumbrance, sale, or transfer of ownership, using a form provided for that purpose by the office of the Attorney General. The notice shall provide the information required pursuant to subdivision (d) of Section 17550.21 as to each transferee. -(2) Until the time the notice of encumbrance, sale, or transfer of ownership required in paragraph (1) is filed as required, the selling, encumbering, or transferring owner is responsible for all acts of and obligations imposed by law on the transferee sellers of travel to the same extent as they would have been responsible had there been no transfer, sale, or encumbrance. -(e) (1) The office of the Attorney General shall suspend the registration of a seller of travel who does any of the following: -(A) Fails to make any payment required pursuant to Article 2.7 (commencing with Section 17550.35). -(B) Submits a check in payment of a registration fee or late fee required by this section that is not honored by the institution on which it is drawn. -(C) Fails to provide the file number assigned by the Secretary of State or the Franchise Tax Board to the seller of travel, as required by subdivision (m) of Section 17550.21. -(2) The Attorney General shall provide written notice to the seller of travel by first-class mail at the seller of travel’s place of business set forth in the registration statement that the seller of travel’s registration has been suspended until all fees that are due have been paid. The registration of the seller of travel shall be suspended until all such payments due have been collected. -(f) The Attorney General may, at his or her discretion and subject to supervision by the Attorney General or his or her delegate, contract out all or any part of the processing of registrations required by this section. -(g) This section does not apply to a person who is an individual, a single-member limited liability company whose sole member is an individual, or a single-shareholder “S” corporation whose sole shareholder is an individual, that meets all of the following: -(1) Has a written contract with a registered seller of travel to act on that registered seller of travel’s behalf in offering or selling air or sea transportation and other travel goods or services in connection with the transportation. -(2) Acts only on behalf of a registered seller of travel with whom the person has a written contract in the offer or sale to a passenger of air or sea transportation and other goods or services in connection with the transportation and sells no other air or sea transportation or travel services to that passenger. -(3) Provides air or sea transportation or travel services that are offered or sold pursuant to the official agency appointment of the registered seller of travel with whom the person has a written contract. -(4) Does not receive any consideration for air or sea transportation or other travel services from the passenger. -(5) Requires the passenger to pay all consideration for air or sea transportation or other travel services directly to the air carrier or ocean carrier or to the registered seller of travel. -(6) Discloses both of the following: -(A) The person is acting on behalf of a registered seller of travel. -(B) The name, address, telephone number, and registration number of the registered seller of travel on whose behalf the person is acting. -The person shall make the disclosures required by this paragraph in writing to the passenger at the same time the passenger receives notice under Section 17550.13. If the person transacts business in this state on the Internet, the disclosures also shall appear on the home page of the person’s Internet Web site and shall be prominently set forth in the first electronic mail message sent to the passenger that refers to the passenger’s purchase of air or sea transportation or travel services. -(h) Whenever the Attorney General determines that a registration application is accurate and complete, the application shall be processed and a registration certificate shall be issued to the seller of travel within 21 days. -SEC. 2. -Section 1.5 of this bill incorporates amendments to Section 17550.20 of the Business and Professions Code proposed by both this bill and Assembly Bill 2106. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 17550.20 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 2106, in which case Section 1 of this bill shall not become operative.","Existing law regulates sellers of travel, as defined, and requires their registration with the Attorney General. Under existing law, a seller of travel is deemed to do business in this state if the seller of travel solicits business from locations in this state or solicits prospective purchasers who are located in this state. -This bill would clarify that a seller of travel is deemed to do business in this state if the seller of travel solicits business from locations in this state regardless of the geographic location of the prospective purchaser including persons located outside of this state or the country. -This bill would incorporate additional changes to Section 17550.20 of the Business and Professions Code proposed by AB 2106 that would become operative if this bill and AB 2106 are enacted and this bill is enacted last.","An act to amend Section 17550.20 of the Business and Professions Code, relating to business." -1027,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 27296 of the Government Code is amended to read: -27296. -(a) The county recorder in each county shall complete a yearly statistical report of documents, including electronically transmitted documents, recorded and filed on the form described in subdivision (b). The report shall be submitted to the office of the Insurance Commissioner. Documents shall be counted and reported in the same manner without regard to method of transmission. The county recorder may either charge for copies of this report or may disburse the report without fee for public information. Certified and noncertified copies of any records issued by the county recorder shall not be included in this report. -(b) The standard statistical report form shall be substantially as follows: -Documents Recorded and Filed -Year -Deeds ........................ -Deeds of Trust and Mortgages ........................ -Reconveyances ........................ -Trustee’s Deeds ........................ -Total number of documents recorded and filed ........................ -SEC. 2. -Section 27390 of the Government Code is amended to read: -27390. -(a) This article shall be known and may be cited as the Electronic Recording Delivery Act of 2004. -(b) For the purposes of this article, the following definitions shall apply: -(1) “Authorized submitter” means a party that has entered into a contract with a county recorder pursuant to Section 27391 and is not disqualified pursuant to Section 27395. -(2) “Computer security auditor” means computer security personnel hired to perform an independent audit of the electronic recording delivery system. The computer security auditor shall be independent of the county recorder and the authorized submitter and shall not be the same contractor hired to establish or participate in a county’s electronic recording delivery system or in the authorized submitter’s portion of that system. -(3) “Digital electronic record” means a record containing information that is created, generated, sent, communicated, received, or stored by electronic means, but not created in original paper form. -(4) “Digitized electronic record” means a scanned image of the original paper document. -(5) “Electronic recording delivery system” means a system to deliver for recording, and to return to the party requesting recording, digitized or digital electronic records. -(6) “Security testing” means an independent security audit by a computer security auditor, including, but not limited to, attempts to penetrate an electronic recording delivery system for the purpose of testing the security of that system. -(7) “Source code” means a program or set of programs, readable and maintainable by humans, translated or interpreted into a form that the electronic recording delivery system can execute. -(8) “System certification” means the issuance of a confirmation letter regarding a county’s electronic recording delivery system by the Attorney General. -SEC. 3. -Section 27391 of the Government Code is amended to read: -27391. -(a) Upon approval by resolution of the board of supervisors and system certification by the Attorney General, a county recorder may establish an electronic recording delivery system. -(b) Upon system certification, a county recorder may enter into a contract with a title insurer as defined in Section 12340.4 of the Insurance Code, underwritten title company as defined in Section 12340.5 of the Insurance Code, institutional lender as defined in paragraph (1), (2), or (4) of subdivision (j) of Section 50003 of the Financial Code, or an entity of local, state, or federal government for the delivery for recording, and return to the party requesting recording, of a digital or digitized electronic record that is an instrument to be recorded consistent with subdivision (a) of Section 27201. The contract may provide for the delivery of documents by an agent. However, the agent shall not be a vendor of electronic recording delivery systems. -(c) (1) A county recorder may enter into a contract with an authorized submitter not authorized pursuant to subdivision (b) for the delivery for recording, and return to the party requesting recording, of a digital or digitized electronic record that is an instrument to be recorded consistent with subdivision (a) of Section 27201. The contract may provide for the delivery of documents by an agent. However, the agent shall not be a vendor of electronic recording delivery systems. -(2) An authorized submitter authorized pursuant to this subdivision and any agent submitting documents on behalf of an authorized submitter pursuant to this subdivision shall provide proof of financial responsibility by providing a certificate of insurance evidencing an amount of general liability coverage reasonably adequate to protect against liability and cover potential losses. The amount of general liability coverage required by this paragraph shall be set through rule or regulation by the Attorney General in consultation with interested parties. -(d) A county recorder may refuse to enter into a contract with any party or may terminate or suspend access to a system for any good faith reason, including, but not limited to, a determination by the county recorder that termination or suspension is necessary to protect the public interest, to protect the integrity of public records, or to protect homeowners from financial harm, or if the volume or quality of instruments submitted by the requester is not sufficient to warrant electronic recordation. A county recorder may also terminate or suspend access to a system if a party commits a substantive breach of the contract, the requirements of this article, or the regulations adopted pursuant to this article. -(e) Notwithstanding Section 27321, a county recorder may require a party electronically submitting records to mail a copy of the recorded electronic document to the address specified in the instructions for mailing upon completion of recording. -(f) When a signature is required to be accompanied by a notary’s seal or stamp, that requirement is satisfied if the electronic signature of the notary contains all of the following: -(1) The name of the notary. -(2) The words “Notary Public.” -(3) The name of the county where the bond and oath of office of the notary are filed. -(4) The sequential identification number assigned to the notary, if any. -(5) The sequential identification number assigned to the manufacturer or vendor of the notary’s physical or electronic seal, if any. -(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. -SEC. 4. -Section 27391 is added to the Government Code, to read: -27391. -(a) Upon approval by resolution of the board of supervisors and system certification by the Attorney General, a county recorder may establish an electronic recording delivery system. -(b) Upon system certification, a county recorder may enter into a contract with a title insurer as defined in Section 12340.4 of the Insurance Code, underwritten title company as defined in Section 12340.5 of the Insurance Code, institutional lender as defined in paragraph (1), (2), or (4) of subdivision (j) of Section 50003 of the Financial Code, or an entity of local, state, or federal government for the delivery for recording, and return to the party requesting recording, of a digitized electronic record that is an instrument affecting a right, title, or interest in real property. The contract may provide for the delivery of documents by an agent. However, the agent shall not be a vendor of electronic recording delivery systems. -(c) A county recorder may refuse to enter into a contract with any party or may terminate or suspend access to a system for any good faith reason, including, but not limited to, a determination by the county recorder that termination or suspension is necessary to protect the public interest, to protect the integrity of public records, or to protect homeowners from financial harm, or if the volume or quality of instruments submitted by the requester is not sufficient to warrant electronic recordation. A county recorder may also terminate or suspend access to a system if a party commits a substantive breach of the contract, the requirements of this article, or the regulations adopted pursuant to this article. -(d) Notwithstanding Section 27321, a county recorder may require a party electronically submitting records to mail a copy of the recorded electronic document to the address specified in the instructions for mailing upon completion of recording. -(e) When a signature is required to be accompanied by a notary’s seal or stamp, that requirement is satisfied if the electronic signature of the notary contains all of the following: -(1) The name of the notary. -(2) The words “Notary Public.” -(3) The name of the county where the bond and oath of office of the notary are filed. -(4) The sequential identification number assigned to the notary, if any. -(5) The sequential identification number assigned to the manufacturer or vendor of the notary’s physical or electronic seal, if any. -(f) This section shall become operative on January 1, 2027. -SEC. 5. -Section 27393 of the Government Code is amended to read: -27393. -(a) The Attorney General shall, in consultation with interested parties, adopt regulations for the review, approval, and oversight of electronic recording delivery systems. Regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). The regulations shall comply with Section 12168.7. -(b) The regulations adopted pursuant to subdivision (a) may include, but need not be limited to, all of the following: -(1) Establishment of baseline technological and procedural specifications for electronic recording delivery systems. -(2) Requirements for security, capacity, reliability, and uniformity. -(3) Requirements as to the nature and frequency of computer security audits. -(4) A statement of a detailed and uniform definition of the term “source code” consistent with paragraph (7) of subdivision (b) of Section 27390, and as used in this article, and applicable to each county’s electronic recording delivery system. -(5) Requirements for placement of a copy of the operating system, source code, compilers, and all related software associated with each county’s electronic recording delivery system in an approved escrow facility prior to that system’s first use. -(6) Requirements to ensure that substantive modifications to an operating system, compilers, related software, or source code are approved by the Attorney General. -(7) Procedures for initial certification of vendors offering software and other services to counties for electronic recording delivery systems. -(8) Requirements for system certification and for oversight of approved systems. -(9) Requirements for general liability coverage required by subdivision (c) of Section 27391. -(10) Requirements for fingerprinting and criminal records checks required by Section 27395, including a list of employment positions or classifications subject to criminal records checks under subdivision (f) of that section. -(11) Requirements for uniform index information that shall be included in every digitized or digital electronic record. -(12) Requirements for protecting proprietary information accessed pursuant to subdivision (e) of Section 27394 from public disclosure. -(13) Requirements for certification under Section 27397.5. -(c) The Attorney General may promulgate any other regulations necessary to fulfill his or her obligations under this article. -(d) An electronic recording delivery system shall be subject to local inspection and review by the Attorney General. The Attorney General shall furnish a statement of any relevant findings associated with a local inspection of an electronic recording delivery system, to the county recorder and the district attorney of the affected county, and to all technology vendors associated with that system. -(e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. -SEC. 6. -Section 27393 is added to the Government Code, to read: -27393. -(a) The Attorney General shall, in consultation with interested parties, adopt regulations for the review, approval, and oversight of electronic recording delivery systems. Regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). The regulations shall comply with Section 12168.7. -(b) The regulations adopted pursuant to subdivision (a) may include, but need not be limited to, all of the following: -(1) Establishment of baseline technological and procedural specifications for electronic recording delivery systems. -(2) Requirements for security, capacity, reliability, and uniformity. -(3) Requirements as to the nature and frequency of computer security audits. -(4) A statement of a detailed and uniform definition of the term “source code” consistent with paragraph (7) of subdivision (b) of Section 27390, and as used in this article, and applicable to each county’s electronic recording delivery system. -(5) Requirements for placement of a copy of the operating system, source code, compilers, and all related software associated with each county’s electronic recording delivery system in an approved escrow facility prior to that system’s first use. -(6) Requirements to ensure that substantive modifications to an operating system, compilers, related software, or source code are approved by the Attorney General. -(7) Procedures for initial certification of vendors offering software and other services to counties for electronic recording delivery systems. -(8) Requirements for system certification and for oversight of approved systems. -(9) Requirements for fingerprinting and criminal records checks required by Section 27395, including a list of employment positions or classifications subject to criminal records checks under subdivision (f) of that section. -(10) Requirements for uniform index information that shall be included in every digitized or digital electronic record. -(11) Requirements for protecting proprietary information accessed pursuant to subdivision (e) of Section 27394 from public disclosure. -(12) Requirements for certification under Section 27397.5. -(c) The Attorney General may promulgate any other regulations necessary to fulfill his or her obligations under this article. -(d) An electronic recording delivery system shall be subject to local inspection and review by the Attorney General. The Attorney General shall furnish a statement of any relevant findings associated with a local inspection of an electronic recording delivery system, to the county recorder and the district attorney of the affected county, and to all technology vendors associated with that system. -(e) This section shall become operative on January 1, 2027.","Existing law requires the county recorder in each county to complete a yearly statistical report on a specified form of documents recorded and filed. -This bill would require the report to also include information regarding electronically submitted documents, and would require documents to be counted and reported in the same manner without regard to method of transmission. -The Electronic Recording Delivery Act of 2004 authorizes a county recorder, upon approval by resolution of the board of supervisors and system certification by the Attorney General, to establish an electronic recording delivery system for the delivery for recording of specified digitized electronic records, subject to specified conditions. The act authorizes a county recorder to enter into a contract with specified entities for the delivery for recording, and return to the party requesting recording, a digitized electronic record that is an instrument affecting a right, title, or interest in real property. -This bill, until January 1, 2027, would authorize a county recorder to also enter into a contract with an authorized submitter for the delivery for recording, and return to the party requesting recording, of a digital or digitized electronic record that is an instrument to be recorded consistent with a specified provision. The bill, until January 1, 2027, would require an authorized submitter, as specified, and any agent submitting documents on behalf of an authorized submitter, to provide proof of financial responsibility in the form of general liability coverage, as provided. -Existing law requires the Attorney General, in consultation with interested parties, to adopt regulations for the review, approval, and oversight of electronic recording delivery systems. Existing law authorizes the regulations to include specified requirements and procedures. -This bill, until January 1, 2027, would additionally authorize the regulations to include requirements for general liability coverage as described above.","An act to amend Sections 27296 and 27390 of, and to amend, repeal, and add Sections 27391 and 27393 of, the Government Code, relating to electronic recording." -1028,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4073.5 of the Business and Professions Code is amended to read: -4073.5. -(a) A pharmacist filling a prescription order for a prescribed biological product may select an alternative biological product only if all of the following apply: -(1) The alternative biological product is interchangeable. -(2) The prescriber does not personally indicate “Do not substitute,” or words of similar meaning, in the manner provided in subdivision (e). -(b) Within five days following the dispensing of a biological product, a dispensing pharmacist or the pharmacists’ designee shall make an entry of the specific biological product provided to the patient, including the name of the biological product and the manufacturer. The communication shall be conveyed by making an entry that can be electronically accessed by the prescriber through one or more of the following electronic records systems: -(1) An interoperable electronic medical records system. -(2) An electronic prescribing technology. -(3) A pharmacy benefit management system. -(4) A pharmacy record. -(c) Entry into an electronic records system as described in subdivision (b) is presumed to provide notice to the prescriber. -(d) If the pharmacy does not have access to one or more of the entry systems in subdivision (b), the pharmacist or the pharmacist’s designee shall communicate the name of the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means, except that communication shall not be required in this instance to the prescriber when either of the following apply: -(1) There is no interchangeable biological product approved by the federal Food and Drug Administration for the product prescribed. -(2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription. -(e) A selection shall not be made pursuant to this section if the prescriber personally indicates, either orally or in his or her own handwriting, “Do not substitute,” or words of similar meaning. -(1) This subdivision shall not prohibit a prescriber from checking a box on a prescription marked “Do not substitute,” provided that the prescriber personally initials the box or checkmark. -(2) To indicate that a selection shall not be made pursuant to this section for an electronic data transmission prescription, as defined in subdivision (c) of Section 4040, a prescriber may indicate “Do not substitute,” or words of similar meaning, in the prescription as transmitted by electronic data, or may check a box marked on the prescription “Do not substitute.” In either instance, it shall not be required that the prohibition on substitution be manually initialed by the prescriber. -(f) Selection pursuant to this section is within the discretion of the pharmacist, except as provided in subdivision (e). A pharmacist who selects an alternative biological product to be dispensed pursuant to this section shall assume the same responsibility for substituting the biological product as would be incurred in filling a prescription for a biological product prescribed by name. There shall be no liability on the prescriber for an act or omission by a pharmacist in selecting, preparing, or dispensing a biological product pursuant to this section. The pharmacist shall not select a biological product that meets the requirements of subdivision (a) unless the cost to the patient of the biological product selected is the same or less than the cost of the prescribed biological product. “Cost,” as used in this subdivision, includes any professional fee that may be charged by the pharmacist. -(g) This section shall apply to all prescriptions, including those presented by or on behalf of persons receiving assistance from the federal government or pursuant to the Medi-Cal Act set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. -(h) When a selection is made pursuant to this section, the substitution of a biological product shall be communicated to the patient. -(i) The board shall maintain on its public Internet Web site a link to the current list, if available, of biological products determined by the federal Food and Drug Administration to be interchangeable. -(j) For purposes of this section, the following terms shall have the following meanings: -(1) “Biological product” has the same meaning that applies to that term under Section 351 of the federal Public Health Service Act (42 U.S.C. Sec. 262(i)). -(2) “Interchangeable” means a biological product that the federal Food and Drug Administration has determined meets the standards set forth in Section 262(k)(4) of Title 42 of the United States Code, or has been deemed therapeutically equivalent by the federal Food and Drug Administration as set forth in the latest addition or supplement of the Approved Drug Products with Therapeutic Equivalence Evaluations. -(3) “Prescription,” with respect to a biological product, means a prescription for a product that is subject to Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 353(b)). -(k) This section shall not prohibit the administration of immunizations, as permitted in Sections 4052 and 4052.8. -(l) This section shall not prohibit a disability insurer or health care service plan from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any biological product. -SEC. 2. -Section 4074 of the Business and Professions Code is amended to read: -4074. -(a) A pharmacist shall inform a patient orally or in writing of the harmful effects of a drug dispensed by prescription if both of the following apply: -(1) The drug poses substantial risk to the person consuming the drug when taken in combination with alcohol or the drug may impair a person’s ability to drive a motor vehicle, whichever is applicable. -(2) The drug is determined by the board pursuant to subdivision (c) to be a drug or drug type for which this warning shall be given. -(b) In addition to the requirement described in subdivision (a), on and after July 1, 2014, if a pharmacist exercising his or her professional judgment determines that a drug may impair a person’s ability to operate a vehicle or vessel, the pharmacist shall include a written label on the drug container indicating that the drug may impair a person’s ability to operate a vehicle or vessel. The label required by this subdivision may be printed on an auxiliary label that is affixed to the prescription container. -(c) The board, by regulation, may require additional information or labeling. -(d) This section shall not apply to a drug furnished to a patient in conjunction with treatment or emergency services provided in a health facility or, except as provided in subdivision (e), to a drug furnished to a patient pursuant to subdivision (a) of Section 4056. -(e) A health facility shall establish and implement a written policy to ensure that each patient shall receive information regarding each drug given at the time of discharge and each drug given pursuant to subdivision (a) of Section 4056. This information shall include the use and storage of each drug, the precautions and relevant warnings, and the importance of compliance with directions. -The health facility shall require each patient to acknowledge in writing that the patient has received this information. -This information shall be given by a pharmacist or registered nurse, unless already provided by a patient’s prescriber, and the written policy shall be developed in collaboration with a physician, a pharmacist, and a registered nurse. The written policy shall be approved by the medical staff. Nothing in this subdivision or any other law shall be construed to require that only a pharmacist provide this consultation. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. -That law establishes requirements for the substitution of an alternative biological product when a pharmacist is filling a prescription order for a prescribed biological product. That law requires a pharmacist to inform the patient orally or in writing of harmful effects of a drug dispensed by prescription, if the drug poses substantial risk to the person consuming the drug when taken in combination with alcohol, or if the drug may impair a person’s ability to drive a motor vehicle, whichever is applicable, and the board requires by regulation that warning is to be given. -A knowing violation of the Pharmacy Law is a crime. -The Pharmacy Law requires a health facility to establish and implement a written policy to ensure that each patient receives information regarding drugs given to the patient at the time of discharge or under certain other circumstances, including the use and storage of each drug, the precautions and relevant warnings, and the importance of compliance with directions. -This bill would revise that patient information provision to require that a health facility require each patient to acknowledge in writing that the patient has received this information. Because a violation of this requirement would be a crime under certain circumstances, the bill would impose a state-mandated local program. -The Pharmacy Law establishes requirements for the substitution of an alternative biological product when a pharmacist is filling a prescription order for a prescribed biological product. -This bill would make nonsubstantive changes to -those -that -substitution -and warning provisions. -provision. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 4073.5 and 4074 of the Business and Professions Code, relating to pharmacy." -1029,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 22659.7 is added to the Vehicle Code, to read: -22659.7. -Notwithstanding any other law, a motor vehicle is a public nuisance subject to seizure by a local law enforcement agency and an impoundment period of up to 30 days when the motor vehicle is used in the commission or attempted commission of a violation of subdivision (b) of Section 647 of the Penal Code by a person buying or attempting to buy sexual services if the owner or operator of the vehicle has had a prior conviction for the same offense within the past three years. The vehicle may only be impounded pursuant to a valid arrest by a local law enforcement agency of the driver for a violation of subdivision (b) of Section 647 of the Penal Code for buying or attempting to buy sexual services. The following procedures shall apply: -(a) Within two working days after impoundment, the impounding agency shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the department, informing the owner that the vehicle has been impounded. The notice shall also include notice of the opportunity for a poststorage hearing to determine the validity of the storage or to determine mitigating circumstances establishing that the vehicle should be released. The impounding agency shall be prohibited from charging for more than five days’ storage if the agency fails to notify the legal owner within two working days after the impoundment when the legal owner redeems the impounded vehicle. The impounding agency shall maintain a published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of a legal owner and a registered owner to request a hearing. The notice shall include all of the following information: -(1) The name, address, and telephone number of the agency providing the notice. -(2) The location of the place of storage and description of the vehicle that shall include, if available, the model or make, the manufacturer, the license plate number, and the mileage. -(3) The authority and purpose for the removal of the vehicle. -(4) A statement that, in order to receive a poststorage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone within 10 calendar days of the date appearing on the notice. -(b) The poststorage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency may authorize one of its own officers or employees to conduct the hearing if that hearing officer is not the same person who directed the seizure of the vehicle or who arrested the defendant. -(c) Failure of the legal and the registered owners, or their agents, to request or to attend a scheduled hearing shall satisfy the poststorage hearing requirement. -(d) The agency employing the person who directed the storage of the vehicle shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established. -(e) Any period during which a vehicle is subjected to storage pursuant to this section shall be included as part of the period of impoundment. -(f) The impounding agency shall release the vehicle to the registered owner or his or her agent prior to the end of the impoundment period under any of the following circumstances: -(1) The driver of the impounded vehicle was arrested without probable cause. -(2) The vehicle is a stolen vehicle. -(3) The vehicle is subject to bailment and was driven by an unlicensed driver employed by a business establishment, including a parking service or repair garage. -(4) The driver of the vehicle is not the sole registered owner of the vehicle and the vehicle is being released to another registered owner of the vehicle who agrees not to allow the driver to use the vehicle until after the end of the impoundment period. -(5) The registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation or was unaware that the driver was using the vehicle to engage in activities subject to subdivision (b) of Section 647 of the Penal Code. -(6) A spouse, registered domestic partner, or other affected third party objects to the impoundment of the vehicle on the grounds that impounding the vehicle would create a hardship because the subject vehicle is the sole vehicle in a household. The hearing officer shall release the vehicle where the hardship to a spouse, registered domestic partner, or other affected third party created by the impoundment of the subject vehicle, or the length of the impoundment, outweigh the seriousness and the severity of the act in which the vehicle was used. -(g) Notwithstanding any other law, if a motor vehicle is released prior to the conclusion of the impoundment period because the driver was arrested without probable cause, neither the arrested person nor the registered owner of the motor vehicle shall be responsible for the towing and storage charges. -(h) Except as provided in subdivision (g), the registered owner or his or her agent shall be responsible for all towing and storage charges related to the impoundment. -(i) A vehicle removed and seized pursuant to this section shall be released to the legal owner of the vehicle or the legal owner’s agent prior to the end of the impoundment period if both of the following conditions are met: -(1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person who is not the registered owner and holds a security interest in the vehicle. -(2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the seizure and impoundment of the vehicle. -(j) (1) No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of the impoundment period. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner, as described in paragraph (1) of subdivision (i), or the legal owner’s agent, any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing. -(2) A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card, debit card, or cash for payment of towing, storage, and related fees by a legal or registered owner or the owner’s agent claiming the vehicle. A credit card or debit card shall be in the name of the person presenting the card. For purposes of this section, “credit card” is as defined in subdivision (a) of Section 1747.02 of the Civil Code. A credit card does not include a credit card issued by a retail seller. -(3) A person operating or in charge of a storage facility described in paragraph (2) who violates paragraph (2) shall be civilly liable to the owner of the vehicle or the person who tendered the fees for four times the amount of the towing, storage, and related fees, not to exceed five hundred dollars ($500). -(4) A person operating or in charge of the storage facility described in paragraph (2) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change for, a reasonable monetary transaction. -(5) Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates. -(6) A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owner’s agent to retrieve the vehicle if all conditions required of the legal owner or legal owner’s agent under this subdivision are satisfied. -(k) (1)   The legal owner or the legal owner’s agent shall present to the law enforcement agency, impounding agency, person in possession of the vehicle, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code, a release from the one responsible governmental agency, only if required by the agency, a government-issued photographic identification card, and any one of the following as determined by the legal owner or the legal owner’s agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether or not paperless or electronic, showing proof of legal ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies or may be transmitted electronically. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person acting on behalf of those agencies that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code. -(2) Administrative costs authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal owner of the type specified in paragraph (1) of subdivision (i) who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. A city, county, city and county, or state agency shall not require a legal owner or a legal owner’s agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The legal owner or the legal owner’s agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold log book. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owner’s agent. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owner’s agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending those claims. -(l) A legal owner, who meets the requirements for release of a vehicle pursuant to subdivision (i), or the legal owner’s agent, shall not be required to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent. -(m) (1)   A legal owner, who meets the requirements for release of a vehicle pursuant to subdivision (i), or the legal owner’s agent, shall not release the vehicle to the registered owner of the vehicle or an agent of the registered owner, unless the registered owner is a rental car agency, until after the termination of the impoundment period. -(2) Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the seizure and impoundment. -(n) (1)   A vehicle removed and seized pursuant to this section shall be released to a rental car agency prior to the end of the impoundment period if the agency is either the legal owner or registered owner of the vehicle and the agency pays all towing and storage fees related to the seizure and impoundment of the vehicle. -(2) The owner of a rental vehicle that was seized pursuant to this section may continue to rent the vehicle upon recovery of the vehicle. -(3) The rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the seizure and impoundment.","Existing law authorizes a city, county, or city and county to adopt an ordinance declaring a motor vehicle to be a nuisance subject to an impoundment period of up to 30 days when the motor vehicle is involved in the commission of any one or more of specified crimes related to prostitution or illegal dumping of commercial quantities of waste matter upon a public or private highway or road if the owner or operator of the vehicle has had a prior conviction for the same offense within the past 3 years. Existing law requires the ordinance to include specified provisions related to notice, the payment of towing, storage, and administrative fees, the provision of a poststorage hearing, and the release of the impounded vehicle. -This bill would also provide that a vehicle used in the commission of a crime related to prostitution by a person buying or attempting to buy sexual services is a nuisance subject to an impoundment period of up to 30 days. The bill would impose the same procedures for impoundment, storage, and release of the vehicle as are provided under the ordinance-authorizing provisions described above, without the requirement that an ordinance be passed in order to authorize local authorities to make use of the impounding authority.","An act to add Section 22659.7 to the Vehicle Code, relating to vehicles." -1030,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature that the state fully cooperate with the Federal Aviation Administration regarding the appropriate division of responsibility for the regulation of unmanned aircraft systems between the federal and state governments so that the state may reserve and fully exercise any and all appropriate authority pursuant to federal laws as they exist in their current form and as they may be further amended hereafter. -SEC. 2. -Section 1746 is added to the Fish and Game Code, to read: -1746. -(a) It shall be unlawful for any person to operate an unmanned aircraft system in, or fly an unmanned aircraft system over, the department’s managed lands or waters, except as authorized by the department, or unless otherwise exempted from this section. -(b) The prohibition in subdivision (a) does not apply to the operation of an unmanned aircraft system by a state agency within or over department-managed lands or waters, or to any person whom the Federal Aviation Administration, whether by permit, license, rule, or regulation, authorizes to operate an unmanned aircraft system for a commercial purpose and that is operated in a manner that complies with that authorization and the applicable regulations of the commission. -(c) The prohibition in subdivision (a) does not apply to legitimate news-gathering activity by a person described in Section 1070 of the Evidence Code. -(d) The commission may draft regulations consistent with this section and the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). In drafting the regulations, the commission shall maintain the authority to limit or revoke approved requests for the use of an unmanned aircraft system due to changing natural conditions or land management requirements. -(e) In reviewing a request to authorize the use of an unmanned aircraft system the department may, and in drafting the regulations authorized pursuant to subdivision (d), the commission may, consider any of the following: -(1) Protection of wildlife and visitors from harassment or disturbance. -(2) Harm to sensitive species, including those listed as threatened or endangered or that have other protected status. -(3) Disruption to wildlife at times of the year when incidents may have adverse effects, including, but not limited to, nesting, breeding, gestation, and migration seasons. -(4) The natural, cultural, and historic value of the department-managed lands. -(5) The purpose of the department-managed lands. -(6) Operation of an unmanned aircraft system in a careless or reckless manner, including an operator’s failure to adhere to visual line-of-sight practices. -(7) De minimis access by adjacent landowners for bona fide agricultural purposes. -(8) The appropriate use of unmanned aircraft systems for conservation and scientific research purposes. -(9) Authorization for pursuit and take for depredation purposes pursuant to Sections 3003.5 and 4181. -(10) Other special purposes as approved by the department. -(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. -SEC. 3. -Section 2001.5 is added to the Fish and Game Code, to read: -2001.5. -It shall be unlawful to use an unmanned aircraft system to take, or assist in the take of, fish or wildlife for sport purposes, including, but not limited to, the use of unmanned aircraft systems for scouting purposes. -SEC. 4. -Section 3003.5 of the Fish and Game Code is amended to read: -3003.5. -It is unlawful to pursue, drive, or herd any bird or mammal with any motorized water, land, or air vehicle, including, but not limited to, a motor vehicle, airplane, unmanned aircraft system, powerboat, or snowmobile, except in any of the following circumstances: -(a) On private property by the landowner or tenant thereof to haze birds or mammals for the purpose of preventing damage by that wildlife to private property. -(b) Pursuant to a permit from the department issued under regulations as the commission may prescribe. With respect to unmanned aircraft systems, this subdivision shall include a lawful depredation permit issued by the department, notice to the department of the intended use of an unmanned aircraft system, approval from the department, and notice to the landowner. -(c) In the pursuit of agriculture. -SEC. 5. -Article 4 (commencing with Section 5085) is added to Chapter 1.2 of Division 5 of the Public Resources Code, to read: -Article 4. Unmanned Aircraft Systems -5085. -(a) It shall be unlawful for any person to operate an unmanned aircraft system in, or fly an unmanned aircraft system over, Department of Parks and Recreation managed lands or waters, except as authorized by the department, or unless otherwise exempted from this article. -(b) The prohibition in subdivision (a) does not apply to the operation of an unmanned aircraft system by a state agency within or over department-managed lands or waters, or to any person whom the Federal Aviation Administration, whether by permit, license, rule, or regulation, authorizes to operate an unmanned aircraft system for a commercial purpose and that is operated in a manner that complies with that authorization and the applicable regulations of the department. -(c) The prohibition in subdivision (a) does not apply to legitimate news-gathering activity by a person described in Section 1070 of the Evidence Code. -(d) The department may draft regulations consistent with this section and the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). In drafting the regulations, the department shall maintain the authority to limit or revoke approved requests for the use of an unmanned aircraft system due to changing natural conditions or land management requirements. -(e) In reviewing a request to use an unmanned aircraft system or in drafting the regulations authorized pursuant to subdivision (d), the department may consider any of the following: -(1) Protection of wildlife and visitors from harassment or disturbance. -(2) Harm to sensitive species, including those listed as threatened or endangered or that have other protected status. -(3) Disruption to wildlife at times of the year when incidents may have adverse effects, including, but not limited to, nesting, breeding, gestation, and migration seasons. -(4) The natural, cultural, and historic value of the department-managed lands. -(5) The purpose of the department-managed lands. -(6) Operation of an unmanned aircraft system in a careless or reckless manner, including an operator’s failure to adhere to visual line-of-sight practices. -(7) De minimis access by adjacent landowners for bona fide agricultural purposes. -(8) The appropriate use of unmanned aircraft systems for conservation and scientific research purposes. -(9) Other special purposes as approved by the department. -(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. -SEC. 6. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil and public unmanned aircraft systems, commonly known as drones, into the national airspace system. Existing law establishes both the Department of Fish and Wildlife and the Department of Parks and Recreation in the Natural Resources Agency. A violation of any rule or regulation made or adopted by the Department of Fish and Wildlife pursuant to the Fish and Game Code is a misdemeanor. A violation of the rules and regulations established by the Department of Parks and Recreation to protect the state park system is punishable as either a misdemeanor or an infraction. -This bill would make it unlawful for any person to operate an unmanned aircraft system in, or fly an unmanned aircraft system over, lands or waters managed by the Department of Fish and Wildlife and Department of Parks and Recreation, except as authorized or unless exempted from this prohibition. The bill would authorize the consideration of certain factors when reviewing a request for authorization for the use of an unmanned aircraft system. -The bill would also make it unlawful to use an unmanned aircraft system to take, or assist in the take of, fish or wildlife for sport purposes, including, but not limited to, the use of unmanned aircraft systems for scouting purposes. The bill would provide that an unmanned aircraft system is a motorized air vehicle within the meaning of a certain existing prohibition and, thus, under that prohibition may not be used to pursue, drive, or herd any bird or mammal, except as specified, including, among other things, specified permits and notices. -Because violations of the provisions of the bill would be crimes, the bill would impose a state-mandated local program. -The bill would provide that certain of its provisions are severable and do not apply to the operation of an unmanned aircraft system by a state agency within or over these managed lands or waters, or to any person whom the Federal Aviation Administration authorizes to operate an unmanned aircraft system for a commercial purpose and who operates it in a manner that complies with that authorization. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 3003.5 of, and to add Sections 1746 and 2001.5 to, the Fish and Game Code, and to add Article 4 (commencing with Section 5085) to Chapter 1.2 of Division 5 of the Public Resources Code, relating to unmanned aircraft systems." -1031,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11450 of the Welfare and Institutions Code is amended to read: -11450. -(a) (1) (A) Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the family’s income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f): -Number of -eligible needy -persons in -the same home -Maximum -aid -1 ........................ -$  326 -2 ........................ -535 -3 ........................ -663 -4 ........................ -788 -5 ........................ -899 -6 ........................ -1,010 -7 ........................ -1,109 -8 ........................ -1,209 -9 ........................ -1,306 -10 or more ........................ -1,403 -(B) If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453. -(2) The sums specified in paragraph (1) shall not be adjusted for cost of living for the 1990–91, 1991–92, 1992–93, 1993–94, 1994–95, 1995–96, 1996–97, and 1997–98 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of former Section 11453.05, and no further reduction shall be made pursuant to that section. -(b) (1) When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the child and her child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision. -(2) Notwithstanding paragraph (1), when the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant woman for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the woman and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision. -(3) Paragraph (1) shall apply only when the Cal-Learn Program is operative. -(c) The amount of forty-seven dollars ($47) per month shall be paid to pregnant women qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the woman and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants, and Children program. If that payment to pregnant women qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the woman and child, if born, would have qualified for aid under this chapter. -(d) For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, when added to the child’s income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations. -(e) (1) In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, food preparation needs and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance. -(2) Each recipient is entitled to a special, diet-related food needs allowance of twenty dollars ($20) per month, or actual verified expenses related to the special, diet-related food needs, whichever is greater. The allowance shall be provided in the form of a supplemental food benefit upon a county’s receipt of verification that a recipient has a special dietary need caused by a permanent or temporary medical condition, other than pregnancy. This verification shall be signed by a licensed physician, dentist, -dietician, nutritionist, or -physician’s assistant, or nurse practitioner who has examined the patient, or -other qualified health -practitioner. -care provider to whom the recipient has been referred. For verifications signed by a health care provider as a result of a referral, the verification also shall include the name and address of the referring provider. -(f) After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for nonrecurring special needs. -(1) An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special needs items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event. -(2) (A) Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section. -(B) A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided. -(3) (A) (i) A nonrecurring special needs benefit of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family. -(ii) This special needs benefit shall be granted or denied immediately upon the family’s application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the family’s homelessness within the first three working days and, if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period. -(iii) After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing which shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits. -(B) (i) A nonrecurring special needs benefit for permanent housing assistance is available to pay for last month’s rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction. -(ii) The last month’s rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall only be made to families that have found permanent housing costing no more than 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size. -(iii) However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii). -(C) The nonrecurring special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities which are necessary for the health and safety of the family. -(D) A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter. -(E) (i) Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to one period of up to 16 consecutive calendar days of temporary assistance and one payment of permanent assistance. Any family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. Any person who applies for homeless assistance benefits shall be informed that the temporary shelter benefit of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit. -(ii) A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance. -(iii) A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or, the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 consecutive calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request. -(iv) If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate. -(v) If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation. -(vi) The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph. -(F) The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence. -(G) Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments. -(H) The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current year’s Budget Act by specifying a different daily allowance and appropriating the funds therefor. -(I) No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties. -(g) The department shall establish rules and regulations ensuring the uniform statewide application of this section. -(h) The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently. -(i) -(A) -(1) -Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a). -(B) -(2) -The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section. -(j) For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the child’s income, is equal to the rate specified in Sections 11364 and 11387. -(k) (1) A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013. -(2) Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county. -(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section. -SEC. 2. -No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients, including an allowance -of $10 for each eligible recipient -for recurring special needs, -as specified. -which includes special diets, upon the recommendation of a physician for conditions other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. -This bill would -include food preparation needs within the recurring special needs for which a recipient may receive the $10 monthly allowance. The bill would also -require that an additional allowance be paid each month in the amount of $20 or actual expenses, whichever is greater, to a recipient who has a special, diet-related food need caused by a permanent or temporary medical condition, other than pregnancy. -The bill would require the verification to be signed by a licensed physician, dentist, dietician, nutritionist, or other qualified health practitioner. -The bill would require verification of the recipient’s medical condition by a health care provider, as specified. -By increasing the administrative duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program. -Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. -This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 11450 of the Welfare and Institutions Code, relating to CalWORKs." -1032,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 13109 of the Elections Code is amended to read: -13109. -The order of precedence of offices on the ballot shall be as listed below for those offices and measures that apply to the election for which the ballot is provided. Beginning in the column to the left: -(a) Under the heading, PRESIDENT AND VICE PRESIDENT: -Nominees of the qualified political parties and independent nominees for President and Vice President. -(b) Under the heading, PRESIDENT OF THE UNITED STATES: -(1) Names of the presidential candidates to whom the delegates are pledged. -(2) Names of the chairpersons of unpledged delegations. -(c) Under the heading, STATE: -(1) Governor. -(2) Lieutenant Governor. -(3) Secretary of State. -(4) Controller. -(5) Treasurer. -(6) Attorney General. -(7) Insurance Commissioner. -(8) Member, State Board of Equalization. -(d) Under the heading, UNITED STATES SENATOR: -Candidates or nominees to the United States Senate. -(e) Under the heading, UNITED STATES REPRESENTATIVE: -Candidates or nominees to the House of Representatives of the United States. -(f) Under the heading, STATE SENATOR: -Candidates or nominees to the State Senate. -(g) Under the heading, MEMBER OF THE STATE ASSEMBLY: -Candidates or nominees to the Assembly. -(h) Under the heading, COUNTY COMMITTEE: -Members of the County Central Committee. -(i) Under the heading, JUDICIAL: -(1) Chief Justice of California. -(2) Associate Justice of the Supreme Court. -(3) Presiding Justice, Court of Appeal. -(4) Associate Justice, Court of Appeal. -(5) Judge of the Superior Court. -(6) Marshal. -(j) Under the heading, SCHOOL: -(1) Superintendent of Public Instruction. -(2) County Superintendent of Schools. -(3) County Board of Education Members. -(4) College District Governing Board Members. -(5) Unified -School -District Governing Board Members. -(6) High School District Governing Board Members. -(7) Elementary -School -District Governing Board Members. -(k) Under the heading, COUNTY: -(1) County Supervisor. -(2) Other offices in alphabetical order by the title of the office. -(l) Under the heading, CITY: -(1) Mayor. -(2) Member, City Council. -(3) Other offices in alphabetical order by the title of the office. -(m) Under the heading, DISTRICT: -Directors or trustees for each district in alphabetical order according to the name of the district. -(n) Under the heading, MEASURES SUBMITTED TO THE VOTERS and the appropriate heading from subdivisions (a) through (m), above, ballot measures in the order, state through district shown above, and within each jurisdiction, in the order prescribed by the official certifying -them -the ballot measures -for the ballot. -(o) (1) In order to allow for the most efficient use of space on the ballot in counties that use a voting system, as defined in Section 362, the county elections official may vary the order of subdivisions -(j), (k), (l), (m), and (n) -(j) to (n), inclusive, -as well as the order of offices within these subdivisions. However, the office of Superintendent of Public Instruction shall always precede any school, county, or city office, and state measures shall always precede local measures. -(2) Notwithstanding paragraph (1), for the November 8, 2016, statewide general election only, a county board of supervisors may direct the county elections official to place a local measure related to -a -local transportation -tax -finance -above state measures. -(p) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. -SEC. 2. -Section 13109 is added to the Elections Code, to read: -13109. -The order of precedence of offices on the ballot shall be as listed below for those offices and measures that apply to the election for which the ballot is provided. Beginning in the column to the left: -(a) Under the heading, PRESIDENT AND VICE PRESIDENT: -Nominees of the qualified political parties and independent nominees for President and Vice President. -(b) Under the heading, PRESIDENT OF THE UNITED STATES: -(1) Names of the presidential candidates to whom the delegates are pledged. -(2) Names of the chairpersons of unpledged delegations. -(c) Under the heading, STATE: -(1) Governor. -(2) Lieutenant Governor. -(3) Secretary of State. -(4) Controller. -(5) Treasurer. -(6) Attorney General. -(7) Insurance Commissioner. -(8) Member, State Board of Equalization. -(d) Under the heading, UNITED STATES SENATOR: -Candidates or nominees to the United States Senate. -(e) Under the heading, UNITED STATES REPRESENTATIVE: -Candidates or nominees to the House of Representatives of the United States. -(f) Under the heading, STATE SENATOR: -Candidates or nominees to the State Senate. -(g) Under the heading, MEMBER OF THE STATE ASSEMBLY: -Candidates or nominees to the Assembly. -(h) Under the heading, COUNTY COMMITTEE: -Members of the County Central Committee. -(i) Under the heading, JUDICIAL: -(1) Chief Justice of California. -(2) Associate Justice of the Supreme Court. -(3) Presiding Justice, Court of Appeal. -(4) Associate Justice, Court of Appeal. -(5) Judge of the Superior Court. -(6) Marshal. -(j) Under the heading, SCHOOL: -(1) Superintendent of Public Instruction. -(2) County Superintendent of Schools. -(3) County Board of Education Members. -(4) College District Governing Board Members. -(5) Unified -School -District Governing Board Members. -(6) High School District Governing Board Members. -(7) Elementary -School -District Governing Board Members. -(k) Under the heading, COUNTY: -(1) County Supervisor. -(2) Other offices in alphabetical order by the title of the office. -(l) Under the heading, CITY: -(1) Mayor. -(2) Member, City Council. -(3) Other offices in alphabetical order by the title of the office. -(m) Under the heading, DISTRICT: -Directors or trustees for each district in alphabetical order according to the name of the district. -(n) Under the heading, MEASURES SUBMITTED TO THE VOTERS and the appropriate heading from subdivisions (a) through (m), above, ballot measures in the order, state through district shown above, and within each jurisdiction, in the order prescribed by the official certifying -them -the ballot measures -for the ballot. -(o) In order to allow for the most efficient use of space on the ballot in counties that use a voting system, as defined in Section 362, the county elections official may vary the order of subdivisions -(j), (k), (l), (m), and (n) -(j) to (n), inclusive, -as well as the order of offices within these subdivisions. However, the office of Superintendent of Public Instruction shall always precede any school, county, or city office, and state measures shall always precede local measures. -(p) This section shall become operative on January 1, 2017. -SEC. 3. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order for county boards of supervisors and county elections officials to have sufficient time to implement the provisions of this bill -prior to -before -the November 8, 2016, statewide general election, it is necessary that this act take effect immediately.","Existing law requires all voting to be by ballot and requires each polling place to provide, at each election at which public officers are to be voted for, but one form of ballot for all candidates for public office, except for partisan primary elections, as specified. Existing law specifies the order of precedence of offices on the ballot and authorizes a county elections official to vary the order for certain offices and measures submitted to the voters, in order to allow for the most efficient use of space on the ballot in counties that use a voting system, as defined. Existing law requires state measures to always precede local measures. -This bill, for the November 8, 2016, statewide general election only, would authorize a county board of supervisors to direct the county elections official to place a local measure related to -a -local transportation -tax -finance -above state measures. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend, repeal, and add Section 13109 of the Elections Code, relating to elections, and declaring the urgency thereof, to take effect immediately." -1033,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 6.3 (commencing with Section 1625) is added to Division 2 of the Fish and Game Code, to read: -CHAPTER 6.3. Oak Woodlands Protection Act -1625. -This chapter shall be known, and may be cited, as the Oak Woodlands Protection Act. -1626. -The Legislature hereby finds and declares all of the following: -(a) The conservation of oak woodlands enhances the natural scenic beauty for residents and visitors, increases real property values, promotes ecological balance, provides sustainable habitat for over 300 wildlife species and 2,000 plant species, reduces soil erosion, sustains healthy watersheds and water quality, moderates temperature extremes and climate change, and aids with nutrient cycling, all of which affect and improve the health, safety, and general welfare of the residents of the State of California. -(b) Widespread changes in land use patterns across the landscape and habitat loss due to the pathogen Phytophthora ramorum, commonly known as Sudden Oak Death, and infestations of the Goldspotted Oak Borer parasite, are fragmenting oak woodlands’ wildland character over extensive areas of the state. The combination of human impact and other impacts will cumulatively fragment oak ecosystem continuity unless appropriate conservation steps are taken immediately. -(c) The future viability of hundreds of California’s wildlife species are dependent on the maintenance of biologically functional and contiguous oak woodland ecosystems at local and bioregional scales. -(d) A program to encourage and make possible the long-term conservation of oak woodlands is a necessary part of the state’s wildlands protection policies. It is hereby declared to be the policy of the state to conserve oak woodlands and maintain oak ecosystem health. -1627. -It is the intent of the Legislature that this chapter be construed in light of the following primary objectives: -(a) To conserve oak woodland ecological attributes remaining in California and to provide habitat for wildlife species that are associated with that habitat. -(b) To provide maximum conservation of the oak woodlands ecosystem. -(c) To ensure that land use decisions affecting oak woodlands and dependent wildlife are based on the best available scientific information and habitat mitigation measures. -(d) To restore and perpetuate the state’s most biologically diverse natural resource for future generations of Californians. -1628. -For purposes of this chapter, the following terms have the following meanings: -(a) “Canopy cover” means the area, measured as a percentage of total ground area, directly under the live branches of an oak tree. -(b) “Oak removal” means causing an oak tree to die or be removed as a result of human activity by any means including, but not limited to, cutting, dislodging, poisoning, burning, pruning, topping, or damaging of roots. -(c) “Oak removal permit” means a discretionary permit approving an application to remove, from an oak woodland during any calendar year, oak trees, as specified in Section 1629. -(d) “Oak removal plan” means an oak woodlands biological impacts evaluation and site-specific management plan. -(e) “Oak tree” means any tree in the genus Quercus that is not growing on timberland. -(f) “Oak woodland” means a land with a greater than ten percent oak canopy cover, or that can be demonstrated to have historically supported greater than ten percent oak canopy cover, and that meets either of the following: -(1) A nontimberland area on a parcel of five or more acres containing oak trees. -(2) A nontimberland area on a parcel of at least one or more acres containing valley oak trees. -(g) “Parcel” means a single assessor’s parcel of land as shown on maps produced by the county assessor. -(h) “Riparian hardwood” means native broadleaved evergreen and deciduous trees that produce flowers and grow within 50 feet, measured horizontally, of any watercourse, lake, or reservoir. -(i) “Timberland” has the same meaning as defined in Section 4526 of the Public Resources Code. -(j) “Watercourse” means any well-defined channel with distinguishable bed and bank showing evidence of having contained flowing water indicated by deposit of rock, sand, gravel, or soil, including, but not limited to, a “stream” as defined in Section 4528 of the Public Resources Code. -1629. -(a) (1) Unless an oak removal plan and oak removal permit application for oak removal has been submitted to and approved by the director, a person shall not remove from an oak woodland during a calendar year either of the following: -(A) A valley oak tree greater or equal to 10 inches in diameter at breast height. -(B) For oak trees other than valley oak trees, 10 or more oak trees greater than or equal to 10 inches in diameter at breast height. -(2) The director’s authority to approve an oak removal plan and oak removal permit application pursuant to this subdivision may be delegated by the director to regional managers in the department. -(b) An oak removal plan and oak removal permit application shall be prepared and signed by a registered professional forester. -(c) Applications for oak removal permits shall be on a form prescribed by the director. -(d) By June 30, 2016, the commission shall adopt regulations to implement this chapter, including regulations establishing an application fee for the cost of processing an application for an oak removal permit. The fee charged shall be established in an amount necessary to pay the total costs incurred by the department in administering and enforcing this chapter. The regulations shall ensure that the canopy cover and mapping information contained in all oak removal plans submitted as part of an oak removal permit application is incorporated into a vegetation classification and mapping program maintained by the department. -(e) The fee established pursuant to this section shall be deposited into the Oak Woodlands Protection Act Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund are continuously appropriated to the department for the purposes described in subdivision (d). -1630. -An oak removal plan, in a form prescribed by the commission, shall become part of the application for an oak removal permit. The oak removal plan shall set forth, but not be limited to, the following information: -(a) Present and future parcel use. -(b) Existing and proposed parcel canopy cover percentages. -(c) A parcel map indicating the location of all proposed oak removal. -(d) Diameter at breast height and type of oak species to be removed. -(e) Number of acres on which oak removal will occur. -(f) Habitat mitigation measures. -(g) Information required pursuant to Section 21160 of the Public Resources Code. -1631. -(a) The director’s decision to approve an oak removal permit pursuant to this chapter is a discretionary project approval subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). -(b) The director or commission may apply to the Secretary of the Natural Resources Agency to certify this program pursuant to Section 21080.5 of the Public Resources Code. -1632. -(a) The director shall not approve an oak removal permit if any of the following exist: -(1) The application and oak removal plan do not comply with this chapter or the regulations adopted by the commission to implement this chapter. -(2) The director cannot make the findings specified in Section 21081 of the Public Resources Code. -(3) Oak tree removal contemplated in the permit would remove more than 10 percent of the oak canopy cover that existed on January 1, 2015. -(4) Oak or riparian hardwood trees would be removed within 50 feet of any watercourse, lake, or reservoir. -(5) There is evidence that the information contained in the application or oak removal plan is, in a material way, either incorrect, incomplete, or misleading, or is insufficient to evaluate the plan’s environmental effects. -(6) The applicant does not have a legal or equitable interest in the property subject to the application. -(7) Implementation of the oak removal plan as proposed would cause a violation of any applicable law. -(b) Paragraphs (3) and (4) of subdivision (a) do not apply to the removal of dead trees or the removal of oak trees to create legally required fire breaks, fuel breaks, and rights-of-way. -1633. -(a) The applicant may appeal the director’s denial of an oak removal permit to the commission by filing a notice of appeal with the department within 15 days after notice of the denial. The commission shall hear the appeal within 60 days after the appeal is filed unless a later hearing date is mutually agreed upon by the applicant and the commission. -(b) An applicant whose application for an oak removal permit has been denied is entitled to a hearing before the commission conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The commission shall hear and decide appeals de novo. -1634. -(a) A person may maintain an action for declaratory and equitable relief to restrain any violation of this chapter. On a prima facie showing of a violation of this chapter, preliminary equitable relief shall be issued to restrain any further violation of this chapter. -(b) Oak removal permits approved pursuant to this chapter are construction projects as that term is used in Section 529.1 of the Code of Civil Procedure. In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding either of the following: -(1) That irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued. -(2) The remedy at law is inadequate. -1635. -The permittee shall cause an approved oak removal permit to be recorded in each county in which the property is located before beginning any operations contemplated under the permit. -1636. -(a) A person who violates this chapter is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation. -(b) The civil penalty imposed for each violation pursuant to this section is separate from, and in addition to, any other civil penalty imposed for a violation pursuant to this section or any other provision of law. -(c) In determining the amount of any civil penalty imposed pursuant to this section, the court shall take into consideration the nature, circumstance, extent, and gravity of the violation. In making this determination, the court may consider whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, any voluntary mitigation efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require. -(d) Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of California and any actions relating to the same violation may be joined or consolidated. -(e) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as described in Section 13003 and shall be apportioned in the following manner: -(1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100. -(2) Fifty percent shall be distributed to the Wildlife Conservation Board for deposit in the Oak Woodlands Conservation Fund created by Section 1363. These funds may be expended to cover the costs of any legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution. -SEC. 2. -Section 21083.4 of the Public Resources Code is repealed. -21083.4. -(a)For purposes of this section, “oak” means a native tree species in the genus Quercus, not designated as Group A or Group B commercial species pursuant to regulations adopted by the State Board of Forestry and Fire Protection pursuant to Section 4526, and that is 5 inches or more in diameter at breast height. -(b)As part of the determination made pursuant to Section 21080.1, a county shall determine whether a project within its jurisdiction may result in a conversion of oak woodlands that will have a significant effect on the environment. If a county determines that there may be a significant effect to oak woodlands, the county shall require one or more of the following oak woodlands mitigation alternatives to mitigate the significant effect of the conversion of oak woodlands: -(1)Conserve oak woodlands, through the use of conservation easements. -(2)(A)Plant an appropriate number of trees, including maintaining plantings and replacing dead or diseased trees. -(B)The requirement to maintain trees pursuant to this paragraph terminates seven years after the trees are planted. -(C)Mitigation pursuant to this paragraph shall not fulfill more than one-half of the mitigation requirement for the project. -(D)The requirements imposed pursuant to this paragraph also may be used to restore former oak woodlands. -(3)Contribute funds to the Oak Woodlands Conservation Fund, as established under subdivision (a) of Section 1363 of the Fish and Game Code, for the purpose of purchasing oak woodlands conservation easements, as specified under paragraph (1) of subdivision (d) of that section and the guidelines and criteria of the Wildlife Conservation Board. A project applicant that contributes funds under this paragraph shall not receive a grant from the Oak Woodlands Conservation Fund as part of the mitigation for the project. -(4)Other mitigation measures developed by the county. -(c)Notwithstanding subdivision (d) of Section 1363 of the Fish and Game Code, a county may use a grant awarded pursuant to the Oak Woodlands Conservation Act (Article 3.5 (commencing with Section 1360) of Chapter 4 of Division 2 of the Fish and Game Code) to prepare an oak conservation element for a general plan, an oak protection ordinance, or an oak woodlands management plan, or amendments thereto, that meets the requirements of this section. -(d)The following are exempt from this section: -(1)Projects undertaken pursuant to an approved Natural Community Conservation Plan or approved subarea plan within an approved Natural Community Conservation Plan that includes oaks as a covered species or that conserves oak habitat through natural community conservation preserve designation and implementation and mitigation measures that are consistent with this section. -(2)Affordable housing projects for lower income households, as defined pursuant to Section 50079.5 of the Health and Safety Code, that are located within an urbanized area, or within a sphere of influence as defined pursuant to Section 56076 of the Government Code. -(3)Conversion of oak woodlands on agricultural land that includes land that is used to produce or process plant and animal products for commercial purposes. -(4)Projects undertaken pursuant to Section 21080.5 of the Public Resources Code. -(e)(1)A lead agency that adopts, and a project that incorporates, one or more of the measures specified in this section to mitigate the significant effects to oaks and oak woodlands shall be deemed to be in compliance with this division only as it applies to effects on oaks and oak woodlands. -(2)The Legislature does not intend this section to modify requirements of this division, other than with regard to effects on oaks and oak woodlands. -(f)This section does not preclude the application of Section 21081 to a project. -(g)This section, and the regulations adopted pursuant to this section, shall not be construed as a limitation on the power of a public agency to comply with this division or any other provision of law. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Z’berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations unless a timber harvesting plan prepared by a registered professional forester has been submitted to the Department of Forestry and Fire Protection. The Oak Woodlands Conservation Act provides funding for the conservation and protection of California’s oak woodlands. Any violation of the Fish and Game Code is a crime. -This bill would enact the Oak Woodlands Protection Act, which would prohibit a person from removing from an oak woodland, as defined, specified oak trees, unless an oak removal plan and oak removal permit application for the oak tree removal has been submitted to and approved by the Director of Fish and Wildlife. -By June, 30, 2016, the bill would require the Fish and Game Commission to adopt regulations to implement the act, including regulations establishing an oak removal permit application fee. The bill would require the fee to be deposited into the Oak Woodlands Protection Act Fund, as created by the bill. Moneys in the fund would be continuously appropriated to the department for purposes of paying the total costs incurred by the department in administering and enforcing the act, thereby making an appropriation. -The bill would provide that any person who violates the act is subject to a civil penalty of not more than $25,000 for each violation. The bill would require all civil penalties collected to be apportioned in a specified manner, including 50% to be distributed to the Wildlife Conservation Board for deposit into the Oak Woodlands Conservation Fund. -Existing law requires a county to determine whether a project may result in a conversion of oak woodlands that will have a significant effect on the environment, and if it does, existing law requires the county to require one or more specified oak woodlands mitigation alternatives to mitigate the significant effect. -This bill would delete this law. -To the extent this bill would provide for additional criminal prosecutions for violations of the Fish and Game Code, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Chapter 6.3 (commencing with Section 1625) to Division 2 of the Fish and Game Code, and to repeal Section 21083.4 of the Public Resources Code, relating to forestry, and making an appropriation therefor." -1034,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 32000 of the Penal Code is amended to read: -32000. -(a) A person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends an unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year. -(b) This section shall not apply to any of the following: -(1) The manufacture in this state, or importation into this state, of a prototype handgun when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the Department of Justice pursuant to Section 32010 to conduct an independent test to determine whether that handgun is prohibited by Sections 31900 to 32110, inclusive, and, if not, allowing the department to add the firearm to the roster of handguns that may be sold in this state pursuant to Section 32015. -(2) The importation or lending of a handgun by employees or authorized agents of entities determining whether the weapon is prohibited by this section. -(3) Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations. -(4) The sale or purchase of a handgun, if the handgun is sold to, or purchased by, the Department of Justice, a police department, a sheriff’s official, a marshal’s office, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, any district attorney’s office, any federal law enforcement agency, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. This section does not prohibit the sale to, or purchase by, sworn members of these agencies of a handgun. -(5) The sale, purchase, or delivery of a handgun, if the sale, purchase, or delivery of the handgun is made pursuant to subdivision (d) of Section 10334 of the Public Contract Code. -(6) Subject to the limitations set forth in subdivision (c), the sale or purchase of a handgun, if the handgun is sold to, or purchased by, any of the following entities or sworn members of these entities who have satisfactorily completed the firearms portion of a training course prescribed by the Commission on Peace Officer Standards and Training pursuant to Section 832: -(A) The Department of Parks and Recreation. -(B) The Department of Alcoholic Beverage Control. -(C) The Division of Investigation of the Department of Consumer Affairs. -(D) The Department of Motor Vehicles. -(E) The Fraud Division of the Department of Insurance. -(F) The State Department of State Hospitals. -(G) The Department of Fish and Wildlife. -(H) The State Department of Developmental Services. -(I) The Department of Forestry and Fire Protection. -(J) A county probation department. -(K) The Los Angeles World Airports, as defined in Section 830.15. -(L) A K–12 public school district for use by a school police officer, as described in Section 830.32. -(M) A municipal water district for use by a park ranger, as described in Section 830.34. -(N) A county for use by a welfare fraud investigator or inspector, as described in Section 830.35. -(O) A county for use by the coroner or the deputy coroner, as described in Section 830.35. -(P) The Supreme Court and the courts of appeal for use by marshals of the Supreme Court and bailiffs of the courts of appeal, and coordinators of security for the judicial branch, as described in Section 830.36. -(Q) A fire department or fire protection agency of a county, city, city and county, district, or the state for use by either of the following: -(i) A member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37. -(ii) A member other than a member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37. -(R) The University of California Police Department, or the California State University Police Departments, as described in Section 830.2. -(S) A California Community College police department, as described in Section 830.32. -(c) (1) Notwithstanding Section 26825, a person licensed pursuant to Sections 26700 to 26915, inclusive, shall not process the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to an exemption specified in paragraph (6) of subdivision (b) and a person who is not exempt from the requirements of this section. -(2) (A) A person who obtains an unsafe handgun pursuant to paragraph (6) of subdivision (b) shall, when leaving the handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view. -(B) A violation of subparagraph (A) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000). -(C) For purposes of this paragraph, the following definitions shall apply: -(i) “Vehicle” has the same meaning as defined in Section 670 of the Vehicle Code. -(ii) A vehicle is “unattended” when a person who is lawfully carrying or transporting a handgun in the vehicle is not within close proximity to the vehicle to reasonably prevent unauthorized access to the vehicle or its contents. -(iii) “Locked container” has the same meaning as defined in Section 16850. -(D) Subparagraph (A) does not apply to a peace officer during circumstances requiring immediate aid or action that are within the course of his or her official duties. -(E) This paragraph does not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the ordinance was in effect before the date of the enactment of the act that added this subparagraph. -(d) Violations of subdivision (a) are cumulative with respect to each handgun and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, but the penalty to be imposed shall be determined as set forth in Section 654. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law makes it a crime for any person in this state to manufacture, import into the state for sale, keep for sale, offer or expose for sale, give, or lend an unsafe handgun. Under existing law, this prohibition does not apply to the sale or purchase of a handgun if the handgun is sold to, or purchased by, a police department, the Department of Corrections and Rehabilitation, or any federal law enforcement agency, among other entities. -This bill would also make the above prohibition inapplicable to the sale or purchase of a handgun if the handgun is sold to, or purchased by, specified entities or sworn members of those entities who have satisfactorily completed the firearms portion of a training course prescribed by the Commission on Peace Officer Standards and Training. The bill would prohibit a licensed firearms dealer from processing the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to this exemption and a person who is not exempt. -This bill would require a person, with exceptions, who obtains an unsafe handgun pursuant to this exemption to, when leaving the handgun in an unattended vehicle, as defined, lock the handgun in the vehicle’s trunk or lock the handgun in a locked container, as defined, and place the container out of plain view. The bill would make a violation of this provision an infraction punishable by a fine not exceeding $1,000. By creating a new crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 32000 of the Penal Code, relating to firearms." -1035,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 22513 of the Vehicle Code is amended to read: -22513. -(a) (1) It is a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, or to accrue charges for services furnished under those circumstances, unless requested to perform that service by a law enforcement officer or public agency pursuant to that agency’s procedures, or unless summoned to the scene or requested to stop by the owner or operator of a disabled vehicle. -(2) (A) A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing prior to arriving at the scene: -(i) The first and last name and working telephone number of the person who summoned it to the scene. -(ii) The make, model, year, and license plate number of the disabled vehicle. -(iii) The date and time it was summoned to the scene. -(iv) The name of the person who obtained the information in clauses (i), (ii), and (iii). -(B) A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle is exempt from the requirements of subparagraph (A), provided it possesses all of the following information in writing prior to arriving at the scene: -(i) The business name of the motor club. -(ii) The identification number the motor club assigns to the referral. -(iii) The date and time it was summoned to the scene by the motor club. -(3) A towing company or the owner or operator of a tow truck requested, or alleging it was requested, to stop at the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing upon arriving at the scene: -(A) The first and last name and working telephone number of the person who requested the stop. -(B) The make, model, and license plate number, if one is displayed, of the disabled vehicle. -(C) The date and time it was requested to stop. -(D) The name of the person who obtained the information in subparagraphs (A), (B), and (C). -(4) A towing company or the owner or operator of a tow truck summoned or requested, or alleging it was summoned or requested, by a law enforcement officer or public agency pursuant to that agency’s procedures to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, or that is expressly authorized to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, shall possess all of the following in writing before leaving the scene: -(A) The identity of the law enforcement agency or public agency. -(B) The log number, call number, incident number, or dispatch number assigned to the incident by law enforcement or the public agency, or the surname and badge number of the law enforcement officer, or the surname and employee identification number of the public agency employee. -(C) The date and time of the summons, request, or express authorization. -(5) For purposes of this section, “writing” includes electronic records. -(b) The towing company or the owner or operator of a tow truck shall make the written information described in subdivision (a) available to law enforcement, upon request, from the time it appears at the scene until the time the vehicle is towed and released to a third party, and shall maintain that information for three years. The towing company or owner or operator of a tow truck shall make that information available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. -(c) (1) Prior to attaching a vehicle to the tow truck, if the vehicle owner or operator is present at the time and location of the anticipated tow, the towing company or the owner or operator of the tow truck shall furnish the vehicle’s owner or operator with a written itemized estimate of all charges and services to be performed. The estimate shall include all of the following: -(A) The name, address, telephone number, and motor carrier permit number of the towing company. -(B) The license plate number of the tow truck performing the tow. -(C) The first and last name of the towing operator, and if different than the towing operator, the first and last name of the person from the towing company furnishing the estimate. -(D) A description and cost for all services, including, but not limited to, charges for labor, special equipment, mileage from dispatch to return, and storage fees, expressed as a 24-hour rate. -(2) The tow truck operator shall obtain the vehicle owner or operator’s signature on the itemized estimate and shall furnish a copy to the person who signed the estimate. -(3) The requirements in paragraph (1) may be completed after the vehicle is attached and removed to the nearest safe shoulder or street if done at the request of law enforcement or a public agency, provided the estimate is furnished prior to the removal of the vehicle from the nearest safe shoulder or street. -(4) The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make them available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. -(5) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle. -(6) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by law enforcement or a public agency pursuant to that agency’s procedures, and operating at the scene pursuant to a contract with that law enforcement agency or public agency. -(d) (1) Except as provided in paragraph (2), a towing company or the owner or operator of a tow truck shall not charge a fee for towing or storage, or both, of a vehicle in excess of the greater of the following: -(A) The fee that would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law enforcement agency that exercises primary jurisdiction in the city in which the vehicle was, or was attempted to be, removed, or if not located within a city, the law enforcement agency that exercises primary jurisdiction in the county in which the vehicle was, or was attempted to be, removed. -(B) The fee that would have been charged for that towing or storage, or both, under the rate approved for that towing operator by the Department of the California Highway Patrol for the jurisdiction from which the vehicle was, or was attempted to be, removed. -(2) Paragraph (1) does not apply to the towing or transportation of a vehicle or temporary storage of a vehicle in transit, if the towing or transportation is performed with the prior consent of the owner or operator of the vehicle. -(3) No charge shall be made in excess of the estimated price without the prior consent of the vehicle owner or operator. -(4) All services rendered by a tow company or tow truck operator, including any warranty or zero cost services, shall be recorded on an invoice, as described in subdivision (e) of Section 22651.07. The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make the documents available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. -(e) A person who willfully violates subdivision (b), (c), or (d) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment. -(f) This section shall not apply to the following: -(1) A vehicle owned or operated by, or under contract to, a motor club, as defined by Section 12142 of the Insurance Code, which stops to provide services for which compensation is neither requested nor received, provided that those services may not include towing other than that which may be necessary to remove the vehicle to the nearest safe shoulder. The owner or operator of that vehicle may contact a law enforcement agency or other public agency on behalf of a motorist, but may not refer a motorist to a tow truck owner or operator, unless the motorist is a member of the motor club, the motorist is referred to a tow truck owner or operator under contract to the motor club, and, if there is a dispatch facility that services the area and is owned or operated by the motor club, the referral is made through that dispatch facility. -(2) A tow truck operator employed by a law enforcement agency or other public agency. -(3) A tow truck owner or operator acting under contract with a law enforcement or other public agency to abate abandoned vehicles, or to provide towing service or emergency road service to motorists while involved in freeway service patrol operations, to the extent authorized by law. -SEC. 2. -Section 22513.1 of the Vehicle Code is amended to read: -22513.1. -(a) (1) A business taking possession of a vehicle from a tow truck during hours the business is open to the public shall document all of the following: -(A) The name, address, and telephone number of the towing company. -(B) The name and driver’s license number, driver’s identification number issued by a motor club, as defined in Section 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator. -(C) The make, model, and license plate or Vehicle Identification Number. -(D) The date and time that possession was taken of the vehicle. -(2) For purposes of subparagraph (B) of paragraph (1), if a tow truck operator refuses to provide information described in subparagraph (B) of paragraph (1) to a new motor vehicle dealer, as defined in Section 426, a new motor vehicle dealer is in compliance with this section if the new motor vehicle dealer documents the reasonable efforts made to obtain this information from the tow truck operator. -(b) A business taking possession of a vehicle from a tow truck when the business is closed to the public shall document all of the following: -(1) The make, model, and license plate or vehicle identification number. -(2) The date and time that the business first observed the vehicle on its property. -(3) The reasonable effort made by the business to contact the towing company, if identifying information was left with the vehicle, and the vehicle’s owner or operator to obtain and document both of the following: -(A) The name, address, and telephone number of the towing company. -(B) The name and driver’s license number, driver’s identification number issued by a motor club, as defined in Section 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator. -(c) The information required in this section shall be maintained for three years and shall be available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, a sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office. -(d) For purposes of this section, a new motor vehicle dealer, as defined in Section 426, is not open to the public during hours its repair shop is closed to the public. -(e) A person who willfully violates this section is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.","Existing law requires a business taking possession of a vehicle from a tow truck to document specified information, including the make, model, and license plate or vehicle identification number of the vehicle. Existing law requires a business taking possession of a vehicle to obtain the specified information from the towing company the next day if the vehicle was dropped off after hours. Existing law requires the information to be maintained for 3 years and to be made available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, a sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office. A willful violation of these requirements is a misdemeanor, as specified. -This bill would specify that a business is required to document the specified information described above when it takes possession of a vehicle from a tow truck during hours the business is open to the public and would also authorize the business to document the tow truck driver’s identification number, as specified, or another government authorized unique identifier of the tow truck operator. The bill would require a business taking possession of a vehicle from a tow truck when the business is closed to the public to document the make, model, and license plate or vehicle identification number of the vehicle and the date and time that the business first observed the vehicle on its property. A business taking possession of a vehicle from a tow truck when the business is closed to the public would also be required to make reasonable efforts to contact the towing company and the vehicle’s owner or operator to document specified information from the towing company. The bill would delete the requirement that a business taking possession of a vehicle from a tow truck when the business is closed obtain specified information from the towing company by the next day. -Existing law makes it a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, to furnish towing services, to move a vehicle when the vehicle has been left unattended or when there is an injury as the result of an accident, or to accrue charges for services furnished under those circumstances, unless requested or summoned to perform that service. Existing law requires a towing company or the owner or operator of a tow truck to possess specified information in writing about the disabled vehicle. Existing law requires the information to be maintained for 3 years and to be made available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, a sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. -This bill would require a towing company or the owner or operator of a tow truck to possess specified information in writing about the disabled vehicle and to maintain that information, as specified when it alleges it was requested or summoned to the scene.","An act to amend Sections 22513 and 22513.1 of the Vehicle Code, relating to vehicles." -1036,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2192 of the Streets and Highways Code is amended to read: -2192. -(a) (1) The Trade Corridors Improvement Fund, created pursuant to subdivision (c) of Section 8879.23 of the Government Code, is hereby continued in existence to receive revenues from state sources other than the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006. -(2) Revenues apportioned to the state under Section 167 of Title 23 of the United States Code from the National Highway Freight Program, pursuant to the federal Fixing America’s Surface Transportation Act (“FAST Act”; Public Law 114-94) shall be allocated for projects approved pursuant to this chapter. -(b) This chapter shall govern expenditure of those state and federal revenues described in subdivision (a). -(c) The funding described in subdivision (a) shall be available upon appropriation for allocation by the California Transportation Commission for infrastructure improvements in this state on federally designated Trade Corridors of National and Regional Significance, on the Primary Freight Network, and along other corridors that have a high volume of freight movement, as determined by the commission. In determining the projects eligible for funding, the commission shall consult the Transportation Agency’s state freight plan as described in Section 13978.8 of the Government Code and the California Sustainable Freight Action Plan released in July 2016 pursuant to Executive Order B-32-15. The commission shall also consult trade infrastructure and goods movement plans adopted by regional transportation planning agencies, adopted regional transportation plans required by state and federal law, and the applicable port master plan when determining eligible projects for funding. Eligible projects for the funding described in subdivision (a) shall further the state’s economic, environmental, and public health objectives and goals for freight policy, as articulated in the plans to be consulted pursuant to this subdivision, and may include, but are not limited to, all of the following: -(1) Highway capacity improvements, rail landside access improvements, landside freight access improvements to airports, and operational improvements to more efficiently accommodate the movement of freight, particularly for ingress and egress to and from the state’s land ports of entry, rail terminals, and seaports, including navigable inland waterways used to transport freight between seaports, land ports of entry, and airports, and to relieve traffic congestion along major trade or goods movement corridors. -(2) Freight rail system improvements to enhance the ability to move goods from seaports, land ports of entry, and airports to warehousing and distribution centers throughout California, including projects that separate rail lines from highway or local road traffic, improve freight rail mobility through mountainous regions, relocate rail switching yards, and other projects that improve the efficiency and capacity of the rail freight system. -(3) Projects to enhance the capacity and efficiency of ports. -(4) Truck corridor and capital and operational improvements, including dedicated truck facilities or truck toll facilities. -(5) Border capital and operational improvements that enhance goods movement between California and Mexico and that maximize the state’s ability to access funds made available to the state by federal law. -(6) Surface transportation and connector road improvements to effectively facilitate the movement of goods, particularly for ingress and egress to and from the state’s land ports of entry, airports, and seaports, to relieve traffic congestion along major trade or goods movement corridors. -(d) (1) In selecting projects for inclusion in the program of projects to be funded with funds described in subdivision (a), the commission shall evaluate the total potential costs and total potential economic and noneconomic benefits of the program to California’s economy, environment, and public health. The commission shall consult with the State Air Resources Board in order to utilize the appropriate models, techniques, and methods to develop the parameters for evaluation of projects. The commission shall allocate the funding described in subdivision (a) for trade infrastructure improvements consistent with Section 8879.52 of the Government Code and the Trade Corridors Improvement Fund (TCIF) Guidelines adopted by the commission on November 27, 2007, or as amended by the commission, and in a manner that (A) addresses the state’s most urgent needs, (B) balances the demands of various land ports of entry, seaports, and airports, (C) provides reasonable geographic balance between the state’s regions, (D) places emphasis on projects that improve trade corridor mobility and safety while reducing emissions of diesel particulates, greenhouse gases, and other pollutants, and reducing other negative community impacts, and (E) makes a significant contribution to the state’s economy. The commission shall adopt any amendments to the 2007 guidelines on or before April 1, 2017. -(2) In adopting amended guidelines, and developing and adopting the program of projects, the commission shall do all of the following: -(A) Accept nominations for projects to be included in the program of projects from regional and local transportation agencies and the Department of Transportation. -(B) Recognize the key role of the state in project identification and support integrating statewide goods movement priorities into the corridor approach. -(C) Make a finding that adoption and delivery of the program of projects is in the public interest. -(3) In addition, the commission shall also consider the following factors when allocating these funds: -(A) “Velocity,” which means the speed by which large cargo would travel from the land port of entry or seaport through the distribution system. -(B) “Throughput,” which means the volume of cargo that would move from the land port of entry or seaport through the distribution system. -(C) “Reliability,” which means a reasonably consistent and predictable amount of time for cargo to travel from one point to another on any given day or at any given time in California. -(D) “Congestion reduction,” which means the reduction in recurrent daily hours of delay to be achieved. -SEC. 2. -Section 2192.2 of the Streets and Highways Code is amended to read: -2192.2. -The commission shall allocate funds made available by this chapter to projects that have identified and committed supplemental funding from appropriate local, federal, or private sources. The commission shall determine the appropriate amount of supplemental funding each project should have to be eligible for moneys based on a project-by-project review and an assessment of the project’s benefit to the state and the program. Funded improvements shall have supplemental funding that is at least equal to the amount of the contribution under this chapter. The commission may give priority for funding to projects with higher levels of committed supplemental funding.","The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Proposition 1B) created the Trade Corridors Improvement Fund and provided for allocation by the California Transportation Commission of $2 billion in bond funds for infrastructure improvements on highway and rail corridors that have a high volume of freight movement, and specified categories of projects eligible to receive these funds. Existing law continues the Trade Corridors Improvement Fund in existence in order to receive revenues from sources other than the bond act for these purposes. -This bill would require revenues apportioned to the state from the National Highway Freight Program established by the federal Fixing America’s Surface Transportation Act to be allocated for trade corridor improvement projects approved pursuant to these provisions. -Existing law requires the commission, in determining projects eligible for funding, to consult various state freight and regional infrastructure and goods movement plans and the statewide port master plan. -This bill would delete consideration of the State Air Resources Board’s Sustainable Freight Strategy and the statewide port master plan and would instead include consideration of the applicable port master plan and the California Sustainable Freight Action Plan of July 2016 when determining eligible projects for funding. The bill would also expand eligible projects to include rail landside access improvements, landside freight access improvements to airports, and certain capital and operational improvements. The bill would require the commission to use existing guidelines for the Trade Corridors Improvement Fund in allocating available funding but would authorize the commission to adopt amendments to the guidelines by April 1, 2017, and would impose various other requirements on the commission.","An act to amend Sections 2192 and 2192.2 of the Streets and Highways Code, relating to transportation." -1037,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 23356.2 of the Business and Professions Code is amended to read: -23356.2. -(a) No license or permit shall be required for the manufacture of beer or wine for personal or family use, and not for sale, by a person over 21 years of age. The aggregate amount of beer or wine with respect to any household shall not exceed (1) 100 gallons per calendar year if there is only one adult in the household or (2) 200 gallons per calendar year if there are two or more adults in the household. -(b) Beer or wine produced pursuant to this section may be removed from the premises where made only under any of the following circumstances: -(1) For use, including in a bona fide competition or judging or a bona fide exhibition or tasting. -(2) For personal or family use. -(3) When donated to a nonprofit organization for use as provided in subdivision (c) or (d). -(4) Beer or wine produced pursuant to this section may only be provided or served to the public pursuant to paragraphs (1) and (3) within a clearly identified area, that includes, but is not limited to, a physical barrier with a monitored point of entry. Beer or wine produced by a beer manufacturer or winegrower as defined in Sections 23012 and 23013, respectively, and licensed by the department, shall not be provided or served to the public within this area. -(5) (A) Beer produced pursuant to this section may be removed from the premises where made in connection with a homebrewers club meeting or bona fide home brewed beer competition that is held on the premises of an authorized licensee. Homebrewers may exchange containers of home brewed beer during the club meeting or bona fide home brewed beer competition. Home brewed beer made by the club members may be consumed by club members while on the licensed premises during the club meeting or by competition organizers, competition judges, and competition stewards on licensed premises during a bona fide home brewed beer competition. Patrons of the authorized licensee that are not club members, competition organizers, competition judges, or competition stewards shall not consume any home brewed beer. -(B) The authorized licensee shall designate, by signage or other item, which tables within the licensed premises shall be used by club members during the club meeting or bona fide home brewed beer competition. -(C) For purposes of this paragraph, “authorized licensee” means a licensee that holds an on-sale beer license, an on-sale beer and wine license for a bona fide public eating place, an on-sale beer and wine for public premises license, an on-sale general license for a bona fide eating place, a club license, a veterans’ club license, an on-sale general brew pub license, an on-sale general license for public premises, a beer manufacturer’s license, or a small beer manufacturer’s license. -(c) (1) Beer or wine produced pursuant to this section may be donated to a nonprofit organization for sale at fundraising events conducted solely by and for the benefit of the nonprofit organization. Beer and wine donated pursuant to this subdivision may be sold by the nonprofit organization only for consumption on the premises of the fundraising event, under a license issued by the department to the nonprofit organization pursuant to this division. -(2) Beer or wine donated and sold pursuant to this subdivision shall bear a label identifying its producer and stating that the beer or wine is homemade and not available for sale or for consumption off the licensed premises. The beer or wine is not required to comply with other labeling requirements under this division. However, nothing in this paragraph authorizes the use of any false or misleading information on a beer or wine label. -(3) A nonprofit organization established for the purpose of promoting home production of beer or wine, or whose membership is composed primarily of home brewers or home winemakers, shall not be eligible to sell beer pursuant to this subdivision. -(d) A nonprofit organization established for the purpose of promoting home production of beer shall be eligible to serve beer at a fundraising event conducted solely for the benefit of the nonprofit organization pursuant to this subdivision, subject to the following conditions: -(1) The beer that is served is donated by home brewers. -(2) The nonprofit organization shall be issued no more than two permits per calendar year for the serving of beer pursuant to this subdivision. -(3) The nonprofit organization shall display a printed notice at the event that states that home brewed beer is not a regulated product subject to health and safety standards. -(4) The event shall have an educational component that includes instruction on the subject of beer, including, but not limited to, the history, nature, values, and characteristics of beer, the use of beer lists, and the methods of presenting and serving beer. -(5) Only bona fide members of the nonprofit organization may attend the event. -(6) The nonprofit organization shall not solicit or sign up individuals to be members of the nonprofit organization on the day of the event at the event premises. -(7) The nonprofit organization shall provide the department with the number of members that have registered for the event and the estimated number that will be in attendance, 48 hours before the event. This paragraph shall apply only if more than 50 members are expected to be in attendance at the event. -(e) Except as provided in subdivision (c), this section does not authorize the sale or offering for sale by any person of any beer or wine produced pursuant to this section. -(f) Except as provided herein, nothing in this section authorizes any activity in violation of Section 23300, 23355, or 23399.1.","Existing law authorizes a person to manufacture beer or wine for personal or family use without the need for a license or permit, as provided. Existing law authorizes the removal of beer or wine from the premises where made for personal or family use, for specified purposes, including at bona fide competitions or exhibitions. -This bill would permit the removal and use of home brewed beer in connection with a club meeting or home brewed beer competition held on the premises of an authorized licensee. The bill would also permit club members to exchange and consume home brewed beer at this type of meeting, would allow specified persons to consume home brewed beer during a competition, and would require tables used for the meeting or competition to be designated by the authorized licensee, as specified.","An act to amend Section 23356.2 of the Business and Professions Code, relating to alcoholic beverages." -1038,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 8698 of the Government Code is amended to read: -8698. -For purposes of this chapter, the following definitions shall apply: -(a) “Political subdivision” includes the state, any city, city and county, county, special district, or school district or public agency authorized by law. -(b) “Governing body” means the following: -(1) The Governor for the state. -(2) The legislative body for a city or city and county. -(3) The board of supervisors for a county. -(4) The governing board or board of trustees for a district or other public agency. -(5) An official designated by ordinance or resolution adopted by a governing body, as defined in paragraph (2), (3), or (4). -(c) “Public facility” means any facility of a political subdivision including parks, schools, and vacant or underutilized facilities which are owned, operated, leased, or maintained, or any combination thereof, by the political subdivision through money derived by taxation or assessment. -(d) “Declaration of a shelter crisis” means the duly proclaimed existence of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety. -(e) “Emergency bridge housing community” means any new or existing facilities, including, but not limited to, housing in temporary structures, including, but not limited to, emergency sleeping cabins consistent with the requirements of subdivision (h) of Section 8698.3 that are reserved for homeless persons and families, together with community support facilities, including, but not limited to, showers and bathrooms adequate to serve the anticipated number of residents all of which may be located on property leased or owned by a political subdivision. An emergency bridge housing community shall include supportive and self-sufficiency development services, have the ultimate goal of moving homeless persons to permanent housing as quickly as reasonably possible, and limit rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. -SEC. 2. -Section 8698.3 is added to the Government Code, to read: -8698.3. -Notwithstanding any other provisions in this chapter, upon a declaration of a shelter crisis by the City of San Jose, the following shall apply during a shelter crisis: -(a) Emergency housing may include an emergency bridge housing community for the homeless located or constructed on any city-owned or city-leased land, including land acquired with low- and moderate-income housing funds. -(b) (1) The city, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, may adopt by ordinance reasonable local standards for the design, site development, and operation of emergency bridge housing communities and the structures and facilities therein, to the extent that it is determined at the time of adoption that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. The Department of Housing and Community Development shall review the city’s draft ordinance to ensure it addresses minimum health and safety standards. The department shall, as set forth in Section 9795 of the Government Code, provide its findings to the Senate and Assembly housing committees and the Senate Judiciary Committee within 30 calendar days of receiving the draft ordinance. -(2) During the shelter crisis, except as provided in this section, provisions of any state or local building, housing, health, habitability, or safety standards or laws shall be suspended for the emergency bridge housing communities provided that the city has adopted health and safety standards for emergency bridge housing communities consistent with ensuring minimal public health and safety and those standards are complied with. Landlord tenant laws codified in Sections 1941 to 1942.5, inclusive, of the Civil Code providing a cause of action for habitability or tenantability, shall be suspended for the emergency bridgeation of the shelter crisis. -(e) The city shall match each resident of an emergency bridge housing community to an affordable housing unit identified in the city’s housing plan that shall be available for the resident to live in on or before January 1, 2022. -(f) On or before July 1, 2017, the city shall develop a plan for every emergency bridge housing community to include on-site supportive services. The city shall make the report publicly available. -(g) On or before January 1, 2018, and annually thereafter, the city shall report to the Legislature the number of residents in every emergency bridge housing community, the number of residents who have moved from an emergency bridge housing community into permanent affordable housing, the average time required for a resident to receive a permanent affordable housing unit, and the actual and projected number of permanent affordable housing units available through January 1, 2022. -(h) An “emergency sleeping cabin” means a relocatable hard-sided structure that may be used for occupancy only pursuant to Section 8698 and this section. It shall have a raised floor area of no less than 120 square feet of interior space for two occupants and a minimum of 70 square feet of interior space for one occupant. It shall contain no plumbing or gas service. An emergency sleeping cabin shall meet a minimum of a 20 pounds per square foot live load roof structure, shall be provided light, heat, and ventilation, and shall comply with minimum emergency bridge housing design standards as follows: -(1) Electrical power available as needed to meet the light and heat requirements of this subdivision. The source of electricity may be solar power. -(2) At least one interior lighting fixture. -(3) Electrical heating equipment approved for residential use. -(4) Means of ventilation allowing for adequate air replacement. -(5) At least one GFCI-protected receptacle for use by the occupant or occupants. -(6) At least two forms of egress placed remotely from each other, one of which may be an egress window with a sill height of not more than 44 inches from the floor, a minimum net opening height of 24 inches, and a minimum width of 20 inches. -(7) A privacy lock on each door. -(8) When required to meet accessibility requirements, compliance with the applicable requirements specified in Chapter 11B of the California Building Code. -(9) One permanently wired smoke alarm with battery backup, listed and labeled in accordance with UL 217, installed in accordance with the California Residential Code and NFPA 72. Battery powered alarms are permissible in lieu of wired alarms only when the cabin is solar powered and other electrical service is not supplied to the cabin. Smoke alarms shall be listed and approved by the State Fire Marshal. -(10) This subdivision shall remain operative until the date on which the California Building Standards Commission includes standards in the California Building Standards Code that conform to this subdivision. -(i) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SEC. 3. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to address the problem of homelessness in the City of San Jose.","Existing law authorizes a governing body of a political subdivision, as defined, to declare a shelter crisis if the governing body makes a specified finding. Existing law authorizes a political subdivision to allow persons unable to obtain housing to occupy designated public facilities, as defined, during the period of a shelter crisis. Existing law provides that certain state and local laws, regulations, and ordinances are suspended during a shelter crisis, to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. -This bill, until January 1, 2022, upon a declaration of a shelter crisis by the City of San Jose would authorize emergency housing to include an emergency bridge housing community for the homeless. The bill would define an emergency bridge housing community to include, but not be limited to, housing in temporary structures including, but not limited to, emergency sleeping cabins, as defined. The bill, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, would authorize the city to adopt by ordinance reasonable local standards for emergency bridge housing communities, as specified. The bill would require the Department of Housing and Community Development to review the draft ordinance to ensure it addresses minimum health and safety standards and to provide its findings to committees of the Legislature, as provided. The bill would require the city, among other things, to match each resident of an emergency bridge housing community to an affordable housing unit identified in the city’s housing plan that will be available for the resident to live in on or before January 1, 2022, and develop a plan for emergency bridge housing communities to include on-site supportive services. The bill would further require the city to annually report to the Legislature specific information on emergency bridge housing communities, including, among other information, the number of residents in every emergency bridge housing community and the actual and projected number of permanent affordable housing units available through January 1, 2022. -This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Jose.","An act to amend Section 8698 of, and to add and repeal Section 8698.3 of, the Government Code, relating to housing." -1039,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1206.5 of the Business and Professions Code is amended to read: -1206.5. -(a) Notwithstanding subdivision (b) of Section 1206 and except as otherwise provided in Sections 1206.6 and 1241, no person shall perform a clinical laboratory test or examination classified as waived under CLIA unless the clinical laboratory test or examination is performed under the overall operation and administration of the laboratory director, as described in Section 1209, including, but not limited to, documentation by the laboratory director of the adequacy of the qualifications and competency of the personnel, and the test is performed by any of the following persons: -(1) A licensed physician and surgeon holding an M.D. or D.O. degree. -(2) A licensed podiatrist, a licensed dentist, or a licensed naturopathic doctor, if the results of the tests can be lawfully utilized within his or her practice. -(3) A person licensed under this chapter to engage in clinical laboratory practice or to direct a clinical laboratory. -(4) A person authorized to perform tests pursuant to a certificate issued under Article 5 (commencing with Section 101150) of Chapter 2 of Part 3 of Division 101 of the Health and Safety Code. -(5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535. -(6) A person licensed under Chapter 6 (commencing with Section 2700). -(7) A person licensed under Chapter 6.5 (commencing with Section 2840). -(8) A perfusionist if authorized by and performed in compliance with Section 2590. -(9) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700). -(10) A medical assistant, as defined in Section 2069, if the waived test is performed pursuant to a specific authorization meeting the requirements of Section 2069. -(11) A pharmacist, as defined in Section 4036, if ordering drug therapy-related laboratory tests in compliance with paragraph (2) of subdivision (a) of Section 4052.1 or paragraph (2) of subdivision (a) of Section 4052.2, or if performing skin puncture in the course of performing routine patient assessment procedures in compliance with Section 4052.1. -(12) A naturopathic assistant, as defined in Sections 3613 and 3640.2, if the waived test is performed pursuant to a specific authorization meeting the requirements of Sections 3613 and 3640.2. -(13) A licensed optometrist as authorized under Chapter 7 (commencing with Section 3000). -(14) Other health care personnel providing direct patient care. -(15) Any other person performing nondiagnostic testing pursuant to Section 1244. -(16) A hepatitis C counselor performing a hepatitis C virus (HCV) test pursuant to Section 122440 of the Health and Safety Code. -(b) Notwithstanding subdivision (b) of Section 1206, no person shall perform clinical laboratory tests or examinations classified as of moderate complexity under CLIA unless the clinical laboratory test or examination is performed under the overall operation and administration of the laboratory director, as described in Section 1209, including, but not limited to, documentation by the laboratory director of the adequacy of the qualifications and competency of the personnel, and the test is performed by any of the following persons: -(1) A licensed physician and surgeon holding an M.D. or D.O. degree. -(2) A licensed podiatrist or a licensed dentist if the results of the tests can be lawfully utilized within his or her practice. -(3) A person licensed under this chapter to engage in clinical laboratory practice or to direct a clinical laboratory. -(4) A person authorized to perform tests pursuant to a certificate issued under Article 5 (commencing with Section 101150) of Chapter 2 of Part 3 of Division 101 of the Health and Safety Code. -(5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535. -(6) A person licensed under Chapter 6 (commencing with Section 2700). -(7) A perfusionist if authorized by and performed in compliance with Section 2590. -(8) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700). -(9) A person performing nuclear medicine technology if authorized by and performed in compliance with Article 6 (commencing with Section 107150) of Chapter 4 of Part 1 of Division 104 of the Health and Safety Code. -(10) Any person if performing blood gas analysis in compliance with Section 1245. -(11) (A) A person certified or licensed as an “Emergency Medical Technician II” or paramedic pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code while providing prehospital medical care, a person licensed as a psychiatric technician under Chapter 10 (commencing with Section 4500) of Division 2, as a vocational nurse pursuant to Chapter 6.5 (commencing with Section 2840), or as a midwife licensed pursuant to Article 24 (commencing with Section 2505) of Chapter 5, or certified by the department pursuant to Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations as a nurse assistant or a home health aide, who provides direct patient care, if the person is performing the test as an adjunct to the provision of direct patient care by the person, is utilizing a point-of-care laboratory testing device at a site for which a laboratory license or registration has been issued, meets the minimum clinical laboratory education, training, and experience requirements set forth in regulations adopted by the department, and has demonstrated to the satisfaction of the laboratory director that he or she is competent in the operation of the point-of-care laboratory testing device for each analyte to be reported. -(B) Prior to being authorized by the laboratory director to perform laboratory tests or examinations, testing personnel identified in subparagraph (A) shall participate in a preceptor program until they are able to perform the clinical laboratory tests or examinations authorized in this section with results that are deemed accurate and skills that are deemed competent by the preceptor. For the purposes of this section, a “preceptor program” means an organized system that meets regulatory requirements in which a preceptor provides and documents personal observation and critical evaluation, including review of accuracy, reliability, and validity, of laboratory testing performed. -(12) Any other person within a physician office laboratory if the test is performed under the supervision of the patient’s physician and surgeon or podiatrist who shall be accessible to the laboratory to provide onsite, telephone, or electronic consultation as needed, and shall: (A) ensure that the person is performing test methods as required for accurate and reliable tests; and (B) have personal knowledge of the results of the clinical laboratory testing or examination performed by that person before the test results are reported from the laboratory. -(13) A pharmacist, if ordering drug therapy-related laboratory tests in compliance with paragraph (2) of subdivision (a) of Section 4052.1 or paragraph (2) of subdivision (a) of Section 4052.2. -(c) Notwithstanding subdivision (b) of Section 1206, no person shall perform clinical laboratory tests or examinations classified as of high complexity under CLIA unless the clinical laboratory test or examination is performed under the overall operation and administration of the laboratory director, as described in Section 1209, including, but not limited to, documentation by the laboratory director of the adequacy of the qualifications and competency of the personnel, and the test is performed by any of the following persons: -(1) A licensed physician and surgeon holding an M.D. or D.O. degree. -(2) A licensed podiatrist or a licensed dentist if the results of the tests can be lawfully utilized within his or her practice. -(3) A person licensed under this chapter to engage in clinical laboratory practice or to direct a clinical laboratory if the test or examination is within a specialty or subspecialty authorized by the person’s licensure. -(4) A person authorized to perform tests pursuant to a certificate issued under Article 5 (commencing with Section 101150) of Chapter 2 of Part 3 of Division 101 of the Health and Safety Code if the test or examination is within a specialty or subspecialty authorized by the person’s certification. -(5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535. -(6) A perfusionist if authorized by and performed in compliance with Section 2590. -(7) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700). -(8) A person performing nuclear medicine technology if authorized by and performed in compliance with Article 6 (commencing with Section 107150) of Chapter 4 of Part 1 of Division 104 of the Health and Safety Code. -(9) Any person if performing blood gas analysis in compliance with Section 1245. -(10) Any other person within a physician office laboratory if the test is performed under the onsite supervision of the patient’s physician and surgeon or podiatrist who shall: (A) ensure that the person is performing test methods as required for accurate and reliable tests; and (B) have personal knowledge of the results of clinical laboratory testing or examination performed by that person before the test results are reported from the laboratory. -(d) Clinical laboratory examinations classified as provider-performed microscopy under CLIA may be personally performed using a brightfield or phase/contrast microscope by one of the following practitioners: -(1) A licensed physician and surgeon using the microscope during the patient’s visit on a specimen obtained from his or her own patient or from a patient of a group medical practice of which the physician is a member or employee. -(2) A nurse midwife holding a certificate as specified by Section 2746.5, a licensed nurse practitioner as specified in Section 2835.5, or a licensed physician assistant acting under the supervision of a physician pursuant to Section 3502 using the microscope during the patient’s visit on a specimen obtained from his or her own patient or from the patient of a clinic, group medical practice, or other health care provider of which the certified nurse midwife, licensed nurse practitioner, or licensed physician assistant is an employee. -(3) A licensed dentist using the microscope during the patient’s visit on a specimen obtained from his or her own patient or from a patient of a group dental practice of which the dentist is a member or an employee. -SEC. 2. -Section 122440 is added to the Health and Safety Code, to read: -122440. -(a) A hepatitis C counselor who meets the requirements of subdivision (d) may do all of the following: -(1) Perform any hepatitis C virus (HCV) test that is classified as waived under the federal Clinical Laboratory Improvement Act (CLIA) (42 U.S.C. Sec. 263a et seq.) if all of the following conditions exist: -(A) The performance of the HCV test meets the requirements of CLIA and Chapter 3 (commencing with Section 1200) of Division 2 of the Business and Professions Code. -(B) Notwithstanding Section 1246 of the Business and Professions Code, a hepatitis C counselor may perform skin punctures for the purpose of withdrawing blood for waived HCV testing, upon specific authorization from a licensed physician and surgeon, provided that the person meets both of the following requirements: -(i) He or she works under the direction of a licensed physician and surgeon. -(ii) He or she has been trained in rapid test proficiency for skin puncture blood tests and in universal infection control precautions, consistent with best infection control practices established by the Division of Occupational Safety and Health in the Department of Industrial Relations and the federal Centers for Disease Control and Prevention. -(C) The person performing the HCV test meets the requirements for the performance of waived laboratory testing pursuant to subdivision (a) of Section 1206.5 of the Business and Professions Code. -(D) The patient is informed that the preliminary result of the test is indicative of the likelihood of HCV exposure and that the result must be confirmed by an additional more specific test, or, if approved by the federal Centers for Disease Control and Prevention for that purpose, a second, different rapid HCV test. This subdivision does not allow a hepatitis C counselor to perform any HCV test that is not classified as waived under CLIA. -(2) Notwithstanding Section 1246.5 of the Business and Professions Code, order and report HCV test results from tests performed pursuant to paragraph (1) to patients without authorization from a licensed health care practitioner or his or her authorized representative. A patient who has an indeterminate or positive test result from tests performed pursuant to paragraph (1) shall be referred to a licensed health care practitioner whose scope of practice includes the authority to refer a patient for laboratory testing for further evaluation. -(b) A hepatitis C counselor who meets the requirements of this section with respect to performing any HCV test that is classified as waived under CLIA may not perform any other test unless that person meets the statutory and regulatory requirements for performing that other test. -(c) Compliance with this section does not fulfill any requirements for certification as a phlebotomy technician or a limited phlebotomy technician, unless the hepatitis C counselor has otherwise satisfied the certification requirements imposed pursuant to Section 1246 of the Business and Professions Code. -(d) A hepatitis C counselor shall meet one of the following criteria: -(1) Is authorized to perform an HCV test in accordance with paragraph (1) of subdivision (a) of Section 120917. -(2) Is working in a hepatitis C counseling and testing site that meets both of the following criteria: -(A) Utilizes hepatitis C counselors who are trained by the State Department of Public Health or its agents to provide hepatitis C counseling and testing. For the purposes of this subparagraph, a training agent may include, but is not limited to, a local health department or its designee, an academic medical center, or a community-based organization. -(B) Has and retains a quality assurance plan and has hepatitis C counseling and testing staff who comply with the quality assurance protocols and guidelines made available by the State Department of Public Health in accordance with Section 122410.","Under existing law, the State Department of Public Health licenses, registers, and regulates clinical laboratories and various clinical laboratory personnel. Existing law prohibits a person from performing a clinical laboratory test or examination classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 unless the test or examination is performed under the overall operation and administration of a laboratory director and the test or examination is performed by any one of specified professionals and others, including a licensed physician and surgeon or pharmacist. Existing law establishes the Office of AIDS in the department and defines human immunodeficiency virus (HIV) as the etiologic agent of acquired immunodeficiency syndrome (AIDS). Existing law authorizes an HIV counselor who receives specified training and works in specified counseling and testing sites to perform HIV, hepatitis C virus (HCV), or combined HIV/HCV tests, including performing skin punctures for purposes of withdrawing blood for purposes of these tests, as specified. -This bill would authorize a hepatitis C counselor who meets specified requirements to perform an HCV test and to order and report HCV test results. The bill would authorize the State Department of Public Health to implement and administer these provisions by means of a bulletin or similar instructions. The bill would also add hepatitis C counselors performing an HCV test to the list of professionals authorized to perform a test or examination classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988, as specified.","An act to amend Section 1206.5 of the Business and Professions Code, and to add Section 122440 to the Health and Safety Code, relating to public health." -1040,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) It is the intent of the Legislature to create a green infrastructure program that would encourage state agencies to account for and reduce the greenhouse gas emissions associated with -energy-intensive -emissions-intensive -products that are used in major infrastructure projects and funded in whole or in part with state funds. This program would reduce the greenhouse gas emissions associated with -energy-intensive -emissions-intensive -products by providing a market for high-quality goods with the lowest overall greenhouse gas emissions. -(b) If -energy-intensive -emissions-intensive -products are sourced from facilities that do not comply with California’s climate energy goals or if a product is transported a long distance to the job site, it creates a large amount of greenhouse gas emissions that is part of the emissions total California is seeking to reduce by 2020. By ignoring these emissions, California is shifting the burden of emissions reductions to other portions of the economy and this places additional burden on California’s businesses and consumers. It would be better for consumers if the state acknowledges the emissions associated with large infrastructure projects and crafts a procurement process to procure a green product, a product that lowers greenhouse gas emissions while still meeting quality standards. -(c) Executive Order B-30-15 issued by Governor Edmund G. Brown Jr. stipulates that “State agencies shall take climate change into account in their planning and investment decisions and employ full life-cycle cost accounting to evaluate and compare infrastructure investments and alternatives.” It also notes that state agencies’ planning investments shall be guided by principles that build climate preparedness and reduce greenhouse gas emissions. -SEC. 2. -Section 10130 is added to the Public Contract Code, to read: -10130. -(a) As used in this section: -(1) “Project” means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more. -(2) -“Energy-intensive product” -“Emissions-intensive product” -means a product that is produced by -a company -the following industry sectors, as -identified by the cap-and-trade program of the State Air Resources Board as -energy -emissions -intensive, trade -exposed. -exposed: -(A) Cement manufacturing. -(B) Flat glass manufacturing. -(C) Iron and steel mills. -(D) Rolled shape manufacturing. -(b) (1) On or before January 1, 2018, the department shall prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with -energy-intensive -emissions-intensive -products in projects within the jurisdiction of the department. The emissions total shall take into account the greenhouse gas emissions that are produced when the -energy-intensive -emissions-intensive -product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the -energy-intensive -emissions-intensive -product from the site of its manufacture to the project site. -(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code. -(3) The requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. -(c) As of January 1, 2018, the department shall incorporate the greenhouse gas emissions information described in subdivision (b) into its procurement processes, including bid specifications, to procure -energy-intensive -emissions-intensive -products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes. -SEC. 3. -Section 10503.5 is added to the Public Contract Code, to read: -10503.5. -(a) As used in this section: -(1) “Project” means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more. -(2) -“Energy-intensive product” -“Emissions-intensive product” -means a product that is produced by -a company -the following industry sectors, as -identified by the cap-and-trade program of the State Air Resources Board as -energy -emissions -intensive, trade -exposed. -exposed: -(A) Cement manufacturing. -(B) Flat glass manufacturing. -(C) Iron and steel mills. -(D) Rolled shape manufacturing. -(b) (1) On or before January 1, 2018, the Regents of the University of California shall prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with -energy-intensive -emissions-intensive -products in projects within the jurisdiction of the Regents of the University of California. The emissions total shall take into account the greenhouse gas emissions that are produced when the -energy-intensive -emissions-intensive -product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the -energy-intensive -emissions-intensive -product from the site of its manufacture to the project site. -(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code. -(3) The requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. -(c) As of January 1, 2018, the Regents of the University of California shall incorporate the greenhouse gas emissions information described in subdivision (b) into University of California procurement processes, including bid specifications, to procure -energy-intensive -emissions-intensive -products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes. -SEC. 4. -Section 10727 is added to the Public Contract Code, to read: -10727. -(a) As used in this section: -(1) “Project” means a project for infrastructure subject to this chapter that is estimated to cost one million dollars ($1,000,000) or more. -(2) -“Energy-intensive product” -“Emissions-intensive product” -means a product that is produced by -a company -the following industry sectors, as -identified by the cap-and-trade program of the State Air Resources Board as -energy -emissions -intensive, trade -exposed. -exposed: -(A) Cement manufacturing. -(B) Flat glass manufacturing. -(C) Iron and steel mills. -(D) Rolled shape manufacturing. -(b) (1) On or before January 1, 2018, the trustees shall prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with -energy-intensive -emissions-intensive -products in projects within the jurisdiction of the trustees. The emissions total shall take into account the greenhouse gas emissions that are produced when the -energy-intensive -emissions-intensive -product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the -energy-intensive -emissions-intensive -product from the site of its manufacture to the project site. -(2) A report submitted pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code. -(3) The requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. -(c) As of January 1, 2018, the trustees shall incorporate the greenhouse gas emissions information described in subdivision (b) into California State University procurement processes, including bid specifications, to procure -energy-intensive -emissions-intensive -products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes.","The State Contract Act requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost. That act prohibits, except in specified circumstances, a state agency responsible for letting public works contracts from drafting bid specifications in a manner that limits the bidding to any one concern or product, except under certain circumstances. -Other existing law establishes specific requirements for competitive bidding for building and improvement projects by the Regents of the University of California, including the manner and type of specifications. -The California State University Contract Law governs contracting for building and improvement projects by the California State University and imposes specific competitive bidding requirements for the Trustees of the California State University, including the preparation of specifications for a project. -This bill would require an awarding department, on or before January 1, 2018, to prepare and submit to the Legislature and the Governor a report on the greenhouse gas emissions that are associated with -energy-intensive products -emissions-intensive products, as defined, -in projects within the jurisdiction of the department. The -bill would require the -emissions total -shall -to -take into account the greenhouse gas emissions that are produced when the -energy-intensive -emissions-intensive -product is manufactured or produced and the greenhouse gas emissions associated with the transportation of the -energy-intensive -emissions-intensive -product from the site of its manufacture to the project site. The bill would require the department, as of -January, 1 -January 1, -2018, to incorporate the greenhouse gas emissions information into its procurement processes, including bid specifications, to procure -energy-intensive -emissions-intensive -products with the lowest greenhouse gas emissions profile that meet standards imposed by a state agency for quality or safety purposes. -The bill would impose similar requirements on the Regents of the University of California and the Trustees of the California State University.","An act to add Sections 10130, 10503.5, and 10727 to the Public Contract Code, relating to public contracts." -1041,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 49475.5 is added to the Education Code, to read: -49475.5. -(a) The Neurocognitive Testing Pilot Grant Program is hereby established to provide grant funding to Title I schools for the purposes of neurocognitive testing. -(b) The Superintendent shall establish an application process for school districts to apply on behalf of Title I schools interested in participating in the pilot program. Grants shall be apportioned under the pilot program to a total of three school districts, which shall comprise one school district in each of the following regions of the state: southern, central, and northern. Each school district shall commit to participating in the pilot program for four school years in order to track pupils tested in grade 9 through completion of high school. Grant funding shall be used for the following: -(1) (A) Baseline and postinjury neurocognitive testing of pupils attending a Title I school serving any of grades 9 to 12, inclusive, participating in interscholastic athletics in any of the following sports: -(i) Baseball. -(ii) Basketball. -(iii) Cheerleading. -(iv) Field hockey. -(v) Football. -(vi) Ice hockey. -(vii) Lacrosse. -(viii) Rugby. -(ix) Soccer. -(x) Softball. -(xi) Volleyball. -(xii) Wrestling. -(B) The baseline and postinjury neurocognitive testing conducted pursuant to this subdivision shall take place at the beginning of an athletic season before any competitions have taken place and after any head injury, and baseline testing shall be repeated at intervals not exceeding 24 months for as long as the athlete is enrolled at the school, provided that the athlete is still participating in one or more of the 12 sports listed in subparagraph (A). The baseline and postinjury neurocognitive testing conducted pursuant to this subdivision shall be administered by individuals who have been trained to administer these tests. These individuals may include, but are not necessarily limited to, employees of a participating school district. -(2) Postinjury neurocognitive testing of an athlete who is suspected of sustaining a concussion or head injury in an interscholastic athletic activity. Postinjury neurocognitive tests shall be conducted within 72 hours of the occurrence of the injury. -(3) Training of personnel or to consult with experts on the interpretation of postinjury test results. The parent or guardian of each athlete participating in any of the sports listed in paragraph (1) shall also be notified, in writing, that the results of baseline and postinjury neurocognitive testing conducted on his or her child are available to the child’s parent or guardian upon request. These neurocognitive testing results may also be shared with the athlete’s physician upon the request of the athlete’s parent or guardian. -(4) Reporting to the county office of education data that includes an overview of the baseline neurocognitive testing conducted for each of the sports listed in paragraph (1), and an overview of normal, abnormal, and followup postinjury neurocognitive tests. The data shall also include the number of athletes who discontinue participation in the sport following a concussion and postinjury testing. -(c) For purposes of this section, “neurocognitive testing” means a comprehensive evaluation of a person’s cognitive status by specific neurologic domains, including, but not necessarily limited to, memory, attention, problem solving, language, visuospatial, processing speed, motor, and emotion. -(d) (1) The department shall, based on the data collected by the county offices of education located in the area of participating school districts, prepare a report including, but not necessarily limited to, all of the following information: -(A) The number of athletes who received the baseline tests. -(B) The number of athletes who received the postinjury tests. -(C) The number of athletes who had taken the tests and discontinued participation in any of the sports set forth in subdivision (b) due to concussion injuries. -(2) The report prepared pursuant to this subdivision shall be submitted to the appropriate policy committees of the Legislature on or before December 31, 2021, and shall comply with Section 9795 of the Government Code. -(e) This section is contingent upon the appropriation of funds for its purposes in the annual Budget Act or another statute. -(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SEC. 2. -Section 49475.6 is added to the Education Code, to read: -49475.6. -A school district, charter school, or private school that elects to offer an interscholastic athletic program shall collect and maintain data on traumatic brain injuries and concussions sustained by any of its pupils during an interscholastic athletic activity. This data shall be reported periodically to the appropriate county office of education, but the names of the injured pupils shall be kept confidential. The county office of education shall compile and retain the data for summary and analysis as it deems necessary. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law requires a school district, charter school, or private school, if it offers an athletic program, to immediately remove an athlete from an athletic activity for the remainder of the day if the athlete is suspected of sustaining a concussion or head injury, and prohibits the athlete from returning to the athletic activity until the athlete is evaluated by a licensed health care provider, trained in the management of concussions and acting within the scope of his or her practice, and the athlete receives written clearance from the licensed health care provider to return to the athletic activity. Existing law also requires, on a yearly basis, a concussion and head injury information sheet to be signed and returned by the athlete and athlete’s parent or guardian before the athlete initiates practice or competition. -This bill would establish the Neurocognitive Testing Pilot Grant Program to provide grant funding to Title I schools for the purposes of neurocognitive testing. The bill would require the Superintendent of Public Instruction to establish an application process for school districts to apply on behalf of Title I schools interested in participating in the pilot program. The bill would require grants under the pilot program to be apportioned to a total of 3 school districts, comprising one school district in each of the following regions of the state: southern, central, and northern. A participating school district would be required to commit to participating in the pilot program for 4 school years in order to track pupils tested in grade 9 through completion of high school. -The bill would require that grant funds would be used for baseline and postinjury neurocognitive testing, as defined, for pupils attending a Title I school serving any of grades 9 to 12, inclusive, who participate in interscholastic athletics in any of 12 designated sports. The bill would require this baseline and postinjury neurocognitive testing to take place at the beginning of an athletic season before any competitions have taken place and after any head injury, and would require that baseline neurocognitive testing be repeated at intervals not exceeding 24 months for as long as the athlete is enrolled at the school and participating in one or more of the 12 sports listed in the bill. The bill would require the baseline and postinjury neurocognitive testing conducted pursuant to the bill to be administered by individuals, including, but not necessarily limited to, employees of a participating school district, who have been trained to administer these tests. -The bill would also provide that grant funds could be used for training of personnel and consultation with experts, as specified. The bill would further provide that, under the pilot program, the parent or guardian of each athlete participating in any of the 12 interscholastic sports listed in the bill would be notified, in writing, that the results of baseline and postinjury neurocognitive testing conducted on his or her child are available to the child’s parent or guardian, or could be shared with the athlete’s physician, upon request. -The bill would also provide that grant funds could be used for reporting specified data relating to the baseline neurocognitive testing to the appropriate county office of education. The bill would require the State Department of Education to submit a report containing specified information to the appropriate policy committees of the Legislature on or before December 31, 2021. -These provisions would be contingent upon the appropriation of funds for their purposes in the annual Budget Act or another statute. -These provisions would be repealed on January 1, 2022. -(2) Existing law provides that, if a licensed health care provider determines that an athlete sustained a concussion or a head injury while engaging in an athletic activity, the athlete is required to complete a graduated return-to-play protocol of no less than 7 days in duration under the supervision of a licensed health care provider. -This bill would require a school district, charter school, or private school that offers an interscholastic athletic program to collect and maintain data on traumatic brain injuries and concussions sustained by any of its pupils during an interscholastic athletic activity. The bill would require that this data be reported periodically to the appropriate county office of education, and would require the county office of education to compile and retain the data for summary and analysis as it deems necessary. By imposing new duties on county offices of education, the bill would impose a state-mandated local program. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 49475.6 to, and to add and repeal Section 49475.5 of, the Education Code, relating to school athletics." -1042,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 647 of the Penal Code is amended to read: -647. -Except as provided in subdivision (l), -every -a -person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: -(a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view. -(b) Who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration. -(c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms. -(d) Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act. -(e) Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it. -(f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way. -(g) When a person has violated subdivision (f), a peace officer, if he or she is reasonably able to do so, shall place the person, or cause him or her to be placed, in civil protective custody. The person shall be taken to a facility, designated pursuant to Section 5170 of the Welfare and Institutions Code, for the 72-hour treatment and evaluation of inebriates. A peace officer may place a person in civil protective custody with that kind and degree of force -which -that -would be lawful were he or she effecting an arrest for a misdemeanor without a warrant. A person who has been placed in civil protective custody shall not thereafter be subject to any criminal prosecution or juvenile court proceeding based on the facts giving rise to this placement. This subdivision shall not apply to the following persons: -(1) Any person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug. -(2) Any person who a peace officer has probable cause to believe has committed any felony, or who has committed any misdemeanor in addition to subdivision (f). -(3) Any person who a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control. -(h) Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, “loiter” means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered. -(i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant. -(j) (1) Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, or mobile phone, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision shall not apply to those areas of a private business used to count currency or other negotiable instruments. -(2) Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy. -(3) (A) Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person. -(B) Neither of the following is a defense to the crime specified in this paragraph: -(i) The defendant was a cohabitant, landlord, tenant, cotenant, employer, employee, or business partner or associate of the victim, or an agent of any of these. -(ii) The victim was not in a state of full or partial undress. -(4) (A) Any person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. -(B) A person intentionally distributes an image described in subparagraph (A) when he or she personally distributes the image, or arranges, specifically requests, or intentionally causes another person to distribute that image. -(C) As used in this paragraph, “intimate body part” means any portion of the genitals, the anus and in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing. -(D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies: -(i) The distribution is made in the course of reporting an unlawful activity. -(ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding. -(iii) The distribution is made in the course of a lawful public proceeding. -(5) This subdivision shall not preclude punishment under any section of law providing for greater punishment. -(k) In any accusatory pleading charging a violation of subdivision (b), if the defendant has been once previously convicted of a violation of that subdivision, the previous conviction shall be charged in the accusatory pleading. If the previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 45 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 45 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 45 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 45 days in confinement in a county jail. -In any accusatory pleading charging a violation of subdivision (b), if the defendant has been previously convicted two or more times of a violation of that subdivision, each of these previous convictions shall be charged in the accusatory pleading. If two or more of these previous convictions are found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or are admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 90 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 90 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 90 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 90 days in confinement in a county jail. -In addition to any punishment prescribed by this section, a court may suspend, for not more than 30 days, the privilege of the person to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle Code for any violation of subdivision (b) that was committed within 1,000 feet of a private residence and with the use of a vehicle. In lieu of the suspension, the court may order a person’s privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the person’s place of employment or education. If driving a motor vehicle is necessary to perform the duties of the person’s employment, the court may also allow the person to drive in that person’s scope of employment. -(l) (1) A second or subsequent violation of subdivision (j) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment. -(2) If the victim of a violation of subdivision (j) was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment. -(m) (1) If a crime is committed in violation of subdivision (b) and the person who was solicited was a minor at the time of the offense, and if the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for not less than two days and not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. -(2) The court may, in unusual cases, when the interests of justice are best served, reduce or eliminate the mandatory two days of imprisonment in a county jail required by this subdivision. If the court reduces or eliminates the mandatory two days’ imprisonment, the court shall specify the reason on the record.","Existing law makes it a misdemeanor to commit certain acts of disorderly conduct, relating to, among other things, prostitution, loitering, obstruction of the free use of a public way as a result of being under the influence of certain substances, and invasion of privacy by means of an instrumentality, as specified. -This bill would make technical, nonsubstantive changes to some of those provisions.","An act to amend Section 647 of the Penal Code, relating to disorderly conduct." -1043,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 836 of the Penal Code is amended to read: -836. -(a) A peace officer may arrest a person in obedience to a -warrant, -warrant -or, pursuant to the authority granted to him or her by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, without a -warrant, may arrest a person -warrant -whenever any of the following circumstances occur: -(1) The officer has probable cause to believe that the person to be arrested has committed a public offense in the officer’s presence. -(2) The person arrested has committed a felony, although not in the officer’s presence. -(3) The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed. -(b) Any time a peace officer is called out on a domestic violence call, it shall be mandatory that the officer make a good faith effort to inform the victim of his or her right to make a citizen’s arrest, unless the peace officer makes an arrest for a violation of paragraph (1) of subdivision (e) of Section 243 or 273.5. This information shall include advising the victim how to safely execute the arrest. -(c) (1) When a peace officer is responding to a call alleging a violation of a domestic violence protective or restraining order issued under Section 527.6 of the Code of Civil Procedure, the Family Code, Section 136.2, 646.91, or paragraph (2) of subdivision (a) of Section 1203.097 of this code, Section 213.5 or 15657.03 of the Welfare and Institutions Code, or of a domestic violence protective or restraining order issued by the court of another state, tribe, or territory and the peace officer has probable cause to believe that the person against whom the order is issued has notice of the order and has committed an act in violation of the order, the officer shall, consistent with subdivision (b) of Section 13701, make a lawful arrest of the person without a warrant and take that person into custody whether or not the violation occurred in the presence of the arresting officer. The officer shall, as soon as possible after the arrest, confirm with the appropriate authorities or the Domestic Violence Protection Order Registry maintained pursuant to Section 6380 of the Family Code that a true copy of the protective order has been registered, unless the victim provides the officer with a copy of the protective order. -(2) The person against whom a protective order has been issued shall be deemed to have notice of the order if the victim presents to the officer proof of service of the order, the officer confirms with the appropriate authorities that a true copy of the proof of service is on file, or the person against whom the protective order was issued was present at the protective order hearing or was informed by a peace officer of the contents of the protective order. -(3) In situations where mutual protective orders have been issued under Division 10 (commencing with Section 6200) of the Family Code, liability for arrest under this subdivision applies only to those persons who are reasonably believed to have been the dominant aggressor. In those situations, prior to making an arrest under this subdivision, the peace officer shall make reasonable efforts to identify, and may arrest, the dominant aggressor involved in the incident. The dominant aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the dominant aggressor, an officer shall consider (A) the intent of the law to protect victims of domestic violence from continuing abuse, (B) the threats creating fear of physical injury, (C) the history of domestic violence between the persons involved, and (D) whether either person involved acted in self-defense. -(d) Notwithstanding paragraph (1) of subdivision (a), if a suspect commits an assault or battery upon a current or former spouse, fiancé, fiancée, a current or former cohabitant as defined in Section 6209 of the Family Code, a person with whom the suspect currently is having or has previously had an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243, a person with whom the suspect has parented a child, or is presumed to have parented a child pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code), a child of the suspect, a child whose parentage by the suspect is the subject of an action under the Uniform Parentage Act, a child of a person in one of the above categories, any other person related to the suspect by consanguinity or affinity within the second degree, or any person who is 65 years of age or older and who is related to the suspect by blood or legal guardianship, a peace officer may arrest the suspect without a warrant -where -when -both of the following circumstances apply: -(1) The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed. -(2) The peace officer makes the arrest as soon as probable cause arises to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed. -(e) In addition to the authority to make an arrest without a warrant pursuant to paragraphs (1) and (3) of subdivision (a), a peace officer may, without a warrant, arrest a person for a violation of Section 25400 when all of the following apply: -(1) The officer has reasonable cause to believe that the person to be arrested has committed the violation of Section 25400. -(2) The violation of Section 25400 occurred within an airport, as defined in Section 21013 of the Public Utilities Code, in an area to which access is controlled by the inspection of persons and property. -(3) The peace officer makes the arrest as soon as reasonable cause arises to believe that the person to be arrested has committed the violation of Section 25400. -(f) In addition to the authority to make an arrest without a warrant pursuant to subdivision (a), a peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person to be arrested has violated subdivision (m) of Section 647, even if that violation was not in the presence of the officer. -SECTION 1. -Section 15030 is added to the -Government Code -, to read: -15030. -(a)On or before January 1, 2018, the Department of Justice shall expand its shared gang database, as defined in Section 186.34 of the Penal Code, in order to provide accurate, timely, and electronically generated data of statewide human trafficking intelligence information. The purpose of this expansion shall be to allow law enforcement agencies in California to collaborate in reducing the incidence of human trafficking. -(b)The department may promulgate regulations to implement this section. -(c)For purposes of this section, “human trafficking” has the same meaning as defined in Section 236.1 of the Penal Code.","Existing law authorizes a peace officer to arrest a person without a warrant if the officer has probable cause to believe that the person has committed a public offense in the officer’s presence or if the officer has probable cause to believe that the person has committed a felony. -This bill would authorize a peace officer to arrest a person without a warrant if the officer has probable cause to believe that the person has committed the misdemeanor offense of soliciting a minor for prostitution. -Existing law requires the Department of Justice to seek to control and eradicate organized crime by, among other things, gathering, analyzing, and storing intelligence related to organized crime and providing this intelligence to local, state, and federal law enforcement units. Existing law also requires, prior to a local law enforcement agency designating, or submitting a document to the Attorney General’s office for the purpose of designating, a person as a gang member, associate, or affiliate in a shared gang database, as defined, the local law enforcement agency to provide written notice to the person and his or her parent or guardian of the designation and the basis for the designation if the person is under 18 years of age, except as specified. Existing law authorizes the person or his or her parent or guardian to submit written documentation contesting that designation and requires the local law enforcement agency to provide written verification of its decision within 60 days. -This bill would require the department, on or before January 1, 2018, to expand its shared gang database, as defined in the provision described above, in order to provide accurate, timely, and electronically generated data of statewide human trafficking intelligence information. The bill would specify that the purpose of that expansion is to allow law enforcement agencies in California to collaborate in reducing the incidence of human trafficking. The bill would authorize the department to promulgate regulations to implement its provisions.","An act to -add Section 15030 to the Government Code, relating to human trafficking. -amend Section 836 of the Penal Code, relating to crimes." -1044,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4927.5 of the Business and Professions Code, as added by Section 2 of Chapter 397 of the Statutes of 2014, is amended to read: -4927.5. -(a) For purposes of this chapter, “approved educational and training program” means a school or college offering education and training in the practice of an acupuncturist that meets all of the following requirements: -(1) Offers curriculum that includes at least 3,000 hours of which at least 2,050 hours are didactic and laboratory training, and at least 950 hours are supervised clinical instruction. Has submitted that curriculum to the board, and has received board approval of the curriculum. Any school or college offering education and training in the practice of acupuncture that was approved by the board prior to January 1, 2017, has not had its approval revoked, and has not changed its curriculum since receiving board approval, is deemed to have had its curriculum approved by the board for the purposes of this section. -(2) Has received full institutional approval under Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code in the field of traditional Asian medicine, or in the case of institutions located outside of this state, approval by the appropriate governmental educational authority using standards equivalent to those of Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code. -(3) Meets any of the following: -(A) Is accredited by the Accreditation Commission for Acupuncture and Oriental Medicine. -(B) Has been granted candidacy status by the Accreditation Commission for Acupuncture and Oriental Medicine. -(C) Has submitted a letter of intent to pursue accreditation to the Accreditation Commission for Acupuncture and Oriental Medicine within 30 days of receiving full institutional approval pursuant to paragraph (2), and is granted candidacy status within three years of the date that letter was submitted. -(b) Within 30 days after receiving curriculum pursuant to paragraph (1), the board shall review the curriculum, determine whether the curriculum satisfies the requirements established by the board, and notify the school or college, the Accreditation Commission for Acupuncture and Oriental Medicine, and Bureau of Private and Postsecondary Education of whether the board has approved the curriculum. -(c) This section shall become operative on January 1, 2017. -SEC. 2. -Section 4928 of the Business and Professions Code is amended to read: -4928. -(a) The Acupuncture Board, which consists of seven members, shall enforce and administer this chapter. -(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed. -(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. -SEC. 3. -Section 4934 of the Business and Professions Code is amended to read: -4934. -(a) The board, by and with the approval of the director, may appoint an executive officer who is exempt from the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). -(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed. -SEC. 4. -Section 4938 of the Business and Professions Code is amended to read: -4938. -(a) The board shall issue a license to practice acupuncture to any person who makes an application and meets the following requirements: -(1) Is at least 18 years of age. -(2) Furnishes satisfactory evidence of completion of one of the following: -(A) (i) An approved educational and training program. -(ii) If an applicant began his or her educational and training program at a school or college that submitted a letter of intent to pursue accreditation to, or attained candidacy status from, the Accreditation Commission for Acupuncture and Oriental Medicine, but the commission subsequently denied the school or college candidacy status or accreditation, respectively, the board may review and evaluate the educational training and clinical experience to determine whether to waive the requirements set forth in this subdivision with respect to that applicant. -(B) Satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board. -(C) In the case of an applicant who has completed education and training outside the United States, documented educational training and clinical experience that meets the standards established pursuant to Sections 4939 and 4941. -(3) Passes a written examination administered by the board that tests the applicant’s ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Professional Examination Services of the Department of Consumer Affairs. -(4) Is not subject to denial pursuant to Division 1.5 (commencing with Section 475). -(5) Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. The length of the clinical internship shall depend upon the grades received in the examination and the clinical training already satisfactorily completed by the individual prior to taking the examination. On and after January 1, 1987, individuals with 800 or more hours of documented clinical training shall be deemed to have met this requirement. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence. -(b) Each applicant who qualifies for a license shall pay, as a condition precedent to its issuance and in addition to other fees required, the initial licensure fee. -SEC. 5. -Section 4939 of the Business and Professions Code, as amended by Section 37 of Chapter 426 of the Statutes of 2015, is repealed. -SEC. 6. -Section 4939 is added to the Business and Professions Code, to read: -4939. -(a) For purposes of this chapter, “approved credential evaluation service” means an agency or organization that is approved by the board to evaluate education completed outside the United States and identify the equivalency of that education to education completed within the United States. -(b) If an applicant completes education outside of the United States, the applicant shall do both of the following: -(1) Submit documentation of his or her education to a board-approved credential evaluation service for evaluation. -(2) Have the results of the evaluation sent directly from the credential evaluation service to the board. -(c) If the board receives the results of an applicant’s evaluation pursuant to subdivision (b), the board shall examine the results and determine whether the applicant meets requirements for licensure. If the evaluated education is not sufficient to meet the requirements for licensure, the board may offer the applicant additional education, training, or standardized testing to satisfy the educational requirements. The board shall not require the applicant to complete education, training, or testing that is not otherwise required of applicants who complete education or training within the United States. -(d) The board shall establish, by regulation, an application process, criteria, and procedures for approval of credential evaluation services. The regulations shall, at a minimum, require the credential evaluation service to meet all of the following requirements: -(1) Furnish evaluations written in English directly to the board. -(2) Be a member of a nationally recognized foreign credential evaluation association, such as, but not limited to, the American Association of Collegiate Registrars and Admissions Officers or the National Association of Credential Evaluation Services. -(3) Undergo reevaluation by the board every five years. -(4) Certify to the board that the credential evaluation service maintains a complete set of reference materials as determined by the board. -(5) Base evaluations only upon verified authentic, official transcripts, and degrees. -(6) Have a written procedure for identifying fraudulent transcripts. -(7) Include in an evaluation report submitted to the board the specific method or methods of authentication for the transcripts, certification, degrees, and other education evaluated for the purposes of the report. -(8) Include in the evaluation report, for each degree held by the applicant, the equivalent degree offered in the United States, the date the degree was granted, the institution granting the degree, an English translation of the course titles, and the semester unit equivalence for each course. -(9) Have an appeal procedure for applicants. -(10) Provide information concerning the credential evaluation service to the board that includes, but is not limited to, resumes or curriculum vitae for each evaluator and translator, which includes biographical information, three letters of references from public or private agencies, statistical information on the number of applications processed annually for the past five years, and any other information the board may require to determine whether the credential evaluation service meets the standards under this subdivision and the board’s regulations. -(11) Provide to the board all information required by the board, including, but not limited to, the following: -(A) Its credential evaluation policy. -(B) A complete list of terminology and evaluation terms used in producing its credential evaluations. -(C) A detailed description of the specific methods utilized for credential authentication. -SEC. 7. -Section 4974 of the Business and Professions Code is amended to read: -4974. -The board shall report to the Controller at the beginning of each month for the month preceding the amount and source of all revenue received by it pursuant to this chapter, and shall pay the entire amount thereof to the Treasurer for deposit in the Acupuncture Fund, which fund is created to carry out the provisions of this chapter, upon appropriation by the Legislature.","Existing law, the Acupuncture Licensure Act, provides for the licensure and regulation of the practice of acupuncture by the Acupuncture Board, within the Department of Consumer Affairs. Existing law authorizes the board, with the approval of the Director of Consumer Affairs, to appoint an executive officer who is exempt from civil service. Existing law repeals the provisions establishing the board and authority for it to appoint an executive officer on January 1, 2017. -The bill would extend the operation of the board and the board’s authority to appoint an executive officer until January 1, 2019. -Existing law requires, among other things, the completion of an approved educational and training program in order to be issued a license to practice acupuncture. For purposes of the act, beginning January 1, 2017, existing law defines “approved educational and training program” as a school or college offering education and training in the practice of an acupuncturist who meets various requirements, including offering curriculum that includes specified hours of didactic and laboratory training and supervised clinical instruction. Existing law requires these programs to submit that curriculum to the board and to receive board approval of the curriculum. -This bill would provide that any school or college offering education and training in the practice of acupuncture that was approved by the board prior to January 1, 2017, is deemed to have had its curriculum approved by the board if its approval has not been revoked and it has not changed its curriculum since receiving board approval. -Beginning January 1, 2017, existing law requires the board to establish standards for the approval of educational training and clinical experience received outside the United States. -This bill would repeal that board requirement. The bill would instead require an applicant completing education outside of the United States to submit documentation of his or her education to a board approved credential evaluation service for evaluation and to have the results of the evaluation sent directly from the credential evaluation service to the board. The bill would require the board to examine the received results to determine if an applicant meets requirements for licensure and, if the evaluated education is not sufficient, would authorize the board to offer the applicant additional education, training, or testing, as specified. The bill would require the board to establish, by regulation, an application process, criteria, and procedures for approval of a credential evaluation service. The bill would require the regulations to, at a minimum, require the credential evaluation service to meet specified requirements. The bill would define, for these purposes, an “approved credential evaluation service” as an agency or organization that is approved by the board to evaluate education completed outside the United States and identify the equivalency of that education to education completed within the United States. The bill would also make nonsubstantive changes.","An act to amend Sections 4927.5, 4928, 4934, 4938, and 4974 of, and to repeal and add Section 4939 of, the Business and Professions Code, relating to healing arts." -1045,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1253.3 of the Unemployment Insurance Code is amended to read: -1253.3. -(a) Notwithstanding any other provision of this division, unemployment compensation benefits, extended duration benefits, and federal-state extended benefits are payable on the basis of service to which Section 3309(a)(1) of the Internal Revenue Code applies, in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject to this division, except as provided by this section. -(b) Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of a public entity, as defined by Section 605, with respect to service in an instructional, research, or principal administrative capacity for an educational institution are not payable to any individual with respect to any week which begins during the period between two successive academic years or terms or, when an agreement provides instead for a similar period between two regular but not successive terms, during that period, or during a period of paid sabbatical leave provided for in the individual’s contract, if the individual performs services in the first of the academic years or terms and if there is a contract or a reasonable assurance that the individual will perform services for any educational institution in the second of the academic years or terms. -(c) (1) Except as provided in paragraph (2), benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of a public entity, as defined by Section 605, with respect to service in any other capacity than specified in subdivision (b) for an educational institution shall not be payable to any individual with respect to any week which commences during a period between two successive academic years or terms if the individual performs the service in the first of the academic years or terms and there is a reasonable assurance that the individual will perform the service in the second of the academic years or terms. However, if the individual was not offered an opportunity to perform the services for an educational institution for the second of the academic years or terms, the individual shall be entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subdivision. Retroactive benefits shall be claimed in accordance with the department’s procedures which shall specify that except where the individual was entitled to benefits based on services performed for other than an educational institution, an individual who has a reasonable assurance of reemployment may satisfy the search for work requirement of subdivision (e) of Section 1253, by registering for work pursuant to subdivision (b) of Section 1253 during the period between the first and second academic terms or years. A claim for retroactive benefits may be made no later than 30 days following the commencement of the second academic year or term. -(2) Benefits specified by subdivision (a) are authorized for an employee of a public school, as defined in Section 22161 of the Education Code, for the period between two successive academic years or terms, as described in paragraph (1), as follows: -(A) Two weeks of benefits during 2017, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act. -(B) Four weeks of benefits during 2018, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act. -(C) Six weeks of benefits during 2019, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act. -(D) Eight weeks of benefits during 2020, and each year thereafter, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act. -(d) Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, with respect to services specified by subdivision (b) or (c), are not payable to any individual with respect to any week that commences during an established and customary vacation period or holiday recess if the individual performs the specified services in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess. -(e) With respect to any services specified by subdivision (b) or (c), compensation payable on the basis of services in that capacity may be denied as specified in subdivision (b), (c), or (d) to any individual who performed the services in an educational institution while in the employ of an educational service agency, and for this purpose the term “educational service agency” is defined as a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing the services to one or more educational institutions. -(f) Benefits specified by subdivision (a) based on service performed in the employ of a nonprofit organization, or of any entity as defined by Section 605, are not payable during the periods of time, and subject to the same conditions, contained in subdivisions (b), (c), (d), and (h), if the services are provided to, or on behalf of, an educational institution. -(g) For purposes of this section, “reasonable assurance” includes, but is not limited to, an offer of employment or assignment made by the educational institution, provided that the offer or assignment is not contingent on enrollment, funding, or program changes. An individual who has been notified that he or she will be replaced and does not have an offer of employment or assignment to perform services for an educational institution is not considered to have reasonable assurance. -(h) For purposes of this section, if the time for service performed during the period of and pursuant to any contract for any academic year or term by an individual for any employing unit as specified in subdivision (b) or (c) constitutes one-half or more of the time in total service performed for the employing unit by the individual during that same period for remuneration, all the services of the individual for the employing unit for that period shall be deemed subject to the benefit payment restriction provisions of this section. -(i) Any entity as defined by Section 605, with respect to any individual performing a service in any other capacity other than specified in subdivision (b) for an educational institution, shall provide a written statement indicating the following to the individual no later than 30 days before the end of the first of the academic years or terms: -(1) Whether or not there is a reasonable assurance of reemployment. -(2) Whether or not it is stated that the individual has no reasonable assurance of reemployment, that the individual should file a claim for benefits at the close of the academic year or term. -(3) If it is stated that the individual has reasonable assurance of reemployment, the written statement shall also inform the employee that he or she may file a claim for benefits and that the determination for eligibility for benefits is made by the Employment Development Department and not by the employer. -(4) If it is stated that the individual has reasonable assurance of reemployment, that the individual shall be entitled to a retroactive payment of benefits if the individual is not offered an opportunity to perform the services for the educational institution for the second of the academic years or terms, if the individual is otherwise eligible and he or she filed a claim for each week benefits are claimed, and if a claim for retroactive benefits is made no later than 30 days following the commencement of the second academic year or term.","Existing law provides for the payment of unemployment compensation benefits and extended duration benefits to eligible persons who meet specified requirements. Existing law prohibits the payment of unemployment benefits to educational institution employees of a public entity, as defined, including teachers, researchers, and administrators for the period between 2 academic years when there is a reasonable assurance that the employee will perform his or her regular services in the subsequent academic year, except as specified. Existing law similarly prohibits the payment of unemployment benefits to specified educational institution employees of a public entity other than teachers, researchers, or administrators between 2 academic years, except as specified, but provides a procedure for this 2nd category of educational employees, under certain conditions, to seek payment of retroactive unemployment benefits for the period between 2 academic years. Existing law requires specified notice regarding reasonable assurance of employment in the following academic term be sent to employees before the end of the current academic term. -This bill would delete the prohibition on the payment of unemployment benefits to education employees of a public school, other than teachers, researchers, and administrators, as specified, between 2 academic years. The bill would phase in up to 8 weeks of benefits available to those specified employees over a 4-year timeframe contingent on funds being appropriated for that purpose in the annual Budget Act. -Because this bill would expand the categories of people who could receive benefits from the Unemployment Fund, a continuously appropriated fund, it would make an appropriation.","An act to amend Section 1253.3 of the Unemployment Insurance Code, relating to unemployment insurance, and making an appropriation therefor." -1046,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 261.5 of the Penal Code is amended to read: -261.5. -(a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a “minor” is a person under 18 years of age and an “adult” is a person who is at least 18 years of age. -(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor. -(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. -(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. -(e) Notwithstanding any other provision of this section, a person who is guilty of a felony pursuant to subdivision (d) who holds a position of authority over the minor with whom he or she has engaged in an act of unlawful sexual intercourse, shall be punished by an additional term of imprisonment -in a county jail -for two years. -(1) For purposes of this subdivision, a person is in a “position of authority” if he or she, by reason of that position, is able to exercise undue influence over a minor. A “position of authority” includes, but is not limited to, a stepparent, foster parent, partner of the parent, caretaker, youth leader, recreational director, athletic manager, coach, teacher, counselor, therapist, religious leader, doctor, or employer of one of those aforementioned persons. -(2) For purposes of this subdivision, “undue influence” includes, but is not limited to, the use of affection, intimidation, coercion, or deceit, the taking, withholding, or bestowing of a reward or benefit, or the promise or threat to take, withhold, or bestow a benefit or reward. -(f) (1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts: -(A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars ($2,000). -(B) An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty not to exceed five thousand dollars ($5,000). -(C) An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty not to exceed ten thousand dollars ($10,000). -(D) An adult over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000). -(2) The district attorney may bring actions to recover civil penalties pursuant to this subdivision. From the amounts collected for each case, an amount equal to the costs of pursuing the action shall be deposited with the treasurer of the county in which the judgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventing underage pregnancy upon appropriation by the Legislature. -(3) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates this section with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. -SEC. 2. -Section 287 is added to the Penal Code, to read: -287. -(a) A person who is guilty of a felony violation of paragraph (2) of subdivision (b) of Section 286, paragraph (1) of subdivision (c) of Section 288, paragraph (2) of subdivision (b) of Section 288a, or subdivision (i) of Section 289, and who holds a position of authority over the minor victim, shall be punished by an additional term of imprisonment for two years. -(b) For purposes of this section, a person is in a “position of authority” if he or she, by reason of that position, is able to exercise undue influence over a minor. A “position of authority” includes, but is not limited to, a stepparent, foster parent, partner of the parent, youth leader, recreational director, athletic manager, coach, teacher, counselor, therapist, religious leader, doctor, employer, or employee of one of those aforementioned persons. -(c) For purposes of this section, “undue influence” includes, but is not limited to, the use of affection, intimidation, coercion, or deceit, the taking, withholding, or bestowing of a reward or benefit, or the promise or threat to take, withhold, or bestow a benefit or reward. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law provides various circumstances that constitute rape, which are punishable by imprisonment in the state prison for 3, 6, or 8 years, except as specified. -Existing law also prescribes circumstances that constitute unlawful sexual intercourse, some of which involve an adult perpetrator who engages in that unlawful intercourse with a minor, as specified. Unlawful sexual intercourse under those circumstances is punishable by imprisonment for 2, 3, or 4 years, and also may be subject to designated civil penalties or fines. Under existing law, any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to a specified provision of law for 2, 3, or 4 years. -This bill would subject any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age and is convicted of a felony to a sentence enhancement of 2 years, if the perpetrator holds a position of authority over the minor with whom he or she engaged in the act of unlawful sexual intercourse. By changing the penalty for the commission of unlawful sexual intercourse under the above circumstances, the bill would impose a state-mandated local program. -(2) Existing law makes it a crime for a person to engage in specified acts of a sexual nature with a minor, including lewd and lascivious conduct when the victim is a child of 14 or 15 years of age and the person is at least 10 years older, and sodomy, oral copulation, or sexual penetration of a minor under 16 years of age when the person is 21 years of age or older. -This bill would impose an additional term of 2 years when a person who is convicted of a felony violation of the above crimes is a person who holds a position of authority, as defined, over the minor victim. By increasing the penalty for a crime, the bill would impose a state-mandated local program. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 261.5 of, and to add Section 287 to, the Penal Code, relating to sexual offenses." -1047,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature that this act establish a Department of Customer Service, headed by a Director of Customer Service, that develops and implements strategies to improve the customer service experience, in various capacities, throughout the Government Operations Agency and state government. -SEC. 2. -Chapter 11 (commencing with Section 11999) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: -CHAPTER 11. Department of Customer Service -Article 1. Department of Customer Service -11999. -(a) There is in state government, within the Government Operations Agency, the Department of Customer Service. -(b) The Director of Customer Service shall serve as the head of the Department of Customer Service and shall be appointed by, and serve at the pleasure of, the Governor. -11999.5. -For purposes of this chapter, the following terms shall have the following meanings: -(a) “Agency” means the Government Operations Agency. -(b) “Department” means the Department of Customer Service. -(c) “Director” means the Director of Customer Service. -11999.10. -The director shall engage the agency to promote an understanding of customer service and ensure the agency is making administrative decisions that serve customer needs. -11999.15. -The director shall do all of the following: -(a) Advise the Governor on the strategic development and management of state customer service programs. -(b) Develop and manage a customer service program within the agency that captures both annual and transactional feedback in a unified and standardized platform to improve an understanding of customer service and allows the agency to take action on that data. -(c) Develop and implement the ideal customer experience for new and existing products and services provided by the agency. -(d) Develop and manage an employee program within the agency to capture and analyze employee feedback regarding customer service that fosters employee retention, recruitment, engagement, and productivity. -(e) Utilize both qualitative and quantitative customer feedback to identify best customer service practices for the agency. -(f) Develop a mechanism to give customers of the agency the opportunity to provide real-time feedback through the Internet, telephone, and in-person communication. -(g) Create a strong, customer-centric culture complete with accountability and ownership at all levels of the agency. -(h) Establish performance management and improvement processes to ensure state customer service and state customer service systems are efficient and effective. -(i) Consult with the Director of Technology, the Director of General Services, and the Director of Finance to establish customer service goals for state information technology. -(j) Develop and manage a strategy to improve the delivery of a positive customer service experience across information technology, human resources, and procurement functions of the agency. -(k) Improve organizational capacity in the effective management of customer service initiatives within the agency. -(l) Consult with the Secretary of Government Operations and the heads of entities within the agency to ensure the integration of customer service initiatives and compliance with information technology policies and standards for the effective management of information technology services within the agency. -11999.20 -The director shall supervise and manage the Office of Digital Services. -11999.25. -(a) On or before January 1, 2018, and annually thereafter, the director shall transmit a written report to the Director of Finance, in the manner directed by the Director of Finance, the cost savings achieved through improvements to customer service within the agency that were implemented by the department. -(b) Within 30 days of reporting to the Director of Finance as required by subdivision (a), the department shall transmit a copy of the report to the Joint Legislative Budget Committee, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Appropriations, and the Assembly Committee on Budget, or any successor committee. -11999.30. -The director, in consultation with the Director of Technology, shall produce an annual customer service strategic plan that shall guide state agencies and departments. State agencies shall cooperate with the development of this plan. -11999.35. -(a) The director shall annually prepare a written report on the customer service performance of the agency that includes, but is not limited to, an assessment on the progress of the agency on all of the following: -(1) Delivering improved customer service. -(2) Reducing and avoiding costs and risks associated with the acquisition, development, implementation, management, and operation of information technology assets. -(3) Enhancing the security, reliability, and quality of information technology networks, services, and systems. -(4) Improving the information technology procurement process. -(b) The director shall post the report required by subdivision (a) on the Internet Web site of the department. -11999.40. -All state entities shall reasonably cooperate with the requests of the director that relate to the duties of the director and the department.","Existing law establishes in state government the Government Operations Agency, headed by the Secretary of Government Operations. The secretary is required to review the operations and evaluate the performance of each department, office, or other unit within the agency and seek to continually improve, among other things, the operating policies and the management of information systems of those entities within the agency. The agency includes, among other state government entities, the Department of General Services and the Department of Technology. -This bill would establish, within the Government Operations Agency, the Department of Customer Service to be headed by a Director of Customer Service, who would be appointed by, and serve at the pleasure of, the Governor. The bill would require the director to engage the agency to promote an understanding of customer service and ensure the agency is making administrative decisions that serve customer needs. The bill would further require the director to, among other things, advise the Governor on the strategic development and management of state customer service programs, and consult with the Director of Technology, the Director of General Services, and the Director of Finance to establish customer service goals for state information technology. The bill would specifically require the director to annually report to the Director of Finance and specific committees of the Legislature regarding the cost savings achieved through improvements to customer service within the Government Operations Agency that were implemented by the department, and would further require the director to annually report on the customer service performance of the agency. The bill would require all state entities to reasonably cooperate with the requests of the director that relate to the duties of the director and the department. The bill would make related legislative findings.","An act to add Chapter 11 (commencing with Section 11999) to Part 1 of Division 3 of Title 2 of the Government Code, relating to state government." -1048,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California imports 91 percent of its natural gas, which is responsible for 25 percent of the state’s emissions of greenhouse gases. -(b) California made a commitment to address climate change with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and the adoption of a comprehensive strategy to reduce emissions of short-lived climate pollutants (Chapter 4.2 (commencing with Section 39730) of Part 2 of Division 26 of the Health and Safety Code). For California to meet its goals for reducing emissions of greenhouse gases and short-lived climate pollutants, the state must reduce emissions from the natural gas sector and increase the production and distribution of renewable and low-carbon gas supplies. -(c) Biomethane is gas generated from organic waste through anaerobic digestion, gasification, pyrolysis, or other conversion technology that converts organic matter to gas. Biomethane may be produced from multiple sources, including agricultural waste, forest waste, landfill gas, wastewater treatment byproducts, and diverted organic waste. -(d) Biomethane provides a sustainable and clean alternative to natural gas. If 10 percent of California’s natural gas use were to be replaced with biomethane use, emissions of greenhouse gases would be reduced by tens of millions of metric tons of carbon dioxide equivalent every year. -(e) Investing in biomethane would create cobenefits, including flexible generation of electricity from a renewable source that is available 24 hours a day, reduction of fossil fuel use, reduction of air and water pollution, and new jobs. -(f) Biomethane can also be used as transportation fuel or injected into natural gas pipelines for other uses. The most appropriate use of biomethane varies depending on the source, proximity to existing natural gas pipeline injection points or large vehicle fleets, and the circumstances of existing facilities. -(g) The biomethane market has been slow to develop in California because the collection, purification, and pipeline injection of biomethane can be costly. -(h) Biomethane is poised to play a key role in future natural gas and hydrogen fuel markets as a blendstock that can significantly reduce the carbon footprint of these two fossil-based alternative fuels. -(i) Biomethane is one of the most promising alternative vehicle fuels because it generates the least net emissions of greenhouse gases. According to the low-carbon fuel standard regulations (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations) adopted by the State Air Resources Board, vehicles running on biomethane generate significantly lower emissions of greenhouse gases than vehicles running on electricity or fossil fuel-derived hydrogen. -(j) The California Council on Science and Technology was established by California academic research institutions, including the University of California, the University of Southern California, the California Institute of Technology, Stanford University, and the California State University, and was organized as a nonprofit corporation pursuant to Section 501(c)(3) of the Internal Revenue Code, in response to Assembly Concurrent Resolution No. 162 (Resolution Chapter 148 of the Statutes of 1988). -(k) The California Council on Science and Technology was uniquely established at the request of the Legislature for the specific purpose of offering expert advice to state government on public policy issues significantly related to science and technology. -(l) It is in the public’s interests, and in the interest of ratepayers of the state’s gas corporations, that the policies and programs adopted by the Public Utilities Commission be guided by the best science reasonably available. -SEC. 2. -Section 39734 is added to the Health and Safety Code, to read: -39734. -(a) For purposes of this section, “biogas” has the same meaning as in Section 25420. -(b) To meet the state’s renewable energy, low-carbon fuel, and waste diversion goals, the state board, in coordination with the Public Utilities -Commission and State Energy Resources and Conservation Development -Commission, shall -consider and, as appropriate, -adopt -a policy -policies or programs -that -is -are -consistent with existing state policies and programs to increase the production and use of renewable gas, including biogas, generated by either of the following: -(1) An eligible renewable energy resource that meets the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). -(2) Direct solar energy. -(c) In adopting the policy described in subdivision (b), the state board shall ensure that eligible renewable gas provides direct benefits to the state’s environment by reducing or avoiding all of the following: -(1) Emissions of criteria pollutants. -(2) Emissions that adversely affect the waters of the state. -(3) Nuisances associated with the emission of odors. -SEC. 3. -Section 784.1 is added to the -Public Utilities Code -, to read: -784.1. -(a)The Legislature requests that the California Council on Science and Technology undertake and complete a study analyzing the regional and gas corporation specific issues relating to minimum heating value and maximum siloxane specifications for biomethane before it can be injected into common carrier gas pipelines, including those specifications adopted in Sections 4.4.3.3 and 4.4.4 of commission Decision 14-01-034 (January 16, 2014), Decision Regarding the Biomethane Implementation Tasks in Assembly Bill 1900. The study shall consider and evaluate other states’ standards, the source of biomethane, the dilution of biomethane after it is injected into the pipeline, the equipment and technology upgrades required to meet the minimum heating value specifications, including the impacts of those specifications on the cost, volume of biomethane sold, equipment operation, and safety. The study shall also consider whether different sources of biogas should have different standards or if all sources should adhere to one standard for the minimum heating value and maximum permissible level of siloxanes. The study shall develop the best science reasonably available and not merely be a literature review. In order to meet the state’s goals for reducing emissions of greenhouse gases and short-lived climate pollutants and the state’s goals for promoting the use of renewable energy resources in place of burning fossil fuels, the California Council on Science and Technology, if it agrees to undertake and complete the study, shall complete the study within nine months of entering into a contract to undertake and complete the study. -(b)(1)If the California Council on Science and Technology agrees to undertake and complete the study pursuant to subdivision (a), the commission shall require each gas corporation operating common carrier pipelines in California to proportionately contribute to the expenses to undertake the study pursuant to Sections 740 and 740.1. The commission may modify the monetary incentives made available pursuant to commission Decision 15-06-029 (June 11, 2015), Decision Regarding the Costs of Compliance with Decision 14-01-034 and Adoption of Biomethane Promotion Policies and Program, to allocate some of the moneys that would be made available for incentives to instead be made available to pay for the costs of the study so as to not further burden ratepayers with additional expense. -(2)The commission’s authority pursuant to paragraph (1) shall apply notwithstanding whether the gas corporation has proposed the program pursuant to Section 740.1. -(c)If the California Council on Science and Technology agrees to undertake and complete the study pursuant to subdivision (a), within six months of its completion, the commission shall reevaluate its requirements and standards adopted pursuant to Section 25421 of the Health and Safety Code relative to the requirements and standards for biomethane to be injected into common carrier pipelines and, if appropriate, change those requirements and standards or adopt new requirements and standards, giving due deference to the conclusions and recommendations made in the study by the California Council on Science and Technology. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1)The -The -California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this program. The act requires the state board to adopt a statewide greenhouse gas emissions limit, as defined, to be achieved by 2020 equivalent to the statewide greenhouse gas emissions level in 1990. Existing law requires the state board to complete a comprehensive strategy to reduce emissions of short-lived climate pollutants, as defined, in the state. -Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations. The California Renewables Portfolio Standard Program requires the Public Utilities Commission to establish a renewables portfolio standard requiring all retail sellers, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, at specified percentages of the total kilowatthours sold to their retail end-use customers during specified compliance periods. -This bill would require the state board, in coordination with the Public Utilities -Commission and State Energy Resources and Conservation Development -Commission, to -consider and, as appropriate, -adopt a policy -or programs -to increase the production and use of renewable gas, as specified, generated by either an eligible renewable energy resource that meets the requirements of the California Renewables Portfolio Standard Program or direct solar energy, as specified. -(2)Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law authorizes certain public utilities, including gas corporations, to propose research and development programs and authorizes the commission to allow inclusion of expenses for research and development in the public utility’s rates. Existing law requires the commission to consider specified guidelines in evaluating the research, development, and demonstration programs proposed by gas corporations. -The California Renewables Portfolio Standard Program requires the commission to adopt policies and programs that promote the in-state production and distribution of biomethane. Existing law requires the commission to adopt, by rule or order, (1) standards for biomethane that specify the concentrations of constituents of concern that are reasonably necessary to protect public health and ensure pipeline integrity and safety, as specified, and (2) requirements for monitoring, testing, reporting, and recordkeeping, as specified. Existing law requires a gas corporation to comply with those standards and requirements and requires that gas corporation tariffs condition access to common carrier pipelines on the applicable customer meeting those standards and requirements. -This bill would request the California Council on Science and Technology to undertake and complete a study analyzing the regional and gas corporation specific issues relating to minimum heating value and maximum siloxane specifications adopted by the commission for biomethane before it can be injected into common carrier gas pipelines. If the California Council on Science and Technology agrees to undertake and complete the study, the bill would require each gas corporation operating common carrier pipelines in California to proportionately contribute to the expenses to undertake the study with the cost recoverable in rates. The bill would authorize the commission to modify certain available monetary incentives to allocate some of the incentive moneys to pay for the costs of the study so as to not further burden ratepayers with additional expense. If the California Council on Science and Technology agrees to undertake and complete the study, the bill would require the commission, within 6 months of its completion, to reevaluate requirements and standards adopted for injection of biomethane into common carrier pipelines and, if appropriate, change those requirements and standards or adopt new requirements and standards, giving due deference to the conclusions and recommendations made in the study. -(3)Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. -Because certain provisions of the bill would be a part of the act and a violation of an order or decision of the commission implementing its requirements would be a crime, this bill would impose a state-mandated local program by creating a new crime. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 39734 to the Health and Safety Code, -and to add Section 784.1 to the Public Utilities Code, -relating to energy." -1049,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 89711 of the Education Code is amended to read: -89711. -(a) Except as provided for in subdivision (b), a California State University campus-based mandatory fee, other than a student success fee as defined in Section 89712, established through an affirmative vote of the majority of the student body voting on the fee, but not specifically authorized by statute, shall not be reallocated without an affirmative vote of a majority of the members of either the student body or a campus fee advisory committee established under the policies of the California State University voting on the fee reallocation. -(b) A California State University campus-based mandatory fee, other than a student success fee as defined in Section 89712, established through an affirmative vote of the majority of the student body voting on the fee, but not specifically authorized by statute, may be reallocated without an affirmative vote of a majority of the members of either the student body or a campus fee advisory committee voting on the fee if the vote that established the fee authorized an alternative or automatic reallocation mechanism for that fee. -(c) This section shall not apply to campus-based fees approved prior to the enactment of this section. -SEC. 2. -Section 89712 of the Education Code, as added by Section 2 of Chapter 636 of the Statutes of 2015, is amended to read: -89712. -(a) (1) Neither a campus of the California State University nor the Chancellor of the California State University shall approve a new student success fee or an increase to an existing student success fee, as defined in subdivision (g), before all of the following requirements are satisfied: -(A) The campus undertakes a rigorous consultation process that informs and educates students on the uses, impact, and cost of any proposed student success fee or student success fee increase. -(B) The campus informs its students of all of the following circumstances, -each of -which shall apply to these fees: -(i) That, except as provided in clauses (ii) and (iii), a student success fee may be rescinded by a majority vote of the students, as specified in subdivision (c). -(ii) That a student success fee may not be rescinded earlier than six years following the vote to implement the fee. -(iii) If any portion of the student success fee is committed to support a long-term obligation, that portion of the fee may not be rescinded until the obligation has been satisfied. -(C) The campus shall hold a binding student election on the implementation of any proposed student success fees, or any increase to an existing student success fee, and two-thirds of the student body voting on the fee must vote affirmatively. -(2) Implementation of a fee supported by two-thirds of the campus student body voting on the fee is contingent upon the final approval of the Chancellor of the California State University. -(3) A student success fee proposal may not be brought before the student body more frequently than once per academic year. -(b) A student success fee in place on January 1, 2016, may be rescinded by a binding student vote under the procedures authorized in subdivision (c) only after at least six years have elapsed following the implementation of the fee. -(c) (1) Student success fees may be rescinded with a binding student vote wherein a simple majority of those students voting vote to rescind the fee. The student vote shall comply with all of the following: -(A) A campus decision to vote is formally approved by the recognized student government. -(B) Rescission vote proposals shall not be brought before the student body more frequently than once per academic year. -(C) In the process of reconsidering a student success fee, and before the student vote occurs, the students shall be informed, if a portion of the fee is supporting a long-term obligation, the dollar amount of that portion, and the date on which the long-term obligation would be satisfied. -(2) No new contractual or other obligation that would be supported by the rescinded student success fee may be entered into following a vote to rescind the fee. -(d) The Chancellor of the California State University shall ensure that all of the following occur on each campus: -(1) There is majority student representation in campus student success fee allocation oversight groups. -(2) There is an annual report from each campus to the chancellor on student success fees. -(3) There is uniform, transparent, online accountability in the decisionmaking process for, and a detailed accounting of, the allocation of student success fees. -(e) The Chancellor of the California State University shall establish appropriate reporting procedures to ensure that a campus is in compliance with the requirements of this section. -(f) The -chancellor -Chancellor of the California State University -shall report, by December 1 of each year, to the Department of Finance, and the Legislature pursuant to Section 9795 of the Government Code, a summary of the fees adopted or rescinded in the prior academic year, and the uses of proposed and currently implemented fees. -(g) For purposes of this section, a “student success fee” is a type of category II campus-based mandatory fee that is required to be paid by a student before that student may enroll or attend a campus of the California State University, as determined by that campus or the Chancellor of the California State University.","Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. Existing law authorizes the trustees by rule to require all persons to pay fees, rents, deposits, and charges for services, facilities, or materials provided by the trustees to those persons. Existing law prohibits specified California State University campus-based mandatory fees from being reallocated without an affirmative vote of the majority of the members of either the student body or a specified campus fee advisory committee voting on the fee reallocation, unless the vote that established the fee authorizes an alternative or automatic reallocation mechanism for that fee. -Existing law prohibits a campus of the California State University, or the Chancellor of the California State University, from imposing a student success fee, as defined, unless certain requirements are met. Among these requirements is an affirmative vote of a majority of the student body voting at a binding student election. -This bill would increase the affirmative vote required for the imposition of a student success fee from a majority to -2/3 -of the student body voting on that proposed fee. The bill would also make a technical conforming change in a related provision.","An act to amend Sections 89711 and 89712 of the Education Code, relating to the California State University." -1050,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 488.080 of the Code of Civil Procedure is amended to read: -488.080. -(a) A registered process server may levy under a writ of attachment on the following types of property: -(1) Real property, pursuant to Section 488.315. -(2) Growing crops, timber to be cut, or minerals or the like, including oil and gas, to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, pursuant to Section 488.325. -(3) Personal property in the custody of a levying officer, pursuant to Section 488.355. -(4) Equipment of a going business, pursuant to Section 488.375. -(5) Motor vehicles, vessels, mobilehomes, or commercial coaches used as equipment of a going business, pursuant to Section 488.385. -(6) Farm products or inventory of a going business, pursuant to Section 488.405. -(7) Personal property used as a dwelling, pursuant to subdivision (a) of Section 700.080. -(8) Deposit accounts, pursuant to Section 488.455. -(9) Property in a safe-deposit box, pursuant to Section 488.460. -(10) Accounts receivable or general intangibles, pursuant to Section 488.470. -(11) Final money judgments, pursuant to Section 488.480. -(12) Interest of a defendant in personal property in the estate of a decedent, pursuant to Section 488.485. -(b) Before levying under the writ of attachment, the registered process server shall cause to be deposited with the levying officer a copy of the writ and the fee, as provided by Section 26721 of the Government Code. -(c) If a registered process server levies on property pursuant to subdivision (a), the registered process server shall do both of the following: -(1) Comply with the applicable levy, posting, and service provisions of Article 2 (commencing with Section 488.300). -(2) Request any third person served to give a garnishee’s memorandum to the levying officer in compliance with Section 488.610 on a form provided by the registered process server. -(d) Within five court days after levy under this section, all of the following shall be filed with the levying officer: -(1) The writ of attachment. -(2) A proof of service by the registered process server stating the manner of levy performed. -(3) Proof of service of the copy of the writ and notice of attachment on other persons, as required by Article 2 (commencing with Section 488.300). -(4) Instructions in writing, as required by the provisions of Section 488.030. -(e) If the fee provided by Section 26721 of the Government Code has been paid, the levying officer shall perform all other duties under the writ as if the levying officer had levied under the writ and shall return the writ to the court. If the registered process server does not comply with subdivisions (b) and (d), the levy is ineffective and the levying officer shall not be required to perform any duties under the writ, and may issue a release for any property sought to be attached. The levying officer is not liable for actions taken in conformance with the provisions of this title in reliance on information provided to the levying officer under subdivision (d), except to the extent that the levying officer has actual knowledge that the information is incorrect. Nothing in this subdivision limits any liability the plaintiff or registered process server may have if the levying officer acts on the basis of incorrect information provided under subdivision (d). -(f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5. -SEC. 2. -Section 699.080 of the Code of Civil Procedure is amended to read: -699.080. -(a) A registered process server may levy under a writ of execution on the following types of property: -(1) Real property, pursuant to Section 700.015. -(2) Growing crops, timber to be cut, or minerals or the like including oil and gas, to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, pursuant to Section 700.020. -(3) Personal property in the custody of a levying officer, pursuant to Section 700.050. -(4) Personal property used as a dwelling, pursuant to subdivision (a) of Section 700.080. -(5) Deposit accounts, pursuant to Section 700.140. -(6) Property in a safe-deposit box, pursuant to Section 700.150. -(7) Accounts receivable or general intangibles, pursuant to Section 700.170. -(8) Final money judgments, pursuant to Section 700.190. -(9) Interest of a judgment debtor in personal property in the estate of a decedent, pursuant to Section 700.200. -(b) Before levying under the writ of execution, the registered process server shall cause to be deposited with the levying officer a copy of the writ and the fee, as provided by Section 26721 of the Government Code. -(c) If a registered process server levies on property pursuant to subdivision (a), the registered process server shall do both of the following: -(1) Comply with the applicable levy, posting, and service provisions of Article 4 (commencing with Section 700.010). -(2) Request any third person served to give a garnishee’s memorandum to the levying officer in compliance with Section 701.030 on a form provided by the registered process server. -(d) Within five court days after levy under this section, all of the following shall be filed with the levying officer: -(1) The writ of execution. -(2) A proof of service by the registered process server stating the manner of levy performed. -(3) Proof of service of the copy of the writ and notice of levy on other persons, as required by Article 4 (commencing with Section 700.010). -(4) Instructions in writing, as required by the provisions of Section 687.010. -(e) If the fee provided by Section 26721 of the Government Code has been paid, the levying officer shall perform all other duties under the writ as if the levying officer had levied under the writ and shall return the writ to the court. If the registered process server does not comply with subdivisions (b) and (d), the levy is ineffective and the levying officer shall not be required to perform any duties under the writ, and may issue a release for any property sought to be levied upon. -(f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5. -(g) A registered process server may levy more than once under the same writ of execution, provided that the writ is still valid. -SEC. 3. -Section 706.108 of the Code of Civil Procedure is amended to read: -706.108. -(a) If a writ of execution has been issued to the county where the judgment debtor’s employer is to be served and the time specified in subdivision (b) of Section 699.530 for levy on property under the writ has not expired, a judgment creditor may deliver an application for issuance of an earnings withholding order to a registered process server who may then issue an earnings withholding order. -(b) If the registered process server has issued the earnings withholding order, the registered process server, before serving the earnings withholding order, shall cause to be deposited with the levying officer a copy of the writ of execution, the application for issuance of an earnings withholding order, a copy of the earnings withholding order, and the fee, as provided by Section 26750 of the Government Code. -(c) A registered process server may serve an earnings withholding order on an employer whether the earnings withholding order was issued by a levying officer or by a registered process server, but no earnings withholding order may be served after the time specified in subdivision (b) of Section 699.530. In performing this function, the registered process server shall serve upon the designated employer all of the following: -(1) The original and one copy of the earnings withholding order. -(2) The form for the employer’s return. -(3) The notice to the employee of the earnings withholding order. -(4) A copy of the form that the judgment debtor may use to make a claim of exemption. -(5) A copy of the form the judgment debtor may use to provide a financial statement. -(6) A copy of the employer’s instructions referred to in Section 706.127, except as otherwise prescribed in rules adopted by the Judicial Council. -(d) Within five court days after service under this section, all of the following shall be filed with the levying officer: -(1) The writ of execution, if it is not already in the hands of the levying officer. -(2) Proof of service on the employer of the papers listed in subdivision (c). -(3) Instructions in writing, as required by the provisions of Section 687.010. -(e) If the fee provided by Section 26750 of the Government Code has been paid, the levying officer shall perform all other duties required by this chapter as if the levying officer had served the earnings withholding order. If the registered process server does not comply with subdivisions (b), where applicable, and (d), the service of the earnings withholding order is ineffective and the levying officer shall not be required to perform any duties under the order, and may terminate the order and release any withheld earnings to the judgment debtor. -(f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5.","Existing law establishes a process for the enforcement of money judgments, and authorizes a registered process server to levy under a writ of attachment or writ of execution on specified types of property. Existing law requires the registered process server, before levying under the writ, to deposit a copy of the writ with the levying officer and pay a specified fee. Existing law also permits a registered process server to serve an earnings withholding order on an employer and requires that the process server deposit specified documents with the levying officer and pay a specified fee. -This bill would provide that the registered process server is authorized to have the required documents and fee delivered to the levying officer by someone other than the process server himself or herself.","An act to amend Sections 488.080, 699.080, and 706.108 of the Code of Civil Procedure, relating to civil procedure." -1051,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 48900 of the Education Code is amended to read: -48900. -A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive: -(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person. -(2) Willfully used force or violence upon the person of another, except in self-defense. -(b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal. -(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind. -(d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant. -(e) Committed or attempted to commit robbery or extortion. -(f) Caused or attempted to cause damage to school property or private property. -(g) Stole or attempted to steal school property or private property. -(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of his or her own prescription products. -(i) Committed an obscene act or engaged in habitual profanity or vulgarity. -(j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code. -(k) (1) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. -(2) Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended for any of the acts enumerated in this subdivision, and this subdivision shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. This paragraph shall become inoperative on July 1, 2018, unless a later enacted statute that becomes operative before July 1, 2018, deletes or extends that date. -(l) Knowingly received stolen school property or private property. -(m) Possessed an imitation firearm. As used in this section, “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. -(n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code. -(o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both. -(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. -(q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, “hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, “hazing” does not include athletic events or school-sanctioned events. -(r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings: -(1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following: -(A) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property. -(B) Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health. -(C) Causing a reasonable pupil to experience substantial interference with his or her academic performance. -(D) Causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school. -(2) (A) “Electronic act” means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following: -(i) A message, text, sound, video, or image. -(ii) A post on a social network Internet Web site, including, but not limited to: -(I) Posting to or creating a burn page. “Burn page” means an Internet Web site created for the purpose of having one or more of the effects listed in paragraph (1). -(II) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated. -(III) Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile. -(B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet. -(3) “Reasonable pupil” means a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs. -(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following: -(1) While on school grounds. -(2) While going to or coming from school. -(3) During the lunch period whether on or off the campus. -(4) During, or while going to or coming from, a school-sponsored activity. -(t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a). -(u) As used in this section, “school property” includes, but is not limited to, electronic files and databases. -(v) For a pupil subject to discipline under this section, a superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupil’s specific misbehavior as specified in Section 48900.5. -(w) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities. -SEC. 1.5. -Section 48900 of the Education Code is amended to read: -48900. -A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive: -(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person. -(2) Willfully used force or violence upon the person of another, except in self-defense. -(b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal. -(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind. -(d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant. -(e) Committed or attempted to commit robbery or extortion. -(f) Caused or attempted to cause damage to school property or private property. -(g) Stole or attempted to steal school property or private property. -(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of his or her own prescription products. -(i) Committed an obscene act or engaged in habitual profanity or vulgarity. -(j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code. -(k) (1) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. -(2) Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended for any of the acts enumerated in this subdivision, and this subdivision shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. This paragraph shall become inoperative on July 1, 2018, unless a later enacted statute that becomes operative before July 1, 2018, deletes or extends that date. -(l) Knowingly received stolen school property or private property. -(m) Possessed an imitation firearm. As used in this section, “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. -(n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code. -(o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both. -(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. -(q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, “hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, “hazing” does not include athletic events or school-sanctioned events. -(r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings: -(1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following: -(A) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property. -(B) Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health. -(C) Causing a reasonable pupil to experience substantial interference with his or her academic performance. -(D) Causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school. -(2) (A) “Electronic act” means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following: -(i) A message, text, sound, video, or image. -(ii) A post on a social network Internet Web site, including, but not limited to: -(I) Posting to or creating a burn page. “Burn page” means an Internet Web site created for the purpose of having one or more of the effects listed in paragraph (1). -(II) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated. -(III) Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile. -(iii) An act of cyber sexual bullying. -(I) For purposes of this clause, “cyber sexual bullying” means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described above, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act. -(II) For purposes of this clause, “cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities. -(B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet. -(3) “Reasonable pupil” means a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs. -(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following: -(1) While on school grounds. -(2) While going to or coming from school. -(3) During the lunch period whether on or off the campus. -(4) During, or while going to or coming from, a school-sponsored activity. -(t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a). -(u) As used in this section, “school property” includes, but is not limited to, electronic files and databases. -(v) For a pupil subject to discipline under this section, a superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupil’s specific misbehavior as specified in Section 48900.5. -(w) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities. -SEC. 2. -Section 1.5 of this bill incorporates amendments to Section 48900 of the Education Code proposed by both this bill and Assembly Bill 2536. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 48900 of the Education Code, and (3) this bill is enacted after Assembly Bill 2536, in which case Section 1 of this bill shall not become operative.","(1) Existing law prohibits the suspension, or recommendation for expulsion, of a pupil from school unless the superintendent of the school district or the principal of the school determines that the pupil has committed any of various specified acts, including, but not limited to, engaging in an act of bullying by means of an electronic act. Existing law defines “electronic act” as the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, a message, text, sound, or image, or a post on a social network Internet Web site. -This bill would expressly include a video within the definition of what constitutes an electronic act. -(2) This bill would incorporate additional changes to Section 48900 of the Education Code proposed by AB 2536 that would become operative if this bill and AB 2536 are both enacted and this bill is enacted last.","An act to amend Section 48900 of the Education Code, relating to pupils." -1052,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 66406.7 of the Education Code is amended to read: -66406.7. -(a) This section shall be known and may be cited as the College Textbook Transparency Act. -(b) As used in this section, the following terms have the following meanings: -(1) “Adopter” means any faculty member or academic department or other adopting entity at an institution of higher education responsible for considering and choosing course materials to be used in connection with the accredited courses taught at that institution. -(2) “Complimentary copies” or “review course materials” only includes books that in all appearances are the same as the regular student edition of the textbook, and contain no material other than that found in the regular student edition of the textbook. -(3) “Instructor copies” or “complimentary teacher editions” means books with information that is meant to be for the exclusive use of teachers and not for students. These books contain answers and solutions, test questions, and pedagogical techniques, and are often labeled instructor’s edition or instructor’s manuals. -(4) “New edition of textbook” means a subsequent version of an earlier standard textbook. A standard textbook is the primary, full, and unabridged edition of a textbook. An abridged, alternate format, or alternate version of a standard textbook shall not be considered a new edition. -(5) “Publisher” means any publishing house, publishing firm, or publishing company that publishes textbooks or other course materials, specifically designed for postsecondary instruction. -(6) “Textbook” means a book that contains printed material and is intended for use as a source of study material for a class or group of students, a copy of which is expected to be available for the use of each of the students in that class or group. “Textbook” does not include a novel. -(7) “Unsolicited complimentary copies” means all items described in paragraph (2) and that were not requested by faculty but are sent by the publisher unsolicited by a faculty or staff member. -(c) (1) Adopters are encouraged to consider cost in the adoption of textbooks. -(2) Publishers shall facilitate the work done by adopters by providing transparency in the adoption process and shall be responsive in a timely manner to requests for information on textbook cost and content, and the full range of options. -(d) (1) On or after January 1, 2010, the publisher of a textbook shall print on the outer cover of, or within, the standard textbook, both of the following items: -(A) For any new editions of textbooks initially published on or after January 1, 2010, a summary of the substantive content differences between the new edition and the prior edition. -(B) The copyright date of the previous edition of the textbook. -(2) For instructor copies or complimentary teacher editions, it shall be noted on the exterior of the book that the book is an instructor’s copy and is not for resale. -(e) (1) A publisher, or agent or employee of a publisher, of textbooks intended for use at a postsecondary educational institution shall respond to a request from an adopter for any of the following: -(A) A list of the products offered for sale by that publisher that are relevant to the needs and interests of adopters. -(B) The price at which the new book is available from the publisher. -(C) The copyright date of any prior edition of a textbook, if available. -(D) A list of the substantial content differences or changes made between the current edition initially published on or after January 1, 2010, and the previous edition of the textbook, including, but not necessarily limited to, new chapters, additional eras of time, new themes, or new subject matter. -(2) The information described in this subdivision shall be available in print or electronically to the adopter. -(f) Each campus bookstore at any public postsecondary educational institution shall post in its store or on its Internet Web site a disclosure of its retail pricing policy on new and used textbooks. -(g) Each public postsecondary educational institution shall encourage adopters with course material selection responsibilities to place their orders with sufficient lead time, whenever possible, to enable the university-managed bookstore or contract-managed bookstore to confirm the availability of the requested materials. -(h) This section does not limit the authority of faculty over decisions relating to the selection of textbooks. -(i) An adopter at an institution of higher education shall not demand or receive anything of value, including the donation of equipment or goods, any payment, loan, advance, or deposit of money, present or promised, for adopting specific course materials required for coursework or instruction, except that an employee may receive any of the following: -(1) Complimentary copies, review course materials, or instructor copies. The adopters shall not sell instructor copies. -(2) Royalties or other compensation from sales of course materials that include the instructor’s writing or other work. Receipt of these royalties or compensation is subject to the employer’s standing policies or collective bargaining agreements relating to employee conflicts of -interest. -interest and, with respect to faculty members of the California State University and the California Community Colleges, subject to the requirements of Section 66407.3. -(3) Honoraria for academic peer review of course materials. Receipt of honoraria is subject to the employer’s standing policies relating to employee conflicts of interest. -(4) Training in the use of course materials and course technologies. Payment for travel and lodging and or meals shall be subject to the employer’s standing polices relating to employee conflicts of interest and compensation. -(j) A publisher or campus bookstore shall not solicit faculty for the purpose of the sale of instructor copies or complimentary teachers editions of textbooks that have been provided by a publisher at no charge to a faculty member or other employee. This subdivision does not apply to unsolicited complimentary copies. -(k) A campus bookstore shall not engage in any trade of any course material marked, or otherwise identified, as instructor copies or complementary teachers editions of textbooks. -(l) Any self-published textbook by an instructor for use with that instructor’s class shall be exempt from this section, if the instructor discloses the publishing and use of those materials to his or her employer institution. -SECTION 1. -SEC. 2. -Section 66407.3 is added to the Education Code, to read: -66407.3. -(a) The Trustees of the California State University and the governing board of each community college district shall, and the Regents of the University of California are requested to, require its faculty members to annually disclose, on or before April 15, 2017, and on or before April 15 of each year thereafter, on a form and in a manner to be determined by the trustees, the governing board, or the regents, as appropriate, all of the income he or she received in the immediately preceding calendar year from a publisher, periodical, or provider of online content for royalties, advances, consulting services, or for any other purpose. -A faculty member to whom this section is applicable shall be required to file a form even if he or she has no disclosable income in the calendar year. A faculty member shall file the form required by this section under penalty of perjury. -(b) The trustees, community college district governing boards, and regents shall ensure that the information provided by the faculty members pursuant to subdivision (a) is available to the public on the Internet Web site of the institution at which the faculty members teach. The information provided by an individual faculty member pursuant to this section shall remain available on the Internet Web site for as long as that individual is employed as a teacher at that institution. -(c) The trustees, community college district governing board, and the regents, as appropriate, may require, with proper notice and an opportunity for a hearing, a faculty member who does not file the information required pursuant to this section in a timely manner to pay an administrative fine of up to -25 percent of the unreported income or five thousand dollars ($5,000), whichever is smaller. -fifty dollars ($50). -The proceeds of any administrative fines -collected -pursuant to this subdivision shall be collected by the trustees or by a community college district governing board, as appropriate, and shall be deposited in a fund for allocation pursuant to subdivision (d). -(d) (1) The trustees shall deposit the proceeds of administrative fines collected pursuant to subdivision (c) into the California State University Faculty Royalty Disclosure Fund, which is hereby established. Notwithstanding Section 13340 of the Government Code, the moneys in the California State University Faculty Royalty Disclosure Fund are continuously appropriated to the trustees for allocation for expenditure for general educational purposes at the campus at which the faculty member who was assessed the fine is employed. -(2) The governing board of a community college district is authorized to expend the proceeds of any administrative fines collected pursuant to subdivision (c) for general educational purposes at the campus at which the faculty member who was assessed the fine is employed. -(3) The regents are requested to allocate the proceeds of any administrative fines collected pursuant to subdivision (c) in a manner similar to that described in paragraph (1). -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII   B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII   B of the California Constitution. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law, known as the Donahoe Higher Education Act, sets forth the missions and functions of the segments of postsecondary education in this state. The California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and the University of California, under the administration of the Regents of the University of California, constitute the 3 segments of public postsecondary education in this state. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by appropriate resolution, to make those provisions applicable. -An existing chapter of the Donahoe Higher Education Act relates to the use of academic materials, and provides that a court of competent jurisdiction is authorized to grant relief that is necessary to enforce the provisions of this chapter, including through the issuance of an injunction. -This chapter also includes the College Textbook Transparency Act which, among other things, provides that certain faculty members, defined as adopters, are authorized to receive royalties or other compensation from sales of course materials that include the instructor’s writing or other work, subject to the employer’s standing policies or collective bargaining agreements relating to employee conflicts of interest. -This bill would add to this chapter a provision that requires the trustees and the governing board of each community college district, and requests the regents, to require their faculty members to annually disclose, on or before April 15, 2017, and on or before April 15 of each year thereafter, on a form and in a manner to be determined by the trustees, the governing board, or the regents, as appropriate, all of the income he or she received in the immediately preceding calendar year from a publisher, periodical, or provider of online content for royalties, advances, consulting services, or for any other purpose. -The bill would require faculty members to whom the bill is applicable to file a form even if they have no disclosable income in the calendar year. The bill would require that these forms be filed under penalty of perjury, thereby imposing a state-mandated local program by expanding the scope of the crime of perjury. -The bill would require that the information provided by the faculty members under this bill be available to the public on the Internet Web site of the institution at which the faculty members teach, as specified. The bill would authorize the trustees, community college governing boards, or regents to require a faculty member who does not file the information required under this bill in a timely manner to pay an administrative fine of up to -25% of the unreported income or $5,000, whichever is smaller, -$50, -as specified. -The bill would authorize the trustees and the community college district governing boards to expend the proceeds of these fines for general educational purposes at the campuses at which the faculty members who were assessed the fines were employed. With respect to the California State University, the bill would establish the California State University Faculty Royalty Disclosure Fund as a continuously appropriated fund for the deposit of fine proceeds and their allocation to the appropriate campuses. The bill would request the regents to allocate the proceeds of any administrative fines they collect pursuant to the bill in a manner similar to that described for the California State University. -To the extent that this provision would impose new duties on community college districts, this bill would constitute a state-mandated local program. -(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to -amend Section 66406.7 of, and to -add Section 66407.3 -to -to, -the Education Code, relating to public postsecondary education, and making an appropriation therefor." -1053,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 8880.5 of the Government Code is amended to read: -8880.5. -Allocations for education: -The California State Lottery Education Fund is created within the State Treasury, and is continuously appropriated for carrying out the purposes of this chapter. The Controller shall draw warrants on this fund and distribute them quarterly in the following manner, provided that the payments specified in subdivisions (a) to (g), inclusive, shall be equal per capita amounts. -(a) (1) Payments shall be made directly to public school districts, including county superintendents of schools, serving kindergarten and grades 1 to 12, inclusive, or any part thereof, on the basis of an equal amount for each unit of average daily attendance, as defined by law and adjusted pursuant to subdivision (l). -(2) For purposes of this paragraph, in each of the 2008–09, 2009–10, 2010–11, 2011–12, 2012–13, 2013–14, and 2014–15 fiscal years, the number of units of average daily attendance in each of those fiscal years for programs for public school districts, including county superintendents of schools, serving kindergarten and grades 1 to 12, inclusive, shall include the same amount of average daily attendance for classes for adults and regional occupational centers and programs used in the calculation made pursuant to this subdivision for the 2007–08 fiscal year. -(b) Payments shall also be made directly to public school districts serving community colleges, on the basis of an equal amount for each unit of average daily attendance, as defined by law. -(c) Payments shall also be made directly to the Board of Trustees of the California State University on the basis of an amount for each unit of equivalent full-time enrollment. Funds received by the trustees shall be deposited in and expended from the California State University Trust Fund or, at the discretion of the trustees, deposited in local trust accounts in accordance with subdivision (j) of Section 89721 of the Education Code. -(d) Payments shall also be made directly to the Regents of the University of California on the basis of an amount for each unit of equivalent full-time enrollment. -(e) Payments shall also be made directly to the Board of Directors of the Hastings College of the Law on the basis of an amount for each unit of equivalent full-time enrollment. -(f) Payments shall also be made directly to the Department of the Youth Authority for educational programs serving kindergarten and grades 1 to 12, inclusive, or any part thereof, on the basis of an equal amount for each unit of average daily attendance, as defined by law. -(g) Payments shall also be made directly to the two California Schools for the Deaf, the California School for the Blind, and the three Diagnostic Schools for Neurologically Handicapped Children, on the basis of an amount for each unit of equivalent full-time enrollment. -(h) Payments shall also be made directly to the State Department of Developmental Services and the State Department of State Hospitals for clients with developmental or mental disabilities who are enrolled in state hospital education programs, including developmental centers, on the basis of an equal amount for each unit of average daily attendance, as defined by law. -(i) No Budget Act or other statutory provision shall direct that payments for public education made pursuant to this chapter be used for purposes and programs, including workload adjustments and maintenance of the level of service, authorized by Chapters 498, 565, and 1302 of the Statutes of 1983, Chapter 97 or 258 of the Statutes of 1984, or Chapter 1 of the Statutes of the 1983–84 Second Extraordinary Session. -(j) School districts and other agencies receiving funds distributed pursuant to this chapter may at their option utilize funds allocated by this chapter to provide additional funds for those purposes and programs prescribed by subdivision (i) for the purpose of enrichment or expansion. -(k) As a condition of receiving any moneys pursuant to subdivision (a) or (b), each school district and county superintendent of schools shall establish a separate account for the receipt and expenditure of those moneys, which account shall be clearly identified as a lottery education account. -(l) Commencing with the 1998–99 fiscal year, and each year thereafter, for purposes of subdivision (a), average daily attendance shall be increased by the statewide average rate of excused absences for the 1996–97 fiscal year as determined pursuant to the provisions of Chapter 855 of the Statutes of 1997. The statewide average excused absence rate, and the corresponding adjustment factor required for the operation of this subdivision, shall be certified to the Controller by the Superintendent of Public Instruction. -(m) It is the intent of this chapter that all funds allocated from the California State Lottery Education Fund shall be used exclusively for the education of pupils and students and no funds shall be spent for acquisition of real property, construction of facilities, financing of research, or any other noninstructional purpose. -SEC. 2. -The Legislature finds and declares both of the following: -(a) This act furthers the purpose of the California State Lottery Act of 1984, enacted by Proposition 37 at the November 6, 1984, general election by eliminating inefficient administrative procedures that the Board of Trustees of the California State University and the Controller utilize on a quarterly basis. -(b) This act shall not be interpreted to expand the lawful uses of funds allocated from the California State Lottery Education Fund to the Board of Trustees of the California State University.","(1) The California State Lottery Act of 1984, enacted by initiative, authorizes a California State Lottery and provides for its operation and administration by the California State Lottery Commission and the Director of the California State Lottery, with certain limitations. The act establishes the California State Lottery Education Fund and provides for direct payments from the fund to various entities, including the Board of Trustees of the California State University. The act requires funds received by the trustees to be deposited in, and expended from, the California State University Lottery Education Fund or, at the discretion of the trustees, deposited in local trust accounts. -Existing law establishes the California State University Trust Fund and specifies its sources of revenue. Existing law provides that all money received by the fund shall augment the support appropriation to the California State University for the fiscal year to which the collections apply. -This bill would require the trustees to deposit funds received from the California State Lottery Education Fund in the California State University Trust Fund instead of the California State University Lottery Education Fund. The bill would continue to allow the trustees, in their discretion, to deposit the funds in local trust accounts. -(2) The California State Lottery Act of 1984, an initiative measure, specifies that none of its provisions may be changed except to further its purpose by a bill passed by a -2/3 -vote of each house of the Legislature and signed by the Governor. -This bill would declare that its provisions further the purposes of the act, as specified, and that the act shall not be interpreted to expand the lawful uses of funds allocated from the California State Lottery Education Fund to the trustees.","An act to amend Section 8880.5 of the Government Code, relating to the California State Lottery Act." -1054,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19855 of the Business and Professions Code is amended to read: -19855. -Except as otherwise provided by statute or regulation, every person who, by statute or regulation, is required to hold a state license shall obtain the license prior to engaging in the activity or occupying the position with respect to which the license is required. Every person who, by order of the commission, is required to apply for a gambling license or a finding of suitability shall file the application within 60 calendar days after receipt of the order. -SEC. 2. -Section 19858 of the Business and Professions Code is amended to read: -19858. -(a) Except as provided in subdivisions (b) and (c), a person shall be deemed to be unsuitable to hold a state gambling license to own a gambling establishment if the person, or any partner, officer, director, or shareholder of the person, has any financial interest in any business or organization that is engaged in any form of gambling prohibited by Section 330 of the Penal Code, whether within or without this state. -(b) Subdivision (a) shall not apply to a publicly traded racing association, a qualified racing association, or any person who is licensed pursuant to subdivision (b) or (c) of Section 19852. -(c) Subdivision (a) shall not apply to a person who meets all of the following criteria: -(1) The person is licensed or had an application to be licensed on file with the commission on or before February 1, 2013. -(2) The person has a financial interest in a business or organization engaged in gambling prohibited by Section 330 of the Penal Code that was closed and was not engaged in prohibited gambling at the time the person was either licensed or had filed an application to be licensed with the commission. -(3) The person has a financial interest in a gambling establishment that is located on any portion of, or contiguous to, the grounds on which a racetrack is or had been previously located and horserace meetings were authorized to be conducted by the California Horse Racing Board on or before January 1, 2012. -(4) The grounds upon which the gambling establishment described in paragraph (3) is located are directly or indirectly owned by a racetrack limited partnership owner. For purposes of this paragraph, a “racetrack limited partnership owner” means a limited partnership, or a number of related limited partnerships, that is or are at least 80 percent capitalized by limited partners that are an “institutional investor” as defined in subdivision (w) of Section 19805, an “employee benefit plan” as defined in Section 1002(3) of Title 29 of the United States Code, or an investment company that manages a state university endowment. -(d) Within six years of the date the closed business or organization reopens or becomes engaged in any form of gambling prohibited by Section 330 of the Penal Code, a person described in subdivision (c) shall either divest that person’s interest in the business or organization, or divest that person’s interest in the gambling enterprise or gambling establishment for which the person is licensed or has applied to be licensed by the commission. -(e) A person described in subdivision (c) shall inform the commission within 30 days of the date on which a business or organization in which the person has a financial interest begins to engage in any form of gambling prohibited by Section 330 of the Penal Code. -(f) During the six-year divestment period described in subdivision (d), it is unlawful for any cross-promotion or marketing to occur between the business or organization that is engaged in any form of gambling prohibited by Section 330 of the Penal Code and the gambling enterprise or gambling establishment described in paragraph (3) of subdivision (c). For purposes of this subdivision, “cross-promotion or marketing” means the offering to any customers of the gambling enterprise or gambling establishment anything of value related to visiting or gambling at the business or organization engaged in any form of gambling prohibited by Section 330 of the Penal Code. -(g) During the six-year divestment period described in subdivision (d), any funds used in connection with the capital improvement of the gambling enterprise or gambling establishment described in paragraph (3) of subdivision (c) shall not be provided from the gaming revenues of either the business or organization engaged in gaming prohibited under Section 330 of the Penal Code. -(h) If, at the end of the six-year divestment period described in subdivision (d), any person described in subdivision (c) has not divested his or her interest in either the gambling enterprise or gambling establishment or the business or organization engaged in any form of gaming prohibited under Section 330 of the Penal Code, the prohibitions of Section 19858 as it read on January 1, 2013, apply. -SEC. 3. -(a) By July 1, 2018, the City of Inglewood shall prepare and submit a report to the Legislature and appropriate policy committees of the Legislature on the progress of the construction of the City of Champions Revitalization Project and the project’s impact on the divestment requirement described in subdivision (d) of Section 19858 of the Business and Professions Code. -(b) (1) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. -(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on July 1, 2022. -SEC. 4. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances surrounding the City of Inglewood with respect to the construction of the City of Champions Revitalization Project and the project’s impact on the divestment requirement described in the Gambling Control Act, which governs the statewide regulation and enforcement of certain legalized gambling activities in the State. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. A willful violation of the act is a misdemeanor. Existing law requires every person who is required to hold a state license to obtain the license prior to engaging in the activity or occupying the position with respect to which the license is required, except as specified. Existing law also requires every person who, by order of the commission, is required to apply for a gambling license or a finding of suitability to file an application within 45 calendar days after receipt of the order. -This bill would instead require the application described above to be filed within 60 calendar days after receipt of an order of the commission. -Existing law makes it a misdemeanor for a person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employer, whether for hire or not, any of a list of specified gambling games, or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or any representative of value. -Existing law generally requires a person to be deemed unsuitable to hold a state gambling license under the California Gambling Control Act to own a gambling establishment if the person, or any partner, officer, director, or shareholder of that person, has any financial interest in any business or organization that is engaged in any form of gambling prohibited under the provision described above, whether within or without this state. Existing law exempts from these provisions a person who meets specified criteria, including a person who is licensed or had an application to be licensed on file with the commission on or before February 1, 2013. Existing law requires a person exempt under this provision, within 3 years of the date the closed business or organization reopens or becomes engaged in any form of gambling prohibited under the provision described above, to either divest that person’s interest in the business or organization or divest that person’s interest in the gambling enterprise or gambling establishment for which the person is licensed or has applied to be licensed by the commission. -During this 3-year divestment period, existing law makes it unlawful for any cross-promotion or marketing, as defined, to occur between the business or organization that is engaged in any form of gambling prohibited under the provision described above, and a gambling enterprise or gambling establishment. -This bill would instead require an exempt person, within 6 years of the date the closed business or organization reopens or becomes engaged in any form of gambling prohibited under the provision described above, to either divest that person’s interest in the business or organization or divest that person’s interest in the gambling enterprise or gambling establishment for which the person is licensed or has applied to be licensed by the commission. The bill would also make conforming changes. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. -The bill would require the City of Inglewood, by July 1, 2018, to prepare and submit a report to the Legislature and appropriate policy committees of the Legislature on the progress of the construction of the City of Champions Revitalization Project and its impact on the divestment requirement described above. By imposing a reporting requirement on the City of Inglewood, this bill would impose a state-mandated local program. -This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Inglewood. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to amend Sections 19855 and 19858 of the Business and Professions Code, relating to gambling." -1055,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19605 of the Business and Professions Code is amended to read: -19605. -(a) Notwithstanding any other law, the board may authorize an association licensed to conduct a racing meeting in the northern zone to operate a satellite wagering facility for wagering on races conducted in the northern zone at its racetrack inclosure subject to all of the conditions specified in Section 19605.3, and may authorize an association licensed to conduct a racing meeting in the central or southern zone to operate a satellite wagering facility for wagering on races conducted in the central or southern zone at its racetrack inclosure subject to the conditions specified in subdivisions (a) to (e), inclusive, of Section 19605.3 and the conditions and limitations set forth in Section 19605.6. -(b) Notwithstanding any other law, no satellite wagering facility, except a facility that is located at a track where live racing is conducted, shall be located within 20 miles of any existing satellite wagering facility or of any track where a racing association conducts a live racing meeting. However, in the northern zone, a racing association or any existing satellite wagering facility may waive the prohibition contained in this subdivision and may consent to the location of another satellite wagering facility within 20 miles of the facility or track. -(c) Notwithstanding subdivision (b), the Department of Food and Agriculture may approve not more than three satellite wagering facilities that are licensed jointly to the 1a District Agricultural Association and the 5th District Agricultural Association and that are located on the fairgrounds of the 1a District Agricultural Association or within the boundaries of the City and County of San Francisco. Before a satellite wagering facility may be licensed for the 1997 and subsequent calendar years under this subdivision, the department shall conduct a one-year test at the proposed site in order to determine the impact of the proposed facility on total state parimutuel revenues and on attendance and wagering at existing racetracks and fair satellite wagering facilities in the Counties of Alameda, San Mateo, Santa Clara, and Solano. Notwithstanding Section 19605.1, a satellite wagering facility may be located on property leased to one or both fairs. Notwithstanding any other law, the fairs may contract for the operation and management of a satellite wagering facility with an individual racing association or a partnership, joint venture, or other affiliation of two or more racing associations or fairs that are licensed to conduct thoroughbred meetings within the northern zone. -(d) Subdivision (b) shall not be construed to prohibit the location of satellite wagering facilities within 20 miles of any existing or proposed satellite facility established pursuant to subdivision (c). -SEC. -2 -. -Section 19620.2 of the Business and Professions Code is amended to read: -19620.2. -(a) -Any -Notwithstanding any other law, any -unallocated balance from -Section 19620.1 -Sections 19606.1 and 19620.1, revenue deposited into the Fair and Exposition Fund pursuant to Section 19614, and funding appropriated by the Legislature or otherwise designated for California fairs pursuant to this chapter or any other law -is hereby appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs for fair projects involving public health and safety, for fair projects involving major and deferred maintenance, for fair projects necessary due to any emergency, for projects that are required by physical changes to the fair site, for projects that are required to protect the fair property or installation, such as fencing and flood protection, and for the acquisition or improvement of any property or facility that will serve to enhance the operation of the fair. -(b) A portion of the funds subject to allocation pursuant to subdivision (a) may be allocated to California fairs for general operational support. It is the intent of the Legislature that these moneys be used primarily for those fairs whose sources of revenue may be limited for purposes specified in this section. -SEC. -3 -. -Section 3200 of the Food and Agricultural Code is amended to read: -3200. -Notwithstanding any other -provision of -law, all funds appropriated -or designated -for California fairs and expositions pursuant to -Sections 19622, 19627, 19627.1, and subdivision (c) of Section 19627.2 of the Business and Professions Code for the 1995–96 fiscal year shall not be utilized for the purposes specified in those sections but shall, instead, be utilized for the purposes specified in Section 19630 of the Business and Professions Code, and may be allocated by the Secretary of Food and Agriculture to all state designated fairs as defined by Section 19418 of the Business and Professions Code, for the purposes specified in Section 19630. -this chapter or any other law shall be deposited in the Fair and Exposition Fund and be continuously appropriated as specified in Sections 19606.1 and 19620.2 of the Business and Professions Code.","The -(1) The -Horse Racing Law permits the California Horse Racing Board to authorize an association licensed to conduct a racing meeting to also operate a satellite wagering facility at its racetrack inclosure, under specified conditions that differ between the northern zone and the central and southern zones, and provides specific guidelines for the operation and location of these facilities. That law also authorizes fairs to contract for the operation and management of a satellite wagering facility with an individual racing association or a partnership, joint venture, or other affiliation of 2 or more racing associations that are licensed to conduct thoroughbred meetings within the northern zone. -This bill would authorize a fair to contract with 2 or more fairs that are licensed to conduct thoroughbred meetings within the northern zone for the operation and management of a satellite wagering facility. -(2) The Horse Racing Law provides that any unallocated balance from the total revenue received by the Department of Food and Agriculture pursuant to that law, except as specified, is hereby appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs for, among other things, fair projects involving public health and safety and projects that are required to protect fair property. That law also provides that a portion of these funds may be allocated to California fairs for general support. -This bill would revise these provisions to include revenue deposited into the Fair and Exposition Fund pursuant to a specified provision and funding appropriated by the Legislature or otherwise designated for California fairs pursuant to the Horse Racing Law or any other law that is to be appropriated without regard to fiscal years for allocation by the secretary for those capital outlay purposes. -(3) Existing law provides that all funds appropriated for California fairs and expositions pursuant to specified provisions of law shall not be utilized for the purposes specified in those provisions but shall instead be utilized for the construction or operation of recreational and cultural facilities of general public interest and may be allocated by the Secretary of Food and Agriculture to all state designated fairs for those purposes. -This bill would delete these provisions and instead require that all funds appropriated or designated for California fairs and expositions pursuant to specified law or any other law be deposited in the Fair and Exposition Fund and be continuously appropriated as provided in specified provisions of the Horse Racing Law. -(4) By increasing the amounts to be deposited in the Fair and Exposition Fund, which is continuously appropriated, and by appropriating these amounts for new purposes, the bill would make an appropriation.","An act to amend -Section 19605 -Sections 19605 and 19620.2 -of the Business and Professions Code, -and to amend Section 3200 of the Food and Agricultural Code, -relating to horse -racing. -racing, and making an appropriation therefor." -1056,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) There is statewide interest in preventing homes, neighborhoods, commercial properties, and public ways from deteriorating and falling into disrepair creating blight conditions. -(2) Blight adversely impacts community quality-of-life issues, creates hazards and unsafe conditions that endanger the public, causes citizen dissatisfaction, and leads to dangerous buildings, increased crime, and reduced property values. -(3) Setting the standards, minimum requirements, and ongoing educational requirements for local code enforcement officers who elect to attain the Certified Code Enforcement Officer title helps local agencies identify, select, and train qualified public officers to enforce laws and codes necessary to help preserve safe, well-ordered communities. -(4) Public officers who perform code enforcement functions require a unique skill set that is not available through traditional vocational offerings. -(b) It is the intent of the Legislature in enacting this measure to protect human safety, preserve property values, reduce crime, and abate public nuisances by helping to regulate the standard of training and certification for local code enforcement officers that public agencies may rely on. The municipal code enforcement function is sufficiently important to justify having a standard by public authority, with the title Certified Code Enforcement Officer having a legally defined meaning. -(c) It is the intent of the Legislature that compliance with this measure be voluntary and not to mandate local agencies or employers to require their code enforcement officers to become certified. The voluntary program created pursuant to this measure will ensure that individuals who are Certified Code Enforcement Officers have met prescribed education, training, and experience requirements and have passed a comprehensive examination reflective of the demands encountered in the code enforcement profession. -(d) It is the intent of the Legislature to recognize the California Association of Code Enforcement Officers professional development and credentialing program by establishing a Certified Code Enforcement Officer title to help local agencies define, standardize, and regulate this important function. -SEC. 2. -Chapter 20 (commencing with Section 26205) is added to Division 20 of the Health and Safety Code, to read: -CHAPTER 20. Certified Code Enforcement Officers -26205. -This chapter shall be known, and may be cited, as the Code Enforcement Officer Standards Act. -26206. -For purposes of this chapter, the following terms have the following meanings: -(a) “Board” means the duly elected Board of Directors of the California Association of Code Enforcement Officers. -(b) “CACEO” means the California Association of Code Enforcement Officers, a public benefit corporation domiciled in California. -(c) “Certified Code Enforcement Officer” or “CCEO” means a person registered or certified as described in this chapter. -(d) “Code enforcement officer” has the same meaning as defined in Section 829.5 of the Penal Code. -26207. -(a) The board shall develop and maintain standards for the various classes of CCEOs that it designates. The standards for education, training, and certification shall be adopted by administrative rule of the board, and they shall be no less than as described in this chapter. CCEOs shall not have the power of arrest except as authorized by the city, county, or city and county charter, code, or regulation in which they operate. CCEOs shall not have access to summary criminal history information pursuant to this section, but persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105 of the Penal Code if the criteria specified in that section is otherwise met. A person may not be designated or certified as a CCEO under this section if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. -(b) The board shall review all applications from cities, counties, cities and counties, and accredited educational institutions who seek to develop and provide education designed to qualify their students, participants, or employees as CCEOs. All applications that are submitted on approved forms that, subject to the board’s review and approval, demonstrate the equivalency of the standards adopted under the rules of the board shall qualify as Certified Code Enforcement Officer Education Program Providers (program providers). All program providers are subject to ongoing program review and evaluation under the board’s administrative rules. A program provider shall renew its program provider application and obtain approval under the board’s administrative rules no later than 36 months from the date of the last approval or else it shall lapse and be subject to renewal under the board’s administrative rules. All students, participants, or employees who successfully pass the minimum education and certification requirements of the program providers approved curriculum shall, subject to the same fees as other registered CCEOs under the board’s administrative rules, be granted status as CCEOs in an equivalent manner as applicants who attained certification or registration status through the CACEO educational and certification programs and academies. -(c) The development and perpetual advancement of code enforcement officer professional standards and actively providing related educational offerings that lead to increased professional competence and ethical behavior shall be the highest priority for the board in its licensing, certification, and disciplinary functions. Whenever the advancement of code enforcement officer professional standards and the provision of related educational offerings is inconsistent with other interests sought to be promoted, the former shall be paramount. -26208. -The board’s administrative rules shall designate minimum training, qualifications, and experience requirements for applicants to qualify for the CCEO designation, including, but not limited to, training and competency requirements in the areas of land use and zoning laws, health and safety codes, substandard housing abatement, environmental regulations, sign standards, public nuisance laws, applicable constitutional law, investigation and enforcement techniques, application of remedies, officer safety, and community engagement. The board may, by administrative rule, designate additional classes of certifications to help meet its mission. -26209. -The board shall conspicuously and continually publish its list of CCEOs on the CACEO Internet Web site, containing the registrant’s full name, summary status as to individual disciplinary concerns, active or inactive status, date of active CCEO expiration, and business address, unless the business address is a residence, which shall be treated as confidential. -26210. -A CCEO shall hold a valid certificate designating the person as a CCEO issued by the CACEO, shall at all times remain a member in good standing of the CACEO, and shall be subject to ongoing continuing education and registration requirements as designated by the board’s administrative rules. -26211. -Failure to maintain the continuing education requirements shall cause the certification status to lapse, subject to redemption as specified by the board’s administrative rules. Once a certification lapses, the certification status shall automatically convert to inactive CCEO status unless it is redeemed. The rights, privileges, and procedures or limitations on redemption of inactive CCEOs shall be specified in the board’s administrative rules. -26212. -The board shall annually set fees in amounts that are reasonably related and necessary to cover the cost of administering this chapter. The fees shall be set by the board and published on the CACEO Internet Web site and maintained at the CACEO’s headquarters. -26213. -The board shall maintain a register of each application for a certificate of registration under this chapter. The register shall include all of the following: -(a) The name, residence, date of birth, and driver’s license number (including state or country of origin) of the applicant. -(b) The name and address of the employer or business of the applicant. -(c) The date of the application. -(d) The education and experience qualifications of the applicant. -(e) The action taken by the board regarding the application and the date of the action. -(f) The serial number of any certificate of registration issued to an applicant. -(g) Any other information required by board rule. -26214. -A person may not hold himself or herself out to be a Certified Code Enforcement Officer in this state or use the title “Certified Code Enforcement Officer” in this state unless the person holds a certificate of registration pursuant to this chapter. -26215. -The board shall, by administrative rule, create a process to timely consider and review all applicants who hold certification from any other agency, and allow them to seek review and potential approval of the qualifications to potentially be recognized as a CCEO in this state. A denial of full recognition as a CCEO shall be accompanied by written justification and a list of required steps that may be required for the individual applicant to complete the registration and certification process. Recognition fees shall be set as described in Section 26212. -26216. -(a) The board shall adopt administrative rules to process information, investigate allegations or suspicions of applicants or licensees providing false information, failing to disclose material information on the registration application, or not providing any information that may, either before or during the certification process, disqualify the applicant or certificant under subdivision (a) of Section 26207. The board shall adopt procedures and guidelines to impose any discipline, revocation of certification, or sanction, for cause, against any applicant, registrant, or certificant. -(b) The administrative rules shall provide the applicant or registrant with adequate and fair notice and hearing opportunities prior to the board taking any adverse action against the applicant or certificant. -(c) Any factual finding after a hearing that the board concludes is cause for revocation, suspension, or other disciplinary or administrative action against a registration or certification shall result in an order after hearing that meets the fair notification requirements of this section. -(d) All orders after hearing shall be deemed final under the board’s authority and procedures and may be appealed as provided for in Sections 1094.5 and 1094.6 of the Code of Civil Procedure. -26217. -This chapter shall not be construed to duplicate, overlap, or otherwise conflict with the certification and continuing education requirements for construction inspectors, plans examiners, and building officials established pursuant to Chapter 7 (commencing with Section 18949.25) of Part 2.5 of Division 13.","Existing law defines the term “code enforcement officer” as a person who is not a peace officer, who has enforcement authority for health, safety, and welfare requirements, and who is authorized to issue citations or file formal complaints, as specified. -This bill would require the Board of Directors of the California Association of Code Enforcement Officers (CACEO) to develop and maintain standards for the designation of Certified Code Enforcement Officers or CCEOs. The bill would require the board to designate minimum training, qualifications, and experience requirements for applicants to qualify for the CCEO designation. The bill would also require the board to qualify cities, counties, cities and counties, and accredited educational institutions as Certified Code Enforcement Officer Education Program Providers, and would require all students, participants, or employees who successfully pass the minimum education and certification requirements to be granted CCEO status in an equivalent manner as applicants who attain certification through the CACEO. -The bill would require the board to set annual fees in amounts that are reasonably related and necessary to cover the costs of administering these provisions, to maintain a register of applications for certification, and adopt procedures for discipline, revocation, and sanctions against applicants, registrants, and certificants. The bill would allow all orders of the board resulting in revocation, suspension, or other action to be appealed by a writ of mandate or petition for judicial review to the superior court.","An act to add Chapter 20 (commencing with Section 26205) to Division 20 of the Health and Safety Code, relating to code enforcement officers." -1057,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 68152 of the Government Code is amended to read: -68152. -The trial court clerk may destroy court records under Section 68153 after notice of destruction, and if there is no request and order for transfer of the records, except the comprehensive historical and sample superior court records preserved for research under the California Rules of Court, when the following times have expired after the date of final disposition of the case in the categories listed: -(a) Civil actions and proceedings, as follows: -(1) Except as otherwise specified: retain 10 years. -(2) Civil unlimited cases, limited cases, and small claims cases, including after trial de novo, if any, except as otherwise specified: retain for 10 years. -(3) Civil judgments for unlimited civil cases: retain permanently. -(4) Civil judgments for limited and small claims cases: retain for 10 years, unless judgment is renewed. If judgment is renewed, retain judgment for length of renewal pursuant to Article 2 (commencing with Section 683.110) of Chapter 3 of Division 1 of Title 9 of Part 2 of the Code of Civil Procedure. -(5) If a party in a civil case appears by a guardian ad litem: retain for 10 years after termination of the court’s jurisdiction. -(6) Civil harassment, domestic violence, elder and dependent adult abuse, private postsecondary school violence, and workplace violence cases: retain for the same period of time as the duration of the restraining or other orders and any renewals thereof, then retain the restraining or other orders permanently as a judgment; 60 days after expiration of the temporary restraining or other temporary orders; retain judgments establishing paternity under Section 6323 of the Family Code permanently. -(7) Family law, except as otherwise specified: retain for 30 years. -(8) Adoption: retain permanently. -(9) Parentage: retain permanently. -(10) Change of name, gender, or name and gender: retain permanently. -(11) Probate: -(A) Decedent estates: retain permanently all orders, judgments, and decrees of the court, all inventories and appraisals, and all wills and codicils of the decedent filed in the case, including those not admitted to probate. All other records: retain for five years after final disposition of the estate proceeding. -(B) Wills and codicils transferred or delivered to the court pursuant to Section 732, 734, or 8203 of the Probate Code: retain permanently. For wills and codicils delivered to the clerk of the court under Section 8200 of the Probate Code, retain the original documents as provided in Section 26810. -(C) Substitutes for decedent estate administration: -(i) Affidavit procedures for real property of small value under Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code: retain permanently. -(ii) Proceedings for determining succession to property under Chapter 4 (commencing with Section 13150) of Part 1 of Division 8 of the Probate Code: retain permanently all inventories and appraisals and court orders. Other records: retain for five years after final disposition of the proceeding. -(iii) Proceedings for determination of property passing or belonging to surviving spouse under Chapter 5 (commencing with Section 13650) of Part 2 of Division 8 of the Probate Code: retain permanently all inventories and appraisals and court orders. Other records: retain for five years after final disposition of the proceeding. -(D) Conservatorships: retain permanently all court orders. Documents of trusts established under substituted judgment pursuant to Section 2580 of the Probate Code: retain as provided in clause (iii) of subparagraph (G). Other records: retain for five years after the later of either (i) the final disposition of the conservatorship proceeding, or (ii) the date of the conservatee’s death, if that date is disclosed in the court’s file. -(E) Guardianships: retain permanently orders terminating the guardianship, if any, and court orders settling final account and ordering distribution of the estate. Other records: retain for five years after the later of (i) the final disposition of the guardianship proceeding, or (ii) the earlier of the date of the ward’s death, if that date is disclosed in the court’s file, or the date the ward reaches 23 years of age. -(F) Compromise of minor’s or disabled person’s claim or action, and disposition of judgment for minors and disabled persons under Section 372 of the Code of Civil Procedure and Chapter 4 (commencing with Section 3600) of Part 8 of Division 4 of the Probate Code: -(i) Retain permanently judgments in favor of minors or disabled persons, orders approving compromises of claims and actions and disposition of the proceeds of judgments, orders directing payment of expenses, costs, and fees, orders directing deposits into blocked accounts and receipts and acknowledgments of those orders, and orders for the withdrawal of funds from blocked accounts. -(ii) Retain other records for the same retention period as for records in the underlying case. If there is no underlying case, retain for five years after the later of either (I) the date the order for payment or delivery of the final balance of the money or property is entered, or (II) the earlier of the date of the minor’s death, if that date is disclosed in the court’s file, or the date the minor reaches 23 years of age. -(G) Trusts: -(i) Proceedings under Part 5 (commencing with Section 17000) of Division 9 of the Probate Code: retain permanently. -(ii) Trusts created by substituted judgment under Section 2580 of the Probate Code: retain permanently all trust instruments and court orders. Other records: retain as long as the underlying conservatorship file is retained. -(iii) Special needs trusts: retain permanently all trust instruments and court orders. Other records: retain until the later of either (I) the retention date of “other records” in the beneficiary’s conservatorship or guardianship file under subparagraph (D) or (E), if any, or (II) five years after the date of the beneficiary’s death, if that date is disclosed in the court’s file. -(H) All other proceedings under the Probate Code: retain as provided for civil cases. -(12) Mental health: -(A) Lanterman Developmental Disabilities Services Act: retain for 10 years. -(B) Lanterman-Petris-Short Act: retain for 20 years. -(C) Riese (capacity) hearings under Sections 5333 and 5334 of the Welfare and Institutions Code: retain for the later of either (i) 20 years after the date of the capacity determination order, or (ii) the court records retention date of the underlying involuntary treatment or commitment proceeding, if any. -(D) Petitions under Chapter 3 (commencing with Section 8100) of Division 8 of the Welfare and Institutions Code for the return of firearms to petitioners who relinquished them to law enforcement while detained in a mental health facility: retain for 10 years. -(13) Eminent domain: retain permanently. -(14) Real property other than unlawful detainer: retain permanently if the action affects title or an interest in real property. -(15) Unlawful detainer: retain for one year if judgment is only for possession of the premises; retain for 10 years if judgment is for money, or money and possession. -(b) Notwithstanding subdivision (a), any civil or small claims case in the trial court: -(1) Involuntarily dismissed by the court for delay in prosecution or failure to comply with state or local rules: retain for one year. -(2) Voluntarily dismissed by a party without entry of judgment: retain for one year. -(c) Criminal actions and proceedings, as follows: -(1) Capital felony in which the defendant is sentenced to death, and any felony resulting in a sentence of life or life without the possibility of parole: retain permanently, including records of the cases of any codefendants and any related cases, regardless of the disposition. For the purpose of this paragraph, “capital felony” means murder with special circumstances when the prosecution seeks the death penalty. Records of the cases of codefendants and related cases required to be retained under this paragraph shall be limited to those cases that are factually linked or related to the charged offense, that are identified in the courtroom, and that are placed on the record. If a capital felony is disposed of by a sentence less than death, or imprisonment for life or life without the possibility of parole, the judgment shall be retained permanently, and the record shall be retained for 50 years or for 10 years after the official written notification of the death of the defendant. If a capital felony is disposed of by an acquittal, the record shall be retained for 10 years. -(2) Felony, except as otherwise specified, and in any felony or misdemeanor case resulting in a requirement that the defendant register as a sex offender under Section 290 of the Penal Code: retain judgment permanently. For all other documents: retain for 50 years or the maximum term of the sentence, whichever is longer. However, any record other than the judgment may be destroyed 10 years after the death of the defendant. Felony case files that do not include final sentencing or other final disposition because the case was bound over from a former municipal court to the superior court and not already consolidated with the superior court felony case file: retain for 10 years from the disposition of the superior court case. -(3) Felony reduced to a misdemeanor: retain in accordance with the retention period for the relevant misdemeanor. -(4) Felony, if the charge is dismissed, except as provided in paragraph (6): retain for three years. -(5) Misdemeanor, if the charge is dismissed, except as provided in paragraph (6): retain for one year. -(6) Dismissal under Section 1203.4 or 1203.4a of the Penal Code: retain for the same retention period as for records of the underlying case. If the records in the underlying case have been destroyed, retain for five years after dismissal. -(7) Misdemeanor, except as otherwise specified: retain for five years. For misdemeanors alleging a violation of Section 23103, 23152, or 23153 of the Vehicle Code: retain for 10 years. -(8) Misdemeanor alleging a marijuana violation under subdivision (c), (d), or (e) of Section 11357 of the Health and Safety Code, or subdivision (b) of Section 11360 of the Health and Safety Code: records shall be destroyed, or redacted in accordance with subdivision (c) of Section 11361.5 of the Health and Safety Code, two years from the date of conviction, or from the date of arrest if no conviction, if the case is no longer subject to review on appeal, all applicable fines and fees have been paid, and the defendant has complied with all terms and conditions of the sentence or grant of probation. However, as provided in subdivision (a) of Section 11361.5 of the Health and Safety Code and paragraph (5) of subdivision (e) of this section, records of a misdemeanor alleging a marijuana violation under subdivision (e) of Section 11357 of the Health and Safety Code shall be retained until the offender attains 18 years of age, at which time the records shall be destroyed as provided in subdivision (c) of Section 11361.5 of the Health and Safety Code. -(9) Misdemeanor reduced to an infraction: retain in accordance with the retention period for the relevant infraction. -(10) Infraction, except as otherwise specified: retain for one year. Vehicle Code infraction: retain for three years. Infraction alleging a marijuana violation under subdivision (b) of Section 11357 of the Health and Safety Code: if records are retained past the one-year minimum retention period, the records shall be destroyed or redacted in accordance with subdivision (c) of Section 11361.5 of the Health and Safety Code two years from the date of conviction, or from the date of arrest if no conviction, if the case is no longer subject to review on appeal, all applicable fines and fees have been paid, and the defendant has complied with all terms and conditions of the sentence or grant of probation. -(11) Criminal protective order: retain until the order expires or is terminated. -(12) Arrest warrant: retain for the same retention period as for records in the underlying case. If there is no underlying case, retain for one year from the date of issue. -(13) Search warrant: -(A) If there is no underlying case, retain for five years from the date of issue. -(B) If there is any underlying case, retain for 10 years from the date of issue or, if the retention period for records in the underlying case is less than 10 years or if the underlying case is a capital felony described in paragraph (1) of subdivision (c), retain for the same retention period as for records in the underlying case. -(14) Probable cause declarations: retain for the same retention period as for records in the underlying case. If there is no underlying case, retain for one year from the date of declaration. -(15) Proceedings for revocation of postrelease community supervision or postrelease parole supervision: retain for five years after the period of supervision expires or is terminated. -(d) Habeas corpus: -(1) Habeas corpus in criminal and family law matters: retain for the same retention period as for records in the underlying case, whether granted or denied. -(2) Habeas corpus in mental health matters: retain all records for the same retention period as for records in the underlying case, whether granted or denied. If there is no underlying case, retain records for 20 years. -(e) Juveniles: -(1) Dependent pursuant to Section 300 of the Welfare and Institutions Code: upon reaching 28 years of age, or on written request, shall be released to the juvenile five years after jurisdiction over the person has terminated under subdivision (a) of Section 826 of the Welfare and Institutions Code. Sealed records shall be destroyed upon court order five years after the records have been sealed pursuant to subdivision (c) of Section 389 of the Welfare and Institutions Code. -(2) Ward pursuant to Section 601 of the Welfare and Institutions Code: upon reaching 21 years of age, or on written request, shall be released to the juvenile five years after jurisdiction over the person has terminated under subdivision (a) of Section 826 of the Welfare and Institutions Code. Sealed records shall be destroyed upon court order five years after the records have been sealed under subdivision (d) of Section 781 of the Welfare and Institutions Code. -(3) Ward pursuant to Section 602 of the Welfare and Institutions Code: upon reaching 38 years of age under subdivision (a) of Section 826 of the Welfare and Institutions Code. Sealed records shall be destroyed upon court order when the subject of the record reaches 38 years of age under subdivision (d) of Section 781 of the Welfare and Institutions Code. -(4) Traffic and some nontraffic misdemeanors and infractions pursuant to Section 601 of the Welfare and Institutions Code: upon reaching 21 years of age, or five years after jurisdiction over the person has terminated under subdivision (c) of Section 826 of the Welfare and Institutions Code. Records may be microfilmed or photocopied. -(5) Marijuana misdemeanor under subdivision (e) of Section 11357 of the Health and Safety Code in accordance with procedures specified in subdivision (a) of Section 11361.5 of the Health and Safety Code: upon reaching 18 years of age, the records shall be destroyed. -(f) Court records of the appellate division of the superior court: retain for five years. -(g) Other records: -(1) Bench warrant: retain for the same retention period as for records in the underlying case. For a bench warrant issued for a misdemeanor, retain records for the same retention period as for records in the underlying misdemeanor following issuance. If there is no return on the warrant, the court may dismiss on its own motion and immediately destroy the records. -(2) Body attachment: retain for same retention period as for records in the underlying case. -(3) Bond: retain for three years after exoneration and release. -(4) Court reporter notes: -(A) Criminal and juvenile proceedings: retain notes for 10 years, except as otherwise specified. Notes reporting proceedings in capital felony cases (murder with special circumstances when the prosecution seeks the death penalty and the sentence is death), including notes reporting the preliminary hearing, shall be retained permanently, unless the Supreme Court on request of the court clerk authorizes the destruction. -(B) Civil and all other proceedings: retain notes for five years. -(5) Electronic recordings made as the official record of the oral proceedings under the California Rules of Court may be destroyed or deleted as follows: -(A) Any time after final disposition of the case in infraction and misdemeanor proceedings. -(B) After 10 years in all other criminal proceedings. -(C) After five years in all other proceedings. -(6) Electronic recordings not made as the official record of the oral proceedings under the California Rules of Court may be destroyed at any time at the discretion of the court. -(7) Fee waiver applications: retain for the same retention period as for records in the underlying case. -(8) Judgments within the jurisdiction of the superior court other than in a limited civil case, misdemeanor case, or infraction case: retain permanently. -(9) Judgments in misdemeanor cases, infraction cases, and limited civil cases: retain for the same retention period as for records in the underlying case. -(10) Juror proceedings, including sanctions: retain for one year. -(11) Minutes: retain for the same retention period as for records in the underlying case. -(12) Orders not associated with an underlying case, such as orders for the destruction of court records for telephone taps, orders to destroy drugs, and other miscellaneous court orders: retain for one year. -(13) Naturalization index: retain permanently. -(14) Index for cases alleging traffic violations: retain for the same retention period as for records in the underlying case. -(15) Index, except as otherwise specified: retain permanently. -(16) Register of actions or docket: retain for the same retention period as for records in the underlying case, but in no event less than 10 years for civil and small claims cases. -(h) Retention of the court records under this section shall be extended by order of the court on its own motion, or on application of a party or an interested member of the public for good cause shown and on those terms as are just. A fee shall not be charged for making the application. -(i) The record retention periods provided in this section, as amended effective January 1, 2014, apply to all court records in existence prior to that date as well as to records created on or after that date.","Existing law authorizes the trial court clerk to destroy court records, as defined, after notice of destruction, if there is no request and order for transfer of the records, upon the expiration of specified time periods after final disposition of the case. Existing law generally provides that court records of a criminal proceeding relating to a misdemeanor violation may be destroyed after 5 years, but that court records of a criminal proceeding relating to a misdemeanor violation for speed contests, driving under the influence of drugs or alcohol, or driving under the influence and causing bodily injury, may be destroyed after 10 years. -This bill would decrease the time period that a court record of a misdemeanor violation for speed contests must be retained before it can be destroyed by the trial court clerk from 10 years to 5 years. The bill would increase the time period that a court record of a misdemeanor violation for reckless driving must be retained before it can be destroyed by the trial court clerk from 5 years to 10 years.","An act to amend Section 68152 of the Government Code, relating to court records." -1058,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as “Caleb’s Law.” -SEC. 2. -It is the Legislature’s intent, to the extent that funds are appropriated for this purpose, that the board encourage all dental sedation providers in California to submit data regarding pediatric sedation events to a pediatric sedation research database maintained by a nonprofit organization. It is the goal of the Legislature that the data submitted will be used to formulate a systems-based approach to improve the quality of services provided to pediatric dental anesthesia patients in outpatient settings. -SEC. 3. -Section 1601.4 is added to the Business and Professions Code, to read: -1601.4. -(a) On or before January 1, 2017, the board shall provide to the Legislature a report on whether current statutes and regulations for the administration and monitoring of pediatric anesthesia in dentistry provide adequate protection for pediatric dental patients. The report shall be submitted in compliance with Section 9795 of the Government Code. The requirement for submitting a report imposed by this subdivision is inoperative on December 1, 2021, pursuant to Section 10231.5 of the Government Code. The board shall make the report publicly available on the board’s Internet Web site. -(b) The board shall provide a report on pediatric deaths related to general anesthesia in dentistry at the time of its sunset review pursuant to subdivision (d) of Section 1601.1. -SEC. 4. -Section 1680 of the Business and Professions Code is amended to read: -1680. -Unprofessional conduct by a person licensed under this chapter is defined as, but is not limited to, any one of the following: -(a) The obtaining of any fee by fraud or misrepresentation. -(b) The employment directly or indirectly of any student or suspended or unlicensed dentist to practice dentistry as defined in this chapter. -(c) The aiding or abetting of any unlicensed person to practice dentistry. -(d) The aiding or abetting of a licensed person to practice dentistry unlawfully. -(e) The committing of any act or acts of sexual abuse, misconduct, or relations with a patient that are substantially related to the practice of dentistry. -(f) The use of any false, assumed, or fictitious name, either as an individual, firm, corporation, or otherwise, or any name other than the name under which he or she is licensed to practice, in advertising or in any other manner indicating that he or she is practicing or will practice dentistry, except that name as is specified in a valid permit issued pursuant to Section 1701.5. -(g) The practice of accepting or receiving any commission or the rebating in any form or manner of fees for professional services, radiograms, prescriptions, or other services or articles supplied to patients. -(h) The making use by the licensee or any agent of the licensee of any advertising statements of a character tending to deceive or mislead the public. -(i) The advertising of either professional superiority or the advertising of performance of professional services in a superior manner. This subdivision shall not prohibit advertising permitted by subdivision (h) of Section 651. -(j) The employing or the making use of solicitors. -(k) The advertising in violation of Section 651. -(l) The advertising to guarantee any dental service, or to perform any dental operation painlessly. This subdivision shall not prohibit advertising permitted by Section 651. -(m) The violation of any of the provisions of law regulating the procurement, dispensing, or administration of dangerous drugs, as defined in Chapter 9 (commencing with Section 4000) or controlled substances, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code. -(n) The violation of any of the provisions of this division. -(o) The permitting of any person to operate dental radiographic equipment who has not met the requirements of Section 1656. -(p) The clearly excessive prescribing or administering of drugs or treatment, or the clearly excessive use of diagnostic procedures, or the clearly excessive use of diagnostic or treatment facilities, as determined by the customary practice and standards of the dental profession. -Any person who violates this subdivision is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than six hundred dollars ($600), or by imprisonment for a term of not less than 60 days or more than 180 days, or by both a fine and imprisonment. -(q) The use of threats or harassment against any patient or licensee for providing evidence in any possible or actual disciplinary action, or other legal action; or the discharge of an employee primarily based on the employee’s attempt to comply with the provisions of this chapter or to aid in the compliance. -(r) Suspension or revocation of a license issued, or discipline imposed, by another state or territory on grounds that would be the basis of discipline in this state. -(s) The alteration of a patient’s record with intent to deceive. -(t) Unsanitary or unsafe office conditions, as determined by the customary practice and standards of the dental profession. -(u) The abandonment of the patient by the licensee, without written notice to the patient that treatment is to be discontinued and before the patient has ample opportunity to secure the services of another dentist, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions and provided the health of the patient is not jeopardized. -(v) The willful misrepresentation of facts relating to a disciplinary action to the patients of a disciplined licensee. -(w) Use of fraud in the procurement of any license issued pursuant to this chapter. -(x) Any action or conduct that would have warranted the denial of the license. -(y) The aiding or abetting of a licensed dentist, dental assistant, registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions to practice dentistry in a negligent or incompetent manner. -(z) (1) The failure to report to the board in writing within seven days any of the following: (A) the death of his or her patient during the performance of any dental or dental hygiene procedure; (B) the discovery of the death of a patient whose death is related to a dental or dental hygiene procedure performed by him or her; or (C) except for a scheduled hospitalization, the removal to a hospital or emergency center for medical treatment of any patient to whom oral conscious sedation, conscious sedation, or general anesthesia was administered, or any patient as a result of dental or dental hygiene treatment. With the exception of patients to whom oral conscious sedation, conscious sedation, or general anesthesia was administered, removal to a hospital or emergency center that is the normal or expected treatment for the underlying dental condition is not required to be reported. Upon receipt of a report pursuant to this subdivision the board may conduct an inspection of the dental office if the board finds that it is necessary. A dentist shall report to the board all deaths occurring in his or her practice with a copy sent to the Dental Hygiene Committee of California if the death was the result of treatment by a registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions. A registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions shall report to the Dental Hygiene Committee of California all deaths occurring as the result of dental hygiene treatment, and a copy of the notification shall be sent to the board. -(2) The report required by this subdivision shall be on a form or forms approved by the board. The form or forms approved by the board shall require the licensee to include, but not be limited to, the following information for cases in which patients received anesthesia: the date of the procedure; the patient’s age in years and months, weight, and sex; the patient’s American Society of Anesthesiologists (ASA) physical status; the patient’s primary diagnosis; the patient’s coexisting diagnoses; the procedures performed; the sedation setting; the medications used; the monitoring equipment used; the category of the provider responsible for sedation oversight; the category of the provider delivering sedation; the category of the provider monitoring the patient during sedation; whether the person supervising the sedation performed one or more of the procedures; the planned airway management; the planned depth of sedation; the complications that occurred; a description of what was unexpected about the airway management; whether there was transportation of the patient during sedation; the category of the provider conducting resuscitation measures; and the resuscitation equipment utilized. Disclosure of individually identifiable patient information shall be consistent with applicable law. A report required by this subdivision shall not be admissible in any action brought by a patient of the licensee providing the report. -(3) For the purposes of paragraph (2), categories of provider are: General Dentist, Pediatric Dentist, Oral Surgeon, Dentist Anesthesiologist, Physician Anesthesiologist, Dental Assistant, Registered Dental Assistant, Dental Sedation Assistant, Registered Nurse, Certified Registered Nurse Anesthetist, or Other. -(4) The form shall state that this information shall not be considered an admission of guilt, but is for educational, data, or investigative purposes. -(5) The board may assess a penalty on any licensee who fails to report an instance of an adverse event as required by this subdivision. The licensee may dispute the failure to file within 10 days of receiving notice that the board had assessed a penalty against the licensee. -(aa) Participating in or operating any group advertising and referral services that are in violation of Section 650.2. -(ab) The failure to use a fail-safe machine with an appropriate exhaust system in the administration of nitrous oxide. The board shall, by regulation, define what constitutes a fail-safe machine. -(ac) Engaging in the practice of dentistry with an expired license. -(ad) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of bloodborne infectious diseases from dentist, dental assistant, registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions to patient, from patient to patient, and from patient to dentist, dental assistant, registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. The board shall review infection control guidelines, if necessary, on an annual basis and proposed changes shall be reviewed by the Dental Hygiene Committee of California to establish a consensus. The committee shall submit any recommended changes to the infection control guidelines for review to establish a consensus. As necessary, the board shall consult with the Medical Board of California, the California Board of Podiatric Medicine, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision. -The board shall seek to ensure that all appropriate dental personnel are informed of the responsibility to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of bloodborne infectious diseases. -(ae) The utilization by a licensed dentist of any person to perform the functions of any registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions who, at the time of initial employment, does not possess a current, valid license or permit to perform those functions. -(af) The prescribing, dispensing, or furnishing of dangerous drugs or devices, as defined in Section 4022, in violation of Section 2242.1. -SEC. 5. -Section 1682 of the Business and Professions Code is amended to read: -1682. -In addition to other acts constituting unprofessional conduct under this chapter, it is unprofessional conduct for: -(a) Any dentist performing dental procedures to have more than one patient undergoing conscious sedation or general anesthesia on an outpatient basis at any given time unless each patient is being continuously monitored on a one-to-one ratio while sedated by either the dentist or another licensed health professional authorized by law to administer conscious sedation or general anesthesia. -(b) Any dentist with patients recovering from conscious sedation or general anesthesia to fail to have the patients closely monitored by licensed health professionals experienced in the care and resuscitation of patients recovering from conscious sedation or general anesthesia. If one licensed professional is responsible for the recovery care of more than one patient at a time, all of the patients shall be physically in the same room to allow continuous visual contact with all patients and the patient to recovery staff ratio should not exceed three to one. -(c) Any dentist with patients who are undergoing conscious sedation to fail to have these patients continuously monitored during the dental procedure with a pulse oximeter or similar or superior monitoring equipment required by the board. -(d) Any dentist with patients who are undergoing conscious sedation to have dental office personnel directly involved with the care of those patients who are not certified in basic cardiac life support (CPR) and recertified biennially. -(e) (1) Any dentist to fail to obtain the written informed consent of a patient prior to administering general anesthesia or conscious sedation. In the case of a minor, the consent shall be obtained from the child’s parent or guardian. -(2) The written informed consent, in the case of a minor, shall include, but not be limited to, the following information: -“The administration and monitoring of general anesthesia may vary depending on the type of procedure, the type of practitioner, the age and health of the patient, and the setting in which anesthesia is provided. Risks may vary with each specific situation. You are encouraged to explore all the options available for your child’s anesthesia for his or her dental treatment, and consult with your dentist or pediatrician as needed.” -(3) Nothing in this subdivision shall be construed to establish the reasonable standard of care for administering or monitoring oral conscious sedation, conscious sedation, or general anesthesia.","The Dental Practice Act provides for the licensure and regulation of dentists by the Dental Board of California. That act authorizes a committee of the board to evaluate all suggestions or requests for regulatory changes related to the committee and to hold informational hearings in order to report and make appropriate recommendations to the board, after consultation with departmental legal counsel and the board’s chief executive officer. The act requires a committee to include in any report regarding a proposed regulatory change, at a minimum, the specific language or the proposed change or changes and the reasons therefor, and any facts supporting the need for the change. -The act governs the use of general anesthesia, conscious sedation, and oral conscious sedation for pediatric and adult patients. The act makes it unprofessional conduct for a licensee to fail to report the death of a patient, or removal of a patient to a hospital or emergency center for medical treatment, that is related to a dental procedure, as specified. The act also makes it unprofessional conduct for any dentist to fail to obtain the written informed consent of a patient prior to administering general anesthesia or conscious sedation. In the case of a minor, the act requires that the consent be obtained from the child’s parent or guardian. -This bill, which would be known as “Caleb’s Law,” would require the board, on or before January 1, 2017, to provide to the Legislature a report on whether current statutes and regulations for the administration and monitoring of pediatric anesthesia in dentistry provide adequate protection for pediatric dental patients and would require the board to make the report publicly available on the board’s Internet Web site. The bill also would require the board to provide a report on pediatric deaths related to general anesthesia in dentistry at the time of its sunset review by the appropriate policy committees of the Legislature. -This bill would require that the report of the death of a patient, or removal of a patient to a hospital or emergency center for medical treatment, be on a form or forms approved by the board and that the report include specified information. The bill authorizes the board to assess a penalty on any licensee who fails to make the required report. -This bill, with regard to obtaining written informed consent for general anesthesia or conscious sedation in the case of a minor, would require that the written informed consent include specified information regarding anesthesia, as provided.","An act to amend Sections 1680 and 1682 of, and to add Section 1601.4 to, the Business and Professions Code, relating to healing arts." -1059,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 44253.4 of the Education Code is amended to read: -44253.4. -(a) The commission shall issue an authorization for a teacher to provide all of the following services to limited-English-proficient pupils: -(1) Instruction for English language development in preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults, except when the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit pursuant to Sections 8363 and 44252.7, a children’s center supervision permit pursuant to Section 8363, or a designated subjects teaching credential in adult education pursuant to Section 44260.2. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit, or a children’s center supervision permit, then instruction for English language development shall be limited to the programs authorized by that permit. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a designated subjects teaching credential in adult education, then instruction for English language development shall be limited to classes organized primarily for adults. -(2) Specially designed content instruction delivered in English in the subjects and at the levels authorized by the teacher’s prerequisite credential or permit used to satisfy the requirement specified in paragraph (1) of subdivision (b). -(3) Content instruction delivered in the pupil’s primary language in the subjects and at the levels authorized by the teacher’s prerequisite credential or permit used to satisfy the requirement specified in paragraph (1) of subdivision (b). -(4) Instruction for primary language development in preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults, except when the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit, a children’s center supervision permit, or a designated subjects teaching credential in adult education. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit or a children’s center supervision permit, then instruction for primary language development is limited to the programs authorized by that permit. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a designated subjects teaching credential in adult education, then instruction for primary language development is limited to classes organized primarily for adults. -(b) The minimum requirements for the authorization, which may be completed at the same time as the initial preparation for the prerequisite credential or at a later date, shall include both of the following: -(1) Possession of a valid California teaching credential, services credential, visiting faculty permit, children’s center instructional permit, or children’s center supervision permit which credential or permit authorizes the holder to provide instruction to pupils in preschool, kindergarten, any of grades 1 to 12, inclusive, or classes primarily organized for adults, except for the following: -(A) Emergency credentials or permits. -(B) Exchange credentials as specified in Section 44333. -(C) District intern credentials as specified in Section 44325. -(D) Sojourn certificated employee credentials as specified in Section 44856. -(E) Teacher education internship credentials as specified in Article 3 (commencing with Section 44450) of Chapter 3. -(2) Passage of one or more examinations, or by completing an approved program that consists of coursework or a combination of coursework and examinations, that the commission determines is necessary for demonstrating the knowledge, skills, and language proficiency required for effective delivery of the services included in the authorization. -(c) To earn the authorization, teachers who hold the authorization described in Section 44253.3, or in Article 3.5 (commencing with Section 44475) of Chapter 3, as that section and that article existed on December 31, 1992, shall not be required to pass examinations that primarily assess the skills and knowledge necessary for effective delivery of the services included in the authorizations they possess. -(d) The authorization shall remain valid as long as the prerequisite credential or permit specified in paragraph (1) of subdivision (b) remains valid. -(e) The commission initially shall issue authorizations for languages spoken by the largest numbers of limited-English-proficient pupils for which there are reasonable numbers of teachers or potential teachers who speak those languages. The commission shall explore alternative ways to make authorizations available for other languages. -(f) A teacher who possesses a credential or permit described in paragraph (1) of subdivision (b) and who is able to present a valid out-of-state credential or certificate that authorizes content instruction delivered in a pupil’s primary language may qualify for the authorization issued pursuant to this section by submitting an application and a fee to the commission.","Existing law requires the Commission on Teacher Credentialing to issue authorizations for a teacher to provide specific services to limited-English-proficient pupils, if certain minimum requirements are met. -This bill would provide that a teacher who possesses any of several specified California credentials or permits, and who is able to present a valid out-of-state credential or certificate that authorizes content instruction delivered in a pupil’s primary language, may qualify for that authorization by submitting an application and a fee to the commission.","An act to amend Section 44253.4 of the Education Code, relating to teacher credentialing." -1060,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the California Heritage Protection Act. -SEC. 2. -The Legislature finds and declares all of the following: -(a) National, state, and regional parks serve the public interest, benefit California, and very often reflect historic significance that earlier generations of Californians have attached to these sites. -(b) Yosemite National Park, located in California, is one of the most important and majestic parks in the United States and is filled with historic landmarks built several decades ago. The historic nature of these landmarks as California heirloom destinations is demonstrated by topographic maps of the Yosemite Valley, dating back to the 1950s, which include these venues. -(c) The Ahwahnee Hotel was built in the 1920s with a backdrop of Half Dome. It was placed on the National Register of Historic Places in 1977. -(d) Curry Village, in the Yosemite Valley, is named after a San Francisco Bay area couple who established a summer camp there in 1899. It was placed on the National Register of Historic Places in 1979. -(e) The Wawona Hotel is a complex of seven buildings in the southwest corner of Yosemite National Park. The first building, then named “Long White,” was originally constructed in 1876. The main hotel building originally opened in 1879. It was placed on the National Register of Historic Places in 1975. -(f) California state park venues are held in public trust for the people of California. A legal claim by an individual to have a trademark right to a name or names associated with a venue within a state park derogates the interests of California and the shared history of Californians, and it is indicative of a lack of the individual’s fitness to serve as a steward of the state’s cherished cultural heritage and places. -(g) An agreement entered into by any California state agency that compromises the interests of Californians is “ultra vires” and therefore beyond that agency’s legal authority to enter. -(h) It is important that the Legislature clarify that an awarded concession contract within California’s state parks does not give the concessionaire a trademark right to the name or names associated with a state park venue or its historical, cultural, or recreational resources. Furthermore, a concessionaire who makes a legal claim to have that trademark right should be disqualified from further consideration as a bidder. -SEC. 3. -Section 5080.05 of the Public Resources Code is amended to read: -5080.05. -(a) Except as provided in Section 5080.16, all contracts authorizing occupancy of any portion of the state park system for a period of more than two years shall be awarded to the best responsible bidder. -(b) “Best responsible bidder” means the bidder, as determined by specific standards established by the department, that, as determined by the department, will operate the concession (1) consistent with the contract, (2) in a manner fully compatible with, and complementary to, the characteristics, features, and theme of the unit in which the concession will be operated, (3) in the best interests of the state and public, and (4) in a manner that protects the state’s trademark and service mark rights in the names associated with a state park venue and its historical, cultural, and recreational resources. For purposes of this section, a bidder who would be subject to subdivision (b) of Section 5080.22 is not a best responsible bidder. -SEC. 4. -Section 5080.18 of the Public Resources Code is amended to read: -5080.18. -A concession contract entered into pursuant to this article shall contain, but is not limited to, all of the following provisions: -(a) (1) The maximum term shall be 10 years, except that a term of more than 10 years may be provided if the director determines that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire, to facilitate the full utilization of a structure that is scheduled by the department for replacement or redevelopment, or to serve the best interests of the state. The term shall not exceed 20 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements. -(2) The maximum term shall be 50 years if the concession contract is for the construction, development, and operation of multiple-unit lodging facilities equipped with full amenities, including plumbing and electrical, that is anticipated to exceed an initial cost of one million five hundred thousand dollars ($1,500,000) in capital improvements in order to begin operation. The term for a concession contract described in this paragraph shall not exceed 50 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements. -(3) Notwithstanding paragraph (1), a concession agreement at Will Rogers State Beach executed prior to December 31, 1997, including, but not limited to, an agreement signed pursuant to Section 25907 of the Government Code, may be extended to exceed 20 years in total length without specific authorization by statute, upon approval by the director and pursuant to a determination by the director that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire that are anticipated to exceed one million five hundred thousand dollars ($1,500,000) in capital improvements. Any extensions granted pursuant to this paragraph shall not be for more than 15 years. -(b) Every concessionaire shall submit to the department all sales and use tax returns and, at the request of the department, provide an annual financial statement prepared or audited by a certified public accountant. -(c) Every concession shall be subject to audit by the department. -(d) A performance bond shall be obtained and maintained by the concessionaire. In lieu of a bond, the concessionaire may substitute a deposit of funds acceptable to the department. Interest on the deposit shall accrue to the concessionaire. -(e) The concessionaire shall obtain and maintain in force at all times a policy of liability insurance in an amount adequate for the nature and extent of public usage of the concession and naming the state as an additional insured. -(f) Any discrimination by the concessionaire or his or her agents or employees against any person because of the marital status or ancestry of that person or any characteristic listed or defined in Section 11135 of the Government Code is prohibited. -(g) To be effective, any modification of the concession contract shall be evidenced in writing. -(h) Whenever a concession contract is terminated for substantial breach, there shall be no obligation on the part of the state to purchase any improvements made by the concessionaire. -(i) If a concessionaire makes a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a) of Section 5080.22, the concessionaire shall forfeit the right to bid on future state park concession contracts to the extent authorized by federal law. -(j) If a current or former concessionaire in bad faith files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies an association with a state park venue, or its historical, cultural, or recreational resources, and the state files a successful opposition or cancellation with respect to that trademark or service mark application, the concessionaire shall be responsible for the state’s attorney fees, costs, and expenses associated with that opposition or cancellation. -SEC. 4.5. -Section 5080.18 of the Public Resources Code is amended to read: -5080.18. -A concession contract entered into pursuant to this article shall contain, but is not limited to, all of the following provisions: -(a) (1) The maximum term shall be 10 years, except that a term of more than 10 years may be provided if the director determines that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire, to facilitate the full utilization of a structure that is scheduled by the department for replacement or redevelopment, or to serve the best interests of the state. The term shall not exceed 20 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements. -(2) The maximum term shall be 50 years if the concession contract is for the construction, development, and operation of multiple-unit lodging facilities equipped with full amenities, including plumbing and electrical, that is anticipated to exceed an initial cost of one million five hundred thousand dollars ($1,500,000) in capital improvements in order to begin operation. The term for a concession contract described in this paragraph shall not exceed 50 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements. -(3) Notwithstanding paragraph (1), a concession agreement at Will Rogers State Beach may be may be awarded for up to 50 years in length without specific authorization by statute, upon approval by the director and pursuant to a determination by the director that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire that are anticipated to exceed one million five hundred thousand dollars ($1,500,000) in capital improvements. -(b) Every concessionaire shall submit to the department all sales and use tax returns and, at the request of the department, provide an annual financial statement prepared or audited by a certified public accountant. -(c) Every concession shall be subject to audit by the department. -(d) A performance bond shall be obtained and maintained by the concessionaire. In lieu of a bond, the concessionaire may substitute a deposit of funds acceptable to the department. Interest on the deposit shall accrue to the concessionaire. -(e) The concessionaire shall obtain and maintain in force at all times a policy of liability insurance in an amount adequate for the nature and extent of public usage of the concession and naming the state as an additional insured. -(f) Any discrimination by the concessionaire or his or her agents or employees against any person because of the marital status or ancestry of that person or any characteristic listed or defined in Section 11135 of the Government Code is prohibited. -(g) To be effective, any modification of the concession contract shall be evidenced in writing. -(h) Whenever a concession contract is terminated for substantial breach, there shall be no obligation on the part of the state to purchase any improvements made by the concessionaire. -(i) If a concessionaire makes a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a) of Section 5080.22, the concessionaire shall forfeit the right to bid on future state park concession contracts to the extent authorized by federal law. -(j) If a current or former concessionaire in bad faith files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies an association with a state park venue, or its historical, cultural, or recreational resources, and the state files a successful opposition or cancellation with respect to that trademark or service mark application, the concessionaire shall be responsible for the state’s attorney fees, costs, and expenses associated with that opposition or cancellation. -SEC. 5. -Section 5080.22 is added to the Public Resources Code, to read: -5080.22. -(a) (1) A concession contract awarded pursuant to Section 5080.05, 5080.16, or 5080.23 shall not provide the contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, and shall not serve as the basis for any legal claim that the contracting party has that interest. -(2) This subdivision does not constitute a change in, but is declaratory of, existing law. -(b) To the extent consistent with federal law, a bidder shall not be awarded a contract pursuant to Section 5080.05, 5080.16, or 5080.23 if either of the following applies: -(1) The bidder has made a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a). -(2) A court has determined that the bidder has made a legal claim or assertion to have a trademark or service mark interest in the name or names associated with a state or federal park venue, or its historical, cultural, or recreational resources, without reasonable cause and in bad faith. -(c) The department shall adopt regulations to provide a bidder who is denied a contract award based on subdivision (b) with written notice of that denial and an opportunity to rebut the basis for the contract denial at a formal hearing. -(d) Commencing January 1, 2017, a provision of a contract or other agreement entered into pursuant to Section 5080.05, 5080.16, or 5080.23 that violates subdivision (a) shall be void and unenforceable. -(e) This section shall not be construed to impact a contracting party’s valid trademark or service mark rights that were held before the concession contract was awarded. -SEC. 6. -Section 4.5 of this bill incorporates amendments to Section 5080.18 of the Public Resources Code proposed by both this bill and Senate Bill 1473. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5080.18 of the Public Resources Code, and (3) this bill is enacted after Senate Bill 1473, in which case Section 4 of this bill shall not become operative.","Existing law establishes the Department of Parks and Recreation and vests the department with the control of the state park system. Existing law authorizes the Director of Parks and Recreation to negotiate or renegotiate a concession contract within state parks if specified conditions exist and generally requires that a concession contract within state parks for a period of more than 2 years be awarded to the best responsible bidder. -This bill would enact the California Heritage Protection Act, which would make various changes to the process for negotiating or renegotiating state parks concession contracts. The bill would modify the definition of a best responsible bidder to include that the bidder, among other things, will operate the concession in a manner that protects the state’s trademark and service mark interest in the names associated with a state park venue and its historical, cultural, and recreational resources. -This bill would prohibit a concession contract from providing a contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, and would prohibit a concession contract from serving as the basis for any legal claim that the contracting party has that interest. The bill would declare that these provisions do not constitute a change in, but are declaratory of, existing law. The bill would prohibit a bidder who makes that legal claim or assertion, and a bidder who a court has determined has made that legal claim or assertion with respect to a state or federal park venue without reasonable cause and in bad faith, from being awarded a concession contract within state parks. The bill would require the department to adopt regulations to provide a bidder who is denied a contract award based on these reasons with written notice and an opportunity to rebut the basis of the contract denial at a formal hearing. The bill would render a provision of a concession contract that, on and after January 1, 2017, provides a contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, void and unenforceable. -This bill would require a concession contract to contain provisions requiring the concessionaire to forfeit the right to bid on future state park concession contracts if the concessionaire makes the above-described legal claim or assertion and requiring a concessionaire to be responsible for the state’s attorney fees, costs, and expenses if the concessionaire in bad faith files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies association with a state park venue, or its historical, cultural, or recreational resources, and the state files a successful opposition or cancellation of the trademark or service mark application. -This bill would incorporate additional changes to Section 5080.18 of the Public Resources Code proposed by SB 1473 to be operative only if SB 1473 and this bill are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Sections 5080.05 and 5080.18 of, and to add Section 5080.22 to, the Public Resources Code, relating to state parks." -1061,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 301 of the Elections Code is amended to read: -301. -A “ballot” means any of the following: -(a) The combination of a card with number positions that is marked by the voter and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card. -(b) One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area. -(c) One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment. -(d) An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen for systems that do not contain a paper ballot. -SEC. 2. -Section 303.3 of the Elections Code is amended to read: -303.3. -“Remote accessible vote by mail system” means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time. -SEC. 3. -Section 305.5 is added to the Elections Code, to read: -305.5. -“Paper cast vote record” means an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. A paper cast vote record is not a ballot. -SEC. 4. -Section 362 of the Elections Code is amended to read: -362. -“Voting system” means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. “Voting system” does not include a remote accessible vote by mail system. -SEC. 5. -Section 19271 of the Elections Code is amended to read: -19271. -As used in this article: -(a) “Accessible” means that the information provided on the paper cast vote record from the voter verified paper audit trail mechanism is provided or conveyed to voters via both a visual and a nonvisual method, such as through an audio component. -(b) “Direct recording electronic voting system” means a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot. -(c) “Voter verified paper audit trail” means a paper cast vote record containing a copy of each of the voter’s selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot. -(d) “Paper cast vote record” means an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. A paper cast vote record is not a ballot. -(e) “Parallel monitoring” means the testing of a randomly selected sampling of voting equipment on election day designed to simulate actual election conditions to confirm that the system is registering votes accurately. -SEC. 6. -The heading of Chapter 3.5 (commencing with Section 19280) of Division 19 of the Elections Code is amended to read: -CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems -SEC. 7. -Section 19280 of the Elections Code is amended to read: -19280. -The Secretary of State shall not certify or conditionally approve a remote accessible vote by mail system, or part of a remote accessible vote by mail system, unless it fulfills the requirements of this code and the regulations of the Secretary of State. -SEC. 8. -Section 19281 of the Elections Code is amended to read: -19281. -(a) A remote accessible vote by mail system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to the election at which it is to be first used. -(b) All other uses of a remote accessible vote by mail system shall be subject to the provisions of Section 19202. -SEC. 9. -Section 19282 of the Elections Code is repealed. -SEC. 10. -Section 19283 of the Elections Code is amended to read: -19283. -(a) The Secretary of State shall adopt and publish standards and regulations governing the use of remote accessible vote by mail systems. -(b) Remote accessible vote by mail system standards adopted by the Secretary of State pursuant to subdivision (a) shall include, but not be limited to, all of the following requirements: -(1) The machine or device and its software shall be suitable for the purpose for which it is intended. -(2) The remote accessible vote by mail system shall preserve the secrecy of the ballot. -(3) The remote accessible vote by mail system shall be safe from fraud or manipulation. -(4) The remote accessible vote by mail system shall be accessible to voters with disabilities and to voters who require assistance in a language other than English if the language is one in which a ballot or ballot materials are required to be made available to voters. -SEC. 11. -Section 19284 of the Elections Code is amended to read: -19284. -(a) A person, corporation, or public agency owning or having an interest in the sale or acquisition of a remote accessible vote by mail system or a part of a remote accessible vote by mail system may apply to the Secretary of State for certification or conditional approval that includes testing and examination of the applicant’s system and a report on the findings, which shall include the accuracy and efficiency of the remote accessible vote by mail system. As part of its application, the applicant of a remote accessible vote by mail system or a part of a remote accessible vote by mail system shall notify the Secretary of State in writing of any known defect, fault, or failure of the version of the hardware, software, or firmware of the remote accessible vote by mail system or a part of the remote accessible vote by mail system submitted. The Secretary of State shall not begin his or her certification process until he or she receives a completed application from the applicant of the remote accessible vote by mail system or a part of the remote accessible vote by mail system. The applicant shall also notify the Secretary of State in writing of any defect, fault, or failure of the version of the hardware, software, or firmware of the ballot marking system or a part of the ballot marking system submitted that is discovered after the application is submitted and before the Secretary of State submits the report required by Section 19288. The Secretary of State shall complete his or her examination without undue delay. -(b) After receiving an applicant’s written notification of a defect, fault, or failure, the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State by the applicant. -(c) As used in this chapter: -(1) “Defect” means any flaw in the hardware or documentation of a remote accessible vote by mail system that could result in a state of unfitness for use or nonconformance to the manufacturer’s specifications or applicable law. -(2) “Failure” means a discrepancy between the external results of the operation of any software or firmware in a remote accessible vote by mail system and the manufacturer’s product requirements for that software or firmware or applicable law. -(3) “Fault” means a step, process, or data definition in any software or firmware in a ballot marking system that is incorrect under the manufacturer’s program specification or applicable law. -SEC. 12. -Section 19285 of the Elections Code is amended to read: -19285. -The Secretary of State shall use a state-approved testing agency or expert technicians to examine remote accessible vote by mail systems proposed for use or sale in this state. He or she shall furnish a complete report of the findings of the examination and testing to the Governor and the Attorney General. -SEC. 13. -Section 19286 of the Elections Code is amended to read: -19286. -The person, corporation, or public agency applying for certification of a remote accessible vote by mail system is responsible for all costs associated with the testing and examination of the remote accessible vote by mail system. -SEC. 14. -Section 19287 of the Elections Code is amended to read: -19287. -(a) Prior to publishing his or her decision to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system, the Secretary of State shall provide for a 30-day public review period and conduct a public hearing to give interested persons an opportunity to review testing and examination reports and express their views for or against certification or conditional approval of the remote accessible vote by mail system. -(b) The Secretary of State shall give notice of the public review period and hearing in the manner prescribed in Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State shall also provide notice of the hearing on his or her Internet Web site. The Secretary of State shall transmit written notice of the hearing, at least 14 days prior to the public review period and hearing, to each county elections official, to any person that the Secretary of State believes will be interested in the public review period and hearing, and to any person who requests, in writing, notice of the public review period and hearing. -(c) The decision of the Secretary of State to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system shall be in writing and shall state the findings of the Secretary of State. The decision shall be open to public inspection. -SEC. 15. -Section 19288 of the Elections Code is amended to read: -19288. -Within 60 days after the completion of the examination of a remote accessible vote by mail system, the Secretary of State shall make publicly available a report stating whether the remote accessible vote by mail system has been certified or conditionally approved, or whether certification has been withheld. -SEC. 16. -Section 19290 of the Elections Code is amended to read: -19290. -(a) If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, the vendor or, in cases where the system is publicly owned, the jurisdiction shall notify the Secretary of State and all local elections officials who use the system in writing of any defect, fault, or failure of the hardware, software, or firmware of the system or a part of the system within 30 calendar days after the vendor or jurisdiction learns of the defect, fault, or failure. -(b) After receiving written notification of a defect, fault, or failure pursuant to subdivision (a), the Secretary of State shall notify the United States Election Assistance Commission or its successor agency of the problem as soon as practicable so as to present a reasonably complete description of the problem. The Secretary of State shall subsequently submit a report regarding the problem to the United States Election Assistance Commission or its successor agency. The report shall include any report regarding the problem submitted to the Secretary of State. -SEC. 17. -Section 19291 of the Elections Code is amended to read: -19291. -If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, it shall not be changed or modified until the Secretary of State has been notified in writing and has determined that the change or modification does not impair its accuracy and efficiency sufficient to require a reexamination and recertification or reapproval pursuant to this chapter. The Secretary of State may adopt rules and regulations governing the procedures to be followed in making his or her determination as to whether the change or modification impairs accuracy or efficiency. -SEC. 18. -Section 19292 of the Elections Code is amended to read: -19292. -The Secretary of State may seek injunctive and administrative relief if a remote accessible vote by mail system has been compromised by the addition or deletion of hardware, software, or firmware without prior approval or is defective due to a known hardware, software, or firmware defect, fault, or failure that has not been disclosed pursuant to Section 19284 or 19290. -SEC. 19. -Section 19293 of the Elections Code is amended to read: -19293. -(a) The Secretary of State may seek all of the following relief for an unauthorized change in hardware, software, or firmware in a remote accessible vote by mail system certified or conditionally approved in California: -(1) A civil penalty from the offending party or parties, not to exceed ten thousand dollars ($10,000) per violation. For purposes of this subdivision, each remote accessible vote by mail system component found to contain the unauthorized hardware, software, or firmware shall be considered a separate violation. A penalty imposed pursuant to this subdivision shall be apportioned 50 percent to the county in which the violation occurred, if applicable, and 50 percent to the office of the Secretary of State for purposes of bolstering remote accessible vote by mail system security efforts. -(2) Immediate commencement of proceedings to withdraw certification or conditional approval for the remote accessible vote by mail system in question. -(3) Prohibiting the manufacturer or vendor of a remote accessible vote by mail system from doing elections-related business in the state for one, two, or three years. -(4) Refund of all moneys paid by a local agency for a remote accessible vote by mail system or a part of a remote accessible vote by mail system that is compromised by an unauthorized change or modification, whether or not the remote accessible vote by mail system has been used in an election. -(5) Any other remedial actions authorized by law to prevent unjust enrichment of the offending party. -(b) (1) The Secretary of State may seek all of the following relief for a known but undisclosed defect, fault, or failure in a remote accessible vote by mail system or part of a remote accessible vote by mail system certified or conditionally approved in California: -(A) Refund of all moneys paid by a local agency for a remote accessible vote by mail system or part of a remote accessible vote by mail system that is defective due to a known but undisclosed defect, fault, or failure, whether or not the remote accessible vote by mail system has been used in an election. -(B) A civil penalty from the offending party or parties, not to exceed fifty thousand dollars ($50,000) per violation. For purposes of this subdivision, each defect, fault, or failure shall be considered a separate violation. A defect, fault, or failure constitutes a single violation regardless of the number of remote accessible vote by mail system units in which the defect, fault, or failure is found. -(C) In addition to any other penalties or remedies established by this section, the offending party or parties shall be liable in the amount of one thousand dollars ($1,000) per day after the applicable deadline established in Section 19290 until the required disclosure is filed with the Secretary of State. -(2) A penalty imposed pursuant to subparagraph (B) or (C) of paragraph (1) shall be deposited in the General Fund. -(c) Before seeking any measure of relief under this section, the Secretary of State shall hold a public hearing. The Secretary of State shall give notice of the hearing in the manner prescribed by Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State also shall transmit written notice of the hearing, at least 30 days prior to the hearing, to each county elections official, the offending party or parties, any persons that the Secretary of State believes will be interested in the hearing, and any persons who request, in writing, notice of the hearing. -(d) The decision of the Secretary of State to seek relief under this section shall be in writing and state his or her findings. The decision shall be open to public inspection. -SEC. 20. -Section 19294 of the Elections Code is amended to read: -19294. -(a) The Secretary of State may seek injunctive relief requiring an elections official, or any vendor or manufacturer of a remote accessible vote by mail system, to comply with the requirements of this code, the regulations of the Secretary of State, and the specifications for the ballot marking system and its software, including the programs and procedures for vote marking and testing. -(b) Venue for a proceeding under this section shall be exclusively in Sacramento County. -SEC. 21. -Section 19295 of the Elections Code is amended to read: -19295. -A remote accessible vote by mail system or part of a remote accessible vote by mail system shall not do any of the following: -(a) Have the capability, including an optional capability, to use a remote server to mark a voter’s selections transmitted to the server from the voter’s computer via the Internet. -(b) Have the capability, including an optional capability, to store any voter identifiable selections on any remote server. -(c) Have the capability, including the optional capability, to tabulate votes.","Existing law regulates the voting procedures for military or overseas voters and provides that a military or overseas voter has the right to register for, and to vote by a vote by mail ballot in, any election within the state. Existing law defines a “ballot marking system” as any mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking a ballot for a military or overseas voter. -This bill would rename a “ballot marking system” as a “remote accessible vote by mail system.” The bill would define a “remote accessible vote by mail system” as a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot remotely, outside a polling location, for a voter with disabilities or a military or overseas voter who would then be required to print the paper cast vote record to be submitted to the elections official. The bill would also make conforming changes.","An act to amend Sections 301, 303.3, 362, 19271, 19280, 19281, 19283, 19284, 19285, 19286, 19287, 19288, 19290, 19291, 19292, 19293, 19294, and 19295 of, to amend the heading of Chapter 3.5 (commencing with Section 19280) of Division 19 of, to add Section 305.5 to, and to repeal Section 19282 of the Elections Code, relating to elections." -1062,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 54954.2 of the Government Code is amended to read: -54954.2. -(a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s Internet Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. -(2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site, the following provisions shall apply: -(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu. -(B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements: -(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications. -(ii) Platform independent and machine readable. -(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda. -(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met: -(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state. -(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019. -(iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform. -(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B). -(D) For the purposes of this paragraph, both of the following definitions shall apply: -(i) “Integrated agenda management platform” means an Internet Web site of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public. -(ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952. -(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state. -(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. -(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. -(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5. -(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). -(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. -(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. -(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards: -(1) A legislative body as that term is defined by subdivision (a) of Section 54952. -(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. -SEC. 2. -The Legislature finds and declares that Section 1 of this act, which amends Section 54954.2 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: -It is in the public interest to ensure that members of the public can easily and quickly find and access meeting agendas of legislative bodies of specific local agencies on the Internet homepage of those certain local agencies. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","(1) The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act further requires the legislative body of a local agency to post, at least 72 hours before the meeting, an agenda containing a brief general description of each item of business to be transacted or discussed at a regular meeting, in a location that is freely accessible to members of the public and to provide a notice containing similar information with respect to a special meeting at least 24 hours prior to the special meeting. The act requires that the agenda or notice be freely accessible to members of the public and be posted on the local agency’s Internet Web site, if the local agency has one. -This bill would require an online posting of an agenda for a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site to be posted on the local agency’s primary Internet Web site homepage accessible through a prominent, direct link, as specified. The bill would exempt a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site from this requirement if it has an integrated agenda management platform that meets specified requirements, including, among others, that the current agenda is the first agenda available at the top of the integrated agenda management platform. The bill would authorize an integrated agenda management platform to include prior meeting agendas, as specified. The bill would require any agenda posted pursuant to these provisions to be in an open format that meets specified requirements, including, among others, that the agenda is platform independent and machine readable. The bill would also define terms for these purposes. -(2) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. -This bill would make legislative findings to that effect. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 54954.2 of the Government Code, relating to local government." -1063,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1513 of the Code of Civil Procedure is amended to read: -1513. -(a) Subject to Sections 1510 and 1511, the following property held or owing by a business association escheats to this state: -(1) (A) Except as provided in paragraph (6), any demand, savings, or matured time deposit, or account subject to a negotiable order of withdrawal, made with a banking organization, together with any interest or dividends thereon, excluding, from demand deposits and accounts subject to a negotiable order of withdrawal only, any reasonable service charges that may lawfully be withheld and that do not, where made in this state, exceed those set forth in schedules filed by the banking organization from time to time with the Controller, if the owner, for more than three years, has not done any of the following: -(i) Increased or decreased the amount of the deposit, cashed an interest check, or presented the passbook or other similar evidence of the deposit for the crediting of interest. -(ii) Corresponded electronically or in writing with the banking organization concerning the deposit. -(iii) Otherwise indicated an interest in the deposit as evidenced by a memorandum or other record on file with the banking organization. -(B) A deposit or account shall not, however, escheat to the state if, during the previous three years, the owner has owned another deposit or account with the banking organization or the owner has owned an individual retirement account or funds held by the banking organization under a retirement plan for self-employed individuals or a similar account or plan established pursuant to the internal revenue laws of the United States or the laws of this state, as described in paragraph (6), and, with respect to that deposit, account, or plan, the owner has done any of the acts described in clause (i), (ii), or (iii) of subparagraph (A), and the banking organization has communicated electronically or in writing with the owner, at the address to which communications regarding that deposit, account, or plan are regularly sent, with regard to the deposit or account that would otherwise escheat under subparagraph (A). For purposes of this subparagraph, “communications” includes account statements or statements required under the internal revenue laws of the United States. -(C) No banking organization may discontinue any interest or dividends on any savings deposit because of the inactivity contemplated by this section. -(2) (A) Except as provided in paragraph (6), any demand, savings, or matured time deposit, or matured investment certificate, or account subject to a negotiable order of withdrawal, or other interest in a financial organization or any deposit made therewith, and any interest or dividends thereon, excluding, from demand deposits and accounts subject to a negotiable order of withdrawal only, any reasonable service charges that may lawfully be withheld and that do not, where made in this state, exceed those set forth in schedules filed by the financial organization from time to time with the Controller, if the owner, for more than three years, has not done any of the following: -(i) Increased or decreased the amount of the funds or deposit, cashed an interest check, or presented an appropriate record for the crediting of interest or dividends. -(ii) Corresponded electronically or in writing with the financial organization concerning the funds or deposit. -(iii) Otherwise indicated an interest in the funds or deposit as evidenced by a memorandum or other record on file with the financial organization. -(B) A deposit or account shall not, however, escheat to the state if, during the previous three years, the owner has owned another deposit or account with the financial organization or the owner has owned an individual retirement account or funds held by the financial organization under a retirement plan for self-employed individuals or a similar account or plan established pursuant to the internal revenue laws of the United States or the laws of this state, as described in paragraph (6), and, with respect to that deposit, account, or plan, the owner has done any of the acts described in clause (i), (ii), or (iii) of subparagraph (A), and the financial organization has communicated electronically or in writing with the owner, at the address to which communications regarding that deposit, account, or plan are regularly sent, with regard to the deposit or account that would otherwise escheat under subparagraph (A). For purposes of this subparagraph, “communications” includes account statements or statements required under the internal revenue laws of the United States. -(C) No financial organization may discontinue any interest or dividends on any funds paid toward purchase of shares or other interest, or on any deposit, because of the inactivity contemplated by this section. -(3) Any sum payable on a traveler’s check issued by a business association that has been outstanding for more than 15 years from the date of its issuance, if the owner, for more than 15 years, has not corresponded in writing with the business association concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the association. -(4) Any sum payable on any other written instrument on which a banking or financial organization is directly liable, including, by way of illustration but not of limitation, any draft, cashier’s check, teller’s check, or certified check, that has been outstanding for more than three years from the date it was payable, or from the date of its issuance if payable on demand, if the owner, for more than three years, has not corresponded electronically or in writing with the banking or financial organization concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the banking or financial organization. -(5) Any sum payable on a money order issued by a business association, including a banking or financial organization, that has been outstanding for more than seven years from the date it was payable, or from the date of its issuance if payable on demand, excluding any reasonable service charges that may lawfully be withheld and that do not, when made in this state, exceed those set forth in schedules filed by the business association from time to time with the Controller, if the owner, for more than seven years, has not corresponded electronically or in writing with the business association, banking, or financial organization concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the business association. For the purposes of this subdivision, “reasonable service charge” means a service charge that meets all of the following requirements: -(A) It is uniformly applied to all of the issuer’s money orders. -(B) It is clearly disclosed to the purchaser at the time of purchase and to the recipient of the money order. -(C) It does not begin to accrue until three years after the purchase date, and it stops accruing after the value of the money order escheats. -(D) It is permitted by contract between the issuer and the purchaser. -(E) It does not exceed 25 cents ($0.25) per month or the aggregate amount of twenty-one dollars ($21). -(6) (A) Any funds held by a business association in an individual retirement account or under a retirement plan for self-employed individuals or similar account or plan established pursuant to the internal revenue laws of the United States or of this state, if the owner, for more than three years after the funds become payable or distributable, has not done any of the following: -(i) Increased or decreased the principal. -(ii) Accepted payment of principal or income. -(iii) Corresponded electronically or in writing concerning the property or otherwise indicated an interest. -(B) Funds held by a business association in an individual retirement account or under a retirement plan for self-employed individuals or a similar account or plan created pursuant to the internal revenue laws of the United States or the laws of this state shall not escheat to the state if, during the previous three years, the owner has owned another such account, plan, or any other deposit or account with the business association and, with respect to that deposit, account, or plan, the owner has done any of the acts described in clause (i), (ii), or (iii) of subparagraph (A), and the business association has communicated electronically or in writing with the owner, at the address to which communications regarding that deposit, account, or plan are regularly sent, with regard to the account or plan that would otherwise escheat under subparagraph (A). For purposes of this subparagraph, “communications” includes account statements or statements required under the internal revenue laws of the United States. -(C) These funds are not payable or distributable within the meaning of this subdivision unless either of the following is true: -(i) Under the terms of the account or plan, distribution of all or a part of the funds would then be mandatory. -(ii) For an account or plan not subject to mandatory distribution requirement under the internal revenue laws of the United States or the laws of this state, the owner has attained 70 -1/2 -years of age. -(7) Any wages or salaries that have remained unclaimed by the owner for more than one year after the wages or salaries become payable. -(b) For purposes of this section, “service charges” means service charges imposed because of the inactivity contemplated by this section. -(c) A holder shall, commencing on or before January 1, 2018, regard the following transactions that are initiated electronically and are reflected in the books and records of the banking or financial organization as evidence that an owner has increased or decreased the amount of the funds or deposit in an account, for purposes of paragraphs (1) and (2) of subdivision (a): -(1) A single or recurring debit transaction authorized by the owner. -(2) A single or recurring credit transaction authorized by the owner -(3) Recurring transactions authorized by the owner that represent payroll deposits or deductions. -(4) Recurring credits authorized by the owner or a responsible party that represent the deposit of any federal benefits, including social security benefits, veterans’ benefits, and pension payments.","Existing law prescribes the circumstances under which property held or owing by a business association escheats to the state. Existing law specifies that any demand, savings, or matured time deposit, or account subject to a negotiable order of withdrawal, made with a banking organization escheats to the state if the owner, for more than three years, has not increased or decreased the amount of the deposit. Existing law specifies that any demand, savings, or matured time deposit, or matured investment certificate, or account subject to a negotiable order of withdrawal, or other interest in a financial organization, escheats to the state when the owner, for more than three years, has not increased or decreased the amount of the funds or deposit. -This bill would require, commencing on or before January 1, 2018, for purposes of determining whether the above-described property escheats to the state, that a holder, as defined in existing law, regard specified transactions that are initiated electronically and are reflected in the books and records of a banking or financial organization as evidence of an increase or decrease in the amount of the funds or deposit in an account held by the banking or financial organization.","An act to amend Section 1513 of the Code of Civil Procedure, relating to unclaimed property." -1064,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 98.7 of the Labor Code is amended to read: -98.7. -(a) -(1) -Any person who believes that he or she has been discharged or otherwise discriminated against in violation of any law under the jurisdiction of the Labor Commissioner may file a complaint with the division within six months after the occurrence of the violation. The six-month period may be extended for good cause. The complaint shall be investigated by a discrimination complaint investigator in accordance with this section. The Labor Commissioner shall establish procedures for the investigation of discrimination complaints. A summary of the procedures shall be provided to each complainant and respondent at the time of initial contact. The Labor Commissioner shall inform complainants charging a violation of Section 6310 or 6311, at the time of initial contact, of his or her right to file a separate, concurrent complaint with the United States Department of Labor within 30 days after the occurrence of the violation. -Each complaint of unlawful discharge or discrimination shall be assigned to a discrimination complaint investigator who shall prepare and submit an investigation report to the Labor Commissioner based on an investigation of the complaint. -(2) The division may, with or without receiving a complaint, commence an investigation of an employer that it suspects to have discharged or otherwise discriminated against an individual in violation of any law under the jurisdiction of the Labor Commissioner in accordance with this section. The assigned investigator shall prepare and submit an investigation report to the Labor Commissioner based upon the investigation. -(b) -Each complaint of unlawful discharge or discrimination shall be assigned to a discrimination complaint investigator who shall prepare and submit a report to the Labor Commissioner based on an investigation of the complaint. -The Labor Commissioner may designate the chief -deputy or -deputy, the -assistant Labor -Commissioner -Commissioner, -or the chief counsel to receive and review -the -investigation -reports. -The investigation -An investigation -shall include, -where -if -appropriate, interviews with the complainant, -respondent, -if there is one, the employer, -and any witnesses who may have information concerning -the alleged -a possible -violation, and a review of any documents that may be relevant to the -disposition of the complaint. -investigation. -The identity of a witness shall remain confidential unless the identification of the witness becomes necessary to proceed with the investigation or to prosecute an action to enforce a determination. The investigation report submitted to the Labor Commissioner or designee shall include the statements and documents obtained in the investigation, and the findings of the investigator concerning whether a violation occurred. The Labor Commissioner may hold an investigative hearing -whenever -if -the Labor Commissioner determines, after review of the investigation report, that a hearing is necessary to fully establish the facts. In the hearing the investigation report shall be made a part of the -record -record, -and the -complainant and respondent -complainant, if there is one, and the employer -shall have the opportunity to present further evidence. The Labor Commissioner shall issue, serve, and enforce any necessary subpoenas. -(c) If the Labor Commissioner determines a violation has occurred, he or she shall notify the -complainant and respondent -complainant, if there is one, and the employer -and direct the -respondent -employer -to cease and desist from the violation and take any action deemed necessary to remedy the violation, including, -where -if -appropriate, rehiring or reinstatement, reimbursement of lost wages and interest thereon, payment of reasonable attorney’s fees associated with any hearing held by the Labor Commissioner -in investigating the complaint, -related to the investigation, -and the posting of notices to employees. If the -respondentcompensation or equitable relief as is appropriate under the circumstances of the case. The Labor Commissioner shall petition the court for appropriate temporary relief or restraining order unless he or she determines good cause exists for not doing so. -(d) (1) If the Labor Commissioner determines no violation has occurred, he or she shall notify the -complainant and respondent -complainant, if there is one, and the employer -and shall dismiss the -complaint. -complaint or close the investigation. -The Labor Commissioner may direct -the -a -complainant to pay reasonable attorney’s fees associated with any hearing held by the Labor Commissioner if the Labor Commissioner finds -the -that a -complaint was frivolous, unreasonable, groundless, and was brought in bad faith. -The -A -complainant may, after notification of the Labor Commissioner’s determination to dismiss a complaint, bring an action in an appropriate -court, which -court that -shall have jurisdiction to determine whether a violation -occurred, and -occurred and, -if so, to restrain the violation and order all appropriate relief to remedy the violation. Appropriate relief includes, but is not limited to, rehiring or reinstatement of the complainant, reimbursement of lost wages and interest thereon, and other compensation or equitable relief as is appropriate under the circumstances of the case. -When dismissing -If the Labor Commission dismisses -a complaint, the Labor Commissioner shall advise -the -a -complainant of his or her right to bring an action in an appropriate court if he or she disagrees with the determination of the Labor Commissioner, and in the case of an alleged violation of Section 6310 or 6311, to file a complaint against the state program with the United States Department of Labor. -(2) The filing of a timely complaint against the state program with the United States Department of Labor shall stay the Labor Commissioner’s dismissal of the division complaint until the United States Secretary of Labor makes a determination regarding the alleged violation. Within 15 days of receipt of that determination, the Labor Commissioner shall notify the parties whether he or she will reopen the complaint filed with the division or whether he or she will reaffirm the dismissal. -(e) The Labor Commissioner shall notify the -complainant and respondent -complainant, if there is one, and the employer -of his or her determination under subdivision (c) or paragraph (1) of subdivision (d), not later than 60 days after the filing of the -complaint. -complaint, or commencing the investigation pursuant to paragraph (2) of subdivision (a). -Determinations by the Labor Commissioner under subdivision (c) or (d) may be appealed by -the -a -complainant or -respondent -employer -to the Director of Industrial Relations within 10 days following notification of the Labor Commissioner’s determination. The appeal shall set forth specifically and in full detail the grounds upon which the appealing party considers the Labor Commissioner’s determination to be unjust or unlawful, and every issue to be considered by the director. The director may consider any issue relating to the initial determination and may modify, affirm, or reverse the Labor Commissioner’s determination. The director’s determination shall be the determination of the Labor Commissioner. The director shall notify the -complainant -complainant, if there is one, -and -respondent -employer -of his or her determination within 10 days of receipt of the appeal. -(f) The rights and remedies provided by this section do not preclude an employee from pursuing any other rights and remedies under any other law. -(g) In the enforcement of this section, there is no requirement that an individual exhaust administrative remedies or procedures. -SECTION 1. -Section 98.74 is added to the -Labor Code -, -immediately following Section 98.7 -, to read: -98.74. -In addition to receiving employee complaints pursuant to Section 98.7, the division may, with or without receiving a complaint from an employee, commence an investigation, issue a citation, or bring an action against an employer who discharges or otherwise discriminates against an individual in violation of any law under the jurisdiction of the Labor Commissioner.","Existing law authorizes any person who believes that he or she has been discharged or otherwise discriminated against in violation of any law under the jurisdiction of the Labor Commissioner to file a complaint, as specified, with the Division of Labor Standards Enforcement, which is within the Department of Industrial Relations, and requires the commissioner to establish procedures for the investigation of discrimination complaints. -This bill would authorize the division to, with or without receiving a complaint from an employee, commence an -investigation, issue a citation, or bring an action against -investigation of -an employer -who discharges or otherwise discriminates -that it suspects to have discharged or otherwise discriminated -against an individual in violation of any law under the jurisdiction of the Labor Commissioner.","An act to -add Section 98.74 to -amend Section 98.7 of -the Labor Code, relating to employment." -1065,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known and may be cited as the Mental Health Justice Act. -SEC. 2. -The Legislature finds and declares the following: -(a) Exposure to violence increases the risk of developing a mental health condition such as post-traumatic stress disorder. Children in underserved communities are more likely to be exposed to violence than other children. -(b) Ten times as many people with mental illness are in prisons and jails today than are in mental health treatment facilities. -(c) Correctional facilities spend two to three times more money on adults with mental illnesses than they do on people who do not live with a mental illness. -(d) Despite overall decreasing prison populations, California’s prisons are experiencing increasing demand for mental health treatment services as prison inmates require mental health treatment at higher rates. This number is anticipated to continue to increase in the next five years and beyond. -(e) In California, the annual prison cost for an inmate in the general population is $51,000, while the annual community housing and outpatient treatment costs for a person with mental illness are 60 percent less at $20,412. -(f) Nearly half of all prisoners in California are mentally ill and have received psychiatric treatment within the past year. This number has almost doubled in the last 15 years, making jails and prisons the de facto mental health system. -(g) Individuals with mental illnesses tend to stay longer in prison or jail and, when released, are at a higher risk of returning to prison or jail than those without these illnesses. -(h) Mental health court participants have a significantly lower (47 percent) recidivism rate compared to similar defendants in traditional court. -(i) Mental health courts allow for the consideration of a defendant’s mental health status during court proceedings and have shown to save $7 in costs for every $1 spent. -(j) According to the United States Supreme Court, conditions in California prisons exacerbate mental health issues significantly. Offenders with mental illness are often subjected to higher rates of physical and sexual trauma, forced restraints, solitary confinement, and overmedication while incarcerated. Those who are kept in isolation are at higher risk for psychiatric injury, self-harm, and suicide. -(k) A defendant’s mental illness should inform case processing and the nature of any criminal charges, in alignment with public safety and a defendant’s constitutional rights. -(l) California must increase diversion programs to redirect defendants with mental illness away from prisons and jails, which exacerbate mental illnesses, impede treatment, and increase costs, and toward proven mental health treatment services. -SEC. 2. -SEC. 3. -Chapter 16 (commencing with Section 1425) is added to Title 10 of Part 2 of the Penal Code, to read: -CHAPTER 16. Mental Health Treatment -1425. -(a)If a defendant has pled guilty or nolo contendere to, or been convicted of, an offense that will result in a sentence to state prison or county jail, the defendant or the prosecutor may submit evidence that the defendant suffers from a diagnosable mental illness that was a substantial factor that contributed to the defendant’s criminal conduct. The evidence shall be filed after the defendant’s plea or conviction, but before his or her sentencing. -(b)If evidence is submitted pursuant to subdivision (a), the court shall consider that evidence in conjunction with the defendant’s sentencing. -(c)Upon consideration of the evidence submitted pursuant to subdivision (a), notwithstanding any other law, if the court determines that it is in the best interests of public safety, the court may order one or more of the following: -(1)(A)That the defendant serve, if the defendant agrees, all or a part of his or her sentence in a residential mental health treatment facility instead of in the state prison or county jail, unless that placement would pose an unreasonable risk of danger to public safety. -(B)This paragraph does not apply to a defendant subject to Section 1170.12. -(2)The Department of Corrections and Rehabilitation or county jail authority, as applicable, to place the defendant in a mental health program within the state prison or county jail system, respectively, at a level of care determined to be appropriate by the department’s mental health staff or county mental health staff, within 30 days, of the defendant’s placement in the state prison or county jail. -(3)The Department of Corrections and Rehabilitation or the county jail authority, as applicable, regardless of the type of crime committed to prepare a postrelease mental health treatment plan six months prior to the defendant’s release to parole or postrelease community supervision. The treatment plan shall specify the manner in which the defendant will receive mental health treatment services following that release, and shall address, if applicable and in the discretion of the court, medication management, housing, and substance abuse treatment. -(d)(1)The defendant or prosecutor may, at any time, petition the court for approval to transfer the defendant from a residential mental health treatment facility to a mental health program within the state prison or county jail for the remainder of the defendant’s sentence. -(2)The defendant, prosecutor, Department of Corrections and Rehabilitation, or county jail authority, as applicable, may, at any time, petition the court for permission to remove the defendant from a mental health program within the state prison or county jail system, respectively. -(3)The defendant, prosecutor, Department of Corrections and Rehabilitation, or county jail authority, as applicable, may, at any time, petition the court for dismissal of the requirement that the Department of Corrections and Rehabilitation or county jail authority, respectively, prepare a postrelease mental health treatment plan. -(e)The defendant shall have the right to counsel for all proceedings under this section. -1425. -(a) A defendant who has pleaded guilty or nolo contendere to, or was convicted of, a felony or misdemeanor and who currently is, or at any prior time was, eligible for public mental health services due to serious mental illness or who currently is, or at any prior time was, eligible for Social Security Disability Insurance benefits due to a diagnosed mental illness may petition the court for a sentence that includes mental health treatment. The petition shall be filed after the defendant’s plea or conviction, but before his or her sentencing. -(b) The defendant shall bear the burden of establishing by a preponderance of the evidence that he or she meets the criteria in subdivision (a). -(c) If the court determines that the defendant has met his or her burden, as described in subdivision (b), and that it is in the public interest, the court may order that the defendant’s sentence include one or more of the following: -(1) (A) A requirement that the defendant serve, if the defendant agrees, all or a part of his or her sentence in a residential mental health treatment facility instead of in the state prison or a county jail, if that placement would not pose an unreasonable risk of danger to public safety and is in the interest of justice pursuant to Section 1385. -(B) A defendant is not eligible for subparagraph (A) if his or her current plea or conviction is for a violent felony, as defined in subdivision (c) of Section 667.5, or if the defendant is required by statute to serve his or her entire sentence only in state prison. -(2) Regardless of the offense to which the defendant pleaded guilty or nolo contendere or for which the defendant was convicted, a requirement that the Department of Corrections and Rehabilitation or county jail authority, as applicable, place the defendant in a mental health program within the state prison or county jail system at a level of care determined to be appropriate by the department’s mental health staff or county mental health staff, within 30 days of the defendant’s sentencing. -(3) Regardless of the offense to which the defendant pleaded guilty or nolo contendere or for which the defendant was convicted, a requirement that the Department of Corrections and Rehabilitation or the county jail authority, as applicable, prepare a postrelease mental health treatment plan six months prior to the defendant’s release from custody. The treatment plan shall specify the manner in which the defendant will receive mental health treatment services following release from custody and shall address, if applicable and at the discretion of the court, medication management, housing, and substance abuse treatment. -(d) At any time, upon a petition from the defendant or prosecutor, if it is in the public interest, the court may recall a sentence that includes a mental health treatment order issued under this section and either resentence the defendant to other mental health treatment authorized under subdivision (c) or resentence the defendant in the same manner as if he or she had not previously been sentenced with application of this section. The defendant shall receive credit for the time he or she served on the prior sentence. -(e) The defendant shall have the right to counsel for all proceedings under this section. -SEC. 3. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law prohibits a person from being tried, adjudged to punishment, or having his or her probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. Existing law establishes a process by which a defendant’s mental competency is evaluated and by which the defendant receives treatment, including, if applicable, antipsychotic medication, with the goal of returning the defendant to competency. Existing law credits time spent by a defendant in a state hospital or other facility as a result of commitment during the process toward the term of any imprisonment for which the defendant is sentenced. -Existing law, as added by Proposition 184, adopted November 8, 1994, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, prohibits certain recidivist offenders from being committed to any facility other than a state prison. -This bill would authorize, if a defendant has pled guilty or nolo contendere to, or been convicted of, an offense that will result in a sentence to state prison or county jail, the defendant or the prosecutor submit evidence that the defendant suffers from a diagnosable mental condition that was a substantial factor that contributed to the defendant’s criminal conduct. The bill would require that the evidence be submitted after the defendant’s conviction, but before his or her sentencing. The bill would require the court to consider any evidence submitted as described above in conjunction with the defendant’s sentencing, and would authorize the court to order the Department of Corrections and Rehabilitation or county jail authority, as applicable, to place the defendant in a residential mental health treatment facility. This placement would not be available to a defendant who is subject to the Three Strikes Law. The bill would also authorize the court to order the department or jail authority to place the defendant in a mental health program within the state prison or county jail, respectively. The bill would provide that the defendant has the right to counsel for these proceedings. -This bill would authorize a defendant who is or has been eligible for public mental health services due to a serious mental illness or who is eligible for Social Security Disability Insurance benefits due to a diagnosed mental illness to petition the court, after the defendant’s plea or conviction but prior to sentencing, for a sentence that includes mental health treatment. The bill would authorize a court, if it finds that the defendant has shown that he or she meets the criteria by a preponderance of the evidence, to order the Department of Corrections and Rehabilitation or the county authority to provide specified mental health service, including placement in a residential mental health treatment facility instead of state prison or county jail, placement in a mental health program within the state prison or county jail, or preparation of a postrelease mental health treatment plan. The bill would authorize the court, upon petition of the defendant or the prosecution, to recall a sentence that includes a mental health order and resentence the defendant to other mental health treatment or resentence the defendant without mental health treatment. The bill would provide that the defendant has the right to counsel for these proceedings. -By imposing additional duties upon county jail authorities, this bill would create a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Chapter 16 (commencing with Section 1425) to Title 10 of Part 2 of the Penal Code, relating to prisoners." -1066,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 144.9 is added to the Labor Code, to read: -144.9. -(a) As used in this section: -(1) “Division” means the Division of Occupational Safety and Health. -(2) “Electrocautery device” means a device that is electrically heated to cut, ablate, or coagulate human tissue for therapeutic purposes. -(3) “Electrosurgical device” means a device that uses a radio frequency electric current passing through the patient to cut, ablate, or coagulate human tissue for therapeutic purposes. -(4) “Energy-based device” means a device that uses energy to ablate, cauterize, or mechanically manipulate target human tissue including lasers, electrosurgical generators, broadband light sources, ultrasonic instruments, plasma generators, bone saws, and drills. -(5) “Health facility” means a health facility as defined in subdivision (a) of Section 1250 of the Health and Safety Code. -(6) “Plume” means noxious airborne contaminants generated as byproducts of the use of energy-based devices, electrosurgical devices, electrocautery devices, or mechanical tools during surgical, diagnostic, or therapeutic procedures. -(7) “Plume scavenging system” means smoke evacuators, laser plume evacuators, plume scavengers, and local exhaust ventilators that capture and neutralize plume at the site of origin and before plume can make ocular contact or contact with the respiratory tract of employees. -(b) (1) The division, by June 1, 2017, shall convene an advisory committee to develop a regulation that requires a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume. The advisory committee may include health facilities, practicing physicians and surgeons from affected specialties, registered nurses and other affected health care personnel, labor and specialty organizations representing affected registered nurses, labor and specialty organizations representing other affected health care personnel, and other stakeholders. -(2) By June 1, 2018, the division shall submit to the board the proposed regulation requiring a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume. -(3) In developing the regulation, the division shall do all of the following: -(A) Evaluate using as a benchmark the standards titled “Systems for evacuation of plume generated by medical devices” (ISO 16571) adopted by the International Organization for Standardization and the standards titled “Plume scavenging in surgical, diagnostic, therapeutic, and aesthetic settings” (CSA Z305.13-13) adopted by the CSA Group. -(B) Take into consideration recommendations on the evacuation of plume from the federal Occupational Safety and Health Administration and National Institute for Occupational Safety and Health. -(C) Take into consideration the standards titled “Systems for evacuation of plume generated by medical devices” (ISO 16571) adopted by the International Organization for Standardization in developing a standard establishing how much plume shall be captured by a plume scavenging system. -(D) Include a requirement in the regulation for employers to provide training to all workers foreseeably participating in procedures that involve the creation of plume. The training shall include, but not be limited to, general education on the contents of plume, the circumstances in which it is generated, the associated health and safety hazards, and appropriate use of the plume scavenging equipment and systems utilized by the health facility. The training shall be designed to provide an opportunity for interactive questions and answers with a person knowledgeable about occupational exposure to plume and the specific equipment utilized to scavenge plume. -(c) The board shall, by July 1, 2019, adopt the proposed regulation of the division, except as specified in subdivision (f), requiring a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume. -(d) (1) Nothing in this section alters, amends, expands, or reduces existing general room ventilation standards or requirements. These plume scavenging standards are in addition to general room ventilation standards or requirements, and compliance with general room ventilation standards shall not satisfy the requirements of this section. -(2) Evidence that the plume scavenging system conforms to the minimum requirements of this section when installed, operated, and maintained in accordance with the manufacturer’s instructions, shall be provided by the manufacturer. -(e) The use of surgical masks shall not satisfy the requirements of this section. The use of respirators shall not satisfy the requirements of this section except when, due to medical necessity, the plume scavenging system is not able to be located where it effectively captures plume. -(f) This section shall not limit the authority of the division to develop a regulation, or the authority of the board to adopt a regulation, that is broader in scope or broader in application than required by this section. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, the Occupational Safety and Health Standards Board within the Department of Industrial Relations promulgates and enforces occupational safety and health standards for the state, including standards dealing with toxic materials and harmful physical agents. Under existing law, the Division of Occupational Safety and Health is required to enforce all occupational safety and health standards, as specified. A violation of these standards and regulations under specific circumstances is a crime. -This bill would, by June 1, 2017, require the division to convene an advisory committee to develop a regulation that requires a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume and would authorize certain entities and people to be on the advisory committee, including, among others, practicing physicians and surgeons from affected specialties. The bill would require the division, in developing the regulation to do certain things, including evaluating the use of certain standards adopted by specified organizations as a benchmark. The bill would also require the division, when developing the proposed regulation, to take into consideration recommendations on the evacuation of plume from the federal Occupational Safety and Health Administration or National Institute for Occupational Safety and Health. The bill would, by June 1, 2018, require the division to submit to the board the proposed regulation. The bill would, by July 1, 2019, require the board to adopt the proposed regulation. -The bill would provide that compliance with general room ventilation standards or the use of surgical masks does not satisfy the requirements for protection from surgical plumes under these provisions. The bill would provide that the use of respirators does not satisfy the requirements for protection from surgical plumes under these provisions, except as specified. The bill would require the manufacturer of a plume scavenging system to provide evidence that the system meets specified minimum requirements when installed, operated, and maintained in accordance with the manufacturer’s instructions. -The bill would specify that these provisions do not limit the authority of the division to develop, or limit the authority of the board to adopt, a regulation with a broader scope or broader application than required by these provisions. -By expanding the definition of an existing crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 144.9 to the Labor Code, relating to occupational safety and health." -1067,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14103 of the Financial Code is amended to read: -14103. -The bylaws shall prescribe the manner in which the business of the credit union shall be conducted with reference to the following matters: -(a) The purpose of the credit union. -(b) The qualification for membership. -(c) Determination of the month, time and place of the annual meeting; the manner of conducting meetings; the method by which members shall be notified of meetings; and the number of members which shall constitute a quorum. -(d) The authorized number of directors, the number of directors necessary to constitute a quorum, and the powers and duties of officers elected by the directors. -(e) The membership, powers, and duties of the supervisory or audit committee, as applicable. -(f) The membership, powers, and duties of the credit committee or if applicable, the general powers, responsibilities and duties of the credit manager. -(g) The manner in which the bylaws may be amended. -SEC. 2. -Section 14252 of the Financial Code is amended to read: -14252. -(a) A credit union with total assets equal to or greater than ten million dollars ($10,000,000) shall, within 105 days after the end of each fiscal year or within any extended time that the commissioner may specify, file with the commissioner an audit report for the fiscal year. -(b) The audit report called for in subdivision (a) shall comply with all of the following provisions: -(1) The audit report shall contain the audited financial statements of the credit union for, or as of the end of, the fiscal year, prepared in accordance with generally accepted accounting principles that the commissioner may specify, and any other information that the commissioner may specify. -(2) The audit report shall be based upon an audit of the credit union, conducted in accordance with generally accepted auditing standards, and any other requirements that the commissioner may specify. -(3) The audit report shall be prepared by an independent certified public accountant or independent public accountant who is acceptable to the commissioner. -(4) The audit report shall include, or be accompanied by, a certificate or opinion of the independent certified public accountant or independent public accountant that is satisfactory in form and content to the commissioner. If the certificate or opinion is qualified, the commissioner may order the credit union to take any action that the commissioner may find necessary or advisable to enable the independent certified public accountant or independent public accountant to remove the qualification. -(c) A credit union with total assets of less than ten million dollars ($10,000,000) shall, within 105 days after the end of each fiscal year or within any extended time that the commissioner may specify, file with the commissioner an audit report for the fiscal year. -(d) The audit report called for in subdivision (c) may comply with all the provisions of subdivision (b), or may consist of alternative procedures acceptable to the commissioner. An alternative procedures audit may be performed by any of the following: -(1) An independent certified public accountant. -(2) An independent public accountant. -(3) The credit union’s supervisory or audit committee, as applicable, provided that the audit complies with the requirements of Section 14253. -(e) Notwithstanding subdivision (d), the commissioner may reject an alternative procedures audit that he or she determines is not satisfactory. If the commissioner rejects an alternative procedures audit for any reason, he or she may order a credit union to obtain an audit that is satisfactory to the commissioner. -(f) The commissioner may, by order or regulation, either unconditionally or upon specified terms and conditions, grant an exemption from this section in any case where the commissioner finds that the requirements of this section are not necessary or advisable. -SEC. 3. -Section 14453 of the Financial Code is amended to read: -14453. -The board of directors of every credit union shall have the general management of the affairs, funds, and records of the credit union. The board shall meet on a regular basis, not less than quarterly, as reasonably determined by the board. The board may appoint an executive committee of no fewer than three directors, to serve at its pleasure, to act as expressly approved by the board of directors in accordance with the laws and regulations. -SEC. 4. -Section 14456 of the Financial Code is amended to read: -14456. -Unless the bylaws expressly reserve any or all of the following duties to the members, the directors have all of the following special duties: -(a) To act upon all applications for membership. The directors may delegate the power to approve applications for new membership to: (1) the chairperson of a membership committee or to an executive committee; or (2) any officer, director, committee member, or employee, pursuant to a written membership plan adopted by the board of directors. -(b) To expel members for any of the following causes: -(1) Conviction of a criminal offense involving moral turpitude. -(2) Failure to carry out contracts, agreements, or obligations with the credit union. -(3) Refusal to comply with the provisions of this division or of the bylaws. -Any members who are expelled by the board of directors have the right to appeal therefrom to the members, in which event, after hearing, the order of suspension may be revoked by a two-thirds vote of the members present at a special meeting to consider the matter. -(c) To determine from time to time the interest rate on obligations with members and to authorize the payment of interest refunds to borrowing members. -(d) To fix the maximum number of shares which may be held by, and, in accordance with Section 15100, establish the maximum amount of obligations which may be entered into with, any one member. -(e) To declare dividends on shares in accordance with the credit union’s written capital structure policy and to determine the interest rate or rates which will be paid on certificates for funds. -(f) To amend the bylaws, except where membership approval is required. -(g) To fill vacancies in the credit committee, and to temporarily fill vacancies caused by the suspension of any or all members of the credit committee, pending a meeting of the members to determine whether to affirm the suspension and vacate the office, or to reinstate the member or members. -(h) To direct the deposit or investment of funds, except loans to members. -(i) To designate alternate members of the credit committee who shall serve in the absence or inability of the regular members to perform their duties. -(j) To perform or authorize any action not inconsistent with law or regulation and not specifically reserved by the bylaws for the members, and to perform any other duties as the bylaws may prescribe. -SEC. 5. -Section 14550 of the Financial Code is amended to read: -14550. -Every credit union shall have a supervisory committee of at least three persons, provided that the number of members on the committee is an odd number, each of whom shall be a member of the credit union and elected by the members of the credit union. In the alternative, the board of directors may establish an audit committee subject to the requirements of Section 14556. -SEC. 6. -Section 14556 is added to the Financial Code, to read: -14556. -(a) The board of directors may, by resolution, establish an audit committee in lieu of a supervisory committee. An audit committee that meets all the requirements of this section shall be deemed to satisfy the requirements for a supervisory committee set forth in Sections 14550 to 14555, inclusive, or in any applicable bylaw provision. -(b) The vote of the board of directors to establish an audit committee in lieu of a supervisory committee shall be affirmed by a majority vote of members voting. Following the affirmative vote of the membership, the supervisory committee shall be deemed dissolved upon the appointment of an audit committee by the board of directors. -(c) The audit committee shall consist of at least three persons, provided that it is an odd number, each of whom shall be a member of the credit union and appointed by a majority of the board of directors. The audit committee may be comprised of directors, or both directors and non-directors, provided that no less than a majority of the members of the audit committee at any given time shall be comprised of directors. No member of the audit committee shall serve as a member of the credit committee, as the credit manager, as the board chairman, or as an employee of the credit union. -(d) The audit committee shall carry out the responsibilities set forth in subdivision (c) of Section 14551 and Sections 14551.5 and 14553 and shall: -(1) Ensure that the credit union complies with Section 14252. -(2) Ensure that the credit union maintains an effective internal audit program, including a system of internal controls and individuals with sufficient training and experience to adequately and timely review all key areas of a credit union’s operations. -(e) The board of directors may, by subsequent resolution, reestablish a supervisory committee in lieu of an audit committee, which shall be affirmed by membership vote. The audit committee shall be deemed dissolved upon the election of a supervisory committee by the membership. -SEC. 7. -Section 14804 of the Financial Code is amended to read: -14804. -The members of a credit union shall hold an annual meeting for the election of: (a) directors; (b) a supervisory committee, unless the board of directors has appointed an audit committee pursuant to Section 14556; and (c) a credit committee, if provided for in its bylaws. The annual meeting shall be held upon such notice and at such time and place as the bylaws provide. -SEC. 8. -Section 14950 of the Financial Code is amended to read: -14950. -(a) Every credit union may enter into obligations with its members upon the approval of the credit committee or, in the alternative, the credit manager, subject to the terms and conditions established by the board of directors pursuant to Section 15100. -(b) (1) The board of directors of a credit union shall adopt a policy governing the acceptance by the credit union of notes receivable from nonmembers as consideration for the sale of assets owned by the credit union through bona fide transactions. -(2) No credit union may accept notes receivable from nonmembers as consideration for the sale of assets owned by the credit union except in accordance with a policy adopted by the board of directors pursuant to paragraph (1). -(3) Transactions subject to this subdivision shall not be deemed to be loans to nonmembers for purposes of Section 14750. -(c) Notwithstanding subdivision (a), a credit union may permit a nonmember to participate in an obligation or extension of credit to a member as a joint applicant, co-obligor, coborrower, surety, or guarantor. An obligation or extension of credit made pursuant to this subdivision shall not be deemed a violation of subdivision (b) of Section 14800. Except as otherwise permitted by statute or regulation, the credit union shall not extend any other benefit or service of the credit union to the nonmember solely as a result of participation as a joint applicant, co-obligor, coborrower, surety, or guarantor unless the nonmember is thereafter admitted to membership. -SEC. 9. -Section 14951 of the Financial Code is repealed. -SEC. 10. -Section 15050 of the Financial Code is amended to read: -15050. -(a) For purposes of this section, the following definitions shall apply: -(1) “Credit manager” means any individual, regardless of title, designated pursuant to Section 14600 to fulfill the duties of a credit manager. -(2) “Obligation” means any loan or approved line of credit, including both used and unused portions, on which the official is a borrower, coborrower, cosigner, endorser, or guarantor. -(3) “Official” means a director, member of the supervisory committee, member of the audit committee, member of the credit committee, credit manager, president, or chief executive officer of a credit union. -(b) No credit union shall enter into any obligation with any official, directly or indirectly, unless (1) the obligation complies with all lawful requirements of this division with respect to obligations permitted for other members of the credit union, (2) the obligation is not on terms more favorable than those extended to other members of the credit union, and (3) the obligation is entered into in accordance with a written policy adopted by the directors establishing that all officials shall have an equal opportunity to enter into obligations with the credit union. -(c) No credit union shall enter into any obligation with any official, directly or indirectly, unless all of the following requirements are satisfied: -(1) Upon the making of the obligation, the aggregate amount of obligations outstanding to all officials, except obligations fully secured by shares, shall not exceed 20 percent of the aggregate dollar amount of all savings capital of the credit union. -(2) The obligation, except any portion of an obligation fully secured by shares, shall not exceed the maximum obligation to the credit union set forth in subdivisions (b) and (c) of Section 15100. -(3) Any obligation that would cause the aggregate amount of obligations outstanding to the official to exceed fifty thousand dollars ($50,000), excluding any portion fully secured by shares, shall be approved by the credit committee or the credit manager, and by the board of directors. An official shall not take part in any credit decision, directly or indirectly, for his or her benefit and shall not be present during any portion of any committee or board meeting where his or her credit application is under consideration. -(4) The names of members of the credit committee, the credit manager, and board of directors who voted to authorize or ratify the obligation shall be entered in their respective minutes. -(d) No credit union shall permit an official to become surety for any obligation created by the credit union for anyone other than a member of his or her immediate family. -(e) No credit union shall enter into any obligation with any credit manager or any officer employed by the credit union unless the obligation is in compliance with all requirements of this division with respect to obligations permitted for other nonemployee members, and not on terms more favorable than those extended to other employees, and approved by the board of directors. -SEC. 11. -Section 15100 of the Financial Code is amended to read: -15100. -(a) The board of directors shall establish written policies which shall set forth the policies of the credit union with respect to any obligation that is offered to the members of the credit union. The written policies shall set forth the maximum amounts and terms for any obligation offered to the members, including, but not limited to, the following information: -(1) For loans, the written policies shall set out the terms for unsecured loans, the maximum amount and terms for secured loans, the schedule of interest rates established pursuant to Section 15000 for each type or class of unsecured and secured loan offered to members, the maximum maturity for any loan, or, in the case of an open-end loan, the rate of repayment for any type or class of open-end loan, the limitations, if any, which shall be placed on the authority of any loan officer appointed pursuant to Sections 14602 and 14603, and, subject to the provisions of subdivisions (b) and (c), the individual limits on obligations that are applicable to all members of the credit union. Any policy developed pursuant to this section by the board of directors shall, insofar as possible, and, subject to individual creditworthiness, ensure equal access to funds available for obligations with credit union members. -(2) For obligations other than those set out in paragraph (1), the board of directors shall set out the interest rates and essential terms of the obligations offered to the members and any other information as may be required pursuant to regulations that may be adopted by the commissioner. -(b) Notwithstanding subdivision (a), no credit union policy shall permit a credit union to enter into obligations with an individual credit union member whereby the total obligations of that member, exclusive of amounts secured by shares or certificates for funds, exceed 10 percent of the aggregate dollar amount of the credit union’s savings capital. -(c) Notwithstanding subdivision (b), no credit union policy shall permit a credit union to enter into obligations with any one family whereby the total obligations of the family would be greater than the amount permitted by subdivision (b). For purposes of this article, “family” means the marital couple or any head of household together with those dependents residing with the marital couple or the head of household and those dependents attending school away from the principal residence of the marital couple or head of household.","(1) The California Credit Union Law provides for the regulation of credit unions within the state by the Commissioner of Business Oversight. The law requires a credit union to be directed by a board of directors consisting of an odd number of directors, at least 5 in number, each of whom are a member of the credit union, to be elected by the members at their annual meeting. The law requires a credit union to have a supervisory committee of at least 3 persons, each of whom is a member of the credit union. The law authorizes the directors to delegate the approval of applications for new memberships to any officer, director, committee member, or employee pursuant to a written membership plan adopted by the board, provided the board reviews, at least quarterly, a report of membership applications approved by an officer, director, committee member, or employee. -This bill would require the board to meet on a regular basis, not less than quarterly, as reasonably determined by the board. The bill would require the membership of the supervisory committee to be an odd number and would authorize, in lieu of the requirement for a supervisory committee, the establishment of an audit committee and the selection of the members of the audit committee. The bill would remove the requirement for the directors to, at least quarterly, review a report of membership applications approved by an officer, director, committee member, or employee to whom the directors delegated the authority to approve applications for new membership. -(2) The California Credit Union Law prohibits an obligation with a member that is not a natural person and results in liability to the credit union in excess of that member’s investment in the credit union unless an exception is authorized in the credit union’s bylaws and approved by the commissioner. The law authorizes any lending activity permitted pursuant to this provision to be terminated by the commissioner pursuant to a specific procedure. -This bill would repeal this prohibition. -(3) The California Credit Union Law limits the circumstances when a nonmember may participate in an obligation or extension of credit to a member as a joint applicant or co-obligor. -This bill would include the terms coborrower, surety, and guarantor within these provisions. -(4) The California Credit Union Law limits a credit union from entering, directly or indirectly, into any obligation with an official, and defines that term to mean a director, officer, member of the supervisory committee, or member of the credit committee of a credit union. -This bill would modify that definition to remove the position of an officer, and to include the positions of a member of the audit committee, credit manager, president, and chief executive officer of a credit union. -(5) The California Credit Union Law requires any application for any loan or extension or guarantee of credit, except as specified, to state in writing the purpose for which the loan or extension or guarantee of credit is desired, and, if applicable, describe the property that is proposed to secure the loan or extension or guarantee of credit. -This bill would repeal this requirement.","An act to amend Sections 14103, 14252, 14453, 14456, 14550, 14804, 14950, 15050, and 15100 of, to add Section 14556 to, and to repeal Section 14951 of, the Financial Code, relating to credit unions." -1068,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 5899 of the Welfare and Institutions Code is amended to read: -5899. -(a) The State Department of Health Care Services, in consultation with the Mental Health Services Oversight and Accountability Commission and the County Behavioral Health Directors Association of California, shall develop and administer instructions for the Annual Mental Health Services Act Revenue and Expenditure Report. The instructions shall include a requirement that the county certify the accuracy of this report. This report shall be submitted electronically to the department and to the Mental Health Services Oversight and Accountability Commission. The department and the commission shall annually post each county’s report on its website in a timely manner. -(b) The department, in consultation with the commission and the County Behavioral Health Directors Association of California, shall revise the instructions described in subdivision (a) by July 1, 2017, and as needed thereafter, to improve the timely and accurate submission of county revenue and expenditure data. -(c) The purpose of the Annual Mental Health Services Act Revenue and Expenditure Report is as follows: -(1) Identify the expenditures of Mental Health Services Act (MHSA) funds that were distributed to each county. -(2) Quantify the amount of additional funds generated for the mental health system as a result of the MHSA. -(3) Identify unexpended funds, and interest earned on MHSA funds. -(4) Determine reversion amounts, if applicable, from prior fiscal year distributions. -(d) This report is intended to provide information that allows for the evaluation of all of the following: -(1) Children’s systems of care. -(2) Prevention and early intervention strategies. -(3) Innovative projects. -(4) Workforce education and training. -(5) Adults and older adults systems of care. -(6) Capital facilities and technology needs. -(e) Based on the report required pursuant to subdivision (a), the State Department of Health Care Services, no later than nine months after the end of each fiscal year, shall collect and publicly report all of the following information, by statewide total and by individual county: -(1) Total revenue received from the Mental Health Services Act (MHSA). -(2) The amount of MHSA funds received by the counties for each of the following components of the act: -(A) Community services and supports. -(B) Prevention and early intervention. -(C) Innovation. -(D) Housing that is not funded under subparagraph (A). -(E) Workforce education and training that is not funded under subparagraph (A). -(F) Capital facilities and technological needs that are not funded under subparagraph (A). -(G) Other mental health services not reflected in subparagraphs (A) to (F), inclusive. -(3) MHSA revenues expended in the prior fiscal year. -(4) The amount of the MHSA funds expended by the counties for each of the components listed in paragraph (2). -(5) Funds held in prudent reserve by each county. -(6) Distributions from the counties’ prudent reserves. -(7) For the most recent fiscal year, the amount of unspent MHSA funds for each component listed in paragraph (2). -(8) MHSA funds subject to reversion and funds that have reverted. -(f) The information required to be reported pursuant to subdivision (e) shall be reported for each fiscal year and shall include statewide totals. The information shall be updated annually, including revisions when necessary. Revisions shall be identified as figures that have been revised from prior year reports. Annual reports shall include fiscal information for a period of not less than 10 fiscal years and shall include information for the most recent fiscal year. -(g) (1) In addition to the information required pursuant to subdivision (e), the department shall publicly report annual county program expenditures for each of the following: -(A) Program administration. -(B) Research and evaluation. -(C) Funds used to support joint powers authorities or other statewide entities. -(2) A county that cannot supply some or all of the information required by paragraph (1) shall provide an explanation as to why and shall provide a timeframe for making the information available. -(3) The department shall work with counties and other local mental health agencies to determine how best to make the information required in paragraph (1) available, including estimates. Estimated information shall be reported as an estimate. -(h) Counties may submit to the department information about programs that address the following areas: -(1) Homelessness. -(2) Criminal justice diversion or related programs. -(3) Suicide prevention. -(4) School-based mental health programs designed to reduce school failure. -(5) Employment or other programs intended to reduce unemployment. -(6) Programs intended to reduce or prevent involvement with the child welfare system. -(7) Stigma reduction. -(8) Programs specifically designed to reduce racial and ethnic disparities. -(9) Programs specifically designed to meet the needs of the following populations: -(A) Veterans. -(B) Lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQQ). -(C) Children. -(D) Transition-age youth. -(E) Adults. -(F) Older adults. -(i) The department shall compile the information in subdivisions (e) to (h), inclusive, collected from counties or other local mental health agencies to promote public understanding of MHSA funds that are distributed statewide and for each county, as well as how those funds are spent and what funds remain available for expenditure. -(j) The department shall consult with the Mental Health Services Oversight and Accountability Commission, the State Controller’s Office, the Department of Finance, counties and other local mental health agencies, and any other agency required to implement this section. -(k) The department shall consolidate reporting requirements when feasible and shall propose to the appropriate policy committees of the Legislature strategies to refine and consolidate reporting requirements to meet the goals of this section. -(l) The department shall make the information required by this section available to the Legislature and the public on its Internet Web site no later than July 1, 2018, and annually thereafter. -(m) If a county does not submit the annual revenue and expenditure report described in subdivision (a) by the required deadline, the department may withhold MHSA funds until the reports are submitted.","Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission. Existing law requires the State Department of Health Care Services, in consultation with the Mental Health Services Oversight and Accountability Commission and the County Behavioral Health Directors Association of California, to develop and administer instructions for the Annual Mental Health Services Act Revenue and Expenditure Report, which gathers specified information on mental health spending as a result of the MHSA, including the expenditures of funds distributed to each county. -This bill would require the department, based on the Annual Mental Health Services Act Revenue and Expenditure Report, to compile information, in total and by county on an annual basis, that includes, among other things, the total amount of MHSA revenue, the amount of MHSA money received and expended for each specified component of the MHSA program, and the amount of MHSA money spent on program administration. The bill would require the department to make the collected information available to the Legislature and the public on its Internet Web site no later than July 1, 2018, and annually thereafter.","An act to amend Section 5899 of the Welfare and Institutions Code, relating to mental health." -1069,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10708 is added to the Elections Code, to read: -10708. -(a) A State Senator or Member of the Assembly who resigns from office before the expiration of his or her term shall reimburse from his or her surplus campaign funds the county or counties that hold a special election pursuant to this chapter to fill the vacancy for any expenses authorized and necessarily incurred in the preparation for, and conduct of, the special election. -(b) Expenses for which reimbursement is required pursuant to subdivision (a) shall be paid from the former officeholder’s surplus campaign funds, as defined by Section 89519 of the Government Code, to the extent he or she has funds available to do so; however, if a former officeholder violates subdivision (c) of Section 89510 of the Government Code, he or she shall be personally liable for those expenses to the extent he or she lacks sufficient surplus campaign funds to pay them. -(c) If the legislative district encompasses more than one county, the surplus campaign funds shall be prorated among the counties conducting the special election in proportion to the percentage of the district each county composes. -SEC. 2. -Section 89510 of the Government Code is amended to read: -89510. -(a) A candidate for elective state office may only accept contributions within the limits provided in Chapter 5 (commencing with Section 85100). -(b) All contributions deposited into the campaign account shall be deemed to be held in trust for expenses associated with the election of the candidate or for expenses associated with holding office. -(c) If a State Senator or Member of the Assembly decides to resign from office before the expiration of his or her term, he or she subsequently shall only use funds held pursuant to this section to pay outstanding campaign debts or reasonable expenses. Funds held pursuant to this section are subject to Section 89519 to the extent they become surplus funds. -(d) There is a rebuttable presumption that a State Senator or Member of the Assembly who -resigns -resigned -decided to do so six months before he or she vacated office. The presumption may be rebutted by objective evidence, such as evidence indicating that the former officeholder initiated or responded to an offer of employment on a particular date, that the State Senator or Member of the Assembly decided to resign greater than or less than six months before he or she vacated office. -SEC. 3. -Section 89519 of the Government Code is amended to read: -89519. -(a) Upon the 90th day after leaving an elective office, or the 90th day following the end of the postelection reporting period following the defeat of a candidate for elective office, whichever occurs last, campaign funds under the control of the former candidate or elected officer shall be considered surplus campaign funds and shall be disclosed pursuant to Chapter 4 (commencing with Section 84100). -(b) Surplus campaign funds shall be used only for the following purposes: -(1) The payment of outstanding campaign debts or elected officer’s expenses. -(2) The repayment of contributions. -(3) Donations to a bona fide charitable, educational, civic, religious, or similar tax-exempt, nonprofit organization, where no substantial part of the proceeds will have a material financial effect on the former candidate or elected officer, any member of his or her immediate family, or his or her campaign treasurer. -(4) Contributions to a political party committee, provided the campaign funds are not used to support or oppose candidates for elective office. However, the campaign funds may be used by a political party committee to conduct partisan voter registration, partisan get-out-the-vote activities, and slate mailers as that term is defined in Section 82048.3. -(5) Contributions to support or oppose a candidate for federal office, a candidate for elective office in a state other than California, or a ballot measure. -(6) The payment for professional services reasonably required by the committee to assist in the performance of its administrative functions, including payment for attorney’s fees and other costs for litigation that arises directly out of a candidate’s or elected officer’s activities, duties, or status as a candidate or elected officer, including an action to enjoin defamation, defense of an action brought for a violation of state or local campaign, disclosure, or election laws, and an action from an election contest or recount. -(7) The payment of expenses authorized and necessarily incurred in the preparation for, and conduct of, a special election, as required by Section 10708 of the Elections Code. -Surplus campaign funds shall be applied to these costs before being used for any other purpose, and any funds remaining after payment of these costs shall be used only for the purposes described in paragraph (3) of this subdivision. -(c) -A former officeholder subject to Section 10708 of the Elections Code may only use surplus funds for the purposes described in paragraphs (1) and (7) of subdivision (b) of this section. Once the costs identified in paragraph (7) of subdivision (b) are paid in full, a former officeholder may also use surplus funds for the purposes described in paragraph (3) of subdivision (b). -(d) -For purposes of this section, the payment for, or the reimbursement to the state of, the costs of installing and monitoring an electronic security system in the home or office, or both, of a candidate or elected officer who has received threats to his or her physical safety shall be deemed an outstanding campaign debt or elected officer’s expense, provided that the threats arise from his or her activities, duties, or status as a candidate or elected officer and that the threats have been reported to and verified by an appropriate law enforcement agency. Verification shall be determined solely by the law enforcement agency to which the threat was reported. The candidate or elected officer shall report an expenditure of campaign funds made pursuant to this section to the Commission. The report to the Commission shall include the date that the candidate or elected officer informed the law enforcement agency of the threat, the name and the telephone number of the law enforcement agency, and a brief description of the threat. No more than five thousand dollars ($5,000) in surplus campaign funds may be used, cumulatively, by a candidate or elected officer pursuant to this subdivision. Payments made pursuant to this subdivision shall be made during the two years immediately following the date upon which the campaign funds become surplus campaign funds. The candidate or elected officer shall reimburse the surplus fund account for the fair market value of the security system no later than two years immediately following the date upon which the campaign funds became surplus campaign funds. The campaign funds become surplus campaign funds upon sale of the property on which the system is installed, or prior to the closing of the surplus campaign fund account, whichever comes first. The electronic security system shall be the property of the campaign committee of the candidate or elected officer. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 5. -The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.","The California Constitution requires the Governor to immediately call an election to fill a vacancy in the Legislature. Existing law provides specific procedures for the nomination and election of candidates at any special election to fill a vacancy in the office of State Senator or Member of the Assembly. -Exiting law, the Political Reform Act of 1974, provides that contributions deposited into a campaign account are deemed to be held in trust for expenses associated with the election of a candidate or for expenses associated with holding office. The act provides that campaign funds under the control of a former candidate or elected officer are considered surplus campaign funds at a prescribed time, and it prohibits the use of surplus campaign funds except for specified purposes. -This bill would prohibit a State Senator or Member of the Assembly who decides to resign from office before the expiration of his or her term from subsequently using campaign funds held in trust for any purpose other than paying outstanding campaign debts or reasonable expenses. The bill would amend the list of specified purposes allowable for the use of surplus campaign funds to include the payment of expenses to hold a special election to fill the vacancy created by the Member’s resignation and would require the former Member to pay from his or her surplus campaign funds such election-related expenses, to the extent he or she has funds available to do so. Once election-related expenses are paid, this bill would limit the use of excess surplus funds to -charitable -certain -purposes. -This bill would further make a Member who, after deciding to resign, uses campaign funds for purposes other than those authorized in that circumstance personally liable for expenses to hold a special election. -A violation of the provisions of the Political Reform Act of 1974 is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a -2/3 -vote of each house and compliance with specified procedural requirements. -This bill would declare that it furthers the purposes of the act.","An act to add Section 10708 to the Elections Code, and to amend Sections 89510 and 89519 of the Government Code, relating to elections." -1070,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The state has a unique obligation to children and youth in the foster care system. When the state removes children and youth from their parents, it is responsible for providing for the safety and well-being of the children and youth and for preparing them for self-sufficient adulthood. -(b) Foster youth who leave the foster care system because of age face unique challenges in seeking and obtaining employment upon leaving the system. The foster care program provides little assistance to youth in finding employment. -(c) The unemployment rate for youth who have left the foster care system because of age is estimated at 50 percent. -(d) The state is a major employer within the state, yet state law makes no provision for assisting youth who have left the foster care system because of age in becoming civil service employees of the state. -(e) The state owes a unique responsibility to foster youth in assisting them to secure permanent employment. It also has an obligation to demonstrate to private employers, by example, the importance of hiring foster youth and former foster youth. -(f) It is the intent of the Legislature to recognize the state’s role as a parent to children and youth in foster care and to assist them in securing permanent employment in state government by providing them access to needed training positions. -SEC. 2. -Article 3 (commencing with Section 54660) is added to Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code, to read: -Article 3. -Former -Foster Youth Job Readiness Training Pilot Program -54660. -(a) With moneys appropriated by the Legislature for the purposes of this article, the Sacramento County Office of Education shall develop and administer the -Former -Foster Youth Job Readiness Training Pilot Program. -(b) The purpose of the program is to prepare the -“aged out” -foster care population -that is 18 to 25, inclusive, years of age -for entry-level employment in state service. -54661. -(a) The Sacramento County Office of Education shall develop an application and create criteria for selecting eligible organizations to provide job readiness training to eligible participants. -(b) The Sacramento County Office of Education shall award grants to selected eligible organizations that shall be used for the following purposes: -(1) To pay for trainers to provide job readiness training to eligible participants. -(2) To provide a stipend to an eligible participant who satisfies both of the following: -(A) Remains actively engaged in and attends the training as set forth in his or her individual service plan. -(B) If he or she has not received a high school diploma or high school equivalency certificate, the participant shall enroll, be actively engaged in, and attend a high school equivalency exam preparation class. -(c) The Sacramento County Office of Education shall compile disaggregated data on the number of participants enrolling in the program, the number of participants completing the program, the number of participants receiving a placement after completing the program, and the number of participants receiving state employment after completing a placement. The office, upon request, shall make this data available to the Department of Human Resources and the Legislature. -(d) For purposes of this article, the following definitions apply: -(1) “Eligible organization” means an organization that satisfies all of the following: -(A) The organization is exempt from federal income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code and is in compliance with all applicable laws and requirements. -(B) The organization demonstrates expertise in providing job readiness training. -(C) Any additional criteria required by the Sacramento County Office of Education to promote the job readiness training of eligible participants. -(2) “Eligible participant” means an individual who is -25 years of age or younger and who is certified by the State Department of Social Services as -18 to 25, inclusive, years of age and who is certified by a county as being, or -having been, for at least one year at any time on or after the date that the individual turns 15 years of age, either a recipient of foster care maintenance payments under a state plan approved under Part E of Title IV of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), or in a foster care program under the responsibility of the State of California. -(3) “Job readiness training” means an individual service plan that develops core competencies that create an experience and educational base for an individual to meet the qualifications for entry-level employment in state service. -54662. -This article shall remain in effect only until January 1, 2020, and as of that date is repealed. -SEC. 3. -Section 19816.22 is added to the Government Code, to read: -19816.22. -(a) The department, in consultation with the State Department of Social Services and the Sacramento County Office of Education, shall promote the training of foster youth who participate in the -Former -Foster Youth Job Readiness Training Pilot Program (Article 3 (commencing with Section 54660), Chapter 9, Part 29, Division 4, Title 2, Education Code) in specified entry-level unclassified positions for their eventual hiring in classified positions with any state agency or department that is located within the County of Sacramento, as determined by the department. -(b) A participant in the pilot program shall not apply for a classification unless he or she meets the minimum qualifications for that classification. -(c) After a participant in the pilot program has been trained in an unclassified position for three months, but before being trained for nine months, he or she shall take a written examination for the classification in which he or she is trained, if a written examination is generally required for other applicants in that classification. The participant shall be eligible to take the written examination only after receiving a positive recommendation from the appropriate supervisor. -(d) A participant in the pilot program who does not pass the written examination for the classification in which he or she is trained, or who does not receive a favorable promotional rating, shall be released from the training program. -(e) This section shall be repealed on January 1, 2020. -SEC. 4. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to enact Section 2 of this act -that adds Article 3 (commencing with Section 54660) to Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code -on a trial basis only, applied to one appropriately large and diverse county, before extending the act to every county in the state. -SEC. 5. -To the extent permitted by federal law, the sum of one million one hundred thousand dollars ($1,100,000) is hereby appropriated from the Consolidated Work Program Fund to the Sacramento County Office of Education for the purpose of implementing the -Former -Foster Youth Job Readiness Training Pilot Program pursuant to Article 3 (commencing with Section 54660) to Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code. -SEC. 6. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law, the State Civil Service Act, provides for filling certain state positions through the process of examinations and the establishment of eligible lists and promotional lists. Existing law requires the Department of Human Resources to administer the Personnel Classification Plan of the State of California, including the allocation of every position to the appropriate class in the classification plan. -Existing law requires the Department of Human Resources to administer the Limited Examination and Appointment Program (LEAP) to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in state civil service. Existing law requires the department to conduct competitive examinations to determine eligibility for appointment under LEAP and to refer the names of eligible applicants who meet the minimum qualifications of a job classification to the appointing powers for examination appointments, as specified. -Existing law authorizes the Employment Development Department to contract with a specified nonprofit organization meeting specified criteria to manage grant programs designed to help eligible at-risk youth complete their secondary education and acquire the skills necessary to successfully transition into the workforce or enroll in postsecondary education. -This bill would make legislative findings and declarations regarding the state’s responsibility for the well-being of foster youth and former foster youth. The bill, until January 1, 2020, would require the Department of Human Resources to establish an emancipated foster youth program to promote the training of qualified foster youth in specified entry-level unclassified positions for their eventual hiring in classified positions within Sacramento with any state agency or department as determined by the department. The bill would require a participant in the program to pass a written examination for the classification in which he or she is trained, if generally required for applicants in that classification, after 3 months, but before 9 months, of training. -(2) Existing law establishes a system of public elementary and secondary schools in this state, and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law establishes the Consolidated Work Program Fund in the State Treasury for the receipt of all moneys deposited pursuant to the federal Workforce Innovation and Opportunity Act. Existing law provides that moneys in the fund are to be made available, upon appropriation by the Legislature, to the Employment Development Department, for expenditure consistent with the purposes of the federal Workforce Innovation and Opportunity Act and the state plan required by the federal Workforce Innovation and Opportunity Act. -This bill would require the Sacramento County Office of Education to develop and administer the -Former -Foster Youth Job Readiness Training Pilot Program with moneys appropriated by the Legislature for that purpose. The bill would appropriate $1,100,000 from the Consolidated Work Program Fund to the Sacramento County Office of Education to develop an application and create criteria for selecting eligible organizations to provide job readiness training to eligible participants. The bill would require the Sacramento County Office of Education to award grants to selected eligible organizations to pay for trainers to provide job readiness training to eligible participants and to provide a stipend to eligible participants who satisfy specified conditions. The bill would require the Sacramento County Office of Education to compile information regarding participation in the program. The bill would repeal these provisions on January 1, 2020. -This bill would make legislative findings and declarations as to the necessity of a special statute for the Sacramento County Office of Education. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add and repeal Article 3 (commencing with Section 54660) of Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code, and to add and repeal Section 19816.22 of the Government Code, relating to state employment, and making an appropriation therefor." -1071,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 14230 of the Unemployment Insurance Code is amended to read: -14230. -(a) It is the intent of the Legislature that: -(1) California deliver comprehensive workforce services to jobseekers, students, and employers through a system of one-stop career centers. -(2) Services and resources target high-wage industry sectors with career advancement opportunities. -(3) Universal access to career services shall be available to adult residents regardless of income, education, employment barriers, or other eligibility requirements. Career services shall include, but not be limited to: -(A) Outreach, intake, and orientation to services available through the one-stop delivery system. -(B) Initial assessment of skill levels, aptitudes, abilities, and supportive service needs. -(C) Job search and placement assistance. -(D) Career counseling, where appropriate. -(E) Provision of labor market information. -(F) Provision of program performance and cost information on eligible providers of training services and local area performance measures. -(G) Provision of information on supportive services in the local area. -(H) Provision of information on the filing of claims for unemployment compensation benefits and unemployment compensation disability benefits. -(I) Assistance in establishing eligibility for welfare-to-work activities pursuant to Section 11325.8 of the Welfare and Institutions Code, and financial aid assistance. -(J) Comprehensive and specialized assessments of skill levels and service needs, including learning disability screening. -(K) Development of individual employment plans. -(L) Counseling. -(M) Career planning. -(N) Short-term prevocational services to prepare an individual for training or employment. -(4) State and federally funded workforce education, training, and employment programs shall be integrated in the one-stop delivery system to achieve universal access to the career services described in paragraph (3). -(5) Training services shall be made available to individuals who have met the requirements for career services, have been unable to obtain or retain employment through career services, are in need of training services to obtain or retain employment that leads to economic self-sufficiency or wages comparable to, or higher than, wages from previous employment, have the skills and qualifications to successfully participate in the training, and have selected a program of services directly linked to occupations in demand in the local or regional area. Training services may include: -(A) Occupational skill training including training for nontraditional employment. -(B) On-the-job training. -(C) Programs that combine workplace training with related instruction. -(D) Training programs operated by the private sector. -(E) Skill upgrading and retraining. -(F) Entrepreneurial training. -(G) Incumbent worker training, in accordance with Section 134(d)(4) of the federal Workforce Innovation and Opportunity Act. -(H) Transitional jobs, in accordance with Section 134(d)(5) of the federal Workforce Innovation and Opportunity Act. -(I) Job readiness training, provided in combination with any service under subparagraphs (A) to (H), inclusive. -(J) Adult education and literacy activities, including vocational English as a second language, provided in combination with subparagraphs (A) through (G), inclusive. -(K) Customized training conducted by an employer or a group of employers or a labor-management training partnership with a commitment to employ an individual upon completion of the training. -(6) As prescribed in the federal Workforce Innovation and Opportunity Act, adult recipients of public assistance, other low-income adults, and individuals who are basic skills deficient shall be given priority for training services and career services described in Section 134(d)(2)(A)(xii) of the federal Workforce Innovation and Opportunity Act. -(b) Each local workforce development board shall establish at least one full service one-stop career center in the local workforce development area. Each full service one-stop career center shall have all entities required to be partners in Section 3151 of Title 29 of the United States Code as partners and shall provide jobseekers with integrated employment, education, training, and job sea and directed to apprenticeable occupations, including preapprenticeship training, are conducted, to the maximum extent feasible, in coordination with one or more apprenticeship programs approved by the Division of Apprenticeship Standards for the occupation and geographic area. The California Workforce Development Board and each local board shall also develop a policy of fostering collaboration between community colleges and approved apprenticeship programs in the geographic area to provide preapprenticeship training, apprenticeship training, and continuing education in apprenticeable occupations through the approved apprenticeship programs. -(2) (A) The California Workforce Development Board and each local board also shall ensure, to the maximum extent feasible, that federal Workforce Innovation and Opportunity Act of 2014 funds respectively awarded by them for purposes of preapprenticeship training in the building and construction trades fund programs and services that do both of the following: -(i) Follow the Multi-Craft Core Curriculum implemented by the State Department of Education for its pilot project with California Partnership Academies. -(ii) Develop a plan for outreach and retention for women participants in the preapprenticeship program to help increase the representation of women in the building and construction trades. -(B) The California Workforce Development Board shall develop policies for the implementation of these provisions. -(f) In light of California’s diverse population, each one-stop career center should have the capacity to provide the appropriate services to the full range of languages and cultures represented in the community served by the one-stop career center. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.","Existing law provides that the California Workforce Development Board is responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system. Existing law requires that the California Workforce Development Board and each local workforce development board ensure that programs and services funded by the federal Workforce Innovation and Opportunity Act of 2014 and directed to apprenticeable occupations are conducted in coordination with apprenticeship programs approved by the Division of Apprenticeship Standards, as specified. Existing law also requires the California Workforce Development Board and each local workforce development board to develop a policy of fostering collaboration between community colleges and approved apprenticeship programs in the geographic area. -This bill would require the California Workforce Development Board and each local board to ensure that federal Workforce Innovation and Opportunity Act of 2014 funds respectively awarded by them for preapprenticeship training in the building and construction trades fund programs and services that follow the Multi-Craft Core Curriculum implemented by the State Department of Education and that develop a plan to help increase the representation of women in those trades, as specified. The bill would require the California Workforce Development Board to develop policies to implement these provisions. By imposing new requirements on the local workforce development boards, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 14230 of the Unemployment Insurance Code, relating to workforce development." -1072,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature hereby finds and declares all of the following: -(1) California is a world leader in innovation and harnessing the power of new technologies to promote efficiency, consumer benefits, and economic growth. -(2) The Internet and digital technologies enable government to provide services to the public and to transact business more efficiently than with paper-based processes. -(3) In 1995, in order to promote e-commerce and digital transactions with public agencies, California enacted Section 16.5 of the Government Code, which authorizes use of a “digital signature” in any written communication with a public agency in which a signature is required or used, consistent with regulations to be adopted by the Secretary of State. -(4) In 1999, California enacted the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.2) of Part 2 of Division 3 of the Civil Code), which provides that an “electronic signature” is valid and enforceable under any law that requires a signature in any transaction between two or more persons, including a government agency. -(5) The definition of “digital signature” in Section 16.5 of the Government Code and the definition of “electronic signature” in the Uniform Electronic Transactions Act are similar, and neither statute includes any cross-reference to the other, leading to confusion in the marketplace and among public agencies as to what law governs. -(6) A lack of clarity in the law creates a barrier to public agencies utilizing fully digital transactions that require a signature, including contracts, permits, and forms to obtain service or participate in government programs. As a result, both government and the public may not realize the benefits of digital transactions and online services, including efficiency, cost savings, convenience, and paper reduction. -(b) It is the intent of the Legislature to amend current law to clarify that a “digital signature” authorized by Section 16.5 of the Government Code and subject to regulations adopted by the Secretary of State is one type of “electronic signature” that a public agency may choose to adopt under the Uniform Electronic Transactions Act. -SEC. 2. -Section 1633.2 of the Civil Code is amended to read: -1633.2. -In this title the following terms have the following definitions: -(a) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. -(b) “Automated transaction” means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. -(c) “Computer program” means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. -(d) “Contract” means the total legal obligation resulting from the parties’ agreement as affected by this title and other applicable law. -(e) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. -(f) “Electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review by an individual. -(g) “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means. -(h) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. For purposes of this title, a “digital signature” as defined in subdivision (d) of Section 16.5 of the Government Code is a type of electronic signature. -(i) “Governmental agency” means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. -(j) “Information” means data, text, images, sounds, codes, computer programs, software, databases, or the like. -(k) “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. -(l) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. -(m) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. -(n) “Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures. -(o) “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. -SEC. 3. -Section 16.5 of the Government Code is amended to read: -16.5. -(a) In any written communication with a public entity, as defined in Section 811.2, in which a signature is required or used, any party to the communication may affix a signature by use of a digital signature that complies with the requirements of this section. If a public entity elects to use a digital signature, that digital signature shall have the same force and effect as the use of a manual signature if and only if it embodies all of the following attributes: -(1) It is unique to the person using it. -(2) It is capable of verification. -(3) It is under the sole control of the person using it. -(4) It is linked to data in such a manner that if the data are changed, the digital signature is invalidated. -(5) It conforms to regulations adopted by the Secretary of State. Initial regulations shall be adopted no later than January 1, 1997. In developing these regulations, the secretary shall seek the advice of public and private entities, including, but not limited to, the Department of Information Technology, the California Environmental Protection Agency, and the Department of General Services. Before the secretary adopts the regulations, he or she shall hold at least one public hearing to receive comments. -(b) The use or acceptance of a digital signature shall be at the option of the parties. Nothing in this section shall require a public entity to use or permit the use of a digital signature. -(c) Digital signatures employed pursuant to Section 71066 of the Public Resources Code are exempted from this section. -(d) “Digital signature” means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code. -(e) Nothing in this section shall limit the right of a public entity or government agency to use and accept an “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code. -(f) Regulations adopted by the Secretary of State to implement this section apply only to a public entity’s use of a “digital signature” and not to use of any other type of “electronic signature” authorized in the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code).","Existing law, the Uniform Electronic Transactions Act, provides that a record or signature may not be denied legal effect or enforceability solely because it is in electronic form and defines an electronic signature for purposes of the act. Existing provisions of the Government Code authorize the use of a digital signature in any written communication with a public entity, and specifies that in those communications, the use of a digital signature has the same force and effect as the use of a manual signature if it complies with specified requirements. -This bill would express the intent of the Legislature to clarify that a digital signature may be used to satisfy the requirements of an electronic signature under the Uniform Electronic Transactions Act. The bill would, for purposes of the Uniform Electronic Transactions Act, provide that an electronic signature includes a digital signature under the above described provisions of the Government Code and that a digital signature under those provisions is a type of an electronic signature as set forth in the Uniform Electronic Transaction Act. The bill would also revise the above-described provisions of the Government Code by specifying that if a public entity elects to use a digital signature, that meets specified requirements, the digital signature has the same force and effect of a manual signature in any communication with the public entity.","An act to amend Section 1633.2 of the Civil Code, and to amend Section 16.5 of the Government Code, relating to state government." -1073,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 70615 of the Government Code is amended to read: -70615. -The fee for filing any of the following appeals to the superior court is twenty-five dollars ($25): -(a) An appeal of a local agency’s decision regarding an administrative fine or penalty under Section 53069.4. -(b) An appeal under Section 40230 of the Vehicle Code of an administrative agency’s decision regarding a parking violation. -(c) An appeal under Section 99582 of the Public Utilities Code of a hearing officer’s determination regarding an administrative penalty for fare evasion or a passenger conduct violation. -(d) An appeal under Section 186.35 of the Penal Code of a law enforcement agency’s determination regarding the placement of an individual’s information in a shared gang database. -SEC. 2. -Section 186.34 of the Penal Code is amended to read: -186.34. -(a) (1) For purposes of this section, “shared gang database” shall mean any database that satisfies all of the following: -(A) Allows access for any local law enforcement agency. -(B) Contains personal, identifying information in which a person may be designated as a suspected gang member, associate, or affiliate, or for which entry of a person in the database reflects a designation of that person as a suspected gang member, associate, or affiliate. -(C) Is subject to Part 23 of Title 28 of the Code of Federal Regulations. If federal funding is no longer available to a database through the federal Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. Sec. 3711 et seq.), a database shall not have to satisfy this subparagraph to meet the definition of a “shared gang database.” -(2) A “shared gang database” does not include dispatch operator reports, information used for the administration of jail or custodial facilities, criminal investigative reports, probation reports, or information required to be collected pursuant to Section 186.30. -(3) Notwithstanding subparagraph (C) of paragraph (1), a “shared gang database” includes the CalGang system, operated pursuant to Part 23 of Title 28 of the Code of Federal Regulations. -(b) Notwithstanding subparagraph (C) of paragraph (1) of subdivision (a), a shared gang database, as defined in this section, shall retain records related to the gang activity of the individuals in the database consistent with the provisions contained in Section 23.20(h) of Title 28 of the Code of Federal Regulations. -(c) (1) Commencing January 15, 2018, and annually on January 15 thereafter, any law enforcement agency that elects to utilize a shared gang database, as defined in subdivision (a), shall submit a report to the Department of Justice, in a format developed by the department, that contains, by ZIP Code, referring agency, race, gender, and age, the following information: -(A) The number of persons included in the database on the day of reporting. -(B) The number of persons added to the database during the immediately preceding 12 months. -(C) The number of requests for removal of a person from the database received during the immediately preceding 12 months. -(D) The number of requests for removal of a person from the database that were granted during the immediately preceding 12 months. -(E) The number of persons automatically removed from the database during the immediately preceding 12 months. -(2) Commencing February 15, 2018, and annually on February 15 thereafter, the Department of Justice shall post each law enforcement agency’s report that contains the information collected pursuant to paragraph (1) on the department’s Internet Web site. -(d) (1) To the extent a local law enforcement agency elects to utilize a shared gang database, as defined in subdivision (a), prior to a local law enforcement agency designating a person as a suspected gang member, associate, or affiliate in a shared gang database, or submitting a document to the Attorney General’s office for the purpose of designating a person in a shared gang database, or otherwise identifying the person in a shared gang database, the local law enforcement agency shall provide written notice to the person, and shall, if the person is under 18 years of age, provide written notice to the person and his or her parent or guardian, of the designation and the basis for the designation, unless providing that notification would compromise an active criminal investigation or compromise the health or safety of the minor. -(2) The notice described in paragraph (1) shall describe the process for the person, or, if the person is under 18 years of age, for his or her parent or guardian, or an attorney working on behalf of the person, to contest the designation of the person in the database. The notice shall also inform the person of the reason for his or her designation in the database. -(e) (1) (A) A person, or, if the person is under 18 years of age, his or her parent or guardian, or an attorney working on behalf of the person may request information of any law enforcement agency as to whether the person is designated as a suspected gang member, associate, or affiliate in a shared gang database accessible by that law enforcement agency and what law enforcement agency made the designation. A request pursuant to this paragraph shall be in writing. -(B) If a person about whom information is requested pursuant to subparagraph (A) is designated as a suspected gang member, associate, or affiliate in a shared gang database by that law enforcement agency, the person making the request may also request information as to the basis for the designation for the purpose of contesting the designation as described in subdivision (f). -(2) The law enforcement agency shall provide information requested under paragraph (1), unless doing so would compromise an active criminal investigation or compromise the health or safety of the person if the person is under 18 years of age. -(3) The law enforcement agency shall respond to a valid request pursuant to paragraph (1) in writing to the person making the request within 30 calendar days of receipt of the request. -(f) Subsequent to the notice described in subdivision (d), the person to be designated as a suspected gang member, associate, or affiliate, or his or her parent or guardian, may submit written documentation to the local law enforcement agency contesting the designation. The local law enforcement agency shall review the documentation, and if the agency determines that the person is not a suspected gang member, associate, or affiliate, the agency shall remove the person from the shared gang database. The local law enforcement agency shall provide the person and his or her parent or guardian with written verification of the agency’s decision within 30 days of submission of the written documentation contesting the designation. If the law enforcement agency denies the request for removal, the notice of its determination shall state the reason for the denial. The person may appeal the denial pursuant to Section 186.35. -(g) Nothing in this section shall require a local law enforcement agency to disclose any information protected under Section 1040 or 1041 of the Evidence Code or Section 6254 of the Government Code. -SEC. 3. -Section 186.35 is added to the Penal Code, to read: -186.35. -(a) A person who is listed by a law enforcement agency in a shared gang database as a gang member, suspected gang member, associate, or affiliate and who has contested his or her designation pursuant to subdivision (f) of Section 186.34, may seek review within 90 calendar days of the agency’s mailing or personal service of the verification of the decision by filing an appeal to be heard by the superior court. A proceeding under this subdivision is a limited civil case. A copy of the notice of appeal shall be served in person or by first-class mail upon the agency by the person. For purposes of computing the 90-calendar-day period, Section 1013 of the Code of Civil Procedure shall be applicable. -(b) The evidentiary record for the appeal shall be limited to the agency’s statement of basis of its designation made pursuant to subdivision (e) of Section 186.34, and the documentation provided to the agency by the appellant pursuant to subdivision (f) of Section 186.34. If, upon de novo review and any arguments presented to the court, the court finds that the law enforcement agency has failed to establish the petitioner’s active gang membership, associate status, or affiliate status by clear and convincing evidence, the court shall order the law enforcement agency to remove the name of the person from the shared gang database. -(c) The fee for filing the notice of appeal is as provided in Section 70615 of the Government Code. The court shall notify the person of the appearance date by mail or personal delivery. The court shall retain the fee under Section 70615 of the Government Code regardless of the outcome of the appeal. If the court finds in favor of the person, the amount of the fee shall be reimbursed to the person by the agency. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the California Street Terrorism Enforcement and Prevention Act (act), provides specified punishments for certain crimes committed for the benefit of, at the direction of, or in association with, a criminal street gang, as specified. The act defines a “shared gang database” as having various attributes, including, among others, that the database contains personal, identifying information in which a person may be designated as a suspected gang member, associate, or affiliate, or for which entry of a person in the database reflects a designation of that person as a suspected gang member, associate, or affiliate. Existing law requires a law enforcement agency, before designating a person as a suspected gang member, associate, or affiliate in the database, to provide a written notice to the person’s parent or guardian, if the person is a minor. -This bill would require the notice described above to be provided to an adult before designating a person as a suspected gang member, associate, or affiliate in the database. The bill would require these databases to comply with federal requirements regarding the privacy and accuracy of information in the database, and other operating principles for maintaining these databases. The bill would require local law enforcement, commencing January 15, 2018, and every January 15 thereafter to submit specified data pertaining to the database to the Department of Justice, and would require the Department of Justice, commencing February 15, 2018, and every February 15 thereafter, to post that information on the department’s Internet Web site. -By imposing additional duties on local law enforcement entities, this bill would impose a state-mandated local program. -The bill would establish a procedure for a person designated in a shared gang database who has contested that designation with the local law enforcement agency and whose challenge has been denied to appeal to the superior court. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 70615 of the Government Code, and to amend Section 186.34 of, and to add Section 186.35 to, the Penal Code, relating to criminal gangs." -1074,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) A more efficient water transfer process and a more accessible water market can play important roles in reducing uncertainty and water shortage impacts on the state’s economy now and in the future. -(b) -The California Water Action Plan calls for making improvements to the water transfer process as part of a comprehensive, long-term water management policy. -(c) -While numerous water agencies and water users currently participate in the water market, water transfer processes are complex and water market information may not be readily available to the public and all potential sellers and buyers. -(d) -Providing greater transparency in and access to water marketing will provide a needed tool to increase water supplies by leveraging significant local and regional investments made over the past two decades to increase water supply reliability. -(e) -An enhanced water market, used in conjunction with investments in conveyance, water use efficiency, including water conservation and water recycling, surface and groundwater storage, desalination, and other strategies, will add to the water supplies that are available to help the state weather multiple years of drought and protect economic and environmental uses of water. -(f) -Voluntary water transfers are a proven and effective way to help meet California’s water needs, as evidenced by the landmark 1991 Governor’s Emergency Drought Water Bank and numerous subsequent water banks, exchanges, and short- and long-term water transfers. -(g) -Water markets can improve water use efficiency and pricing, which in turn can contribute to increased water supply for consumptive uses, enhanced stream flows, and more water for wetlands and other environmental resources. This benefit would be of particular importance during prolonged drought. -(h) -Improving the water transfer process and enhancing access to water markets can accomplish all of the following: -(1) Protect existing local and regional investments. -(2) -Improve coordination among water agencies. -(3) -Incentivize significant investments in water use efficiency projects and programs. -(4) -Increase water supply and water supply reliability for urban and agricultural water users. -(5) -Increase the quantities or improve the timing of water available for transfers by providing information to sellers and buyers who might not otherwise have sufficient information to participate in water markets. -(6) -Benefit the environment by enhancing the state’s water supplies and increasing the amount or improving the timing of water available for environmental uses. -(7) -Benefit communities by bolstering water supplies and reducing reliance on groundwater resources. -SEC. 2. -Chapter 7.5 (commencing with Section 485) is added to Division 1 of the Water Code, to read: -CHAPTER 7.5. California Water Market Clearinghouse -485. -This chapter shall be known, and may be cited, as the California Water Market Clearinghouse Act of 2016. -486. -It is the intent of the Legislature to create the California Water Market Clearinghouse to do all of the following: -(a) Advance water sustainability, resiliency, and adaptability to drought and climate change by promoting efficient water markets. -(b) Provide important benefits and opportunities for disadvantaged communities and environmental resources. -(c) Increase agency coordination, transparency, and decisionmaking capacity. -(d) Facilitate water transfers and water user access to exchanges by the establishment of a centralized market information platform and better coordinated review and approval processes, thereby streamlining the process. This can be achieved without a significant increase in the overall transaction costs or regulatory burdens associated with water transfer processes. -(e) Enable and encourage public and private investments in water use efficiency and other water-saving measures through participation in water transfers and exchanges. -(f) Promote and enable water transfers and exchanges as effective mechanisms for management of sustainable surface and groundwater resources in the state. -(g) Protect environmental resources, including groundwater, consistent with the requirements of the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6). -(h) Protect drinking water supplies in areas of origin from cumulative impacts of multiple or long-term water transfers and exchanges. -487. -(a) On and after July 1, 2018, the California Water Market Clearinghouse shall operate as an independent office within the Natural Resources Agency. The purpose of the California Water Market Clearinghouse is to make the water transfer and exchange process more transparent and more efficient and to enhance access to voluntary water market transactions, in particular those that provide environmental or social benefits. -(b) The director of the California Water Market Clearinghouse shall be appointed by the Secretary of the Natural Resources Agency. -488. -(a) On or before December 31, 2018, the California Water Market Clearinghouse shall create a centralized water market platform on its Internet Web site that provides ready access to information that has been provided about water available for transfer or exchange and information about the process for transferring or exchanging water. The platform shall be readily available to the public and contain all water transfer or exchange data and information collected by the California Water Market Clearinghouse. -(b) On or before December 31, 2018, the California Water Market Clearinghouse shall consider and act upon the recommendations submitted by the Water Market Clearinghouse Task Force and shall establish administrative procedures under which state agencies shall more expediently act upon proposed water transfers or exchanges. Those procedures shall require state agencies to prioritize projects that provide environmental and community benefits or have a demonstrated history of minimal potential impact to other legal water users or instream beneficial uses. The California Water Market Clearinghouse shall act consistent with rulemaking procedures of the state and shall work in collaboration with other state agencies to make necessary changes in the rules and regulations governing water transfers and exchanges. -(c) On and after January 1, 2020, all transfers or exchanges that require conveyance across the Sacramento-San Joaquin Delta or result in conveyance of water from one watershed to another shall be submitted to the California Water Market Clearinghouse and processed according to the procedures and standards established, pursuant to subdivision (b), by the California Water Market Clearinghouse in coordination with other state and federal agencies. -(d) On or before December 31, 2018, the Natural Resources Agency shall create within the California Water Market Clearinghouse an Office of the Water Transfer Advocate and appoint a Water Transfer Advocate. -(e) Nothing in this chapter provides authority to the California Water Market Clearinghouse to approve or disapprove water transfers or exchanges. -489. -(a) In order to provide the California Water Market Clearinghouse with appropriate recommendations to improve the water transfer process and increase access to the water market as part of a comprehensive, long-term water management policy, the Secretary of the Natural Resources Agency shall convene a task force, to be known as the Water Market Clearinghouse Task Force. -(b) The Water Market Clearinghouse Task Force shall make recommendations, based upon the best available science, to the California Water Market Clearinghouse regarding all of the following: -(1) How to aggregate and disclose in a publicly accessible manner the information required to be submitted in support of an application to transfer water pursuant to Section 1725 or any other law. The information should include, but not be limited to, all of the following: -(A) The names of the water buyer and seller. -(B) The quantity of water to be transferred or exchanged. -(C) The price to be paid for the water transfer or exchange. -(D) The time and duration of the water transfer or exchange. -(E) The nature of the underlying right to the water proposed to be transferred or exchanged. -(F) The origin and proposed point of use, place of use, and purpose of use of the transferred or exchanged water. -(G) A description of the conveyance and storage facilities necessary to complete the transfer or exchange. -(H) An identification of any third-party impacts including, but not limited to, water quality impacts. -(2) The information required for water users and the public to readily track the progress of a proposed transfer through agency review to ensure expedient approval whenever possible. -(3) The type of information that the California Water Market Clearinghouse should require to be submitted to it by state or local agencies that approve a water transfer or exchange after the transfer or exchange is completed. The information should include, but not be limited to, all of the following: -(A) The quantity of water transferred or exchanged. -(B) The new place of use for the transferred or exchanged water. -(C) The new point of rediversion for the transferred or exchanged water. -(D) The parties to the water transfer or exchange. -(E) The conveyance and storage facilities used to complete the water transfer or exchange. -(F) The time and duration of the water transfer or exchange. -(4) Procedures and standards designed to provide for all of the following: -(A) Better coordinated review of and action upon applications or proposals to transfer or exchange water, or both. -(B) Priority for projects that provide environmental and community benefits or have demonstrated a history of minimal potential impact to other legal water users or instream beneficial uses. -(C) Reduced transaction costs of water transfers and exchanges. -(D) Comprehensive evaluation of transfers that should be eligible for expedited review, with consideration of drinking water supply, environmental quality, and groundwater sustainability benefits and impacts. -(E) Assurance that transfers and exchanges protect environmental and community resources in areas of origin and in recipient areas. -(F) Demonstration that a transfer will not adversely affect groundwater conditions in any areas involved in the transfer. -(c) In addition to the recommendations required pursuant to subdivision (b), the Water Market Clearinghouse Task Force may consider and make recommendations, based upon the best available science, to the California Water Market Clearinghouse regarding any or all of the following: -(1) Consolidating places of use. -(2) Incentivizing and facilitating water use efficiency-related water transfers, as well as transfers between environmental uses. -(3) Developing and facilitating pilot transfers based on crop fallowing and other practices to quantify and validate consumptive water use rates and incorporating findings into water transfer guidelines. -(4) Providing transparency regarding Delta carriage water loss analysis. -(5) Establishing or documenting conveyance access protocols. -(6) Creating market mechanisms for access to capital. -(d) (1) The Water Market Clearinghouse Task Force shall be composed of the following members: -(A) One representative from each of the following state agencies: -(i) The Natural Resources Agency. This representative shall serve as the chair of the Water Market Clearinghouse Task Force. -(ii) The department. -(iii) The Department of Fish and Wildlife. -(iv) The Department of Food and Agriculture. -(v) The Office of Planning and Research. -(vi) The board. -(B) Representatives from academia, agricultural water suppliers, municipal water suppliers, disadvantaged communities, environmental and conservation organizations, and groundwater management entities. -(C) Representatives from entities that have participated in water transfers as sellers and buyers of water. -(2) The federal water and resources agencies shall be invited to have representatives participate in the Water Market Clearinghouse Task Force. -(e) The Water Market Clearinghouse Task Force shall conduct three public meetings to consider public comments on draft recommendations to the California Water Market Clearinghouse. The Water Market Clearinghouse Task Force shall publish draft recommendations at least 30 days before the public meetings. One public meeting shall be conducted at a location in northern California, one public meeting shall be conducted at a location in the central valley of California, and one public meeting shall be conducted at a location in southern California. The Water Market Clearinghouse Task Force shall invite California Native American tribes, environmental justice organizations, cities, counties, and local production agricultural organizations to participate in the public meetings. -(f) On or before January 1, 2018, the Water Market Clearinghouse Task Force shall submit its recommendations to the California Water Market Clearinghouse. -490. -(a) Anyone submitting information pursuant to subdivision (c) of Section 488 shall pay an administrative fee, established by the California Water Market Clearinghouse, to recover the reasonable costs of the California Water Market Clearinghouse in administering this chapter. -(b) Fees imposed pursuant to subdivision (a) shall be deposited in the California Water Market Clearinghouse Fund, which is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, to the California Water Market Clearinghouse for the purposes of this chapter. -491. -This chapter applies in addition to any other law relating to water transfers and exchanges. -SECTION 1. -It is the intent of the Legislature in creating the California Water Market Exchange that the market exchange do all of the following: -(a)Create water sustainability, resiliency, and adaptability to drought and climate change. -(b)Provide important benefits and opportunities for disadvantaged communities and environmental resources. -(c)Increase transparency and decisionmaking capacity by better integrating data collection and reporting. -(d)Facilitate water transfers and exchanges by the establishment of a centralized exchange platform and streamline review and approval processes. -(e)Enable and encourage public and private investments in water use efficiency measures through participation in water transfers and exchanges. -(f)Provide water transfers and exchanges as an effective mechanism for sustainable management of surface and groundwater resources in the state. -SEC. 2. -Chapter 7.5 (commencing with Section 485) is added to Division 1 of the -Water Code -, to read: -7.5. -California Water Market Exchange -485. -This chapter shall be known, and may be cited, as the California Water Market Exchange Act of 2016. -486. -The following definitions govern the construction of this chapter: -(a)“Disadvantaged community” has the same meaning as defined in Section 79505.5. -(b)“Market exchange” means the California Water Market Exchange established in Section 487. -(c)“Small community water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. -487. -(a)The California Water Market Exchange is hereby established in the Natural Resources Agency. -(b)The market exchange shall be governed by a five-member board, composed as follows: -(1)The Secretary of the Natural Resources Agency. -(2)Four individuals appointed by the Governor. -(c)Each board member appointed by the Governor shall hold office for a term of four years. The Governor shall stagger the terms of the initial members appointed. A vacancy shall be filled by the Governor by appointing a member to serve the remainder of the term. -488. -(a)On or before December 31, 2017, the market exchange shall create a centralized water market platform on its Internet Web site that provides ready access to information about water available for transfer or exchange. The platform shall be readily available to the public and contain all data and information collected by the market exchange in order to ensure transparency of information regarding the quantities of water available for transfer or exchange and the prices paid for transferred or exchanged water. -(b)Before a transfer or exchange of water, the market exchange shall require the submission of data and information that includes, but is not limited to, all of the following: -(1)The names of the water buyer and seller. -(2)The quantity of water to be transferred or exchanged. -(3)The price to be paid for the water transfer or exchange. -(4)The time and duration of the water transfer or exchange. -(5)The nature of the underlying right to the water proposed to be transferred or exchanged. -(6)The origin location and proposed place of use of the transferred or exchanged water. -(7)A description of the conveyance and storage facilities necessary to complete the transfer or exchange. -(8)An identification of any third-party impacts that may result from the transfer or exchange. -(c)After a transfer or exchange of water, the market exchange shall require the submission of data and information that includes, but is not limited to, all of the following: -(1)The quantity of water transferred or exchanged. -(2)The conveyance and storage facilities used to complete the water transfer or exchange. -(3)The time and duration of the water transfer or exchange. -489. -The Legislature intends that water transfers and exchanges protect and enhance environmental and community benefits that include the following: -(a)Instream flows and ecosystem water supply. -(b)Improved water monitoring and data networks. -(c)Ecosystem restoration projects benefitting aquatic and riparian species. -(d)Improved drinking water supply and quality projects. -(e)Development of needed technical, managerial, and financial capacity for disadvantaged communities. -(f)Acquisition through the market exchange of needed water supplies for small community water systems. -490. -On or before December 31, 2017, the market exchange shall do both of the following: -(a)Develop procedures, in consultation with federal, state, and local agencies with jurisdiction over water transfers or exchanges, to streamline and expedite review and action upon applications to transfer or exchange water and to prioritize projects that provide environmental and community benefits as described in Section 489. The procedures shall recommend types of transfers and exchanges that could be more routinely approved. -(b)Establish standards and procedures to ensure that transfers and exchanges protect environmental and community benefits consistent with Section 489 and to encourage projects that improve environmental conditions, provide safe drinking water, and provide other community benefits. -491. -(a)Anyone submitting information pursuant to subdivision (b) or (c) of Section 488 shall pay an administrative fee, established by the market exchange, to recover the reasonable costs of the market exchange in administering this chapter. -(b)Fees imposed pursuant to subdivision (a) shall be deposited in the California Water Market Exchange Fund that is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, to the market exchange for the purposes of this chapter. -492. -(a)This chapter applies in addition to any other law relating to water transfers and exchanges. -(b)This chapter applies to all transfers and exchanges of water occurring on or after January 1, 2018.","Existing law, the Costa-Isenberg Water Transfer Act of 1986, requires the Department of Water Resources to establish an ongoing program to facilitate the voluntary exchange or transfer of water and implement the various laws that pertain to water transfers. The act requires the department to create and maintain a list of entities seeking to enter into water supply transfers, leases, exchanges, or other similar arrangements and to maintain a list of the physical facilities that may be available to carry out water supply transfers. The act requires the department to prepare a water transfer guide with prescribed components. -This -bill -bill, on and after July 1, 2018, -would establish the California Water Market -Exchange, governed by a 5-member board, in -Clearinghouse as an independent office -within -the Natural Resources -Agency. -Agency for the purpose of making the water transfer and exchange process more transparent and more efficient -and to enhance access to voluntary water market transactions, as specified. -This bill would require the -market exchange, on or before December 31, 2017, -clearinghouse, on or before December 31, 2018, -to create a centralized water market platform on its Internet Web site that provides ready access to information -that has been provided -about water available for transfer or -exchange. -exchange and information about the process for transferring or exchanging water. The bill would require the Secretary of the Natural Resources Agency to convene a Water Market Clearinghouse Task Force, composed as prescribed, and would require the task force to make recommendations to the clearinghouse, as specified. The bill, on or before December 31, 2018, would require the clearinghouse to consider and act upon the recommendations submitted by the task force in order to establish administrative procedures under which state agencies would more expediently act upon proposed water transfers or exchanges and would prioritize projects that provide environmental and community benefits or have a demonstrated history of minimal potential impact to other legal water users or instream beneficial uses. The bill would require the clearinghouse to work in collaboration with other state agencies to make necessary changes in the rules and regulations governing water transfers and exchanges. -This -bill, for -bill would require -all transfers -and -or -exchanges of water occurring on or after January 1, -2018, would require the submission of certain data and information to the market exchange and -2020, that require conveyance across the Sacramento-San Joaquin Delta or result in conveyance of water from one watershed to another -to be submitted to the clearinghouse and processed, as specified, and would require -the payment of an administrative fee to the -market exchange, -clearinghouse for this processing, -as specified. -This bill would require the market exchange to develop specified procedures in consultation with federal, state, and local agencies. -The bill, on or before December 31, 2018, would require the agency to create an Office of the Water Transfer Advocate within the clearinghouse and to appoint an advocate.","An act to add Chapter 7.5 (commencing with Section 485) to Division 1 of the Water Code, relating to water." -1075,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 48645.3 of the Education Code is amended to read: -48645.3. -(a) Juvenile court schools shall be conducted in a manner as shall be prescribed by the county board of education to best accomplish the provisions of Section 48645. The minimum schoolday shall be 240 minutes. Minimum schooldays shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The minimum schoolday for pupils in attendance in approved vocational education programs, work programs prescribed by the probation department pursuant to Section 883 of the Welfare and Institutions Code, and work experience programs shall be 180 minutes, which shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The county board of education shall adopt and enforce a course of study and evaluate its program in accordance with Sections 51040, 51041, 51050, and 51054 and the provisions of Article 3 (commencing with Section 51220) of Chapter 2 of Part 28, except subdivision (c) of Section 51220. -(b) Juvenile court schools shall not be closed on any weekday of the calendar year, except those weekdays adopted by the county board of education as school holidays or set aside by the county board of education for inservice purposes. However, the county board of education may close juvenile court schools when it deems the closing is necessary to accommodate contingencies. -(c) (1) The county board of education may adopt and enforce a course of study that enhances instruction in mathematics and English language arts for pupils attending juvenile court schools, as determined by statewide assessments or objective local evaluations and assessments as approved by the county superintendent of schools. -(2) The enhanced course of study adopted pursuant to paragraph (1) shall meet the standards adopted pursuant to Section 60605.8, as appropriate, and shall be tailored to meet the needs of the individual pupil to increase the pupil’s academic literacy and reading fluency. -(d) It is the intent of the Legislature that pupils in juvenile court schools have a rigorous curriculum that includes a course of study preparing them for high school graduation and career entry and fulfilling the requirements for admission to the University of California and the California State University. -SEC. 2. -Section 48645.5 of the Education Code is amended to read: -48645.5. -(a) Each public school district and county office of education shall accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency. The coursework shall be transferred by means of the standard state transcript. If a pupil completes the graduation requirements of his or her school district of residence while being detained, the school district of residence shall issue to the pupil a diploma from the school the pupil last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma. -(b) A pupil shall not be denied enrollment or readmission to a public school solely on the basis that he or she has had contact with the juvenile justice system, including, but not limited to: -(1) Arrest. -(2) Adjudication by a juvenile court. -(3) Formal or informal supervision by a probation officer. -(4) Detention for any length of time in a juvenile facility or enrollment in a juvenile court school. -(c) Pursuant to subparagraph (B) of paragraph (8) of subdivision (f) of Section 48853.5, a pupil who has had contact with the juvenile justice system shall be immediately enrolled in a public school. -(d) If a pupil completes the statewide coursework requirements for graduation specified in Section 51225.3 while attending a juvenile court school, the county office of education shall issue to the pupil a diploma of graduation and shall not require the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements. -SEC. 3. -Section 51225.1 of the Education Code is amended to read: -51225.1. -(a) Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, or a former juvenile court school pupil, as defined in Section 51225.2, who transfers between schools any time after the completion of the pupil’s second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school. -(b) If the school district determines that the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil is reasonably able to complete the school district’s graduation requirements within the pupil’s fifth year of high school, the school district shall do all of the following: -(1) Inform the pupil of his or her option to remain in school for a fifth year to complete the school district’s graduation requirements. -(2) Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school district’s graduation requirements will affect the pupil’s ability to gain admission to a postsecondary educational institution. -(3) Provide information to the pupil about transfer opportunities available through the California Community Colleges. -(4) Permit the pupil to stay in school for a fifth year to complete the school district’s graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil. -(c) To determine whether a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupil’s school enrollment may be used, whichever will qualify the pupil for the exemption. -(d) (1) (A) Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption. -(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section. -(2) (A) Within 30 calendar days of the date that a pupil who is a homeless child or youth may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption. -(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section. -(3) (A) Within 30 calendar days of the date that a former juvenile court school pupil may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption. -(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section. -(e) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school. -(f) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupil’s ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges. -(g) A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements. -(h) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption. -(i) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption. -(j) (1) If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district. -(2) If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district. -(3) If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district. -(k) A school district shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to transfer schools in order to qualify the pupil for an exemption pursuant to this section. -(l) (1) A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. -(2) A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. -(3) A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. -(m) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. -(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. -(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. -(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. -SEC. 4. -Section 51225.2 of the Education Code is amended to read: -51225.2. -(a) For purposes of this section, the following definitions apply: -(1) “Pupil in foster care” means a child who has been removed from his or her home pursuant to Section 309 of the Welfare and Institutions Code, is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, or has been removed from his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code. -(2) “Pupil who is a homeless child or youth” means a pupil who meets the definition of “homeless child or youth” in Section 11434a(2) of Title 42 of the United States Code. -(3) “Former juvenile court school pupil” means a pupil who, upon completion of the pupil’s second year of high school, transfers to a school district, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school. -(b) Notwithstanding any other law, a school district and county office of education shall accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and shall issue that pupil full or partial credit for the coursework completed. -(c) The credits accepted pursuant to subdivision (b) shall be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, or nonpublic, nonsectarian school or agency. -(d) A school district or county office of education shall not require a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, or a nonpublic, nonsectarian school or agency. If the pupil did not complete the entire course, the school district or county office of education shall not require the pupil to retake the portion of the course the pupil completed unless the school district or county office of education, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course. -(e) A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California. -(f) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. -(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. -(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. -(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. -SEC. 5. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the administration and operation of juvenile court schools by the county board of education. -This bill would express the Legislature’s intent that juvenile court schools have a rigorous curriculum that includes a course of study that prepares pupils for high school graduation and career entry and fulfills the requirements for admission to the California State University and the University of California. -Existing law prescribes the course of study a pupil is required to complete while in grades 9 to 12, inclusive, in order to receive a diploma of graduation, and authorizes the governing board of a school district to prescribe other coursework requirements that are in addition to the statewide requirements. Existing law exempts pupils in foster care and pupils who are homeless children or youths from local graduation requirements and also requires a school district and county office of education to accept coursework satisfactorily completed by those pupils while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school. -This bill would make that exemption and requirement to accept coursework satisfactorily completed applicable to former juvenile court school pupils, as defined. The bill would also require a county office of education to issue a diploma of graduation to a pupil who completes statewide coursework requirements for graduation while attending a juvenile court school but does not complete coursework and other requirements that are in addition to the statewide graduation requirements. By placing additional requirements on school districts and county offices of education, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain cidden""> -Bill Text -The people of the State of California do enact as follows: - - -SECTION 1. -Section 48645.3 of the Education Code is amended to read: -48645.3. -(a) Juvenile court schools shall be conducted in a manner as shall be prescribed by the county board of education to best accomplish the provisions of Section 48645. The minimum schoolday shall be 240 minutes. Minimum schooldays shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The minimum schoolday for pupils in attendance in approved vocational education programs, work programs prescribed by the probation department pursuant to Section 883 of the Welfare and Institutions Code, and work experience programs shall be 180 minutes, which shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The county board of education shall adopt and enforce a course of study and evaluate its program in accordance with Sections 51040, 51041, 51050, and 51054 and the provisions of Article 3 (commencing with Section 51220) of Chapter 2 of Part 28, except subdivision (c) of Section 51220. -(b) Juvenile court schools shall not be closed on any weekday of the calendar year, except those weekdays adopted by the county board of education as school holidays or set aside by the county board of education for inservice purposes. However, the county board of education may close juvenile court schools when it deems the closing is necessary to accommodate contingencies. -(c) (1) The county board of education may adopt and enforce a course of study that enhances instruction in mathematics and English language arts for pupils attending juvenile court schools, as determined by statewide assessments or objective local evaluations and assessments as approved by the county superintendent of schools. -(2) The enhanced course of study adopted pursuant to paragraph (1) shall meet the standards adopted pursuant to Section 60605.8, as appropriate, and shall be tailored to meet the needs of the individual pupil to increase the pupil’s academic literacy and reading fluency. -(d) It is the intent of the Legislature that pupils in juvenile court schools have a rigorous curriculum that includes a course of study preparing them for high school graduation and career entry and fulfilling the requirements for admission to the University of California and the California State University. -SEC. 2. -Section 48645.5 of the Education Code is amended to read: -48645.5. -(a) Each public school district and county office of education shall accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency. The coursework shall be transferred by means of the standard state transcript. If a pupil completes the graduation requirements of his or her school district of residence while being detained, the school district of residence shall issue to the pupil a diploma from the school the pupil last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma. -(b) A pupil shall not be denied enrollment or readmission to a public school solely on the basis that he or she has had contact with the juvenile justice system, including, but not limited to: -(1) Arrest. -(2) Adjudication by a juvenile court. -(3) Formal or informal supervision by a probation officer. -(4) Detention for any length of time in a juvenile facility or enrollment in a juvenile court school. -(c) Pursuant to subparagraph (B) of paragraph (8) of subdivision (f) of Section 48853.5, a pupil who has had contact with the juvenile justice system shall be immediately enrolled in a public school. -(d) If a pupil completes the statewide coursework requirements for graduation specified in Section 51225.3 while attending a juvenile court school, the county office of education shall issue to the pupil a diploma of graduation and shall not require the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements. -SEC. 3. -Section 51225.1 of the Education Code is amended to read: -51225.1. -(a) Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, or a former juvenile court school pupil, as defined in Section 51225.2, who transfers between schools any time after the completion of the pupil’s second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school. -(b) If the school district determines that the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil is reasonably able to complete the school district’s graduation requirements within the pupil’s fifth year of high school, the school district shall do all of the following: -(1) Inform the pupil of his or her option to remain in school for a fifth year to complete the school district’s graduation requirements. -(2) Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school district’s graduation requirements will affect the pupil’s ability to gain admission to a postsecondary educational institution. -(3) Provide information to the pupil about transfer opportunities available through the California Community Colleges. -(4) Permit the pupil to stay in school for a fifth year to complete the school district’s graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil. -(c) To determine whether a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupil’s school enrollment may be used, whichever will qualify the pupil for the exemption. -(d) (1) (A) Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption. -(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section. -(2) (A) Within 30 calendar days of the date that a pupil who is a homeless child or youth may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption. -(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section. -(3) (A) Within 30 calendar days of the date that a former juvenile court school pupil may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption. -(B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section. -(e) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school. -(f) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupil’s ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges. -(g) A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements. -(h) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption. -(i) If a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption. -(j) (1) If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district. -(2) If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district. -(3) If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district. -(k) A school district shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to transfer schools in order to qualify the pupil for an exemption pursuant to this section. -(l) (1) A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. -(2) A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. -(3) A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. -(m) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. -(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. -(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. -(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. -SEC. 4. -Section 51225.2 of the Education Code is amended to read: -51225.2. -(a) For purposes of this section, the following definitions apply: -(1) “Pupil in foster care” means a child who has been removed from his or her home pursuant to Section 309 of the Welfare and Institutions Code, is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, or has been removed from his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code. -(2) “Pupil who is a homeless child or youth” means a pupil who meets the definition of “homeless child or youth” in Section 11434a(2) of Title 42 of the United States Code. -(3) “Former juvenile court school pupil” means a pupil who, upon completion of the pupil’s second year of high school, transfers to a school district, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school. -(b) Notwithstanding any other law, a school district and county office of education shall accept coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and shall issue that pupil full or partial credit for the coursework completed. -(c) The credits accepted pursuant to subdivision (b) shall be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, or nonpublic, nonsectarian school or agency. -(d) A school district or county office of education shall not require a pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, or a nonpublic, nonsectarian school or agency. If the pupil did not complete the entire course, the school district or county office of education shall not require the pupil to retake the portion of the course the pupil completed unless the school district or county office of education, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, or the former juvenile court school pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course. -(e) A pupil in foster care, a pupil who is a homeless child or youth, or a former juvenile court school pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California. -(f) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. -(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. -(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. -(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. -SEC. 5. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","An act to amend Sections 48645.3, 48645.5, 51225.1, and 51225.2 of the Education Code, relating to juvenile court school pupils." -1076,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 36 of the Code of Civil Procedure is amended to read: -36. -(a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: -(1) The party has a substantial interest in the action as a whole. -(2) The health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation. -(b) A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision. -(c) Unless the court otherwise orders: -(1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared. -(2) At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference. -(d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. -(e) Notwithstanding any other -provision of -law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference. -(f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party. -(g) Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider’s alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted. -(h) In an asbestos tort action, as defined in Section 821, a plaintiff bringing a motion for preference shall submit a sworn affidavit in support stating each of the following: -(1) That he or she has complied with the disclosure requirements of subdivision (a) of Section 822. -(2) That he or she has made a good faith effort to determine if there are any asbestos trusts against which he or she has a basis to make a claim and, if there are, that he or she has made claims with all of those asbestos trusts. -(i) A plaintiff in an asbestos tort action, as defined in Section 821, shall not be entitled to a trial preference pursuant to this section if the plaintiff is subject to an order issued pursuant to Section 825. -SEC. 2. -Chapter 6 (commencing with Section 820) is added to Title 10 of Part 2 of the Code of Civil Procedure, to read: -CHAPTER 6. Actions Relating to Asbestos Tort Claims -820. -This chapter shall be known, and may be cited, as the Asbestos Tort Claim Trust Transparency Act. -821. -The following terms are defined as follows: -(a) “Asbestos tort action” means any action involving an asbestos tort claim. -(b) “Asbestos tort claim” means a claim for damages, loss, indemnification, contribution, restitution, or other relief, including punitive damages, related to personal injury or death of a person for whom an asbestos trust may be responsible, including, without limitation, lost earnings or earning capacity, medical expenses, medical monitoring, loss of consortium, loss of the ability to provide household services, loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance, mental or emotional distress, or any other harm for which an asbestos trust claim may be asserted under law. -(c) “Asbestos trust” means a trust entity, qualified settlement fund, or claims processing facility established or in the process of being established pursuant to an administrative or legal action or a United States Bankruptcy court pursuant to Section 524(g) of Title 11, or Section 40101 of Title 49, of the United States Code, or other law formed for the purpose of compensating claimants asserting eligible asbestos tort claims. -(d) “Asbestos trust claim” means any asbestos tort claim filed or that could be filed with an asbestos trust. -(e) “Asbestos trust claim documents” means all writings, as defined by Section 250 of the Evidence Code, and information relevant to a pending or potential claim against an asbestos trust, including all proof of claim forms and all supplementary or supporting materials submitted to, or required by, an asbestos trust for an asbestos trust claim to be evaluated for compensation, including, without limitation, affidavits, declarations, interrogatory responses, deposition and trial testimony, economic loss documentation, medical records, death certificate and certificate of official capacity, claims payment matrices, trust distribution procedures, or asbestos trust plans for reorganization. -822. -(a) (1) The plaintiff in an asbestos tort claim shall serve on all parties each of the following: -(A) A sworn statement, under penalty of perjury, identifying each asbestos trust claim that the plaintiff has filed or has basis to file against an asbestos trust and, for each such asbestos trust claim, whether there has been a request to defer, delay, suspend, or toll the claim. -(B) All asbestos trust claim documents that the plaintiff has submitted to an asbestos trust. -(C) All documents relating to communications between, or on behalf of, the plaintiff and an asbestos trust. -(2) The documents described in paragraph (1) shall be served not later than 90 days after the filing of the complaint in an asbestos tort action, except under the following circumstances in which case the documents shall be served in the lesser time: -(A) Within 30 days, in an asbestos tort action in which the plaintiff is awarded a preferential trial date pursuant to Section 36. -(B) On or before March 1, 2017, with respect to an asbestos tort action that is currently pending on or before January 1, 2017. -(b) The plaintiff shall supplement the information and materials served pursuant to subdivision (a) within 30 days of filing any additional asbestos trust claims, supplementing an existing asbestos trust claim, or receiving additional information or materials related to any asbestos trust claim and, to the extent not earlier supplemented, within seven days of trial. -(c) This section shall not prevent the court from requiring disclosures for an asbestos trust claim that are in addition to those required by this section. -823. -(a) A defendant in an asbestos tort action may seek discovery of relevant materials from an asbestos trust identified by the plaintiff pursuant to Section 822 that concern the plaintiff. The plaintiff may not claim privilege or confidentiality to bar discovery under this section and shall provide consent or other authorization as may be required by an asbestos trust to facilitate the release of relevant asbestos trust claim documents sought by the defendant. -(b) Asbestos trust claim documents shall be admissible as evidence in an asbestos tort action, including, without limitation, to prove alternative causation for a plaintiff’s injury or to prove that responsibility for a plaintiff’s injury should be apportioned. Claims of privilege do not apply to asbestos trust claim documents. -824. -If a defendant identifies an asbestos trust that plaintiff failed to disclose as required by Section 822 as to which the defendant believes a plaintiff has a viable claim, the defendant may file a motion for an order for any of the following: -(a) To require the plaintiff to file a claim against the improperly withheld asbestos trust. -(b) To stay the action or vacate the trial date until the plaintiff files a claim against the improperly withheld asbestos trust. -(c) Any other relief that the court deems appropriate in its discretion for good cause shown. -825. -The court may stay an asbestos tort action, decline to assign an initial trial date, deny a motion for preference under Section 36, vacate or continue the trial date in asbestos tort action, or impose any other remedies in its discretion in any of the following circumstances: -(a) Identification by a plaintiff of an asbestos trust pursuant to Section 822 for which the plaintiff has a basis to file but has not yet filed an asbestos trust claim. -(b) Failure of a plaintiff to serve the disclosures required pursuant to Section 822. -(c) Upon the granting of a defendant’s motion pursuant to Section 824. -826. -In an asbestos tort action in which damages are awarded, the claims against the other defendants shall be reduced, pursuant to Section 877, by the amount paid to a plaintiff by any other asbestos trust or, if not yet paid as of the date of entry of judgment, by the valuation amount of such asbestos trust claim as specified in the asbestos trust claim documents, whichever is greater. -827. -In an asbestos tort action, a court may retain jurisdiction over the action even after the action is resolved for purposes of hearing motions or enforcing appropriate remedies relating to any issues raised under this chapter, including, without limitation, willful concealment or intentional delay in the filing of an asbestos trust claim. -SEC. 3. -Section 877 of the Code of Civil Procedure is amended to read: -877. -Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co-obligors mutually subject to contribution rights, it shall have the following effect: -(a) -(1) -It shall not discharge any other such party from liability unless its terms so provide, but it shall reduce the claims against the others in the amount stipulated by the release, the -dismissal -dismissal, -or the covenant, or in the amount of the consideration paid for it, whichever is the greater. -(2) This subdivision shall also apply to moneys received by or on behalf of a claimant from an asbestos trust, as defined by Section 821, whether the moneys are received before or after a verdict or judgment. -(b) It shall discharge the party to whom it is given from all liability for any contribution to any other parties. -(c) This section shall not apply to co-obligors who have expressly agreed in writing to an apportionment of liability for losses or claims among themselves. -(d) This section shall not apply to a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment given to a co-obligor on an alleged contract debt -where -if -the contract was made -prior to -before -January 1, 1988. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides generally for procedures governing civil actions. Existing law imposes additional procedures that apply with respect to limited types of civil actions. -This bill would enact the Asbestos Tort Claim Trust Transparency Act, which would establish additional procedures with respect to civil actions pertaining to asbestos tort claims, as defined. The bill would, among other things, require, that a plaintiff disclose specified information with respect to any asbestos trusts, as defined, against which the plaintiff has or could pursue a claim, and would entitle a defendant to discover relevant information pertaining to the plaintiff held by other asbestos trusts and to pursue various motions. -This bill would require a plaintiff to serve certain statements made under penalty of perjury. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with Section 820) to Title 10 of Part 2 of, the Code of Civil Procedure, relating to civil claims." -1077,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17400 of the Education Code is amended to read: -17400. -(a) Any school district may enter into leases and agreements relating to real property and buildings to be used by the school district pursuant to this article. -(b) As used in this article, the following terms have the following meanings: -(1) “Best value” means a competitive procurement process whereby the selected proposer is selected on the basis of objective criteria for evaluating the qualifications of proposers with the resulting selection representing the best combination of price and qualifications. -(2) “Best value score” means the total score awarded to a proposer for all scored evaluation factors. -(3) “Building” includes each of the following: -(A) One or more buildings located or to be located on one or more sites. -(B) The remodeling of any building located on a site to be leased pursuant to this article. -(C) Onsite and offsite facilities, utilities, or improvements that the governing board of the school district determines are necessary for the proper operation or function of the school facilities to be leased. -(D) The permanent improvement of school grounds. -(4) “Preconstruction services” means advice during the design phase including, but not limited to, scheduling, pricing, and phasing to assist the school district to design a more constructible project. -(5) “Site” includes one or more sites, and also may include any building or buildings located or to be located on a site. -SEC. 2. -Section 17406 of the Education Code, as amended by Section 1 of Chapter 214 of the Statutes of 2015, is amended to read: -17406. -(a) (1) Notwithstanding Section 17417, the governing board of a school district may let, for a minimum rental of one dollar ($1) a year, to a person, firm, or corporation real property that belongs to the school district if the instrument by which this property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district. -(2) An instrument created pursuant to paragraph (1) shall be awarded based on a competitive solicitation process to the proposer providing the best value to the school district, taking into consideration the proposer’s demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. Before awarding an instrument pursuant to this section, the governing board of the school district shall adopt and publish required procedures and guidelines for evaluating the qualifications of proposers that ensure the best value selections by the school district are conducted in a fair and impartial manner. These procedures and guidelines shall be mandatory for the school district when awarding an instrument pursuant to this section. The required procedures shall include, at a minimum, the following: -(A) The school district shall prepare a request for sealed proposals from qualified proposers. The school district shall include in the request for sealed proposals an estimate of price of the project, a clear, precise description of any preconstruction services that may be required and the facilities to be constructed, the key elements of the instrument to be awarded, a description of the format that proposals shall follow and the elements they shall contain, the standards the school district will use in evaluating proposals, the date on which proposals are due, and the timetable the school district will follow in reviewing and evaluating proposals. -(B) The school district shall give notice of the request for sealed proposals in the manner of notice provided in Section 20112 of the Public Contract Code and in a trade paper of general circulation published in the county where the project is located, with the latest notice published at least 10 days before the date for receipt of the proposals. -(C) A proposer shall be prequalified in accordance with subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code in order to submit a proposal. If used, electrical, mechanical, and plumbing subcontractors shall be subject to the same prequalification requirements for prospective bidders described in subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code, including the requirement for the completion and submission of a standardized prequalification questionnaire and financial statement that is verified under oath and is not a public record. These prequalification requirements shall be included in an instrument created pursuant to paragraph (1). -(D) The request for sealed proposals shall identify all criteria that the school district will consider in evaluating the proposals and qualifications of the proposers, including relevant experience, safety record, price proposal, and other factors specified by the school district. The price proposal shall include, at the school district’s discretion, either a lump-sum price for the instrument to be awarded or the proposer’s proposed fee to perform the services requested, including the proposer’s proposed fee to perform preconstruction services or any other work related to the facilities to be constructed, as requested by the school district. The request for proposals shall specify whether each criterion will be evaluated pass-fail or will be scored as part of the best value score, and whether proposers must achieve any minimum qualification score for award of the instrument under this section. -(E) For each scored criterion, the school district shall identify the methodology and rating or weighting system that will be used by the school district in evaluating the criterion, including the weight assigned to the criterion and any minimum acceptable score. -(F) Proposals shall be evaluated and the instrument awarded under this section in the following manner: -(i) All proposals received shall be reviewed to determine those that meet the format requirements and the standards specified in the request for sealed proposals. -(ii) The school district shall evaluate the qualifications of the proposers based solely upon the criteria and evaluation methodology set forth in the request for sealed proposals, and shall assign a best value score to each proposal. Once the evaluation is complete, all responsive proposals shall be ranked from the highest best value to the lowest best value to the school district. -(iii) The award of the instrument shall be made by the governing board of the school district to the responsive proposer whose proposal is determined, in writing by the governing board of the school district, to be the best value to the school district. -(iv) If the selected proposer refuses or fails to execute the tendered instrument, the governing board of the school district may award the instrument to the proposer with the second highest best value score if the governing board of the school district deems it to be for the best interest of the school district. If the second selected proposer refuses or fails to execute the tendered instrument, the governing board of the school district may award the instrument to the proposer with the third highest best value score if the governing board of the school district deems it to be for the best interest of the school district. -(v) Notwithstanding any other law, upon issuance of a contract award, the school district shall publicly announce its award, identifying the entity to which the award is made, along with a statement regarding the basis of the award. The statement regarding the school district’s contract award and the contract file shall provide sufficient information to satisfy an external audit. -(G) The governing board of the school district, at its discretion, may reject all proposals and request new proposals. -(3) Following the award of an instrument created pursuant to paragraph (1), and if the price proposal is not a lump sum for the instrument awarded, the successful proposer shall provide the school district with objectively verifiable information of its costs to perform the services requested under the instrument and shall select subcontractors as set forth in paragraph (4). Once any preconstruction services are completed and subcontractors are selected, and upon approval of the plans and specifications for work on the site by the Department of General Services’ Division of the State Architect, if required, the successful proposer and the school district shall finalize the price for the services to be provided under the instrument. The successful proposer shall provide the school district with written rationale for the price, and the school district shall approve or reject the final price at a public meeting before the successful proposer may proceed with any further work under the instrument. The contract file shall include documentation sufficient to support the final price determination. -(4) (A) The school district, in the request for sealed proposals, may identify specific types of subcontractors that must be included in the proposal. All subcontractors that are identified in the proposal shall be afforded the protections of the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code). -(B) Following the award of an instrument created pursuant to paragraph (1) and for subcontractors not identified in the proposal, the successful proposer shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the price allocable to construction work: -(i) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the school district, including a fixed date and time on which qualifications statements, bids, or proposals will be due. -(ii) Establish reasonable qualification criteria and standards. -(iii) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The process shall not apply to subcontractors listed in the original proposal. Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code). -(5) Nothing in paragraph (2) shall preclude a school district from segregating the request for proposals into a request for qualifications, followed by a request for proposals with price information from the proposers deemed most qualified by the school district, provided that the procedures specified in paragraphs (2), (3), and (4) are otherwise followed. -(b) (1) Notwithstanding Sections 17297 and 17402, for purposes of utilizing preconstruction services, a school district may enter into an instrument created pursuant to paragraph (1) of subdivision (a) before written approval by the Department of General Services’ Division of the State Architect only if the instrument provides that no work for which a contractor is required to be licensed in accordance with Article 5 (commencing with Section 7065) of Chapter 9 of Division 3 of the Business and Professions Code and for which Division of the State Architect approval is required can be performed before receipt of the required Division of the State Architect approval. -(2) Nothing in this subdivision waives the requirements of Section 17072.30 or Section 17074.16, or any other applicable requirements of Chapter 12.5 (commencing with Section 17070.10) of Part 10. -(c) A rental of property that complies with subdivision (a) as it reads on the day that the lease is entered into shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution. -(d) (1) This subdivision shall apply to a project for the construction, alteration, repair, or improvement of any structure, building, or other improvement of any kind that was leased through an instrument pursuant to this section before July 1, 2015. If at any time the instrument is determined to be invalid by a court of competent jurisdiction because it fails to fall within the competitive bidding exception pursuant to paragraph (1) of subdivision (a), as it read on December 31, 2016, the contractor who entered into the instrument with the school district may be paid the reasonable cost, specifically excluding profit, of the labor, equipment, materials, and services furnished by the contractor before the date of the determination that the instrument is invalid if all of the following conditions, as determined by the court, are met: -(A) The contractor proceeded with construction, alteration, repair, or improvement based upon a good faith belief that the instrument was valid. -(B) The school district has reasonably determined that the work performed is satisfactory. -(C) Contractor fraud did not occur in the obtaining or performance of the instrument. -(D) The instrument does not otherwise violate state law related to the construction or leasing of public works of improvement. -(2) In no event shall payment to the contractor pursuant to this section exceed either of the following: -(A) The contractor’s costs as included in the instrument plus the cost of any approved change orders. -(B) The lease payments made, less profit, at the point in time the instrument is determined to be invalid by a court of competent jurisdiction. -(3) Notwithstanding paragraph (1), this subdivision shall not affect any protest and legal proceedings, whether contractual, administrative, or judicial, to challenge the award of the public works contract, nor affect any rights under Section 337.1 or 337.15 of the Code of Civil Procedure. -(e) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 3. -Section 17406 of the Education Code, as added by Section 2 of Chapter 408 of the Statutes of 2014, is amended to read: -17406. -(a) Notwithstanding Section 17417, the governing board of a school district may let, for a minimum rental of one dollar ($1) a year, to any person, firm, or corporation any real property that belongs to the school district if the instrument by which this property is let requires the lessee to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district. -(b) Any rental of property that complies with subdivision (a) shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution. -(c) This section shall become operative on July 1, 2022.","Existing law requires the governing board of a school district to adopt a resolution that, among other things: (1) declares its intention to enter into a lease or agreement relating to school property, (2) includes specified information about the property, and (3) fixes a time for a public meeting of the governing board of the school district at which sealed proposals to enter a lease or agreement with the school district will be received from any person, firm, or corporation, and considered by the governing board of the school district, as specified. -Existing law, notwithstanding the provision described above, also authorizes the governing board of a school district, without advertising for bids, to lease real property for a minimum rental of $1 per year if the instrument by which this property is leased requires the lessee to construct, or provide for the construction of, a building to be used by the school district and provides that the title to the building shall vest in the school district at the end of the lease. -This bill would delete the language that provides that the governing board of a school district is not required to advertise for bids pursuant to this provision. The bill would require an instrument created pursuant to these provisions to be awarded based on a competitive solicitation process to the proposer providing the best value, as defined, to the school district. The bill would require the governing board of the school district to adopt and publish required procedures and guidelines for evaluating the qualifications of proposers, as provided. The bill would authorize a school district, for purposes of utilizing preconstruction services, to enter into an instrument before written approval is obtained from the Department of General Services’ Division of the State Architect (DSA) only if the instrument provides that no work for which a contractor is required to be licensed and for which DSA approval is required can be performed before receipt of the required DSA approval. -The bill would provide, for certain projects leased through an instrument before July 1, 2015, if at any time the instrument is determined to be invalid by a court of competent jurisdiction because it fails to fall within the former competitive bidding exception, that the contractor who entered into the contract with the school district may be paid the reasonable cost, specifically excluding profit, of the labor, equipment, materials, and services furnished by the contractor before the date of the determination, if certain conditions, as determined by the court, are met. The bill would authorize a school district to identify specific types of subcontractors required to be included in a proposal, and would impose specified other procedural requirements on awarding construction subcontracts of a certain value. The bill would provide that the changes made by its provisions, except the deletion of the governing board of a school district’s authority to not advertise for bids, shall become inoperative on July 1, 2022.","An act to amend Sections 17400 and 17406 of the Education Code, relating to school facilities." -1078,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 54964.5 of the Government Code is amended to read: -54964.5. -(a) A nonprofit organization or an officer, employee, or agent of a nonprofit organization shall not use, or permit another to use, public resources received from any local agency to make a contribution or expenditure not authorized by law. -(b) As used in this section and Section 84222.5, the following terms have the following meanings: -(1) “Local agency” has the same meaning as that term is defined in paragraph (4) of subdivision (b) of Section 54964 and shall also include a public entity created pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1) by one or more entities described in Section 54964. -(2) “Nonprofit organization” means an entity incorporated under the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code) or a nonprofit organization that qualifies for tax-exempt status under Section 115 or 501(c) of the federal Internal Revenue Code. “Nonprofit organization” does not include a nonprofit organization that qualifies for tax-exempt status under Section 501(c)(3) of the federal Internal Revenue Code. -(3) “Public resources” means either of the following: -(A) Any property or asset owned by a local agency, including, but not limited to, cash, land, buildings, facilities, funds, equipment, supplies, telephones, computers, vehicles, travel, and local government compensated work time that is provided to a nonprofit organization, except funds received in exchange for consideration for goods or services. -(B) Funds received by a nonprofit organization that have been generated from any activities related to conduit bond financing by those entities subject to the conduit financing and transparency and accountability provisions of Chapter 10.7 (commencing with Section 5870) of Division 6 of Title 1, whether or not those funds are received by the nonprofit organization in exchange for consideration for goods or services. -(4) “Publicly funded nonprofit organization” means a nonprofit organization for which public resources from one or more local agencies account for more than 20 percent of the nonprofit organization’s annual gross revenue in the current fiscal year or either of the previous two fiscal years. -(5) “Use” means a use of public resources from one or more local agencies that is substantial enough to result in a gain or advantage to the user or a loss to a local agency for which a monetary value may be estimated. -(c) This section does not prohibit the use of public resources for expenditures authorized by law, including all of the following: -(1) The costs of adopting a position or resolution supporting or opposing a clearly identified ballot measure or candidate, including posting the position or resolution on the nonprofit organization’s Internet Web site, communicating the position or resolution to members of the nonprofit organization, or issuing a press statement. -(2) Incidental or minimal use of public resources. -(3) Incidental costs related to the establishment or administration of a sponsored committee, as defined in Section 82048.7. A reasonable accounting method may be used to determine the use of nonpublic resources to pay for that cost. For purposes of this paragraph, “establishment and administration” means the cost of office space, telephones, salaries, utilities, supplies, legal and accounting fees, and other expenses incurred in establishing and operating a sponsored committee. -(4) Providing information to the public about the possible effects of a ballot measure on the activities, operations, or policies of the state or a local agency if the informational activities meet both of the following conditions: -(A) The informational activities are not otherwise prohibited by the California Constitution or the laws of this state. -(B) The information provided constitutes an accurate, fair, and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the ballot measure. -(d) (1) Any person who intentionally or negligently violates this section is liable for a civil penalty not to exceed one thousand dollars ($1,000) for each day on which a violation occurs, plus three times the value of the unlawful use of public resources. The penalty shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney or any city attorney of a city having a population in excess of 750,000. If two or more persons are responsible for a violation, they shall be jointly and severally liable for the penalty. If the action is brought by the Attorney General, the moneys recovered shall be paid into the General Fund. If the action is brought by a district attorney, the moneys recovered shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney, the moneys recovered shall be paid to the treasury of that city. -(2) A civil action alleging a violation of this section shall not be commenced more than four years after the date of the alleged violation. -SEC. 2. -Section 54964.6 of the Government Code is repealed. -SEC. 3. -Section 84222.5 is added to the Government Code, to read: -84222.5. -(a) A publicly funded nonprofit organization that makes contributions or expenditures, either directly or through the control of another entity, shall establish and deposit into a separate bank account all funds that will be used to make contributions and expenditures, and those contributions and expenditures shall come from that separate bank account. -(b) In addition to subdivisions (b) and (c) of Section 84222, a publicly funded nonprofit organization is a recipient committee within the meaning of subdivision (a) of Section 82013 if any of the following occur: -(1) It makes contributions or expenditures totaling fifty thousand dollars ($50,000) or more related to statewide candidates or ballot measures or makes contributions or expenditures totaling two thousand five hundred dollars ($2,500) or more related to local candidates or ballot measures, either directly or through the control of another entity, during the prior quarter. -(2) By January 31 of each odd-numbered year, it makes contributions or expenditures totaling one hundred thousand dollars ($100,000) or more related to statewide candidates or ballot measures or makes contributions or expenditures totaling ten thousand dollars ($10,000) or more related to local candidates or ballot measures, either directly or through the control of another entity, during the previous two years. -(c) If a publicly funded nonprofit organization qualifies as a recipient committee pursuant to subdivision (b), it shall comply with the registration and reporting requirements of Section 84222. -(d) Each publicly funded nonprofit organization that makes contributions or expenditures, either directly or through the control of another entity, shall provide to the Commission, and display on the organization’s Internet Web site, the information it is required to disclose under this section. The information shall be clearly described and identified on a separate Internet Web page that is linked from the homepage of the organization’s Internet Web site. The link to this Internet Web page from the homepage shall be as visible as all similar links. -(e) The Commission may require an audit of a publicly funded nonprofit organization that is required to provide records to the Commission pursuant to this section. The Commission shall require an audit of any publicly funded nonprofit organization that makes contributions or expenditures in excess of five hundred thousand dollars ($500,000) in a calendar year. The publicly funded nonprofit organization shall provide records to the Commission to substantiate the information required to be disclosed by this section. -(f) If the Commission determines at the conclusion of an audit that a publicly funded nonprofit organization has violated this section, the Commission, the Attorney General, or the district attorney for the county in which the organization is domiciled may impose a civil fine upon the organization in an amount up to ten thousand dollars ($10,000) for each violation. -(g) The definitions in subdivision (b) of Section 54964.5 apply to this section. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SEC. 5. -The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.","(1) Existing law prohibits a nonprofit organization or an officer, employee, or agent of a nonprofit organization from using, or permitting another to use, public resources received from a local agency for any campaign activity not authorized by law. Existing law authorizes the Attorney General, any district attorney, or any city attorney of a city with a population over 750,000 to bring a civil action to recover a civil penalty against any person who intentionally or negligently violates that prohibition. -This bill would clarify that the prohibition applies to making contributions or expenditures not authorized by law, and would specify certain expenditures authorized by law that are not subject to the prohibition. -(2) Existing law requires a reporting nonprofit organization that engages in campaign activity to deposit into a separate bank account all specific sources of funds it receives and to pay for all campaign activity from that separate bank account. Existing law defines “reporting nonprofit organization” as a nonprofit organization for which public resources from one or more local agencies account for more than 20% of the nonprofit organization’s annual gross revenue, as specified. -Existing law requires a reporting nonprofit organization that engages in campaign activity of specified amounts or more to periodically disclose to the Franchise Tax Board, and post on its Internet Web site in a certain manner, the identity and amount of each specific source or sources of funds it receives for campaign activity, a description of the campaign activity, and the identity and amount of payments the organization makes from the required separate bank account. Existing law authorizes, and in some instances requires, the Franchise Tax Board to audit a reporting nonprofit organization, requires the board to issue a written audit report, and requires the board to transmit the audit report to the Attorney General and the district attorney for the county in which the reporting nonprofit organization is domiciled. Existing law authorizes the Attorney General or the district attorney for the county in which the reporting nonprofit organization is domiciled to impose a monetary civil penalty of up to $10,000 against a reporting nonprofit organization for misusing public resources received from a local agency, as described in (1), for failing to maintain the separate bank account, or for not complying with the disclosure requirements described above. -This bill would recast and relocate those provisions within the Political Reform Act of 1974, thereby making the Fair Political Practices Commission responsible for their administration and enforcement, except as specified. The bill would change the term “reporting nonprofit organization” to “publicly funded nonprofit organization,” defined as a nonprofit organization for which public resources from one or more local agencies account for more than 20% of the nonprofit organization’s annual gross revenue, as specified. The bill would require certain publicly funded nonprofit organizations to register as recipient committees and file the campaign statements that those committees are required to file under the act. This bill would shift the Franchise Tax Board’s authority and duties under these provisions to the Commission and would authorize the Commission, in addition to the Attorney General or the district attorney, to impose the monetary civil penalty of up to $10,000 against a publicly funded nonprofit organization. -The Political Reform Act of 1974 makes a willful violation of its provisions a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a -2/3 -vote of each house and compliance with specified procedural requirements. -This bill would declare that it furthers the purposes of the act.","An act to amend Section 54964.5 of, to add Section 84222.5 to, and to repeal Section 54964.6 of, the Government Code, relating to nonprofit organizations." -1079,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6292 of the Revenue and Taxation Code is amended to read: -6292. -(a) Except when the sale is by lease, when a mobilehome or commercial coach required to be registered annually under the Health and Safety Code or a vehicle required to be registered under the Vehicle Code is sold at retail by other than a person licensed or certificated pursuant to the Health and Safety Code or the Vehicle Code as a manufacturer, remanufacturer, dealer, dismantler, or lessor-retailer, subject to Section 11615.5 of the Vehicle Code, the retailer is not required or authorized to collect the use tax from the purchaser, but the purchaser of the vehicle shall pay the use tax to the Department of Housing and Community Development acting for and on behalf of the board pursuant to Section 18123 of the Health and Safety Code or to the Department of Motor Vehicles acting for and on behalf of the board pursuant to Section 4750.5 of the Vehicle Code. -(b) If the purchaser makes an application to either department that is not timely, and is subject to penalty because of delinquency in effecting registration or transfer of registration of the vehicle, he or she then becomes liable also for penalty as specified in Section 6591, but no interest shall accrue. -(c) Application to the appropriate department by the purchaser relieves the purchaser of the obligation to file a return with the board under Section 6452. -(d) If the purchaser does not make application to either department, or does not pay the amount of use tax due, or files a return with the board under Section 6455 that is not timely, interest and penalties shall apply with respect to the unpaid amount as provided in Chapter 5 (commencing with Section 6451). -(e) Use taxes collected by the Department of Motor Vehicles and transmitted to the board pursuant to Section 4750.5 of the Vehicle Code shall be allocated to the jurisdiction where the purchaser registers the purchased vehicle, by the -specific address -tax area code -data provided to the board by the Department of Motor Vehicles. The board shall reimburse the Department of Motor Vehicles as prescribed in subdivision (d) of Section 4750.5 of the Vehicle Code. -SEC. 2. -Section 6293 of the Revenue and Taxation Code is amended to read: -6293. -(a) Except when the sale is by lease, when a vehicle subject to identification under Division 16.5 (commencing with Section 38000) of the Vehicle Code or a vehicle that qualifies under the permanent trailer identification plate program pursuant to subdivision (a) of Section 5014.1 of the Vehicle Code, is sold at retail by other than a person licensed or certificated pursuant to the Vehicle Code as a manufacturer, remanufacturer, dealer, dismantler, or lessor-retailer, subject to Section 11615.5 of the Vehicle Code, or a person required to hold a seller’s permit pursuant to Article 2 (commencing with Section 6066) of Chapter 2 by reason of the number, scope, and character of his or her sales of those vehicles, the retailer is not required or authorized to collect the use tax from the purchaser, but the purchaser of the vehicle shall pay the use tax to the Department of Motor Vehicles acting for and on behalf of the board pursuant to Section 38211 of the Vehicle Code. -(b) If the purchaser makes an application to -that -the -department -which -that -is not timely, and is subject to penalty because of delinquency in effecting identification or transfer of ownership of the vehicle, he or she then becomes liable also for penalty as specified in Section 6591 of this code, but no interest shall accrue. -(c) Application to -that -the -department by the purchaser relieves the purchaser of the obligation to file a return with the board under Section 6452. -(d) If the purchaser does not make application to -that -the -department, or does not pay the amount of use tax due, or files a return with the board under Section 6455 -which -that -is not timely, interest and penalties shall apply with respect to the unpaid amount as provided in Chapter 5 (commencing with Section 6451). -(e) Use taxes collected by the Department of Motor Vehicles and transmitted to the board pursuant to Section 38211 of the Vehicle Code shall be allocated to the jurisdiction where the purchaser registers the purchased vehicle, by the tax area code data provided to the board by the Department of Motor Vehicles. The board shall reimburse the Department of Motor Vehicles as prescribed in subdivision (d) of Section 38211 of the Vehicle Code. -SEC. 3. -Section 6294 of the Revenue and Taxation Code is amended to read: -6294. -(a) When an undocumented vessel required to be registered under the Vehicle Code is sold at retail by other than a person holding a seller’s permit and regularly engaged in the business of selling vessels, the retailer is not required or authorized to collect the use tax from the purchaser, but the purchaser of the vessel must pay the use tax to the Department of Motor Vehicles acting for, and on behalf of, the board pursuant to Section 9928 of the Vehicle Code. -(b) If the purchaser makes an application to the department that is not timely, and is subject to penalty because of delinquency in effecting registration or transfer of registration of the undocumented vessel, he or she then becomes liable also for penalty as specified in Section 6591, but no interest shall accrue. -(c) Application to the department by the purchaser shall relieve the purchaser of the obligation to file a return with the board under Section 6452. -(d) If the purchaser does not make application to either department, or does not pay the amount of use tax due, or files a return with the board under Section 6455 that is not timely, interest and penalties shall apply with respect to the unpaid amount as provided in Chapter 5 (commencing with Section 6451). -(e) Use taxes collected by the Department of Motor Vehicles and transmitted to the board pursuant to Section 9928 of the Vehicle Code shall be allocated to the jurisdiction where the purchaser registers the purchased vessel, by the -specific address -tax area code -data provided to the board by the Department of Motor Vehicles. The board shall reimburse the Department of Motor Vehicles as prescribed in subdivision (d) of Section 9928 of the Vehicle Code. -SEC. 4. -Section 4750.5 of the Vehicle Code is amended to read: -4750.5. -(a) The department shall withhold the registration or the transfer of registration of a vehicle sold at retail to an applicant by a person other than a vehicle manufacturer or dealer holding a license and certificate issued pursuant to Chapter 4 (commencing with Section 11700) of Division 5, or an automobile dismantler holding a license and certificate issued pursuant to Chapter 3 (commencing with Section 11500) of Division 5, or a lessor-retailer holding a license issued pursuant to Chapter 3.5 (commencing with Section 11600) of Division 5, and subject to the provisions of Section 11615.5, until the applicant pays to the department the use tax measured by the sales price of the vehicle as required by the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), together with penalty, if any, unless the State Board of Equalization finds that no use tax is due. If the applicant so desires, he or she may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his or her application for registration or transfer of registration, and thereafter he or she may apply through the Department of Motor Vehicles to the State Board of Equalization under the Sales and Use Tax Law for a refund of the amount paid. -(b) (1) If applicable, the department shall determine all local use taxes that the applicant is responsible to pay by specific address data provided by the applicant and to which the vehicle shall be registered. -The department shall utilize all available tools, including those available through the State Board of Equalization, to determine the correct use tax rates to apply to the applicant. -(2) Using the specific address data provided by the applicant and to which the vehicle shall be registered, the department shall identify the correct tax area code for the applicable local jurisdiction to which the vehicle shall be registered and to which the local use tax shall be allocated. The State Board of Equalization shall provide a list of state tax area codes applicable to each jurisdiction for purposes of allocating the local use taxes directly, pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code). -(c) The department shall transmit all collections of use tax and penalty made under this section to the State Board of Equalization. The department also shall -collect and transmit to the board specific address data provided by applicants upon application and to which a purchased vehicle will be registered, for proper allocation of use tax collections. The transmitted data shall be subject to the requirements of Section 7056 of the Revenue and Taxation Code. -transmit the tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board for the proper direct allocation of local use tax collections. -This transmittal shall be made at least monthly, accompanied by a schedule in the form that the department and board may prescribe. -(d) The State Board of Equalization shall reimburse the department for its costs incurred in carrying out the provisions of this section. The reimbursement shall be effected under agreement between the agencies, approved by the Department of Finance. -(e) In computing any use tax or penalty under this section, dollar fractions shall be disregarded in the manner specified in Section 9559. Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law and local transaction and use tax law insofar as they are applicable to the use of vehicles to which this section relates. -(f) It is the intent of the Legislature that the department and the State Board of Equalization administer this part in a manner that ensures that applicable Bradley-Burns uniform local -sales -use -taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vehicle is registered. -SEC. 5. -Section 9928 of the Vehicle Code is amended to read: -9928. -(a) The department shall withhold the certificate of number or the transfer of registration of a vessel sold at retail to an applicant by a person other than a person holding a seller’s permit pursuant to Section 6066 of the Revenue and Taxation Code, and regularly engaged in the business of selling vessels, until the applicant pays to the department the use tax measured by the sales price of the vessel as required by the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), together with penalty, if any, unless the State Board of Equalization finds that no use tax is due. If the applicant so desires, he or she may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his or her application for registration or transfer of registration and thereafter he or she may apply through the Department of Motor Vehicles to the State Board of Equalization under the Sales and Use Tax Law for a refund of the amount paid. -(b) (1) If applicable, the department shall determine all local use taxes that the applicant is responsible to pay by specific address data provided by the applicant and to which the vessel shall be registered. -The department shall utilize all available tools, including those available through the State Board of Equalization, to determine the correct use tax rates to apply to the applicant. -(2) Using the specific address data provided by the applicant and to which the vehicle shall be registered, the department shall identify the correct tax area code for the applicable local jurisdiction to which the vessel shall be registered and to which the local use tax shall be allocated. The State Board of Equalization shall provide a list of state tax area codes applicable to each jurisdiction for purposes of allocating the local use taxes directly, pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code). -(c) The department shall transmit all collections of the use tax and penalty made under this section to the State Board of Equalization. The department also shall -collect and transmit to the board specific address data provided by applicants upon application and to which a purchased vessel will be registered, for proper allocation of use tax collections. The transmitted data shall be subject to the requirements of Section 7056 of the Revenue and Taxation Code. -transmit the tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board for the proper direct allocation of local use tax collections. -This transmittal shall be made at least monthly, accompanied by a schedule in the form that the department and board may prescribe. -(d) The State Board of Equalization shall reimburse the department for its costs incurred in carrying out the provisions of this section. -(e) In computing any use tax or penalty under this section, dollar fractions shall be disregarded in the manner specified in Section 9559. Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law and local transaction and use tax law insofar as they are applicable to the use of vessels to which this section relates. -(f) The department and the State Board of Equalization shall enter into an agreement for the collection of the use tax pursuant to this section and Section 6294 of the Revenue and Taxation Code. The agreement shall specify the procedures agreed upon by the department and the board for collection of the tax and the reimbursement provided for in subdivision (d). The agreement shall be approved by the Department of Finance. -(g) It is the intent of the Legislature that the department and the State Board of Equalization administer this part in a manner that ensures that applicable Bradley-Burns uniform local -sales -use -taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vessel is registered. -SEC. 6. -Section 38211 of the Vehicle Code is amended to read: -38211. -(a) The department shall withhold identification of or the transfer of ownership of a vehicle subject to identification under this division until the applicant pays to the department the use tax measured by the sales price of the vehicle as required by the Sales and Use Tax Law, together with penalty, if any, unless the purchaser presents evidence on a form prescribed by the State Board of Equalization that sales tax will be paid by the seller or that use tax has been collected by the seller or that the State Board of Equalization finds that no use tax is due. If the applicant so desires, he or she may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his or her application for identification or transfer of ownership, and thereafter he or she may apply through the Department of Motor Vehicles to the State Board of Equalization under the Sales and Use Tax Law for a refund of the amount paid. -(b) (1) If applicable, the department shall determine all local use taxes that the applicant is responsible to pay by specific address data provided by the applicant and to which the vehicle shall be registered. -The department shall utilize all available tools, including those available through the State Board of Equalization, to determine the correct use tax rates to apply to the applicant. -(2) Using the specific address data provided by the applicant and to which the vehicle shall be registered, the department shall identify the correct tax area code for the applicable local jurisdiction to which the vehicle shall be registered and to which the local use tax shall be allocated. The State Board of Equalization shall provide a list of state tax area codes applicable to each jurisdiction for purposes of allocating the local use taxes directly, pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code). -(c) The department shall transmit all collections of use tax and penalty made under this section to the State Board of Equalization. The department also shall -collect and transmit to the board specific address data provided by applicants upon application and to which a purchased vehicle will be registered, for proper allocation of use tax collections. The transmitted data shall be subject to the requirements of Section 7056 of the Revenue and Taxation Code. -transmit the tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board for the proper direct allocation of local use tax collections. -This transmittal shall be made at least monthly, accompanied by a schedule in the form that the department and board may prescribe. -(d) The State Board of Equalization shall reimburse the department for its costs incurred in carrying out the provisions of this section. The reimbursement shall be effected under agreement between the agencies, approved by the Department of Finance. -(e) In computing any use tax or penalty under this section, dollar fractions shall be disregarded in the manner specified in Section 9559. Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law and local transaction and use tax law insofar as they are applicable to the use of vehicles to which this section relates. -(f) It is the intent of the Legislature that the department and the State Board of Equalization administer this part in a manner that ensures that applicable Bradley-Burns uniform local -sales -use -taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vehicle is registered.","Existing law requires the Department of Motor Vehicles to withhold the registration or the transfer of registration of any vehicle or vessel, and to withhold identification or transfer of ownership of any off-highway vehicle subject to identification, until the applicant for registration or identification pays to the department the use tax measured by the sales price of the vehicle or vessel as required by the Sales and Use Tax Law, together with penalty, except as specified. Existing law requires the department to transmit all collections of use tax and penalty to the State Board of Equalization. -This bill would require, in addition, that the department determine all local use taxes the applicant is responsible to pay by specific address data provided by the applicant, and where the vehicle or vessel is to be registered. The bill would require the department to transmit the -address data to the board, and would make the data subject to specified information sharing provisions. -tax area codes and the amount of local use tax and penalty collections attributable to those tax area codes to the board. -This bill would require the board to allocate the use taxes transmitted by the department to the jurisdiction where the purchaser registers the purchased vehicle or vessel by the -specific address -tax area code -data provided to the board by the department. -This bill would declare the intent of the Legislature that the department and the board administer the provisions relating to registration of vehicles and vessels and identification of off-highway vehicles for these purposes in a manner that ensures that applicable local sales taxes and local transaction and use taxes are collected and then remitted to the specific jurisdiction where the vehicle or vessel is registered.","An act to amend Sections 6292, 6293, and 6294 of the Revenue and Taxation Code, and to amend Sections 4750.5, 9928, and 38211 of the Vehicle Code, relating to vehicles." -1080,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 103885 of the Health and Safety Code is amended to read: -103885. -(a) The director shall establish a statewide system for the collection of information determining the incidence of cancer, using population-based cancer registries modeled after the Cancer Surveillance Program of Orange County. As of the effective date of this section, the director shall begin phasing in the statewide cancer reporting system. By July 1, 1988, all county or regional registries shall be implemented or initiated. By July 1, 1990, the statewide cancer reporting system shall be fully operational. Within 60 days of the effective date of this section, the director shall submit an implementation and funding schedule to the Legislature. -(b) The department may designate any demographic parts of the state as regional cancer incidence reporting areas and may establish regional cancer registries, with the responsibility and authority to carry out the intent of this section in designated areas. Designated regional registries shall provide, on a timely basis, cancer incidence data as designated by the state department to the department. The department may establish a competitive process to receive applications for, and issue, the award of a contract, grant, or allocation of funds, including, but not limited to, a cooperative agreement, subvention agreement, or any other agreement allowed by law, to an agency, including, but not limited to, a health systems agency, single county health department, multicounty health department grouping, or nonprofit professional association to operate the statewide cancer reporting system and to enter into contracts, or issue grants or funding allocations to other agencies representing a designated cancer reporting region for the purposes of collecting and collating cancer incidence data. The award of these contracts, grants, or funding allocations shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. The department shall include appropriate terms and conditions in a contract, grant, or funding allocation to ensure the proper use of state funds, including provision for reimbursement of allowable costs, financial reporting, program performance reporting, monitoring of subgrants, subcontracts, or suballocations to an agency representing a designated cancer reporting region, retention and access requirements for records, data use and management, independent auditing, termination, and disposition of assets acquired under the contract, grant, or funding allocation. -(c) The director shall designate cancer as a disease required to be reported in the state or any demographic parts of the state in which cancer information is collected under this section. All cancers diagnosed or treated in the reporting area shall thereafter be reported to the representative of the department authorized to compile the cancer data, or any individual, agency, or organization designated to cooperate with that representative. -(d) (1) Any hospital or other facility providing therapy to cancer patients within an area designated as a cancer reporting area shall report each case of cancer to the department or the authorized representative of the department in a format prescribed by the department. If the hospital or other facility fails to report in a format prescribed by the department, the department’s authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other health facility shall reimburse the state department or the authorized representative for its cost to access and report the information. -(2) Any physician and surgeon, dentist, podiatrist, or other health care practitioner diagnosing or providing treatment for cancer patients shall report each cancer case to the department or the authorized representative of the department, except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnoses or treatment of that instance of cancer. -(3) (A) On or after January 1, 2019, a pathologist diagnosing cancer shall report cancer diagnoses to the department utilizing the College of American Pathologists cancer protocols or any other standardized format approved by the department. -(B) Reporting shall be by electronic means, including, but not limited to, either directly from an electronic medical record or using a designated Internet Web portal that the department shall provide for pathologists’ use. If a pathologist fails to report electronically and with an approved format, the department’s authorized representative may access the information from the pathologist in an appropriate alternative format. In these cases, the pathologist shall reimburse the department or the authorized representative for its cost to access and report the information. -(C) A pathologist shall not be responsible for acquiring missing or inaccessible patient demographic information not provided to him or her beyond the content of the required cancer-specific data elements. -(D) For purposes of reports submitted pursuant to this paragraph, the department shall prescribe the data required to be included in the report, work collaboratively with stakeholders to designate a standardized electronic format for submission, and designate an Internet Web portal for electronic submission. -(E) This paragraph shall not be interpreted to require a pathologist to submit the same pathology report to the department, regardless of format, more than once. If a pathology report is submitted by a pathologist electronically, pursuant to this paragraph, the same pathology report is not required to be submitted to the department by any other means. -(e) Any hospital or other facility that is required to reimburse the department or its authorized representative for the cost to access and report the information pursuant to subdivision (d) shall provide payment to the department or its authorized representative within 60 days of the date this payment is demanded. In the event any hospital or other facility fails to make the payment to the department or its authorized representative within 60 days of the date the payment is demanded, the department or its authorized representative may, at its discretion, assess a late fee not to exceed 1 -1/2 -percent per month of the outstanding balance. Further, in the event that the department or its authorized representative takes a legal action to recover its costs and any associated fees, and the department or its authorized representative receives a judgment in its favor, the hospital or other facility shall also reimburse the department or its authorized representative for any additional costs it incurred to pursue the legal action. Late fees and payments made to the department by hospitals or other facilities pursuant to this subdivision shall be considered as reimbursements of the additional costs incurred by the department. -(f) All physicians and surgeons, hospitals, outpatient clinics, nursing homes and all other facilities, individuals, or agencies providing diagnostic or treatment services to patients with cancer shall grant to the department or the authorized representative access to all records that would identify cases of cancer or would establish characteristics of the cancer, treatment of the cancer, or medical status of any identified cancer patient. Willful failure to grant access to those records shall be punishable by a fine of up to five hundred dollars ($500) each day access is refused. Any fines collected pursuant to this subdivision shall be deposited in the General Fund. -(g) (1) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential. For purposes of this section, this information shall be referred to as “confidential information.” -(2) The department and any regional cancer registry designated by the department shall use the information to determine the sources of malignant neoplasms and evaluate measures designed to eliminate, alleviate, or ameliorate their effect. -(3) Persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health who meet qualifications as determined by the department, and who agree, in writing, to maintain confidentiality, may be authorized access to confidential information. -(4) The department and any regional cancer registry designated by the department may enter into agreements to furnish confidential information to other states’ cancer registries, federal cancer control agencies, local health officers, or health researchers for the purposes of determining the sources of cancer and evaluating measures designed to eliminate, alleviate, or ameliorate their effect. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers, shall also do both of the following: -(A) Obtain approval of their committee for the protection of human subjects established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations. -(B) Provide documentation to the department that demonstrates to the department’s satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information. -(5) Notwithstanding any other law, any disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed. -(6) The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship. -(7) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include: the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the department. -(8) Notwithstanding any other law, no part of the confidential information shall be available for subpoena, nor shall it be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor shall this information be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason. -(9) Nothing in this subdivision shall prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information. -(10) Notwithstanding the restrictions in this subdivision, the individual to whom the information pertains shall have access to his or her own information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code. -(h) For the purpose of this section, “cancer” means either of the following: -(1) All malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma, Hodgkins disease, and leukemia, but excluding basal cell and squamous cell carcinoma of the skin. -(2) All primary intracranial and central nervous system (CNS) tumors occurring in the following sites, irrespective of histologic type: brain, meninges, spinal cord, caudae equina, cranial nerves and other parts of the CNS, pituitary gland, pineal gland, and craniopharyngeal duct. -(i) Nothing in this section shall preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with cancer to maintain their own facility-based cancer registries. -(j) It is the intent of the Legislature that the department, in establishing a system pursuant to this section, maximize the use of available federal funds.","Existing law requires the State Department of Public Health to establish a statewide system for the collection of information determining the incidence of cancer, known as the Ken Maddy California Cancer Registry. Existing law authorizes the department to designate any demographic parts of the state as regional cancer incidence reporting areas and establish regional cancer registries to provide cancer incidence data. Existing law requires any hospital or other facility providing therapy to cancer patients within a cancer reporting area to report each case of cancer to the department or the authorized representative of the department in a format prescribed by the department. Existing law provides that if the hospital or other facility fails to report in a format prescribed by the department, the department’s authorized representative is authorized to access the information from the hospital or the facility and report it in the appropriate format. In these cases, existing law requires the hospital or other health facility to reimburse the department or the authorized representative for its cost to access and report the information. Existing law also requires any physician, dentist, podiatrist, or other health care practitioner diagnosing or providing treatment for cancer patients to report each cancer case to the department or the authorized representative of the department, except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnosis or treatment of that instance of cancer. -This bill, on or after January 1, 2019, would, among other things, require a pathologist diagnosing cancer to report cancer diagnoses to the department by electronic means, including, but not limited to, either directly from an electronic medical record or using a designated Internet Web portal provided by the department. If a pathologist fails to report electronically and with an approved format, the bill would authorize the department’s authorized representative to access the information from the pathologist in an appropriate alternative format. In these cases, the bill would require the pathologist to reimburse the department or the authorized representative for its cost to access and report the information. The bill would require the department to prescribe the data required to be included in the reports and to work collaboratively with stakeholders to designate a standardized electronic format for submission of the reports.","An act to amend Section 103885 of the Health and Safety Code, relating to cancer." -1081,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) Computer science education is not only about access to computers. It is about innovation and development of technology. Computer science education builds pupils’ computational and critical thinking skills, which enables them to create, and not simply use, the next generation of technological tools. This fundamental knowledge is needed to prepare pupils for the 21st century regardless of their ultimate field of study or occupation. -(2) Computer science drives job creation and innovation throughout our state’s economy. Providing access to computer science education is a critical step for ensuring that California remains competitive in the global economy and strengthens its cybersecurity. Last year, there were over 600,000 technology jobs open across the United States, and, by 2018, 51 percent of all science, technology, engineering, and mathematics (STEM) jobs are projected to be in computer science-related fields. In California, there are currently 86,436 open computing jobs, which is four times the average demand rate in California. -(3) Computing occupations make up two-thirds of all projected new jobs in STEM fields, making computer science one of the most in-demand college degrees. However, California only had 3,525 computer science graduates in 2014 with only 15 percent female graduates. -(4) There are fewer advanced placement (AP) examinations taken in computer science than in any other STEM subject area. Of the high school pupils in California who took the AP computer science examination in 2015, only 26 percent were female, only 973 were Latino, and only 148 were African American. Only 242 schools in California, or 16 percent of California schools with AP programs, offered the AP computer science course in the 2013–14 school year. -(5) President Obama’s Computer Science for All initiative builds on the momentum at the state and local level. The President’s upcoming budget proposes funding for the United States Department of Education, available over three years, for states to increase access to computer science education in elementary and secondary education classrooms. Under the program, states would submit comprehensive five-year “Computer Science for All” plans in order to be eligible for federal funding, and every state with a well-designed strategy would receive funds. In addition to state-level grants, the budget will also dedicate funds for competitive grants specifically for leading districts to execute ambitious computer science education expansion efforts for all pupils, including traditionally underrepresented pupils, with those efforts to serve as models for national replication. -(6) However, access to computer science education for all pupils is still a challenge, especially for underrepresented communities. Only one out of four K–12 schools teaches any computer science, leaving 75 percent of pupils today without the opportunity to develop skills that could help them thrive in the future. -(7) Exposure to computer science at a young age has the potential to address the diversity gap in computer science fields. Girls who take AP computer science in high school are 10 times more likely to major in computer science in college. African American and Latino pupils who take this course in high school are over seven times more likely to major in this field. -(8) A Google-Gallup survey found that nine out of 10 parents say they want computer science taught in their schools, and the majority of parents and teachers believe it should be required learning for 21st century pupils. -(9) Computer science has often been confused with broader technology education in schools. California should adopt distinct standards for computer science focused on both the creation and use of software and computing technologies at all levels of K–12 education. -(b) It is the intent of the Legislature that all pupils in kindergarten and grades 1 to 12, inclusive, have access to computer science education, with a strong focus on pupils underrepresented in computer science, including girls, low-income and underserved school districts, and rural and urban school districts. -(c) It is the intent of the Legislature that the only predetermined outcome be to increase access to computer science in California schools and to account for disparate views as recommendations are provided. -SEC. 2. -Chapter 19 (commencing with Section 53310) is added to Part 28 of Division 4 of Title 2 of the Education Code, to read: -CHAPTER 19. Computer Science Strategic Implementation Plan -53310. -(a) On or before September 1, 2017, the Superintendent shall convene a computer science strategic implementation advisory panel to develop recommendations for a computer science strategic implementation plan. The advisory panel shall hold public meetings, post the location and time of the meetings, and post agendas online. Members of the advisory panel shall possess expertise in computer science. -(b) The advisory panel shall consist of, but not necessarily be limited to, the following members: -(1) The Superintendent or his or her designee, who shall serve as cochair of the advisory panel. -(2) A representative of the Governor, who shall serve as cochair of the advisory panel. -(3) A representative designated by the Senate Committee on Rules. -(4) A representative designated by the Speaker of the Assembly. -(5) (A) Six K–12 teacher representatives, designated by the Superintendent. -(B) It is the intent of the Legislature that these representatives include two elementary school teachers, two middle school teachers, and two high school teachers who are all currently teaching. -(C) It is further the intent of the Legislature that these representatives include one teacher from a large urban school district and one from a rural school district. -(6) A representative representing the Commission on Teacher Credentialing. -(7) A credentialed teacher representing the Computer Science Teachers Association. -(8) A representative of the private sector technology industry, designated by the Superintendent. -(9) A faculty member from the University of California. -(10) A faculty member from the California State University. -(11) A faculty member from the California Community Colleges. -(12) A faculty member from a private postsecondary educational institution, designated by the Superintendent. -(13) A credentialed teacher from the Instructional Quality Commission. -(14) A representative from an equity-focused organization knowledgeable of computer science/STEM education programs, designated by the Superintendent. -(15) A representative from a parent organization, designated by the Superintendent. -(16) A representative representing school administrators and superintendents, designated by the Superintendent. -(17) A pupil enrolled in a public school, designated by the Superintendent. -(18) A representative from a county office of education, designated by the Superintendent. -(c) Administrators from the University of California, the California State University, and the California Community Colleges may serve as advisers to the advisory panel to provide input on the computer science strategic implementation plan. -53311. -(a) On or before July 1, 2018, the computer science strategic implementation advisory panel shall submit recommendations for a computer science strategic implementation plan to the department, the state board, and the Legislature that includes, at a minimum, recommendations on all of the following: -(1) Broadening the pool of teachers to teach computer science. These recommendations may provide, among other things, for the following: -(A) Providing training and professional development for education in computer science pursuant to Section 60605.4. -(B) Creating a teacher certification pathway in computer science. -(C) Expanding scholarship eligibility and loan forgiveness programs for computer science teachers in low-income and underserved school districts and rural and urban school districts. -(2) Defining computer science education principles that meet the needs of pupils in kindergarten and grades 1 to 12, inclusive. -(3) Ensuring that all pupils have access to quality computer science courses. These recommendations may provide, among other things, for the following: -(A) Scaling up computer science education coursework so that all high schools teach at least one computer science course. -(B) Providing access to computer science in both college and career pathways. -(C) Ensuring school districts have adequate broadband connectivity and infrastructure and access to hardware and software. This may include, but is not limited to, the development of grant programs that prioritize high-need school districts. -(D) Removing local policy and regulatory barriers that local educational agencies face when implementing computer science education. -(E) Increasing the participation of pupils traditionally underrepresented in computer science education. -(b) The recommendations shall be submitted to the Legislature in conformance with Section 9795 of the Government Code. -(c) Upon completion of the recommendations for a computer science strategic implementation plan, the computer science strategic implementation advisory panel established pursuant to Section 53310 shall cease to exist. -53312. -(a) The Superintendent shall appoint a statewide computer science liaison within the department to serve the computer science strategic implementation advisory panel, including, but not limited to, in the following actions: -(1) Coordinating the efforts of the advisory panel by writing up the recommendations of the advisory panel members and disseminating them to all stakeholders. -(2) Soliciting input and public comments. -(3) Preparing the necessary legislative reports to share the advisory panel’s recommendations. -(4) Ensuring that the advisory panel’s recommendations adopted by the state board are implemented. -(b) The duration of the liaison’s role shall only be for a limited period of time subsequent to the adoption by the state board of academic content standards in computer science and the curriculum framework for computer science in order to provide technical assistance and support to local educational agencies in commencing implementation of the computer science academic content standards and curriculum framework. -53313. -The department and state board shall consider the recommendations submitted by the computer science strategic implementation advisory panel pursuant to Section 53311. The department shall develop, and the state board shall adopt, a computer science strategic implementation plan on or before January 1, 2019. The department shall submit the plan adopted by the state board to the Legislature in conformance with Section 9795 of the Government Code on or before January 1, 2019. -53314. -If state or federal funds are not available or sufficient for purposes of this chapter, the computer science strategic implementation advisory panel may evaluate the process and ability to accept grants and receive donations and other financial support from public or private sources for purposes of convening the advisory panel, preparing the computer science strategic implementation plan, and ensuring that the computer science strategic implementation plan adopted by the state board is implemented. -53315. -This chapter shall become inoperative on July 31, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed.","Existing law requires the Instructional Quality Commission, on or before July 31, 2019, to consider developing and recommending to the State Board of Education computer science content standards for kindergarten and grades 1 to 12, inclusive, pursuant to recommendations developed by a group of computer science experts convened by the Superintendent of Public Instruction in consultation with the state board. -This bill would require the Superintendent to convene, on or before September 1, 2017, a computer science strategic implementation advisory panel composed of 23 members, as specified, to develop and submit recommendations for a computer science strategic implementation plan to the State Department of Education, the state board, and the Legislature on or before July 1, 2018. The bill would require the department and the state board to consider the advisory panel’s recommendations; the department to develop, and the state board to adopt, a computer science strategic implementation plan on or before January 1, 2019; and the department to submit the plan adopted by the state board to the Legislature on or before January 1, 2019. The bill would require the Superintendent to appoint a statewide computer science liaison to serve the advisory panel, as provided. The bill would authorize the advisory panel, if state or federal funds are not available or sufficient for purposes of these provisions, to evaluate the process and ability to accept grants and receive donations and other financial support from public or private sources for purposes of convening the advisory panel, preparing the computer science strategic implementation plan, and ensuring that the computer science strategic implementation plan adopted by the state board is implemented. The bill’s provisions would be repealed on January 1, 2021.","An act to add and repeal Chapter 19 (commencing with Section 53310) of Part 28 of Division 4 of Title 2 of the Education Code, relating to school curriculum." -1082,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10083.2 of the Business and Professions Code is amended to read: -10083.2. -(a) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department. The information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet. -(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538. -(c) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. -SEC. 1.5. -Section 10083.2 of the Business and Professions Code is amended to read: -10083.2. -(a) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department. The information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet. -(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538. -(c) Upon petition by a licensee accompanied by a fee sufficient to defray costs associated with consideration of a petition, the commissioner may remove from the posting of discipline described in subdivision (a) an item that has been posted on the bureau’s Internet Web site for no less than 10 years and for which the licensee provides evidence of rehabilitation indicating that the notice is no longer required in order to prevent a credible risk to members of the public utilizing licensed activity of the licensee. In evaluating a petition, the Commissioner shall take into consideration other violations that present a credible risk to the members of the public since the posting of discipline requested for removal. -(d) The bureau may develop, through regulations, the amount of the fee and the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation pursuant to Section 482. -(e) “Posted” for purposes of this section is defined as the date of disciplinary action taken by the bureau. -(f) The petition process described by subdivisions (c) and (d) shall commence January 1, 2018. -(g) The bureau shall maintain a list of all licensees whose disciplinary records are altered as a result of a petition approved under subdivision (c). The bureau shall make the list accessible to other licensing bodies. The bureau shall update and provide the list to other licensing bodies as often as it modifies the records displayed on its Internet Web site in response to petitions approved under subdivision (c). -(h) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. -SEC. 2. -Section 10083.2 is added to the Business and Professions Code, to read: -10083.2. -(a) (1) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). -(2) The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department. -(3) The public information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet. -(4) The public information shall also include whether a licensee is an associate licensee within the meaning of subdivision (b) of Section 2079.13 of the Civil Code and, if the associate licensee is a broker, identify each responsible broker with whom the licensee is contractually associated as described in Section 10032 of this code or Section 2079.13 of the Civil Code. -(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538. -(c) This section shall become operative January 1, 2018. -SEC. 2.5. -Section 10083.2 is added to the Business and Professions Code, to read: -10083.2. -(a) (1) The commissioner shall provide on the Internet information regarding the status of every license issued by the department in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). -(2) The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department. -(3) The public information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as his or her address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet. -(4) The public information shall also include whether a licensee is an associate licensee within the meaning of subdivision (b) of Section 2079.13 of the Civil Code and, if the associate licensee is a broker, identify each responsible broker with whom the licensee is contractually associated as described in Section 10032 of this code or Section 2079.13 of the Civil Code. -(b) For purposes of this section, “Internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538. -(c) Upon petition by a licensee accompanied by a fee sufficient to defray costs associated with consideration of a petition, as described in Section 10223, the commissioner may remove from the posting of discipline described in subdivision (a) an item that has been posted on the bureau’s Internet Web site for no less than 10 years and for which the licensee provides evidence of rehabilitation indicating that the notice is no longer required in order to prevent a credible risk to members of the public utilizing licensed activity of the licensee. In evaluating a petition, the commissioner shall take into consideration other violations that present a credible risk to the members of the public since the posting of discipline requested for removal. -(d) The bureau may develop, through regulations, the amount of the fee and the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation pursuant to Section 482. -(e) “Posted” for purposes of this section is defined as the date of disciplinary action taken by the bureau. -(f) The petition process described in subdivisions (c) and (d) shall commence January 1, 2018. -(g) The bureau shall maintain a list of all licensees whose disciplinary records are altered as a result of a petition approved under subdivision (c). The bureau shall make the list accessible to other licensing bodies. The bureau shall update and provide the list to other licensing bodies as often as it modifies the records displayed on its Internet Web site in response to petitions approved under subdivision (c). -(h) This section shall become operative January 1, 2018. -SEC. 3. -Section 10161.8 of the Business and Professions Code is amended to read: -10161.8. -(a) Whenever a real estate salesman enters the employ of a real estate broker, the broker shall immediately notify the commissioner thereof in writing. -(b) Whenever employment of a real estate salesman is terminated, the broker shall immediately notify the commissioner thereof in writing. -(c) Whenever a licensee acquires a business address different from the address shown on his license he shall mark out the former address on the face of the license and type or write the new main office address in ink on the reverse side, and date and initial same. -(d) Whenever a real estate salesman enters the employ of a new real estate broker he shall mark out the name of his former broker on the face of the license and type or write the name of the new employing broker in ink on the reverse side, and date and initial same. -(e) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. -SEC. 4. -Section 10161.8 is added to the Business and Professions Code, to read: -10161.8. -(a) Whenever a real estate salesperson or broker acting as a salesperson enters the employ of a real estate broker, the responsible broker shall immediately notify the commissioner thereof in writing. -(b) Whenever employment of a real estate salesperson or broker acting as a salesperson is terminated, the responsible broker shall immediately notify the commissioner of that termination in writing. -(c) Whenever a licensee acquires a business address different from the address shown on his or her license the licensee shall mark out the former address on the face of the license and type or write the new main office address in ink on the reverse side, and date and initial the same. -(d) Whenever a real estate salesperson enters the employ of a new real estate broker the salesperson shall mark out the name of his or her former broker on the face of the license and type or write the name of the new employing broker in ink on the reverse side, and date and initial the same. -(e) This section shall become operative January 1, 2018. -SEC. 5. -Sections 1.5 and 2.5 of this bill incorporate changes to Section 10083.2 of the Business and Professions Code proposed by both this bill and Assembly Bill 1807. Those sections shall become operative only if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 10083.2 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 1807, in which case Sections 1 and 2 of this bill shall not become operative. -SEC. 6. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Real Estate Law provides for the licensure and regulation of real estate brokers and real estate salespersons by the Bureau of Real Estate headed by the Real Estate Commissioner. Existing law requires the commissioner to provide on the Internet specific information regarding the status of every license issued by the department. That law requires a real estate broker to immediately notify the commissioner in writing whenever a real estate salesperson enters the employ of or is terminated by that real estate broker. That law makes a willful or knowing violation of any if its provisions punishable as a misdemeanor. -This bill would, beginning January 1, 2018, require that information to include whether a licensee is an associate licensee and, if the associate licensee is a broker, to identify each responsible broker with whom the licensee is contractually associated. This bill would additionally require a real estate broker to immediately notify the commissioner in writing whenever a real estate broker acting as a salesperson enters the employ of or is terminated by the responsible real estate broker and would make certain nonsubstantive changes. By placing a new requirement on a real estate broker to report to the commissioner regarding the employment or termination of a real estate broker acting as a salesperson, this bill would expand an existing crime. -This bill would incorporate additional changes in Section 10083.2 of the Business and Professions Code, proposed by AB 1807, that would become operative only if AB 1807 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend, repeal, and add Sections 10083.2 and 10161.8 of the Business and Professions Code, relating to real estate licensees." -1083,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1632 of the Business and Professions Code is amended to read: -1632. -(a) The board shall require each applicant to successfully complete the Part I and Part II written examinations of the National Board Dental Examination of the Joint Commission on National Dental Examinations. -(b) The board shall require each applicant to successfully complete an examination in California law and ethics developed and administered by the board. The board shall provide a separate application for this examination. The board shall ensure that the law and ethics examination reflects current law and regulations, and ensure that the examinations are randomized. Applicants shall submit this application and required fee to the board in order to take this examination. In addition to the aforementioned application, the only other requirement for taking this examination shall be certification from the dean of the qualifying dental school attended by the applicant that the applicant has graduated, or will graduate, or is expected to graduate. Applicants who submit completed applications and certification from the dean at least 15 days prior to a scheduled examination shall be scheduled to take the examination. Successful results of the examination shall, as established by board regulation, remain valid for two years from the date that the applicant is notified of having passed the examination. -(c) Except as otherwise provided in Section 1632.5, the board shall require each applicant to have taken and received a passing score on one of the following: -(1) A portfolio examination of the applicant’s competence to enter the practice of dentistry. This examination shall be conducted while the applicant is enrolled in a dental school program at a board-approved school located in California. This examination shall utilize uniform standards of clinical experiences and competencies, as approved by the board pursuant to Section 1632.1. The applicant shall pass a final assessment of the submitted portfolio at the end of his or her dental school program. Before any portfolio assessment may be submitted to the board, the applicant shall remit the required fee to the board to be deposited into the State Dentistry Fund, and a letter of good standing signed by the dean of his or her dental school or his or her delegate stating that the applicant has graduated or will graduate with no pending ethical issues. -(A) The portfolio examination shall not be conducted until the board adopts regulations to carry out this paragraph. The board shall post notice on its Internet Web site when these regulations have been adopted. -(B) The board shall also provide written notice to the Legislature and the Legislative Counsel when these regulations have been adopted. -(2) Either one of the following examinations: -(A) A clinical and written examination administered by the Western Regional Examining Board. -(B) The clinical and written examination developed by the American Board of Dental Examiners, Inc. -(d) Notwithstanding subdivision (b) of Section 1628, the board is authorized to do either of the following: -(1) Approve an application for examination from, and to examine an applicant who is enrolled in, but has not yet graduated from, a reputable dental school approved by the board. -(2) Accept the results of an examination described in paragraph (2) of subdivision (c) submitted by an applicant who was enrolled in, but had not graduated from, a reputable dental school approved by the board at the time the examination was administered. -In either case, the board shall require the dean of that school or his or her delegate to furnish satisfactory proof that the applicant will graduate within one year of the date the examination was administered or as provided in paragraph (1) of subdivision (c). -(e) The board may determine the testing format, as related to patients, for the examination provided pursuant to subparagraph (B) of paragraph (2) of subdivision (c). -SEC. 1.5. -Section 1632 of the Business and Professions Code is amended to read: -1632. -(a) The board shall require each applicant to successfully complete the written examination of the National Board Dental Examination of the Joint Commission on National Dental Examinations. -(b) The board shall require each applicant to successfully complete an examination in California law and ethics developed and administered by the board. The board shall provide a separate application for this examination. The board shall ensure that the law and ethics examination reflects current law and regulations, and ensure that the examinations are randomized. Applicants shall submit this application and required fee to the board in order to take this examination. In addition to the aforementioned application, the only other requirement for taking this examination shall be certification from the dean of the qualifying dental school attended by the applicant that the applicant has graduated, or will graduate, or is expected to graduate. Applicants who submit completed applications and certification from the dean at least 15 days prior to a scheduled examination shall be scheduled to take the examination. Successful results of the examination shall, as established by board regulation, remain valid for two years from the date that the applicant is notified of having passed the examination. -(c) Except as otherwise provided in Section 1632.5, the board shall require each applicant to have taken and received a passing score on one of the following: -(1) A portfolio examination of the applicant’s competence to enter the practice of dentistry. This examination shall be conducted while the applicant is enrolled in a dental school program at a board-approved school located in California. This examination shall utilize uniform standards of clinical experiences and competencies, as approved by the board pursuant to Section 1632.1. The applicant shall pass a final assessment of the submitted portfolio at the end of his or her dental school program. Before any portfolio assessment may be submitted to the board, the applicant shall remit the required fee to the board to be deposited into the State Dentistry Fund, and a letter of good standing signed by the dean of his or her dental school or his or her delegate stating that the applicant has graduated or will graduate with no pending ethical issues. -(A) The portfolio examination shall not be conducted until the board adopts regulations to carry out this paragraph. The board shall post notice on its Internet Web site when these regulations have been adopted. -(B) The board shall also provide written notice to the Legislature and the Legislative Counsel when these regulations have been adopted. -(2) Either one of the following examinations: -(A) A clinical and written examination administered by the Western Regional Examining Board. -(B) The clinical and written examination developed by the American Board of Dental Examiners, Inc. -(d) Notwithstanding subdivision (b) of Section 1628, the board is authorized to do either of the following: -(1) Approve an application for examination from, and to examine an applicant who is enrolled in, but has not yet graduated from, a reputable dental school approved by the board. -(2) Accept the results of an examination described in paragraph (2) of subdivision (c) submitted by an applicant who was enrolled in, but had not graduated from, a reputable dental school approved by the board at the time the examination was administered. -In either case, the board shall require the dean of that school or his or her delegate to furnish satisfactory proof that the applicant will graduate within one year of the date the examination was administered or as provided in paragraph (1) of subdivision (c). -(e) The board may determine the testing format, as related to patients, for the examination provided pursuant to subparagraph (B) of paragraph (2) of subdivision (c). -SEC. 2. -Section 1632.55 is added to the Business and Professions Code, to read: -1632.55. -(a) Prior to implementation of subparagraph (B) of paragraph (2) of subdivision (c) of Section 1632, the department’s Office of Professional Examination Services shall review the American Board of Dental Examiners, Inc. examination to ensure compliance with the requirements of Section 139 and to certify that the examination process meets those standards, and deliver this review to the Dental Board of California. If the department determines that the examination process fails to meet those standards, does not deliver the review to the Dental Board of California, or if the American Board of Dental Examiners, Inc. fails to pay the costs and expenses the board incurs, as described in subdivision (d), subparagraph (B) of paragraph (2) of subdivision (c) of Section 1632 shall not be implemented. -(b) The American Board of Dental Examiners, Inc. examination process shall be regularly reviewed by the department pursuant to Section 139. -(c) The American Board of Dental Examiners, Inc. examination shall meet the mandates of subdivision (a) of Section 12944 of the Government Code. -(d) The American Board of Dental Examiners, Inc. shall pay all reasonable costs and expenses the board incurs for the purposes of implementing this section. -(e) The American Board of Dental Examiners, Inc. examination may only be accepted for licensure by a candidate after it is determined that the examination has met the requirements of this section. Examinations taken prior to that date may not be used for licensure. -SEC. 3. -Section 1632.7 is added to the Business and Professions Code, to read: -1632.7. -The Department of Finance may accept funds pursuant to Sections 11005.1 and 16302 of the Government Code for the purposes of reviewing and analyzing the examination developed by the American Board of Dental Examiners, Inc., as described in Section 1632.55. -SEC. 4. -Section 1.5 of this bill incorporates amendments to Section 1632 of the Business and Professions Code proposed by both this bill and Senate Bill 1478. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1632 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1478, in which case Section 1 of this bill shall not become operative.","The Dental Practice Act provides for the licensure and regulation of dentists and associated professions by the Dental Board of California within the Department of Consumer Affairs. The act requires each applicant for a license to practice dentistry to successfully complete specified examinations, including receiving a passing score on either a portfolio examination, as specified, or a clinical and written examination administered by the Western Regional Examining Board, which determines the passing score for that examination. -This bill would additionally allow an applicant to satisfy that examination requirement by receiving a passing score on the clinical and written examination developed by the American Board of Dental Examiners, Inc., subject to prior review and approval of the examination by the Office of Professional Examination Services, as provided, delivery of this review to the Dental Board of California, and payment of specified expenses incurred by the board. -Existing law authorizes the Director of Finance to accept on behalf of the state any gift of real or personal property whenever he or she deems the gift and the terms and conditions thereof to be in the best interest of the state. Existing law establishes the Special Deposit Fund, a continuously appropriated fund, which consists of money that is paid into it in trust pursuant to law when no other fund has been created to receive that money. -This bill would authorize the Department of Finance to accept funds for the purposes of reviewing and analyzing the dental examination developed by the American Board of Dental Examiners, Inc., described above. Because these funds would be deposited in the Special Deposit Fund, a continuously appropriated fund, this bill would make an appropriation. -This bill would incorporate additional changes to Section 1632 of the Business and Professions Code proposed by SB 1478 that would become operative if this bill and SB 1478 are enacted and this bill is enacted last.","An act to amend Section 1632 of, and to add Sections 1632.55 and 1632.7 to, the Business and Professions Code, relating to dentistry, and making an appropriation therefor." -1084,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 490.5 of the Penal Code is amended to read: -490.5. -(a) Upon a first conviction for petty theft involving merchandise taken from a merchant’s premises or a book or other library materials taken from a library facility, a person shall be punished by a mandatory fine of not less than fifty dollars ($50) and not more than one thousand dollars ($1,000) for each -such -violation; and may also be punished by imprisonment in the county jail, not exceeding six months, or both -such -that -fine and imprisonment. -(b) -When -If -an unemancipated minor’s willful conduct would constitute petty theft involving merchandise taken from a merchant’s premises or a book or other library materials taken from a library facility, -any -a -merchant or library facility -who -that -has been injured by that conduct may bring a civil action against the parent or legal guardian having control and custody of the minor. For the purposes of those actions the misconduct of the unemancipated minor shall be imputed to the parent or legal guardian having control and custody of the minor. The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this subdivision shall be jointly and severally liable with the minor to a merchant or to a library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the parent or legal guardian shall be jointly and severally liable with the minor to the merchant for the retail value of the merchandise if it is not recovered in a merchantable condition, or to a library facility for the fair market value of its book or other library materials. Recovery of these damages may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of that court, or in any other appropriate court; however, total damages, including the value of the merchandise or book or other library materials, shall not exceed five hundred dollars ($500) for each action brought under this section. -The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies, except that the provisions of Section 1714.1 of the Civil Code shall not apply herein. -(c) -When -If -an adult or emancipated minor has unlawfully taken merchandise from a merchant’s premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise if it is not recovered in merchantable condition, or to a library facility for the fair market value of its book or other library materials. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies. -(d) In lieu of the fines prescribed by subdivision (a), any person may be required to perform public services designated by the court, provided that in no event shall any -such -person be required to perform less than the number of hours of -such -public service necessary to satisfy the fine assessed by the court as provided by subdivision (a) at the minimum wage prevailing in the state at the time of sentencing. -(e) All fines collected under this section shall be collected and distributed in accordance with Sections 1463 and 1463.1 of the Penal Code; provided, however, that a county may, by a majority vote of the members of its board of supervisors, allocate any amount up to, but not exceeding 50 percent of such fines to the county superintendent of schools for allocation to local school districts. The fines allocated shall be administered by the county superintendent of schools to finance public school programs, which provide counseling or other educational services designed to discourage shoplifting, theft, and burglary. Subject to rules and regulations -as may be -adopted by the Superintendent of Public Instruction, each county superintendent of schools shall allocate -such -funds to school districts within the county -which -that -submit project applications designed to further the educational purposes of this section. The costs of administration of this section by each county superintendent of schools shall be paid from the funds allocated to the county superintendent of schools. -(f) (1) A merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant’s premises. -A theater owner may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the theater owner has probable cause to believe the person to be detained is attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater. -A person employed by a library facility may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the person employed by a library facility has probable cause to believe the person to be detained is attempting to unlawfully remove or has unlawfully removed books or library materials from the premises of the library facility. -(2) In making the detention a merchant, theater owner, or a person employed by a library facility may use a reasonable amount of nondeadly force necessary to protect himself or herself and to prevent escape of the person detained or the loss of tangible or intangible property. -(3) During the period of detention any items -which -that -a merchant or theater owner, or any items -which -that -a person employed by a library facility has probable cause to believe are unlawfully taken from the premises of the merchant or library facility, or recorded on theater premises, and -which -that -are in plain view may be examined by the merchant, theater owner, or person employed by a library facility for the purposes of ascertaining the ownership thereof. -(4) A merchant, theater owner, a person employed by a library facility, or an agent thereof, having probable cause to believe the person detained was attempting to unlawfully take or has taken any item from the premises, or was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater, may request the person detained to voluntarily surrender the item or recording. Should the person detained refuse to surrender the recording or item of which there is probable cause to believe has been recorded on or unlawfully taken from the premises, or attempted to be recorded or unlawfully taken from the premises, a limited and reasonable search may be conducted by those authorized to make the detention in order to recover the item. Only packages, shopping bags, handbags or other property in the immediate possession of the person detained, but not including any clothing worn by the person, may be searched pursuant to this subdivision. Upon surrender or discovery of the item, the person detained may also be requested, but may not be required, to provide adequate proof of his or her true identity. -(5) If any person admitted to a theater in which a motion picture is to be or is being exhibited, refuses or fails to give or surrender possession or to cease operation of any video recording device that the person has brought into or attempts to bring into that theater, then a theater owner shall have the right to refuse admission to that person or request that the person leave the premises and shall thereupon offer to refund and, unless that offer is refused, refund to that person the price paid by that person for admission to that theater. If the person thereafter refuses to leave the theater or cease operation of the video recording device, then the person shall be deemed to be intentionally interfering with and obstructing those attempting to carry on a lawful business within the meaning of Section 602.1. -(6) A peace officer who accepts custody of a person arrested for an offense contained in this section may, subsequent to the arrest, search the person arrested and his or her immediate possessions for any item or items alleged to have been taken. -(7) In any civil action brought by any person resulting from a detention or arrest by a merchant, it shall be a defense to -such -the -action that the merchant detaining or arresting -such -the -person had probable cause to believe that the person had stolen or attempted to steal merchandise and that the merchant acted reasonably under all the circumstances. -In any civil action brought by any person resulting from a detention or arrest by a theater owner or person employed by a library facility, it shall be a defense to that action that the theater owner or person employed by a library facility detaining or arresting that person had probable cause to believe that the person was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater or had stolen or attempted to steal books or library materials and that the person employed by a library facility acted reasonably under all the circumstances. -(g) As used in this section: -(1) “Merchandise” means any personal property, capable of manual delivery, displayed, held or offered for retail sale by a merchant. -(2) “Merchant” means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any premises used for the retail purchase or sale of any personal property capable of manual delivery. -(3) “Theater owner” means an owner or operator, and the agent, employee, consignee, lessee, or officer of an owner or operator, of any premises used for the exhibition or performance of motion pictures to the general public. -(4) The terms “book or other library materials” include any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual material in any format, magnetic or other tape, electronic data-processing record, artifact, or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, on loan to, or otherwise in the custody of a library facility. -(5) The term “library facility” includes any public library; any library of an educational, historical or eleemosynary institution, organization or society; any museum; any repository of public records. -(h) Any library facility shall post at its entrance and exit a conspicuous sign to read as follows: - -“IN ORDER TO PREVENT THE THEFT OF BOOKS AND LIBRARY MATERIALS, STATE LAW AUTHORIZES THE DETENTION FOR A REASONABLE PERIOD OF ANY PERSON USING THESE FACILITIES SUSPECTED OF COMMITTING “LIBRARY THEFT” (PENAL CODE SECTION 490.5).” - -(i) Nothing in this section nor any other provision of law precludes a merchant from offering a person suspected of theft an opportunity to complete a precomplaint diversion program in lieu of arrest and criminal prosecution or precludes a merchant from informing a person suspected of theft of the criminal or civil remedies available to the merchant. -SECTION 1. -Section 4030 of the -Penal Code -is amended to read: -4030. -(a)(1)The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout California. Consequently, some people have been arbitrarily subjected to unnecessary strip and body cavity searches after arrests for minor misdemeanor and infraction offenses. Some present search practices violate state and federal constitutional rights to privacy and freedom from unreasonable searches and seizures. -(2)It is the intent of the Legislature in enacting this section to protect the state and federal constitutional rights of the people of California by establishing a statewide policy strictly limiting strip and body cavity searches. -(b)The provisions of this section shall apply only to prearraignment detainees arrested for infraction or misdemeanor offenses and to any minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code alleged to have committed a misdemeanor or infraction offense. The provisions of this section shall not apply to a person in the custody of the Secretary of the Department of Corrections and Rehabilitation or the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation. -(c)As used in this section, the following definitions shall apply: -(1)“Body cavity” only means the stomach or rectal cavity of a person, and vagina of a female person. -(2)“Physical body cavity search” means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity. -(3)“Strip search” means a search which requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of that person. -(4)“Visual body cavity search” means visual inspection of a body cavity. -(d)Notwithstanding any other law, including Section 40304.5 of the Vehicle Code, if a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell. -(e)A person who is arrested and held in custody on a misdemeanor or infraction offense, except those involving weapons, controlled substances, or violence, or a minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601 or 602 of the Welfare and Institutions Code, except for those minors alleged to have committed felonies or offenses involving weapons, controlled substances, or violence, shall not be subjected to a strip search or visual body cavity search prior to placement in the general jail population, unless a peace officer has determined there is reasonable suspicion, based on specific and articulable facts, to believe that person is concealing a weapon or contraband, and a strip search will result in the discovery of the weapon or contraband. A strip search or visual body cavity search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty. The authorization shall include the specific and articulable facts and circumstances upon which the reasonable suspicion determination was made by the supervisor. -(f)(1)Except pursuant to the provisions of paragraph (2), a person arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances, or violence, shall not be confined in the general jail population unless all of the following are true: -(A)The person is not cited and released. -(B)The person is not released on his or her own recognizance pursuant to Article 9 (commencing with Section 1318) of Chapter 1 of Title 10 of Part 2. -(C)The person is not able to post bail within a reasonable time, not less than three hours. -(2)A person shall not be housed in the general jail population prior to release pursuant to the provisions of paragraph (1) unless a documented emergency exists and there is no reasonable alternative to that placement. The person shall be placed in the general population only upon prior written authorization documenting the specific facts and circumstances of the emergency. The written authorization shall be signed by the uniformed supervisor of the facility or by a uniformed watch commander. A person confined in the general jail population pursuant to paragraph (1) shall retain all rights to release on citation, his or her own recognizance, or bail that were preempted as a consequence of the emergency. -(g)A person who is arrested on a misdemeanor or infraction offense, or a minor described in subdivision (b), shall not be subjected to a physical body cavity search except under the authority of a search warrant issued by a magistrate specifically authorizing the physical body cavity search. -(h)A copy of the prior written authorization required by subdivisions (e) and (f) and the search warrant required by subdivision (g) shall be placed in the agency’s records and made available, on request, to the person searched or his or her authorized representative. With regard to a strip search or visual or physical body cavity search, the time, date, and place of the search, the name and sex of the person conducting the search, and a statement of the results of the search, including a list of items removed from the person searched, shall be recorded in the agency’s records and made available, upon request, to the person searched or his or her authorized representative. -(i)Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched. -(j)A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II licensed to practice in this state. A physician engaged in providing health care to detainees and inmates of the facility may conduct physical body cavity searches. -(k)A person conducting or otherwise present or within sight of the inmate during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel. -(l)All strip, visual, and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted. -(m)A person who knowingly and willfully authorizes or conducts a strip search or visual or physical body cavity search in violation of this section is guilty of a misdemeanor. -(n)This section does not limit the common law or statutory rights of a person regarding an action for damages or injunctive relief, or preclude the prosecution under another law of a peace officer or other person who has violated this section. -(o)Any person who suffers damage or harm as a result of a violation of this section may bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorney’s fees.","Existing law makes petty theft involving merchandise taken from a merchant’s premises punishable by a fine of not less than $50 and not more than $1,000, and imprisonment in the county jail not exceeding 6 months. -This bill would provide that nothing in that section or any other law precludes a merchant from offering a person suspected of theft an opportunity to complete a precomplaint diversion program in lieu of arrest and criminal prosecution, or informing a person suspected of theft of the criminal civil remedies available to the merchant. -Existing law generally prohibits strip searches and body cavity searches of prearraignment detainees arrested for infraction or misdemeanor offenses. Existing law allows a person who has been arrested and taken into custody to be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell. -This bill would make technical, nonsubstantive changes to those provisions.","An act to amend Section -4030 -490.5 -of the Penal Code, relating to -jails. -theft." -1085,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 13172.6 is added to the Water Code, to read: -13172.6. -(a) On or before June 1, 2017, the state board and the Department of Fish and Wildlife shall report to the Legislature on the status of the suction dredge permitting program established by Chapter 680 of the Statutes of 2015 and include at least all of the following information: -(1) The number or amount of permits issued statewide. -(2) The cost of permits and associated fees. -(3) The requirements and process for an individual to proceed with obtaining waste discharge requirements or a waiver of waste discharge requirements pursuant to Section 13172.5 and a permit pursuant to Section 5653 of the Fish and Game Code. -(4) A discussion of the public workshops conducted pursuant to subdivision (c) of Section 13172.5. -(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. -(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on June 1, 2021. -SECTION 1. -Section 13260 of the -Water Code -is amended to read: -13260. -(a)Each of the following persons shall file with the appropriate regional board a report of the discharge, containing the information that may be required by the regional board: -(1)A person discharging waste, or proposing to discharge waste, within any region that could affect the quality of the waters of the state, other than into a community sewer system. -(2)A person who is a citizen, domiciliary, or political agency or entity of this state discharging waste, or proposing to discharge waste, outside the boundaries of the state in a manner that could affect the quality of the waters of the state within any region. -(3)A person operating, or proposing to construct, an injection well. -(b)A report of waste discharge is not required to be filed pursuant to subdivision (a) if the requirement is waived pursuant to Section 13269. -(c)Each person subject to subdivision (a) shall file with the appropriate regional board a report of waste discharge relative to any material change or proposed change in the character, location, or volume of the discharge. -(d)(1)(A)Each person who is subject to subdivision (a) or (c) shall submit an annual fee according to a fee schedule established by the state board. -(B)The total amount of annual fees collected pursuant to this section shall equal that amount necessary to recover costs incurred in connection with the issuance, administration, reviewing, monitoring, and enforcement of waste discharge requirements and waivers of waste discharge requirements. -(C)Recoverable costs may include, but are not limited to, costs incurred in reviewing waste discharge reports, prescribing terms of waste discharge requirements and monitoring requirements, enforcing and evaluating compliance with waste discharge requirements and waiver requirements, conducting surface water and groundwater monitoring and modeling, analyzing laboratory samples, adopting, reviewing, and revising water quality control plans and state policies for water quality control, and reviewing documents prepared for the purpose of regulating the discharge of waste, and administrative costs incurred in connection with carrying out these actions. -(D)In establishing the amount of a fee that may be imposed on a confined animal feeding and holding operation pursuant to this section, including, but not limited to, a dairy farm, the state board shall consider all of the following factors: -(i)The size of the operation. -(ii)Whether the operation has been issued a permit to operate pursuant to Section 1342 of Title 33 of the United States Code. -(iii)Any applicable waste discharge requirement or conditional waiver of a waste discharge requirement. -(iv)The type and amount of discharge from the operation. -(v)The pricing mechanism of the commodity produced. -(vi)Any compliance costs borne by the operation pursuant to state and federal water quality regulations. -(vii)Whether the operation participates in a quality assurance program certified by a regional water quality control board, the state board, or a federal water quality control agency. -(2)(A)Subject to subparagraph (B), the fees collected pursuant to this section shall be deposited in the Waste Discharge Permit Fund, which is hereby created. The money in the fund is available for expenditure by the state board, upon appropriation by the Legislature, solely for the purposes of carrying out this division. -(B)(i)Notwithstanding subparagraph (A), the fees collected pursuant to this section from stormwater dischargers that are subject to a general industrial or construction stormwater permit under the national pollutant discharge elimination system (NPDES) shall be separately accounted for in the Waste Discharge Permit Fund. -(ii)Not less than 50 percent of the money in the Waste Discharge Permit Fund that is separately accounted for pursuant to clause (i) is available, upon appropriation by the Legislature, for expenditure by the regional board with jurisdiction over the permitted industry or construction site that generated the fee to carry out stormwater programs in the region. -(iii)Each regional board that receives money pursuant to clause (ii) shall spend not less than 50 percent of that money solely on stormwater inspection and regulatory compliance issues associated with industrial and construction stormwater programs. -(3)A person who would be required to pay the annual fee prescribed by paragraph (1) for waste discharge requirements applicable to discharges of solid waste, as defined in Section 40191 of the Public Resources Code, at a waste management unit that is also regulated under Division 30 (commencing with Section 40000) of the Public Resources Code, shall be entitled to a waiver of the annual fee for the discharge of solid waste at the waste management unit imposed by paragraph (1) upon verification by the state board of payment of the fee imposed by Section 48000 of the Public Resources Code, and provided that the fee established pursuant to Section 48000 of the Public Resources Code generates revenues sufficient to fund the programs specified in Section 48004 of the Public Resources Code and the amount appropriated by the Legislature for those purposes is not reduced. -(e)Each person that discharges waste in a manner regulated by this section shall pay an annual fee to the state board. The state board shall establish, by regulation, a timetable for the payment of the annual fee. If the state board or a regional board determines that the discharge will not affect, or have the potential to affect, the quality of the waters of the state, all or part of the annual fee shall be refunded. -(f)(1)The state board shall adopt, by emergency regulations, a schedule of fees authorized under subdivision (d). The total revenue collected each year through annual fees shall be set at an amount equal to the revenue levels set forth in the Budget Act for this activity. The state board shall automatically adjust the annual fees each fiscal year to conform with the revenue levels set forth in the Budget Act for this activity. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the revenue levels set forth in the Budget Act, the state board may further adjust the annual fees to compensate for the over and under collection of revenue. -(2)The emergency regulations adopted pursuant to this subdivision, any amendment thereto, or subsequent adjustments to the annual fees, shall be adopted by the state board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the state board. -(g)The state board shall adopt regulations setting forth reasonable time limits within which the regional board shall determine the adequacy of a report of waste discharge submitted under this section. -(h)Each report submitted under this section shall be sworn to, or submitted under penalty of perjury. -(i)The regulations adopted by the state board pursuant to subdivision (f) shall include a provision that annual fees shall not be imposed on those who pay fees under the national pollutant discharge elimination system until the time when those fees are again due, at which time the fees shall become due on an annual basis. -(j)A person operating or proposing to construct an oil, gas, or geothermal injection well subject to paragraph (3) of subdivision (a) shall not be required to pay a fee pursuant to subdivision (d) if the injection well is regulated by the Division of Oil, Gas, and Geothermal Resources of the Department of Conservation, in lieu of the appropriate California regional water quality control board, pursuant to the memorandum of understanding, entered into between the state board and the Department of Conservation on May 19, 1988. This subdivision shall remain operative until the memorandum of understanding is revoked by the state board or the Department of Conservation. -(k)In addition to the report required by subdivision (a), before a person discharges mining waste, the person shall first submit both of the following to the regional board: -(1)A report on the physical and chemical characteristics of the waste that could affect its potential to cause pollution or contamination. The report shall include the results of all tests required by regulations adopted by the board, any test adopted by the Department of Toxic Substances Control pursuant to Section 25141 of the Health and Safety Code for extractable, persistent, and bioaccumulative toxic substances in a waste or other material, and any other tests that the state board or regional board may require, including, but not limited to, tests needed to determine the acid-generating potential of the mining waste or the extent to which hazardous substances may persist in the waste after disposal. -(2)A report that evaluates the potential of the discharge of the mining waste to produce, over the long term, acid mine drainage, the discharge or leaching of heavy metals, or the release of other hazardous substances. -(l)Except upon a written request of the regional board, a report of waste discharge need not be filed pursuant to subdivision (a) or (c) by a user of recycled water that is being supplied by a supplier or distributor of recycled water for whom a master recycling permit has been issued pursuant to Section 13523.1.","Existing law prohibits the use of any vacuum or suction dredge equipment by any person in any river, stream, or lake of this state without a permit issued by the Department of Fish and Wildlife. Existing law requires the department to issue a permit if the department determines that the use does not cause any significant effects to fish and wildlife and would authorize the department to adjust the specified fee to an amount sufficient to cover all reasonable costs of the department in regulating suction dredging activities. Existing law authorizes the State Water Resources Control Board or a California regional water quality control board to adopt waste discharge requirements or a waiver of waste discharge requirements that address certain water quality impacts, specify conditions or areas where the discharge of waste or other adverse impacts on beneficial uses of the waters of the state from the use of vacuum or suction dredge equipment is prohibited, or prohibit particular use of, or methods of using, vacuum or suction dredge equipment, or any portion thereof, for the extraction of minerals, that the state board or a regional board determines generally cause or contribute to an exceedance of applicable water quality objectives or unreasonably impact beneficial uses. -This bill would require the state board and the department to report to the Legislature, on or before June 1, 2017, on the status of the suction dredge permitting program. -Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with responsibility for the coordination and control of water quality in the state. The act, with certain exceptions, requires a waste discharger to file certain information with the appropriate regional board and to pay an annual fee. -This bill would make nonsubstantive changes to these provisions.","An act to -amend Section 13260 of -add and repeal Section 13172.6 -of -the Water Code, relating to -water quality. -dredging." -1086,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 230.1 of the Labor Code is amended to read: -230.1. -(a) In addition to the requirements and prohibitions imposed on employees pursuant to Section 230, an employer with 25 or more employees shall not discharge, or in any manner discriminate or retaliate against, an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for any of the following purposes: -(1) To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking. -(2) To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking. -(3) To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking. -(4) To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. -(b) (1) As a condition of taking time off for a purpose set forth in subdivision (a), the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible. -(2) When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. Certification shall be sufficient in the form of any of the categories described in paragraph (2) of subdivision (d) of Section 230. -(3) To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (f) of Section 230, employers shall maintain the confidentiality of any employee requesting leave under subdivision (a). -(c) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for a purpose set forth in subdivision (a) is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief. An employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor. -(d) (1) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has exercised his or her rights as set forth in subdivision (a) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7. -(2) Notwithstanding any time limitation in Section 98.7, an employee may file a complaint with the division based upon a violation of subdivision (a) within one year from the date of occurrence of the violation. -(e) An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in subdivision (a). The entitlement of any employee under this section shall not be diminished by any term or condition of a collective bargaining agreement. -(f) This section does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.). -(g) For purposes of this section: -(1) “Domestic violence” means any of the types of abuse set forth in Section 6211 of the Family Code, as amended. -(2) “Sexual assault” means any of the crimes set forth in Section 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4 of the Penal Code, as amended. -(3) “Stalking” means a crime set forth in Section 646.9 of the Penal Code or Section 1708.7 of the Civil Code. -(h) (1) Employers shall inform each employee of his or her rights established under this section and subdivisions (c), (e), and (f) of Section 230 in writing. The information shall be provided to new employees upon hire and to other employees upon request. -(2) The Labor Commissioner shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall set forth the rights and duties of employers and employees under this section in clear and concise language. The Labor Commissioner shall post the form on the commissioner’s Internet Web site to make it available to employers who are required to comply with this section. If an employer elects not to use the form developed by the Labor Commissioner, the notice provided by the employer to the employees shall be substantially similar in content and clarity to the form developed by the Labor Commissioner. The Labor Commissioner shall develop the form and post it in accordance with this paragraph on or before July 1, 2017. -(3) Employers shall not be required to comply with paragraph (1) until the Labor Commissioner posts the form on the commissioner’s Internet Web site in accordance with paragraph (2).","Existing law prohibits an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for specified purposes related to addressing the domestic violence, sexual assault, or stalking. Existing law provides that any employee who is discharged, threatened with discharge, demoted, suspended, or in any manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for those purposes is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief, and is allowed to file a complaint with the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law establishes the Labor Commissioner as the head of the Division of Labor Standards Enforcement. -This bill would require employers to inform each employee of his or her rights established under those laws by providing specific information in writing to new employees upon hire and to other employees upon request. The bill would also require the Labor Commissioner, on or before July 1, 2017, to develop a form an employer may elect to use to comply with these provisions and to post it on the commissioner’s Internet Web site. Employers would not be required to comply with the notice of rights requirement until the commissioner posts the form.","An act to amend Section 230.1 of the Labor Code, relating to employment." -1087,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 626.9 of the Penal Code is amended to read: -626.9. -(a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995. -(b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f). -(c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances: -(1) Within a place of residence or place of business or on private property, if the place of residence, place of business, or private property is not part of the school grounds and the possession of the firearm is otherwise lawful. -(2) When the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person and is in a locked container or within the locked trunk of a motor vehicle. -This section does not prohibit or limit the otherwise lawful transportation of any other firearm, other than a pistol, revolver, or other firearm capable of being concealed on the person, in accordance with state law. -(3) When the person possessing the firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety. This subdivision may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. Upon a trial for violating subdivision (b), the trier of a fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger. -(4) When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645. -(5) When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is not in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but within a distance of 1,000 feet from the grounds of the public or private school. -(d) Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (1) of subdivision (e). -The prohibition contained in this subdivision does not apply to the discharge of a firearm to the extent that the conditions of paragraph (1) of subdivision (c) are satisfied. -(e) As used in this section, the following definitions shall apply: -(1) “Concealed firearm” has the same meaning as that term is given in Sections 25400 and 25610. -(2) “Firearm” has the same meaning as that term is given in subdivisions (a) to (d), inclusive, of Section 16520. -(3) “Locked container” has the same meaning as that term is given in Section 16850. -(4) “School zone” means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school. -(f) (1) Any person who violates subdivision (b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years. -(2) Any person who violates subdivision (b) by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished as follows: -(A) By imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, if any of the following circumstances apply: -(i) If the person previously has been convicted of any felony, or of any crime made punishable by any provision listed in Section 16580. -(ii) If the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. -(iii) If the firearm is any pistol, revolver, or other firearm capable of being concealed upon the person and the offense is punished as a felony pursuant to Section 25400. -(B) By imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, in all cases other than those specified in subparagraph (A). -(3) Any person who violates subdivision (d) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years. -(g) (1) Every person convicted under this section for a misdemeanor violation of subdivision (b) who has been convicted previously of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for not less than three months, or if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. -(2) Every person convicted under this section of a felony violation of subdivision (b) or (d) who has been convicted previously of a misdemeanor offense enumerated in Section 23515, if probation is granted or if the execution of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. -(3) Every person convicted under this section for a felony violation of subdivision (b) or (d) who has been convicted previously of any felony, or of any crime made punishable by any provision listed in Section 16580, if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. -(4) The court shall apply the three-month minimum sentence specified in this subdivision, except in unusual cases where the interests of justice would best be served by granting probation or suspending the execution or imposition of sentence without the minimum imprisonment required in this subdivision or by granting probation or suspending the execution or imposition of sentence with conditions other than those set forth in this subdivision, in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by this disposition. -(h) Notwithstanding Section 25605, any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision. -(i) Notwithstanding Section 25605, any person who brings or possesses a firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision. -(j) For purposes of this section, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder. -(k) This section does not require that notice be posted regarding the proscribed conduct. -(l) This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of his or her duties, or an armored vehicle guard, engaged in the performance of his or her duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code. -(m) This section does not apply to a security guard authorized to carry a loaded firearm pursuant to Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6. -(n) This section does not apply to an existing shooting range at a public or private school or university or college campus. -(o) This section does not apply to an honorably retired peace officer authorized to carry a concealed or loaded firearm pursuant to any of the following: -(1) Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6. -(2) Section 25650. -(3) Sections 25900 to 25910, inclusive. -(4) Section 26020. -(5) Paragraph (2) of subdivision (c) of Section 26300. -(p) This section does not apply to a peace officer appointed pursuant to Section 830.6 who is authorized to carry a firearm by the appointing agency. -(q) This section does not apply to a person holding a valid license to carry a concealed firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 who also is protected by a domestic violence protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code. -SEC. 2. -Section 30310 of the Penal Code is amended to read: -30310. -(a) Unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties. -(b) This section shall not apply to any of the following: -(1) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. -(2) A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California. -(3) -Any -A -person summoned by any of these officers to assist in making an arrest or preserving the peace while that person is actually engaged in assisting the officer. -(4) A member of the military forces of this state or of the United States who is engaged in the performance of that person’s duties. -(5) An armored vehicle guard, who is engaged in the performance of that person’s duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code. -(6) -Any -A -peace officer, listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, whether active or honorably retired. -(7) Any other duly appointed peace officer. -(8) -Any -An -honorably retired peace officer listed in subdivision (c) of Section 830.5. -(9) Any other honorably retired peace officer who during the course and scope of his or her appointment as a peace officer was authorized to, and did, carry a firearm. -(10) (A) A person carrying ammunition or reloaded ammunition onto school grounds that is in a motor vehicle at all times and is within a locked container or within the locked trunk of the vehicle. -(B) For purposes of this paragraph, the term “locked container” has the same meaning as set forth in Section 16850. -(11) A person holding a valid license to carry a concealed firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 who also is protected by a domestic violence protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code. -(c) A violation of this section is punishable by imprisonment in a county jail for a term not to exceed six months, a fine not to exceed one thousand dollars ($1,000), or both the imprisonment and fine.","Existing law, the Gun-Free School Zone Act of 1995, subject to exceptions, prohibits a person from possessing a firearm in a place that the person knows, or reasonably should know, is a school zone, unless with the written permission of certain school district officials. Existing law defines a school zone as an area on the grounds of a school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet of that school. Existing law, subject to exceptions, prohibits a person from bringing or possessing a firearm upon the grounds of a campus of a public or private university or college, or buildings owned or operated for student housing, teaching, research, or administration by a public or private university or college, that are contiguous or are clearly marked university property, as specified, unless with the written permission of specified university or college officials. Under existing law, a violation of these provisions is a felony, or, under specified circumstances, a misdemeanor. Under existing law, certain persons are exempt from both the school zone and the university prohibitions, including, among others, a retired peace officer authorized to carry a concealed or loaded firearm. -This bill would exempt from both the school zone and the university prohibitions a person holding a valid license to carry a concealed firearm who is also protected by a domestic violence protective order, as specified. -Existing law, subject to exceptions, prohibits carrying ammunition or reloaded ammunition onto school grounds unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority. -This bill would exempt from that prohibition a person holding a valid license to carry a concealed firearm who is also protected by a domestic violence protective order, as specified. The bill would make additional technical, nonsubstantive changes.","An act to amend Sections 626.9 and 30310 of the Penal Code, relating to firearms." -1088,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature that this act shall not be construed to limit any of the following: -(a) The authority of the Legislature to create and fund new judgeships pursuant to Section 4 of Article VI of the California Constitution. -(b) The authority of the Governor to appoint a person to fill a vacancy pursuant to subdivision (c) of Section 16 of Article VI of the California Constitution. -(c) The authority of the Chief Justice of California to assign judges pursuant to subdivision (e) of Section 6 of Article VI of the California Constitution. -SEC. 2. -Section 69614.5 is added to the Government Code, to read: -69614.5. -(a) To provide for a more equitable distribution of judgeships and upon notice to the applicable courts, up to five vacant judgeships shall be allocated from superior courts with more authorized judgeships than their assessed judicial need to superior courts with fewer authorized judgeships than their assessed judicial need pursuant to the requirements of this section. -(b) The allocation of vacant judgeships pursuant to subdivision (a) shall be in accordance with a methodology approved by the Judicial Council after solicitation of public comments. The determination of a superior court’s assessed judicial need shall be in accordance with the uniform standards for factually determining additional judicial need in each county, as updated and approved by the Judicial Council, pursuant to the Update of Judicial Needs Study, based on the criteria set forth in subdivision (b) of Section 69614. -(c) If a judgeship in a superior court becomes vacant, the Judicial Council shall determine whether the judgeship is eligible for allocation to another superior court under the methodology, standards, and criteria described in subdivision (b). If the judgeship is eligible for allocation to another superior court, the Judicial Council shall promptly notify the applicable courts, the Legislature, and the Governor that the judgeship vacated in one court shall be allocated to another court. -(d) (1) For purposes of this section only, a judgeship shall become “vacant” when an incumbent judge relinquishes the office through resignation, retirement, death, removal, or confirmation to an appellate court judgeship during either of the following: -(A) At any time before the deadline to file a declaration of intention to become a candidate for a judicial office pursuant to Section 8023 of the Elections Code. -(B) After the deadline to file a declaration of intention to become a candidate for a judicial office pursuant to Section 8023 of the Elections Code if no candidate submits qualifying nomination papers by the deadline pursuant to Section 8020 of the Elections Code. -(2) For purposes of this section, a judgeship shall not become “vacant” when an incumbent judge relinquishes the office as a result of being defeated in an election for that office. -SECTION 1. -Section 1252 of the -Health and Safety Code -is amended to read: -1252. -(a)Except as specified in subdivision (b), “special service” means a functional division, department, or unit of a health facility that is organized, staffed, and equipped to provide a specific type or types of patient care and that has been identified by regulations of the state department and for which the state department has established special standards for quality of care. “Special service” does not include a functional division, department, or unit of a nursing facility, as defined in subdivision (k) of Section 1250, that is organized, staffed, and equipped to provide inpatient physical therapy services, occupational therapy services, or speech pathology and audiology services to residents of the facility if these services are provided solely to meet the federal Centers for Medicare and Medicaid Services certification requirements. “Special service” includes physical therapy services, occupational therapy services, or speech pathology and audiology services provided by a nursing facility, as defined in subdivision (k) of Section 1250, to outpatients. -(b)Notwithstanding subdivision (a), “special service” also means dialysis, peritoneal, and infusion services as may be approved by the department for nursing facilities and skilled nursing facilities that are not identified by regulations of the department, if the licensee can demonstrate to the satisfaction of the department that the special service will operate in accordance with a minimum standard for quality of care. The minimum standard for quality of care for the special service under this subdivision shall be equivalent to, or greater than, that of current community standards for quality of care for that type of service. Approved special services shall be listed on the facility license. Failure to maintain the agreed upon minimum standard for quality of care shall result in approval for the special service being terminated. A licensee applying to the department for approval of special services that are not identified by regulations of the department pursuant to this subdivision shall submit all the following information for the department’s consideration: -(1)A completed application on forms prescribed by the department, with additional documentation or data, as required by the department, that clearly identifies the scope of the special service proposed to be provided. -(2)The hours of operation for the special service. -(3)Whether the service is to be provided solely to the residents of the facility or also on an outpatient basis. If the service is to be provided on an outpatient basis, the licensee shall specify the population to be served. -(4)A copy of the special service policies and procedures for review and approval. -(5)The minimum staffing levels and qualifications for the proposed special service, sufficient to meet the needs of the residents and patients. -(6)Identification of the equipment and supplies necessary to meet the needs of residents and patients receiving care in the special service. -(7)Identification of an appropriate space within the facility to be used to provide the special service. A special service that is provided on an outpatient basis shall not be provided in a space that would require outpatients to traverse areas where resident sleeping rooms are located. -(8)Confirmation that the applicable building, zoning, and fire safety standards for the proposed use of the special service space are met. -(9)Any other relevant information requested by the department. -(c)This section does not limit the department’s ability to evaluate compliance with the therapy requirements for nursing facilities and skilled nursing facilities established in Title 22 of the California Code of Regulations during investigations or inspections, including, but not limited to, inspections conducted pursuant to Section 1422, or to limit the department’s ability to enforce the therapy requirements. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law specifies the number of judges for the superior court of each county. Existing law allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional judicial need in each county, as updated and approved by the Judicial Council, pursuant to the Update of Judicial Needs Study, based on specified criteria, including, among others, workload standards that represent the average amount of time of bench and nonbench work required to resolve each case type. -This bill would require the allocation of up to 5 vacant judgeships, as defined, from superior courts with more authorized judgeships than their assessed judicial need to superior courts with fewer authorized judgeships than their assessed judicial need. The bill would require the allocation to be in accordance with a methodology approved by the Judicial Council, as specified, and would require the determination of a superior court’s assessed judicial need to be in accordance with the above uniform standards and be based on the criteria described above. The bill would require the Judicial Council, if a vacant judgeship is eligible for allocation to another superior court, to promptly notify the applicable courts, the Legislature, and the Governor that the judgeship shall be allocated to another court. -This bill would also make a statement of legislative intent regarding the authority of the Legislature, the Governor, and the Chief Justice of California. -Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health and prohibits a health facility from providing a special service without the approval of the department. Under existing law, a violation of these provisions is a crime. Existing law defines a “special service” to mean a functional division, department, or unit of a health facility that is organized, staffed, and equipped to provide a specific type of patient care and that has been identified by regulations of the department and for which the department has established special standards for quality of care. Under existing law, “special services” includes physical therapy services, occupational therapy services, or speech pathology and audiology services provided by a nursing facility to outpatients. -This bill would additionally define “special services” to mean dialysis, peritoneal, and infusion services as may be approved by the department for nursing facilities and skilled nursing facilities that are not identified in regulations of the department, if the licensee can demonstrate to the department that the special service will operate in accordance with a minimum standard for quality of care. The bill would require a licensee applying to the department for approval of special services that are not identified by regulations of the department to submit an application and other information, as specified. By expanding the application of an existing crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to -amend Section 1252 of the Health and Safety Code, relating to health facilities. -add Section 69614.5 to the Government Code, relating to judgeships." -1089,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California is experiencing a housing crisis throughout the state. -(b) The preservation of affordable housing options and the need to create more housing opportunities requires increased funding and policy changes. -(c) Mobilehome parks are community-based, affordable housing options important to many residents in our state. -(d) Local governments need tools to ensure mobilehome parks remain available as affordable hosing options. -(e) Current policy barriers inhibit local control on mobilehome parks. -(f) It is necessary to provide local governments with tools to preserve affordable mobilehome parks in their communities. -SEC. 2. -Section 798.17 of the Civil Code is repealed. -798.17. -(a)(1)Rental agreements meeting the criteria of subdivision (b) shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent. The terms of a rental agreement meeting the criteria of subdivision (b) shall prevail over conflicting provisions of an ordinance, rule, regulation, or initiative measure limiting or restricting rents in mobilehome parks, only during the term of the rental agreement or one or more uninterrupted, continuous extensions thereof. If the rental agreement is not extended and no new rental agreement in excess of 12 months’ duration is entered into, then the last rental rate charged for the space under the previous rental agreement shall be the base rent for purposes of applicable provisions of law concerning rent regulation, if any. -(2)In the first sentence of the first paragraph of a rental agreement entered into on or after January 1, 1993, pursuant to this section, there shall be set forth a provision in at least 12-point boldface type if the rental agreement is printed, or in capital letters if the rental agreement is typed, giving notice to the homeowner that the rental agreement will be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent. -(b)Rental agreements subject to this section shall meet all of the following criteria: -(1)The rental agreement shall be in excess of 12 months’ duration. -(2)The rental agreement shall be entered into between the management and a homeowner for the personal and actual residence of the homeowner. -(3)The homeowner shall have at least 30 days from the date the rental agreement is first offered to the homeowner to accept or reject the rental agreement. -(4)The homeowner who signs a rental agreement pursuant to this section may void the rental agreement by notifying management in writing within 72 hours of returning the signed rental agreement to management. This paragraph shall only apply if management provides the homeowner a copy of the signed rental agreement at the time the homeowner returns the signed rental agreement. -(5)The homeowner who signs a rental agreement pursuant to this section may void the agreement within 72 hours of receiving an executed copy of the rental agreement pursuant to Section 798.16. This paragraph shall only apply if management does not provide the homeowner with a copy of the signed rental agreement at the time the homeowner returns the signed rental agreement. -(c)If, pursuant to paragraph (3) or (4) of subdivision (b), the homeowner rejects the offered rental agreement or rescinds a signed rental agreement, the homeowner shall be entitled to instead accept, pursuant to Section 798.18, a rental agreement for a term of 12 months or less from the date the offered rental agreement was to have begun. In the event the homeowner elects to have a rental agreement for a term of 12 months or less, including a month-to-month rental agreement, the rental agreement shall contain the same rental charges, terms, and conditions as the rental agreement offered pursuant to subdivision (b), during the first 12 months, except for options, if any, contained in the offered rental agreement to extend or renew the rental agreement. -(d)Nothing in subdivision (c) shall be construed to prohibit the management from offering gifts of value, other than rental rate reductions, to homeowners who execute a rental agreement pursuant to this section. -(e)With respect to any space in a mobilehome park that is exempt under subdivision (a) from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity that establishes a maximum amount that a landlord may charge a homeowner for rent, and notwithstanding any ordinance, rule, regulation, or initiative measure, a mobilehome park shall not be assessed any fee or other exaction for a park space that is exempt under subdivision (a) imposed pursuant to any ordinance, rule, regulation, or initiative measure. No other fee or other exaction shall be imposed for a park space that is exempt under subdivision (a) for the purpose of defraying the cost of administration thereof. -(f)At the time the rental agreement is first offered to the homeowner, the management shall provide written notice to the homeowner of the homeowner’s right (1) to have at least 30 days to inspect the rental agreement, and (2) to void the rental agreement by notifying management in writing within 72 hours of receipt of an executed copy of the rental agreement. The failure of the management to provide the written notice shall make the rental agreement voidable at the homeowner’s option upon the homeowner’s discovery of the failure. The receipt of any written notice provided pursuant to this subdivision shall be acknowledged in writing by the homeowner. -(g)No rental agreement subject to subdivision (a) that is first entered into on or after January 1, 1993, shall have a provision which authorizes automatic extension or renewal of, or automatically extends or renews, the rental agreement for a period beyond the initial stated term at the sole option of either the management or the homeowner. -(h)This section does not apply to or supersede other provisions of this part or other state law. -SECTION 1. -Section 798.17.5 is added to the -Civil Code -, to read: -798.17.5. -Notwithstanding Section 798.17, with respect to mobilehome park rents within its territorial jurisdiction, the legislative body of a local governmental entity may enact a rent control ordinance for a mobilehome park where the vacancy rate exceeds ____ percent for a period of ____ months or where the rent charged to mobilehome park residents exceeds ____ percent of the average rents for mobilehome park residents within a ____ mile radius of that park.","The Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks, and exempts a rental agreement that satisfies specified -criteria -criteria, including that it be in excess of 12-months’ duration, -from any ordinance, rule, regulation, or initiative measure adopted by a local governmental entity that establishes a maximum amount a landlord may charge a tenant for rent. -This bill would -authorize the legislative body of a local governmental entity to enact a rent control ordinance for a mobilehome park within its jurisdiction when the vacancy rate in the park meets or exceeds an unspecified percentage over a certain period or where the rent charged to mobilehome park residents exceeds an unspecified percent of the average rents for mobilehome park residents within an unspecified radius of the park. -repeal these provisions. The bill would make a statement of legislative findings.","An act to -add Section 798.17.5 to -repeal Section 798.17 of -the Civil Code, relating to mobilehome parks." -1090,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1841 of the Water Code is amended to read: -1841. -(a) The board may adopt regulations requiring measurement and reporting of water diversion and use by either of the following: -(1) Persons authorized to appropriate water under a permit, license, registration for small domestic, small irrigation, or livestock stockpond use, -if the registered use is year-round, -or certification for livestock stockpond -use. -use, if the certified use is year-round. -(2) Persons required to comply with measurement and reporting regulations pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Section 5103. -(b) The initial regulations that the board adopts pursuant to this section shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of the initial regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted under this section shall remain in effect until revised by the board. -(c) The adoption of the initial regulations pursuant to this article is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. -SECTION 1. -Section 1840 of the -Water Code -is amended to read: -1840. -(a)(1)Except as provided in subdivision (b), a person who, on or after January 1, 2018, diverts 10 acre-feet of water per year or more under a permit or license shall install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage. The measurements shall be made using the best available technologies and best professional practices, as defined in Section 5100, using a device or methods satisfactory to the board, as follows: -(A)A device shall be capable of continuous monitoring of the rate and quantity of water diverted and shall be properly maintained. The permittee or licensee shall provide the board with evidence that the device has been installed with the first report submitted after installation of the device. The permittee or licensee shall provide the board with evidence demonstrating that the device is functioning properly as part of the reports submitted at five-year intervals after the report documenting installation of the device, or upon request of the board. -(B)In developing regulations pursuant to Section 1841, the board shall consider devices and methods that provide accurate measurement of the total amount diverted and the rate of diversion. The board shall consider devices and methods that provide accurate measurements within an acceptable range of error, including the following: -(i)Electricity records dedicated to a pump and recent pump test. -(ii)Staff gage calibrated with an acceptable streamflow rating curve. -(iii)Staff gage calibrated for a flume or weir. -(iv)Staff gage calibrated with an acceptable storage capacity curve. -(v)Pressure transducer and acceptable storage capacity curve. -(2)The permittee or licensee shall maintain a record of all diversion monitoring that includes the date, time, and diversion rate at time intervals of one hour or less, and the total amount of water diverted. These records shall be included with reports submitted under the permit or license, as required under subdivision (c), or upon request of the board. -(b)(1)The board may modify the requirements of subdivision (a) upon finding either of the following: -(A)That strict compliance is infeasible, is unreasonably expensive, would unreasonably affect public trust uses, or would result in the waste or unreasonable use of water. -(B)That the need for monitoring and reporting is adequately addressed by other conditions of the permit or license. -(2)The board may increase the 10-acre-foot reporting threshold of subdivision (a) in a watershed or subwatershed, after considering the diversion reporting threshold in relation to quantity of water within the watershed or subwatershed. The board may increase the 10-acre-foot reporting threshold to 25 acre-feet or more if it finds that the benefits of the additional information within the watershed or subwatershed are substantially outweighed by the cost of installing measuring devices or employing methods for measurement for diversions at the 10-acre-foot threshold. -(c)At least annually, a person who diverts water under a registration, permit, or license shall report to the board the following information: -(1)The quantity of water diverted by month. -(2)The maximum rate of diversion by months in the preceding calendar year. -(3)The information required by subdivision (a), if applicable. -(d)Compliance with the applicable requirements of this section is a condition of every registration, permit, or license.","Existing law authorizes the State Water Resources Control Board to adopt regulations requiring measurement and reporting of water diversion and use by persons including, among others, those authorized to appropriate water under a permit, license, registration for small domestic, small irrigation, or livestock stockpond use, or a certification for livestock stockpond use. -This bill would restrict the state board’s authorization to adopt regulations requiring measurement and reporting of water diversion and use by persons authorized to appropriate water under a registration or certification to uses that are year-round. -Existing law requires a person who diverts 10 acre-feet of water per year or more under a permit or license to install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage, as specified, and with certain exceptions. -This bill would delay those requirements for 2 years.","An act to amend Section -1840 -1841 -of the Water Code, relating to water." -1091,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares the following: -(a) Existing law, Section 1940.8.5 of the Civil Code, requires a landlord or his or her agent who applies pesticide in certain ways to a dwelling unit or common area without a licensed pest control operator to provide to tenants of potentially affected units written notification that includes the pest to be targeted, the pesticide to be used, the frequency of its use, and a health and safety statement prior to the pesticide application. -(b) It is the intent of this bill, therefore, that when pesticides are about to be applied to the separate interests or to the common areas of a common interest development either by the homeowner association or by one of its agents rather than by a licensed pest control operator, that the owners and, if applicable, tenants of the separate interests and the owners and, if applicable, tenants of adjacent separate units that could reasonably be impacted by the pesticide be provided with substantially the same written notification that they would have received under existing law had the pesticides been applied by a licensed pest control operator. -SEC. 2. -Section 4777 is added to the Civil Code, to read: -4777. -(a) For the purposes of this section: -(1) “Adjacent separate interest” means a separate interest that is directly beside, above, or below a particular separate interest or the common area. -(2) “Authorized agent” means an individual, organization, or other entity that has entered into an agreement with the association to act on the association’s behalf. -(3) “Broadcast application” means spreading pesticide over an area greater than two square feet. -(4) “Electronic delivery” means delivery of a document by electronic means to the electronic address at, or through which, an owner of a separate interest has authorized electronic delivery. -(5) “Licensed pest control operator” means anyone licensed by the state to apply pesticides. -(6) “Pest” means a living organism that causes damage to property or economic loss, or transmits or produces diseases. -(7) “Pesticide” means any substance, or mixture of substances, that is intended to be used for controlling, destroying, repelling, or mitigating any pest or organism, excluding antimicrobial pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)). -(b) (1) An association or its authorized agent that applies any pesticide to a separate interest or to the common area without a licensed pest control operator shall provide the owner and, if applicable, the tenant of an affected separate interest and, if making broadcast applications, or using total release foggers or aerosol sprays, the owner and, if applicable, the tenant in an adjacent separate interest that could reasonably be impacted by the pesticide use with written notice that contains the following statements and information using words with common and everyday meaning: -(A) The pest or pests to be controlled. -(B) The name and brand of the pesticide product proposed to be used. -(C) “State law requires that you be given the following information: - - -CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. -If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222). -For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).” - - -(D) The approximate date, time, and frequency with which the pesticide will be applied. -(E) The following notification: -“The approximate date, time, and frequency of this pesticide application is subject to change.” -(2) At least 48 hours prior to application of the pesticide to a separate interest, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest and notice to an owner and, if applicable, the tenant occupying any adjacent separate interest that is required to be notified pursuant to paragraph (1). -(3) (A) At least 48 hours prior to application of the pesticide to a common area, the association or its authorized agent shall, if practicable, post the written notice described in paragraph (1) in a conspicuous place in or around the common area in which the pesticide is to be applied. Otherwise, if not practicable, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest that is adjacent to the common area. -(B) If the pest poses an immediate threat to health and safety, thereby making compliance with notification prior to the pesticide application unreasonable, the association or its authorized agent shall post the written notice as soon as practicable, but not later than one hour after the pesticide is applied. -(4) Notice to tenants of separate interests shall be provided, in at least one of the following ways: -(A) First-class mail. -(B) Personal delivery to a tenant 18 years of age or older. -(C) Electronic delivery, if an electronic mailing address has been provided by the tenant. -(5) (A) Upon receipt of written notification, the owner of the separate interest or the tenant may agree in writing or, if notification was delivered electronically, the tenant may agree through electronic delivery, to allow the association or authorized agent to apply a pesticide immediately or at an agreed upon time. -(B) (i) Prior to receipt of written notification, the association or authorized agent may agree orally to an immediate pesticide application if the owner or, if applicable, the tenant requests that the pesticide be applied before the 48-hour notice of the pesticide product proposed to be used. -(ii) With respect to an owner or, if applicable, a tenant entering into an oral agreement for immediate pesticide application, the association or authorized agent, no later than the time of pesticide application, shall leave the written notice specified in paragraph (1) in a conspicuous place in the separate interest or at the entrance of the separate interest in a manner in which a reasonable person would discover the notice. -(iii) If any owner or, if applicable, any tenant of a separate interest or an owner or, if applicable, a tenant of an adjacent separate interest is also required to be notified pursuant to this subparagraph, the association or authorized agent shall provide that person with this notice as soon as practicable after the oral agreement is made authorizing immediate pesticide application, but in no case later than commencement of application of the pesticide. -(6) A copy of a written notice provided pursuant paragraph (1) shall be attached to the minutes of the board meeting immediately subsequent the application of the pesticide.","Existing law, the Davis-Stirling Common Interest Development Act, regulates the creation and governance of common interest developments, which are managed by associations. Existing law generally provides that an association is responsible for maintaining common areas in the development and owners of separate interests are responsible for their interests. Existing law permits an association to require the removal of an occupant of a separate interest for those times and periods as may be necessary for the effective treatment of wood-destroying pests. Existing law generally requires a landlord or his or her authorized agent to provide notice to tenants, and under certain circumstances tenants of adjacent units, of the use of pesticides at the tenant’s dwelling unit or in common areas if the landlord or authorized agent applies any pesticide without a licensed pest control operator. -This bill would require a common interest development association or its authorized agent to provide notice to an owner and, if applicable, a tenant of a separate interest, and under certain circumstances to owners and, if applicable, tenants of adjacent separate interests, if pesticide is to be applied without a licensed pest control operator to a separate interest or to a common area. The bill would prescribe the contents of the notice and how it is to be provided. The bill would authorize an owner or tenant to agree to immediate pesticide application and would prescribe a revised notification procedure in this instance. The bill would also permit the notice to be posted, as specified, after the pesticide application if the pest poses an imminent threat to health and safety.","An act to add Section 4777 to the Civil Code, relating to common interest developments." -1092,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature to build a stable, comprehensive, and adequately funded high-quality early learning and educational support system for children from birth to five years of age, inclusive, with alignment and integration into the K–12 education system by strategically using state and federal funds, and engaging all early care and education stakeholders, including K–12 education stakeholders, in an effort to provide access to affordable, high-quality services supported by adequate rates, integrated data systems, and a strong infrastructure that supports children and the educators that serve them. -SEC. 2. -Article 15.1 (commencing with Section 8332) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: -Article 15.1. Individualized County of Santa Clara Child Care Subsidy Plan -8332. -The County of Santa Clara may, as a pilot project, develop and implement an individualized county child care subsidy plan. The plan shall ensure that child care subsidies received by the County of Santa Clara are used to address local needs, conditions, and priorities of working families in the community. -8332.1. -For purposes of this article, “county” means the County of Santa Clara. -8332.2. -(a) For purposes of this article, “plan” means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 8332, which includes all of the following: -(1) An assessment to identify the county’s goals for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the county’s child care goals coincide with the state’s requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the state’s child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following: -(A) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition. -(B) The current supply of available subsidized child care. -(C) The level of need for various types of subsidized child care services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs. -(D) The county’s self-sufficiency income level. -(E) Income eligibility levels for subsidized child care. -(F) Family fees. -(G) The cost of providing child care. -(H) The regional market rates, as established by the department, for different types of child care. -(I) The standard reimbursement rate or state per diem for centers operating under contracts with the department. -(J) Trends in the county’s unemployment rate and housing affordability index. -(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the county’s achievement of its desired outcomes for subsidized child care. -(B) The local policy shall do all of the following: -(i) Prioritize lowest income families first. -(ii) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1. -(iii) Meet local goals that are consistent with the state’s child care goals. -(iv) Identify existing policies that would be affected by the county’s plan. -(v) (I) Authorize an agency that provides child care and development services in the county through a contract with the department and either provides direct services or contracts with licensed providers or centers to apply to the department to amend existing contracts in order to benefit from the local policy. -(II) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8332.3. -(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable. -(C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors: -(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, inclusion of former and current CalWORKs participants, and special needs considerations, except that the local policy shall not deny or reduce eligibility of a family that qualifies for child care pursuant to Section 8353. Under the local policy, a family that qualifies for child care pursuant to Section 8354 shall be treated for purposes of eligibility and fees in the same manner as a family that qualifies for subsidized child care on another basis pursuant to the local policy. -(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1. -(iii) Reimbursement rates. -(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies. -(3) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the county and contractors that contract with licensed providers and centers are eligible to be included in the county’s plan. -(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the county’s child care goals, and to overcome any barriers identified in the state’s child care subsidy system. -(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county. -8332.3. -(a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the County of Santa Clara shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the Early Education and Support Division of the department for review. -(b) Within 30 days of receiving the plan, the Early Education and Support Division shall review and either approve or disapprove the plan. -(c) Within 30 days of receiving a modification to the plan, the Early Education and Support Division shall review and either approve or disapprove that modification to the plan. -(d) The Early Education and Support Division may disapprove only those portions of modifications to the plan that are not in conformance with this article or that are in conflict with federal law. -8332.4. -The county shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the aggregate days a child is enrolled in child care in the county as compared to the enrollment in the final quarter of the 2015–16 fiscal year. -8332.5. -(a) The county shall annually prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the county’s plan, and the county’s ability to maximize the use of funds and to improve and stabilize child care in the county. -(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. -8332.6. -A participating contractor shall receive an increase or decrease in funding that the contractor would have received if the contractor had not participated in the plan. -8332.7. -This article shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SEC. 3. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the County of Santa Clara. Existing law does not reflect the fiscal reality of living in the County of Santa Clara, a high-cost county where the cost of living is well beyond the state median level, resulting in reduced access to quality child care. In recognition of the unintended consequences of living in a high-cost county, this act is necessary to provide children and families in the County of Santa Clara proper access to child care through an individualized county child care subsidy plan.","The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality child care programs. Existing law authorizes the County of Alameda, as a pilot project, to develop an individualized county child care subsidy plan, as provided. -This bill would authorize, until January 1, 2022, the County of Santa Clara to develop and implement an individualized county child care subsidy plan, as specified. The bill would require the plan to be submitted to the local planning council and the Santa Clara County Board of Supervisors for approval, as specified. The bill would require the Early Education and Support Division of the State Department of Education to review and approve or disapprove the plan and any subsequent modifications to the plan. The bill would require the County of Santa Clara to annually prepare and submit to the Legislature, the State Department of Social Services, and the State Department of Education a report that contains specified information relating to the success of the county’s plan. -This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Santa Clara.","An act to add and repeal Article 15.1 (commencing with Section 8332) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, relating to child care and development services." -1093,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 2 (commencing with Section 18706) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: -Article 2. Special Olympics Fund -18706. -(a) Any individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Special Olympics Fund established by Section 18707 to be used by the Special Olympics Northern California and the Special Olympics Southern California. -(b) The contribution shall be in full dollar amounts and may be made individually by each signatory on the joint return. -(c) A designation under subdivision (a) shall be made for any taxable year on the original return for that taxable year, and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made. -(d) (1) The Franchise Tax Board shall revise the form of the return to include a space labeled “Special Olympics Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to conduct the activities of the Special Olympics Northern California and the Special Olympics Southern California in support of children and adults with intellectual disabilities. -(2) Notwithstanding paragraph (1), a voluntary contribution designation for the Special Olympics Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available, whichever occurs first. -(e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a). -18707. -There is hereby established in the State Treasury the Special Olympics Fund to receive contributions made pursuant to Section 18706. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18706 to be transferred to the Special Olympics Fund. The Controller shall transfer from the Personal Income Tax Fund to the Special Olympics Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18706 for payment into that fund. -18708. -All moneys transferred to the Special Olympics Fund pursuant to Section 18707, upon appropriation by the Legislature, shall be allocated as follows: -(a) To the Franchise Tax Board and the Controller for reimbursement of all costs incurred by the Franchise Tax Board and the Controller in connection with their duties under this article. -(b) To the State Department of Social Services where the balance shall be disbursed between the Special Olympics Northern California and the Special Olympics Southern California based on the amount of donations provided by taxpayers in each organization’s jurisdiction based on the county of the taxpayer contributing, for the purpose of supporting children and adults with intellectual disabilities. The State Department of Social Services shall be responsible for overseeing that disbursement and may use up to 3 percent of the moneys allocated to it for administrative costs. The Special Olympics Northern California and the Special Olympics Southern California shall not use the moneys received pursuant to this article for administrative costs. -(c) The Special Olympics Northern California and the Special Olympics Southern California shall annually provide a report to the State Department of Social Services that includes documentation that the moneys disbursed to each organization pursuant to this section were not used for administrative costs nor for any purposes outside of California and that describes in narrative form the amount of moneys received pursuant to this section and the purposes for which the moneys were expended. -18709. -(a) Except as otherwise provided in paragraph (2) of subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the Special Olympics Fund on the personal income tax return, and is repealed as of December 1 of that year. -(b) (1) By September 1 of the second calendar year and each subsequent calendar year that the Special Olympics Fund appears on the tax return, the Franchise Tax Board shall do both of the following: -(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. -(B) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. -(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. -(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the Special Olympics Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c). -(c) For each calendar year, beginning with the third calendar year after the first appearance of the Special Olympics Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows: -(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. -(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.","Under existing law, taxpayers are allowed to contribute amounts in excess of their personal income tax liability for the support of various funds. Existing law also contains administrative provisions that are generally applicable to voluntary contributions. -This bill would allow a taxpayer to designate an amount in excess of personal income tax liability to be deposited to the Special Olympics Fund, which the bill would create. The bill would require moneys transferred to the Special Olympics Fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller, as provided, and to the State Department of Social Services for disbursement to the Special Olympics Northern California and the Special Olympics Southern California for the purpose of funding activities of the Special Olympics in support of children and adults with intellectual disabilities, as provided. The bill would authorize the State Department of Social Services to use up to 3% of the moneys allocated to it for administrative costs. The bill would require the Special Olympics Northern California and the Special Olympics Southern California to annually provide a report to the State Department of Social Services regarding the expenditure of the moneys disbursed to each organization, as specified.","An act to add and repeal Article 2 (commencing with Section 18706) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, relating to taxation." -1094,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 31494.2 of the Government Code is amended to read: -31494.2. -(a) A general member whose benefits are governed by Retirement Plan D may, during a period of active employment, elect to change plan membership and become a member, prospectively, in Retirement Plan E. The election shall be made upon written application signed by the member and filed with the board, pursuant to enrollment procedures and during an enrollment period established by the board, which enrollment period shall not occur more frequently than once every three years for that member. The change in plan membership shall be effective as of the transfer date, as defined in subdivision (d). Except as otherwise provided in this section, the rights and obligations of a member who elects to change membership under this section shall be governed by the terms of this article on and after the transfer date. Prior to the transfer date, the rights to retirement, survivors’, or other benefits payable to a member and his or her survivors or beneficiaries shall continue to be governed by Retirement Plan D. -(b) Except as otherwise provided in this section, effective as of the transfer date, a member who has transferred to Retirement Plan E pursuant to this section and his or her survivors or beneficiaries shall receive retirement, survivors’, and other benefits that shall consist of: (1) the benefits to which they are entitled under the terms of Retirement Plan E, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan E, and (2) the benefits to which they would have been entitled under the terms of Retirement Plan D had the member remained a member of Retirement Plan D, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan D. Except as otherwise provided in this section, the calculation of the member’s, survivors’, or beneficiaries’ benefits under each plan shall be subject to that plan’s respective, separate terms, including, but not limited to, the definitions of “final compensation” and provisions establishing cost-of-living adjustments, establishing minimum retirement age and service requirements, and governing integration with federal social security payments. Notwithstanding the foregoing, the aggregate service credited under both retirement plans shall be taken into account for the purpose of determining eligibility for and vesting of benefits under each plan. -(c) Notwithstanding any other provision of Retirement Plan D or Retirement Plan E: -(1) A member who has transferred to Retirement Plan E pursuant to this section may not retire for disability and receive disability retirement benefits under Retirement Plan D. -(2) If a member who has transferred to Retirement Plan E pursuant to this section dies prior to retirement, that member’s survivor or beneficiary may not receive survivor or death benefits under Retirement Plan D but shall receive a refund of the member’s contributions to Retirement Plan D together with all interest credited thereto. -(d) As used in this section: -(1) “Period of active employment” means a period during which the member is actively performing the duties of a full-time or part-time employee position or is on any authorized paid leave of absence, except a leave of absence during which the member is totally disabled and is receiving, or is eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer. -(2) “Retirement Plan D” means the contributory retirement plan otherwise available to members of the system between June 1, 1979, and December 31, 2012, inclusive. -(3) “Retirement Plan E” means the noncontributory retirement plan established under this article. -(4) “Transfer date” means the first day of the first month that is at least 30 days after the date that the application is filed with the board to change plan membership under subdivision (a). -(e) This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county. -SEC. 2. -Section 31494.5 of the Government Code is amended to read: -31494.5. -(a) A general member whose benefits are governed by Retirement Plan E may, during a period of active employment, elect to change plan membership and become a member, prospectively, in Retirement Plan D. The election shall be made upon written application signed by the member and filed with the board, pursuant to enrollment procedures and during an enrollment period established by the board, which enrollment period shall not occur more frequently than once every three years for that member. The change in plan membership shall be effective as of the transfer date, as defined in subdivision (g). Except as otherwise provided in this section, the rights and obligations of a member who elects to change membership under this section shall be governed by the terms of Retirement Plan D on and after the transfer date. Prior to the transfer date, the rights to retirement, survivors’, or other benefits payable to a member and his or her survivors or beneficiaries shall continue to be governed by Retirement Plan E. -(b) If a member has made the election to change plans under subdivision (a), monthly contributions by the member and the employer under the terms of Retirement Plan D shall commence as of the transfer date. For the purposes of calculating the member’s contribution rate under Retirement Plan D, his or her entry age shall be deemed to be his or her age at his or her birthday nearest the transfer date; however, if the member exchanges service credit in accordance with subdivision (c), with regard to contributions made for periods after that exchange, his or her entry age shall be adjusted and deemed to be the member’s age at his or her birthday nearest the date on which begins the most recent period of unbroken service credited under Retirement Plan D, taking into account service purchased under subdivision (c). In no event shall the exchange of service under subdivision (c) affect the entry age with respect to, or the cost of, employee contributions made, or service purchased, prior to the exchange. -(c) (1) A general member who has elected to change plans under subdivision (a) also may elect to exchange, at that time or any time thereafter, but prior to the earlier of his or her application for retirement, termination from employment, or death, some portion designated in whole-month increments, or all of the service credited under Retirement Plan E for an equivalent amount of service credited under Retirement Plan D, provided, however, that the member may not exchange less than 12 months’ service or, if less, the total service credited under Retirement Plan E. The exchange shall be effective on the date when the member completes the purchase of that service by depositing in the retirement fund, by lump sum or regular monthly installments, over the period of time determined by a resolution adopted by a majority vote of the board of retirement, or both, but in any event prior to the earlier of his or her death or the date that is 120 days after the effective date of his or her retirement, the sum of: (1) the contributions the member would have made to the retirement fund under Retirement Plan D for that length of time for which the member shall receive credit as service under Retirement Plan D, computed in accordance with the rate of contribution applicable to the member under Retirement Plan D, based upon his or her entry age, and in the same manner prescribed under Retirement Plan D as if that plan had been in effect during the period for which the member shall receive service credit, and (2) the regular interest thereon. -(2) For the purposes of this subdivision, a member’s entry age shall be deemed to be the member’s age at his or her birthday nearest the date on which begins the most recent period of unbroken service credited under Retirement Plan D following completion of the service exchange under this subdivision. A member may receive credit for a period of service under only one plan and in no event shall a member receive credit for the same period of service under both Retirement Plan D and Retirement Plan E. -(3) A member who fails to complete the purchase of service as required under this subdivision shall be treated as completing an exchange of service under Retirement Plan E for an equivalent amount of service under Retirement Plan D only with regard to the service that actually has been purchased through completed deposit with the retirement fund of the requisite purchase amount, calculated in accordance with this subdivision. -(d) Except as otherwise provided in this section, effective as of the transfer date, a member who has transferred to Retirement Plan D pursuant to this section and his or her survivors or beneficiaries shall receive retirement, disability, survivors’, death, or other benefits that shall consist of: (1) the benefits to which they are entitled under the terms of Retirement Plan D, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan D, and (2) the benefits to which they would have been entitled under the terms of Retirement Plan E had the member remained a member of Retirement Plan E, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan E. Except as otherwise provided in this section, the calculation of the portion of a member’s or beneficiary’s benefit that is attributable to each plan is subject to that plan’s respective, separate terms, including, but not limited to, the definitions of “final compensation” and provisions establishing cost-of-living adjustments, establishing minimum age and service requirements, and governing integration with federal social security payments. Notwithstanding the foregoing, the aggregate service credited under both Retirement Plan D and Retirement Plan E shall be taken into account for the purpose of determining eligibility for, and vesting of, benefits under each plan. -(e) Notwithstanding any other provision of Retirement Plan D or Retirement Plan E, a member who transfers into Retirement Plan D under this section may retire for service-connected or nonservice-connected disability and receive disability benefits under Retirement Plan D only if he or she has either (1) completed two continuous years of active service after his or her most recent transfer date, or (2) earned five years of retirement service credit under Retirement Plan D after his or her most recent transfer date. Notwithstanding any other provision to the contrary, a member who becomes disabled and does not meet either of these conditions (1) may apply for and receive only a deferred or service retirement allowance, or (2) may elect to transfer prospectively back to Retirement Plan E, and for the purposes of calculating his or her retirement benefits under this section, shall in lieu of credit under Retirement Plan D be credited with service under Retirement Plan E as provided under subdivision (g) of Section 31488 during any period he or she is totally disabled and is receiving, or eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer up to the earlier of the date he or she retires or no longer qualifies for disability benefits. If a member dies before he or she is eligible to retire and before completing either two continuous years of active service after the transfer date into Retirement Plan D or after earning five years of retirement service credit under Retirement Plan D after that transfer date, that member’s beneficiary shall not be entitled to the survivor allowance under Section 31781.1 or 31781.12, if operative. -(f) Notwithstanding any other provisions of Retirement Plan D or Retirement Plan E, a member who has transferred to Retirement Plan D pursuant to this section and who retires for disability when eligible under this section and Retirement Plan D, may not also retire for service and receive service retirement benefits under Retirement Plan E. However, for the purpose of calculating disability benefits under Retirement Plan D, the “sum to which he or she would be entitled as service retirement” or his or her “service retirement allowance,” as those terms are used in Sections 31726, 31726.5, and 31727.4, shall consist of the blended benefit to which the member would be entitled under subdivision (d) if he or she retired for service, not just the service retirement benefit to which he or she would be entitled under Retirement Plan D. -(g) As used in this section: -(1) “Active service” means time spent on active, on-the-job performance of the duties of a full-time or part-time position and on any authorized paid leaves of absence; provided, however, that any authorized paid leave of absence or part-time service shall not constitute active service if the leave of absence or part-time service is necessitated by a preexisting disability, injury, or disease. The board of retirement shall determine whether or not a leave of absence or part-time service is necessitated by a preexisting disability, injury, or disease, and thus excluded from the member’s active service, based upon evidence presented by the employer and the member upon request by the board. -(2) “Entry age” means the age used for calculating the normal rate of contribution to Retirement Plan D with respect to a member who has transferred membership to Retirement Plan D under this section. -(3) “Period of active employment” means a period during which the member is actively performing the duties of a full-time or part-time employee position or is on any authorized paid leave of absence, except a leave of absence during which the member is totally disabled and is receiving, or is eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer. -(4) “Retirement Plan D” means the contributory retirement plan otherwise available to members of the system between June 1, 1979, and December 31, 2012, inclusive. -(5) “Retirement Plan E” means the noncontributory retirement plan established under this article. -(6) “Transfer date” means the first day of the first month that is at least 30 days after the date that the application is filed with the board to change plan membership under subdivision (a). -(h) This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county. -SEC. 3. -Section 31495.7 is added to the Government Code, to read: -31495.7. -Section 31835.1 applies to a member eligible to retire at 55 years of age pursuant to Section 31491. This section is declaratory of existing law. -SEC. 4. -Section 31520.6 is added to the Government Code, to read: -31520.6. -Notwithstanding any provision to the contrary in Section 31520.3 or 31520.5, in any county in which there is an alternate retired member, if the eighth member is present, the alternate retired member may also vote as a member of the board in the event both the second and third, or both the second and seventh, or both the third and seventh members are absent for any cause. -SEC. 5. -Section 31526 of the Government Code is amended to read: -31526. -The regulations shall include provisions: -(a) For the election of officers, their terms, meetings, and all other matters relating to the administrative procedure of the board. -(b) For one of the following: -(1) The filing of a sworn statement by every person who is or becomes a member, showing date of birth, nature and duration of employment with the county, compensation received, and other information as is required by the board. -(2) In lieu of a sworn statement, the submission by the member’s employer to the retirement association of the information otherwise required in paragraph (1), in a form determined by the retirement association. -(c) For forms of annuity certificates and other forms as required.","The County Employees Retirement Law of 1937 (CERL) establishes retirement plans, known as Retirement Plan D and Retirement Plan E, that are applicable in the retirement system in Los Angeles County and prescribes procedures for members to transfer between those plans. CERL defines “Retirement Plan E” to mean the noncontributory retirement plan established by specific provisions, and defines “Retirement Plan D” to mean the contributory retirement plan otherwise available to new members of the retirement system on the transfer date. -This bill would revise the definition of Retirement Plan D to, instead, refer to the contributory retirement plan otherwise available to members of the system between June 1, 1979, and December 31, 2012, inclusive. -CERL provides for the retirement system in Los Angeles County specific ages and pension allowances for normal and early retirement. Under CERL, a member of a CERL retirement system who is eligible to retire at 50 years of age pursuant to specified statute, or who is required to retire because of age while a member of the Public Employees’ Retirement System (PERS), a CERL retirement system in another county, the State Teachers’ Retirement System (STRS), or a retirement system of any other public agency of the state that has established reciprocity with PERS subject to certain conditions, but who cannot retire concurrently from PERS, a CERL retirement system in another county, STRS, or a retirement system of any other public agency of the state that has established reciprocity with PERS subject to certain conditions, is entitled to have final compensation and service determined under specific statutes as if the member had retired concurrently under that other system (concurrent retirement exception). Provisions of CERL specifically applicable to Los Angeles County, among other things, apply reciprocal benefits, including the concurrent retirement exception, to the retirement system in Los Angeles County. -This bill would amend provisions of CERL specifically applicable to Los Angeles County to provide that the concurrent retirement exception applies to a member of the retirement system in Los Angeles County eligible to retire at 55 years of age and would state that the amendment is declaratory of existing law. -CERL sets forth the membership composition for boards of retirement, as specified. Under that law, the retirement board in specified counties is comprised of 9 members and an alternate member, as specified. That law also authorizes specified counties to appoint an alternate retired member to the office of the 8th member of the board and authorizes the alternate retired member to vote as a member of the board only in the event the 8th member is absent from a board meeting for any cause. -This bill would additionally authorize the alternate retired member to vote as a member of the board if the 8th member is present and both the 2nd and 3rd, both the 2nd and 7th, or both the 3rd and 7th members are absent for any cause. -Under CERL, except as specified, the management of a retirement system is vested in the board of retirement. CERL authorizes such a board to make regulations not inconsistent with that law, and requires that the regulations include specific provisions, including provisions for the filing of a sworn statement by every person who is or becomes a member, showing date of birth, nature and duration of employment with the county, compensation received, and other information as is required by the board. -This bill would authorize those regulations, in lieu of a sworn statement, to provide for the submission by a member’s employer to the retirement association of the information otherwise required in a sworn statement, in a form determined by the retirement association.","An act to amend Sections 31494.2, 31494.5, and 31526 of, and to add Sections 31495.7 and 31520.6 to, the Government Code, relating to county employees’ retirement." -1095,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 15.8 (commencing with Section 67395) is added to Part 40 of Division 5 of Title 3 of the Education Code, to read: -CHAPTER 15.8. Autism Employment and Education Act -67395. -(a) This chapter shall be known, and may be cited, as the Autism Employment and Education Act. -(b) The Legislature finds and declares all of the following: -(1) Autism spectrum disorder (ASD) is a lifelong neurological condition estimated to affect as many as one in 88 children. It is now the most common neurological disorder affecting children and one of the most common developmental disabilities. -(2) Many individuals living with ASD will need some level of support over the course of their lives. In cases where adolescents and adults with severe autism are placed into long-term care or other supported housing arrangements, the annual cost of housing, which includes caregiver time, can be four hundred dollars ($400) per day, or approximately one hundred fifty thousand dollars ($150,000) a year. -(3) It is estimated that the lifetime per capita incremental societal cost of ASD is three million two hundred thousand dollars ($3,200,000) per individual or approximately fifty thousand seven hundred ninety-three dollars ($50,793) per year on average. -(4) As of February 2016, Taft Community College is the only occupational and living skills residential program of its kind offered in California, and the program is currently unable to meet the needs of students who apply. The program has been in existence for nearly 20 years and receives the majority of its funding from regional centers in California. More than 80 percent of its graduates are employed by the end of the second year of post graduation services. -(5) According to Disability Planning Data for Riverside County, 10.5 percent of people (about 120,000 people) 21 to 64 years of age have some type of a disability. Of this number, 37 percent are employed, but this data does not indicate whether they are employed full time or part time. -(6) According to a report published in April 2012 by the Autism Society of California, “The majority of transition aged families (98 percent) believed that current adult programs are not going to meet their loved-one’s needs.” Additional findings from this report indicated that only 5 percent of people with ASD graduated from college with a bachelor’s degree and only 3 percent graduated with a master’s or an associate degree. About 12 percent of students with ASD go to college and do not succeed; this is lower than the national average of 14 percent. The number of people with ASD in California remaining at home and not participating in any type of postsecondary educational program is on the rise, going from 13 percent in 2009 to 18 percent in 2012. -(7) According to the Department of Labor Statistics, the unemployment rate for individuals with disabilities is 78.5 percent. -(8) Mandated services provided through the federal Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) end upon completion of high school, yet 60 percent of lifetime costs occur in adulthood. According to the Autism Society, there is a significant disparity in the need for, and the availability of, publicly funded long-term services and supports for people with disabilities. This disparity results in waiting lists estimated to range from 80,000 to 200,000 people nationwide. -(9) It is the intent of the Legislature that implementing a residential, occupational, and living skills program for students with mental disabilities, including autism, will accomplish all of the following objectives: -(A) The program will increase the rate of employment of students with mental disabilities from its current level of around 25 percent to 85 percent. -(B) The program will be a more affordable alternative for families than adult day treatment programs, which may cost nearly twice as much. -(C) The program will enable participating students to live independently, to learn the life skills necessary to become lifelong productive members of their local communities in California, and to not need to relocate out of state in order to receive affordable services. -(D) The program will provide students with mental disabilities a more coordinated continuity of care by incorporating all of their living skills, occupational, social, and recreational development needs into one program. -67395.5. -(a) The Autism Employment and Education Program is hereby established to develop and implement a residential, occupational, and living skills program at each participating community college and California State University campus to help students with mental disabilities, including autism, live independently, obtain employment, and become otherwise self-sufficient after they graduate or withdraw from the campus. -(b) The Autism Employment and Education Fund is hereby established in the State Treasury for purposes of this chapter. The moneys in the fund shall be available, upon appropriation by the Legislature, to the Board of Governors of the California Community Colleges and the Trustees of the California State University for the implementation and administration of this chapter. -(c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall develop and implement both of the following: -(1) A residential, occupational, and living skills program at each participating college or university, as applicable, to help students with mental disabilities, including autism, live independently, obtain employment, and become otherwise self-sufficient after they graduate or withdraw from the college or university. -(2) Administrative guidelines and other requirements for purposes of developing, implementing, and administering the program described in paragraph (1). -67395.7. -This chapter shall only become operative upon appropriation in the annual Budget Act for the implementation and administration of this chapter.","Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as 2 of the segments of public postsecondary education in this state. Existing law states the intent of the Legislature that the public postsecondary institutions request, and the state provide, through the state budget process, funds to cover the actual cost of providing services and instruction, consistent with specified principles, to disabled students in their respective postsecondary institutions. -This bill would establish the Autism Employment and Education Program, which would establish a residential, occupational, and living skills program at each participating community college and California State University campus to help students with mental disabilities, including autism, live independently, obtain employment, and become otherwise self-sufficient after they graduate or withdraw from the college or university. The bill would establish the Autism Employment and Education Fund in the State Treasury and allocate moneys in the fund, upon appropriation by the Legislature, to the board of governors and the trustees for the development, implementation, and administration of the program. The bill would only become operative upon appropriation by the Legislature for the implementation and administration of the program.","An act to add Chapter 15.8 (commencing with Section 67395) to Part 40 of Division 5 of Title 3 of the Education Code, relating to public postsecondary education." -1096,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19320 of the Business and Professions Code is amended to read: -19320. -(a) All commercial cannabis activity shall be conducted between licensees, except as otherwise provided in this chapter. -(b) Licensing authorities administering this chapter may issue state licenses only to qualified applicants engaging in commercial cannabis activity pursuant to this chapter. One year after the Bureau of Medical Cannabis Regulation posts a notice on its Internet Web site that the licensing authorities have commenced issuing licenses, no person shall engage in commercial cannabis activity without possessing both a state license and a local permit, license, or other authorization. An entity seeking licensure pursuant to this chapter shall obtain a local license, permit, or other authorization prior to applying for state licensure. State licensing entities shall not issue a license to any applicant that is unable to provide documentation confirming authorization to operate from the local government in which the applicant proposes to operate. A licensee shall not commence activity under the authority of a state license until the applicant has obtained, in addition to the state license, a local license, permit, or other authorization from the local jurisdiction in which he or she proposes to operate, following the requirements of the applicable local ordinance. -(c) Each licensee shall obtain a separate license for each location where it engages in commercial medical cannabis activity. However, transporters only need to obtain licenses for each physical location where the licensee conducts business while not in transport or where any equipment that is not currently transporting medical cannabis or medical cannabis products permanently resides. -(d) Revocation of a local license, permit, or other required authorization shall terminate the ability of a medical cannabis business to operate within that local jurisdiction until the local jurisdiction reinstates or reissues the local license, permit, or other authorization. Local authorities shall notify the bureau upon revocation of a local license, permit, or other authorization. The bureau shall inform relevant licensing authorities. -(e) Revocation of a state license shall terminate the ability of a medical cannabis licensee to operate within California until the licensing authority reinstates or reissues the state license. -(f) In addition to the provisions of this chapter, local jurisdictions retain the power to assess fees and taxes, as applicable, on facilities that are licensed pursuant to this chapter and the business activities of those licensees. -(g) Nothing in this chapter shall be construed to supersede or limit state agencies, including the Department of Food and Agriculture, the State Water Resources Control Board, and the Department of Fish and Wildlife, from establishing fees to support their medical cannabis regulatory programs. -(h) (1) Notwithstanding any other provision of this chapter: -(A) With regard to commercial cannabis activity in the City of Los Angeles, the licensing authorities shall not require a local license, permit, or other authorization and shall issue a state license to engage in commercial cannabis activity only if the licensing authorities determine the applicant satisfies all of the requirements of this act and demonstrates that it meets all of the following criteria established by Measure D, approved by the voters of the City of Los Angeles at the May 21, 2013, general election: -(i) The applicant was operating in the City of Los Angeles as a medical marijuana business by September 14, 2007, as evidenced by a business tax registration certificate issued by the City of Los Angeles on or before November 13, 2007. -(ii) The applicant registered with the City of Los Angeles city clerk by November 13, 2007, in accordance with all of the requirements of the City of Los Angeles’ Interim Control Ordinance. -(iii) The applicant obtained a City of Los Angeles business tax registration for taxation as a medical marijuana collective (class L050). -(B) A state license issued pursuant to this paragraph for commercial cannabis activity shall have the same force and effect and shall confer the same benefits and responsibilities as licenses issued to licensees outside the City of Los Angeles that obtain a license, permit, or other authorization from the local jurisdiction. -(C) The determination of the licensing authority that an applicant for a state license meets the criteria listed in subparagraph (A) shall be based on a written or electronic notification provided to the licensing authority by the City of Los Angeles that the applicant has met the criteria. If the City of Los Angeles does not provide written or electronic notification to the licensing authority confirming an applicant has met the criteria, the licensing authority shall not issue a state license. -(2) Notwithstanding paragraph (1), if the voters of Los Angeles approve an initiative, after January 1, 2016, but prior to the time that the State of California begins issuing state licenses, that authorizes the City of Los Angeles to issue local licenses to medical marijuana businesses in Los Angeles, the exemption for local licensing in Los Angeles as set forth in paragraph (1) shall be superseded by the local licensing requirements as enacted by that initiative.","Existing law, the Medical Cannabis Regulation and Safety Act (MCRSA), provides for the licensure and regulation of medical cannabis and requires all commercial cannabis activity to be conducted between licensees. Existing law establishes the Bureau of Medical Cannabis Regulation within the Department of Consumer Affairs. Existing law authorizes licensing authorities to only issue state licenses to qualified applicants. Existing law, upon the date of implementation of regulations by the licensing authority, prohibits a person from engaging in commercial cannabis activity without possessing both a state license and a local permit, license, or other authorization. -This bill would instead prohibit a person from engaging in commercial cannabis activity without possessing both a state license and a local permit, license, or other authorization one year after the bureau posts a notice on its Internet Web site that the licensing authorities have commenced issuing licenses. The bill would also, with regard to commercial cannabis activity in the City of Los Angeles, prohibit licensing authorities from requiring a local license, permit, or other authorization, and would require the issuance of a state license, if the authorities determine, as specified, that the applicant meets all of the requirements of MCRSA and specified criteria relating to Measure D, which was approved by the voters of the City of Los Angeles at the May 21, 2013, general election. The bill would further provide that a license issued pursuant to the above provision has the same force and effect, and confers the same benefits and responsibilities, as licenses issued to licensees not subject to the above-described exception. The bill would require the exemption to the local licensing requirement provided by these provisions to be superseded by a subsequent initiative authorizing the City of Los Angeles to issue local licenses to medical marijuana businesses in the city if the voters of Los Angeles approve the initiative prior to the time the State of California begins issuing state licenses.","An act to amend Section 19320 of the Business and Professions Code, relating to marijuana." -1097,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 66602 of the Education Code is amended to read: -66602. -(a) The board shall be composed of the following five ex officio members: the Governor, the Lieutenant Governor, the Superintendent of Public Instruction, the Speaker of the Assembly, and the person named by the trustees to serve as the Chancellor of the California State University; a representative of the alumni associations of the state university, selected for a two-year term by the alumni council, California State University, which representative shall not be an employee of the California State University during the two-year term; and 16 members appointed by the Governor and subject to confirmation by two-thirds of the membership of the Senate. -(b) (1) Two students from the California State University, who shall have at least sophomore year standing at the institutions they attend, and who remain in good standing as students during their respective terms, shall also be appointed by the Governor to serve on the board for two-year terms. -(2) In the selection of students as members of the board, the Governor shall appoint the students from lists of names of at least two, but not more than five, persons furnished by the governing board of any statewide student organization that represents the students of the California State University and the student body organizations of the campuses of the California State University. Any appointment to fill a vacancy of a student member shall be effective only for the remainder of the term of the student member’s office that became vacated. -(3) The term of office of one student member of the board shall commence on July 1 of an even-numbered year and expire on June 30 two years thereafter. The term of office of the other student member of the board shall commence on July 1 of an odd-numbered year and expire on June 30 two years thereafter. Notwithstanding paragraph (1), a student member who graduates from his or her college or university on or after January 1 of the second year of his or her term of office may serve the remainder of the term. -(4) (A) During the first year of a student member’s term, a student member shall be a member of the board and may attend all meetings of the board and its committees. At these meetings, a student member may fully participate in discussion and debate, but may not vote. During the second year of a student member’s term, a student member may exercise the same right to attend meetings of the board, and its committees, and shall have the same right to vote as the members appointed pursuant to subdivision (a). -(B) Notwithstanding subparagraph (A), during the first year of a student member’s term, the student member may vote at a board meeting if the other student member is absent from that meeting due to illness, a family emergency, or a medical emergency. -(5) Notwithstanding paragraph (4), if a student member resigns from office or a vacancy is otherwise created in that office during the second year of a student member’s term, the remaining student member shall immediately assume the office created by the vacancy and all of the participation privileges of the second-year student member, including the right to vote, for the remainder of that term of office. -(6) A student member shall have his or her tuition fee waived for the duration of his or her term of office. -(c) (1) A faculty member from the California State University, who shall be tenured at the California State University campus at which he or she teaches, shall also be appointed by the Governor to serve on the board for a two-year term. In the selection of a faculty member as a member of the board, the Governor shall appoint the faculty member from a list of names of at least two persons furnished by the Academic Senate of the California State University. -(2) The faculty member of the board appointed by the Governor pursuant to this subdivision shall not participate on any subcommittee of the board responsible for collective bargaining negotiations. -(3) The two-year term of office of the faculty member of the board shall commence on July 1, and, if the Governor has not appointed a successor under paragraph (1), the faculty member may remain in office after the term expires for one additional year, or until a successor is appointed by the Governor, whichever occurs first. -(d) (1) (A) One of the 16 appointive members of the board referenced in subdivision (a) shall be a permanent nonfaculty employee, who is not in a management personnel plan, a confidential classification, or an excluded classification. An independent systemwide staff council, that is formed solely for this purpose and consists of permanent employees who are not management personnel and who are not in confidential or excluded classifications, shall provide a list of two nominees for the Governor’s consideration, and the Governor shall appoint one of these nominees to fill a vacancy in an appointive position on the board. This appointive position on the board shall thereafter be filled only by permanent nonfaculty employees appointed in accordance with this subdivision. -(B) The employee organizations of permanent nonfaculty employees of the California State University shall fund the systemwide staff council to be established pursuant to this paragraph. -(2) The permanent nonfaculty employee member of the board appointed pursuant to this subdivision shall not participate on any subcommittee of the board responsible for collective bargaining negotiations. -(3) The permanent nonfaculty employee member of the board appointed pursuant to this subdivision shall receive compensation for board service only as authorized pursuant to Section 66604.5.","Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University. Existing law provides for the membership of the Trustees of the California State University to include 5 specified ex officio members, 16 members appointed by the Governor and subject to confirmation by the Senate, one representative of the alumni associations, 2 student members appointed by the Governor, and a faculty member appointed by the Governor. -This bill would require the Governor to appoint a permanent nonfaculty employee of the university as one of the 16 appointive members of the board, as specified. The bill would require a systemwide staff council, as specified, to provide to the Governor a list of 2 nominees for the Governor’s consideration, and would require the Governor to appoint one of the nominees to fill a vacancy in an appointive position on the board. The bill would require that this appointive position on the board thereafter be filled only by permanent nonfaculty employees appointed in accordance with this bill. The bill would provide that the permanent nonfaculty employee member of the board shall receive for board service only actual and necessary travel expenses and $100 for each day he or she is attending to official business of the trustees.","An act to amend Section 66602 of the Education Code, relating to postsecondary education." -1098,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 7 (commencing with Section 34390) is added to Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, to read: -Article 7. Department of Housing and Community Development Report to the Legislature -34390. -(a) For purposes of this section: -(1) “Department” shall refer to “The Department of Housing and Community Development.” -(2) “Agency” shall refer to “California Housing Finance Agency.” -(b) The department, in conjunction with the agency, shall report to the Legislature, no later than January 1, 2018, on ways to increase homeownership for extremely low, very low, and low-income households. In preparing this report, the department and the agency shall develop a survey to gather information, including, but not limited to, the following: -(1) The number of housing authorities in California, and the number of single-family properties owned by housing authorities that are available for lease to extremely low, very low, and low-income families. -(2) The number of single-family homes owned by housing authorities in the last five years that were converted to ownership, and the names and descriptions of the programs through which the conversions were made. -(3) The number of single-family homes that were purchased by housing authorities using the federal Neighborhood Stabilization Program (NSP) funding. -(4) The number of housing authorities that have a Section 32 Homeownership Plan through the United States Department of Housing and Urban Development. -(5) The number of housing authorities that administer the federal Family Self-Sufficiency Program. -(c) The department and the agency shall work with any applicable association that represents housing authorities in California, in order to obtain a successful response rate to the survey described in subdivision (b) in order to capture the most accurate information. -(d) The report required by subdivision (b) shall also identify the following: -(1) Barriers or impediments to transitioning into homeownership for extremely low, very low, and low-income people. -(2) Using several case studies of local housing authorities with successful homeownership programs, potential best practices for other housing authorities to follow. -(3) Strategies to target extremely low, very low, and low-income people for homeownership programs. -(4) Funding programs for homeownership and other opportunities to help transition low and very-low income people to homeownership. -(e) (1) The report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. -(2) Pursuant to Section 10231.5 of the Government Code, this article is repealed on January 1, 2022. -SECTION 1. -Article 13 (commencing with Section 50295) is added to Chapter 1 of Part 1 of Division 1 of Title 5 of the -Government Code -, to read: -13. -Pathway To Home Ownership -50295. -(a)As used in this section the following terms have the following meanings: -(1)“Local government agency” means a city or county, including a charter city, charter county, or charter city and county, or any agency, authority, or department thereof. -(2)“Purchaser” means the tenant of a single family residence owned by a local government agency that utilizes the program to purchase a single-family residence. -(3)“Single-family residence” means a real property improvement used, or intended to be used, as a dwelling unit for one family. -(b)On or before January 1, 2018, each local government agency that owns and leases any single-family residence shall create a mortgage program that meets the following requirements: -(1)Allocates 10 percent of all single family residences that the local government agency owns and leases to become eligible for purchase by tenants of the single family residence. -(2)Provides a mortgage to eligible tenants of single family residences that allows those tenants to purchase the single-family residence they are presently leasing. -(3)Offers a required informational session for interested tenants to attend prior to purchase of a single-family residence through the program. The session shall educate potential purchasers on their legal rights and obligations in purchasing a property through the program. -(4)Requires a valuation by the county assessor of any property being purchased through the program. -(5)Offers a wait list for persons interested in purchasing a property through the program if the local government agency has already met the 10-percent threshold with properties in the process of being purchased. -(c)The local government agency shall adopt regulations for the administration of the mortgage program that shall include, but are not limited to, the following: -(1)Mortgage eligibility requirements that are limited to tenants that qualify as extremely low income households, as defined by Section 50106 of the Health and Safety Code, very low income households, as defined by Section 50105 of the Health and Safety Code, lower income households, as defined by Section 50079.5 of the Health and Safety Code, or persons and families of low or moderate income. -(2)(A)The maximum length of the mortgage, which shall not exceed 30 years. Except as provided in subparagraph (B), the monthly payment paid by a purchaser, including principal, interest, insurance, property taxes and other property-related assessments and taxes, and any required mortgage insurance, amortized over the term of the mortgage, shall not exceed the amount the purchaser previously paid as a tenant for occupancy in the property. -(B)A local government agency may reduce the payment requirements for purchasers with extremely low income, as necessary. -(3)The local government agency may decline to offer use of the program to a prospective purchaser if it determines that the purchaser would not be able to consistently make on-time payments. A prospective purchaser shall be permitted to reapply at a later date if the local government agency declines to offer the prospective purchaser use of the program. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Housing Authorities Law, declares that providing safe and sanitary dwelling accommodations for persons of low income is a public use and purpose for which public money may be spent and private property acquired, and is a governmental function of state concern. Existing law establishes procedures by which a local government may create or authorize a local housing authority to operate within it for this purpose. Existing law authorizes those housing authorities to convey surplus lands, as specified, for the development of homes for ownership by persons and families of low or moderate income. Existing law requires every local housing authority within a county or city to file on the first day of October of each year with the Department of Housing and Community Development a complete report of its activities during the previous fiscal year, with specified recommendations. -This bill would require the department, in conjunction with the California Housing Finance Agency to report, no later than January 1, 2018, on ways to increase homeownership for extremely low, very low, and low-income households. The bill would require the department and the agency to carry out and include in the report a survey of housing authorities in California, as specified. -Existing law declares the intent of the Legislature to preserve, upgrade, and expand the supply of housing to persons and families of low or moderate income, through the sale of specified surplus residential property owned by public agencies. Existing law establishes priorities and procedures that any state agency disposing of that surplus residential property is required to follow. -This bill, on or before January 1, 2018, would require every local government agency, as defined, to adopt a mortgage program that, among other things, allocates 10% of all single-family residences that the local government agency owns and leases to become eligible for purchase by tenants presently occupying the single–family residence. The bill would require each local government agency to adopt regulations for the administration of the program that include, among other things, eligibility requirements that limit the program to use by persons with extremely low income households, very low income households, lower income households, or persons and families of low or moderate income. By imposing new duties on local government agencies, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add -and repeal -Article -13 (commencing with Section 50295) to -7 (commencing with Section 34390) of -Chapter 1 of Part -1 of Division 1 of Title 5 of the Government -2 of Division 24 of the Health and Safety -Code, relating to -local government. -housing." -1099,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1179 of the Welfare and Institutions Code is amended to read: -1179. -(a) -All persons -Each person -honorably discharged from control of the -Youth Authority Board -Department of Corrections and Rehabilitation, Division of Juvenile Justice by the Board of Parole Hearings, Juvenile Division, or from the control of the county probation department by the juvenile court -shall thereafter be released from all penalties or disabilities resulting from the offenses for which they were committed, including, but not limited to, any disqualification for any employment or occupational license, or both, created by any other -provision of -law. However, that -a -person -shall -is -not -be -eligible for appointment as a peace officer employed by any public agency if his or her appointment -would -is -otherwise -be -prohibited by Section 1029 of the Government Code. -(b) Notwithstanding -the provisions of -subdivision (a), -that -a -person may be appointed and employed as a peace officer by the Department of -the Youth Authority -Corrections and Rehabilitation, Division of Juvenile Justice -if (1) at least five years have passed since his or her honorable discharge, and the person has had no misdemeanor or felony convictions except for traffic misdemeanors since he or she was honorably discharged by the board -or the juvenile court -, or (2) the person was employed as a peace officer by the -department -Division of Juvenile Justice -on or before January 1, 1983. -No -A -person who is under the jurisdiction of the -department -Division of Juvenile Justice or county probation department -shall -not -be admitted to an examination for a peace officer position with the -department -Division of Juvenile Justice -unless and until the person has been honorably discharged from the jurisdiction of the -department by the Youth Authority Board. -Division of Juvenile Justice or county probation department pursuant to subdivision (a). -(c) -Upon -In the case of a person discharged from the control of the Department of Corrections and Rehabilitation, Division of Juvenile Justice by the Board of Parole Hearings, upon -the final discharge or dismissal of -any such -the -person, the -Department of the Youth Authority -department -shall immediately certify the discharge or dismissal in writing, and shall transmit the certificate to the court by which the person was committed. The court shall thereupon dismiss the accusation and the action pending against that person. -SEC. 2. -Section 1772 of the Welfare and Institutions Code is amended to read: -1772. -(a) Subject to subdivision (b), every person honorably discharged from control -of the Department of Corrections and Rehabilitation, Division of Juvenile Justice -by the -Youth Authority Board -Board of Parole Hearings, Juvenile Division or from the control of the county probation department by the juvenile court -who has not, during the period of control by the -authority -Division of Juvenile Justice or county probation department -, been placed by the -authority -Board of Parole Hearings, Juvenile Division or county probation department -in a state prison shall thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed, and every person discharged may petition the court which committed him or her, and the court may upon that petition set aside the verdict of guilty and dismiss the accusation or information against the petitioner who shall thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed, including, but not limited to, any disqualification for any employment or occupational license, or both, created by any other provision of law. -(b) Notwithstanding subdivision (a) -, all of the following shall apply -: -(1) A person described by subdivision (a) shall not be eligible for appointment as a peace officer employed by any public agency if his or her appointment would otherwise be prohibited by Section 1029 of the Government Code. However, that person may be appointed and employed as a peace officer by the Department of -the Youth Authority -Corrections and Rehabilitation, Division of Juvenile Justice -if (A) at least five years have passed since his or her honorable discharge, and the person has had no misdemeanor or felony convictions except for traffic misdemeanors since he or she was honorably discharged by the -Youth Authority Board -board or by a juvenile court -, or (B) the person was employed as a peace officer by the -Department of the Youth Authority -Division of Juvenile Justice -on or before January 1, 1983. -No -A -person who is under the jurisdiction of the -Department of the Youth Authority -Division of Juvenile Justice or county probation department -shall -not -be admitted to an examination for a peace officer position with the -department -Division of Juvenile Justice -unless and until the person has been honorably discharged from the jurisdiction of the -Youth Authority Board. -Division of Juvenile Justice or county probation department pursuant to subdivision (a). -(2) A person described by subdivision (a) is subject to Chapter 2 (commencing with Section 29800) and Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of the Penal Code. -(3) The conviction of a person described by subdivision (a) for an offense listed in subdivision (b) of Section 707 is admissible in a subsequent criminal, juvenile, or civil proceeding if otherwise admissible, if all the following are true: -(A) The person was 16 years of age or older at the time he or she committed the offense. -(B) The person was found unfit to be dealt with under the juvenile court law pursuant to Section 707 because he or she was alleged to have committed an offense listed in subdivision (b) of Section 707. -(C) The person was tried as an adult and convicted of an offense listed in subdivision (b) of Section 707. -(D) The person was committed to the Department of -the Youth Authority -Corrections and Rehabilitation, Division of Juvenile Justice -for the offense referred to in subparagraph (C). -(4) The conviction of a person described by subdivision (a) may be used to enhance the punishment for a subsequent offense. -(5) The conviction of a person who is 18 years of age or older at the time he or she committed the offense is admissible in a subsequent civil, criminal, or juvenile proceeding, if otherwise admissible pursuant to law. -(c) Every person discharged from control by the -Youth Authority Board -Board of Parole Hearings, Juvenile Division or from the county probation department by the juvenile court -shall be informed of the provisions of this section in writing at the time of discharge. -(d) “Honorably discharged” as used in this section means and includes every person whose discharge is based upon a good record on -parole -supervised release -.","Existing law requires that all persons honorably discharged from the control of the Department of Corrections and Rehabilitations, Division of Juvenile Justice, to thereafter be released from all penalties or disabilities resulting from the offense for which they were committed. Existing law separately requires that every person discharged from the control of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, who has not, during the period of control, been placed in a state prison, to thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed. -This bill would require all persons honorably discharged from the control of the Department of Corrections and Rehabilitation, Division of Juvenile Justice by the Board of Parole Hearings, Juvenile Division or from the control of the county probation department by the juvenile court to be released from all penalties or disabilities resulting from the offense for which they were committed. The bill would require that each person honorably discharged from the control of the Department of Corrections and Rehabilitation, Division of Juvenile Justice by the Board of Parole Hearings, Juvenile Division, and each person discharged from the control of the county probation department by the juvenile court who has not, during the period of control, been placed in a state prison, to thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed.","An act to amend Sections 1179 and 1772 of the Welfare and Institutions Code, relating to juveniles." -1100,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 44559.11 of the Health and Safety Code is amended to read: -44559.11. -(a) It is the intent of the Legislature to ensure that the state, through the authority, may make maximum, efficient use of capital access programs enacted by all federal and state agencies, as well as funding available from any governmental program whose goals may be advanced by providing funding to the Capital Access Loan Program. -(b) In furtherance of this intent, and notwithstanding any other provision of this article, when the contributions required pursuant to Section 44559.4 are entirely funded by a -source -public or quasi-public entity -other than the -authority, -authority’s fee revenue under Sections 44525 and 44548, -the authority may, by regulation adopted pursuant to subdivision (b) of Section -44520, -44520 or subdivision (e) of Section 44559.14, -establish alternate provisions as necessary to enable the authority to participate in the alternative funding source -program. -program, including implementing loan loss reserve programs to benefit any individual person engaged in qualifying activities in furtherance of the public or quasi-public entity’s policy objectives in the state that require financing. -SEC. 2. -Section 44559.14 is added to the Health and Safety Code, to read: -44559.14. -(a) (1) It is the intent of the Legislature in enacting the act adding this section to create and fund a program to assist residential property owners and small business owners in seismically retrofitting residences and small businesses. It is not the intent of the Legislature to assist the physical expansion of small businesses and residences. -(2) The Legislature hereby establishes the California Seismic Safety Capital Access Loan Program. The program shall cover losses on qualified loans by participating lenders to qualified residential property owners or qualified small businesses for eligible projects, as specified under this section. The program shall be administered by the California Pollution Control Financing Authority and follow the terms and conditions for the Capital Access Loan Program in this article with the additional program requirements specified under this section. -(b) For purposes of this section, unless the context requires otherwise, the following words and terms shall have the following meanings: -(1) “Seismic retrofit construction” means alteration performed on or after January 1, 2017, of a qualified building or its components to substantially mitigate seismic damage. “Seismic retrofit construction” includes, but is not limited to, all of the following: -(A) Anchoring the structure to the foundation. -(B) Bracing cripple walls. -(C) Bracing hot water heaters. -(D) Installing automatic gas shutoff valves. -(E) Repairing or reinforcing the foundation to improve the integrity of the foundation against seismic damage. -(F) Anchoring fuel storage. -(G) Installing an earthquake-resistant bracing system for mobilehomes that are registered with the Department of Housing and Community Development. -(2) “Eligible costs” means the costs paid or incurred on or after January 1, 2017, for an eligible project, including any engineering or architectural design work necessary to permit or complete the eligible project less the amount of any grant provided by a public entity for the eligible project. “Eligible costs” do not include costs paid or incurred for any of the following: -(A) Maintenance, including abatement of deferred or inadequate maintenance, and correction of violations unrelated to the seismic retrofit construction. -(B) Repair, including repair of earthquake damage. -(C) Seismic retrofit construction required by local building codes as a result of addition, repair, building relocation, or change of use or occupancy. -(D) Other work or improvement required by local building or planning codes as a result of the intended seismic retrofit construction. -(E) Rent reductions or other associated compensation, compliance actions, or other related coordination involving the qualified residential property owner or qualified small business and any other party, including a tenant, insurer, or lender. -(F) Replacement of existing building components, including equipment, except as needed to complete the seismic retrofit construction. -(G) Bracing or securing nonpermanent building contents. -(H) The offset of costs, reimbursements, or other costs transferred from the qualified residential property owner or qualified small business to others. -(3) “Eligible project” means seismic retrofit construction that is necessary to ensure that the qualified building is capable of substantially mitigating seismic damage, and the financing necessary to pay eligible costs of the project. -(4) “Qualified building” means a building that is certified by the appropriate local building code enforcement authority for the jurisdiction in which the building is located as hazardous and in danger of collapse in the event of a catastrophic earthquake. -(5) “Qualified loan” means a loan or portion of a loan as defined in subdivision (j) of Section 44559.1, where the proceeds of the loan or portion of the loan are limited to the eligible costs for an eligible project under this program, and where the loan or portion of the loan does not exceed two hundred fifty thousand dollars ($250,000). -(6) “Qualified small business” means a business referred to in subdivisions (i) and (m) of Section 44559.1 that owns and occupies, or intends to occupy, a qualified building for the operation of the business. -(7) “Qualified residential property owner” means either an owner and occupant of a residential building that is a qualified building or a qualified small business that owns one or more residential buildings, including a multiunit housing building, that is a qualified building. -(c) (1) The California Seismic Safety Capital Access Loan Program Fund is established in the State Treasury and shall be administered by the authority pursuant to Sections 44548 and 44549 for this program. For purposes of this section, the references in Sections 44548 and 44549 to “small business” shall include “qualified residential property owner,” as defined in this section. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the authority for carrying out this section. The authority may divide the fund into separate accounts. All moneys accruing to the authority pursuant to this section from any source shall be deposited into the fund. -(2) All moneys in the fund derived from any source shall be held in trust for the life of this program, for program expenditures and costs of administering this section, as follows: -(A) Program expenditures shall include both of the following: -(i) Contributions paid by the authority in support of qualified loans. -(ii) Costs for a qualified expert to validate that the proceeds of the loans are eligible costs, as defined under this section. -(iii) Reasonable costs to educate the small business community, residential property owners, and participating lenders about the program, including travel within the state. -(B) Administrative expenditures shall be limited to 5 percent of the initial appropriation plus 5 percent of all moneys recaptured, and shall include all of the following: -(i) Personnel costs. -(ii) Service and vending contracts, other than program expenditures described in subparagraph (A), that are necessary to carry out the program. -(iii) Other reasonable direct and indirect administrative costs. -(3) The authority may direct the Treasurer to invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code as the authority shall designate. The authority may direct the Treasurer to deposit moneys in interest-bearing accounts in state or national banks or other financial institutions having principal offices located in the state. The authority may alternatively require the transfer of moneys in the fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. All interest or other increment resulting from an investment or deposit shall be deposited into the fund, notwithstanding Section 16305.7 of the Government Code. Moneys in the fund shall not be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, excepting the Surplus Money Investment Fund. -(d) The authority shall adopt regulations pursuant to Section 44520 to implement the program, including provisions to: -(1) Establish a new loss reserve account for each participating lender enrolling loans in this program. -(2) Obtain a certification from each participating lender and qualified small business or qualified residential property owner upon enrollment of a qualified loan that the proceeds of the loan will be used for the eligible costs of an eligible project. -(3) Contribute an additional incentive from the fund for each loan enrolled for a qualified small business or qualified residential property owner located in a severely affected community. -(4) Restrict the enrollment of a qualified loan in any other Capital Access Loan Program for a qualified small business or qualified residential property owner offered by the authority as long as funds are available for this program. -(5) Limit the term of loss coverage for each qualified loan to no more than 10 years. -(6) Recapture from the loss reserve account the authority’s contribution for each enrolled loan upon the maturation of that loan or after 10 years from the date of enrollment, whichever happens first, to be deposited in the fund and applied to future program and administrative expenditures. -(e) The authority may adopt regulations relating to residential property owner or small business financing as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of that Chapter 3.5, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall be repealed 180 days after their effective date, unless the adopting authority or agency complies with that Chapter 3.5.","Existing law establishes the Capital Access Loan Program to assist small businesses in financing the costs of complying with environmental mandates and the remediation of contamination on their properties, and also establishes within the program the California Americans with Disabilities Act Small Business Capital Access Loan Program to assist small businesses in financing the costs of projects that alter or retrofit existing small business facilities to comply with the federal Americans with Disabilities Act. Under existing law, both programs are administered by the California Pollution Control Financing Authority (authority). -This bill would establish within the Capital Access Loan Program the California Seismic Safety Capital Access Loan Program to assist residential property owners and small business owners in seismically retrofitting residences and small businesses by covering losses on qualified loans for those purposes, as specified. The bill would require the authority to administer the program, including regulations and funds received for the program, as specified. The bill would also authorize the authority to, by regulation, implement loan loss reserve programs to benefit any individual person engaged in qualifying activities that require financing, as specified. -This bill would establish the California Seismic Safety Capital Access Loan Program Fund and would continuously appropriate that fund to the authority to carry out the purposes of the California Seismic Safety Capital Access Loan Program. -The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. -This bill, for taxable years beginning on or after January 1, 2017, and before January 1, 2022, would allow a tax credit under both laws in an amount equal to 30% of the qualified costs paid or incurred by a qualified taxpayer for any seismic retrofit construction on a qualified building, as provided. The bill would require a taxpayer, in order to be eligible for the credit, to obtain 2 certifications from the appropriate jurisdiction with authority for building code enforcement of the area in which the building is located: one prior to seismic retrofit construction that certifies that the building is an at-risk property, and a second subsequent to construction that certifies that the completed construction is seismic retrofit construction, as defined, and specifies a dollar amount of qualified costs. The bill would further require the taxpayer to provide the second certification to, and apply for the allocation of the credit with, the Franchise Tax Board. The bill would require the Franchise Tax Board to allocate credits on a first-come-first-served basis. The bill would provide that the credit would have an aggregate cap under both laws of $12,000,000 plus the amount of previously unallocated credit for each calendar year, as provided. -Existing law requires a bill that would authorize a new credit against the tax imposed by the Personal Income Tax Law or the Corporation Tax Law to contain specific goals, purposes, and objectives that the new credit will achieve and detailed performance indicators and data collection requirements for determining whether the new credit achieves these goals, purposes, and objectives. -This bill would make findings specifying the goals, purposes, and objectives of the above-described tax credits and detailing the performance indicators and data collection requirements for determining whether the credits meet these goals, purposes, and objectives. -This bill would take effect immediately as a tax levy.","An act to add and repeal Sections 17053.50 and 23650 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. -An act to amend Section 44559.11 of, and to add Section 44559.14 to, the Health and Safety Code, relating to seismic safety, and making an appropriation therefor." -1101,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 44977.5 of the Education Code is amended to read: -44977.5. -(a) (1) Notwithstanding any other law, during each school year, a person employed in a position requiring certification qualifications may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. -(2) In school districts that use the differential pay system described in Section 44977, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to a substitute had he or she been employed. The school district shall make every reasonable effort to secure the services of a substitute employee. -(3) In school districts that use the differential pay system described in Section 44983, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the person shall be compensated at no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave. -(b) For purposes of subdivision (a), all of the following apply: -(1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. -(2) A person employed in a position requiring certification qualifications shall not be provided more than one 12-week period for parental leave during any 12-month period. -(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period. -(c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing school district. -(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in a position requiring certification qualifications is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section. -(e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section. -(f) For purposes of this section, “parental leave” means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. -SEC. 2. -Section 45196.1 is added to the Education Code, to read: -45196.1. -(a) (1) Notwithstanding any other law, during each school year, a classified employee may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. -(2) In school districts that use the differential pay system described in the first paragraph of Section 45196, when a employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. -(3) In school districts that use the differential pay system described in the last paragraph of Section 45196, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave. -(b) For purposes of subdivision (a), all of the following apply: -(1) The 12-workweek period of parental leave shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. -(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period. -(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period. -(c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing school district. -(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a classified employee is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section. -(e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section. -(f) For purposes of this section, “parental leave” means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. -SEC. 3. -Section 87780.1 is added to the Education Code, to read: -87780.1. -(a) (1) Notwithstanding any other law, during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. -(2) In community college districts that use the differential pay system described in Section 87780, when a employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a temporary employee employed to fill his or her position during his or her absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she been employed. -(3) In community college districts that use the differential pay system described in Section 87786, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave. -(b) For purposes of subdivision (a), all of the following apply: -(1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. -(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period. -(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period. -(c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing community college district. -(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in an academic position is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section. -(e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section. -(f) For purposes of this section,“parental leave” means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. -SEC. 4. -Section 88196.1 is added to the Education Code, to read: -88196.1. -(a) (1) Notwithstanding any other law, during each school year, a classified employee may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. -(2) In the community college districts that use the differential pay system described in the first paragraph of Section 88196, when a employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. -(3) In community college districts that use the differential pay system described in the last paragraph of Section 88196, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave. -(b) For purposes of subdivision (a), all of the following apply: -(1) The 12-workweek period of parental leave shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. -(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period. -(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period. -(c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing community college district. -(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a classified employee is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section. -(e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section. -(f) For purposes of this section, “parental leave” means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee.","Under existing law, when a person employed in a position requiring certification qualifications exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, he or she, during that additional period, receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. Existing law also provides the differential pay benefit described above for up to 12 school weeks if the person employed in a position requiring certification qualifications is absent on account of maternity or paternity leave. Existing law provides that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of maternity or paternity leave. Existing law prohibits a person employed in a position requiring certification qualifications on maternity or paternity leave pursuant to the Moore-Brown-Roberti Family Rights Act from being denied access to differential pay while on that leave. -This bill would additionally provide that if a school district maintains a rule that credits a person employed in a position requiring certification qualifications at least 100 working days of sick leave paid at no less than 50% of his or her regular salary, when he or she has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave, the person employed in a position requiring certification qualifications would be compensated at no less than 50% of his or her regular salary for the remaining portion of the 12-workweek period of parental leave. The bill would no longer require a person employed in a position requiring certification qualifications to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period. -Under existing law, when a classified school employee in certain school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. Under existing law, when a classified school employee in certain other school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives at least 50% of the employee’s regular salary. -This bill would additionally provide the differential pay benefits described above for up to 12 workweeks if the classified school employee is absent on account of parental leave, as defined. The bill would provide that the 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. The bill would no longer require a classified employee to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period. -Under existing law, when a person employed in an academic position in a community college district exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the person employed in an academic position during that additional period receives the difference between his or her salary and the sum that is actually paid a temporary employee employed to fill his or her position during his or her absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she been employed. -This bill would additionally provide the differential pay benefit described above for up to 12 workweeks if the person employed in an academic position is absent on account of parental leave, as defined, as specified. The bill would provide that the 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. The bill would additionally provide that if a community college district maintains a rule that credits a person employed in an academic position at least 100 working days of sick leave paid at no less than 50% of the employee’s regular salary, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave, the employee would be compensated at no less than 50% of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave. The bill would no longer require a person employed in an academic position to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period.","An act to amend Section 44977.5 of, and to add Sections 45196.1, 87780.1, and 88196.1 to, the Education Code, relating to school employees." -1102,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11834.02 of the Health and Safety Code is amended to read: -11834.02. -(a) As used in this chapter, “alcoholism or drug abuse recovery or treatment facility or facilities,” “facility,” or “facilities” means any premises, place, or building that provides 24-hour residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. -(b) As used in this chapter, “adults” may include, but is not limited to, all of the following: -(1) Mothers over 18 years of age and their children. -(2) Emancipated minors, which may include, but is not limited to, mothers under 18 years of age and their children. -(c) As used in this chapter, “emancipated minors” means persons under 18 years of age who have acquired emancipation status pursuant to Section 7002 of the Family Code. -(d) As used in this chapter, “integral facilities” means any combination of two or more facilities located on the same or different parcels that collectively serve seven or more persons, not including the licensee or members of the licensee’s family or persons employed as facility staff, and that are under the control or management of the same owner, operator, management company, or licensee, or any affiliate of any of them, or which together comprise one operation or enterprise. Integral facilities shall include, but not be limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service at another facility or facilities, or by assigning staff or a consultant to provide services to or in more than one facility. -(e) Notwithstanding subdivision (a), an alcoholism or drug abuse recovery or treatment facility may serve adolescents upon the issuance of a waiver granted by the department pursuant to regulations adopted under subdivision (c) of Section 11834.50. -SEC. 2. -Section 11834.09 of the Health and Safety Code is amended to read: -11834.09. -(a) Upon receipt of a completed written application, fire clearance, and licensing fee from the prospective licensee, and subject to the department’s review and determination that the prospective licensee can comply with this chapter and regulations adopted pursuant to this chapter, the department shall issue a single license to the following types of alcoholism or drug abuse recovery or treatment facilities: -(1) A residential facility, other than integral facilities. -(2) Integral facilities, as defined in subdivision (d) of Section 11834.02. -(b) Failure to submit a completed written application, fire clearance, and payment of the required licensing fee in a timely manner shall result in termination of the department’s licensure review and shall require submission of a new application by the prospective licensee. -(c) Failure of the prospective licensee to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the prospective licensee’s application for licensure. -SEC. 3. -Section 11834.20 of the Health and Safety Code is amended to read: -11834.20. -(a) The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need. -(b) (1) -It shall be presumed that local need is satisfied, and the department shall -For any licensing application submitted on or after January 1, 2017, the department may -deny an application for a new facility license, if the proposed location is in proximity to an existing facility that would result in overconcentration. -(2) As used in this section, “overconcentration” means that if a new license is issued, two or more alcoholism or drug abuse recovery or treatment facilities will be separated by a distance of 300 feet or less, as measured from the nearest property line on which an existing facility is located to the nearest property line of the proposed facility. The siting of facilities that combine to form integral facilities within 300 feet of one another shall not result in overconcentration. -(3) -Notwithstanding paragraphs (1) and (2), based -Based -on special local needs and conditions, the department may approve a separation distance of less than 300 feet if the proximity of facilities to one another would not conflict with regulations of the city or county in which the proposed facility will be located. -(c) Any city or county may request denial of the license applied for on the basis of an overconcentration of facilities. -(d) At least 45 days prior to approving any application for a new facility, the department or county licensing agency shall notify in writing the planning agency of the city, if the facility is to be located in the city, or the planning agency of the county, if the facility is to be located in an unincorporated area, of the proposed location of the facility. -(e) The provisions of this article apply equally to any chartered city, general law city, county, city and county, district, and any other local public entity. -(f) For the purposes of this article, “six or fewer persons” does not include the licensee or members of the licensee’s family or persons employed as facility staff. -SEC. 4. -Section 11834.23 of the -Health and Safety Code -is amended to read: -11834.23. -(a)Whether or not unrelated persons are living together, an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of the facility shall be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this article. -(b)For the purpose of all local ordinances, an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar term that implies that the alcoholism or drug abuse recovery or treatment home is a business run for profit or differs in any other way from a single-family residence. -(c)This section shall not be construed to forbid a city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons as long as the restrictions are identical to those applied to other single-family residences. -(d)This section shall not be construed to forbid the application to an alcoholism or drug abuse recovery or treatment facility of any local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity. However, the ordinance shall not distinguish alcoholism or drug abuse recovery or treatment facilities that serve six or fewer persons from other single-family dwellings or distinguish residents of alcoholism or drug abuse recovery or treatment facilities from persons who reside in other single-family dwellings. -(e)No conditional use permit, zoning variance, or other zoning clearance shall be required of an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons that is not required of a single-family residence in the same zone. -(f)Use of a single-family dwelling for purposes of an alcoholism or drug abuse recovery facility serving six or fewer persons shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 or local building codes. However, nothing in this section is intended to supersede Section 13143 or 13143.6, to the extent those sections are applicable to alcoholism or drug abuse recovery or treatment facilities serving six or fewer residents. -(g)This section shall not apply to integral facilities, as defined in subdivision (d) of Section 11834.02. -(h)A city, county, or city and county whose application of zoning ordinances to a licensed alcoholism or drug abuse recovery or treatment facility is restricted by this section is an interested party with standing to pursue any available administrative appeals or otherwise seek judicial review of the licensing decision of the department and enforce the provisions of this chapter. -SEC. 5. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law provides for the licensure, certification, and regulation of alcoholism or drug abuse recovery or treatment facilities, as defined, administered by the State Department of Health Care Services. Existing law authorizes the department, if certain criteria are met, to issue a single license to a residential facility or a facility wherein separate buildings or portions of a residential facility are integral components of a single alcoholism or drug abuse recovery or treatment facility and all of the components of the facility are managed by the same licensee. -This bill would instead require the department, if certain criteria are met, to issue a single license to a residential facility or integral facilities and would define “integral facilities” to mean any combination of 2 or more facilities located on the same or different parcels that collectively serve 7 or more persons, as specified, and that are under the control or management of the same entity, as specified, or which together comprise one operation or enterprise. -This bill would -require -authorize -the department to deny an application for a new facility license if the proposed location is in proximity to an existing facility that would result in overconcentration. The bill would define “overconcentration” as 2 or more alcoholism or drug abuse recovery or treatment facilities being separated by a distance of 300 feet or less, as specified, with the exception of facilities that combine to form integral facilities. The bill would -further -authorize the -department, notwithstanding this provision, -department -to approve a separation distance of less than 300 feet if the proximity of facilities to one another would not conflict with regulations of the city or county in which the proposed facility will be located. -The bill would authorize a city or county to request denial of the license applied for on the basis of an overconcentration of facilities. The bill would require the department or county licensing agency, at least 45 days prior to approving an application for a new facility, to notify the appropriate city or county planning agency, as specified, of the proposed location of the facility. By imposing new duties on local officials, the bill would create a state-mandated local program. -Existing law requires an alcoholism or drug abuse recovery or treatment facility that serves 6 or fewer persons to be considered a residential use of property, as specified, and requires the residents and operators of the facility to be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property. -This bill would provide that the above provision does not apply to integral facilities and would provide that a city, county, or city and county whose application of zoning ordinances to a licensed facility is restricted by these provisions is an interested party with standing to pursue any available administrative appeals or otherwise seek judicial review of the licensing decision of the department and enforce the above provisions. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 11834.02, 11834.09, -11834.20, and 11834.23 -and 11834.20 -of the Health and Safety Code, relating to alcoholism and drug abuse." -1103,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 230.8 of the Labor Code is amended to read: -230.8. -(a) (1) An employer who employs 25 or more employees working at the same location shall not discharge or in any way discriminate against an employee who is a parent of one or more children of the age to attend kindergarten or grades 1 to 12, inclusive, or a licensed child care provider, for taking off up to 40 hours each year, for the purpose of either of the following child-related activities: -(A) To find, enroll, or reenroll his or her child in a school or with a licensed child care provider, or to participate in activities of the school or licensed child care provider of his or her child, if the employee, prior to taking the time off, gives reasonable notice to the employer of the planned absence of the employee. Time off pursuant to this subparagraph shall not exceed eight hours in any calendar month of the year. -(B) To address a child care provider or school emergency, if the employee gives notice to the employer. -(2) If more than one parent of a child is employed by the same employer at the same worksite, the entitlement under paragraph (1) of a planned absence as to that child applies, at any one time, only to the parent who first gives notice to the employer, such that another parent may take a planned absence simultaneously as to that same child under the conditions described in paragraph (1) only if he or she obtains the employer’s approval for the requested time off. -(b) (1) The employee may utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence authorized by this section, unless otherwise provided by a collective bargaining agreement entered into before January 1, 1995, and in effect on that date. An employee also may utilize time off without pay for this purpose, to the extent made available by his or her employer. -(2) The employee shall annually be provided at least -24 -eight -hours of paid time off for the purposes of the planned absence authorized by this section, unless otherwise provided in a collective bargaining agreement entered into before January 1, 2017. -(3) Except as set forth in paragraph (2), the entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition that is agreed to on or after January 1, 1995. -(4) Notwithstanding paragraph (1), in the event that all permanent, full-time employees of an employer are accorded vacation during the same period of time in the calendar year, an employee of that employer may not utilize that accrued vacation benefit at any other time for purposes of the planned absence authorized by this section. -(c) The employee, if requested by the employer, shall provide documentation from the school or licensed child care provider as proof that he or she engaged in child-related activities permitted in subdivision (a) on a specific date and at a particular time. For purposes of this subdivision, “documentation” means whatever written verification of parental participation the school or licensed child care provider deems appropriate and reasonable. -(d) Any employee who is denied time off under this section, discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in terms and conditions of employment by his or her employer because the employee has taken or requested time off to engage in child-related activities permitted in subdivision (a) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, and appropriate equitable relief. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law shall be subject to a civil penalty in an amount equal to three times the amount of the employee’s lost wages and work benefits. -(e) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has exercised his or her rights as set forth in subdivision (a) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7. -(f) In each workplace of the employer, the employer shall display a poster in a conspicuous place containing all the information specified in paragraph (2) of subdivision (b). The Labor Commissioner shall create a poster containing this information and make it available to employers. The poster shall include all of the following: -(1) An employee is entitled to request and use -24 -eight -hours of paid time off for their child’s school-related activities. -(2) That retaliation or discrimination against an employee who requests paid time off or uses time off, or both, is prohibited and that an employee has the right under this article to file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against the employee. -(g) For purposes of this section, the following terms have the following meanings: -(1) “Parent” means a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child. -(2) “Child care provider or school emergency” means that an employee’s child cannot remain in a school or with a child care provider due to one of the following: -(A) The school or child care provider has requested that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or child care provider. -(B) Behavioral or discipline problems. -(C) Closure or unexpected unavailability of the school or child care provider, excluding planned holidays. -(D) A natural disaster, including, but not limited to, fire, earthquake, or flood.","Existing law prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, as defined, having custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive, for taking off up to 40 hours each year to find, enroll, or reenroll their child in a school, to participate in school activities, or address emergency situations at school, subject to specified conditions. Existing law requires an employee to use vacation or other paid time off when taking time off under these provisions and authorizes the use of unpaid time off, to the extent made available by the employer. -This bill would require an employer to annually provide an employee at least -24 -8 -hours of paid time off for the purposes of a planned absence under these provisions, except as specified, and would instead authorize an employee to use vacation or paid time off, or use unpaid time off, if available, when taking time off under these provisions. -The bill would provide a remedy to an employee whose request for time off under these provisions is denied by the employer. The bill would require the Labor Commissioner to create a poster listing the protections available to employees and would require an employer to post it at the workplace, as specified.","An act to amend Section 230.8 of the Labor Code, relating to employment." -1104,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 65852.22 is added to the Government Code, immediately following Section 65852.2, to read: -65852.22. -(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following: -(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence already built on the lot. -(2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. -(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following: -(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. -(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. -(4) Require a permitted junior accessory dwelling unit to be constructed within the existing walls of the structure, and require the inclusion of an existing bedroom. -(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second interior doorway for sound attenuation. -(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following: -(A) A sink with a maximum waste line diameter of 1.5 inches. -(B) A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas. -(C) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. -(b) (1) An ordinance shall not require additional parking as a condition to grant a permit. -(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine whether the junior accessory dwelling unit is in compliance with applicable building standards. -(c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. A permit shall be issued within 120 days of submission of an application for a permit pursuant to this section. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. -(d) For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. -(e) For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. -(f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. -(g) For purposes of this section, the following terms have the following meanings: -(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. -(2) “Local agency” means a city, county, or city and county, whether general law or chartered. -SEC. 2. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to allow local jurisdictions the ability to promulgate ordinances that create secure income for homeowners and secure housing for renters, at the earliest possible time, it is necessary for this act to take effect immediately.","The Planning and Zoning Law authorizes a local agency to provide by ordinance for the creation of 2nd units in single-family and multifamily residential areas, as prescribed. -This bill would, in addition, authorize a local agency to provide by ordinance for the creation of junior accessory dwelling units, as defined, in single-family residential zones. The bill would require the ordinance to include, among other things, standards for the creation of a junior accessory dwelling unit, required deed restrictions, and occupancy requirements. The bill would prohibit an ordinance from requiring, as a condition of granting a permit for a junior accessory dwelling unit, additional parking requirements. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Section 65852.22 to the Government Code, relating to housing, and declaring the urgency thereof, to take effect immediately." -1105,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4600 of the Labor Code is amended to read: -4600. -(a) Medical, surgical, chiropractic, acupuncture, and hospital treatment, including nursing, medicines, medical and surgical supplies, crutches, and apparatuses, including orthotic and prosthetic devices and services, that is reasonably required to cure or relieve the injured worker from the effects of his or her injury shall be provided by the employer. If the employer neglects or reasonably refuses to provide that treatment, the employer is liable for the reasonable expense incurred by or on behalf of the employee in providing treatment. -(b) As used in this division and notwithstanding any other law, medical treatment that is reasonably required to cure or relieve the injured worker from the effects of his or her injury means treatment that is based upon the guidelines adopted by the administrative director pursuant to Section 5307.27. -(c) Unless the employer or the employer’s insurer has established or contracted with a medical provider network as provided for in Section 4616, after 30 days from the date the injury is reported, the employee may be treated by a physician of his or her own choice or at a facility of his or her own choice within a reasonable geographic area. A chiropractor shall not be a treating physician after the employee has received the maximum number of chiropractic visits allowed by subdivision (c) of Section 4604.5. -(d) (1) If an employee has notified his or her employer in writing prior to the date of injury that he or she has a personal physician, the employee shall have the right to be treated by that phys Section 1340) of Division 2 of the Health and Safety Code, and the employer is notified pursuant to paragraph (1), all medical treatment, utilization review of medical treatment, access to medical treatment, and other medical treatment issues shall be governed by Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code. Disputes regarding the provision of medical treatment shall be resolved pursuant to Article 5.55 (commencing with Section 1374.30) of Chapter 2.2 of Division 2 of the Health and Safety Code. -(4) If the employee has health care coverage for nonoccupational injuries or illnesses on the date of injury in a group health insurance policy as described in Section 4616.7, all medical treatment, utilization review of medical treatment, access to medical treatment, and other medical treatment issues shall be governed by the applicable provisions of the Insurance Code. -(5) The insurer may require prior authorization of any nonemergency treatment or diagnostic service and may conduct reasonably necessary utilization review pursuant to Section 4610. -(6) An employee shall be entitled to all medically appropriate referrals by the personal physician to other physicians or medical providers within the nonoccupational health care plan. An employee shall be entitled to treatment by physicians or other medical providers outside of the nonoccupational health care plan pursuant to standards established in Article 5 (commencing with Section 1367) of Chapter 2.2 of Division 2 of the Health and Safety Code. -(7) If the employee’s injury affects his or her back, the physician or other medical provider shall assess the employee’s level of risk for chronic back pain -and determine whether he or she meets the criteria for a surgical consultation. After the assessment, one or more of the following covered treatments may be deemed appropriate: acupuncture, chiropractic manipulation, cognitive behavioral therapy, medications, including short-term opiate drugs, but excluding long-term prescriptions, office visits, osteopathic manipulation, and physical and occupational therapy. Surgery may be recommended, but only for a limited number of conditions and only if there is sufficient evidence to indicate that surgery is more effective than other treatment options. Yoga, intensive rehabilitation, massage, or supervised exercise therapy may also be recommended for inclusion in the comprehensive treatment plan. -utilizing the medical treatment utilization schedule (MTUS) adopted pursuant to Section 5307.27 and determine treatment based on that schedule. -(e) (1) When at the request of the employer, the employer’s insurer, the administrative director, the appeals board, or a workers’ compensation administrative law judge, the employee submits to examination by a physician, he or she shall be entitled to receive, in addition to all other benefits herein provided, all reasonable expenses of transportation, meals, and lodging incident to reporting for the examination, together with one day of temporary disability indemnity for each day of wages lost in submitting to the examination. -(2) Regardless of the date of injury, “reasonable expenses of transportation” includes mileage fees from the employee’s home to the place of the examination and back at the rate of twenty-one cents ($0.21) a mile or the mileage rate adopted by the Director of the Department of Human Resources pursuant to Section 19820 of the Government Code, whichever is higher, plus any bridge tolls. The mileage and tolls shall be paid to the employee at the time he or she is given notification of the time and place of the examination. -(f) When at the request of the employer, the employer’s insurer, the administrative director, the appeals board, or a workers’ compensation administrative law judge, an employee submits to examination by a physician and the employee does not proficiently speak or understand the English language, he or she shall be entitled to the services of a qualified interpreter in accordance with conditions and a fee schedule prescribed by the administrative director. These services shall be provided by the employer. For purposes of this section, “qualified interpreter” means a language interpreter certified, or deemed certified, pursuant to Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, or Section 68566 of, the Government Code. -(g) If the injured employee cannot effectively communicate with his or her treating physician because he or she cannot proficiently speak or understand the English language, the injured employee is entitled to the services of a qualified interpreter during medical treatment appointments. To be a qualified interpreter for purposes of medical treatment appointments, an interpreter is not required to meet the requirements of subdivision (f), but shall meet any requirements established by rule by the administrative director that are substantially similar to the requirements set forth in Section 1367.04 of the Health and Safety Code. The administrative director shall adopt a fee schedule for qualified interpreter fees in accordance with this section. Upon request of the injured employee, the employer or insurance carrier shall pay for interpreter services. An employer shall not be required to pay for the services of an interpreter who is not certified or is provisionally certified by the person conducting the medical treatment or examination unless either the employer consents in advance to the selection of the individual who provides the interpreting service or the injured worker requires interpreting service in a language other than the languages designated pursuant to Section 11435.40 of the Government Code. -(h) Home health care services shall be provided as medical treatment only if those services are reasonably required to cure or relieve the injured employee from the effects of his or her injury and prescribed by a physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, and subject to Section 5307.1 or 5307.8. The employer shall not be liable for home health care services that are provided more than 14 days prior to the date of the employer’s receipt of the physician’s prescription.","Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, that generally requires employers to secure the payment of workers’ compensation for injuries incurred by their employees that arise out of, or in the course of, employment. Existing law requires an employer to provide all medical services reasonably required to cure or relieve the injured worker from the effects of the injury. -Existing law requires the administrative director to adopt a medical treatment utilization schedule, as specified. -This bill would, if the employee’s injury affects his or her back, require a -physician or other medical -provider to assess the employee’s level of risk for chronic back -pain and whether he or she meets the criteria for a surgical consultation. The bill would set forth the treatments that may be deemed appropriate after the assessment, as specified. -pain utilizing the medical treatment utilization schedule and determine treatment based on that schedule.","An act to amend Section 4600 of the Labor Code, relating to workers’ compensation." -1106,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 10 (commencing with Section 32499) is added to Division 23 of the Health and Safety Code, to read: -CHAPTER 10. Desert Healthcare District Reorganization -32499. -(a) The Desert Healthcare District may be expanded in accordance with this chapter. All other provisions of this division shall apply to the Desert Healthcare District following its reorganization, except as provided in this chapter. -(b) (1) On or before January 5, 2017, the Desert Healthcare District shall file a resolution of application with the Riverside County Local Agency Formation Commission, pursuant to subdivision (a) of Section 56654 of the Government Code, to initiate proceedings by the Riverside County Local Agency Formation Commission for the purpose of expanding the Desert Healthcare District to include the East Coachella Valley region. The expanded district shall include all communities served by the Desert Healthcare District as of the date of the filing of the resolution of application, and shall also include, but not be limited to, the communities of Indian Wells, La Quinta, Indio, and Coachella, and the unincorporated areas of Bermuda Dunes, Mecca, Thermal, Oasis, North Shore, and Vista Santa Rosa. The resolution of application shall comply with Section 56652 of the Government Code and shall specify the source of funding for the expanded district. The Desert Healthcare District shall pay any fees associated with the resolution of application. -(2) The Riverside County Local Agency Formation Commission proceeding shall be deemed initiated on the date the resolution of application is accepted for filing. Subsequent to initiation of the proceeding, the commission shall hold a hearing pursuant to Section 56666 of the Government Code. The commission shall comply with the notice requirements of Sections 56660 and 56661 of the Government Code in connection with the hearing. -(3) The Riverside County Local Agency Formation Commission shall complete its proceedings and direct the election required by paragraph (2) of subdivision (c) no later than 150 days following receipt of the completed resolution of application. Notwithstanding any other law, the Riverside County Local Agency Formation Commission shall not have the power to disapprove the resolution of application. -(4) Notwithstanding any other law, the resolution of application filed by the Desert Healthcare District pursuant to this subdivision shall not be subject to any protest proceedings. -(c) (1) The Riverside County Local Agency Formation Commission shall order the expansion of the district subject to a vote of the registered voters residing within the territory to be annexed at an election following the completion of proceedings pursuant to subdivision (b). The commission may condition the annexation on the district’s imposition of sufficient revenues to provide services within the territory to be annexed, including, but not limited to, the concurrent approval of special taxes or benefit assessments that will generate those sufficient revenues. -(2) The Riverside County Local Agency Formation Commission shall direct the Board of Supervisors of the County of Riverside to direct county officials to conduct the necessary election for approval of district expansion by placing approval of district expansion, pursuant to subdivision (d) of Section 57118 of the Government Code, and approval of any necessary funding source for the expanded district that requires voter approval on the ballot at the next countywide election. -(3) If a majority of the voters within the territory ordered to be annexed vote in favor of the expanded district and if a number of voters required under applicable law to approve any necessary funding source that requires voter approval vote in favor of that funding source, the district shall be expanded in accordance with this chapter. -(4) The district shall pay to the county the actual cost of the services rendered in conducting the election. -(d) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code) shall not apply to the expansion of the district pursuant to subdivisions (b) and (c), except as specified in this part. The act shall apply to any other change of organization or reorganization as defined in that act, following the reorganization of the district pursuant to this section. -(e) As used in this chapter, “district” means the Desert Healthcare District. -32499.2. -(a) Thirty days after the expansion of the district, and notwithstanding Sections 32100.01 and 32100.02, the Board of Directors of the Desert Healthcare District shall adopt a resolution to increase the number of members of its board of directors from five to seven without the necessity of a petition or approval thereof by voters residing within the district. The resolution shall become effective on the date of, and subject to any conditions specified in, the resolution. -(b) The additional vacancies created by the expansion shall be filled by appointment by the board of directors. A person appointed to fill a vacancy created by subdivision (a) shall be a registered voter and a resident of the territory annexed by the district pursuant to Section 32499. -(c) Upon appointment, the board shall, by lot, designate one member appointed pursuant to subdivision (a) who shall leave office when his or her successor takes office pursuant to Section 10554 of the Elections Code, and one member appointed pursuant to subdivision (a) who shall leave office two years thereafter. -(d) A vacancy in one or both of the board positions created by subdivision (a) after the first appointments to those positions pursuant to subdivision (b) shall be filled by the methods prescribed in Section 1780 of the Government Code, and, after January 1, 2020, shall be filled by the methods prescribed in Section 32499.3. -(e) This section shall only become operative if the Desert Healthcad) The voting districts described in subdivision (a) and any necessary procedures for implementing the election of the board of directors by voting districts shall be established and implemented on or before January 1, 2020. -(e) The voting districts established pursuant to this section shall be effective for the next district election after January 1, 2020. At the expiration of the terms of office of the members of the board of directors then in office, and thereafter, these members of the board of directors shall be elected by voting districts. One member of the board of directors shall be elected by the electors of each of the voting districts. A person shall not be eligible to hold the office of member of the board of directors unless he or she has been a resident of the voting district from which he or she is elected for 30 days next preceding the date of the election. -(f) A vacancy upon the board that results in a voting district left unrepresented prior to the expiration of the term of that board position shall be filled by appointment of the remaining members of the board of directors. A member of the board of directors appointed pursuant to this subdivision shall be a resident of the voting district left unrepresented on the board of directors. -(g) This section shall become operative only if the Desert Healthcare District is expanded in accordance with Section 32499. -32499.4. -It is the intent of the Legislature that the Desert Healthcare District maximize the use of its assets to provide direct health services to individuals within the district through direct operation of or funding provided to organizations that own or operate hospitals, medical clinics, ambulance services, transportation programs for seniors or persons with disabilities, wellness centers, health education services, promotoras, mental health services, veterans’ health services, and other similar services. -SEC. 2. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique community needs in Riverside County that would be served by the expansion of the Desert Healthcare District to include the entire Coachella Valley region, including limited access in the eastern Coachella Valley to health care services by an underserved population that suffers from a higher than average prevalence of preventable disease. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the Local Health Care District Law, authorizes the organization and incorporation of local health care districts and specifies the powers of those districts, including, among other things, the power to establish, maintain, and operate, or provide assistance in the operation of, one or more health facilities or health services, including, but not limited to, outpatient programs, services, and facilities; retirement programs, services, and facilities; chemical dependency programs, services, and facilities; or other health care programs, services, and facilities and activities at any location within or without the district for the benefit of the district and the people served by the district. -This bill would authorize the expansion of the Desert Healthcare District to include the eastern Coachella Valley region by requiring the district to submit a resolution of application to the Riverside County Local Agency Formation Commission to initiate proceedings to expand the district. The bill would require the commission to order the expansion of the district subject to a vote of the registered voters residing within the territory to be annexed at an election following the completion of those proceedings. The bill would require the Board of Supervisors of the County of Riverside, upon direction by the commission, to place approval of district expansion on the ballot at the next countywide election following the completion of commission proceedings, including a public hearing. The bill would provide for expansion of the district upon voter approval, if a funding source sufficient to support the operations of the expanded district is, if required, approved, as specified. The bill would require the district to pay for election costs, as specified. By imposing new duties on the County of Riverside, the bill would impose a state-mandated local program. -This bill would require the board of directors of the district, following expansion, to adopt a resolution to increase the number of members of the district’s board of directors from 5 to 7, and to appoint 2 members who are residents of the territory annexed by the district to fill the vacant positions, as specified. Following the expansion of the board of directors, the bill would require the board of directors to adopt a resolution to divide the Desert Healthcare District into voting districts for the purpose of electing members of the board of directors from and by the electors of those voting districts beginning with the next district election after January 1, 2020, as specified. -This bill would state the intent of the Legislature that the Desert Healthcare District maximize the use of its assets to provide direct health services to individuals within the district, as specified. -This bill would make legislative findings and declarations as to the necessity of a special statute for the Coachella Valley region of Riverside County. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Chapter 10 (commencing with Section 32499) to Division 23 of the Health and Safety Code, relating to health care districts." -1107,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 39719.2 of the Health and Safety Code is amended to read: -39719.2. -(a) The California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program is hereby created, to be administered by the state board in conjunction with the State Energy Resources Conservation and Development Commission. The program, from moneys appropriated from the fund for the purposes of the program, shall fund development, demonstration, precommercial pilot, and early commercial deployment of zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies. Priority shall be given to projects benefiting disadvantaged communities pursuant to the requirements of Sections 39711 and 39713. -(b) Projects eligible for funding pursuant to this section include, but are not limited to, the following: -(1) Technology development, demonstration, precommercial pilots, and early commercial deployments of zero- and near-zero-emission medium- and heavy-duty truck -and bus -technology, including projects that help to facilitate clean goods-movement corridors. -(A) Until January 1, 2018, no less than 20 percent of funding made available for the purposes of this paragraph shall support early commercial deployment of existing zero- and near-zero-emission heavy-duty truck technology. -(B) (i) Between January 2, 2018, and January 1, 2023, no less than 50 percent of the moneys allocated each year for the purposes of this paragraph shall be allocated and spent to support the commercial deployment of existing zero- and near-zero-emission heavy-duty truck and heavy-duty bus technology that meets or exceeds an emission standard of 0.02 grams per brake horsepower-hour oxides of nitrogen, as described in the optional low oxides of nitrogen emission standards in Section 1956.8 of Title 13 of the California Code of Regulations. The state board shall allocate at least two-thirds of the amount available for allocation pursuant to this subparagraph to heavy-duty truck projects. -(ii) (I) Between January 2, 2018, and January 1, 2020, a heavy-duty truck or heavy-duty bus with an internal combustion engine receiving moneys allocated pursuant to this subparagraph shall use not less than 30 percent renewable fuel. -(II) Beginning January 2, 2020, a heavy-duty truck or heavy-duty bus with an internal combustion engine receiving moneys allocated pursuant to this subparagraph shall use not less than 50 percent renewable fuel. -(III) The state board may increase the minimum percentage of renewable fuel required for the allocation of moneys pursuant to this subparagraph in subsequent years if the state board makes a finding that a higher percentage is commercially feasible and the State Energy Resources Conservation and Development Commission makes a finding that there is a sufficient supply of renewable energy fuel available. An increase adopted pursuant to this subclause shall apply prospectively to moneys allocated after the increase is adopted by the state board. -(IV) The percentage in effect at the time the moneys are awarded to a heavy-duty truck or heavy-duty bus with an internal combustion engine pursuant to this subparagraph shall not change that award. -(V) This subparagraph does not alter or affect in any way the amount of credit or grants for which a low-carbon-fuel provider or truck or bus operator is eligible pursuant to law. -(iii) The state board shall limit the amount of incentives that may be allocated for any one vehicle or engine manufacturer in each year to 49 percent of the moneys allocated in that year for the purposes of this subparagraph. -(iv) The state board shall ensure that available moneys are allocated on a competitive basis to projects that are shown to achieve the greatest greenhouse gas emissions reductions not otherwise required by statute or regulation. -(2) Zero- and near-zero-emission bus technology development, demonstration, precommercial pilots, and early commercial deployments, including pilots of multiple vehicles at one site or region. -(3) Zero- and near-zero-emission off-road vehicle and equipment technology development, demonstration, precommercial pilots, and early commercial deployments, including vehicles and equipment in the port, agricultural, marine, construction, and rail sectors. -(4) Purchase incentives, which may include point-of-sale, for commercially available zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies and fueling infrastructure to support early market deployments of alternative technologies and to increase manufacturer volumes and accelerate market acceptance. -(5) Projects that support greater commercial motor vehicle and equipment freight efficiency and greenhouse gas emissions reductions, including, but not limited to, advanced intelligent transportation systems, autonomous vehicles, and other freight information and operations technologies. -(c) The state board, in consultation with the State Energy Resources Conservation and Development Commission, shall develop guidance through the existing Air Quality Improvement Program funding plan process for the implementation of this section that is consistent with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) and this chapter. -(d) The guidance developed pursuant to subdivision (c) shall do all of the following: -(1) Outline performance criteria and metrics for deployment incentives. The goal shall be to design a simple and predictable structure that provides incentives for truck, bus, and off-road vehicle and equipment technologies that provide significant greenhouse gas reduction and air quality benefits. -(2) Ensure that program investments are coordinated with funding programs developed pursuant to the California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 (Chapter 8.9 (commencing with Section 44270) of Part 5). -(3) Promote projects that assist the state in reaching its climate goals beyond 2020, consistent with Sections 38550 and 38551. -(4) Promote investments in medium- and heavy-duty trucking, including, but not limited to, vocational trucks, short-haul and long-haul trucks, buses, and off-road vehicles and equipment, including, but not limited to, port equipment, agricultural equipment, marine equipment, and rail equipment. -(5) Implement purchase incentives for eligible technologies to increase the use of the cleanest vehicles in disadvantaged communities. -(6) Allow for remanufactured and retrofitted vehicles to qualify for purchase incentives if those vehicles meet warranty and emissions requirements, as determined by the state board. -(7) Establish a competitive process for the allocation of moneys for projects funded pursuant to this section. -(8) Leverage, to the maximum extent feasible, federal or private funding. -(9) Ensure that the results of emissions reductions or benefits can be measured or quantified. The state board shall post on its Internet Web site every two years the results of those measurements or quantifications. -(10) Ensure that activities undertaken pursuant to this section complement, and do not interfere with, efforts to achieve and maintain federal and state ambient air quality standards and to reduce toxic air contaminants. -(e) In evaluating potential projects to be funded pursuant to this section, the state board shall give priority to projects that demonstrate one or more of the following characteristics: -(1) Benefit disadvantaged communities pursuant to Sections 39711 and 39713. -(2) The ability to leverage additional public and private funding. -(3) The potential for cobenefits or multiple-benefit attributes. -(4) The potential for the project to be replicated. -(5) Regional benefit, with focus on collaboration between multiple entities. -(6) Support for technologies with broad market and emissions reduction potential. -(7) Support for projects addressing technology and market barriers not addressed by other programs. -(8) Support for enabling technologies that benefit multiple technology pathways. -(f) In the implementation of this section, the state board, in consultation with the State Energy Resources Conservation and Development Commission, shall create an annual framework and plan. The framework and plan shall be developed with public input and may utilize existing investment plan processes and workshops as well as existing state and third-party research and technology roadmaps. The framework and plan shall do all of the following: -(1) Articulate an overarching vision for technology development, demonstration, precommercial pilot, and early commercial deployments, with a focus on moving technologies through the commercialization process. -(2) Outline technology categories, performance criteria, and required mandates for technologies and applications that may be considered for funding pursuant to this section. This shall include technologies and low-carbon-fuel requirements for medium- and heavy-duty trucking, including, but not limited to, vocational trucks, short-haul and long-haul trucks, buses, and off-road vehicles and equipment, including, but not limited to, port equipment, agricultural equipment, construction equipment, marine equipment, and rail equipment. -(3) Describe the roles of the relevant agencies and the process for coordination among agencies, program participants, and low-carbon-fuel providers. -(g) For purposes of this section, the following terms have the following meanings: -(1) Effective January 2, 2018, “heavy-duty truck” means a truck that has a gross vehicle weight rating (GVWR) of 26,001 pounds or more. -(2) Effective January 2, 2018, “heavy-duty bus” means a bus that has a gross vehicle weight rating (GVWR) of 19,501 pounds or more. -(3) “Zero- and near-zero-emission” means vehicles, fuels, and related technologies that reduce greenhouse gas emissions and improve air quality when compared with conventional or fully commercialized alternatives, as defined by the state board in consultation with the State Energy Resources Conservation and Development Commission. “Zero- and near-zero-emission” may include, but is not limited to, zero-emission technology, enabling technologies that provide a pathway to emissions reductions, advanced or alternative fuel engines for long-haul trucks, and hybrid or alternative fuel technologies for trucks and off-road equipment.","The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. -The California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, upon appropriation from the Greenhouse Gas Reduction Fund, funds zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies and related projects, as specified, with priority given to certain projects, including projects that benefit disadvantaged communities, as defined. The program, until January 1, 2018, requires no less than 20% of the funding made available for the purposes of technology development, demonstration, precommercial pilots, and early commercial deployments of zero- and near-zero-emission medium- and heavy-duty truck technology support early commercial deployment of existing zero- and near-zero-emission heavy-duty truck technology. The program requires the state board to ensure that the results of emissions reductions or benefits can be measured or quantified. -This bill, between January 2, 2018, and January 1, 2023, would require no less than 50% of the moneys allocated each year for technology development, demonstration, precommercial pilots, and early commercial deployments of zero- and near-zero-emission medium- and heavy-duty truck -and bus -technology be allocated and spent to support the commercial deployment of existing zero- and near-zero-emission heavy-duty truck and heavy-duty bus technology that meets or exceeds a specified emission standard, with at least -2/3 -of these funds to be allocated to heavy-duty truck projects. The bill would authorize the state board to increase those emission standards based on specified findings. The bill would require the state board to limit the incentives that may be allocated to any one vehicle or engine manufacturer in each year under these provisions to 49% of the moneys available for allocation in that year. The bill would require allocations under these provisions to be made for projects that are shown to achieve the greatest greenhouse gas emissions reductions, as specified. The bill also would require the state board to post on its Internet Web site the results of emissions reductions or benefits.","An act to amend Section 39719.2 of the Health and Safety Code, relating to greenhouse gases." -1108,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 10 (commencing with Section 39950) is added to Part 2 of Division 26 of the Health and Safety Code, to read: -CHAPTER 10. Workplace Charging Stations Grant Program -39950. -For purposes of this chapter, the following definitions apply: -(a) “Eligible applicant” means a commercial property owner or lessee providing parking facilities for employees and visitors. -(b) “Program” means the Workplace Charging Stations Grant Program established pursuant to Section 39951. -39951. -(a) The state board, until January, 1, 2021, shall establish and implement the Workplace Charging Stations Grant Program to award grants to eligible applicants for the installation of electric vehicle charging stations in their parking facilities. -(b) (1) The state board may award to an eligible applicant two thousand five hundred dollars ($2,500) for the first Level 2 charging port installed and an additional five hundred dollars ($500) for each additional Level 2 charging port installed. -(2) The maximum grant that may be awarded to an eligible applicant pursuant to the program is six thousand dollars ($6,000) per facility. -39952. -(a) In considering an application for a grant, the state board shall consider the cost effectiveness of the proposed installation, the potential for timely completion and operation of the electric vehicle charging station, and the overall economic benefits to California of the proposed installation. -(b) The state board shall give priority to proposed installations that meet one or more of the following criteria: -(1) The eligible applicant has made a binding commitment to make the electric vehicle charging stations readily available to employees and the public at no fee for charging for at least the first three years of the operation of the stations. -(2) The charging stations are available to employees and other members of the public 24 hours a day, seven days a week. -(3) The charging stations are installed in disadvantaged communities, as identified pursuant to Section 39711. -(4) The charging stations are located at or near a major traffic corridor. -39953. -(a) Eligible applicants receiving grants pursuant to this chapter shall report annually to the state board on the following: -(1) The number of charging sessions delivered for each charging station for which a grant was awarded. -(2) The amount electricity delivered for each charging session. -(3) The total amount of time an electric vehicle is plugged in for each charging session. -(4) The amount of downtime of each charging station for maintenance and repair. -(5) The maintenance or repair events of each charging station. -(b) (1) On or before July 1, 2018, and annually thereafter, until July 1, 2020, the state board shall submit a report to the Legislature providing a survey of the data submitted pursuant to subdivision (a) for the prior calendar year, identifying the benefits and problems with the program, and recommending improvements to the program. -(2) On or before July 1, 2021, the state board shall submit to the Legislature a final report providing an overall survey of the program and identifying the benefits accrued from the program. -(3) The reports required pursuant to paragraph (1) or (2) shall be submitted in accordance with Section 9795 of the Government Code. -39954. -This chapter shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SECTION 1. -Section 44270.3 of the -Health and Safety Code -is amended to read: -44270.3. -For the purposes of this chapter, the following definitions shall apply: -(a)“Benefit-cost score,” for the Alternative and Renewable Fuel and Vehicle Technology Program created pursuant to Section 44272, means a project’s expected or potential greenhouse gas emissions reduction per dollar awarded by the commission to the project from the Alternative and Renewable Fuel and Vehicle Technology Fund. -(b)“Commission” means the State Energy Resources Conservation and Development Commission. -(c)“Full fuel-cycle assessment” or “life-cycle assessment” means evaluating and comparing the full environmental and health impacts of each step in the life cycle of a fuel, including, but not limited to, all of the following: -(1)Feedstock production, extraction, cultivation, transport, and storage, and the transportation and use of water and changes in land use and land cover therein. -(2)Fuel production, manufacture, distribution, marketing, transport, and storage, and the transportation and use of water therein. -(3)Vehicle operation, including refueling, combustion, conversion, permeation, and evaporation. -(d)“Vehicle technology” means any vehicle, boat, off-road equipment, or locomotive, or component thereof, including its engine, propulsion system, transmission, or construction materials. -(e)For purposes of the Air Quality Improvement Program created pursuant to Section 44274, the following definitions shall apply: -(1)“Benefit-cost score” means the reasonably expected or potential criteria pollutant emission reductions achieved per dollar awarded by the board for the project. -(2)“Project” means a category of investments identified for potential funding by the board, including, but not limited to, competitive grants, revolving loans, loan guarantees, loans, vouchers, rebates, and other appropriate funding measures for specific vehicles, equipment, technologies, or initiatives authorized by Section 44274.","The California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 requires the State Energy Resources Conservation and Development Commission to administer the Alternative and Renewable Fuel and Vehicle Technology Program to provide financial assistance for the development and deployment of innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. The act requires the State Air Resources Board to administer the Air Quality Improvement Program to fund projects to reduce criteria air pollutants, to improve air quality, and to fund research to determine and improve air quality impacts of alternative transportation fuels and vehicles, vessels, and equipment technologies. -Existing law defines various terms for purposes of those programs. -Existing law requires the commission to allocate $20,000,000 annually to fund the number of publicly available hydrogen-fueling stations identified by the State Air Resources Board as being needed, as specified, until at least 100 stations are in operation. -This bill would make nonsubstantive changes in the provision defining those terms. -This bill would require the state board, until January 1, 2021, to establish and implement the Workplace Charging Stations Grant Program to award grants to eligible applicants, as defined, for the installation of electric vehicle charging stations in commercial parking facilities for employees and visitors. The bill would require eligible applicants awarded grants pursuant to the program to report annually to the state board on certain usage statistics of the charging stations. The bill would require the state board, on or before July 1, 2018, and annually thereafter, to submit to the Legislature a report on the program, as provided. The bill would repeal the above provision on January 1, 2022.","An act to -amend Section 44270.3 -add and repeal Chapter 10 (commencing with Section 39950) of Part 2 of Division 26 -of the Health and Safety Code, relating to -air resources. -vehicular air pollution." -1109,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Chapter 728 of the Statutes of 2008 (SB 375) supports the goals of the California Global Warming Solutions Act of 2006 (AB 32) by requiring each of the state’s 18 metropolitan areas to reduce greenhouse gas emissions from cars and light trucks. SB 375 calls on each metropolitan area to develop a sustainable communities strategy (SCS) to accommodate future population growth and reduce greenhouse gas emissions. -(b) One of the major components of SB 375 is to coordinate the regional housing needs allocation process with the regional transportation process while maintaining local authority over land use decisions. Thus, local officials are key decisionmakers in how the provisions of SB 375 are ultimately implemented. -(c) The nine-county Bay Area metropolitan area SCS, Plan Bay Area, was adopted in 2013 through a cooperative effort of the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG). The Bay Area is expected to grow by 2,000,000 people over the next 25 years. -(d) Plan Bay Area provides a strategy for meeting 80 percent of the region’s future housing needs in priority development areas (PDAs). These are neighborhoods within walking distance of frequent transit service, offering a wide variety of housing options, and featuring amenities such as grocery stores, community centers, open space, and restaurants. -(e) There is a direct relationship between development planning for population growth in PDAs and the provision of open space and other amenities in these areas that will be required to support projected growth. San Francisco, like most cities, aims to provide adequate quality open space for the broader public health and quality of life of its citizens and workforce. As new development occurs, it serves additional residents and employees, who, in turn, require new, or expanded and enhanced, open space. -(f) A 2014 San Francisco Citywide Nexus Analysis documents this direct relationship between projected population growth and the cost of new open-space infrastructure to support growth. Providing recreation and open space, such as baseball diamonds, soccer fields, parks, playgrounds, tennis courts, flower gardens, community gardens, and greenways, is a capital intensive undertaking, especially in San Francisco where land availability is low and land prices are high. -(g) To meet the goals of SB 375, more of the future development is planned to be walkable and bikeable and close to public transit, jobs, schools, shopping, parks, recreation, and other amenities. Many of San Francisco’s PDAs are located in areas of San Francisco that both lack open space and are home to most of the city’s freeways. There are many parcels and -right-of-ways -rights-of-way -beneath and adjacent to these freeways and within PDAs that could be used for open-space purposes, yet currently the cost of leasing those lands from the Department of Transportation (Caltrans) is prohibitively high. -(h) Thus, one strategy for supporting statewide SB 375 goals is to decrease the cost of providing additional open space by decreasing the cost of land. An innovative intergovernmental partnership would engage Caltrans in low-cost leases with San Francisco for areas under the freeways that overlap with PDAs and San Francisco would, in turn, take on the cost of building and maintaining much-needed new open space on those lands to support and accommodate future population growth and reduce greenhouse gas emissions. -(i) San Francisco has already demonstrated the viability of open-space uses under Caltrans freeways through various completed and successful projects. In the Mission Bay Area, San Francisco operates several recreational uses under Interstate 280, including volleyball and basketball courts, as well as pedestrian walkways. In the SoMa West area under the Route 101 Central Freeway, San Francisco leased two Caltrans parcels and built a very popular dog park and skatepark. The leases for these projects, which San Francisco negotiated carefully in partnership with Caltrans, could serve as models for a framework of more financially feasible open-space projects. -(j) With an under-freeway open-space framework in place, San Francisco could more readily meet its SB 375 goals. If this lower land cost opportunity was established, the under-freeway open-space projects could become financially feasible and San Francisco would be able to localize the decisionmaking process for these new open-space uses. This would allow San Francisco the flexibility to coordinate and plan locally and to more comprehensively plan to accommodate future population growth and reduce greenhouse gas emissions. -SEC. 2. -Section 104.16 of the Streets and Highways Code is amended to read: -104.16. -(a) (1) Any airspace under a freeway, or real property acquired for highway purposes, in the City and County of San Francisco, that is not excess property, may be leased by the department to the city and county or a political subdivision of the city and county or a state agency for purposes of an emergency shelter or feeding program. -(2) Any airspace under or adjacent to a freeway, or other real property acquired for highway purposes, in the City and County of San Francisco, which is not excess property and is within a priority development area, shall be leased on a first right of refusal basis by the department to the city and county, a political subdivision of the city and county, or a state agency for park, recreational, or open-space purposes. -(b) (1) The lease amount for emergency shelter or feeding programs shall be for one dollar ($1) per month. -(2) For up to 10 parcels, the lease amount for park, recreational, or open-space purposes shall be 10 percent or less of the average fair market lease value of the applicable parcel. -(3) With respect to a lease for an emergency shelter or feeding program or for park, recreational, or open-space purposes, the lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease. -(c) In the case of a lease for park, recreational, or open-space purposes, the lease shall require the lessee to fund and construct associated infrastructure, and to accept full responsibility for liability associated to the uses, except as otherwise provided in the lease. The lease shall require the lessee to be responsible for all nonhighway-related maintenance costs associated with those uses, except as otherwise provided in the lease. The lease shall authorize the lessee, at its discretion, to subsidize its associated maintenance costs through generation of revenue under a limited revenue generation model, such as from retail use located on or contiguous to the leased property, if any revenues generated that exceed the associated maintenance costs are shared with the state, at a rate not less than 50 percent of those excess revenues, with that amount to be deposited in the State Highway Account. -(d) As used in this section, “priority development area” means -a neighborhood within walking distance of frequent transit service that offers a wide variety of housing options and that features various amenities, including grocery stores, community centers, open space, and restaurants. -an area identified in a sustainable communities strategy -developed pursuant to Section 65080 of the Government Code. -(e) The Legislature finds and declares that the lease of real property pursuant to this section serves a public purpose.","Existing law provides that the Department of Transportation has full possession and control of the state highway system, including associated property. Existing law authorizes the department to lease certain property, including the area above or below a state highway, and certain property held for future highway purposes, to public agencies under specified terms and conditions, including specific provisions governing leases of airspace and other property in the City and County of San Francisco for purposes of an emergency shelter or feeding program, at a lease cost of $1 per month and payment of an administrative fee not to exceed $500 per year. -This bill would revise the provisions governing leases of department property in the City and County of San Francisco to also authorize leases of property for park, recreational, or open-space purposes, subject to certain additional terms and conditions. These park, recreational, and open-space leases would be subject to a requirement for the department to lease property located within a priority development area, as defined, to the city and county on a right of first refusal basis and, for up to 10 parcels, at a specified below market value lease amount, and a requirement for the lessee to be responsible for all associated nonhighway maintenance costs. The bill would provide for the lease to authorize the lessee to subsidize its maintenance costs through a limited revenue generation model, with any revenues generated above the maintenance costs to be shared with the state, as specified.","An act to amend Section 104.16 of the Streets and Highways Code, relating to state highways." -1110,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 7.5 (commencing with Section 18781) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: -Article 7.5. Type 1 Diabetes Research Fund -18781. -(a) Any individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Type 1 Diabetes Research Fund established by Section 18782. -(b) The contribution shall be in full dollar amounts and may be made individually by each signatory on the joint return. -(c) A designation under subdivision (a) shall be made for any taxable year on the original return for that taxable year, and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made. -(d) (1) The Franchise Tax Board shall revise the form of the return to include a space labeled “Type 1 Diabetes Research Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to conduct the activities of an authorized diabetes research organization. -(2) Notwithstanding any other law, a voluntary contribution designation for the Type 1 Diabetes Research Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available, whichever occurs first. -(e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a). -18781.5. -For purposes of this article: -(a) An “authorized diabetes research organization” means either: -(1) A university, located within the state, with a research program. -(2) A nonprofit charitable organization exempt from federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code that engages in research. -(b) “Research” shall include, but not be limited to, expenditures to develop and advance the understanding, techniques, and modalities effective in the cure, screening, and treatment of type 1 diabetes. -18782. -There is hereby established in the State Treasury the Type 1 Diabetes Research Fund to receive contributions made pursuant to Section 18781. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18781 to be transferred to the Type 1 Diabetes Research Fund. The Controller shall transfer from the Personal Income Tax Fund to the Type 1 Diabetes Research Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18781 for payment into that fund. -18783. -All moneys transferred to the Type 1 Diabetes Research Fund pursuant to Section 18782, upon appropriation by the Legislature, shall be allocated as follows: -(a) To the Franchise Tar 1 of the second calendar year and each subsequent calendar year that the Type 1 Diabetes Research Fund appears on the tax return, the Franchise Tax Board shall do both of the following: -(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. -(B) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. -(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. -(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the Type 1 Diabetes Research Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c). -(c) For each calendar year, beginning with the third calendar year after the first appearance of the Type 1 Diabetes Research Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows: -(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. -(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.","Under existing law, taxpayers are allowed to contribute amounts in excess of their personal income tax liability for the support of various funds. Existing law also contains administrative provisions that are generally applicable to voluntary contributions. -This bill would allow a taxpayer to designate an amount in excess of personal income tax liability to be deposited to the Type 1 Diabetes Research Fund, which the bill would create. The bill would require moneys transferred to the Type 1 Diabetes Research Fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller, as provided, and to the University of California for distribution of grants to authorized diabetes research organizations, as defined, for the purpose of type 1 diabetes research, as provided.","An act to add and repeal Article 7.5 (commencing with Section 18781) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, relating to taxation." -1111,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) More universal participation in postsecondary education in California is of vital public interest to ensure an informed citizenry, a functional democracy, a vibrant workforce, and a leading 21st century economy. -(b) Communities of color now comprise the new majority of California high school pupils. As cited by the University of California in an amicus brief filed in Fisher v. University of Texas, in 2012 high school graduates were 46.2 percent Latino, 30.5 percent white, 13.6 percent Asian or Pacific Islander, 6.7 percent African American, and 0.7 percent Native American. -(c) Despite outreach programs and other efforts, historically disadvantaged groups remain underrepresented. These groups include communities of color, immigrants, LGBTQ students, individuals from low-income and working class communities,access to higher education. This latter goal made California unique among the states and led to the creation of the most prominent higher education system in the nation and the world, a model that was replicated and revered. Undergirding this system and essential to its success was the commitment of California’s investment. Today, that commitment has changed as state resources that could have been made available for higher education have increasingly been dedicated to incarceration. According to the Public Policy Institute of California, from 2003 to 2010, inclusive, California’s prison population grew only 1 percent, while general fund expenditures on corrections increased by 26 percent. -(g) The Public Policy Institute of California projects that the state will fall short about 1,100,000 college graduates who will be in economic demand by 2030 if enrollment and graduation rates do not increase, and that highly educated workers from outside California are unlikely to fill this gap. -(h) Since 2012, when the California Postsecondary Education Commission was defunded, California has lacked a coordinating body for postsecondary education. The absence of such a body has reduced the ability of the state to effectively develop long-term plans for public postsecondary education and to fully engage with the public in the development of such plans. -(i) The Governor has acknowledged the well-established need for coordinating and guiding state higher education policy and has encouraged higher education stakeholders to explore alternative ways to more effectively improve coordination and development of higher education policy. -(j) Given this, and to ensure full and equitable accessibility to higher and postsecondary education, California must create and fund a Blue Ribbon Commission on Public Postsecondary Education to develop a written plan to ensure that public universities and colleges in California are tuition-free and affordable to all students, including low-income and underrepresented students, and have the capacity to provide universal participation for all high school graduates by the year 2030. -SEC. 2. -Chapter 11.1 (commencing with Section 66910) is added to Part 40 of Division 5 of Title 3 of the Education Code, to read: -CHAPTER 11.1. Blue Ribbon Commission on Public Postsecondary Education -66910. -(a) There is hereby created the Blue Ribbon Commission on Public Postsecondary Education. The purpose of the commission is to make recommendations on improving access to and affordability in postsecondary education for Californians. -(b) (1) There shall be nine public members of the commission, who shall be California residents who are community leaders, business leaders, and others knowledgeable in the area of postsecondary education. The nine public members shall be representative of the cultural, ethnic, racial, and geographic diversity of the state. The members are as follows: -(A) Three members from the public appointed by the Governor. -(B) Three members from the public appointed by the Senate Committee on Rules. -(C) Three members from the public appointed by the Speaker of the Assembly. -(2) The Governor may designate any one of the nine members appointed to the commission to serve as temporary chairperson of the commission for its first meeting. The first order of business of the commission shall be to elect a permanent chairperson. -(c) Commission meetings are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). -(d) Members of the commission shall serve without compensation, but shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties as members. -(e) No person who is employed or retained by any public or private postsecondary educational institution shall be appointed to or serve on the commission. No person who is a spouse or domestic partner of an employee, an officer, or retained by a public or private postsecondary educational institution shall be appointed to serve on the commission. -(f) (1) There shall be an office titled the Office of the Blue Ribbon Commission on Public Postsecondary Education. The office shall do all of the following: -(A) Implement the duties and directives of the commission. -(B) Consult with the higher education segments and stakeholders, as appropriate, in the conduct of its duties and responsibilities. -(2) The office may request and receive information necessary to conduct its business, from the higher education segments, the Department of Finance, the Legislative Analyst’s Office, and the Student Aid Commission. -(3) For purposes of this subdivision, “higher education segments” means the segments described in Section 66010.95. Higher education stakeholders include, but are not necessarily limited to, postsecondary faculty, staff, and students, K–12 representatives, representatives of the business community, representatives of labor, representatives of community-based organizations, and nonprofit organizations. -(g) (1) The office shall be established in state government, and shall be under the direct control of an executive director. -(2) The commission shall appoint the executive director at a salary that shall be fixed pursuant to Section 12001 of the Government Code. -(3) The commission shall select and designate a state administrative agency to carry out the personnel, contractual, and all other fiscal services required by the commission. -(h) The duties of the commission shall include, but need not be limited to, the review of relevant reports by the University of California, the California State University, the Board of Governors of the California Community Colleges, the Student Aid Commission, the Department of Finance, the Legislative Analyst’s Office, foundations or nonprofit organizations, the California Postsecondary Education Commission, or any other reports the commission deems appropriate. -(i) The commission shall conduct a series of at least 10 public hearings specifically focused on the needs of and seeking input from African Americans, Native Americans, Latinos, Asian Americans, Pacific Islanders, boys and men of color, undocumented immigrants, LGBTQ students, and other underserved or underrepresented groups in public postsecondary education. The hearings shall be held in geographically diverse regions of the state to solicit testimony of individuals, public interest groups, alumni organizations, or any other interested private groups and organizations as well as professors, administrators, students, representatives from historically underrepresented groups in public higher education, and others who are directly affected for the purpose of soliciting the input of these groups in the formulations of the commission’s recommendations. -(j) In addition, the commission shall, at a minimum, study, analyze, issue written recommendations, and report to the Legislature and to the Governor on all of the following: -(1) Establishing the need to create a public postsecondary education system that ensures universal access with the capacity to support universal participation of all high school graduates in California. -(2) Identifying the current enrollment capacity in public postsecondary education as compared to the enrollment capacity needed in public postsecondary education to ensure universal access and universal participation for all high school graduates in California. -(3) Identifying the enrollment slots needed to ensure the state’s public postsecondary education system can graduate an additional 1,100,000 California residents by 2030 to meet the economic demands of the state. -(4) Determining the number of additional campuses needed, if any, in each of the public postsecondary education segments to accommodate the additional enrollment demands described in paragraphs (1) to (3), inclusive. The commission shall consider geographic areas of the state where a significant demand for public postsecondary educational services is not being met by current campuses and programs. -(5) Ensuring that enrollments in public postsecondary institutions reflect the ethnic and racial diversity of California high school pupils and high school graduates. The commission shall identify admission criteria, student outreach, student preparation, student retention, and other mechanisms that can promote this diversity. -(6) Ensuring equity for historically disadvantaged and underrepresented groups that include, but are not limited to, communities of color, documented and undocumented immigrants, individuals from low-income and working-class backgrounds, LGBTQ people, and others with unique needs. -(7) Determining the amount of increased investments in public postsecondary education necessary to support a mission of universal access and participation of all Californians. The increased investments shall take into account the additional resources needed to support the recommendations pursuant to paragraphs (2) to (6), inclusive. These recommendations shall identify expenditure requirements to support this objective and recommend additional revenue sources to finance this mission. -(8) The resources required to create an affordable and tuition-free education system in the California public postsecondary environment, with a first priority on supporting those students with the lowest incomes and least financial resources. This task shall include an analysis of not only tuition and fees, but a focus on additional college costs, such as books and supplies, food, housing, transportation, loan fees, child and dependent care, and other costs. The analysis shall incorporate the availability of federal, state, and campus-based financial aid efforts to offset these additional college costs to determine the extra resources needed to support all low-income and underrepresented California resident students. -(k) The commission shall publish its report by March 31, 2018. The report shall be transmitted to the fiscal and education policy committees of the Legislature, the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, the Director of Finance, and the Governor. Copies of the report shall be posted on the Governor’s Internet Web site. -(l) The office shall close no later than June 30, 2018. -66911. -This chapter shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. -SEC. 3. -Upon the repeal of Section 66910 of the Education Code, all of the documents and working papers of the Blue Ribbon Commission on Public Postsecondary Education shall become the property of the State Archives. -SECTION 1. -It is the intent of the Legislature to explore alternative ways to improve affordability, accessibility, coordination, and development of higher education policy that are consistent with the interest of the people and State of California. -SEC. 2. -Section 66010.6 of the -Education Code -is repealed.","Existing law, the Donahoe Higher Education Act, sets forth the missions and functions of the 4 segments comprising the state’s postsecondary education system. These segments are the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, the California Community Colleges, administered by the Board of Governors of the California Community Colleges, and independent institutions of higher education. -A provision of the act sets forth the missions of specified agencies charged with coordination, administration, or implementation of higher education policies and programs. -This bill would -delete this provision, and would express the intent of the Legislature to explore alternative ways to improve affordability, accessibility, coordination, and development of higher education policy that are consistent with the interest of the people and State of California. -establish the 9-member Blue Ribbon Commission on Public Postsecondary Education, and specify its membership and duties. The bill would require the commission to publish a report on designated subjects and submit this report to designated governmental entities by March 31, 2018. The bill would require the Office of the Blue Ribbon Commission on Public Postsecondary Education to close on June 30, 2018, and would repeal the provisions of the bill on January 1, 2019. The bill would require, upon that repeal, all of the documents and working papers of the commission to become the property of the State Archives.","An act to -repeal Section 66010.6 -add and repeal Chapter 11.1 (commencing with Section 66910) of Part 40 of Division 5 of Title 3 -of the Education Code, relating to postsecondary education." -1112,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) California is experiencing its worst water shortage crisis in modern history and increasing the use of recycled water, a supply that is not dependent on precipitation, is critical to increasing the flexibility of, and expanding, the state’s available water supply. -(b) The pressures on the Bay-Delta ecosystem, climate change, and continuing population growth have increased the challenges to the state in providing clean water needed for a healthy population and economy. -(c) Recycled water has been beneficially used in California for the past century for a variety of purposes, including agriculture, landscape irrigation, seawater barrier, industrial purposes, and groundwater recharge. -(d) Recycled water can significantly stretch California’s potable water supplies and help increase local water supply reliability. Currently, more than 3.5 million acre-feet of recyclable water is discharged annually to the ocean. -(e) The Assembly Committee on Water, Parks, and Wildlife, in March 2012, reported that the level of water supplies that could potentially be derived from recycled water is substantial. -(f) The National Academy of Sciences, in Water Reuse: Potential for Expanding the Nation’s Water Supply Through Reuse of Municipal Wastewater, states that “in the U.S. approximately 12 billion gallons of municipal wastewater effluent is discharged each day to an ocean or estuary and that reusing these coastal discharges could directly augment public supplies by 27 percent.” -(g) The National Academy of Sciences further found that, unlike water that is discharged into a stream and potentially used by another downstream party, water discharged to the ocean is considered “‘irrecoverable’ and thus constitutes ‘new supply.’” -(h) In 2010, the State Water Resources Control Board adopted a recycled water policy for California with a goal of creating an additional 2.5 million acre-feet of recycled water by 2030. -(i) The delivery of shovel-ready recycled water projects can provide immediate drought relief to California’s struggling communities. -(j) Recycled water projects could and should be expedited by providing relief from the time consuming provisions of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), while still complying with all state and local laws and providing notice to the public and appropriate local and state agencies. -SEC. 2. -Section 21080.21.5 is added to the Public Resources Code, to read: -21080.21.5. -(a) This division does not apply to a project of less than eight miles in length within a public street, highway, or right-of-way for the construction and installation of a new recycled water pipeline, or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing recycled water pipeline. -(b) For the purposes of this section, “pipeline” means subsurface pipelines and subsurface or surface accessories or appurtenances to a pipeline, such as mains, traps, vents, cables, conduits, vaults, valves, flanges, manholes, and meters. -(c) For a project described in subdivision (a), the lead agency shall do all of the following: -(1) Before determining the applicability of this section to a project, hold a noticed public hearing to consider and adopt mitigation measures for potential traffic impacts of the project. -(2) File a notice of exemption of the project from this division with the Office of Planning and Research and in the office of the county clerk of each county in which the project is located within 20 days of the approval of the project. The county clerk shall post the notice within 24 hours of receipt. -(3) Ensure that the overlaying property owner has given permission to access the property, in the case of a right-of-way over private property, if access is not granted in the express terms of the right-of-way. -(4) Ensure the restoration of the public street, highway, or right-of-way to a condition consistent with all applicable local laws or regulations, or a negotiated agreement. -(d) The project applicant shall comply with all applicable laws and regulations, including Chapter 3 (commencing with Section 60301) of Division 4 of Title 22 of the California Code of Regulations. -(e) This section does not apply to any of the following: -(1) A project that is a part of a larger project for the construction and installation of a new recycled water pipeline, or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing recycled water pipeline, that exceeds the length limitation set forth in subdivision (a). -(2) A project that is adjacent to another project for which a claim of exemption pursuant to this section has been made. -(3) A project that is located in a resource area, such as a park, open space, protected habitat area, or lands subject to a conservation easement. -(4) A project for which an excavation activity that is more than one-half mile in length at any one time will be undertaken. -(f) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.","The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts specified pipeline projects from the above requirements. -This bill would, until January 1, 2020, additionally exempt from CEQA a project for the construction and installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline, not exceeding 8 miles in length, for the distribution of recycled water within a public street, highway, or right-of-way and would require the lead agency to undertake specified activities, including the filing of a notice of exemption for the project with the Office of Planning and Research and the office of the county clerk of each county in which the project is located. The bill would require the lead agency, before determining the applicability of the exemption, to hold a noticed public hearing to consider and adopt mitigation measures for potential traffic impacts of the project. Because the lead agency would be required to determine whether a project qualifies for that exemption, and undertake specified activities, this bill would impose a state-mandated local program. The bill would require the county clerk to post the notice of exemption within 24 hours of receipt, thereby imposing a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add and repeal Section 21080.21.5 of the Public Resources Code, relating to environmental quality." -1113,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 17 (commencing with Section 50897) is added to Part 2 of Division 31 of the Health and Safety Code, to read: -CHAPTER 17. Workforce -HousingPilot -Housing Pilot -Program -50897. -It is the intent of the Legislature in enacting this chapter to ensure that funds allocated to eligible recipients and administered by the Department of Housing and Community Development be of maximum benefit in meeting the needs of persons and families of low or moderate income. It is the intent of the Legislature to support Californians residing in areas where housing prices have risen to levels that are unaffordable. The Legislature intends that these funds be provided to eligible recipients in areas that are experiencing a rise in home prices and rental prices so that they may assist individuals who are not able to live where they work. -50897.1. -As used in this chapter: -(a) “Eligible recipient” means any of the following: -(1) A city that resides within a county that is defined by the United States Department of Housing and Urban Development as a “high-cost” county. -(2) A city that does not reside within a county that is defined by the United States Department of Housing and Urban Development as a “high-cost” county but has been determined by the department to be experiencing a rise in home prices and rental prices such that persons and families of low or moderate income are unable to live where they work. -(3) A charitable nonprofit organization organized under Section 501(c)(3) of the Internal Revenue Code that has created and is operating or will operate a housing trust fund and that applies jointly with a city described in this subdivision. -(b) “Notice of funding availability” or “NOFA” means a public announcement that an estimated amount of funding will be awarded by a department program according to specified criteria and schedules. -(c) “Persons and families of low or moderate income” means persons and families whose incomes do not exceed 120 percent of the area median income, adjusted for family size. -(d) “Department” means the Department of Housing and Community Development. -50897.2. -(a) There is hereby established the Workforce Housing Pilot Program. -(b) Subject to the appropriation of funds for purposes of this chapter, the department shall award grant funding pursuant to the issuance of a notice of funding availability (NOFA) to eligible recipients that apply for financing. The department shall determine the appropriate amount of the grant for the purposes of accomplishing the intent of the Legislature. -(c) An eligible recipient shall do all of the following: -(1) Use the grant funds awarded to it for the predevelopment costs, acquisition, construction, or rehabilitation of rental housing projects or units within rental housing projects that serve persons and families of low or moderate income. The affordability of all units assisted shall be restricted for a period of at least 55 years. -(2) Hold a public hearing to discuss and describe the project that will be financed pursuant to this chapter. The meeting shall be held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). If a charitable nonprofit organization described in paragraph (3) of subdivision (a) is awarded grant funds pursuant to this chapter, the city that applied jointly with the charitable nonprofit organization shall hold the public hearing. -(3) File periodic reports with the department regarding the use of grant funds provided pursuant to this chapter. -(d) (1) An eligible recipient may use the grant funds to provide downpayment assistance to persons and families of low or moderate income. -(2) The department shall set limits on the amount of downpayment assistance that may be provided pursuant to paragraph (1) in order to maximize the use of the grant funds. -(e) (1) All grant funds awarded pursuant to this chapter shall be matched on a dollar-for-dollar basis. -(2) -(A) -Paragraph (1) shall not apply to an eligible recipient that is suffering a hardship and is unable to generate the matching funds. -(B) An eligible recipient shall demonstrate the hardship to the Department of Finance, and the Department of Finance shall determine whether the eligible recipient is suffering a hardship. The eligible recipient shall submit any information requested by the Department of Finance for purposes of determining whether a hardship exists. -(f) On or before December 31 of each year in which funds are awarded pursuant to this chapter, the department shall provide a report to the Legislature regarding the number of grants awarded, a description of the projects funded, the number of units funded, and the amount of matching funds received. -(g) The program shall operate until all appropriated funds have been awarded. -(h) (1) Upon the depletion of appropriated funds and the termination of the pilot program pursuant to subdivision (g), the department shall submit a report to the Assembly and Senate committees on appropriations. The report shall evaluate the need for housing of persons and families of low or moderate income in areas that received grant funds pursuant to this chapter. The report shall also include, but not be limited to, a recommendation on whether the pilot program should continue. -(2) The requirement for submitting a report imposed under this subdivision is inoperative four years after the report becomes due. -(i) The reports to be submitted pursuant to subdivisions (f) and (h) shall be submitted in compliance with Section 9795 of the Government Code.","Existing law, among several affordable housing programs, establishes the Local Housing Trust Fund Matching Grant Program, administered by the Department of Housing and Community Development, for the purpose of supporting local housing trust funds dedicated to the creation or preservation of affordable housing. Existing law authorizes the department to make matching grants available to cities and counties, or a city and county, and existing charitable nonprofit organizations that have created, funded, and operated housing trust funds. -This bill would create the Workforce Housing Pilot Program, pursuant to which the department, subject to the appropriation of funds for that purpose, would award grant funding to eligible recipients, as defined, for the predevelopment costs, acquisition, construction, or rehabilitation of rental housing projects or units within rental housing projects that serve, and for providing downpayment assistance to, persons and families of low or moderate income. The bill would require all grant funds to be matched on a dollar-for-dollar basis, unless the eligible recipient is suffering a hardship and is unable to generate the matching funds. -The bill would require the Department of Finance to determine whether an eligible recipient is suffering a hardship. -The bill would require the -department, -Department of Housing and Community Development, -on or before December 31 of each year in which grant funds are awarded, to provide a report to the Legislature regarding the number of grants awarded, a description of the projects funded, the number of units funded, and the amount of matching funds received. The bill would require the pilot program to operate until all appropriated funds have been awarded. The bill, upon the depletion of appropriated funds, would require the department to submit a report to the Assembly and Senate committees on appropriations evaluating the need for housing of persons and families of low or moderate income in areas that received grant funds and a recommendation on whether the pilot program should continue.","An act to add Chapter 17 (commencing with Section 50897) to Part 2 of Division 31 of the Health and Safety Code, relating to housing." -1114,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 116700 of the Health and Safety Code is amended to read: -116700. -(a) Within 30 days after service of a copy of an order issued by the state board, an aggrieved party may file with the superior court a petition for a writ of mandate for review of the order. -(b) In every case, the court shall exercise its independent judgment on the evidence. -(c) Except as otherwise provided in this section, subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure shall govern proceedings pursuant to this section. -(d) If no aggrieved party petitions for a writ of mandate within the time provided by this section, the decision or order of the state board is not subject to review by any court. -SEC. 2. -Section 13321 of the Water Code is amended to read: -13321. -(a) (1) In the case of a review by the state board under Section 13320 or review by the state board of a decision or order issued under authority delegated to an officer or employee of the state board where the state board by regulation has authorized a petition for reconsideration, the state board, upon notice and hearing, if a hearing is requested, may stay in whole or in part the effect of the decision or order of a regional board or of the state board. Except as provided in paragraph (2), the state board shall issue or deny the stay within 90 days of receipt of a request for stay that complies with the applicable regulations for requesting a stay. The party requesting the stay may extend the 90-day period. -(2) (A) If the request for stay relates to either of the following, the state board shall issue or deny the stay within 45 days of receipt of a request for stay that complies with the applicable regulations for requesting the stay: -(i) A water quality certification issued under Section 13160 authority delegated to an officer or employee of the state board for a discharge for a proposed activity associated with a hydroelectric facility and the proposed activity requires a license or an amendment to a license issued by the Federal Energy Regulatory Commission. -(ii) A cleanup and abatement order issued under Section 13304 authority delegated to an officer or employee of the state board or a regional board that requires the provision of alternate water supplies within 120 days of the date of the order. -(B) The party requesting a stay may extend the 45-day period described in subparagraph (A). -(3) If the state board fails to issue or deny the stay within the applicable period specified in paragraph (1) or (2), the request for stay shall be deemed denied on the first day following the applicable period. -(b) (1) Within 30 days of any order of the state board issuing or denying a stay or within 30 days of a stay being deemed denied pursuant to paragraph (3) of subdivision (a), any aggrieved party may file with the superior court a petition for writ of mandate for review of the state board’s order issuing or denying a stay or failure to issue or deny a stay. -(2) (A) Except as otherwise provided in this section, Section 1094.5 of the Code of Civil Procedure shall govern proceedings for which petitions are filed under this section. -(B) If the superior court finds that the state board failed to follow the procedures specified in subdivision (a) or otherwise prejudicially abused its discretion, the superior court may set aside the state board’s order issuing or denying the stay and may stay, in whole or in part, the effect of the decision or order of a regional board or of the state board pending review by the state board. -(C) Notwithstanding subparagraph (A) or (B), if a request for stay is subject to paragraph (2) of subdivision (a), the superior court may proceed without a certified administrative record and may stay, in whole or in part, the effect of the order or decision issued under delegated authority pending the state board’s review of the order or decision, however, no such stay shall be imposed if the court is satisfied that it is against the public interest. -(3) In an action under this section or Section 13330 involving a water quality certification issued pursuant to Section 13160, the court shall not issue a stay or other order that enjoins or has the effect of preventing the state board from taking action necessary to avoid a waiver of water quality certification for failure to act within the period provided under federal law. In determining whether there is a risk of waiver, the court shall consider the applicable regulations or policies of the federal agency issuing the permit or license subject to the water quality certification. -(c) If the state board or the superior court grants a stay under this section, the stay may be made effective as of the effective date of the regional board or state board decision or order. -(d) If a petition is filed with the superior court under Section 13330, any stay in effect at the time of the filing of the petition shall remain in effect by operation of law for a period of 20 days from the date of the filing of that petition. -SEC. 3. -Section 13330 of the Water Code is amended to read: -13330. -(a) Not later than 30 days from the date of service of a copy of a decision or order issued by the state board under this division, other than a decision or order issued pursuant to Article 7 (commencing with Section 13550) of Chapter 7, any aggrieved party may file with the superior court a petition for writ of mandate for review of the decision or order. An aggrieved party must file a petition for reconsideration with the state board to exhaust that party’s administrative remedies only if the initial decision or order is issued under authority delegated to an officer or employee of the state board and the state board by regulation has authorized a petition for reconsideration. The state board shall order or deny reconsideration on a petition therefor not later than 90 days from the date the state board adopts the decision or order. -(b) A party aggrieved by a final decision or order of a regional board subject to review under Section 13320 may obtain review of the decision or order of the regional board in the superior court by filing in the court a petition for writ of mandate not later than 30 days from the date on which the state board denies review. -(c) The time for filing an action or proceeding subject to Section 21167 of the Public Resources Code for a person who seeks review of the regional board’s decision or order under Section 13320, or who seeks reconsideration under a state board regulation authorizing a petition for reconsideration, shall commence upon the state board’s completion of that review or reconsideration. -(d) If no aggrieved party petitions for writ of mandate within the time provided by this section, a decision or order of the state board or a regional board shall not be subject to review by any court. -(e) Except as provided in this section, Section 1094.5 of the Code of Civil Procedure shall govern proceedings for which petitions are filed pursuant to this section. For the purposes of subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the court shall exercise its independent judgment on the evidence in any case involving the judicial review of a decision or order of the state board issued under Section 13320, or a decision or order of a regional board for which the state board denies review under Section 13320, other than a decision or order issued under Section 13323. -(f) Except as provided in this section, no legal or equitable process shall issue in any proceeding in any court against the state board, a regional board, or any officer of the state board or a regional board to review, prevent, or enjoin any adjudicative proceeding under this division. Except as provided in this section and Section 13321, no legal or equitable process shall issue in any proceeding in any court against the state board, a regional board, or any officer or employee of the state board or a regional board to review, prevent, or enjoin a decision or order by the state board, a regional board, or any officer or employee of the state board or a regional board before a decision or order is issued and the procedures for administrative review of that decision or order have been exhausted. -(g) A party aggrieved by a decision or order issued by the state board under Article 7 (commencing with Section 13550) of Chapter 7 may petition for reconsideration or judicial review in accordance with Chapter 4 (commencing with Section 1120) of Part 1 of Division 2. -(h) For purposes of this section, a decision or order includes a final action in an adjudicative proceeding and an action subject to Section 11352 of the Government Code, but does not include an action subject to Section 11353 of the Government Code or the adoption, amendment, or repeal of a regulation under Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. -SEC. 4. -Section 13361 of the Water Code is amended to read: -13361. -(a) Every civil action brought under the provisions of this division at the request of a regional board or the state board shall be brought by the Attorney General in the name of the people of the State of California and any of those actions relating to the same discharge may be joined or consolidated. -(b) Any civil action brought pursuant to this division shall be brought in a county in which the discharge is made, or proposed to be made. However, any action by or against a city, city and county, county, or other public agency shall, upon motion of either party, be transferred to a county or city and county not a party to the action or to a county or city and county other than that in which the city or public agency is located. -(c) In any civil action brought pursuant to this division in which a regional board or the state board seeks a temporary restraining order, preliminary injunction, or permanent injunction, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued, or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without those allegations and proof.","(1) Existing law, the Porter-Cologne Water Quality Control Act, within 30 days of any action or failure to act by a California regional water quality control board under specified law, authorizes an aggrieved person to petition the State Water Resources Control Board to review that action or failure to act. Existing law authorizes the state board, in the case of such a review, upon notice and hearing, if a hearing is requested, to stay in whole or in part the effect of the decision and order of a regional board or of the state board. -This bill would expand that provision to authorize the state board to issue a stay in the case of review by the state board of a decision or order issued under authority delegated to an officer or employee of the state board where the state board by regulation has authorized a petition for reconsideration by the state board. The bill would generally require the state board to issue or deny the stay within 90 days of receipt of a request for stay, as specified, and would deem the request for stay denied if the state board fails to issue or deny the stay within the prescribed applicable period. The bill would authorize any aggrieved party, within 30 days of any order of the state board issuing or denying a stay or within 30 days of a stay being deemed denied, to file with the superior court a petition for writ of mandate and would specify the law that governs those proceedings. -The act authorizes an aggrieved party to file with the superior court a petition for writ of mandate for review of a decision or order issued by the state board or a regional board, and requires those proceedings to be governed by specified law. Existing law, except as specified, requires the court to exercise its independent judgment on the evidence in cases involving the judicial review of a decision or order of the state board, or a decision or order of a regional board for which the state board denies review under the act. -This bill would require the state board to order or deny reconsideration on a petition not later than 90 days from the date the state board adopts the decision or order. The bill, except as specified, would prohibit any legal or equitable process from issuing in any proceeding in any court against the state board, a regional board, or any officer or employee of the state board or a regional board to review, prevent, or enjoin any adjudicative proceeding under the act, or a decision or order by the state board, a regional board, or any officer or employee of the state board or a regional board before a decision or order is issued and the procedures for administrative review of that decision or order have been exhausted. -(2) Existing law, the California Safe Drinking Water Act, requires the state board to administer provisions relating to the regulation of drinking water to protect public health. The state board’s duties include, but are not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, and adopting and enforcing regulations. Existing law requires the state board to appoint a deputy director to oversee the issuance and enforcement of public water system permits and delegates certain authorities of the state board to the deputy director. The act authorizes the deputy director to issue an order directing certain actions whenever the deputy director determines that a person has violated or is violating the act, or any permit, regulation, or standard issued or adopted pursuant to the act. The act authorizes an aggrieved party 30 days after service of a copy of the order or decision to file with the superior court a petition for a writ of mandate for review of the order or decision. The act requires that the evidence before the court consist of all relevant evidence that, in the judgment of the court, should be considered to effectuate and implement the act and requires, in every case, the court to exercise its independent judgment on the evidence. The act prohibits a failure to file an action from precluding a party from challenging the reasonableness and validity of the decision or order in specified judicial proceedings. -This bill would provide that a decision or order of the state board is not subject to review by any court if no aggrieved party petitions for a writ of mandate within 30 days after service of a copy of an order or decision issued by the state board. The bill would eliminate the requirement that the evidence before the court consist of all relevant evidence that, in the judgment of the court, should be considered to effectuate and implement the act.","An act to amend Section 116700 of the Health and Safety Code, and to amend Sections 13321, 13330, and 13361 of the Water Code, relating to the State Water Resources Control Board." -1115,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11320.1 of the Welfare and Institutions Code is amended to read: -11320.1. -Subsequent to the commencement of the receipt of aid under this chapter, the sequence of employment-related activities required of recipients under this article, unless exempted under Section 11320.3, shall be as follows: -(a) Orientation and appraisal.Recipients shall, and applicants may, at the option of a county and with the consent of the applicant, receive orientation to the welfare-to-work program provided under this article and receive appraisal pursuant to Section 11325.2. -(b) After orientation and appraisal, recipients shall participate in job search and job club pursuant to Section 11325.22, family stabilization pursuant to Section 11325.24, a high school equivalency program pursuant to Section 11325.3, or substance abuse, mental health, or domestic violence services, unless the county determines that the recipient should first go to assessment pursuant to subdivision (c). -(c) Assessment. If employment is not found during the period provided for pursuant to subdivision (b), or at any time the county determines that participation in job search for the period specified in subdivision (a) of Section 11325.22 is not likely to lead to employment or that, based on information gathered during the appraisal, further information is needed to make an effective determination regarding the recipient’s next welfare-to-work activity, the recipient shall be referred to assessment, as provided for in Section 11325.4. Following assessment, the county and the recipient shall develop a welfare-to-work plan, as specified in Section 11325.21. The plan shall specify the activities provided for in Section 11322.6 to which the recipient shall be assigned, and the supportive services, as provided for pursuant to Section 11323.2, with which the recipient will be provided. -(d) Work activities. A recipient who has signed a welfare-to-work plan pursuant to Section 11325.21 shall participate in work activities, as described in this article. -SEC. 2. -Section 11322.6 of the Welfare and Institutions Code is amended to read: -11322.6. -The welfare-to-work plan developed by the county welfare department and the participant pursuant to this article shall provide for welfare-to-work activities. Welfare-to-work activities may include, but are not limited to, any of the following: -(a) Unsubsidized employment. -(b) Subsidized private sector employment. -(c) Subsidized public sector employment. -(d) Work experience, which means public or private sector work that shall help provide basic job skills, enhance existing job skills in a position related to the participant’s experience, or provide a needed community service that will lead to employment. Unpaid work experience shall be limited to 12 months, unless the county welfare department and the recipient agree to extend this period by an amendment to the welfare-to-work plan. The county welfare department shall review the work experience assignment as appropriate and make revisions as necessary to ensure that it continues to be consistent with the participant’s plan and effective in preparing the participant to attain employment. -(e) On-the-job training. -(f) (1) Grant-based on-the-job training, which means public or private sector employment or on-the-job training in which the recipient’s cash grant, or a portion thereof, or the aid grant savings resulting from employment, or both, is diverted to the employer as a wage subsidy to partially or wholly offset the payment of wages to the participant, so long as the total amount diverted does not exceed the family’s maximum aid payment. -(2) A county shall not assign a participant to grant-based on-the-job training unless and until the participant has voluntarily agreed to participate in grant-based on-the-job training by executing a voluntary agreement form, which shall be developed by the department. The agreement shall include, but not be limited to, information on the following: -(A) How job termination or another event will not result in loss of the recipient’s grant funds, pursuant to department regulations. -(B) (i) How to obtain the federal Earned Income Tax Credit (EITC), including the Advance EITC, and increased CalFresh benefits, which may become available due to increased earned income. -(ii) This subparagraph shall only become operative when and to the extent that the department determines that it reflects current federal law and Internal Revenue Service regulations. -(C) How these financial supports should increase the participant’s current income and how increasing earned income should increase the recipient’s future social security income. -(3) Grant-based on-the-job training shall include community service positions pursuant to Section 11322.9. -(4) Any portion of a wage from employment that is funded by the diversion of a recipient’s cash grant, or the grant savings from employment pursuant to this subdivision, or both, shall not be exempt under Section 11451.5 from the calculation of the income of the family for purposes of subdivision (a) of Section 11450. -(g) Supported work or transitional employment, which means forms of grant-based on-the-job training in which the recipient’s cash grant, or a portion thereof, or the aid grant savings from employment, is diverted to an intermediary service provider, to partially or wholly offset the payment of wages to the participant. -(h) Workstudy. -(i) Self-employment. -(j) Community service. -(k) Adult basic education, which shall include reading, writing, arithmetic, high school proficiency, or a high school equivalency program, and English as a second language. Participants under this subdivision shall be referred to appropriate service providers that include, but are not limited to, educational programs operated by school districts or county offices of education that have contracted with the Superintendent of Public Instruction to provide services to participants pursuant to Section 33117.5 of the Education Code. -(l) Job skills training directly related to employment. -(m) Vocational education and training, including, but not limited to, college and community college education, adult education, regional occupational centers, and regional occupational programs. -(n) Job search and job readiness assistance, which means providing the recipient with training to learn job seeking and interviewing skills, to understand employer expectations, and learn skills designed to enhance an individual’s capacity to move toward self-sufficiency, including financial management education. -(o) Education directly related to employment. -(p) Satisfactory progress in secondary school or in a course of study leading to completion of a high school equivalency program, in the case of a recipient who has not completed secondary school or a high school equivalency program, as described in Section 11325.3. -(q) Mental health, substance abuse, and domestic violence services, described in Sections 11325.7 and 11325.8, and Article 7.5 (commencing with Section 11495), that are necessary to obtain and retain employment. -(r) Other activities necessary to assist an individual in obtaining unsubsidized employment. -(s) Assignment to an educational activity identified in subdivisions (k), (m), (o), and (p) is limited to those situations in which the education is needed to become employed. -SEC. 3. -Section 11322.85 of the Welfare and Institutions Code is amended to read: -11322.85. -(a) Unless otherwise exempt, an applicant or recipient shall participate in welfare-to-work activities. -(1) For 24 cumulative months during a recipient’s lifetime, these activities may include the activities listed in Section 11322.6 that are consistent with the assessment performed in accordance with Section 11325.4 and that are included in the individual’s welfare-to-work plan, as described in Section 11325.21, to meet the hours required in Section 11322.8. These 24 months need not be consecutive. -(2) Any month in which the recipient meets the requirements of Section 11322.8, through participation in an activity or activities described in paragraph (3), shall not count as a month of activities for purposes of the 24-month time limit described in paragraph (1). -(3) After a total of 24 months of participation in welfare-to-work activities pursuant to paragraph (1), an aided adult shall participate in one or more of the following welfare-to-work activities, in accordance with Section 607(c) and (d) of Title 42 of the United States Code as of the operative date of this section, that are consistent with the assessment performed in accordance with Section 11325.4, and included in the individual’s welfare-to-work plan, described in Section 11325.21: -(A) Unsubsidized employment. -(B) Subsidized private sector employment. -(C) Subsidized public sector employment. -(D) Work experience, including work associated with the refurbishing of publicly assisted housing, if sufficient private sector employment is not available. -(E) On-the-job training. -(F) Job search and job readiness assistance. -(G) Community service programs. -(H) Vocational educational training (not to exceed 12 months with respect to any individual). -(I) Job skills training directly related to employment. -(J) Education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalence. -(K) Satisfactory attendance at a secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate. -(L) The provision of child care services to an individual who is participating in a community service program. -(b) Any month in which any of the following conditions exists shall not be counted as one of the 24 months of participation allowed under paragraph (1) of subdivision (a): -(1) The recipient is participating in job search in accordance with Section 11325.22, assessment pursuant to Section 11325.4, is in the process of appraisal as described in Section 11325.2, or is participating in the development of a welfare-to-work plan as described in Section 11325.21. -(2) The recipient is no longer receiving aid, pursuant to Sections 11327.4 and 11327.5. -(3) The recipient has been excused from participation for good cause, pursuant to Section 11320.3. -(4) The recipient is exempt from participation pursuant to subdivision (b) of Section 11320.3. -(5) The recipient is only required to participate in accordance with subdivision (d) of Section 11320.3. -(6) The recipient is participating in family stabilization pursuant to Section 11325.24, and the recipient would meet the criteria for good cause pursuant to Section 11320.3. This paragraph may apply to a recipient for no more than six cumulative months. -(7) The recipient has been participating in a high school equivalency program pursuant to Section 11325.3 for at least six months, but has not yet obtained a certificate of high school equivalency. This paragraph may apply to a recipient for no more than six cumulative months, which may be extended for no more than an additional six cumulative months based on a likelihood that the recipient will obtain his or her certificate of high school equivalency during that time period. -(c) County welfare departments shall provide each recipient who is subject to the requirements of paragraph (3) of subdivision (a) written notice describing the 24-month time limitation described in that paragraph and the process by which recipients may claim exemptions from, and extensions to, those requirements. -(d) The notice described in subdivision (c) shall be provided at the time the individual applies for aid, during the recipient’s annual redetermination, and at least once after the individual has participated for a total of 18 months, and prior to the end of the 21st month, that count toward the 24-month time limit. -(e) The notice described in this section shall include, but shall not be limited to, all of the following: -(1) The number of remaining months the adult recipient may be eligible to receive aid. -(2) The requirements that the recipient must meet in accordance with paragraph (3) of subdivision (a) and the action that the county will take if the adult recipient does not meet those requirements. -(3) The manner in which the recipient may dispute the number of months counted toward the 24-month time limit. -(4) The opportunity for the recipient to modify his or her welfare-to-work plan to meet the requirements of paragraph (3) of subdivision (a). -(5) The opportunity for an exemption to, or extension of, the 24-month time limitation. -(f) For an individual subject to the requirements of paragraph (3) of subdivision (a), who is not exempt or granted an extension, and who does not meet those requirements, the provisions of Sections 11327.4, 11327.5, 11327.9, and 11328.2 shall apply to the extent consistent with the requirements of this section. For purposes of this section, the procedures referenced in this subdivision shall not be described as sanctions. -(g) (1) The department, in consultation with stakeholders, shall convene a workgroup to determine further details of the noticing and engagement requirements for the 24-month time limit, and shall instruct counties via an all-county letter, followed by regulations, no later than 18 months after the effective date of the act that added this section. -(2) The workgroup described in paragraph (1) may also make recommendations to refine or differentiate the procedures and due process requirements applicable to individuals as described in subdivision (f). -(h) (1) Notwithstanding paragraph (3) of subdivision (a) or any other law, an assistance unit that contains an eligible adult who has received assistance under this chapter, or from any state pursuant to the Temporary Assistance for Needy Families program (Part A (commencing with Section 401) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.)) prior to January 1, 2013, may continue in a welfare-to-work plan that meets the requirements of Section 11322.6 for a cumulative period of 24 months commencing January 1, 2013, unless or until he or she exceeds the 48-month time limitation described in Section 11454. -(2) All months of assistance described in paragraph (1) prior to January 1, 2013, shall not be applied to the 24-month limitation described in paragraph (1) of subdivision (a). -SEC. 4. -Section 11325.3 is added to the Welfare and Institutions Code, to read: -11325.3. -(a) If, in the course of appraisal pursuant to Section 11325.2, it is determined that the recipient has not received his or her high school diploma or its equivalent, the recipient shall be eligible to participate in a high school equivalency program in order to complete the High School Equivalency Test, General Education Development Test, Test Assessing Secondary Completion, or any other high school equivalency test recognized by the State Department of Education. -(b) This section does not require a recipient to participate in a high school equivalency program. A recipient may choose to engage in a job club or a job search pursuant to Section 11325.22. -(c) Recipients eligible pursuant to this section shall not be required to participate in an assessment pursuant to Section 11325.4 prior to, or as a condition of, participation in a high school equivalency program.","Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using federal, state, and county funds. Existing law establishes a 48-month lifetime limit of CalWORKs benefits for eligible adults, as specified. Existing law requires a recipient of CalWORKs to participate in certain welfare-to-work activities as a condition of eligibility for 24 cumulative months, as specified, and to meet other federal requirements, as specified. Existing law provides that participation in certain activities is not counted against that 24-month period. Existing law requires the county to assign a CalWORKs recipient who lacks a high school diploma or its equivalent to participate in adult basic education, if the recipient has completed job search activities but did not find employment and the education is needed to become employed. Existing law also requires, in order for a recipient to engage in adult basic education in satisfaction of welfare-to-work requirements, the county to perform an assessment and develop a welfare-to-work plan that includes participation in the educational activity. -This bill would instead provide that if the county determines that a CalWORKs recipient has not received his or her high school diploma or its equivalent, the recipient may participate in a high school equivalency program in order to complete a high school equivalency test recognized by the State Department of Education, and that a specified amount of time participating in that activity would not count against the 24-month period described above for certain recipients. The bill would authorize a recipient to participate in a high school equivalency program in lieu of participating in a job search or job club, as specified, and would prohibit a county from requiring the recipient to participate in an assessment before the recipient may engage in a high school equivalency program in satisfaction of welfare-to-work requirements.","An act to amend Sections 11320.1, 11322.6, and 11322.85 of, and to add Section 11325.3 to, the Welfare and Institutions Code, relating to CalWORKs." -1116,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declare as follows: -(a) Currently, bail agents, as defined in Section 1802 of the California Insurance Code, pay five hundred sixty-six dollars ($566) for a two-year license and one hundred seventy dollars ($170) for a license renewal. Bail permittees, as defined in Section 1802.5 of the Insurance Code, pay one thousand one hundred thirty-four dollars ($1,134) for a two-year license and seven hundred sixteen dollars ($716) for a license renewal. Bail solicitors, as defined in Section 1803 of the Insurance Code, pay five hundred sixty-six dollars ($566) for a two-year license and one hundred seventy dollars ($170) for a license renewal. -(b) Section 12978 of the Insurance Code states that the cumulative amount that fees may be increased or decreased shall be the amount necessary to provide sufficient moneys to carry out the projected workload of the Department of Insurance. -(c) In the past five years, the seriousness and the number of bail complaints received by the department have steadily increased. -(d) Despite the fact that bail products are less than 2 percent of the insurance market, bail complaints account for roughly 10 percent of the Reports of Suspected Violation workload of the department’s Enforcement Branch. -(e) The limited resources of the department do not currently allow for a sufficiently comprehensive bail enforcement program. Additional resources are needed to create an aggressive prevention, investigation, and prosecution program dedicated to eliminating illegal bail schemes, and additionally to increase outreach and education, particularly to bail professionals, on bail laws in California. -(f) Legislation is necessary that would provide the department with the resources to eliminate the bail complaint backlog, and more fully investigate illegal bail practices, by more appropriately aligning the licensing fees paid by bail agents, bail permittees, and bail solicitors, and by creating a Bail Investigation and Prosecution Fund within the department. The fund would contain resources from increased licensing fees for bail professionals and from the imposition of a fee of ten dollars ($10) per bond transaction in California. A portion of the moneys in the fund would be distributed to district attorneys and city attorneys to prosecute these cases. -(g) Effective bail enforcement by the department produces numerous benefits to both the bail bond industry and consumers who purchase bail products. Consumers are protected from predatory tactics by unscrupulous bail agents, and the bail industry benefits from improved customer confidence. -(h) A well-regulated bail industry reduces business and transaction costs for industry members, who benefit when business partners perceive less risk from engagement with the bail industry, and it fosters competitive bail markets by ensuring a level playing field for all members of the bail industry. -SEC. 2. -Section 1811 of the Insurance Code is amended to read: -1811. -For his services in connection with the filing of any application or request for any license under this chapter, the commissioner shall charge and collect the following fees: -(a) For filing an application or request for bail agent’s license, -one hundred eighteen dollars ($118) -one thousand one hundred thirty-two dollars ($1,132) -per year. -(b) For filing an application or request for bail solicitor’s license, -one hundred eighteen dollars ($118) -one thousand one hundred thirty-two dollars ($1,132) -per year. -(c) For filing an application or request for bail permittee’s license, -two hundred thirty-six dollars ($236). -two thousand two hundred sixty-eight dollars ($2,268). -(d) For filing an application for examination, or reexamination, twenty-four dollars ($24). -(e) For a renewal application, a fee of -thirty-five dollars ($35) -three hundred forty dollars ($340) -per year. In the case of a bail agent with more than one valid notice of appointment on file, the fee to be charged pursuant to this subdivision shall be the fee provided herein multiplied by the number of insurers whose valid appointments are on file at the date the document is filed unless the bail agent in that document advises the commissioner of his or her intent to terminate the appointment of one or more of those insurers, in which event the fee shall be based upon the number for insurers remaining. -(f) For a bail solicitor’s renewal application, a fee of -thirty-five dollars ($35) -three hundred forty dollars ($340) -per year. -(g) For a bail permittee’s renewal application, a fee of -one hundred forty-eight dollars ($148) per year. -one thousand one hundred thirty-two dollars ($1,132). -(h) At the time of filing an application for a license, if a qualifying examination is required for issue or in connection with the license, the fee for filing the first application to take the qualifying examination shall be paid at the time of filing application for the license. -(i) For filing application or request for approval of a true or fictitious name pursuant to Section 1724.5, twelve dollars ($12), except that there shall be no fee when the name is contained in an original application. -(j) For filing a bond required by this chapter, except when the bond constitutes part of an original application, ten dollars ($10). -(k) For filing a first amendment to an application, six dollars ($6). -(l) For filing a second and each subsequent amendment to an application, twelve dollars ($12). -SEC. 3. -Section 1824 is added to the Insurance Code, to read: -1824. -(a) The Bail Investigation and Prosecution Fund is hereby created as a special account within the Insurance Fund. Each surety insurer or bail permittee admitted and authorized to execute an undertaking of bail in this state through a licensed bail licensee shall pay a fee per bail bond transaction, not to exceed ten dollars ($10) for each bail bond posted in this state. The revenue from this fee shall be deposited into the Bail Investigation and Prosecution Fund. -(b) Moneys in the Bail Investigation and Prosecution Fund shall be distributed, upon appropriation by the Legislature, to fund the reasonable costs incurred in regulating entities involved in the undertaking of bail as described in this section. Moneys in the Bail Investigation and Prosecution Fund shall not be used for any other purpose. Moneys in the Bail Investigation and Prosecution Fund shall be distributed by the commissioner as follows: -(1) Seventy percent of these funds shall be distributed within the department for consumer enforcement and protection purposes related to bail transactions, including, but not limited to: -(A) Investigating and prosecuting unlawful conduct by bail licensees, or a person or entity purporting to solicit or negotiate in respect to execution or delivery of an undertaking of bail or bail bond, or execute or deliver an undertaking of bail or bail bond, or matters subsequent to the execution of an undertaking of bail or bail bond contract and arising out of it. -(B) Responding to consumer inquiries and complaints related to bail transactions. -(C) Regulating and overseeing bail bond products, solicitation, and advertising directed toward consumers. -(D) The cost of any fiscal audit performed pursuant to this section. -(2) Thirty percent of the funds shall be distributed to county district attorneys and city attorneys, for investigating and prosecuting surety insurer and bail abuse cases involving licensees, or any person or entity engaged in the solicitation or negotiation in respect to execution or delivery of an undertaking of bail or bail bond, or execution or delivery of an undertaking of bail or bail bond. -(A) The commissioner shall distribute funds to county district attorneys and city attorneys who show a likely positive outcome that will benefit consumers in the local jurisdiction based on specific criteria promulgated by the commissioner. Each local district attorney and city attorney desiring a portion of those funds shall submit to the commissioner an application, including, at a minimum, all of the following: -(i) The proposed use of the moneys and the anticipated outcome. -(ii) A list of all prior relevant cases or projects and a copy of the final accounting for each. If cases or projects are ongoing, the most recent accounting shall be provided. -(iii) A detailed budget, including salaries and general expenses, specifically identifying the cost of purchase or rental of equipment or supplies. -(B) Each district attorney and city attorney who receives funds pursuant to this section shall submit a final detailed accounting at the conclusion or closure of each case or project. For cases or projects that continue longer than six months, interim accountings shall be submitted every six months, or as otherwise directed by the commissioner. -(C) Each district attorney and city attorney who receives funds pursuant to this section shall submit a final report to the commissioner, which may be made public, as to the success of the cases or projects conducted. The report shall provide information and statistics on the number of active investigations, arrests, indictments, and convictions. The applications for moneys, the distribution of moneys, and the annual reports shall be public documents. -(c) Notwithstanding any other provision of this section, information submitted to the commissioner pursuant to this section concerning criminal investigations, whether active or inactive, shall be confidential. -(d) The commissioner may conduct a fiscal audit of the programs administered under this subdivision. If conducted, this fiscal audit shall be conducted by an internal audit unit of the department. -(e) If the commissioner determines that a district attorney or city attorney is unable or unwilling to investigate or prosecute a relevant bail abuse case, the commissioner may discontinue distribution of funds allocated for that matter and may redistribute those funds to other eligible district attorneys or city attorneys. -(f) If, as of June 30 of any calendar year, the total amount in the Bail Investigation and Prosecution Fund exceeds eight million dollars ($8,000,000), the commissioner shall reduce the amount of the assessment accordingly for the following year to eliminate that excess. A surety insurer, upon receipt of an invoice, shall transmit payment to the department for deposit in the Bail Investigation and Prosecution Fund. Any balance remaining in the Bail Investigation and Prosecution Fund at the end of the fiscal year shall be retained in the account, to be available in the next fiscal year. -(g) The commissioner may develop guidelines for implementing or clarifying these provisions, including guidelines for the allocation, distribution, and potential return of unused funds. The commissioner may, from time to time, issue regulations for implementing or clarifying these provisions. -(h) The commissioner shall provide a consolidated report annually on the department’s Internet Web site, which shall include, but is not limited to, the following information: -(1) The number of consumer complaints regarding to bail bond transactions. -(2) The number of investigations initiated relating to bail bond transactions. -(3) The number of investigations related to bail and bail bond transactions referred to and reported by prosecuting agencies. -(4) The number of administrative or regulatory cases related to bail and bail bond transactions referred to the department’s legal division. -(5) The number of administrative or regulatory enforcement actions taken in cases related to bail and bail bond transactions. -(i) A violation of this section is not a crime pursuant to Section 1814. -SEC. 4. -The Legislature finds and declares that Section 3 of this act, which adds Section 1824 to the Insurance Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -In order to ensure that criminal investigations are not frustrated or hindered, it is necessary to limit the public’s right of access to information submitted to the Insurance Commissioner pursuant to this act concerning criminal investigations.","Existing law provides for the issuance of bail licenses under the jurisdiction of the Insurance Commissioner for bail agents, bail permittees, and bail solicitors. Existing law requires persons soliciting or negotiating the execution or delivery of an undertaking of bail on behalf of a surety insurer to be licensed as a bail agent. Existing law requires the commissioner to charge and collect specified fees for an application for a new or renewed bail license by a bail agent, bail permittee, or bail solicitor. -This bill would increase the fees for an application for a new or renewed bail license, as specified. The bill would require each surety insurer or bail permittee to pay a fee, not to exceed $10 per bail bond transaction. These fees would go to the Bail Investigation and Prosecution Fund, created as a special account in the Insurance Fund. The bill would provide that moneys in the Bail Investigation and Prosecution Fund be distributed by the commissioner, upon appropriation, to fund the reasonable costs incurred in regulating entities involved in the undertaking of bail, as specified. The bill would provide that if the total amount in the Bail Investigation and Prosecution Fund ever exceeds $8,000,000, then the commissioner shall reduce the amount of the assessment, as specified. The bill would authorize the commissioner to develop guidelines to implement or clarify these provisions. The bill would require the commissioner to provide an annual report on the department’s Internet Web site including various information, as specified. The bill would make related legislative findings and declarations. -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect.","An act to amend Section 1811 of, and to add Section 1824 to, the Insurance Code, relating to insurance." -1117,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 53115.1 of the Government Code is amended to read: -53115.1. -(a) There is in state government the State 911 Advisory Board. -(b) The advisory board shall be composed of the following members appointed by the Governor who shall serve at the pleasure of the Governor: -(1) The Chief of the Public Safety Communications Division shall serve as the nonvoting chair of the board. -(2) One representative from the Department of the California Highway Patrol. -(3) Two representatives on the recommendation of the California Police Chiefs Association. -(4) Two representatives on the recommendation of the California State Sheriffs’ Association. -(5) Two representatives on the recommendation of the California Fire Chiefs Association. -(6) Two representatives on the recommendation of the CalNENA Executive Board. -(7) One representative on the joint recommendation of the executive boards of the state chapters of the Association of Public-Safety Communications Officials-International, Inc. -(8) One representative from the California Emergency Medical Services Authority. -(9) One representative with a background in the telecommunications industry. -(c) (1) Recommending authorities shall give great weight and consideration to the knowledge, training, and expertise of the appointee with respect to their experience within the California 911 system. Board members should have at least two years of experience as a Public Safety Answering Point (PSAP) manager or county coordinator, except where a specific person is designated as a member. -(2) A representative from the California Emergency Medical Services -Authority, communications industry, cellular technology or telecommunications industry, or public safety communications field -Authority or -with a background in the telecommunications industry -shall not be a member of the board if, during the two years prior to appointment on the board, he or she received a substantial portion of his or her income directly or indirectly from a professional category or industry listed -above. -in subdivision (b). -(d) Members of the advisory board shall serve at the pleasure of the Governor, but may not serve more than two consecutive two-year terms, except as follows: -(1) The presiding Chief of the Public Safety Communications Division shall serve for the duration of his or her tenure. -(2) Four of the members shall serve an initial term of three years. -(e) Advisory board members shall not receive compensation for their service on the board, but may be reimbursed for travel and per diem for time spent in attending meetings of the board. -(f) The advisory board shall meet quarterly in public sessions in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 2 of Part 1 of Division 3 of Title 2). The division shall provide administrative support to the State 911 Advisory Board. The State 911 Advisory Board, at its first meeting, shall adopt bylaws and operating procedures consistent with this article and establish committees as necessary. -(g) Notwithstanding any other provision of law, a member of the advisory board may designate a person to act as that member in his or her place and stead for all purposes, as though the member were personally present. -(h) (1) A member of the advisory board shall not personally and substantially participate, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a claim, contract, controversy, determination, plan, study, or other particular matter in which the advisory board is a party or has an interest, if the member of the advisory board has knowledge that he or she, his or her spouse, minor child, or partner, or an organization for which the member of the advisory board currently serves as an officer, director, trustee, partner, or employee or has served in this position within the two year period prior to his or her appointment to the advisory board has a direct or indirect financial interest. -(2) A member of the advisory board shall not act as an agent, attorney, or employee for any party other than the state when the advisory board is a party to or has a direct, substantial interest in a judicial or other proceeding, hearing, application, request for a ruling, or other determination, contract, claim, controversy, study, plan, or other particular matter. -(3) A representative from the California Emergency Medical Services -Authority, communications industry, cellular technology or telecommunications industry, or public safety communications field -Authority or with a background in the telecommunications industry -shall not be employed within a professional category or industry listed -above -in subdivision (b) -within two years after he or she ceases to be a member of the board. -(4) For purposes of this subdivision, “organization” shall not include a governmental agency or educational or research institution that is a tax exempt, nonprofit organization.","Existing law establishes the State 911 Advisory -Board -Board -, -which is composed of 11 members who meet quarterly in public sessions and are appointed by, and serve at the pleasure -of -of, -the Governor. -This bill would increase the membership to 13 members, as specified. -This bill would also prohibit a representative from the California Emergency Medical Services -Authority, communications industry, cellular technology -or -with a background in the -telecommunications -industry, or public safety communications field -industry -from being a member of the board if, during the 2 years prior to appointment on the board, he or she received a substantial portion of his or her income from a listed professional category or industry. -Existing law, the Political Reform Act of 1974, generally prohibits a public official at any level of state or local government from making, participating in making, or in any way attempting to use his or her official position to influence a governmental decision in which he or she knows, or has reason to know, he or she has a financial interest. -This bill would prohibit a member of the advisory board from personally and substantially participating, as specified, in a claim, contract, controversy, determination, plan, study, or other matter in which the advisory board is a party or has an interest, if the member of the advisory board has knowledge that he or she, his or her spouse, minor child, or partner, or an organization, as specified, for which the member of the advisory board currently serves as an officer, director, trustee, partner, or employee or has served in this position within the 2 year period prior to his or her appointment to the advisory board has a direct or indirect financial interest in the matter. -This bill would prohibit a member of the advisory board from acting as an agent, attorney, or employee for any party other than the state when the advisory board is a party to or has a direct, substantial interest in a judicial or other proceeding, hearing, application, request for a ruling, or other determination, contract, claim, controversy, study, plan, or other particular matter. -This bill would also prohibit a representative from the California Emergency Medical Services -Authority, communications industry, cellular technology or telecommunications industry, or public safety communications field -Authority or with a background in the telecommunications industry -from being employed within a listed professional category or industry within 2 years after he or she ceases to be a member of the board.","An act to amend Section 53115.1 of the Government Code, relating to emergency services." -1118,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 27521 of the Government Code is amended to read: -27521. -(a) A postmortem examination or autopsy conducted at the discretion of a coroner, medical examiner, or other agency upon an unidentified body or human remains is subject to this section. -(b) A postmortem examination or autopsy shall include, but shall not be limited to, the following procedures: -(1) Taking of all available fingerprints and palm prints. -(2) A dental examination consisting of dental charts and dental X-rays of the deceased person’s teeth, which may be conducted on the body or human remains by a qualified dentist as determined by the coroner. -(3) The collection of tissue, including a hair sample, or body fluid samples for future DNA testing, if necessary. -(4) Frontal and lateral facial photographs with the scale indicated. -(5) Notation and photographs, with a scale, of significant scars, marks, tattoos, clothing items, or other personal effects found with or near the body. -(6) Notations of observations pertinent to the estimation of the time of death. -(7) Precise documentation of the location of the remains. -(c) The postmortem examination or autopsy of the unidentified body or remains may include full body X-rays. -(d) (1) At the sole and exclusive discretion of a coroner, medical examiner, or other agency tasked with performing an autopsy pursuant to Section 27491, an electronic image system, including, but not limited to, an X-ray computed tomography scanning system, may be used to fulfill the requirements of subdivision (b) or of a postmortem examination or autopsy required by other law, including but not limited to, Section 27520. -(2) Nothing in this subdivision imposes a duty upon any coroner, medical examiner, or other agency tasked with performing autopsies pursuant to Section 27491 to use an electronic image system to perform autopsies or to acquire the capability to do so. -(3) A coroner, medical examiner, or other agency tasked with performing an autopsy pursuant to Section 27491 shall not use an electronic imaging system to conduct an autopsy in any investigation where the circumstances surrounding the death afford a reasonable basis to suspect that the death was caused by or related to the criminal act of another and it is necessary to collect evidence for presentation in a court of law. If the results of an autopsy performed using electronic imaging provides the basis to suspect that the death was caused by or related to the criminal act of another, and it is necessary to collect evidence for presentation in a court of law, then a dissection autopsy shall be performed in order to determine the cause and manner of death. -(4) An autopsy may be conducted using an X-ray computed tomography scanning system notwithstanding the existence of a certificate of religious belief properly executed in accordance with Section 27491.43. -(e) The coroner, medical examiner, or other agency performing a postmortem examination or autopsy shall prepare a final report of investigation in a format established by the Department of Justice. The final report shall list or describe the information collected pursuant to the postmortem examination or autopsy conducted under subdivision (b). -(f) The body of an unidentified deceased person shall not be cremated or buried until the jaws (maxilla and mandible with teeth), or other bone sample if the jaws are not available, and other tissue samples are retained for future possible use. Unless the coroner, medical examiner, or other agency performing a postmortem examination or autopsy has determined that the body of the unidentified deceased person has suffered significant deterioration or decomposition, the jaws shall not be removed until immediately before the body is cremated or buried. The coroner, medical examiner, or other agency responsible for a postmortem examination or autopsy shall retain the jaws and other tissue samples for one year after a positive identification is made, and no civil or criminal challenges are pending, or indefinitely. -(g) If the coroner, medical examiner, or other agency performing a postmortem examination or autopsy with the aid of the dental examination and any other identifying findings is unable to establish the identity of the body or human remains, the coroner, medical examiner, or other agency shall submit dental charts and dental X-rays of the unidentified deceased person to the Department of Justice on forms supplied by the Department of Justice within 45 days of the date the body or human remains were discovered. -(h) If the coroner, medical examiner, or other agency performing a postmortem examination or autopsy with the aid of the dental examination and other identifying findings is unable to establish the identity of the body or human remains, the coroner, medical examiner, or other agency shall submit the final report of investigation to the Department of Justice within 180 days of the date the body or human remains were discovered. The final report of investigation shall list or describe the information collected pursuant to the postmortem examination or autopsy conducted under subdivision (b), and any anthropology report, fingerprints, photographs, and autopsy report.","Existing law makes it the duty of a coroner to inquire into and determine the circumstances, manner, and cause of deaths under prescribed conditions, including deaths under such circumstances as to afford a reasonable ground to suspect that the death was caused by the criminal act of another. Existing law provides for the execution of a certificate of religious belief stating that postmortem anatomical dissection or specified procedures would violate the religious convictions of the person, and, except as specified, prohibits a coroner from performing the procedure. Existing law requires a postmortem examination or autopsy to include certain procedures, including, among others, taking available fingerprints and palm prints and a dental examination including dental charts and dental X-rays, as specified. Existing law authorizes the postmortem examination or autopsy of the unidentified body or remains to include full body X-rays. -This bill, except as specified, would authorize a coroner, medical examiner, or other agency required to perform an autopsy in a death under those prescribed conditions to use an electronic image system, including, but not limited to, an X-ray computed tomography scanning system, to fulfill specified postmortem examination or autopsy requirements. The bill would prohibit a coroner, medical examiner, or other agency performing an autopsy in a death under those prescribed conditions from using an electronic image system to conduct the autopsy in any investigation where the circumstances surrounding the death afford a reasonable basis to suspect that the death was caused by or related to the criminal act of another and it is necessary to collect evidence for presentation in a court of law. The bill would require a dissection autopsy to be performed to determine the cause and manner of death if the results of an autopsy performed using electronic imaging provides the basis to suspect that the death was caused by or related to the criminal act of another and it is necessary to collect evidence for presentation in a court of law. The bill would allow an autopsy to be conducted using an X-ray computed tomography scanning system without regard to the existence of a properly-executed certificate of religious belief.","An act to amend Section 27521 of the Government Code, relating to autopsy." -1119,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2860 of the Public Utilities Code is repealed. -SEC. 2. -Section 2861 of the Public Utilities Code is amended to read: -2861. -As used in this article, the following terms have the following meanings: -(a) “Disadvantaged community” means a community identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code. -(b) “Gas customer” includes both “core” and “noncore” customers, as those terms are used in Chapter 2.2 (commencing with Section 328) of Part 1, that receive retail end-use gas service within the service territory of a gas corporation. -(c) “kWth” or “kilowatts thermal” means the unit of measure of the equivalent thermal capacity of a solar thermal system that is calculated by multiplying the aperture area of the solar collector area of the system, expressed in square meters, by a conversion factor of 0.7. -(d) “kWhth” means kilowatthours thermal as measured by the number of kilowatts thermal generated, or displaced, in an hour. -(e) “Low-income residential housing” means either of the following: -(1) Residential housing financed with low-income housing tax credits, tax-exempt mortgage revenue bonds, general obligation bonds, or local, state, or federal loans or grants, and for which the rents of the occupants who are lower income households, as defined in Section 50079.5 of the Health and Safety Code, do not exceed those prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance. -(2) A residential complex in which at least 20 percent of the total units are -sold or -rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code, and the housing units targeted for lower income households are -already, at the time of the funding commitment pursuant to this article, -subject to a deed restriction or affordability covenant with a public entity that ensures that the units will be available at an affordable housing cost meeting the requirements of Section 50052.5 of the Health and Safety Code, or at an affordable rent meeting the requirements of Section 50053 of the Health and Safety -Code, for a period of not less than 30 years. -Code. -(f) “New Solar Homes Partnership” means the 10-year program, administered by the Energy Commission, encouraging solar energy systems in new home construction. -(g) “Solar heating collector” means a device that is used to collect or capture heat from the sun and that is generally, but need not be, located on a roof. -(h) “Solar thermal system” means a solar energy device that has the primary purpose of reducing demand for natural gas or electricity through water heating, space heating or cooling, or other methods of capturing heat energy from the sun to reduce natural gas or electricity consumption in a home, business, or any building or facility receiving natural gas that is subject to the surcharge established pursuant to paragraph (2) of subdivision (b) of Section 2863, or exempt from the surcharge pursuant to paragraph (4) of subdivision (b) of Section 2863, and that meets or exceeds the eligibility criteria established pursuant to Section 2864. “Solar thermal systems” include multifamily residential, industrial, governmental, educational, and nonprofit solar pool heating systems, but do not include single-family residential solar pool heating systems. -SEC. 3. -Section 2862 of the Public Utilities Code is amended and renumbered to read: -2860. -(a) The Legislature finds and declares all of the following: -(1) California is heavily dependent on natural gas. -(2) The storage and delivery of natural gas relies on aging infrastructure that is prone to leaks that can damage the environment and imperil public health. -(3) Natural gas is a fossil fuel and a major source of global warming pollution and the pollutants that cause air pollution, including smog. -(4) California’s growing population and economy will put a strain on energy supplies and threaten the ability of the state to meet its global warming goals unless specific steps are taken to reduce demand and generate energy cleanly and efficiently. -(5) Water heating for domestic and industrial use relies almost entirely on natural gas and accounts for a significant percentage of the state’s natural gas consumption. -(6) Solar thermal systems represent the major untapped natural gas saving potential in California. -(7) In addition to financial and energy savings, solar water heating systems can help protect against future gas and electricity shortages and reduce our dependence on foreign sources of energy. -(8) Solar thermal systems can also help preserve the environment and protect public health by reducing air pollution, including carbon dioxide, a leading global warming gas, and nitrogen oxide, a precursor to smog. -(9) Growing demand for these technologies will create jobs in California as well as promote greater energy independence, protect consumers from rising energy costs, and result in cleaner air. -(10) Installing solar thermal systems in disadvantaged communities can provide local economic benefits while advancing the state’s clean energy goals and policies to reduce the emissions of greenhouse gases. -(11) It is in the interest of the State of California to promote solar thermal systems and other technologies that directly reduce demand for natural gas in homes and businesses. -(b) It is the intent of the Legislature to build a mainstream market for solar thermal systems that directly reduces demand for natural gas in homes, businesses, schools, industrial and government buildings, and buildings occupied by nonprofit organizations. -(c) It is the intent of the Legislature that the solar thermal system incentives created by this article should lead to cost-effective investments by gas customers. Gas customers will recoup the cost of these investments through lower energy bills as a result of avoiding purchases of natural gas. -SEC. 4. -Section 2863 of the Public Utilities Code is amended to read: -2863. -(a) By July 31, 2017, the commission shall do all of the following: -(1) Implement changes to the program as authorized pursuant to this section as it read on December 31, 2016, applicable to the service territories of a gas corporation to promote the installation of solar thermal systems in homes, businesses, and buildings or facilities of eligible customer classes receiving natural gas service throughout the state. Eligible customer classes shall include single-family and multifamily residential, commercial, industrial, governmental, nonprofit, and primary, secondary, and postsecondary educational customers. The commission shall implement program changes in phases, if necessary, to enable seamless continuation of the availability of rebates as of January 1, 2017. -(2) The program shall be administered by gas corporations or third-party administrators, as determined by the commission, and subject to the supervision of the commission. -(3) The commission shall coordinate the program with the Energy Commission’s programs and initiatives, including, but not limited to, the New Solar Homes Partnership, to achieve the goal of building zero-energy homes. -(b) (1) The commission shall fund the program through the use of a surcharge applied to gas customers based upon the amount of natural gas consumed. The surcharge shall be in addition to any other charges for natural gas sold or transported for consumption in this state. -(2) Funding for the program established by this article shall not, for the collective service territories of all gas corporations, exceed two hundred fifty million dollars ($250,000,000) over the course of the period from January 1, 2017, to July 31, 2022, inclusive. -(3) Fifty percent of the total program budget shall be reserved for the installation of solar thermal systems in low-income residential housing or in buildings in disadvantaged communities. The commission may revise the percentage if the budget for other types of customers becomes depleted. -(4) Ten percent of the total program budget shall be reserved for the installation of solar thermal systems for industrial applications. The -commisison -commission -may revise the percentage if the budget for other types of customers becomes depleted. -(5) The commission shall annually establish a surcharge rate for each class of gas customers. Any gas customer participating in the California Alternate Rates for Energy (CARE) or Family Electric Rate Assistance (FERA) programs shall be exempt from paying any surcharge imposed to fund the program designed and implemented pursuant to this article. -(6) Any surcharge imposed to fund the program designed and implemented pursuant to this article shall not be imposed upon the portion of any gas customer’s procurement of natural gas that is used or employed for a purpose that Section 896 excludes from being categorized as the consumption of natural gas. -(7) The gas corporation or other person or entity providing revenue cycle services, as defined in Section 328.1, shall be responsible for collecting the surcharge. -(c) Funds shall be allocated in the form of customer rebates to promote utilization of solar thermal systems. -(1) On and after January 1, 2017, the rebate amount shall be consistent with the amount the commission established for the calendar year 2016 until revised by the commission pursuant to paragraph (2). -(2) Beginning in 2017, and every two years thereafter, the commission shall consider revisions to the rebate amount, taking into account the cost of installing solar thermal systems and the price of natural gas to end-use customers. -(3) The commission shall ensure that a cap on the maximum rebate amount does not unreasonably impair the ability of industrial customers to participate in the program. -(d) In designing and implementing the program required by this article, no moneys shall be diverted from any existing programs for low-income ratepayers or cost-effective energy efficiency programs. -SEC. 5. -Section 2864 of the Public Utilities Code is amended to read: -2864. -(a) The commission, in consultation with the Energy Commission and interested members of the public, shall establish eligibility criteria for solar thermal systems receiving gas customer funded incentives pursuant to this article. The criteria should specify and include all of the following: -(1) Design, installation, and energy output or displacement standards. To be eligible for rebate funding, a residential solar thermal system shall be certified by an accredited listing agency in accordance with standards adopted by the commission. Solar collectors used in systems for multifamily residential, commercial, government, nonprofit, educational, or industrial applications shall be certified by an accredited listing agency in accordance with standards adopted by the commission. Energy output of collectors and systems shall be determined in accordance with procedures set forth by the listing agency, and shall be based on testing results from accredited testing laboratories. -(2) A requirement that solar thermal system components are new and unused, and have not previously been placed in service in any other location or for any other application. -(3) A requirement that solar thermal collectors have a warranty of not less than 10 years to protect against defects and undue degradation. -(4) A requirement that solar thermal systems are in buildings or facilities connected to a natural gas utility’s distribution system within the state. -(5) -(A) -A requirement that solar thermal systems have meters or other kWhth measuring devices in place to monitor and measure the system’s performance and the quantity of energy generated or displaced by the system. -The cost of monitoring the system shall not exceed 2 percent of the system cost. -(B) The commission shall exempt from this requirement system types for which the cost of monitoring a system is likely to exceed 2 percent of the system cost. After a public stakeholder process, the commission may adjust this percentage to ensure reasonable balance between customer cost and value received, taking into account factors including, but not limited to, customer class, system type, system size, or changes in the market. -(6) A requirement that solar thermal systems are installed in conformity with the manufacturer’s specifications and all applicable codes and standards. -(7) A requirement that, when the property is not owner-occupied, the tenant shall not contract for the installation of a solar thermal system. The tenant may request that the owner participate in such a program. -(b) Gas customer funded incentives shall not be made for a solar thermal system that does not meet the eligibility criteria. -(c) The commission may adopt consensus solar standards applicable to products or systems as developed by accredited standards developers. -SEC. 6. -Section 2865 of the Public Utilities Code is amended to read: -2865. -(a) The commission shall establish conditions on gas customer funded incentives pursuant to this article. The conditions shall require both of the following: -(1) Appropriate siting and high-quality installation of the solar thermal system based on installation guidelines that maximize the performance of the system and prevent qualified systems from being inefficiently or inappropriately installed. The conditions shall not impact housing designs or densities presently authorized by a city, county, or city and county. The goal of this paragraph is to achieve efficient installation of solar thermal systems and promote the greatest energy production or displacement per gas customer dollar. -(2) Appropriate energy efficiency improvements in the new or existing home or facility where the solar thermal system is installed. -(b) The commission shall set rating standards for equipment, components, and systems to ensure reasonable performance and shall develop procedures that provide for compliance with the minimum ratings. -SEC. 7. -Section 2866 of the Public Utilities Code is amended to read: -2866. -(a) The commission may establish a grant program or a revolving loan or loan guarantee program for low-income residential housing consistent with the requirements of Chapter 5.3 (commencing with Section 25425) of Division 15 of the Public Resources Code. Notwithstanding Section 2867.4, all loans outstanding as of August 1, 2022, shall continue to be repaid in a manner that is consistent with the terms and conditions of the program adopted and implemented by the commission pursuant to this subdivision, until repaid in full. -(b) The commission may extend eligibility for funding pursuant to this section -and paragraph (3) of subdivision (b) of Section 2863 -to include residential housing occupied by ratepayers participating in a commission approved and supervised gas corporation Low-Income Energy Efficiency (LIEE) program and who either: -(1) Occupy a single-family home. -(2) Occupy at least 50 percent of all units in a multifamily dwelling structure. -(c) The commission shall ensure that lower income households, as defined in Section 50079.5 of the Health and Safety Code, and, if the commission expands the program pursuant to subdivision (b), ratepayers participating in a LIEE program, that receive gas service at residential housing with a solar thermal system receiving incentives pursuant to subdivision (a) benefit from the installation of the solar thermal systems through reduced or lowered energy costs. -(d) The commission shall do all of the following to implement the requirements of this section: -(1) Maximize incentives to properties that are committed to continuously serving the needs of lower income households, as defined in Section 50079.5 of the Health and Safety Code, and, if the commission expands the program pursuant to subdivision (b), ratepayers participating in a LIEE program. -(2) Establish conditions on the installation of solar thermal systems that ensure properties on which solar thermal systems are installed under subdivision (a) remain low-income residential properties for at least 10 years from the time of installation, including property ownership restrictions and income rental protections, and appropriate enforcement of these conditions. -SEC. 8. -Section 2867 of the Public Utilities Code is amended to read: -2867. -(a) Consistent with subdivision (c) of Section 2863, the commission shall consider reductions over time in rebates provided through the program. The rebate shall be structured so as to drive down the cost of the solar thermal technologies, and be paid out on a performance-based incentive basis so that incentives are earned based on the actual energy savings, or on predicted energy savings as established by the commission. -(b) The commission shall consider federal tax credits and other incentives available for this technology when determining the appropriate rebate amount. -(c) The commission shall consider the impact of rebates for solar thermal systems pursuant to this article on existing incentive programs for energy efficiency technology. -(d) In coordination with the commission, the Energy Commission shall consider, when appropriate, coupling rebates for solar thermal systems with complementary energy efficiency technologies, including, but not limited to, efficient hot water heating tanks and tankless or on demand hot water systems that can be installed in addition to the solar thermal system. -SEC. 9. -Section 2867.1 of the Public Utilities Code is repealed. -SEC. 10. -Section 2867.2 of the Public Utilities Code is repealed. -SEC. 11. -Section 2867.3 of the Public Utilities Code is amended to read: -2867.3. -The governing body of each publicly owned utility providing gas service to retail end-use gas customers shall, after a public proceeding, adopt, implement, and finance a solar thermal system incentive program that does all the following: -(a) Ensures that any solar thermal system receiving monetary incentives complies with eligibility criteria adopted by the governing body. The eligibility criteria shall include those elements contained in paragraphs (1) to (6), inclusive, of subdivision (a) of Section 2864. -(b) Includes minimum ratings and standards for equipment, components, and systems to ensure reasonable performance and compliance with the minimum ratings and standards. -(c) Includes an element that addresses the installation of solar thermal systems on low-income residential housing. If deemed appropriate in consultation with the California Tax Credit Allocation Committee, the governing board may establish a grant program or a revolving loan or loan guarantee program for low-income residential housing consistent with the requirements of Chapter 5.3 (commencing with Section 25425) of Division 15 of the Public Resources Code. -SEC. 12. -Section 2867.4 of the Public Utilities Code is repealed. -SEC. 13. -Section 2867.4 is added to the Public Utilities Code, to read: -2867.4. -This article shall become inoperative on August 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 14. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Solar Water Heating and Efficiency Act of 2007, until August 1, 2017, requires the Public Utilities Commission, if it determines that a solar water heating program is cost effective for ratepayers and in the public interest, to implement a program to promote the installation of 200,000 solar water heating systems in homes, businesses, and buildings or facilities of eligible customer classes receiving natural gas service throughout the state by 2017. The act establishes the maximum funding for the program, for the collective service territories of all gas corporations, at $250,000,000. The act, until August 1, 2017, requires the governing body of each publicly owned utility providing gas service to retail end-use customers to adopt, implement, and finance a solar water heating system incentive program to encourage the installation of 200,000 solar water heating systems by 2017. -This bill would revise the program to, among other things, promote the installation of solar thermal systems throughout the state, set the maximum funding for the program between January 1, 2017, and July 31, 2022, at $250,000,000, reserve 50% of the total program budget for the installation of solar thermal systems in low-income residential housing or in buildings in disadvantaged communities, and extend the operation of the program through July 31, 2022. Because a violation of any order, decision, rule, direction, demand, or requirement of the commission implementing these revisions would be a crime, this bill would impose a state-mandated local program. The bill would also require the governing body of each publicly owned utility providing gas service, until August 1, 2022, to adopt, implement, and finance a solar thermal system incentive program. Because the bill would extend the obligations of a publicly owned electric utility to adopt, implement, and finance the program, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for specified reasons.","An act to amend Sections 2861, 2863, 2864, 2865, 2866, 2867, and 2867.3 of, to amend and renumber Section 2862 of, to repeal Sections 2860, 2867.1, and 2867.2 of, and to repeal and add Section 2867.4 of, the Public Utilities Code, relating to energy." -1120,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2699 of the Labor Code is amended to read: -2699. -(a) Notwithstanding any other -provision of -law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of provisions specified in subdivision (b) of Section 2699.3 may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and other current or former employees pursuant to the procedures specified in Section 2699.3. -(b) For purposes of this part, “person” has the same meaning as defined in Section 18. -(c) For purposes of this part, “aggrieved employee” means any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. -(d) For purposes of this part, whenever the Labor and Workforce Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, has discretion to assess a civil penalty, a court is authorized to exercise the same discretion, subject to the same limitations and conditions, to assess a civil penalty. -(e) In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), a court may award a lesser amount than the maximum civil penalty amount specified by this part if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory. -(f) For provisions specified in subdivision (b) of Section 2699.3 except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation of these provisions, as follows: -(1) If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is five hundred dollars ($500). -(2) If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per pay period for the initial violation and two hundred dollars ($200) for each aggrieved employee per pay period for each subsequent violation. -(3) If the alleged violation is a failure to act by the Labor and Workplace Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, there shall be no civil penalty. -(g) An aggrieved employee may recover the civil penalty described in subdivision (f) in a civil action pursuant to the procedures specified in Section 2699.3 filed on behalf of himself or herself and other current or former employees against whom one or more of the alleged violations was committed. Any employee who prevails in any action shall be entitled to an award of reasonable attorney’s fees and costs. Nothing in this part shall operate to limit an employee’s right to pursue or recover other remedies available under state or federal law, either separately or concurrently with an action taken under this part. -(h) No action may be brought under this section by an aggrieved employee if the agency or any of its departments, divisions, commissions, boards, agencies, or employees, on the same facts and theories, cites a person within the timeframes set forth in Section 2699.3 for a violation of the same section or sections of the Labor Code under which the aggrieved employee is attempting to recover a civil penalty on behalf of himself or herself or others or initiates a proceeding pursuant to Section 98.3. -(i) Except as provided in subdivision (j), civil penalties recovered by aggrieved employees shall be distributed as follows: 75 percent to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes; and 25 percent to the aggrieved employees. -(j) Civil penalties recovered under paragraph (1) of subdivision (f) shall be distributed to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes. -(k) Nothing contained in this part is intended to alter or otherwise affect the exclusive remedy provided by the workers’ compensation provisions of this code for liability against an employer for the compensation for any injury to or death of an employee arising out of and in the course of employment. -(l) The superior court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part. -(m) This section shall not apply to the recovery of administrative and civil penalties in connection with the workers’ compensation law as contained in Division 1 (commencing with Section 50) and Division 4 (commencing with Section 3200), including, but not limited to, Sections 129.5 and 132a. -(n) The agency or any of its departments, divisions, commissions, boards, or agencies may promulgate regulations to implement the provisions of this part. -SEC. 2. -Section 2699.3 of the Labor Code is amended to read: -2699.3. -(a) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision listed in subdivision (b) shall commence only after the following requirements have been met: -(1) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. -(2) (A) The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 30 calendar days of the postmark date of the notice received pursuant to paragraph (1). Upon receipt of that notice or if no notice is provided within 33 calendar days of the postmark date of the notice given pursuant to paragraph (1), the aggrieved employee may commence a civil action pursuant to Section 2699. -(B) If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 33 calendar days of the postmark date of the notice received pursuant to paragraph (1). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee of that decision within five business days thereof by certified mail. Upon receipt of that notice or if no citation is issued by the agency within that 158-day period prescribed by this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699. -(C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part. -(b) The provisions of subdivision (a) apply to any alleged violation of the following provisions: Sections 226, 226.7, 510, and 512. -(c) The periods specified in this section are not counted as part of the time limited for the commencement of the civil action to recover penalties under this part. -SEC. 3. -Section 2699.5 of the Labor Code is repealed.","The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act requires the employee to follow specified procedures before bringing an action. -This bill would limit the violations for which an aggrieved employee is authorized to bring a civil action under the act and would require the employee to follow specified procedures before bringing an action.","An act to amend Sections 2699 and 2699.3 of, and to repeal Section 2699.5 of, the Labor Code, relating to employment." -1121,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2699.3 of the Labor Code is amended to read: -2699.3. -(a) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision listed in Section 2699.5 shall commence only after the following requirements have been met: -(1) (A) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. -(B) The employer may cure the alleged violation according to the procedures described in paragraph (2) of subdivision (c). If the alleged violation is not cured within the 33-day period prescribed in paragraph (2) of subdivision (c), in lieu of commencing a civil action, the employee or representative shall notify by certified mail the Labor and Workforce Development Agency and the employer of the failure to cure or, if the employee disputes that the alleged violation has been cured, the employee or representative shall provide notice pursuant to the procedures of subparagraph (A) of paragraph (3) of subdivision (c). -(2) (A) The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 30 calendar days of the postmark date of the notice received pursuant to subparagraph (B) of paragraph (1). Upon receipt of that notice or if no notice is provided within 33 calendar days of the postmark date of the notice given pursuant to subparagraph (B) of paragraph (1), the aggrieved employee may commence a civil action pursuant to Section 2699. -(B) If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 33 calendar days of the postmark date of the notice received pursuant to subparagraph (B) of paragraph (1). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee or representative of that decision within five business days thereof by certified mail. Upon receipt of that -notice -notice, -or if no citation is issued by the agency within that 158-day period prescribed by this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699. -(C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part. -(b) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall commence only after the following requirements have been met: -(1) (A) The aggrieved employee or representative shall give notice by certified mail to the Division of Occupational Safety and Health and the employer, with a copy to the Labor and Workforce Development Agency, of the specific provisions of Division 5 (commencing with Section 6300) alleged to have been violated, including the facts and theories to support the alleged violation. -(B) The employer may cure the alleged violation according to the procedures described in paragraph (2) of subdivision (c). If the alleged violation is not cured within the 33-day period prescribed in paragraph (2) of subdivision (c), in lieu of commencing a civil action, the employee or representative shall notify by certified mail the Division of Occupational Safety and Health and the employer, with a copy to the Labor and Workforce Development Agency, of the failure to cure or, if the employee disputes that the alleged violation has been cured, the employee or representative shall provide notice pursuant to the procedures of subparagraph (A) of paragraph (3) of subdivision (c). -(2) (A) The division shall inspect or investigate the alleged violation pursuant to the procedures specified in Division 5 (commencing with Section 6300). -(i) If the division issues a citation, the employee may not commence an action pursuant to Section 2699. The division shall notify the aggrieved employee or representative and employer in writing within 14 calendar days of certifying that the employer has corrected the violation. -(ii) If by the end of the period for inspection or investigation provided for in Section 6317, the division fails to issue a citation and the aggrieved employee disputes that decision, the employee may challenge that decision in the superior court. In such an action, the superior court shall follow precedents of the Occupational Safety and Health Appeals Board. If the court finds that the division should have issued a citation and orders the division to issue a citation, then the aggrieved employee may not commence a civil action pursuant to Section 2699. -(iii) A complaint in superior court alleging a violation of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall include therewith a copy of the notices provided to the division and employer pursuant to subparagraphs (A) and (B) of paragraph (1). -(iv) The superior court shall not dismiss the action for nonmaterial differences in facts or theories between those contained in the notices provided to the division and employer pursuant to subparagraphs (A) and (B) of paragraph (1) and the complaint filed with the court. -(B) If the division fails to inspect or investigate the alleged violation as provided by Section 6309, the aggrieved employee may commence a civil action pursuant to Section 2699. -(3) (A) Nothing in this subdivision shall be construed to alter the authority of the division to permit long-term abatement periods or to enter into memoranda of understanding or joint agreements with employers in the case of long-term abatement issues. -(B) Nothing in this subdivision shall be construed to authorize an employee to file a notice or to commence a civil action pursuant to Section 2699 during the period that an employer has voluntarily entered into consultation with the division to ameliorate a condition in that particular worksite. -(C) An employer who has been provided notice pursuant to this section may not then enter into consultation with the division in order to avoid an action under this section. -(4) The superior court shall review and approve any proposed settlement of alleged violations of the provisions of Division 5 (commencing with Section 6300) to ensure that the settlement provisions are at least as effective as the protections or remedies provided by state and federal law or regulation for the alleged violation. The provisions of the settlement relating to health and safety laws shall be submitted to the division at the same time that they are submitted to the court. This requirement shall be construed to authorize and permit the division to comment on those settlement provisions, and the court shall grant the division’s commentary the appropriate weight. -(c) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision other than those listed in Section 2699.5 or Division 5 (commencing with Section 6300) shall commence only after the following requirements have been met: -(1) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. -(2) (A) The employer may cure the alleged violation within 33 calendar days of the postmark date of the notice. The employer shall give written notice by certified mail within that period of time to the aggrieved employee or representative and the agency if the alleged violation is cured, including a description of actions taken, and no civil action pursuant to Section 2699 may commence. If the alleged violation is not cured within the 33-day period, the employee may commence a civil action pursuant to Section 2699. -(B) (i) Subject to the limitation in clause (ii), no employer may avail himself or herself of the notice and cure provisions of this subdivision more than three times in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite. -(ii) No employer may avail himself or herself of the notice and cure provisions of this subdivision with respect to alleged violations of paragraph (6) or (8) of subdivision (a) of Section 226 more than once in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite. -(3) (A) If the aggrieved employee disputes that the alleged violation has been cured, the aggrieved employee or representative shall provide written notice by certified mail, including specified grounds to support that dispute, to the employer and the agency. -(B) Within 17 calendar days of the postmark date of that notice, the agency shall review the actions taken by the employer to cure the alleged violation, and provide written notice of its decision by certified mail to the aggrieved employee or representative and the employer. The agency may grant the employer three additional business days to cure the alleged violation. If the agency determines that the alleged violation has not been cured or if the agency fails to provide timely or any notification, the employee may proceed with the civil action pursuant to Section 2699. If the agency determines that the alleged violation has been cured, but the employee still disagrees, the employee may appeal that determination to the superior court. -(d) The periods specified in this section are not counted as part of the time limited for the commencement of the civil action to recover penalties under this part.","The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act provides the employer with the right to cure certain violations before the employee may bring a civil action, as specified. For other violations, the act requires the employee to follow specified procedures before bringing an action. -This bill would provide the employer with the right to cure any violation of the Labor Code covered by the act before the employee may bring a civil action. That right to cure would be provided before, and in addition to, any other specified procedures the employee is required to follow prior to bringing an action.","An act to amend Section 2699.3 of the Labor Code, relating to employment." -1122,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2699 of the Labor Code is amended to read: -2699. -(a) Notwithstanding any other -provision of -law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and other current or former employees pursuant to the procedures specified in Section 2699.3. -(b) For purposes of this part, “person” has the same meaning as defined in Section 18. -(c) For purposes of this part, “aggrieved employee” means any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. -(d) For purposes of this part, “cure” means that the employer abates each violation alleged by any aggrieved employee, the employer is in compliance with the underlying statutes as specified in the notice required by this part, and any aggrieved employee is made whole. A violation of paragraph (6) or (8) of subdivision (a) of Section 226 shall only be considered cured upon a showing that the employer has provided a fully compliant, itemized wage statement to each aggrieved employee for each pay period for the three-year period prior to the date of the written notice sent pursuant to paragraph (1) of subdivision (c) of Section 2699.3. -(e) (1) For purposes of this part, whenever the Labor and Workforce Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, has discretion to assess a civil penalty, a court is authorized to exercise the same discretion, subject to the same limitations and conditions, to assess a civil penalty. -(2) In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), a court may award a lesser amount than the maximum civil penalty amount specified by this part if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory. In no event shall the total amount of that penalty equal more than one thousand dollars ($1,000) for each aggrieved employee. -(f) For all provisions of this code except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation of these provisions, as follows: -(1) If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is five hundred dollars ($500). -(2) If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per pay period for the initial violation and two hundred dollars ($200) for each aggrieved employee per pay period for each subsequent violation. -(3) If the alleged violation is a failure to act by the Labor and Workplace Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, there shall be no civil penalty. -(g) (1) Except as provided in paragraph (2), an aggrieved employee may recover the civil penalty described in subdivision (f) in a civil action pursuant to the procedures specified in Section 2699.3 filed on behalf of himself or herself and other current or former employees against whom one or more of the alleged violations was committed. Any employee who prevails in any action shall be entitled to an award of reasonable attorney’s fees and costs. Nothing in this part shall operate to limit an employee’s right to pursue or recover other remedies available under state or federal law, either separately or concurrently with an action taken under this part. -(2) No action shall be brought under this part for any violation of a posting, notice, agency reporting, or filing requirement of this code, except where the filing or reporting requirement involves mandatory payroll or workplace injury reporting. -(h) No action may be brought under this section by an aggrieved employee if the agency or any of its departments, divisions, commissions, boards, agencies, or employees, on the same facts and theories, cites a person within the timeframes set forth in Section 2699.3 for a violation of the same section or sections of the Labor Code under which the aggrieved employee is attempting to recover a civil penalty on behalf of himself or herself or others or initiates a proceeding pursuant to Section 98.3. -(i) Except as provided in subdivision (j), civil penalties recovered by aggrieved employees shall be distributed as follows: 75 percent to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes; and 25 percent to the aggrieved employees. -(j) Civil penalties recovered under paragraph (1) of subdivision (f) shall be distributed to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes. -(k) Nothing contained in this part is intended to alter or otherwise affect the exclusive remedy provided by the workers’ compensation provisions of this code for liability against an employer for the compensation for any injury to or death of an employee arising out of and in the course of employment. -(l) The superior court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part. -(m) This section shall not apply to the recovery of administrative and civil penalties in connection with the workers’ compensation law as contained in Division 1 (commencing with Section 50) and Division 4 (commencing with Section 3200), including, but not limited to, Sections 129.5 and 132a. -(n) The agency or any of its departments, divisions, commissions, boards, or agencies may promulgate regulations to implement the provisions of this part.","The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency, on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act provides the employer with the right to cure certain violations before the employee may bring a civil action, as specified. For other violations, the act requires the employee to follow specified procedures before bringing an action. -The act authorizes a court, in an action by an aggrieved employee seeking recovery of a civil penalty, as specified, to award a lesser amount than the maximum civil penalty if that penalty would be unjust, arbitrary and oppressive, or confiscatory. -This bill would establish a cap on that penalty of $1,000 for each aggrieved employee.","An act to amend Section 2699 of the Labor Code, relating to employment." -1123,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2699 of the Labor Code is amended to read: -2699. -(a) Notwithstanding any other -provision of -law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and other current or former employees pursuant to the procedures specified in Section 2699.3. -(b) For purposes of this part, “person” has the same meaning as defined in Section 18. -(c) For purposes of this part, “aggrieved employee” means any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. -(d) For purposes of this part, “cure” means that the employer abates each violation alleged by any aggrieved employee, the employer is in compliance with the underlying statutes as specified in the notice required by this part, and any aggrieved employee is made whole. A violation of paragraph (6) or (8) of subdivision (a) of Section 226 shall only be considered cured upon a showing that the employer has provided a fully compliant, itemized wage statement to each aggrieved employee for each pay period for the three-year period prior to the date of the written notice sent pursuant to paragraph (1) of subdivision (c) of Section 2699.3. -(e) (1) For purposes of this part, whenever the Labor and Workforce Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, has discretion to assess a civil penalty, a court is authorized to exercise the same discretion, subject to the same limitations and conditions, to assess a civil penalty. -(2) In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), a court may award a lesser amount than the maximum civil penalty amount specified by this part if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory. -(3) In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), if, after notice and hearing, the court finds that an employee suffered no appreciable physical or economic harm, the court may dismiss the action as to that employee. -(f) For all provisions of this code except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation of these provisions, as follows: -(1) If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is five hundred dollars ($500). -(2) If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per pay period for the initial violation and two hundred dollars ($200) for each aggrieved employee per pay period for each subsequent violation. -(3) If the alleged violation is a failure to act by the Labor and Workplace Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, there shall be no civil penalty. -(g) (1) Except as provided in paragraph (2), an aggrieved employee may recover the civil penalty described in subdivision (f) in a civil action pursuant to the procedures specified in Section 2699.3 filed on behalf of himself or herself and other current or former employees against whom one or more of the alleged violations was committed. Any employee who prevails in any action shall be entitled to an award of reasonable attorney’s fees and costs. Nothing in this part shall operate to limit an employee’s right to pursue or recover other remedies available under state or federal law, either separately or concurrently with an action taken under this part. -(2) No action shall be brought under this part for any violation of a posting, notice, agency reporting, or filing requirement of this code, except where the filing or reporting requirement involves mandatory payroll or workplace injury reporting. -(h) No action may be brought under this section by an aggrieved employee if the agency or any of its departments, divisions, commissions, boards, agencies, or employees, on the same facts and theories, cites a person within the timeframes set forth in Section 2699.3 for a violation of the same section or sections of the Labor Code under which the aggrieved employee is attempting to recover a civil penalty on behalf of himself or herself or others or initiates a proceeding pursuant to Section 98.3. -(i) Except as provided in subdivision (j), civil penalties recovered by aggrieved employees shall be distributed as follows: 75 percent to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes; and 25 percent to the aggrieved employees. -(j) Civil penalties recovered under paragraph (1) of subdivision (f) shall be distributed to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes. -(k) Nothing contained in this part is intended to alter or otherwise affect the exclusive remedy provided by the workers’ compensation provisions of this code for liability against an employer for the compensation for any injury to or death of an employee arising out of and in the course of employment. -(l) The superior court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part. -(m) This section shall not apply to the recovery of administrative and civil penalties in connection with the workers’ compensation law as contained in Division 1 (commencing with Section 50) and Division 4 (commencing with Section 3200), including, but not limited to, Sections 129.5 and 132a. -(n) The agency or any of its departments, divisions, commissions, boards, or agencies may promulgate regulations to implement this part.","The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties, that would otherwise be assessed and collected by the Labor and Workforce Development Agency, on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act authorizes a court to exercise the same discretion to assess a civil penalty as the agency, subject to the same limitations and conditions. The act also authorizes a court, in any action by an aggrieved employee seeking recovery of a civil penalty, to award a lesser amount than the maximum civil penalty amount specified by the act if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory. -This bill would authorize a court to dismiss an action as to an aggrieved employee seeking recovery of a civil penalty, if, after notice and hearing, the court finds that the aggrieved employee suffered no appreciable physical or economic harm.","An act to amend Section 2699 of the Labor Code, relating to employment." -1124,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2101 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read: -2101. -(a) A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election. -(b) For purposes of this section, the following definitions apply: -(1) “Imprisoned” means currently serving a state or federal prison sentence. -(2) “Parole” means a term of supervision by the Department of Corrections and Rehabilitation. -(3) “Conviction” does not include a juvenile adjudication made pursuant to Section 203 of the Welfare and Institutions Code. -SEC. 2. -Section 2101 of the Elections Code, as amended by Section 2 of Chapter 728 of the Statutes of 2015, is amended to read: -2101. -(a) A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election. -(b) A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age. -(c) For purposes of this section, the following definitions apply: -(1) “Imprisoned” means currently serving a state or federal prison sentence. -(2) “Parole” means a term of supervision by the Department of Corrections and Rehabilitation. -(3) “Conviction” does not include a juvenile adjudication made pursuant to Section 203 of the Welfare and Institutions Code. -SEC. 3. -Section 2106 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read: -2106. -A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in any printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election.” -SEC. 4. -Section 2106 of the Elections Code, as amended by Section 2 of Chapter 619 of the Statutes of 2014, is amended to read: -2106. -A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election. A person may preregister to vote if he or she is a United States citizen, a resident of California, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 16 years of age.” A county elections official may continue to use existing materials before printing new or revised materials required by any changes to this section. -SEC. 5. -Section 2106 of the Elections Code, as amended by Section 5 of Chapter 728 of the Statutes of 2015, is amended to read: -2106. -A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election. A person may preregister to vote if he or she is a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least 16 years of age.” A county elections official may continue to use existing materials before printing new or revised materials required by any changes to this section. -SEC. 6. -Section 2106 of the Elections Code, as amended by Section 6 of Chapter 728 of the Statutes of 2015, is amended to read: -2106. -A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in any printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election.” -SEC. 7. -Section 2212 of the Elections Code, as amended by Section 95 of Chapter 784 of the Statutes of 2002, is amended to read: -2212. -The clerk of the superior court of each county, on the basis of the records of the court, shall furnish to the county elections official, not less frequently than the first day of April and the first day of September of each year, a statement showing the names, addresses, and dates of birth of all persons who have been committed to state prison as the result of a felony conviction since the clerk’s last report. The elections official shall, during the first week of April and the first week of September in each year, cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court. -SEC. 8. -Section 2212 of the Elections Code, as amended by Section 65 of Chapter 728 of the Statutes of 2015, is amended to read: -2212. -The clerk of the superior court of each county, on the basis of the records of the court, shall furnish to the Secretary of State and the county elections official in the format prescribed by the Secretary of State, not less frequently than the first day of every month, a statement showing the names, addresses, and dates of birth of all persons who have been committed to state prison as the result of a felony conviction since the clerk’s last report. The Secretary of State or county elections official shall cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court. -SEC. 9. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","The California Constitution requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony. Existing law provides that a person is entitled to register to vote if he or she is a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election. -This bill, for purposes of determining who is entitled to register to vote, would define imprisoned as currently serving a state or federal prison sentence and would define parole as a term of supervision by the Department of Corrections and Rehabilitation. The bill would clarify that conviction does not include a juvenile adjudication. -Existing law requires any program adopted by a county pursuant to certain provisions that is designed to encourage the registration of electors, with respect to any printed literature or media announcements made in connection with the program, to contain a statement that a person entitled to register to vote must be a United States citizen, a California resident, not in prison or on parole for conviction of a felony, and at least 18 years of age at the time of the election. -This bill would instead require that the statement, as described above, state that a person entitled to register to vote must be a United States citizen, a California resident, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election. By requiring a county to change the statement included as part of its voter registration program, as described above, the bill would impose a state-mandated local program. -Existing law requires the clerk of the superior court of each county, on the basis of the records of the court, to furnish to the chief elections official of the county, at least on April 1 and September 1 of each year, a statement showing the names, addresses, and dates of birth of all persons who have been convicted of felonies since the clerk’s last report. Existing law requires the elections official to cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. -This bill would instead require that the statement furnished by the clerk of the superior court of each county to the county elections official show the names, addresses, and dates of birth of all persons who have been committed to state prison as the result of the conviction of a felony since the clerk’s last report. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 2101, 2106, and 2212 of the Elections Code, relating to voting." -1125,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known and may be cited as the Hospital Executive Compensation Transparency Act of 2016. -SEC. 2. -The Legislature finds and declares all of the following: -(a) The public has a direct and immediate interest in ensuring its money is spent efficiently and wisely. Through direct cash payments and exemptions from paying taxes, nonprofit hospitals receive billions in taxpayer funds. -(b) The compensation packages of chief executive officers, executives, managers, and administrators of hospitals, hospital groups, and affiliated medical entities that operate under nonprofit corporate status are often excessive, unnecessary, and inconsistent with the corporations’ charitable purposes, as revealed by compensation surveys and other sources. -(c) Payment of excessive compensation to executives, managers, and administrators undermines the purposes of nonprofit corporations because it results in fewer funds being available for their charitable purposes, and it is often the case that the hospitals, hospital groups, and affiliated medical entities that pay the most excessive compensation also provide less charitable care than comparable institutions that pay reasonable compensation to their executives, managers, and administrators. -(d) Existing requirements of law do not adequately ensure that assets held for charitable purposes are not instead used to enrich executives, managers, and administrators of nonprofit hospitals, hospital groups, and affiliated medical entities through payment of excessive compensation. -(e) The compensation packages for chief executive officers, executives, managers, and administrators of for-profit hospitals in California are often excessive, unnecessary, and inconsistent with the provision of high-quality, affordable medical care, by diverting funds that could be used to expand access to affordable medical care for all Californians. -(f) Chief executive officers, executives, managers, and administrators at hospitals, hospital groups, and affiliated medical entities who are also compensated for their positions on boards of directors of publicly traded companies, privately held companies, and nonprofit organizations risk spending time away from their primary responsibilities to the detriment of high-quality, affordable medical care. -(g) In order to properly assess the scope of excessive compensation packages in the nonprofit hospital sector and to inform policy decisions related to escalating health care costs, it is necessary to understand excessive compensation among private hospitals. -(h) In order to ensure equal opportunity and compensation among health care workers in California, it is necessary to understand compensation by job classification and by race, ethnicity, gender, sexual orientation, and gender identity. -(i) It is the intent of the Legislature in enacting this act to ensure that compensation packages for chief executive officers, executives, managers, and administrators of for-profit and nonprofit hospitals are consistent with the goal of providing affordable, high-quality medical care to all Californians. -(j) The intent of the Legislature in enacting this act is also to ensure that compensation packages for chief executive officers, executives, managers, and administrators of nonprofit hospitals, hospital groups, and affiliated medical entities are consistent with the charitable purposes of those nonprofits and are reasonable and not excessive in light of the substantial public benefit that the state tax exemption for nonprofit organizations conveys. -(k) It is also the intent of the Legislature in enacting this act to ensure that compensation packages for employees of for-profit and nonprofit hospitals are not discriminatory based on race, ethnicity, gender, sexual orientation, or gender identity. -SEC. 3. -Chapter 2.17 (commencing with Section 1339.85) is added to Division 2 of the Health and Safety Code, to read: -CHAPTER 2.17. Hospital Executive Compensation Transparency Act of 2016 -1339.85. -For purposes of this chapter, the following definitions shall have the following meanings: -(a) “Annual hospital executive compensation report” refers to the report described in Section 1339.87. -(b) “Board compensation” shall mean the total annual compensation provided to each hospital executive by any publicly traded company, privately held company, or nonprofit organization on whose board of directors a hospital executive sits and from which the hospital executive received total annual compensation of more than one thousand dollars ($1,000). -(c) (1) “Covered hospital or medical entity” shall mean any of the following: -(A) A private nonprofit general acute care hospital, as defined in subdivision (a) of Section 1250. -(B) An acute psychiatric hospital, as defined in subdivision (b) of Section 1250. -(C) Any private for-profit general acute care hospital that is licensed under subdivision (a) or (b) of Section 1250 and operated within the state for profit under Division 1 (commencing with Section 100) of Title 1 of the Corporations Code, including by a foreign corporation. -(D) A hospital group, which shall mean any group of two or more hospitals described in subparagraphs (A) to (C), inclusive, or any person, corporation, partnership, limited liability company, trust, or other entity that owns, operates, or controls, in whole or in part, any such group. -(E) A hospital-affiliated medication foundation, which shall mean a medical foundation, as described in subdivision (l) of Section 1206, that satisfies either or both of the following conditions: -(i) The medical foundation is a disregarded entity of, or would be required to be designated as a related organization on Internal Revenue Service Form 990 (or its accompanying schedules or the successor of such forms or schedules) of, a hospital, hospital group, hospital-affiliated physicians group, or a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated physicians group. -(ii) A majority of the medical foundation’s assets are owned by a hospital, hospital group, or hospital-affiliated physicians group or by a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated physicians group, or the medical foundation owns a majority of the assets of a hospital, hospital group, or hospital-affiliated physicians group or of a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated physicians group. -(F) A hospital-affiliated physicians group, which shall mean any physicians group or medical group that satisfies either or both of the following conditions: -(i) The physicians group is a disregarded entity of, or would be required to be designated as a related organization on Internal Revenue Service Form 990 (or its accompanying schedules or the successor of such forms or schedules) of, a hospital, hospital group, or hospital-affiliated medical foundation or a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated medical foundation. -(ii) A majority of the physicians group’s assets are owned by a hospital, hospital group, or hospital-affiliated medical foundation or a nonprofit corporation that owns, operates, or controls, in whole or in part, a hospital, hospital group, or hospital-affiliated medical foundation. -(G) A health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23. -(2) “Covered hospital or medical entity” shall not include any of the following: -(A) Hospitals operated or licensed by the United States Department of Veterans Affairs or public hospitals as defined in paragraph (25) of subdivision (a) of Section 14105. 98 of the Welfare and Institutions Code, with the exception of hospitals owned or operated by a health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23. -(B) Designated public hospitals, as described in subdivision (d) of Section 14166.1 of the Welfare and Institutions Code. -(d) “Executive compensation reporting threshold” shall mean the total annual compensation from any source for work performed or services provided at or for the covered hospital or medical entity that is greater than -two hundred fifty thousand dollars ($250,000) -three hundred thousand dollars ($300,000) -in a year. -(e) (1) “Hospital executive” shall mean all persons whose primary duties are executive, managerial, or administrative at or for the covered hospital or medical entity, even if that person also performs or performed other duties. -(2) “Hospital executive” shall include, but is not limited to, chief executive officers, chief executive managers, chief executives, executive officers, executive directors, chief financial officers, presidents, executive presidents, vice presidents, executive vice presidents, and other comparable positions. -(3) The definition of “hospital executive” shall apply irrespective of whether the person exercising executive, managerial, or administrative authority is or was an employee of a covered hospital or medical entity or a nonprofit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity. The definition shall also apply to any person who exercises or exercised such authority even if the arrangements for such authority or for compensation or both are pursuant to a contract or subcontract. -(4) “Hospital executive” shall include any person who held the duties described under this paragraph during the period covered by the annual report, even if the person is postemployment or postservice. -(5) “Hospital executive” shall not apply to medical or health care professionals whose primary duties are or were the provision of medical services, research, direct patient care, or other nonmanagerial, nonexecutive, and nonadministrative services. -(f) “Office” means the Office of Statewide Health Planning and Development. -(g) (1) “Total annual compensation” shall mean all remuneration paid, earned, or accrued in the course of a fiscal year for work performed or services provided, including the cash value of all remuneration (including benefits) in any medium other than cash, except as otherwise specified in paragraph (2), and including, but not limited to, all of the following: -(A) Wages; salary; paid time off; bonuses; incentive payments; lump-sum cash payments; the fair market value of below-market-rate loans or loan forgiveness; housing payments; payments for transportation, travel, meals, or other expenses in excess of actual documented expenses incurred in the performance of duties; payments or reimbursement for entertainment or social club memberships; the cash value of housing, automobiles, parking, or similar benefits; scholarships or fellowships; the cash value of dependent care or adoption assistance or personal legal or financial services; the cash value of stock options or awards; payments or contributions for insurance, except as exempted in paragraph (2), to a Section 125 cafeteria plan or equivalent arrangement, to a health savings account, or for severance or its equivalent; and deferred compensation earned or accrued, even if not yet vested nor paid. -(B) The total value in the aggregate of the compensation or payments authorized or paid under a severance or similar postservice or postemployment arrangement, to include the fair market value of all cash remuneration as well as the fair market value of all remuneration (including benefits) paid in any medium other than cash, as defined in paragraph (1), subject to the exclusion set forth in paragraph (2). -(C) Payments, compensation, or remuneration for work performed or services provided at or for a covered hospital or medical entity even if made by a separate person or entity, including, but not limited to, any of the following: -(i) A for-profit or unincorporated entity. -(ii) A corporation, partnership, or limited liability company. -(iii) A trust or other entity that is controlled by the same person or persons who govern a covered hospital or medical entity. -(iv) A supporting or supported organization within the meaning of Sections 509(a)(3) and 509(f)(3) of the Internal Revenue Code. -(v) A disregarded entity of, or related organization as set forth within, the Internal Revenue Service Form 990 of a covered hospital or medical entity or a nonprofit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity. -(D) Payment of compensation or remuneration by any person, corporation, partnership, limited liability company, trust, or other entity that a covered hospital or medical entity, or a nonprofit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity, participates in, belongs to, is a member of, or pays into shall be presumed compensation for work performed or services provided at or for the covered hospital or medical entity. -(2) “Total annual compensation” shall not include the cost of health insurance or disability insurance or payments or contributions to a health reimbursement account. -1339.87. -(a) On and after October 1, 2017, each covered hospital or medical entity shall submit an annual hospital executive compensation report to the office for every hospital executive whose total annual compensation met or exceeded the executive compensation reporting threshold. The report shall include all of the following information for the prior fiscal year: -(1) The names, positions, or titles of each hospital executive and the aggregate total annual compensation for each hospital executive at or exceeding the executive compensation reporting threshold, including all of the information described under subdivision (g) of Section 1339.85, with a description of each entity that has contributed to the total annual compensation of each hospital executive, in any form, and the amount of such compensation. -(2) A detailed breakdown of all wage and nonwage compensation. -(3) Identification of any benefit or remuneration excluded from the definition of total annual compensation pursuant to paragraph (2) of subdivision (g) of Section 1339.85. -(4) A detailed breakdown of board compensation, which shall include all of the following: -(A) The name of the publicly traded company, privately held company, or nonprofit organization that provided the board compensation. -(B) The number of hours the hospital executive spent on matters related to their duties as a director of the publicly traded company, privately held company, or nonprofit organization for which the board compensation was received. -(b) Consistent with the annual equal employment opportunity and compensation report on employees’ ethnicity, race, and sex by job category and compensation required by Part 1602 of Chapter XIV of Subtitle B of Title 29 of the Code of Federal Regulations, on or after October 1, 2017, and annually thereafter, each covered hospital or medical entity with 100 or more employees shall submit to the office all of the following information for the prior fiscal year: -(1) The number of employees earning annual total compensation in 12 pay bands, as proposed by the federal Equal Employment Opportunity Commission in the Federal Register, Volume 81, Number 20, on February 1, 2016, on pages 5113 to 5121, inclusive, for each of the eight employee classifications defined in the office’s hospital annual financial data and by self-reported gender, ethnicity, and race, and voluntarily self-reported sexual orientation and gender identity. -(2) The total number of hours worked by the employees included in each pay band described in paragraph (1). -(c) On and after January 1, 2018, the office shall post the annual hospital executive compensation report for each covered hospital or medical entity on the office’s Internet Web site. -(d) The annual report shall be submitted on the form or in the format required by the office. -(e) (1) The board of directors of any nonprofit or for-profit corporation that owns, operates, or controls, in whole or in part, a covered hospital or medical entity shall approve the annual report before it is submitted to the office. -(2) Each director shall act in good faith and with reasonable care and inquiry in approving the annual report and in ensuring that the corporation complies with the requirements of this section. -(3) For each covered hospital or medical entity governed, owned, or controlled by a board of directors, the annual report shall state that it was approved by the board of directors and set forth the date of such approval, and shall be attested to under penalty of perjury by an authorized representative of the covered hospital or medical entity board of directors. -(f) (1) Any scheme or artifice that has the purpose of avoiding the reporting requirements established by this section shall constitute a violation of this section. -(2) Payments, compensation, or remuneration by a separate entity that is purported not to be for work performed or services provided at or for a covered hospital or medical entity, but that is disproportionate to its purported purpose so as to evade the annual hospital executive compensation reporting requirements specified in this section, shall constitute a violation of this section. -(g) The office shall establish and assess reasonable fees, to be submitted with each annual report, to cover only the reasonable costs of implementing and ensuring compliance with this section and each activity authorized or required by this section. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides for the licensure and regulation of health facilities, including general acute care hospitals, by the State Department of Public Health. -This bill would require covered hospitals and medical entities, as defined, to annually submit to the Office of Statewide Health Planning and Development an executive compensation report for every executive whose annual compensation exceeds a specified threshold. The bill would also require each covered hospital or medical entity with 100 or more employees to annually report compensation information by employee classification and by gender, ethnicity, race, sexual orientation, and gender identity, as self-reported by its employees. The bill would require specified information to be included in these reports, and would require that certain reports be attested to under penalty of perjury. Because a violation thereof would be a crime, the bill would impose a state-mandated local program. The bill would authorize the office to impose a reasonable fee to cover the costs of implementation and administration of these provisions. The bill would require the office to post these reports on its Internet Web site. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Chapter 2.17 (commencing with Section 1339.85) to Division 2 of the Health and Safety Code, relating to health facilities." -1126,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7522.20 of the Government Code is amended to read: -7522.20. -(a) Except as provided in subdivision (c) or (d), each retirement system that offers a defined benefit plan for nonsafety members of the system shall use the formula prescribed by this section. The defined benefit plan shall provide a pension at retirement for service equal to the percentage of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding quarter year, in the following table, multiplied by the number of years of service in the system as a nonsafety member. A member may retire for service under this section after five years of service and upon reaching 52 years of age. -Age of Retirement -Fraction -52 ........................ -1.000 -52 -1/4 -........................ -1.025 -52 -1/2 -........................ -1.050 -52 -3/4 -........................ -1.075 -53 ........................ -1.100 -53 -1/4 -........................ -1.125 -53 -1/2 -........................ -1.150 -53 -3/4 -........................ -1.175 -54 ........................ -1.200 -54 -1/4 -........................ -1.225 -54 -1/2 -........................ -1.250 -54 -3/4 -........................ -1.275 -55 ........................ -1.300 -55 -1/4 -........................ -1.325 -55 -1/2 -........................ -1.350 -55 -3/4 -........................ -1.375 -56 ........................ -1.400 -56 -1/4 -........................ -1.425 -56 -1/2 -........................ -1.450 -56 -3/4 -........................ -1.475 -57 ........................ -1.500 -57 -1/4 -........................ -1.525 -57 -1/2 -........................ -1.550 -57 -3/4 -........................ -1.575 -58 ........................ -1.600 -58 -1/4 -........................ -1.625 -58 -1/2 -........................ -1.650 -58 -3/4 -........................ -1.675 -59 ........................ -1.700 -59 -1/4 -........................ -1.725 -59 -1/2 -........................ -1.750 -59 -3/4 -........................ -1.775 -60 ........................ -1.800 -60 -1/4 -........................ -1.825 -60 -1/2 -........................ -1.850 -60 -3/4 -........................ -1.875 -61 ........................ -1.900 -61 -1/4 -........................ -1.925 -61 -1/2 -........................ -1.950 -61 -3/4 -........................ -1.975 -62 ........................ -2.000 -62 -1/4 -........................ -2.025 -62 -1/2 -........................ -2.050 -62 -3/4 -........................ -2.075 -63 ........................ -2.100 -63 -1/4 -........................ -2.125 -63 -1/2 -........................ -2.150 -63 -3/4 -........................ -2.175 -64 ........................ -2.200 -64 -1/4 -........................ -2.225 -64 -1/2 -........................ -2.250 -64 -3/4 -........................ -2.275 -65 ........................ -2.300 -65 -1/4 -........................ -2.325 -65 -1/2 -........................ -2.350 -65 -3/4 -........................ -2.375 -66 ........................ -2.400 -66 -1/4 -........................ -2.425 -66 -1/2 -........................ -2.450 -66 -3/4 -........................ -2.475 -67 ........................ -2.500 -(b) Pensionable compensation used to calculate the defined benefit shall be limited as described in Section 7522.10. -(c) A new member of the State Teachers’ Retirement System shall be subject to the formula established pursuant to Section 24202.6 of the Education Code. -(d) With respect to new members, a public agency participating in the Public Employees’ Retirement System pursuant to contract may provide the formula established in Section 21354.6 in lieu of this section and subject to the requirements of Section 21354.6. -SEC. 2. -Section 21354.6 is added to the Government Code, to read: -21354.6. -(a) -Notwithstanding any other law, a contracting agency may make the formula provided in this section applicable to miscellaneous, nonsafety employees hired after January 1, 2017, -and who are otherwise new members as defined in Section 7522.04, -provided that the agency and representative employee organization have agreed to its application in a valid memorandum of understanding, the contracting agency adopts -a resolution or -an ordinance to this effect, and the agency’s contract is amended in the manner prescribed for approval of contracts or, in the case of a new contract, by express provision in the contract. The pension at retirement for service provided by this section shall be equal to the percentage of the member’s final compensation set forth opposite the member’s age at retirement, taken to the preceding quarter year, in the following table, multiplied by the number of years of service in the system as a nonsafety member. A member may retire for service under this section after five years of -state -service and upon reaching 55 years of -age. -age, except as provided in Section 21060. -Age of Retirement -Fraction -55 ........................ -1.000 -55 -1/4 -........................ -1.025 -55 -1/2 -........................ -1.050 -55 -3/4 -........................ -1.075 -56 ........................ -1.100 -56 -1/4 -........................ -1.125 -56 -1/2 -........................ -1.150 -56 -3/4 -........................ -1.175 -57 ........................ -1.200 -57 -1/4 -........................ -1.225 -57 -1/2 -........................ -1.250 -57 -3/4 -........................ -1.275 -58 ........................ -1.300 -58 -1/4 -........................ -1.325 -58 -1/2 -........................ -1.350 -58 -3/4 -........................ -1.375 -59 ........................ -1.400 -59 -1/4 -........................ -1.425 -59 -1/2 -........................ -1.450 -59 -3/4 -........................ -1.475 -60 ........................ -1.500 -60 -1/4 -........................ -1.525 -60 -1/2 -........................ -1.550 -60 -3/4 -........................ -1.575 -61 ........................ -1.600 -61 -1/4 -........................ -1.625 -61 -1/2 -........................ -1.650 -61 -3/4 -........................ -1.675 -62 ........................ -1.700 -62 -1/4 -........................ -1.725 -62 -1/2 -........................ -1.750 -62 -3/4 -........................ -1.775 -63 ........................ -1.800 -63 -1/4 -........................ -1.825 -63 -1/2 -........................ -1.850 -63 -3/4 -........................ -1.875 -64 ........................ -1.900 -64 -1/4 -........................ -1.925 -64 -1/2 -........................ -1.950 -64 -3/4 -........................ -1.975 -65 ........................ -2.000 -65 -1/4 -........................ -2.025 -65 -1/2 -........................ -2.050 -65 -3/4 -........................ -2.075 -66 ........................ -2.100 -66 -1/4 -........................ -2.125 -66 -1/2 -........................ -2.150 -66 -3/4 -........................ -2.175 -67 ........................ -2.200 -67 -1/4 -........................ -2.225 -67 -1/2 -........................ -2.250 -67 -3/4 -........................ -2.275 -68 ........................ -2.300 -68 -1/4 -........................ -2.325 -68 -1/2 -........................ -2.350 -68 -3/4 -........................ -2.375 -69 ........................ -2.400 -69 -1/4 -........................ -2.425 -69 -1/2 -........................ -2.450 -69 -3/4 -........................ -2.475 -70 ........................ -2.500 -(b) Unless otherwise permitted by law, a miscellaneous, nonsafety employee, who is not a new member as defined in Section 7522.04, shall be subject to the benefit formula in Section 7522.20 if employed by a public employer that did not contract with this system to provide retirement benefits on or before December 31, 2012. -(c) Pensionable compensation used to calculate the defined benefit pursuant to this section shall be limited as described in Section 7522.10.","The Public Employees’ Retirement Law authorizes a public agency to participate in, and make all or part of its employees members of, the Public Employees’ Retirement System (PERS) by a contract entered into between its governing body and the board of administration of the system. The California Public Employees’ Pension Reform Act of 2013 (PEPRA) requires a public retirement system, as defined, to modify its plan or plans to comply with the act and, among other provisions, establishes new retirement formulas for employees first hired on or after January 1, 2013, as specified. -This bill would authorize a public agency that has contracted with the board of administration of PERS to offer an alternative formula from that required by PEPRA, to be applicable to miscellaneous, nonsafety employees hired after January 1, 2017, -and who are new members, as defined, -if specified contingencies are satisfied, including that the agency and representative employee organization have agreed to its application in a valid memorandum of understanding. -The bill would require that miscellaneous, nonsafety employees who are not new members, as defined, if they are employed by a public employer that did not contract with PERS prior to December 31, 2012, be covered by the default benefit formula under PEPRA. The bill would specify what is pensionable compensation for these purposes.","An act to amend Section 7522.20 of, and to add Section 21354.6 to, the Government Code, relating to public employees’ retirement." -1127,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known and may be cited as the Charles Emmanuel Briggs Memorial Act of 2016. -SEC. 2. -Section 12022.53 of the Penal Code is amended to read: -12022.53. -(a) This section applies to the following felonies: -(1) Section 187 (murder). -(2) Section 203 or 205 (mayhem). -(3) Section 207, 209, or 209.5 (kidnapping). -(4) Section 211 (robbery). -(5) Section 215 (carjacking). -(6) Section 220 (assault with intent to commit a specified felony). -(7) Subdivision (d) of Section 245 (assault with a firearm on a peace officer or firefighter). -(8) Section 261 or 262 (rape). -(9) Section 264.1 (rape or sexual penetration in concert). -(10) Section 286 (sodomy). -(11) Section 288 or 288.5 (lewd act on a child). -(12) Section 288a (oral copulation). -(13) Section 289 (sexual penetration). -(14) Section 4500 (assault by a life prisoner). -(15) Section 4501 (assault by a prisoner). -(16) Section 4503 (holding a hostage by a prisoner). -(17) Any felony punishable by death or imprisonment in the state prison for life. -(18) Any attempt to commit a crime listed in this subdivision other than an assault. -(b) Notwithstanding any other -provision of -law, -any -a -person who, in the commission of a felony specified in subdivision (a), personally uses a -firearm, -firearm or crossbow -shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years. The firearm -or crossbow -need not be operable or loaded for this enhancement to apply. -(c) Notwithstanding any other -provision of -law, any person who, in the commission of a felony specified in subdivision (a), personally and intentionally discharges a -firearm, -firearm or crossbow -shall be punished by an additional and consecutive term of imprisonment in the state prison for 20 years. -(d) Notwithstanding any other -provision of -law, any person who, in the commission of a felony specified in subdivision (a), Section 246, or subdivision (c) or (d) of Section 26100, personally and intentionally discharges a firearm -or crossbow -and proximately causes great bodily injury, as defined in Section 12022.7, or death, to any person other than an accomplice, shall be punished by an additional and consecutive term of imprisonment in the state prison for 25 years to life. -(e) (1) The enhancements provided in this section shall apply to any person who is a principal in the commission of an offense if both of the following are pled and proved: -(A) The person violated subdivision (b) of Section 186.22. -(B) Any principal in the offense committed any act specified in subdivision (b), (c), or (d). -(2) An enhancement for participation in a criminal street gang pursuant to Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1 shall not be imposed on a person in addition to an enhancement imposed pursuant to this subdivision, unless the person personally used or personally discharged a firearm -or crossbow -in the commission of the offense. -(f) Only one additional term of imprisonment under this section shall be imposed per person for each crime. If more than one enhancement per person is found true under this section, the court shall impose upon that person the enhancement that provides the longest term of imprisonment. An enhancement involving a firearm specified in Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or 12022.55 shall not be imposed on a person in addition to an enhancement imposed pursuant to this section. An enhancement for great bodily injury as defined in Section 12022.7, 12022.8, or 12022.9 shall not be imposed on a person in addition to an enhancement imposed pursuant to subdivision (d). -(g) Notwithstanding any other -provision of -law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person found to come within the provisions of this section. -(h) Notwithstanding Section 1385 or any other -provision of -law, the court shall not strike an allegation under this section or a finding bringing a person within the provisions of this section. -(i) The total amount of credits awarded pursuant to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 or pursuant to Section 4019 or any other provision of law shall not exceed 15 percent of the total term of imprisonment imposed on a defendant upon whom a sentence is imposed pursuant to this section. -(j) For the penalties in this section to apply, the existence of any fact required under subdivision (b), (c), or (d) shall be alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. -When -If -an enhancement specified in this section has been admitted or found to be true, the court shall impose punishment for that enhancement pursuant to this section rather than imposing punishment authorized under any other -provision of -law, unless another enhancement provides for a greater penalty or a longer term of imprisonment. -(k) -When -If -a person is found to have used or discharged a firearm -or crossbow -in the commission of an offense that includes an allegation pursuant to this section and the firearm -or crossbow -is owned by that person, a coparticipant, or a coconspirator, the court shall order that the firearm -or crossbow -be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. -(l) The enhancements specified in this section -shall -do -not apply to the lawful use or discharge of a firearm -or crossbow -by a public officer, as provided in Section 196, or by any person in lawful self-defense, lawful defense of another, or lawful defense of property, as provided in Sections 197, 198, and 198.5. -(m) For the purposes of this section, “crossbow” means any device that is designed to fire a bolt or arrow projectile by releasing a string or wire held at tension, including, but not limited to, crossbows, compound bows, and long bows. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law provides for specified enhancements for the use or discharge of a firearm, or discharge of a firearm that causes serious bodily injury or death, in connection with certain offenses, as specified. -This bill would also make those enhancements applicable if the weapon used or discharged is a crossbow. By expanding the scope of an enhancement, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 12022.53 of the Penal Code, relating to sentencing." -1128,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1970 of the Business and Professions Code is amended to read: -1970. -There is hereby established in the Dental Board of California the Dental Corps Loan Repayment Program of 2002, which shall become operative on January 1, 2003. This program shall be known and may be cited as the California Dental Corps Loan Repayment Program. -SEC. 2. -Section 1970.5 of the Business and Professions Code is amended to read: -1970.5. -It is the intent of this article that the Dental Board of California implement the California Dental Corps Loan Repayment Program. -SEC. 3. -Section 1971 of the Business and Professions Code is repealed. -SEC. 4. -Section 1971 is added to the Business and Professions Code, to read: -1971. -As used in this article: -(a) “Account” means the Dentally Underserved Account established in Section 1973, which is contained within the fund. -(b) “Board” means the Dental Board of California. -(c) “Dentally underserved area” means a geographic area eligible to be designated as having a shortage of dental professionals pursuant to Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations or an area of the state in which unmet priority needs for dentists exist as determined by the California Healthcare Workforce Policy Commission pursuant to Section 128224 of the Health and Safety Code. -(d) “Dentally underserved population” means persons without dental insurance and persons eligible for Denti-Cal who are population groups described as having a shortage of dental care professionals in Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations. -(e) “Fund” means the State Dentistry Fund. -(f) “Medi-Cal threshold languages” means primary languages spoken by limited-English-proficient (LEP) population groups meeting a numeric threshold of 3,000 eligible LEP Medi-Cal beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal beneficiaries residing in two contiguous ZIP Codes. -(g) “Program” means the California Dental Corps Loan Repayment Program. -(h) “Practice setting” means either of the following: -(1) A community clinic, as defined in subdivision (a) of Section 1204 and subdivision (c) of Section 1206 of the Health and Safety Code, a clinic owned or operated by a public hospital and health system, or a clinic owned and operated by a hospital that maintains the primary contract with a county government to fulfill the county’s role pursuant to Section 17000 of the Welfare and Institutions Code that is located in a dentally underserved area or at least 50 percent of whose patients are from a dentally underserved population. -(2) A dental practice or dental corporation, as defined in Section 1800, located in a dentally underserved area or at least 50 percent of whose patients are from a dentally underserved population. -SEC. 5. -Section 1972 of the Business and Professions Code is repealed. -SEC. 6. -Section 1972 is added to the Business and Professions Code, to read: -1972. -(a) (1) A program applicant shall possess a current valid license to practice dentistry in this state issued by the board pursuant to Section 1626, or be currently eligible for graduation from a predoctoral or postdoctoral dental education program approved by the Commission on Dental Accreditation or the board and meet all criteria for licensure, subject to successful completion of applicable education and examination requirements. -(2) An applicant shall submit a completed application provided by the board that shall include, but is not limited to, documentation detailing current loan obligations from any government or commercial lender obtained for purposes of financing tuition or fees at a dental school approved by the Commission on Dental Accreditation or the board. Documentation shall contain the applicant’s account number and the lender’s contact information, as well as current balance owing and monthly installment plan details, if applicable. -(3) An application shall include disclosure of any and all obligations for which the applicant has defaulted or been subject to a judgment lien within the last 10 years, and explanations for each default or judgment lien disclosed. -(4) An applicant, if selected to receive a repayment grant, shall sign an agreement with the board to maintain qualified employment for 36 months continuously, and that the qualified employment meets or once commenced will meet the minimum requirements of the program regarding practice setting, and clinical hours worked. -(5) An applicant shall also agree to provide an annual progress report, signed by both the applicant and employer or employer’s designee. A progress report shall verify the practice setting’s qualified status, clinical hours worked by the applicant, number of patients treated, specific treatment rendered and its value, and patient’s payer source. -(b) The board, in selecting a participant for the program, shall give priority consideration to an applicant who is best suited to meet the cultural and linguistic needs and demands of dentally underserved populations by demonstrating experience in one or more of the following areas: -(1) Speaks one or more Medi-Cal threshold languages. -(2) Comes from an economically disadvantaged background with economic, social, or other circumstances. -(3) Has worked in a health field in an underserved area or with an underserved population. -(4) Is a dentist specialist recognized by the American Dental Association or has met all eligibility requirements to graduate from a dental specialty residency program approved by the Commission on Dental Accreditation. -(5) Has completed an extramural program or rotation during dental school or postgraduate education in which the applicant provided services to a population that speaks any Medi-Cal threshold language. -(c) The practice setting shall meet one or both of the following criteria: -(1) The practice setting shall be located in a dentally underserved area. -(2) The practice setting shall ensure that the program participant serves a patient population that consists of at least 50 percent dentally underserved populations. -(d) A program applicant shall be working in, or have a signed agreement for future employment with, an eligible practice setting. The program participant shall be employed on a full-time basis. “Full-time basis” means 30 hours of clinical hands-on care per week, for no less than 45 weeks per year, except as provided for during customary holidays, personal or family illness, and vacation time as described in a separate employment agreement between the recipient and the practice setting. Upon 30-day notice to the board, the board shall grant an extended leave of absence period for serious illness, pregnancy, or other natural cause. The board may establish other exemptions to the minimum time requirements of this subdivision on a case-by-case basis. -(e) A program participant shall commit to a minimum of three years of service in one or more eligible practice settings. Loan repayment or grant disbursement shall be deferred until the dentist is employed on a full-time basis. -(f) The board may coordinate with local and statewide trade and professional dental organizations, as well as educational institutions, for outreach to potentially eligible applicants. -(g) The board shall develop a process for a program participant’s repayment of loans or grants disbursed in the event that the participant is terminated prior to completion of, or is otherwise unable to complete, his or her three years of service obligation. Cause for termination includes, but is not limited to, the following: -(1) Recipient’s termination of full-time, qualified employment. -(2) Recipient’s failure to maintain his or her professional license in good standing. -(3) Recipient’s failure to comply with any other term or condition of this article. -(h) The board may adopt any other standards of eligibility, placement, and termination appropriate to achieve the aim of providing competent dental services in these approved practice settings. -SEC. 7. -Section 1973 of the Business and Professions Code is amended to read: -1973. -(a) The Dentally Underserved Account is hereby created in the State Dentistry Fund. -(b) The sum of three million dollars ($3,000,000) is hereby authorized to be expended from the State Dentistry Fund on this program. These moneys are appropriated as follows: -(1) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2003. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2003–04 fiscal year for operating expenses necessary to manage this program. -(2) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2004. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2004–05 fiscal year for operating expenses necessary to manage this program. -(3) One million dollars ($1,000,000) shall be transferred from the fund to the account on July 1, 2005. Of this amount, sixty-five thousand dollars ($65,000) shall be used by the board in the 2005–06 fiscal year for operating expenses necessary to manage this program. -(c) Funds placed into the account shall be used by the board to repay the loans per agreements made with dentists. -(1) Funds paid out for loan repayment may have a funding match from foundation or other private sources. -(2) Loan repayments shall not exceed one hundred five thousand dollars ($105,000) per individual licensed dentist. -(3) Loan repayments shall not exceed the amount of the educational loans incurred by the dentist applicant. -(d) Notwithstanding Section 11005 of the Government Code, the board may seek and receive matching funds from foundations and private sources to be placed into the account. The board also may contract with an exempt foundation for the receipt of matching funds to be transferred to the account for use by this program. -(e) Funds in the account appropriated in subdivision (b) or received pursuant to subdivision (d) are continuously appropriated for the repayment of loans per agreements made between the board and the dentists. -(f) On or after July 1, 2010, the board shall extend the program and distribute the moneys remaining in the account until all the moneys in the account are expended. -SEC. 8. -Section 1975 of the Business and Professions Code is repealed. -SEC. 9. -Section 1975 is added to the Business and Professions Code, to read: -1975. -The terms of loan repayment granted under this article shall be as follows: -(a) After a program participant has been selected by the board to provide services as a dentist in the program, the board shall provide thirty-five thousand dollars ($35,000) for loan repayment annually, for three years, to reach a total of one hundred five thousand dollars ($105,000), or the total amount of the loan, whichever is the lesser amount. -(b) The initial disbursement of funds shall be made within 30 days from execution of a program agreement between the board and the recipient directly from the board to the qualified lender selected by the recipient, to be credited to the recipient’s account. -(c) Subsequent disbursements in sums equal to the initial disbursement, but not equaling more than the total amount owed by the recipient, shall be made within 30 days of months 13 and 25 of the recipient’s participation in the program. -SEC. 10. -Section 1976 of the Business and Professions Code is amended to read: -1976. -(a) The board shall report to the Legislature, during its sunset review period, the experience of the program since its inception, an evaluation of its effectiveness in improving access to dental care for underserved populations, and recommendations for maintaining or expanding its operation. The report to the Legislature shall also include the following: -(1) The number of program participants. -(2) The practice locations. -(3) The amount expended for the program. -(4) The information on annual progress reports by program participants. -(b) The report to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. -SEC. 11. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to ensure that low-income communities immediately receive the dental care they desperately lack as soon as possible by removing barriers to available and unused special funds for dentists who seek to serve designated underserved populations, it is necessary that this act take effect immediately.","Under the Dental Practice Act, the Dental Board of California is responsible for the licensure and regulation of dentists. Existing law establishes the Dental Corps Loan Repayment Program of 2002 to assist dentists who practice in an underserved area with loan repayment pursuant to an agreement between the board and the dentist, as specified. Existing law governs eligibility, application, selection, placement, and repayment for the program, and authorizes the board to adopt standards to implement the program relating to eligibility, placement, and termination. Existing law creates the Dentally Underserved Account within the State Dentistry Fund and moneys in the account are continuously appropriated for purposes of the program. -This bill would require that the program be known as the California Dental Corps Loan Repayment Program and would revise program provisions regarding eligibility, application, selection, and placement. The bill would require the board to develop a process for repayment of loans or grants disbursed if the participant is terminated from the program or is not able to complete the required service obligation, as provided. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend Sections 1970, 1970.5, and 1973 of, to amend and repeal Section 1976 of, and to repeal and add Sections 1971, 1972, and 1975 of, the Business and Professions Code, relating to dentistry, and declaring the urgency thereof, to take effect immediately." -1129,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The Foothill Feeder below Castaic Dam in the County of Los Angeles is the primary conduit for water from the State Water Project for the southern California region served by the Metropolitan Water District of Southern California. The Metropolitan Water District of Southern California is a public agency comprised of 26 member public agencies – 14 cities, 11 municipal water districts, and one county water authority – and provides water to approximately 19 million people in the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura. -(b) Water supplies from the State Water Project are a critical part of southern California’s water supply portfolio, and any interruption of that supply must be minimized to ensure delivery of clean and reliable water supplies for municipal and industrial uses, including health and human safety, and to water agencies and cities that rely upon water supply deliveries from the Metropolitan Water District of Southern California. -(c) Periodic dewatering, inspection, maintenance, modification, or repair, including emergency repairs, require that all or a portion of the Foothill Feeder be dewatered into the Santa Clara River and certain of its tributaries where unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) may be present during these activities. Thus, to protect southern California water supplies, the incidental take of unarmored threespine stickleback must be permitted for the periodic dewatering, inspection, maintenance, modification, or repair of the Foothill Feeder. -(d) During the permit application process pursuant to Section 2081.10 of the Fish and Game Code, the Metropolitan Water District of Southern California shall consult with the Department of Fish and Wildlife and the United States Fish and Wildlife Service with respect to feasible mitigation and conservation measures that may be adopted pursuant to that section. These measures shall be consistent with any state or federal wildlife agency recovery plan adopted for the long-term conservation of the unarmored threespine stickleback in the Santa Clara River watershed. -SEC. 2. -Section 2081.10 is added to the Fish and Game Code, to read: -2081.10. -(a) The department may authorize, under this chapter, the incidental take of unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) attributable to the periodic dewatering, inspection, maintenance, modification, or repair, including emergency repair, of the Metropolitan Water District of Southern California’s Foothill Feeder water supply facility from Castaic Dam to the Joseph Jensen Treatment Plant in the County of Los Angeles, contingent upon the fulfillment of the following conditions: -(1) The department determines that the requirements of subdivisions (b) and (c) of Section 2081 are satisfied for the take of the unarmored threespine stickleback. -(2) The department ensures that all further measures necessary to satisfy the conservation standard of subdivision (d) of Section 2805 are incorporated into the project. -(3) The take authorization provides for the development and implementation, in cooperation with the department, of an adaptive management plan for monitoring the effectiveness of, and adjusting as necessary, the measures to minimize and fully mitigate the impacts of the authorized take and to satisfy the conservation standard of subdivision (d) of Section 2805. -(4) A biologist who has substantial relevant experience evaluating impacts to inland fisheries is on duty whenever an activity is conducted that may affect the unarmored threespine stickleback. -(5) The Metropolitan Water District of Southern California consults with the department to consider feasible measures to avoid and minimize incidental take of unarmored threespine stickleback. For purposes of this paragraph, “feasible” has the same meaning as defined in Section 15364 of Title 14 of the California Code of Regulations. -(b) The take authorization shall cover any incidental take of unarmored threespine stickleback attributable to the periodic dewatering, inspection, maintenance, modification, or repair, including emergency repair, of the Foothill Feeder that may occur in the following locations: -(1) Within the Santa Clara River, from the Bouquet Canyon Road Bridge to a point located 4,000 feet downstream of where Commerce Center Drive, as of January 1, 2016, dead-ends adjacent to the Santa Clara River. -(2) From the confluence with the Santa Clara River upstream to the following locations: -(A) In Charlie Canyon to a point 1,000 feet upstream of the Foothill Feeder facility dewatering structure. -(B) In San Francisquito Creek to the Copper Hill Drive bridge. -(C) In Placerita Creek to the Hacienda Lane crossing. -(D) In Bouquet Creek to the Newhall Ranch Road Bridge. -(c) The take authorization shall also cover any incidental take of unarmored threespine stickleback that may occur in the course of implementing mitigation or conservation actions required in the permit issued pursuant to subdivision (a) as may be modified through an adaptive management plan adopted pursuant to paragraph (3) of subdivision (a). -(d) The permit issued pursuant to subdivision (a) shall include conditions that cover biological and scientific considerations including, but not limited to, criteria for the handling of stranded fish and their relocation into suitable habitat, the dewatering of the Foothill Feeder, and the reasonable and feasible mimicking of streamflows. The permit conditions shall be in compliance with the project description, mitigation measures, and release plan set forth in the certified environmental impact report known as the “Foothill Feeder Repair and Future Inspections Project Environmental Impact Report, January 2005, State Clearinghouse Number 2005071082.” The permit conditions are subject to amendment when required by the adaptive management plan or when modified by a subsequent final environmental document pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). -(e) This section shall not be construed to exempt from any other law the periodic dewatering, inspection, maintenance, modification, or repair of the Foothill Feeder. -(f) If the Metropolitan Water District of Southern California receives a permit under this section, the permit shall require the district to report to the department within six months after every dewatering of the Foothill Feeder. The report shall address compliance with the permit conditions and the effectiveness of the adaptive management plan in contributing to the conservation of the unarmored threespine stickleback. The Metropolitan Water District of Southern California shall ensure that each report is made available to the public. -(g) As used in this section, “modification” does not include alterations to expand the maximum physical capacity of the Foothill Feeder to deliver water. -SEC. 3. -Section 5515 of the Fish and Game Code is amended to read: -5515. -(a) (1) Except as provided in this section or Section 2081.6, 2081.7, 2081.10, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. -(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. -(3) A legally imported fully protected fish may be possessed under a permit issued by the department. -(b) The following are fully protected fish: -(1) Colorado River squawfish (Ptychocheilus lucius). -(2) Thicktail chub (Gila crassicauda). -(3) Mohave chub (Gila mohavensis). -(4) Lost River sucker (Catostomus luxatus). -(5) Modoc sucker (Catostomus microps). -(6) Shortnose sucker (Chasmistes brevirostris). -(7) Humpback sucker (Xyrauchen texanus). -(8) Owens River pupfish (Cyprinoden radiosus). -(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). -(10) Rough sculpin (Cottus asperrimus). -SEC. 3.1. -Section 5515 of the Fish and Game Code is amended to read: -5515. -(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. -(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. -(3) A legally imported fully protected fish may be possessed under a permit issued by the department. -(b) The following are fully protected fish: -(1) Colorado River squawfish (Ptychocheilus lucius). -(2) Thicktail chub (Gila crassicauda). -(3) Mohave chub (Gila mohavensis). -(4) Lost River sucker (Catostomus luxatus). -(5) Modoc sucker (Catostomus microps). -(6) Shortnose sucker (Chasmistes brevirostris). -(7) Humpback sucker (Xyrauchen texanus). -(8) Owens River pupfish (Cyprinoden radiosus). -(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). -(10) Rough sculpin (Cottus asperrimus). -SEC. 3.2. -Section 5515 of the Fish and Game Code is amended to read: -5515. -(a) (1) Except as provided in this section or Section 2081.6, 2081.7, 2081.10, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. -(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. -(3) A legally imported fully protected fish may be possessed under a permit issued by the department. -(b) The following are fully protected fish: -(1) Colorado River squawfish (Ptychocheilus lucius). -(2) Thicktail chub (Gila crassicauda). -(3) Mohave chub (Gila mohavensis). -(4) Lost River sucker (Catostomus luxatus). -(5) Modoc sucker (Catostomus microps). -(6) Shortnose sucker (Chasmistes brevirostris). -(7) Humpback sucker (Xyrauchen texanus). -(8) Owens pupfish (Cyprinoden radiosus). -(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). -(10) Rough sculpin (Cottus asperrimus). -SEC. 3.3. -Section 5515 of the Fish and Game Code is amended to read: -5515. -(a) (1) Except as provided in this section or Section 2081.4, 2081.6, 2081.7, 2081.10, 2089.7, or 2835, a fully protected fish shall not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of a permit or license to take a fully protected fish, and no permit or license previously issued shall have force or effect for that purpose. However, the department may authorize the taking of a fully protected fish for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected fish, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an email address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide relevant information and comments on the proposed authorization. -(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. -(3) A legally imported fully protected fish may be possessed under a permit issued by the department. -(b) The following are fully protected fish: -(1) Colorado River squawfish (Ptychocheilus lucius). -(2) Thicktail chub (Gila crassicauda). -(3) Mohave chub (Gila mohavensis). -(4) Lost River sucker (Catostomus luxatus). -(5) Modoc sucker (Catostomus microps). -(6) Shortnose sucker (Chasmistes brevirostris). -(7) Humpback sucker (Xyrauchen texanus). -(8) Owens pupfish (Cyprinoden radiosus). -(9) Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni). -(10) Rough sculpin (Cottus asperrimus). -SEC. 4. -(a) Section 3.1 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 1845. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) Assembly Bill 2001 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1845, in which case Sections 3, 3.2, and 3.3 of this bill shall not become operative. -(b) Section 3.2 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by both this bill and Assembly Bill 2001. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 5515 of the Fish and Game Code, (3) Assembly Bill 1845 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2001 in which case Sections 3, 3.1, and 3.3 of this bill shall not become operative. -(c) Section 3.3 of this bill incorporates amendments to Section 5515 of the Fish and Game Code proposed by this bill, Assembly Bill 1845, and Assembly Bill 2001. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2017, (2) all three bills amend Section 5515 of the Fish and Game Code, and (3) this bill is enacted after Assembly Bill 1845 and Assembly Bill 2001, in which case Sections 3, 3.1, and 3.2 of this bill shall not become operative.","Existing law prohibits the taking or possession of a fully protected fish, except as provided, and designates the unarmored threespine stickleback as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated. -This bill would permit the department to authorize, under the California Endangered Species Act, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) attributable to the periodic dewatering, inspection, maintenance, modification, or repair of the Metropolitan Water District of Southern California’s Foothill Feeder water supply facility from Castaic Dam to the Joseph Jensen Treatment Plant in the County of Los Angeles, as specified, if certain conditions, including the adoption of an adaptive management plan, are satisfied. The bill would require the Metropolitan Water District of Southern California, if it receives a permit under the bill, to report certain information to the department within 6 months after every dewatering of the Foothill Feeder. -This bill would incorporate additional changes to Section 5515 of the Fish and Game Code, proposed by AB 1845 and AB 2001, that would become operative only if this bill and either or both of those bills are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Section 5515 of, and to add Section 2081.10 to, the Fish and Game Code, relating to fish." -1130,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 62001 of the Government Code is amended to read: -62001. -(a) A community revitalization and investment authority is a public body, corporate and politic, with jurisdiction to carry out a community revitalization plan within a community revitalization and investment area. The authority shall be deemed to be the “agency” described in subdivision (b) of Section 16 of Article XVI of the California Constitution for purposes of receiving tax increment revenues. The authority shall have only those powers and duties specifically set forth in Section 62002. -(b) (1) An authority may be created in any one of the following ways: -(A) A city, county, or city and county may adopt a resolution creating an authority. The composition of the governing board shall be comprised as set forth in subdivision (c). -(B) A city, county, city and county, and special district, as special district is defined in subdivision (m) of Section 95 of the Revenue and Taxation Code, or any combination thereof, may create an authority by entering into a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1. -(2) (A) A school entity, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, may not participate in an authority created pursuant to this part. -(B) A successor agency, as defined in subdivision (j) of Section 34171 of the Health and Safety Code, may not participate in an authority created pursuant to this part, and an entity created pursuant to this part shall not receive any portion of the property tax revenues or other moneys distributed pursuant to Section 34188 of the Health and Safety Code. -(3) An authority formed by a city or county that created a redevelopment agency that was dissolved pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code shall not become effective until the successor agency or designated local authority for the former redevelopment agency has adopted findings of fact stating all of the following: -(A) The agency has received a finding of completion from the Department of Finance pursuant to Section 34179.7 of the Health and Safety Code. -(B) Former redevelopment agency assets which are the subject of litigation against the state, where the city or county or its successor agency or designated local authority are a named plaintiff, have not been or will not be used to benefit any efforts of an authority formed under this part unless the litigation has been resolved by entry of a final judgment by any court of competent jurisdiction and any appeals have been exhausted. -(C) The agency has complied with all orders of the Controller pursuant to Section 34167.5 of the Health and Safety Code. -(c) (1) The governing board of an authority created pursuant to subparagraph (A) of paragraph (1) of subdivision (b) shall be appointed by the legislative body of the city, county, or city and county that created the authority and shall include three members of the legislative body of the city, county, or city and county that created the authority and two public members. The appointment of the two public members shall be subject to Section 54974. The two public members shall live or work within the community revitalization and investment area. -(2) The governing body of the authority created pursuant to subparagraph (B) of paragraph (1) of subdivision (b) shall be comprised of a majority of members from the legislative bodies of the public agencies that created the authority and a minimum of two public members who live or work within the community revitalization and investment area. The majority of the board shall appoint the public members to the governing body. The appointment of the public members shall be subject to Section 54974. -(d) An authority may carry out a community revitalization plan within a community revitalization and investment area. Not less than 80 percent of the land calculated by census tracts, census block groups, as defined by the United States Census Bureau, or any combination of both within the area shall be characterized by both of the following conditions: -(1) An annual median household income that is less than, at the option of the authority, 80 percent of the statewide, countywide, or citywide annual median income. -(2) Three of the following four conditions: -(A) An unemployment rate that is at least 3 percentage points higher than the statewide average annual unemployment rate, as defined by the report on labor market information published by the Employment Development Department in March of the year in which the community revitalization plan is prepared. In determining the unemployment rate within the community revitalization and investment area, an authority may use unemployment data from the periodic American Community Survey published by the United States Census Bureau. -(B) Crime rates, as documented by records maintained by the law enforcement agency that has jurisdiction in the proposed plan area for violent or property crime offenses, that are at least 5 percent higher than the statewide average crime rate for violent or property crime offenses, as defined by the most recent annual report of the Criminal Justice Statistics Center within the Department of Justice, when data is available on the Attorney General’s Internet Web site. The crime rate shall be calculated by taking the local crime incidents for violent or property crimes, or any offense within those categories, for the most recent calendar year for which the Department of Justice maintains data, divided by the total population of the proposed plan area, multiplied by 100,000. If the local crime rate for the proposed plan area exceeds the statewide average rate for either violent or property crime, or any offense within these categories, by more than 5 percent, then the condition described in this subparagraph shall be met. -(C) Deteriorated or inadequate infrastructure, including streets, sidewalks, water supply, sewer treatment or processing, and parks. -(D) Deteriorated commercial or residential structures. -(e) As an alternative to subdivision (d), an authority may also carry out a community revitalization plan within a community revitalization and investment area if it meets either of the following conditions: -(1) The area is established within a former military base that is principally characterized by deteriorated or inadequate infrastructure and structures. Notwithstanding subdivision (c), the governing board of an authority established within a former military base shall include a member of the military base closure commission as a public member. -(2) The census tracts or census block groups, as defined by the United States Census Bureau, within the area are situated within a disadvantaged community as described in Section 39711 of the Health and Safety Code. -(f) An authority created pursuant to this part shall be a local public agency subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). -(g) (1) At any time after the authority is authorized to transact business and exercise its powers, the legislative body or bodies of the local government or governments that created the authority may appropriate the amounts the legislative body or bodies deem necessary for the administrative expenses and overhead of the authority. -(2) The money appropriated may be paid to the authority as a grant to defray the expenses and overhead, or as a loan to be repaid upon the terms and conditions as the legislative body may provide. If appropriated as a loan, the property owners and residents within the plan area shall be made third-party beneficiaries of the repayment of the loan. In addition to the common understanding and usual interpretation of the term, “administrative expense” includes, but is not limited to, expenses of planning and dissemination of information. -SEC. 2. -Section 62002 of the Government Code is amended to read: -62002. -An authority may do all of the following: -(a) Provide funding to rehabilitate, repair, upgrade, or construct infrastructure. -(b) Provide for low- and moderate-income housing in accordance with Part 2 (commencing with Section 62100). -(c) Remedy or remove a release of hazardous substances pursuant to the Polanco Redevelopment Act (Article 12.5 (commencing with Section 33459) of Chapter 4 of Part 1 of Division 24) or Chapter 6.10 (commencing with Section 25403) of Division 20 of the Health and Safety Code. -(d) Provide for seismic retrofits of existing buildings in accordance with all applicable laws and regulations. -(e) Acquire and transfer real property in accordance with Part 3 (commencing with Section 62200). The authority shall retain controls and establish restrictions or covenants running with the land sold or leased for private use for the periods of time and under the conditions as are provided in the plan. The establishment of these controls is a public purpose under this part. -(f) Issue bonds in conformity with Article 4.5 (commencing with Section 53506) and Article 5 (commencing with Section 53510) of Chapter 3 of Part 1 of Division 2 of Title 5. -(g) (1) Borrow money, receive grants, or accept financial or other assistance or investment from the state or the federal government or any other public agency or private lending institution for any project within its area of operation, and may comply with any conditions of the loan or grant. An authority may qualify for funding as a disadvantaged community pursuant to Section 79505.5 of the Water Code or as defined by Section 56033.5. An authority may also enter into an agreement with a qualified community development entity, as defined by Section 45D(c) of the Internal Revenue Code, to coordinate investments of funds derived from the New Markets Tax Credit with those of the authority in instances where coordination offers opportunities for greater efficiency of investments to improve conditions described in subdivisions (d) and (e) within the territorial jurisdiction of the authority. -(2) Receive funds allocated to it pursuant to a resolution adopted by a city, county, or special district to transfer these funds from a source described in subdivision (d), (e), or (f) of Section 53398.75, subject to any requirements upon, or imposed by, the city, county, or special district as to the use of these funds. -(h) Adopt a community revitalization and investment plan pursuant to Sections 62003 and 62004. -(i) Make loans or grants for owners or tenants to improve, rehabilitate, or retrofit buildings or structures within the plan area. -(j) Construct foundations, platforms, and other like structural forms necessary for the provision or utilization of air rights sites for buildings to be used for residential, commercial industrial, or other uses contemplated by the revitalization plan. -(k) Provide direct assistance to businesses within the plan area in connection with new or existing facilities for industrial or manufacturing uses, except as specified in this division. -SEC. 3. -Section 62004 of the Government Code is amended to read: -62004. -(a) The authority shall consider adoption of the plan at three public hearings that shall take place at least 30 days apart. At the first public hearing, the authority shall hear all written and oral comments but take no action. At the second public hearing, the authority shall consider any additional written and oral comments and take action to modify or reject the plan. If the plan is not rejected at the second public hearing, then the authority shall conduct a protest proceeding at the third public hearing to consider whether the property owners and residents within the plan area wish to present oral or written protests against the adoption of the plan. -(b) The draft plan shall be made available to the public and to each property owner within the area at a meeting held at least 30 days prior to the notice given for the first public hearing. The purposes of the meeting shall be to allow the staff of the authority to present the draft plan, answer questions about the plan, and consider comments about the plan. -(c) (1) Notice of the meeting required by subdivision (b) and the public hearings required by this subdivision shall be given in accordance with subdivision (j). The notice shall do all of the following, as applicable: -(A) Describe specifically the boundaries of the proposed area. -(B) Describe the purpose of the plan. -(C) State the day, hour, and place when and where any and all persons having any comments on the proposed plan may appear to provide written or oral comments to the authority. -(D) Notice of second public hearing shall include a summary of the changes made to the plan as a result of the oral and written testimony received at or before the public hearing and shall identify a location accessible to the public where the plan proposed to be presented and adopted at the second public hearing can be reviewed. -(E) Notice of the third public hearing to consider any written or oral protests shall contain a copy of the final plan adopted pursuant to subdivision (a), and shall inform the property owner and resident of his or her right to submit an oral or written protest before the close of the public hearing. The protest may state that the property owner or resident objects to the authority taking action to implement the plan. -(2) At the third public hearing, the authority shall consider all written and oral protests received prior to the close of the public hearing and shall terminate the proceedings or adopt the plan subject to confirmation by the voters at an election called for that purpose. The authority shall terminate the proceedings if there is a majority protest. A majority protest exists if protests have been filed representing over 50 percent of the combined number of property owners and residents in the area who are at least 18 years of age. An election shall be called if between 25 percent and 50 percent of the combined number of property owners and residents in the area who are at least 18 years of age file a protest. -(d) An election required pursuant to paragraph (2) of subdivision (c) shall be held within 90 days of the public hearing and may be held by mail-in ballot. The authority shall adopt, at a duly noticed public hearing, procedures for this election. -(e) If a majority of the property owners and residents vote against the plan, then the authority shall not take any further action to implement the proposed plan. The authority shall not propose a new or revised plan to the affected property owners and residents for at least one year following the date of an election in which the plan was rejected. -(f) At the hour set in the notice required by subdivision (a), the authority shall consider all written and oral comments. -(g) If less than 25 percent of the combined number of property owners and residents in the area who are at least 18 years of age file a protest, the authority may adopt the plan at the conclusion of the third public hearing by ordinance. The ordinance adopting the plan shall be subject to referendum as prescribed by law. -(h) For the purposes of Section 62005, the plan shall be the plan adopted pursuant to this section. -(i) The authority shall consider and adopt an amendment or amendments to a plan in accordance with the provisions of this section. -(j) The authority shall post notice of each meeting or public hearing required by this section in an easily identifiable and accessible location on the authority’s Internet Web site and shall mail a written notice of the meeting or public hearing to each owner of land and each resident at least 10 days prior to the meeting or public hearing. -(1) Notice of the first public hearing shall also be published not less than once a week for four successive weeks prior to the first public hearing in a newspaper of general circulation published in the county in which the area lies. -(2) Notice of the second public hearing shall also be published not less than 10 days prior to the second public hearing in a newspaper of general circulation in the county in which the area lies. -(3) Notice of the third public hearing shall also be published not less than 10 days prior to the third public hearing in a newspaper of general circulation in the county in which the area lies.","The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined, by means of redevelopment projects financed by the issuance of bonds serviced by tax increment revenues derived from the project area. Existing law dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved agencies and to fulfill the enforceable obligations of those agencies. Existing law also provides for various economic development programs that foster community sustainability and community and economic development initiatives throughout the state. -Existing law authorizes certain local agencies to form a community revitalization and investment authority (authority) within a community revitalization and investment area, as defined, to carry out provisions of the Community Redevelopment Law in that area for purposes related to, among other things, infrastructure, affordable housing, and economic revitalization. Existing law requires not less than 80% of the land calculated by census tracts or census block groups, as defined by the United States Census Bureau, within the area to be characterized by several conditions, including a condition that the land has an annual median household income of less than 80% of the statewide annual median income. -This bill would authorize the calculation to be made with a combination of census tracts and census block groups. The bill would also revise the conditions to require, among other things, an annual median household income that is less than 80% of the statewide, countywide, or citywide annual median household income. The bill would also authorize an authority to carry out a community revitalization plan if the census tract or census block groups within the community revitalization and investment area are within a disadvantage community, as prescribed. -Existing law authorizes certain entities that receive ad valorem property taxes to adopt a resolution in a specified manner to allocate their share of tax increment funds within the area covered by a community revitalization plan to the authority. -Existing law authorizes an authority to borrow money, receive grants, or accept financial or other assistance or investment from the state or any other public agency for any project within its area of operation. -This bill would authorize an authority to also receive funds allocated to it pursuant to a resolution adopted by a city, county, or special district to transfer these funds from certain tax and assessment revenues, subject to specified requirements as to the use of those funds.","An act to amend Sections 62001, 62002, and 62004 of the Government Code, relating to economic development." -1131,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 18729 of the Revenue and Taxation Code is amended to read: -18729. -(a) This article shall remain in effect only for taxable years beginning before January 1, 2016, and as of January 1, 2017, is repealed. -(b) Notwithstanding the repeal of this article, any contribution amounts designated pursuant to this article prior to its repeal shall continue to be transferred and disbursed in accordance with this article as in effect immediately prior to that repeal. -SEC. 2. -Article 3.6 (commencing with Section 18730) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: -Article 3.6. California Senior Citizen Advocacy Fund -18730. -(a) For taxable years beginning on or after January 1, 2016, any individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the California Senior Citizen Advocacy Fund established by Section 18731 to be used to conduct the sessions of the California Senior Legislature and to support its ongoing activities on behalf of older persons. -(b) The contribution shall be in full dollar amounts and may be made individually by each signatory on the joint return. -(c) A designation under subdivision (a) shall be made for any taxable year on the original return for that taxable year, and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made. -(d) The Franchise Tax Board shall revise the form of the return to include a space labeled “California Senior Citizen Advocacy Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to conduct the sessions of the California Senior Legislature and to support its ongoing activities on behalf of older persons. -(e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a). -18731. -(a) There is hereby established in the State Treasury the California Senior Citizen Advocacy Fund to receive contributions made pursuant to Section 18730. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18730 to be transferred to the California Senior Citizen Advocacy Fund. The Controller shall transfer from the Personal Income Tax Fund to the California Senior Citizen Advocacy Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18730 for payment into that fund. -(b) The California Senior Citizen Advocacy Fund is the successor fund of the California Senior Legislature Fund. All assets, liabilities, revenues, and expenditures of the California Senior Legislature Fund shall be transferred to, and become a part of, the California Senior Citizen Advocacy Fund, as provided in Section 16346 of the Government Code. Any references in state law to the California Senior Legislature Fund shall be construed to refer to the California Senior Citizen Advocacy Fund. -18732. -(a) All moneys transferred to the California Senior Citizen Advocacy Fund pursuant to Section 18731, upon appropriation by the Legislature, shall be allocated as follows: -(1) To the Controller and the Franchise Tax Board for reimbursement of all costs incurred by the Controller and the Franchise Tax Board in connection with their duties under this article. -(2) The balance to the California Senior Legislature, for its ongoing activities on behalf of older persons. -(b) All moneys allocated pursuant to paragraph (2) of subdivision (a) may be carried over from the year in which they were received and encumbered in any following year. -(c) The funds allocated to the California Senior Legislature for the purpose of funding the activities of the California Senior Legislature shall be spent pursuant to the purview of the Joint Rules Committee of the California Senior Legislature in a manner consistent with the bylaws of the California Senior Legislature, established through a majority vote of the California Senior Legislature. -(d) The California Senior Legislature’s Internet Web site shall report the goals of the organization, the number of and summary of bills proposed by the California Senior Legislature, and all events the California Senior Citizen Advocacy Fund supports each year. -18733. -(a) Except as otherwise provided in subdivision (b), this article shall remain in effect only for taxable years beginning before January 1, 2021, and as of December 1, 2021, is repealed. -(b) (1) By September 1, 2017, and by September 1 of each subsequent calendar year that the California Senior Citizen Advocacy Fund appears on the tax return, the Franchise Tax Board shall do all of the following: -(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. -(B) Provide written notification to the California Senior Legislature of the amount determined in subparagraph (A). -(C) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. -(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. -(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the California Senior Citizen Advocacy Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c). -(c) For each calendar year, beginning with the third calendar year after the first appearance of the California Senior Citizen Advocacy Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows: -(1) The minimum estimated contribution amount for the calendar year shall be an amount equal to the product of the minimum estimated contribution amount for the calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. -(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041. -(d) Notwithstanding the repeal of this article, any contribution amounts designated pursuant to this article prior to its repeal shall continue to be transferred and disbursed in accordance with this article as in effect immediately prior to that repeal.","Under existing law, taxpayers are allowed to contribute amounts in excess of their personal income tax liability for the support of the California Senior Legislature Fund until the year in which the minimum contribution is not received, or January 1, 2019, whichever occurs first. Existing law also contains administrative provisions that are generally applicable to voluntary contributions. -This bill would repeal these provisions regarding contributions for the support of the California Senior Legislature Fund and would instead allow a taxpayer, for taxable years beginning on or after January 1, 2016, to designate an amount in excess of personal income tax liability to be deposited to the California Senior Citizen Advocacy Fund, which the bill would create. This bill would require moneys transferred to the California Senior Citizen Advocacy Fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller, as provided, and to the California Senior Legislature for the purpose of funding the activities of the California Senior Legislature, as provided. -The bill would require the California Senior Legislature’s Internet Web site to report specified information, including all events the California Senior Citizen Advocacy Fund supports each year. -This bill would repeal these voluntary contribution provisions by a specified date or, if contributions made on returns would be less than a specified amount, by an earlier date as provided.","An act to amend Section 18729 of, and to add and repeal Article 3.6 (commencing with Section 18730) of Chapter 3 of Part 10.2 of Division 2 of, the Revenue and Taxation Code, relating to taxation." -1132,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2290.5 of the Business and Professions Code is amended to read: -2290.5. -(a) For purposes of this division, the following definitions apply: -(1) “Asynchronous store and forward” means the transmission of a patient’s medical information from an originating site to the health care provider at a distant site without the presence of the patient. -(2) “Distant site” means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system. -(3) “Health care provider” means either of the following: -(A) A person who is licensed under this division. -(B) A marriage and family therapist intern or trainee functioning pursuant to Section 4980.43. -(4) “Originating site” means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates. -(5) “Synchronous interaction” means a real-time interaction between a patient and a health care provider located at a distant site. -(6) “Telehealth” means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care while the patient is at the originating site and the health care provider is at a distant site. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers, -including, but not limited to, -including -video -communications, telephone communications, email communications, and synchronous text or chat conferencing. -communications and telephone communications. -(b) Prior to the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain oral, written, or digital consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented. -(c) Nothing in this section shall preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth. -(d) The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section. -(e) This section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law. -(f) All laws regarding the confidentiality of health care information and a patient’s rights to his or her medical information shall apply to telehealth interactions. -(g) This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility. -(h) (1) Notwithstanding any other provision of law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations. -(2) By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1). -(3) For the purposes of this subdivision, “telehealth” shall include “telemedicine” as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations. -SEC. 2. -Section 1374.13 of the Health and Safety Code is amended to read: -1374.13. -(a) For the purposes of this section, the definitions in subdivision (a) of Section 2290.5 of the Business and Professions Code apply. -(b) It is the intent of the Legislature to recognize the practice of telehealth as a legitimate means by which an individual may receive health care services from a health care provider without in-person contact with the health care provider. -(c) A health care service plan shall not require that in-person contact occur between a health care provider and a patient before payment is made for the covered services appropriately provided through telehealth, subject to the terms and conditions of the contract entered into between the enrollee or subscriber and the health care service plan, and between the health care service plan and its participating providers or provider groups. -(d) A health care service plan shall not limit the type of setting where services are provided for the patient or by the health care provider before payment is made for the covered services appropriately provided through telehealth, subject to the terms and conditions of the contract entered into between the enrollee or subscriber and the health care service plan, and between the health care service plan and its participating providers or provider groups. -(e) The requirements of this section shall also apply to health care service plan and Medi-Cal managed care plan contracts with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code. -(f) Notwithstanding any law, this section shall not be interpreted to authorize a health care service plan to require the use of telehealth when the health care provider has determined that it is not appropriate. -(g) Notwithstanding any law, this section shall not be interpreted to authorize a health care provider to require the use of telehealth when -a patient prefers to be treated in an in-person setting. Telehealth services should be physician- or practitioner-guided and patient-preferred. -it is not appropriate. Nothing in this section shall preclude a patient from receiving in-person health care delivery services. -(h) A health care service plan shall include in its plan contract coverage and reimbursement for services provided to a patient through telehealth to the same extent as though provided in person or by some other means. -(1) A health care service plan shall reimburse the health care provider for the diagnosis, consultation, or treatment of the enrollee when the service is delivered through telehealth at a rate that is at least as favorable to the health care provider as those established for the equivalent services when provided in person or by some other means. -(2) A health care service plan may subject the coverage of services delivered via telehealth to copayments, coinsurance, or deductible provided that the amounts charged are at least as favorable to the enrollee as those established for the equivalent services when provided in person or by some other means. -(i) A health care service plan shall not limit coverage or reimbursement based on a contract entered into between the health care service plan and an independent telehealth provider or -interfere with the physician-patient -alter the provider-patient -relationship based on the modality utilized for services appropriately provided through telehealth. -(j) Notwithstanding any other law, this section shall not be interpreted to prohibit a health care service plan from undertaking a utilization review of telehealth services, provided that the utilization review is made in the same manner as a utilization review for equivalent services when provided in person or by other means. -(k) This section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law. -(l) All laws regarding the confidentiality of health care information and a patient’s right to his or her medical information shall apply to telehealth services. -SEC. 3. -Section 10123.85 of the Insurance Code is amended to read: -10123.85. -(a) For purposes of this section, the definitions in subdivision (a) of Section 2290.5 of the Business and Professions Code shall apply. -(b) It is the intent of the Legislature to recognize the practice of telehealth as a legitimate means by which an individual may receive health care services from a health care provider without in-person contact with the health care provider. -(c) No health insurer shall require that in-person contact occur between a health care provider and a patient before payment is made for the services appropriately provided through telehealth, subject to the terms and conditions of the contract entered into between the policyholder or contractholder and the insurer, and between the insurer and its participating providers or provider groups. -(d) No health insurer shall limit the type of setting where services are provided for the patient or by the health care provider before payment is made for the covered services appropriately provided by telehealth, subject to the terms and conditions of the contract between the policyholder or contract holder and the insurer, and between the insurer and its participating providers or provider groups. -(e) Notwithstanding any other provision, this section shall not be interpreted to authorize a health insurer to require the use of telehealth when the health care provider has determined that it is not appropriate. -(f) Notwithstanding any law, this section shall not be interpreted to authorize a health care provider to require the use of telehealth when -a patient prefers to be treated in an in-person setting. Telehealth services should be physician- or practitioner-guided and patient-preferred. -it is not appropriate. Nothing in this section shall preclude a patient from receiving in-person health care delivery services. -(g) A health insurer shall include in its policy coverage and reimbursement for services provided to a patient through telehealth to the same extent as though provided in person or by some other means. -(1) A health insurer shall reimburse the health care provider for the diagnosis, consultation, or treatment of the insured when the service is delivered through telehealth at a rate that is at least as favorable to the health care provider as those established for the equivalent services when provided in person or by some other means. -(2) A health insurer may subject the coverage of services delivered via telehealth to copayments, coinsurance, or deductible provided that the amounts charged are at least as favorable to the insured as those established for the equivalent services when provided in person or by some other means. -(h) A health insurer shall not limit coverage or reimbursement based on a contract entered into between the health insurer and an independent telehealth provider or -interfere with the physician-patient -alter the provider-patient -relationship based on the modality utilized for services appropriately provided through telehealth. -(i) Notwithstanding any other law, this section shall not be interpreted to prohibit a health insurer from undertaking a utilization review of telehealth services, provided that the utilization review is made in the same manner as a utilization review for equivalent services when provided in person or by other means. -(j) This section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law. -(k) All laws regarding the confidentiality of health care information and a patient’s right to his or her medical information shall apply to telehealth services. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) Existing law defines “telehealth” as the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care while the patient is at the originating site and the health care provider is at a distant site, and that facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers. Existing law requires that prior to the delivery of health care via telehealth, the health care provider initiating the use of telehealth inform the patient about the use of telehealth and obtain documented verbal or written consent from the patient for the use of telehealth. -This bill would add video -communications, telephone communications, email communications, and synchronous text or chat conferencing -communications and telephone communications -to the definition of telehealth. The bill would also provide that the required prior consent for telehealth services may be digital as well as oral or written. -(2) Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law prohibits health care service plans and health insurers from limiting the type of setting where services are provided for the patient or by the health care provider before payment is made for the covered services appropriately provided through telehealth, subject to the terms and conditions of the contract entered into between the enrollee, insured, subscriber, or policyholder and the plan or insurer, and between the plan or insurer and its participating providers or provider groups. -This bill would also prohibit a health care provider from requiring the use of telehealth when -a patient prefers to receive health care services in person -it is not appropriate -and would require health care service plans and health insurers to include coverage and reimbursement for services provided to a patient through telehealth to the same extent as though provided in person or by some other means, as specified. The bill would prohibit a health care service plan or health insurer from limiting coverage or reimbursement based on a contract entered into between the plan or insurer and an independent telehealth provider. The bill would prohibit a health care service plan or a health insurer from -interfering with the physician-patient -altering the provider-patient -relationship based on the modality utilized for services appropriately provided through telehealth. -The bill would provide that all laws regarding the confidentiality of health care information and a patient’s right to his or her medical information shall apply to telehealth services. -Because a willful violation of the bill’s provisions by a health care service plan would be a crime, it would impose a state-mandated local program. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 2290.5 of the Business and Professions Code, to amend Section 1374.13 of the Health and Safety Code, and to amend Section 10123.85 of the Insurance Code, relating to telehealth." -1133,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 34171 of the Health and Safety Code is amended to read: -34171. -The following terms shall have the following meanings: -(a) “Administrative budget” means the budget for administrative costs of the successor agencies as provided in Section 34177. -(b) (1) “Administrative cost allowance” means the maximum amount of administrative costs that may be paid by a successor agency from the Redevelopment Property Tax Trust Fund in a fiscal year. -(2) The administrative cost allowance shall be 5 percent of the property tax allocated to the successor agency on the Recognized Obligation Payment Schedule covering the period January 1, 2012, through June 30, 2012. The administrative cost allowance shall be up to 3 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund for each fiscal year thereafter ending on June 30, 2016. However, the administrative cost allowance shall not be less than two hundred fifty thousand dollars ($250,000) in any fiscal year, unless this amount is reduced by the oversight board or by agreement with the successor agency. -(3) Commencing July 1, 2016, and for each fiscal year thereafter, the administrative cost allowance shall be up to 3 percent of the actual property tax distributed to the successor agency by the county auditor-controller in the preceding fiscal year for payment of approved enforceable obligations, reduced by the successor agency’s administrative cost allowance and loan repayments made to the city, county, or city and county that created the redevelopment agency that it succeeded pursuant to subdivision (b) of Section 34191.4 during the preceding fiscal year. However, the administrative cost allowance shall not be less than two hundred fifty thousand dollars ($250,000) in any fiscal year, unless this amount is reduced by the oversight board or by agreement between the successor agency and the department. -(4) Notwithstanding paragraph (3), commencing July 1, 2016, a successor agency’s annual administrative costs shall not exceed 50 percent of the total Redevelopment Property Tax Trust Fund distributed to pay enforceable obligations in the preceding fiscal year, which latter amount shall be reduced by the successor agency’s administrative cost allowance and loan repayments made to the city, county, or city and county that created the redevelopment agency that it succeeded pursuant to subdivision (b) of Section 34191.4 during the preceding fiscal year. This limitation applies to administrative costs whether paid within the administrative cost allowance or not, but does not apply to administrative costs paid from bond proceeds or grant funds, or, in the case of a successor agency that is a designated local authority, from sources other than property tax. -(5) The administrative cost allowance shall be approved by the oversight board and shall be the sole funding source for any legal expenses related to civil actions brought by the successor agency or the city, county, or city and county that created the former redevelopment agency, including writ proceedings, contesting the validity of this part or Part 1.8 (commencing with Section 34161) or challenging acts taken pursuant to these parts. Employee costs associated with work on specific project implementation activities, including, but not limited to, construction inspection, project management, or actual construction, shall be considered project-specific costs and shall not constitute administrative costs. -(c) “Designated local authority” shall mean a public entity formed pursuant to subdivision (d) of Section 34173. -(d) (1) “Enforceable obligation” means any of the following: -(A) Bonds, as defined by Section 33602 and bonds issued pursuant to Chapter 10.5 (commencing with Section 5850) of Division 6 of Title 1 of the Government Code, including the required debt service, reserve set-asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency. A reserve may be held when required by the bond indenture or when the next property tax allocation will be insufficient to pay all obligations due under the provisions of the bond for the next payment due in the following half of the calendar year. -(B) Loans of moneys borrowed by the redevelopment agency for a lawful purpose, to the extent they are legally required to be repaid pursuant to a required repayment schedule or other mandatory loan terms. -(C) Payments required by the federal government, preexisting obligations to the state or obligations imposed by state law, -specifically including, but not limited to, federal base reuse obligations for the former Norton Air Force Base as confirmed by the 1990 Joint Powers Agreement providing for member contributions and by the 1990 cooperation agreement pass with a state water contractor, -other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies’ employees, including, but not limited to, pension payments, pension obligation debt service, unemployment payments, or other obligations conferred through a collective bargaining agreement. Costs incurred to fulfill collective bargaining agreements for layoffs or terminations of city employees who performed work directly on behalf of the former redevelopment agency shall be considered enforceable obligations payable from property tax funds. The obligations to employees specified in this subparagraph shall remain enforceable obligations payable from property tax funds for any employee to whom those obligations apply if that employee is transferred to the entity assuming the housing functions of the former redevelopment agency pursuant to Section 34176. The successor agency or designated local authority shall enter into an agreement with the housing entity to reimburse it for any costs of the employee obligations. -(D) Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision. -(E) Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy. However, nothing in this act shall prohibit either the successor agency, with the approval or at the direction of the oversight board, or the oversight board itself from terminating any existing agreements or contracts and providing any necessary and required compensation or remediation for such termination. Titles of or headings used on or in a document shall not be relevant in determining the existence of an enforceable obligation. -(F) (i) Contracts or agreements necessary for the administration or operation of the successor agency, in accordance with this part, including, but not limited to, agreements concerning litigation expenses related to assets or obligations, settlements and judgments, and the costs of maintaining assets prior to disposition, and agreements to purchase or rent office space, equipment and supplies, and pay-related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134. Beginning January 1, 2016, any legal expenses related to civil actions, including writ proceedings, contesting the validity of this part or Part 1.8 (commencing with Section 34161) or challenging acts taken pursuant to these parts shall only be payable out of the administrative cost allowance. -(ii) A sponsoring entity may provide funds to a successor agency for payment of legal expenses related to civil actions initiated by the successor agency, including writ proceedings, contesting the validity of this part or Part 1.8 (commencing with Section 34161) or challenging acts taken pursuant to these parts. If the successor agency obtains a final judicial determination granting the relief requested in the action, the funds provided by the sponsoring entity for legal expenses related to successful causes of action pled by the successor agency shall be deemed an enforceable obligation for repayment under the terms set forth in subdivision (h) of Section 34173. If the successor agency does not receive a final judicial determination granting the relief requested, the funds provided by the sponsoring entity shall be considered a grant by the sponsoring entity and shall not qualify for repayment as an enforceable obligation. -(G) Amounts borrowed from, or payments owing to, the Low and Moderate Income Housing Fund of a redevelopment agency, which had been deferred as of the effective date of the act adding this part; provided, however, that the repayment schedule is approved by the oversight board. Repayments shall be transferred to the Low and Moderate Income Housing Asset Fund established pursuant to subdivision (d) of Section 34176 as a housing asset and shall be used in a manner consistent with the affordable housing requirements of the Community Redevelopment Law (Part 1 (commencing with Section 33000)). -(2) For purposes of this part, “enforceable obligation” does not include any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. However, written agreements entered into (A) at the time of issuance, but in no event later than December 31, 2010, of indebtedness obligations, and (B) solely for the purpose of securing or repaying those indebtedness obligations may be deemed enforceable obligations for purposes of this part. Additionally, written agreements entered into (A) at the time of issuance, but in no event later than June 27, 2011, of indebtedness obligations solely for the refunding or refinancing of other indebtedness obligations that existed prior to January 1, 2011, and (B) solely for the purpose of securing or repaying the refunded or refinanced indebtedness obligations may be deemed enforceable obligations for purposes of this part. Notwithstanding this paragraph, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created it, within two years of the date of creation of the redevelopment agency, may be deemed to be enforceable obligations. Notwithstanding this paragraph, an agreement entered into by the redevelopment agency prior to June 28, 2011, is an enforceable obligation if the agreement relates to state highway infrastructure improvements to which the redevelopment agency committed funds pursuant to Section 33445. Notwithstanding this paragraph, an agreement between the city, county, or city and county that created the former redevelopment agency and the former redevelopment agency is an enforceable obligation if that agreement requires the former redevelopment agency to repay or fulfill an outstanding loan or development obligation imposed by a grant or loan awarded or issued by a federal agency, including the United States Department of Housing and Urban Development, to the city, county, or city and county which subsequently loaned or provided those funds to the former redevelopment agency. -(3) Contracts or agreements between the former redevelopment agency and other public agencies, to perform services or provide funding for governmental or private services or capital projects outside of redevelopment project areas that do not provide benefit to the redevelopment project and thus were not properly authorized under Part 1 (commencing with Section 33000) shall be deemed void on the effective date of this part; provided, however, that such contracts or agreements for the provision of housing properly authorized under Part 1 (commencing with Section 33000) shall not be deemed void. -(e) “Indebtedness obligations” means bonds, notes, certificates of participation, or other evidence of indebtedness, issued or delivered by the redevelopment agency, or by a joint exercise of powers authority created by the redevelopment agency, to third-party investors or bondholders to finance or refinance redevelopment projects undertaken by the redevelopment agency in compliance with the Community Redevelopment Law (Part 1 (commencing with Section 33000)). -(f) “Oversight board” shall mean each entity established pursuant to Section 34179. -(g) “Recognized obligation” means an obligation listed in the Recognized Obligation Payment Schedule. -(h) “Recognized Obligation Payment Schedule” means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each six-month fiscal period until June 30, 2016, as provided in subdivision (m) of Section 34177. On and after July 1, 2016, “Recognized Obligation Payment Schedule” means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each fiscal year as provided in subdivision (o) of Section 34177. -(i) “School entity” means any entity defined as such in subdivision (f) of Section 95 of the Revenue and Taxation Code. -(j) “Successor agency” means the successor entity to the former redevelopment agency as described in Section 34173. -(k) “Taxing entities” means cities, counties, a city and county, special districts, and school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, that receive passthrough payments and distributions of property taxes pursuant to the provisions of this part. -(l) “Property taxes” include all property tax revenues, including those from unitary and supplemental and roll corrections applicable to tax increment. -(m) “Department” means the Department of Finance unless the context clearly refers to another state agency. -(n) “Sponsoring entity” means the city, county, or city and county, or other entity that authorized the creation of each redevelopment agency. -(o) “Final judicial determination” means a final judicial determination made by any state court that is not appealed, or by a court of appellate jurisdiction that is not further appealed, in an action by any party. -(p) From July 1, 2014, to July 1, 2018, inclusive, “housing entity administrative cost allowance” means an amount of up to 1 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund on behalf of the successor agency for each applicable fiscal year, but not less than one hundred fifty thousand dollars ($150,000) per fiscal year. -(1) If a local housing authority assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176, then the housing entity administrative cost allowance shall be listed by the successor agency on the Recognized Obligation Payment Schedule. Upon approval of the Recognized Obligation Payment Schedule by the oversight board and the department, the housing entity administrative cost allowance shall be remitted by the successor agency on each January 2 and July 1 to the local housing authority that assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176. -(2) If there are insufficient moneys in the Redevelopment Obligations Retirement Fund in a given fiscal year to make the payment authorized by this subdivision, the unfunded amount may be listed on each subsequent Recognized Obligation Payment Schedule until it has been paid in full. In these cases the five-year time limit on the payments shall not apply.","Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law defines the term “enforceable obligation” for these purposes to mean, among other things, preexisting obligations to the state or obligations imposed by state law, other than specified passthrough payments that are made by the county auditor-controller. -This bill would expressly include federal base reuse obligations for the former Norton Air Force Base pursuant to specified agreements as a preexisting obligation to the state or obligation imposed by state law.","An act to amend Section 34171 of the Health and Safety Code, relating to redevelopment." -1134,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19332 of the Business and Professions Code is amended to read: -19332. -(a) The Department of Food and Agriculture shall promulgate regulations governing the licensing of indoor and outdoor commercial cultivation sites. -(b) The Department of Pesticide Regulation shall develop guidelines for the use of pesticides in the cultivation of cannabis and residue in harvested cannabis. -(c) The Department of Food and Agriculture shall serve as the lead agency for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) related to the licensing of cannabis cultivation. -(d) Pursuant to Section 13149 of the Water Code, the State Water Resources Control Board, in consultation with the Department of Fish and Wildlife and the Department of Food and Agriculture, shall ensure that individual and cumulative effects of water diversion and discharge associated with cultivation of cannabis do not affect the instream flows needed for fish spawning, migration, and rearing, and the flows needed to maintain natural flow variability. -(e) The Department of Food and Agriculture shall have the authority necessary for the implementation of the regulations it adopts pursuant to this chapter. The regulations shall do all of the following: -(1) Provide that weighing or measuring devices used in connection with the sale or distribution of medical cannabis are required to meet standards equivalent to Division 5 (commencing with Section 12001). -(2) Require that cannabis cultivation by licensees is conducted in accordance with state and local laws. Nothing in this chapter, and no regulation adopted by the Department of Food and Agriculture, shall be construed to supersede or limit the authority of the State Water Resources Control Board, regional water quality control boards, or the Department of Fish and Wildlife to implement and enforce their statutory obligations or to adopt regulations to protect water quality, water supply, and natural resources. -(3) Establish procedures for the issuance and revocation of unique identifiers for activities associated with a cannabis cultivation license, pursuant to Article 8 (commencing with Section 19337). All cannabis shall be labeled with the unique identifier issued by the Department of Food and Agriculture. -(4) Prescribe standards, in consultation with the bureau, for the reporting of information as necessary related to unique identifiers, pursuant to Article 8 (commencing with Section 19337). -(f) The Department of Pesticide Regulation shall require that the application of pesticides or other pest control in connection with the indoor or outdoor cultivation of medical cannabis complies with Division 6 (commencing with Section 11401) of the Food and Agricultural Code and its implementing regulations. -(g) State cultivator license types issued by the Department of Food and Agriculture may include: -(1) Type 1, or “specialty outdoor,” for outdoor cultivation using no artificial lighting of less than or equal to 5,000 square feet of total canopy size on one premises, or up to 50 mature plants on noncontiguous plots. -(2) Type 1A, or “specialty indoor,” for indoor cultivation using exclusively artificial lighting of between 501 and 5,000 square feet of total canopy size on one premises. -(3) Type 1B, or “specialty mixed-light,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, of between 2,501 and 5,000 square feet of total canopy size on one premises. -(4) Type 1C, or “specialty cottage,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, of 2,500 square feet or less of total canopy size for mixed-light cultivation, up to 25 mature plants for outdoor cultivation, or 500 square feet or less of total canopy size for indoor cultivation, on one premises. -(5) Type 2, or “small outdoor,” for outdoor cultivation using no artificial lighting between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. -(6) Type 2A, or “small indoor,” for indoor cultivation using exclusively artificial lighting between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. -(7) Type 2B, or “small mixed-light,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. -(8) Type 3, or “outdoor,” for outdoor cultivation using no artificial lighting from 10,001 square feet to one acre, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type. -(9) Type 3A, or “indoor,” for indoor cultivation using exclusively artificial lighting between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type. -(10) Type 3B, or “mixed-light,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type. -(11) Type 4, or “nursery,” for cultivation of medical cannabis solely as a nursery. Type 4 licensees may transport live plants, if the licensee also holds a Type 12 transporter license issued pursuant to this chapter.","The Medical Cannabis Regulation and Safety Act provides for the licensure and regulation of commercial activities relating to medical cannabis and establishes various types of state cultivator licenses to be issued to qualified applicants by the Department of Food and Agriculture. -This bill would also provide for the issuance of a Type 1C, or “specialty cottage,” state cultivator license, as specified, by the Department of Food and Agriculture.","An act to amend Section 19332 of the Business and Professions Code, relating to medical cannabis." -1135,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) Voting, especially at the local level, is the cornerstone of democracy. However, voter turnout has declined consistently in recent decades. In the most recent general election conducted in November 2014, voter turnout was only 42 percent of eligible voters, representing a historic low. -(2) Research shows that early voting experiences are important determinants of future voting behavior. The formation of voting habits begins when individuals reach voting age and experience their first elections. -(3) Local political decisions have great influence on the lives of 16 and 17 year olds. As such, 16 and 17 year olds deserve to vote, and research shows they are mature enough to do so. -(4) Lowering the voting age for certain local elections will provide an opportunity to engage young voters on issues that directly affect them and will lead to increased voter turnout, thereby strengthening our democracy. As an example, Norway and Austria recently permitted 16 and 17 year olds to vote in certain elections and research shows that voter turnout for 16 and 17 year olds was much higher than older first-time voters. -(5) Lowering the voting age will also increase the demand for better civics education in schools, thereby significantly increasing political engagement. -(6) It is unclear whether existing state law permits charter cities to lower the voting age for local elections. Therefore, this bill seeks to provide legal certainty to those local governments considering this issue. -(b) Therefore, it is the intent of the Legislature that: -(1) Charter cities and charter cities and counties be permitted, and not required, to authorize 16 year olds to vote in school district governing board elections as a means of increasing voter turnout and civil participation. -(2) This section does not create a state-mandated local program because any costs imposed by this act shall be paid for by the charter city or charter city and county or the school district. -SEC. 2. -Section 2000 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read: -2000. -(a) Every person who qualifies under Section 2 of Article II of the California Constitution and who complies with this code governing the registration of electors may vote at any election held within the territory within which he or she resides and the election is held. -(b) Except as provided in subdivision (c), a person who will be at least 18 years of age at the time of the next election is eligible to register and vote at that election. -(c) Pursuant to Section 9255, the governing body of a city or city and county may amend its charter to authorize a person who will be at least 16 years of age at the time of the next election to vote in a school district governing board election in which he or she would be qualified to vote based on residence. This subdivision only applies to elections for school district governing boards that are governed by a charter pursuant to Article 1 (commencing with Section 5200) of Chapter 2 of Part 4 of Division 1 of Title 1 of the Education Code. -(1) The city or city and county shall prescribe the manner and method by which votes may be cast and counted pursuant to this subdivision, provided that all votes are cast no later than 8 p.m. on the day of the election. -(2) If a city or city and county amends its charter as described in this subdivision, it shall enter into an agreement with the county elections official providing for payment by the city, city or county, or school district of all costs necessary to implement the charter amendment. Alternatively, the agreement may provide that the city, city or county, or school district shall perform any or all duties necessary to implement the charter amendment, unless prohibited by law. The agreement need not be entered into before the enactment of the charter amendment described in this subdivision. -(3) A charter amendment adopted pursuant to this subdivision with an effective date on or after January 1, 2017, is valid regardless of the date the charter amendment was approved. -SEC. 3. -Section 2000 of the Elections Code, as amended by Section 1 of Chapter 728 of the Statutes of 2015, is amended to read: -2000. -(a) Every person who qualifies under Section 2 of Article II of the California Constitution and who complies with this code governing the registration of electors may vote at any election held within the territory within which he or she resides and the election is held. -(b) Except as provided in subdivision (d), a person who will be at least 18 years of age at the time of the next election is eligible to register and vote at that election. -(c) Pursuant to Section 2102, any person who is at least 16 years of age and otherwise meets all eligibility requirements to vote is eligible to preregister to vote, but is not eligible to vote until he or she is 18 years of age, except as provided in subdivision (d). -(d) Pursuant to Section 9255, the governing body of a city or city and county may amend its charter to authorize a person who will be at least 16 years of age at the time of the next election to vote in a school district governing board election in which he or she would be qualified to vote based on residence. This subdivision only applies to elections for school district governing boards that are governed by a charter pursuant to Article 1 (commencing with Section 5200) of Chapter 2 of Part 4 of Division 1 of Title 1 of the Education Code. -(1) The city or city and county shall prescribe the manner and method by which votes may be cast and counted pursuant to this subdivision, provided that all votes are cast no later than 8 p.m. on the day of the election. -(2) If a city or city and county amends its charter as described in this subdivision, it shall enter into an agreement with the county elections official providing for payment by the city, city or county, or school district of all costs necessary to implement the charter amendment. Alternatively, the agreement may provide that the city, city or county, or school district shall perform any or all duties necessary to implement the charter amendment, unless prohibited by law. The agreement need not be entered into before the enactment of the charter amendment described in this subdivision. -(3) A charter amendment adopted pursuant to this subdivision with an effective date of January 1, 2017, or later, shall be valid regardless of the date the charter amendment was approved. -SEC. 4. -Section 2101 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read: -2101. -(a) Except as provided in subdivision (b), a person entitled to register to vote shall be a United States citizen, a resident of California, not in prison or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election. -(b) If a city or city and county amends its charter to authorize a person who is at least 16 years of age at the time of the next election to vote in a school district governing board election pursuant to Section 2000, that person may register to vote for the limited purpose of voting in a school district governing board election if he or she otherwise meets the requirements set forth in subdivision (a). -SEC. 5. -Section 2101 of the Elections Code, as amended by Section 2 of Chapter 728 of the Statutes of 2015, is amended to read: -2101. -(a) Except as provided in subdivision (c), a person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election. -(b) A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age. -(c) If a city or city and county amends its charter to authorize a person who is at least 16 years of age at the time of the next election to vote in a school district governing board election pursuant to Section 2000, that person may register to vote for the limited purpose of voting in a school district governing board election if he or she otherwise meets the requirements set forth in subdivision (a). -SEC. 6. -Sections 3 and 5 shall become operative only if the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).","Existing law requires a person to be at least 18 years of age at the time of the next election, among other qualifications, to be eligible to register and vote. -Existing law provides for the amendment of a city or city and county charter, and requires a charter amendment proposed by a charter commission for a city or city and county to be submitted to the voters at an established statewide general, statewide primary, or regularly scheduled municipal election, as specified. -This bill would authorize a city or city and county to propose an amendment to its charter that would allow a person who is at least 16 years of age at the time of the next election to vote in a school district governing board election, as specified, in which he or she would be qualified to vote based on residence. The bill would, in the event that a city or city and county amends its charter as described, authorize a person who is at least 16 years of age at the time of the next election, and who is otherwise qualified, to register to vote for the limited purpose of voting in a school district governing board election. If a city or city and county amends its charter as described above, this bill would require the city or city and county to enter into an agreement, as specified, with the county elections official providing for payment by the city, city or county, or school district of all costs necessary to implement the charter amendment or, alternatively, require that the city, city or county, or school district perform any or all duties necessary to implement the charter amendment, unless prohibited by law. -The bill would further provide that a charter amendment adopted pursuant to these provisions with an effective date on or after January 1, 2017, is valid regardless of the date the charter amendment was approved. -This bill would provide that specified provisions shall become operative only if the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).","An act to amend Sections 2000 and 2101 of the Elections Code, relating to elections." -1136,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 32280 of the Education Code is amended to read: -32280. -It is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, coaches, and other persons who may be interested in the prevention of campus crime and violence and the health and safety of the campus community, to develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. For the purposes of this section, law enforcement agencies include local police departments, county sheriffs’ offices, school district police or security departments, probation departments, and district attorneys’ offices. For purposes of this section, a “safety plan” means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school campus, including sanctioned activities before and after school. -SEC. 2. -Section 32281 of the Education Code is amended to read: -32281. -(a) Each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, -inclusive. -inclusive, including sanctioned activities before and after school. -(b) (1) Except as provided in subdivision (d) with regard to a small school district, the schoolsite council established pursuant to former Section 52012, as it existed before July 1, 2005, or Section 52852 shall write and develop a comprehensive school safety plan relevant to the needs and resources of that particular school. -(2) The schoolsite council may delegate this responsibility to a school safety planning committee made up of the following members: -(A) The principal or the principal’s designee. -(B) One teacher who is a representative of the recognized certificated employee organization. -(C) One parent whose child attends the school. -(D) One classified employee who is a representative of the recognized classified employee organization. -(E) One coach of the school, if the school has a coach. -(F) Other members, if desired. -(3) The schoolsite council shall consult with a representative from a law enforcement agency in the writing and development of the comprehensive school safety plan. -(4) In the absence of a schoolsite council, the members specified in paragraph (2) shall serve as the school safety planning committee. -(c) Nothing in this article shall limit or take away the authority of school boards as guaranteed under this code. -(d) (1) Subdivision (b) shall not apply to a small school district, as defined in paragraph (2), if the small school district develops a districtwide comprehensive school safety plan that is applicable to each schoolsite. -(2) As used in this article, “small school district” means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year. -(e) (1) When a principal or his or her designee verifies through local law enforcement officials that a report has been filed of the occurrence of a violent crime on the schoolsite of an elementary or secondary school at which he or she is the principal, the principal or the principal’s designee may send to each pupil’s parent or legal guardian and each school employee a written notice of the occurrence and general nat incidents may be developed by administrators of the school district or county office of education in consultation with law enforcement officials and with a representative of an exclusive bargaining unit of employees of that school district or county office of education, if he or she chooses to participate. The school district or county office of education may elect not to disclose those portions of the comprehensive school safety plan that include tactical responses to criminal incidents. -(2) As used in this article, “tactical responses to criminal incidents” means steps taken to safeguard pupils and staff, to secure the affected school premises, and to apprehend the criminal perpetrator or perpetrators. -(3) Nothing in this subdivision precludes the governing board of a school district or county office of education from conferring in a closed session with law enforcement officials pursuant to Section 54957 of the Government Code to approve a tactical response plan developed in consultation with those officials pursuant to this subdivision. Any vote to approve the tactical response plan shall be announced in open session following the closed session. -(4) Nothing in this subdivision shall be construed to reduce or eliminate the requirements of Section 32282. -SEC. 3. -Section 32282 of the Education Code is amended to read: -32282. -(a) The comprehensive school safety plan shall include, but not be limited to, both of the following: -(1) Assessing the current status of school crime committed on school campuses and at school-related functions. -(2) Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the school’s procedures for complying with existing laws related to school safety, which shall include the development of all of the following: -(A) Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code. -(B) Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). The disaster procedures shall also include, but not be limited to, both of the following: -(i) Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following: -(I) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. -(II) A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to his or her knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once each school quarter in elementary schools and at least once a semester in secondary schools. -(III) Protective measures to be taken before, during, and following an earthquake. -(IV) A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system. -(ii) Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community. -(C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2. -(D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079. -(E) A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1. -(F) The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing “gang-related apparel,” if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define “gang-related apparel.” The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this paragraph, “gang-related apparel” shall not be considered a protected form of speech pursuant to Section 48950. -(G) Procedures for safe ingress and egress of pupils, parents, and school employees to and from school. -(H) A safe and orderly environment conducive to learning at the school. -(I) The rules and procedures on school discipline adopted pursuant to Sections 35291 and 35291.5. -(J) Any other strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school -campus, including sanctioned activities before and after school. -campus. -(b) It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed by the School/Law Enforcement Partnership Program entitled “Safe Schools: A Planning Guide for Action” in conjunction with developing their plan for school safety. -(c) Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees. -(d) The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public. -(e) As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying. -(f) The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law expresses the intent of the Legislature for all public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, to develop, in cooperation with specified community partners, a comprehensive school safety plan, as defined. -This bill would express the intent of the Legislature to include coaches among the community partners. The bill would also express the intent of the Legislature to expand the scope of the safety plan. -(2) Existing law provides that each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive. -This bill would expand the school safety plans to address sanctioned activities before and after school. To the extent this expansion would impose additional duties on school districts and county offices of education, the bill would impose a state-mandated local program. -(2) -(3) -Existing law requires the schoolsite council of each school of a school district and of a county office of education to write and develop a comprehensive school safety plan relevant to the needs and resources of that particular school, except as specified for small school districts. Existing law authorizes the schoolsite council to delegate this responsibility to a school safety planning committee made up of specified members. Existing law requires the comprehensive school safety plan to include, among other things, the identification of appropriate strategies and programs that will provide or maintain a high level of school safety and address the school’s procedures for complying with existing laws related to school safety, including the development of specified procedures and policies. -This bill would include a coach of the school, if the school has a coach, to the list of specified members to serve on a school safety planning committee. The bill would additionally require a comprehensive school safety plan to include any other strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school -campus, including sanctioned activities before and after school. -campus. -By imposing additional duties on school districts and county offices of education regarding the development of school safety plans, the bill would impose a state-mandated local program. -(3) -(4) -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Sections 32280, 32281, and 32282 of the Education Code, relating to school safety." -1137,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares as follows: -(1) The waters of the state are of limited supply and are subject to ever-increasing demand. -(2) Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development, among other benefits. -(3) Landscape design, installation, maintenance, and management can and should be water efficient. -(4) Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and that the right does not extend to the waste or unreasonable use of water. -(5) Landscapes that are planned, designed, installed, managed, and maintained with a watershed-based approach can improve California’s environmental conditions, provide benefits, and realize sustainability goals such as the reduction in greenhouse gas emissions and recycling goals, and conserve energy. These landscapes will make the urban environment resilient in the face of climatic extremes. -(6) Creating the conditions to support life in the soil by reducing compaction, incorporating organic matter that increases water retention, and promoting productive plant growth leads to more carbon storage, oxygen production, shade, habitat, and aesthetic benefits. -(7) Energy use can be minimized by using efficient irrigation systems, reducing reliance on petroleum-based fertilizers and pesticides, and planting climate-appropriate edible plants and shade trees in urban areas. -(8) Water can be conserved by capturing and reusing rainwater and graywater wherever possible and selecting climate-appropriate plants that need minimal supplemental water after establishment. -(9) Air and water quality can be protected by using low- or zero-emissions outdoor equipment, reducing landfill disposal trips, selecting recycled and local sources of material, using compost mulch and efficient irrigation equipment, and designing landscapes to prevent erosion. -(10) Existing habitat can be protected and new habitat created by choosing local native plants and climate-adapted plants, avoiding invasive plants, and using environmentally sound integrated pest management with the least toxic methods as a first course of action. -(11) Stormwater management practices can minimize runoff and increase infiltration that recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and increase onsite rainwater retention and infiltration should be encouraged. -(b) It is the intent of the Legislature that the California Water Efficient Landscaping Program furthers and accomplishes water conservation, energy efficiency, and greenhouse gas emissions reduction and climate adaptation. -SEC. 2. -Part 2.13 (commencing with Section 10960) is added to Division 6 of the Water Code, to read: -PART 2.13. California Water Efficient Landscaping Program -10960. -(a) -The -Upon identification of a funding source, the -department shall create the California Water Efficient Landscaping Program for the purpose of encouraging local agencies and water purveyors to use economic incentives that promote the efficient use of water, promote greenhouse gas emissions reduction and sequestration, promote the benefits of consistent landscape ordinances in accordance with Article 10.8 (commencing with Section 65591) of Chapter 3 of Division 1 of Title 7 of the Government Code, and support and enhance water inefficient grass replacement. -(b) As used in this part, “water inefficient grass replacement” means -either -both -of the following improvements that substantially -increases -increase -water efficiency of outdoor landscapes: -(1) The installation of a water efficient irrigation system, including, but not limited to, the following: -(A) Low-energy, high-efficiency drip irrigation. -(B) Rain harvesting technology to prevent stormwater runoff and promote water infiltration and supplemental irrigation. -(C) Low-energy graywater infrastructure to supplement outdoor irrigation supplies. -(D) Use of water efficiency application and monitoring systems. -(2) The installation of water efficient and climate friendly landscape, including, but not limited to, the following: -(A) The use of water efficient landscape design to promote stormwater capture and water infiltration while mitigating erosion. -(B) The installation of native plant species and other drought tolerant plants. -(C) The installation of shade trees. -(D) The installation of edible plants and fruit trees. -(E) The generous use of organic soil, compost, and mulch. -(F) The lowest impact method of carbon water inefficient grass replacement such as sheet mulching. -10961. -The program created pursuant to this part shall contain the following three elements: -(a) A residential water inefficient grass replacement rebate program that provides financial incentives for the installation of water efficient landscape improvements. -(b) A jobs program. -(c) Public education for landscaping with the watershed approach in collaboration with local agencies. -10962. -The Water Efficient Landscaping Fund is hereby created in the State Treasury. Moneys in the fund are available, upon appropriation by the Legislature, to the department for the following purposes: -(a) Water inefficient grass replacement of up to two dollars ($2) per square foot. -(b) The purchase of tools, plants, soil, mulch, water efficient irrigation technologies, and materials necessary to install water-efficient landscapes and irrigation systems. -(c) Grants to local conservation corps certified by the California Conservation Corps for projects that promote the use of recycled organics, compost, and mulch, including, but not limited to, the following: -(1) Projects that protect green spaces and urban canopies in disadvantaged and low-income communities from the threat of drought, including, but not limited to, those communities identified by the California Environmental Protection Agency’s screening tool, CalEnviroScreen 2.0. -(2) Projects that include water efficient landscape improvements and projects that develop drought-resistant or rain garden plantscapes for families that qualify for the state Low-Income Home Energy Assistance Program. -(3) Projects that develop community healthy food gardens and landscapes. -(d) Administration of this part. -10963. -In creating the program pursuant to this part, the department shall consider the following: -(a) That landscapes be designed for capture and infiltration capacity that is sufficient to prevent runoff to impervious surfaces and help prevent flooding. -(b) The grading of impervious surfaces such as driveways during construction to drain to vegetated areas. -(c) That the area of impervious surfaces, including, but not limited to, paved areas, roofs, and concrete driveways, be minimized. -(d) Incorporation of pervious and porous surfaces that minimize runoff, including, but not limited to, permeable pavers or blocks, or pervious or porous concrete. -(e) Directing runoff from paved surfaces and roof areas into planting beds and landscaped areas to maximize site water capture and reuse. -(f) Incorporation of rain gardens, cisterns, and other rain harvesting or catchment systems. -(g) Incorporation of infiltration beds, swales, basins, and dry wells to capture stormwater and dry weather runoff and to increase percolation in the soil. -(h) Encouraging the use of constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants. -(i) Education as a critical component to promote the efficient use of water in landscapes. -(j) Encouraging the use of appropriate principles of design, installation, management, and maintenance that save water. -(k) Incentivizing the participation in water inefficient grass replacement programs by disadvantaged communities in drought relief areas. -(l) Prioritizing the participation in water inefficient grass replacement programs for families that qualify for the Low-Income Home Energy Assistance Program. -(m) Equity and fairness statewide in reimbursement rates for water inefficient grass replacement programs. -(n) Program design that maximizes greenhouse gas emissions reductions of the water inefficient grass replacement projects. -(o) Incentivizing installation of graywater systems that conform with the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations). -10964. -In carrying out the program pursuant to this part, the department may use the services of the California Conservation Corps or certified community conservation corps, as defined in Section 14507.5 of the Public Resources Code. -10965. -The following requirements apply to a project that receives a grant pursuant to Section 10962: -(a) The project shall use compost and mulch from recycled organic materials that maximize greenhouse gas emissions reductions. -(b) The project shall leverage local, state, and federal funds. -(c) The department shall give priority to projects that would aid community green spaces and urban canopies at the greatest risk from drought and climate impacts.","The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented. Existing law, the Water Conservation in Landscaping Act, requires the Department of Water Resources to update its model water-efficient landscape ordinance by regulation and prescribes various requirements for the updated model ordinance. Existing law requires each local agency to adopt either the updated model water-efficient landscape ordinance or an ordinance that is at least as effective in conserving water as the updated model ordinance. If the local agency does not make a selection, the model ordinance shall apply within the jurisdiction of the local agency. -This bill would require the department -, upon identification of a funding source, -to create the California Water Efficient Landscaping Program for the purpose of encouraging local agencies and water purveyors to use economic incentives that promote the efficient use of water, promote the benefits of consistent landscape ordinances, and support and enhance water inefficient grass replacement. This bill would create the Water Efficient Landscaping Fund and provide that moneys in the fund are available, upon appropriation by the Legislature, to the department for certain purposes.","An act to add Part 2.13 (commencing with Section 10960) to Division 6 of the Water Code, relating to water." -1138,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1793.2 of the Civil Code is amended to read: -1793.2. -(a) Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: -(1) (A) Maintain in this state sufficient service and repair facilities reasonably close to all areas where its consumer goods are sold to carry out the terms of those warranties or designate and authorize in this state as service and repair facilities independent repair or service facilities reasonably close to all areas where its consumer goods are sold to carry out the terms of the warranties. -(B) As a means of complying with this paragraph, a manufacturer may enter into warranty service contracts with independent service and repair facilities. The warranty service contracts may provide for a fixed schedule of rates to be charged for warranty service or warranty repair work. However, the rates fixed by those contracts shall be in conformity with the requirements of subdivision (c) of Section 1793.3. The rates established pursuant to subdivision (c) of Section 1793.3, between the manufacturer and the independent service and repair facility, do not preclude a good faith discount that is reasonably related to reduced credit and general overhead cost factors arising from the manufacturer’s payment of warranty charges direct to the independent service and repair facility. The warranty service contracts authorized by this paragraph may not be executed to cover a period of time in excess of one year, and may be renewed only by a separate, new contract or letter of agreement between the manufacturer and the independent service and repair facility. -(2) In the event of a failure to comply with paragraph (1) of this subdivision, be subject to Section 1793.5. -(3) Make available to authorized service and repair facilities sufficient service literature and replacement parts to effect repairs during the express warranty period. -(b) Where those service and repair facilities are maintained in this state and service or repair of the goods is necessary because they do not conform with the applicable express warranties, service and repair shall be commenced within a reasonable time by the manufacturer or its representative in this state. Unless the buyer agrees in writing to the contrary, the goods shall be serviced or repaired so as to conform to the applicable warranties within 30 days. Delay caused by conditions beyond the control of the manufacturer or its representatives shall serve to extend this 30-day requirement. Where delay arises, conforming goods shall be tendered as soon as possible following termination of the condition giving rise to the delay. -(c) The buyer shall deliver nonconforming goods to the manufacturer’s service and repair facility within this state, unless, due to reasons of size and weight, or method of attachment, or method of installation, or nature of the nonconformity, delivery cannot reasonably be accomplished. If the buyer cannot return the nonconforming goods for any of these reasons, he or she shall notify the manufacturer or its nearest service and repair facility within the state. Written notice of nonconformity to the manufacturer or its service and repair facility shall constitute return of the goods for purposes of this section. Upon receipt of that notice of nonconformity, the manufacturer shall, at its option, service or repair the goods at the buyer’s residence, or pick up the goods for service and repair, or arrange for transporting the goods to its service and repair facility. All reasonable costs of transporting the goods when a buyer cannot return them for any of the above reasons shall be at the manufacturer’s expense. The reasonable costs of transporting nonconforming goods after delivery to the service and repair facility until return of the goods to the buyer shall be at the manufacturer’s expense. -(d) (1) Except as provided in paragraph (2), if the manufacturer or its representative in this state does not service or repair the goods to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either replace the goods or reimburse the buyer in an amount equal to the purchase price paid by the buyer, less that amount directly attributable to use by the buyer prior to the discovery of the nonconformity. -(2) If the manufacturer or its representative in this state is unable to service or repair a new motor vehicle, as that term is defined in paragraph (2) of subdivision (e) of Section 1793.22, to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either promptly replace the new motor vehicle in accordance with subparagraph (A) or promptly make restitution to the buyer in accordance with subparagraph (B). However, the buyer shall be free to elect restitution in lieu of replacement, and in no event shall the buyer be required by the manufacturer to accept a replacement vehicle. -(A) In the case of replacement, the manufacturer shall replace the buyer’s vehicle with a new motor vehicle substantially identical to the vehicle replaced. The replacement vehicle shall be accompanied by all express and implied warranties that normally accompany new motor vehicles of that specific kind. The manufacturer also shall pay for, or to, the buyer the amount of any sales or use tax, license fees, registration fees, and other official fees which the buyer is obligated to pay in connection with the replacement, plus any incidental damages to which the buyer is entitled under Section 1794, including, but not limited to, -the lesser of -reasonable repair, towing, and rental car costs -and those costs -actually incurred by the buyer. -(B) In the case of restitution, the manufacturer shall make restitution in an amount equal to the actual price paid or payable by the buyer, including any charges for transportation and manufacturer-installed options, but excluding nonmanufacturer items installed by a dealer or the buyer, and including any collateral charges such as sales or use tax, license fees, registration fees, and other official fees, plus any incidental damages to which the buyer is entitled under Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer. -(C) When the manufacturer replaces the new motor vehicle pursuant to subparagraph (A), the buyer shall only be liable to pay the manufacturer an amount directly attributable to use by the buyer of the replaced vehicle prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. When restitution is made pursuant to subparagraph (B), the amount to be paid by the manufacturer to the buyer may be reduced by the manufacturer by that amount directly attributable to use by the buyer prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. The amount directly attributable to use by the buyer shall be determined by multiplying the actual price of the new motor vehicle paid or payable by the buyer, including any charges for transportation and manufacturer-installed options, by a fraction having as its denominator 120,000 and having as its numerator the number of miles traveled by the new motor vehicle prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. Nothing in this paragraph shall in any way limit the rights or remedies available to the buyer under any other law. -(D) Pursuant to Section 1795.4, a buyer of a new motor vehicle shall also include a lessee of a new motor vehicle. -(e) (1) If the goods cannot practicably be serviced or repaired by the manufacturer or its representative to conform to the applicable express warranties because of the method of installation or because the goods have become so affixed to real property as to become a part thereof, the manufacturer shall either replace and install the goods or reimburse the buyer in an amount equal to the purchase price paid by the buyer, including installation costs, less that amount directly attributable to use by the buyer prior to the discovery of the nonconformity. -(2) With respect to claims arising out of deficiencies in the construction of a new residential dwelling, paragraph (1) shall not apply to either of the following: -(A) A product that is not a manufactured product, as defined in subdivision (g) of Section 896. -(B) A claim against a person or entity that is not the manufacturer that originally made the express warranty for that manufactured product. -SECTION 1. -Section 1793.22 of the -Civil Code -is amended to read: -1793.22. -(a)This section shall be known, and may be cited as, the Tanner Consumer Protection Act. -(b)It shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following conditions occur: -(1)The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the nonconformity. -(2)The same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the nonconformity. -(3)The vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer. The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer or its agents. The buyer shall be required to directly notify the manufacturer pursuant to paragraphs (1) and (2) only if the manufacturer has clearly and conspicuously disclosed to the buyer, with the warranty or the owner’s manual, the provisions of this section and that of subdivision (d) of Section 1793.2, including the requirement that the buyer must notify the manufacturer directly pursuant to paragraphs (1) and (2). The notification, if required, shall be sent to the address, if any, specified clearly and conspicuously by the manufacturer in the warranty or owner’s manual. This presumption shall be a rebuttable presumption affecting the burden of proof, and it may be asserted by the buyer in any civil action, including an action in small claims court, or other formal or informal proceeding. -(c)If a qualified third-party dispute resolution process exists, and the buyer receives timely notification in writing of the availability of that qualified third-party dispute resolution process with a description of its operation and effect, the presumption in subdivision (b) may not be asserted by the buyer until after the buyer has initially resorted to the qualified third-party dispute resolution process as required in subdivision (d). Notification of the availability of the qualified third-party dispute resolution process is not timely if the buyer suffers any prejudice resulting from any delay in giving the notification. If a qualified third-party dispute resolution process does not exist, or if the buyer is dissatisfied with that third-party decision, or if the manufacturer or its agent neglects to promptly fulfill the terms of the qualified third-party dispute resolution process decision after the decision is accepted by the buyer, the buyer may assert the presumption provided in subdivision (b) in an action to enforce the buyer’s rights under subdivision (d) of Section 1793.2. The findings and decision of a qualified third-party dispute resolution process shall be admissible in evidence in the action without further foundation. Any period of limitation of actions under any federal or California laws with respect to any person shall be extended for a period equal to the number of days between the date a complaint is filed with a third-party dispute resolution process and the date of its decision or the date before which the manufacturer or its agent is required by the decision to fulfill its terms if the decision is accepted by the buyer, whichever occurs later. -(d)A qualified third-party dispute resolution process shall be one that does all of the following: -(1)Complies with the minimum requirements of the Federal Trade Commission for informal dispute settlement procedures as set forth in Part 703 of Title 16 of the Code of Federal Regulations, as those regulations read on January 1, 1987. -(2)Renders decisions which are binding on the manufacturer if the buyer elects to accept the decision. -(3)Prescribes a reasonable time, not to exceed 30 days after the decision is accepted by the buyer, within which the manufacturer or its agent must fulfill the terms of its decisions. -(4)Provides arbitrators who are assigned to decide disputes with copies of, and instruction in, the provisions of the Federal Trade Commission’s regulations in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, and this chapter. -(5)Requires the manufacturer, when the process orders, under the terms of this chapter, either that the nonconforming motor vehicle be replaced if the buyer consents to this remedy or that restitution be made to the buyer, to replace the motor vehicle or make restitution in accordance with paragraph (2) of subdivision (d) of Section 1793.2. -(6)Provides, at the request of the arbitrator or a majority of the arbitration panel, for an inspection and written report on the condition of a nonconforming motor vehicle, at no cost to the buyer, by an automobile expert who is independent of the manufacturer. -(7)Takes into account, in rendering decisions, all legal and equitable factors, including, but not limited to, the written warranty, the rights and remedies conferred in regulations of the Federal Trade Commission contained in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, this chapter, and any other equitable considerations appropriate in the circumstances. Nothing in this chapter requires that, to be certified as a qualified third-party dispute resolution process pursuant to this section, decisions of the process must consider or provide remedies in the form of awards of punitive damages or multiple damages, under subdivision (c) of Section 1794, or of attorneys’ fees under subdivision (d) of Section 1794, or of consequential damages other than as provided in subdivisions (a) and (b) of Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer. -(8)Requires that no arbitrator deciding a dispute may be a party to the dispute and that no other person, including an employee, agent, or dealer for the manufacturer, may be allowed to participate substantively in the merits of any dispute with the arbitrator unless the buyer is allowed to participate also. Nothing in this subdivision prohibits any member of an arbitration board from deciding a dispute. -(9)Obtains and maintains certification by the Department of Consumer Affairs pursuant to Chapter 9 (commencing with Section 472) of Division 1 of the Business and Professions Code. -(e)For the purposes of subdivision (d) of Section 1793.2 and this section, the following terms have the following meanings: -(1)“Nonconformity” means a nonconformity which substantially impairs the use, value, or safety of the new motor vehicle to the buyer or lessee. -(2)“New motor vehicle” means a new motor vehicle that is bought or used primarily for personal, family, or household purposes. “New motor vehicle” also means a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state. “New motor vehicle” includes the chassis, chassis cab, and that portion of a motor home devoted to its propulsion, but does not include any portion designed, used, or maintained primarily for human habitation, a dealer-owned vehicle and a “demonstrator” or other motor vehicle sold with a manufacturer’s new car warranty but does not include a motorcycle or a motor vehicle which is not registered under the Vehicle Code because it is to be operated or used exclusively off the highways. A demonstrator is a vehicle assigned by a dealer for the purpose of demonstrating qualities and characteristics common to vehicles of the same or similar model and type. -(3)“Motor home” means a vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab, or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy. -(f)(1)Except as provided in paragraph (2), no person shall sell, either at wholesale or retail, lease, or transfer a motor vehicle transferred by a buyer or lessee to a manufacturer pursuant to paragraph (2) of subdivision (d) of Section 1793.2 or a similar statute of any other state, unless the nature of the nonconformity experienced by the original buyer or lessee is clearly and conspicuously disclosed to the prospective buyer, lessee, or transferee, the nonconformity is corrected, and the manufacturer warrants to the new buyer, lessee, or transferee in writing for a period of one year that the motor vehicle is free of that nonconformity. -(2)Except for the requirement that the nature of the nonconformity be disclosed to the transferee, paragraph (1) does not apply to the transfer of a motor vehicle to an educational institution if the purpose of the transfer is to make the motor vehicle available for use in automotive repair courses.","Existing law requires a manufacturer of consumer goods sold in this state for which the manufacturer has made an express warranty to maintain sufficient service and repair facilities reasonably close where its goods are sold to carry out the terms of those warranties or to designate and authorize independent repair or service facilities to fulfill this purpose. Existing law requires a manufacturer that is unable to service or repair a new motor vehicle to conform to the express warranties after a reasonable number of attempts to replace the vehicle or promptly make restitution. Existing law requires a manufacturer, in the case of a replacement, to also pay other specified costs, including reasonable repair, towing, and rental car costs actually incurred by the buyer. -This bill, in the case of a new motor vehicle replacement as described above, would require the manufacturer to pay the lesser of reasonable repair, towing, and rental car costs and those costs actually incurred by the buyer. -Existing law, the Tanner Consumer Protection Act, establishes a presumption that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery or 18,000 miles on the odometer, whichever occurs first, one or more conditions occur. -This bill would make nonsubstantive changes to these provisions.","An act to amend Section -1793.22 -1793.2 -of the Civil Code, relating to consumer protection." -1139,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 226 of the Labor Code is amended to read: -226. -(a) An employer, semimonthly or at the time of each payment of wages, shall furnish to his or her employee, either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately if wages are paid by personal check or cash, an accurate itemized statement in writing showing (1) gross wages earned, (2) total hours worked by the employee, except as provided in subdivision (j), (3) the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis, (4) all deductions, provided that all deductions made on written orders of the employee may be aggregated and shown as one item, (5) net wages earned, (6) the inclusive dates of the period for which the employee is paid, (7) the name of the employee and only the last four digits of his or her social security number or an employee identification number other than a social security number, (8) the name and address of the legal entity that is the employer and, if the employer is a farm labor contractor, as defined in subdivision (b) of Section 1682, the name and address of the legal entity that secured the services of the employer, and (9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee and, beginning July 1, 2013, if the employer is a temporary services employer as defined in Section 201.3, the rate of pay and the total hours worked for each temporary services assignment. The deductions made from payment of wages shall be recorded in ink or other indelible form, properly dated, showing the month, day, and year, and a copy of the statement and the record of the deductions shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California. For purposes of this subdivision, “copy” includes a duplicate of the itemized statement provided to an employee or a computer-generated record that accurately shows all of the information required by this subdivision. -(b) An employer that is required by this code or any regulation adopted pursuant to this code to keep the information required by subdivision (a) shall afford current and former employees the right to inspect or copy records pertaining to their employment, upon reasonable request to the employer. The employer may take reasonable steps to ensure the identity of a current or former employee. If the employer provides copies of the records, the actual cost of reproduction may be charged to the current or former employee. -(c) An employer who receives a written or oral request to inspect or copy records pursuant to subdivision (b) pertaining to a current or former employee shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request. A violation of this subdivision is an infraction. Impossibility of performance, not caused by or a result of a violation of law, shall be an affirmative defense for an employer in any action alleging a violation of this subdivision. An employer may designate the person to whom a request under this subdivision will be made. -(d) This section does not apply to any employer of any person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant. -(e) (1) An employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a) is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period, not to exceed an aggregate penalty of four thousand dollars ($4,000), and is entitled to an award of costs and reasonable attorney’s fees. -(2) (A) An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to provide a wage statement. -(B) An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to provide accurate and complete information as required by any one or more of items (1) to (9), inclusive, of subdivision (a) and the employee cannot promptly and easily determine from the wage statement alone one or more of the following: -(i) The amount of the gross wages or net wages paid to the employee during the pay period or any of the other information required to be provided on the itemized wage statement pursuant to items (2) to (4), inclusive, (6), and (9) of subdivision (a). -(ii) Which deductions the employer made from gross wages to determine the net wages paid to the employee during the pay period. Nothing in this subdivision alters the ability of the employer to aggregate deductions consistent with the requirements of item (4) of subdivision (a). -(iii) The name and address of the employer and, if the employer is a farm labor contractor, as defined in subdivision (b) of Section 1682, the name and address of the legal entity that secured the services of the employer during the pay period. -(iv) The name of the employee and only the last four digits of his or her social security number or an employee identification number other than a social security number. -(C) For purposes of this paragraph, “promptly and easily determine” means a reasonable person would be able to readily ascertain the information without reference to other documents or information. -(3) For purposes of this subdivision, a “knowing and intentional failure” does not include an isolated and unintentional payroll error due to a clerical or inadvertent mistake. In reviewing for compliance with this section, the factfinder may consider as a relevant factor whether the employer, prior to an alleged violation, has adopted and is in compliance with a set of policies, procedures, and practices that fully comply with this section. -(f) A failure by an employer to permit a current or former employee to inspect or copy records within the time set forth in subdivision (c) entitles the current or former employee or the Labor Commissioner to recover a seven-hundred-fifty-dollar ($750) penalty from the employer. -(g) The listing by an employer of the name and address of the legal entity that secured the services of the employer in the itemized statement required by subdivision (a) shall not create any liability on the part of that legal entity. -(h) An employee may also bring an action for injunctive relief to ensure compliance with this section, and is entitled to an award of costs and reasonable attorney’s fees. -(i) This section does not apply to the state, to any city, county, city and county, district, or to any other governmental entity, except that if the state or a city, county, city and county, district, or other governmental entity furnishes its employees with a check, draft, or voucher paying the employee’s wages, the state or a city, county, city and county, district, or other governmental entity shall use no more than the last four digits of the employee’s social security number or shall use an employee identification number other than the social security number on the itemized statement provided with the check, draft, or voucher. -(j) An itemized wage statement furnished by an employer pursuant to subdivision (a) shall not be required to show total hours worked by the employee if any of the following apply: -(1) The employee’s compensation is solely based on salary and the employee is exempt from payment of overtime under subdivision (a) of Section 515 or any applicable order of the Industrial Welfare Commission. -(2) The employee is exempt from the payment of minimum wage and overtime under any of the following: -(A) The exemption for persons employed in an executive, administrative, or professional capacity provided in any applicable order of the Industrial Welfare Commission. -(B) The exemption for outside salespersons provided in any applicable order of the Industrial Welfare Commission. -(C) The overtime exemption for computer software professionals paid on a salaried basis provided in Section 515.5. -(D) The exemption for individuals who are the parent, spouse, child, or legally adopted child of the employer provided in any applicable order of the Industrial Welfare Commission. -(E) The exemption for participants, director, and staff of a live-in alternative to incarceration rehabilitation program with special focus on substance abusers provided in Section 8002 of the Penal Code. -(F) The exemption for any crew member employed on a commercial passenger fishing boat licensed pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code provided in any applicable order of the Industrial Welfare Commission. -(G) The exemption for any individual participating in a national service program provided in any applicable order of the Industrial Welfare Commission.","Existing law requires an employer to provide his or her employee an accurate itemized statement in writing containing specified information, either semimonthly or at the time the employer pays the employee his or her wages. That specified information includes showing total hours worked by the employee, unless the employee’s compensation is solely based on a salary and the employee is exempt from payment of overtime under a specified statute or any applicable order of the Industrial Welfare Commission. -This bill would additionally exempt from that requirement for information on total work hours an employee exempt from payment of minimum wage and overtime under specified statutes or any applicable order of the Industrial Welfare Commission.","An act to amend Section 226 of the Labor Code, relating to wages." -1140,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 48204 of the Education Code, as amended by Section 1.5 of Chapter 554 of the Statutes of 2015, is amended to read: -48204. -(a) Notwithstanding Section 48200, a pupil complies with the residency requirements for school attendance in a school district, if he or she is any of the following: -(1) (A) A pupil placed within the boundaries of that school district in a regularly established licensed children’s institution, or a licensed foster home, or a family home pursuant to a commitment or placement under Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code. -(B) An agency placing a pupil in a home or institution described in subparagraph (A) shall provide evidence to the school that the placement or commitment is pursuant to law. -(2) A pupil who is a foster child who remains in his or her school of origin pursuant to subdivisions (f) and (g) of Section 48853.5. -(3) A pupil for whom interdistrict attendance has been approved pursuant to Chapter 5 (commencing with Section 46600) of Part 26. -(4) A pupil whose residence is located within the boundaries of that school district and whose parent or legal guardian is relieved of responsibility, control, and authority through emancipation. -(5) A pupil who lives in the home of a caregiving adult that is located within the boundaries of that school district. Execution of an affidavit under penalty of perjury pursuant to Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code by the caregiving adult is a sufficient basis for a determination that the pupil lives in the home of the caregiver, unless the school district determines from actual facts that the pupil is not living in the home of the caregiver. -(6) A pupil residing in a state hospital located within the boundaries of that school district. -(7) A pupil whose parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the pupil at the place of his or her employment within the boundaries of the school district for a minimum of three days during the school week. -(b) (1) A school district may deem a pupil to have complied with the residency requirements for school attendance in the school district if at least one parent or the legal guardian of the pupil is physically employed within the boundaries of that school district for a minimum of 10 hours during the school week. -(2) This subdivision does not require the school district within which at least one parent or the legal guardian of a pupil is employed to admit the pupil to its schools. A school district shall not, however, refuse to admit a pupil under this subdivision on the basis, except as expressly provided in this subdivision, of race, ethnicity, sex, parental income, scholastic achievement, or any other arbitrary consideration. -(3) The school district in which the residency of either the parents or the legal guardian of the pupil is established, or the school district to which the pupil is to be transferred under this subdivision, may prohibit the transfer of the pupil under this subdivision if the governing board of the school district determines that the transfer would negatively impact the court-ordered or voluntary desegregation plan of the school district. -(4) The school district to which the pupil is to be transferred under this subdivision may prohibit the transfer of the pupil if the school district determines that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. -(5) The governing board of a school district that prohibits the transfer of a pupil pursuant to paragraph (2), (3), or (4) is encouraged to identify, and communicate in writing to the parents or the legal guardian of the pupil, the specific reasons for that determination and is encouraged to ensure that the determination, and the specific reasons for the determination, are accurately recorded in the minutes of the board meeting in which the determination was made. -(6) The average daily attendance for pupils admitted pursuant to this subdivision is calculated pursuant to Section 46607. -(7) Unless approved by the sending school district, this subdivision does not authorize a net transfer of pupils out of a school district, calculated as the difference between the number of pupils exiting the school district and the number of pupils entering the school district, in a fiscal year in excess of the following amounts: -(A) For a school district with an average daily attendance for that fiscal year of less than 501, 5 percent of the average daily attendance of the school district. -(B) For a school district with an average daily attendance for that fiscal year of 501 or more, but less than 2,501, 3 percent of the average daily attendance of the school district or 25 pupils, whichever amount is greater. -(C) For a school district with an average daily attendance of 2,501 or more, 1 percent of the average daily attendance of the school district or 75 pupils, whichever amount is greater. -(8) Once a pupil is deemed to have complied with the residency requirements for school attendance pursuant to this subdivision and is enrolled in a school in a school district the boundaries of which include the location where at least one parent or the legal guardian of a pupil is physically employed, the pupil does not have to reapply in the next school year to attend a school within that school district and the governing board of the school district shall allow the pupil to attend school through grade 12 in that school district if the parent or legal guardian so chooses and if at least one parent or the legal guardian of the pupil continues to be physically employed by an employer situated within the attendance boundaries of the school district, subject to paragraphs (2) to (7), inclusive. -SEC. 2. -Section 48204 of the Education Code, as amended by Section 2.5 of Chapter 554 of the Statutes of 2015, is repealed.","Existing law provides that a pupil is deemed to have complied with the residency requirements for school attendance in a school district if the pupil satisfies one of the specified requirements. Until July 1, 2017, existing law authorizes a school district within the boundaries of which at least one parent or the legal guardian of a pupil is physically employed for a minimum of 10 hours during the school week to allow that pupil to attend a school in that school district through grade 12 if the parent or legal guardian of the pupil so chooses and if the parent or legal guardian of the pupil continues to be physically employed by an employer situated within the attendance boundaries of the school district. -This bill would indefinitely extend the operation of the provision authorizing the school district within the boundaries of which a parent or legal guardian of a pupil is physically employed for a minimum of 10 hours during the school week to allow that pupil to attend a school in that school district.","An act to amend and repeal Section 48204 of the Education Code, relating to pupils." -1141,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited -, as -the Access to Angel Investors Act. -SEC. 2. -It is the intent of the Legislature that this act -improve access to capital. -SECTION 1. -SEC. 3. -Section 17941 of the Revenue and Taxation Code is amended to read: -17941. -(a) For each taxable year beginning on or after January 1, 1997, a limited liability company doing business in this state, as defined in Section 23101, shall pay annually to this state a tax for the privilege of doing business in this state in an amount equal to the applicable amount specified in paragraph (1) of subdivision (d) of Section 23153 for the taxable year. -(b) (1) In addition to any limited liability company that is doing business in this state and is therefore subject to the tax imposed by subdivision (a), for each taxable year beginning on or after January 1, 1997, a limited liability company shall pay annually the tax prescribed in subdivision (a) if articles of organization have been accepted, or a certificate of registration has been issued, by the office of the Secretary of State. The tax shall be paid for each taxable year, or part thereof, until a certificate of cancellation of registration or of articles of organization is filed on behalf of the limited liability company with the office of the Secretary of State. -(2) If a taxpayer files a return with the Franchise Tax Board that is designated as its final return, the Franchise Tax Board shall notify the taxpayer that the annual tax shall continue to be due annually until a certificate of dissolution is filed with the Secretary of State pursuant to Section 17707.08 of the Corporations Code or a certificate of cancellation is filed with the Secretary of State pursuant to Section 17708.06 of the Corporations Code. -(c) The tax assessed under this section shall be due and payable on or before the 15th day of the fourth month of the taxable year. -(d) (1) Except as provided in paragraph (2), for purposes of this section, a “limited liability company” means an organization that is formed by one or more persons under the law of this state, any other country, or any other state, as a “limited liability company” and that is not taxable as a corporation for California tax purposes. -(2) Notwithstanding subdivisions (a) and (b), a limited liability company is not subject to the tax imposed under this section if either of the following applies: -(A) The limited liability company is exempt from the tax and fees imposed under this chapter pursuant to Section 23701h or 23701x. -(B) (i) -The -For each taxable year beginning before January 1, 2020, the -limited liability company is a qualified investment partnership. -(ii) For purposes of this subparagraph, a “qualified investment partnership” means a limited liability company that meets all of the following requirements: -(I) It is classified as a partnership for California income tax purposes. -(II) No less than 90 percent of the costs of its total assets consist of qualifying investment securities, deposits at banks or other financial institutions, interest or investments in a partnership, or office space and equipment reasonably necessary to carry on its activities as a qualified investment partnership. -(III) No less than 90 percent of its gross income consists of interest, dividends, and gains from the sale or exchange of qualifying investment securities or investments in a partnership. -(iii) For purposes of this subparagraph, “qualifying investment securities” has the same meaning as that term is described in subparagraph (A) of paragraph (3) of subdivision (c) of Section 17955. -(iv) Notwithstanding Section 18633.5, the following rules shall apply with respect to the filing requirements of a qualified investment partnership. -(I) A qualified investment partnership required to file a federal return pursuant to Section 6031 of the Internal Revenue Code, relating to return of partnership income, shall file a partnership return pursuant to Section 18633 for that taxable year. -(II) A qualified investment partnership that is not required to file a federal return pursuant to Section 6031 of the Internal Revenue Code, relating to return of partnership income, shall file an information return as prescribed by the Franchise Tax Board for that taxable year. -(e) Notwithstanding anything in this section to the contrary, if the office of the Secretary of State files a certificate of cancellation pursuant to Section 17707.02 of the Corporations Code for any limited liability company, then paragraph (1) of subdivision (f) of Section 23153 shall apply to that limited liability company as if the limited liability company were properly treated as a corporation for that limited purpose only, and paragraph (2) of subdivision (f) of Section 23153 shall not apply. Nothing in this subdivision entitles a limited liability company to receive a reimbursement for any annual taxes or fees already paid. -(f) (1) Notwithstanding any provision of this section to the contrary, a limited liability company that is a small business solely owned by a deployed member of the United States Armed Forces shall not be subject to the tax imposed under this section for any taxable year the owner is deployed and the limited liability company operates at a loss or ceases operation. -(2) The Franchise Tax Board may promulgate regulations as necessary or appropriate to carry out the purposes of this subdivision, including a definition for “ceases operation.” -(3) For the purposes of this subdivision, all of the following definitions apply: -(A) “Deployed” means being called to active duty or active service during a period when a Presidential Executive order specifies that the United States is engaged in combat or homeland defense. “Deployed” does not include either of the following: -(i) Temporary duty for the sole purpose of training or processing. -(ii) A permanent change of station. -(B) “Operates at a loss” means a limited liability company’s expenses exceed its receipts. -(C) “Small business” means a limited liability company with total income from all sources derived from, or attributable to, the state of two hundred fifty thousand dollars ($250,000) or less. -(4) This subdivision shall become inoperative for taxable years beginning on or after January 1, 2018. -SEC. 2. -SEC. 4. -This act provides for a tax levy within the meaning of Article IV of the -California -Constitution and shall go into immediate effect.","Existing law imposes a minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business, as defined, in this state, and an annual tax in an amount equal to the minimum franchise tax on every limited liability company registered, qualified to transact business, or doing business in this state, as specified. Existing law requires every limited liability company subject to that annual tax to pay annually to this state a fee equal to specified amounts based upon total income from all sources attributable to this state. Existing law requires every partnership to file a return that includes specified information, verified by a written declaration made under the penalty of perjury and signed by one of the partners, within a specified time period. -This -bill -bill, for each taxable year beginning before January 1, 2020, -would exempt a limited liability company that is a qualified investment partnership, as defined, from that annual tax and fee by excluding it from the definition of a limited liability company. The bill would require that entity to submit a return under the conditions applicable to a partnership. -This bill would take effect immediately as a tax levy.","An act to amend Section 17941 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -1142,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 3 (commencing with Section 52053) is added to Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code, to read: -Article 3. Statewide Accountability System -52053. -(a) (1) It is the intent of the Legislature and purpose of this article to do all of the following: -(A) Establish a coherent, aligned local-state-federal accountability system that addresses state, local, parent, community, and public needs, as well as federal requirements. -(B) Ensure ambitious, statewide standards for performance and expectations for improvement that encourage continuous improvement and the closure of opportunity and achievement gaps. -(C) Establish a mechanism using multiple measures that meaningfully differentiates the performance of schools and identifies schools and local educational agencies in need of technical assistance, support, and intervention. -(2) It is further the intent of the Legislature that the accountability system continues to support and advance the framework established by the local control funding formula and California’s emphasis on continuous improvement, technical assistance, and support. -(b) For purposes of a statewide accountability system and to ensure alignment and fidelity with the state priorities established pursuant to Sections 52060 and 52066 and with federal law, the state board shall adopt a statewide accountability system that meets all of the following requirements: -(1) Is a single, integrated system that aligns local, state, and federal accountability requirements. -(2) Satisfies the accountability system requirements of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.), as amended by the Every Student Succeeds Act (Public Law 114-95). -(3) Aligns California’s local control framework, which is focused on identifying and supporting local educational agencies with the additional need to identify, support, and improve California’s highest need schools. In doing so, the state board shall do all of the following: -(A) Set clear, ambitious, statewide standards for performance and expectations for improvement toward each of the key indicators described in paragraph (4) for pupils overall and for each numerically significant subgroup, as identified in Section 52052. To comply with federal law, these improvement standards shall be differentiated by subgroup so that subgroups that start off at lower performance levels make greater growth to achieve the statewide standards. -(B) Establish a mechanism to meaningfully differentiate the performance of all public schools, to identify local educational agencies for purposes of Sections 52071, 52071.5, 52072, and 52072.5 on an annual basis based on outcomes for all pupils and for each subgroup of pupils using the multiple measures identified in paragraph (4), and to do all of the following: -(i) Distinguish multiple levels of performance for purposes of continuous improvement, transparency, meaningful stakeholder engagement, recognition, and support, including the identification of the following: -(I) Not less than the lowest-performing 5 percent of all schools receiving federal Title I funds and all public high schools in the state failing to graduate one-third or more of their pupils. -(II) All schools in which any subgroup of pupils is consistently underperforming, as determined by the state board, based on all of the indicators identified in paragraph (4) and the system established pursuant this section. -(III) All schools where any one subgroup of pupils, on its own, would lead that school to be in the lowest 5 percent of schools for pupils overall. -(ii) Support parents and guardians in making informed school decisions on behalf of their children. -(iii) Enable school districts, county offices of education, the department, and the California Collaborative for Educational Excellence to identify schools for recognition, support, and assistance and ensure that support and assistance is provided to at least those schools identified pursuant to clause (i). -(C) Comply with all notification, stakeholder engagement, school support, and improvement activities required by Section 1111(d) of the federal Every Student Succeeds Act (Public Law 114-95), and, to the extent required by state and federal law, ensure notifications of stakeholder engagement, school support, and improvement activities are translated in the top five languages as identified by the department. -(4) (A) Relies upon data from key indicators established pursuant to the evaluation rubrics adopted by the state board pursuant to Section 52064.5. At a minimum, for purposes of paragraph (3), those key indicators shall include, if not already included by the state board pursuant to Section 52064.5, all of the following: -(i) For elementary and middle schools: -(I) A measure of pupil achievement in at least English language arts, mathematics, and science. -(II) A measure of academic growth. -(III) A measure of progress toward English proficiency, including, but not limited to, data on the reclassification rates of English learners and long-term English learners when available. -(IV) A measure of chronic absenteeism. -(V) A measure of school climate. -(ii) For high schools: -(I) A measure of pupil achievement in at least English language arts, mathematics, and science. -(II) A measure of graduation rates. -(III) A measure of progress toward English proficiency, including, but not limited to, data on the reclassification rates of English learners and long-term English learners when available. -(IV) A measure of college and career readiness. -(V) A measure of chronic absenteeism. -(VI) A measure of school climate. -(B) This paragraph shall not be construed as to preclude the state board from including additional statewide measures that can be disaggregated by subgroup in the accountability system for purposes of meaningful differentiation of all schools or from grouping the measures into common clusters. Furthermore, it is the intent of the Legislature that the state will continue to use the evaluation rubrics established pursuant to Section 52064.5 and all indicators identified as state priorities established pursuant to Sections 52060 and 52066 and the subgroups identified pursuant to Section 52052 for purposes of continuous improvement and to guide the provision of technical assistance, support, and intervention. -(C) In order to comply with federal law, the academic indicators specified in subclauses (I) to (III), inclusive, of clauses (i) and (ii) of subparagraph (A) shall receive substantial weight and, in aggregate, much greater weight than is afforded to all other indicators. -(D) For purposes of paragraph (3), performance of subgroups shall receive substantial weight. -(5) Provides the California Collaborative for Educational Excellence established pursuant to Section 52074, county superintendents of schools, and the public with data to be used in a multitiered system of review and assistance. Notwithstanding the key indicators used for purposes of paragraph (3), in identifying appropriate assistance for a school or local educational agency, the California Collaborative for Educational Excellence and the county superintendents of schools shall analyze data aligned with all the state priorities established pursuant to Sections 52060 and 52066 in order to align the level of support, collaboration, and intervention to the needs of the local educational agency or individual school or schools. -(6) Ensures the creation of a data and reporting system that provides meaningful and accessible information on school and school district performance that is displayed through an electronic platform. Parents and the public shall have the ability to easily access, compare, analyze, and summarize school reports, pupil performance results, and the progress made by schools and school districts in reaching all of the state’s priority areas for purposes of local control and accountability plans and the local control funding formula. It is the intent of the Legislature to ensure that any Web-based data and analysis tools should enable all stakeholders to readily identify strengths and weaknesses, identify inequities between schools and subgroups of pupils across multiple measures, monitor academic achievement and improvement, provide for meaningful differentiation, as required by Section 1111(c)(4)(C) of the federal Every Student Succeeds Act (Public Law 114-95), and enable users to download data and reports in machine-readable formats. It is further the intent of the Legislature to ensure that, to the extent required by state and federal law, the information on school, school district, and subgroup performance be made available in the top five languages as identified by the department. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","(1) Existing law required, on or before July 1, 2014, the governing boards of school districts and county boards of education to adopt a local control and accountability plan using a state template adopted by the State Board of Education. Existing law requires the local control and accountability plan to include, among other things, a description of annual goals for all pupils and specified subgroups of pupils to be achieved for each state priority, as specified, and a description of the specific actions the school district or county superintendent of schools will take to achieve those goals. Existing law requires the charter petition for a charter school to include those same elements. Existing law provides that an adopted local control and accountability plan is effective for 3 years and shall be updated annually on or before July 1. Existing law requires the state board, on or before October 1, 2016, to adopt evaluation rubrics to, among other things, assist a school district, county office of education, or charter school in evaluating its strengths, weaknesses, and areas that require improvement. Existing law establishes the California Collaborative for Educational Excellence for purposes of advising and assisting school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan. -This bill would, for purposes of a statewide accountability system and to ensure alignment and fidelity with the state priorities and federal law, require the state board to adopt a statewide accountability system that, among other things, is a single integrated system that aligns local, state, and federal accountability requirements. In identifying appropriate assistance for a school or local educational agency, the bill would require the California Collaborative for Educational Excellence and county superintendents of schools to analyze data aligned with all the state priorities in order to align the level of support, collaboration, and intervention to the needs of the local educational agency or individual school or schools. By imposing additional duties on county superintendents of schools, and to the extent this bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program. -(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Article 3 (commencing with Section 52053) to Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code, relating to school accountability." -1143,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 60.6 (commencing with Section 20928) is added to Chapter 1 of Part 3 of Division 2 of the Public Contract Code, to read: -Article 60.6. Surface Storage Projects -20928. -The Legislature finds and declares that alternative project delivery, using the best value procurement methodology, has been authorized for various agencies that have reported benefits from those projects, including reduced project costs, expedited project start and completion, simplified project controls and accountability, and design features that are not achievable through the traditional design-bid-build method. -20928.1. -(a) A surface storage project identified in the CALFED Bay-Delta Program Record of Decision, dated August 28, 2000, that receives funding pursuant to Division 26.7 (commencing with Section 79700) of the Water Code may use, in addition to any other methods of project delivery otherwise allowable by irrigation districts, county water districts, or other similar water districts by law, the following methods of project delivery: -(1) Construction manager at-risk. -(2) Design-Build, including conventional, progressive, and target price. -(3) Design-build-operate. -(b) The contract shall be awarded on a best value basis or to the lowest responsible bidder. -20928.2. -The procurement process for the project shall progress as follows: -(a) The local agency shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or building layouts, or any other information deemed necessary to describe adequately the local agency’s needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California. -(b) The local agency shall prepare and issue a request for qualifications in order to prequalify or short-list the entities, including subcontractors and suppliers, whose bids shall be evaluated for final selection. The request for qualifications shall include, but need not be limited to, the following elements: -(1) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the local agency to evaluate bids, the procedure for final selection of the bidder, and any other information deemed necessary by the local agency to inform interested parties of the contracting opportunity. -(2) Significant factors that the local agency reasonably expects to consider in evaluating qualifications, including technical design-related expertise, construction expertise, acceptable safety records, and all other nonprice-related factors. -(3) A standard template request for statements of qualifications prepared by the local agency. In preparing the standard template, the local agency may consult with the construction industry, the building trades and surety industry, and other local agencies interested in using the authorization provided by this article. The template shall require all of the following information: -(A) If the bidder is a privately held corporation, limited liability company, partnership, or joint venture, comprised of privately-held entities, a listing of all of the shareholders, partners, or members known at the time of statement of qualification submission who will perform work on the project. -(B) Evidence that the members of the contracting team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity and that proposed key personnel have sufficient experience and training to competently manage and complete the project, and a financial statement that ensures that the bidder has the capacity to complete the project. -(C) The licenses, registration, and credentials required for the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration. -(D) Evidence that establishes that the bidder has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance. -(E) Information concerning workers’ compensation experience history and a worker safety program. -(F) An acceptable safety record.“Safety record” means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidder’s safety record shall include, at a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period. -(4) The information required under this subdivision shall be certified under penalty of perjury by the bidder and its general partners or joint venture members. -(c) A contracting entity shall not be prequalified or short-listed unless the entity provides an enforceable commitment to the local agency that the entity and its subcontractors will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades. -(1) For purposes of this subdivision: -(A) “Apprenticeable occupation” means an occupation for which the chief had approved an apprenticeship program pursuant to Section 3075 of the Labor Code prior to January 1, 2014. -(B) “Skilled and trained workforce” means a workforce that meets all of the following conditions: -(i) All the workers are either skilled journeypersons or apprentices registered in an apprenticeship program approved by the Chief of the Division of Apprenticeship Standards. -(ii) (I) For work performed on or after January 1, 2017, at least 30 percent of the skilled journeypersons employed to perform work on the contract or project by the bidder and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. -(II) For work performed on or after January 1, 2018, at least 40 percent of the skilled journeypersons employed to perform work on the contract or project by the bidder and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. -(III) For work performed on or after January 1, 2019, at least 50 percent of the skilled journeypersons employed to perform work on the contract or project by the bidder and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. -(IV) For work performed on or after January 1, 2020, at least 60 percent of the skilled journeypersons employed to perform work on the contract or project by the bidder and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. -(iii) For an apprenticeable occupation in which no apprenticeship program had been approved by the chief prior to January 1, 1995, up to one-half of the graduation percentage requirements of clause (ii) may be satisfied by skilled journeypersons who commenced working in the apprenticeable occupation prior to the chief’s approval of an apprenticeship program for that occupation in the county in which the project is located. -(C) “Skilled journeyperson” means a worker who either: -(i) Graduated from an apprenticeship program for the applicable occupation that was approved by the chief or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. -(ii) Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief. -(2) The apprenticeship graduation percentage requirements of subparagraph (B) of paragraph (1) are satisfied if, in a particular calendar month, either of the following is true: -(A) The required percentage of the skilled journeypersons employed by the contractor or subcontractor to perform work on the contract or project meet the graduation percentage requirement. -(B) For the hours of work performed by skilled journeypersons employed by the contractor or subcontractor on the contract or project, the percentage of hours performed by skilled journeypersons who met the graduation requirement meets or exceeds the required graduation percentage. -(3) A contractor or subcontractor need not meet the apprenticeship graduation requirements of subparagraph (B) of paragraph (1) if, during the calendar month, the contractor or subcontractor employs skilled journeypersons to perform fewer than 10 hours of work on the contract or project. -(4) A subcontractor need not meet the apprenticeship graduation requirements of subparagraph (B) of paragraph (1) if both of the following requirements are met: -(A) The subcontractor was not a listed subcontractor under Section 4104 or a substitute for a listed subcontractor. -(B) The subcontract does not exceed one-half of 1 percent of the price of the prime contract. -(5) (A) A contractor, bidder, or other entity’s commitment that a skilled and trained workforce will be used to perform the project or contract shall be established by the contractor, bidder, or other entity’s agreement with the local agency that the contractor, bidder, or other entity and its subcontractors at every tier will comply with this subdivision and that the contractor, bidder, or other entity will provide the local agency with a report on a monthly basis while the project or contract is being performed, as to whether the contractor, bidder, or other entity and its subcontractors are complying with the requirements of this subdivision. -(B) If the contractor, bidder, or other entity fails to provide the monthly report required by this section, or provides a report that is incomplete, the local agency shall withhold further payments until a complete report is provided. -(C) If a monthly report does not demonstrate compliance with this chapter, the local agency shall withhold further payments until the contractor, bidder, or other entity provides a plan to achieve substantial compliance with this article, with respect to the relevant apprenticeable occupation, prior to completion of the contract or project. -(D) A monthly report provided to the public agency or other awarding body shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and shall be open to public inspection. -(6) This subdivision shall not apply if the contractor, bidder, or other entity has entered into a project labor agreement that will bind itself and all its subcontractors who perform construction work on the project, and the contractor, bidder, or other entity agrees to be bound by the project agreement. -(d) The local agency shall make the list of prequalified entities available to the public. -(e) Based on the documents prepared as described in subdivision (a), the local agency shall prepare a request for bids that invites prequalified or short-listed entities to submit competitive sealed bids in the manner prescribed by the local agency. The request for bids shall include, but need not be limited to, all of the following elements: -(1) Identification of the basic scope and needs of the project or contract, the estimated cost to perform the work being requested, the methodology that will be used by the local agency to evaluate bids, whether the contract will be awarded on the basis of best value or to the lowest responsible bidder, and any other information deemed necessary by the local agency to inform interested parties of the contracting opportunity. -(2) Significant factors that the local agency reasonably expects to consider in evaluating bids, including, but not limited to, cost or price and all nonprice-related factors. -(3) The relative importance or the weight assigned to each of the factors identified in the request for bids. -(4) If a best value selection method is used, the local agency may reserve the right to request bid revisions and hold discussions and negotiations with responsive bidders, in which case the local agency shall so specify in the request for bids and shall publish separately or incorporate into the request for bids applicable procedures to be observed by the local agency to ensure that any discussions or negotiations are conducted in good faith. -(f) For those projects utilizing low bid as the final selection method, the competitive bidding process shall, if appropriate for the delivery method, result in lump-sum bids by the prequalified or short-listed entities, and awards shall be made to the bidder that is the lowest responsible bidder. -(g) For those projects utilizing best value as a selection method, the competition shall progress as follows: -(1) Competitive bids shall be evaluated by using only the criteria and selection procedures specifically identified in the request for bids. The following minimum factors, however, shall be included, if applicable to the delivery method and weighted as deemed appropriate by the local agency: -(A) Price, unless a stipulated sum is specified and including financial and bonding capacity requirements. -(B) Technical design, procurement, and construction expertise. -(C) Proposed construction approach, sequencing, and methods. -(D) Compliance with the requirements of the owner-provided performance specification. -(E) Ability to meet the milestone schedule dates and, if applicable, any liquidated damages. -(F) Ability to meet the quality requirements. -(G) Proposed risk allocation and sharing. -(H) Safety record. -(I) Warranty. -(J) Life-cycle costs over 15 or more years as specified by the local agency. -(2) Pursuant to subdivision (e), the local agency may hold discussions or negotiations with responsive bidders using the process articulated in the local agency’s request for bids. -(3) When the evaluation is complete, the responsive bidders shall be ranked based on a determination of value provided by the local agency if no more than three bidders are required to be ranked. -(4) The award of the contract shall be made to the responsible bidder whose bid is determined by the local agency to have offered the best value to the public. -(5) Notwithstanding any provision of the Water Code, upon issuance of a contract award the local agency shall publicly announce its award, identifying the bidder to which the award is made, along with a statement regarding the basis of the award. -(6) The statement regarding the local agency’s contract award, described in paragraph (5), and the contract file shall provide sufficient information to satisfy an external audit. -20928.3. -(a) The local agency, in each request for proposals, may identify specific types of subcontractors that must be included in the entity statement of qualifications and proposal. -(b) Following award of the contract, the entity shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the contract price allocable to construction work: -(1) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the local agency, including a fixed date and time on which qualification statements, bids, or proposals will be due. -(2) Establish reasonable qualification criteria and standards. -(3) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The foregoing process does not apply to construction subcontractors listed in the original proposal. -20928.4. -Any project constructed pursuant to this article shall be subject to Part 1 (commencing with Section 6000) of Division 3 of the Water Code. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","The Local Agency Public Construction Act establishes procedures and requirements for contracting by local agencies for the construction of public works, including the requirement to award the contract to the lowest responsible bidder. Existing law governing specified water districts requires those districts to use competitive bidding and to award the contract to the lowest responsible bidder. -This bill would allow a local agency to use the construction manager at-risk, design-build, or design-build-operate method of delivery on a surface storage project, as described. The bill would require these contracts to be awarded on a best value basis or to the lowest responsible bidder, and establish a procurement process for these contracts. The bill would require the bidder to certify specified information under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would also prohibit a contracting entity from being prequalified or short-listed unless it provides an enforceable commitment to the local agency that the entity and its subcontractors will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, as specified. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Article 60.6 (commencing with Section 20928) to Chapter 1 of Part 3 of Division 2 of the Public Contract Code, relating to water." -1144,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11461.3 of the Welfare and Institutions Code is amended to read: -11461.3. -(a) The Approved Relative Caregiver Funding Option Program is hereby established for the purpose of making the amount paid to approved relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. This is an optional program for counties choosing to participate, and in so doing, participating counties agree to the terms of this section as a condition of their participation. It is the intent of the Legislature that the funding described in paragraph (1) of subdivision (g) for the Approved Relative Caregiver Funding Option Program be appropriated, and available for use from January through December of each year, unless otherwise specified. -(b) (1) Subject to subdivision (e), effective January 1, 2015, participating counties shall pay an approved relative caregiver a per child per month rate in return for the care and supervision, as defined in subdivision (b) of Section 11460, of a child that is placed with the relative caregiver that is equal to the basic rate paid to foster care providers pursuant to subdivision (g) of Section 11461, if both of the following conditions are met: -(A) The county with payment responsibility has notified the department in writing by October 1 of the year before participation begins of its decision to participate in the Approved Relative Caregiver Funding Option Program. -(B) The related child placed in the home meets all of the following requirements: -(i) The child resides in California. -(ii) The child is described by subdivision (b), (c), or (e) of Section 11401 and the county welfare department or the county probation department is responsible for the placement and care of the child. -(iii) The child is not eligible for AFDC-FC while placed with the approved relative caregiver because the child is not eligible for federal financial participation in the AFDC-FC payment. -(2) -Participating -Until January 1, 2020, and subject to the availability of funds, participating -counties shall pay to an approved relative caregiver, for each child eligible for benefits pursuant to this section, an annual clothing allowance of two hundred forty dollars ($240). The clothing allowance shall be paid for a cumulative total of three years. -(c) Any income or benefits received by an eligible child or the approved relative caregiver on behalf of the eligible child that would be offset against the basic rate paid to a foster care provider pursuant to subdivision (g) of Section 11461, shall be offset from any funds that are not CalWORKs funds paid to the approved relative caregiver pursuant to this section. -(d) Participating counties shall recoup an overpayment in the Approved Relative Caregiver Funding Option Program received by an approved relative caregiver using the standards and processes for overpayment recoupment that are applicable to overpayments to an approved home of a relative, as specified in Section 11466.24. Recouped overpayments shall not be subject to remittance to the federal government. Any overpaid funds that are collected by the participating counties shall be remitted to the state after subtracting both of the following: -(1) An amount not to exceed the county share of the CalWORKs portion of the Approved Relative Caregiver Funding Option Program payment, if any. -(2) Any other county funds that were included in the Approved Relative Caregiver Funding Option Program payment. -(e) A county’s election to participate in the Approved Relative Caregiver Funding Option Program shall affirmatively indicate that the county understands and agrees to all of the following conditions: -(1) Commencing October 1, 2014, the county shall notify the department in writing of its decision to participate in the Approved Relative Caregiver Funding Option Program. Failure to make timely notification, without good cause as determined by the department, shall preclude the county from participating in the program for the upcoming calendar year. Annually thereafter, any county not already participating who elects to do so shall notify the department in writing no later than October 1 of its decision to participate for the upcoming calendar year. -(2) The county shall confirm that it will make per child per month payments to all approved relative caregivers on behalf of eligible children in the amount specified in subdivision (b) for the duration of the participation of the county in this program. -(3) The county shall confirm that it will be solely responsible to pay any additional costs needed to make all payments pursuant to subdivision (b) if the state and federal funds allocated to the Approved Relative Caregiver Funding Option Program pursuant to paragraph (1) of subdivision (g) are insufficient to make all eligible payments. -(f) (1) A county deciding to opt out of the Approved Relative Caregiver Funding Option Program shall provide at least 120 days’ prior written notice of that decision to the department. Additionally, the county shall provide at least 90 days’ prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced and the date that the reduction will occur. -(2) The department shall presume that all counties have opted out of the Approved Relative Caregiver Funding Option Program if the funding appropriated for the current 12-month period is reduced below the amount specified in subparagraph (B), subparagraph (C), or subparagraph (D) of paragraph (2) of subdivision (g) for that 12-month period, unless a county notifies the department in writing of its intent to opt in within 60 days of enactment of the State Budget. The counties shall provide at least 90 days’ prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced, and the date that reduction will occur. -(3) Any reduction in payments received by an approved relative caregiver on behalf of a child under this section that results from a decision by a county, including the presumed opt-out pursuant to paragraph (2), to not participate in the Approved Relative Caregiver Funding Option Program shall be exempt from state hearing jurisdiction under Section 10950. -(g) (1) The following funding shall be used for the Approved Relative Caregiver Funding Option Program: -(A) The applicable regional per-child CalWORKs grant, in accordance with subdivision (a) of Section 11253.4. -(B) General Fund resources, as appropriated in paragraph (2). -(C) County funds only to the extent required under paragraph (3) of subdivision (e). -(D) Funding described in subparagraphs (A) and (B) is intended to fully fund the base caseload of approved relative caregivers, which is defined as the number of approved relative caregivers caring for a child who is not eligible to receive AFDC-FC payments, as of July 1, 2014. -(2) The following amount is hereby appropriated from the General Fund as follows: -(A) The sum of fifteen million dollars ($15,000,000), for the period of January 1, 2015, to June 30, 2015, inclusive. -(B) For the period of July 1, 2015, to June 30, 2016, inclusive, there shall be appropriated an amount equal to the sum of all of the following: -(i) Two times the amount appropriated pursuant to subparagraph (A), inclusive of any increase pursuant to paragraph (3). -(ii) The amount necessary to increase or decrease the CalWORKs funding associated with the base caseload described in subparagraph (D) of paragraph (1) to reflect any change from the prior fiscal year in the applicable regional per-child CalWORKs grant described in subparagraph (A) of paragraph (1). -(iii) The additional amount necessary to fully fund the base caseload described in subparagraph (D) of paragraph (1), reflective of the annual California Necessities Index increase to the basic rate paid to foster care providers. -(C) For every 12-month period thereafter, commencing with the period of July 1, 2016, to June 30, 2017, inclusive, the sum of all of the following shall be appropriated for purposes of this section: -(i) The total General Fund amount provided pursuant to this paragraph for the previous 12-month period. -(ii) The amount necessary to increase or decrease the CalWORKs funding associated with the base caseload described in subparagraph (D) of paragraph (1) to reflect any change from the prior fiscal year in the applicable regional per-child CalWORKs grant described in subparagraph (A) of paragraph (1). -(iii) The additional amount necessary to fully fund the base caseload described in subparagraph (D) of paragraph (1), reflective of the annual California Necessities Index increase to the basic rate paid to foster care providers. -(D) Notwithstanding clauses (ii) and (iii) of subparagraph (B) and clauses (ii) and (iii) of subparagraph (C), the total General Fund appropriation made pursuant to subparagraph (B) shall not be less than the greater of the following amounts: -(i) Thirty million dollars ($30,000,000). -(ii) Two times the amount appropriated pursuant to subparagraph (A), inclusive of any increase pursuant to paragraph (3). -(3) To the extent that the appropriation made by subparagraph (A) of paragraph (2) is insufficient to fully fund the base caseload of approved relative caregivers as of July 1, 2014, as described in subparagraph (D) of paragraph (1), for the period of January 1, 2015, to June 30, 2015, inclusive, as jointly determined by the department and the County Welfare Directors’ Association and approved by the Department of Finance on or before October 1, 2015, the amount specified in subparagraph (A) of paragraph (2) shall be increased by the amount necessary to fully fund that base caseload. -(4) Funds available pursuant to paragraph (2) shall be allocated to participating counties proportionate to the number of their approved relative caregiver placements, using a methodology and timing developed by the department, following consultation with county human services agencies and their representatives. -(5) Notwithstanding subdivision (e), if in any calendar year the entire amount of funding appropriated by the state for the Approved Relative Caregiver Funding Option Program has not been fully allocated to or utilized by participating counties, a participating county that has paid any funds pursuant to subparagraph (C) of paragraph (1) of subdivision (g) may request reimbursement for those funds from the department. The authority of the department to approve the requests shall be limited by the amount of available unallocated funds. -(h) An approved relative caregiver receiving payments on behalf of a child pursuant to this section shall not be eligible to receive additional CalWORKs payments on behalf of the same child under Section 11450. -(i) To the extent permitted by federal law, payments received by the approved relative caregiver from the Approved Relative Caregiver Funding Option Program shall not be considered income for the purpose of determining other public benefits. -(j) Prior to referral of any individual or recipient, or that person’s case, to the local child support agency for child support services pursuant to Section 17415 of the Family Code, the county human services agency shall determine if an applicant or recipient has good cause for noncooperation, as set forth in Section 11477.04. If the applicant or recipient claims good cause exception at any subsequent time to the county human services agency or the local child support agency, the local child support agency shall suspend child support services until the county social services agency determines the good cause claim, as set forth in Section 11477.04. If good cause is determined to exist, the local child support agency shall suspend child support services until the applicant or recipient requests their resumption, and shall take other measures that are necessary to protect the applicant or recipient and the children. If the applicant or recipient is the parent of the child for whom aid is sought and the parent is found to have not cooperated without good cause as provided in Section 11477.04, the applicant’s or recipient’s family grant shall be reduced by 25 percent for the time the failure to cooperate lasts. -(k) Consistent with Section 17552 of the Family Code, if aid is paid under this chapter on behalf of a child who is under the jurisdiction of the juvenile court and whose parent or guardian is receiving reunification services, the county human services agency shall determine, prior to referral of the case to the local child support agency for child support services, whether the referral is in the best interest of the child, taking into account both of the following: -(1) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parent’s ability to meet the requirements of the parent’s reunification plan. -(2) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parent’s current or future ability to meet the financial needs of the child. -SEC. 2. -No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.","Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients. -Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Under existing law, a child who is placed in the approved home of a relative is eligible for AFDC-FC if he or she is eligible for federal financial participation in the AFDC-FC payment, as specified. Existing law provides for benefits for a child who is placed in the approved home of a relative and who is ineligible for AFDC-FC pursuant to the CalWORKs program. Existing law establishes the Approved Relative Caregiver Funding Option Program in counties choosing to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. -This bill would -require -require, until January 1, 2020, and subject to the availability of funds, -counties participating in the Approved Relative Caregiver Funding Option Program to pay to an approved relative caregiver, for each child eligible for benefits pursuant to the program, an annual clothing allowance of $240 for a cumulative total of three years. -Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. -This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.","An act to amend Section 11461.3 of the Welfare and Institutions Code, relating to public social services." -1145,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 5096.21 of the Business and Professions Code is amended to read: -5096.21. -(a) (1) On and after January 1, 2016, if the board determines, through a majority vote of the board at a regularly scheduled meeting, that allowing individuals from a particular state to practice in this state pursuant to a practice privilege as described in Section 5096, violates the board’s duty to protect the public, pursuant to Section 5000.1, the board shall require, by regulation, out-of-state individuals licensed from that state, as a condition to exercising a practice privilege in this state, to file the notification form and pay the applicable fees as required by former Section 5096, as added by Chapter 921 of the Statutes of 2004, and regulations adopted thereunder. -(2) The board may adopt emergency regulations, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), to implement this subdivision. The adoption of the regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code. -(b) The board shall, at minimum, consider the following factors in making the determination required by subdivision (a): -(1) Whether the state timely and adequately addresses enforcement referrals made by the board to the accountancy regulatory board of that state, or otherwise fails to respond to requests the board deems necessary to meet its obligations under this article. -(2) Whether the state makes the disciplinary history of its licensees publicly available through the Internet in a manner that allows the board to adequately link consumers to an Internet Web site to obtain information that was previously made available to consumers about individuals from the state prior to January 1, 2013, through the notification form. -(3) Whether the state imposes discipline against licensees that is appropriate in light of the nature of the alleged misconduct. -(c) Notwithstanding subdivision (a), if (1) the National Association of State Boards of Accountancy (NASBA) adopts enforcement best practices guidelines, (2) the board, upon a majority vote at a regularly scheduled board meeting, issues a finding after a public hearing that those practices meet or exceed the board’s own enforcement practices, (3) a state has in place and is operating pursuant to enforcement practices substantially equivalent to the best practices guidelines, and (4) disciplinary history of a state’s licensees is publicly available through the Internet in a manner that allows the board to link consumers to an Internet Web site to obtain information at least equal to the information that was previously available to consumers through the practice privilege form filed by out-of-state licensees pursuant to former Section 5096, as added by Chapter 921 of the Statutes of 2004, no practice privilege form shall be required to be filed by any licensee of that state as required by subdivision (a), nor shall the board be required to report on that state to the Legislature as required by subdivision (d). -(d) (1) The board shall report to the relevant policy committees of the Legislature, the director, and the public, upon request, preliminary determinations made pursuant to this section no later than July 1, 2015. The board shall, prior to January 1, 2016, and thereafter as it deems appropriate, review its determinations made pursuant to subdivision (b) to ensure that it is in compliance with this section. -(2) This subdivision shall become inoperative on July 1, 2017, pursuant to Section 10231.5 of the Government Code. -(e) On or before July 1, 2014, the board shall convene a stakeholder group consisting of members of the board, board enforcement staff, and representatives of the accounting profession and consumer representatives to consider whether the provisions of this article are consistent with the board’s duty to protect the public consistent with Section 5000.1, and whether the provisions of this article satisfy the objectives of stakeholders of the accounting profession in this state, including consumers. The group, at its first meeting, shall adopt policies and procedures relative to how it will conduct its business, including, but not limited to, policies and procedures addressing periodic reporting of its findings to the board. -(f) On or before January 1, 2018, the board shall prepare a report to be provided to the relevant policy committees of the Legislature, the director, and the public, upon request, that, at minimum, explains in detail all of the following: -(1) How the board has implemented this article and whether implementation is complete. -(2) Whether this article is, in the opinion of the board, more, less, or equivalent in the protection it affords the public than its predecessor article. -(3) Describes how other state boards of accountancy have addressed referrals to those boards from the board, the timeframe in which those referrals were addressed, and the outcome of investigations conducted by those boards. -(g) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.","Existing law provides for the licensure and regulation of the practice of accountancy by the California Board of Accountancy within the Department of Consumer Affairs. Existing law authorizes the board to make a determination based on specified factors about whether allowing individuals from a particular state to practice pursuant to a practice privilege violates the board’s duty to protect the public and requires the board, if it were to make such a determination, to require those individuals, except as specified, to file the notification form and pay specified fees as a condition to exercising a practice privilege in this state. -This bill would authorize the board to adopt emergency regulations in order to implement the above-described provisions.","An act to amend Section 5096.21 of the Business and Professions Code, relating to professions and vocations." -1146,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 10912 of the Water Code, as amended by Section 1 of Chapter 588 of the Statutes of 2011, is amended to read: -10912. -For the purposes of this part, the following terms have the following meanings: -(a) “Project” means any of the following: -(1) A proposed residential development of more than 500 dwelling units. -(2) A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space. -(3) A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space. -(4) A proposed hotel or motel, or both, having more than 500 rooms. -(5) (A) Except as otherwise provided in subparagraph (B), a proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area. -(B) A proposed photovoltaic or wind energy generation facility approved on or after October 8, 2011, is not a project if the facility would demand no more than 75 acre-feet of water annually. -(6) A mixed-use project that includes one or more of the projects specified in this subdivision. -(7) A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. -(b) If a public water system has fewer than 5,000 service connections, then “project” means any proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of the public water system’s existing service connections, or a mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system’s existing service connections. -(c) “Public water system” means a system for the provision of piped water to the public for human consumption that has 3,000 or more service connections. A public water system includes all of the following: -(1) Any collection, treatment, storage, and distribution facility under control of the operator of the system that is used primarily in connection with the system. -(2) Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system. -(3) Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. -(d) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. -SEC. 2. -Section 10912 of the Water Code, as added by Section 2 of Chapter 588 of the Statutes of 2011, is amended to read: -10912. -For the purposes of this part, the following terms have the following meanings: -(a) “Project” means any of the following: -(1) A proposed residential development of more than 500 dwelling units. -(2) A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space. -(3) A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space. -(4) A proposed hotel or motel, or both, having more than 500 rooms. -(5) A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area. -(6) A mixed-use project that includes one or more of the projects specified in this subdivision. -(7) A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. -(b) If a public water system has fewer than 5,000 service connections, then “project” means any proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of the public water system’s existing service connections, or a mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system’s existing service connections. -(c) “Public water system” means a system for the provision of piped water to the public for human consumption that has 3,000 or more service connections. A public water system includes all of the following: -(1) Any collection, treatment, storage, and distribution facility under control of the operator of the system that is used primarily in connection with the system. -(2) Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system. -(3) Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. -(d) This section shall become operative on January 1, 2018. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 4. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to encourage the development of photovoltaic and wind generation facilities to meet the state’s renewable portfolio standard and greenhouse gas emission reduction goals, it is necessary for this act to take effect immediately.","Existing law requires a city or county that determines that a project, as defined, is subject to the California Environmental Quality Act to identify any public water system that may supply water for the project and to request those public water systems to prepare a specified water supply assessment. If no public water system is identified, the city or county is required to prepare the water supply assessment. -Existing law defines “project” for purposes of these provisions as, among other things, a project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. For a public water system that has fewer than 5,000 service connections, existing law defines “project” as development that would account for a specified increase in the number of service connections. Existing law, until January 1, 2017, exempts from the definition of “project” a proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually. -This bill would, until January 1, 2018, exempt the above-described proposed photovoltaic or wind energy generation facilities from the definition of “project.” The bill would thereby extend the duties on local agencies with respect to determining whether a project is subject to the water supply assessment requirements, thereby imposing a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -This bill would declare that it is to take effect immediately as an urgency statute.","An act to amend and repeal Section 10912 of the Water Code, relating to water supply, and declaring the urgency thereof, to take effect immediately." -1147,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1185 of the Civil Code is amended to read: -1185. -(a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument. -(b) For purposes of this section, “satisfactory evidence” means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and any one of the following: -(1) (A) The oath or affirmation of a credible witness personally known to the officer, whose identity is proven to the officer upon presentation of a document satisfying the requirements of paragraph (3) or (4), that the person making the acknowledgment is personally known to the witness and that each of the following are true: -(i) The person making the acknowledgment is the person named in the document. -(ii) The person making the acknowledgment is personally known to the witness. -(iii) That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification. -(iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4). -(v) The witness does not have a financial interest in the document being acknowledged and is not named in the document. -(B) A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose this civil penalty may be brought by the Secretary of State in an administrative proceeding or a public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this subparagraph. -(2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities are proven to the officer upon the presentation of a document satisfying the requirements of paragraph (3) or (4), that each statement in paragraph (1) is true. -(3) Reasonable reliance on the presentation to the officer of any one of the following, if the document or other form of identification is current or has been issued within five years: -(A) An identification card or driver’s license issued by the Department of Motor Vehicles. -(B) A passport issued by the Department of State of the United States. -(C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison. -(D) Any form of inmate identification issued by a sheriff’s department, if the inmate is in custody in a local detention facility. -(4) Reasonable reliance on the presentation of any one of the following, provided that a document specified in subparagraphs (A) to (E), inclusive, shall either be current or have been issued within five years and shall contain a photograph and description of the person named on it, shall be signed by the person, and shall bear a serial or other identifying number: -(A) A valid consular identification document issued by a consulate from the applicant’s country of citizenship, or a valid passport from the applicant’s country of citizenship. -(B) A driver’s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver’s licenses. -(C) An identification card issued by a state other than California. -(D) An identification card issued by any branch of the Armed Forces of the United States. -(E) An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city, county, or city and county in this state. -(c) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law. -(d) A party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer. -(e) A person convicted of perjury under this section shall forfeit any financial interest in the document. -SEC. 1.5. -Section 1185 of the Civil Code is amended to read: -1185. -(a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument. -(b) For purposes of this section, “satisfactory evidence” means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and any one of the following: -(1) (A) The oath or affirmation of a credible witness personally known to the officer, whose identity is proven to the officer upon presentation of a document satisfying the requirements of paragraph (3) or (4), that the person making the acknowledgment is personally known to the witness and that each of the following are true: -(i) The person making the acknowledgment is the person named in the document. -(ii) The person making the acknowledgment is personally known to the witness. -(iii) That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification. -(iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4). -(v) The witness does not have a financial interest in the document being acknowledged and is not named in the document. -(B) A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose this civil penalty may be brought by the Secretary of State in an administrative proceeding or a public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this subparagraph. -(2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities are proven to the officer upon the presentation of a document satisfying the requirements of paragraph (3) or (4), that each statement in paragraph (1) is true. -(3) Reasonable reliance on the presentation to the officer of any one of the following, if the document or other form of identification is current or has been issued within five years: -(A) An identification card or driver’s license issued by the Department of Motor Vehicles. -(B) A passport issued by the Department of State of the United States. -(C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison. -(D) Any form of inmate identification issued by a sheriff’s department, if the inmate is in custody in a local detention facility. -(4) Reasonable reliance on the presentation of any one of the following, provided that a document specified in subparagraphs (A) to (F), inclusive, shall either be current or have been issued within five years and shall contain a photograph and description of the person named on it, shall be signed by the person, and shall bear a serial or other identifying number: -(A) A valid consular identification document issued by a consulate from the applicant’s country of citizenship, or a valid passport from the applicant’s country of citizenship. -(B) A driver’s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver’s licenses. -(C) An identification card issued by a state other than California. -(D) An identification card issued by any branch of the Armed Forces of the United States. -(E) An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city, county, or city and county in this state. -(F) An identification card issued by a federally recognized tribal government. -(c) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law. -(d) A party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer. -(e) A person convicted of perjury under this section shall forfeit any financial interest in the document. -SEC. 2. -Section 1.5 of this bill incorporates amendments to Section 1185 of the Civil Code proposed by both this bill and Senate Bill 997. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1185 of the Civil Code, and (3) this bill is enacted after Senate Bill 997, in which case Section 1 of this bill shall not become operative.","Existing law relating to property transfers prohibits the acknowledgment of an instrument unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument. Existing law provides that an officer may reasonably rely on, among other things, a passport issued by a foreign government, a driver’s license issued by another state or a Canadian or Mexican public agency, an identification card issued by another state or a branch of the Armed Forces of the United States, or an employee identification card issued by an agency or office of this state or a city, county, or city and county in this state, provided that the document meets certain requirements. In the event the document is a passport, it must be stamped by the United States Citizenship and Immigration Services of the Department of Homeland Security. -This bill, instead of that provision pertaining to a passport issued by a foreign government, would authorize the acceptance of a valid passport from the applicant’s country of citizenship, or a valid consular identification document issued by a consulate from the applicant’s country of citizenship, as proof of identity. The bill would eliminate the requirement that the passport be stamped by the United States Citizenship and Immigration Services of the Department of Homeland Security. -This bill would incorporate additional changes to Section 1185 of the Civil Code proposed by SB 997 that would become operative if this bill and SB 997 are enacted and this bill is enacted last.","An act to amend Section 1185 of the Civil Code, relating to property." -1148,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11515 of the Vehicle Code is amended to read: -11515. -(a) (1) -Whenever -If -an insurance company makes a total loss settlement on a total loss salvage vehicle, the insurance company, an occupational licensee of the department authorized by the insurance company, or a salvage pool authorized by the insurance company, within 10 days from the settlement of the loss, shall forward the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a fee in the amount of fifteen dollars ($15), to the department. An occupational licensee of the department may submit a certificate of license plate destruction in lieu of the actual license plate. -(2) If an insurance company, an occupational licensee of the department authorized by the insurance company, or a salvage pool authorized by the insurance company is unable to obtain the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department within 30 days following oral or written acceptance by the owner of an offer of an amount in settlement of a total loss, that insurance company, licensee, or salvage pool, on a form provided by the department and signed under penalty of perjury, may request the department to issue a salvage certificate for the vehicle. The request shall include and document that the requester has made at least two written attempts to obtain the certificate of ownership or other acceptable evidence of title, and shall include the license plates and fee described in paragraph (1). -(3) The department, upon receipt of the certificate of ownership, other evidence of title, or properly executed request described in paragraph (2), the license plates, and the fee, shall issue a salvage certificate for the vehicle. -(b) -Whenever -If -the owner of a total loss salvage vehicle retains possession of the vehicle, the insurance company shall notify the department of the retention on a form prescribed by the department. The insurance company shall also notify the insured or owner of the insured’s or owner’s responsibility to comply with this subdivision. The owner shall, within 10 days from the settlement of the loss, forward the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a fee in the amount of fifteen dollars ($15) to the department. The department, upon receipt of the certificate of ownership or other evidence of title, the license plates, and the fee, shall issue a salvage certificate for the vehicle. -(c) -Whenever -If -a total loss salvage vehicle is not the subject of an insurance settlement, the owner shall, within 10 days from the loss, forward the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a fee in the amount of fifteen dollars ($15) to the department. -(d) -Whenever -If -a total loss salvage vehicle is not the subject of an insurance settlement, a self-insurer, as defined in Section 16052, shall, within 10 days from the loss, forward the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a fee in the amount of fifteen dollars ($15) to the department. -(e) Prior to the sale or disposal of a total loss salvage vehicle, the owner, owner’s agent, or salvage pool, shall obtain a properly endorsed salvage certificate and deliver -it -the certificate -to the purchaser within 10 days after payment in full for the salvage vehicle and shall also comply with Section 5900. The department shall accept the endorsed salvage certificate in lieu of the certificate of ownership or other evidence of ownership when accompanied by an application and other documents and fees, including, but not limited to, the fees required by Section 9265, as may be required by the department. -(f) This section does not apply to a vehicle that has been driven or taken without the consent of the owner thereof, until the vehicle has been recovered by the owner and only if the vehicle is a total loss salvage vehicle. -(g) A violation of subdivision (a), (b), (d), or (e) is a misdemeanor, pursuant to Section 40000.11. Notwithstanding Section 40000.11, a violation of subdivision (c) is an infraction, except that, if committed with the intent to defraud, a violation of subdivision (c) is a misdemeanor. -(h) (1) A salvage certificate issued pursuant to this section shall include a statement that the seller and subsequent sellers that transfer ownership of a total loss vehicle pursuant to a properly endorsed salvage certificate are required to disclose to the purchaser at, or prior to, the time of sale that the vehicle has been declared a total loss salvage vehicle. -(2) Effective on and after the department includes in the salvage certificate form the statement described in paragraph (1), a seller who fails to make the disclosure described in paragraph (1) shall be subject to a civil penalty of not more than five hundred dollars ($500). -(3) Nothing in this subdivision affects any other civil remedy provided by law, including, but not limited to, punitive damages.","Existing law requires, if the owner of a total loss salvage vehicle retains possession of the vehicle, the insurance company to notify the Department of Motor Vehicles of the retention, as specified. Existing law requires the owner, within 10 days from the settlement of loss, to forward to the department the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a specified fee. Upon receipt of these items, existing law requires the department to issue a salvage certificate for the vehicle. Prior to the sale or disposal of a total loss salvage vehicle, existing law requires the owner, the owner’s agent, or salvage pool to obtain a properly endorsed salvage certificate and deliver the certificate to the purchaser within 10 days after payment in full for the salvage vehicle, as specified. A violation of these provisions is punishable as a misdemeanor. -This bill would make technical, nonsubstantive changes to this provision.","An act to amend Section 11515 of the Vehicle Code, relating to vehicles." -1149,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3068 of the Civil Code is amended to read: -3068. -(a) Every person has a lien dependent upon possession for the compensation to which -the -that -person is legally entitled for making repairs or performing labor upon, and furnishing supplies or materials for, and for the storage, repair, or safekeeping of, and for the rental of parking space for, any vehicle of a type subject to registration under the Vehicle Code, subject to the limitations set forth in this chapter. The lien shall be deemed to arise at the time a written statement of charges for completed work or services is presented to the registered owner or 15 days after the work or services are completed, whichever occurs first. Upon completion of the work or services, the lienholder shall not dismantle, disengage, remove, or strip from the vehicle the parts used to complete the work or services. -(b) (1) Any lien under this section that arises because work or services have been performed on a vehicle with the consent of the registered owner shall be extinguished and no lien sale shall be conducted unless either of the following occurs: -(A) The lienholder applies for an authorization to conduct a lien sale within 30 days after the lien has arisen. -(B) An action in court is filed within 30 days after the lien has arisen. -(2) A person whose lien for work or services on a vehicle has been extinguished shall turn over possession of the vehicle, at the place where the work or services were performed, to the legal owner or the lessor upon demand of the legal owner or lessor, and upon tender by the legal owner or lessor, by cashier’s check or in cash, of only the amount for storage, safekeeping, or parking space rental for the vehicle to which the person is entitled by subdivision (c). -(3) Any lien under this section that arises because work or services have been performed on a vehicle with the consent of the registered owner shall be extinguished, and no lien sale shall be conducted, if the lienholder, after written demand made by either personal service or certified mail with return receipt requested by the legal owner or the lessor to inspect the vehicle, fails to permit that inspection by the legal owner or lessor, or his or her agent, within a period of time not sooner than 24 hours nor later than 72 hours after the receipt of that written demand, during the normal business hours of the lienholder. -(4) Any lien under this section that arises because work or services have been performed on a vehicle with the consent of the registered owner shall be extinguished, and no lien sale shall be conducted, if the lienholder, after written demand made by either personal service or certified mail with return receipt requested by the legal owner or the lessor to receive a written copy of the work order or invoice reflecting the services or repairs performed on the vehicle and the authorization from the registered owner requesting the lienholder to perform the services or repairs, fails to provide that copy to the legal owner or lessor, or his or her agent, within 10 days after the receipt of that written demand. -(c) The lienholder shall not charge the legal owner or lessor any amount for release of the vehicle in excess of the amounts authorized by this subdivision. -(1) That portion of the lien in excess of one thousand five hundred dollars ($1,500) for any work or services, or that amount, subject to the limitations contained in Section 10652.5 of the Vehicle Code, in excess of one thousand twenty-five dollars ($1,025) for any storage, safekeeping, or rental of parking space or, if an application for an authorization to conduct a lien sale has been filed pursuant to Section 3071 within 30 days after the commencement of the storage or safekeeping, in excess of one thousand two hundred fifty dollars ($1,250) for any storage or safekeeping, rendered or performed at the request of any person other than the legal owner or lessor, is invalid, unless prior to commencing any work, services, storage, safekeeping, or rental of parking space, the person claiming the lien gives actual notice in writing either by personal service or by registered letter addressed to the legal owner named in the registration certificate, and the written consent of that legal owner is obtained before any work, services, storage, safekeeping, or rental of parking space are performed. -(2) Subject to the limitations contained in Section 10652.5 of the Vehicle Code, if any portion of a lien includes charges for the care, storage, or safekeeping of, or for the rental of parking space for, a vehicle for a period in excess of 60 days, the portion of the lien that accrued after the expiration of that period is invalid unless Sections 10650 and 10652 of the Vehicle Code have been complied with by the holder of the lien. -(3) The charge for the care, storage, or safekeeping of a vehicle which may be charged to the legal owner or lessor shall not exceed that for one day of storage if, 24 hours or less after the vehicle is placed in storage, a request is made for the release of the vehicle. If the request is made more than 24 hours after the vehicle is placed in storage, charges may be imposed on a full, calendar-day basis for each day, or part thereof, that the vehicle is in storage. -(d) In any action brought by or on behalf of the legal owner or lessor to recover a vehicle alleged to be wrongfully withheld by the person claiming a lien pursuant to this section, the prevailing party shall be entitled to reasonable attorney’s fees and costs, not to exceed one thousand seven hundred fifty dollars ($1,750).","Existing law grants a person a lien on a vehicle, dependent upon possession, for the compensation connected with repairing, furnishing supplies, storing, or renting parking space for that vehicle. Existing law establishes how the lien arises and how it may be extinguished. -This bill would make a nonsubstantive change in these provisions.","An act to amend Section 3068 of the Civil Code, relating to vehicle liens." -1150,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Corinthian Colleges, Inc., was the target of consumer and taxpayer protection enforcement efforts by the federal government, the Attorney General, and other state and federal authorities. -(b) Based on findings of harm to students enrolled at Corinthian Colleges campuses, the United States Department of Education announced debt relief programs to assist students, including all of the following: -(1) A student who attended a Corinthian Colleges campus that closed on April 27, 2015, and withdrew any time after June 20, 2014, is eligible to apply for a closed school loan discharge, so long as the student does not transfer earned credit and subsequently -complete -completes -a comparable program at another institution. -(2) A student who believes he or she was a victim of fraud or other violations of state law by Corinthian Colleges can apply for debt relief under borrower defense to repayment. The United States Department of Education has determined that Corinthian Colleges misrepresented job placement rates for a majority of programs at its Heald College campuses between 2010 and 2014, and California Everest College and WyoTech campuses between 2010 and 2013, and is in the process of establishing a specific process for federal loan discharge for these students. -(3) A Corinthian Colleges student who intends to submit a borrower defense claim may request loan forbearance while a claims review process is established and his or her claim is reviewed. -(c) On March 25, 2016, the United States Department of Education announced the approval of 6,838 of the 11,740 closed school loan discharge claims and approval of 2,048 of the approximately 11,000 borrower defense to repayment loan forgiveness claims received. Rough estimates place the number of students with eligibility to file a closed school loan discharge or defense to repayment claim at over 350,000 students. -(d) According to testimony provided at the November 10, 2015, advisory committee meeting, the Bureau for Private Postsecondary Education staff indicated that Corinthian Colleges students have largely needed assistance in working with loan servicers to secure a closed school loan discharge and in applying to the United States Department of Education for loan forgiveness based on borrower defense to repayment. According to that testimony, the Bureau for Private Postsecondary Education at that time had one employee responsible for assisting the hundreds of thousands of California students eligible for loan forgiveness and tuition recovery. -(e) Without assistance, evidence shows that only a small fraction of students eligible for tuition recovery or federal loan discharge will file a claim. -(f) Pursuant to Section 94923, the Student Tuition Recovery Fund exists to relieve or mitigate a student’s economic loss caused by a documented violation of certain laws or by institutional closure, as specified. -(g) It is consistent with the purpose of the Student Tuition Recovery Fund to provide assistance to Corinthian Colleges students to obtain federal and private loan discharge and other financial aid relief. -(h) It is the intent of the Legislature that unencumbered restitution funds awarded to the state from a lawsuit involving Corinthian Colleges and its affiliate institutions, including Heald College, be used to repay any funds provided to students pursuant to this act. -SEC. 2. -Section 69433.61 is added to the Education Code, to read: -69433.61. -(a) Notwithstanding any other law, a student who was enrolled and received a Cal Grant award in the 2013–14 or 2014–15 academic year at a California campus of Heald College, and was unable to complete an educational program offered by the campus due to the campus’ closure on April 27, 2015, shall not have the award years used at a Heald College campus considered for purposes of the limitation on the number of years of Cal Grant award eligibility. This restoration of award years for Cal Grant eligibility shall not exceed two years. -(b) A student shall be eligible for the restoration of award years if the student was enrolled at a campus of Heald College on April 27, 2015, or withdrew from enrollment between July 1, 2014, and April 27, 2015. The Bureau for Private Postsecondary Education shall provide the commission with information, if available, to confirm student enrollment for purposes of this section. -(c) An eligible student shall, before July 1, 2018, notify the commission of his or her intent to use the restoration of award years provided under this section and to enroll in an institution eligible for initial and renewal Cal Grant awards to be eligible for that restoration. -SEC. 3. -Section 69999.19 is added to the Education Code, to read: -69999.19. -(a) Notwithstanding any other law, a student who was enrolled and received a California National Guard Education Assistance Award in the 2013–14 or 2014–15 academic year at a California campus of Heald College, and was unable to complete an educational program offered by the campus due to the campus’ closure on April 27, 2015, shall not have the award years used at a Heald College campus considered for purposes of the limitation on the number of years of California National Guard Education Assistance Award eligibility. This restoration of award years for California National Guard Education Assistance Award eligibility shall not exceed two years. -(b) A student shall be eligible for the restoration of award years if the student was enrolled at a campus of Heald College on April 27, 2015, or withdrew from enrollment between July 1, 2014, and April 27, 2015. The Bureau for Private Postsecondary Education shall provide the commission with information, if available, to confirm student enrollment for purposes of this section. -(c) An eligible student shall, before July 1, 2018, notify the commission of his or her intent to use the restoration of award years provided under this section and to enroll in an institution eligible for initial and renewal California National Guard Education Assistance Awards to be eligible for that restoration. -SEC. 4. -Section 94051 is added to the Education Code, to read: -94051. -(a) Notwithstanding any other law, until July 1, 2020, a state agency that provides licensure may consider for licensure any student who was enrolled in an educational program of Corinthian Colleges, Inc., designed to lead to licensure from that state agency, and who did not receive that licensure due to the institution’s closure. This consideration shall be provided at the discretion of the state agency in accordance with its public protection mandate and applicable criteria established by the agency for consumer safety. -(b) A state agency, as specified in subdivision (a), may require coursework or passage of a California law and ethics examination, if not already required, to ensure that the potential licensee is versed in the most recent and relevant state laws applicable to the license. -SEC. 5. -Section 94926.5 is added to the Education Code, to read: -94926.5. -(a) Upon appropriation by the Legislature from the Student Tuition Recovery Fund, in response to the student harm caused by the practices and unlawful closure of Corinthian Colleges, Inc., grant funds shall be timely provided in accordance with this section to eligible nonprofit community service organizations to assist the eligible students of that closed institution by relieving or mitigating the economic and educational opportunity loss incurred by those students. -(b) (1)   The terms and conditions of the grant agreements shall ensure that grant funds are used for the exclusive purpose of assisting eligible students with federal and private loan discharge and other financial aid relief, and that students eligible to claim recovery through the Student Tuition Recovery Fund are referred to the bureau for assistance with claim processing. -(2) This subdivision is not intended to prohibit a nonprofit community service organization from using grant funds to screen student requests for assistance in order to determine if a student meets assistance eligibility requirements. -(c) Services provided by eligible nonprofit community service organizations may include, but are not to be limited to, outreach and education, screening requests for assistance, referring students for additional legal assistance through pro bono referral programs, and legal services. -(d) For purposes of this section, an “eligible nonprofit community service organization” is an organization that satisfies all of the following conditions: -(1) The organization is a 501(c)(3) tax-exempt organization in good standing with the Internal Revenue Service and in compliance with all applicable laws and requirements. -(2) The organization demonstrates expertise in assisting students with, and currently provides free direct legal services to students for, or will work in partnership -with -with, -or under the supervision -of -of, -an attorney or a nonprofit legal services organization that has demonstrated expertise in assisting students with, student loan and tuition recovery-related matters. -(3) The organization does not charge students for services, including services provided pursuant to this section. -(e) For purposes of this section, an “eligible student” is a student who was enrolled at a California campus of, or a California student who was enrolled in an online campus of, a Corinthian Colleges institution, and who has been screened by the nonprofit community service organization and determined to be eligible for debt relief from the United States Department of Education or other student financial aid relief. -(f) (1)   The bureau shall notify the Attorney General of all unlawful Corinthian Colleges closures within 15 days of the effective date of this section. -(2) The notification shall include the name and location of the school, the programs, and the number of students affected at each site of the school, as appropriate. The bureau shall provide the Attorney General with all additional information that the Attorney General may request, if the bureau has access to the requested information. -(3) The Attorney General shall, within 90 days of receipt of the notification, solicit grant applications from eligible nonprofit community service organizations as described in subdivision (d), select one or more of these organizations from among the applicants who are deemed to be qualified by the Attorney General, set additional terms and conditions of the grants as necessary, and notify the bureau and the recipient organization or organizations of the selection and the share of grant funds available that the organization shall receive. The Attorney General may enter into a contract with another qualified entity to perform the Attorney General’s duties under this subdivision. -(g) Within 30 days of selection pursuant to paragraph (3) of subdivision (f), an eligible nonprofit community service organization that receives funds pursuant to this section shall enter into a grant agreement with the Attorney General, or a qualified entity entrusted with this authority pursuant to paragraph (3) of subdivision (f), as applicable, and shall use grant funds exclusively for the purposes set forth in this section in accordance with the agreement. Any unused funds shall be returned to the Attorney General for return to the Student Tuition Recovery Fund, except that, upon the approval of the Attorney General, an eligible nonprofit community service organization may expend those unused funds to provide assistance to students who were enrolled at an institution approved to operate by the bureau and who were harmed by the unlawful closure of that institution. The Attorney General, or a contracted qualified entity, may terminate the grant agreement for material breach, and may require repayment of funds provided to the nonprofit community service organization during the time that the agreement was being materially breached. However, the Attorney General, or a qualified entity, shall provide the grantee with written notice of the breach and a reasonable opportunity of not less than 30 days to resolve the breach. -(h) An eligible nonprofit community service organization that receives a grant may give priority to low-income students if demand exceeds available grant funds. Otherwise, the organization may provide assistance regardless of student income level. -(i) (1)   An eligible nonprofit community service organization that receives a grant shall report to the Attorney General, or a qualified entity pursuant to paragraph (3) of subdivision (f), as applicable, quarterly through the grant period on all of the following: -(A) The number of eligible students served pursuant to the grant agreement. -(B) A detailed summary of services provided to those students. -(C) The number of Student Tuition Recovery Fund claims referred to the bureau. -(D) The number of federal loan forgiveness claims filed and the number of those claims approved, denied, and pending. -(E) The number of students screened by the nonprofit community service organization who were determined ineligible for assistance with debt relief pursuant to subdivision (e), a summary of reasons for ineligibility, and a summary of any services or referral information provided to those students. -(F) Any other information that is deemed appropriate by the Attorney General or qualified entity, as applicable. -(2) The Attorney General or qualified entity, as applicable, shall make the reports submitted pursuant to paragraph (1) available to the Legislature and the bureau upon request. -(3) The Attorney General or qualified entity, as applicable, shall provide the Legislature and the bureau a final report summarizing the information submitted pursuant to paragraph (1) promptly following the time when all funds are expended by the grantees or by January 1, 2019, whichever is earlier. -(j) Funds shall be distributed to preapproved nonprofit community service organizations as follows: -(1) Fifty percent shall be distributed to the grantee within 30 days of the grantee entering into a grant agreement. -(2) Twenty-five percent shall be distributed to the grantee upon the submission of the grantee’s second quarterly report. -(3) Twenty-five percent shall be distributed to the grantee upon the submission of the grantee’s third quarterly report. -(k) The adoption of any regulation pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public health and safety, or general welfare. -SEC. 6. -(a) It is the intent of the Legislature that grant funds be made available from the Student Tuition Recovery Fund to assist former students of Corinthian Colleges, Inc., in obtaining federal and private loan discharge and other financial aid related relief, that the amount of funds available be calculated by multiplying the number of students (13,000) enrolled at the time of the institution’s unlawful closure by one hundred dollars ($100), and that organizations receiving grants use available funds in ways that maximize the number of California students that apply for and receive loan discharge and tuition recovery. -(b) Consistent with subdivision (a), the sum of one million three hundred thousand dollars ($1,300,000) is hereby appropriated from the Student Tuition Recovery Fund to the Attorney General for the purposes of providing grants pursuant to Section 94926.5 of the Education Code, and to pay an amount not to exceed one hundred fifty thousand dollars ($150,000) for the reasonable administrative costs of the Attorney General’s office related to these grants. -SEC. 7. -This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: -In order to provide immediate educational and economic relief to the thousands of students harmed by the closure of Corinthian Colleges, it is necessary for this act to take effect immediately.","(1) The California Private Postsecondary Education Act of 2009 provides for the regulation of private postsecondary educational institutions by the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. The act also establishes the Student Tuition Recovery Fund and requires the bureau to adopt regulations governing the administration and maintenance of the fund, including requirements relating to assessments on students and student claims against the fund, and establishes that the moneys in this fund are continuously appropriated to the bureau for specified purposes. -This bill would appropriate the sum of $1,300,000 from the Student Tuition Recovery Fund to the Attorney General for the purposes of providing grants to eligible nonprofit community service organizations to assist eligible students affected by the closure of Corinthian Colleges, Inc., as defined, with loan discharge and other student loan-related requests and tuition recovery-related claims, and to pay an amount not to exceed $150,000 for the reasonable administrative costs of the Attorney General’s office related to these grants, as specified. The bill would require the bureau to notify the Attorney General of all unlawful Corinthian Colleges closures within 15 days of the effective date of these provisions. The bill would require the Attorney General to, among other things, within 90 days of the notification, solicit grant applications from eligible nonprofit community service organizations, select one or more of these organizations deemed to be qualified, and set additional terms and conditions of the grants as necessary. The bill would provide that any unused funds are to be returned to the Attorney General for return to the Student Tuition Recovery Fund, except that, upon the approval of the Attorney General, an eligible nonprofit community service organization may expend those unused funds to provide assistance to students who were enrolled at an institution approved to operate by the bureau and who were harmed by the unlawful closure of that institution. The bill would set a schedule for how grant funds are to be distributed. The bill would require the grantee to submit specified information to the Attorney General on a quarterly basis, and require the Attorney General to make these reports available to the Legislature and the bureau upon request. The bill would require the Attorney General to provide the Legislature and the bureau a final report summarizing all the information submitted to it by grantees, promptly following the time when all funds are expended by the grantees, or by January 1, 2019, whichever is earlier. The bill would authorize the Attorney General to contract with another qualified entity to perform the Attorney General’s duties under these provisions. -(2) This bill would, until July 1, 2020, authorize state agencies that provide licensure to consider for licensure students who were enrolled in an educational program of Corinthian Colleges, Inc., designed to lead to licensure from that state agency, and who did not receive that licensure due to the institution’s closure. -(3) The Cal Grant Program prohibits an applicant from receiving Cal Grant awards totaling in excess of the amount equivalent to the award level for a total of 4 years of full-time attendance in an undergraduate program, except as provided. -This bill would partially exempt from this limitation on Cal Grant awards a student who was enrolled and received a Cal Grant award at a California campus of Heald College, and who was unable to complete an educational program offered by the campus due to its closure. -(4) The California National Guard Education Assistance Award Program authorizes the renewal of California National Guard Education Assistance Awards, for a maximum of the greater of either 4 years of full-time equivalent enrollment or the duration for which the qualifying member would otherwise be eligible pursuant to the Cal Grant Program, if specified conditions are met. -This bill would partially exempt from this limitation on California National Guard Education Assistance Awards a student who was enrolled and received a California National Guard Education Assistance Award at a California campus of Heald College, and who was unable to complete an educational program offered by the campus due to its closure. -(5) This bill would declare that it is to take effect immediately as an urgency statute.","An act to add Sections 69433.61, 69999.19, 94051, and 94926.5 to the Education Code, relating to higher education, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately." -1151,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17053.75 is added to the Revenue and Taxation Code, to read: -17053.75. -(a) For taxable years beginning on or after January 1, 2017, -and before January 1, 2022, -there shall be allowed a credit against the “net tax,” as defined by Section 17039, to a qualified employer who pays a qualified employee a wage that equals or exceeds the state minimum wage during the taxable year. -(b) The credit shall be in an amount that is equal to the difference between the special minimum wage that may be paid to the qualified employee and the state minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year. -(c) For purposes of this section, the following definitions shall apply: -(1) “Minimum wage” means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code. -(2) “Qualified employee” means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor -Code. -Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code. -(3) (A) “Qualified employer” means a taxpayer that employs a qualified employee in this state. -(B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified employer under this section shall be made at the entity level, and any credit under this section or Section 23675 shall be allowed to the pass-thru entity and passed through to the partners or shareholders in accordance with applicable provisions of this part or Part 11 (commencing with Section 23001). For purposes of this section, the term “pass-thru entity” means any partnership or “S” Corporation. -(d) A qualified employer shall do both of the following: -(1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee. -(2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board. -(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. -(f) In the case where any credit allowed by this section exceeds the net “tax,” the excess may be carried over to reduce the “net tax” in the following year, and succeeding years if necessary, until this section is repealed. -(g) On or before June 1, 2022, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following: -(1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 23675. -(2) The number of employers who used and applied for a credit authorized by this section and Section 23675 each year. -(3) The number of employees for whom a credit authorized by this section and Section 23675 was claimed. -(h) This section shall remain in effect only until December 1, 2022, and as of that date is repealed. -SEC. 2. -Section 23675 is added to the Revenue and Taxation Code, to read: -23675. -(a) For taxable years beginning on or after January 1, 2017, -and before January 1, 2022, -there shall be allowed a credit against the “tax,” as defined by Section 23036, to a qualified employer who pays a qualified employee a wage that equals or exceeds the state minimum wage during the taxable year. -(b) The credit shall be in an amount that is equal to the difference between the special minimum wage that may be paid to the qualified employee and the state minimum wage, multiplied by the number of hours worked by the qualified employee for the qualified employer during the taxable year. -(c) For purposes of this section, the following definitions shall apply: -(1) “Minimum wage” means the wage established by the Industrial Welfare Commission as provided for in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code. -(2) “Qualified employee” means an individual who may be paid a special minimum wage pursuant to Section 214(c) of Title 29 of the United States Code or Section 1191 or 1191.5 of the Labor -Code. -Code that is subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code. -(3) (A) “Qualified employer” means a taxpayer that employs a qualified employee in this state. -(B) In the case of any pass-thru entity, the determination of whether a taxpayer is a qualified taxpayer under this section shall be made at the entity level, and any credit under this section or Section 17053.75 shall be allowed to the pass-thru entity and passed through to the partners in accordance with applicable provisions of this part or Part 10 (commencing with Section 17001). For purposes of this subparagraph, the term “pass-thru entity” means any partnership. -(d) A qualified employer shall do both of the following: -(1) Obtain from the Industrial Welfare Commission a certification that a qualified employee meets the eligibility requirements of paragraph (2) of subdivision (c). The certification shall include the dollar amount of special minimum wage applicable to each qualified employee. -(2) Retain the certification and provide a copy of it upon request to the Franchise Tax Board. -(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. -(f) In the case where any credit allowed by this section exceeds the “tax,” the excess may be carried over to reduce the “tax” in the following year, and succeeding years if necessary, until this section is repealed. -(g) On or before June 1, 2022, the Franchise Tax Board shall submit a report to the Legislature in compliance with Section 9795 of the Government Code that contains the following: -(1) The number of Californians with developmental disabilities employed during each year of the operative period of this section and Section 17053.75. -(2) The number of employers who used and applied for a credit authorized by this section and Section 17053.75 each year. -(3) The number of employees for whom a credit authorized by this section and Section 17053.75 was claimed. -(h) This section shall remain in effect only until December 1, 2022, and as of that date is repealed. -SEC. 3. -It is the intent of the Legislature to enact legislation to comply with the requirements of Section -41. -41 of the Revenue and Taxation Code. -SEC. 4. -This act provides for a tax levy within the meaning of Article IV of the -California -Constitution and shall go into immediate effect.","The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. -This bill, for taxable years beginning on and after January 1, 2017, -and before January 1, 2022, -would allow a credit under those laws to an employer who pays a qualified employee a wage equal to or exceeding the state minimum wage during the taxable year, as provided. The bill would define a qualified employee as an individual with a disability who may be paid a special minimum wage under existing state or federal law. The credit would be allowed in an amount equal to the difference between the special minimum wage and the state minimum wage, multiplied by the hours worked by the qualified employee. -The bill would require the Franchise Tax Board to submit a report containing specified data relating to these credits to the Legislature by June 1, 2022. -This bill would take effect immediately as a tax levy.","An act to add -and repeal -Sections 17053.75 and 23675 -to -of -the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -1152,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 261 of the Penal Code is amended to read: -261. -(a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances: -(1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent. -(2) Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. -(3) Where a person is -prevented from resisting -incapable of giving consent -by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused. -(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, “unconscious of the nature of the act” means incapable of -resisting -giving consent -because the victim meets any one of the following conditions: -(A) Was unconscious or asleep. -(B) Was not aware, knowing, perceiving, or cognizant that the act occurred. -(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact. -(D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose. -(5) Where a person submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief. -(6) Where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, “threatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death. -(7) Where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official. -(b) As used in this section, “duress” means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in appraising the existence of duress. -(c) As used in this section, “menace” means any threat, declaration, or act which shows an intention to inflict an injury upon another. -SEC. 2. -Section 262 of the Penal Code is amended to read: -262. -(a) Rape of a person who is the spouse of the perpetrator is an act of sexual intercourse accomplished under any of the following circumstances: -(1) Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. -(2) Where a person is -prevented from resisting -incapable of giving consent -by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known, by the accused. -(3) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, “unconscious of the nature of the act” means incapable of -resisting -giving consent -because the victim meets one of the following conditions: -(A) Was unconscious or asleep. -(B) Was not aware, knowing, perceiving, or cognizant that the act occurred. -(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact. -(4) Where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, “threatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death. -(5) Where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official. -(b) As used in this section, “duress” means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in apprising the existence of duress. -(c) As used in this section, “menace” means any threat, declaration, or act that shows an intention to inflict an injury upon another. -(d) If probation is granted upon conviction of a violation of this section, the conditions of probation may include, in lieu of a fine, one or both of the following requirements: -(1) That the defendant make payments to a battered women’s shelter, up to a maximum of one thousand dollars ($1,000). -(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. -For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, rape is an act of sexual intercourse accomplished under certain circumstances, including, among others, circumstances in which sexual intercourse is accomplished where the person was prevented from resisting because of intoxication or where the person is incapable of resisting because the victim was unconscious of the nature of the act. -This bill would instead provide that rape is accomplished where the person was incapable of giving consent because of intoxication or where the person is incapable of giving consent because the victim was unconscious of the nature of the act. By changing the definition of a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 261 and 262 of the Penal Code, relating to rape." -1153,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 5388 is added to the Public Utilities Code, to read: -5388. -(a) The commission shall establish a telephone communications service that is available to members of the public to communicate to the commission any concerns, or register complaints, regarding service provided by charter-party carriers of passengers, including transportation network companies. The commission shall designate a telephone number for members of the public to dial to communicate their concerns or complaints. The commission shall require each charter-party carrier of passengers to include the telephone number designated by the commission on all contracts for service made after January 1, 2018. For a transportation network company or other charter-party carrier of passengers that arrange for transportation utilizing application software, commonly termed an app, the commission shall require that the customer be notified of the existence of, and purpose for, the telephone number as part of the electronic transaction. The commission may maintain additional, alternative means for members of the public to express concerns or register complaints. -(b) The commission shall maintain a record of all concerns and complaints communicated to the commission relative to charter-party carriers of passengers, including transportation network companies. The commission shall establish rules or guidelines as to what concerns and complaints do or do not raise matters of serious concern. As to those concerns and complaints that do not raise a matter of serious concern, the commission staff shall diligently attempt to informally resolve the concern or complaint and shall maintain a record of whether the concern or complaint was resolved. The commission shall investigate each concern or complaint made to the commission that raises a matter of serious concern and initiate and conclude appropriate enforcement action with respect to any violation of this act or a rule adopted by the commission pursuant to this act. The commission shall maintain a record of all concerns and complaints that result in an investigation, a description of the investigation conducted by the commission, and the result of the investigation. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -SECTION 1. -Section 1801.3 of the -Public Utilities Code -is amended to read: -1801.3. -It is the intent of the Legislature that: -(a)The provisions of this article shall apply to all formal proceedings of the commission involving electrical, gas, water, telegraph, and telephone corporations and to corporations that are subject to regulation by the commission pursuant to Chapter 8 (commencing with Section 5351) of Division 2. -(b)The provisions of this article shall be administered in a manner that encourages the effective and efficient participation of all groups that have a stake in the public utility regulation process. -(c)The process for finding eligibility for intervenor compensation be streamlined, by simplifying the preliminary showing by an intervenor of issues, budget, and costs. -(d)Intervenors be compensated for making a substantial contribution to proceedings of the commission, as determined by the commission in its orders and decisions. -(e)Intervenor compensation be awarded to eligible intervenors in a timely manner, within a reasonable period after the intervenor has made the substantial contribution to a proceeding that is the basis for the compensation award. -(f)This article shall be administered in a manner that avoids unproductive or unnecessary participation that duplicates the participation of similar interests otherwise adequately represented or participation that is not necessary for a fair determination of the proceeding. -SEC. 2. -Section 1802 of the -Public Utilities Code -is amended to read: -1802. -As used in this article: -(a)“Compensation” means payment for all or part, as determined by the commission, of reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any. -(b)(1)“Customer” means any of the following: -(A)A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation or representing consumers, customers, or passengers of any corporation subject to regulation by the commission pursuant to Chapter 8 (commencing with Section 5351) of Division 2. -(B)A representative who has been authorized by a customer. -(C)A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation. -(2)“Customer” does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the commission’s opinion, was established or formed by a local government entity for the purpose of participating in a commission proceeding. -(c)“Expert witness fees” means recorded or billed costs incurred by a customer for an expert witness. -(d)“Other reasonable costs” means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution. -(e)“Party” means any interested party, respondent public utility, or commission staff in a hearing or proceeding. -(f)“Proceeding” means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission. -(g)“Significant financial hardship” means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocate’s fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding. -(h)“Small commercial customer” means any nonresidential customer with a maximum peak demand of less than 50 kilowatts. The commission may establish rules to modify or change the definition of “small commercial customer,” including use of criteria other than a peak demand threshold, if the commission determines that the modification or change will promote participation in proceedings at the commission by organizations representing small businesses, without incorporating large commercial and industrial customers. -(i)“Substantial contribution” means that, in the judgment of the commission, the customer’s presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. Where the customer’s participation has resulted in a substantial contribution, even if the decision adopts that customer’s contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocate’s fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation. -SEC. 3. -Section 1809 is added to the -Public Utilities Code -, to read: -1809. -The commission shall deny any claim for compensation for contributions to a closed proceeding unless otherwise specified in this article.","Charter-party carriers of passengers, including transportation network companies, are subject to the jurisdiction and control of the Public Utilities Commission under the Passenger Charter-party Carriers’ Act. -This bill would require the commission to establish a telephone communications service, with a designated telephone number, that would be available to members of the public to communicate to the commission any concerns, or register complaints, regarding service provided by charter-party carriers of passengers, including transportation network companies. The bill would require each charter-party carrier of passengers to include the telephone number designated by the commission on all contracts for service made after January 1, 2018, and for a transportation network company or other charter-party carrier of passengers that arranges for transportation utilizing application software, commonly termed an app, the bill would require that the customer be notified of the existence of, andf the Passenger Charter-party Carriers’ Act or an order or direction of the commission pursuant to the act is a crime. -Because the provisions of this bill are within the act and require action by the commission to implement its requirements, a violation of these provisions would impose a state-mandated local program by creating a new crime. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason. -Under existing law, the Public Utilities Commission has broad regulatory authority pursuant to the California Constitution and the Public Utilities Act over public utilities, as defined, including common carriers, toll bridge corporations, electrical corporations, gas corporations, pipeline corporations, telephone corporations, telegraph corporations, water corporations, sewer system corporations, and heat corporations. In addition, the commission has more limited authority over certain other corporations, including charter-party carriers of passengers. Existing law provides compensation for reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs to public utility customers and representatives of customers for participation or intervention in formal proceedings of the commission involving electrical, gas, water, telegraph, and telephone public utilities. -This bill would additionally authorize compensation to be awarded by the commission for reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs to customers and representatives of customers for participation or intervention in formal proceedings of the commission involving a corporation that is subject to regulation by the commission pursuant to the Passenger Charter-Party Carriers’ Act. -Existing law requires the commission to deny compensation to any customer who attempts to delay or obstruct the orderly and timely fulfillment of the commission’s responsibilities. -This bill would require the commission to deny any claim for compensation for contributions to a closed proceeding unless otherwise specified.","An act to -amend Sections 1801.3 and 1802 of, and to add Section 1809 to, -add Section 5388 to -the Public Utilities Code, relating to -proceedings of -the Public Utilities Commission." -1154,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 4.5 (commencing with Section 12097) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read: -Article 4.5. California Permit Assistance -12097. -(a) The Permit Assistance Program is hereby created within the Governor’s Office of Business and Economic Development. -(b) The program shall do all of the following: -(1) Provide permitting and regulatory compliance assistance to businesses. -(2) Assist businesses in accessing information and resources related to permitting and regulatory compliance. -(3) Provide mediation and third-party neutral facilitation to resolve conflicts between applicants and permitting and regulatory entities. -(4) Work with federal, state, regional, and local permitting and regulatory entities to exchange best practices and implement improvements to modernize permitting processes. -(5) Manage and regularly update the office’s Internet Web site pursuant to Section 12097.1. -(c) The program shall work cooperatively with local, regional, federal, and other state public agencies and private sector business and economic development organizations. -(d) Notwithstanding Section 10231.5, the Governor’s Office of Business and Economic Development shall report to the Governor and the Legislature annually on the activities and outcomes of the program. -SEC. 2. -Section 12019.5 of the Government Code is amended and renumbered to read: -12097.1. -(a) The director shall ensure that the office’s Internet Web site contains information on the licensing, permitting, and registration requirements of state agencies, and shall include, but not be limited to, information that does all of the following: -(1) Assists individuals with identifying the type of applications, forms, or other similar documents an applicant may need. -(2) Provides a direct link to a digital copy of all state licensing, permitting, and registration applications, forms, or other similar documents where made available for download. -(3) Instructs individuals on how and where to submit applications, forms, or other similar documents. -(b) The director shall ensure that the office’s Internet Web site contains information on the fee requirements and fee schedules of state agencies, and shall include, but not be limited to, information that does all of the following: -(1) Assists individuals with identifying the types of fees and their due dates. -(2) Provides direct links to the fee requirements and fee schedules for all state agencies, where made available for download. -(3) Instructs individuals on how and where to submit payments. -(c) The office shall ensure that the Internet Web site is user-friendly and provides accurate, updated information. -(d) (1) Each state agency that has licensing, permitting, or registration authority shall provide direct links to information about its licensing, permitting, and registration requirements and fee schedule to the office. -(2) A state agency shall not use the Internet Web site established under this section as the exclusive source of information for the public to access licensing requirements and fees for that agency. -(e) The office may impose a reasonable fee, not to exceed the actual cost to provide the service, as a condition of accessing information on the Internet Web site established under subdivisions (a) and (b). -SEC. 3. -Section 65460.5 of the Government Code is amended to read: -65460.5. -A city or county establishing a district and preparing a plan pursuant to this article shall be eligible for available transportation funding. -SEC. 4. -Section 65923.8 of the Government Code is amended to read: -65923.8. -Any state agency which is the lead agency for a development project shall inform the applicant for a permit that the Governor’s Office of Business and Economic Development has been created to assist, and provide information to, developers relating to the permit approval process. -SEC. 5. -Section 66033 of the Government Code is repealed. -SEC. 6. -Section 25199.4 of the Health and Safety Code is repealed. -SEC. 7. -Section 25199.7 of the Health and Safety Code is amended to read: -25199.7. -(a) At least 90 days before filing an application for a land use decision for a specified hazardous waste facility project with a local agency, the proponent shall file a notice of intent to make the application with the Department of Toxic Substances Control and with the applicable city or county. The notice of intent shall specify the location to which the notice of intent is applicable and shall contain a complete description of the nature, function, and scope of the project. The Department of Toxic Substances Control shall immediately notify affected state agencies of the notice of intent. The local agency shall publish a notice in a newspaper of general circulation in the area affected by the proposed project, shall post notices in the location where the proposed project is located, and shall notify, by a direct mailing, the owners of contiguous property, as shown in the latest equalized assessment roll. A notice of intent filed with a local agency shall be accompanied by a fee which shall be set by the local agency in an amount equal to the local agency’s cost of processing the notice of intent and carrying out the notification requirements of this subdivision. A notice of intent is not transferable to a location other than the location specified in the notice and shall remain in effect for one year from the date it is filed with a local agency or until it is withdrawn by the proponent, whichever is earlier. -(b) A notice of intent is not effective and a proponent may not file an application for a land use decision for a specified hazardous waste facility project with a local agency unless the proponent has first complied with subdivision (a). -(c) Within 90 days after a notice of intent is filed with the Department of Toxic Substances Control pursuant to subdivision (a), the department shall convene a public meeting in the affected city or county to inform the public on the nature, function, and scope of the proposed specified hazardous waste facility project and the procedures that are required for approving applications for the project. -(d) The legislative body of the affected local agency shall appoint a seven member local assessment committee to advise it in considering an application for a land use decision for a specified hazardous waste facility project. The members of the local assessment committee may be appointed at any time after the notice of intent is filed with the local agency but shall be appointed not later than 30 days after the application for the land use decision is accepted as complete by the local agency. The local agency shall charge the project proponent a fee to cover the local agency’s costs of establishing and convening the local assessment committee. The fee shall accompany the application for a land use decision. -(1) The membership of the committee shall be broadly constituted to reflect the makeup of the community, and shall include three representatives of the community at large, two representatives of environmental or public interest groups, and two representatives of affected businesses and industries. Members of local assessment committees selected pursuant to this subdivision shall have no direct financial interest, as defined in Section 87103 of the Government Code, in the proposed specified hazardous waste facility project. -(2) The local assessment committee shall, as its primary function, advise the appointing legislative body of the affected local agency of the terms and conditions under which the proposed hazardous waste facility project may be acceptable to the community. To carry out this function, the local assessment committee shall do all of the following: -(A) Enter into a dialogue with the proponent for the proposed hazardous waste facility project to reach an understanding with the proponent on both of the following: -(i) The measures that should be taken by the proponent in connection with the operation of the proposed hazardous waste facility project to protect the public health, safety, and welfare, and the environment of the city or county. -(ii) The special benefits and remuneration the facility proponent will provide the city or county as compensation for the local costs associated with the operation of the facility. -(B) Represent generally, in meetings with the project proponent, the interests of the residents of the city or county and the interests of adjacent communities. -(C) Receive and expend any technical assistance grants made available pursuant to subdivision (g). -(D) Adopt rules and procedures which are necessary to perform its duties. -(E) Advise the legislative body of the city or county of the terms, provisions, and conditions for project approval which have been agreed upon by the committee and the proponent, and of any additional information which the committee deems appropriate. The legislative body of the city or county may use this advice for its independent consideration of the project. -(3) The legislative body of the affected jurisdiction shall provide staff resources to assist the local assessment committee in performing its duties. -(4) A local assessment committee established pursuant to this subdivision shall cease to exist after final administrative action by state and local agencies has been taken on the permit applications for the project for which the committee was convened. -(e) A local agency shall notify the Department of Toxic Substances Control within 10 days after an application for a land use decision for a specified hazardous waste facility project is accepted as complete by the local agency and, within 60 days after receiving this notice, the Department of Toxic Substances Control shall convene a meeting of the lead and responsible agencies for the project, the proponent, the local assessment committee, and the interested public, for the purpose of determining the issues which concern the agencies that are required to approve the project and the issues which concern the public. The meeting shall take place in the jurisdiction where the application has been filed. -(f) Following the meeting required by subdivision (e), the proponent and the local assessment committee appointed pursuant to subdivision (d) shall meet and confer on the specified hazardous waste facility project proposal for the purpose of establishing the terms and conditions under which the project will be acceptable to the community. -(g) (1) If the local assessment committee finds that it requires assistance and independent advice to adequately review a proposed hazardous waste facility project, it may request technical assistance grants from the local agency to enable the committee to hire a consultant. The committee may use technical assistance grant funds made available to it to hire a consultant to do either, or both, of the following: -(A) Assist the committee in reviewing and evaluating the application for the project, the environmental documents prepared for the project pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and any other documents, materials, and information that are required by a public agency in connection with the application for a land use decision or a permit. -(B) Advise the local assessment committee in its meetings and discussions with the facility proponent to seek agreement on the terms and conditions under which the project will be acceptable to the community. -(2) The local agency shall require the proponent of the proposed hazardous waste facility project to pay a fee equal to the amount of any technical assistance grant provided the local assessment committee under paragraph (1). The funds received as a result of the imposition of the fee shall be used to make technical assistance grants exclusively for the purposes described in paragraph (1). -(3) The local agency shall deposit any fee imposed pursuant to paragraph (2) in an account created in the city or county treasury, maintain records of all expenditures from the account, and return any unused funds and accrued interest to the project proponent upon completion of the review of the proposed hazardous waste facility project. -(h) This section applies only to a specified hazardous waste facility project. -SEC. 8. -Section 25616 of the Public Resources Code is amended to read: -25616. -(a) It is the intent of the Legislature to encourage local agencies to expeditiously review permit applications to site energy projects, and to encourage energy project developers to consider all cost-effective and environmentally superior alternatives that achieve their project objectives. -(b) Subject to the availability of funds appropriated therefor, the commission shall provide technical assistance and grants-in-aid to assist local agencies to do either or both of the following: -(1) Site energy production or transmission projects which are not otherwise subject to the provisions of Chapter 6 (commencing with Section 25500). -(2) Integrate into their planning processes, and incorporate into their general plans, methods to achieve cost-effective energy efficiency. -(c) The commission shall provide assistance at the request of local agencies. -(d) As used in this section, an energy project is any project designed to produce, convert, or transmit energy as one of its primary functions.","Previously existing law established the Office of Permit Assistance within the Trade and Commerce Agency to, among other things, provide information to developers relating to the permit approval process. Under existing law, a state agency which is the lead agency for a development project is required to inform the applicant for a permit that the Office of Permit Assistance has been created for this purpose. -This bill would instead require a state agency that is a lead agency for a development project to inform the applicant for a permit that the Governor’s Office of Business and Economic Development has been created for this purpose. The bill would also delete various obsolete provisions relating to the Office of Permit Assistance. -Existing law establishes procedures for a land use decision by a local agency concerning a specified hazardous waste facility project, as defined. Existing law requires the Office of Permit Assistance to take specified actions with regard to land use decisions regarding a proposed hazardous waste facility project. -This bill would transfer these duties to the Department of Toxic Substances Control. -Existing law requires the Director of the Governor’s Office of Business and Economic Development to ensure that the office’s Internet Web site contains information to assist an individual with the licensing, permitting, and registration requirements necessary to start a business, including fee requirements and fee schedules of state agencies. -This bill would establish the Permit Assistance Program within the Governor’s Office of Business and Economic Development. The bill would require the program to, among other things, provide permitting and regulatory compliance assistance to businesses and provide mediation and 3rd-party neutral facilitation to resolve conflicts between applicants and permitting and regulatory entities. The bill would require the program to manage and regularly update the tools provided on the office’s Internet Web site. The bill would require the office to report annually on the activities and outcomes of the program.","An act to amend Sections 65460.5 and 65923.8 of, to amend and renumber Section 12019.5 of, to add Article 4.5 (commencing with Section 12097) to Chapter 1.6 of Part 2 of Division 3 of Title 2 to, and to repeal Section 66033 of, the Government Code, to amend Section 25199.7 of, and to repeal Section 25199.4 of, the Health and Safety Code, and to amend Section 25616 of the Public Resources Code, relating to state government." -1155,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 18150 of the Penal Code is amended to read: -18150. -(a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition. -(2) For purposes of this subdivision, “immediate family member” has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4. -(3) Nothing in this chapter shall be construed to require a person described in paragraph (1) to seek a gun violence restraining order. -(b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true: -(1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155. -(2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject of the petition. -(c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist. -(d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court. -SEC. 2. -Section 18170 of the Penal Code is amended to read: -18170. -(a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year. -(2) Nothing in this chapter shall be construed to require a person described in paragraph (1) to seek a gun violence restraining order. -(b) For purposes of this subdivision, “immediate family member” has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4. -SEC. 3. -Section 18190 of the Penal Code is amended to read: -18190. -(a) (1) An immediate family member of a restrained person, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order. -(2) For purposes of this subdivision, “immediate family member” has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4. -(3) Nothing in this chapter shall be construed to require a person described in paragraph (1) to seek a gun violence restraining order. -(b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true. -(c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155. -(d) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true. -(e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter. -(f) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of one year, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section. -(g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180.","Existing law authorizes a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law requires the ex parte order to expire no later than 21 days after the date on the order. Existing law also authorizes a court to issue a gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law authorizes renewal of a gun violence restraining order within 3 months of the order’s expiration. Petitions for ex parte, one-year, and renewed gun violence restraining orders may be made by an immediate family member of the person or by a law enforcement officer. -This bill would also authorize an employer, a coworker, a mental health worker who has seen the person as a patient in the last 6 months, or an employee of a secondary or postsecondary school that the person has attended in the last 6 months to file a petition for an ex parte, one-year, or renewed gun violence restraining order. This bill would also specify that these provisions shall not be construed to require any of those persons to seek a gun violence restraining order.","An act to amend Sections 18150, 18170, and 18190 of the Penal Code, relating to firearms." -1156,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) K–12 students are particularly vulnerable to solicitations for educational leadership conferences or forums that may appear to be selective awards or competitive honors, but are in fact sophisticated solicitations from for-profit companies. -(b) While such conferences and forums may have merit as learning experiences for students, it is nevertheless important to ensure that students, parents, and teachers are not misled by these solicitations. The State of California has previously enacted laws regulating educational travel organizations in order to protect students engaged in educational travel. -(c) Because it is of the utmost importance that the State of California take action to protect students from false or misleading advertising, promote high-quality educational travel experiences, encourage public confidence in leadership conferences, and assist organizations soliciting participation in these conferences in complying with safe and reputable practices, it is the intent of the Legislature to establish appropriate marketing restrictions and disclosure requirements on these solicitations. -(d) The Legislature recognizes the contributions that many nonprofit service organizations have made in the area of youth leadership training, such as the Boys and Girls State programs organized by the American Legion and the Rotary Youth Leadership Awards and Interact programs operated by the Rotary Club. These programs have demonstrated a strong commitment to youth education and civic awareness in diverse communities across the nation for decades, often at little or no cost to the participants. -SEC. 2. -Section 17531.3 is added to the Business and Professions Code, to read: -17531.3. -(a) For purposes of this section, the following terms have the following meanings: -(1) “Educational conference” means a conference, forum, camp, or other similar event, intended to develop the leadership, career, or college readiness of a student or provide some other form of educational benefit, when participation in the event is represented as being limited to students receiving an award, invitation, or nomination to participate in the event. -(2) “Educational conference organization” or “organization” means a person, partnership, corporation, or other entity that operates in a for-profit manner and that plans and advertises educational conferences to students residing in the State of California. -(3) “Student” means a person who is enrolled in elementary or secondary school, grade kindergarten through grade 12, at the time an educational conference is arranged with an educational conference organization. -(b) An educational conference organization that provides materials related to an educational conference directly to a school or any employee thereof for purposes of distribution to a student shall comply with all of the following: -(1) The organization shall provide the materials in a sealed envelope or other packaging addressed to the parent or legal guardian of the student. -(2) The organization shall include with the materials all of the following disclosures, in clear and conspicuous language: -(A) That the materials constitute a solicitation for the sale of a product. -(B) The legal form of the organization making the solicitation, including the for-profit status of the organization. -(C) The legal owner, if any, of the organization making the solicitation. -(D) The specific eligibility criteria required for participation in the solicited educational conference or conferences, if any. -(E) An itemized list of the costs to participate in the educational conference and the total price of participating in the educational conference, including estimated expenses not included in the price of the educational conference. -(F) That attendance at an educational conference may not affect a student’s chances of being admitted to college and that a parent or guardian should contact the student’s school counselor for more information. -(G) Whether or not a nomination from a teacher or school administrator is required to participate in the educational conference, or if an individual may be self-nominated or nominated by a parent or guardian. -(H) The total amount, if any, of funding or other support, including employment or grants for school supplies, the organization has provided to the student’s school or the school’s employees during the last three years before the date of the solicitation. -(I) A phone number, email address, or Internet Web site that a parent or guardian may use to contact a government agency within the relevant jurisdiction for purposes of filing a complaint related to the solicitation or the educational conference itself. -(3) The organization shall provide the disclosures described in paragraph (2) on separate documents addressed to the school and to any employee thereof who is asked to distribute materials to a student. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law prohibits various specified advertising practices, including, among others, the placement by an educational travel organization, as defined, or use of any misleading or untruthful advertising or statements or making of a substantial misrepresentation in conducting an educational travel program. Under existing law, the violation of any of these prohibitions is a misdemeanor. -This bill would require an educational conference organization, as defined, that provides materials related to an educational conference, as defined, directly to a school or school employee for purposes of distribution to a student to include specified disclosures with the materials, to provide those disclosures to the school and specified school employees, and to provide the materials in a sealed envelope or other packaging addressed to the parent or legal guardian of the student. As a violation of these provisions would be a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 17531.3 to the Business and Professions Code, relating to advertising." -1157,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 26909 of the Government Code is amended to read: -26909. -(a) (1) The county auditor shall either make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of every special district within the county for which an audit by a certified public accountant or public accountant is not otherwise provided. In each case, the minimum requirements of the audit shall be prescribed by the Controller and shall conform to generally accepted auditing standards. -(2) If an audit of a special district’s accounts and records is made by a certified public accountant or public accountant, the minimum requirements of the audit shall be prescribed by the Controller and shall conform to generally accepted auditing standards, and a report thereof shall be filed with the Controller and with the county auditor of the county in which the special district is located. The report shall be filed within 12 months of the end of the fiscal year or years under examination. -(3) Any costs incurred by the county auditor, including contracts with, or employment of, certified public accountants or public accountants, in making an audit of every special district pursuant to this section shall be borne by the special district and shall be a charge against any unencumbered funds of the district available for the purpose. -(4) For a special district that is located in two or more counties, this subdivision shall apply to the auditor of the county in which the treasury is located. -(5) The county controller, or ex officio county controller, shall effect this section in those counties having a county controller or ex officio county controller. -(b) A special district may, by unanimous request of the governing board of the special district and with unanimous approval of the board of supervisors, replace the annual audit required by this section with one of the following, performed in accordance with professional standards, as determined by the county auditor: -(1) A biennial audit covering a two-year period. -(2) An audit covering a five-year period if the special district’s annual revenues do not exceed an amount specified by the board of supervisors. -(3) An audit conducted at specific intervals, as recommended by the county auditor, that shall be completed at least once every five years. -(c) (1) A special district may, by unanimous request of the governing board of the special district and with unanimous approval of the board of supervisors, replace the annual audit required by this section with a financial review, or an agreed-upon procedures engagement, in accordance with the appropriate professional standards, as determined by the county auditor, if the following conditions are met: -(A) All of the special district’s revenues and expenditures are transacted through the county’s financial system. -(B) The special district’s annual revenues do not exceed one hundred fifty thousand dollars ($150,000). -(C) The special district shall pay for any costs incurred by the county auditor in performing an agreed-upon procedures engagement. Those costs shall be charged against any unencumbered funds of the district available for that purpose. -(2) If the board of supervisors is the governing board of the special district, it may, upon unanimous approval, replace the annual audit of the special district required by this section with a financial review, or an agreed-upon procedures engagement, in accordance with the appropriate professional standards, as determined by the county auditor, if the special district satisfies the requirements of subparagraphs (A) and (B) of paragraph (1). -(d) (1) A special district may, by annual unanimous request of the governing board of the special district and with annual unanimous approval of the board of supervisors, replace the annual audit required by this section with an annual financial compilation of the special district to be performed by the county auditor in accordance with professional standards, if all of the following conditions are met: -(A) All of the special district’s revenues and expenditures are transacted through the county’s financial system. -(B) The special district’s annual revenues do not exceed one hundred fifty thousand dollars ($150,000). -(C) The special district shall pay for any costs incurred by the county auditor in performing a financial compilation. Those costs shall be a charge against any unencumbered funds of the district available for that purpose. -(2) A special district shall not replace an annual audit required by this section with an annual financial compilation of the special district pursuant to paragraph (1) for more than five consecutive years, after which a special district shall comply with subdivision (a). -(e) Notwithstanding this section, a special district shall be exempt from the requirement of an annual audit if the financial statements are audited by the Controller to satisfy federal audit requirements. -(f) Upon receipt of the financial review, agreed-upon procedures engagement, or financial compilation, the county auditor shall have the right to appoint, pursuant to subdivision (a), a certified public accountant or a public accountant to conduct an audit of the special district, with proper notice to the governing board of the special district and board of supervisors. -(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. -SEC. 2. -Section 26909 is added to the Government Code, to read: -26909. -(a) (1) The county auditor shall either make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of every special district within the county for which an audit by a certified public accountant or public accountant is not otherwise provided. In each case, the minimum requirements of the audit shall be prescribed by the Controller and shall conform to generally accepted auditing standards. -(2) If an audit of a special district’s accounts and records is made by a certified public accountant or public accountant, the minimum requirements of the audit shall be prescribed by the Controller and shall conform to generally accepted auditing standards, and a report thereof shall be filed with the Controller and with the county auditor of the county in which the special district is located. The report shall be filed within 12 months of the end of the fiscal year or years under examination. -(3) Any costs incurred by the county auditor, including contracts with, or employment of, certified public accountants or public accountants, in making an audit of every special district pursuant to this section shall be borne by the special district and shall be a charge against any unencumbered funds of the district available for the purpose. -(4) For a special district that is located in two or more counties, this subdivision shall apply to the auditor of the county in which the treasury is located. -(5) The county controller, or ex officio county controller, shall effect this section in those counties having a county controller or ex officio county controller. -(b) A special district may, by unanimous request of the governing board of the special district and with unanimous approval of the board of supervisors, replace the annual audit required by this section with one of the following, performed in accordance with professional standards, as determined by the county auditor: -(1) A biennial audit covering a two-year period. -(2) An audit covering a five-year period if the special district’s annual revenues do not exceed an amount specified by the board of supervisors. -(3) An audit conducted at specific intervals, as recommended by the county auditor, that shall be completed at least once every five years. -(c) (1)   A special district may, by unanimous request of the governing board of the special district and with unanimous approval of the board of supervisors, replace the annual audit required by this section with a financial review, in accordance with the appropriate professional standards, as determined by the county auditor, if the following conditions are met: -(A) All of the special district’s revenues and expenditures are transacted through the county’s financial system. -(B) The special district’s annual revenues do not exceed one hundred fifty thousand dollars ($150,000). -(2) If the board of supervisors is the governing board of the special district, it may, upon unanimous approval, replace the annual audit of the special district required by this section with a financial review in accordance with the appropriate professional standards, as determined by the county auditor, if the special district satisfies the requirements of subparagraphs (A) and (B) of paragraph (1). -(d) Notwithstanding this section, a special district shall be exempt from the requirement of an annual audit if the financial statements are audited by the Controller to satisfy federal audit requirements. -(e) The section shall become operative on January 1, 2027.","Existing law requires the county auditor to either perform an audit, or contract with a certified public accountant or public accountant to perform an audit, of the accounts and records of every special district within the county, as specified. Existing law authorizes a special district, by unanimous request of its governing board and unanimous approval by the board of supervisors, to replace the annual audit with an audit over a longer period of time or with a financial review, as specified. -This bill would additionally authorize a special district, until January 1, 2027, by unanimous request of its governing board and with unanimous approval of the board of supervisors, to replace the annual audit for not more than 5 consecutive years with an annual financial compilation of the special district to be performed by the county auditor, or with an agreed-upon procedures engagement, in accordance with professional standards, if certain conditions are met.","An act to amend, repeal, and add Section 26909 of the Government Code, relating to local government." -1158,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 30013 is added to the Public Resources Code, to read: -30013. -The Legislature further finds and declares that in order to advance the principles of environmental justice and equality, subdivision (a) of Section 11135 of the Government Code and subdivision (e) of Section 65040.12 of the Government Code apply to the commission and all public agencies implementing the provisions of this division. As required by Section 11135 of the Government Code, no person in the State of California, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, shall be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination, under any program or activity that is conducted, operated, or administered pursuant to this division, is funded directly by the state for purposes of this division, or receives any financial assistance from the state pursuant to this division. -SEC. 2. -Section 30107.3 is added to the Public Resources Code, to read: -30107.3. -“Environmental justice” means the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. -SEC. 3. -Section 30301 of the Public Resources Code is amended to read: -30301. -The commission shall consist of the following 15 members: -(a) The Secretary of the Natural Resources Agency. -(b) The Secretary of Transportation. -(c) The Chairperson of the State Lands Commission. -(d) Six representatives of the public from the state at large. The Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint two of these members. -(e) Six representatives selected from six coastal regions. The Governor shall select one member from the north coast region and one member from the south central coast region. The Speaker of the Assembly shall select one member from the central coast region and one member from the San Diego coast region. The Senate Committee on Rules shall select one member from the north central coast region and one member from the south coast region. For purposes of this division, these regions are defined as follows: -(1) The north coast region consists of the Counties of Del Norte, Humboldt, and Mendocino. -(2) The north central coast region consists of the Counties of Sonoma and Marin and the City and County of San Francisco. -(3) The central coast region consists of the Counties of San Mateo, Santa Cruz, and Monterey. -(4) The south central coast region consists of the Counties of San Luis Obispo, Santa Barbara, and Ventura. -(5) The south coast region consists of the Counties of Los Angeles and Orange. -(6) The San Diego coast region consists of the County of San Diego. -(f) Of the representatives appointed by the Governor pursuant to subdivision (d) or (e), one of the representatives shall reside in, and work directly with, communities in the state that are disproportionately burdened by, and vulnerable to, high levels of pollution and issues of environmental justice, including, but not limited to, communities with diverse racial and ethnic populations and communities with low-income populations. The Governor shall appoint a representative qualified pursuant to this subdivision to a vacant position from the appointments available pursuant to either subdivision (d) or (e) no later than the fourth appointment available after January 1, 2017. -SEC. 4. -Section 30604 of the Public Resources Code is amended to read: -30604. -(a) Prior to certification of the local coastal program, a coastal development permit shall be issued if the issuing agency, or the commission on appeal, finds that the proposed development is in conformity with Chapter 3 (commencing with Section 30200) and that the permitted development will not prejudice the ability of the local government to prepare a local coastal program that is in conformity with Chapter 3 (commencing with Section 30200). A denial of a coastal development permit on grounds it would prejudice the ability of the local government to prepare a local coastal program that is in conformity with Chapter 3 (commencing with Section 30200) shall be accompanied by a specific finding that sets forth the basis for that conclusion. -(b) After certification of the local coastal program, a coastal development permit shall be issued if the issuing agency, or the commission on appeal, finds that the proposed development is in conformity with the certified local coastal program. -(c) Every coastal development permit issued for any development between the nearest public road and the sea or the shoreline of any body of water located within the coastal zone shall include a specific finding that the development is in conformity with the public access and public recreation policies of Chapter 3 (commencing with Section 30200). -(d) No development or any portion thereof that is outside the coastal zone shall be subject to the coastal development permit requirements of this division, nor shall anything in this division authorize the denial of a coastal development permit by the commission on the grounds the proposed development within the coastal zone will have an adverse environmental effect outside the coastal zone. -(e) No coastal development permit may be denied under this division on the grounds that a public agency is planning or contemplating to acquire the property, or property adjacent to the property, on which the proposed development is to be located, unless the public agency has been specifically authorized to acquire the property and there are funds available, or funds that could reasonably be expected to be made available within one year, for the acquisition. If a permit has been denied for that reason and the property has not been acquired by a public agency within a reasonable period of time, a permit may not be denied for the development on grounds that the property, or adjacent property, is to be acquired by a public agency when the application for such a development is resubmitted. -(f) The commission shall encourage housing opportunities for persons of low and moderate income. In reviewing residential development applications for low- and moderate-income housing, as defined in paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code, the issuing agency, or the commission on appeal, may not require measures that reduce residential densities below the density sought by an applicant if the density sought is within the permitted density or range of density established by local zoning plus the additional density permitted under Section 65915 of the Government Code, unless the issuing agency or the commission on appeal makes a finding, based on substantial evidence in the record, that the density sought by the applicant cannot feasibly be accommodated on the site in a manner that is in conformity with Chapter 3 (commencing with Section 30200) or the certified local coastal program. -(g) The Legislature finds and declares that it is important for the commission to encourage the protection of existing and the provision of new affordable housing opportunities for persons of low and moderate income in the coastal zone. -(h) When acting on a coastal development permit, the issuing agency, or the commission on appeal, may consider environmental justice, or the equitable distribution of environmental benefits throughout the state.","Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the membership and functions and duties of the commission. Existing law provides that the commission consists of 15 members. -This bill would require one of the members of the commission appointed by the Governor to reside in, and work directly with, communities in the state that are disproportionately burdened by, and vulnerable to, high levels of pollution and issues of environmental justice, as defined. The bill would require that the Governor appoint a member who meets these qualifications to a vacant position from the appointments available no later than the fourth appointment available after January 1, 2017. -Existing law requires any person, as defined, wishing to perform or undertake any development, as defined, in the coastal zone to obtain a permit, except as provided. Existing law prescribes a process for the certification of local coastal programs in the state and requires, after certification of the local coastal program, a coastal development permit to be issued if the issuing agency, or the commission on appeal, finds that the proposed development is in conformity with the certified local coastal program. -This bill would authorize the issuing agency, or the commission on appeal, to consider environmental justice, as defined, or the equitable distribution of environmental benefits in communities throughout the state, when acting on a coastal development permit.","An act to amend Sections 30301 and 30604 of, and to add Sections 30013 and 30107.3 to, the Public Resources Code, relating to coastal resources." -1159,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 3.8 (commencing with Section 390) is added to Division 1 of the Water Code, to read: -CHAPTER 3.8. Cost-Effective Water Conservation Measures -390. -It is the intent of the Legislature to promote water-resilient communities by having the state identify the relative cost-effectiveness of water efficiency measures and recommend those that have the potential to cost-effectively achieve the greatest reduction in water use, taking into consideration local conditions, and to produce net environmental benefits that outweigh any adverse environmental impacts. -391. -As used in this chapter: -(a) “Adverse environmental impacts” include, but are not limited to, impacts on climate change, net effects on carbon sequestration, increased erosion, and impacts to stormwater runoff. -(b) “Evapotranspiration” means a loss of water from the soil, including losses resulting from evaporation and losses resulting from transpiration from the plants growing on the soil. -(c) “Highly efficient consumer appliances and landscape systems” include, but are not limited to, irrigation systems, toilets, showers, pool covers, and clothes washers. -(d) “Public entity” has the same meaning as defined in Section 375. -(e) “Turfgrass” means any living grass that is used in fields or yards at a residential or commercial property, private park, athletic field, or public school. -392. -By December 1, 2017, the department, in consultation with persons that include, but are not limited to, subject matter experts at the University of California, the California State University, the board, the State Energy Resources Conservation and Development Commission, and local water districts, shall develop and solicit comments on a proposed report that contains all of the following: -(a) An analysis of the relative costs and benefits of incentives for various water efficiency measures, including the consideration of the impact of evapotranspiration rates in different hydrological regions of the state. The water efficiency measures considered shall include, but not be limited to, the following: -(1) Turfgrass removal and replacement with either drought-resistant turfgrass or artificial turf. -(2) Turfgrass removal and replacement with native or drought-tolerant plants. -(3) Non-native or high water using plant removal and replacement with native or drought-tolerant plants, drought-resistant turfgrass, or artificial turf. -(4) The use of conservation-based irrigation technology such as smart controllers. -(5) Investments in graywater infrastructure to supply water to outdoor landscapes. -(6) Rebates for highly efficient consumer appliances and landscape systems. -(b) An analysis of adverse environmental impacts that would result from the water efficiency measures considered pursuant to subdivision (a). -(c) The projected benefits of recommended voluntary water efficiency measures. -393. -By July 1, 2018, the department shall issue a final report that contains both of the following: -(a) All material developed pursuant to Section 392, updated as appropriate to further the intent of this chapter. -(b) Recommendations to public entities to help them achieve water-resilient communities and prioritize cost-effective water efficiency measures with low adverse environmental impacts based on local conditions, such as education, granting incentives or rebates, or other voluntary measures. -SECTION 1. -Chapter 7.8 (commencing with Section 25685) is added to Division 15 of the -Public Resources Code -, to read: -7.8. -Cost-Effective Water Efficiency Measures -25685. -It is the intent of the Legislature that the state identify and recommend the most cost-effective water efficiency measures that achieve the greatest reduction in water use and produce net environmental benefits that outweigh any unintended adverse environmental impacts. -25686. -As used in this chapter: -(a)“Evapotranspiration” means a loss of water from the soil, including losses resulting from evaporation and losses resulting from transpiration from the plants growing on the soil. -(b)“Highly efficient consumer appliances and landscape systems” include, but are not limited to, irrigation systems, toilets, showers, pool covers, and clothes washers. -(c)“Public entity” has the same meaning as defined in Section 375 of the Water Code. -(d)“Turfgrass” means any living grass that is used in fields or yards at a residential or commercial property, private park, athletic field, or public school. -(e)“Unintended adverse environmental impacts” include, but are not limited to, impacts on climate change, net effect on carbon sequestration, increased erosion, and impacts to stormwater runoff. -25687. -By December 1, 2017, the commission, in consultation with persons that include, but are not limited to, subject matter experts at the University of California, the California State University, and local water districts, and in cooperation with the State Water Resources Control Board and the Department of Water Resources, shall develop and solicit comments on a proposed report that contains all of the following: -(a)An analysis of the relative costs and benefits of incentives for various water efficiency measures, including the consideration of the impact of evapotranspiration rates in different hydrological regions of the state. The water efficiency measures considered shall include, but not be limited to, the following: -(1)Turfgrass removal and replacement with either drought-resistant turfgrass or artificial turf. -(2)Turfgrass removal and replacement with native or drought-tolerant plants. -(3)The use of conservation-based irrigation technology such as smart controllers. -(4)Investments in graywater infrastructure to supply water to outdoor landscapes. -(5)Rebates for highly efficient consumer appliances and landscape systems. -(b)An analysis of any unintended adverse environmental impacts that would result from the water efficiency measures considered pursuant to subdivision (a). -(c)The projected benefits of recommended voluntary water efficiency measures. -25688. -By July 1, 2018, the commission shall issue a final report that contains all of the following: -(a)An identification of the most cost-effective incentives for water efficiency measures in terms of water use reduction per dollar spent. -(b)Recommendations to public entities to help them prioritize the most cost-effective solutions for granting incentives or rebates for water efficiency measures. -(c)An analysis of any unintended adverse environmental impacts that would result from the water efficiency measures considered pursuant to subdivision (a). -(d)The projected benefits of recommended voluntary water efficiency measures.","The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented. -Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission), on a biennial basis, to conduct assessments and forecasts of all aspects of energy industry supply, production, transportation, delivery, and distribution. Existing law requires the Energy Commission, beginning November 1, 2003, and biennially thereafter, to adopt an integrated energy policy report containing an overview of major energy trends and issues facing the state. -This bill would require the -Energy Commission -Department of Water Resources -to develop and solicit comments on a proposed report, in consultation with -certain -subject matter -experts and in cooperation with -experts at the University of California, the California State University, -the State Water Resources Control -Board and the Department of Water Resources, -Board, the State Energy Resources Conservation and Development Commission, and local water districts, -by December 1, 2017, and, by July 1, 2018, to issue a final report that contains, among other things, -the projected benefits of recommended voluntary water efficiency measures and an analysis of any unintended adverse environmental impacts that would result from various water efficiency measures. -recommendations to public entities to help them achieve water-resilient communities and prioritize cost-effective water efficiency measures with low adverse environmental impacts based on local conditions.","An act to add Chapter -7.8 (commencing with Section 25685) to Division 15 of the Public Resources -3.8 (commencing with Section 390) to Division 1 of the Water -Code, relating to water." -1160,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 53328.1 of the Government Code is amended to read: -53328.1. -(a) As an alternate and independent procedure for forming a community facilities district, the legislative body may form a community facilities district that initially consists solely of territory proposed for annexation to the community facilities district in the future, with the condition that a parcel or parcels within that territory may be annexed to the community facilities district and subjected to the special tax only with the unanimous approval of the owner or owners of the parcel or parcels at the time that the parcel or parcels are annexed. In that case, the legislative body shall follow the procedures set forth in this article for the formation of a community facilities district, with the following exceptions: -(1) The legislative body shall not be obligated to specify the rate or rates of special tax in the resolution of intention or the resolution of formation, provided that both of the following are met: -(A) The resolution of intention and the resolution of formation include a statement that the rate shall be established in an amount required to finance or refinance the authorized improvements and to pay the district’s administrative expenses. -(B) The maximum rate of special tax applicable to a parcel or parcels shall be specified in the unanimous approval described in this section relating to the parcel or parcels. -(2) The legislative body shall not be obligated to specify in the resolution of intention the conditions under which the obligation to pay the specified special tax may be prepaid and permanently satisfied. Instead, a prepayment provision may be included in the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed to the community facilities district. -(3) In lieu of approval pursuant to an election held in accordance with the procedures set forth in Sections 53326, 53327, 53327.5, and 53328, the appropriations limit for the community facilities district, the applicable rate of the special tax and the method of apportionment and manner of collection of that tax, and the authorization to incur bonded indebtedness for the community facilities district shall be specified and be approved by the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed to the community facilities district. No additional hearings or procedures are required, and the unanimous approval shall be deemed to constitute a unanimous vote in favor of the appropriations limit for the community facilities district, the authorization to levy the special tax on the parcel or parcels, and the authorization to incur bonded indebtedness for the community facilities district. -(4) Notwithstanding Section 53324, this paragraph establishes the applicable protest provisions in the event a local agency forms a community facilities district pursuant to the procedures set forth in this section. If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be annexed to the community facilities district in the future, or if the owners of one-half or more of the area of land proposed to be annexed in the future and not exempt from the special tax, file written protests against establishment of the community facilities district, and protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings to form the community facilities district shall be undertaken for a period of one year from the date of decision of the legislative body on the issues discussed at the hearing. If the majority protests of the registered voters or of the landowners are only against the furnishing of a specified type or types of facilities or services within the district, or against levying a specified special tax, those types of facilities or services or the specified special tax shall be eliminated from the resolution of formation. -(5) The legislative body shall not record a notice of special tax lien against any parcel or parcels in the community facilities district until the owner or owners of the parcel or parcels have given their unanimous approval of the parcel’s or parcels’ annexation to the community facilities district, at which time the notice of special tax lien shall be recorded against the parcel or parcels as set forth in Section 53328.3. -(b) Notwithstanding the provisions of Section 53340, after adoption of the resolution of formation for a community facilities district described in subdivision (a), the legislative body may, by ordinance, provide for the levy of the special taxes on parcels that will annex to the community facilities district at the rate or rates to be approved unanimously by the owner or owners of each parcel or parcels to be annexed to the community facilities district and for apportionment and collection of the special taxes in the manner specified in the resolution of formation. No further ordinance shall be required even though no parcels may then have annexed to the community facilities district. -(c) The local agency may bring an action to determine the validity of any special taxes levied pursuant to this chapter and authorized pursuant to the procedures set forth in this section pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. Notwithstanding Section 53359, if an action is brought by an interested person pursuant to Section 863 of the Code of Civil Procedure to determine the validity of any special taxes levied against a parcel pursuant to this chapter and authorized pursuant to the procedures set forth in this section, the action shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure, but shall, notwithstanding the time limits specified in Section 860 of the Code of Civil Procedure, be commenced within 15 days after the date on which the notice of special tax lien is recorded against the parcel. Any appeal from a judgment in any action or proceeding described in this subdivision shall be commenced within 30 days after entry of judgment. -(d) A community facilities district formed pursuant to this section may only finance facilities pursuant to subdivision (i) or (l) of Section 53313.5. -(e) In connection with formation of a community facilities district and annexation of a parcel or parcels to the community facilities district pursuant to this section, and the conduct of an election on the proposition to authorize bonded indebtedness pursuant to the alternate procedures set forth in Section 53355.5, the local agency may, without additional hearings or procedures, designate a parcel or parcels as an improvement area within the community facilities district. After the designation of a parcel or parcels as an improvement area, all proceedings for approval of the appropriations limit, the rate and method of apportionment and manner of collection of special tax and the authorization to incur bonded indebtedness for the parcel or parcels shall apply only to the improvement area. -(f) In connection with a community facilities district formed under this section, as an alternate and independent procedure for making the changes described in Section 53330.7, the changes may be made with the unanimous approval of the owner or owners of the parcel or parcels that will be affected by the change and with the written consent of the local agency. No additional hearings or procedures are required, and the unanimous approval shall be deemed to constitute a unanimous vote in favor of the proposed changes. If the proceeds of a special tax are being used to retire any debt incurred pursuant to this chapter and the unanimous approval relates to the reduction of the special tax rate, the unanimous approval shall recite that the reduction or termination of the special tax will not interfere with the timely retirement of that debt. -SEC. 1.5. -Section 53328.1 of the Government Code is amended to read: -53328.1. -(a) As an alternate and independent procedure for forming a community facilities district, the legislative body may form a community facilities district that initially consists solely of territory proposed for annexation to the community facilities district in the future, with the condition that a parcel or parcels within that territory may be annexed to the community facilities district and subjected to the special tax only with the unanimous approval of the owner or owners of the parcel or parcels at the time that the parcel or parcels are annexed. In that case, the legislative body shall follow the procedures set forth in this article for the formation of a community facilities district, with the following exceptions: -(1) The legislative body shall not be obligated to specify the rate or rates of special tax in the resolution of intention or the resolution of formation, provided that both of the following are met: -(A) The resolution of intention and the resolution of formation include a statement that the rate shall be established in an amount required to finance or refinance the authorized improvements and to pay the district’s administrative expenses. -(B) The maximum rate of special tax applicable to a parcel or parcels shall be specified in the unanimous approval described in this section relating to the parcel or parcels. -(2) The legislative body shall not be obligated to specify in the resolution of intention the conditions under which the obligation to pay the specified special tax may be prepaid and permanently satisfied. Instead, a prepayment provision may be included in the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed to the community facilities district. -(3) In lieu of approval pursuant to an election held in accordance with the procedures set forth in Sections 53326, 53327, 53327.5, and 53328, the appropriations limit for the community facilities district, the applicable rate of the special tax and the method of apportionment and manner of collection of that tax, and the authorization to incur bonded indebtedness for the community facilities district shall be specified and be approved by the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed to the community facilities district. No additional hearings or procedures are required, and the unanimous approval shall be deemed to constitute a unanimous vote in favor of the appropriations limit for the community facilities district, the authorization to levy the special tax on the parcel or parcels, and the authorization to incur bonded indebtedness for the community facilities district. -(4) Notwithstanding Section 53324, this paragraph establishes the applicable protest provisions in the event a local agency forms a community facilities district pursuant to the procedures set forth in this section. If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be annexed to the community facilities district in the future, or if the owners of one-half or more of the area of land proposed to be annexed in the future and not exempt from the special tax, file written protests against establishment of the community facilities district, and protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings to form the community facilities district shall be undertaken for a period of one year from the date of decision of the legislative body on the issues discussed at the hearing. If the majority protests of the registered voters or of the landowners are only against the furnishing of a specified type or types of facilities or services within the district, or against levying a specified special tax, those types of facilities or services or the specified special tax shall be eliminated from the resolution of formation. -(5) The legislative body shall not record a notice of special tax lien against any parcel or parcels in the community facilities district until the owner or owners of the parcel or parcels have given their unanimous approval of the parcel’s or parcels’ annexation to the community facilities district, at which time the notice of special tax lien shall be recorded against the parcel or parcels as set forth in Section 53328.3. -(b) Notwithstanding the provisions of Section 53340, after adoption of the resolution of formation for a community facilities district described in subdivision (a), the legislative body may, by ordinance, provide for the levy of the special taxes on parcels that will annex to the community facilities district at the rate or rates to be approved unanimously by the owner or owners of each parcel or parcels to be annexed to the community facilities district and for apportionment and collection of the special taxes in the manner specified in the resolution of formation. No further ordinance shall be required even though no parcels may then have annexed to the community facilities district. -(c) The local agency may bring an action to determine the validity of any special taxes levied pursuant to this chapter and authorized pursuant to the procedures set forth in this section pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. Notwithstanding Section 53359, if an action is brought by an interested person pursuant to Section 863 of the Code of Civil Procedure to determine the validity of any special taxes levied against a parcel pursuant to this chapter and authorized pursuant to the procedures set forth in this section, the action shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure, but shall, notwithstanding the time limits specified in Section 860 of the Code of Civil Procedure, be commenced within 15 days after the date on which the notice of special tax lien is recorded against the parcel. Any appeal from a judgment in any action or proceeding described in this subdivision shall be commenced within 30 days after entry of judgment. -(d) A community facilities district formed pursuant to this section may only finance facilities pursuant to subdivision (i) or (l) of Section 53313.5. -(e) (1) The legislative body shall comply with the requirements specified in Sections 5898.16 and 5898.17 of the Streets and Highways Code prior to the annexation of a parcel or parcels to a community facilities district formed pursuant to this section. -(2) A parcel or parcels shall not be annexed to a community facilities district formed pursuant to this section if the parcel owner or owners are seeking financing for improvement on a residential property with four or fewer units, unless the parcel complies with the conditions specified in paragraphs (1) to (5), inclusive, and paragraph (8), and, in addition, for properties with energy efficiency improvements specified under subdivision (l) of Section 53313.5, paragraph (7), of subdivision (a) of Section 26063 of the Public Resources Code. -(f) In connection with formation of a community facilities district and annexation of a parcel or parcels to the community facilities district pursuant to this section, and the conduct of an election on the proposition to authorize bonded indebtedness pursuant to the alternate procedures set forth in Section 53355.5, the local agency may, without additional hearings or procedures, designate a parcel or parcels as an improvement area within the community facilities district. After the designation of a parcel or parcels as an improvement area, all proceedings for approval of the appropriations limit, the rate and method of apportionment and manner of collection of special tax and the authorization to incur bonded indebtedness for the parcel or parcels shall apply only to the improvement area. -(g) In connection with a community facilities district formed under this section, as an alternate and independent procedure for making the changes described in Section 53330.7, the changes may be made with the unanimous approval of the owner or owners of the parcel or parcels that will be affected by the change and with the written consent of the local agency. No additional hearings or procedures are required, and the unanimous approval shall be deemed to constitute a unanimous vote in favor of the proposed changes. If the proceeds of a special tax are being used to retire any debt incurred pursuant to this chapter and the unanimous approval relates to the reduction of the special tax rate, the unanimous approval shall recite that the reduction or termination of the special tax will not interfere with the timely retirement of that debt. -SEC. 2. -Section 1.5 of this bill incorporates amendments to Section 53328.1 of the Government Code proposed by both this bill and Assembly Bill 2693. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 53328.1 of the Government Code, and (3) this bill is enacted after Assembly Bill 2693, in which case Section 1 of this bill shall not become operative.","The Mello-Roos Community Facilities Act of 1982 specifies the requirements for the establishment of a community facilities district, including, among other things, a petition, a hearing, the establishment of the boundaries of the community facilities district, and an election on the question. Existing law authorizes a community facilities district formed pursuant to an alternative procedure under which the district initially consists solely of territory proposed for annexation to the community facilities district in the future and territory is annexed and subjected to special taxes only upon unanimous approval of the owners, to finance and refinance the acquisition, installation, and improvement of energy efficiency, water conservation, and renewable energy improvements. -This bill would authorize a community facilities district that is formed pursuant to the alternative procedure to additionally finance seismic retrofitting, as specified. -This bill would incorporate changes to Section 53328.1 of the Government Code proposed by both this bill and AB 2693, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Section 53328.1 of the Government Code, relating to local government." -1161,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) The relationship between law enforcement and the communities they are sworn to protect must be grounded in trust in order to ensure safety and protection for all. -(b) Despite the ongoing challenges to fostering strong relationships of trust between law enforcement and communities, the practice of principled policing, specifically procedural justice and implicit bias, is one strategy shown to improve police-community relationships. -(c) It is in the interest of California’s communities and the thousands of men and women who are sworn to serve and protect the public that the State of California support evidence-based strategies to improve the relationship of trust between law enforcement and communities. -(d) Understanding and implementing the practice of principled policing, specifically procedural justice and implicit bias, offers an opportunity for law enforcement and communities to collaboratively build trust and improve safety for all. -SECTION 1. -SEC. 2. -Section 13519.45 is added to the Penal Code, to read: -13519.45. -(a) (1) The commission shall develop and disseminate -guidelines and -training on principled policing, specifically procedural justice and implicit bias, for all peace officers described in subdivision (a) of Section 13510. -(2) “Procedural justice” means -the procedures used by police officers where citizens are treated fairly and with proper respect as human beings. -an approach to policing based on giving people the opportunity to tell their side of the story, remaining neutral in decisionmaking and behavior, treating people with respect, and explaining actions in a way that communicates caring for people’s concerns so as to demonstrate trustworthiness. -(3) “Implicit bias” means thoughts or feelings about -people of which one is unaware and can influence one’s own and others’ actions. -social groups that can influence people’s perceptions, decisions, and actions without awareness. -(4) The course or courses of instruction -and the guidelines -shall stress procedural justice as a strategy for improving the relationship of trust between law enforcement and communities and how implicit bias can be a barrier to procedural justice. -(b) The course of -basic -training for peace officers shall include adequate instruction on procedural justice and implicit bias in order to foster mutual respect and cooperation between law enforcement and communities. The curriculum shall be evidence-based and shall be developed in consultation with appropriate groups and individuals who have expertise in procedural justice or implicit bias, including, but not limited to, law enforcement agencies that have demonstrated experience in procedural justice or implicit bias training, university professors who specialize in addressing and reducing racial and identity bias towards individuals and groups, and community organizations or members who specialize in civil or human rights and criminal justice. The course of instruction shall include, but not be limited to, consideration of each of the following subjects: -(1) Procedural justice as a strategy for improving the relationship of trust between law enforcement agencies and the communities they are sworn to serve. -(2) Implicit bias as a barrier to procedural justice. -(3) Historical and generational effects of policing. -(4) Interactive nature of policing goals, procedural justice, and implicit bias. -(c) The commission shall also -develop and disseminate guidelines and training -certify and make training available -to train peace officers to be able to effectively teach the course of -basic -training on principled policing. The training course shall be structured so that experts on procedural justice and implicit bias train -small groups from -law enforcement agencies to be able to effectively teach the concepts, principles, and research behind procedural justice and implicit bias to colleagues within their departments. Participating law enforcement agencies -shall -are encouraged to -send at least one police executive -or manager -and one training officer to the training course. Law enforcement agencies are encouraged to attend the training course with at least one community member. Upon completion of the training course, peace officers from participating law enforcement agencies shall be -certified -qualified -by the commission to conduct the course -of basic training -on principled policing for colleagues in their respective agencies. -(d) The commission shall offer the course -of basic training -on principled policing and the training -course -on a -semiannual -quarterly -basis in regional training centers across the state commencing in June 2017. -(e) No later than June 1, 2018, the commission shall evaluate its current course of basic training and promulgate a plan to incorporate the concepts of principled policing, as set forth in this section, into its course of basic training and shall require each peace officer described in subdivision (a) of Section 13510 to complete a refresher course no less frequent than every five years. -SEC. 2. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the Commission on Peace Officer Standards and Training and requires it to develop and disseminate guidelines and training for law enforcement officers, as described. -This bill would require the commission to develop and disseminate -guidelines and -training for peace officers on principled policing, which would include the subjects of procedural justice and implicit bias, as defined. The bill would require this training -as part of the basic training course for -for specified -peace officers. The bill would also require the commission to -develop and disseminate guidelines and training -certify and make training available -to train peace officers to teach the course of -basic -training on principled policing to other officers in their agencies. The bill would require the commission to offer the -basic -principled policing course and the training course -semiannually -quarterly -commencing in June 2017. -The bill would require the commission, no later than June 1, 2018, to evaluate its current course of basic training and promulgate a plan to incorporate the concepts of principled policing into its course of basic training and would require each peace officer to complete a refresher course no less than every 5 years. -By requiring additional -basic -training for peace officers, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to add Section 13519.45 to the Penal Code, relating to peace officer standards and training." -1162,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Official court reporters and court reporters pro tempore employed by the courts are currently paid under a dual compensation structure in which the base salary of the court reporter is supplemented by income from preparing required transcripts and providing other required transcription services. -(b) The dual compensation structure protects the state from bearing the full cost of transcript preparation and other transcription services and avoids the resulting consequences of overtime liability related to these services. -(c) The fees for original transcripts prepared by official court reporters and court reporters pro tempore have not been adjusted in 26 years, and fees for copies purchased at the same time as the original transcript have only increased once in 103 years. -(d) In order to ensure full and fair compensation of official court reporters and court reporters pro tempore employed by the court, and in order to attract and retain official court reporters and court reporters pro tempore employed by the courts that have sufficient skills and competence to serve the needs of the justice system, it is imperative that the system of dual compensation provide sufficient payment for transcription services. -(e) Therefore, it is necessary to revise the fees for transcripts prepared by official court reporters and court reporters pro tempore. -SEC. 2. -Section 69950 of the Government Code is amended to read: -69950. -(a) From January 1, 2017, to December 31, 2018, inclusive, the fee for transcription for the original printed copy is ninety-three cents ($0.93) for each 100 words, and for each copy purchased at the same time by the court, party, or other person purchasing the original, sixteen cents ($0.16) for each 100 words. -(b) From January 1, 2017, to December 31, 2018, inclusive, the fee for a first copy to any court, party, or other person who does not simultaneously purchase the original shall be twenty-one cents ($0.21) for each 100 words, and for each additional copy, purchased at the same time, sixteen cents ($0.16) for each 100 words. -(c) Notwithstanding subdivisions (a) and (b), if a trial court had established transcription fees that were in effect on January 1, 2012, based on an estimate or assumption as to the number of words or folios on a typical transcript page, those transcription fees shall be the transcription fees for proceedings in those trial courts, and the policy or practice for determining transcription fees in those trial courts shall not be unilaterally changed. -(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. -SEC. 3. -Section 69950 is added to the Government Code, to read: -69950. -(a) From January 1, 2019, to December 31, 2020, inclusive, the fee for transcription for the original printed copy is one dollar and three cents ($1.03) for each 100 words, and for each copy purchased at the same time by the court, party, or other person purchasing the original, eighteen cents ($0.18) for each 100 words. -(b) From January 1, 2019, to December 31, 2020, inclusive, the fee for a first copy to any court, party, or other person who does not simultaneously purchase the original shall be twenty-three cents ($0.23) for each 100 words, and for each additional copy, purchased at the same time, eighteen cents ($0.18) for each 100 words. -(c) Notwithstanding subdivisions (a) and (b), if a trial court had established transcription fees that were in effect on January 1, 2012, based on an estimate or assumption as to the number of words or folios on a typical transcript page, those transcription fees shall be the transcription fees for proceedings in those trial courts, and the policy or practice for determining transcription fees in those trial courts shall not be unilaterally changed. -(d) This section shall become operative on January 1, 2019. -(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 4. -Section 69950 is added to the Government Code, to read: -69950. -(a) On and after January 1, 2021, the fee for transcription for the original printed copy is one dollar thirteen cents ($1.13) for each 100 words, and for each copy purchased at the same time by the court, party, or other person purchasing the original, twenty cents ($0.20) for each 100 words. -(b) On and after January 1, 2021, the fee for a first copy to any court, party, or other person who does not simultaneously purchase the original shall be twenty-six cents ($0.26) for each 100 words, and for each additional copy, purchased at the same time, twenty cents ($0.20) for each 100 words. -(c) Notwithstanding subdivisions (a) and (b), if a trial court had established transcription fees that were in effect on January 1, 2012, based on an estimate or assumption as to the number of words or folios on a typical transcript page, those transcription fees shall be the transcription fees for proceedings in those trial courts, and the policy or practice for determining transcription fees in those trial courts shall not be unilaterally changed. -(d) This section shall become operative on January 1, 2021. -SEC. 5. -Section 69950.5 is added to the Government Code, to read: -69950.5. -(a) On or before January 1, 2021, the Judicial Council shall report to the Legislature recommendations to increase uniformity in transcript rate expenditures in California. The intent of the report shall be to not reduce the rate of pay or overall compensation to reporters or jeopardize collective bargaining agreements. The Judicial Council shall work in collaboration with key stakeholder groups, including the California Court Reporters Association, the Court Reporters Board of California, and relevant labor unions. -(b) The report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795. -(c) This section shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2025, deletes or extends that date. -SEC. 6. -Section 69951 of the Government Code is amended to read: -69951. -The fee for transcription is an additional 50 percent for special daily copy service.","Existing law provides that, except as specified, the fee for original transcripts prepared by an official court reporter or by a court reporter pro tempore is $0.85 for each 100 words, and for each copy purchased at the same time, $0.15 for each 100 words. Existing law provides that, except as specified, the fee for a first copy of a transcript by a person who does not simultaneously purchase the original transcript is $0.20 for each 100 words, and for each additional copy purchased at the same time, $0.15 for each 100 words. Existing law authorizes a court reporter, in civil cases, to charge an additional 50% for special daily copy service. -This bill would increase the fee charged for original transcripts and copies purchased at the same time, and copies purchased thereafter without the original transcript, incrementally commencing January 1, 2017, except as specified. The bill would also provide that the fee for transcription is an additional 50% for special daily copy service. The bill would require the Judicial Council to report to the Legislature by January 1, 2021, with regard to transcript fees, as specified.","An act to amend Section 69951 of, to amend, repeal, and add Section 69950 of, and to add and repeal Section 69950.5 of, the Government Code, relating to court reporters." -1163,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature that the state’s processes for identifying and planning for electrical transmission projects take into account the May 2016 Solar Convening Report, titled “A Path Forward: Identifying Least-Conflict Solar PV Development in California’s San Joaquin Valley, ” and the principles of transmission corridor planning developed by the State Energy Resources Conservation and Development Commission in response to Senate Bill 2431 (Chapter 1457 of the Statutes of 1988), known as the Garamendi Principles. -SEC. 2. -Section 399.23 is added to the Public Utilities Code, to read: -399.23. -(a) The Independent System Operator, when undertaking transmission planning activities, shall take into account the May 2016 Solar Convening Report, titled “A Path Forward: Identifying Least-Conflict Solar PV Development in California’s San Joaquin Valley,” and the principles of transmission corridor planning developed by the Energy Commission in response to Senate Bill 2431 (Chapter 1457 of the Statutes of 1988), known as the Garamendi Principles. -(b) The Energy Commission, the commission, and the Independent System Operator, when undertaking activities as part of the Renewable Energy Transmission Initiative, shall take into account the May 2016 Solar Convening Report and the Garamendi Principles. -SECTION 1. -This act shall be known, and may be cited, as the San Joaquin Valley Clean Energy and Jobs Act. -SEC. 2. -The Legislature finds and declares all of the following: -(a)The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) established a policy to reduce emissions of greenhouse gases to 1990 levels by 2020 and to continue reductions of emissions of greenhouse gases beyond 2020. -(b)The Clean Energy and Pollution Reduction Act of 2015 (Chapter 547 of the Statutes of 2015) established further clean energy policies to reduce emissions of greenhouse gases and expand generation from eligible renewable energy resources to at least 50 percent of total retail sales of electricity in California by December 31, 2030. -(c)The San Joaquin Valley remains mired in chronic double digit unemployment, unprecedented rates of poverty, a severe ongoing drought, and poor air quality. -(d)California’s energy sector is undergoing significant advancement and transformation driven by evolving regulation, expanding renewable energy goals, and increasing greenhouse gas emissions reduction efforts. -(e)While rich in natural resources and clean energy opportunities, the San Joaquin Valley has largely been left behind in California’s clean energy revolution. The overwhelming majority of the state’s new transmission assets have been sited in other regions, particularly southern California, and renewable energy resource project investment, jobs, and economic and environmental benefits have followed grid access. -(f)Unlocking the renewable energy potential of the San Joaquin Valley by providing more equitable investment in a clean energy economy should be a key priority of California policymakers. -(g)Timely investment and improved transmission access are critical to the San Joaquin Valley and will allow the region to more effectively and efficiently develop clean energy opportunities at all solar project locations, create jobs, and derive cobenefits for disadvantaged communities. -(h)The Governor’s office has completed the San Joaquin Valley Solar Convening identifying high potential solar energy developments in the San Joaquin Valley that maximize renewable energy benefits and minimize environmental biological and habitat impacts. -(i)The report issued by the University of California in May 2016 on the outcome of the convening, entitled “A Path Forward: Identifying Least-Conflict Solar PV Development in California’s San Joaquin Valley,” identified 470,000 acres of least-conflict land, amounting to roughly 5 percent of the 9.5 million acres in the stakeholder study area. -(j)In order to identify least-conflict lands, the project team convened four stakeholder groups early in the process: (1) an environmental conservation group, (2) an agricultural farmland conservation group, (3) a solar industry group, and (4) a transmission group. An agricultural rangeland stakeholder group was later added to gain a better understanding of regional land value from this stakeholder perspective. -(k)The project team generated the final result, the composite least-conflict area, using the information developed with the solar industry, environmental conservation, and agricultural farmland conservation stakeholder groups. -(l)Given the proximity to existing transmission corridors, solar projects in the San Joaquin Valley can be developed in a way that minimizes the need for new transmission by prioritizing the use of existing transmission corridors consistent with the principles of transmission corridor planning developed by the State Energy Resources Conservation and Development Commission in response to Senate Bill 2431 (Chapter 1457 of the Statutes of 1988), known as the Garamendi Principles. -(m)As future clean energy investments are planned and implemented, state officials must ensure an appropriate share is targeted to improve environmental quality, expand economic development, contribute to environmental solutions, and create jobs in the San Joaquin Valley. -SEC. 3. -Section 399.23 is added to the -Public Utilities Code -, to read: -399.23. -(a)The commission and the Energy Commission shall evaluate, while taking into consideration ratepayer costs and benefits, potential eligible renewable energy resource projects in the San Joaquin Valley. Evaluation of projects that provide the following benefits or attributes shall be prioritized: -(1)The economically viable and environmentally beneficial reuse of drainage-impaired agricultural lands. -(2)The retirement of drainage-impaired agricultural land and facilitation of regional agricultural drainage solutions. -(3)The facilitation of surface water supply redirection from drainage-impaired agricultural lands to other productive agricultural land. -(b)Using the results of the evaluation, on or before January 31, 2017, the commission and the Energy Commission shall recommend to the Independent System Operator an amount of electricity to be generated from eligible renewable energy resources in the San Joaquin Valley that reasonably maximizes the amount of electricity to be generated from eligible renewable energy resources, consistent with the state’s overall need for electricity and the requirements of this article, and that accomplishes all of the following: -(1)Takes into account the 470,000 acres identified in the Governor’s May 2016 Solar Convening Report, entitled “A Path Forward: Identifying Least-Conflict Solar PV Development in California’s San Joaquin Valley,” along with all other lands in the Central Valley that have entitlements for solar development. -(2)Provides eligible renewable energy resources within the San Joaquin Valley with full capacity deliverability status. -(3)Minimizes the need for new transmission by prioritizing the use of existing transmission corridors consistent with the principles of transmission corridor planning developed by the Energy Commission in response to Senate Bill 2431 (Chapter 1457 of the Statutes of 1988), known as the Garamendi Principles. -(c)Using the results of the evaluation, on or before January 31, 2017, the commission and the Energy Commission shall recommend to the Independent System Operator any network transmission upgrades needed to fulfill the recommendations made pursuant to subdivision (b). This recommendation shall seek to minimize the need for new transmission by prioritizing the use of existing transmission corridors consistent with the Garamendi Principles of transmission corridor planning.","Existing law relative to electrical restructuring, within the Public Utilities Act, establishes the Independent System Operator to ensure the efficient use and reliable operation of the electric transmission grid. The California Renewables Portfolio Standard Program requires the Public Utilities Commission (PUC) to establish a renewables portfolio standard requiring all retail sellers, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, so that the total kilowatthours sold to their retail end-use customers achieves 25% of retail sales by December 31, 2016, 33% by December 31, 2020, 40% by December 31, 2024, 45% by December 31, 2027, and 50% by December 31, 2030. The program additionally requires each local publicly owned electric utility, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources to achieve the procurement requirements established by the program. -The Renewable Energy Transmission Initiative is a statewide initiative to help identify transmission projects to accommodate the state’s renewable energy goals. -This bill would require the PUC and the State Energy Resources Conservation and Development Commission (Energy Commission) to evaluate, while taking into consideration ratepayer costs and benefits, potential eligible renewable energy resource projects in the San Joaquin Valley that provide specified benefits or attributes. The bill would require the PUC and the Energy Commission, on or before January 31, 2017, using that evaluation, to recommend to the Independent System Operator an amount of electricity to be generated from eligible renewable energy resources in the San Joaquin Valley that reasonably maximizes, consistent with the state’s overall need for electricity and the California Renewables Portfolio Standard Program, the amount of electricity to be generated from eligible renewable energy resources that accomplishes specified objectives. The bill would require the PUC and the Energy Commission, on or before January 31, 2017, using the results of the evaluation, to recommend to the Independent System Operator any network transmission upgrades needed to fulfill the above-described generation quantity recommendations and would require that the transmission upgrade recommendations seek to minimize the need for new transmission by prioritizing the use of existing transmission corridors consistent with specified principles developed by the Energy Commission. -This bill would require the Independent System Operator, when undertaking transmission planning activities, to take into account a specified report relating to solar photovoltaic system development in the San Joaquin Valley and specified principles of transmission corridor planning developed by the State Energy Resources Conservation and Development Commission (Energy Commission). The bill would require the Energy Commission, the PUC, and the Independent System Operator, when undertaking activities as part of the Renewable Energy Transmission Initiative, to take into account the above-specified report and principles.","An act to add Section 399.23 to the Public Utilities Code, relating to electricity." -1164,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 11450 of the Welfare and Institutions Code is amended to read: -11450. -(a) (1) (A) Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the family’s income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f): -Number of -eligible needy -persons in -the same home -Maximum -aid -1 ........................ -$  326 -2 ........................ -535 -3 ........................ -663 -4 ........................ -788 -5 ........................ -899 -6 ........................ -1,010 -7 ........................ -1,109 -8 ........................ -1,209 -9 ........................ -1,306 -10 or more ........................ -1,403 -(B) If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that -no -any -increase or decrease shall -not -be subject to subsequent adjustment pursuant to Section 11453. -(2) The sums specified in paragraph (1) shall not be adjusted for cost of living for the 1990–91, 1991–92, 1992–93, 1993–94, 1994–95, 1995–96, 1996–97, and 1997–98 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of Section 11453.05, and -no -a -further reduction shall -not -be made pursuant to that section. -(b) (1) When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the child and her child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision. -(2) Notwithstanding paragraph (1), when the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant woman for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the woman and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision. -(3) Paragraph (1) shall apply only when the Cal-Learn Program is operative. -(c) The amount of forty-seven dollars ($47) per month shall be paid to pregnant women qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the woman and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants, and Children program. If that payment to pregnant women qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the woman and child, if born, would have qualified for aid under this chapter. -(d) For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, when added to the child’s income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations. -(e) In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance. -(f) After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for special needs. -(1) An allowance for special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the special needs items. The sum of all special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event. -(2) (A) Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section. -(B) A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided. -(3) (A) (i) -A -Once per calendar year, a -special needs benefit of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family. -(ii) This special needs benefit shall be granted or denied immediately upon the family’s application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the family’s homelessness within the first three working days and if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period. -(iii) After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 30 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing -which -that -shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits. -(B) (i) A special needs benefit for permanent housing assistance is available to pay for last month’s rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction. -(ii) The last month’s rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall only be made to families that have found permanent housing costing no more than 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size. -(iii) However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii). -(C) The special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities -which -that -are necessary for the health and safety of the family. -(D) A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter. -(E) (i) A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance. -(ii) A family shall be eligible for temporary and permanent housing assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or, the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request. -(iii) If a recipient seeking homeless assistance based on domestic violence pursuant to clause (ii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation. -(iv) The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph. -(F) The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence. -(G) Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments. -(H) The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current year’s Budget Act by specifying a different daily allowance and appropriating the funds therefor. -(I) No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties. -(g) The department shall establish rules and regulations ensuring the uniform statewide application of this section. -(h) The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently. -(i) (1) Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a). -(2) The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section. -(j) For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the child’s income, is equal to the rate specified in Sections 11364 and 11387. -(k) (1) A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013. -(2) Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county. -(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section. -(l) This section shall become operative on July 1, 2015. -SEC. 2. -No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act. -SEC. 3. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families. As part of the CalWORKs program, a homeless family that has used all available liquid resources in excess of $100 may be eligible for homeless assistance benefits to pay the costs of temporary shelter. The CalWORKs program also provides permanent housing assistance to pay rent or a security deposit, as specified, in order to secure housing for the family or prevent eviction. Under existing law, eligibility for homeless assistance is limited to one period of up to 16 consecutive days in a lifetime, and eligibility for permanent housing assistance is limited to one payment of assistance, subject to specified exceptions for homelessness caused by domestic violence, illness, or sudden or unusual circumstances beyond the control of the family. Existing law authorizes a county to require certain recipients of homeless assistance to participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. -This bill would increase the duration of homeless assistance benefits to 30 days and would delete the limitation on the number of times a recipient may receive homeless assistance or permanent housing assistance benefits. -The bill would limit the number of times a family may receive temporary shelter assistance to once per year. -The bill would also delete the authority for the county to require a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. Because this bill would increase the administrative duties of counties, it would impose a state-mandated local program. -Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. -This bill would, instead, provide that the continuous appropriation would not be made for purposes of implementing the bill. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 11450 of the Welfare and Institutions Code, relating to CalWORKs." -1165,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 103526 of the Health and Safety Code is amended to read: -103526. -(a) (1) If the State Registrar, local registrar, or county recorder receives a written, faxed, electronic, or digitized image of a request for a certified copy of a birth, death, or marriage record pursuant to Section 103525 that is accompanied by a notarized statement sworn under penalty of perjury, an electronic verification of identity accompanied by an electronic statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury that the applicant is an authorized person, as defined in this section, that official may furnish a certified copy to the applicant pursuant to Section 103525. -(2) A faxed or digitized image of the notary acknowledgment accompanying a faxed request received pursuant to this subdivision for a certified copy of a birth, death, or marriage record shall be legible and, if the notary’s seal is not photographically reproducible, show the name of the notary, the county of the notary’s principal place of business, the notary’s telephone number, the notary’s registration number, and the notary’s commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notary’s signature in the acknowledgment. If a request for a certified copy of a birth, death, or marriage record is made in person, the official shall take a statement sworn under penalty of perjury that the applicant is signing his or her own legal name and is an authorized person, and that official may then furnish a certified copy to the applicant. -(3) (A) If a request for a certified copy of a birth, death, or marriage record is made electronically, the official may accept an electronic verification authenticating the identity of the applicant using a multilayered remote identity proofing process that complies with all of the following requirements: -(i) Meets or exceeds the National Institute of Standards and Technology (NIST) electronic authentication guideline for multilayered remote identity proofing. -(ii) (I) Verifies all of the following information provided by the applicant: -(ia) A valid government-issued identification number. -(ib) A financial or utility account number. -(II) The verification pursuant to this subparagraph shall occur through record checks with the state or local agency or a credit reporting agency or similar database and shall confirm that the name, date of birth, address, or other personal information in the record checks are consistent with the information provided by the applicant. -(iii) Meets or exceeds the information security requirements of the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code) and the Federal Information Security Management Act of 2002 (Public Law 107-347) and all other applicable state and federal laws and regulations to protect the personal information of the applicant and guard against identity theft. -(iv) Retains for each electronic verification, as required by the NIST electronic authentication guideline, a record of the applicant whose identity has been verified and the steps taken to verify the identity. -(B) If an applicant’s identity cannot be established electronically pursuant to this paragraph, the applicant shall include with his or her request a statement of identity notarized pursuant to paragraph (1). -(4) For purposes of this subdivision, “digitized image” means an image of an original paper request for a certified copy of a birth, death, or marriage record. -(b) (1) If the person requesting a certified copy of a birth, death, or nonconfidential marriage record is not an authorized person or is an authorized person who is otherwise unable to satisfy the requirements of subdivision (a), the certified copy provided to the applicant shall be an informational certified copy and shall display a legend that states “INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY.” The legend shall be placed on the certificate in a manner that will not conceal information. -(2) If the person requesting a certified copy of a confidential marriage record is not an authorized person or is an authorized person who is otherwise unable to satisfy the requirements of subdivision (a), the official shall not release a certified copy of the confidential marriage record unless otherwise authorized by law. -(c) For purposes of this section, an “authorized person” means: -(1) For purposes of requests for certified copies of confidential marriage records, only a party to the confidential marriage. -(2) For purposes of requests for certified copies of birth, death, or nonconfidential marriage records, a person who is any of the following: -(A) The registrant or a parent or legal guardian of the registrant. -(B) A party entitled to receive the record as a result of a court order, or an attorney or a licensed adoption agency seeking the birth record in order to comply with the requirements of Section 3140 or 7603 of the Family Code. -(C) A member of a law enforcement agency or a representative of another governmental agency, as provided by law, who is conducting official business. -(D) A child, grandparent, grandchild, sibling, spouse, or domestic partner of the registrant. -(E) An attorney representing the registrant or the registrant’s estate, or any person or agency empowered by statute or appointed by a court to act on behalf of the registrant or the registrant’s estate. -(F) An agent or employee of a funeral establishment who acts within the course and scope of his or her employment and who orders certified copies of a death certificate on behalf of an individual specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 7100. -(d) A person who asks the agent or employee of a funeral establishment to request a death certificate on his or her behalf warrants the truthfulness of his or her relationship to the decedent and is personally liable for all damages occasioned by, or resulting from, a breach of that warranty. -(e) Notwithstanding any other law: -(1) A member of a law enforcement agency or a representative of a state or local government agency, as provided by law, who orders a copy of a record to which subdivision (a) applies in conducting official business shall not be required to provide the notarized statement required by subdivision (a). -(2) An agent or employee of a funeral establishment who acts within the course and scope of his or her employment and who orders death certificates on behalf of individuals specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 7100 shall not be required to provide the notarized statement required by subdivision (a). -(f) Informational certified copies of birth and death certificates issued pursuant to subdivision (b) shall only be printed from the single statewide database prepared by the State Registrar and shall be electronically redacted to remove any signatures for purposes of compliance with this section. Local registrars and county recorders shall not issue informational certified copies of birth and death certificates from a source other than the statewide database prepared by the State Registrar. This subdivision shall become operative on July 1, 2007, but only after the statewide database becomes operational and the full calendar year of the birth and death indices and images is entered into the statewide database and is available for the respective year of the birth or death certificate for which an informational copy is requested. The State Registrar shall provide written notification to local registrars and county recorders as soon as a year becomes available for issuance from the statewide database. -(g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made to this section by the act that added this subdivision through an all-county letter or similar instructions from the State Registrar without taking regulatory action. -(h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 2. -Section 103526 is added to the Health and Safety Code, to read: -103526. -(a) (1) If the State Registrar, local registrar, or county recorder receives a written, faxed, or digitized image of a request for a certified copy of a birth, death, or marriage record pursuant to Section 103525 that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the requester is an authorized person, as defined in this section, that official may furnish a certified copy to the applicant pursuant to Section 103525. A faxed or digitized image of the notary acknowledgment accompanying a faxed request received pursuant to this subdivision for a certified copy of a birth, death, or marriage record shall be legible and, if the notary’s seal is not photographically reproducible, show the name of the notary, the county of the notary’s principal place of business, the notary’s telephone number, the notary’s registration number, and the notary’s commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notary’s signature in the acknowledgment. If a request for a certified copy of a birth, death, or marriage record is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person, and that official may then furnish a certified copy to the applicant. -(2) For purposes of this subdivision, “digitized image” means an image of an original paper request for a certified copy of a birth, death, or marriage record. -(b) (1) If the person requesting a certified copy of a birth, death, or nonconfidential marriage record is not an authorized person or is an authorized person who is otherwise unable to satisfy the requirements of subdivision (a), the certified copy provided to the applicant shall be an informational certified copy and shall display a legend that states “INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY.” The legend shall be placed on the certificate in a manner that will not conceal information. -(2) If the person requesting a certified copy of a confidential marriage record is not an authorized person or is an authorized person who is otherwise unable to satisfy the requirements of subdivision (a), the official shall not release a certified copy of the confidential marriage record unless otherwise authorized by law. -(c) For purposes of this section, an “authorized person” means: -(1) For purposes of requests for certified copies of confidential marriage records, only a party to the confidential marriage. -(2) For purposes of requests for certified copies of birth, death, or nonconfidential marriage records, a person who is any of the following: -(A) The registrant or a parent or legal guardian of the registrant. -(B) A party entitled to receive the record as a result of a court order, or an attorney or a licensed adoption agency seeking the birth record in order to comply with the requirements of Section 3140 or 7603 of the Family Code. -(C) A member of a law enforcement agency or a representative of another governmental agency, as provided by law, who is conducting official business. -(D) A child, grandparent, grandchild, sibling, spouse, or domestic partner of the registrant. -(E) An attorney representing the registrant or the registrant’s estate, or any person or agency empowered by statute or appointed by a court to act on behalf of the registrant or the registrant’s estate. -(F) An agent or employee of a funeral establishment who acts within the course and scope of his or her employment and who orders certified copies of a death certificate on behalf of any individual specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 7100. -(d) A person who asks the agent or employee of a funeral establishment to request a death certificate on his or her behalf warrants the truthfulness of his or her relationship to the decedent, and is personally liable for all damages occasioned by, or resulting from, a breach of that warranty. -(e) Notwithstanding any other law: -(1) A member of a law enforcement agency or a representative of a state or local government agency, as provided by law, who orders a copy of a record to which subdivision (a) applies in conducting official business shall not be required to provide the notarized statement required by subdivision (a). -(2) An agent or employee of a funeral establishment who acts within the course and scope of his or her employment and who orders death certificates on behalf of individuals specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 7100 shall not be required to provide the notarized statement required by subdivision (a). -(f) Informational certified copies of birth and death certificates issued pursuant to subdivision (b) shall only be printed from the single statewide database prepared by the State Registrar and shall be electronically redacted to remove any signatures for purposes of compliance with this section. Local registrars and county recorders shall not issue informational certified copies of birth and death certificates from a source other than the statewide database prepared by the State Registrar. This subdivision shall become operative on July 1, 2007, but only after the statewide database becomes operational and the full calendar year of the birth and death indices and images is entered into the statewide database and is available for the respective year of the birth or death certificate for which an informational copy is requested. The State Registrar shall provide written notification to local registrars and county recorders as soon as a year becomes available for issuance from the statewide database. -(g) This section shall become operative January 1, 2021. -SEC. 3. -Section 103527.5 is added to the Health and Safety Code, to read: -103527.5. -(a) On or before January 1, 2019, the State Registrar and any city or county that fulfills electronic requests for certified copies of birth, death, or marriage records without being provided a notarized statement that the requester is an authorized person shall report the following information to the Attorney General, the Assembly and Senate Committee on Judiciary, and the Assembly Committee on Privacy and Consumer Protection: -(1) All of the following nonpersonally identifiable information: -(A) The total number of written, electronic, faxed, or in-person requests that include a notarized statement that the requester is an authorized person. -(B) The total number of electronic requests utilizing the multilayered remote identity proofing process described in Section 103526 that do not include a notarized statement. -(C) The total number of electronic requests denied while using the multilayered remote identity proofing process due to insufficient information or failed authentication. -(D) The total number of repeat electronic requests using the multilayered remote identity proofing process for the same record and the same individual. -(2) A description of the mechanism and process, if any, by which consumers who have been victims of identity theft may temporarily limit electronic access to certified vital records, including all of the following: -(A) The number of consumers who have utilized this mechanism and process. -(B) The total number of electronic requests that utilize the multilayered remote identity proofing process, without a notarized statement, requesting records of consumers who have used the temporary limited access mechanism and process. -(C) The total number of electronic requests for records of consumers who have utilized this temporary limited access mechanism and process that were denied while using the multilayered remote identity proofing process. -(3) A description of the mechanism and process by which a consumer may report identity theft resulting from an alleged fraudulent records request, as well as the number of consumers who have used this mechanism and process. -(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, a certified copy of a birth, death, marriage, or military service record may only be supplied by the State Registrar, local registrar, or county recorder to an authorized person, as defined, who submits a written, faxed, or digitized image request accompanied by a notarized statement sworn under penalty of perjury that the applicant is an authorized person. -This bill would, until January 1, 2021, if the request for a certified copy of a birth, death, or marriage record is made electronically, authorize the official to accept an electronic acknowledgment verifying the identity of the applicant using a multilayered remote identity proofing process. If an applicant’s identity cannot be established electronically, the bill would require the applicant to include with his or her request a statement of identity notarized pursuant to existing law. The bill would require the verification to comply with specified provisions and protect the personal information of the applicant and guard against identity theft. The bill would require the State Registrar and any city or county that fulfills electronic requests without a notarized statement of identity to report to the Attorney General and the Legislature on or before January 1, 2019, regarding the number and types of requests and the availability of consumer protection mechanisms, as specified. -This bill would authorize the State Department of Public Health to implement its procedures relating to electronic verification through an all-county letter or similar instruction from the State Registrar without taking regulatory action. The bill would specifically authorize the department to accept an electronic verification of identity accompanied by an electronic statement sworn under penalty of perjury for the above purposes. By expanding the crime of perjury, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend, repeal, and add Section 103526 of, and to add and repeal Section 103527.5 of, the Health and Safety Code, relating to vital records." -1166,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 16429.2 of the Government Code is amended to read: -16429.2. -There is created the Local Investment Advisory Board consisting of five members. The chair shall be the Treasurer or his or her designated representative. Two members who are qualified by training and experience in the field of investment or finance, shall be appointed by the Treasurer. Two members who are treasurers, finance or fiscal officers, or business managers employed by any county, city or local district, or municipal corporation of the state, shall be appointed by the Treasurer. -The term of office of each appointed member of the board is three years, but each appointed member serves at the pleasure of the appointing authority. A vacancy in the appointed membership, occurring other than by expiration of term, shall be filled in the same manner as the original appointment, but for the unexpired term only. -Members of the board who are not state officers or employees shall not receive a salary, but shall be entitled to a per diem allowance of fifty dollars ($50) for each day’s attendance at a meeting of the board, not to exceed three hundred dollars ($300) in any month. All members shall be entitled to reimbursement for expenses incurred in the performance of their duties under this part, including travel and other necessary expenses. -The board’s primary purpose shall be to advise and assist the Treasurer in formulating the investment and reinvestment of moneys in the Local Agency Investment Fund, and the acquisition, retention, management, and disposition of investments of the fund. The board, from time to time, shall review those policies and advise therein as it considers necessary or desirable. The board shall advise the Treasurer in the management of the fund and consult the Treasurer on any matter relating to the investment and reinvestment of moneys in the fund. -SEC. 2. -Article 12 (commencing with Section 16429.50) is added to Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code, to read: -Article 12. Intermediate and Long Term Investment Fund -16429.50. -(a) The Intermediate and Long Term Investment Fund is hereby created. The Treasurer shall administer the fund and shall maintain a separate account within the fund for each governmental unit having deposits in this fund. -(b) The purpose of the fund is to permit voluntary deposit of funds by a governmental entity where those funds may benefit from the intermediate or long-term investments authorized by this article. -(c) The moneys deposited into the Intermediate and Long Term Investment Fund shall be subject to the requirements of Section 16430, except that the moneys may also be invested in corporate bonds with a maturity of up to three years, in government bonds with a maturity of up to 30 years, in physical gold, and in convertible securities. -(d) The Intermediate and Long Term Investment Advisory Board shall recommend to the Treasurer the moneys in the Surplus Money Investment Fund or the Local Agency Investment Fund which qualify to participate in the Intermediate and Long Term Investment Fund. -(e) The Treasurer may refuse to accept deposits into the fund if, in the judgment of the Treasurer, the deposit would adversely affect the state’s portfolio. -(f) Money in the fund shall be invested to achieve the objective of the fund, which is to realize the maximum return consistent with safe and prudent management. -(g) All instruments of title of all investments of the fund shall remain in the Treasurer’s vault or be held in safekeeping under control of the Treasurer in any federal reserve bank, or any branch thereof, or the Federal Home Loan Bank of San Francisco, with any trust company, or the trust department of any state or national bank. -(h) Immediately at the conclusion of each calendar quarter, all interest earned and other increment derived from investments shall be distributed by the Controller to the contributing governmental units or trustees or fiscal agents, nonprofit corporations, and quasi-governmental agencies in amounts directly proportionate to the respective amounts deposited in the Intermediate and Long Term Investment Fund and the length of time the amounts remained therein. An amount equal to the reasonable costs incurred in carrying out the provisions of this section, not to exceed a maximum of 5 percent of the earnings of this fund and not to exceed the amount appropriated in the annual Budget Act for this function, shall be deducted from the earnings prior to distribution. However, if the 13-week Daily Treasury Bill Rate, as published by the United States Department of the Treasury, on the last day of the state’s fiscal year is below 1 percent, then the above-noted reasonable costs shall not exceed a maximum of 8 percent of the earnings of this fund for the subsequent fiscal year, shall not exceed the amount appropriated in the annual Budget Act for this function, and shall be deducted from the earnings prior to distribution. The amount of the deduction shall be credited as reimbursements to the state agencies, including the Treasurer, the Controller, and the Department of Finance, having incurred costs in carrying out the provisions of this article. -16429.52. -(a) Moneys placed with the Treasurer for deposit in the Intermediate and Long Term Investment Fund from the Local Agency Investment Fund shall be held in trust. Those funds shall not be subject to either of the following: -(1) Transfer or loan pursuant to Section 16310, 16312, or 16313. -(2) Impoundment or seizure by any state official or state agency. -(b) (1) The right of a city, county, city and county, special district, nonprofit corporation, or qualified quasi-governmental agency to withdraw its deposited moneys from the Intermediate and Long Term Investment Fund, upon demand, shall not be altered, impaired, or denied, in any way, by any state official or state agency based upon the state’s failure to adopt a State Budget by July 1, of each new fiscal year. -(2) Notwithstanding paragraph (1), if an agency prematurely withdraws moneys deposited in a medium- or long-term investment, the agency shall pay its fair share of any penalty imposed, as determined by the Treasurer. -16429.54. -(a) The Intermediate and Long Term Investment Advisory Board is hereby established, consisting of five members. The chairperson shall be the Treasurer or his or her designated representative. Two members who are qualified by training and experience in the field of investing and finance shall be appointed by the Treasurer. Two members who are treasurers, finance or fiscal officers, or business managers, employed by any county, city, or local district or municipal corporation of this state, shall be appointed by the Treasurer. No member of either the Local Investment Advisory Board or the Pooled Money Investment Board is eligible to be selected by the Treasurer for the Intermediate and Long Term Investment Board. -(b) The term of office of each appointed member of the board is two years, but each appointed member serves at the pleasure of the appointing authority. A vacancy in the appointed membership, occurring other than by expiration of term, shall be filled in the same manner as the original appointment, but for the unexpired term only. -(c) Members of the board who are not state officers or employees shall not receive a salary, but shall be entitled to a per diem allowance of fifty dollars ($50) for each day’s attendance at a meeting of the board, not to exceed three hundred dollars ($300) in any month. All members shall be entitled to reimbursement for expenses incurred in the performance of their duties under this part, including travel and other necessary expenses. -(d) The board’s primary purpose shall be to advise and assist the Treasurer in formulating the investment and reinvestment of moneys in the Intermediate and Long Term Investment Fund and the acquisition, retention, management, and disposition of investments of the fund. The board, from time to time, shall review those policies and advise therein as it considers necessary or desirable. -(e) The board shall distribute investment performance reports quarterly and distribute an annual report to the Legislature, in compliance with Section 9795 of the Government Code, and to the Department of Finance. The investment performance reports shall include investment returns, comparisons to benchmarks, holdings, market values, and fees.","Existing -(1) -Existing -law creates the Local Agency Investment Fund, a trust fund in the custody of the Treasurer, in which local governments and other specified governmental entities may deposit, for investment, moneys that are not required for immediate needs. Existing law authorizes the Treasurer, with the advice of the Local Investment Advisory Board, to invest the moneys in the fund. Existing law requires the board to be made up of 5 members, including the Treasurer or his or her representative, 2 members appointed by the Treasurer who are experienced in the field of investment, and 2 members appointed by the Treasurer who are treasurers, finance or fiscal officers, or business managers employed by a county, city or local district, or municipal corporation of this state. Existing law establishes that the term of office of each appointed member of the board is 2 years. -This bill would extend the term of each of the appointed members of the board to 3 years. The bill would also make several nonsubstantive changes. -(2) Existing law creates the Pooled Money Investment Board and authorizes it to determine whether any money on deposit in the State Treasury, with specified exceptions, is not necessary for immediate use and to designate that money as “surplus money.” Existing law requires transfer of this surplus money to the Surplus Money Investment Fund and requires that the moneys be invested by the Treasurer in specified eligible investment vehicles. -Existing law creates the Local Agency Investment Fund, a trust fund in the custody of the Treasurer, in which local governments and other specified governmental entities may deposit, for investment, moneys that are not required for immediate needs. Existing law authorizes the Treasurer, with the advice of the Local Investment Advisory Board, to invest the moneys in the fund in specified securities that are eligible for the investment of surplus state funds. -This bill would create the Intermediate and Long Term Investment Fund to receive voluntary deposit of funds by a governmental entity so that those funds may benefit from the intermediate or long-term investments authorized by this bill. The bill would, in addition, authorize investment of moneys that are deposited in the Intermediate and Long Term Investment Fund in long-term corporate and government bonds, in gold, and in convertible securities. -This bill would establish the Long Term Investment Board. The board would consist of 5 members with the Treasurer as the chair. The Treasurer would select the remaining 4 members, based upon specified criteria, for 2-year terms. The board’s primary purpose would be to advise and assist the Treasurer in formulating the investment and reinvestment of moneys in the fund and the acquisition, retention, management, and disposition of investments of the fund. The bill would require the board to submit quarterly and annual reports regarding the performance of the investments in the fund to the Legislature and to the Department of Finance.","An act to amend Section 16429.2 -of -of, and to add Article 12 (commencing with Section 16429.50) to Chapter 2 of Part 2 of Division 4 of Title 2 of, -the Government Code, relating to -local -government finance." -1167,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 13050 of the Water Code is amended to read: -13050. -As used in this division: -(a) “State board” means the State Water Resources Control Board. -(b) “Regional board” means any California regional water quality control board for a region as specified in Section 13200. -(c) “Person” includes any city, county, district, the state, and the United States, to the extent authorized by federal law. -(d) “Waste” includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. -(e) “Waters of the state” means any surface water or groundwater, including saline waters, within the boundaries of the state. -(f) “Beneficial uses” of the waters of the state that may be protected against quality degradation include, but are not limited to, domestic, municipal, agricultural and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves. -(g) “Quality of the water” refers to chemical, physical, biological, bacteriological, radiological, and other properties and characteristics of water -which -that -affect its use. -(h) “Water quality objectives” means the limits or levels of water quality constituents or characteristics -which -that -are established for the reasonable protection of beneficial uses of water or the prevention of nuisance within a specific area. -(i) “Water quality control” means the regulation of any activity or factor -which -that -may affect the quality of the waters of the state and includes the prevention and correction of water pollution and nuisance. -(j) “Water quality control plan” consists of a designation or establishment for the waters within a specified area of all of the following: -(1) Beneficial uses to be protected. -(2) Water quality objectives. -(3) A program of implementation needed for achieving water quality objectives. -(k) “Contamination” means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected. -(l) (1) “Pollution” means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects either of the following: -(A) The waters for beneficial uses. -(B) Facilities -which -that -serve these beneficial uses. -(2) “Pollution” may include “contamination.” -(m) “Nuisance” means anything -which -that -meets all of the following requirements: -(1) Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. -(2) Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. -(3) Occurs during, or as a result of, the treatment or disposal of wastes. -(n) “Recycled water” means water -which -, -that, -as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefor considered a valuable resource. -(o) “Citizen or domiciliary” of the state includes a foreign corporation having substantial business contacts in the state or -which -that -is subject to service of process in this state. -(p) (1) “Hazardous substance” means either of the following: -(A) For discharge to surface waters, any substance determined to be a hazardous substance pursuant to Section 311(b)(2) of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.). -(B) For discharge to groundwater, any substance listed as a hazardous waste or hazardous material pursuant to Section 25140 of the Health and Safety Code, without regard to whether the substance is intended to be used, reused, or discarded, except that “hazardous substance” does not include any substance excluded from Section 311(b)(2) of the Federal Water Pollution Control Act because it is within the scope of Section 311(a)(1) of that act. -(2) “Hazardous substance” does not include any of the following: -(A) Nontoxic, nonflammable, and noncorrosive stormwater runoff drained from underground vaults, chambers, or manholes into gutters or storm sewers. -(B) Any pesticide -which -that -is applied for agricultural purposes or is applied in accordance with a cooperative agreement authorized by Section 116180 of the Health and Safety Code, and is not discharged accidentally or for purposes of disposal, the application of which is in compliance with all applicable state and federal laws and regulations. -(C) Any discharge to surface water of a quantity less than a reportable quantity as determined by regulations issued pursuant to Section 311(b)(4) of the Federal Water Pollution Control Act. -(D) Any discharge to land -which -that -results, or probably will result, in a discharge to groundwater if the amount of the discharge to land is less than a reportable quantity, as determined by regulations adopted pursuant to Section 13271, for substances listed as hazardous pursuant to Section 25140 of the Health and Safety Code. No discharge shall be deemed a discharge of a reportable quantity until regulations set a reportable quantity for the substance discharged. -(q) (1) “Mining waste” means all solid, semisolid, and liquid waste materials from the extraction, beneficiation, and processing of ores and minerals. Mining waste includes, but is not limited to, soil, waste rock, and overburden, as defined in Section 2732 of the Public Resources Code, and tailings, slag, and other processed waste materials, including cementitious materials that are managed at the cement manufacturing facility where the materials were generated. -(2) For the purposes of this subdivision, “cementitious material” means cement, cement kiln dust, clinker, and clinker dust. -(r) “Master recycling permit” means a permit issued to a supplier or a distributor, or both, of recycled water, that includes waste discharge requirements prescribed pursuant to Section 13263 and water recycling requirements prescribed pursuant to Section 13523.1.","Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the federal Clean Water Act and the Porter-Cologne Water Quality Control Act (state act). The state act defines various terms for its purposes. -This bill would make nonsubstantive changes to these definitions.","An act to amend Section 13050 of the Water Code, relating to water quality." -1168,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares the following: -(a) The State of California has officially recognized the Armenian Genocide each year for decades and has repeatedly urged the Republic of Turkey to acknowledge the facts of the Armenian Genocide and work toward a just resolution, honor its obligations under international treaties and human rights laws, end all forms of religious discrimination and persecution, and return Christian church properties to their rightful owners. -(b) Genocide is defined by the United Nations as an act “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.” -(c) Genocide denial is widely viewed as among the final stages of genocide and serves to perpetuate the effects of genocide even after the active phases of extermination, massacres, forced marches, and deportation have ended. -(d) The government of Turkey has engaged and continues to engage in an ongoing campaign of genocide denial and historical revisionism by refusing to acknowledge its responsibility for the Armenian Genocide, refusing to compensate its victims, and actively pursuing a well-funded political lobbying campaign throughout the United States, including in California, to rewrite history and defeat legislation recognizing the Armenian Genocide. -(e) The government of Turkey has engaged and continues to engage in efforts to effect Armenian cultural erasure since the founding of the Republic of Turkey, including, but not limited to, ethnic cleansings and the destruction of sacred Armenian religious sites. -(f) Reference in Turkey by any scholar, journalist, or other person to the massacre and deportation of Armenians in 1915 to 1923, inclusive, as genocide can be criminally prosecuted under Article 301 of the Turkish Penal Code. -(g) The State of California is home to the largest Armenian American population in the United States, and Armenians living in California, most of whom are direct descendants of the survivors of the Armenian Genocide, have enriched our state through their leadership and contributions in business, agriculture, academia, government, and the arts, yet continue to suffer the effects of the continued denial campaign by the government of Turkey. -(h) The State of California, as the world’s eighth largest economy, and in accordance with principles of human rights and justice, has taken the lead in adopting legislation to divest from South Africa for its policy of apartheid, Sudan for its genocide in Darfur, and Iran for its support of international terrorism, imposing economic consequences upon regimes that engage in conduct and policy that violate human rights or constitute crimes against humanity. -(i) The State of California, through its Public Employees’ Retirement System (PERS) and its State Teachers’ Retirement System (STRS), directly invests public funds in the government of Turkey, which then reaps profits while actively denying the Armenian Genocide, funding its continued campaign of denial, at least in part, through these investments in its economy. -(j) By investing public funds in the government of Turkey, the State of California as the embodiment of its citizens contradicts its longstanding, just position of recognizing the Armenian Genocide and urging the government of Turkey to acknowledge its responsibility and work toward a just resolution by honoring its obligations under international treaties and human rights laws, to end all forms of religious discrimination and persecution, and to return Christian church properties to their rightful owners. -(k) It is the government of Turkey, not the people of Turkey, that is responsible for Turkey’s continued egregious violations of human rights and active pursuit of genocide denial, cultural erasure, and historical revisionism. -(l) PERS currently has investment holdings in bonds directly issued by the Republic of Turkey in excess of $185,000,000. -(m) STRS currently has investment holdings in bonds directly issued by the Republic of Turkey in excess of several hundred million dollars. -(n) Investment in the Republic of Turkey enables its government to continue to deny justice to the Armenian people. -(o) Divesting these funds would ensure that the State of California is in no way complicit in the continued denial of the Armenian Genocide by the government of Turkey and would encourage said government to acknowledge the Armenian Genocide and to reach a fair and just resolution of reparations for the survivors of the Armenian Genocide. -SEC. 2. -Section 7513.76 is added to the Government Code, to read: -7513.76. -(a) As used in this section, the following terms have the following meanings: -(1) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board of the State Teachers’ Retirement System, as applicable. -(2) “Government of Turkey” means the government of Turkey or its instrumentalities or political subdivisions. “Government of Turkey” also includes any and all investment vehicles, government bonds, or financial institutions and entities that are owned, controlled, or operated by the government of Turkey. -(3) “Turkey” means the Republic of Turkey or any territory under the administration or control of Turkey. -(4) “Public employee retirement funds” means the Public Employees’ Retirement Fund described in Section 20062 and the Teachers’ Retirement Fund described in Section 22167 of the Education Code. -(b) The board shall not make additional or new investments or renew existing investments of public employee retirement funds in any investment vehicle in Turkey that meets either of the following criteria: -(1) The investment vehicle is issued by the government of Turkey. -(2) The investment vehicle is owned, controlled, or managed by the government of Turkey. -(c) The board shall liquidate investments in Turkey in an investment vehicle described in subdivision (b) -on or before July 1, 2018. -within six months of the passage of a federal law imposing sanctions on Turkey. -In making a determination whether to liquidate investments, the board shall constructively engage with the government of Turkey to establish whether the government of Turkey is transitioning to publicly accepting its responsibility for the Armenian Genocide. -(d) -On or before January 1, 2019, -Within one year of the passage of a federal law imposing sanctions on Turkey, -the board shall file a report with the Legislature, in compliance with Section 9795, and the Governor, that shall include the following: -(1) A list of investment vehicles in Turkey of which the board has liquidated its investments pursuant to subdivision (c). -(2) A list of investment vehicles in Turkey in connection with which the board engaged with the government of Turkey pursuant to subdivision (c), with supporting documentation to substantiate the board’s determination. -(3) A list of investment vehicles in Turkey of which the board has not liquidated its investments as a result of a determination made pursuant to subdivision (e) that a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution and the board’s findings adopted in support of that determination. -(e) Nothing in this section shall require a board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board described in Section 17 of Article XVI of the California Constitution. -SEC. 3. -Section 16642 of the Government Code is amended to read: -16642. -Present, future, and former board members of the Public Employees’ Retirement System or the State Teachers’ Retirement System, jointly and individually, state officers and employees, research firms described in subdivision (d) of Section 7513.6, and investment managers under contract with the Public Employees’ Retirement System or the State Teachers’ Retirement System shall be indemnified from the General Fund and held harmless by the State of California from all claims, demands, suits, actions, damages, judgments, costs, charges, and expenses, including court costs and attorney’s fees, and against all liability, losses, and damages of any nature whatsoever that these present, future, or former board members, officers, employees, research firms as described in subdivision (d) of Section 7513.6, or contract investment managers shall or may at any time sustain by reason of any decision to restrict, reduce, or eliminate investments pursuant to Sections 7513.6, 7513.7, 7513.75, and 7513.76.","The California Constitution grants the retirement board of a public employee retirement system plenary authority and fiduciary responsibility for investment of moneys and administration of the retirement fund and system. The California Constitution qualifies this grant of powers by reserving to the Legislature the authority to prohibit investments if it is in the public interest and the prohibition satisfies standards of fiduciary care and loyalty required of a retirement board. Existing law prohibits the boards of administration of the Public Employees’ Retirement System and State Teachers’ Retirement System from making investments in certain countries and in thermal coal companies, as specified, subject to the boards’ plenary authority and fiduciary responsibility for investment of moneys and administration of the systems. -This bill would prohibit the boards of administration of the Public Employees’ Retirement System and State Teachers’ Retirement System from making additional or new investments, or renewing existing investments, of public employee retirement funds in an investment vehicle in Turkey that is issued by the government of Turkey or that is owned, controlled, or managed by the government of Turkey. The bill would require the boards to liquidate existing investments in Turkey in these types of investment vehicles -on or before July 1, 2018, -within 6 months of the passage of a federal law imposing sanctions on Turkey, -subject to engagement with the government of Turkey regarding whether it is transitioning to publicly accepting its responsibility for the Armenian Genocide. The bill would require these boards, -on or before January 1, 2019, -within one year of the passage of a federal law imposing sanctions on Turkey, -to make a specified report to the Legislature and the Governor regarding these actions. The bill would provide that its provisions do not require a board to take any action that the board determines in good faith is inconsistent with its constitutional fiduciary responsibilities to the retirement system. The bill would indemnify from the General Fund and hold harmless the present, former, and future board members, officers, and employees of, and investment managers under contract with, in connection with actions relating to these investments.","An act to amend Section 16642 of, and to add Section 7513.76 to, the Government Code, relating to public employee retirement systems." -1169,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1305 of the Penal Code is amended to read: -1305. -(a) (1) A court shall in open court declare forfeited the undertaking of bail or the money or property deposited as bail if, without sufficient excuse, a defendant fails to appear for any of the following: -(A) Arraignment. -(B) Trial. -(C) Judgment. -(D) Any other occasion prior to the pronouncement of judgment if the defendant’s presence in court is lawfully required. -(E) To surrender himself or herself in execution of the judgment after appeal. -(2) (A) Notwithstanding paragraph (1), except as provided in subparagraph (B), the court shall not have jurisdiction to declare a forfeiture and the bail shall be released of all obligations under the bond if the case is dismissed or if no complaint is filed within 15 days from the date of arraignment. -(B) The court’s jurisdiction to declare a forfeiture and authority to release bail may be extended for not more than 90 days from the arraignment date originally set by the jailer pursuant to subdivision (a) of Section 1269b if either of the following occur: -(i) The prosecutor requests in writing or in open court that the arraignment be continued to allow the prosecutor time to file the complaint. -(ii) The defendant requests the extension in writing or in open court. -(b) (1) If the amount of the bond or money or property deposited exceeds four hundred dollars ($400), the clerk of the court shall, within 30 days of the forfeiture, mail notice of the forfeiture to the surety or the depositor of money posted instead of bail. At the same time, the court shall mail a copy of the forfeiture notice to the bail agent whose name appears on the bond. The clerk shall also execute a certificate of mailing of the forfeiture notice and shall place the certificate in the court’s file. If the notice of forfeiture is required to be mailed pursuant to this section, the 180-day period provided for in this section shall be extended by a period of five days to allow for the mailing. -(2) If the surety is an authorized corporate surety, and if the bond plainly displays the mailing address of the corporate surety and the bail agent, then notice of the forfeiture shall be mailed to the surety at that address and to the bail agent, and mailing alone to the surety or the bail agent shall not constitute compliance with this section. -(3) The surety or depositor shall be released of all obligations under the bond if any of the following conditions apply: -(A) The clerk fails to mail the notice of forfeiture in accordance with this section within 30 days after the entry of the forfeiture. -(B) The clerk fails to mail the notice of forfeiture to the surety at the address printed on the bond. -(C) The clerk fails to mail a copy of the notice of forfeiture to the bail agent at the address shown on the bond. -(c) (1) If the defendant appears either voluntarily or in custody after surrender or arrest in court within 180 days of the date of forfeiture or within 180 days of the date of mailing of the notice if the notice is required under subdivision (b), the court shall, on its own motion at the time the defendant first appears in court on the case in which the forfeiture was entered, direct the order of forfeiture to be vacated and the bond exonerated. If the court fails to so act on its own motion, then the surety’s or depositor’s obligations under the bond shall be immediately vacated and the bond exonerated. An order vacating the forfeiture and exonerating the bond may be made on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release. -(2) If, within the county where the case is located, the defendant is surrendered to custody by the bail or is arrested in the underlying case within the 180-day period, and is subsequently released from custody prior to an appearance in court, the court shall, on its own motion, direct the order of forfeiture to be vacated and the bond exonerated. If the court fails to so act on its own motion, then the surety’s or depositor’s obligations under the bond shall be immediately vacated and the bond exonerated. An order vacating the forfeiture and exonerating the bond may be made on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release. -(3) If, outside the county where the case is located, the defendant is surrendered to custody by the bail or is arrested in the underlying case within the 180-day period, the court shall vacate the forfeiture and exonerate the bail. -(4) In lieu of exonerating the bond, the court may order the bail reinstated and the defendant released on the same bond if both of the following conditions are met: -(A) The bail is given prior notice of the reinstatement. -(B) The bail has not surrendered the defendant. -(d) In the case of a permanent disability, the court shall direct the order of forfeiture to be vacated and the bail or money or property deposited as bail exonerated if, within 180 days of the date of forfeiture or within 180 days of the date of mailing of the notice, if notice is required under subdivision (b), it is made apparent to the satisfaction of the court that both of the following conditions are met: -(1) The defendant is deceased or otherwise permanently unable to appear in the court due to illness, insanity, or detention by military or civil authorities. -(2) The absence of the defendant is without the connivance of the bail. -(e) (1) In the case of a temporary disability, the court shall order the tolling of the 180-day period provided in this section during the period of temporary disability, provided that it appears to the satisfaction of the court that the following conditions are met: -(A) The defendant is temporarily disabled by reason of illness, insanity, or detention by military or civil authorities. -(B) Based upon the temporary disability, the defendant is unable to appear in court during the remainder of the 180-day period. -(C) The absence of the defendant is without the connivance of the bail. -(2) The period of the tolling shall be extended for a reasonable period of time, at the discretion of the court, after the cessation of the disability to allow for the return of the defendant to the jurisdiction of the court. -(f) In all cases where a defendant is in custody beyond the jurisdiction of the court that ordered the bail forfeited, and the prosecuting agency elects not to seek extradition after being informed of the location of the defendant, the court shall vacate the forfeiture and exonerate the bond on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release. -(g) In all cases of forfeiture where a defendant is not in custody and is beyond the jurisdiction of the state, is temporarily detained, by the bail agent, in the presence of a local law enforcement officer of the jurisdiction in which the defendant is located, and is positively identified by that law enforcement officer as the wanted defendant in an affidavit signed under penalty of perjury, and the prosecuting agency elects not to seek extradition after being informed of the location of the defendant, the court shall vacate the forfeiture and exonerate the bond on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release. -(h) In cases arising under subdivision (g), if the bail agent and the prosecuting agency agree that additional time is needed to return the defendant to the jurisdiction of the court, and the prosecuting agency agrees to the tolling of the 180-day period, the court may, on the basis of the agreement, toll the 180-day period within which to vacate the forfeiture. The court may order tolling for up to the length of time agreed upon by the parties. -(i) As used in this section, “arrest” includes a hold placed on the defendant in the underlying case while he or she is in custody on other charges. -(j) A motion filed in a timely manner within the 180-day period may be heard within 30 days of the expiration of the 180-day period. The court may extend the 30-day period upon a showing of good cause. The motion may be made by the surety insurer,","Existing law generally regulates the provision of bail or bond, including forfeiture, vacation of forfeiture, and exoneration of bail or bond. Existing law requires the court to declare bail to be forfeited if, without sufficient excuse, a defendant fails to appear as specified. Existing law denies the court jurisdiction to declare a forfeiture and requires the bail to be released of all obligations under the bond if the case is dismissed or if no complaint is filed within 15 days from the date of arraignment. -This bill would authorize an extension of the court’s jurisdiction to declare a forfeiture and authority to release bail for not more than 90 days from the date of the arraignment if the arraignment is properly continued to allow the prosecutor time to file the complaint or if the defendant requests the extension in writing or in open court.","An act to amend Section 1305 of the Penal Code, relating to bail." -1170,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 48412 of the Education Code is amended to read: -48412. -(a) (1) A person 16 years of age or older, or who has been enrolled in the 10th grade for one academic year or longer, or who will complete one academic year of enrollment in the 10th grade at the end of the semester during which the next regular examination will be conducted, may have his or her proficiency in basic skills taught in public high schools verified according to criteria established by the department. -(2) The state board shall award a “certificate of proficiency” to persons who demonstrate that proficiency. The certificate of proficiency shall be equivalent to a high school diploma, and the department shall keep a permanent record of the issuance of all certificates. -(b) (1) The department shall develop standards of competency in basic skills taught in public high schools and shall provide for the administration of examinations prepared by or with the approval of the department to verify competency. Regular examinations shall be held once in the fall semester and once in the spring semester of every academic year on a date, as determined by the department, that will enable notification of examinees and the schools they attend, if any, of the results thereof not later than two weeks before the date on which that semester ends in a majority of school districts that maintain high schools. -(2) In addition to regular examinations, the department may, at the discretion of the Superintendent, conduct examinations for all eligible persons once during each summer recess and may conduct examinations at any other time that the Superintendent deems necessary to accommodate eligible persons whose religious convictions or physical handicaps prevent their attending one of the regular examinations. -(c) (1) The department may charge a fee for each examination application in an amount sufficient to recover the costs of administering the requirements of this section. However, the fee shall not exceed an amount equal to the cost of test renewal and administration per examination application. All fees levied and collected pursuant to this section shall be deposited in the State Treasury for remittance to the current support appropriation of the department as reimbursement for costs of administering this section. Any reimbursements collected in excess of actual costs of administration of this section shall be transferred to the unappropriated surplus of the General Fund by order of the Director of Finance. -(2) The department shall not charge the fee to an examinee who meets all of the following criteria: -(A) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), or as a foster youth, as defined in subdivision (h). -(B) The examinee has not attained 25 years of age as of the date of the scheduled examination. -(C) For an examinee who qualifies as a homeless child or youth pursuant to subparagraph (A), the examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this subparagraph. -(3) For purposes of this subdivision, a “homeless services provider” includes either of the following: -(A) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. -(B) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department. -(4) The loss of fees pursuant to paragraph (2), if any, shall be deemed to be a cost of administering this section for purposes of paragraph (1). -(d) (1) The state board shall adopt rules and regulations as necessary for implementation of this section. -(2) Notwithstanding paragraph (1), the state board shall adopt emergency regulations, as necessary, to implement the provisions of subdivision (c), as amended by the act that added this paragraph. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. -(e) The department shall periodically review the effectiveness of the examinations administered pursuant to this section. The costs of this review may be recovered through the fees levied pursuant to subdivision (c). -(f) (1) On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following: -(A) The number of homeless youth and foster youth that took a high school proficiency test in each of the 2016, 2017, and 2018 calendar years. -(B) The impact of the opportunity to take a high school proficiency test at no cost on the number and percentage of homeless youth and foster youth taking a high school proficiency test. -(C) The estimated number of homeless youth and foster youth who may take a high school proficiency test in future years. -(D) Recommendations for a permanent funding source to cover the cost of the waived fees. -(E) The annual and projected administrative cost to the department. -(F) The annual and projected reimbursement to contractors pursuant to this section. -(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code. -(g) Additional state funds shall not be appropriated for purposes of implementing paragraph (2) of subdivision (c). -(h) For purposes of this section, a “foster youth” means any individual who meets or has ever met one of the following criteria: -(1) A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code. -(2) A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code. -SEC. 2. -Section 51421.5 of the Education Code, as added by Section 3 of Chapter 384 of the Statutes of 2015, is amended to read: -51421.5. -(a) If, for purposes of this article, a contractor or testing center charges an examinee its own separate fee, the contractor or testing center shall not charge that fee to an examinee who meets all of the following criteria: -(1) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), or as a foster youth, as defined in subdivision (h). -(2) The examinee has not attained 25 years of age as of the date of the scheduled examination. -(3) For an examinee who qualifies as a homeless child or youth pursuant to paragraph (1), the examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this paragraph. -(b) For purposes of this section, a “homeless services provider” includes either of the following: -(1) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. -(2) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department. -(c) Additional state funds shall not be appropriated for purposes of implementing this section. -(d) Notwithstanding subdivision (c), the Superintendent may use surplus funds in the Special Deposit Fund Account, established pursuant to Section 51427, to reimburse contractors for the loss of fees, if any, pursuant to this section. A contract executed by the department for the provision of examinations pursuant to Section 51421 or this section shall require that any contracting party accept all examinees, including those entitled to a fee waiver pursuant to this section. For purposes of this subdivision, “surplus funds” are funds remaining after the costs permitted by subdivision (a) of Section 51421 are paid. -(e) On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following: -(1) The number of homeless youth and foster youth that took a high school equivalency test in each of the 2016, 2017, and 2018 calendar years. -(2) The impact of the opportunity to take a high school equivalency test at no cost on the number and percentage of homeless youth and foster youth taking a high school equivalency test. -(3) The estimated number of homeless youth and foster youth who may take a high school equivalency test in future years. -(4) Recommendations for a permanent funding source to cover the cost of the waived fees. -(5) The annual and projected administrative cost to the department. -(6) The annual and projected reimbursement to the contractor pursuant to this section. -(f) The Superintendent shall adopt emergency regulations, as necessary, to implement this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. -(g) The department shall include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver pursuant to this section shall be absorbed by the contractor. -(h) For purposes of this section, a “foster youth” means any individual who meets or has ever met one of the following criteria: -(1) A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code. -(2) A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code. -(i) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2020, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 3. -Section 51421.5 of the Education Code, as added by Section 4 of Chapter 384 of the Statutes of 2015, is amended to read: -51421.5. -(a) If, for purposes of this article, a contractor or testing center charges an examinee its own separate fee, the contractor or testing center shall not charge that fee to an examinee who meets all of the following criteria: -(1) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), or as a foster youth, as defined in subdivision (f). -(2) The examinee has not attained 25 years of age as of the date of the scheduled examination. -(3) For an examinee who qualifies as a homeless child or youth pursuant to paragraph (1), the examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this paragraph. -(b) For purposes of this section, a “homeless services provider” includes either of the following: -(1) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. -(2) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department. -(c) Additional state funds shall not be appropriated for purposes of implementing this section. -(d) The Superintendent shall adopt emergency regulations, as necessary, to implement this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. -(e) The department shall include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver pursuant to this section shall be absorbed by the contractor. -(f) For purposes of this section, a “foster youth” means any individual who meets or has ever met one of the following criteria: -(1) A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code. -(2) A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code. -(g) This section shall become operative on July 1, 2019.","Existing law authorizes certain persons, including, among others, any person 16 years of age or older, to have his or her proficiency in basic skills taught in public high schools verified according to criteria established by the State Department of Education. Existing law requires the State Board of Education to award a certificate of proficiency to persons who demonstrate that proficiency. Existing law requires the department to develop standards of competency in basic skills taught in public high schools and to provide for the administration of examinations prepared by, or with the approval of, the department to verify competency. Existing law authorizes the department to charge a fee for each examination application in an amount sufficient to recover the costs of administering the requirements of these provisions but prohibits the fee from exceeding an amount equal to the cost of test renewal and administration per examination application. Existing law prohibits the department from charging the fee to an examinee who qualifies as a homeless child or youth and meets other specified criteria. -This bill would additionally prohibit the department from charging the fee to a foster youth, as defined, who is under 25 years of age. -Existing law separately requires the Superintendent of Public Instruction to issue a high school equivalency certificate and an official score report, or an official score report only, to a person who has not completed high school and who meets specified requirements, including, among others, having taken all or a portion of a general education development test that has been approved by the state board and administered by a testing center approved by the department, with a score determined by the state board to be equal to the standard of performance expected from high school graduates. Existing law authorizes the Superintendent to charge an examinee a one-time fee to pay costs related to administering these provisions and issuing a certificate, as specified. Existing law limits the amount of the fee to $20 per person and requires each scoring contractor to forward that fee to the Superintendent. Existing law prohibits a scoring contractor or testing center that charges its own separate fee from charging that separate fee to an examinee who qualifies as a homeless child or youth, is under 25 years of age, and can verify his or her status as a homeless child or youth. -This bill would additionally prohibit the scoring contractor or testing center from charging the fee to a foster youth, as defined, who is under 25 years of age. -Existing law requires the Superintendent, on or before December 1, 2018, to submit 2 reports to the appropriate policy and fiscal committees of the Legislature, one relating to high school proficiency tests, and one relating to high school equivalency tests, that each include, among other things, the number of homeless youth that took a high school proficiency or equivalency test in each of the 2016, 2017, and 2018 calendar years, and the impact of the opportunity to take a high school proficiency or equivalency test at no cost on the number and percentage of homeless youth taking a high school proficiency or equivalency test. -This bill would require the Superintendent to also incorporate data on high school proficiency or equivalency test examinees who are foster youth, as defined, into each report.","An act to amend Sections 48412 and 51421.5 of the Education Code, relating to pupils." -1171,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 30322 of the -Public Resources Code -is amended to read: -30322. -(a)For purposes of this article, except as provided in subdivision (b), an “ex parte communication” is any oral or written communication between a member of the commission or a member of the commission staff and an interested person, about a matter within the commission’s jurisdiction, which does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. -(b)The following communications are not ex parte communications: -(1)Any communication between a staff member acting in his or her official capacity and any commission member. -(2)Any communication limited entirely to procedural issues, including, but not limited to, the hearing schedule, location, format, or filing date. -(3)Any communication which takes place on the record during an official proceeding of a state, regional, or local agency that involves a member of the commission who also serves as an official of that agency. -(4)Any communication between a member of the commission, with regard to any action of another state agency or of a regional or local agency of which the member is an official, and any other official or employee of that agency, including any person who is acting as an attorney for the agency. -(5)Any communication between a nonvoting commission member and a staff member of a state agency where both the commission member and the staff member are acting in an official capacity. -(6)Any communication to a nonvoting commission member relating to an action pending before the commission, where the nonvoting commission member does not participate in that action, either through written or verbal communication, on or off the record, with other members of the commission. -SEC. 2. -Section 30324 of the -Public Resources Code -is amended to read: -30324. -(a)No commission member or commission staff member, nor any interested person, shall conduct an ex parte communication unless the commission member or commission staff member fully discloses and makes public the ex parte communication by providing a full report of the communication to the executive director within seven days after the communication or, if the communication occurs within seven days of the next commission hearing, to the commission on the record of the proceeding at that hearing. -(b)(1)The commission shall adopt standard disclosure forms for reporting ex parte communications which shall include, but not be limited to, all of the following information: -(A)The date, time, and location of the communication. -(B)(i)The identity of the person or persons initiating and the person or persons receiving the communication. -(ii)The identity of the person on whose behalf the communication was made. -(iii)The identity of all persons present during the communication. -(C)A complete, comprehensive description of the content of the ex parte communication, including a complete set of all text and graphic material that was part of the communication. -(2)The executive director shall place in the public record any report of an ex parte communication. -(c)Communications shall cease to be ex parte communications when fully disclosed and placed in the commission’s official record. -SECTION 1. -Section 30324.1 is added to the Public Resources Code, to read: -30324.1. -A commission staff member shall maintain records of and disclose any communication between the staff member acting in his or her official capacity and an interested person pertaining to a matter before the commission by including the following information in staff reports provided to commission members: -(a) The date of the communication with an interested person. -(b) The name of the interested person with whom the staff member communicated. -(c) The matter to which the communication applies. -(d) A statement of the interested person’s position with regard to the matter discussed and whether he or she represents another person or entity in the matter. -SEC. 3. -SEC. 2. -Section 30325 of the Public Resources Code is amended to read: -30325. -(a) Nothing in this article prohibits any person or any interested person from testifying at a commission hearing, workshop, or other official proceeding, or from submitting written comments for the record on a matter before the commission. -(b) -Transcripts -Video -or audio recordings of all hearings, workshops, or other -written -proceedings shall be -promptly -posted on the commission’s Internet Web site -to allow for public comment. -within 72 hours after the proceeding -. Written and electronic communications that are submitted to the commission as part of any such proceeding shall be posted on the commission’s Internet Web site within seven days of receipt -. -(c) Written comments shall be submitted by mail or delivered to a commission office, or may be delivered to the commission at the time and place of a scheduled hearing or within 30 days after the hearing.","The California Coastal Act of 1976, for purposes of the act, defines an “ex parte communication” as any oral or written communication between a member of the California Coastal Commission and an interested person about a matter within the commission’s jurisdiction, which does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter, but excludes from that definition any communication between a staff member acting in his or her official capacity and any commission member or interested person. The act prohibits a member of the commission and an interested person from conducting an ex parte communication, unless the member fully discloses and makes public the ex parte communication, as specified. -This bill would also make provisions prohibiting ex parte communications applicable to communications between a commission staff member and an interested party. -This bill would require commission staff members to maintain records and disclose any communication with an interested person pertaining to a matter before the commission by including specified information about the communication in staff reports provided to commission members. -Existing law authorizes any person to testify at a hearing or other official proceeding of the commission and to submit written comments for the record on a matter before the commission. -This bill would require -transcripts -video -or audio recordings of those proceedings to be -promptly -posted on the commission’s Internet Web site -to allow for public comment, as specified. -within 72 hours after the proceeding -and would require written and electronic communications submitted to the commission as part of those proceedings to be posted on the commission’s Internet Web site within 7 days of receipt -.","An act to amend -Sections 30322, 30324, and -Section -30325 -of -of, and to add Section 30324.1 to, -the Public Resources Code, relating to the California Coastal Commission." -1172,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares that it is the policy of the State of California to ensure that all persons have the full benefit of the rights, penalties, remedies, forums, and procedures established by the Unruh Civil Rights Act and that individuals shall not be deprived of those rights, penalties, remedies, forums, or procedures through the use of involuntary or coerced waivers. -(b) It is the purpose of this act to ensure that a contract to waive any of the rights, penalties, remedies, forums, or procedures under the Unruh Civil Rights Act, including any provision that has the effect of limiting the full application or enforcement of any right, remedy, forum, or procedure available under the Unruh Civil Rights Act, is a matter of voluntary consent, not coercion. -SEC. 2. -Section 51 of the Civil Code is amended to read: -51. -(a) This section shall be known, and may be cited, as the Unruh Civil Rights Act. -(b) All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. -(c) This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information. -(d) Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws. -(e) For purposes of this section: -(1) “Disability” means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code. -(2) (A) “Genetic information” means, with respect to any individual, information about any of the following: -(i) The individual’s genetic tests. -(ii) The genetic tests of family members of the individual. -(iii) The manifestation of a disease or disorder in family members of the individual. -(B) “Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. -(C) “Genetic information” does not include information about the sex or age of any individual. -(3) “Medical condition” has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code. -(4) “Religion” includes all aspects of religious belief, observance, and practice. -(5) “Sex” includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. -(6) “Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status” includes a perception that the person has any particular characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories. -(7) “Sexual orientation” has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code. -(f) A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section. -(g) Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section. -(h) Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632. -(i) (1) A person shall not require another person to waive any legal right, penalty, remedy, forum, or procedure for a violation of this section, as a condition of entering into a contract for goods or services, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Department of Fair Employment and Housing, or any court or other governmental entity. -(2) A person shall not refuse to enter into a contract with, or refuse to provide goods or services to, another person on the basis that the other person refuses to waive any legal right, penalty, remedy, forum, or procedure for a violation of this section, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Department of Fair Employment and Housing, or any other governmental entity. -(3) Any waiver of any legal right, penalty, remedy, forum, or procedure for a violation of this section, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Department of Fair Employment and Housing, or any other governmental entity shall be knowing and voluntary, and in writing, and expressly not made as a condition of entering into a contract for goods or services or as a condition of providing or receiving goods and services. This paragraph shall not affect any legal right, penalty, forum, or procedure for which state or federal law prohibits waiver. -(4) Any waiver of any legal right, penalty, remedy, forum, or procedure for a violation of this section that is required as a condition of entering into a contract for goods or services shall be deemed involuntary, unconscionable, against public policy, and unenforceable. Nothing in this subdivision shall affect the enforceability or validity of any other provision of the contract. -(5) Any person who seeks to enforce a waiver of any legal right, penalty, remedy, forum, or procedure for a violation of this section shall have the burden of proving that the waiver was knowing and voluntary and not made as a condition of the contract or of providing or receiving the goods or services. -(6) This subdivision shall apply to any agreement to waive any legal right, penalty, remedy, forum, or procedure for a violation of this section, including an agreement to accept private arbitration, entered into, altered, modified, renewed, or extended on or after January 1, 2017. -(7) In addition to injunctive relief and any other remedies available, a court may award a plaintiff enforcing his or her rights under this section reasonable attorney’s fees. -(8) The provisions of this subdivision are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. -(j) Nothing in this section shall prohibit a person from knowingly and voluntarily entering into binding arbitration.","The Unruh Civil Rights Act provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. -This bill would require a waiver of a legal right, penalty, remedy, forum, or procedure for a violation of the Unruh Civil Rights Act, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Department of Fair Employment and Housing, or any other governmental entity, to be knowing and voluntary, in writing, and expressly not made as a condition of entering into a contract for goods or services or as a condition of providing or receiving goods and services. The bill, among other things, would require a person who seeks to enforce a waiver of any legal right, penalty, remedy, forum, or procedure for a violation of the act to have the burden of proving that the waiver was knowing and voluntary and not made as a condition of the contract or of providing or receiving the goods or services. The bill would provide that, with certain exceptions, it applies to any agreement to waive a legal right, penalty, remedy, forum, or procedure for a violation of the act, including an agreement to accept private arbitration, entered into, altered, modified, renewed, or extended on or after January 1, 2017. -The bill -would provide that nothing in these provisions shall prohibit a person from knowingly and voluntarily entering into binding arbitration. -The bill also would make findings and declarations.","An act to amend Section 51 of the Civil Code, relating to civil rights." -1173,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6377.5 is added to the Revenue and Taxation Code, to read: -6377.5. -(a) On and after January 1, 2017, -and before January 1, 2030, -there are exempted from the taxes imposed by this part -the -both of the following: -(1) The -gross receipts from the sale -of, and the -of hydrogen refueling station equipment to a qualified grant recipient. -(2) The -storage, use, or other consumption in this state -of, -of -hydrogen refueling station equipment -to or -by a qualified grant -recipient before January 1, 2030. -recipient. -(b) As used in this section, the following definitions shall apply: -(1) “Qualified grant recipient” means a person who has received a grant pursuant to Section 44272 of the Health and Safety Code for the development of hydrogen refueling stations within this state. -(2) “Hydrogen refueling station” means any motor vehicle fueling station which provides hydrogen fuel, either exclusively or concurrently with other motor vehicle fuels, for use by fuel cell electric vehicles. -(3) “Hydrogen refueling station equipment” means any of the following: -(A) Equipment, including, but not limited to, machinery, devices, contrivances, and component, repair, or replacement parts, whether purchased separately or in conjunction with a complete machine and regardless of whether the equipment or component parts are assembled by the grant recipient or another party, to be located at a hydrogen refueling station within this state and used exclusively for the distribution, dispensing, storage, or production of hydrogen fuel for fuel cell electric vehicles, including, but not limited to, pressurized storage, compression, pre-cooling, and pumping of hydrogen fuel. -(B) Personal property that is software or software services, regardless of location, and computer, computer-type, or data processing hardware or hardware services, regardless of location, that is used exclusively for the distribution, dispensing, storage, or production of hydrogen fuel at a hydrogen refueling station for fuel cell electric vehicles. -(C) Any other personal property required to operate, control, regulate, or maintain the hydrogen refueling station equipment set forth in subparagraph (A) or (B). -(4) “Fuel cell” means a device that directly or indirectly creates electricity through an electrochemical process using hydrogen, or hydrogen-rich, fuel and oxygen or another oxidizing agent. -SEC. 2. -Section 17053.55 is added to the Revenue and Taxation Code, to read: -17053.55. -(a) For the taxable years beginning on or after January 1, 2016, and before January 1, 2017, there shall be allowed to a qualified grant recipient a credit against the “net tax,” as defined in Section 17039, for the taxable year, in an amount equal to the sum of sales tax reimbursements and use taxes previously paid during the period from January 1, 2014, to January 1, 2017, by the qualified grant recipient for hydrogen refueling station equipment. -(b) For the purposes of this section, the terms “qualified grant recipient” and “hydrogen refueling station equipment” have the same meanings as specified in Section 6377.5. -(c) In the case of a pass-thru entity, a credit under this section shall be allowed to the pass-thru entity and passed through to the partners or shareholders in accordance with the applicable provisions of this part. As used in this subdivision, “pass-thru entity” means any partnership or “S” corporation. -(d) If a credit otherwise allowed by this section exceeds the “net tax” for the taxable year, that portion of the credit that exceeds the “net tax” may be carried over and added to the credit in the succeeding taxable years, if necessary, until the credit is exhausted. -(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. -(f) Section 41 does not apply to the credit allowed by this section. -(g) This section shall remain in effect only until December 1, 2017, and as of that date is repealed. -SEC. 3. -Section 23655 is added to the Revenue and Taxation Code, to read: -23655. -(a) For the taxable years beginning on or after January 1, 2016, and before January 1, 2017, there shall be allowed to a qualified grant recipient a credit against the “tax,” as defined in Section 23036, for the taxable year in an amount equal to the sum of sales tax reimbursements and use taxes previously paid during the period from January 1, 2014, to January 1, 2017, by the qualified grant recipient for hydrogen refueling station equipment. -(b) For the purposes of this section, the terms “qualified grant recipient” and “hydrogen refueling station equipment” have the same meanings as specified in Section 6377.5. -(c) In the case of a pass-thru entity, a credit under this section shall be allowed to the pass-thru entity and passed through to the partners or shareholders in accordance with the applicable provisions of this part. As used in this subdivision, “pass-thru entity” means any partnership. -(d) If a credit otherwise allowed by this section exceeds the “tax” for the taxable year, that portion of the credit that exceeds the “tax” may be carried over and added to the credit in the succeeding taxable years, if necessary, until the credit is exhausted. -(e) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. -(f) Section 41 does not apply to the credit allowed by this section. -(g) This section shall remain in effect only until December 1, 2017, and as of that date is repealed. -SEC. 4. -Notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any sales and use tax revenues lost by it under this act. -SEC. 5. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","(1) Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Existing law provides various exemptions from the taxes imposed by those laws. -This bill, on and after January 1, 2017, and before January 1, 2030, would exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption in this state of, hydrogen refueling station equipment, as defined, purchased by a recipient of a grant pursuant to the Alternative and Renewable Fuel and Vehicle Technology Program for the development of hydrogen refueling stations. -The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to state sales and use taxes are incorporated into these laws. -Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. -This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill. -(2) The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. -This bill would allow to a grant recipient described above a credit against those taxes for the taxable years beginning on or after January 1, 2016, and before January 1, 2017, for an amount equal to the sum of the sales tax reimbursements or use taxes previously paid by a grant recipient for hydrogen refueling station equipment during the period from January 1, 2014, to January 1, 2017, as provided. The bill would repeal these provisions as of December 1, 2017. -(3) This bill would take effect immediately as a tax levy.","An act to add Section 6377.5 to, and to add and repeal Sections 17053.55 and 23655 of, the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -1174,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17052.6 of the Revenue and Taxation Code is amended to read: -17052.6. -(a) For each taxable year beginning on or after January 1, 2000, there shall be allowed as a credit against the “net -tax”, -tax, -” -as defined in Section 17039, an amount determined in accordance with Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, except that the amount of the credit shall be a percentage, as provided in subdivision (b) of the allowable federal credit without taking into account whether there is a federal tax liability. -(b) For the purposes of subdivision (a), the percentage of the allowable federal credit shall be determined as follows: -(1) For taxable years beginning before January 1, 2003: - -If the adjusted gross income is: -The percentage of -credit is: -$40,000 or less ........................ -63% -Over $40,000 but not over $70,000 ........................ -53% -Over $70,000 but not over $100,000 ........................ -42% -Over $100,000 ........................ -0% -(2) For taxable years beginning on or after January 1, 2003, and before January 1, 2016: - -If the adjusted gross income is: -The percentage of -credit is: -$40,000 or less ........................ -50% -Over $40,000 but not over $70,000 ........................ -43% -Over $70,000 but not over $100,000 ........................ -34% -Over $100,000 ........................ -0% -(3) For taxable years beginning on or after January 1, -2016: -2016, and before January 1, 2019: - -If the adjusted gross income is: -The percentage of -credit is: -$100,000 or less -200% -Over $100,000 but not over $125,000 -100% -Over $125,000 but not over $150,000 -50% -Over $150,000 -0% - -If the adjusted gross income is: -The percentage of -credit is: - -If the adjusted gross income is: -The percentage of -credit is: - -If the adjusted gross income is: -The percentage of -credit is: -$40,000 or less ........................ -65% -Over $40,000 but not over $70,000 ........................ -50% -Over $70,000 but not over $100,000 ........................ -34% -Over $100,000 ........................ -0% -(4) For taxable years beginning on or after January 1, 2019: - -If the adjusted gross income is: -The percentage of -credit is: -$40,000 or less ........................ -50% -Over $40,000 but not over $70,000 ........................ -43% -Over $70,000 but not over $100,000 ........................ -34% -Over $100,000 ........................ -0% -(c) For purposes of this section, “adjusted gross income” means adjusted gross income as computed for purposes of paragraph (2) of subdivision (h) of Section 17024.5. -(d) The credit authorized by this section shall be limited, as follows: -(1) Employment-related expenses, within the meaning of Section 21 of the Internal Revenue Code, relating to expenses for household and dependent care services necessary for gainful employment, shall be limited to expenses for household services and care provided in this state. -(2) Earned income, within the meaning of Section 21(d) of the Internal Revenue Code, relating to earned income limitation, shall be limited to earned income subject to tax under this part. For purposes of this paragraph, compensation received by a member of the -armed forces -Armed Forces -for active services as a member of the -armed forces, -Armed Forces, -other than pensions or retired pay, shall be considered earned income subject to tax under this part, whether or not the member is domiciled in this state. -(e) For purposes of this section, Section 21(b)(1) of the Internal Revenue Code, relating to a qualifying individual, is modified to additionally provide that a child, as defined in Section -152(c)(3) -152(f)(1) -of the Internal Revenue Code, relating to -age requirements, -child defined, -shall be treated, for purposes of Section 152 of the Internal Revenue Code, relating to dependent defined, as applicable for purposes of this section, as receiving over one-half of his or her support during the calendar year from the parent having custody for a greater portion of the calendar year, that parent shall be treated as a “custodial parent,” within the meaning of Section 152(e) of the Internal Revenue Code, relating to special rule for divorced parents, etc., as applicable for purposes of this section, and the child shall be treated as a qualifying individual under Section 21(b)(1) of the Internal Revenue Code, relating to qualifying individual, as applicable for purposes of this section, if both of the following apply: -(1) The child receives over one-half of his or her support during the calendar year from his or her parents who never married each other and who lived apart at all times during the last six months of the calendar year. -(2) The child is in the custody of one or both of his or her parents for more than one-half of the calendar year. -(f) The amendments to this section made by Section 1.5 of Chapter 824 of the Statutes of 2002 shall apply only to taxable years beginning on or after January 1, 2002. -(g) The amendments made to this section by Chapter 14 of the Statutes of 2011 shall apply to taxable years beginning on or after January 1, 2011. -SEC. 2. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The Personal Income Tax Law, in modified conformity to federal income tax law, authorizes a credit for household and dependent care expenses necessary for gainful employment, as provided. That law provides that the amount of the state credit is a percentage of the allowable federal credit determined on the basis of the amount of federal adjusted gross income earned, as provided. -This bill, for taxable years beginning on or after January 1, 2016, -and before January 1, 2019, -would increase the amount of the applicable state credit percentage -and revise adjusted gross income amounts, as provided. -for taxpayers with adjusted gross income amounts of $70,000 or less, as provided. -This bill would take effect immediately as a tax levy.","An act to amend Section 17052.6 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -1175,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19620.2 of the Business and Professions Code is amended to read: -19620.2. -(a) (1) Any unallocated balance from Section 19620.1 and any revenue deposited in the Fair and Exposition Fund pursuant to Section 7101.4 of the Revenue and Taxation Code is hereby appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs for fair projects involving public health and safety, for fair projects involving major and deferred maintenance, for fair projects necessary due to any emergency, for projects that are required by physical changes to the fair site, for projects that are required to protect the fair property or installation, such as fencing and flood protection, and for the acquisition or improvement of any property or facility that will serve to enhance the operation of the fair. -(2) Any revenues deposited into the Fair and Exposition Fund pursuant to Section 7101.4 of the Revenue and Taxation Code shall not be allocated to any fair located in the County of Los Angeles. -(3) Any revenues deposited into the Fair and Exposition Fund pursuant to Section 7101.4 of the Revenue and Taxation Code shall only be allocated to a state-designated fair if nonmanagement employees at that state-designated fair, or nonmanagement employees at any real property of that state-designated fair that is leased to another party, are provided the following working conditions: -(A) The employee receives a meal period of not less than 30 minutes for a work period of more than five hours per day, unless the work period per day of the employee is less than six hours and the meal period is waived by mutual consent of both the employer and the employee. -(B) The employee receives a second meal period of not less than 30 minutes for a work period of more than 10 hours per day, unless the work period per day of the employee is less than 12 hours, the second meal period is waived by mutual consent of both the employer and the employee, and the first meal period was not waived. -(C) Any work in excess of eight hours in one workday, any work in excess of 40 hours in any one workweek, and the first eight hours worked on the seventh day of work in any one workweek is compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. -(D) Any work in excess of 12 hours in one day is compensated at the rate of no less than twice the regular rate of pay for an employee. -(E) Any work in excess of eight hours on any seventh day of a workweek is compensated at the rate of no less than twice the regular rate of pay for an employee. -(b) A portion of the funds subject to allocation pursuant to subdivision (a) may be allocated to California fairs for general operational support. It is the intent of the Legislature that these moneys be used primarily for those fairs whose sources of revenue may be limited for purposes specified in this section. -(c) This section shall be repealed on January 1, 2022. -SEC. 2. -Section 19620.2 is added to the Business and Professions Code, to read: -19620.2. -(a) Any unallocated balance from Section 19620.1 is hereby appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs for fair projects involving public health and safety, for fair projects involving major and deferred maintenance, for fair projects necessary due to any emergency, for projects that are required by physical changes to the fair site, for projects that are required to protect the fair property or installation, such as fencing and flood protection, and for the acquisition or improvement of any property or facility that will serve to enhance the operation of the fair. -(b) A portion of the funds subject to allocation pursuant to subdivision (a) may be allocated to California fairs for general operational support. It is the intent of the Legislature that these moneys be used primarily for those fairs whose sources of revenue may be limited for purposes specified in this section. -(c) This section shall become operative on January 1, 2022. -SEC. 3. -Section 6453.1 is added to the Revenue and Taxation Code, to read: -6453.1. -(a) For purposes of this part only, the return shall segregate the gross receipts of the seller and the sales price of the property when the place of sale in this state or use in this state for purposes of this part is on or within the real property of a state-designated fair or any real property of a state-designated fair that is leased to another party. -(b) For purposes of this section, “state-designated fair” means a state designated fair as defined in Sections 19418, 19418.1, 19418.2, and 19418.3 of the Business and Professions Code, excluding any fair located in the County of Los Angeles. -(c) Notwithstanding any provision of the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) or the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), this section shall not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws. -(d) This section shall be repealed on January 1, 2022. -SEC. 4. -Section 7101.4 is added to the Revenue and Taxation Code, to read: -7101.4. -(a) Notwithstanding Section 7101 or any other law, except as otherwise required to be transferred pursuant to the California Constitution or Sections -6051.2, -6051.8, 6051.15, -6201.2, -6201.8, -6201.15, and 7101.3 -and 6201.15 -or subdivision (a) of Section 7102, 30 percent of all revenues, less refunds and costs of administration, derived under this part that were segregated pursuant to Section 6453.1, upon receipt shall be transferred to the Fair and Exposition Fund in the State Treasury. Any amounts deposited in the Fair and Exposition Fund pursuant to this section shall be continuously appropriated and allocated as provided in Section 19620.2 of the Business and Professions Code. -(b) This section shall be repealed on January 1, 2022.","Existing law establishes the Fair and Exposition Fund to, among other things, allocate moneys for the support of the network of California fairs. The balance of moneys in that fund, after appropriation by the Legislature for specified oversight and auditing costs, are continuously appropriated for capital outlay for specified fair projects. Existing sales and use laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state measured by sales price, and requires that revenues, less refunds, derived from a specified rate of that tax be transferred to specified funds and then the balance to the General Fund. -This bill would require a tax return filed for the purposes of the Sales and Use Tax Law to segregate the gross receipts of the seller and the sales price of the property on a form prescribed by the State Board of Equalization when the place of sale or use in this state is on or within the real property of a state-designated fair, as defined, which excludes any fair located in the County of Los Angeles, or any real property of a state-designated fair that is leased to another party. -The bill would require, except as specified, that 30% of all revenues, less refunds and costs of administration, derived from those segregated sales and use tax amounts that would have been deposited into the General Fund instead be deposited into the Fair and Exposition Fund and continuously appropriated for allocation by the Secretary of Food and Agriculture for specified fair -projects. -projects and subject to certain conditions. -The bill would repeal these provisions on January 1, 2022.","An act to amend, repeal, and add Section 19620.2 of the Business and Professions Code, and to add and repeal Sections 6453.1 and 7101.4 of the Revenue and Taxation Code, relating to state-designated fairs, and making an appropriation therefor." -1176,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 19353 of the Business and Professions Code is amended to read: -19353. -Beginning on March 1, 2023, and on or before March 1 of each year thereafter, each licensing authority shall prepare and submit to the Legislature an annual report on the authority’s activities, in compliance with Section 9795 of the Government Code, and post the report on the authority’s Internet Web site. The report shall include, but not be limited to, the following information for the previous fiscal year: -(a) The amount of funds allocated and spent by the licensing authority for medical cannabis licensing, enforcement, and administration. -(b) The number of state licenses issued, renewed, denied, suspended, and revoked, by state license category. -(c) The average time for processing state license applications, by state license category. -(d) The number of appeals from the denial of state licenses or other disciplinary actions taken by the licensing authority and the average time spent on these appeals. -(e) The number of complaints submitted by citizens or representatives of cities or counties regarding licensees, provided as both a comprehensive statewide number and by geographical region. -(f) The number and type of enforcement activities conducted by the licensing authorities and by local law enforcement agencies in conjunction with the licensing authorities or the bureau. -(g) The number, type, and amount of penalties, fines, and other disciplinary actions taken by the licensing authorities. -SEC. 2. -Section 11362.775 of the Health and Safety Code is amended to read: -11362.775. -(a) Subject to subdivision (d), qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order collectively or cooperatively to cultivate cannabis for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570. -(b) A collective or cooperative that operates pursuant to this section and manufactures medical cannabis products shall not, solely on the basis of that fact, be subject to state criminal sanctions under Section 11379.6 if the collective or cooperative abides by all of the following requirements: -(1) The collective or cooperative does either or both of the following: -(A) Utilizes only manufacturing processes that are either solventless or that employ only nonflammable, nontoxic solvents that are generally recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.). -(B) Utilizes only manufacturing processes that use solvents exclusively within a closed-loop system that meets all of the following requirements: -(i) The system uses only solvents that are generally recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.). -(ii) The system is designed to recapture and contain solvents during the manufacturing process, and otherwise prevent the off-gassing of solvents into the ambient atmosphere to mitigate the risks of ignition and explosion during the manufacturing process. -(iii) A licensed engineer certifies that the system was commercially manufactured, safe for its intended use, and built to codes of recognized and generally accepted good engineering practices, including, but not limited to, the American Society of Mechanical Engineers (ASME), the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or OSHA Nationally Recognized Testing Laboratories (NRTLs). -(iv) The system has a certification document that contains the signature and stamp of a professional engineer and the serial number of the extraction unit being certified. -(2) The collective or cooperative receives and maintains approval from the local fire official for the closed-loop system, other equipment, the extraction operation, and the facility. -(3) The collective or cooperative meets required fire, safety, and building code requirements in one or more of the following: -(A) The California Fire Code. -(B) The National Fire Protection Association (NFPA) standards. -(C) International Building Code (IBC). -(D) The International Fire Code (IFC). -(E) Other applicable standards, including complying with all applicable fire, safety, and building codes in processing, handling, and storage of solvents or gasses. -(4) The collective or cooperative is in possession of a valid seller’s permit issued by the State Board of Equalization. -(5) The collective or cooperative is in possession of a valid local license, permit, or other authorization specific to the manufacturing of medical cannabis products, and in compliance with any additional conditions imposed by the city or county issuing the local license, permit, or other authorization. -(c) For purposes of this section, “manufacturing” means compounding, converting, producing, deriving, processing, or preparing, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, medical cannabis products. -(d) This section shall remain in effect only until one year after the Bureau of Medical Cannabis Regulation posts a notice on its Internet Web site that the licensing authorities have commenced issuing licenses pursuant to the Medical Cannabis Regulation and Safety Act (Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code). -(e) This section is repealed one year after the date upon which the notice is posted pursuant to subdivision (d). -SEC. 3. -Section 11362.9 of the Health and Safety Code is amended to read: -11362.9. -(a) (1) It is the intent of the Legislature that the state commission objective scientific research by the premier research institute of the world, the University of California, regarding the efficacy and safety of administering marijuana as part of medical treatment. If the Regents of the University of California, by appropriate resolution, accept this responsibility, the University of California shall create a program, to be known as the California Marijuana Research Program. -(2) The program shall develop and conduct studies intended to ascertain the general medical safety and efficacy of marijuana and, if found valuable, shall develop medical guidelines for the appropriate administration and use of marijuana. The studies may include studies to ascertain the effect of marijuana on motor skills. -(b) The program may immediately solicit proposals for research projects to be included in the marijuana studies. Program requirements to be used when evaluating responses to its solicitation for proposals, shall include, but not be limited to, all of the following: -(1) Proposals shall demonstrate the use of key personnel, including clinicians or scientists and support personnel, who are prepared to develop a program of research regarding marijuana’s general medical efficacy and safety. -(2) Proposals shall contain procedures for outreach to patients with various medical conditions who may be suitable participants in research on marijuana. -(3) Proposals shall contain provisions for a patient registry. -(4) Proposals shall contain provisions for an information system that is designed to record information about possible study participants, investigators, and clinicians, and deposit and analyze data that accrues as part of clinical trials. -(5) Proposals shall contain protocols suitable for research on marijuana, addressing patients diagnosed with acquired immunodeficiency syndrome (AIDS) or human immunodeficiency virus (HIV), cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The proposal may also include research on other serious illnesses, provided that resources are available and medical information justifies the research. -(6) Proposals shall demonstrate the use of a specimen laboratory capable of housing plasma, urine, and other specimens necessary to study the concentration of cannabinoids in various tissues, as well as housing specimens for studies of toxic effects of marijuana. -(7) Proposals shall demonstrate the use of a laboratory capable of analyzing marijuana, provided to the program under this section, for purity and cannabinoid content and the capacity to detect contaminants. -(c) In order to ensure objectivity in evaluating proposals, the program shall use a peer review process that is modeled on the process used by the National Institutes of Health, and that guards against funding research that is biased in favor of or against particular outcomes. Peer reviewers shall be selected for their expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the applicants or the topic of an approach taken in the proposed research. Peer reviewers shall judge research proposals on several criteria, foremost among which shall be both of the following: -(1) The scientific merit of the research plan, including whether the research design and experimental procedures are potentially biased for or against a particular outcome. -(2) Researchers’ expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the topic of, and the approach taken in, the proposed research. -(d) If the program is administered by the Regents of the University of California, any grant research proposals approved by the program shall also require review and approval by the research advisory panel. -(e) It is the intent of the Legislature that the program be established as follows: -(1) The program shall be located at one or more University of California campuses that have a core of faculty experienced in organizing multidisciplinary scientific endeavors and, in particular, strong experience in clinical trials involving psychopharmacologic agents. The campuses at which research under the auspices of the program is to take place shall accommodate the administrative offices, including the director of the program, as well as a data management unit, and facilities for storage of specimens. -(2) When awarding grants under this section, the program shall utilize principles and parameters of the other well-tested statewide research programs administered by the University of California, modeled after programs administered by the National Institutes of Health, including peer review evaluation of the scientific merit of applications. -(3) The scientific and clinical operations of the program shall occur, partly at University of California campuses, and partly at other postsecondary institutions, that have clinicians or scientists with expertise to conduct the required studies. Criteria for selection of research locations shall include the elements listed in subdivision (b) and, additionally, shall give particular weight to the organizational plan, leadership qualities of the program director, and plans to involve investigators and patient populations from multiple sites. -(4) The funds received by the program shall be allocated to various research studies in accordance with a scientific plan developed by the Scientific Advisory Council. As the first wave of studies is completed, it is anticipated that the program will receive requests for funding of additional studies. These requests shall be reviewed by the Scientific Advisory Council. -(5) The size, scope, and number of studies funded shall be commensurate with the amount of appropriated and available program funding. -(f) All personnel involved in implementing approved proposals shall be authorized as required by Section 11604. -(g) Studies conducted pursuant to this section shall include the greatest amount of new scientific research possible on the medical uses of, and medical hazards associated with, marijuana. The program shall consult with the Research Advisory Panel analogous agencies in other states, and appropriate federal agencies in an attempt to avoid duplicative research and the wasting of research dollars. -(h) The program shall make every effort to recruit qualified patients and qualified physicians from throughout the state. -(i) The marijuana studies shall employ state-of-the-art research methodologies. -(j) The program shall ensure that all marijuana used in the studies is of the appropriate medical quality and shall be obtained from the National Institute on Drug Abuse or any other federal agency designated to supply marijuana for authorized research. If these federal agencies fail to provide a supply of adequate quality and quantity within six months of the effective date of this section, the Attorney General shall provide an adequate supply pursuant to Section 11478. -(k) The program may review, approve, or incorporate studies and research by independent groups presenting scientifically valid protocols for medical research, regardless of whether the areas of study are being researched by the committee. -(l) (1) To enhance understanding of the efficacy and adverse effects of marijuana as a pharmacological agent, the program shall conduct focused controlled clinical trials on the usefulness of marijuana in patients diagnosed with AIDS or HIV, cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The program may add research on other serious illnesses, provided that resources are available and medical information justifies the research. The studies shall focus on comparisons of both the efficacy and safety of methods of administering the drug to patients, including inhalational, tinctural, and oral, evaluate possible uses of marijuana as a primary or adjunctive treatment, and develop further information on optimal dosage, timing, mode of administration, and variations in the effects of different cannabinoids and varieties of marijuana. -(2) The program shall examine the safety of marijuana in patients with various medical disorders, including marijuana’s interaction with other drugs, relative safety of inhalation versus oral forms, and the effects on mental function in medically ill persons. -(3) The program shall be limited to providing for objective scientific research to ascertain the efficacy and safety of marijuana as part of medical treatment, and should not be construed as encouraging or sanctioning the social or recreational use of marijuana. -(m) (1) Subject to paragraph (2), the program shall, prior to any approving proposals, seek to obtain research protocol guidelines from the National Institutes of Health and shall, if the National Institutes of Health issues research protocol guidelines, comply with those guidelines. -(2) If, after a reasonable period of time of not less than six months and not more than a year has elapsed from the date the program seeks to obtain guidelines pursuant to paragraph (1), no guidelines have been approved, the program may proceed using the research protocol guidelines it develops. -(n) In order to maximize the scope and size of the marijuana studies, the program may do any of the following: -(1) Solicit, apply for, and accept funds from foundations, private individuals, and all other funding sources that can be used to expand the scope or timeframe of the marijuana studies that are authorized under this section. The program shall not expend more than 5 percent of its General Fund allocation in efforts to obtain money from outside sources. -(2) Include within the scope of the marijuana studies other marijuana research projects that are independently funded and that meet the requirements set forth in subdivisions (a) to (c), inclusive. In no case shall the program accept any funds that are offered with any conditions other than that the funds be used to study the efficacy and safety of marijuana as part of medical treatment. Any donor shall be advised that funds given for purposes of this section will be used to study both the possible benefits and detriments of marijuana and that he or she will have no control over the use of these funds. -(o) (1) Within six months of the effective date of this section, the program shall report to the Legislature, the Governor, and the Attorney General on the progress of the marijuana studies. -(2) Thereafter, the program shall issue a report to the Legislature every six months detailing the progress of the studies. The interim reports required under this paragraph shall include, but not be limited to, data on all of the following: -(A) The names and number of diseases or conditions under study. -(B) The number of patients enrolled in each study by disease. -(C) Any scientifically valid preliminary findings. -(p) If the Regents of the University of California implement this section, the President of the University of California shall appoint a multidisciplinary Scientific Advisory Council, not to exceed 15 members, to provide policy guidance in the creation and implementation of the program. Members shall be chosen on the basis of scientific expertise. Members of the council shall serve on a voluntary basis, with reimbursement for expenses incurred in the course of their participation. The members shall be reimbursed for travel and other necessary expenses incurred in their performance of the duties of the council. -(q) No more than 10 percent of the total funds appropriated may be used for all aspects of the administration of this section. -(r) This section shall be implemented only to the extent that funding for its purposes is appropriated by the Legislature in the annual Budget Act.","(1) Existing law, the Medical Marijuana Regulation and Safety Act (MMRSA), provides for the licensure of persons engaged in specified activities relating to medical marijuana and establishes other regulatory provisions. That act also requires each licensing authority to prepare and submit to the Legislature an annual report on the authority’s activities and post the report on the authority’s Internet Web site. -This bill would require the report to also include the number of appeals from the denial of state licenses or other disciplinary actions taken by the licensing authority, the average time spent on these appeals, and the number of complaints submitted by citizens or representatives of cities or counties regarding licensees, as specified. -(2) Existing law authorizes the creation by the University of California of the California Marijuana Research Program, the purpose of which is to develop and conduct studies intended to ascertain the general medical safety and efficacy of marijuana, and if found valuable, to develop medical guidelines for the appropriate administration and use of marijuana. -This bill would specify that the studies may include studies to ascertain the effect of marijuana on motor skills. -(3) Existing law, until one year after the Bureau of Medical Cannabis Regulation posts a notice on its Internet Web site that licensing authorities have commenced issuing licenses pursuant to the MMRSA, exempts cooperatives and collectives who cultivate medical cannabis for qualified patients from criminal sanctions for specified activities related to the growing, sale, and distribution of marijuana. -This bill, during that same period, would exempt collectives and cooperatives that manufacture medical cannabis products from criminal sanctions for manufacturing medical cannabis if the cooperative or collective meets specified requirements, including using specified manufacturing processes and possessing a valid local license, permit, or other authorization.","An act to amend Section 19353 of the Business and Professions Code, and to amend Sections 11362.775 and 11362.9 of the Health and Safety Code, relating to medical marijuana." -1177,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 23152 of the Vehicle Code is amended to read: -23152. -(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. -(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. -For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. -In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. -(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code. -(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. -(e) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. -(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle. -(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle. -SEC. 2. -Section 23153 of the Vehicle Code is amended to read: -23153. -(a) It is unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. -(b) It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. -In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving. -(c) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated. -(d) It is unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210 and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving. -(e) Commencing July 1, 2018, it shall be unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense, and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving. -(f) It is unlawful for a person, while under the influence of any drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. -(g) It is unlawful for a person, while under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law makes it unlawful for a person who is under the influence of any alcoholic beverage or drug to drive a vehicle. Existing law makes it unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined. Existing law also makes it unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle and concurrently do any act forbidden by law or neglect any duty imposed by law that proximately causes bodily injury to another person other than the driver. -This bill would make it unlawful, commencing July 1, 2018, for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire, as defined, is a passenger in the vehicle at the time of the offense. The bill would also make it unlawful, commencing July 1, 2018, for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle, as specified, and concurrently do any act or neglect any duty that proximately causes bodily injury to another person other than the driver. Because this bill would expand the application of a crime to more people, it would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 23152 and 23153 of the Vehicle Code, relating to vehicles." -1178,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 130232 of the Public Utilities Code is amended to read: -130232. -(a) Except as provided in subdivision (f), purchase of all supplies, equipment, and materials, and the construction of all facilities and works, when the expenditure required exceeds twenty-five thousand dollars ($25,000), shall be by contract let to the lowest responsible bidder. Notice requesting bids shall be published at least once in a newspaper of general circulation. The publication shall be made at least 10 days before the date for the receipt of the bids. The commission, at its discretion, may reject any and all bids and readvertise. -(b) Except as provided for in subdivision (f), whenever the expected expenditure required exceeds one thousand dollars ($1,000), but not twenty-five thousand dollars ($25,000), the commission shall obtain a minimum of three quotations, either written or oral, that permit prices and terms to be compared. -(c) Where the expenditure required by the bid price is less than fifty thousand dollars ($50,000), the executive director may act for the commission. -(d) All bids for construction work submitted pursuant to this section shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: -(1) Cash. -(2) A cashier’s check made payable to the commission. -(3) A certified check made payable to the commission. -(4) A bidder’s bond executed by an admitted surety insurer, made payable to the commission. -(e) Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the commission beyond 60 days from the date that the award was made. -(f) The following provisions apply only to the Los Angeles County Metropolitan Transportation Authority: -(1) The contract shall be let to the lowest responsible bidder or, in the authority’s discretion, to the person who submitted a proposal that provides the best value to the commission on the basis of the factors identified in the solicitation when the purchase price of all supplies, equipment, and materials exceeds one hundred fifty thousand dollars ($150,000). “Best value” means the overall combination of quality, price, and other elements of a proposal that, when considered together, provide the greatest overall benefit in response to requirements described in the solicitation documents. The contract shall be let to the lowest responsible bidder when the purchase price of the construction of all facilities exceeds twenty-five thousand dollars ($25,000). -(2) The authority shall obtain a minimum of three quotations, either written or oral, that permit prices and terms to be compared whenever the expected expenditure required exceeds three thousand dollars ($3,000), but not one hundred fifty thousand dollars ($150,000). -(3) The authority may purchase supplies, equipment, and materials from a public auction sale, including public auctions held via the Internet, using the procedures established for all other participants in the public auction. -(4) The authority may participate in a procurement agreement involving other public entities that is identified by a procuring public entity or entities as a cooperative procuring agreement from which other public entities may make purchases or enter into contracts, and the authority may procure, and enter into contracts for, items purchased pursuant to that procurement agreement, notwithstanding that the authority may not be the procuring public entity, provided the procurement agreement is awarded or entered into by either of the following: -(A) One or more public entities or an organization of public entities, which may include the authority. -(B) A federal, state, or local public entity. -(5) (A) Notwithstanding any other provision of law requiring the authority to award contracts to the lowest responsible bidder, the authority may, except as to contracts for professional services involving private architectural, landscape architectural, engineering, environmental, land surveying, or construction management as defined in Sections 4525 and 4529.10 of the Government Code, do any of the following in facilitating contract awards with small business enterprises and disabled veteran business enterprises: -(i) Provide for a small business preference in construction, the construction component of a design-build team, the procurement of goods, or the delivery of services. The preference to a small business shall be 5 percent of the lowest responsible bidder meeting specifications that provides for small business participation. -(ii) Establish a subcontracting participation goal for small business enterprises on contracts financed with nonfederal funds and grant a preference of 5 percent to the lowest responsible bidders who meet the goal. -(iii) Require bidders, prior to the time bids are opened, to comply with the small business enterprise and disabled veteran business enterprise goals and requirements established by the authority on contracts financed with nonfederal funds. -(iv) In awarding contracts to the lowest responsible bidder, award the contract to the lowest responsible bidder meeting the small business enterprise and disabled veteran business enterprise goals. -(v) Set aside work for competition among certified small business enterprises and award a contract to the lowest responsible bidder whenever the expected expenditure required exceeds five thousand dollars ($5,000) but is less than three million dollars ($3,000,000), as long as price quotations are obtained by the authority from three or more certified small business enterprises. If the authority awards contracts under this clause, the authority, for purposes of legislative oversight, shall, on or before December 31, 2017, prepare and submit a report to the Legislature regarding contracts awarded pursuant to this clause. The report shall be submitted in compliance with Section 9795 of the Government Code. -(B) A small business enterprise recommended for a contract award through use of a set aside shall be performing a commercially useful function. A small business enterprise shall be presumed to be performing a commercially useful function if it performs and exercises responsibility of at least 30 percent of the total cost of the contract work with its own workforce. -(C) “Small business enterprise” as used in this paragraph, means a business enterprise that is classified as a small business under United States Small Business Administration rules and meets the current small business enterprise size standards found in Part 121 of Title 13 of the Code of Federal Regulations appropriate to the type of work the enterprise seeks to perform. The authority may establish limitations regarding the average annual gross receipts of a small business over the previous three fiscal years and establish limitations regarding the personal net worth of the owner of the small business, exclusive of the value of the owner’s personal residence. -(D) “Disabled veteran business enterprise” as used in this paragraph has the meaning as defined in Section 999 of the Military and Veterans Code. -(E) “Goal” as used in this paragraph means a numerically expressed objective that bidders are required to achieve.","Existing law creates the Los Angeles County Metropolitan Transportation Authority (LACMTA), with various powers and duties with respect to transportation planning, programming, construction, and operations. -Existing law authorizes LACMTA to provide for a small business preference of 5% of the lowest responsible bidder meeting specifications, with respect to contracts in construction, the construction component of a design-build team, the procurement of goods, or the delivery of services. Existing law also authorizes LACMTA to establish a subcontracting participation goal for small businesses on certain contracts financed with nonfederal funds and to grant a preference of 5% to the lowest responsible bidders that meet that goal. -This bill would also authorize LACMTA to establish disabled veteran business enterprise participation goals, and would define “disabled veteran business enterprise” for these purposes. -Existing law imposes various requirements on bidders relative to contracts involving small business enterprise goals. -This bill would delete those requirements and instead authorize LACMTA to require bidders to comply with small business enterprise and disabled veteran business enterprise goals and requirements established by LACMTA relative to contracts financed with nonfederal funds. The bill would also authorize LACMTA to award contracts under certain circumstances to small business enterprises with respect to work that is set aside for competition among certified small business enterprises, and would require the authority to report to the Legislature by December 31, 2017, regarding any contracts awarded in this regard.","An act to amend Section 130232 of the Public Utilities Code, relating to transportation." -1179,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 709 of the Welfare and Institutions Code is amended to read: -709. -(a) (1) Whenever the court has a doubt that a minor who is subject to any juvenile proceedings is mentally competent, the court shall suspend all proceedings and proceed pursuant to this section. -(2) A minor is mentally incompetent for purposes of this section if he or she is unable to understand the nature of the proceedings, including his or her role in the proceedings, or unable to assist counsel in conducting a defense in a rational manner, including a lack of a rational and factual understanding of the nature of the charges or proceedings. Incompetency may result from the presence of any condition or conditions, including, but not limited to, mental illness, mental disorder, developmental disability, or developmental immaturity. Except as specifically provided otherwise, this section applies to a minor who is alleged to come within the jurisdiction of the court pursuant to Section 601 or 602. -(3) During the pendency of any juvenile proceeding, the court may receive information from any source regarding the minor’s ability to understand the proceedings. The minor’s counsel or the court may express a doubt as to the minor’s competency. The receipt of information or the expression of doubt of the minor’s counsel does not automatically require the suspension of proceedings. If the court has a doubt as to the minor’s competency, the court shall suspend the proceedings. -(b) (1) Unless the parties stipulate to a finding that the minor lacks competency, or the parties are willing to submit on the issue of the minor’s lack of competency, the court shall appoint an expert to evaluate the minor and determine whether the minor suffers from a mental illness, mental disorder, developmental disability, developmental immaturity, or other condition affecting competency and, if so, whether the minor is competent. -(2) The expert shall have expertise in child and adolescent development and forensic evaluation of juveniles for purposes of adjudicating competency, shall be familiar with competency standards and accepted criteria used in evaluating juvenile competency, and shall have received training in conducting juvenile competency evaluations. -(3) The expert shall personally interview the minor and review all of the available records provided, including, but not limited to, medical, education, special education, probation, child welfare, mental health, regional center, and court records, and any other relevant information that is available. The expert shall consult with the minor’s counsel and any other person who has provided information to the court regarding the minor’s lack of competency. The expert shall gather a developmental history of the minor. If any information is unavailable to the expert, he or she shall note in the report the efforts to obtain that information. The expert shall administer age-appropriate testing specific to the issue of competency unless the facts of the particular case render testing unnecessary or inappropriate. In a written report, the expert shall opine whether the minor has the sufficient present ability to consult with his or her counsel with a reasonable degree of rational understanding and whether he or she has a rational and factual understanding of the proceedings against him or her. The expert shall also state the basis for these conclusions. If the expert concludes that the minor lacks competency, the expert shall make recommendations regarding the type of remediation services that would be effective in assisting the minor in attaining competency, and, if possible, the expert shall address the likelihood of the minor attaining competency within a reasonable period of time. -(4) The Judicial -Council -Council, in conjunction with groups or individuals representing judges, defense counsel, district attorneys, counties, advocates for people with developmental and mental disabilities, state psychologists and psychiatrists, professional associations and accredited bodies for psychologists and psychiatrists, and other interested stakeholders, -shall adopt a rule of court identifying the training and experience needed for an expert to be competent in forensic evaluations of -juveniles, and -juveniles. The Judicial Council -shall develop and adopt rules for the implementation of the other requirements in this subdivision. -(5) Statements made to the appointed expert during the minor’s competency evaluation, statements made by the minor to mental health professionals during the remediation proceedings, and any fruits of those statements shall not be used in any other hearing against the minor in either juvenile or adult court. -(6) The district attorney or minor’s counsel may retain or seek the appointment of additional qualified experts who may testify during the competency hearing. The expert’s report and qualifications shall be disclosed to the opposing party within a reasonable time before, but no later than five court days before, the hearing. If disclosure is not made in accordance with this paragraph, the expert shall not be allowed to testify, and the expert’s report shall not be considered by the court unless the court finds good cause to consider the expert’s report and testimony. If, after disclosure of the report, the opposing party requests a continuance in order to further prepare for the hearing and shows good cause for the continuance, the court shall grant a continuance for a reasonable period of time. -(7) If the expert believes the minor is developmentally disabled, the court shall appoint the director of a regional center for developmentally disabled individuals described in Article 1 (commencing with Section 4620) of Chapter 5 of Division 4.5, or his or her designee, to evaluate the minor. The director of the regional center, or his or her designee, shall determine whether the minor is eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)), and shall provide the court with a written report informing the court of his or her determination. The court’s appointment of the director of the regional center for determination of eligibility for services shall not delay the court’s proceedings for determination of competency. -(8) An expert’s opinion that a minor is developmentally disabled does not supersede an independent determination by the regional center regarding the minor’s eligibility for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). -(9) Nothing in this section shall be interpreted to authorize or require either of the following: -(A) Placement of a minor who is incompetent in a developmental center or community facility operated by the State Department of Developmental Services without a determination by a regional center director, or his or her designee, that the minor has a developmental disability and is eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). -(B) Determinations regarding the competency of a minor by the director of the regional center or his or her designee. -(c) The question of the minor’s competency shall be determined at an evidentiary hearing unless there is a stipulation or submission by the parties on the findings of the expert. -The minor has the burden of establishing by a preponderance of the evidence that he or she is incompetent. -It shall be presumed that the minor is mentally competent, unless it is proven by a preponderance of the evidence that the minor is mentally incompetent. -(d) If the court finds the minor to be competent, the court shall reinstate proceedings and proceed commensurate with the court’s jurisdiction. -(e) If the court finds, by a preponderance of evidence, that the minor is incompetent, all proceedings shall remain suspended for a period of time that is no longer than reasonably necessary to determine whether there is a substantial probability that the minor will attain competency in the foreseeable future, or the court no longer retains jurisdiction. During this time, the court may make orders that it deems appropriate for services. Further, the court may rule on motions that do not require the participation of the minor in the preparation of the motions. These motions include, but are not limited to, all of the following: -(1) Motions to dismiss. -(2) Motions regarding a change in the placement of the minor. -(3) Detention hearings. -(4) Demurrers. -(f) Upon a finding of incompetency, the court shall refer the minor to services designed to help the minor attain competency. Service providers and evaluators shall adhere to the standards stated in this section and the California Rules of Court. Services shall be provided in the least restrictive environment consistent with public safety. Priority shall be given to minors in custody. Service providers shall determine the likelihood of the minor attaining competency within a reasonable period of time, and if the opinion is that the minor will not attain competency within a reasonable period of time, the minor shall be returned to court at the earliest possible date. The court shall review remediation services at least every 30 calendar days for minors in custody and every 45 calendar days for minors out of custody. -(g) (1) Upon receipt of the recommendation by the remediation program, the court shall hold an evidentiary hearing on whether the minor is remediated or is able to be remediated unless the parties stipulate to, or agree to the recommendation of, the remediation program. If the recommendation is that the minor has attained competency, and if the minor disputes that recommendation, the burden is on the minor to prove by a preponderance of evidence that he or she remains incompetent. If the recommendation is that the minor is unable to be remediated and if the prosecutor disputes that recommendation, the burden is on the prosecutor to prove by a preponderance of evidence that the minor is remediable. If the prosecution contests the evaluation of continued incompetence, the minor shall be presumed incompetent and the prosecution shall have the burden to prove by a preponderance of evidence that the minor is competent. The provisions of subdivision (c) shall apply at this stage of the proceedings. -(2) If the court finds that the minor has been remediated, the court shall reinstate the proceedings. -(3) If the court finds that the minor has not yet been remediated, but is likely to be -remediated, -remediated within a reasonable period of time, -the court shall order the minor to return to the remediation program. -(4) If the court finds that the minor will not achieve -competency, -competency within a reasonable period of time, -the court shall dismiss the petition. The court may invite persons and agencies with information about the minor, including, but not limited to, the minor and his or her attorney, the probation department, parents, guardians, or relative caregivers, mental health treatment professionals, the public guardian, educational rights holders, education providers, and social services agencies, to the dismissal hearing to discuss any services that may be available to the minor after jurisdiction is terminated. If appropriate, the court shall refer the minor for evaluation pursuant to Article 6 (commencing with Section 5300) of Chapter 2 of Part 1 of Division 5 or Article 3 (commencing with Section 6550) of Chapter 2 of Part 2 of Division 6. -(5) In no case shall remediation extend beyond two years, or a period of time equal to the maximum term of detention for the most serious charge on the petition, whichever is shorter, on a petition that contains a felony offense. In no case shall remediation extend beyond one year, or a period of time equal to the maximum term of detention provided by law for the most serious offense, whichever is shorter, on a petition that contains only misdemeanor offenses. -(h) The presiding judge of the juvenile court, the probation department, the county mental health department, the public defender and other entity that provides representation for minors, the district attorney, the regional center, if appropriate, and any other participants that the presiding judge shall designate, shall develop a written protocol describing the competency process and a program to ensure that minors who are found incompetent receive appropriate remediation services. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law authorizes, during the pendency of any juvenile proceeding, the minor’s counsel or the court to express a doubt as to the minor’s competency. Existing law requires proceedings to be suspended if the court finds substantial evidence raises a doubt as to the minor’s competency. Existing law requires the court to appoint an expert, as specified, to evaluate whether the minor suffers from a mental disorder, developmental disability, developmental immaturity, or other condition and, if so, whether the condition or conditions impair the minor’s competency. -This bill would revise and recast these provisions to, among other things, expand upon the duties imposed upon the expert during his or her evaluation of a minor whose competency is in doubt, as specified. The bill would authorize the district attorney or minor’s counsel to retain or seek the appointment of additional qualified experts with regard to determining competency, as specified. -The bill would require the Judicial Council to adopt a rule of court relating to the qualifications of those experts, as specified. -The bill would require -the question of -the minor’s competency to be determined at an evidentiary hearing, except as specified, and -places the burden on the minor to -establish -a presumption of competency, unless it is proven -by a preponderance of the evidence that he or she is incompetent. The bill would require the court, upon a finding of incompetency, to refer the minor to services designed to help the minor attain competency. If the court finds that the minor will not achieve -competency, -competency within a reasonable period of time, -the bill would require the court to dismiss the petition. The bill would authorize the court to invite specified persons and agencies to discuss any services that may be available to the minor after the court’s jurisdiction is terminated, and would require the court to make certain referrals for the minor. The bill would require, among others, the presiding judge of a juvenile court, the probation department, and the county mental health department to develop a written protocol describing the competency process and a program to ensure that minors who are found incompetent receive appropriate remediation services. -By -Notwithstanding these provisions, the bill would prohibit remediation services from exceeding certain time periods, as specified. -By -imposing additional duties on local officials, -the -this -bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 709 of the Welfare and Institutions Code, relating to juveniles." -1180,"The people of the State of California do enact as follows: - - -SECTION 1. -Article 1 (commencing with Section 104250) is added to Chapter 4 of Part 1 of Division 103 of the Health and Safety Code, to read: -Article 1. Diabetes. -104250. -The Legislature finds and declares all of the following: -(a) It is reported that one in seven adult Californians has diabetes, and the numbers are rising rapidly. The actual number of those whose lives are affected by diabetes is unknown and stands to be much higher when factoring in the incidence of type 1 diabetes and undiagnosed gestational diabetes. -(b) California has the greatest number of annual new cases of diabetes in the United States. -(c) The incidence of diabetes amongst all Californians has increased 32 percent over the past decade. -(d) Over 11.4 million people in California have prediabetes, a condition that is a precursor to full onset type 2 diabetes. This suggests that the total population of those diagnosed will continue to rise in the absence of interventions. -(e) The prevalence of diagnosed gestational diabetes in California has increased 60 percent in just seven years, from 3.3 percent of hospital deliveries in 1998 to 5.3 percent of hospital deliveries in 2005, with the federal Centers for Disease Control and Prevention stating that the diagnosis rate could run as high as 18.3 percent. -(f) The fiscal impact to the State of California, including total health care and related costs for the treatment of diabetes, was over $35.9 billion in 2010. -(g) There is a disproportionate prevalence of type 2 diabetes among Californians who are Black, Hispanic, or of Asian origin compared to the general population. As of 2010, the incidence of diabetes among Black and Hispanic people was nearly double that among non-Hispanic Whites at approximately 14 percent. Asians and Pacific Islanders, in the aggregate, experience higher rates of diabetes than other populations. Certain groups within the Asian and Pacific Islander population experience the highest prevalence and risk overall, including Filipino, South Asians, and Pacific Islanders, who suffer from diabetes at rates of 15 percent, 16 percent, and more than 18 percent, respectively. -(h) A recent study of a large state with a sizable diabetes population found that the rate of diagnosed diabetes in that state’s Medicaid population is nearly double that of its general population. -(i) There is no cure for any type of diabetes; however, there is evidence that diabetes can be prevented or delayed in onset through lifestyle changes and medical intervention. -(j) Diabetes, when left untreated, can lead to serious and costly complications and a reduced lifespan. -(k) Many of these serious complications can be delayed or avoided with timely diagnosis, effective patient self-care, and improved social awareness. -(l) It is the intent of the Legislature to require the State Department of Public Health to provide to the Legislature information, including the annual federal Centers for Disease Control and Prevention progress report, on diabetes prevention and management activities conducted by the State Department of Public Health and expenditures associated with diabetes prevention and management activities. These activities are set forth by the State Department of Public Health in the California Wellness Plan 2014 and the report dated September 2014 entitled “Burden of Diabetes in California.” -104251. -(a) The State Department of Public Health shall submit a report to the Legislature on or before January 1, 2019, that includes a summary and compilation of recommendations on diabetes prevention and management, if any, from all of the following sources: -(1) The University of California. -(2) The federal Centers for Disease Control and Prevention. -(3) The California Wellness Plan. -(4) Other statewide diabetes stakeholder groups. -(5) Other entities identified by the department as having relevant findings and recommendations. -(b) The department shall include in the report any recommendations from those institutions on all of the following items: -(1) Evidence-based strategies to prevent or manage diabetes. -(2) An analysis of the financial impact diabetes and its complications have on the state. -(3) Policy recommendations for the prevention and management of diabetes. -(c) The department shall also include in the report a description of the existing level of coordination between state departments with regard to programmatic activities and the provision of information to the public regarding managing and preventing diabetes and its complications. -(d) Commencing July 1, 2017, the department shall annually post all of the following information on its Internet Web site: -(1) A summary of the amount and source of any funding directed to the department for programs and activities aimed at preventing or managing diabetes. -(2) A summary of the expenditures by the department on programs and activities aimed at preventing or managing diabetes. -(e) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2024. -(2) The report submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.","Existing law establishes the State Department of Public Health and sets forth its powers and duties pertaining to, among other things, protecting, preserving, and advancing public health, including disseminating information regarding diseases. -This bill would require the State Department of Public Health to submit a report to the Legislature on or before January 1, 2019, that includes a summary and compilation of recommendations, as specified, on diabetes prevention and management from certain sources, including the University of California and the federal Centers for Disease Control and Prevention. The bill would require the department to, commencing July 1, 2017, annually post on its Internet Web site a summary of the amount and source of any funding directed to, and expenditures by, the department for programs and activities aimed at preventing or managing diabetes.","An act to add Article 1 (commencing with Section 104250) to Chapter 4 of Part 1 of Division 103 of the Health and Safety Code, relating to diabetes." -1181,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 7159.5 of the Business and Professions Code is amended to read: -7159.5. -This section applies to all home improvement contracts, as defined in Section 7151.2, between an owner or tenant and a contractor, whether a general contractor or a specialty contractor, that is licensed or subject to be licensed pursuant to this chapter with regard to the transaction. -(a) Failure by the licensee or a person subject to be licensed under this chapter, or by his or her agent or salesperson, to comply with the following provisions is cause for discipline: -(1) The contract shall be in writing and shall include the agreed contract amount in dollars and cents. The contract amount shall include the entire cost of the contract, including profit, labor, and materials, but excluding finance charges. -(2) If there is a separate finance charge between the contractor and the person contracting for home improvement, the finance charge shall be set out separately from the contract amount. -(3) If a downpayment will be charged, the downpayment may not exceed one thousand dollars ($1,000) or 10 percent of the contract amount, whichever is less. -(4) If, in addition to a downpayment, the contract provides for payments to be made prior to completion of the work, the contract shall include a schedule of payments in dollars and cents specifically referencing the amount of work or services to be performed and any materials and equipment to be supplied. -(5) Except for a downpayment, the contractor may neither request nor accept payment that exceeds the value of the work performed or material delivered. -(6) Upon any payment by the person contracting for home improvement, and prior to any further payment being made, the contractor shall, if requested, obtain and furnish to the person a full and unconditional release from any potential lien claimant claim or mechanics lien authorized pursuant to Sections 8400 and 8404 of the Civil Code for any portion of the work for which payment has been made. The person contracting for home improvement may withhold all further payments until these releases are furnished. -(7) If the contract provides for a payment of a salesperson’s commission out of the contract price, that payment shall be made on a pro rata basis in proportion to the schedule of payments made to the contractor by the disbursing party in accordance with paragraph (4). -(8) -A -Except as provided by Section 717 -1, a -contractor furnishing a performance and payment bond, lien and completion bond, or a bond equivalent or joint control approved by the registrar covering full performance and payment is exempt from paragraphs (3), (4), and (5), and need not include, as part of the contract, the statement regarding the downpayment specified in subparagraph (C) of paragraph (8) of subdivision (d) of Section 7159, the details and statement regarding progress payments specified in paragraph (9) of subdivision (d) of Section 7159, or the Mechanics Lien Warning specified in paragraph (4) of subdivision (e) of Section 7159. A contractor furnishing these bonds, bond equivalents, or a joint control approved by the registrar may accept payment prior to completion. If the contract provides for a contractor to furnish joint control, the contractor shall not have any financial or other interest in the joint control. -(b) A violation of paragraph (1), (3), or (5) of subdivision (a) by a licensee or a person subject to be licensed under this chapter, or by his or her agent or salesperson, is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. -(1) An indictment or information against a person who is not licensed but who is required to be licensed under this chapter shall be brought, or a criminal complaint filed, for a violation of this section, in accordance with paragraph (4) of subdivision (d) of Section 802 of the Penal Code, within four years from the date of the contract or, if the contract is not reduced to writing, from the date the buyer makes the first payment to the contractor. -(2) An indictment or information against a person who is licensed under this chapter shall be brought, or a criminal complaint filed, for a violation of this section, in accordance with paragraph (2) of subdivision (d) of Section 802 of the Penal Code, within two years from the date of the contract or, if the contract is not reduced to writing, from the date the buyer makes the first payment to the contractor. -(3) The limitations on actions in this subdivision shall not apply to any administrative action filed against a licensed contractor. -(c) Any person who violates this section as part of a plan or scheme to defraud an owner or tenant of a residential or nonresidential structure, including a mobilehome or manufactured home, in connection with the offer or performance of repairs to the structure for damage caused by a natural disaster, shall be ordered by the court to make full restitution to the victim based on the person’s ability to pay, as defined in subdivision (e) of Section 1203.1b of the Penal Code. In addition to full restitution, and imprisonment authorized by this section, the court may impose a fine of not less than five hundred dollars ($500) nor more than twenty-five thousand dollars ($25,000), based upon the defendant’s ability to pay. This subdivision applies to natural disasters for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code, or for which an emergency or major disaster is declared by the President of the United States. -SEC. 2. -Section 7169 is added to the Business and Professions Code, to read: -7169. -On or before July 1, 2017, the board shall develop, and make available on its Internet Web site, a “solar energy system disclosure document” which a solar energy systems company must provide to a consumer prior to completion of a sale, financing, or lease of a solar energy system. The “solar energy system disclosure document” shall include the following information: -(a) The amounts and sources of financing obtained. -(b) The total cost and payments for the system, including financing costs. -(c) The calculations used by the home improvement salesperson to determine how many panels the homeowner needs to install. -(d) The calculations used by the home improvement salesperson to determine how much energy the panels will generate. -(e) Any additional monthly fees the homeowner’s electric company may bill, any turn-on charges, and any fees added for the use of an Internet monitoring system of the panels or inverters. -(f) The terms and conditions of any guaranteed rebate. -(g) The final contract price, without the inclusion of possible rebates. -(h) The solar energy system company’s contractor license number. -(i) The impacts of solar energy system installations not performed to code. -(j) Types of solar energy system malfunctions. -(k) Information about the difference between a solar energy system lease and a solar energy system purchase. -(l) Information on how and to whom consumers may provide complaints. -SEC. 3. -Section 7170 is added to the Business and Professions Code, to read: -7170. -The board shall establish through regulation requirements for a contractor to maintain a blanket performance and payment bond for the purpose of solar energy systems installation. -SEC. 4. -Section 7171 is added to the Business and Professions Code, to read: -7171. -Notwithstanding paragraph (8) of subdivision (a) of Section 7159.5, a contractor installing a solar energy system shall be subject to the down payment restrictions in paragraph (3) of subdivision (a) of Section 7159.5. -SECTION 1. -(a)The Legislature finds and declares that the Governor set a goal of one million solar rooftop systems installed by 2018. As of November 2015, this state leads the nation in the installation of residential and business distributed solar projects with approximately 438,250 solar projects. -(b)It is the intent of the Legislature to enact this act to ensure that prospective solar customers are provided accurate, clear, and concise information to make an informed decision about solar energy system installation, and to ensure that new solar energy systems continue to reliably provide clean power to millions of Californians for many years. -SEC. 2. -Chapter 2.4 (commencing with Section 18892) is added to Division 8 of the -Business and Professions Code -, to read: -2.4. -Solar Companies -18892. -(a)As used in this section, the following terms have the following meanings: -(1)“Customer” shall include any person, firm, corporation, or other entity that is solicited by, inquires about, or seeks the services of a solar company for the purchase, financing, or lease of a solar energy system. -(2)“Department” means the Department of Consumer Affairs. -(3)“Solar company” means any company and its broker, brokers, or agents that sell, finance, or lease solar energy systems. -(4)“Solar energy system” has the same meaning as set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code. -(b)(1)Prior to completion of a sale, financing, or lease of a solar energy system to a customer, a solar company shall provide each customer with a “solar energy system disclosure document,” which shall include all of the following information: -(A)A list of current residential or business electric rates by kilowatthour, as established by the applicable Public Utilities Commission tariff or other regulatory rate document. -(B)If a payback calculation for the solar energy system is provided, the calculation must be based on the customer’s current electric rate, which shall be disclosed to the customer. -(C)A notification that electric rates are subject to change in the future and that estimates of savings are based on today’s electric rates. If a payback calculation is included, the notification shall be located immediately next to the payback calculation. -(D)A link to a page on the customer’s electricity provider’s Internet Web site that provides information about the electrical provider’s filings regarding future rates. -(E)A description of the solar company’s contractor’s license issued pursuant to Chapter 9 (commencing with Section 7000) of Division 3, license number, and name of the license qualifier for each of the solar company’s licenses for solar system installation. -(F)Valid, current certificates of insurance for the solar company’s commercial general liability and workers’ compensation insurance policies. -(G)A description of the average level of electricity per month that would be produced by the solar panels planned for installation given the actual physical limitations and conditions specific to the customer. -(H)A notification that, when renewable energy attributes are retained by the solar company, the customer is not buying solar power, nor buying renewable energy. -(I)A notification that the balance of any financing or lease arrangement is payable to the solar company in the event of the death of the customer during the term of the agreement. -(J)An estimate of the cost of removing and reinstalling solar panels in the event that the roof material beneath solar panels is replaced. -(K)An explanation of the potential change in electricity production of a solar energy system if the panels become dirty or covered with debris, and instructions on how to maintain the solar energy system. -(L)An explanation that if a solar system installation is financed by a loan that requires a superpriority lien on the homeowner’s mortgage, the homeowner may be unable to refinance his or her mortgage because of this financing. -(M)A notification that customer bill credits are compensated by other customers of the electricity provider. -(2)A solar company that sells, finances, or leases a solar energy system to a customer primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, whether orally or in writing, shall be required to provide the disclosure document in paragraph (1) in that same language. -(c)Subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department shall adopt a regulation that includes a “Department of Consumer Affairs solar energy system disclosure document” informing customers of the risks and rewards of solar energy system ownership and warranty issues, and protecting those customers from unscrupulous or unfair business practices. The solar company shall provide this disclosure document developed by the department at the same time that the disclosure document in subdivision (b) is provided to the customer. The disclosure document developed by the department shall include, but shall not be limited to, information about all of the following: -(1)Solar energy system malfunctions. -(2)Installations not performed to code. -(3)Roof intrusions and related structural concerns. -(4)Bankruptcy, insolvency, default, takeover, or closure of a solar company with existing customers, especially with respect to solar companies who lease systems. -(5)Loss of warranty on solar energy systems caused by bankruptcy, insolvency, default, takeover, or closure of a solar company or a solar manufacturer. -(d)It is the intent of the Legislature to enact legislation that would (1) require the department to certify a solar company and (2) establish an insurance pool for customers to access in order to obtain compensation for solar energy system claims, the funds for which shall be raised yearly from all solar companies actively doing business in this state at the time of assessment. -(e)When marketing its services to customers, solar companies shall not use the trade dress of other energy providers such that it creates a likelihood of confusion that an affiliation or connection exists between a solar company and the electrical corporation, unless the solar company has express authorization from the electrical corporation to do so. -(f)A violation of this section by a solar company is punishable by a fine of not less than ___ ($___) and not more than ___ ($___), which shall be in addition to any other punishment imposed for a violation of this section. All fines collected by the department pursuant to this subdivision shall be deposited in the Professions and Vocations Fund described in Section 205, and these fines shall be subject to appropriation by the Legislature. -(g)(1)In addition to the authority granted to the department in subdivision (f), a customer damaged by a willful violation of the provisions of this chapter may bring a civil cause of action against a solar company for damages, including, but not limited to, general damages, special damages, and punitive damages. -(2)The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper. -(3)The rights and remedies provided in this chapter are in addition to any other rights and remedies provided by law.","Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law, the Contractors’ State License Law, provides for the licensure and regulation of contractors by the Contractors’ State License Board. Existing law requires licensed contractors to be classified and authorizes them to be classified as, among other things, a solar contractor. Under existing law, a solar contractor installs, modifies, maintains, and repairs thermal and photovoltaic solar energy systems. Existing law prohibits a solar contractor from performing building or construction trades, crafts, or skills, except when required to install a thermal or photovoltaic solar energy system. -This bill -would, among other things, require a solar company selling, financing, or leasing a solar energy system, as defined, to provide each customer with -would require, on or before July 1, 2017, the board to develop and make available on its Internet Web site -a specified “solar energy system disclosure document.” -The bill would also require the Department of Consumer Affairs to adopt a regulation that includes a specified “Department of Consumer Affairs solar energy system disclosure document” informing customers of the risks and rewards of solar energy system ownership and warranty issues, and protecting those customers from unscrupulous or unfair business practices. -The bill would require -these disclosures -this disclosure document -to be provided by the solar -energy systems -company to the -customer -consumer -prior to -the -completion of a -sale, -finance, -financing, -or lease of a solar energy system. -The bill would make a violation of these provisions by a solar company punishable by an unspecified fine. The bill would also authorize a customer damaged by a willful violation of these provisions to bring a civil cause of action against a solar company for specified damages. -This bill would also declare the intent of the Legislature to enact legislation that would require the Department of Consumer Affairs to certify a solar company and establish an insurance pool for customers to access in order to obtain compensation for solar energy system claims, as provided. -Existing law requires a home improvement contract to contain, as specified, a notice stating that the owner or tenant has the right to require the contractor to have a performance and payment bond. -The bill would require the board to establish through regulation requirements for a contractor to maintain a blanket performance and payment bond for the purpose of solar installation. -Existing law prohibits the downpayment for a home improvement contract from exceeding $1,000 or 10% of the contract amount, whichever is less. Existing law exempts from this restriction a contractor who, among other things, furnishes a blanket performance and payment bond. -The bill would subject a contractor for the installation of a solar energy system to the restriction despite having those performance and payment arrangements.","An act to -amend Section 7159.5 of, and to -add -Chapter 2.4 (commencing with Section 18892) to Division 8 of -Sections 7169, 7170, and 7171 to, -the Business and Professions Code, relating to business." -1182,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 399.13 of the Public Utilities Code is amended to read: -399.13. -(a) (1) The commission shall direct each electrical corporation to annually prepare a renewable energy procurement plan that includes the matter in paragraph (5), to satisfy its obligations under the renewables portfolio standard. To the extent feasible, this procurement plan shall be proposed, reviewed, and adopted by the commission as part of, and pursuant to, a general procurement plan process. The commission shall require each electrical corporation to review and update its renewable energy procurement plan as it determines to be necessary. The commission shall require all other retail sellers to prepare and submit renewable energy procurement plans that address the requirements identified in paragraph (5). -(2) Every electrical corporation that owns electrical transmission facilities shall annually prepare, as part of the Federal Energy Regulatory Commission Order 890 process, and submit to the commission, a report identifying any electrical transmission facility, upgrade, or enhancement that is reasonably necessary to achieve the renewables portfolio standard procurement requirements of this article. Each report shall look forward at least five years and, to ensure that adequate investments are made in a timely manner, shall include a preliminary schedule when an application for a certificate of public convenience and necessity will be made, pursuant to Chapter 5 (commencing with Section 1001), for any electrical transmission facility identified as being reasonably necessary to achieve the renewable energy resources procurement requirements of this article. Each electrical corporation that owns electrical transmission facilities shall ensure that project-specific interconnection studies are completed in a timely manner. -(3) The commission shall direct each retail seller to prepare and submit an annual compliance report that includes all of the following: -(A) The current status and progress made during the prior year toward procurement of eligible renewable energy resources as a percentage of retail sales, including, if applicable, the status of any necessary siting and permitting approvals from federal, state, and local agencies for those eligible renewable energy resources procured by the retail seller, and the current status of compliance with the portfolio content requirements of subdivision (c) of Section 399.16, including procurement of eligible renewable energy resources located outside the state and within the WECC and unbundled renewable energy credits. -(B) If the retail seller is an electrical corporation, the current status and progress made during the prior year toward construction of, and upgrades to, transmission and distribution facilities and other electrical system components it owns to interconnect eligible renewable energy resources and to supply the electricity generated by those resources to load, including the status of planning, siting, and permitting transmission facilities by federal, state, and local agencies. -(C) Recommendations to remove impediments to making progress toward achieving the renewable energy resources procurement requirements established pursuant to this article. -(4) The commission shall adopt, by rulemaking, all of the following: -(A) A process that provides criteria for the rank ordering and selection of least-cost and best-fit eligible renewable energy resources to comply with the California Renewables Portfolio Standard Program obligations on a total cost and best-fit basis. This process shall take into account all of the following: -(i) Estimates of indirect costs associated with needed transmission investments. -(ii) The cost impact of procuring the eligible renewable energy resources on the electrical corporation’s electricity portfolio. -(iii) The viability of the project to construct and reliably operate the eligible renewable energy resource, including the developer’s experience, the feasibility of the technology used to generate electricity, and the risk that the facility will not be built, or that construction will be delayed, with the result that electricity will not be supplied as required by the contract. -(iv) Workforce recruitment, training, and retention efforts, including jobs retained associated with contracting for existing eligible renewable energy resources, the employment growth associated with the construction and operation of eligible renewable energy resources, and goals for recruitment and training of women, minorities, and disabled veterans. -(v) (I) Estimates of electrical corporation expenses resulting from integrating and operating eligible renewable energy resources, including, but not limited to, any additional wholesale energy and capacity costs associated with integrating each eligible renewable resource. -(II) No later than December 31, 2015, the commission shall approve a methodology for determining the integration costs described in subclause (I). -(vi) Consideration of any statewide greenhouse gas emissions limit established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). -(vii) Consideration of capacity and system reliability of the eligible renewable energy resource to ensure grid reliability. -(B) Rules permitting retail sellers to accumulate, beginning January 1, 2011, excess procurement in one compliance period to be applied to any subsequent compliance period. The rules shall apply equally to all retail sellers. In determining the quantity of excess procurement for the applicable compliance period, the commission shall retain the rules adopted by the commission and in effect as of January 1, 2015, for the compliance period specified in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (b) of Section 399.15. For any subsequent compliance period, the rules shall allow the following: -(i) For electricity products meeting the portfolio content requirements of paragraph (1) of subdivision (b) of Section 399.16, contracts of any duration may count as excess procurement. -(ii) Electricity products meeting the portfolio content requirements of paragraph (2) or (3) of subdivision (b) of Section 399.16 shall not be counted as excess procurement. Contracts of any duration for electricity products meeting the portfolio content requirements of paragraph (2) or (3) of subdivision (b) of Section 399.16 that are credited towards a compliance period shall not be deducted from a retail seller’s procurement for purposes of calculating excess procurement. -(iii) If a retail seller notifies the commission that it will comply with the provisions of subdivision (b) for the compliance period beginning January 1, 2017, the provisions of clauses (i) and (ii) shall take effect for that retail seller for that compliance period. -(C) Standard terms and conditions to be used by all electrical corporations in contracting for eligible renewable energy resources, including performance requirements for renewable generators. A contract for the purchase of electricity generated by an eligible renewable energy resource, at a minimum, shall include the renewable energy credits associated with all electricity generation specified under the contract. The standard terms and conditions shall include the requirement that, no later than six months after the commission’s approval of an electricity purchase agreement entered into pursuant to this article, the following information about the agreement shall be disclosed by the commission: party names, resource type, project location, and project capacity. -(D) An appropriate minimum margin of procurement above the minimum procurement level necessary to comply with the renewables portfolio standard to mitigate the risk that renewable projects planned or under contract are delayed or canceled. This paragraph does not preclude an electrical corporation from voluntarily proposing a margin of procurement above the appropriate minimum margin established by the commission. -(5) Consistent with the goal of increasing California’s reliance on eligible renewable energy resources, the renewable energy procurement plan shall include all of the following: -(A) An assessment of annual or multiyear portfolio supplies and demand to determine the optimal mix of eligible renewable energy resources with deliverability characteristics that may include peaking, dispatchable, baseload, firm, and as-available capacity. -(B) Potential compliance delays related to the conditions described in paragraph (5) of subdivision (b) of Section 399.15. -(C) A bid solicitation setting forth the need for eligible renewable energy resources of each deliverability characteristic, required online dates, and locational preferences, if any. -(D) A status update on the development schedule of all eligible renewable energy resources currently under contract. -(E) Consideration of mechanisms for price adjustments associated with the costs of key components for eligible renewable energy resource projects with online dates more than 24 months after the date of contract execution. -(F) An assessment of the risk that an eligible renewable energy resource will not be built, or that construction will be delayed, with the result that electricity will not be delivered as required by the contract. -(6) In soliciting and procuring eligible renewable energy resources, each electrical corporation shall offer contracts of no less than 10 years duration, unless the commission approves of a contract of shorter duration. -(7) In soliciting and procuring eligible renewable energy resources for California-based projects, each electrical corporation shall give preference to renewable energy projects that provide environmental and economic benefits to communities afflicted with poverty or high unemployment, or that suffer from high emission levels of toxic air contaminants, criteria air pollutants, and greenhouse gases. -(8) In soliciting and procuring eligible renewable energy resources, each retail seller shall consider the best-fit attributes of resource types that ensure a balanced resource mix to maintain the reliability of the electrical grid. -(b) A retail seller may enter into a combination of long- and short-term contracts for electricity and associated renewable energy credits. Beginning January 1, 2021, at least 65 percent of the procurement a retail seller counts toward the renewables portfolio standard requirement of each compliance period shall be from its contracts of 10 years or more in duration or in its ownership or ownership agreements for eligible renewable energy resources. -(c) The commission shall review and accept, modify, or reject each electrical corporation’s renewable energy resource procurement plan prior to the commencement of renewable energy procurement pursuant to this article by an electrical corporation. The commission shall assess adherence to the approved renewable energy resource procurement plans in determining compliance with the obligations of this article. -(d) Unless previously preapproved by the commission, an electrical corporation shall submit a contract for the generation of an eligible renewable energy resource to the commission for review and approval consistent with an approved renewable energy resource procurement plan. If the commission determines that the bid prices are elevated due to a lack of effective competition among the bidders, the commission shall direct the electrical corporation to renegotiate the contracts or conduct a new solicitation. -(e) If an electrical corporation fails to comply with a commission order adopting a renewable energy resource procurement plan, the commission shall exercise its authority to require compliance. -(f) (1) The commission may authorize a procurement entity to enter into contracts on behalf of customers of a retail seller for electricity products from eligible renewable energy resources to satisfy the retail seller’s renewables portfolio standard procurement requirements. The commission shall not require any person or corporation to act as a procurement entity or require any party to purchase eligible renewable energy resources from a procurement entity. -(2) Subject to review and approval by the commission, the procurement entity shall be permitted to recover reasonable administrative and procurement costs through the retail rates of end-use customers that are served by the procurement entity and are directly benefiting from the procurement of eligible renewable energy resources. -(g) Procurement and administrative costs associated with contracts entered into by an electrical corporation for eligible renewable energy resources pursuant to this article and approved by the commission are reasonable and prudent and shall be recoverable in rates. -(h) Construction, alteration, demolition, installation, and repair work on an eligible renewable energy resource that receives production incentives pursuant to Section 25742 of the Public Resources Code, including work performed to qualify, receive, or maintain production incentives, are “public works” for the purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. -SEC. 2. -By July 1, 2017, the commission shall update the criteria for the rank ordering and selection of least-cost and best-fit eligible renewable energy resources adopted pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of Section 399.13 to identify the value of maintaining existing baseload resources to achieve the goal of a balanced portfolio of eligible renewable energy resources.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The California Renewables Portfolio Standard Program requires the commission to establish a renewables portfolio standard requiring all retail sellers, defined as including an electrical corporation, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, at specified percentages of the total kilowatthours sold to their retail end-use customers during specified compliance periods. The program requires the commission to direct each electrical corporation to annually prepare a renewable energy procurement plan to satisfy its procurement requirements pursuant to the program. As part of the renewable energy procurement plan process, the commission is required to adopt rules establishing a process that provides criteria for the rank ordering and selection of least-cost and best-fit eligible renewable energy resources to comply with the program’s procurement obligations and requires that the criteria take specified matters into account, including workforce recruitment, training, and retention efforts, as specified. -This bill would require that the criteria take into account jobs retained associated with contracting for existing eligible renewable energy resources. -The bill would require the commission to update the criteria by July 1, 2017, to identify the value of maintaining existing baseload resources to achieve the goal of a balanced portfolio of eligible renewable energy resources.","An act to amend Section 399.13 of the Public Utilities Code, relating to electricity." -1183,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 33133.7 is added to the Education Code, to read: -33133.7. -(a) Notwithstanding any other law, two million dollars ($2,000,000) shall be appropriated, without regard to fiscal years, from the General Fund to the Superintendent to be allocated to local educational agencies that apply for the purpose of implementing a pilot program to train teachers who teach kindergarten or any of grades 1 to 12, inclusive, to more effectively use technology and digital resources within their instructional day, while also measuring and teaching the critical 21st century skills pupils need to succeed on California’s next-generation online assessments, as well as to prepare pupils for college and career objectives. -(b) (1) The Superintendent shall develop an application process for the allocation of funds appropriated pursuant to subdivision (a) that gives priority to applicant local educational agencies that serve a large percentage of pupils eligible for free or reduced-price meals. -(2) Any local educational agency in the state may apply for funding from the Superintendent to implement the pilot program described in subdivision (a), and subject to the requirements of subdivision (c). -(c) The pilot program shall include both of the following: -(1) A focus on teachers who work with underserved populations. -(2) (A) An emphasis on enhancing the ability of participants to measure 21st century skills of teachers and pupils using the international standards defined by the International Society for Technology in Education. -(B) The skills to be measured and enhanced for teachers pursuant to this paragraph shall include, but not necessarily be limited to, all of the following: -(i) Facilitation and inspiration of pupil learning and creativity. -(ii) Design and development of digital age learning experiences and assessments. -(iii) Modeling of digital age work and learning. -(iv) Promotion and modeling of digital citizenship and responsibility. -(v) Engagement in professional growth and leadership. -(C) The skills to be measured and enhanced for pupils pursuant to this paragraph shall include, but not necessarily be limited to, all of the following: -(i) Creativity and innovation. -(ii) Communication and collaboration. -(iii) Research and information fluency. -(iv) Critical thinking and problem solving. -(v) Digital citizenship. -(vi) Technology operations and concepts. -(d) The pilot program shall include training and professional development for teachers to assist them to effectively personalize digital literacy instruction for their pupils. -(e) The pupils participating in the pilot program shall receive digital literacy instruction that will enhance the skills these pupils need to succeed in elementary or secondary school, postsecondary education, and careers. -SECTION 1. -Section 44274.2 of the -Education Code -is amended to read: -44274.2. -(a)Notwithstanding any provision of this chapter, the commission shall issue a five-year preliminary multiple subject teaching credential authorizing instruction in a self-contained classroom, a five-year preliminary single subject teaching credential authorizing instruction in departmentalized classes, or a five-year preliminary education specialist credential authorizing instruction of special education pupils to an out-of-state prepared teacher who meets all of the following requirements: -(1)Possesses a baccalaureate degree from a regionally accredited institution of higher education. -(2)Has completed a teacher preparation program at a regionally accredited institution of higher education, or a state-approved teacher preparation program offered by a local educational agency. -(3)Meets the subject matter knowledge requirements for the credential. If the subject area listed on the out-of-state credential does not correspond to a California subject area, as specified in Sections 44257 and 44282, the commission may require the applicant to meet California subject matter requirements before issuing a clear credential. -(4)Has earned a valid corresponding elementary, secondary, or special education teaching credential based on the out-of-state teacher preparation program. For the education specialist credential, the commission shall determine the area of concentration based on the special education program completed out of state. -(5)Has successfully completed a criminal background check conducted under Sections 44339, 44340, and 44341 for credentialing purposes. -(b)The holder of a credential issued pursuant to this section shall meet the state basic skills proficiency requirement set forth in Section 44252 within one year of the date the credential is issued or the credential shall become invalid. -(c)The commission shall issue a clear multiple subject, single subject, or education specialist teaching credential to an applicant who satisfies the requirements of subdivision (a), provides verification of two or more years of teaching experience, including, but not limited to, two satisfactory performance evaluations, and documents, in a manner prescribed by the commission, that he or she fulfills each of the following requirements: -(1)The applicant has done one of the following: -(A)Completed 150 clock hours of activities that contribute to his or her competence, performance, and effectiveness in the education profession, and that assist the applicant in meeting or exceeding standards for professional preparation established by the commission. -(B)Earned a master’s degree or higher in a field related to the credential, or the equivalent semester units, from a regionally accredited institution of higher education. -(2)The applicant has met the state requirements for teaching English learners including, but not limited to, the requirements in Section 44253.3. -(d)For applicants who do not meet the experience requirement described in subdivision (c), the commission shall issue a clear multiple subject, single subject, or education specialist teaching credential upon verification of the following requirements: -(1)The commission has issued to the applicant a preliminary five-year teaching credential pursuant to subdivision (a). However, an out-of-state prepared applicant in both special education and general education, who has earned a clear California education specialist credential, shall be granted a clear multiple subject or clear single subject teaching credential without first holding a preliminary multiple subject or single subject teaching credential, unless the commission determines that the applicant does not meet the other requirements of this subdivision. -(2)The applicant has completed a beginning teacher induction program pursuant to paragraph (2) of subdivision (c) of Section 44259. -(3)The applicant has met the requirements for teaching English learners, including, but not limited to, the requirements in Section 44253.3. -(4)Before issuing an education specialist credential under this subdivision, the commission shall verify completion of a program for the Professional Level II credential accredited by the commission.","(1) Existing law establishes a system of public elementary and secondary schools in this state, and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. -This bill would appropriate, without regard to fiscal years, $2,000,000 from the General Fund to the Superintendent of Public Instruction to be allocated to specified local educational agencies for the purpose of implementing a pilot program to train teachers teaching kindergarten or any of grades 1 to 12, inclusive, to more effectively utilize technology and digital resources within their instructional day, while also measuring and teaching the critical 21st century skills pupils need to succeed on California’s next-generation online assessments, as well as to prepare pupils for college and career objectives, thereby making an appropriation. -The bill would require the Superintendent to develop an application process for the allocation of funds appropriated for the implementation of the pilot program that gives priority to applicant local educational agencies that serve a large percentage of pupils eligible for free or reduced-price meals. The bill would authorize any local educational agency in the state to apply to the Superintendent for funding to implement the pilot program, as specified. The bill would specify topics to be included in the training provided to teachers and pupils participating in the pilot program. -(2) Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution. -Existing law requires the Commission on Teacher Credentialing to issue a 5-year preliminary multiple subject teaching credential authorizing instruction in a self-contained classroom, a 5-year preliminary single subject teaching credential authorizing instruction in departmentalized classes, or a 5-year preliminary education specialist credential authorizing instruction of special education pupils to an out-of-state prepared teacher who meets specified requirements, including that the teacher possess a baccalaureate degree from a regionally accredited institution of higher education. -This bill would make nonsubstantive changes to those provisions and other related provisions.","An act to -amend Section 44274.2 of -add Section 33133.7 to -the Education Code, relating to -teachers. -teachers, and making an appropriation therefor." -1184,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 51.14 is added to the Civil Code, to read: -51.14. -(a) This act shall be known, and may be cited, as the Stop Consumer Racial Profiling Act of 2016. -(b) No business establishment shall use consumer racial profiling. -(c) For purposes of this section, “consumer racial profiling” shall mean the profiling or targeting of a person that results in differential treatment based on his or her race or ethnicity and that constitutes a denial or degradation in the product or service offered to customers. “Consumer racial profiling” includes, but is not limited to, refusal to serve, removal from the business establishment premises, segregated seating, requiring additional forms of identification, and surveillance practices based on race or ethnicity. -SEC. 2. -Section 12930 of the Government Code, as amended by Chapter 63 of the Statutes of 2016, is amended to read: -12930. -The department shall have the following functions, powers, and duties: -(a) To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part. -(b) To meet and function at any place within the state. -(c) To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties. -(d) To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils. -(e) To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part. -(f) (1) To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940). -(2) To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 51.14, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply. -(3) To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorney’s fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply. -(g) In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980: -(1) To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials. -(2) To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits. -(3) To issue written interrogatories. -(4) To request the production for inspection and copying of books, records, documents, and physical materials. -(5) To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories. -(h) To bring civil actions pursuant to Section 12965 or 12981 and to prosecute those civil actions before state and federal trial courts. -(i) To issue those publications and those results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, genetic information, or sexual orientation. -(j) To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990. -(k) To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations. -(l) To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time. -(m) The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013: -(1) If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court. -(2) If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court. -(3) Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502. -(n) On any Section 1094.5 Code of Civil Procedure challenge to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or his or her designee shall consult with the Attorney General regarding the defense of that writ petition. -SEC. 2.5. -Section 12930 of the Government Code, as amended by Chapter 63 of the Statutes of 2016, is amended to read: -12930. -The department shall have the following functions, powers, and duties: -(a) To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part. -(b) To meet and function at any place within the state. -(c) To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties. -(d) To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils. -(e) To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part. -(f) (1) To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940). -(2) To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 51.14, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply. -(3) To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorney’s fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply. -(4) To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, except for complaints relating to educational equity brought under Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1 of the Education Code and investigated pursuant to the procedures set forth in Subchapter 5.1 of Title 5 of the California Code of Regulations, and not otherwise within the jurisdiction of the department. -(A) Nothing in this part prevents the director or his or her authorized representative, in his or her discretion, from making, signing, and filing a complaint pursuant to Section 12960 or 12961 alleging practices made unlawful under Section 11135. -(B) Remedies available to the department in conciliating, mediating, and prosecuting complaints alleging these practices are the same as those available to the department in conciliating, mediating, and prosecuting complaints alleging violations of Article 1 (commencing with Section 12940) of Chapter 6. -(g) In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980: -(1) To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials. -(2) To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits. -(3) To issue written interrogatories. -(4) To request the production for inspection and copying of books, records, documents, and physical materials. -(5) To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories. -(h) To bring civil actions pursuant to Section 12965 or 12981 and to prosecute those civil actions before state and federal trial courts. -(i) To issue those publications and those results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, genetic information, or sexual orientation. -(j) To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990. -(k) To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations. -(l) To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time. -(m) The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013: -(1) If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court. -(2) If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court. -(3) Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502. -(n) On any Section 1094.5 Code of Civil Procedure challenge to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or his or her designee shall consult with the Attorney General regarding the defense of that writ petition. -SEC. 3. -Section 2.5 of this bill incorporates amendments to Section 12930 of the Government Code proposed by both this bill and SB 1442. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 12930 of the Government Code, and (3) this bill is enacted after SB 1442, in which case Section 2 of this bill shall not become operative.","Existing law, the Unruh Civil Rights Act, states that all persons within this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Under existing law, the Department of Fair Employment and Housing is responsible for receiving, investigating, conciliating, mediating, and prosecuting complaints alleging a violation of the act. -This bill would enact the Stop Consumer Racial Profiling Act of 2016, which would prohibit a business establishment from using consumer racial profiling, as defined. The bill would also make the Department of Fair Employment and Housing responsible for the enforcement of the act. -This bill would incorporate additional changes to Section 12930 of the Government Code, proposed by SB 1442, to be operative only if SB 1442 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to add Section 51.14 to the Civil Code, and to amend Section 12930 of the Government Code, relating to civil rights." -1185,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1063.2 of the Insurance Code is amended to read: -1063.2. -(a) The association shall pay and discharge covered claims, and in connection therewith, pay for or furnish loss adjustment services and defenses of claimants when required by policy provisions. It may do so either directly by itself or through a servicing facility or through a contract for reinsurance and assumption of liabilities by one or more member insurers or through a contract with the liquidator, upon terms satisfactory to the association and to the liquidator, under which payments on covered claims would be made by the liquidator using funds provided by the association. -(b) (1) The association shall be a party in interest in all proceedings involving a covered claim, and shall have the same rights as the insolvent insurer would have had if not in liquidation, including, but not limited to, the right to all of the following: -(A) Appear, defend, and appeal a claim in a court of competent jurisdiction. -(B) Receive notice of, investigate, adjust, compromise, settle, and pay a covered claim. -(C) Investigate, handle, and deny a noncovered claim. -(2) The association shall have no cause of action against the insureds of the insolvent insurer for any sums it has paid out, except as provided by this article. -(3) Nothing in paragraph (2) limits the association’s right to pursue unpaid reimbursements owed by an employer pursuant to a workers’ compensation insurance policy with a deductible if the employer was obligated to reimburse the insurer for benefits payments and related expenses paid by the insurer or the association from a special deposit or from other association funds pursuant to the terms of the policy and related agreements. -(c) (1) If damages against uninsured motorists are recoverable by the claimant from his or her own insurer, the applicable limits of the uninsured motorist coverage shall be a credit against a covered claim payable under this article. Any person having a claim that may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that if it is a first-party claim for damage to property with a permanent location, he or she shall seek recovery first from the association of the permanent location of the property, and if it is a workers’ compensation claim, he or she shall seek recovery first from the association of the residence of the claimant. Any recovery under this article shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent. A member insurer may recover in subrogation from the association only one-half of any amount paid by that insurer under uninsured motorist coverage for bodily injury or wrongful death (and nothing for a payment for anything else), in those cases where the injured person insured by such an insurer has proceeded under his or her uninsured motorist coverage on the ground that the tortfeasor is uninsured as a result of the insolvency of his or her liability insurer (an insolvent insurer as defined in this article), provided that the member insurer shall waive all rights of subrogation against the tortfeasor. Any amount paid a claimant in excess of the amount authorized by this section may be recovered by action, or other proceeding, brought by the association. -(2) Any claimant having collision coverage on a loss that is covered by the insolvent company’s liability policy shall first proceed against his or her collision carrier. Neither that claimant nor the collision carrier, if it is a member of the association, shall have the right to sue or continue a suit against the insured of the insolvent insurance company for that collision damage. -(d) The association shall have the right to recover from any person who is an affiliate of the insolvent insurer and whose liability obligations to other persons are satisfied in whole or in part by payments made under this article the amount of any covered claim and allocated claims expense paid on behalf of that person pursuant to this article. -(e) Any person having a claim or legal right of recovery under any governmental insurance or guaranty program that is also a covered claim, shall be required to first exhaust his or her right under the program. Any amount payable on a covered claim shall be reduced by the amount of any recovery under the program. -(f) “Covered claims” for unearned premium by lenders under insurance premium finance agreements as defined in Section 673 shall be computed as of the earliest cancellation date of the policy pursuant to Section 673. -(g) “Covered claims” shall not include any judgments against or obligations or liabilities of the insolvent insurer or the commissioner, as liquidator, or otherwise resulting from alleged or proven torts, nor shall any default judgment or stipulated judgment against the insolvent insurer, or against the insured of the insolvent insurer, be binding against the association. -(h) “Covered claims” shall not include any loss adjustment expenses, including adjustment fees and expenses, attorney’s fees and expenses, court costs, interest, and bond premiums, incurred prior to the appointment of a liquidator. -SEC. 2. -Section 1063.5 of the Insurance Code is amended and renumbered, to immediately precede Section 1063.5 of the Insurance Code, to read: -1063.45. -(a) (1) To the extent necessary to secure funds for the association for payment of administrative expenses of the association and covered claims of insolvent insurers and also for payment of reasonable costs of adjusting the claims, the association shall collect premium payments from its member insurers sufficient to discharge its obligations. -(2) The association shall allocate its claim payments and costs, incurred or estimated to be incurred, to one or more of the following categories: -(A) Workers’ compensation claims. -(B) Homeowners’ claims and automobile claims, including all of the following: -(i) Automobile material damage. -(ii) Automobile liability (both personal injury and death and property damage). -(iii) Medical payments. -(iv) Uninsured motorist claims. -(C) Claims other than workers’ compensation, homeowners, and automobile, as defined above. -(3) Separate premium payments shall be required for each category. -(4) The premium payments for each category shall be used to pay the claims and costs allocated to that category. -(b) (1) The rate of premium charged shall be a uniform percentage of net direct written premium in the preceding calendar year applicable to that category. -(2) The rate of premium charges to each member insurer in the appropriate categories shall initially be based on the written premium of each insurer as shown in the latest year’s annual financial statement on file with the commissioner. -(3) The initial premium shall be adjusted by applying the same rate of premium charge as initially used to each insurer’s written premium as shown on the annual statement for the second year following the year on which the initial premium charge was based. -(4) (A) The difference between the initial premium charge and the adjusted premium charge shall be charged or credited to each member insurer by the association as soon as practical after the filing of the annual statements of the member insurers with the commissioner for the year on which the adjusted premium is based. -(B) Any credit due in a specific category to a member insurer as a result of the adjusted premium calculation shall be refunded to the member insurer. -(c) (1) For purposes of this section, “net direct written premiums” means the amount of gross premiums, less return premiums, received in that calendar year upon business done in this state, other than premiums received for reinsurance. -(2) In cases of a dispute as to the amount of the net direct written premium between the association and one of its member insurers, the written decision of the commissioner shall be final. -(d) (1) The premium charged to any member insurer for any of the three categories or a category established by the association shall not be more than 2 percent of the net direct premium written in that category in this state by that member insurer per year, starting on January 1, 2003, until December 31, 2007, and thereafter shall be 1 percent per year, until January 1, 2015. -(2) Commencing January 1, 2015, the premium charged to any member insurer for any of the three categories or a category established by the association shall not be more than 2 percent of the net direct written premium unless there are bonds outstanding that were issued pursuant to Article 14.25 (commencing with Section 1063.50) or Article 14.26 (commencing with Section 1063.70). -(3) If bonds issued pursuant to either article are outstanding, the premium charged to a member insurer for the category for which the bond proceeds are being used to pay claims and expenses shall not be more than 1 percent of the net direct written premium for that category. -(e) (1) The association may exempt or defer, in whole or in part, the premium charge of any member insurer, if the premium charge would cause the member insurer’s financial statement to reflect an amount of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance. However, during the period of deferment, no dividends shall be paid to shareholders or policyholders by the company whose premium charge was deferred. -(2) Deferred premium charges shall be paid when the payment will not reduce capital or surplus below required minimums. -(f) After all covered claims of the insolvent insurer and expenses of administration have been paid, any unused premiums and any reimbursements or claims dividends from the liquidator remaining in any category shall be retained by the association and applied to reduce future premium charges in the appropriate category. -(g) The commissioner may suspend or revoke the certificate of authority to transact business in this state of a member insurer that fails to pay a premium when due and after demand has been made. -(h) Interest at a rate equal to the current federal reserve discount rate plus 2 -1/2 -percent per annum shall be added to the premium of any member insurer that fails to submit the premium requested by the association within 30 days after the mailing request. However, in no event shall the interest rate exceed the legal maximum. -(i) This section shall apply only to premium charges paid prior to January 1, 2017. -(j) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 3. -Section 1063.5 is added to the Insurance Code, to read: -1063.5. -(a) (1) To the extent necessary to secure funds for the association for payment of the administrative expenses of the association, covered claims of insolvent insurers, and for payment of reasonable costs of adjusting the claims, the association shall collect premium payments from its member insurers sufficient to discharge its obligations. -(2) The association shall allocate its claim payments and costs, incurred or estimated to be incurred, to one or more of the following categories: -(A) Workers’ compensation claims. -(B) Homeowners’ claims and automobile claims, including all of the following: -(i) Automobile material damage. -(ii) Automobile liability (both personal injury and death and property damage). -(iii) Medical payments. -(iv) Uninsured motorist claims. -(C) Claims other than workers’ compensation, homeowners’, and automobile, as defined above. -(3) Separate premium payments shall be required for each category. -(4) The premium payments for each category shall be used to pay the claims and costs allocated to that category. -(b) (1) The rate of premium charged shall be a uniform percentage of net direct written premium in the preceding calendar year applicable to that category. -(2) The rate of premium charges to each member insurer in the appropriate categories shall be based on the net direct written premium of each member insurer as shown in the latest year’s annual financial statement on file with the commissioner. -(c) (1) For purposes of this section, “net direct written premiums” means the amount of gross premiums, less return premiums, received in that calendar year upon business done in this state, other than premiums received for reinsurance. -(2) In cases of a dispute as to the amount of the net direct written premium between the association and one of its member insurers, the written decision of the commissioner shall be final. -(d) In charging premiums to member insurers, the association shall adjust, if necessary, the net direct written premiums shown on a member insurer’s annual statement by excluding any premiums written for any lines of insurance or types of coverage not covered by this article under paragraph (3) of subdivision (c) of Section 1063.1. -(e) (1) The premium charged to any member insurer for any of the three categories or a category established by the association shall not be more than 2 percent of the net direct written premium unless there are bonds outstanding that were issued pursuant to Article 14.25 (commencing with Section 1063.50) or Article 14.26 (commencing with Section 1063.70). -(2) If bonds issued pursuant to either article are outstanding, the premium charged to a member insurer for the category for which the bond proceeds are being used to pay claims and expenses shall not be more than 1 percent of the net direct written premium for that category. -(f) (1) The association may exempt or defer, in whole or in part, the premium charge of any member insurer, if the premium charge would cause the member insurer’s financial statement to reflect an amount of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance. However, during the period of deferment, no dividends shall be paid to shareholders or policyholders by the company whose premium charge was deferred. -(2) Deferred premium charges shall be paid when the payment will not reduce capital or surplus below required minimums. -(g) After all covered claims of insolvent insurers and expenses of administration have been paid, any unused premiums and any reimbursements or claims dividends from liquidators remaining in any category shall be retained by the association and applied to reduce future premium charges in the appropriate category. -(h) The commissioner may suspend or revoke the certificate of authority to transact business in this state of a member insurer that fails to pay a premium when due and after demand has been made. -(i) Interest at a rate equal to the current federal reserve discount rate plus 2 -1/2 -percent per annum shall be added to the premium of any member insurer that fails to submit the premium requested by the association within 30 days after the mailing request. However, in no event shall the interest rate exceed the legal maximum. -(j) This section shall apply only to premium charges paid on or after January 1, 2017. -SEC. 4. -Section 1063.14 of the Insurance Code is amended and renumbered, to immediately precede Section 1063.14 of the Insurance Code, to read: -1063.135. -(a) The plan of operation adopted pursuant to subdivision (c) of Section 1063 shall contain provisions whereby each member insurer is required to recoup in the year following the premium charge a sum reasonably calculated to recoup the premium charge paid by the member insurer under this article by way of a surcharge on premiums charged for insurance policies to which this article applies. Amounts recouped shall not be considered premiums for any other purpose, including the computation of gross premium tax or agents’ commission. -(b) The amount of any surcharge shall be separately stated on either a billing or policy declaration sent to an insured. The association shall determine the rate of the surcharge and the collection period for each category and these shall be mandatory for all member insurers of the association who write business in those categories. Member insurers who collect surcharges in excess of premiums paid pursuant to Section 1063.45 for an insolvent insurer shall remit the excess to the association as an additional premium within 30 days after the association has determined the amount of the excess recoupment and given notice to the member insurer of that amount. The excess shall be applied to reduce future premium charges in the appropriate category. -(c) The plan of operation may permit a member insurer to omit collection of the surcharge from its insureds when the expense of collecting the surcharge would exceed the amount of the surcharge. However, nothing in this section shall relieve the member insurer of its obligation to recoup the amount of surcharge otherwise collectible. -(d) This section shall apply only to premium charges paid prior to January 1, 2017. -(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. -SEC. 5. -Section 1063.14 is added to the Insurance Code, to read: -1063.14. -(a) (1) The plan of operation adopted pursuant to subdivision (c) of Section 1063 shall contain provisions whereby each member insurer is required to recoup in the year following the premium charge a sum calculated to recoup the premium charge paid by the member insurer under this article by way of a surcharge on premiums charged for insurance policies to which this article applies. -(2) Amounts recouped shall not be considered premiums for any other purpose, including the computation of gross premium tax or agents’ commission. -(b) (1) The amount of any surcharge shall be separately stated on either a billing or policy declaration sent to an insured. The association shall determine the rate of the surcharge and the collection period for each category, and these shall be mandatory for all member insurers of the association who write business in those categories. -(2) Each member insurer shall file a report in accordance with the provisions of the plan of operation indicating the amount of surcharges it has collected. -(A) Member insurers who collect surcharges in excess of premium charges paid in the preceding year pursuant to Section 1063.5 shall remit the excess to the association as an additional premium within 30 days after the association has determined the amount of the excess recoupment and given notice to the member insurer of that amount. The excess shall be applied to reduce future premium charges in the appropriate category. -(B) Member insurers who report surcharge collections that are less than what they paid in the preceding year’s premium charge shall receive reimbursement from the association for the shortfall in surcharge collection. -(c) (1) The plan of operation may permit a member insurer to omit collection of the surcharge from its insureds when the expense of collecting the surcharge would exceed the amount of the surcharge. -(2) A member insurer electing to omit collecting surcharges from any of its insureds shall not be entitled to any reimbursement from the association pursuant to subdivision (b). -(3) However, nothing in this section shall relieve the member insurer of its obligation to recoup the amount of surcharge otherwise collectible. -(d) This section shall apply only to premium charges paid on or after January 1, 2017.","(1) Existing law creates the California Insurance Guarantee Association (CIGA) and requires all insurers admitted to transact specified insurance lines in this state to become members. Each time an insurer becomes insolvent, to the extent necessary to secure funds for payment of covered claims of that insolvent insurer and also for payment of reasonable costs of adjusting the claims, CIGA is required to collect premium payments from its member insurers sufficient to discharge its obligations, as specified. -This bill, among other things, would no longer require an insurer to become insolvent in order for CIGA to collect premium payments from the member insurers and would require CIGA to collect premiums in order to secure funds for the payment of its administrative expenses. -(2) Under existing law, CIGA is required to be a party in interest in all proceedings involving a covered claim, and has the same rights as the insolvent insurer would have had if not in liquidation, but CIGA has no cause of action against the insureds of the insolvent insurer for any sums it has paid out, except as provided. -This bill would provide that the above-stated provision denying CIGA a cause of action against insureds does not limit CIGA’s right to pursue unpaid reimbursements owed by an employer pursuant to a workers’ compensation insurance policy with a deductible if the employer was obligated to reimburse the insurer for benefits payments and related expenses paid by the insurer or CIGA from a special deposit or from other CIGA funds pursuant to the terms of the policy and related agreements. -(3) Existing law requires that the rate of premium charged be a uniform percentage of net direct written premium, as defined, in the preceding calendar year applicable to specific categories of insurance. The rate of premium charges to each member insurer in the appropriate categories are initially based on the written premium of each insurer as shown in the latest year’s annual financial statement on file with the Insurance Commissioner and are later adjusted, as provided. Existing law authorizes CIGA to refund any credit due in a specific category of insurance to a member insurer as a result of the adjusted premium calculation, as provided. -This bill would instead require CIGA, with regard to premium charges paid prior to January 1, 2017, to refund to a member insurer any credit due in a specific category as a result of the adjusted premium calculation. -This bill, with regard to premium charges paid on or after January 1, 2017, would delete the requirements that the rate of premium charges be initially based on the written premium of each insurer, that the premium charges be adjusted later as provided, and that the member insurer be eligible for a refund of any credit due to that member insurer as a result of the adjusted premium calculation, and would instead require that the rate of premium charges to each member insurer in the appropriate categories be based on the net direct written premium of each insurer as shown in the latest year’s annual financial statement on file with the commissioner. The bill would also make conforming changes. -(4) Existing law authorizes CIGA to exempt or defer a member insurer from paying the premium charge if the payment would cause the member insurer’s financial statement to reflect an amount of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance. Deferred premium charges are required to be paid when the payment will not reduce capital or surplus below required minimums. These payments are credited against future premium charges to those companies receiving larger premium charges by virtue of the deferment. -This bill would delete the requirement that the payments be credited against future premium charges to those companies receiving larger premium charges by virtue of the deferment. -(5) Existing law requires CIGA’s plan of operations to contain provisions requiring each member insurer to recoup the premium charge paid to CIGA from its insureds over a reasonable length of time by way of a reasonably calculated surcharge on insurance policies to which the provisions of CIGA apply. -This bill would instead require each member insurer to recoup the premium charge from its insureds in the year following the charge. The bill, with regard to premium charges paid on or after January 1, 2017, among other things, would require the member insurer to file a report in accordance with the provisions of the plan of operation indicating the amount of surcharges it has collected, and would prohibit a member insurer electing to omit collecting surcharges from any of its insureds from being entitled to any reimbursement from CIGA, as specified.","An act to amend Section 1063.2 of, to amend, renumber, and add Sections 1063.5 and 1063.14 of, and to repeal Sections 1063.45 and 1063.135 of, the Insurance Code, relating to insurance." -1186,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 4425 of the Business and Professions Code is amended to read: -4425. -(a) As a condition for the participation of a pharmacy in the Medi-Cal program pursuant to Chapter 7 (commencing with Section 14000) of Division 9 of the Welfare and Institutions Code, the pharmacy, upon presentation of a valid prescription for the patient and the patient’s Medicare -card, -card or evidence of residency in California, such as a state-issued identification card or state-issued motor vehicle driver’s license, -shall charge Medicare beneficiaries -or other patients -a price that does not exceed the Medi-Cal reimbursement rate for prescription medicines, and an amount, as set by the State Department of Health Care Services to cover electronic transmission charges. However, Medicare beneficiaries -or other patients -shall not be allowed to use the Medi-Cal reimbursement rate for over-the-counter medications or compounded prescriptions. -(b) The State Department of Health Care Services shall provide a mechanism to calculate and transmit the price to the pharmacy, but shall not apply the Medi-Cal drug utilization review process for purposes of this section. -(c) The State Department of Health Care Services shall monitor pharmacy participation with the requirements of subdivision (a). -(d) The State Department of Health Care Services shall conduct an outreach program to inform Medicare beneficiaries -and California residents generally, -of their right to participate in the program described in subdivision (a), including, but not limited to, the following: -(1) Including on its Internet Web site the Medi-Cal reimbursement rate for, at minimum, 200 of the most commonly prescribed medicines and updating this information monthly. -(2) Providing a sign to participating pharmacies that the pharmacies shall prominently display at the point of service and at the point of sale, reminding the Medicare beneficiaries -and other eligible patients -to ask that the charge for their prescription be the same amount as the Medi-Cal reimbursement rate and providing the department’s telephone number, e-mail address, and Internet Web site address to access information about the program. -(e) If prescription drugs are added to the scope of benefits available under the federal Medicare -program, -Program, -the Senate Office of Research shall report that fact to the appropriate committees of the Legislature. It is the intent of the Legislature to evaluate the need to continue the implementation of this article -for Medicare beneficiaries -under those circumstances. -(f) This section shall not apply to a prescription that is covered by insurance. -For purposes of this section, “covered by insurance” does not apply to a prescription for a specific medication prescribed for a patient that is not included on the drug formulary maintained by that patient’s health care service plan or health insurer, and for which the patient is prepared to pay cash. -SECTION 1. -Section 4425 of the -Business and Professions Code -is amended to read: -4425. -(a)As a condition for the participation of a pharmacy in the Medi-Cal program pursuant to Chapter 7 (commencing with Section 14000) of Division 9 of the Welfare and Institutions Code, the pharmacy, upon presentation of a valid prescription for the patient and the patient’s Medicare card, shall charge Medicare beneficiaries a price that does not exceed the Medi-Cal reimbursement rate for prescription medicines, and an amount, as set by the State Department of Health Care Services to cover electronic transmission charges. However, Medicare beneficiaries shall not be allowed to use the Medi-Cal reimbursement rate for over-the-counter medications or compounded prescriptions. -(b)The State Department of Health Care Services shall provide a mechanism to calculate and transmit the price to the pharmacy, but shall not apply the Medi-Cal drug utilization review process for purposes of this section. -(c)The State Department of Health Care Services shall monitor pharmacy participation with the requirements of subdivision (a). -(d)The State Department of Health Care Services shall conduct an outreach program to inform Medicare beneficiaries of their right to participate in the program described in subdivision (a), including, but not limited to, the following: -(1)Including on its Internet Web site the Medi-Cal reimbursement rate for, at minimum, 200 of the most commonly prescribed medicines and updating this information monthly. -(2)Providing a sign to participating pharmacies that the pharmacies shall prominently display at the point of service and at the point of sale, reminding the Medicare beneficiaries to ask that the charge for their prescription be the same amount as the Medi-Cal reimbursement rate and providing the department’s telephone number, e-mail address, and Internet Web site address to access information about the program. -(e)If prescription drugs are added to the scope of benefits available under the federal Medicare program, the Senate Office of Research shall report that fact to the appropriate committees of the Legislature. It is the intent of the Legislature to evaluate the need to continue the implementation of this article under those circumstances. -(f)This section shall not apply to a prescription that is covered by insurance. -(g)(1)On or before February 1, 2017, the State Department of Health Care Services shall submit a report to the appropriate policy and fiscal committees of the Legislature on the effectiveness of subdivision (a), with data derived pursuant to subdivisions (b) to (d), inclusive, and other data as the department deems necessary. The department also shall include in the report other options and strategies to achieve the greatest savings on prescription drugs for patients. -(2)A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. -(3)The requirement for submitting a report imposed under this subdivision is inoperative on February 1, 2021, pursuant to Section 10231.5 of the Government Code.","Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid -program -Program -provisions. Existing law requires reimbursement to Medi-Cal pharmacy providers for drugs, as prescribed. As a condition for the participation of a pharmacy in the Medi-Cal program, and subject to specified exceptions, existing law requires the pharmacy, upon presentation of a valid prescription for a patient and the patient’s Medicare card, to charge Medicare beneficiaries a price that does not exceed the Medi-Cal reimbursement rate for prescription medicines and an amount, as set by the department, to cover electronic transmission charges. -Existing law prohibits Medicare beneficiaries from being allowed to use the Medi-Cal reimbursement rate for over-the-counter medications or compound medications. Existing law provides that these provisions do not apply to a prescription that is covered by insurance. Existing law requires the department to conduct an outreach program to inform Medicare beneficiaries of their right to participate in this program. -This bill would -require the State Department of Health Care Services, on or before February 1, 2017, to report to the Legislature on the effectiveness of the Medi-Cal pharmacy procedures described above, as specified, and other options and strategies to achieve the greatest savings on prescription drugs for patients. -expand these provisions to also apply to any patient upon presentation of a valid prescription for the patient and evidence of residency in California. The bill would provide that for purposes of these provisions “covered by insurance” does not apply to a prescription for a specific medication prescribed for a patient that is not included on the drug formulary maintained by that patient’s health care service plan or health insurer, and for which the patient is prepared to pay cash.","An act to amend Section 4425 of the Business and Professions Code, relating to pharmacies." -1187,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 18980 of the Food and Agricultural Code is amended to read: -18980. -(a) The application fee for a livestock meat inspector’s license or a processing inspector’s license is one hundred dollars ($100). If an applicant for a license does not take the examination within one year after the date of the receipt of the application by the secretary, the application expires. Reexamination requires the payment of an additional application fee. -(b) Each license shall expire on the last day of the calendar year for which it is issued. The fee shall not be prorated. -(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SEC. 2. -Section 18981 of the Food and Agricultural Code is amended to read: -18981. -(a) Application for renewal of a license accompanied by a fee of one hundred dollars ($100) shall be made on or before its expiration. Applicants for renewal of a license who have not paid the renewal fee by the expiration date of the license shall be assessed a twenty-five dollar ($25) penalty. Failure to pay the renewal fee plus the penalty within 90 days of expiration shall cause a revocation of a license. -(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SEC. 3. -Section 19010 of the Food and Agricultural Code is amended to read: -19010. -(a) Each person shall, before operating a meat processing establishment or a custom livestock slaughterhouse, file an application accompanied with an application fee, with the secretary for a license to operate the establishment. The application shall be in the form as the secretary may prescribe. -(b) Subject to Section 19011.5, the application fee for a meat processing establishment or a new, previously unlicensed custom livestock slaughterhouse is five hundred dollars ($500) for a license for one year for each establishment that the applicant desires to operate. Each license shall expire on the last day of the calendar year for which it was issued. The fee shall not be prorated. -(c) The fee for a license application submitted upon a change of ownership of an existing, previously licensed custom livestock slaughterhouse shall be based on the number of head of livestock slaughtered by the custom livestock slaughterhouse during the preceding October through September time period, as described in subdivision (a) of Section 19011. -(d) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SEC. 4. -Section 19011 of the Food and Agricultural Code is amended to read: -19011. -(a) Application for renewal of a license accompanied by a renewal fee shall be made on or before its expiration. -(1) Subject to Section 19011.5, the annual renewal fee for a custom livestock slaughterhouse is: -(A) Five hundred dollars ($500) if the plant slaughtered 1,000 or fewer head of livestock during the preceding October through September time period. -(B) Seven hundred fifty dollars ($750) if the plant slaughtered between 1,000 and 5,000 head of livestock during the preceding October through September time period. -(C) One thousand two hundred dollars ($1,200) if the plant slaughtered over 5,000 head of livestock during the preceding October through September time period. -(2) Subject to Section 19011.5, the annual renewal fee for a meat reprocessing establishment is five hundred dollars ($500). -(b) Applicants for renewal who have not paid the renewal fee by the expiration date of the license shall be assessed a penalty of 10 percent of the unpaid balance. Failure to pay the renewal fee plus the penalty within 90 days of expiration shall cause a revocation of a license. -(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SEC. 5. -Section 24744 of the Food and Agricultural Code is amended to read: -24744. -(a) Subject to Section 24745.5, the application fee for a new, previously unlicensed poultry plant is five hundred dollars ($500) for a license for one year for each poultry plant that the applicant desires to operate. -(b) The fee for a license application submitted upon change of ownership of an existing, previously licensed poultry plant shall be based on the number of poultry slaughtered by the poultry plant during the preceding October through September time period, as described in subdivision (b) of Section 24745. -(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SEC. 6. -Section 24745 of the Food and Agricultural Code, as added by Section 34 of Chapter 133 of the Statutes of 2011, is repealed. -SEC. 7. -Section 24745 of the Food and Agricultural Code, as added by Section 8 of Chapter 134 of the Statutes of 2011, is amended to read: -24745. -(a) Application for renewal of a license accompanied by a renewal fee shall be made on or before its expiration. -(b) Subject to Section 24745.5, the annual license renewal fee for a poultry plant is: -(1) Five hundred dollars ($500) if the plant slaughtered 10,000 or fewer poultry during the preceding October through September time period. -(2) Seven hundred fifty dollars ($750) if the plant slaughtered between 10,000 and 100,000 poultry during the preceding October through September time period. -(3) One thousand two hundred dollars ($1,200) if the plant slaughtered over 100,000 poultry during the preceding October through September time period. -(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SEC. 8. -Section 25053 of the Food and Agricultural Code is amended to read: -25053. -(a) The application fee for a license is one hundred dollars ($100). -(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SEC. 9. -Section 25055 of the Food and Agricultural Code is amended to read: -25055. -(a) Application for renewal of a license accompanied by a fee of one hundred dollars ($100) shall be made on or before the last day of the calendar year for which the license was issued. -(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. -SEC. 10. -Section 25056 of the Food and Agricultural Code is amended to read: -25056. -(a) Applicants for renewal who have not paid the renewal fee by the expiration date of the license shall be assessed a twenty-five dollar ($25) penalty. Failure to pay the renewal fee plus the penalty within 90 days of expiration shall cause a revocation of a license. -(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.","The California Meat and Poultry Supplemental Inspection Act requires, until January 1, 2017, each person to be licensed before operating a meat processing establishment or a custom livestock slaughterhouse and sets annual license renewal fees for custom livestock slaughterhouses and meat processing establishments. The act, until January 1, 2017, also establishes application fees for initial and renewal of licenses for livestock meat inspectors and processing inspectors. The act imposes a penalty on applicants for renewal who fail to pay the renewal fee by the expiration date of the meat processing establishment, custom livestock slaughterhouse, livestock meat inspector, or processing inspector license and provides cause for revocation of the license if the applicant fails to pay the renewal fee, plus the penalty, within 90 days of the license’s expiration. -Existing law provides for the regulation, inspection, and licensing of poultry plants and for the regulation and licensing of poultry meat inspectors. Existing law, until January 1, 2017, specifies the license application fees for a new, previously unlicensed poultry plant and for a license application submitted upon change of ownership of an existing, previously licensed poultry plant. Existing law, until January 1, 2017, requires that an application for renewal of a license of a poultry plant, accompanied by a specified renewal fee, be made on or before the expiration of the license. -Existing law, until January 1, 2017, specifies the application fee for a poultry meat inspector license application and the renewal fee of that license. Existing law, until January 1, 2017, imposes a penalty of $25 on applicants for renewal who fail to pay the renewal fee by the expiration date of the license, and provides for revocation of the license if the applicant fails to pay the renewal fee, plus the penalty, within 90 days of the license’s expiration. -This bill would extend these licensing and inspector provisions to January 1, 2022, and would delete an obsolete provision.","An act to amend Sections 18980, 18981, 19010, 19011, 24744, 25053, 25055, and 25056 of, and to repeal and amend Section 24745 of, the Food and Agricultural Code, relating to meat." -1188,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 300 of the Welfare and Institutions Code is amended to read: -300. -A child who comes within any of the following descriptions is within the jurisdiction of the juvenile court which may adjudge that person to be a dependent child of the court: -(a) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the child’s parent or guardian. For purposes of this subdivision, a court may find there is a substantial risk of serious future injury based on the manner in which a less serious injury was inflicted, a history of repeated inflictions of injuries on the child or the child’s siblings, or a combination of these and other actions by the parent or guardian that indicate the child is at risk of serious physical harm. For purposes of this subdivision, “serious physical harm” does not include reasonable and age-appropriate spanking to the buttocks if there is no evidence of serious physical injury. -(b) (1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of the failure or inability of his or her parent or guardian to adequately supervise or protect the child, or the willful or negligent failure of the child’s parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left, or by the willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment, or by the inability of the parent or guardian to provide regular care for the child due to the parent’s or guardian’s mental illness, developmental disability, or substance abuse. A child shall not be found to be a person described by this subdivision solely due to the lack of an emergency shelter for the family. Whenever it is alleged that a child comes within the jurisdiction of the court on the basis of the parent’s or guardian’s willful failure to provide adequate medical treatment or specific decision to provide spiritual treatment through prayer, the court shall give deference to the parent’s or guardian’s medical treatment, nontreatment, or spiritual treatment through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, by an accredited practitioner thereof, and shall not assume jurisdiction unless necessary to protect the child from suffering serious physical harm or illness. In making its determination, the court shall consider (1) the nature of the treatment proposed by the parent or guardian, (2) the risks to the child posed by the course of treatment or nontreatment proposed by the parent or guardian, (3) the risk, if any, of the course of treatment being proposed by the petitioning agency, and (4) the likely success of the courses of treatment or nontreatment proposed by the parent or guardian and agency. The child shall continue to be a dependent child pursuant to this subdivision only so long as is necessary to protect the child from risk of suffering serious physical harm or illness. -(2) The Legislature finds and declares that a child who is sexually trafficked, as described in Section 236.1 of the Penal Code, or who receives food or shelter in exchange for, or who is paid to perform, sexual acts described in Section 236.1 or 11165.1 of the Penal Code, -or who has engaged in the conduct described in subdivision (b) of Section 647 or Section 653.22 of the Penal Code, -and whose parent or guardian failed to, or was unable to, protect the child, is within the description of this subdivision, and that this finding is declaratory of existing law. These children shall be known as commercially sexually exploited children. -(c) The child is suffering serious emotional damage, or is at substantial risk of suffering serious emotional damage, evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, as a result of the conduct of the parent or guardian or who has no parent or guardian capable of providing appropriate care. A child shall not be found to be a person described by this subdivision if the willful failure of the parent or guardian to provide adequate mental health treatment is based on a sincerely held religious belief and if a less intrusive judicial intervention is available. -(d) The child has been sexually abused, or there is a substantial risk that the child will be sexually abused, as defined in Section 11165.1 of the Penal Code, by his or her parent or guardian or a member of his or her household, or the parent or guardian has failed to adequately protect the child from sexual abuse when the parent or guardian knew or reasonably should have known that the child was in danger of sexual abuse. -(e) The child is under the age of five years and has suffered severe physical abuse by a parent, or by any person known by the parent, if the parent knew or reasonably should have known that the person was physically abusing the child. For the purposes of this subdivision, “severe physical abuse” means any of the following: any single act of abuse which causes physical trauma of sufficient severity that, if left untreated, would cause permanent physical disfigurement, permanent physical disability, or death; any single act of sexual abuse which causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness; or the willful, prolonged failure to provide adequate food. A child shall not be removed from the physical custody of his or her parent or guardian on the basis of a finding of severe physical abuse unless the social worker has made an allegation of severe physical abuse pursuant to Section 332. -(f) The child’s parent or guardian caused the death of another child through abuse or neglect. -(g) The child has been left without any provision for support; physical custody of the child has been voluntarily surrendered pursuant to Section 1255.7 of the Health and Safety Code and the child has not been reclaimed within the 14-day period specified in subdivision (g) of that section; the child’s parent has been incarcerated or institutionalized and cannot arrange for the care of the child; or a relative or other adult custodian with whom the child resides or has been left is unwilling or unable to provide care or support for the child, the whereabouts of the parent are unknown, and reasonable efforts to locate the parent have been unsuccessful. -(h) The child has been freed for adoption by one or both parents for 12 months by either relinquishment or termination of parental rights or an adoption petition has not been granted. -(i) The child has been subjected to an act or acts of cruelty by the parent or guardian or a member of his or her household, or the parent or guardian has failed to adequately protect the child from an act or acts of cruelty when the parent or guardian knew or reasonably should have known that the child was in danger of being subjected to an act or acts of cruelty. -(j) The child’s sibling has been abused or neglected, as defined in subdivision (a), (b), (d), (e), or (i), and there is a substantial risk that the child will be abused or neglected, as defined in those subdivisions. The court shall consider the circumstances surrounding the abuse or neglect of the sibling, the age and gender of each child, the nature of the abuse or neglect of the sibling, the mental condition of the parent or guardian, and any other factors the court considers probative in determining whether there is a substantial risk to the child. -It is the intent of the Legislature that this section not disrupt the family unnecessarily or intrude inappropriately into family life, prohibit the use of reasonable methods of parental discipline, or prescribe a particular method of parenting. Further, this section is not intended to limit the offering of voluntary services to those families in need of assistance but who do not come within the descriptions of this section. To the extent that savings accrue to the state from child welfare services funding obtained as a result of the enactment of the act that enacted this section, those savings shall be used to promote services which support family maintenance and family reunification plans, such as client transportation, out-of-home respite care, parenting training, and the provision of temporary or emergency in-home caretakers and persons teaching and demonstrating homemaking skills. The Legislature further declares that a physical disability, such as blindness or deafness, is no bar to the raising of happy and well-adjusted children and that a court’s determination pursuant to this section shall center upon whether a parent’s disability prevents him or her from exercising care and control. The Legislature further declares that a child whose parent has been adjudged a dependent child of the court pursuant to this section shall not be considered to be at risk of abuse or neglect solely because of the age, dependent status, or foster care status of the parent. -As used in this section, “guardian” means the legal guardian of the child. -SECTION 1. -Section 602 of the -Welfare and Institutions Code -is amended to read: -602. -(a)Except as provided in subdivision (b), any person who is under 18 years of age when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime, other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court. -(b)Any person who is alleged, when he or she was 14 years of age or older, to have committed one of the following offenses shall be prosecuted under the general law in a court of criminal jurisdiction: -(1)Murder, as described in Section 187 of the Penal Code, if one of the circumstances enumerated in subdivision (a) of Section 190.2 of the Penal Code is alleged by the prosecutor, and the prosecutor alleges that the minor personally killed the victim. -(2)The following sex offenses, if the prosecutor alleges that the minor personally committed the offense and alleges that one of the circumstances enumerated in subdivision (d) or (e) of Section 667.61 of the Penal Code applies: -(A)Rape, as described in paragraph (2) of subdivision (a) of Section 261 of the Penal Code. -(B)Spousal rape, as described in paragraph (1) of subdivision (a) of Section 262 of the Penal Code. -(C)Forcible sex offenses in concert with another, as described in Section 264.1 of the Penal Code. -(D)Forcible lewd and lascivious acts on a child under 14 years of age, as described in subdivision (b) of Section 288 of the Penal Code. -(E)Forcible sexual penetration, as described in subdivision (a) of Section 289 of the Penal Code. -(F)Sodomy or oral copulation in violation of Section 286 or 288a of the Penal Code, by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. -(G)Lewd and lascivious acts on a child under 14 years of age, as defined in subdivision (a) of Section 288, unless the defendant qualifies for probation under subdivision (d) of Section 1203.066 of the Penal Code.","Existing law establishes the jurisdiction of the juvenile court, which may adjudge certain children to be dependents of the court under certain circumstances, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law declares that a child is within the dependency jurisdiction of the juvenile court if the child is a victim of sexual trafficking, or receives food, shelter, or money in exchange for specified sexual acts, as a result of the failure or inability of his or her parent or guardian to protect the child, and declares that this is declaratory of existing law. -This bill would additionally include a child within the dependency jurisdiction of the juvenile court if the child solicits or engages in any act of prostitution or loiters in a public place with the intent to commit prostitution, and the child’s parent or guardian has failed to protect the child. The bill would state that these provisions are declaratory of existing law. -The Arnold-Kennick Juvenile Court Law provides that any person who is under 18 years of age when he or she violates any criminal law while in this state, except an age curfew ordinance or any other specified offense, comes within the jurisdiction of the juvenile court, which may adjudge the person a ward of the court. -This bill would make technical, nonsubstantive changes to that provision.","An act to amend Section -602 -300 -of the Welfare and Institutions Code, relating to juveniles." -1189,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Food is the single most prevalent item in California’s waste stream, with over 5.5 million tons of food dumped in landfills every year in the state. -(b) Four percent of the total energy budget, about 12 percent of the land, and 23 percent of all freshwater consumed in the United States is used to grow food that goes uneaten. -(c) Discarded food is a drain on our economy, costing consumers and industry $162 billion each year nationally. -(d) Reducing food losses by just 15 percent would be equivalent to enough food to feed more than 25 million Americans every year. According to estimates, more than 6 million Californians, including one in four children, suffer from food insecurity. -(e) Dumping uneaten food and other organic waste into landfills releases more than 8.3 million tons of greenhouse gases each year in California, contributing 20 percent of the state’s methane emissions. -(f) Misinterpretation of the date labels on foods is a key factor leading to food waste in American households, and surveys show that 56 to 90 percent of consumers discard food prematurely as a result of misinterpreting food date labels. -(g) It is the public policy of this state that consumers benefit from uniform and accurate expiration date labeling. -SEC. 2. -Section 114094.6 is added to the Health and Safety Code, to read: -114094.6. -(a) If a food manufacturer or retail food facility chooses to include a quality date on foods not identified pursuant to subdivision (b) of Section 114094.7, the quality date shall be displayed in accordance with this section. -(b) (1) On or before July 1, 2017, food for sale or offered for sale in the state that includes a quality date shall meet all of the following requirements: -(A) The quality date shall be displayed with the uniform phrase “best if used by” unless and until the department specifies a different uniform term. The department shall have discretion to modify these guidelines, after consulting with stakeholders in an open public process. -(B) -The quality date and phrase shall be displayed in a single easy-to-read type style using upper and lower case letters in the standard form, in 8-point type size or larger, located in a conspicuous place on the food package. -The -quality -date shall be expressed by the first three letters of the month followed by the numeral designating the appropriate calendar day and year or by expressing the calendar month numerically followed by a numeral designating the calendar day and a numeral designating the year. -(2) The department may adopt regulations modifying these guidelines, after consulting with stakeholders in an open public process, in accordance with the Administrative Procedure Act (Chapter 3.5 (commending with Section 11340) of Part 1 of Division 3 of the Government Code). -(c) For purposes of this article, “quality date” means the date indicated on the label affixed to the packaging or container of food, pursuant to subdivision (b), that communicates to consumers the date after which the food’s quality may begin to deteriorate. -(d) On and after July 1, 2017, a retail food facility shall not sell or offer for sale a food item that is not labeled in accordance with this section or Section 114094.7, as applicable. -(e) (1) A retail food facility may donate a food item that is not labeled in accordance with this section. -(2) This section does not prohibit, and shall not be construed to discourage, the sale, donation, or use of food after the food’s quality date has passed. -(3) Nothing in this section shall be construed to create a legal liability for a retail food provider to ensure that the manufacturer has properly labeled the product. -SEC. 3. -Section 114094.7 is added to the -Health and Safety Code -, to read: -114094.7. -(a)On and after July 1, 2017, a retail food facility that offers for sale any food identified by the department pursuant to subdivision (b) shall, at the time of sale to the consumer, cause the package or container of that food to be labeled in a manner that identifies the elevated-risk date, in accordance with the regulations adopted by the department pursuant to subdivision (c). -(b)The department shall establish a list of ready-to-eat foods that have a high level of risk associated with consumption after a specified date, such as those classified by the United States Food and Drug Administration and the United States Department of Agriculture as “very high risk” or “high risk” for Listeria monocytogenes, and post that list on the department’s Internet Web site. -(c)(1)On or before July 1, 2017, the department shall adopt regulations, in accordance with the Administrative Procedure Act (Chapter 3.5 (commending with Section 11340) of Part 1 of Division 3 of the Government Code), requiring that a retail food facility display the elevated-risk date with the uniform phrase “expires on” unless and until the department specifies a different uniform term. -(2) The department may adopt regulations modifying these guidelines, after consulting with stakeholders in an open public process, in accordance with the Administrative Procedure Act. -(d)For purposes of this section, “elevated risk” means the date indicated on the label affixed to the packaging or container of food, pursuant to subdivision (a), after which there is a high level of risk associated with the consumption of the food product. -(e)On and after July 1, 2017, a retail food facility shall not sell or offer for sale a food item that is not labeled in accordance with this section or Section 114094.6, as applicable. -SEC. 3. -Section 114094.7 is added to the Health and Safety Code, to read: -114094.7. -(a) A food manufacturer may include an elevated risk date on products that require time/temperature control for safety (TCS), as defined by the United States Food and Drug Administration (FDA) Food Code, as published in 2013. -(b) (1) On and after July 1, 2017, food for sale or offered for sale in the state that includes an elevated risk date on the product shall meet both of the following requirements: -(A) The elevated risk date shall be displayed with the uniform phrase “expires on,” unless and until the department specifies a different uniform phrase. -(B) The date shall be expressed by the first three letters of the month, followed by the numerals designating the appropriate calendar day and year or by expressing the calendar month numerically followed by numerals designating the calendar day and year. -(2) The department may adopt regulations adding or exempting foods from the provisions of this section, after consulting with stakeholders in an open public process, in accordance with the Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). -(3) The department may modify the guidelines in this subdivision after consulting with stakeholders in an open public process. -(c) For purposes of this section, “elevated risk date” means the date indicated on the label affixed to the packaging or container after which there is a high level of risk associated with the consumption of the food product. -(d) Nothing in this section shall be construed to create a legal liability for the retail food provider to ensure that the manufacturer has properly labeled the food product. -SEC. 4. -Section 114094.8 is added to the Health and Safety Code, to read: -114094.8. -On or before December 1, 2017, the department shall provide consumer guidance on the meaning of the quality date and safety date food labels. -SEC. 5. -Section 114094.9 is added to the Health and Safety Code, to read: -114094.9. -(a) A retail food facility shall not sell or offer for sale a food item that is labeled with a “sell-by” date, or any date in the labeling of food that is intended to communicate primarily to a distributor or retailer for purposes of stock rotation that is not a quality date or an elevated-risk date. -(b) This section does not prohibit the use of sell-by dates that are presented in a coded format that is not easily readable by consumers. -(c) Nothing in this section shall be construed to create a legal liability for the retail food provider to ensure that the manufacturer has properly labeled the product. -SEC. 6. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. -However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law, the California Retail Food Code, provides for regulation by the State Department of Public Health of food manufacturers and retail food facilities and the preparation and sale of foods. Under existing law, local health agencies are primarily responsible for enforcing the code. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided. -This bill would, among other things, require the department to identify a list of ready-to-eat foods that have a high level of risk associated with consumption after a specified date and to post that list on its Internet Web site. The bill would, beginning July 1, 2017, require a food manufacturer or retail food facility that chooses to include a quality date, as defined, on foods for sale that are not identified on the department’s list to display that date using the phrase “best if used by” in 8-point type size or larger type, as specified. The bill would, beginning July 1, 2017, require a -retail food facility -food manufacturer -that -offers for sale a food on the department’s list -elects to include an elevated risk date on products that require time/temperature control for safety (TCS) -to label the package or container of that food identifying the elevated-risk date, as defined, using the phrase “expires -on.” The bill would require the department to adopt related regulations on or before July 1, 2017. -on” or another term specified by the department. The bill would specify that it does not create a legal liability for a retail food provider to ensure that the manufacturer has properly labeled the product -. -The bill would make related findings and declarations. -By creating new crimes and imposing additional enforcement duties on local health agencies, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.","An act to add Sections 114094.6, 114094.7, 114094.8, and 114094.9 to the Health and Safety Code, relating to food safety." -1190,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Heavy container corridors connect the Ports of Los Angeles and Long Beach to warehouses and distribution centers throughout the port area. -(b) -These corridors allow port customers to move certain types of heavy cargo, such as agricultural goods, and from the port complex, which enhance the competitiveness of the two ports. -(c) -These specially designated corridors include streets located in the Cities of Los Angeles, Long Beach, Carson, as well as California state routes. Overweight trucks that have a gross vehicle weight in excess of 80,000 pounds, but no more than 95,000 pounds, are allowed to operate on heavy container corridors upon issuance of permits from their respective jurisdictions. -(d) -The Cities of Long Beach and Carson share a common method of determining whether a truck is overweight while traversing heavy container corridors. However, the City of Los Angeles currently uses a different method of determining whether a truck is overweight. -(e) -This difference causes confusion, results in users of the heavy container corridors in the City of Los Angeles to incur fines and penalties, and incentivizes noncompliance with safety measures required on the corridors. -(f) -It is the intent of the Legislature in enacting this act that the Cities of Los Angeles, Carson, and Long Beach all utilize the same methodology to enforce the weight limits established by permits issued by the Department of Transportation for trucks traveling along heavy container corridors. -SECTION 1. -SEC. 2. -Section 35700.5 of the Vehicle Code is amended to read: -35700.5. -(a) The Department of Transportation, upon adoption of an ordinance or resolution that is in conformance with the provisions of this section by the City of Carson, the City of Long Beach, and the City of Los Angeles, covering designated routes, may issue a special permit to the operator of a vehicle, combination of vehicles, or mobile equipment, permitting the operation and movement of the vehicle, combination, or equipment, and its load, on the 3.66-mile portion of State Route 47 and State Route 103 known as the Terminal Island Freeway, between Willow Street in the City of Long Beach and Terminal Island in the City of Long Beach and the City of Los Angeles, and on the 2.4-mile portion of State Highway Route 1, that is between Sanford Avenue in the City of Los Angeles and Harbor Avenue in the City of Long Beach, if the vehicle, combination, or equipment meets all of the following criteria: -(1) The vehicle, combination of vehicles, or mobile equipment is used to transport intermodal cargo containers that are moving in international commerce. -(2) The vehicle, combination of vehicles, or mobile equipment, in combination with its load, has a maximum gross weight in excess of the maximum gross weight limit of vehicles and loads specified in this chapter, but does not exceed 95,000 pounds gross vehicle weight. -(3) (A) The vehicle, combination of vehicles, or mobile equipment conforms to the axle weight limits specified in Section 35550. -(B) The vehicle, combination of vehicles, or mobile equipment conforms to the axle weight limits in Section 35551, except as specified in subparagraph (C). -(C) Vehicles, combinations of vehicles, or mobile equipment that impose more than 80,000 pounds total gross weight on the highway by any group of two or more consecutive axles, exceed 60 feet in length between the extremes of any group of two or more consecutive axles, or have more than six axles shall conform to weight limits that shall be determined by the Department of Transportation. -(b) The permit issued by the Department of Transportation shall be required to authorize the operation or movement of a vehicle, combination of vehicles, or mobile equipment described in subdivision (a). The permit shall not authorize the movement of hazardous materials or hazardous wastes, as those terms are defined by local, state, and federal law. The following criteria shall be included in the application for the permit: -(1) A description of the loads and vehicles to be operated under the permit. -(2) An agreement wherein each applicant agrees to be responsible for all injuries to persons and for all damage to real or personal property of the state and others directly caused by or resulting from the operation of the applicant’s vehicles or combination of vehicles under the conditions of the permit. The applicant shall agree to hold harmless and indemnify the state and all its agents for all costs or claims arising out of or caused by the movement of vehicles or combination of vehicles under the conditions of the permit. -(3) The applicant shall provide proof of financial responsibility that covers the movement of the shipment as described in subdivision (a). The insurance shall meet the minimum requirements established by law. -(4) An agreement to carry a copy of the permit in the vehicle at all times and furnish the copy upon request of an employee of the Department of the California Highway Patrol or the Department of Transportation. -(5) An agreement to place an indicia, developed by the Department of Transportation, in consultation with the Department of the California Highway Patrol, upon the vehicle identifying it as a vehicle possibly operating under this section. The indicia shall be displayed in the lower right area of the front windshield of the power unit. The Department of Transportation may charge a fee to cover the cost of producing and issuing this indicia. -(c) The permit issued pursuant to subdivision (a) shall be valid for one year. The permit may be canceled by the Department of Transportation for any of the following reasons: -(1) The failure of the applicant to maintain any of the conditions required pursuant to subdivision (b). -(2) The failure of the applicant to maintain a satisfactory rating, as required by Section 34501.12. -(3) A determination by the Department of Transportation that there is sufficient cause to cancel the permit because the continued movement of the applicant’s vehicles under the permit would jeopardize the safety of the motorists on the roadway or result in undue damage to the highways listed in this section. -(d) This section does not authorize an applicant or holder of a special permit under subdivision (a) to operate a vehicle or combination of vehicles in excess of the maximum gross weight limit of vehicles and loads specified in this chapter outside of the designated corridors identified in subdivision (a). A violation of this subdivision shall result in the revocation of the permit. -(e) The Department of Transportation may charge a fee to cover the cost of issuing a permit pursuant to subdivision (a). -(f) Notwithstanding Section 35700 and Article 6 (commencing with Section 35780), -if -the City of Carson, the City of Long Beach, and the City of Los Angeles -adopt an ordinance or resolution, as described in subdivision (a), the ordinance or resolution shall conform with the weight limits determined by the Department of Transportation pursuant to this section. -shall use and enforce the axle and gross vehicle weight limits used by the Department of Transportation for a permitted vehicle, combination of vehicles, or mobile equipment operating or moving on a route described in subdivision (a) by individual, and not combined, axle group calculations.","Existing law authorizes the Department of Transportation, upon adoption of an ordinance or resolution by the City of Carson, the City of Long Beach, and the City of Los Angeles, to issue a special permit to the operator of a vehicle, combination of vehicles, or mobile equipment, permitting the operation and movement of the vehicle, combination, or equipment, and its load, on specified routes in those cities if the vehicle, combination, or equipment meets specified criteria. Under existing law, those criteria include that the vehicle, combination of vehicles, or mobile equipment is used to transport intermodal cargo containers that are moving in international commerce, and that the maximum gross weight of the vehicles and loads not exceed 95,000 pounds gross vehicle weight. -This bill would require -the above-mentioned ordinance or resolution to conform with the weight limits determined by the Department of Transportation. -the City of Carson, the City of Long Beach, and the City of Los Angeles to use and enforce the axle and gross vehicle weight limits used by the Department of Transportation for a permitted vehicle, combination of vehicles, or mobile equipment operating or moving on the above-described routes by individual, and not combined, axle group calculations.","An act to amend Section 35700.5 of the Vehicle Code, relating to vehicles." -1191,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares that having a healthy housing market that provides an adequate supply of homes affordable to Californians at all income levels is critical to the economic prosperity and quality of life in the state. -(b) The Legislature further finds and declares all of the following: -(1) Funding approved by the state’s voters in 2002 and 2006, as of June 2014, has financed the construction, rehabilitation, and preservation of over 14,000 shelter spaces and 149,000 affordable homes. These numbers include thousands of supportive homes for people experiencing homelessness. In addition, these funds have helped tens of thousands of families become or remain homeowners. Nearly all of the voter-approved funding for affordable housing was awarded by the beginning of 2016. -(2) The requirement in the Community Redevelopment Law that redevelopment agencies set aside 20 percent of tax increment for affordable housing generated roughly $1 billion per year. With the elimination of redevelopment agencies, this funding stream has disappeared. -(3) In 2014, the Legislature committed 10 percent of ongoing cap-and-trade funds for affordable housing that reduces greenhouse gas emissions and dedicated $100 million in one-time funding for affordable multifamily and permanent supportive housing. In addition, the people of California thoughtfully approved the repurposing of $600 million in already committed bond funds for the creation of affordable rental and permanent supportive housing for veterans through the passage of Proposition 41. -(4) Despite these investments, the need in the State of California greatly exceeds the available resources, with recent data showing 36.2 percent of mortgaged homeowners and 47.7 percent of all renters are spending more than 35 percent of their household incomes on housing. -(5) California has 12 percent of the United States population, but 20 percent of its homeless population. California has the highest percentage of unsheltered homeless in the nation, with 63 percent of homeless Californians not having shelter. California has 24 percent of the nation’s homeless veteran’s population and one-third of the nations’ chronically homeless population. California also has the largest populations of unaccompanied homeless children and youth, with 30 percent of the national total. -(6) Furthermore, four of the top 10 metropolitan areas in the country with the highest rate of homelessness are in the following metropolitan areas in California: San Jose-Sunnyvale-Santa Clara, Los Angeles-Long Beach-Santa Ana, Fresno, and Stockton. -(7) California continues to have the second lowest homeownership rate in the nation, and the Los Angeles metropolitan area is now a majority renter area. In fact, five of the eight lowest homeownership rates are in metropolitan areas in California. -(8) Los Angeles and Orange Counties have been identified as the epicenter of overcrowded housing, and numerous studies have shown that children in crowded homes have poorer health, worse scores on mathematics and reading tests, and higher rates of depression and behavioral problems—even when poverty is taken into account. -(9) Millions of Californians are affected by the state’s chronic housing shortage, including seniors, veterans, people experiencing chronic homelessness, working families, people with mental, physical, or developmental disabilities, agricultural workers, people exiting jails, prisons, and other state institutions, survivors of domestic violence, and former foster and transition-aged youth. -(10) Eight of the top 10 hardest hit cities by the foreclosure crisis in the nation were in California. They include the Cities of Stockton, Modesto, Vallejo, Riverside, San Bernardino, Merced, Bakersfield, and Sacramento. -(11) California’s workforce continues to experience longer commute times as persons in the workforce seek affordable housing outside the areas in which they work. If California is unable to support the construction of affordable housing in these areas, congestion problems will strain the state’s transportation system and exacerbate greenhouse gas emissions. -(12) Many economists agree that the state’s higher than average unemployment rate is due in large part to massive shrinkage in the construction industry from 2005 to 2009, inclusive, including losses of nearly 700,000 construction-related jobs, a 60-percent decline in construction spending, and an 83-percent reduction in residential permits. Restoration of a healthy construction sector will significantly reduce the state’s unemployment rate. -(13) The lack of sufficient housing impedes economic growth and development by making it difficult for California employers to attract and retain employees. -SEC. 2. -Chapter 10 (commencing with Section 34191.10) is added to Part 1.85 of Division 24 of the Health and Safety Code, to read: -CHAPTER 10. Local Control Affordable Housing Act -34191.10. -(a) On or before ____, and on or before the same date each year thereafter, the Department of Finance shall determine the amount of General Fund savings for the fiscal year as a result of the dissolution of redevelopment agencies pursuant to this part. -(b) (1) Upon appropriation, 50 percent of the savings computed pursuant to subdivision (a) or one billion dollars ($1,000,000,000), whichever is -greater, -less, -in each fiscal year shall be allocated to the Department of Housing and Community -Development to provide funding -Development. One-half of these funds shall be retained by the department for state level programs and one-half shall be provided -to local agencies for housing purposes pursuant to subdivision (c). -(2) An appropriation described in paragraph (1) shall be suspended for any fiscal year in which the transfer of General Fund revenues to the Budget Stabilization Account is suspended or reduced or funds are returned to the General Fund from the Budget Stabilization Account pursuant to Section 22 of Article XVI of the California Constitution. -(c) The Department of Housing and Community Development shall create an equitable funding -formula, -formula for funding distributed to local agencies, -which shall be geographically balanced and shall take into account factors of need including, but not limited to, poverty rates and lack of supply of affordable housing for persons of low and moderate incomes in local jurisdictions. -(d) (1) A local agency that has received funds pursuant to this chapter shall only use the funds for any of the following purposes: -(A) The development, acquisition, rehabilitation, and preservation or provision of rental housing and homeownership opportunities that are affordable to extremely low, very low, low-, and moderate-income households, including necessary capitalized reserves for operating and rental subsidies and resident services. -(B) Capitalized reserves for capitalized operating costs, rental subsidies, and resident services connected to the creation of new permanent supportive housing, including, but not limited to, developments funded through the Veterans Housing and Homelessness Prevention Program. -(C) Modifications to homes to increase accessibility and visitability, in conjunction with the construction, acquisition, and rehabilitation or preservation of homes affordable to lower income households. -(D) The acquisition and rehabilitation and reuse of foreclosed and vacant homes. -(E) Infrastructure related to affordable infill housing development and other related infill development infrastructure. -(F) The acquisition of land necessary for the development of affordable housing as part of an overall development strategy. -(G) Rapid rehousing of homeless individuals and families. -(2) At least 25 percent of the expenditures shall be directed towards housing for persons of extremely low income and at least 50 percent of the expenditures shall be directed towards housing for persons of very low income. -(3) Any housing built with funds received pursuant to this chapter shall require, by recorded covenants or restrictions, that housing units built shall remain available at affordable housing costs to, and occupied by, persons and families of very low, low-, or moderate-income households for the longest feasible time, but for not less than 55 years for rental units and 45 years for owner-occupied units. -(4) Any local agency that will receive funds pursuant to this chapter shall provide the Department of Housing and Community Development a plan for a no net loss of housing as a result of destruction of any affordable housing units. -(5) No more than 5 percent of funds received pursuant to -these provisions -this chapter -may be used for administrative costs. -(6) Any local agency that receives funds pursuant to -these provisions -this chapter -shall provide an annual report to the Department of Housing and Community Development on the expenditures of the funds. -(e) If a local agency that receives funds does not expend those funds in full within five years, the local agency shall return those -unexpended -funds to the Department of Housing and Community Development, and the department -may -shall -award those funds to another qualifying local agency. -(f) For the purposes of this chapter the following terms have the following meanings: -(1) “Extremely low income households” has the same meaning as used in Section 50106. -(2) “Low-income households” has the same meaning as the term “lower income households” as defined in Section 50079.5. -(3) “Moderate-income households” has the same meaning as the term “persons and families of moderate income” as defined in Section 50093. -(4) “Very low income households” has the same meaning as used in Section 50105.","Existing law, effective February 1, 2012, dissolved all redevelopment agencies and community development agencies and provides for the designation of successor agencies, as specified. Existing law requires successor agencies to service the enforceable obligations of the dissolved agencies and otherwise wind down the affairs of the dissolved agencies. -This bill would establish the Local Control Affordable Housing Act to require the Department of Finance, on or before ____ and on or before the same date each year thereafter, to determine the state General Fund savings for the fiscal year as a result of the dissolution of redevelopment agencies. The bill would provide that, upon appropriation, 50% of that amount or $1,000,000,000, whichever is -greater, -less, -be allocated to the Department of Housing and Community -Development to provide funding -Development. The bill would require the department to retain -1/2 -of these funds for state level programs and to provide the other -1/2 -to local agencies for housing purposes, except as specified. The bill would require the Department of Housing and Community Development to create an equitable funding -formula, -formula for funding distributed to local agencies, -which -shall -the bill would require to -be geographically balanced and -shall -take into account factors of need including, but not limited to, poverty rates and lack of supply of affordable housing for persons of low and moderate incomes in local jurisdictions. The bill would also specify the housing purposes for which those funds may be used.","An act to add Chapter 10 (commencing with Section 34191.10) to Part 1.85 of Division 24 of the Health and Safety Code, relating to housing." -1192,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 15146 of the Education Code is amended to read: -15146. -(a) The bonds shall be issued and sold pursuant to Section 15140, payable out of the interest and sinking fund of the school district or community college district. The governing board of the school district or community college district may sell the bonds at a negotiated sale or by competitive bidding. -(b) (1) Before the sale, the governing board of the school district or community college district shall adopt a resolution, as an agenda item at a public meeting, that includes all of the following: -(A) Express approval of the method of sale. -(B) Statement of the reasons for the method of sale selected. -(C) Disclosure of the identity of the bond counsel, and the identities of the bond underwriter and the financial adviser if either or both are used for the sale, unless these individuals have not been selected at the time the resolution is adopted, in which case the governing board of the school district or community college district shall disclose their identities at the public meeting occurring after they have been selected. -(D) Estimates of the costs associated with the bond issuance. -(E) If the sale includes bonds that allow for the compounding of interest, including, but not limited to, capital appreciation bonds, disclosure of the financing term and time of maturity, repayment ratio, and the estimated change in the assessed value of taxable property within the school district or community college district over the term of the bonds. -(2) If the sale includes bonds that allow for the compounding of interest, including, but not limited to, capital appreciation bonds, the resolution shall be publicly noticed on at least two consecutive meeting agendas, first as an information item and second as an action item. -(c) If the sale includes bonds that allow for the compounding of interest, including, but not limited to, capital appreciation bonds, the agenda item shall identify that bonds that allow for the compounding of interest are proposed and the governing board of the school district or community college district shall be presented with all of the following: -(1) An analysis containing the total overall cost of the bonds that allow for the compounding of interest. -(2) A comparison to the overall cost of current interest bonds. -(3) The reason bonds that allow for the compounding of interest are being recommended. -(4) A copy of the disclosure made by the underwriter in compliance with Rule G-17 adopted by the federal Municipal Securities Rulemaking Board. -(d) After the sale, the governing board of the school district or community college district shall do both of the following: -(1) Present the actual cost information for the sale at its next scheduled public meeting. -(2) Submit an itemized summary of the costs of the bond sale to the California Debt and Investment Advisory Commission. -(e) The governing board of the school district or community college district shall ensure that all necessary information and reports regarding the sale or planned sale of bonds by the school district or community college district it governs are submitted to the California Debt and Investment Advisory Commission in compliance with Section 8855 of the Government Code. -(f) The bonds may be sold at a discount not to exceed 5 percent and at an interest rate not to exceed the maximum rate permitted by law. If the sale is by competitive bid, the governing board of the school district or community college district shall comply with Sections 15147 and 15148. The bonds shall be sold by the governing board of the school district or community college district no later than the date designated by the governing board of the school district or community college district as the final date for the sale of the bonds. -(g) The proceeds of the sale of the bonds, exclusive of any premium received, shall be deposited in the county treasury to the credit of the building fund of the school district, or community college district as designated by the California Community Colleges Budget and Accounting Manual. The proceeds deposited shall be drawn out as other school moneys are drawn out. The bond proceeds withdrawn shall not be applied to any purposes other than those for which the bonds were issued. At no time shall the proceeds be withdrawn by the school district or community college district for investment outside the county treasury. Any premium or accrued interest received from the sale of the bonds shall be deposited in the interest and sinking fund of the school district or community college district. -(h) The governing board of the school district or community college district may cause to be deposited proceeds of sale of any series of the bonds in an amount not exceeding 2 percent of the principal amount of the bonds in a costs of issuance account, which may be created in the county treasury or held by a fiscal agent appointed by the school district or community college district for this purpose, separate from the building fund and the interest and sinking fund of the school district or community college district. The proceeds deposited shall be drawn out on the order of the governing board of the school district or community college district or an officer of the school district or community college district duly authorized by the governing board of the school district or community college district to make the order, only to pay authorized costs of issuance of the bonds. Upon the order of the governing board of the school district or community college district or duly authorized officer of the school district or community college district, the remaining balance shall be transferred to the county treasury to the credit of the building fund of the school district or community college district. The deposit of bond proceeds pursuant to this subdivision shall be a proper charge against the building fund of the school district or community college district. -(i) The governing board of the school district or community college district may cause to be deposited proceeds of sale of any series of the bonds in the interest and sinking fund of the school district or community college district in the amount of the annual reserve permitted by Section 15250 or in any lesser amount, as the governing board of the school district or community college district shall determine from time to time. The deposit of bond proceeds pursuant to this subdivision shall be a proper charge against the building fund of the school district or community college district. -(j) The governing board of the school district or community college district may cause to be deposited proceeds of sale of any series of the bonds in the interest and sinking fund of the school district or community college district in the amount not exceeding the interest scheduled to become due on that series of bonds for a period of two years from the date of issuance of that series of bonds. The deposit of bonds proceeds pursuant to this subdivision shall be a proper charge against the building fund of the school district or community college district.","The California Constitution limits the maximum amount of any ad valorem tax on real property to 1% of the full cash value of the property. The California Constitution states that the 1% limitation for ad valorem taxes does not apply to ad valorem taxes or special assessments to pay the interest and redemption charges on bonded indebtedness incurred by a school district, community college district, or county office of education for the construction, reconstruction, rehabilitation, or replacement of school facilities approved by 55% of the voters if the proposition includes specified accountability requirements. Existing law requires the proceeds of the sale of the bonds, exclusive of any premium received, to be deposited in the county treasury to the credit of the building fund of the school district, or community college district as designated by the California Community Colleges Budget and Accounting Manual. -This bill would prohibit the proceeds from the sale of bonds from being withdrawn by the school district or community college district for investment outside the county treasury.","An act to amend Section 15146 of the Education Code, relating to school bonds." -1193,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 650 of the Business and Professions Code is amended to read: -650. -(a) Except as provided in Chapter 2.3 (commencing with Section 1400) of Division 2 of the Health and Safety Code, the offer, delivery, receipt, or acceptance by any person licensed under this division or the Chiropractic Initiative Act of any rebate, refund, commission, preference, patronage dividend, discount, or other consideration, whether in the form of money or otherwise, as compensation or inducement for referring patients, clients, or customers to any person, irrespective of any membership, proprietary interest, or coownership in or with any person to whom these patients, clients, or customers are referred is unlawful. -(b) The payment or receipt of consideration for services other than the referral of patients which is based on a percentage of gross revenue or similar type of contractual arrangement shall not be unlawful if the consideration is commensurate with the value of the services furnished or with the fair rental value of any premises or equipment leased or provided by the recipient to the payer. -(c) The offer, delivery, receipt, or acceptance of any consideration between a federally qualified health center, as defined in Section 1396d(l)(2)(B) of Title 42 of the United States Code, and any individual or entity providing goods, items, services, donations, loans, or a combination thereof to the health center entity pursuant to a contract, lease, grant, loan, or other agreement, if that agreement contributes to the ability of the health center entity to maintain or increase the availability, or enhance the quality, of services provided to a medically underserved population served by the health center, shall be permitted only to the extent sanctioned or permitted by federal law. -(d) Except as provided in Chapter 2.3 (commencing with Section 1400) of Division 2 of the Health and Safety Code and in Sections 654.1 and 654.2 of this code, it shall not be unlawful for any person licensed under this division to refer a person to any laboratory, pharmacy, clinic (including entities exempt from licensure pursuant to Section 1206 of the Health and Safety Code), or health care facility solely because the licensee has a proprietary interest or coownership in the laboratory, pharmacy, clinic, or health care facility, provided, however, that the licensee’s return on investment for that proprietary interest or coownership shall be based upon the amount of the capital investment or proportional ownership of the licensee which ownership interest is not based on the number or value of any patients referred. Any referral excepted under this section shall be unlawful if the prosecutor proves that there was no valid medical need for the referral. -(e) Except as provided in Chapter 2.3 (commencing with Section 1400) of Division 2 of the Health and Safety Code and in Sections 654.1 and 654.2 of this code, it shall not be unlawful to provide nonmonetary remuneration, in the form of hardware, software, or information technology and training services, as described in subsections (x) and (y) of Section 1001.952 of Title 42 of the Code of Federal Regulations, as amended October 4, 2007, as published in the Federal Register (72 Fed. Reg. 56632 and 56644), and subsequently amended versions. -(f) “Health care facility” means a general acute care hospital, acute psychiatric hospital, skilled nursing facility, intermediate care facility, and any other health facility licensed by the State Department of Public Health under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code. -(g) Notwithstanding the other subdivisions of this section or any other provision of law, the payment or receipt of consideration for advertising, wherein a licensee offers or sells services through a third-party advertiser, shall not constitute a referral of patients when the third-party advertiser does not itself recommend, endorse, or otherwise select a licensee. The fee paid to the third-party advertiser shall be commensurate with the service provided by the third-party advertiser. If the licensee determines, after consultation with the purchaser of the service, that the service provided by the licensee is not appropriate for the purchaser or if the purchaser elects not to receive the service for any reason and requests a refund, the purchaser shall receive a refund of the full purchase price as determined by the terms of the advertising service agreement between the third-party advertiser and the licensee. The licensee shall disclose in the advertisement that a consultation is required and that the purchaser will receive a refund if not eligible to receive the service. This subdivision shall not apply to basic health care services, as defined in subdivision (b) of Section 1345 of the Health and Safety Code, or essential health benefits, as defined in Section 1367.005 of the Health and Safety Code and Section 10112.27 of the Insurance Code. The entity that provides the advertising shall be able to demonstrate that the licensee consented in writing to the requirements of this subdivision. A third-party advertiser shall make available to prospective purchasers advertisements for services of all licensees then advertising through the third-party advertiser in the applicable geographic region. In any advertisement offering a discount price for a service, the licensee shall also disclose the regular, nondiscounted price for that service. -(h) A violation of this section is a public offense and is punishable upon a first conviction by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by a fine not exceeding fifty thousand dollars ($50,000), or by both that imprisonment and fine. A second or subsequent conviction is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by that imprisonment and a fine of fifty thousand dollars ($50,000).","Existing law provides for the licensure and regulation of various healing arts professions and vocations by boards within the Department of Consumer Affairs. Under existing law, it is unlawful for licensed healing arts practitioners, except as specified, to offer, deliver, receive, or accept any rebate, refund, commission, preference, patronage dividend, discount, or other consideration, in the form of money or otherwise, as compensation or inducement for referring patients, clients, or customers to any person. Existing law makes a violation of this provision a public offense punishable upon a first conviction by imprisonment, as specified, or a fine not exceeding $50,000, or by imprisonment and that fine. -This bill would provide that the payment or receipt of consideration for advertising, wherein a licensed healing arts practitioner offers or sells services through a third-party advertiser, does not constitute a referral of patients when the third-party advertiser does not itself recommend, endorse, or otherwise select a licensee. The bill would require that the fee paid to the third-party advertiser be commensurate with the service provided by the third-party advertiser. The bill would require the purchaser of the service to receive a refund of the full purchase price if the licensee determines, after consultation with the purchaser, that the service provided by the licensee is not appropriate for the purchaser, or if the purchaser elects not to receive the service for any reason and requests a refund, as specified. The bill would require that a licensee disclose in the advertisement that a consultation is required and that the purchaser will receive a refund if not eligible to receive the service. The bill would specify that these provisions do not apply to basic health care services or essential health benefits, as defined. The bill would also provide that the entity that provides advertising is required to be able to demonstrate that the licensee consented in writing to these provisions. The bill would require a third-party advertiser to make available to prospective purchasers advertisements for services of all licensees then advertising through the third-party advertiser in the applicable geographic region and to disclose, in any advertisement offering a discount price for a service, the regular, nondiscounted price for that service.","An act to amend Section 650 of the Business and Professions Code, relating to the healing arts." -1194,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1544 is added to the Civil Code, to read: -1544. -(a) A partial or interim payment or reimbursement of any kind made in connection with an environmental disaster by the responsible polluter or any agent or entity related to the responsible polluter to any recipient shall not release the polluter from liability to the recipient for any claim related to the environmental disaster or for any future claim by the recipient against the polluter, or for both current and future claims. Any such partial or interim payment or reimbursement shall not be conditioned upon the recipient’s agreement to release the polluter from liability for any current or future claim. -(b) Notwithstanding subdivision (a), a payment or reimbursement made in connection with an environmental disaster by the responsible polluter or any agent or entity related to the responsible polluter to any recipient may be credited against the liability of the polluter, agent, or entity to the recipient for any current or future claim that is related to the environmental disaster. -(c) A temporary or final settlement of any kind made in connection with an environmental disaster by the responsible polluter or any agent or entity related to the responsible polluter, to any claimant, shall release the responsible polluter, agent, or entity from liability to the claimant only for acts, omissions, or injuries that are believed by the claimant to have occurred prior to the date of the settlement, and shall not release any claim that is unknown to the claimant at the time of the settlement, occurs subsequent to the settlement, or that is unrelated to the environmental disaster. -(d) Any agreement in violation of subdivision (a) or (c) that is entered into on or after February 1, 2017, is void as a matter of law and against public policy. -(e) For purposes of this section, a “partial or interim payment or reimbursement” is a payment of the recipient’s immediate out-of-pocket expenses, including, but not limited to, food, clothing, and shelter. -(f) The provisions of this section shall only apply to an agreement relating to acts, omissions, or injuries in connection with an environmental disaster that occurred at Southern California Gas Company’s Aliso Canyon gas storage facility or contamination surrounding the Exide Technologies facility in the City of Vernon. -(g) This section shall not apply to any action against a public entity as defined in Section 811.2 of the Government Code. -SEC. 2. -Section 340.85 is added to the Code of Civil Procedure, immediately following Section 340.8, to read: -340.85. -(a) Notwithstanding Section 340.8, in any civil action for injury or illness based upon exposure to a hazardous material or toxic substance, the time for commencement of the action shall be no later than either three years from the date of injury, or three years after the plaintiff becomes aware of, or reasonably should have become aware of, (1) an injury, (2) the physical cause of the injury, and (3) sufficient facts to put a reasonable person on inquiry notice that the injury was caused or contributed to by the wrongful act of another, whichever occurs later. -(b) Notwithstanding Section 340.8, in an action for the wrongful death of any plaintiff’s decedent, based upon exposure to a hazardous material or toxic substance, the time for commencement of an action shall be no later than either (1) three years from the date of the death of the plaintiff’s decedent, or (2) three years from the first date on which the plaintiff is aware of, or reasonably should have become aware of, the physical cause of the death and sufficient facts to put a reasonable person on inquiry notice that the death was caused or contributed to by the wrongful act of another, whichever occurs later. -(c) For purposes of this section: -(1) A “civil action for injury or illness based upon exposure to a hazardous material or toxic substance” does not include an action subject to Section 340.2 or 340.5. -(2) Media reports regarding the hazardous material or toxic substance contamination do not, in and of themselves, constitute sufficient facts to put a reasonable person on inquiry notice that the injury or death was caused or contributed to by the wrongful act of another. -(d) The provisions of this section shall only apply to an action relating to exposure to a hazardous material or toxic substance in connection with an environmental disaster that occurred at Southern California Gas Company’s Aliso Canyon gas storage facility or contamination surrounding the Exide Technologies facility in the City of Vernon. -(e) This section shall not apply to any action against a public entity as defined in Section 811.2 of the Government Code. -SEC. 3. -Section 1021.3 is added to the Code of Civil Procedure, to read: -1021.3. -(a) In any action for private nuisance against an environmental polluter defendant arising out of an environmental disaster for which the defendant has been adjudged civilly liable, the court, upon motion, may award reasonable attorneys’ fees to a prevailing plaintiff against the defendant. -(b) The provisions of this section shall only apply to an environmental disaster that occurred at Southern California Gas Company’s Aliso Canyon gas storage facility or contamination surrounding the Exide Technologies facility in the City of Vernon. -(c) This section shall not apply to any action against a public entity as defined in Section 811.2 of the Government Code. -SEC. 4. -The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution to achieve just and efficient results in civil litigation involving the unique circumstances of damages resulting from specific environmental disasters within the state.","(1) Existing law provides that an obligation is extinguished by a release given to the debtor by the creditor, upon a new consideration, or in writing, with or without new consideration. A general release does not extend to claims the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. -Under this bill, a partial or interim payment or reimbursement, made in connection with an environmental disaster by the responsible polluter or any agent or entity related to the responsible polluter to any recipient, would not release the polluter from liability to the recipient for any claim related to the environmental disaster or for any future claim by the recipient against the polluter, or for both current and future claims. The bill would prohibit any such partial or interim payment or reimbursement from being conditioned upon the recipient’s agreement to release the polluter from liability for any current or future claim. The bill would allow such a payment or reimbursement to any recipient to be credited against the liability of the polluter, agent, or entity to the recipient for any current or future claim that is related to the environmental disaster. -Under the bill, a temporary or final settlement of any kind made in connection with an environmental disaster by the responsible polluter or any agent or entity related to the responsible polluter, to any claimant, would release the responsible polluter, agent, or entity from liability to the claimant only for acts, omissions, or injuries that are believed by the claimant to have occurred prior to the date of the settlement, and would not release any claim that is unknown to the claimant at the time of the settlement, occurs subsequent to the settlement, or that is unrelated to the environmental disaster. -The bill would make any agreement in violation of those prohibitions that is entered into on or after February 1, 2017, void as a matter of law and against public policy. -(2) Existing law establishes statutes of limitations for civil actions for injury or illness or wrongful death based upon exposure to a hazardous material or toxic substance other than asbestos, as specified. For injury or illness, the statute of limitations is 2 years from the date of injury, or 2 years after the plaintiff becomes aware of, or reasonably should have become aware of, an injury, the physical cause of the injury, and sufficient facts to put a reasonable person on inquiry notice that the injury was caused or contributed to by the wrongful act of another, whichever occurs later. For wrongful death, the statute of limitations is no later than either 2 years from the date of the death of the plaintiff’s decedent, or 2 years from the first date on which the plaintiff is aware of, or reasonably should have become aware of, the physical cause of the death and sufficient facts to put a reasonable person on inquiry notice that the death was caused or contributed to by the wrongful act of another, whichever occurs later. -This bill would, notwithstanding the above provision, establish a statute of limitations of 3 years for specified civil actions for injury, illness, or wrongful death based upon exposure to a hazardous material or toxic substance other than asbestos. -(3) Under existing law, except as attorneys’ fees are specifically provided for by statute, the measure and mode of compensation of attorneys is left to the agreement of the parties. -This bill would authorize the court, in any action for private nuisance against an environmental polluter defendant arising out of an environmental disaster for which the defendant has been adjudged civilly liable, upon motion, to award reasonable attorneys’ fees to a prevailing plaintiff against the defendant. -(4) This bill would limit the application of its provisions to damages caused by an environmental disaster that occurred at Southern California Gas Company’s Aliso Canyon gas storage facility, as specified, or contamination surrounding the Exide Technologies facility in the City of Vernon. The bill would specify that its provisions do not apply to any action against a public entity, as defined. -This bill would make legislative findings and declarations as to the necessity of a special statute for these regions.","An act to add Section 1544 to the Civil Code, and to add Sections 340.85 and 1021.3 to the Code of Civil Procedure, relating to environmental disaster." -1195,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1635.1 of the Health and Safety Code is amended to read: -1635.1. -(a) Except as provided in subdivision (b), every tissue bank operating in California on or after July 1, 1992, shall have a current and valid tissue bank license issued or renewed by the department pursuant to Section 1639.2 or 1639.3. -(b) This chapter does not apply to any of the following: -(1) The collection, processing, storage, or distribution of human whole blood or its derivatives by blood banks licensed pursuant to Chapter 4 (commencing with Section 1600) or any person exempt from licensure under that chapter. -(2) The collection, processing, storage, or distribution of tissue for autopsy, biopsy, training, education, or for other medical or scientific research or investigation, when transplantation of the tissue is not intended or reasonably foreseeable. -(3) The collection of tissue by an individual physician and surgeon from his or her patient or the implantation of tissue by an individual physician and surgeon into his or her patient. This exemption shall not be interpreted to apply to any processing or storage of the tissue, except for the processing and storage of semen by an individual physician and surgeon when the semen was collected by that physician and surgeon from a semen donor or obtained by that physician and surgeon from a tissue bank licensed under this chapter. -(4) The collection, processing, storage, or distribution of fetal tissue or tissue derived from a human embryo or fetus. -(5) The collection, processing, storage, or distribution by an organ procurement organization (OPO), as defined in Section 486.302 of Title 42 of the Code of Federal Regulations, if the OPO, at the time of collection, processing, storage, and distribution of the tissue, has been designated by the Secretary of Health and Human Services as an OPO and meets the requirements of Sections 486.304 and 486.306 of Title 42 of the Code of Federal Regulations, as applicable. -(6) The storage of prepackaged, freeze-dried bone by a general acute care hospital. -(7) The storage of freeze-dried bone and dermis by any licensed dentist practicing in a lawful practice setting, if the freeze-dried bone and dermis have been obtained from a licensed tissue bank, are stored in strict accordance with a kit’s package insert and any other manufacturer instructions and guidelines, and are used for the express purpose of implantation into a patient. -(8) The storage of a human cell, tissue, or cellular- or tissue-based product (HCT/P), as defined by the federal Food and Drug Administration (FDA), that is either a medical device approved pursuant to Section 510 or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360 et seq.) or that is a biologic product approved under Section 351 of the federal Public Health Service Act (42 U.S.C. Sec. 262) by a licensed physician or podiatrist acting within the scope and authority of his or her license and practicing in a lawful practice setting. The medical device or biologic product must have been obtained from a California-licensed tissue bank, been stored in strict accordance with the device’s or product’s package insert and any other manufacturer instructions, and used solely for the express purpose of direct implantation into or application on the practitioner’s own patient. In order to be eligible for the exemption in this paragraph, the entity or organization where the physician or podiatrist who is eligible for the exemption is practicing shall notify the department, in writing, that the practitioner is licensed and meets the requirements of this paragraph. The notification shall include all of the following: -(A) A list of all practitioners to whom the notice applies. -(B) Acknowledgment that each listed practitioner uses the medical device or biologic product in the scope and authority of his or her license and practice for the purposes of direct patient care as described in this paragraph. -(C) A statement that each listed practitioner agrees to strictly abide by the directions for storage in the device’s or product’s package insert and any other manufacturer instructions and guidelines. -(D) Acknowledgment by each practitioner that the medical device or biologic product shall not be resold or distributed. -(9) The collection, processing, storage, or distribution of any organ, as defined in paragraph (2) of subdivision (c) of Section 1635, within a single general acute care hospital, as defined in subdivision (a) of Section 1250, operating a Medicare-approved transplant program. -(10) The storage of allograft tissue by a person if all of the following apply: -(A) The person, as defined in Section 1635, is a hospital, or an outpatient setting regulated by the Medical Board of California pursuant to Chapter 1.3 (commencing with Section 1248), including an ambulatory surgical center. -(B) The person maintains a log that includes the date on which the allograft tissue was received, the expiration date of the allograft tissue, the date on which each allograft tissue is used for clinical purposes, and the disposition of any allograft tissue samples that remain unused at the time the allograft tissue expires. -(C) The allograft tissue meets all of the following: -(i) The allograft tissue was obtained from a tissue bank licensed by the state. -(ii) Each allograft tissue is individually boxed and labeled with a unique identification number and expiration date so that opening the shipping container will not disturb or otherwise alter any of the allograft tissue that is not being utilized. -(iii) The allograft tissue is intended for the express purpose of implantation into or application on a patient. -(iv) The allograft tissue is not intended for further distribution. -(v) The allograft tissue is registered with the FDA and designated to be maintained at ambient room temperature requiring no refrigeration.","Existing federal law governs the processing, storage, and use of human tissue and human cell, tissue, or cellular- or tissue-based products (HCT/P), as specified, and imposes certain regulatory duties relating to HCT/P upon the federal Food and Drug Administration (FDA). -Existing state law requires the State Department of Public Health to license and regulate tissue banks, which process, store, or distribute human tissue for transplantation into human beings. Existing law generally requires every tissue bank operating in this state to have a current and valid tissue bank license issued or renewed by the department, but exempts certain activities from that requirement, including the storage of HCT/P by a licensed physician or podiatrist, as specified, if the products were obtained from a California-licensed tissue bank, stored in strict accordance with manufacturer instructions, and used solely for the express purpose of direct implantation into or application on the practitioner’s own patient, among other criteria. -This bill would create an additional exemption from the tissue bank licensing requirement for the storage of allograft tissue by a person if that person is a hospital or outpatient setting, the person maintains a log including specified information pertaining to the allograft tissue, and the allograft tissue meets specified requirements, including, among other things, that the allograft tissue was obtained from a California-licensed tissue bank, is individually boxed and labeled with a unique identification number and expiration date, and is intended for the express purpose of implantation into or application on a patient.","An act to amend Section 1635.1 of the Health and Safety Code, relating to tissue banks." -1196,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2281 of the Corporations Code is amended to read: -2281. -As used in this chapter: -(a) “Agent” means a person who was an officer or director of a corporation, as defined in subdivision (e), at the time the fraudulent acts occurred, was named in a final criminal restitution order in connection with the fraudulent acts, and was acting in the person’s capacity as the corporation’s officer or director when committing the fraudulent acts. -(b) “Application” means a request for payment from the fund submitted to the Secretary of State pursuant to this chapter. -(c) “Claimant” means an aggrieved person who resides in the state at the time of the fraud and who submits an application pursuant to this chapter. -(d) “Complaint,” for the purpose of an application based on a criminal restitution order, means the facts of the underlying transaction or transactions upon which the criminal restitution order is based. -(e) “Corporation” means a domestic corporation as defined by Section 162 or 2509 or a foreign corporation that is qualified to transact business in California pursuant to Section 2105. -(f) “Court of competent jurisdiction” means a state or federal court situated in California. -(g) “Final judgment” means a judgment, arbitration award, or criminal restitution order for which appeals have been exhausted or for which the period for appeal has expired, enforcement of which is not barred by the order of any court or by any statutory provision, which has not been nullified or rendered void by any court order or statutory provision, and for which the claimant has not otherwise been fully reimbursed. The following are examples of final judgments: -(1) A civil judgment that has been entered against a corporation for fraud, misrepresentation, or deceit, with the intent to defraud, and includes findings of facts and conclusions of law. -(2) If the matter was submitted to arbitration, a copy of the arbitration decision and any other documentation supporting the arbitration award. An arbitration award against a corporation for conduct constituting fraud, misrepresentation, or deceit, with the intent to defraud, that includes findings of fact and conclusions of law rendered in accordance with the rules established by the American Arbitration Association or another recognized arbitration body, and in accordance with Sections 1280 to 1294.2, inclusive, of the Code of Civil Procedure where applicable, and where the arbitration award has been confirmed and reduced to judgment pursuant to Section 1287.4 of the Code of Civil Procedure. -(3) A criminal restitution order issued by a court of competent jurisdiction against a corporation, or an agent of the corporation, for fraud, misrepresentation, or deceit, with the intent to defraud, pursuant to subdivision (f) of Section 1202.4 of the Penal Code or Section 3663 of Title 18 of the United States Code. An application for payment from the fund that is based on a criminal restitution order shall comply with all of the requirements of this chapter. -(h) “Fund” means the Victims of Corporate Fraud Compensation Fund created by Section 2280. -(i) “Judgment debtor” means a corporation or agent against which a judgment, arbitration award, or criminal restitution order has been entered for conduct constituting intentional fraud. -SEC. 2. -Section 2282 of the Corporations Code is amended to read: -2282. -(a) When an aggrieved person obtains a final judgment in a court of competent jurisdiction against a corporation based upon the corporation’s fraud, misrepresentation, or deceit, made with intent to defraud, or obtains a criminal restitution order against an agent based upon the agent's fraud, misrepresentation, or deceit, made with intent to defraud while acting in the agent’s capacity as the corporation’s officer or director, the aggrieved person may, upon the judgment becoming final and after diligent collection efforts are made, file an application with the Secretary of State for payment from the fund, within the limitations specified in Section 2289, for the amount unpaid on the judgment that represents the awarded actual and direct loss, any awarded compensatory damages, and awarded costs to the claimant in the final judgment, excluding punitive damages. -(b) The application shall be delivered in person or by certified mail to the Secretary of State not later than 18 months after the judgment has become final. -(c) The application shall be made on a form prescribed by the Secretary of State and shall include each of the following: -(1) The name and address of the claimant. -(2) If the claimant is represented by an attorney for the application, the name, business address, and telephone number of the attorney. If the claimant is not represented by an attorney for the application, a telephone number where the claimant can be reached during regular business hours shall be included. -(3) The name and address of the corporation and the agent, if any. -(4) The identification of the final judgment, the amount of the claim that remains unreimbursed from any source, and an explanation of the claim’s computation. -(5) A copy of a final judgment and a copy of the civil complaint and any amendments thereto upon which the judgment finding fraud, misrepresentation, or deceit, made with the intent to defraud, was made shall be deemed to satisfy compliance with the requirements prescribed in this paragraph. The claimant may also provide any additional documentation that he or she believes may help the Secretary of State in evaluating the application, including, but not limited to, evidence submitted to the court in the underlying judgment or a detailed narrative statement of facts in explanation of the allegations of the complaint upon which the underlying judgment is based. -(6) If the final judgment is a criminal restitution order, the claimant shall provide the charging document and the restitution order, and if the defendant is an agent, documentation showing the defendant named in the restitution order is an agent as defined in this chapter. -(7) A description of searches and inquiries conducted by or on behalf of the claimant with respect to the judgment debtor’s assets liable to be sold or applied to satisfaction of the judgment. A court’s determination or finding of the judgment debtor’s insolvency or lack of assets to pay the claimant shall be deemed to satisfy the requirements prescribed in this paragraph. -(8) Each of the following representations by the claimant: -(A) That the claimant is not a spouse, registered domestic partner, or an immediate family member of an employee, officer, director, managing agent, or other principal of the corporation nor a personal representative of the spouse or an immediate family member of an employee, officer, director, managing agent, or other principal of the corporation. -(B) That the claimant has complied with all of the requirements of this section. -(C) That the judgment underlying the claim meets the requirements of subdivisions (a) and (b) of Section 2282, including all of the following: -(i) That the judgment was for fraud, misrepresentation, or deceit by the corporation or the agent of the corporation, with the intent to defraud. -(ii) That the judgment is unpaid in part or in whole. -(iii) That the underlying judgment and debt have not been discharged in bankruptcy, or the underlying judgment is statutorily nondischargeable, or, in the case of a bankruptcy proceeding that is open at or after the time of the filing of the application, that the judgment and debt have been declared to be nondischargeable by the judge or stipulated as nondischargeable by the parties in the proceeding and that the claimant has been granted permission by the bankruptcy court to proceed with collection or otherwise proceed with the claimant’s claims against the judgment debtor or debtors. -(D) That the claimant does not have a pending claim and has not collected on the final judgment from any other restitution fund. If the claimant has a pending claim or has collected from another fund, a description of the nature of the pending claim and the recovery amounts from any restitution fund. -(d) (1) Except as provided in paragraphs (2), (3), and (4) the Secretary of State shall not condition an award of payment from the fund upon a claimant providing any additional information or documents other than those prescribed in subdivision (c). -(2) If the final judgment in favor of the claimant was by default, stipulated, a consent judgment, or pursuant to Section 594 of the Code of Civil Procedure or if the action against the corporation or its agent was defended by a trustee in bankruptcy, the Secretary of State may request additional documents and information from the claimant to determine whether the claim is valid. -(3) If the final judgment does not expressly set forth the amount of damages that were awarded for actual loss and compensatory damages that are payable from the fund pursuant to Section 2289, the Secretary of State may ask the claimant to provide copies of documentation pertaining to the amount of the actual and direct loss and the awarded compensatory damages or both of those findings. For purposes of this section, “sufficient proof of money damages” may include any of the following: copies of bank account statements showing or confirming particular transactions, copies of the front and back of checks made payable to the corporation that have been negotiated, credit card statements showing or confirming particular transactions, or similar documentation demonstrating financial loss directly resulting from the fraudulent acts by the corporation or its agent and the amount of compensatory damages awarded by the court. -(4) If there is no court determination or finding of the insolvency of the judgment debtor or lack of assets to pay the claimant, the Secretary of State may request additional information and documentation from the claimant to determine what assets, if any, are available to satisfy the final judgment. -(e) The Secretary of State shall include with the application form a notice to the claimant of his or her obligation to protect the underlying judgment from discharge in bankruptcy, to be appended to the application. -(f) If a claimant is a spouse, registered domestic partner, or an immediate family member of an employee, officer, director, managing agent, or other principal of the corporation, or is a personal representative of the spouse, registered domestic partner, or an immediate family member of an employee, officer, director, managing agent, or other principal of the corporation, the claimant shall not be precluded for that reason alone from receiving an award where the claimant can otherwise meet the requirements of this section. -SEC. 3. -Section 2282.1 of the Corporations Code is amended to read: -2282.1. -(a) The Secretary of State shall provide notice to the corporation and all agents named in the application that a claimant has submitted an application for payment from the fund and shall also provide within that notice, as prescribed by the Secretary of State, the method to contest the payment from the fund. -(b) The notice to the corporation shall be provided by certified mail addressed to the corporation’s last designated agent for service of process of record with the Secretary of State and notice shall be deemed complete five calendar days after the notice is mailed. -(c) If the corporation or its agent wishes to contest payment of an application by the Secretary of State, the corporation or agent shall mail or deliver a written response addressed to the Secretary of State within 30 calendar days of the notice of the application, and shall mail or deliver a copy of the response to the claimant. The written response of the corporation or agent shall not be directed to issues and facts conclusively established by the underlying judgment. If the corporation fails to mail or deliver a timely response, the corporation shall have waived the corporation’s right to present objections to payment of the application, and shall not thereafter be entitled to notice of any action taken or proposed to be taken by the Secretary of State with respect to the application. -SEC. 4. -Section 2286 of the Corporations Code is amended to read: -2286. -The Secretary of State shall give notice, as prescribed by the Secretary of State, to the corporation and all agents named in the application that the Secretary of State has made a decision to award funds to the claimant and shall provide a copy of the decision to the corporation and all agents named in the application. -SEC. 5. -Section 2288 of the Corporations Code is amended to read: -2288. -(a) Whenever the court proceeds upon a petition under Section 2287, it shall order payment out of the fund only upon a determination that the aggrieved party has a valid cause of action within the purview of Section 2282, and has complied with Section 2287. -(b) (1) The Secretary of State may defend any action on behalf of the fund and shall have recourse to all appropriate means of defense and review, including examination of witnesses and the right to relitigate any issues that are material and relevant in the proceeding against the fund. The claimant’s judgment shall create a rebuttable presumption of the fraud, misrepresentation, or deceit by the corporation, which presumption shall affect the burden of producing evidence. -(2) If the civil judgment, arbitration award, or criminal restitution order in the underlying action on which the final judgment in favor of the petitioner was by default, stipulation, consent, or pursuant to Section 594 of the Code of Civil Procedure, or if the action against the corporation or its agent was defended by a trustee in bankruptcy, the petitioner shall have the burden of proving that the cause of action against the corporation or its agent was for fraud, misrepresentation, or deceit. -(c) If the final judgment is a criminal restitution order against an agent, the petitioner shall have the burden of proving that the defendant named in the criminal restitution order qualifies as an agent as defined in this chapter. An active corporation, that has submitted a response to the application pursuant to Section 2282.2, may be permitted by the court to appear in the action regarding the sole issue of whether the defendant named in the criminal restitution order qualifies as its agent as defined in this chapter. -(d) The Secretary of State may move the court at any time to dismiss the petition when it appears there are no triable issues and the petition is without merit. The motion may be supported by affidavit of any person or persons having knowledge of the facts, and may be made on the basis that the petition, and the judgment referred to therein, does not form the basis for a meritorious recovery claim within the purview of Section 2282; provided, however, the Secretary of State shall give written notice at least 10 calendar days before hearing on the motion to the claimant. -SEC. 6. -Section 2289 of the Corporations Code is amended to read: -2289. -(a) Notwithstanding any other provision of this chapter and regardless of the number of persons aggrieved in an instance of corporate fraud, or misrepresentation or deceit resulting in a judgment meeting the requirements of Section 2282, or the number of judgments against a corporation or its agent, the liability of the fund shall not exceed fifty thousand dollars ($50,000) for any one claimant per single judgment finding fraud, misrepresentation, or deceit, made with the intent to defraud. -(b) When multiple corporations or their agents are involved in the same event or series of events that are the basis of the claimant’s final judgment and the conduct of two or more of the corporations or their agents results in a judgment meeting the requirements of Section 2282, the claimant may seek recovery from the fund based on the judgment against any one of the corporations or their agents, subject to the limitations of subdivision (a). -(c) When multiple claimants are involved in a corporate fraud, or in misrepresentation or deceit by a corporation or its agents, resulting in a judgment meeting the requirements of Section 2282, each claimant may seek recovery from the fund individually, subject to the limitations of subdivision (a). -(d) Claimants who are spouses, registered domestic partners, or persons other than natural persons, that have obtained an eligible final judgment shall be considered one claimant. -SEC. 7. -Section 2290 of the Corporations Code is amended to read: -2290. -If, at any time, the money deposited in the fund is insufficient to satisfy any duly authorized award or offer of settlement, the Secretary of State shall, when sufficient money has been deposited in the fund, satisfy the unpaid awards or offer of settlement, in the order that the awards or offers of settlement were originally filed. -SEC. 8. -Section 2293.1 of the Corporations Code is amended to read: -2293.1. -If the Secretary of State pays from the fund any amount in settlement of a claim or toward satisfaction of a final judgment against a corporation or its agent, the corporation or its agent shall be required to pay to the fund the amount paid plus interest at the prevailing legal rate applicable to a judgment rendered in any court of this state, within 30 calendar days of the date that the Secretary of State provided notice of the payment of the award or compromise. If the corporation or its agent fails to make the required payment to the fund within the required time, the corporation shall be suspended until the payment is made. A discharge in bankruptcy shall not relieve a corporation or its agent from the penalties and disabilities provided in this chapter. -SEC. 9. -Section 2294 of the Corporations Code is amended to read: -2294. -The Secretary of State shall not make any award to a claimant from the fund if the claimant has received payment from any other restitution funds or for the portions of the judgment that the claimant has collected from the corporation or its agent or any other defendant in the underlying judgment. -SEC. 10. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law establishes the Victims of Corporate Fraud Compensation Fund, a continuously appropriated fund, within the State Treasury administered by the Secretary of State, the sole purpose of which is to provide restitution to victims of corporate fraud. Existing law provides that an aggrieved person who obtains a final judgment, as specified, against a corporation based upon the corporation’s fraud, misrepresentation, or deceit, made with intent to defraud, may file an application with the Secretary of State for payment from the fund for the amount unpaid on the judgment that represents the awarded actual and direct loss to the claimant in the final judgment. -This bill would additionally apply those provisions if an aggrieved person obtains a criminal restitution order against an agent, as defined, of a corporation based upon those same circumstances. The bill would also make conforming changes. By allowing for additional payments to be made from the Victims of Corporate Fraud Compensation Fund, this bill would make an appropriation. -Existing law requires the application filed with the Secretary of State to include specified information and documentation, and imposes criminal penalties for the filing of any documents that are false or untrue or contain any willful, material misstatements of fact. -This bill would require, if the final judgment is a criminal restitution order, the claimant to provide the charging document and the restitution order, and if the defendant is an agent, documentation showing the defendant named in the restitution order is an agent as defined in this bill. By expanding the scope of a crime, this bill would impose a state-mandated local program. -Existing law requires, if, at any time, the money deposited in the Victims of Corporate Fraud Compensation Fund is insufficient to satisfy any duly authorized award or offer of settlement, the Secretary of State to, when sufficient money has been deposited in the fund, satisfy the unpaid award or offer of settlement, plus specified accumulated interest. -This bill would eliminate the requirement to pay that specified accumulated interest. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 2281, 2282, 2282.1, 2286, 2288, 2289, 2290, 2293.1, and 2294 of the Corporations Code, relating to fraud, and making an appropriation therefor." -1197,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) That service animals are a special class of animals uniquely deserving of protections and accommodations in law, and are already clearly defined in California law and in federal law. -(b) That so-called “support,” “companion,” or “emotional support” animals are not clearly defined in law, and their appropriate use in the context of rental housing requires clarification. -(c) That it is beneficial to supply additional guidance to both landlords and tenants as to appropriate conditions regarding support animals that may be included within a residential lease. -(d) That this act is intended to supply identifying criteria for support animals and to distinguish them from service animals and from other pets and to ensure that support animals are not barred from a tenancy by a “no pets” policy. -SEC. 2. -Section 1941.7 is added to the Civil Code, to read: -1941.7. -(a) A residential lease may require a tenant who possesses a support animal on the rented premises or associated common areas to be subject to the following conditions: -(1) That the tenant notify, and receive approval from, the landlord prior to bringing the support animal on the rented premises or associated common areas. -(2) That the support animal be housebroken. -(3) That the support animal not disturb the quiet enjoyment of the premises by other tenants or pose a threat to other tenants or their property. -(4) That the presence of the animal not jeopardize the availability or price of insurance. -(b) If a tenant or prospective tenant satisfies the conditions specified in subdivision (a), the tenant or prospective tenant shall not be prohibited from possessing a support animal on the rented premises or associated common areas. -(c) If a residential lease contains the conditions described in subdivision (a), a breach of any one of the conditions constitutes a breach of the lease. -(d) This section shall not affect either of the following: -(1) The amount of, or ability to pursue, a security deposit, including a pet deposit, under any law. -(2) The ability or rights under any law to possess a service animal. -(e) For purposes of this section, all of the following shall apply: -(1) “Prescribed” has the same meaning as the term “prescription” as that term is defined by Section 4040 of the Business and Professions Code. -(2) “Service animal” includes any of the following: -(A) A “guide dog” as defined by clause (i) of subparagraph (C) of paragraph (6) of subdivision (b) of Section 54.1. -(B) A “signal dog” as defined by clause (ii) of subparagraph (C) of paragraph (6) of subdivision (b) of Section 54.1. -(C) A “service dog” as defined by clause (iii) of subparagraph (C) of paragraph (6) of subdivision (b) of Section 54.1. -(D) A “service animal” as defined by Section 113903 of the Health and Safety Code. -(3) “Support animal” means a support dog, companion animal, emotional support animal, or assistive animal that is prescribed by a California licensed physician or licensed mental health professional in order to treat a mental or emotional illness or mental or emotional disability. A support animal does not include a service animal. -SECTION 1. -Section 1941.7 is added to the -Civil Code -, to read: -1941.7. -(a)A tenant may maintain a support animal on the property if both of the following conditions are met: -(1)The tenant has obtained a prescription validating the need for the support animal from a California–licensed mental health care professional that may be verified by the landlord. -(2)The tenant complies with all federal, state, and local requirements, including, but not limited to, local licensing requirements and limitations on the number of animals maintained on the property. -(b)A tenancy may be terminated or a tenant may be denied accommodations on the property for having a support animal if any of the following apply: -(1)The support animal was brought on the property without notice to the landlord. -(2)The support animal is not house broken. -(3)The support animal creates a financial hardship on the real property owner. -(4)The support animal jeopardizes the availability of property insurance. -(5)The support animal poses a threat to other tenants or the property. -(c)The landlord may do both of the following: -(1)Require tenants with support animals to adhere to all standards that are imposed uniformly on all tenants. -(2)Include the payment of an extra charge or security deposit for maintaining a support animal on the property. -(d)A tenant shall not maintain any state or federally protected species, venomous reptiles, amphibians or insects, or any other illegal species as a support animal. -(e)For purposes of this section, both of the following definitions shall apply: -(1)“Prescription” has the same meaning as that term is defined in Section 4040 of Business and Professions Code. -(2)“Support animal” includes a support dog, companion animal, emotional support animal, or assistive animal. A support animal does not include a guide dog, signal dog, or service dog as defined in subparagraph (C) of paragraph (6) of subdivision (b) of Section 54.1. -SEC. 2. -Section 30851 of the -Food and Agricultural Code -is amended to read: -30851. -(a)The owners of assistance dogs and support animals shall comply with all state and local ordinances regarding health and licensure requirements. -(b)For purposes of this section, “support animal” has the same meaning as that term is defined in Section 1941.7 of the Civil Code.","Existing law regulates the relationship between landlord and tenant and the terms and conditions of tenancies. -This bill would authorize a tenant to maintain a support animal, as defined, on the property if specified conditions are met. This bill would authorize a tenancy to be terminated or a tenant to be denied accommodations on the property for having a support animal if specified conditions apply. This bill would authorize the landlord to require tenants with support animals to adhere to all standards that are imposed uniformly on all tenants and to include the payment of an extra charge or security deposit for maintaining a support animal on the property. This bill would prohibit a tenant from maintaining any protected species, venomous reptiles, amphibians or insects, or any other illegal species as a support animal. -Existing law requires the owners of assistance dogs to comply with all state and local ordinances regarding health and licensure requirements. -This bill would expand that requirement by also making it applicable to support animals. -This bill would authorize a residential lease to require a tenant who possesses a support animal, as defined, on the rented premises or associated common areas to be subject to specified conditions, and would require a breach of these conditions, if contained in the lease, to be a breach of the lease. The bill would provide that a tenant or prospective tenant shall not be prohibited from possessing a support animal on the rented premises or associated common areas if the tenant or prospective tenant satisfies specified conditions.","An act to add Section 1941.7 to the Civil -Code, and to amend Section 30851 of the Food and Agricultural -Code, relating to support animals." -1198,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Commute patterns throughout northern California, and in particular through the Altamont Pass corridor, traverse the boundaries of traditional metropolitan planning agencies. The Altamont Pass corridor, located in the center of northern California’s megaregion, is the gateway to the Tri—Valley—a vital node in the bay area’s economic ecosystem and a key bay area transportation route. Strategic and planned interregional mobility is essential to sustained economic vitality. -(b) Connecting the Bay Area Rapid Transit District’s rapid transit system and the Altamont Corridor Express in Livermore, as recommended by the Metropolitan Transportation Commission’s regional rail plan, would increase interregional mobility, providing much-needed highway capacity for expanded goods movement to the bay area’s five seaports. It would also relieve pressure on Interstate 580 and other transportation systems, given the exponential population growth in the central valley. -(c) The Bay Area Rapid Transit District has stated its priority is to operate and maintain its existing core commuter rail system; expansion is not a priority for the Bay Area Rapid Transit District. Recent rail expansions in other parts of the state have been successfully implemented by single purpose agencies such as the Metro Gold Line Foothill Extension Construction Authority and the Santa Clara Valley Transportation Authority. -(d) The Altamont Pass Regional Rail Authority is needed to connect the Bay Area Rapid Transit District’s rapid transit system and the Altamont Corridor Express in Tri-Valley and would be responsive to local needs and issues by including local stakeholders in land use and transit planning decisions. -(e) Consistent with the Bay Area Regional Rail Plan adopted by the Metropolitan Transportation Commission (Resolution 3826), the heavy rail connection between the Bay Area Rapid Transit District’s rapid transit system and the Altamont Corridor Express is a matter of state interest, and all planning, analysis, alternatives, and mitigations for projects undertaken by the Altamont Pass Regional Rail Authority should be consistent with that state interest. -SEC. 2. -It is the intent of the Legislature to establish the Altamont Pass Regional Rail Authority to plan and deliver a cost effective and responsive rail extension that connects the Bay Area Rapid Transit District’s rapid transit system and the Altamont Corridor Express in the Tri-Valley, within the City of Livermore, to address regional economic and transportation challenges. -SEC. 3. -Chapter 8 (commencing with Section 132651) is added to Division 12.7 of the Public Utilities Code, to read: -CHAPTER 8. Altamont Pass Regional Rail Authority -132651. -As used in this chapter, the following terms have the following meanings: -(a) “Authority” means the Altamont Pass Regional Rail Authority created under this chapter. -(b) “Bay Area Rapid Transit” means the Bay Area Rapid Transit District’s rapid transit system. -(c) “Board” means the governing board of the authority. -(d) “Connection” means an interregional rail connection between Bay Area Rapid Transit and the Altamont Corridor Express in the Tri-Valley, within the City of Livermore. -(e) “Phase 1 Project” means the first phase of the connection, which will extend Bay Area Rapid Transit along Interstate 580 to a new station in the vicinity of the Isabel Avenue interchange in the City of Livermore. -132652. -The authority is hereby established for purposes of planning and delivering a cost-effective and responsive connection that meets the goals and objectives of the community. -132653. -By December 1, 2017, the board shall publish a detailed management, finance, and implementation plan relating to the connection. -132655. -The governing board of the authority shall be composed of one representative from each of the following entities to be appointed by the governing board, mayor, or supervisor of each entity: -(a) The Altamont Corridor Express. -(b) The Bay Area Rapid Transit District. -(c) The City of Dublin. -(d) The City of Livermore. -(e) The City of Pleasanton. -(f) The City of Tracy. -(g) The County of Alameda. -(h) The County of San Joaquin. -(i) The East Bay Leadership Council. -(j) Innovation Tri-Valley. -(k) The Livermore Amador Valley Transit Authority. -(l) San Joaquin Partnership. -132660. -(a) The board may appoint an executive director to serve at the pleasure of the board. -(b) The executive director is exempt from all civil service laws and shall be paid a salary established by the board. -(c) The executive director may appoint staff or retain consultants as necessary to carry out the duties of the authority. -(d) All contracts approved and awarded by the executive director shall be awarded in accordance with state and federal laws relating to procurement. Awards shall be based on price or competitive negotiation, or on both of those things. -132665. -The Livermore Amador Valley Transit Authority shall enter into a memorandum of understanding with the San Joaquin Regional Rail Commission to comanage the rail-specific elements necessary to support the authority. For an initial one-year period, the Livermore Amador Valley Transit Authority’s administrative staff shall, if that authority has appointed a member to the board in accordance with Section 132655, provide all necessary administrative support to the board to perform its duties and responsibilities and may perform for the board any and all activities that they are authorized to perform for the Livermore Amador Valley Transit Authority. At the conclusion of the initial period, the board may, through procedures that it determines, select the Livermore Amador Valley Transit Authority, San Joaquin Regional Rail Commission, or another existing public rail transit agency for one three-year term immediately following the initial period, and thereafter for five-year terms, to provide all necessary administrative support staff to the board to perform its duties and responsibilities. -132670. -The Bay Area Rapid Transit District shall identify and expeditiously enter into an agreement with the authority to hold in trust for the authority all real and personal property and any other assets accumulated in the planning, environmental review, design, right-of-way acquisition, permitting, and construction of the connection, including, but not limited to, rights-of-way, documents, interim work products, studies, third-party agreements, contracts, and design documents, as necessary for completion of the connection. -132675. -All unencumbered moneys dedicated for the completion of the Phase 1 Project or the connection shall be transferred to the authority for the completion of the connection. -132680. -The authority shall not be responsible for any core system upgrades that preexist its establishment. This includes both existing core system deficiencies necessary to support planned service frequency upgrades and any core system upgrades needed to support prior system expansions, including, but not limited to, the Silicon Valley rapid transit corridor. -132685. -Upon the completion of the connection or any phase of the connection, the Bay Area Rapid Transit District shall assume ownership of all physical improvements constructed for that phase or the connection, and shall assume operational control, maintenance responsibilities, and related financial obligations of the phase or connection. -132690. -(a) The authority has all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and building the Phase 1 Project and connection, including, but not limited to, all of the following: -(1) Acceptance of grants, fees, allocations, and transfers of moneys from federal, state, and local agencies, including, but not limited to, moneys from local measures, as well as private entities. -(2) Acquiring, through purchase or through eminent domain proceedings, any property necessary for, incidental to, or convenient for, the exercise of the powers of the authority. -(3) Incurring indebtedness, secured by pledges of revenue available for the Phase 1 Project or connection completion. -(4) Contracting with public and private entities for the planning, design, and construction of the connection. These contracts may be assigned separately or may be combined to include any or all tasks necessary for completion of the Phase 1 Project or connection. -(5) Entering into cooperative or joint development agreements with local governments or private entities. These agreements may be entered into for purposes of sharing costs, selling or leasing land, air, or development rights, providing for the transferring of passengers, making pooling arrangements, or for any other purpose that is necessary for, incidental to, or convenient for the full exercise of the powers granted to the authority. For purposes of this paragraph, “joint development” includes, but is not limited to, an agreement with any person, firm, corporation, association, or organization for the operation of facilities or development of projects adjacent to, or physically or functionally related to, the Phase 1 Project or connection. -(6) Relocation of utilities, as necessary for completion of the connection. -(7) Conducting all necessary environmental reviews, including, but not limited to, completing environmental impact reports. -(b) The duties of the authority include, but are not limited to, both of the following: -(1) Conducting the financial studies and the planning and engineering necessary for completion of the Phase 1 Project and connection. Although this duty rests solely on the authority, the authority may exercise any of the powers described in subdivision (a) to fulfill this duty. -(2) Adoption of an administrative code, not later than December 1, 2017, for administration of the authority in accordance with any applicable laws, including, but not limited to, the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), the provisions of this chapter, laws generally applicable to local agency procurement and contracts, laws relating to contracting goals for minority and women business participation, and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). -132694. -The authority shall enter into a memorandum of understanding with the Bay Area Rapid Transit District that shall address the ability of the Bay Area Rapid Transit District to review any significant changes in the scope of the design or construction, or both design and construction, of the Phase 1 Project and connection. -132695. -The Department of Transportation shall expedite reviews and requests related to the Phase 1 Project or connection and shall provide responses within 60 days. -132697. -On or before December 1, 2017, and annually thereafter, the authority shall provide a project update report to the public, to be posted on the authority’s Internet Web site, on the development and implementation of the Phase 1 Project and connection. The report, at a minimum, shall include a project summary, as well as details by phase, with all information necessary to clearly describe the status of the phase, including, but not limited to, all of the following: -(a) A summary describing the overall progress of the phase. -(b) The baseline budget for all phase costs, by segment or contract. -(c) The current and projected budget, by segment or contract, for all phase costs. -(d) Expenditures to date, by segment or contract, for all phase costs. -(e) A summary of milestones achieved during the prior year and milestones expected to be reached in the coming year. -(f) Any issues identified during the prior year and actions taken to address those issues. -(g) A thorough discussion of risks to the project and steps taken to mitigate those risks. -132699. -The authority shall be dissolved upon both the completion of the connection and the assumption by Bay Area Rapid Transit District of operational control of the connection as provided in Section 132685. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SECTION 1. -Section 30814 of the -Streets and Highways Code -is amended to read: -30814. -(a)No toll shall be imposed on the passage of a pedestrian or bicycle over any bridge that is part of the state highway system, on which the travel of pedestrians and bicycles is otherwise authorized, and on which tolls are imposed on the passage of motor vehicles, including any bridge constructed pursuant to a franchise granted under this article. -(b)This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.","Existing law provides for the creation of statewide and local transportation agencies, which may be established as joint powers authorities or established expressly by statute. Existing law establishes the Bay Area Rapid Transit District, which is authorized to acquire, construct, own, operate, control, or use rights-of-way, rail lines, bus lines, stations, platforms, switches, yards, terminals, parking lots, and any and all other facilities necessary or convenient for rapid transit service. -This bill would establish the Altamont Pass Regional Rail Authority for purposes of planning and delivering a cost effective and responsive interregional rail connection between the Bay Area Rapid Transit District’s rapid transit system and the Altamont Corridor Express in the Tri-Valley, within the City of Livermore, that meets the goals and objectives of the community. The bill would require the authority’s governing board to be composed of 12 representatives and would authorize the authority to appoint an executive who may appoint staff or retain consultants. The bill would provide specified authorizations and duties to the authority. -This bill would require all unencumbered moneys dedicated for the completion of the connection to be transferred to the authority. The bill would require the Bay Area Rapid Transit District to assume ownership of all physical improvements, and to assume operational control, maintenance responsibilities, and related financial obligations for the connection, upon its completion. The bill would require the Department of Transportation to expedite reviews and requests related to the connection. The bill would require the authority to provide a project update report to the public, to be posted on the authority’s Internet Web site, on the development and implementation of the connection. -By imposing new duties on local governmental entities, this bill would create a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -Existing law, until January 1, 2021, prohibits a toll from being imposed on the passage of a pedestrian or bicycle over any bridge that is part of the state highway system, as specified. -This bill would extend that prohibition until January 1, 2022.","An act to amend Section 30814 of the Streets and Highways Code, relating to transportation. -An act to add Chapter 8 (commencing with Section 132651) to Division 12.7 of the Public Utilities Code, relating to transportation." -1199,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1170.18 of the Penal Code is amended to read: -1170.18. -(a) A person who, on November 5, 2014, was serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section (“this act”) had this act been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing in accordance with Sections 11350, 11357, or 11377 of the Health and Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those sections have been amended or added by this act. -(b) Upon receiving a petition under subdivision (a), the court shall determine whether the petitioner satisfies the criteria in subdivision (a). If the petitioner satisfies the criteria in subdivision (a), the petitioner’s felony sentence shall be recalled and the petitioner resentenced to a misdemeanor pursuant to Sections 11350, 11357, or 11377 of the Health and Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those sections have been amended or added by this act, unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety. In exercising its discretion, the court may consider all of the following: -(1) The petitioner’s criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes. -(2) The petitioner’s disciplinary record and record of rehabilitation while incarcerated. -(3) Any other evidence the court, within its discretion, determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety. -(c) As used throughout this Code, “unreasonable risk of danger to public safety” means an unreasonable risk that the petitioner will commit a new violent felony within the meaning of clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667. -(d) A person who is resentenced pursuant to subdivision (b) shall be given credit for time served and shall be subject to parole for one year following completion of his or her sentence, unless the court, in its discretion, as part of its resentencing order, releases the person from parole. Such person is subject to Section 3000.08 parole supervision by the Department of Corrections and Rehabilitation and the jurisdiction of the court in the county in which the parolee is released or resides, or in which an alleged violation of supervision has occurred, for the purpose of hearing petitions to revoke parole and impose a term of custody. -(e) Under no circumstances may resentencing under this section result in the imposition of a term longer than the original sentence. -(f) A person who has completed his or her sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under this act had this act been in effect at the time of the offense, may file an application before the trial court that entered the judgment of conviction in his or her case to have the felony conviction or convictions designated as misdemeanors. -(g) If the application satisfies the criteria in subdivision (f ), the court shall designate the felony offense or offenses as a misdemeanor. -(h) Unless requested by the applicant, no hearing is necessary to grant or deny an application filed under subsection (f ). -(i) The provisions of this section shall not apply to persons who have one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. -(j) Any petition or application under this section shall be filed on or before November 4, 2022, or at a later date upon showing of good cause. -(k) Any felony conviction that is recalled and resentenced under subdivision (b) or designated as a misdemeanor under subdivision (g) shall be considered a misdemeanor for all purposes, except that such resentencing shall not permit that person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6. -(l) If the court that originally sentenced the petitioner is not available, the presiding judge shall designate another judge to rule on the petition or application. -(m) Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant. -(n) Nothing in this and related sections is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this act. -(o) A resentencing hearing ordered under this act shall constitute a “post‑conviction release proceeding” under paragraph (7) of subdivision (b) of Section 28 of Article I of the California Constitution (Marsy’s Law).","Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, reduced the penalties for various crimes. Under the provisions of the act, a person currently convicted of a felony or felonies who would have been guilty of a misdemeanor under the act if the act had been in effect at the time of the conviction may petition or apply to have the sentence reduced in accordance with the act. That act requires that this petition or application be filed before November 4, 2017, or at a later date upon a showing of good cause. -Proposition 47 authorizes its provisions to be amended by a statute that is consistent with and furthers its intent and that is passed by a -2/3 -vote of each house of the Legislature and is signed by the Governor. Proposition 47 also provides that the Legislature may, by majority vote, amend, add, or repeal provisions to further reduce the penalties for offenses it addresses. -This bill would instead authorize a person to petition or apply for a reduction of sentence before November 4, 2022, or at a later date upon a showing of good cause. Because the bill would extend the period of time in which a person could file a petition or application without a showing of good cause, the bill would amend the act and would require a -2/3 -vote of the Legislature.","An act to amend Section 1170.18 of the Penal Code, relating to sentencing." -1200,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 69510 of the Education Code is amended to read: -69510. -The Student Aid Commission shall be composed of the following 17 members: -(a) One representative from public, proprietary, or nonprofit postsecondary schools located in California. -(b) One representative from a California independent college or university. -(c) One representative each from the University of California, the California State University, and the California Community Colleges. -(d) (1) Four student members, one from each of the following postsecondary educational institutions: -(A) The University of California. -(B) The California State University. -(C) The California Community Colleges. -(D) A California private postsecondary educational institution. -(2) A student member described in paragraph (1) shall be enrolled in the postsecondary educational institution at the time of appointment, and shall be enrolled in that institution for the duration of the term. A student member who graduates from an institution with no more than six months of his or her term remaining shall be permitted to serve for the remainder of the term. -(e) Three public members. -(f) One representative from a California secondary school. -(g) Two representatives appointed by the Senate Rules Committee. -(h) Two representatives appointed by the Speaker of the Assembly. -SEC. 2. -Section 69511 of the Education Code is amended to read: -69511. -(a) Except as provided in subdivision (b), each member of the commission shall have a four-year term; provided, that members appointed pursuant to subdivision (d) of Section 69510 shall have terms of two academic years. -(b) The term of one member appointed pursuant to subdivision (g) of Section 69510 and the term of one member appointed pursuant to subdivision (h) of Section 69510, effective January 1, 1991, shall be for five years. Each subsequent term for members appointed pursuant to this subdivision shall be for four years. -(c) Appointment to the commission of members appointed pursuant to subdivisions (a) to (f), inclusive, of Section 69510 shall be made by the Governor subject to confirmation by the Senate. -(d) Any vacancy shall be filled by the appointment of a person who will have the same status as the predecessor of the appointee. The appointee shall hold office only for the balance of the unexpired term. -(e) Each member of the commission shall receive a stipend of one hundred dollars ($100) for each day in which he or she attends any meeting of the commission or any meeting of any committee or subcommittee of the commission, of which committee or subcommittee he or she is a member, and which committee or subcommittee meeting is conducted for the purpose of carrying out the powers and duties of the commission. In addition, each member shall receive his or her actual and necessary traveling expenses incurred in the course of his or her duties. -(f) (1) If an act of Congress establishes a program of scholarships or grants for undergraduate students and permits administration of the program within a state by a state agency, the Student Aid Commission, as established by Section 69510, shall administer the act within the state if the Governor and the Student Aid Commission, by a majority vote of its entire membership, determine that the participation by the state in the federal scholarship or grant program under the act would not interfere with or jeopardize the continuation of the scholarship program established under Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3. -(2) The commission shall constitute the state commission on federal scholarships or grants and is hereby empowered to formulate a plan for development and administration of any federal scholarship or grant program within the state. -(3) Subject to the provisions of this chapter, the commission is hereby vested with all necessary power and authority to cooperate with the government of the United States, or any agency or agencies thereof, in the administration of any act of Congress establishing a scholarship or grant program and the rules and regulations adopted thereunder. -(4) Before adopting a state plan, the commission, acting as the state commission on federal scholarships or grants, shall hold public hearings as provided in the California Administrative Procedure Act. -SEC. 2.5. -Section 69511 of the Education Code is amended to read: -69511. -(a) (1) Except as provided in subdivision (b), each member of the commission, other than a student member, shall have a four-year term. -(2) (A) A student member appointed pursuant to subdivision (d) of Section 69510 shall have a term of two academic years. -(B) Upon expiration of the student member’s two-year term, if the Governor has not appointed a successor, the student member may remain in office for one additional year or until the Governor appoints a successor, whichever occurs first. The requirements of subdivision (d) of Section 69510 do not apply to a student in the additional year under this paragraph. -(C) The commission shall notify the appropriate student organization for each segment, as described in Section 69511.5, of a pending student member vacancy no less than three months before the expiration of the term, and of the appropriate student organization’s opportunity to submit a list of nominees pursuant to Section 69511.5. -(b) The term of one member appointed pursuant to subdivision (g) of Section 69510 and the term of one member appointed pursuant to subdivision (h) of Section 69510, effective January 1, 1991, shall be for five years. Each subsequent term for members appointed pursuant to this subdivision shall be for four years. -(c) Appointment to the commission of members appointed pursuant to subdivisions (a) to (f), inclusive, of Section 69510 shall be made by the Governor subject to confirmation by the Senate. -(d) Any vacancy shall be filled by the appointment of a person who will have the same status as the predecessor of the appointee. The appointee shall hold office only for the balance of the unexpired term. -(e) (1) Each member of the commission shall receive a stipend of one hundred dollars ($100) for each day in which he or she attends any meeting of the commission or any meeting of any committee or subcommittee of the commission, of which committee or subcommittee he or she is a member, and which committee or subcommittee meeting is conducted for the purpose of carrying out the powers and duties of the commission. In addition, each member shall receive his or her actual and necessary traveling expenses incurred in the course of his or her duties. -(2) In addition, if a student member who attends a qualifying institution, as defined in Section 69432.7, is not the recipient of a Cal Grant award, the qualifying institution, as a condition of participation in the Cal Grant program, shall waive the student member’s tuition, up to the maximum award amount for that institution, for the duration of the student member’s term of office. -(f) (1) If an act of Congress establishes a program of scholarships or grants for undergraduate students and permits administration of the program within a state by a state agency, the Student Aid Commission, as established by Section 69510, shall administer the act within the state if the Governor and the Student Aid Commission, by a majority vote of its entire membership, determine that the participation by the state in the federal scholarship or grant program under the act would not interfere with or jeopardize the continuation of the scholarship program established under Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3. -(2) The commission shall constitute the state commission on federal scholarships or grants and is hereby empowered to formulate a plan for development and administration of any federal scholarship or grant program within the state. -(3) Subject to the provisions of this chapter, the commission is hereby vested with all necessary power and authority to cooperate with the government of the United States, or any agency or agencies thereof, in the administration of any act of Congress establishing a scholarship or grant program and the rules and regulations adopted thereunder. -(4) Before adopting a state plan, the commission, acting as the state commission on federal scholarships or grants, shall hold public hearings as provided in the California Administrative Procedure Act. -SEC. 3. -Section 69511.5 of the Education Code is amended to read: -69511.5. -(a) Notwithstanding Section 69511, the Governor shall appoint each student member of the Student Aid Commission pursuant to subdivision (d) of Section 69510 from the persons nominated in accordance with the provisions of subdivision (b). -(b) For each student member of the commission, the appropriate student organization may submit a list of nominees. The list shall specify not less than three and not more than five nominees. The appropriate student organization for each segment shall be a composite group of at least five representative student government associations, as determined by the commission. -(c) Participating student organizations designated in subdivision (b) shall inform students within their respective segment of pending student vacancies on the commission. -(d) The person appointed as a student member of the commission pursuant to this section shall be subject to confirmation by the Senate as required in subdivision (c) of Section 69511. -SEC. 4. -Section 2.5 of this bill incorporates amendments to Section 69511 of the Education Code proposed by both this bill and Assembly Bill 2154. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 69511 of the Education Code, and (3) this bill is enacted after Assembly Bill 2154, in which case Section 2 of this bill shall not become operative.","Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending all segments of postsecondary education. Existing law requires the commission to include 2 members, appointed by the Governor, who are students enrolled in a California postsecondary educational institution. -This bill would instead require the commission to include 4 student members, one from each of the following: the University of California, the California State University, the California Community Colleges, and a California private postsecondary educational institution. The bill would make conforming and nonsubstantive changes. -This bill would incorporate additional changes to Section 69511 of the Education Code proposed by AB 2154 that would become operative if this bill and AB 2154 are both enacted and this bill is enacted last.","An act to amend Sections 69510, 69511, and 69511.5 of the Education Code, relating to student financial aid." -1201,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 22972 of the Business and Professions Code is amended to read: -22972. -(a) Commencing June 30, 2004, a retailer shall have in place and maintain a license to engage in the sale of cigarettes or tobacco products. A retailer that owns or controls more than one retail location shall obtain a separate license for each retail location, but may submit a single application for those licenses. -(b) The retailer shall conspicuously display the license at each retail location in a manner visible to the public. -(c) A license is not assignable or transferable. A person who obtains a license as a retailer who ceases to do business as specified in the license, or who never commenced business, or whose license is suspended or revoked, shall immediately surrender the license to the board. -(d) A license shall be valid for a 12-month period, and shall be renewed annually. A retailer that adds an additional retail location shall renew the license for that location based on a 12-month period beginning in the month the retailer obtained its license for its first retail location. -SEC. 2. -Section 22973 of the Business and Professions Code is amended to read: -22973. -(a) An application for a license shall be filed on or before April 15, 2004, on a form prescribed by the board and shall include the following: -(1) The name, address, and telephone number of the applicant. -(2) The business name, address, and telephone number of each retail location. For applicants who control more than one retail location, an address for receipt of correspondence or notices from the board, such as a headquarters or corporate office of the retailer, shall also be included on the application and listed on the license. Citations issued to licensees shall be forwarded to all addressees on the license. -(3) A statement by the applicant affirming that the applicant has not been convicted of a felony and has not violated and will not violate or cause or permit to be violated any of the provisions of this division or any rule of the board applicable to the applicant or pertaining to the manufacture, sale, or distribution of cigarettes or tobacco products. If the applicant is unable to affirm this statement, the application shall contain a statement by the applicant of the nature of any violation or the reasons that will prevent the applicant from complying with the requirements with respect to the statement. -(4) If any other licenses or permits have been issued by the board or the Department of Alcoholic Beverage Control to the applicant, the license or permit number of those licenses or permits then in effect. -(5) A statement by the applicant that the contents of the application are complete, true, and correct. Any person who signs a statement pursuant to this subdivision that asserts the truth of any material matter that he or she knows to be false is guilty of a misdemeanor punishable by imprisonment of up to one year in the county jail, or a fine of not more than one thousand dollars ($1,000), or both the imprisonment and the fine. -(6) The signature of the applicant. -(7) Any other information the board may require. -(b) The board may investigate to determine the truthfulness and completeness of the information provided in the application. The board may issue a license without further investigation to an applicant for a retail location if the applicant holds a valid license from the Department of Alcoholic Beverage Control for that same location. -(c) The board shall provide electronic means for applicants to download and submit applications. -(d) A fee of two hundred sixty-five dollars ($265) shall be submitted with each application. An applicant that owns or controls more than one retail location shall obtain a separate license for each retail location, but may submit a single application for those licenses with an application license fee of two hundred sixty-five dollars ($265) per location. The fee shall be for the period provided in subdivision (d) of Section 22972 and shall not be prorated. -(e) Beginning on and after January 1, 2017, every retailer shall file an application for renewal of the license prescribed in Section 22972, accompanied with a fee of two hundred sixty-five dollars ($265) per retail location, in the form and manner prescribed by the board. -SEC. 3. -Section 22973.3 of the Business and Professions Code is amended to read: -22973.3. -(a) Notwithstanding any other law, an application for a license for the sale of a tobacco product, as defined in subdivision (d) of Section 22950.5, that is not subject to a tax imposed by the Cigarette and Tobacco Products Tax Law pursuant to Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code shall be filed on a form prescribed by the board and shall include the following: -(1) The name, address, and telephone number of the applicant. -(2) The business name, address, and telephone number of each retail location. For applicants who control more than one retail location, an address for receipt of correspondence or notices from the board, such as a headquarters or corporate office of the retailer, shall also be included on the application and listed on the license. Citations issued to licensees shall be forwarded to all addressees on the license. -(3) A statement by the applicant affirming that the applicant has not been convicted of a felony and has not violated and will not violate or cause or permit to be violated any of the provisions of this division or any rule of the board applicable to the applicant or pertaining to the manufacture, sale, or distribution of cigarettes or tobacco products. If the applicant is unable to affirm this statement, the application shall contain a statement by the applicant of the nature of any violation or the reasons that will prevent the applicant from complying with the requirements with respect to the statement. -(4) If any other licenses or permits have been issued by the board or the Department of Alcoholic Beverage Control to the applicant, the license or permit number of those licenses or permits then in effect. -(5) A statement by the applicant that the contents of the application are complete, true, and correct. Any person who signs a statement pursuant to this subdivision that asserts the truth of any material matter that he or she knows to be false is guilty of a misdemeanor punishable by imprisonment of up to one year in the county jail, or a fine of not more than one thousand dollars ($1,000), or both the imprisonment and the fine. -(6) The signature of the applicant. -(7) Any other information the board may require. -(b) The board may investigate to determine the truthfulness and completeness of the information provided in the application. The board may issue a license without further investigation to an applicant for a retail location if the applicant holds a valid license from the Department of Alcoholic Beverage Control for that same location. -(c) The board shall provide electronic means for applicants to download and submit applications. -(d) A fee of two hundred sixty-five dollars ($265) shall be submitted with each application. An applicant that owns or controls more than one retail location shall obtain a separate license for each retail location, but may submit a single application for those licenses with an application license fee of two hundred sixty-five dollars ($265) per location. The fee shall be for the period provided in subdivision (d) of Section 22972 and shall not be prorated. -(e) Every retailer shall file an application for renewal of its license, accompanied with a fee of two hundred sixty-five dollars ($265) per retail location in the form and manner prescribed by the board. -(f) (1) The board shall report back to the Legislature no later than January 1, 2019, regarding the adequacy of funding for the Cigarette and Tobacco Products Licensing Act of 2003 with regard to tobacco products for which a license is required by this section. The report shall include data and recommendations about whether the annual licensing fee funding levels are set at an appropriate level to maintain an effective enforcement program. -(2) The report required by paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. -(g) (1) This section shall apply to a retailer who sells a tobacco product, as defined in subdivision (d) of Section 22950.5, that is not subject to a tax imposed by the Cigarette and Tobacco Products Tax Law pursuant to Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, and who does not already possess a valid license to sell cigarettes or tobacco products issued pursuant to Section 22972. -(2) A retailer that possesses a valid license to sell cigarettes and tobacco products issued pursuant to Section 22972 may also sell under that license a tobacco product, as defined in subdivision (d) of Section 22950.5, that is not subject to a tax imposed by the Cigarette and Tobacco Products Tax Law pursuant to Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code. -(h) This section shall become operative January 1, 2017. -SEC. 4. -Section 22977.1 of the Business and Professions Code is amended to read: -22977.1. -(a) Every distributor and every wholesaler shall file an application, as prescribed in Section 22977, on or before April 15, 2004. Each application shall be accompanied by a fee of one thousand dollars ($1,000) for each location. The fee shall be for a calendar year and may not be prorated. Subject to meeting the requirements of this section and Section 22977.2, the board shall issue a license. -(b) Every distributor and every wholesaler who commences business after the last day of May 2004, or who commences selling or distributing cigarettes or tobacco products at a new or different place of business in this state after the last day of May 2004, shall file with the board an application as prescribed in Section 22977 at least 30 days prior to commencing such business or commencing such sales or distributions; and all distributors and all wholesalers that fail to timely file an application for a license under subdivision (a) shall file with the board an application as prescribed in Section 22977. Each application shall be accompanied by a fee of one thousand two hundred dollars ($1,200) for each location. The fee shall be for a calendar year and may not be prorated. Subject to Section 22977.2, the board, within 30 days after receipt of an application and payment of the proper fee shall issue a license. -(c) For calendar years beginning on and after January 1, 2005, and before January 1, 2017, every distributor and every wholesaler shall file an application for renewal of the license prescribed in Section 22977, accompanied with a fee of one thousand dollars ($1,000) for each location where cigarettes and tobacco products are sold, in the form and manner as prescribed by the board. For calendar years beginning on and after January 1, 2017, the fee accompanying an application for renewal of the license prescribed in Section 22977 shall be one thousand two hundred dollars ($1,200) for each location where cigarettes and tobacco products are sold. -SEC. 5. -Section 22990.5 is added to the Business and Professions Code, to read: -22990.5. -Notwithstanding Sections 30124 and 30131.3 of the Revenue and Taxation Code or any other law, on or after July 1, 2019, no revenues derived from the taxes imposed upon the distribution of cigarettes and tobacco products by Article 1 (commencing with Section 30101), Article 2 (commencing with Sections 30121), and Article 3 (commencing with Section 30131) of Chapter 2 of Part 13 of Division 2 of the Revenue and Taxation Code shall be appropriated to the board for the purpose of implementing, enforcing, or administering the California Cigarette and Tobacco Products Licensing Act of 2003. -SEC. 6. -Section 22990.7 is added to the Business and Professions Code, to read: -22990.7. -(a) The board shall report to the Legislature, Governor, and Department of Finance on or before January 1, 2019, and on and before January 1 annually thereafter, regarding the adequacy of funding for the Cigarette and Tobacco Products Licensing Act of 2003. The report shall include data and recommendations about whether the annual licensing fee funding levels are set at an appropriate level to maintain an effective enforcement program. -(b) The report to the Legislature required by subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.","The Cigarette and Tobacco Products Licensing Act of 2003 requires the State Board of Equalization to administer a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products, and imposes various licensing fees. That act requires a retailer to have a license to engage in the sale of cigarette and tobacco products, and requires a separate license for each retail location. Existing law imposes a fee for each license and provides that the license is valid for a 12-month period. On and after January 1, 2017, existing law requires a license to be renewed annually and imposes a renewal fee. -This bill would require a retailer that adds an additional retail location to renew the license for that location based on a 12-month period beginning in the month the retailer obtained its license for its first retail location. This bill would prohibit any license fee or renewal fee from being prorated. -The Cigarette and Tobacco Products Licensing Act of 2003 requires the moneys collected pursuant to the act to be deposited in the Cigarette and Tobacco Products Compliance Fund, which are available for expenditure, upon appropriation by the Legislature, solely for the purpose of implementing, enforcing, and administering the licensing program under the act. The act requires the board to report to the Legislature no later than January 1, 2019, regarding the adequacy of funding for the licensing program . -This bill would instead require the board to report to the Legislature, Governor, and Department of Finance on or before January 1, 2019, and on and before January 1 annually thereafter. -The Cigarette and Tobacco Products Tax Law imposes a tax on distributors of cigarettes and tobacco products, and authorizes the reimbursement of the State Board of Equalization for expenses incurred in the administration and collection of the tax. -This bill would prohibit, on or after July 1, 2019, the appropriation of revenues derived from the taxes imposed upon the distribution of cigarettes and tobacco products to the board for the purpose of implementing, enforcing, or administering the California Cigarette and Tobacco Products Licensing Act of 2003.","An act to amend Sections 22972, 22973, 22973.3, and 22977.1 of, and to add Sections 22990.5 and 22990.7 to, the Business and Professions Code, relating to cigarette and tobacco product licensing." -1202,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 896 of the Civil Code is amended to read: -896. -In -any -an -action seeking recovery of damages arising out of, or related to deficiencies in, the residential construction, design, specifications, surveying, planning, supervision, testing, or observation of construction, a builder, and to the extent set forth in Chapter 4 (commencing with Section 910), a general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, shall, except as specifically set forth in this title, be liable for, and the claimant’s claims or causes of action shall be limited to violation of, the following standards, except as specifically set forth in this title. This title applies to original construction intended to be sold as an individual dwelling unit. As to condominium conversions, this title does not apply to or does not supersede any other statutory or common law. -(a) With respect to water issues: -(1) A door shall not allow unintended water to pass beyond, around, or through the door or its designed or actual moisture barriers, if any. -(2) Windows, patio doors, deck doors, and their systems shall not allow water to pass beyond, around, or through the window, patio door, or deck door or its designed or actual moisture barriers, including, without limitation, internal barriers within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any. -(3) Windows, patio doors, deck doors, and their systems shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any. -(4) Roofs, roofing systems, chimney caps, and ventilation components shall not allow water to enter the structure or to pass beyond, around, or through the designed or actual moisture barriers, including, without limitation, internal barriers located within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, and sheathing, if any. -(5) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow water to pass into the adjacent structure. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any. -(6) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow unintended water to pass within the systems themselves and cause damage to the systems. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any. -(7) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to cause damage to another building component. -(8) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to limit the installation of the type of flooring materials typically used for the particular application. -(9) Hardscape, including paths and patios, irrigation systems, landscaping systems, and drainage systems, that are installed as part of the original construction, shall not be installed in such a way as to cause water or soil erosion to enter into or come in contact with the structure so as to cause damage to another building component. -(10) Stucco, exterior siding, exterior walls, including, without limitation, exterior framing, and other exterior wall finishes and fixtures and the systems of those components and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall be installed in such a way so as not to allow unintended water to pass into the structure or to pass beyond, around, or through the designed or actual moisture barriers of the system, including any internal barriers located within the system itself. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any. -(11) Stucco, exterior siding, and exterior walls shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any. -(12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through its designed or actual moisture barriers including, without limitation, any internal barriers, so as to cause damage. This standard does not apply to those portions of any wall or drainage system that are designed to have water flow beyond, around, or through them. -(13) Retaining walls and site walls, and their associated drainage systems, shall only allow water to flow beyond, around, or through the areas designated by design. -(14) The lines and components of the plumbing system, sewer system, and utility systems shall not leak. -(15) Plumbing lines, sewer lines, and utility lines shall not corrode so as to impede the useful life of the systems. -(16) Sewer systems shall be installed in such a way as to allow the designated amount of sewage to flow through the system. -(17) Showers, baths, and related waterproofing systems shall not leak water into the interior of walls, flooring systems, or the interior of other components. -(18) The waterproofing system behind or under ceramic tile and tile countertops shall not allow water into the interior of walls, flooring systems, or other components so as to cause damage. Ceramic tile systems shall be designed and installed so as to deflect intended water to the waterproofing system. -(b) With respect to structural issues: -(1) Foundations, load bearing components, and slabs, shall not contain significant cracks or significant vertical displacement. -(2) Foundations, load bearing components, and slabs shall not cause the structure, in whole or in part, to be structurally unsafe. -(3) Foundations, load bearing components, and slabs, and underlying soils shall be constructed so as to materially comply with the design criteria set by applicable government building codes, regulations, and ordinances for chemical deterioration or corrosion resistance in effect at the time of original construction. -(4) A structure shall be constructed so as to materially comply with the design criteria for earthquake and wind load resistance, as set forth in the applicable government building codes, regulations, and ordinances in effect at the time of original construction. -(c) With respect to soil issues: -(1) Soils and engineered retaining walls shall not cause, in whole or in part, damage to the structure built upon the soil or engineered retaining wall. -(2) Soils and engineered retaining walls shall not cause, in whole or in part, the structure to be structurally unsafe. -(3) Soils shall not cause, in whole or in part, the land upon which no structure is built to become unusable for the purpose represented at the time of original sale by the builder or for the purpose for which that land is commonly used. -(d) With respect to fire protection issues: -(1) A structure shall be constructed so as to materially comply with the design criteria of the applicable government building codes, regulations, and ordinances for fire protection of the occupants in effect at the time of the original construction. -(2) Fireplaces, chimneys, chimney structures, and chimney termination caps shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire outside the fireplace enclosure or chimney. -(3) Electrical and mechanical systems shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire. -(e) With respect to plumbing and sewer issues: -Plumbing and sewer systems shall be installed to operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action may be brought for a violation of this subdivision more than four years after close of escrow. -(f) With respect to electrical system issues: -Electrical systems shall operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action shall be brought pursuant to this subdivision more than four years from close of escrow. -(g) With respect to issues regarding other areas of construction: -(1) Exterior pathways, driveways, hardscape, sidewalls, sidewalks, and patios installed by the original builder shall not contain cracks that display significant vertical displacement or that are excessive. However, no action shall be brought upon a violation of this paragraph more than four years from close of escrow. -(2) Stucco, exterior siding, and other exterior wall finishes and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall not contain significant cracks or separations. -(3) (A) To the extent not otherwise covered by these standards, manufactured products, including, but not limited to, windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, HVAC units, countertops, cabinets, paint, and appliances shall be installed so as not to interfere with the products’ useful life, if any. -(B) For purposes of this paragraph, “useful life” means a representation of how long a product is warranted or represented, through its limited warranty or any written representations, to last by its manufacturer, including recommended or required maintenance. If there is no representation by a manufacturer, a builder shall install manufactured products so as not to interfere with the product’s utility. -(C) For purposes of this paragraph, “manufactured product” means a product that is completely manufactured offsite. -(D) If no useful life representation is made, or if the representation is less than one year, the period shall be no less than one year. If a manufactured product is damaged as a result of a violation of these standards, damage to the product is a recoverable element of damages. This subparagraph does not limit recovery if there has been damage to another building component caused by a manufactured product during the manufactured product’s useful life. -(E) This title does not apply in any action seeking recovery solely for a defect in a manufactured product located within or adjacent to a structure. -(4) Heating shall be installed so as to be capable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet above the floor in any living space if the heating was installed pursuant to a building permit application submitted prior to January 1, 2008, or capable of maintaining a room temperature of 68 degrees Fahrenheit at a point three feet above the floor and two feet from exterior walls in all habitable rooms at the design temperature if the heating was installed pursuant to a building permit application submitted on or before January 1, 2008. -(5) Living space air-conditioning, if any, shall be provided in a manner consistent with the size and efficiency design criteria specified in Title 24 of the California Code of Regulations or its successor. -(6) Attached structures shall be constructed to comply with interunit noise transmission standards set by the applicable government building codes, ordinances, or regulations in effect at the time of the original construction. If there is no applicable code, ordinance, or regulation, this paragraph does not apply. However, no action shall be brought pursuant to this paragraph more than one year from the original occupancy of the adjacent unit. -(7) Irrigation systems and drainage shall operate properly so as not to damage landscaping or other external improvements. However, no action shall be brought pursuant to this paragraph more than one year from close of escrow. -(8) Untreated wood posts shall not be installed in contact with soil so as to cause unreasonable decay to the wood based upon the finish grade at the time of original construction. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. -(9) Untreated steel fences and adjacent components shall be installed so as to prevent unreasonable corrosion. However, no action shall be brought pursuant to this paragraph more than four years from close of escrow. -(10) Paint and stains shall be applied in such a manner so as not to cause deterioration of the building surfaces for the length of time specified by the paint or stain manufacturers’ representations, if any. However, no action shall be brought pursuant to this paragraph more than five years from close of escrow. -(11) Roofing materials shall be installed so as to avoid materials falling from the roof. -(12) The landscaping systems shall be installed in such a manner so as to survive for not less than one year. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. -(13) Ceramic tile and tile backing shall be installed in such a manner that the tile does not detach. -(14) Dryer ducts shall be installed and terminated pursuant to manufacturer installation requirements. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. -(15) Structures shall be constructed in such a manner so as not to impair the occupants’ safety because they contain public health hazards as determined by a duly authorized public health official, health agency, or governmental entity having jurisdiction. This paragraph does not limit recovery for any damages caused by a violation of any other paragraph of this section on the grounds that the damages do not constitute a health hazard.","Existing law prescribes definitions and requirements for certain civil actions relating to construction defect litigation and limits claims to violations of specified standards. -This bill would make a nonsubstantive change to these provisions.","An act to amend Section 896 of the Civil Code, relating to construction defect litigation." -1203,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) There are approximately 1.4 million English learners in California public schools, representing 22 percent of the state’s enrollment. Some of these English learners are also pupils who qualify for special education services. -(b) There are approximately 734,000 pupils with disabilities in California public schools, representing 12 percent of the state’s enrollment. Some of these pupils with disabilities are also English learners. -(c) The accurate identification of English learners who qualify for special education services, the classification of pupils with disabilities as English learners, and the determination of appropriate services for these pupils is in the interest of pupils, families, educators, local educational agencies, and the state. -(d) The identification, assessment, support, reclassification, and special education exit of these pupils involve complex and interrelated processes, and educators would benefit from state guidance on how best to identify these pupils. -(e) Educators would also benefit from state guidance about how to support the learning needs of these pupils. -(f) Other states have provided their educators with such guidance through manuals on the topic of English learners and special education. The federal government recommends that states develop guidance for educators on this topic. -(g) California, which enrolls one in every three English learners in the country, and 35 percent of all English learners who receive special education services in the United States, should provide such guidance for its educators in the form of a manual and professional development on identifying, assessing, supporting, and reclassifying these pupils. -SEC. 2. -Section 56305 is added to the Education Code, to read: -56305. -(a) On or before July 1, 2018, the department shall develop a manual providing guidance to local educational agencies on identifying, assessing, supporting, and reclassifying English learners who may qualify for special education services and pupils with disabilities who may be classified as English learners. -(b) The goal of the manual shall be to provide guidance, for voluntary use by local educational agencies, charter schools, and the state special schools, on evidence-based and promising practices for the identification, assessment, support, and reclassification of these pupils and to promote a collaborative approach among general education teachers, special education teachers, school administrators, paraprofessionals, other involved personnel, and parents in determining the most appropriate academic placements and services for these pupils. -(c) In developing the manual, the department shall do both of the following: -(1) Review manuals and other resources produced on this topic by local educational agencies, special education administrators, other organizations, other states, and the federal government. -(2) Establish and consult with a stakeholder group comprised of experts and practitioners. These individuals shall have expertise or experience in either special education, English learner education, or in both. -(d) The manual shall include all of the following topics: -(1) Guidance for accurately identifying English learners who may have disabilities and accurately classifying pupils with disabilities as English learners, including guidance on avoiding overidentification and underidentification of these pupils for special education services and in different disability categories and in different grade spans. -(2) Information on second language acquisition and progress, including guidance on distinguishing between language acquisition and disabilities. -(3) Examples of prereferral strategies, early interventions, and early intervening strategies specifically addressing the needs of English learners, including examples of early interventions for pupils in preschool and the primary grades who are acquiring foundational language and literacy skills. -(4) Guidance on referral processes. -(5) Guidance on the use of assessments, including the use of multiple measures as well as assessment accommodations for both language and disability, including assessment accommodations in primary languages. -(6) Guidance on the consideration of extrinsic factors, such as vision, hearing, and health, in the identification of pupils. -(7) Guidance on the development of individualized education programs for English learners, including the composition of individualized education program teams. -(8) Guidance on how to support the language and content learning needs of English learners who may have disabilities, including how to do so in the least restrictive environment, as described in Section 56040.1, and in a manner that enables access to the core curriculum. -(9) Guidance regarding placement or continued placement in bilingual programs and on providing services and instruction in primary languages. -(10) Guidance on special education exit and English learner reclassification processes for English learners with disabilities. -(11) Information on the role of culture and acculturation, to the extent it is related to the process of identifying English learners for special education services. -(12) Guidance for working with families, including guidance on meeting the needs of nonnative English speaking parents, guardians, and educational rights holders in special education proceedings. -(13) Examples of any plans or processes used by local educational agencies for continuous evaluation and systemic review and guidance on sharing information between special education and English learner programs within local educational agencies for the purpose of tracking effectiveness, to the extent permitted under state and federal law regarding the privacy of pupil information. -(14) State and federal law, regulations, and guidance related to the rights of English learners and pupils with disabilities. -(e) All guidance in the manual shall be consistent with state and federal law, regulations, and guidance regarding English learners and special education. -(f) The manual shall be written for ease of use by educators. The department is encouraged to incorporate features such as flowcharts, checklists, sample forms, and case examples. -(g) The department shall post the manual on its Internet Web site and on its professional development Internet Web site. -(h) For purposes of this section, the following terms have the following meanings: -(1) “English learners” includes pupils who have been classified as English learners and those who may later be classified as English learners. -(2) “Pupils with disabilities” includes pupils who have been or may later be identified as individuals with exceptional needs, as defined in Section 56026, including pupils who have been or may later be identified as having a low incidence disability, as defined in Section 56026.5, or a severe disability, as defined in Section 56030.5, and also includes pupils with disabilities who may be later classified as English learners. -(i) (1) (A) In implementing this section, the department, with input from the stakeholder group, shall develop a plan for the dissemination of the manual and the means of providing professional development on the content of the manual. The plan shall address how the state and local educational agencies can collaborate in meeting both of these objectives in a cost-effective manner. -(B) Implementation of the plan developed pursuant to subparagraph (A) shall be contingent upon an appropriation for that purpose in the annual Budget Act or another enacted statute. -(2) The plan shall be submitted to the state board, the Department of Finance, the Legislative Analyst’s Office, the California Collaborative for Educational Excellence, the Advisory Commission on Special Education, and the appropriate policy and fiscal committees of the Legislature on or before July 1, 2018. -(j) It is the intent of the Legislature that this section be funded with federal funds, to the extent permissible.","Existing law requires local educational agencies to actively and systematically seek out all individuals with exceptional needs, from birth to 21 years of age, inclusive, including children not enrolled in public school programs, who reside in a school district or are under the jurisdiction of a special education local plan area or a county office of education. -This bill would require the State Department of Education, on or before July 1, 2018, to develop a manual providing guidance to local educational agencies on identifying, assessing, supporting, and reclassifying English learners who may qualify for special education services and pupils with disabilities who may be classified as English learners, as specified, with the goal of providing guidance, for voluntary use by local educational agencies, charter schools, and the state special schools on evidence-based and promising practices for the identification, assessment, support, and reclassification of those pupils and to promote a collaborative approach among general education teachers, special education teachers, school administrators, paraprofessionals, other involved personnel, and parents in determining the most appropriate academic placements and services for these pupils. The bill would require the department to post the manual on its Internet Web site and on its professional development Internet Web site. In developing the manual, the bill would require the department to review manuals and other resources produced on this topic by local educational agencies, special education administrators, other organizations, other states, and the federal government, and to establish and consult with a stakeholder group comprised of specified experts and practitioners. As part of implementing these provisions, the bill would require the department, with input from the stakeholder group, to develop a plan for the dissemination of the manual and the means of providing professional development on the content of the manual, as specified, but would condition the actual implementation of the plan on an appropriation for that purpose in the annual Budget Act or another enacted statute. The bill would require the department to submit the plan to the State Board of Education, the Department of Finance, the Legislative Analyst’s Office, the California Collaborative for Educational Excellence, the Advisory Commission on Special Education, and the appropriate policy and fiscal committees of the Legislature on or before July 1, 2018. The bill would state the intent of the Legislature that its provisions be funded with federal funds, to the extent permissible.","An act to add Section 56305 to the Education Code, relating to special education." -1204,"The people of the State of California do enact as follows: - - -SECTION 1. -This act shall be known, and may be cited, as the Transparent Review of Unjust Transfers and Holds (TRUTH) Act. -SEC. 2. -(a) Transparency and accountability are essential minimum requirements for any collaboration between state and federal agencies. -(b) Recent immigration enforcement programs sponsored by the United States Immigration and Customs Enforcement (ICE) agency have suffered from a lack of transparency and accountability. -(c) For example, a federal judge found that ICE “went out of [its] way to mislead the public about Secure Communities,” a deportation program in which ICE collaborated with local law enforcement agencies to identify people for deportation. -(d) The Legislature further found that Secure Communities harmed community policing and shifted the burden of federal immigration enforcement onto local law enforcement agencies. -(e) Although ICE has terminated the Secure Communities program, it continues to promote a number of similar programs, including the Priority Enforcement Program, the 287(g) Program, and the Criminal Alien Program. -(f) The Priority Enforcement Program has many similarities to Secure Communities, including the checking of fingerprints for immigration purposes at the point of arrest; the continued use of immigration detainers, which have been found by the courts to pose constitutional concerns; and the reliance on local law enforcement to assist in immigration enforcement. -(g) Just as with Secure Communities, numerous questions have been raised about whether ICE has been transparent and accountable with respect to its current deportation programs. -(h) This bill seeks to address the lack of transparency and accountability by ensuring that all ICE deportation programs that depend on entanglement with local law enforcement agencies in California are subject to meaningful public oversight. -(i) This bill also seeks to promote public safety and preserve limited local resources because entanglement between local law enforcement and ICE undermines community policing strategies and drains local resources. -SEC. 3. -Chapter 17.2 (commencing with Section 7283) is added to Division 7 of Title 1 of the Government Code, to read: -CHAPTER 17.2. Standards for Participation in United States Immigration and Customs Enforcement Programs -7283. -For purposes of this chapter, the following terms have the following meanings: -(a) “Community forum” includes, but is not limited to, any regular meeting of the local governing body that is open to the public, where the public may provide comment, is in an accessible location, and is noticed at least 30 days in advance. -(b) “Hold request” means a federal Immigration and Customs Enforcement (ICE) request that a local law enforcement agency maintain custody of an individual currently in its custody beyond the time he or she would otherwise be eligible for release in order to facilitate transfer to ICE and includes, but is not limited to, Department of Homeland Security (DHS) Form I-247D. -(c) “Governing body” with respect to a county, means the county board of supervisors. -(d) “ICE access” means, for the purposes of civil immigration enforcement, including when an individual is stopped with or without their consent, arrested, detained, or otherwise under the control of the local law enforcement agency, all of the following: -(1) Responding to an ICE hold, notification, or transfer request. -(2) Providing notification to ICE in advance of the public that an individual is being or will be released at a certain date and time through data sharing or otherwise. -(3) Providing ICE non-publicly available information regarding release dates, home addresses, or work addresses, whether through computer databases, jail logs, or otherwise. -(4) Allowing ICE to interview an individual. -(5) Providing ICE information regarding dates and times of probation or parole check-ins. -(e) “Local law enforcement agency” means any agency of a city, county, city and county, special district, or other political subdivision of the state that is authorized to enforce criminal statutes, regulations, or local ordinances; or to operate jails or to maintain custody of individuals in jails; or to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities; or to monitor compliance with probation or parole conditions. -(f) “Notification request” means an Immigration and Customs Enforcement request that a local law enforcement agency inform ICE of the release date and time in advance of the public of an individual in its custody and includes, but is not limited to, DHS Form I-247N. -(g) “Transfer request” means an Immigration and Customs Enforcement request that a local law enforcement agency facilitate the transfer of an individual in its custody to ICE, and includes, but is not limited to, DHS Form I-247X. -7283.1. -(a) In advance of any interview between ICE and an individual in local law enforcement custody regarding civil immigration violations, the local law enforcement entity shall provide the individual with a written consent form that explains the purpose of the interview, that the interview is voluntary, and that he or she may decline to be interviewed or may choose to be interviewed only with his or her attorney present. The written consent form shall be available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. The written consent form shall also be available in any additional languages that meet the county threshold as defined in subdivision (d) of Section 128552 of the Health and Safety Code if certified translations in those languages are made available to the local law enforcement agency at no cost. -(b) Upon receiving any ICE hold, notification, or transfer request, the local law enforcement agency shall provide a copy of the request to the individual and inform him or her whether the law enforcement agency intends to comply with the request. If a local law enforcement agency provides ICE with notification that an individual is being, or will be, released on a certain date, the local law enforcement agency shall promptly provide the same notification in writing to the individual and to his or her attorney or to one additional person who the individual shall be permitted to designate. -(c) All records relating to ICE access provided by local law enforcement agencies, including all communication with ICE, shall be public records for purposes of the California Public Records Act (Chapter 3.5 (commencing with Section 6250)), including the exemptions provided by that act and, as permitted under that act, personal identifying information may be redacted prior to public disclosure. Records relating to ICE access include, but are not limited to, data maintained by the local law enforcement agency regarding the number and demographic characteristics of individuals to whom the agency has provided ICE access, the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification request or through other means. -(d) Beginning January 1, 2018, the local governing body of any county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual during the last year shall hold at least one community forum during the following year, that is open to the public, in an accessible location, and with at least 30 days’ notice to provide information to the public about ICE’s access to individuals and to receive and consider public comment. As part of this forum, the local law enforcement agency may provide the governing body with data it maintains regarding the number and demographic characteristics of individuals to whom the agency has provided ICE access, the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification request or through other means. Data may be provided in the form of statistics or, if statistics are not maintained, individual records, provided that personally identifiable information shall be redacted. -7283.2. -Nothing in this chapter shall be construed to provide, expand, or ratify the legal authority of any state or local law enforcement agency to detain an individual based upon an ICE hold request. -SEC. 4. -The Legislature finds and declares that Section 3 of this act, which adds Chapter 17.2 (commencing with Section 7283) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: -By requiring public meetings relating to the manner in which local law enforcement entities cooperate with federal authorities in enforcing federal immigration laws and making related documents open to public inspection, this act furthers the purposes of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","Existing federal law authorizes issuance of an immigration detainer that serves to advise another law enforcement agency that the federal department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien. Existing federal law provides that the detainer is a request that the agency advise the department, prior to release of the alien, in order for the department to arrange to assume custody in situations when gaining immediate physical custody is either impracticable or impossible. -Existing law, commonly known as the TRUST Act, prohibits a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless, at the time that the individual becomes eligible for release from custody, certain conditions are met, including, among other things, that the individual has been convicted of specified crimes. Existing law defines specified terms for purposes of these provisions. -This bill, the Transparent Review of Unjust Transfers and Holds (TRUTH) Act, would require a local law enforcement agency, prior to an interview between the United States Immigration and Customs Enforcement (ICE) and an individual in custody regarding civil immigration violations, to provide the individual a written consent form, as specified, that would explain, among other things, the purpose of the interview, that it is voluntary, and that the individual may decline to be interviewed. The bill would require the consent form to be available in specified languages. The bill would require a local law enforcement agency to provide copies of specified documentation received from ICE to the individual and to notify the individual regarding the intent of the agency to comply with ICE requests. The bill would require that the records related to ICE access be public records for purposes of the California Public Records Act. The bill, commencing January 1, 2018, would require the local governing body of any county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual during the last year, to hold at least one public community forum during the following year, as specified, to provide information to the public about ICE’s access to individuals and to receive and consider public comment. By requiring these local agencies to comply with these requirements, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. -The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. -This bill would make legislative findings to that effect.","An act to add Chapter 17.2 (commencing with Section 7283) to Division 7 of Title 1 of the Government Code, relating to local government." -1205,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2891.1 of the Public Utilities Code is amended to read: -2891.1. -(a) Notwithstanding Section 2891, a telephone corporation selling or licensing lists of residential subscribers shall not include the telephone number of -any -a -subscriber assigned an unlisted or unpublished access number. A subscriber may waive all or part of the protection provided by this subdivision through written notice to the telephone corporation. -(b) Notwithstanding Section 2891, a provider of mobile telephony services, or any direct or indirect affiliate or agent of a provider, providing the name and dialing number of a subscriber for inclusion in any directory of any form, or selling the contents of any directory database, or any portion or segment -thereof, -of a directory database, -shall not include the dialing number of -any -a -subscriber without first obtaining the express consent of that subscriber. The express consent shall meet all of the following requirements: -(1) It shall be one of the following: -(A) A separate document that is signed and dated by the subscriber, and that is not attached to any other document. -(B) An affirmative response made on a separate field on an Internet Web site where there is no default. The provider of mobile telephony services shall send a confirmation notice to the subscriber’s electronic mail address, or to a subscriber’s postal mail address if the subscriber does not have an electronic mail account. -(2) It shall be unambiguous, legible, and conspicuously disclose that, by opting in, the subscriber is consenting to have the subscriber’s dialing number sold or licensed as part of a list of subscribers and the subscriber’s dialing number may be included in a publicly available directory. -(3) If, under the subscriber’s calling plan, the subscriber may be billed for receiving unsolicited calls or text messaging from a telemarketer, the provider’s form shall include an unambiguous and legible disclosure statement that, by consenting to have the subscriber’s dialing number sold or licensed as part of a list of subscribers or included in a publicly available directory, the subscriber may incur additional charges for receiving unsolicited calls or text messages. -(c) -Nothing in this section prohibits -This section does not prohibit -a subscriber of mobile telephony services from voluntarily entering into an agreement for the placement of his or her name and mobile telephony dialing number in any advertising program if the agreement satisfies the express consent requirements of this section. -(d) A subscriber who provides express prior consent pursuant to subdivision (b) may revoke that consent at any time. A provider of mobile telephony services shall comply with the subscriber’s request to opt out within a reasonable period of time, not to exceed 60 days. -(e) A subscriber shall not be charged for making the choice to not have -their -his or her -name and mobile telephony dialing number -be -or his or her name and residential telephone number -listed in a -directory or -publicly available directory assistance database. -(f) This section does not apply to the provision of telephone numbers to the following parties for the purposes indicated: -(1) To a collection agency, to the extent disclosures made by the agency are supervised by the commission, exclusively for the collection of unpaid debts. -(2) (A) To -any -a -law enforcement agency, fire protection agency, public health agency, public environmental health agency, city or county emergency services planning agency, or private for-profit agency operating under contract with, and at the direction of, one or more of these agencies, for the exclusive purpose of responding to a 911 call or communicating an imminent threat to life or property. -(B) Any information or records provided to a private for-profit agency pursuant to this subdivision shall be held in confidence by that agency and by -any -an -individual employed by or associated with that agency. This information or these records shall not be open to examination for any purpose not directly connected with the administration of the services specified in subdivision (e) of Section 2872 or this paragraph. -(3) To a lawful process issued under state or federal law. -(4) To a telephone corporation providing service between service areas for the provision to the subscriber of telephone service between service areas, or to third parties for the limited purpose of providing billing services. -(5) To a telephone corporation to effectuate a customer’s request to transfer the customer’s assigned telephone number from the customer’s existing provider of telecommunications services to a new provider of telecommunications services. -(6) To the commission pursuant to its jurisdiction and control over telephone and telegraph corporations. -(g) Every deliberate violation of this section is grounds for a civil suit by the aggrieved subscriber against the organization or corporation and its employees responsible for the violation. -(h) For purposes of this section, “unpublished or unlisted access number” means a telephone, telex, teletex, facsimile, computer modem, or any other code number that is assigned to a subscriber by a telephone or telegraph corporation for the receipt of communications initiated by other telephone or telegraph customers and that the subscriber has requested that the telephone or telegraph corporation keep in confidence. -(i) -No telephone corporation, nor any official or employee thereof, shall -A telephone corporation, or an official or employee of a telephone corporation, shall not -be subject to criminal or civil liability for the release of customer information as authorized by this section. -SECTION 1. -Section 707 of the -Public Utilities Code -is amended to read: -707. -(a)Not later than March 1, 2012, the commission shall institute a rulemaking proceeding for the purpose of considering and adopting a code of conduct, associated rules, and enforcement procedures, to govern the conduct of the electrical corporations relative to the consideration, formation, and implementation of community choice aggregation programs authorized in Section 366.2. The code of conduct, associated rules, and enforcement procedures, shall do all of the following: -(1)Ensure that an electrical corporation does not market against a community choice aggregation program, except through an independent marketing division that is funded exclusively by the electrical corporation’s shareholders and that is functionally and physically separate from the electrical corporation’s ratepayer-funded divisions. -(2)Limit the electrical corporation’s independent marketing division’s use of support services from the electrical corporation’s ratepayer-funded divisions, and ensure that the electrical corporation’s independent marketing division is allocated costs of any permissible support services from the electrical corporation’s ratepayer-funded divisions on a fully allocated embedded cost basis, providing detailed public reports of such use. -(3)Ensure that the electrical corporation’s independent marketing division does not have access to competitively sensitive information. -(4)(A)Incorporate rules that the commission finds to be necessary or convenient in order to facilitate the development of community choice aggregation programs, to foster fair competition, and to protect against cross-subsidization paid by ratepayers. -(B)It is the intent of the Legislature that the rules include, in whole or in part, the rules approved by the commission in Decision 97-12-088 and Decision 08-06-016. -(C)This paragraph does not limit the authority of the commission to adopt rules that it determines are necessary or convenient in addition to those adopted in Decision 97-12-088 and Decision 08-06-016 or to modify any rule adopted in those decisions. -(5)Provide for any other matter that the commission determines to be necessary or advisable to protect a ratepayer’s right to be free from forced speech or to implement that portion of the federal Public Utility Regulatory Policies Act of 1978 that establishes the federal standard that no electric utility may recover from any person other than the shareholders or other owners of the utility, any direct or indirect expenditure by the electric utility for promotional or political advertising (16 U.S.C. Sec. 2623(b)(5)). -(b)No later than January 1, 2013, the commission shall ensure that the code of conduct, associated rules, and enforcement procedures are implemented. -(c)This section does not limit the authority of the commission to require that any marketing against a community choice aggregation plan shall be conducted by an affiliate of the electrical corporation, or to require that marketing against a community choice aggregator not be conducted by a marketing division of the electrical corporation, subject to affiliate transaction rules to be developed by the commission.","Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law prohibits a telephone corporation selling or licensing lists of residential subscribers from including the telephone number of any subscriber assigned an unpublished or unlisted access number, as defined, without his or her written waiver of this protection. Existing law prohibits a provider of mobile telephony services, as defined, or any affiliate or agent of the provider, providing the name and dialing number of a subscriber for inclusion in a directory or directory database, from including the dialing number of any subscriber without first obtaining the express consent of that subscriber. Existing law prohibits a subscriber from being charged for making the choice to not have his or her name and mobile telephony dialing number listed in a publicly available directory assistance database. -This bill would prohibit a subscriber from being charged for making a choice to not have the above information listed in a directory. The bill would additionally prohibit a subscriber from being charged for making the choice to not have his or her name and residential telephone number listed in a directory or a publicly available directory assistance database. -Existing law requires the Public Utilities Commission to consider and adopt a code of conduct, associated rules, and enforcement procedures to govern the conduct of electrical corporations relative to the consideration, formation, and implementation of a community choice aggregation program. Existing law requires the commission to ensure that the code of conduct, associated rules, and enforcement procedures are implemented by no later than January 1, 2013. -This bill would make a nonsubstantive change to that provision.","An act to amend Section 707 of the Public Utilities Code, relating to electricity. -An act to amend Section 2891.1 of the Public Utilities Code, relating to telephony." -1206,"The people of the State of California do enact as follows: - - -SECTION 1. -Chapter 22.2.5 (commencing with Section 22586) is added to Division 8 of the Business and Professions Code, to read: -CHAPTER 22.2.5. Early Learning Personal Information Protection Act -22586. -(a) For purposes of this section: -(1) “Operator” means the operator of an Internet Web site, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for preschool or prekindergarten purposes and was designed and marketed for preschool and prekindergarten purposes. -(2) “Pupil” means a child enrolled in a preschool or prekindergarten course of instruction. -(b) An operator shall not knowingly engage in any of the following activities with respect to their site, service, or application: -(1) (A) Engage in targeted advertising on the operator’s site, service, or application. -(B) Target advertising on any other site, service, or application when the targeting of the advertising is based upon any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator’s site, service, or application described in subdivision (a). -(2) Use information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application, to amass a profile about a pupil except in furtherance of preschool or prekindergarten purposes. -(3) Sell a pupil’s information, including covered information. This prohibition does not apply to the purchase, merger, or other type of acquisition of an operator by another entity, provided that the operator or successor entity continues to be subject to the provisions of this section with respect to previously acquired pupil information. -(4) Disclose covered information unless the disclosure is made: -(A) In furtherance of the preschool and prekindergarten purposes of the site, service, or application, provided that the recipient of the covered information disclosed pursuant to this subparagraph: -(i) Shall not further disclose the information unless done to allow or improve operability and functionality within that pupil’s classroom, preschool, or prekindergarten. -(ii) Is legally required to comply with subdivision (d); -(B) To ensure legal and regulatory compliance; -(C) To respond to or participate in a judicial process; -(D) To protect the safety of users or others or security of the site; or -(E) To a service provider, provided the operator contractually (i) prohibits the service provider from using any covered information for any purpose other than providing the contracted service to, or on behalf of, the operator, (ii) prohibits the service provider from disclosing any covered information provided by the operator with subsequent third parties, and (iii) requires the service provider to implement and maintain reasonable security procedures and practices as provided in subdivision (d). -(c) Nothing in subdivision (b) shall be construed to prohibit the operator’s use of information for maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application. -(d) An operator shall: -(1) Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and protect that information from unauthorized access, destruction, use, modification, or disclosure. -(2) Delete a pupil’s covered information if the preschool, prekindergarten, or district requests deletion of data under the control of the preschool, prekindergarten, or district. -(e) Notwithstanding paragraph (4) of subdivision (b), an operator may disclose covered information of a pupil, as long as paragraphs (1) to (3), inclusive, of subdivision (b) are not violated, under the following circumstances: -(1) If other provisions of federal or state law require the operator to disclose the information, and the operator complies with the requirements of federal and state law in protecting and disclosing that information. -(2) For legitimate research purposes: (A) as required by state or federal law and subject to the restrictions under applicable state and federal law or (B) as allowed by state or federal law and under the direction of a preschool, prekindergarten, school district, or state department of education, if no covered information is used for any purpose in furtherance of advertising or to amass a profile on the pupil for purposes other than preschool and prekindergarten purposes. -(3) To a state or local educational agency, including preschools, prekindergartens, and school districts, for preschool and prekindergarten purposes, as permitted by state or federal law. -(f) Nothing in this section prohibits an operator from using deidentified pupil covered information as follows: -(1) Within the operator’s site, service, or application or other sites, services, or applications owned by the operator to improve educational products. -(2) To demonstrate the effectiveness of the operator’s products or services, including in their marketing. -(g) Nothing in this section prohibits an operator from sharing aggregated deidentified pupil covered information for the development and improvement of educational sites, services, or applications. -(h) “Online service” includes cloud computing services, which must comply with this section if they otherwise meet the definition of an operator. -(i) “Covered information” means personally identifiable information or materials, in any media or format that meets any of the following: -(1) Is created or provided by a pupil, or the pupil’s parent or legal guardian, to an operator in the course of the pupil’s, parent’s, or legal guardian’s use of the operator’s site, service, or application for preschool and prekindergarten purposes. -(2) Is created or provided by an employee or agent of the preschool, prekindergarten, school district, local educational agency, or county office of education, to an operator. -(3) Is gathered by an operator through the operation of a site, service, or application described in subdivision (a), and is descriptive of a pupil or otherwise identifies a pupil, including, but not limited to, information in the pupil’s educational record or email, first and last name, home address, telephone number, email address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, or geolocation information. -(j) “Preschool or prekindergarten purposes” means purposes that customarily take place at the direction of the preschool, prekindergarten, teacher, or school district, or aid in the administration of preschool or prekindergarten activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between pupils, preschool or prekindergarten personnel, or parents, or are for the use and benefit of the preschool or prekindergarten. -(k) This section shall not be construed to limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction. -(l) This section does not limit the ability of an operator to use a pupil’s data, including covered information, for adaptive learning or customized early learning purposes. -(m) This section does not apply to general audience Internet Web sites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator’s site, service, or application may be used to access those general audience sites, services, or applications. -(n) This section does not limit Internet service providers from providing Internet connectivity to preschools, prekindergartens, or pupils and their families. -(o) This section shall not be construed to prohibit an operator of an Internet Web site, online service, online application, or mobile application from marketing educational products directly to parents so long as the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this section. -(p) This section does not impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance of this section on those applications or software. -(q) This section does not impose a duty upon a provider of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, to review or enforce compliance with this section by third-party content providers. -(r) This section does not impede the ability of pupils to download, export, or otherwise save or maintain their own personally created data or documents. -22587. -This chapter shall become operative on July 1, 2017. -SEC. 2. -The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.","Existing law, The Student Online Personal Information Protection Act, restricts the use of information about elementary and secondary school students by operators of certain Internet Web sites and online services and applications by, among other things, prohibiting operators from engaging in targeted advertising, amassing student profiles except for K–12 school purposes, or selling or disclosing student information, as specified. Existing law also requires an operator to implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information to protect the information from unauthorized access, use, and disclosure. -Existing law also prohibits an operator of an Internet Web site or online service from knowingly using, disclosing, compiling, or allowing a 3rd party to use, disclose, or compile the personal information of a minor for the purpose of marketing or advertising specified types of products or services. Existing law also makes this prohibition applicable to an advertising service that is notified by an operator of an Internet Web site, online service, online application, or mobile application that the site, service, or application is directed to a minor. -This bill would, commencing on July 1, 2017, prohibit the operator of an Internet Web site, online service, online application, or mobile application that is used primarily for preschool or prekindergarten purposes, as defined, and was designed and marketed for preschool and prekindergarten purposes, to knowingly engage in specified activities with respect to their site, service, or application, including, among other things, engaging in targeted advertising, using specified information to amass a profile about a pupil except in furtherance of preschool or prekindergarten purposes, and selling or disclosing a pupil’s information, as specified. The bill would also require an operator to, among other things, implement and maintain reasonable security procedures and practices appropriate to the information to protect that information from unauthorized access, and to delete a pupil’s information at the request of a preschool, prekindergarten, or district, as specified. The bill would authorize the disclosure of a pupil’s information under specified circumstances. The bill would also provide that its provisions are severable.","An act to add Chapter 22.2.5 (commencing with Section 22586) to Division 8 of the Business and Professions Code, relating to privacy." -1207,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 50035 is added to the Government Code, to read: -50035. -(a) Prior to entering into a contingency fee contract for legal services relating to civil litigation initiated by the legislative body, the legislative body shall make a determination that use of a contingency fee contract would be cost effective and in the public interest. In making this determination, the legislative body shall make written findings in support of using a contingency fee contract. These findings shall include, but are not limited to, the following: -(1) Whether the existing legal and financial resources within the city attorney or county counsel’s office would be sufficient to handle the matter. -(2) The time and labor required, the novelty, complexity, and difficult of the questions involved, and the skill requisite to perform the attorney services properly. -(3) The geographic area where the attorney services are to be provided. -(4) The amount of experience desired for the particular type of attorney services to be provided and the nature of the contract attorney’s experience with similar issues or cases. -(b) After making the determination and findings required by subdivision (a), the legislative body shall draft and prominently post on the city or county’s Internet Web site a written request for proposals to represent the city or county on a contingency fee basis. -(c) Any contingency fee contract shall include the following provisions: -(1) The lead attorney within the office of the city attorney or county counsel who is assigned to the matter, or the legislative body if the city or county does not have one, shall retain complete control over the course and conduct of the case. -(2) An attorney within the office of the city attorney or county counsel who has supervisory authority, or the legislative body if the city or county does not have one, shall be personally involved in the oversight of the litigation. -(3) The lead attorney within the office of the city attorney or county counsel assigned to the matter, or the legislative body if the city or county does not have one, shall retain the authority to reject any decisions made by the contracted attorney. -(4) Any defendant that is the subject of litigation may contact the lead attorney within the city attorney or county counsel’s office directly, or the legislative body if the city or county does not have one, without having to confer with the contracted attorney. -(5) An attorney within the office of the city attorney or county counsel who has supervisory authority, or the legislative body if the city or county does not have one, shall attend all formal or informal settlement conferences. -(6) All decisions regarding settlement of the matter shall be exclusively reserved to the discretion of the lead attorney within the office of the city attorney or county counsel, or the legislative body if the city or county does not have one. -(7) The contracted attorney shall provide the city attorney or county counsel, or the legislative body if the city or county does not have one, a written status report on at least a monthly basis that includes a description of any significant court hearings, conferences, motions, or discovery and sets forth the anticipated legal strategy for the following month. -(d) (1) A copy of any executed contingency fee contract for legal services shall be prominently posted on the city or county’s internet Web site for public inspection within five days after the date the contract is executed and shall remain posted on the Web site for the duration of the matter. -(2) Any payment of a contingency fee pursuant to a contingency fee contract for legal services shall be prominently posted on the city attorney or county counsel’s Internet Web site within 15 days following the payment to the attorney or law firm and shall remain posted on the Internet Web site for at least one year following the issuance of the payment. -(e) The calculation of a contingency fee shall not include any portion of the judgment that is attributable to a fine, civil penalty, or punitive damages. -(f) Any private attorney or firm under contract to provide legal services to a legislative body pursuant to a contingency fee contract shall maintain detailed records of their services including, but not limited to, records of all expenses, disbursements, charges, credits, invoices, and hours billed or worked under the contract by the private attorney or paralegal in increments no greater than -1/10 -of an hour. These records shall be maintained by the legislative body for at least four years from the conclusion of the contract. These records shall be available for inspection under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), subject to any redaction authorized by that act. -(g) This section shall not be construed to expand the authority of any local agency to enter into a contract for legal services where no authority previously existed. -SEC. 2. -The Legislature finds and declares that Section 1 of this act, which adds Section 50035 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: -It is in the public interest for contracts entered into by a city or county for legal services based on a contingency fee to be open and transparent, therefor, this act would further the purposes of Section 3 of Article 1 of the California Constitution.","Existing law authorizes a city to hire a city attorney or a county to hire a county counsel for the representation of the city or county in legal matters. -This bill would require a city council or the board of supervisors of a county to, prior to entering into a contingency fee contract for legal services relating to civil litigation initiated by the city or county, make a determination that use of a contingency fee contract would be cost-effective and in the public interest. The bill would require this determination to be supported by specified findings and would require any contract entered into by the city or county for legal services on a contingency fee basis under these provisions to meet specified requirements and would provide that any contingency fee shall be calculated on the basis of the judgment amount excluding any award for fine, civil penalty, or punitive damages. -The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. -This bill would make legislative findings to that effect.","An act to add Section 50035 to the Government Code, relating to local government." -1208,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17052 of the Revenue and Taxation Code is amended to read: -17052. -(a) (1) For each taxable year beginning on or after January 1, 2015, there shall be allowed against the “net tax,” as defined by Section 17039, an earned income tax credit in an amount equal to an amount determined in accordance with Section 32 of the Internal Revenue Code, relating to earned income, as applicable for federal income tax purposes for the taxable year, except as otherwise provided in this section. -(2) (A) The amount of the credit determined under Section 32 of the Internal Revenue Code, relating to earned income, as modified by this section, shall be multiplied by the earned income tax credit adjustment factor for the taxable year. -(B) Unless otherwise specified in the annual Budget Act, the earned income tax credit adjustment factor for a taxable year beginning on or after January 1, 2015, shall be 0 percent. -(C) The earned income tax credit authorized by this section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the credit. -(b) (1) In lieu of the table prescribed in Section 32(b)(1) of the Internal Revenue Code, relating to percentages, the credit percentage and the phaseout percentage shall be determined as follows: -In the case of an eligible individual with: -The credit percentage is: -The phaseout percentage is: -No qualifying children -7.65% -7.65% -1 qualifying child -34% -34% -2 or more qualifying children -40% -40% -(2) (A) In lieu of the table prescribed in Section 32(b)(2)(A) of the Internal Revenue Code, the earned income amount and the phaseout amount shall be determined as follows: -In the case of an eligible individual with: -The earned income amount is: -The phaseout amount is: -No qualifying children -$3,290 -$3,290 -1 qualifying child -$4,940 -$4,940 -2 or more qualifying children -$6,935 -$6,935 -(B) Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply. -(3) Section 32(b)(3)(A) of the Internal Revenue Code, relating to increased percentage for three or more qualifying children, is modified by substituting “the credit percentage and phaseout percentage is 45 percent” for “the credit percentage is 45 percent.” -(c) (1) Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting “this state” for “the United States.” -(2) Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows: -(A) Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting “plus” and inserting in lieu thereof the following: “and only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance -Code.” -Code, plus -” -(B) -In lieu of -Section 32(c)(2)(A)(ii) of the Internal Revenue -Code shall not apply. -Code, substitute the following: “the amount of the taxpayer’s reportable gross income from self-employment for the taxable year.” For purposes of this section, “reportable gross income from self-employment” means gross income derived by an individual from any trade or business carried on by such individual that is properly reported to the Secretary on an information return for the taxable year and reported on a written statement furnished to that individual as required pursuant to Section 6041 of the Internal Revenue Code, relating to information at source, or Section 6041A of the Internal Revenue Code, relating to returns regarding payments of remuneration for services and direct sales. -(3) Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting “this state” for “the United States.” -(d) Section 32(i)(1) of the Internal Revenue Code is modified by substituting “$3,400” for “$2,200.” -(e) In lieu of Section 32(j) of the Internal Revenue Code, relating to inflation adjustments, for taxable years beginning on or after January 1, 2016, the amounts specified in paragraph (2) of subdivision (b) and in subdivision (d) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041. -(f) If the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. -(g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. -(h) Notwithstanding any other law, amounts refunded pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits. -(i) (1) For the purpose of implementing the credit allowed by this section for the 2015 taxable year, the Franchise Tax Board shall be exempt from the following: -(A) Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2. -(B) Special Project Report requirements under Statewide Information Management Manual Section 30. -(C) Section 11.00 of the 2015 Budget Act. -(D) Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code. -(2) The Franchise Tax Board shall formally incorporate the scope, costs, and schedule changes associated with the implementation of the credit allowed by this section in its next anticipated Special Project Report for its Enterprise Data to Revenue Project. -(j) (1) In accordance with Section 41 of the Revenue and Taxation Code, the purpose of the California Earned Income Tax Credit is to reduce poverty among California’s poorest working families and individuals. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following: -(A) The number of tax returns claiming the credit. -(B) The number of individuals represented on tax returns claiming the credit. -(C) The average credit amount on tax returns claiming the credit. -(D) The distribution of credits by number of dependents and income ranges. The income ranges shall encompass the phase-in and phaseout ranges of the credit. -(E) Using data from tax returns claiming the credit, including an estimate of the federal tax credit determined under Section 32 of the Internal Revenue Code, an estimate of the number of families who are lifted out of deep poverty by the credit and an estimate of the number of families who are lifted out of deep poverty by the combination of the credit and the federal tax credit. For the purposes of this subdivision, a family is in “deep poverty” if the income of the family is less than 50 percent of the federal poverty threshold. -(2) The Franchise Tax Board shall provide the written report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly Committees on Revenue and Taxation, and the Senate and Assembly Committees on Human Services. -(k) The tax credit allowed by this section shall be known as the California Earned Income Tax Credit. -(l) The amendments made to this section by the act adding this subdivision shall apply for taxable years beginning on or after January 1, 2016. -SECTION 1. -Section 23153 of the -Revenue and Taxation Code -is amended to read: -23153. -(a)Every corporation described in subdivision (b) shall be subject to the minimum franchise tax specified in subdivision (d) from the earlier of the date of incorporation, qualification, or commencing to do business within this state, until the effective date of dissolution or withdrawal as provided in Section 23331 or, if later, the date the corporation ceases to do business within the limits of this state. -(b)Unless expressly exempted by this part or the California Constitution, subdivision (a) shall apply to each of the following: -(1)Every corporation that is incorporated under the laws of this state. -(2)Every corporation that is qualified to transact intrastate business in this state pursuant to Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code. -(3)Every corporation that is doing business in this state. -(c)The following entities are not subject to the minimum franchise tax specified in this section: -(1)Credit unions. -(2)Nonprofit cooperative associations organized pursuant to Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code that have been issued the certificate of the board of supervisors prepared pursuant to Section 54042 of the Food and Agricultural Code. The association shall be exempt from the minimum franchise tax for five consecutive taxable years, commencing with the first taxable year for which the certificate is issued pursuant to subdivision (b) of Section 54042 of the Food and Agricultural Code. This paragraph only applies to nonprofit cooperative associations organized on or after January 1, 1994. -(d)(1)Except as provided in paragraph (2), paragraph (1) of subdivision (f) of Section 23151, paragraph (1) of subdivision (f) of Section 23181, and paragraph (1) of subdivision (c) of Section 23183, corporations subject to the minimum franchise tax shall pay annually to the state a minimum franchise tax of eight hundred dollars ($800). -(2)The minimum franchise tax shall be twenty-five dollars ($25) for each of the following: -(A)A corporation formed under the laws of this state whose principal business when formed was gold mining, which is inactive and has not done business within the limits of the state since 1950. -(B)A corporation formed under the laws of this state whose principal business when formed was quicksilver mining, which is inactive and has not done business within the limits of the state since 1971, or has been inactive for a period of 24 consecutive months or more. -(3)For purposes of paragraph (2), a corporation shall not be considered to have done business if it engages in business other than mining. -(e)Notwithstanding subdivision (a), for taxable years beginning on or after January 1, 1999, and before January 1, 2000, every “qualified new corporation” shall pay annually to the state a minimum franchise tax of five hundred dollars ($500) for the second taxable year. This subdivision shall apply to any corporation that is a qualified new corporation and is incorporated on or after January 1, 1999, and before January 1, 2000. -(1)The determination of the gross receipts of a corporation, for purposes of this subdivision, shall be made by including the gross receipts of each member of the commonly controlled group, as defined in Section 25105, of which the corporation is a member. -(2)“Gross receipts, less returns and allowances reportable to this state,” means the sum of the gross receipts from the production of business income, as defined in subdivision (a) of Section 25120, and the gross receipts from the production of nonbusiness income, as defined in subdivision (d) of Section 25120. -(3)“Qualified new corporation” means a corporation that is incorporated under the laws of this state or has qualified to transact intrastate business in this state, that begins business operations at or after the time of its incorporation and that reasonably estimates that it will have gross receipts, less returns and allowances, reportable to this state for the taxable year of one million dollars ($1,000,000) or less. “Qualified new corporation” does not include any corporation that began business operations as a sole proprietorship, a partnership, or any other form of business entity prior to its incorporation. This subdivision shall not apply to any corporation that reorganizes solely for the purpose of reducing its minimum franchise tax. -(4)This subdivision shall not apply to limited partnerships, as defined in Section 17935, limited liability companies, as defined in Section 17941, limited liability partnerships, as described in Section 17948, charitable organizations, as described in Section 23703, regulated investment companies, as defined in Section 851 of the Internal Revenue Code, relating to definition of regulated investment company, real estate investment trusts, as defined in Section 856 of the Internal Revenue Code, relating to definition of real estate investment trust, real estate mortgage investment conduits, as defined in Section 860D of the Internal Revenue Code, relating to REMIC defined, qualified Subchapter S subsidiaries, as defined in Section 1361(b)(3) of the Internal Revenue Code, relating to treatment of wholly owned subsidiaries, or to the formation of any subsidiary corporation, to the extent applicable. -(5)For any taxable year beginning on or after January 1, 1999, and before January 1, 2000, if a corporation has qualified to pay five hundred dollars ($500) for the second taxable year under this subdivision, but in its second taxable year, the corporation’s gross receipts, as determined under paragraphs (1) and (2), exceed one million dollars ($1,000,000), an additional tax in the amount equal to three hundred dollars ($300) for the second taxable year shall be due and payable by the corporation on the due date of its return, without regard to extension, for that year. -(f)(1)Notwithstanding subdivision (a), every corporation that incorporates or qualifies to do business in this state on or after January 1, 2000, shall not be subject to the minimum franchise tax for its first taxable year. -(2)This subdivision shall not apply to limited partnerships, as defined in Section 17935, limited liability companies, as defined in Section 17941, limited liability partnerships, as described in Section 17948, charitable organizations, as described in Section 23703, regulated investment companies, as defined in Section 851 of the Internal Revenue Code, relating to definition of regulated investment company, real estate investment trusts, as defined in Section 856 of the Internal Revenue Code, relating to definition of real estate investment trust, real estate mortgage investment conduits, as defined in Section 860D of the Internal Revenue Code, relating to REMIC defined, and qualified Subchapter S subsidiaries, as defined in Section 1361(b)(3) of the Internal Revenue Code, relating to treatment of wholly owned subsidiaries, to the extent applicable. -(3)This subdivision shall not apply to any corporation that reorganizes solely for the purpose of avoiding payment of its minimum franchise tax. -(g)Notwithstanding subdivision (a), a domestic corporation, as defined in Section 167 of the Corporations Code, that files a certificate of dissolution in the office of the Secretary of State pursuant to subdivision (b) of Section 1905 of the Corporations Code, prior to its amendment by the act amending this subdivision, and that does not thereafter do business shall not be subject to the minimum franchise tax for taxable years beginning on or after the date of that filing. -(h)The minimum franchise tax imposed by paragraph (1) of subdivision (d) shall not be increased by the Legislature by more than 10 percent during any calendar year. -(i)(1)Notwithstanding subdivision (a), a corporation that is a small business solely owned by a deployed member of the United States Armed Forces shall not be subject to the minimum franchise tax for any taxable year the owner is deployed and the corporation operates at a loss or ceases operation. -(2)The Franchise Tax Board may promulgate regulations as necessary or appropriate to carry out the purposes of this subdivision, including a definition for “ceases operation.” -(3)For the purposes of this subdivision, all of the following definitions apply: -(A)“Deployed” means being called to active duty or active service during a period when a Presidential Executive order specifies that the United States is engaged in combat or homeland defense. “Deployed” does not include either of the following: -(i)Temporary duty for the sole purpose of training or processing. -(ii)A permanent change of station. -(B)“Operates at a loss” means negative net income as defined in Section 24341. -(C)“Small business” means a corporation with total income from all sources derived from, or attributable, to the state of two hundred fifty thousand dollars ($250,000) or less. -(4)This subdivision shall become inoperative for taxable years beginning on or after January 1, 2020. -(j)Notwithstanding subdivision (a), for taxable years beginning on or after January 1, 2017, corporations subject to the minimum franchise tax shall pay annually to the state a minimum franchise tax of one hundred fifty dollars ($150). -(2)This subdivision shall not apply to limited partnerships, as defined in Section 17935, limited liability companies, as defined in Section 17941, limited liability partnerships, as described in Section 17948, charitable organizations, as described in Section 23703, regulated investment companies, as defined in Section 851 of the Internal Revenue Code, relating to definition of regulated investment company, real estate investment trusts, as defined in Section 856 of the Internal Revenue Code, relating to the definition of real estate investment trust, and real estate mortgage investment conduits, as defined in Section 860D of the Internal Revenue Code, relating to REMIC defined. -SEC. 2. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income from wages, salaries, tips, and other employee compensation plus net earnings from self-employment and who meet certain other requirements. The Personal Income Tax Law, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, allows an earned income credit against personal income tax, which is only for earned income from wages, salaries, tips, and other employee compensation, and a payment in excess of that credit amount, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor as set forth in the annual Budget Act. -This bill would, for taxable years beginning on and after January 1, 2016, expand the earned income credit allowed by the Personal Income Tax Law by providing additional conformity with federal income tax law to include specified net earnings from self-employment in earned income thus allowing an earned income credit for taxpayers for those earnings. -Existing law establishes the continuously appropriated Tax Relief and Refund Account and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including any amount allowable as an earned income credit in excess of any tax liabilities. -By authorizing new payments from that account for additional amounts in excess of personal income tax liabilities, this bill would make an appropriation. -Existing law imposes an annual minimum franchise tax, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state. Existing law, until taxable years beginning on or after January 1, 2018, exempts a corporation and a limited liability company that are small businesses solely owned by a deployed member of the United States Armed Forces, as specified, from paying the minimum franchise tax, or the annual tax, for the privilege of doing business in this state if the corporation or limited liability company ceases operation or operates at a loss, as defined. -The bill would reduce the annual minimum franchise tax to $150 for taxable years beginning on or after January 1, 2017, for specified corporations. This bill would also extend the exemption for corporations and limited liability companies solely owned by deployed members of the United States Armed Forces until January 1, 2020. -This bill would take effect immediately as a tax levy.","An act to amend Section -23153 -17052 -of the Revenue and Taxation Code, relating to -taxation, to take effect immediately, tax levy. -taxation -, and making an appropriation therefor." -1209,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1812.82 of the Civil Code is amended to read: -1812.82. -Every contract for health studio services shall be in writing and shall be subject to the provisions of this title. A copy of the written contract shall be physically given to or delivered by email to the customer at the time he or she signs the contract. -SEC. 2. -Section 1812.84 of the Civil Code is amended to read: -1812.84. -(a) A contract for health studio services may not require payments or financing by the buyer to exceed the term of the contract, nor may the term of the contract exceed three years. This subdivision does not apply to a member’s obligation to pay valid, outstanding moneys due under the contract, including moneys to be paid pursuant to a termination notice period in the contract in which the termination notice period does not exceed 30 days. -(b) A contract for health studio services shall include a statement printed in a size at least 14-point type or presented in an equally legible electronic format that discloses the initial or minimum length of the term of the contract. This statement shall be placed above the space reserved for the signature of the buyer. -(c) At any time a cancellation is authorized by this title, a contract for health studio services may be canceled by the buyer in person, via email from an email address on file with the health studio, or via first-class mail. -SEC. 3. -Section 1812.85 of the Civil Code is amended to read: -1812.85. -(a) Every contract for health studio services shall provide that performance of the agreed-upon services will begin within six months after the date the contract is entered into. The consumer may cancel the contract and receive a pro rata refund if the health studio fails to provide the specific facilities advertised or offered in writing by the time indicated. If no time is indicated in the contract, the consumer may cancel the contract within six months after the execution of the contract and shall receive a pro rata refund. If a health studio fails to meet a timeline set forth in this section, the consumer may cancel the contract at any time after the expiration of the timeline. However, if following the expiration of the timeline, the health studio provides the advertised or agreed-upon services, the consumer may cancel the contract up to 10 days after those services are provided. -(b) (1) Every contract for health studio services shall, in addition, contain on its face, and in close proximity to the space reserved for the signature of the buyer, a conspicuous statement in a size equal to at least 10-point boldface type, as follows: - -“You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to -_____ (Name of health studio operator) _____ -at _____ (Address and email address of health studio operator).” _____ -(2) The contract for health studio services shall contain on the first page, in a type size no smaller than that generally used in the body of the document, the following: (A) the name and mailing address of the health studio operator to which the notice of cancellation is to be mailed, (B) the email address of the health studio operator to which a notice of cancellation email is to be sent, and (C) the date the buyer signed the contract. -(3) The contract shall provide a description of the services, facilities, and hours of access to which the consumer is entitled or state where that information is available on the health studio operator’s Internet Web site. Any services, facilities, and hours of access that are not described in the contract or on the health studio operator’s Internet Web site shall be considered optional services, and these optional services shall be considered as separate contracts for the purposes of this title and Section 1812.83. -(4) Until the health studio operator has complied with this section, the buyer may cancel the contract for health studio services. -(5) All moneys paid pursuant to a contract for health studio services shall be refunded within 10 days after receipt of the notice of cancellation, except that payment shall be made for any health studio services received prior to cancellation. -(c) If at any time during the term of the contract, including a transfer of the contractual obligation, the health studio eliminates or substantially reduces the scope of the facilities, such as swimming pools or tennis courts, that were described in the contract, in an advertisement relating to the specific location, or in a written offer, and available to the consumer upon execution of the contract, the consumer may cancel the contract and receive a pro rata refund. The consumer may not cancel the contract pursuant to this subdivision if the health studio, after giving reasonable notice to its members, temporarily takes facilities out of operation for reasonable repairs, modifications, substitutions, or improvements. This subdivision shall not be interpreted to give the consumer the right to cancel a contract because of changes to the type or quantity of classes or equipment offered, provided the consumer is informed in the contract that the health studio reserves the right to make changes to the type or quantity of classes or equipment offered and the changes to the type or quantity of classes or equipment offered are reasonable under the circumstances. -(d) (1) If a contract for health studio services requires payment of one thousand five hundred dollars ($1,500) to two thousand dollars ($2,000), inclusive, including initiation fees or initial membership fees, by the person receiving the services or the use of the facility, the person shall have the right to cancel the contract within 20 days after the contract is executed. -(2) If a contract for health studio services requires payment of two thousand one dollars ($2,001) to two thousand five hundred dollars ($2,500), inclusive, including initiation fees or initial membership fees, by the person receiving the services or the use of the facility, the person shall have the right to cancel the contract within 30 days after the contract is executed. -(3) If a contract for health studio services requires payment of two thousand five hundred one dollars ($2,501) or more, including initiation fees or initial membership fees, by the person receiving the services or the use of the facility, the person shall have the right to cancel the contract within 45 days after the contract is executed. -(4) The right of cancellation provided in this subdivision shall be set out in the membership contract. -(5) The rights and remedies under this paragraph are cumulative to any rights and remedies under other law. -(6) A health studio entering into a contract for health studio services that requires a payment of less than one thousand five hundred dollars ($1,500), including initiation or initial membership fees and exclusive of interest or finance charges, by the person receiving the services or the use of the facilities, is not required to comply with paragraph (1), (2), or (3). -(e) Upon cancellation, the consumer shall be liable only for that portion of the total contract payment, including initiation fees and other charges however denominated, that has been available for use by the consumer, based upon a pro rata calculation over the term of the contract. The remaining portion of the contract payment shall be returned to the consumer by the health studio.","Existing law requires every health studio services contract to be in writing and that a copy of the written contract be given to the customer at the time he or she signs the contract. -This bill would, in the alternative, require that the contract be delivered by email to the customer at the time he or she signs the contract. -Existing law requires the contract to include a statement that discloses the length of the term of the contract in at least 14-point type and requires the contract to contain on the first page the name and address of the health studio operator to which a notice of cancellation can be mailed and the date the buyer signed the contract. -This bill would, instead, require the contract to disclose the initial or minimum length of the term of the contract and would, in the alternative, require the contract to be presented in an electronic format that is as equally legible as the printed contract. -Existing law requires the contract to provide a description of the services, facilities, and hours of access that the consumer is entitled to and provides that any services, facilities, and hours of access that are not described in the contract are to be considered optional services and as separate contracts, as specified. -This bill would, in the alternative, require a contract to state where the description of services, facilities, and hours of access that the consumer is entitled to is available on the health studio operator’s Internet Web site and would provide that any services, facilities, and hours of access that are not described in the contract or on the health studio operator’s Internet Web site are to be considered optional services and as separate contracts, as specified. -Existing law authorizes a consumer to cancel a contract for health studio services within specified timeframes after the contract is executed, if the health studio fails to provide the specific facilities advertised or offered or if the health studio eliminates or reduces the scope of the facilities, as specified. -This bill would specify that a contract for health studio services may be canceled by the buyer in person, via email from an email address on file with the health studio, or via first-class mail, and would require that the email address to which a notice of cancellation email is to be sent be on the first page of the contract. The bill would make other conforming changes.","An act to amend Sections 1812.82, 1812.84, and 1812.85 of the Civil Code, relating to health studio services." -1210,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 42924.5 is added to the Public Resources Code, to read: -42924.5. -(a) On or before July 1, 2017, the department shall develop guidance for collecting and recycling recyclable materials in office buildings of state agencies and large state facilities. -(b) For purposes of this section, “recyclable materials” shall include, but are not limited to, paper, plastic, metal, and organic waste. -(c) On and after July 1, 2018, a state agency and large state facility, for each office building of the state agency or large state facility, shall provide adequate receptacles, signage, education, and staffing, and arrange for recycling services consistent with Sections 42649.2 and 42649.81. -(d) At least once per year, a state agency and large state facility shall review the adequacy and condition of receptacles for recyclable material and of associated signage, education, and staffing. -(e) For purposes of this section, “state agency” and “large state facility” do not include buildings or facilities of community college districts or their campuses. -SEC. 2. -Section 42926 of the Public Resources Code is amended to read: -42926. -(a) In addition to the information provided to the department pursuant to Section 12167.1 of the Public Contract Code, each state agency shall submit an annual report to the department summarizing its progress in reducing solid waste as required by Section 42921. The annual report shall be due on or before May 1 of each year. The information in this report shall encompass the previous calendar year. -(b) A state agency’s annual report to the department shall, at a minimum, include all of the following: -(1) Calculations of annual disposal reduction. -(2) Information on the changes in waste generated or disposed of due to increases or decreases in employees, economics, or other factors. -(3) A summary of progress made in implementing the integrated waste management plan. -(4) The extent to which the state agency intends to utilize programs or facilities established by the local agency for the handling, diversion, and disposal of solid waste. If the state agency does not intend to utilize those established programs or facilities, the state agency shall identify sufficient disposal capacity for solid waste that is not source reduced, recycled, or composted. -(5) A summary of the state agency’s compliance with the requirements specified in subdivisions (c) and (d) of Section 42924.5. -(6) Other information relevant to compliance with Section 42921. -(c) The department shall use, but is not limited to the use of, the annual report in the determination of whether the agency’s integrated waste management plan needs to be revised. -(d) For purposes of this section, the meaning of “state agency” does not include a district agricultural association, as defined in Section 3951 of the Food and Agricultural Code. -SEC. 2.5. -Section 42926 of the Public Resources Code is amended to read: -42926. -(a) In addition to the information provided to the department pursuant to Section 12167.1 of the Public Contract Code, each state agency shall submit an annual report to the department summarizing its progress in reducing solid waste as required by Section 42921. The annual report shall be due on or before May 1 of each year. The information in this report shall encompass the previous calendar year. -(b) A state agency’s annual report to the department shall, at a minimum, include all of the following: -(1) Calculations of annual disposal reduction. -(2) Information on the changes in waste generated or disposed of due to increases or decreases in employees, economics, or other factors. -(3) A summary of progress made in implementing the integrated waste management plan. -(4) The extent to which the state agency intends to utilize programs or facilities established by the local agency for the handling, diversion, and disposal of solid waste. If the state agency does not intend to utilize those established programs or facilities, the state agency shall identify sufficient disposal capacity for solid waste that is not source reduced, recycled, or composted. -(5) A summary of the state agency’s compliance with the requirements specified in subdivisions (c) and (d) of Section 42924.5. -(6) A summary of the state agency’s compliance with Chapter 12.8 (commencing with Section 42649) and Chapter 12.9 (commencing with Section 42649.8), if applicable. -(7) Other information relevant to compliance with Section 42921. -(c) The department shall use, but is not limited to the use of, the annual report in the determination of whether the agency’s integrated waste management plan needs to be revised. -(d) For purposes of this section, the meaning of “state agency” does not include a district agricultural association, as defined in Section 3951 of the Food and Agricultural Code. -SEC. 3. -Section 2.5 of this bill incorporates amendments to Section 42926 of the Public Resources Code proposed by both this bill and Assembly Bill 2396. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 42926 of the Public Resources Code, and (3) this bill is enacted after Assembly Bill 2396, in which case Section 2 of this bill shall not become operative.","Existing law requires the Department of Resources Recycling and Recovery to develop and adopt requirements relating to adequate areas for collecting, storing, and loading recyclable materials in state buildings. Existing law requires each state agency or large state facility, when entering into a new lease, or renewing an existing lease, to ensure that adequate areas are provided for, and adequate personnel are available to oversee, the collection, storage, and loading of recyclable materials in compliance with those requirements. -This bill would require the department, on or before July 1, 2017, to develop guidance for collecting and recycling recyclable materials in office buildings of state agencies and large state facilities, except buildings and facilities of community college districts or their campuses. The bill would require that a covered state agency and large state facility, on and after July 1, 2018, provide adequate receptacles, signage, education, and staffing, and arrange for recycling services consistent with specified law, for each office building of the state agency or large state facility. The bill would require, at least once per year, a covered state agency and large state facility to review the adequacy and condition of receptacles for recyclable material and of associated signage, education, and staffing. -Existing law requires each state agency to submit an annual report to the department summarizing its progress in reducing solid waste, as specified. -This bill would require that report to include a summary of the state agency’s compliance with this act. -This bill would incorporate additional changes in Section 42926 of the Public Resources Code proposed by AB 2396 that would become operative only if AB 2396 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.","An act to amend Section 42926 of, and to add Section 42924.5 to, the Public Resources Code, relating to recycling." -1211,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 628 of the Welfare and Institutions Code is amended to read: -628. -(a) (1) Upon delivery to the probation officer of a minor who has been taken into temporary custody under the provisions of this article, the probation officer shall immediately investigate the circumstances of the minor and the facts surrounding his or her being taken into custody and shall immediately release the minor to the custody of his or her parent, legal guardian, or responsible relative unless it can be demonstrated upon the evidence before the court that continuance in the home is contrary to the minor’s welfare and one or more of the following conditions exist: -(A) Continued detention of the minor is a matter of immediate and urgent necessity for the protection of the minor or reasonable necessity for the protection of the person or property of another. -(B) The minor is likely to flee the jurisdiction of the court. -(C) The minor has violated an order of the juvenile court. -(2) The probation officer’s decision to detain a minor who is currently a dependent of the juvenile court pursuant to Section 300 or the subject of a petition to declare him or her a dependent of the juvenile court pursuant to Section 300 and who has been removed from the custody of his or her parent or guardian by the juvenile court shall not be based on any of the following: -(A) The minor’s status as a dependent of the juvenile court or as the subject of a petition to declare him or her a dependent of the juvenile court. -(B) A determination that continuance in the minor’s current placement is contrary to the minor’s welfare. -(C) The child welfare services department’s inability to provide a placement for the minor. -(3) The probation officer shall immediately release a minor described in paragraph (2) to the custody of the child welfare services department or his or her current foster parent or other caregiver unless the probation officer determines that one or more of the conditions in paragraph (1) exist. -(4) This section does not limit a probation officer’s authority to refer a minor to child welfare services. -(b) If the probation officer has reason to believe that the minor is at risk of entering foster care placement as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, the probation officer shall, as part of the investigation undertaken pursuant to subdivision (a), make reasonable efforts, as described in paragraph (5) of subdivision (d) of Section 727.4, to prevent or eliminate the need for removal of the minor from his or her home. -(c) In any case in which there is reasonable cause for believing that a minor who is under the care of a physician or surgeon or a hospital, clinic, or other medical facility and cannot be immediately moved is a person described in subdivision (d) of Section 300, the minor shall be deemed to have been taken into temporary custody and delivered to the probation officer for the purposes of this chapter while he or she is at the office of the physician or surgeon or that medical facility. -(d) (1) It is the intent of the Legislature that this subdivision shall comply with paragraph (29) of subsection (a) of Section 671 of Title 42 of the United States Code as added by the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). It is further the intent of the Legislature that the identification and notification of relatives shall be made as early as possible after the removal of a youth who is at risk of entering foster care placement. -(2) If the minor is detained and the probation officer has reason to believe that the minor is at risk of entering foster care placement, as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, then the probation officer shall conduct, within 30 days, an investigation in order to identify and locate all grandparents, adult siblings, and other relatives of the child, as defined in paragraph (2) of subdivision (f) of Section 319, including any other adult relatives suggested by the parents. The probation officer shall provide to all adult relatives who are located, except when that relative’s history of family or domestic violence makes notification inappropriate, within 30 days of the date on which the child is detained, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information: -(A) The child has been removed from the custody of his or her parent or parents, or his or her guardians. -(B) An explanation of the various options to participate in the care and placement of the child and support for the child’s family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child, how to become a foster family home or approved relative or nonrelative extended family member as defined in Section 362.7, and additional services and support that are available in out-of-home placements. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. When oral notification is provided, the probation officer is not required to provide detailed information about the various options to help with the care and placement of the child. -(3) The probation officer shall use due diligence in investigating the names and locations of the relatives pursuant to paragraph (2), including, but not limited to, asking the child in an age-appropriate manner about relatives important to the child, consistent with the child’s best interest, and obtaining information regarding the location of the child’s adult relatives. -(4) To the extent allowed by federal law as a condition of receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), if the probation officer did not conduct the identification and notification of relatives, as required in paragraph (2), but the court orders foster care placement, the probation officer shall conduct the investigation to find and notify relatives within 30 days of the placement order. Nothing in this section shall be construed to delay foster care placement for an individual child. -SEC. 2. -To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.","Existing law requires a probation officer, upon delivery of a minor who has been taken into temporary custody, to immediately investigate the circumstances of the minor and the facts surrounding the minor being taken into custody and to immediately release the minor to the custody of his or her parent, legal guardian, or responsible relative unless evidence before the court demonstrates that continuance in the home is contrary to the child’s welfare, and one or more specified circumstances is present, including, among others, that the minor is destitute. -This bill would delete several of those specified circumstances. The bill would also prohibit the probation officer, when deciding whether to detain a minor who is currently a dependent of the juvenile court or the subject of a petition to declare him or her a dependent of the juvenile court and who has been removed from the custody of his or her parent or guardian by the juvenile court, from considering specified information, including, among others, the minor’s status as a dependent of the juvenile court or as the subject of a petition to declare him or her a dependent of the juvenile court. The bill would require a probation officer to immediately release that minor to the custody of the child welfare services department or his or her current foster parent or other caregiver, except as specified. By increasing the duties imposed on local child welfare services departments, this bill would create a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 628 of the Welfare and Institutions Code, relating to juveniles." -1212,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 402.1 of the Revenue and Taxation Code is amended to read: -402.1. -(a) In the assessment of land, the assessor shall consider the effect upon value of any enforceable restrictions to which the use of the land may be subjected. These restrictions shall include, but are not limited to, all of the following: -(1) Zoning. -(2) Recorded contracts with governmental agencies other than those provided in Sections 422, 422.5, and 422.7. -(3) Permit authority of, and permits issued by, governmental agencies exercising land use powers concurrently with local governments, including the California Coastal Commission and regional coastal commissions, the San Francisco Bay Conservation and Development Commission, and the Tahoe Regional Planning Agency. -(4) Development controls of a local government in accordance with any local coastal program certified pursuant to Division 20 (commencing with Section 30000) of the Public Resources Code. -(5) Development controls of a local government in accordance with a local protection program, or any component thereof, certified pursuant to Division 19 (commencing with Section 29000) of the Public Resources Code. -(6) Environmental constraints applied to the use of land pursuant to provisions of statutes. -(7) Hazardous waste land use restriction pursuant to Section 25226 of the Health and Safety Code. -(8) (A) A recorded conservation, trail, or scenic easement, as described in Section 815.1 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use. -(B) A recorded greenway easement, as described in Section 816.52 of the Civil Code, that is granted in favor of a public agency, or in favor of a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has as its primary purpose the developing and preserving of greenways. -(9) A solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190) of Part 1 of Division 1 of Title 5 of the Government Code. -(10) A contract where the following apply: -(A) The contract is with a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program. -(B) The contract restricts the use of the land for at least 30 years to owner-occupied housing available at affordable housing cost in accordance with Section 50052.5 of the Health and Safety Code. -(C) The contract includes a deed of trust on the property in favor of the nonprofit corporation to ensure compliance with the terms of the program, which has no value unless the owner fails to comply with the covenants and restrictions of the terms of the home sale. -(D) The local housing authority or an equivalent agency, or, if none exists, the city attorney or county counsel, has made a finding that the long-term deed restrictions in the contract serve a public purpose. -(E) The contract is recorded and provided to the assessor. -(11) (A) A contract where the following apply: -(i) The contract is a renewable 99-year ground lease between a community land trust and the qualified owner of an owner-occupied single-family dwelling or an owner-occupied unit in a multifamily dwelling. -(ii) The contract subjects a single-family dwelling or unit in a multifamily dwelling, and the land on which the dwelling or unit is situated that is leased to the qualified owner by a community land trust for the convenient occupation and use of that dwelling or unit, to affordability restrictions. -(iii) One of the following public agencies or officials has made a finding that the affordability restrictions in the contract serve the public interest to create and preserve the affordability of residential housing for persons and families of low or moderate income: -(I) The director of the local housing authority or equivalent agency. -(II) The county counsel. -(III) The director of a county housing department. -(IV) The city attorney. -(V) The director of a city housing department. -(iv) The contract is recorded and is provided to the assessor. -(B) For purposes of this paragraph, all of the following definitions shall apply: -(i) “Affordability restrictions” mean that all of the following conditions are met: -(I) The dwelling or unit can only be sold or resold to a qualified owner to be occupied as a principal place of residence. -(II) The sale or resale price of the dwelling or unit is determined by a formula that ensures the dwelling or unit has a purchase price that is affordable to qualified owners. -(III) There is a purchase option for the dwelling or unit in favor of a community land trust intended to preserve the dwelling or unit as affordable to qualified owners. -(IV) The dwelling or unit is to remain affordable to qualified owners by a renewable 99-year ground lease. -(ii) “Community land trust” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following: -(I) Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences. -(II) All dwellings and units located on the land owned by the nonprofit corporation are sold to a qualified owner to be occupied as the qualified owner’s primary residence or rented to persons and families of low or moderate income. -(III) The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years. -(iii) “Limited equity housing cooperative” has the same meaning as that term is defined in Section 817 of the Civil Code. -(iv) “Persons and families of low or moderate income” has the same meaning as that term is defined in Section 50093 of the Health and Safety Code. -(v) “Qualified owner” means persons and families of low or moderate income, including persons and families of low or moderate income that own a dwelling or unit collectively as member occupants or resident shareholders of a limited equity housing cooperative. -(b) There is a rebuttable presumption that restrictions will not be removed or substantially modified in the predictable future and that they will substantially equate the value of the land to the value attributable to the legally permissible use or uses. -(c) Grounds for rebutting the presumption may include, but are not necessarily limited to, the past history of like use restrictions in the jurisdiction in question and the similarity of sales prices for restricted and unrestricted land. The possible expiration of a restriction at a time certain shall not be conclusive evidence of the future removal or modification of the restriction unless there is no opportunity or likelihood of the continuation or renewal of the restriction, or unless a necessary party to the restriction has indicated an intent to permit its expiration at that time. -(d) In assessing land with respect to which the presumption is unrebutted, the assessor shall not consider sales of otherwise comparable land not similarly restricted as to use as indicative of value of land under restriction, unless the restrictions have a demonstrably minimal effect upon value. -(e) In assessing land under an enforceable use restriction wherein the presumption of no predictable removal or substantial modification of the restriction has been rebutted, but where the restriction nevertheless retains some future life and has some effect on present value, the assessor may consider, in addition to all other legally permissible information, representative sales of comparable lands that are not under restriction but upon which natural limitations have substantially the same effect as restrictions. -(f) For the purposes of this section the following definitions apply: -(1) “Comparable lands” are lands that are similar to the land being valued in respect to legally permissible uses and physical attributes. -(2) “Representative sales information” is information from sales of a sufficient number of comparable lands to give an accurate indication of the full cash value of the land being valued. -(g) It is hereby declared that the purpose and intent of the Legislature in enacting this section is to provide for a method of determining whether a sufficient amount of representative sales information is available for land under use restriction to ensure the accurate assessment of that land. It is also hereby declared that the further purpose and intent of the Legislature in enacting this section and Section 1630 is to avoid an assessment policy which, in the absence of special circumstances, considers uses for land that legally are not available to the owner and not contemplated by government, and that these sections are necessary to implement the public policy of encouraging and maintaining effective land use planning. This statute shall not be construed as requiring the assessment of any land at a value less than as required by Section 401 or as prohibiting the use of representative comparable sales information on land under similar restrictions when this information is available. -SEC. 2. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. -SEC. 3. -Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. -SEC. 4. -This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.","Existing law requires the county assessor to consider, when valuing real property for property taxation purposes, the effect of any enforceable restrictions to which the use of the land may be subjected, including, but not limited to, zoning, recorded contracts with governmental agencies, and various other restrictions imposed by governments. -This bill would require the county assessor to consider, when valuing real property for property taxation purposes, a contract that is a 99-year ground lease between a community land trust, as defined, and the qualified owner, as defined, of an owner-occupied single-family dwelling or an owner-occupied unit in a multifamily dwelling and that subjects a single-family dwelling or unit in a multifamily dwelling, and the land on which the dwelling or unit is situated that is leased to the qualified owner for the convenient occupation and use of that dwelling or unit, to affordability restrictions, as defined. -By changing the manner in which county assessors assess property for property taxation purposes, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. -Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. -This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. -This bill would take effect immediately as a tax levy.","An act to amend Section 402.1 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy." -1213,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) It is the policy of the state to promote open access to public records. It is in the interest of the public to ensure, to the greatest extent possible, that there is open public access to court records, including civil case records. -(b) It is the policy of the state that access to public records be limited or restricted only under compelling circumstances. -(c) With the enactment of Chapter 1007 of the Statutes of 1991, the Legislature began restricting public access to civil case records in unlawful detainer proceedings. Under current law, with limited exceptions, civil case records in unlawful detainer proceedings are unavailable to the public for a period of 60 days after filing. Civil case records in unlawful detainer proceedings in which the defendant prevails within 60 days of filing are permanently unavailable to the public. -(d) The state has a housing crisis that requires revising the current restrictions on public access to civil case records in unlawful detainer proceedings. More than four decades have passed since the California Supreme Court first observed, in Green v. Superior Court (1974) 10 Cal.3d 616, 625, “a scarcity of adequate low cost housing in virtually every urban setting [in California].” Yet the shortage of affordable housing for low-income tenants has only grown. Median monthly rents in the state are now approximately 50 percent higher than the national average, but high prices have failed to spur sufficient housing construction to meet demand. As a result, households in the state in the bottom quarter of the income distribution spend an average of 67 percent of their income on housing. The recent economic and foreclosure crises have only exacerbated the challenges that low-income households face in securing affordable housing. -(e) The difficulty of securing affordable housing in competitive rental markets is also worsened by the existing law governing access to civil case records in unlawful detainer proceedings. Specifically, once unlawful detainer civil case records become public, tenant screening companies and credit reporting agencies capture and publish personal identifying information regarding tenants named as defendants in those records. This information appears in published lists, known as unlawful detainer registries, and on tenants’ credit reports. So long as it is accurate, the fact that a tenant was once sued for unlawful detainer is publicly available for up to seven years and cannot be challenged under federal or state laws governing consumer credit reporting. -(f) The names of thousands of innocent tenants whose cases are resolved only after the 60-day deadline appear on unlawful detainer registries. Many of these tenants successfully settle, secure a dismissal, or win at trial, and would have escaped negative credit reporting if only they had prevailed before the deadline. In other instances, unlawful detainer complaints are filed against tenants but never served. Because these complaints are never dismissed, the tenant’s name is publicly released after 60 days and negative credit reporting ensues. Because landlords, who are attempting to decide between numerous applicants for scarce rental housing, rely on unlawful detainer registries and on credit reports, landlords often choose not to rent to tenants who appear on these registries, even if the tenants were eventually found innocent of unlawful detainer. As a result, given the statewide housing shortage, these tenants may be shut out of rental markets for up to seven years through no fault of their own. -(g) This act strikes a just balance between ensuring open access to public records and protecting the credit and reputation of innocent tenants. This act also ensures that landlords will have access to timely and more accurate information regarding prospective tenants. This act is a response to the state’s ongoing affordable housing crisis and is necessary to prevent tenants from being inadvertently denied an opportunity to secure housing simply as a result of being named in an unlawful detainer lawsuit. -SEC. 2. -It is the intent of the Legislature to amend existing statutes regarding open access to public records by making permanently unavailable to the public civil case records in unlawful detainer proceedings in which the plaintiff does not prevail within 60 days of filing instead of unlawful detainer proceedings in which the defendant prevails within 60 days of filing. -SEC. 3. -Section 1161.2 of the Code of Civil Procedure is amended to read: -1161.2. -(a) (1) The clerk shall allow access to limited civil case records filed under this chapter, including the court file, index, and register of actions, only as follows: -(A) To a party to the action, including a party’s attorney. -(B) To a person who provides the clerk with the names of at least one plaintiff and one defendant and the address of the premises, including the apartment or unit number, if any. -(C) To a resident of the premises who provides the clerk with the name of one of the parties or the case number and shows proof of residency. -(D) To a person by order of the court, which may be granted ex parte, on a showing of good cause. -(E) To any person by order of the court if judgment is entered for the plaintiff after trial more than 60 days since the filing of the complaint. The court shall issue the order upon issuing judgment for the plaintiff. -(F) Except as provided in subparagraph (G), to any other person 60 days after the complaint has been filed if the plaintiff prevails in the action within 60 days of the filing of the complaint, in which case the clerk shall allow access to any court records in the action. If a default or default judgment is set aside more than 60 days after the complaint has been filed, this section shall apply as if the complaint had been filed on the date the default or default judgment is set aside. -(G) In the case of a complaint involving residential property based on Section 1161a as indicated in the caption of the complaint, as required in subdivision (c) of Section 1166, to any other person, if 60 days have elapsed since the complaint was filed with the court, and, as of that date, judgment against all defendants has been entered for the plaintiff, after a trial. -(2) This section shall not be construed to prohibit the court from issuing an order that bars access to the court record in an action filed under this chapter if the parties to the action so stipulate. -(b) (1) For purposes of this section, “good cause” includes, but is not limited to, both of the following: -(A) The gathering of newsworthy facts by a person described in Section 1070 of the Evidence Code. -(B) The gathering of evidence by a party to an unlawful detainer action solely for the purpose of making a request for judicial notice pursuant to subdivision (d) of Section 452 of the Evidence Code. -(2) It is the intent of the Legislature that a simple procedure be established to request the ex parte order described in subparagraph (D) of paragraph (1) of subdivision (a). -(c) Upon the filing of a case so restricted, the court clerk shall mail notice to each defendant named in the action. The notice shall be mailed to the address provided in the complaint. The notice shall contain a statement that an unlawful detainer complaint (eviction action) has been filed naming that party as a defendant, and that access to the court file will be delayed for 60 days except to a party, an attorney for one of the parties, or any other person who (1) provides to the clerk the names of at least one plaintiff and one defendant in the action and provides to the clerk the address, including any applicable apartment, unit, or space number, of the subject premises, or (2) provides to the clerk the name of one of the parties in the action or the case number and can establish through proper identification that he or she lives at the subject premises. The notice shall also contain a statement that access to the court index, register of actions, or other records is not permitted until 60 days after the complaint is filed, except pursuant to an order upon a showing of good cause for access. The notice shall contain on its face the following information: -(1) The name and telephone number of the county bar association. -(2) The name and telephone number of any entity that requests inclusion on the notice and demonstrates to the satisfaction of the court that it has been certified by the State Bar of California as a lawyer referral service and maintains a panel of attorneys qualified in the practice of landlord-tenant law pursuant to the minimum standards for a lawyer referral service established by the State Bar of California and Section 6155 of the Business and Professions Code. -(3) The following statement: - - -“The State Bar of California certifies lawyer referral services in California and publishes a list of certified lawyer referral services organized by county. To locate a lawyer referral service in your county, go to the State Bar’s Internet Web site at www.calbar.ca.gov or call 1-866-442-2529.” - - -(4) The name and telephone number of an office or offices funded by the federal Legal Services Corporation or qualified legal services projects that receive funds distributed pursuant to Section 6216 of the Business and Professions Code that provide legal services to low-income persons in the county in which the action is filed. The notice shall state that these telephone numbers may be called for legal advice regarding the case. The notice shall be issued between 24 and 48 hours of the filing of the complaint, excluding weekends and holidays. One copy of the notice shall be addressed to “all occupants” and mailed separately to the subject premises. The notice shall not constitute service of the summons and complaint. -(d) Notwithstanding any other law, the court shall charge an additional fee of fifteen dollars ($15) for filing a first appearance by the plaintiff. This fee shall be added to the uniform filing fee for actions filed under this chapter. -(e) This section does not apply to a case that seeks to terminate a mobilehome park tenancy if the statement of the character of the proceeding in the caption of the complaint clearly indicates that the complaint seeks termination of a mobilehome park tenancy. -(f) This section does not alter any provision of the Evidence Code. -SEC. 4. -Section 1167.1 is added to the Code of Civil Procedure, to read: -1167.1. -If proof of service of the summons has not been filed within 60 days of the complaint’s filing, the court may dismiss the action without prejudice.","Under existing law, a tenant of real property, for a term less than life, or the executor or administrator or his or her estate, is guilty of unlawful detainer when he or she continues in possession, in person or by subtenant, of the property or any part of the property, after the expiration of the term for which it is let to him or her, except as specified. Under existing law, access to limited civil case records filed in an unlawful detainer action is restricted to (1) parties to the action, (2) certain people who provide the court clerk with specified information about the parties to the action, (3) any person by order of the court on a showing of good cause, and (4) any other person 60 days after the complaint has been filed, unless the defendant prevails in the action within 60 days after the filing of the complaint, in which case access is limited to the other parties allowed access, as described above. -This bill would instead provide that access to limited civil case records filed in an unlawful detainer action is restricted, for purposes of (4), as described above, (1) to any person by order of the court if judgment is entered for the plaintiff after trial more than 60 days since the filing of the complaint, and (2) to any other person 60 days after the complaint has been filed if the plaintiff prevails in the action within 60 days of the filing of the complaint. The bill would provide that if a default or default judgment is set aside more than 60 days after the complaint was filed, the court file access restrictions, as described above, shall apply as if the complaint had been filed on the date the default or the default judgment is set aside. The bill would authorize the court to bar access to court records in the action if the parties so stipulate. -Existing law requires a complaint filed in an unlawful detainer proceeding to include certain information and requires a defendant to answer the complaint, as specified, within 5 days of being served with a summons and the complaint, unless the court orders otherwise for good cause shown. Existing law also requires proof of service of a summons to be filed in a civil action, including in an unlawful detainer proceeding. -This bill would permit a court to dismiss an unlawful detainer proceeding without prejudice if proof of service of the summons has not been filed within 60 days of the complaint’s filing.","An act to amend Section 1161.2 of, and to add Section 1167.1 to, the Code of Civil Procedure, relating to unlawful detainer proceedings." -1214,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 396 of the Penal Code is amended to read: -396. -(a) The Legislature hereby finds that during a state of emergency or local emergency, including, but not limited to, an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, or other natural or manmade disaster, some merchants have taken unfair advantage of consumers by greatly increasing prices for essential consumer goods and services. While the pricing of consumer goods and services is generally best left to the marketplace under ordinary conditions, when a declared state of emergency or local emergency results in abnormal disruptions of the market, the public interest requires that excessive and unjustified increases in the prices of essential consumer goods and services be prohibited. It is the intent of the Legislature in enacting this act to protect citizens from excessive and unjustified increases in the prices charged during or shortly after a declared state of emergency or local emergency for goods and services that are vital and necessary for the health, safety, and welfare of consumers. Further, it is the intent of the Legislature that this section be liberally construed so that its beneficial purposes may be served. -(b) Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make such a declaration in any county, city, or city and county, and for a period of 30 days following that proclamation or declaration, it is unlawful for a person, contractor, business, or other entity to sell or offer to sell any consumer food items or goods, goods or services used for emergency cleanup, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight, and storage services, or gasoline or other motor fuels for a price of more than 10 percent above the price charged by that person for those goods or services immediately prior to the proclamation or declaration of emergency. However, a greater price increase is not unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services, provided that in those situations where the increase in price is attributable to additional costs imposed by the seller’s supplier or additional costs of providing the good or service during the state of emergency or local emergency, the price represents no more than 10 percent above the total of the cost to the seller plus the markup customarily applied by the seller for that good or service in the usual course of business immediately prior to the onset of the state of emergency or local emergency. -(c) Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make such a declaration in any county, city, or city and county, and for a period of 180 days following that proclamation or declaration, it is unlawful for a contractor to sell or offer to sell any repair or reconstruction services or any services used in emergency cleanup for a price of more than 10 percent above the price charged by that person for those services immediately prior to the proclamation or declaration of emergency. However, a greater price increase is not unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services, provided that in those situations where the increase in price is attributable to the additional costs imposed by the contractor’s supplier or additional costs of providing the service during the state of emergency or local emergency, the price represents no more than 10 percent above the total of the cost to the contractor plus the markup customarily applied by the contractor for that good or service in the usual course of business immediately prior to the onset of the state of emergency or local emergency. -(d) Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make such a declaration in any county, city, or city and county, and for a period of 30 days following that proclamation or declaration, it is unlawful for an owner or operator of a hotel or motel to increase the hotel or motel’s regular rates, as advertised immediately prior to the proclamation or declaration of emergency, by more than 10 percent. However, a greater price increase is not unlawful if the owner or operator can prove that the increase in price is directly attributable to additional costs imposed on it for goods or labor used in its business, to seasonal adjustments in rates that are regularly scheduled, or to previously contracted rates. -(e) The provisions of this section may be extended for additional 30-day periods, as needed, by a local legislative body, local official, the Governor, or the California Legislature, if deemed necessary to protect the lives, property, or welfare of the citizens. -(f) A violation of this section is a misdemeanor punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment. -(g) A violation of this section shall constitute an unlawful business practice and an act of unfair competition within the meaning of Section 17200 of the Business and Professions Code. The remedies and penalties provided by this section are cumulative to each other, the remedies under Section 17200 of the Business and Professions Code, and the remedies or penalties available under all other laws of this state. -(h) For the purposes of this section, the following terms have the following meanings: -(1) “State of emergency” means a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor of California. -(2) “Local emergency” means a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, or other natural or manmade disaster for which a local emergency has been declared by an official, board, or other governing body vested with authority to make such a declaration in any county, city, or city and county in California. -(3) “Consumer food item” means any article that is used or intended for use for food, drink, confection, or condiment by a person or animal. -(4) “Repair or reconstruction services” means services performed by any person who is required to be licensed under the Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code), for repairs to residential or commercial property of any type that is damaged as a result of a disaster. -(5) “Emergency supplies” includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, soaps, diapers, temporary shelters, tape, toiletries, plywood, nails, and hammers. -(6) “Medical supplies” includes, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products. -(7) “Building materials” means lumber, construction tools, windows, and anything else used in the building or rebuilding of property. -(8) “Gasoline” means any fuel used to power any motor vehicle or power tool. -(9) “Transportation, freight, and storage services” means any service that is performed by any company that contracts to move, store, or transport personal or business property or that rents equipment for those purposes, including towing services. -(10) “Housing” means any rental housing with an initial lease term of no longer than one year. -(11) “Goods” has the same meaning as defined in subdivision (c) of Section 1689.5 of the Civil Code. -(i) Nothing in this section shall preempt any local ordinance prohibiting the same or similar conduct or imposing a more severe penalty for the same conduct prohibited by this section. -(j) A business offering an item for sale at a reduced price immediately prior to the proclamation or declaration of the emergency may use the price at which it usually sells the item to calculate the price pursuant to subdivision (b) or (c). -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Under existing law, upon the proclamation of a state of emergency resulting from an earthquake, flood, fire, riot, storm, or natural or manmade disaster declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, riot, storm, or natural or manmade disaster by the executive officer of any county, city, or city and county, and for a period of 30 days following that declaration, it is a misdemeanor with specified penalties for a person, contractor, business, or other entity to sell or offer to sell certain goods and services for a price that exceeds by 10% the price charged by that person immediately prior to the proclamation of emergency, except as specified. -This bill would revise the definitions of a state of emergency and a local emergency to mean a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor of California or for which a local emergency has been declared by an official, board, or other governing body vested with authority to make such a declaration in any city, county, or city and county in California, respectively. The bill would include towing services in the provisions described above. The bill would also specify that housing means any rental housing with an initial lease term of no longer than one year for purposes of these provisions. The bill would make other clarifying and conforming changes, including, among others, a specification that these provisions apply to both a state of emergency and a local emergency, and would make certain additional findings by the Legislature. By expanding the scope of an existing crime, this bill would create a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Section 396 of the Penal Code, relating to crimes." -1215,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature finds and declares all of the following: -(a) Homeless beneficiaries incur disproportionate Medi-Cal costs, particularly people experiencing chronic homelessness and people who cycle between homelessness, emergency departments, inpatient care, and nursing home stays. Supportive housing, which is affordable housing with intensive services, allows people experiencing significant barriers to housing stability to improve their health and decrease their Medicaid costs. National studies comparing formerly homeless Medicaid beneficiaries living in supportive housing with homeless beneficiaries receiving usual care demonstrate Medicaid cost savings of almost $9,000 per year after the costs of services. -(b) In most communities in California, a lack of housing affordable to people experiencing homelessness is one of the greatest barriers to exiting homelessness. Housing resources would equip Whole Person Care counties choosing to target homeless people with the resources to achieve the goals of the Whole Person Care Waiver provisions, during the course of the pilot and after the pilot ends. “Whole Person Care pilot” has the meaning as described in the Medi-Cal 2020 Waiver Special Terms and Conditions (STCs), Sections 110-126, as approved by the federal Centers for Medicare and Medicaid Services on December 30, 2015, or in any sub means the Department of Housing and Community Development. -(e) “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 1, 2017. -(f) “Interim housing” means a safe place for a participant to live temporarily while the participant is waiting to move into a permanent apartment affordable to the participant with rental assistance, and where the participant is not required to pay more than 30 percent of his or her income toward the cost of the interim housing. “Interim housing” may include recuperative or respite care and shall not be funded for longer than a period of nine months. -(g) “Long-term rental assistance” means a rental subsidy provided to a housing provider, including a landlord renting in the private market or a developer leasing affordable housing, to assist a tenant to pay the difference between 30 percent of the tenant’s income and fair market rent or reasonable market rent as determined by HCD. -(h) “Permanent housing” means a housing unit where the landlord does not limit length of stay in the housing unit, the landlord does not restrict the movements of the tenant, and the tenant has a lease and is subject to the rights and responsibilities of tenancy, pursuant to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. -(i) “Program” means the Housing for a Healthy California Program created by this part. -(j) “Supportive housing” has the same meaning as in Section 50675.14. -53591. -HCD shall do all of the following: -(a) On or before October 1, 2017, establish the Housing for a Healthy California Program. -(b) On or before October 1, 2017, draft guidelines for stakeholder comment to fund competitive grants to pay for interim and long-term rental assistance under the program. The guidelines shall detail competitive scoring criteria that includes, but is not limited to, scoring that awards points based upon all of the following: -(1) Need, which includes consideration of the number of individuals experiencing homelessness and the impact of housing costs in the applicant’s geographic area. -(2) Ability of the applicant to administer a program offering interim and long-term rental assistance to people experiencing homelessness. -(3) The applicant’s documented partnerships with affordable and supportive housing providers in the applicant’s geographic area. -(4) A comprehensive plan to connect interim housing, long-term rental assistance, and project-based supportive housing resources. -(5) Coordination with (A) community-based housing and homeless service providers, (B) behavioral health providers, and (C), safety net providers, including community health centers. -(c) On or before April 1, 2018, and every year thereafter, subject to appropriation by the Legislature, award grants on a competitive basis to eligible grant applicants. If appropriations are made available in future years, applicants shall compete for each round of five-year grants. -(d) Midyear and annually, collect data from the program grantees. -(e) No later than April 1, 2018, contract with an independent evaluator or work with an evaluator who is contracted with DHCS to analyze data collected pursuant to Section 53573 to determine changes in health care costs associated with services provided under the program. HCD shall provide, on a regular basis as needed, collected data to the evaluator. -(f) (1) On or before October 1, 2019, for grants awarded in 2018, and in subsequent years thereafter in which the program is allocated additional funds, report data collected to the Assembly Committee on Budget, the Senate Committee on Budget and Fiscal Review, the Assembly and Senate committees on health, the Assembly Committee on Housing and Community Development, and the Senate Committee on Transportation and Housing. -(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. -(g) HCD is encouraged to consult with DHCS where appropriate to carry out the intent of this section. -53592. -An applicant shall be eligible for a program grant if the applicant meets the requirements of this section. Eligibility does not create an entitlement to grant funds and is subject to availability of funds. The applicant shall meet all of the following requirements: -(a) Identify a source of funding for Housing Transition Services and Tenancy Sustaining Services, as defined in the Centers for Medicare and Medicaid Services’ Informational Bulletin regarding Housing-Related Activities and Services for People with Disabilities, issued June 26, 2015. Funding for these services may include, but are not limited to, one or more of the following: -(1) County general funds. -(2) Whole Person Care pilot program funds. -(3) The Health Home Program. -(4) Other county-controlled funding to provide these services to eligible participants. -(b) Agree to contribute funding for interim and long-term rental assistance through an identified source. -(c) Has designated a process for administering grant funds through agencies administering housing programs. -(d) Agree to collect and report data, as described in Section 53593, to HCD. -53593. -(a) HCD shall coordinate with DHCS to match program participant data, consistent with state and federal privacy law, to Medi-Cal data to identify outcomes among participants as well as changes in health care costs associated with housing and services provided under the program to the extent that information is available, up to 12 months prior to each participant’s move into permanent housing, as well as changes in costs after each participant’s move into permanent housing. -(b) An applicant awarded grant funds shall, at annual and midyear intervals, report all of the following data to HCD: -(1) Data specified by HCD necessary to measure the costs and outcomes of the program. -(2) The number of participants and the type of interventions offered through grant funds. -(3) The number of participants living in supportive housing or other permanent housing. -53594. -An applicant shall use grants awarded pursuant to this part for one or more of the following, which may be administered through a housing pool: -(a) Long-term rental assistance for periods of up to five years. -(b) A capitalized operating reserve for up to 15 years to pay for operating costs of an apartment or apartments within a development receiving public funding to provide supportive housing to people experiencing homelessness. -(c) Interim housing. -(d) A county’s administrative costs for up to 3 percent of the total grant awarded. -53595. -A county resident is eligible to receive assistance pursuant to a grant awarded under the program if he or she meets all of the following requirements: -(a) Is homeless upon initial eligibility. -(b) Is a Medi-Cal beneficiary. -(c) Is eligible for Supplemental Security Income. -(d) Is eligible to receive services under a program providing services promoting housing stability, including, but not limited to, the following: -(1) The Whole Person Care pilot program. -(2) Health Home Program. -(3) A locally controlled services program funding or providing services in supportive housing. -(e) Is likely to improve his or her health conditions with supportive housing. -53596. -The program shall be funded upon appropriation by the Legislature. The Legislature shall consider the impact that housing and supportive services have had in changing utilization and health care costs, as identified in the evaluation described in Section 53591, of moving eligible participants into supportive housing. -53597. -HCD shall reimburse DHCS for the costs of collaborating in matching and providing relevant data. HCD shall use no more than 5 percent of the funds appropriated for the program for purposes of administering the program. -53598. -(a) For purposes of implementing this part, HCD may enter into exclusive or nonexclusive contracts on a bid or negotiated basis. Contracts entered into or amended pursuant to this subdivision shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and shall be exempt from the review or approval of any division of the Department of General Services. -(b) Any guidelines that are adopted, amended, or repealed to implement this chapter shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. -53599. -Implementation of this part shall be contingent on an appropriation provided for this purpose in the annual Budget Act or other measure.","Existing law establishes various housing programs directed by the Department of Housing and Community Development (HCD), including special housing programs to provide housing assistance for persons with developmental and physical disabilities and persons with mental health disorders. Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services (DHCS), under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. -This bill would require HCD to, on or before October 1, 2017, establish the Housing for a Healthy California Program and on or before April 1, 2018, and every year thereafter, subject to appropriation by the Legislature, award grants on a competitive basis to eligible grant applicants based on guidelines that HCD would draft, as prescribed, and other requirements. The bill would provide that an applicant is eligible for a grant under the program if the applicant meets specified requirements, including that the applicant identify a source of funding, as specified, agree to contribute funding for interim and long-term rental assistance, and agree to collect and report data, as specified. -The bill would require an applicant awarded a grant to use the funds for specified purposes, including long-term rental assistance and interim housing. The bill would provide that a county resident is eligible to receive assistance pursuant to a grant awarded under the program if he or she meets specified requirements, including that the person is homeless, is a Medi-Cal beneficiary, is eligible for Supplemental Security Income, is eligible to receive certain services, and is likely to improve his or her health with supportive services. The bill would provide that the program shall be funded upon appropriation by the Legislature. The bill would also authorize HCD, for purposes of implementing these provisions, to enter into exclusive or nonexclusive contracts on a bid or negotiated basis, exempt from specified small business procurement, personal service, and public contracting provisions, and exempt from the review or approval of any division of the Department of General Services. The bill would exempt the program guidelines created by the department from requirements prescribed for administrative regulations. The bill would require HCD to analyze data collected pursuant to the program, as specified, and by October 1, 2019, and subsequently as the program may be funded, to report program data to certain legislative committees, as specified. The bill would condition implementation of these provisions upon an appropriation provided for this purpose.","An act to add Part 14.2 (commencing with Section 53590) to Division 31 of the Health and Safety Code, relating to housing." -1216,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 15151.5 is added to the Elections Code, to read: -15151.5. -(a) A county with the technical capacity to do so shall post the following information on its Internet Web site: -(1) A statement of the results showing all of the following: -(A) The total number of ballots cast. -(B) The number of votes cast at each precinct for each candidate and for and against each measure. -(C) The total number of votes cast for each candidate and for and against each measure. -(D) The number of votes cast in each city, Assembly district, congressional district, senatorial district, State Board of Equalization district, and supervisorial district located in whole or in part in the county, for each candidate for the offices of presidential elector and all statewide offices, depending on the offices to be filled, and on each statewide ballot proposition. -(2) Precinct data for vote by mail ballots, provisional ballots, spoiled ballots, and any other data readily available on the computer system. -(b) (1) Except as provided in paragraph (2), a county shall provide the information required by subdivision (a) in both downloadable spreadsheet and Election Markup Language (EML) formats. The spreadsheet may include a comma-separated values file or a tab-separated values file that is compatible with a spreadsheet software application widely used at the time of the posting. -(2) A county that does not have the technical capacity to provide the information in both formats described in paragraph (1) shall provide the information in whichever format it is able. -(c) -(1) -Following commencement of the semifinal official canvass, a county elections official shall post the information described in subdivision (a) at the end of election night, daily through the first Friday after election day, and, thereafter, weekly on Fridays until the results are certified pursuant to Section 15372. -(2) Notwithstanding paragraph (1), if at any time the required information has not changed since the time it was last posted, the county elections official may post a statement to that effect in lieu of reposting the information described in subdivision (a). -(d) A county that could comply with this section if its voting system were modified shall comply with Section 19216.5 -SEC. 2. -Section 15372 of the Elections Code is amended to read: -15372. -(a) The elections official shall prepare a certified statement of the results of the election and submit it to the governing body within 30 days of the election or, in the case of school district, community college district, county board of education, or special district elections conducted on the first Tuesday after the first Monday in November of odd-numbered years, no later than the last Monday before the last Friday of that month. -(b) The elections official shall post the certified statement of the results of the election on his or her Internet Web site in a downloadable spreadsheet format that may include, but is not limited to, a comma-separated values file or a tab-separated values file and that is compatible with a spreadsheet software application that is widely used at the time of the posting. The certified statement of the election results shall be posted and maintained on the elections official’s Internet Web site for a period of at least 22 months following the election. This subdivision shall apply only to an elections official who uses a computer system that has the capability of producing the election results in a downloadable spreadsheet format without requiring modification of the computer system. -SEC. 3. -Section 19204.7 is added to the Elections Code, to read: -19204.7. -After December 31, 2017, the Secretary of State shall not certify or conditionally approve any voting system that is not capable of all of the following: -(1) Generating the information described in paragraph (1) of subdivision (a) of Section 15151.5 in both downloadable spreadsheet and Election Markup Language (EML) formats. The spreadsheet may include a comma-separated values file or a tab-separated values file that is compatible with a spreadsheet software application widely used at the time of the posting. -(2) Enabling data to be transferred from the system to an external digital medium so that the data can safely be transferred to a computer connected to the Internet. -SEC. 3. -SEC. 4. -Section 19216.5 is added to the Elections Code, to read: -19216.5. -A county elections official of a county that could comply with Section 15151.5 if its voting system were modified -shall -shall, by December 31, 2017, -propose a modification to the Secretary of State for approval pursuant to Section 19216. -SEC. 4. -SEC. 5. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","Existing law requires an elections official to transmit the semifinal official results to the Secretary of State following commencement of the semifinal official canvass. After the official canvass, existing law requires an elections official to prepare a certified statement of the results of the election and submit it to the governing body. The elections official must also post the certified statement of the results on his or her Internet Web site in a downloadable spreadsheet format that may include a comma-separated values file or a tab-separated values file and that is compatible with a spreadsheet software application that is widely used at the time of the posting. Existing law requires the certified statement of the election results to be posted and maintained on the elections official’s Internet Web site for a period of at least 10 years following the election. -This bill would require a county with the technical capacity to do so to post the information contained in the statement of the results, as well as other available election data, on its Internet Web site beginning on election night and continuing as specified until the election results are certified. This bill would require the county to post this information in downloadable spreadsheet and Election Markup Language (EML) formats, as specified. This bill would also decrease to 22 months the amount of time the certified statement of election results must be posted and maintained on the elections official’s Internet Web site. -This bill would also require a county elections official to propose a modification of its voting system to the Secretary of State -by December 31, 2017, -for approval if modification of that system would enable the county to post required information on its Internet Web site immediately following the election, as specified. -Existing law requires the Secretary of State to certify or conditionally approve a voting system prior to any election at which it is to be used, as specified. Existing law specifically prohibits the Secretary of State from certifying or conditionally approving a voting system that lacks certain features. -This bill would in addition prohibit the Secretary of State from certifying or conditionally approving a voting system after December 31, 2017, that is not capable of generating information contained in the statement of the result in both downloadable spreadsheet and Election Markup Language (EML) formats and enabling data to be transferred from this system to an external digital medium, as specified. -By imposing additional obligations on county elections officials, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 15372 of, and to add Sections -15151.5 and -15151.5, 19204.7, and -19216.5 to, the Elections Code, relating to elections." -1217,"The people of the State of California do enact as follows: - - -SECTION 1. -It is the intent of the Legislature in enacting this section to increase the transparency of fees paid by public investment funds to alternative investment vehicles. Public investment funds pay significant fees to alternative investment vehicles and do not have sufficient information regarding the character and amount of those fees. As fiduciaries, public investment fund trustees have a duty to maximize investment returns in order to ensure promised benefits are adequately funded and to minimize taxpayer costs. Because fees paid to alternative investment vehicles reduce returns, public investment fund trustees need to be able to see and understand all of the fees they are charged. -SEC. 2. -Section 7514.7 is added to the Government Code, to read: -7514.7. -(a) Every public investment fund shall require each alternative investment vehicle in which it invests to make the following disclosures at least annually: -(1) The fees and expenses that the public investment fund pays directly to the alternative investment vehicle, the fund manager, or related parties. -(2) The public investment fund’s pro rata share of fees and expenses not included in paragraph (1) that are paid from the alternative investment vehicle to the fund manager or related parties. The public investment fund may independently calculate this information based on information contractually required to be provided by the alternative investment vehicle to the public investment fund. If the public investment fund independently calculates this information, then the alternative investment vehicle shall not be required to provide the information identified in this paragraph. -(3) The public investment fund’s pro rata share of carried interest distributed to the fund manager or related parties. -(4) The public investment fund’s pro rata share of aggregate fees and expenses paid by all of the portfolio companies held within the alternative investment vehicle to the fund manager or related parties. -(5) Any additional information described in subdivision (b) of Section 6254.26. -(b) Every public investment fund shall disclose the information provided pursuant to subdivision (a) at least once annually in a report presented at a meeting open to the public. The public investment fund’s report required pursuant to this subdivision shall also include the gross and net rate of return of each alternative investment vehicle, since inception, in which the public investment fund participates. The public investment fund may report the gross and net rate of return and information required by subdivision (a) based on its own calculations or based on calculations provided by the alternative investment vehicle. -(c) For purposes of this section: -(1) “Alternative investment” means an investment in a private equity fund, venture fund, hedge fund, or absolute return fund. -(2) “Alternative investment vehicle” means the limited partnership, limited liability company, or similar legal structure through which a public investment fund invests in an alternative investment. -(3) “Fund manager” means the general partner, managing manager, adviser, or other person or entity with primary investment decisionmaking authority over an alternative investment vehicle and related parties of the fund manager. -(4) “Carried interest” means any share of profits from an alternative investment vehicle that is distributed to a fund manager, general partner, or related parties, including allocations of alternative investment vehicle profits received by a fund manager in consideration of having waived fees that it might otherwise have been entitled to receive. -(5) “Portfolio companies” means individual portfolio investments made by the alternative investment vehicle. -(6) “Gross rate of return” means the internal rate of return for the alternative investment vehicle prior to the reduction of fees and expenses described in subdivision (a). -(7) “Public investment fund” means any fund of any public pension or retirement system, including that of the University of California. -(8) “Operational person” means any operational partner, senior advisor, or other consultant or employee whose primary activity for a relevant entity is to provide operational or back office support to any portfolio company of any alternative investment vehicle, account, or fund managed by a related person. -(9) “Related person” means any current or former employee, manager, or partner of any related entity that is involved in the investment activities or accounting and valuation functions of the relevant entity or any of their respective family members. -(10) “Related party” means: -(A) Any related person. -(B) Any operational person. -(C) Any entity more than 10 percent of the ownership of which is held directly or indirectly, whether through other entities or trusts, by a related person or operational person regardless if the related person or operational person participates in the carried interest received by the general partner or the special limited partner. -(D) Any consulting, legal, or other service provider regularly engaged by portfolio companies of an alternative investment vehicle, account, or fund managed by a related person and that also provides advice or services to any related person or relevant entity. -(11) “Relevant entity” means the general partner, any separate carry vehicle, the investor advisor, any of the investment advisor’s parent or subsidiary entities, or any similar entity related to any other alternative investment vehicle, account, or fund advised or managed by any current or former related person. -(d) (1) This section shall apply to all new contracts the public investment fund enters into on or after January 1, 2017, and to all existing contracts pursuant to which the public investment fund makes a new capital commitment on or after January 1, 2017. -(2) With respect to existing contracts not covered by paragraph (1), the public investment fund shall undertake reasonable efforts to obtain the information described in subdivision (a) and comply with the reporting requirements contained in subdivision (b) with respect to any information obtained after January 1, 2017. -SEC. 3. -The Legislature finds and declares that Section 2 of this act, which adds Section 7514.7 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: -The information in the disclosures required under subdivisions (a) and (b) of Section 7514.7 of the Government Code is necessary to ensure public confidence in the integrity of investments made by retirement boards pursuant to alternative investment vehicles. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","The California Constitution commits to the retirement board of a public pension or retirement system plenary authority and fiduciary responsibility for investment of moneys and administration of the system. Existing law requires a retirement board to develop and implement a policy requiring disclosure of payments to placement agents, as defined, in connection with system investments in or through external managers that includes prescribed elements. Existing law requires disclosure of campaign contributions or gifts made by a placement agent to any member of a public pension retirement board, as specified. Existing law requires a public retirement system to obtain an actuarial valuation of the system not less than triennially and submit audited financial statements to the State Controller who then publishes a report on the financial condition of public retirement systems. -This bill, for new contracts entered into on and after January 1, 2017, and for existing contracts for which a new capital commitment is made on or after January 1, 2017, would require a public investment fund, as defined, to require alternative investment vehicles, as defined, to make specified disclosures regarding fees, expenses, and carried interest in connection with these vehicles and the underlying investments, as well as other specified information. Consistent with requirements relating to public records, the bill would require a public investment fund to disclose the information received in connection with alternative investment vehicles and the gross and net rate of return of each alternative investment vehicle, as specified, at least once annually at a meeting open to the public. The bill would require a public investment fund to undertake reasonable efforts to obtain the above-mentioned information for any existing contract for which the public investment fund has not made a new capital commitment on or after January 1, 2017. The bill would make a statement of legislative intent. Because this bill would impose new requirements on local entities relating to the collection of information and its presentation at an open meeting, it would impose a state-mandated local program. -The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. -This bill would make legislative findings to that effect. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 7514.7 to the Government Code, relating to retirement." -1218,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 51225.3 of the Education Code, as amended by Section 1 of Chapter 888 of the Statutes of 2014, is amended to read: -51225.3. -(a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school: -(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified: -(A) Three courses in English. -(B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35. -(C) Two courses in science, including biological and physical sciences. -(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics. -(E) One course in visual or performing arts, foreign language, or, commencing with the 2012–13 school year, career technical education. -(i) For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language. -(ii) For purposes of this subparagraph, “a course in career technical education” means a course in a district-operated career technical education program that is aligned to the career technical model curriculum standards and framework adopted by the state board, including courses through a regional occupational center or program operated by a county superintendent of schools or pursuant to a joint powers agreement. -(iii) This subparagraph does not require a school or school district that currently does not offer career technical education courses to start new career technical education programs for purposes of this section. -(iv) If a school district or county office of education elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the governing board of the school district or county office of education, before offering that alternative to pupils, shall notify parents, teachers, pupils, and the public at a regularly scheduled meeting of the governing board of all of the following: -(I) The intent to offer career technical education courses to fulfill the graduation requirement specified in this subparagraph. -(II) The impact that offering career technical education courses, pursuant to this subparagraph, will have on the availability of courses that meet the eligibility requirements for admission to the California State University and the University of California, and whether the career technical education courses to be offered pursuant to this subparagraph are approved to satisfy those eligibility requirements. If a school district elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the school district shall comply with subdivision (m) of Section 48980. -(III) The distinction, if any, between the high school graduation requirements of the school district or county office of education, and the eligibility requirements for admission to the California State University and the University of California. -(F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code. -(2) Other coursework requirements adopted by the governing board of the school district. -(b) -(1) -The governing -board, -board of a school district, -with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public. -(2) The alternative means may also include, but are not required to include, online advanced placement courses that are approved by the College Board. A school district may contract with a provider of the approved online advanced placement courses to provide the courses free of charge to its pupils. -(c) On or before July 1, 2017, the department shall submit a comprehensive report to the appropriate policy committees of the Legislature on the addition of career technical education courses to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a), including, but not limited to, the following information: -(1) A comparison of the pupil enrollment in career technical education courses, foreign language courses, and visual and performing arts courses for the 2005–06 to 2011–12 school years, inclusive, to the pupil enrollment in career technical education courses, foreign language courses, and visual and performing arts courses for the 2012–13 to 2016–17 school years, inclusive. -(2) The reasons, reported by school districts, that pupils give for choosing to enroll in a career technical education course to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a). -(3) The type and number of career technical education courses that were conducted for the 2005–06 to 2011–12 school years, inclusive, compared to the type and number of career technical education courses that were conducted for the 2012–13 to 2016–17 school years, inclusive. -(4) The number of career technical education courses that satisfied the subject matter requirements for admission to the University of California or the California State University. -(5) The extent to which the career technical education courses chosen by pupils are aligned with the California Career Technical Education Standards, and prepare pupils for employment, advanced training, and postsecondary education. -(6) The number of career technical education courses that also satisfy the visual and performing arts requirement, and the number of career technical education courses that also satisfy the foreign language requirement. -(7) Annual pupil dropout and graduation rates for the 2011–12 to 2014–15 school years, inclusive. -(d) For purposes of completing the report described in subdivision (c), the Superintendent may use existing state resources and federal funds. If state or federal funds are not available or sufficient, the Superintendent may apply for and accept grants, and receive donations and other financial support from public or private sources for purposes of this section. -(e) For purposes of completing the report described in subdivision (c), the Superintendent may accept support, including, but not limited to, financial and technical support, from high school reform advocates, teachers, chamber organizations, industry representatives, research centers, parents, and pupils. -(f) This section shall become inoperative on the earlier of the following two dates: -(1) On July 1, immediately following the first fiscal year after the enactment of the act that adds this paragraph in which the number of career technical education courses that, as determined by the department, satisfy the foreign language requirement for admission to the California State University and the University of California is at least twice the number of career technical education courses that meet these admission requirements as of January 1, 2012. This section shall be repealed on the following January 1, unless a later enacted statute, that becomes operative on or before that date, deletes or extends the dates on which it becomes inoperative and is repealed. It is the intent of the Legislature that new career technical education courses that satisfy the foreign language requirement for admission to the California State University and the University of California focus on world languages aligned with career preparation, emphasizing real-world application and technical content in related career and technical education courses. -(2) On July 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. -SEC. 2. -Section 51225.3 of the Education Code, as amended by Section 2 of Chapter 888 of the Statutes of 2014, is amended to read: -51225.3. -(a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school: -(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified: -(A) Three courses in English. -(B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35. -(C) Two courses in science, including biological and physical sciences. -(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics. -(E) One course in visual or performing arts or foreign language. For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language. -(F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code. -(2) Other coursework requirements adopted by the governing board of the school district. -(b) -(1) -The governing -board, -board of a school district, -with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public. -(2) The alternative means may also include, but are not required to include, online advanced placement courses that are approved by the College Board. A school district may contract with a provider of the approved online advanced placement courses to provide the courses free of charge to its pupils. -(c) If a pupil completed a career technical education course that met the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, as amended by the act adding this section, before the inoperative date of that section, that course shall be deemed to fulfill the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of this section. -(d) This section shall become operative upon the date that Section 51225.3, as amended by the act adding this section, becomes inoperative. -SECTION 1. -It is the intent of the Legislature to enact legislation relating to public elementary and secondary education in this state.","Existing law sets forth the courses a pupil is required to complete while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. The governing board of a school district is required to adopt alternative means for pupils to complete the prescribed course of study for high school graduation. Those alternative means may include, among other things, career technical education classes offered in high schools and courses offered by regional occupational centers or programs. -This bill would authorize those alternative means to include online advanced placement courses that are approved by the College Board. The bill would also authorize a school district to contract with a provider of the approved online advanced placement courses to provide the courses free of charge to its pupils. -Existing law establishes a system of public elementary and secondary education in this state. Under this system, local educational agencies are authorized to operate public schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. -This bill would express the intent of the Legislature to enact legislation relating to public elementary and secondary education in this state.","An act -relating to public elementary and secondary education. -to amend Section 51225.3 of the Education Code, relating to pupil instruction." -1219,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1205 of the Penal Code is amended to read: -1205. -(a) A judgment that the defendant pay a fine, with or without other punishment, may also direct that he or she be imprisoned until the fine is satisfied and may further direct that the imprisonment begin at and continue after the expiration of any imprisonment imposed as a part of the punishment or of any other imprisonment to which the defendant may have been sentenced. The judgment shall specify the term of imprisonment for nonpayment of the fine, which shall not be more than one day for each one hundred twenty-five dollars ($125) of the base fine, nor exceed the term for which the defendant may be sentenced to imprisonment for the offense of which he or she has been convicted. A defendant held in custody for nonpayment of a fine shall be entitled to credit on the fine for each day he or she is held in custody, at the rate specified in the judgment. When the defendant has been convicted of a misdemeanor, a judgment that the defendant pay a fine may also direct that he or she pay the fine within a limited time or in installments on specified dates, and that in default of payment as stipulated he or she be imprisoned in the discretion of the court either until the defaulted installment is satisfied or until the fine is satisfied in full; but unless the direction is given in the judgment, the fine shall be payable. If an amount of the base fine is not satisfied by jail credits, or by community service, the penalties and assessments imposed on the base fine shall be reduced by the percentage of the base fine that was satisfied. -(b) Except as otherwise provided in case of fines imposed, as a condition of probation, the defendant shall pay the fine to the clerk of the court, or to the judge if there is no clerk, unless the defendant is taken into custody for nonpayment of the fine, in which event payments made while he or she is in custody shall be made to the officer who holds the defendant in custody, and all amounts paid shall be paid over by the officer to the court that rendered the judgment. The clerk shall report to the court every default in payment of a fine or any part of that fine, or if there is no clerk, the court shall take notice of the default. If time has been given for payment of a fine or it has been made payable in installments, the court shall, upon any default in payment, immediately order the arrest of the defendant and order him or her to show cause why he or she should not be imprisoned until the fine or installment is satisfied in full. If the fine or installment is payable forthwith and it is not paid, the court shall, without further proceedings, immediately commit the defendant to the custody of the proper officer to be held in custody until the fine or installment is satisfied in full. -(c) This section applies to any violation of any of the codes or statutes of this state punishable by a fine or by a fine and imprisonment. -(d) Nothing in this section shall be construed to prohibit the clerk of the court, or the judge if there is no clerk, from turning these accounts over to another county department or a collecting agency for processing and collection. -(e) The defendant shall pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account. The defendant shall pay to the clerk of the court or the collecting agency the fee established for the processing of the accounts receivable that are not to be paid in installments. The fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account, except that the fee shall not exceed thirty dollars ($30). -(f) This section shall not apply to restitution fines and restitution orders. -SEC. 2. -Section 2900.5 of the Penal Code is amended to read: -2900.5. -(a) In all felony and misdemeanor convictions, either by plea or by verdict, when the defendant has been in custody, including, but not limited to, any time spent in a jail, camp, work furlough facility, halfway house, rehabilitation facility, hospital, prison, juvenile detention facility, or similar residential institution, all days of custody of the defendant, including days served as a condition of probation in compliance with a court order, credited to the period of confinement pursuant to Section 4019, and days served in home detention pursuant to Section 1203.016 or 1203.018, shall be credited upon his or her term of imprisonment, or credited to any base fine that may be imposed, at the rate of not less than one hundred twenty-five dollars ($125) per day, or more, in the discretion of the court imposing the sentence. If the total number of days in custody exceeds the number of days of the term of imprisonment to be imposed, the entire term of imprisonment shall be deemed to have been served. In any case where the court has imposed both a prison or jail term of imprisonment and a fine, any days to be credited to the defendant shall first be applied to the term of imprisonment imposed, and thereafter the remaining days, if any, shall be applied to the base fine. If an amount of the base fine is not satisfied by jail credits, or by community service, the penalties and assessments imposed on the base fine shall be reduced by the percentage of the base fine that was satisfied. -(b) For the purposes of this section, credit shall be given only where the custody to be credited is attributable to proceedings related to the same conduct for which the defendant has been convicted. Credit shall be given only once for a single period of custody attributable to multiple offenses for which a consecutive sentence is imposed. -(c) For the purposes of this section, “term of imprisonment” includes any period of imprisonment imposed as a condition of probation or otherwise ordered by a court in imposing or suspending the imposition of any sentence, and also includes any term of imprisonment, including any period of imprisonment prior to release on parole and any period of imprisonment and parole, prior to discharge, whether established or fixed by statute, by any court, or by any duly authorized administrative agency. -(d) It is the duty of the court imposing the sentence to determine the date or dates of any admission to, and release from, custody prior to sentencing and the total number of days to be credited pursuant to this section. The total number of days to be credited shall be contained in the abstract of judgment provided for in Section 1213. -(e) It is the duty of any agency to which a person is committed to apply the credit provided for in this section for the period between the date of sentencing and the date the person is delivered to the agency. -(f) If a defendant serves time in a camp, work furlough facility, halfway house, rehabilitation facility, hospital, juvenile detention facility, similar residential facility, or home detention program pursuant to Section 1203.016, 1203.017, or 1203.018, in lieu of imprisonment in a county jail, the time spent in these facilities or programs shall qualify as mandatory time in jail. -(g) Notwithstanding any other provision of this code as it pertains to the sentencing of convicted offenders, this section does not authorize the sentencing of convicted offenders to any of the facilities or programs mentioned herein.","Existing law permits a judgment against a criminal defendant that orders the defendant to pay a fine, other than a restitution fine or order, to also direct that he or she be imprisoned until the fine is satisfied. Existing law requires the judgment to specify the term of imprisonment for nonpayment of the fine, and prohibits that term from exceeding one day for each $125 of the fine, or exceeding the term for which the defendant may be sentenced for the offense of which he or she has been convicted. -This bill would prohibit the term of imprisonment for nonpayment of a fine from exceeding one day for each $125 of the base fine or the term for which the defendant may be sentenced. The bill would require the penalties and assessments imposed on the base fine, if an amount of the base fine is not satisfied by jail credits or community service, to be reduced by the percentage of the base fine that was satisfied. -Existing law also requires that in all felony and misdemeanor convictions, when the defendant has been in custody, that all days of custody of the defendant, as specified, are to be credited upon his or her term of imprisonment, or credited to any fine, on a proportional basis, that may be imposed, at the rate of not less than $125 per day, in the discretion of the court imposing the sentence. -This bill would specify that the rate of credit under those provisions be credited to the term of imprisonment of the defendant or credited to the base fine that may be imposed. The bill would require the penalties and assessments imposed on the base fine, if an amount of the base fine is not satisfied by jail credits or community service, to be reduced by the percentage of the base fine that was satisfied.","An act to amend Sections 1205 and 2900.5 of the Penal Code, relating to criminal penalties." -1220,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6253.2 of the Government Code, as amended by Section 1 of Chapter 37 of the Statutes of 2013, is amended to read: -6253.2. -(a) Notwithstanding any other provision of this chapter to the contrary, information regarding persons paid by the state to provide in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, or services provided pursuant to Section 14132.95, 14132.952, or 14132.956 of the Welfare and Institutions Code, is not subject to public disclosure pursuant to this chapter, except as provided in subdivision (b). -(b) Copies of names, addresses, home telephone numbers, and personal cellular telephone numbers of persons described in subdivision (a) shall be made available, upon request, to an exclusive bargaining agent and to any labor organization seeking representation rights pursuant to Section 12301.6 or 12302.25 of the Welfare and Institutions Code or the In-Home Supportive Services Employer-Employee Relations Act (Title 23 (commencing with Section 110000)). This information shall not be used by the receiving entity for any purpose other than the employee organizing, representation, and assistance activities of the labor organization. -(c) This section applies solely to individuals who provide services under the In-Home Supportive Services Program (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code), the Personal Care Services Program pursuant to Section 14132.95 of the Welfare and Institutions Code, the In-Home Supportive Services Plus Option pursuant to Section 14132.952 of the Welfare and Institutions Code, or the Community First Choice Option pursuant to Section 14132.956 of the Welfare and Institutions Code. -(d) Nothing in this section is intended to alter or shall be interpreted to alter the rights of parties under the In-Home Supportive Services Employer-Employee Relations Act (Title 23 (commencing with Section 110000)) or any other labor relations law. -(e) This section shall be inoperative if the Coordinated Care Initiative becomes inoperative pursuant to Section 34 of the act that added this subdivision. -SEC. 2. -Section 6253.2 of the Government Code, as amended by Section 2 of Chapter 37 of the Statutes of 2013, is amended to read: -6253.2. -(a) Notwithstanding any other provision of this chapter to the contrary, information regarding persons paid by the state to provide in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code or personal care services pursuant to Section 14132.95 of the Welfare and Institutions Code, is not subject to public disclosure pursuant to this chapter, except as provided in subdivision (b). -(b) Copies of names, addresses, home telephone numbers, and personal cellular telephone numbers of persons described in subdivision (a) shall be made available, upon request, to an exclusive bargaining agent and to any labor organization seeking representation rights pursuant to subdivision (c) of Section 12301.6 or Section 12302.25 of the Welfare and Institutions Code or Chapter 10 (commencing with Section 3500) of Division 4 of Title 1. This information shall not be used by the receiving entity for any purpose other than the employee organizing, representation, and assistance activities of the labor organization. -(c) This section applies solely to individuals who provide services under the In-Home Supportive Services Program (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code) or the Personal Care Services Program pursuant to Section 14132.95 of the Welfare and Institutions Code. -(d) Nothing in this section is intended to alter or shall be interpreted to alter the rights of parties under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4) or any other labor relations law. -(e) This section shall be operative only if Section 1 of the act that added this subdivision becomes inoperative pursuant to subdivision (e) of that section. -SEC. 3. -Section 6254.3 of the Government Code is amended to read: -6254.3. -(a) The home addresses, home telephone numbers, personal cellular telephone numbers, and birth dates of all employees of a public agency shall not be deemed to be public records and shall not be open to public inspection, except that disclosure of that information may be made as follows: -(1) To an agent, or a family member of the individual to whom the information pertains. -(2) To an officer or employee of another public agency when necessary for the performance of its official duties. -(3) To an employee organization pursuant to regulations and decisions of the Public Employment Relations Board, except that the home addresses and any phone numbers on file with the employer of employees performing law enforcement-related functions, and the birth date of any employee, shall not be disclosed. -(4) To an agent or employee of a health benefit plan providing health services or administering claims for health services to public agencies and their enrolled dependents, for the purpose of providing the health services or administering claims for employees and their enrolled dependents. -(b) Upon written request of any employee, a public agency shall not disclose the employee’s home address, home telephone number, personal cellular telephone number, or birth date pursuant to paragraph (3) of subdivision (a) and an agency shall remove the employee’s home address, home telephone number, and personal cellular telephone number from any mailing list maintained by the agency, except if the list is used exclusively by the agency to contact the employee. -SEC. 4. -The Legislature finds and declares that Sections 1, 2, and 3 of this act, which amend Sections 6253.2 and 6254.3 of the Government Code, impose a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -In order to protect the privacy and well-being of state and local employees, it is necessary to limit access to their personal and emergency contact information. -SEC. 5. -The Legislature finds and declares that Sections 1, 2, and 3 of this act, which amend Sections 6253.2 and 6254.3 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: -In protecting the privacy and well-being of state and local employees, by appropriately limiting general access to their personal and emergency contact information, this bill furthers the purpose of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. -SEC. 6. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.","Existing law, California Public Records Act, requires that public records are open to inspection, subject to various exceptions. The act excepts from public inspection the home addresses and home telephone numbers of state employees and employees of a school district or county office of education, provided that disclosure can be made in specified instances, including to an employee organization. -This bill would, with certain exceptions, extend the limitation on the disclosure of the personal information described above to all employees of a public agency and would extend the limitation to include personal cellular telephone numbers and birth dates. By increasing the duties of local officials, this bill would impose a state-mandated local program. -Existing law additionally excepts from public inspection specified information regarding persons paid by the state to provide in-home supportive services. Existing law requires copies of names, addresses, and telephone numbers of those persons to be made available, upon request, to an exclusive bargaining agent and to any labor organization seeking representation rights, as specified. -This bill would additionally require personal cellular telephone numbers of those persons to be made available to an exclusive bargaining agent and to any labor organization seeking representation rights. -Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect. -The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. -This bill would make legislative findings to that effect. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 6253.2 and 6254.3 of the Government Code, relating to public records." -1221,"The people of the State of California do enact as follows: - - -SECTION 1. -The Legislature hereby finds and declares all of the following: -(a) California is a leader in protecting civil rights and preventing discrimination. -(b) California’s robust nondiscrimination laws include protections on the basis of religion, race, national origin, sex, sexual orientation, gender identity, gender expression, and disability, among other characteristics. -(c) California’s strong public policy against unlawful discrimination is reflected in numerous statutes. The California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code) and the Unruh Civil Rights Act (Section 51 of the Civil Code) prohibit unlawful discrimination in employment, housing, public accommodation, and services provided by business establishments on the basis of certain personal characteristics, such as sex, race, color, religion, ancestry, national origin, age, disability, medical condition, genetic information, marital status, or sexual orientation. Section 11135 of the Government Code specifically prohibits unlawful discrimination on the basis of many of these same characteristics in the conduct, operation, or administration of any program or activity that is by the state or by any state agency, funded directly by the state, or receives any financial assistance from the state. -(d) California’s Public Contract Code similarly affirms these nondiscrimination policies and prohibits a state agency from entering into certain contracts with any contractor unless the contractor complies with all appropriate state laws concerning wages, workplace safety, rights to association and assembly, and nondiscrimination standards as well as appropriate federal laws. -(e) Both freedom of speech and religion are cornerstones of law and public policy in the United States, and the Legislature strongly supports and affirms these important freedoms. -(f) The exercise of one’s First Amendment rights is not a justification for engaging in acts of unlawful discrimination. -(g) California must take action to avoid supporting or financing unlawful discrimination against protected classes. -(h) It is the policy of the State of California to promote fairness and equality and to combat unlawful discrimination and if California hopes to remain a national leader on behalf of these communities, action must be taken to recognize that discriminatory laws and policies are unacceptable for California’s partners in business. -(i) California has significant influence in the marketplace. The state at times operates not as a market regulator, but as a market participant, and in this latter role it may determine that companies engaging in discriminatory actions in the conduct and operation of their business adversely affects the state’s procurement activities and places the state in a position of supporting activities that could be seen as a violation of the nondiscrimination policies of the State of California. -(j) It is the intent of the Legislature to ensure that taxpayer funds are not used to do business with or otherwise support any state or private entity that engages in discriminatory actions against individuals under the pretext of exercising First Amendment rights. This includes, but is not limited to, discriminatory actions taken against individuals of the Jewish faith under the pretext of a constitutionally protected boycott or protest of the State of Israel. -(k) It is the intent of the Legislature to ensure that taxpayer funds are not used to do business with or support discriminatory actions against any individuals. -SEC. 2. -Section 2010 is added to the Public Contract Code, to read: -2010. -A person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of one hundred thousand dollars ($100,000) or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, all of the following: -(a) That they are in compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code). -(b) That they are in compliance with the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code). -(c) (1) That any policy that they have against any sovereign nation or peoples recognized by the government of the United States, including, but not limited to, the nation and people of Israel, is not used to discriminate in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code). -(2) Any policy adopted by a person or actions taken thereunder that are reasonably necessary to comply with federal or state sanctions or laws affecting sovereign nations or their nationals shall not be construed as unlawful discrimination in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code. -SEC. 3. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law governs the procurement process for contracts of specified public entities. Existing law, the Unruh Civil Rights Act, states that all persons within this state are free and equal and, no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. -This bill would, with certain exceptions, require a person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of $100,000 or more to certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed that they are in compliance with the Unruh Civil Rights Act and the California Fair Employment and Housing Act, and that any policy that they have adopted against any sovereign nation or peoples recognized by the government of the United States, including, but not limited to, the nation and people of Israel, is not used to discriminate in violation of the Unruh Civil Rights Act or the California Fair Employment and Housing Act. By requiring a person to certify under penalty of perjury, this bill would expand the definition of a crime, thereby imposing a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 2010 to the Public Contract Code, relating to public contracts." -1222,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) All pupils deserve and need safe and supportive school environments in which to learn. -(2) Pupils who are Muslim, Sikh, or of South Asian descent often face verbal, physical, or online harassment, all of which have significant effects on their academic achievement and mental health. -(3) Recent reports indicate that more than half of Muslim and Sikh pupils in California report that they have faced verbal threats or insults, cyberbullying, or physical assaults. -(4) The federal government has recognized the harm that is caused by such bullying, and has called upon Muslim parents to contact the United States Department of Justice or the United States Department of Education if their children are bullied at school. The White House has initiated the Asian American and Pacific Islander Bullying Prevention Task Force in response to concerns about the bullying of Muslim, Sikh, and Asian American pupils. -(5) Multiple studies demonstrate that pupils who face bullying suffer academically. Bullying is also linked to negative outcomes, including impacts on mental health, substance use, and suicide. -(6) Research demonstrates that Muslim, Sikh, and other pupils who face hate-based bias and bullying in school do not report these incidents to school staff, primarily because they believe that school staff are not trained to address these issues. -(7) Creating supportive learning environments improves pupil performance. -(8) The United States Department of Education provides numerous resources for schools to support pupils who are facing bullying due to their religion, race, or national origin. These resources were highlighted in an open letter dated December 31, 2015, and sent by the United States Secretary of Education to education administrators throughout the nation. -(b) The Legislature therefore encourages school districts, county offices of education, and charter schools to provide information on existing schoolsite and community resources to educate teachers, administrators, and other school staff on the support of Muslim, Sikh, and other pupils who may face anti-Muslim bias and bullying, as required by subdivision (d) of Section 234.1 of the Education Code. -SEC. 2. -Section 234.1 of the Education Code is amended to read: -234.1. -The department, pursuant to subdivision (b) of Section 64001, shall monitor adherence to the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter as part of its regular monitoring and review of local educational agencies, commonly known as the Categorical Program Monitoring process. The department shall assess whether local educational agencies have done all of the following: -(a) Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics set forth in Section 422.55 of the Penal Code and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy shall include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district. -(b) Adopted a process for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying based on any of the actual or perceived characteristics set forth in Section 422.55 of the Penal Code and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The complaint process shall include, but not be limited to, all of the following: -(1) A requirement that, if school personnel witness an act of discrimination, harassment, intimidation, or bullying, they shall take immediate steps to intervene when safe to do so. -(2) A timeline to investigate and resolve complaints of discrimination, harassment, intimidation, or bullying that shall be followed by all schools under the jurisdiction of the school district. -(3) An appeal process afforded to the complainant should he or she disagree with the resolution of a complaint filed pursuant to this section. -(4) All forms developed pursuant to this process shall be translated pursuant to Section 48985. -(c) Publicized antidiscrimination, anti-harassment, anti-intimidation, and antibullying policies adopted pursuant to subdivision (a), including information about the manner in which to file a complaint, to pupils, parents, employees, agents of the governing board, and the general public. The information shall be translated pursuant to Section 48985. -(d) (1) Provided, incident to the publicizing described in subdivision (c), to certificated schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, who are employed by the local educational agency, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils, or related to the support of pupils who may face bias or bullying on the basis of religious affiliation, or perceived religious affiliation. -(2) As used in this subdivision, both of the following apply: -(A) Schoolsite resources may include, but are not limited to, peer support or affinity clubs and organizations, safe spaces for LGBTQ or other at-risk pupils, counseling services, staff who have received antibias or other training aimed at supporting these pupils or who serve as designated support to these pupils, health and other curriculum materials that are inclusive of, and relevant to, these pupils, online training developed pursuant to Section 32283.5, and other policies adopted pursuant to this article, including related complaint procedures. -(B) Community resources may include, but are not limited to, community-based organizations that provide support to LGBTQ or other at-risk pupils and their families, and physical and mental health providers with experience or training in treating or supporting these pupils. -(e) Posted the policy established pursuant to subdivision (a) in all schools and offices, including staff lounges and pupil government meeting rooms. -(f) Maintained documentation of complaints and their resolution for a minimum of one review cycle. -(g) Ensured that complainants are protected from retaliation and that the identity of a complainant alleging discrimination, harassment, intimidation, or bullying remains confidential, as appropriate. -(h) Identified a responsible local educational agency officer for ensuring school district or county office of education compliance with the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter. -(i) Nothing in this section shall be construed to require school employees to engage with religious institutions in the course of identifying community support resources pursuant to this section. -SEC. 3. -Section 234.5 of the Education Code is amended to read: -234.5. -(a) The Superintendent shall post, and annually update, on the department’s Internet Web site and provide to each school district a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, including school-based discrimination, harassment, intimidation, or bullying on the basis of religious affiliation, nationality, race, or ethnicity, or perceived religious affiliation, nationality, race, or ethnicity. -(b) The department’s Internet Web site shall also include a list of statewide resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home, at school, and in the community.","Existing law establishes the system of public elementary and secondary schools in this state, and provides for the establishment of local educational agencies to operate these schools and provide instruction to pupils. Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state. Existing law, the Safe Place to Learn Act, requires the State Department of Education, as part of its regular monitoring and review of a local educational agency, to assess whether the local educational agency has, among other things, adopted a policy that prohibits discrimination, harassment, intimidation, and bullying, as specified, and has publicized that policy to pupils, parents, employees, agents of the governing board, and the general public. -Existing law also requires the department to assess whether the local educational agency has provided to certificated schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning pupils, as specified. -This bill would express legislative findings and declarations relating to pupils who are subject to verbal, physical, and online harassment. The bill would add the support of pupils who face bias or bullying on the basis of religious affiliation, or perceived religious affiliation. -Existing law requires the Superintendent of Public Instruction to post, and annually update, on the department’s Internet Web site and provide to each school district a list of statewide resources, including community-based organizations, that provide support to youth who have been subjected to school-based discrimination, harassment, intimidation, or bullying, and their families. -This bill would instead provide that that list include statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying on the basis of religious affiliation, nationality, race, or ethnicity, or perceived religious affiliation, nationality, race, or ethnicity.","An act to amend Sections 234.1 and 234.5 of the Education Code, relating to school safety." -1223,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6253 of the Government Code is amended to read: -6253. -(a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. -(b) Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so. -(c) Each agency, upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records in the possession of the agency and shall promptly notify the person making the request of the determination and the reasons therefor. In unusual circumstances, the time limit prescribed in this section may be extended by written notice by the head of the agency or his or her designee to the person making the request, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched. No notice shall specify a date that would result in an extension for more than 14 days. When the agency dispatches the determination, and if the agency determines that the request seeks disclosable public records, the agency shall state the estimated date and time when the records will be made available. As used in this section, “unusual circumstances” means the following, but only to the extent reasonably necessary to the proper processing of the particular request: -(1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. -(2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request. -(3) The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein. -(4) The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data. -(d) Nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records. The notification of denial of any request for records required by Section 6255 shall set forth the names and titles or positions of each person responsible for the denial. -(e) Except as otherwise prohibited by law, a state or local agency may adopt requirements for itself that allow for faster, more efficient, or greater access to records than prescribed by the minimum standards set forth in this chapter. -(f) In addition to maintaining public records for public inspection during the office hours of the public agency, a public agency may comply with subdivision (a) by posting any public record on its Internet Web site and, in response to a request for a public record posted on the Internet Web site, directing a member of the public to the location on the Internet Web site where the public record is posted. However, if after the public agency directs a member of the public to the Internet Web site, the member of the public requesting the public record requests a copy of the public record due to an inability to access or reproduce the public record from the Internet Web site, the public agency shall promptly provide a copy of the public record pursuant to subdivision (b). -SEC. 2. -The Legislature finds and declares that Section 1 of this act, which amends Section 6253 of the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: -The state has a very strong interest in ensuring both the transparency of, and efficient use of limited resources by, public agencies. In order to protect this interest, it is necessary to allow public agencies that have already increased the public’s access to public records by posting public records on the public agencies’ Internet Web sites to refer requests for posted public records to these Internet Web sites. -SEC. 3. -The Legislature finds and declares that Section 1 of this act, which amends Section 6253 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: -Since this act would authorize local agencies to make disclosures of public records by posting the public records on their Internet Web sites, thus making public record disclosures by local agencies more quickly and cost effectively, this act furthers the purpose of Section 3 of Article I of the California Constitution.","(1) The California Public Records Act requires a public agency, defined to mean any state or local agency, to make its public records available for public inspection and to make copies available upon request and payment of a fee, unless the public records are exempt from disclosure. The act prohibits limitations on access to a public record based upon the purpose for which the public record is being requested if the public record is otherwise subject to disclosure, authorizes public agencies to adopt requirements that allow for faster, more efficient, or greater access to public records, and requires local agencies, except school districts, that voluntarily post public records on an open data Internet Resource, as defined, to post those public records in an open format that meets specified criteria. -This bill would authorize a public agency that posts a public record on its Internet Web site to refer a member of the public that requests to inspect the public record to the public agency’s Internet Web site where the public record is posted. This bill would require, if a member of the public requests a copy of the public record due to an inability to access or reproduce the public record from the Internet Web site where the public record is posted, the public agency to promptly provide a copy of the public record to the member of the public, as specified. -(2)  Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. -This bill would make legislative findings to that effect. -(3)The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. -This bill would make legislative findings to that effect.","An act to amend Section 6253 of the Government Code, relating to public records." -1224,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) In submitting this act to the electors, the Legislature finds and declares all of the following: -(1) The theft of firearms and receipt of stolen firearms pose dangers to public safety that are different in kind from other types of theft or the receipt of other types of stolen property. -(2) Many handguns have a value of less than $950. The threat to public safety in regard to stolen firearms goes above and beyond the monetary value of the firearm. -(3) Given the significant and particular threat to public safety in regard to stolen firearms, it is appropriate to restore the penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act -of 2014 -in regard to stolen firearms. -(b) It is not the intent of the Legislature in submitting this act to the electors to undermine the -voter’s -voters -’ -decision to decrease penalties for low-level theft and receiving stolen property, only to give the voters the opportunity to decide whether firearm thefts and the receipt of stolen firearms should be subject to penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act. -SEC. 2. -Section 490.2 of the Penal Code is amended to read: -490.2. -(a) Notwithstanding Section 487 or any other law defining grand theft, except as provided in subdivision (c), obtaining property by theft where the value of the money, labor, real property, or personal property taken does not exceed nine hundred fifty dollars ($950) is petty theft and shall be punished as a misdemeanor, except that the person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. -(b) This section does not apply to a theft that may be charged as an infraction pursuant to any other law. -(c) If the property taken is a firearm, the theft is grand theft in all cases, as specified in paragraph (2) of subdivision (d) of Section 487, and is punishable pursuant to subdivision (a) of Section 489. -SEC. 3. -Section 496 of the Penal Code is amended to read: -496. -(a) (1) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, except as provided in subdivision (e), if the value of the property does not exceed nine hundred fifty dollars ($950), the offense is a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if the person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. -(2) A principal in the actual theft of the property may be convicted pursuant to this section. However, a person may not be convicted both pursuant to this section and of the theft of the same property. -(b) (1) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. -(2) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor. -(c) A person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney’s fees. -(d) Notwithstanding Section 664, an attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170. -(e) Notwithstanding subdivision (a), a person who buys or receives a firearm that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding a firearm from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. -SEC. 4. -(a) Sections 2 and 3 of this act amend the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute, and shall become effective only when submitted to and approved by the voters at a statewide election. -(b) A special election is hereby called, to be held throughout the state on -June 7, -November 8, -2016, for approval by the voters of Sections 2 and 3 of this act. The special election shall be consolidated with the statewide -primary -general -election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election, and only one form of ballot shall be used. -(c) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit Sections 2 and 3 of this act to the voters for their approval at the -June 7, -November 8, -2016, statewide -primary -general -election. -SEC. 5. -This act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.","(1) The existing Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions. -The California Constitution authorizes the Legislature to amend an initiative statute by another statute that becomes effective only when approved by the electors. -This bill would amend that initiative statute by making the theft of a firearm grand theft in all cases and punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. -(2) Under existing law, a person who buys or receives property that has been stolen, knowing the property to be stolen, or who conceals, sells, withholds, or aids in concealing, selling, or withholding property from the owner, knowing the property to be stolen, is guilty of a misdemeanor or a felony, except that if the value of the property does not exceed $950, Proposition 47 makes the offense punishable as a misdemeanor if the defendant has not previously been convicted of one or more specified serious or violent felonies or -of -an offense requiring registration as a sex offender. -This bill would amend that initiative statute by making the buying or receiving of a stolen firearm, with knowledge that the property was stolen, or the concealing, selling, withholding, or aiding in concealing, selling, or withholding of a firearm, with knowledge that the property was stolen, a misdemeanor or a felony. -(3) This bill would call a special election to be consolidated with the -June 7, -November 8, -2016, statewide -primary -general -election. This bill would require the Secretary of State to submit the provisions of the bill that amend the initiative statute to the electors for their approval at the -June 7, -November 8, -2016, consolidated election. -This bill would declare that it is to take effect immediately as an act calling an election.","An act to amend Sections 490.2 and 496 of the Penal Code, relating to theft, and calling an election, to take effect immediately." -1225,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 17510.86 is added to the Business and Professions Code, to read: -17510.86. -(a) An Internet Web site produced by, or on behalf of, a charity that operates or engages in the solicitation for charitable purposes of funds or other property in this state shall include a prominent link on the home page of the Internet Web site that immediately directs all consumers to the Attorney General’s Internet Web site, which contains information about consumer rights and protections and charity research resources. -(b) A document produced by, or on behalf of, a charity for the solicitation for charitable purposes of funds or other property in this state shall include the Internet Web site address of the Attorney General’s Internet Web site, which contains information about consumer rights and protections and charity research resources. -(c) No later than July 1, 2017, the Attorney General shall develop and publish on the Attorney General’s Internet Web site, which contains information about charities, informational materials containing consumer rights and protections and charity research resources to allow donors to become informed about a charity before making a decision to give. -SECTION 1. -Section 17510.86 is added to the -Business and Professions Code -, to read: -17510.86. -(a)An Internet Web site produced by, or on behalf of, a charity that operates, or engages in the solicitation for charitable purposes of funds or other property, in this state shall comply with both of the following: -(1)The Internet Web site shall contain a financial disclosures Internet Web page, which shall include both of the following: -(A)A disclosure of the sum total of the salaries, other compensation, and employee benefits of the charity’s executive director and board of directors and all of the charity’s other administrative overhead expenses, as reported on the charity’s most recent Internal Revenue Service Form 990 filing. The disclosure shall be set forth in at least 14-point, bold, sans serif type font and shall be clear and conspicuous, as defined in Section 17601. -(B)A complete copy of the charity’s most recent Internal Revenue Service Form 990 filing. -(2)Each Internet Web page on the Internet Web site shall include a direct link to the financial disclosures Internet Web page required pursuant to paragraph (1). The direct link shall contain the phrase “Click here to read a full disclosure of the finances, including the salaries and expenses, of this organization,” shall be placed in the top right corner of each Internet Web page in at least 14-point, bold, sans serif type font, and shall be clear and conspicuous, as defined in Section 17601. -(b)(1)A document produced by, or on behalf of, a charity for the solicitation for charitable purposes of funds or other property in this state shall include a disclosure statement indicating the percentage of the charity’s funding that is spent on the sum total of the salaries, other compensation, and employee benefits of the charity’s executive director and board of directors and all of the charity’s other administrative overhead expenses, as reported on the charity’s most recent Internal Revenue Service Form 990 filing. -(2)The disclosure statement shall be printed on the first page of the document in at least 14-point, bold, sans serif type font and shall be clear and conspicuous, as defined in Section 17601. -(c)The Attorney General may enforce this section by taking any of the following actions against a charity that provides false information or otherwise violates this section: -(1)Directing the Franchise Tax Board to suspend or revoke the charity’s exemption from the taxes imposed by the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code). The suspension or revocation shall become effective immediately upon receipt by the Franchise Tax Board, and the Franchise Tax Board shall reinstate the exemption only upon subsequent notification by the Attorney General that the charity is in compliance with this section. -(2)Refusing to register, or revoking or suspending the registration of, a charity pursuant to the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code). -(3)Taking any other enforcement action pursuant to the Attorney General’s existing powers and duties. -SEC. 2. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires a solicitor or seller, prior to any solicitation or sales solicitation for charitable purposes, to provide the prospective donor or purchaser with certain disclosures, including, among others, the name and address of the combined campaign, each organization or fund on behalf of which money collected will be utilized, and the percentage of the total gift or purchase price that may be deducted as a charitable contribution under both federal and state law. Under existing law, a violation of certain advertising restrictions, including charitable solicitation requirements, is a crime. -This bill would require an Internet Web site produced by, or on behalf of, a -charity -Clarity, as specified, -to contain -an Internet Web page that includes a disclosure of the charity’s administrative overhead expenses and a copy of the charity’s most recent Internal Revenue Service Form 990 filing and would further require each Internet Web page on the Internet Web site to contain a direct link to that financial disclosures Internet Web page, as specified. The bill would also require a document produced by, or on behalf of, a charity for solicitation for charitable purposes to include a disclosure statement indicating the percentage of the charity’s funding spent on those administrative overhead expenses, as specified. -a prominent link to the Attorney General’s Internet Web site which contains information about consumer rights and protections and charity research resources. The bill would also require any solicitation document produced by a charity to also include the address for the Attorney General’s Internet Web site. -As a violation of these requirements would be a crime, this bill would impose a state-mandated local program. -This bill would authorize the Attorney General to enforce these requirements by directing the Franchise Tax Board to suspend or revoke a violating charity’s tax-exempt status, by suspending or revoking the registration of a violating charity, or by taking any other enforcement action pursuant to the Attorney General’s existing powers and duties, as specified. -The bill would, by July 1, 2017, require the Attorney General to develop and publish specified information regarding consumer rights and charities on the Attorney General’s Internet Web site. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Section 17510.86 to the Business and Professions Code, relating to charitable solicitations." -1226,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 38750 of the Vehicle Code is amended to read: -38750. -(a) For purposes of this division, the following definitions apply: -(1) “Autonomous technology” means technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator. -(2) (A) “Autonomous vehicle” means any vehicle equipped with autonomous technology that has been integrated into that vehicle. -(B) An autonomous vehicle does not include a vehicle that is equipped with one or more collision avoidance systems, including, but not limited to, electronic blind spot assistance, automated emergency braking systems, park assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar systems that enhance safety or provide driver assistance, but are not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator. -(3) “Department” means the Department of Motor Vehicles. -(4) An “operator” of an autonomous vehicle is the person who is seated in the driver’s seat, or, if there is no person in the driver’s seat, causes the autonomous technology to engage. -(5) A “manufacturer” of autonomous technology is the person as defined in Section 470 that originally manufactures a vehicle and equips autonomous technology on the originally completed vehicle or, in the case of a vehicle not originally equipped with autonomous technology by the vehicle manufacturer, the person that modifies the vehicle by installing autonomous technology to convert it to an autonomous vehicle after the vehicle was originally manufactured. -(b) An autonomous vehicle may be operated on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle being operated if all of the following requirements are met: -(1) The autonomous vehicle is being operated on roads in this state solely by employees, contractors, or other persons designated by the manufacturer of the autonomous technology. -(2) The driver shall be seated in the driver’s seat, monitoring the safe operation of the autonomous vehicle, and capable of taking over immediate manual control of the autonomous vehicle in the event of an autonomous technology failure or other emergency. -(3) Prior to the start of testing in this state, the manufacturer performing the testing shall obtain an instrument of insurance, surety bond, or proof of self-insurance in the amount of five million dollars ($5,000,000), and shall provide evidence of the insurance, surety bond, or self-insurance to the department in the form and manner required by the department pursuant to the regulations adopted pursuant to subdivision (d). -(c) Except as provided in subdivision (b), an autonomous vehicle shall not be operated on public roads until the manufacturer submits an application to the department, and that application is approved by the department pursuant to the regulations adopted pursuant to subdivision (d). The application shall contain, at a minimum, all of the following certifications: -(1) A certification by the manufacturer that the autonomous technology satisfies all of the following requirements: -(A) The autonomous vehicle has a mechanism to engage and disengage the autonomous technology that is easily accessible to the operator. -(B) The autonomous vehicle has a visual indicator inside the cabin to indicate when the autonomous technology is engaged. -(C) The autonomous vehicle has a system to safely alert the operator if an autonomous technology failure is detected while the autonomous technology is engaged, and when an alert is given, the system shall do either of the following: -(i) Require the operator to take control of the autonomous vehicle. -(ii) If the operator does not or is unable to take control of the autonomous vehicle, the autonomous vehicle shall be capable of coming to a complete stop. -(D) The autonomous vehicle shall allow the operator to take control in multiple manners, including, without limitation, through the use of the brake, the accelerator pedal, or the steering wheel, and it shall alert the operator that the autonomous technology has been disengaged. -(E) The autonomous vehicle’s autonomous technology meets Federal Motor Vehicle Safety Standards for the vehicle’s model year and all other applicable safety standards and performance requirements set forth in state and federal law and the regulations promulgated pursuant to those laws. -(F) The autonomous technology does not make inoperative any Federal Motor Vehicle Safety Standards for the vehicle’s model year and all other applicable safety standards and performance requirements set forth in state and federal law and the regulations promulgated pursuant to those laws. -(G) The autonomous vehicle has a separate mechanism, in addition to, and separate from, any other mechanism required by law, to capture and store the autonomous technology sensor data for at least 30 seconds before a collision occurs between the autonomous vehicle and another vehicle, object, or natural person while the vehicle is operating in autonomous mode. The autonomous technology sensor data shall be captured and stored in a read-only format by the mechanism so that the data is retained until extracted from the mechanism by an external device capable of downloading and storing the data. The data shall be preserved for three years after the date of the collision. -(2) A certification that the manufacturer has tested the autonomous technology on public roads and has complied with the testing standards, if any, established by the department pursuant to subdivision (d). -(3) A certification that the manufacturer will maintain, an instrument of insurance, a surety bond, or proof of self-insurance as specified in regulations adopted by the department pursuant to subdivision (d), in an amount of five million dollars ($5,000,000). -(d) (1) -(A) -As soon as practicable, but no later than January 1, 2015, the department shall adopt regulations setting forth requirements for the submission of evidence of insurance, surety bond, or self-insurance required by subdivision (b), and the submission and approval of an application to operate an autonomous vehicle pursuant to subdivision (c). -(B) (i) As soon as practicable, but no later than July 1, 2018, the department shall adopt regulations setting forth requirements for the testing and operation of an autonomous vehicle without a driver in the vehicle and an autonomous vehicle not equipped with a brake pedal, accelerator pedal, or steering wheel, in accordance with subdivision (i). -(ii) The regulations adopted pursuant to clause (i) shall remain in effect, as initially adopted or as amended, until four years after the effective date of the regulations. -(iii) Notwithstanding Section 10231.5 of the Government Code, the department shall submit a report, pursuant to Section 9795 of the Government Code, on the results of the testing and operation of autonomous vehicles described in subdivision (i) to the Legislature no later than six months after the regulations are no longer in effect. -(2) The regulations shall include any testing, equipment, and performance standards, in addition to those established for purposes of subdivision (b), that the department concludes are necessary to ensure the safe operation of autonomous vehicles on public roads, with or without the presence of a driver inside the vehicle. In developing these regulations, the department may consult with the Department of the California Highway Patrol, the Institute of Transportation Studies at the University of California, or any other entity identified by the department that has expertise in automotive technology, automotive safety, and autonomous system design. -(3) The department may establish additional requirements by the adoption of regulations, which it determines, in consultation with the Department of the California Highway Patrol, are necessary to ensure the safe operation of autonomous vehicles on public roads, including, but not limited to, regulations regarding the aggregate number of deployments of autonomous vehicles on public roads, special rules for the registration of autonomous vehicles, new license requirements for operators of autonomous vehicles, and rules for revocation, suspension, or denial of any license or any approval issued pursuant to this division. -(4) The department shall hold public hearings on the adoption of any regulation applicable to the operation of an autonomous vehicle without the presence of a driver inside the vehicle. -(e) (1) The department shall approve an application submitted by a manufacturer pursuant to subdivision (c) if it finds that the applicant has submitted all information and completed testing necessary to satisfy the department that the autonomous vehicles are safe to operate on public roads and the applicant has complied with all requirements specified in the regulations adopted by the department pursuant to subdivision (d). -(2) Notwithstanding paragraph (1), if the application seeks approval for autonomous vehicles capable of operating without the presence of a driver inside the vehicle, the department may impose additional requirements it deems necessary to ensure the safe operation of those vehicles, and may require the presence of a driver in the driver’s seat of the vehicle if it determines, based on its review pursuant to paragraph (1), that such a requirement is necessary to ensure the safe operation of those vehicles on public roads. The department shall notify the Legislature of the receipt of an application from a manufacturer seeking approval to operate an autonomous vehicle capable of operating without the presence of a driver inside the vehicle and approval of the application. Approval of the application shall be effective no sooner than 180 days after the date the application is submitted. -(f) Nothing in this division shall limit or expand the existing authority to operate autonomous vehicles on public roads, until 120 days after the department adopts the regulations required by paragraph (1) of subdivision (d). -(g) Federal regulations promulgated by the National Highway Traffic Safety Administration shall supersede the provisions of this division when found to be in conflict with any other state law or regulation. -(h) The manufacturer of the autonomous technology installed on a vehicle shall provide a written disclosure to the purchaser of an autonomous vehicle that describes what information is collected by the autonomous technology equipped on the vehicle. The department may promulgate regulations to assess a fee upon a manufacturer that submits an application pursuant to subdivision (c) to operate autonomous vehicles on public roads in an amount necessary to recover all costs reasonably incurred by the department. -(i) Notwithstanding paragraph (2) of subdivision (b) and subparagraph (D) of paragraph (1) of subdivision (c), an autonomous vehicle without a driver in the vehicle or an autonomous vehicle not equipped with a brake pedal, accelerator pedal, or steering wheel may be operated on public roads for testing and operation purposes, pursuant to regulations specified in subparagraph (B) of paragraph (1) of subdivision (d), if all other requirements of this section are met and the operator of the autonomous vehicle is capable of taking immediate control of the vehicle in the event of an autonomous technology failure or other emergency. -SECTION 1. -Division 16.65 (commencing with Section 38755) is added to the -Vehicle Code -, to read: -16.65. -Autonomous Vehicle Pilot Project -38755. -Notwithstanding subdivisions (b) and (c) of Section 38750, the Department of Motor Vehicles and the Department of the California Highway Patrol shall, in conjunction with one or more manufacturers of autonomous vehicles, conduct a pilot project to test the safety and feasibility of operating autonomous vehicles on public roads. -38756. -The Department of Motor Vehicles shall select three counties in which to conduct the road tests, and shall contract with local law enforcement agencies for purposes of participating in the road testing prior to conducting any road tests. A local agency may consent to contract and participate, but shall not be required to contract and participate, in the pilot project. The pilot project shall commence on January 1, 2017, and shall terminate on January 1, 2018. -38757. -(a)For purposes of this division, the terms “autonomous vehicle” and “manufacturer” have the same meaning as set forth in Section 38750. -(b)Autonomous vehicles tested in the pilot project are not required to be equipped with a steering wheel, brake pedal, or accelerator, and may be operated without a driver inside the vehicle. -38758. -The Department of Motor Vehicles shall report the results of the pilot project to the Legislature on or before July 1, 2018. A report submitted pursuant to this subdivision shall be submitted pursuant to Section 9795 of the Government Code. -38759. -This division shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.","Existing law establishes certain criteria that must be met by a manufacturer of an autonomous -vehicle -vehicle, as defined, -in order for -the manufacturer -an eligible driver, as specified, -to operate the autonomous vehicle for testing purposes on public roads. -Existing law requires the driver to be seated in the driver’s seat, monitoring the safe operation of the autonomous vehicle, and capable of taking over immediate manual control of the autonomous vehicle in the event of an autonomous technology failure or other emergency. Existing law requires, as part of an application by the manufacturer to the Department of Motor Vehicles, a certification that the autonomous vehicle allows the operator, as defined, to take control in multiple manners, including, without limitation, through the use of the brake, the accelerator pedal, or the steering wheel, as specified, and a certification that the autonomous vehicle’s autonomous technology meets Federal Motor Vehicle Safety Standards. Existing law provides that federal regulations promulgated by the National Highway Traffic Safety Administration shall supersede these provisions when found to be in conflict with any other state law or regulation. -This bill would, notwithstanding those provisions, until January 1, 2018, require the Department of Motor Vehicles and the Department of the California Highway Patrol to conduct a pilot project in conjunction with one or more manufacturers of autonomous vehicles to test the safety and feasibility of operating autonomous vehicles on public roads. The bill would require the Department of Motor Vehicles to select 3 counties in which to conduct the pilot project and to contract with local law enforcement agencies to participate in the pilot project in each county. The bill would require the Department of Motor Vehicles to report the results of the pilot project to the Legislature on or before July 1, 2018. The bill would repeal these provisions on January 1, 2019. -This bill would authorize, notwithstanding the above requirements, the operation of an autonomous vehicle without a driver in the vehicle or an autonomous vehicle not equipped with a brake pedal, accelerator pedal, or steering wheel on public roads for testing and operation purposes if all other requirements of the above provisions are met and the operator of the autonomous vehicle is capable of taking immediate control of the vehicle in the event of an autonomous technology failure or other emergency. The bill would require the department to adopt conforming regulations no later than July 1, 2018. The bill would require the department to submit a report on the results of the testing and operation of these autonomous vehicles to the Legislature, as specified.","An act to -add and repeal Division 16.65 (commencing with Section 38755) -amend Section 38750 -of the Vehicle Code, relating to vehicles." -1227,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) The state, through the Public Utilities Commission, has taken action to promote energy storage, including setting energy storage procurement targets applicable for certain load-serving entities, totaling 1,325 megawatts, and for all other load-serving entities, to be met by 2020, with installations of the energy storage systems meeting the procurement targets by no later than the end of 2024. -(2) Ratepayer funding is currently allowed to provide incentives to customers who purchase energy storage for permanent load shifting. -(3) The Legislature reauthorized the self-generation incentive program to provide incentives to customers who achieve reductions in the emissions of greenhouse gases using technologies like energy storage. -(4) The State Energy Resources Conservation and Development Commission funds research and demonstration programs to further the effectiveness of energy storage as an important resource to the electric grid through the Electric Program Investment Charge. -(5) Federal Energy Regulatory Commission Order No. 792 directs transmission providers to define energy storage devices as generating facilities, thereby enabling these resources to take advantage of generator interconnection procedures. -(6) Industrial and commercial customers are subject to the time-of-use tariffs of the load-serving entity providing electric services, some of which also include demand charges. Industrial and commercial customers have challenges modifying their businesses to manage their electricity consumption and costs. -(7) Section 745 of the Public Utilities Code authorizes the commission to require or authorize an electrical corporation to employ default time-of-use pricing for residential customers. -(8) Changes in customer electricity usage will modify the peak time for electricity demand and effect demand charges in rate design. -(9) Properly designed and dispatched energy storage systems will help customers manage energy costs, help reduce overall system peak energy demands, improve public health, and assist in achieving greenhouse gas emissions goals. -(10) Increased demand for energy storage technologies will drive new business opportunities and create jobs. -(11) Easing energy costs for large energy users will help keep manufacturing and industrial jobs in California. -(b) It is the policy of the state and the intent of the Legislature to encourage energy storage as a means to achieve ratepayer benefits, ambient air quality standards, and the state’s climate change goals. -SEC. 2. -Section 2838.2 is added to the Public Utilities Code, to read: -2838.2. -(a) The following definitions apply to this section: -(1) “Distributed energy storage system” means an energy storage system with a useful life of at least 10 years that is connected to the distribution system or is located on the customer side of the meter. -(2) “Energy storage management system” means a system by which an electrical corporation can manage the charging and discharging of the distributed energy storage system in a manner that provides benefits to ratepayers. -(b) The commission, in consultation with the State Air Resources Board and the Energy Commission, shall direct the state’s three largest electrical corporations to file applications for programs and investments to accelerate widespread deployment of distributed energy storage systems to achieve ratepayer benefits, reduce dependence on petroleum, meet air quality standards, and reduce emissions of greenhouse gases. Programs and investments proposed by the state’s three largest electrical corporations shall seek to minimize overall costs and maximize overall benefits. -(c) (1) The commission may approve, or modify and approve, programs and investments of an electrical corporation in distributed energy storage systems with appropriate energy storage management systems and reasonable mechanisms for cost recovery, if they are consistent with the requirements of this section and do not unreasonably limit or impair the ability of nonutility enterprises to market and deploy energy storage systems. The total capacity of the programs and investments in distributed energy storage systems approved by the commission pursuant to this section shall not exceed 500 megawatts, divided equally among the state’s three largest electrical corporations. -(2) No more than 25 percent of the capacity of distributed energy storage systems approved for programs and investments pursuant to this section shall be provided by behind-the-meter systems. -(3) The capacity authorized pursuant to paragraph (1) is in addition to any investments authorized pursuant to Section 2836. -(d) (1) The commission shall resolve each application filed by an electrical corporation pursuant to this section within 12 months of the date of filing of the completed application. -(2) The commission shall prioritize those programs and investments that provide distributed energy storage systems to public sector and low-income customers. -SEC. 3. -Section 2838.3 is added to the Public Utilities Code, to read: -2838.3. -It is the intent of the Legislature that the commission, in authorizing an electrical corporation to recover the costs of approved energy storage programs and investments from all customers pursuant to Section 2838.2, shall ensure that the costs for the programs and investments are recovered in proportion to the benefits received, consistent with Section 451. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law requires the Public Utilities Commission (PUC) to determine appropriate targets, if any, for each load-serving entity to procure viable and cost-effective energy storage systems to be achieved by December 31, 2020. -This bill would require the PUC, in consultation with the State Air Resources Board and the State Energy Resources Conservation and Development Commission, to direct the state’s 3 largest electrical corporations to file applications for programs and investments to accelerate widespread deployment of distributed energy storage systems, as defined. The bill would authorize the PUC to approve, or modify and approve, programs and investments in distributed energy storage systems, as provided, and would require the PUC to prioritize those programs and investments that provide distributed energy storage systems to public sector and low-income customers. Because a violation of any order, decision, rule, direction, demand, or requirement of the PUC implementing these requirements would be a crime, this bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to add Sections 2838.2 and 2838.3 to the Public Utilities Code, relating to energy." -1228,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 55.53 of the Civil Code is amended to read: -55.53. -(a) For purposes of this part, a certified access specialist (CASp) shall, upon completion of the inspection of a site, comply with the following: -(1) For a site that meets applicable standards, if the CASp determines the site meets all applicable construction-related accessibility standards, the CASp shall provide a written inspection report to the requesting party that includes both of the following: -(A) An identification and description of the inspected structures and areas of the site. -(B) A signed and dated statement that includes both of the following: -(i) A statement that, in the opinion of the CASp, the inspected structures and areas of the site meet construction-related accessibility standards. The statement shall clearly indicate whether the determination of the CASp includes an assessment of readily achievable barrier removal. -(ii) If corrections were made as a result of the CASp inspection, an itemized list of all corrections and dates of completion. -(2) For a site that has been inspected by a CASp, if the CASp determines that corrections are needed to the site in order for the site to meet all applicable construction-related accessibility standards, the CASp shall provide a signed and dated written inspection report to the requesting party that includes all of the following: -(A) An identification and description of the inspected structures and areas of the site. -(B) The date of the inspection. -(C) A statement that, in the opinion of the CASp, the inspected structures and areas of the site need correction to meet construction-related accessibility standards. This statement shall clearly indicate whether the determination of the CASp includes an assessment of readily achievable barrier removal. -(D) An identification and description of the structures or areas of the site that need correction and the correction needed. -(E) A schedule of completion for each of the corrections within a reasonable timeframe. -(3) The CASp shall provide, within 30 days of the date of the inspection of a business that qualifies for the provisions of subparagraph (A) of paragraph (3) of subdivision (g) of Section 55.56, a copy of a report prepared pursuant to that subparagraph to the business. -(4) The CASp shall file, within 10 days of inspecting a business pursuant to subparagraph (A) of paragraph (3) of subdivision (g) of Section 55.56, a notice with the State Architect for listing on the State Architect’s Internet Web site, as provided by subdivision (d) of Section 4459.7 of the Government Code, indicating that the CASp has inspected the business, the name and address of the business, the date of the filing, the date of the inspection of the business, the name and license number of the CASp, and a description of the structure or area inspected by the CASp. -(5) The CASp shall post the notice described in paragraph (4), in a form prescribed by the State Architect, in a conspicuous location within five feet of all public entrances to the building on the date of the inspection and instruct the business to keep it in place until the earlier of either of the following: -(A) One hundred twenty days after the date of the inspection. -(B) The date when all of the construction-related violations in the structure or area inspected by the CASp are corrected. -(b) For purposes of this section, in determining whether the site meets applicable construction-related accessibility standards when there is a conflict or difference between a state and federal provision, standard, or regulation, the state provision, standard, or regulation shall apply unless the federal provision, standard, or regulation is more protective of accessibility rights. -(c) Every CASp who conducts an inspection of a place of public accommodation shall, upon completing the inspection of the site, provide the building owner or tenant who requested the inspection with the following notice, which the State Architect shall make available as a form on the State Architect’s Internet Web site: -NOTICE TO PRIVATE PROPERTY OWNER/TENANT: -YOU ARE ADVISED TO KEEP IN YOUR RECORDS ANY WRITTEN INSPECTION REPORT AND ANY OTHER DOCUMENTATION CONCERNING YOUR PROPERTY SITE THAT IS GIVEN TO YOU BY A CERTIFIED ACCESS SPECIALIST. -IF YOU BECOME A DEFENDANT IN A LAWSUIT THAT INCLUDES A CLAIM CONCERNING A SITE INSPECTED BY A CERTIFIED ACCESS SPECIALIST, YOU MAY BE ENTITLED TO A COURT STAY (AN ORDER TEMPORARILY STOPPING ANY LAWSUIT) OF THE CLAIM AND AN EARLY EVALUATION CONFERENCE. -IN ORDER TO REQUEST THE STAY AND EARLY EVALUATION CONFERENCE, YOU WILL NEED TO VERIFY THAT A CERTIFIED ACCESS SPECIALIST HAS INSPECTED THE SITE THAT IS THE SUBJECT OF THE CLAIM. YOU WILL ALSO BE REQUIRED TO PROVIDE THE COURT AND THE PLAINTIFF WITH THE COPY OF A WRITTEN INSPECTION REPORT BY THE CERTIFIED ACCESS SPECIALIST, AS SET FORTH IN CIVIL CODE SECTION 55.54. THE APPLICATION FORM AND INFORMATION ON HOW TO REQUEST A STAY AND EARLY EVALUATION CONFERENCE MAY BE OBTAINED AT www.courts.ca.gov/selfhelp-start.htm. -YOU ARE ENTITLED TO REQUEST, FROM A CERTIFIED ACCESS SPECIALIST WHO HAS CONDUCTED AN INSPECTION OF YOUR PROPERTY, A WRITTEN INSPECTION REPORT AND OTHER DOCUMENTATION AS SET FORTH IN CIVIL CODE SECTION 55.53. YOU ARE ALSO ENTITLED TO REQUEST THE ISSUANCE OF A DISABILITY ACCESS INSPECTION CERTIFICATE, WHICH YOU MAY POST ON YOUR PROPERTY. - - -(d) (1) Commencing July 1, 2010, a local agency shall employ or retain at least one building inspector who is a certified access specialist. The certified access specialist shall provide consultation to the local agency, permit applicants, and members of the public on compliance with state construction-related accessibility standards with respect to inspections of a place of public accommodation that relate to permitting, plan checks, or new construction, including, but not limited to, inspections relating to tenant improvements that may impact access. If a local agency employs or retains two or more certified access specialists to comply with this subdivision, at least one-half of the certified access specialists shall be building inspectors who are certified access specialists. -(2) (A) Commencing January 1, 2021, all building inspectors employed or retained by a local agency who conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation with respect to new construction or renovation, including, but not limited to, projects relating to tenant improvements that may impact access, shall be certified access specialists. -(B) New employees employed or retained by a local agency on or after January 1, 2018, and who will conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation shall be certified access specialists within -24 -36 -months of their initial date of employment. -(3) If a permit applicant or member of the public requests consultation from a certified access specialist, the local agency may charge an amount limited to a reasonable hourly rate, an estimate of which shall be provided upon request in advance of the consultation. A local government may additionally charge or increase permitting, plan check, or inspection fees to the extent necessary to offset the costs of complying with this subdivision. Any revenues generated from an hourly or other charge or fee increase under this subdivision shall be used solely to offset the costs incurred to comply with this subdivision. A CASp inspection pursuant to subdivision (a) by a building inspector who is a certified access specialist shall be treated equally for legal and evidentiary purposes as an inspection conducted by a private CASp. Nothing in this subdivision shall preclude permit applicants or any other person with a legal interest in the property from retaining a private CASp at any time. -(e) (1) Every CASp who completes an inspection of a place of public accommodation shall, upon a determination that the site meets applicable standards pursuant to paragraph (1) of subdivision (a) or is inspected by a CASp pursuant to paragraph (2) of subdivision (a), provide the building owner or tenant requesting the inspection with a numbered disability access inspection certificate indicating that the site has undergone inspection by a certified access specialist. The disability access inspection certificate shall be dated and signed by the CASp inspector, and shall contain the inspector’s name and license number. Upon issuance of a certificate, the CASp shall record the issuance of the numbered certificate, the name and address of the recipient, and the type of report issued pursuant to subdivision (a) in a record book the CASp shall maintain for that purpose. -(2) Beginning March 1, 2009, the State Architect shall make available for purchase by any local building department or CASp sequentially numbered disability access inspection certificates that are printed with a watermark or other feature to deter forgery and that comply with the information requirements specified in subdivision (a). -(3) The disability access inspection certificate may be posted on the premises of the place of public accommodation, unless, following the date of inspection, the inspected site has been modified or construction has commenced to modify the inspected site in a way that may impact compliance with construction-related accessibility standards. -(f) Nothing in this section or any other law is intended to require a property owner or tenant to hire a CASp. A property owner’s or tenant’s election not to hire a CASp shall not be admissible to prove that person’s lack of intent to comply with the law. -SEC. 2. -Section 4459.5 of the Government Code is amended to read: -4459.5. -(a) The State Architect shall establish and publicize a program for voluntary certification by the state of any person who meets specified criteria as a certified access specialist. No later than January 1, 2005, the State Architect shall determine minimum criteria a person is required to meet to be a certified access specialist, which may include knowledge sufficient to review, inspect, or advocate universal design requirements, completion of specified training, and testing on standards governing access to buildings, including but not limited to housing, for persons with disabilities. -(b) The State Architect may implement the program described in subdivision (a) with startup funds derived, as a loan, from the reserve of the Public School Planning, Design, and Construction Review Revolving Fund, upon appropriation by the Legislature. That loan shall be repaid when sufficient fees have been collected pursuant to Section 4459.8. -(c) The State Architect is authorized to work with various training organizations to ensure an adequate level of training and educational efforts are provided on a statewide basis to prepare individuals to become access specialists as required by paragraph (2) of subdivision (d) of Section 55.53 of the Civil Code. -(d) On or before January 1, 2018, the State Architect shall commence testing and certification of individuals as certified access specialists at a level commensurate with the demand attributed to compliance with paragraph (2) of subdivision (d) of Section 55.53 of the Civil Code. -SEC. 3. -Section 4467 of the Government Code is amended to read: -4467. -(a) (1) (A) On and after January 1, 2017, through December 31, 2019, any applicant for a local business license or equivalent instrument or permit, and -from -any applicant for the renewal of a business license or equivalent instrument or permit, shall pay an additional fee of four dollars ($4) for that license, instrument, or permit, which shall be collected by the city, county, or city and county that issues the license, instrument, or permit. -(B) On and after January 1, 2017, through December 31, 2019, in any city, county, or city and county that does not issue business licenses or an equivalent instrument or permit, any applicant for a building permit shall pay an additional fee of four dollars ($4) for that building permit, which shall be collected by the city, county, or city and county that issued the building permit. -(2) (A) On and after January 1, 2020, any applicant for a local business license or equivalent instrument or permit, and -from -any applicant for the renewal of a business license or equivalent instrument or permit, shall pay an additional fee of one dollar ($1) for that license, instrument, or permit, which shall be collected by the city, county, or city and county that issues the license, instrument, or permit. -(B) On and after January 1, 2020, in any city, county, or city and county that does not issue business licenses or an equivalent instrument or permit, any applicant for a building permit shall pay an additional fee of one dollar ($1) for that building permit, which shall be collected by the city, county, or city and county that issued the building permit. -(b) On and after January 1, 2017, through December 31, 2019, the city, county, or city and county shall retain 90 percent, and on and after January 1, 2020, the city, county, or city and county shall retain 70 percent, of the fees collected under this section, of which up to 5 percent of the retained moneys may be used for related administrative costs of this chapter. The remaining moneys shall be placed by the city, county, or city and county in a special fund established by the city, county, or city and county, to be known as the “CASp Certification and Training Fund.” The fees collected in a CASp Certification and Training Fund shall be used for increased certified access specialist training and certification in that local jurisdiction and to facilitate compliance with construction-related accessibility requirements. The highest priority shall be given to the training and retention of certified access specialists to meet the needs of the public in the jurisdiction as provided in Section 55.53 of the Civil Code. -(c) On and after January 1, 2017, through December 31, 2019, the remaining 10 percent of all fees collected under this section, and on and after January 1, 2020, the remaining 30 percent of all fees collected under this section, shall be transmitted on a quarterly basis to the Division of the State Architect for deposit in the Disability Access and Education Revolving Fund established under Sections 4465 and 4470. The funds shall be transmitted within 15 days of the last day of the fiscal quarter. The Division of the State Architect shall develop and post on its Internet Web site a standard reporting form for use by all local jurisdictions. Up to 75 percent of the collected funds in the Disability Access and Education Revolving Fund shall be used to establish and maintain oversight of the CASp program and to moderate the expense of CASp certification and testing. -(d) Each city, county, or city and county shall make an annual report, commencing March 1, 2014, to the Division of the State Architect of the total fees collected in the previous calendar year and of its distribution, including the moneys spent on administrative services, the activities undertaken and moneys spent to increase CASp training, certification, and services, the activities undertaken and moneys spent to fund programs to facilitate accessibility compliance, and the moneys transmitted to the Disability Access and Education Revolving Fund. -SEC. 4. -If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.","The Construction-Related Accessibility Standards Compliance Act establishes standards for making new construction and existing facilities accessible to persons with disabilities, including inspections by private persons or building inspectors who are certified access specialists (CASps), and provides for construction-related accessibility claims for violations of those standards. That act requires a local agency, commencing January 1, 2014, to employ or retain a sufficient number of building inspectors who are CASps to conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation with respect to new construction. The act requires, if a local agency employs or retains 2 or more CASps, that at least -half -one-half -of the CASps be building inspectors who are CASps. -This bill would require, commencing January 1, 2021, that all building inspectors employed or retained by a local agency who conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation with respect to new construction or renovations, including, but not limited to, projects relating to tenant improvements that may impact access, be CASps. The bill would also require all new employees employed or retained by a local agency on or after January 1, 2018, and who will conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation, to be CASps within -24 -36 -months of their initial date of employment. By adding to the duties of a local entity, this bill would impose a state-mandated local program. -Existing law requires the State Architect to establish a program for voluntary certification by the state of any person who meets specified criteria as a CASp with respect to access to buildings for persons with disabilities and to determine minimum criteria for certification. -This bill would require the State Architect, on or before January 1, 2018, to commence testing and certification of building inspectors as CASps, as specified. -Until December 31, 2018, existing law requires any applicant for a local business license or equivalent instrument or permit, or renewal of a local business license or equivalent instrument or permit, to pay an additional state fee of $1 for that license, instrument, or permit. Under existing law, the city, county, or city and county that collected the fee retains 70% of the fee, and the remaining 30% of the fee is deposited into the Disability Access and Education Revolving Fund, a continuously appropriated fund. -This bill, from January 1, 2017, through December 31, 2019, would increase that state fee to $4 and would require any applicant for a building permit in a city, county, or city and county that does not issue business licenses or an equivalent instrument or permit to pay an additional fee of $4 for that building permit. Beginning January 1, 2020, those fees would be reduced to $1. The bill, from January 1, 2017, through December 31, 2019, would increase the percentage of the fee retained by a local agency to 90% and the remaining 10% would be deposited into the Disability Access and Education Revolving Fund. Beginning January 1, 2020, those percentages would revert to 70% and 30%, respectively. By increasing revenue to a continuously appropriated fund, increasing the fee, extending the period of time during which the fee will be collected, and imposing an additional fee, this bill would make an appropriation. The bill would make an appropriation by authorizing local government entities to retain an increased percentage of the increased fee. The bill would require that the moneys retained by a local agency be placed in a special fund established by the local agency, to be known as the “CASp Certification and Training Fund.” The bill would require that fees collected in a CASp Certification and Training Fund be used for increased certified access specialist training and certification in the local jurisdiction, thereby making an appropriation by expanding the purposes for which the retained fee moneys are required to be spent. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.","An act to amend Section 55.53 of the Civil Code, and to amend Sections 4459.5 and 4467 of the Government Code, relating to public contracts, and making an appropriation therefor." -1229,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 6253.11 is added to the -Government Code -, to read: -6253.11. -A public agency shall comply with a request to inspect or copy a public record that is protected by the Copyright Revision Act of 1976 (17 U.S.C. Sec. 101 et seq.) to the extent permitted by this chapter, unless that public record is otherwise exempt from disclosure under any other law, including, but not limited to, Sections 6254 and 6255. -SEC. 2. -SECTION 1. -Section 14615.1 of the Government Code is amended to read: -14615.1. -(a) Where the Legislature directs or authorizes the department to maintain, develop, or prescribe processes, procedures, or policies in connection with the administration of its duties under this chapter and Chapter 2 (commencing with Section 14650) of this part, Chapter 2 (commencing with Section 13988) of Part 4.5, or Section 6611 of the Public Contract Code or Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, the action by the department shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500)). This section shall apply to actions taken by the department with respect to the State Administrative Manual and the State Contracting Manual. -(b) To the extent permitted by the United States and California Constitutions, subdivision (a) also applies to actions taken by the department prior to January 1, 1999, with respect to competitive procurement in the State Administrative Manual and the State Contracting Manual. -SEC. 3. -SEC. 2. -Section 10335 of the Public Contract Code is amended to read: -10335. -(a) This article shall apply to all contracts, including amendments, entered into by any state agency for services to be rendered to the state, whether or not the services involve the furnishing or use of equipment, materials, or supplies or are performed by an independent contractor. Except as provided in Sections 10295.6 and 10351, and paragraphs (8) and (9) of subdivision (b) of Section 10340, all contracts subject to this article are of no effect unless and until approved by the department. Each contract shall be transmitted with all papers, estimates, and recommendations concerning it to the department and, if approved by the department, shall be effective from the date of approval. This article shall apply to any state agency that by general or specific statute is expressly or impliedly authorized to enter into the transactions referred to in this section. This article shall not apply to contracts for the construction, alteration, improvement, repair, or maintenance of real or personal property, contracts for services subject to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, to contracts that are listed as exceptions in Section 10295, contracts of less than five thousand dollars ($5,000) in amount, contracts of less than five thousand dollars ($5,000) where only per diem or travel expenses, or a combination thereof, are to be paid, contracts between state agencies, or contracts between a state agency and local agency or federal agency. -(b) In exercising its authority under this article with respect to contracts for the services of legal counsel, other than the Attorney General, entered into by any state agency that is subject to Section 11042 or Section 11043 of the Government Code, the department, as a condition of approval of the contract, shall require the state agency to demonstrate that the consent of the Attorney General to the employment of the other counsel has been granted pursuant to Section 11040 of the Government Code. This consent shall not be construed in a manner that would authorize the Attorney General to establish a separate program for reviewing and approving contracts in the place of, or in addition to, the program administered by the department pursuant to this article. -(c) Until January 1, 2001, the department shall maintain a list of contracts approved pursuant to subdivision (b). This list shall be filed quarterly with the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget. The list shall be limited to contracts with a consideration in excess of twenty thousand dollars ($20,000) during the life of the contract and shall include sufficient information to identify the provider of legal services, the length of each contract, applicable hourly rates, and the need for the services. The department shall add a contract that meets these conditions to the list within 10 days after approval. A copy of the list shall be made available to any requester. The department may charge a fee to cover the cost of supplying the list as provided in Section 6253 of the Government Code. -(d) (1) In exercising its authority under this article, a state agency shall consider the processes, procedures, or policies developed by the department pursuant to Chapter 2 (commencing with Section 13988) of Part 4.5 of Division 3 of Title 2 of the Government Code. -(2) For contracts under this article entered into on or after January 1, 2017, a state agency shall consider the intellectual property rights of both the state and the contracting party unless the state agency, prior to execution of the contract, obtains the consent of the department. -(e) Contracts subject to the approval of the department shall also have the department’s approval for a modification or amendment thereto, with the following exceptions: -(1) An amendment to a contract that only extends the original time for completion of performance for a period of one year or less is exempt. If the original contract was subject to approval by the department, one fully executed copy including transmittal document, explaining the reason for the extension, shall be sent to the legal office of the department. A contract may only be amended once under this exemption. -(2) Contracts let or awarded on the basis of a law requiring competitive bidding may be modified or amended only if the contract so provides or if authorized by the law requiring competitive bidding. -(3) If an amendment to a contract has the effect of giving the contract as amended an increase in monetary amount, or an agreement by the state to indemnify or save harmless any person, the amendment shall be approved by the department.","(1)The California Public Records Act requires a state or local agency, as defined, to make public records available for inspection, subject to certain exceptions. -This bill would require a public agency to comply with a request to inspect or copy a public record that is protected by the federal Copyright Revision Act of 1976 unless the record is otherwise exempt from disclosure. -(2) -(1) -Under existing law, contracts by state agencies for services rendered to the state are, with certain exceptions, of no effect unless and until approved by the Department of General Services. Existing law imposes various requirements with respect to contracts for services rendered to the state. Existing law requires the department to develop factors for state agencies to consider in deciding whether to sell or license their intellectual property. -This bill would, for contracts entered into on or after January 1, 2017, require a state agency entering into a contract for services to consider the intellectual property rights of both the state and the contracting party unless the agency, prior to execution of the contract, obtains the consent of the department. -(3) -(2) -Existing law exempts from the Administrative Procedure Act certain actions to maintain, develop, or prescribe processes, procedures, or policies by the Department of General Services that are required or authorized by the Legislature with respect to the general operations of the department or the awarding of state contracts. -This bill would additionally exempt those actions taken with respect to the department’s above-described duties relating to the management and development of state intellectual property, as provided.","An act to amend Section 14615.1 -of, and to add Section 6253.11 to, -of -the Government Code, and to amend Section 10335 of the Public Contract Code, relating to state intellectual property." -1230,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 3351 of the Labor Code is amended to read: -3351. -“Employee” means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes: -(a) Aliens and minors. -(b) All elected and appointed paid public officers. -(c) All officers and members of boards of directors of quasi-public or private corporations while rendering actual service for the corporations for pay. An officer or member of a board of directors may elect to be excluded from coverage in accordance with subdivision (p) of Section 3352. -(d) Except as provided in subdivision (h) of Section 3352, any person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant. -(e) All persons incarcerated in a state penal or correctional institution while engaged in assigned work or employment as defined in paragraph (1) of subdivision (a) of Section 10021 of Title 8 of the California Code of Regulations, or engaged in work performed under contract. -(f) All working members of a partnership or limited liability company receiving wages irrespective of profits from the partnership or limited liability company. A general partner of a partnership or a managing member of a limited liability company may elect to be excluded from coverage in accordance with subdivision (q) of Section 3352. -SEC. 2. -Section 3352 of the Labor Code is amended to read: -3352. -“Employee” excludes the following: -(a) A person defined in subdivision (d) of Section 3351 who is employed by his or her parent, spouse, or child. -(b) A person performing services in return for aid or sustenance only, received from any religious, charitable, or relief organization. -(c) A person holding an appointment as deputy clerk or deputy sheriff appointed for his or her own convenience, and who does not receive compensation from the county or municipal corporation or from the citizens of that county or municipal corporation for his or her services as the deputy. This exclusion is operative only as to employment by the county or municipal corporation and does not deprive that person from recourse against a private person employing him or her for injury occurring in the course of, and arising out of, the employment. -(d) A person performing voluntary services at or for a recreational camp, hut, or lodge operated by a nonprofit organization, exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, of which he or she or a member of his or her family is a member and who does not receive compensation for those services, other than meals, lodging, or transportation. -(e) A person performing voluntary service as a ski patrolman who does not receive compensation for those services, other than meals or lodging or the use of ski tow or ski lift facilities. -(f) A person employed by a ski lift operator to work at a snow ski area who is relieved of, and is not performing any, prescribed duties, while participating in recreational activities on his or her own initiative. -(g) A person, other than a regular employee, participating in sports or athletics who does not receive compensation for the participation other than the use of athletic equipment, uniforms, transportation, travel, meals, lodgings, or other expenses incidental thereto. -(h) A person described in subdivision (d) of Section 3351 whose employment by the employer to be held liable, during the 90 calendar days immediately preceding the date of injury, for injuries as described in Section 5411, or during the 90 calendar days immediately preceding the date of the last employment in an occupation exposing the employee to the hazards of the disease or injury, for diseases or injuries as described in Section 5412, comes within either of the following descriptions: -(1) The employment was, or was contracted to be, for less than 52 hours. -(2) The employment was, or was contracted to be, for wages of not more than one hundred dollars ($100). -(i) A person performing voluntary service for a public agency or a private, nonprofit organization who does not receive remuneration for the services, other than meals, transportation, lodging, or reimbursement for incidental expenses. -(j) A person, other than a regular employee, performing officiating services relating to amateur sporting events sponsored by a public agency or private, nonprofit organization, who does not receive remuneration for these services, other than a stipend for each day of service no greater than the amount established by the Department of Human Resources as a per diem expense for employees or officers of the state. The stipend shall be presumed to cover incidental expenses involved in officiating, including, but not limited to, meals, transportation, lodging, rule books and courses, uniforms, and appropriate equipment. -(k) A student participating as an athlete in amateur sporting events sponsored by a public agency or public or private nonprofit college, university, or school, who does not receive remuneration for the participation, other than the use of athletic equipment, uniforms, transportation, travel, meals, lodgings, scholarships, grants-in-aid, or other expenses incidental thereto. -(l) A law enforcement officer who is regularly employed by a local or state law enforcement agency in an adjoining state and who is deputized to work under the supervision of a California peace officer pursuant to paragraph (4) of subdivision (a) of Section 832.6 of the Penal Code. -(m) A law enforcement officer who is regularly employed by the Oregon State Police, the Nevada Department of Motor Vehicles and Public Safety, or the Arizona Department of Public Safety and who is acting as a peace officer in this state pursuant to subdivision (a) of Section 830.39 of the Penal Code. -(n) A person, other than a regular employee, performing services as a sports official for an entity sponsoring an intercollegiate or interscholastic sports event, or any person performing services as a sports official for a public agency, public entity, or a private nonprofit organization, which public agency, public entity, or private nonprofit organization sponsors an amateur sports event. For purposes of this subdivision, “sports official” includes an umpire, referee, judge, scorekeeper, timekeeper, or other person who is a neutral participant in a sports event. -(o) A person who is an owner-builder, as defined in subdivision (a) of Section 50692 of the Health and Safety Code, who is participating in a mutual self-help housing program, as defined in Section 50087 of the Health and Safety Code, sponsored by a nonprofit corporation. -(p) An officer or member of the board of directors, as described in subdivision (c) of Section 3351, if he or she owns at least 15 percent of the issued and outstanding stock of the corporation and executes a written waiver of his or her rights under this chapter stating under penalty of perjury that the person is a qualifying officer or director. The waiver shall be effective upon the date of receipt and acceptance by the corporation’s insurance carrier and shall remain effective until the officer or member of the board of directors provides the insurance carrier with a written withdrawal of the waiver. -(q) An individual who is a general partner of a partnership or a managing member of a limited liability company who executes a written waiver of his or her rights under this chapter stating under penalty of perjury that the person is a qualifying general partner or managing member. The waiver shall be effective upon the date of receipt and acceptance by the partnership or limited liability company’s insurance carrier and shall remain effective until the general partner or managing member provides the insurance carrier with a written withdrawal of the waiver. -SEC. 3. -Section 6354.7 of the Labor Code, as added by Section 84 of Chapter 6 of the Statutes of 2002, is repealed. -SEC. 4. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, within the Department of Industrial Relations, to compensate an employee for injuries sustained in the course of his or her employment. -Existing law defines an employee, for purposes of the laws governing workers’ compensation, to include, among other persons, officers and members of boards of directors of quasi-public or private corporations while rendering actual service for the corporations for pay. Existing law excludes from that definition, among other persons, officers and directors of a private corporation who are the sole shareholders of the corporation and working members of a partnership or limited liability company, as specified, unless they elect to come under the compensation provisions of the laws governing workers’ compensation. -This bill would revise those exceptions from the definition of an employee to apply to an officer or member of the board of directors, as specified, if he or she owns at least 15% of the issued and outstanding stock of the corporation, or an individual who is a general partner of a partnership or a managing member of a limited liability company, and that person elects to be excluded by executing a written waiver of his or her rights under the laws governing workers’ compensation, stating under penalty of perjury that he or she is a qualifying officer or director, or a qualifying general partner or managing member, as applicable. The bill would specify the effective date of the waivers. -The bill would also make technical and clarifying changes to the provision excluding specified persons from the definition of employee. -The bill would also delete obsolete provisions. -Existing law proscribes the crime of perjury. -By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. -The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 3351 and 3352 of, and to repeal Section 6354.7 of, the Labor Code, relating to workers’ compensation." -1231,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 2707.2 of the Unemployment Insurance Code is amended to read: -2707.2. -(a) The department shall consider the facts submitted by the employer pursuant to Section 2707.1 and make a determination as to the eligibility of the claimant for benefits. The department shall promptly notify the claimant of the determination and the reasons therefor. The claimant may appeal therefrom to an administrative law judge within 20 days from mailing or personal service of the notice of determination. The 20-day period may be extended for good cause. The director shall be an interested party to any appeal. -(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. -(c) This section shall remain in effect only until March 1, 2018, and as of that date is repealed. -SEC. 2. -Section 2707.2 is added to the Unemployment Insurance Code, to read: -2707.2. -(a) The department shall consider the facts submitted by the employer pursuant to Section 2707.1 and make a determination as to the eligibility of the claimant for benefits. The department shall promptly notify the claimant of the determination and the reasons therefor. The claimant may appeal therefrom to an administrative law judge within 30 days from mailing or personal service of the notice of determination. The 30-day period may be extended for good cause. The director shall be an interested party to any appeal. -(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. -(c) This section shall become operative on March 1, 2018. -SEC. 3. -Section 2707.4 of the Unemployment Insurance Code is amended to read: -2707.4. -(a) The claimant may, within 20 days after the mailing or personal service of the notice of computation or recomputation, protest the accuracy of the computation or recomputation. The 20-day period may be extended for good cause. The department shall consider any such protest and shall promptly notify the claimant of the recomputation or denial of recomputation. The claimant may appeal from a notice of denial of recomputation in the manner prescribed in Section 2707.2. The director shall be an interested party to any appeal. -(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. -(c) This section shall remain in effect only until March 1, 2018, and as of that date is repealed. -SEC. 4. -Section 2707.4 is added to the Unemployment Insurance Code, to read: -2707.4. -(a) The claimant may, within 30 days after the mailing or personal service of the notice of computation or recomputation, protest the accuracy of the computation or recomputation. The 30-day period may be extended for good cause. The department shall consider any such protest and shall promptly notify the claimant of the recomputation or denial of recomputation. The claimant may appeal from a notice of denial of recomputation in the manner prescribed in Section 2707.2. The director shall be an interested party to any appeal. -(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. -(c) This section shall become operative on March 1, 2018. -SEC. 5. -Section 2707.7 is added to the Unemployment Insurance Code, to read: -2707.7. -(a) Notwithstanding Sections 2707.2 and 2707.4, any individual who submits an appeal under one or more of those sections to an administrative law judge within 30 days from mailing or personal service of the applicable notice shall be considered to have good cause to extend the 20-day period. -(b) This section shall remain in effect only until March 1, 2018, and as of that date is repealed. -SEC. 6. -Section 2707.8 is added to the Unemployment Insurance Code, to read: -2707.8. -(a) An administrative law judge, after affording a reasonable opportunity for fair hearing, shall, unless the appeal is withdrawn, affirm, reverse, modify, or set aside any determination that is appealed under this article. The claimant and the director shall be promptly notified in writing of the administrative law judge’s decision, together with reasons for the decision. The decision shall be final unless, within 30 days after mailing of the decision, further appeal is initiated to the appeals board pursuant to Section 1336. The 30-day limitation may be extended for good cause. -(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. -SEC. 7. -Section 2737 of the Unemployment Insurance Code is amended to read: -2737. -(a) Within 20 days from the date of mailing or serving of the notice of overpayment determination, the person affected may file an appeal to an administrative law judge. The director shall be an interested party to any such appeal. The administrative law judge, after affording reasonable opportunity for a fair hearing, shall, unless the appeal is withdrawn, affirm, reverse, modify, or set aside the findings set forth in the notice of overpayment determination. The party and the director shall be notified of the administrative law judge’s decision, together with his or her reasons therefor, which shall be final unless within 20 days from the date of notification or mailing of the decision a further appeal is initiated to the appeals board pursuant to Section 1336. The 20-day period for an appeal to the administrative law judge or to the appeals board may be extended for good cause. -“Good -(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. -(c) This section shall remain in effect only until March 1, 2018, and as of that date is repealed. -SEC. 8. -Section 2737 is added to the Unemployment Insurance Code, to read: -2737. -(a) Within 30 days from the date of mailing or serving of the notice of overpayment determination, the person affected may file an appeal to an administrative law judge. The director shall be an interested party to any such appeal. The administrative law judge, after affording reasonable opportunity for a fair hearing, shall, unless the appeal is withdrawn, affirm, reverse, modify, or set aside the findings set forth in the notice of overpayment determination. The party and the director shall be notified of the administrative law judge’s decision, together with his or her reasons therefor, which shall be final unless within 30 days from the date of notification or mailing of the decision a further appeal is initiated to the appeals board pursuant to Section 1336. The 30-day period for an appeal to the administrative law judge or to the appeals board may be extended for good cause. -(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. -(c) This section shall become operative on March 1, 2018. -SEC. 9. -Section 2737.5 is added to the Unemployment Insurance Code, to read: -2737.5. -(a) Notwithstanding Section 2737, any individual who submits an appeal under that section to an administrative law judge within 30 days from mailing or personal service of the notice of overpayment determination shall be considered to have good cause to extend the 20-day period. -(b) This section shall remain in effect only until March 1, 2018, and as of that date is repealed.","Existing law authorizes the Employment Development Department to administer the disability compensation program, which provides for the partial compensation for the wage losses suffered by eligible individuals unemployed because of sickness or injury. Existing law requires, after a claim for benefits is filed, the department to determine the eligibility of the claimant for benefits and to notify the claimant of the determination. Existing law allows the claimant to appeal to an administrative law judge within 20 days from mailing or personal service of the determination, which may be extended for good cause. -This bill would provide that, before March 1, 2018, any individual who submits an appeal to an administrative law judge within 30 days from the mailing or personal service of the determination has good cause to extend the 20-day period. The bill would, commencing March 1, 2018, extend that appeal period to within 30 days from mailing or personal service of the determination notice. -Existing law generally requires, upon the filing of a claim for disability benefits, the Employment Development Department to promptly make a computation on the claim setting forth the maximum amount of benefits potentially payable during the disability benefit period and the weekly benefit amount and to promptly notify the claimant of the computation. Existing law allows the claimant to, within 20 days after the mailing or personal service of the notice of computation or recomputation, protest the accuracy of the computation or recomputation, requires the department to consider any protest and notify the claimant of the recomputation or denial of recomputation, and allows the claimant to appeal to an administrative law judge within 20 days from mailing or personal service of the notice of denial of recomputation, which may be extended for good cause. -This bill would provide that, before March 1, 2018, any individual who submits an appeal to an administrative law judge within 30 days from the mailing or personal service of the notice has good cause to extend the 20-day period. The bill would, commencing March 1, 2018, extend that period allowed to the claimant to protest the accuracy of the computation or recomputation to the department to within 30 days of the mailing or personal service of the notice. The bill would also, commencing March 1, 2018, extend the appeal period to the administrative law judge to within 30 days from mailing or personal service of the notice of denial of recomputation. -Under existing law, any person who receives an overpayment of disability benefits is liable for the amount overpaid unless specified conditions apply. Existing law requires the Director of Employment Development to determine the amount of the overpayment and to notify the recipient of the basis of the overpayment determination by mail or personal service, as provided. Existing law allows the person affected to file an appeal to an administrative law judge within 20 days from the date of mailing or serving of the notice of overpayment determination. Existing law requires, after affording reasonable opportunity for a fair hearing, the administrative law judge to make a decision regarding the findings set forth in the overpayment determination notice, and requires that decision to be final unless within 20 days from the date of notification or mailing of the judge’s decision a further appeal is initiated to the California Unemployment Insurance Appeals Board, as specified. -This bill would provide that, before March 1, 2018, any individual who submits an appeal to an administrative law judge within 30 days from the mailing or personal service of the notice has good cause to extend the 20-day period. The bill would, commencing March 1, 2018, extend that appeal period to the administrative law judge to within 30 days of mailing or serving of the determination notice. The bill would also, commencing March 1, 2018, extend the appeal period to the appeals board to within 30 days from the date of notification or mailing of the administrative law judge’s decision.","An act to amend, repeal, and add Sections 2707.2, 2707.4, and 2737 of, to add Section 2707.8 to, and to add and repeal Sections 2707.7 and 2737.5 of, the Unemployment Insurance Code, relating to disability compensation." -1232,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25173.7 of the Health and Safety Code is amended to read: -25173.7. -(a) It is the intent of the Legislature that funds deposited in the Toxic Substances Control Account shall be appropriated in the annual Budget Act each year in the following manner: -(1) An amount sufficient to pay for the estimated costs identified by the department in the report submitted pursuant to subdivision (c) to the Site Remediation Account in the General Fund for direct site remediation costs, as defined in Section 25337. -(2) Not less than ten million seven hundred fifty thousand dollars ($10,750,000) to the Site Remediation Account in the General Fund for direct site remediation costs, as defined in Section 25337. -(3) Not less than four hundred thousand dollars ($400,000) to the Expedited Site Remediation Trust Fund in the State Treasury, created pursuant to subdivision (a) of former Section 25399.1, for purposes of paying the orphan share of response costs pursuant to former Chapter 6.85 (commencing with Section 25396). -(4) An amount that does not exceed the costs incurred by the State Board of Equalization, a private party, or other public agency, to administer and collect the fees imposed pursuant to Article 9.1 (commencing with Section 25205.1) and deposited into the Toxic Substances Control Account, for the purpose of reimbursing the State Board of Equalization, public agency, or private party, for those costs. -(5) Not less than one million fifty thousand dollars ($1,050,000) for purposes of establishing and implementing a program pursuant to Sections 25244.15.1, 25244.17.1, 25244.17.2, and 25244.22 to encourage hazardous waste generators to implement pollution prevention measures. -(6) Funds not appropriated as specified in paragraphs (1) to (5), inclusive, may be appropriated for any of the purposes specified in subdivision (b) of Section 25173.6, except the purposes specified in subparagraph (C) of paragraph (1) of, and paragraph (13) of, subdivision (b) of Section 25173.6. -(b) (1) The amounts specified in paragraphs (2) to (5), inclusive, of subdivision (a) shall be adjusted annually to reflect increases or decreases in the cost of living during the prior fiscal year, as measured by the Consumer Price Index issued by the Department of Industrial Relations or by a successor agency. -(2) Notwithstanding paragraph (1), the department may, upon the approval of the Legislature in a statute or the annual Budget Act, take either of the following actions: -(A) Reduce the amounts specified in paragraphs (1) to (5), inclusive, of subdivision (a), if there are insufficient funds in the Toxic Substances Control Account. -(B) Suspend the transfer specified in paragraph (3) of subdivision (a), if there are no orphan shares pending payment pursuant to former Chapter 6.85 (commencing with Section 25396). -(c) The department shall submit to the Legislature with the Governor’s Budget each year a report that includes an estimate of the funding needed to fund direct site remediation costs at state orphan sites and meet the state’s obligation to pay for direct site remediation costs at federal Superfund orphan sites pursuant to paragraph (3) of subsection (c) of Section 104 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9604(c)(3)). The estimate shall include projected costs for the current budget year and the two following budget years, including, but not limited to, the state’s 10-percent funding obligation for remedial actions at federal Superfund orphan sites, the state’s 100-percent funding obligation for ongoing operation and maintenance at federal Superfund orphan sites, and ongoing operation and maintenance costs at state orphan sites. -SEC. 2. -Section 25205.6 of the Health and Safety Code is amended to read: -25205.6. -(a) For purposes of this section, “organization” means a corporation, limited liability company, limited partnership, limited liability partnership, general partnership, and sole proprietorship. -(b) On or before November 1 of each year, the department shall provide the board with a schedule of codes, that consists of the types of organizations that use, generate, store, or conduct activities in this state related to hazardous materials, as defined in Section 25501, including, but not limited to, hazardous waste. The schedule shall consist of identification codes from one of the following classification systems, as deemed suitable by the department: -(1) The Standard Industrial Classification (SIC) system established by the United States Department of Commerce. -(2) The North American Industry Classification System (NAICS) adopted by the United States Census Bureau. -(c) Each organization of a type identified in the schedule adopted pursuant to subdivision (a) shall pay an annual fee, which shall be set in the following amounts: -(1) Two hundred dollars ($200) for those organizations with 50 or more employees, but fewer than 75 employees. -(2) Three hundred fifty dollars ($350) for those organizations with 75 or more employees, but fewer than 100 employees. -(3) Seven hundred dollars ($700) for those organizations with 100 or more employees, but fewer than 250 employees. -(4) One thousand five hundred dollars ($1,500) for those organizations with 250 or more employees, but fewer than 500 employees. -(5) Two thousand eight hundred dollars ($2,800) for those organizations with 500 or more employees, but fewer than 1,000 employees. -(6) Nine thousand five hundred dollars ($9,500) for those organizations with 1,000 or more employees. -(d) The fee imposed pursuant to this section shall be paid by each organization that is identified in the schedule adopted pursuant to subdivision (a) in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code and shall be deposited in the Toxic Substances Control Account. The revenues shall be available, upon appropriation by the Legislature, for the purposes specified in subdivision (b) of Section 25173.6. -(e) For purposes of this section, the number of employees employed by an organization is the number of persons employed in this state for more than 500 hours during the calendar year preceding the calendar year in which the fee is due. -(f) The fee rates specified in subdivision (c) are the rates for the 1998 calendar year. Beginning with the 1999 calendar year, and for each calendar year thereafter, the State Board of Equalization shall adjust the rates annually to reflect increases or decreases in the cost of living during the prior fiscal year, as measured by the Consumer Price Index issued by the Department of Industrial Relations or by a successor agency. -(g) (1) Pursuant to paragraph (3) of subsection (c) of Section 104 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9604(c)(3)), the state is obligated to pay specified costs of removal and remedial actions carried out pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.). -(2) The fee rates specified in subdivision (c) are intended to provide sufficient revenues to fund the purposes of subdivision (b) of Section 25173.6, including appropriations in any given fiscal year to fund the state’s obligation pursuant to paragraph (3) of subsection (c) of Section 104 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9604(c)(3)). -(h) This section does not apply to a nonprofit corporation primarily engaged in the provision of residential social and personal care for children, the aged, and special categories of persons with some limits on their ability for self-care, as described in SIC Code 8361 of the Standard Industrial Classification (SIC) Manual published by the United States Office of Management and Budget, 1987 edition. -(i) The changes made to this section by the act of the 2005–06 Regular Session of the Legislature amending this section shall not increase fee revenues in the 2006–07 fiscal year.","Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Superfund Act), imposes liability for hazardous substance removal or remedial actions and authorizes moneys in the Toxic Substances Control Account in the General Fund to be expended by the Department of Toxic Substances Control to pay, among other things, all costs of removal or remedial actions incurred by the state and for the state’s share of the costs of removal or remedial actions mandated by the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, commonly known as the Federal Superfund Act. Existing law expresses the intent of the Legislature that the funds deposited in the account be appropriated in the annual Budget Act each year in a specified manner, including not less than $6,750,000 to the Site Remediation Account in the General Fund for direct site remediation costs, as defined. Existing law defines orphan sites as those with no reasonably identifiable responsible parties. -This bill would instead express the intent of the Legislature that the funds deposited in the account be appropriated in the annual Budget Act each year to the Site Remediation Account in an amount that is sufficient to pay for estimated costs for direct site remediation at both federal Superfund orphan sites and at state orphan sites, and that not less than $10,750,000 be appropriated in the annual Budget Act each year to the Site Remediation Account for direct site remediation costs. The bill would require the department to include those estimated costs in a report submitted to the Legislature with the Governor’s Budget each year. -Existing law requires the department to provide the State Board of Equalization with a schedule of codes identifying the types of organizations that use, generate, store, or conduct activities in this state related to hazardous materials. Each organization type identified in the schedule is required to pay an annual fee, which is deposited in the Toxic Substances Control Account. Existing law expresses the intent that those organization fee rates are intended to provide sufficient revenue to fund, among other things, appropriations in any given fiscal year of $3,300,000 to fund the state’s clean-up obligation under the Federal Superfund Act. If the department determines that the state’s obligation under the Federal Superfund Act will exceed $3,300,000 in any fiscal year, existing law requires the department to report that determination to the Legislature in the Governor’s Budget. -This bill would repeal that expression of legislative intent and a related requirement that the Legislature specify in the annual Budget Act changes to those rates necessary to fund the state’s increased obligation under the Federal Superfund Act. The bill would instead express the intent of the Legislature that those rates are intended to provide sufficient revenue to fund appropriations in any given fiscal year to fund the state’s obligation under the Federal Superfund Act. -This bill would also make conforming changes and delete obsolete provisions.","An act to amend Sections 25173.7 and 25205.6 of the Health and Safety Code, relating to hazardous waste." -1233,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 25185.6 of the Health and Safety Code is amended to read: -25185.6. -(a) (1) The department or a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, in connection with any action authorized by this chapter, may require any of the following persons to furnish and transmit, upon reasonable notice, to the designated offices of the department or the local officer or agency any existing information relating to hazardous substances, hazardous wastes, or hazardous materials: -(A) Any person who owns or operates any hazardous waste facility. -(B) Any person who generates, stores, treats, transports, disposes of, or otherwise handles hazardous waste. -(C) Any person who has generated, stored, treated, transported, disposed of, or otherwise handled hazardous waste. -(D) Any person who arranges, or has arranged, by contract or other agreement, to store, treat, transport, dispose of, or otherwise handle hazardous waste. -(E) Any person who applies, or has applied, for any permit, registration, or certification under this chapter. -(2) (A) The department, or a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, may require a person described in paragraph (1) to furnish and transmit, upon reasonable notice, to the designated offices of the department or the local officer or agency, any information relating to the person’s ability to pay for, or to perform, a response or corrective action. -(B) This paragraph applies only if there is a reasonable basis to believe that there has been or may be a release or threatened release of a hazardous substance, hazardous wastes, or hazardous material, and only for the purpose of determining under this chapter how to finance a response or corrective action or otherwise for the purpose of enforcing this chapter. -(b) (1) The department may require any person who has information regarding the activities of a person described in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a) relating to hazardous substances, hazardous wastes, or hazardous materials to furnish and transmit, upon reasonable notice, that information to the designated offices of the department. -(2) (A) The department may require any person who has information regarding the activities of a person described in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a), relating to the ability of the person described in those subparagraphs to pay for, or to perform, a response or corrective action, upon reasonable notice, to furnish and transmit that information to the designated offices of the department. -(B) This paragraph applies only if there is a reasonable basis to believe that there has been or may be a release or threatened release of a hazardous substance, hazardous wastes, or hazardous material, and only for the purpose of determining under this chapter how to finance a response or corrective action or otherwise for the purpose of enforcing this chapter. -(c) Any person required to furnish information pursuant to this section shall pay any costs of photocopying or transmitting this information. -(d) When requested by the person furnishing information pursuant to this section, the department or the local officer or agency shall follow the procedures established under Section 25173. -(e) If a person intentionally or negligently fails to furnish and transmit to the designated offices of the department or the local officer or agency any existing information required pursuant to this section, the department may issue an order pursuant to Section 25187 directing compliance with the request. -(f) The department may disclose information submitted pursuant to this section to authorized representatives, contractors, or other governmental agencies only in connection with the department’s responsibilities pursuant to this chapter. The department shall establish procedures to ensure that information submitted pursuant to this section is used only in connection with these responsibilities and is not otherwise disseminated without the consent of the person who provided the information to the department. -(g) The department may also make available to the United States Environmental Protection Agency any and all information required by law to be furnished to that agency. The sharing of information between the department and that agency pursuant to this section does not constitute a waiver by the department or any affected person of any privilege or confidentiality provided by law that pertains to the information. -(h) A person providing information pursuant to subdivision (a) or (b) shall, at the time of its submission, identify all information that the person believes is a trade secret. Any information or record not identified as a trade secret is available to the public, unless exempted from disclosure by other provisions of law. For purposes of this subdivision, “trade secret” is defined as in Section 25173. -(i) Notwithstanding Section 25190, a person who knowingly and willfully disseminates information protected by Section 25173 or procedures established by the department pursuant to Section 25173 shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000), imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. -SEC. 2. -Section 25358.1 of the Health and Safety Code is amended to read: -25358.1. -(a) The department, a representative of the department, or any person designated by the director may take the actions specified in this section only if there is a reasonable basis to believe that there has been or may be a release or threatened release of a hazardous substance, and only for the purpose of determining under this chapter the need for a response action, the choosing or taking of a response action, or otherwise for the purpose of enforcing this chapter. -(b) Any officer or employee of the department, a representative of the director, or a person designated by the director may require any person who has or may have information relevant to any of the following matters to furnish the information, upon reasonable notice: -(1) The identification, nature, and quantity of materials that have been, or are, generated, treated, stored, or disposed of at a hazardous substance release site or that have been, or are, transported to a hazardous substance release site. -(2) The nature or extent of a release or a threatened release of a hazardous substance at, or from, a hazardous substance release site. -(3) The ability of a person to pay for or to perform a response action, consistent with subsection (e) of Section 104 of the federal act (42 U.S.C. Sec. 9604(e)). -(c) Any person required to furnish information pursuant to this section shall pay any costs of photocopying or transmitting the information. -(d) A person who is required to provide information pursuant to subdivision (b) shall, in accordance with subdivision (i), allow the officer, employee, representative, or designee, upon reasonable notice and at reasonable times, to have access to, and copy, all records relating to the hazardous substances for purposes of assisting the department in determining the need for a response action. -(e) Any officer or employee of the department, representative of the director, or person designated by the director may, in accordance with subdivision (i), enter, at reasonable times, any of the following properties: -(1) Any nonresidential establishment or other place or property where any hazardous substances may be, or have been, produced, stored, treated, disposed of, or transported from. -(2) Any nonresidential establishment or other place or property from which, or to which, a hazardous substance has been, or may have been, released. -(3) Any nonresidential establishment or other place or property where a hazardous substance release is, or may be, threatened. -(4) Any nonresidential establishment or other place or property where entry is needed to determine the need for a response action, or the appropriate remedial action, to effectuate a response action under this chapter. -(5) Any residential place or property that, if it were a nonresidential establishment or other place or property, would otherwise meet the criteria described in paragraphs (1) to (4), inclusive, if the department, representative, or person designated by the director is able to establish, based upon reasonably available evidence, that hazardous substances have been released onto or under the residential place or real property and if entry is made only at reasonable times and after reasonable notification to the owners and occupants. -(f) Any officer or employee of the department, representative of the director, or person designated by the director may, in accordance with subdivision (i), carry out any of the following activities: -(1) Inspect and obtain samples from any establishment or other place or property specified in subdivision (e) or from any location of any suspected hazardous substance. -(2) Inspect and obtain samples of any substances from any establishment or place or property specified in subdivision (e). -(3) Inspect and obtain samples of any containers or labeling for the suspected hazardous substances, and samples of the soil, vegetation, air, water, and biota on the premises. -(4) Set up and maintain monitoring equipment for the purpose of assessing or measuring the actual or potential migration of hazardous substances. -(5) Survey and determine the topographic, geologic, and hydrogeologic features of the land. -(6) Photograph any equipment, sample, activity, or environmental condition described in paragraphs (2) to (5) inclusive. -(g) (1) If photographs are to be taken pursuant to paragraph (6) of subdivision (f), the department shall do all of the following: -(A) Comply with all procedures established pursuant to subdivision (b) of Section 25358.2. -(B) Notify the person whose facility is photographed prior to public disclosure of the photographs. -(C) Upon the request of the person owning the facility, submit a copy of any photograph to the person for the purpose of determining whether trade secret information, as defined in Section 25358.2, or facility security, would be revealed by the photograph. -(2) “Disclosure,” as used in Section 25358.2, for purposes of this paragraph, does not include the review of the photograph by a court of competent jurisdiction or by an administrative law judge. A court or judge may review the photograph in camera. -(h) An officer, employee, representative, or designee who enters a place, establishment, or property pursuant to this section shall make a reasonable effort to inform the owner or the owner’s authorized representative of the inspection and shall provide split samples to the owner or the representative upon request. -(i) If the owner or the owner’s authorized representative does not voluntarily grant access to a place, establishment, or property pursuant to this section, the officer, employee, representative, or designee shall first obtain a warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. However, if there is an emergency posing an immediate threat to public health and safety, the officer, employee, representative, or designee may enter the place, establishment, or property without the consent of the owner or owner’s authorized representative and without the issuance of a warrant. -(j) The department may disclose information submitted pursuant to this section to authorized representatives, contractors, or other governmental agencies only in connection with the department’s responsibilities pursuant to this chapter. The department shall establish procedures to ensure that information submitted pursuant to this section is used only in connection with these responsibilities and is not otherwise disseminated without the consent of the person who provided the information to the department. -(k) The department may also make available to the United States Environmental Protection Agency any information required by law to be furnished to that agency. The sharing of information between the department and that agency pursuant to this section does not constitute a waiver by the department or of any affected person of any privilege or confidentiality provided by law that pertains to the information. -(l) The department, and any person authorized by the department to enter upon any lands for the purpose of taking a response action pursuant to this chapter, shall not be held liable, in either a civil or criminal proceeding, for trespass or for any other acts that are necessary to carry out the response action. -SEC. 3. -Section 25358.2 of the Health and Safety Code is amended to read: -25358.2. -(a) “Trade secrets,” as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that is not patented, that is known only to certain individuals within a commercial concern who are using it to fabricate, produce, develop, or compound an article of trade or a service having commercial value, and that gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. -(b) The department shall establish procedures to ensure that trade secret information is utilized by the department only in connection with the responsibilities of the department pursuant to this chapter and is not otherwise disseminated without the consent of the person who provided the information to the department. However, any information shall be made available to governmental agencies for use in making studies and for use in judicial review or enforcement proceedings involving the person furnishing the information. -(c) Any person providing information pursuant to subdivision (b) of Section 25358.1 shall, at the time of its submission, identify all information that the person believes is a trade secret. Any information or record not identified as a trade secret is available to the public, unless exempted from disclosure by other provisions of law. -(d) Any person who knowingly and willfully disseminates information protected by this section or procedures established by the department pursuant to subdivision (b) shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000), imprisonment in the county jail not to exceed one year, or by both that fine and imprisonment. -SEC. 4. -Section 25390.5 of the Health and Safety Code is amended to read: -25390.5. -For the purposes of this article, the orphan share shall be determined in the following manner: -(a) The orphan share shall be expressed as a percentage in multiples of five, up to, and, including, but not greater than, 75 percent. -(b) The potentially responsible party filing a claim for reimbursement of the orphan share shall provide the administrator of the fund with a written potentially responsible party search report that shall include a list of all potentially responsible parties identified for the site, the factual and legal basis for identifying those parties, and a proposed orphan share percentage. The potentially responsible party shall also provide the administrator with the factual documentation necessary to support the proposed orphan share percentage. -(c) Upon receipt of the information required by subdivision (a), the administrator of the fund shall invite all identified potentially responsible parties and the department and the regional board to submit any additional information relating to the proposed orphan share percentage or to the list of identified potentially responsible parties. -(d) The administrator of the fund, in consultation with the department or the regional board, shall determine a final orphan share percentage based on the volume, toxicity, and difficulty of removal of the contaminants contributed to the site by the party or parties responsible for the orphan share. The administrator shall determine the orphan share timely and efficiently and is not required to precisely determine all relevant factors, as long as the determination is generally equitable. In addition, the administrator may consider the results of any apportionment or allocation conducted by voluntary arbitration or mediation or by a civil action filed by a potentially responsible party, or any other apportionment or allocation decision that is helpful when determining the orphan share percentage. -(e) A potentially responsible party shall not assert, and the administrator of the fund shall not determine, that the orphan share percentage includes the share of liability attributable to a potentially responsible party’s acts that occurred before January 1, 1982, unless that share of responsibility is attributable to a person who is defunct or insolvent. -(f) In determining the orphan share percentage under this section, the administrator of the fund may perform any of the activities authorized in subdivisions (b) and (d) of Section 25358.1. -(g) The administrator of the fund shall issue all orphan share percentage determinations in writing, with notification to all appropriate parties. The decision of the administrator with respect to either apportionment or payment of claims is a final agency action for the purposes of judicial review of the decision by any party to the proceedings resulting in the decision; however, judicial review of the administrator’s decision is limited to a showing of fraud by a party submitting information under this subdivision. The administrator shall be represented by the Attorney General in any action brought under this article. -SEC. 5. -No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.","(1) The Hazardous Waste Control Law authorizes the Department of Toxic Substances Control and authorized local enforcement officers and agencies to require specified persons to furnish and transmit certain information relating to the person’s ability to pay for or perform a response action, and further authorizes those entities to require any person who has information regarding another person’s activities that relate to the ability of the person to pay for or perform a response action to also furnish and transmit the information. Existing law makes those provisions applicable only if there is a reasonable basis to believe that there has been or may be a release or threatened release of a hazardous substance and only for the purpose of determining how to finance a response action or otherwise for the purpose of enforcing the Hazardous Waste Control Law. A violation of the Hazardous Waste Control Law is a crime. -This bill would make those provisions applicable also if there is a reasonable basis to believe that there has been or may be a release or threatened release of hazardous wastes or hazardous material and also for the purpose of determining how to finance a corrective action. -(2) Existing law authorizes an officer or employee of the department and specified other persons to require any person who has or may have information relevant to specified matters relating to the release of hazardous substances to furnish and transmit that information. Existing law authorizes the department to disclose trade secrets received by the department pursuant to the Hazardous Waste Control Law only under specified circumstances. -This bill would require the person required to furnish and transmit the information to pay for any costs of photocopying and transmitting the information. The bill would limit the disclosure by the department of information, including trade secrets, received by the department pursuant to these provisions of the Hazardous Waste Control Law, specifying the parties to whom that disclosure is proper and requiring the disclosures be in connection with the department’s responsibilities under that law. The bill would require this information to be made available to governmental agencies for use in making studies and for use in judicial review or enforcement proceedings involving the person furnishing the information. The bill would make conforming and other nonsubstantive changes. Because the bill’s provisions would expand the scope of a crime, the bill would impose a state-mandated local program. -(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. -This bill would provide that no reimbursement is required by this act for a specified reason.","An act to amend Sections 25185.6, 25358.1, 25358.2, and 25390.5 of the Health and Safety Code, relating to hazardous materials." -1234,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 1197.1 of the Labor Code is amended to read: -1197.1. -(a) Any employer or other person acting either individually or as an officer, agent, or employee of another person, who pays or causes to be paid to any employee a wage less than the minimum fixed by an applicable state or local law, or by an order of the commission shall be subject to a civil penalty, restitution of wages, liquidated damages payable to the employee, and any applicable penalties imposed pursuant to Section 203 as follows: -(1) For any initial violation that is intentionally committed, one hundred dollars ($100) for each underpaid employee for each pay period for which the employee is underpaid. This amount shall be in addition to an amount sufficient to recover underpaid wages, liquidated damages pursuant to Section 1194.2, and any applicable penalties imposed pursuant to Section 203. -(2) For each subsequent violation for the same specific offense, two hundred fifty dollars ($250) for each underpaid employee for each pay period for which the employee is underpaid regardless of whether the initial violation is intentionally committed. This amount shall be in addition to an amount sufficient to recover underpaid wages, liquidated damages pursuant to Section 1194.2, and any applicable penalties imposed pursuant to Section 203. -(3) Wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203, recovered pursuant to this section shall be paid to the affected employee. -(b) If, upon inspection or investigation, the Labor Commissioner determines that a person has paid or caused to be paid a wage less than the minimum under applicable law, the Labor Commissioner may issue a citation to the person in violation. The citation may be served personally or by registered mail in accordance with subdivision (c) of Section 11505 of the Government Code. Each citation shall be in writing and shall describe the nature of the violation, including reference to the statutory provision alleged to have been violated. The Labor Commissioner shall promptly take all appropriate action, in accordance with this section, to enforce the citation and to recover the civil penalty assessed, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 in connection with the citation. -(c) (1) If a person desires to contest a citation or the proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 therefor, the person shall, within 15 business days after service of the citation, notify the office of the Labor Commissioner that appears on the citation of his or her appeal by a request for an informal hearing. The Labor Commissioner or his or her deputy or agent shall, within 30 days, hold a hearing at the conclusion of which the citation or proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 shall be affirmed, modified, or dismissed. -(2) The decision of the Labor Commissioner shall consist of a notice of findings, findings, and an order, all of which shall be served on all parties to the hearing within 15 days after the hearing by regular first-class mail at the last known address of the party on file with the Labor Commissioner. Service shall be completed pursuant to Section 1013 of the Code of Civil Procedure. Any amount found due by the Labor Commissioner as a result of a hearing shall become due and payable 45 days after notice of the findings and written findings and order have been mailed to the party assessed. A writ of mandate may be taken from this finding to the appropriate superior court. The party shall pay any judgment and costs ultimately rendered by the court against the party for the assessment. The writ shall be taken within 45 days of service of the notice of findings, findings, and order thereon. -(3) As a condition to filing a petition for a writ of mandate, the petitioner seeking the writ shall first post a bond with the Labor Commissioner equal to the total amount of any minimum wages, liquidated damages, and overtime compensation that are due and owing as determined pursuant to subdivision (b) of Section 558, as specified in the citation being challenged. The bond amount shall not include amounts for penalties. The bond shall be issued by a surety duly authorized to do business in this state, shall be issued in favor of unpaid employees, and shall ensure that the petitioner makes payments as set forth in this paragraph. If a decision is entered which affirms or modifies the amounts for minimum wages, liquidated damages, or overtime compensation, the petitioner shall pay the amounts owed for the specified items included in a clerk’s judgment entered under subdivision (f) based on the decision, or pursuant to a court judgment in a writ of mandate proceeding under paragraph (2). If the request for a writ is withdrawn or dismissed without entry of judgment, the petitioner shall pay the amounts owed for the specified items pursuant to the citation, or the administrative decision if a pending writ of mandate is dismissed prior to a court decision, unless the parties have executed a settlement agreement for payment of some other amount. In the case of a settlement agreement, the petitioner shall pay the amount he or she is obligated to pay under the terms of the settlement. -(4) If the employer fails to pay the amount of minimum wages, liquidated damages, or overtime compensation owed within 10 days of the entry of judgment, dismissal or withdrawal of writ, or the execution of a settlement agreement, a portion of the undertaking, described in paragraph (3), equal to the amount owed, or the entire undertaking if the amount owed exceeds the undertaking, shall be forfeited to the employee. -(d) A person to whom a citation has been issued shall, in lieu of contesting a citation pursuant to this section, transmit to the office of the Labor Commissioner designated on the citation the amount specified for the violation within 15 business days after issuance of the citation. -(e) When no petition objecting to a citation or the proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 is filed, a certified copy of the citation or proposed civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the citation or proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203. -(f) When findings and the order thereon are made affirming or modifying a citation or proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 after hearing, a certified copy of these findings and the order entered thereon may be entered by the Labor Commissioner in the office of the clerk of the superior court in any county in which the person assessed has property or in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the certified order. -(g) A judgment entered pursuant to this section shall bear the same rate of interest and shall have the same effect as other judgments and be given the same preference allowed by the law on other judgments rendered for claims for taxes. The clerk shall make no charge for the service provided by this section to be performed by him or her. -(h) In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local minimum wage law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local minimum wage law if the local entity has not cited the employer for the same violation. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation. -(i) The civil penalties provided for in this section are in addition to any other penalty provided by law. -(j) This section shall not apply to any order of the commission relating to household occupations. -(k) This section does not change the applicability of local minimum wage laws to any entity.","Under existing law, any employer or other person acting either individually or as an officer, agent, or employee of another person, who pays or causes to be paid to any employee a wage less than the minimum fixed by applicable state or local law or an order of the Industrial Welfare Commission, is subject to a civil penalty, restitution of wages, liquidated damages payable to the employee, and any applicable specified penalties, as provided. Existing law provides notice and hearing requirements under which a person against whom a citation has been issued can request a hearing to contest proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties. Existing law further provides that after a hearing with the Labor Commissioner, a person contesting a citation may file a writ of mandate, within 45 days, with the appropriate superior court. -This bill would require a person seeking a writ of mandate contesting the Labor Commissioner’s ruling to post a bond with the Labor Commissioner, as specified, in an amount equal to the unpaid wages assessed under the citation, excluding penalties. The bill would require that the bond be issued in favor of the unpaid employees and ensure that the person seeking the writ makes prescribed payments pursuant to the proceedings. The bill would provide that the proceeds of the bond, sufficient to cover the amount owed, would be forfeited to the employee if the employer fails to pay the amounts owed within 10 days from the conclusion of the proceedings, as specified.","An act to amend Section 1197.1 of the Labor Code, relating to employment." -1235,"The people of the State of California do enact as follows: - - -SECTION 1. -(a) The Legislature finds and declares all of the following: -(1) California’s dominance in many economic areas is based, in part, on the significant role small businesses play in the state’s $2.3 trillion economy. -(2) Business owners with no employees make up the single largest component of businesses in California, 2.8 million out of an estimated 3.5 million businesses in 2010. -(3) Nearly 90 percent of all businesses with employees have fewer than 20 employees, employing 37 percent of all workers in 2012. -(4) Research by the United States Census Bureau and the Ewing Marion Kauffman Foundation confirm that job growth is greater among businesses with fewer than 20 employees. -(5) California’s nonemployer and small employer firms create jobs, generate tax revenue, and revitalize communities. -(b) It is the intent of the Legislature that the state set and implement a 25 percent small business participation goal for state procurement and contracting. -SEC. 2. -Section 14838 of the Government Code is amended to read: -14838. -In order to facilitate the participation of small business, including microbusiness, in the provision of goods, information technology, and services to the state, and in the construction, including alteration, demolition, repair, or improvement, of state facilities, the directors of the department and other state agencies that enter those contracts, each within their respective areas of responsibility, shall do all of the following: -(a) Establish goals, consistent with those established by the Office of Small Business Certification and Resources, for the extent of participation of small businesses, including microbusinesses, in the provision of goods, information technology, and services to the state, and in the construction of state facilities. Each state agency that is required to make a report to the Director of General Services pursuant to subdivision (f) of Section 14838.1 shall include the goals in its report. The director shall also include the goals in the department report made pursuant to Section 10111 of the Public Contract Code. -(b) Provide for small business preference, or nonsmall business preference for bidders that provide for small business and microbusiness subcontractor participation, in the award of contracts for goods, information technology, services, and construction, as follows: -(1) In solicitations where an award is to be made to the lowest responsible bidder meeting specifications, the preference to small business and microbusiness shall be 5 percent of the lowest responsible bidder meeting specifications. The preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation shall be, up to a maximum of 5 percent of the lowest responsible bidder meeting specifications, determined according to rules and regulations established by the Department of General Services. -(2) In solicitations where an award is to be made to the highest scored bidder based on evaluation factors in addition to price, the preference to small business or microbusiness shall be 5 percent of the highest responsible bidder’s total score. The preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation shall be up to a maximum 5 percent of the highest responsible bidder’s total score, determined according to rules and regulations established by the Department of General Services. -(3) The preferences under paragraphs (1) and (2) shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements. -(4) The preference under paragraph (1) shall not exceed fifty thousand dollars ($50,000) for any bid, and the combined cost of preferences granted pursuant to paragraph (1) and any other provision of law shall not exceed one hundred thousand dollars ($100,000). In bids in which the state has reserved the right to make multiple awards, this fifty thousand dollar ($50,000) maximum preference cost shall be applied, to the extent possible, so as to maximize the dollar participation of small businesses, including microbusinesses, in the contract award. -(c) Give special consideration to small businesses and microbusinesses by both: -(1) Reducing the experience required. -(2) Reducing the level of inventory normally required. -(d) Give special assistance to small businesses and microbusinesses in the preparation and submission of the information requested in Section 14310. -(e) Under the authorization granted in Section 10163 of the Public Contract Code, make awards, whenever feasible, to small business and microbusiness bidders for each project bid upon within their prequalification rating. This may be accomplished by dividing major projects into subprojects so as to allow a small business or microbusiness contractor to qualify to bid on these subprojects. -(f) Small business and microbusiness bidders qualified in accordance with this chapter shall have precedence over nonsmall business bidders in that the application of a bidder preference for which nonsmall business bidders may be eligible under this section or any other provision of law shall not result in the denial of the award to a small business or microbusiness bidder. In the event of a precise tie between the low responsible bid of a bidder meeting specifications of a small business or microbusiness, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business or microbusiness, the contract shall be awarded to the disabled veteran-owned small business or microbusiness. This provision applies if the small business or microbusiness bidder is the lowest responsible bidder, as well as if the small business or microbusiness bidder is eligible for award as the result of application of the small business and microbusiness bidder preference granted by subdivision (b). -SEC. 3. -Section 10111 of the Public Contract Code is amended to read: -10111. -Commencing January 1, 2007, the department shall make available a report on contracting activity containing the following information: -(a) A listing of consulting services contracts that the state has entered into during the previous fiscal year. The listing shall include the following: -(1) The name and identification number of each contractor. -(2) The type of bidding entered into, the number of bidders, whether the low bidder was accepted, and if the low bidder was not accepted, an explanation of why another contractor was selected. -(3) The amount of the contract price. -(4) Whether the contract was a noncompetitive bid contract, and why the contract was a noncompetitive bid contract. -(5) Justification for entering into each consulting services contract. -(6) The purpose of the contract and the potential beneficiaries. -(7) The date when the initial contract was signed, and the date when the work began and was completed. -(b) The report shall also include a separate listing of consultant contracts completed during that fiscal year, with the same information specified in subdivision (a). -(c) The information specified in subdivisions (a) and (b) shall also include a list of any contracts underway during that fiscal year on which a change was made regarding the following: -(1) The completion date of the contract. -(2) The amount of money to be received by the contractor, if it exceeds 3 percent of the original contract price. -(3) The purpose of the contract or duties of the contractor. A brief explanation shall be given if the change in purpose is significant. -(d) The level of participation, by agency, of disabled veteran business enterprises in statewide contracting and shall include dollar values of contract award for the following categories: -(1) Construction. -(2) Architectural, engineering, and other professional services. -(3) Procurement of materials, supplies, and equipment. -(4) Information technology procurements. -Additionally, the report shall include a statistical summary detailing each awarding department’s goal achievement and a statewide total of those goals. -(e) The level of participation by small business in state contracting including: -(1) Upon request, an up-to-date list of eligible small business bidders by general procurement and construction contract categories, noting company names and addresses and also noting which small businesses also qualify as microbusinesses. -(2) (A) By general procurement and construction contract categories, statistics comparing the small business and microbusiness contract participation dollars to the total state contract participation dollars. -(B) To the extent feasible, beginning -in 2018, -with the report issued in 2018 covering contracting activity in the 2017–18 fiscal year, -the information required to be included pursuant to subparagraph (A) also shall be provided by prime contractor and subcontractor, separately. -(3) (A) By awarding department and general procurement and construction categories, statistics comparing the small business and microbusiness contract participation dollars to the total state contract participation dollars. -(B) To the extent feasible, beginning -in 2018, -with the report issued in 2018 covering contracting activity in the 2017–18 fiscal year, -the information required to be included pursuant to subparagraph (A) also shall be provided by prime contractor and subcontractor, separately. -(4) Any recommendations for changes in statutes or state policies to improve opportunities for small businesses and microbusinesses. -(5) A statistical summary of small businesses and microbusinesses certified for state contracting by the number of employees at the business for each of the following categories: 0–5, -6–20, 21–50, and 51 -0–20, and 21 -to 100. -(6) To the extent feasible, beginning -in the year 2008, -with the report issued in 2018 covering contracting activity in the 2017–18 fiscal year, -the number of contracts awarded by the department in the categories specified in paragraph (5). -(7) The number of contracts and dollar amounts awarded annually pursuant to Section 14838.5 of the Government Code to small businesses, microbusinesses, and disabled veteran business enterprises. -(f) The level of participation of business enterprises, by race, ethnicity, and gender of the owner, in contracts to the extent that the information has been voluntarily reported to the department. In addition, the report shall contain the levels of participation of business enterprises, by race, ethnicity, and gender of the owner, and whether the business is a lesbian, gay, bisexual, or transgender owned business for the following categories of contracts, to the extent that the information has been voluntarily reported to the department: -(1) Construction. -(2) Purchases of materials, supplies, or equipment. -(3) Professional services. -(g) For purposes of this section, “subcontractor” and “prime contractor” shall have the same meaning as those terms are defined in Section 4113. -(h) The amendments made to this section by Chapter 861 of the Statutes of 2012 shall apply on and after January 1, 2013.","Existing law requires the Director of the Department of General Services and the directors of other state agencies to establish goals for the participation of small businesses, including microbusinesses, in the provision of goods, information technology, and services to the state, and in the construction of state facilities. -This bill would state the intent of the Legislature to set and implement a 25% small business participation goal for state procurement and contracting. -Existing law requires each state agency that was awarded any contract financed with the proceeds of the infrastructure-related bond acts of 2006 in the previous fiscal year to report to the Director of General Services statistics comparing the small business and microbusiness participation dollars for contracts funded by these bonds to the total contract dollars for contracts funded by the bonds. -This bill would require that the goals established by the agency director for the participation of small businesses, as described above, be reported to the director in that report. -Existing law requires the department to make available a report on contracting that contains information on the level of participation by small businesses in state contracting. -The bill would also require the goals established by the director for the participation of small businesses, as described above, to be included in that report. The bill would also -require that, -require, -to the extent feasible, beginning -in 2018, -with the report issued in 2018 covering contracting activity in the 2017–18 fiscal year, -that specified information in the report about the participation of small businesses be provided by prime contractor and subcontractor, separately. The bill would define subcontractor and prime contractor for purposes of these provisions. -The bill would also revise the categories, defined by the number of employees, by which a statistical summary relating to small and microbusinesses is required to be reported, and, to the extent feasible, beginning with the report issued in 2018 covering contracting activity in the 2017–18 fiscal year, the number of contracts awarded by the department in those categories.","An act to amend Section 14838 of the Government Code, and to amend Section 10111 of the Public Contract Code, relating to public contracting." -1236,"The people of the State of California do enact as follows: - - -SECTION 1. -Section 12012.75 of the Government Code is amended to read: -12012.75. -There is hereby created in the State Treasury a special fund called the “Indian Gaming Revenue Sharing Trust Fund” for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts for the purpose of making distributions to eligible recipient Indian tribes. Moneys in the Indian Gaming Revenue Sharing Trust Fund shall be available to the California Gambling Control Commission, upon appropriation by the Legislature, for the purpose of making distributions to eligible recipient Indian tribes, in accordance with distribution plans specified in tribal-state gaming compacts. -SEC. 2. -Section 12012.90 of the Government Code is amended to read: -12012.90. -For each fiscal year commencing with the 2016–17 fiscal year, all of the following shall apply: -(a) On or before the day of the May budget revision for each fiscal year, the California Gambling Control Commission shall determine the anticipated total amount of shortfalls in payment likely to occur in the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year, and shall provide to the committee in the Senate and Assembly that considers the State Budget an estimate of the amount needed to transfer from the Indian Gaming Special Distribution Fund to backfill the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year. The anticipated total amount of shortfalls to be transferred from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund shall be determined by the California Gambling Control Commission as follows: -(1) The anticipated number of eligible recipient Indian tribes that will be eligible to receive payments for the next fiscal year, multiplied by one million one hundred thousand dollars ($1,100,000), with that product reduced by the amount anticipated to be paid by the tribes directly into the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year. -(2) For purposes of this section and Section 12012.75, “eligible recipient Indian tribe” means a noncompact, nongaming, or limited-gaming tribe, as defined in the tribal-state gaming compacts ratified and in effect as provided in subdivision (f) of Section 19 of Article IV of the California Constitution. -(3) This amount shall be based upon actual payments received into the Indian Gaming Revenue Sharing Trust Fund the previous fiscal year, with adjustments made due to amendments to existing tribal-state gaming compacts or newly executed tribal-state gaming compacts with respect to payments to be made to the Indian Gaming Revenue Sharing Trust Fund. -(b) The Legislature shall transfer from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund an amount sufficient for each eligible recipient Indian tribe to receive a total not to exceed two hundred seventy-five thousand dollars ($275,000) for each quarter in the next fiscal year that an eligible recipient Indian tribe is eligible to receive moneys, for a total not to exceed one million one hundred thousand dollars ($1,100,000) for the entire fiscal year. The California Gambling Control Commission shall make quarterly payments from the Indian Gaming Revenue Sharing Trust Fund to each eligible recipient Indian tribe within 45 days of the end of each fiscal quarter. -(c) If the transfer of funds from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund results in a surplus, the funds shall remain in the Indian Gaming Revenue Sharing Trust Fund for disbursement in future years, and if necessary, adjustments shall be made to future distributions from the Indian Gaming Special Distribution Fund to the Revenue Sharing Trust Fund. -(d) In the event the amount appropriated for the fiscal year is insufficient to ensure each eligible recipient Indian tribe receives the total of two hundred seventy-five thousand dollars ($275,000) for each fiscal quarter, the Department of Finance, after consultation with the California Gambling Control Commission, shall submit to the Legislature a request for a budget augmentation for the current fiscal year with an explanation as to the reason why the amount appropriated for the fiscal year was insufficient. -(e) At the end of each fiscal quarter, the California Gambling Control Commission’s Indian Gaming Revenue Sharing Trust Fund report shall include information that identifies each of the eligible recipient Indian tribes for that fiscal quarter, the amount paid into the Indian Gaming Revenue Sharing Trust Fund by each of the tribes pursuant to the applicable sections of the tribal-state gaming compact, provided that tribes contributing on a net win or gross gaming revenue basis may be aggregated in the report, and the amount necessary to backfill from the Indian Gaming Special Distribution Fund the shortfall in the Indian Gaming Revenue Sharing Trust Fund in order for each eligible recipient Indian tribe to receive the total of two hundred seventy-five thousand dollars ($275,000) for the fiscal quarter.","Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes. -Existing law establishes the Indian Gaming Revenue Sharing Trust Fund within the State Treasury for the receipt and deposit of moneys derived from gaming device license fees that are received from tribes pursuant to the terms of tribal-state gaming compacts for the purpose of making distributions to noncompact tribes. Existing law provides that moneys in that fund are available to the California Gambling Control Commission, upon appropriation by the Legislature, for the purpose of making those distributions in accordance with plans specified in tribal-state gaming compacts. -This bill would clarify that the purpose of the fund is for making distributions to eligible recipient Indian tribes. -Existing law requires the California Gambling Control Commission to, on or before the day of the May budget revision for each fiscal year, determine the anticipated total amount of shortfalls in payment likely to occur in the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year, and to provide to the committee in the Senate and Assembly that considers the State Budget an estimate of the amount needed to transfer from the Indian Gaming Special Distribution Fund to backfill the Indian Gaming Revenue Sharing Trust Fund for the next fiscal year. Existing law requires, at the end of each fiscal quarter, the commission’s Indian Gaming Revenue Sharing Trust Fund report to include specified information, including, among other things, the amount paid into the Indian Gaming Revenue Sharing Trust Fund by each of the tribes pursuant to the applicable sections of the tribal-state gaming compact. -This bill would provide that tribes contributing to the Indian Gaming Revenue Sharing Trust Fund on a net win or gross gaming revenue basis may be aggregated in the quarterly report described above. -Existing law requires the California Gambling Control Commission to determine the amount of money needed to be transferred from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund to ensure that each eligible recipient Indian tribe receives a specified amount of the funds. Existing law defines “eligible recipient tribe” for those purposes to mean a noncompact tribe, as defined in the tribal-state gaming compacts ratified and in effect, as specified. Those compacts define “noncompact tribe” to mean a federally recognized tribe that operates fewer than 350 gaming devices. -This bill would clarify that “eligible recipient Indian tribe” means a noncompact, nongaming, or limited-gaming tribe, as defined in the tribal-state gaming compacts ratified and in effect, as provided. The bill would delete other related, obsolete provisions.","An act to amend Sections 12012.75 and 12012.90 of the Government Code, relating to gaming." diff --git a/sdk/python/endpoints/batch/bart-text-summarization/environment/conda.yml b/sdk/python/endpoints/batch/bart-text-summarization/environment/conda.yml index 52ccb76f18..f62c6fb8c6 100644 --- a/sdk/python/endpoints/batch/bart-text-summarization/environment/conda.yml +++ b/sdk/python/endpoints/batch/bart-text-summarization/environment/conda.yml @@ -2,10 +2,11 @@ name: huggingface-env channels: - conda-forge dependencies: - - python=3.7 + - python=3.8 - pip - pip: - tensorflow + - keras==2.9 - transformers - datasets - azureml-core diff --git a/sdk/python/endpoints/batch/custom-output-batch.ipynb b/sdk/python/endpoints/batch/custom-output-batch.ipynb index 4f15d56788..0f6deba6d1 100644 --- a/sdk/python/endpoints/batch/custom-output-batch.ipynb +++ b/sdk/python/endpoints/batch/custom-output-batch.ipynb @@ -10,11 +10,26 @@ } }, "source": [ - "# Batch deployments with a custom output\n", + "# Customize outputs in batch deployments\n", "\n", "Sometimes you need to execute inference having a higher control of what is being written as output of the batch job. Batch Deployments allow you to take control of the output of the jobs by allowing you to write directly to the output of the batch deployment job. In this tutorial, we'll see how to deploy a model to perform batch inference and writes the outputs in parquet format by appending the predictions to the original input data." ] }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "This notebook requires:\n", + "\n", + "* `azure-ai-ml`\n", + "* `mlflow`\n", + "* `azureml-mlflow`\n", + "* `lightgbm==1.5.2`\n", + "* `numpy`\n", + "* `pandas`\n", + "* `pyarrow`" + ] + }, { "cell_type": "markdown", "metadata": {}, @@ -32,6 +47,7 @@ "metadata": {}, "outputs": [], "source": [ + "from time import sleep\n", "from azure.ai.ml import MLClient, Input\n", "from azure.ai.ml.entities import (\n", " BatchEndpoint,\n", @@ -72,6 +88,7 @@ }, "outputs": [], "source": [ + "# enter details of your AML workspace\n", "subscription_id = \"\"\n", "resource_group = \"\"\n", "workspace = \"\"" @@ -209,7 +226,33 @@ "\n", "### 3.1 Configure the endpoint\n", "\n", - "First, let's create the endpoint that is going to host the batch deployments. Remember that each endpoint can host multiple deployments at any time." + "First, let's create the endpoint that is going to host the batch deployments. To ensure that our endpoint name is unique, let's create a random suffix to append to it. \n", + "\n", + "> In general, you won't need to use this technique but you will use more meaningful names. Please skip the following cell if your case:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "import random\n", + "import string\n", + "\n", + "# Creating a unique endpoint name by including a random suffix\n", + "allowed_chars = string.ascii_lowercase + string.digits\n", + "endpoint_suffix = \"\".join(random.choice(allowed_chars) for x in range(5))\n", + "endpoint_name = \"heart-classifier-\" + endpoint_suffix\n", + "\n", + "print(f\"Endpoint name: {endpoint_name}\")" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "Let's configure the endpoint:" ] }, { @@ -228,15 +271,8 @@ }, "outputs": [], "source": [ - "import random\n", - "import string\n", - "\n", - "# Creating a unique endpoint name by including a random suffix\n", - "allowed_chars = string.ascii_lowercase + string.digits\n", - "endpoint_suffix = \"\".join(random.choice(allowed_chars) for x in range(5))\n", - "\n", "endpoint = BatchEndpoint(\n", - " name=\"heart-classifier-\" + endpoint_suffix,\n", + " name=endpoint_name,\n", " description=\"A heart condition classifier for batch inference\",\n", ")" ] @@ -402,7 +438,7 @@ "source": [ "from time import sleep\n", "\n", - "print(\"Waiting for compute\", end=\"\")\n", + "print(f\"Waiting for compute {compute_name}\", end=\"\")\n", "while ml_client.compute.get(name=compute_name).provisioning_state == \"Creating\":\n", " sleep(1)\n", " print(\".\", end=\"\")\n", @@ -517,6 +553,40 @@ "ml_client.batch_deployments.begin_create_or_update(deployment).result()" ] }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "Once created, let's configure this new deployment as the default one:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "endpoint = ml_client.batch_endpoints.get(endpoint_name)\n", + "endpoint.defaults.deployment_name = deployment.name\n", + "ml_client.batch_endpoints.begin_create_or_update(endpoint).result()" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "We can see the endpoint URL as follows:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "print(f\"The default deployment is {endpoint.defaults.deployment_name}\")" + ] + }, { "cell_type": "markdown", "metadata": { @@ -579,6 +649,20 @@ "Let's get a reference of the new data asset:" ] }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "print(f\"Waiting for data asset {dataset_name}\", end=\"\")\n", + "while not any(filter(lambda m: m.name == dataset_name, ml_client.data.list())):\n", + " sleep(10)\n", + " print(\".\", end=\"\")\n", + "\n", + "print(\" [DONE]\")" + ] + }, { "cell_type": "code", "execution_count": null, @@ -697,6 +781,27 @@ "ml_client.jobs.get(job.name)" ] }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "We can wait for the job to finish using the following code:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "print(f\"Waiting for batch deployment job {job.name}\", end=\"\")\n", + "while ml_client.jobs.get(name=job.name).status not in [\"Completed\", \"Failed\"]:\n", + " sleep(10)\n", + " print(\".\", end=\"\")\n", + "\n", + "print(\" [DONE]\")" + ] + }, { "cell_type": "markdown", "metadata": { @@ -711,6 +816,22 @@ "\n", "#### 4.7.1 Download the results\n", "\n", + "The deployment creates a child job that executes the scoring. We can get the details of it using the following code:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "scoring_job = list(ml_client.jobs.list(parent_job_name=job.name))[0]" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ "The outputs generated by the deployment job will be placed in an output named `score`:" ] }, @@ -730,16 +851,7 @@ }, "outputs": [], "source": [ - "while ml_client.jobs.get(job.name).status not in [\n", - " \"Completed\",\n", - " \"Failed\",\n", - " \"Paused\",\n", - " \"NotResponding\",\n", - " \"Canceled\",\n", - "]:\n", - " sleep(10)\n", - " print(\".\", end=\"\")\n", - "ml_client.jobs.download(name=job.name, download_path=\".\", output_name=\"score\")" + "ml_client.jobs.download(name=scoring_job.name, download_path=\".\", output_name=\"score\")" ] }, { @@ -768,10 +880,28 @@ "import pandas as pd\n", "import glob\n", "\n", - "output_files = glob.glob(\"./*.parquet\")\n", + "output_files = glob.glob(\"named-outputs/score/*.parquet\")\n", "score = pd.concat((pd.read_parquet(f) for f in output_files))\n", "score" ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "## 5. Clean up resources\n", + "\n", + "Clean-up the resources created. " + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "ml_client.batch_endpoints.begin_delete(endpoint_name)" + ] } ], "metadata": { @@ -779,9 +909,9 @@ "name": "amlv2" }, "kernelspec": { - "display_name": "Python 3.10 - SDK V2", + "display_name": "Python 3.8.15 ('aml-py38')", "language": "python", - "name": "python310-sdkv2" + "name": "python3" }, "language_info": { "codemirror_mode": { @@ -793,14 +923,14 @@ "name": "python", "nbconvert_exporter": "python", "pygments_lexer": "ipython3", - "version": "3.10.7" + "version": "3.8.15" }, "nteract": { "version": "nteract-front-end@1.0.0" }, "vscode": { "interpreter": { - "hash": "97244a77a34cba5e2b1e39283dc2fb6fff847d184db3eb48522848cc6c29e077" + "hash": "8d732042e5e620df2ddb4aad7f460808ed1754fa045785bdb47941e58456b253" } } }, diff --git a/sdk/python/endpoints/batch/heart-classifier-mlflow/code/score.py b/sdk/python/endpoints/batch/heart-classifier-mlflow/code/batch_driver.py similarity index 100% rename from sdk/python/endpoints/batch/heart-classifier-mlflow/code/score.py rename to sdk/python/endpoints/batch/heart-classifier-mlflow/code/batch_driver.py diff --git a/sdk/python/endpoints/batch/heart-classifier-mlflow/model/MLmodel b/sdk/python/endpoints/batch/heart-classifier-mlflow/model/MLmodel index 0b4af68b41..ec4997ca7c 100644 --- a/sdk/python/endpoints/batch/heart-classifier-mlflow/model/MLmodel +++ b/sdk/python/endpoints/batch/heart-classifier-mlflow/model/MLmodel @@ -12,11 +12,11 @@ flavors: model_uuid: 04bd660a1b8b4b1e84b9198c46cfd117 run_id: 22874b7e-b069-43f0-b90c-1c57793c7854 signature: - inputs: '[{"name": "age", "type": "long"}, {"name": "sex", "type": "long"}, {"name": - "cp", "type": "long"}, {"name": "trestbps", "type": "long"}, {"name": "chol", - "type": "long"}, {"name": "fbs", "type": "long"}, {"name": "restecg", "type": - "long"}, {"name": "thalach", "type": "long"}, {"name": "exang", "type": "long"}, - {"name": "oldpeak", "type": "double"}, {"name": "slope", "type": "long"}, {"name": - "ca", "type": "long"}, {"name": "thal", "type": "string"}]' + inputs: '[{"name": "age", "type": "long"}, {"name": "sex", "type": "long"}, + {"name": "cp", "type": "long"}, {"name": "trestbps", "type": "long"}, {"name": + "chol", "type": "long"}, {"name": "fbs", "type": "long"}, {"name": "restecg", + "type": "long"}, {"name": "thalach", "type": "long"}, {"name": "exang", "type": + "long"}, {"name": "oldpeak", "type": "double"}, {"name": "slope", "type": "long"}, + {"name": "ca", "type": "long"}, {"name": "thal", "type": "string"}]' outputs: '[{"type": "long"}]' utc_time_created: '2022-10-13 00:55:57.543663' diff --git a/sdk/python/endpoints/batch/heart-classifier-mlflow/model/requirements.txt b/sdk/python/endpoints/batch/heart-classifier-mlflow/model/requirements.txt index 74f08e95af..2c6d307cc8 100644 --- a/sdk/python/endpoints/batch/heart-classifier-mlflow/model/requirements.txt +++ b/sdk/python/endpoints/batch/heart-classifier-mlflow/model/requirements.txt @@ -11,5 +11,5 @@ tblib==1.7.0 toolz==0.11.2 typing-extensions==4.1.1 uuid==1.30 -xgboost==1.3.3 +xgboost==1.4.2 xxhash==3.0.0 \ No newline at end of file diff --git a/sdk/python/endpoints/batch/imagenet-classifier-batch.ipynb b/sdk/python/endpoints/batch/imagenet-classifier-batch.ipynb index b904fa1173..8cc9224cb7 100644 --- a/sdk/python/endpoints/batch/imagenet-classifier-batch.ipynb +++ b/sdk/python/endpoints/batch/imagenet-classifier-batch.ipynb @@ -20,6 +20,21 @@ "The following notebook demostrates how to use batch endpoints to deploy models that work with images. Particularly, we are going to deploy a TensorFlow model for the popular ImageNet classification problem." ] }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "This notebook requires:\n", + "\n", + "- `tensorflow`\n", + "- `tensorflow_hub`\n", + "- `pillow`\n", + "- `azure-ai-ml`\n", + "- `azureml-mlflow`\n", + "- `pandas`\n", + "- `scipy`" + ] + }, { "cell_type": "markdown", "metadata": {}, @@ -33,7 +48,7 @@ }, { "cell_type": "code", - "execution_count": 3, + "execution_count": null, "metadata": {}, "outputs": [], "source": [ @@ -81,7 +96,7 @@ }, { "cell_type": "code", - "execution_count": 7, + "execution_count": null, "metadata": { "jupyter": { "outputs_hidden": false, @@ -331,7 +346,7 @@ }, { "cell_type": "code", - "execution_count": 5, + "execution_count": null, "metadata": { "jupyter": { "outputs_hidden": false, @@ -350,7 +365,7 @@ }, { "cell_type": "code", - "execution_count": 8, + "execution_count": null, "metadata": { "jupyter": { "outputs_hidden": false, @@ -386,7 +401,7 @@ }, { "cell_type": "code", - "execution_count": 9, + "execution_count": null, "metadata": { "jupyter": { "outputs_hidden": false, @@ -426,12 +441,14 @@ "\n", "### 3.1 Configure the endpoint\n", "\n", - "First, let's create the endpoint that is going to host the batch deployments. Remember that each endpoint can host multiple deployments at any time, however, only one of them is the default one:" + "First, let's create the endpoint that is going to host the batch deployments. To ensure that our endpoint name is unique, let's create a random suffix to append to it. \n", + "\n", + "> In general, you won't need to use this technique but you will use more meaningful names. Please skip the following cell if your case:" ] }, { "cell_type": "code", - "execution_count": 11, + "execution_count": null, "metadata": { "jupyter": { "outputs_hidden": false, @@ -451,11 +468,25 @@ "# Creating a unique endpoint name by including a random suffix\n", "allowed_chars = string.ascii_lowercase + string.digits\n", "endpoint_suffix = \"\".join(random.choice(allowed_chars) for x in range(5))\n", - "endpoint_name = \"imagenet-classifier-\" + endpoint_suffix\n", - "\n", + "endpoint_name = \"imagenet-classifier-\" + endpoint_suffix" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "Let's configure the endpoint:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ "endpoint = BatchEndpoint(\n", " name=endpoint_name,\n", - " description=\"An batch service to perform imagenet image classification\",\n", + " description=\"An batch service to perform ImageNet image classification\",\n", ")" ] }, @@ -483,7 +514,7 @@ }, "outputs": [], "source": [ - "ml_client.batch_endpoints.begin_create_or_update(endpoint)" + "ml_client.batch_endpoints.begin_create_or_update(endpoint).result()" ] }, { @@ -513,7 +544,7 @@ }, "outputs": [], "source": [ - "%%writefile imagenet-classifier/code/imagenet_scorer.py\n", + "%%writefile imagenet-classifier/code/batch_driver.py\n", "\n", "import os\n", "import numpy as np\n", @@ -626,8 +657,6 @@ }, "outputs": [], "source": [ - "from time import sleep\n", - "\n", "print(\"Waiting for compute\", end=\"\")\n", "while ml_client.compute.get(name=compute_name).provisioning_state == \"Creating\":\n", " sleep(1)\n", @@ -729,7 +758,7 @@ " environment=environment,\n", " code_configuration=CodeConfiguration(\n", " code=\"./imagenet-classifier/code/\",\n", - " scoring_script=\"imagenet_scorer.py\",\n", + " scoring_script=\"batch_driver.py\",\n", " ),\n", " compute=compute_name,\n", " instance_count=2,\n", @@ -766,7 +795,7 @@ }, "outputs": [], "source": [ - "ml_client.batch_deployments.begin_create_or_update(deployment)" + "ml_client.batch_deployments.begin_create_or_update(deployment).result()" ] }, { @@ -798,7 +827,7 @@ }, "outputs": [], "source": [ - "!wget https://azuremlexampledata.blob.core.windows.net/data/imagenet-1000.zip\n", + "!wget https://azuremlexampledata.blob.core.windows.net/data/imagenet/imagenet-1000.zip\n", "!unzip imagenet-1000.zip -d /tmp/imagenet-1000" ] }, @@ -855,6 +884,29 @@ "ml_client.data.create_or_update(imagenet_sample)" ] }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "Let's wait for the data asset:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "from time import sleep\n", + "\n", + "print(f\"Waiting for data asset {dataset_name}\", end=\"\")\n", + "while not any(filter(lambda m: m.name == dataset_name, ml_client.data.list())):\n", + " sleep(10)\n", + " print(\".\", end=\"\")\n", + "\n", + "print(\" [DONE]\")" + ] + }, { "cell_type": "markdown", "metadata": { @@ -984,7 +1036,7 @@ "cell_type": "markdown", "metadata": {}, "source": [ - "We can also get the logs of the job:" + "We can wait for the job to finish using the following code:" ] }, { @@ -993,7 +1045,12 @@ "metadata": {}, "outputs": [], "source": [ - "ml_client.jobs.stream(name=job.name)" + "print(f\"Waiting for batch job deployment {job.name}\", end=\"\")\n", + "while ml_client.jobs.get(name=job.name).status not in [\"Completed\", \"Failed\"]:\n", + " sleep(10)\n", + " print(\".\", end=\"\")\n", + "\n", + "print(\" [DONE]\")" ] }, { @@ -1004,7 +1061,7 @@ "\n", "#### 4.7.1 Download the results\n", "\n", - "The outputs generated by the deployment job will be placed in an output named `score`:" + "The deployment creates a child job that executes the scoring. We can get the details of it using the following code:" ] }, { @@ -1023,7 +1080,23 @@ }, "outputs": [], "source": [ - "ml_client.jobs.download(name=job.name, download_path=\".\", output_name=\"score\")" + "scoring_job = list(ml_client.jobs.list(parent_job_name=job.name))[0]" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "The outputs generated by the deployment job will be placed in an output named `score`:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "ml_client.jobs.download(name=scoring_job.name, download_path=\".\", output_name=\"score\")" ] }, { @@ -1094,7 +1167,7 @@ "source": [ "endpoint = ml_client.batch_endpoints.get(endpoint_name)\n", "endpoint.defaults.deployment_name = deployment.name\n", - "ml_client.batch_endpoints.begin_create_or_update(endpoint)" + "ml_client.batch_endpoints.begin_create_or_update(endpoint).result()" ] }, { @@ -1126,7 +1199,8 @@ }, "outputs": [], "source": [ - "endpoint.scoring_uri" + "endpoint = ml_client.batch_endpoints.get(endpoint_name)\n", + "print(f\"The default deployment is {endpoint.defaults.deployment_name}\")" ] }, { @@ -1141,7 +1215,7 @@ "source": [ "## 6. (Optional) High throughput deployments\n", "\n", - "We can achieve high throughput in deployments that score batches of images all at once." + "We can achieve high throughput in deployments that score batches of images all at once instead of iterating one by one over the mini-batch. This kind of deployments can gain 5x of performance on CPU and 20x on a GPU (depending on hardware configuration and batching/parallelization)." ] }, { @@ -1167,7 +1241,7 @@ }, "outputs": [], "source": [ - "%%writefile imagenet-classifier/code/imagenet_scorer_batch.py\n", + "%%writefile imagenet-classifier/code/batch_driver_ht.py\n", "\n", "import os\n", "import numpy as np\n", @@ -1206,7 +1280,11 @@ " pred_prob = tf.math.reduce_max(tf.math.softmax(pred, axis=-1)).numpy()\n", " pred_class = tf.math.argmax(pred, axis=-1).numpy()\n", "\n", - " return pd.DataFrame([mini_batch, pred_prob, pred_class], columns=['file', 'probability', 'class'])" + " return pd.DataFrame({ \n", + " \"file\": mini_batch, \n", + " \"class\": pred_class,\n", + " \"probability\": pred_prob, \n", + " })" ] }, { @@ -1219,7 +1297,7 @@ } }, "source": [ - "### 6.2 Configuring the deployment with the new settings" + "### 6.2 Configuring a new deployment for the high performance inference" ] }, { @@ -1243,10 +1321,10 @@ " description=\"A ResNetV2 model architecture for performing ImageNet classification in batch (High throughput)\",\n", " endpoint_name=endpoint.name,\n", " model=model,\n", - " environment=\"AzureML-tensorflow-2.4-ubuntu18.04-py37-cpu-inference@latest\",\n", + " environment=environment,\n", " code_configuration=CodeConfiguration(\n", " code=\"./imagenet-classifier/code/\",\n", - " scoring_script=\"imagenet_scorer_batch.py\",\n", + " scoring_script=\"batch_driver_ht.py\",\n", " ),\n", " compute=compute_name,\n", " instance_count=2,\n", @@ -1282,7 +1360,7 @@ }, "outputs": [], "source": [ - "ml_client.batch_deployments.begin_create_or_update(ht_deployment)" + "ml_client.batch_deployments.begin_create_or_update(ht_deployment).result()" ] }, { @@ -1302,6 +1380,8 @@ } }, "source": [ + "#### 6.4.1 Execute\n", + "\n", "Let's execute this specific deployment now:" ] }, @@ -1322,107 +1402,58 @@ "outputs": [], "source": [ "job = ml_client.batch_endpoints.invoke(\n", - " endpoint_name=endpoint.name, deployment_name=ht_deployment, input=input\n", + " endpoint_name=endpoint.name, deployment_name=ht_deployment.name, input=input\n", ")" ] }, { "cell_type": "markdown", - "metadata": { - "nteract": { - "transient": { - "deleting": false - } - } - }, + "metadata": {}, "source": [ - "## 7. (Optional) Using MLflow with images\n", - "\n", - "When working with MLflow models that processes images, it is important to take into account for all the preprocessing you model requires.\n", + "#### 6.4.2 Get the details of the invoked job\n", "\n", - "### 7.1 Creating an MLflow model for image classification" + "Let us get details and logs of the invoked job:" ] }, { "cell_type": "code", "execution_count": null, - "metadata": { - "jupyter": { - "outputs_hidden": false, - "source_hidden": false - }, - "nteract": { - "transient": { - "deleting": false - } - } - }, + "metadata": {}, "outputs": [], "source": [ - "import tensorflow_hub as hub\n", - "import tensorflow as tf\n", - "\n", - "model = tf.keras.Sequential(\n", - " [\n", - " tf.keras.layers.Resizing(\n", - " 244, 244, interpolation=\"bilinear\", crop_to_aspect_ratio=False\n", - " ),\n", - " tf.keras.layers.Rescaling(1 / 255.0),\n", - " hub.KerasLayer(\n", - " \"https://tfhub.dev/google/imagenet/resnet_v2_101/classification/5\"\n", - " ),\n", - " tf.keras.layers.Softmax(axis=-1),\n", - " ]\n", - ")\n", - "model.build([None, None, None, 3])" + "ml_client.jobs.get(job.name)" ] }, { "cell_type": "markdown", - "metadata": { - "nteract": { - "transient": { - "deleting": false - } - } - }, + "metadata": {}, "source": [ - "Let's save this model in a local folder" + "We can wait for the job to finish using the following code:" ] }, { "cell_type": "code", "execution_count": null, - "metadata": { - "jupyter": { - "outputs_hidden": false, - "source_hidden": false - }, - "nteract": { - "transient": { - "deleting": false - } - } - }, + "metadata": {}, "outputs": [], "source": [ - "model_local_path = \"imagenet-classifier-mlflow/model\"\n", - "model.save(model_local_path)" + "print(f\"Waiting for batch deployment job {job.name}\", end=\"\")\n", + "while ml_client.jobs.get(name=job.name).status not in [\"Completed\", \"Failed\"]:\n", + " sleep(10)\n", + " print(\".\", end=\"\")\n", + "\n", + "print(\" [DONE]\")" ] }, { "cell_type": "markdown", - "metadata": { - "nteract": { - "transient": { - "deleting": false - } - } - }, + "metadata": {}, "source": [ - "### 7.2 Adding labels to the model predictions\n", + "### 6.5 Exploring the results\n", "\n", - "We are going to include the labels for the predicted class in the directory so we can use them for inference:" + "#### 6.5.1 Download the results\n", + "\n", + "The deployment creates a child job that executes the scoring. We can get the details of it using the following code:" ] }, { @@ -1441,87 +1472,30 @@ }, "outputs": [], "source": [ - "!wget https://azuremlexampledata.blob.core.windows.net/data/imagenet/ImageNetLabels.txt -d imagenet-classifier-mlflow/model" + "scoring_job = list(ml_client.jobs.list(parent_job_name=job.name))[0]" ] }, { "cell_type": "markdown", - "metadata": { - "nteract": { - "transient": { - "deleting": false - } - } - }, + "metadata": {}, "source": [ - "### 7.3 Creating a custom model loader for MLflow\n", - "\n", - "Let's create a custom loader for the MLflow model:" + "The outputs generated by the deployment job will be placed in an output named `score`:" ] }, { "cell_type": "code", "execution_count": null, - "metadata": { - "jupyter": { - "outputs_hidden": false, - "source_hidden": false - }, - "nteract": { - "transient": { - "deleting": false - } - } - }, + "metadata": {}, "outputs": [], "source": [ - "%%writefile imagenet-classifier-mlflow/code/loader_module.py\n", - "\n", - "class TfClassifier():\n", - " def __init__(self, model_path: str, labels_path: str):\n", - " import tensorflow as tf\n", - " import numpy as np\n", - " from tensorflow.keras.models import load_model\n", - " \n", - " self.model = load_model(model_path)\n", - " self.imagenet_labels = np.array(open(labels_path).read().splitlines())\n", - "\n", - " def predict(self, data):\n", - " preds = self.model.predict(data)\n", - "\n", - " pred_prob = tf.reduce_max(preds, axis=-1)\n", - " pred_class = tf.argmax(preds, axis=-1)\n", - " pred_label = [self.imagenet_labels[pred] for pred in pred_class]\n", - "\n", - " return pd.DataFrame([pred_class, pred_prob, pred_label], columns=['class', 'probability', 'label'])\n", - "\n", - "def _load_pyfunc(data_path: str):\n", - " import os\n", - "\n", - " model_path = os.path.abspath(data_path)\n", - " labels_path = os.path.join(model_path, 'ImageNetLabels.txt')\n", - "\n", - " return TfClassifier(model_path, labels_path)" + "ml_client.jobs.download(name=scoring_job.name, download_path=\".\", output_name=\"score\")" ] }, { "cell_type": "markdown", "metadata": {}, "source": [ - "### 7.4 Adding a model signature for images" - ] - }, - { - "cell_type": "markdown", - "metadata": { - "nteract": { - "transient": { - "deleting": false - } - } - }, - "source": [ - "Indicating a signature for your model" + "We can read this data using pandas library:" ] }, { @@ -1540,63 +1514,25 @@ }, "outputs": [], "source": [ - "import numpy as np\n", - "import mlflow\n", - "from mlflow.models.signature import ModelSignature\n", - "from mlflow.types.schema import Schema, TensorSpec\n", + "import pandas as pd\n", "\n", - "input_schema = Schema(\n", - " [\n", - " TensorSpec(np.dtype(np.uint8), (-1, -1, -1, 3)),\n", - " ]\n", + "score = pd.read_csv(\n", + " \"named-outputs/score/predictions.csv\",\n", + " header=None,\n", + " names=[\"file\", \"class\", \"probabilities\"],\n", + " sep=\" \",\n", ")\n", - "signature = ModelSignature(inputs=input_schema)" - ] - }, - { - "cell_type": "markdown", - "metadata": { - "nteract": { - "transient": { - "deleting": false - } - } - }, - "source": [ - "Logging the model:" - ] - }, - { - "cell_type": "code", - "execution_count": null, - "metadata": { - "jupyter": { - "outputs_hidden": false, - "source_hidden": false - }, - "nteract": { - "transient": { - "deleting": false - } - } - }, - "outputs": [], - "source": [ - "mlflow_model_path = \"mlflow-model\"\n", - "mlflow.pyfunc.save_model(\n", - " mlflow_model_path,\n", - " data_path=\"imagenet-classifier-mlflow/model\",\n", - " code_path=[\"imagenet-classifier-mlflow/code/module_loader.py\"],\n", - " loader_module=\"module_loader\",\n", - " signature=signature,\n", - ")" + "score[\"label\"] = score[\"class\"].apply(lambda pred: imagenet_labels[pred])\n", + "score" ] }, { "cell_type": "markdown", "metadata": {}, "source": [ - "### 7.5 Registering the new model" + "## 7. Clean up resources\n", + "\n", + "Clean-up the resources created. " ] }, { @@ -1605,20 +1541,7 @@ "metadata": {}, "outputs": [], "source": [ - "ml_client.models.create_or_update(\n", - " Model(\n", - " name=f\"{model_name}-mlflow\",\n", - " path=mlflow_model_path,\n", - " type=AssetTypes.MLFLOW_MODEL,\n", - " )\n", - ")" - ] - }, - { - "cell_type": "markdown", - "metadata": {}, - "source": [ - "This new model can be used for batch scoring using batch deployments." + "ml_client.batch_endpoints.begin_delete(endpoint_name)" ] } ], @@ -1627,9 +1550,9 @@ "name": "amlv2" }, "kernelspec": { - "display_name": "Python 3.10 - SDK V2", + "display_name": "Python 3.8.15 ('aml-py38')", "language": "python", - "name": "python310-sdkv2" + "name": "python3" }, "language_info": { "codemirror_mode": { @@ -1641,14 +1564,14 @@ "name": "python", "nbconvert_exporter": "python", "pygments_lexer": "ipython3", - "version": "3.11.0" + "version": "3.8.15" }, "nteract": { "version": "nteract-front-end@1.0.0" }, "vscode": { "interpreter": { - "hash": "97244a77a34cba5e2b1e39283dc2fb6fff847d184db3eb48522848cc6c29e077" + "hash": "8d732042e5e620df2ddb4aad7f460808ed1754fa045785bdb47941e58456b253" } } }, diff --git a/sdk/python/endpoints/batch/imagenet-classifier-mlflow/code/loader_module.py b/sdk/python/endpoints/batch/imagenet-classifier-mlflow/code/module_loader.py similarity index 58% rename from sdk/python/endpoints/batch/imagenet-classifier-mlflow/code/loader_module.py rename to sdk/python/endpoints/batch/imagenet-classifier-mlflow/code/module_loader.py index b462e6e70c..4c510b72cc 100644 --- a/sdk/python/endpoints/batch/imagenet-classifier-mlflow/code/loader_module.py +++ b/sdk/python/endpoints/batch/imagenet-classifier-mlflow/code/module_loader.py @@ -1,6 +1,9 @@ +import pandas as pd +import tensorflow as tf + + class TfClassifier: def __init__(self, model_path: str, labels_path: str): - import tensorflow as tf import numpy as np from tensorflow.keras.models import load_model @@ -8,9 +11,16 @@ def __init__(self, model_path: str, labels_path: str): self.imagenet_labels = np.array(open(labels_path).read().splitlines()) def predict(self, data): - results = self.model.predict(data) - return [self.imagenet_labels[pred] for pred in results] + preds = self.model.predict(data) + + pred_prob = tf.reduce_max(preds, axis=-1) + pred_class = tf.argmax(preds, axis=-1) + pred_label = [self.imagenet_labels[pred] for pred in pred_class] + + return pd.DataFrame( + {"class": pred_class, "probability": pred_prob, "label": pred_label} + ) def _load_pyfunc(data_path: str): diff --git a/sdk/python/endpoints/batch/imagenet-classifier/code/imagenet_scorer.py b/sdk/python/endpoints/batch/imagenet-classifier/code/batch_driver.py similarity index 100% rename from sdk/python/endpoints/batch/imagenet-classifier/code/imagenet_scorer.py rename to sdk/python/endpoints/batch/imagenet-classifier/code/batch_driver.py diff --git a/sdk/python/endpoints/batch/imagenet-classifier/code/imagenet_scorer_batch.py b/sdk/python/endpoints/batch/imagenet-classifier/code/batch_driver_ht.py similarity index 89% rename from sdk/python/endpoints/batch/imagenet-classifier/code/imagenet_scorer_batch.py rename to sdk/python/endpoints/batch/imagenet-classifier/code/batch_driver_ht.py index 731d4d9650..12d6a2cff7 100644 --- a/sdk/python/endpoints/batch/imagenet-classifier/code/imagenet_scorer_batch.py +++ b/sdk/python/endpoints/batch/imagenet-classifier/code/batch_driver_ht.py @@ -38,5 +38,9 @@ def run(mini_batch): pred_class = tf.math.argmax(pred, axis=-1).numpy() return pd.DataFrame( - [mini_batch, pred_prob, pred_class], columns=["file", "probability", "class"] + { + "file": mini_batch, + "class": pred_class, + "probability": pred_prob, + } ) diff --git a/sdk/python/endpoints/batch/imagenet-classifier/code/imagenet_scorer_labels.py b/sdk/python/endpoints/batch/imagenet-classifier/code/batch_driver_labels.py similarity index 100% rename from sdk/python/endpoints/batch/imagenet-classifier/code/imagenet_scorer_labels.py rename to sdk/python/endpoints/batch/imagenet-classifier/code/batch_driver_labels.py diff --git a/sdk/python/endpoints/batch/mlflow-for-batch-images.ipynb b/sdk/python/endpoints/batch/mlflow-for-batch-images.ipynb new file mode 100644 index 0000000000..3026342242 --- /dev/null +++ b/sdk/python/endpoints/batch/mlflow-for-batch-images.ipynb @@ -0,0 +1,839 @@ +{ + "cells": [ + { + "cell_type": "markdown", + "metadata": { + "nteract": { + "transient": { + "deleting": false + } + } + }, + "source": [ + "# Use batch deployments for image file processing with MLflow" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "The following notebook demonstrates how to use batch endpoints to deploy MLflow models that work with images. Particularly, we are going to deploy a TensorFlow model for the popular ImageNet classification problem. The MLflow models will be able to receive any image input and do all the require pre-post processing to generate the predictions in the shape and format needed." + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "This notebook requires:\n", + "\n", + "- `tensorflow`\n", + "- `tensorflow_hub`\n", + "- `pillow`\n", + "- `azure-ai-ml`\n", + "- `azureml-mlflow`\n", + "- `pandas`\n", + "- `scipy`" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "## 1. Connect to Azure Machine Learning Workspace\n", + "\n", + "The [workspace](https://docs.microsoft.com/en-us/azure/machine-learning/concept-workspace) is the top-level resource for Azure Machine Learning, providing a centralized place to work with all the artifacts you create when you use Azure Machine Learning. In this section we will connect to the workspace in which the job will be run.\n", + "\n", + "### 1.1. Import the required libraries" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "from azure.ai.ml import MLClient, Input\n", + "from azure.ai.ml.entities import (\n", + " BatchEndpoint,\n", + " BatchDeployment,\n", + " Model,\n", + " AmlCompute,\n", + " Data,\n", + " BatchRetrySettings,\n", + " CodeConfiguration,\n", + " Environment,\n", + ")\n", + "from azure.ai.ml.constants import AssetTypes, BatchDeploymentOutputAction\n", + "from azure.identity import DefaultAzureCredential" + ] + }, + { + "cell_type": "markdown", + "metadata": { + "nteract": { + "transient": { + "deleting": false + } + } + }, + "source": [ + "### 1.2. Configure workspace details and get a handle to the workspace\n", + "\n", + "To connect to a workspace, we need identifier parameters - a subscription, resource group and workspace name. We will use these details in the `MLClient` from `azure.ai.ml` to get a handle to the required Azure Machine Learning workspace. We use the default [default azure authentication](https://docs.microsoft.com/en-us/python/api/azure-identity/azure.identity.defaultazurecredential?view=azure-python) for this tutorial. Check the [configuration notebook](../../jobs/configuration.ipynb) for more details on how to configure credentials and connect to a workspace." + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "# enter details of your AML workspace\n", + "subscription_id = \"\"\n", + "resource_group = \"\"\n", + "workspace = \"\"" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": { + "jupyter": { + "outputs_hidden": false, + "source_hidden": false + }, + "nteract": { + "transient": { + "deleting": false + } + } + }, + "outputs": [], + "source": [ + "ml_client = MLClient(\n", + " DefaultAzureCredential(), subscription_id, resource_group, workspace\n", + ")" + ] + }, + { + "cell_type": "markdown", + "metadata": { + "nteract": { + "transient": { + "deleting": false + } + } + }, + "source": [ + "## 2. Using MLflow with images\n", + "\n", + "When working with MLflow models that processes images, it is important to take into account that you won't be providing an scoring script. Hence, any data transformation that needs to be done before actually running the classifier needs to be done inside the model itself. Fortunately, you can design models that can compute these transformations:\n", + "\n", + "### 2.1 Creating an MLflow model for image classification\n", + "\n", + "The following example shows how to create a TensorFlow model that takes images of any size and preprocess them using keras layers." + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": { + "jupyter": { + "outputs_hidden": false, + "source_hidden": false + }, + "nteract": { + "transient": { + "deleting": false + } + } + }, + "outputs": [], + "source": [ + "import tensorflow_hub as hub\n", + "import tensorflow as tf\n", + "\n", + "model = tf.keras.Sequential(\n", + " [\n", + " tf.keras.layers.Resizing(\n", + " 244, 244, interpolation=\"bilinear\", crop_to_aspect_ratio=False\n", + " ),\n", + " tf.keras.layers.Rescaling(1 / 255.0),\n", + " hub.KerasLayer(\n", + " \"https://tfhub.dev/google/imagenet/resnet_v2_101/classification/5\"\n", + " ),\n", + " tf.keras.layers.Softmax(axis=-1),\n", + " ]\n", + ")\n", + "model.build([None, None, None, 3])" + ] + }, + { + "cell_type": "markdown", + "metadata": { + "nteract": { + "transient": { + "deleting": false + } + } + }, + "source": [ + "Let's save this model in a local folder" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": { + "jupyter": { + "outputs_hidden": false, + "source_hidden": false + }, + "nteract": { + "transient": { + "deleting": false + } + } + }, + "outputs": [], + "source": [ + "model_local_path = \"imagenet-classifier-mlflow/model\"\n", + "model.save(model_local_path)" + ] + }, + { + "cell_type": "markdown", + "metadata": { + "nteract": { + "transient": { + "deleting": false + } + } + }, + "source": [ + "### 2.2 Adding labels to the model predictions\n", + "\n", + "We are going to include the labels for the predicted class in the directory so we can use them for inference:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": { + "jupyter": { + "outputs_hidden": false, + "source_hidden": false + }, + "nteract": { + "transient": { + "deleting": false + } + } + }, + "outputs": [], + "source": [ + "!wget https://azuremlexampledata.blob.core.windows.net/data/imagenet/ImageNetLabels.txt -P imagenet-classifier-mlflow/model" + ] + }, + { + "cell_type": "markdown", + "metadata": { + "nteract": { + "transient": { + "deleting": false + } + } + }, + "source": [ + "### 2.3 Creating a custom model loader for MLflow\n", + "\n", + "Let's create a custom loader for the MLflow model:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": { + "jupyter": { + "outputs_hidden": false, + "source_hidden": false + }, + "nteract": { + "transient": { + "deleting": false + } + } + }, + "outputs": [], + "source": [ + "%%writefile imagenet-classifier-mlflow/code/module_loader.py\n", + "\n", + "import pandas as pd\n", + "import tensorflow as tf\n", + "\n", + "class TfClassifier():\n", + " def __init__(self, model_path: str, labels_path: str):\n", + " import numpy as np\n", + " from tensorflow.keras.models import load_model\n", + " \n", + " self.model = load_model(model_path)\n", + " self.imagenet_labels = np.array(open(labels_path).read().splitlines())\n", + "\n", + " def predict(self, data):\n", + "\n", + " preds = self.model.predict(data)\n", + "\n", + " pred_prob = tf.reduce_max(preds, axis=-1)\n", + " pred_class = tf.argmax(preds, axis=-1)\n", + " pred_label = [self.imagenet_labels[pred] for pred in pred_class]\n", + "\n", + " return pd.DataFrame({\n", + " \"class\": pred_class, \n", + " \"probability\": pred_prob,\n", + " \"label\": pred_label\n", + " })\n", + "\n", + "def _load_pyfunc(data_path: str):\n", + " import os\n", + "\n", + " model_path = os.path.abspath(data_path)\n", + " labels_path = os.path.join(model_path, \"ImageNetLabels.txt\")\n", + "\n", + " return TfClassifier(model_path, labels_path)" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "### 2.4 Adding a model signature for images" + ] + }, + { + "cell_type": "markdown", + "metadata": { + "nteract": { + "transient": { + "deleting": false + } + } + }, + "source": [ + "Indicating a signature for your model" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": { + "jupyter": { + "outputs_hidden": false, + "source_hidden": false + }, + "nteract": { + "transient": { + "deleting": false + } + } + }, + "outputs": [], + "source": [ + "import numpy as np\n", + "import mlflow\n", + "from mlflow.models.signature import ModelSignature\n", + "from mlflow.types.schema import Schema, TensorSpec\n", + "\n", + "input_schema = Schema(\n", + " [\n", + " TensorSpec(np.dtype(np.uint8), (-1, -1, -1, 3)),\n", + " ]\n", + ")\n", + "signature = ModelSignature(inputs=input_schema)" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "Creating the dependencies:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "from mlflow.utils.environment import _mlflow_conda_env\n", + "\n", + "custom_env = _mlflow_conda_env(\n", + " additional_conda_deps=None,\n", + " additional_pip_deps=[\"tensorflow\"],\n", + " additional_conda_channels=None,\n", + ")" + ] + }, + { + "cell_type": "markdown", + "metadata": { + "nteract": { + "transient": { + "deleting": false + } + } + }, + "source": [ + "Logging the model:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": { + "jupyter": { + "outputs_hidden": false, + "source_hidden": false + }, + "nteract": { + "transient": { + "deleting": false + } + } + }, + "outputs": [], + "source": [ + "mlflow_model_path = \"mlflow-model\"\n", + "mlflow.pyfunc.save_model(\n", + " mlflow_model_path,\n", + " data_path=\"imagenet-classifier-mlflow/model\",\n", + " code_path=[\"imagenet-classifier-mlflow/code/module_loader.py\"],\n", + " loader_module=\"module_loader\",\n", + " conda_env=custom_env,\n", + " signature=signature,\n", + ")" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "### 2.5 Registering the new model" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "mlflow_model_name = f\"{model_name}-mlflow\"\n", + "ml_client.models.create_or_update(\n", + " Model(\n", + " name=mlflow_model_name,\n", + " path=mlflow_model_path,\n", + " type=AssetTypes.MLFLOW_MODEL,\n", + " )\n", + ")" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "This new model can be used for batch scoring using batch deployments." + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "model = ml_client.models.get(name=mlflow_model_name, label=\"latest\")" + ] + }, + { + "cell_type": "markdown", + "metadata": { + "nteract": { + "transient": { + "deleting": false + } + } + }, + "source": [ + "## 3 Create Batch Endpoint\n", + "\n", + "Batch endpoints are endpoints that are used batch inferencing on large volumes of data over a period of time. Batch endpoints receive pointers to data and run jobs asynchronously to process the data in parallel on compute clusters. Batch endpoints store outputs to a data store for further analysis.\n", + "\n", + "To create an online endpoint we will use `BatchEndpoint`. This class allows user to configure the following key aspects:\n", + "- `name` - Name of the endpoint. Needs to be unique at the Azure region level\n", + "- `auth_mode` - The authentication method for the endpoint. Currently only Azure Active Directory (Azure AD) token-based (`aad_token`) authentication is supported. \n", + "- `defaults` - Default settings for the endpoint.\n", + " - `deployment_name` - Name of the deployment that will serve as the default deployment for the endpoint.\n", + "- `description`- Description of the endpoint.\n", + "\n", + "### 3.1 Configure the endpoint\n", + "\n", + "First, let's create the endpoint that is going to host the batch deployments. To ensure that our endpoint name is unique, let's create a random suffix to append to it. \n", + "\n", + "> In general, you won't need to use this technique but you will use more meaningful names. Please skip the following cell if your case:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": { + "jupyter": { + "outputs_hidden": false, + "source_hidden": false + }, + "nteract": { + "transient": { + "deleting": false + } + } + }, + "outputs": [], + "source": [ + "import random\n", + "import string\n", + "\n", + "# Creating a unique endpoint name by including a random suffix\n", + "allowed_chars = string.ascii_lowercase + string.digits\n", + "endpoint_suffix = \"\".join(random.choice(allowed_chars) for x in range(5))\n", + "endpoint_name = \"imagenet-classifier-\" + endpoint_suffix" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "Let's configure the endpoint:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "endpoint = BatchEndpoint(\n", + " name=endpoint_name,\n", + " description=\"An batch service to perform ImageNet image classification\",\n", + ")" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "### 3.2 Create the endpoint\n", + "Using the `MLClient` created earlier, we will now create the Endpoint in the workspace. This command will start the endpoint creation and return a confirmation response while the endpoint creation continues." + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": { + "jupyter": { + "outputs_hidden": false, + "source_hidden": false + }, + "nteract": { + "transient": { + "deleting": false + } + } + }, + "outputs": [], + "source": [ + "ml_client.batch_endpoints.begin_create_or_update(endpoint).result()" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "## 4. Create a batch deployment\n", + "\n", + "A deployment is a set of resources required for hosting the model that does the actual inferencing." + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "### 4.1 Creating an scoring script to work with the model\n", + "\n", + "> Scoring scripts are not required for MLflow models." + ] + }, + { + "cell_type": "markdown", + "metadata": { + "nteract": { + "transient": { + "deleting": false + } + } + }, + "source": [ + "### 4.2 Creating the compute\n", + "\n", + "Batch deployments can run on any Azure ML compute that already exists in the workspace. That means that multiple batch deployments can share the same compute infrastructure. In this example, we are going to work on an AzureML compute cluster called `cpu-cluster`. Let's verify the compute exists on the workspace or create it otherwise." + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": { + "jupyter": { + "outputs_hidden": false, + "source_hidden": false + }, + "nteract": { + "transient": { + "deleting": false + } + } + }, + "outputs": [], + "source": [ + "compute_name = \"cpu-cluster\"\n", + "if not any(filter(lambda m: m.name == compute_name, ml_client.compute.list())):\n", + " print(f\"Compute {compute_name} is not created. Creating...\")\n", + " compute_cluster = AmlCompute(\n", + " name=compute_name, description=\"amlcompute\", min_instances=0, max_instances=5\n", + " )\n", + " ml_client.begin_create_or_update(compute_cluster)" + ] + }, + { + "cell_type": "markdown", + "metadata": { + "nteract": { + "transient": { + "deleting": false + } + } + }, + "source": [ + "Compute may take time to be created. Let's wait for it:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": { + "jupyter": { + "outputs_hidden": false, + "source_hidden": false + }, + "nteract": { + "transient": { + "deleting": false + } + } + }, + "outputs": [], + "source": [ + "print(\"Waiting for compute\", end=\"\")\n", + "while ml_client.compute.get(name=compute_name).provisioning_state == \"Creating\":\n", + " sleep(1)\n", + " print(\".\", end=\"\")\n", + "\n", + "print(\" [DONE]\")" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "### 4.3 Creating the environment\n", + "\n", + "Let's create the environment. In our case, our model runs on `Torch`. Azure Machine Learning already has an environment with the required software installed, so we can reutilize this environment." + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "> Environments are not required for MLflow models" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "## 3.1 Configure the deployment\n", + "\n", + "We will create a deployment for our endpoint using the `BatchDeployment` class. This class allows user to configure the following key aspects.\n", + "- `name` - Name of the deployment.\n", + "- `endpoint_name` - Name of the endpoint to create the deployment under.\n", + "- `model` - The model to use for the deployment. This value can be either a reference to an existing versioned model in the workspace or an inline model specification.\n", + "- `compute` - Name of the compute target to execute the batch scoring jobs on\n", + "- `instance_count`- The number of nodes to use for each batch scoring job.\t\t1\n", + "- `max_concurrency_per_instance`- The maximum number of parallel scoring_script runs per instance.\n", + "- `mini_batch_size`\t- The number of files the code_configuration.scoring_script can process in one `run()` call.\n", + "- `retry_settings`- Retry settings for scoring each mini batch.\t\t\n", + " - `max_retries`- The maximum number of retries for a failed or timed-out mini batch (default is 3)\n", + " - `timeout`- The timeout in seconds for scoring a mini batch (default is 30)\n", + "- `output_action`- Indicates how the output should be organized in the output file. Allowed values are `append_row` or `summary_only`. Default is `append_row`\n", + "- `output_file_name`- Name of the batch scoring output file. Default is `predictions.csv`\n", + "- `environment_variables`- Dictionary of environment variable name-value pairs to set for each batch scoring job.\n", + "- `logging_level`- The log verbosity level.\tAllowed values are `warning`, `info`, `debug`. Default is `info`." + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": { + "jupyter": { + "outputs_hidden": false, + "source_hidden": false + }, + "nteract": { + "transient": { + "deleting": false + } + } + }, + "outputs": [], + "source": [ + "mlflow_deployment = BatchDeployment(\n", + " name=\"imagenet-classifier-rnet-mlflow\",\n", + " description=\"A ResNetV2 model architecture for performing ImageNet classification in batch stored in MLflow format\",\n", + " endpoint_name=endpoint.name,\n", + " model=model,\n", + " compute=compute_name,\n", + " instance_count=2,\n", + " max_concurrency_per_instance=1,\n", + " mini_batch_size=10,\n", + " output_action=BatchDeploymentOutputAction.APPEND_ROW,\n", + " output_file_name=\"predictions.csv\",\n", + " retry_settings=BatchRetrySettings(max_retries=3, timeout=300),\n", + " logging_level=\"info\",\n", + ")" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "### 4.3 Create the deployment\n", + "\n", + "Using the `MLClient` created earlier, we will now create the deployment in the workspace. This command will start the deployment creation and return a confirmation response while the deployment creation continues." + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": { + "jupyter": { + "outputs_hidden": false, + "source_hidden": false + }, + "nteract": { + "transient": { + "deleting": false + } + } + }, + "outputs": [], + "source": [ + "ml_client.batch_deployments.begin_create_or_update(mlflow_deployment).result()" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "Let's update the default deployment name in the endpoint:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "endpoint = ml_client.batch_endpoints.get(endpoint_name)\n", + "endpoint.defaults.deployment_name = deployment.name\n", + "ml_client.batch_endpoints.begin_create_or_update(endpoint).result()" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "We can see the endpoint URL as follows:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "print(f\"The default deployment is {endpoint.defaults.deployment_name}\")" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "At this point, the deployment is ready to perform predictions." + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "# 4. Clean up Resources\n", + "Delete endpoint" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "ml_client.batch_endpoints.begin_delete(name=endpoint_name)" + ] + } + ], + "metadata": { + "kernel_info": { + "name": "amlv2" + }, + "kernelspec": { + "display_name": "Python 3.8.15 ('aml-py38')", + "language": "python", + "name": "python3" + }, + "language_info": { + "codemirror_mode": { + "name": "ipython", + "version": 3 + }, + "file_extension": ".py", + "mimetype": "text/x-python", + "name": "python", + "nbconvert_exporter": "python", + "pygments_lexer": "ipython3", + "version": "3.8.15" + }, + "nteract": { + "version": "nteract-front-end@1.0.0" + }, + "vscode": { + "interpreter": { + "hash": "8d732042e5e620df2ddb4aad7f460808ed1754fa045785bdb47941e58456b253" + } + } + }, + "nbformat": 4, + "nbformat_minor": 0 +} diff --git a/sdk/python/endpoints/batch/mlflow-for-batch-tabular.ipynb b/sdk/python/endpoints/batch/mlflow-for-batch-tabular.ipynb index 6962e3f2d0..561b288fed 100644 --- a/sdk/python/endpoints/batch/mlflow-for-batch-tabular.ipynb +++ b/sdk/python/endpoints/batch/mlflow-for-batch-tabular.ipynb @@ -205,7 +205,9 @@ "\n", "### 3.1 Configure the endpoint\n", "\n", - "First, let's create the endpoint that is going to host the batch deployments. Remember that each endpoint can host multiple deployments at any time." + "First, let's create the endpoint that is going to host the batch deployments. To ensure that our endpoint name is unique, let's create a random suffix to append to it. \n", + "\n", + "> In general, you won't need to use this technique but you will use more meaningful names. Please skip the following cell if your case:" ] }, { @@ -230,9 +232,24 @@ "# Creating a unique endpoint name by including a random suffix\n", "allowed_chars = string.ascii_lowercase + string.digits\n", "endpoint_suffix = \"\".join(random.choice(allowed_chars) for x in range(5))\n", - "\n", + "endpoint_name = \"heart-classifier-\" + endpoint_suffix" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "Let's configure the endpoint:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ "endpoint = BatchEndpoint(\n", - " name=\"heart-classifier-\" + endpoint_suffix,\n", + " name=endpoint_name,\n", " description=\"A heart condition classifier for batch inference\",\n", ")" ] @@ -450,7 +467,7 @@ } }, "source": [ - "Let's update the default deployment name in the endpoint:" + "Once created, let's configure this new deployment as the default one:" ] }, { @@ -503,7 +520,7 @@ }, "outputs": [], "source": [ - "endpoint.scoring_uri" + "print(f\"The default deployment is {endpoint.defaults.deployment_name}\")" ] }, { @@ -584,9 +601,7 @@ }, "outputs": [], "source": [ - "heart_dataset_unlabeled = ml_client.data.get(\n", - " name=\"heart-dataset-unlabeled\", label=\"latest\"\n", - ")" + "heart_dataset_unlabeled = ml_client.data.get(name=dataset_name, label=\"latest\")" ] }, { @@ -719,6 +734,27 @@ "ml_client.jobs.get(job.name)" ] }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "We can wait for the job to finish using the following code:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "print(f\"Waiting for batch job deployment {job.name}\", end=\"\")\n", + "while ml_client.jobs.get(name=job.name).status not in [\"Completed\", \"Failed\"]:\n", + " sleep(10)\n", + " print(\".\", end=\"\")\n", + "\n", + "print(\" [DONE]\")" + ] + }, { "cell_type": "markdown", "metadata": {}, @@ -727,7 +763,7 @@ "\n", "#### 4.7.1 Download the results\n", "\n", - "The outputs generated by the deployment job will be placed in an output named `score`:" + "The deployment creates a child job that executes the scoring. We can get the details of it using the following code:" ] }, { @@ -746,16 +782,23 @@ }, "outputs": [], "source": [ - "while ml_client.jobs.get(job.name).status not in [\n", - " \"Canceled\",\n", - " \"Completed\",\n", - " \"Paused\",\n", - " \"NotResponding\",\n", - " \"Failed\",\n", - "]:\n", - " sleep(10)\n", - " print(\".\", end=\"\")\n", - "ml_client.jobs.download(name=job.name, download_path=\".\", output_name=\"score\")" + "scoring_job = list(ml_client.jobs.list(parent_job_name=job.name))[0]" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "The outputs generated by the deployment job will be placed in an output named `score`:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "ml_client.jobs.download(name=scoring_job.name, download_path=\".\", output_name=\"score\")" ] }, { @@ -783,7 +826,7 @@ }, "outputs": [], "source": [ - "with open(\"./predictions.csv\", \"r\") as f:\n", + "with open(\"named-outputs/score/predictions.csv\", \"r\") as f:\n", " data = f.read()" ] }, @@ -814,43 +857,20 @@ }, { "cell_type": "markdown", - "metadata": { - "nteract": { - "transient": { - "deleting": false - } - } - }, + "metadata": {}, "source": [ - "## 5. (Optional) Overwriting deployment degree of parallelism in jobs\n", + "## 5. Clean up resources\n", "\n", - "### 5.1 Overwriting jobs\n", - "\n", - "Batch endpoints allow you to overwrite some of the parameters of the batch deployment. You can use this to control the degree of parallelization in your job depending to the size of the data input you are using:" + "Clean-up the resources created. " ] }, { "cell_type": "code", "execution_count": null, - "metadata": { - "jupyter": { - "outputs_hidden": false, - "source_hidden": false - }, - "nteract": { - "transient": { - "deleting": false - } - } - }, + "metadata": {}, "outputs": [], "source": [ - "job = ml_client.batch_endpoints.invoke(\n", - " deployment_name=deployment.name,\n", - " endpoint_name=endpoint.name,\n", - " input=input,\n", - " params_override=[{\"mini_batch_size\": \"20\"}, {\"compute.instance_count\": \"1\"}],\n", - ")" + "ml_client.batch_endpoints.begin_delete(endpoint_name)" ] } ], @@ -859,9 +879,9 @@ "name": "amlv2" }, "kernelspec": { - "display_name": "Python 3.10 - SDK V2", + "display_name": "Python 3.8.15 ('aml-py38')", "language": "python", - "name": "python310-sdkv2" + "name": "python3" }, "language_info": { "codemirror_mode": { @@ -873,14 +893,14 @@ "name": "python", "nbconvert_exporter": "python", "pygments_lexer": "ipython3", - "version": "3.11.0" + "version": "3.8.15" }, "nteract": { "version": "nteract-front-end@1.0.0" }, "vscode": { "interpreter": { - "hash": "97244a77a34cba5e2b1e39283dc2fb6fff847d184db3eb48522848cc6c29e077" + "hash": "8d732042e5e620df2ddb4aad7f460808ed1754fa045785bdb47941e58456b253" } } }, diff --git a/sdk/python/endpoints/batch/mnist-batch.ipynb b/sdk/python/endpoints/batch/mnist-batch.ipynb index 5b95135739..4060cec98e 100644 --- a/sdk/python/endpoints/batch/mnist-batch.ipynb +++ b/sdk/python/endpoints/batch/mnist-batch.ipynb @@ -44,7 +44,6 @@ }, "outputs": [], "source": [ - "# import required libraries\n", "from azure.ai.ml import MLClient, Input\n", "from azure.ai.ml.entities import (\n", " BatchEndpoint,\n", @@ -52,9 +51,10 @@ " Model,\n", " Environment,\n", " BatchRetrySettings,\n", + " CodeConfiguration,\n", ")\n", "from azure.identity import DefaultAzureCredential\n", - "from azure.ai.ml.constants import BatchDeploymentOutputAction" + "from azure.ai.ml.constants import AssetTypes, BatchDeploymentOutputAction" ] }, { @@ -92,7 +92,6 @@ }, "outputs": [], "source": [ - "# get a handle to the workspace\n", "ml_client = MLClient(\n", " DefaultAzureCredential(), subscription_id, resource_group, workspace\n", ")" @@ -132,13 +131,26 @@ "# Creating a unique endpoint name by including a random suffix\n", "allowed_chars = string.ascii_lowercase + string.digits\n", "endpoint_suffix = \"\".join(random.choice(allowed_chars) for x in range(5))\n", - "batch_endpoint_name = \"mnist-batch-\" + endpoint_suffix\n", - "\n", - "# create a batch endpoint\n", + "endpoint_name = \"mnist-batch-\" + endpoint_suffix" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "Let's configure the endpoint:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ "endpoint = BatchEndpoint(\n", - " name=batch_endpoint_name,\n", + " name=endpoint_name,\n", " description=\"A batch endpoint for scoring images from the MNIST dataset.\",\n", - " tags={\"foo\": \"bar\"},\n", + " tags={\"type\": \"deep-learning\"},\n", ")" ] }, @@ -159,12 +171,185 @@ "ml_client.begin_create_or_update(endpoint).result()" ] }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "## 3. Registering the model\n", + "\n", + "### 3.1 About the model\n", + "\n", + "We are going to deploy a model created using Torch to solve the typical MNIST classification problem." + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "### 3.2 Registering the model in the workspace\n", + "\n", + "We need to register the model in order to use it with Azure Machine Learning:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "model_name = \"mnist-classification-torch\"\n", + "model_local_path = \"./mnist/model/\"" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "if not any(filter(lambda m: m.name == model_name, ml_client.models.list())):\n", + " print(f\"Model {model_name} is not registered. Creating...\")\n", + " model = ml_client.models.create_or_update(\n", + " Model(name=model_name, path=model_local_path, type=AssetTypes.CUSTOM_MODEL)\n", + " )" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "Let's get a reference to the model:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "model = ml_client.models.get(name=model_name, label=\"latest\")" + ] + }, { "cell_type": "markdown", "metadata": {}, "source": [ "# 3. Create a deployment\n", - "A deployment is a set of resources required for hosting the model that does the actual inferencing. We will create a deployment for our endpoint using the `BatchDeployment` class. This class allows user to configure the following key aspects.\n", + "A deployment is a set of resources required for hosting the model that does the actual inferencing." + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "### 4.1 Creating an scoring script to work with the model" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "%%writefile mnist/code/batch_driver.py\n", + "\n", + "import os\n", + "import numpy as np\n", + "import pandas as pd\n", + "import tensorflow as tf\n", + "from PIL import Image\n", + "from azureml.core import Model\n", + "\n", + "\n", + "def init():\n", + " global g_tf_sess\n", + "\n", + " # AZUREML_MODEL_DIR is an environment variable created during deployment\n", + " # It is the path to the model folder (./azureml-models)\n", + " # Please provide your model's folder name if there's one\n", + " model_path = os.path.join(os.environ[\"AZUREML_MODEL_DIR\"], \"model\")\n", + "\n", + " # contruct graph to execute\n", + " tf.reset_default_graph()\n", + " saver = tf.train.import_meta_graph(os.path.join(model_path, \"mnist-tf.model.meta\"))\n", + " g_tf_sess = tf.Session(config=tf.ConfigProto(device_count={\"GPU\": 0}))\n", + " saver.restore(g_tf_sess, os.path.join(model_path, \"mnist-tf.model\"))\n", + "\n", + "\n", + "def run(mini_batch):\n", + " print(f\"run method start: {__file__}, run({mini_batch})\")\n", + " resultList = []\n", + " in_tensor = g_tf_sess.graph.get_tensor_by_name(\"network/X:0\")\n", + " output = g_tf_sess.graph.get_tensor_by_name(\"network/output/MatMul:0\")\n", + "\n", + " for image in mini_batch:\n", + " # prepare each image\n", + " data = Image.open(image)\n", + " np_im = np.array(data).reshape((1, 784))\n", + " # perform inference\n", + " inference_result = output.eval(feed_dict={in_tensor: np_im}, session=g_tf_sess)\n", + " # find best probability, and add to result list\n", + " best_result = np.argmax(inference_result)\n", + " resultList.append([os.path.basename(image), best_result])\n", + "\n", + " return pd.DataFrame(resultList)" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "### 4.2 Creating the compute\n", + "\n", + "Batch deployments can run on any Azure ML compute that already exists in the workspace. That means that multiple batch deployments can share the same compute infrastructure. In this example, we are going to work on an AzureML compute cluster called `cpu-cluster`. Let's verify the compute exists on the workspace or create it otherwise." + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "compute_name = \"cpu-cluster\"\n", + "if not any(filter(lambda m: m.name == compute_name, ml_client.compute.list())):\n", + " print(f\"Compute {compute_name} is not created. Creating...\")\n", + " compute_cluster = AmlCompute(\n", + " name=compute_name,\n", + " description=\"CPU cluster compute\",\n", + " min_instances=0,\n", + " max_instances=2,\n", + " )\n", + " ml_client.compute.begin_create_or_update(compute_cluster).result()" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "### 4.3 Creating the environment\n", + "\n", + "Let's create the environment. In our case, our model runs on `Torch`. Azure Machine Learning already has an environment with the required software installed, so we can reutilize this environment." + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "env = Environment(\n", + " conda_file=\"./mnist/environment/conda.yml\",\n", + " image=\"mcr.microsoft.com/azureml/openmpi3.1.2-ubuntu18.04:latest\",\n", + ")" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "## 3.1 Configure the deployment\n", + "\n", + "We will create a deployment for our endpoint using the `BatchDeployment` class. This class allows user to configure the following key aspects.\n", "- `name` - Name of the deployment.\n", "- `endpoint_name` - Name of the endpoint to create the deployment under.\n", "- `model` - The model to use for the deployment. This value can be either a reference to an existing versioned model in the workspace or an inline model specification.\n", @@ -181,9 +366,7 @@ "- `output_action`- Indicates how the output should be organized in the output file. Allowed values are `append_row` or `summary_only`. Default is `append_row`\n", "- `output_file_name`- Name of the batch scoring output file. Default is `predictions.csv`\n", "- `environment_variables`- Dictionary of environment variable name-value pairs to set for each batch scoring job.\n", - "- `logging_level`- The log verbosity level.\tAllowed values are `warning`, `info`, `debug`. Default is `info`.\n", - "\n", - "## 3.1 Configure the deployment" + "- `logging_level`- The log verbosity level.\tAllowed values are `warning`, `info`, `debug`. Default is `info`." ] }, { @@ -196,21 +379,16 @@ }, "outputs": [], "source": [ - "# create a batch deployment\n", - "model = Model(path=\"./mnist/model/\")\n", - "env = Environment(\n", - " conda_file=\"./mnist/environment/conda.yml\",\n", - " image=\"mcr.microsoft.com/azureml/openmpi3.1.2-ubuntu18.04:latest\",\n", - ")\n", "deployment = BatchDeployment(\n", " name=\"mnist-torch-dpl\",\n", " description=\"A deployment using Torch to solve the MNIST classification dataset.\",\n", - " endpoint_name=batch_endpoint_name,\n", + " endpoint_name=endpoint_name,\n", " model=model,\n", - " code_path=\"./mnist/code/\",\n", - " scoring_script=\"batch_driver.py\",\n", + " code_configuration=CodeConfiguration(\n", + " code=\"./mnist/code/\", scoring_script=\"batch_driver.py\"\n", + " ),\n", " environment=env,\n", - " compute=\"cpu-cluster\",\n", + " compute=compute_name,\n", " instance_count=2,\n", " max_concurrency_per_instance=2,\n", " mini_batch_size=10,\n", @@ -238,6 +416,40 @@ "ml_client.begin_create_or_update(deployment).result()" ] }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "Let's update the default deployment name in the endpoint:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "endpoint = ml_client.batch_endpoints.get(endpoint_name)\n", + "endpoint.defaults.deployment_name = deployment.name\n", + "ml_client.batch_endpoints.begin_create_or_update(endpoint).result()" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "We can see the endpoint URL as follows:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "print(f\"The default deployment is {endpoint.defaults.deployment_name}\")" + ] + }, { "cell_type": "markdown", "metadata": {}, @@ -251,24 +463,41 @@ "### 3.3.1 Invoke the endpoint" ] }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "Let's use public data available in an Azure Storage Account." + ] + }, { "cell_type": "code", "execution_count": null, "metadata": {}, "outputs": [], "source": [ - "# create a dataset form the folderpath\n", "input = Input(\n", " type=\"uri_folder\",\n", " path=\"https://pipelinedata.blob.core.windows.net/sampledata/mnist\",\n", - ")\n", - "\n", - "# invoke the endpoint for batch scoring job\n", + ")" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "Let's now invoke the endpoint for batch scoring job:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ "job = ml_client.batch_endpoints.invoke(\n", - " endpoint_name=batch_endpoint_name,\n", + " endpoint_name=endpoint_name,\n", " input=input,\n", - " deployment_name=\"mnist-torch-dpl\", # name is required as default deployment is not set\n", - " params_override=[{\"mini_batch_size\": \"20\"}, {\"compute.instance_count\": \"4\"}],\n", ")" ] }, @@ -286,12 +515,108 @@ "metadata": {}, "outputs": [], "source": [ - "# get the details of the job\n", - "job_name = job.name\n", - "batch_job = ml_client.jobs.get(name=job_name)\n", - "print(batch_job.status)\n", - "# stream the job logs\n", - "ml_client.jobs.stream(name=job_name)" + "ml_client.jobs.get(job.name)" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "We can wait for the job to finish using the following code:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "from time import sleep\n", + "\n", + "print(f\"Waiting for batch deployment job {job.name}\", end=\"\")\n", + "while ml_client.jobs.get(name=job.name).status not in [\"Completed\", \"Failed\"]:\n", + " sleep(10)\n", + " print(\".\", end=\"\")\n", + "\n", + "print(\" [DONE]\")" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "#### 3.3.3 Download the results\n", + "\n", + "The deployment creates a child job that executes the scoring. We can get the details of it using the following code:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": { + "jupyter": { + "outputs_hidden": false, + "source_hidden": false + }, + "nteract": { + "transient": { + "deleting": false + } + } + }, + "outputs": [], + "source": [ + "scoring_job = list(ml_client.jobs.list(parent_job_name=job.name))[0]" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "The outputs generated by the deployment job will be placed in an output named `score`:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "ml_client.jobs.download(name=scoring_job.name, download_path=\".\", output_name=\"score\")" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "We can read this data using pandas library:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": { + "jupyter": { + "outputs_hidden": false, + "source_hidden": false + }, + "nteract": { + "transient": { + "deleting": false + } + } + }, + "outputs": [], + "source": [ + "import pandas as pd\n", + "\n", + "score = pd.read_csv(\n", + " \"named-outputs/score/predictions.csv\",\n", + " header=None,\n", + " names=[\"file\", \"class\"],\n", + " sep=\" \",\n", + ")\n", + "score" ] }, { @@ -308,7 +633,7 @@ "metadata": {}, "outputs": [], "source": [ - "ml_client.batch_endpoints.begin_delete(name=batch_endpoint_name)" + "ml_client.batch_endpoints.begin_delete(name=endpoint_name)" ] } ], @@ -320,9 +645,9 @@ "name": "python3-azureml" }, "kernelspec": { - "display_name": "Python 3.10 - SDK V2", + "display_name": "Python 3.8.15 ('aml-py38')", "language": "python", - "name": "python310-sdkv2" + "name": "python3" }, "language_info": { "codemirror_mode": { @@ -334,14 +659,14 @@ "name": "python", "nbconvert_exporter": "python", "pygments_lexer": "ipython3", - "version": "3.11.0" + "version": "3.8.15" }, "nteract": { "version": "nteract-front-end@1.0.0" }, "vscode": { "interpreter": { - "hash": "97244a77a34cba5e2b1e39283dc2fb6fff847d184db3eb48522848cc6c29e077" + "hash": "8d732042e5e620df2ddb4aad7f460808ed1754fa045785bdb47941e58456b253" } } }, diff --git a/sdk/python/endpoints/batch/readme.md b/sdk/python/endpoints/batch/readme.md new file mode 100644 index 0000000000..3c9e45c688 --- /dev/null +++ b/sdk/python/endpoints/batch/readme.md @@ -0,0 +1,24 @@ +# Batch Endpoints examples + +Batch endpoints provide a convenient way to run inference over large volumes of data. They simplify the process of hosting your models for batch scoring, so you can focus on machine learning, not infrastructure. + +Use batch endpoints when: + +- ✓ You have expensive models that requires a longer time to run inference. +- ✓ You need to perform inference over large amounts of data, distributed in multiple files. +- ✓ You don't have low latency requirements. +- ✓ You can take advantage of parallelization. + +In this folder, you will find several examples with concrete scenarios to start working with Batch Endpoints. + + +Notebook | Description | Status +---------|--------------------------------|--------- +[Create and manage a batch endpoint for inferencing](mnist-batch.ipynb) | Demonstrates the basics for working with batch endpoints by deploying two different models that solve the MNIST classification problem. One model is built with TensorFlow and the other with Torch. The example demonstrates how you can deploy multiple model versions under the same endpoint and switch between them as needed. | +[Image processing with batch deployments](imagenet-classifier-batch.ipynb) | Demonstrates how to create a deployment that scores images using a deep learning model for image classification for the classical ImageNet problem built with TensorFlow and Keras. It also demonstrates how to achieve high performance deployments by reading and scoring batches of images. | +[Text processing with batch deployments](text-summarization-batch.ipynb) | Demonstrates how to create a deployment that scores text using a deep learning model based on the popular HuggingFace library. The model generates summaries by reading the input data from CSV files. | +[Use MLflow models in batch deployments for tabular data](mlflow-for-batch-tabular.ipynb) | Demonstrates how to deploy an MLflow model that operates over tabular data to a batch endpoint without indicating an scoring script or environment. It also demonstrates how you can customize how inference is executed with an scoring script if needed. The model solves the classical Heart Disease classification problem and scoring is performed over CSV files. | +[Use MLflow models in batch deployments for image processing](mlflow-for-batch-images.ipynb) | Demonstrates how to deploy an MLflow model that operates over image files to a batch endpoint without indicating an scoring script or environment. It demonstrates how MLflow models can be registered and designed so they can work better on batch deployments. | +[Customize outputs in batch deployments](custom-output-batch.ipynb) | By default, batch endpoints generate the predictions in a single file in CSV format. This example demonstrates how to customize the output and predictions generated by batch deployments by deploying an MLflow model that reads data in CSV format and generate predictions stored in __parquet__ format as separated files. | + +To get help about how to use this examples and batch endpoints in general, please check [Use batch endpoints for batch scoring - Azure Machine Learning Docs](https://learn.microsoft.com/en-us/azure/machine-learning/how-to-use-batch-endpoint). diff --git a/sdk/python/endpoints/batch/text-summarization-batch.ipynb b/sdk/python/endpoints/batch/text-summarization-batch.ipynb index 889e29808d..cbb80292cd 100644 --- a/sdk/python/endpoints/batch/text-summarization-batch.ipynb +++ b/sdk/python/endpoints/batch/text-summarization-batch.ipynb @@ -33,7 +33,7 @@ "- `numpy`\n", "- `pandas`\n", "- `huggingface`\n", - "- `torch`" + "- `tensorflow`" ] }, { @@ -50,7 +50,11 @@ { "cell_type": "code", "execution_count": null, - "metadata": {}, + "metadata": { + "tags": [ + "name" + ] + }, "outputs": [], "source": [ "from azure.ai.ml import MLClient, Input\n", @@ -151,11 +155,9 @@ }, "outputs": [], "source": [ - "from transformers import pipeline, AutoTokenizer, TFBartForConditionalGeneration\n", + "from transformers import pipeline\n", "\n", - "summarizer = pipeline(\n", - " \"summarization\", model=\"facebook/bart-large-cnn\", tokenizer=tokenizer\n", - ")" + "summarizer = pipeline(\"summarization\", model=\"facebook/bart-large-cnn\", framework=\"tf\")" ] }, { @@ -322,8 +324,22 @@ "# Creating a unique endpoint name by including a random suffix\n", "allowed_chars = string.ascii_lowercase + string.digits\n", "endpoint_suffix = \"\".join(random.choice(allowed_chars) for x in range(5))\n", - "endpoint_name = \"text-summarization-\" + endpoint_suffix\n", - "\n", + "endpoint_name = \"text-summarization-\" + endpoint_suffix" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "Let's configure the endpoint:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ "endpoint = BatchEndpoint(\n", " name=endpoint_name,\n", " description=\"An batch service to perform text sumarization of content in CSV files\",\n", @@ -354,7 +370,7 @@ }, "outputs": [], "source": [ - "ml_client.batch_endpoints.begin_create_or_update(endpoint)" + "ml_client.batch_endpoints.begin_create_or_update(endpoint).result()" ] }, { @@ -390,7 +406,7 @@ }, "outputs": [], "source": [ - "%%writefile bart-text-summarization/code/transformer_scorer.py\n", + "%%writefile bart-text-summarization/code/batch_driver.py\n", "\n", "import os\n", "import numpy as np\n", @@ -449,7 +465,7 @@ "source": [ "### 4.2 Creating the compute\n", "\n", - "Batch deployments can run on any Azure ML compute that already exists in the workspace. That means that multiple batch deployments can share the same compute infrastructure. In this example, we are going to work on an AzureML compute cluster called `cpu-cluster`. Let's verify the compute exists on the workspace or create it otherwise." + "Batch deployments can run on any Azure ML compute that already exists in the workspace. That means that multiple batch deployments can share the same compute infrastructure. In this example, we are going to work on an AzureML compute cluster called `gpu-cluster` with GPU hardware acceleration. Let's verify the compute exists on the workspace or create it otherwise." ] }, { @@ -468,13 +484,17 @@ }, "outputs": [], "source": [ - "compute_name = \"cpu-cluster\"\n", + "compute_name = \"gpu-cluster\"\n", "if not any(filter(lambda m: m.name == compute_name, ml_client.compute.list())):\n", " print(f\"Compute {compute_name} is not created. Creating...\")\n", " compute_cluster = AmlCompute(\n", - " name=compute_name, description=\"amlcompute\", min_instances=0, max_instances=5\n", + " name=compute_name,\n", + " description=\"GPU cluster compute\",\n", + " size=\"Standard_NC6\",\n", + " min_instances=0,\n", + " max_instances=2,\n", " )\n", - " ml_client.begin_create_or_update(compute_cluster)" + " ml_client.compute.begin_create_or_update(compute_cluster)" ] }, { @@ -549,7 +569,7 @@ "source": [ "environment = Environment(\n", " conda_file=\"./bart-text-summarization/environment/conda.yml\",\n", - " image=\"mcr.microsoft.com/azureml/tensorflow-2.4-ubuntu18.04-py37-cpu-inference:latest\",\n", + " image=\"mcr.microsoft.com/azureml/curated/tensorflow-2.7-ubuntu20.04-py38-cuda11-gpu:latest\",\n", ")" ] }, @@ -609,7 +629,7 @@ " environment=environment,\n", " code_configuration=CodeConfiguration(\n", " code=\"./bart-text-summarization/code/\",\n", - " scoring_script=\"transformer_scorer.py\",\n", + " scoring_script=\"batch_driver.py\",\n", " ),\n", " compute=compute_name,\n", " instance_count=2,\n", @@ -646,7 +666,7 @@ }, "outputs": [], "source": [ - "ml_client.batch_deployments.begin_create_or_update(deployment)" + "ml_client.batch_deployments.begin_create_or_update(deployment).result()" ] }, { @@ -680,7 +700,7 @@ "source": [ "endpoint = ml_client.batch_endpoints.get(endpoint_name)\n", "endpoint.defaults.deployment_name = deployment.name\n", - "ml_client.batch_endpoints.begin_create_or_update(endpoint)" + "ml_client.batch_endpoints.begin_create_or_update(endpoint).result()" ] }, { @@ -712,7 +732,7 @@ }, "outputs": [], "source": [ - "endpoint.scoring_uri" + "print(f\"The default deployment is {endpoint.defaults.deployment_name}\")" ] }, { @@ -768,7 +788,30 @@ "metadata": {}, "outputs": [], "source": [ - "ml_client.data.create_or_update(billsummary_data)" + "billsummary_data = ml_client.data.create_or_update(billsummary_data)" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "Let's wait for the data asset:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "from time import sleep\n", + "\n", + "print(f\"Waiting for data asset {dataset_name}\", end=\"\")\n", + "while not any(filter(lambda m: m.name == dataset_name, ml_client.data.list())):\n", + " sleep(10)\n", + " print(\".\", end=\"\")\n", + "\n", + "print(\" [DONE]\")" ] }, { @@ -892,6 +935,79 @@ "source": [ "ml_client.jobs.get(job.name)" ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "We can wait for the job to finish using the following code:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "print(f\"Waiting for batch deployment job {job.name}\", end=\"\")\n", + "while ml_client.jobs.get(name=job.name).status not in [\"Completed\", \"Failed\"]:\n", + " sleep(10)\n", + " print(\".\", end=\"\")\n", + "\n", + "print(\" [DONE]\")" + ] + }, + { + "cell_type": "markdown", + "metadata": { + "nteract": { + "transient": { + "deleting": false + } + } + }, + "source": [ + "### 4.7 Exploring the results\n", + "\n", + "#### 4.7.1 Download the results\n", + "\n", + "The deployment creates a child job that executes the scoring. We can get the details of it using the following code:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": {}, + "outputs": [], + "source": [ + "scoring_job = list(ml_client.jobs.list(parent_job_name=job.name))[0]" + ] + }, + { + "cell_type": "markdown", + "metadata": {}, + "source": [ + "The outputs generated by the deployment job will be placed in an output named `score`:" + ] + }, + { + "cell_type": "code", + "execution_count": null, + "metadata": { + "jupyter": { + "outputs_hidden": false, + "source_hidden": false + }, + "nteract": { + "transient": { + "deleting": false + } + } + }, + "outputs": [], + "source": [ + "ml_client.jobs.download(name=scoring_job.name, download_path=\".\", output_name=\"score\")" + ] } ], "metadata": { @@ -899,9 +1015,9 @@ "name": "amlv2" }, "kernelspec": { - "display_name": "Python 3.10 - SDK V2", + "display_name": "Python 3.8.5 ('azureml_py38_PT_TF')", "language": "python", - "name": "python310-sdkv2" + "name": "python3" }, "language_info": { "codemirror_mode": { @@ -913,14 +1029,14 @@ "name": "python", "nbconvert_exporter": "python", "pygments_lexer": "ipython3", - "version": "3.11.0" + "version": "3.8.5" }, "nteract": { "version": "nteract-front-end@1.0.0" }, "vscode": { "interpreter": { - "hash": "97244a77a34cba5e2b1e39283dc2fb6fff847d184db3eb48522848cc6c29e077" + "hash": "9169f1d4e16acc976bbb73e323b0dbdf23f1c55e833fb2befffc4fb50ac2de2f" } } },